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HomeMy WebLinkAbout2008-09-22 AgendaAGENDA VILLAGE OF MORTON GROVE MEETING OF THE BOARD OF TRUSTEES TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER SEPTEMBER 22, 2008 Meeting 7:30 pm 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. 5. h. 7. 8. 9. ]0. Approval of'=d~dinutes - Regular Meeting, September 8, 2008 Public Hearings Special Reports Resident's Comments (agenda items only) President's Report-Administration, Northwest Municipal Conference, Council ofMayor-s, TIF Committee, Capital Argjeeis, Real Estate Committee a. Proclamation -Fire Prevention Week -October 5- 1 ] , 2008 b. New Appointment to the Natural Resources Commission- Grant Gilbert Clerk's Report- Condominium Association, Advisory Commission nn Aging Staff Reports a. Village Administrator 1) Report regarding the September 12-14, 2008, rainstorm b. Corporation Counsel Reports by Trustees a. Trustee Brunner -Legal, Family and Senio~° Services Department, Cable and Telecommunications Commission, Em~ironmentaZ Health, Waukegan Road TIF Review, Solid Waste Agency of Northern Cook County, Community Relations Commission (Trustee Kogslad) ll . Reports by Trustees (continued) h. Trustee Kogstad -Comprehensive Plan, Advisory Commission on Aging (Trustee Minx) e. Trustee Marcus -Police Department, Police and Fire Commission, Real Estate Comttaittee, Chamber ofCominerce (Trustee Thill) d. Trustee Minx -Finance Department, Real Estate Com»zitte[<, Plan Commission, Ferris/Lehigh TIF Review, Fire Department, RED Center, NIPSTA, Capital Projects, Police and Fire Commission, Economic Development, Northwest Municipal Conference (Trustee Staaekmann) 1) Ordinance 08-39 (Introduced September $ 2008) Granting a Special Use Permit in the Village for Property Located at 9398 Mansfield Avenue for Commercial Wireless Antenna Installation e. Trustee Staackmann -Building Department, Appearance Commission, ESDA, IT/Communications, Dempster Street Corridor Plan (Trustee Brunner) £ Trustee Thill -Public Works, Capital Projects, Traffic Safety Commission, Natural Resource Commission, Solid Waste Agency of Northern Cook County (1'rus7ee Marcus) 1) Resolution 08-55 (Inh°oduced September 22, 2008) Authorizing the EXCCUtIOri of a Professional Services Agreement with Consoer Townsend Elwirodyne Engineers, hx. (C"I'E) for a Water Distribution Study l2. Other }3usiness 13. Presentation of Warrants - $836,b85.31 14. Resident's Comments l 5. ~xeeutive Session - Persomzel, Labor Negotiations, Reai Estate, acid Review cf Executive Session Minutes 16. AdJOUI'nment - To ensure,full accessibility and equalparticipationfor all interested citizens, individuals with disabilities who plan to attend and who require certain accommodations in order to observe and/or participate in this meeting, or who have questions regarding tlae accessibilir)~ of these facilities, are requested to coniacl Susan or Marlene (847/170-5220) promptl~~ to allow tlae 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. Village Clerk Carol Fritzshall called the roll. Present were: Trustees Georgianne Brunner, Roy Kogstad, Shel Ma"rcus, Rita Minx, Dan Staackmann, and John Thill. III. APPROVAL OF MINUTES a. Regarding the Minutes of the Special Meeting of June 25, 2008, Mayor Krier asked if anyone had any changes or corrections to the Minutes. Trustee Brunner had a question about the format of the Minutes and why there was a need for an "Exhibit A". Clerk Fritzshall explained that Exhibit A was in response to a request from Trustee Kogstad. Trustee Brunner asked Trustee Kogstad what pertinence Exhibit A had to the Minutes. He said it was material that wasn't included originally with these Minutes. Trustee Minx moved to approve the Minutes of the Special Meeting of June 25, 2008, as submitted. Trustee Thill seconded the motion. Trustee Kogstad asked if the vote could be done via roll call. The motion passed: 6 ayes, 0 nays. Tr. Brunner a~~e Tr. Kogstad ~ Tr. Marcus Tr. Minx ~ Tr. Staackmann aye Tr. Thill aye b Regarding the Minutes of the Special Meeting of July 10, 2008, Mayor Krier asked if anyone had any changes or corrections to the Minutes. Seeing none, Trustee Minx moved to approve the Minutes of the Special Meeting of July 10, 2008, seconded by Trustee Marcus. Motion passed unanimously via voice vote. c. Regarding the Minutes of the August 25, 2008 Regular Meeting, Mayor Krier asked if anyone had any changes or corrections to the Minutes. Trustee Brunner commented that, un- der "Other Business", the discussion about the handicapped parking spot, she thought that staff was going to be making a recommendation to the Board. That was not reflected in the Minutes. Trustee Minx said she thought that the people were going to petition the Traffic Safety Commission. Trustee Thill said he was recalling that Corporation Counsel was going to write something up for the Traffic Safety Commission to review. None of this discussion was included in the Minutes. Trustee Kogstad said, regarding the discussion on Resolution 08-48, that Chief Tasch had said he would get information on the other bidders to the Board members. Chief Tasch did send out an email with this information, and Trustee Kogstad said he would like that email to be attached to the Minutes. Corporation Counsel said that they Minutes of Seirtemtiet 8, 2008 Board Meeting III. APPROVAL OF MINUTES (continued) could be attached to tonight's Minutes. Trustee Kogstad said that would be fine. There was no additional discussion. Trustee Minx moved, seconded by Trustee Marcus, to approve the August 25, 2008 Regular Meeting Minutes as submitted. Motion passed unanimously via voice vote. IV. PUBLIC HEARINGS NONE V. SPECIAL REPORTS Plan Commission Chairman Ron Farkas presented this case, which first came before the Commission in July and was continued until August because no representative of the Appli- cant was present at the July hearing. As stated, the applicant, Denali Spectrum dba Cricket Communications is requesting a Special Use Permit for a commercial wireless installation on the ComEd tower at 9398 Mansfield Avenue. Bonnie Jacobson, Village Planner, indicated that there were no staff concerns regarding this case except for adding aturn-around for the service truck. Staff also suggested the driveway be accessed from Mansfield Avenue rather than Marmora Avenue, since it's closer. At the July hearing, although the applicant was not present, several concerned residents spoke. They were not pleased with staff's suggestion about using Mansfield Avenue to access the driveway, instead preferring the Marmora accessway. Therefore, at the August hearing, the site plan was changed back to show the access drive off of Marmora Avenue, as initially proposed by the Applicant. The Applicant was present at the August hearing and brought along an RF engineer. Chair- man Farkas noted tfiat it was the first time he could redalf, in all of the many requests for commercial wireless antenna installations, that an applicant brought along an RF engineer. The Plan Commission unanimously recommended approval of this request, with one absent. VI. RESIDENTS' COMMENTS (Agenda Items Only) a. Louis Glen. Mr. Glen was addressing Ordinance 08-53 (Allocation of 2008 Private Activity Bond Volume Cap). Mayor Krier informed him that it's a misprint on the Agenda; it's really Resolution 08-53. Mr. Glen said that he is president of Regent Technologies. His company has been in Morton Grove since 1972. They just purchased adjacent property in order to build a laboratory, using the Village's private activity bond volume cap. The Village has granted them this twice before. b. Produce World owner. The gentleman said he's proud that Produce World has been in Morton Grove for the past 17 years and hopes the Village will support the store's move to the east side of Waukegan Road. He said the Board should feel free to ask him any questions. Minutes ufSeptember 8;.2008 $oartl Meeting VII. PRESIDENT'S REPORT Mayor Krier proclaimed September, 2008 as "National Alcohol and Drug Addiction Recovery Month" in the Village. He said it was critical to educate the community that substance use disorders are treatable, yet serious, health problems, and encouraged all citizens to observe this month with appropriate programs, activities, and ceremonies supporting this year's theme: "Join the Voices for Recovery: Build a Stronger, Healthier Community." 2. Mayor Krier announced that Family Fest Block Party will take place again this year at the Village HaII. It will be an all-day, family-oriented event held on September 20, 2008. There will be a pancake breakfast in the morning, a scarecrow contest, a New Resident Reception, recognition of people who've lived in Morton Grove for 65 years or more, many other family activities, and a beer tent in the evening. He said they were still looking for volunteers to help supervise the children's activities, if anyone was interested in donating a couple of hours of their time. If so, they should contact Sue or Marlene at Village Hall. Mayor Krier said he hoped everyone will be able to attend. 3. The United Food Drive for local food pantries will take place September 15 through September 25. Drop-off locations are: the Civic Center, Village Hall, and the Fire Station. VIII. CLERK'S REPORT Clerk Fritzshall had no formal report, but noted that Morton Grove will bean early voting site for the November election. Early voting will take place between October 13 and October 30; after that, people can go to the Clerk's office downtown and register and vote all at once. 2. Also Clerk Fritzshall stated 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 dh Wednesday evenings from 7:00 p:m. td 9`00 p m. during the month of Septem- ber. 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. Anyone who will be age 18 by November 4`" (Election Day) can register to vote. IX. A. Village Administrator Mr. Wade had no report. B. Corporation Counsel: STAFF REPORTS Ms. Liston had no report. Minutes of Se" mber8; 2008 Board Meetiif X. A. Trustee Brunner: C. TRUSTEES'REPORTS Trustee Brunner had no formal report, but announced that there would be a Document Shredding event at the Civic Center on Saturday, September 20, 2008 between 9 a.m. and 11 a. m. This is free of charge and is for all sensitive documents, such as bank statements and prior years' tax returns. She also said that she would be attending the Solid Waste Agency of Northern Cook County (SWANCC)'s Board meeting this coming Wednesday. SWANCC has a new contract with Groot. She said she'd have a report on the recycling incentive program to present at the next Board meeting. Trustee Kogstad: Trustee Kogstad had no report. TRUSTEES' REPORTS (continued) Trustee Marcus: Trustee Marcus had no formal report, but as liaison to the Chamber of Commerce, announced that, on September 10, the Chamber would be celebrating "Chamber of Commerce Week" with a "Business After Hours" event at the Historical Society from 5 p.m. to 7 p.m. Also, the Chamber's annual golf outing will be held on September 17 at the Chevy Chase Golf Club in Wheeling. For more information or tickets, or to become a sponsor, call the Chamber at (847) 965-0330. Trustee Marcus said the Chamber is a very important part of the Morton Grove community, and he encouraged residents to support the Chamber and its members. D. Trustee Minx: Trustee Minx presented for a first reading Ordinance 08-39, Granting a Special Use Permit in the Village of Morton Grove for Property Located at 9398 Mansfield for a Commercial Wireless Antenna Installation. This is pursuant to Plan Commission Case PC 08-04 heard earlier this evening. This ordinance would grant the Special Use Permit as recommended by the Plan Commission. There were no questions or comments from the Board. 2. Trustee Minx next presented Resolution 08-52, Authorizing the Negotiation of a Redevelopment Agreement Between the Village of Morton Grove, Castle Honda, and Produce World for the Vacation and Relocation of Puhlic Rights-of-Way to Promote Economic Growth. Trustee Minx said that, before she read the Resolution, Joe Wade had some comments and a presentation. Minutes of September 8,2008 $pard Meeting X. TRUSTEES' REPORTS (continued) D. Trustee Minx: (continued) Mr. Wade said that tonight the Board will have a chance to discuss an important economic redevelopment possibility, one which would assist, strengthen and retain two local businesses, Produce World and Castle Honda. Through apublic/private partnership, the Village is propos- ing relocating Produce World from their existing location to the location occupied by Rivals. The Village would then "move' Churchill 110 feet to the south (roughly about two house lots). There would be no change to New England Avenue. Produce World has less than 9,000 feet now. For their new facility, they are proposing building a store with 20,000 feet including 5,000 feet of commercial space for new tenants. Castle Honda wants to increase its showroom and sales offices. Castle is among the top 40 Honda dealers in the U.S. The proposal would be for the Village to vacate the alley to allow Castle to have a greater presence on Waukegan Road. Tonight's discussion is the beginning of this effort; the Board would have to consider the two actions (vacating the alley and moving Churchill} and everything would have to go through the Procedural Control process (Appearance Commission, Traffic Safety Commission, and Plan Commission}. The Village will then be able to come up with a development plan for the northwest corner of Waukegan Road, the current location of Produce World. Mr. Wade then asked Economic & Community Development Director Bill Neuendorf to provide more detail. Mr. Neuendorf showed a PowerPoint presentation showing visually the current locations of Produce World, Castle Honda, Rivals, Churchill, and the alley; and showing the proposed changes and how those properties would Zook if the changes were approved. He indicated that Churchill was graded "poor" as a street two years ago. Relocating Churchill will not only benefit both businesses, it will benefit the Village because the Village will get a new street to replace a failing one. It would eliminate the Village's cost to repair the street and the cost of the new street would be split between the Village, Produce World, and Castle Honda. Relocating Churchill will also present a more attractive route to the Park District recreation fields. This proposed redevelopment will provide increased sales and property taxes, increased TIF revenue (as a portion of this area is in the Waukegan Road TIF), and will open up a prime corner spot for redevelopment. Should the Village find this concept acceptable, the next steps would be to do some preliminary engineering and get some cost estimates, to negotiate a formal redevelopment agreement, and to begin the Procedural Control process so that construction could hopefully begin in the spring of 2009. Trustee Minx then read the Resolution for the record. She moved, seconded by Trustee Brunner, to approve Resolution 08-52. Trustee Staackmann asked Mr. Neuendorf to identify which properties were in the TIF and which were not. Mr. Neuendorf said that, in this portion of the Waukegan Road TIF, the boundaries zig-zag, so the Rivals property and its parking lot and the single-family home behind Rivals is in the TIF, but the Castle Honda parking lot is not. The Produce World parking lot is in the TIF, but the actual store is not. Trustee Thill asked if TIF dollars could be used to rebuild Churchill. Mr. Neuendorf said they could, and that was a benefit, because General Funds wouldn't be used, rather, TIF funds would. Trustee Staackmann wondered if that was true even if Churchill was not in the TIF. Minutes of September 8, 2008 Boartl Meeting, X. D. Trustee Minx: (continued) TRUSTEES' REPORTS (continued) Mr. Neuendorf said that State TIF law would allow the building of a public facility (a street) because it's immediately adjacent to a TIF and would serve the TIF. Trustee Kogstad asked if the trustees could get a map with the TIF boundaries shown on it. He asked if the new proposed street would lead to the Park District. Mr. Neuendorf said yes, drivers could take Churchill from Waukegan and would then go left and into the Park District's parking lot or they could go right and go around and in. Trustee Kogstad asked what was considered Park District property. Mr. Neuendorf said everything east of New England. He said that no Park District property is affected by this proposal, only private property and public streets. Mayor Krier commented that Administrator Wade had gone to a recent Park Board meeting to explain the proposal to them, as a courtesy. Trustee Staackmann said it was good that the proposal would go before the Traffic Safety Commission, because he could envision it becoming athrough-way, with people with leaving the grocery store and using the Park District's driveway to cut through to catch the light at Dempster, since there is no light at New England. Trustee Kogstad clarified that the action the Board is taking tonight is just agreeing to enter into discussions. Corporation Counsel Liston agreed and said this resolution is not authorizing any expenditure or binding the Village to an agreement. It's basically to show these two businesses that the Corporate Authorities support this proposed redevelopment agreement. Mr. Neuendorf said that the business owners were looking fora "positive sign" from the Village that this concept is worth exploring; they don't want to go too far if they don't get a general "thumbs up" at this point. Trustee Kogstad said that, in the resolution, there's language regarding distribution of construction costs (as Mr. Neuendorf referenced, splitting the cost of rebuilding the road between the Village, Castle Honda, and Produce World). The language states thatthe Village will "front fund" the costs and get reimbursed over a multiple year period. Trustee Kogstad asked if the Village wasn't negotiating away some of its bargaining power by having this language included in this resolution. Mr. Neuendorf said that, in a way, it shows the direction in which the Village is heading. It's a matter of how much the businesses can actually finance; they feel they can only finance so much. Their initial plan was slightly less ambitious than this one; the Village encouraged them to think bigger in order to get a bigger project for the community. The provisions in the resolution are the general direction that the business owners and Village can live with. Ms. Liston said that voting on this resolution is voting on the concept, not the details. She felt Trustee Kogstad's comments would be more pertinent when there's a negotiated agreement for the Board's approval. This resolution is not binding the Village to anything. Trustee Kogstad felt that that should be stated, because the wording in the resolution could be misleading to the businesses. Ms. Liston said that Trustee Kogstad's comments were being heard by the businesses so that should allay any confusion. Trustee Marcus concurred that it's important for the Board to make a statement of support, and personally thanked the two businesses for staying and expanding in the community; it shows a positive attitude. Minutes of Se temtiet 8; 2008 Boa~tl Meetin X. D. Trustee Minx: (continued) TRUSTEES' REPORTS (continued) Trustee Marcus felt it's the Board's role to be as incentive-oriented to the community as possible; he wanted to be clear that this is just supporting a concept. All the elements necessary to bring the project to fruition still need to go through the Village's procedural control process before coming to the Board for final approval. Trustee Staackmann said he fully supports this project but the final outcome of cost will occur after the traffic and design costs. Ms. Liston said this resolution is akin to a letter of intent; nothing is binding until a formal agreement is negotiated. Trustee Brunner said she echoed Trustee Marcus in thanking the businesses for coming up with this plan-they've always been good citizens and good neighbors. She hoped they would negotiate in good faith with the Village. Mayor Krier explained that this came about because he happened to bump into representa- tives from Produce World who had come to Village Hall to talk to Building Commissioner Hildebrandt about possibly buying Rivals. Mayor Krier quickly called Joe Wade and Bill Neuendorf and they discussed it, recalling that Castle Honda had also earlier expressed an interest in expanding. Finally all parties sat down and put this proposal together. Mayor Krier said, in his opinion, the Village can't afford NOT to do this. It's awin-win for everyone; having a new road that you only have to pay one-third of is a good deal. He thanked the staff and the businesses for all their efforts to date. Trustee Minx added her support and noted that the Mayor had come to the Board about this and was being very proactive about keeping these great businesses here. Upon the vote, the motion passed: 6 ayes, 0 nays. Tr. Brunner ~e Tr. Kogstad aye Tr. Marcus afire Tr. Minz ~ Tr. Staackmann ~ Tr. Thill afire 3. Trustee Minx then presented Resolution 08-54, Authorization to Execute an Agreement with Ciorba Group, Inc. For the Churchill Street Relocation Project and to Reallocate Expenditures in the 2008 Budget of the Waukegan Road Tax Increment Financing (TIF) Redevelopment District. She explained that this resolution will authorize the Village to enter into a contract with Ciorba Group, Inc., a professional engineering firm, to prepare. plans, specifications, cost estimates, and other services related to the vacation of public alleys and the relocation of Churchill Street between Waukegan and New England. It also modifies the 2008 Waukegan Road TIF District budget to account for these previously unanticipated professional services. The owners of Produce World and Castle Honda intend to make substantial investments in the Village in 2009. These projects can be improved by the vacation of unused public alleys and the relocation of a public street. The design of these public improvements must be prepared properly so as to avoid hindering the construction of these private investments. The cost of this is not to exceed $25,159. Trustee Minx moved, seconded by Trustee Brunner, to approve Resolution 08-54. Minutes of September 8; 2008 8eartl Meeting X. D. Trustee Minx: (continued) TRUSTEES' REPORTS (continued) Trustee Kogstad asked Mr. Neuendorf if this amount ($25,159) was being added to the original contract amount. He replied that the Village has several active contracts with Ciorba Group; this resolution is more like a specific task order. This is in addition to any other work Ciorba has going on in the Village. Ms. Liston added that, in 2005, the Village went through an extensive Request for Qualifications so that it could designate an engineering firm, so that when projects like this came up, it wouldn't have to go through a Request for Qualifications. So this is confirming that the Village has already vetted Ciorba Group. Upon the vote, the motion Tr. Brunner ~e Tr. Minx aye passed: 6 ayes, 0 nays. Tr. Kogstad a~ Tr. Staackmann aye Tr. Marcus Tr. Thill 4. Lastly, Trustee Minx brought up Resolution OS-53, Authorizing the Application to the Office of the Governor for an Allocation of 2008 Private Activity Bond Volume Cap for Bonds to be Issued by the Illinois Finance Authority for a Project for Regis Technologies, Inc., and a Reallocation of 2008 Private Activity Bond Volume Cap So Received to Illinois Finance Authority. She explained that this was mistakenly listed as an ordinance on tonight's Agenda. E. Each year, the State authorizes municipalities to allocate private activity bonds. The Village has no cost or obligation with respect to these bonds, but can request the bonds be used by local companies to create jobs or improve their facilities. If the Village chooses to reallocate this bond cap, it must typically do so by May 1, 2008. The Village wasn't aware of any private activities requiring the bond cap and therefore did not reserve its 2008 allocation. Subsequently, Regis Technologies informed the Village that it was undertaking a $12 million dollar expansion of its existing facility. This resolution authorizes the Village to apply for a reallocation of its bond cap to the Illinois Finance Authority to finance the cost of Regis. Techndldgies' improvemehts. Tr. Brunner afire Tr. Kogstad a~~e Tr. Marcus ave Tr. Minx aye Tr. Staackmann ~? Tr. Thill Trustee Minx moved to approve Resolution 08-53, seconded by Trustee Thill. There was no further discussion. Motion passed: 6 ayes, 0 nays. Trustee Staackmann: Trustee Staackmann presented Ordinance 08-33, Amending Title 10, Chapter 3, Entitled "Plumbing Regulations" of the Municipal Code of the Village of Morton Grove. This is the second reading of this ordinance. Trustee Staackmann explained that this ordinance will update the plumbing regulations and coordinate those regulations with the 2004 Illinois State Plumbing Code with a few minor exceptions. Minutes of September 8,2e088oartl.Meeting. X. E. 2. TRUSTEES' REPORTS (continued) Trustee Staackmann: (continued) Trustee Staackmann moved to adopt Ordinance 08-33, seconded by Trustee Minx. Motion passed: 6 ayes, 0 nays. Tr. Brunner ~e Tr. Kogstad ~ Tr. Marcus Tr. Minx aye Tr. Staackmann ~ Tr. Thill Trustee Thill thanked the Building Department for nine pages of updates; he said "they really did their homework!" Trustee Staackmann then presented Resolution 08-50, Authorization to Execute a Con- tract with Top Notch Painting, Inc. for Exterior Painting at 6101 Capulina Avenue. He explained that it has been approximately 15 years since the exterior of the building was last painted. Painting the exterior has been deferred the last few years due to budget considerations; however, it is now at the point where any further delays could result in costly wood replacement. Eleven contractors bid on this job and the low bidder is Top Notch Painting, Inc. of Morton Grove in the amount of $9,600. Trustee Staackmann moved to approve Resolution 08-50, seconded by Trustee Thill. Trustee Brunner noted that the bids ranged widely in price from $9,600 to $47,875. She wondered why. Building Commissioner Hildebrandt said that he was surprised too, and felt that the companies bidding on this work were reading more into it that what was there. He said that he had worked closely with Trustee Thill (a painting contractor) on putting the bid specifications together. They found a product through Sherwin Williams stores that requires minimal priming. The product itself costs a little more, but it will cut the labor of priming in half. Mr Hildebrandt felt that some of the bidding companies may not have been familiar with this product, thus the wide range of prices. Trustee Brunner asked if this company is reputable and will do a decent job. Mc Hildebrandt answered yes. Trustee Marcus asked if the difference in prices could be attributed to the amount of priming that some companies thought they'd have to do. Mr. Hildebrandt said yes, and some were bidding on replacing stucco instead of painting over it. Trustee Marcus asked Trustee Thill if that would account for the pricing differences.. Trustee Thill said, in some part, yes, but also, some companies were stating that they were going to use hydraulic lifts, which are very expensive. This company is going to use ladders and planks. Trustee Marcus said he was glad that a local company won this contract. Upon the vote, the motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad aye Tr. Marcus a rLe Tr. Minx afire Tr. Staackmann aye Tr. Thill afire Trustee Thill Trustee Thill presented Ordinance 08-34, Authorization to Install Parking Restrictions on Morton Avenue .Between Lincoln Avenue and South Park Avenue Within the Village of Morton Grove. Minutes of Se tem6e~ 8.2008 Board Meetin X. F. Trustee Thill: (continued) TRUSTEES' REPORTS (continued) This is the second reading of this ordinance. He explained that a request was presented to the Traffic Safety Commission for parking restrictions on Morton Avenue between Lincoln and South Park to alleviate commuter parking congestion on this street. Trustee Thill moved, seconded by Trustee Minx, to adopt Ordinance 08-34. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad a~ Tr. Marcus ave Tr. Minx afire Tr. Staackmann afire Tr. Thill aye Z Next, Trustee Thill presented Ordinance 08-35, Authorization to Install Parking Restrictions on Caltie Avenue Between Capuiina Avenue and Dempster Street Vifithin the Village of Morton Grove. This is the second reading of this ordinance. He explained that a request was presented to the Traffic Safety Commission for parking restrictions on Caltie Avenue between Capulina and Dempster to alleviate commuter parking congestion on this street. The Commission recommended Zone 11 parking restrictions be implemented. Trustee Thill moved, seconded by Trustee Marcus, to adopt Ordinance 08-35. Motion passed: 6 ayes, 0 nays. Tr. Brunner 1r? Tr. Kogstad aye Tr. Marcus aye Tr. Minx aye Tr. Staackmann aye Tr. Thill ave Trustee Thill thenpresented Ordinance 08-37, Authorization to Install Parking Restrictions on Grove Street Between Morton and Austin Avenues Within the Village of Morton Grove. This is the second reading of this ordinance. He explained that a request was presented to the Traffic Safety Commission for parking restrictions on Grove Street between Morton and Austin to alleviate commuter parking congestion on this street. The Commission recommended Zone 11 parking restrictions be implemented. Trustee Thill moved, seconded by Trustee Marcus, to adopt Ordinance 08-37. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad awe Tr. Marcus afire Tr. Minx afire Tr. Staackmann .awe Tr. Thill ~? Trustee Minx noted that she resides in this area, but has no vested interest in this matter. to X. TRUSTEES' REPORTS (continued) Trustee Thill: (continued) 4. Trustee Thill then brought forward Ordinance 08-38, Amending Village Code Section 5.13E-4 to Provide for the Regulated Distribution of Parking Permits by the Village Administrator. This is the second reading of this ordinance. He explained that the Village currently has restricted parking on various streets throughout the Village, where parking permits are distributed to residents who reside on the affected streets. However, it has been brought to the Village's attention that parking restrictions on these streets may cause an unintentional burden to other nearby residents that may park on those streets. This ordinance would give the Village Administrator regulated authority to provide parking permits to those area residents who demonstrate to the Administrator's satisfaction special circumstances which warrant the receipt of a zone parking permit. Trustee Thill moved to adopt Ordinance OS-38, seconded by Trustee Bruriner. Trustee Marcus said that there were some concerns expressed at the last meeting as to guidelines on this matter. Mr. Wade said he had spoken with Ryan Gillingham, the Village Engineer about this. There are two stipulations in the ordinance: one is that the applicant must be within 500 feet of existing parking restrictions, the other is that it must be need-based circumstances and by petition of the resident. Trustee Minx noted that, with zoned parking, residents have to renew their zone parking stickers annually. She asked if these "special circumstance" zoned parking stickers would also need to be renewed annually. Mr. Wade responded that they would. Upon the vote, the motion passed: 6 ayes, 0 nays. Tr. Brunner a~~e Tr. Kogstad aye Tr. Marcus Tr. Minx a~ Tr. Staackmann a~~e Tr. Thill Trustee Thill lastly presented Resolution 08-51, Authorizing the Annual Veterans Day Parade. He explained that this resolution is required by the Illinois Department of Transportation to request the closure of Dempster Street for the parade, which will be held this year on Sunday, November 9, from 1:00 p. m. to 3:00 p.m. Dempster will be closed from Fernald to Austin for the parade. Trustee Thill moved, seconded by Trustee Brunner, to approve Resolution 08-51. Motion passed: 6 ayes, 0 nays. Tr. Brunner afire Tr. Kogstad ~ Tr. Marcus Tr. Minx ~ Tr. Staackmann aye Tr. Thill aye it Minotesbf September B; 20066oard Meeting'. XI. XII. OTHER BUSINESS Trustee Thill urged everyone to recycle! The more residents recycle, the more dollars the Village will get back from SWANCC. Trustee Kostad reiterated his desire to have Chief Tasch's email attached to this evening's Minutes. Trustee Brunner wanted to clarify handicapped parking; if someone has a handicapped park- ing sign designated in front of their house, it's not just for them, it's for anyone who has a handicapped tag or license plates. Her understanding was that Corporation Counsel was go- ing to get some information that the Board could pass on to the Traffic Safety Commission. Ms. Liston said she thought the question was whether or not someone can have a particular handicapped sign in front of someone's house be reserved for a particular person. Right now, the Village's ordinance and State statute says you can petition to have a handicapped space put in front of a house, but ±hat's not for a particular handicapped vehicle or person, it's for any handicapped person or vehicle. Ms. Liston said that she did research this, and found that, as a home rule community, the Village has the right to pass an ordinance to allow specific signs to be designated for specific vehicles. However, she was concerned that, shouldthe Village do this, there might be some implementation and some enforcement problems. She said she could draft an amendment to the Village's code that would allow fora "higher level" of reserva- tion; i.e., a sign in front of someone's house saying, "This space is reserved for handicapped sticker #XXXXX." There would also then have to be some discussions on how to enforce it. Mayor Krier said he didn't see a need for that right now; it basically granted private parking spaces. That could make one person happy, but others angry. Trustee Brunner pointed out that, if a person is handicapped and can't walk, and that person petitions the Village and pays to have the signage put up in front of their house, they will have the expectation that they are allowed to park in that space. Mayor Krier said he knew that there are people who need it, but he did not feel the Village should become the "handicapped police". He said everyone's seen people who park in handicapped spaces at grocery stores, etc. and they're walking just fine: Trustee Brunner said that she'stalking about someonewho petitions the Village for a handicapped space and the Village makes the determination that it's needed. She said that's different than having designated spaces at the grocery store where people can randomly park because it's public parking. She said she's passionate about this because she's had handicapped people living in her home. Mayor Krier asked if the Village is going to set the criteria for that. Trustee Brunner said she thought the Village already did set the criteria, but asked Mr. Wade, "What is the process?" Corporation Counsel Liston said that she would work with Chief Tasch to get more information for the Board on the process and enforcement. WARRANTS Trustee Minx presented the Warrant Register for September 8, 2008, in the amount of $250,501.63. She moved to approve the Warrants, seconded by Trustee Thill. Trustee Minx noted that, on page 2, there's a line item for Biltmore Commercial Refrigeration, and two invoices for "cooler repair at Civic Center" are listed. She wondered why. tz Minutes tifSe temberff, 2006 Boats Meetid XII. XIII. WARRANTS (continued) Assistant Finance Director Ryan Horn said he would find out. Trustee Minx also noted two invoices on page 3 payable to Chicago Communication Systems for "security camera repair". Mr. Horn said he'd find out about those as well. Trustee Minx said, regarding an item on page 11 for "refunds of Metra cards", that she had understood that the problem had been corrected. She wondered why this was still showing up on the Warrants. Mr. Horn said that it's basically an ongoing education process of training commuters on how to use the machines properly, so some small mistakes keep happening, hence the refunds. Trustee Minx asked, regarding an item on page 13, payment to Sikich through April 30, 2008, why two different amounts were shown. Mr. Horn said that 80% of the payment was coming out of the General Fund and 20% from the Water Fund. Trustee Staackmann noted a payment to Inland Bank, formerly Cambridge Bank, of $100,705 for "Lehigh-Ferris TIF property'. He wondered what that was. Mr. Horn said that this was a final payment for the purchase of property. Trustee Staackmann asked if it was for the properties fronting Ferris. Mr. Neuendorf said it was either that or the commercial building formerly at Narragansett and Henning. Trustee Staackmann asked about a $29,000 payment to S.B. Friedman and Associates for "framework planning". Mr. Neuendorf said the framework plan is ongoing, but the Board will have it soon. This bill is an installment payment for their work done December 2007 through June of 2008. Trustee Marcus asked if it was typical for a company to wait six months before billing the Village. Mr. Neuendorf said he thought the delay was due in some part to a personnel transition at S.B. Friedman, but acknowledged that they do bill rather sporadically, depending on the amount of work they're doing for the Village at the time. Mayor Krier called forthe vote on the Warrants. Motion passed: 6 ayes, O nays. Tr. Brunner a~~e Tr. Kogstad aye Tr. Marcus aye Tr. Minx aye Tr. Staackmann a~~e Tr. Thill awe RESIDENTS' COMMENTS a. Jim Olson. Mr. Olson is a contractor who's working with a resident on the properly at 8501 School Street. He wanted to know how to amend existing zoning on his property. The zoning on that property dates back to 1959. Mayor Krier asked if he's spoken with Mr. Hildebrandt. He said he has, and the property does not allow provisions for variance. It's on a completely residential street with commercial on one street. It's anon-inhabitable living space that the resident would like to turn into a garage, a storage shed, or a screen room. Mayor Krier said that Corporation Counsel would talk to him after the meeting about the process for amending the code. Mr. Olson asked, "Since there are no provisions to allow for a variance on this specific property as it is currently zoned, how does that zoning get amended?" Mayor Krier asked Mr. Hildebrandt if he could shed some light on this. Mr. Hildebrandt said that the property in question at the corner of School and Lincoln is in a commercial zone. It's a residential non-conforming use. (t's been reconfirmed in the Village's Comprehensive Plan that both sides of Lincoln Avenue from the railroad tracks to the 13 Minutes of Se tember H; 2008 Board Meetin XII: RESIDENTS' COMMENTS (continued) expressway are a commercial zone. On the north side of Lincoln, five or six years ago, the zoning was changed from a B-2 to a CR district. In the current zoning ordinance, there is no provision that allows non-conforming land use to go before the zoning board to ask for any zoning relief, the idea being that the property is to be redeveloped in the proper zone. In this case, the contractor applied for a building permit to build a 12x16 screened-in room at the back of the building. That was determined to bean expansion of the residential use. Mr. Hildebrandt then sent the contractor a letter explaining that he could not issue a building permit for that and explained why. Last week, one of the Village's inspectors noted that the contractor has begun working on this without a permit. The project was then stopped. The contractor did not pour a foundation; rather, he just poured concrete, more like a patio, which would be allowable. Mayor Krier told Mr. Olson to get together with Corporation Counsel after the meeting regarding this. b. Ray Frenzic. Mr. Frenzic, an 8-year resident, had come to the Board meeting about a month ago to discuss the flooding situation at Lake Street northwest of Dempster and Harlem. He said he had visited the engineering department and wasn't happy. The sewer system in that area is failing. Residents are pumping storm water into the sanitary sewer, which makes the sanitary sewer back up and flood houses. He wanted to know why in the world the Village would allow a dual system. Mr. Frenzic claimed there was over 65 inches of sludge in the storm sewers because they hadn't been cleaned in 8 years, which he said was "totally unacceptable" and "absurd". He said that the 18" sewer was inadequate, noting that, if he flooded again, he would bring a bill for his damages to the Village. Mayor Krier asked Director of Public Works Andy DeMonte to respond. Mr. DeMonte said he remembered Mr. Frenzic from his last appearance before the Board. He said he'd like to come to Mr. Frenzies house with several members of the Water Department crew. He said it's true that it's a separated sewer system, but untrue that the sewers haven't been cleaned in 8 years. Mr. DeMonte said that it is illegal for residents to have sump pumps pushing water into the storm sewer system. He said portions of the town are inspected annually for illegal sump pump connection, and when any illegal connections are found, residents must disconnect them: He said ittakesaboutfdurgears to inspect the whole town, as it is divided into quadrants which are inspected annually on a rotational basis. Mayor Krier asked Mr. DeMonte to go to this gentleman's house and find out what the problem is. Eric Poders. Mr. Poders said he had made some comments at a previous meeting about parking restrictions becoming adisease-once the Village starts implementing parking restrictions, they just keep growing. He hoped the Board could take the necessary steps to put in additional parking at the train station. He also wanted to comment on the proposed Produce World !Castle Honda redevelopment. He wondered if the engineering costs would be broken down. He was concerned about the dilapidated condition of U-Haul. He wondered what would be going into the Produce World site once the store moved; what are the plans from Greenwood to Dempster. He mentioned that the demographics and population of the Village are changing, and hoped there would be a larger shopping center on that side of the street to create a whole new dynamic in the Village. He hoped there would be more open meetings in the future, similar to the Dempster Street meeting this past summer, where residents. could come to express their opinions and provide input. 14 Minutes of Se tember a, 2008 Boats Meetin XII. RESIDENTS' COMMENTS (continued) Mayor Krier said the big thing is the property owners, and the Village has demonstrated to- night that it works with property owners. There is already interest in the Produce World spot, and the Village is always interested in bringing something in that would benefit the town. XIV. ADJOURNMENTlEXECUTIVE SESSION There being no further business, Trustee Minx moved to adjourn to Executive Session to discuss personnel, labor negotiations, and real estate. The motion was seconded by Trustee Marcus. Motion passed: 6 ayes, 0 nays. Tr. Brunner ~ Tr. Kogstad aye Tr. Marcus aye Tr. Minx aye Tr. Staackmann aye Tr. Thill aye The meeting adjourned to Executive Session at 9:13 p.m. Mayor Krier called the Executive Session to order at 5:27 p.m. h attendance were PJtayor Krier, Clerk Fritzshall, Trustees Brunner, Kogstad, Marcus, Minx, Staackmann, and Thill, as well as Village Administrator Wade, Corporation Counsel Liston, and Community and Economic Development Director Neuendorf. There being no further business, Trustee Minx moved to adjourn the Executive Session, seconded by Trustee Marcus. The motion passed unanimously via voice vote. The Executive Session adjourned at 9:56 p.m. Trustee Minx then moved to adjourn the regular Board Meeting, seconded by Trustee Marcus. The motion passed unanimously via voice vote. The Board Meeting adjourned at 9:57 p.m. i5 Minutes of Septemtieh B, 2008 Hoard Meeting PASSED this 22nd day of September, 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 22nd day of September, 2008. Richard Krier, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 23rd day of September, 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Minutes by.'e:esa Cousar 1G Minutes of September 8, 2DOSBoartl Meeting ATTACHMENT Chief Tasch's email, as requested by Trustee Kogstad: From: Paul Tasch Sent: Wednesday, August 27, 2008 9:07 AM To: Rick Krier ;Dan Staackmann ; Georgianne Brunner; John C. Thill; Rita Minx ;Roy Kogstad; Shel Marcus; Shel Marcus (smarcus@mortongroveil.org) ~° Cc: Joe Wade; Terry Liston; Daniels Partipilo ;Carol Fritzshall Subject: Trustee Kogstad's request Trustee Kogstad requested this information at the Village Board Meeting on Monday, 25 August 2008. These are the quotes for the Digital Voice Logger. It was our opinion that Word Systems, the losest bidder, would be capable of supply- ing the equipment needed and pertorming the services required. If there are any questions please give me a call. Replay Systems $ 17,927.00 T!C $ 13,440.00 Word Systems $ 12.837.00 Thanks, Paul L. Tasch, Jr. Chief of Police Village of Morton Grove, Illinois (847) 663-3801 ptasch@mortongroveil. org 17 i ~~0~ ~.~~~ iDl~ WHEREAS, the Village of Morton Grove is committed to ensuring the safety and security of all those living ni and visiting our community; and WHEREAS, fire is a serious public safety concern both locally and nationally, anal homes are the locations where people are at greatest risk from fire; and WHEREAS, home fires killed more than 2,500 people in the United States in ?006, and fire deparanerts in the United States responded to nearly 400,000 home fires; and WHEREAS, Morton Grove's first responders are dedicated to reducing the occurrence of home fires anal home fire injuries through prevention and protection education; and WHEREAS, Morton Grove's residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; and WHEREAS, residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS, the 2008 Fire Prevention Week theme, "It's Fire Prevention Week -Prevent Home Fires!" effectively serves to remind us all of the simple actions we can cake to stay safer from fire during Fire Prevention Week and year-round. THEREFORE, I, Richard Krier, Mayor of the Village of Morton Grove, do hereby proclaim October 5-11, 2008 as FIRE PREVENTION WEEK throughout this Village, and I urge all ehe people of Morton Grove to protect their homes and families by heeding the important safety messages of Pile Prevention Week 2008, and to support the many public safety activities and. efforts of Morton Grove's fire and emergency services. In witness hereof, I have hereunto set my hand and caused to be affixed the seal of the Village of Morton Grove. Richard Krier, Mayor Ordinance OS-39 ANT ORDINANCE GRANTING A SPECIAL USE PERMIT IN THE VILLAGE OF MORTON GROVE FOR PROPERTY LOCATED AT 9398 MANSFIELD AVENUE FOR A COMMERCIAL WIRELESS ANTENNA INSTALLATION ntroduced: Synopsis: Purpose: Background: Programs, Depts. Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: espectfully submitted: September 8, 2008 This ordinance will approve a special use permit to construct a commercial wireless antenna installation on an existing Commonwealth Edison transmission tower at 9398 Mansfield Avenue for Cricket Communications. Commercial wireless antenna installations az•e allowed only as special uses, above a certain height. Powder River, as agents for Denali Specri-um operations dba Cricket Communications requested a special use permit to construct a commercial wireless antenna installation on .the existing Commonwealth Edison transmission tower located at 9398 Mansfield 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 mamier 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 two public hearings on this matter on July 21, 2008 and August 18, 2008, and the applicant answered various concerns of the Plan Commission, and the public. After the public hearings, the Plan Commission recommended approval of the request for the special use permit by a unanimous vote. Building and Inspectional Services; Village Plazlner; Village Engineer NIA N/A The special use application was processed by the Building Commissioner, Village Engineer, and Village Plaimer pursuant to their normal course of business. Approval as presented. September 8, 2008, Required None Village Adminisfrator Prepared by:_~~ -~f +~'~,%Pl~ ,---.._ Teresa ~-Ioffpia •°~ r fon, Corporarion Counsel Reviewed bx~ -'"~~ '~ /" -d it ebrandt, Building Commissia~er ORDINANCE 08-39 AN ORDINANCE GRANTING A SPECIAL USE PERMIT IN THE VILLAGE OF MORTON GROVE FOR PROPERTY LOCATED AT 9398 MANSFIELD AVENUE FOR A COMMERCIAL WIRELESS ANTENNA INSTALLATION WHEREAS, the Village of Morton Grove (Village), ]ocated in Cook County, Illinois, is a Home Rule unit of goverxvnent and under the provisions of Article 7 of the 1970 Constitution of the State of Illinois and can exercise any power and perform any function pertaining to its govenunental affairs, including but not limited to, the power to tax and incur debt; and WHEREAS, the applicant, Powder River, agent for Denali Spectrum operations dba Cricket Communications, 2223 Peach Tree Lane, Northbrook, IL 60062, has made a proper application to the Plan Commission in the Village of Morton Grove under Plan Commission Case No. PC08-04 requesting a Special Use Permit for 9398 Mansfield Avenue to conshvet a commercial wireless antenna installation on an existing Cominonwealth Edison transmission tower; and WHEREAS, said property is zoned and c]assified 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 July 3,.2008 acid July 31, 2008, and upon the posting of a sign on the property and upon notice sent to property owners within two hundred fifty (250) feet of the subject property, pursuant to applicable law, the Morton Grove Plan Commission held public hearings relative to the above referenced case on July 21, 2008 and August 18, 2008, at which time all interested and concerned parties were given an opportunity tobe 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 September 8, 2008, a copy of which is attached hereto as Exhibit "A" and made a part hereof; and WHEREAS, Section 332(c)('7) the Federal Telecommunications Act of 1996 prohibits the local govermnents from regulating commercial wireless antemia facilities based on the environmental effects of Radio Frequency (RF) emissions; as the F.C.C. has the exclusivejurisdiction to regulate such facilities based on RF emissions; and WHEREAS, the Corporate Authorities have considered this matter at a Public Hearing and find pursuant to the relevant provisions of the Village of Morton Grove Unified Development Code, the proposed Special Use Permit complies with Village Ordinances and specific evidence was presented to establish granting the permit would not cause substantial injury to the value of the other properties in the neighborhood in which it is located; and WHEREAS, pursuant to the provisions of the Village of Morton Grave 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 flus Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth: SECTION 2: The property commonly known as 9398 Mansfield Avenue, Morton Grove, Illinois, is hereby granted a special use permit to allow for the construction of a commercial wireless antenna installation on an existing Commonwealth Edison transmission tower subject to the following conditions: 1. The proposed installation be constructed in accordance with the site plan dated March 14, 2008, but a "grasscrete" turnaround be added at the end of the driveway, subject to the review and approval of the Building Department, prior to obtaining a building permit; 2. The proposed installation be constructed in accordance with the proposed elevation dated March 14, 2008; 3. Tlie equipment be screened wit]r ari eight-foot high wooden fence and five mission arborvitae each on the north and south sides of the equipment shelter; and 4. All other pertinent Village Codes and Ordinances be met. SECTION 3: The special use is granted for so long as the occupant acid the users of this property utilize the area for the purposes as herein designated. SECTION 4: The Village Clerk is hereby authorized azid 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: Tlus ordinance shall be in full force acid effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 22"a day of September 2008. Trustee Brumier Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 22"d day of September 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 23~d day of September 2008. Carol' A. Pritzshall, Village Clerk Village of Moilon Grove Cook County, Illinois legisbrdApe 08-04, 9398 Mansfield ~ ~~e ~]I ~YL~ ~:® ISSE68E ~~a~~~ ~c~ei~, of ~'s~sga~s September 8, 2008 Village President Members of the Village Boat-d 6101 Capulina Avenue Morton Grove, Illinois 60053 Dear President Krier and Members of the Village Board: On July 21, 2008, and August 18, 2008, a public hearii7g was conducted by the Morton Grove Plan Commission after notification being published on July 3, 2008, and July 31, 2008, in The Champion newspaper, a sign posted on flee property and written notification sent to property owners within 250 feet of the subject property as required by ordinance, regarding: Plan Commission Case PC 08-04, wherein the applicant, Powder River, agent for Denali Spectrum operations dba Crickat Communications, 2223 Peach Tree Lane, Northbroo]<, IL, 60062 requested a Special Lrse permit for a commercial wireless antezma installation on an existing CouzEd Transmission tower at 9398 Mansfield Avenue. Ms. Bonnie Jacobson, Planner, introduced the case for the Village. She indicated that there were not any sta#f/conirnission eoncerns regarding this case except for adding aturn-around for the service truck Staff also suggested the driveway be accessed off of Mansfield Avenue instead of Mannora Avenue since it is closer. The applicant did not appear a8 the initial hearing, and thus the case was contizmed to the following month. Despite the continuance, several residents spoke at the initial hearing, indicating their displeasure with the Mansfield Avenue driveway, instead preferring the Marmora Avenue accessway. Therefore, for the second hearing date,, the site plan was changed back to showing the access drive off of Mannora Avenue, as initially proposed by the applicant. The applicant, at the August 18, 2008, bearing was represented by Mr. Mark Layne. Mr. Layne took over for the person who was to present the case and apologized for no one attending the last hearing date. Ike noted that this installation is similar to other installations already ur the right-of--way, except that this tower is for a new provider, and is not an infill site. Mr. I,a}n1e presented the coverage area and the RP study required by the FCC. He added that the FCC sets safety guidelines for all radio broadcasts and licenses them. The proposed antenna frequencies are well be]ow the FCC maximum limits. Local authority regarding frequencies is pre-eznpt by the FCC. Mr. Layne did bring the RF engineer, Mr. Mike. Gitomer to answer specific technical questions. The local authority can regulate the aesthetics, and Mr. hayne presented a new site plaza that shows the access drive off of Mannora Avenue with a tum around. f'+. ~k).~. . ~ . ,'lir'. u1g°t` I'eF .iC'Jati .. .;, ~~^, ~. ~il C2?~7',xl.Zia :'>>/Ul.ue '4~J~. ~C.:? 2 ~~ -€'„ °iz: .. ~ . ,v1^ ryFe=~ .'=i: (84'%} 965-41 Gel ~ ~ ~r-~ ~> 4i f Ms. Beth Berman filed an appearance as an interested party. She thanked the Village for switching the access drive, but is still concerned about the frequency emissions. She knows -this is regulated by the FCC and has called Representative .Tan Schakowslcy's office. She had several questions of the RF engineer, to which Mr. Gitomer responded. Several concerned parties spoke regarding this case expressing their displeasure with the proposed tower. Many were concerned about the safety despite the testimony provided regarding the minimum frequency output and the fact that the Plan Commission cannot base their decision on such issues. In fact, some commission members noted that electromagnetic output fi-om ordinary power lines exceeds that from the proposed antezmas. A motion was made by Commissioner Gattoma and seconded by Commissioner Gabrie] to approve a Special LTSe Permit for-a Commercial Wireless Antenna Installation at the existing ComEd Towner at 9398 Mansfield Avenue, subject to the following conditions: 1. That the proposed installation be constructed in accordance with the site plan dated 3/14/08, but that a "grasscrete" turnaround be added at the end of the driveway, subject to the review and approval of the Building Department; prior to obtaining a building permit; 2. That the proposed installation be constructed in accordance with the proposed elevation dated 3/14/08; 3. That the equipment be screened with an eight-€oot high wooden fence and five mission arborvitae each on the north and south sides of the equipment shelter; and 4. That all other pertinent Village Codes and Ordinance be met. The motion passed: Yes - 6, No - Q Absent - 1. The Voting Chairman Farkas Yes Commissioner Dorgan Yes Commissioner Gabriel Yes Commissioner Gattoma Yes Commissioner Patel Absent Commissioner Roepenaclc Yes Commissioner Shimanslci Yes The "Findings of Fact" relative to the seven standards for Special ITses is attached. Carron Dev~Zm~i~ig~Plart Comm~pc08-04 report Findinus 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 the proposed antenna installation world not be injurious to t$e health, safety and welfare of the community. Despite complaints from neighboring residents regarding the safety of the eleetro-magnetic output, the Plan Cortunission felt comfortable that all FCC safety guidelines would be met. The Plan Commission is also pre-empted by the FCC from ruling on environmental issues. 2. Adjacent Properties -The Special Use should not be injurious fo the use and enjoyment of other property in the immediate vicinity for the uses permitted in the zoning district. • Baked on testimony and consensus from neighboring residents the access drive was changed from Mansfield to Mannora Avenue. This would have less impact on the neighboring properties. The proposed installation is on an existing ComEd transrnission tower and will not be injurious to the use and enjoyment of other property in the immediate vicinity for the uses permitted in the zoning district. 3. Orderly Development -The establishment of the Special Use will not impede normal and orderly development or impede the utilizafion of surrounding property for uses permitted in the zoning district. The proposed antenna installation is located on as existing utility tower and is located in an already developed area and thus will not impede orderly development. 4. Adequate Facilities -Adequate utilities, access roads, drainage gnd other necessary facilities are in existence or are 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 Co 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 Connnission's "no comment", the Plan Commission determined that there is no significant traffic impact fi~om the proposed antenna installation. By changing the access drive to Mannora Avenue, the service hock will not be affecting any traffic on Mansfield Avenue. 6. Adequate Buffering -Adequate fencing and/or screening shall be provided to ensure the right of enjoyment of surrounding properties Co provide for the public safety or to screen parking areas and other visually incompatible uses. The proposed installation will be sereenefl with a solid fence and landscaping from the adjacent neighbors per the approved site plaa7. The "grasscrete" driveway will also screen the access drive. 7. Conformance to Other Regulations -The Special Use shall, in all other respects, conform to applicable provisions of this Ordinance or amendments thereto. Variation from provisions. of this Ordinance, as provided for in Section 12-16-3A1, may be considered by the Plan Commission and the Village Board of Trustees as a part of the special use permit. • The proposed installation will be required to meet all pertinent Village codes and ordinances Comdev\zoning\plancom\pc08-04 findings of fact Legislative Summary Resolution 08 - 55 AUTHORIZATION TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CONSOER TOWNSEND ENVIRODYNE ENGINEERS, INC. (CTE) FOR THE WATER DISTRIBUTION STUDY Introduced: September 22, 2008 Synopsis: To authorize the Village President to execute a professional services agreement with Consoer Townsend Envirodyne Engineers, Inc. (CTE) for the Water Distribution Study Project. Purpose: To develop a hydraulic model of the Village's water distribution system in order to optimize operations of the existing system, and identify and prioritize future capital improvement projects. Background: The goal of this water distribution study is to analyze the Village's existing water distribution system in order to understand the historical and projected demands , optimize the operation of the existing system, make recommendations for capital improvements, and provide cost estimates for future projects. The last hydraulic study was performed in 1991. A Qualifications Based Selection Process was implemented to select the consultant. The Village received fen proposals for this work and interviewed the four highest ranking caisultants. Fran these proposals and interviews, Village staff recommends CTE based on (heir experience in performing this Type of work. Programs, Departments Programs-Capital hnprovement Program, Water and Sewer Enterprise Fund or Groups Affected Departments -Public Works Deparnnent Groups -All users of the water and sewer systems (' iseal Impact: The professional services agreeiiient is a cost-plus fixed fee contract for a value not-to- exceed $29,024. Source of Fundsi ~ The Village's source of the funds for this project is the Enterprise Fond. Workload Impact: ~ The Public Works Department will perform the management and implementation of this ~ program as part of their normal work activities. Administrator ~ Approval as presented. Recommendation: First Reading: Not Required Special Considerations or ~ None I2eq u i rem ents: Respectfully submitted: ~~ G~, ~~,~ - .los h F. ade, Village Administrator Prepared by: Reviewed by: Ryan C. Gillingham, Villaga Engineer Teresa Hoffman Liston, Corporation Counsel RESOLUTION 08-,5 AUTHORIZATION TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CONSOER TOWNSEND ENVIRODYNE ENGINEERS, INC. (CTE) FOR THE WATER DISTRIBUTION STUDY WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Vidiage distributes potable water.toresidents and businesses through a network of pmnping stations, water mains and other related infrastructure; and WHEREAS, the most recent hydraulic study of the Village's system was performed in 1991; mid WHEREAS, Village staffrecommends anupdated hydraulic study ofthe Village's water distribution _ _ system be performed to analyze the Village's existing system in order to understand the historical and projected demands, optimize the operation of the existing system, make recommendations for capital improvements, and provide cost estimates for future projects; aid WHEREAS, a qualifications based selection process was implemented, where ten consulting firms submitted proposals and the four highest rated consultants were interviewed; and WHEREAS, Village staff recommends the selection of Consoer Townsend Envirodyne Engineers, Inc. (CTE) based on their experience and proposal; and WHEREAS, funding for this study is included in the Enterprise Pund in the 2008 Budget. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS EOLLOWS: SECTION l . The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2. The V illage President of the Village of Morton Grove is hereby authorized to execute a professional services agreement between the Village of Morton Grove and Consoer Townsend Envirodyne Engineers, Inc. for the completion of a Water Distribution Study. SECTION 3. The Village Administrator and Village Engineer are hereby authorized to coordinate the implementation of tlvs agreement with Consoer Townsend Envirodyne Engineers, Inc. SECTION 4. That this Resolution shall be in full force and effect upon its passage and approval. PASSED this 22nd day of September 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmami Trustee Thill APPROVED by me this 22id day of September 2008. Richard I{rier, Village President Village of Morton Grove Cook County, Illinois APPROVED and PILED in my offce Phis 23rd day of September 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cool. Cow~ty, Illinois ,- ~~ Village of Morton Grrove CONSULTING SERVICES CONTRACT This contract ("ContracP'); with an effective date of September 22, 2008 is by and between the Village of Ivlorton Grove ("VILLAGE") and Consoer Townsend Envirodyne Engineers, Ina ("CONSULTANT"'). In consideration of the mutual covenants and promises wntained herein, the parties agree as follows: SCOPE OF SERVICES 1.1 CONSULTANT shall perform the services as set forth in Attachment A ("Contracted Services"), incorporated herein by reference, and shalt strictly conform with. the terms and conditions of this Contract. TERM OF AGREEMENT 2.1 This Contract shall commence on the effective date stated above, and CONSULTANT is authorized to commence performance of the Contracted Services as of that date. This Contract terminates on December 31., 2009 unless terminated earlier pursuant to the terms and conditions of this Contract. CONSULTANT shall complete the Contracted Services in accordance with the time schedule ("Project Schedule") set forth in Attachment A, including any intermediate milestones and phase submittals. 2.2 TIME IS OF THE ESSENCE with regard to the performance of the Contracted Services, specifically including but not limited to any intermediate milestones and phase submittals. COMPENSATION AND PAYMENT 3.1 As compensation for the performance of the Contracted Services ("Compensation"), VILLAGE witl pay CONSULTANT in the amount and manner set forth in Attachment B ("Compensation and Payment"), incorporated herein by reference. VILLAGE shall not have any liability for any other expenses or costs incurred by CONSULTANT other than as expressly seL forth in Attachrnetrt B. Written application for payment for completed work shall be submitted by CONSULTANT to VILLAGE not more than once monthly on a date specified by Ehe VILLAGE. Q LIEN WAIVER 4.1 CONSULTANT shall promptly pay For all services, labor, materials and equipment used or employed by CONSULTANT in the performance of the Contrasted Services and shall maintain all materials, equipment, structures, buildings, premises and property of VILLAGE free and clear of mechanic's or other liens. CONSULTA`v"Tshall, if requested, provide VILLAGE with reasonable evidence that all services, labor, materials and equipmenC have been paid in full. PREVAILING WAGE 5.1 Not less than the Prevailing Rate of Wages as found by the Department of Labor or determined by the court on review shall be paid as required by law. Consultant shall comply wi1:h all Village Ordinances and state statues regarding prevailing wages, including 6rdinance 04-15 and the Illinois Prevailing Wage Act 820 ILCS 130 et. seq. Curre~rt standards are available on the IDinois Department of Labor web site at wwwstate.il.us/aaenc}~/idol or by calling the Village of Morton Grove at (84~ 470-5235. (820ILCS 130) Upon request by the Village Engineer, the Contractor shall submit certified payrolls for all work performed under Phis contract, including subcontractors. INDEPENDENT CONSULTANT 6.I For purposes of this Colfract, CONSULTANT is u~ independent CONSUL`fANT and shall not be deemed to be an employee, agent or joint venturer of VILLAGE. CONSULTANT shall be solely responsible for the means and methods for carrying out the Contracted Services. Public Works Department 1 of 15 9/11/2008 Village of Morton Grove COMPLIANCE WITH THE LAW 7.1 CONSULTANT shall comply with all applicable statutes, ordinances, codes, regulations, consent decrees, orders, judgments, rules, and all other requirements of any and all governmental or judicial entities that have jurisdiction over the Contracted Services ("Law"). PERMITS AND LICENSES 8.1 CONSULTANT will obtain and pay for all permits and licenses, registrations, qualifications, anal other governmental authorizations required by law that are associated with CONSULTANT'S performance of Contracted Services. STANDARD OF PERFORMANCE 9.1 CONSULTANT shall perform the Contracted Services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the region where the project ("Project") is located: 4.2 CONSULTANT shall provide additional services as needed to correct any defects or deficiencies in the Contracted Services and shall bear all costs related to the correction of CONSULTANT'S or its lower-tier CONSULTANT'S defective or deficient performance at no additional cost to VILLAGE. 0 HEALTH & SAFETY 10.1 CONSULTANT acknowledges that there may be hazardous substances, wastes, or materials as defned by applicable Law ("Hazardous Materials") at the Project Site or otherwise associated with the Contracted Services and CONSULTANT shall take appropriate precautions to protect its employees, lower-tier CONSULTANTS, suppliers and others who maybe associated with the performance of the Contracted Services. 10.2 CONSULTANT'S employees and the employees of its lower tier CONSULTANTS who perform the Contracted Services shall be experienced and properly trained to perform the Contracted Services under such conditions and shall take adequate precautions to protect human health and fhe environment in the performance of the Contracted Services: t 0.3 In the event Chat VILLAGE observes a potentially hazardous condition relating to the Contracted Services, VILLAGE may bring such condition to the attention of CONSULTANT. If CONSULTANT fails to immediately respond and correct such potential or actual hazardous condition, VILLAGE has the right to suspend the Contracted Services until such time as CONSULTANT remedies the potential or actual hazardous condition. CONSULTANT shall be solely responsible for any cost, expense or schedule disruption resulting from such suspension of the Contracted Services. 10.4 CONSULTANT shall be solely and continuously responsible for the health, safety and welfare associated with the Contracted Services, as defined in Attachment A, at all times and not be limited to normal working hours. The CONSULTANT'S failure to thoroughly familiarize itself with and account for the aforementioned health and safety provisions and those additional requirements provided by VILLAGE, if any, will not relieve CONSULTANT Gorr the obligations set forth in this Contract. 11 CONTACT WITH REGULATORY AGENCIES IL1 Except to fhe extent expressly set forth in this Contract, CONSULTANT shall not communicate directly with applicable governmental regulatory agencies with regard fo Che Contracted Services without prior express authorization from VILLAGE wiles directed otherwise. CONSULTANT shall direct inquiries from governmental regulatory agencies to VILLAGE for appropriate response. Public Works Department 2 of 15 9/11/2008 :.. .< .y Village of Morton Grove 12 QUALITY CONTROL PLANS 12.1 When required by the Scope of Services, CONSULTANT shall execute a quality control plan acceptable to VILLAGE that ensures the quality of its work products and activities. Prior Yo starting the performance of the Contracted Services, CONSULTANT shall submit its quality control plan for the work products and activities identified in Che Scope of Services. Submission of the quality control plan to VILLAGE will not replace in any way CONSULTANT'S responsibility for quality control or for its work products and activities. Notwithstanding any review by VILLAGE, CONSULTANT shall be responsible for the quality of the Contracted Services. 13 CHANGE ORDERS 13.1 VILLAGE may, from time to time, order modifications or changes in the scope of the Contracted Services ("Changes") by written change order in the form of Attachment C ("Change Order"), incorporated herein by reference. In addition, Change Orders may be requested by CONSULTANT based upon material changes to the Contracted Services. Change Orders shall amsist of additions to, deletions from or other revisions to the Contracted Services, including those required by modifications or change orders to the related Prime Contract. Within 10 days after the date of such Change Order or material change, and in any event prior to the commencement of such revised Contracted Services, CONSULTANT shall notify VILLAGE in writing if CONSULTANT requests a change in the Compensation and/or Project Schedule and shall clearly state CONSULTANT'S justification for the Change Order. If approved by VILLAGE, an equitable adjustment will be made as appropriate. 13.2 FAILURE OF CONSULTANT TO COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE SHALL CONSTITUTE A WAIVER OF SUCH CLAIM BY CONSULTANT. 13.3 Failure of Che parties to agree on whether the Change Order constitutes a eompensible change to the Compensation or should result in a change in the Project Schedule shall be subject to the Disputes provisions of this Contract. CONSULTANT shall diligently proceed with the Contracted Services as directed by VILLAGE, including any directed changes or potential changes in the Confracted Services, pending resolution of such Dispute. 14 SUSPENSION OF SERVICES 14.1 VILLAGE may, at any time, with or without cause, suspend all or any portion of the Contracted Services for a period of up to 90 days ("SiispendedSei:vices"): CONSULTANT shalt immediatelq atop the performance of the Suspended Services, until such time as VILLAGE issues direction Co CONSULTANT to resume the Suspended Services. CONSLZTANT shall take such action as is reasonably necessary to protect the Suspended Services and take such additional action as directed by VILLAGE. An equitable adjustment may be made in accordance with the Change Order procedures of this Contract. 15 FORCE MAJEURE IS.I VILLAGE shall not be responsible for delay in the performance of its obligations under this Contract caused by a force majeure event. To the extent that Contracted Services are delayed by a force majeure event, CONSULTANT will be entitled to an equitable adjustment. Por purposes of this Contract, a "force majeure event" is an occwzence or circumstance beyond the control of the claiming party and may include, but is not lirrdted to extraordinary weather conditions, or other nafural catastrophes, war, riots, strikes, lockouts, or other industrial disturbances or acts of any governmental agencies. ]6 TERMINATION FOR CONVENIENCE 16.1 All or part of this Contract may be terminated by VILLAGE for its convenience. In such event, CONSULTANT wilt be entitled to Compensation for Contracted Services performed up to the date of termination. CONSULTANT shall not be entitled to compensation or profiC for Contracted Services not perfotmed. Public Works Department 3 of 15 9/11/2008 ~^ Village of Morton Grove 17 TERMLNATION FOR DEFAULT 17.1 VILLAGE may at any time, by written notice, terminate the whole or any parf of this Contract for default ("Termination for Default") upon failure of CONSULTANT to promptly cure such default in such time as VILLAGE may reasonably allow. Eor the purposes of this Contract, default includes but is not limited to: (i) failure to strictly adhere to the terms and conditions of this Contract; (ii) failure Co maintain progress so as to endanger proper performance of the Contracted Services; or (iii) failure to maintain adequate fmancial or legal capacity to properly complete the Contracted Services. 17.2 In the event of Terminaton for Default, CONSULTANT will be compensated for the Contracted Services properly performed prior to such termination for default. VILLAGE may withhold any outstanding Compensation otherwise due to CONSULTANT pending final completion and acceptance of the Contracted Services and an accounting of related costs. In the event that the withheld amount exeeede the damages associated with CONSULTANT'S default, VILLAGE shall promptly pay such excess funds to CONSULTANT. In the event of a shortfall between such costs and any amounts due to CONSULTANT, CONSULTANT shall promptly pay VILLAGE for such shortfall within 3 days of VILLAGE'S written demand for such payment. 17.3 If, afrer notice of Termination for Default, it is determined for any reason that CONSULTANT was not in defanlC, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Termination for Convenience. 18 INSURANCE 18.1 CONSULTANT shall procure and maintain, for the duration of the contract, insurance against claims for injuries Co persons or damages to property, which may arise from or in conjunction with the performance of the work hereunder by the CONSULTANT, his agents, representatives, employees or SUBCONSULTANTs. 18.2 Minimum Scope of Insurance Coverage shall be at least as broad as: L Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village named as addifiional insured, on a forrri et least as broad as the aftached sample endorsement including ISO Additional Insured Endorsement CG 2010 (Exhibit A), CG 2026(Exhibit B); and 2. Owners and Contractors Protecfive Liability (OCP) policy with the Village as insured Required if box is checked^; and 3. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol Ol "Any Auto." 4. Workers' Compensation as required by the Workers' Compensation Act of the State of Illinois and Employers' Liability insurance. 5. Builder Risk Property Coverage with Village as loss payee -Required if box is checked^ 18.3 Minimum Limits of Insurance A. CONSULTANT shall maintain limits no less than the following: 1. Commercial General Liability: SI,000,000 combined single hmitper occun~ence for bodily injury, and property damage and $1,000,000 per occurrence for personal injury. The general aggregate Public Works Department 4 of 15 9/11/2008 :~,^ ~.~=-- Village of Morton Grove shall be twice the required occurrence limit. Minimum General Aggregate shall be no less than $2,000,000 or aproject-contract specific aggregate of $1,000,000. 2. Owners and Contractors Protective Liability (OCP); $1,000,000 combined single limit 3. Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 4. Workers' Compensation and Employers° Liability: Workers' Compensation Coverage with statutory limits and Employers' Liability limits of $500,000 per accident. 5. Builder's Risk: Shall insure against "All Risk" of physical damage, including water damage (flood and hydrostatic pressure not excluded), on a completed replacement cost basis. B. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the Village. At the option of the Village, either; the insurer shall reduce or eliminatesueh deductibles or self-insured retentions as respects the Village, its officials, agents, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. C. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: i. General Liability and Automobile Liability Coverages a. The Village, its officials, agents, employees and volunteers are to be covered as additional insured as respects: liability arising out of the CONSULTANT'S work, including activities performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, leased or used by the CONSULTANT; or automobiles owned, leased, hired or borrowed by the CONSULTANT. The ooverage shall-contain no special limitations anthe scope of protection afforded to the Village, its officials, agents, employees and volunteers. b. The CONSULTANT'S insurance coverage shall be primary as respects the Village, its officials, agents, employees and volunteers: Any insurance or self-insurance maintained by the Village, its officials, agents, employees and volunteers shall be excess of CONSULTANT'S insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village, its officials, agents, employees and volunteers. d. The CONSULTANT'S insurance shall contain a Severability of Hnterests/Cross Liability clause or language stating that CONSULTANT'S. insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the Limits of the insurer's ability. e. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not "follow form," then the CONSULTANT shall be required to name the Village, its officials, agents, employees and volunteers as additional insweds. Public Works Department 5 of 15 9/11/2008 Village of Morton Grove £ All general liability coverages shall be provided on an occurrence policy form. Claims- made general liability policies will not be accepted. 2. Workers' Compensation anal Employers' Liability Coverage The insurer shat] agree to waive all rights of subrogafion against the Village, its officials, agents, employees and volunteers for losses arising from work performed by CONSULTANT for the Village. 3. Professional Liability (Required if Box is checked) a. Professional liability insurance with limits not less Yhan $1,000,000 each ctaim with respect to negligent acts, errors and omissionsin connection with professional services to be provided under the contract, with a deductible not-to-exceed $50,000 without prior written approval. b. If the policy is written on a claims-made form, the retroactive date must be equal to or preceding the effective date of the contract. In the event the policy is cancelled, non- renewed or switched to an occurrence form, the CONSULTANT shall be required to purchase supplemental extending reporting period coverage for a period of not less than three (3) years. a Coverage (architect, engjneer, surveyor, consultant): Professionai liability insurance that provides indemnification and defense for injury or damage arising out of acts, errors, or omissions in providing the following professional services, but not limited to the following: I. Preparing approving, or failure to prepare or approve maps, drawings, opinions, report, surveys, change orders, designs or specifications; 2. Providing direction, instruction, supervision, inspection, engineering services or failing to provide them, if that is the primary cause of injury or damage. 4. All Coverages Each insurance policy required by Phis clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given Co the Village. D. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A-, VII and licensed to do business in the State of Illinois. E. Verification of Coverage CONSLZTANT shall furnish the Village with certificates of insurance naming the Village, its officials, agents, employees and volunteers as additional insureds, and with original endorsements affecting coverage required by this clause. The certificates and etdorsements for each insurance policy are To be signed by a person authorized by That insurer to bind coverage on its behalf. The certificates and endorsements may be on forms provided by the Village and are Yo be received and approved by the Village before any work commences. Other additional insured endorsements may be utilized, if they provide a scope of coverage at least as broad as the coverage stated on the ISO Additional Insured PuUlic Works Deparhnent 6 of 15 9/11/2008 .,~;~~ Village of Morton Grove Endorsements CG 2010 (Exhibit A) or CG 2026 (Exhibit B). The Village reserves the right to request full certified copies ofthe insurance policies and endorsements. F. Subcontractors CONSULTANT shall include all SUBCONSULTANTS as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject fo atl of the requirements stated herein. 19 INDEMNITY 19.1 To the fullest extent permitted by law, the CONSULTANT hereby agrees t4 defend, indemnify and hold harmless the Viilage, its officials, agents and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, cost and expenses, which may in anywise accrue against the Village, its officials, agents and employees, arising in whole or in part or in consequence of the performance of this work by the CONSULTANT, its employees, or subcontractors, or which may in anywise result therefore, except that arising out of the sole legal cause of the Village, its agents or employees, the CONSULTANT shall, at its own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefore or incurred in connections therewith, and, if any judgment sha11 be rendered against the Village, its officials, agents and employees, in any such action, the CONSULTANT shall, at its own expense, satisfy and disehazge the same. 19.2 CONSULTANT expressly understands and agrees that any performance bond or insurance policies required by this contract, or otherwise provided by the CONSULTANT, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Village, its officials, agents and employees as herein provided. 193 The CONSULTANT further agrees that to the extent that money is due the CONSULTANT by virtue of this contract as shall be considered necessazy in the judgment of the Village, may be retained by the Vi]]age to protect itseif against said toss until such claims, suits, or judgments shall have been settled or discharged and/or evidence to that effecC shall have been furnished to the satisfaction of the Village. 19A CONSULTANT shall not be liable under this Article to the extent that such Loss was caused by the sole negligence or willful misconduct of VILLAGE. 20 INFRINGEMENT 20.1 CONSULTANT shall not infringe upon. any intellectual property (including but not Limited to patents, trademazks or copyrights) ("Intellectual Property") in the performanceof this Contract. In the evenT that CONSULTANT is alleged to have infringed upon such Intellectual Property, in addition to CONSULTANT'S obligations under the Indemnity provisions above, CONSULTANT shall, at the sole discretion of VILLAGE and at CONSULTANT'S sole exponse: (i) procure for VILLAGE ilte right to continue using the infringing subject matter; (ii) replace or modify the infringing subject matter so that it becomes non-infringing but still complies with the requrements of the Contract; or (iii) reimburse VILLAGE for all payments made to CONSULTANT relating to or impacted by the infringing material and all costs incurred by VILLAGE resulting from such infringement. 21 DISPUTES 21.1 Any dispute related to this Contract shall be submitted to a panel consisting of at least one representative of each party who shall have the authority to enter into mt agreement to resolve the dispute. The pa~rel may meet or may conduct its discussions by telephone or other electronic means. In the event that the panel is unable to reach a mutual resolution of the dispute, or has failed Co convene within two weeks of the request of either party, the matter may be referred by either party to a. court of appropriate jurisdiction. Public Works Department 7 of 15 9/11/2008 .= Village of Morton Grove 21.2 All communications between the parties or their representatives in connection with the attempted resolution of any dispute shall be confidential and deemed to have been delivered in furtherance of dispute settlement and shall be exempt from discovery and production, and shall not be admissible in evidence whether as an admission or otherwise, in any arbitration, judicial or other proceeding for the resolution of the dispute. 21.3 Pending any final judicial decision or settlement, CONSULTANT shall proceed diligently with the Contracted Services. 22 NOTICE 22.1 Any notice or communication required or permitted by this Contract shall be deemed sufficiently given if in writing and when delivered personally or upon receipt of registered or certified mail, postage prepaid with the U.S. Postal Service, and addressed as follows: VILLAGE: Village of Morton Grove Public Works 7840 A'orth Nagle Morton Glove, Illinois 60053 Attn: Mr. Ryan Gillingham, P.E. Village Engineer or, CONSULTANT: Consoer Townsend Envirodyne Engineers, Inc. 303 East Wacker Drive, Suite 600 Chicago, IL 60601-5276 Attn: Mr. Michael Winegard, P.E. Vice Pfesident' or to such other address as Che party to whom notice is to be given has furnished by the receiving party in writing. 23 REMEDIES 23.] No remedies or rights conferred upon VILLAGE by this Contract are intended to be exclusive of any remedy or right provided by law or equity, but each shall be cumulative and shall be in addition to every other remedy or right given herein or now or hereafter existing aY law or in equity. 24 CONFIDENTIAL INFORMATION 24.1 All information and data disclosed by VILLAGE or otherwise developed or obtained under this Contract shall be deemed to be proprietary and confidential information ("Confidential Infotrnation"). 24.2 CONSULTANT shall not disclose Confidential Information without VILLAGE'S written consent. Those persons under CONSULTANT'S control shall not use Confidential Information for any purpose other than for the proper performance of the Contracted Services. 24.3 CONSULTANT'S obligations carder this Art9cle shall not apply to Confidential Information thatis (i) in fhe public domain without breach of this Contract; (ii) developed independently by CONSULTANT; (iii) received by Public Works Department 8 of IS 9/11/2008 wa `"" Village of Morton Grove CONSULTANT on anon-confidential basis from others who had a right to disclosure such Confidential Information; or (iv) required to be disclosed by Law, but only after actual prior written notice has been received by VILLAGE and VILLAGE has had a reasonable opportunity to protect disclosure of such Confidential Information. 24.4 CONSULTANT sha11 ensure that the foregoing obligations of confidentiality and use also extend and bind the employees and agents of CONSULTANT and its lower-tier subconsultants and CONSULTANTS who have been provided access to the Conf dential Information under this Contract. 25 RIGHTS IN DATA 25.1 CONSULTANT agrees that all data and information in hard copy, electronic, or any other format, disclosed, developed or obtained under this Contract ("Data"), other than CONSULTANT'S Confidential Information, shall be and remain the sole property of VILLAGE. Delivery of the Data to VILLAGE shall be a precondition for Final Payment. 25.2 CONSULTANT shall promptly deliver all Data to VILLAGE upon VILLAGE'S request. CONSULTANT shall be fully responsible for the care and protection of the Data until such delivery. CONSULTANT may retain one copy of the Da[a for CONSULTANT'S archives subject To CONSULTANT°s continued compliance with the provisions of this Article. 25.3 CONSULTANT agrees not to assert, or to allow persons performing under CONSULTANT'S control, to assert any rights to Data or establish any claim under design, patent or copyright laws. It is expressly agreed that all copyrighYable or patentable Data produced under the Contracted Services has been specifically commissioned by VILLAGE, shall be considered "work for hire", acrd that all copyrightable and other proprietary rights therein shall vestsolelyin VILLAGE. 25.4 CONSULTANT undersY~rds and agrees that al] rights under copyright and patent laws under this Contract belong to VILLAGE. CONSULTANT hereby assigns any and all rights, title and interests under copyright, trademark and patent law to VILLAGE, and agrees to assist VILLAGH in perfecting the same at VILLAGE'S expense. Except as otherwise provided in this Contract, said documents shall be delivered to VILLAGE without additional cost to VILLAGE. 26 COMPONENT WARRANTY 26.1 CONSULTANT represents and warrants that all information technology components, including, but not timited to hardware, software, accessories acid peripherals, tools and utilities (collectively, "Components") provided by it and/or delivered to VILLAGE as part of this Contract will accurately process dateltime data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the Twentieth and twenty-firsf centuries, and leap year calculations. Furthermore, Components, when used in combination with other components, shall accurately process date/time data if the other components properly exchanges date/time data with it. This warranty shall survive for the full term of the applicable statute of limitations. 26.2 Within 5 days of discovery of any non-compliance, the discovering party shall notify the otherparty and, at VILLAGE'S sole option CONSUZTANT shall, within 10 days of notice, repair or replace The non-compliant component at no cost to VILLAGE or refund VII,LAGE's purchase price. 27 SURVIVAL OF TERMS 27.1 Articles on Indetrntity, Confidential Information and Rights in Data shall survive termination of this Contract. 28 ASSIGNMENT AND CONTRACTWG Public Works Department 9 of 15 9/11 /2008 Sw_ Village of Morton Grove -- ` 28.1 CONSULTANT shall not assign or contract this ContraeY nor any rights or obligations herein without the prior written consent of VILLAGE. In the event this Contract is assigned or contracted by CONSULTANT, CONSULTANT shall remain responsible to VILLAGE for the proper performance of CONSULTANT'S obligations under this Contract. 28.2 The terms and conditions of CONSULTANT'S contracts or assignments under this Contract shall, at a minimum, require the CONSULTANT or assignee to fully comply with this Contract unless otherwise authorized in writing by VILLAGE. 29 AMENDMENT AND WAIVER 29.1 This Contract may be amended only by a writing executed by each of the parties. Either party may waive any provision of this Contract to the extent such provision is for the benefit of such waiving party. No action taken pursuant Yo this Contract shall be deemed to constitute a waiver by that party of its or the other party's cbmptiance with any representations or warranties or with any other provision of this Contract. No waiver by either party of a breach of any provision of this Contract shall. be construed as a waiver of any subsequent or different breach, and no forbearance by a party to seek a remedy for noncompliance or breach by the other party shall be construed as a waiver of any right or remedy with respect to such noncompliance or breach." 30 SEVERABILITY 30.1 The invalidity or unenforceability of any particular provision of Phis Contract shall noY affect the other provisions, and this Contract shall be construed in al] respects as if any invalid or unenforceable provision were omitted. 31 GOVERNING LAW 3 ] .1 The validity, construction and performance of this Contract and all disputes between the parties arising out of or related to this Contract shall be governed by the laws, without regard to the law as to choice or conflict of law, of the jurisdiction set forth in the Contract, or if not expressly set fori~h, in the jurisdiction where the Project Site is located. 32 VENUE, JURISDICTION AND SERVICE OF PROCESS 32.1 The parties agree Yhat any suit, action or procezding arising out of or related to this Contract shall be instituted in the Federal Disfrict Court (Chicago) or in the appropriate state court in Cook County, Illinois, and each party irrevocably submits to the jurisdiction of those courts and waives any and all objections to jurisdiction or venue that it may have under the laws of such state or otherwise in those courts in any such suit, action, or proceeding. 33 CONFLICT OF INTEREST 33.1 The CONSULTANT'represents and certifies that, to the best of its knowledge, (1) no Village employee or age~rt is interested in the business of the CONSULTANT or this Contract; (2) as of the date of this Contract neither the CONSULTANT nor any person employed or associated with the CONSULTANT has any interest that would conflict in any manner or degree with the performance of the obligations under this Contract; and (3) neither the CONSULTANT nor any person employed by or associated with the CONSULTANT shall at any time during the term of this Agreement obtain or acquire any interest that would conflicf in any mam~er or degree with the performance of the obligations under this Contract 34 NO COLLUSION 34.1 The CONSULTANT represents and certifies that the CONSULTANT is notbarred from contracting with a unit of state or local government as a result of (1) a delinquency in the payment of any tax administered by the Public Works Department 10 of 15 9/11/2008 Village of Morton Grove Illinois Deparhnent of Revenue unless the CONSULTANT is contesting, in accordance with the procedures established by the appropriate revenue act, its liability for the tax or the amount of the tax, as seC forth in Section 11- 42. 1-1 et seq. of the Illinois Municpal Code, 65 ILCS 5111-42. 1-I et seq.; or (2) a violation of either Section 33E-3 or Section 33E-4 or Article 33E of the Criminal Code of 1961, 720 ILCS 5/22E-I et seq. The CONSULTANT represents that the only persons, firms, ox coroporatimrs interested in Phis Agreement as principals are those disclosed to the Village prior to the execution of this Contract, and that thisContraet is made without collusion with any other person, firm, or corporation. If at any time it shall be found that the CONSULTANT has, in procuring this Contract, colluded with any other person, firm, or corporation, then the CONSULTANT shall be liable to the Village for all loss or damage that the Village may suffer, and this Contract shall, aY the Village's option, be null and void. 35 ENTIRE AGREEMENT 35.1 This Contract embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Contract, and supersedes all prior agreements, understandings, negotiations, representations and discussions, whether verbal or written, of the parties, pertaining to that subject matter. 35.2 The following attachments aze included and made part of this agreement: 35.2.1 AttachmenYA-Contracted Services 35.2.2 Attachment B -Compensation and Payment 35.2.3 AttacbmentC-Change Order VILLAGE Signature Richard Krier Name (Typed or printed) CONSULTANT Signature Name (Typed or Printed) Villaee Presidenf Title Date Title Date Public Works Department 11 of 15 9/11/2008 .a.IN * [~ Village of Morton Grove Attachment A BASIC SERVICES 1 General Contracfed Services The consultant shat] complete the following tasks as identified in the Request For Proposals (RFP) document dated July ] 0, 2008. The consultant shall employ the methodology with the staff identified in proposal submitted by Consoer Townsend Envirodyne Engineers, Inc. dated August 1, 2008. The tasks identified in the RFP include the following: 1.1 The consultant shall develop a hydraulic model of the system. The Village will provide information about the system in electronic format. A summary of the data is provided in Appendix A. Electronic map based data from the Village's Geographic Information System (GIS) will be provided in shape-file or geodatabase format. The respondent shall list the software package they are planning to use for the model in their cover letter. The purpose of this model shall be to conduct an analysis of the system under various flow conditions to determine the adequacy of existing transmission, pumping, storage and distribution system facilities, and their ability to meet current and projected water supply requirements. The Village has available static and residual flow data information for various hydrant locations throughout the Village. The consultant will need to evaluate this information and make recommendations for additional hydrant testing. The Village will also make SCADA data and trends available to the successful firm for the purpose of calibrating the model. The model shall be used to test the adequacy of the distribution system to meet average daily flow demand and to meet high demand periods of usage not only for today's consumption, but also for projected peak system demand in the year 2020. The consultant shall also impose a fire flow demand on the system by simulating fires at certain structures that would require an intensive response from the Fire Department to fight a fire at that location. The Village will jointly develop with the consultant at least 5 locations for these model runs. The report will simulate fire flow demand at oath selected location, both at today's peak day demand and at the projected peak day demand for 2020. The consultant should recommend system improvements required to maintain adequate flow for the Fire Department and sufficient residua] pressure in the system to avoid a 6oi1 order bondition. Along wrtli these improvements, the report shall pro"vide preliminary cost estimates for eaclf project Each recommended distribution system improvement should then be prioritized according to its importance to the system. The consultant will be required to provide electronic copies of the data model developed for this project in a format acceptable to the Village. 1.2 The consultant's report should specifically address the emerge~rcy pumping capability of the Village to meet systetn demand should a primary pumping station suffer a major failure or if the power grid is disrupted for several days. A review of the water main supply system shall be provided For the Village. The consultant should evaluate emergency supply connections. Any recommended improvements shall be prioritized with preliminary cost estimates compiled and submitted as part of the final report. 1.3 Identify optimum pressure set points at each pump house by utilizing the hydraulic model so as to conform to minimum requirements from regulatory agencies during fire flow analysis simulating fire flows at several IocaNons within the Village. 1.4 Evaluate the need for additional storage and pumping facilities to meet future demands of the year 2020. 1.5 Recommend upgrades to the water system including new proposed water mains and improvements to the pump stations. Additionally, the consultant will. address the following infrastructure issues within the report: a. Elimination of inadequately sized water mains Public Works Department 12 of IS 9/11/2008 Village of Morton Grove b. Required improvements Co remove dead end water main lines c. Combining parallel water mains within Che system d. Addition of pressure reducing valve aY strategic locations 1.6 Prepare report summarizing findings including as a minimum: 1. Introducfion 2. Historical and Projected Demands 3. Existing Facilities 4. Water Distribution System Model 5. CapitalImprovements 6. Recommendations 7.. Opinion of Probable Costs 2 Project Schedule 2.1 CONSULTANT shall meet the following activity milestones for the work described above. Step Date Village Board Approval September 22, 2008 Preliminary Report Submitted November 25, 2008 Study Completed December 31, 2008 Public Works Department 13 of 15 9/11 /2008 «~X rv ~.. Village of Morton Grove Attachment B Compensation and Payment 1 METI3ODS OF PAYMENTS FOR SERVICES AND EXPENSES 1.1 VILLAGE shall pay CONSULTANT for services rendered on a cost-plus fixed fee basis with a total va]ue not- to-exeeed $29,024. This not-to-exceed value shall include all labor, equipment, materials and out-of-pocket expenses necessary fo complete the work as described in the scope of work. CONSULTANT"S invoices shall detail the work performed, personnel, labor rates, multiplier, out-of-pocket expenses and other pertinent information during the pay period of the invoice. Public Works Deparhnent 14 of 15 9/11/2008 Attachment C CHANGE ORDER b'illage of Morton Grove Tn accordance with Article 13 of the Consulting Services Contract dated , 20_ ("Contract") between the Village of Morton Grove ("VILLAGE") and ("CONSULTANT'), this Change Order modifies the Contract as follows: 1. Change in Contracted Services: 2. Change in time of Performance (attach schedule if appropriate): 3. Change in CONSULTANT'S Compensation: All other terms and conditions remain unchanged. VILLAGE CONSULTANT Signature Signature Name (Printed or Typed) Name (Printed or Typed) Date Date Public Works Deparhnent 15 of IS 9/11!2008