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HomeMy WebLinkAbout2011-06-27 AgendaI . Call to Order 2. Pledge of Allegiance 3. Roil Call 4 5. 6. N 8 9. Approval of Minutes — Special Meeting of June 13, 2011 Regular Meeting of June 13, 2011 Special Reports a. Plan Commission Case PC 11-07 Requests a Text Amendment to the Unified Development Code in the M2 General Manufacturing District, along with a Special Use to Allow for an Entertainment Use within the M2 District at the Address Commonly Known as 8220 Austin Avenue will be Presented by Plan Commissioner Steven Blonz Public Hearings Residents' Comments (agenda items only) President's Report - Administration, Northivest Municipal Conference, Council of Mayors, C0772mittee, Capital Projects, Real Estate Committee a. Commission /Board appointments /reappointments are requested as follows: Appointments Traffic safety Linda Sorensen Natural Resources Cornrnission Dan Ashta Economic Development Commission Thomas Fa'anunu Reappointments Natural Resources Commission David Conrad b. Requesting a Motion to Appoint Village Administrator Joseph F. Wade as Building Commissioner Until December 31, 2011, or Until a New Building Commissioner is Qualified and Approved. C. Ordinance 11 -25 (Introduced June 13, 2011) (Second Reading) Amending Title 4, Chapter 3, Section 9 entitled Liquor Control of the Municipal Code Clerk's Report - Legal, Cable and Telecommunications Commission 10. Staff Reports a. Village. Administrator Announcement of the Dempster Street Redevelopment Ideas Workshop which will be held at 7:00 pm on Wednesday. July 13, 201 I, at the American Legion Memorial Civic Center, 6140 Dempster Street. 2) Status Report on Dempster Street Improvement Project 3) Miscellaneous Reports and Updates b. Corporation Counsel 1. Reports by "Trustees a. Trustee DiMaria — Fire Department, Emergency Management Agency, RED Center, NIPSTA, Police and Fire Commission (Trustee Grear) b. Trustee Gomberg —Police Department, Environmental Health, Police and Fire Commission, IT Comm Smieation.S (Trustee Marcus) c. Trustee Grear— Community and Economic Development Department, Chamber of Commerce. Waukegan Road TIF Review, Lehigh /Ferris TIF Review, Dempster Street Corridor Plan, Real Estate Committee, Comprehensive Plan, Economic Development (Trustee DiMaria) 1) Ordinance 11 -28 (Introduced June 27, 2011) (First Reading) Providing for Additional Appropriations for the General Corporate Fund of the Village for the Calendar Year Effective January 1, 2011 and Ending December 31, 2011 d. Trustee Marcus — Public Works Department, Condominium Association, Community Relations Commission, Solid Waste Agency of Northern Cook County, Natural Resource Commission, Traff c Safety Commission (Trustee Thill) } Ordinance 11 -20 (Introduced,Tune 13, 2011) (Second Reading) Amending Title 5, Chapter 7 of the Municipal Code Entitled Abandoned, Inoperable. Hazardous. and Unlawful Vehicles 2) Ordinance 11 -22 (Introduced June 13, 2011) (Second Reading) Establishing the Prevailing Rate of Wages for Laborers, Mechanics and Other Workers in the Village Employed in Performing Construction of Public Works for the Village 3) Ordinance 1.1 -24 (Introduced June 13, 2011) (Second Reading) Amending Title 5, Chapter 13, Article F. Section 4 entitled "Restricted Parking Streets" of the Municipal Code 4) Resolution 11 -31 (Introduced.June 27 2011) Authorizing the Purchase of a New Trailer Mounted Drum Type Brush Chipper (Morbark Model M18R) I I. Reports by Trustees (continued) Trustee Thill — Building Department, Appearance Commission, Capital Projects, Plary Cornmission/Zoning Board ofAppeals (Trustee Toth) I) Ordinance 11 -23 (Introduced June 13, 2011) (Second Reading) Granting a Special Use Permit to Al Vow a Physical Fitness Facility at the Property Located at 7300 Dempster 2) Resolution 11 -32 (1mroducedJune 27, 2011) Authorizing the Execution of a Professional Services Agreement By and Between the Village and T.P.I. Building Code Consultants, Inc. for Plan Review and Inspectional Services 3) Ordinance 11 -26 (Introduced June 27, 2011) (First Reading) Amending the Unified Development Code Sections 12 -4 -4E and I2 -17 -1 to Allow Entertainment Uses as Special Uses in the M2 General Manufacturing District 4) Ordinance 11 -27 (Introduced June 27, 2011) (First Reading) Granting a Special Use permit to Allow an Entertainment Use at the Property Located at 8220 N. Austin, Morton Grove, Illinois L Trustee Toth — Finance Department, Finance Advisory Commission, Northwest Municipal Conference, Advisory Commission on Aging Family and Senior Services Department (Trustee Gomberg) 12. Other Business 13. Presentation of Warrants - $452.805.95 14. Residents' Comments 15. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate 16. Adjournment - To ensure lidi accessihi(ity and equal participation for all interested citizens, individuals with disabilities who plan io attend and who require certain accommodations in order to observe and /or participate in this meeting, or who have questions regarding the accessiliday of these faciihtes, are requested to contact Susan or Marlene (847/470 -5220) promjXl)) to allow the Village to make reasonabie accommodations. MINUTES OF THE JUNE 13, 2011, SPECIAL MEETING OF THE BOARD OF TRUSTEES RICHARD T. FLICKINGER MUNICIPAL CENTER 6101 CAPULINA AVENUE MORTON GROVE, ILLINOIS 60053 Pursuant to proper notice in accordance with the Open Meetings Act, the special meeting was called to order at 6:00 pm by Village President Daniel J. Staackmann who led the assembla?e in the pledge of atiegiance. in attendance were: Elected Officials: Absent: Village Staff: Also Present: Mayor Daniel J. Staackmatm, and Trustees Daniel DiMaria, John Thill Maria Toth Village Clerk Tony S. Kalogerakos., William Great, Sheldon Marcus, and Village Administrator Joseph F. Wade, Community and Economic Development Director John D. Said, and Corporation Counsel Teresa Hoffman Liston None Mayor Staackmann stated the purpose of the meeting was to discuss pending litigation, personnel matters, labor negotiations, and real estate, all of which are appropriate for Executive Session, Trustee Marcus then moved to adjourn to Executive Session to discuss pending litigation, personnel matters, labor negotiations, and real estate. The motion was seconded by Trustee DiMaria and approved unanimously pursuant to a roll tali vote at 6:03 pm. At the conclusion of the Executive Session, Trustee Gomberg moved to adjourn the Special Meeting. The motion was seconded by Trustee Marcus and approved unanimously pursuant to a voice vote at 6:54 pm. Minutes by: Tony S. Kalogerakos, Village Clerk Special meeting mii�u[es.06 -13 -I I Richard T. Flickinger Municipal Center 6101 CapuIina Avenue ^ Morton Grove, Illinois 60053 -2985 Tel: (847) 965 -4100 Fay:: (847) 965 -4162 CALL TO ORDER Village President Dan Staackmann called the meeting to order at 7:00 p.m. After leading the assemblage in the Pledge of Allegiance, he directed the Village Clerk to call the roll. Village Clerk Tony Kalogerakos called the roll. Present were: Trustees Dan DiMaria, Larry Gomberg, Bill Grear, Shel Marcus, and John Thill. Trustee Maria Toth was absent with notice. Ill. APPROVAL OF MINUTES Regarding the Minutes of the May 23, 2011 Board Meeting, Trustee DiMaria moved to accept the Minutes as presented. Trustee Thill seconded the motion. There was no discussion. Motion passed via voice vote. Trustee Marcus abstained since he had not been present at the May 23, 2011 Board Meeting. IV, SPECIAL REPORTS 1. Swearing -in Ceremony for Various Members of the Morton Grove Fire Department a. Fire Chief Tom Friel said he was honored to be present at the swearing -in ceremony for three very fine individuals who will help lead the Fire Department in the future. Steven Martin was being sworn in as a new Firefighter /Paramedic; Mike Mitchell as a new Fire Lieutenant; and Scott Exo as a new District Chief. This is to fill the vacancy left by the retirement of District Chief Joe Paczosa after 32 years of service. b. Chief Friel explained that the role of District Chief can only be filled by someone with a current rank of Fire Lieutenant, meaning that filling the District Chief vacancy leaves a vacancy in the Fire Lieutenant ranks. C. Firefighter testing began in mid -2009. The Village combined testing with Niles and Wilmette, and over 200 individuals were given physical and written tests, and underwent oral interviews and psychological evaluations. d. Chief Friel said the State mandates that the Lieutenant test be given every three years. Thirteen individuals tested, participating in oral interviews, written exams. and an assessment with a third party, e. Testing for District Chief is a two - phased process, according to the Chief. A Leadership As- sessment was done by a third -party psychological group. Five individuals went through that phase. Phase two was oral interviews. '� �.:`� � ATnidexrcs#Juneti�, 2rUitl Board Nf�G:"' lV. SPECIAL REPORTS (continued) Chief Friel explained that it is traditional In the Fire Service that the badge reflects the tools of a firefighter's trade, The officer's badge incorporates a trumpet, signifying that he is the leader on the fire around. A lieutenant has one trumpet on his badge, while a district chief has three. It symbolizes that, during the chaos of a fire, you count on the officers to resolve the chaos. Chief Friel noted that Fire Department liaison T rustee DiMare would be presenting a uniquely colored helmet to the two officers being sworn in (red for the lieutenant, white for the district chief). Having a uniquely colored helmet is another way of identifying fire officers in the midst of a fire. Fire and Police Commission Chairman Mike Simkins then performed the swearing - ceremony for new Firefighter /Paramedic Steve Martin., who began his employment with the Village on April 26 and started attending the Northern Illinois Public Safety Training Academy (NIPSTA) in early May. Steve came to the Village as a fully - trained paramedic. He was born and raised in Rogers Park, graduated from Northside College Prep High School, and attended Oakton Community College, where he majored in Fire Science. Steve and his wife have a 5 -year old daughter and are expecting another child in late summer. Steve's wife pinned on his badge while the assemblage congratulated him. h. Mr. Simkins then swore in new Fire Lieutenant Mike Mitchell. Mike is a Morton Grove native and a Niles West graduate. He is a 25 -year veteran of the Morton Grove Fire Department and has been serving as Acting Lieutenant. He is also certified as a Fire Apparatus Engineer, Fire Officer I and II, and an incident Safety Officer. Mike and his wife of 26 years have four children. Mike's wife pinned on his badge while the assemblage congratulated him and his many relatives in attendance this evening. 3. Lastly, Mr. Simkins swore in Scott Exo as Morton Grove's newest District Chief. Scott started with the Village in 1992 as a Firefighter /Paramedic. He was promoted to Lieutenant in 2008.. and holds numerous Fire and EMS certifications. He is involved in many aspects of the Fire Department, including serving as administrator of the Department's reporting software. Scott serves as Secretary of the Firefighter's Pension Board and also works closely with the Training Officer to ensure the Department's training requirements are being met. He is also an instructor for NIPSTA and the Prairie State College Fire Science Program. Scott has two daughters, both of whom are pursuing nursing degrees. His daughter pinned on his badge as the assemblage congratulated him. Presentation by Mr. Edler, Edler Warehousing in Appreciation of the Village Mr. Edler thanked the Village Board, calling them a first -class team. His new warehouse will be done by the end of the month. He felt it would be quite an enhancement for the Village. Mayor Staackmann pointed out that Mr. Edler had a warehousing operation in Skokie for many years. The Board thanked him for his kind words. Plan Commission Chairman Ron Farkas presented this report. The applicant is Planet Fitness; they are seeking a Special Use Permit to open a fitness facility in Village Plaza Shopping Center (northwest corner of Dempster and Harlem) at the former site of Shoe Carnival. Minutes of June 91, 2019 Moard meam" IV. SPECIAL REPORTS (continued) b. Chairman Farkas noted that the facility would be smaller than Bally's— approximately 14,000- 5,000 square feet —and would not have a pool, running track, orjuice bar, like Bally's. Their experience is that the average visit will be about 35 minutes long. It would cost $59 initially to enroll, thereafter $10 a month. No contracts are involved. The facility would be open 24 hours a day, which is a deterrent to crime, according to police, Two staff members will be on -site at all times. The only external change to the building is that the entrance door will be relocated more toward the west. That was to encourage customers to utilize parking on the west side of the building. The Village, however, would like to discourage parking more to the west side of the building at certain times because that parking abuts the residences there. The applicant said he would control where his employees parked and would be a good neighbor. c. Chairman Farkas said that, although no parking study was submitted, the Commission felt parking in the area was adequate and wouldn't encroach on other businesses parking. He noted that Trustee Thill spoke as a concerned resident about the possible noise problems of parking on the west side of the building. No other residents or businesses attended. d. Chairman Farkas said the Commission voted 5 -0 (with two absent) in favor of recommending the Special Use Permit. V. There were no questions from the Board. Trustee Marcus moved to accent the Plan Commis- sion's report. Trustee Thill seconded the motion. Motion passed unanimously via voice vote. PUBLIC HEARINGS NONE VI. RESIDENTS' COMMENTS (Agenda Items Only) Georgianne Brunner. Mrs. Brunner had a question regarding Ordinance 11 -19 (amending the Animal Control ordinance). As trustee, she had helped revamp the Animal Control ordinance in 2006. She was concerned and asked if there was a mechanism in place to follow up with residents to ensure that they do purchase their animal licenses annually. The burden on staff of doing so was one of the considerations she and the Board of Environmental Health had taken into account in 2006, and one of the reasons why they implemented a `lifetime" license. Corporation Counsel Liston noted that Chief Erickson had assured the Board that there is a way to cross - reference animals who've received rabies shots with licenses, and that it's very doable. Trustee Marcus noted that this newest iteration of the Animal Control ordinance came about because of community concern about the Village's lack of an animal control officer. He said this ordinance provides a better way to check to make sure licenses are being renewed, as well as a mechanism to be able to trace lost dogs. in the long run, Trustee Marcus said, this will prove beneficial to the community. ` Minutes of June 13; 2011 Board Met kfr'nig VII. PRESIDENT'S REPORT Mayor Staackmann asked for concurrence to reappoint the following Commission members, Appearance Commission: Deanna Gotta, William Zimmer, Gail Kachoyeanos Board of Environmental Health: Abdul Sattar, Joseph O'Shea Natural Resources Commission: Mary Busch, Grant Gilbert, Sharon Erickson, Sylvia Jurians Economic Development Commission: Karen Johnson, Janine Witko, George Alpogianis Fire and Police Commission: Mike Simkins Police Pension Board: Joseph Hedrick All terms will expire December 31, 2012. Trustee Thill moved, seconded by Trustee Marcus, to concur with these reappointments. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. DiMaria afire Tr. Gomberg aave Tr. Grear aye Tr. Marcus acre Tr. Thill acre Tr. Toth absent 2. Mayor Staackmann asked for a motion to appoint Grant Gilbert and Mary Busch as Vice - Chairpersons of the Natural Resources Commission for the remainder of 2011. Trustee Thill so moved, seconded by Trustee Marcus. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. DiMaria aye Tr. Gomberg aLe Tr. Grear lave Tr. Marcus awe Tr. Thill awe Tr. Toth absent 3. Mayor Staackmann then introduced for a first reading, Ordinance 11 -25, Amending Title 4, Chapter 3, Section S Entitled "Liquor Control" of the Municipal Code of the Village of Morton Grove. He explained that this had to do with the annual fee for a class H License held by a Class C license holder. The fee will be $1,250. This reduced rate had previously only been allowed for Class A and Class E license holders. There was no further discussion on Ordinance 11 -25. Vlll. CLERK'S REPORT 1. Clerk Kalogerakos had several announcements: a, The Morton Grove Chamber of Commerce Golf Outing will take place this Wednesday, June 15, 2011. For further information, contact Executive Director Jacky Liston. b. The Patriot Flag will be on display from 1 pm to 6pm at the Civic Center this Thursday, June 16. There will be a brief ceremony at 6pm. Morton Grove is only one of three locations in the Chicago area that will be displaying the Patriot Flag. Thanks to Fire Chief Tom Friel for making this possible. C. Kappy's and the Economic Development Commission will be holding an antique car show at 6pm on June 16" at Kappy's. Other car shows will be held on July 14 and August 11. VIII. CLERK'S REPORT (continued) T Uni0tes oiline'13, 011 seilrd Meeii -' d, Basset training will be held on June 28 and June 30. primarily for those volunteering to bar - tend during the Morton Grove festivities. To volunteer, contact Paul Minx at 847 - 840 -0984. For more information on the training., contact Officer Ken VanderHagen at 847 - 663 -3804. There will be no charge for this training. Clerk Kalogerakos announced that there would be a meeting of the TIF Joint Review Board at 10am on June 28`" at Village Hall in the Trustees' Conference Room, At 7pm on July 13'h, there will be a second public meeting to gather input on the Dempster Street Redevelopment. The meeting will take place at the Civic Center, and all are invited to attend. g. On July 27", between 10am and 2A5pm, the Morton Grove Police Department and Cook County will provide rabies shots and micro- chipping for pets. Location is the Civic Center. IX. STAFF REPORTS A. Village Administrator 1. Mr. Wade reiterated the Clerk's announcement about the Waukegan Road and Lehigh- Ferris TIF Joint Review Board meetings at 1 Dam on June 28th. The TIF Joint Review Board is com- prised of representatives from all of the taxing bodies impacted by the TIF, including the Library, Park District, School District 67, School District 70, and High School District 219. 2. Mr. Wade asked Police Chief Mark Erickson to discuss the Animal Control Ordinance and the upcoming Cook County Rabies Vaccination and Microchip Event. a. Chief Erickson congratulated Chief Friel on his newly - promoted members. He then introduced CSO Shannon McMillan, who will be the Village's new part-time animal control officer. b. As Trustee Marcus had alluded to earlier, these revisions to the Animal Control Ordinance were brought about by some community concerns. The Police Department had been given direction by the Village Board to bring animal control back. The provisions in this ordinance outline various animal control measures, including increased owner accountability (via in- creased fines for violations), annual registration, and zero tolerance on violations. Lost pet notices will be posted on the Adopt -a -Pet website. As Mrs. Brunner pointed out, there had been in place a lifetime pet registration, pet owners who opted for that option will be arand- fathered in and exempt from the annual registration restriction, unless or until that particular pet is no longer with them. There is a plan to tie annual pet registrations to the annual vehicle registration process, so that both vehicle and pet license renewals can be accomplished at the same time, hopefully electronically, to reauce staff time c. Chief Erickson said that one of the goals of the new animal control ordinance was that animal control in the Village be a self - sustaining program. Thus Officer McMillan will be in charge of donations and volunteers for this program. Chief Erickson said he hoped those who were concerned about animal control would be stepping forward and volunteering or donating to the program. f ' MiUtes.ul,JyoA 134 2011063M 111160 X. STAFF REPORTS (continued) d. There will be a rabies vaccine /microchip clinic at the Civic Center, starting at 10am on July 27. e. Officer McMillan stated that he had 12 years of dog experience, having worked at a kennel in Grayslake since high school. He has also worked with K -9 units at over 60 police depart- ments, training dogs to do everything from bombs to cadaver work. His wife trains horses. He said he was excited to start helping out in Morton Grove, and get things back on track. Trustee Marcus reiterated that this all came about because of community concern. The Board listened, met with Chief Erickson, and came up with this plan, which should address those concerns, using appropriate technology. He said he was pleased the Village could do this. He thanked Chief Erickson and Mr. Wade and their respective staffs for their work on this. Trustee Marcus noted that if any community members come to the Board with legitimate concerns, the Board listens and acts. He encouraged people to come forward and volunteer for the animal control program. B. Corporation Counsel Corporation Counsel Liston had no report. X. A. Trustee DiMaria: 1. Trustee DiMaria had no report. B. Trustee Gomberg TRUSTEES'REPORTS 1. Trustee Gomberg presented Ordinance 11 -15, Amending Title 6, Chapter 1, Section 2, of the Village of Morton Grove Municipal Code Entitled "Offenses Against Property.' This is the second reading of this ordinance. a. Trustee Gomberg explained that a new subsection °U" has been added. It allows certain types of theft of property, services, or merchandise less than $150 to be cited as an ordinance violation,. It also provides a penalty for any violation of the subsection's provisions. b. Trustee Gomberg moved to adopt Ordinance 11 -15, seconded by Trustee Trill. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. DiMaria aye Tr. Gomberg aye Tr. Grear aye Tr. Marcus aye Tr. Thill aye Tr. Toth absent Minutes ofJUnB 131 2D11 Hoard iNeeti X. TRUSTEES' REPORTS (continued) B. Trustee Gomberg. (continued) 2. Next, Trustee Gomberg presented Ordinance 11 -16, Amending Title 1, Chapter 4, Section 2, of the Municipal Code Entitled "Monetary Penalties and Fines for Specific Violations and Offenses." This is the second reading of this ordinance. a. Trustee Gomberg said this ordinance establishes a range of fines for local parking violations between $30 and $750, and for animal control ordinance violations ranging from $150 to $750. This change ensures that the Village's ordinances are compliant with contemporary statutes and relevant to current Village operations. Trustee Gomberg moved to adopt Ordinance 11 -16, seconded by Trustee DiMaria. b. Trustee Thill said that he would like to see the any animal- against - animal fighting, to a range motion to amend the ordinance to include that Upon the vote to amend the ordinance, the m( Tr. DiMaria acre Tr. Gomberg Tr. Marcus aye Tr. Thill penalties increased, as regards dog fights or of between $10,000 and $25,000.. and made a change. Trustee DiMana seconded that motion )tion passed: 5 ayes, 0 nays, 1 absent. afire Tr. Grear are aye Tr. Toth absent Trustee Marcus asked if any other communities had a penalty for dog- fighting as high as Morton Grove's. Mayor Staackmann said that staff would look into it and get back to him. There being no further discussion, Mayor Staackmann called for the vote on the adoption of Ordinance 11 -16 as amended, Motion passed: 5 ayes, 0 nays, 1 absent. Tr. DiMaria afire Tr. Gomberg aye Tr. Grear aye Tr. Marcus aye Tr. Thill acre Tr. Toth absent Trustee Gomberg then presented Ordinance 11 -17, Amending Title 5, Chapter 1 of the Municipal Code Entitled "Traffic Administration and Enforcement." This is the second reading of this ordinance. a. Trustee Gomberg said that various chapters have been rewritten to clarify the Village's existing procedures for immobilizing vehicles and for towing and impoundment. An amendment has also been added stating that, unless otherwise prohibited by law, law enforcement officials are authorized to enter private property for the purposes of enforcing the provisions of Title 5 and 6 of the Municipal Code, Trustee Gomberg moved to adopt Ordinance 11 -17, seconded by Trustee DiMaria. Trustee Gomberg noted that there had been some public concerns and questions about the amendment and how it impacted peoples' constitutional rights. He asked Corporation Counsel Liston to elaborate on this and the need for it. c. Ms. Liston said that this amendment is not a new clause. The Village's current ordinance states that police officers are authorized to enter private property to enforce this chapter. The wording is changing so that, instead of saying "this chapter ", it will now say "to enforce the rules and regulations of chapter 5, traffic enforcement, and chapter 6, police regulations." :; "Nlirutes tif4)Urt�13,�[IAl Hbar Meptiri -' X. TRUSTEES' REPORTS (continued) B. Trustee Gombero: (continued) d. Ms. Liston said the intent was to clarify a long- standing ordinance and existing practice. An additional clause was added that prefaces this amendment, specifically stating "unless otherwise prohibited by law" officers are allowed to enter private property to enforce Village ordinances. She assured the Board that the Fourth Amendment is alive and well in Morton, Grove. e. Ms. Liston detailed the occasions when police officers can enter private property: with owner or occupant permission, with a warrant, in emergency situations, in pursuit of a felon, and other instances where it's appropriate for enforcement officers to enter private property. A person's front sidewalk and front porch are considered private property, but they're parts of one's property held out as being open to the public. This part of your property is informally referred to as the "mailman route ". Condominium parking lots can be entered by law enforcement under certain circumstances. f. Trustee Marcus also had some concerns about this issue and complimented Ms. Liston on her explanation. He said that, while he doesn't want to hinder law enforcement in Morton Grove, he did still have some concerns about constitutional rights when it comes to approaching personal property. He could understand it in terms of "pursuit of a felon," but his personal concerns would not allow him to support this ordinance. g. Mayor Staackmann called for the vote. Motion passed: 4 ayes, 1 nay, 1 absent. Tr. DiMaria afire Tr. Gomberg acre Tr. Grear afire Tr. Marcus nav Tr. Thill acre Tr. Toth absent 4. Trustee Gomberg presented Ordinance 11 -18, Amending Title 5, Chapter 8, Section 4 of the Municipal Code Entitled "Prohibited Equipment or Condition." This is the second reading of this ordinance. a. Trustee Gomberg said this ordinance more closely mirrors the Illinois Vehicle Code's prohibition against darkened or tinted windshields. He moved to adopt Ordinance 11 -18, seconded by Trustee Thill. Mayor Staackmann asked Chief Erickson to explain this ordinance in terms of legality of tinted windows. b. Chief Erickson said it's a complicated state law. There are percentages of tint on rear and front windows. The percentages change if one of the percentages of the front or rear window changes. To alleviate any gray areas, the PD purchased meters that can tell with certainty what the percentage of tint is. However, these meters cannot be used on moving vehicles, so the Police Department is restricted to using them when a car is parked or the owner allows them to be used. Their usage requires that the vehicle's windows be partially rolled down. Thus the Village's ordinance had to be amended to allow this. Using these meters, there will be no mistake as to what the percentage of tint is. Trustee Thill asked if a car would be pulled over if there was some question about the tint. Chief Erickson responded that it would only be pulled over if there was some other violation— tinted windows will not be a primary violation, Mihutes of Juue 13, 201'.1,110M 1006 ft X. TRUSTEES' REPORTS (continued) B. Trustee Gomberq: (continued) c. There being no further discussion, Mayor Staackmann called for the vote. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. DiMaria 2ye Tr. Gomberg aye Tr. Grear aye Tr. Marcus acre Tr. Thill avee Tr. Toth absent 5. Trustee Gomberg next presented Ordinance 11 -19, Amending Title 6, Chapter 4 of the Municipal Code Entitled "Animal Control." This is the second reading of this ordinance. a. Trustee Gomberg explained that this ordinance incorporates relevant State statues regulating the care and treatment of animals, and provides protection for animals from abuse, neglect.. or abandonment. It imposes a public safety fee of $500 on any person who abandons an animal, and raises the fee from $250 to $500 for any animal determined to be "dangerous ", It provides for the humane destruction of strays, establishes an annual pet license fee, and reduces the registration fee for animals that have been spayed, neutered, and micro - chipped. He thanked the residents who came to the Board Meeting with their concerns, or who otherwise contacted the Board. He also thanked Corporation Counsel and the Board of Environment Health for their assistance with this ordinance. Trustee Gomberg moved to adopt Ordinance 11 -19, seconded by Trustee Marcus, Motion passed: 5 ayes, 0 nays, 1 absent. Tr. DiMaria acre Tr. Gomberg aye Tr. Grear aye Tr. Marcus aye Tr. Thill aye Tr. Toth absent 6. Lastly, Trustee Gomberg introduced as a first read Ordinance 11 -20, Amending Title 5, Chapter 7 of the Municipal Code Entitled "Abandoned, Inoperable, Hazardous, and Unlawful Vehicles." He explained that this chapter has been updated to be consistent with the Illinois Vehicle Code. There was no discussion on Ordinance 11 -20. C. Trustee Grear: a. Trustee Grear had no formal report, but announced that this year.. Morton Grove Days will feature six food vendors: Crazy Jaws, Kappy's, Village Inn, Myron & Phil's, Char House, and the Lions Club. There is also a four -day wristband for carnival rides being sold for $40, which is a real bargain! Trustee Grear reminded everyone that the upcoming Morton Grove Days festivities is a four - day event, made possible solely by donations and sponsorships, and encouraged everyone to make a donation or become a sponsor, if possible. He also said that volunteers are needed. Anyone interested in volunteering should contact him at Village Hall or Georgianne Brunner. . �tlinules`iitsturiav'13, 3t17'18oartl,Miiitiaa! K TRUSTEES' REPORTS (continued) D. Trustee Marcus'. Trustee Marcus presented for a first reading Ordinance 11 -22, Establishing the Prevailing Rate of Wages for Laborers, Mechanics, and Other Workers in the Village of Morton Grove Employed in Performing Construction of Public Works for the Village. He explained that the Illinois Prevailing Wage Act requires contractor and subcontractor to pay laborers, workers, and mechanics employed on public works projects no less than the general prevailing rate of wages as established by the Village. "Public works" is defined to mean all fixed works constructed by any public body or paid for wholly or in part out of public funds, Each year, during the month of June, the Act requires the Village to investigate and ascertain the prevailing rate of wages. There was no discussion on Ordinance 11 -22. 2. Next, Trustee Marcus presented for a first reading Ordinance 11 -24, Amending Title 5, Chapter 13, Particle F, Section 4 of the Municipal Code Entitled "Restricted Parking Streets." He explained that the Traffic Safety Commission reviewed a request to establish parking restrictions on Ferris Avenue between Lincoln and Capulina Avenue to allow on- street parking during off -peak travel times on Ferris to provide additional parking for a business and residents. The Commission made a two -part recommendation on this request. The on- street parking during off -peak travel times will be considered by the Board as part of a separate action. The other part of the issue is updating the parking restrictions to match the intended design of the recent construction improvements on Ferris. Current, parking is allowed on the west side of Ferris from a point 75 feet north of the centerline of Lincoln Avenue to the center- line of Capulina. The recent construction improvements on Ferris near the intersection of Lincoln include a long right -turn bay where on- street parking was formerly allowed. To allow on- street parking on Ferris near the Lincoln Avenue intersection will hinder southbound traffic moving through the intersection, so the Traffic Safety Commission's recommendation is to amend the parking restrictions to allow the intersection to operate as intended in its improved design. There was no further discussion on Ordinance 11 -24. Trustee Marcus announced, as the new Community Relations Commission liaison, that the Commission is partnering with the Farmers' Market on Saturday, June 25, to present "Welcome to Morton Grove" day. This event will present information and feature many organizations that make Morton Grove unique, including the Morton Grove Library, the Garden Club, Friends of the Forest Preserves, and the Morton Grove Days Commission. Village officials will be present as will several local religious entities. The Farmers' Market is open from 8am to 1 pm and is located at 8930 Waukegan Road. For more information, check their website at mgfarmersmarket.com. Trustee Marcus noted that the North Shore Senior Center has recently recognized Jeanette Frasier and Betty Primer as "Super Senior Contributors." He and the Board congratulated both women. 10 X. E. RAinutes iYU0 0e 13, 201 TRUSTEES' REPORTS (continued] Trustee Thill: Trustee Thill presented for a first reading Ordinance 11 -23, Granting a Special Use Permit to Allow a Physical Fitness Facility at the Property Located at 7300 Dempster. Trustee Thill said that this is pursuant to the Plan Commission case reported out earlier this evening, There was no further discussion on Ordinance 11 -23. 2. Trustee Thill said that, in Trustee Toth's absence.. he had attended the Solid Waste Agency of Northern Cook County (SWANCC) Board Meeting recently, noting that the Village has received almost $34,000 this year in rebates from recycling. Two years ago, it received $52,000 in rebates: last year, only $11,500. He encouraged residents to recycle as it brings revenue to the Village. 3. Trustee Thill read an article featured in yesterday's Parade magazine about the history of the Patriot Flag, a true symbol of survival that has been traveling around the country and will be in Morton Grove this Thursday. He encouraged everyone to make time to see this historic flag. F. Trustee Toth: Trustee Toth was absent —no report. X1. OTHER BUSINESS NONE X11. WARRANTS In the absence of Trustee Toth, Trustee Gomberg presented the Warrant Register for June 13.. 2011 in the amount of $611,691.58. He moved to accept the Warrants, seconded by Trustee Marcus. Trustee Thill questioned a check to Hydro Irrigation for "system repairs at the Library". He wondered if this was a Village expense or a Library expense. Finance Director Ryan Horne noted that the system was damaged during the Lincoln Avenue reconstruction. Public Works Director Andy DeMonte said that, although the damage had been done by the contractor, the Village was accepting responsibility. Mr. Horned added that this was being paid for out of Lehigh- Ferris TIF funds. There being no further discussion, Mayor Staackmann called for the vote. Upon the vote, the motion passed: 4 ayes, 0 nays, 1 abstain, 1 absent. Tr. DiMaria abstain Tr. Gomberg aye Tr. Grear aye Tr. Marcus aye Tr. Thill aye Tr. Toth absent 4 1 Minutes of June13,2011,ftrd Aeki!! XIII, RESIDENTS' COMMENTS Georgianne Brunner. Mrs. Brunner, on behalf of the Morton Grove Days Commission. stated that four -day wristbands will be on sale starting on June 15. They will be sold at Village Hall and the Park District. There will be six food vendors and the entertainment pavilion will feature live entertainment every night. The raffle drawing will be around 10:30pm on July 4. Tickets are $5 each or five for $20. First prize is $2,000 cash, second prize $500:. and third prize is a $300 gift card to Abt, Raffle tickets are on sale at Village Hall CVS Pharmacy, and MB Bank. Contact Marlene Worthley. raffle ticket chairperson, at madeneworm(cr yahoo.com for more information or to obtain tickets. The Parade will kick off at 2:30pm on July 4'". Mrs. Brunner reiterated Trustee Grear's statement that the Fourth of July festivities are supported by raffle sales, sponsorships, donations, and, especially, volunteers. There is still a great need for volunteers. If anyone's interested, send a note to mortonarovedays(d)amail com or call Mrs, Brunner at 847 - 967 -0725 or Trustee Grear at Village Hall. XIV, Trustee Marcus moved passed: 5 ayes, 0 nay Tr. DiMaria acre Tr. Marcus ?L The meeting adjourned ADJOURNMENT/EXECUTIVE SESSION to adjourn the Meeting, Trustee Thill seconded the motion. Motion a, 1 absent. Tr. Gomberg aye Tr. Grear acre Tr. Thill acre Tr. Toth absent at 8:25 p.m. 42 PASSED this 27th day of June, 2011. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 27th day of June, 2011. Daniel J. Staackmann. Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 28th day of June, 2011. Tony S. Kalogerakos, Village Clerk Village of Morton Grove, Cook County, Illinois Minutes of juue i8, mil B and Metefin "� Mmutes by Teresa Cousa' 13 L9 To: Village President and Board of Trustees ✓a: Prom: Ronald L. Farkas, Chairman, Plans Commission � Date: June 21, 2€111 Re: Plan Commission Case PCII -02; Request for Text Amendments to the Unified Development Code and a Special Use in the M2 District (regarding proposed entertainment use at 8220 N. Austin) Commission Report Legal notice for this public hearing was published in the local newspaper (Morton Grove Champion) on June 2, 2011, A public notice sign was posted on the site on June 3, 2011, and notification letters were sent to surrounding properties on .tune 2, 2011, On June 20, 2011, a public hearing was conducted by the Morton Grove Plan Commission after notice for this public hearing was duly provided, as noted above, for Plan Commission case PC 11- 07. PC 11 -07 consists of a request by applicant Big City Entertainment for text amendments to the Unified Development Code, and a Special Use, to allow an entertainment use (haunted house) in the M2 General Manufacturing District, at 8220 N. Austin, Director of Community Development and Village Planner John D. Said introduced the case on behalf of the Village. He reviewed details of the request, including the proposed text amendment language, the proposed haunted house's characteristics and the building and site layout, The proposed haunted house is called 'Fear City', The applicant was represented at the hearing by Mr, Chuck Grendys of Big City, Mr. Tony Duffy, marketing consultant to Mr. Grendys, and Mr. Mark Oieson of Ament, traffic consultant These three testined concerning the request, and Village staff Mr. Said provided an overview of the project. The testimony and overview included the following information: The subject site is 8220 N. Austin Ave., located on the west side of Austin, north of Dakton Street. The proposed tenant space for Fear City is approximately 1/3 to 1/2 of the way baci: along the building, with at least one tenant within the building in front of Fear City's space towards Austin Ave. and more tenants to the west of the Fear City space. The building is laid out on an east west axis, perpendicular to Austin Ave. The site is bounded on the east by Austin Ave., with residential uses across the street, on the north and south by industral uses, and on the west by the Milwaukee North railroad tracks (with Lehigh Ave, and industrial uses beyond the railroad tracks to the west), Feat City plans to occupy at r/- 39,000 square foot tenant space for their haunted house business. The facility will include a customer waiting area with vending services (warmed food, Richard T. Flickinger Municipal Center 6101 Capulina Avenue a .Morton Grove; Illinois 606153 -2485 Tel: (847) 965 -4100 Fax: (847) 965 -416, soft drinks, Fear City apparel), in addition to the primary haunted house entertainment area. The applicant proposes to have the facility open a maximum of 30 days during the year for the Halloween season, with hours from 7 pm — 11 pm Monday — Thursday, and 7 pm — 12 am Friday and Saturday nights. (Discussion during the public hearing indicated that the applicant also desires to have the facility stay open until 12 am on October 30 and 31, so the conditions of approval reflect that request). Village staff provided an overview concerning the request, specifically the following items: • The proposed text amendment was researched and developed using material from the APA (American Planning Association;; the definition was purposely kept general to be flexible enough to address future uses that may wish to locate in the M2 District. • The proposed definition for the Unified Development Code reads as follows: Entertainment Use: An establishment that provides entertainment and /or recreational activities for a fee to visitors. Any type of adult use, gambling, or intertrack wagering facility is specifically excluded from this definition. • Staff proposes that this use only be allowed as a special use in the M2 District. The unique nature of entertainment uses, especially as to hours of operation, traffic patterns and other factors makes them significantly different than typical M2 businesses. At the same time, an amendment allows for future flexibility for possible adaptive re -use of industrial areas. • This use's proposed operating hours, which are evenings and weekends, do not coincide with operating hours of most of the businesses in this area, which helps reduce potential traffic issues. • The business activity will be limited to approximately 1 month per year, while the remaining 11 months of the year, the use will remain in place, which essentially means it will be a storage facility with minimal traffic to- and -from the business. The applicant testified concerning this request, specifically the following items: • Business projections indicated possible attendance of 20,000 over the Halloween holiday period. This translates to an average of up to 1,000 attendees per day, over a several hour period. However, traffic volume can be accommodated on local roads, and is somewhat less than other uses might generate as it is spread out over a several hour period. Also, vehicle occupancy for visitors is higher than normal, as visitors to this type of 'business typically do so as a group outing. • The proposed customer base will be regional in nature, with many visitors from other communities. Ticket prices will be in the $20 - 30 range for each person. No one under the age of 12 will be permitted. • Traffic and parking will be monitored by on -site parking attendants and off -duty police officers that will help direct traffic, guide visitors to the parking lots, and otherwise help maintain order of outdoor operations. • Over 250 spaces are available on the site itself, and parking agreements have been reached with adjacent property owners to the north and south, allowing a parking capacity of 400 cars. All parking will be provided free of charge. • Parking attendants and off -duty police will monitor possible parking off -site, especially from the adjacent residential area. Should they observe visitors walking across Austin Ave., the visitors will be instructed to return to their vehicles and park in designated areas. • Fire Department recommendations will be met with appropriate sprinklers, access ways, emergency exits, and any other required improvements. After conclusion of the presentation, the Commission then posed a number of questions and comments concerning the proposal. Commission questions and applicant responses (in parentheses) are summarized as follows: • Where are all the parking spaces provided? Are they all on -site? (Over 250 spaces will be provided on -site, with the rest from the buildings to the north and south; agreements have been reached with these buildings to use this parking during Fear City's hours of operation, which are after these businesses close.) • What days will the business be open? What about the hours of operation? (Fear City will be open approximately 21 days during October, with some additional days possible for group outings. Upon further discussion, the applicant concurred with the Commission's recommendation for a condition of approval to identify a 30 -day maximum opening period.) • Will signs be provided indicating the business and parking? identification signs will be provided in front and on the building at the place of business, along with some temporary signs at access driveway. Attendants will also be on hand to guide drivers to parking.) • Will vending be provided? (Yes; this will consist of Fear City appare! such as hats and t- shirts, and warmed food likely from area restaurants. Soft drink service is also planned; no liquor will be served at this business.) • What are the planned hours? (Hours will be Monday — Thursday 7 pm —11 pm; Friday — Saturday 7 pm — 12 am. The applicant also requested an exception to allow opening until 12 am October 30 -31, no matter which days these dates are on, and the Commission agreed to this request, which is reflected in the conditions of approval.) • Does Fear City anticipate opening this year? (Yes.) • Do you see an opportunity for using this business during the other 11 months of the year? (That's not likely at this time( but if the opportunity arises, the applicant would need to return to the Plan Commission for an amendment to the special use.) During discussion, the Commission emphasized that this business, if approved, would be required to adhere to the Standards for Special Uses and the approved conditions. If the business did not meet these requirements, then the special use could be withdrawn by the Village. After Commissioner questions were concluded, any members of the public in attendance were invited to express their views on the Project. They included the following individuals: tric Poders, 7040 Foster Ave., with positive comments about the proposal; that it's a good reuse of industrial space. He mentioned that sound could be reduced by using sound absorption suspended from the ceiling (applicant responded that such equipment would block pre sprinklers, and that sound should be contained on site and within building due to layout and interior activities). • Jody McKeown, 5944 Monroe, with concerns about teenagers, property damage, volume of visitors, and bad precedent this would set. • Alison and Randy Giuffre, 5944 Monroe, with concern about parking problems, underage drinking /substance abuse, trespassing, violence, noise and trafric. b Colin hoather of Magra'oar (neighboring business at 6100 Madison C-L.), with questions concerning parking and truck traffic. ® jack Malloy, 5937 Washington, with questions about benefits of this business for Morton Grove, and concerns about emergency service requirements, and that the business should go somewhere eise. Joseph Borst, 8340 Callie, with questions about marketing, and concerns about volume of visitors. The applicant and Commissioners responded to these concerns with a number of points including the following: • The relatively higher admission price (around 525 on average) will reduce negative elements by making this site a destination. Therefore, there will not be as much "pass -by" traffic, and external issues such as criminal activity will not be as likely. 6 Fear City will emphasize good neighbor relations with parking attendants and off - duty police constantly monitoring traffic and parking locations, including redirecting people from parking in adjacent residentiai areas to the ample parking on the subject site and adjacent available lots. ® The special use can be rescinded if the conditions of approval and standards for special use are not met (this was mentioned a few times during the proceedings). • The traffic volume is spread out over several weeks and several hours during each evening the business is open,. • Fear City staff will clean up the site on a nightly basis to maintain a clean appearance and optimal site conditions. ® Vehicle occupancy will be higher for visitors to this site, as this type of business is typically seen as a destination for group outings. Findings of Fact The applicants also testified to the applicable Standards for a Special Use as specified in Sec. 12- 16-4C of the Unified Development Code, The Commission concurred with testimony from Mr. Oieson, Mr. Grendys, and Mr. Duffy, and based their decision on, these findings. The proposed use will be monitored and managed to maintain the public health, safety and welfare through its operations with parking monitoring and off -duty police assistance. The proposed use provides an additional entertainment opportunity for the public. 2. Adjacent Properties — The Special Use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the uses permitted in the zoning district. The proposed business will operate during hours that are not the same as the typical industrial business operating hours, which will minimize difficulties with adjacent properties and provide more use for otherwise unused areas. Parking and traffic attendants will be used to keep parking on the site. 3. Orderly Development establishment normal and orderly development or impede the utilization of surrounding property for uses permitted in the zoning district, The existing property is located within the M2 General Manufacturing District, and the project is using a portion of an existing building to its fullest extent. This site and all surrounding sites are already fully developed and used, and this use does not change that status. 4. Adequate facilities — Adequate utilities, access roads, drainage and other necessary facilities are in existence or are being provided. The use of this existing tenant space for an entertainment use (haunted 'house) does not change requirements for utilities or drainage. 5. Traffic Control — Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the public streets. The proposed use of the subject site should not draw substantial amounts of traffic on local residential streets. The applicant provided a traffic and parking plan that the Commission found acceptable for this use. The applicant also testified that parking attendants and off -duty police personnel would be employed to assist with parking and traffic circulation. The applicant's business will use existing access points, and thereby will maintain the existing traffic flow pattern. fencing 6, Adequate Buffering — Adequate provided , ensure the right of , of ro , g properties to provide i o , f... safety or to screen parking t other visually incompatible The Fear City tenant space is located over 400 feet away from the nearest residential use to the east, and will use existing parking on its site and adjacent industrial sites away from the residential area, so existing buffering will be maintained as is. 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- 3A2, may be considered by the Plan Commission and the village Board of Trustees as a part of the special use permit. The proposed Special Use will be required to meet all Village Codes and Ordinances, and otherwise the proposal and the building appear to conform to applicable zoning requirements. Commission Recommendations Text Amendments: Commissioner Dorgan moved, and Commissioner Shimanski seconded, to recommend approval of the Text Amendments as requested. The motion carried: Yes 6; No 0; Absent 1 The voting: Chairman Farkas Aye Commissioner Blonz Aye Commissioner Dorgan Aye Commissioner Gabriel Aye Commissioner Ramos Absent Commissioner Roepenack Aye Commissioner Shimanski Aye Special Use: Commissioner Dorgan moved, and Commissioner Gabriel seconded, to recommend approval of the Special Use for this project. The motion carried: Yes 6; No 0; Absent 1 The voting: Chairman Farkas Aye Commissioner Blonz Ave Commissioner. Dorgan Aye Commissioner Gabriel Aye Commissioner Ramos Absent Commissioner Roepenack Aye Commissioner Shimanski Ave The Plan Commission's recommendation is subject to the following conditions: 1. The proposed Fear City facility shall be constructed and operated in accordance with the following: Floor Plan ( "Event GroundPian', dated 6/6/11 by D. Efird; O Elevation Plans pp. 3 and 4 of 5, dated 6/6/11, by D. Efird; B Lighting Plan (no date) submitted (information written on plat of survey copy); and @ Traffic Plan sheets A, B and C dated 06/02/11 by Ament, Inc. 2. The parking area on the subject site shall be repaved and restriped prior to issuance of a certificate of occupancy. 6 I Days of operation shall be limited to 30 days, all during the month of October. 4. Hours of operation shall be limited to 7 pm to 11 pm Sunday through Thursday nights, with the exception that on October 30 and 31 hours of operation shall be limited to 7 pm to 12 am, and 7 pm to 12 am Friday and Saturday nights. �. Prior to release of a certificate of occupancy, the applicant shall provide specific documentation verifying Strange Engineering's authorization of use of their driveway by Fear City customers. 6. Any proposed outdoor refuse and /or recycling areas shall be provided in a solidly screened enclosure area to be approved by the Building Commissioner. N Le2isiative Summary - - -� -- Ordinance 11 -25 AMENDING TITLE 4, CHAPTER 3, SECTION 9 ENTITLED LIQUOR CONTROL OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE Introduced: June I3, 2011 synopsis: This ordinance amends and updates Title 4, Chapter 3 to allow Class C license holders to obtain a Class Ll license at a reduced fee. Purpose: To add a provision to Title 4 Chapter 3 to allow Class C license holders to obtain a Class 11 license for $ I ,250.00, Background: The Village President, in his capacity as the Local Liquor Control Commissioner, directed staff to review and update the Village's liquor control ordinance. Village staff and especially Corporation Counsel's office therefore proposes Title 4, Chapter 3 of the Municipal Code be updated to include the following revisions: The annual fee,for a class H license held by a Class A, Class C or Class E shall be $1, 250.00 (Previously this reduced rate is allowed only, for class A and class E license holders). Programs, Departs l Liquor Control Commission, Village Administrator, Police Department, Finance Departmenf, or Groups Affected Legal Department I Fiscal Impact: 11 The adjustment will have a minimal impact on the Village's finances. Source of Funds: Not applicable Workload Impact: The implementation of this ordinance will be performed by the Village President, the Morton Grove Police Department, Finance Department, and Legal Departinenf. r Adjoin Approval as presented Recommendation: Second Reading: Required — Code Amendment (June 27, 201 1) Special None Considerations or Requirements: Respectfully submitted: Prepared and Reviewed by: T Wade, Villaee Administrator Liston, Corporation Counsel ORDINANCE 11 -25 AN ORDINANCE AMENDING TITLE 4, CHAPTER 3, SECTIONS 4 ENTITLED LIQUOR CONTROL OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove (Village), located in Cook Countv. Illinois. is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois. can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village is continuously reviewing and as it deems necessary updating existing Municipal Codes (Code) to assure they are kept current and relevant; and WHEREAS, Village staff and especially Corporation Counsel's office is proposing Tide 4, Chapter 3 of the Municipal Code be updated to include the following revisions: The annual, fee,for a class H license held by a class C shall be S1.250,00 (previously this reduced rate is allowed only for class 11 and class E license holders). WHEREAS, the proposed amendment is in the VilIage's best interest. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUST FES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 4, Chapter 3, Section 9 entitled License Classifications and Fees and License 4pplicartion respectively are hereby amended to read as follows: 4 -3 -9: LICENSE CLASSIFICATIONS AND FEES: A. Licenses shall be divided into the following classes: Class A full liquor: Licenses which shall authorize the retail sale on the premises specified of alcoholic liquors for consumption on said premises, and package sales for consumption off the premises where sold. _. Class B. beer /wine: Licenses which shall authorize the retail sale of beer and wine for consumption only on the premises specified. 3. Class C club consunption on premises: Licenses which shall authorize the retail sale of alcoholic liquors for consumption only on the premises in any "club ", as defined in this chapter. 4. Class D, full packaae sale: Licenses which shall authorize the retail sale of alcoholic Liquors, only in original packages for consumption off the premises and not for consumption on the premises where sold. d. Class E. restaurant full t c�uor: Licenses issued oniy to restaurants as defined in this chapter which shall authorize the retail sale of alcoholic liquor for consumption only on the premises and only when such sale is incidental to i:he sale and service of food eaten on the premises. It shall be unlawful for any holder of a class E license to sell or give alcoholic liquor to a patron who does not also order food. 6. Class F, food/1 ood specialty stores f, ull packaee sale: Licenses which shall authorize the retail sale of alcoholic liquors, only in original packages for consumption off the premises at an establishment where the principal business is groceries or drug store items, and is not the sale of alcoholic liquor or gasoline. A Class F license issued prior to January 1, 2011, to a licensee whose principal business is the sale of Zasoliue may be renewed if the licensee qualif es for said license in all other respects. 7. Class G, special event: Licenses which shall authorize the retail sale of alcoholic liquor only for consumption on the premises for special events as defined by this chapter. 8. Class H, caterers full liquor: Licenses which shall authorize the sale of alcoholic Iiquors for consumption on the premises where served and limited to invited guests at private functions. Such licenses shall be issued only to caterers as defined by this chapter and having a current Morton Grove business license. Catering establishments holding class 11 licenses must have food service available when liquor is being served. 9. Class I, caterers beer /wine: Licenses which shall authorize the sale of beer and wine for consumption on the premises where served and limited to invited guests at private functions. Such licenses shall be issued only to caterers as defined b_v this chapter and having a current Morton Grove business license. Catering establishments holding class I licenses must have food service available when beer and wine are being served. 10. Class J, temporary off premises: Licenses which shall authorize a holder of a class A, B, C or E license to sell alcohol (or for a class B license holder to sell beer and wine) for consumption at a designated premises other than the licensee's licensed premises for a specific period not to exceed three (3) days. 11. Class K temporary tasting uermit: License which shall authorize a holder of a class A, B, D, E or F license to provide small quantity samplings of alcoholic liquor for on- premise tasting purposes only in conjunction with a sales promotional effort. Said permit shall not exceed more than a six (6) hour period, and no more than one (1) permit per week shall be issued to any licensee. All such tastings must take place in a designated area of the licensed premise and shall be supervised by a person who has completed an alcohol sales and service training program pursuant to Section 4 -3 -14 (I) of this Code. B. All application, investigation, fingerprinting and annual license fees shall be paid at the filing of the application. If a new license (other than a class J or K license) is applied for after October 1, the first year's annual fee shall be reduced by fifty percent (50 %). In the event a license is not issued, any annual license fee prepaid with an application shall be refunded to the applicant less a one hundred dollar ($100.00) processing fee. All application and investigation 'f es shall he retained by the Village regardless of whether or not the person is granted a license. C. No more than the maximum number of licenses set forth below shall be issued for anv class of licenses. Each applicant for a license shall pay the fees set forth below: Maximum Number Of Licenses Which Application Investigation / May Be Class Fee Fingerprint Fee Annual Fee Issued Class A, full liquor $1,000 .00 Village's actual out $2,750 15 of pocket costs .00 Class B. beer/ 1.000-00 Village's actual out 2.500 .00 15 wine of pocket costs Class C, club/ 250 .00 Village's actual out 1,000 0 .00 4 consumption on of pocket costs premises Class D, full package 1,000 .00 Villages actual out 3,500 .00 10 sale of pocket costs Class E, restaurant, full 1,000 .00 Village's actual out 2.750 20 liquor of pocket costs .00 Class F, 1.000 .00 Village's actual out ut 500.00 15 stores, full package sale of pocket costs Class G, special event 0 .00 Viltage's actual out 0 .00 ? for an of pocket costs location at the same time; minimum 5 per ',..organization per year Class II, caterers, full 250 .00 Village's actual out 2.500 .001 5 liquor of pocket costs Class I. caterers. 250 .00 Village's actual out 1.000 .00 5 beer/wine ofpocket costs Class 1, temporary off 0.00 Village's actual out 50 .00 per day 6 per year per premises of pocket costs licensee Class K temporary 0.00 Village's actual out 50 .00 per day I per week tasting permit of pocket costs per licensee Note: The annual fee for a class H license held by the same licensee holding a class A, class C or class E license shall be S1,250.00. (Ord. 06 -20, 6 -12 -2006; Ord 11 -25, 06- 27 -11) SECTION 3: The teens and conditions of this ordinance shall be severable and if any section, term, provision, or condition is found to be invalid or unenforceable by any reason by a court of competent jurisdiction, the remaining sections, terms, provisions, and conditions, shall remain in full force and effect. SECTION 4: In the event this ordinance or any code amendment herein is in conflict with any statute, ordinance, or resolution or part thereof, the amendments in this ordinance shall be controlling and shall supersede all other statutes, ordinances, or resolutions but only to the extent of such conflict. Except as amended in this ordinance, all chapters and sections of the Village of Morton Grove Village Code are hereby restated, readopted, and shall remain in full force and effect. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 27`x' day of .tune 2011. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee "'hill Trustee Toth APPROVED by me this 27`' day of June 20 t 1. Daniel J. Staackmann, Village President Village of Morton Grove Cook County. Illinois ATTESTED and PILED in my office this 28 '1' day of June 2011. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Ordinance 11 -28 —� AN ORDINANCE TO AMEND THE VILLAGE OF MORTON GROVE 2011 BUDGET TO ACCOUNT FOR REVENUES /EXPENDITURES FROM THE 2011 MORTON GROVE DAYS FESTIVAL Introduced Synopsis: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: Respectfully submitted: June 27, 2011 To amend the Adopted 201 1 Budget for revenues /expenditures from the 201 1 Morton Grove Days Festival. 3,000 $ 1 37,500 To reflect current cost estimates for the 201 1 Motion Grove Days Festival, The 201 1 Budget was adopted by the Village Board on December i.;,, 2010. Subsequent to that adoption. die Village of Morton Grove has assumed responsibility for the planning and management ofthe 2011 Morton Grove Days Festival. This budget amendment will account for and incorporate the proposed expenses /revenues into the Village's General Corporate Fund, The net effect of this amendment is anticipated to have no impact on the Village's fund balance since revenues are projected to meet all expenses for this event. However, certain conditions, such as weather and attendance, are beyond staffs' control and could ultimately impact actual results. Finance Department The amount shown will zero out at the conclusion of the festival and should not impact the 2011 Village's budget allocation. Account number and Name Revenues: 020000 - 492021 Donations fees, and event sales Expenses: 020509 - 551120 020509 - 552120 020509 - 552130 020509 - 555) 40 020509 - 557130 020509- 564100 Net Surplus /Deficit Dues and Subscriptions Postage Printing and Publishing Community Entertainment Self - Insurance Operational Supplies Amount $158,000 S 500 $ 1,000 S 3,000 $ 1 37,500 $ 1,000 $ 15,000 S 0 The management and implementation ofthis work will be performed by the Village's Finance Department as part of their normal work activities. Approval as presented. July 11,2011 The Municipal Code requires a majority vote by two - thirds of the Board for approval of any budgiet amendment ordinance. Joseph F. Wade, Village Administrator Reviewed by: Ry me, Finai ce Director /Treasurer Reviewed by: 'Teresa Hoffman Liston, Corporation Counsel AMENDING THE VILLAGE OF MORTON GROVE 2011 BUDGET TO ACCOUNT FOR REVENUES /EXPENDITURES FROM THE 2011 MORTON GROVE DAYS FESTIVAL 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, pursuant to Ordinance 10 -23 the budget for Calendar Year 2011 was adopted by the Board of Trustees on December 13, 2010; and WHEREAS, the 2011 Calendar Year Budget document represents an estimate of revenues available to the municipality for the fiscal year together with recommended expenditures for the municipality pursuant to good fiscal management practices: and WHEREAS, pursuant to Title 1, Chapter 9E, Section 6 of the Municipal Code of the Village of Morton Grove, the Corporate Authorities may from time -to -time amend its adopted budget by a vote of two - thirds of its members; and WHEREAS, from time -to -time changing circumstances and priorities may necessitate amendments to the budget document; and WHEREAS, the Village of Morton Grove assumed responsibility for planning and management of the 2011 Morton Grove Days 4 "' of July Festival; and WHEREAS, it is necessary and proper to amend the original budget document to provide for the revenues /expenditures for the 2011 Morton Grove Days 4 "' of July Festival. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Corporate Authorities do hereby amend the 2011 Adopted Annual Budget to add revenues /expenditures for the 2011 Morton Grove Days 4`1� of July Festival as follows: Account Number and Name Revenues: 020000- 492021 Expenses: 020509 - 551120 020509- 552120 020509 - 552130 020509- 555140 020509- 557130 020509 - 564100 Net Surplus /Deficit Donations, fees, and event sales Dues and Subscriptions Postage Printing and Publishing Community Entertainment Self - Insurance Operational Supplies Amount $158,000 $ 500 $ 1,000 $ 3,000 $137,500 $ 1,000 $ 15,000 $ 0 SECTION 3: The Village Administrator and Director of Finance/Treasurer and /or their designees are hereby authorized to make the necessary adjustments to the budget as reflected in SECTION 2 above. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval and publications in pamphlet form according to law. PASSED THIS I I °' day of July 2011, Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thi ll Toth APPROVED BY ME THIS 1 1"' DAY OF July 2011. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois AT'T'ESTED and FILED in my office This 12"' DAY of July 2011 'Pony S. Palogerakos, Village Clerk Village of Morton Grove Cook County, Illinois L,e2isiative Summary Ordinance Ii -20 �� AMENDING TITLE 5, CHAPTER 7 OF THE VILLAGE OF MORTON GROVE MUNICIPAL CODE ENTITLED ABANDONED, INOPERABLE, HAZARDOI?S AND UNLAWFUL VEHICLES Introduced: Objective: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: Respectfully submitted: Julie 11 2011 To amend Title 5. Chapter 7 of the Municipal Code entitled Abandoned, Inoperable, Hazardous and Unlawful Vehicles, The Police Department has reviewed and wishes to clarify Village laws and procedures regarding the disposal of unclaimed towed vehicles so it is consistent with the Illinois Vehicle Code. As part of a regular review of the Municipal Code, the Police Deportment staff reviewed Title 5, Chapter 7 which regulates abandoned, inoperable, hazardous, and unlawful vehicles. This chapter sets forth Village regulations for the determination of abandoned, inoperable, hazardous, and unlawful vehicles, regulations regarding the towing of said vehicles from public and private property, owners rights with respect to said vehicles, and the procedure for disposing of unclaimed towed vehicles. The Police Department staff recommended Section 8 of this Chapter be amended in order to make the regulations regarding the disposal of towed vehicles consistent with the Illinois Vehicle Code, and in particular 625 IL,CS, 514 Sections 208 through 215. When approved, Village ordinance will incorporate these parts of the State statute by reference. Police Department The adjustment to this ordinance and the fines imposed as a result will have minimal impact on the Village's finances. Not applicable The implementation of this ordinance will be performed by the Police Department as part of their normal duties Approval as presented. June 27, 2011 None Z ✓T, A e, Vi Reviewed by: L 0 c ark Eric on, oliP ce Chief Prepared by a inistrator Teresa Hoffman Oil Counsel AN ORDINANCE AMENDING A SECTION OF TITLE 5, CHAPTER 7 OF THE VILLAGE OF MORTON GROVE MUNICIPAL CODE ENTITLED ABANDONED, INOPERABLE, HAZARDOUS AND UNLAWFUL VEHICLES WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village is continuously reviewing and as it deems necessary updating existing Municipal Codes (Code) to assure they are kept current and relevant: and WHEREAS, Village staff, especially the Chief of Police has recommended Title 5, Chapter 7 of the Municipal Code of the Village of Morton Grove be amended entitled Abandoned, Inoperable, Hazardous and Unlawful Vehicles as further set forth in this Ordinance; and WHEREAS, Section 5 -7 -8 regulates the disposal of towed vehicles and the Police Department would like to clarify and update this particular section to coincide with the Illinois Vehicle Code: and WHEREAS, the Corporate Authorities have determined in order to protect the public safety, health and welfare of the Village of Morton Grove it is reasonable, appropriate, and necessary to update and amend Title 5, Chapter 7 of the Municipal Code of the Village of Morton Grove as set forth in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 5, Section 7 entitled Abandoned, Ino ])erable, Hazardous and Unlawful Vehicles of the Municipal Code is hereby amended to read as follows: CHAPTER 7 ABANDONED, INOPERABLE, HAZARDOUS AND UNLAWFUL VEHICLES SECTION: 5 -7 -1: Definitions 5 -7 -2: Nuisances Declared and Prohibited 5 -7 -3: Further Restrictions 5 -7-4: �.baternent of A vhiigAnr,p hu ()arnAr 5 -7 -5: Authorization for Towing 5 -7 -6: Pre -tow Notice and Hearing Procedure 5 -7 -7: Post -tow Notice and Hearing Procedure 5 -7 -8: Disposal of Towed Vehicle 5 -7 -9: Penalty 5-7-1: DEFINITIONS: All words, terms have the meanings ascribed to them time -to -time, unless specifically defined otherwise phrases, when used in this chapter shall have the R the context clearly indicates a different meaning: and phrases, when used in this chapter shall in the Illinois Vehicle Codel as amended from in this chapter. The following words, terms and Blowing meanings ascribed to them except where ABANDONED VEHICLE A. A vehicle, other than a "hazardous" or "unlawful" vehicle, in such a state of disrepair that it is incapable of being driven; or B. A vehicle, other than a "hazardous" or "unlawful" vehicle, on a public street or in a public parking lot that has not been moved for a period of at least seven (T) days and appears to have been abandoned by its owner based on: 1. Its condition: 2. The period during which it has not been moved; or 1 Other circumstances indicating abandonment; or C. A vehicle on private property without the consent of the property owner, proprietor or agent; or D, A vehicle, parked on private property in violation of any village ordinance; or E. A vehicle, other than a "hazardous" or "unlawful" vehicle - defined as abandoned, or subject to being towed, by any ordinance of the village. HAZARDOUS VEHICLE A. A vehicle on a public street that has been involved in an accident and is disabled or cannot be immediately moved by the owner or operator of the vehicle; or B. A vehicle that presents an immediate danger to the health or welfare of members of the public; or C. A vehicle on a public street that is blocking access or is impeding the orderly flow of traffic or poses a potential danger to pedestrians or operators of othe r vehicles, or is blocking access to legal parking spaces; or D. A vehicle that is parked in such a way as to block access to a fire hydrant. E. A vehicle illegally parked which prevents and obstructs snow removal from public streets or public parking tots. F. A vehicle that is illegally parked in a fire lane or other marked "tow away" zone. HEARING OFFICER The duly appointed administrative hearing officer of the village, or a special hearing officer appointed by the village administrator to hear and determine the validity and authority to tow a vehicle pursuant to this chapter. Said hearing officer shalt be an officer or employee of the village but not be a person involved in the initial request or decision to tow the vehicle in question. INOPERABLE MOTOR VEHICLE Any motor vehicle other than a "hazardous" or "unlawful" vehicle from which, for a period of at least seven (7) days has a flat tire, the engine, wheels or other parts have been removed, altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power, but not: A. A motor vehicle which has been rendered incapable of being driven under its own motor power in order to perform ordinary service or repair operations for not more than ten (10) days; B. Any motor vehicle housed within a building when not in use; C. Duly licensed historic vehicles over twenty -five (25) years of age; or D. A motor vehicle on the premises of a place of business legally engaged in the wrecking orjunking of motor vehicles. OWNER A person who holds legal title to a vehicle or the right to possession of a vehicle. PERSON Any person, firm, partnership, association, corporation, company or organization of any kind. STREET The entire width between the boundary lines of every, way publicly maintained when any part thereof is open to use of the public for purpose of vehicular travel. Also known as "highway" or "public way" or "alley ". UNLAWFUL VEHICLE A. A vehicle that has been reported stolen or is the subject of a search and seizure by the police department. B. A vehicle parked in violation of any law that authorizes the seizure, towing or removal of the vehicle. C. A vehicle parked on a public right -of -way or a public parking lot from which license plates and/or VIN numbers have been removed or made illegible and the owner is not known or cannot be located. VEHICLE A machine propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners or sliders and transport persons or property, or pul I machinery and shall include, without limitations, automobiles. truck and /or trailers, motorcycles, tractors, RVs (recreational vehicles) and wagons. (Ord. 05 -02, 1 -24 -2005) 5 -7 -2: NUISANCES DECLARED AND PROHIBITED: All inoperable, abandoned, hazardous, and unlawful motor vehicles, whether on public or private property, are nuisances and are unlawful and prohibited within the corporate limits. (Ord. 05 -02, 1 -24 -2005) 5 -7 -3: FURTHER RESTRICTIONS: Nothing contained herein shall be construed as limiting those requirements of federal or state laws, nor shall this conflict with any other provisions of this code which regulates more strictly any of the subjects of this chapter. (Ord. 05 -02, 1- 24 -2005) 5 -7 -4: ABATEMENT OF NUISANCE BY OWNER: A. It is the responsibility of the owner of any inoperable, abandoned, hazardous, or unlawful motor vehicle to remove such vehicle, cause it to be towed, or enclose it in a garage. B. Upon notice to remove any inoperable, abandoned, hazardous, or unlawful motor vehicle, the movement of several feet or change of direction shall not constitute removing said vehicle and abating the nuisance. (Ord. 05 -02, 1 -24 -2005) 5 -7 -5: AUTHORIZATION FOR TOWING: A. Abandoned, or inoperable vehicles may be towed pursuant to the procedures as set forth in section 5 -7 -6 of this chapter. B. hazardous and unlawful vehicles may be immediately towed without notice. C. The towing of any operator approved other officer or en circumstances and vehicle pursuant to this chapter by the village or by any towing service by the chief of police shall be authorized only by the chief of police or such ployee as the chief of police shall authorize, and only under the in accordance with the procedures herein provided. D. Towed vehicles shall be impounded only at facilities approved by the chief of police until lawfully claimed or disposed of pursuant to provisions of this chapter or the laws of the state. F. The village, its officers or employees shall not be liable for any damage to anv vehicle which occurs as a result of the towing and storaee of any vehicle under the provisions of this chapter. F. Nothing in this chapter shall prohibit the towing of vehicles in accordance with article II of chapter 4 of the Illinois vehicle code? or with section 5 -1 -3 of this title. (Ord. 05 -02, 1 -24- 2005) 5 -7 -6: PRE TMN/ NOTICE AND HEARING PROCEDURE: A. Written Notice of Intent to Tow: Not less than seven (7) days prior to towing any motor vehicle on private property or any inoperable or abandoned motor vehicle on a public street, the village shall send, via regular U.S. mail, written notice of its intent to tow the vehicle to the owner of the vehicle at the address indicated in the most current registration list of the secretary of state of the state in which such vehicle is registered. The notice shall provide: A description of the make, model, year and color of the vehicle: and 2. The vehicle identification number, and the number and state of the license plate displayed on the vehicle; and The location of the vehicle and a description of the circumstances indicating the basis for towing the vehicle; and A statement that the village will tow and store the vehicle at the expense of the owner if the vehicle. is not moved, and if the vehicle is not claimed by a certain date, it will be sold; and 5. A copy of this chapter or a description of the owner's rights to contest the IegaIity of the towing and a telephone number of the village through which the owner may obtain more information. B. Public Street: Notice: If the vehicle is on a public street or if otherwise permissible, a sticker or notice stating the village's intention to tow the vehicle, the earliest date upon which the tow may take place and the address and phone number of the village's police department shall be attached to the vehicle. C. Pre -tow Hearing Procedures: The owner of a vehicle on private property to he towed as an abandoned or inoperable motor vehicle shall have seven (7) days after the date of mailing of the notice described in subsection A of this section to request, in writing, a pre tow hearing. The written request shall be delivered to and received by the police department within the seven (T) day period. Unless such a request is received within the seven (T) day period, any hearing rights under the provisions of this section shall be deemed waived. and the vehicle may be towed upon the issuance of administrative warrant authorizing the towing of said vehicle by the village's administrative hearing officer, or a special hearing officer appointed by the village administrator pursuant to section 5 -7 -1 of this chapter. 2. The village shall schedule a hearing within forty five (45) days of receipt of any proper request for same, and shall, not less than two (2) business days before such hearing, notify the owner of the date, time and location for such hearing. Notice may be given to the owner by telephone, by mail, in person or in such manner as is reasonable for the circumstances. Pending a final disposition of such hearing, the vehicle shall not be towed except pursuant to the procedures of this chapter applicable to hazardous or unlawful vehicles. 3. All hearings shall be conducted by a hearing officer who shall have the authority to require the presence of the enforcement officer who initiated the proposed tow or any, other village personnel and to require the presence of other witnesses at the hearing, and to issue administrative warrants. 4. After receiving all relevant evidence, the hearing officer shall issue a written decision based upon a preponderance of the evidence as to whether the towing of the vehicle is authorized by the laws of the state or the ordinances of the village, citing the specific statutory or ordinance section authorizing the towing. The owner shall be provided a copy of such decision. 5. If the hearing officer finds towing is authorized by this chapter, the hearing officer shall immediately issue and serve upon the owner of the motor vehicle or his agent an administrative warrant and order the vehicle be towed, with any towing and storage costs to be imposed upon the owner thereof. The fees to be charged for towing and storage services shall be two hundred fifty dollars ($250.00) for towing, plus fifty dollars ($50.00) per day for storage. The owner of the vehicle may avoid the towing by, within twenty -four (24' hours or such other time as specified by the hearing officer, removing the vehicle from the improper location to a proper, lawful location and correcting any hazardous or unlawful condition of the vehicle. 6. if the hearing officer finds towing is not authorized, the hearing officer shall direct the vehicle shall not be towed. The village shall furnish a copy of such decision to the owner, who may display it inside the vehicle. No vehicle about which such a decision has been rendered shall be towed by the village unless: a. The circumstances under which the decision was rendered have changed: and b. The procedures for towing similarly situated vehicles under this chapter are followed. All pre -tow hearing decisions, towing reports, and any associated police reports or documents shall be retained by the village's police department for a period of at least two (2) years after each hearing or after each tow if no hearing was requested or held_ Any such hearing will not be determinative of or adjudicate any violation of any village ordinance relative to the vehicle. (Ord. 05 -02, 1 -24 -2005) 5 -7 -7: POST -TOW NOTICE AND HEARING PROCEDURE: A. Written Notice: Except when an unlawful vehicle is towed pursuant to the authority granted by any federal or state statute, the village shall, not more than seven (7) days after the vehicle has been towed, send written notice the vehicle has been towed to the owner of the vehicle by regular U.S. mail at the address indicated in the most current registration of the secretary of state in which the vehicle is registered. The notice shall provide: A description of the make, model- year and color of the vehicle: and The vehicle identification number, and the number and state of the license plate displayed on the vehicle; and The location from and date on which the vehicle was towed, and a description of the circumstances indicating it had been abandoned or the basis by which the vehicle was towed: and 4. A statement the village has towed and stored the vehicle at the expense of the owner, and if the vehicle is not claimed by a certain date. the vehicle will be sold: and 5. A copy of this chapter, or a description of the owner's rights to contest the legality of the towing and a telephone number of the village through which the owner may obtain more information. B. Posted Notice: All approved towing service operators shall prominently post, at locations readily visible to the public transacting business at the towing facility.. at least one large sign with dimensions of at least twelve inches by eighteen inches (12" x 18"). describing the owner's rights to contest the legality of the towing and providing a telephone number of the village through which the owner may obtain more information. C. Post -tow Hearin glRelease of Vehicle Procedures: The owner of a vehicle towed who has not previously been afforded a right to a hearing shalt have five (5) business days after the date of mailing of the notice or the release of the vehicle, whichever occurs first, to request in writing a post tow hearing to determine the validity of such tow and any towing or storage charges. Said written request shall be delivered to the police department within said fourteen (14) day period, or the right to a post tow hearing under the provisions of this chapter shall be deemed waived. The hearing will not be determinative of or adjudicative of any violation of any village ordinance. 2. Upon any request for a post -tow hearing being made, the village shall schedule a date and time for such hearing as follows: a. In those instances where the vehicle has been released upon the full payment of towing and storage charges, the hearing shall take place within forty -five (45) days after the receipt of such request for such hearing, unless otherwise ameed by the owner and the village. Upon receipt of such request, but not less mun twc (2) business days before such hearing, the village shall notify the owner of the date and time for such hearing by telephone, by mail, or in person as the circumstances require. b. In those instances where the vehicle has not been released, the heaving shall take place., unless otherwise agreed by the village and the owner, within five (5) business days after such request for such hearing. Upon receipt of such request., the village shalt notify the owner of the date, time and location of such hearing by telephone, by mail, or in person as the circumstances require. 3. At said hearing, after receiving all relevant evidence, the hearing officer shall issue a written decision based upon a preponderance of the evidence finding that: a. The towing and storage of the vehicle was authorized by the laws of the state or by a village ordinance citing the specific statutory or ordinance section authorizing the towing. b. There was no authority in law for the towing and storage of the vehicle, or the vittage officer or employee causing the vehicle to be towed did not comply with the requirements of the statute or ordinance authorizing the tow. c. The towing of the vehicle was authorized by law, but the owner incurred additional storage charges because of late notification of towing or other reasons not the fault of the owner. The specific amount owed by the owner and the specific amount excused shall be stated in the decision. d. The request for hearing was not properly made. e. The person requesting a hearing failed to appear or obtain a continuance. The hearing officer shall advise th findings e owner of his at the conclusion of the hearing, as follows: a. If the towing and storage was authorized by law and is not otherwise reimbursable, the owner shall be so informed and further advised as to the amount of fees currently due. b. If the towing and/or storage fees are found to be unauthorized or reimbursable in whole or in part: 1) If the vehicle has been released to the owner, the hearing officer shall direct the chief of police to take such steps necessary to reimburse the owner in an amount to be determined by the hearing officer. 2) If the vehicle has not been released at the time of the hearing, the hearing officer shall issue an order for the release of the vehicle. Upon presentation by the owner to the towing service operator of the order for release, the vehicle shall immediately be released to the owner upon payment by the owner of such towing and storage fees as determined by the hearing officer. 5. The village or the owner may contest the decision of the hearing officer in any manner provided by taw. 6. All decisions, towing reports, and any associated police reports or documents shall be retained by the police department for a period of at least two (2) years after such hearing or after each tow if no hearing was requested or held. (Ord. 05 -02, 1 -24 -2005) 5 -7 -8: DISPOSAL OF TOWED VEHICLE: Any time after the date of a hearing decision, if a hearing is timely requested pursuant to this chapter, or the expiration of the period for requesting a tow hearing, if no hearing is requested, any vehicle towed pursuant to this chapter may be sold, junked or salvaged as authorized by the police department in accordance with applicable . provisions of the Illinois Vehicle Code, 625 ILCS 5/4 208 -215 as may be amended from time to time. Such provisions are hereby incorporated by reference herein, 5 -7 -9: PENALTY: Any person violating any of the provisions of this chapter shall be fined in accordance with Title 1, Chapter 4 of this Code. (Ord. 08 -22, 5 -12 -2008) Footnote 1:625 ILCS 5/1 -101 etseq. Footnote 2� 625 ILCS 5/4 -201 SECTION 3: This Ordinance is an exercise of the home rule authority of the Village of ,\401-1011 Grove and is intended to and, to the fullest extent allowed by the constitution of the State of Illinois, shall be construed as to supersede any contrary or conflicting state, county, or local rule or regulation. SECTION 4: If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction,, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 5: In the event this ordinance or any part thereof is in conflict with any statute, ordinance, or resolution or part there, the amendments in this ordinance shall be controlling and shall supersede all other statutes, ordinances, or resolutions but only to the extent of such conflict. Except as to code amendments set forth above in this ordinance, all chapters and sections of the Morton Grove Village Code as amended shall remain in full force and effect. SECTION 6: In all other respects not inconsistent with this ordinance, all Village Codes are hereby reaffirmed. SECTION 7: This ordinance shall be in full force and effect from and after its adoption. approval, and publication as provided by law. PASSED THIS 27`' day of June 2011 Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS 27 °i day of .tune 2011 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILES in my office This 28`x' day of June 2011 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary ORDINANCE 11 -22 AN ORDINANCE ESTABLISHING THE PREVAILING RATE OR WAGES FOR LABORERS, MEC14ANICS AND OTHER WORKERS IN THE VILLAGE OF MORTON GROVE EMPLOYED IN PERFORMING CONSTRUCTION OF PUBLIC WORKS FOR THE VILLAGE Introduced Objective Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: Administrator Approval Prepared by: Teresa June 13, 2011 To establish prevailing wages for public works projects within the Village of Morton Grove. To comply with the requirements of the Illinois Prevailing Wage Act, 820 ILLS 130 et seq. Tile Illinois Prevailing Wage Act requires contractor and subcontractor to pay laborers, workers and mechanics employed on public works projects, no less than the general prevailing rate of wages as established by the Village. "Public Works" are defined by the Act to mean all fixed works constructed by any public body, or paid for wholly or in par( out of public funds. Each year during the month of June, the Act requires the Village to investigate and ascertain the prevailing rate of wages. This ordinance adopts the prevailing wage rates established by the Illinois Department of Labor for Cook County, Illinois as the prevailing wage rates for public works projects in Morton Grove. A schedule of these rates can be found at: http: // www.state.i1.us /agencv/ idol !rates ,'EVENMO /COOK9999_iitin. Upon passage of this Ordinance, the Act further requires the Village to post these rates or make them available for inspection by any interested party: file a certified copy of the Ordinance with the Secretary of State and the Illinois Department of Labor; and publish a notice of these rates in a newspaper of general circulation within the Village, Administration and Legal Departments Not applicable. Not applicable. The implementation of this ordinance will be performed by Corporation Counsel. Approval as presented. Required, June 27, 201 1 None (kd .. V,illageAdministrator If Corporation Counsel ORDINANCE 11 -22 ESTABLISHING THE PREVAILING RATE OF WAGES FOR LABORERS, MECHANICS AND OTHER WORKERS IN THE LOCALIT)' OF THE VILLAGE OF MORTON GROVE EMPLOYED IN PERFORMING CONSTRUCTION OF PUBLIC WORKS FOR THE VILLAGE WHEREAS, the Village of Morton Grove ("Village"). located in Cook County, Illinois. is a home rule unit of government under the provisions of Article VII, Section 6 of the 1970: and WHEREAS, the State of Illinois has enacted "An Act regulating wages of laborers, mechanics and other workers employed in any public works by the State, County, City or any public body or any political subdivision or by anyone under contract for public works ", approved June 26, 1941, as amended, being Chapter 820 ILLS 130/1 -12, Illinois Compiled Statues; and WHEREAS, the aforesaid Act requires that the Village of Morton Grove investigate and ascertain the prevailing rate of wages as defined in said Act for laborer, mechanics and other workers in the locality of the Village of Morton Grove employed in performing construction of public works, for the Village; and NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: To the extent and as required by "An Act regulating wages of laborers, mechanics and other workers employed in any public works by the state, county, city or any public body or any political subdivision or by anyone under contract for public works" approved June 26, 1941, as amended, the general prevailing rate of wages in this locality for laborers, mechanics and other workers engaged in the construction of public works coming under the jurisdiction of the Village of Morton Grove is hereby ascertained to be the same as the prevailing rate of wages for construction work in the Cook County area as determined by the Department of Labor of the State of Illinois as of June 2011, a copy of that determination being attached hereto as Exhibit "A" and incorporated herein by reference. The definition of any terms appearing in this Ordinance which are also used in the aforesaid Act shall be the same as in said Act. SECTION 3: Nothing herein shall be construed to apply said general prevailing rate of wages as herein ascertained to any work or employment except public works of the Village of Morton Grove to the extent required by the aforesaid Act. SECTION 4: The Village of Morton Grove shall publicly post or keep available for inspection by any interested party at 6101 Capulina Avenue, Morton Grove this determination ofsuch prevailing rate of wage. SECTION 5: The Village of Morton Grove shall mail a copy of this determination to am; employer, and to any association of employers and to any person or association of employees who have filed, or file their names and addresses, requesting copies of any determination stating the particular rates and the particular class of workers whose wages will be affected by such rates. SECTION 6: The Village of Morton Grove shall promptly 'le a certified copy of this Ordinance with both the Secretary of State Index Division and the Department of Labor of the State of Illinois. SECTION 7: The Village Administrator shall cause a notice to be published in a newspaper of general circulation within the area the determination of prevailing wages has been made. Said notice shad conform substantially to the notice attached hereto. Such publication shall constitute notice that this is the determination of the Village of Morton Grove and is effective. SECTION 8: This Ordinance shall be in full force and effect from and after its passage and approval PASSED THIS 27`a day of June 2011. Trustee DiMaria Trustee Gomberg Trustee Greer Trustee Marcus Trustee ThilI Trustee 'Toth APPROVED by me this 27 °' day of .Tune 2011. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 27`x' day of June 201 I Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook Cotmty, Illinois legis \ordAprevailing wage Cook County Prevailing Wage for June 2011 Page 1 of" Cook County Prevailing Wage for June 2011 Trade Name R TYr. C Ease FRIMAN *M-F >8 OST JSr 3; /W r. '7- PBRSaC l °Ra ASEEQrrIo S ABT -CEN ALI., 35.20' 7;,.700 1 S LTC 10, 63 E, 0.000 0.4 CG A °BE°TOS AST -MEC BLD 32.29' 0.000 1.5 1 2.0 10.82 10.66 0.00'1 C 62 BG:L..RtoAKER BLD 92.020 46.891 2.0 2.01 2.01 6 LO 9.?9, 01)0( C '. 50 dRTCI M.'SON 3LD 39.03 12 930 1.5 2.0 8 Su0 "0.6, '`.001 CARPFNEO 4 '- r 4�L C "- 4"' 77rr y, 1 2.0 9. 9.7a o0o 770 CE WENT MASUN ALL 4 j . S 01 4°.Ls50 I.G 1 2.0 9 850 10. ^n r 0 0 CERAMIC,I F \Si=EY, BLD 33.610 0. ^v00 2.01 ?. %.0 6.950 8. 120 D, OCC ;1.540 'OMM ELECT. BLD 36.440 38.94_0 1.5 _ 2.0 8 420 8.410 0.000 0.700 °WB cOVM A- 40.850 46.431' 2F 'T2.90 0.000 0.310 1 S.,EC"' PNJR GRNIMAN ALL 37 -. 860 46.430 .5 _ 1 8 C 10. - f' JOG :,.240 L E " T R I C PWR 'INEMAN ALI 401 .850 46.430 _.5 1 ;: ',O. �T 1 ?. °8 ;;.OJC .: ,,1 C' - "k.�CTRICSAN A I, L 49.40( 43.000, 1 0 17 p-! 7.4 C ,,.0�1 a. 750 r EVPTOR CONS E L D 47.410 53.340 2 0 2 0 lc 53 '0.77 2.841 ('.0131 FENCE ERECTOR ALL 32. 6 6 C 34.660 �.� ; 2.0 1C 6. . J. t C OJG G. S0'J - LAZ". E, F BLD 7& 000 39.500 7 D 2 ( .0 10 19 ,4 4 001 C 7% HT/FROST TTN = ATOR BLD 43.050 ^S. j50 1.5 1 1.0 iL 6� .8' - o ':.0001 6 0 IRON WORKER AL 40 750 42 750 2 .0 2.0 2.0 2 [, ?-' 09 000 '. ?O,) LABORER ?aLI. -4 .201 .351; _.5 _ ,_.^ 11.6; 8 57 0 0.000. '.450 k HER 0 ALL 40.77 4°.771 1 5 5 2.0 9.84C g.79C 1.000 0.990 'QI>' ,�iII S BLD 45 160 4 16C 5 1 L 7 640. 8. 70C 000 C.LCO MARBLE ciN� HERS ALL 29 100 C 000 5 2,0 8.801 10.6 L.000 0.740 MARBLE v SON EEC 39. 130 42.930 ' 0 8 801 "„'. r.i MATER A. 'PESTER I ALI,, ?_5.200 0.000 F_ 5 2.0 Ir.63 8.5 )C 0.000 MP_ " - 'EE T AL ^E° ER ii ALL 30. 200 x.000 1 2.0 71.63 8.5 7 0 C. 000 C- 45(, ALL 40.770 42,775' „ 1 5 2.0 9.840 9.790 4 CG;i 49 5., O' =c.BF iN S F Ni. N, 00 4s. _0'', 2 2 .1 70 8.050 .90! 50 GPEf;A T?ivC; ENG -NsEB BLD 2 45. 8 0 C 49, T0 2.0 2 .0 ].1 70 8.06 .. 90!? 151. G°ERA....TNo ENG.'NEER BL'D 3 41.250 49.:',.00 2.0 2 . C 2.0 11 70 8.!;5v �.90/ OPERATINI" ENG VEER BLD 4 39.500 49.'_00 2.01 2 .0 2.0 1.: T(! E.G;)C' :..900 O OPERATING ENFiNEER BLD 5 48.850 49.''.00 2.G 2.01 2.0 1 "7.717 8.05!` 1 9G'T.15C 0DERAT_NG ENGINEER BLD 6 46.100 49.100 2.� 2.0 11.70 8.050 1.900 :..150 OPERA`r V� ..Nr" "INFER BLD T 48,100 49.100 2.0 �.�' ^.0 72 00 1.900 .150 O?ERZ: T I N G E G bIEEIN FLm ;. 4._. 30C .,._.300 =..5 1. > r " 0 E.050 1.900 T. 1'71 OPERA '.NG ENG'.'N E E3 FLT 2 99.800 .310 =.5 1. 2.^ 1 0 E,.0 7.910 CPYRA N LNG 1dEER FLT 44 +5G .:'.310 ,..., _.5 _.O '�, �.90; 1501'; CPERA71NG ENS N ER F 4 36.856 5''..301 '/ 8.05 ... 9 ^0 OnE_A TNr. ENG I LEER HWY T 43.300 47.300 1.5 2.0 11.70 8.05 ".901 _ 50 O, R & -.T >\ ENG J,=ER H��WY 2 97.300 I.5 2.0 1-',.71 8.051 T.9n0 =.g ERA T. TN :N3INEER HVJY 401.7001 u,...CO .T _. 2.01 11 /.. n_ _C 970 0 OPE IN- E11 GNJEER HWY 4 59.300 4-,Mr, ..5 1 .S 2.01 G CPERATSNG ENG1 Nr,Efi 'IWY 5 72.100 4 -.3101 5 1. .0 "77.70 8.0`2' _.900 1 50 O pR1:"' r' .N ENGINEER HW: 6 46.301 97.300 2.0 1] ..70 8.050 1.906 151 JP' Rj' N7 civGI"vLER HWY 4t 300 4, 300 1 5 1. 11 1 8.05 900 !.50 O1�'21VA.yN .IRONS WORKER <=LL 4C -201 41.450 2.0 2.0 2 9 10. n, 74.8 0.000 ::.510 LAIN' EK P,LL. JC ,;00 9L.750 i q ..-., , - 0 0' 0 J.77. ^, 9 INTEP SIGNS BLD 3 .770 36.800 =.T 2.601 2.627 O. 011 - C10 F_DP-JIR ALL 90.770 84 0 00.;. OPC 'FFI r'^6R BLD 44.150 J50 = - ^'.,C 01'..4 0 0� n„ PLASTERER BLD 39. 25C 0':l 611 -_ - v ) .. C CII R2Ci �.0 60 10.60 ; 101 � Tt;O PLUMBER BLD 44.000 6.000 1 .5 5.5 2 9.bo1 .090 0.500 � ' 0 x70. ER BLD 05L' A0 650 i S 1., L 0 7.72- 6.57v 000 r, 4.O o=mM,iFL WORKER BLD 40.460 4..:40 5 T.� c 0 9.810 16,25 G 000 0 430 SINN "tAIaGE:% SLD 28.960 29.810 1.5 1. 4,701' 2.38 C . CGC: ,x.000 SnKINNLER FIT' .. _. 49 '7 - - TER CC 210 _.S 1.5 2 C 8.510 8.051 �'.00C http: / /ww",.state.it- us /ageney /idol /rates /EV ENMO /COOK9999.htn1 5/24/261 i Cool: County Prevailing Wage for June 2011 Page 2 of 7 /"'E' S"'E'L ERECTOP STON MASON T::RRI -1Z Z( .TNISHER RRRt,L Gr MASON TIL_ ✓F.S Oti ~tA2r �..ITY WRKR . ) - R CR..J R ' IRC, R1J]'R -RDCc F : :�d -. R`J C - .GIVER TRO ^F )KIVER RUC DR -VER ttJC r, DRi.VE,R "RNC'K Dfrl .VER _DCCCp "1NiER ALL BLD B D BLD BLU HWY ALL, E ALL ALL E ALL W AZ,L �0 ALL W ALh W ALL BLD a0.750 39,030 vt. 39.010 40./90 2£3.256 1 30.700 T 30.95n 31.150 4 Tit 2 32 d�.7UC 3 32 . 4 3 _.100 39.200 ?5!-' 350' ro 9 OU Ci 42.75C 4 2 C. 9c 44 29..,50 s, 3l. 3i.35C 3r '3.100 33.�.00 33 40 .930 ,-0 n n 9 vin _50 350 .00 100 2� I.� -.5 ;.5 '_.5 l.5 1.5 :_.� _.5 _ 1 n .G .5 r = 5 2.0 1.5 _ -�.3 1 � '_ 1 l.5 1 .� _ 5 5 F c - 2.0 2.0 2.0 2.0 2.n 2.0 n 2.0 2.0 2.0 G.0 2.0 �.0 2 r 0 - 10) 8 6.' 6 6 9 a 6 h. 6 6.500 6 6.500 � e5 R,C „c 9 5 C 950 t39. � (_0 ✓SG SC SOi) 83L' _5.a; i0 .ti ,,j T, 1 . G1 ° ? f 4. _ ,.4 i0 :.4 r, 5.450 5.4'-0 9.3 5 0 9.3 50 4._',5 C r;_ 1, 2 r.00U 0.nor J.ii 0 - �.00G G ;.0 ..000 0.000 0.000 - 0.000 ,,.OGO ,')(' 000 uJC CC'7 „0 nOG C 0.790 ii.43C, '!.57.0 C h 1.150 r, n. 0.000 - 300 6.0 Ov0 75 i50 OOC 000 70 Legend: M -6 >8 (overtime is required for any hour greater than H worked each day, Monday through ,Friday. OSA love mime OSb vertime H/w ire ch , is required is equired WelfF .e insurance for every hour For ever: hour worked worked on on satm-day) Sunday and holisays` Perin (Vension) Vac (Vacation) Trng (Training) COOK COUNTY -ne fo_T_owing list __. Considered as nays for wr ;i ch riolj.do7, gates ware. "or worn perfo -n ;ed apply: mew years Day, Memn iial Da.y,- �ourtn = Duly, Labor Day, ThanksgivTn.g Uay r ta , Chisms Day and veterans Dav on some cl ssif: Mat ions /coU -II . Generally, any c_ h se holidays whS_ch -a1_ on a Sunda ys celebrated or. the fc I losing a,,' Monday. his "-hen makes work performed on tha'L Monday pavabi..e at the approN_-iate overtime for r %,01 day eay. Comore ^: practice in a giver.. _ocal ✓r y alter certain days of celebration. If in doubt, pi ease check pith IDOL. Rad. DRIVERS (✓v FIST; ?hat part c` the county West cf Bar- ing:or Road. EYFLANAT -ON OF C7 TFSS7 ASBESTOS - GENERAL - removal of asbestos materia_ /mold aid hazardous T '.err f tom Fri7 - p.' ace in a cu' ding, incicd ❑y mechanical Systerrs wtere :hose meCraplca �. ,ystems are to be .removed. T ;i, includes the removal of asbestos materials /mold and hazardous mater..als from ductwC,k or pipes in � ool -ding when the building is to be den_olished at the -lore 0r at some close future= dare. ASBESTOS - MEC:IAN CTIL - removal c asbestos ma-er�-a1 from mecI,anico-1 systems, such as pipe , duct=, and beilere, wit ,r th mccn-n -Z_ sysIaMs are in remain. CERAMIC -L EiNISH' =.R he gr •Ming, cleaning, and pn lshing o= all classes or. ti .e, whether Sot interior or exterior pua'ooses, all burned, glazed or unglazed http: / /www.state.i1.us /agency/ idol /rates /EVENMO /COOK9999.htni 5/24/2011 Cook County Prevailing Wage for Julle 201 1 products; al'_ comcos't.ion mat_rials, r ante iies, warning detectable .1 es, Curren t_les, eoosy composite materials, pavers, mass, moss fiberglass, and all subsTi ute mate'-a_- or the made i,- _iie i_rce in , s; al l mixtures in Tile mike form of cement, me _ale, and ot h oer m'ateta, S that are for and in' nded for use a s a in' iioor ,arf are , stmt t -ends, promenade roofs, wales, wal:r_s veil tgs, s w;. T,Tlrg cools, and at' o.'lace.. w'n ere ti._e is. 1 tcrrr, iwish cc -d rnta or or ctetor. The OLIXrrg O: all set. ing mortars inc ua nc but not _rs ited thin-so-1 mortars, eco.,les, wal_ mud, and any ocher sand and cern .fixtures or aahesive when used in the preparation, inst lietion r,u,air, or maintenance Of T to and /or s m<iar mate- -a ].s. The handling, aid unl ing all sand, cenenL, litre, tile, fixtures, equ i.pmen t, adhesives, or any other mai:erials to be used i_. the rr ,araTron, _..., allation repair, or ma =jtcnanc:e o- ' -i .e and /or simii.ar mater _ais. ami_c Tile finishers shall fill all =;o and a. voids regardless of method on a -l. t`le wcr)<, particularly ar_d especially after .ins - _lotion of sa'd tile work. Ana 4, Ca of any and '_1 prof dive coverings zo all 'types of file i ssaliations IncI udi ..ng, b.)-. not be .imited _ aiJ. soap compounds, paper N- oducce, 'apes, and a -1 polyethlylene cove­i-gsF coverings cl.ywood, masotte, cardboard, and any new type Of products tna -. ma. -v be used to orotec- t_l..e nstallations Blastrac eaulyameni, and _ floor scar_: is equipment used in prep_nq floo-s to.c five tile. The cle a 'p and removal . of al- waste and materials. Al demo]. a on of existing '.tie f .,ors and wails to be re- t'led. COIiMUNIT ml0 \S = ._.z;CTRICrF�Pi Instz ation, operat' n, inspection, ma ctnarise, p ere ens service o-` ra Tel .visio,. _crdin g, voi sound v:sion .._oduci. and .reprod i.ion, e epnc ne and terconncct, acs itls, da-a apparatus, cca °_„l., -fibre optic and wi -eiess equipment, appi'-.aces and systems used ti-re -an srr:iss.... an evt ion of �ignzls of. ar,y nature business, dome ,ti c, or srci education, e=ertairm nt, ar.d residential purposes, inclnding but not ;.invited tc, cocnnuni at.ion and te_le,rhone, elect, -onic and sound equipment, fibre optic and data commur .'-cation vs *_em:- and the pe-forr^a-.ce ot any raask d- rect -v e_ated to such installation or service whether at new or e: stnq sir t�s Quch I- asks to include the pla '.n, Of wi-c and able and eiecr -dca1 power conduit or Y -er raceway work aith.in the eru_oment. zoom and purtna wire and /or able through conduit and the i. s-ta1 at- -or- of an_y _rr,dental corrdu "_, an-,,, that mpl OVeea coverea hereby can complete any job in £e­. MARBLE: 71N SHBR ad na and sloading rucks, a st ri. a et r� ra. -ials /all none, sand, atc.i, stockivG cf =100 < with r -.t er-'al oer£or .q a,._3_ rigging for heavy work a_a Lina c- a -il era _al that may be n: esee for the Inaz a l_ati on 0 such rateri a Ia , bui 1. - ^i r.q of scaffolding, p lishin' if needed, oatc`ing, Waxing of material it damaged, poin i up, grou it and ear nq , marble, holdi-"g water or! d +_arnond or Carboron .­ blade or saw to- setters .- tirng, use -.f tub saw or any otter- saw needed fn;: nreparatior, of rya ^-er;.al, dri in of holes for w res z nat anchor material se't. by ^tf. ers, mixing up of molding plaste. for i rr,:xi= ap thin set fc' the i_,ta_'_at of m er'Sal, mixing jp of sand to cerien� for _..e ins.. llatio_r. o` .act anal Such other work as , mav be rega,red i.. i he-Ping Marble Sette .- randli q „f all. Pace 3 of 7 http: / /ww",.state.i1.us/ agency /idoI/rates /EVENMO /COOK9999.litm 5/24/2011 Cook County Prevailing Wage for June 2011 mate in 1ne erection c_ s-allation t' Irter ior memie, spa "e, -,.avert ;.n e, art marble, serpentine, aiberene stone, blue stone, gray e and o_ner stones (mea :ng as ro stone any c_eian or domes --.c materaals as are specified anc used in buiidina ,n-e iors and exte�icrs and custom -iiy known, as s -one _he trade;, Carrara, san10nyx, vi rCI rd similar Opaque glaSc and the :aging of mardle tile, razz- tile, vl tle and ?recast `i -e, sreps, _risers treat;, base, or any other materials lhat may be used as su -utes for any of tic a_orem..ntioneC -- Trials and which are used or. interior dad e „_ ,Jn' a _nsta: led in a "a m, ianne.r. MF_TER /_L '1'E o"'BR =. <anc coming and c .� °or �eo Ong of m uel -also �.elc' spe ci on ( ur, ^urec ' o. -.rote a - .;sp ^.a 6Pi'EPILII TESTER 11: k -ield insnectien of welds, struc_u pal steel, masonry, soi. -, ..Cade, rei:`iiorcirg ste, l fermWOrk, ed concrete, and concrete and asp!1al't bat r.,piant ; adlastIvo proportions of bi *•amincus roir,tares. - - OPE R;TI \( ENG_NEER - BUIL`11 NG Class Asphalt Plant; Asphalt Spreader; Autogia -de; Backdoes with Cai soon Atta- =Tent; Baton P1 r; Bcncse (requires Tw , Engineers); Pcller and T}rovtie Valve; C -sson Rigs; Central Red V x %lant; 071b' nation Back HOe _.'r OnL rnd-loaoe. Man - U e; - ompressor ai ' T:n turtle Valve; Concrete Breaker (Truck Mounted); Con . _e Conveyor; Con.r_-_1s a Conveyor (Truck Moun ed); Cc -.ete Pacer Over 2' .. 7E c —; Concrete Paver 27E cu. ft. and Under: Concrete Placer; Concrete Placing Boom; Concrete Pump 'Truck Mounted); To Tower,; Crane.., A' --; Cranes, ?ammernead; Cranes, ;G:: .rnd similar Type), Creter Crar. e; rusn,. .tone, etc ric %s, Al_'...; Der *_':.cks Travel no; `crm ss Car'. and Gotte Ma brine; Grader, E'_evazing; Gro —,is Machines; ".`aP!_i _`t Shovels „r Front Endloaaer 2 -1/9 yd. and. ove hoists, 31eva rs, outside type Lack a-d pinion and similar machine.; Aoists, One, Two an,: Three Drum; HO1SII Two Tugger One Floor; Hydraulic Backhoes; Hydraulic Room m- --ucks; Hydro Vac !and similar eauipn :`); L.oconlct_ve.,, Mo--ur Patre ; iubr.i at�on " chnicia,, M.,,.ip,.�ators ?i.le Dr'.vers -arid lk- d Pig; fort Hole Jigger; Pre-Stress MacnJne; Furo Crete Dual Ra Pumc tes: >queeze �._etes-SCrew Type Pumps, Gypsum Burke- a -d Pump; -. Raise; and B1.''nd Hole Drill; Roto V. grinder; Scoops - T'rrCt Drawn iio -r'orm Paver; Stradd-e Buggies; Tou napull; Tractor with :Poor and Side Boom; T- enching N;adi,.ines. ^.lass '. :Pollens; Broom, A11 Power Prcoel :ed; Bu'--dozers; •Concrete Mixer ` we Ba; and Over -; Conveyor, Po-.-tabie "orkli ._,;c ks; hi ghlr ft Shovels or P -cut Endloaders under 2-1/4 yd.; Hoists, Automa.i.c, 'do'st Inside Elevators; Hoists, Sewer- D_agging va,.r_.ne; HciSts., Tioqger Slngle Arum; Ro Dril ,foil o_pel]. d; ; Roc DT- -- (Truck Meuntedj; Rollers, All.; Steam Generators; Tractors, A'-L; Tractor- Drawn Vibratory Rolle.; Winch Trucks with "13" r ame 'or .reSScr; Comb aeon Slra71 Faviyment Operator; 1e ='a H we-nani.c - R01StS Ins.oe Elevators; Hydraulic Power rn1I:s le ➢riving, Ezaracting, and D_i� ;.ng); Pumps, over 1 (1 to not to exceed ',>' -. -_al of "CO ft.); Low Boys; Pumps, Weil F )nts; weidi)o Machines (2 t7 aai; vinches, 0 Small Electric Chill a�.cheS; Pon.-a-s (up to and including cu yd.) . Page 4 of 7 http:Uwww, state. il. us /agencylidoI /rates /EVENMO /COOK9999.htm 5J24/2U11 Cook County Prevailing Wage for June 2011 (11 a S 4 Bobcats and /= - other Skid S;err 'ciders (o -her . :':hd -� n"v.,c P t.c and i❑ lU'ii ng n cc vc OJIlers; and Ck Fe 1 1 - _ err. Class 1. ASSis7a:"1,_ '_'raj _=ran. Mass 6. Grad a]. '.�. =. a s.=_ 7. Mech.-n/ cs O P'u RATl \G c.NG1Nc.r..V,S - HIGHWAY CONST- C'S' -0 N Class Aslr Plan; Aspha l *- neater a -lid Planer Conk ::.nat_o , Asphalt Heater scarf- ; Asphalt Spreader; Autograder /GOMACO or othe _:a_lar type ma,hineS: `ABG Pare;-, Backhoes w�tl .,aissor. Att achment, Ha !last, Requl Brat 1,oadert CaiSso.n Rigs; Ca Dumpe- -; Cen-.ral Redi -M_u Flan Comu Mien Backhoe ..�ont P;nd�oader M nine, (1 cu. yd. Bac }shoe Sveke or over or wi-n rtta<hraents; 'oncret e. nreakei (Truck Moun'.. ; Concrete Conveyo,- Concrreue Paver over 2_7F C.u. Concrete Placer; Concrete Tube Float; Cranes, all attachments; Cranes, Tower Crane= Of al v;leS: Creter Crane: usher, Stone-, etc.; Derricks, ?ill; D 'rick ;oats; Derr / ks, Traveling; Dowell Macrrne with Air Compressor; Dredges; Fb rail ess Cur 11 , aria C -ut�er Machine; Grader, Elev - .i.ng; Grader, Mn-or Grader, Moor Patrol auto F Form ^i Grade,_, Pull r_adea_, Subgrader; Gua d Rail Pos-. Driver hock Mounted; Hoists, One, Two and Three Drum; Hydraulic Backhoes; Backhoes with sneer _�achmenis; liubricat.ion Techn ^;.an; Manipula, -ors; Mu wing 'Mach ; Pile Drivers and Skid Rig; Pre S *less Machine; Pum. ^r Les Dud]- Ram,; Rock J- :ill.. - Crawle' c_ :: .v, i.d Rig; .-Keck Dr ;ll - Truck Mounted; Rocc /1racic Tamper(, Rote Mill Grind_ip -br*o Paver, Soil r,_;l K „ ;True; Mounted); Straddle Buggies; Hydraulic "el2sco[:ing -o- =( ,Tav ^Pei ;; _ 'rac, o Drawn Belt '.,oader NT tt :arched pusher - two engineers); Tractor with Boom; Tractaire with Al- achmen,.s; ancning Machine; Truck Mou,:ted Concre Pump with Boom,; Raised or- Blind Hole :._:lls (Tr,nnel G,a -t:' nderground PBorina and/or Mr n;_ng Machines r in diameter and over •innel, etc; Underground Bor.irne and/or wi .,nc Machines .under :, .t. in diametP); W_^ee,l. Excavator; Widener iaPSCOj. lass Bat h �a,.� Bitum] noes Mixer; Boiler and hrottle Valve; Bulldozers, .ri load .'rail -ng - criveycrs; - ombina on Rack�•oe Fran Er: r..l.cadrr vac, -ne ad. Rack oe Bucket or ov . „r wit-1 a`tacr erns ;; Compressor and T rot ur- Valve, - .orzrore ssc *, Common xeceiver (3); Concre e Breaker or By ro Hammer; Concrete Crin,rt no Ma _.__.._; Con cr e -�e Mixer or Paver 7S n.es to -and i.c ;uding 2' �u. r .crete Sp,rc-ader; Con=ete Cur r-rq hid ch ne, Bu v-rn' rel,_..nq Machine and Sealing tva,_h ne; Concrete Wheel Saw; Conveyor Nuck tears glen' .,r Sim Type: Dri -i,,, 71- ishi rr Machine - Concr,.t i ;.c lift S "�uels o. �7o n.t .no, -oace .,_ „- - Sewer Uragg_aq Machine Iydraulic Boom 'Trucxs (Ali :. " . T uachme is , 'Hydro -Bla e Ali r,o com eves, 'r C r/ 2 i f£ -Road a r_ina Units ncludi.g rtieu_ating) to❑ a ^Pity more, Con Se.: cad= g 'ljec- m Dump Pump Cretes. Squee V,=-w Type �,os, Gyp,,, Bu er and u,: Kollar, rna�; Rotary Snow .lows; culler, Seaman, e_c siP- propelled; SCOOPS - -actor Draw., Self- Propell..d Compactor; Spreader - Chip - '_one Scraper; Scraper - Prim:e Mover '-; Tandem ,Regardless of. Size): Tank Car neater; ' -vac Pus_, Pull�ng Sheens too`, Disc, Comoaetor, etc.; Tug Boats. Page 5 of 7 http: / /wvtnv.state.i1.us /agency /idol /rates /EVENMO /COOK9999.htm 5/24/201 1 Cook County Prevailing Wage for June 201 i .lass 50-le-S; Brooms, Ate'. Rower .'ropeliea, a eme:^r Sj mly "ender; ComtprPssor, ommon Re.eiver 2); Concrete Mixer fI'wo Daq an`Ove -); Conveyo, ,.,rab1e; ,m-`rYpe Tractors Used nor Mowicg, Seec-;g, Fireran co. Br Iers; Y .'..t.'r, -ucks; roatira Mal -njne; noSsts, r Av''t IT r Ho ts, Za "',:Leva a_ors; Hoists, Tuca.-r Siwy_e D,rus' .�Jcge, ,ou: Dovs; P' pe: jact1ng. Machines; Dos- hole. u..c•�,-; rwern ; acv, a-i,c� e' 2ovaer �r ve_ q N° L 5; 1'io].lers, o 'Jar _spha ',eed and _ vu :',lows, r encra o.s; tnp Ma^.hine; Gv _. kg w_th Boa-f; rampe Form -N= or Driver.. lass 9. Air Compressor; Coma *.etion - Sine -.-L F,quipment Opera'Lor; D'IreCzlorlal Boring Machine; nerato Heaters, McCnar.ical rlydranlic Power rmY) !File Drivi.g a.X'Lz-a.ct ing or Dr _ ling Hydro- b;.aster; rght ol�nts, F1Ll �r,rough 5, poio,s, over e" 3 not tc ez.ca_d a Iota- 30u ft.); Hump Weli Poi is Tra Ueldi.ng Ma-nines . lll' uah cl WIncres, 9 Sma�l Rlec Dril w- mches. Class 5. Bobc.,s (a.';; Bric k' Fcrkli C -Mass 6. _„I ± Nie ci:ar;ics and Fie'_d Welders .lass Grada_i ar:d mac! -Nines of iw. e naturs:. 0,281 TING ENGINEER - FLOATlNG Class Craf *_ Foram- . Diver vn7ec _end i ; ono Erigine (hydra clic dredge;. _a_„ 2. ,..sane /Backhoe Operator; 70 Ton or over Tug Operator; Mecianic /welder; Assistant Engineer ;, (Hydraulic °sedge); 'overman .nydr ul-c Dredge? :,',ver Tenae ....��i.or an'T.att ICe Boom C an S. Glass Deck Eauipment Ooe.ra._or, Ma h.- _eryran; M ✓a°n *_enance cf. Crane lover �0 tca opacity, !'..g /Eaunch Operator; Eoaae- /Dozer and tike: equipment on Barge; and Deck Machinery, etc. ,lass 9. Deck Equipment Operator, Machiner_yma'z /Firem n (4 E iD nent amts or More Off Rcan T'ruc;.s (2 capac'J -y or more;; De k Hand, _ug F. rineer, Crane Ma- nter,ancc 50 lor, apa'__.ty ana Under or D 3cknne 115, co noust's or, less; and AssII -....ar Tug O°e- a *'or. TERRA<;ZO FINISHER _.,e handling of sand, cement, marble chips, and all otnes mater..als .o. may be used by t Mosaic azcc Mocha '_c, and the n._sing, grind- .g, grow ".ing, ci aniag ancJ sealinq of all Marole, Mosa _c, a -. Terrazzo work, floors, base, stairs, and wainscoting by hand or machinee and addition, assIstir.g and idira y b �, r;asonic, and errazzr, Mechanics. .. TRI. TC Work as.ociatec wt usage on ni _chwav markings, and "he th ba rc . .:,one c rr wor }, the i "allation and mcvai - tempt acy lane installation_ aad removal of tempos v roar igns. "R 3SY R ✓ER R LDI\ EBV� AND Hn7P. `' '. Ot CONa TRli 1S EPST 1 - H . _ & WEST ..lass Two or -hree Axle Trucks, A -`came Truro when used for Page 6 of 7 http: / /www.state,il.us /ageiie,v/ idol /rates /EVENMO /COOK9999.litni 5/24/2011 Cook County prevailing Wage for June 201 1 �rar pertatior purpo mss; Air Compressors and We].di -�g machines, including t,hcse pulled by cars, pick P t._uks and.;-actor­s; F,mb,: �.ar.cesr Bach Ga_e Lok,_s; Bc. opperman; Car and True N'ashers; Carry -a1is; Fork 7 -` s and Ho'sters ti per's; Mecnani..cs Helpers and G aSo, -S Oil D. -s n•,lto s i-Dkan or ration; Paveme-a nreakers; Pole Trailer, up In 40 feat; Power Mower Tractors; Self - prooelied Chip So.eader! Skipman� Slur y ,,___ 2 -mar. operation; �,� ins Sint y truck Conveyor Operation, 2 er 3 man ,amsters Uns6_ led aumpman; and ruck Dti vers Hauling wa=ning lights, ' .rricades, and portab -e toilets On the ;,ob site. Class 2. Four axle trucks; Dump Crets and Adgetors undex 7 yards; Dump *ors, _ Eck `i.rucks, Euclids, Hug Bottom Dump Turnapulls cr Turner _lets when o �i._rg other, than self- loading dripment or si Milar equipment under_ 16 cubic yards; Mixer Pruc,os under 7 yards; Read y -mix, Pla�:.t Hopper Operator, and Winch Trucks, l Ax =es. Class 3. ='ive axle trucks; Dump Crets and Adgetors 7 yards and over; Gamca ors, T ash, -a ns, Euc__cs, - y r_'cttom Dump rnatra l.ers o.r arnapalls when pu:;.i ru other ;than se1F- loading equipment v.nki lax equipment over i6 cu, .c yards; Explosives and /or FY on�Material Trucks; Mixer Trucks 7 yards or over; Mobi ' -e Cranes while_ in transit; Oil LLstributors, 1 -man operation; Fc_e ' -TI rai let, ever 40 to Pole and Expandabie .raiee s hau inq maieriai ov 5;1 ieet ionq S_urry trucks, -man Operation; Winch trucks, 3 axles or more; MeG ;a - -Tr cr de1d r add T on Painter.. .,lass 1. Six axle trucks; Dual- purpose vehicles, such as mounted c, °_one {_rueks with hoist and accessories; Foreman; Master Mechanic; Se:Lf- loading equipment. like .. ant ticks with scoops or, �r 'rout. Ozh�_ _._ a ssi._ icati on „7 WC r r,: For de nitions of ons nor otherwise set out, the Department generally has on °_ye such definitions which ane ava..1 b_e. -F a task to be r -Forreed s no- subject '..._c or.e ref the class icatio .,r" pay set out, the Dsdartm.e _ will uuo`, being contacted stag wi..ch neighberi.nq cc ntv lies sac;; a 'a. s. -_caticr , and Provide Such. rate, such rate 'oeing deemed to ex at by reference nt this d :urger.._, _f no ❑ei hborr.x i- r. - g _y raze apclieD to ,.se task, the Departmen ^Hal]. •ndertake a spe 2u_ determination, such special deterniiatior being then deemed to -oe ex.is -ed rioter Lt!is determination. -F a P olect reduires 1_hese, o° any c, :ass,..f- .trio ?? not misted, pleas con-act _ -DOL 2i7- 'HZ -1T_G "cr wag. rates __o__£ications. IANDSCAPiNC Landscaping wo rk Falls under the e „_ i.ng c.1as i=- catior,-s for laborer, opera -ina engineer and truck drive -. The work, performed by - dscape plan m n and _ands.ape laborer is covered by the exi king - -aiio iabore_. 'no we r., oerfermea ay landscape orrery- ors eqa __a_ of eouir:men- ..sec or its ze', _s covered bill tlle .. class) a-io.s of op -.:ing erg -veer. The w. .k :rnfirrret by LL- la3I i- oe truck drivers ;regardless of size of truck driven) is covered by the classi_� cations of trul—k drive-. Page 7 of 7 http: / /ww-w.state.il.us/ agency /idolh-ates /EVENMO /COOK9999.htm 5/24/2011 Legislative Summary ORDINANCE 11-24 AN ORDINANCE TO AMEND TITLE 5, CHAPTER 13, ARTICLE F, SECTION 4 ENTITLED ` °RESTRICTED PARKING STREETS" OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE Introduced Objective Purpose Background Programs, Departs or Groups Affected Fiscal Impact Source of Funds Workload Impact Admin Recommend Second Reading Special Considerations or Requirements June 13, 2011 To amend Title 5, Chapter 13, Article F, Section 4 Entitled "Restricted Parking Streets" To change the limits of parking restrictions on Ferris Avenue to allow the unhindered operation of Ferris Avenue at its intersection with Lincoln Avenue. The Traffic Safety Commission received a request to establish parking restrictions on Ferris Avenue between Lincoln Avenue and Capulina Avenue to allow on- street parking during off - peal: travel times on Ferris Avenue to provide additional parking for a business and residents. The Traffic Safety Commission has made a 2 -part recommendation on this request. The on -street parking during off -peak travel times will be considered by the Board as part of 'a separate action. The other part of this issue is updating the parking restrictions in the Municipal Code to match the mended design of the recent construction improvements on Ferris Avenue. The Municipal Code allows parking on the west side of Ferris Avenue from a point 75 feet north of the centerline of Lincoln Avenue to the centerline of Capulina Avenue. The recent construction improvement on Ferris near the intersection at Lincoln Avenue includes a long right turn bay where on- sweet parking was allowed. Allowing on -street parking near the intersection will hinder southbound traffic moving through the intersection during the morning and evening rush hours. The Traffic Safety Commission recommended amending the parking restrictions to allow the intersection to operate as it was intended in the design. Public Works, Engineering Division No fiscal impact N/A None Approval as presented. Required - Municipal Code Change N/A Respectfully submitted: _ ((� % <�y Review Jos h F. ade, Village Administrator Prepared by: Reviewed by: Chris Tomich, Village Engineer Teresa H Public Works Corporation Counsel l' IMEMIMM AN ORDINANCE TO AMEND TITLE 5, CHAPTER 13, ARTICLE F, SECTION 4 ENTITLED "RESTRICTED PARKING STREETS" OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village established the Traffic Safety Commission to receive, review, and present recommendations to the President and Board of Trustees regarding requests or inquiries on matters involving traffic safety, including requests for installation of traffic control devices: and WHEREAS, the Traffic Safety Commission received a request to establish parking restrictions on Ferris Avenue between Lincoln Avenue and Capulina Avenue to allow on- strect parking during off- peak travel times on Ferris Avenue to provide additional parking for a business and residents; and WHEREAS, the Traffic Safety Commission, at its regularly scheduled meeting at 7:30 pm on May 5, 2011 and June 2, 2011, at the Richard T. Flickinger Municipal Center, ^considered the above referenced request; and WHEREAS, notifications WHEREAS, the "Lincoln project of the Village of Morton ( intersection; with Lincoln Avenue channelization area; and of the meetings were sent to residents in the area: and Avenue and Ferris Avenue Roadway improvements" is a capital 'Trove, which included geometric changes to Ferris Avenue at its intended to eliminate on- street parking within the intersection WHEREAS, Title 5, Chapter 13, Article F, Section 4 Entitled "Restricted Parking Streets" of the Municipal Code allows parking on the west side of Ferris Avenue from a point 75 feet north of the centerfine of Lincoln Avenue to the centerline of Capulina Avenue; and WHEREAS, the limits of the existing on- street parking restrictions hinder the intended operation of Ferris Avenue at its intersection with Lincoln Avenue: and WHEREAS, the Traffic Safety Commission recommends the Village amend the parking restrictions to change the limits of parking restrictions on Ferris Avenue to allow the unhindered operation of Ferris Avenue at its intersection with Lincoln Avenue. NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 5, Chapter 13, Article F, Section 4 Entitled "Restricted Parking Streets" is hereby amended to delete the following restriction: 5- 13F -4: RESTRICTED PARKING STREETS: A. Special Permit Parking: 5. There shall be restricted parking on the following streets between the hours indicated except for vehicles displaying a Zone 5 special parking permit: Street Between Ferris Avenue A point 75 feet north of the centerline of Lincoln Avenue to the centerline of Capulina Avenue Side of Street Date and Time West 90 minute parking from 8:00 A.M. to 6:00 P.M. daily except Saturday, Sunday and holidays SECTION 3: Title 5, Chapter 13, Article F. Section 4 Entitled "Restricted Parking Streets" is hereby amended to add the following restriction: 5- 13F -4: RESTRICTED PARKING STREETS: A. Special Permit Parking: 5. There shall be restricted parking on the following streets between the hours indicated except for vehicles displaying a zone 5 special parking permit: Street Between Ferris Avenue A point 395 feet north of the centerline of Lincoln Avenue to the centerline of Capulina .Avenue Side of Street Date and Time West 90 minute parking from 8:00 A.M. to 6:00 P.M. daily except Saturday' Sunday and holidays SECTION 5: The Director of Public Works and /or his designee is hereby authorized and directed to remove any conflicting signs and erect such signs as detailed in this Ordinance: SECTION 6: This ordinance shall be communicated to residents adjacent to the parking restrictions via a letter, which shall be received as evidence of the passage and legal publication of this Ordinance. SECTION 7: This ordinance shall be in full force and effect upon its approval and publication. PASSED THIS 27`x' day of.Tune2011 Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thies Toth APPROVED BY ME THIS 27"' day of June 201 1 Daniel J. Staackmann, Village President Village of Morton Grove Cook County. Illinois ATTESTED and FILED in my office This 28`x' day of June 2011. Tony S. Kalogerakos, Village Clerk Village of'Morton Grove Cook County, Illinois Leuislative Summary Resolution I1 -31 AUTHORIZATION FOR THE PURCHASE OF A NEW TRAILER MOUNTED DRUM TYPE BRUSH CHIPPER (MORBARK MODLE M18R) Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommend First Reading: Special Considerations or Requirements: Respectfully submitted: June 27, 2011 This resolution will authorize the Public Works Department to purchase a new 200 Hp drum brush chipper, to be used by the Forestry Division. To replace a ten year old 2001 Morbark Model 13 (125Hp) brush chipper that no longer meets the dependability needs of the Forestry Division. The Public Works Department routinely reviews vehicles and equipment for fuel economy, safety, dependability, age, and excessive repair cost. Replacing or eliminating equipment which no longer meets the department's needs. During the bidding process, vendors brought various chippers for demonstration. The Forestry crew tested five chipper makes and models with the Mobark, Beever MI8R 200hp being far superior than the lesser horse power models. Public Works and Finance Departments. Funding in the 2011 Public Works Adopted Budget have been approved in the amount of $62,000 for replacement of vehicles and related equipment. The equipment replaced in this resolution will be in the amount of $47.590 General Fund (0215017-5 721 1 0) The implementation of this purchase is done as part of the normal operations of the Public Works and Finance Departments. Approval as presented. Not required. None. Joseph F. Wade, Village Administrator Prepared by' !:!'!! Reviewed by: ll! dy De Monte, Director of Public Works Teresa stun, Corporation counsel AUTHORIZATION TO PURCHASE A TRAILER MOUNTED DRUM TYPE BRUSH CHIPPER WHEREAS, the Village ofMorton 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 purchase is necessary in -order for the Public Works Department to replace an un- dependable 2001 Morbark drum type wood chipper; and WHEREAS, the Public Works Department advertised in the May 5, 2011, issue of the Pioneer Press Newspaper inviting bids on the purchase of a new trailer mounted drum type brush chipper; and WHEREAS, four equipment suppliers obtained the bidding materials; and WHEREAS, four bids were received, publicly opened, and read atthe Public Works Facility at 10:00 am on Thursday, May 26, 2011; and WHEREAS, one bid by Bandit Industries Inc. was eliminated for not meeting all of the bid document specifications; and WHEREAS, the apparent low bidder Ver meer's equipment was fond to be unsuitable for the Forestry Department's needs (see attachment "A "). The bid results and request for purchase are as follows: and Contractor Bandit Inc. Mobark Inc Alexander Equipment Vermeer Inc. Total Noncompliant 564,900 200 HP $47.590 200 HP 539,464 170 HP WHEREAS, funding for the above equipment is included in the 2011 Village of Morton Grove Budget in Account Number: 025017-57.2010: and WHEREAS, the qualifications of the vender and availability of the equipment have been verified. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Only those companies listed and described on this Resolution for the uurchase of a new trailer mounted drum type brush chipper be, approved in this Resolution. SECTION 3: The Public Works Director of the Village of Morton Grove is hereby authorized to execute the purchase of a new trailer mounted drum type brush chipper (MORSARK Model M 18R) for the total amount of forty -seven thousand five hundred ninety dollars ($47.590) from Alexander Equipment Company Inc.. 4728Yender Avenue, Lisle, Illinois 60532. SECTION 4: This Resolution shall be in full force and effect upon its passage and approval. PASSED this 27 day of June 201 1. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus 01 Trustee Thill Trustee Toth APPROVED by me this 27 day of June 2011. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 28 day of June 2011. Tony S. KaIogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Memo. ATTACH MEW "A" This memo is written In regards to the recent wood chipper hid opening. The ve meer model, which well the bid, exhibited some problems with its ease of usage. It had a safety feature that was located on the feed tray that v ✓as too sensitive and easily activated during the normal course of feeding brush. Each time it was activated the material being fed would be reversed and the user was required to walk around the side of th= machine to depress a button in order to start the feed wheels again. This process would occur numerous times, often several times on the same bfa;nch.. Ultimately, the job of feeding branches became more difficult and frustrating for the use;. The two models that wel ked the best during our test demonstrations were the 200 horsepower Morbark and the 140 horsepower Bandit. Each of the machines demonstrated tare quality necessary for the work that is expected of the Forestry Division. Taking into consideration [he large number of Ash trees alone that the Village of Nmrton Grove will be removing in the coming years ( approximately 1000) 1 believe that these facts should be given consideraticn when choosing which chipper is the correct choice for the Village rather than merely accepting me lowest hio . in conclusion, given the recent economic hard times and the Village's inability to replace equipment reguiariv, I am asking that consideration be given to purchase piece of equipmentthat will endure the work load that will be expected of it during the coming year,_ While it is easy to review the bid opening and say that one chipper is more economical than another, I don't helleve [hat the Village can afford to make the wrong decision with this purchase. Fiease take this letter into consideration when making the final decision and aflow the For Division to have a chipper that will allow it to efficiently address the much greater work load that wilt be expected of it in the coming years Thanir you, .+fii o1lrnS Vii.age of Morton Grove Forestry Division r -, _3erarr D t �S a is iFdas.ks Direct eleab.ol e 84; -470-523E- - . 4 if' (3 5 -US:. .. This memo is written In regards to the recent wood chipper hid opening. The ve meer model, which well the bid, exhibited some problems with its ease of usage. It had a safety feature that was located on the feed tray that v ✓as too sensitive and easily activated during the normal course of feeding brush. Each time it was activated the material being fed would be reversed and the user was required to walk around the side of th= machine to depress a button in order to start the feed wheels again. This process would occur numerous times, often several times on the same bfa;nch.. Ultimately, the job of feeding branches became more difficult and frustrating for the use;. The two models that wel ked the best during our test demonstrations were the 200 horsepower Morbark and the 140 horsepower Bandit. Each of the machines demonstrated tare quality necessary for the work that is expected of the Forestry Division. Taking into consideration [he large number of Ash trees alone that the Village of Nmrton Grove will be removing in the coming years ( approximately 1000) 1 believe that these facts should be given consideraticn when choosing which chipper is the correct choice for the Village rather than merely accepting me lowest hio . in conclusion, given the recent economic hard times and the Village's inability to replace equipment reguiariv, I am asking that consideration be given to purchase piece of equipmentthat will endure the work load that will be expected of it during the coming year,_ While it is easy to review the bid opening and say that one chipper is more economical than another, I don't helleve [hat the Village can afford to make the wrong decision with this purchase. Fiease take this letter into consideration when making the final decision and aflow the For Division to have a chipper that will allow it to efficiently address the much greater work load that wilt be expected of it in the coming years Thanir you, .+fii o1lrnS Vii.age of Morton Grove Forestry Division LeTislative Summary Ordinance 11 -23 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW A PHYSICAL FITNESS FACILITY AT THE PROPERTY LOCATED AT 7300 DE,MPSTER Introduced: June 13, 20 11 Synopsis: This ordinance will grant a special use permit to allow a physical fitness facility to operate at the property located at 7300 Dempster, Morton Grove, Illinois. Purpose: This property is located in the C -1 General Commercial District. Physical fitness facilities are allowed in that district only pursuant to a special use i permit. : Bacl round tg r The applicant, Anthony Rufo, applied for a special use permit to operate a physical fitness facility (Planet Fitness) at 7300 Dempster (Village Plaza). A public nearing was held regarding this request before the Village of Morton Grove Plan Commission on May 16, 2011 Village staff had no major concerns with the case and no interested or concerned parties spoke 1 regarding the matter. The Plan Commission unanimously recommended, subject to certain special conditions including improvements to the parking lot, requirements for additional parking signage, and compliance with the Village's fire safety ordinances, the Village Board grant the special use to allow a physical fitness facility to be known as Planet Fitness within the Village Plaza shopping center. Programs, Departments i Building and Inspectional Services; Community and Economic Development or Groups Affected Department: Village Engineer Fiscal Impact: N/A Source of Funds: N/A i Workload Impact: The special use application was processed by the director of Community Development, Building Commissioner, and Village Engineer, pursuant to the normal course of business. Admin Recommendation: Approval as presented. Second Reading I June 27, 2011, Required Special Considerations or None Requirements: Respectfully submitted: j �' %!i Jose : ade,VillageAdministrator Prepared bys� Approved by: Teresa Hoffinan ist n, Corporation Counsel John D. Said, Community and Economic Develop Dir f AN ORDINANCE GRANTING A SPECIAL, USE PERMIT TO ALLOW A PHYSICAL FITNESS FACILITY AT THE PROPERTY LOCATED AT 7300 DEMPSTER, MORTON GROVE, ILLINOIS WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not Ihnited to the power to tax and incur debt; and WHEREAS, the applicant, Anthony Rufo, Planet Fitness, 701 Haviland Dr, Byrn Mawr, Pennsvlvania 19010, has made a proper application to the Plan Commission in the Village of Morton Grove under case number PC] 1 -02 requesting the approval of a special use permit to operate a physical fitness facility at the property commonly known as 7300 Dempster, Morton Grove, Illinois 60053: and WHEREAS, the property is located in the C -I General Commercial District: and WHEREAS, Section 12 -4 -3D of the Village of Morlon Grove Uhaified Development Code allows physical fitness facilities to be located in the C -1 General Commercial District pursuant to a special use permit: and WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public notice duly published in the Morlon Grove Champion, a newspaper of general circulation in the Village of Morton Grove which publication took place on April 28, 201 1, and pursuant to the posting of a sign on the property and written notification sent to property owners within 250 feet of the subject property as required by ordinance, the Morton Grove Plan Commission held a public hearing relative to the above referenced case on Ma }/ 16, 2011, at which time all concerned parties were given the opportunity to be present and express their views for the consideration of the Plan Commission, and as result of said hearing, the Plan Commission made certain recommendations and conditions through a report dated June 2, 2011, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A and WHEREAS, the Corporate Authorities have considered this matter at a Public Meeth and find pursuant to the relevant provisions of the Village of Morlon Grove Unified Developmen[ Code, that the proposed Special Use Amendment is so designed, located, and proposed to be operated that the public health, safety and welfare will be protected and will not cause substantial injury to the value of the other properties in the neighborhood in which it is located: and WHEREAS, pursuant to the provisions of the Village of Morton Grove Municipal Code, the Corporate Authorities have determined the Special Use Amendment as approved by the Plan Commission shall be issued subject to the conditions and restrictions as set forth herein. NOW THEREFORE, BE Irr ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth: SECTION 2: The property located at 7300 Dempster, Motion Grove, Illinois 60053, is hereby granted a special use permit to allow a physical fitness facility to be located and operated at that address subject to the following conditions and restrictions which shall be binding on the owners/lessees, occupants and users of this property, their successors and assigns for the duration of the special use: i . Prior to the issuance of a Certificate of Occupancy, the parking lot area west of the building shall be scalcoated and restriped. 2. Planet Fitness shall place signs in prominent locations within the facility reminding customers that ample parking is available in the parking area west of the building. 3. The proposed Planet Fitness facility shall be constructed in accordance with the following: a. Floor Plan A -I dated 4-28-11 by Warren Johnson Architects:, and b. Facade Plan (no date) by Warren Johnson Architects, 4. Signs shall be placed along the front of Planet Fitness stating "No Parking — Fire Lane" in locations approved by the Fire Department. The applicant shall submit and obtain Fire Department approval of shop drawings for the following: a. The existing fire sprinkler system and any required alterations. b. The existing fire alarm system and any required alterations. SECTION 4: The owners, lessees, occupants, and users of 7300 Dempster, their successors and assigns allow employees and authorized agents of the Village of Morton Grove access to the premise at all reasonable times for the purpose of inspecting said premise to verify all terms and conditions of this special use permit have been met. SECTION 5: The special use permit is granted so long as the owner, occupant and users of this property utilize the area for the purposes as herein designated. SECTION 6: The Village Clerk is hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to show and designate the special use as granted and amended hereunder. SECTION 7: The Applicant /Owner shall comply with all requirements of the Village of Morton Grove Ordinances and Codes that are applicable. SECTION 8: 'This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 27`" day of June 2011. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gombera Grear Marcus hill Toth APPROVED by me this 27 "' day of June 2011. APPROVED and FILED in my office this 28 "' day of June 2011. Tony S. Kalogerakos. Village Clerk Village of Morton Grove Cook County. Illinois Daniel J. Staackmann. Village President Village of Morton Grove Cook County, Illinois L psWdA20JIApcll -02_ Planet Fitness EXHIBIT 6GA >5 Planning o r1' i Y 1 To: Village President and Board of Trustees From: Ronald L. Farkas, Chairman, Plan Commission Bate: Tune 2, 2011° Re: Plan Commission Case PC11 -02; Request for Special Use for Fitness Facility at 7300 Dempster (Village Plaza) -,, Legal notice for this public hearing was published in the local newspaper (Morton Grove Champion) on April 28, 2011. A public notice sign was posted on the site on April 29, 2011, and notification: letters were sent to surrounding properties on April 28, 2011, On May 16, 2011, a public hearing was conducted by the Morton Grove Plan Commission after notice for this public hearing was duly provided, as noted above, for Plan Commission case PC 11- 02. PC 11 -02 consists of a request by applicant Planet Fitness for a Special Use to allow a physical fitness facility in the C1 General Commercial District, at 7300 Dempster in the Village Plaza Shopping Center. Director of Community Development and Village Planner John D. Said introduced the case on behalf of the Viliage. He reviewed details of the request, including Planet Fitness' characteristics and the layout of the shopping center. The applicant was represented at the hearing by Mr. Anthony Rufo of Planet Fitness, Mr. Rufo testified concerning the request, and Mr. Said from the Village provided an overview of the project. The testimony and overview included the following information: The subject site is Village Plaza Shopping Center, located at the northwest corner of Dempster and Harlem. Planet Fitness' proposed tenant space is the westernmost space in the shopping center, formerly occupied by Shoe Carnival. The site is bounded on the east by Harlem Ave., with commercial and residential uses across the street, on the north and west by residential, and on the south by commercial in the Village of Niles. The site contains the in -fine shopping center with a number of commercial /retail tenants, along with two outiots. One outiot at the southeast corner of the site (northwest corner of Dempster /Harlem intersection) contains Kappy's Restaurant, while the other outiot, directly south of the subject tenant space, is the location of a future Culver's Restaurant which is under construction. Richard T. Flickinger Municipal Center 6101 Capulina Avenue = Morton Grove, Illinois 60053 -2985 Tel: (847) 965 -4100 Fax: (847) 465 -4162 �r; Planet Fitness proposes to occupy the existing , /- 14,000 square foot tenant space for a new fitness facility. The facility will be staffed at all times with at least two employees. The applicant has noted the facility will be open on a 24 -hour basis to accommodate customers. The floor plan indicates a first floor area as well as a mezzanine. The plan shows the mezzanine area will include weightlifting machines, while the first floor will include aerobic machines and other fitness- related areas and services. The facility will also include locker rooms with changing areas, showers and lavatory facilities After conclusion of the presentation, the Commission then posed a number of questions and comments concerning the proposal. Commission questions and applicant responses (in parentheses) are summarized as follows: • What are the enrollment fees? (Enrollment fees will be a lower price than the typical health club, such as a $59 enrollment and $10 a month thereafter. The Planet Fitness website calls their pricing "absurdly low ".) How many staff and trainers will be present during various hours? (This will depend on the activities scheduled, but typically there will be a minimum of two staff working at ail times.) • Explain the similarities and differences with other businesses such as Cardinal Fitness and Bally's. (Planet Fitness customers are generally not the same as Bally's customers; Planet Fitness encourages a "judgment free" environment, where customers are not intimated. Heavy weightlifting, dropping of weights, and other such activities is not part of the Planet Fitness atmosphere.) h How will locker room security be handled? (Customers will be able to lock persona! items in their lockers when exercising and showering. Staff will monitor locker room entrances and exits as well_) 6 Parking demand and location. (As this is a smaller facility, parking demand Is also expected to be correspondingly lower. Signs will be posted to guide customers to park in front of the facility.) Parking resulted in more extensive discussion by the applicant, staff and the commission. Concerns were expressed by Trustee ThM, who appeared as both a resident and as Board liaison to the Plan Commission, that nighttime parking in the west part of the site, adjacent to the residential area, would generate complaints from residents. The Commission then discussed various parking issues focused on nighttime usage of the west lot, At the same time, they also reviewed the issue of parking demand in front of the building and the possibility that spaces usually used by customers of nearby retail stores could be occupied by Planet Fitness visitors. Upon asking the applicant, the Commission learned the front of the building, specifically the area in front of the Planet Fitness space, had approximately 60 parking spaces. Due to the smaller size of Planet Fitness and more limited activities when compared to Bally's, the Commission determined customers would tend to park in front anyway. Further, the Commission chose to delete a draft condition of approval (in the staff memorandum) that recommended parking along the west side. (Staff had recommended the condition to minimize parking encroachment into adjacent retail areas.) The Commission asked the applicant to install signs in the Planet Fitness facility asking customers and employees to be courteous to neighbors. Mr. Rufo testified he agrees to this, and further testified he was willing to adhere to any condition of approval made /recommended by the Commission for parking control. Finally, Commissioners emphasized the public notice for this proposal was provided to all surrounding property owners within 250' of the subject site, yet no one from the public that lives west of the site was present to testify concerning this proposal Findings of pact Applicant Mr, Tony Rufo then testified to the applicable Standards for a Special Use as specified in Sec. 12 -16-4C of the Unified Development Code. The Commission concurred with Mr. Rufo's testimony, and based their decision on, these findings. 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 proposed use will actually enhance public health by providing a physical fitness facility at a reasonaoie cost for customers. The proposed use is generally in keeping with the public interest as a commercial use. 2. Adjacent properties —The Special Use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the uses permitted in the zoning district, The proposed project is typical of uses found at shopping centers and commercial areas. The planned front location of parking will reduce usage of the side parking area closest to residential areas. 3, Orderly Development — The establishment of the Special Use will not impede normal and orderly development or impede the utilization of surrounding property for uses permitted in the zoning district. The existing property is located within the Cl General Commercial District, and the project is using a portion of an existing building to its fullest extent. This site and all surrounding sites are already fully developed and used, and this use does not change that status. 4. Adequate Facilities - Adequate utilities, access roads, drainage and other necessary facilities are in existence or are being provided. The use of this existing tenant space for a physical fitness facility does not change requirements for utilities or drainage. S. 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. No significant changes to existing traffic are expected due to this minor site change. Th: applicant's business will use existing access points, and thereby will maintain the existing traffic flow pattern. s Adequate Buffering Adequate ,g and/or r shall be provided w ensure the right of enjoyment of surrounding properties to provide for the public safety or to screen parking areas and other visually incompatible uses, The existing site includes various fencing and landscape hedges and buffering along the west property line adjacent to the residential area. This will help minimize noise and light between properties. 7. Conformance to Other Regulations other respects, conform o applicable provisions of Ordinance ■ . thereto. Variation from provisions of this Ordinance, as provided for in Section 12-16- 3AI, may be considered by the Plan Commission and the Village Board of Trustees as a part of •- permit, The proposed Special Use will be required to meet all Village Codes and Ordinances, and otherwise the proposal and the building appear to conform to applicable zoning requirements. Commission Recommendation Commissioner Roepenack moved, and Commissioner Gabriel seconded, to recommend approval of the Special Use for this project. The motion carried: Yes 5; No Q; Absent 2 The voting: Chairman Farkas Aye Commissioner B1onz Aye Commissioner Dorgan Aye Commissioner Gabriel Aye Commissioner Ramos Absent Commissioner Roepenack Aye Commissioner Shimanski Absent The Plan Commission's recommendation is subject to the following conditions: Prior to the issuance of a Certificate of Occupancy, the parking lot area west of the building shall be sealcoated and restriped. Planet Fitness shall place signs in prominent locations within the facility reminding customers that ample parking is available in the parking area west of the building. 3. The proposed Planet Fitness facility shall be constructed in accordance with the following: a. Floor Plan A -1 dated 428 -11 by Warren Johnson Architects; and b. Fagade Plan (no date) by Warren Johnson Architects, 4. Signs shall be placed along the front of Planet Fitness stating "No Parking — Fire Lane" in locations approved by the Fire Department. 5. The applicant shall submit and obtain Fire Department approval of shop drawings for the following: a. The existing fire sprinkler system and any required alterations. Id, The existing fire alarm system and any required alterations. Legislative Summary Resolution 11 -32 AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE VILLAGE OF MORTON GROVE AND T.P.I. BUILDING CODE CONSULTANTS, INC. FOR PLAN REVIEW AND INSPECTIONAL SERVICES Introduced: June 27, 2011 Synopsis: This resolution will authorize a contract with T.P.I. Building Code Consultants, Inc. to perform Village plan review and inspectional services, and other functions formally performed by the Village's Building Department. I Purpose: Adoption of this resolution will provide for the outsourcing of many functions formally performed by the Village's Building Department. The outsourcing of these services will provide more flexibility in the allocation of resources, and a diversified level of expertise. Background: With the retirement of the Village's Building Commissioner, the Village Board requested staff review options for a cost effective professional and courteous provision of plan review, code enforcement, and inspectional services. Village staff developed a Request for Proposal (RFP) and received multiple proposals. After interviewing several companies, it was determined T.P.I. Building Code Consultants, Inc. (TPI) best suited the Village's needs. If this resolution is approved, the Village will retain this company to perform plan review, zoning review, inspections, code enforcement, emergency inspections, and appearances for the Village. Services may be reduced at the option of the Village or expanded at the mutual option of the parties. The consultant will be supervised by the Village Administrator. Tile consultant will charge the Village on an hourly basis and it is expected the current hourly fee will be comparable and possibly less than salaries and benefits paid to former Building Department employees. One of the benefits of outsourcing these services is the Village will have the benefit I of master code inspection professionals, an Illinois licensed architect, certified plumbing inspectors, residential and commercial building inspectors, and plan examiners. TPI provides similar services for other municipalities such as Lockwood, Lakewood, Lincolnwood, Country Side, and Bensenville. Programs, Depts All Building and inspectional Services Department, Village Administration or Groups Affected: Fiscal Impact: The amount of the contract is outlined in the Professional Services Agreement which has been attached to the Resolution as Attachment "A ". Source of Funds: General Revenue #025023 -552 i 10 Workload Impact: The management and implementation of the agreement will be performed by tine Village Administrator as part of his normal work activities. I Admin Recommend: Approval as presented. Second Reading: Not Required Special Consider. or None Requirements: �v t ` Respectfully submitted. % �= ��� (2 Reviewed by: _ Jo` ph F ade, Village Administrator Teresa Hoffman Liston, C�rpoca ion Counsel RESOI_UT'ION 11 -32 AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE VILLAGE OF MORTON GROVE AND T.P.I. BUILDING COKE CONSULTANTS, INC. FOR PLAN REVIEW AND INSPECTIONAL SERVICES WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois. can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt and WHEREAS, the Village of Morton Grove desires to utilize an outside consultant for the Building and Inspectional Services Department to provide full inspection and plan review services including building, mechanical, electrical, zoning, fire, code enforcement, and plumbing: and WHEREAS, following a Request for Proposal (RFP) and interviewing several companies who provide plan review and inspectional services on a consulting basis, it was determined'T'.P.I. Building Code Consultants, Inc. was the most competent and professional company to provide these services; and WHEREAS, the Village Board has determined it is in the Village's best interest to provide professional, cost efficient, and reliable services to its Village residents and businesses, and WHEREAS, this resolution, once adopted will authorize the Village of Morton Grove and T.P.I. Building Code Consultants., Inc. to enter into a professional services agreement to provide plan review, inspection and code enforcement services to the Village; and WHEREAS, the amount of the contract is not expected to exceed the amount currently accounted for in salaries and other services contained within the Budget. WHEREAS, funds for this contract are included in the 201 1 Adopted Budget in a newly created account number 028023-552 1 10: and NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village President is hereby authorized to execute and the Village Clerk is authorized to attest a contract with T.P.I. Building Code Consultants, Inc. in substantial conformity with Attachment "A" attached hereto and made a part hereof. SECTION 3: The Village Administrator or his desi,nec is hereby authorized to take all appropriate actions to implement the contract. SECTION 4: This Resolution shall be in full force and effect from and upon, its passage and approval PASSED THIS 27`1 DAY ofJUNE. 2011 Trustee DiMatia Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS 27`h DAY OF JUNE 2011 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 28`1 DAY OF JUNE 201 1 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE VILLAGE OF MORTON GROVE AND T.P.I. BUILDING COKE CONSULTANTS, INC. THIS AGREEMENT (`Agreement "), is dated this _ day of June 2011, and is by and between the VILLAGE OF MORTON GROVE, an Illinois Municipal Corporation ( "Village "), and T.P.J. BUILDING CODE CONSULTANTS, INC., an Illinois located 7N262 W. Whispering Trail, St. Charles, Illinois 60175 ("Consultant") IN CONSIDERATION OF the mutual covenants and promises contained herein, the parties agree as follows: SECTION 1. SCOPE OF SERVICES A. Services. The Consultant shall perform and provide necessary Professional Services "Services ") including plan review, zoning review, inspections, code enforcement, emergency inspections, and court appearances for the Village. These Services include but are not limited to the building, zoning, accessibility, electrical, mechanical, and plumbing disciplines, and as more fully described in the proposal attached to this Agreement as Exhibit `A ". The scope of these Services may be reduced at the sole option of the Village or expanded or modified upon the mutual agreement of the parties at any time during this Agreement. B. Village Direction. Unless specified otherwise, actions, decisions and authorities of the Village shall be performed by the Village Administrator or his /her designee. C. Time is of the Essence. Time is of the essence with regard to the performance of the contracted services, specifically including but not limited to any intermediate milestones, plan review, inspections, and phase submittals. D. Mutual Cooperation. The Village agrees to cooperate with the Consultant in the performance of the Services, including meeting with the Consultant and providing the Consultant with such non - confidential information the Village may have which may be relevant and helpful to the consultant's performance of the Services. The Consultant agrees to cooperate with the Village in the performance and completion of the Services and with any other consultants engaged by the Village. SECTION 2. TERM A. Terri of Agreement. This Agreement shall commence and the Consultant shall commence performance of the contracted services upon written notice from the Village acknowledging this Agreement has been fully executed by both the Village and the Consultant. This Agreement will terminate at 12:00 midnight on December 31, 2014, unless otherwise terminated pursuant to this Agreement. B. Termination. Notwithstanding any other provision hereof, either party may terminate this Agreement at any time upon sixty (60) days written notice to the other party. In the event this 1 Agreement is so terminated. the Consultant shall be paid for services actually performed and reimbursable expenses actually incurred, if any, prior to termination, not exceedirn-T the value of the services completed, which shall be determined on the basis of the rates set forth in the Fee Schedule. SECTION 3. COMPENSATION AND METHOD OF PAYMENT A. Agreement Amount. The total amounts paid by the Village for the Services pursuant to this Agreement shall be in accordance with the fee schedule attached to this Agreement as Exhibit "B'. No claim for additional compensation shall be valid unless made in accordance with this Agreement. B. Invoices and Payment. The Consultant shall submit invoices in an approved format to the. Village for fees and costs due to the Consultant in performing the Services. The amount billed in each invoice for the Services shall be based solely upon the rates set forth in Exhibit `B ". The Village shall not have any liability for any other expenses or costs incurred by Consultant which are not listed in Exhibit `B ". Written application for payment for completed work shall be submitted by the Consultant to the Village not more than once monthly on a date specified by the Village. The Village shall pay the Consultant such fees and costs pursuant to the Illinois Prompt Payment Act, C. Records. The Consultant shalt maintain records showing actual time devoted and costs incurred, and shall permit the Village to inspect and audit all data and records of the Consultant for work done pursuant to this Agreement. The records shall be made available to the Village at reasonable times during the term of this Agreement, and for one (l ) year after the termination of this Agreement. The Consultant acknowledges such records may be considered public records, subject to inspection and copying pursuant to the Illinois Freedom of Information Act. D. Claim In Addition To Agreement Amount. 1. The Consultant shall provide written notice to the Village of any claim for additional compensation as a result of action taken by the Village., within fifteen (15) days after the occurrence of such action. 2. The Consultant acknowledges and agrees the provision of written notice pursuant this Section 3D shall not be deemed or interpreted as entitling the Consultant to auv additional compensation; anv such claim shall be valid oniv upon written amendment of this Agreement. 3. Regardless of the decision of the Village relative to any claim for compensation, the Consultant shall proceed with all of the work required to complete the Services under this Agreement, as determined by the Village, without interruption. E. Fee Increases. The Consultant hereby acknowledges and agrees the fees set forth in Exhibit B shall not be increased at any time during the term of this Agreement. F. Taxes, Benefits, and Royalties. All applicable Federal, State, and Village taxes of every kind and nature applicable to the Services, as well as all taxes, contributions, and premiums for 2 unemployment insurance, old a,e or retirement benefits, pensions, annuities, or similar benefits, and all costs, royalties, and fees arising from the use on, or the incorporation into the Services of patented or copyrighted equipment, materials, supplies, tools, appliances, devices, Processes, or inventions are the sole responsibility of the Consultant. All claims or rights to claim reimbursement or additional compensation by reason of the payment of any, such tax, contribution. premium, cost, royalty, or fee are hereby waived and released by the Consultant. SECTION 4. PERSONNEL AND SUBCONTRACTORS A. Key Project Personnel. The Key Project Personnel identified in Exhibit "C" shall be primarily responsible for carrying out the Services on behalf of the Consultant The Key Project Personnel shall not be changed without the Village's prior written approval. B. Availability of Personnel. The Consultant shall provide all personnel necessary to complete the Services including, without limitation, any Key Project Personnel identified in Exhibit "C" or otherwise in this Agreement The Consultant shall notify the Village as soon as practicable prior to terminating the employment, or the unavailability reassignment, or notice of the resignation of any Key Project Personnel. The Consultant shall have no claim for compensation or damages and shalt not bits the Village for additional time and materials charges as the result of any portion of the Services which must be duplicated or redone due to such termination or for any delay or extension of the time of performance as a result of any such termination, unavailability, reassignment, or resignation. C. Approval and Use of Subcontractors. The Consultant shall perform the Services with its own personnel and under the management. supervision, and control of its own organization unless otherwise approved in advance by the Village in writing. All subcontractors and subcontracts used by the Consultant shall be acceptable to, and approved in advance by the Village. The Village's approval of any subcontractor or subcontract shall not relieve the Consultant of full responsibility and liability for the provision, performance, and completion of the Services as required by this Agreement. All Services performed under any subcontract shall be subject to all of the provisions of this Agreement in the same manner- as if performed by employees of the Consultant. 1"or purposes of this Agreement, the term "Consultant" shall be deemed also to refer to all subcontractors of the Consultant, and every subcontract shall include aprovision binding the subcontractor to all provisions of this Agreement. The Village shall not be liable to any subcontractor or third party for any agreements made by the. Consultant without the knowledge and approval of the Village Board of Trustees. D. Removal of Personnel and Subcontractors. If any personnel or subcontractor fails to perform the Services in a professional or courteous manner or in a manner satisfactory to the Village and consistent with commonly accepted professional practices, the Consultant shall immediately upon notice from the Village remove and replace such personnel or subcontractor. The Consultant shall have no claim for damages, for compensation in excess of the amount contained in this Agreement, or for a delay or extension of the time of performance as a result of any such removal or replacement. E. Relationship of the Parties. The Consultant shall act as an independent contractor in providing and performing the Services. Nothing in, nor done pursuant to this Agreement shall be construed: (1) to create the relationship of employer and employee, partners, orjoint K ventures between the Village and Consultant or (2) to create any relationship between the Village and any subcontractor of the Consultant. F'. Conflict of Interest. The Consultant represents and certifies, to the best of its knowledge: (1) no Village employee or agent isinterested in the business of the Consultant or this Agreement; (2) as of the date of this Agreement, 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 Agreement; 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 conflict in any manner or degree with the performance of the obligations under this Agreement. G. No Collusion. The Consultant represents and certifies the Consultant is not barred from contracting with a unit of state or local government as a result of: (I ) a delinquency in the payment of any tax administered by the Illinois Department 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 set forth in Section 11- 42.1 -1 ei seq_ of the Illinois Municipal Code, 65 ILCS 5/11- 411 -1 et seq.; or (2) a violation of either Section 33E -3 or Section 33E -4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E -I et seq. The Consultant represents the only persons, firms. or corporations interested in this Agreement as principals are those disclosed to the Village prior to the execution of this Agreement, and this Agreement is made without collusion with any other person, firm, or corporation. If at any time it shall be found the Consultant has, in procuring this Agreement, colluded with any other person, firm, or corporation, then the Consultant shalt be Iiable to the Village for all loss or damage the Village may suffer, and this Agreement shall, at the Village's option, be null and void. SECTION 5. INFORMATION A. Confidential Information. The term "Confidential Information" shall mean information in the possession or under the control of the Village relating to the technical. business, or corporate affairs of the Village; Village property; user information, including, without limitation, any information pertaining to usage of the Village's computer system, including and without limitation, any information obtained from server logs or other records of electronic or machine readable form; and the existence of, and terms and conditions of, this Agreement. Village Confidential Information shall not include information that can be demonstrated: (1) to have been rightfully in the possession of the Consultant from a source other than the Village prior to the time of disclosure of such information to the Consultant; (2) to have been in the public domain prior to the Time of Disclosure; (3) to have become part of the public domain after the Time of Disclosure by a publication or by any other means except an unauthorized act or omission or breach of this Agreement on the part of the Consultant or the Village; or (4) to have been supplied to the Consultant after the Time of Disclosure without restriction by a third party who is under no obligation to the Village to maintain such information in confidence. B. No Disclosure of Confidential Information by the Consultant. The Consultant acknowledges it shall, in performing the Services for the Village under this Agreement, have access or be directly or indirectly exposed to Confidential information. Tine Consultant shall hold confidential all Confidential Information and shall not disclose or use such Confidential 4 Information without the express prior written consent of the Village. The Consultant shall use reasonable measures at least as strict as those the Consultant uses to protect its own confidential information. Such measures shall include, without limitation, requiring employees and subcontractors of the Consultant to execute a Nondisclosure Aareement before obtaining access to Confidential Information. The Consultant shall cause all of its employees and subcontractors who will provide service for the Village or receive confidential information of the Village to sign the Nondisclosure Agreement as attached hereto as Exhibit " D" C. News Releases. The Consultant shall not issue any news releases, advertisements, or other public statements regarding the regarding Services without the prior written consent of the Village Administrator. D. Ownership. Designs, drawings, plans, specifications, photos, reports, information, observations, calculations, notes, and any other documents, data, or information, in any form, prepared, collected, or received from the Village by the Consultant in connection with any or all of the Services to be performed under this Agreement ('Documents") shall be and remain the exclusive property of the Village. At the Village's request, or upon termination of this Agreement, the Consultant shalt cause the documents to be promptly delivered to the Village. E. GIS Data. The Village has developed digital map information through Geographic Information Systems Technology concerning the real property located within the Village. If requested to do so by the Consultant, the Village agrees to supply the Consultant with a digital copy of the GIS Data, subject to the following conditions: ZI I. Limited Access to GIS Data. The GIS Data provided by the Village shall be limited to the scope of the Services the Consultant is to provide for file Village, 2. Purpose of GIS Data. The Consultant shall limit its use of the GIS Data to its intended purpose of furtherance of the Services; and Agreement with Respect to GIS Data. The Consultant does hereby acknowledge and agree: a. Trade Secrets of the Village. The GIS Data constitutes proprietary materials and trade secrets of the Village, and shall remain the property of the Village; b. Consent of Village Required. Tire Consultant will not provide or make available the GIS Data in any form to anyone without the prior written consent of the Village Administrator; C. Supply to Village. At the request of the Village, the Consultant shall supply the Village with any and all information that may have been developed by the Consultant based on the GIS Data: d. No Guarantee of Accuracy. The Village makes no guarantee as to the accuracy.. completeness, or suitability of the GIS Data in regard to the Consultant's intended use thereof; and e. Discontinuation of Use. At such time as the Services have been completed to the satisfaction of the Village, the Consultant shall cease its use of the GIS Data for any purpose whatsoever, and remove the GIS Data from all of the Consultant's databases. files, and records; and, upon request, an authorized representative of the Village shall be afforded sufficient access to the Consultant's premises and data processing equipment to verify compliance by the Consultant with this Section. SECTION 6. STANDARD OF SERVICES AND CONTRACTOR DUTIES A. Representation and Certification of Services. The Consultant represents and certifies the Services shall be in a manner at feast as good as that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the region or the standards set forth in Exhibits "B"and "C", whichever is higher. Consultant shall provide additional services as needed to correct any detects or deficiencies in the Contracted Services and shall bear all costs related to the correction of the Consultants deficient performance at no additional cost to the Village. B. Reporting. The Consultant shall report to the Village on a regular basis typically once a week or more as needed or requested by the Village, regarding the progress of the services during the term of this Agreement. C. Ability to Perform Services, necessary financial resources, complete the Services pursuar representation in entering into The Consultant represents it is financially solvent, has the and is sufficiently experienced and competent to perform and t to the tenns of this Agreement and the Village has relied on this this Agreement. D. Compliance with Laces and Grants. 1. Compliance with Laws. The Consultant shall give all notices, pay all fees, and take all other action that may be necessary to ensure the Services are provided, performed, and completed in accordance with all required governmental permits, licenses, or other approvals and authorizations that may be required in connection with providing, performing, and completing the Services, and with all applicable statutes, ordinances, rules, and regulations, including, without limitation: any applicable prevailing wage laws; the Fair Labor Standards Act; any statutes regarding qualification to do business: any statutes requiring preference to laborers of specified classes; any statutes prohibiting discrimination because of, or requiring affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited classification, including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the Illinois Human Rights Act, 775 ILCS 511 -101 et seq. The Consultant shall also comply with all conditions of any federal, state, or local grant received by the Village or the Consultant with respect to this Agreement or the Services. Further. the Consultant shall have a written sexual harassment policy in compliance with Section 2- 105 of the Illinois Human Rights Act. 2. Liabilitv for Noncompliance. The Consultant shall be solely liable for any fines. damages, liabilities or civil penalties imposed or may arise, or are alleged to have 0 arisen, out of or in connection with the Consultant, or anv of its subcontractors, performance of, or failure to perform, the Services or any part thereof. Required Provisions. Every provision of law required by law to be insetted into this Agreement shall be deemed to be inserted herein. E. Equal Employment Opportunity During the performance of this Agreement, the Contractor agrees as follows: That, it will not discriminate against any employee or applicant for employment on the basis of race, age, marital, status, color, religion, sex, physical or mental handicap unrelated to ability, national origin or ancestry or an unfavorable discharge from military service; and further they will examine all job classifications to determine if minorities or women are underutilized and shall take appropriate affirmative action to rectify any such undermilization. 2. That, if it hires additional employees in order to perform this contract or any portion hereof, they shall determine the availability (in accordance with the Illinois Department of Human Rights' [ "Department "] rules of minorities and women in the area[s] from which they may reasonably recruit), and it will hire for each applicablejob classification for which employees are hired in such manner that minorities and women are not underutilized. ?. That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state all applicants will be afforded equal opportunity without discrimination based on race, color, religion, sex, national origin or ancestry, marital status, age physical or mental handicap unrelated to ability or an unfavorable discharge from the military. 4. That, it shall send to each tabor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the contractor's obligations under the Illinois Human Rights Act and the Department's Rules. If any such labor organization or representative fails or refuses to cooperate with the Consultant in their efforts to comply with such Act and Rules, the Consultant shall promptly so notify the Department and the contracting agency, and shall recruit employees from other sources when necessary to fulfill their obligations hereunder. That, it shall submit reports as required by the Department's Rules and furnish all relevant information as may from time -to -time be requested by the Department or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules. That, it shall permit access to all relevant books, records, accounts and work sites by personnel of the Department and the contracting agency for purposes of investiclation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules. That, it shall include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed so such provisions will be binding upon such subcontractor. h7 the same manner as with other provisions ofthis contract, the contractor- will be liable for compliance with applicable provisions of this clause by such subcontractors, and further it will promptly notify the Department or contracting agency in the event any subcontractor fails or refuses to comply therewith. In addition, no contractor shall utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for- contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. In the event of the Consultant's noncompliance with any provision of this Equal Employment Opportunity clause, the Illinois Human Rights Act, or the Rules and Regulations of the Illinois Department of Human Rights ( "Department the Consultant may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. F. Lien Waiver. Consultant shall promptly pay for all services, labor, materials, and equipment used or employed by Consultant in the performance of the Services and shall maintain all materials, equipment, structures, buildings, premises. and property of the Village free and clear of mechanics or other liens. Consultant shall, if requested, provide Village with reasonable evidence all services. labor, materials, and equipment have been paid for in full. & Health and Safety. Consultant acknowledges there may be hazardous substances, wastes, or materials as defined by applicable Law ( "Hazardous materials "} at project sites or otherwise associated with the contracted services and Consultant shall take appropriate precautions to protect and shall be solely and continuously responsible for the health, safety.. and welfare associated with its employees, subcontractors, agents, and those persons under the supervision and control of the Consultant with the performance of the Contracted Services. The Consultant's employees, agents, and employees shall be experienced and properly trained to perform the contracted services under such conditions and shall take adequate precautions to protect human health and the environment in the performance of the contracted services. In the event the Consultant observes a potentially hazardous condition relating to the contracted services, Consultant shall bring such condition to the attention of the Village. H. Contact with regulatory Agencies. Except to the extent expressly set forth in this Agreement, the Consultant shall not communicate directly with applicable governmental regulatory agencies without prior express authorization from the Village unless directed otherwise. The Consultant shall direct inquiries from governmental regulatory agencies to the Village for an appropriate response. I. Quality Control Plans. When required by the scope of services, the Consultant shall execute a quality control plan acceptable to the Village ensuring the quality of its work products and activities. Prior to starting the performance of the contracted services, consultant shall submit its quality control plan for the work products and activities identified in the Scope of Services. Submission of the quality control plan to the Village will not replace in any way the Consultant's responsibility for quality control or for its work products and activities. Notwithstanding any review by the Village, the Consultant shall be responsible for the quality for the contracted services. SECTION 7. INSURANCE, INDEMNIFICATION, AND LIABILITY A. Insurance Consultant shall procure and maintain, for the duration of the contract, insurance against claims for injuries to 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 subcontractors. 2. Minimum Scope of Insurance - Coverage shall be at least as broad as: a. Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village named as additional insured, on a form at Ieast as broad as the attached sample endorsement including ISO Additional Insured Endorsement CG 2020 CG 2026); and Owners and Contractors Protective Liability (OCP) policy with the Village as insured ; c. Insurance Service Office Business Auto Liability coverage form number CA 0001: and d. Workers' Compensation as required by the Workers' Compensation Act of the State of Illinois and Employers' Liability Insurance; and Professional Liability Insurance with respect to negligent acts, errors and omissions in connection with professional services to be provided under the Agreement, including but not limited to preparing, approving, or failure to prepare or approve maps, drawings, opinions, report, surveys, change orders, designs or specifications, providing direction, instruction, supervision, inspection, engineering services or failing to provide them. Minimum Limits of Insurance: Consultant shalt maintain limits no less than the following: a. Commercial General Liability: $5,000,000 combined single Limit per occurrence for bodily injury, and property damage and $5,000,000 per occurrence for personal injury. b. Owners and Contractors Protective Liability (OCP): $5,000,000 combined single limit. c. Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. d. Workers' Compensation and Employers' Liability: Workers' Compensation Coverage with statutory limits and Employers' Liability limits of $500,000 per accident. e. Professional Liability Insurance: $1,000,000 each claim with a deductible not - to- exceed $50,000 without prior written approval. 4. Generai Insurance Provisions: 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 coverage shall contain no special limitations on the 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 the 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 interests /cross liability clause or language stating the 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. 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 insureds. f All general liability coverages shall be provided on an occurrence policy form. Claims -Made General Liability Policies will not be accepted. g. The insurer shall agree to waive all rights of subrogation against the Village, its officials, agents, employees and volunteers for losses arising from work performed by Consultant for the Village. h. 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. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in IN limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Village, hisurance is to be placed with a Best's rating of no Jess than A -, VII and licensed to do business in the State of Illinois. k. Consultant 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 endorsements 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 to 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 Additionat Insured Endorsements CG 2010 or CG 2026, The Village reserves the right to request full certified copies of the insurance policies and endorsements. 1. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. B. Assumption of Liability. The Consultant assumes liability for all injury to or death of any person or persons including employees of the consultant, subcontractor or any other person and assumes Iiability for all damage to property sustained by any person or persons occasioned by or in any way arising out of any work performed pursuant to this Agreement. C. Indemnity. '7o the fullest extent permitted by law, the Consultant hereby agrees to defend, indemnify, and hold harmless the Village, its officials, agents, and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, cost and expenses (including attorneys' fees) that may arise, or be alleged to have arisen, out of or in connection in whole or in part with the Consultant's performance of, or failure to perform, the Services or any part thereof, or any failure to meet the representations and certifications set forth in this Agreement or in consequence of the performance of this work by the Consultant, its employees, or subcontractor, or which may in anywise result therefore, except arising out o" 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 connection therewith, and if any judgment shall be rendered against the Village, its officials, agents and employees in any such action. the Consultant shall at its own expense, satisfy and discharge the same. The Consultant expressly understands and agrees 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. The Consultant further agrees to the extent money is due the Consultant by virtue of this contract as shall be considered necessary in the judgment of the Village.. may be retained by the Village to protect itself against said loss until such claims, suits, or judgments shall have been settled or discharged and /or evidence to that effect shall have been famished to the satisfaction of the Village. i1 D. No Personal Liability. No elected or appointed official or employee of the Village shall be personally liable, in law or in contract, to the Consultant as the result of the execution of this Agreement. SECTION 8. DEFAULT If it should appear at any time the Consultant has failed or refused to prosecute. or has delayed in the prosecution of, the Services with diligence at a rate that assures completion of the Services in full compliance with the requirements of this Agreement, or has otherwise failed, refused, or delayed to perform or satisfy the Services or any other requirement of this Agreement and fails to cure any such event of default within two (2) business days after the Consultant's receipt of written notice of such event of default from the Village, then the Village shall have the right., without prejudice to any other remedies provided by law or equity, to pursue any one or more of the following remedies: A. Cure by Consultant. The Village may require the Consultant, within a reasonable time. to complete or correct all or any part of the Services that are the subject of the event of default; and to take any or all other action necessary to bring the Consultant and the Services into compliance with this Agreement. B. Termination of Agreement by Village. The Village may terminate this Agreement without Liability for further payment of amounts due or to become due under this Agreement after the effective date of termination. C. Withholding of Payment by Village. The Village may withhold from any payment, whether or not previously approved, or may recover from the Consultant, any and all costs, including attorneys' fees and administrative expenses, incurred by the Village as the result of any event of default by the Consultant or as a result of actions taken by the Village in response to any event of default by the Consultant. SECTION 9. GENERAL PROVISIONS A. Assignment. This Agreement may not be assigned by the Village or by the Consultant without the prior written consent of the other party. B. Binding Effect. The terms of this Agreement shall bind and inure to the benefit of the Village, the Consultant, and their agents, successors, and assigns. C. Notice. All notices required or permitted to be given under this Agreement shall be in writing and shall be delivered (1) personally, (2) by a reputable overnight courier, or (3) by certified mail, return receipt requested, and deposited in the U.S. Mail, postage prepaid. Unless otherwise expressly provided in this Agreement, notices shall be deemed received upon the earlier of: (a) actual receipt; (b) one business day after deposit with an overnight courier, as evidenced by a receipt of deposit; or (e) four business days following deposit in the U.S. mail, as evidenced by a return receipt. By notice complying with the requirements of this Section, each party shall have the right to change the address or the addressee, or both, for all future notices and commwlications to the other party, but no notice of change of addressee or 12 address shall be effective until actually received. Notices and communications to the Village shall be addressed to. and delivered at the following address: Village of Morton Grove 6101 Capuiina Avenue, Morton Grove, Illinois 60053 Attention: Village Administrator With a copy to: Village of Morton Grove 6101 Capuiina Avenue, Morton Grove, Illinois 60053 Attention: Corporation, Counsel Notices and communications to the Consultant shall be addressed to, and delivered at. the following address: T.P.I. Building Code Consultants, Inc. 7N262 W. Whispering Trail St. Charles, Illinois 6017 5 Attention: Joanne Tisinai D. 'third Party Beneficiary. No claim as a third party beneficiary under this Agreement by any person, firm, or corporation shall be made or be valid against the Village. E. Severability. The invalidity or unenforceability of any particular provision of this Contract shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. F. Calendar Days and Time. Unless otherwise provided in this Agreement, any reference in this Agreement to "day" or "days" shall mean calendar days and not business days. If the date for giving of any notice required to be given, or the performance of an} obligation, under this Agreement falls on a Saturday, Sunday.. or federal holiday, then the notice or obligation may be given or performed on the next business day after that Saturday. Sunday. or federal holiday. G. Authority to Execute. The Villaee. The Village hereby warrants and represents to the Consultant the persons executing this Agreement on its behalf have been properly authorized to do so by its Corporate Authorities. 1 The Consultant. The Consultant hereby warrants and represents to the Village the persons executing this Agreement on its behalf have the full and complete right, power, and authority to enter into this Agreement and to agree to the terms, provisions, and conditions set forth in this Agreement and all legal actions needed to authorize the execution, delivery, and performance of this Agreement have been taken. 13 H. Entire Agreement. This Agreement constitutes the entire Agreement between the parties to this Agreement and supersedes all prior Agreements and negotiations between the parties, whether written or oral, relating to the subject matter contained in "K" of this Agreement. Consents. Unless otherwise provided in this Agreement, whenever the consent, permission, authorization, approval, acknowledgement, or similar indication of assent of any party to this Agreement, or of any duly authorized officer, ernpioyee, agent, or representative of any party to this Agreement, is required in this Agreement, the consent, permission, authorization, approval, acknowledgement, or similar indication of assent shall be in writing. J. Grammatical Usage and Construction. In construing this Agreement, pronouns include all genders and the plural includes the singular and vice versa. K. Interpretation. This Agreement shall be construed without regard to the identity of the party who drafted the various provisions of this Agreement. Moreover, each and every provision of this Agreement shall be construed as though all parties to this Agreement participated equally in the drafting of this Agreement. As a result of the foregoing, any rule or construction that a document is to be construed against the drafting party shall not be applicable to this Agreement. L. Readings. The headings, titles, and captions in this Agreement have been inserted only for convenience and in no way define, limit, extend, or describe the scope or intent of this Agreement. M. Exhibits. All Exhibits attached to this Agreement are, by this reference, incorporated in and made a part of this Agreement. In the event of a conflict between an Exhibit and the text of this Agreement, the text of this Agreement shall control. N. Rights Cumulative. Unless expressly provided to the contrary in this Agreement, each and every one of the rights, remedies, and benefits provided by this Agreement shall be cumulative and shall not be exclusive of any other rights, remedies, and benefits allowed by law. O. Compliance with Freedom of Information Act Request. The Illinois Freedom of Information Act (FOIA) has been amended and effective January 1, 2010, adds a new provision to Section. 7 of the Act which applies to public records in the possession of a party with whom the Village has contracted. The Village will have only a very short period of time from receipt of a FOIA request to comply with the request, and there is a significant amount of work required to process a request including collating and reviewing the information. The consultant acknowledges the requirements of FOIA and agrees to comply with all requests made by the Village for public records (as that term is defined by Section 2[c] of FOIA) in the consultant's possession and to provide the requested public records to the Village within two (2) business days of the request being made by the Village. The Consultant agrees to indemnify and hold harmless the Village from all claims, costs, penalty, losses and injuries (including but not Limited to, attorney's fees, other professional fees, court costs and /or arbitration or other dispute resolution costs) arising out of or relating to its failure to provide the public records to the Village under this Agreement. 14 P. Amendment and Waiver, This Agreement may be amended only by a writing executed by each of the parties. Either party may waive any provision of this Agreement to the extent such provision is for the benefit of such waiving party. No action taken pursuant to this Agreement shall be deemed to constitute a waiver by that party of it's or the other party's compliance with any representations or warranties or with any other provision of this Agreement. No waiver by either party of a breach of any provision of this Agreement 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 co any right or remedy with respect to such noncompliance or breach. Q. Governing Laws Venue, Jurisdiction, and Service of Process. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Illinois. The parties agree any suit, action or proceeding arising out of or related to this Agreement shall be instituted in the Federal District Covet (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. IN WITNESS WHEREOF, the Parties have executed this Agreement this day o, June 20i 1. VILLAGE Signature Daniel J. Staackmann Village President June ,2011 Date 15 CONSULTANT Signature Name (Typed or Printed) Date Scope of Work — Man Review Services. The Village requests proposals for zoning and plan review services for residential and commercial structures to complete timely, clear and concise written plan review reports and plan approval. The firm will be required to complete reviews in a timely manner, taking into account all adopted codes, including local amendments. Plan reviews shall be performed sotely by individuals certified by the International Code Council (ICC) or an equivalent certification. Review will be based on compliance with all federal, state, and local codes and amendments. A sample plan review and inspection reports utilized by vour firm are recurred with vour response. II. Scope of Work — Inspections. The Village requests proposals for inspection services to complete timely, clear and concise written reports in a manner customized to meet the unique requirements of the Village. Inspections will be based on compliance with all federal, sate, and Local codes. Required Field Inspections (Residential and Non Residential). List of inspections may not be all inclusive. These are typical inspections. The Village of Motion Grove reserves the right to add or remove inspections during the life of the contract. New inspection services will be negotiated between the firm and the Village. The following building inspections are currently required: Certificate of occupancy Business license Damp /water proofing Demolition Drain tile Elevator Footing pre. -pour rFoundation �Prepour Foundation baekfill �! Electrical service House wrap /tyvek/ felt paper Rough building framing � { prior to masonry installation Pre -pour inspections of base Rough mechanical Rough plumbing for concrete, asphalt, or brick _ I Pavers Insulation Piers /post holes for decks or _ I _ fences 1 Pre - taping Final mechanical Final electrical Final plumbing Final inspection /certificate of Sign code i occupancy 16 The following fire inspections are currently- required: Annual fire inspections + Reinspections Certificate of Occupant Sprinkler system hanger � Sprinkler system hydro -test Sprinkler system final ti nspections witnessing inspection Sprinkler system rough Witness of fire alarm tests Commercial hood and duct inspection system tests On Call EmerRenev Inspections for Public tiafety. The Village current provides inspections for the Police and Fire Departments where a residential or commercial structure is damagoed from accident. fire, natural disaster, or other cause. It is the intent for the successful firm to provide its available response to perform an inspection of a damaged structure by structural engineer or certified professional and determine whether the structure is habitable. Firm to include response time in Appendix "B ". Y Code Enforcement, The Village is considering increasing property maintenance code enforcement efforts through a contract firm. The successful firm would perform week)}/ tours of the Village and cite code violations. The firm would also perform these duties while on inspection. The Village will also consider proposals that provide a different methodology for achieving code enforcement through a contracted firm. Court Appearance. At times the inspector or code enforcement officer will need to appear in court with the Village Prosecutor to attest the issuance of ordinance violations, stop work orders, etc. III. Service Performance Standards. The Villase is seeking the following minimum level of services: a Residential and Non- Residential Inspections. All inspections performed within twenty -four (24) hours of the time the inspection is requested, with the exception of weekends and Village holidays. r Code Enforcement • Weekly code enforcement tours of four hours each. e Use Village's software to report code violations. Respond to code violations in progress: contact appropriate Village Officials. Make appearances with the Village Prosecutor as needed. Provide On -Cali trm�rgene�speetions for Public Safety. • Estimated frequency of six times per year. • Inspect to determine if structure is safe and habitable. Court Appearance. Appear at court with Village Prosecutor and testify as needed on behalf of the Village. isl IV. Minimum Qualifications /Credentials. The successful respondent(s) shall have experience performing municipal inspections and possess licensing and certification appropriate for the work to be performed. Persons performing plan reviews and field inspections must possess the following credentials (or equivalent): V Residential • Plan Reviewer (one or more of the to Illinois Licensed Architect (LA) Engineer (PE) Four -year degree in construction management ¢ 1CC certification — building plans examiner • Field Inspectors R Structural inspections — ICC certificate in residential building inspections or PE or LA ® Concrete inspections — ICC certificate in residential building inspections or PE or LA Mechanical /HVAC — ICC certificate in residential mechanical inspections or PE or LA ® Electrical — ICC certificate in residential electrical inspections or Journeyman electrician R Plumbing — State of Illinois licensed plumber Non - Residential c Plan Reviewer (one or more of the following): Master Code (MCP) ® Illinois Licensed Architect (L,A) ® Engineer (PE) o Field Inspectors a Structural ICC certification Commercial building inspector Concrete ICC certification Commercial building inspector E Mechanical /fIVAC ICC certification Commercial mechanical inspector ® Electrical ICC certification Commercial electrical inspector or journeyman Plumbing State of Illinois Licensed plumber Special Provisions 1. All inspectors must be employees of the responding company. No subcontracting is allowed unless specifically approved by the Village. 2. Inspectors shall carry cell phones and communicate directly with contractors on inspections. reinspeetions, and code violations. 18 I. Inspectors shall submit inspection reports on a daily basis. 4. Inspectors shall utilize company owned vehicles and equipment with full insurance coverage. 5. Inspectors shall carry Village identification cards. 6. To schedule and track inspections the Village uses Springbrook software (http: / /ww nr?rooksoftware.com). This software includes the use of portable printers for the purpose of printing inspection reports in the field. To track code violations the Village uses software known as E -Gov (hart: / /wvnv2.e(ovI ink,com). Use of this software by the successful vendor- is required. The Village will train any of the firm's ernployees on the use of this software. 7. Minimum insurance requirements. The successful contractor must be able to provide the following insurances: $1,600,000 in liability insurance » S 500,000 worker's compensation coverage m $1,000,000 auto insurance coverage • 11,000,000 liability coverage • $1,000,000 additional general liability umbrella All the above insurances must include the Village of Morton Grove as an additional insured with a minimum thirty (30) day cancellation notice to the Village. 19 3 -a s 4 IBM 1 Please fill in the chart to provide rates for services of plan reviews and inspections in the following schedule of tasks. I COURT APPEARANCR:4 SUNDAY AND HOLIDAY $78.00 /hour minimum I hour and 1 hour travel $65.00/hour minimum 1 hour and 1 hour travel Monday- Friday after 5pm and Saturdays until 5pm $117.00/hour minimum i hour and i hour travel Inspections /Emergency inspections after 5pm Saturday, Sundays and Holidays $156.00 /hour minimum 1 hour and I hour travel TELEPHONE INQUM ES BY VILLAGE STAFF OR No charge during normal business hours for general public and no charge at any GENERAL PUBLIC time for Village Staff. General public telephone inquiries received after business hours will be returned the next business day. MAJOR PROJECTS PLAN REVIEW BILLABL" RATE 1 INSPECTION BILLABLE RATE COMMERCIAL I See attached fee sheet _ $78.00/hr (min. 1 hr. & 1 hr. travell Additions New Building Parking Lot New attached fee sheet See attached fee sheet all re- reviews (min. I hr. & 1 hr. travel) .00/hr (min. I hr. & I hr. travel) (min. 1 hr. & I fir. travel) Fire Sprinkler See attached fee sheet i $78.00/hr (min. I hr. & I hr. travel) Hood /Duct See attached zee sheet $78.00 /hr (min. 1 hr. & 1 hr. travel) Plumbing See attached fee sheet (min. ) hr. & 1 hr. travel) Sewer Repair Private 1 No IIV AC/Electrieal /Fire/Plum ping $78 00/hr (min 1 hr $ 1 or travel) Antenna System $200 including al re- reviews $78.00 hr (min. I hr. & 1 hr. travel) Burglar Alarm $200 includin , atI re- reviews $78.00 /hr (min. 1 hr. & 1 hr. travel) Electrical Motor $200 including alt re- reviews $78.00 /hr (m u. 1 hr. & 1 h hr. Electrical Revision $200 including all re- reviews $78 00 /hr (min In & I .travel) hr travel) Electrical al Service $200 including all re- reviews $78 00/hr (min 1 hr & h travel) Fire Alarm See attached fee sheet $78.00 /hr (min. I hr. & 1 hr. travel) Interior Demo �nnn .,n Fire Sprinkler See attached fee sheet i $78.00/hr (min. I hr. & I hr. travel) Hood /Duct See attached zee sheet $78.00 /hr (min. 1 hr. & 1 hr. travel) Plumbing See attached fee sheet (min. ) hr. & 1 hr. travel) Sewer Repair Private 1 No charge $78 00/hr (min 1 hr $ 1 or travel) Sewer Repair Public No charge $78 00/hr (min 1 hr & I br. travel) Water Service 1 e i $75.00 travel) $78.00/hr (min. I hr. & 1 hr. travel) Wet Chemical See attached fee sheet $78.00 hr (min. 1 hr. & 1 hr. raven Item n1R nm aricl/R unrsi r Demo $200 including all re- reviews $78 00 hr (min 1 hr. & I hr. travel) Exterior Remodel $200 including all re- reviews I $78.00/hr (min, I ti e i Im. travel) Flood $200 including all re- reviews $78.00/hr (min 1 hr. & 1 hr. travel) . Interior Build $200 including alI I re- reviews for up to 500 j $78.00/hr (min. 1 h & I hr travel) square ft., over 500 square ft. refer to fee sheet Interior Demo �nnn .,n Interior Remodel $200 including all re- reviews for up to 500 1 $78.00 /hr (min. 1 hr. & 1 hr, travel) I square ft., over 500 square ft. refer to fee sheet j GnSite Visit NA Site Development $78.00 /hr (min. 1 hr. & 1 hr, travel) $200 hneiudin all re- reviews $78.00 nr nnin. I hr. & I RESIDE BTTLAL hr. travel) Addition I Exterior ro ert�� 55670 including all re- reviews Second Story Addition $78.00 /hr (min. I hr. & 1 h travel) $670 including a t re- reviews j F3asement $200 includin all e e ews $78.00 /hr (min_ ] hr. & 1 hr. avel) y mood $200 inciud ng $78.00fly (min I hr. & } h=.. ravel] all re- reviews $78.00 /hr (min. 1 hr. & 1 hr, travel) New Multi - Family - Attached single famil }� is single family rate 1 $7fi.00 /hr (min. 1 hr. & i hr. travel) for each unit. Multi - family follows 1 commercial fee schedule. j New Single Family See attached fee sheet $78.00/hr (min. I hr. & 1 Is. travel HVAC /EieeYricaV� ire PiumbinQ Boiler $75 Burglar Alann $7J $78.00 /hr (min. I hr. & 1 hr. travel) I Electrical Motor $75 578.00 /hr (m n. 1 hr. & I hr. navel) 1. Electrical Service Re airs No change $78.00/hr (min. 1 in. & I hr. travel) ; Electrical Service $75 $78.00 /hr (min. I ln. & 1 hr. t avel) Fire Sprinkler 1 $78.00 /hr (min. I n . & 1 hr. travel) See attached fee sheet $78.00 /hr (min. I hr. & I hr, travel) j 1 Plumbin g See attached fee sheet l $78.00 /hr (min. I hr. & 1 hr, travel) Sewer I $75 I Sewe Repair $78 00 /hr (null, ' hr & i iv travel) No chat e $78 00 /h , ) l N aiv n�eetne i $7t (mm I h & I lu travel Water Heater $75 $78.00/1 (mm 1 hr. & 1 hr. ravel) 1 ]Water Service $78.00 /hr (min. 7 hr-& 1 hr. travel) 575 $78.00 /hr (min. 1 hr. & i hr. travel) Water Service Re air No char e $78.00/ (min. 1 hr. & 1 i . trave±) Bath Demo Remodel i2e aer 5200 including all re- reviews Internal Remodei $7UOQn (min. 1 hr. & 1 hr. travel) j I $200 including all re. reviews $7./hr Kitchen Remodel 8 00 (min. I hr. & I hr. travel) -- ---- -el $20O inclnd;na all re- reviews $78.00 /hr (min. 1 hr. & 1 hr. travel) 1 1VgI1°d ®R PIC�JE S COMMERCIAL PLAN REVIEW BILLABLE RATE INSPECTION BILLABLE RATE Awning External Pro erty - `9;100 l i Concrate hi -house $78.00 /hr (min. 1 hr, & I hr. travel) Curb Cut j In -house $78.00 /hr (min. 1 hr. & i hr. travel) Door Window I $78 $65 .00 /hr (min i hr. & 1 hr travel) j Driveway In -house $78.00 /hr (min. 1 hr. & 1 h . ravel) Fence $65 $78.00 /hr (min. I hr. & I hr. travel) Gutter /Down Spout In -house $78.00/hr (min. 1 hr. &I hr. travel) Lawn S rinkler $65 $78.00/hr (min. 1 hr. & i hr. travel) Parking Lot Repairs I In -house $78.00 hr (min. 1 hr. & 1 hr, travel) Koof I 1 In-house $78.00/111- (milt hr & ) n travel) ROW Utilit In -houses $78.00 /hr(mm. I hr. & I hr, travel) S�dnn In house $78 00/hr (mm h B 1 nr travel) 1 Steps In -house $78.00/hr (min. 1 lu-. & I hr. travel) r Tuck Point In -house $78.00/hr (min. 1 hr. & 1 hr. travel � 1 $78.00 /hr ('mtn. 1 ht. & 1 hr. travel) I H'VA C /El ectricat/Fi re/Pi um bins Asir Conditioning In -house $78.00 /hr (min. I hr. & '_hr uavel) Fne /Chimney . In -house $78.00 /hr (min I h & I hr. travel) � Demo/Remodel/Repair Repairs In -house $78.00 /hr (min. i hr. & 1 hr. travel) � Suns Banner In-house i $78.00/hr (min. I hr. & 1 hr. travel) I Canopy in- house 1 $78 00 hr (min. 1 hr. & 1 hi mavel) I�Ilumma� d In -house 1 $78.00 /hr (mm. I hr. & 1 hr. travel) Non- Illuminated In -house $78.00/hr (min, 1 hr & 1 hr. travel) Temporary Larffe In -house � $78 OOlhr (min 1 hr & i travel) Temporary Small In -house $78 00 hr (min 1 hr & ' In t av 1) RESIDENTIAL Fsterior/Pro p erty Accessory Structure $125 $78.00/hr (min. I hr. & 1 hr. avel) Concrete Slab In -house $78.00 /hr (min. I hr. & 1 hr. ravel) Deck 1 $125 $78.00 /hr (min. 1 hr. & 1 hr. travel) Drain Tile In -house 578.00 /hr (min. 1 hr. & 1 hr. travel) _Driveway In- house I $78.00 /hr (min. i hr. & I hr. travel) Driveway New In -house > $78.00/hr (mir l h & I h travel) ell In -house $78.00 hr (min. i hr. & I hr. travel) Garage $200 $78.00/hr (min hr. & r hr. travel) Garage Door ht -house j $78.00/hr (min. 1 ]it. & I hr. travel) Gazabo $125 1 $78.00 /hr (min. I hr. & 1 hr. travel') Gutter /Downspout In- house $78 00 /hr (min I h & I lv travel) Lawn Sprinkler 9,6e � $78.00/hr (min. 1 hr. & ] hr. travel) Patio I In. -house $78.00 /hr (min. 1 hr. & 1 hr. travel) Porch $125 $78.00/hr (min. i hr. & I hr. travel) Roof In -house $78.00 /nr (min. 1 hr. & 1 u. travel) Shed $65 ) i $78.00/hr (min. 1 hr. & 1 hr. travel) I Steps 1 In -house i $78.00/hr (min 1 hr. & ' hr. travel) HVAC/Eieetrical/Fi re/Pium bins toner n- louse S78.0-0/hr (min 1 hr & 1 h travel) Attic Fan In -house $78.00 /hr (min. I hr. & I in. travel) Fire /Ch mney In -house $78.00 /hr (min. I hr. & I hr. travel) Furnace In -house $78 00/hr (min 1 h & 1 h- t•.aver) Generator $65 $78.00 /hr (min. 1 hr. & 1 hr. travel) Lawn Sprinkler $65 $78.00lhr (min. 1 hr. & 1 hr, travel) j Sump Pump In -house $78.00 /hr (min. 1 hr. cf 1 hr. travel) Demo/RemodeURe air Demo Access Structure In -house $78.00/hr (min 1 n & 1 hr. travel) Demo CheckI hi -house $78.00/hr (min. I hr. & 1 hr. travel) Demo Single Family , h; -house $78.00 /hr (min. I hr. & 1 hr. travel) Internal Demo In -house $78.00 /hr (min. 1 hr. & 1 hr. travel) Repairs ht -house $78 00 /h (min i h r. & I hr travel) Srdmg In -house $78.00/hr (min. 1 hr. & 1 hr, travel) Site Development I In -house $78.00 /hr (min. 1 hr. & i M. travel) Tuck Poin ng In -house $78.00 hr (min, 1 hr. & 1 h tr r. avel) 1 Window /Door In -house $78.00/h (min. I hr. & 1 In. avel) Zoning Review $125 $78.00/hr (min. 1 hr. & 1 hr. travel) t T.P.l, Building Code Consultants, Inc. Professional Residential & Commercial Plan Review and Inspection Services Flan Review Fee Schedule 1. One and Two Family Dwellings a. $422.50 per dwelling unit. b. Expedited plan reviews are offered as our resources permit and are performed for an additional fee of 50% of the original review. 2. Industrial, Commercial, and Multi- Family Structures a. Specific areas of plan examination include the disciplines of building, mechanical, electrical, and ADA Guidelines b. Reviews of Hazardous Areas- Additional $402.50 per 1,000 Square Feet of such areas c. Reviews of commercial kitchens and food processing areas - Additional $422.50 per 1,000 Square Feet of such areas d. All Re- reviews are done at 50% of original fee e. Expedited plan reviews are offered as our resources permit and are performed for an additional fee of 500/0 of the original review f. If a third review is required, it will be charged at $80 per hour I I Base Building and Base Building and Gross Floor Area Base Building up to two other up to three other disciplines disciplines UP TO 2,500 SF $400.00 $4U.00 $661.50 2,501 TO 4,000 SF $446.25 $603.75 $808.50 4,001 TO 5,000 SF $556.50 $724.50 $945.00 51001 TO 7,500 SF $630.00 $882.00 $I092.00 7,501 TO 10,000 SF $693.00 $918.75 $1234.00 OVER 10,000 SF $761.25 +$74.70 PERI,000 SF OVER BLDG FEE x 1.5 BLDG FEE x 2.0 10 000 SF i �.......�....5 i Auk iwYa�"o me wot WGtUUGU L(1 LLIe aDoVe Zees Plumbing flan Reviews j I Type f Home Base Price e Each Additional Fixture or I � Waste Opening Sinale Fanzily j $60.00 $2.00 1 Duplex $80.00 $2.00 Town homes, Condominiums, Apartments $75.00 $3.00 Commercial $100.00 g4.00 x 4 T.P.I. Building Code Consultants, Inc. Professional Residential & Commercial Plan Review and Inspection Services 3. Sprinkler Systems The fee is based on the total number of sprinklers: Quantity of S rinklers Pipe Schedule System Hydraulically Calculated I System 1o20 $155.00 $170 00 21 to 100 $166.00 $34290 101 to 200 $228.00 $476.00 201 to 300 � $25900 $54000 301 to 500 $404.00 $787.00 Over 500 $404.00 er lus $0.46 P P Sprinkler over 500 $787.00 plus $0.98 per I Sprinkler over 500 '50% off the above fees for office and mall tenant areas that have had the base buildin typical tenant area system previously reviewed by our office. Minimum review fee of $155.00 4. Fire Detection and Alarm Systems a. Basic fee for a complete system: $0.016 per square foot of total building area. b. Partial systems: $0.009 per square foot of total building area for systems that do not contain a total building area detection system. c. Partial System: $0.004 per square foot of total building area for supervisory protection of the sprinkler systems and duct detection. d. Minimum review fee of $155.00 S. Standpipe Systems a. Basic Fee: $197.00 per Standpipe b. No charge for standpipes that are part of a total building sprinkler system 6. Gas Suppression Systems or Dry Chemical ,Systems a. The fee is based on the total pounds of the suppression agent used: Pounds of Suppression Agent FEE 1 to 50 $180.00 51 to 100 $259.00 10 1 to 200 $284.50 7 201 to 300 1 $310.00 301 to 400 $336.50 401 to 500 $36100 501 to 750 $414.00 751 to 1.000 over 1,000 � $517.00 $517.00 plus $0.258 for each pound T *P.1& Building Code Consultants, Inc. Professional Residential R Commercial Plan Review and Inspection Services 7. Restaurant wet Chemical Systems a. Restaurant System: $207.00 flat rate per hood system b. Each additional system or hood reviewed, at the same time and within the same building and unit, add $103.00 8. Restaurant Mechanical Hood and Duct Systems a. Flat rate of $207.00 per hood b. Each additional hood system reviewed, at the same time and within the same building and unit, add $103.00 4. Subdivision Design Reviews for Fire Department Access, water Main Sizing, and Hydrant Layout a. Reviews are performed at an hourly rate of $80.00 per hour b. Plans requiring a second review are invoiced at 50% of the hourly rate c. Minimum review fee is $155.00. 4 10. Life Safety Plan Reviews a. The fee is based on the total square footage of the building. b. Basic fee: $0.005 per sq. ft. of the total building area. c. Minimum fee of $170.00. d. For special buildings, add 50% to the base fee. e. No additional charge for typical floors of a building. f. Plans requiring a second review are invoiced at 50% of the primary review. 11. Plan Review Procedure a. All fees include a primary plan review b. Any project requiring are-review, are invoiced at 50% of the primary review, additional reviews are invoiced at $80.00 per hour. 1n -House Office hours $78.00 /hour minimum 1 hour time and 1 hour travel per day. incorporated with inspection time when inspections performed same day by T.P.I. representative. Please note: Multiple inspections are billed for total inspection time not minimum for each inspection. For example three AM roof inspections on the same day that take 25 minutes each will be billed 1.5 hours for inspections plus I hour travel. am OA T,Pele Building Code Consultants. Inc. so EXHIBIT �6C» KEY PROJECT PERSONNEL RFP for Inspection Services and Building Permit Plan Review Services I. IntroductionfUnderstanding of Project It is our pleasure to submit this proposal to provide plan review and inspection services as requested by the Village of Morton Grove. Our goal for this contract is simple. T.P.I. will work in a fair mid professional manner to assure safe code compliant buildings in a fiscally responsible and efficient way. T.P.I. is able to fulfill the needs of your department with consistent professionals who are well certified in their specific discipline. We will project the values and standards that the Village of Morton Grove has worked long and hard to uphold. T.P.I. proposes to provide full inspection and plan review services for the Village of Morton 04 Grove, as well as court appearances. This is to include Building, Mechanical, Electrical, Zoning, Fire, Code Enforcement and Plumbing within the Village of Morton Grove boundaries. T.P.I. will work hard to help the Village of Morton Grove maintain and promote a "builder friendly" to environment while providing excellent customer service to the Village, residents and contractors. II. Qualifications of Firm No T.P.I. has provided courteous, professional and timely code consultation, inspections and plan reviews for our clients for over 13 years, and we have quickly become one of the leaders of our industry. As a family -owned and operated business, T.P.I. offers personalized services that set us apart from the competition. You will rind that T.P.I. has performed similar se. -vices in several other municipalities such as Lockport, Lakewood, Lincolnwood, Countryside, and Bensenville. Our services include the following: m Plan Reviews for all building, accessibility, electrical, mechanical, fire protection, and plumbing systems Inspection services for all building, accessibility, electrical, mechanical, fire protection, and plumbing Code consultation and updating of current codes Zoning compliance programs and RPZ tracking at P Property maintenance inspection program 4 ® Real estate transaction inspection program 4 Y On -call emergency inspections b Aerial Photography of ongoing projects i All commercial plan reviews performed by Master Code Professionals! T.P.I.'s Values 6 Customer Service: Consistently striving for total customer satisfaction Excellence: Superior performance an c u tstanding quality of services • Ethical Behavior: Maintaining honesty and fairness in all that we do e Economic Reasonableness: Provide services in an economically efficient manner 3 .. T.P.I. Building Code Consultants, lie. Professional Residential &Commercial Plan Review and Inspection Services T.P.I.'s Executives a JoAnne Tisinai- CEO, owner. Steve J. Tisinai- President, owner, Certified Illinois Plumbing Inspector. Steve provides commercial and residential plumbing inspections for over 20 municipalities. He is well versed in the code and has greater than 40 years of plumbing experience. Steve V. Tisinai- Vice President, Mechanical Engineer, Master Code Professional and Illinois Licensed Plumber. Steve is able to provide plumbing and building inspections for all situations. Steve assisted in the development of the property maintenance program for the City of Countryside. Steve organized and implemented the program for inspections and scheduling in a 730 home development in Mundelein. He is currently providing services for commercial and residential building and plumbing inspections, property maintenance inspections, plan reviews and in -house representation for many villages including Countryside, Lakewood, Lockport, and Cary. Joe Tisinai -Vice President, Master Code Professional and Certified Illinois Plumbing Inspector. Joe has provided plumbing inspections and building inspections for villages such as South Elgin, Mt. Prospect, Cary, Lakewood, Bloomingdale, Itasca, Addison, Wayne, and Mundelein. Steve Mertes- Vice President,, Master Code Professional and has performed commercial and residential building, mechanical, HVAC inspections and plan reviews for 21 years. Recent projects include Lemont, Lockport, Willowbrook, Schiller Pk., Mount Prospect, Countryside, Hinsdale, and Bensenville. Steve has been instrumental in developing strategies for new programs to assist clients with all building department needs. His recent experience related to property maintenance includes overseeing the Real Estate Transaction Program and Home Improvement Grant Program in Bensenville. T.P.1, is prepared to supply the Village of Morton Grove with a team of plan examiners and building inspectors who are well certified as per the RPP to provide the services requested. T.P.I. is able to handle any number of inspections with a request sent one day prior. For example, in the Village of Mundelein, T.P.I. performed 80 -100 inspections per day without affecting services for our other customers. T.P.I. has a staff that includes 6 Master Code Professionals, an Illinois Licensed Architect, Illinois Certified Plumbing Inspectors, Licensed plumbers, certified residential and commercial building inspectors /plan examiners. All T.P.I. building inspectors are certified to provide building, electrical, and HVAC. Two of our Master Code Professional's are able to conduct not only building inspections, but plumbing as well. When available, we will utilize their skills to complete the work in an economically efficient manner. All commercial plan reviews will be performed by, not supervised by, a Master Code Professional. The plumbing portion will be performed by a Certified Illinois Plumbing Inspector or Illinois Licensed Plumber. In most cases, the plumbing plan examiner will also hold a Master Code Professional Certification_ *T.P.I. Building Code Consultants is a corporation in good standing with the State oflllinois. Attached is a copy of our certificate. To verb this information please go to the State oflllinois Website. T.P.le Building Code Consultants, Inc. Professional Residential & Commercial Plan Review and Inspection Services Recent Related Experience • Village of Mundelein T.P.I. is currently performing all building, electrical, mechanical and plumbing inspections for a 730 single family home, high production, fast paced project. Inspection reports are scanned and entered into the city computer system by T.P.I. staff. • City of Countryside _ T.P.I. is currently providing positions for all aspects of the building department. This includes property maintenance, building/plumbing inspections, all plan reviews, property maintenance, and in -house representation. This includes Building Commissioner, infrastructure meetings, court time, and on tali emergency inspections. • City of Lockport T.P.I. provides all building department services including building commissioner, building/plumbing plan reviews, building/plumbing inspections, on -call emergency inspections. • Village of Lakewood T.P.I. provides all building department services including building commissioner, building /plumbing plan reviews, building/plumbing inspections, on -tali emergency, inspections and Architectural Review Meetings. • Village of Bensenville T.P.I. routinely performs all commercial and residential plan reviews and inspections for the Village of Bensenville. In the past, we provided additional services for the Home Improvement Grant Program and the Real Estate Transfer Inspections program. • Village of Hinsdale T.P.I. reviews alI commercial drawings for the Village of Hinsdale for building, electrical, mechanical, plumbing, accessibility, and fire. T.P.I. also provides residential plan reviews and zoning. • Village of Willowbrook T.P.I. performs commercial and residential plan reviews for the Village of Willowbrook. In addition, T.P.I. performs all inspections required by the village including building, electrical, mechanical, plumbing, and accessibility. • Village of Lincolnwood T.P.I. is currently providing positions for all aspects of the building department. This includes property maintenance, building/plumbing inspections, all plan reviews, in -house representation, Building Commissioner, and on call emergency inspections. • Village of Mount Prospect T.P.I. is currently providing all commercial/residential plan reviews and inspections, in addition will provide CDBG/IHDA consultation and inspections, and court time. • Village of Lemont T.P.I. currently provides all commercial /multi- family, fire, attached single family plan reviews and all eommercial/mulit- family building inspections. T.P.I. Building Code Consultants, Inc. Professional Residential B- Commercial Plan Review and Inspection Services TII. Project Approach Inspections • T.P.I. will complete all inspections within 24 hours of inspection request. Inspection requests are to be received one day prior by fax or email. • Inspector(s) will drop off copies of inspection reports to the village by the end of the day if desired or use software program provided by Village of Morton Grove. • All T.P.I. inspectors meet or surpass the requirements set forth by the Village of Morton Grove to perform inspections. • T.P.I. is able to send the same inspector for all building disciplines with the exception of plumbing, and at times may include plumbing when available. This will create a stronger working relationship between the inspector, contractor and the Village of Morton Grove. • T.P.I. has the resources available to handle any number of inspections on a daily basis. • T.P.I. will provide all vehicles, vehicle maintenance, cost of gas, inspection tools and insurance. Plan Reviews • A T.P.I. representative has always and will continue to personally pick up any plans to be reviewed from the village hall. This allows us to keep in personal contact with Building Department personnel and eliminates the work and delay of mailing the plans. • Notification for a plan review to be picked up may be done via e -mail, phone, or when our inspectors drop off or pick up necessary materials. • All plan reviews will be completed in 10 business days from the date it is received. Plan reviews may be expedited to 5 business days for an additional charge. • When completed, plan review responses can be submitted to the village via e -mail, fax, or standard mail as the City requires. • All commercial reviews are only performed by, not supervised by, a Master Code Professional or Illinois Licensed Architect. • Residential plan reviews are performed by a person with ICC certifications in that particular field, and in many cases, the reviews will be performed by a Master Code Professional. • T.P.I. will utilize one plan examiner for all aspects of the building portion of a review, all plumbing plan reviews will be completed by an Illinois Licensed Plumber. In many cases, this may also be a Master Code Professional. • T.P.I. has the resources available to handle any number of plan reviews for our clients without effecting turn - around time. • T.P.I. will utilize the desired computer program for all plan reviews. *As always, T.P.I. provides telephone code consultation free of charge for all customers. T.P.I. executives and staff are available to answer any of your questions during normal business hours. T.P.I. will provide the Village, contractors and residents personal cell phone numbers so questions may go directly to the T.P.I. representative for that project. 9 T.P.1. Building Code Consultants, Inc. Professional Residential $ Commercial Plan Review and Inspection Services a Hours • T.P.I. will work during the normal business hours Monday through Friday set by the Village of Morton Grove • T.P.I. will observe the holidays as set by the Village of Morton Grove • Provide Emergency Contact List in the event an inspection or consultation is required after hours • Emergency Inspections will be provided within 2 hours of request from Village Fork Performance • All work is to be completed under the supervision of the Building Commissioner • All work will be in compliance with Village policy, codes and interpretation • All inspections /plan reviews to be performed in a non - adversarial, ethical, professional, and personable manner • Provide contact information for team members directly related to this project Inspection Scheduling • Inspections to be scheduled in either AM, 8:00 to Noon or PM, Noon to 4:30 • Routing to be determined by T.P.I. staff • Inspection requests to be faxed or emailed one day prior to the scheduled date • Same day requests may be added to schedule when time permitted • Inspectors will complete forms /electronic forms on site Consultation • Inspection fees include any phone call during business hours and occasional after hours consultation as needed. • Plan Review fees include phone consultation during normal business hours • A Master Code Professional will be available during normal business hours for phone consultation • T.P.I. will provide a Master Code Professional or an Illinois Licensed architect to provide technical assistance in -house at an hourly rate Equipment • T.P.I. will provide vehicles, maintenance and insurance • T.P.I. provides all T.P.I. uniform shirts • T.P.l. will provide necessary inspection equipment, cell phones, and safety equipment • All inspectors will carry identification as required by the Village Necessary Licenses • T.P.I. possesses all necessary federal, state, and local licenses as required by law. T.P.I. is a Licensed Plumbing Contractor with the State of Illinois. Per State of Illinois law_, in order to perform plumbing inspections, it is a requirement to hold a Plumbing Contractor's License, Plan Review and Inspection Invoicine • Invoicing will be done at the end of each month and submitted to Village W. Cost and Time proposal *All fees Iisted in this proposal valid if work is performed entirely by T.P.I. Please refer to attached fee sheetfollowing appendix A and B TePaL Building Code Consultants, Inc. Professional Residential & Commercial Plan Review and Inspection Services Steve was co- founder of T.P.I. in 1997 and is now President of the company. Along with his responsibilities as President, he is an Illinois Certified Plumbing Inspector, plumbing plan reviewer, and is T.P.L's representative for acting building commissioner for the Village of Lakewood. In 2001, he earned the certificate for Illinois Certified Plumbing Inspector. In 1997 through January 2011, he was employed by the Village of Bensenville as their part time plumbing inspector. Steve worked for 25 years in a family commercial plumbing business.. World Plumbing Company, where he began as an apprentice. After obtaining his state plumbing license in 1977, he worked as job foreman, and two years later taking position of superintendent and vice - president. Responsibilities included the direct supervision of 20 — 40 employees, plan review and design, budgeting of materials for the projects, and meeting with inspectors to insure installation of plumbing materials to be at or above code requirements. In 1974, Steve joined the Hanover Park Fire Department as a volunteer firefighter, promoted to Lieutenant in 1981. In 1983, Steve was hired fall time as Shift Commander. He earned certifications in the following: Northern Illinois Gas /1983, Dive Scene ice Rescue / 1982, Management /1983, E.M.T. /1983, Society of Fire Service Instructor /1987. InstructorI /1993, Third Party Certification Safety Officer /I994. After becoming a State Certified Firefighter III and Instructor IJ, Steve organized the Certified Firefighter Program. He supervised 8 instructors who were in the process of bringing all firefighters up to the Firefighter III level. Additionally, his responsibility included purchasing of all protective clothing for the department, purchasing of equipment to compliment three new engines. Steve initiated a defensive driving program for the department. At that time, he was registered with the state to give the road test for Class B Licenses. Steve handled the purchasing, permits, and installation of emergency street lights on Barrington Road. His duties have also included fire inspections for business occupancy permits in the Village of Hanover Park, In 1999, Steve retired from the fire service. Steve served two years in the United States Marine Corps as an ammunition technieian/explosive driver. Honorably Discharged in 1972. Graduated from Main South in 1970. T•P.1. Building Code Consultants, Inc. Professional Residential & Commercial Plan Review and Inspection Services Education: 1992 -1996 University of Illinois — Urbana / Champaign Bachelor of Science in Mechanical Engineering 2005 Illinois Licensed Plumber 1990 -1996 World Plumbing Company - Plumbing Apprentice Certifications • Illinois Licensed Plumber • ICC Master Code Professional • ICC Certified Building Official • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Residential Electrical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Commercial Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Building Plans Examiner • ICC Mechanical Plans Examiner • ICC Electrical Plans Examiner • ICC Plumbing Plans Examiner • ICC Accessibility Inspector / Plans Examiner • ICC Residential Energy Inspector / Plans Examiner • Certified Microsoft systems engineer d 04 04 04 ToPole Building Code Consultants, Inc. Professional Residential & Commercial Plan Review and Inspection Services Plumbing Inspector/Plans Examiner since 2000 Plumbing foreman from 2001 to 2004 Hanover Park Fire Protection District as a firefighter 1993 to 1999 Licensed Emergency Medical Technician 1996 Certifications: ICC Master Code Professional State of Illinois Plumbing License City of Chicago Plumbing License • Certified Illinois Plumbing Inspector ICC Certified Building Official C ICC Residential Plumbing Inspector ® ICC Residential Building Inspector ® ICC Residential Mechanical Inspector 4 ICC Residential Electrical Inspector « ICC Residential Plumbing Inspector 9 ICC Commercial Building Inspector N ICC Commercial Mechanical Inspector ICC Commercial Plumbing Inspector ® ICC Commercial Electrical Inspector ICC Building Plans Examiner • ICC Mechanical Plans Examiner a ICC Plumbing Plans Examiner N ICC Electrical Plans Examiner s ICC Accessibility Inspector / Plans Examiner • ICC Residential Energy Inspector / Plans Examiner ® Fire Fighter 11 e Hazardous material Awareness a� T.P.I. Building Code Consultants, Inc. Professional Residential & Commercial Plan Review and Inspection Services WORK T.P.I. Building Code Consultants, St. Charles, IL EXPERIENCE: July 1, 2005 to Present Vice President — Building Department Services March 14, 2000 to July 1, 2005 Plan Reviewer Village of Woodridge, Woodridge, IL January 19, 2004 to July 1, 2005 Senior Building Inspector — Supervisor of 8 employees Village of Bloomingdale, Bloomingdale, IL March 21, 1985 to January 16, 2004 Building Inspector, Plan Reviewer, Zoning Administrator Gricus Construction, Elk Grove, IL 1981 to 1986 General construction EDUCATION: Master Code Offieiak No. 123 Building Codes & Enforcement Certificate Program June, 1994 Harper College, Palatine, IL Twenty-four credit hour certification program in building, electrical, mechanical and plumbing codes. Bachelor of Science December, I986 Northern Illinois University, DeKalb, IL Major: Business Management National $OCA/iCC Certifications 1 and 2 Family Dwelling Building Inspector 6 I and 2 Family Dwelling Electrical Inspector I and 2 Family Dwelling Mechanical Inspector E 1 and 2 Family Dwelling Plumbing Inspector • Building General • Electrical General Fire Protection General Mechanical General Plumbing General 0 Building Plan Review ® Electrical Plan Review i Fire Protection Plan Review • Mechanical Plan Review Y Plumbing Plan Review 0 Property Maintenance and Housing Inspector • Fire Prevention Inspector I Fire Prevention Inspector II CABO Certified Building Official T•r ol• Building Code Consultants, Inc. Professional Residential & Commercial Plan Review and Inspection Services Leigh Rubino MCP Leigh has worked for T.P.I. since June of2005. She has continued to further her education and certifications during this time. Leigh has provided municipal inspections 00 since October, 1988. we Certifications include: CABO Building Inspector ® Building Plans Examiner Certified Building Code Official e Certified Building Official ° • Certif ed Electrical Code Official ® Combination Inspector e Commercial Building Inspector • Commercial Combination Inspector W Commercial Electrical Inspector • Commercial Energy inspector ® Commercial Mechanical Inspector • Commercial Plumbing Inspector + Electrical hispector Al e Electrical Plans Examiner + Fire Protection General ® Fire Protection Plan Review 0 Mechanical Inspector 4 Plumbing Inspector • Property Maintenance & Housing Inspector e Residential Building Inspector Residential Combination Inspector • Residential Electrical Inspector • Residential Energy Inspector /Plans Examiner • Residential Mechanical Inspector • Residential Plumbing Inspector • Commercial Energy Plan Examiner e Accessibility Inspector/Plans Examiner 1 ToPole Building Code Consultants, Inc. Professional Residential Sr Commercial Plan Review and Inspection Services Keith is the newest member to our team. He has provided plan review and inspection services for many years, and is a seasoned building commissioner with good leadership and customer service skills. Certifications include: • Building Inspector • Building Plans Examiner • Certified Building Code Official 6 Certified Building Official • Certified Electrical Code Official • Certified Mechanical Code Official • Commercial Building Inspector • Commercial Electrical Inspector • Commercial Mechanical Inspector • Commercial Plumbing Inspector • Electrical Inspector • EIectrical Plans Examiner Master Code Professional • Mechanical Inspector • Mechanical PIans Examiner • Plumbing Plans Examiner • Residential Building Inspector • Residential Electrical Inspector • Residential Energy Inspector /Plans Examiner • Residential Mechanical Inspector • Residential Plumbing Inspector • AccessibiIity Inspector / Plans Examiner EXHIBIT #:. 1 ,, , NONDISCLOSURE AGREEMENT BY AND BETWEEN THE VILLAGE OF MORTON GROVE AND THIS MUTUAL CONFIDENTIALITY, NON- COMPETE, and NON- SOLICITATION AGREEMENT ( "Agreement ") is dated this day of June 2011, and is by and between the VILLAGE OF MORTON GROVE, an Illinois lvlunicipal Corporation ( "Village "), and as emplovee /subcontractor ofT.P.i. R1JILDIN(T COF)F CONSULTANTS, INC., an Illinois Charles, Illinois 60175 ( "Consultant "). located at 7N262 W. Whispering Trait, St. IN CONSIDERATION OF the mutual covenants and promises contained herein, the parties agree as follows: RECITALS A. The Village and the Consultant have entered into a business relationship with the adoption of a Professional Services Agreement. B. In connection with the. Professional Services Agreement. the Village will be providing/mmishing information to the Consultant relating to the technical, business, or corporate affairs of the Village; Village property; user information, including without limitation, any information pertaining to usage of the Village's computer system, including and without limitation, any information obtained from server logs or other records of electronic or machine readable form; and the existence of, and terms and conditions of. the Professional Services Agreement. with certain trade secrets. technical data, marketing data, and other proprietary and nonpublic information. As a condition of the Village furnishing such information, the consultant is required to agree to treat the Confidential Information confrdentialiy and in all respects in accordance with this Agreement. C. Further, the Consultant will not copy or reproduce, in any form, information provided for the purpose of distribution or use outside the scope of the Professional Services Agreement in effect as of June __, 2011, and alI documentation provided to the Consultant will be returned to the Village. D. The Agreement requires the Consultant to cause all of its employees and subcontractors who will provide service for the Village or receive confidential information of the Village to sign the herein Nondisclosure Agreement 22 AGREEMENT NOW THEREFORE, in consideration of the foregoing Recitals and of the mutual promises and covenants set forth below, _ as employee /subcontractor of T.P.I. Building Code Consultants, Inc., herein after referred to as "Consultant" agree: A. Confidential Information. The term "Confidential Information" shall mean information in the possession or under the control of the Village relating to the technical, business, or corporate affairs of the Village; Village property; user information, including, without limitation, any information pertaining to usage of the Village's computer system, including and without limitation, any information obtained from server logs or other records of electronic or machine readable form; and the existence of, and terns and conditions of, this Agreement. Village Confidential Information shall not include information that can be demonstrated: (1) to have been rightfully in the possession of the Consultant from a source other than the Village prior to the time of disclosure of such infonnation to the Consultant: (2) to have been in the public domain prior to the Time of Disclosure; (3) to have become part of the public domain after the Time of Disclosure by a publication or by any other means except an unauthorized act or omission or breach of this Agreement on the part of the Consultant or the Village; or (4) to have been supplied to the Consultant after the Time of Disclosure without restriction by a third party who is under no obligation to the Village to maintain such information in confidence. B. No Disclosure of Confidential Information by the Consultant. The Consultant acknowledges it shall, in performing the Services for the Village under this Agreement, have access or be directly or indirectly exposed to Confidential Information. The Consultant shall hold confidential all Confidential Information and shall not disclose or use such Confidential Information without the express prior written consent of the Village. The Consultant shall use reasonable measures at least as strict as those the Consultant uses to Protect its own confidential information. The Consultant further agrees to use any confidential information solely with respect to the Village and not use the confidential information directly or indirectly for any other purpose. The obligations under this Section "I3" shall continue indefinitely from the date of the disclosure of the particular information. C. Return of Materials. The Consultant will promptly return designs, drawings, plans, specifications, photos, reports, information, observations, calculations, notes, and any other documents, data, or information, in any form, prepared, collected, or received from the Village by the Consultant in connection with any or all of the Services to be performed under the Professional Services Agreement. D. Confidentiality of the Proposed Transaction. The Village and Consultant agree not to disclose to any person any terms or conditions.. or the existence or status of any agreement. unless disclosure of such information may be made when disclosure is required by taw upon advice of legal counsel, except as may otherwise be permitted or required by this Agreement. E. Remedies. It is further understood and agreed money damages wilt not be a sufficient remedy for any breach of this Agreement and the Village shall be entitled to specific performance and injunctive or other equitable relief as a remedy for any such breach without the necessity of posting bond. Such remedies shall not be deemed to be the exclusive remedy for a breach of this Agreement, but shall be in addition to all other remedies which may be available by taw or equity. The Consultant and T.P.I. Building Code Consultants, Inc. agrees to be fully responsible to the Village and indemnify the Village against any damage or harm (including 23 without limitation the legal fees and other costs incurred in enforcing the Village's rights hereunder as also stated in the professional Services Agreement) caused to the Village by any breach of this Agreement by itself, its employees, advisors, representatives, or agents. F. Waivers. No failure or delay in exercising any right. power or privilege hereunder shall operate as a waiver thereof, and no single or partial exercise thereof shall preclude any other or future exercise thereof or the exercise of any right, power, or privilege hereunder. G. SeverabiIity. In the event any provision of this Agreement is held to be unenforceable or contrary to law, then the Agreement shall be interpreted to the extent possible without such provision. H. Entire Agreement/Amendments. This Agreement contains the understanding between the Village and the Consultant relating to the subject matter hereof and supersedes all oral statements and prior writing with respect thereto, No modification or waiver of this Agreement or any provision hereof, nor consent to any departure there from shalt in any event be effective, irrespective of any course of dealings between the Village and the Consultant unless the same shall be in writing and duly executed and authorized by the Village Administrator of the Village of Morton Grove. L Governing Law. This Agreement shall be subject to and governed by the internal laws of the State of Illinois., without giving effect to conflicts of law principals. IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first set forth above. Sign: Printed Narne: Title: Date: 24 Legislative Summary Ordinance 11 -26 � AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE ­ SECTIONS 12 -4-4E AND 12 -17 -1 TO ALLOW ENTERTAINMENT USES AS SPECIAL USES IN THE M2 GENERAL MANUFACTURING DISTRICT I ntrod uction: Synopsis: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Second Reading: Special Consider or Requirements: Submitted by: June 27, 2011 This ordinance will approve a text amendment to amend the Unified Development Code to allow entertainment uses in the M2 Manufacturing District as a special use. To allow entertainment uses in the M2 Manufacturing District as a special use. The Unified Development Code (UDC) is a comprehensive set of regulations for the zoninu of land and development of parcels within the Village. Currently, the UDC does not allow entertainment uses in the M2 General Manufacturing District, The current applicant has submitted a request requesting an amendment to allow an entertainment use as a suecial use. While the applicant desires to locate a haunted house at P20 N. Austin, which is zoned M2: the Village's review of the current proposal is for all M2 areas of the Village. Based on review of zoning requirements from other communities surveyed by the American Planning Association (APA), staff determined allowing entertainment as a special use in M2 would be reasonable, and would provide opportunities for adaptive reuse of industrial areas. Special use review is warranted because of the unique operations of entertainment uses which usually have different hours and parking needs than most typical M2 uses. Staff also added a phrase to the definition prohibiting alcohol at such facilities. This topic was discussed by the Plan Commission at the public hearing even though the definition was not changed at that time Staff recommends this change. The Plan Commission recommends approval of these amendments. Building and Inspectional Services, and Community and Economic Development Departments N/A N/A These amendments will be implemented by the Director of Community Development and the Building Department in the normal course of business. Approval as presented July 11, 201 1, Required — Municipal Code Book change None Joseph E. Wade, Village Administrator Reviewed by Teresa HoFfinan Liston, Corporation Counsel Prepared by: John D. Said, Community an Economic Development Director ORDINANCE 11 -26 AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE SECTIONS 12- 44EAND 12 -17 -1 TO ALLOW ENTERTAINMENT USES AS SPECIAL USES IN THE M2 GENERAL MANUFACTURING DISTRICT WHEREAS., the Village of Morton Grove (VIL,LAGE)_ located in Cook County., Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village continuously reviews and, as it deems necessary, updates existing Municipal Codes to assure they, are kept current and relevant; and WHEREAS, the applicant, Big City Entertainment- LLC, has made a proper application to the Plan Commission in Case No. PC 11 -07 to consider and recommend the adoption of a certain text amendment to the Village of Morton Grove Unified Development God°, Section 12 -4 -4E and 12 -17 -1 to allow entertainment uses as special uses in the M2 General Manufacturing District; and WHEREAS, upon public notice duly published in the Morton Grove Champion Newspaper, a newspaper of general circulation n the Village of Morton Grove, which took place on -Tune 2, 201 1, and a public hearing conducted on June 20, 2011, relative to the above referenced case at which time Lill concerned parties were given the opportunity to present and express their views for the consideration of the Plan Commission. As a result of said hearing, the Plan Commission made certain recommendations and conditions through a report dated June 21, 2011, a copy ofwhich is attached hereto and made a part hereof and marked as Exhibit "A ": and WHEREAS; the Corporate Authorities have concluded allowing entertainment uses as special uses with limits in the M2 General Manufacturing Zoning District is appropriate and consistent with the intent of the M2 District within the Village of Morton Grovc, and is consistent with development trends within the surrounding areas of the Village of Morton Grove, and wilt allow for greater flexibility and creativity in the use of available land within the Village; and WHEREAS, the Corporate Authorities have considered this matter at a.public meeting and find the text amendment, when evaluated in the context of the whole Village, serves the public good WHEREAS, the Village is desirous of assurmo'all policies are kept current and relevant. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though Fully set forth therein thereby making the findings as hereinabove set 'forth. SECTION 2: The following section of the Unified Development Code, 12 -4 -4E, entitled "Uses" (for the M2 General Manufacturing District) is hereby amended to add the following: E. Uses: Cateeuories of Lise M -1 j M_2_- rEntertainment Uses X L S SECTION 3: The following section of the Unified Development Code, 12 -17 -1, entitled "Terms Defined" is hereby amended to add the following: 12 -17 -1: TERMS DEFINED: ENTERTAINMENT USES: An establishment that provides entertainment and /or recreational activities for a fee to visitors. Any type of adult use, gambling, intertrack wagering facility, or a use which permits the sale of alcohol is specifically excluded from this definition. SECTION 4: The Corporate Authorities, in particular the Village Clerk, are hereby authorized and directed to amend all pertinent records of the Village ofMorton Grove to conform to this text amendment. SECTION 5: This Ordinance shall be in full force and effect from and after its passage.. approval and publication in pamphlet form according to law. PASSED this I I"' day of July 2011. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED by me this l 1 "' day of July Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this day of July 201 I. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Ordinance I1-27 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW AN ENTERTAINMENT USE AT THE PROPERTY LOCATED AT 5220 N. AUSTIN Introduced: I June 27, 2011 Synopsis: This ordinance will grant a special use permit to allow an entertainment use to operate at the property located at 7300 Dempster, Morton Grove, Illinois. Purpose: This property is located in the M -2 General Manufacturing District, Entertainment uses are allowed in that district only pursuant to a special use permit, subject to approval of the corresponding ordinance to this request for a text amendment to the Municipal Code, Background: The applicant, Big City Entertainment, LLC, applied for a special use permit to operate an entertainment use {Fear City} at 8220 N. Austin. A public hearing was held regarding this request before the Village of Morton Grove Plan Commission on June 20, 2011. Village staff had no major concerns with the applicant's proposal. Concerned parties spoke regarding the matter. The concerns of these individuals focused on traffic, parking, location, projected visitor volume, noise, location, and potential safety issues. One person spoke in support of the project as to its creativity and use. The applicant and Commission addressed these concerns, leading to the Plan Commission unanimously recommending the Village Board grant the special use to allow an entertainment use to be known as Fear Citv at 8220 N. Austin which shalt be subject to certain special conditions including improvements to the parking lot, and days and tours of operation Programs, Departments Building and Inspectional Services; Community and Economic Development or Groups Affected Department; Village Engineer Fiscal Impact: N/A Source of Funds: N/A Workload Impact: The special use application was processed by the Director of Community Development, and the Village Engineer, pursuant to the normal course of business. Admin Recommendation: ,� Approval as presented. Second Reading: July 11, 2011, required Special Considerations or None Requirements: Respectfully subinitted: .Joseph F. Wade, VillageAdininistrator Prepared by: Approved by: - w` "�.��i Teresa Hoffman Liston, Corporation Counsel John D. Said, Community and Economic Develop Dir AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW AN ENTERTAINMENT USE AT THE PROPERTY LOCATED AT' 8220 N. AUSTIN, MORTON GROVE, ILLINOIS WHEREAS. the Village of Morton Grove (Village), located in Cook County, Illinois. is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt. and WHEREAS, the applicant, Big City entertainment, LLC, 4318 W. Carroll Avenue, Chicago, Illinois 60624, has made a proper application to the Plan Commission in the Village of Morton Grove under case number PC 11-07 requesting the approval of a special use permit to operate an entertainment use at the property commonly known as 8220 N. Austin Avenue, Morton Grove, Illinois 60053; and WHEREAS, the property is located in the M -2 General Manufacturing District; and WHEREAS. Section 12 -4 -4E of the Pillage of Morton Grove Unified Development Code is being amended to allow entertainment uses to be located in the M -2 General Manufacturing District pursuant to a special use permit; and WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public notice duly published in the Morton Grove Champion, a newspaper of general circulation in the Village of Morton Grove which publication took place on June 2, 2011, and pursuant to the posting of a sign on the property and written notification sent to property owners within 250 feet of the subject property as required by ordinance, the Morton Grove Plan Commission held a public hearing relative to the above referenced case on June 20, 2011, at which time all concerned parties were given the opportunity to be present and express their views for the consideration of the Plan Commission, and as result of said hearing, the Plan Commission made certain recommendations and conditions through a report dated June 21, 2011, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A "; and WHEREAS, the Corporate Authorities have considered this matter at a Public Meeting and find pursuant to the relevant provisions of the Pillage of Morton Grove Unified Development Code, that the proposed Special Use Amendment is so designed, located, and proposed to be operated that the public health, safety and welfare will be protected and will not cause substantial injury to the value of the other properties in the neighborhood in which it is located; and WHEREAS, pursuant to the provisions of the Village of Morton Grove Municipal Code, the Corporate Authorities have determined the Special Use Amendment as approved by the Plan Commission shall be issued subject to the conditions and restrictions as set forth herein. NOW, THEREFORE, BE IT ORDAINED BV THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance, as though fully set 'forth herein, thereby making the findings as hereinabove set forth: SECTION 2: The property located at 8220 N. Austin Avenue, Morton Grove. Illinois 60053, is hereby granted a special use permit to allow an entertainment use to be located and operated at that address subject to the following conditions and restrictions which shall be binding on the owners /lessees, occupants and users of this property, their successors and assigns for the duration of the special use: L The proposed Fear City facility shall be constructed and operated in accordance with the following: • Floor Plan ( "Event GroundPlan ") dated 6/6/11 by D. Efird; • Elevation Plans pp. 3 and 4 of 5, dated 6/6/11, by D. Efird; • Lighting Plan (no date) submitted (information written on plat of survey copy), and • Traffic Plan sheets A, B and C dated 06/02/11 by Ament, Inc. 2. The parking area on the subject site shall be repaved and restriped prior to issuance of a certificate of occupancy. 3. Days of operation shall be limited to 30 days. all during the month of October. 4. Hours of operation shall be limited to 7 pm to 1 I pm Sunday through Thursday nights, with the exception that on October 30 and 31 hours of operation shall be limited to 7 pm to 12 am, and 7 pm to 12 am Friday and Saturday nights. 5. Prior to release of a certificate of occupancy, the applicant shall provide specific documentation verifying Strange Engineering's authorization of use of their driveway by Fear City customers. 6. Any proposed outdoor refuse and /or recycling areas shall be provided in a solidly screened enclosure area to be approved by the Building Commissioner. SECTION 4: The owners, lessees, occupants, and users of 8220 N. Austin, their successors and assigns allow employees and authorized agents of the Village of Morton Grove access to the premise at all reasonable times for the purpose of inspecting said premise to verify all terns and conditions of this special use permit have been met. SECTION 5: The special use permit is granted so long as the owner, occupant and users of this property utilize the area for the purposes as herein designated. SECTION 6: The Village Clerk is hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to show and designate the special use as granted and amended hereunder. SECTION 7: The Applicant /Owner shall comply with all requirements of the Village of Morton Grove Ordinances and Codes that are applicable. SECTION 8: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 1 I "' day ofJuly 2011. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED by me this 11 `h day of July 2011. APPROVED and FILED in my office this 12"' day ofJuly 2011. Tony S. Kalogerakos. Village Clerk Village of Morton Grove Cook County. Illinois Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois Lcuislorc! 20I I qnc 11 -07 Pear Cm ATTACHMENT "A99 99 f 1 Y ]' 1 FY.Y o To: Village President and Board of Trustees From: Ronald L, Farkas, Chairman, Plan Commission Date: June 21, 2011 Re: Plan Commission Case PC11 -07; Request for Text Amendments to the Unified Development Code and a Special Use in the M2 District (regarding proposed entertainment use at 8220 hi, Austin) Commission Report Legal notice for this public hearing was published in the local newspaper (Morton Grove Champion) on June 2, 2011. A public notice sign was posted on the site on June 3, 2011, and notification letters were sent to surrounding properties on June 2, 2011. On June 20, 2011, a public hearing was conducted by the Morton Grove Plan Commission after notice for this public hearing was duly provided, as noted above, for Plan Commission case PC 11- 07. PC 11 -07 consists of a request by applicant Big City Entertainment for text amendments to the Unified Development Code, and a Special Use, to allow an entertainment use (haunted house) in the M2 General Manufacturing District, at 8220 N. Austin. Director of Community Development and Village Planner John D. Said introduced the case on behalf of the Village. He reviewed details of the request, including the proposed text amendment language, the proposed haunted house's characteristics and the building and site layout. The proposed haunted house is called `Fear City'. The appficant was represented at the hearing by Mr. Chuck Grendys of Big City, Mr, Tony Duffy, marketing consultant to Mr. Grendys, and Mr. Mark Oleson of Ament, traffic consultant These three testified concerning the request, and Village staff Mr. Said provided an overview of the proiect. The testimony and overview included the following information: The subject site is 8220 N. Austin Ave., located on the west side of Austin, north of Cakton Street. The proposed tenant space for Fear City is approximately 1/3 to 1/2 of the way back along the building, with at least one tenant within the building in front of Fear City's space towards Austin Ave. and more tenants to the west of the Fear City space. The building is laid out on an east -west axis, perpendicular to Austin Ave. The site is bounded on the east by Austin Ave., with residential uses across the street, on the north and south by industrial uses, and on the west by the Milwaukee North railroad tracks (with Lehigh Ave. and industrial uses beyond the railroad tracks to the west). Feat City plans to occupy at +/ 39,000 square foot tenant space for their haunted house business. The facility will include a customer waiting area with vending services (warmed food, Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60055 -2485 Tel: 847 965 -4100 4 � 8= ( Fax: ,,R 7; 965 -416_ i' soft drinks, Fear City apparel), in addition to the primary haunted house entertainment area. The applicant proposes to have the facility open a maximum of 30 days during the year for the Halloween season, with hours from 7 pm — 11 pm Monday — Thursday, and 7 pm — 12 am Friday and Saturday nights. (Discussion during the public hearing indicated that the applicant also desires to have the facility stay open until 12 am on October 30 and 31, so the conditions of approval reflect that request). Village staff provided an overview concerning the request, specifically the following it • The proposed text amendment was researched and developed using material from the APA (American Planning Association); the definition was purposely kept general to be flexible enough to address future uses that may wish to locate in the M2 District, • The proposed definition for the Unified Development Code reads as follows Entertainment Use: An establishment that provides entertainment and /or recreational activities for a fee to visitors. Any type of adult use, gambling, or intertrack wagering facility is spec!><cally excluded from this definition. Staff proposes that this use only be allowed as a special use in the M2 District. The unique nature of entertainment uses, especially as to hours of operation, traffic pattems and other factors makes them significantly different than typical M2 businesses. At the same time, an amendment allows for future flexibility for possible adaptive re -use of industrial areas. 5 This use's proposed operating hours, which are evenings and weekends, do not coincide with operating hours of most of the businesses in this area, which helps reduce potential traffic issues. The business activity will be limited to approximately 1 month per year, while the remaining 11 months of the year, the use will remain in place, which essentially means it will be a storage facility with minimal traffic to- and -from the business. The applicant testified concerning this request, specifically the following items: ® Business projections indicated possible attendance of 20,000 over the Halloween holiday period. This translates to an average of up to 1,000 attendees per day, over a several hour period. However, traffic volume can be accommodated on local roads, and is somewhat less than other uses might generate as it is spread out over a several hour period. Also, vehicle occupancy for visitors is higher than normal, as visitors to this type of business typically do so as a group outing. The proposed customer base will be regional in nature, with many visitors from other communities. Ticket prices will be in the S20 — 30 range for each person. No one under the age of 12 will be permitted. ® Traffic and parking will be monitored by on -site parking attendants and ofFduty Police officers that will help direct traffic, guide visitors to the parking lots, and otherwise help maintain order of outdoor operations. Over 250 spaces are available on the site itself, and parking agreements have been reached with adjacent property owners to the north and south, allowing a parking capacity of 400 cars. All parking will be provided free of charge. Parking attendants and off -duty police will monitor possible parking off -site, especially from the adjacent residential area. Should they observe visitors walking across Austin Ave., the visitors will be instructed to return to their vehicles and park in designated areas. Fire Department recommendations will be met with appropriate sprinklers, access ways, emergency exits, and any other required improvements. After conclusion: of the presentation, the Commission then posed a number of questions and comments concerning the proposal. Commission questions and applicant responses (in parentheses) are summarized as follows: • Where are all the parking spaces provided? Are they all on -site? (Over 250 spaces will be provided on -site, with the rest from the buildings to the north and south; agreements have been reached with these buildings to use this parking during Fear City's hours of operation, which are after these businesses close.) • What days will the business be open? What about the hours of operation? (Fear City will be open approximately 21 days during October, with some additional days possible for group outings. Upon further discussion, the applicant concurred with the Commission's recommendation for a condition of approval to identify a 30 -day maximum opening period.) • Will signs be provided indicating the business and parking? Identification signs will be provided in front and on the building at the place of business, along with some temporary signs at access driveway. Attendants will also be on hand to guide drivers to parking.) • Will vending be provided? (Yes; this will consist of Fear City apparel such as hale; and t- shirts, and warmed food likely from area restaurants. Soft drink service is also planned; no liquor will be served at this business.) • What are the planned hours? (Hours will be Monday — Thursday 7 pm — 11 pm; Friday — Saturday 7 pm — 12 am. The applicant also requested an exception to allow opening until 12 am October 30 -31, no matter which days these dates are on, and the Commission agreed to this request, which is reflected in the conditions of approval.) • Does Fear City anticipate opening this year? (Yes.) • Do you see an opportunity for using this business during the other 11 months of the Year? (That's not likely at this time, but if the opportunity arises, the applicant would need to return to the Plan Commission for an amendment to the special use.) During discussion, the Commission emphasized that this business, if approved, would be required to adhere to the Standards for Special Uses and the approved conditions. If the business did not meet these requirements, then the special use could be withdrawn by the Village. After Commissioner questions were concluded, any members of the public in attendance were invited to express their views on the project. They included the following individuals: Eric Poders, 7040 Foster Ave., with positive comments about the proposal; that it's a good reuse of industrial space. He mentioned that sound could 'oe reduced by using sound absorption suspended from the ceiling (applicant responded that such equipment would block fire sprinklers, and that sound should be contained on site and within building due to layout and interior activities). ® Jody McKeown, 5944 Monroe, with concerns about teenagers, property damage, volume of visitors, and bad precedent this would set • Alison and Randy Giuffre, 5944 Monroe, with concern about parking problems, underage drinking /substance abuse, trespassing, violence, noise and traffic. • Colin Hoather of Magrabar (neighboring business at 6100 Madison Ct.), with questions concerning parking and truck traffic, • Jack Malloy, 5937 Washington, with questions about benefits of this business for Morton Grove, and concerns about emergency service requirements, and that the business should go somewhere else. • Joseph Borst, 8340 Caliie, with questions about marketing, and concerns about volume of visitors. The applicant and Commissioners responded to these concerns with a number of points including the following: The relatively higher admission price (around $25 on average) will reduce negative elements by making this site a destination. T'nerefore, there will not be as much "pass -by" traffic, and external issues such as criminal activity will not be as likely. « Fear City will emphasize good neighbor relations with parking attendants and off - duty police constantly monitoring traffic and parking locations, including redirecting people from parking in adjacent residential areas to the ample parking on the subject site and adjacent available lots. The special use can be rescinded if the conditions of approval and standards for special use are not met (this was mentioned a few times during the proceedings). • The traffic volume is spread out over several weeks and several hours during each evening the business is open. Fear City staff will clean up the site on a nightly basis to maintain, a clean appearance and optimal site conditions. • Vehicle occupancy will be higher for visitors to this site, as this type of business is typically seen as a destination for group outings. Findings of Fac` The applicants also testified to the applicable Standards for a Special Use as specified in Sec. 12 16-4C of the Unified Development Code. The Commission concurred with testimony from Mr. Cleson, Mr. Grendys, and Mr. Duffy, and based their decision on, these findings. Preservation public maintenance and operation of the Special Use will not be detrin endanger the •. or general The proposed use will be monitored and managed to maintain, the public health, safety and welfare through its operations with parking monitoring and off -duty police assistance. The proposed use provides an additional entertainment opportunity for the public. 4 2. Adjacent Properties — The Special Use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the uses permitted in the zoning district. The proposed 'business will operate during hours that are not the same as the typical industrial business operating hours, which will minimize difficulties with adjacent properties and provide more use for otherwise unused areas. Parking and traffic attendants will be used to keep parking on the site. 3. Orderly Development —The establishment of the Special Use will not impede normal and orderly development or impede the utilization of surrounding property for uses permitted in the zoning district. The existing property is located within the M2 General Manufacturing District, and the project is using a portion of an existing building to its fullest extent. This site and all surrounding sites are already fully developed and used, and this use does not change that status. 4. Adequate Facilities — Adequate utilities, access roads, drainage and other necessary facilities are in existence or are being provided. The use of this existing tenant space for an entertainment use (haunted house) does not change requirements for utilities or drainage. 5, Traffic Control — Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the public streets, The proposed use of the subject site should not draw substantial amounts of traffic on local residential streets. The applicant provided a traffic and parking plan that the Commission found acceptable for this use. The applicant also testified that parking attendants and off -duty police personnel would be employed to assist with parking and traffic circulation. The applicant's business will use existing access points, and thereby will maintain the existing traffic flow pattern, 6, Adequate Suffering — Adequate fencing and/or screening shall be provided to ensure the right of enjoyment of surrounding properties to provide for the public safety or to screen parking areas and other The Fear City tenant space is located over 400 feet away from the nearest residential use to the east, and will use existing parking on Its site and adjacent industrial sites away from the residential area, so existing buffering will be maintained as is, 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 -36- 3641, may be considered by the Plan Commission and the Village Board of Trustees as a part of the special use permit. The proposed Special Use will be required to meet all Village Codes and Ordinances, and otherwise the proposal and the building appear to conform to applicable zoning requirements. Gabriel Ave Commissioner Commission Recommendations Text Amendments: Commissioner Dorgan moved, and Commissioner Shimanski seconded, to recommend approval of the Text Amendments as requested, The motion carried: Yes 6; No 0; Absent 1 The voting Chairman Farkas Aye Commissioner Blonz Aye Commissioner Dorgan Aye Commissioner Gabriel Ave Commissioner Ramos Absent Commissioner Roepenack Aye Commissioner Shimanski Aye Special Use: Commissioner Dorgan moved, and Commissioner Gabriel seconded, to recommend approval of the Special Use for this project. The motion carried: Yes 6; No 0; Absent 1 The voting Chairman Farkas Aye Commissioner Blonz Aye Commissioner Dorgan Aye Commissioner Gabriel Aye Commissioner Ramos Absent Commissioner Roepenack Aye Commissioner Shimanski Aye The Plan Commission's recommendation is subject to the following conditions: 1. The proposed Fear City facility shall be constructed and operated in accordance with the following: e Floor Plan ('Event GroundPlanr� dated 6/6/i1 by D. Efird; Elevation Plans pp. 3 and 4 of 5, dated 6/6/11, by D. Efird; f Lighting Plan (no date) submitted (information written on plat of survey copy); and ® Traffic Plan sheets A, B and C dated 06/02/11 by Ament, Inc. 2. The parking area on the subject site shall be repaved and restriped prior to issuance of a certificate of occupancy. 6 I Days of operation shall be limited to 30 days, all during the month of October. 4, Hours of operation shall be limited to 7 pm to 11 pm Sunday through Thursday nights, with the exception that on October 30 and 31 hours of operation shall be limited to 7 pm to 12 am, and 7 pm to 12 am Friday and Saturday nights. 3. Prior to release of a certificate of occupancy, the applicant shall provide specific documentation verifying Strange Engineering's authorization of use of their driveway by Fear City customers. 6. Any proposed outdoor refuse andjor recycling areas shall be provided in a solidly screened enclosure area to be approved by the Building Commissioner. 7