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HomeMy WebLinkAbout2011-08-08 AgendaGall to Order 2. Pledge of Allegiance 3. Roll Cali 4. 5. 6. 7. 8. 4 Approval of Minutes — Special Meeting of.luly 11, 2011 Regular Meeting of.luly 11, 2011 Special Reports a. The Seven Wonders of Morton Grove Program will be Presented by the Community Relations Commission Public Hearings Residents' Comments (agenda items only) President's Report — ffdministranon, Northwest Municipal Cogference, Council ofMayors, TIF Committee, Capital Projects, Real Estate Committee a. Commission/Board appointment is requested as follows: Appointment Communi i) Relations Commission Robert Burkhart Economic Development Commission Thomas Galante Clerk's Report — Legal, Cable and Telecommunications Commission a. Discussion of New and Updated Statutes on the Web 10. Staff Reports a. Spillage Administrator } Commonwealth Edison Presentation Regarding Recent Power Outages 2} Presentation of Audit Results for 2010 and Mid -Year Financial Report for 21011 j ) Presentation by Fire Chief Tom Friel Regarding the Cook County Emergency Management Storm Damage Assessment 10. Staff Reports (continued) a. Village Administrator (continued) 4) Presentation Regarding a Preliminary TIF Study for the Redevelopment of Prairie View Shopping Center b. Corporation Counsel 1 I. 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 C omrnission, IT Conununications (Trustee Marcus) 1) Resolution 11 -35 (Introduced August 8, 2011) Authorizing a Contractual Agreement with AT &T to Provide Telephone Services for the Village's Telecommunication Infrastructure at all Village Building Locations 2) Resolution 11 -36 (Introduced August 8, 2011) Authorizing a Contractual Agreement with United Communications Systems, Inc., dba Cali One, to Provide Telephone Services for the Village's Telecommunication Infrastructure at all Village Building Locations 3) Resolution II -38 (Introduced August 8, 2011) Authorization for the Disposition of Unclaimed Bicycles Recovered by the Morton Grove Police Department 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 DiMario) I) Resolution 11 -37 (Introduced August 8, 2011) Authorizing a Contractual Agreement with S_B. Friedman and Company to Perform a Preliminary Assessment Relating to the Possible Creation of a Tax Increment Financing (TIF) District for the Prairie View Shopping Plaza and Adjacent Areas d. Trustee Marcus — Public Works Department, Condominium Association, Community Relations Commission, Solid Waste Agency of Northern Cook County, Natural Resource Commission, Tragic Safety Commission (Trustee Thill) I) Resolution 11 -34 (Introduced August $ 2011' Authorizing additional work to the 201 I Street Improvement Program 2) Resolution 11 -40 (IntroducedAugusl 8. 2011) Authorizing the Execution of a Contract Extension with North Suburban Asphalt Maintenance, Inc. for the 2011 Crack Sealing Program 11. Reports by Trustees (continued) e. Trustee 'chill — Building Department, Appearance Commission, Capital Projects, Plan Commission /Zoning Board ofAppeals (Trustee Toth) 1) Ordinance 11 -29 (Introduced.July 11, 2011) (Second Reading) Amending the Village of Morton Grove Unified Development Code, Section 12 -16 -5 Regarding Public Notice Signs for Public Hearings 2) Ordinance 11 -30 (Introduced July 11, 2011) (Second Reading) Granting an Amendment to the Special Use Permit for the Property Located at 5520 Lincoln Avenue for a Revised Landscape Plan 3) Ordinance 11 -31 (Introduced July 11, 2011) (Second Reading) Granting a Special Use Permit to Allow an Adult Day Care Facility at the Property Located at 6027 Dempster 4) Ordinance 11 -32 (Introduced July 11, 2011) (Second Reading) Granting a Special Use Permit to Allow Open Sales at the Property Located at 7220 Dempster (Produce World) f. Trustee Toth — Finance Department, Finance Advisory Commission, Northwest Alfunicipal Conference, Advisory Commission on Aging, Fancily and Senior Services Department (Trustee Gomberg) 1) Ordinance 11 -33 (Introduced August 8, 2011) (First Reading) Establishing Title 1, Chapter 17 Entitled "Amusement Tax" in the Village 12. Other Business 13. Presentation of Warrants July 25, 2011 $695,602.36 August 8, 2011 $472,419.13 Total SI,168,021.49 14. Residents' Comments 15. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate 16. Adjournment -To ensure full accessibility and equal participation.for all interested citz_ ens, individuals with disabilities who plan to attend and who require certain accommodations in order to observe and /or participate in this meeting or who have questions regarding the accessibility of these facilities, are requested to contact Susan or Marlene (847/470 -5220) promptly to allow the Village to make reasonable accommodations. MINUTES OF THE JULY 11, 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 6:04 pm by Village President Daniel J. Staackmann who led the assemblage in the pledge of allegiance. In attendance were: Elected Officials: Absent: Village Staff: Also Present: Mayor Daniel J. Staackmann, and Trustees Daniel DiMaria, John Thill, and Trustee Toth None Village Clerk Tony S. Kalogerakos, William Great, Sheldon Marcus, Corporation Counsel Teresa Hoffman Liston None Mayor Staackmann stated the purpose of the meeting was to discuss pending litigation, personnel matters, labor negotiations, and purchase /sale of real estate, all of which are appropriate for Executive Session. Trustee DiMaria then moved to adjourn to Executive Session to discuss pending litigation, personnel matters, labor negotiations, and purchase /sale of real estate. The motion was seconded by Trustee Great and approved unanimously pursuant to a roll call vote at 6:05 pm. At the conclusion of the Executive Session, Trustee Marcus moved to adjourn the Special Meeting. The motion was seconded by Trustee Thill and approved unanimously pursuant to a voice vote at 6:48 pm. Minutes by: Tony S. Kalogerakos, Village Clerk Special meetin2 minutes.07 -I I -I I 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. IL Village Clerk Tony Kalogerakos called the roll. Present were Trustees Dan DiMare, Larry Gomberg, Bill Grear, Shel Marcus, John Thill, and Maria Toth. III, APPROVAL OF MINUTES Regarding the Minutes of the June 27, 2011 Regular Meeting, Trustee DiMaria moved, seconded by Trustee Toth, to accept the Minutes as presented. There was no discussion. Motion passed unanimously via voice vote. IV, SPECIAL REPORTS Government Finance Officers Association Certificate of Achievement presentation Trustee Toth presented Finance Director Ryan Horne with a plaque from the Government Finance Officers Association (GFOA), awarding a "Certificate of Achievement for Excellence in Financial Reporting" to the Village's Finance Department. She commented that the GFOA awarded this for the Village's Comprehensive Annual Financial Report for the Fiscal Year ended December 31, 2009. The Board joined Trustee Toth in congratulating Mr. Horne for this achievement. Mr. Horne noted that this was truly a team effort and he was glad to accept it on behalf of the dedicated staff of the Finance Department. 2. Presentation of Plan Commission Case PC 11 -04 Requesting a Special Use Permit for Outside Sales at 7220 Dempster. a. Plan Commissioner Chairman Ron Farkas presented this report. The applicant is Produce World, Economic Development Director John Said noted that Produce World is relocating to the Village Plaza Shopping Center and will be occupying the space at the east part of the center formerly held by Old Navy. Produce World would like to install outdoor display areas along a portion of the front of their building, under the existing canopy. Sales would take place inside, the outside would be for display only. It would extend about three feet out from the building, which is about the same depth as a row of shopping carts. a`NGrtuYesk)iJul ;i0,�1'tx`Sbau�.11A4�iiriil IV. SPECIAL REPORTS (continued) Chairman Farkas reported that Mr. Said emphasized that the Produce World store as a whole does not require a Special Use, the Special Use request is limited to the proposed outdoor display. Chairman Farkas said that one individual spoke at the Plan Commission hearing, with complaints about the chain -link fence, specifically, that the privacy slats were in disrepair and didn't provide adequate screening. The applicant responded that the fencing, which extends the entire length of the center, is the shopping center owner's responsibility. No other interested parties spoke. d. After deliberation by the Plan Commission, Chairman Farkas noted that the Special Use request was recommended for approval by a 5 -1 vote. He voted against the proposal because he was considered that one of the seven conditions for granting a Special Use permit —the condition regarding "adequate buffering" —was not met. Mayor Staackmann asked if any of the Board members had any questions for Chairman Farkas. Trustee Thill asked if the produce would be brought out each morning and brought back in at the end of the day. Chairman Farkas said that question hadn't come up during the hearing. Trustee Marcus asked if any of the other merchants in the shopping center had any inquiries or provided any feedback or input. Chairman Farkas said that, to his knowledge, none had — at least, not at the hearing. Trustee Marcus also asked if other stores in the center could have "sidewalk sales" and display merchandise outside. Corporation Counsel Liston responded that there was nothing about that in the Village's code currently, but that staff has begun discuss- ing and looking at it in the context of the Village's code on "temporary signage11 g. There being no further discussion, Trustee Thill moved to accept the Plan Commission's re- port. Trustee Marcus seconded the motion. Motion passed unanimously via voice vote. 3. Presentation of Plan Commission Case PC 11 a. Chairman Farkas presented this case to the Board, The applicant, Hyun Sock Kim, is request- ing a Special Use to allow a senior citizen center (adult day care) at 6027 Dempster. The site is in a strip mall with 8 tenant spaces, located between School Street and Austin Avenue. b. Mr. Kim proposes to renovate the existing tenant space for a senior lounge for a variety of social activities and classes. It will be open weekdays from 10am to 4pm, with 10 -15 visitors the first year, and an ultimate membership goal of 25. The tenant space is about 1,000 square feet. and features an open area in front (for classes and social activities), a small kitchen, and restrooms. A shuttle van will be used to transport members between the center and their residences. c. Chairman Farkas said that Mr. Kim testified that members of the facility will go through a rigorous screening. There would be two employees at the center at all times. Because of the small size, there will be a cap of 15 members plus 2 employees at all times, When membership grows, the times for the activities will be staggered. IV. SPECIAL REPORTS (continued) MrtStts;a`i:Jmyll,x011?atiard'f =:., d. Family members will not be allowed to pick up or drop off; all transportation will be done using the shuttle van, This is a Medicaid program, so the applicant has applied to the Illinois Department of Public Health and the Department of Aging. e. Chairman Farkas said that no interested parties spoke at the Public Hearing. At the conclusion of the hearing. the Plan Commission voted 6 -0 in favor of approving the Speciai Use request, with conditions, including one stating that no drop -off or pick -up will be done by any family members, as that would unreasonably monopolize the parking lot for the other tenants; and a provision stating that a maximum of 15 people would be on site. f. Trustee Marcus asked what other businesses the Kims were in. Chairman: Farkas felt they had other such locations in the City of Chicago. Trustee Marcus asked if they had any other senior facility affiliations. Chairman Farkas said not to his knowledge. g. There being no further discussion, Trustee Thill moved to accept the Plan Commission's report. Trustee Marcus seconded the motion. Motion passed unanimously via voice vote. a. Chairman Farkas noted that the applicant in this case is the Village of Morton Grove, Economic Development Director John Said explained that the proposed text amendments would allow public notice signs to include general information announcing that a certain location is the subject of an upcoming public hearing, and providing contact information. The public notice signs would no longer require specifics, such as the date and time of the hearing. b. Mr. Said pointed out that signs with a general announcement are much more readable to the public, especially at a distance, and to traffic, which often passes sites at relatively high speeds. Further, general signs can be produced by Public Works and used over and over again. The timeframe to make the signs would drop from 15 days to 10 days, which provides the necessary latitude for the Village to have such signs installed in a timely manner These changes would also allow staff to streamline procedures related to public notice signs. Currently, individual signs are required, using several steps involving four departments (Building, Community Development, Police, and Public Works), The proposed use of general information means that a limited number of signs would be needed, and they could be used over again at sites where planning and zoning approvals are requested. c. Chairman Farkas noted that none of the Plan Commission members had any questions, nor did any members of the public. The Commission voted 6 -0 to recommend approval of this request. V. There were no questions from the Village Board. Trustee Toth moved to accept the report of the Plan Commission regarding Case PC- 11 -06, seconded by Trustee DiMaria, Motion passed unanimously via voice vote. PUBLIC HEARINGS NONE VI. RESIDENTS' COMMENTS (Agenda Items Only) NONE VII. PRESIDENT'S REPORT Mayor Staackmann congratulated the members of the Morton Grove Days committee on a very successful event. He also thanked Village Administrator Wade, Trustee Grar, Finance Director Horne, and Finance Department staff member Remy for their help and support of the Morton Grove Days endeavor. 2. Mayor Staackmann thanked Public Works and Andy DeMonte for today's storm. There are power outages but the Village is talking to ComEd. Mayor Staackmann said that in the coming weeks, he will arrange for a meeting between the Village and ComEd representatives to discuss the many and frequent power outages happening this summer. Vlli. CLERK'S REPORT Clerk Kalogerakos had three announcements a. The second Dempster Street Redevelopment ideas Workshop will be held at 7:00 p.m. on Wednesday, July 13, at the Civic Center. This event is open to the public, and all are welcome to attend. 7 There will be a Rabies Vaccination and Microchip Clinic for pets held on Wednesday. July 27 . at the Civic Center, from 10am to 2:45pm. Jackie Walker-O'Keefe at 847- 663 -3071. u. There will be a Steak Fry Fundraiser on August 26 at the Moose Family Center from 5:30pm to 8pm. This event is sponsored by the Chamber of Commerce and will benefit the Niles Township Food Pantry. IX STAFF REPORTS A. Village Administrator Mr. Wade reiterated the Clerk's announcement about the Dempster Street Redevelopment Ideas Workshop. 2. Mr. Wade announced a new "nutritious coupon program" being offered by the Department of Family and Senior Services. For eligibility requirements and more information, interested residents should contact Director Jackie Walker-O'Keefe at 847- 663 -3071. 3. Mr. Wade wanted to let residents know that Matra has scheduled maintenance work for the railroad tracks at Dempster and Lehigh, The repair work is scheduled for the weekend of July 16, starting at 6am. t ,,,, . .• .�, , !,. ° .. t ,. r w . , toil I ay'Edti1 1�, O taatttlW IX STAFF REPORTS (continued) A. Village Administrator: (continued) a. Trustee Marcus asked if the Village's Police Department would be coordinating traffic in that area. Mr, Wade said that Matra had not advised the Village that traffic coordination would be required. He noted that Matra is quite experienced at setting up detours for railroad crossing repairs. b. Trustee Thill asked if Dempster would be closed at Waukegan or if traffic would be allowed to go through to the crossing. Mr. Wade said that detour signs would be posted on Oakton around Gross Point Road and at Caldwell. He did not believe that traffic would be diverted at Waukegan and did not think there would be a need for that. 4. Mr. Wade noted that the storm had resulted in more power outages today. Initially, 2,180 residents were without power, and as of 4pm, 885 were still without power. ComEd assured him that they were bringing in crews from out of state as well as private contractors in an effort to get everyone's power restored, 5. Mr. Wade then introduced Finance Director Ryan Horne to do a presentation on the Lehigh Avenue Commuter Parking Lot. a. Mr. Horne explained that the Lehigh Avenue Municipal Parking Lot opened on January 1, 2011, with 112 spaces available for lease at a cost of $800 annually. The fee could be paid quarterly or annually, and the permit sticker was a "cling" type, making it transferable. After six months, only 20 permits have been issued. The lot is in direct competition with both Matra's parking and parking at the Moose. The original pricing model was based on a full -cost recovery from Matra commuters. Village staff is now recommending that the permit price be made more competitive. Thus it is being reduced to $500 annually. This can be paid annually, quarterly, or monthly, although if someone is paying quarterly or monthly, the rate will be slightly higher ($135 quarterly or $50 monthly) to compensate for additional staff time needed to manage the billings and collections. Those who paid the full $800 will be given the option of a refund or a credit towards the 2012 permit. Monthly and quarterly customers will have their remaining payments adjusted. b. Trustee Thili noted that $500 is half of what it costs to pay at the Skokie Swift. He said he's glad the Village is reducing the rate; he did think it was on the high side. c. Trustee Grear asked how the Village could better advertise or promote the lot and the reduced fee. He pointed out that Metra's monthly ticket rate is higher in Glenview, and hoped that commuters would take advantage of the lower commuter railfare by parking in the municipal commuter lot and getting on the train in Morton Grove. d. Trustee DiMaria said that this parking lot isn't just for commuters; it will also be a parking lot for patrons of future businesses there, i.e.. Pequods. He said the lower permit fee comes to about $2.33 per day, versus Metra's charge of $ 1 .75. That 50 -cent difference could mean that some commuters who park all the way down Lehigh near Oakton might opt for buying a permit in the municipal lot. Trustee DiMaria also noted that the Village keeps restricting parking in areas east of the train station. He suggested that the Village just make the entire area from Ferris to Austin and from Lincoln to Dempster zoned parking, so that commuters will have to use either Metra's, the Moose's, or the Village's parking lot. 'S' AAiaUttii�Af JnTy '^f'{ {22Y?9r8u'atd`IYIO'4t,� X. STAFF REPORTS (continued) A, Village Administrator (continued) e. Mr. Horne said he would like to see 108 -110 spaces sold. He thanked Trustee DiMaria for his comments. Trustee Marcus thanked Mr. Wade and Mr. Horne for their work on this. He commented that the original thought was that the lot should pay for itself, so the permit cost was set up to cap - c, ture what the construction of the lot cost. It seemed prohibitive, but it made sense for the'Vd_ lage to set the permit price that way so the Village could recoup its costs to build the lot. Trus- tee Marcus said he hadn't realized the lot would be competing with the Moose, and noted that it was never meant to be a "subsidized" parking lot. He said that he's glad that we're more competitive now, noting that the Moose charges $4 a day. He urged residents to call Village Hall about obtaining a permit. d. Mayor Staackmann wondered if staff had or would develop a policy regarding special events held in the Forest Preserve, and whether people could park in the municipal lot for those. He said that it could either be a potential problem or a revenue - generating opportunity. B. Corporation Counsel Corporation Counsel Liston had no report. X. TRUSTEES' REPORTS A. Trustee DiMana: Trustee DiMana had no formal report, but offered kudos to Trustee Grear and the Morton Grove Days committee for a very successful event. He also urged residents to volunteer to become members of the Village's Emergency Management Agency (EMA). They're always looking for volunteers. B. Trustee Gomberg, Trustee Gomberg had no report. Trustee Grear: Trustee Grear presented Ordinance 11 -28, An Ordinance to Amend the Village of Morton Grove 2011 Budget to Account for Revenues /Expenditures From the 2011 Dorton Grove Days Festival. This is the second reading of this ordinance. E,' ^a ',e�,.. ,'AllinYlD�k;l#;,�11i1 "91;20'13 Ho5rF4� ` X. TRUSTEES' REPORTS (continued) C. Trustee Grear: (continued) He explained that, subsequent to the adoption of the 2011 Budget, the Village assumed responsibility for the planning and management of the 2011 Morton Grove Days festival. This budget amendment will account for and incorporate the proposed expenses /revenues into the Village's General 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 the event. Trustee Grear moved, seconded by Trustee DiMana, to adopt Ordinance 11 -28. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg acre Tr. Grear aye_ Tr. Marcus aye Tr. Thill acre Tr. Toth aye Trustee Grear thanked all the Morton Grove Days volunteers, adding that the Village had been blessed by having great weather during the four days of festivities, He thanked everyone who had been involved with the successful event, including Mr. Wade, Mr, Horne and his staff, and members of the Public Works Department, Police and Fire, and EMA, who had helped to make it all run smoothly. Trustee Grear said that he's looking forward to next years event! D. Trustee Marcus, Trustee Marcus presented Resolution 11 -33, Authorizing a Contract with Hayes Mechanical for the Maintenance of Heating and Air Conditioning Equipment. He explained that, In 2009, the Village bid and awarded a three -year contract to International Piping Systems of Schaumburg for the maintenance of all Village -owned heating and air conditioning equipment. Since then, it is believed that the company has gone out of business. (The Building Commissioner was told that; but the Village never received any written confirmation.) The contract states that the Village has the right to terminate the contract for non - performance, and it has done so. Staff is recommending that the contract be transferred to Hayes Mechanical. Hayes is willing to honor all the terms and conditions of the original contract until August 31, 2012. Hayes has also hired the technician from International Piping who is already familiar with and has worked on the Village's equipment. Trustee Marcus moved to adopt Resolution passed: 6 ayes, d nays. Tr. DiMaria aye Tr. Gomberg Tr. Marcus acre Tr. Thill 11 -33, seconded by Trustee Gomberg. Motion aye Tr. Grear ave aye Tr. Toth aye 2, Next, Trustee Marcus presented Resolution 11 -34, Authorizing the Execution of a Con- tract with Mark -It Corporation for the 2011 Pavement Marking Program. He explained that the Pavement Marking Program is necessary to maintain the visibility of the streets in the Village. The current program includes the installation or renewal of pavement markings at more than 40 roadway segments or intersections. X. TRUSTEES' REPORTS (continued) D. Trustee Marcus: (continued) This contract was bid out in conformance to the Village's purchasing policy and the low bidder was determined to be Mark -It Corporation of Romeoville, Illinois, in the amount of $25.323. This is $4,744 less than the original estimate from Village engineers. Since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Trustee Marcus moved to approve Resolution 11 -34, seconded by Trustee Toth, Motion passed: 6 ayes, 0 nays. Tr. DiMfaria aye Tr. Gomberg 2y—e Tr. Grear aye Tr. Marcus aye Tr. Thill acre Tr. Toth aye Trustee Marcus complimented Trustee Grear on doing a wonderful job as the liaison to the Morton Grove Days committee, both prior to and during the actual event, He also thanked the Police, Fire.. Public Works, and EMA personnel who helped out. Trustee Trill' Trustee Trill presented 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 Spe- cial Uses in the M2 General Manufacturing District. This is the second reading of this ordinance. This ordinance will modify the Village's unified development code to allow entertainment as a special use in the M2 zoning district. This will hopefully provide opportunities for reuse of in- dustrial areas. Special use review is warranted because of the unique operations of enter- tainment uses, which usually have different hours and parking needs than most typical M2 uses. This text amendment includes a provision prohibiting alcohol at such facilities. Trustee Trill moved, seconded by Trustee DiMare, to adopt Ordinance 11 -26. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aye Tr. Grear ave Tr. Marcus aye Tr. Thill afire Tr. Toth aye 2. Next, Trustee Thill presented Ordinance 11 -27, Granting a Special Use Permit to Allow an Entertainment Use at the Property Located at 8220 N. Austin. This is the second reading of this ordinance. a. This ordinance will allow applicant Big City Entertainment, LLC to open and operate an entertainment use known as Fear City, subject to certain conditions, including improvements to the parking lot, and days and hours of operation. Trustee Thill moved to adopt Ordinance 11 -27, seconded by Trustee Toth, .ri: �dinute5, oiJUty °t9,= 2a,�$'Odri#�IYe",Wii.... X. TRUSTEES' REPORTS (continued) E. Trustee Thill (continued) b. Trustee Grear noted that he had attended all of the procedural control meetings regarding this Special use request, and felt that Fear City was quite a professional addition to the Village. He said that he understood the concerns that some residents had shared with him, but noted that one of the good things about granting a Special Use permit is that if the applicant doesn't abide by all of the provisions of the permit, it can be rescinded. He said that, as a trustee, he has a responsibility to the Village overall to try to bring in more businesses, restaurants, and revenue. Fear City will bring in people from outside the Village who will end up spending money here, even though they will only be open one month of the year. c. Trustee Grear said that, while he personally would like to make everyone in town happy, it's not always possible. The Village staff, the Board, and Fear City have tried to address all possible concerns. Again, if the conditions of the Special Use permit are not met, the permit can be pulled. Trustee Greer was optimistic that Fear City will be successful in and for Morton Grove. d. Trustee Marcus concurred with Trustee Grear's remarks, and said he, too, was concerned about the neighborhood. He wanted to ensure that the rules and regulations are being followed, and said that his impression of the Big City Entertainment organization is that they want what's in the best interests of the community so that they can and will be successful. Mayor Staackmann called for the vote on Ordinance 11 -27. Motion passed: 6 ayes, 0 nays. Tr. DiMaria ave Tr. Gomberg aye Tr. Grear acre Tr. Marcus are Tr. Thill aye Tr. Toth aye Trustee Thill then presented for a first reading Ordinance 11 -29, Amending the village of Morton Grove's Unified Development Code, Section 12 -16 -5, Regarding Public Notice Signs for Public Hearings. This is pursuant to Plan Commission Case PC11 -06, heard earlier this evening. There was no further discussion on Ordinance 11 -29. 4. Trustee Thill also presented for a first reading Ordinance 11 -30, Granting an Amendment to the Special Use Permit for the Property Located at 5520 Lincoln Avenue, Morton Grove, for a Revised Landscape Plan. This ordinance, pursuant to the Unified Development Code, allows minor changes or amend- ments to a project (such as a revised landscape plan) to be made without the need of going through the full, formal procedural control process.. as long as the Village Administrator, Corporation Counsel, Building Commissioner, and Plan Commission Chairman have approved said amendment. These officials have approved the proposed amendment. There was no further discussion on Ordinance 11 -30. _ a A''r , #r .•S see kv. ad`,+�;t�11�1++�'O�':tpl ,1•����` U'$.y X. TRUSTEES' REPORTS (continued) E Trustee Thill: (continued) 5. Trustee ThiII then introduced for a first reading Ordinance 11 -31, An Ordinance Granting a Special Use Permit to Allow an Adult Day Care Facility at the Property Located at 6027 Dempster, Morton Grove, Illinois. This is pursuant to Plan Commission Case PC11 -05, heard earlier this evening. There was no further discussion on Ordinance 11 -31, 6. Trustee Thill presented for a first reading Ordinance 11 -32, Granting a Special Use Permit to Allow an Open Sales (Outdoor Display) at the Property Located at 7220 Dempster, Gorton Grove, Illinois (Produce World). This is pursuant to Plan Commission Case PC 11 -04, heard earlier this evening. There was no further discussion on Ordinance 11 -31. Trustee Thill noted that during today's "storm of the week," the Village lost more trees. He also announced that the "Indian Marker Tree" at Nashville and Beckwith, which is at least 250 years old, is now a potential danger and has to be taken down. Trustee Trill wanted to make residents aware of a new "Memorial Tree Planting Program. 11 where residents can purchase a tree from an approved list which can be planted on a Village parkway. Public Works will handle the planting and care of the tree. A tree can be purchased to memorialize a loved one or to commemorate a special occasion such as a wedding or a milestone birthday or anniversary. For more information or to sign up for this program, resi- dents can contact the Public Works Department at 847- 663 -3900, Trustee Thill noted that there is an Eagle Scout in attendance tonight to talk about his project. Trustee Thill said that Blake Helton is an outstanding young man, and he personally felt more comfortable knowing that the future of America is represented by young people like Blake. Trustee Toth: Trustee Toth had no report. XI. OTHER BUSINESS NONE 10 I X11 WARRANTS Trustee Toth presented the Warrant Register for July 11, 2011 in the amount of $368,505. She moved to accept the Warrants. seconded by Trustee Marcus. There was no discussion on the Warrants. Upon the vote, the motion passed: 5 ayes. 0 nays, 1 abstain. Tr. DiMaria abstain Tr. Gomberg aye Tr. Grear aye Tr. Marcus ave Tr. Thill aye Tr. Toth acre XIII. RESIDENTS' COMMENTS Blake Helton, 8345 Menard. Mr. Helton is an Eagle Scout working on a project to collect 1,000 pairs of shoes for charity. He is organizing a 5K walk /run event and is also looking for monetary support of it. It will be held on July 23 at gam at Niles West High School, 5701 Oakton, Mr. Helton is working with "Share Your Soles ", a not- for - profit organization that provides new and gently used shoes to those in need around the world. Mr. Helton said that, so far, he has about 500 pairs of shoes. He said that he's giving everyone who donates a pair of shoes a raffle ticket so they can win things like gift cards, restaurant certificates, etc. The first three finalists of the 5K event will also win prizes. He asked that anyone wishing to donate shoes bring them to his house at 8945 Menard. The Board applauded Mr. Helton's initiative. XIV. ADJOURNMENT/EXECUTIVE SESSION Trustee Marcus moved to adjourn the Meeting. Trustee Thill seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg acre Tr. Grear afire Tr. Marcus aye Tr. Thill aye Tr. Toth aerie The meeting adjourned at 7:57 p.m. t1 V.. '1* ..yl.'r xj+gmY.A„,. d, n;v^# "[ "r'1i a e 4' c. y otoif'04001 10 PASSED this 8th day of August, 2011. Trustee DiMana Trustee Gomberg Tr:.,stee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 8th day of August, 2011. Daniel J Staackmann. Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 9th day of August, 2011, Tony S Kalogerakos, Village Clerk Village of Morton Grove, Cook County, Illinois Minutes by TeMBa Covaar 12 Lmisiative Summary Resolution 11 -35 AUTHORIZING A CONTRACTUAL AGREEMENT WITH AT &T TO PROVIDE TELEPHONE SERVICES FOR THE VILLAGE'S TELECOMMUNICATION INFRASTRUCTURE AT ALL VILLAGE BUILDING LOCATIONS Introduced: August 8, 2011 Synopsis: To authorize a telephone service agreement with AT &T for telephone services for the Village's telecommunication infrastructure, which includes digital telephone circuits, and other services. Purpose: To maintain a favorable rate plan for the Village's telephone services which includes normal voice calling, data and alarm circuits, and long distance telephone service. Background: The Village of Morton Grove, in April 2011, engaged Wilson Consulting to audit the current telephone service structure and to develop a Request for Proposal (RFP) for telephone services. The Village received responses from three companies representing two telephone service providers. The Village currently has a telephone service infrastructure for voice calling, data and alarm circuits, and long distance telephone services with AT &T. Establishing a contract agreement allows the Village to lock in favorable rates for the duration of the agreement versus a " month -to- month" arrangement. After the initial evaluation, cost savings appeared to be, possible by dividing the service agreement among two of the vendors. The Information Technology Division and Wilson Consulting decided to recommend dividing the telephone service agreement between AT &T and Call One. Programs, Debts All Departments or Groups Affected Fiscal Impact: By dividing the telephone service agreement among vendors, the Village anticipates savings between $10,000 and $15,000 annually compared to the current telephone service agreement. Based on historical usage patterns, the estimated cost of the agreement is $12,000 annually. Source of Funds: Funds from the Information Technology division is available for this project. Workload Impact: The Information Technology division as part of their normal work activities will oversee and coordinate the management of this agreement. Administrator Approval as presented. Recommendation: First Reading: Not required. Special Considerations None. or Requirements: �j • e Respectfully submitted: 7, Reviewed by: Joseph F. ade, Village Administrator Teresa Hoff Prepared by:' Boyle Wong, etworkAdministrator AUTHORIZING A CONTRACTUAL AGREEMENT WITH AT&T TO PROVIDE TELEPHONE SERVICES FOR THE VILLAGE'S TELECOMMUNICATION INFRASTRUCTURE AT ALL VILLAGE BUILDING LOCATIONS WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village of Morton Grove utilizes and relies on telephone and telecommunication services to operate Village business; and WHEREAS, the Village's telephone and telecommunication services include voice calling, data and alarm circuits, and long distance telephone service; and WHEREAS, in April 201'., a telephone service audit was performed to analyze the Village's existing AT &T telephone service agreement and WHEREAS, the Information Technology Division, in coordination with Wilson Consulting, a telecommunications consultant, developed a Request for Proposal (RFP) for a new telephone service agreement based on the telephone service audit analysis, and WHEREAS, a legal notice inviting vendors to submit proposals for Telephone Services was published in the Pioneer Press newspaper of April 2$, 2011, as well as, on the Villages webshe; and WHEREAS, on May 19, 2011. proposals were received and subsequently publicly opened and read in the Trustees Conference Room of the Richard T. Flickinger Municipal Center; and WHEREAS, all proposals were evaluated on quality and completeness of solution, near -term and long -tern costs, and vendor qualifications; and WHEREAS, the Village determined cost savings can be realized by dividing the telephone service agreement among two of the proposals; and WHEREAS, based on historical usage patterns, the estimated cost of the agreement is S 12,000 annually; and WHEREAS, the Information Technology Division recommend establishing a telephone service agreement with AT &T of Chicago, Illinois for a portion of the Village's telephone and telecommunication services. NOW,, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLIlvOIS 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 of the Village. of Morton Grove is hereby authorized to execute, and the Village Clerk to attest, an agreement with AT &T, 225 West Randolph Street, Chicago, Illinois 60606 for a portion of the Village's telephone services. SECTION 3: The Village Administrator and /or his designees are authorized to take all steps necessary to finalize negotiations for said contract and implement its terms and conditions. SECTION g: That this Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 8"' day of August 2011 Trustee Trustee Trustee Trustee Trustee. Trustee DiMaria Gombero Grear Marcus Thill Toth APPROVED BY ME THIS AUGUST 8. 2011 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED AND FILED in my office This 4 "' DAY OF AUGUST 201 I Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 11 -36 AUTHORIZING A CONTRACTUAL AGREEMENT WITH UNITED COMMUNICATIONS SYSTEMS, INC., DBA CALL ONE TO PROVIDE TELEPHONE SERVICES FOR THE VILLAGE'S TELECOMMUNICATION INTRASTRUCI`URE AT ALL VILLAGE BUILDING LOCATIONS Introduced: August 8, 2011 Synopsis: To authorize a telephone service agreement with United Communications Systems, Inc. dba Call One for telephone services for the Village's telecommunication infrastructure, which includes analog telephone circuits and other services. Purpose: To maintain a favorable rate plan for the Village's telephone services which includes normal voice calling, data and alarm circuits, and long distance telephone service. Background: The Village of Morton Grove in April 2011 engaged Wilson Consulting to audit the current telephone service structure and to develop a Request for Proposal (RFP) for telephone services. The Village received responses from three companies representing two telephone service providers. The Village currently has a telephone service infrastructure for voice calling, data and alarm circuits, and long distance telephone services with AT &T. Establishing a contract agreement allows the Village to Iock in favorable rates for the duration of the agreement versus a " month -to- month" arrangement. After the initial evaluation, cost savings appeared to bepossibie by dividing the service agreement among two of the vendors. The Information Technology Division and Wilson Consulting decided to recommend dividing the telephone service agreement between ATLT and Call One. Programs, Depts All Departments or &-cups Affected Fiscal Impact: By dividing the telephone service agreement among vendors, the Village anticipates savings between $10,000 and $15,000 annually compared to the current telephone service agreement. Based on historical usage patterns, the estimated cost of the agreement is $38,000 annually. Source of Funds: Funds from the Information Technology division is available for this project. Workload impact: The Information Technology division as part of their normal work activities will oversee and coordinate the management of this agreement. .Administrator Approval as presented. Recommendation: First Reading: Not required. Special Considerations None. or Requirements: Respectfully submitted: ., On Reviewed by: � 7os6ph F. kVadc, Village Adm nistrator Teresa Hoffman Dston� Corporation Counsel Prepared by: Boyle Wang, . - ork Administrator 1 ! AUTHORIZING A CONTRACTUAL, AGREEMENT WITH UNITED COMMUNICATIONS SYSTEMS, INC., dba CALL ONE TO PROVIDE TELEPHONE SERVICES FOR THE VILLAGE'S TELECOMMUNICATION INFRASTRUCTURE AT ALL VILLAGE BUILDING LOCATIONS 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 government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village of Morton Grove utilizes and relies on telephone and telecommunication services to operate Village business; and WHEREAS, the Village's telephone and telecommunication services include voice calling. data and alarm circuits, and long distance telephone service; and WHEREAS, in April 2011, a telephone service audit was performed to analyze the Village's existing AT &T telephone service agreement; and WHEREAS, the Information Technology Division, in coordination with Wilson Consulting, a telecommunications consultant, developed a Request for Proposal (RFP) for a new telephone service agreement based on the telephone service audit analysis; and WHEREAS, a legal notice inviting vendors to submit proposals for Telephone Services was published in the Pioneer Press newspaper of April 28, 201 1 as well as on the Village's website; and WHEREAS, on May 19, 2011, proposals were received and subsequently publicly opened and read in the Trustees Conference Room of the Richard T. Flickinger Municipal Center; and WHEREAS, all proposals were evaluated on quality and completeness of solution, near -term and long -term costs, and vendor qualifications; and WHEREAS, the Village determined cost savings can be realized by dividing the telephone service agreement among two of the proposals; and WHEREAS, based on historical usage patterns, the estimated cost of the agreement is 538.000 annually; and WHEREAS, the Information Technology Division recommend establishing a telephone service agreement with United Communication Systems, Inc., dba Call One of Chicago. Illinois for a portion of the Village's telephone and telecommunication services. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION l: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village President of the Village of Marton Grove is hereby authorized to execute, and the Village Clerk to attest, an agreement with United Communication Systems, Inc., dba Ca" One, 123 North Wacker, Floor 7, Chicago, Illinois 60606 for a portion of the Village's telep one services. SECTION 3: The Village Administrator and /or his designees are authorized to take all steps necessary to finalize negotiations for said contract and implement its terms and conditions. SECTION 4: That this Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 8 °i day of August 2011 Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS AUGUST 8, 2011 Daniel J. Staackmann, Vihage President Village of Morton Grove Cook County, Illinois ATTESTED AND FILED in my office This 9`r' DAY OF AUGUST 2011 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 11 -38 AUTHORIZATION FOR THE DISPOSITION OF UNCLAIMED BICYCLES RECOVERED BY THE MORTON GROVE POLICE DEPARTMENT Introduced: August 08, 2011 Synopsis: To authorize the Village President to approve the donation of eighteen (18) found bicvcles in the Village of Morton Grove. Since ownership of the bicycles was not ascertained, ownership will be transferred to the Village so the bicycles can be donated to the ".BoyScouss of,Araerica Troop -9821' -', a not- for - profit group located in Niles, Illinois. Purpose: Due to lack of bicycle storage space, bicycles need to be disposed ofon a regular basis. Background: The Morton Grove Police Department on a regular basis receives calls for found bicycles in the Village. The bicycles are collected and inventoried and stored in the police garage. They are kept at least six months to allow the department to ascertain ownership. If no owner information is found, the 1 department can dispose of the bicycles in accordance with department policies and state guidelines. In the pas!, auctioning off the bicycles was not cost effective due to the minor value of the bicycles. Programs, Departments � Police Department. or Groups AFiected Fiscal Impact: None. Source of Funds: Not Applicable. Workload impact: The logistics of the donation will be coordinated by the Police Department. Administrator i I Approval as presented. Recommendation: First Reading: i Not Required Special Considerations or None Requirements: I Respectfully submitted: i �, Jose r P. de, is e Administrator / Prepared by: Z Reviewed by: Mark Erickson, Chief of Police Teresa Hoffinan Liston, Corporation ConnSeI AUTHORIZING THE DISPOSITION OF UNCLAIMED PROPERTY RECOVERED BY THE MORTON GROVE POLICE DEPARTMENT 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 1470 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 Morton Grove Police Department made reasonable inquires and efforts to identify, notify, and /or locate the owners of the accumulated property and such information has not been ascertained within at least six months; and WHEREAS, pursuant to Section 765 ILLS 1030/3, the Chief of Police has determined the interests of the public would best be served by transferring custody of the property directly to the Village; and WHEREAS, in reviewing comparable results from auctions in the past, the relative minor value of said property and the cost of conducting an auction of said property, it would be in the best interests of the Village to dispose of said property through a donation; and WHEREAS, the Roy Scouts of America Troop #821, a not-for-profit organization located in, Niles, 'Illinois, has expressed an interest in accepting this donation of personal property for use in their fund raising activities. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION' 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as heremabove set forth. SECTION; 2: Pursuant to Section 65 ILCS 5/11 -76 -4 and Section 765 ILCS 1030/3 of the Illinois Compiled Statutes, the Mayor and Board of Trustees of the Village find the following property: 18 - bicycles now in the custody of the VILLAGE are no longer necessary or useful to said Village and the best interest of the Village of Morton Grove will be served by a donation to The Boy Scouts of America Troop # 821, Niles, Illinois, and therefore the Police Chief is hereby authorized to take custody of the bicycles on behalf of the Village and thereafter to donate the bicycles to The Boy Scouts of America Troop 9821, Niles, Illinois. SECTION 3: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. PASSED this 8`' day of August 2011 Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grcar Marcus Thill Toth APPROVED by me this 8 °i day of August 2011 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 9t" day of August 2011, Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cools County, Illinois EXHIBIT A 18 - bicycles Legislative Summary Resolution II -37 AUTHORIZING A CONTRACTUAL AGREEMENT WITH S.R. FRIEDMAN AND COMPANY TO PERFORM A PRELIMINARY ASSESSMENT RELATING TO THE POSSIBLE CREATION OF A TAX INCREMENT FINANCING (TIF) DISTRICT FOR THE PRAIRIE VIEW SHOPPING PLAZA AND ADJACENT AREAS Introduced: August 8, 2011 Synopsis: The Prairie View Shopping Plaza (Center) has been deteriorating over the past several years and the owners are requesting TIF assistance to help offset expenditures associated with the 1 redevelopment of the Center_ Purpose: The deveiopment expertise of S.B. Friedman & Company will be needed to achieve the iono- term goals and objectives of the Prairie View Shopping Plaza and adjacent areas. Background: The owners of the Prairie View Shopping Plaza are interested in undertaking a redevelopment project for the Center but they have informed the Village the extraordinary costs needed to improve and develop this particular Center cannot be undertaken without the Village "s consideration of designating the Center as a Tax Increment Financing District. Currently the Center is only 70% occupied and in order to redevelop the Center, which will make it more attractive to retail tenants and customers extensive infrastructure improvements will be needed including a stormwater management system, the removal of asbestos, etc. Programs, Departs Building and Inspectional Services and Community and Economic Development Department or Groups Affected Fiscal Impact: In order to perform the preliminary study, S.B. Friedman and Company will require between $24,000 and $28.000 to be reimbursed by the property owner. I Source of Funds; Not applicable. Workload Impact: Work performed by the Village staff will be conducted as pa L of their normal work day. Admin Recommend; Approval as presented. I Second Reading: Not applicable I Special Consider None or Requirements: Respectfully submitted: ti f 0! Jo�h F. 'ade, Vi ]age Administrator Reviewed bv: John D. Sal ,Community and conomic Development Director Prepared by YW Z Teresa HofmL l orporation Counsel AUTHORIZING A CONTRACTUAL AGREEMENT WITH S. B. FRIEDMAN AND COMPANY TO PERFORM A PRELIMINARY ASSESSMENT RELATING TO THE POSSIBLE CREATION OF A TAB; INCREMENT FINANCING (TIF) DISTRICT FOR THE PRAIRIE VIEW SHOPPING PLAZA AND ADJACENT AREAS 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 Prairie View Shopping Plaza (Center) is located at the southeast come; of Dempster and Waukegan Road in the Village of Morton Grove, and consists of approximately 26.5 acres in the Village's C -1 Commercial District: and WHEREAS, flee Prairie View Shopping Plaza has seen deteriorating over the past several years. According to the owner, the property is only currently seventy percent (70 %) occupied, and in order to redevelop the Center to make it more attractive to retail tenants and customers, extensive infrastructure improvements are needed including property grading, a new stormwater management system, and asbestos abatement within the Center: and WHEREAS, the owner has informed the Village extraordinary costs will be incurred to improve and redevelop the Center and the owner cannot undertake these improvements without financial assistance from the Village; therefore the owner has asked the Village to consider designating the Prairie View Shopping Plaza as a Tax Increment Financing (TIF) District: and WHEREAS, in order to consider creating a Tax Increment Financing District in this area, the Village needs to conduct a professional study to assess the feasibility for the designation as a TIF District, conduct a preliminary review of the developer's financials to determine . the approximate level of possible TIF assistance needed, review the availability of TIF revenue, and assess the Village's return on its potential investment in this project and WHEREAS, the owner of the Prairie View Shopping Plaza has agreed to reimburse the Village for the cost of such a study; and WHEREAS, S.B. Friedman and Company was selected as the real estate development consultant for the Village's Lehigh/Ferris TIF District through a competitive process in 2003 and has performed TIF related services with respect to the Lehi gn /Ferris TIF District on a satisfactory basis to the Village, and WHEREAS, S.B. Friedman and Company possesses an expertise on issues related to the Village's existing TIF, including the Lehigh /Ferris TIF District: and WHEREAS, Village staff believes S.B. Friedman's knowledge as to the Lehigh /Ferris TIF District will be beneficial in assessing the feasibility of the creation of a TIF District for the Prairie View Shopping Plaza: and WHEREAS, S.B. Friedman has provided aproposal to conduct apreliminary study at an approximate cost of between $24,000 and $28,000 which is attached hereto as Exhibit "A and WHEREAS, authorization is needed to direct S.B. Friedman and Company to conduct the preliminary assessment as described above. 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 heremabove set forth. SECTION 2: The Village President of the Village of Morton Grove is hereby authorized to execute, and the Village Clerk to attest to a contractual agreement with S.B. Friedman and Company to undertake a preliminary assessment relating to the creation of a Tax Increment Financing (TIF) District for the Prairie View Shopping Plaza, but only if the owners of the Prairie View Shopping Plaza agree in writing to reimburse the Village for the cost of this study. SECTION 3: The Village Administrator and Community and Economic Development Director are hereby authorized to coordinate the implementation of this contract with S. B. Friedman and Company. SECTION 4: T his Resolution shall be in full force and effect upon its passage and approval. PASSED this 8`� day of AUGUST 2011 Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Ihill Toth APPROVED by me this 8`' day of AUGUST 2011 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 4`h DAY of AUGUST201 i. Forty S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois S. E. Friedman & Company , 221 North haSaile. St'reec, Suite, 820 } Chicago, 11-60601 1 312) 474 -4250 i F i 1 r9 42.4 -4262 June 21, 2011 Mr. Joe Wade Village Administrator Village of Morton Grove 6101 Capulina Ave. Morton Grove, IL 60053 -2902 Dear Joe: Pursuant to our recent discussions, SB Friedman & Company !SB Friedman) is pleased to present this proposal to provide Tax Increment Financing (TIF} services to the Village of Morton Grove ( "the Village ". It is our understanding that the owner of the Prairie View Plaza, a retail development atthe southeast corner of Dempster Street and Waukegan Road, plans to redevelop and re- tenant the shopping center. While Dominick's and Bally Total Fitness currently serve as the center's anchortenants, the shopping center has deteriorated over the years. Per information from the developer, the property is only 70% occupied and has issues with asbestos. Additionally, extensive infrastructure improvements are needed, including grading and new stormwater management. The developer is confident that the redevelopment of the shopping center will attract new tenants to the center, which may result in additional taxes to the Village. Both the developer and the Village anticipate that there will be extraordinary costs associated with the development project and are looking to TIF to cover some of the infrastructure costs. The shopping center is not currently located within an existing TIF district. SB Friedman proposes to conduct a reconnaissance to assess the project's potential to be designated as a TIF district, conduct a preliminary review of the developer's financials to determinethe approximate level of TIF assistance needed, review the availability of TIF revenues, and assess the Village's return on its potential investment in the project. 4 S. PROJECT START MEETING We will meet with the Village to review the scope and tasks to be completed by5B Friedman and define the timeframe in which the analysis should be completed. At this time, we anticipate discussing with you the outline for the potential study area boundary and collecting select base study area information, including sales tax receipt records forthe shopping center, building permitdata, codeviolations data, etc. These data will be used in subsequent steps. 513 FRIEDMAN I DEVELOPMENT ADVISORS 1 www.sbrrieciman.com Village of Morton Grove TIF Services Z. MEET WITH DEVELOPER /OBTAIN KEY PROJECT INFORMATION We will meet with the developer of the shopping center to confirm the timeline and development status of the project, and to obtain available data, including the development's targeted tenant mix, phasing, projected development budget, sources and uses, and preliminary TIF request. 3. OUTLINE TIF BOUNDARY ALTERNATIVES AND TIF RECONNAISSANCE The Village anticipates that the shopping center project will need some level of public assistance and is considering creating a new TIF district to provide funding to the project. First, we will conduct a field reconnaissance of the shopping area and surrounding area to determine the likelihood of the parcel(s) qualifying for TIF designation. Field- observable factors such as deterioration, obsolescence and vacancywill be noted and analyzed. Factors notvisible during field research will also be analyzed, potentially including: inadequate utilities (both onsite and off- site), presence of structures below minimum code, lack of community planning, and others. Different boundary alternatives will be considered, including evaluating opportunities to abut the Lehigh - Ferris TIF District. The shopping center and the Lehigh Ferris TIF are separated by the Cook County Forest Preserve; however, the current TIF Act does allow porting where forest preserves are the only separation between TIF districts less than one mile apart. We will review opportunities to gain adjacencies in accordance with the TIF Act and will meet with the Village to discuss alternatives. 4. PREPARE PROJECT AND AREA -WIDE PROJECTIONS Based on the selected TIF boundary alternatives, we will prepare TIF projections for the project, and where applicable, project the incremental taxes for other parcels included in the TIF boundary. We will collect tax and assessment data on comparable retail properties (newer shopping centers with similar tenancies), as well as other applicable tax data, to estimate the incremental taxes potentially generated from the proposed project and district. The projections will be used to estimate the district's potential capacity to cover the developer's TIF request. In the event thatthe new TIF district becomes adjacent to the Lehigh - Ferris District, available monies from the Lehigh- Ferris TIF fund balance may be used to provide supplemental funds to the project. We are assuming that will be the case and therefore will also update projections for the Lehigh- Ferris TIF District. S. CONDUCT PRELIMINARY GAP ANALYSIS Once the developer has assembled his proposed development program, we will obtain the project's site plan and financials, including the development budget, sources and uses for funds, and operating pro forma. We will review the plan and development pro forma to verify the assumptions as to hard and soft costs, revenues, and financing parameters. As part of this review, we will • Review hard and soft costs against benchmarks, including cost estimation manuals and typical industry factors; • Evaluate financing in light of market conditions; • Evaluate development fees and profits in light of industry benchmarks; • Confirm the amount and nature of the financing gap; and saFRIEDMANI DEVELOPMENT ADVISORS 2 wwwsbfriedman.com Village of Morton Grove TIF Services 6 Identify TIF- eligible costs. 6. ESTIMATE THE VILLAGE'S RETURN ON INVESTMENT The Village is interested in understanding their potential return on investment in allocating TIF funds to the shopping center redevelopment project. This "return' can best be quantified by estimating the amount of net new sales tax provided to the Village and calculating the remaining property tax, increment that would not be absorbed as subsidy to the project. A third return measure could include estimating the number of net new jobs /wages, but that is beyond the scope of this analysis. The redeveloped shopping center will feature new tenants that are expected to generate increases in sales tax revenue to the Village. We will project the portion of sales tax directed to the Village based on the new tenancy of the shopping center and applicable sales tax rates above that which are currently being generated from the site. If applicable, using the TIF projections that were prepared in Task 4, we will estimate the remaining portion of incremental property taxes to be collected by the Village. We will also make note of the estimated taxes to the Village once the 23 -year term of the TIF district expires. 7. MEETING We will meet with you to discuss the findings of our reconnaissance work and our review of the developer's need for assistance. We also anticipate discussingthe appropriate next steps forthe Village to undertake in financing the project. (Vent Steps If it is determined that the project will have enough financial gap and TIF- eligible costs to warrant the creation of a new TIF district, we would recommend proceeding with the following next steps. We would be pleased to assist you with these tasks. m TIF Designation. Begin the process of conducting a formal Eligibility Study and create a Redevelopment Plan for the study area. Deal Structuring. Based on the project's financial gap and eligible costs, determine how much the Village is willing to subsidize the project and consider different alternatives to financing (e.g, determine whether an upfront grant, loan or pay -as- you -go developer note is appropriate). ® Term Sheet /Redevelopment Agreement. For negotiation purposes, structure a formal term sheet that outlines business and financing terms. Once the terms of the deal are agreed upon, a Redevelopment Agreement should be drafted as the legal and binding agreement between the Village and the developer. Professional Fees Professional fees for these services will be based on the time required at the current hourly billing rates of those involved. Based on the scope of services outlined herein, we estimate our fees will range between $24,000 and $28,000 including a 5% allowance for expenses. We will work with you to meet your required timeframe. A detailed budget estimate is included on the last page of this letter, SB FRIEDMAN I DEVELOPMENT ADVISORS 3 www.sbfriedman.com Village of Morton Grove TIF Services This estimate will serve as a benchmark to measure our progress. We will inform you if we are diverging from this estimate so that we can discuss how to modify the scope orthe budget to our mutual satisfaction. Additional services provided beyond the scope outlined here will be billable based on the hourly rates of Personnel involved and actual time incurred. The enclosed budget estimate assumes one kick -off meeting and an allowance for one to two meetings for project review or other purposes. The following rates apply to this engagement: President $300 Practice Leader 5235 Senior Project Manager $200 Project Manager $Y80 Associate Project Manager $145 Associate $120 Research Associate 5105 Intern $ 75 Local travel, lodging, publications, maps, telephone toll charges, photocopies, report reproduction, color reproduction, faxes, messenger and express services, postage, data purchased specifically forthis project, use of company owned or licensed data bases, and other out -of- pocket expenses are included in this estimate and will be billed in addition to professional fees incurred. Travel time in excess of the normal commuting time of our personnel will be included. These expenses are anticipated to be limited based on the scope of services set forth in this letter. Invoices will be rendered not more frequently than monthly for our services. Invoices are payable within 30 days. If at any point a decision is made to discontinue our services, our fee will be based upon the actual time expended and out -of- pocket costs incurred to that date. The attached "Limitations of Our Engagement" apply to this engagement. SB FRIEDMAN I DEVELOPMENT ADVISORS 4 www.sbfnedman.com Village of Morton Grove TIF Services Acceptance Procedures We appreciate the opportunity to present this proposal to you. To indicate your acceptance of this proposal, please sign the enclosed copy and return it to us as authorization for us to proceed. Sincerely, Stephen B. Friedman, AICP, CRE President Accepted: Signature Date Name Title '-- /Jewell Walton, AICP Project Manager 5B FRIEDMAN I DEVELOPMENT ADVISORS 5 wwwsbfriedman.com Village of Morton Grove TIF Services Our report will be based on estimates, assumptions and other information developed from research, knowledge of the industry and meetings during which we will obtain certain information. The sources of information and bases of the estimates and assumptions will be stated in the report. Some assumptions inevitably will not materialize, and unanticipated events and circumstances may occur; therefore, actual results achieved during the period covered by our analysis will necessarily vary from those described in our report, and the variations may be material. The terms of this engagement are such that we have no obligation to revise the report to reflect events or conditions which occur subsequent to the date of the report. These events or conditions include without limitation economic growth trends, governmental actions, changes in assessment practices, changes in the TIF statute, interest rates and other factors. However, we will be available to discuss the necessity for revision in view of changes in the economic or market factors affecting the proposed project. Our report will be intended soielyfor your information, and for submission to the Village Board for purposes of establishing a Tax Increment Financing (TIF) district. It should not be relied upon by any other person, firm or corporation or for any other purposes. Neither the report nor its contents, nor any reference to our firm, may be included or quoted in any offering circular or registration statement, appraisal, sales brochure, prospectus, loan, or other agreement or document intended for use in obtaining funds from individual investors. 58 FRIEDMAN I DEVELOPMENT ADVISORS 6 www.sbfriedman.com Village of Morton Grove TIP Services Budget Estimate Morton Grove: Prairie View Shopping Center TIF and Deal Review 56 FRIEDMAN J DEVELOPMENT ADVISORS 7 www.sbfriedman.com Person President Proj. Manager Associate (Task Rote 5 300 $ 180 S 120 orals 1. Project Start Meeting 2 2 2, Meeting wltn Developer; Review of Project Information 2 6 6 , TIF and Reconnaissance � 3 8 I 16 4. Pre are are Pro ect & TIP-Wide p j Wide Increment Projections I I Project Projections, Including Comp Property Research 2 6 16 Area -Wide Inflationary Poiections 2 4 Update of Lehigh- Ferris Projections 4 8 Gap Analysis i5, Review of Construction Costs and Financing Terms 2 8 16 identify TIP Eligible Costs 1 2 16. Estimate of Village's Return on Investment 1 4 8 Allowance for Meetings or Additional Analysis 8 g S !Total Hours 150 171 49 84 [Total Professional Fees $ 24,000 $5,100 $%820 $10,080 'Expenses 5 %' $ 1,200 Contingency 10% S 2,400 Total Estimated Cost $ 27,600 56 FRIEDMAN J DEVELOPMENT ADVISORS 7 www.sbfriedman.com Leaislatave Summary Resolution 11 -39 AUTHORIZATION TO ADD ADDITIONAL WORK TO THE 2011 STREET IMPROVEMENT PROGRAM Introduced: August 8, 201 1 Synopsis: To authorize the Village President and Viliage staff to execute agreements changing the plans for 2011 Street improvement Program to include (1) the resurfacing of Churchill Street from Dead End to Lehigh; (2) the resurfacing of Narragansett Avenue north of Beckwith; (3) approximately 300 feet of additional curb and gutter replacement on New England Avenue from Davis to Church: which will increase the original project cost by an amount not to exceed $60,000_ Purpose: To add unforeseeable rehabilitation work to the scope and value of the 2011 Street Improvement Program contract with Arrow Road Construction Company. Background: Resolution 1 1 -29 awarded a contract to Arrow Road Construction Company for the 2011 Street Improvement Program. The contract includes rehabilitating Churchill Avenue from the Dead End to west of Natoma Avenue. The condition of the pavement surface east ofNatoma has also deteriorated and should be replaced, it is desirable to extend the limits of the rehabilitation work of Churchill Avenue to be from the dead end to Lehiah Avenue. The Public Works Department also budgeted for and planned to resurface Narragansett Avenue north of Beckwith Road in 2011 using Public Works staff to perform the work. However, the Public Works crews have been overwhelmed by multiple storm events resulting in weeks of cleanup from extensive damage to trees making it impractical for Public Works crews to complete the resurfacing work on this street in 2011. The extent of necessary curb and gutter repairs on New England Avenue from Davis Street to Church Street resulting from water main rem a; ement on this segment makes it more practical to replace the fu I I length of curb and gutter on the east side of this street segment. There are sufficient funds in the Capital Project Fund to complete this work. i Programs, Departs Public Works Department or Groups Affected I Fiscal Impact: An amount not to exceed $60,000 Source of Funds: Capital Projects Fund (Account Number 305060 - 553340) Workload Impact: The Public Works Department, Engineering Division, as part of their normal contract administration. i Admin Recommend: Approval as presented. Special Consider or None Requirements: Respectfully submitted'. C -- p Y Reviewed by: _ ✓ t lose 62 W de, Village Administrator 'Teresa Hoffman Liston, Cjor ration Counsel � Prepared by; Reviewed by: Chris Tomich, Village. Engineer A fvDeMonte, Dir. of Public Works +: 1 1 1, 1 AUTHORIZATION TO ADD ADDITIONAL WORK TO THE 2011 STREET IMPROVEMENT PROGRAM WHEREAS. the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, Resolution 11 -29 awarded a contract to Arrow Road Construction, Company for the 2011 Street Improvement Program to rehabilitate eighteen (18) street segments throughout the Village; and WHEREAS, the contract includes rehabilitating Churchill Avenue from the dead end to west of Natoma Avenue; and WHEREAS, it is desirable to extend the limits of rehabilitation of Churchill Avenue to be from the dead end to Lehigh Avenue; and WHEREAS, the Public Works Department budgeted for and planned to resurface Narragansett Avenue north of Beckwith Road in 2011 using Public Works staff to perform the work; and WHEREAS, the Public Works crews have been overwhelmed by multiple storm events resulting in weeks of cleanup of extensive damage to trees which has made it impractical for Public Works crews to complete the resurtaeing work in 26 i 1; and WHEREAS, the extent of necessary curb and gutter repairs on New England Avenue from Davis Street to Church Street resulting from wafter main replacement on this segment makes n more practical to replace the full length of curb and gutter on the east side of this segment; and WHEREAS, the estimated cumulative cost of adding the above described improvements to the contract for 2011 Street Improvement Program is 560,000; and WHEREAS, funding for the above work in the amount of 5 2,525,000 is included for this work in the Village of Morton Grove 2011 Adopted Budget in Account Number 305060- 553340, of which 51,478,000 is already obligated to other work. 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 Corporate Authorities approve the extension of the proposed rehabilitation work on Churchill Avenue to be from the dead end to Lehigh Avenue to be included in the 2011 Street Improvement Program, SECTION 3. The Corporate Authorities approve the additional work to rehabilitate Narragansett Avenue, north of Beckwith Road to be included in the 201 1 Street Improvement Program, SECTION 4. The Corporate Authorities approve the additional work to replace all curb and gutter along the east side of New England Avenue between Davis Street and Church Street and all incidental restoration work to be included in the 2011 Street Improvement Program. SECTION 5. The Corporate Authorities authorize the Village President and Village Engineer to execute a Change Order to the Contract with Arrow Road Construction Company for the 201 1 Street Improvement Program to increase the amount of this contract by an amount not to exceed $60,000 for the additional work to be performed on Churchill Avenue, Narragansett Avenue and New England Avenue. SECTION 8. This Resolution shall be, in full force and effect upon its passage and approval. PASSED THIS 8 "' DAY OF AUGUST 2011 Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS 01 DAY OF AUGUST 2011 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 9`h DAY of AUGUST 2011 Tony S. Kaiogerakos, Village Clerk Village of Morton Grove Cook County, Illinois LeLislative Sum marl Resolution 11 -40 AUTHORIZING THE EXECUTION OF A CONTRACT EXTENSION WITH NORTH SUBURBAN ASPHALT MAINTENANCE, INC. FOR THE 2011 CRACKSEALING PROGRAM Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: August 8, 2011 To authorize the Village President to execute a contract extension with North Suburban Asphalt Maintenance, Inc. for the-20 I I Cracksealing Program, The 2011 Cracksealing Program is an annual preventative maintenance program that can delay the onset of pavement deterioration if done at the appropriate time in the life of a pavement surface and reduce the lifecycle cost of maintaining a street. The Village of Morton Grove.. Village of Glenview, Village of Wilmette, Village or' Winnetka have formed a cooperative procurement program, administered at no cost to Village of Morton Grove by the Village of Glenview, to provide crackseaiing services for a three -year term from 2010 -2012. It is reasonable to expect the larger quantities included in a cooperative purchase would reduce the cost of the work for each Village. Municipal Code Titie 1, Chapter 9, Article A, Paragraph 6E allows this cooperative procurement program. North Suburban Asphalt Maintenance, Inc. performed the work satisfactorily in 2010 and is available to complete the work in 2011. Public Works, Engineering Division The estimated contract value is $34,000.00. Since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Capital Project Fund - Account No.: 305060- 553300. The Public Works Department, Enghneering Division, as part of their normal work activities, performs tine management and implementation of the program. Approval as presented. N/A Respectfully submitted: Jos ph F � `. ade, Village Administrator % Prepared by: f �� Reviewed by: Chris Tomich, Village Engineer Reviewed by C`y Ka- Teresa Hoffinan Liston. ,o poratica Counsel An D;Monte, Director of Public Works AUTHORIZATION TO EXECUTE A CONTRACT EXTENSION WITH NORTH SUBURBAN ASPHALT MAINTENANCE, INC. FOR THE 2011 CRACKSEALING PROGRAM WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not linvted to the power to tax and incur debt: and WHEREAS, the 201 1 Cracksealing Program is an annual preventative maintenance program which can delay the onset of pavement deterioration if done at the appropriate time hn the life of apavement surface and reduce the life cycle cost of maintaining a street: and WHEREAS, Village of Morton Grove, Village of Glenview. Village of Wilmette, Village of Winnetka have formed a cooperative procurement program, administered at no cost to Village of Morton Grove by the Village of Glenview, to provide crackseahng services for a three -year term from 2010 -2012: and WHEREAS, Municipal Code Title I. Chapter 9, Article A. Paragraph 6E allows this cooperative procurement program: WHEREAS, the Village of Glenview Public Works Department procured a contract in 2010 with North Suburban Asphalt Maintenance, Inc. cu Niles, Illinois for "RF134210020 Crack Sealma Services for the Villages of Glenview, Morton Grove, Wilmette and Winnetka ", which included the scope of work for 2011 Cracksealing Program; and WHEREAS, North Suburban Asphalt Maintenance, Inc. performed the work for the 2010 Cracksealing Program in a satisfactory manner; and WHEREAS, the estimated contract amount for the work to be completed on the 2011 Cracksealing Program is $34,000.00; and WHEREAS, the work will be completed on various streets within the Village: and WHEREAS, funding for the above work is included in the Village of Morton Grove 2011 Adopted Budget in Account Number 305060- 553300. 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 full), set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village President of the Village of Morton Grove is hereby authorized to execute and the Village Clerk to attest a contract extension with North Suburban Asphalt Maintenance, Inc., for the 2011 Cracksealing Program in an amount not to exceed $34,000.00. SECTION 3: The Village Administrator, Director of Public Works. Village Engineer and their designees are hereby authorized to take all steps necessary to oversee and implement this contract. SECTION 4: This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 8rh DAY OF AUGUST 2011 Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS 8°i DAY OF AUGUST 2011 Daniel J. Staaekmanl. Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 9`' DAY OF AUGUST 2011 1 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois .,egisiative Sum mare Ordinance 11 -29 AN ORDINANCE AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE, SECTION 12 -16 -5 REGARDING PUBLIC NOTICE SIGNS FOR PUBLIC HEARINGS Introduced: July 11, 201 I Synopsis: This ordinance will approve text amendments to amend the Unified Development Code to allow general information public notice sighs for public hearings. Purpose: To allow general information public notice signs for public hearings. Background: The Unified Development Code (UDC) is a comprehensive set of regulation for the zoning of land and development of parcels within the Village. Currently, the UDC specifies public hearings, public notice signs specifying date, me, location, and na ure of request. The Village staff submitted a request to streamime these procedures by allowing signs with genera; information regarding upcoming public hearings for subject sites. This would be applicable to all future public hearings regarding Planning and /or zoning approvals for properties. Based on review of other communities and the Viliaae's home rule authority, staff determined allowing such signs 1 would be, appropriate. General signs will be more readable to ehe pubhe: and thev will help streamline operations for Village staff. Staff also revised the required sign posting to ten days from fifteen days. The Plan Commission recommends approval of these amendments. Programs, Departments Building and Inspectional Services and Community and Economic or Groups Affected Development Department Fiscal Impact: N/A Source of Funds: N/A Workioad Impact: I These amendments will be implemented by the Director of Communitv Development and the Building Department in the normal course of business. Admin Recommendation: Approval as presented. Second Reading: August 8, 201', required 1 Special Considerations or i None Requirements: i Respectfulky submitted: �s lose{ Wak. Village Administrator Prepared by Approved b\ Teresa Neff all Liston, Corporation Counsel John D. Said. Community and Economic Develop Dr Ordinance 11 -29 AMENDING TBE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE SECTION 12 -I6 -5B REGARDING PUBLIC NOTICE SIGNS 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 peiiaining to its government affairs, nclud sig but not Iimited to the power to tax and incur debt. and WHEREAS, the Villaae cons nuousiy reviews and, as it deems necessary, updates existing Municipal Codes to assure they are Kept current and relevant; and WHEREAS, the applicant, the Village of Morton Grove, has made a proper application to the Plan Commission in Case No PC i i -06 to consider and recommend the adoption of cer gin text amendments to the Village of Morton Grove Unified De.veiopment Code. Section 12 -16 -5)B regarding public notice signs; and WHEREAS, upon public notice duly published in the Morton Grove Champion Newspaper, a newspaper of generai circulation n the Village of Morton Grove, which took place on June ? 2011, and a public hearing conducted on .Lune 20, 2011, relative to the above referenced case at which time a1i concerned parties were given the opportunity to present and express their views for the consideration of the Dian Commission. As a result of said hearing, the Plan Commission made certain recommendations and conditions through a report dated .tune 29, 20' 1, a copy of which is attached hereto and made a part hereof and mai:ked as Fxhibh'WA" and WHEREAS. the Corporate Authorities have concluded providing general announcement public notice signs for public hearings ten days before the hearing is appropriate and consistent with the intent of public notice requirements of the. Village of Morton Grove's Unified Development Code, and is consistent with the Village's home rule authority, and will allow nor greater visibility of such signs by the public; 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 assuring all policies are kept current and relevant. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TR'uSTEES OF THE VILLAUE OF MORTON GROVE, COOK COUNT)'.. I1 1,INOtS AS FOLLOWS: SECTION L The Corporate Authorities do hereby incorporate the foregoing WI- tEREAS 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- 16 -5B, entitled "Public Hearings" is hereby amended to read as follows: 12 -16 -5: PUBLIC HEF WNGS: B. Notice: The building department shall give notice of public' earings for the plan commission and zoning board of appeals in the form and manner as described below, and to the persons identified below: i. Content: All notices by newspaper and mail shall include the date, time, and place of the public hearing, the purpose of the hearing. and the address or location of the property involved. 2. Newspaper Publication: Notice of all zoning board of appeals /plan commission cases shall be published in a newspaper with general circulation in the villase at Ieast once no Less than fifteen 15) days nor more than thirty (3 0) days before the hearing date. Mail: Notice by regular United States mail shall be sent to all owners of property within two hundred fifty feet (25(}') of the subject property (1001 feet for zoning board of appeals cases involving single- or two - family residences), such notice to be postmarked not less than fifteen (I5) days nor more than thirty (30) days before the hearing date. Signs: Signs shall be erected on the proper which is the subject of the uubIic hearing, indicating that an upcoming public hearing will be held concerning the property. Such signs shall be conspicuously displayed at least ten (10) days before the public hearing and shall be removed upon the rendering of a decision by the body in question. (Sign size shall be a minimum of 18 inches by 24 inches.) SECTION 3: The Corporate Authorities, in particular the Village Clerk, are hereby authorized and directed to amend ail pertinent records of the Village of Morton Grove to conform to this text amendment. SECTION 4: This Ordinance snail be in full force and effect from and after its passage. approval and publication in pamphlet form according to law. PASSED this 8 "' day of August 2011. Trustee DiMaria Trustee Gomberg Trustee Grea Trustee Marcus Trustee Thili Trustee Toth APPROVED by me this R °i day of August 201 ? Daniel J. Staaeknann, Village President Village of Norton Grove Cook County. Illinois APPROVED and FILED in my office this Q" day of August 201 1 Tony S. Kaiogerakos, Village Clerk Village of Morton Grove Cook County. Illinois Exhibit "All To: Village President and Board of Trustees Front: Ronald L. Farkas, Chairman, Plan Commission � slate: June 29, 2011 Re: Plan Commission Case PC11 -06, Request for Text Amendments to the Unified Development Code regarding public notice signs Commission Report Legal notice for this public hearing was published in the Total newspaper (Morton Grave Champion) on 3 u n e 2, 2011. As this request is for a text amendment, not a request for a specifsc site, no public notice signs of notification letters were required, On )une 20, 2011, a public hearing was conducted by the Morton Grove Pian Commission after notice for this public hearing was duly provided, as noted above, for Pian Commission case pi- Village 11 65. PC ii Oo consists of a request by applicant of Morton Grove for text amendments to the Unified Development Code, regarding public notice signs. Public notice signs are required to be posted at the sites of upcoming public hearings for planning and /or zoning requests. Director of Community Development and Village Planner )ohn D, Said introduced the case on behalf of the Village as applicant. He reviewed the details of the request, lncluding the proposed text amendment language, and the background for this proposal. Mr. Said explained that the request consists of text amendments to Section 12 -16 -5 of the Unified Development Code to allow modifications to public notice signs, The Village's proposed amendments would allow these signs to 'include general information announcing that the location is the subject of an upcoming public hearing, and providing contact information. The signs would no longer require specific date, time and request information, Signs with a general announcement are much more readable to the public, especially at a distance, and to traffic (which often passes sites at relatively high speeds), Further, such signs can be produced by the Village's sign shop (Public Works Dept.), and used again and again for new projects. The revised time frame (10 days from 15 days) inconsistent with other public notice signs in other communities, and it provides the necessary latitude for the Village to have such signs installed in a timely manner, Mr. Said further explained that the changes would also allow Village Staff to str eamiine procedures related to the public notice signs. Currently, individual signs are required to be prepared using several steps involving four departments (Building, Community Development, Police and Public Works), The proposed use of general information signs means that a limited number of signs are needed, and these can be used again and again at all sites where pianninc and zoning approvals are requested. Mc Said concluded by noting that Village Staff has observed public hearing "general information" signs in use in other communities around the region, and the ten -day notification period is common practice throughout the region, Authordation and use of such signs is allowed based on the Village's powers and duties as a home -rule community, Upon conclusion of Mr, said 's presentation, Commissioners had no specific questions cancernlno_ this requJ.K, other than to expreSs their support for the requested Changes. Findinos o- Fay Pursuant to Sec, 12 -16 -4 —E of the UDC, the amendment process "is intended as a tool to adjust the DroVi5i0nS Of this Code.... whenever new conditions, situations or knowledge of gene, ; al significance or appidation occurs, It is not intended to relieve particular hardships nor to confer special privileges or rights." The proposed change does not confer special privileges or rights; in fact it is intended to provide increased public awareness of zoning requess. The Commission concurred that the pr Oposed text amendment adheres to these provisions as specified in the Unified Development Code, Commission Recommendation Commissioner Roepenack moved, and Commissioner Shimanski seconded, to recommend approval of the TeXL Amendments as requested. The motion carried: Yes 6; No 6; Absent 1 The voting: Chairman Farkas Aye Commissioner Bionz Aye Commissioner Dorgan Aye Commissioner Gabriel Aye Commissioner P.amos Absen Commissioner Roepenacl, Aye Commissioner Shimanski Ave Legislative Sttmmary Ordinance 11 -30 GRANTING AN AMENDMENT TO THE SPECIAL USE PERMIT FOR THE PROPER11' LOCATED AT 5520 LINCOLN AVE., MORTON GROVE, ILLINOIS FOR A REVISED LANDSCAPE PLAN Introduced: I July 11. 2011 I- i Synopsis: To grant an amendment to the spa lal use permit for the prope:tV located at 5520 Lincoln Ave. for a revised landscape plan for the assisted living facility at this location (North Grove Manor). Purpose: The Unified Development Code requires an amendment to the special use permit when minor revisions of this nature are proposed to existing special uses. Background: In 2009, pursuant to Ordinance 09 -36, the Corporate Authorities approved a special use permit f for an assisted living facility to be constructed at 5520 Lincoln Ave. Ordinance 09 -36 included a condition of approval (condition 92) specifyina construction in accordance with the. previous landscape plan. The. applicant Ganther Construction (on behalf of Madeo, LLC), now returns With this request, which consists of a revised landscape plan for this prop rey, including different plantings and a children's play area. These chances are proposed to enhance the apn:aranee of the project, which is now under const uctiou. Pursuant to the Unified Development Code. adopted pursuant to Ordinance 07-07. such minor chances can be approved without the need of l going through a full formal Plan Commission proce��. so long as tine amendment has been I approved by the Village Administrator, Corporation Counsel, Building Commissioner_ and Nan Commission Chairperson. Ali these officials have approved the proposed aanendment. Approvai ofthis ordinance wil I formally grant the amendment to the special use permir sub -iPct W certain conditions set forth in the Ordinance, Programs, Departs � Building and Inspectional Services, Community and Economic Development Department or Groups Affected Fiscal Impact: j N/A I Source of Funds: I N/A i Workload Impactr this special use amendment was processed by fire Director of Community Development and the Village Attorney pursuant to the normal course of business. Admin Recommend: 11 Approval as presented. i Second Reading: Required 1 Special Consider All other previous Conditions of Approvai from Ordinance 09 -36 remain in effect. or Requirements: � � Respectfully submitted: 1,` a V d r ; i% i Josef F. ade, Village Administrator Prepared by: � John D. Said, Community and Economic Development Director Reviewed by T eresa Hoffinan Counsel Ordinance 11-30 AN ORDINANCE GRANTING AN AMENDMENT TO THE SPECIAL USE PERM T FOR THE PROPERTY LOCATED AT 5500 LINCOLN AVENUE, MORTON GROVE, ILLINOIS FOR A REVISED LANDSCAPE PLAN WHEREAS, the Village of Morton Grove, located in Cook County. Illinois, is a Home Rule unit of government and under the provisions of Articie 7 of the 1970 Constitution of tile State of Illinois, and as such can exercise any power and perform any function pertaining to its government affairs, including but not limited to, the power to tax and incur debt: and WHEREAS, in 2009., pursuant to Ordinance 09 -36, aspecial use permit for construction of an assisted living facility on the property at 5 -520 Lincoln Avenue was approved by the Village Board. and WHEREAS. the applicant, Ganther Construction on behalf of Madco, LLC, pursuant to Plan Commission Case PC 1 I -09 has made proper application to the Village of Morton Grove for a minor amendment to the special use permit previously granted to allow for revised landscaping with a children's playground area: and WHEREAS. pursuant to Ordinance 07 -07 the Village adopted a Unified Development Code which set forth an abbreviated procedure for minor revisions to special use permits which allows for the granting of such minor amendments without a formal grant process upon the approval of the Village Administrator, Corporation Counsel, Building Commissioner and Plan Commission Chairperson; and WHEREAS, the Village Administrator. Corporation Counsel, Building Commissioner and Plan Commission Chairperson have approved the proposed amendment and have found such amendment with certain conditions as set forth in this ordinance, meets the standard for the abbreviated process described above: and WHEREAS. the property is zoned in the GR "Comm erciallResidennai," District pursuant to the provisions of the Village of Morton Grove Unified Development Codes and WHEREAS, pursuant to the provisions of the Village of Morton Grove Unified Development Code. the Comorate Authorities have determined the proposed amendment to the special use shall he approved sub cct to conditions and restrictions as set forth herein. NOW, THEREFORE, BB IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE. COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance., as though fully set forth herein. thereb }, making the findings as heremabove set forth. SECTION 2: Ganther Construction is hereby granted an amendment to the special use permit previously granted pursuant to Ordinance 09 -36 for an assisted living facility, subject to the following condition and rest ictions which amends condition 2 from Ordinance 09 -36: 2. The proposed assisted living facility be constructed in accordance with the elevations dated November 2, 2009, and the landscape plan dated April 13. 201 1; SECTION 3: The Village Clerk is hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to show and designate the special use permit as amended hereunder. SECTION 4: The Appii.=O Village of Morton Grove Ordinances SECT ION 5. This Ordinance approval and publication in pamphlet PASSED this 0 day of August 2011. Trustee DMaria Trustee Gomberg Trustee Grear TruSte° Marcus Trustee Thil -1 T ustee Toth Dwner shall comply with all applicable requirements of the and Codes+ shall be in full force and effect iron and after its passage, fom-i according to law. APPROVED by me this 8" 'day of August 2011. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and RLBD in my office this 9`j day of August 20 i 1. Tony S.Kalo;erakos, Village Clerk Village of Morton Grove Cook County. Illinois Legislative Sumniary Ordinance 11 -31 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW AN ADULT DAY CARE FACILITY AT THE PROPERTY LOCATED AT 6027 DEMPSTER Introduced: July 11, 2011 Synopsis: This ordinance will grant a special use permit to allow an adult day care facility to operate at the property located at 6027 Dempster Morton Grove. Illinois. Purpose: i This property is located in the C -1 Genera' Commercial District. Adult day eare are allowed in that district only pursuant to a special use permit. Background: The applicant, David Kirn for Hyun Sook Kim, applied fo; especial use permit to operate an adult day care (super senior center) at 6037 Dempstea, A public, hearing was held regarding this request before the Village of Morton Grove Plan Commission on .iune20, 201 t. Village staff had no major concerns with the case and one interested or concerned party spoke regarding the matter, regarding screening. A majority of the Plan Commission recommended, subject to certain special conditions including parking, garbage removal, and compliance with the Village's fire safety ordinances, the Village Board grant the special use to a€ €ow an adult day care facility 'Super Senior Center) at 6027 Dempster, 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 Com nutur % Development, and Village Engirreer, pursuant to the normal course of business. Admin Recommendation: Approval as presented. Second Reading: August 8, 201 i, required Special Considerations or I None Requirements: su Village Administrator Approved b}�:�y John D. Said. Corns; unit) and Economic Develop Dir Prepared by F Teresa Hofhrnat ,i' Liston, Corporation Counsel Ordinance 11-31 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW AWI 'LT DAY CARE AT THE PROPERTI' LOCATED AT 6027 DEMPSTER, MORTON GROVE, ILLINOIS WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home ruie unit of govermrent under the provisions of Article 7 of the 1970 Constitution of the State of Iiinois, can exercise any power and perform any function pertaining to its government affairs, including bin not limited to the power- to tax and incur debt: and WHEREAS, the applicant, David Kim (for Hvun Sook Kim), 4310 Regerim Drive, Glenview, Illinois 60025, has made a proper application to the Plan Commission in the Village of Moron Grove under case number PC11 -US i-eouesnng the approval of a special use permit to operate an adult day are at the property commonly known as 6027 Dempster. Morton Grove, Illinois 60053; and W IEREAS, the. property is located in the C -1 General CommeM District; and WHEREAS, Section 12-4 -3D of the Filicege pfmorton Grove Unified Developrnenr Code allows adult day care uses in the C -2 General Commercial District: 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 circuiation in the Village of Morton Grove which publication took place on June 2, 201 1, and pursuant to the posting of a sign on the property and written notification sent to property owners within 250 ieet of the subieci property as required by ordinance, the Morton Grove Plan Commission held a public hearing elative to the above referenced case on June 20, 201 i , at which time all concerned parties were given the opportuniry 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 29, 2011, a copy of which is attached hereto and made a part hereof and marked as %wit "A ": and WHEREAS, the Corporate Authorities have considered this matter at a Public Meeting and find pursuant to the relevant provisions oth T" Idge foron Grove fiiff e M ed Develol rnent 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 otherproperties in the neighborhood in which it is located; and WHEREAS, pursuant to the provisions of the Pillage of Aforton 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 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 WPIEREAS clauses into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth: SECTION 2: The property located at 6027 Dempster, Morton Grove, Illinois 60055, is I ereby granted a special use permit to allow an adult day care 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 ofthis property, their successors and assigns for the duration of the special use: The Senior Center shall adhere to all applicable Fire and Building Code requirements. 2. The exit out of the parking lot shall be signed with a no left turn restriction. 3. Handicapped parking shall be provided in the parking lot to adhere to the Illinois Accessibility Code. 4. The parking space immediately in front of the store shall be limited to shuttle van parking only. and shall be signed as such. 5. Garbage pickup shall be limited to the rear alley area. 6. The facility shall be limited to fifteen (15) participants /patients at any one time. 7. All participants /patients shall be transported to and from the facility via transportation provided by the facility; transportation by the participant /patient or his /her representative shall be prohibited. SECTION ': The owners, lessees, occupants, and users of 6027 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 4: 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 5: 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 6: The Applicant/Owner shall comply with all requirements of the Village of Morton Grove Ordinances and Codes that are applicable. SECTION 7: 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 8"' day of August 2011. Trustee DiMaria Trustee Gomberg Trustee Great Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 8`' day of August 201 i. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office This 9 °' day of August 2011. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Exhibit "A" To: Village President and Board of Trustees From: Ronald L. Farkas, Chairman, Plan Commission Date. 3une 23, 2011 ✓ n Re: Plan Commission Case PC11 -05 Request for Special Use for a Senior Center (Adult Day Care) at 6027 W. Dempster Commission Report Public Notice was provided for the public hearing for this request in accordance with aooficable requirements. A Dublic notice was published In the local newspaper (Morton Grove Champion) on June 2, 2011. A pubiic notice sign was pasted 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- 05, PC 11 -05 consists of a request by applicant Hyun Sook Kim for a Special Use to allow a senior citizen center (adult day care) in the C1 General Commercial District. 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 business, site, and operations. The subject site is a strip center ors the south side of Dempster containing eight tenant spaces (with addresses from approximately 6017 w 6033 Dempster), located between School Street and Austin Ave. The appicant proposes to renovate the existing social activities and classes. The space is to be visitors during the first year, with an ultimate m about 1000 square feet, with an open area in kitchen, and restrooms A shutte van will residences and the senior center, tenant space for a senior lounge for a variety of apen weekdays from 10 am to 4 pm, wit'n 10 -15 =mbership goal of 25. The tenant space contains front (for classes and social activities), a small be used to transport members between their The applicant was represented at the hearing by Mr. David Kim and Ms. Janice Kim. David and Janice testified concerning this request. The testimony and overview included the following information: Members of this facility will go through a rigorous screening. The average number of members staying at the center is 10 -15, there would be 2 employees, and business hours would be between 10:00 am to 4:00 pm. The programs they would have are education, various activities, fellowship, reading newspapers, books, magazines, snacks, medical assistance. Medical doctors, physical therapy, dialysis, medical center, home health agency, medical equipment, Filipino food catering, and a barbershop are available in that shopping center. ® Transportation: scheduled transportation to and from the senior center is provided to each member by shuttle bus provided by senior center. There will also be a door to door pick up will also be provided several times a day by special request. Individual drop off /pickup by family members will not be allowed. ® Traffic impact analysis: Existing parking spaces: 17; number of stores: 5; number of employees: 2; number of shuttle buses: 1; required parking space for visit fig senior memt)erS, �, Ml . Kim .showed a' picture of the location Oil the Center. ® Mr. Kim stated they would put in low profile lighting in the parking lot . 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: Will the shuttle have a wheelchair access lift? (Mast senior center members are expected to be able to get in and out without such a Hfr. Assistance will be provided to those that require it.) Parking supply and demand, and size of the van. (The applicant stated they have five Parking spaces and would only take up three of them. The applicant also conduced a parking review, at various times during days and evenings for a week, and found maximum occupancy of 7 spaces in this 16 -space lot. Staff noted that Village requirements do not specify numbers for adult day care, and that parking for such uses is subject to Plan Commission review as part or the special use request, Staff also noted that the overall parking supply for the center was considered legal non - conforming.) ® What if more than 15 people want to join the center? (If more people wish to join, different schedules would be arranged so that no more than 15 people would use the center at one time, due to limited capacity of the facility.) State regulations for this use. (The applicant noted that they had to apply to the Illinois Department of Public Health (IDPH} and Department of Aging, who would then send out case manager and review applicants for acceptance into the center. This would be a Medicaid Program, The State would reimburse the center for the membership fees.) There were no interested parties- to speak regarding this proposal. Findinqs of Fact The Commission agreed that the proposed use meets the applicable Standards for a Special Use as soecified In Sec. 12 -16 -4C of the Unified Development Code, and based their decision on these findings. Preservation of i a Welfare — The r: y: detrimental WI maintenance and operation of the Special Use will not be to or endanger th- public Morals or general The proposed use will be managed to maintain the public health, safety and welfare, and is ..I to support and improve public health, as it provides services and activities for senior citizens. 2. Adjacent Properties — The Special Use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the ruses permitted in the zoning district, The proposed use will be entirely located within the designated tenant space, will require limited parking and is compatible with other uses in the plaza. Therefore, the proposed special use has no appreciable impac on surrounding properties, The existing property is iocated within the Cl General Commercial District, and the project is using an existing area in front of the existing building without impacting surrounding properties. 4. Adequate Facilities — Adequate utilities, access roads, drainage and athar necessary facilities are in existence or are being provided. This proposed use plans to locate In an existing building and use existing parking, so there will be no changes to utilities or drainage. The applicant testified that a shuttie van wil! be used to transport residents to and from the senior center, thereby reducing traffic on roadways. Drop- off /pickup by family members will not be allowed. The proposed use is locating in an existing space, and ali surrounding properties are deveioped. Therefore no additional screening or buffering is necessary. 7, Conformance to Other Regulations —The Special Use shall, in all other respects, conform to applicable provisions of this Ordinance or amendments thereto. W 411 a •. a I a. a is a. •. -a • - _ a, a • -.1- '1 • ! M 'a The proposed Special Use wii! be required to meet all Village Codes and Ordinances. Commission Recommenda tion Commissioner Roepenack moved, and Commissioner Dorgan seconded, to recommend approval Di the Special Use as requested. The motion carried: Yes o; No Q; Absent 1 The voting: Chairman Farkas Aye Commissioner Blonz Ave Commissioner Dorgan Aye Commissioner Gabriel Ave Commissioner Ramos Absent Commissioner Roepenack Aye Commissioner Shimanski Aye The Plan Commission's recommendation is subject i. The Senior Center shall adhere to aH appiicab 2. The exit out of the parking for shall be signed 1 Handicapped parking shall be provided in the Accessibility Code, to the following conditions: ie Fire and Building Code requirement; with a no left turn restriction, parking lot to adhere to the Illinois 4. The parking space immediately in front of the store shall be limited to shuttle van parking only, and shall be signed as such, 5. Garbage pickup shall be limited to the rear alley area. 4 Legislative Sttmman, inance 11 -32 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW OPEN SALES AT THE PROPERTY LOCATED AT 7220 DEMPSTER (PRODUCE WORLD) Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommendation: Second Reading: Special Considerations or Requirements: Respectfully subinitied: Prepared by:_ Teresa July 11, 201 i This ordinance will grant a special use permit to allow an outside displav (open sales) at the property located at 7220 Dempster, jorton Grove, Illinois. This property is located in the G1 General Commerciat District. Open Saes are allowed in that district only pursuant to a special use permit. The applicant, Hector Rodriguez for Produce World, applied for a special use permit to operate an outside display area (open sales) at 7220 Dempster Village plazaI A public hearing was held regarding this request before the Village of Mon on Grove Plan Compassion on .lune 20, 2011. Villase staff had no major concerns with the case and one interested or concerned pare spoke regarding screening. A rnajority of the Plan Commission recommended- subject to certain special conditions including compliance with the Village's fire safety ordinances, the Vilia2e Board errant the special use to allow this outside display (open sales) to be known as Produce World within the Village Plaza shopping center. Building and Inspectional Services; Community and Economic Development Department; Vljiage Er,sineer N/A N/A The special use application was processed by the Director of Commupiri� Development, and Village Engineer, pursuant to the normal course of )usiness. s,pproval as presented. august 8, 2011, required vone � ! e Village Administrator Approved by. ✓ � l Coporation Cowhsel John D. Said, Communin and Economic Develop Dir AN ORDINv kNCE GRANTING A SPECIAL USE PERMIT TO ALLOW AN OPEN SALES (OUTSIDE DISPLAY) AT THE PROPERTY LOCATE!! AT 7220 DEMPSTER, MORTON GROVE, ILLINOIS (PRODUCE WORLD) WHEREAS. the Village of Morton Grove (Village), located in Cook Counts, Illinois. is a borne rule unit of government under the provisions of Article 7 of the 1 970 Constitution of the State ofliiinois, can exercise any power and perform anv function pertaiiirg to its government affairs. ncluding but not limited to the power to tax and incur debt; and WHEREAS, the applicant, Hector Rodriguez for Produce World, 7220 Dempster, Morton Grove, Illinois 60053, has made a proper application to the Plan Commission in the Village of Morton Grove under case number PCI 1 -04 requesting the approval of a special use permit to operate open sales (outside display area) at the property commonly, nown as 7220 Dempster, Morton Grove, Illinois 60053: and WHEREAS, the property is located in the C -1 Genera! Commerciai District; an WHEREAS, Section 12 -4 -3D f e lae Morora Gro U11 11 fed Development Code allows open sales as a special use in the C -I General Commercial District: 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 o Morton Grove which publication tool: place on .Tune 2, 2011, and pursuant to the posting of a sign on the property and written notification sent to property owners w thin 250' feet of the subject property as required by ordinance, the Morton Grove Pian Commission held a public hearing relative to the above referenced case on .Tune 20, 201 1, 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 29, 201 1, a copy of which is attached hereto and made a part hereof and marked as Eht ".A ": and WHEREAS, the Corporate Authorities have considered this matter at a Public Meeting and find pursuant to the relevant provisions of the Village 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 iocated: and WHEREAS, pursuant to the provisions of the I/ 111aQe of Morton Grove Municapcd Code, the Corporate Authorities have determined the Special U se 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 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 Ordnance, as though fully se, for herein, thereby making the findings as hereinabove set forth: SECTION 2: The property located at 7/220 Dempster, Morton Grove, Illinois 60053, is hereby granted a special use permit to allow open: sales (outside display area) to be located and Operated at that address subject to the following conditions and restr etions which shall be binding Oil the owners /Iessees, occupants and users of this property, their successors and assigns for the duration of the special use T ne shopping center shall have signs and striping to designate a fire lane subject to the approval of the Villages Fire Department. Access to fire suppression areas, including the knox box and sprinkler room, shall be maintained subject to the Fire Department approval. Unless otherwise approved in writing by the Village Administrator, the proposed outdoor display area shall be installed and maintained in accordance with the plan view and perspective attached hereto as Eadslrit T3 ", SECTION 3: The owners, Iessees, occupants, and users of 7220 Dempster, their successors and assigns allow employees and authorized agents of the Village of Morton Grove access to the preen se at all reasonable times for the purpose of inspecting said premise to verify aP terms and conditions of this special use permit have been met. SECTION 4: 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 deshmawd, SECTION 5: The Village Clerk is hereby authorized and directed to amend all pertinent records of the Village. oz Morton Grove to shovaand designate the special use as anted and an�ended hereunder. SECTION 6: The An hcant/Owner shall comply with all requirements of the Village of Morton Grove Ordinances and Codes that are applicable. SECTION 7: 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 -$ 'day of August 2011. Trustee DiMaria Trustee. Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this Will day of August 2011, Daniel J. Staaekmann, Village. President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my of ice This 4 "' day of August 3011. Tony S. Kalogerakos. Village Clerl: Village of Morton Grove Cook Co n?, Illinois Exhibit "A " =� Village of Morton Grove Department of Community Development To: 'pillage President and Board of Trustees From: Ronald L. Farkas, Chairman, Plan Commission U `�' if I Efate: June 29, 2011 J Rey Plan Commission Case PC11 -04, Request for Special Use for Outside Display (Open Sales) at 72'20 Dempster (proposed Produce World) Commission Report Legal notice for this public hearing was published in the local newspaper {tgorson Gmve Champion) et arse 2, 2011. A public notice sign was posted on the site on dune 3, 2011., and notification fetters were sent to surrounding properties on tune it 2011. On June 20, 261,1, a public hearing was conducted by the Morton Grove Plan Commission afte- notice for this public hearing was duly provided, as noted above, for Pfan Commissigr = =, case PC i1- Oa. PC 11 -04 consist of a request by applicant Elector Rodriguez for Produce World for a Spedal Use to allow outdoor display (Open Sales) in the C1 General Commercial District. 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 layout of the outside display and some related information about the Produce World store and the Village plaza shopping center applicant was represented at the hearing Pavlopoulps (co-owner of Produce World). Mr supplemental information proviaed by Mr. Said. by N:r. Art Holland (architect) and Mr. Steve Holland testified concerning the request, with Mr. Said explained that Produce World is relocating to Village Plaza Shopping Center, at the northwest tamer of Dempster and Harlem. Their tenant space is in the eastern -part of the shopping center, formerly occupied by Did Navy and immediately west o` Pet Supplies 'Plus'. Mr. Said provided further details about the request, by noting that Produce World proposes to ir',stah outdoor (splay areas along a po tror Of the front of their building, under the existing canopy. Sale for the items to be displayed outside will occur indoors, which is a typical arrangement for many grocery stores displaying seasonal items outside. The outdoor display will extend about 3' out from the building, which is about the same depth as a row of shopping carts. The display consists of portable display tables set along the front of the building, Mr. Said emphasized that the Produce World store as a whole does not require a Spedal Use, as a retail food /grocery store of this type is an allowed use In the C1 District. Rather, the requested approval (and therefore Village zoning review) is limited to the proposed outdoor dispiay, Mr. Holland then testified regarding the display, site circulation, and overall layout. After conclusion of the comments from Village Staff and the applicants, the Commission then posed some questions and comments concerning the proposal. These are summarized as follows, with responses in parentheses, g Do the dimensions in the pians match the dimensions noted in the presentation? (Yes, they do.) How MH the shopping cams be maintained to prevent them from blocking Fire Depa tment access? (There will be a storefront corral and bumper stop to eep the carts in their designated storage area.) After Commissioner questions were concluded, any members of the public in attendance were nvited to express their views on the project, This included the following individual: Dan Obradovich, 8goi Oconto, with concerns about delivery times and screening behind the store, complaining that the chain -fink fence with privacy sla s is in disrepair, and doesn't provide adequate screening between his home and the shopping tenter. (Appiicant responded that deliveries are iimited to 7 am to 5 pm, and that the fencing includes screening slat--, and that the fencing, which extends the entire length of the center, is the owner'.; responsibiicy,) There were no other interested parties, =indincis of =ac The applicants aiso testified to the applicable Standards for a Special Use as specified in Sec, i i6 -4C of the unified Development Code, A majority of the Commission concurred with the applicants testimony, and based then~ decision on, these findings. Preservation of Health, Safety, Morais 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 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 simply consists of outdoor displays in front of a grocery store. 2. Adjacent Properties — The Special lase chorald not be injurious to the use and enjoyment of other property in the immediate vicinity for the eases permitted in the zoning district. The proposed display requiring specia; use is limited to the front of the store facing Dempster Street, and the proposed grocery store does not require a special use. Therefore, the proposed special use has no appreciable impact on surrounding properties, 1) 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 propertyss located within the CI General Commercial District, and the project is using an existing area in front 0f the existing buioino without impacting surrounding properties, 4, Adequate Facilities — Adequate utilities, access roads, drainage and other necessary facilities are in existence or are being provided. The use of this location for outdoor display does not change requirements for utilities or drainage. S. Traffic Control —Adequate measures have been or will betaken 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 identified pedestrian circulation, crosswalks, traffic and parking information during their testimony, The existing traffic and pedesman circulation is all contained on the site, not on adjacent streets, and on site dreulation is expec ed to operate Tike a conventional retail grocery store operation. B. Adequate Buffering — Adequate fencing and(or screening shall be provided to ensure the right of enjoyment of surrounding properties to provide for the public safety or to screen parking areas and other visually incompatibie uses. The proposed dispiay requiring spedai use is limited to the front of the store facing Dempster Street, and the proposed grocery store does not require a special use. A fence with screening slats and trees are provided behind the property. Chairman Farkas expressed his concern, that the requirement for adequate buffering was not met. 7, Conformance to other Regulations — The Spec ial Use shall, in all other respects, conform to applicable provisions of this Ordinance or amendments thereto, v eat e®ztc7rn rr6m pE€b6�ESiEPnS ¢'.vT tkt'eSa "rd @reaeae.c, as provided fr9r lea seW Situe ^e� °�.�r= 3Ai, may be considered by the Plan Commission and the pillage 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 Recomm�ndatlon Commissioner Roepenack moved, and Commissioner Shimanski seconded, to recommend approval of the Special Use as requested. The motion carried: Yes 5; No 1; Absent 1 T'ne voting; Chairman Farkas No Commissioner Blonz Aye Commissioner Dorgan Ave Commissioner Gabriel Aye Commissioner Ramos Absent Commissioner Roepenack Aye Commissioner Shimariski Aye The Plan Commission's recommendation is subject to the following conditions: 1. The shopping center shall have signs and striping to designate a fire lane subject to the approval of the Village`s Fire Department, 2, Access to fire suppression areas, including the knox box and sprinkier room, shall be maintained subject to the Fire Department approval. 3. The proposed outdoor display area snail be installed and maintained in accordance with the plan view and perspective (no date or credit) provided as part of this application. 4 EXC SFRINK__R ROOOd II h ;�. -- L._l EXHIBIT "B" 10 C �I I� c I I i a 4 O ----- - t� c - G r I � _ I z 4 I y U { IL = C! s^ L OOKO JFI -c � P I v y L✓7v 3 ° LJN � Rook L c tt -10 I 1 � �I c 0 Leeislaiive Summary Ordinance 11 -33 ESTABLISHING TITLE I, CHAPTER 17 ENTITLED AMIISENIENT TAX IN THE VILLAGE OF MORTON GROVE Introduced: August 8, 2011 Synopsis: This ordinance will establish an amusement tax within the Village of Morton Grove. Purpose: In order to raise additional revenue to support all municipal services within the Village of Morton Grove, this ordinance will impose a tax of 5% on the admission fee or charge imposed on every amusement patron for the privilege of admission j to that amusement. Background: The Village is a home rule community and has the authority to impose taxes on goods, services or accommodations within the Village of Morton Grove. Village staff has proposed the Board adopt an amusement tax of 5% on the admission fee or charge imposed on every amusement patron for the privilege of admission to that amusement. Programs, Departments Finance Department. or Groups E4.fffected Fiscal impact: i This tax is projected to generate S25,000) in General Fund Revenue. Source of Funds: The tax will be borne by the customers of various amusements in the Village and shall be collected by the owners, operators, or managers of said facilities. Workload Impact: The management of the program will be performed by the Finance Department as part of their normal work activities. Administrator Approval as presented Recommendation: Second Reading: September 12, 2011 Special Considerations or None Requirements: Respectfully submitted: 'U, 14 Village Administrator Prepared by: Reviewed by: Teresa Hoffina'n LAs104 Corporation Counsel Ryan ne, Finan " Di ector /Treasurer AN ORDINANCE ESTABLISHING TITLE 1, CHAPTER 17 ENTITLED AMUSEMENT TAX IN 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 has a policy of regularly reviewing and revising the Municipal Code, as necessary,. to insure all provisions of the document remain compliant with contemporary statutes and relevant to current operations; and WHEREAS, ir, exercise of its home -rule authority, the Village, through its President and Board of Trustees, has found and determined that, in order to raise additional revenue to assist in covering the cost for increased use of municipal services, an amusement tax within the Village is in the best interest of the public health, safety, and welfare of its citizens; and WHEREAS, at the direcuor, of the Village President, Village staff has undertaken the review and development of a new Title 1, Chapter 17 to be incorporated into the Municipal Code of the Village of Morton Grove entitled Arnusemew Taz. 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 Village of Morton Grove Code Municipal Code is hereby amended by the addition of a new Title 1, Chapter 17 to be entitled Amusement Tar which shall read as follows: CHAPTER 17 AMUSEMENT TAX SECTION: I -17 -1: Definitions 1 -17 -2: Amusement Tax Imposed 1 -17 -3: Payment and Collection 1 -17 -4: Administration and Enforcement 1 -17 -5: Suit for Collection; Revocation of License 1 -17 -6: Interest and Penalties 1 -17 -7: Violations 1 -17 -1: DEFINfTIONS: For purposes of this chapter, the following terms, phrases, and words shall have the meanings given to them in this section: ADMISSION FEE Any fee or charge made or received for admission to any amusement, OR CHARGE whether or not represented by a ticket or admission stub or receipt of any kind. An admission fee or charge includes, but is not limited to, all fees or charges for seats, chairs, tables, benches, space to stand or sit, special seating areas. tents, structures, booths, or other similar accommodations made as afore described for which there is a fee or charge. AMUSEMENT A. Any spectator and exhibitive event, performance, presentation, or show for entertainment purposes which is exhibited or staged in the Village, including but not limited to the following: I. Any comedic, theatrical, dramatic, musical, opera, or spectator show, exhibition, performance or production, or similar Live or recorded entertainment 2. Any athletic contest, sport, game or similar exhibition:. 3. Any motion picture film projection and motion picture show. B. Any amusement devices such as virtual reality games, video games, internet cafe games, pinball machines, and arcade games. C. For purposes of this Ordinance, amusement shall not mean: i. The active participation in any sport or recreational activity including private lessons such as bowling, billiards and pool games, dancing, tennis, golf, racquetball, swimming, weightlifting, body building, Laser tag, miniature golf, or similar activities; 2. Raffles, as defined in 230 ILCS 1511 (Raffles Act - definitions): 3. Intertrack wagering facilities, as defined in the Illinois Horse Racing Act of 1975 (230 ILCS 511 et seq.). AMUSEMENT With respect to the owner of an amusement, any person who has an OydNER ownership or leasehold interest in such amusement, or any person who has a proprietary interest in the amusement so as to entitle such a person to all or a portion of the proceeds from the operation, conduct or presentation o. amusement, excluding proceeds from non - amusement services and from sales of tangible personal property. AMUSEMENT A. Any person who is admitted to anv amusement in the Village for PATRON which an admission fee or charge is imposed; B. Any person who purchases or otherwise acquires a ticket or pass of any kind from a place other than the location where such ticket or pass is purchased or acquired for admission to any amusement within the Village; C. Any person who pays a fee or charge to participate in any amusement. PERSON Any natural individual, firm, society, foundation, institution, partnership, limited liability company, association, joint stock company, joint venture, public or private corporation, receiver, executor, trustee or other representative appointed by the order of any court, or any other entity recognized by law. PROPERTY With respect to the owner of a place where an amusement is being held, OWNER any person with ownership or leasehold interest in a building, structure, vehicle, boat, area or other place who presents, conducts or operates an amusement in such a place or who allows by agreement or otherwise another person to present, conduct or operate an amusement in such a place. 1-17 -2: AMtTSEMENT TAX IMPOSED: A. An amusement tax of five percent (5 %) on the admission fee or charge is imposed upon every amusement patron for the privilege of admission to any amusement in the Village. B. The tax imposed by subsection A of this section shall not apply to the following persons or privileges of witnessing. viewing, or participation in any amusement: 1. That is not open to the general public; or 2. Sponsored or conducted by and the proceeds of which after payment of reasonable expenses, more exclusively to the benefit of, a. Religious, educational and charitable institutions, societies or organizations; or b. Not- for -profit entities duly qualified under the laws of the State of Illinois. not subject to tax pursuant to Section 501 of the Internal Revenue Code; or c. Governmental entities and schools. 17 -3: PAYMENT AND COLLECTION: The owner, manager, licensee or operator of each amusement shall beg , jointly and severally, the duty to collect the tax from each amusement patron. Every person required to collect the tax levied by this chapter shall secure said tax from the amusement patron at the time he collects the admission fee or charge for the amusement or rental. 1 -17 -4: ADMINISTRATION AND ENFORCEMENT: A sworn monthly amusement tax return, prepared on a calendar month basis shall be filed by each owner, manager, licensee or operator of each amusement in the Village with the Finance Director /Treasurer on forms prescribed or approved by him /her showing the gross receipts from the amusement, the number of admission tickets sold and issued, and the amount of amusement tax collected. Said tax returns and payment of the amusement tax collected during the reporting period are to be received by the Village not later than the last day of the calendar month succeeding the end of the monthly filing period. The Finance Director /Treasurer, or his /her designee, may enter the premises of any amusement during its normal business hours, upon reasonable notice for the purpose of inspection and examination of its books and records for the proper administration of this tax, and for the enforcement of the collection of the tax hereby imposed. It is unlawful for any person to prevent, hinder, or interfere with the Finance Director /Treasurer or his /her designee in the discharge of his/her duties hereunder. It shall be the duty of every owner, manager, licensee, or operator to keep accurate and complete books of records containing all information necessary for the collection of the tax herein imposed to which the finance Director /Treasurer or his/her designee shall have full access, which records shall include a daily sheet showing: (a) the number of tickets of admission issued during the twenty -four (24) hour period, and (b) the actual amusement tax receipts collected for the date in question. In the event the inspection and examination by the Finance Director /Treasurer, or his /her designee discloses a discrepancy in excess of five percent (5 %) from the information furnished by the owner, manager, licensee, or operator of an amusement the cost of said inspection and examinations hall be borne by said person. 1 -17 -5: SUIT FOR COLLECTION; REVOCATION OF LICENSE: Whenever any person shall fail to pay and tax herein provided, or when any owner, manager, licensee or operator of an amusement shall fail to collect the tax hereby imposed from any person who has the ultimate liability for payment of the same, Corporation Counsel is authorized to bring or cause to be brought an action to enforce the payment of said tax on behalf of the Village in any court of competent jurisdiction. If the Village Administrator or his/her designee shall find after a hearing any amusement owner, manager, licensee, or operator has willfully evaded his/her responsibility to collect the tax imposed by this chapter, he /she may suspend or revoke all Village licenses, including but not limited to any business licenses. Hearings to suspend or revoke a Village license shall be held as provided in Village ordinances creating and administering such Licenses or as may be established by the Corporate Authorities from time -to- time. Any such suit for collection or suspension or conviction resulting from such hearing shall not relieve or discharge any civil liability for nonpayment of the tax due. 1 -17 -6: INTEREST AND PENALTIES: In the event of any failure by any amusement owner, manager, licensee, or operator to file the required amusement tax return or collect and pay the amusement tax on or before the due date, he /she shall pay in addition to any tax owed interest at the rate of nine percent (4 %) per annum on any amount due and owing plus a one time penalty of five hundred dollars ($500.00) or ten percent (10 %) of the tax owed as determined by the Finance Director /Treasurer whichever is greater. 1 -17 -7: VIOLATIONS: Any owners, manager, licensee or operator of a business with activity subject to the amusement tax operating within the Village failing or omitting to pay said tax when due, failing or omitting to collect, to account for, or to pay over said tax and any late payment penalty, including interest, or failing to maintain or allow examination of the required records shall in addition to any other payment or penalty provided herein or elsewhere by law or ordinance be subject to the penalty in Article 1, Chapter 4. SECTION 3: The terms and conditions of this ordinance shall be severable and if any section, term, provision, or condition is found to be invalid or unenforceable for any reason by a court of competent jurisdiction, the remaining sections, terms, provisions, and conditions shall remain in full force and effect. SECTION 4: In the event this ordinance or any part thereof 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 by only to the extent of such conflict. SECTION 5: This ordinance shall be in full force and effect from and after its adoption, approval, and publication as provide by law, PASSED this 12" day of September 201 i. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 12`" day of September 2011 . Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This I3'r day of September 2011. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois