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HomeMy WebLinkAbout2009-08-10 AgendaAGENDA VILLAGE OF MORTON GROVE MEETING OF THE BOARD OF TRUSTEES TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER August 1.0, 2009 Meeting 7:00 pm I. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes — Special Meeting— July 27, 2009 Regular Meeting — July 27, 2009 Special Meeting — July 28, 2009 5. Public Hearings 6. Special Reports 7. Resident's Comments (agenda items only) 8. President's Report — Administration, Northwest Municipal Conference, Council of Mayors, TIF Committee, Capital Projects, Real Estate Committee 9. Clerk's Report — Legal, Cable and Telecommunications Commission 10. Staff Reports a. Village Administrator 1) Confirmation of August 24, 2009, Village Board Meeting Cancellation 2) Announcement of a Trustee Field Tour to be held at 9:00 am on Sunday, August 30, 2009, to View Capital Improvements Issues 3) Announcement of the Capital Improvements Planning Workshop to be Held at 7:00 pm on Wednesday, September 2, 2009 4) Miscellaneous Reports and Updates b. Corporation Counsel 11. Reports by Trustees a. Trustee DiMaria — Community and Economic Development Department, Waukegan Road TIF Review, Comprehensive Plan, Real Estate Committee, Lehigh/Ferris TIF Review, Economic Development, Dempster Street Corridor Plan (Trustee Thill) b. Trustee Gomberg — Finance Department, Community Relations Commission, Finance Advisory Commission, Northwest Municipal Conference, Condominium Association (Trustee Toth) C. Trustee Grear — Fire Department, Emergency Management Agency, RED Center, NIPSTA, Police and Fire Commission (Trustee DiMarito d. Trustee Marcus — Family and Senior Services Department, Police Department, Environmental Health, Police and Fire Commission, IT Communications, Chamber of Commerce (Trustee Gomberg e. Trustee Thill — Public Works, Capital Projects, Traffic Safety Commission, Natural Resource Commission, Solid Waste Agency ofNorthern Cook County, Advisory Commission on Aging (Trustee Marcus) 1) Resolution 09 -45 (Introduced August 10, 2009) Authorization to Execute an Agreement with the Illinois Department of Transportation for the Lehigh Avenue Resurfacing Improvement Trustee Toth — Building Department, Appearance Commission, Capital Projects, Plan Commission/Zoning Board ofAppeals (Trustee Great) 1) Ordinance 09 -14 (Introduced July 27, 2009) Granting an Additional Amendment to the Special Use Permit for the Property Located at 8710 Ferris and 8701 Lincoln for a Planned Unit Development in the Village 12, Other Business 13. Presentation of Warrants - $474,552.57 14. Resident's 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 citizens, individuals with disabilities who plan to attend and who require certain accommodations in order to observe and/or participate in this meeting, or who have questions regarding the accessibility of these facilities, are requested to contact Susan or Marlene (8471470 -5220) promptly to allow the Village to make reasonable accommodations MINUTES OF THE JULY 27, 2009, SPECIAL MEETING OF THE BOARD OF TRUSTEES RICHARD T. FLICKINGER MUNICIPAL CENTER 6101 CAPULINA AVENUE MORTON GROVE, ILLINOIS 60053 Pursuant to proper notice in accordance with the Open Meetings Act, the special meeting was called to order at 6:00 pm by Mayor Daniel J. Staackmann. Clerk Kalogerakos called the roll. In attendance were: Elected Officials: President Daniel Staackmann, Trustees Dan DiMaria, Larry Gomberg, William Grear, Sheldon Marcus, John Thill, and Maria Toth, and Village Clerk Tony Kalogerakos Village Staff: Village Administrator Joseph F. Wade, Corporation Counsel Teresa Hoffman Liston, Chief Mark Erickson, and Chief Tom Friel Also Present: Theodore Clark, Special Labor Counsel President Staackmann announced the sole purpose of the meeting was to discuss collective bargaining negotiations which were a proper subject for a closed meeting. Trustee Marcus moved to adjourn to executive session to discuss collective bargaining status. The motion was seconded by Trustee Gomberg and approved unanimously by a roll call vote at 6:02 p.m. At the close of the executive session, Trustee Gomberg moved to close the special meeting. The motion was seconded by Trustee Marcus and approved unanimously pursuant to a voice vote at 6:52 pm. Minutes by: Tony S. Kalogerakos Special meeting minutes.07.27 -09 I &II. CALL TO ORDER /PLEDGE OF ALLEGIANCE Village President Daniel J. 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. III. ROLL CALL Village Clerk Tony Kalogerakos called the roll. Present were: Trustees Dan DiMaria, Larry Gomberg, Bill Grear, Shel Marcus, John Thill and Maria Toth. IV. APPROVAL OF MINUTES Regarding the minutes of the July 13, 2009, special meeting, Trustee Thill moved, seconded by Trustee DiMaria, to approve the minutes as presented. There was no discussion. Motion passed unanimously via voice vote. Regarding the minutes of the July 13, 2009, regular meeting, Trustee Thill moved, seconded by Trustee DiMaria, to accept the minutes as presented. Trustee Toth stated there were a few typographical errors on page 3 and 4 wherein Resolution 09 -29 was incorrectly refer- enced as "Ordinance 09 -29 and Resolution 09 -38 and Resolution 09 -39 were incorrectly ref- erenced as "Ordinance 09 -29 ". There being no additional changes or discussion, Mayor Staackmann called for a vote to approve the minutes of July 13, 2009 as amended. Regarding the minutes of the approved July 15, 2009, special meeting, Trustee Thill moved, seconded by Trustee Marcus, to approve the minutes as presented. There was no discussion. Motion passed unanimously via voice vote. V. PUBLIC HEARINGS NONE VI. SPECIAL REPORTS NONE VII. RESIDENTS' COMMENTS (Agenda Items Only) NONE VIII. PRESIDENT'S REPORT a. Mayor Staackmann asked the Board to concur with his appointment of Mark Erickson as the Village of Morton Grove Police Chief. He stated Mark is a 25 year veteran of the Police Department who most recently served as the Deputy Chief and then Acting Chief. Mr. Erickson first started with the Police Department as a patrol officer in 1984. Minutes of July 27, 2009 Board Meeting In 1991, he became the Crime Prevention and DARE Officer. He then became the Department's Training Coordinator in 1996 and was promoted to Sergeant in 1997. In 2000, he became the Investigations Commander until his appointment to Deputy Chief in 2005. Mayor Staackmann felt the Village was very fortunate to have Mr. Erickson as its new Police Chief and looks forward to the department's continued success. He also stated he was overwhelmed and deeply touched by the amount of officers, family, and friends present to wish Mark success. Trustee DiMaria moved to concur with the appointment, seconded by Trustee Thill. The motion passed unanimously via roll call vote. The Honorable Daniel D. Scanlon, former Mayor of the Village of Morton Grove, swore -in Mark Erickson as the Police Chief. Trustee Greer congratulated Chief Erickson. He felt it was a tribute to the Village to have so many Department Directors as lifelong members of the community. Trustee Thill congratulated the Police Department as a whole. Trustee Marcus felt Chief Erickson was a perfect fit for the Police Department. He also extended special congratulations to all of Mark's family for their support. Newly appointed Police Chief Erickson spoke. He introduced dignitaries, family, friends, and various ranking police officers from other departments, as well as the FBI who were present. He spoke of his ideals for the department as they move forward. Chief Erickson is hopeful to redefine and develop the department into a proud and successful organization. He believed with the help of the elected officials and the sup- port of the dedicated officers and civilians within the department his lofty goals could be achieved. Chief Erickson stated the department will now have a clear mission statement, a comprehensive policy to follow, as well as a strong rank structure that will include accountability, superior services, a proper chain -of- command, enhanced lead- ership responsibilities, and a greater skilled and flexible staff. He introduced the labor management negotiating team from the department and thanked them for their work and dedication toward completing a fair and equitable union contract. He thanked support services, especially Gil Santiago, for their continued cohesive support. Chief Erickson stated he wanted to maintain the safest possible environment for the Police Officers who work in such a risky environment. He then thanked the department as a whole for their service and dedication to the department and the Village. He thanked the Mayor and Village Board for their confidence in him and the department as a whole. He believed this was a "beginning" which will lead toward achievement and success. He knows there will be ups and downs but with help and support he knows the department will grow into an accountable, productive and service orientated de- partment — "one which links our history and defines our own sense of duty and pre- pares us for a distinguished future Chief Erickson invited everyone to the rededication ceremony of Barry Shalin. This officer was a seasoned veteran who was killed in the line of duty on October 9 twenty years ago. This rededication will allow everyone to reflect on the history of the Village and the department. Chief Erickson invited everyone to attend a reception to be held immediately following at the American Legion Memorial Civic Center. Various pictures were then taken. Minutes of July 27, 2009 Board Meeting) IX CLERK'S REPORT Clerk Kalogerakos had no formal report. He congratulated Mark on his appointment and stated he was pleased to have a Chief who grew up and had deep roots in the Village. X. STAFF REPORTS XI. Village Administrator Mr. Wade reminded everyone of the upcoming special meeting to be held at 7:00 pm on July 28, 2009, at Village Hall, concerning the state of the Village's financial condi- tion and the presentation of this year's auditor's report. Mr. Wade presented a report regarding the Solid Waste and Recycling Contract. He stated this contract would be up for renewal and outlined the options for possible con - tract extensions as well as whether this was a good time to do a formal competitive bidding process. He recommended testing the market at this time for a five year con- tract. He anticipates the Village will see an 18% - 30% increase since the contract was last negotiated. The Village will need to pique the interest of area haulers and get them to "sharpen their pencils" when bidding for the contract. A commercial solid waste franchising agreement was also suggested for all businesses located within the corporate limits of the Village. This would protect businesses from arbitrary price in- creases, lessen wear and tear on Village streets, as well as be a savings to busi- nesses. Mr. Wade stated Skokie found 88% of the businesses had some sort of sav- ings from going to a cooperative franchise. Mr. Wade recommended the Village ex- plore and evaluate the possibility of having a Commercial Solid Waste Franchise Agreement. He then returned to the Solid Waste and Recycling Contract. He stated work would begin soon and public comment meetings would be held in the next couple of months. It is hoped a new contract could be in place by January 2010 with a start date of May 1, 2010. Trustee DiMaria felt the Village had an exceptional contract and was pleased there was no fuel surcharge bill for the times when gasoline was so high. There was price stability and protection for the residents in this contract. Trustee Marcus felt the franchise for businesses was innovative and the Village should reach out to the businesses so they can be properly informed. b. Corporation Counsel Corporation Counsel had no formal report. REPORTS BY TRUSTEES Trustee DiMaria 1) Trustee DiMaria presented Resolution 09 -33, Ratifying and Authorizing an Execution of a Change Order to the Professional Services Agreement with McDonough Associates for Engineering and Design Services for the Lehigh /Ferris Tax Increment Financing (TIF) Redevelopment Project Area. This resolution will change the original con- tract which was approved with Resolution 08 -10 to add landscape architecture and engineer- ing tasks that require a change order. The components contained in this rehabilitation project include streetscaping, roadway and utility improvements, the realignment of the Lincoln Ave - nue/Metra grade crossing and the construction of a walkway within the Metra right -of -way. This contract is for a not to exceed amount of $36,450.57 and will be taken from the Municipal Bond issued in 2007. The change order covers increases in the scope of work for the reloca- Minutes of July 27, 2009 Board Meeting tion of the Metra rail yard, traffic study, and additional meetings and landscaping improve- ments to the fire station and library. This resolution was originally introduced on June 22, 2009, and tabled to give new Board members an opportunity to be educated on the various ongoing TIF projects. There was no discussion. Trustee DiMaria moved to approve Resolution 09 -33. Trustee Toth seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aye Tr. Grear aye Tr. Marcus aave Tr. Thill aye Tr. Toth aye 2) Trustee DiMaria presented Resolution 09-40, Ratifying and Authorizing a Modification to the Contractual Agreement with S.B. Friedman and Company for Devel- opment Consulting Services for the Lehigh /Ferris Tax Increment Financing (TIF) Rede- velopment Project Area. To better understand the nature of senior housing needs in Morton Grove, a professional study of demographic trends and available housing options needs to be done. Ongoing work is needed to ensure the redevelopment of this subarea continues to meet the goals and objectives of the Village. This particular study will now be more needs based, than previous studies. — Trustee DiMaria moved to approve Resolution 09 -40. Trustee Thill seconded the motion. Trustee Marcus concurred with the need for a senior housing study. He felt it was good to have a better understanding of the demographics. There being no additional comments or discussion, Mayor Staackmann called for a vote. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aye Tr. Grear aye Tr. Marcus aye Tr. Thill afire Tr. Toth ave Trustee DiMaria stated MNASR is having a fundraiser at the Skokie Sports facility on August 19, 2009. He stated this was a great cause and a chance to help handicapped children. All are invited to participate. Trustee DiMaria congratulated Chief Erickson and stated Mark has his heart in our town. b. Trustee Gomberg Trustee Gomberg had no formal report. C. Trustee Grear Trustee Grear had no formal report. d. Trustee Marcus 1) Trustee Marcus presented Resolution 09 -41, Authorizing the Purchase of Seven Panasonic CF -30 Toughbook Laptops Through the Illinois State Bid Program. The price for these laptops was obtained through a competitive process administered by the Illinois State Bid Program. Funding for this purchase is contained in the 2009 Budget for an amount not to exceed $35,000. The total cost for the laptops, DC adapters and one combo CD drive comes to $26,420 which is $8,580 below the budgeted amount. Trustee Marcus felt Minutes of July 27, 2009 Board Meeting the laptops were a tremendous addition to the work performed by the Police Department There was no discussion. Grear aye Tr. Trustee Marcus moved, seconded by Trustee DiMaria, to approve Resolution 09 -41. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aye Tr. Grear aye Tr. Marcus aave Tr. Thill aye Tr. Toth acre Trustee Marcus stated he had an opportunity to go out in a squad car and found it interesting how the computer technology links the officers and provides them with pertinent information. Trustee Marcus acknowledged the Village has an outstanding Senior Services Department and invited seniors to take the time to inquire about joining in. He stated a members only ice cream social was scheduled this weekend and encouraged all members to attend. e. Trustee Thill 1) Trustee Thill presented Resolution 09 -42, Authorizing a Bid Award and Execution of a contract with Arrow Road Construction Company for the 2009 Street Improvement Program. Trustee Thill stated various streets have been selected for resurfac- ing work this year. Those included are: Oriole, Palma, Wilson Terrace, Lyons, and Belleforte. Arrow Construction Company was determined to be the lowest qualified bidder to do this work with a bid amount of $416,273.09. He noted the bid process conformed to the Village's pur- chasing requirements except the "notice of the contract" which was published 16 "calendar" days prior to the bid opening date rather than 14 "business" days as required by Village Code. This technical deficit can be overturned with a two- thirds majority vote. Trustee Thill noted if this contract is delayed and the start of work is delayed it could result in a higher unit price for the same work. There was no discussion. Trustee Thill moved, seconded by Trustee DiMaria, to approve Resolution 09 -42. Motion passed: 6 ayes, 0 nays. Tr. DiMaria acre Tr. Gomberg aye Tr. Grear aye Tr. Marcus aye Tr. Thill aave Tr. Toth aye 2) Trustee Thill presented Resolution 09 -43, Authorizing Bid Award and Exe- cution of a Contract with North Suburban Asphalt Maintenance, Inc. for the 2009 Cracksealing Program. This annual program is a preventative maintenance program that can delay the onset of pavement deterioration if done at the appropriate time of a pavement's lifecycle. This year's chosen streets to receive this treatment are Central, Harlem, and Sher - mer. North Suburban Asphalt Maintenance has been determined to be the lowest qualified bidder with a bid amount of $22,225. He noted this is a unit price contract so the final con- tract amount will be based on the actual quantity of work performed. He noted the bid proc- ess conformed to the Village's purchasing requirements except the notice of the contract was published 14 "calendar" days prior to the bid opening date rather than 14 "business" days as required by Village Code. This technical deficit can be overturned with a two- thirds majority vote. There was no discussion. Trustee Thill moved, seconded by Trustee DiMaria, to approve Resolution 09-43. Motion passed: 6 ayes, 0 nays. Tr. DiMaria acre, Tr. Gomberg aye Tr. Grear aye Tr. Marcus aye Tr. Thill aye Tr. Toth aye Minutes of July 27, 2009 Board Meetin' 3) Trustee Thill presented Resolution 09 -44, Authorizing the Execution of a Contract with Visu -Sewer of Illinois, LLC for the 2009 Sewer Lining Program. Trustee Thill noted this annual program will include the repair of a combined sewer on Austin Avenue from South Park to Capulina and Lyons Street from Major to Mango this year. Performing this work maintains the structural integrity, decreases infiltration, and generally extends the life of a sewer. This cured -in -place process also minimally disturbs the surrounding areas. The es- timated base bid is $44,475 for this work. The alternate bid to complete a 15 inch combined sewer on Austin from Lincoln to Grove is an additional $16,570 for a total contract amount of $61,045. There was no discussion. Trustee Thill moved, seconded by Trustee Marcus, to approve Resolution 09 -44. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aye Tr. Grear aye Tr. Marcus aye Tr. Thill aye Tr. Toth aye 4) Trustee Thill presented Ordinance 09 -12, Amending the Municipal Code to Restrict Parking on Crain Street Between Marmora and Menard within the Village. Trustee Thill stated this Ordinance was amended per the motion presented by Trustee Gom- berg at the July 13, 2009, Village Board meeting. Changes have now been made to the document to institute a new Zone 13 which will restrict parking in this area from 8:00 am to 3:00 pm on school days only. No one will be able to park in this area on these days and times unless they have a Zone 13 parking sticker. Costs associated with this change will be ap- proximately $210 which will cover the new signage. Trustee Thill also noted this is technically the third read for this Ordinance (Ordinance 09 -12), and he moved to approve this ordinance as amended, seconded by Trustee DiMaria. Pam Lundsberg, 5810 Crain supported the motion as it was presented. She stated she was distressed Mr. Tomich made several errors in his correspondences to the neighbors which created confusion and frustration. Joan Hulka, 5827 Crain wanted to know if they would still receive two guest passes? Mayor Staackmann stated the residents would receive two guest passes. He also apologized for any misunderstanding the area residents had and hoped the new zone parking would help their parking situation. Mayor Staackmann then called for a vote. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aye Tr. Grear aye Tr. Marcus acre Tr. Thill aye Tr. Toth acre f. Trustee Toth 1) Trustee Toth presented for a second reading Ordinance 09 -13, Amending title 8, Chapter 3 Entitled Plants and Weeds" of the Municipal Code. As noted at the last Village Board meeting, these changes will update the procedures for the abatement of unlaw- ful weeds and grasses, as well as the procedures for providing for the cutting of such weeds and grasses, the placement of liens against those properties, and the price the Village may charge for cutting the grasses and weeds (now $125). Trustee Toth moved, seconded by Trustee Thill, to approve Ordinance 09 -13. Minutes of July 279 2009 Board Meeting Trustee Thill felt $125 should be a starting point for cleaning up properties and there should be a step increase of $75 depending on the quantity of disposal and size of various proper- ties. Corporation Counsel stated the fine is a minimum fine and can go up at the discretion of the Public Works Director. Nuisance abatement appears in other sections of the Municipal Code and there are provisions to include salaries, dumping fees, etc. for those properties that are found to be out of control. There being no further discussion, Mayor Staackmann called for a vote. Motion passed: 6 ayes, 0 nays. Tr. DiMaria ave Tr. Gomberg aye Tr. Grear aye Tr. Marcus aye Tr. Thill ave Tr. Toth aye 2) Trustee Toth presented for a first read Ordinance 09 -14, Granting an Addi- tional Amendment to the Special Use Permit for the Property Located at 8710 Ferris and 8701 Lincoln for a Planned Unit Development in the Village. Trustee Toth stated this Ordinance will allow the unit mix for this town home development to be reduced to 64 units. Ordinance 09 -10 granted a special use to change the mix to 65 units as originally approved in the Planned Unit Development; however Toll Brothers wishes to change the mix back to 64 units. The unit mix is in a different location as shown on the site plans given to the Board in their Agenda packets. Trustee Toth noted this was the first reading of this Ordinance and the second reading would be at the August 10, 2009, Village Board meeting. Trustee Toth extended her congratulations to Chief Erickson. She stated she had already worked with Mark on the Community Relations Commission and found him to be most profes- sional. XII. OTHER BUSINESS We7L1 XI 1 1. WARRANTS Trustee Gomberg presented the Warrant Register for July 27, 2009, in the amount of $530,745.00. He moved to accept the Warrants, seconded by Trustee Marcus. Trustee Thill questioned several line items on the Warrant Register. He stated he is doing this to clarify expenditures made by the Village. He believed this will help residents to receive a clearer picture of where their tax dollars are being spent. Following a brief explanation of these expenditures, Mayor Staackmann called for a vote. Motion passed: 6 ayes, 0 nays. Tr. DiMaria ave Tr. Gomberg aye Tr. Grear ave _ Tr. Marcus acre Tr. Thill aye Tr. Toth aye XIV. RESIDENTS' COMMENTS Rudy Furundzic, 7628 Lake presented the Board with a typed outline of his complaints, views and assessments. He felt this document presented his point of view in a concise man- ner. He stated his questions have not been satisfied by the Board and he will continue to at- tend meetings until all his questions are answered. Minutes of July 27, 2009 Board Meeting XV& ADJOURNMENT /EXECUTIVE SESSION XVI. Trustee DiMaria moved to adjourn the Board Meeting, seconded by Trustee Thill. The motion passed unanimously via voice vote. The Board Meeting adjourned at 8:19 pm. PASSED this 10'h day of August 2009. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED by me this 10`" day of August 2009. Daniel J. Staackmann, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 11`h day of August 2009. Tony S. Kalogerakos, Village Clerk Village of Morton Grove, Cook County, Illinois Minutes by Susan Lattanzi G MINUTES OF THE JULY 28, 2009, 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 7:00 pm by Mayor Daniel J. Staackmann who led the assemblage in the Pledge of Allegiance. Corporation Counsel Liston called the roll. In attendance were: Elected Officials: President Daniel Staackmann, Trustees Dan DiMaria, Larry Gomberg, William Great, Sheldon Marcus, John Thill, and Maria Toth, and Village Clerk Tony Kalogerakos (arrived late) Village Staff: Village Administrator Joseph F. Wade, Corporation Counsel Teresa Hoffman Liston, Finance Director /Treasurer Ryan Horne, Fire Chief Tom Friel,_ Community and Economic Development Director Bill Neuendorf, and Public Works Director Andy DeMonte Also Present: Several local residents Mr. Wade stated the purpose of today's special meeting was to present a report on the financial condition of the Village and the impact the very difficult economic times was having on the Village's revenues and expenses. He introduced Ryan Horne, the Finance Director /Treasurer of the Village who took over as the head of the Finance Department in February. Mr. Horne stated this evening's agenda would include a review of major finances, both actual, those budgeted and projected for 2009 expenses, and a similar analysis of Village expenses. He would discuss the Village's fund balances and economic projections for the balance of the year. Mr. Horne thanked his staff for their hard work in preparation for tonight's meeting. He noted while he will be reporting on many numbers, he would also try to add context to these numbers. He reviewed the Village's General Fund Revenues. Mr. Horne stated the real estate levy, retail sales taxes, home rule sales taxes, state income tax, telecommunication tax, electric consumption tax represented 82.6% of all Village revenues. He noted retail sales taxes were budgeted at $4 million for 2009, a decrease of $300,000 from the 2008 budget. Based on receipts received to date, and historical analysis of receipts for the past five years, he projected the Village would receive a total of $3,290,645 in retail sales taxes, or approximately $709,000 less than budgeted, or a decrease of 18 %. Likewise, home rule sales taxes had been budgeted at $2,383,000; a decrease of $234,000 from the 2008 budget. Based on projections, he expected the Village to receive $2,099,496 in home rule sales taxes which compared unfavorably to the amount budgeted by 12% or $283,000. State income tax had been budgeted at $2,010,000, a decrease of $115,000 from the 2008 budget. He projected actual receipts to be $1,881,874; an unfavorable decrease in this revenue of $128,000 or 6 %. The telecommunication tax had been budgeted at $1,015,000. Mr. Horne projected the Village would receive $1,132,993 or an additional revenue of $117,000. Likewise, the electricity tax budgeted at $910,000 was projected to show receipts of $891,963 or $18,000 less than budgeted. Mr. Horne projected additional revenues to the Village budgeted at $3,850,000 would bring in receipts at $4,295,398.24, or additional revenue compared to the budget in the amount of $446,098.24. Hence, Mr. Horne projected the Village would receive in total General Fund revenue $21,597,744; $574,930 less (3 %) than projected. Mr. Horne did a similar analysis of the Village's Expenditures. He expected Village expenditures originally budgeted at $25,256,875 would result in actual expenditures of $24,726,481 or a favorable variance of $530,394. When comparing projected revenue against projected expenses, he projected the difference between projected revenue and projected expenditures would produce an unfavorable variance of $44,536. While this number may sound encouraging, Mr. Horne reminded the Board in the original budget, the Village had projected a funding deficit of $3,084,000 which would be taken from the Village's fund balance. Hence, the actual amount to be taken from the Village's fund balance for 2009 would be $3,128,737. Mr. Horne gave a report to the Board on the Village's Fund Balance. He noted no single item in a typical state or local government financial statement attracts more attention, discussion, or debate than fund balance. The simple definition of fund balance is assets minus liabilities. He noted the Village's fund balance actually had five different components: non - spendable fund balances which were assets that are practically never converted to cash from the view of the current budget period. He gave receivables in the Waukegan Road TIF District as an example. He also stated some fund balances could be classified as restricted. These are resources that are subject to legal restrictions such as the Village's commuter parking revenue, the Illinois Department of Transportation Motor Fuel Taxes, and E911 Emergency Dispatch. The Village has also committed fund balances which are self - imposed limitations set in place by the Corporate Authorities. An example of that was restrictions placed on the proceeds to be received from the sale of Dempster Street property. Mr. Home also noted the Village has assigned fund balances which are limitations resulting from the intended use of resources. For example, for budget year 2009, the Village assigned over $3 million of fund balance to meet General Fund expenses. Finally, Mr. Horne noted unassigned fund balances are net resources in excess of everything classified above. Mr. Horne then noted the Village's Fund Balance had fluctuated from a low point in 2003 of $3,512,883 to a high point of $10,557,567 in 2007. Mr. Horne noted at the Village's June 2008 Workshop, the Board set a policy of maintaining a 25% fund balance. He then noted the Village's Fund Balance had fluctuated from 2005 to the present between a low of approximately 25% to a high of 45 %. Currently the fund balance was 30 %. However, the Village's unrestricted fund balance had fluctuated between a low of 23 %, the current fund balance, to a high of approximately 45 %. Mr. Home then reported on the Reserves within the Village's Water Fund. He noted the current Fund Balance in this account was $2,267,000 or 40% of the fund's operating expenses. He reminded the Board the Village needed to replace the Dempster Street water main at a cost of $1.5 million and plans were being made to paint the water tower at a cost of $725,000. Mr. Home then reported on Economic Projections. He noted national reports showed June new home sales had increased by 11 % and the supply of homes had decreased from 10.2 months to 8.8 months. He believes increased home sales may be a good predictor of the end of the recession. Mr. Horne then answered questions from the Board and the audience. He then introduced Dan Berg, the Village's Auditor. Mr. Berg reported the Village's Audit Report was currently in typing. The report had been delayed in being finalized, in part, because the Village's Finance Department was short staffed. Recently the Village had hired an Assistant Finance Director who had helped provide documents needed to finalize the audit report. Mr. Berg then discussed the preliminary audit. He did not expect these numbers to change significantly. Mr. Berg noted the Village's statement of net assets as of December 31, 2008, showed total net assets in the amount of $35,893,311 for general governmental activities and $2,591,342 for business type activities (i.e., the Water Fund) for total assets in the amount of $38,484,653. He also noted the Library had total net assets in the amount of $4,736,215. Based on revenues in the Water Department, the Village's business activities had a 5% rate of return. He then reviewed the Village Balance Sheet. He noted the General Fund had a total fund balance of $10,495,039. The Debt Service Fund had a fund balance of $468,461. The Lehigh/Ferris TIF Fund had a total fund balance in the amount of $13,031,365. The Waukegan Road TIF Fund had a negative fund balance in the amount of $1,173,419. Mr. Berg then explained the difference (reconciliation) of Fund Balances of the government funds to the governmental activities in the statement of assets. He noted different accounting methods resulted in different numbers. For example, the modified accrued method is used in the Fund Balance of the government funds. These do not include capital assets used in governmental activities, certain interest for payment that is not yet due, long term liabilities, and unamortized bond premiums. FIe noted based on the Village's audit, the General Fund fund balance decreased by $1.2 million from December 31, 2007, to December 31, 2008. Also, the pension funds were $350,000 short of what the actuarial had recommended. This discrepancy was explained because levies for pensions are always one year behind. The Village's combined pension's lost $5 million in 2008 in market value or a loss of 10 %. While that is disappointing, it is not as bad as what Mr. Berg has seen in other communities. Mr. Berg then answered questions from the Board, and the audience. These questions included whether this year's audit report would have comments. Mr. Berg noted comments from previous years had been cleared up except for the auditor's comment regarding segregation of duties in the Finance Department which was due to the shortage of personnel in that department. He also noted a prior year adjustment due to the receipt of an IRMA deposit had been incorrectly accounted for and this would be corrected. He noted the repayment of certain funds from the Waukegan Road TIP to the General Fund would be correctly noted on the final audit report. A general discussion then ensued regarding advancements to the Lehigh/Ferris TIF District from the General Fund and the repayment of these funds. Finally, a discussion ensued regarding the difference between Moody's calculations and the Auditor's calculation of the Village's fund balance. Mr. Berg stated different methodologies were used and Moody's approach was more focused on the Village's ability to pay debt. There being no further questions, Trustee Marcus moved to adjourn the special meeting. The motion was seconded by Trustee Gomberg and approved unanimously pursuant to a voice at 8:28 pm. Minutes by: Tony S. Kalogerakos a < NOTICE THE VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE HAS CANCELLED THEIR REGULARLY SCHEDULED MEETING OF AUGUST 24, 2009 THE NEXT REGULARLY SCHEDULED MEETING WILL BE HELD AT 7:00 PM ON SEPTEMBER 14, 2009 AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER 6101 CAPULINA AVENUE MORTON GROVE, ILLINOIS Richard T. Flickinger Municipal Center 6101 Capulina Avenue o Morton Grove, Illinois 60053 -2985 Tel: {847) 965 -4100 Fax: (847) 965 -4162 Recycled Paper 11111111 IF,' NOTICE /AGENDA THE VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE WILL HOLD A SPECIAL MEETING AT 9:00 AM, ON SUNDAY, AUGUST 30, 2009 AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER TRUSTEES' CONFERENCE ROOM 6101 CAPULINA AVENUE MORTON GROVE, ILLINOIS I. Call to Order II. Pledge of Allegiance III. Discussion and Examination of the Village's Infrastructure Needs Note: The Board and any interested members of the audience will embark on a bus tour for purposes of this discussion IV. Adjournment Richard T. Flickinger Municipal Center 6101 Carolina Avenue • Morton Grove, Illinois 60053 -2985 Tel: (847) 965 -4100 Fax: (847) 965 -4162 Recycled Paper NOTICE /AGENDA THE VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE WILL HOLD A SPECIAL MEETING AT 7:00 PM, ON WEDNESDAY, SEPTEMBER 2, 2009 AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER TRUSTEES' CONFERENCE ROOM 6101 CAPULINA AVENUE MORTON GROVE, ILLINOIS L Call to Order II. Pledge of Allegiance III. Discussion of Capital Improvements Planning including Streets, Alleys, the Village's Water /Sewer System, and Village Building Needs IV. Adjournment Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053 -2985 Tel: (847) 965 -4100 Fax: (847) 965 -4162 Legislative Summary Resolution 09 -45 AUTHORIZATION TO EXECUTE AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE LEHIGH AVENUE RESURFACING IMPROVEMENT Introduced: August 10, 2009 Synopsis: To authorize the Village President to execute a "Local Agency Agreement For Federal Participation" with the Illinois Department of Transportation for the Lehigh Avenue Resurfacing improvement. Purpose: The agreement between the Village and IDOT is necessary in order to receive the American Recovery and Reinvestment Act (ARRA) funding that was programmed by the North Shore Council of Mayors and place the project on the letting schedule with the State for September 18, 2009. Background: Lehigh Avenue was identified as a federal aid eligible route and in need of resurfacing to improve the driving surface, reduce maintenance costs and extend the useful life of the street. Tire proposed limits of construction are from Oakton Street to Lincoln Avenue. The Village applied for and received ARRA funding through the North Shore Council of Mayors as a Local Area Pavement Preservation Project for construction. This project will be substantially similar to the Austin Avenue, Harlem Avenue and Shermer Road LAPP projects. The total estimated project cost is $473,491, with the Village's share will be $145,491. Resolution 09 -24, passed on April 13, 2009, expressed the Village's willingness to provide its share of these costs for this project. The work is scheduled to begin in May 2010. Programs, Departs Program — Street hnprovement Program or Groups Affected Department - Public Works Department-Engineering Division Groups - Property owners and motorists on Lehigh Avenue Fiscal Impact: Total Estimated Project Cost: $473,491 (Federal: $328,000, Village: $145,491) Source of Funds: Funds are available for this project in the Lehigh - Ferris TIE District Fund Account 4151099- 571029 and the Capital Projects Fund Account #305060 - 553300 Workload Impact: ! The Public Works Department, Engineering Division performs the management and implementation of the program as part of their normal work activities. Administrator Approval as presented. Recommendation: First Reading: Not required Special Considerations None or Requirements: Respectfully submitted: osepjh F.`Wade, Village Administrator Prepared by: Chris R. Tomich, Village Engineer Reviewed by: ge Andy nte , Public Works Director Reviewed by: Teresa Hoffman Liston, Corporation Counsel RESOLUTION 09 -45 AUTHORIZATION TO EXECUTE AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE LEHIGH AVENUE RESURFACING IMPROVEMENT 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 desires to resurface Lehigh Avenue from Oakton Street to Lincoln Avenue to improve the driving surface, reduce maintenance costs and extend the useful life of the pavement; and WHEREAS, the Village of Morton Grove is a member of the North Shore Council of Mayors; and WHEREAS, the Village of Morton Grove has requested the approval of the North Shore Council of Mayors for the use of American Recovery and Reinvestment Act (ARRA) funds for the construction of the improvements to Lehigh Avenue from Oakton Street to Lincoln Avenue; and WHEREAS, the North Shore Council of Mayors as part of the ARRA has programmed funding for the Lehigh Avenue improvements in Federal Fiscal Year 2009; and WHEREAS, cost sharing for this program is 100% Federal up to the maximum programmed amount with the Village providing the balance of actual cost as indicated below: Total Proiect Cost Federal. Village $473,491 $328,000 $145,491 and WHEREAS, sufficient fund's exist in the reserve balance of the Lehigh - Ferris TIF District Fund (Account #151099- 551029) and Commuter Parking Lot Fund (Account #305060 - 553300) to be appropriated in the Village's Fiscal Year 2010 annual budget; and WHEREAS, approval of the attached "Local Agency Agreement for Federal Participation (Attachment 1)" is required for the project to move forward. 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 hereinabove set forth. SECTION 2: The President of the Village of Morton Grove is hereby authorized to execute and the Village Clerk is hereby authorized to attest to the Illinois Department of Transportation Local Agency Agreement for Federal Participation for the Lehigh Avenue Resurfacing Improvement. SECTION 3: The Village Administrator and Village Engineer and/or their designees are hereby authorized to take any and all steps necessary to implement and administer said agreement. SECTION 4: That this Resolution shall be in full force and effect upon its passage and approval. PASSED this IOth day of August 2009. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS I I" DAY OF AUGUST 2009 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This I 1 1" DAY OF August 2009 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Attachment "I" This Agreement is made and entered into between the above local agency hereinafter referred to as the "LA" and the state of Illinois, acting by and through its Department of Transportation, hereinafter referred to as "STATE ". The STATE and LA jointly propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans approved by the STATE and the STATE's policies and procedures approved and /or required by the Federal Highway Administration hereinafter referred to as "FHWA". Location Local Name Lehigh Avenue Route FAU 2788 Length Local Agency Termini Oakton Street to Lincoln Avenue State Contract j Day Labor Local Contract RR Force Account �) Illinois Department Current Jurisdiction Project Description Work consists of milling the full width of the roadway; repairing deteriorated curb and gutter and public utility structures; patching pavement of TranSpOrtabon Village of Morton Grove Division of Cost X Type of Work FHWA % STATE % LA % Total Participating Construction 328,000 ( } ( ) 145,491 ( BAL ) 473,491 Section ) Fund Type ITEP Number Local Agency Agreement ) Right of Way ( ) ( ) ( ) Railroads ( ) ( } ( for Federal Participation 09- 00103 -00 -RS ) ARU TOTAL $ 328,000 $ $ 145,491 $ 473,491 Construction Encinserm NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and Riaht-of-Wa Job Number Project Number I Job Number Project Number Job Number Project Number C -91- 628 -09 ARA- 9003(321) By execution of this Agreement, the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and additional funds will be appropriated, if required, to cover the LA's total cost. This Agreement is made and entered into between the above local agency hereinafter referred to as the "LA" and the state of Illinois, acting by and through its Department of Transportation, hereinafter referred to as "STATE ". The STATE and LA jointly propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans approved by the STATE and the STATE's policies and procedures approved and /or required by the Federal Highway Administration hereinafter referred to as "FHWA". Location Local Name Lehigh Avenue Route FAU 2788 Length 0.774 Mile Termini Oakton Street to Lincoln Avenue LA Existing Structure No NIA Current Jurisdiction Project Description Work consists of milling the full width of the roadway; repairing deteriorated curb and gutter and public utility structures; patching pavement base (as necessary); overlaying pavement with 2 -1/4 inches of hot -mix asphalt; and installing pavement markings. Division of Cost Type of Work FHWA % STATE % LA % Total Participating Construction 328,000 ( } ( ) 145,491 ( BAL ) 473,491 Non - Participating Construction ( ) ( ) ( ) Preliminary Engineering ( ) ( ) ( ) Construction Engineering ( ) ( ) ( ) Right of Way ( ) ( ) ( ) Railroads ( ) ( } ( ) Utilities ( ) ( } ( ) Materials TOTAL $ 328,000 $ $ 145,491 $ 473,491 'Maximum FHWA (ARU) Participation 100% Not to Exceed $328,000.00 NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and State participaflon. The actual costs vr111 be used in the final division of cost for billing and reimbumment. If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above. The Federal share of construction engineering may not exceed 15% of the Federal share of the final construction cost. Local Agency Appropriation By execution of this Agreement, the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and additional funds will be appropriated, if required, to cover the LA's total cost. Method of Financing (State Contract Work) METHOD A- - -Lump Sum (80% of LA Obligation) _ METHOD B - -- Monthly Payments of METHOD C --- LA's Share Balance divided by estimated total cost multiplied by actual proqress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) Printed on 7/2712009 Page 1 of 4 BLR 05310 (Rev. 05/28/09) Agreement Provisions THE LA AGREES: (1) To acquire in its name, or in the name of the state if on the state highway system, all right -of -way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established state policies and procedures. Prior to advertising for bids, the LA shall certify to the STATE that all requirements of Titles II and it of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be cooperatively determined by representatives of the LA, and STATE and the FHWA, If required. (2) To provide for all utility adjustments, and to regulate the use of the right -of -way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems. (3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. (4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, an addendum is required. (5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and FHWA, the completed improvement, or that portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above. (6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. (7) To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department; and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department; and to-- provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. (8) To provide if required, for the improvement of any railroad- highway grade crossing and rail crossing protection within the limits of the proposed improvement. (9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA. (10) (State Contracts Only) That the method of payment designated on page one will be as follows: Method A - Lump Sum Payment. Upon award of the contract for this improvement, the LA will pay to the STATE, in lump sum, an amount equal to 80% of the LA's estimated obligation incurred under this Agreement, and will pay to the STATE the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method B - Monthly Payments. Upon award of the contract for this improvement, the LA will pay to the STATE, a specified amount each month for an estimated period of months, or until 80% of the LA's estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method C - Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the LA will pay to the STATE, an amount equal to the LA's share of the construction cost divided by the estimated total cost, multiplied by the actual payment (appropriately adjusted for nonparticipating costs) made to the contractor until the entire obligation incurred under this Agreement has been paid. (11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding, equipment, labor, material and services necessary to construct the complete project. (12) (Preliminary Engineering) In the event that right -of -way acquisition for, or actual construction of the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which this agreement is executed, the LA will repay the STATE any Federal funds received under the terms of this Agreement. (13) (Right -of -Way Acquisition) In the event that the actual construction of the project on this right -of -way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which this Agreement is executed, the LA will repay the STATE any Federal Funds received under the terms of this Agreement. (14) (Railroad Related Work Only) The estimates and general layout plans for at -grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield, Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission (ICC). Final inspection for railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the [CC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the IDOT's District Bureau of Operations. The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate [DOT District Bureau of Local Roads and Streets office. Engineer's Payment Estimates in accordance with the Division of Cost on page one. Printed on 7127/2009 Page 2 of 4 BLR 05310 (Rev. 05128!09) (15) And certifies to the best of its knowledge and belief its officials: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three -year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, local) with commission of any of the offenses enumerated in item (b) of this certification; and (d) have not within a three-year period preceding the Agreement had one or more public transactions (Federal, State, local) terminated for cause or default. (16) To include the certifications, listed in item 15 above and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. (17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LA's certification that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions; (c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. (19) To regulate parking and traffic in accordance with the approved project report. (20) To regulate encroachments on public right -of -way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. (22) That the LA may invoice the STATE monthly for the FHWA and /or STATE share of the costs incurred forthis phase of the improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment, certified time sheets, vendor invoices, vendor receipts, and other documentation supporting the requested reimbursement amount. (23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed $1,000,000 (five years if the project costs exceed $1,000,000). (24) Upon completion of this phase of the improvement, the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the improvement, the most recent invoice may be considered the final invoice and the obligation of the funds closed. (25) (Single Audit Requirements) That if the LA receives $500,000 or more a year in federal financial assistance they shall have an audit made in accordance with the Office of Management and Budget (OMB) Circular No, A -133. LA's that receive less than $500,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE with 30 days after the completion of the audit, but no later than one year after the end of the LA's fiscal year. The CFDA number for all highway planning and construction activities is 20.205. THE STATE AGREES: (1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LA's certification of compliance with Titles II and III requirements. (2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a satisfactory bid. (3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and to reimburse the LA for that portion of the cost payable from Federal and /or State funds based on the Agreed Unit Prices and Engineer's Payment Estimates in accordance with the Division of Cost on page one. (4) (Local Contracts) That for agreements with Federal and /or State funds in engineering, right -of -way, utility work and /or construction work: Printed on 7127/2009 Page 3 of 4 BLR 05310 (Rev. 05/28/09) (a) To reimburse the LA for the Federal and /or State share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payment by the I (b) To provide independent assurance sampling, to furnish off -site material inspection and testing at sources normally visited by ` STATE inspectors of steel, cement, aggregate, structural steel and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: (1) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal -aid participation or the contract covering the construction work contemplated herein is not awarded within three years of the date of execution of this Agreement. (2) This Agreement shall be binding upon the parties, their successors and assigns. (3) For contracts awarded by the LA, the LA shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any USDOT — assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT — assisted contracts. The LA's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 16 U.S.C. 1001 and /or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 at seq.). In the absence of a USDOT — approved LA DBE Program or on State awarded contracts, this Agreement shall be administered under the provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program. (4) In cases where the STATE is reimbursing the LA, obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein. (5) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and /or amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 at sec.) unless the provisions of that Act exempt its application. ADDENDA Additional information and /or stipulations are hereby attached and identified below as being a part of this Agreement. Number 1 1 ocation Map (insert addendum numbers and titles as applicable) The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement and all addenda indicated above. APPROVED APPROVED State of Illinois Department of Transportation Name Daniel J. Staackmann Title Mayor County Board Chairperson(MayorNillage Presldem /etc. Gary Hannig, Secretary of Transportation Dale Signature By: (Delegate's signature) Date _ (Delegate's Name — Printed) TIN Number NOTE: If signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this agreement is required. Christine M. Reed, Director of Highways /Chief Engineer Date Ellen J. Schanzle- Haskins, Chief Counsel Date Ann L Schneider, Director of Finance and AdminisUafion Date Printed on 7/27/2009 Page 4 of 4 - BLR 05310 (Rev. 05/28109) gm FROM FAU ROUTE 1332 (OAKTON STREET) TO FAU ROUTE 1328 (LINCOLN AVENUE) SECTION: 09- 00103 -00 -RS PROJECT: ARA- 9003(321) VILLAGE OF MORTON GROVE " COOK COUNTY R.13E JOB: C -91- 628-09 4 oe9 n oa a.n ui:Es NE? P56�Ci rCdfiih ' 49F4 fl GT 0.i1 MLES R' TRAFFIC DATA ACT (2008) = 4,650 POSTED SPEED 35 MPH DESIGN SPEED 35 MPH FUNCTIONAL CLASSIFICATION; COLLECTOR (URBAN) i f : M4F tense VxUJ[Q i ¢ix Legislative Summary Ordinance 09 -14 AN ORDINANCE GRANTING AN ADDITIONAL AMENDMENT TO THE SPECIAL USE PERMIT FOR THE PROPERTY LOCATED AT 8710 FERRIS AND 8701 LINCOLN AVENUE FOR A PLANNED UNIT DEVELOPMENT IN THE VILLAGE OF MORTON GROVE Introduced: July 27, 2009 Synopsis: This ordinance will grant an amendment to the special use permit for the property located at 8710 Ferris and 8701 Lincoln Avenue to allow the unit mix to be reduced to 64 units. Purpose: The Unified Development Code requires an amendment to a special use permit when revisions are made to Planned Unit Developments. Background: In 2005, pursuant to Ordinance 05 -28, the Corporate Authorities approved a special use permit for a Planned Unit Development at 8710 Ferris and 8701 Lincoln Avenue for the construction of 65 town homes. In 2007, at the request of the owners, Toll Brothers, Inc., and pursuant to Ordinance 07 -07, the Village approved an amendment to the special use permit to reduce the number of units from 65 to 64 and to change the mix of the style of the units. Ordinance 09 -10 granted an amendment to the special use permit which would change the unit mix back to the 65 town homes approved in the original Planned Unit Development. Now Toll Brothers wishes to change the unit mix in another portion of the site which will reduce the unit mix to 64 units again. Pursuant to the Unified Development Code adopted pursuant to Ordinance 07 -07, such minor changes all allowed without the need of going through a full formal Plan Commission process, so long as the amendment has been approved by the Village Administrator, Corporation Counsel, Building Commissioner, and Plan Commission Chairperson. All these officials have approved the proposed amendment. Approval of this ordinance will formally grant an additional amendment to the special use permit granted pursuant to Ordinance 05 -28. Programs, Departments Building and Inspectional Services; Village Planner; Village Engineer or Groups Affected Fiscal Impact: N/A Source of Funds: N/A Workload Impact: The special use amendment was processed by the Building Commissioner, Village Engineer, and Village Planner pursuant to the normal course of business. Admin Recommendation: Approval as presented. Second Reading: Required Special Considerations or None "requirements: - �espeetfullysubmitted: i doseg Xlvi a _ Village Administrator Prepared by: c Reviewed by _ r�Buil Teresa Hof�m 5 on, Corporation Counsel P Hildebran , ing Commissioner AN ORDINANCE GRANTING AN ADDITIONAL AMENDMENT TO THE SPECIAL USE PERMIT FOR THE PROPERTY LOCATED AT 8710 FERRIS AND 8701 LINCOLN AVENUE FOR A PLANNED UNIT DEVELOPMENT IN THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove, located in Cook County, Illinois, is a Home Rule unit of government and under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, and as such can exercise any power and perform any function pertaining to its govermment affairs, including but not limited to, the power to tax and incur debt; and WHEREAS, the applicant, Toll Brothers, Inc. located at 1153 West Dundee Road, Arlington Heights, Illinois 60043 was granted pursuant to Ordinance 05 -28 a special use permit in the Village of Morton Grove approving a Planned Unit Development for that property known as 8710 Ferris Avenue and _ 8701 Lincoln Avenue for the development and construction of 65 town houses on or about May 23, 2005; ITeral WHEREAS, on October 8, 2007, pursuant to Ordinance 07 -27, Toll Brothers, Inc. was granted an amendment to its special use permit to reduce the total units of town homes from 65 to 64, and to approve minor changes to the mix of unit types; and WHEREAS, on June 23, 2009, pursuant to Ordinance 09 -10 that unit mix was changed back to the original site plan to sixty -five units; and WHEREAS, the applicant, Toll Brothers, Inc. has made a proper application to the Village of Morton Grove for another minor amendment to the Planned Unit Development to change another portion of the site plan which would again reduce the number of units from 65 to 64 units of town homes pursuant to the site plan attached as Exhibit "A"; 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 and allows said minor amendments to be made without a formal grant permission 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 this proposed amendment and have found the proposed site plan changes meet the standards for the abbreviated procedure; and WHEREAS, the property is zoned in the CR "Residential District" pursuant to the provisions of the Village of Morton Grove Unified Development Code; and WHEREAS, pursuant to the provisions of the Village of Morton Grove Unified Development Code, the Corporate Authorities have determined the proposed amendment to the special use shall be approved subject to 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 Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth. SECTION 2: The property located at 8710 Ferris Avenue and 8701 Lincoln Avenue, Morton Grove, Illinois is hereby granted an amendment to the special use permit for a Planned Unit Development as follows: 1. The proposed planned unit development shall be constructed in accordance with the site plan and elevations plan as originally approved in Ordinance 05 -08 but amended to change that portion of the site plan and elevation as shown in Exhibit "A" and Exhibit `B" from two "D" units and six "B" units to seven "B" units. 2. A revised landscape plan be reviewed and approved by the Appearance Commission which provides additional landscaping in the open area south of the proposed units and be successfully integrated with the approved landscape plan dated April 13, 2005. 3. Except as inconsistent with this amendment, all other provisions of Ordinance 05 -28 will remain in full force and effect. 4. The special use as amended is granted so long as the occupant, and users of this property utilize the property for the purposes as herein designated. SECTION 3: The owners, lessees, and occupants of 8710 Ferris Avenue and 8701 Lincoln Avenue their successors and assigns shall allow employees and authorized agents of the Village of Morton Grove access to the premise at all reasonable times for the purpose of inspecting said premise to verify all terms and conditions of the special use permit, as amended, have been met. SECTION 4: The Village Clerk is hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to show and designate the special use permit as amended hereunder. SECTION 5: The Applicant /Owner shall comply with all applicable requirements of the Village of Morton Grove Ordinances and Codes. SECTION 6: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. 2 PASSED this l Oth day of August 2009. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED by me this I Or" day of August 2009. APPROVED and FILED in my office this 1 Its' day of August 2009. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Daniel J. 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