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Home My WebLink About2009-09-14 AgendaAGENDA VILLAGE OF MORTON GROVE MEETING OF THE BOARD OF TRUSTEES TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER September 14, 2009 Meeting 7:00 pm 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 5. 6. 7. 8. Approval of Minutes — Public Hearings Special Reports Regular Meeting — August 10, 2009 Special Meeting — August 30, 2009 Special Meeting— September 2, 2009 a. Swearing in Ceremony of New Deputy Police Chiefs — Norman Stromberg and Brian Fennelly Resident's Comments (agenda items only) President's Report — Administration, Northwest Municipal Conference, Council ofMayors, TIF Committee, Capital Projects, Real Estate Committee a. b. C. d. e. f. Proclamation — Live United Week — September 21, 2009 Proclamation — Fire Prevention Week— October 4 -10, 2009 Proclamation — Jerusalem Lutheran School Day — October 10, 2009 Proclamation — American Legion Day— September 16, 2009 Proclamation — Kappy's Restaurant and Pancake House 3& Am7iversary —Fall 2009 Reappointments — James Quinn and Paul Minx to the Fire Pension Board 9. Clerk's Report— Legal, Cable and Telecommunications Commission a. Approval of Executive Session Minutes b. Release of Executive Session Minutes C. Destruction of Tapes of Executive Sessions as Authorized by the Illinois Open Meetings Act 10. Staff Reports a. Village Administrator 1) Amouncement of an Informational Meeting to be, Held at 7:00 pm on September 30, 2009, Regarding Residential Solid Waste /Recycling Services Contract and Consideration of Commercial Solid Waste Franchise at the Richard T. Flickinger Municipal Center 2) Announcement of the September 28 Village Board Meeting Cancellation in Observance of Yom Kippur. 3) Announcement of 2010 Budget Workshops: 7:00 p.m., September 23 7:00 p.m., October 5 7:00 p.m., October 19 4) Announcement of Golf Road Closure For Reconstruction of Matra Bridge, 6:30 p.m., September 18 to 6:00 a.m., September 21, 2009 b. Corporation Counsel 11. Reports by Trustees a. Trustee DiAlaria — 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) 1) Resolution 09 -46 (Introduced September 14, 2009) Authorizing Staff to Proceed with Necessary Work to Refinance Municipal Bond Obligation Series 2002 2) Ordinance 09 -15 (Introduced September 14, 2009) An Ordinance Providing for the Issuance of Taxable General Obligation Refunding Bonds, Series 2009A, of the Village Authorizing the Execution of an Escrow Agreement in Comeection Therewith and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on Said Bonds 3) Ordinance 09 -16 (Introduced September 14, 2009) Amending Various Municipal Code Sections Pertaining to Fines and Fees Including 1-4 -2, 1 -4 -3, 1 -5 -4, 4- 12L -14, 4- 17G -7, 7 -10 -6, 8 -3 -3, 8 -9 -7, 12- 14 -16, and 12 -16 -6 C. Trustee Grear — Fire Department, Emergency Management Agency, RED Center, NIPSTA, Police and Fire Commission (Trustee DiMaria) 11. Reports by Trustees (continued) 1) Resolution 09 -47 (Introduced September 14, 2009) Authorizing the Execution of an Intergovernmental Agreement between the Village of Skokie, the Village of Niles, and the Village of Morton Grove for Mutual Aid Ambulance Billing 2) Ordinance 09 -19 (Introduced September 14, 2009) Amending Title 9, Chapter 2, Section 2 of the Village of Morton Grove Municipal Code Entitled "Automatic Fire Extinguishment" d. Trustee Marcus — Family and Senior Services Department, Police Department, Environmental Health, Police and Fire Commission, IT Communications, Chamber of Commerce (Trustee Gomberg) 1) Resolution 09 -48 (batroducedSeptember 14, 2009) Authorizing the Annual Veterans Day Parade 2) Ordinance 09 -17 (Introduced September 14, 2009) Amending Title 5, Chapter 1, of the Municipal Code Entitled "Traffic Administration and Enforcement" 3) Ordinance 09 -18 (Introduced September 14, 2009) Amending Title 5, Chapter 5, Section 16 of the Municipal Code Entitled "Railroad Crossing Regulations" 4) Resolution 09 -53 (Introduced September 14, 2009) Authorization for the Disposition of Unclaimed Bicycles Recovered by the Morton Grove Police Department e. Trustee Thill — Public Works, Capital Projects, Traffic Safety Commission, Natural Resource Commission, Solid Waste Agency of Northern Cook County, Advisory Commission on Aging (Trustee Marcus) 1) Resolution 09 -50 (Introduced September 14, 2009) Authorization to Purchase 4,500 Tons of Roadway Salt 2) Resolution 09 -51 (Introduced September 14, 2009) Authorizing the Sale of Surplus Personal Property Owned by the Village 3) Ordinance 09 -21 (Introduced September 14, 2009) Amending Title 5, Chapter 8, Section 7 Entitled "Load Restriction Weight Limits ", and Title 5, Chapter 13h, Section 1 Formally Entitled "Streets With Load Limits" Now Entitled "Truck Routes" of the Municipal Code of the Village of Morton Grove to Modify Restrictions on Heavy Vehicles on Village Streets Trustee Toth — Building Department, Appearance Commission, Capital Projects, Plan Commission /Zoning Board ofAppeals (Trustee Grear) 1) Resolution 09 -52 (Introduced September 14, 2009) Authorization to Execute a Contract with International Piping Systems, Inc. for the Maintenance of Heating and Air Conditioning Equipment 2) Ordinance 09 -22 (Introduced September 14, 2009) Granting an Amendment to the Special Use Permit for the Property Commonly Known as 8425 Waukegan Road (Bethany Terrace) for the Second Story Addition and Reconstruction in the Village 3) Resolution 09 -54 (Introduced September^ 14, 2009) Authorizing the Appointment of Delegates to the Northwest Municipal Conference 12, Other Business 13. Presentation of Warrants - $1,090,649.09 14. Resident Comments 15. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate 16. Adjournment -To ensure full accessibility and equal participation for all interested citizens, individuals with disabilities who plan to attend and who require certain accommodations in order to observe and/or participate in this nxeeting, or who have questions regarding the accessibility of these facilities, are requested to contact Susan or Marlene (8471470-5220) promptly to allow the Village to make reasonable accommodations. • •ter � � s Village President Daniel J. Staackmann called the meeting to order at 7:00 p.m. After leading the assemblage in the Pledge of Allegiance, he directed the Village Clerk to call the roll. III. ROLL CALL Village Clerk Tony Kalogerakos called the roll. Present were: Trustees Dan DiMaria, Larry Gomberg, Bill Grear, Shel Marcus, John Thill and Maria Toth. _. IV. APPROVAL OF MINUTES Regarding the minutes of the July 27, 2009, special meeting, Trustee Dimaria moved, sec- onded by Trustee Thill, to approve the minutes as presented. There was no discussion. Motion passed unanimously via voice vote. Regarding the minutes of the July 27, 2009, regular meeting, Trustee Toth moved, seconded by Trustee DiMaria, to accept the minutes as presented. Trustee Gomberg stated on page one, under approval of minutes, the second paragraph, "Motion passed unanimously via voice vote" should be added. There being no additional changes, Mayor Staackmann called for the vote. Motion passed unanimously via voice vote. Regarding the minutes of the July 285 2009, special meeting, Trustee DiMaria moved, sec- onded by Trustee Marcus, to approve the minutes as presented. There was no discussion. Motion passed unanimously via voice vote. V. PUBLIC HEARINGS NONE VI. SPECIAL REPORTS VII. RESIDENTS' COMMENTS (Agenda Items Only) VIII. NONE PRESIDENT'S REPORT$. Mayor Staackmann had no formal report. He did state he attended an orientation at Red _— Center and was amazed at the technology. "t4410:2 0.4Boal't4MClet 1) Mr, Wade announced the regular meeting of the Village Board of Trustees to be held on August 247 2009, will be cancelled. The next regular meeting will be held on September 14, 2009; 2) Mr. Wade announced a special meeting would to be held at 9:00 am on Sun - day, August 30, 2009, to examine the Village's infrastructure needs. This bus tour will begin at Village Hall and will examine infrastructure needs such as a rail walk, rail re- alignment at Lehigh and Lincoln, and the movement of the Matra rail yard, among other items. Included with the other Village dignitaries will be Representative DiAmico and Representative Lang. The public was also invited to attend. 3) Mr. Wade announced a special meeting would be held at 7:00 pm on Wednes- day,September 2, 2009,, in the Trustees' Conference Room. This special meeting will -focus on capital improvements and address Village streets and alleys, the water /sewer system, and Village building needs. b. - Corooration Counsel Corporation Counsel had no formal report. X1. REPORTS BY TRUSTEES a. , Trustee DiMaria Trustee DlMaria had no formal report. b. Trustee Gomberg Trustee Gomberg had no formal report. He did state a Condominium Association meeting would be held at 7:00 pm on September 23, 2009, in the Council Chambers. He has been notifying the individual condominiums and is looking forward to this upcoming meeting. C. Trustee Grear Trustee Grear had nofpr;mal report. He stated he also went to Red Center with the Mayor and found it very interesting. Trustee Grear also thanked John Hill and the members from the Emergency Management Agency for volunteering their time to film all the various meetings. He also thanked the Department Directors for their extensive knowledge and ex- pertise. a ,dYM "Srut[{"k d......, Trustee Marcus Trustee Marcus had no formal report. He stated with the onset of the hot weather tnat ' the Village and Park District have opened cooling centers during the day to anyone who wishes to use there, The Civic Center and Prairie View Community Center were both open this.weetkend He aisb reminded residents to check on their neighbors, particularly those who are elderly to make sure everyone is ok during the not and muggy days ahead. e 'Trustee Thill 1) Trustee Thill presented Resolution 09-45; Authorizing an Agreement with the Illinois Department of Transportation for the Lehigh Avenue Resurfacing Improve- ment from Oakton to Lincoln Avenue. Trustee Thill stated this agreement is necessary in order for the Village to receive the American Recovery and Reinvestment Act Funding in the amount of $328,000. Resolution 09 -24 has already been approved by the Board which ex- pre ssed the Village's willingness to participate and provide its share of the project, which to t als $145,491. He noted this project will be very similar to the Austin Avenue, Harlem Avenue, and 5hermer Road LAPP projects which have been recently completed. Sufficient funds are anticipated to. be available in the 2010 Fiscal Year Budget in the Lehigh /Ferris TIF Fund and the Capital Projects Fund to cover the Village's portion of the project ($145,491). There was no discussion. Trustee Thill moved, seconded by Trustee Marcus, to approve Resolution 09 -45. Motion passed: 6 ayes, 0 nays. Tr. DiMaria ave Tr. Gomberg ML Tr. Grear aye Tr. Marcus aye Tr. Thill aye Tr. Toth afire_ Trustee Thill stated the Ice Cream Social held at the Civic Center this weekend was a huge success. He thanked everyone involved for helping with this well attended event. f. Trustee To 1) Trustee Toth presented for a second read Ordinance 09 -145 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. Trustee Toth stated this Ordi- nance will allow the unit, mix for this town,home development to be reduced to 64 units. Ordi- nance 09 -40 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, There was no discussion. Trustee Toth moved, seconded by Trustee Thill, to approve Ordinance 09 -14. Motion passeda 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg pye Tr, Grear ay Tr. Marcus a2 Tr. Thili Tr. Toth Rye Trustee Toth thanked staff for updating the committee /commission /board section or the web site. She also encouraged anyone interested in serving on a board to please send their re- sume to the Mayor for review and consideration. 3 "�9 `i��re� o-� s ,s "�' :,��. �, .ofd: RS., a � ,:. mY�'SN� , w. www +9.Y,." r. �d� Xll" OTHER BUSINESS If NONE , Xlil. If I YUAraNTS, If I Trustee Gdrnberg. presented -the Warrant Register for August 10, 2009, in the amount of $474,552.57. Fie moved f accept the Warrants, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays, .. Tr. DI;MaNsC Tir:Gotribefg- "" aye Tr. Grear ake Tr; Marcus :i aye f f,Tr1jhJl1 , aye Tr. Toth aye XIV. RESIDENTS' COMMENTS Christina Otte. Ms. Otte stated she is spearheading committee regarding the previously discussed Farmer's Market. A meeting has been 'planned for 7:00 pm on August 27, 2009, in the "Trustees Conference Room. She invited anyone interested to attend. Rudy Fe tundzic, 7626 Lake. Mr" Furundzic stated he came to the meeting this evening to get the answers to his questions. Mayor Staackmann stated the Village is working on a com- prehensive plan for the sewer system and flooding, and anticipated that document being ready during :the first quarter of 2010. Mr'. Furundzic stated he was a mechanical engineer and all he wanted was a logical explanation to his concerns. David Conrad, 5747 Gapulina. 'Mr: Conrad expressed his dismay over the use of the Muslim Education Center. He felt they were in violation of the special use permit and wanted the Vil- [age Board to convene a hearing and revoke their special use permit. Mr. Conrad stated this membership has grown to 2,500 participants and the street parking has become more prob- lematic. Trustee DiMaria asked Mr. Conrad to leave his list of complaints and violations against the special use. Mayor Staackmann :acknowledged he received Mr. Conrad's e-mail. Mayor Staackrnann stated he and Trustee Comberg have been working with the MEG. He is not at liberty to dis- cuss those :conversations at this;time;, and fie asked for Mr. Conrad's patience as this problem . is worked out: I If XV& ADJOURNMENT /EXECUTIVE SESSION XVi. There being: no further. business; "Frustee DlMaria moved to adjourn to Executive Session to discuss personnel, collective bargaining negotiations, the purchase and sale of real estate, and pending litigation. Trustee Marcus seconded the motion. Motion passed: 6 ayes, 0 nays. Tr, iDiMana UaR Tr. Gomberg aye Tr. Grear aye Tr: Marcus, aya Tr..Thill aye Tr. Toth ayq r! �Tn<•�,�Kd 1 1e; ” "'. Ia ' j 1'.BY'a'i p. ... .. m.. . _..z,. Yrf�'. tiA'W.ko, ,:. �(t't ti, ..xn „rl I,.` - r„ .. ,..,, .,. ,,. .� .A9904 The Boards :Meeting.adljourrned to Executive Session at 7:29 pm. Following the Executive Session Trustee DiMaria moved to adjourn the Regular Board Meet- ing, seconded by Trustee "Thili. The motion passed unanimously via voice vote. The Board Meeting adjojm d at 9:02 pm. PASSED this 14th day of September 2009. Trustee DiMaria Trustee Gomberg Trustee'Grear Trustee Marcus Trustee 'Ttill Trustee Toth - APPROVED by me this 14th day of September 2009. :q iel J Staackmann, Village President Board of Trustees, Morton Grove, Illinois Tony S. Kalogerakos, Village Clerk Village of Morton Grove, Cook County, Illinois - � - Mout,Ps ay: Susan Lattanzi i 5 MINUTES OF THE AUGUST 30, 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 9:00 am by Village President Daniel J. Staackmann who led the assemblage in the Pledge of Allegiance. Clerk Kalogerakos called the roll. In attendance were: Elected Officials: President Daniel Staackmann, Trustees Dan DiMaria, Larry Gomberg, William Grear, John Thill, and Maria Toth, and Village Clerk Tony Kalogerakos Absent Trustee Sheldon Marcus Village Staff: Village Administrator Joseph F. Wade, Corporation Counsel Teresa Hoffman Liston, Finance Director /Treasurer Ryan Home, Fire Chief Tom Friel, Police Chief Mark Erickson, Building Commissioner Ed Hildebrandt, Community and Economic Development Director Bill Neuendorf, Public Works Director Andy DeMonte, Family and Senior Services Director Jackie Walker- O'Keefe, Network Administrator Boyle Wong, Public Works Street. Superintendent Paul Tobin, Village Engineer Chris Tomich, and Public Works Landscape Superintendent John Mitchell Also Present: State Senator Ira Silverstein, State Representative John D'Amico, David Davis from U.S. Representative Jan Schakowsky's office, several members of the press, five members from the Village of Morton Grove EMA, and approximately five residents President Staackmann stated the purpose of this meeting was to conduct abus tour to examine the Village's infrastructure needs. Trustee Grear moved to adjourn to the buses waiting in the parking lot and begin the tour. The motion was seconded by Trustee Thill and approved unanimously pursuant to a voice vote at 9:01 pm. The Trustees and the assemblage boarded two buses. The bps traveled to and stopped at the Village of Morton Grove train station. Mr. Wade stated the train station area was the cornerstone of Village improvements within the Lehigh/Ferris TIF District. Plans include the realignment of the Metra crossing which currently has sharp angles and presents a potential hazard for bicyclists and pedestrians. The Village also is interested in improving the area with a fountain and other "hardscape" in order to spur economic development. Currently there are 1,000 people who board the Metra train in the Village of Morton Grove each day and this number is trending upward. The Village had applied for a $2.5 million grant with the help of Representative Schakowsky's office for the purpose of improving the rail crossing in this area. The Village also is considering plans to construct a parking garage for 140 — 170 cars. The Village has applied for a $4.2 million grant, also with the help of Representative Schakowsky's office. The Village has assembled sites in this area which would be conducive to this parking facility. The parking facility and other improvements within the area may help spur economic growth and attract restaurants, and additional commercial uses, as well as residential housing. Mr. Wade also showed the assemblage the current Metra rail yard. This rail yard was established when this area was mostly industrial. With the transition of this area to residential, the yard needs to be moved. Metra will require the Village to pay for the cost to relocate this yard. The Village is also considering plans for a rail -walk from Dempster Street to the train station. This and other Village planned improvements may be impacted if the federal government's plans for a high speed rail line are implemented in this area. Mr. Wade then stated a private development on the site immediately north of the train station is in the works and expects this site to be developed within the next two years. Mr. Wade concluded by thanking our local representatives for their interest in this area and their assistance in securing grants and necessary state and federal support for these projects. The assemblage then reboarded the buses and traveled to the 5800 block of Dempster Street. Mr. Wade noted Dempster Street has daily traffic of about 40,000. Left hand turns are difficult and there are approximately 200 annual accidents from Central Avenueto the Metra tracks. While these accidents are typically minor, the State of Illinois would like to install a center turning lane to improve traffic flow and reduce accidents. The construction of these lanes will eliminate most on- street parking on Dempster Street. The Village, several years ago, initiated a program to install additional parking both within existing parkways and on lots purchased for the Village. Mayor Staackmann and Mr. Wade thanked the Village's Legislators for their support in acquiring grants for these acquisitions. Dempster Street improvements are expected to begin in 2010. Mr. Wade and Village Engineer Chris Tomich then walked the assemblage to the public alley immediately south of the site. Mr. Tomich noted this alley is indicative of commercial alleys behind Dempster Street. The Village has been trying to keep up with these alleys and compared to Waukegan Road their condition is good. Especially during the 2010 construction, these alleys will become an important means to transverse Dempster Street and access parking behind the Dempster Street stores. Mr. Tomich then invited the assemblage to walk approximately one block to the east to the intersection of Marmora and Carol Street. Mr. Tomich noted this is a good example of the state of the Village's concrete streets. The street remains drivable while certain imperfections can be seen. Concrete streets are more expensive to install than asphalt streets. They deteriorate at a slower rate than asphalt but when the street fails it is more practical to replace an entire street rather than to patch. The Village's goal is to improve all streets to an at least satisfactory rating. The intersection at Mannora and Carol can be maintained at a satisfactory level for an additional five to seven years. Mr. Tomich also noted, it is important to coordinate repairs and replacement of sewers and water mains so this work can be done concurrently. Usually, replacing sewers while replacing streets doubles the Village's cost. The assemblage then reboarded the buses and traveled to the intersection of Oriole and Greenwood. This intersection is an example of an asphalt street. This street is in poor condition north of the intersection and the condition south of the intersection changes into the next block. The Village has several options as to how to address these streets including an entire reconstruction, a patch, or an edge grinding and patch. Edge grinding is an efficient solution but may not be aesthetically acceptable to some residents. The assemblage walked one block north to the intersection of Oriole and Churchill. Mr. Tornich advised this is an example of micro - resurfacing. The Village utilized this procedure up through 2004. Micro - resurfacing lasts for approximately seven years and then wears away. In the future it may be another method to consider saving the Village money. The assemblage reboarded the buses and traveled to the intersection of Emerson and Waukegan. Mr. Tomich walked with the assemblage down the alley immediately west of Waukegan. The alley is in failed shape. Mr. Tomich said it may be more cost effective in the long run to replace these alleys with concrete. Concrete is more expensive but more durable. The assemblage then reboarded the buses and traveled to the Village's north water tower and pumping station. A general discussion ensued about painting the water tower which showed some signs of rust. Mr. DeMonte gave the assemblage a tour of the pumping station. He pointed out the Village had pumps that were over 50 years old. While they serve the Village well, they were not energy efficient. Mr. DeMonte also stated the Village was considering replacing water meters. Many were twenty years old and the accuracy was in question. Replacing the water meters with new technology would provide for a more efficient means of billing and the Village may consider monthly billing to assist residents with budget purposes. Mr. DeMonte displayed an example of a failed water main. He also showed an example of a sewer lining system which saves trees, time, and money. There being no further questions, the assemblage reboarded the buses and traveled back to Village Hall. Trustees Grear and DiMaria thanked the assemblage including Village staff for their participation in this tour. Trustee Great then moved to adjourn the special meeting. The motion was seconded by Trustee Toth and approved unanimously pursuant to a voice at 11:21 pm. Minutes by: Tony S. Kalogerakos MINUTES OF THE SEPTEMBER 2, 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 7:05 pm by Village President Daniel J. Staackmann who led the assemblage in the Pledge of Allegiance. Clerk Kalogerakos called the roll. In attendance were: Elected Officials: President Daniel Staackmarm, Trustees Dan DiMaria, Larry Gomberg, William Grear, Sheldon Marcus, John Thill, and Maria Toth, and Village Cleric Tony Kalogerakos Absent None Village Staff: Village Administrator Joseph F. Wade, Corporation Counsel Teresa Hoffinan Liston, Finance Director /Treasurer Ryan Home, Fire Chief Tom Friel, Police Chief Mark Erickson, Building Commissioner Ed Hildebrandt, Community and Economic Development Director Bill Neuendorf, Public Works Director Andy DeMonte, Family and Senior Services Director Jackie Walker - O'Keefe, Network Administrator Boyle Wong, Public Works Street Superintendent Paul Tobin, Village Engineer Chris Tomich, and Public Works Superintendent Joe Dalnn Also Present: Members of the press, members from the Village of Morton Grove EMA, and approximately ten residents President Staacknnarm stated the purpose of this meeting was to review the Village of Morton Grove's capital project needs during the next five years. Mr. Wade than stated that during this evening's presentation various department heads and management, personnel of the Village would present priority capital projects of the Village summarized by the year the project was expected to take place, a description of the project, the Village's prioritization of the project, and its funding source and estimated cost. Public Works Director Andy DeMonte then reported on various Public Works projects. They included: 1. Ferris Avenue Water Main Project. This project would take place in the year 2010, and would replace an eight inch water main with a sixteen inch water main located on Ferris Avenue in order to increase the water capacity and fire flow in this neighborhood. The fund would be paid for by the Lehigh/Ferris Tax Increment Financing District at an estimated cost of $443,229.00 2. Mr. DeMonte stated the Village also plarmed to replace the water main on Dempster Street from Central Avenue to Narragansett Avenue in the year 2010 at a total cost of $1, 400,000.00. Fifty -three percent of these funds would come from the Enterprise Fund which is a fund supported by water billing, and forty -seven percent from the Village's Lehigh/Ferris TIF District Fund. 3. Mr. DeMonte also stated the Village also planned in 2010 to relocate a twenty inch water feeder which supplies water to the Village's two million gallon tank reservoir at the north pumping station at ai anticipated total cost of $230,000. Approximately one hundred twenty feet of this feeder is located between existing houses. The Village desires to reroute the feeder underneath Belleforte Avenue and an alley which will eliminate anticipated problems with future repairs. The total length of the reroute is estimated at four hundred feet. 4. Mr. DeMonte stated in 2010 and 2011 the Village planned to upgrade its supervisory control and data acquisition (SCADA) which monitors and controls various operations at both pumping stations at an anticipated total cost of $110,261. Modern technology upgrades are needed for safe and reliable pumping operations. 5. Mr. Joe Dahm, Public Works Superintendent, advised the Board that the Village also planned a valve replacement program from 2010 through 2014, at a total cost of $328,000.00 to be paid for in the Enterprise Fund. Mr. Dalun noted that the Village has one thousand fifty valves. Over the next five years, twenty -five needed to be replaced. The Village replaces in -house valves up to a ten inch size. Valves that cannot be repaired in -house need to be replaced by outside contractors. 6. Mr. Dahm noted that the Village planned on replacing the twelve inch and twenty inch water mains that cross under the river between Caldwell Avenue and Natchez Avenue in the Cook County Forest Preserve. Mr. Dalnn noted that the Village has experienced several leaks within these water mains and has serious concerns for the condition of the mains under the river. This project is expected to take place in 2010 at a cost of $700,000.00 to be paid for through the Enterprise Fund. 7. Mr. Dahm also reported on Village plans to replace water mains along twelve different streets between 2012 and 2014 at a total cost of $3,478,831.00 to be paid for through the Enterprise Fund. The replacement of these water mains has been recommended by the Village's consultant, Consoer Townsend Envirodyne Engineers, Inc. In order to connect deficiencies such as high or low operating pressures, insufficient fire flows, poor water quality, or inadequate velocity. 8. Mr. Dahm also reported on pump replacement projects to take place between 2012 and 2013 at a cost of $390,000.00. This program would replace two pumps that are over fifty -five years old. Replacement of the pumps will increase electrical efficiency and cut electrical costs. Further it is becoming harder to find qualified technicians to work on this aging equipment. 9. Mr. Dahm also reported on the replacement of a north station influent valve in the year 2014 at a cost of $44,574.00 to be paid for through the Enterprise Fund. This project will replace a sixteen inch inlet valve on reservoir number 2 at the north pumping station and has been mandated by the City of Chicago to study the rate of water filling the Village reservoir tanks. 10. Mr. Dahm also reported in the year 2010 the Village plans on painting the north water tower at cost of $367,000.00 to be paid through the Enterprise Fund. The tower was last painted in 1996. During the process the tank will be out of service for forty -five to sixty days. 11. Mr. Dahm also noted in the year 2011 the Village will also paint the south water tower at a cost of $372,907.00 to be paid for through the Enterprise Fund. 12, Mr. Dalmn noted that the Village plans in the years 2010 through 2012 to replace all water meters throughout the Village at a cost of $2,587,197.00 to be paid through the Enterprise Fund. The present average age of water meters in the Village is twenty -six years old. It is estimated that the Village looses fourteen percent of water it receives as a result of aged meters. These meters will also allow for a radio read system which will reduce the man hours needed to read meters from twenty -five days to approximately five days. Mr. DeMonte estimated that the Village would retrieve its investment in the water meter replacements in approximate 4.8 years. He also stated that the new meters would allow the Village to move to a monthly billing cycle which would make budgeting easier for residents. 13. Mr. Dahm then advised the Board in 2010 the Village planned on spending approximately $574,740.00 to line various storm and sanitary sewers within the Lehigh/Ferris TIF District. Sewer lining is a cost efficient way to rehabilitate sewers and increase their life expectancy from twenty -five to fifty years. This process also reduces costs, destruction of trees, driveways, and resident inconvenience. 14. Mr. Dahm stated that from 2010 to 1014 the Village plans to line various sewers throughout the Village at a cost of $1,061,827.00. 15. Mr. Dalun noted that in 2010 the Village plans to undertake a west basin sewer study at a cost of $35,000.00 to analyze the hydraulic grade line for the existing drainage system to better determine what storm events causes the overflow of drainage structures at the intersection of Lake Street and Oriole Avenue. After analyzing the existing storm sewers, proposed improvements will be considered. 16. Division Superintendent Paul Tobin reported in the year 2010, the Village planned to replace the diesel and gasoline at the Public Works facility at a cost of $29,000.00 to be paid from the General Fund. 17, Mr. Tobin also noted that in 2011, the Village plans to replace the gasoline tanks sump and - tank monitoring equipment at a cost of $14,000.00. 18. Mr. Tobin noted that from 2010 through 2014, the Village will replace various municipal vehicles at a cost of $1,250,000.00. Staff is recommending that the Village allot $250,000.00 per year towards the replacement of vehicles in the Public Works, Police Department, Fire Department, and Village Hall. The average age of the current fleet is twelve years old with the oldest vehicle being built in 1972. The aging fleet is increasingly burdensome for the maintenance division. 19. The vehicle replacement program for the Enterprise Fund, this replacement will be paid for through the Village's Enterprise Fund and will begin a replacement program to maintain the equipment that serves as the Village's water and sewer infrastructure at an anticipated total five year cost of $650,000. 20. Village Engineer Chris Tomich then reported on the Village's Asphalt Street Improvement Program to take place between the years 2010 through 2014 at various locations throughout the Village at a total cost of $11,325,000.00. Mr. Tomich noted that the Village undertook an asphalt street inventory of seventy centerline miles of street. Approximately thirty miles are below a pavement condition rated satisfactory. The goal of the Village is to get as many streets in good condition as quickly as possible and then keep them in good condition. The Village's current strategy is that the street's that need to be reconstructed last in order to be "save streets that can be saved." The Village is also applying for Federal funds for these resurfacing projects, and funds may be available from the Lehigh/Ferris TIF District for streets within that district. Mr. Tomich noted that concrete streets also needed to be replaced, but these streets would be replaced last due to the cost of repair, and a determination that concrete streets generally last longer than asphalt streets. 21. Mr. Tomich then reported on the Village's Commercial Alley Improvement Program to take place between years 2010 and 2014 at a cost of $2,500,000.00 to be paid for through the General Fund. This prograrn will replace failed alleys mostly along Waukegan Road and some along Dempster Street. Businesses and staff have expressed a preference for concrete alleys which provide a higher surface level and support increased usage. Mr. Tomich also noted that Dempster Sheet improvements are being considered. The total prefmal cost for this project is $6,100,000.00 which includes the cost for the water main replacement. The Village is pursuing many funding sources for this project. 22. Building Commissioner Ed Hildebrandt reported that in 2010 the Village plans a Lighting and Fan Improvement Project in the Public Works garage at a cost of $20,000.00 to be paid for through the General Fund. The use of this facility has evolved from storage to an operational use and therefore, more lighting and ventilation is required. 23. Mr. Hildebrandt reported that in 2010 the Village planned upgrades to the H /HVAC system in Fire Station #5 at a cost of $9,000.00 to create better room comfort and system operating efficiencies. 24. Mr. Hildebrandt also noted that in 2010 the Village will undertake a temporary solution to provide evidence storage for the Police Department which includes the installation of steel caging in the north half of the current police garage at an estimated cost of $12,000.00. 25. Mr. Hildebrandt stated that the Village planned to replace the air dampers in the Police Department gun range in 2010 at a cost of $2,300.00. 26. Mr. Hildebrandt stated that the Village planned to seal coat the exterior masonry in the Flickinger Center in 2010 at an estimated cost of $4,000.00. 27. Mr. Hildebrandt stated that the Village planned to replace the Public Works salt dome in 2011 at a cost of $294,000.00. The current salt storage dome was erected in 1981. A 2008 engineering evaluation indicated the dome is in poor condition and needs to be replaced. 28. In 2011 the Village plans to conduct an update to its Police Department space planning study at an anticipated cost of $20,000.00. A previous study was undertaken by the architecture firm of Sente and Ruebel which seemed most conducive to meeting some of the Village's needs within a reasonable budget. An update of this plan is needed to take into consideration operational changes and additional requirements by State statute. The Village should consider various alternatives including remodeling the existing facility, building an additional to the existing facility, or constructing a new building. 29. Mr. Hildebrandt further stated that the parking lot at the Flickinger Municipal Center and both fire states needs to be repaved at a cost of $204,300.00. Plans for this project are anticipated in 2012. 30. In 2012, the Village plans to paint and seal coat the cement block walls in the vehicle bays of the fire department apparatus room as well as coat the floors with an epoxy finish designed for vehicle traffic in order to reduce slip and falls. The cost for this project is $40,500.00. 31. The Village plans to replace the stand by generator and electrical service at the Public Works facility at 2010 at a cost of $165,000.00. The current main electrical panel is an obsolete live front paneled which poses a safety hazard. This project will move the generator to the interior of the building and provide an adequate fuel tank, upgrade the automatic transfer switch and replace the obsolete electrical panel. 32. In 2012, the Village plans to relocate the Public Works garage service doors to the exterior walls adjacent to the overhead door for more efficient access to the maintenance shop at a cost of $17,000.00. 33. In 2013, the Village plans to upgrade the elevator controls at the Flickinger Municipal Center and Fire Station #4 at a cost of $22,300.00 to be compliant with the requirements of the State fire marshal. 34. In 2013, the Village plans to replace the standby generator in Fire Station #4 at a cost of $83,000.00. The current generator was installed in 1974 and is not large enough to supply power for the entire needs of the building. 35. In 2013, the Village plans to replace the carpeting at both fire stations and the public works facilities at a cost of $87,000.00. 36. In 2013, the Village plans to install material yards storage sheds at the Public Works facility at a cost of $40,000.00. These sheds will assist in the prevention of storm water run off into the sewers located in the yard and will prevent material shrinkage. 37. In 2013, the Village plans to rekey all the locks at the Flickinger Municipal Center at a cost of $5,400.00. The last time the building was rekeyed was in the early 1990's. 38. In 2014, the Village plans kitchen restorations at both fire stations at a cost of $19,000.00. 39. hi 2014, the Village plans to replace the roof couplings at the Public Works facilities at a cost of $38,500.00. In order to protect the masonry walls from moisture infiltration. 40. In 2014, the Village plans an addition to the Police Department garage at a cost of $230,000.00. In order to replace the parking stalls that were given up for evidence storage. This project may be deleted or expanded based on the outcome of the 2011 Police Department Space Needs Facility study. 41. In 2014, the Village will replace the fire alarm system at the Flickinger Municipal Center in order to install manual pull stations and additional hom strobe, audio - visual notification devices at a cost of $15,000.00. 42. In 2014, the Village will replace the standby generator at the Flickinger Municipal Center at a cost of $235,000.00. The current generator was installed in 1979, and does not supply enough power to make the Village Hall and Police Department operational during a power outage for example, now of the electrical outlet which power computers and the telephone systems are powered by this generator. Finance Director /Treasurer Ryan Horne then provided a summary of the Village's capital needs by year. He noted the anticipated cost for the years 2010, 2011, 2012, 2013 and 2014 are $7,783,391, $5,833,231, $5,933,500, $5,263,518 and $4,641,226; respectively. . The total anticipated cost of all Village capital improvements is $29,454;866.00. The Village's largest five capital projects are (1) the Dempster Street Water Main Replacement Project anticipated for the year 2010 at a cost of $1,400,000; (2) the Water Main Replacement Program anticipated for the years 2012, 2013 and 2014 at a total cost of $3,478,831; (3) the Water Meter Replacement and Upgrade Project anticipated for the years 2010, 2011, and 2012 at a total cost of $2,587,197; (4) the Asphalt Street Improvement Program anticipated for the years 2010, 2011, 2012, 2013 and 2014 at a cost of $2,760,000, $2,300,000, $2,300,000, $2,415,000 and $1,550,000, respectively for a total cost of $11,325,000; and (5) the Commercial Alley Improvement Program anticipated for the years 2010, 2011, 2012, 2013 and 2014 at a cost of $500,000 each year for a total of $2,500,000. These largest five projects represent $21,291,028 or 78.28% of the Village total capital improvement expenditures. Mr. Home then reviewed the capital projects by funding source and noted that the total capital project expenditures from the General Fund are $16,681,300.00 or approximately 57% of the total expenditures. The expenditures from the Lehigh/Fenis TIF District fund are $1,675,969.00 or approximately 6% of total expenditures. The expenditures from the Water Department are $11,097,597.00 or approximately 38% of the total expenditures. Finally, Mr. Horse summarized the funding by source by year. Mayor Staackrnann noted that while these numbers are large the Village as working diligently to obtain grants and matching funds for many of these projects. Trustee DiMaria noted that these expenditures were easy to put off but eventually they catch up to you. He believed the Village had stretched everything possible to this point. Trustee Marcus noted the numbers were frightening but perhaps just the tip of the iceberg; unanticipated expenditures may come up. The Village needed to start with a plan, and they needed to be honest with the residents. He was confident that the Village could find the revenue to meet its needs. Mayor Staacknarm asked for questions from the audience and there were none. He then thanked the audience and the Village staff for their time in the preparation of this report and their attendance at the meeting. There being no further business Trustee DiMaria then moved to adjourn the special meeting. The motion was seconded by Trustee Thill and approved unanimously pursuant to a voice at 8:29 pm. Minutes by: Tony S. Kalogerakos STATE OF ILLINOIS COUNTY OF COOK } SS. OFFICIAL OATH Mwilorpmzl <, I, BRIAN FENNEL'LY, do solemnly swear -, iirm) th t I will support the UnitedwZtates;° the Constitution of the State of Illi ois, the Rules, rdinances of the Village of Morton the office of DEPUTY CHIEF, OF ability, so help Y SIGNED and SWORN before me this 24th day of August 2009. of the all the duties ove to the best of STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) OFFICIAL OATH U 2 247.'.5 ~i. vj `+`tz• .}ri2at1 .. . I, NORMAN STROMB' ERG, do solemnly `swear (affirm) that I will support t ie Constitution of..the�Umied,States, the Constitution of the State of Illinois, the Rules, Regulattb'ri"s�d Ordinances of the Village of Morton G ,.,aru1awill.faithfully discharge all the duties of the office of DEPUTY CHIEF OF Ft3 fi a of Morton Grove to the best of my ability, so help me hod -, ,,. NORMAN STROMBE Rrf` SIGNED and SWORN before me° this 24th day of August 2009. Village ®f Morton Grove WHEREAS, during the week of September 21, communities across the Northwest Suburban United Way region will be joining together to give people a chance to get involved and make lasting change in their community; and WHEREAS, educating people in the Northwest Suburbs about the state of health and human services in our region can lead to more volunteerism and improve conditions for all; and WHEREAS, by supporting three key issues - education, income and health — each person in Moron Grove can help create opportunities for people to improve their lives so they can become independent; and WHEREAS, by giving our fellow citizens the chance to reach their potential, earn a living and build savings and to care for their health, not only will those individuals be helped but entire neighborhoods will be strengthened; and WHEREAS, residents and corporations in the Village of Morton Grove can join together to improve lives by giving, advocating or volunteering to provide food for people in need in the community of Morton Grove; and WHEREAS, to help achieve this goal, the Northwest Suburban United Way invites all residents of the Village of Morton Grove to participate in Live United Week, advancing the common good. NOW, THEREFORE, I Daniel J. Staaekmarm, Mayor of the Village of Morton Grove do hereby proclaim the week of September 21, 2009, as LIVE UNITED WEEK in Morton Grove and call upon the people of this great Village to observe this week with appropriate programs, activities, and ceremonies that advance the common good. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the Village oWorton Grove. Village President Village .• ` of Morton r Ii WHEREAS, the Village of Morton Grove is committed to ensuring the safety and security of all those living in and visiting our community; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, roughly 3,000 people die as a result of home fires and burns, more that 200,000 individuals are seen in the nation's emergency rooms for burn injuries; and WHEREAS, cooking is the leading cause of home fires and home fire injuries, while heating equipment and smoking are the leading causes of home fire deaths; and WHEREAS, Morton Grove's first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, Morton Grove's residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; and WHEREAS, residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS, the 2009 Fire Prevention Week theme, "Stay Fire Smart! Don't Get Burned" effectively serves to remind us all of the simple actions we can take to stay safer from fire during Fire Prevention Week and year- round. THEREFORE, 1, Daniel J. Staackmann, Mayor of the Village of Morton Grove, do hereby proclaim October 4 -10, 2009 as FIRE PREVENTION WEEK throughout this Village, and I urge all the people of Morton Grove to protect their homes and families by heeding the important safety messages of Fire Prevention Week 2009, and to support the many public safety activities and efforts of Morton Grove's fire and emergency services. In witness hereof, I have hereunto set my hand and caused to be affixed the seal of the Village of Morton Grove. Village o Morton Gri WHEREAS, the Village of Morton Grove would like to pay tribute and recognize the accomplishments of the Jerusalem Lutheran School; and WHEREAS, on December 21, 1903, Jerusalem Lutheran Church was incorporated under Illinois law; and WHEREAS, in 1906, the congregation opened its doors to a Christian day school with 35 children; and WHEREAS, in 1929, the church was destroyed by fire but was later rebuilt with the addition of an auditorium, kitchen and two additional classrooms; and WHEREAS, in the late 1930's and early 1940's, the school closed due to the Great Depression but reopened with the help and partnership of two other churches which, due to growth, eventually dissolved in 1959, and the Jerusalem Lutheran School was once again on its own; and WHEREAS, to remember all of Jerusalem Lutheran School's alumni, a celebration of a century of Christian education has been planned to honor and remember the past, celebrate the present, and secure the future. NOW, THEREFORE, I, Daniel J. Staackmann, Mayor of the Village of Morton Grove do hereby proclaim October 10, 2009, as JERUSALEM LUTHERAN SCHOOL DAY In witness hereof, I have hereunto se my hand and caused to be affixed the seal of the Vill�j lorton Grove. el J�.tCaackmann, Village President �t • WHEREAS, the Village of Morton Grove would like to pay tribute and recognize the accomplishments of the American Legion Post #134; and WHEREAS, the American Legion was formed on September 16, 1919, and was subsequently chartered by the United States Congress. Since then, every year on September 16 in commemoration of that day, most American Legions begin a three month period to promote the organization's good work which includes aid to America's veterans, their families, and the communities in which various posts reside; and WHEREAS, Post #134 was formed on September 16, 1927, and has been a vital part of the Village of Morton Grove including its contributions to the Morton Grove Days and the many veterans that have returned home; and WHEREAS, recognizing the American Legion Post #134 educates the public to the many worthwhile activities Legion members become involved in including fundraisers, and troop support and recovery including hospital and nursing home visits. NOW, THEREFORE, I, Daniel J. Staackmann, Mayor of the Village of Morton Grove do hereby proclaim September 16, 2009, as AMERICAN LEGION DAY and encourage all veterans to become involved in their local American Legion Post. In witness hereof, I have hereunto set my hand and caused to be affixed the seal of the Village of Morton Grove. 3 Dani J. aac mann, Village President Village ®f Morton Grove WHEREAS, Kappy's Restaurant and Pancake House first opened its business in 1979 in the Village of Morton Grove; and WHEREAS, Kappy's is celebrating its 30th Anniversary begirming August 15 through Fall 2009 at 7200 West Dempster Street in the Village of Morton Grove; and WHEREAS, Kappy's has been recognized by the Chicago Tribune as one of the "Top Ten Spots for Breakfast in Chicago"; and WHEREAS, Kappy's continues to be a family owned and operated business; and WHEREAS, Kappy's is a valuable part of the Morton Grove community; and WHEREAS, the Village of Morton Grove congratulates Kappy's Restaurant and Pancake House for 30 years of food enjoyment to the Morton Grove community. NOW, THEREFORE, I, Daniel J. Staackrrann, Mayor of the Village of Morton Grove, Illinois, do herby proclaim the Fall season of 2009, as KAPPY'S RESTAURANT AND PANCAKE HOUSE SEASON IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the VAag�ytf Morton Grove. J. Staaekrnann, Village President III MUMS 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 30, 2009 AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER TRUSTEES' CONFERENCE ROOM 6101 CAPULINA AVENUE MORTON GROVE, ILLINOIS I. Call to Order I1. Pledge of Allegiance III. Discussion of the Solid Waste /Recycling Collection Contract and consideration of a Commercial Solid Waste Franchise IV. Adjournment Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053 -2985 'Tel: (847) 965 -4100 Fax: (847) 965 -4162 CA Recycled Paper NOTICE THE VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE HAS CANCELLED THEIR REGULARLY SCHEDULED MEETING OF SEPTEMBER 28, 2009 IN OBSERVANCE OF YOM KIPPUR THE NEXT REGULARLY SCHEDULED MEETING WILL BE HELD AT 7:00 PM ON OCTOBER 12, 2009 AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER 6101 CAP ULINA AVENUE MORTON GROVE, ILLINOIS Richard T. Flickinger Municipal Center 6101 Capulina Avenue ^ Morton Grove, Illinois 60053 -2985 fqk Tel: (847) 965 -4100 Fax: (847) 965 -4162 Recycled Paper Legislative Summary Resolution 09 -46 AUTHORIZING STAFF TO PROCEED WITH NECESSARY WORK TO REFINANCE MUNICIPAL BOND OBLIGATION SERIES 2002 Introduced: September 14, 2009 Synopsis: 'This resolution authorizes Village staff to undertake necessary actions in order to refinance General Obligation Bonds, Series 2002, of the Village of Morton Grove. These actions include: coordinating with Village Bond Counsel, Chapman and Cutler, providing necessary information to rating agency, and authorizing bidding for resale of these bonds. Bidding is scheduled for September 14, 2009, with subsequent review and action at the September 14, 2009, Village Board meeting. Purpose: Favorable market conditions, as monitored by the Village's financial advisor, Speer Financial, suggests a window of opportunity for the Village to avail itself of savings through refinancing its General Obligation Bonds, Series 2002. Savings, pending sale market conditions, are estimated at $434,000 over the life of the issue. Background: The Village and Speer Financial have been monitoring bond market conditions in an effort to obtain savings through refinancing of municipal debt. Market conditions now present this opportunity. This resolution will authorize Village staff to retain special counsel and take all steps necessary to begin the refinancing process. It will be necessary for the Village Board to accept the bids and formally vote to approve the sale of the bonds. Proarams, Departments Administration, Finance, and Legal Departments. or Groups Affected Fiscal Impact: Anticipated savings over the life of the bond issue is estimated at approximately $434,000. The estimated cost of the refunding is $50,500 including special bond counsel and bond consulting fees providing an estimated net savings of $383,500. The costs for this refunding are paid from the proceeds of the sale of the bonds. Source of Funds: Corporate Fund Workload Impact: Administration, Finance, and Legal Departments. Administrator Approval as presented. Recommendation: First Reading: Not required. Special Considerations or None Requirements: Respectfully submitted and : repared by:---- �G�GG/6Gce, - Jo eph R`Wade, Village Administrator 4an rd, f Reviewed by Reviewed by: Teresa , Corporation Counsel Ryan Horne, cling Finance Director RIESOLUTION 04 -46 AUTHORIZING STAFF TO PROCEED WITH NECESSARY WORK TO REFINANCE MUNICIPAL BOND OBLIGATION SERIES 2002 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, favorable bond market conditions present an opportunity for the Village of Morton. Grove (the Village) to obtain savings through the refinancing of General Obligation Bonds, Series 2002; and WHEREAS, the refinancing process entails representation by Village Bond Counsel, coordinative work of the Village's financial advisor, submission of information to rating agency, and bidding of bonds; and WHEREAS, the process is anticipated to provide considerable net savings to the Village over the life of this bond issuance. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION I: 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 Administrator and/or his designees are directed to take all steps necessary to prepare for the refinancing of the Village of Morton Grove General Obligation Bonds, Series 2002, subject to Board approval or upon the opening of the bids. SECTION 3: The Village Administrator is authorized to retain the services of Chapman Cutler, LLP to act as Special Bond Counsel and the firm of Speer Financial Services to act as Bond Consultants with respect to this refinancing. SECTION 4: This Resolution shall be in full force and effect from and upon its passage and approval PASSED THIS 14`'' day of September 2009 Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS 14°i day of September 2009 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED AND FILED in my office This 15`x' day of September 2009 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Ordinance 09 -15 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2009A, OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT IN CONNECTION THEREWITH AND PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS Introduced: September 14, 2009 Synopsis: This ordinance will authorize the Village to issue Taxable General Obligation Refunding Bonds in the amount of $4,855,000. Purpose: The issuance of these bonds will allow the Village to restructure the debt incurred pursuant to the General Obligation Bonds Series 2002. Background: ( Based on the recommendation of staff and the Village's bond consultants, Speer Financial, the Village can achieve a substantial debt service savings by restructuring this indebtedness. This indebtedness is achieved by the issuance of General Obligation Refunding Bonds. These bonds were sold on September 14, 2009, at a revised true interest rate of %. The bonds will become due annually from December 1, 2009 through December 1, 2017. It is anticipated the Village will realize a savings of $434,000 as a result of this restructuring. This ordinance will authorize the execution of an escrow agreement from the proceeds of the sale of these bonds; said escrow agreement shall be used to redeem the General Obligation Bonds, Series 2002 and shall also provide for the levy and collection of a direct annual tax for the payment of principal of and interest on said bonds. The Village's bond counsel, Chapman and Cutler, LLP, will issue an opinion these bonds are qualified taxable obligations under Section 265 (b)3 of the Internal Revenue Code of 1986. Programs, Departs Finance and Legal Departments. or Groups Affected Fiscal Impact: The restructuring of these bonds will result in substantial interest savings for the next 9 years of $434,000. Source of Funds: Not applicable Workload Impact: The Village Administrator's office, Finance Department, Corporation Counsel, along with the Village's bond consultant and bond counsel will manage and oversee this work. Admin Recommen: Approval as presented. First Reading: I September 14, 2009 Special Considerat As this ordinance must be approved on the same day the bonds are sold, staff has requested a or Requirements: second reading of this ordinance be waived. Respectfully su Village Administrator lce Reviewed by: -� CK, tx t°°""- Prepared by: Teresa Hoffinan Lis, n, Corporation Counsel Patricia M. Curtner, Chapman & Cutler, LLP EXTRACT of MINUTES of the regular public ,meeting of the President and Board of Trustees of the Village of Morton Grove, Cook County, lllinois� held at Village Hall, 6101 Capulina Avenue, in said Village;, at 7:00 p.m., on the 14th day of September 7009.. The President called the meeting to order and directed the Village Clerk to call the roll. Upon the troll being called, the President and the following Trustees answered physically present at said location: The following Trustees were allowed by a majority of the Trustees in accordance with and to the extent allowed by rules adopted by the President and Board of Trustees to attend the meeting by video or audio conference: No Trustee was refused permission to attend the meeting by video or audio conference. The following Trustees were absent and did not participate in the meeting in any manner or to any extent whatsoever: The President and Board of Trustees then discussed a proposed refunding for the Village and considered an ordinance; providing for the issuance of Taxable General Obligation Refunding- Bonds, Series 2009A, of the Village of Morton Grove, Cook County, Illinois, authorizing the execution of an escrow agreement and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. Thereupon, Trustee presented and the Village Attorney explained in full the following ordinance, which was before the President and Board of Trustees and made available to any person requesting one in words and figures as follows: - General obligation bonds 2069 August - 2170314 • PMC • 9/1109 AN ORDINANCE providing for the issuance of Taxable General Obligation Refunding Bonds, Series 2009A, of the Village of Morton Grove, Cook County, Illinois, authorizing the execution of an escrow agreement in connection therewith and providing for the levy and collection' of a direct annual tax for the payment of the principal of and interest on said bonds. (the "Bond Ordinance " }. Trustee moved and Trustee seconded the motion that the Bond Ordinance as presented be adopted. After discussion thereof, including a public recital of the nature of the matter being considered and such other information as would inform the public of the business being conducted, the President directed that the roll be called for a vote upon the motion to adopt the Bond Ordinance. Upon the roll being called, the following Trustees voted AYE: and the following Trustees voted NAY: WHEREUPON, the President declared the motion carried and the ordinance adopted, and henceforth did approve and sign the same in open meeting, and directed the Village Clerk to record the same in full in the records of the President and Board of Trustees of the Village of Motion Grove, Cook County, Illinois. Other business was duly transacted at said meeting. Upon motion duly made and carried, the meeting adjourned. Village Clerk -2- . TABLE OF CONTENTS SECTION HEADIN G PREAMBLES........................................ ............................... SECTION 1. DEFINITIONS ......................... ............................... PAGE ... ..............................6 SECTION4. BOND DETAILS ...............................................:.............................. ..............................6 SECTION 5. EXECUTION ;..AUTHENTICATIO..V.... ......... ......................... ..............................7 SECTION 6. MANDATORY AND OPTIONAL REDEMPTION.......... SECTION 7. BOOK -ENTRY FORM ............... ............................... SECTION 8. REGISTRATION; TRANSFER; EXCHANGE; OWNERS SECTION 9. SECURITY........ ..............8 ..... .............................13 SECTION 10. FORM OF BONDS ..................................... ............................... SECTION 11. TAX LEVY ;ABATEMENT ............. _. ...... .... .. .............. ............ SECTION 11 ' FILING WITH COUNTY CLERK..... ......... ..................... SECTION 13. SALE OF BONDS ...................................... ............................... SECTION 14. CREATION OF FUNDS AND APPROPRIATIONS........... 6 .............. .................15 .. .............................17 ..........................17 ..........................23 .............25 .......25 .....................26 SECTION 18. REIM 13URSEMENT ..................... .........................ERROR! BOOKMARK NOT DEFINED. SECTION 16, NOT PRIVATE . ACFf ljVI TYBONDS ........................ ERROR! BOOKMARK NOT'DEFINED. SECTION 1 %. REGISTERED FORM ................... .........................ERROR! BOOKMARK NOT DEFINED. SECTION 18. FURTHER TAX COVENANTS; REBATE; BANK QUALIFICATION.RRROR! BOOKMARK NOT DEFINE SECTION 19. OPINION OF COUNSEL EXCEPTION ....................ERROR! BOOKMARK NOT DEFINED, SECTION 20. RIGHTS AND DUTIES OF BOND REGISTRAR ................................ .............................27 SECTION 22. BOND INSURANCE... ... .......................................................... .............................28 SECTION 23. CONTINUING DISCLOSURE UNDERT' AKING ................................. .............................28 .:. SECTION24. DEFEASANCE ............................................................................. .............................29 SECTION 25. TAXES PREVIOUSLY LEVIED ...................................................... ..........................:. .29 SECTION 26. PUBLICATION OF ORDINANCE ................................................... .............................30 SECTION 27. SUPERSEDER AND EFFECTIVE DATE..... ... 6 ..................... .66 .............. 4.6 ............... ...... 30 This Table of Contents is for convenience only and is not a part of the ordinance. _ii_ �Oa'�.DFNANcE NumBER 0945 AN ORDINANCE providing for the issuance of Taxable General Obligation refunding Bonds, Senes 2009A of the Village of Morton Grove, Cook County, Illinois, authorizing the execution of an escrow agreement in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. WHEREAS, by pursuant to a referendum held on the 18th day of March; 1980, the Village of Morton Grove, Cook County, Illinois (the °Village "), is a home rule unit pursuant to Section 6 of Article VII of the 1970 Constitution of the State of Illinois, and as such is ellipowered to perform any function pertaining to its government and affairs, including the power" to:incur debt; and I _ WHEREAS, pursuant to the provisions of said Section 6, the Village has the power to incur debt payable from ad valorem property tax receipts or from any other lawful source and maturing within 40 years from the time it is incurred without prior referendum approval; and WHEREAS, the Village has heretofore issued and there are now outstanding certain bonds and obligations of the Village, including, specifically, that certain $5,300,000 original principal amount General Obligation Promissory Note, Series 2002 (the "Prior Note "); and WHEREAS, the President and Board of Trustees of the Village (the "Corporate Authorities ") has heretofore and it hereby is determined that it is advisable and necessary and in the best interests of the Village that the Prior Note be refunded (the "Refunding ") in order to restructure the indebtedness evidenced by the Prior Note; and WHEREAS in order to effectuate the Refunding, the Village will enter into an escrow agreement as hereinafter authorized to be executed by and on behalf of the Village; and WHEREAS the estimated cost to the Village of the Refunding is the sum of $4,855,000 plus any estimated available amount of interest earnings or, said sum prior to its expenditure; and A -t WHEREAS there are insufficient funds on hand and available to pay the costs of the Refunding, and it will be necessary to borrow $4,855,000 to pay the same, and in evidence of such borrowing to issue general obligation bonds of the Village as herein provided for in the aggregate principal amount of $4,855,000; and WHEREAS, the Corporate Authorities have heretofore and it hereby is determined that it is advisable and necessary that such indebtedness be incurred in accordance with the Act as hereinafter defined, that said bonds be issued as one or more series of general obligation bonds in the aggregate amount of $4,855,000, without submitting the question of incurring such indebtedness to the electors of the Village for their approval, all as authorized and provided in the hereinafter defined Act: Now, THEREFORE, Be It Ordained by the President and Board of Trustees of the Village of Morton Grove, Cook County, Illinois, in the exercise of its home rule powers, as follows: Section 1. Definitions. A. The following words and terms are as defined in the preambles hereto. Corporate Authorities Prior 11%lote Refunding . Village B. The following words and terms are defined as set forth. "Act" means the Illinois Municipal Code, as supplemented and amended, and particularly as supplemented and amended by the Local Government Debt Reform Act, as amended, and the other Omnibus Bond Acts, as amended, and as further supplemented, and where; necessary, ;superseded, by Section 6 of Article VII of the 1970 Constitution of the State of Illinois. 11 1 A -2 "Authorized Denominations" means $5,000 or any integral multiple thereof. Bond", or Bonds -" means one or more, as applicable, of the Taxable General Obligation Refunding Bonds, Series 2009A, authorized to be issued by,this Ordinance. "Bond Counsel" means Chapman and Cutler LLP, Chicago, Illinois. "Bond Fund" means the 2009 Taxable General Obligation Refunding Bonds Bond Fund created in Section I I of this Ordinance, "Bond Register" means the books of the Village kept by the Bond Registrar to evidence the registration and transfer of the Bonds. "Bond. Registrar" means The Bank of New York Mellon Trust Company, National Association, Chicago, Illinois, or a successor thereto or a successor designated as bond registrar hereunder. "Book Entry Form" means the form of Bonds in which they are delivered to a depository and Held solely by a depository, or its nominee, as record owner, transfers of beneficial ownership for such Bonds being made by book entries in accordance with the procedures of such depository. "Code" means the Internal Revenue Code of 1986, as amended. "County Clerk" means the County Clerk of The County of Cook, Illinois. "DTC" means The Depository Trust Company, New York, New York, or successor depository duly qualified, to do business as a securities depository, and assigns. "Designated C?fficers" means the President acting with any one of the Village Clerk, the Village Administrator or the Village Treasurer, or successors or assigns. 'Escrow- Agent" means The Bank of New York Mellon Trust Company, National Association, Chicago, Illinois, having fiduciary powers, and successors or assigns. A -3 "Escrow scrow Agr°eenzent" means that certain escrow agreement by and between the Village and the Lscrow,Agent;'as hereinafter provided. "'2009,4 Full Faith and Credit Taxes" means the unlimited ad valorem taxes levied by and under this Ordinance on all of the taxable property in the Village, sufficient to pay all prin- cipal of and interest on the Bonds when due. "Interest Payment Date " means a Stated Maturity of interest on the Bonds. "'Outstanding ' or -." outstanding" refers to Bonds which are outstanding and unpaid; provided, however, such term shall not include Bonds (i) which have matured and for which moneys are on deposit with proper paying agents, or are otherwise properly available, sufficient to pay all principal thereof and interest thereon, or (ii) the provision for payment of which has been made by the Village by the deposit in an irrevocable trust or escrow of funds or direct, full faith and credit obligations of the United States of America, the principal of and interest on which will be sufficient to pay at maturity or as called for redemption all the principal of and interest; on such Bonds . "Ordinance" means this Ordinance, numbered as set forth on the title page hereof, passed by the Corporate Authorities on the 14th day of September 2009. "Paying Agent'", means The Bank of New York Mellon Trust Company, National Association, Chicago, Illinois; or a successor thereto or a successor designated as paying agent hereunder. "Purchaser" means '- Village. - the initial purchaser of the Bonds from the -Purchase Price '''means therprice.paid to the Village by the Purchaser for the Bonds, to- wit. S - __._____;''being par:net of underwriters' discount in the amount of plus $ accrued interest. A -4 "Qualified InvestinenYs "`means any investments for Village funds as may be from time to time authorized under Illinois law. Record Date" means the fifteenth day of the month next preceding any regular Interest Payment Date: or fifteen days prior to any Interest Payment Date occasioned by a redemption of Bands on other than a regularly scheduled Interest Payment Date. Representation Letter' means any letter or agreement to be executed among the Bond Registrar, the Village and 'DTC'and necessary to effectuate a book entry system for the Bonds. "Stated Allaturio� "'When used with respect to any Bond or any interest thereon means the date specified in such Bond asthe fixed date on which the principal of such Bond is due and payable, whether by maturity, mandatory redemption or otherwise. `'Taxable" means, with respect to the Bonds, the status of interest paid and received thereon as not excludable from gross income of the owners thereof under the Code for federal income tax purposes. "Teem Bonds" means Bonds which are subject to mandatory redemption prior to maturity by operation' of the Bond Fund, as hereinafter provided. "Village `Treasurer " means the Treasurer /Finance Director of the Village. C. For all purposes of this Ordinance, "except as otherwise expressly provided herein or unless the context otherwise requires: 1. The terms defined in this Section or elsewhere in this Ordinance have the meanings, assigned to them ,arid include the plural as well as the ,singular (or vice - versa). 1 All accounting terms not otherwise defined herein have the meanings assigned to them, and all computations herein provided for shall be made, in accordance with generally accepted accounting principles for municipal enterprise funds. 3. All references in this Ordinance to designated "Sections" and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted. A -5 4. The words "herein," "hereof" and "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. Section 2. incorporation of.Preambles. The Corporate Authorities hereby find that all of the recitals contained in the preambles to this Ordinance are true, correct and complete and do incorporate them into this Ordinance by this reference. Section 3. Determination to Issue Bonds. It is necessary and in the best interests of the Village to provide for the Refunding, to pay all related costs and expenses incidental thereto, and to borrow money and issue the Bonds for such purpose. It is hereby found and determined that such borrowing of money pertains to the government and affairs of the Village, is necessary for the welfare of the government and affairs of the Village, is for a proper public purpose or purposes and is in the public interest, and is authorized pursuant to the Act; and these findings and determinations shall be deemed conclusive. Section 4. Bond Details. For the purpose of providing for the payment of the costs of the Refunding, and to pay all related costs and expenses incidental thereto, there shall be issued and sold the Bonds in the aggregate principal amount of $4,855,000. The Bonds shall each be designated "Taxable General Obligation Refunding Bond, Series 2009A" (or such other name or series designation as the Designated Officials shall determine to be appropriate), and shall be dated. October 1, 2009 (being the "Dated Date "), and shall be in Authorized Denominations (but no single Bond shall represent principal maturing on more than one date), shall be numbered consecutively in such fashion as, shall be determined by the Bond Registrar, and shall bear interest at, the rates percent per annum and (subject to provisions for Term Bonds and subject to right of redemption as hereinafter provided.) shall become due and payable serially on June 1 of the years and in the amounts as follows: Veaa Rot NT iu2'' Knrr 2010 ,000 A,.d Mil ,000 2012 201?. .000 ,00o lJli) ,000 2017 . ,000 2018 ,000 The principal of and redemption premium, if any, due on the Bonds sYia;.; 1,dc payable in lawful money of the United States of America upon presentation thereof at the principal office maintained for the purpose by the Paying Agent in Chicago, Illinois, or at the successor Paying ,!Agent and locality. Each Bond shall bear interest from the later of its Dated Date as herein provided or from the most recent Interest Payment Date to which interest has been paid or duly provided for, until the principal amount of such Bond is paid or duly provided for, such interest (computed upon the basis of a 360 -day year, of twelve 30 -day months) being payable semiannually on June I and December 1 of each year, commencing on December 1, 2009. All Bonds shall bear the date of authentication thereof, shall be in fully registered form and shall be in Book Entry Form. Interest on the Bonds shall be paid by check or draft of the Paying, Agent, payable upon presentation thereof in lawful money of the United States of America, to the person in whose name such Bond is registered at the close of business on the applicable Record Date, or as otherwise agreed to by the Village and CEDE & Co., as norninee, or successor, for as long as the Bonds are Held in Book Entry Form as provided for same. Principal of and redemption price, of the Bonds shall be paid upon. surrender in lawful money, of the United States of America, at the principal office maintained for the purpose by the Paying Agent in Chicago, Illinois, or at successor paying agent and locality. Section 5. Execution; Authentication. The Bonds shall be executed on behalf of the Village by the manual or duly authorized facsimile signature of its President and attested by the A -7 manual or duly authorized facsimile signature of its Village Clerk, as they may determine, and shall have impressed or imprinted thereon the corporate seal or facsimile thereof of the Village. In case any such officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office,, until delivery. All Bonds shall have thereon a certificate of authentication, substantially in the form hereinafter set forth, duly executed by the Bond Regisrrar.as authenticating agent of the Village and showing the date of authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Ordinance unless and until such certificate of authentication shall have been duly executed by the Bond Registrar by manual signature, and such certificate of authentication upon, any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Ordinance. The certificate of authentication on any Bond shall be deemed to have been executed by it if signed by an authorized officer of the Bond Registrar, but it shall not be necessary that the same officer sign the certificate of authentication on all of the Bonds issued hereunder. Section 6 Redemption. A. MANDATORY REDEMPTION. No Bonds are Tenn Bonds subject to mandatory redemption prior to maturity. B. OPTIONAL REDEMPTION. Bonds coming due on and after June 1, 2017, are subject to redemption prior, to maturity at the option of the Village, from any available monies, on June 'l, 2016, and any date thereafter, in whole or in part, and if in part in such principal amounts and frorn such maturities as the Village shall determine and within any maturity by lot, at a redemption price of par plus accrued interest to the date fixed for redemption. A -8 �fi REDEMPTION PROCEDURE. The Bonds subject to redemption shall be - identified, notice given, and paid and redeemed pursuant to the procedures as follows. 1; Redernlpiion- Notice. The Village shall, at least 45 days prior to any optional redemption date (unless a shorten time period shall be satisfactory to the Bond Registrar); notify the Bond Registrar of such redemption date and of the principal amount and maturities of Bonds to be redeemed. 2:` Selection of Bt nds within a Maturity. For purposes of any redemption of less than all of the Bonds of a single maturity, the particular Bonds or portions of Bonds to be redeemed shall be selected by lot by the Bond Registrar for the Bonds of such maturity by such method of lottery as the Bond Registrar shall deem fair and appropriate; provided,' that such lottery shall provide for the selection for redemption of Bonds or portions "thereof so that any $5;000 Bond or $5;000 portion of a Bond shall be as likely to be called for redemption as any other such $5,000 Bond or $5,000 portion. The Bond Registrar shall make such selection (1) upon or prior to the time of the giving of official notice of redemption, or (2) in the event of a refunding or defeasance, upon advice from the Village that certain Bonds have been refunded or defeased and are no longer Outstanding as defined. 3. Official Notice of Redemption. The Bond Registrar shall promptly notify the Village in writing of the Bonds or portions of Bonds selected for redemption and, in the case of any Bond selected for partial redemption, the principal amount thereof to be redeemed. Unless waived by the registered owner of Bonds to be redeemed, official notice of any such redemption shall be given by the Bond Registrar on behalf of the Village by mailing the redemption notice by first class U.S. mail not less than 30 days and not more than 60 days prior to the date fixed for redemption to each registered owner A -9 of the Bond. or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such registered owner to the Bond Registrar. All official notices of redemption shall include the name of the Bonds and at least the information as follows: (a) the redemption date; (b) the redemption price; (e) if less than all of the outstanding Bonds or a particular maturity are to be redeemed, the identification (and, in the case of partial redemption of Bonds within such maturity, the respective principal amounts) of the Bonds to be redeemed; (d) a statement that on the redemption date the redemption price will become due and payable: upon each such Bond or portion thereof called for redemption and that interest thereon shall, cease to accrue from and after said date; and (e), the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the office designated for that purpose of the Bond Registrar. 4., Conditional Redemption Unless moneys sufficient to pay the redemption price of the Bonds to be redeemed shall have been received by the Bond Registrar prior to the giving of such notice of redemption, such notice may, at the option of the Village, state that said redemption shall be conditional upon tl.re receipt of such moneys by the -;Bond Registrar on or prior to the date fixed for redemption. if such moneys are not received, such notice shall_ be of no force and effect, the Village shall not redeem such Bonds, and the Bond Registrar shall give notice, in the same manner in which the notice A -10 of redemption was given, that such moneys were not so received and that such Bonds will not be redeemed, 5, Bonds Shall Become Due. _Official notice of redemption having been given as described, the Bonds or portions of Bonds so to be redeemed shall, subject to the stated condition in paragraph (D) immediately preceding, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the Village shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption price. The procedure for the payment of interest due as part of the redemption price shall be as herein provided for payment of interest otherwise due. 6, Insufficiency in Notice Not Affecting Other Bonds; Failure to Receive "Notice; Waiver. Neither the failure to mail such redemption notice, nor any defect in any notice so mailed, to any particular registered owner of a Bond, shall affect the sufficiency of such notice with respect to other registered owners. Notice having been properly given, failure of a registered owner of a Bond to receive such notice shall not be deemed to invalidate, limit or delay the effect of the notice or redemption action described in the notice. Such notice may be waived in writing by a registered owner of a Bond entitled to receive` such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers" of notice by registered owners shall be filed with the Bond Registrar; but such tiling shall not be a condition precedent to the validity of any action taken inaeliance,upoir such waiver. In lieu of the foregoing of notice, so long as the Bonds' are held in book entry form, notice may be given as provided in the Representation Letter, and the giving of such notice shall constitute a waiver by DTC and A -i] the book entry owner, _as registered owner, of the foregoing notice. After giving proper notification of redemption to the Bond Registrar, as applicable, the Village shall not be liable for any frrilure to give or defect in notice. - 7. New Bond in Amount Not .Redeemed. Upon surrender for any partial redemption of any Bond, there shall be prepared for the registered owner a new Bond or Bonds the same Series, of like tenor, of authorized denominations, of the same maturity, and bearing the same rate of interest in the arnount of the unpaid principal. S. Effect of Nonpayment upon Redemption. If any Bond or portion of Bond called for redemption shall not be so paid upon surrender thereof for redemption, the principal shall become due and payable on demand as aforesaid, but, until paid or duly provided for, shall continue to bear or accrete interest from the redemption date at the rate home by the Bond or portion of Bond so called for redemption. _9. Bonds to Be Cancelled, Payment to Identify Bonds. All Bonds which have been redeemed shall be cancelled and destroyed by the Bond Registrar and shall not be - reissued. Upon the payment of the redemption price of Bonds being redeemed, each check or other- transfer of funds issued for such purpose shall bear the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer. 10. Additional Notice. The Village agrees to provide such additional notice of redemption as it may deem advisable at such time as it determines to redeem Bonds, taking into account any requirements or guidance of the Securities and Exchange Commission„ the Municipal Securities Rulemaking Board, the Government Accounting Standards Board, or any other federal or state agency having jurisdiction or authority in such matters provided, however, that such additional notice shall be (1) advisory in A -12. nature, (2) solely 1h the .discretion o'f the Village (unless a separate agreement shall be made), (3) not be a condition precedent of a valid redemption or a part of the Bond contract; "and (4) any failure or defect in such notice shall not delay or invalidate the rederiiption of Bonds for which proper official notice shall have been given. Reference is also .made to the provisions of the Continuing Disclosure Undertaking of the Village with "respect to the Bonds, which may contain other provisions relating to notice of redemption of Bonds; 11. Bond Registrar to Advise Village. As part of its duties hereunder, the Bond Registrar shall prepare and forward` to the Village a statement as to notices given with respect to each redemption together with copies of the notices as mailed. Section 1. Book -Entry Form. The Bonds shall be initially issued in the form of a separate single fully registered Bond for each maturity. Upon initial issuance, the ownership of each such Bond shall be registered in the Bond Register therefore in the name of CEDE & Co., or any successor thereto, as nominee of DTC. All of the outstanding Bonds from time to time shall be .registered in the Bond Register in the name of CEDE& Co., as nominee of DTC. Any Designated Officer is authorized to execute and deliver on behalf of the Village a Representation Letter. Without limiting respect to entering into (a) payment ` procedures, (c) redemption notices or and (e) amendment from respect to securities indus the generality of the authority given to the Designated Officers with such Representation Letter, it may contain provisions relating to (b) transfers of the Bonds or of beneficial interest therein, procedures unique to DTC (d) additional notices or communications, time to time to conforin with changing customs and practices with '. y transfer and payment practices. With respect to .Bonds registered in the Bond Register in the name of CEDE & Co., as nominee of DTC; -the Village and the Bond Registrar shall have no responsibility or obligation to A -13 any broker- dealer, bank or other financial institutions for which DTC holds Bonds from time to time as securities DTC (each such broker- dealer; bank or other financial institution being referred to - herein as a "DTC Participant ") or to any person on behalf of whom such a DTC Participant holds an 'interest in the ,Bonds. ' Without limiting the meaning of the immediately preceding sentence, the Village and the Bond Registrar shall have no responsibility or obligation with respect to (a) the accuracy of the records of DTC; CEDE & CO., or any DTC Participant with respect to any ownership interest in the Bonds, (b) the delivery to any DTC Participant or any other person, other than a registered' owner of a Bond as shown in the Bond. Register, or any notice with respect to the Bonds;' including any notice of redemption, or (c) the payment to any DTC Participant or any other person, other than a registered owner of a Bond as shown in the Bond Register, of any amount with respect to principal of or interest on the Bonds. No person other than a registered owner of a Bond as shown in the Bond Register shall receive a Bond certificate with respect to any Bond. Upon delivery by DTC to the Bond Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of CEDE & Co., and subject to the provisions hereof with respect to the payment of interest to the registered owners of Bonds at the close of business on the Record Date for and Interest.. I _ Payment Date, the name " CBDE -& Co, in this Ordinance shall refer to such new nominee of DTC; In the event that (a) the Village determines that DTC is incapable of discharging its responsibilities described' herein and in the Representation Letter, (b) the agreement among the Village, the Bond Registrar and DTC evidenced by the Representation Letter shall be terminated for any reason, or (c) the Village determined that it is in the best interests of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the Village shall notify DTC and DTC Participants of the availability of Bond certificates, and the Bonds shall no longer be A -14 `restricted to being registered in the Bond Register in the name of CEDE & Co., as nominee of DTC, The Village .may determine that the Bonds shall be registered in the name of and - deposited :with a successor depository operating ;a book -entry system, as may be acceptable to the Village; or such depository's agent or designee, and if the Village does not select such alternate book -cntry system, .then the Bonds may be registered in whatever name or names registered owners of Bonds transferring or exchanging Bonds: shall designate, in accordance with the provisions hereof Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of CEDE & CO,, as nominee of DTC, all payments - with respect to principal of andnterest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. In the event that the Bonds ever become generally registrable, as aforesaid, any - Designated Officer may, in his or her discretion at such time; designate a bank with trust powers or trust company; duly authorized to do business as a bond registrar, paying agent, or both, to act . in one or both, such capacities hereunder; in the event- that the Designated Officers shaft - determine it to be advisable. Notice shall be given- to the registered owners of any such designation in the same manner, as near as may be practicable, as for a notice of redemption of Bonds, and as if the date of such successor taking up its duties were the redemption date. Section 8. Registration; Transfer; Exchange; Owners. The Village shall cause the Bond Register to be kept at the principal office maintained for the purpose by the Bond Registrar in Chicago, Illinois, ;which is hereby constituted, and appointed the registrar of the Village for the Bonds. The Village is authorized to prepare, and the Bond Registrar or such other agent as the Village may designate shall keep custody of multiple Bond blanks executed by the Village for use in the transfer and exchange of Bonds. A -15 Any =.Bond may be transferred of exchanged, but only in the manner, subject to the aimitations;'and upon payment of the charges as set forth in this Ordinance. Upon surrender for transfer, or exchange: of any Bond at the principal office maintained for the purpose by the Bond Registrar, duly endorsed by or accompanied by a written instrument or instruments of transfer or , exchange in form satisfactory to the Bond Registrar and duly executed by the registered owner or an-attorney for such owner duly authorized in writing, the Village shall execute and the Bond , Registrar shall authenticate, date and deliver in the name of the transferee or transferees or, in the case of an exchange, the registered owner, a new fully registered Bond or Bonds of like tenor, of the same maturity, bearing the same interest rate;- of Authorized Denominations, for a ;like aggregate principal amount. The Bond .Registrar shall not be required to transfer or exchange any Bond during the period from the .close of business on the Record Date for an Interest Payment Date to the opening of business on such Interest Payment Date. ` €he, execution by the Village of any fully registered Bond shall constitute full and due authorization of such Bond, and the Bond Registrar shall thereby be authorized to authenticate, date and deliver such Bond; provided, however, the principal amount of Bonds of each maturity authenticated by the Bond Registrar shall not at any one time exceed the authorized principal amount of Bonds for such maturity less the amount of such Bonds which have been paid. The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner- thereof for all purposes, and payment of the principal of or interest on any Bond shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. A -16 No service charge shall be -made to any registered owner of Bonds for any transfer or exchange of Bonds, but the Village or the Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental: charge that may be imposed in connection with any transfer or exchange of Bonds. Section 9. Security. The Village hereby pledges the full faith and credit of the Village to the Bonds, and the Bonds are secured by the Village's levy of the 2009A Full Faith and Credit Taxes. Section 10. Form of Bonds. The Bonds shall be in substantially the forms hereinafter set forth; provided, however, that if the text of the Bond is to be printed in its entirety on the front side of the Bond, then the second paragraph of the front side of the Bond and the legend "See Reverse Side for Additional Provisions" shall be omitted and paragraphs on the reverse side of the Bond shall be inserted immediately after the first paragraph on the front side. A -17 [Form of Bond - Front Side] REGISTERED No. .. UNITED STATES OF AMERICA STATE OF ILLINOIS COUNTY OF COOK VILLAGE OF MORTON GROVE TAXABLE. GENERAL OBLIGATION REFUNDING BOND REGISTERED $ See Reverse idefar Additional Provisions Interest Maturity Dated CUSIP Rater __ %o bate: June 1, 20_ Date: October 1, 2009 _ Registered Owner: CEDE & CO. Principal Amount: DOLLARS KNOW ALL PERSONS By THESE PRESENTS that the Village of Morton Grove, Cook County, Illinois, a home rule unit, immicipality and political subdivision of the State of Illinois (the Village"), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns as 'hereinafter provided, on the Maturity Date identified above, the Principal Amount identified above and to pay interest (computed on the basis of a 360-day year of twelve 30 -day months) on such Principal Amount from the later of the Dated Date of this Bond identified above or from the most recent Interest Payment Date to which interest has been paid or duly provided for, at the Interest Rate per annum identified above, such interest to be payable on June I and December I of each year, commencing December t, 2009, until the Principal Amount is paid or duly provided for, except as the A -18 hereinafter stated provisions for redemption prior to maturity may and shall become applicable hereto. The principal of and redemption premium, if any, due on this Bond are payable in lawful money of the United States of America upon presentation hereof at the principal office maintained for the purpose by The Bank of New York Mellon Trust Company, National Association, Chicago, Illinois, as paying agent (the "Paying Agent ") and bond registrar (the `Bond Registrar "). Payment of interest shall be made to the Registered Owner hereof as shown on the registration books of the Village maintained by the Bond Registrar at the close of business on the 'applicable Record Date. Interest on the Bonds shall be paid by check or draft of the Paying Agent,' payable upon presentation in lawful money of the United States of America, mailed to the address of such Registered Owner as it appears on such registration books or at such other address furnished in writing by such Registered Owner to the Bond Registrar, or as otherwise agreed to by the Village and CEDE & Co., as nominee of DTC, for so long as this Bond is held in book -entry only form as provided for same. As long as the Bonds are held in Book Entry Form as provided in the hereinafter defined Ordinance, payments of principal of and interest on the Bonds may be paid, to the registered owner thereof in same -day funds on each payment date as authorized hereunder. Reference is hereby made to the further provisions of this Bond set forth on the reverse hereof„ and such further provisions shall for all purposes have the same effect: as if set forth at this place. It is hereby certified and recited that all conditions, acts and things required by the Constitution and Laws of the State of Illinois to exist or to be done precedent to and in the issuance of this Bond, have existed and have been properly done, happened and been performed in regular and due form and time as required by law; that the indebtedness of the Village, represented by the Bonds, and including all other indebtedness of the Village, howsoever A -19 evidenced or incurred, does not exceed any constitutional or statutory or other lawful limitation; and that provision has been made for the collection of the ?009A Full Faith and Credit Taxes and further;- that .the ,Village will comply with all of the covenants and maintain the funds and accounts as provided by the Ordinance. This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Bond Registrar. >.IN WITNESS WHEREOF the Village of Morton Grove, Cook County, Illinois, has caused, this Bond to be executed by the manual or duly authorized facsimile signature of its President and attested by the-manual or duly authorized facsimile signature of its Village Clerk and its corporate seal or a facsimile thereof to be impressed or reproduced hereon, all as appearing hereon and as of the Dated Date identified above: President, Village of Morton C'rrove Cook County, Illinois Attest: Village Clerk, Village of Morton Grove. Cook County, Illinois A -20 Date of Authentication: CERTIFICATE OF _ AUTHENTICATION Bond Registrar and Paying Agent: The Bank of New York Mellon Trust C National Association, Chicago, Illinois This Bond is one of the Bonds described in the within mentioned Ordinance and is one of the Taxable General ,Obligation 'Refunding Bonds;' Series 2009A, having a Dated Date of October 1, 2009, of the Village of Morton Grove, Cook County, Illinois, The Bank of New York. Mellon Trust Company, National Association, Chicago, Illinois, as Bond Registrar By_-_ [Form of Bond - Reverse Side] This bond and each bond of the series of which it forms a part (the "Bonds") are issued pursuant to the Illinois Municipal Code, as supplemented and amended, and particularly as supplemented and amended by the Local Government Debt Reform Act, as amended, and the other Omnibus Bond Acts, as amended, and as further supplemented, and where necessary, superseded, by Section 6 of Article VII of the 1970 Constitution of the State of Illinois (together, the "Act "). The Bonds are being issued to pay the costs of the Refunding, all as more fully described in proceedings adopted by the President and Board of Trustees of the Village (the "Corporate Authorities ") and in an ordinance authorizing the issuance of the Bonds adopted by the Corporate Authorities on the 14th day of September 2009 ('the "Bond Ordinance "), to all the provisions of which the bolder by acceptance of this Bond assents. The Bonds coming due on and after June 1, 2017, are subject to redemption prior to maturity at the option of the Village on June 1, 2016, and any date thereafter, from any available moneys, in whole or in par, and if in part in such principal amounts and from such maturities as A -21 determined by the Village and within any maturity by lot, at a redemption price of par plus accrued interest to the date fixed for redemption, and upon the terms as otherwise set forth in the Bond Ordinance. Any Bond may be 'transferred or exchanged, but only in the manner, subject to the limitations, and upon payment of the charges as set forth in the Bond Ordinance. Upon surrender for transfer or exchange of any Bond at the principal office maintained for the purpose by the Bond Registrar in Chicago, Illinois, duly endorsed by or accompanied by a written instrument or instruments of transfer or exchange in form satisfactory to the Bond Registrar and duly executed by the Registered Owner or an attorney for such owner duly authorized in writing, the Village shall execute and the Bond Registrar shall authenticate, date and deliver in the name of the transferee or transferees or, in the case of an exchange, the Registered Owner, a new fully registered Bond or Bonds of like tenor, of the same maturity, bearing the same interest rage, of Authorized Denominations, for a like aggregate principal amount. The Bond Registrar shall not be required to transfer or exchange any Bond during the period from the close of business on the Record Date for an Interest Payment Date to the opening of business on such Interest Payment Date. The Village, the Bond Registrar and the Paying Agent may deem and treat the Registered Owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes, and the Village, the Bond Registrar and the Paying Agent shall not be affected by any notice to the contrary. INTEREST ON THIS BOND IS NOT EXCLUDABLE FROM GROSS INCOME FOR FEDERAL INCOME TAX PURPOSES. BONDHOLDERS SHOULD CONSULT THEIR TAX ADVISORS WITH RESPECT TO THE INCLUSION OF INTEREST ON THE BONDS IN GROSS INCOME FOR FEDERAL INCOME TAX PURPOSES. A -22 ASSIGNMENT POR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (Name and Address of Assignee) the within Bond and does hereby irrevocably constitute and appoint as attorney to transfer the said Bored on the books kept for registration thereof with full power of substitution in the premises. Dated: Signature guaranteed: NOTICE: The signature to this transfer and assignment must correspond with the name of the Registered Owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Section 11. Tax Levy Abatement. A. TAY LEVY, For the purpose of providing funds required to pay the interest on the Bonds promptly when and as the same falls due, and to pay and discharge the principal thereof at maturity, there is hereby levied upon all of the taxable property within the Village, in the years for which any of the Bonds are outstanding, a direct I nnual tax sufficient for that purpose; and there is hereby levied on all of the taxable property in the Village, in addition to all other taxes, the direct annual taxes (the "2009A Full Faith and Credit Taxes ") for the years and in the amounts as follows: A -23 FOR THE YEAR A TAX SUFFICIENT TO PRODUCE THE SUM OF: 2009 for interest and principal up to and 2010 2011 2012 2013 2014 2015 2016 2017 includin¢ for interest for interest for interest for interest for interest for interest for interest for interest 12/01/10 [net of cash on hand] and principal and principal and principal and principal and principal and principal and principal and principal The Village covenants and agrees with the Purchaser and registered owners of the Bonds that so long as any of the Bonds remain outstanding, the Village will take no action or fail to take any action which in any way would adversely affect the ability of the Village to levy and collect the foregoing tax levies. The Village and its officers will comply with all present and future applicable laws in order to assure that the 2009A Full Faith and Credit Taxes may be levied, extended and collected as provided herein and deposited into a fund hereby created and to be known as the "2009 Taxable General Obligation Refunding Bonds Bond Fund" (the "Bond Fund ") which fund shall be a trust fund for the benefit of the registered owners of the Bonds and shall be held segregated and apart from other funds of the Village. In the event that the 2009A Full Faith and Credit Taxes, or any of them, are ever extended for collection, such taxes shall be deposited by the Village upon receipt into the Bond Fund and shall be used solely and only to pay the principal of and interest on the Bonds. Monies to the credit of the 2009A Full Faith and Credit Taxes Account shall be used first and are pledged for paying the principal of and interest and applicable premium on the Bonds. Interest or principal coming due at any time when there are insufficient funds on hand from the 2009A Full -Faith and Credit Taxes to pay the same shall be paid promptly when due from current funds on hand in advance of the collection of the 2009A Full Faith and Credit A -24 Taxes herein levied; and when the 2009A Full Faith and Credit Taxes shall have been collected, reimbursement shall be wade to said funds in the amount so advanced. B. ABATEMENT. Whenever and only when other funds from any lawful source are made available for the purpose of, paying any principal of or interest on of the Bonds, so as to enable the abatement of the taxes levied herein for the payment of same, the Corporate Authorities shall, by proper proceedings, direct the deposit of such funds into the Bond Fund and farther shall direct the abatement of the taxes by the amount so deposited. A certified copy or other notification of any such proceedings abating taxes may then be filed with the County Clerk in a timely manner to effect such abatement.— Section 12. Filing with County Clerk. Promptly, as soon as this Ordinance becomes effective, a copy hereof, certified by the Village Clerk of the Village, shall be filed with the County Clerk; and said County Clerk shall in and for each of the years as hereinabove set forth ascertain the rate percent required to produce the aggregate tax hereinbefore provided to be levied in each of said years and in said County; and said County Clerk shall (to the extent said tax has not been abated as provided herein) extend the same for collection on the tax books in connection with any other taxes that may be levied in said corporate purposes of the Village; and in said years such rc by and for and on behalf of the Village in like manner collection of taxes for general corporate purposes for said amount, and in addition to and in excess of all other taxes. years in and by the Village for general nnual tax shalt be levied and collected as provided by law for the levy and years, without limit as to either rate or Section 13. Sale of Bonds. The Bonds shall be executed as in this Ordinance provided as soon after the passage hereof as may be, shall be deposited with the Village Treasurer, and shall be delivered to the Purchaser upon the payment of the Purchase Price. The contract for the sale of the Bonds to the Purchaser as presented to the Corporate Authorities at this meeting (the A -25 "Purchase Contract") is hereby in all respects ratified; approved and confirmed, it being hereby - declared that no person holding any office of the Village, either by election or appointment, is in any manner financially interested, either directly in his own name or indirectly in the name of any other person, association, trust or corporation, in such contract. The Preliminary Final Official Statement of the Village, dated August _. 2009, relating to the Bonds and heretofore presented to the Corporate Authorities, is hereby ratified and approved. The Final Official Statement of the Village, dated within seven days of the date of sale of the Bonds, relating to the Bonds' (the "Final Official Statement "), presented to the Corporate Authorities at this meeting is hereby approved, and the-Purchaser is hereby authorized on behalf of the Village to distribute copies of the Final Official Statement to the ultimate purchasers of the Bonds. The Designated Officers are hereby further expressly authorized to take any action as may be required on the part of the Village to consummate the transactions contemplated by the Purchase Contract, this Ordinance, said Preliminary Official Statement, said final Official Statement, and the Bonds, including, specifically, the execution of a tax certificate as prepared by Bond Counsel, the Escrow Agreement and customary closing documents, their execution thereof to constitute ratification of the terms and provisions thereof by the Corporate Authorities without any further official action or direction thereby. Section 14. Creation of Funds and Appropriations. A. Accrued interest on the Series 2009A Bonds shall be and is hereby appropriated for the purpose of paying first interest due on the, Series 2009A Bonds, and to such end is hereby ordered to be deposited into the Bond Fund. B. The sung necessary, shall be used to pay costs of issuing the Bonds and to that end shall be depositedL into an Expense Fund, hereby created, and shall be disbursed there from by the A -26 Treasurer from time to time as necessary. Any funds on deposit in the Expense Fund and not so disbursed within six months after issuance of the Bonds shall be transferred to the Bond Fund. C. ,,,Premium, if any; received upon the delivery of the Bonds and principal proceeds of the Bonds as is necessary, together with such money in the debt service funds for the Refunded Bonds, as may be advisable, for the purpose, shall be used to provide for the Refunding, pursuant to the provisions of an Escrow Agreement with the Escrow Agent, in the form as provided by Bond Counsel and approved by the Village Attorney, made a part hereof by this reference, and hereby approved; the officers appearing signatory to such Escrow Agreement are hereby authorized and directed to execute same, their execution to constitute conclusive proof of action in accordance with this Ordinance, and approval of all completions or revisions necessary or appropriate to effect the Refunding., Section 15. Rights and Duties of Bond Registrar. If requested by the Bond Registrar and Paying Agent, any Designated Officer is authorized to execute the Bond Registrar's and Paying Agent's standard form of agreement between the Village and the Bond Registrar and _ - Paying .Agent with respect to the obligations, and duties of the Bond Registrar and Paying Agent hereunder. In addition to the ,terms of such agreement or agreements and subject to modification thereby, the Bond Registrar and Paying Agent by acceptance of duties hereunder agree: (a) - to act as bond registrar; paying agent, authenticating agent, and transfer agent as respectively provided herein; (b) for the Bond Registrar; to maintain a list of Bondholders as set forth herein and to furnish such list to the Village upon request, but otherwise to keep such list confidential to the extent permitted by law; (c) for the Bond Registrar, to cancel and /or destroy Bonds which have been paid at maturity or upon redemption or submitted for exchange or transfer; A -27 (d) for the Bond Registrar, to furnish the Village at least annually a certificate , with respect to Bonds cancelled and/or destroyed; and (e) for the Bond Registrar, to furnish the Village at least annually an audit confirmation of Bonds paid, Bonds outstanding and payments made with respect to interest on the Bonds. The Village Clerk of the Village is hereby directed to file a certified copy of this Ordinance with the Bond Registrar and the Paying Agent. Section 16. - Bond Insurance. If the Bonds are issued with a commitment by a bond insurer to issue a financial guaranty or municipal bond insurance policy (a "Policy "), such commitment for the Policy shall be attached hereto as EXHIBIT A and shall be specifically incorporated into this Ordinance by this reference. As long as such Policy shall be in full force and effect, the Village and the Bond Registrar agree to comply with such usual and reasonable provisions regarding presentment and payment of the Bonds, subrogation of the rights of the Bondholders to the Bond Insurer when holding Bonds, amendment hereof, or other terms, all as set forth in said commitment. Section 17, Continuing Disclosure Undertaking,. The Designated Officers are hereby authorized to execute and deliver the Continuing Disclosure Undertaking, in substantially the form attached provided by Bond _Counsel and approved by the Village Attorney, to effect compliance with Rule 15c2 -12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934. When such Continuing Disclosure Undertaking is executed and delivered on behalf of the Village, it will be binding on the Village and the officers, agents, and ernployees of the Village, and the same are hereby authorized and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of such Continuing Disclosure Undertaking as executed and delivered. A -28 Notwithstanding any other provisions hereof, the sole remedies for failure to comply with such Continuing Disclosure Undertaking shall be the ability of the beneficial owner of any Bond to seek mandamus or specific perfortnanceby court order, to cause to the Village to comply with its obligations hereunder.; Section 18. Defeasance. Bonds which (a) are paid and cancelled, (b) which have matured and for which sufficient sums been deposited with the Paying Agent to pay all principal thereof and interest due thereon, or (c) for which sufficient U.S. funds and full faith and credit" obligations of the United States of America, obligations the timely payment of which are `- guaranteed by the United States Treasury, or certificates of participation in a trust comprised solely of full faith and credit obligations of the United States of America have been deposited with the Paying Agent or similar institution to pay, taking into account investment earnings on such obligations, all principal of and interest on Bonds when due at maturity or redemption, as applicable, pursuant to an irrevocable escrow or trust agreement, shall cease to have any lien on or right to receive or be paid from the 2009A Full Faith and Credit Taxes hereunder and shall no longer Have the benefits of any covenant for the registered owners of outstanding Bonds as set forth herein as such relates to lien and security of the outstanding Bonds. Section 19 Taxes Previously Levied. To the extent not previously abated, the taxes , previously levied for the year 2008' (collectible in 2009) to pay the Prior Note shall be used to effectuate the Refunding as provided in the Escrow Agreement, or to the extent not needed due to the issuance of the Bonds, shall be deposited into the Bond Fund and used to pay first interest coming due on the Bonds. Taxes 'levied for the year 2009 (collectible in 2010) and thereafter for the Prior .Note shall be abated. The Designated Officers are hereby expressly authorized to file an abatement certificate with the County Clerk, without further official action of the Corporate Authorities; to effectuate such abatement: A -29 Section 20. Publication of Ordinance. A full, true and complete copy of this Ordinance shall be published within ten days after passage in pamphlet form by authority of the Corporate Authorities. Section 21. Superseder and Effective Date . All ordinances, resolutions and orders, or L d d d 1" parts thereof; -m conflict herewith, are to the extent of such conflict here y superse e , an tus Ordinance 'shall be in full force and effect immediately upon its passage. AYES: NAYS: ABSENT: ADOPTED: This 14th day of September 2009. APPRovED: This 14th day of September 2009: President, Village of Morton Grove Cook Comity, Illinois - RECORDED In Village Records: This 14th day of September 2009. PUBLISHED in pamphlet form by authority of the President and Board of Trustees on March 23, 2009: Attest: Village Clerk, Village of Morton Grove - Cook County, Illinois [SEAL] A -30 STATE OF ILLINOIS ) .. _..) SS COUNTY OF COOK ) CERTIFICATION OF MINUTES AND ORDINANCE AND CERTIFICATION OF PUBLICATION IN PAMP14LET FORM I, the undersigned, do hereby certify that I am the duly qualified and acting Village Clerk of the Village of Morton Grove, Cook Comity, Illinois (the "Village"), and as such official I am the keeper of the official journal of proceedings, books, records, minutes and files of the Village and of the President and Board of Trustees (the "Corporate 4u.thorities ") thereof. I do further certify that the foregoing is a full., true and complete transcript of that portion of the minutes of the meeting of the President and Board of Trustees held on the 14th day of September 2009, insofar as the same relates to the adoption of an ordinance entitled: AN ORDINANCE providing for the issuance of Taxable General Obligation Refunding Bonds, Series 2009A, of the Village of Morton Grove, Cook County, Illinois, authorizing the execution of an escrow agreement in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. 4 true, correct and complete copy of which said ordinance as adopted at said meeting appears in the foregoing transcript of the minutes of said meeting. I do further certify that the deliberations of the Corporate Authorities on the adoption of said ordinance were taken openly;. that the vote on the adoption of said ordinance was taken openly; that said meeting was held at a. specified time and place convenient to the public; that notice of said meeting was duly given to all newspapers, radio or television stations and other news media requesting such notice; that an agenda for said meeting was posted on a day which was not a Saturday, Sunday or legal holiday for Illinois municipalities and at least 48 hours in advance of holding said meeting at the location where said meeting was held and at the principal office of the Corporate Authorities; that said agenda described or made a specific reference to said ordinance; that a true, correct and complete copy of said agenda as so posted is attached hereto; and that said meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended, and that the Corporate Authorities have complied with all of the provisions of said Act and said Code, except as validly superseded by the home rule powers of the Village, and with all of the procedural rules of the Corporate Authorities in the adoption of said ordinance. I do further certify that the Ordinance was published by authority of the Corporate Authorities in pamphlet form on the 14th day of September 2009, and the Ordinance as so published was on said date readily available for public inspection and distribution, in sufficient number to meet the needs of the general public, at my office as Village Clerk located in the Village. IN WMZSS WHEREOF I hereunto affix my official signature and the seal of the Village — this 14th day of September 2009. Village Clerk [SEAL] VILLAGE CLERK To ATTACH AGENDA -2- STATE OF ILLINOIS ) - ) SS COUNTY OF COOK ) VmEo /AUDIo ATTENDANCE CERTIFICATE I, the undersigned, do hereby certify that I am the duly qualified and acting Village Clerk of the Village of Morton Grove, Cook County, Illinois (the "Village "), and as such official I do further certify as follows: 1. That at the meeting of the President and Board of Trustees of the Village (the "Corporate Authorities") on the 14th day of September 2009 (the "Meeting "), attended the Meeting by video or audio conference. 2. That said member(s) of the Corporate Authorities was /were prevented from physically attending the Meeting because of the reason(s) as follows: MEMBER REASON' 3. That said tnember(s) of the Corporate Authorities notified me before the Meeting that he /she /they wished to attend the Meeting by video or audio conference 4. That attached hereto as Exhibit 1 is a true; correct and complete copy of the rules adopted by the Corporate Authorities for allowing a member of the Corporate Authorities to attend a meeting of the Corporate Authorities by video or audio conference. 5. That the Meeting was duly called, noticed and held in strict compliance with all of the provisions of the Open Meetings Act of the State of Illinois, as amended, except as said Act Section 7 of the Open Meetings Act of the State of Illinois, as amended, provides the following three reasons a person may be prevented from physically attending a meeting: (i) personal illness or disability; ? (ii) employment purposes or the business of the public body; or (iii) a family or other emergency. may be superseded by the home rule powers of the Village, and the ordinances, resolutions, rules, regulations and proceedings of the Corporate Authorities. N WITNESS WHEREOF, I hereunto affix my official signature and the official corporate seal of the Corporate Authorities, this 14th day of September 2009. Village Clerk -2- STATE OF ILLINOIS j SS COUNTY OF COOK. CERTIFICATE of FILING I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk of The County of Cook, Illinois, and as such officer I do hereby certify that on the day of , 2009, there was filed in my office a properly certified copy of an ordinance passed by the President and Board of Trustees of the Village of Morton Grove, Cook County, Illinois, on the 14th day of September 2009, and entitled: _ AN ORDINANCE providing for the issuance of Taxable General Obligation Refunding Bonds, Series 2009A, of the Village of Morton Grove, Cook County, Illinois, authorizing the execution of an escrow agreement in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds, and that the same has been deposited in the official files and records of my office. IN WITNESS WHEREOF I have hereunto affixed my official signature and the seal of The County of Cook, Illinois, this __ day of 2009. County Clerk of The County of Cook, Illinois [SEAL] Legislative Summary Ordinance 09 -16 AMENDING THE VILLAGE OF MORTON GROVE CODE SECTIONS 14-2114-3, 4-12L-1414-17G-75 5 -9 -1, 7-10-618-9-7,12-14-16, and 12 -16 -6 Introduction: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: September 14, 2009 This ordinance will approve miscellaneous text amendments to amend, update, and clarify the Village of Morton Grove Code primarily pertaining to fines and penalties. To ensure important sections of the Village's Municipal Code are up -to -date, current, and relevant. Last year the Village adopted a fine ordinance that is a comprehensive assemblage of the Village's fines and fees. To ensure accurate and appropriate utilization of this legislation, Village staff has reviewed the Village Code and now proposes minor amendments to correct, clarify certain provisions, and keep sections current. These proposed amendments will: I. Modify Section 1 -4 -2 to include fines for traffic and railroad violations and to give the Village greater flexibility in penalizing liquor and tobacco violations; 2. Modify Section 1-4 -3 by deleting part Bas this no longer applies; 3. Delete Section 4- 12L -14 in its entirety as this section no longer applies; 4. Modify Section 4 -17G -7 by removing the individual fine and adding language referencing Title 1, Chapter 4 for the penalty; 5. Modify Section 5 -9 -1 to include more detailed penalties for parking violations; 6. Modify Section 7 -10 -6 by removing the individual fine and adding language referencing Title 1, Chapter 4 for the penalty; 7. Delete Section 8 -9 -7 in its entirety as this section no longer applies; 8. Modify Section 12-14 -16 by removing the individual fine and adding language referencing Title 1, Chapter 4 for the penalty; and 9. Modify Section 12 -16-6 by adding language to give the Village additional flexibility in preventing and correcting violations. All Departments NIA N/A The Village through the normal course of business will implement these amendments. Approval as presented September 14, 2009, second reading required - Municipal Code Book change None Respectfully submitted: _ eppli F. Wade, Village Administrator Prepared by / e Reviewed by: Peter P. Falcone, Administrative Intern Teresa Hoffman Liston, Corporation Counsel AN ORDINANCE AMENDING TITLE 1, CHAPTER 4, SECTION 2 ENTITLED MONETARY PENAL TIES AND FINES FOR SPECIFIC VIOLATIONS AND OFFENSES; TITLE 1, CHAPTER 4, SECTION 3 ENTITLED STIPULATED SETTLEMENT; TITLE 4, CHAPTER 12L, SECTION 14 ENTITLED PENALTY, TITLE 4, CHAPTER 17G, SECTION 7 ENTITLED PENALTIES; TITLE 5, CHAPTER 9, SECTION 1 ENTITLED PROHIBITED PARKING; TITLE 7, CHAPTER 10, SECTION 6 ENTITLED ENFORCEMENT, TITLE 8, CHAPTER 9, SECTION 7 ENTITLED PENALTIES; ENFORCEMENT; TITLE 12, CHAPTER 14, SECTION 16 ENTITLED PENALTIES FOR VIOLATION; TITLE 12, CHAPTER 16, SECTION 6 ENTITLED VIOLATION, PENALTY, AND ENFORCEMENT; WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village is continuously reviewing and as it deems necessary updating existing Municipal Codes (Code) to assure they are kept current and relevant; and WHEREAS, Village staff, especially the Police Chief and Corporation Counsel have reviewed and reorganized the Village's fine codes with the intent to reconcile inconsistencies and reformat this ordinance in an easier to read, more user friendly format; and WHEREAS, Village staff has proposed the following modifications to the Municipal Code to update and clarify various fines, penalties and procedures including: 1. Modify Section 1 -4 -2 to include fines for traffic and railroad violations and to give the Village greater flexibility in penalizing liquor and tobacco violations; 2. Modify Section 1 -4 -3 by deleting part B as this no longer applies; 3. Delete Section 4- 12L -14 in its entirety as this section no longer applies; 4. Modify Section 4 -17G -7 by removing the individual fine and adding language referencing Title 1, Chapter 4 for the penalty; 5. Modify Section 5 -9 -1 to include more detailed penalties for parking violations; 6. Modify Section 7 -10 -6 by removing the individual fine and adding language referencing Title 1, Chapter 4 for the penalty; 7. Delete Section 8 -9 -7 in its entirety as this section no longer applies; 8. Modify Section 12 -14 -16 by removing the individual fine and adding language referencing Title 1, Chapter 4 for the penalty; and 9. Modify Section 12 -16 -6 by adding language to give the Village additional flexibility in preventing and correcting violations. WHEREAS, the proposed text amendments are in the Village's best interest and results in a streamlined, more user friendly reorganization of the Village Code sections which relate to violations and fines; and NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 1, Chapter 4, Section 2 entitled Monetary Penalties and Fines for Specific Violations and Offenses; is amended as follows: 1 -4 -2: MONETARY PENALTIES AND FINES FOR SPECIFIC VIOLATIONS AND OFFENSES: The minimum and maximum monetary penalty for violations of the following code sections, or offenses referenced therein shall be as follows: Code Section Description Of Violation Penalty I4 -3 -14F IFailure to post surgeon general warning sign 1$20.00 - $1.00.00 4- 3 -19C9a Finding of guilty by local liquor control commission - -$25.00- $1,000.00 and /or first violation suspension and revocation of i licenses and payment of fees and costs 14- 3 -19C9a Finding of guilty by local liquor control commission - $50.00 - $2,500.00 and /or second violation suspension and revocation of licenses and payment of fees and costs ,4- 3 -3 -19 Finding of guilty by local liquor control commission - $75.00 - $5,000.00 an d/or third violation suspension and revocation of licenses and payment of fees and costs 4 -3 -20C - -_ Sale of alcohol without license -first violation $100.00 - $1,000.00 4 -3 -20C Sale of alcohol without license - second violation $250.00 - $1,500.00 14 -3 -20C Sale of alcohol without license --third violation $500.00 - $2,500.00 4 -3 -20D False statement in attempt to obtain liquor license - first $75.00 - $500.00 violation I4 -3 -201) False statement in attempt to obtain liquor license - $250.00 - $1,500.00 second violation j4- 3 -3 -20 False statement in attempt to obtain liquor license - third 1$500.00 - $2,500.00 violation i4 -3 -20E Underage purchase, etc., of alcohol $75.00 - $1,000.00 14 -3 -20F All other violations of liquor control act by nonlieensee 1$100.00 - $5,000.00 14 -3 -20G All other violations of liquor control act by licensee - $100.00 - $100.00 Ifirst violation All other violations of liquor control act by licensee - $150.00 - $1,500.00 14-3-21G second violation 14 -3 -20G All other violations of liquor control act by licensee - $500.00 - $2,500.00 third and subsequent violations 14 -5 Violations of tobacco dealers - first violation $200.00 - $750.00 4 -SA -9B Violations of tobacco dealers - second violation $350.00 - $1,000.00 and/or I to 10 day suspension 4 -5 9 Violations of tobacco dealers -third and subsequent $500.00 - $2,500.00 and /or 10 violations to 60 day suspension 4 -5A -9 ISale of tobacco without a license 1$500.00 to $2,500 4 -15 -3 IViolations of garage and yard sales $20.00 - $750.00 Administrative fees related to immobilization, towing, $500.00 and impoundment 5 -4 -10 -1D Violations of motor driven scooter - first violation - - -_ $50.00 - $100.00 5- 4 -10 -11) IViolations of motor driven scooter - second violation $100.00 - $750.00 I5 -4 -16 Violations of railroad crossing regulations Fs--- 250.00 - $750.00 5 -4 -18D Driving while under the influence of alcohol, other drug, $250.00 - $2,500.00 or combination thereof 5 -4 -19 Violations suitable for enforcement by compliance $50.00 - paid within 14 days; i citation $100.00 - paid after 14 days 5 -8 -7B Violations of weight restrictions measured by weight $100.00 Up to and including 2000 pounds overweight 5 -8 -78 From 2001 through 2500 pounds overweight $270.00 5-8 -7B From 2501 through 3000 pounds overweight $330.00 5 -8 -7B From 3001 through 3500 pounds overweight $520.00 5 -8 -7B From 3501 through 4000 pounds overweight 1$600.00 15 -8 -713 IFrom 4001 through 4500 pounds overweight $850.00 5 -8 -78 Ifrom 4501 through 5000 pounds overweight $950.00 5 -8 -713 From 5001 or more pounds overweight Fine shall be computed by assessing $1500 for the first 5000 pounds overweight; 1 $150 for each additional increment of 500 pounds overweight or fraction thereof. 5 -8 -7C Violations of weight restrictions measured by license x$250.00 , 1plate designation - H license plate designation 5 -8 -7C IJ license plate designation 1$500.00 5 -8 -7C K license plate designation 000-00 5 -8 -7C -1$, L license plate designation 1$1,50 15 -8 -7C N license plate designation 1$1,750.00 �5 -8 -7C IP license plate designation 1$2,000.00 5 -8 -7C Q license plate designation 1$2,250.00 {5 -8 -7C R license plate designation 1$2,500.00 i5 -8 -7C S license plate designation $2,750.00 5 -88 -7C I license plate designation 1$3,000.00 5 -8 -7C IV license plate designation $3,250.00 15 -8 -7C X license plate designation 1$3,500.00 i5- 8 -8 -7 z license plate designation 1$3,750.00 5 -9 -9 Violations of prohibited parking $30.00 - paid within 14 days; $60.00 - paid after 14 days 5- 95 -9 -1B Violations of prohibited parking $30.00 - paid within 14 days; $60.00 - paid after 14 days IT 5 -9 -1C Violations related to parking in, by or near fire hydrants, $100.00 - paid within 14 days; designated fire lanes, and fire department stations $200 - paid after 14 days 15 -9 -2 Violations of restricted time parking $30.00 - paid within 14 days; $60.00 - paid after 14 days 5 -9 -3 Violations of commercial and recreational parking $30.00 - paid within 14 days; $60.00 - paid after 14 days 5-9-4 Violations of restricted parking areas $30.00 - paid within 14 days; 1$60.00 - paid after 14 days 5 -9 -5 Violations of parking restrictions, limitations $30.00 - paid within 14 days; $60.00 - paid after 14 days Violations of loading zones $30.00 - paid within 14 days; $60.00 - paid after 14 days 5 -9 -7 Violations of parking provisions for persons with j$250.00 - paid within 14 days; disabilities j$350.00 - paid after 14 days 5 -9 -9 Violations of municipal parking zones $20.00 - paid within 14 days; $40.00 - paid after 14 days 15 -9 -10 Violations of electronic fare collection devices $20.00 - paid within 14 days; $40.00 - paid after 14 days 5 -12 -5 Violation of snow removal section 5 -12 -1 of this code $25.00 - $750.00 5 -12� 5 lViolation of snow removal section 5 -12 -4 of this code 1$25.00 - $750.00 5 -1317-1 Violations of no parking streets $30.00 - paid within 14 days; 1$60.00 - after 14 days paid I5 -1317-2 Violations of no parking during certain hours $30.00 - paid within 14 days; 1$60.00 - paid after 14 days 5 -13F -3 Violations of time limit parking zones $30.00 - paid within 14 days; 1$60.00 - paid after 14 days 5 -1317-4 Violations of restricted parking streets 00 - paid within 14 days; F 00 -paid after 14 days 5 -13G -1 { Violations of snow route streets $30.00 - paid within 14 days; 1$60.00 - paid after 14 days 5 -13L -1 Violations of no truck parking $30.00 - paid within 14 days; $60.00 - paid after 14 days -13L -2 Violations of no commercial vehicle parking $30.00 - paid within 14 days; I5 1$60.00 - paid after 14 days i5 -13M -1 Violations of parking zones for buses $30.00 -paid within 14 days; $60.00 - paid after 14 days 6 -1 -3C Prohibition of vandalism, trespass or misuse of private $25.00 - $750.00 plus property; parental responsibility established restitution - 6 -3� l A -Use, possession or providing prohibited smoking $100.00 paraphernalia - first violation--- F6-3-IA lUse, possession or providing prohibited smoking ,$150.00 - $750.00 1paraphemalia - second violation I6 -4 -8M Additional fine if in noncompliance of vicious animals $500.00 6- 4 -4 -16 Violations of animal control - first violation 1$75.00 - $750.00 '6 -4 -16 Violations of animal control - second violation 1$100.00 - $750.00 I6 -4 -16 Violations of animal control - third violation $200.00 - $750.00 7 -4 -717 Violations of sprinkler regulations - first violation $25.00 ,7 -4 -717 Violations of sprinkler regulations - second violation $100.00 ,7 -4 -71F Violations of sprinkler regulations - t ird violation 1 §150.00 8 -6 -2D Violations of detergent restrictions - first violation $75.00 - $750.00 8 -6 -2D Violations of detergent restrictions - second and $250.00 - $2,500.00 (Ord. 08 -22, 5 -12 -2008) SECTION 3: Title 1, Chapter 4, Section 3 entitled Stipulated Settlement; is amended as follows: 1 -4 -3: STIPULATED SETTLEMENT: A. The Village Administrator or his /her designee is authorized and given discretion to settle citations for violations of this Code or any Village ordinance by accepting on behalf of the Village a fine less than the amount specified in this Chapter or any Village Ordinance and /or to establish settlement dates for each such violation. For violations where a showing of compliance is applicable, settlement as provided for in this section shall only be authorized upon a showing of compliance. The Village Administrator may establish procedures for the issuance of notices of violations requiring appearance at an administrative hearing or court not in addition to those procedures set forth in this Code. Under extraordinary circumstances, the Village Administrator or his/her designee may wave a fine pursuant to his/her written discretion. SECTION 4: Title 4, Chapter 12L, Section 14 entitled Penalty; is deleted in its entirety: SECTION 5: Title 4, Chapter 17G, Section 7 entitled Penalties; is amended as follows: subsequent violations 8 -9 -4 -A Violations of Smoke Free Morton Grove Ordinance $75.00 - $750.00 or penalty provided in 410 ILCS 82/1 whichever is greater -9 -4 -B Violations of Smoke Free Morton Grove Ordinance $100.00 - $500.00 or penalty i8 (Business) - first violation provided in 410 ILCS 82/1 whichever is greater 118 -9 -4 -B Violations of Smoke Free Morton Grove Ordinance $200.00 - $750.00 or penalty ' (Business) - second violation provided in 410 ILCS 82/1 whichever is greater j8 -9 -4 -B Violations of Smoke Free Morton Grove Ordinance $500.00 - $2,500.00 or (Business) - third violation penalty provided in 410 ILCS 82/1 whichever is greater 18 -10-6 Violations of local emergency energy plan 1$25500.00 - $10,000.00 10 -13 -7 — Violations of fair housing $1,000.00 - $5,000.00 12 -14 -16 Violations of flood damage prevention $75.00 - $1,000.00 (Ord. 08 -22, 5 -12 -2008) SECTION 3: Title 1, Chapter 4, Section 3 entitled Stipulated Settlement; is amended as follows: 1 -4 -3: STIPULATED SETTLEMENT: A. The Village Administrator or his /her designee is authorized and given discretion to settle citations for violations of this Code or any Village ordinance by accepting on behalf of the Village a fine less than the amount specified in this Chapter or any Village Ordinance and /or to establish settlement dates for each such violation. For violations where a showing of compliance is applicable, settlement as provided for in this section shall only be authorized upon a showing of compliance. The Village Administrator may establish procedures for the issuance of notices of violations requiring appearance at an administrative hearing or court not in addition to those procedures set forth in this Code. Under extraordinary circumstances, the Village Administrator or his/her designee may wave a fine pursuant to his/her written discretion. SECTION 4: Title 4, Chapter 12L, Section 14 entitled Penalty; is deleted in its entirety: SECTION 5: Title 4, Chapter 17G, Section 7 entitled Penalties; is amended as follows: 4- 17G -7: PENALTIES: Any person found guilty of violating any provision of this article may, in addition to any tax or penalty due, be assessed a fine in accordance with Title 1 Chapter 4 of this Code. Each day a violation continues to exist shall be a separate offense. Citations for violations of this article shall be adjudicated by the village's administrative adjudication hearing officer, or at the choice of the village of Morton Grove, by any court of competent jurisdiction. (Ord. 08 -04, 3 -10 -2008, eff. 6 -1 -2008) SECTION 6: Title 5, Chapter 9, Section 1 entitled Prohibited Parking; is amended as follows: 5 -4 -1: PROHIBITED PARKING: A. No person shall permit any vehicle to stand in any of the following places at any time except when necessary to avoid conflict with other traffic or in compliance with the directions of a policeman or traffic signal: 1. On any sidewalk or parkway; 2. At any place where the vehicle could block the use of any public or private driveway; 3. Within any intersection; 4. On a crosswalk; 5. Within twenty feet (20') of any intersection or crosswalk; 6. Within thirty feet (30') of the approach to a traffic control signal and flashing beacon, or stop sign; Between a safety zone and the adjacent curb or within thirty feet (30') of a point on the curb immediately opposite the end of a safety zone, unless a different length is provided for by ordinance and such safety zone is appropriately signposted; 8. Within fifty feet (50') of the nearest rail of a railroad grade crossing; 9. Alongside or opposite any street excavation or obstruction when such parking would obstruct traffic; 10. At any place where the standing of a vehicle will reduce the usable width of the roadway for moving traffic to less than eighteen feet (IT); 11. Upon any bridge or viaduct, or in any subway or tunnel or the approach thereto; 12. On the roadway side of any vehicle parked at the edge of the curb or street; 13. At any place where official signs prohibit parking. B. No person other than a police officer shall move a vehicle into any such prohibited area or away from a curb such distance as is unlawful or start or cause to be started the motor of any motor vehicle, or shift, change, or move the levers, brake, starting device, gears or other mechanism of a parked motor vehicle to a position other than that in which it was left by the owner or driver thereof, or attempt to do so. (1969 Code § 74.001) C. No person shall stop, stand or park any vehicle, or otherwise occupy or block any space designated by an official sign as a fire lane, or park within fifteen feet (15') of any fire hydrant, or park within fifteen feet (15') of a fire hydrant in a public parking lot or block or park so as to obstruct the primary or main access lane to or from a building, or park any vehicle within twenty feet (20') of the driveway entrance to any fire department station and on the side of the street opposite the entrance to any such station within seventy five feet (75') of such entrance, when properly signposted. Any owner or occupant of premises adjoining a fire lane, fire hydrant or access lane who allows such stopping, standing or parking shall also be guilty of a violation of this section. (1969 Code § 74.075) SECTION 7: Title 7, Chapter 10, Section 6 entitled Enforcement; is amended as follows: 7 -10 -6: ENFORCEMENT: A. Stop Work Order; Revocation Of Permit: In the event that any person holding a site development permit pursuant to this chapter violates the terms of the permit, or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the village engineer may suspend the site development permit upon written notice to the applicant by the village until the applicant corrects the violations and eliminates the adverse effects stated above. B. Violation And Penalties: No person or property owner shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this chapter. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and each day during which any violation of any of the provisions of this chapter is committed, continued or pennitted, shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine in accordance with Title 1 Chapter 4 of this Code with each day being deemed a separate offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this chapter shall be required to bear the expense of such restoration. The village is authorized but not obligated to restore the property at its discretion and shall be reimbursed from the person or owner of the property in violation of this code for expenses associated with restoring the property. (Ord. 08 -16, 5 -12 -2008) SECTION 8: Title 8, Chapter 9, Section 7 entitled Penalties; Enforcement; is deleted in its entirety: SECTION 9: Title 12, Chapter 14, Section 16 entitled Penalties For Violation; is amended as follows: 12- 14 -16: PENALTIES FOR VIOLATION: Failure to comply with the requirements of a permit or conditions of a variance resolution shall be deemed to be a violation of this chapter. Upon due investigation, the building commissioner may determine that a violation of the minimum standards of this chapter exist. The building commissioner shall notify the owner in writing of such violation. A. If such owner fails after ten (10) days' notice to correct the violation: 1. The village may make application to the circuit court for an injunction requiring conformance with this chapter or make such other order as the court deems necessary to secure compliance with this chapter. 2. Any person who violates this chapter shall, upon conviction thereof, be fined in accordance with Title 1 Chapter 4 of this Code for each offense. 3. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. 4. The village may record a notice of violation on the title to the property. B. The building commissioner shall inform the owner that any such violation is considered a wilful act to increase flood damages and, therefore, may cause coverage by a standard flood insurance policy to be suspended. C. Nothing herein shall prevent the village from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible. (Ord. 08- 28, 8 -1.1 -2008) SECTION 10: Title 12, Chapter 16, Section 16 entitled Violation, Penalty, And Enforcement; is amended as follows: 12 -16 -6: VIOLATION, PENALTY, AND ENFORCEMENT: Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter, shall, upon conviction, be fined in accordance with title 1. chapter 4 of this code for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. In addition to the penalties listed above, the Village may institute appropriate actions to prevent or correct violations of any provision of this chapter. (Ord. 08 -22, 5 -12- 2008) SECTION 11: 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 by any reason by a court of competent jurisdiction, the remaining sections, terms, provisions, and conditions, shall remain in full force and effect. SECTION 12: In the event this ordinance or any code amendment herein is in conflict with any statute, ordinance, or resolution or part thereof, the amendments in this ordinance shall be controlling and shall supersede all other statutes, ordinance, or resolutions but only to the extent of such conflict. Except as amended in this ordinance, all chapters and sections of the Village of Morton Grove Village Code are hereby restated, readopted, and shall remain in full force and effect. SECTION 13: 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 12'h day of October 2009. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED by me this 12th day of October 2009. Dan Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 130' day of October 2009. Tony Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 09 -47 AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGES OF MORTON GROVE, NILES, AND SKOKIE FOR MUTUAL AID AMBULANCE BILLING Introduced Synopsis: Purpose: Background: Department Effected: Fiscal Impact: Source of Funds: Administrator Recommendation: First Reading: Respectfully submitted: Prepared by: September 14, 2009 This Resolution authorizes the execution of an Intergovernmental Agreement (IGA) in order to bill for ambulance service when delivered at the mutual aid request of Niles or Skokie. This IGA will authorize the assessment of resident ambulance service fees for residents of Niles or Skokie when a Morton Grove ambulance responds to a request for mutual aid in either community, and will authorize the assessment of resident rates when a Niles or Skokie ambulance responds to a request for mutual aid within the Village of Morton Grove. The actual fee structure was established by previously enacted Ordinance 08 -08. The Villages of Morton Grove, Niles and Skokie render emergency medical services and ambulance transportation for persons within the other communities when the ambulance unit or crews from one of the fire departments are unavailable pursuant to long standing mutual aid agreements. Each Village has also enacted ordinances that establish fees for ambulance services, various rescue activities and service calls within their respective communities. All three communities have identical pricing rate structures. These pricing structures provide a reduced rate for residents of the respective community and stipulate that each Village will accept payment assigned by a qualifying insurance carrier (Medicare, Medicaid, or a private insurance carrier) for ambulance services rendered to a resident as full satisfaction of any amount due. As part of the three communities' mutual aid agreement(s), an intergovernmental agreement has been formulated which provides that, during mutual aid events, residents of the requesting community shall be charged the resident rate. Therefore, in circumstances when Niles or Skokie request the response of a Morton Grove ambulance to their community to service a resident, the Village of Morton Grove will bill the resident from Niles or Skokie as if they were a resident of the Village of Morton Grove. Likewise, when a Niles or Skokie ambulance responds to a mutual aid request within the Village of Morton Grove, the Morton Grove resident will be charged a resident rate for such services. Fire Department In 2008, Village of Morton Grove ambulances responded to approximately 300 ambulance alarms in Niles and Skokie. This agreement will allow the assessment of service fees for these responses. No expenditure is necessary. Approval as presented Not Required Joseph F. Wade, Village Administrator Fire Chief Tom Friel Reviewed by: _ Teresa Corporation Counsel P4 TA ! 1 WN AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND THE VILLAGES OF NILES AND SKOKIE TO ALLOW ASSESSMENT OF AMBULANCE FEES FOR MUTUAL AID SERVICES WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its goverrmment affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Villages of Niles and Skokie, Illinois are home rule units of local government located in Cook County, Illinois; and WHEREAS, the Constitution of the State of Illinois, Article VII, Section 10, and the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq (2000) provide authority for municipalities to join together and combine in the exercise of their powers; and WHEREAS, the fire departments of the Villages of Morton Grove, Niles, and Skokie (the Villages) routinely provide Emergency Medical Service (EMS) mutual aid assistance to each other on an "as needed" basis; and WHEREAS, the Villages of Morton Grove, Niles, and Skokie, each bill fees for ambulance services according to a fee schedule established by ordinance in each community and appropriately applied to their residents and non - residents; and WHEREAS, the Villages of Morton Grove, Niles and Skokie desire to enter into an Intergovernmental Agreement so when responding to a mutual aid call within any of three communities, the residents of all three communities will be charged resident rates for such service calls; and WHEREAS, the Office of Inspector General of the United States Department of Health and Human Services has indicated this Mutual Aid Agreement is in compliance with federal statutes. NOW, TItEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village President is hereby authorized to execute, and the Village Clerk is hereby authorized to attest to an Intergovernmental Agreement between the Village of Morton Grove and the Villages of Niles and Skokie allowing for the assessment of ambulance service fees in substantial conformity to the agreement attached hereto as "Exhibit I ". SECTION 3: The Village Administrator, Fire Chief and/or their designees are hereby authorized to take all steps necessary to implement the aforementioned Intergovernmental Agreement. SECTION 4: This Resolution shall be in full force and effect upon its passage and approval. PASSED this 14th day of September 2009. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 14th day of September 2009. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and PILED in my office this 15`{' day of September 2009. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois MUTUAL. AIL) AGREEMENT EMERGENCY MEDICAL SERVICE (EMS) BILLING THIS MUTUAL AID AGREEMENT ( "Agreement ") made this _ day of 2009, by and between the Villages of Morton Grove, Niles and Skokie, each located in the State of Illinois. WHEREAS, Morton Grove, Niles and Skokie (each individually a "Village ", and, collectively, the "Villages ") are all geographically near one another, and ` WHEREAS, Morton Grove, Niles and Skokie each render Emergency Medical Services and ambulance transportation services for persons within one of the other Villages when the ambulance unit or crew from one of the other Villages is unavailable, and WHEREAS, Morton Grove, Niles and Skokie have enacted ordinances implementing identical pricing structures for emergency medical services. NOW, THEREFORE, the parties wish to have a mutual aid agreement as set forth below: 1. Mutual Aid - It is the purpose of the Agreement that, if the ambulance from one of the Villages --is unavailable, the-ambulance service from one of the other Villages, pursuant to Mutual Aid Box Alarm Agreement dated on or about June 27, 19 89, shall assist and provide emergency ambulance transportation, whenever possible. 2. Rates - Currently, each Village has the same pricing structure as follows: Resident BLS $500.00 ALS -1 700.00 ALS -2 950.00 ALS /BLS Mileage 15.00 per mile Non- Resident BLS ALS -1 ALS -2 ALS /BLS Mileage 3. Definitions $650.00 950.00 1,150.00 15.00 per mile a. Resident. A "Resident' is a patient who maintains a primary residence with a mailing address located in one of the Villages. b. Requesting Jurisdiction: The "Requesting Jurisdiction" is the Village requesting Mutual Aid. C. Responding Jurisdiction: The "Responding Jurisdiction' is the Village providing Mutual Aid. 4. Billing - When an ambulance owned and operated by one of the Villages responds to a request for Mutual Aid from one of the other Villages and transports any patient pursuant to said request, it is agreed that the Village that transports the 5. patient is authorized to bill that patient in accordance with the rate structure of the Requesting Jurisdiction, in effect at the time of transport. Insurance Assignment: A: Residents of the Responding Jurisdiction Each Village shall accept payment assigned by a qualifying insurance carrier (Medicare, Medicaid, or private) for ambulance services rendered to all residents of the Responding .Jurisdiction, regardless of the location at which the Responding Jurisdiction provided treatment or transportation. Amount(s) billed in excess of that paid by the resident's insurance carrier are considered "co- payment." Each Village has elected to accept its own residents' payment of applicable taxes as satisfaction of any co- payment obligations. B. Residents of the Requesting Jurisdiction: The Villages agree that in the event a Village responds to a request for Mutual Aid and transports a Resident of the Requesting Jurisdiction, the Responding Village shall accept insurance assignment in full satisfaction of all amounts owed for ambulance transportation service provided to the Resident of the Requesting Jurisdiction. C. Other Patients. If a patient is not a Resident of either the Requesting or Responding Jurisdiction, the Villages will charge the patient the Non - Resident rate in effect at the time of transport. 6. Counterparts - This Agreement may be executed in counterparts, each of which shall be deemed an original and such counterparts shall together constitute and be one and the same instrument. IN WITNESS WHEREOF, each of the Villages has executed this Agreement as of the day and year first above written. MORTON GROVE: Name: Title: NILES: Nave: Title: SKOKIE: Name: Title: 2 Attested By: Title: Attested By: Title: Attested By: Title: I,e�s9:xt v`L Stgaarn.I. . E AMENDING TITLE 9, CI1APTER2, SECTION 2, OF THE VILLAGE OF MORTON GROVE MUNICIPAL CODE ENTITLED "AUTOMATIC EIRE EXTINGUISHMEltiT" Introduced Objective Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: September 14, 2009 To amend Title 9, Chapter 2, Section 2, of the Village Municipal Code entitled "Automatic Fire Extinguishment" to insure this Section is consistent with current procedures and Illinois lavv. This ordinance will strengthen and clarify Village ordinances with respect to fire sprinkling systems and associated equipment and devices.. The Village, as part of its regular review of its Municipal Code has reviewed Title 9, Chapter 2, Section 2 entitled "Automatic Fire Extinguishment ". The Captain of the Fire Prevention Bureau has recommended this Chapter of the Code be updated to strengthen Village ordinances related to procedures for regulating fire sprinkling systems and associated equipment and devices in places of public assembly including institutional and educational facilities. _ Fire Department The fiscal impact could vary depending on the number of violations that are ultimately prosecuted. Not applicable. Impact for the administration and enforcement of this ordinance will be handled by the Fire Department during their normal course of duties. Approval as presented. Required — code amendment None '/ �� r Administrator Approval__ _(/ Y -- ____ -- Reviewed b r2t�� y:. Josepl F. W" de, Village Administrator Torn Friel, Fir Chief Prepared by: — �!�!� � =� o Reviewed by S r'�G William Porter, Captain, Fire Department �$eretfrnan Li o� rporaiion Counsel ORDINANCE 09 I9 --- - - -- - - - --- - - - - -- - -- AMENDING TITLE 9, CI1APTER2, SECTION 2, OF THE VILLAGE OF MORTON GROVE MUNICIPAL CODE ENTITLED "AUTOMATIC EIRE EXTINGUISHMEltiT" Introduced Objective Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: September 14, 2009 To amend Title 9, Chapter 2, Section 2, of the Village Municipal Code entitled "Automatic Fire Extinguishment" to insure this Section is consistent with current procedures and Illinois lavv. This ordinance will strengthen and clarify Village ordinances with respect to fire sprinkling systems and associated equipment and devices.. The Village, as part of its regular review of its Municipal Code has reviewed Title 9, Chapter 2, Section 2 entitled "Automatic Fire Extinguishment ". The Captain of the Fire Prevention Bureau has recommended this Chapter of the Code be updated to strengthen Village ordinances related to procedures for regulating fire sprinkling systems and associated equipment and devices in places of public assembly including institutional and educational facilities. _ Fire Department The fiscal impact could vary depending on the number of violations that are ultimately prosecuted. Not applicable. Impact for the administration and enforcement of this ordinance will be handled by the Fire Department during their normal course of duties. Approval as presented. Required — code amendment None '/ �� r Administrator Approval__ _(/ Y -- ____ -- Reviewed b r2t�� y:. Josepl F. W" de, Village Administrator Torn Friel, Fir Chief Prepared by: — �!�!� � =� o Reviewed by S r'�G William Porter, Captain, Fire Department �$eretfrnan Li o� rporaiion Counsel ORDINANCE 09 -19 AMENDING TITLE 9, CHAPTER 2, SECTION 2 OF THE VILLAGE OF MORTON GROVE MUNICIPAL CODE ENTITLED "AUTOMATIC FIRE EXTINGUISHMENT" WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois is a home rule unit of government under the provisions of Article 7 of the Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village has a policy of regularly reviewing and revising its Municipal Codes, as necessary, to insure the provisions of the Code remain compliant with contemporary statutes and relevant to the current operations and requirements within the Village; and WHEREAS, the Fire Prevention Bureau of the Morton Grove Fire Department reviewed Title 9, Chapter 2, Section 2 in order to insure this Chapter is consistent with current procedures and Illinois law and it has been determined certain clarifications would be beneficial especially those relating to the Village's existing procedures for regulating fire sprinkling systems and associated equipment and devices in places of public assembly including institutional and educational facilities; and WHEREAS, it is the staff's recommendation Title 9, Chapter 2, Section 2 be amended to update and clarify those regulations with respect to fire sprinkling systems and associated equipment and devices as set forth in this Ordinance. WHEREAS, in order to keep the Municipal Code current and in order to protect and preserve the health, safety, and welfare of persons within the Village of Morton Grove, it is reasonable, appropriate, and necessary to update. the Title 9, Chapter 2, Section 2 of the Municipal Code. NOW, THEREFORE, BE IT ORDAINED, BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 9, Chapter 2, Section 2 of the Municipal Code of the Village of Morton Grove entitled Automatic Fire Extinguishment is hereby amended to now read as follows: 9 -2 -2: AUTOMATIC FIRE EXTINGUISHMENT: A. Definitions: Unless otherwise expressly stated, definitions of terms used in this code shall be consistent with meanings Listed in the most current edition of the village building code. (See subsection 9 -1 -1B of this title and section 10 -1 -1 of this code.) B. Codes Adopted: For the purpose of prescribing regulations governing the installation of approved automatic fire sprinkler systems, that certain code known as NFPA standard 13 - standard for the installation of sprinkler systems, as recommended by the National Fire Protection Association, and adopted as part of the codes and standards in section 9 -1 -1 of this title. For the purpose of prescribing regulations governing the installation of approved automatic fire sprinkler systems, that certain code known as NFPA standard 13R - standard for the installation of sprinkler systems in residential occupancies up to four stories in height, as recommended by the National Fire Protection Association, and adopted as part of the codes and standards in section 9- 1-1 of this title. For the purpose of prescribing regulations governing the installation of approved automatic fire sprinkler systems, that certain code known as NFPA standard 13D - standard for the installation of sprinkler systems in one- and two - family dwellings and mobile homes, as recommended by the National Fire Protection Association and adopted as part of the codes and standards in section 9 -1- 1 of this title. Hydrostatically designed fire sprinkler systems shall be calculated so that the static pressure at the base of each riser shall be at least one hundred five percent (105 %) of the total required design pressure of the designated system. The owner, tenant, and /or lessee of every building or structure that is protected by an automatic fire sprinkler system shall be responsible for the care and maintenance of such system, including all associated equipment and devices, to ensure the safety and welfare of the occupants, Therefore, for the purpose of prescribing regulations covering the maintenance of automatic fire sprinkler systems, that certain code, known as NFPA standard 25 - recommended practice for the inspection, testing, and maintenance of sprinkler systems, as recommended by the National Fire Protection Association, and adopted as part of the codes and standards in section 9 -1 -1 of this title. C. Affected New Structures: Automatic fire sprinkler systems and associated equipment and devices as required by this code, shall be installed in all instances in the following structures: Throughout all high hazard buildings and properties, regardless of construction type, height, and/or area. Throughout all storage buildings regardless of construction type, height, and/or area. Throughout all factory and industrial buildings regardless of construction type, height, and/or area. Throughout all mercantile buildings over one thousand (1,000) square feet of gross floor area, regardless of construction type and /or height. Throughout all business buildings over one thousand (1,000) square feet of gross floor area, regardless of constriction type and/or height. Throughout all places of assembly including, but not limited to: theaters, halls, restaurants, nightclubs, churches, recreation centers, terminals, and structures of similar uses, regardless of construction type, height, and/or area. Throughout all institutional and educational occupancies as defined by codes and standards, as adopted under Section 9 -1 -1 of this Title. Throughout all hotels, motels and similar type structures regardless of construction type, height, and /or area. Throughout all basements, cellars and below grade areas regardless of occupancy classification, construction type; height and /or area. Exception: Detached single - family, unless specifically required under another adopted code. Throughout all public and private garages used for the storage and /or parking of motor vehicles, regardless of construction type,, height, and /or area. Exception: Garages of and that are accessory structures to detached single- family residences, unless specifically required under another adopted code. Throughout all buildings which do not have window openings, regardless of occupancy use, construction type, height and /or area. Throughout all multi - family residential structures, including apartment buildings, condominiums, townhouses, attached single- fancily and similar uses, regardless of construction type, height, and /or area: Throughout all healthcare facilities, residential type housing for the elderly, residential type housing for the mentally and /or physically impaired, hospitals, nursing homes, and buildings of similar uses, regardless of construction type, height, and /or area. Exception: Detached single- family: D. Existing Buildings: Except as otherwise provided in this section, buildings constructed under, and in full compliance with the codes in force at the time of construction and /or alteration thereof, and that have been properly maintained and in use as originally permitted, shall be exempt from this section. Any significant physical change; as determined by the building commissioner and the fire chief, or their designees to an existing structure, shall not be made except in conformity with this code. Any significant change, as determined by the fire chief or his designee, in occupancy use of an existing structure, whether necessitating a physical alteration or not, shall not be made in any existing building and/or structure unless it is brought into conformance with the provisions of this code which apply to new buildings of the proposed new use, regardless of construction type, height and/or area. E. Exempted Areas: Nothing herein shall be construed to require the installation of a water based fire extinguishing system in rooms and/or buildings devoted to the manufacturing and /or storage of materials where the application of water may cause and/or increase the spread of fire; nor in any location where the application of water may increase the hazard; nor shall it be construed to interfere with the substitution of a different type of extinguishing system that is approved by the fire chief or his designee. Nothing herein shall be construed to require the installation of afire sprinkler system in detached single- family residences, or in garages or other appurtenant structures to detached single - family residences, unless specifically required by another code adopted by the village. F. Required Alarm: All automatic fire extinguishing systems shall be connected to, and monitored by, the fire department communications center in a manner approved by the fire chief or his designee. G. Required Access: All buildings and structures that are protected by an automatic fire sprinkler system and /or an automatic fire detection system shall be required to purchase, install, and maintain an emergency key access system as prescribed and approved by the fire chief or his designee. Exception`. Detached single - family residences, attached single- family residences, townhomes, or any residential structure where the controls or control panel for an automatic fire sprinkler system or automatic fire detection system are located within living quarters. H. Drainage Required: Provisions shall be made for the discharge of overflow of water on every story of sprinklered buildings. A minimum of one 4 -inch floor drain or other approved means shall be provided and located at least eight feet (8') away from structural columns and walls for every five thousand (5,000) square feet of floor area. The installation of said floor drains shall comply with the adopted plumbing code of the village. I. Connection To Water: No auxiliary connection shall be made to fire sprinkler systems for any purpose and/or reason except for approved firefighting devices and /or appliances. J. Connection To Village Water Distribution System: Each fire sprinkler system shall be connected to and supplied by the village water distribution system. This connection shall be designed and installed in accordance with all applicable village health code requirements and in compliance with the Morton Grove department of public works standards. SECTION 3: This Ordinance is an exercise of the home rule authority of the Village of Morton Grove and is intended to and, to the fullest extent allowed by the constitution of the State of Illinois, shall be construed as to supersede' any contrary or conflicting state, county, or local rule or regulation. SECTION 4: I:f any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any total of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 5: In the event this ordinance or any part thereof is in conflict with any statute, ordinance, or resolution or part there, the amendments in this ordinance shall be controlling and shall supersede all other statutes, ordinances, or resolutions but only to the extent of such conflict. Except as to code ameridments set forth above in this ordinance, all chapters and sections of the Morton Grove Village Code as amended shall remain in full force and effect. SECTION 6: hi all other respects not inconsistent with. this ordinance, all Village Codes are hereby reaffirmed. SECTION 7: This ordinance shall be in full force and effect from and after its adoption, approval, and publication as provided by law. PASSED THIS '14`h day of September 2009. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS 14 °i day of September 2009, Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILES in my office This 15`x' day of September 2009. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 09 -48 A RESOLUTION AUTHORIZING THE ANNUAL VETERANS DAY PARADE Introduction: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: Respectfully submitted: C\ J Prepared by: September 14, 2009 This resolution will authorize the 2009 Veterans Day Parade on Dempster Street, Route 58, from 1:00 pm to 3:00 pm on Sunday, November 8, 2009, which will require the closing of Dempster Street, Route 58, either partially or completely between Fernald Avenue and Austin Avenue. To authorize the Village President to instruct the Village Engineer to make application through the Illinois Department of Transportation to request the approval of the closing of Dempster Street, Route 58, from 1:00 pm to 3:00 pm on Sunday, November 8, 2009, for the Annual Veterans Day Parade The Village of Morton Grove has been conducting Veterans Day Parades for a great deal of time and each year a resolution of this nature is developed authorizing the parade and assuming full responsibility for the direction, protection, and regulation of traffic during the time the detour is in effect and all liabilities for damages of any kind occasioned by the closing of said state route. It is further agreed efficient all- weather detours will be maintained and continuously marked and jurisdictionally police patrolled for the benefit of the traffic deviated from the state route. Public Works — Placement of barricades and directional information Police Department— Enforcement and traffic control Overtime associated with above activities. General Fund dollars will be used to support the manpower and equipment costs All Village Departments will provide their usual support for this activity Approval None required None 1. Lf� village Administrator Corporation Counsel RESOLUTION 09 -48 AUTHORIZING THE ANNUAL VETERANS DAY PARADE WHEREAS, Morton Grove Post 134 of the American Legion of the Village of Morton Grove desires to hold their annual VETERANS DAY PARADE on Dempster Street, Route 58 from 1:00 p.m. to 3:00 p.m., on Sunday, November 8, 2009; and WHEREAS, said parade will require the closing of Dempster Street, Route 58, either partially or completely between Fernald Avenue and Austin Avenue; and WHEREAS, the State of Illinois requires the Village of Morton Grove to assume all responsibility and liability involved in the closing of said highway. 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. That said Village will assume full responsibility for the direction, protection and regulation of traffic during the time the detour is in effect and all liabilities for damages of any kind occasioned by the closing of said State route. It is further agreed that efficient all weather detours will be maintained, conspicuously marked and judiciously police patrolled for the benefit of traffic deviated from the State route. Section 3. This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 14 "' day of September 2009 Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS 14'' day of September 2009 Daniel J. Staackmarm, Village Pre Village of Morton Grove Cook County, Illinois ATTESTED AND FILED in my office This 15`x' day of September 2009. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary ORDINANCE 04 -17 -- AMENDING TITLE 5, CHAPTER 1, OF THE VILLAGE OF MORTON GROVE MUNICIPAL CODE ENTITLED "TRAFFIC ADMINISTRATION AND ENFORCEMENT" Introduced September 14, 2009 Objective To amend Title 5, Chapter 1 of the Village Municipal Code entitled "Administration and Enforcement" to insure this Chapter is consistent with current procedures and Illinois law. Purpose: To update the Village's regulations in order to clarify current procedures for ordering the immobilization of vehicles, and administrative towing and impoundment. Background: The Village, as part of its regular review of its Municipal Code has reviewed Title 5, Chapter I entitled "Administration and Enforcement ". This ordinance updates the code provisions to regulate the Village's procedures for ordering the immobilization of vehicles, and administrative towing and impoundment. Programs, Departments Police Department and Legal Department or Groups Affected Fiscal Impact: The fiscal impact could vary depending on the amount of vehicles that are ultimately impounded, towed, and immobilized, and ultimately prosecuted. Source of Funds: Not applicable. Workload Impact: Impact for the administration and enforcement of this ordinance will be handled by the Police Department and Legal Department during their normal course of duties. Administrator Approval as presented. Recommendation: Second Reading: Required — code amendment Special Considerations or ' None Requirements: Administrator Approval Prepared by: rC / de, VdlageAdministrator Counsel Reviewed by: Mark Eric ,son, Police Chief ORDINANCE 09-17 AMENDING TITLE 5, CHAPTER I OF THE VILLAGE OF MORTON GROVE MUNICIPAL CODE ENTITLED TRAFFIC ADMINISTRATION AND ENFORCEMENT WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois is a home rule unit of government under the provisions of Article 7 of the Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village has a policy of regularly reviewing and revising its Municipal Codes, as necessary; to insure the provisions of the Code remain compliant with contemporary statutes and relevant to the current operations and requirements within the Village; and WHEREAS, at the direction of the Village President and Village Board of Trustees, the Village staff, in particular the Police Department and Corporation Counsel, have reviewed Title 5, Chapter 1 in order to insure this Chapter is consistent with current procedures and Illinois law and it has been determined certain clarifications would be beneficial especially those relating to the Village's existing procedures for ordering the immobilization of vehicles, and administrative towing and impoundment; and WHEREAS, it is the staff s recommendation Title 5, Chapter i be amended to update and clarify procedures, regulations, and notice provisions with respect to vehicle immobilization, and vehicle administrative towings as set forth in this Ordinance. WHEREAS, in order to keep the Municipal Code current and in order to protect and preserve the health, safety; and welfare of persons within the Village of Morton Grove, it is reasonable, appropriate, and necessary to update the Municipal Code. NOW, THEREFORE, BE IT ORDAINED, BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WIIEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabo've set forth. SECTION 2: Title 5, Chapter 1 of the Municipal Code of the Village of Morton Grove entitled Traffac Administration and Enforcement is hereby amended to now read as follows: CHAPTER 1 TRAFFIC ADMINISTRATION AND ENFORCEMENT SECTION: 5 -1 -1: Definitions 5 -1 -2: Officers' Authority for Enforcement 5 -1 -3 Violations, Procedures, Penalties 5 -1 -4: Experimental or Temporary Regulations Provided 5 -1 -5i Fine DEFINITIONS: Whenever in this traffic code the following terms are used, they shall have the meanings respectively ascribed to them in this section. ALLEY A highway of less than twenty four -feet (24') total width used primarily for delivery service. ` BICYCLE Every device propelled by human power upon which any person may ride, having two (2) tandem wheels either of which is more than sixteen inches (16 ") in diameter. BUSINESS DAY Any day in which the office of the Village Administrator of the Village of Morton. Grove is open to the public. BUSINESS DISTRICT The closely built up business portion of the municipality. CHIEF OF POLICE The Chief of Police of the Village of Morton Grove or his/her authorized designee CROSSWALK That portion of the roadway included within the prolongation of the sidewalk Iines at street intersections. _ DRIVER Any person who is in actual physical control of a vehicle. EMERGENCY VEHICLES Vehicles of the police and fire departments; ambulances; any vehicle conveying a state, county or municipal official or employee in response to an emergency call. EXPLOSIVE Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion,, or by detonation of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb. FARM TRACTOR FLAMMABLE LIQUID HOLIDAY IMPROVED HIGHWAY Every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry. Any liquid which has a flash point of seventy degrees Fahrenheit (70 °F) or less, as determined by a tagliabue or equivalent closed cup test. device. The following days only: January 1, the last Monday in May, July 4, the first Monday in September, December 25, and the day designated and set aside by the president of the United States as a day of'rhanksgiving. A roadway of concrete, asphalt, macadam or gravel. INTERSECTION The area embraced within the prolongation of the property lines of two (2) or more streets which join at an angle, whether or not streets cross. LANED HIGHWAY A street, the roadway of which is divided into three (3) or more clearly marked lanes for vehicular traffic. LOADING ZONE The space adjacent to a curb reserved for the exclusiveuse of vehicles during the loading or unloading of passengers or materials. METAL TIRE Every tire the-surface of which is in contact with the roadway is wholly or partly of metal or other hard, nonresilient material. MOTOR VEHICLE Every vehicle regardless of horsepower which is self - propelled and every vehicle which is propelled by electric power obtained from overhead wires, but not operated upon rails. MOTORCYCLE Every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor. OWNER OF A VEHICLE The registered owner, registered co- owner, or registered lessee of a motor vehicle, as registered with the Illinois Secretary of State or a comparable body if the vehicle is registered outside of Illinois. PARK. To stand a vehicle, whether occupied or not, for a period of time greater than is reasonably necessary for the actual loading or unloading of persons. PEDESTRIAN Any person afoot. PNEUMATIC TIRE Every tire. in which compressed air is designed to support the load. PROPER'T'Y LINE,, The line marking the boundary between any street and the lots of property abutting thereon. PUBLIC, BUILDINGS A building used by the municipality, the county, any part district, school district the state of Illinois, or the United States government. RIGHT -OF-WAY The privilege of the immediate use of the roadway. ROAD TRACTOR Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn. ROADWAY That portion of street designed or ordinarily used for vehicular traffic. SAFETY ZONE That. portion of a roadway reserved for the exclusive use of pedestrians, suitably marked or elevated. SCHOOL BUS Every motor vehicle owned by a public or governmental agency and operated for the transportation of individuals, predominantly children, to or from school that are privately owned and operated for compensation for the transportation of individuals; predominantly children to or from school, or any school activity. SEMITRAILER, Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. SIDEWALK That portion of a street between the curb line or roadway and the adjacent property line designated for pedestrian use. SOLID TIRE Every tire of'rubber or other resilient material which does not depend upon compressed air for the support of the load. STREET Every way set aside for public travel except footpaths. TRAFFIC Vehicles, street cars; pedestrians, and draft or herded animals using any street for travel: TRAILER Every vehicle without motive power designed for carrying passengers or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. TRUCh TRACTOR Every motor vehicle designed and used primarily for drawing other vehicles and .not -so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. URBAN DISTRICT The territory contiguous to and including any street which is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than one hundred feet (100') for a quarter mile or more. VEHICLE Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. YIELD RIGHT -OF -WAY When required by a sign authorized by an ordinance, this means the act of granting the privilege of the immediate use of the intersecting roadway to traffic within the intersection and to vehicles approaching from the right or left. (1969 Code § 71.001; amd. Ord. 70 -29, 12 -15 -1970) 5..1..2; OFFICERS' AIFTIiO ITY FOR ENFORCEMENT, A. Police; Obedience To: Members of the police department, and special police assigned to traffic duty, are hereby authorized to direct all traffic in accordance with the provisions of this traffic code, or in emergencies as public safety or convenience may require, and no person shall willfully Fail or refuse to comply with any lawful order, signal or direction of any police officer invested by law with:authority to direct, control, of regulate traffic, (1969 Code § 71.005) B. Firemen; Authority: The fire department officer in command, or any fireman designated by him, may exercise the powers and authority of a policeman in directing traffic at the scene of any fire or where the fire department has responded to any emergency call for so long as fire department - equipment is on the scene, in the absence of or in assisting the police. (1969 Code § 71.010) C. ` , Engineer; Traffic Control: The village engineer shall place and maintain traffic control signs, signals and devices when and as required under the traffic ordinances of this village to make - effective the provisions of said ordinances, and may place and maintain such additional traffic control devices as he may deem necessary to regulate traffic under the traffic ordinances of this village or under state law, or to guard or warn traffic. (1969 Code § 71.020) D. Police Direct Traffic: A police officer for the purpose of relieving traffic congestion or of controlling traffic during congested Hours or in case of emergency may undertake the control of ; traffic within or at an intersection at which traffic or control signals are installed. The orders and directions of such police officer shall supersede, for the period of time he is so controlling and directing traffic, the directions of such traffic control signals. (1969 Code § 71.050) E. Police Right of Entry: The law enforcement officials of the village are hereby authorized and empowered to enter upon private Property for the purpose of enforcing the requirements of this chapter. (Ord. 73 -31, 8 -7 -1973) 5 -1 -3: VIOLATIONS, PROCEDURES, PENALTIES# A. Arrest: Any person arrested for a violation of any provision of the traffic code shall be released upon proper bail being furnished as required by statute. 'R Tickets. For offenses other than driving while intoxicated or reckless driving, police officers, after making note of the license number of the vehicle (arid name of the offender where possible), may issue a traffic violation ticket notifying the offender to appear in court or before the village's adjudication hearing officer at the time designated. for hearing such cases. Such officer may sign a complaint for the issuance of a warrant if the offender does not appear at the time and place so specified: C. Prima Facie Proof: The fact that an automobile which is illegally parked is registered in the name of a person shall be considered to be prima facie proof that such person was in control of the automobile at the time of -such parking. D. Motor Vehicle lnmlobilization, 'Mowing and hnpoundment: 1. ' The Chief of Police is heIrebyauthorized to direct and supervise a program of vehicle immobilization as provided for in this subsection: This program of vehicle immobilization shail;provide for immobilizing of certain vehicles by placement of a restraint in such a mariner as to _prevent its operation. Should a. vehicle eligible for immobilization be parked or left in violation of any provision of this title concerning obstruction of traffic, ingress or egress from driveways, alleys, fire lanes, hydrants, stations, handicapped parking spaces, or in any place where it constitutes an obstruction or hazard, or where it impedes Village employees' during such operations as snow removal, the Chief of Police is hereby declared to bean"unlawful vehicle" as defined in Section 5 -7 -1 of this Code and said vehicle may, be towed innmediat'ely pursuant to Title 5, Chapter 7 of this Code. 2. " . Any and all vehicles of an owner who has on at least five (5) occasions been found to have violated any provision of Title 5 of this Code or any Code section or ordinance of the Village of Morton Grove by said owner and who has not paid the fines fees and or penalties assessed for three. (3) or more said violations within twenty -eight (28) days after being assessed is hereby declared an unlawful vehicle and may be towed pursuant to section S_ -.7 -5 of this Code and /or may be eligible for immobilization as provided in this subsection at" anytime so'long'as: a. At least twenty -one (21) days prior to immobilization, a notice of impending vehicle immobilization and towing has been sent to the owner by first class mail, postage prepaid, at the address of the owner, as recorded with the Secretary of State, or'in -the case of a vehicle bearing a registration number of a state other than Illinois, at the address of the registered owner recorded in that state's registry of motor vehicles. The notice shall state the name and address of the owner, the state registration number of the vehicle, a description of the Code sections and/or ordinances violated and the citation numbers and issue dates of the unpaid violations, and the fines, fees and penalties still due and owing as a result of said violations. The- notice - shall state the vehicle is subject to immobilization and/or towing unless- the unpaid fines, fees, and penalties set forth in this notice are paid within fourteen days (14) days. The notice shall also advise a person may challenge the validity of the impending vehicle immobilization and/or towing within fourteen (14) days after said notice was mailed by appearing in person before the Chief of Police and submitting evidence which in the opinion of the Chief of Police conclusively proves the impending immobilization and /or towing is not valid because: (i) The owner of the vehicle to be immobilized was not the person to whom the violations listed in the notice were issued; ox• (ii) The owner had not accumulated three or more violations cited in the notice for which the fines, fees and penalties remain unpaid for more than twenty -eight (28) days after being assessed: b. If the Chief of Police receives evidence challenging the validity of the immobilization and /or towing; he /she shall review all evidence received and within five (5) business days of said receipt shard determine whether the immobilization and /or towing is valid. If he /she determines immobilization and /or is not valid, he /she shall rescind the notice and inform the owner in writing of such rescission. The formal rules of evidence will not apply and hearsay evidence may be - considered if it is the type commonly relied upon by reasonably prudent persons. If the Chief of Police determines immobilization is valid, he /she shall so inform the -owner in writing,. and the immobilization and /or towing shall proceed. 3; Upon immobilization, of a vehicle, a notice shall be affixed to the vehicle in a conspicuous place. Such notice shall warn the vehicle is immobilized and any attempt to remove the device, or move or tow the vehicle may result in damage to the vehicle and/or the device. The unauthorized removal of, or damage to the - immobilization device is a violation of 720 Illinois' Compiled Statutes 5/16 i (theft) or 5/21.1 (criminal damage "to property) as well as this Code and is subject to 'a penalty in accordance with Title 1, Chapter 4 of this code. The notice shall also provide information specifying how release of the immobilization device may be had, and how the owner may obtain a post - immobilization hearing pursuant to this subsection. 4. After immobilization, the owner of an immobilized vehicle or his /her authorized representative may secure the release of the immobilization device by: a. Paying the Village an administrative fee of as set forth in Title 1 Chapter 4 of this Code and taking one of the following actions: (i) Paying the Village the entire amount owed as specified in the notice described in subsection E2(a) above, and paying the company responsible for the placement and/'or removal of the immobilization device any immobilization fee due and paying the towing company all towing and storage fees; or (ii) Request a hearing by completing a request form supplied by the Chief of Police and posting a bond in the amount equal to the total amount owed as set forth in the novice described in subsection E2(a)'above, the vehicle immobilization administrative fee as set forth in Title 1 Chapter 4 of this Code, any immobilization fee due to the company responsible for the placement and /or removal of the immobilization device and any towing and storage fees. 5. a. If a hearing is requested pursuant- to'subsection E4(c) above, such hearing shall be held by the Village's Adjudication Hearing Officer at the next regularly scheduled hearing date at least 5- business days after the request was properly made, or a special' hearing set at the discretion of the hearing officer. Failure to request a hearing or attend a scheduled hearing shall be deemed a waiver of the right to such hearing. In event of such failure, any amount deposited pursuant to subsection E4 above shall be forfeited. b. The sole purpose of the hearing shall be to determine whether the immobilization was valid. A hearing provided by this section shall not determine the validity of or otherwise adjudicate any citation or notice of violation issued relative to the immobilized vehicle. C. At the conclusion of the hearing, the Hearing Officer shall determine whether the - immobilization was valid. If he /she determines the immobilization was riot valid, the vehicle shall be immediately released and all fees or bond previously paid pursuant to subsection E4 shall be refunded. If he /she determines the immobilization was valid, he /she shall so notify the owner via US first class mail, and the;immobilization device may only be released upon payment of the total amount owed as set: forth in the notice described in subsection E2(a) above and the administrative fee as set forth in Title 1 Chapter 4 of this Code, any immobilization fee due to the company responsible for the placement and /or removal of the immobilization device, and the payment of all towing and storage fees, if any, 6. _ If the immobilization device has not been released within seventy -two (72) hours of its placement, the vehicle relay be towed and impounded pursuant to the procedures set forth for towing an unlawful vehicle in Title '5 Chapter 7 of this Code; except the vehicle shall riot be released to tl e owner until the total amount owed as set forth in the notice described in subsection E2(a) above, the vehicle immobilization administrative fee as set forth in Title 1 Chapter 4 of this Code, any immobilization fee due to the company responsible for the placement and /or removal of the immobilization device and any towing and storage fees have been paid, unless the immobilization and or the towing of the vehicle was determined to be invalid by the Hearing Officer pursuant to Section 5c above. E. Administrative Towing and Impoundment: I. A motor vehicle, operated: with the permission, express or implied, of the owner of said vehicle used in connection with any of the following acts or offenses, is hereby declared an unlawful vehicle pursuant to Title 5 Chapter 7 of this Code and shall be subject to seizure and impoundment by the Village, and the owner of said vehicle shall be liable to the Village for an administrative penalty in accordance with Title I. Chapter 4 of this Code, in addition to any fines or penalties assessed against the owner or operator of the vehicle, and any , towing -arid storage fees, as hereinafter provided: a. Driving while driver's license, permit, or privilege to operate a motor vehicle is suspended or revoked pursuant to any state statute, unless the suspension is due to a failure to comply with emissions testing. b. Driving under the influence of alcohol, drugs and /or intoxicating compounds or any combination thereof pursuant to 625 Illinois Compiled Statutes 5111 -501 or a similar local ordinance. c, possession or attempted possession of cannabis or a controlled substance pursuant to 720 Illinois Compiled Statutes '550/2 et seq., and 570/101 et seq., or a similar local ordinance. d. Fleeing or attempting to elude a peace officer pursuant to 625 Illinois Compiled Statutes 5/11 -204, or 5/11- 204.1 or a similar local ordinance. e. Reckless driving, pursuant to 625 Illinois Compiled Statutes 5111 -503, or a similar local ordinance. f, Drag racing, pursuant to 625 Illinois Compiled Statutes 5111 -504, or a similar local ordinance. g. The purchase, possession or consumption of alcoholic liquor by a person under the age of twenty -one (21) pursuant to Title 4 C, hapter 3 of this Code or a similar state - or local ordinance. h. Disorderly conduct, including the commission of any act in such unreasonable mariner as to provoke, make, or aid in making a breach of peace, any unreasonable or offensive act, utterance, gesture or display which, under the circumstances, creates -a clear and present danger of a breach of peace or imminent threat of violence pursuant to Section 6 -1 -4 of this Code or a similar state or local ordinance. Falsely representing • one's self as a police officer. j, Prostitution, .;oficiting for a prostitute, solicitation of a sexual act, or patronizing prostitution as - providedi.n the criminal code of 1961, - 720 Illinois Compiled Statutes 5111 -14, 5/11 -14.1, 5/11.15.1, 5/11-18, and 5/11 -18.1 or similar state statutes or local - ordinances. k. Indecent exposure pursuant to Section 6 -1 -5 of this Code or a similar state or local ordinance. 1. Operating a motor vehicle not covered by a liability insurance policy in accordance= -„ with sections 5/7 -601 and /or 5/7 -502 of the Illinois Vehicle Code, or a similar local ordinance. m. Leaving the scene of a motor vehicle accident involving personal injury or death. n. , Reckless homicide or vehicular homicide. a. When a.motor vehicle is operated by a person against whom a warrant has been issued by a Circuit Court in Illinois for failing to answer any charge set forth in this subsection. 2. Whenever a police officer has probable cause to believe a vehicle is subject to seizure and impoundment pursuant to subsection FI of this section, the police officer shall provide for the towing of the vehicle to a facility authorized by the {thief of Police. Before the vehicle is towed, the police officer shall make a reasonable effort to notify the owner of the vehicle, any person identifying himself as the owner of the vehicle or any person who is found to be in control of the vehicle at the time of the alleged violation, of the fact of the seizure and of the vehicle and of the owner's right to request a preliminary vehicle impoundment hearing to be conducted under this subsection. Said vehicle shall be impounded until: a. The owner of the vehicle waives his right to a hearing under this subsection, stipulates in writingthe,vehicle was being used in violation of this section and pays an administrative penalty in accordance with Title 1, Chapter 4 of this Code and pays all accrued towing and storage charges; or b. The owner requests a hearing and posts a. cash bond in the amount of five hundred dollars ($500.00) and pays all accrued towing and storage charges, or C. The administrative tow is determined to be invalid after a hearing as provided in this subsection; or d. The administrative tow is determined to be valid and the owner pays an administrative penalty in accordance with Title 1, Chapter 4 of this Code and pays all accrued towing and storage charges. 3.: Within two (2) business,days after the vehicle has been towed, a notice of administrative vehicle towing shall be sent; to the owner by first class mail, postage prepaid, at the address of the owner as recorded with the Secretarry of State, or in the case of a vehicle bearing a registration number of a state other than Illinois, at the address of the owner recorded in that state's registry of motor vehicles. The notice shall state the name and address of the owner, the state registration number of the vehicle, the name and address of the person operating the vehicle at the time it was impounded, the reason the vehicle was impounded and towed, and the date and time the vehicle was towed. The notice shall also provide information specifying how the owner may obtain the release of the vehicle, and shall advise that a person may challenge the validity of the impoundment and towing within two (7) business days after said notice was mailed by appearing in person before the Chief of Police and subnnitting,evidence which in the opinion of the Chief of Police conclusively proves the impoundment and towing was not valid. 4. Within two (2) business day's after receipt of evidence challenging the validity of the impoundment and towing pursuant to subsection F3 above, the Chief of Police shall review all such evidence. If the Chief of Police determines the impoundment and towing was valid, he /she shall order the continued impoundment of the vehicle. If the Chief of Police determines impoundment and towing was not valid, the vehicle, will be released without penalty or other fees, and any bond, penalty or fee previously paid pursuant to this subsection F shall be refunded. 5. The owner shall also be entitled to a post -tow hearing pursuant to section 5 -7 -7 of this title. If, after the Bearing, the hearing officer determines by a preponderance of evidence the vehicle was used in connection with a violation set forth in subsection F1, the hearing officer shall enter an order finding the owner of record of the vehicle civilly liable to the Vil.iage for all administrative penalty in accordance with Title 1, Chapter 4 of this Code and requiring the vehicle to continue to be impounded until the owner pays the administrative penalty to the Village plus fees to the tower for the towing and storage of the vehicle. If the owner fails to appear at the hearing, the hearing officer shall enter a default order in favor of the Village. If the hearing officer finds the vehicle was not used in connection with a violation set forth in subsection Fl, the hearing officer shall order the immediate return of the owner's vehicle or cash bond without fees. - 6. If an administrative penalty is imposed pursuant to this subsection, such penalty shall constitute a debt due and owing to the Village. If a cash bond has been posted pursuant to this section,' the bond shall be applied to the penalty. If a vehicle has been impounded when such a penalty is imposed, the Village may seek to obtain ajudgment on the debt and enforce such j udgment against the vehicle as provided by law. 7. If an owner fails to request or appear at the post -tow hearing, or the hearing is resolved in the Village's favor and the owner fails to pay the administrative penalty and applicable fees', the vehicle may be disposed of in the manner provided by Section 5 -7 -8 of this Code. 8. Except as otherwise specifically provided by law, no owner, lien holder, or other person shall be legally entitled to take possession of a vehicle impounded under this section until the administrative penalty and fees applicable under this section have been paid. However, vilieinever aperson with lien ofrecord against an impounded vehicle has commenced foreclosure proceedings, possession of the vehicle shall be given to that person if he or she agr ' in writing to refund to the Village the amount of the net proceeds of any foreclosure sale, less any arnounts required to pay all lien holders of record, not to exceed the administrative penalty, plus the applicable fees, 9. This section shall not replace or otherwise abrogate any existing state or federal laws or Village ordinance pertaining to vehicle seizure and impoundment, and these penalties shall be in addition to any penalties assessed by a court for any criminal charges: 10. This section shalt riot apply if the vehicle used in the violation was stolen at that time and the theft was reported to the appropriate police authorities within seventy -two (72) hours after the theft was discovered; EXPERIMENTAL OR TEMPORARY REGULATIONS PROVIDED: The Chief of Police, with the approval of the Village Engineer, is hereby empowered to make - regulations necessary to make effective the provisions of the traffic ordinance of this Village and to make and enforce temporary or experimental regulations to cover emergencies or special conditions. No such temporary or experimental regulations shall remain in effect for more than ninety (90) days. The Village Engineer may test traffic control: devices under actual conditions of traffic. (1969 Code § 71.090) FINE: Whoever violates any of the provisions of this title for which another penalty is not provided shall be fined in accordance with Title 1, Chapter 4 of this Code for each offense. (Ord. 08 -22, 5-12 -2008) SECTION'): This Ordinance is an exercise of the home rule authority of the Village of Morton Grove and is intended to and, to the fullest extent allowed by the constitution of the State of Illinois, shall be construed as to supersede any contrary or conflicting state, county, or local rule or regulation. SECTION 4 If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 5: In the event this ordinance or any part thereof is in conflict with any statute, ordinance;: or resolution or part there, the amendments in this ordinance shall be controlling and shall supersede all other statutes, ordinances, or resolutions but only to the extent of such conflict. Except as to code amendments set forth above in this ordinance, all chapters and sections of the Morton Grove Village Code as amended shall remain in full force and effect. SECTION 6: In all other respects not inconsistent with this ordinance, all Village Codes are hereby reaffirmed. SECTION,7: This ordinance shall be in full force and effect from and after its adoption, approval, and publication as provided by law. PASSED THIS 14`h day of September 2009. Trustee DiMana Trustee Gomberg Trustee`Grear Trustee Marcus Trustee Thill Trustee Toth " APPROVED BY ME THIS 14`a' day of September ?009. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and PILES in my office This 15`h day of September 2009. Tony S.`Kalogerakos, Village Clerk Village of Morton. Grove Cook County, Illinois Legislative Summary ORDINANCE 09 -18 -- AMENDING TITLE 5, CHAPTER 4, SECTION 169 OF THE VILLAGE OF MORTON GROVE MUNICIPAL CODE ENTITLED "RAILROAD CROSSING REGULATIONS" Introduced Objective Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: September 14, 2009 To amend Title 5, Chapter 1, Section 16, of the Village Municipal Code entitled "Railroad Crossing Regulations" to insure this Section is consistent with current procedures and Illinois law. This ordinance will strengthen and clarify Village ordinances prohibiting drivers and pedestrians from crossing railroad crossings when a train is approaching. The Village, as pail of its regular review of its Municipal Code has reviewed Title 5, Chapter 4, Section 16 entitled "Railroad Crossing Regulations ". The Chief of Police has recommended this Chapter of the Code be updated to strengthen Village ordinances prohibiting drivers and pedestrians from crossing railroad tracks when it is not safe to do so. The Village's fine ordinance is also being updated at this time to provide the minimum fine for a violation of this section shall be $250. Police and Legal Departments The fiscal impact could vary depending on the number of violations that are ultimately prosecuted. Not applicable. Impact for the administration and enforcement of this ordinance will be handled by the Police and Legal Departments during their normal course of duties. Approval as presented. Required — code amendment None Administrator Approval __��- Reviewed by: Jo'eph i�' Wade, Village Administrator Mark Erickson, olice Chief Prepared by: Reviewed by: �/G!��? Peter P Falcone, Administrative Intern Teresa Hoffman If st9 i, Corporation Counsel ORDINANCE 0961.8 AMENDING 'TITLE S, CHAPTER 4, SECTION 16 OF THE VILLAGE OF MORTON GROVE MUNICIPAL CODE ENTITLED RAILROAD CROSSING REGULATIONS WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois is a home rule unit of government under the provisions of Article 7 of the Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its governm ent 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 its Municipal Codes, as necessary, to insure the provisions of the Code remain compliant with contemporary statutes and relevant to the current operations and requirements within the Village; and WHEREAS, at the direction of the Village President and Village Board of Trustees, Village staff, in particular the Police Department and Corporation Counsel, have reviewed Title 5, Chapter 4, Section 16 in order to insure this Chapter is consistent with current procedures and Illinois law and it has been determined certain clarifications would be beneficial especially those relating to the Village's existing procedures for regulating railroad crossings; and WHEREAS, it is the staff's recommendation Title 5, Chapter 4, Section 16 be amended to update and clarify regulations with respect to railroad crossings as set forth in this Ordinance. WHEREAS, in order to keep the Municipal Code current and in order to protect and preserve the health safety, and welfare of persons within the Village of Morton Grove, it is reasonable, appropriate, and necessary to update the Title 5, Chapter 4, Section 16 of the Municipal Code. NOW, THEREFORE,, BE IT ORDAINED, BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 5, Chapter 4, Section 16 of the Municipal Code of the Village of Morton Grove entitled Railroad Crossing Regulations is hereby amended to now read as follows: 5 -4 -16: RAILROAD CROSSING REGULATIONS: A. The driver of a vehicle approaching a railroad 'grade crossing when a signal device gives warning of the immediate approach of a train, shall stop within fifty feet (50') but not less than ten feet (10') from the nearest track of such railroad and shall not proceed until he can do so safely. B. Whenever any person driving -a vehicle approaches a railroad grade crossing where the driver is not always required to stop, the person must exercise due care and caution as the existence of a railroad track across a highway is a warning of danger, especially but not limited to any of the circumstances stated in this Section. The driver of such vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of the railroad when: 1. A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train; 2. A crossing gate is lowered or a human flagman gives or continues to give a signal of the approach or passage of a railroad train, or a person authorized to direct traffic by the Village or the railroad directs the driver to stop; 3. A railroad train approaching a highway crossing emits a warning signal and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard; 4. An approaching railroad train is plainly visible and is in hazardous proximity to such crossing; 5. A railroad train is approaching so closely that an immediate hazard is created; and shall not proceed until the tracks are clear, he or she can do so safely, and where applicable, after the warning signal is deactivated, the crossing gates have been raised, and the driver is directed to proceed by a person authorized to direct traffic by the Village or the railroad. C. No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed. D. No pedestrian shall enter, remain upon or traverse over a railroad grade crossing or pedestrian walkway crossing a railroad track when an audible bell or clearly visible electric or mechanical signal device is operational giving warning of the presence, approach, passage, or departure of a railroad train. E. In addition to the other requirements set forth in this section, the driver of any motor vehicle carrying passengers for hire, or any school bus or any vehicle carrying explosives or flammable liquid as cargo, shall stop such vehicle within fifty feet (50') but not Less than ten feet (10') from the tracks and shall listen and look in both directions from which a train might come, before proceeding across such tracks at a grade crossing unless traffic at the crossing is directed by a person authorized to direct traffic by the Village or the railroad, or traffic is controlled by traffic light which gives a go signal. F. Any person in violation of any part of this Section shall be fined in accordance with Title 1 Chapter 4 of this Code. SECTION 3: This Ordinance is an exercise of the home rule authority of the Village of Morton Grove and is intended to and, to the fullest extent allowed by the constitution of the State of Illinois, shall be construed as to supersede any contrary or conflicting state, county, or local rule or regulation. SECTION' 4: If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 5: In the event this ordinance or any part thereof is in conflict with any statute, ordinance, or resolution or part there, the amendments in this ordinance shall be controlling and shall supersede all other statutes, ordinances, or resolutions but only to the extent of such conflict. Except as to code amendments set forth above in this ordinance, all chapters and sections of the Morton Grove Village Code as amended shall remain in full force and effect. SECTION 6: In all other respects not inconsistent with this ordinance, all Village Codes are hereby reaffirmed. SECTION 7: This ordinance shall be in full force and effect from and after its adoption, approval, and publication as provided by law. PASSED THIS 14t1' day of September 2004. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS 14`h day of September 2004. Daniel J. Staackmarm, Village President Village of Morton Grove Cook Count}, Illinois ATTESTED and FILES in my office This 15t1' day of September 2004. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 09 -53 AUTHORIZATION FOR THE DISPOSITION OF UNCLAIMED BICYCLES RECOVERED BY THE MORTON GROVE POLICE DEPARTMENT Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: Respectfully submitted: J September 14, 2009 To authorize the Village President to approve the donation of nine (9) found bicycles in the Village of Morton Grove. Since ownership of the bicycles were not ascertained, ownership will be transferred to the Village so the bicycles can be donated to a not - for - profit group called the "Working Bikes" in Chicago. Due to lack of bicycle storage space, bicycles need to be disposed of on a regular basis. 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 department can dispose of the bicycles in accordance to department policies and state guidelines. In the past, auctioning off the bicycles was not cost effective due to the minor value of the bicycles. Police Department. None. Not Applicable. The logistics of the donation will be coordinated by the Police Department. Approval as ,presented. Not Required None P. Wade, Vitlaee Administrator Prepared by: / �'(Lvt�C ;� / �' -N.,_ Reviewed by: M k Erickson, Chief of Police Corporation Counsel RESOLUTION 09 -53 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 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 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 ILCS 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 Working Bikes, a not - for -profit corporation located in, Chicago, Illinois, has expressed an interest in accepting this donation of personal property for use in their philanthropic 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 hereinabove 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 that the following property: 9 - 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 Working Bikes of Chicago, 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 14`h day of September 2009. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED by me this 14`h Day of September 2009. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 15`h day of September 2009. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois EXHIBIT A ACCUMULATED PERSONAL PROPERTY 9 - bicycles Legislative Summary Resolution 09 -50 AUTHORIZATION TO PURCHASE 4,500 TONS OF ROADWAY SALT Introduced: ( September 14, 2009 Synopsis: The Department of Central Management Services (CMS) administers the Joint Purchasing Program for the State. The purpose of the Joint Purchasing program is to allow units of local government to participate in State negotiated contracts, and thereby take advantage of State contract pricing which should result in procurement savings to local governments. Purpose: Acquire deicing materials for the 2009/2010 winter snow season. Background: Snow and ice accumulating on roads and bonding to the pavement, makes it difficult to remove with snow plows. Salt applied to the surface causes some of the snow and ice to melt. The melt -water combines with the salt to create liquid called brine. The brine then moves the salt around and continues the melting process allowing bonded ice to be removed by Village plows. By passing this resolution, the village shall commit to a purchase of 4,500 tons of rock salt from Morton Salt Company at a cost of $74.00 per ton for a total cost to the Village of $333,000. Funds for the balance of the contract will be appropriated in the 2010 budget. Programs, Departs Public Works and Finance Departments or Groups Affected Fiscal Impact: Funds in the 2009 Adopted budget have been approved in the amount of $250,000 for the purchase of snow removal materials. Source of Funds: Motor Fuel Tax Fund Account 9305060 - 563120 Workload Impact: The Public Works Department will manage and implement the program as part of their I normal work activities. Administrator Approval as presented. Recommendation: First Reading: Not required Special Approval commits the Village to provide additional funding for snow removal Considerations or materials in the 2010 Budget Requirements: Respectfully submitted: ��','�fz& rJos ph F. ade Vi lage Administrator Prepared by: l �% " Reviewed by: An ��y�eMonte, Director of Public Works Teresa Liston, Corporation Counsel RESOLUTION 09 -S0 AUTHORIZATION TO PURCHASE 4,500 TONS OF ROADWAY SALT 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 Sate of Illinois Department of Central Management Services conducted a contract re- procurement for the purchase of roadway salt for the period of July 2009 to April 2010; and WHEREAS, the Village of Morton Grove has utilized the State biding process in the past for the purchase of roadway salt; and WHEREAS, the Village Board approved the 2009 Adopted Budget on December 8, 2008, as Ordinance 08 -43, which included Account Number 035060-563120 in the amount of $250,000 which provides funding for the purchase of snow removal materials; and WHEREAS, the purchase price for the 2009 -2010 rock salt procurement from Morton Salt is as follows: 4,500 Tons at $74.00 per ton (delivered) ;and Total: $333,000 WHEREAS, the Village of Morton Grove will include funding in the 2010 Budget to cover the second half of the 2009/2010 salt season and the first half of the 2010/2011 winter season's purchase of salt. 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: That only that company listed and described on this Resolution for the purchase of 4,500 tons of roadway salt be approved in this Resolution. SECTION 3`. The Village Administrator, Director of Public Works and Finance Director of the Village of Morton Grove are hereby authorized to execute an agreement for the purchase of 4,500 tons of roadway salt for a total amount of $333,000.00 from Morton International Inc., Morton Salt Division, 123 N. Wacker Drive Chicago, Illinois 60606 and to take all steps necessary to complete, supervise, and administrate this agreement. SECTION 4: This Resolution shall be in full force and effect from and upon its passage and approval. PASSED THIS 14" day of September 2009. Trustee DiMaria Trustee Gomberg "Trustee Great Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS 14'h day of September 2009. Daniel J. Staackrnann, Village President Village of Morton Grove Cook County, Illinois ATTESTED AND FILED in my office This 15a' day of September 2009. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 09 -51 AUTHORIZING THE SALE OF SURPLUS PERSONAL PROPERTY Introduced: Synopsis: Purpose: Back ground: Programs, Departments Or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Adrnin Recommendation: First Reading: Special Consideration or Requirements: Respectfully submitted: OWNED BY THE VILLAGE OF MORTON GROVE September 14, 2009 This Resolution will authorize the sale of motor vehicles deemed surplus property by the Village of Morton Grove. Selling motor vehicles and equipment through the Northwest Municipal Conference run auction in cooperation with Obenauf Auctions, Inc. provides for an effective means for the Village to sell surplus vehicles. The Public Works Department annually reviews vehicle and equipment conditions for all Village departments. After a review by the department, some of the equipment is determined to be no longer useful for a variety of reasons: including but not limited to the cost of maintenance, schedule of replacement, outdated, or no longer used by Village departments. Ordinance 05 -27 allows the Village to sell surplus motor vehicles pursuant to a, Ordinance approved by simple majority of the Village Board of Trustees. The vehicles to be sold include a 2000 Ford Crown Victoria, a 2000 Chevrolet Blazer, a 2002 Ford Crown Victoria, a 2003 Ford Crown Victoria all from the Public Works Department, and a 2005 Ford Crown Victoria from the Police Department. Public Works Department, and Police Department Funds that will be generated by the sale of equipment at auction are unknown at this time. NIA Minimal, delivery of equipment to auction. Approval as presented. September 14, 2009 Auction to be held at the Winnetka Public Works at 10:00 am on September 26, 2009. Forms for auction have been submitted with the Ordinance due on the day of the auction. Joseph F. Wade, Village Administrator Prepared by: f� "" Reviewed by: De Monte, Director of Public Works Corporation Counsel RESOLUTION 09 -5I AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY 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, Article VII, Section 10 of the Constitution of the State of Illinois, and Chapter 127, paragraphs 741 -748 of the Illinois Revised Statutes, authorize and encourage intergoverrunental cooperation; and WHEREAS, the Northwest Municipal Conference /Obenauf Auction Service Inc, a corporate organization representing municipalities and townships chartered within the State of Illinois and Counties of Cook, Lake, McHenry, Kane, and DuPage organizes joint municipal auctions of surplus vehicles; and WHEREAS, on or about May 23, 2005, the Corporate Authorities adopted Ordinance 05- 27 which provides "obsolete or surplus personal property which is, in the opinion of the Finance Director and Village Administrator, is no longer necessary or useful to the Village and has an estimated value exceeding $1,000 and all motor vehicles and real property of any value of the Village of Morton Grove shall be sold subject to approval by resolution of a simple majority of the Village Board of Trustees ". WHEREAS, the Finance Director, Village Administrator, and Director of Public Works have deemed those vehicles listed in Exhibit "A" are no longer necessary or useful to the Village and the Director of Public Works has recommended these vehicles be sold at the joint municipal auction of surplus vehicles conducted by the Northwest Municipal Conference /Obenauf Auction Service Inc. WHEREAS, attached as Exhibit "A" is a list of vehicles to be auctioned. NOW, THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, AND 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: Pursuant to Ordinance 05 -27 of the Village of Morton Grove, the Village President and Board of Trustees for the Village of Morton Grove find the described personal property listed on Exhibit "A" attached hereto now owned by said jurisdiction is no longer necessary or useful to said jurisdiction and said jurisdiction would be best served by the sale of the properties. SECTION 3: The Village Administrator for the Village of Morton Grove is hereby authorized to direct the sale of the aforementioned personal property at the following Northwest Municipal Conference / Obenauf Auction Service Inc. auction scheduled for: 10:00 am Saturday, September 26, 2009 Winnetka Public Works Facility 1390 Willow Road Winnetka, Illinois 60093 SECTION 4: The Administrator is hereby authorized to direct the Northwest Municipal Conference / Obenauf Auction Service Inc to advertise the sale of the aforementioned personal property through area newspapers, direct mailings, and other channels deemed appropriate prior to the date of said auction. SECTION 5: The Village Administrator is authorized to direct the Northwest Municipal Conference / Obenauf Auction Service, Inc. to enter into an agreement for the sale of said property whereby said property is sold at the auction according to the terms set forth in the Specifications for the Sale of Vehicles and Equipment at Northwest Municipal Conference / Obenauf Auctions attached hereto and made apart of this resolution. SECTION 6: No bid shall be accepted for the sale of an item, which is less than the minimum value set forth herein, unless the Village Administrator, or the designee of the Village Administrator so authorizes at the time of the auction. SECTION 7: Upon payment in full of the auctioned price for the aforesaid items of personal property by the highest bidder, the Village Administrator is authorized to direct the Northwest Municipal Conference / Obenauf Auction Service Inc. to convey and transfer the title and ownership of said personal property to the bidder. SECTION &: This Resolution shall be in full force and effect from and after its passage. PASSE Trustee Trustee Trustee Trustee Trustee Trustee Dthis 14`x' day of September 2009. DiMaria Gomberg Grear Marcus Thill Toth APPROVED by me this 14`x' day of September 2009. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 15`" day of September 2009. Tony N. liatogeraxos, vmage uiem Village of Morton Grove Cook County, Illinois "Exhibit A" The following Vehicles and or equipment are to be deemed surplus property and are slated for auction by the Northwest Municipal Conference in cooperation with Obenauf Auctions Inc. held at the Winnetka Public Works Facility on Saturday September 26, 2009, I. 2000 Ford Crown Vic 2FAFP71 W8YX173480 (Public Works) 2, 2000 Chevrolet Blazer 1GNDT13W6Y2151401 (Public Works) 3. 2002 Ford Crown Vic 2FAFP71 WX3X198972 (Public Works) 4. 2003 Ford Crown Vic 2FAFP71 W92X144965 (Public Works) 5. 2005 Ford Crown Vic 2FAFP71 W55XI58740 (Police Dept) ORDINANCE 09 -21 AMENDING TITLE 5, CHAPTER 8, SECTION 7 ENTITLED "LOAD RESTRICTION WEIGHT LIMITS ", AND TITLE 5, CHAPTER 1311, SECTION 1 FORMALLY ENTITLED "STREETS WITH LOAD LIMITS" NOW ENTITLED "TRUCK ROUTES" OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE TO MODIFY RESTRICTIONS ON HEAVY VEHICLES ON VILLAGE STREETS Introduced September 14, 2009 Objective To amend Title 5 -8 -7 and Title 5- 1311 -1, of the Village Municipal Code to eliminate permitted truck routes on certain local streets. Purpose: This ordinance will remove several streets which were formally designated as truck routes in order to achieve an efficient truck route network while balancing the desire of residents to enjoy peace and harmony on local sheets. Background: The Village, as part of its regular review of its Municipal Code has reviewed title 5 -8 -7 and 5- 1311-1. The Village is looking to further develop the Lehigh/Ferris Redevelopment District into a more transit- oriented pedestrian friendly neighborhood. The Village hired the traffic consulting firm of Kenig, Lindgren, O'Hara, Aboona, Inc., which has determined certain stieets within the Village no longer should be designated as "buck routes ". A truck route permits motor vehicles weighing over eight (8) tons or with a license plate designation of "H" or higher. This ordinance will remove the following streets from their prior designation as "truck routes" Austin Avenue between Lincoln and Main, Chestnut Street between Lehigh and its western tenninus, Elm Sheet between Lehigh and its western terminus, Ferris Avenue between Dempster and Lincoln, Lehigh Avenue between Lincoln and Main, Lincoln Avenue between Ferris and Linder. The designation of other streets no longer being used as part of a truck route network is also clarified. Programs, Departments Community and Economic Development and Police Departments or Groups Affected Fiscal Impact: Not applicable Source of Funds: Not applicable. Workload Impact: Impact for the administration and enforcement of this ordinance will be handled by the Police Department during their normal course of duties. Administrator Approval as presented. Recommendation: Second Reading: Required — code amendment Special Considerations or None Requirements: Administrator Approval Joseph F. Wade, Village Administrator Prepared by: Reviewed by: _ Bill Neuendorf, Community and Economic Development Director Teresa / f )nn,, Corporation Counsel ORDINANCE 09 -21 AMENDING TITLE 5, CHAPTER 8, SECTION 7 ENTITLED "LOAD RESTRICTION WEIGHT LIMITS ", AND TITLE 5, CHAPTER 13H, SECTION 1 FORMALLY ENTITLED "STREETS WITH LOAD LIMITS" NOW ENTITLED "TRUCK ROUTES" OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE TO MODIFY RESTRICTIONS ON HEAVY VEHICLES ON VILLAGE STREETS WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook Comity, 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 perfonn 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 its Municipal Codes, as necessary, to insure the provisions of the code remain compliant with contemporary statutes and relevant to the current operations and requirements within the Village; and WHEREAS, state traffic law has previously identified state and county roads located in Morton Grove as strategic routes for heavy vehicle traffic including trucks; and WHEREAS, the Village has previously identified a number of local roads to supplement the state and county designated truck routes in order to achieve an efficient truck route network while balancing the desire of residents to enjoy peace and harmony on local streets; and WHEREAS, the Lehigh/Ferris Redevelopment District has experienced a significant change in recent years whereby many of the industrial -type businesses located in this area have been replaced with new residential developments; and WHEREAS, the Village approved Ordinance 09 -01 in January 2009 to adopt a long -term Framework Plan to guide the future redevelopment of the Lehigh/Ferris District; and WHEREAS, the Framework Plan anticipates a continuation of the trend of industrial -type businesses relocating elsewhere in future years and being replaced with a mixture of residential, commercial, and mixed -use developments; and WHEREAS, the Village intends to make a significant investment in updating the infrastructure and streetscaping of this District in order to promote the creation of a pedestrian- oriented neighborhood; and WHEREAS, the creation of a transit- oriented pedestrian - friendly neighborhood in the Lehigh/Ferris District will be hampered by the passage of heavy vehicles through the neighborhood; and WHEREAS, the preferred route for heavy vehicle through- traffic is on arterial roadways rather than local streets; and WHEREAS, the transportation planning firm of Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA) has studied the strategic routing of heavy vehicles in Morton Grove and recommended portions of several local streets be removed from the list of designated truck routes; and WHEREAS, staff and KLOA have recommended heavy vehicle traffic shall be prohibited on the following streets: • Austin Avenue between Lincoln and Main, • Chestnut Street between Lehigh and its western terminus, • Elm Street between Lehigh and its western terminus, • Ferris Avenue between Dempster and Lincoln, • Lehigh Avenue between Lincoln and Main, • Lincoln Avenue between Ferris and Linder. WHEREAS, local streets serving existing commercial and industrial businesses will continue to be designated as routes for heavy trucks; and WHEREAS, all businesses and residents will retain the right to be served by heavy trucks and similar equipment for the purpose of moving, receiving business or personal deliveries or similar essential 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 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 5, Chapter 8, Section 7 of the Municipal Code of the Village of Morton Grove entitled "Loads Restricted, Weight Limits" is hereby anended to read as follows: 5 -8 -7: LOADS RESTRICTED, WEIGHT LIMITS: A. Projecting Load Provisions: The maximum width and height of any vehicle and its load shall not exceed the limits expressed in the state traffic law.' 625 ILCS 5115 -105. 2. No passenger type vehicle shall be operated on the streets with a load extending beyond the line of the fenders on the left side of the vehicle or extending more than six inches (6 ") beyond the line of the fenders on the right side thereof. No vehicle, unladen or with load, shall exceed a length of forty two feet (42') extreme over all dimension. 4. No combination of vehicles coupled together shall consist of more than two (2) units, and no such combination of vehicles, unladen or with load, shall exceed a total length of fifty five feet (55'); but such length limitation shall not apply to vehicles operated in the daytime when transporting poles, pipes, machinery, or other objects which cannot be readily dismembered, nor to such vehicles operated at nighttime by a public utility when engaged in emergency repair work; but such loads carried at night shall be clearly marked with sufficient lights to show the full dimensions of the load. 5. No part of the load of a vehicle shall extend more than three feet (3') in front of the extreme front portion of the vehicle. (1969 Code § 73.025) 6. No vehicle shall be so loaded that any part of its load spills or drops on any street or alley in the municipality. B. Weight Restrictions (measured by weight): No person shall drive on any street, any motor vehicle with a weight, including load, in excess of eight (8) tons, except on those streets which are indicated in section 5 -13H -1 of this title or if the vehicle is exempt for any reason listed in paragraph D below. C. Weight Restrictions (measured by license plate designation): No person shall drive on any street any motor vehicle with a license plate designation of H or higher, except on those streets which are indicted in section 5 -131-1-1 of this title or if the vehicle is exempt for any reason listed below in paragraph D. D. Exemptions: The following vehicles shall be exempt from the weight restriction listed in Paragraphs B and C: 1. Vehicles which are owned or used to provide a contracted service for the village of Morton Grove, the Morton Grove park district, the Morton Grove public library or any school district whose jurisdiction extends into the village of Morton Grove or which provides a service to the village of Morton Grove are exempt from load limits as designated in this code. 2. Vehicles which are necessary to service residential property are exempt to the extent of accessing the designated property for not more than the minimum distance from an approved truck route. Vehicles which are delivering goods to commercial and industrial properties shall be allowed access from the major arterial street to property and to the alley abutting the rear of the property. 4. Vehicles permitted by specific authorization of the board of trustees of the village of Morton Grove. (Ord. 93 -50, 12 -13 -1993) Regardless of the exclusions provided for in this section, no motor vehicle licensed in excess of eight (8) tons shall utilize any residential street within the village where the eight (8) ton load limit is in place between the hours of ten o'clock (10:00) P.M. and six thirty o'clock (6:30) A.M. except for municipal and utility vehicles engaged in public service operations. (Ord. 94 -1, 1 -10 -1994) E. Adoption of Illinois Vehicle Code: Section 5115 -100 et. seq. of the Illinois Vehicle Code, 625 ILCS 5115 -100 et seq. is hereby incorporated in its entirety by reference into this section of the Code as amended from time to time, to the extent that said provisions are not inconsistent with the provisions of this Chapter 8, Section 7. SECTION 3: Title 5, Chapter 13H, Section 1 of the Municipal Code of the Village of Morton Grove formerly entitled "Streets with Load Lunits" now called "Truck Routes" is hereby amended to now read as follows: 5- 13H -1: TRUCK ROUTES: Motor vehicles with a weight including load in excess of eight (8) tons or with a license plate designation of "H" or higher shall be permitted only on the following streets: A. Weights up to 25 tons or with a license plate designation from "H" through "Q ": Street Between Austin Avenue Main Street and Oakton Street Central Avenue /Harms Road Church Street and Golf Road Central Avenue Oakton Street and Mulford Street Church Street Central Avenue and Linder Avenue Kirk Street Nagle Avenue and Lehigh Avenue Lehigh Avenue Main Street and the south Village limits Main Street Lehigh Avenue and its western terminus Menard Avenue Dempster Street and Carol Avenue Merrimac Avenue Dirk Street and the south Village limits Nagle Avenue Oakton Street and its cul- de-sac Natchez Avenue Oakton Street and its cul -de -sac Park Avenue River Drive and Lehigh Avenue River Drive Oakton Street and Lehigh Avenue Washington Street Golf Road and Foster Avenue B. Weights up to forty (40) toys: Street Harlem Avenue (Ord. 93 -50, 12 -13 -1993; Ord 98 -7, 2- 23 -98) Between Dempster Street and Golf Road SECTION 4: This Ordinance is an exercise of the home rule authority of the Village of Morton Grove and is intended to and, to the fullest extent allowed by the constitution of the State of Illinois, shall be construed as to supersede any contrary or conflicting state, county, or local rule or regulation. SECTION 5: If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 6: In the event this ordinance or any part thereof is in conflict with any statute, ordinance, or resolution or part there, the amendments in this ordinance shall be controlling and shall supersede all other statutes, ordinances, or resolutions but only to the extent of such conflict. Except as to code amendments set forth above in this ordinance, all chapters and sections of the Morton Grove Village Code as amended shall remain in full force and effect. SECTION 7: In all other respects not inconsistent with this ordinance, all Village Codes are hereby reaffirmed. SECTION 8: This ordinance shall be in full force and effect as of January 1, 2010, and published as provided by law. PASSED THIS 14"' day of September 2009. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS 14"' day of September 2009. ATTESTED and FILES in my office This 15"' day of September 2009. Tony S. Kalogerakos, Village Cleric Village of Morton Grove Cools County, Illinois Daniel J. Staackrnam, Village President Village of Morton Grove Cook County, Illinois M:A legislativeAordinances\2009ATIF truck routes.doc Lesislative Summary RESOLUTION 09 -52 — AUTHORIZATION TO EXECU'T'E A CONTRACT WITH INTERNATIONAL PIPING SYSTEMS, INC. FOR MAINTENANCE OF HEATING AND AIR CONDITIONING EQUIPMENT Introduced ( September 14, 2009 Objective To award a three year contract for maintenance of HVAC equipment at various village buildings Purpose: The purpose of the contract is to assure the efficient operation of heating and cooling equipment in village owned buildings. Background: The Village has contracted for periodic maintenance of HVAC equipment since 1981. The "full maintenance" portion of the contract covering the larger and more costly boilers and equipment requires the contractor to not only inspect the equipment quarterly, but they are also fully responsible for replacement parts and labor. The contract term is three years to give continuity to service provided. Following a competitive bidding process in compliance with the Municipal Code of the Village, the Lowest responsible bidder was International Piping Systems, Inc. of Schaumburg, Illinois who bid $1,824.17 per month. Village staff recommends passage of this resolution which will award the three year contract for the maintenance of all Village facilities' HVAC equipment to International Piping Systems, Inc. Programs, Departments Department of Building and Inspectional Services. or Groups Affected Fiscal Impact: I Consistent budgeting without the need for large emergency expenditures for equipment repair. Source of Funds: General Fund Workload Impact: The Building Department will oversee contract administration and coordination. Administrator Approval as presented. Recommendation: First Reading: Not Required —Bid Approval Special Considerations or None Requirements: Administrator Approval: �I c Prepared b} 7osepf F. ade, Village Administrator Ed Mde /randt, Building Commissioner Reviewed by:�`= Teresa HofV%. Liston, Corporation Counsel I2ESOLU'TION 09 -52 AUTHORIZATION TO EXECUTE A CONTRACT WITH INTERNATIONAL PIPING SYSEMS, INC. FOR MAINTENANCE OF HEATING AND AIR CONDITIONING EQUIPMENT 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 Department of Building and Inspectional Services advertised in the July 16, 2009, issue of the Morton Grove Champion Newspaper inviting bids on the three year contract for maintenance of HVAC equipment at the Richard T. Flickinger Center - 6101 Capulina Ave., Fire Station 4 - 6250 Lincoln Ave., Fire Station 5 -8954 Shenner Rd., Public Works Building - 7840 Nagle Ave., Public Works Truck Garage - 7830 Nagle Ave., and the American Legion Memorial Civic Center - 6140 Dempster St.; and WHEREAS, eleven (11) contractors attended the pre -bid meeting to review the specifications and survey the equipment to be included in the contract; and WHEREAS, five (5) HVAC contractors submitted sealed bids that were publicly opened and read in the Department of Building and Inspectional Services at 10:00 am on Friday, August 7, 2009, with the bid results as follows: Contractor Bid (per month) Westside Mechanical $2,032.00 Arlington Heights, IL Edwards Engineering, Inc. $3,352.00 Elk Grove Village, IL Vital Mechanical, Inc $2,227.56 Franklin Park, IL Dynamic Heating & Piping $1,983.33 Crestwood; IL International Piping Systems, Inc $1,824.17 Schaumburg, IL WHEREAS, all bid proposals were reviewed in detail to evaluate each company's proposed scope of service with the requirements of the bid packet; and WHEREAS, as a result of the bid evaluation it was detennined the lowest qualified bidder, International Piping Systems, Inc., Schamnburg, IL 60173, met all of the bid requirements; and WHEREAS, International Piping Systems, Inc. has satisfactorily performed HVAC work for the Village in conjunction with other projects, and has the expertise and staff to complete the full maintenance and preventive maintenance provisions included in the bid specification. 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 forgoing WHEREAS clauses into this Resolution as though fully set forth therein making the findings as hereinabove set forth. SECTION 2: The Village Administrator and the Director of Finance/Treasurer of the Village of Morton. Grove are hereby authorized to execute a purchase order with International Piping Systems, Inc., 444, East State Parkway, Schaumburg, IL 60173 for the amount of $1,824.17 per month for 36 months beginning October 1, 2009 (and terminating September 30, 2012) based upon their August 7, 20095 bid for the maintenance of HVAC equipment at Village owned buildings. SECTION 3: The Building Commissioner and/or his designee is authorized to take all steps necessary to supervise, administrate, and manage this contract. SECTION 4: 'This Resolution shall be in full force and effect upon its passage and approval. PASSED this 14`h day of September 2009. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus _ Trustee Thill Trustee Toth APPROVED by me this 10 day of September 2009. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILLED in my office This 15`h day of September 2009 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Le2isIative Summary Ordinance 09 -22 AN ORDINANCE GRANTING AN AMENDMENT TO THE SPECIAL USE PERMIT FOR THE PROPERTY COMMONLY KNOWN AS 8425 WAUKEGAN ROAD (BETHANY TERRACE) FOR A SECOND STORY ADDITION AND RECONSTRUCTION IN THE VILLAGE OF MORTON GROVE Introduced Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds Workload Impact: 4dmin Recommendation Second Reading: ipecial Considerations or 3equirements: Zesnectfully submitted: 'repared by: Teresa September 14, 2009 This ordinance will grant an amendment to the special use pen-nit for the property located at 8425 Waukegan Road to allow a second story addition and reconstruction. The Unified Development Code requires an amendment to a special use permit when revisions are made to the site plan. In 2008, pursuant to Ordinance 08 -40, the Corporate Authorities approved a special use permit for a Planned Unit Development at 8425 Waukegan Road to -allow a second story addition and reconstruction. Since then, Bethany Terrace changed architects for the construction. The new architect made minor modifications to the floor plan and site plan to improve the layout of the patient rooms and common areas, resulting in a reduction of six patient beds. The new architect also completely changed the elevations which were reviewed by the Appearance Commission at their September 9, 2009, meeting. Pursuant to the Unified Development Code, such minor changes are 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 of these officials have approved the proposed amendment. Approval of this ordinance will formally grant an additional amendment to the special use pennit granted pursuant to Ordinance 08 -40. Building and Inspectional Services and Village Planner N/A N/A The special use amendment was processed by the Building Commissioner, Village Administrator, Corporation Counsel, Plan Commission Chairperson, and the Village Planner pursuant to the minor amendment procedure in the Unified Development Code. Approval as presented. Required None [de, Village Administrator Reviewed Corporation Counsel Ed H:ld randt, ing ommissioner AN ORDINANCE GRANTING AN AMENDMENT TO THE SPECIAL USE PERMIT FOR THE PROPERTY COMMONLY KNOWN AS 8425 WAUKEGAN ROAD (BETHANY TERRACE) FOR A SECOND STORY ADDITION AND RECONSTRUCTION IN THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove, located in Cook County, Illinois, is a Home Rule unit of government and under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, and as such can exercise any power and perform any function pertaining to its government affairs, including but not limited to, the power to tax and incur debt; and WHEREAS, the applicant, Bethany Methodist Corporation, 5015 N. Paulina Street, Chicago, Illinois 60640, was granted pursuant to Ordinance 08 -40 a special use permit in the Village of Morton Grove to allow a second story—addition and reconstruction for the property commonly known as Bethany Terrace, 8425 Waukegan Road on or about October 27, 2008; and WHEREAS, the applicant, Bethany Methodist Corporation has made a proper application to the Village of Morton Grove for a minor amendment to the Special Use Permit to change the site plan floor plan, and elevations to improve the proposed addition and reduce the bed count by six beds; 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 permits 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 the 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 R -3 "General 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 8425 Waukegan Road, Morton Grove, Illinois is hereby granted an amendment to the special use permit as follows: I. The proposed second story addition and reconstruction shall be constructed in accordance with the site plan and elevation plans dated August 24, 2009, subject to final review and approval by the Morton Grove Appearance Commission 2. Condition 418 of the original special use permit which refers to the construction of the mansard roof shall be eliminated, since the reconstruction-will no longer have a mansard roof; and 3. Except as inconsistent with this amendment, all other provisions of Ordinance 08 -40 will remain in full force and effect. 4. Approved amendment set forth pursuant to Ordinance 07 -07. 5. 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 8425 Waukegan Road their successors and assigns shall allow employees and authorized agents of the Village of Morton Grove access to the premise at all reasonable times for the purpose of inspecting said premise to verify all terms and conditions of 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. PASSED this 14 "' day of September 2009. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED by me this 14`h day of September 2009. APPROVED and FILED in my office this 15`" day of September 2009. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Daniel J. Staackmaim, Village President Village of Morton Grove Cook County, Illinois Let4islative Summary Resolution 09 -54 AUTHORIZING THE APPOINTMENT OF DELEGATES TO THE NORTHWEST MUNICIPAL CONFERENCE Introduced: September 14, 2009 Synopsis: To authorize the appointment of a delegate and alternate delegates to the Northwest Municipal Conference (NWMC). Purpose: NWMC requires the appointment of a delegate and alternate(s) to the NWMC Board. Background: The Village is a member of the Northwest Municipal Conference (NWMC). The Mayor is the delegate and if he is unable to attend and represent the Village in NWMC Board matters, alternate delegates are needed to represent the Village. This resolution designates the Village Administrator and a selected Village Trustee as the alternate delegate(s). Programs, Departments Administration and Legislation Departments. or Groups Affected Fiscal Impact: Not applicable. Source of Funds: Not applicable. Workload Impact: Participation in the NWMC is performed as part of normal work activities. Administrator Approval as presented. Recommendation: First Reading: Not required. Special Considerations or None. Requirements: Respectfully submitted: Prepared by: Joseph F. Wade, Village Administrator Teresa Hoffman Liston, Corporation Counsel RESOLUTION 09 -54 AUTHORIZING THE APPOINTMENTS OF DELEGATES TO THE NORTHWEST MUNICIPAL CONFERENCE WHEREAS, the Village of Morton Grove adopted the contract and by -laws of the Northwest Municipal Conference by ordinance and thereby became a member; and WHEREAS, said participation at the monthly Northwest Municipal Conference Board meetings allows for one voting delegate to vote on behalf the municipally which shall be the Mayor. hi the absence of Mayor Daniel J. Staackmarm, the Village Administrator and/or a designated Village Trustee may cast a vote for the municipality. NOW, THEREFORE, BE IT RESOLVED by the Village of Morton Grove, Illinois that Joseph F. Wade, Village Administrator and Lary Gomberg, Village Trustee of the Village of Morton Grove are hereby appointed to represent the Village of Morton Grove on the Board of the Northwest Municipal Conference commencing on September 14, 2009. BE IT FURTHER RESOLVED that Joseph F. Wade, Village Administrator, of the Village of Morton Grove and /or Larry Gomberg, Village Trustee are hereby selected as alternative delegates to serve if Mayor Daniel D. Staacknann is unable to carry out his aforesaid duties as the delegate of the Village of Morton Grove to the Northwest Municipal Conference Board. ADOPTED by the Board of Trustees of the Village of Morton Grove, Illinois on this 14`3' day of September 2009. PASSED THIS 14`' day of September 2009. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth Daniel J. Staaekrnann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 15"' day of September 2009. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois reslnw cappt2009