HomeMy WebLinkAbout2009-10-12 AgendaVILLAGE OF MORTON GROVE
MEETING OF THE BOARD OF TRUSTEES
TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER
October 12, 2009
Meeting 7:00 pm
Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Approval of Minutes — Special Meeting — September 14, 2009
Regular Meeting — September 14, 2009
Special Meeting — September 23, 2009
Special Meeting — September 30, 2009
5. Public Hearings
6. Special Reports
a. Swearing in Ceremony for New Police Commanders — Robert Zielinski and Paul Yaras
b. Swearing in Ceremony for New Police Officers — Michael Johanson, Michael Jensen, Dennis
Johnson
C. I Presentation of Employee Anniversary Awards by Mayor Daniel J. Staackmann and Village
Administrator Joseph F. Wade
Nathan Akemann
Fire Department
10
years
of service
Richard Baker
Police Department
15
years
of service
John Bencivenga
Public Works
20
years
of service
Andy DeMonte
Public Works
40
years
of service
Teofilo Padrid
Family and Senior Services
10
years
of service
Rick Pryor
Fire Department
10
years
of service
Charles Roberts
Police Department
25
years
of service
Thomas Schultz
Police Department
45
years
of service
Sinnathurai Sivarajan
Family and Senior Services
10
years
of service
d. Presentation of Plan Commission Case PC09 -01 Requesting a Special Use Permit for a Planned
Unit Development at the Address Commonly Known as 8340 Concord Drive will be Presented by
Plan Commission Chairperson Ron Farkas
Resident's Comments (agenda items only)
8. President's Report - Administration, Northwest Municipal Conference, Council ofMayors, TIF
Committee, Capital Projects, Real Estate Committee
a. Board appointments are requested as follows:
Police Pension Board - 2 year term Glenn Hacker
Advisory Commission on Aging - 3 year term Barbara Novick
9, Clerk's Report - Legal, Cable and Telecommunications Commission
a. Approval of Executive Session Minutes (10- 08 -07, 10- 15 -07, 10- 22 -07, 12- 10 -07, 09- 22 -08, 11-
10-08, 11- 24 -08, 12- 16 -08, 01- 06 -09, 01- 26 -09, 03- 03 -09, 03- 23 -09, 05- 11 -09, 05- 11 -09, 06 -08-
09, 07 -13 -09 pre and post, 07- 15 -09, 07- 27 -09, 08- 10 -09)
b. Release of Executive Session Minutes (03- 10 -97, 05.12 -97, 07- 15 -97, 12- 08 -97, 11- 15 -99, 11 -22-
99, 02- 14 -00, 02- 28 -00, 08- 14 -005 11- 06 -03, 11- 08 -03, 11- 22 -04, 02- 14 -05, 04- 23 -07, 10- 15 -07,
12- 10 -075 9- 22 -08)
C. Destruction of Tapes as Authorized by the Open Meetings Act, Recordings of Approved Minutes
of Meetings Occurring More than Eighteen Months Ago (before March 26, 2007)
10. Staff Reports
a. Village Administrator
1) Reminder of Upcoming Budget Workshop Scheduled for 7:00 pm on Wednesday,
October 2 1 , 2009
2) Miscellaneous Reports and Updates
Corporation Counsel
11. Reports by Trustees
a. Trustee DiMaria - Community and Economic Development Department, Waukegan Road TIF
Review, Comprehensive Plan, Real Estate Committee, Lehigh/Ferris TIF Review, Economic
Development, Dempster Street Corridor Plan (Trustee Thill)
1) Resolution 09 -55 (Introduced October 12, 2009)
Authorizing the Village to Acquire Property Commonly Known as the Woodlands
Triangle
2) Resolution 09 -58 (Introduced October 12, 2009)
Authorizing the Execution of a Contract with McDonough Associates, Inc. for the
Dempster Street Roadway Improvements
11. Reports by Trustees (continued)
b. Trustee Gomberg — Finance Department, Community Relations Commission, Finance Advisory
Commission, Northwest Municipal Conference, Condominium Association ("Trustee Toth)
1) Ordinance 09 -16 (Second Reading - 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 -35 8 -9 -7, 12- 14 -16, and 12 -16 -6
2) Ordinance 09 -20 (First Reading - Introduced October 12, 2009)
Amending Title 1, Chapter 8, Sections 11 and 12 Entitled "Code of Ethics" and "Code of
Ethical Conduct' in the Village
C. Trustee Grear — Fire Department, Emergency Management Agency, RED Center, NIPSTA,
Police and Fire Commission (Trustee DiMaria)
1) Ordinance 09 -19 (Second Reading - Introduced September 14, 2009)
Amending Title 9, Chapter 2, Section 2 of the Village of Morton Grove Municipal Code
Entitled "Automatic Fire Extinguishment"
2) Resolution 09 -57 (Introduced October 12, 2009)
Authorizing the Execution of an Intergovernmental Agreement for Purchase of a Wireless
Fire Alarm Network
d. Trustee Marcus — Family and Senior Services Department, Police Department, Environmental
Health, Police and Fire Commission, IT Communications, Chamber of Commerce (Trustee
Gomberg)
1) Ordinance 09 -17 (Second Reading - Introduced September 14, 2009)
Amending Title 5, Chapter 1, of the Municipal Code Entitled "Traffic Administration and
Enforcement'
2) Ordinance 09 -18 (Second Reading - Introduced September 14, 2009)
Amending Title 5, Chapter 5, Section 16 of the Municipal Code Entitled "Railroad
Crossing Regulations"
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) Ordinance 09-21 (Second Reading - 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
11
12.
13
a
Reports by Trustees (continued)
C. Trustee Thill (continued)
2) Ordinance 09 -25 (First Reading— Introduced October 12, 2009)
Amending Title 5, Chapter 13, Article M, Section 1 Entitled "Parking Zones for Buses" of
the Municipal Code of the Village
3) Resolution 09 -56 (Introduced October 12, 2009)
Authorizing the Execution of a Contract with Schroeder Asphalt Services, Inc. for the 2009
Street Patching Program
£ Trustee Toth — Building Department, Appearance Commission, Capital Projects,
Plan Commission/Zoning Board ofAppeals (Trustee Great)
1) Ordinance 09 -23 (First Reading - Introduced October 12, 2009)
Granting an Amendment to the Special Use in the Village for the Property Located at 8340
Concord Drive to Construct 33 Town Homes in Lieu of a 75 Unit Condominium Building
2) Ordinance 09 -24 (First Reading— Introduced October 12, 2009)
Amending Title 2, Chapters 1 through 18 entitled Boards and Commissions
Other Business
Presentation of Warrants — September 28, 2009 $274,226.04
October 12, 2009 $448.290.52
Total $722.516.56
Resident's Comments
15. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate
16. Adjournment -To ensure full accessibility and equal participation for all interested citizens, individuals with disabilities
who plan to attend and who require certain accommodations in order to observe and/or participate in this meeting, or who
have questions regarding the accessibility of these facilities, are requested to contact ,Susan or Marlene (8471470-5220)
promptly to allow the Village to make reasonable accommodations.
MINUTES OF THE SEPTEMBER 149 2009, SPECIAL MEETING
OF THE BOARD OF TRUSTEES
RICHARD T. FLICKINGER MUNICIPAL CENTER
6101 CAPULINA AVENUE
MORTON GROVE, ILLINOIS 60053
Pursuant to proper notice in accordance with the Open Meetings Act, the special meeting was
called to order at 6:02 pm by Mayor Daniel J. Staackmann. Clerk Kalogerakos called the roll.
In attendance were:
Elected Officials: President Daniel Staackmann, Trustees Dan DiMaria, Larry
Gomberg, William Great, Sheldon Marcus, John Thill, and Maria
Toth, and Village Clerk Tony Kalogerakos
Village Staff: Village Administrator Joseph F. Wade, Corporation Counsel
Teresa Hoffman Liston, Community and Economic Development
Director Bill Neuendorf
Also Present: No one
President Staackmann announced the purpose of the meeting was to discuss and review prior
Executive Session minutes, to discuss whether such minutes should be released or kept
confidential, discuss whether recordings of these minutes should be destroyed in accordance
with the Open Meetings Act, and to discuss the purchase of real estate, and collective bargaining.
All such topics are appropriate for Executive Session.
Trustee Marcus moved to adjourn to Executive Session to review Executive Session minutes.
The motion was seconded by Trustee Thill and approved unanimously pursuant to a roll call vote
at 6:04 p.m.
At the close of the Executive Session, Trustee Thill moved to close the special meeting. The
motion was seconded by Trustee Marcus and approved unanimously pursuant to a voice vote at
6:55 pm. A
by: Tony S. Kalogerakos
Special meeting m in utes.09 -14 -09
CALL TO ORDER
Village President Dan Staackmann called the meeting to order at 7:00 p.m. After leading the
assemblage in the Pledge of Allegiance, he directed the Village Clerk to call the roll.
II. Village Clerk Tony Kalogerakos called the roll. Present were: Trustees Dan DiMaria, Larry
Gomberg, Bill Grear, Shel Marcus, John Thill, and Maria Toth.
III. APPROVAL OF MINUTES
Regarding the Minutes of the August 10, 2009 Regular Meeting, Trustee DiMaria moved,
seconded by Trustee Gomberg, to accept the Minutes as presented. There was no
discussion. Motion passed unanimously via voice vote.
Regarding the Minutes of the Special Meeting of August 30, 2009, Trustee DiMaria moved,
seconded by Trustee Gomberg, to accept the Minutes as presented. There was no
discussion. Trustee Marcus abstained from voting as he had not been present at this
meeting. Motion passed via voice vote.
Regarding the Minutes of the Special Meeting of September 2, 2009, Trustee DiMaria
moved, seconded by Trustee Gomberg, to accept the Minutes as presented. There was
no discussion. Motion passed unanimously via voice vote.
IV. PUBLIC HEARINGS
NONE
V. SPECIAL REPORTS
Swearing -In Ceremony of New Deputy Police Chiefs
Mayor Staackmann
said that it was
a great honor to
promote two of the Police Department's
finest officers, Norm
Stromberg and
Brian Fennelly,
to the position of Deputy Chief.
He provided some background regarding Commander Stromberg. He graduated Niles North
in 1981 and began his Morton Grove career in 1983 as a dispatcher. He became a Patrol
Minutes of April 27, 2008 Board Meeting
V. SPECIAL REPORTS (continued)
Officer in 1989 and subsequently was made Field Training Coordinator. In 1996, he became
a Detective. He received numerous awards, including the Cook County Sheriff's Award of
Merit. In 2002 he was promoted to Sergeant, and in 2005, was named a Commander. He
has also represented the Village on the North Regional Major Crimes Task Force (NORTAF).
Mayor Staackmann swore in Deputy Chief Stromberg, as he was congratulated by the Board,
the assemblage, his family, and members of the Police Department.
Mayor Staackmann then gave some background about Asst. Commander Fennelly. He grad-
uated from Maine South in 1990 and joined the Morton Grove Police Department in 1999 as a
Patrol Officer. He served as an evidence technician and was promoted in 2002 to Detective.
In 2006, after receiving numerous departmental and other awards, he became a Sergeant,
and in January of 2009, was promoted to Assistant Commander. He heads NIPSA's Mobile
Field Force, which was deployed earlier this year to assist the City of Chicago with Barack
Obama's victory celebration in Grant Park,
Mayor Staackmann
swore in Deputy Chief
Fennelly, as
he was congratulated by the Board,
the assemblage, his
family, and members
of the Police
Department.
Mayor Staackmann said that he couldn't say enough about the Village's Police, Fire, and Pub-
lic Works Departments. He said that he had attended NIPSA's Public Awareness Day over
the weekend and said it was great to see the intercooperation and the great representation
made by Morton Grove's departments.
Police Chief Mark Erickson congratulated both Deputy Chiefs on their outstanding careers
thus far. He said that having two deputy chiefs will provide a more effective operation for the
Police Department, noting that "we've strengthened our ranks at no cost to the Village". He
said this move will enhance accountability and was a "profoundly needed adjustment" that will
result in improved services to the community and a more professional Police Department.
VI. RESIDENTS' COMMENTS (Agenda Items Only)
VII.
l WO M
Mayor Staackmann had a number of proclamations:
He proclaimed the week of September 21, 2009 as "Live United Week ", noting that, by
supporting three key issues — education, income, and health —each person in Morton Grove
can help create opportunities for people to improve their lives so they can become indepen-
dent. He urged everyone to observe this week with appropriate programs, activities, and ce-
remonies that advance the common good.
2. He proclaimed October 4– October 10 as "Fire Prevention Week" in the Village. This year's
theme of Fire Prevention Week is "Stay Fire Smart! Don't Get Burned! ", which effectively
serves to remind us all of the simple actions that can be taken to stay safer from fire, not only
this week, but year- round. Mayor Staackmann encouraged everyone to heed the important
safety messages of Fire Prevention Week and to support the many public safety activities and
efforts of Morton Grove's fire and emergency services.
VII
PRESIDENT'S REPORT (continued)
Minutes of April 27, 2009 Board Meeting
3. In honor of its 100 -year anniversary, Mayor Staackmann presented a proclamation naming
October 10, 2010, as "Jerusalem Lutheran School Day' in the Village to Daniel Hoffman and
other representatives of Jerusalem Lutheran School. The Board applauded the school and its
accomplishments in the Village.
4. Next, to honor its 30 -year anniversary of being a Village "corporate citizen ", Mayor Staack-
mann proclaimed the Fall Season of 2009 to George Alpogianis, proprietor of Kappy's Res-
taurant and Pancake House, a family -owned and operated business. The board wished
George another 30 years of success.
5. Mayor Staackmann then proclaimed September 16, 2009 as "American Legion Day." He said
that American Legion Post #134 has been a vital part of the Village, including its contributions
to the Morton Grove Days festival and the many veterans that have returned home. Post
#134 educates the public to the many worthwhile activities Legion members are involved in,
including fundraising, troop support and recover, and hospital and nursing home visits. He
presented the proclamation to the Legion Post Commander with the Village's thanks.
6. Mayor Staackmann asked the Board's concurrence for the reappointments of Jim Quinn and
Paul Minx to the Fire Pension Board, noting that both men have done an exemplary job on
this board. Trustee Grear moved to approve the reappointments of both, seconded by
Trustee Marcus. Motion passed unanimously via voice vote.
VIII. CLERK'S REPORT
Clerk Kalogerakos reported that the Board had discussed the release of certain Executive
Session Minutes and tapes. He noted that, at next month's meeting, he would be presenting a
motion as to the disposition of certain Executive Session Minutes.
IX. STAFF REPORTS
A. Village Administrator
Mr. Wade announced that a Special Meeting would be held on Wednesday, September 30,
2009, to discuss the solid waste /recycling contract and the consideration of a commercial
solid waste franchise. The meeting takes place at 7:00 p.m. and is open to the public.
2. Mr. Wade noted that the Village Board Meeting scheduled for Monday, September 28, 2009,
was cancelled for the observance of Yom Kippur.
3. Mr. Wade
provided the schedule for the upcoming
Budget Workshops, which are open to the
public and
October 5,
take place at
2009 at 7:00
Village Hall: Wednesday, September 23, 2009 at 7:00 p.m.; Monday,
p.m.; and Monday, October 19, 2009, at 7:00 p.m.
4. Mr. Wade said that he had received correspondence from METRA noting that Golf Road
would be closed between September 18 at 6:30 p.m. and September 21 at 6:00 p.m. for
reconstruction of the METRA bridge just east of the Waukegan Road intersection. Motorists in
the area are advised to seek alternate routes.
IX.
B. Corporation Counsel:
Ms. Liston had no report.
X.
A. Trustee DiMaria:
Trustee DiMaria had no report.
B. Trustee Gomberq:
STAFF REPORTS (continued)
TRUSTEES'REPORTS
Minutes of April 27, 2009 Board Meeting
Trustee Gomberg presented Resolution 09 -46, Authorizing Staff to Proceed with Neces-
sary Work to Refinance Municipal Obligation Bonds SErie§ 2002.
He explained that, favorable market conditions suggest a window of opportunity for the Village
to avail itself of savings through refinancing its General Obligation Bonds, Series 2002.
Pending sale market conditions, savings for the Village are estimated at $434,000 over the life
of the issue. The estimated cost of the refunding is $50,500, for an estimated net savings of
$383,500 over the life of the issue. This resolution will authorize Village staff to retain special
counsel and take all steps necessary to being the refinancing process.
Trustee Gomberg moved, seconded by Trustee DiMaria, to approve Resolution 09 -46.
Motion passed: 6 ayes, 0 nays.
Tr. DiMaria aye Tr. Gomberg acre Tr. Grear aye
Tr. Marcus aae Tr. Thill aye Tr. Toth aye
2. Trustee Gomberg next presented Ordinance 09 -16, 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 Connec-
tion 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.
He explained that, 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 can be achieved by the issuance of General Obligation Refunding
Bonds. The bonds were sold this morning at an interest rate of 3.7079 %, and the proceeds
will go toward the costs associated with the retirement of the 2002 Bonds referenced in
Resolution 09 -46, which the Board passed moments ago.
Trustee Gomberg moved to approve Ordinance 09 -15. The r
DiMaria. Trustee Gomberg then moved to waive the second
because the Ordinance must be approved the same day the
seconded the motion, which passed: 6 ayes, 0 nays.
Tr. DiMaria aye Tr. Gomberg aye
Tr. Marcus aye Tr. Thill aye
notion was seconded by Trustee
reading of this Ordinance,
bonds are sold. Trustee DiMaria
Tr. Grear aye
Tr. Toth aye
X.
B. Trustee Gomberg: (cont'd.)
TRUSTEES' REPORTS (continued)
Minutes of April 27, 2005 Board Meeting
Trustee Gomberg asked Mr. Bill Kaufman of Speer Financial what kind of savings this would
mean for the Village. He responded that the Village would realize about $590,000, which he
called a "great result ". That figure is based on the sale amount from this morning. He said
that there were 5 bidders, with the winner being Morgan Keegan. The bond size was
4,920,000.
The motion having been duly made and seconded, Mayor Staackmann called for the vote on
the approval of Ordinance 09 -15. Motion passed: 6 ayes, 0 nays.
Tr. DiMaria avee Tr. Gomberg aae Tr. Grear aae
Tr. Marcus aye Tr. Thill eye Tr. Toth acre
3. Trustee Gomberg introduced for a first reading Ordinance 09 -16, Amending the Village of
Morton Grove Code Sections 1 -4 -2, 1 -4 -3, 4- 12L -14, 4- 17G -7, 5 -9 -1, 7 -10 -6, 8 -9 -7,
12- 14 -16, and 12 -16 -6.
He explained that the Village is continuously reviewing and, as it deems necessary, updating
existing Municipal Code sections to assure they are kept current and relevant. This Ordinance
will approve miscellaneous text amendments to amend, update, and clarify the Village's Code
primarily pertaining to fines and penalties.
There was no further discussion on Ordinance 09 -16.
Trustee Gomberg noted that the initial Condominium Association meeting scheduled for
September 23, 2009 was now in conflict with the Budget Workshop scheduled for the same
day. He said he had spoken with Mike Isaac, chairman of the Condo Association, and they
had agreed to reschedule the Condominium Association meeting to October 28, 2009.
5• Trustee Gomberg announced that the Community Relations Commission is sponsoring a
Village -wide endeavor to put together a book of everyone's "Most Memorable Morton Grove
Moments ". This is open to all ages, young and old. Entries are limited to one side of one sheet
of 8.5 x 11 TT paper and should be submitted to Village Hall by December 31, 2009. More
detailed information is available on the Village's website and can also be seen on Channel 6.
C. Trustee Grear:
Trustee Grear presented Resolution 09-47, Authorizing the Execution of an Intergovern-
mental Agreement Between the Villages of Morton Grove, Niles, and Skokie, for Mutual
Aid Ambulance Billing.
He explained that the proposed Intergovernmental Agreement would authorize the assess-
ment 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.
X.
C. Trustee Grear: (cont'd.)
TRUSTEES' REPORTS (continued)
All three communities have identical pricing structures for ambulance service. The pricing
structures provide for a reduced rate for residents of the respective community and stipulate
that each community will accept payment assigned by a qualifying insurance carrier.
Trustee Thill asked about the abbreviations "BLS" and "ALS" noted in the Ordinance. Fire
Chief Tom Friel explained that BLS means basic life support and ALS means advanced life
support. These abbreviations are commonly used by insurance companies.
Trustee Grear moved to approve Resolution 09 -47, seconded by Trustee Toth. Motion
passed: 6 ayes, 0 nays.
Tr. DiMaria aye Tr. Gomberg aye Tr. Grear aye
Tr. Marcus acre Tr. Thill aye Tr. Toth aye
2. Next, Trustee Greer presented for a first reading Ordinance 09 -19, Amending Title 9,
Chapter 2, Section 2, of the Village of Morton Grove Municipal Code Entitled
"Automatic Fire Extinguishment ".
He said that this ordinance will strengthen and clarify the Municipal Code with respect to fire
sprinkling systems and associated equipment and devices. It is the recommendation of the
Fire Prevention Bureau that this ordinance be updated and made consistent with current pro-
cedures and Illinois law.
There was no further discussion on Ordinance 09 -19.
3. Trustee Grear noted that it has been a busy month thus far, and he wanted to give some
accolades. He thanked the Village staff for arranging the bus tour with the Village's congres-
sional representatives, and said he found it "amazing ". Trustee Grear found the meeting on
capital projects very informative as well. He said he had attended the NIPSA Public Service
Awareness Day event and was very proud to be there. This is the second year NIPSA has
done this, and Trustee Grear said he was overwhelmed by Morton Grove's participation.
He added that he also heard from people attending the event that "Morton Grove has the best
snow plowing in the State." Trustee Grear said he had had an opportunity to sit in on his first
round of job interviews held by the Fire & Police Commission, and thanked Chairman Mike
Simkins and Commissioners Tony Hofeld and Sue Anderson for their dedication and profes-
sionalism. There were 22 applicants, and he said was very impressed by the Commission
and by Chief Friel. Trustee Grear also promoted the Chamber of Commerce's Golf Outing,
scheduled for Wednesday, September 16, at Chevy Chase. Finally, he noted that
St. Martha's would be holding an Octoberfest on Saturday, October 3, from 4pm to 10pm, and
that on Friday, November 13, St. Martha's would be holding its 901h Anniversary Dinner Dance
at the White Eagle in Niles. He urged residents to support these various activities to the best
extent possible.
X.
TRUSTEES' REPORTS (continued)
Trustee Marcus
Minutes of April 27, 2009 Board Meeting
Trustee Marcus presented Resolution 09 -48, Authorizing the Annual Veterans Day
Parade.
He explained that this resolution is necessary to approve the closing of Dempster Street for
the Annual Veterans Day Parade. This year's parade will be held on Sunday, November 8,
2009. Dempster Street will be closed from 1:00 to 3:00 p.m.
Trustee Marcus moved to approve Resolution 09 -48, seconded by Trustee Thill. Motion
passed: 6 ayes, 0 nays.
Tr. DiMaria avee
Tr. Marcus acre
Tr.
Gomberg
a rye
Tr.
Grear
ave
Tr.
Thill
av?
Tr.
Toth
a rye
2. Next, Trustee Marcus introduced for a first reading Ordinance 09 -17, Amending Title 5,
Chapter 1, of the Village of Morton Grove Municipal Code Entitled "Traffic Administra-
tion and Enforcement ".
He explained that the Village, as part of its regular review of its Municipal Code, has reviewed
Title 5, Chapter 1, entitled "Administration and Enforcement ", and has put together this
ordinance to update the code provisions to regulate the Village's procedures for ordering the
immobilization of vehicles and administrative towing and impoundment.
There was no further discussion on Ordinance 09 -17.
Trustee Marcus then presented for a first reading Ordinance 09 -18, Amending Title 5,
Chapter 4, Section 16, of the Village of Morton Grove Municipal Code Entitled "Railroad
Crossing Regulations ".
He explained that this ordinance will strengthen and clarify Village ordinances prohibiting
drivers and pedestrians from crossing railroad crossings when a train is approaching. This is
again the result of the Village's regular review of its Municipal Code, and was recommended
by the Chief of Police.
There was no further discussion on Ordinance 09 -18.
4. Trustee Marcus brought forward Resolution 09 -53, Authorization for the Disposition of
Unclaimed Bicycles Recovered by the Morton Grove Police Department.
He explained that the Police Department regularly receives calls for found bicycles, which are
then collected, 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 depart-
ment can dispose of the bicycles in accordance with department policies and State guidelines.
In the past, the department has auctioned off the bicycles, but it has been determined that
that is not a cost - effective way of disposing of them. This resolution authorizes the donation
of nine found bicycles to a not - for - profit group called "Working Bikes" in Chicago.
K
D. Trustee Marcus: (continued)
TRUSTEES' REPORTS (continued)
Minutes of April 27, 2009 Board Meeting
Trustee Marcus moved to approve Resolution 09 -53, seconded by Trustee DiMaria. Motion
passed: 6 ayes, 0 nays.
Tr. DiMaria aye Tr. Gomberg aye Tr. Grear aye
Tr. Marcus aye Tr. Thill Ue Tr. Toth aye
5. Trustee Marcus reiterated Trustee Grear's encouragement for everyone to support the
Chamber of Commerce's annual golf outing.
6. Trustee Marcus said that the Environmental Health
Board had held a "shredding"
event at the
Civic Center this past
Saturday. The event was even
more successful
than last year's. He
complimented Bonnie
Burnett for doing a great job
of coordinating this
event.
F. Trustee Thill
1. Trustee Thill presented Resolution 09 -50, Authorization to Purchase 4,500 Tons of
Roadway Salt.
He explained that this resolution would commit the Village to purchasing 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.
Trustee Thill moved, seconded by Trustee Toth, to approve Resolution 09 -50. Mayor
Staackmann asked Public Works Director Andy DeMonte how much salt is leftover from last
winter. He responded that the Village currently as about 1,500 tons of salt left. Trustee
Marcus asked about the pricing. Mr. DeMonte said that, last year, the lowest price the Village
could get was $105 per ton. This year, as the resolution states, the price is set at $74.00 per
ton.
The motion having been duly made and seconde
approval of Resolution 09 -50. Motion passed: 6
Tr. DiMaria aye Tr. Gomberg
Tr. Marcus aye Tr. Thill
Next, Trustee Thill presented Resolution 09 -51,
Owned by the Village of Morton Grove.
d, Trustee Staackmann called for the vote on
ayes, 0 nays:
aye Tr. Grear aye
aye Tr. Toth aye
Authorizing the Sale of Surplus Property
He explained that the Public Works Department annually reviews vehicle and equipment
condition for all Village departments, and has determined that several vehicles are no longer
useful for a variety of reasons, including cost of maintenance, schedule of replacement,
outdated, or no longer used. This resolution authorizes the Village to sell, through the
Northwest Municipal Conference auction, a 2000 Ford Crown Victoria, a 2000 Chevrolet
Blazer, a 2002 Ford Crown Victoria, a 2003 Ford Crown Victoria, and a 2005 Ford Crown
Victoria
Minutes of April 27, 2009 Board Meeting
X. TRUSTEES' REPORTS (continued)
E. Trustee Thill: (continued)
Trustee Thill moved to approve Resolution 09 -51. Trustee Marcus seconded the motion.
3. Motion passed: 6 ayes, 0 nays.
Tr. DiMaria ave Tr. Gomberg ave Tr. Grear aye
Tr. Marcus ave Tr. Thill ave Tr. Toth aye
Trustee Thill then introduced for a first reading Ordinance 09 -21, Amending Title 5,
Chapter 8, Section 7, Entitled "Load Restriction Weight Limits" and Title 5,
4. 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.
He explained that, as part of its regular review of the Municipal Code, and in conjunction with
the goal of further developing the Lehigh /Ferris Redevelopment District into a more transit -
oriented, pedestrian - friendly neighborhood, the Village, working with its traffic consulting firm,
has determined that certain streets within it should no longer be designated as "truck routes ".
A truck route allows motor vehicles weighing over eight tons or with a license plate
designation of "H" or higher to travel on it. This ordinance will remove the following streets
from their prior designation as "truck routes': Austin Avenue between Lincoln Avenue and
Main Street; 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 Street; and Lincoln Avenue between Ferris and Linder.
There was no further discussion on Ordinance 09 -21.
Trustee Toth:
Trustee Toth presented Resolution 09 -52, Authorization to Execute a Contract with Inter-
national Piping Systems, Inc. for Maintenance of Heating and Air Conditioning Equip-
ment.
She explained that the Village has contracted for periodic maintenance of its HVAC equip-
ment 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 quar-
terly, but they are also fully responsible for replacement parts and labor. The contract term is
for three years. Following a competitive bidding process, the lowest responsible bidder was
International Piping Systems, Inc. of Schaumburg, in the amount of $1,824.17 per month.
XI. OTHER BUSINESS
Mayor Staackmann reminded the assemblage about the upcoming Memorial Day Parade,
which will be held on Sunday, May 24, beginning at the American Legion Memorial Civic
Center at 1:00 p.m. This information will also be on the Village's website.
Trustee Marcus said that, as the liaison to the Chamber of Commerce, he has been ap-
XII.
XIII
XIV
XIV,
proached by businesses on Waukegan Road, complaining that the lights keep going out.
Public Works looked into it and said it was a Commonwealth Edison problem. ComEd came
out and said there was an issue over a certain part. Trustee Marcus and the businesses are
concerned that this may be an ongoing problem. Mr. DeMonte said that ComEd reported they
had fixed the problem. Lyon Pinner Electric, the electrical contractor, has also checked into it.
All parties are aware of the problem and are trying to make sure it's permanently resolved.
WARRANTS
Trustee Gomberg presented the Warrant Register for May 11, 2009 in the amount of
$362,817.40. He moved to accept the Warrants, seconded by Trustee Thill. There was no
discussion. Motion passed: 5 ayes, 0 nays.
Tr. DiMaria aye Tr. Gomberg aye Tr. Grear aye
Tr. Marcus aye Tr. Thill aye
RESIDENTS' COMMENTS
Rudy Firenza, 7628 Lake. Mr. Firenza said that he's come to numerous Board meetings re-
garding the sanitary sewer backing up in his neighborhood. He said he had asked the pre-
vious mayor to investigate this with Cook County/Water Reclamation District. He hopes that
someone from the Village had investigated and if there are any answers. Mayor Staackmann
said he would talk to Public Works about this and get back to Mr. Firenza.
ADJOURNMENT /EXECUTIVE SESSION
There being no further business, Trustee Marcus moved to adjourn to Executive Session to
discuss personnel, collective bargaining negotiations, the purchase and sale of real estate,
and pending and probably litigation. Trustee Thill seconded the motion. Motion passed:
5 ayes, 0 nays.
Tr. DiMaria aye Tr. Gomberg aye Tr. Grear aye
Tr. Marcus aye Tr. Thill aye
The Board Meeting adjourned to Executive Session at 7:55 p.m.
Mayor Staackmann called the Executive Session to order at 8:06 p.m. In attendance were
Mayor Staackmann, Clerk Kalogerakos, Trustees DiMaria, Gomberg, Grear, Marcus, and
Thill. Also attending from Village staff were Village Administrator Wade, Corporation Counsel
Liston, Public Works Director DeMonte, and Economic and Community Development Director
Neuendorf.
ADJOURNMENT /EXECUTIVE SESSION (continued)
There being no further discussion under Executive Session, Trustee DiMaria moved,
seconded by Trustee Thill, to adjourn the Executive Session. The motion passed unanim-
ously via voice vote. The Executive Session adjourned at 10:00 p.m.
Trustee
DiMaria
then moved to
adjourn
the Board Meeting, seconded by Trustee Thill.
The
motion
passed
unanimously
via voice
vote. The Board Meeting adjourned
at 10:01
p.m.
m
PASSED this 8th day of June, 2009.
Trustee
DiMaria
Trustee
Gomberg
Trustee
Grear
Trustee
Marcus
Trustee
Thill
Trustee
Toth
APPROVED by me this 8th day of June, 2009.
Daniel J. Staackmann, Village President
Board of Trustees, Morton Grove, Illinois
APPROVED and FILED in my office this 9th day of June, 2009.
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove, Cook County, Illinois
Minutes of April p 27, 2009 Board Meeting:
Minutes by. Teresa Causer
1�
MINUTES OF THE SEPTEMBER 23, 2009, SPECIAL MEETING —
BUDGET WORKSHOP
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 7:02 pm by Mayor Daniel J. Staackmann who led the assemblage in the pledge
of allegiance. Clerk Kalogerakos called the roll. In attendance were:
Elected Officials: President Daniel Staaekmann, Trustees Dan DiMaria, Larry
Gomberg, William Grear, Sheldon Marcus, John Thill, and Maria
Toth, and Village Clerk Tony Kalogerakos
Village Staff: Village Administrator Joseph F. Wade, Corporation Counsel
Teresa Hoffman Liston, Finance Director /Treasurer Ryan Horne,
Community and Economic Development Director Bill Neuendorf,
Public Works Director Andy DeMonte, Police Chief Mark
Erickson, Police Commander Brian Fennelly, Police Commander
Norman Stromberg, Family and Senior Services Director Jackie
Walker O'Keefe, Network Administrator Boyle Wong, Family and
Senior Services Coordinator Bud Swanson, Building
Commissioner Ed Hildebrandt, and Fire Chief Tom Friel
Also Present: Members of the press and public
President Staackmann introduced Mr. Wade to the assemblage who stated this is the first of a
series of workshops for the 2010 budget. Mr. Wade noted this is a long process and thanked
staff for their hard work and efforts. Mr. Wade noted Morton Grove, like many municipalities,
was wrestling with the current recession in order to meet escalating costs coupled with shrinking
revenues. The Village has taken a series of cost saving steps that include not filling the
following staff positions the human resource manager, a police officer, a pumping station
operator, an account intern, part-time social worker, part-time custodian, and a receptionist at the
senior center. The Village had also deferred filling the finance director, a mechanic's position,
assistant finance director, and two community service officers positions. Capital items have also
been deferred. The 2010 budget, as prepared to date by staff, is in draft form and subject to
revision at the direction of the Village Board. The current budget is based on a 0% cost -of- living
increase for non - represented employees; however, all 2010 pension contributions will be fully
funded. The Village will continue to defer capital items such as streets, water mains, and alley
improvements. The administration recognizes these items need attention but due to the dire
economy they are again being deferred.
Mr. Wade then introduced Finance Director /TreasurerRyan Home. Mr. Horne stated this is the
first of a series of budget workshops with the last to be conducted on October 19, 2009. He
noted all time data being provided today must be considered within context. Mr. Horne stated in
2009 the projected revenues were calculated at $21,765,674. However, budgeted operating
expenses were estimated at $24,554,480 for a deficit in 2009 of $3 million which will be made
up by a withdrawal from the Village's fund balance. This $3 million deficit is caused in part by
declining revenues. The projected 2009 revenue is approximately $315,000 less than 2008
revenues, $1,400,000 less than 2007 revenues, and $1,300,000 from 2006 revenues. This is
attributed to declining real estate transfer taxes, sales taxes, and income taxes. During the same
period of time, the Village has also faced increasing expenses due to escalating pension costs,
increased costs for commodities, and personnel costs. Mr. Horne was pleased in both March and
September of 2009 the Village's bond ratings remained stable at Aa3. This rating, assessed by
Moody's remains stable despite the Village's financial state due to prudent fiscal management,
and available reserves. The Village currently has a reserve policy of 25% of operating budget.
In order to reach short term solutions to the financial crisis, the Village has, as Mr. Wade stated,
not filled or deferred staff positions and deferred capital expenses. Mr. Horne noted such
deferrals could not continue indefinitely and it was important for the Village to focus on its
priorities.
Mr. Horne then introduced the Administrative Budget. The Administrative Budget is broken
into four distinct departments, Legislative (which are expenses related to elected officials, boards
and commissions, and village functions), Legal, Administration, and Economic Development.
The 2010 Legislative Budget is requested at $107,900, a $30,180 or 22% decrease which can be
attributed in part to the elimination of Family Fest, and certain professional services. The
Administration Budget for 2010 requested in the amount of $387,210 is $16,127 less than the
2009 or a 4% decrease which is attributed to the elimination of the Village's Administrative
Intern. Mr. Horne noted. the 2009 Budget represented a significant decrease from previous years
because the Village did not fill the human resource manager's position for a savings of $85,146.
The Village's Legal Budget for 2010 requested in the amount of $408,000 was unchanged from
previous years. Mr. Horne stated in fiscal economic times litigation expenses are expected to
increase. Corporation Counsel Liston noted the Village was expected to go to arbitration with
respect to its FOP and IAFF contracts.
Mr. Horne then introduced the Economic Development Budget. The 2010 request in the
amount of $124,150 remained virtually unchanged from previous years. The Economic
Development Fund (Fund 16) was requested for 2010 in the amount of $272,625 or a decrease of
$79,148 from previous years. This fund's decrease is due in large part because the Village has
paid off its obligations under certain economic development agreements including the McGrath
Acura Agreement and the Menard's Agreement, as well as the St. Paul Federal Agreement. The
Village was also eliminating the Facade Improvement Program for 2010. This budget expects
slight increases to the Village's payment to District 70 and District 67.
Mr. Horne and Mr. Neuendorf then reported on the Village's Lehigh /Ferris TIF Fund (Fund
15). The revenue totals for 2010 were projected at $4,480,000, an increase of $469,500 due to
increased valuations. Expenditures related to the 2007 Bond issue were requested at $9,288,800.
Mr. Neuendorf stated unlike many other funds discussed during the budget process, the
Lehigh/Ferris TIF fund was an independent account and not based on the ,assessment of property
taxes from Village wide property owners. The revenue in this fund emanated from the bond
proceeds, and incremental taxes which can only be spent within the TIF fund. Mr. Neuendorf
stated capital projects expected within the district in 2010 included construction and realignment
costs for Lincoln and Ferris Avenues (railroad realignment) the Dempster Street water main, and
also marketing expenses which could be paid from the TIF Fund. Mr. Neuendorf then reported
on the Waukegan Road TIF District (Fund 17). The 2009 projected revenue was expected at
$727,500. Budget requests from this fund were expected to increase by $945,465 and included
possible land acquisition costs.
Mr. Horne then reported on the requested 2010 Finance Department Budget in the amount of
$2,310,080. This amount reflected a decrease from the previous year in the amount of $135,499
or 6 %. This decrease was due to a change in personnel for a savings of $55,195, and the fact the
Village paid off the loan for the 2006 ambulance. Retiree health insurance costs of $265,000 are
included in the Finance Department's budget. Mr. Horne also noted the 2010 Finance
Department Budget included Reserves in the amount of $333,000 which would be used to pay
increased health insurance costs and any personnel increase cost required by Collective _
Bargaining Agreements which have not yet been finalized.
Mr. Wong then introduced the Information Technology Budget. The 2010 budget request in
the amount of $464,713 remained virtually unchanged from the previous year. Mr. Wong then
noted the accomplishments from 2009 which included two major server refreshes, the increase in
high availability workers (cell phones that can also provide data), and electronic document
archiving. Mr. Wong had begun an e -mail archive and retention project as well. The 2010
informational technology goals include the establishment of citizen relationship management
software which will help track and enhance customer service. Mr. Wong is also working on a
microwave connectivity project which will eventually save the Village expenses for a phone wire
cost to transfer data between Village Hall buildings. Mr. Wong also noted the 2010 budget
includes a cost for server, hardware virtualization. The goal of information technology is to
either increase service /productivity at no cost or maintain current levels of service and
productivity at a cost savings.
Mr. Hildebrandt introduced the Building and Inspectional Service Budget which was requested
in 2010 in the amount of $513,150. This budget is virtually unchanged from previous years and
Mr. Hildebrandt noted a reduction in the part-time inspectors is planned. Mr. Hildebrandt also
noted the workload within the department had decreased due in large part to the declining
permits being issued, for example, from 2003 — 2006 permits per year averaged 900. In 2008,
there were 777 permits issued and as of September 30, 2009, only 372 permits have been issued.
Mr. Hildebrandt also introduced the Municipal Buildings Budget which request for 2010 was
$155,675 or a decrease from previous years in the amount of $150,350 (49 %). This decrease is
due to the fact no maintenance projects are included in the proposed budget.
Jackie Walker O'Keefe introduced the Family and Senior Service Budget requested for 2010 in
the amount of $397,073 which is virtually unchanged from previous years. Ms. Walker O'Keefe
summarized her department strives to provide high quality programs for residents and in 2009
successfully increased outreach efforts to seniors and disabled residents. Also in12009, the
Village received a grant in the amount of $57,714 to replace the 1999 senior bus. Ms. Walker
O'Keefe noted the 2010 goals and objectives which included maintaining social services for
seniors, and identified gaps in social services for non - seniors. Bud Swanson introduced the
Civic Center Budget in the amount of $277,350 which represented a decrease of $9,346 or 3 %.
In 2009 the senior center surpassed its revenue goals and received revenue in the amount of
$140,180 which compares favorably to 2005 revenue in the amount of $57,762. He noted the
Village takes great pride in keeping the building attractive and maintaining a high level of
customer service which is why rentals seem to be very popular there. Mr. Swanson stated the
department was considering a slight increase in rental rates. Mr. Swanson also noted the new
roof expense has been completed in 2009 and in 2010 the department planned to rebuild the
chimney.
Mayor Staackmann asked for questions from the Board and there were none. He then asked for a
questions from the audience and there none.
There being no further business, Trustee Di Maria moved to adjourn the Special Meeting. The
motion was seconded by Trustee Marcus and approved unanimously pursuant to a voice vote at
8:00 pm.
Minutes by: Tony S. Kalogerakos
Special meeting minutes, 09 -23.09
MINUTES OF THE SEPTEMBER 30, 2009, SPECIAL MEETING
OF THE BOARD OF TRUSTEES
RICHARD T. FLICKINGER MUNICIPAL CENTER —
TRUSTEES' CONFERENCE ROOM
6101 CAPULINA AVENUE
MORTON GROVE, ILLINOIS 60053
Pursuant to proper notice in accordance with the Open Meetings Act, the special meeting was called
to order at 7:00 pm by Mayor Daniel J. Staackmann who led the assemblage in the pledge of
allegiance. Clerk Kalogerakos called the roll. In attendance were:
Elected Officials: President Daniel Staackmann, Trustees Dan DiMaria, Larry
Gomberg, William Great, Sheldon Marcus, John Thill, and Maria
Toth, and Village Clerk Tony Kalogerakos
Village Staff: Village Administrator Joseph F. Wade, Corporation Counsel Teresa
Hoffman Liston, Fire Chief Tom Friel, and Public Works Director
Andy DeMonte
Also Present: Solid Waste Agency of Northern Cook County Director Brooke Beal,
numerous residents and members of the press
Mayor Staackmaim stated the purpose of this evening's meeting was to provide an overview of the
Village's Solid Waste Program. He noted the Village of Morton Grove operates on facts and not
conjecture, and the Village's current garbage contract was subject to competitive bidding and
subsequently given an extension for logical reasons. The Village has one of the best garbage
contracts around which results in a cleaner Village, better rodent control, and increased recycling.
The last contract extension, the Village negotiated and saved taxpayers hundreds of thousands of
dollars. Mayor Staackmann noted the Village is going out to bid for a new solid waste contract. No
one company is guaranteed to win this contract and all bidding will be in accordance with law. The
Village's main goal is to have a fair distribution of cost and retain the service level the Village
currently enjoys including leaf pick -up, recycling, and weekly garbage pick -up.
Mr. Wade then provided an overview of the Village's current solid waste services. He noted under
its current contract, the Village and its solid waste provider currently pick -up 1,500 tons of leaves
each year which is important to the aesthetics of the community.
Mr. Wade then introduced Brooke Beal, the Director of the Solid Waste Agency of Northern Cook
County ( SWANCC). He explained SWANCC is a national leader of intergovernmental agencies
for solid waste collection and management. SWANCC was formed over 20 years old at a time
when Villages were facing possible shortages of landfills and transfer stations. Mr. Beal stated the
purpose of SWANCC is to help and assist communities like Morton Grove acquire the best solid
waste services at the best possible price.
Mr. Beal then reviewed the terms of the Village's current contract which he said were quite
favorable. They included weekly unlimited pick -up, at no extra charge, the use of toters, free bulk
item pick -up, white goods pick -up at a cost of $25, and weekly sticker program, and a fall leaf pick-
up built into the base price. Mr. Beal noted the Village's current hauler bills the residents and the
Village on a quarterly basis. Currently, the fee for residents is $10.40 per month for a single family
home with the Village paying $2.45. The multi- family unit charge is $7.10 per month. The current
disposal fee is $5.00 per month which is also paid by the municipality. This amount is reduced by
the Village's recycling income at the rate of approximately $.60 per month per household for a total
net cost for disposal of $4.40 per household per month. The Village's current contract expires in
April 2010. The Village's current cost for solid waste pick -up is $724,000.
Mr. Beal stated he is currently working with staff to develop a Request for Proposal (RFP) for the
2010 contract. As part of this process, the Village will look at keeping its current level of service
unchanged. It will analyze its leaf pick -up option and look to reduce disposal costs. Mr. Beal stated
the timeline included in the RFP is to have it distributed in October 2009 with responses due in
November 2009, and staff recommendations to be completed by December 2009.
Mr. Beal then provided an overview of a Commercial Solid Waste Franchise. Under the current
system, individual businesses can contract with any licensed waste firm. Prices are negotiable and
_ most businesses pay fuel and other surcharges which amount to 10% to 15% of the contract.
Service issues between the businesses and the solid waste providers are handled independent of the
Village. The results of this system are that haulers are not uniformly charged for services, often
times pick -ups are missed and containers are overflowing, recycling services are either not offered
or are too costly and the haulers often have hidden extra fees for recycling and fueling.
Under a franchise system, the costs will be known without any hidden extras. A recycling program
will be established and encouraged. The Village's contract will provide for liquidated damages for
violations of ordinances, missed pick -ups, and strike protection. The franchise agreement will
guarantee no business will see an increased cost from the transition for a fixed period of time.
Another benefit of a franchise system is there will be less trucks on the road resulting in reduced
wear and tear on the streets. Mr. Beal stated currently eight SWANCC communities out of 23 have
commercial franchises. Within the Chicago Metropolitan Area, 20 communities currently have
commercial franchises. Of neighboring communities that have instituted commercial franchises, the
Village of Highland Park reported 82% of its businesses have realized reduced costs. Niles reports
88% of their businesses have realized reduced costs, Hoffman Estates 89 %, Mt. Prospect 95 %, and
Evanston 95% for a total average of businesses reporting reduced costs of 90 %.
Mr. Beal stated there are arguments against franchises. One is that it eliminates competition,
however, Mr. Beal stated franchises are selected through a very competitive bidding process and in
fact competition can be intensified. Another argument is that businesses are not uniform and often
require specialized services. Mr. Beal stated the franchise agreement will provide options for
different types and sizes of businesses with a flexibility for recycling. Another argument is a
franchises stops innovation. However, Mr. Beal stated residential franchises have been in existence
for over 50 years and there have been substantial innovations including single stream recycling,
automation, and the use of toters.
Mayor Staaekmarm then asked if special provisions can be made for large industries and businesses
with nationwide contracts. Mr. Beal stated the agreement can be customized to take that into
consideration. Mayor Staackmann also asked if businesses could share dumpsters resulting in a
lower fee. Mr. Beal stated that is certainly possible. Trustee Toth asked for more information about
basic recycling. Mr. Beal stated the franchise agreement could be tailored to the needs and wishes
of the Village. Some communities provide all recycling free. Some communities provide basic
recycling free with a $10 fee for other recycling.
Mayor Staackmann then asked Mr. Wade to review the Village's next steps and processes. Mr.
Wade stated staff will draft an RFP to cover all current services. The elected officials and staff will
work with the Ad Hoc Committee to insure all concerns are taken into account. There will be full
transparency in the review of all bids that come back and the Village will work to obtain the best
possible price. Mr. Wade stated optimally the Village was looking for a seamless transition for its
next contract.
Mayor Staackmann then asked for comments from the audience.
A representative from a private firm asked if roll -off containers would be part of the commercial
franchise agreement. Mr. Wade stated that was subject to review and possibly could be considered.
The business owner stated small businesses that offer roll -off services can not compete for franchise
agreement. He also advised ten small roll -off container companies have filed a lawsuit in federal
court that remains pending. He stated while they cannot compete on price, the smaller companies
give quicker and better services.
Trustee Grear asked if the Village could survey some of the local businesses and Mr. Wade stated
he planned to do so as part of the process.
One resident asked if Groot had already been selected by S WANCC. Mr. Beal stated Groot only
manages SWANCC's transfer station. Mr. Beal works for the municipalities and SWANCC and
not for Groot or any hauler. S WANCC is a non - taxing governmental entity. It provides solid waste
and recycling programs. Last year it turned back a profit to its members, especially for recycling.
A representative of the Construction Material Recycling Programs for Illinois asked the Board to
exclude construction recycling materials from its franchise agreement. She stated this is a
specialized product and a franchise agreement would have a negative impact on recycling of
construction materials. Construction material recycling differs from regular commercial solid
waste.
Another owner of an independent hauler asked the Board to consider that small companies had
families to feed.
There being no further business, Trustee Di Maria moved to adjourn to Special Meeting. The
motion was seconded by Trustee toth and approved unanimously pursuant to a voice vote at 7:50
pm.
Minutes by: Tony S. Kalogerakos
Special meeting minutes.0930 -09
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
OFFICIAL OATH
I; ROBERT ZIELIN 'KI, do solemnly swe (affirmf -that I will support the C' titution of
the' United States, the Constitution of the State of Illinois, the Rules, Regulations "arid'
gg
Ordinances of the Village of Morton Grp." , an .' will faithfully discharge all the duties
of the office of POLICE COMMANDEI7� e1ges "Morton�Gro've to the best of my
e ti v
NX, � 2
.-=I,.
ability.
ROBERT ZIELINSKI
SIGNED and SWORN before me
this 14th day of September 2009.
ROBERT B. ZIELINSKI
Promoted to Commander — Effective September 14, 2009
Robert Brian Zielinski was born and raised in Chicago and graduated from Notre Dame
High School. Robert continued his education as a Scholarship Student Athlete at
Illinois State University. While at Illinois State University, Robert was a four year
starter, captain of his football team and named to the Athletic Director's Honor Roll.
Robert received a Bachelor's Degree of Science with a Criminal Justice Major and
Sociology Minor. Robert graduates from Columbia Southern University in December
2009 with a Master's Degree in Criminal Justice Administration.
In 1999 Robert joined the Morton Grove Police Department. As a Police Officer,
Robert has continued his education and obtained positions as a Juvenile Officer,
Evidence Technician, Special Operations Officer, Detective and Sergeant. Robert is a
member of the North Regional Major Crimes Task Force (NORTAF), which is
comprised of 13 Northern Chicago Suburban Police Departments where -he serves as a
Homicide Detective and Team Leader.
As a member of the Morton Grove Police Department, Robert has investigated
numerous criminal cases which have been successfully prosecuted. As a result he has
been cited with various awards and commendations. Robert has received numerous
Letters of Appreciation and Honorable Mentions from the Morton Grove Police
Department.
Robert has also received the following distinguished awards:
American Legion - Commendation
America's Most Wanted - All Star
American Police Hall of Fame - Silver Star of Bravery
Chicago Crime Commission - Star of Distinction
Cook County Sheriff - Award of Valor
Federal Bureau of Investigation —3 Bank Robbery Arrest & Conviction Commendations
Illinois Association of Chiefs of Police- Medal of Valor
Illinois Law Enforcement - Medal of Honor
Illinois Police Association - Award of Valor
Illinois Tactical Officer's Association - Commendation
Morton Grove Police Department — Chief s Award of Valor
National Association of Police Organizations - 2006 Top Cop
Robert is married to his beautiful wife Kambri who is a Special Education Teacher of
the Deaf for the Chicago Public Schools. Together, they have two sons Braeden and
Kieler who mean the world to them.
STATE OF ILLINOIS
COUNTY OF COOK
SS.
OFFICIAL OATH
I, PAUL YARAS 'db solemnly swear (affirm) that,..
T
United�States the Constitution of the State of I
rdinances of the Village of Morton
the office of POLICE COMMANI
SIGNED and SWORN before me
this 14th day of September 2009.
/ Susah Lattanzi; "Oep y Village Clerk
will support the Constitution of the
nois, the Rules, Regulations' -snT'�
will faithfully discharge all the duties
o Morton Grove to the best of my
a A
Paul M. Yaras
Promoted to Commander — Effective SEPTEMBER 14" 2009
Paul Yaras was born and raised in Lincolnwood and graduated from
Niles West High School_ After graduating High School, Paul entered
the United States Air Force where he became a Security Police Officer.
During his four years in the Air Force, Paul received many awards
including the Air Force Commendation medal, the Kuwaiti Liberation
Medal, and two Air Force Achievement Medals. He served in Saudi
Arabia during Operation Desert Storm and also served in South Korea
where he was chosen to be a member of the base SWAT team. While
serving in the Air Force, Paul enrolled in college and received an early
promotion to E -4. Paul received a Bachelor's Degree from Northeastern
Illinois University after being Honorably Discharged from the Air Force.
In 1996 Paul joined the Morton Grove Police Department where he
served in many different positions within the department. He was
chosen to be a DARE Officer where he was directly involved in helping
over two thousand local Stn and 6t" graders resist drugs and peer
pressure. He received the John `Jack' Keenum. Award for outstanding
DARE Officer from the Illinois State Police and also helped the Morton
Grove Police Department win an award for Outstanding Educational
Display from the Illinois Crime Prevention Association. Paul also
became a Crime Prevention Officer, Juvenile Officer, Evidence
Technician, and Special Operations Officer during his career in Morton
Grove. Paul was promoted to the rank of Sergeant in 2008.
Paul has earned various awards and commendations during his tenure in
Morton Grove including the Cook County Sheriffs Award of Merit. He
also received numerous Letters of Appreciation and Honorable Mentions
from the Morton Grove Police Department over the past 13 years.
Paul has been married to his wife Kimmy for over nine years and has
four children; Lenny, Andrew, Sammy, and Wesley. His success as a
police officer would not have been possible without the love and support
of his family.
September 17, 2009
President & Board of Trustees
VILLAGE OF MORTON GROVE
6101 Capulina Ave.
Morton Grove, IL 60053
�-d
Fire and Police Commission
Direct Telephone 847/470 -5226 Fax 847/965 -7711
In accordance
with directives
issued by you,
competitive examinations were conducted in
accordance with
65 ILCS 5/10 -11
-6 of the Illinois
Compiled Statutes, 1992 (Revised).
The following person has qualified and is herewith appointed to a probationary status of Police
Officer in the Morton Grove Police Department of the Village of Morton Grove, Illinois, pursuant
to the Rules and Regulations of the Fire and Police Commission, effective on the date following his
naive.
DENNIS V. JOHNSON
Effective date
of appointment is September 21, 2009,
when he will
report to Conuntander Norm
Stromberg, at
9:00 a.m. Formal swearing in will be
conducted at the
Village Board meeting on
October 12, 2009, 7:00 p.m., at the Council Chambers,
6101 Capulina
Ave.
Submitted by:
Michael Simkins, Chairman
Fire & Police Commission
C: D. Johnson
Chief Erickson
J. Wade
Richard T. Flickinger Municipal Center
6101 Capulina Avenue ^ Morton Grove, Illinois 60053 -2985 4
Tel: (847) 965 -4100 Fax: (847) 965 -4162 Coo
September 17, 2009
President & Board of Trustees
VILLAGE OF MORTON GROVE
6101 Capulina Ave.
Morton Grove, IL 60053
Fire and Police Commission
Direct Telephone 847/470 -5226 Fax 847/965 -7711
In accordance
with directives
issued by you,
competitive examinations were conducted in
accordance with
65 ILCS 5/10 -2.1
-6 of the Illinois
Compiled Statutes, 1992 (Revised).
The following person has qualified and is herewith appointed to a probationary status of Police
Officer in the Morton Grove Police Department of the Village of Morton Grove, Illinois, pursuant
to the Rules and Regulations of the Fire and Police Commission, effective on the date following his
name.
MICHAEL B. JENSEN
Effective date of appointment is September 21, 2009, when he will report to Commander Nornn
Stromberg, at 9:00 a.m. Formal swearing in will be conducted at the Village Board meeting on
October 12, 2009, 7:00 p.m., at the Council Chambers, 6101 Capulina Ave.
Submitted by:
Michael Simkins, Chairman
Fire & Police Commission
C: M. Jensen
Chief Erickson
J. Wade
Richard T. Flickinger Municipal Center
6101 Capulina Avenue • Morton Grove, Illinois 60053 -2985
Tel: (847) 9654100 Fax: (847) 965 -4162
RecycICd PapcI
September 17, 2009
President & Board of Trustees
VILLAGE OF MORTON GROVE
6101 Capulina Ave.
Morton Grove, IL 60053
,
Fire and Police Commissi ®n
Direct Telephone 647/476 -5226 Fax 847/965 -7711
In accordance with directives issued by you, competitive examinations were conducted in
accordance with 65 ILCS 5/10 -2.1 -6 of the Illinois Compiled Statutes, 1992 (Revised).
The following person has qualified and is herewith appointed to a probationary status of Police
Officer in the Morton Grove Police Department of the Village of Morton Grove, Illinois, pursuant
to the Rules and Regulations of the Fire and Police Commission, effective on the date following his
name.
MICHAEL C. JOHANSON
Effective date of appointment is September 21, 2009,
Stromberg, at 9:00 a.m. Fomrai swearing in will be
when he will report to Commander Nom1
conducted at the Village Board meeting on
October 12,
2009, 7:00 p.m., at
the Council Chambers,
6101 Capulina
Ave.
Submitted by:
Michael Simkins, Chairman
Fire & Police Commission
C: M. lolianson
Chief Erickson
J. Wade
Richard T. Flickinger Municipal Center
6101 Capulina Avenue e Morton. Grove, Illinois 60053 -2985
Tel: (847) 965 -4100 Fax: (847) 965 -4162
ANNIVERSARY RECOGNITION
FOR YEARS OF SERVICE TO THE
VILLAGE OF MORTON GROVE
Nathan Akemann
Richard Baker
John Bencivenga
Andy DeMonte
Teofilo Padrid
Rick Pryor
Charles Roberts
Thomas Schultz
Sinnathurai Sivarajan
t
Fire Department
10
years
of service
Police Department
15
years
of service
Public Works
20
years
of service
Public Works
40
years
of service
Family and Senior Services
10
years
of service
Fire Department
10
years
of service
Police Department
25
years
of service
Police Department
45
years
of service
Family and Senior Services
10
years
of service
Richard T. Flickinger Municipal Center
6101 Capulina Avenue • Morton Grove, Illinois 60053 -2985
Tel: (847) 965 -4100 Fax: (847) 965 -4162
October 12, 2009
..
Village President
Members of the Village Board
6101 Capulina Avenue
Morton Grove, Illinois 60053
Dear President Staaclanann and Members of the Village Board:
On September 21, 2009, a public hearing was conducted by the Morton Grove Plan Commission, after
being published in The Champion newspaper on September 3, 2009, a sign posted on the property, and
written notification sent to property owners within 250 feet of the subject property as required by
ordinance, regarding:
Plan Commmission Case PC09 -01, wherein the applicant, Neri Companies, 145 S. Northwest Highway,
Park Ridge, Illinois 60068, requested a Special Use Permit for an amendment to a Planned Unit
Development at 8340 Concord Drive, to construct thirty -three (33) townhores in lieu of a seventy -five
(75) unit condominium building.
Ms. Bonnie Jacobson, Planner, introduced the case for the Village. She indicated that the original plan
submitted raised several concerns by staff. However, after working with the applicant, the applicant
revised their plans to address staff concerns. There were still some minor concerns regarding some of the
civil engineering issues, lighting, revised homeowner declaration, and the abrogation of an easement that
needed to be addressed. Yet, staff felt confident these issues could be addressed as conditions of the
Special Use and prior to obtaining a building permit. Ms. Jacobson also noted that members of the
Homeowner's Association at the adjacent Woodlands development had approached her requesting a
fence.
Mr. Bernard Citron of Schain Burney, Ross and Citron, attorney, and Mr. Michi Mho of the Neri
Companies, architect, represented the applicant. Mr. Marek Krzyzanowski of Double M Engineering,
civil engineer, and Mr. Luay Aboona of KLOA, Inc., traffic engineer, was available for questions.
Mr. Citron began the presentation by indicating the proposed project met the standards for a special use
and a planned development. He noted that this is a better project than the originally proposed project, in
that it is half of the density, half of the traffic volume, and half of the height. He assured the commission
that there would be no drainage impact, and any additional storm water detention required would be
handled in oversized pipe underground. Mr. Citron indicated that the applicant would comply with all
staff conditions as presented.
Mr. Michi Mho, architect, reviewed the history of the project and explained the nature of the surrounding
properties and the context in which the proposed project will be built. He noted that the original plan
showed a six story condominium building; the new plan shows thirty -three townhomes in six buildings.
The footprint of the townhomes is actually less than the footprint of the originally planned condominium
building. He explained that the new plan includes seventeen additional outdoor parking spaces, a green
space with an outdoor seating area, and plant species that will be the same as for the existing
Richard T. Flickinger Municipal Center
6101 Capulina Avenue m Morton Grove Illinois 60053 -2985
Tel: (847) 965-4 100 lax (847) 965- 4.162,_
condominium building. The massing of the buildings is similar to the townhomes designed by Lennar,
across the street, and the materials will be the same as from the adjacent condominium building. The
architectural design extends to all four elevations.
Plan Commissioners questioned the applicant regarding available on- street parking, traffic volumes,
structure of the homeowner's association, emergency access, and prices of the proposed townhomes. Mr.
Citron responded that they are unsure how the homeowner's association will be structured with the
adjacent condominium, but they will cover all joint maintenance issues and have the documents reviewed
by Village staff. He noted that on- street parking is available on the east side of Concord Drive, which
they share with the adjacent townhome development, but that is why they have provided the additional
outdoor parking areas. Mr. Luay Aboona responded to the traffic concerns by indicating that his firm had
done the study for the original planned development, and the roadway system was adequate for the
seventy -five unit building. The new development is half of that traffic so the traffic impact is even less
and the roadway system is more than adequate. Mr. Mho reviewed the price of the townhomes and
Captain Bill Porter of the Morton Grove Fire Department reviewed the plan regarding the emergency
access. He described how emergency vehicles would flow through the site. Captain Porter also noted
that the turning radii of the drives were designed to meet Skokie and Niles' larger-trucks.
There were no interested parties who registered regarding this case, however, several concerned parties
spoke. One resident from the adjacent Woodlands development sent a letter, which was read into the
record, as he could not attend the hearing. In the letter, Mr. Steve Hasan indicated his desire for a fence
between the Woodlands and the proposed development.
This sentiment was reiterated by Harvey Silverman, President of the Woodlands Homeowner's
Association. Mr. Silverman, however, requested a barrier of some other type, such as rocks, boulders,
logs or landscaping. He claimed that there were people from the adjacent development parking cars on
their property, walking their dogs on their property and cutting through their property to get to the Metra
train.
Mr. Robert Goldman, from the Trafalgar Square Condominium, testified that there are also residents of
the Woodlands who walk their dogs on their property and did not feel a fence was necessary, especially
since there is a large grade change.
Mr. Citron responded that there was only one location on the site where the grades were similar, and
believed that the layout of the proposed development will deter any problems. Mr. Citron commented
that there is presently an open site; in the future there will be thirty-three townhomes with eyes on the
driveways and who is using them, and there will be landscape buffers between the developments.
Ms. Sharon Erickson raised concern over snow removal, and wanted more detail on how it will be
handled. As a member of the adjacent townhome association, she is concerned that the snow will be
dumped on their site. She said their association is working to develop a community plan regarding their
own snow removal
Mr. Citron explained that it would be illegal to dump their snow on another's property and identified
places where the snow could go. He would hope that the association for the proposed townhomes would
be included in the community plan. Commissioner Blonz noted that compared to the originally proposed
building, there would not be much difference with regard to snow.
Mr. Citron concluded that he believed the proposed development met the standards for a special use and
PUD, and believed the proposed amendment would be developed and operated in a manner to achieve the
health, safety, and welfare of the Village.
Based on the above information and testimony, Commissioner Shimanski moved to approve, which
Commissioner Gattoma seconded to approve a Special Use Amendment for an amendment to the
existing Planned Unit Development to construct thirty -three townhomes in lieu of a seventy -five unit
condominium building at 8340 Concord Drive subject to the fourteen conditions proposed by staff in the
staff report dated 9/8/09 less condition number fifteen which requires a fence between the proposed
development and the Woodlands development. Commissioner Shimanski did not believe the fence was
warranted, nor did he believe it was the responsibility of the developer to provide it.
Commissioner Gabriel amended the motion, which Commissioner Dorgan seconded to add a condition
that would provide denser landscaping between the Woodlands and the proposed development. The
proposed conditions are as follows:
1. That the property be developed in accordance with the site plan dated 09/02/09;
2. That the property be developed according to the floor plan and elevations dated 09/02/09 subject to
final review and approval by the Appearance Commission;
3. That the landscape plan and the engineering plan be revised to be consistent with one another and the
landscape plan be subject to review and approval by the Appearance Commission;
4. That the engineering plans be revised to address the concerns of the Village Engineer including, but
not limited to: Proper grading to maintain adequate drainage; sufficient sanitary sewer grades to meet
the MWRD slope requirements; and proper sanitary sewer placement. Such plans shall be reviewed
and approved by the Village Engineer, prior to obtaining a building permit;
5. That a variation be granted from the minimum one -foot candle lighting requirement for the
driveways; but that all intersecting driveways and parking areas be lit subject to review and approval
by the Village Engineer;
6. That low intensity security lighting be provided in the park area, subject to review and approval of the
Police Department;
T That all driveway widths be a minimum of twenty -four (24) feet clear width;
8. That all corrections to existing driveways be made to meet the code requirement of twenty -four feet,
per review and approval of the Village Engineer and Fire Department;
9. That all necessary homeowner's declarations be prepared and amended to include but not limited to:
Maintenance and cost sharing of detention pond; shared obligations between the proposed
development and the adjacent condominium building; and maintenance of proposed park area; and
approved by pertinent Village staff prior to obtaining a building permit;
10. That all snow be stored on -site or hauled off -site if necessary, but not stored in any drive aisles,
parking spaces, or on adjacent developments;
11. That the access easement between the subject development and the adjacent development be
abrogated and recorded, and a copy of the recorded abrogation document be provided to the Village
prior to obtaining a building permit;
12. That all designated fire lanes be marked appropriately per review and approval of the Fire
Department, and that no parking be permitted in fire lanes;
13. That all other applicable provisions of Ordinance 04 -26 and 05 -19 be met;
14. That all other Village Codes and Ordinances be met; and
15. That an appropriate continuous dense landscape line be placed on the western property border to
separate the proposed development from the adjacent development.
The amended motion passed: Yes — 7, No — 0, Absent— 0.
The Voting:
Chairman Farkas Yes
Commissioner Blonz Yes
Commissioner Dorgan Yes
Commissioner
Gabriel
Yes
Commissioner
Gattorna
No
Commissioner
Roepenack
Yes
Commissioner
Shimanski
Yes
The Findings of Pact for PC09 -01 relative to the seven standards by which a Special Use is evaluated
is attached to this report.
l� espapt`f 1 �Y s t4 n
If 14
R4alId =ar as
Plan Commission Chairman Q:\70ning\plmi comm cases \pc09 -01 ieport.doc
Findings of Fact
Listed below are seven standards articulated in Section 12 -16 -4C of the Pillage of'Morton Grove Unified
Development Code upon which the Plan Commission based its decision.
1. Preservation of Health, Safety, Morals and Welfare — The establishment, maintenance and
operation of the Special Use will not be detrimental to or endanger the public health, safety,
morals or general welfare.
The Plan Commission concluded that the proposed PUD Amendment would not be detrimental to
or endanger the public health, safety, morals or general welfare of the Village. They actually
concluded that with a less dense project the general welfare will be enhanced.
2. Adjacent Properties — The Special Use should not be injurious to the use and enjoyment of
other property in the immediate vicinity for the uses permitted in the zoning district.
The Plan Commission concluded that the proposed development will not be injurious to the use
and enjoyment' of surrounding properties. Although there were concerns raised about snow
removal, parking and the need for a fence along the adjacent development to the west, the Plan
Commission felt that the proposed special use conditions adequately addressed those concerns.
Orderly Development — The establishment of the Special. Use will not impede normal and
orderly development or impede the utilization of surrounding property for uses permitted
in the zoning district.
The Plan Commission concluded that the proposed development does not impede the orderly
development of the Village. As presented by the applicant's attorney, the CR "Commercial
Residential" district was designed to provide a mix of commercial development and a residential
mix of condominiums and townhomes. The proposed development provides that mix. As the
architect testified, the proposed development is consistent with surrounding developments which
are a mix of condominiums and townhomes.
4. Adequate Facilities — Adequate utilities, access roads, drainage and other necessary
facilities are in existence or are being provided.
As the applicant's traffic engineer testified, the roads were designed for a higher density traffic
volume, so they are adequate for traffic. Captain Porter of the Morton Grove Fire Department
demonstrated that emergency access is adequate based on the proposed conditions and the
applicant's attorney, as confinned by the civil engineer, indicated that the drainage is adequate,
and that the additional storm water drainage resulting from the proposed amendment will be
stored in oversized pipe. The applicant agreed to address all concerns regarding the sewers and
drainage raised by the Village Engineer. Thus, the standard of Adequate Facilities is met_
5. Traffic Control — Adequate measures have been taken to provide ingress and egress
designed to minimize traffic congestion of the public streets. The proposed use of the
subject site should not draw substantial amounts of traffic on local residential streets.
Pursuant to the testimony provided at the hearing, adequate measures have been taken to provide
ingress and egress designed to minimize traffic congestion on the public streets. Off - street
outdoor parking was provided throughout the development, in addition to the garage parking to
further minimize congestion on the streets. Because the density of the development is about half
of what was
originally
proposed, the
proposed use of the
subject site will
not draw substantial
amounts of
traffic on
local streets,
and in fact lessens
it, compared to
what was originally
approved for
the site.
6. Adequate Buffering — Adequate fencing and /or screening shall be provided to ensure the
right of enjoyment of surrounding properties to provide for the public safety or to screen
parking areas and other visually incompatible uses.
There was concern raised at the hearing from adjacent residents indicating that the buffering
between their development and the proposed development was not sufficient. After hearing
testimony, the Plan Commission added a condition to the special use that a dense landscape
buffer along the west side of the development be provided to meet the standard of Adequate
Buffering. They did not believe a fence was necessary.
7. Conformance to Other Regulations — The Special Use shall, in all other respects, conform to
applicable provisions of this Ordinance or amendments thereto. Variation from provisions
of this Ordinance, as provided for in Section 12- 16 -3A1, may be considered by the Plan
Commission and the Village Board of Trustees as a apart of the special use permit.
The proposed development will conform to all Village codes and ordinances, as well as all
pertinent sections of the existing "Planned Development Ordinance" for the site. The applicant
will also be required to meet all fifteen conditions imposed by the Plan Commission upon which
the applicant's attorney agreed to full compliance.
NOTICE /AGENDA
THE VILLAGE BOARD OF TRUSTEES OF THE
VILLAGE OF MORTON GROVE WILL HOLD A
SPECIAL MEETING
AT 7:00 PM, ON WEDNESDAY, OCTOBER 21, 2009
AT THE
RICHARD T. FLICKINGER MUNICIPAL CENTER
TRUSTEES' CONFERENCE ROOM
6101 CAPULINA AVENUE
MORTON GROVE, ILLINOIS
1. Call to Order
II. Pledge of Allegiance
III. Roll Call
IV. Continuation of Draft Budget Proposals
A. Enterprise Funds
B. Capital Projects
C. MFT
D. Revenue Projections
V. Follow -up Discussion
VI. Adjournment
VII. Executive Session — personnel matters, labor negotiations, pending
litigation, and real estate
Richard T. Flickinger Municipal Center
6101 Capulina Avenue • Morton Grove, Illinois 60053- 2985
Tel: (847) 965 -4100 Fax: (847) 965 -4162
Legislative Summary
Resolution 09 -55 -
AUTHORIZING THE VILLAGE OF MORTON GROVE TO ACQUIRE PROPERTY COMMONLY
KNOWN AS THE WOODLANDS TRIANGLE, MORTON GROVE, ILLINOIS
Introduced:
Objective:
Purpose:
Background:
Programs, Departments
or Groups Affected:
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
Second Reading:
Special Considerations or
Requirements:
Administrator Approval
October 12, 2009
To authorize the purchase of property commonly known as the Woodlands Triangle
which is located within the Lehigh /Ferris TIE District.
This property is being purchased for public infrastructure improvements.
Since the creation of the Lehigh /Ferris TIE District in 2000, the Village has
acquired numerous pieces of property for possible future development. The
property known as the Woodlands Triangle is available for purchase. As requested
by the Village Board, Village staff has negotiated a contract with the owner for
Village Board approval. The terms of the contract include:
1. The Purchase Price $250,000;
2. Closing on or before December 31, 2009.
Funds for the purchase and acquisition of this property are contained in the 2009
Budget, in the Lehigh /Ferris TIE District Fund (General Obligation Bond).
Finance Department, Village Administrator, Legal Department, Community and
Economic Development
$250,000
Funds have been budgeted for in the Lehigh /Ferris TIF District Fund.
Corporation Counsel will handle the closing of this transaction as part of her normal
workload.
Approval as presented.
Not Required
None
I a A
Village Administrator
Prepared by: Reviewed
Teresa\l-loffirlain Liston, Corporation Counsel
RESOLUTION 09 -55
AUTHORIZING THE VILLAGE OF MORTON GROVE
TO ACQUIRE PROPERTY COMMONLY KNOWN AS
THE WOODLANDS TRIANGLE IN MORTON GROVE, ILLINOIS
WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home
rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois,
can exercise any power and perform any function pertaining to its government affairs, including but not
limited to the power to tax and incur debt; and
WHEREAS, the property commonly known as the Woodlands Triangle is located in the
Lehigh/Ferris TIF Redevelopment District; and
WHEREAS, to date, as part of the Lehigh/Ferris Redevelopment Plan, the Village has acquired and
land banked certain properties for future redevelopment; and
WHEREAS, it is in the best interest of the Village of Morton Grove to acquire the property
commonly known as the Woodlands Triangle in Morton Grove, Illinois 60053 to be land banked and used
for redevelopment and /or public infrastructure; and
WHEREAS, the Village, in its 2009 budget, appropriated sufficient funds for the purchase and
acquisition of properties; and
WHEREAS, the cost to acquire this property shall be paid from the Village's Lehigh/Ferris TIF
District Fund (General Obligation Bond); and
WHEREAS, Village staff and the owner of the property have negotiated a "Contract" for the
purchase of the property subject to the approval of the Village Board of Trustees; and
WHEREAS, the terms of the contract include:
I. The Purchase Price $250,000;
2. Closing on or before December 31, 2009.
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 herein thereby making the findings as hereinabove set forth.
SECTION 2: The Village President and Village Clerk of the Village of Morton Grove are hereby
authorized to execute such contract or other documents to acquire the property commonly known as the
Woodlands Triangle legally described in Exhibit "A" and located at approximately Lincoln Avenue and
Lehigh Avenue in Morton Grove, Illinois for a sum not to exceed two hundred and fifty thousand dollars
($250,000) with a contract closing to occur on or about December 31, 2009, with additional terms and
conditions in substantial conformity with Exhibit `B ", or such other terms to be approved by the Village
Administrator and Corporation Counsel.
SECTION 3: The Village Administrator, Corporation Counsel and /or their designees are hereby
authorized to negotiate, prepare, execute, and deliver any documents or take any steps necessary to acquire
said property pursuant to the terms set forth above.
SECTION 4: This Resolution is an exercise of the home rule authority of the Village of Morton
Grove and is
intended to and, to the fullest
extent allowed by
the constitution
of the
State of Illinois, shall
be construed
as to supersede any contrary or conflicting state,
county, or local
rule or regulation.
SECTION 5: This Resolution shall be in full force and effect from and after its passage, approval
and publication according to law.
PASSED this 12`" day of October 2009.
Trustee DiMaria
Trustee Gomberg
Trustee Grear
Trustee Marcus
Trustee Thill
Trustee Toth
APPROVED by me this 12`" day of October 2009.
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office this
13`x' day of October 2009.
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Exhibit A
PIN 10 -20- 121 - 034 -1091
PART OF THE WEST fALF OF THE NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 41 NORTH,
RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN NILES TOWNSHIP, COOK COUNTY,
ILLINOIS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
SAID SECTION 20; THENCE SOUTH 00 DEGREES 11 MINUTES 31 SECONDS EAST ALONG THE
EAST LINE OF THE REST HALF OF SAID SOUTHWEST 1/4, 493.6666 FEET TO THE SOUTH LIN$
OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTH HAiJF OF SAID
SOUTHWEST 1/4; THENCE SOUTH 88 DEGREES 48 MINUTES 59 SECONDS WEST ALONG SAID
SOUTH LINE, 533.37 FEET TO THE EASTERLY LINE OF CHICAGO - MILWAUKEE -ST. PAUL &
PP.CIFIC COMPANY RP.ILROA.D; THENCE NORTH 22 DEGREES 20 MINUTES 02 5ECONDS WEST
ALONG SAID EASTERLY LINE, 1616,82 FEET TO THE SOUTHERLY RIGHT OF WAY OF LINCOLN
AVENUE FOR THE POINT OF SEGINNING; THENCE SOUTH 65 DEGREES 07 MINUTES 45 SECONDS
EAST ALONG SAID SOUTHERLY LINE, 114.62 FEET; THENCE SOUTH - b9•- 13EGREES 17 MINUTES
1`o SECONDS EAST ALONG SAID SOUTHERLY LINE, 79.26 FEET; THENCE SOUTH 55 DEGREES 40
MINUTES 08 SECONDS WEST, 82.59 FEET; THENCE SOUTH SOUTH 20 DEGREES 44 MINTTTES 26
SECONDS WEST, 82.68 FEET TO SAID EASTERLY LINE; THENCE NORTH 22 DEGREES 20
MINUTES 02 SECONDS WEST ALONG SAID EASTERLY LINE, 214,40 FEET TO SAID POINT OF
BEGINNING, CONTAINING 12,509 SQUARE FEET, MORE OR LESS, ALL IN WILES, TOWNSHIP,
C=D COUNTY, ILLINaIS.
CONTRACT FOR THE PURCHASE OF VACANT LAND
COMMONLY KNOWN AS THE WOODLAND'S TRIANGLE
MORTON GROVE, ILLINOIS
BETWEEN THE VILLAGE OF MORTON GROVE AND
PARKWAY BANK AND TRUST COMPANY, AS TRUSTEE UNDER TRUST AGREEMENT
DATED SEPTEMBER 12, 2003, AND KNOWN AS TRUST NUMBER 13636
9 ��•
The VILLAGE OF MORTON GROVE, a municipal corporation and a home rule unit of government
located in Cook County, Illinois ( "Village" or "Buyer ") hereby agrees to purchase and Parkway Bank
and Trust Company, as Trustee under Trust Agreement Dated September 12, 2003, and Known as
Trust Number 13636 ( "Seller ") hereby agrees to sell that property commonly known as the
Woodland's Triangle, Morton Grove, Illinois and legally described in Exhibit A and all improvements
thereon ( "the real estate ") pursuant to the following terms and conditions:
1) PURCHASE PRICE: The Village shall pay Seller the sum of two hundred fifty thousand
dollars ($250,000) to be paid as follows:
A Within two (2) business days of the execution and delivery of this Contract, the Village
shall deposit with the Seller's attorney the sum of One Thousand Dollars ($1, 000.00) as
and for "Earnest Money'.
B Payment at Closing. The balance of the Purchase Price, as adjusted by agreed or
customary credits and prorations including tax prorations, security deposits, and unpaid
utilities shall be paid in good funds at Closing.
2) CLOSING: The Closing shall take place no later than December 31, 2009, at a location
mutually agreed upon by the Village and the Seller.
3) CONTINGENCY PERIOD AND INSPECTIONS.
A The Seller shall make available to Village for Village's inspection, copies of all leases,
contracts, rent rolls, surveys, environmental reports, soils tests, maps and plats for the
subject property in its possession and control before 5:00 pm on October 23, 2009.
B The Village and its agents shall have until 5:00 PM on November 13, 2009 (the
"Contingency Period ") to conduct, at Village's sole cost and expense and subject to the
terms hereof, its "Inspection" of the Subject Property which may include without limitation
physical inspections, asbestos sampling, surveys, soils tests, site analyses, engineering
studies, examinations of the building and improvements thereon (including structural and
mechanical tests) environmental studies and investigations and appraisals.
C The Village may terminate this Contract for any reason during the contingency period
and in such event, the Earnest Money (and any interest earned thereon) shall be returned to
Village.
Contract for the Purchase of the Woodland's Triangle
D Seller represents and warrants the real estate shall be vacant at closing:
4) TAX PRORATION& The Seller shall be responsible for payment of all real estate taxes
through the date of closing. Taxes through the date of closing which are not yet
ascertainable shall be prorated at 150% of the most recent ascertainable full year taxes, and
shall be re- prorated when the actual bill is made available.
5) TITLE: At Seller's expense, Seller will deliver or cause to be delivered to the Village within
five (5) days in advance of Closing, as evidence of title in Seller, a title commitment for an
ALTA title insurance policy in the amount of the Purchase Price with extended coverage by
a title company mutually acceptable to the parties issued on or subsequent to the Date of
Acceptance of this Contract, subject only to items listed in Paragraph 7. Notwithstanding
anything to the contrary, the property shall not be subject to any declaration of
condemnation including without limitations the Woodlands Condominium of Morton Grove.
The parties shall each pay their respective usual and customary share of any requested
additional title charges and the parties shall equally pay for any closing escrow incurred as
a result of this transaction. If the title commitment discloses any exceptions not acceptable
to Village, then Seller shall have said exceptions or encroachments removed, or, with the
Village's approval, have the title insurer commit to insure against loss or damage that may
be caused by such exceptions or encroachments. If Seller fails to have unpermitted
exceptions waived or title insured over prior to Closing, Village may elect to take the title as
it then is, with the right to deduct from the Purchase Price prior encumbrances of a definite
or ascertainable amount as shall be reasonably agreed by the parties. Seller shall furnish
Village at Closing an Affidavit of Title covering the date of Closing, and shall sign any other
customary forms required for issuance of an ALTA Insurance Policy.
6) SURVEY. Within seven days prior to closing, Seller shall furnish a staked ALTA survey
dated within 90 days of closing showing all boundaries, rights of way, easements, and set
back lines and evidencing that the property is free of all encroachments.
7) DEED: Seller shall convey or cause to be conveyed to the Village good and merchantable
title to the Real Estate by recordable Warranty Deed subject only to: general real estate
taxes not due and payable at the time of Closing, covenants, conditions, and restrictions of
record, building lines and easements, applicable zoning and building laws, ordinances,
restrictions and acts suffered or done by the Village if any, so long as they do not interfere
with the current use and enjoyment of the real estate.
8) POSSESSION: At closing, the Seller shall surrender the property devoid of any tenancies
and free and clear of any leases.
9) SELLER REPRESENTATIONS: Seller represents that all leases and tenancies have been
fully disclosed to Village, that Seller has not received written notice from any Governmental
body of (a) zoning, building, fire or health code violations that have not been corrected; (b)
any pending rezoning; or (c) a proposed or confirmed special assessment and for special
Contract for the Purchase of the Woodland's Triangle
service area affecting the Real Estate. Seller further represents that Seller has no
knowledge of boundary line disputes, easements or claims of easement not shown by the
public records, any hazardous waste on the Real Estate or any improvements for which the
required permits were not obtained.
10) MAINTENANCE OF PROPERTY: Except as specifically provided in this agreement, the
property shall be maintained in the same condition as found on the date of the contract,
normal wear and tear, excepted.
11) DESTRUCTION OR DAMAGE OF PROPERTY. If prior to the closing, the subject property
or any part thereof shall be materially damaged by fire or other casualty, the Village shall
have the option to terminate this Contract, upon written notice given to the other party within
ten (10) days after such material damage. In such an event, the earnest money shall be
returned to the Village. If the foregoing option to terminate is not exercised, this Contract
shall continue in full force and effect, and the Seller shall assign its interest in any insurance
policies covering the property at the time of the fire or casualty to the Village.
12) DEFAULT: Seller shall be responsible for all damages, reasonable costs and expenses
including attorney's fees due to the failure of the Seller to comply with the terms of this
Contract. The Village shall be responsible for all damages, reasonable costs and expenses,
including attorney's fees incurred by the Seller, in excess of any earnest money retained by
Seller due the failure of the Village to comply with the terms of this Contract.
13) NOTICE: All notices required shall be in writing and shall be delivered by personal delivery;
by certified mail, return receipt requested which shall be effective on the date of mailing; or
by sending facsimile transmission which shall be effective as of date and time of facsimile
transmission, provided that the notice transmitted shall be sent on business days during
business hours (9:00 A.M. to 5:00 P.M. Chicago time). In the event fax notice is transmitted
during non - business hours, the effective date and time of notice is the first hour of the first
business day after transmission.
Notices to the Seller shall be addressed to Seller's attorney: Michael Elliott, Elliott and
Associates, Ltd., 1440 Lee Street, Des Plaines, Illinois 60018, 847 - 296 -3003.
Notices to the Village shall be addressed to Teresa Hoffman Liston, Corporation Counsel,
6101 Capulina Avenue, Morton Grove, Illinois 60053; fax: 847 - 965 -4162.
14) MISCELLANEOUS:
A Time is of the essence of this Contract.
B The Seller shall pay for all County, State and Municipal transfer taxes to the extent
required by law.
C All disputes related to the construction or enforcement of these terms and provisions
Contract for the Purchase of the Woodland's Triangle
shall
be governed by
the laws
of the State of Illinois
and are subject to the covenant of good
faith
and fair dealing
implied in
all Illinois contracts.
D The terms of this contract and all related negotiations shall be kept confidential to the
extent allowed by law until this transaction has closed.
E The parties agree to comply with the reporting requirements of the applicable sections of
the Internal Revenue Code and the Real Estate Settlement Procedures Act of 1974, as
amended.
15) This contract is contingent upon the Village, the seller and the Woodlands of Morton Grove
Condominium Association entering into an agreement regarding the removal of the property
from the Condominium known as the Woodlands of Morton Grove.
16) Future improvements to the property stall not obligate the Buyer to restore or improve
existing improvements located on adjacent parcels. Emergency vehicle access, however,
will be maintained.
THIS CONTRACT SHALL NOT BECOME EFFECTIVE UNLESS AUTHORIZED BY THE
VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE.
This Contract has been executed as of , 2009 (the Contract date).
"Seller"
"Buyer"
PARKWAY BANK AND TRUST CO. VILLAGE OF MORTON GROVE, ILLINOIS
AS TRUSTEE UNDER TRUST AGREEMENT
DATED SEPTEMBER 12, 2003, AND KNOWN
AS TRUST NUMBER 13636
By:
0101WE.
Title:
Attest:
By:
Name:
Title:
By:
Name: Daniel J. Staackmann
Title: Village President
Attest:
By:
Name: Tony S. Kalogerakos
Title: Village Clerk
Introduced:
Synopsis:
Purpose:
Background:
Programs, Departs
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Admin Recom'd:
First Reading:
Sum
Resolution 09 -58
AUTHORIZING THE EXECUTION OF A CONTRACT
WITH MCDONOUGH ASSOCIATES, INC. FOR THE
DEMPSTER STREET ROADWAY IMPROVEMENTS
October 12, 2009
To authorize the Village President to execute a contract with McDonough Associates, Inc. to provide
construction engineering services for the Dempster Street Roadway Improvements.
To provide the necessary engineering resources and expertise to ensure the roadway, traffic signal and
streetscape construction improvements along Dempster Street meet Village, State and Federal construction and
administrative requirements.
Roadway and water main construction improvements on Dempster Street are planned for 2010. Daily
observation and documentation of construction activities require the use of an engineering consultant. Village
staff utilized a qualification -based selection process to select the engineering consultant in accordance with the
Village's purchasing policy. McDonough Associates, Inc. is recommended for the project because of their
history with this long project development and because of the key personnel to be assigned to the project.
Staff and McDonough have negotiated a scope of work valued at $543,353.24 for the construction work
including roadway, traffic signals, street lighting and streetscape. The construction engineering for the water
main installation will be part of a separate contract that is currently being developed. An undetermined
portion of the construction engineering will be reimbursed by the State with Federal funds, reducing the
Village's cost after reimbursement. The Federal funding includes construction and construction engineering
as eligible expenses; however the combined estimated cost of construction and construction engineering
significantly exceeds the existing level of Federal funding. A request for additional funding for construction
and construction engineering has been submitted to the regional authority for consideration. State and
Township funds in the amount of approximately $340,000 are available to provide the Village's share of the
construction and construction engineering costs. Costs associated with this contract approval will be incurred
in 2010 and 2011. Staff will include appropriate funding for this contract in the FY2010 and FY 2011 Annual
Budgets. The State requires an agreement between the Village the construction engineering consultant to be in
place approximately three months before the project is let for bid. The Village is targeting a State letting in
January 2010.
Public Works, Engineering Division and Community & Economic Development
$543,353.24
FY 2010 Annual Budget & FY 2011 Annual Budget
Lehigh - Ferris TIF District Fund - Account No.: 151099 - 571029 in the amount of $25,000; and Capital
Projects Fund - No. 306050 - 552140 in the amount of $518,354.
The Public Works Department, Engineering Division, as part of their normal work activities, performs the
management of the project.
Approval as presented.
NIA
Special The deadline to submit the construction engineering agreement is October 16, 2009 in order for the project to
Considerations or be included in the January 15, 2010 letting. The next deadline is December 11, 2009 for the March 5, 2010
Requirements: letting.
Respectfully submitted: c y, Uv _ Reviewed by:
Joseph F. Wade, Village Administrator Teresa Hoffman Liston, ration Counsel
r�Prepared by: �' T� Reviewed by:
Chris Tomich, Village Engineer Andy DeMonte, Dir. Of Public Works
RESOLUTION 09 -58
AUTHORIZATION TO EXECUTE A CONTRACT WITH
MCDONOUGH ASSOCIATES, INC. FOR
PROFESSIONAL ENGINEERING 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 perforn any function pertaining to its government affairs, including but not limited to
the power to tax and incur debt; and
WHEREAS, the Village intends to construct certain improvements within the Dempster Street right -of-
way from Ferris Avenue to Central Avenue in order to improve the flow of traffic along Dempster Street and
to revitalize the business provide with a safe, attractive pedestrian corridor; and
WHEREAS, the scope of the construction improvements exceeds the expertise and capacity of Village
staff to provide construction engineering for the daily oversight of the work; and
WHEREAS, Village staff developed and implemented a qualification -based selection process for
construction engineering services for the Dempster Street improvements; and
WHEREAS, the Village advertised in the August 13, 2009, issue of the Pioneer Press Newspaper
inviting firms to submit statements of qualifications; and
WHEREAS,
twelve local consulting engineering
firms submitted
statements of qualifications; and
WHEREAS,
the Village reviewed the statements
of qualifications
and selected five firms for formal
interviews; and
WHEREAS, Village staff recommends the firm McDonough Associates, Inc. to the Village Board
based on their institutional knowledge of the Dempster Street corridor improvements and the key personnel
assign to the project; and
WHEREAS, McDonough Associates, Inc, has performed satisfactorily for the Village in the past on the
Dempster Street design engineering and the Lincoln Avenue and Ferris Avenue streetscape improvements; and
WHEREAS, Village staff has negotiated a scope of work with McDonough Associates, Inc. valued at
$543,353.24; and
WHEREAS, the State of Illinois will reimburse the Village for an undetermined amount of the eligible
costs of construction engineering work through its allocation of federal funds; and
WHEREAS, the State's Department of Transportation (IDOT) requires the construction engineering
agreements between
the
Village and an engineering consultant to
be finalized a
certain time, approximately
three months, before
the
construction
contract is to be let for bid;
and
WHEREAS, the Village is targeting a letting date of January 15, 2010; and
WHEREAS, costs associated with construction engineering services is expected to be incurred in
Fiscal Years 2010 and 2011; and
WHEREAS, funding for this work can be included in the 2010 and 2011 Annual Budgets from the
Lehigh Ferris TIE District Fund and Capital Projects Fund for the value of the contract.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS:
Section 1. The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this
Resolution as though fully set forth therein thereby making the findings as hereinabove set forth.
Section 2. The Village President of the Village of Morton Grove is hereby authorized to execute and
the Village Clerk to attest a contract in a form acceptable to the State of Illinois with McDonough Associates,
Inc. for construction engineering services for the construction of roadway improvements on Dempster Street.
Section 3. This Resolution shall be in full force and effect upon its passage and approval.
PASSED THIS 12t" DAY OF OCTOBER 2009
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
DiMaria
Gomberg
Grear
Marcus
Thill
Toth
APPROVED BY ME THIS 13th DAY OF OCTOBER 2009
Daniel J. Staaekmann, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 13th DAY OF October 2009
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Local Agency
Consultant -
Village of Morton Grove
L
DepBrtrltEltt
McDonough Associates Inc.
C
County
Q
Q
Address
Cook
A
N
130 East Randolph Street. #1000
Section
L
S
City
A
Construction Engineering
L
Project No..
State
Services Agreement
T
Illinois
Job No.
E
O
zip Code
A
N
Federal Participati on
N
Contact Name/Phone /E -mail Address
Contact Name /Phone /E -mail Address
Chris Tomich ctomich@mortongrovea.org
C
T
Feroz Nathan!, 312. 946 -8600
Y
fnathani @maiengr.com
THIS AGREEMENT is made and entered into this 13th day of October 7 2009 between the above
Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the PROJECT
described herein. Federal -aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of
Transportation (STATE) will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS,
WHEREVER IN THIS AGREEMENT the following terms are used, they shall be Interpreted to mean:
Regional Engineer Regional Engineer, Department of Transportation
Resident Engineer LA-Employee directly responsible for construction of the PROJECT
Contractor Company or Companies to which the construction contract was awarded
Project Description
Name Dempster St. Improvements Route 58 Length 0.9 ml Structure No.
Termini Ferris Avenue (FAU 2788) to Central Avenue (FAU 2794)
Description; Roadway improvements, streetscape improvements, traffic signal modernization, and street lighting installation. (See Exhibit
C)
Provisions
I. THE ENGINEER AGREES,
1. To perform or be responsible for the performance of the engineering services for the LA, In connection with the PROJECT
hereinbefore described and checked below:
❑ a. Proportion concrete according to applicable STATE Bureau of Materials and Physical Research (BMPR) Quality
Control /Quality Assurance (QC /QA) training documents or contract requirements and obtain samples and perform
testing as noted below.
❑ b. Proportion hot mix asphalt according to applicable STATE BMPR QC /QA training documents and obtain samples
and perform testing as noted below.
❑ c. For soils, to obtain samples and perform testing as noted below.
® d. For aggregates, to obtain samples and perform testing as noted below.
NOTE: For 1a. through 1d. the ENGINEER Is to obtain samples for testing according to the STATE BMPR "Project
Procedures Guide% or as indicated in the specifications, or as attached herein by the LA; test according to the
STATE BMPR "Manual of Test Procedures for Materials ", submit STATE BMPR inspection reports; and verify
compliance with contract specifications.
® e. Inspection of all materials when Inspection is not provided at the sources by the STATE BMPR, and submit
inspection reports to the LA and the STATE in accordance with the STATE BMPR "Project Procedures Guide" and
the policies of the STATE.
®
I. For Quality Assurance services, provide personnel who have completed the appropriate STATE BMPR QC /QA
trained technician classes.
® g. Inspect, document and Inform the resident engineer of the adequacy of the establishment and maintenance of the
traffic control
Page t of 7 BLR 05611 (Rev. 9106)
Printed on 10/812009 1:26:58 PM -
❑ h. Geometric control including all construction staking and construction layouts.
®. i, quality control of the construction work in progress and the enforcement of the contract provisions In accordance
with the STATE Construction Manual.
Measurement and computation of pay items.
® k. Maintain a dally record of the contractor's activities throughout construction including sufficient information to permit
verification of the nature and cost of changes In plans and authorized extra work.
I. Preparation and submission to the LA by the required form and number of coples, all partial and final payment
estimates, change orders, records, documentation and reports required by the LA and the STATE.
® m. Revision of contract drawings to reflect as built conditions.
2. Engineering services shall include all equipment, Instruments, supplies, transportation and personnel required to perform the duties
of the ENGINEER In connection with the AGREEMENT.
3. To furnish the services as required herein within twenty -four hours of notification by the resident engineer or authorized
representative.
4. To attend meetings and visit the site of the work at any reasonable time when requested to do so by representatives of the LA or
STATE.
5. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties
without the written consent of the LA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished
by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT.
6. The ENGINEER shall submit invoices, based on the ENGINEERS progress reports, to the resident engineer, no more than once a
month for partial payment on account for the ENGINEER's work completed to date. Such Invoices shall represent the value, to the
LA of the partially completed work, based on the sum of the actual costs incurred, plus a percentage (equal to the percentage of the
construction engineering completed) of the fixed fee for the fully completed work.
7. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable to
Improvement of the SECTION; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to
perform the services enumerated herein.
B. That the ENGINEER shall be responsible for the accuracy of the ENGINEERS work and correction of any errors, omissions or
ambiguities due to the ENGINEER'S negligence which may occur either during prosecution or after acceptance by the LA. Should
any damage to persons or property result from the ENGINEER's error, omission or negligent act, the ENGINEER shall indemnify
the LA, the STATE and their employees from all accrued claims or liability and assume all restitution and repair costs arising from
such negligence. The ENGINEER shall give immediate attention to any remedial changes so there will be minimal delay to the
contractor and prepare such data as necessary to effectuate corrections, in consultation with and without further compensation from
the LA.
9. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LA.
10. The undersigned certifies neither the ENGINEER nor I have:
a) employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other
than a bona fide employee working solely for me or the above ENGINEER) to solicit or secure this AGREEMENT;
b) agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or
person In connection with carrying out the AGREEMENT or
c) paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above
ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out
the AGREEMENT.
d) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered
transactions by any Federal department or agency;
e) have not within a three -year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against
them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public
(Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property;
f) are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph (e) of this certification; and
g) have not within a three -year period preceding this AGREEMENT had one or more public transactions (Federal, State or local)
terminated for cause or default.
Page 2 of 7 BLR 05611 (Rev. 9106)
Printed on 10/8/2009 1 :26:58 PM
11. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA.
12. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent
Amendment or Supplement.
13. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the work called for in the AGREEMENT.
11. THE LAAGREES,
1, To furnish a resident engineer to be in responsible charge of general supervision of the construction.
2, To furnish the necessary plans and specifications.
3. To notify the ENGINEER at least 24 hours in advance of the need for personnel or services.
4. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the
following compensation formulas:
Cost Plus Fixed Fee CPFF = 14.5 %[DL + R(DL) + OH(DL) + IHDC], or
❑ CPFF = 14.5 %[DL + R(DL) + 1.4(DL) + IHDC], or
❑ CPFF = 14.5 %[(2,3 + R)DL + IHDC]
Where: DL = Direct Labor
IHDC = In House Direct Costs
OH = Consultant Firm's Actual Overhead Factor
R = Complexity Factor
Specific Rate ❑ (Pay per element)
Lump Sum ❑
5. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5 -409:
❑ With.Retainage
a) For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by
the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to
90% of the value of the partially completed work minus all previous partial payments made to the ENGINEER.
b) After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by
the LA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to
95% of the value of the partially completed work minus all previous partial payments made to the ENGINEER.
c) Final Payment - Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have
been made and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this
AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to
the ENGINEER.
® Without Retainage
a) For progressive payments - Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA,
monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value
of the partially completed work minus all previous partial payments made to the ENGINEER.
b) Final Payment- Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have
been made and accepted by the LA and STATE, a sum of money equal to the basic fee as determined In this AGREEMENT
less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER.
6. The recipient shall not discriminate on the basis on the basis of race, color, national origin or sex in the award and performance of
any DOT - assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall
take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT -
assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as
violation of this agreement. Upon notification to the recipient of Its failure to carry out its approved program, the Department may
Impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C.
1001 and /or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 at seq:).
Page 3 of 7 BLR 05611 (Rev. 9/06)
Printed on 10t612009 7:26:58 PM.
III. It is Mutually Agreed,
1. That the ENGINEER and the ENGINEER's subcontractors will maintain all books, documents, papers, accounting records and
other evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times
during the AGREEMENT period and for three years from the date of final payment under this AGREEMENT, for inspection by the
STATE, Federal Highway Administration or any authorized representatives of the federal government and copies thereof shall be
furnished if requested.
2. That all services are to be furnished as required by construction progress and as determined by the RESIDENT ENGINEER. The
ENGINEER shall complete all services specified herein within a time considered reasonable to the LA, after the CONTRACTOR
has completed the construction contract.
3. That all field notes, test records and reports shall be turned over to and become the property of the LA and that during the
performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the
documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the
ENGINEER's expense.
4, That this AGREEMENT may be terminated by the LA upon written notice to the ENGINEER, at the ENGINEER's last known
address, with the understanding that should the AGREEMENT be terminated by the LA, the ENGINEER shall be paid for any
services completed and any services partially completed. The percentage of the total services which have been rendered by the
ENGINEER shall be mutually agreed by the parties hereto. The fixed fee stipulated in numbered paragraph 4d of Section 11 shall be
multiplied by this percentage and added to the ENGINEER's actual costs to obtain the earned value of work performed. All field
notes, test records and reports completed or partially completed at the time of termination shall become the property of, and be
delivered to, the LA.
5. That any differences between the ENGINEER and the LA concerning the interpretation of the provisions of this AGREEMENT shall
be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed
by the LA, and a third member appointed by the two other members for disposition and that the committee's decision shall be final.
6. That in the event the engineering and Inspection services to be furnished and performed by the LA (including personnel furnished
by the ENGINEER) shall, in the opinion of the STATE be incompetent or inadequate, the STATE shall have the right to supplement
the engineering and inspection force or to replace the engineers or Inspectors employed on such work at the expense of the LA.
7. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the
contractor's safety precautions, except as provided In numbered paragraph 1 f of Section I.
8. This certification Is required by the Drug Free Workplace Act (301LCS 580). The Drug Free Workplace Act requires that no grantee
or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property
or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the
certification may result in sanctions Including, but not limited to, suspension of contract or grant payments, termination of a contract
or grant and debarment of contracting or grant opportunities with the State for at least one (1) year but no more then five (5) years.
For the purpose of this certification, "grantee" or "contractor" means a corporation, partnership or other entity with twenty -five (25) or
more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific
performance under a contract or grant of $5,000 or more from the State, as defined in the Act.
The contractor /grantee certifies and agrees that it will provide a drug free workplace by:
(a) Publishing a statement:
(1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a
controlled substance, Including cannabis, is prohibited in the grantee's or contractor's workplace,
(2) Specifying the actions that will be taken against employees for violations of such prohibition.
(3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will:
(A) abide by the terms of the statement; and
(B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace
no later than five (5) days after such conviction.
(b) Establishing a drug free awareness program to inform employees about:
(1) the dangers of drug abuse In the workplace;
(2) the grantee's or contractor's policy of maintaining a drug free workplace;
(3) any available drug counseling, rehabilitation and employee assistance program; and
Page 4 of 7 BLR 05611 (Rev. 9106)
Printed on 10/8!2009 1:26:58 PM
(4) the penalties that maybe imposed upon an employee for drug violations.
(c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance
of the contract or grant and to post the statement in a prominent place in the workplace.
(d) Notifying the contracting or granting agency within ten (10) days after receiving notice under part (B) of
paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction.
(e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation
program by, any employee who is convicted, as required by section S of the Drug Free Workplace Act.
(f) Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is
required and indicating that a trained referral team is in place.
(g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free
Workplace Act.
9. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this
AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 In the administration of DOT- assisted
contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in
the termination this AGREEMENT or such other remedy as the LA deems appropriate.
Agreement Summary
Prime Consultant:
TIN
Number
Agreement Amount
Amount
McDonough Associates Inc.
1 36- 2598024
$513,353.24
Sub - Consultants:
TIN Number
Agreement
Amount
GSG Material Testing, Inc.
36- 4003526
$30,000.00
Sub - Consultant Total:
$30,000.00
Prime Consultant Total:
$513,353.24
Total
for ali Work:
$543,353.24
Executed by the LA: Village of Morton Grove
(Munldpa Ilty(Townshl p/County)
ATTEST:
By: By:
Village Clerk Title: Village President
(SEAL)
Executed by the ENGINEER:
McDonough Associates, Inc.
ATTEST:
By: By:
Michael P. Hannemann Feroz Nathani
Title: Sr. Vice President Title: President
Page 5 of 7
Printed on 10/8/2009 1:26:58 PM
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as
Exhibit B
Prime Consultant
Name
McDonough Associates Inc.
Address
130 E Randolph
St. #1000,
Testing,
Telephone
312 - 946 -8600
TIN Number
36- 2598024
Project Information
Local Agency
Village of Morton Grove
Section Number
03- 0097.00 -PV
Project Number
TCSP-
CMM-
8003(966)
Job Number
C -91- 228.08
Engineering Payment Report
This form is to verify the amount paid to the Sub- consultant on the above captioned contract. Under penalty of law for
perjury or falsification, the undersigned certifies that work was executed by the Sub - consultant for the amount listed below.
Sub - Consultant Name
TIN Number
Actual Payment
from Prime
GSG Material
Testing,
Inc.
36- 4003526
Sub- Consultant Total:
Prime Consultant Total:
Total for all Work
Completed:
Signature and title of Prime Consultant Date
Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory
purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as
concuninq with the payment amount specified above.
Page 7 of 7 eLR 05611 (Rev. 9/06)
Printed on 1018/2009 1:26:58 PM
Exhibit C
TCSP- CMM-8003(966)
Village of Morton Grove
Dempster Street Roadway improvements
Ferris Avenue to Central Avenue
Task Descriptions
Preconstruction
This task consists of coordinating a pre - construction meeting. Resident engineer
will assist the Village in the creation of a pre - construction meeting agenda, attend
the preconstruction meeting, and generate meeting minutes. This task includes
producing meeting deliverables and preliminary site visits by field staff to become
familiar with project.
Public Relations
This task will consist of working with the Village to schedule and facilitate one
open meeting for businesses and residents to address questions and document
concerns. This task includes preparing meeting deliverables.
3. Electrical /Signals
Provide observation, inspection and documentation of the construction work and
contractor operations to verify that the contractor accomplishes the work in
accordance with the contract documents including temporary signals and
coordination with IDOT.
Sidewalks /Treescape
Provide observation, inspection and documentation of sidewalk widening,
architectural features, such as benches and waste receptacles, and the
installation of trees.
5. Drainage
Provide observation, inspection and documentation of the construction work and
contractor operations to verify that the contractor accomplishes the work in
accordance with the contract documents including required manhole adjustment
to align with new street improvements.
MAI I of 2
6. Paving
Provide observation, inspection and documentation of the construction work and
contractor operations to verify that the contractor accomplishes the work in
accordance with the contract documents including contractor quality control
testing and quality assurance density testing. If IDOT quality assurance concrete
and asphalt plant inspection is not present during project material production,
MAI or its representative will provide plant inspection documentation.
Surveying
Surveying consists of checking contractor layout and project control.
8. Documentation
MAI will prepare.and maintain daily and periodic documentation and records
throughout the project necessary to verify progress, quantities, materials
documentation, measurements and computation of pay items, pay estimates,
change orders, and other authorized plan and /or contract adjustments. MAI will
provide one set of original hardbound full -size and on electronic copy in PDF
format of as -built plans to the Village identified as "Record Drawings" at the
completion of the project.
Project Closeout
MAI will perform final inspection and verify completion of all contract work
including the creation of a detailed written punch list. Final inspection of the
project will be coordinated with appropriate Village departments. Project
closeout will be complete once job boxes are delivered to and accepted by
Village.
10. Quality Assurance /Quality Control
Quality Assurance /Quality Control consists of material testing coordination,
material certification review, material mix design review, and review of the
contractor's material quality control plans.
MAI 2 of 2
Project No. TCSP - -CMM- 8003(966) Consultant: MdDonough Associates, Inc.
EXHIBIT D
REIMBURSABLE DIRECT COSTS - WORKSHEET ESTIMATES
A. VEHICLE REIMBURSEMENT
Daily Rate
$ 45.00
X 264
$
11,880.00
Includes Toils
No. of Days
Mileage $ 0.550 X 21000 $ 1,100.00
Mileage Rate No. of Mlles
(Use mileage rate found at www.gsa.gov)
TOTAL VEHICLE REIMBURSEMENT $ 12,980.00
B. OTHER DIRECT COSTS (List of items and estimated costs)
ALLOWABLE DIRECT COSTS are attached. If an expense is not included in the list,
written permission to include the direct cost must be received from the
Chief Engineer prior to Its inclusion.
Direct Cost Category Estimated Amount
Photography Supplies $ 500.00
Printing $ 670.00
Phones (a7 $70 per month " 12 months) $ 840,00
Copies $ 400,00
$
$
$ $ 21410.00
TOTAL In HOUSE DIRECT COSTS $ 15,390.00
Date Revised 03/17/06
Leg statave SulnMaz•
�— _ _ Ordinsnr -e X14 -16
AMENDING THE VII.1,AGE OF MORTON GROVE CODE SECTIONS
14-2, 14-3, 4- 121,44, 4- 17G -7, 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 amendment's to correct, clarify certain provisions, and keep sections current.
These proposed amendments will:
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,
All Departments
N/A
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:
h F. de, _Village Administrator
Prepared by � '��"" -' _ Reviewed by:
Peter P. Falcone, Administrative Intern
Liston, Corporation Counsel
ORDINANCE 09 -16
AN ORDINANCE AMENDING TITLE 1, CHAPTER 41 SECTION 2 ENTITLED MONETARY
PENALTIESAND FINES FOR SPECIFIC VIOLA TIONSAND OFFENSES; TITLE 1, CHAPTER
4, SECTION 3 ENTITLED STIPULATED SETTLEMENT; TITLE 4, CHAPTER 12L5 SECTION
14 ENTITLED PENALTY; TITLE 4, CHAPTER 17G9 SECTION 7 ENTITLED PENALTIES;
TITLE 5, CHAPTER 9, SECTION 1 ENTITLED PROHIBITED PARKING; TITLE 7, CHAPTER
10, SECTION 6 ENTITLED ENFORCEMENT; TITLE 8, CHAPTER 93 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, parking 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 l: 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
-3 -14F IFailure to post surgeon general warning sign ($20 00 - $100.00
..... _- -- .._: _.::::_ .:
- 3 -19C9a Finding of guilty by local liquor control commission - $25.00 - $1,000.00 and/or
'first violation suspension and revocation of
licenses and payment of fees
and costs
_.
3- -19C9a ,Finding of guilty by local liquor control commission - $50.00 - $2,500.00 and /or
lsecond violation suspension and revocation of
licenses and payment of fees
and costs
3 -19C9a Finding of guilty by local liquor control commission - 1$75.00 - $5,000.00 and /or
:third violation suspension and revocation of
licenses and payment of fees
and costs
3 -20C !Sale of alcohol without license - first violation C$100.00 - $1,000.00
3-20C Sale of alcohol without license - second violation 1$250.00 - $1,500.00
3-20C Sale of alcohol without license third violation $500 00 $2,500 00
r--
-. ..,_ , __._ .. _
3 -20D False statement in attempt to obtain liquor license —first $75.00 - $500.00
violation
3 -20D False statement in attempt to obtain liquor license - 1$250.00 - $1,500.00
second violation
_.:._._._. _....
3 -20D False statement in attempt to obtain liquor license - third {$500 00 - $2,500.00
violation
3 -20E Underage purchase, etc., of alcohol 1$75.00 $L000-00
other 3 -20F - ! violations liquor r y clsee � .1._0 0 0_0 _ __ $ 1p =000.0—
0
3 -20G !her vatios of liquor control act by licensee S 00 0$00.00
first o r
11 other violations of liquor control act by licensee -
:cond violation
11 other violations of liquor control act by licensee -
.ird and subsequent violations
iolations of tobacco dealers - first violation
iolations of tobacco dealers - second violation
-9C Violations of tobacco dealers - third and subsequent
5A -9 !Sale of tobacco without a license
----- - - --
15-3 Violations of garage and yard sales
1 -313 ,Motor vehicle immobilization, towing and impoundment
1 -3E 'Administrative fees related to immobilization, towing,
of automated traffic law enforcement system
54-10-113
of weight restrictions
'Violations
of motor driven scooter -first violation
5- 4 -10
-1D
Violations
of motor driven scooter - second violation
5-4-1
6
rViolations
of railroad crossing regulations
_
5 -4 -185
_
Driving while under the influence of alcohol, other drug,
through 3000
pounds
or combination thereof
5-4-19
through 3500
Violations
_-- -: --
suitable for enforcement by compliance
on
%:
7B
7B
7B
CDR,
Ylations
of weight restrictions
measured by weight
to
and
including 2000
pounds
overweight
in
2001
11
through 2500
pounds
overweight
in
2501
through 3000
pounds
overweight
m 3001
through 3500
pounds
overweight
in
3501
through 4000
pounds
overweight _
in
4001
through 4500
pounds
overweight
in
4501
through 5000
pounds
overweight
in 5001 or more pounds overweight
;$150.00 - $1,500.00
00 - $2,500.00
00.00 - $750.00
50.00 - $1,000.00 and/or 1-
10 day suspension
00.00 - $2,500.00 and /or 10
to 60 day suspensior
$500.00 - $2,500.00
$20.00 - $750.00
$ 100.00
00.00
100.00
paid
within 30 days;
200.00
paid
after 30 days
50.00- $100.00
100.00 - $750.00
250.00 - $750.00
250.00 - $2,500.00
50.00 paid within 14 days;
100.00 paid after 14 days
100.00
70.00
30.00
20.00
TIM
;0.00
ze shall be computed by
>essing $1500 for the first
00 pounds overweight;
50 for each additional
%rement of 500 pounds
erweialht or fraction thereof.
7C Violations of weight restrictions measured by license j$250.00
mate designation - H license plate designation
5 -8 -7C
1J license
plate
designation
5 -8 -7C
1K license
plate
designation
5 -8 -7C
�!L license
plate
designation
5 -8 -7C
IN license
plate
designation
5 -8 -7C
rP license
plate
designation
5-'8--7'C-- 8 -7C
IQ license
plate
designation
5 -8 -7C
R license
- _:._w. _.._...._.._
plate
__._..:.. -:_
designation
5 -8 -7C
S license
plate
designation
5 -8 -7C
T license
plate
designation
5 -8 -7C
1'V license
plate
designation
5 -8 -7G
�— rX license
plate
designation
5 -8 -7C
Z license
plate
designation
5 -8 7C
P license plate designation
5 -9 -IA
Violations of prohibited parking
1B Violations of prohibited parking
($1,000.00
1$1,500.00
1$1,750.00
1$2,000.00
$2,250.00
1$2,500.00
$2,750.00
$3,000.00
�f$3,250.00
1'$3 ,500.00
1$3,750.00
_ 1$3,750.00
1C (Violations related to parking in, by or near fire hydrants,
jdesignated fire lanes, and fire department stations
2 lViolations of restricted time parking
of commercial and recreational parking
5-9-4 Violations of restricted parking areas
5 -9 -5 Violations of parking restrictions, limitations
of loading zones
7 Violations of parking provisions for persons with
of municipal parking zones
10 Violations of electronic fare collection devices
12 -5 'Violation of snow removal section 5 -12 -1 of this code
1$30.00 paid within 14 days;
1$60.00 paid after, 14 days
[4$30 00 paid within 14 days;
$60.00 paid after 14 days
..... _.. _...::.
'$100 00 paid within 14 days;
$200.00 paid after 14 days
1$30.00 paid within 14 days;
1$60.00 paid after 14 days
$30.00 paid within 14 days;
$60.00 paid after 14 days
$30.00 paid within 14 days;
j$60.00 paid,after 14 days
j$30.00 paid within 14 days;
1$60.00 paid after 14 days
($30.00 paid within 14 days;
$60.00 paid after 14 days
1$250.00 paid within 14 days;
1'$350.00 paid after 14 days
$20.00 paid within 14 days;
$40.00 paid after 14 days
$20.00 paid within 14 days;
1$40.00 paid after 14 days
$30.00 - $750.00
1$30 00 - $750.00
1$30.00 paid within 14 days;
1$60.00 paid after 14 days
5 -1317-2 iViolations of no parking during certain hours 1$30.00 paid within 14 days;
1$60.00 paid after 14 days
5 -1317-3 iViolations of time limit parking zones 1$30.00 paid within 14 days;
1$60.00 paid after 14 days
5 -13F -4 Violations of restricted parking streets $30.00 paid within 14 days;
x$60.00 paid after 14 days
5-13G-1 Violations of snow route streets '$30.00 paid within 14 days;
$60.00 paid after 14 days
5 -13L -1 (Violations of no truck parking ;$30.00 paid within 14 days;
1$60.00 paid after 14 days
5 -13L -2 Violations of no commercial vehicle parking '$30.00 paid within 14 days;
1$60.00 paid after 14 days
5-13M-1 Violations of parking zones for buses $30.00 paid within 14 days;
1$60 00 paid after 14 days
6 -1 -3C iProhibition of vandalism, trespass or misuse of private 1$30.00 - $750.00 plus
property; parental responsibility established Irestitution
- .__ T _.::�� �.
6 -3 -1A Use, possession or providing prohibited smoking $100.00
paraphernalia - first violation
6-3-IA Use, possession or providing prohibited smoking 1$150.00 - $750.00
paraphernalia - second violation
6-4-8M Additional fine if in noncompliance of vicious animals 1$500 00
_ .......
6 -4 -16 Violations of animal control first violation 75 00 $750 00
-- .. .' .-
6 -4 -16 Violations of animal control - second violation ($100.00 - $750.00
6-4 -16 Violations of animal control - third violation
1$200.00 - $750.00
7 -4 -7F
Vi olations of sprinkler nkler re g ulations first violation 1$25.00
7 -4 -7F IViolations of sprinkler regulations - second violation 1$100.00
7 -4 -717 Violations of sprinkler regulations - third_ violation $150.00
8-6-21) Violations of detergent restrictions - first violation i$7
5 00 - $750.00
,subsequent violations
50.00 - $2,500.00
8_ 9 -4OA Violations of Smoke Free Morton Grove Ordinance 1$75.00 - $750.00 or penalty "
provided in 410 ILCS 82/1
whichever is greater
8 -9 -4 -B Violations of Smoke Free Morton Grove Ordinance 3100.00 - $500.00 or penalty
,(Business) - first violation ,provided in 410 ILCS 82/1
1whichever is greater
8-9-4-B Violations of Smoke Free Morton Grove Ordinance 1$200.00 - $750.00 or penalty
1(Business) - second violation fiprovided in 410 ILCS 82/1
1whichever is greater
(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 I entitled Prohibited Parking; is amended as follows:
5 -9 -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:
On any sidewalk or parkway;
2. At any place where the vehicle could block the use of any public or private driveway;
Within any intersection;
4. On a crosswalk;
Within twenty feet (20') of any intersection or crosswalk;
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 (18');
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 permitted, 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:
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 infoml 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 -11- 2008)
SECTION 10: Title 12, Chapter 16, Section 16 entitled Violation, Penalty, And Enforcement; is
amended as follows:
11 -16 -6: a 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`" day of October 2009.
Trustee DiMaria
Trustee
Gomberg
Trustee
Grear
Trustee
Marcus
Trustee
Thill
Trustee
Toth
APPROVED by me this 12°i day of October 2009.
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
this 13`h day of October 2009.
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Ordinance 09 -20
AN
ORDINANCE AMENDING
TITLE 1, CHAPTER 8,
SECTIONS II AND
12
ENTITLED "CODE
OF
ETHICS" AND "CODE OF
ETHICAL CONDUCT"
IN THE VILLAGE
OF
MORTON GROVE
Introduced
October 12, 2009
Synopsis:
This ordinance will update the Village's Code of Ethics in order to incorporate the Village's Gift
Ban Act and laws prohibiting interest and contracts by Village Officials, and also adds a new section
limiting political contributions from persons doing business within the Village of Morton Grove.
Purpose:
I
To insure elected and appointed officials and employees exercise theirjudgment and perform their
duties for the sole benefit of the citizens of the Village of Morton Grove, and not for personal
economic benefit.
Background:
Passage of this Ordinance will prohibit Village Officials from being financially interested directly or
indirectly in contract work or business of the Village or in the sale of any goods or services paid for
with public funds. Officials and employees are also prohibited from performing political activity
during Village compensated time. Village officials, employees, their spouses and members of their
immediate families are also prohibited from accepting a gift or anything of economic benefit from
persons doing business or seeking official actions from the Village of Morton Grove subject to
specific exceptions. These exceptions include the acceptance of food and refreshments less than $75
per day, gifts of less than $100, gifts from bequests and inr"ieritances, and gifts from fellow
employees' family members. This law also includes a standard of conduct which prohibits elected
officials and employees from disclosing confidential information for personal benefit, requires
elected officials to use independent judgment when taking official action, prohibits elected and
appointed officials from discriminating against any person because of race, religion, national origin,
sex, political opinion, or affiliation. This ordinance also adds a new section, Section 12,
implementing a Code of Ethical Conduct. All elected officials and members of the Village's Boards
and Commissions will have the option of signing the Village of Morton Grove's Elected Officials
and Board and Commission Members Code ofEthical Conduct. Signed Codes will be kept on file
for public display as will declinations. The Code of Ethical Conduct requires elected and appointed
officials to follow the rules and regulations of the Village of Morton Grove, and to treat fellow
officials in a fairly and civil matter, and to use independent judgment.
Departs Affected
All Village Departments, Boards and Commissions
Fiscal Impact:
N/A
Source of Funds:
N/A
Work Impact:
The implementation of this ordinance will be administrated through the Administrator's office.
Admin Recomd:
Approval as presented.
Second Reading:
Required — Code Amendment
Special
None
Considerations or
Requirements: i
Respectfully submitted:
X, t/4
Village Administrator
Prepared by: `� n -m ✓-
Teresa Hoffpllai Liston, Corporation Counsel
ORDINANCE 09 -20
AN ORDINANCE AMENDING TITLE 1, CHAPTER 8, SECTIONS 11 AND 12
ENTITLED "CODE OF ETHICS" AND "CODE OF ETHICAL CONDUCT"
IN THE VILLAGE OF MORTON GROVE
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois is a home
rule unit of goverment 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 Illinois General Assembly has enacted the State Officials and Employees
Ethics Act, 5 ILCS 430/1 -1 et seq ( "Act ") which is a comprehensive revision of the State statutes
regulating ethical conduct, political activities and the solicitation and acceptance of gifts by State
officials and employees; and
`WHEREAS, pursuant to Section 70 -5 of the Act (5 ILCS 430/70 -5), all units of local
government and school districts are required to adopt an ordinance or resolution regulating the political
activities of, and the solicitation and acceptance of gifts by, their respective officers and employees, "in
a manner no less restrictive" than the provisions of the Act, on or before May 19, 2004; and
WHEREAS, the Village of Morton Grove, by the passage of this Ordinance reaffirms its
adoption of the State Officials and Employees Ethics Act as it applies to municipal government; and
WHEREAS, the Village has a policy of regularly reviewing and revising its Municipal Code, as
necessary, to insure the provisions of the Code remain compliant with state statutes and relevant to the
current operations and requirements of the Village; and
WHEREAS, the Village President and Corporate Authorities hereby state the policy of the
Village, its elected and appointed officials, and employees should in all cases exercise their judgment
and perform their duties for the sole benefit of the citizens of the Village of Morton Grove, and not for
personal economic gains; and
WHEREAS, in order to confirm the Village of Morton Grove's commitment to the highest
ethical standards, it is necessary and appropriate to amend Title 1, Chapter 8, Section 11 and 12 of the
Village's Municipal Code to clearly state and spell out the Village's laws with respect to ethics and
ethical conduct.
NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION]: The Corporate Authorities do
clauses into this Ordinance as though fully set forth
set forth.
SECTION 2: Title 1, Chapter 8, Sections I
Morton Grove are hereby amended by substituting
its entirety as follows:
hereby incorporate the foregoing WHEREAS
therein thereby making the findings as hereinabove
and 12 of the Municipal Code of the Village of
or these sections a new section which shall read in
CODE OF ETHICS: It is the policy of the Village of Morton Grove that its elected
and appointed officials and employees should, in all cases, exercise their judgment and
perform their duties for the sole benefit of the citizens of the Village of Morton Grove. Therefore, all
such persons should avoid accepting or retaining any economic benefits or opportunities that could
impair or represent an actual threat to the exercise of independent judgment. It is further policy of the
Village all appearances of impropriety shall be avoided. The Village Board of Trustees has determined
the provisions and purpose of this chapter set forth ethical principles and regulations applicable to
public officials and employees in the Village of Morton Grove. Furthermore, it has been determined
this chapter will contribute to the public confidence in the integrity, ability, and performance of public
officials in the Village.
A. Definitions: As used in this chapter, the following terms shall have the definitions provided for
in this section:
AFFILIATED ENTITY Any affiliated person or subsidiary of a business entity including officers
and executive employees of the business entity or subsidiary.
AFFILIATED ,PERSON Any person with any ownership interest or distributive share of a
business entity in excess of 7.5 %, or an executive employee of the
business entity, or the spouse and minor children of any such persons.
BOARDS AND A member of a board or commission established by ordinance or by
COMMISSION MEMBERS action of the Village President or Board of Trustees.
BUSINESS ENTITY Any entity doing business for profit, whether organized as a corporation,
partnership, sole proprietorship, limited liability company or partnership,
or otherwise, and any affiliated entity or affiliated person of same.
COMPENSATED TIME With respect to an employee, any time worked by or credited to the
employee that counts toward any minimum work time requirement
imposed as a condition of his /her employment, but for purposes of this
Ordinance, does not include any designated holidays, vacation periods,
personal time, compensatory time off or any period when the employee
is on a leave of absence. With respect to officials or employees whose
hours are not fixed, "compensated time" includes any period of time
when the official is on the premises under the control of the Village and
any other time when the official or employee is executing his /her official
duties, regardless of location.
COMPENSATION Any money,
thing of value,
or economic benefit conferred
on, or
received by,
any person in
return for services rendered, or
to be rendered.
COMPENSATORY Authorized time off earned
by or awarded to
an employee to compensate
TIME OFF in whole
or in part for time
worked in excess
of the minimum work time
required
of that employee as
a condition of his /her employment.
CONTRIBUTION A contribution as defined in Section 9 -1.4 of the Illinois Election Code
(10ILCS 5/9 -1.4).
DECLARED CANDIDATE A person who has filed a statement of candidacy and petition for
nomination or election in the principal office of the State Board of
Elections for an elected office of the Village.
ECONOMIC Any purchase, sale, lease, contract, option, or other transaction or
OPPORTUNITY arrangement involving property or services wherein an official may gain
an economic benefit.
ELECTED OFFICIAL The Village President and Village Trustees which shall collectively be
known as the Corporate Authorities or governing board and /or the
Village Clerk.
EXECUTIVE EMPLOYEE The President, chairperson, chief executive officer, or other employee of
a business entity with executive decision making authority over the long
term and day -to -day affairs of the entity employing the employee, or an
employee whose compensation is determined directly, in whole or in
part, by the award or payment of contracts by the Village to the entity
employing the employee.
GIFT Any gratuity, discount, entertainment, hospitality, loan, forbearance, or
other tangible or intangible item having monetary value including, but
not limited to, cash, food and drink, and honoraria for speaking
engagements related to or attributable to government employment or the
official position of an officer or employee.
OFFICIAL Salaried or unsalaried Village officials appointed by the Village
President with a confirming vote of the Board of Trustees.
PERSON OR ENTITY An individual, proprietorship, partnership, association, trust, estate,
business trust, group, or corporation, whether or not operated for profit,
or a governmental agency, unit, or subdivision.
POLITICAL ACTIVITY Any activity in support of or in connection with any campaign for
elective office or any political organization but does not include
activities relating to the support or opposition of any executive,
legislative, or administrative action, or relating to collective bargaining,
or are otherwise in furtherance of the person's official duties.
POLITICAL A party, committee, association, fund, or other organization (whether or
ORGANIZATION not incorporated) that is required to file a Statement of Organization with
the State Board of Elections or a county clerk under Section 9 -3 of the
Election Code (10 ILCS 5/9 -3), but only with regard to those activities
that require filing with the State Board of Elections or a County Clerk.
PROHIBITED 'POLITICAL 1. Preparing for, organizing, or participating in any political
ACTIVITY meeting, political rally, political demonstration, or other political
event.
2. Soliciting contributions, including but not limited to the purchase
of, selling, distributing, or receiving payment for tickets for any
political fundraiser, political meeting, or other political event.
3. Soliciting, planning the solicitation of, or preparing any
document or report regarding anything of value intended as a
campaign contribution.
4. Planning, conducting, or participating in a public opinion poll in
connection with a campaign for elective office or on behalf of a
political organization for political purposes or for or against any
referendum question.
Surveying or gathering information from political or actual voters
in an election to determine probable vote outcome in connection
with a campaign for elective office or on behalf of a political
organization for political purposes or for or against any
referendum question.
6. Assisting at the polls on election day on behalf of any political
organization or candidate for elective office or for or against any
referendum question.
Soliciting votes on behalf of a candidate for elective office or a
political organization or for or against any referendum question
or helping in an effort to get voters to the polls.
8. Initiating for circulation, preparing, circulating, reviewing, or
filing any petition on behalf of a candidate for elective office or
for or against any referendum question.
9. Making contributions on behalf of any candidate for elective
office in that capacity or in connection with a campaign for
elective office.
10. Preparing or reviewing responses to candidate questionnaires.
I I. Distributing, preparing for distribution, or mailing campaign
literature, campaign signs, or other campaign material on behalf
of any candidate for elective office or for or against any
referendum question.
12. Campaigning for any elective office or for or against any
referendum question.
13. Managing or working on a campaign for elective office or for or
against any referendum question.
14. Serving as a delegate, alternate, or proxy to a political party
convention.
15. Participating in any recount or challenge to the outcome of any
election.
PROHIBITED SOURCE Any person or entity who:
is seeking official action by an official or by an employee, or by
the official or another employee directing that employee;
2. does business or seeks to do business with the official or with an
employee, or with the officer or another employee directing that
employee;
3. conducts activities regulated by the official or by an employee or
by the officer or another employee directing that employee;
4. has interests that may be substantially affected by the
performance or non - performance of the official duties of the
officer or employee.
REPRESENT PRIVATE The representation of any person, client, or principal with or without
INTEREST compensation, in any matter before the Corporate Authorities or any
board or commission where the action or non - action of the Corporate
Authorities or board or commission involves the exercise of substantial
discretion. However, the term shall not include inquiries for information
or other services rendered in a legislative capacity on behalf of a
constituent or other member of the public.
VILLAGE EMPLOYEE: Refers to all full, part time and seasonal employees carried on the active
payroll of the Village who are receiving regular monetary compensation
for their services to the Village.
B. Persons Affected: The provisions of this Chapter shall apply to all officials and employees of
the Village of Morton Grove, whether elected or appointed, paid or unpaid, including members
of boards and commissions.
In addition to the provisions of this chapter, the Village Administrator is hereby authorized to
promulgate rules and regulations relating to outside employment and business interests,
conflicts of interest, or other ethical matters as he may deem necessary, which rules and
regulations shall be applicable to all Village employees; however, in the event of a conflict
between such rules and regulations promulgated by the Village Administrator and the
requirements of this chapter, the more stringent rules, regulations, or requirements shall apply
to all Village employees.
C. Prohibited Interest In Contracts:
No Village official shall be financially interested directly or indirectly in any contract,
work, or business of the Village or in the sale of any goods or services whenever the
expense, price, or consideration of the contract, work, business, or sale is paid either
from the treasury or by an assessment levied by statute or ordinance. No Village
official shall be interested, directly or indirectly, in the purchase of any property that: a)
belongs to the municipality, b) is sold for taxes or assessments, or e) is sold by virtue of
legal process at the suit of the Village.
An official shall not be deemed interested if the official owns or holds an interest of one
percent (1%) or less in a company that is involved in the transaction of business with
the Village, and that company's stock is traded on a nationally recognized securities
market.
This section does not prohibit any Board or Commission member from having an
interest in a contract, work, or business of the Village unless the board or commission
member's duties include evaluating, recommending, approving, or voting to
recommend or approve the contract, work, or business.
2. An official may, however, be interested in contract work or business of the Village to
the Village, if
a. The Village contract is with a business entity in which the official has less than a
seven and one -half percent (7V2%) share in the ownership;
b. The official publicly discloses the nature and extent of the interest before or
during deliberations concerning the proposed award of the contract;
C. The official abstains from voting on the award of the contract (though the
official shall be considered present for the purposes of establishing a quorum);
d. The contract is approved by a majority vote of those members presently holding
office;
C. The Village purchasing regulations, including those requiring competitive
bidding are followed; and
f. The award of the contract would not cause the aggregate amount of all contracts
so awarded to the business entity in the same fiscal year to exceed twenty -five
thousand dollars ($25,000.00).
3. All such actions by elected or appointed officers shall be in compliance with 65 Illinois
Compiled Statutes 65 513.1 -55 -10 and 50 Illinois Compiled Statutes 105. If there is a
conflict between this ordinance and either of the aforedescribed statutes, the more
stringent regulations shall apply.
D. Prohibited Political Activity:
For purposes of this paragraph, terms not defined in this Section 1 -8 -11 shall have the
same meaning as those set forth in the Illinois State Officials and Employees Ethics
Act, 5 ILCS 430/1 -1 et seq. as amended from time -to -time.
2. Whenever the terms of this paragraph are in conflict with the Illinois State Officials and
Employee Ethics Act, the regulations which are more strict shall be controlling.
3. No officer or employee shall intentionally perform any prohibited political activity
during any Village compensated time. No official or employee shall intentionally use
any property or research of the Village of Morton Grove in connection with any
prohibited political activity.
4. At no time shall any official or employee intentionally require any other official or
employee to perform any political activity as part of that official's or employee's duties,
or as a condition of employment, or during any compensated time off such as holidays,
vacation, or personal time off.
5. No official or employee shall be required at any time to participate in any prohibited
political activity in consideration for that official or employee being awarded additional
compensation or any benefit whether in the form of a salary adjustment, bonus,
compensatory time off, continued employment, or otherwise, nor shall any official or
employee be awarded additional compensation or any benefit in consideration for his or
her participation in any prohibited political activity.
6. Nothing in this section prohibits activities that are permissible for an official or
employee to engage in as part of his /her official duties or activities that are undertaken
by an official or an employee on a voluntary basis which are not otherwise prohibited
by this ordinance or the Municipal Code of the Village of Morton Grove.
No person shall be denied or deprived of employment with the Village of Morton Grove
solely because he /she is a member of a political committee party or organization.
E. Gift Ban:
For purposes of this paragraph, terms not defined in this section 1-8-11 shall have the
same meaning as those set forth in the Illinois State Officials and Employees Ethics
Act, 5 ILLS 430/1 -1 et seq. as amended from time -to -time.
2. Whenever the terms of this paragraph are in conflict with the Illinois State Officials and
Employee Ethics Act, the regulations which are more strict shall be controlling.
3. Except as permitted by this Article, no official or employee, and no spouse of or
immediate family member living with any official or employee (collectively referred to
herein as "recipients "), shall intentionally solicit or accept any gift from any prohibited
source, as defined herein, or which is otherwise prohibited by law or ordinance. No
prohibited source shall intentionally offer or make a gift that violates this Section.
4. Exceptions: The prior section is not applicable to the following:
a. Economic opportunities, benefits, and services available on the same conditions
as for the general public.
b. Anything for which the official or employee, or his /her spouse or immediate
family member, pays the fair market value.
C. Any contribution that is lawfully made under the Election Code, or activities
associated with a fundraising event in support of a political organization or
candidate.
d. Educational materials and missions.
e. Travel expenses for a meeting to discuss business.
£ A gift from a relative, meaning those people related to the individual as father,
mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first
cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson,
granddaughter, father -in -law, mother -in -law, son -in -law, daughter -in -law,
brother -in -law, sister -in -law, stepfather, stepmother, stepson, stepdaughter,
stepbrother, stepsister, half brother, half sister, and including the father, mother,
grandfather, or grandmother of the individual's spouse and the individual's
fiance or fiancee.
g. Anything provided by an individual on the basis of a personal friendship unless
the recipient has reason to believe that under the circumstances the gift was
provided because of the official position or employment of the recipient or
his /her spouse or immediate family member and not because of the personal
friendship. In determining whether a gift is provided on the basis of personal
friendship, the recipient shall consider the circumstances under which the gift
was offered, such as
the history of the relationship between the individual giving the gift and
the recipient of the gift, including any previous exchange of gifts
between those individuals;
whether to the actual knowledge of the recipient the individual who gave
the gift personally paid for the gift or sought a tax deduction or business
reimbursement for the gift; and
iii. whether to the actual knowledge of the recipient the individual who gave
the gift also at the same time gave the same or similar gifts to other
officials or employees, or their spouses or immediate family members.
h. Food or refreshments not exceeding $75 per person in value on a single calendar
day; provided the food or refreshments are consumed on the premises for which
they were purchased or prepared, or catered. For the purposes of this Section,
"catered" means food or refreshments that are purchased ready to consume
which are delivered by any means.
Food, refreshments, lodging, transportation, and other benefits resulting form
outside business or employment activities (or outside activities that are not
connected to the official duties of an official or employee), if the benefits have
not been offered or enhanced because of the official position or employment of
the official or employee, and are customarily provided to others in similar
circumstances.
j. Intra- governmental and inter-governmental gifts. For the purpose of this Act,
"intra - governmental gift" means any gift given to an official or employee from
another official or employee, and "inter- governmental gift" means any gift given
to an official or employee by an official or employee of another governmental
entity.
k. Bequests, inheritances, and other transfers at death.
Any item or items from any one prohibited source during any calendar year
having a cumulative total value of less than $100.
Each of the exceptions listed in this Section is mutually exclusive and independent of
every other.
Disposition of Gifts: An official or employee, his/her spouse or an immediate family
member living with the official or employee, does not violate this Ordinance if the
recipient promptly takes reasonable action to return a gift from a prohibited source to its
source or gives the gift or an amount equal to its value to an appropriate charity that is
exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code of
1986, as now or hereafter amended, renumbered, or succeeded.
Standards of Conduct:
Disclosure of Information: No elected or appointed official or employee with respect to
any transaction which is or might reasonably be expected to become the subject of an
official act or action, shall, without proper legal authorization, disclose confidential -
information concerning the property, government, or affairs of the Village or use such
information to advance the interest of such elected or appointed official or employee or
his family members.
2. Independent Judgment: No elected or appointed official shall take part in any
discussion or vote on any matter where the independent judgment of the official would
reasonably be impaired because of an actual or likely economic benefit.
Use of Public Property: No elected or appointed official or employee shall request or
permit the use of Village owned vehicles, equipment, materials, or property for personal
convenience or profit; or political purposes, except when such services are available to
the public at large or are provided as Village policy for the use by such elected or
appointed official or employee.
Representing Private Interests: No elected or appointed official shall represent private
interests in any action, proceeding, or litigation when such representation would be
contrary to the interests of the Village.
5. Other Representation: Elected or appointed officials may appear before the Corporate
Authorities or Village boards, commissions, or committees on behalf of the Village or
its constituents in the course of their duties as a representative of the electorate or in the
performance of public or civic obligations.
G. Fair and Equal Treatment: No elected or appointed official shall directly, or indirectly, attempt
to influence the hiring or obtain preferential consideration for any person seeking employment
with the Village. No person shall be appointed to or removed from, or in any way favored or
discriminated against with respect to any appointive office because of his or her race, religion,
national origin, sex, political opinion, or affiliations if otherwise qualified for the position or
office. However, this provision does not impair the appointing authority's discretion in
determining the requirements for a position or job assignment of a person holding such a
position.
H. Applicability of State Law: Nothing in this chapter shall be deemed to or in any way restrict
the application of any state statute or any common law provision with respect to prohibited
activities, interest in contracts, government ethics, conflicts of interest, malfeasance,
misfeasance, nonfeasance in office which would otherwise be applicable to any person subject
to the provisions of this chapter. The provisions of this chapter shall be deemed additional
requirements and shall in no way be construed to be in derogation of present statutory penalties
and other local remedies for acts prohibited in this chapter.
Severability: If any clause, sentence, section, provision, part of this chapter, or the application
of this chapter to any person or circumstance shall be adjudged to be unconstitutional, the
remainder provisions of this chapter or its application to persons or circumstances other than
those to which it is held invalid shall not be affected.
Enforcement and Penalty: Any person violating any of the provisions of this section shall be
fined in accordance with Title 1, Chapter 4 of this Code for each offense, and every day such
violation is permitted to continue shall constitute a distinct and separate offense. Nothing
herein contained shall create or detract from the civil or criminal liability of any public official
or employee, or any other laws or ordinances. Violations of any provisions of this Code shall
constitute a cause for censure, suspension, removal from office or employment, or other
disciplinary action by the appropriate authority as allowed by law.
(Ord. 99 -20, 6 -14 -1999; amd. Ord. 01 -53, 11 -26 -2001; Ord. 08 -22, 5 -12 -2008; Ord 09 -_, date)
1 -8 -12: CODE OF ETHICAL CONDUCT: Each elected official and member of Village
boards and commissions shall, at the commencement of his /her term, or at the effective
date of this ordinance if the elected official or member of a Village boards or commissions term has
previously commenced, be asked to sign the Village ofMorton Grove Elected Officials and Board and
Commission Members Code of Ethical Conduct. If the elected official or a member of such board or
commission voluntarily chooses to execute this Code, an executed copy of same shall be made pail of
the Village records and available for public inspection. In the event an elected official or a member of
a board or commission declines to execute the Code of Ethical Conduct, he /she shall sign a Declination
Form which shall be made a part of the Village record and available for public inspection. The Code
of Ethical Conduct shall provide substantially the following:
I,
VILLAGE OF MORTON GROVE
ELECTED OFFICIALS
AND BOARD AND COMMISSION MEMBERS
CODE OF ETHICAL CONDUCT
(title) of the
(state full name) pledge, as a
(offzce/hoard/or commission)
hereby pledge that I will follow the letter and spirit of this Code of Ethical Conduct in the performance
of my official duties for the Village of Morton Grove.
I. INTENTT: I understand the intent of this Code is to provide, honest, ethical, transparent, and
accountable local government to the citizens and businesses of the Village of Morton Grove
II. INDEPENDENT JUDGMENT: My official actions shall be independent, partial, and fair and
shall be based on the merit and substance of each case. I will use my office for the public good
and not for my political or personal gain.
III. CIVIL AND FAIR TREATMENT OF OTHERS: When dealing with other public officials,
village staff, or members of the public, I shall conduct myself at all times in a respectful and
civil manner. I shall in my official capacity, refrain from personal attacks upon the character or
motives of other elected and appointed officials, village staff, or members of the public.I shall
be prepared for all meetings, listen courteously and attentively to all public discussion, and
refrain from interrupting other speakers, or otherwise interfering with the orderly conduct of the
meeting.
IV. OPEN DELIBERATIONS: Except as specifically allowed by law, my discussions of Village
business shall be conducted openly, and in conformance with the Illinois Open Meetings Act.
V. CONFIDENTIAL INFORMATION: I agree to respect the confidentiality of information
concerning the property, personnel, and business of the Village of Morton Grove. I will not
disclose such confidential information without proper legal authorization or direction, nor shall
I use such information to advance my personal, financial, or other interests unless such
information is available to the general public.
VI. ADHERENCE TO ALL LAWS: I shall comply with all state, and local regulations, including
without limitations the Village of Morton Grove's Code of Ethics, the State of Illinois Open
Meetings Act, the State of Illinois Gift Ban Act, the State of Illinois State Officials and
Employees Ethics Act.
Dated:
Name:
(Signature)
SECTION 3: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance
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 portion thereof.
SECTION 4: In the event this Ordinance or any part thereof is in conflict with any State
ordinance or resolution or part thereof, the amendments in this Ordinance shall be controlling but only
to the extent of such conflict and only as allowed by law. Except as to Code Amendments set forth in
this Ordinance, all Chapters and Sections of the Village of Morton Grove Municipal Code as amended
shall remain in full force and effect.
SECTION 5: This Ordinance shall be in full force and effect as of January 1, 2010.
PASSED THIS 12 "' DAY OF October 2009.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
DiMaria
Gomberg
Grear
Marcus
Thill
Toth
APPROVED BY ME THIS 12`x' DAY OF October 2009.
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 13 °i day of October 2009
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
,�e gN }P'ir `'fat7IrrlarN
ORDINANCE 09, q9
AMENDING TITLE 9, CHAPTER 2, SECTION 2, OF THE VILLAGE OF MORTON GROVE
MUNICIPAL CODE ENTrrLED "AUTOMATIC FIRE; EXTINGUISHMENT"
Introduced
Septernber Iii, 2009
Objective
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 law.
Purpose:
This ordinance will strengthen and clarify Village ordinances with respect to fire
sprinkling systems and associated equipment and devices..
Background:
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 recornmended 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.
Programs, Departments
Fire Department
or Groups Affected
Fiscal Impact:
The fiscal impact could vary depending on the number of violations that are ultimately
prosecuted.
Source of Funds:
Not applicable.
Workload Impact:
Impact for the administration and enforcement of this ordinance will be handled by the
Fire Department during their normal course of duties.
Administrator
Approval as presented.
Recommendation:
Second Reading:
Required -- code amendment
Special Considerations or None
Requirements,
Administrator Approval � 4 ° W[ak - FGvr�e,,,�PiJby � rek,d 1� -� --
Josepl W e, Village Adinir �strator Torn Friel, T� Chef
Prepared tr ���c G? G? _L , _ __ R? vir ev c d R y r
William Porter, Captain, Fie Department Tc _,a. Y,c t Tn7a.oa Lit 11 noration Counsel
ORDINANCE 09; 0
AMENDING TITLE 9, CHAPTER 2, SECT '!ON 29 OF'TI-IE', VILLAGE OF MORTON GROVE
MUNICIPAL CODE, ENUTLED "AUTOMATIC IC FIRE EXTINGUISHMENT"
Introduced
Objective
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
Second Reading:
Special Considerations or
Requirements:
Septernber 14, 2009
To amend Title 9, Chapter 2, Section 2, of the Village ?Municipal Code entitled
"Automatic Eire Extinguishment" to insure this Section is consistent with curt-ent
procedures rued Illinois law.
This ordinance will strengthen and clarify Village ordinances with respect to fire
sprinkling systerns 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 "Autornadc Fire Extinguishment ", The Captain of the Fire
Prevention Bureau has reoommended this Chapter of the Code be updated to strengthen
Village ordinances related to procedures for regulating fire sprinkling systems and
associated equipment and devices it 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.
Irnpact for the administration and enforcement of this ordinance will be handled by the
Fire Departmoat during their normal coarse of duties.
Approval as presented.
Required -- code amendment
None
__
i
Administrator Approval__ (% .� . ---- - _ Revic, red by i ` ar g t . —_ --
losepW .Ir , Village f dn�i �isirator 1 om Friel, F'� Chief
''� - -._`
Prepared by: , G -- �- ' = - - - -- Reviewed rry° _
William Porter, Captain, Fire Department
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 goverment 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 staffs 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 fisted 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 991-
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 construction 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- family 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 frill 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 constriction 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 a fire 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.
P. Required Alarm: All automatic fire extinguishing systems shall be comlected 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
rnaintain ari emergency key access system as prescribed acid approved by the fire chief or his
designee.
Exception: Detached single - family residences, attached single - family residences, townhomes, or
and 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
ofsprinklered 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 arid, 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 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 stanues, 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 12`h day of October 2009.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
DiMaria
Gomberg
Grear
Marcus
Thill
Toth
APPROVED BY ME THIS 12`h day of October 2009.
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILES in my office
This 13`h day of October 2009.
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Leeislative Summary
Resolution 09 -57
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR
PURCHASE OF A WIRELESS FIRE ALARM NETWORK
Introduced
October 12, 2009
Synopsis:
This Resolution authorizes the execution of an Intergovernmental Agreement (IGA) among Niles,
Skokie, Lincolnwood, Wilmette, Prospect Heights FPD, and North Maine FPD to form the
Friel
MABAS Division 3 Radio Alann Network (RAN) which will provide centralized monitoring of
wireless (radio) fire alarms from area businesses.
Purpose:
This IGA and RAN will provide the Village with the means to exercise more direct and more
effective control over monitored fire alarms required by the existing ordinance.
Background:
Title 9, Chapter 2 -2 (F) of the Village Code mandates that fire alarms required by code be
monitored in a manner approved by the Fire Chief. Since 2001, the Village has encouraged
businesses to migrate from outdated (telephone- based) fire alarm transmission technology to the
use of wireless fire alarms. Currently, approximately 150 Village businesses (subscribers) have
their existing radio alarms monitored at RED Center through renewable service leases with a third
party vendor. Once the IGA is approved, the participating communities in RAN will jointly
purchase the equipment necessary to own and monitor a wireless fire alarm network and will
eliminate the need for the third party leases. Consequently, alarms will be transmitted to RED
Center faster and with fewer incidences of false alarms and service interruptions. Existing and
future Morton Grove businesses will enter into lease and service agreements with the Village or its
authorized representative. Businesses utilizing telephone based alarm transmission technology will
be required to migrate onto the Village's network when their monitoring method is deemed no
longer serviceable.
The Village of Niles will act as the "host community and will finance the purchase of the necessary
infrastructure to operate the RAN. The Village will pay its share of these costs from revenue
received from subscribers.
Department
Effected:
Fire Department
Fiscal Impact:
No "up front" costs are required of the Village. Assuming a 5 year finance period for initial
purchase, our village should net approximately $4,200 /month for 5 years. After the equipment
purchase is paid off, the village's net amount would increase.
Source of
Funds:
Monthly subscriber user fees.
Administrator
Recommend:
Approval as presented
First Reading:
Not Required
Respectfully submitted: L f7A W/112
Josef , F. R °ade, Village Administrator
Prepared
by:
Reviewed
Fire Chief T911
Friel
Teret
RESOLUTION 09 -57
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
FOR PURCHASE OF A WIRELESS FIRE ALARM NETWORK
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, purchase, and incur debt; and
WHEREAS, the Village of Morton Grove as a unit of local goverranent authorized to exist
under the terms of the Illinois Compiled Statutes; and
WHEREAS, the Village desires to provide a means by which businesses in the community are
able to transmit wireless fire alarms in a more rapid fashion with reduced incidences of false alarms
and service interruptions; and
WHEREAS, the Intergovernmental Cooperation Act provides a public agency may jointly
exercise or combine any power, privilege, function or authority with other public agencies, ILLS 220/1
et seq. (2008); and
WHEREAS, the Village desires to enter into an intergovernmental agreement with other
interested communities including Niles, Skokie, Lincolnwood, Wilmette, Prospect Heights Fire
Protection District, North Maine Fire Protection District in order to share the costs associated with
purchase and maintenance of the equipment necessary to receive, re- transmit, and monitor business
fire alarms; and
WHEREAS, participation in this cooperative effort is an efficient means of managing the
requirements of the Village's adopted fire code as well as the means by which businesses comply with
the code. This efficiency will result in the following advantages:
(i) Allow the Village to more affirmatively control and maintain the health and continuity
of the existing fire alarm radio network.
(ii) Provide for stabilized subscriber fees to Village businesses.
(iii) Reduce the incidence of false alarms associated with current direct connect phone
circuits and digital dialing systems.
(iv) Costs for infrastructure improvements will be offset by associated monthly user fees.
(v) The cooperative approach shares hardware expenses between the Village and the
participating
members and
provides
system redundancy not available if the Village
developed its
own wireless
network;
and
WHEREAS, the Village's participation in this Agreement will provide structure for this effort
and approval to develop a Request for Proposal (RFP), on behalf of the participating communities, for
equipment and a Network Maintenance Vendor Agreement. This effort will be conducted by the
participating members with the Village of Niles assuming the role of "Lead Agency" in the process;
and
WHEREAS, the Village Administrator and Fire Chief recommend to the President and Board
of Trustees the Intergovernmental Agreement for Wireless Alarm Monitoring with the Villages of
Lincolnwood, Skokie, Niles and Wilmette, and the North Maine and Prospect Heights Fire Protection
Districts, be approved substantially in the form attached hereto and marked as Exhibit "A ", subject to
changes approved by the Village Administrator or designee and the Corporation Counsel of the Village
of Morton Grove;
NOW, THERFORE, 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 of Morton Grove is authorized, and the Clerk to attest, to enter into
an intergovernmental agreement with any, or all, of the aforementioned participating communities in
substantial conformity with Exhibit "A ".
SECTION 3: The Village Administrator and the Fire Chief and /or their designees are hereby
authorized to take all step necessary to implement and perform the Village's obligations pursuant to
this agreement, including tailing all steps necessary to issue a Request for Proposal, recommend an
award of contract, and participate as a designated municipal member of the MABAS Division 3 Radio
Alarm Network (RAN) as per the attached agreement (Exhibit "A ").
SECTION 4: The Fire Chief is hereby authorized to act as the Village's representative on the
technical committee established by the intergovernmental agreement.
SECTION 5: This Resolution shall be in full force and effect upon its passage and approval.
PASSED this 12`h day of October 2009.
Trustee DiMaria
Trustee Gomberg
Trustee Grear
Trustee Marcus
Trustee Thill
Trustee Toth
APPROVED by me this 12`h day of October 2009
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office this
13'h day of October 2009.
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
EXHIBIT "A"
INTERGOVERNMENTAL AGREEMENT
WIRELESS ALARM MONITORING
This Agreement is entered on this day of 20, by and amongst the Villages of
Lincolnwood, Morton Grove, Niles, Skokie, and Wilmette, and the North Maine and Prospect Heights
Fire Protection Districts, all Illinois municipal corporations (hereinafter referred to as "Participating
Members ").
RECITALS
WHEREAS, Article VII, Section 10, of the Constitution of the State of Illinois, 111. Const., art. VII, sec.10(a),
provides that in furtherance of the exercise of their powers units of local government may contract or
otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any
power or function, in any manner not prohibited; and
WHEREAS, the Intergovernmental Cooperation Act provides that a public agency may jointly
exercise or combine any power, privilege, function or authority with other public agencies, 5 ILCS 220/1 et
seq.; and
WHEREAS, the Participating Members are units of local government, Ill. Const., art. VII, sec. 1, and
public agencies, 5 ILCS 220/2; and
WHEREAS, the Participating Members are exploring various methods of enhancing fire and
burglar alarm monitoring at their emergency dispatch facilities; and
WHEREAS, the Participating Members desire to participate in a wireless alarm network, entitled,
"MABAS Division 3 Radio Alarm Network" (hereinafter referred to as "Division 3 - RAN"). Division 3 -
RAN will be a cooperative effort whereby the Participating Members will share the use and cost of some
equipment and services, and make financial expenditures, as indicated below, in the wireless alarm
network; and.
WHEREAS, collectively there are 766 alarms that will initially be the subject of the Division 3 -
RAN; and
WHEREAS, the various technical developments and facility enhancements affecting the
Participating Members provide an excellent opportunity to consider collectively upgrading the alarm
monitoring systems consistent with contemporary technology: and
WHEREAS, the development of a collective wireless system will eliminate telephone line charges
to wireless alarm subscribers, reduce costs to the Participating Members, provide enhanced alarm
monitoring and reduce redundancy in the provision of alarm monitoring infrastructure; and
WHEREAS, the parties desire to include other municipal corporations in the Division 3 - RAN to
share certain costs and provide an enhanced regional system;
NOW, THEREFORE, in consideration of the promises and provisions contained herein, the payment
of $10.00 and other good and valuable consideration, the receipt and sufficiency of such being hereby
acknowledged, the Participating Members agree to the following:
1. Incorporation. The above stated recitals are material and are restated and incorporated herein as if
stated in full.
Page 1 of 4
2. Lead Agency, Village of Niles (hereinafter "Niles ") will be the "Lead Agency." Niles will function
as the administrative coordinating agency for: (i) selection and supervision of a vendor for equipment,
including on -going maintenance of such equipment, and services, (ii) procurement of funding for the
equipment, and (iii) development of a financial plan for the payback of the equipment costs and a
distribution process for revenues to participants in the Division 3 - RAN including quarterly financial
reports to the satisfaction of the Participating Members and an annual financial audit. The Lead Agency
shall be entitled to an administrative fee in an amount equal to two and one -half percent (2.5 0/0) of the
collected equipment and maintenance fee associated with administrative functions described in this
paragraph.
3. Host Agency. In the event head end equipment is located in a facility or real property owned by a
Participating Member, then that member shall be considered a "Host Agency" A Host Agency shall be
entitled to receive a hosting fee in the amount of two and one -half percent (2.5 %) of collected
monitoring fees associated with all alarms supported by the head end equipment. The hosting fees will
be paid by Participating Members that have alarms supported by the respective head end equipment.
4. Purchase of Equipment. The Participating Members shall work together to identify the type of
equipment they desire to utilize in the operation of the Division 3 - RAN. The Participating Members
shall develop a Request for Proposal (hereinafter "RFP "), or multiple RFPs if-appropriate, for the
purchase of the equipment and services. The REP process will be completed in compliance with
applicable purchasing laws and the ordinances of the Lead Agency.
5. Division 3 -RAN. The parties will agree on policies and procedures for the operation of the
Division 3 - RAN. A Division 3 - RANT Technical Work Group (hereinafter "Technical Group") will be
comprised of a designee from each Participating Member. The Technical Group shall be responsible for
developing direction and making operational decisions. A simple majority of those designees will be
required to approve or disapprove decisions.
6. Head End Equipment. The initial head end equipment will be placed in Niles, unless otherwise
agreed to by the Technical Group. Communication of alarms to associated primary and secondary public
safety answering points will be in locations designated by Participating Members. The alarms monitored
for the Village of Skokie (hereinafter "Skokie") will be transmitted to Skokie's Emergency
Communication Center. Alarms monitored for all other Participating Members will be transmitted to the
Regional Emergency Dispatch Center in Northbrook Illinois, or other public safety answering points as
designated by a Participating Member. In the event the number of subscribers served by the Division 3 -
RAN increases above 800, then additional head end equipment will be purchased and located in the most
advantageous and available location in a secure facility with 24 -hour staffing.
7. Shared Costs. Each Participating Member shall share in the costs associated with the purchase
and maintenance of the head end equipment and. shall be based upon the number of subscribers served by
the Participating Member. Each Participating Member shall bear the costs of subscriber radio equipment
utilized in the Participating member's jurisdiction.
S. Waiver. The failure to strictly enforce this Agreement by a Participating Member against another
Participating Member on one or more occasions shall not be deemed a waiver of the right to strictly
enforce it on later occasions.
9. Term. This Agreement shall be valid and enforceable for a period of five years from the date this
Agreement is executed by the Participating Members. The Agreement, and participation in the Division 3
- RAN, shall be automatically renewed for an additional one year term upon the conclusion of the initial
five year term, and thereafter, this Agreement shall automatically renew for additional one year terms. A
Pace 2 of 4
Participating Member shall be bound by the conditions and provisions of this Agreement for each
additional term, unless a Participating Member notifies all other Participating Members in writing that it
has decided to not renew its participation in the Division 3 - RAN. The written notice of the decision to
not renew participation must be delivered to the other Participating Members at least 180 days prior to
the end of the respective term in order to be effective.
10. Non - renewal. In the event a Participating Member decides to not renew its participation in
Division 3 - RAN, or otherwise terminates its participation, that Participating Member shall: (i) not be
entitled to a reimbursement of any of its contribution for head end equipment and subscriber radio
equipment; and (ii) remain liable for its unpaid contribution for head end equipment and subscriber
radio equipment ordered prior to the Participating Member providing written notice of a decision to not
renew its participation in Division 3 - RAN, or otherwise terminating its participation, and shall make
the applicable contribution(s) for the costs of said head end and subscriber radio equipment on the
schedule previously determined by the Lead. Agency.
11. Owncrship. The equipment which is part of the Division 3 - RAN shall have ownership as
follows: (i) Head end equipment is jointly owned by the active Division 3 - RAN membership. Should
Division 3 - RAN dissolve, all Participating Members shall have a proportionate share of the value of the
head end equipment as determined by the Technical Group. (ii) Subscriber radio equipment shall be
owned by the Participating Member, Should Division 3 - RAN dissolve, or a Participating Member not
renew or otherwise terminate its participation, then the respective Participating Member will continue
to own the subscriber radio equipment and remains liable for any unpaid debt associated with the
equipment.
12. Counterparts, This Agreement and any amendments hereto, may be executed in any number of
counterparts with the same effect as if all signatures were upon the same document.
13. Indemnification. Each Participating Member hereby indemnifies and holds all other Participating
Members harmless for damages, liabilities, obligations, lawsuits, claims, injuries, or expenses and costs of
any kind incurred by the other Participating Members arising out of, or in connection with, the conduct
and actions of the Participating Member's employees and the condition of the Participating Member's
equipment.
14. Insurance. A Host Agency shall have and keep in place all risk insurance appropriate to cover the
replacement head end equipment and other material, equipment or supplies related to Division 3 - RAN,
which is stored or housed at the Host Agency's facilities.
15. Authorized Officer. The corporate authorities of each Participating Member shall approve this
Agreement and any material amendment hereto. The person executing this Agreement on behalf of the
respective Participating Member is fully authorized to execute this Agreement on behalf of the
Participating Member.
16. New Participating Members. Additional municipal corporations may join and become part the
Division 3 - RAN by agreeing to the terms of this Agreement. A municipal corporation desiring to
become a Participating Member can only become a party to this Agreement by an amendment to this
Agreement, if all Participating Members agree to allow that municipal corporation to join and become
part of the Division 3 - RAN. The Technical Work Group will determine the appropriate initial
contribution, based upon the condition and status of the existing head end equipment and needs of the
new municipal corporation that must be made in order to become a Participating Member,
17. Amendments. This Agreement can only be amended or modified by a written instrument properly
executed by all Participating Members.
Page 3 of 4
In witness whereof, the parties have caused this Agreement to be executed by its duly authorized
representative who has signed this Agreement as of the date set forth below indicating the parties'
intention to be bound by this Agreement.
ALL PARTIES WILL EXECUTE THE SAME AGREEMENT IN THE FOLLOWING MANNER:
VILLAGE OF SKOKIE VILLAGE OF LINCOLNWOOD
By By
Its Its
Attest: Attest:
By By
Its Its
Dated: Dated:
VILLAGE OF MORTON GROVE VILLAGE OF NILES
By By
Its Its
Attest: Attest:
By By
Its Its
Dated: Dated:
VILLAGE OF WILMETTE NORTH MAINE FIRE PROTECTION
DISTRICT
By By
Its Its
Attest: Attest:
By By—
Its Its
Dated: Dated:
PROSPECT HEIGHTS FIRE PROTECTION DISTRICT
By — Its
Attest:
By --
Its
Dated:
Page 4 of 4
.Lems( ative Summary
AMENDING TITLE 5, CHAPTER 1, OF THE VILLAGE OF MORTON GROVE MUNICIPAL CODE
ENTITLED "TRAFFIC ADMINISTRATION AND ENFORCEMENT"
Introduced
Objective
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
Second Reading:
Special Considerations or
Requirements:
Administrator Approval
Prepared by:
September 14, 2009
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.
To update the Village's regulations in order to clarify current procedures for ordering the
immobilization of vehicles, and administrative towing and impoundment.
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.
Police Department and Legal Department
The fiscal impact could vary depending on the amount of vehicles that are ultimately
impounded, towed, and immobilized, and ultimately prosecuted.
Not applicable.
Impact for the administration and enforcement of this ordinance will be handled by tile
Police Department and Legal Department during their normal course of duties.
Approval as presented.
Required — code amendment
None
de,
f� VW�.
o Village Administrator
Corporation Counsel
Reviewed by:v
<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 goverrnnent 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 I 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 1 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 WHEREAS clauses
into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth.
SECTION 2: Title 5, Chapter I of the Municipal Code of the Village of Morton Grove entitled
Traffic Administration and Enforcement is hereby amended to now read as follows:
CHAPTER I
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 -5: Fine
5 -1 -1: 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 lines 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 Every motor vehicle designed and used primarily as a farm implement for
drawing plows, mowing machines, and other implements of husbandry.
FLAMMABLE LIQUID 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.
HOLIDAY 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 Thanksgiving.
IMPROVED HIGHWAY 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.
government.
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 exclusive use 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.
PROPERTY 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 a 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.
TRUCK 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' AUTHORITY 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, or 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 lacy, 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.
B. Tickets: For offenses other than driving while intoxicated or reckless driving, police officers, after
making note of the license number of the vehicle (and 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 Immobilization, Towing and Impoundment:
The Chief of Police is hereby authorized to direct and supervise a program of vehicle
immobilization as provided for in this subsection. This program of vehicle immobilization
shall provide for immobilizing of certain vehicles by placement of a restraint in such a
manner 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 authorized to
declare said vehicle an "unlawful vehicle" as defined in Section 5 -7 -1 of this Code and said
vehicle may be towed immediately 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 five (5) 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 5 -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 or his designee and submitting evidence which in the opinion of the Chief of
Police or his designee conclusively proves the impending immobilization and /or
towing is not valid because:
(i) The owner of the vehicle to be immobilized was not the owner of record when
the violations listed in the notice were issued; or
(ii) The owner had not accumulated five (5) 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 or his designee 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 shall determine whether the
immobilization and/or towing is valid. If he /she determines immobilization and/or
towing 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 or his designee 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 wam 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 -1 (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 the vehicle immobilization administrative fee 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 D2(a) above, and any other fines incurred after the notice was mailed,
paying the towing company responsible for the placement and /or removal of the
innnobilization device and any towing and storage fees; or
(ii) Request a hearing by completing a request form within twenty -four (24) hours
supplied by the Chief of Police and posting a bond in the amount equal to the total
amount owed as set forth in the notice described in subsection D2(a) above, any
other fines incurred after the notice was mailed, the vehicle immobilization
administrative fee as set forth in Title 1 Chapter 4 of this Code, any fee due to the
company responsible for the placement and /or removal of the immobilization
device and any towing and storage fees.
a. If a hearing is requested pursuant to subsection D4(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. hi event of such failure, any amount deposited pursuant to subsection D4
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 not 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, the
administrative fee as set forth in Title I Chapter 4 of this Code, the immobilization
fee due to the company responsible for the placement and/or removal of the
immobilization device, the payment of all towing and storage fees, and such other
fines or obligations owed to the Village and incurred after the notice was mailed if
any.
6. If the immobilization device has not been released within seventy -two (72) hours of its
placement, the vehicle may 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
not be released to the owner until the total amount owed as set forth in the notice described
in subsection D2(a) above, the vehicle immobilization administrative fee as set forth in
Title 1 Chapter 4 of this Code, any 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.
E. Administrative Towing and Impoundment:
A motor vehicle, operated with the permission, express or implied, of the owner of said
vehicle used in connection with any felony or misdemeanor including but not limited to 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 1, Chapter 4 of this Code, in addition to any fines or penalties
assessed against the owner or operator of the vehicle, and any towing and 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 or a failure to renew an otherwise valid
license or permit within one (1) year after the renewal date.
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 55012 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 5/11 -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, Chapter 3 of this Code or a similar state
or local ordinance.
h. Disorderly conduct, including the commission of any act in such unreasonable
manner 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, soliciting for a prostitute, solicitation of a sexual act, or patronizing
prostitution as provided in the criminal code of 1961, 720 Illinois Compiled
Statutes 5/11 -14, 5/11 -14.1, 5111 -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 -602 of the IIlinois_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.
o. 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.
P. Driving without a valid license issued in this, or any other state
2. Whenever a police officer has probable cause to believe a vehicle is subject to seizure and
impoundment pursuant to subsection F I of this section, the police officer shall provide for
the towing of the vehicle to a facility authorized by the Chief 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 v<niting the 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 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 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
(2) business 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 impoundment and towing was not valid.
4. Within two (2) business days 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 hearing, 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
Village for an 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 F1, 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 judgment 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,
whenever a person with a lien of record against an impounded vehicle has commenced
foreclosure proceedings, possession of the vehicle shall be given to that person if he or she
agrees in writing to refund to the Village the amount of the net proceeds of any foreclosure
sale, less any amounts required to pay all lien holders of record, not to exceed the
administrative penalty, plus the applicable fees.
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 shall not 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.
5 -1 -4: 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)
5 -1 -5: 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 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 12`x' day of October 2009.
Trustee
DiMaria
Trustee
Gomberg
Trustee
Grear
Trustee
Marcus
Trustee
Thill
Trustee
Toth
APPROVED BY ME THIS 12`" day of October 2009
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILES in my office
This 13`x' day of October 2009.
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
LeLvislatiye Summary
_ ORDINANCE 09 -18
-- AMENDING TITLE 5, CHAPTER 4, SECTION 16, 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 part 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 5250.
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 /p!%,�i✓� _ _
Jo Wade, Village Administrator eph
Prepared by: l o f - - --
Peter P Falcone, Administrative intern
Reviewed by:
Mark Prickson.�Police Chief
Reviewed by: _
Teresa
Corporation Counsel
ORDINANCE 09 ®1.8
AMENDING 'TITLE 5, 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 govermnent 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 healthy 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, tmtil the tracks are clear, he or she can do so safely, and where applicable,
after the wanting 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 I
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 12`h day of October 2009.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
DiMaria
Gomberg
Grear
Marcus
Thill
Toth
APPROVED BY ME THIS 12`x' day of October 2009.
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILES in my office
This 13t" day of October 2009.
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
ANCE 09 -21
AMENDING TITLE 5, CHAPTER 8, SECTION 7 ENTITLED "LOAD RESTRICTION WEIGHT
LIiTMITS ", 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
Introduced I September 14, 2009
Objective
Purpose
Background:
Programs, Departments
or Groups Affected
Fiscal Impact
Source of Funds:
Workload Impact:
Administrator
Recommendation:
Second Reading:
Special Considerations or
Requirements:
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.
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 streets.
The Village, as part of its regular review of its Municipal Code has reviewed title 5 -8 -7
and 5- 13H -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 streets within the Village no longer should be designated as "truck
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 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.
The designation of other streets no longer being used as part of a truck route network is
also clarified.
Community and Economic Development and Police Departments
Not applicable
Not applicable.
Impact for the administration and enforcement of this ordinance will be handled by the
Police Department during their nonnal course of duties.
Approval as presented.
Required — code amendment
None
Administrator Approval____ . fL��
Joseph Wa- e, Village Adminisator
Prepared by _ _ >.�:� % A /,d � _ Reviewed by: _
Bill Neu endor , Community�and Ecgr of mi evelopment Director Teresa
r
in, Corporation Counsel
ORDINANCE 09 -21
AMENDING TITLE 5, CHAPTER 8, SECTION 7 ENTITLED "LOAD RESTRICTION
WEIGHT LIMITSY q 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 County, Illinois, is a
home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of
Illinois, can exercise any power and perform any function pertaining to its government affairs,
including but not limited to the power to tax and incur debt; and
WHEREAS, the Village has apolicy of regularly reviewing and revising its Municipal Codes,
as necessary, to insure the provisions of the code remain compliant with contemporary statutes and
relevant to1he 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 bucks; 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 -tenn
Framework Plan to guide the future redeveiopment 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/Fenis District will be hampered by the passage of heavy vehicles through the neighborhood;
and
WHEREAS, the
than local streets; and
WHEREAS, the
(KLOA) has studied the
portions of several local
WHEREAS, sta .
the following streets:
preferred route for heavy vehicle though- traffic is on arterial roadways rather
transportation plam�ing firm of Kenig, Lindgren, O'Hara, Aboona, Inc.
strategic routing of heavy vehicles in Morton Grove and recommended
streets be removed from the List of designated truck routes; and
T and KLOA have recommended heavy vehicle traffic shall be prohibited on
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
clauses into this Ordinance as though fully set forth
set forth.
SECTION 2: Title 5, Chapter 8, Section 7 c
Grove entitled "Loads Restricted, WeightLiMi&' is
hereby incorporate the foregoing WHEREAS
therein thereby making the findings as hereinabove
f the Municipal Code of the Village of Morton
hereby amended to read as follows:
5 -8 -?: LOADS RESTRICTED, WEIGHT LIMITS:
A. Proj ecting Load Provisions:
1, The maximunl width and height of any vehicle and its Ioad shall not exceed the limits
expressed in the state traffic law.1
i 625 ILCS 5115 -105.
2; No passenger type vehicic 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 fender, on the right side thereof.
3. 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 font 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 5-13H-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 Cr
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.
3. 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)
5- 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 often 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. '_AdoptiorrofIllinois 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 dais 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 Limits" 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 wester tenninus
Menard Avenue Dempster Street and Carol Avenue
Merrimac Avenue Kirk 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
Riven Drive Oakton Street and Lehigh Avenue
Washington Street Golf Road and Foster Avenue
B. Weights up to forty (40) tons:
Street Between
Harlem Avenue Dempster Street and Golf Road
(Ord. 93 -50, 12 -13 -1993; the 98-77 2- 23 -98)
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 12 °i day of October 2009.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
DiMaria
Gomberg
Grear
Marcus
Thill
Toth
APPROVED BY ME THIS 12`i' day of October 2009.
ATTESTED and FILES in my office
This 13`s day of October 2009.
"Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
M: VegislativeAordinanees\2009AT[F truck roules.doe
Legislative Summary
ORDINANCE 09 -25
AN ORDINANCE TO AMEND TITLE 5, CHAPTER 13, ARTICLE M, SECTION 1 ENTITLED "PARKING
ZONES FOR BUSES" OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE
Introduced
Objective
Purpose
Background
Programs, Departments
or Groups Affected
Fiscal Impact
Source of Funds
Workload Impact
Admin Recommend
First Reading
Special Considerations or
I2 t
October 12, 2009
To amend Title 5, Chapter 13, Article M, Section I entitled "Parking Zones for Buses" of
the Village Municipal Code.
To adjust parking restriction times in order to provide unobstructed on- street parking access
to a school bus loading/unloading disabled students at Edison School.
Ordinance 92 -41 established a parking zone for buses on the west side of Gross Point Road
near the main entrance of Edison School restricting parking to certain hours of the day. The
parking zone provides exclusive access to a school bus loading and unloading disabled
students onto the sidewalk. The restricted hours are on school days from 8:00 am to 9:00
am and from 3:00 pin to 4:00 pm.
The posted hours of restriction do not conform to the current dismissal time of Edison
School. Because the restricted parking hours do not coincide with the school dismissal time
of 2:55 pm, people picking up students from Edison School regularly park in the school bus
parking zone or may otherwise hinder access to the parking zone. Unhindered access is
necessary for the school bus loading disabled students. The Edison School principal
requested a review of this issue by the Traffic Safety Commission. The Traffic Safety
Commission at its October 2, 2009, meeting recommended amending the Municipal Code to
include parking restrictions from 8:00 am to 9:00 am and from 2:30 pm to 3:30 pm on
school days within the school bus parking zone. School District 469 is satisfied with the
recommended parking restrictions and no residents have opposed the change in parking
restrictions.
Public Works, Engineering Division
The estimated cost for the new sign is approximately $50.
General Fund - Account No.: 025 01 7 - 563 130.
The Public Works Department as part of their normal work activities, will install the sign
panels.
Approval as presented.
October 12, 2009, Municipal Code Book change
N/A
egmtemen s
Respectfully submitted: Q�
loseph F. Ide, Village Administrator
Prepared by: "-- L
Chris Tomich, Village Engineer
Reviewed by:
Reviewed by:
Director Public Works
Liston, Corporation Counsel
ORDINANCE 09 -25
AN ORDINANCE TO AMEND TITLE 5, CHAPTER 13, ARTICLE M,
SECTION I ENTITLED "PARKING ZONES FOR BUSES" OF THE
MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of
Illinois, can exercise any power and perform any function pertaining to its government affairs,
including but not limited to the power to tax and incur debt; and
WHEREAS, the Village established the Traffic Safety Commission to receive, review, and
present recommendations to the Village President and Board of Trustees regarding requests or
inquiries on matters involving traffic safety, including requests for installation of traffic control
devices; and
WHEREAS, the Traffic Safety Commission received a request to change parking restrictions
on the west side of Gross Point Road near the main entrance of Thomas A. Edison School to conform
to their school dismissal time and provide unhindered access to a school bus loading zone for disabled
students; and
WHEREAS, the Traffic Safety Commission, at its regularly scheduled meeting held at 7:30 pin
on October 2, 2009, at the Richard T. Flickinger Municipal Center, considered the above referenced
request; and
WHEREAS, notifications of the meetings were sent to residents in the area; and
WHEREAS, Municipal Code Title 5, Chapter 13, Article M. Section 1 entitled "Parking Zones
for Buses" currently includes parking restrictions on the west side of Gross Point Road between points
30 feet and 140 feet north of the centerline of Cleveland Street, from 8:00 am to 9:00 am and from
3:00 pm to 4:00 pm; and
WHEREAS, the Traffic Safety Commission recommends the Village restrict the parking on the
west side of Gross Point Road between points 30 feet and 140 feet north of the centerline of Cleveland
Street, from 8:00 am to 9:00 am and from 2:30 pm to 3:30 pm; and
WHEREAS, the Village Board of Trustees believe the best interest of the Village of Morton
Grove will be served by amending the Municipal Code Title 5, Chapter 13, Article M, Section 1
entitled "Parking Zones for Buses" as set forth herein to adjust parking restriction times in order to
provide unobstructed on- street parking access to a school bus loading /unloading disabled students at
Edison School.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove
set forth.
SECTION 2: Title 5, Chapter 13, Article M, Section 1 is hereby amended to read as follows:
5- 13M -1: PARKING ZONES FOR BUSES: There shall be special parking zones for buses at
the times indicated on any of the following streets. The Director of Public Works
and /or his designee shall place "No Parking - Bus Zone" signs in or at suitable places within the special
bus parking zone as herein established:
STREET BETWEEN SIDE OF STREET DATE AND TIME
Gross Point Road The centerline of Cleveland West Daily 8:00 am to
projected west and a point 9:00 am and
120 feet north of the center 2:30 pun to 3:30 pm
Line of Cleveland extended.
SECTION 3: The Director of Public Works is hereby authorized and directed to remove any
conflicting signs and erect such signs as detailed in this Ordinance.
SECTION 4: 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 5: 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 shah 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 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 12`" day of OCTOBER 2009
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
DiMaria
Gomberg
Grear
Marcus
Thill
Toth
APPROVED BY ME THIS 12" DAY OF OCTOBER 2009
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 13'h day of OCTOBER 2009
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Legislative Summary
Resolution 09 -56
AUTHORIZING THE EXECUTION OF A CONTRACT WITH
SCHROEDER ASPHALT SERVICES, INC. FOR THE 2009 STREET PATCHING PROGRAM
Introduced:
Synopsis:
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
First Reading:
Special Considerations or
Requirements:
October 12, 2009
To authorize the Village President to execute a contract with Schroeder Asphalt
Services, Inc. for the 2009 Street Patching Program.
The 2009 Street Patching Program is necessary to maintain the quality, drainage,
and drivability of the streets in the Village. The current program includes
constructing isolated asphalt surface patches on: Church St. from Washington to
Merrill; Maple St. from Church to Ozark; Merrill St. from Lake to Arcadia; Merrill
St. from Beckwith to Foster; Michael Ct. from Beckwith to Wilson; and Wilson Ter.
from Washington to Merrill.
This contract was bid through a public process in which the contract was advertised
and sealed bids were received. Eight bid packages were purchased and five bids
were submitted (bid tabulation attached). Schroeder Asphalt Services, Inc. of
Marengo, Illinois was determined to be the lowest responsible bidder. Schroeder's
qualifications and availability were verified and the proposal price is within the
budget amount. Village staff recommends the bid of Schroeder Asphalt Services,
Inc. in the amount of $59,000.00 be accepted.
Public Works, Engineering Division
The
estimated contract value
is $59,000.00. Since this is
a unit price contract, the
final
contract amount will be
based on the actual quantity
of work performed.
Motor Fuel Tax Fund — Account No. 035060 - 552290 and Capital Project Fund —
Account No. 305060 - 553300.
The Public Works Department, Engineering Division, as part of their normal work
activities, performs the management and implementation of this program.
Approval as presented.
N/A
None
Respectfully submitted: ' Reviewed by: _
losep ttI . Wa e, Village Administrator Teresa Hoffman
1
Prepared by: '`°--' ' Reviewed by:
Chris Tomich, Village Engineer
DeMonte,
Counsel
of Public Works
RESOLUTION 09 -56
AUTHORIZATION TO EXECUTE A CONTRACT WITH
SCHROEDER ASPHALT SERVICES, INC. FOR THE
2009 STREET PATCHING PROGRAM
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois,
can exercise any power and perform any function pertaining to its government affairs, including but not
limited to the power to tax and incur debt; and
WHEREAS, the 2009 Street Patching Program is necessary in order to maintain the Village's
infrastructure; and
streets:
WHEREAS, the 2009 Street Patching Program includes various locations on the following
Street
CHURCH STREET
MAPLE STREET
MERRILL STREET
MERRILL STREET
MICHAEL COURT
WILSON TERRACE
Between
WASHINGTON TO MERRILL
CHURCH TO OZARK
LAKE TO ARCADIA
BECKWITH TO FOSTER
BECKWITH TO WILSON
WASHINGTON TO MERRILL
and
WHEREAS, the Public Works Department advertised in the August 20, 2009, issue of the
Pioneer Press Newspaper and Illinois Department of Transportation Notice To Contractors Bulletin #09-
35 and Bulletin 4'09 -36 inviting bids on the "2009 Street Patching Program'; and
WHEREAS, the notice for this contract was published for 16 business days prior to the date set
for the receipt of bids; and
WHEREAS, Municipal Code Title 1, Chapter 9, Article A, Section 1, Subsection D requires a
notice for this contract to be published at least 14 business days prior to the date set for the receipt of
bids; and
WHEREAS, eight bid packages were purchased; and
WHEREAS, five bids were received, publicly opened and read at the Public Works Facility at
10:00 a.m. on Friday, September 11, 2009, with the bid results as follows:
Contractor Total
Schroeder Asphalt Services, Inc. $59,000.00
Chicagoland Paving Construction, Inc. $59,900.00
J.A. Johnson Paving Co. $60,900.00
A Lamp Concrete Contractors $88,600.00
Meridian Construction Company, Inc. $96,040.00
and
WHEREAS, the low bidder is Schroeder Asphalt Services, Inc. of Marengo, Illinois; and
WHEREAS, the qualifications and availability of the low bidder have been verified; and
WHEREAS, the low bid is $59,000.00 and within the available funding for the project; and
WHEREAS, the Motor Fuel Tax Fund (Account Number 035060 - 552290) in the Village of
Morton Grove 2009 Budget includes $37,000, of which $13,251 is unobligated; and
WHEREAS, the Capital Projects Fund (Account Number 305060 - 553300) in the Village of
Morton Grove 2009 Budget includes $766,51.2, of which $100,000 is unobligated and can provide the
balance of the contract amount.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1. The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove
set forth.
SECTION 2. The Corporate Authorities accept the bid of Schroeder Asphalt Services, Inc. in the
amount of $59,000.00.
SECTION 3. The Village President of the Village of Morton Grove is hereby authorized to
execute and the Village Clerk to attest a contract with Schroeder Asphalt Services, Inc., based upon their
bid for the 2009 Street Patching Program in the amount of $59,000.00.
SECTION 4. The Village Administrator, Director of Public Works and Village Engineer and/or
their designees are hereby authorized to take all steps necessary to oversee, implement this contract.
SECTION 5. That this Resolution shall be in full force and effect upon its passage and approval.
PASSED THIS 12`x' DAY OF OCTOBER 2009
Trustee DiMaria
Trustee Gomberg
Trustee Grear
Trustee Marcus
Trustee Thill
Trustee Toth
APPROVED BY ME THIS 13`" DAY OF OCTOBER 2009
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 13" DAY OF October 2009
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
AN ORDINANCE GRANTING AN AMENDMENT TO THE SPECIAL USE IN THE VILLAGE OF
MORTON GROVE FOR THE PROPERTY LOCATED AT 8340 CONCORD DRIVE,
TO CONSTRUCT 33 TOWN HOMES IN LIEU OF A 75 UNIT CONDOMINIUM BUILDING
Introduced:
October 12, 2009
Synopsis:
This ordinance will approve the development of 33 town homes in six buildings.
Purpose:
Approval of a Planned Unit Development in the CR Commercial /Residential Zoning District.
Background:
Previously the Village Board granted a special use permit to the property pursuant to Ordinance
04 -26 for the construction of 113 townhomes and 156 condominium units in two seven story
buildings. The special use permit was amended pursuant to Ordinance 05 -19 to reduce the height
by one story and unit count by six in the two condominium buildings. This site is the former
Schwartz Paper Warehouse property. The owner of the property, Neri Companies wishes to build
33 town homes in lieu of the second condominium building. The multi -use buildings will
encompass six buildings and is a better project than the original condominium building originally
proposed. This PUD includes seventeen more parking spaces, a green outdoor seating area, and
plantings similar to the existing condominium buildings. A condition has also been added to
provide denser landscaping between the Woodlands and the proposed development since there is
some concern about the elevation differential. The Plan Commission considered this matter at a
public hearing on September 21, 2009, and by a vote of seven to zero, voted to recommend the
approval of the special use subject to certain conditions. Village staff has incorporated the Plan
Commission's conditions within this ordinance including the additional landscaping on the west
side of the project. Concerns about storm water detention have also been addressed by the
installation of an oversized underground pipe.
Programs, Depts
Building and Inspectional Services Village Engineer, and Fire Department
or Groups Affected
Fiscal Impact:
If approved, this development will initially result in substantial revenue in the form of building
permits, and transfer stamps, and subsequently will produce increased property taxes.
Source of Funds:
N/A
Workload Impact:
The special use application was processed by Village Staff as part of its normal operations. The
permitting and construction will be overseen by the Building Commissioner, Code Enforcement
Officers, and Village Engineer as part of their normal operations.
Admin Recommend
Approval as presented.
First Reading:
Required
Special Consider or
None.
Requirements:
Village Administrator
Prepared by: ,S ( ? _ `I 0 �W. Reviewed by:
Teresa H io affx n1 Eton, Uorporafion Counsel Ed Hildebrandt, Building Commissioner
�I
AN ORDINANCE GRANTING AN AMENDMENT TO THE SPECIAL USE IN THE
VILLAGE OF MORTON GROVE FOR THE PROPERTY LOCATED AT
8340 CONCORD DRIVE, TO CONSTRUCT 33 TOWN HOMES IN LIEU OF A
75 UNIT CONDOMINIUM BUILDING
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, Neri Companies, 145 S. Northwest Highway, Park Ridge, Illinois 60068,
has made a proper application to the Plan Commission in the Village of Morton Grove under
Case No. PC 09 -01, requesting approval of an amendment to the special use permit previously
granted for a Planned Unit Development ( "PUD ") for the property formerly known as 6245
Lincoln Avenue which now includes the property commonly known as 8340 Concord Drive
( "the property ") for the development and construction of thirty -three (33) town homes in lieu of
a 75 unit condominium building previously approved; and
WHEREAS, the property is zoned as a CR commercial /residential district pursuant to the
provisions of the Village of Morton Grove Municipal Code; and
WHEREAS, pursuant to the applicable provisions of the Village of Morton Grove
Unif ed Development Code upon public notice duly published in The Morton Grove Champion
newspaper, a newspaper of general circulation in the Village of Morton Grove, which
publication took place on September 3, 2009, and pursuant to the posting of a sign on the subject
property and upon written notification sent to property owners within 250 feet of the subject
property, the Morton Grove Plan Commission held a public hearing relative to the above
referenced case on September 21, 2009, at which time all concerned parties were given the
opportunity to be present and express their views for the consideration of the Plan Commission,
and as a result of said hearing, the Plan Commission made certain recommendations and
conditions through a report dated October 12, 2009, a copy of which is attached hereto and made
a part hereof and marked as Exhibit "A"; and
WHEREAS, the property was previously granted a special use permit for a Planned Unit
Development pursuant to Ordinance 04 -26 which was approved by the Corporate Authorities on
or about August 9, 2004, and as amended pursuant to Ordinance 05 -19 approved by the
Corporate Authorities on or about April 11, 2005.
WHEREAS, the Corporate Authorities have considered this matter at a public meeting
and find pursuant to the relevant provisions of the Village of Morton Grove Unified Development
Code, the proposed Special Use is so designed, located, and proposed to be operated in the
public health, safety and welfare of the Village and will be protected and not cause substantial
injury to the value of other properties in the surrounding neighborhood in which it is located; and
WHEREAS, pursuant to the applicable provisions of the Village of Morton Grove
Unified Development Code, the Corporate Authorities have determined the special use shall be
subject to the conditions and restrictions as set forth in this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing
WHEREAS clauses into this Ordinance, as though fully set forth herein, thereby making the
findings as hereinabove set forth.
SECTION 2: The property located at 8340 Concord Drive is hereby granted an
amendment to the special use permit previously granted to it pursuant to Ordinance 04 -26 and as
amended pursuant to Ordinance 05 -19 for a Planned Unit Development specifically for the
development and construction of thirty -three (33) town homes in six buildings in lieu of the
seventy -five (75) unit condominium building previously approved subject to the following
conditions and restrictions which shall be binding on the Owners, Lessees, Occupants and Users
of this property, their successors and assigns, for the duration of the Special Use Permit:
1. The property be developed in accordance with the site plan dated September 2, 2009;
2. The property be developed according to the floor plan and elevations dated September 2,
2009, subject to final review and approval by the Appearance Commission;
3. The landscape plan and the engineering plan be revised to be consistent with one another and
the landscape plan be subject to review and approval by the Appearance Commission;
4. The engineering plans be revised to address the concerns of the Village Engineer including,
but not limited to: Proper grading to maintain adequate drainage; sufficient sanitary sewer
grades to meet the Metropolitan Water Reclamation District slope requirements; and proper
sanitary sewer placement. Such plans shall be reviewed and approved by the Village
Engineer, prior to obtaining a building permit;
5. A variation be granted from the minimum one -foot candle lighting requirement for the
driveways, but that all intersecting driveways and parking areas be lit subject to review and
approval by the Village Engineer;
6. Low intensity security lighting be provided in the park area, subject to review and approval
of the Police Department;
7. All driveway widths be a minimum of twenty -four (24) feet clear width;
8. All corrections to existing driveways be made to meet the code requirement of twenty -four
feet, per review and approval of the Village Engineer and Fire Department;
9. All necessary homeowner's declarations be prepared and amended to include but not limited
to: Maintenance and cost sharing of detention pond; shared obligations between the proposed
development and the adjacent condominium building; and maintenance of proposed park
area; and approved by pertinent Village staff prior to obtaining a building permit;
10. All snow be stored on -site or hauled off -site if necessary, but not stored in any drive aisles,
parking spaces, or on adjacent developments;
11. The access easement between the subject development and the adjacent development be
abrogated and recorded, and a copy of the recorded abrogation document be provided to the
Village prior to obtaining a building permit;
12. All designated fire lanes be marked appropriately per review and approval of the Fire
Department, and that no parking be permitted in fire lanes;
13. All other applicable provisions of Ordinance 04 -26 and 05 -19 be met;
14. All other Village Codes and Ordinances be met; and
15. An appropriate continuous dense landscape line be placed on the western property border to
separate the proposed development from the adjacent development.
SECTION 3: A variance is hereby granted pursuant to 12 -4 -313.5 from the minimum one
foot candle lighting requirement for driveways, but with the condition all intersecting driveways
and parking areas be lit subject to review and approval by the Village Engineer.
SECTION 4: This special use permit as amended is granted for so long as the occupants
and users of this property utilize the area for the purposes designated herein.
SECTION 5: The Village Clerk is hereby authorized and directed to amend all pertinent
records of the Village of Morton Grove to show and designate the special use as amended
hereunder.
SECTION 6: The Applicant /Owner shall comply with all applicable requirements of the
Village of Morton Grove Ordinances and Codes.
SECTION 7: The provisions of Section 12- 16 -4 -C7 of the Village of Morton Grove Unified
Development Code are applicable to any violations of any condition of this special use permit or of
this Ordinance, in addition to any other available remedy, including revocation of the special use
permit as allowed by law.
SECTION 8: This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form according to law, provided the conditions of the
Special Use as set forth in SECTION 2 of this Ordinance have been approved in writing by an
authorized representative of the applicant and all owners of record of the properties.
PASSED this 12`x' day of October 2009
Trustee DiMaria
Trustee Gomberg
Trustee Grear
Trustee Marcus
Trustee Thill
Trustee Toth
APPROVED by me this 12`" day of October 2009.
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office this
13t" day of October 2009.
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
October 12, 2009
ATTACHMENT "A"
Planning Commission
Zoning ! y. A. : i of Aq)geals
Village President
Members of the Village Board
6101 Capulina Avenue
Morton Grove, Illinois 60053
Dear President Staackmann and Members of the Village Board:
On September 21, 2009, a public hearing was conducted by the Morton Grove Plan Commission, after
being published in The Champion newspaper on September 3, 2009, a sign posted on the property, and
written notification sent to property owners within 250 feet of the subject property as required by
ordinance, regarding:
Plan Commission Case PC09 -01, wherein the applicant, Neri Companies, 145 S. Northwest Highway,
Park Ridge, Illinois 60068, requested a Special Use Permit for an amendment to a Planned Unit
Development at 8340 Concord Drive, to construct thirty -three (33) townhomes in lieu of a seventy -five
(75) unit condominium building.
Ms. Bonnie Jacobson, Planner, introduced the case for the Village. She indicated that the original plan
submitted raised several concerns by staff. However, after working with the applicant, the applicant
revised their plans to address staff concerns. There were still some minor concerns regarding some of the
civil engineering issues, lighting, revised homeowner declaration, and the abrogation of an easement that
needed to be addressed. Yet, staff felt confident these issues could be addressed as conditions of the
Special Use and prior to obtaining a building permit. Ms. Jacobson also noted that members of the
Homeowner's Association at the adjacent Woodlands development had approached her requesting a
fence.
Mr. Bernard Citron of Schain 'Burney, Ross and Citron, attorney, and Mr. Michi Mho of the Neri
Companies, architect, represented the applicant. Mr. Marek Krzyzanowski of Double M Engineering,
civil engineer, and Mr. Luay Aboona of KLOA, Inc., traffic engineer, was available for questions.
Mr. Citron began the presentation by indicating the proposed project met the standards for a special use
and a planned development. He noted that this is a better project than the originally proposed project, in
that it is half of the density, half of the traffic volume, and half of the height. Ile assured the commission
that there would be no drainage impact, and any additional storm water detention required would be
handled in oversized pipe underground. Mr. Citron indicated that the applicant would comply with all
staff conditions as presented.
Mr. Michi Mho, architect, reviewed the history of the project and explained the nature of the surrounding
properties and the context in which the proposed project will be built. He noted that the original plan
showed a six story condominium building; the new plan shows thirty -three townhomes in six buildings.
The footprint of the townhomes is actually less than the footprint of the originally planned condominium
building. He explained that the new plan includes seventeen additional outdoor parking spaces, a green
space with an outdoor seating area, and plant species that will be the same as for the existing
Richard T. Flickinger Municipal Center
6101 C'apulina Avenue ^ Morton Grave, Illinois 6005.1-2985 a.-
'Fel: (847) 965 -4100 Fax: (1;47) 965-4162 f=
condominium building. The massing of the buildings is similar to the townhomes designed by Lennar,
across the street, and the materials will be the same as from the adjacent condominium building. The
architectural design extends to all four elevations.
Plan Commissioners questioned the applicant regarding available on- street parking, traffic volumes,
structure of the homeowner's association, emergency access, and prices of the proposed townhomes. Mr.
Citron responded that they are unsure how the homeowner's association will be structured with the
adjacent condominium, but they will cover all joint maintenance issues and have the documents reviewed
by Village staff. He noted that on- street parking is available on the east side of Concord Drive, which
they share with the adjacent townhome development, but that is why they have provided the additional
outdoor parking areas. Mr. Luay Aboona responded to the traffic concerns by indicating that his firm had
done the study for the original planned development, and the roadway system was adequate for the
seventy-five unit building. The new development is half of that traffic so the traffic impact is even less
and the roadway system is more than adequate. Mr. Mho reviewed the price of the townhomes and
Captain Bill Porter of the Morton Grove Fire Department reviewed the plan regarding the emergency
access. He described how emergency vehicles would flow through the site. Captain Porter also noted
that the turning radii of the drives were designed to meet Skokie and Niles' larger trucks.
There were no interested parties who registered regarding this case, however, several concerned parties
spoke. One resident from the adjacent Woodlands development sent a letter, which was read into the
record, as he could not attend the hearing. In the letter, Mr. Steve Hasan indicated his desire for a fence
between the Woodlands and the proposed development.
This sentiment was reiterated by Harvey Silverman, President of the Woodlands Homeowner's
Association. Mr. Silverman, however, requested a barrier of some other type, such as rocks, boulders,
logs or landscaping. He claimed that there were people from the adjacent development parking cars on
their property, walking their dogs on their property and cutting through their property to get to the Metra
train.
Mr. Robert Goldman, from the Trafalgar Square Condominium, testified that there are also residents of
the Woodlands who walk their dogs on their property and did not feel a fence was necessary, especially
since there is a large grade change.
Mr. Citron responded that there was only one location on the site where the grades were similar, and
believed that the layout of the proposed development will deter any problems. Mr. Citron commented
that there is presently an open site; in the future there will be thirty -three townhomes with eyes on the
driveways and who is using them, and there will be landscape buffers between the developments.
Ms. Sharon Erickson raised concern over snow removal, and wanted more detail on how it will be
handled. As a member of the adjacent townhome association, she is concerned that the snow will be
dumped on their site. She said their association is working to develop a community plan regarding their
own snow removal.
Mr. Citron explained that it would be illegal to dump their snow on another's property and identified
places where the snow could go. He would hope that the association for the proposed townhomes would
be included in the community plan. Commissioner Blonz noted that compared to the originally proposed
building, there would not be much difference with regard to snow.
Mr. Citron concluded that he believed the proposed development met the standards for a special use and
PUD, and believed the proposed amendment would be developed and operated in a manner to achieve the
health, safety, and welfare of the Village.
Based on the above information and testimony, Commissioner Shimanski moved to approve, which
Commissioner Gattoma seconded to approve a Special Use Amendment for an amendment to the
existing Planned Unit Development to construct thirty -three townhomes in lieu of a seventy -five unit
condominium building at 8340 Concord Drive subject to the fourteen conditions proposed by staff in the
staff report dated 9/8/09 less condition number fifteen which requires a fence between the proposed
development and the Woodlands development. Commissioner Shimanski did not believe the fence was
warranted, nor did he believe it was the responsibility of the developer to provide it.
Commissioner Gabriel amended the motion, which Commissioner Dorgan seconded to add a condition
that would provide denser landscaping between the Woodlands and the proposed development. The
proposed conditions are as follows:
1. That the property be developed in accordance with the site plan dated 09/02/09;
2. That the property be developed according to the floor plan and elevations dated 09/02/09 subject to
final review and approval by the Appearance Commission;
3. That the landscape plan and the engineering plan be revised to be consistent with one another and the
landscape plan be subject to review and approval by the Appearance Commission;
4. That the engineering plans be revised to address the concerns of the Village Engineer including, but
not limited to: Proper grading to maintain adequate drainage; sufficient sanitary sewer grades to meet
the MWRD slope requirements; and proper sanitary sewer placement. Such plans shall be reviewed
and approved by the Village Engineer, prior to obtaining a building permit;
5. That a variation be granted from the minimum one -foot candle lighting requirement for the
driveways, but that all intersecting driveways and parking areas be lit subject to review and approval
by the Village Engineer;
6. That low intensity security lighting be provided in the park area, subject to review and approval of the
Police Department;
7. That all driveway widths be a minimum of twenty -four (24) feet clear width;
8. That all corrections to existing driveways be made to meet the code requirement of twenty -four feet,
per review and approval of the Village Engineer and Fire Department;
9. That all necessary homeowner's declarations be prepared and amended to include but not limited to:
Maintenance and cost sharing of detention pond; shared obligations between the proposed
development and the adjacent condominium building; and maintenance of proposed park area; and
approved by pertinent Village staff prior to obtaining a building permit;
10. That all snow be stored on -site or hauled off -site if necessary, but not stored in any drive aisles,
parking spaces, or on adjacent developments;
11. That the access easement between the subject development and the adjacent development be
abrogated and recorded, and a copy of the recorded abrogation document be provided to the Village
prior to obtaining a building permit;
12. That all designated fire lanes be marked appropriately per review and approval of the Fire
Department, and that no parking be permitted in fire lanes;
13. That all other applicable provisions of Ordinance 04 -26 and 05 -19 be met;
14. That all other Village Codes and Ordinances be met; and
15. That an appropriate continuous dense landscape line be placed on the western property border to
separate the proposed development from the adjacent development.
The amended motion passed: Yes — 7, No — 0, Absent — 0.
The Voting:
Chairman Farkas Yes
Commissioner Blonz Yes
Commissioner Dorgan Yes
Commissioner
Gabriel
Yes
Commissioner
Gattoma
No
Commissioner
Roepenack
Yes
Commissioner
Shimanski
Yes
The Findings of Fact for PC09 -01
is attached to this report.,
Resp wL f Vas t
ed,
a
Plan Commission Chairman
relative to the seven standards by which a Special Use is evaluated
Q: \Zoning \plan Comm cases \pc09 -01 report.doe
Findings of Fact
Listed below
are seven standards articulated in Section 12 -16-4C of the
Village
of Morton Grove
Unijiied
Development
Code upon which the Plan Commission based its decision.
of the public streets. The proposed use of the
subject site should
not draw substantial
1. Preservation of Health, Safety, Morals and Welfare — The establishment, maintenance and
operation of the Special Use will not be detrimental to or endanger the public health, safety,
morals or general welfare.
The Plan Commission concluded that the proposed PUD Amendment would not be detrimental to
or endanger the public health, safety, morals or general welfare of the Village. They actually
concluded that with a less dense project the general welfare will be enhanced.
2. Adjacent Properties — The Special Use should not be injurious to the use and enjoyment of
other property in the immediate vicinity for the uses permitted in the zoning district.
The Plan Commission concluded that the proposed development will not be injurious to the use
and enjoyment of surrounding properties. Although there were concerns raised about snow
removal, parking and the need for a fence along the adjacent development to the west, the Plan
Commission felt that the proposed special use conditions adequately addressed those concerns.
3. Orderly Development — The establishment of the Special Use will not impede normal and
orderly development or impede the utilization of surrounding property for uses permitted
in the zoning district.
The Plan Commission concluded that the proposed development does not impede the orderly
development of the Village. As presented by the applicant's attorney, the CR "Commercial
Residential" district was designed to provide a mix of commercial development and a residential
mix of condominiums and townhomes. The proposed development provides that mix. As the
architect testified, the proposed development is consistent with surrounding developments which
are a mix of condominiums and townhomes.
4. Adequate Facilities — Adequate utilities, access roads, drainage and other necessary
facilities are in existence or are being provided.
As the applicant's traffic engineer testified, the roads were designed for a higher density traffic
volume, so they are adequate for traffic. Captain Poster of the Morton Grove Fire Department
demonstrated that emergency access is adequate based on the proposed conditions and the
applicant's attorney, as confirmed by the civil engineer, indicated that the drainage is adequate,
and that the additional storm water drainage resulting from the proposed amendment will be
stored in oversized pipe. The applicant agreed to address all concerns regarding the sewers and
drainage raised by the Village Engineer. Thus, the standard of Adequate Facilities is met.
5. Traffic Control —
Adequate
measures
have been taken to provide ingress and egress
designed to minimize
traffic
congestion
of the public streets. The proposed use of the
subject site should
not draw substantial
amounts
of traffic on local residential streets.
Pursuant to the testimony provided at the hearing, adequate measures have been taken to provide
ingress and egress designed to minimize traffic congestion on the public streets. Off - street
outdoor parking was provided throughout the development, in addition to the garage parking to
further minimize congestion on the streets. Because the density of the development is about half
of what was originally proposed, the proposed use of the subject site will not draw substantial
amounts of traffic on local streets, and in fact lessens it, compared to what was originally
approved for the site.
6. Adequate Buffering — Adequate fencing and /or screening sliall be provided to ensure the
right of enjoyment of surrounding properties to provide for the public safety or to screen
parking areas and other visually incompatible uses.
There was concern raised at the hearing from adjacent residents indicating that the buffering
between their development and the proposed development was not sufficient. After hearing
testimony, the Plan Commission added a condition to the special use that a dense landscape
buffer along the west side of the development be provided to meet the standard of Adequate
Buffering. They did not believe a fence was necessary.
7. Conformance to Other Regulations — The Special Use shall, in all other respects, conform to
applicable provisions of this Ordinance or amendments thereto. Variation from provisions
of this Ordinance, as provided for in Section 12- 16 -3A1, may be considered by the Plan
Commission and the Village Board of Trustees as a apart of the special use permit.
The proposed development will conform to all Village codes and ordinances, as well as all
pertinent sections of the existing "Planned Development Ordinance" for the site. The applicant
will also be required to meet all fifteen conditions imposed by the Plan Commission upon which
the applicant's attorney agreed to full compliance.
Legislative Summary
Ordinance 09 -24
AMENDING TITLE 2, CHAPTERS 1 THROUGH 18 ENTITLED BOARDS AND COMMISSIONS
Introduction:
October 12, 2009
Synopsis:
This ordinance will approve miscellaneous text amendments to amend, update,
and clarify the Village of Morton Grove Code pertaining to all the Boards and
Commissions.
Purpose:
To insure sections of the Village's Municipal Code are up -to -date, current; and
relevant.
Background:
Title 2 of the Village Code provides for the establishment, structure, and
operation of the Village's standing Boards and Commissions. Various titles
within Title 2 have been written and rewritten over the past thirty years. As part N
of a regular process, Village staff, and especially Corporation Counsel's office
reviews Code Sections to insure they are up -to -date, current, and relevant.
Corporation Counsel has recommended the entire title be rewritten so the general
provisions for commission appointments, removal, compensation, meetings,
procedures, and conflicts of interest will be made consistent, and that the intent,
purpose, powers, and functions of each Board and Commission be up -to -date to
reflect current law and contemporary operations.
Programs, Departments
All Departments
or Groups Affected
Fiscal Impact:
N/A
Source of Funds:
N/A
Workload Impact:
The staff liaisons to the various Village Boards and Commissions will advise
their respective commissions of these changes and will assist the Boards and
Commissions in implementing these amendments.
Administrator
Approval as presented
Recommendation:
First Reading:
October 12, 2009, Municipal Code changes
Special Considerations or None
Requirements:
Respectfully submitted: E Z�IL
Joseph,V ad ;,Village Administrator
Prepared by
Teresa Hoffman fi t6 �, ' opporation Counsel
ORDINANCE 09 -24
AN ORDINANCE AMENDING TITLE 2, CHAPTERS 1 THROUGH IS
ENTITLED BOARDSAND COMMISSIONS
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 perfornl any function pertaining to its government affairs, including but not
limited to the power to tax and incur debt; and
WHEREAS, the Village is continuously reviewing and as it deems necessary updating existing
Municipal Codes (Code) to assure they are kept current and relevant; and
WHEREAS, Village staff and especially Corporation Counsel's office is proposing the following
modifications be made to Title 2 of the Municipal Code, such modifications include the following:
I. To update Chapter 1, General Provisions, to establish general guidelines for commission
members, appointments, and removals. To authorize the Board to approve compensation for Board
members as part of its annual budget process, to be in compliance with new rules pertaining to open
meetings, to establish consistent rules of procedure, and rules regarding the prohibition from Commission
participation in discussions or votes on matters that pertain to any business or properties in which the
member has an interest.
2. To update the individual chapters for various standing Village Boards and Commissions to
be consistent with Chapter 1, and update their purpose, powers, and functions to establish practices and
contemporary standards.
WHEREAS, the proposed text amendments are in the Village's best interest and result in a
streamlined, more efficient use of the Village Code which to Boards and Commissions.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS:
SECTION l: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses
into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth.
SECTION 2: Title 2, Chapters 1 through 18 entitled Boards and Commissions are hereby
amended to read as follows:
CHAPTER I
GENERAL PROVISIONS
SECTION:
2 -1
-1:
Applicability
2 -1
-2:
Commission Membership
2 -1
-3:
Compensation
2 -1
-4:
Meetings
2 -1
-5:
Rules of Procedure
2 -1
-6:
Conflict of Interest
2 -1
-7:
Indemnification
2 -1 -1: APPLICABILITY: Unless specifically provided otherwise in this Title, the
following provisions shall apply to all boards, commissions and committees of the
Village of Morton Grove other than the Village Board of Trustees.—The term "commission ", when
used in this chapter shall mean any board, commission, committee, or subcommittee of the Village
except for the Village Board of Trustees and any committee or subcommittee thereof.
2 -1 -2: COMMISSION MEMBERSHIP:
A. All commission members shall be appointed by the Village President with the concurrence of a
majority of the Board of Trustees. Members shall be residents of the Village of Morton Grove
unless the Village President, with the concurrence of a majority of the Board of Trustees,
determines the mission and objectives of the commission can best be served by the appointment
of a nonresident who is either a Village property owner, business licensee, or possesses special
technical expertise or knowledge. Commission members shall serve for a fixed term as
designated in this Code, or until his/her replacement has been duly appointed. If a fixed term is
not designated in this Code, the member shall serve at the pleasure of the Village President. If a
Commission member who was a Village resident at the time of his/her appointment moves
from the Village, is no longer a resident of the Village, or indicates to the Village President or
Chairperson of his /her commission that he /she intends to move from the Village or to no longer
be a Village resident, such member shall be presumed to have resigned from his /her
commission.
B. The Village President shall annually appoint one member of each commission to serve as its
chairperson, and another member to serve as its vice - chairperson. The chairperson shall preside
at all meetings of the commission, unless the chairperson is absent or unable to act for any
reason, and in such event, the vice - chairperson shall perform the functions of the chairperson.
C. The Village President, with input from the Board of Trustees, may appoint a secretary /minute
taker for the commission. The Village President shall give preference to Village residents in
making such appointments. The secretary /minute taker shall not be a voting member, but shall
take minutes and perform such other functions as assigned to him/her by the chairperson of the
commission or the Village President. The secretary shall receive compensation as determined
from time -to -time by the Corporate Authorities. If no such secretary has been appointed, the
Village Administrator shall appoint a Village staff liaison who shall be responsible for taking
the minutes for the meeting. ,
D. Any member of a commission who is unable to attend any meetings shall notify the chairperson
or the Village staff liaison of said absence. Such notice shall be provided as far in advance as is
practical under the circumstances. Any member of a commission who during any twelve (12)
month period is not present for at least fifty percent (50 %) of the regularly scheduled meetings
of said commission shall be presumed to have resigned from said commission, unless the
absence has been excused for good cause by the chairperson of the commission and the Village
President.
E. The Village President may, at any time, with the concurrence of the majority of the Board of
Trustees remove any member of a commission if, in the Village President's judgment, the best
interest of the Village would be served by such removal. hi the event a member is so removed,
resigns, or is otherwise unable to finish his /her term, the Village President may, with the
concurrence of a majority of the Village Board of Trustees appoint a replacement member to
serve for the remaining portion of the term.
E. Except as specifically authorized by state statute or Village ordinance, the Village President,
Village Clerk, and members of the Board of Trustees shall be prohibited from serving as voting
members of any commission. The Village President may appoint a Trustee or the Village Clerk
to serve as a liaison between the Village Board and any commission. The Village
Administrator may also appoint Village employees to serve as advisors or support staff for any
commission.
G. The chairperson, with the consent of the Village President may establish and appoint a
subcommittee chairperson and members to such subcommittee of said commission as may be
necessary from time -to -time to make reports to the full commission in connection with the
duties and objectives of the commission.
2 -1 -3: COMPENSATION: Members of a commission shall receive such compensation as
approved by the Village Board of Trustees, as part of the Village's annual budget.
Compensation shall only be provided for meetings actually attended. Members may, in addition or in
lieu of compensation, be reimbursed for expenses incurred in the operation and conduct of the affairs
of the commission so long as said expenses have been previously approved by the Village
Administrator or his /her designee.
2 -1 -4: MEETINGS:
A. All commissions except for "ad hoc" commissions shall hold regular meetings pursuant to a
schedule established in December of each year by the Village President with the concurrence of
the Board of Trustees. The meetings shall be held on Village property, unless otherwise
approved by the Village President.
B. All meetings shall be scheduled and held in compliance with the Illinois Open Meetings Act.
Notice of said meetings shall be given pursuant to the Illinois Open Meetings Act.
C. Special meetings may be called by the Village President, the chairperson, or by a majority of a
quorum of the members of the commission. All special meetings shall comply with the Illinois
Open Meetings Act.
D. All meetings shall be open to the public except as provided by the Illinois Open Meetings Act.
2 -1 -5: RULES OF PROCEDURE:
A. The chairperson shall establish an agenda prior to each meeting. During the meeting, the order
of items on the agenda may be modified or rearranged by the chairperson with the consent of
the members of the commission. In the case of a special meeting, no items may be discussed
that are not on the posted agenda.
B. A quorum shall consist of a majority of the members of the commission then holding office. A
quorum is necessary before any official business of the commission can be conducted.
C. No final action shall be taken on an item before the commission, except with the concurrence
of a majority of the members then holding office. The chairperson shall vote with the other
members of the commission.
D. The commission shall keep minutes of its proceedings in compliance with the Illinois Open
Meetings Act. Minutes shall show the vote of each member upon every question, or if absent or
failing to vote, indicating such fact. All records and files of the Commission shall be
maintained in the office of the Village Staff Liaison.
E. The commission may adopt its own rules of procedure consistent with this Code. In the
absence of adopting same, the commission shall comply with Roberts Rules of Order. Except
as expressly provided otherwise by Village ordinance, a rule of procedure may be suspended
for good cause at any time by the consent of the majority of the members of the commission
present at any meeting.
F. The chairperson, or in his absence, the acting chairperson may administer oaths and compel the
attendance of witnesses for any public hearing held by the commission.
2 -1 -6: CONFLICT OF INTEREST: No member of any commission shall take part in any
discussion or vote on any matter before said commission, if said matter directly pertains
to any business or property in which the member, or a member of his /her immediate family has an
ownership interest greater than five percent (5 %); or where the independent judgment of the member
would reasonably be impaired because of an actual or likely economic benefit. All members of the
commissions shall comply with the Village's Code of Ethics and the State's Official Employee Ethics
Act as adopted by reference by the Village of Morton Grove. All members of any commission shall
publicly disclose any conflict of interest as set forth in this section.
2 -1 -7: INDEMNIFICATION: The Village shall indemnify all members of any commission,
as well as members of the Corporate Authority, or any Village employee from any and
all acts committed or omitted in good faith in furtherance of the duties or responsibilities of said
commission. The Village shall defend any suit brought against any member by reason thereof, and the
member shall be held harmless from all liabilities, judgments, damages, costs or fees arising from such
legal action provided; however, as required by state statute, the Village will not pay any portion of a
judgment representing an award of punitive or exemplary damages or pay for legal representation
based solely upon a complaint seeking only punitive or exemplary damages. In the event the Village
defends any suit pursuant to this section, the Village shall have the exclusive right to select legal
representation for the member, and shall not be responsible for the payment of legal fees in the event
the member chooses to retain separate counsel. (Ord. 00 -21, 8 -14 -2000)
CHAPTER 2
BOARD OF ENVIRONMENTAL HEALTH
SECTION:
2 -2 -1: Board Established
2 -2 -2: Intent and Purpose
2 -2 -3: Powers and Functions
2 -2 -1: BOARD ESTABLISHED: A board is hereby established to be known as the Board of
Environmental Health consisting of not less than nine (9) members but not more than twelve
(12) members. Unless a member is appointed to finish a term for a member who has been removed, has
resigned, or is otherwise unable to finish his /her term, members of the board shall be appointed for a
period of three (3) years. The members of the board shall have knowledge of environmental issues
and /or, public health or medical disciplines and practices. (Ord. 95 -15, 5 -22 -1995; amd. Ord. 00 -21, 8-
14 -2000) . (Ord. 95 -15, 5 -22 -1995; amd. Ord. 00 -21, 8 -14 -2000)
2 -2 -2: INTENT AND PURPOSE: The intent and purpose of the Board of Environmental Health
shall be:
A. To preserve, protect and promote: 1) the public health of the citizens of the Village of Morton
Grove; 2) the environment of the Village of Morton Grove.
B. To review and evaluate various environmental issues and public health matters, and related
problems, and to advise the Village Trustees and other interested parties of its findings.
C. To educate citizens, business and industry in public health and environmental sanitation.
D. To advise the building commissioner and sanitarian with regard to the enforcement of Village
ordinances related to the board's purpose. (Ord. 95 -15, 5 -22 -1995; amd. Ord. 00 -21, 8 -14 -2000)
2 -2 -3: POWERS AND FUNCTIONS: In addition to the powers and duties delegated by
statute or local ordinance, the board shall also perform the following duties:
A. To advise the Corporate Authorities and Village staff with regard to public health matters,
ordinances of the Village; and all other laws, rules and regulations affecting public and
environmental health and make recommendations for action thereon to the President and
Village Board of Trustees.
B. At the request of the Village President, to consult and cooperate with all agencies of the
Village, other municipalities, federal, state, and local agencies concerned with the protection of
public health and /or environmental issues or enforcement actions.
C. Under the direction of the Village Administrator, or his /her designee, to disseminate
information relative to public health and environmental issues to citizens of the Village and to
promulgate programs of public education relating to public and personal health.
D. At the request of the Village President, to develop programs for environmental sanitation.
E. To make recommendations to the Corporate Authorities regarding the passage or amendment of
ordinances dealing with public health and environmental sanitation.
F. To exercise such other functions as may be delegated by the Village President or the Village
Board of Trustees.
AJIff om]
BOARD OF FIRE AND POLICE COMMISSIONERS
SECTION:
2 -3 -1: Board Established, Membership, Term of Office
2 -3 -2: Qualifications, Oath
2 -3 -3: Bond
2 -3 -4: Powers and Duties
2 -3 -1: BOARD ESTABLISHED, MEMBERSHIP, TERM OF OFFICE: The Village shall
maintain a board of Fire and Police Commissioners. The Board shall consist of three (3)
commissioners unless a commissioner is appointed to finish a term for a commissioner who has been
removed, has resigned, or is otherwise unable to finish his/her term, commissioners shall be appointed
for a term of three (3) years or until his/her successor is appointed. (1969 Code § 32.215; amd. Ord.
81 -77, 11 -23 -1981; Ord. 90 -42, 6 -25 -1990; Ord. 95 -25, 7 -17 -1995; Ord. 97 -20, 6 -9 -1997; Ord. 00 -21,
8 -14 -2000)
2 -3 -2: QUALIFICATIONS, OATH: The commissioners of the Board of Fire and Police
Commissioners shall have such qualifications as are now, or may hereafter be, required
of them by law, in addition, all commissioners shall commence the certification process of the Illinois
Fire and Police Commissioners Association within one year of appointment and shall complete the
certification process in a timely manner and shall remain certified during their term of office. In order
to participate in the business and proceedings of the board, a commissioners must file an oath and a
fidelity bond in such amount as may be required by the Village President and Board of Trustees. (1969
Code § 32.210; amd. Ord. 81 -77, 11 -23 -1981; Ord. 95 -25, 7 -17 -1995; Ord. 97 -20, 6 -9 -1997)
2 -3 -3: BOND: The official bond of each commissioner shall be five hundred dollars
($500.00). (1969 Code § 32.220; amd. Ord. 81 -77, 11 -23 -1981; Ord. 95 -25, 7 -17 -1995)
2 -3 -4: POWERS AND DUTIES:
A. Examinations, Appointments, and Promotions: The Board shall have charge of all original
appointments of firefighters and police officers and promotions of Fire Department Lieutenants
and Police Department Sergeants as authorized in this Code, and shall administer such entrance
and promotional examinations in accordance with the statutes of the state of Illinois, this code,
the rules of the Board of Fire and Police Commissioners, and the rules and regulations
governing the Morton Grove Fire Departments and Police Departments.
B. Rules and Regulations: The board shall adopt such rules and regulations as are related to its
operation. The sworn members of the Fire Department and Police Department shall be subject
to the rules and regulations prescribed from time -to -time by the Board of Fire and Police
Commissioners which are not in conflict with applicable state statutes, Village ordinances,
current collective bargaining agreements or departmental rules.
C. Disciplinary Actions: The Board shall have disciplinary powers as provided by and subject to
Village ordinances and current collective bargaining agreements and applicable state and
federal laws.
CHAPTER 4
ZONING BOARD OF APPEALS
SECTION:
2 -4 -1: Board Appointments, Term
2 -4 -2: Powers and Duties
2 -4 -1: BOARD ESTABLISHED, MEMBERSHIP, TERM OF OFFICE: The Village shall
maintain a Zoning Board of Appeals consisting of seven (7) members . Unless a
member is appointed to finish a term for a commissioner who has been removed, has resigned, or is
otherwise unable to finish his /her term, members shall be appointed for a term of five (5) years.
Members of the Zoning Board of Appeals may also be appointed to the Plan Commission.
2 -4 -2: POWERS AND DUTIES: The Zoning Board of Appeals shall have such other powers
and duties as may be delegated to it by statute or ordinance. The Zoning Board of Appeals is hereby
vested with the jurisdiction and authority listed below:
A. Appeals - To hear and decide upon appeals from any order, requirement, decision, or
determination relating to zoning made by the Building Commissioner or other authorized
official of the Village having jurisdiction under this Code.
B. Variations - To hear applications for variations from Title 12 Unified Development Code, as
authorized in Chapter 16 "Project Approval Process."
C. Investigation— At the request of the Village Administrator or the Building Commissioner or
his /her designee, to make such investigations, maps, reports and recommendations relating to
zoning and its administration in the Village.
D. Additional Duties: To exercise such other functions as may be delegated by the Building
Commissioner, Village Administrator, Village President or the Village Board of Trustees.
E. Authority - All decisions
and findings
of the
Zoning Board of Appeals shall be final decisions
subject
to judicial review
as provided
for by
law.
CHAPTER 5
PLAN COMMISSION
SECTION:
2 -5 -1: Commission Created, Members
2 -5 -2: Meetings, Procedures
2 -5 -1: COMMISSION ESTABLISHED, MEMBERSHIP, TERM OF OFFICES: The
Village shall maintain a Plan Commission, consisting of seven (7) members. Unless a
member is appointed to finish a term for a commissioner who has been removed, has resigned, or is
otherwise unable to finish his/her term, members shall be appointed for a term of five (5) years.
Members of the Plan Commission may also be appointed to the Zoning Board of Appeals.
2 -5 -2: POWERS AND DUTIES: The Plan Commission shall have power:
A. General Provisions: To exercise such powers as may be provided by statute or ordinance.
B. Official Plan:
1. To assist the Village Administrator or his /her designee in the preparation of a
comprehensive plan of public goals and improvements looking to the present and future
development of the Village; and to provide reasonable requirements in reference to land
development and redevelopment, streets, alleys, and public grounds within the Village,
and in unsubdivided lands within the corporate Limits and in contiguous territory outside
and distant not more than one and one -half (1 1/2) miles from the corporate limits of the
Village, insofar as the same are not included in any city, village or incorporated town,
and to make recommendations to the Village Board with respect to the adoption of such
plan. After its adoption by the Village Board, this shall be known as the official
comprehensive plan, and the plan commission may recommend from time -to -time
changes in the official comprehensive plan.
2. At the request of the Village Administrator or his /her designee, to prepare or assist in
the preparation of and make recommendations to the Village Board from time -to -time
with respect to plans for specific improvements in pursuance of such official
comprehensive plan.
3. To prepare and recommend such additional studies and plans as may be requested by
the Village Administrator or his /her designee, the Village President or the Corporate
Authorities, but not limited to specific subarea or corridor plans in specific sections of
the Village.
C. Unified Development Code: The Plan Commission shall have the jurisdiction and authority to
recommend for consideration and evaluation and determination by the Board of Trustees, the
following aspects of Title 12 Unified Development Code:
1. Amendments - To hear and make recommendations to the Board of Trustees on all
applications for amendment to the text and /or map which make up Title 12- Unified
Development Code, except for Chapter 11 - "Landscaping and Trees," and Chapter 12"
- Design Standards."
2. Special Uses - To hear and make recommendations to the Board of Trustees on all
applications for special uses.
3. Planned Unit Developments - To hear and make recommendations to the Board of
Trustees on all applications for planned unit developments.
4. Subdivisions - to hear and make recommendations to the Board of Trustees on all
applications for subdivisions and to recommend variations from the subdivision
provisions as necessary.
5. Vacations - to hear and make recommendations to the Board of Trustees on applications
which have been referred for the vacation of all or any portion of a public right -of -way.
6. Variations - to authorize variaTions from Chapter 11, Landscaping and Trees, Chapter
12, Design Standards, and Section 15 Authorized Variations, only if they are part of a
request that requires Plan Commission approval.
7. Review of Title 12 - Unified Development Code to review this title on a continuing
basis and to hear and make recommendations to the Board of Trustees to improve its
effectiveness.
D. Annexations: To hear and make recommendations to the Board of Trustees on all applications
for annexations to the Village of Morton Grove.
E. Additional Duties: To exercise such other functions as may be delegated by the Village
Administrator, Village President or the Village Board of Trustees.
CHAPTER 6
INTENTIONALLY DELETED
CHAPTER 7
LIBRARY BOARD
SECTION:
2 -7 -1: Election of Members, Vacancy
2 -7 -2: Library Tax
2 -7 -3: Powers and Duties
2 -7 -4: Rules and Regulations
2 -7 -1: ELECTION OF MEMBERS, VACANCY: There shall be elected a library board of
directors consisting of seven (7) members who shall serve for six (6) years as is
provided by statute 13. (1969 Code § 32.500)
In the event of a vacancy on the board of directors, the remaining directors shall choose a person to fill
that vacancy until the next election. (1969 Code § 32.505)
2 -7 -2: LIBRARY TAX: The special library tax shall be levied and collected each year as is
provided. (1969 Code § 32.515)
2 -7 -3: POWERS AND DUTIES: The library directors shall have such powers and duties as
those given to them by statute. (1969 Code § 32.510)
2 -7 -4: RULES AND REGULATIONS: The board of directors shall have the power to make
reasonable rules and regulations governing the use of the library, and may exclude
from the library any person or persons who willfully and continually violate such rules.
CHAPTER 8
SECTION:
2 -8 -1: Commission Established, Membership, Term of Office
2 -8 -2: Intent and Purpose
2 -8 -3: Powers and Functions
2 -8 -1: COMMISSION ESTABLISHED; MEMBERSHIP, TERM OF OFFICE: There is
hereby established a commission to be known as the Morton Grove Economic
Development Commission. The board shall consist of not less than seven (7) members. Unless a
member is appointed to finish a term for a member who has been removed, has resigned, or is
otherwise unable to finish his/her term, members of the board shall be appointed for a period of three
(3) years.
2 -8 -2: INTENT AND PURPOSE: The purpose of the economic development commission is
to advise the Village Board on policies and actions which impact the village's economic
environment. (Ord. 05 -11, 3 -14 -2005)
2 -8 -3: POWERS AND FUNCTIONS: The Economic Development Commission shall:
A. Exercise such powers and perform such duties as may be assigned to it from time -to -time by
the Village President, Village Board of Trustees, or the Village Administrator.
B. Provide a forum for the discussion of challenges and opportunities within the Village which
impact the economic conditions and developments.
C. At the request of the Village Administrator, review and evaluate proposals for the development
or redevelopment of businesses within the Village of Morton Grove.
D. Make recommendations to the Village Board which will:
1. Promote economic development within the Village.
2. Retain and attract new businesses to the Village.
3. Provide economic planning to enhance and strengthen the Village.
4. Achieve an effective and dynamic balance between the interest and needs of the
residents, businesses, and the Village.
E. Assist in the development of publications and programs to promote economic development
within the Village.
F. If. requested by the Village Administrator, review plans and applications and make
recommendations to the Village Board of Trustees regarding such applications.
CHAPTER 9
COMMUNITY RELATIONS COMMISSION
SECTION:
2 -9 -1: Commission Established, Membership, Term
2 -9 -2: Intent and Purpose
2 -9 -3: Duties and Responsibilities
2 -9 -4: Hearings
2 -9 -5: Fair Housing Subcommittee
2 -9 -1: COMMISSION ESTABLISHED, MEMBERSHIP, TERM: The Village shall
maintain a commission to be known as the Morton Grove Community Relations
Commission The commission shall consist of not less than nine (9) members. Unless a member is
appointed to finish a term for a member who has been removed, has resigned, or is otherwise unable to
finish his /her term, members of the board shall be appointed for a period of three (3) years. Members
shall reflect, so far as possible, the various neighborhoods, ethnic and racial groups and various
business interests of the Village, and shall possess training, interests, background and experience
which will aid the commission in its work (Ord. 00 -21, 8 -14 -2001)
2 -9 -2: INTENT AND PURPOSE: The purpose of the Community Relations Commission
shall be to foster, encourage and stimulate the improvement of relations among and
between citizens of all races, creeds, national origins and economic and educational levels; and to
provide all individuals with an equal opportunity to grow and participate to the best of their ability, in
the economic, educational, social and cultural activities available in our community. The commission
will also assist in the development of public information and related communication programs to
enhance the quality of life for all Village residents.
2 -9 -3: DUTIES AND RESPONSIBILITIES: The Community Relations Commission shall
have the following duties and responsibilities:
A. Provide a forum for community or neighborhood issues which relate to human relations issues
and concerns.
B. Invite and enlist the cooperation of racial, religious and ethnic groups, community
organizations, professional and technical organizations, as well as, real estate sales and
management groups in the Village to carry out community relations activities.
C. Assist residents in contacting appropriate federal, state, community or other local agencies to
provide assistance in handling complaints regarding discrimination, civil rights and community
relations issues.
D. Pursue programs and activities to enhance and improve community and human relations within
the Village.
E. All activities of the commission shall be deemed advisory in nature.
2 -9 -4: HEARINGS: For the purpose of carrying out the functions here and above provided,
the Community Relations Commission may hold public hearings when requested by the
Village President or the Village Administrator to obtain public comments and testimony required to
formulate recommendations for the village board of trustees.
2 -9 -5: FAIR HOUSING SUBCOMMITTEE:
A. Membership, Term. There is hereby established a sub - committee of the Community Relations
Commission to be known as the Fair Housing Committee. The committee shall consist of five
(5) members. Unless a member is appointed to finish a term for a member who has been
removed, has resigned, or is otherwise unable to finish his /her term, members of the board shall
be appointed for a period of three (3) years
B. Meetings. The committee shall not meet regularly, but shall meet upon the call of its
chairperson or upon request of the Village President or the Village Administrator.
C. Powers and Duties. The committee provides recommendations to the Corporate Authorities to
assure persons desiring to live in Morton Grove or in any particular real property shall have the
equal opportunities to purchase, lease or occupy such property without discrimination because
of race, color, religion or national origin, disability, sex, or sexual orientation.
CHAPTER 10
INTENTIONALLY DELETED
CHAPTER 11
COMMISSION ON AGING
SECTION:
2 -11 -1: Commission Established, Members
2 -11 -2: Powers and Purpose
2 -11 -1: COMMISSION ESTABLISHED, MEMBERS: The Village shall maintain a
commission to be known as the Morton Grove Advisory Commission on Aging. This
commission shall consist of at least nine (9) members, of whom at least half shall be of sixty -two (62)
years of age or more; and having representatives of public and private organizations serving the needs
of older residents of Morton Grove including one elected official and one staff representative from the
Morton Grove Park District all of whom shall be selected and appointed by the Village President with
the concurrence of the Board of Trustees. Unless a member is appointed to finish a term for a member
who has been removed, has resigned, or is otherwise unable to finish his/her term, members of the
board shall be appointed for a period of three (3) years. The commission shall be chosen to reflect, as
much as possible, the general population pattern within the Village in terms of its racial, ethnic,
religious, cultural, and socioeconomic components. Unless a member is appointed to finish a term for a
member who has been removed, has resigned, or is otherwise unable to finish his /her term, members of
the board shall be appointed for a period of three (3) years
2-11-2: POWERS AND PURPOSE: The purpose and functions of the Morton Grove
Advisory Commission on Aging shall be as follows:
A. To provide a
forum for the
discussion of problems of the aging and proposals
to meet these
needs, and to
aid the aging
in presenting their viewpoint to public and private
agencies.
B. To assess the current status of community programs and services offered to the aging and to
initiate the development of expanded services.
C. To advise in coordinating the development of long range programs among agencies serving the
elderly.
D. To educate the community about various phases of the aging process, and disseminate
information pertaining to services and programs to the citizens of the Village.
E. To develop budget recommendations based on total community service and seek through the
Corporate Authorities appropriate federal, state and local funding to implement proposed
programs. (Ord. 78 -36, 8 -14 -1978)
F. To prepare
and submit to the Board of Trustees an annual
report of its operation during the
preceding fiscal year, along with a
statement of projected
goals for the Board of Trustees and a
request for
allocation of necessary
funds. (Ord. 79 -5, 1 -12 -1979)
CHAPTER 12
APPEARANCE REVIEW COMMISSION
SECTION:
2 -12 -1: Commission Established, Members
2 -12 -2: Powers and Duties
2 -12 -1: COMMISSION ESTABLISHED, MEMBERS: The Village shall maintain an
Appearance Review Commission consisting of seven (7) members. Members shall be
residents of the Village and/or shall own or operate a business within the Village and /or have special
knowledge or expertise in matters of aesthetic judgment by virtue of training, education and
experience, such as architects, landscape architects, real estate appraisers, land planners, training
experience in the area of graphic or allied arts and possessing qualities of impartiality and broad
judgment. The president shall seek but shall not be required to appoint at least one member but no
more than three (3) members who are architects, landscape architects, or businesspersons doing
business in the Village. Unless a member is appointed to finish a term for a member who has been
removed, has resigned, or is otherwise unable to finish his/her term, members of the board shall be
appointed for a period of three (3) years.
2 -12 -2: POWERS AND DUTIES: The commission shall have the following powers and
duties:
A. Sign Code: The commission shall conduct design reviews and approve or disapprove
applications for sign permits and relief from the technical requirements of the Sign Code in
accordance with Title 10, Chapter 10 of the Municipal Code.
B. Appearance Certificates: The commission shall review and approve or disapprove all site,
landscape, and building plans in accordance with Chapter 12 -11 Landscaping and Trees, and
Chapter 12 -12, Design Standards, and issue appearance certificates as provided for in Section
12- 16 -2C, Appearance Certificates of this Code.
C. Procedural Control; Plan Review: The commission shall review submittals for building pen-nits
as provided for in Sectionl2 -16 -2B Procedural Control of this Code. The commission shall
review submittals from the Plan Commission, or other village departments and return
recommendations consistent with the appearance and sign codes. (Ord. 92 -59, 11 -9 -1992; and.
Ord. 00 -21, 8 -14 -2000)
D. Variances: The commission shall have the authority to grant variances from and as provided
for and within the limitations imposed by Section 12- 16 -2C9. Variances from Chapter 12 -11,
Landscaping and Trees, and Chapter 12 -12 Design Standards.
E. Amendments: The commission shall have the authority to review and make recommendations
to the Board of Trustees regarding amendments to Section 12- 16 -2C.9, Variances, Chapter 12-
11, Landscaping and Trees, and Chapter 12 -12. Design Standards of the Municipal Code.
Other Powers: The commission shall have such other powers as provided by the Village Code,
or as granted by the Corporate Authorities.
CHAPTER 13
INTENTIONALLY DELETED
CHAPTER 14
NATURAL RESOURCES COMMISSION
SECTION:
2 -14 -1: Created, Membership, Term of Office
2 -14 -2: Functions, Powers and Responsibilities
2 -14 -1: CREATED, MEMBERSHIP, TERM OF OFFICE: There is hereby established a
Natural Resources Commission in the Village of Morton Grove consisting of no less
than five (5) and no more than nine (9) commissioner. Commissioners shall to the extent possible, shall
possess training, understanding, interest, experience or a professional background in arboriculture,
forestry, ornamental horticulture, landscape architecture or design, environmental law, natural resource
preservation and protection, pollution control, science or public health. Unless a member is appointed
to finish a term for a member who has been removed, has resigned, or is otherwise unable to finish
his /her term, members of the board shall be appointed for a period of three (3) years.
2 -14 -2: FUNCTIONS, POWERS AND RESPONSIBILITIES:
A. Except as expressly provided otherwise in this Code, the commission shall serve in an advisory
role, and shall make all recommendations to the Village Board of Trustees regarding the
development of policies with respect to trees and other natural resources within the Village of
Morton Grove.
B. The Natural Resources Commission shall have the following powers and responsibilities:
1. Make such investigations and such recommendations to the Village Board of Trustees
as it deem appropriate to preserve, conserve, enhance, and protect the environment
and natural resources of the Village.
2. Assist the Village Board in promoting public interest, awareness and education of the
need to preserve, conserve, protect, and enhance the environment and natural resources
of the community.
3. Hear appeals from any decision of the Director of Public Works to grant, deny or
revoke a tree permit or tree removal permit pursuant to Title 7, Chapter 2 of this Code.
4. Hear requests for exemptions with respect to the replacement of trees pursuant to Title
7, Chapter 2 of this Code.
5. Act as a liaisowbetween the Village and other governmental, public and private
agencies such as the Cook County Forest Preserve District, Morton Grove Park District,
area schools, Friends of the Morton Grove Forest, and others to encourage development
of programs and management of land that support the conservation of native species
and natural ecological communities, and the improvement and enhancement of the
environment.
6. Advise the Village Board of Trustees on such matters as may be requested or required
by ordinance.
7. Perform such other studies and functions as requested by the Village President or
required by ordinance. (Ord. 05 -35, 6 -13 -2005)
CHAPTER 15
TRAFFIC SAFETY COMMISSION
SECTION:
2 -15 -1: Commission Created, Membership, Term
2 -15 -2: Powers and Duties
2 -15 -1: COMMISSION CREATED, MEMBERSHIP, TERM: The Village shall maintain a
Traffic Safety Commission consisting of nine (9) members. Unless a member is
appointed to finish a term for a member who has been removed, has resigned, or is otherwise unable to
finish his/her term, members of the board shall be appointed for a period of three (3) years
2 -15 -2: POWERS AND DUTIES: The commission shall have the following powers and
duties:
A. To receive, review and present recommendations to the President and Board of Trustees
regarding requests or inquiries on matters involving traffic safety, including requests for
installation of traffic control devices.
B. To review and make comments and recommendations on all proposed developments brought
before the Plan Commission or before the Building Department as provided for in the
procedural control ordinance of the Village.
C. To review traffic studies and reports and make recommendations regarding the same to the
President and Board of Trustees.
D. To identify and oversee the preparation, publication and distribution of traffic safety awareness
information.
E. To make recommendations to the President and Board of Trustees as to the enactment of
ordinances or amendment of existing ordinances regarding traffic safety.
To make recommendations to appropriate Village departments as to enforcement of ordinances
relating to traffic safety. (Ord. 85 -1, 1 -25 -1985)
CHAPTER 16
INTENTIONALLY DELETED
CHAPTER 17
CABLE AND TELECOMMUNICATIONS COMMISSION
SECTION:
2 -17 -1: Commission Created, Membership, and Term of Office
2 -17 -1: COMMISSION CREATED, MEMBERSHIP, AND TERM OF OFFICE: The
Village shall maintain a cable and telecommunications commission consisting of five
(5) members who shall be residents of the Village, or shall own or be employed by a business located
in the Village and shall have, to the extent possible, business, technical, legal, and/or
telecommunications interests and backgrounds. Unless a member is appointed to finish a term for a
member who has been removed, has resigned, or is otherwise unable to finish his /her term, members of
the board shall be appointed for a period of three (3) years. (Ord. 97 -22, 6 -11 -1997; amd. Ord. 00 -21,
8 -14 -2000)
CHAPTER 18
FINANCE ADVISORY COMMISSION
SECTION:
2 -18 -1: Commission Created, Membership, and Term of Office
2 -18 -2: Functions, Powers and Responsibilities
2 -18 -1: COMMISSION CREATED, MEMBERSHIP, TERM OF OFFICE: The Village
shall maintain a Finance Advisory Commission consisting of no less than five (5) and
no more than seven (7) members. Members shall to the extent possible, shall possess training,
understanding, interest, experience or a professional background in financial matters. The Finance
Director or his designee shall be the staff liaison to provide administrative and technical assistance to
the Commission. Unless a member is appointed to finish a term for a member who has been removed,
has resigned, or is otherwise unable to finish his /her term, members of the board shall be appointed for
a period of three (3) years
2 -18 -2: FUNCTIONS, POWERS AND RESPONSIBILITIES:
A. Except as expressly provided otherwise in this Municipal Code, the Commission shall serve in
an advisory role, and shall make all recommendations to the Village Board of Trustees
regarding the development of policies and procedures.
B. The Finance Advisory Commission shall have the following powers and responsibilities:
1. To advise the Corporate Authorities regarding the general long term and strategic
financial direction of the Village.
2. To work with the Finance Director /Treasurer of the Village of Morton Grove to review
existing and potential revenues and expenditures, and assist in identifying means to
achieve and maintain fiscal stability.
3. To review the annual proposed Budget.
4. To review the Village's Capital Program and funding sources and make
recommendations to the Corporate Authorities regarding same.
5. Upon request of the Village President, to review Village's investments, indebtedness,
potential indebtedness, and condition of Villages bond rating.
6. To assist the Corporate Authorities in informing the residents of the Village of Morton
Grove of the present and future financial status and long term financial strategies and
opportunities for the Village.
SECTION 3: The terms and conditions of this ordinance shall be severable and if any section,
term, provision, or condition is found to be invalid or unenforceable by any reason by a court of
competent jurisdiction, the remaining sections, terms, provisions, and conditions, shall remain in full
force and effect.
SECTION 4: In the event this ordinance or any code amendment herein is in conflict with any
statute, ordinance, or resolution or part thereof, the amendments in this ordinance shall be controlling and
shall supersede all other statutes, 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 5: This Ordinance shall be in full force and effect from and after its passage, approval
and publication in pamphlet form according to law.
PASSED this 12'h day of October 2009.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
DiMaria
Gomberg
Grear
Marcus
Thill
Toth
APPROVED by me this 12`" day of October 2009.
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
this 13`x' day of October 2009.
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois