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Home My WebLink About2009-10-26 Agenda�l's VILLAGE OF MORTON GROVE MEETING OF THE BOARD OF TRUSTEES TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER October 26, 2009 Meeting 7:00 pm 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes — Special Meeting — October 7, 2009 Special Meeting — October 12, 2009 Regular Meeting — October 12, 2009 5. Public Hearings 6. Special Reports 7. Resident's Comments (agenda items only) 8. President's Report — Administration, Northwest Municipal Conference, Council of Mayors, TIF Committee, Capital Projects, Real Estate Committee a. Board appointments are requested as follows: Advisory Commission on Aging — 3 year term Nancy Brothers 9. Clerk's Report — Legal, Cable and Telecommunications Commission 10. Staff Reports a. Village Administrator 1) Miscellaneous Reports and Updates b. Corporation Counsel 11. Reports by Trustees a. Trustee DiMaria — Community and Economic Development Department, Waukegan Road TIF Review, Comprehensive Plan, Real Estate Committee, Lehigh/Ferris TIF Review, Economic Development, Dempster Street Corridor Plan (Trustee Thill) I) Resolution 09 -59 (Introduced October 12, 2009) Authorizing the Village to Acquire Property Commonly Known as 8720 -26 Ferris Avenue 2) Resolution 09 -60 (Introduced October 26, 2009) Authorizing the Execution of a Contract with McDonough Associates, Inc. for the )Dempster Street Water Main Improvements 3) Ordinance 09 -26 (Introduced October 26, 2009 — First Reading) Amending Title 5, to Add a New Chapter 2A Entitled "Automated Traffic Law Enforcement System" b. Trustee Gomberg — Finance Department, Community Relations Commission, Finance Advisory Commission, Northwest Municipal Conference, Condominium Association (Trustee Toth) 1) Ordinance 09 -20 (Introduced October 12, 2009 - Second Reading) Amending Title 1, Chapter 8, Sections 11 and 12 Entitled "Code of Ethics" and "Code of Ethical Conduct" in the Village 2) Resolution 09 -61 (Introduced October 26, 2009) Authorizing the Village to Acquire Property Commonly Known as 6410 Chestnut Street, Morton Grove, Illinois C. Trustee Grear — Fire Department, Emergency Management Agency, RED Center, NIPSTA, Police and Fire Commission (Trustee DiMaria) d. Trustee Marcus — Family and Senior Services Department, Police Department, Environmental Health, Police and Fire Commission, IT Communications, Chamber of Commerce (Trustee Gomberg e. Trustee Thill— Public Works, Capital Projects, Traffic Safety Con mi, sion, Natural Resource Commission, Solid Waste Agency ofNorthern Cook County, Advisory Commission on Aging (Trustee Marcus) 1) Ordinance 09 -25 (Introduced October 12, 2009 - Second Reading) Amending Title 5, Chapter 13, Article M, Section I Entitled "Parking Zones for Buses" of the Municipal Code of the Village 11. Reports by Trustees (continued) Trustee Toth — Building Department, Appearance Commission, Capital Projects, Plan Commission/Zoning Board ofAppeals (Trustee Grear) 1) Ordinance 09 -23 (Introduced October 12, 2009 - Second Reading) 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 (Introduced October 12, 2009 - Second Reading) Amending Title 2, Chapters 1 through 18 entitled Boards and Commissions 12. Other Business 13. Presentation of Warrants - $727,958.62 14. Resident's Comments 15. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate 16. Adjournment -To ensure full accessibility and equal participation for all interested citizens, individuals with disabilities Who plan to attend and who require certain accommodations in order to observe and/or participate in this meeting, or who have questions regarding the accessibility of these facilities, are requested to contact Susan or Marlene (8471470 -5220) promptly to allow the Village to make reasonable accommodations. MINUTES OF THE OCTOBER 7, 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 7:00 pin 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 DiMacia, Larry Gomberg, William Great, Sheldon Marcus, and Maria Toth, and Village Clerk Tony Kalogerakos Absent: Trustee John Thill _ 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, Deputy Police Chief Brian Fennelly, Deputy Police Chief Norman Stromberg, Police Coordinator Gil Santiago, Family and Senior Services Director Jackie Walker O'Keefe, Network Administrator Boyle Wong, and Fire Chief Tom Friel Also Present: Members of the press and public President Staackmann turned the meeting over to Mr. Wade who noted this is the Second Budget Workshop for the 2010 Budget. The first formal presentation will be presented by Police Chief Mark Erickson who will present the Police Department Budget. Fire Chief Tom Friel will present the Fire Department Budget and give an explanation relative to the sinking fund for the purchase of a new Village Ambulance, and Andy DeMonte will present the Public Works Budgets. Ryan Horne then addressed questions from the Board from the previous meeting. Jackie Walker O'Keefe advised the Board in answer to Trustee Marcus's questions that there are currently 472 members of the Civic Center. Fifty of those members are not Morton Grove residents. The monthly attendance for outside trips is approximately 410 members and non- members. Mr. Horne then answered Mayor Staackmann's question regarding the Finance Department phone bills. He stated the bill appears high because the Finance Department's budget includes phone bills that can not be allocated to other departments. He noted the Village's phone bills had actually decreased from 2006 when they were $104,000 to the current expense of $74,510 per year. He then introduced the Police Department Budget and noted the total Police Department budget before pension expenses for 2010 is projected to be $6,935,835, or a decrease of $16,602 (24 %). Police pension costs rose from $1,411,984 in 2009 to $1,615,174 in 2010; an increase of $203,190 or 14 %. Hence the grand total of the Police Department's budget with the pension fund is $8,551,009 or an increase of $186,588 or 2.23 %. Chief Erickson began his presentation by reminding the Board the following Friday, October 9, 2009, marked the 20`x' anniversary of Patrol Officer Barry Shalin's death. A ceremony was being planned for that day. He then reviewed the mission and values of the Police Department. The mission statement had been rewritten by Chief Erickson and his command staff. He noted the department strived to be more accountable, cohesive, and productive; and supervisory members will continue to monitor activity and provide a monthly and annual assessment. Chief Erickson has been involved in the budget process since 1991. He noted all supervisory personnel take responsibility for monitoring their aspect of the budget. He then reviewed some of the Police Department's functions which include community liaisons, crime prevention, and community relations, and enforcement activities. He then reviewed the current Police Department organizational chart with the Board. He noted in 2010, the department planned to implement a cyber -watch with the help of community volunteers. He noted staffing levels had not been raised in 25 years. Costs have increased due to personnel and pension expenses and the need for adherence to state and federal unfunded mandates. Ammunition costs have also increased substantially. Chief Erickson requested funds for a grant writer; if approved this individual will work with the Village to obtain grants to improve the department's technology needs. Chief Erickson then reviewed the workload indicators projected for 2010 which included 22,000 service calls, 7,000 traffic stops, 1,200 accident investigations, 600 felony arrests, 350 misdemeanor arrests, and 6,150 ordinance citations. Chief Erickson noted for 2010 in light of the current economy, the department had implemented substantial stopgaps. This includes the deferment of one sworn police officer, the deferment of two part -time community officers, a request to review the crossing guard program, and the deferment of one squad car, the animal control vehicle and the incident commander vehicle. The Village also deferred numerous capital improvements needed at the Police Department facilities. Chief Erickson then answered questions from the Board. Mr. Horne introduced Chief Tom Friel who presented the Fire Department Budget for 2010 in the amount of $5,329,629, which was a decrease of $2,754 from the prior year. However, pension costs had increased by $182,975 to a total of $1,794,274 for a total Fire Department budget with pension expenses in the amount of $7,123,903 or an increase of $180,221 from the previous year (a 3% increase). The Chief reviewed the mission of the department and the department's current organizational chart. He then noted the department was actively pursuing cost savings through cooperative relationships. He also detailed the operations of the Fire Prevention Bureau, and the operation of the three shifts which comprise the divisions of the department. He noted for 2009, the Fire Department has or will respond to 3,658 alarm incidents which is an approximate 20% increase from 2004. 65% to 70% of these activities pertain to EMS alarms or a request for paramedic services. Chief Friel noted the department strives for expeditious responses to these alarms. The department has a record of responding within four minutes for 95% of all alarms. He noted a fire in an unconfined room will double in size every thirty seconds. He also noted the human brain begins to suffer damages after four to five minutes without oxygen. He then reviewed the staffing levels for engine companies which require a minimum of four members, and an ambulance company which require a minimum of two members. The department currently uses a jump solution for which responses are manned by a lieutenant, engineer, and one firefighter on an engine, plus two firefighters from the ambulance. The solution has worked well for the Village. In 2010, the department will downsize by eliminating one part-time fire inspector for a savings of $20,000. The department asked the Village continue funding the sinking fund for a new ambulance to replace the 1997 model at a cost of $260,000. He then reviewed the 2010 goals and objectives for the Emergency Management Agency Budget. Chief Friel noted the 2009 highlights for EMA and noted their 2010 gods and objectives. The 2010 budget of $11,942 was flat compared to the previous year's budget. Mayor Staackmann noted the Emergency Management Agency was probably one of the best examples of an organization doing more with less and thanked these tireless volunteers. Mr. Horne introduced Mr. DeMonte who then presented the Public Works Budgets. The first budget, the Public Works Street Budget in the amount of $2,200,775 reflected a decrease of $156,000 or 7 %. Mr. DeMonte noted the Village experienced significant increases in 2008 and 2009 to its commodity purchases, mainly due to the increased costs for salt. The Village had prepurchased salt for 2010. Mr. DeMonte thought the supply was sufficient. Mr. DeMonte noted for 2010, the department expected to replace two new plows at a cost of $10,000 each and would trade in four bobcats for a net cost of $4,400 each. The goal was to maintain a flat budget without any cuts in services including leaf collections and storm clean -up. Mr. DeMonte also stated the further goal was to improve communications with residents which was and continued to be an ongoing priority with the Department. Mr. DeMonte then introduced the Public Works Engineering Budget in the amount of $343,675 or $14,773 (4% increase). This increase was due to increases in personnel costs for step increases and health insurance. Mr. DeMonte reviewed the goals of the Engineering Department for 2010 which included completing work related to the Dempster Street water main and roadway improvements, completing work related to the Lincoln/Ferris water mail and streetscape improvements and completing the design and construction work related to the relocation of the Metra yard. Mr. DeMonte then introduced the Public Works Vehicle Budget at a cost of $731,753 or a decrease of $5,035 from the previous year (1 %). All budgets relating to Public Works showed a total decrease from the prior year of $147,000 or 4 %. Mr. DeMonte then viewed the Commuter Parking Fund Budget which showed an increase in net review over the previous year of $11,300. Mayor Staackmatm then asked" for questions from the Board and there were none. Mayor Staackmann asked for questions from the audience. There was one question commending the Police Department for their reorganization and budget, and a request to consider the impact of multiple solid waste collection trucks on streets. Mr. Wade noted garbage trucks were considerably heavier than other trucks and cars and the Village's alleys were not built to sustain this type of weight. One large truck has the equal effect of four thousand cars. There being no further business, Trustee Di Maria moved to adjourn to Executive Session to discuss personnel issues as well as the purchase and sale of Village real estate. The motion was seconded by Trustee Marcus and approved unanimously pursuant to a roll call vote at 8:26 pm. At the close of the Executive Session, Trustee DiMaria moved to adjourn the Special Meeting. The motion was seconded by Trustee Marcus and approved unanimously purchase to a voice vote at 9:42 pm. Minutes by: Tony S. Kalogerakos Special meeting minutes. 10 -07 -09 MINUTES OF THE OCTOBER 12, 2009, SPECIAL MEETING OF THE BOARD OF TRUSTEES RICHARD T. FLICKINGER MUNICIPAL CENTER 6101 CAPULINA AVENUE MORTON GROVE, ILLINOIS 60053 Pursuant to proper notice in accordance with the Open Meetings Act, the special meeting was called to order at 6:00 pm by Mayor Daniel J. Staaekmann. Clerk Kalogerakos called the roll. In attendance were: Elected Officials: President Daniel Staackmann, Trustees Dan DiMaria (arrived at 6:50 pm), Larry Gomberg, William Great, Sheldon Marcus (arrived at 6:04 pin), John'Fhill, 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: Steven Friedman, S.B. Friedman and Company, John Talty, OKW Architects, an Associate from S.B. Friedman and Company President Staackmann announced the sole purpose of the meeting was to discuss potential purchase and sale of real estate within the Lehigh/Ferris TIE District which are proper subjects for a closed meeting. Trustee Thill moved to adjourn to executive session to discuss the purchase and sale Village owned real estate. The motion was seconded by Trustee Toth and approved unanimously pursuant to a voice vote at 6:02 pm. 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 6:58 pm. Minutes by: Tony S. Kalogerakos Special ineeting minutes.10 -12 -09 I &II. CALL TO ORDER /PLEDGE OF ALLEGIANCE Village President Daniel J. Staackmann called the meeting to order at 7:02 p.m. After leading the assemblage in the Pledge of Allegiance, he directed the Village Clerk to call the roll. III. ROLL CALL Village Clerk Tony Kalogerakos called the roll. Present were: Trustees Dan DiMaria, Larry Gomberg, Bill Grear, Shel Marcus, John Thill and Maria Toth. IV. APPROVAL OF MINUTES Regarding the minutes of the September 14, 2009, special meeting, Trustee Marcus moved, seconded by Trustee Toth, to approve the minutes as presented. There was no discussion. Motion passed unanimously via voice vote. Regarding the minutes of the September 14, 2009, regular meeting, Trustee DiMaria moved, seconded by Trustee Thill, to accept the minutes as presented. Trustee Gomberg noted there was an error under "Other Business ", wherein it states Mayor Staackmann announced the upcoming Memorial Day Parade. Trustee Gomberg believed it was the Veterans' Day Pa- rade which would be held from 1:00 pm to 3:00 pm on Sunday, November 8, 2009. There being no additional changes or concerns the Motion passed unanimously via voice vote. Regarding the minutes of the September 23, 2009, special meeting, Trustee DiMaria moved, seconded by Trustee Thill, to approve the minutes as presented. There was no discussion. Motion passed unanimously via voice vote. Regarding the minutes of the September 30, 2009, special meeting, Trustee DiMaria moved, seconded by Trustee Marcus, to approve the minutes as presented. There was no discussion. Motion passed unanimously via voice vote. V. PUBLIC HEARINGS NONE VI. SPECIAL REPORTS Mayor Staackmann swore in the new Police Commanders Robert Zielinski and Paul Yaras. Both Commanders where honored by the Village Board as well as Police Chief Erickson. It was noted both Commanders have been with the force for at least ten years and continue to be a credit to the department and the Village. Minutes of Aug ust 10, 2009 Board Meeting b. Mike Simkins, Fire and Police Commission Chairperson, swore in the newly hired po- lice officers, Michael Johanson, Michael Jensen, and Dennis Johnson. Mr. Simkins noted all three officers joined the force on September 21, 2009 and are at the Police Academy. Mr. Johanson is a Morton Grove resident and has a degree in Criminal Jus- tice, Mr. Jensen is from Springfield and also has a degree in Criminal Justice. Mr. Johnson is from Wooddale and is currently working on his degree in Criminal Justice. All three officers were congratulated by the Board and welcomed to the Village. C. Mayor Staackmann and Village Administrator Joseph F. Wade presented the Em- ployee Anniversary Awards for the third quarter. They were as follows: Nathan Akemann, Fire Department 10 years of service Richard Baker, Police Department 15 years of service John Bencivenga, Public Works Department 20 years of service Andy DeMonte, Public Works Department 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 All the employees present were congratulated for their committed service to the Vil- lage. Mayor Staackmann expressed his appreciation and pride over the longevity and dedication of all the Village's employees. d. Plan Commission Case PC 09 -01 Reauestinq a Special Use Permit for a Planned Unit Development at the address commonly known as 8340 Concord Drive was presented by Plan Commission Chairperson Ron Farkas. Chairperson Farkas noted the appli- cant, Ned Companies, wishes to construct 33 town homes in lieu of the 75 unit con - dominium building originally scheduled for this site as noted in the original Planned Unit Development (PUD) granted by Ordinance 04 -26. This parcel is the old Schwarz Paper Company site. He noted the original plan raised some concerns for staff; how- ever, this current proposal alleviates those concerns. The main reason for the change to townhomes is due to the soft housing market. Mr. Farkas stated there would be no drainage impact and any additional storm water detention would be handled in over- sized underground pipe. This new plan shows 33 town homes in six buildings and the footprint of the town homes was actually less than the original footprint. Seventeen additional parking spaces are also being created with this new plan. There is also ade- quate access for emergency vehicles which had also been a concern. The Plan Commission unanimously approved this special use, subject to fifteen conditions ex- pressed in the report which included denser landscaping be placed on the western property line to delineate this development from the existing development. Trustee Marcus moved to accept the report of the Plan Commission. The motion was seconded by Trustee Thill. Trustee Gomberg asked whether all parties found the landscaping barrier acceptable? Chairperson Farkas stated they would prefer a fence but the commission felt that once the development was built the landscaping would be more attractive and would elimi- nate any current problems different resident groups were having. VII. VIII. IX. ...... ..Minutes of August 10, 2009 Board Meeting. There being no additional questions or concerns, Mayor Staackmann called for the vote. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aye Tr. Grear acre Tr. Marcus aye Tr. Thill aye Tr. Toth aye RESIDENTS' COMMENTS (Agenda Items Only) PRESIDENT'S REPORT a. Mayor Staackmann presented and sought concurrence with the following board /commission appointments: Glenn Hacker to the Police Pension Fund, for a two year term. Trustee DiMaria moved to concur with the appointment, seconded by Trustee Grear. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aye Tr. Grear acre Tr. Marcus acre Tr. Thill aae Tr. Toth aye Barbara Novick to the Advisory Commission on Aging for a three year term. Trustee Gomberg moved to concur with the appointment, 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 ave Mayor Staackmann wished Terri Cousar get well and wished her a swift recovery. CLERK'S REPORT a. Clerk Kalogerakos asked for a motion to approve the executive session minutes for: October 8, 2007 November 24, 2008 June 8, 2009 October 15, 2007 December 16, 2008 July 13, 2009 pre- meeting October 22, 2007 January 6, 2009 July 13, 2009 post- meeting December 10, 2007 January 26, 2009 July 15, 2009 September 22, 2008 March 3, 2009 July 27, 2009 November 10, 2008 March 23, 2009 August 10, 2009 May 11, 2009 Trustee DiMaria moved to concur with the appointments, seconded by Trustee Mar- cus. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aae Tr. Grear aye Tr. Marcus acre Tr. Thill acre Tr. Toth aye_ 3 Minutes of August 10, 2009 Board Meeting 1, b. Clerk Kalogerakos then asked for a motion to release executive session minutes for: March 10, 1997 February 14, 2000 February 14, 2005 May 12, 1997 February 28, 2000 April 23, 2007 July 15, 1997 August 14, 2000 October 15, 2007 December 8, 1997 November 6, 2003 December 10, 2007 November 15, 1999 November 8, 2003 September 22, 2008 November 22, 1999 November 22, 2004 Trustee Toth moved to concur with the appointments, seconded by Trustee Thill. Mo- tion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aye Tr. Grear aye Tr. Marcus aye Tr. Thill aye Tr. Toth aye C. Clerk Kalogerakos then asked for a motion to destroy executive session recordings of approved minutes of meetings occurring more than eighteen months ago (before March 26, 2007) which is authorized by the Open Meeting Act. aye Trustee Thill moved to concur with the appointments, seconded by Trustee Toth. Mo- tion passed: 6 ayes, 0 nays. Tr. DiMaria ave Tr. Gomberg aye Tr. Grear aye Tr. Marcus aye Tr. Thill aye Tr. Toth aye X. STAFF REPORTS a. Village Administrator Mr. Wade announced the next Budget Workshop was scheduled for 7:00 pm on Wednesday, October 21, 2009. Draft budget proposals will continue which will include special funds and revenues. b. Corporation Counsel Corporation Counsel had no formal report. Xl. REPORTS BY TRUSTEES a. Trustee DiMaria 1) Trustee DiMaria presented Resolution 09 -55, Authorizing the Village to Ac- quire Property Commonly Known as the Woodlands Triangle, Trustee DiMaria stated a contract was negotiated for a purchase price of $250,000 and the closing will occur on or before December 31, 2009. Funds for this purchase come from the Le- high /Ferris TIF Fund and Corporation Counsel will handle the closing as part of her normal workload. There was no discussion. Trustee DiMaria moved, seconded by Trustee Thill, to approve Resolution 09 -55. Mo- tion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aye Tr. Grear aye Tr. Marcus aye Tr. Thill aye Tr. Toth aye rl Minutes of August 10, 2009 Board Meeting'.... 2) Trustee DiMaria presented Resolution 09 -58 authorizing the Execution of a Contract with McDonough Associates, Inc. for the Dempster Street Roadway Im- provements. Roadway and water main improvements are scheduled for Dempster Street in 2010. Daily observation and documentation of construction activities requires the use of an engineering consultant. McDonough was chosen through a qualification - based selection process. The scope of this project is estimated at $543,354.24. The State of Illinois will reimburse 80% of that amount. This document, once approved, will fulfill the State's requirement to have a construction engineering consultant in place three months before the letting of the project. It is anticipated there will be a January 2010 letting. There was no discussion. Trustee DiMaria moved, seconded by Trustee Toth, to approve Resolution 09 -58. Mo- tion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Marcus aye b. Trustee Gomberg Tr. Gomberg aye Tr. Thill aye Tr. Grear aye Tr. Toth aye 1) Trustee Gomberg presented Ordinance 09 -16, Amending Various Municipal Code Sections Pertaining to Fines and Fees Including 1 -4 -2, 1 -4 -3, 1 -5 -4, 4 -12L- 143 4- 17G -71 7 -10 -61 8 -3 -31 8 -9 -7, 12- 14 -16, and 12 -16 -6, for its second reading. Last year the Village adopted a fine ordinance which was a comprehensive assemblage of the Village's fines and fees. In order to ensure the accurate and appropriate utilization of this legislation, there are a few minor amendments which will help clarify and update certain provisions to keep them relevant. Trustee Gomberg felt it important Chapter 7- 10-6 be highlighted because it was written to alleviate concerns some residents were having. There being no additional comments or discussion, Trustee Gomberg moved, sec- onded by Trustee Grear, to approve Ordinance 09 -16. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aye Tr. Grear aye Tr. Marcus aye Tr. Thill aaye, Tr. Toth aye 2) Trustee Gomberg presented Ordinance 09 -20, Amending Title 1, Chapter 8, Section 11 and 12 Entitled "Code of Ethics" and "Code of Ethical Conduct" in the Village for its first reading. This ordinance addresses prohibition of Village offi- cials from being financially interested in Village contract work or business, political ac- tivity during compensated time, acceptance of gifts, or economic benefit, maintenance of confidential information and other considerations. This ordinance also incorporates the Gift Ban Act. This ordinance will appear for its second reading on the October 26, 2009, Agenda. Trustee Gomberg reported the next Condominium Association would be held at 7:00 pm on October 28, 2009, here at Village Hall. He also noted the Community Relations Commission is sponsoring a "Most Memorable Morton Grove Moments" book. The deadline for memorable submittals will be December 31, 2009. Minutes of August 10s 2009 Board Meetin w C. Trustee Grear 1) Trustee Grear presented Ordinance 09 -19, Amending Title 9, Chapter 2, Section 2 of the Village Municipal Code Entitled "Automatic Fire Extinguish- ment" for its second reading. This document will strengthen the procedures for regu- lating fire sprinkling systems, and associated equipment and devices in places of pub- lic assembly including institutional and educational facilities. There was no discussion. Trustee Grear moved, seconded by Trustee Toth, to approve Ordinance 09 -19. Mo- tion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aye Tr. Grear acre Tr. Marcus acre Tr. Thill aye Tr. Toth aye 2) Trustee Grear presented Resolution 09 -57, Authorizing the Execution of an Intergovernmental Agreement for the Purchase of a Wireless Fire Alarm Net- work. This intergovernmental agreement which forms MABAS Division 3 Radio Alarm Network with Niles, Skokie, Lincolnwood, Wilmette, Prospect Heights FPD, and North Main FPD provides centralized monitoring of wireless radio fire alarms from area busi- nesses. This agreement will eliminate a third party lease and will be more cost effec- tive for the Village and will not require any up front costs. The Village is anticipated to receive approximately $4,200 per month for the next five years with an increase in that amount once the equipment is paid for. There was no discussion. Trustee Grear moved, seconded by Trustee Thill, to approve Resolution 09 -57. Mo- tion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg acre Tr. Grear aye Tr. Marcus aye Tr. Thill aye Tr. Toth aye d. Trustee Marcus 1) Trustee Marcus presented Ordinance 09 -17, Amending Title 5, Chapter 1, of the Municipal Code entitled "Traffic Administration and Enforcement" for its sec- ond reading. This ordinance will clarify current procedures for ordering the immobiliza- tion of vehicles, and administrative towing and impoundment. The impact of this ordi- nance could vary depending on the amount of vehicles impounded, towed, or immobi- lized and as a result ultimately prosecuted. There was no discussion. Trustee Marcus moved, seconded by Trustee Thill, to approve Ordinance 09 -17. Mo- tion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aye Tr. Grear acre, Tr. Marcus aye Tr. Thill aye Tr. Toth aye 2) Trustee Marcus presented Ordinance 09 -18 Amending Title 5, Chapter 5, Section 16 of the Municipal Code Entitled "Railroad Crossing Regulations" for its second reading. This ordinance will insure this chapter remains consistent with current procedures and up -to -date with Illinois law. Fines will now be imposed per Title 1, Chapter 4 of the Municipal Code and provide a minimum fine for a violation of this type of $250. It is hoped these fines will not be needed and people will be more careful when crossing the tracks. It was noted safety is one of the Village's highest priorities. There was no discussion Trustee Marcus moved, seconded by Trustee Thill, to approve Ordinance 09 -18. Mo- tion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aye Tr. Grear aye Tr. Marcus aave Tr. Thill aye Tr. Toth ave Trustee Marcus congratulated the newly sworn -in Police Commanders and Police Offi- cers and wished them all success in their new positions. Trustee Marcus also re- minded everyone of the Chamber of Commerce's upcoming Fish Boil which will be held at the Civic Center on Friday, October 16, 2009. If anyone is interested in attend- ing they should contact the Chamber for tickets and additional details. e. Trustee Thill 1) Trustee Thill presented Ordinance 09 -21 Amending Title 5, Chapter 8, Sec- tion 7 Entitled "Load Restrictions Weight Limits ", and Title 5, Chapter 13H, Sec- tion 1 Formally entitled "Streets with Load Limits" now Entitled "Truck Routes" of the Municipal Code of the Village to Modify Restrictions on Heavy Vehicles on Village Streets for a second reading. This ordinance will remove several streets from designated truck routes so trucks over eight tons with a license plate designation of "H" or higher will no longer be able to use these local streets but be routed to use arterial routes. There was no discussion. Trustee Thill moved, seconded by Trustee Marcus, to approve Ordinance 09 -21. Mo- tion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aye Tr. Grear aye Tr. Marcus aye Tr. Thill aye Tr. Toth ave 2) Trustee Thill presented Ordinance 09 -25, Amending Title 5, Chapter 13, Ar- ticle M, Section 1 Entitled "Parking Zones for Buses" of the Municipal Code for its first reading. This ordinance replaces Ordinance 92 -41 which established a parking zone for businesses on the west side of Gross Point Road near the main entrance of Edison School. The current restrictive hours have been determined by the Traffic Safety Commission not to be sufficient to insure unhindered access for loading dis- abled students. The proposed change would amend the current ordinance to allow for a time change from the original 3:00 pm - 4:00 pm to 2:30 pm — 3:30 pm. This time period coincides more closely with the dismissal time for loading disabled students. The second reading of the ordinance will be October 26, 2009. 3) Trustee Thill presented Resolution 09 -56, Authorizing the Execution of a Contract with Schroeder Asphalt Services, Inc. for the 2009 Street Patching Pro- gram. Schroeder Asphalt Services was determined to be the lowest qualified bidder at $59,000. Since this is a unit price contract, this amount could vary depending on the actual amount of work performed. Trustee Thill moved, seconded by Trustee Toth, to approve Resolution 09 -56. Mr. DeMonte was asked what streets would be involved? Mr. DeMonte stated this Minutes of August 10, 2009 Board Meeting i contract was intended to patch small areas and he did not have on hand exactly where this work would be performed. There being no additional questions, Mayor Staack- mann called for the vote. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aaye, Tr. Grear aye Tr. Marcus aye Tr. Thill ave Tr. Toth aye Trustee Thill stated he received a report from the Solid Waste Agency of Northern Cook County (SWANCC) and the Village has been receiving increased bills due to garbage overages. He encouraged residents to recycle and reduce the garbage ton- nage. He also encouraged neighbors to talk to each other and promote the impor- tance of recycling. Trustee Thili also asked residents to leave six inches been their leaf piles that are moved into the street and the curb. He stated this will help with the flow of water when it rains and not pull the leaves into the sewer system. Trustee Toth -1) Trustee Toth presented Ordinance 09 -23, Granting an Amendment to the Special Use in the Village for the Property Located at 8340 Concord Drive to Construct 33 Townhomes in Lieu of a 75 Unit Condominium Building, for a first reading. This Planned Unit Development will allow for a 33 unit town home develop - ment in lieu of the original condominium building as previously discussed in Plan Commission Case PC09 -01. This ordinance will appear for its second reading on the October 26, 2009, Agenda. 2) Trustee Toth presented Ordinance 09 -24, Amending Title 2, Chapters 1 through 8 entitled "Boards and Commissions ", for a first reading. Miscellaneous text amendments have been made to these various chapters to update and clarify the Municipal Code relative to the various boards and commissions in the Village. She stated it also helps to unify and clarify the Boards' and Commissions' powers and du- ties. This ordinance will appear for its second reading on the October 26, 2009, Agenda. Trustee Toth thanked everyone who attended the St. Martha Octoberfest. She stated it was a great success and October 2, 2010, has already been set for next year. She hoped everyone will mark their calendars and attend next year. XII. OTHER BUSINESS NONE XIII. I WARRANTS Trustee Gomberg presented the Warrant Register for September 28, 2009, in the amount of $274,226.04. He moved to accept the Warrants, seconded by Trustee Thill. Trustee Thill then questioned several items on the warrant list which were answered by various Department Directors. There being no additional questions, Mayor Staackmann called for the vote. Mo- tion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aye Tr. Grear aaye, Tr. Marcus acre Tr. Thill aye Tr. Toth aae M Minutes of August 10, 2009 Board Meeting Trustee Gomberg then presented the Warrant Register for October 12, 2009, in the amount of $448,290.52. He moved to accept the Warrants, seconded by Trustee Toth. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aae Tr. Grear aye Tr. Marcus aye Tr. Thill aave_ Tr. Toth ave XIV. RESIDENTS' COMMENTS NONE XV& ADJOURNMENT /EXECUTIVE SESSION XVI. There being no further business, Trustee Gomberg moved to adjourn the Regular Board Meeting, seconded by Trustee Grear. The motion passed unanimously via voice vote. The Board Meeting adjourned at 8:08 pm. PASSED this 26`h day of October 2009. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED by me this 261h day of October 2009. Daniel J. Staackmann, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 27`h day of October 2009. Tony S. Kalogerakos, Village Clerk Village of Morton Grove, Cook County, Illinois Minutes by Susan Lattanzi P1 Legislative Summary Resolution 09 -59 AUTHORIZING THE VILLAGE OF MORTON GROVE TO ACQUIRE PROPERTY COMMONLY KNOWN AS 8720 -8726 FERRIS AVENUE, MORTON GROVE, ILLINOIS Introduced: October 26, 2009 Objective: To authorize the purchase of property commonly known as 8720 -8726 Ferris Avenue which is located within the Lehigh /Ferris TIF District. Purpose: This property will be land banked for future redevelopment. Background: Since the creation of the Lehigh /Ferris TIF District in 2000, the Village has acquired numerous pieces of property for possible future development. The property located at 8720 -8726 Ferris Avenue recently became available for purchase. As requested by the Village Board, Village staff has negotiated a contract with the owner for Village Board approval. The terns of the contract include: `a 1. The Purchase Price $625,000; 2. Closing on or before April 30, 2010. 3. The property shall be vacant and free of tenancies at closing. Funds for the purchase and acquisition of this property are contained in the 2009 Budget, in the Lehigh /Ferris TIF District Fund. Programs, Departments Finance Department, Village Administrator, Legal Department, Community and or Groups Affected: Economic Development Fiscal Impact: $62500 Source of Funds: Funds have been budgeted for in the Lehigh /Ferris TIF District Fund. Workload Impact: Corporation Counsel will handle the closing of this transaction as part of her normal workload. Administrator Approval as presented. Recommendation: Second Reading: Not Required Special Considerations or None Requirements: Administrator Prepared by: A, 41,.d91rT V Reviewed by: Teresa Hoff lap/ iston, Corporation Counsel Bill Neuendorf, Community & Economic Development Director RESOLUTION 09 -59 AUTHORIZING THE VILLAGE OF MORTON GROVE TO ACQUIRE PROPERTY COMMONLY KNOWN AS 8720 -8726 FERRIS AVENUE, 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 8720 -8726 Ferris Avenue, Morton Grove, Illinois 60053 is located in the LehighlFerris 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 8720 -8726 Ferris Avenue, Morton Grove, Illinois 60053 to be land banked and held for future development; 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: The Purchase Price $625,000; 2. Closing on or before April 30, 2010; The building shall be vacant and free of tenancies at closing. 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 a contract between the Village and Gabriel Berrafato for the purchase of property commonly known as 8720 — 8726 Ferris Avenue, Morton Grove, Illinois for the sum of six hundred twenty - five thousand dollars ($625,000) with a closing to occur on or before April 30, 2010, with additional terms and conditions in substantial conformity with Exhibit "A ". SECTION 3: The Village Administrator, Corporation Counsel and/or their designees are hereby authorized to prepare, execute, and deliver any documents or take any steps necessary to purchase said property pursuant to the contract. SECTION 4: This Resolution is an exefcise 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 26"' day of October 2009. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 26`x' day of October 2009. Daniel J. Staaekmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 27`x' day of October 2009. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois CONTRACT FOR THE PURCHASE OF 8720 TO 8726 FERRIS AVENUE, MORTON GROVE, ILLINOIS BETWEEN THE VILLAGE OF MORTON GROVE AND CHICAGO TRUST COMPANY UTA DATED DECEMBER 15, 1997 KNOWN AS TRUST NUMBER 1105305 The VILLAGE OF MORTON GROVE, a municipal corporation and a home rule unit of government located in Cook County, Illinois ( "Village ") hereby agrees to purchase and Chicago Trust Company UTA dated December 15, 1997 known as trust number 1105305 ( "Seller "), hereby agrees to sell that property commonly known as 8720 to 8726 Ferris Avenue, 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 six hundred twenty -five thousand dollars ($625,000) 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 or its designated agent the sum of one thousand dollars ($1,000.00) as and for "Earnest Money ". The earnest money shall be held by the Seller's attorney, subject to the terms and conditions of this Contract. 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 on or before April 30, 2010, at a location mutually agreed upon by the Village and the Seller. However, no closing proceeds shall be tendered to the Seller and no deeds shall be recorded until all tenants have vacated the premises. 3) CONTINGENCY PERIOD AND INSPECTIONS. A. The Seller shall make available to Village'for Village's inspection, copies of all leases, security contracts, rent rolls, surveys, environmental reports, soils tests, maps and plats for the subject property no later than October 30, 2009. B. The Village and its agents may at any time through November 30, 2009 (the "Contingency Period ") 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 of the Subject Property, 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 prior to 5:00 PM on November 30, 2009, and in such event, the Earnest Money (and any interest earned thereon) shall be returned to Village. D. Seller represents and warrants there are not more than seven (7) tenants occupying the building, al of which have month -to -month leases. Upon the termination of the contingency period, Seller shall notify all tenants in writing that all tenancy shall terminate on or before April 30, 2010. Contract for the Purchase of 8720 to 8726 Ferris Avenue Page 2 of 5 E. Unless the Village has terminated the contract pursuant to 3C above, the Earnest Money shall become non - refundable at 5:00 PM on November 30, 2009. Upon termination of the contingency period, the Earnest Money (and any interest earned thereon) shall become non - refundable, except in the event of a default by Seller, and shall be applied to the Purchase Price at the closing. 4) TAX PRORATIONS: At closing, Seller shall pay and prorate 2009 and 2010 real estate taxes at 150% of the 2008 taxes through the date of closing and shall re- prorate said taxes upon ascertainment of that actual tax bill. 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 tile 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. The parties shall each pay their respective usual and customary share of the additional title charges and the parties shall equally pay for any deed in money closing escrow incurred as a result of this transaction. If the title commitment discloses any exceptions not acceptable to the Village, then Seller shall have said exceptions or encroachments removed, or 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 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 general 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, 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 tenant. The property shall be in broom clean condition with all personal property removed. 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 /or special 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: Subject to paragraph 11, the property (including the building and the grounds) shall be maintained in the same condition as found on the date of the contract, normal wear and tear, excepted. 11) DEMOLITION OR DECONSTRUCTION: At the Seller's discretion, the Village will accept a clear site that has been properly demolished or deconstructed. Any such action however, shall not affect the purchase Contract for the Purchase of 8720 to 8726 Ferris Avenue Page 3 of 5 price nor the closing date of this contract. The condition of the site at closing is subject to the approval of the Village. No partially demolished or potentially unsafe structures will be accepted. 12) DEFAULT: Seller shall be responsible for all damages, reasonable costs and expenses including attorney's fees directly caused due to the failure of the Seller to comply with the terms of the purchase Contract. The Village shall be responsible for all damages, reasonable costs and expenses, including attorney's fees directly 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 the purchase 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 mailed or faxed to Gabriel Berrafato, 8720 Ferris, Morton Grove, Illinois 60053, fax 847 - 967 -2388. Notices to the Village shall be mailed or faxed 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 if any. C. All disputes related to.the construction or enforcement of these terms and provisions 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. Subject to paragraph 11, unless approved in writing by Corporation Counsel, approval of which shall not be unreasonably withheld, all fixtures, mechanical equipment and appliances within the real estate as of the date this Contract has been executed shall remain at the real estate and shall be transferred to the Village at closing in "AS IS" condition pursuant to a Bill of Sale. E. The terms of this contract and all related negotiations shall be kept confidential to the extent allowed by law. F. The parties agree to comply with the reporting requirements of the applicable section of the Internal Revenue Code and the Real Estate Settlement Procedures Act of 1974, as amended. This Contract has been executed as of October Contract for the Purchase of 8720 to 8726 Ferris Avenue Page 4 of 5 2009 (the Contract date). THIS CONTRACT SHALL NOT BE BINDING UNTIL IT HAS BEEN APPROVED BY THE CORPORATE AUTHORITIES OF THE VILLAGE OF MORTON GROVE. "Seller" Chicago Trust Company UTA dated December 15, 1997 known as trust number 1105305 By: Name: Title: Gabriel Berrafato Trustee "Buyer" VILLAGE OF MORTON GROVE, ILLINOIS By: Name: Daniel J. Staackmann Title: Village President Attest By: Name: Tony S. Kalogerakos Title: Village Clerk Property Index Numbers: Contract for the Purchase of 8720 to 8726 Ferris Avenue Page 5 of 5 Exhibit A 10 -20- 100- 021 -0000 10 -20- 100- 022 -0000 10 -20- 100- 023 -0000 10 -20- 100- 024 -0000 LOTS 13714, 15, AND 16 IN LUMPP'S SUBDIVISION BEING A SUBDIVISION OF THE NORTH 366.17 FEET OF LOT 3 IN HENNING'S SUBDIVISION OF LOTS 42 AND 43 TOGETHER WITH THE NORTH 16 FEET OF LOT 44 IN COUNTY CLERK'S DIVISION OF SECTION 20 AND THE NORTHEAST' /4 OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EAST OF LINCOLN AVENUE AND THE CHICAGO MILWAUKEE AND ST. PAUL RAILROAD (EXCEPT THERE FROM THE NORTH 100.17 FEET OF THE EAST 85 FEET OF SAID LOT 3 IN HENNING'S SUBDIVISION) IN COOK COUNTY, ILLINOIS. Introduced:. Synopsis: Purpose: Background: Programs, Depts or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recom'd: First Reading: Special Consid or Require: Legislative Summary Resolution 09 -60 AUTHORIZING THE EXECUTION OF A CONTRACT WITH MCDONOUGH ASSOCIATES, INC. FOR THE DEMPSTER STREET WATER MAIN IMPROVEMENTS October 26, 2009 To authorize the Village President to execute a contract with McDonough Associates, Inc. to provide design and construction engineering services for the Dempster Street Water Main Improvements. To provide the necessary engineering resources and expertise to ensure the water main construction improvements along Dempster Street meet Village and State construction and administrative requirements. Roadway and water main construction improvements on Dempster Street from Ferris Avenue to Central Avenue are planned for 2010. The work has been developed as a single construction contract with a single construction engineering contract. However, it is believed there will likely to be delays associated with obtaining additional Federal funding, acquiring additional right -of -way that is necessary for the roadway improvements, and investigating the disposition and future handling of existing soil to be excavated. It is anticipated the roadway construction needs to follow the State's strict process for bidding, which exacerbates the effort of the delays. It is therefore strategically practical to separate the roadway construction from the water main construction work because the water main installation will be performed before the roadway improvements. The water main installation is already fully funded with Village funds and will follow the Village's bidding process. Separating the roadway improvements from the water main improvements into two contracts will require additional engineering effort to prepare a separate set of plans and specifications. Since this is being done, staff recommends extending the western terminus of the water main installation to the river. Construction engineering will also be necessary for the water main installation. Daily observation and documentation of construction activities requires the use of an engineering consultant. Resolution 09 -58 authorized executing a contract with McDonough Associate, Inc. for the Dempster Street Roadway Improvements. This resolution would authorize a similar scope of construction engineering work for the water main construction plus the additional design engineering work. 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 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 a not to exceed amount of $83,832.08 for the water main design and construction engineering. Staff is currently targeting a letting date in January 2010. Costs associated with this contract approval will be incurred in 2010 and 2011 and appropriate funding for this contract will be required in the FY2010 and FY 2011 Annual Budgets. Public Works and Community & Economic Development $83,832.08 FY 2010 and 2011 Annual Budget - Lehigh- Ferris TIF District Fund and Enterprise Fund The Public Works Department performs the management of the project. Approval as presented. NIA Respectfully submitted: Jos 4A F. 1kade, Village Administrator Prepared by: f Reviewed by: Chris Tomieh, Village Engineer Reviewed by: P4 6Z7 l Teresa Hoffman Liston, C rporation Counsel Andy DeMonte, 15it, Of Public Works AUTHORIZING THE EXECUTION OF A CONTRACT WITH MCDONOUGH ASSOCIATES, INC. FOR THE DEMPSTER STREET WATER MAIN IMPROVEMENTS 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 intends to construct certain improvements within the Dempster Street right -of -way from Ferris Avenue to Central Avenue in order to improve the condition and flow capacity of the water main traffic along Dempster Street; and WHEREAS, the overall work on Dempster Street includes roadway improvements which has been developed to date into a single construction contract; and WHEREAS, there are likely to be delays associated with obtaining all of the Federal funding, acquiring the additional right -of -way that is necessary for the roadway improvements, and investigating the disposition and future handling of existing soil to be excavated; and WHEREAS, it is therefore strategically practical to separate the roadway construction from the water main construction work; and WHEREAS, separating the roadway improvements from the water main improvements will require an additional engineering effort to prepare a separate set of plans and specifications; and WHEREAS, since the work is being done to separate the projects, staff recommends extending the western terminus of the water main installation from Ferris Avenue to the river; 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 of McDonough Associates, Inc. to the Village Board based on their institutional knowledge of the Dempster Street corridor improvements and the key personnel that will be assigned 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 a not to exceed amount of $83,832.08; 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 will be included in the 2010 and 2011 Annual Budgets in the Lehigh Ferris TIP District Fund and the Enterprise 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 malting 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 Village Engineer and Corporation Counsel with McDonough Associates, Inc. for engineering services for the design and construction of water main improvements on Dempster Street in an amount not to exceed $83,832.08. SECTION 3. This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 26"' DAY OF OCTOBER 2009 Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Great Marcus Thill Toth APPROVED BY ME THIS 27th DAY OF OCTOBER 2009 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 27th DAY OF October 2009 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois LeEislative Summary ORDINANCE 09 -26 AN ORDINANCE AMENDING TITLE 5, TO ADD A NEW CHAPTER 2A ENTITLED "AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM" Introduced October 26, 2009 Objective This ordinance will establish a new chapter in Title 5 of the Municipal Code entitled Automated Traffic Law Enforcement System. Purpose: To establish an Automated Traffic Law Enforcement System to produce recorded images for violations of Illinois law and local ordinances which prohibit entering a signalized intersection against a red signal indication. Such system shall foster the public safety and welfare by significantly reducing the number of red light violations within the Village. Background: In 2006, the State of Illinois adopted legislation authorizing the implementation of Automated Traffic Law Enforcements Systems (ATLES) in Cook County and other specified counties in Illinois. Under this law, the registered owner, contract purchaser for a lessee of a motor vehicle, is liable for a civil penalty whenever his or her car is being driven by a person who enters an intersection against a red signal indication. The purpose of this legislation was to reduce violations, prevent crashes, avoid injuries, and positively change drivers' behavior and save lives. United States cities using red light cameras report accident reductions between 20% and 800/ Red light cameras operate by capturing two digital pictures— and a video clip of a red light violator's vehicle and the license plate. Violations are evaluated first by a vendor review and second by a trained Morton Grove Police Officer to insure a violation has occurred. A ticket is then mailed to the vehicle's owner, regardless of who was driving at the time. The violation includes a copy of the image of the violation. Violators face a $100 fine if paid within thirty (30) days of the violation and a $200 fine if paid thereafter. A person who receives a notice of violation has the right to challenge this violation in the Village's Adjudication Hearing System. The Village of Morton Grove Police Department has performed a feasibility study and has determined the use of ATLES systems would significantly reduce violations and accidents at key intersections within the Village. The Village has advertised for proposals from private companies for the operation of an ATLES system and is currently negotiating a contract pending the approval of this ordinance. This ordinance will authorize and establish an Automated Traffic Law Enforcement System within the Village of Morton Grove. Following its passage and before the operation of the ATLES system, the Village will conduct an educational program as to the installation and use of camera enforcement. After the system is installed, the Village, in conjunction with public education, will issue warning notices for violations for 30 days before issuing citations. Programs, Departs Police and Legal Departments 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 Police and Legal Departments during their normal course of duties. Admin Recommend: Approval as presented. Second Reading: Required — code amendment Special Consid or None Requirements Administrator Approval_ J Prepared by: VaA, Village Administrator Corporation Counsel Reviewed by: Mark Erickson, Police Chief ORDINANCE 09 -26 AN ORDINANCE AMENDING TITLE 5, TO ADD A NEW CHAPTER 2A ENTITLED "AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM" 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, Section 11-208.6 of the Illinois Vehicle Code, 625 ILLS 5111 -208.6 (2006), authorizes a municipality in certain counties, including Cook County, Illinois, to operate an Automated Traffic Law Enforcement System (ATLES) to produce recorded images of motor vehicles entering an intersection against a red signal indication (hereinafter "automated traffic law violations "); and WHEREAS, pursuant to its home rule powers, and the provisions of Section 11 -208.6 of the Illinois Vehicle Code, the Village desires to utilize ATLES to foster the public safety and welfare by significantly reducing the number of red light violations at problem intersections within the Village; and WHEREAS, the Village has advertised for proposals from privately owned companies for the operation of an ATLES and is currently negotiating a contract for the delivery of necessary equipment and services, subject to the approval of the Village Board; and WHEREAS, Village staff and especially the Chief of Police, and Corporation Counsel have recommended that Title 5 of the Municipal Code of the Village of Morton Grove entitled Motor Vehicles and Traffic be amended by adding a new Chapter 2A to be entitled Automatic Traffic Law Enforcement Systems; and WHEREAS, the President and Board of Trustees have determined it will serve and be in the best interest of the Village to amend the Municipal Code pursuant to this ordinance. NOW, "THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 5, entitled Motor Vehicles and Traffic of the Municipal Code is hereby amended to add a Chapter 2A entitled Automated Traffic Law Enforcement System to read as follows: 5 -2A -1 CHAPTER 2A AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM SECTIONS: 5 -2A -1: Purpose 5 -2A -2: Definitions 5 -2A -3: Operation of Automated Traffic Law Enforcement System 5 -2A -4: Liability for Automated Traffic Law Enforcement System Violation 5 -2A -5: Violation Notice 5 -2A -6: Defenses 5 -2A -7: Failure to Contest 5 -2A -8: Penalty 5 -2A -1 5 -2A -1: PURPOSE: This Chapter shall establish an automated traffic law enforcement system in accordance with Section 11 -208.6 of the Illinois Vehicle Code, 625 ILCS 5 /11 -208.6 for the purposes of using photographic, video, or digital imaging equipment to record visual images of vehicles entering intersections in violation of the Illinois Vehicle Code, and applicable local ordinances and using those images as a basis for issuing citations for such violations. 5 -2A -2: DEFINITIONS: When used in this Chapter, the following terms shall have the following meanings unless a different meaning is required by its context: AUTOMATED TRAFFIC A system which utilizes a device as defined in Section 11- 208.6 of LAW ENFORCEMENT the Illinois Vehicle Code. The utilization of a device with one or more SYSTEM OR ATLES motor vehicle sensors working in conjunction with a red light signal to produce recorded images of motor vehicles entering an intersection against a red signal indication in violation of the Illinois Vehicle Code or similar provisions of the Municipal Code of the Village of Morton Grove. AUTOMATED TRAFFIC A violation of Section 11 -306 of the Illinois Vehicle Code or similar LAW VIOLATION OR provision of the Municipal Code of the Village of Morton Grove which ATLES VIOLATION prohibits motor vehicles from entering an intersection against a red signal indication which is recorded and documented by an Automated Traffic Law Enforcement System MOTOR VEHICLE OR Every vehicle which is self - propelled, including but not limited to VEHICLE automobiles, trucks, vans, motorcycles, or motor scooters, and shall include every vehicle defined by Section 1 -146 of the Illinois Vehicle Code. OWNER A person who holds legal title to a vehicle; a person who leases a vehicle; a person who has entered into an agreement for conditional sale or lease of a vehicle with an immediate right of possession; the conditional vendee or lessee, or a mortgagor of such vehicle is entitled to possession, then such conditional vendee or lessee, or mortgagor shall be deemed the owner. Any person who with the owner's written permission, performs any act the owner is authorized to perform. For purposes of determining the identity of an owner, the records of the Illinois Secretary of State, or such similar office of another state shall be presumed to be true and correct. RECORDED IMAGES Images recorded by an automated traffic law enforcement system on two or more photographs, two or more microphotographs, two or more electronic images, or a video recording showing the motor vehicle. On at least one image or a portion of the recording, the registration plate number of the motor vehicles must identifiable. 5 -2A -3: OPERATION OF AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM: The Village of Morton Grove is authorized to operate an ATLES within the boundary of the Village in a manner consistent with the requirements of Section 11 -208.6 of the Illinois Vehicle Code. The Chief of Police may take any and all actions necessary to construct and operate the ATLES and shall select the locations at which such ATLES shall be operated. The Chief of Police shall notify the Corporate Authorities of the locations selected for the ATLES. The Corporate Authorities may contract with a private company to construct and operate the ATLES and determine through its technicians when an ATLES violation has occurred. 5 -2A -4: LIABILITY FOR AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM VIOLATION: The owner or of a vehicle shall be liable for an ATLES violation committed by any driver of such vehicle and shall pay the civil penalty imposed pursuant to this Chapter for such violation. 5 -2A -5: VIOLATION NOTICE: A violation notice also referred to as a ticket or citation shall be issued for an ATLES violation. Such violation notice shall be mailed by first class mail to the owner of the vehicle within thirty (30) days after the Secretary of State or similar office in another state notifies the Village of the identity of the owner but in no event later than ninety (90) days after the alleged violation. A violation notice shall at a minimum state the following information: 1. The name and address of the owner; 2. The date and place of the violation; 3. The specific regulation violated; 4. The fine assessed and the date by which it should be paid; 5. The state registration number of the motor vehicle; 6. A copy of the recorded image; 7. A statement the recorded images are evidence of the violation; 8. A warning the failure to pay the fine or contest liability within a timely manner is an admission of liability and may result in the suspension of the driving privileges of the owner of the motor vehicle or immobilization of any vehicle owned by the owner of the motor vehicle; and 9. A statement an owner may elect to proceed by paying the fine or by challenging the ATLES violation at an administrative hearing. Images produced by an automated traffic law enforcement system and the facts stated in the violation notice shall be prima facie evidence of the ATLES violation, shall be admissible in any legal proceeding without any further foundation, and shall be presumed true and correct of the facts shown on the recorded image and the facts stated in the notice. 5 -2A -6: DEFENSES: The Administrative Hearing Officer may find the owner not liable if (a) it can be demonstrated the driver of the vehicle passed through the intersection when the light was red either in order to yield the right -of -way to an emergency vehicle or as part of a funeral procession; or (b) the motor vehicle or registration plates were stolen before the ATLES violation occurred, which defense must be demonstrated through the submission of proof a report concerning the stolen motor vehicle or registration plates was filed with the law enforcement agency in a timely manner and that the vehicle or registration plates had not been recovered at the time of the violation; or (c) the automated traffic law enforcement system was not operating properly at the time of the violation. 5 -2A -7: FAILURE TO CONTEST: The failure to seek or appear at an administrative hearing to contest the violation or to pay the civil penalty for the ATLES violation within thirty (30) days after the issuance of the notice of violation shall constitute a waiver of the right to contest the violation and will be considered an admission of liability. 5 -2A -8: PENALTY: Any person found guilty of violating any provision of this Chapter may be assessed a fine in accordance with Title 1, Chapter 4 of this Code. 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 26th day of October 2009. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED by me this 26 "' day of October 2009. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 27th day of October 2009. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Summa 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 Introduced Synopsis: Purpose: Background: Departs Affected Fiscal Impact: Source of Funds: Work Impact: Admin Recomd: Second Reading: Special Considerations or Requirements: October 26, 2009 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. To insure elected and appointed officials and employees 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 benefit. 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 inheritances, and gifts from fellow employees' family members. Elected officials and candidates may not accept more than $150 from persons with Village contracts totaling more than $20,000 per year. 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, gender, sexual orientation, 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 andBoardand Commission Members Code of Ethical 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. All Village Departments, Boards and Commissions N/A N/A The implementation of this ordinance will be administrated through the Administrator's office. Approval as presented. Required —Code Amendment None Respectfully submitted: Prepared by: Village Administrator Stoll, 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 government under the provisions of Article 7 of the Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the 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 I I 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 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 1, Chapter 8, Sections 11 and 12 of the Municipal Code of the Village of Morton Grove are hereby amended by substituting for these sections a new section which shall read in its entirety as follows: 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 (19ILCS 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, Iegislative, 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. 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. 5. 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. 7. 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. 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. 11. 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 a�'tion 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 (7'/2 %) 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; e. 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 5/3.1 -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. Prohibition of Political Contributions: Any person or business entity whose contract(s), and pending bids for contract(s) with the Village of Morton Grove in aggregate annually total more than $20,000, shall be prohibited from making any contributions to (a) a political organization established to promote a candidacy of an elected Village official, or a declared candidate for an - elected Village office, (b) an elected official, or (c) a declared candidate for an elected Village office in excess of $150 per year per official, declared candidate, or political organization. This prohibition shall be effective for the duration of the term of office of the elected official, or for two year after the date of the election for a declared candidate for an elected Village office which ever is longer. 2. A political organization established to promote a candidacy of an elected official or a declared candidate, an elected official, or a declared candidate shall not knowingly accept a campaign contribution in excess of $150 per year from any person, business entity whose contracts and pending bids for contracts with the Village of Morton Grove in aggregate annually total more than $20,000. This prohibition shall be effective for the duration of the term of office of the elected official, or for two year after the date of the election for a declared candidate for an elected Village office which ever is longer. E. 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. No officer or employee shall intentionally perform any prohibited political activity during any Village compensated time. No official or employee shall intentionally use any properly or research of the Village of Morton Grove in connection with any prohibited political activity. 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. 7. 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. F. 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 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. 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. f 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 miless 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 i. 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; ii. 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. i. 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. 1. 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. 5. 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. G. 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. 3. 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. 4. 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. 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. H. 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, gender, sexual orientation, 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. 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. K. 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) I -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 of Morton 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 part 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: VILLAGE OF MORTON GROVE ELECTED OFFICIALS AND BOARD AND COMMISSION MEMBERS CODE OF ETHICAL CONDUCT I (state full name) pledge, as a (title) of the (office board /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. INTENT: 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 26`h DAY OF October 2009. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS 26r" DAY OF October 2009. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 27't' day of October 2009 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 09 -61 �I AUTHORIZING THE VILLAGE OF MORTON GROVE TO ACQUIRE PROPERTY COMMONLY KNOWN AS 6410 CHESTNUT STREET, MORTON GROVE, ILLINOIS Introduced: October 26, 2009 Objective: To authorize the purchase of property commonly known as 6410 Chestnut Street which is located within the Lehigh /Ferris TIF District. Purpose: This property will be land banked for future redevelopment. Background: Since the creation of the Lehigh /Ferris TIF District in 2000, the Village has acquired numerous pieces of property for possible future development. The property located at 6410 Chestnut Street recently became 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 $1,050,000; 2. Closing on or before December 18, 2009. 3. The owner shall raze the building and clear the site prior to closing. 4. All leases will be terminated prior to closing. Funds for the purchase and acquisition of this property are contained in the 2009 Budget, in the Lehigh /Ferris TIF District Fund (general obligation bond). Programs, Departments Finance Department, Village Administrator, Legal Department, Community and or Groups Affected: Economic Development Fiscal Impact: $1,050,000 Source of Funds: Funds have been budgeted for in the Lehigh /Ferris TIF District Fund. Workload Impact: Corporation Counsel will handle the closing of this transaction as part of her normal workload. Administrator Approval as presented. Recommendation: Second Reading: Not Required Special Considerations or None Requirements: Administrator Approval Administrator P Y `i�Pil Reviewed b Pre aced b Y Tere §a%loffston, Corporation Counsel Bill Neuendorf, Community & Economic Development Director RESOLUTION 09 -61 AUTHORIZING THE VILLAGE OF MORTON GROVE TO ACQUIRE PROPERTY COMMONLY KNOWN AS 6410 CHESTNUT STREET, 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 fimction pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the property commonly known as 6410 Chestnut Street, Morton Grove, Illinois 60053 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 6410 Chestnut Street, Morton Grove, Illinois 60053 to be land banked as stated above; 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: The Purchase Price $1,050,000; 2. Closing on or before December 18, 2009. The building razed and site cleared prior to closing. All leases will be terminated prior to closing. 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 a contract between the Village and the Mr. Guy Battista for the purchase of property commonly known as 6410 Chestnut Street, Morton Grove, Illinois for the sum of $1,050,000 with a closing to occur on or about December 18, 2009, with additional terms and conditions in substantial conformity with Exhibit "A ". SECTION 3: The Village Administrator, Corporation Counsel and /or their designees are hereby authorized to prepare, execute, and deliver any documents or take any steps necessary to purchase said property pursuant to the contract. 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 26`h day of October 2009. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 26`h day of October 2009. Daniel J. Staackmami, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 27`" day of October 2009. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois CONTRACT FOR THE PURCHASE OF VACANT LAND LOCATED AT 6410 CHESTNUT STREET, MORTON GROVE, ILLINOIS BETWEEN THE VILLAGE OF MORTON GROVE AND GUY BATTISTA 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 Guy Battista ("Seller") hereby agrees to sell that property commonly known as 6410 Chestnut Street, 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 one million fifty thousand dollars ($1,050,000) 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 18, 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 October 23, 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. D Seller represents and warrants the real estate shall be vacant at closing 4) TAX PRORATIONS: 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 Contract for the Purchase of 6410 Chestnut Street Page 2 of 5 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. 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 /or special 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) DEMOLITION: Prior to the closing, the owner shall cause to see the demolition of the structure and all other site improvements including pavement and building foundations. Contract for the Purchase of 6410 Chestnut Street Page 3 of 5 11) MAINTENANCE OF PROPERTY: Prior to the vacancy and demolition of the building, the property (including the building and the grounds) shall be maintained in the same condition as found on the date of the contract, normal wear and tear, excepted. 12) DESTRUCTION OR DAMAGE OF PROPERTY. If prior to the closing, the subject property or any part thereof shall be destroyed or 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. 13) 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. 14) 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: Notices to the Village shall be addressed to Teresa Hoffman Liston, Corporation Counsel, 6101 Capulina Avenue, Morton Grove, Illinois 60053; fax: 847 - 965 -4162. 15) 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 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 Contract for the Purchase of 6410 Chestnut Street Page 4 of 5 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. 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 "Seller" GUY BATTISTA By: Name: Guy Battista Title: property owner Attest: By: Name: Title: 2009 (the Contract date). 'Buyer' VILLAGE OF MORTON GROVE, ILLINOIS By: Name: Daniel J. Staackmann Title: Village President Attest: By: Name: Tony S. Kalogerakos Title: Village Clerk Exhibit A Contract for the Purchase of 6410 Chestnut Street Page 5 of 5 ' ► ► . It = 10 -19- 203 - 022 -0000 10 -19 -203- 023 -0000 10 -19- 203 - 025 -0000 INSERT LEGAL DESCRIPTION HERE Legislative Summary 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 Introduced Objective Purpose Background Programs, Departments or Groups Affected Fiscal Impact Source of Funds Workload Impact Admin Recommend First Reading Special Considerations or R t October 12, 2009 To amend Title 5, Chapter 13, Article M, Section 1 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 pm 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 330 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.: 025017- 563130. 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 egmremen s Respectfully submitted: Joseph F. W de, Village Administrator Prepared by: 1 a Chris Tomich, Village Engineer Reviewed by: Reviewed by: DeMonte, Director Public Works eresa L16f(rVUn Liston, Corporation Counsel ORDINANCE 09 -25 AN ORDINANCE TO AMEND TITLE 5, CHAPTER 135 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 ahome 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 pm 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 ant 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 l 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 pm 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 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 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 26th day of OCTOBER 2009 Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS 26th DAY OF OCTOBER 2009 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 27`h day of OCTOBER 2009 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Ordinance 09 -23 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 _atroduced: 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. rograms, Depts Building and Inspectional Services Village Engineer, and Fire Department r 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: Prepared Teresa Village Corporation Counsel Reviewed by: Ed Hildebrandt, Building Commissioner 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, 1.45 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 Unified 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, 20095 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 pen-nit 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 26'11 day of October 2009 Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 26`h day of October 2009. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 27`h day of October 2009. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois October 12, 2009 Village President Members of the Village Board 6101 Capulina Avenue Morton Grove, Illinois 60053 ATTACHMENT "A" Planning Commission Zoning Board of AT)geals Dear President Staackmann and Members of the Village Board: P m On September 21, 2009, a public hearing was conducted by the Morton Grove Plan Commission, after being published in The Champion newspaper on Septenabei 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 I- iighway, 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. 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. Ile rooted 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 F. Flickinger Municipal Center 6101 Capulina Avenue . Morton Grove Illinois 60053- 2985`�z Tel: (847) 965 -4100 Fax: (847) 965 -4162 ply condominium building. The massing of the buildings is across the street, and the materials will be the same as architectural design extends to all four elevations. similar to the townhomes designed by Lennar, from the adjacent condominium building. The 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 oil their site. She said their association is working to develop a community plan regarding their own show 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 is attached to this P $espefg113 s , ar as J Plan Commission 'act for PC09 -01 report.,. Chairman relative to the seven standards by which a Special Use is evaluated Q:\7oning \plan comet cases \pc09 -01 report.doc Findmas of Fact Listed below are seven standards articulated in Section 12 -16 -4C of the Village ofMorton 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. 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 Conunission 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 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 shalt 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 04 -24 AMENDING TITLE 2, CHAPTERS i THROUGH 18 ENTITLED BOARDSAND COAIMISSIONS Introduction: October 12, 2009 Synopsis: This ordinance will approve miscellaneous text amendments to arnend, 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 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: Joseph . *ad Village Administrator Prepared by� ✓ %i "" Teresa Koffman Lei gait; orporation Counsel ORDINANCE 09 -24 AN ORDINANCE AMENDING TITLE 2, CHAPTERS 1 THROUGH IS ENTITLED BOARDS AND 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 perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village is continuously reviewing and as it deems necessary updating existing Municipal Codes (Code) to assure they are kept current and relevant; and WHEREAS, Village staff and especially Corporation Counsel's office is proposing the following modifications be made to Title 2 of the Municipal Code, such modifications include the following: 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 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 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 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 malting 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. In 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. _ 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. P. 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. The board shall consist of 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 tern, 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 -1�, 5 -22 -1995; amd. Ord. 00 -21, 8 -14 -2000) . (Ord. 95 -15, 5 -22- 1.995; amd. Ord. 00 -21, 8 -14 -2000) 2 -2 -2: INTENT AND PURPOSE: The intent and purpose of the Board of Envirommental 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 enviromnental 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 arnendment 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. CHAPTER 3 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 fnish 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 there 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 officiall 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 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: I. 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 Sectiontl5 Authorized Variations, only if they are part of 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 Teasonable 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. lorM :I ECONOMIC DEVELOPMENT COMMISSION 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* Thereis 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 tern, 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 environinent. (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 plamning 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 Estabiisl1ed, 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) 1 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 anc_Lcommunity 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 aperiod of three (3) years ' B. Meetings. The committee shall t7ot 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 II 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 terns, 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 tern for a member who has been removed, has resigned, or is otherwise unable to finish his /her teen, 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 -1i 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 permits as provided for in Section] 2 -16 -213 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; amd. 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 -20 . 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, Landscapes and Trees, and Chapter 12 -12, Design Standards of the Municipal Code. F. 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, Tenn 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 may 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 liaison between 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 fora 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 acid 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 reconnnendations to the President and Board of Trustees as to the enactment of ordinances or amendment of existing ordinances regarding traffic safety. F. 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 of 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 teen 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 Village's 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 26th day of October 2009. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 261h day of October 2009. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 27th day of October 2009. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois