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HomeMy WebLinkAbout2009-11-09 AgendaAGENDA VILLAGE OF MORTON GROVE MEETING OF THE BOARD OF TRUSTEES TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER November 9, 2009 Meeting 7:00 pm 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes — Special Meeting -- October 21, 2009 Regular Meeting — October 26, 2009 5. Public Hearings 6. Special Reports a. Plan Commission Case PC09 -05 Requests a Special Use Permit to Construct a Commercial Wireless Antemia Installation and Associated Ground- Mounted Equipment at the Address Commonly Known as 8323 Nagle Avenue will be Presented by Plan Commission Chairperson Dwight Roepenack 7. Resident's Comments (agenda items only) 8. President's Report — Acbninistration, Northwest Municipal Conference, Council of Maiyojs, TIP Committee, Capital Projects, .deal Estate Connnuttee a. Report From Kristina Otte referencing the Farmers' Market status 9. Clerk's Report — Legal, Cable and Teleconnnunications Conunission 10. Staff Reports a. Village Administrator 1) Dempster street Status Report Presentation 2) Budget Meeting Announcement, 7 :00 p.m., November 1 I 3) Solid Waste Advisory Committee Meeting Armounecment, 5:30 p.m., November 12 b. Corporation Counsel 11. Reports by Trustees a. Trustee DiMaria Coazlnzuzzity and Economic Development Departznc>nt, 1,Faz_ckegan Road TIF Revievv, Co nprehensive Plan, Real Estate Committee, Lehigh /Ferris TIF Review, Economic Development, Dempster Street Corridor Plan (Trustee Thill) 1) Resolution 09 -62 (Introduced November 9, 2009) Authorization to Execute a Contract With G & L Contractors, Inc. for the Demolition and Removal of Vacant Structures in the Lehigh/Ferris Redevelopment District 2) Resolution 09 -64 ( Introduced November 9, 2009 — First Reading) Authorizing a Contractual Agreement With S.B. Friedman and Company For Preparation of Feasibility Analysis For A Public Parking Garage Within the Lehigh /Ferris Tax Increment Financing (TIF) Redevelopment Project Area b. Trustee Gomberg -- Finance Department, Community Relations Conanaission, Finance Advisory Connnission, Northwest Municipal Conference, Condonu'nium Association (Trustee Toth) 1) Ordinance 09 -28 (Introduced November 9, 2009 — First Recycling) An Ordinance Providing for the Issuance of a Taxable General Obligation Refunding Installment Note, Series 200913, of the Village of Morton Grove, Cook County, Illinois and Providing for (lie Levy and Collection of a Direct Annual Tax for the Payment of the Principal Of and Interest on Said Note. C. Trustee Grear — Fire Department, Emergency Management Agency, RED Center, NIPSTA, Police and Fire COrlarniSSiOn (Trustee D Maria) d. Trustee Marcus — Family and Senior Services Department, Police Department, Environmental Health, Police and Fire Commission, IT Conanunications, Chamber of Commerce (Trustee Goinberg) 1) Ordinance 09 -26 (Introduced October 26, 2009 — Second Reacting) Amending Title 5, to Add a New Chapter 2A Entitled "Automated Traffic Law Enforcement System„ C. Trustee Thill — Public Works, Capital Projects, Traffic Safety Conanzission, Natural Resource Conunission, Solid 11'aste Agency= of Northern Cook Coun4,, Advisor -v Commission on Aging (Trustee Marcus) i Trustee Toth — Building Department, Appearance Commission, Capital Projects, Plan ConvnissionlZoningBoard ofAppeals (Trustee Grecrr) 1) Ordinance 09 -29 (Introduced November 9, 2009) Granting a Special Use Permit in the Village for Property Located at 8323 Nagle Avenue for a Commercial Wireless Antenna Installation 2) Resolution 09 -65 (Introduced November 9, 2009) Authorization to Execute a Contract With Action Mechanical, Inc., To Replace The 50- Ton Air Conditioning Compressor at 6101 Capulina Avenue 12. Other Business 13. Presentation of Warrants - $1,978,463.59. 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 acconnnodations in order to observe and /or purticipate in this ineeting or who have questions regarding the accessihility of'these facilities, are requested to contact Susan or Marlene (8471470 -5220) prornptlt" to allow the Village to make reasonable accommodations. MINUTES OF THE OCTOBER 219 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 pm by Mayor Daniel J. Staaekmann who led the assemblage in the pledge of allegiance. Clerk Kalogerakos called the roll. In attendance were: Elected Officials: President Daniel Staackmann, Trustees Dan DiMaria, Larry Gomberg, William Grear, Sheldon Marcus, John Thill, and Village Clerk Tony Kalogerakos Absent: Trustee Maria Toth 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, Public Works Division Superintendent Joe Dahm, Public Works Division Superintendent Paul Tobin, Village Engineer Chris Tomich, Police Chief Mark Erickson, Police Commander Brian Fennelly, Police Commander Norman Stromberg, Family and Senior Services Director Jackie Walker O'Keefe, Network Administrator Boyle Wong, Building Commissioner Ed Hildebrandt, and Fire Chief Tom Friel Also Present: Members of the press and public Mr. Wade began the presentation by stating tonight's Budget Workshop would review various funds and revenue projections. Mr. Horne then introduced Andy DeMonte who explained the revenue and expenditure projections in the Village's Enterprise Fund. The Enterprise Fund is comprised of the Village's Water Division, Sewer Division, and Water /Sewer Administration Division. There are two projects scheduled for 2010. The painting of the North Station water tower, at a cost of $367,000 and replacing the water main on Dempster Street at a cost of $1,721,000. It was noted that $863,000 of the Dempster Street cost will be paid from the Lehigh/Ferris TIE Fund, and $858,000 would be paid from the Enterprise Fund. With these expenditures, the 2010 Enterprise Fund total expenditures will exceed total revenues by $1,427,768 resulting in the use of all the Enterprise Fund's cash reserves. If necessary to maintain fiscal solvency, Mr. DeMonte noted that the Enterprise Fund Budget could be reduced in the amount of $261,000 by deferring the purchase of water meters and transmitters, valve replacements, pick -up trucks, plows, and sewer line linings. Mr. DeMonte also noted the past two years have resulted in some of the lowest sales of water since records have been maintained in 1962 due to extremely wet springs and summers and moderate temperatures. Mr. DeMonte suggested the Village revisit the study performed in 2008 and consider rate increases and /or the issuance of bonds so needed capital improvements can be completed. Mr. DeMonte stated the Village's Capital Improvements would be limited to the Dempster Street streetscape and water main. Approximately $30,000 had been budgeted for repairs to the Beckwith Bridge as mandated by the State. Also, the Village will not outsource to fill potholes, instead Public Works employees will do this work. Responding to questions regarding the Five Year Capital Projects Plan, Mr. DeMonte and Mr. Wade stated while the plan is in place, there is not sufficient revenue to support this plan. Mr. DeMonte did note there are funds available to pay the Village's share of state projects which have or will soon be completed. Responding to additional questions, Mr. DeMonte stated the Dempster Street improvements are moving forward and the only question is when. He expected bids to be out in March and contracts to begin in May or June. Mr. Tomich noted the Village needed to acquire certain . rights -of -way from private property owners. He also stated, even though the State has authorized quick take authority, the process may take seven (7) months. Mr. DeMonte then explained the Village's Motor Fuel Tax Fund. He provided historical context stating the Motor Fuel Tax was imposed throughout the state for operating motor vehicles on public highways and recreational watercraft on waterways in the State of Illinois. The tax is paid by distributors and suppliers who collect the tax from customers. Taxes are then redistributed to municipalities on a per capita basis. Based on estimates from the Illinois Municipal League, the Village of Morton Grove will receive $25.60 for each Village resident for 2010. Currently there are 22,451 which will result in a payment to the Village of $574,745.60. Trustee Thill noted this formula underscores the need to get everyone registered for the 2010 Census. The Village's Motor Fuel Tax Fund has dropped dramatically since 2007 when the Village received approximately $641,325 in Motor Fuel Tax funds. Based on this, the Village will in 2010 receive approximately $66,000 less than it received in 2007. Because of this decline in revenue, the Village has reduced its transfer from the Motor Fuel Tax Fund to the General Fund by $89,500 and has eliminated the Outsourcing Patching Program. It has also reduced its purchase of concrete. During the last three years, the Motor Fuel Tax Fund has operated at a deficit, mostly due to the cost of salt. In response to questions, Mr. DeMonte said the salt dome is full and he does not anticipate purchasing salt until January 2011. Ryan Horne then reviewed the Village's Projected Revenue. As of October 21, 2009, projected revenues for 2009 stand at $21,462.71. Projected expenses stand at $23,228,666, leaving a projected deficit of $1,766,595. While this is not good news, it is better than the Village's original $3 million projection. The Village's revenue has declined significantly over the past two years. In 2007, the Village received revenue in the anlount of $25,307,000. In 2008, revenue was received in the amount of $23,194,000. The declining revenues come from three main sources - decreased revenue from real estate transfer taxes and building permits, decreased sales tax income, and decreased income taxes. Mr. Wade stated in 2010, the Village expected to receive $1 million less from transfer taxes and building permits than it received in 2006. Likewise, the Village expected to receive sales taxes in 2010 in the amount of $3,700,000 compared to 2006 sales tax revenue in the amount of $4,395,000. The Village expected to receive its share of state income tax in the amount of $1,728,727 compared to $1,839,485. The total decline in sales tax and income tax is approximately $800,000. Mr. Home then explained how revenue projections were calculated. Some information comes from estimates received from the Illinois Municipal League and some comes from trending five year averages. Based on revenue projections and budged expenses to date, the Village expects the deficit for 2010 to be $3,253,275. The Village's current unrestricted find balance is projected to be as of January 1, 2010, in the amount of $6,736,330. With a deficit of $3,253,275 taken from the fund balance, the fund balance as of December 31, 2010 would be $3,483,055 or 14.13% of the Village's total General Corporate Operation and Maintenance Fund. The Village has a policy of maintaining a fund balance of 25 %. Mayor Staackmann asked for questions from the Board and there were none. He then asked for questions from the audience and there none. Thereafter, Trustee DiMaria moved to adjourn to Executive Session to discuss personnel issues, and the purchase and sale of Village owned real estate. The motion was seconded by Trustee Thill and approved unanimously pursuant to a roll call vote at 7:44 pm. At the close of the Executive Session, Trustee Di Maria moved to adjourn the Special Meeting. The motion was seconded by Trustee Gomberg and approved unanimously pursuant to a voice vote at 10:11 pm. Minutes by: Tony S. Kalogerakos Special meeting minutes. 10-21-09 I &II. CALL TO ORDER /PLEDGE OF ALLEGIANCE Village President Daniel J. Staackmann called the meeting to order at 7:00 p.m. After leading the assemblage in the Pledge of Allegiance, he directed the Village Clerk to call the roll. 111. 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 October 7, 2009, special meeting, Trustee Marcus moved, sec- onded by Trustee DiMaria, to approve the minutes as presented. There was no discussion. Motion passed unanimously via voice vote. Regarding the minutes of the October 12, 2009, special meeting, Trustee Marcus 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 October 12, 2009, regular meeting, Trustee DiMaria moved, seconded by Trustee Toth, to approve the minutes as presented. There was no discussion. Motion passed unanimously via voice vote. V. PUBLIC HEARINGS NONE VI. SPECIAL REPORTS NONE VII. RESIDENTS' COMMENTS (Agenda Items Only) Eric Poders, 7940 Foster - Mr. Poders expressed concern that there were no dollar amounts in Ordinance 09 -26. He also asked about whether the Village was installing the red light cam- eras for revenue or because of accidents at the designated intersections. Mayor Staackmann felt Mr. Poder's answers would be answered when the ordinance was presented and the Po- lice Department made a small presentation. _.... _ Minutes of ©ctober 26, 2D69Board Meeting VIII, PRESIDENT'S REPORT a. Mayor Staackmann presented and sought concurrence with the following board /commission appointments: Nancy Brothers to the Advisory Commission on Aging, for a three year term. Trustee Thill moved to concur with the appointment, seconded by Trustee Marcus. There was no discussion. Motion passed unanimously via voice vote. Mayor Staackmann then stated there was a nice article this week in the Tribune which high- lighted Morton Grove as a great community in which to live. He thanked staff for working hard to make Morton Grove such a great village. IX. CLERK'S REPORT Clerk Kalogerakos had no formal report; however stated he was liaison to the Cable and Telecommunications Commission and as such wanted to announce a new community pro- gramming schedule. These programs will be aired to better inform residents about - Village services. This month, fire prevention and safety from the Fire Department, and crime preven- tion from the Police Department will be featured. in time, all the various departments will have segments. Last month a bus tour focused on street repair, the Dempster Street resurfacing, and the Public Works pumping station. This programming will run on Monday, Wednesday, and Friday at 12 noon, on Tuesday and Thursday at 6:00 pm, and on Saturday and Sunday at 9:00 am. Clerk Kalogerakos also encouraged residents to visit the Village's website when seeking information and to sign -up for the Village's e- newsletter. X. STAFF REPORTS Village Administrator Mr. Wade announced the fourth Budget Workshop is scheduled for 7:00 pm on No- vember 3, 2009, to discuss the Village's 2010 revenues and expenditures. A budget book should be available at that time for the Board to review. Mr. Wade also an- nounced the next Solid Waste Advisory Committee meeting would be held at 5:30 pm on November 3, 2009 to discuss the commercial and institutional solid waste services agreement and the preparation of a Request for Proposal for the residential and com- mercial solid waste services contract. Corporation Counsel Corporation Counsel had no formal report. XI. REPORTS BY TRUSTEES a. Trustee DiMaria 1) Trustee DiMaria presented Resolution 09 -59, Authorizing the !tillage to Ac- quire Property Commonly Known as 8720 -26 Ferris Avenue. Trustee DiMaria stated a contract was negotiated for a purchase price of $625,000. The closing will occur on or before April 30, 2010, and tenants will be vacated before the closing. .. Minutes of October 26, 2009: Board Meeting! Funds for this purchase come from the Lehigh /Ferris TIF Fund and Corporation Coun- sel will handle the closing as part of her normal workload. There was no discussion, however, Trustee Marcus stated he was a tenant in this building and would abstain from voting. Trustee DiMaria moved, seconded by Trustee Thill, to approve Resolution 09 -59. Mo- tion passed: 5 ayes, 0 nays, 1 abstain. Tr. Di la aye Tr. Gomberg aye Tr. Grear a ee Tr. Marcus abstain Tr. Thill acre Tr. Thill aye Tr. Toth acre 2) Trustee DiMaria presented Resolution 09 -60 authorizing the Execution of a Contract with McDonough Associates, Inc. for the Dempster Street Water Main Improvements. Due to an anticipated delay associated with obtaining federal funding for the roadway improvements /paving, acquiring additional right -of -way necessary for the roadway improvements, and investigating the disposition and future handling of ex- isting soil to be excavated, it is strategically practical to separate the roadway construc- tion from the water main construction since this portion of the project is already fully funded with Village funds. This separation will require additional engineering; how- ever, since this is being done, staff recommended the water main installation be ex- tended to the river on the western terminus. In answer to a brief question raised by Trustee Thill, the scope of this work is at a not to exceed amount of $83,832.08 for the water main design and construction engineering. It is anticipated there will be a Janu- ary 2010 letting with funds coming from the 2010 and 2011 Village Budget. There was no discussion. Trustee DiMaria moved, seconded by Trustee Toth, to approve Resolution 09 -60. Mo- tion passed: 6 ayes, 0 nays. Tr. DiMaria ale Tr. Gomberg aye Tr. Grear aye Tr. Marcus aye Tr. Thill acre Tr. Toth aye 3) Trustee DiMaria deferred the presentation of Ordinance 09 -26 Amending Ti- tle 5, to Add a New Chapter 2A Entitled Automated Traffic Law Enforcement Sys- tem (ATLES System) for a first reading to Trustee Marcus who is the liaison to the Police Department. Trustee Marcus stated this system will produce recorded images of violators who enter specific intersections against a red signal indication. These cameras will help reduce violations, prevent crashes, avoid injuries, and positively change drivers' behavior and save lives. Cities using these cameras have reported accident reductions of between 20% and 80 %. Violators will face a $100 fine if paid within 30 days or a $200 fine if paid thereafter. The Village will give warning notices to violators for thirty days following the installation before issuing the citations. This or- dinance will appear for its second reading on the November 9, 2009, Agenda. Police Chief Mark Erickson stated he and Police Officer Ken Vanderhagen have been working on a contract for the ATLES System with American Traffic Solutions. They like this company because the Morton Grove Police Department will have the final and only say on whether a ticket is issued for a violation of this type. Chief Erickson stated there is very little risk to the Village and this type of system has helped with traffic and public safety elsewhere. It has even shown to be effective when other crimes are in progress because of its recording capabilities. There is no installation cost but there .. Minutes of October 26, 2009 Board Meeting . will be a small monthly fee. He stated law enforcement's future is automated. Skokie and Lincolnwood are also installing the same type of equipment. Cameras in Morton Grove may be installed at Dempster and Waukegan, Golf and Waukegan, and Demp- ster and Central. b. Trustee Gomberg 1) 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 a second 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, limits on po- litical donations, maintenance of confidential information and other considerations. This ordinance also incorporates the Gift Ban Act. All elected officials and members of the Village's Boards and Commissions will also have the option of signing the Village of Morton Grove's Code of Ethical Conduct. Trustee Gomberg moved, seconded by Trustee DiMaria, to approve Ordinance 09 -20. Trustee Thill expressed some concern over the section on political activity. Corpora- tion Counsel stated these sections are the same as in the State of Illinois Statute which prohibits certain political activities during Village compensated time. This is specifically outlined in 1 -8 -11A Prohibited Political Activity, and 1- 8 -11E, Prohibited Po- litical Activity, number 3. Trustee Marcus also expressed concern but felt more comfortable with Corporation Counsel's explanation. He felt the Code of Ethics was a good thing and would help residents know their officials have integrity. Mayor Staackmann then called for the vote. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aye Tr. Grear aye Tr. Marcus a rye Tr. Thill aye Tr. Toth acre 2) Trustee Gomberg presented Resolution 09 -61, Authorizing the Acquisition of Property Commonly Known as 6410 Chestnut Street. This parcel is being ac- quired for future development in the Lehigh /Ferris TIF District. A contract has been negotiated for a purchase price of $1,050,000 which includes the razing of the building, clearing of the site, and termination of all leases. The closing will occur on or before December 18, 2009. Funds for this purchase come from the Lehigh /Ferris TIF Fund and Corporation Counsel will handle the closing as part of her normal workload. Trustee Gomberg moved, seconded by Trustee Toth, to approve Resolution 09 -61. Trustee Marcus was in support of this purchase. He asked for clarification on whether TIF funds could be used only for purchasing TIF properties. Mr. Wade stated by State law, TIF funds could only be used for TIF properties unless, there is a reasonable in- frastructure improvement that would directly affect the TIF area. Then TIF funds could be used. The example he used was the Dempster water main because it will service the Lehigh /Ferris TIF area. Mayor Staackmann then called for the vote. Motion passed: 5 ayes, 0 nays, 1 abstain. ....... Minutes of Dctpber26, 2009 Board Meeting: Tr. DiMaria abstain Tr. Gomberg Tr. Gomberg acre Tr. Grear aye Tr. Marcus aye Tr. Thill aye_ Tr. Toth aye Trustee Gomberg stated the next Condominium Association meeting would be at 7:00 pm on Wednesday, October 28, 2009, here at Village Hall. C. Trustee Grear Trustee Grear had no formal report. He wished Police Chief Mark Erickson a happy birthday since his birthday was tomorrow. The Board congratulated Chief Erickson with a round of applause. d. Trustee Marcus Trustee Marcus had no additional report beyond Ordinance 09 -26 which he earlier presented. e. Trustee Thill 1) 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 second 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 en- trance 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 disabled 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 estimated cost for the new signage at this location is $50. There was no discus- sion. Trustee Thill moved, seconded by Trustee Marcus, to approve Resolution 09 -25. Mo- tion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aye Tr. Grear aye Tr. Marcus aye Tr. Thill acre Tr. Toth acre Trustee Thill stated last Saturday he was at Oakton Community College wherein 100 volun- teers worked in the wooded area around the campus. He then attended the annual Park Dis- trict Halloween Party. He stated there were more than 80 volunteers and was pleasantly sur- prised at what a good time everyone had. He thanked the Park District for their hard work to bring this event to the community children. 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 sec- ond reading. This Planned Unit Development (PUD) will allow for a 33 unit town home development in lieu of the original condominium building. The multi -use structures will Minutes of October 26, 2099 Board Meeting encompass six buildings and is actually a better project than the original proposed con- dominium building at the former Schwarz Paper Company property. This PUD in- cludes seventeen more parking spaces, a green outdoor seating area, and plantings similar to the surrounding condominium buildings. A condition was also added to pro - vide denser landscaping between the Woodlands and this proposed development since there was concern over the differential in elevation. Concerns had been ex- pressed concerning storm water detention and that has also been addressed by the installation of an oversized underground pipe. There was no discussion. Trustee Toth moved, seconded by Trustee Thill, to approve Ordinance 09 -23. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aye Tr. Grear ave Tr. Marcus aye Tr. Thill afire Tr. Toth aye 2) Trustee Toth presented Ordinance 09 -24, Amending Title 2, Chapters 1 through 18 entitled "Boards and Commissions ", for a second reading. Miscellane- ous 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 these changes also help to make Board procedures consistent and clarify the Boards' and Commissions' powers and duties. There was one minor change made to the Board of Environmental Health. Membership will now be seven instead of from nine to 12 members. There was no discussion. Trustee Toth moved, seconded by Trustee Grear, to approve Ordinance 09 -24. Trus- tee Grear thanked everyone particularly Corporation Counsel for their hard work on this ordinance. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aye Tr. Grear aye Tr. Marcus aye Tr. Thill aye Tr. Toth aye XII. OTHER BUSINESS I►[0701� XIII. WARRANTS Trustee Gomberg presented the Warrant Register for October 26, in the amount of $727,958.62. He moved to accept the Warrants, seconded by Trustee Marcus. Trustee Thill then questioned several items on the warrant list which were answered by various Department Directors. Trustee Marcus questioned the bill for GIS Partners, Inc. Mr. DeMonte responded it was a monthly bill the Village received for mapping system services. The GIS is used Vil- lage wide by all the departments and Village residents can access this system by entering through the Village's website. There being no additional questions, Mayor Staackmann called for the vote. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aye Tr. Grear aye Tr. Marcus aye Tr. Thill aye Tr. Toth aye Minutes of October 26, 2DD9 Board MeeGn` XIV. RESIDENTS' COMMENTS Rudy Firenza, 7628 Lake — Mr. Firenza thanked the Mayor for the answers to his previous questions. He stated he had additional questions about what has not been answered and new questions that he wanted to ask. Mayor Staackmann reiterated flooding questions would not be answered until the end of the first quarter of 2010. A meeting would be arranged with Public Works Director Andy DeMonte to hopefully resolve some of Mr. Firenza's issues. Patty Owens, 8719 Ferris — Ms. Owens expressed concerns over a lack of concern for her various problems. She stated she was having problems with not only her landlord but with Nicor, Commonwealth Edison, and the Village. She stated the only help she received was from the Fire Department. Mayor Staackmann stated a follow -up meeting would be held at 5:00 pm on Wednesday, October 28, 2009 in the Mayor's Conference Room, to hopefully work out some of Ms. Ownes concerns. Mr. Hildebrandt along with Trustee Toth would also attend this meeting. XV& ADJOURNMENT /EXECUTIVE SESSION XVI. There being no further business, Trustee Marcus moved to adjourn the Regular Board Meet- ing, seconded by Trustee DiMaria. The motion passed unanimously via voice vote. The Board Meeting adjourned at 7:59 pm. PASSED this 91h day of November 2009. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED by me this 9th day of November 2009. Daniel J. Staackmann, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 10th day of November 2009. Tony S. Kalogerakos, Village Clerk Village of Morton Grove, Cook County, Illinois Minutes by Susan Lattanzi November 9, 2009 ea Planning Commission Zoning Board of n s Village President Members of the Village Board 6101 Capulina Avenue Morton Grove, Illinois 60053 Dear President Staackmann and Members of the Village Board: On October 19, 2009, a public hearing was conducted by the Morton Grove Plan Commission, after being published on October 1, 2009 in the Champion newspaper, a slam 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 -05, wherein the applicant, SAC Wireless, LLC on behalf of Clearwire, 635 Remington Road, Schaumburg, Illinois 60073, requested a Special Use Permit to construct a commercial wireless antenna installation and associated ground- mounted equipment at 8323 Nagle Avenue. Ms. Bonnie Jacobson, Planner, introduced the case for the Village. She noted there arc several other antenna installations on the existing tower on this site, which is in a somewhat remote location of the Village. She suggested that due to the remote nature of the site, a variation be granted front the landscaping /screening requirement, as was done for the other antenna installations. She added that none of the Village staff had comments or concerns and that the Appearance and Traffic Safety Commission waived review. Mr. Tony Phillipps of SAC Wireless represented the applicant. Ile explained that Clearwire is a division of Sprint and provides a backhaul service and provides a system for wireless connections. The proposed system is a microwave antenna system with a ground- mounted cabinet at the base, and meets all FCC requirements for these facilities. The Plan Commissioners questioned the applicant with regard to power output, antenna size, and the structural integrity of the tower. The applicant responded that the power output was minimal, the antennas range from two feet to thirty inches in diameter, and file tower is structurally sound or the antennas would not locate there, Mr. Hildebrandt, Building Commissioner, added that the structural report for the tower and antennas are submitted and evaluated with the building permit. 'There were no interested or concerned parties regarding this case. Commissioner Roepernaek moved, and Commissioner Gabriel seconded, to approve a special use permit for the construction of a commercial wireless antenna system and associated ground- n;ounted equipment at 8323 Nagle Avenue, subject to the following conditions: Richard I € lickinger Municipal ('enter 6101 Capulina Avenue o Morton GlOve, Illinois 60053 -''985 Tel: (847) 965 -4100 Fax: (847} 965-4162 1. That the proposed antenna installation and ground- mounted equipment be accordance with the site plan and elevations dated 06119/09; 2. That a variation be granted from Section 12- 3 -6 -C1 of the Village of Morton Development Code regarding screening, landscaping and fencing; and 3. That all other codes and ordinances be met. The motion passed: Yes — 5, No — 0, Absent — 2. The Voting constructed in Grove Unified Chairman Farkas Yes Commissioner Blonz Yes Commissioner Dorgan Absent Commissioner Gabriel Yes Commissioner Gattorna Absent Commissioner Roepenack Yes Commissioner Shimanski Yes The Findings of Fact for PC09 -05 relative to the seven special use standards by which a special use is evaluated is attached to this report. Re�pe tfully Ronald Fkkas / Plan Commission Chairman Q: \Zoning \plan coma cases \pc09 -05 report.doc Findings of Fact Listed below are seven standards articulated in Section 12 -16 -4C of the Village of Mordon Grove Unified Development Code upon which the Plan Commission based its decision. morals or general welfare. around the complex 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. around the complex and the The Plan Commission concluded that the public welfare would not be endangered by the proposed installation. the area is already screened by a fence around the complex 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 proposed antenna installation will not be injurious to the use and enjoyment of surrounding property. The property is in an industrial zoning district surrounded by industrial uses. The antennas will be mounted on an existing microwave tower and will be barely visible. The ground equipment will be on a pad adjacent to the structure. 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 proposed installation is on an existing tower in an existing built -out industrial area that is not planned for redevelopment. Thus, orderly development is not impeded. 4. Adequate Facilities — Adequate utilities, access roads, drainage and other necessary facilities are in existence or are being provided. The proposed Special Use is on an existing tower where adequate facilities are ah-eady present. adjacent cabinet and the area is already screened 5. Traffic Control — Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the public streets. The proposed use of the subject site should not draw substantial amounts of traffic on local residential streets. The proposed antenna installation requires once a month service and thus will not affect traffic or cause congestion. The Traffic Safety Commission waived review of the case due to minimal traffic impact. 6. Adequate Buffering — Adequate fencing and /or screening shall be provided to ensure the right of enjoyment of surrounding properties to provide for the public safety or to screen parking areas and other visually incompatible uses. No landscaping or screening is necessary since the equipment is stored in an adjacent cabinet and the area is already screened by a fence around the complex and the Forest Preserve. 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- I6 -3AI, may be considered by the Plan Commission and the Village Board of Trustees as a part of the special use permit. The proposed installation will be required to adhere to all pertinent Village codes and ordinances. ConldCVAH:On in gAplancom \pc09 -05 findings of fact November 2, 2009 Mr. Dan Staackman Village President Village of Morton Grove 6101 Capulina Morton Grove, Illinois 60053 Re: Clearwire IL- CHI0116 8323 Nagle Request Waive of Second Reading Dear Mr. Staackman; Clearwire (a division of Sprint) is seeking all necessary approvals for the co- location of wireless Telecommunication equipment on the existing tower at 8323 Nagle. Clearwire is proposing to locate its dish antennas at approximately the 110' level on the existing 175' self - support lattice tower with a 4'x 2.5' equipment cabinet on Tx 6' steel platform to be located within the existing American Tower owned parcel. The Clearwire facility is unmanned and will require service approximately once a month, by a single technician in a pick-up/van sized vehicle. On October 19th, the Plan Commission unanimously recommended our petition for approval. The next hearing will be the November 9" Village Board. It is at that time we respectfully request that you waive the Second Reading to help Clearwire make this site available for the December Launch. On behalf of Clearwire, SAC Wireless, LLC would like to thank the Village of Morton Grove for continued support in our projects. Should you have any questions, please do not hesitate to contact me. Zoning Manager SAG Wireless, LLC — Representatives for Clearwire Site development, Architecture & engineering, Construction 635 East Remington Road, Schaumburg, IL 60173 T 847.944.1622 F 847.991.5707 tony.phillips@sacw.com Legislative Summary Resolution 09 -62 __ AUTHORIZATION TO EXECUTE A CONTRACT WITH G & L CONTRACTORS, INC. FOR THE DEMOLITION AND REMOVAL OF VACANT STRUCTURES IN THE LEIHGH/FERRIS REDEVELOPMENT' DISTRICT Introduced November 9, 2009 Synopsis: To authorize the Village President to execute a contract with G & L Contractors, Inc., for the demolition and removal of structures in the Lehigh/Ferris TIF Redevelopment District. Purpose: Properties have been acquired to further the Village's goal of bringing reinvestment to the areas around the train station. These buildings are currently in a state of disrepair and they pose a possible threat in their vacant condition. The demolition will improve the safety and appearance of the property until complete redevelopment of this site is initiated. Background: The Lehigh/Ferris Tli Redevelopment District was established in 2000 in an effort to bring new development to the area. Since that time, the Village has acquired property in an effort to assemble sites suitable for redevelopment. In their current vacant condition, the structures have little value and pose a possible safety threat due to disrepair. Programs, Departments Community & Economic Development, Building, Public Works or Groups Affected Fiscal Impact: The estimated contact value is 5129,900.00 Source of Funds: Tax increment from Lehigh - Ferris TIT District - Account No.: 151099 - 571070, Workload Impact: The Community and Economic Development division will manage and oversee the work (with assistance from other divisions) as part of their normal work activities. Administrator Approval as presented. Recommendation: I First Reading: ( November 9, 2009 Special Considerations or None Requirements: Respectfully submitted: Joseph F. Wade, Village Administrator Prepared by: Reviewed by: ___ William Neuendorf, Comm and Econ Develop Director Teresa Hoffman Liston, Corporation Counsel RESOLUTION 09 -62 AUTHORIZATION TO EXECUTE A CONTRACT WITH G & L CONTRACTORS, INC. FOR THE DEMOLITION AND REMOVAL OF VACANT STRUCTURES IN THE LEHIGH/FERRIS REDEVELOPMENT DISTRICT WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule runt 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 governnent affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Lehigh/Ferris Tax Increment Financing (TIF) Redevelopment District and Plan was established in 2000 to encourage redevelopment of the underutilized sites near the train station; and WHEREAS, the Village has assembled several properties in the district including properties located at 6400, 6401, and 6420 Chestnut Avenue, 8550 Ferris Avenue, and 8733 Narragansett Avenue; and WHEREAS, these structures are currently vacant and pose a possible threat to the safety, health, and welfare of the citizens of the Village of Morton Grove; and WHEREAS, the Village prepared a bid specification dated September 18, 2009, describing the scope of the proposed work and posted this bid specification and invitation to bid on the Village's website; and WHEREAS, the bid specifications were distributed to at least 20 companies; and WHEREAS, fifteen (15) sealed bids were received, publicly opened and read in the Village's Council Chambers, 6101 Capulina Avenue at 11:00 a.m. on Friday, October 16, 2009, with the bid results as follows: ; and Base Bid Alternate Total Albrecht Ente r ses, Inc. Des Plaines, IL $133,799 $241888 $15807 American Demolition Con), Elgin, IL $163,500 $40,300 $203,800 Beehstein Construction Corp. Tinley Park IL $13900 $4000 , $179,000 Brandembur hnustrial Service Co. Chicago, IL $18405 $28,958 $213,843 Champion Environmental Services, hie. Gilberts, IL $197,000 j $27,500 $224,500 DMD Services Northlake, IL $134,262 $41,750 $176,012 Galaxy Environnnentai Chicago, IL $235,599 $48,600 $284,199 ' G & LContiactors, hie. Skokie, IL $129,900 $39,900 $169,800 Impactor, Inc. Schaumburg, IL $67;900 no bid $67,900 Johler Demolition, Inc. Elk Grove, IL $149,000 $27,795 $176,795 Meridian Industrial Service Corp. Lake Bluff, IL $164,900 $57,000 $221,900 Midwest REM Enter rises, hie. Melrose Park, IL $258362 $48,110 $3061472 National Wrecking Company Chicago, IL $72,900 $239,200 N. F. Demolition_ _$166,300 IL $194,000 no bid $194,000 -1 RAMSCO I _Cicero, St. Charles, IL $169,955 ; $34,000 $203,955 ; and WHEREAS, the Village intends to complete this work in the winter months and to redevelop most of these sites in the near future thus rending the alternate bid for soil and seed impractical; and WIZEREAS, the lowest bidder Impactor, Inc., was thoroughly evaluated by Village staff and deemed to not be the lowest responsible bidder; and WHEREAS, the next lowest bid for demolition only was submitted by G & L Contractors, Inc. of Skokie, Illinois; and WHEREAS, G & L Contractors, Inc. has previously completed work in the area in a responsible and satisfactory mamler and this bid is deemed to best satisfy the objectives and scope of this project; and WHEREAS, the qualifications and availability of G & L Contractors, Inc. have been verified; and WHEREAS, the costs associated with the demolition are eligible to be paid from proceeds from the 2007 bond issue related to the Lehigh- Ferris TIE Redevelopment District; and WHEREAS, the demolition of these structures was anticipated and funding for this work is included in the Village of Morton Grove 2009 Adopted Budget in Account Number 151099 - 571070. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village President is hereby authorized to execute and the Village Clerk to attest to a contract with G & L Contractors, Inc., 7401 N. St. Louis Avenue, Skokie, Illinois 60076, based upon their bid for the demolition and removal of the structures in an amount not to exceed $129,900.00. SECTION 3: That this Resolution shall be in full force and effect upon its passage and approval. PASSED this 9"' day of NOVEMBER 2009 Trustee DiMaria Trustee Gomberg Trustee Marcus Trustee Staackniam Trustee Thill Trustee Toth APPROVED by me this 9r`� day of NOVEMBER 2009 Daniel D. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 10''' day of NOVEMBER 2009 Tony Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Leuislative Summary -- Resolution 09 -64 AUTHORIZING A CONTRACTUAL AGREEMENT WITH S. B. FRIEDMAN AND COMPANY FOR PREPARATION OF A FEASIBILITY ANALYSIS FOR A PUBLIC PARKING GARAGE WITHIN THE LEHIGH /FERRIS TAX INCREMENT FINANCING (TIF) REDEVELOPMENT PROJECT AREA Introduced: Synopsis: Purpose: Background: Department Affected: Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: Respectfully submitted: November 9, 2009 This Resolution authorizes the Village President to execute a contract with S.B. Friedman and Company to analyze the economic feasibility, management options and preliminary financing plan for apublic parking garage near the Mena train station. It also authorizes the Village Administrator to coordinate the implementation of consulting tasks as needed. The development expertise of S.B. Friedman & Company is necessary to achieve the long- term goals and objectives of the Lehigh/Ferris Redevelopment Subarea. The Village has retained and utilized the services of S.B. Friedman and Conmpany for strategic planning and needs assessments within the Lehigh/Ferris TIF District since 2003. Village staff recommends that S.B. Fredman and Company be retained to conduct a detailed feasibility analysis to better understand the market demand potential development costs, economic feasibility, management and operational options, and preliminary financing plans for a potential parking garage to serve community and local businesses. S.B Friedman has submitted a proposal for the scope of this work for an amount not to exceed $33,389. A copy of that proposal is attached to the resolution. This resolution will authorize the work set forth in this proposal Community and Economic Development Work will be billed on an hourly basis with an amount not to exceed $33,389. LehighdFerris Tax Increment: Fiscal Year 2009 Acct # 151099 - 571079 The management and supervision of this contract will be performed by the Director of Community and Economic Development as part of his normal duties. Approval as presented Not Recurred None Joseph F. Wade, Village Administrator Prepared by: Reviewed by: Bill Neuendorf, Community & Economic Development Teresa Hoffman Liston, Corporation Counsel RESOLUTION 09 -64 AUTHORIZING A CONTRACTUAL AGREEMENT WITH S. B. FRIEDMAN AND COMPANY FOR PREPARATION OF A FEASIBILITY ANALYSIS FOR A PUBLIC PARKING GARAGE WITHIN THEL,EHIGH /FERRIS TAX INCREMENT FINANCING (TIF) REDEVELOPMENT PROJECT AREA 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, in 2000, the Corporate Authorities of the Village of Morton Grove designated the Lehigh/Ferris Avenue Tax Increment Financing (TIF) Redevelopment Project Area and established a special tax allocation fund to improve this area; and WHEREAS, The Village assembled several parcels of land on Chestnut Street with the intention of creating a development site to advance the goals of the TIF Redevelopment District; and WHEREAS, the Lehigh/Ferris Framework Plan, approved January 2009, identifies the need for a parking garage to enhance the use of the Metra commuter train station and to support the needs of businesses and other users in the area; and WHEREAS, in order to better to understand the economic feasibility, management option and financing plan for a multi -level parking garage, a professional study is necessary; and WHEREAS, S. B. Friedman and Company was selected as the real estate development consultant for the Lehigh/Ferris District through a competitive process in 2003 and has performed satisfactorily on work within the District; and WHEREAS, authorization is needed to direct S.B. Friedman and Company and appropriate sub - consultants to conduct feasibility analysis; and WHEREAS, S.B. Friedman has provided a proposal to conduct this study at an approximate cost of $33,389 as described in Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUN'T'Y, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village President of the Village of Morton Grove is hereby authorized to execute, and the Village Clerk to attest a contractual agreement with S.B. Friedman and Company to undertake a feasibility analysis for a public parking garage within the Lehigh/Ferris Subarea as outlined in Exhibit "A" in an amount not to exceed 533,389. SECTION 3: The Village Administrator and Community and Economic Development Director are hereby authorized to coordinate the implementation of this contract with S. B. Friedman and Company and subconsultants. SECTION 4: This Resolution shall be in full force and effect upon its passage and approval. PASSED this 9`" day of NOVEMBER 2009 Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED. by me this 9`' day of NOVEMBER 2009 Daniel J. Staackmann, Village President Village of Morton Grove Cools County, Illinois ATTESTED and FILED in my office This 10 "' day of NOVEMBER 2009 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois F'S. B. Friedrnarr & Company Xu,il li,ctrne Adci�ur. nrid l h=rrinpnien[ (,'on,cu;mul v 221 N. I. iSallc St,. SOIip 820 4 Chlcaieo. Illinois 60601 -1102 • 112'424 -425D FLix: ? 12 424 -4262 • %i'ww.Priedmu nCoxom November 5, 2009 Mr. Bill Neuendorf Director of Planning and Economic Development Village of Morton Grove 6101 Capulina Ave. Morton Grove, IL 60053 -2902 RE: Metra Station Area Parking Deck Economic Feasibility, Management Option and Financial Plan Study Dear Mr. Neuendorf: Pursuant to our recent discussions, S. B. Friedman & Company is pleased to present this proposal to study the economic feasibility and management options of a mixed -use parking deck on Lehigh and Chestnut near the Morton Grove Metra Station. Background In a previous engagement, S. B. Friedman & Company and OKW Architects prepared preliminary site plans and studies for a parking deck, commercial sites, and improvements to the Metra Station site. Options were reviewed with the Village Board and it was determined that the next step was to assess the economic feasibility and ongoing management options for Site E, Option B with commercial sits facing Lehigh on both sides of the street and the Moose Lodge left in place. The next step in the development process is to determine whether this project is economically feasible, to identify the Long tenn operating and management strategy for the facility, and establish a preliminary financial plan. The financial plan is expected to include the role of TIP and identification of the need for other funding sources. Obtaining those sources of funds would be the subject of other efforts. OKW will be responsible for preparing hard cost estimates for the project as described below with appropriate guidance and review by S. B. Friedman & Company. S. B. Friedman & Company will be responsible for preparing a total development cost budget, estimating ongoing operating expenses and revenues, conceptually identifying and reviewing operating alternatives, and preparing a preliminary identification of financing sources including TIP. S. B. Friedman & Company I Development Advisors Village of Morton Grove Parking Deck Economic Feasibility Study Proposal Scope of Services 1. Hard Cost Estimates OKW will prepare preliminary pricing documents for the proposed parking deck and the site, including: • Floor plans for each level • Two primary fagade elevations, delineating materials, fenestration, etc. • Typical building section. • Three and four level options • Parking Consultant- Rich and Associates, Inc., will review the plan and layout of the deck to confirm functionality and equipment needs, as well as industry pricing standards. OKW will prepare preliminary pricing documents for site improvements, illustrating new curb configurations, planting and landscape areas, and pavement/paver areas for the following three (3) site areas • The immediate site around the parking deck, including • Lehigh Avenue, south from the rail crossing to Elm Street, including pavement, sidewalk and landscape areas • The site area encompassing 6401 Chestnut and the existing Moose Lodge. OKW will review site plan improvements with McDonough Associates Inc. to establish a diagrammatic and narrative scope of work description for underground utilities and stormwater detention requirements. A narrative description will be created for potential storm and sanitary sewer improvements that may be implemented to meet the recommendations of the May 2008 TIE District Utility Study. OKW will work with Vistara Construction Services to create a Preliminary estimate of construction cost, broken down to illustrate the development costs for each of the three primary site areas. 2. Total Development Cost S. B. Friedman & Company will incorporate the hard cost estimates into a total development cost (TDC) estimate. The TDC estimate will incorporate the following additional items: • Construction period interest • Architecture and engineering costs • Legal and Professional fees • Development Management costs • Construction period insurance and miscellaneous costs E B. Friedman & Company 2 Development Advisors Village of Morton Grove Parking Deck Economic Feasibility Study Proposal The estimate is expected to be broken into elements that provide a separate pro forma for the parking structure, creation of commercial sites, site improvements, and improvements to the Moose. This estimate will cover the period through construction to opening. 3. Preliminary Parking Demand Analysis S. B. Friedman & Company will perform a preliminary parking demand analysis that will involve the following subtasks: • Interview with Metra to determine future Metra parking needs • Review of Village agreement with Metra • Review of competitive parking rates study for Metra and CTA • Review zip code analysis based on parking pass purchases • Review of available data on projected growth in contributing zip codes (e.g. ESRI and/or American Community Survey) • Review of current parking occupancy levels • Future parking demand projections based on future ridership and development projections This analysis may be sufficient to determine the appropriate size of the structure, or may identify the need for more detailed research. A. Operating Alternatives S. B. Friedman & Company will identify principal alternatives for operating the parking facility including: Village Management Short -term Operator Long -term Management Contract A preliminary estimate of operating revenues and expenses, adjusted for the different management approaches and fees, will be included. The pros and cons of each option will be summarized in a matrix /chart format. 5. Preliminary Financing Plan A preliminary financing plan will be prepared. This will include: Review of available bond proceeds from the existing TIF bond Review of TIF balances and projected TIF revenues (does not include update of projections — assumes are up -to -date or would be updated under separate task) S. B. Friedman & Company 3 Development Advisors Village of Morton Grove Parking Deck Economic Feasibility Study Proposal • Incorporation of results of Village staff discussions with Metra, Congresswoman Schakowsky, or other sources. The results of these investigations will be incorporated in a brief summary memorandum. ANTICIPATED DELIVERABLES AND TIMEERAME • Floor plans for each level • Two primary fagade elevations, delineating materials, fenestration, etc. • Typical building section • Hard cost pricing for three and four level options • Total development cost estimates • Preliminary parking demand estimates • Matrix summary of operating alternatives • Financing elements /plan Summary Memorandum We anticipate completion of these items in four to six weeks after authorization to proceed. Tirne Frarne and Fees On the basis of the scope of the work outlined herein and our experience with similar projects, we estimate that it will take approximately four to six weeks to complete the project from the date we are authorized to proceed. Professional fees for this service will be based on the time required at the current hourly rates of the staff involved. The scope of the engagement and our experience with similar services indicate that our professional fees (including sub - consultant fee) will be approximately $33,500. These fees are detailed on the attached budget. Local travel, publications, maps, telephone toll charges, photocopies, report reproduction, color reproduction, faxes, messenger and express services, postage, data purchased specifically for this project, use of company owned or licensed data bases, and other out -of- pocket expenses are included in this estimate and will be billed in addition to professional fees as incurred (without mark -up). This fee estimate is subject to upward revision if the engagement entails more time than estimated due to problems that are encountered that could not reasonably have been foreseen at the commencement of the engagement, or if the scope is changed. In this event, we will discuss the matter with you so that a mutually acceptable revision may be made. This estimate contemplates one client meeting with the VB involving S B. Friedman & Company personnel and no attendance by OKW. Appropriate communication and review with staff is included in the technical tasks. Additional meeting time will be billed at the current hourly rates of the participants. S. B. Friedman & Company 4 Development Advisors Village of Morton Grove Parking Deck Economic Feasibility Study Proposal Invoices will be rendered not more frequently than monthly as our work progresses for services and costs incurred. These invoices are payable within 30 days. If at any point during the course of the study the decision is made to discontinue our services, our fee will be based upon the actual time expended and out -of- pocket costs incurred to that date. The attached Limitations of Our Engagement apply to this assignment. Acceptance Procedures We appreciate the opportunity to present this proposal to you. To indicate your acceptance of this proposal, please sign a copy and return it to us as authorization for us to proceed. Sincerely, z Stephen B. Friedman, AICP, CRE President " Accepted: Signature Date Printed Name Title S. B. Friedman & Company 5 Development Advisors Village of Morton Grove Parking Deck Economic Feasibility Study Proposal LIMITATIONS OF OUR ENGAGEMENT Our report will be based on estimates, assumptions and other information developed from research of the market, knowledge of the industry and meetings during which we will obtain certain information. The sources of information and bases of the estimates and assumptions will be stated in the report. Some assumptions inevitably will not materialize, and unanticipated events and circumstances may occur; therefore, actual results achieved during the period covered by our analysis will necessarily vary from those described in our report and the variations may be material. The terms of this engagement are such that we have no obligation to revise the report to reflect events or conditions which occur subsequent to the date of the report, These events or conditions include without limitation economic growth trends, governmental actions, additional competitive developments, interest rates and other market factors. However, we will be available to discuss the necessity for revision in view of changes in the economic or market factors affecting the proposed project. Our study will not ascertain the legal and regulatory requirements applicable to this project, including zoning, other state and local government regulations, permits and licenses. No effort will be made to determine the possible effect on this project of present or future federal, state or local legislation, including any environmental or ecological matters. Further, we will neither evaluate management's effectiveness, nor will we be responsible for future marketing efforts and other management actions upon which actual results will depend. Our report will be intended solely for your information. S. B. Friedman & Company 6 Development Advisors Village of Morton Grove Station Redevelopment Study Part 2, Economic Feasibility and Financial Plan SBF CO OKW Staff Pres Assoc Rate S 300 $ 120 1, Construction Cost Estimate 2, Total Development Cost 3. Preliminary Parking Demand Analysis Interview with Matra Review of Village agreement with Metra Review of competitive parking rates Review zip code analysis & available growth projections Review of current parking occupancy levels Future parking demand projections 4. Operating Alternatives 5. Financing Plan Review Meeting I 1 1 2 4 4 4 4 $14,500 20 1 2 2 4 2 6 24 24 4 Sub -total Hours 115 22 93 Sub -total Dollars 17,760 6,600 11,160 OKW 14,500 Expense Est 1,129 15% Lelsislative Summary Ordinance 09 -38 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF A TAXABLE GENERAL OBLIGATION REFUNDING INSTALLMENT NOTE, SERIES 2009B, OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AND PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID NOTE. Introduced: Synopsis: Purpose: Background Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommen: First Reading: Special Considerat or Requirements: Respectfully submitted: November 9, 2009 This ordinance will authorize the Village to issue Taxable General Obligation Refunding Installment Notes in the amount of $2,625,000. The issuance of these notes will allow the Village to restructure the debt incurred pursuant to the General Obligation Bonds Series 2006. Based on the recommendation of staff and the Village's bond consultants, Speer Financial, the Village can achieve a substantial debt service savings by restructuring this indebtedness. This indebtedness is achieved-by the issuance of General Obligation Refunding Installment Notes. These notes will be issued at a revised true interest rate of 3.45°/x. The notes will become payable semi - annually on June 15 and December 15 of each year commencing on June 15 of each year and shall become due and payable on December 1, 2011. It is anticipated the Village will realize a savings of $122,265 as a result of this restructuring, net of placement fees of S 15,000. Finance and Legal Departments. The restructuring of this debt will result in substantial interest savings of $137,265. Not applicable The Village Administrator's office, Finance Department, Corporation Counsel, along with the Village's bond consultant and bond counsel will manage and oversee this work. Approval as presented. November 9, 2009 This ordinance must be approved on its first reading so that the Village does not lose the opportunity to refinance this note at its present favorable interest rate. Joseph F. Wade, Village Administrator Reviewed by: _. Prepared by: Teresa Hoffman Liston, Corporation Counsel Patricia M. Curtner, Chapman & Cutler, LLP EXTRACT OF MINUTES of the regular public meeting of the President and Board of Trustees of the Village of Morton Grove, Cook County, Illinois, held at Village Hall, 6101 Capulina Avenue, in said Village, at 7:00 p.m., on the 9th day of November, 2009, The President called the meeting to order and directed the Village Clerk to call the roll. Upon the roll being called, the President and the following Trustees answered physically present at said location: The following Trustees were allowed by a majority of the Trustees in accordance with and to the extent allowed by rules adopted by the President and Board of Trustees to attend the meeting by video or audio conference: No Trustee was refused permission to attend the meeting by video or audio conference. The following Trustees were absent and did not participate in the meeting in any manner or to any extent whatsoever: The President and Board of Trustees then discussed a proposed refunding for the Village and considered an ordinance providing for the issuance of a Taxable General Obligation Refunding Installment Note, Series 2009B, of the Village of Morton Grove, Cook County, Illinois, and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said note. Thereupon, Trustee presented and the Village Attorney explained in full the following ordinance, which was before the President and Board of Trustees and made available to any person requesting one in words and figures as follows: GOB 2009B -Nov 11, 2009 final 2170314 • PMC • 11/5/09 AN ORDINANCE providing for the issuance of a Taxable General Obligation Refunding Installment Note, Series 2009B, of the Village of Morton Grove, Cook County, Illinois, and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said note. (the "Note Ordinance") Trustee moved and Trustee motion that the Note Ordinance as presented be adopted. seconded the After discussion thereof, including a public recital of the nature of the matter being considered and such other information as would inform the public of the business being ° conducted, the President directed that the roll be called for a vote upon the motion to adopt the Note Ordinance. Upon the roll being called, the following Trustees voted AYE: and the following Trustees voted NAY: WHEREUPON, the President declared the motion carried and the ordinance adopted, and henceforth did approve and sign the same in open meeting, and directed the Village Clerk to record the same in full in the records of the President and Board of Trustees of the Village of Morton Grove, Cook County, Illinois. Other business was duly transacted at said meeting. Upon motion duly made and carried, the meeting adjourned. Village Clerk -2- TABLE OF CONTENTS SECTION HEADING PAGE PREAMBLES........................................................................................................ ..............................1 SECTION1. DEFINITIONS... .................................... ............................ ....................................... 2 SECTION 2. INCORPORATION OF PREAMBLES ................................................... ..............................5 SECTION 3. DETERMINATION TO ISSUE NOTE .................................................. ..............................5 SECTION4. NOTE DETAILS .............................................................................. ..............................6 SECTION 5. EXECUTION; AUTHENTICATION ..... t ............................................... ...............................7 SECTION6. REDEMPTION ................................................................................. ..............................8 SECTION7. BOOK -ENTRY FORM ...................................................................... ..............................8 SEC "PION S. REGISTRATION; TRANSFER; EXCHANGE; OWNERS ....................... .............................10 SECTION9. SECURITY ..................................................................................... .............................12 SECTION10. FORM OF NOTE ............................................................................ ............................1.2 SECTION 11. TAX LEVY; ABATEMENT ............................................................ .............................18 SECTION 12. FILING WITH COUNTY CLERIC ..................................................... .............................19 SECTION13. SALE OF NOTE ............................................................................ .............................20 SECTION 14. CREATION OF FUNDS AND APPROPRIATIONS .............................. .............................21 SECTION 15. RIGHTS AND DUTIES OF NOTE REGISTRAR ................................. .............................21 SECTION16. DEFEASANCE ............................................................................. .............................22 SECTION 17. TAXES PREVIOUSLY LEVIED ....................... ............................... SECTION 18. PUBLICATION OF ORDINANCE .....I .............. I ....... II SECTION 19. SUPERSEDER AND EFFECTIVE DATE ....... ......................... ............. This Table of Contents is for convenience only and is not a part of the ordinance. -ii- ...23 ......................23 ....................24 ORDINANCE NUMBER 09 -28 AN ORDINANCE providing for the issuance of a Taxable General Obligation Refunding Installment Note, Series 2009B, of the Village of Morton Grove, Cook County, Illinois, and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said note. WHEREAS, by pursuant to a referendum held on the 18th day of March, 1980, the Village of Morton Grove, Cook County, Illinois (the "Village "), is a home rule unit pursuant to Section 6 of Article VII of the 1970 Constitution of the State of Illinois, and as such is empowered to perform any function pertaining to its government and affairs, including the power to incur debt; and WHEREAS, pursuant to the provisions of said Section 6, the Village has the power to incur debt payable from ad valorem property tax receipts or from any other lawful source and maturing within 40 years from the time it is incurred without prior referendum approval; and WHEREAS, the Village has heretofore issued and there are is outstanding a certain $2,625,000 original principal amount Taxable Installment Note dated August 28, 2006 (the "Prior Note"); and WHEREAS, the President and Board of Trustees of the Village (the "Corporate Authorities ") have heretofore and it hereby is determined that it is advisable and necessary and in the best interests of the Village that the Prior Note be refunded (the "Refunding") in order to restructure the indebtedness evidenced by the Prior Note and to achieve a debt service savings; and WHEREAS the estimated cost to the Village of the Refunding is the slum of $2,685,000 plus any estimated available amount of interest earnings on said sum prior to its expenditure; and WHEREAS there are insufficient funds on hand and available to pay the costs of the Refunding, and it will be necessary to borrow $2,685,000 to pay the same, and in evidence of such borrowing to issue a taxable general obligation installment note of the Village as herein provided for in the aggregate principal amount of $2,685,000; and WHEREAS, the Corporate Authorities have heretofore and it hereby is determined that it is advisable and necessary that such indebtedness be incurred in accordance with the Act as hereinafter defined, that said note be issued as one installment note in the original principal amount of $2,685,000, without submitting the question of incurring such indebtedness to the electors of the Village for their approval, all as authorized and provided in the hereinafter defined Act: New, THEREFORE, Be It Ordained by the President and Board of Trustees of the Village of Morton Grove, Cook County, Illinois, in the exercise of its home rule powers, as follows: Section 1. Definitions. A. The following words and terms are as defined in the preambles hereto. Corporate Authorities Prior Note Refunding Village B. The following words and terms are defined as set forth. Act" means the Illinois Municipal Code, as supplemented and amended, and particularly as supplemented and amended by the Local Government Debt Reform Act, as amended, and the other Omnibus Bond Acts, as amended, and as further supplemented, and where necessary, superseded, by Section 6 of Article VII of the 1970 Constitution of the State of Illinois. "Bond Counsel" means Chapman and Cutler LLP, Chicago, Illinois. 2 "Book Entry Form" means the form of the Note in which it is delivered to a depository and held solely by a depository, or its nominee, as record owner, transfers of beneficial ownership for the Note being made by book entries in accordance with the procedures of such depository. "Code " means the Internal Revenue Code of 1986, as amended. "County Clerk" means the County Cleric of The County of Cook, Illinois. "DTC" means The Depository Trust Company, New York, New York, or successor depository duly qualified to do business as a securities depository, and assigns. "Designated Officers" means the President acting with any one of the Village Clerk, the Village Administrator or the Village Treasurer, or successors or assigns. 2009B Full Faith and Credit Taxes" means the unlimited ad valorem taxes levied by and under this Ordinance on all of the taxable property in the Village, sufficient to pay all prin- cipal of and interest on the Note when due. '(Interest Payment Date" means a Stated Maturity of interest on the Note. "Note" means the Taxable General Obligation Refunding Installment Note, Series 200913, authorized to be issued by this Ordinance. "Note Fund" means the 2009B Taxable General Obligation Refunding Installment Note Fund created in Section 11 of this Ordinance. "Note Register" means the books of the Village kept by the Note Registrar to evidence the registration and transfer of the Note. "Note Registrar" means the Village Treasurer. Morton Grove, Illinois, or a successor thereto or a successor designated as note registrar hereunder. "Outstanding" or "outstanding" refers to any portion of the Note which is outstanding and unpaid; provided, however, such term shall not include any portion of the Note (i) which has 3 matured and for which moneys are on deposit with proper paying agents, or are otherwise properly available, sufficient to pay all principal thereof and interest thereon, or (ii) the provision for payment of which has been made by the Village by the deposit in an irrevocable trust or escrow of funds or direct, full faith and credit obligations of the United States of America, the principal of and interest on which will be sufficient to pay at maturity all the principal of and interest on the Note. "Ordinance" means this Ordinance, numbered as set forth on the title page hereof, passed by the Corporate Authorities on the 9th day of November, 2009. "Paying Agent" means the Village Treasurer, Morton Grove Illinois, or a successor thereto or a successor designated as paying agent hereunder. "Placement Agent" means First Trust Portfolios, Wheaton, Illinois, as placement agent for the Note. "Purchaser" means [Park Ridge Community Bank, Park Ridge, Illinois], the initial purchaser of the Note from the Village. Purchase Price" means the price paid to the Village by the Purchaser for the Note, to- wit:, plus $ -0- accrued interest. "Qualified Investments )p means any investments for Village funds as may be from time to time authorized under Illinois law. "Record Date" means the fifteenth day of the month next preceding any regular Interest Payment Date. "Representation Letter" means any letter or agreement to be executed among the Note Registrar, the Village and DTC and necessary to effectuate a book entry system for the Note. 4 "Stated Maturity" when used with respect to the Note or any interest thereon means the date specified in the Note as the fixed date on which the principal of the Note is due and payable, whether by maturity, mandatory redemption or otherwise. Taxable" means, with respect to the Note, the status of interest paid and received thereon as not excludable from gross income of the owners thereof under the Code for federal income tax purposes. "Village Treasurer" means the Treasurer /Finance Director of the Village. C. For all purposes of this Ordinance, except as otherwise expressly provided herein or unless the context otherwise requires: 1. The terms defined in this Section or elsewhere in this Ordinance have the meanings assigned to them and include the plural as well as the singular (or vice - versa). 2. All accounting terms not otherwise defined herein have the meanings assigned to them, and all computations herein provided for shall be made, in accordance with generally accepted accounting principles for municipal enterprise funds. 3. All references in this Ordinance to designated "Sections" and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted. 4. The words "herein," "hereof' and "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. Section 2. Incorporation of Preambles. The Corporate Authorities hereby find that all of the recitals contained in the preambles to this Ordinance are true, correct and complete and do incorporate there into this Ordinance by this reference. Section 3. Determination To Issue Note. It is necessary and in the best interests of the Village to provide for the Refunding, to pay all related costs and expenses incidental thereto, and to borrow money and issue the Note for such purpose. It is hereby found and determined that such borrowing of money pertains to the government and affairs of the Village, is necessary for 5 the welfare of the government and affairs of the Village, is for a proper public purpose or purposes and is in the public interest, and is authorized pursuant to the Act; and these findings and detenninations shall be deemed conclusive. Section 4. (dote Details. For the purpose of providing for the payment of the costs of the Refunding, and to pay all related costs and expenses incidental thereto, there shall be issued and sold the Note in the original principal amount of $2,685,000. The Note shall be designated "Taxable General Obligation Refunding Installment Note, Series 20098" (or such other name or series designation as the Designated Officers shall detennine to be appropriate), and shall be dated December 1, 2009 (the `;Dated Date "), shall bear interest (without right of redemption) at a rate percent per annum which is equal to three and forty -five hundredths percent (3.45 %) and shall become due and payable on December 1, 2011. The principal of the Note shall be payable in lawful money of the United States of America upon presentation thereof at the principal office maintained for the purpose by the Paying Agent in Morton Grove, Illinois, or at the successor Paying Agent and locality. The Note shall bear interest from the later of its Dated Date as herein provided or from the most recent Interest Payment Date to which interest has been paid or duly provided for, until the principal amount of such Note is paid or duly provided for, such interest (computed upon the basis of a 360 -day year of twelve 30 -day months) being payable semiarmually on June 15 and December 15 of each year, commencing on June 15, 2010. The Note shall bear the date of authentication thereof, shall be in fully registered form and, if so requested by the Purchaser, shall be in Book Entry Form. Interest on the Note shall be paid by cheek or draft of the Paying Agent, payable upon presentation thereof in lawful money of the United States of America, to the person in whose name the Note is registered at the close of business on the applicable Record Date, or as otherwise agreed to by the Village and CEDE & 6 Co., as nominee, or successor, for as long as the Note is held in Book Entry Form as provided for same. Principal of and redemption price of the Note shall be paid upon surrender in lawful money of the United States of America, at the principal office maintained for the purpose by the Paying Agent in Morton Grove, Illinois, or at successor paying agent and locality. Section 5. Execution, Authentication. The Note shall be executed on behalf of the Village by the manual or duly authorized facsimile signature of its President and attested by the manual or duly authorized facsimile signature of its Village Cleric, as they may determine, and shall have impressed or imprinted thereon the corporate seal or facsimile thereof of the Village. In case any such officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. The Note shall have thereon a certificate of authentication, substantially in the form hereinafter set forth, duly executed by the Note Registrar as authenticating agent of the Village and showing the date of authentication. The Note shall not be valid or obligatory for any purpose or be entitled to any security or benefit under this Ordinance unless and until such certificate of authentication shall have been duly executed by the Note Registrar by manual signature, and such certificate of authentication upon the Note shall be conclusive evidence that the Note has been authenticated and delivered under this Ordinance. The certificate of authentication on the Note shall be deemed to have been executed by it if signed by an authorized officer of the Note Registrar, but it shall not be necessary that the same officer sign the certificate of authentication on each Note authenticated hereunder. Section 6. Redemption. The Note is not subject to redemption prior to maturity. 7 Section 7. Book -Entry Form. If so requested by the Purchaser, the Note shall be initially issued in the form of a separate single fully registered Note and the following provisions set out in this Section 7 shall be applicable to the Note. Upon initial issuance, the ownership of the Note shall be registered in the Note Register therefor in the name of CEDE & Co., or any successor thereto, as nominee of DTC. All of the Note outstanding from time to time shall be registered in the Note Register in the name of CEDE & Co., as nominee of DTC. Any Designated Officer is authorized to execute and deliver on behalf of the Village a Representation Letter. Without limiting the generality of the authority given to the Designated Officers with respect to entering into such Representation Letter, it may contain provisions relating to (a) payment procedures, (b) transfers of the Note or cf beneficial interest therein, (c) redemption notices or procedures unique to DTC, (d) additional notices or communications, and (e) amendment from time to time to conform with changing customs and practices with respect to securities industry transfer and payment practices. With respect to the Note when registered in the Note Register in the name of CEDE & Co., as nominee of DTC, the Village and the Note Registrar shall have no responsibility or obligation to any broker- dealer, bank or other financial institutions for which DTC holds the Note from time to time as securities DTC (each such broker- dealer, bank or other financial institution being referred to herein as a `DTC Participant") or to any person on behalf of whom such a DTC Participant holds an interest in the Note. Without limiting the meaning of the immediately preceding sentence, the Village and the Note Registrar shall have no responsibility or obligation with respect to (a) the accuracy of the records of DTC, CEDE & Co., or any DTC Participant with respect to any ownership interest in the Note, (b) the delivery to any DTC Participant or any other person, other than a registered owner of the Note as shown in the Note 8 Register, or any notice with respect to the Note, or (c) the payment to any DTC Participant or any other person, other than a registered owner of the Note as shown in the Note Register, of any amount with respect to principal of or interest on the Note. No person other than a registered owner of the Note as shown in the Note Register shall receive a Note certificate of written notice to the e CEDE & Co., and subject registered owners of the Payment Date, the name DTC. In the event that with respect to the Note. Upon delivery by DTC to the Note Registrar feet that DTC has determined to substitute a new nominee in place of to the provisions hereof with respect to the payment of interest to the Note at the close of business on the Record Date for and Interest "CEDE & Co." in this Ordinance shall refer to such new nominee of (a) the Village determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the agreement among the Village, the Note Registrar and DTC evidenced by the Representation Letter shall be terminated for any reason, or (c) the Village determined that it is in the best interests of the beneficial owners of the Note that they be able to obtain a certificated Note, the Village shall notify DTC and DTC Participants of the availability of a Note certificate, and the Note shall no longer be restricted to being registered in the Note Register in the name of CEDE & Co., as nominee of DTC. The Village may determine that the Note shall be registered in the name of and deposited with a successor depository operating a book-entry system, as may be acceptable to the Village, or such depository's agent or designee, and if the Village does not select such alternate book - entry system, then the Note may be registered in whatever name or names registered owners of the Note transferring or exchanging the Note shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as the Note is registered in the name of CEDE & Co., as nominee of DTC, all payments with respect to 9 principal of and interest on the Note and all notices with respect to the Note shall be made and given, respectively, in the manner provided in the Representation Letter. In the event that the Note ever becomes generally registrable, as aforesaid, any Designated Officer may, in his or her discretion at such time, designate a bank with trust powers or host company, duly authorized to do business as a Note Registrar, paying agent, or both, to act in one or both such capacities hereunder, in the event that the Designated Officers shall determine it to be advisable. Notice shall be given to the registered owners of any such designation in the same manner, as near as may be practicable, as for a notice of redemption of the Note, and as if the date of such successor taking up its duties were the redemption date. Section 8. Registration; Transfer; Exchange; Owners. The Village shall cause the Note Register to be kept at the principal office maintained for the purpose by the Note Registrar in Morton Grove, Illinois, which is hereby constituted and appointed the registrar of the Village for the Note. The Village is authorized to prepare, and the Note Registrar or such other agent as the Village may designate shall keep custody of, multiple Note blanks executed by the Village for use in the transfer and exchange of the Note. The Note may be transferred or exchanged, but only in the manner, subject to the limitations, and upon payment of the charges as set forth in this Ordinance. Upon surrender for transfer or exchange of the Note at the principal office maintained for the purpose by the Note Registrar, duly endorsed by or accompanied by a written instrument or instruments of transfer or exchange in form satisfactory to the Note Registrar and duly executed by the registered owner or an attorney for such owner duly authorized in writing, the Village shall execute and the Note Registrar shall authenticate, date and deliver in the name of the transferee or transferees or, in the case of an exchange, the registered owner, a new fully registered Note of like tenor, of the same maturity, bearing the same interest rate, for a like aggregate principal amount. 10 The Note Registrar shall not be required to transfer or exchange the Note during the period from the close of business on the Record Date for an Interest Payinent Date to the opening of business on such Interest Payment Date. The execution by the Village of any frilly registered Note shall constitute full and due authorization of that Note, and the Note Registrar shall thereby be authorized to authenticate, date and deliver the Note; provided, however, the principal amount of the Note authenticated by the Note Registrar shall not at any one time exceed the authorized principal amount of the Note less the amount of the Note which has been paid. The person in whose name the Note shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of the principal of or interest on the Note shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon the Note to the extent of the sum or sums so paid. No service charge shall be made to any registered owner of the Note for any transfer or exchange of the Note, but the Village or the Note Registrar may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in coimection with any transfer or exchange of the Note. Section 9. Security. The Village hereby pledges the full faith and credit of the Village to the Note, and the Note is secured by the Village's levy of the 2009B Full Faith and Credit Taxes. Section 10. Forni of Note. The Note shall be in substantially the forms hereinafter set forth; provided, however, that if the text of the Note is to be printed in its entirety on the front side of the Note, then the second paragraph of the front side of the Note and the legend "See 11 Reverse Side for Additional Provisions" shall be omitted and paragraphs on the reverse side of the Note shall be inserted immediately after the first paragraph on the front side. 12 [Fonn of Note - Front Side] REGISTERED REGISTERED No. S UNITED STATES of AMERICA STATE OF ILLINOIS COUNTY OF COOK VILLAGE OF MORTON GROVE TAXABLE GENERAL OBLIGATION REFUNDING INSTALLMENT NOTE -SERIES 2009E See Reverse Side for Additional Provisions Interest Maturity Dated CUSIP Rate: % Date: December 15, 2011 Date: , 2009 Registered Owner: Principal Amount: DOLLARS KNOW ALL PERSONS BY THESE PRESENTS that the Village of Morton Grove, Cook County, Illinois, a home rule unit, municipality and political subdivision of the State of Illinois (the "Village °), hereby acknowledges itself to owe and for value received promises to pay (without right of prior redemption) to the Registered Owner identified above, or registered assigns as hereinafter provided, on the Maturity Date identified above, the Principal Amount identified above and to pay interest (computed on the basis of a 360 -day year of twelve 30 -day months) on such Principal Amount from the Later of the Dated Date of this Note identified above or from the most recent Interest Payment Date to which interest has been paid or duly provided for, at the Interest Rate per annum identified above, such interest to be payable on June 15 and December 15 of each year, commencing June 15, 2010, . until the Principal Amount is paid or 13 duly provided for. The principal of this Note is payable in lawful money of the United States of America upon presentation hereof at the principal office maintained for the propose by the Village Treasurer, Morton Grove, Illinois, as paying agent (the `Paying Agent ") and Note Registrar (the "Note Registrar "). Payment of interest shall be made to the Registered Owner hereof as shown on the registration books of the Village maintained by the Note Registrar at the close of business on the applicable Record Date. Interest on this Note shall be paid by check or draft of the Paying Agent, payable upon presentation in lawful money of the United States of America, mailed to the address of such Registered Owner as it appears on such registration books or at such other address furnished in writing by such Registered Owner to the Note Registrar, or as otherwise may be agreed to by the Village and CEDE & Co., as nominee of DTC, for so long as this Note is held in book -entry only form as provided for same. As long as this Note is held in Book Entry Form as provided in the hereinafter defined Ordinance, payments of principal of and interest on this Note may be paid to the registered owner thereof in same -day funds on each payment date as authorized hereunder. Reference is hereby made to the further provisions of this Note set forth on the reverse hereof, and such further provisions shall for all purposes have the same effect as if set forth at this place. It is hereby certified and recited that all conditions, acts and things required by the Constitution and Laws of the State of Illinois to exist or to be done precedent to and in the issuance of this Note, have existed and have been properly done, happened and been performed in regular and due form and time as required by law; that the indebtedness of the Village, represented by this Note, and including all other indebtedness of the Village, howsoever evidenced or incurred, does not exceed any constitutional or statutory or other lawful limitation; and that provision has been made for the collection of the 2009B Full Faith and Credit Taxes and 14 further, that the Village will comply with all of the covenants and maintain the funds and accounts as provided by the Ordinance. This Note shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Note Registrar. IN WITNESS WHEREOF the Village of Morton. Grove, Cook County, Illinois, has caused this Note to be executed by the manual or duly authorized facsimile signature of its President and attested by the manual or duly authorized facsimile signature of its Village Cleric and its corporate seal or a facsimile thereof to be impressed or reproduced hereon, all as appearing hereon and as of the Dated Date identified above. President, Village of Morton Grove Cools County, Illinois Attest: Village Clerk, Village of Morton Grove Cook County, Illinois [SEAT,] Date of Authentication: CERTIFICATE Note Registrar and Paying Agent: OF Village Treasurer AUTHENTICATION Morton Grove, Illinois This Note is the Note de mentioned Ordinance and is Obligation Refunding Series 200913, having a Dated 2009, of the Village of Morton Illinois. scribed in the within the Taxable General Installment Note, Date of December 1, Grove, Cook County, 15 Village Treasurer, Morton Grove, Illinois, as Note Registrar S [Form of Note - Reverse Side] This Note (the "Note") is issued pursuant to the Illinois Municipal Code, as supplemented and amended, and particularly as supplemented and amended by the Local Government Debt Reform Act, as amended, and the other Omnibus Bond Acts, as amended, and as further supplemented, and where necessary, superseded, by Section 6 of Article VII of the 1970 Constitution of the State of Illinois (together;-the "Act"). This Note is being issued to pay the costs of the Refunding, all as more fully described in proceedings adopted by the President and Board of Trustees of the Village (the "Corporate Authorities") and in an ordinance authorizing the issuance of this Note adopted by the Corporate Authorities on the 9th day of November, 2009 (the "Note Ordinance "), to all the provisions of which the holder by acceptance of this Note assents. This Note is not subject to redemption prior to maturity. This Note may be transferred or exchanged, but only in the manner, subject to the limitations, and upon payment of the charges as set forth in the Note Ordinance. Upon surrender for transfer or exchange of this Note at the principal office maintained for the purpose by the Note Registrar in Chicago, Illinois, duly endorsed by or accompanied by a written instrument or instruments of transfer or exchange in form satisfactory to the Note Registrar and duly executed by the Registered Owner or an attorney for such owner duly authorized in writing, the Village shall execute and the Note Registrar shall authenticate, date and deliver in the name of the transferee or transferees or, in the case of an exchange, the Registered Owner, a new fully 16 registered Note of like tenor, of the same maturity, bearing the same interest rate, for a like aggregate principal amount. The Note Registrar shall not be required to transfer or exchange this Note during the period from the close of business on the Record Date for an hrterest Payment Date to the opening of business on such Interest Payment Date. The Village, the Note Registrar and the Paying Agent may deem and treat the Registered Owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes, and the Village, the Note Registrar and the Paying Agent shall not be affected by any notice to the contrary. INTEREST ON THIS NOTE IS NOT EXCLUDABLE FROM GROSS INCOME FOR FEDERAL INCOME TAX PURPOSES. NOTEHOLDERS SHOULD CONSULT THEIR TAX ADVISORS WITH RESPECT TO THE INCLUSION OF INTEREST ON THIS NOTE IN GROSS INCOME FOR FEDERAL INCOME TAX PURPOSES. ASSIGNMENT FoR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (Name and Address of Assignee) the within Note and does hereby irrevocably constitute and appoint as attorney to transfer the said Note on the books kept for registration thereof with full power of substitution in the premises. Dated: Signature guaranteed: 17 NOTICE: The signature to this transfer and assigmnent must correspond with the name of the Registered Owner as it appears upon the face of the within Note in every particular, without alteration or enlargement or any change whatever. Section 11. Tax Levy; Abatement. A. TAX LEVY. For the purpose of providing funds required to pay the interest on the Note promptly when and as the same falls due, and to pay and discharge the principal thereof at maturity, there is hereby levied upon all of the taxable property within the Village, in the years for which any of the Note is outstanding, a direct annual tax sufficient for that purpose; and there is hereby levied on all of the taxable property in the Village, in addition to all other taxes, the direct annual taxes (the "2009B Full Faith and Credit Taxes' for the years and in the amounts as follows: FOR THE YEAR A TAX SUFFICIENT TO PRODUCE THE SUM OF ($): 2009 96,234.88 for interest up to and including 12/15/10 2010 2,777,632.50 for interest and principal The Village covenants and agrees with the Purchaser and registered owners of the Note that so long as any of the Note remains outstanding, the Village will take no action or fail to take any action which in any way would adversely affect the ability of the Village to levy and collect the foregoing tax levies. The Village and its officers will comply with all present and future applicable laws in order to assure that the 2009B Full Faith and Credit Taxes may be levied, extended and collected as provided herein and deposited into a fund hereby created and to be known as the "2009B Taxable General Obligation Refunding Installment Note Fund" (the "Note Fund") which fined shall be a trust fund for the benefit of the registered owners of the Note and shall be held segregated and apart from other funds of the Village. In the event that the 2009E Full Faith and Credit Taxes, or any of them, are ever extended for collection, such taxes shall be deposited by the Village upon receipt into the Note Fund and shall be used solely and only to pay the principal of and interest on the Note. Monies to the credit of the 2009B Full 18 Faith and Credit 'faxes Account shall be used first and are pledged for paying the principal of and interest on the Note. Interest or principal coming due at any time when there are insufficient funds on hand from the 2009B Full Faith and Credit Taxes to pay the same shall be paid promptly when due from current funds on hand in advance of the collection of the 2009B Full Faith and Credit Taxes herein levied; and when the 2009B Full Faith and Credit Taxes shall have been collected, reimbursement shall be made to said funds in the amount so advanced. B. AaATFMENT. Whenever and only when other funds from any lawful source are made available for the purpose of paying any principal of or interest on the Note, so as to enable the abatement of the taxes levied herein for the payment of same, the Corporate Authorities shall, by proper proceedings, direct the deposit of such funds into the Note Fund and further shall direct the abatement of the taxes by the amount so deposited. A certified copy or other notification of any such proceedings abating taxes may then be filed with the County Clerk in a timely manner to effect such abatement. Section 12. Filing with County Clerk. Promptly, as soon as this Ordinance becomes effective, a copy hereof, certified by the Village Cleric of the Village, shall be filed with the County Clerk; and said County Cleric shall in and for each of the years as hereinabove set forth ascertain the rate percent required to produce the aggregate tax hereinbefore provided to be levied in each of said years and in said County; and said County Clerk shall (to the extent said tax has not been abated as provided herein) extend the same for collection on the tax books in connection with any other taxes that may be levied in said years in and by the Village for general corporate purposes of the Village; and in said years such annual tax shall be levied and collected by and for and on behalf of the Village in like manner as provided by law for the levy and 19 collection of taxes for general corporate purposes for said years, without Limit as to either rate or amount, and in addition to and in excess of all other taxes. Section 13. Sale of Note. The Note shall be executed as in this Ordinance provided as soon after the passage hereof as may be, shall be deposited with the Village Treasurer, and shall be delivered to the Purchaser upon the payment of the Purchase Price. The contract for the sale of the Note to the Purchaser as presented to the Corporate Authorities at this meeting (the "Purchase Contract ") is hereby in all respects ratified, approved and confirmed, it being hereby declared that no person holding any office of the Village, either by election or appointment, is in any manner financially interested, either directly in his own naive or indirectly in the name of any other person, association, trust or corporation, in such contract. The Preliminary Private Placement Memorandum of the Village, dated November 2, 2009, relating to the Note and heretofore presented to the Corporate Authorities, is hereby ratified and approved. The Final Private Placement Memorandum of the Village, dated within seven days of the date of sale of the Note, relating to the Note (the "PPM'), presented to the Corporate Authorities at this meeting is hereby approved, and the Placement Agent is hereby authorized on behalf of the Village to distribute copies of the PPM to the Purchaser. The Designated Officers are hereby further expressly authorized to take any action as may be required on the part of the Village to consummate the transactions contemplated by the Purchase Contract, this Ordinance, said PPM, and the Note, including, specifically, the execution of customary closing documents as prepared by Bond Counsel, their execution thereof to constitute ratification of the terns and provisions thereof by the Corporate Authorities without any further official action or direction thereby. 20 Section 14. Creation of Funds and Appropriations. A. Accrued interest, if any, on the Note shall be and is hereby appropriated for the purpose of paying first interest due on the Note, and to such end is hereby ordered to be deposited into the Note Fund. B. The sum necessary shall be used to pay costs of issuing the Note and to that end shall be deposited into an Expense Fund, hereby created, and shall be disbursed therefrom by the Treasurer from time to time as necessary. Any funds on deposit in the Expense Fund and not so disbursed within six months after issuance of the Note shall be transferred to the Note Fund. C. Premium, if any, received upon the delivery of the Note and principal proceeds of the Note as is necessary, togetheMith such money in the debt service fiords for the Prior Note as may be advisable for the purpose, shall be used to provide for the Refunding; the Designated Officers are hereby authorized and directed to take all such actions as shall reasonably be necessary or appropriate to effectuate the Refunding. Section 15. Rights and Duties of Note Registrar. If requested by the Note Registrar and Paying Agent, any Designated Officer is authorized to execute the Note Registrar's and Paying Agent's standard form of agreement between the Village and the Note Registrar and Paying Agent with respect to the obligations and duties of the Note Registrar and Paying Agent hereunder. In addition to the terms of such agreement or agreements and subject to modification thereby, the Note Registrar and Paying Agent by acceptance of duties hereunder agree: (a) to act as Note Registrar, paying agent, authenticating agent, and transfer agent as respectively provided herein; (b) for the Note Registrar, to maintain a list of Noteholders as set forth herein and to furnish such List to the Village upon request, but otherwise to keep such list confidential to the extent permitted by law; 21 (c) for the Note Registrar, to cancel and/or destroy any Note which has been paid at maturity or submitted for exchange or transfer; (d) for the Note Registrar, to furnish the Village at least amivally a certificate with respect to portions of the Note cancelled and /or destroyed; and (e) for the Note Registrar, to furnish the Village at least annually an audit confirmation of the amount of the Note paid, the amount of the Note outstanding and payments made with respect to interest on the Note. The Village Clerk of the Village is hereby directed to file a certified copy of this Ordinance with the Note Registrar and the Paying Agent. Section 16. Defeasance. Any portion of the Note which (a) is paid and cancelled, (b) which has matured and for which sufficient sums been deposited with the Paying Agent to pay all principal thereof and interest due thereon, or (c) for which sufficient U.S. funds and full faith and credit obligations of the United States of America, obligations the timely payment of which are guaranteed by the United States Treasury, or certificates of participation in a hest comprised solely of full faith and credit obligations of the United States of America have been deposited with the Paying Agent or similar institution to pay, taking into account investment earnings on such obligations, all principal of and interest on that portion of the Note when due at maturity, pursuant to an irrevocable escrow or trust agreement, shall cease to have any lien on or right to receive or be paid from the 2009B Full Faith and Credit Taxes hereunder and shall no longer have the benefits of any covenant for the registered owners of the outstanding Note as set forth herein as such relates to lien and security of the outstanding Note. Section 17. Taxes Previously Levied. To the extent not previously abated, the taxes previously levied for the year 2008 (collectible in 2009) to pay the Prior Note shall be used to effectuate the Refunding, or to the extent not needed due to the issuance of the Note, shall be 22 deposited into the Note Fund and used to pay first interest coming due on the Note. Taxes levied for the year 2009 (collectible in 2010) and thereafter for the Prior Note shall be abated. The Designated Officers are hereby expressly authorized to file an abatement certificate with the County Clerk, without further official action of the Corporate Authorities, to effectuate such abatement. Section 18. Publication of Ordinance. A full, true and complete copy of this Ordinance shall be published within ten days after passage in pamphlet form by authority of the Corporate Authorities. 23 Section 19. Superseder and Effective Date . All ordinances, resolutions and orders, or parts thereof, in conflict herewith, are to the extent of such conflict hereby superseded; and this Ordinance shall be in frill force and effect immediately upon its passage. AYES: NAYS: ABSENT: ADOPTED: This 9th day of November, 2009. APPROVED: This 9th day of November, 2009: President, Village of Morton Grove Cools County, Illinois RECORDED In Village Records: This 9th day of November, 2009. PUBLISHED in pamphlet form by authority of the President and Board of Trustees on October 26, 2009. Attest: Village Cleric, Village of Morton Grove Cook County, Illinois [SEAL] 24 STATE OF ILLINOIS ) SS COUNTY OF COOK ) CERTIFICATION OF MINUTES AND ORDINANCE AND CERTIFICATION OF PUBLICATI0N IN PAMPHLET FORM 15 the undersigned, do hereby certify that I am the duly qualified and acting Village Cleric of the Village of Morton Grove, Cook County, Illinois (the "Village"), and as such official I ain the keeper of the official journal of proceedings, books, records, minutes and files of the Village and of the President and Board of Trustees (the "Corporate Authorities ") thereof. I do further certify that the foregoing is a full, true and complete transcript of that portion of the minutes of the meeting of the President and Board of Trustees held on the 9th day of November, 2009, insofar as the same relates to the adoption of an ordinance entitled: AN ORDINANCE providing for the issuance of a Taxable GeTeral Obligation Refunding Installment Note, Series 20098, of the Village of Morton Grove, Cook County, Illinois, and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said note. a true, correct and complete copy of which said ordinance as adopted at said meeting appears in the foregoing transcript of the minutes of said meeting. I do further certify that the deliberations of the Corporate Authorities on the adoption of said ordinance were taken openly; that the vote on the adoption of said ordinance was taken openly; that said meeting was held at a specified time and place convenient to the public; that notice of said meeting was duly given to all newspapers, radio or television stations and other news media requesting such notice; that an agenda for said meeting was posted on a day which was not a Saturday, Sunday or legal holiday for Illinois municipalities and at least 48 hours in advance of holding said meeting at the location where said meeting was held and at the principal office of the Corporate Authorities; that said agenda described or made a specific reference to said ordinance; that a true, correct and complete copy of said agenda as so posted is attached hereto; and that said meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended, and that the Corporate Authorities have complied with all of the provisions of said Act and said Code, except as validly superseded by the home rule powers of the Village, and with all of the procedural rules of the Corporate Authorities in the adoption of said ordinance. I do further certify that the Ordinance was published by authority of the Corporate Authorities in pamphlet form on the 9th day of November, 2009, and the Ordinance as so published was on said date readily available for public inspection and distribution, in sufficient number to meet the needs of the general public, at my office as Village Clerk located in the Village. IN WITNESS WNEREoF I hereunto affix my official signature and the seal of the Village this 9th day of November, 2009. [SEAL] VILLAGE CLERK To ATTACH AGENDA -2- Village Cleric STATB OF ILLINOIS ) ) SS COUNTY OF COOK ) VIDEO /AODIo ATTENDANCE CERTIFICATE I, the undersigned, do hereby certify that I am the duly qualified and acting Village Clerk of the Village of Morton Grove, Cook County, Illinois (the " 11711age "), and as such official I do further certify as follows: 1. That at the meeting of the President and Board of Trustees of the Village (the "Corporate Authorities ") on the 9th day of November, 2009 (the "Meeting "), attended the Meeting by video or audio conference. 2. That said member(s) of the Corporate Authorities was /were prevented from physically attending the Meeting because of the reason(s) as follows: MEMBER REASON' 3. That said member(s) of the Corporate Authorities notified me before the Meeting that he /she /they wished to attend the Meeting by video or audio conference. 4. That attached hereto as Exhibit 1 is a true, correct and complete copy of the rules adopted by the Corporate Authorities for allowing a member of the Corporate Authorities to attend a meeting of the Corporate Authorities by video or audio conference. 5. That the Meeting was duly called, noticed and held in strict compliance with all of the provisions of the Open Meetings Act of the State of Illinois, as amended, except as said Act Section 7 of the Open Meetings Act of the State of Illinois, as amended, provides the following three reasons a person may be prevented from physically attending a meeting: (i) personal illness or disability; (ii) employment purposes or the business of the public body; or (iii) a family or other emergency. may be superseded by the home rule powers of the Village, and the ordinances, resolutions, rules, regulations and proceedings of the Corporate Authorities. IN WITNESS WHEREOF, I hereunto affix my official signature and the official corporate seal of the Corporate Authorities, this 9Th day of November, 2009. [SEAL] Village Clerk STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATE of FILING I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk of The County of Cook, Illinois, and as such officer I do hereby certify that on the day of November, 2009, there was filed in my office a properly certified copy of an ordinance passed by the President and Board of Trustees of the Village of Morton Grove, Cook County, Illinois, oil the 9th day of November, 2009, and entitled: AN ORDINANCE providing for the issuance of a Taxable General Obligation Refunding Installment Note, Series 2009B, of the Village of Morton Grove, Cook County, Illinois, and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said note. and that the same has been deposited in the official files and records of my office. IN WITNESS WHEREOF I have hereunto affixed my official signature and the seal of The County of Cook, Illinois, this 9"' day of November, 2009. County Clerk of The County of Cook, Illinois [SEAL] Legislative 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 I whenever his or her car is being driven by a person who enters an intersection against a red signal j indication. The purpose of this Legislation was to reduce violations, prevent crashes, avoid injuries, and j positively change drivers' behavior and save lives. United States cities using red light cameras report accident reductions between 20% and 80 %. Red light cameras operate by capturing two digital pictures d 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 received 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: i ,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: i Approval as presented. Second Reading: j Required - code amendment Special Consid or None Requirements: Administrator Approval _ Joseph F. Wade, Village Administrator Prepared by: Teresa Hoffman Liston, Corporation Counsel Reviewed 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 hone 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 goverment 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 ILCS 5/11 -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 bereinabove set forth. SECTION 2: Title 5, entitled Motor Vehicles and Traffic of the Municipal Code is hereby amended to add a Chapter ZA entitled Automated Traff e 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 nave and address of the owner; 2. The date and place of the violation; 3. The specific regulation violated; 4. The tine 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; A warning the failure to pay the fine or contest liability within a timely manner is all 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 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 shalt 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, terns, 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 9"' day of November 2009. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED by me this 9"' day of November 2009. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this I O'� day of November 2009. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Ordinance 09 -29 AN ORDINANCE GRANTING A SPECIAL USE PERMIT IN THE VILLAGE OF MORTON GROVE FOR PROPERTY LOCATED AT 8323 NAGLE AVENUE FOR A COMMERCIAL WIRELESS ANTENNA INSTALLATION Introduced: Synopsis: Purpose: Background: Programs, Depts. Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: Respectfully submitted November 9, 2009 This ordinance will approve a special use pen-nit to construct a commercial wireless antenna installation and ancillary equipment at 8323 Nagle Avenue for SAC Wireless, LLC on behalf of Clearwire. Commercial wireless antenna installations are allowed only as special uses. SAC Wireless, LLC on behalf of Clearwire requested a special use permit to construct a commercial wireless antenna installation and associated ground mounted equipment at 8323 Nagle Avenue. Section 332 (c)(7) of the Telecommunications Act of 1996 states local govenunent may not unreasonably discriminate among providers of cell phone services and may not regulate the siting of commercial antennas in a manner that has the effect of prohibiting the provision of personal wireless services. This statute also preempts local decisions based on environmental affects of Radio Frequency (RF) emissions, as the FCC has exclusive jurisdiction to regulate antennas based on RF emissions. The Plan Commission held a public hearing on this matter on October 19, 2009. No interested or concerned parties asked questions or made comments during this presentation. After the public hearing, the Plan Commission recommended approval of the request for the special use permit by a unanimous vote. Building and Inspectional Services; Village Plainer; Village Engineer N/A N/A The special use application was processed by the Building Commissioner, Village Engineer, and Village Planner pursuant to their normal course of business. Approval as presented. November 9, 2009, Required None Joseph FJ Wade, Village Administrator Prepared by / Reviewed by: Teresa Hoffer It Lis'on, Corporation Counsel Ed Hildebrandt, Building Commissioner AN ORDINANCE GRANTING A SPECIAL USE PERMIT IN THE VILLAGE OF MORTON GROVE FOR PROPERTY LOCATED AT 8323 NAGLE AVENUE FOR A COMMERCIAL WIRELESS ANTENNA INSTALLATION WHEREAS, the Village of Morton Grove (Village), 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 o Illinois and can exercise any power and perform any function pertaining to its govermnental affairs, including but not limited to, the power to tax and incur debt; and WHEREAS, the applicant, SAC Wireless, LLC on behalf of Clearwire, 635 Remington Road, Schaumburg, Illinois 60073,-bas made a proper application to the Plan Commission in the Village of Morton Grove under Plan Commission Case No. PC09 -05 requesting a special use permit for 8323 Nagle Avenue to construct a commercial wireless antenna installation and associated ground - mounted equipment at said site; and WHEREAS, said property is zoned and classified in the M -2 "General Manufacturing" under the provisions of the Village of Morton Grove Unified Development Code; and WHEREAS, pursuant to the applicable provisions of the Village of Morton Grove Unified Development Code, upon proper notice duly published in The Champion Newspaper, a newspaper of general circulation in the Village of Morton Grove, which publication took place on October 1, 2009, and upon the posting of a sign on the property and upon notice sent to property owners within two hundred fifty (250) feet of the subject property, pursuant to applicable law, the Morton Grove Plan Commission held public hearings relative to the above referenced case on October 19, 2009, at which time all interested and concerned parties were given an 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 certain conditions through a report dated November 9, 2009, a copy of which is attached hereto as Exhibit "A" and made a part hereof, and WHEREAS, Section 332(c)(7) the Federate Telecommunications Act of 1996 prohibits the local governments from regulating commercial wireless antenna facilities based on the enviromnental effects of Radio Frequency (RF) emissions; as the F.C.C. has the exclusive jurisdiction to regulate such facilities based on RF emissions; and WHEREAS, the Corporate Authorities have considered this matter at a Public Hearing and find pursuant to the relevant provisions of the Village ofMorton Grove Unified Development Code, that the proposed Special Use Permit complies with Village Ordinances and specific evidence was presented to establish granting the permit would not cause substantial injury to the value of the other properties in the neighborhood in which it is located; and WHEREAS, pursuant to the provisions of the Village of Morton Grove Unified Development Code, the Corporate Authorities have determined the Special Use Permit shall be issued subject to conditions and restrictions as hereinafter set forth. 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 commonly known as 8323 Nagle Avenue, Morton Grove, Illinois, is hereby granted a special use permit to allow for the construction of a commercial wireless anterma installation and associated ground - mounted equipment subject to the following conditions: 1. The proposed antenna installation and ground- mounted equipment be constructed in accordance with the site plan and elevations dated June 19, 2009; 2. A variation be granted from Section 12- 3 -6C.I of the Village of Morton Grove Unified Development Code regarding screening, landscaping and fencing; and 3. All other codes and ordinances be met. SECTION 3: A variance is hereby granted from Section 12- 3 -6C.1 of the Village ofMorton Grove Unified Development Code from screening and landscaping requirements per the site plan dated June 19, 2009. SECTION 4: The special use is granted for so long as the occupant and the users of this property utilize the area for the purposes as herein designated. SECTION 5: The Village Clerk is hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to show and designate the special use granted hereunder. SECTION 6: The applicant/owner shall comply with all requirements of the Village of Morton Grove ordinances and codes that are applicable SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED THIS 9th day of November 2009. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS 9th day of November 2009. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED AND FILED in my office This 10t" day of November 2009. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois November 9, 2009 y, f iiiiiiii! III Y �f ,gym. M y I ,J... Village President Mennbers of the Village Board 6101 Capulm Avenue Morton Grove, Illinois 60053 Dear President Staackmann and Members of the Village Board: On October 19, 2009, a public hearing was conducted by the Morton Grove Plan Commission, after being published on October 1, 2009 in the Champion newspaper, a sign posted on the property and written notification sent to property owners within 250 4 et of the subject property as required by ordinance, regarding: Plan Commission Case PC09 -05, wherein the applicant, SAC Wireless, LLC on behalf of Clearwire, 635 Remington Road, Schaumburg, Illinois 60073, requested a Special Use Permit to construct a commercial wireless antenna installation and associated ground- mounted equipment at 8323 Nagle Avenue. Ms. Bonnie Jacobson, Planner, introduced the case for the Village. She noted there are several other antenna installations on the existing towcr on this site, which is in a somewhat remote location of the Village. Site suggested that due to the remote nature of the site, a variation be granted from the landscaping /screening requirement, as was done for the other antenna installations. She added that none of the Village staff had comments or concerns and that the Appearance and Traffic Safety Commission waived revic%V. Mr. Tony Phillipps of SAC Wireless represented the applicant. He explained that Clearwire is a division of Sprint and provides a baclhaul service and provides a system for wireless connections. The proposed system is a microwave antenna system with a ground- nnounted cabinet at the base, and meets all FCC requirements for these facilities. The Plan Commissioners questioned the applicant with regard to power output antenna size, and the structural integrity of the tower. The applicant responded that the power output was minimal, the antennas range from two feet to thirty inches in diameter, and the tower is structurally sound or the antennas would not locate there. Mr. Hildebrandt, Building Commissioner, added that the structural report for the tower and antemnas are submitted and evaluated with the building permit. There were no interested or concerned parties regarding this case. Commissioner Roepenack moved, and Commissioner Gabriel seconded, to approve a special use permit for the construction of a conuncreial wireless antenna system and associated ground- mounted equipment at 8323 Nagle Avenue, subject to the following conditions: Richard '1'. tiickinger Municipal Center 6101 Capulina. Avenue u Morton Grote, Illinois 00053 -2985 s Sr Tel: (947) 965 -4100 Fl x: (847) 965 -4102 That the proposed antenna installation and ground - mounted equipment be accordance with the site plan and elevations dated 06/19/09; That a variation be granted from Section 12- 3 -6 -C1 of the Village of Morton Development Code regarding screening, landscaping and fencing; and That all other codes and ordinances be met. The motion passed: Yes — 5, No — 0, Absent— 2. The Voting constructed in Grove Unified Chairman Parkas Yes Commissioner Blonz Yes Commissioner Dorgan Absent Commissioner Gabriel Yes Commissioner Gattorna Absent Commissioner Roepenack Yes Commissioner Shimanski Yes The Findings of Fact for PC09 -05 relative to the seven special use standards by which a special use is evaluated is attached to this report. Re e tfully subn .lei '� f Ronald Fa as Plan Commission Chairman QI\Zoning \plan comm cascs\pc09 -05 repon.doc Findines of Fact Listed below are seven standards articulated in Section 12 -16 -4C of the Village of Ailorton Grove Unified Develop lent 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 public welfare would not be endangered by the proposed installation. 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 proposed antenna installation will not be injurious to the use and enjoyment of surrounding property. The property is in an industrial zoning district surrounded by industrial uses. The antennas will be mounted on an existing microwave tower and will be barely visible. The ground equipment will be on a pad adjacent to the stricture. 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 proposed installation is on an existing tower in an existing built -out industrial area that is not planned for redevelopment. Thus, orderly development is not impeded. 4. Adequate Facilities — Adequate utilities, access roads, drainage and other necessary facilities are in existence or are being provided. The proposed Special Use is on an existing tower where adequate facilities are already present. 5. Traffic Control — Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the public streets. The proposed use of the subject site should not draw substantial announts of traffic on local residential streets. The proposed antenna installation requires once a month service and thus will not affect traffic or cause congestion. The Traffic Safety Commission waived review of the case due to minimal traffic impact 6. Adequate Buffering — Adequate fencing and/or screening shall be provided to ensure the right of enjoyment of surrounding properties to provide for the public safety or to screen parking areas and other visually incompatible uses. No landscaping or screening is necessary since the equipment is stored in an adjacent cabinet and the area is already screened by a fence around the complex and the Forest Preserve, 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 part of the special use permit. The proposed installation will be required to adhere to all pertinent Village codes and ordinances. Comdevbaning \plancom \pc09 -o5 findings of fact November 2, 2009 Mr. Dan Staackman Village President Village of Morton Grove 6101 Capulina Morton Grove, Illinois 60053 Re: Clearwire IL- CH10116 8323 Nagle Request Waive of Second Reading Dear Mr. Staackman; Clearwire (a division of Sprint) is seeking all necessary approvals for the co- location of wireless Telecommunication equipment on the existing tower at 8323 Nagle. Clearwire is proposing to locate its dish antennas at approximately the 110' level on the existing 175' self- support lattice tower with a 4'x 2.5' equipment cabinet on 3'x 6' steel platform to be located within the existing American Tower owned parcel. The Clearwire facility is unmanned and will require service approximately once a month, by a single technician in a pick -up /van sized vehicle. On October 19", the Plan Commission unanimously recommended our petition for approval. The next hearing will be the November 9fh Village Board. It is at that time we respectfully request that you waive the Second Reading to help Clearwire make this site available for the December Launch, On behalf of Clearwire, SAC Wireless, LLC would like to thank the Village of Morton, Grove for continued support in our projects. Should you have any questions, please do not hesitate to contact me. Zoning Manager SAC Wireless, LLC — Representatives for Clearwire Site development, Architecture & engineering, Construction 635 cast Remington Road, Schaumburg, IL 60173 T 847.944.1622 F 847.991.5767 tony.phillips @sacw.com Levislative Summary �— RESOLUTION 09 -65 AUTHORIZATION TO EXECUTE A CONTRACT WITH ACTION MECHANICAL, INC. TO REPLACE THE 50 -TON AIR CONDITIONING COMPRESSOR AT 6101 CAPULINA AVENUE Introduced Objective Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: Administrator Approval: _ Joseph F. Wade, Village Administrator Prepared By: November 9. 2009 To award a contract for replacement of the 50 -ton air conditioning compressor at 6101 Capulina Ave. The purpose of the contract is to replace the inoperative Village Hall air conditioning compressor. In September, 2009 the Village Hall air conditioning compressor ceased operating. Due to age, the unit is not covered by the IIVAC full maintenance contract. We recommend replacing the unit now so that it will be ready for use in Spring, 2010. We have also received good pricing due to the off - season replacement schedule when contractors are seeking work. Action Mechanical, Inc., is the lowest bidder able to meet the requirements of the project specifications. Department of Building and Inspectional Services. Work will be paid in an amount not to exceed $14,800.00. General Fund. The Building Department will oversee contact administration and coordination. Approval as presented. Not Required —Bid Approval None Teresa Hoffman- Liston, Corporation Counsel Reviewed By: Ed Hildebrandt, Building Commissioner RESOLUTION 09 -65 AUTHORIZATION TO EXECUTE A CONTRACT WITH ACTION MECHANICAL, INC. TO REPLACE THE 50 -TON AIR CONDITIONING COMPRESSOR AT 6101 CAPULINA AVENUE 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 50 -ton air conditioning compressor for Village Hail, 6101 Capulina Avenue needs to be replaced; and WHEREAS, on October 8, 2009 the Village advertised in the Morton Grove Champion newspaper requesting sealed bids for replacing the 50 -ton air conditioning compressor for Village Hall at 6101 Capulina Avenue based upon specifications contained in bidding document 24- 4- (2009); and WHEREAS thirteen contractors submitted sealed bids with the following results: Vital Mechanical, Inc. $24,750.00 FranldinPark, IL Dynamic Heating & Piping Co $19,830.00 Crestwood, IL Oak Brook Mechanical Serv, Inc. $18,434.00 Elmhurst, IL National Heat & Power Corp $165447.00 Skokie, IL TDW Services, Inc. Bid Not Included Romeoville, IL Grunau Company $15,593.00 Oak Creels, WI International Piping Sys, Inc $26,420.00 Schaumburg, IL Westside Mechanical Serv, Inc. $261928.00 Arlington Heights, IL AMC Mechanical, Inc $25,619.24 Orland Park, IL Stanton Mechanical, Inc. $24,000.00 Elk Grove Village, IL ECI Mechanical, LLC $21,900.00 Markham, .IL Althoff Industries, Inc $185000.00 Crystal Lake, IL National Heating & Cooling, Inc $13,750.00 Burbank, IL Action Mechanical, Inc. $14,800.00 _Monee, IL and WHEREAS, after a thorough review of the thirteen bid packets it has been detennined that the lowest qualified bidder able to meet the specifications in the bid documents is Action Mechanical, Inc, Monee, IL; and WHEREAS, funds for the compressor replacement are available in the general fund. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOI{ COUNTY, ILLINOIS AS FOLLOWS: SECTION 1. The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2. The Village Administrator and staff are hereby authorized to execute a purchase order with Action Mechanical, Inc., 6370 W. Emerald Parkway, Ste I11, Monee, IL 60016, for the amount of $14,800.00 to replace the 50 -ton air conditioning compressor at 6101 Capulina Avenue based upon their October 28, 2009 bid and Village bid documents 24- 4- (2009). Section 3 That this Resolution shall be in full force and effect upon its passage and approval. PASSED this 9 "' day of November, 2009. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 9 "' day of November, 2009. Daniel J. Staackrnann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in any office This I O'' day of November, 2009 Tony S. Kalogerakos, Clerk Village of Morton Grove Cook County, Illinois