HomeMy WebLinkAbout2010-01-11 AgendaAGENDA
VILLAGE OF MORTON GROVE
MEETING OF THE BOARD OF TRUSTEES
TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER
January 11, 2010
Meeting 7:00 pm
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4.
i
6.
7.
8.
9.
10.
Approval of Minutes — Special Meeting of December 14, 2009
Regular Meeting of December 14, 2009
Special Reports
a. Plan Commission Case PC09 -06 Requesting a'fext Amendment to the Unified Development
Code Regarding Drive -thru Facilities to be Presented by Plan Commission Chairperson Ron
Farkas
Public Hearings
Resident's Comments (agenda items only)
President's Report — Administration, Northwest Municipal Conference, Council of Mayors, TIF
Committee, Capital Projects, Real Estate Committee
Clerk's Report — Legal, Cable and Telecommunications Commission
Staff Reports
a. Village Administrator
1) Presentation of the 2010 -2014 Capital Improvement Program and Financing Strategy
2) Miscellaneous Reports and Updates
b. Corporation Counsel
11. Reports by Trustees
a. Trustee DiMaria — Community and Economic Development Department, Waukegan Road TIF
Review, Comprehensive Plan, Real Estate (,7ommittee, Lehigh/Ferris TIF Review, Economic
Development, Dempster Street Corridor Plan (Trustee Thill)
1) Resolution 10 -01 (Introduced,fanuary 11, 2010)
Authorization to Approve the Execution of an Intergovernmental Agreement Establishing
the Northern Illinois Municipal Natural Gas Franchise Consortium
Resolution 10 -02 (Introduced Januaryv 11, 20)0)
Authorization to Execute an Agreement with Commonwealth Edison to Prepare
Engineering Documents to Bury Overhead Power Lines Along Lincoln Avenue
Trustee Gomberg — Finance Department, Community Relations Commission, Finance Advisory
Commission, Northwest Municipal Conference, Condominium Association (Trustee Toth)
1) Resolution 10 -05 (InmoducedJanuary 11, 2010)
Authorizing a Contractual Agreement with Chapman and Cutler. LLP for Services as Bond
Counsel and Authorizing Staff to Proceed with necessary Work to Issue General
Obligation Bonds 2010
2) Ordinance 10 -01 (Introduced January 11, 2010, First Reading)
Providinu for the Issuance. of One or More Series of General Obligation Bonds, Series
2010, of the Village of Morton Grove, Authorizing the Execution of One or More Bond
Orders in Connection Therewith and Prodding for the Levy and Collection of a Direct
Annual Tax for the Payment of the Principal of and Interest on Said Bonds
C. Trustee Grear — Fire Department, Emergency Management Agency, RED Center, NIPSTA,
Police and Fire Commission (Trustee DiMaria)
d. Trustee Marcus — Family and Senior Services Department, Police Department, Environmental
Health, Police and Fire Commission, IT Communications, Chamber of Commerce (Trustee
Gomberg)
1) Resolution 10 -03 (Introduced January 11, 2010)
Authorizing the Collective Bargaining Agreement Reached Between the Village of Morton
Grove and the Fraternal Order of Police, Lodge #135 for January 1, 2009 through
December 31. 2010
1 L Reports by Trustees (continued)
e. Trustee Thill — Public Works, Capital Projects, Traffic Safety Commission, Natural Resource
Commission, Solid Waste Agency of Northern Cook County, Advisory Commission on Aging
(Trustee Marcus)
1) Ordinance 09 -37 (Introduced December 14, 2009 — Second Reading)
Amending Title 5, Chapter 13, Article A -1; Entitled `Traffic Schedules" of the Municipal
Code of the Village
2) Resolution 10 -04 (Introduceddanumy 11, 2010)
Authorizing the Execution of a Servicc Contract wilh. Municipal GIS Partners (MGP) for
Geographical Information System Services
3) Ordinance 10 -03 (Introduced January 11, 2010 — First Reading)
Amending Title 5, Chapter 13, Article F, Section 2 entitled "No Parking During Certain
Hours" and Title 5, Chapter 13, Article F. Section 3B Entitled "Time Limit Parking Zones"
of the Municipal Code
Trustee Toth — Building Department, Appearance Commission, Capital Projects,
Plan Commission/Zoning Board of Appeals (Trustee Grear)
1) Ordinance 09 -33 ( Introduced December 14, 2009 —Second Reading)
Rezoning a Portion of the Property Commonly Known as 6201 Dempster Street, Namely
the East Parking Lot South of the Alley from the R -3 General Residential District to C- 1
General Commercial District
2) Ordinance 09 -34 (Introduced December 14, 2009 — Second Reading)
Granting a Special Use Permit in the Village for the Property Commonly Known as 6201
Dempster Street to Allow for the Construction of a Drive -Thru Banking Facility
3) Ordinance 10 -02 (Int^oduceddanuary 11, 2010 -- -First Reading)
Authorize a New Title 10, Chapter 5, Article "A" Entitled "Vacant Buildings" of the
Municipal Code of the Village of Morton Grove
4) Ordinance 10 -04 (Introduced January 11, 2010 — First Reading)
Amending the Village's Unified Development Code Section 12 -4 -31) Zoning Districts —
Commercial District — Uses to Allow Drive -Tluu Facilities, and Section 12 -5 -5 Special
Zoning Provisions — Criteria for Specific Commercial Uses — Drive -Thru Facilities within
the Village
12. Other Business
13. Presentation of Warrants — $1,117,481.76
$ 898,738.16
$2 092
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 citiaens, individuals with disabilities
who plan to attend and who require certain accommodations in order to observe anSorparticipate in this meeting or who
have questions regarding the ac Cessibility of these facilities, are requested to contact Susan or Marlene (841'14'0 -5Z 0)
promptly to allow= the Village to make reasonable acconnnodations.
MINUTES OF THE DECEMBER 14, 2009, SPECIAL MEETING
OF THE BOARD OF TRUSTEES
RICHARD T, FLICKINGER MUNICIPAL CENTER
6101 CAPULINA AVENUE
MORTON GROVE, ILLINOIS 60053
Pursuant to proper notice in accordance with the Open Meetings Act, the special meeting was called to
order at 6:00 pin by Mayor Daniel J. Staackmarm 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 Maria Toth, and Village
Clerk Tony Kalogerakos
Village Staff: Village Administrator Joseph F. Wade, Corporation Counsel Teresa
Hoffman Liston. Finance Director /Treasurer Ryan Horne, and
Community and Economic Development Director Bill Neuendorf
Also Present: None
Mayor Staackmann began by thanking staff for maintaining their professionalism and their
extraordinary efforts through this difficult time. He further noted during the course of the regular
meeting which would begin at 7:00 pm that evening, he intended on enforcing proper decorum. He
reminded the Board resident comments were for residents to make comments and Trustees should
refrain from engaging in a discussion at that time. Mayor Staackmanm stated the purpose of this
meeting was to discuss personnel and real estate issues. Both were appropriate for closed session.
Trustee Marcus then moved to adjourn to Executive Session to discuss the purchase /sale of real estate
in the TIF District and persormel matters. The motion was seconded by Trustee Thill and approved
unanimously pursuant to a roll call vote at 6:04 pm.
At the conclusion of the Executive Session, Trustee DiMaria moved to adjoum the Special Meeting.
The motion was seconded by Trustee Toth and approved unanimously pursuant to a voice vote at 6:34
pm.
Minutes by: Tony S. Kalogerakos
Special meeting minutes.] 2 -14 -09
FROM THE
DECEMBER 14, 20095
REGULAR MEETING
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O , sal rut; 1 �Oor) u d Do, cnibul 3I.'OU�). ,r put hc�trin �� 1s conduct d by the A1ertnn
G csc Pirn C1 ��Wnssi<n c�,ncerrl��� case PC t19 OC, 1�11un Ap�rlt. the \�ul,roc of ti orlon
Gr1 �e C'�01 C rpulina w _ti9ortus Grove ill 600) _ rulue, led a i xt airienduunt to Sc ions 1 ?-
4- 1) of the v ill,i��c of A1orton Crow Until d Development Code iceardir) "Drive -
nd t cern
1'11C docketed fo1 009 a
it �cd l ; the C n1 r sslor on ![s o��n mot ion far rnF;e
cas .ts co:l'inucd Irom i111 (o t n'ro 111;11
00 °). ou e. of c hour s pr.b1iLI d in the Ch:+,upion Ncv +st.�rper an
Scirlc nha U whcr ^ c vc,rlb� r nit Dcv uf'r 3. ^009.
Or uh�tcrrll °�.1 �I, OG9 h1 s. I;orurl1 l:cab.orr, i'l.uuui intodukcd Vr. Ril( ulcod<rf Ltirccror
Of Commur 1ty & >rconoillic Dcvclopmcnt, who presumed the case fol Lhc A /irl t )c 11
NeLlendorf reviewed the relevant luortions of the lJnificd Development Code end the proposed
,lo ndI sent. lie rcucd th rt the 111 r� c s speci rl use process requued for dove -throw h f�rulitres
n ; pn1Es \9olt m Cr rve rt a urn p trove des r lvttut rs�e is <�ardmg the Vill r fu's ability to ittrrct
bu resscs, 1ra111cularlV 1e.laurtrn(s. ,nd that llru proms d text amcndnent would r'lo,v orivc-
hruu h peer• hcs ors a p rltrittcd uae but unly on out -lots ur iv,,c shopping ccr[a's an 1 subject to
ccrWin conditions.
n proposed tn;cnd;� cut would onh� apple Whole the shohpino Center is situated on it tract that
is d !cast 400 Cect nxrsured pal 111,1 to the center Zinc of a 1 °ltlor street uu1 el least 4U0 feet
,i,estlred pupendreulv;y to the cntcr6nc of, a mtlor steel. ffe ,tided thrt then e �11any
r a tiles a poturtal bu r c s has to go through and it r� particularly d1 cult for restt�rran[s and
Molton Grove is et a compared to some other communities vvlueh clo not require a
.rd use Ir r n rL I L I n ihcr ai ucd but tl e 1.1�_r1tu rty, the npcnse Lind the time -(r amo it rakes
U1 go thnrutth th:: slu;u;rl in his view, driving im tv business.
I'he Colnmrssiona's questioned Ad1. Neticndur l as to how the surrourrdinn, comm till itics rcuultnc
dove thrown tacit ue: to which Mr. 1vurendorf responded that lie dui not htve specific
iWformation avoulable m hand. '1 he Col mislroners voted to continue the else until th y hltd more
information along that line.
The ctse 1v r' umtin 1cd rocii =, un Oc[oher 19 d009 and November 1G 2009 by +Le Plan
C oln1 li -,non turd (;Wally he ud on Does, r c r '009 when additional inft nt r:ion was presented
by MI. Nccic -rla I in r c I of drive +Ir w, >h t se relzuiatrans ut ccr gun crihcr
Richard T. Flickinger Municipal Center
„ 1,11,1, 6,1��0;1s�,4,a pot ina „�Aveppen��nMQijt,Pf�1:rQrpvi e Illinois 60053-2985
Tel: (847) 965 -4100 Fax: (847) 9h5 -4162
cot I 11. itics, Stiff als�i L!ddcd rest i coons to the or; OhIally proposed tiIl- Cli (III leiit to .in are that
the Hc lhh. safetf and rr'ellarc of tl;c commu;rity Baas protected in the ahsencc o(a ]caring.
Nt the Dccui�har hcurinlz the corntnissonas had scvcral c;ucsticuis. Cornnissioncr
i.t t ioc, ;iowa! h") ,% ni.mv P 1 01-M r,cs i, ithiit the Vi kkoe would meet t4c size critu io and +(
the c_ letion Mould r:q t tit p ss Innc.
P:1r � ucndti[ i.,pond „1 U;at Ihci, would oily he tit a potcntinl properties in [own that ianuld
h,t , t', t:!i cnouL,h t,t tad:e a h.Ii ta_c o, 11 1csc prov I,ioj r. N.- ticticoi I also iu,-,p( ids i
hn .i a piss IJ u i c ti, as,nt aidcrcd,
Cor�nnssioncr Wort/ had several ticStions for Mr. Ncm mdorf, asl_ing, among other dtings_ how
staff arrived <tt'he site sv: and Sethacl: critciia. Ile also questioned if fast food restaurams were
Iea l 111c typ of restaurants the V illapc ,uantcd to attract- Mr. Neucndorf i id ;cimCd the sites
,Wc i:.d it) he Lu 11C e110!1(311 It) the .csuiciions. oth, nMise a speCi.il use permit would
still he r- owm1ai
dil i ti,dt. I;ti l ti;tr, Ctiiiriis inner. added that ihcrc still would nccd to be adequate
p'ar for du .lIo pin, ,Inter and Ms. nrncd that the lot depth lays etpcci.,lly crit;ail
;c c , blr to u,n :c c h. �pin2.ur'cr, part n and an ou Ioi as ith a drive Flu .iiJ h a �d ,hat the
crit it feature of the Isrgc lot is that traffic circulation would be internal to the shopping center
and not on public streets.
Co!Ilntl�sione r Gabi cl was - disapp(%inted that Mole nearby conimcnities were not re.searc lied and
Itc n .l':so eo;iccrncd lbout the s ceiling r tt,irancnts hcing too restrictive in some cases turd
Fantod ninon Iicxihiiit}t as to the type of screcni;ig that wotild bo required.
Coll-nIISSIOnCI' ROC17)enaoh was :it Favor of helping ccoimmic development, whereas Chairman
Parkas was concerned that valuable input from residents through it puNic hearing would Inc lost if
these ill ivc- throughs became permitted uses.
hhc Plan Con-Imissioii discussed the merits of the proposed text amendment and suggested some
itodiiicatioiis. '1,11c following provisions were added as condiliom to the proposed amendment:
Section B -3 -d he amcatciecl to rege is that a by pass ';zinc acceptable to the Vill"ige
C;ngi�iccr De I,xovidcd
2. Section 13 -3 -g be amended to stetc: "l1' ary part of a diivc - through facility is located
Within one hundred fe z (100') of a o!olicrty line to any residant.ial use., it shall have solid
or opaque s'crccning to hn it visibility of the drive - through facility ii�om the icsidaiial
use.”
tcC,iou I,-' -j he added to sl ic : "No drivc- through window shall front tovaid a. major
artcria' road.
Richard 1 NNckinger Municipal Center
6101 Capulina Avenue ^ Morton Grove, Illinois 60053 -2485
Tel: (847) 965 -4100 Fax: (847) 965 -4162
Village of 3A grove
Dep�cirtmemt of Building and Inspectional Services
Direct Telephone 847/470 -5214
Direct Fax 647/668 -6185
C inr�is;ior,cr Geibriol mode a nmuom to aplrrovq ��hich �kas scconicd by Commissioner
Sh i.uu:ki, r�r a !cxt �r 1?- -3D and 12 -5 -SQ of tile CnificcI Degcloa�cnt
rcndrr cnt to s:ctions
(�� � i.:car�lu - �)�iss I Iui!,.,h fisilitJcs.
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he (lndin�_y of laid f,r PC 09 -OG re';ati�e u, tl c�ac is to ached [o this report.
I �> c� :ji,Hiv
Ronald l= aiiaas
Plan Commission Chairman
Richard T. Flickinger Municipal Center
61011 Caputnsa Avenue 'Moitoil Grove, Illinois 60053 -'N?J8
Te1: (847) 965 -4100 Fax: (847) 965 -4162
Village of c5kfortm grove
i iudim *c of F'a( t
iw Pix, (Intn r i.;n crn� ud.,d teat
�un.tan� R ��cticn i' 1.
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�n,� in�iltsi >��- clohnt� ; Ctxic. _
.,ont.�n condiliol s _ _is:
such
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t a ilnic!hc� pi<« s: tea .:taro di!� c-
thrt�u�_h Licilitict 4i open s,+ithin
the
Vi�I�tire,
and
�� Iv:;i thy: d ��
I Droll tr of the Code
is in
tht ben
intcru>t of
.ia �� _.niandni��
the Villa ^o.
Richard T. Flickinger Municipal Center
6101 Capulina Avenue e Morton Grove, lllinois 60053 -2985
Tel: (847) 965 -4100 Fax: (847) 965 - 4162
PROPOSED TEl "f AMENDMFNT REGARDING
DRIVE-THROUGH FACILITIES
Updated January 5, 2010 to include Plan Commission conditions
Revise Table as follows:
C dtegories of Use
Drive through facilities I o- S' S"
3 See cl i-ter 5 °'Special Zooin_L' Provisions ", of this title.
Revise Section 12 -4 -3D as follows:
12 -5 -5: CRITERIA FOR SPECIFIC COMMERCIAL SPECIAL GSES:
B. Drive - Through Facilities The restrictions listed below apply in all commercial
zoning districts to all facilities with drive -up windows that are intended to allow
customer transactions from a motor vehicle without entering the building,
including, but not limited to, fast food or drive in drive - through restaurants and
banking facilities:
A vehicle stacking area a minimum of one hundred feed (100') in length
for customers waiting to order food and drink for delivery at the drive -
up window must be provided on site and designed to not interfere with
normal parking or with vehicle movement on the site.
The vehicle stacking area must be designed to accommodate all waiting
vehicles on site, and if interior to a shopping center, cannot interfere
with major internal driveways or access drives.
3. Drive - through facilities shall be permitted uses on outlots within
large shopping centers provided they meet the following criteria. If
the following criteria are not met, the drive - through shall continue
to be a special use:
a. The shopping center shall be located on a lot that is a
minimum of four hundred feet (400') measured parallel
to the center line of the major street and four hundred
feet (400') measured perpendicular to the centerline of
the major street.
Q:Azoning%Di;ve- LhruViI ive -thru amendment rev I - ?- i C doc
b. All drive - through facilities shall be on outlets that front
the major arterial public road for the shopping center.
a Adequate site distances and circulation patterns to
assure pedestrian and driver safety shall be maintained
for the facility and the shopping center, per the review
and approval of the Village Engineer.
d. All access drives and traffic circulation shall be internal
to the shopping center, with no direct access to the
public. right -of -way. A bypass lane shall be provided,
where deemed necessary by the Village Engineer.
e. All order boards and drive -up windows shall be located
at least fifty feet (50') from the property line of any
residential use.
f. Any order board, speaker, microphone or other
amplification device that is located within one hundred
feet (100') of the property line of any residential uses
shall be placed and directed to direct amplified sound
away from the residential use.
a. Any drive - through facility that is located within one
hundred feet (100') of the property line of any
residential shall provide solid or opaque screening to
limit visibility of the drive - through traffic from the
In
residential use.
Ii. Off- street parking and loading for the drive - through
facility and shopping center shall be provided in
accordance with Chapter 7 of this 'Title.
Landscaping and screening for the drive - through
facility shall be provided in accordance with Chapter 11
of this Title.
The drive- through window shall not front on the major
arterial public road for the shopping center.
Q:AZoningVDrive- IhruAdrive -thru amendment rev 1- 5- I0 .doc
Legislative Summary
AUTHORIZATION TO APPROVE THE EXECUTION OF
AN INTERGOVERNMENTAL AGREEMENT ESTABLISHING
THE NORTHERN ILLINOIS MUNICIPAL NATURAL GAS FRANCHISE CONSORTIUM
Introduced
January 11, 2010
Objective i
To enter into an Intergovernmental Agreement to establish the Northern Illinois
Municipal Natural Gas Franchise Consortium.
Purpose:
'Fhe creation of the consortium will provide Morton Grove and other municipalities with
a greater negotiating power and reduced cost in negotiating and preparing a franchise
agreement for natural gas utilities.
Background:
Last year, the Villagc contributed $500 to the DuFage Mayor's and Manager's
Conference to determine whether it would be feasible to create a franchise consortium.
Initial reports have recommended municipalities, including Morton Grove, form the
Northern Illinois Municipal Natural Gas Franchise Consortium in order to jointly
I negotiate and prepare a model franchise agreement for municipal natural gas utilities. A
steering committee of municipalities has prepared the attached Intergovernmental
Agreement to establish this consortium. To date. over 70 communities have joined the
consortium and Village staff recommends it is in the best interest of the Village of
Morton Grove to approve the execution of this Intergovernmental Agreement and join
this consortium.
Programs, Departments
Administration, Finance, and Legal Departments
or Groups Affected
Fiscal Impact:
Reduced costs which may be incurred if the Village were to negotiate and draft a
franchise agreement on its own.
Source of Funds:
Not applicable.
Workload Impact:
The Administration and Legal Departments will implement this resolution in the course
of their normal duties.
Administrator
Approval as presented.
Recommendation:
Second Reading:
Not applicable
Special Considerations or
one
Requirements:
i
Administrator Approval � r � �' Prepared by:_
Josepu F. V ade, Village Administrator Teresa
Corporation Counsel
RESOLUTION 10 -01
AUTHORIZATION TO APPROVE THE EXECUTION OF
AN INTERGOVERNMENTAL AGREEMENT ESTABLISHING
THE NORTHERN ILLINOIS MUNICIPAL NATURAL GAS FRANCHISE CONSORTIUM
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 goverment affairs,
including but not limited to the power to tax and incur debt; and
WHEREAS, the Village of Morton Grove (the Village) wishes to grant a natural gas franchise
to the Northern Illinois Municipal Natural Gas Franchise Consortium (the Utility), wherein the Village
makes natural gas and related facilities and utilities available to the Village's residents, businesses and
land owners; and
WHEREAS, a number of Norther Illinois municipalities plan to create a consortium of
participating municipalities to cooperate and jointly prepare and negotiate a model franchise agreement
for natural gas with the Utility and with other utilities that serve these northern Illinois municipalities;
and
WHEREAS, participating in this joint effort will give the Village greater negotiating power
with natural gas utilities and will reduce the cost to the Village of drafting, negotiating, and finalizing a
new gas franchise agreement; and
WHEREAS. a steering committee of the participating municipalities has prepared an
Intergovernmental Agreement to establish the "Northern Illinois Municipal Natural Gas Franchise
Consortium" (the Consortium) for the purpose of preparing and negotiating a model franchise
agreement for natural gas utilities; and
WHEREAS, the Corporate Authorities of the Village has determined it is in the best interests of
the Village to approve and authorize the execution of the Intergovernmental agreement and become a
member of the Consortium pursuant to the terms of the Agreement.
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: Recitals. The foregoing recitals are incorporated into this Resolution as the
findings of the Board of Trustees of the Village of Morton Grove.
SECTION 3: Approval of Intereovernmental Agreement. The Intergovernmental Agreement
Establishing the Northern Illinois Municipal Natural Gas Franchise Consortium, in form and substance
substantially the same as Exhibit "A" to this Resolution (the Intergovernmental Agreement) is hereby
approved.
SECTION 4: Authorization to Execute the Agreement. The Village President and the Village
Cleric are hereby authorized and directed to execute and attest the Intergovernmental Agreement on
behalf of the Village.
SECTION 5: Effective Date. This Resolution shall be in full force and effect upon its passage
and approval.
PASSED TIIIS I I`" DAY OF JANUARY 2010
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
DiMaria
Gombero
Great
Marcus
Thill
Toth
APPROVED BY ME TEAS I It" DAY OF JANUARY 2010
Daniel J. Staackmann Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 12" DAY OF JANUARY 2010
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
AN INTERGOVERNMENTAL AGREEMENT
ESTABLISHING
THE NORTHERN ILLINOIS MUNICIPAL
NATURAL GAS FRANCHISE CONSORTIUM
Entered Into By Various Illinois Municipalities
as of
1, 2009
1112109
11/2109
AN INTERGOVERNMENTAL AGREEMENT
ESTABLISHING
THE NORTHERN ILLINOIS MUNICIPAL
NATURAL GAS FRANCHISE CONSORTIUM
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into as of
11 2009, (the "Effective Date ") by each of the Illinois home rule and non home
rule municipalities that (i) have executed a signature page confirming that they are parties to this
Agreement as of the Effective Date and (ii) have paid the initial $500 contribution required under
Paragraph 5.A.3 of this Agreement (individually the "Parties" and collectively the "Consortium,"
with each Party automatically a "Member" of the Consortium only for so long as the Member is
a Party to this Agreement):
WITNESSETH:
WHEREAS, Illinois municipalities make natural gas and related facilities and utilities
available to the residents, businesses, and land owners within their respective corporate
boundaries by granting franchises to natural gas utilities; and
WHEREAS, natural gas franchise agreements provide the terms and conditions under
which gas utility companies may utilize public rights -of -way in the provision of natural gas; and
WHEREAS, natural gas franchise agreements ordinarily have lengthy terms of years
and contain numerous important fiscal and regulatory requirements regarding, for example,
rights -of -way standards, municipal compensation, customer service standards, equipment
maintenance and capital commitments, and emergency response and preparedness; and
WHEREAS, the terms of many existing natural gas franchise agreements for many
Illinois municipalities have expired or will expire in the near future; and
WHEREAS, new natural gas franchise agreements should include modern provisions
and protections for Illinois municipalities and their constituents and significant energy efficiency
provisions that require not only levels of efficiencies on the part of the utilities, but also energy
audits and other conservation- related services from utilities; and
WHEREAS, the Parties have individually and collectively determined that it is
appropriate and in each of their best interests to jointly develop and negotiate a model franchise
agreement for natural gas utilities; and
WHEREAS, to achieve these and other related objectives, the Parties desire to utilize
the powers and authority granted to them under Article VII, Section 10 of the Illinois Constitution
of 1970; the Intergovernmental Cooperation Action, 5 ILCS 220/1 et seq.; the Local Land
Resource Management Planning Act, 50 ILCS 805/1 et seq.; and other applicable authority,
including without limitation the home rule powers of various Consortium Members; and
WHEREAS, after full consideration of all planning, fiscal, and other intergovernmental
issues effecting this matter, each of the Parties has determined that it is in the best interests of
its residents and the general public welfare that this Agreement be executed and implemented
by all of the Parties; and
IIW11x1
WHEREAS, each of the initial Parties to this Agreement (the "Founding Parties ") has
approved this Agreement by an ordinance or resolution duly adopted by the Party's corporate
authorities, which approval is evidenced by the signature page of the Party attached to this
Agreement,
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
herein made and pursuant to all applicable statutes and local ordinances noted above, all of the
Parties enter into the following:
SECTION 1. RECITALS
The foregoing recitals are, by this reference, incorporated into and made a part of this
Agreement.
SECTION 2. PURPOSE
This Agreement is made for the purpose of establishing the Northern Illinois Municipal
Natural Gas Franchise Consortium and endowing it with all of the authority, powers, and
resources necessary and convenient to allow the Parties jointly to most effectively and efficiently
address common and necessary issues related to the establishment of a model franchise
agreement for natural gas utilities. This Agreement is further intended to allow the Parties to
jointly seek any available local, state, and federal funds and other resources to assist in
addressing the natural gas utility issues identified by the Parties as necessary, and being
appropriate for, the joint action of the Parties.
SECTION 3. ESTABLISHMENT AND ORGANIZATION
A. Formation of Consortium. By this Agreement, the Parties establish the Northern
Illinois Municipal Natural Gas Franchise Consortium, The Consortium shall act in the manner
set forth in this Agreement in furtherance of the preparation and negotiation of a model natural
gas utility franchise agreement.
B. Membership and Member Representatives. Each Party is a Member of the
Consortium. As such, each Party must designate as its representative on the Consortium (the
"Member Representative ") either (i) the Member's chief administrative officer or the chief
administrator officer's duly authorized representative or (ii) if the Member does not have a chief
administrative officer, then the Member's mayor or president or the mayor's or president's duly
authorized representative. Each Member Representative shall operate and act with respect to
Consortium affairs and actions only pursuant to action duly authorized by the Member
Representative's corporate authorities.
C. Steering Committee Governance. The Consortium shall be managed and
operated by a Steering Committee comprised of Member Representatives from the Parties as
determined pursuant to this Subsection.
1. Councils of Government. The municipalities that are Parties to this
Agreement are members of various councils of government each separately established,
organized, and managed under Illinois law to provide joint planning and intergovernmental
cooperation among their respective members. The councils of government represented by the
Members of the Consortium are listed in Exhibit A to this Agreement ( "Consortium COGs31).
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1112(09
2. Selection of Steering Committee Members.
(a) COG Appointments, Each Consortium COG will appoint from
among its municipalities Consortium Members to serve on the Steering Committee.
Appointments to, and the length of service on; the Steering Committee will be at the discretion
of the appointing Consortium COG. Only COG members that are Parties to this Agreement
may have a Member Representative sit on the Steering Committee.
(b) Allotment of Appointments. The number of Steering Committee
appointments for each Consortium COG will be based on the number of members of a COG
that are Parties to this Agreement. A COG with 10 or fewer Parties to this Agreement will have
one appointment to the Steering Committee; a COG with at least 11 but no more than 20
Parties to this Agreement will have two appointments to the Steering Committee; and a COG
with more than 20 Parties to this Agreement will have three appointments to the Steering
Committee. A Party will be counted in the total for each Consortium COG of which that Party is
a member.
(c) Initial Steering Committee Composition and Roster. Based on the
Founding Parties, the Steering Committee will initially have sixteen (16) members. The specific
composition of the Committee and the distribution of its members and appointments among the
Consortium COGs is set forth in Exhibit B to this Agreement ( "Steering Committee Roster').
(d) Adjustments. On a yearly basis, the "Administrator' (as set forth
in Paragraph 3(f) of this Section) shall monitor COG member participation in the Consortium
and shall make adjustments to the Steering Committee membership as necessary to ensure
compliance with this Subsection. The Administrator will distribute to all Consortium Members
any amended Steering Committee Roster, Amended Steering Committee Rosters will be
deemed to replace automatically the Steering Committee Roster attached to this Agreement as
of the Effective Date and any subsequent amended Roster, as the case may be, without the
need for an amendment to this Agreement.
(e) Replacements. If a Member designated to appoint a Member
Representative to the Steering Committee does not name its Member Representative within
fourteen (14) calendar days after its designation, the Member's COG shall immediately appoint
another of its Members to name a Member Representative to serve on the Steering Committee.
3. Steering Committee Responsibilities. The Steering Committee is
responsible for the following matters:
(a) Consortium Operations. The Steering Committee is responsible
for all Consortium operations, management, and activities, including without limitation
establishing the contribution amounts to be paid by Consortium members in order to maintain
membership in the Consortium, as further provided in Section 5 of this Agreement.
(b) Draft Franchise Agreement. The Steering Committee will provide
for the preparation of a draft model natural gas franchise agreement (the "Draft Franchise
Agreement') that will be used in negotiation with natural gas utility companies that serve
Consortium members (the "Gas Utilities "). The Steering Committee is authorized to establish a
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11/2/09
drafting committee and other subcommittees as it deems necessary to prepare the Draft
Franchise Agreement.
(d) Communications. The principal goals of the Consortium are
preparation of a Draft Franchise Agreement and negotiation of a Final Franchise Agreement
that is acceptable to the greatest number of the Members as possible. Accordingly, in preparing
the Draft Franchise Agreement and negotiating the Final Franchise Agreement, the Steering
Committee shall advise and consult with Member Representatives from time to time regarding
procedural, substantive, and strategic issues in a continuing effort to achieve these goals.
(e) Appointed Counsel. The Steering Committee shall retain legal
counsel to represent the interests of the Consortium in the preparation of this Agreement, the
preparation of the Draft Franchise Agreement, and the preparation and negotiation of the Final
Franchise Agreement.
(f) Consortium Administrator. The Steering Committee shall select a
person or agency to administer the business affairs of the Consortium and to undertake such
other activities as assigned by the Steering Committee (the "Administrator"). The
Administrator will not be paid a fee for services, but the Steering Committee may reimburse the
Administrator for reasonable and appropriate costs and expenses, including without limitation
administrative overhead costs. The Administrator is specifically responsible for, among other
things (i) overseeing the finances of the Consortium, (ii) compiling and maintaining cost and
expenditure information regarding Consortium activities, and (iii) making recommendations to
the Steering Committee on Consortium costs and expenditures and on establishing required
contribution amounts from the Members as further set forth in Section 5 of this Agreement. The
Administrator, in consultation with the Steering Committee, also is responsible for preparing
periodic status reports not less than once every two (2) months, which reports will include the
status of all drafting and negotiations and a financial report including all expenditures from the
Consortium Fund established pursuant to Section 5 of this Agreement. The Members approve
the selection of the DuPage Mayors and Managers Conference and its executive director Mark
Baloga as the Administrator as of the Effective Date.
Officers.
(a) Chairperson. Steering Committee Member Representatives shall
choose from among themselves a Member Representative to serve as Chairperson of the
Steering Committee. The Chairperson will preside at all meetings of the Steering Committee
and will perform all other duties as may be prescribed by the Steering Committee.
(b) Vice Chairperson. Steering Committee Member Representatives
shall choose from among themselves a Member Representative to serve as Vice Chairperson of
the Steering Committee. The Vice Chairperson shall serve as Chairperson in the absence of
the Chairperson at any Steering Committee meeting and the Vice Chairperson shall have and
be assigned the additional powers and duties as the Steering Committee may prescribe.
-4-
(c)
Negotiation of Franchise
Agreement. After preparation of the
Draft Franchise Agreement
and concurrence of the Consortium, the Steering Committee will
undertake
negotiations with
the Gas Utilities. The
Steering Committee may establish a
negotiating
committee and
other subcommittees as it
deems necessary to prepare for and
undertake
negotiations for
a final model franchise
agreement for natural gas (a "Final
Franchise
Agreement').
(d) Communications. The principal goals of the Consortium are
preparation of a Draft Franchise Agreement and negotiation of a Final Franchise Agreement
that is acceptable to the greatest number of the Members as possible. Accordingly, in preparing
the Draft Franchise Agreement and negotiating the Final Franchise Agreement, the Steering
Committee shall advise and consult with Member Representatives from time to time regarding
procedural, substantive, and strategic issues in a continuing effort to achieve these goals.
(e) Appointed Counsel. The Steering Committee shall retain legal
counsel to represent the interests of the Consortium in the preparation of this Agreement, the
preparation of the Draft Franchise Agreement, and the preparation and negotiation of the Final
Franchise Agreement.
(f) Consortium Administrator. The Steering Committee shall select a
person or agency to administer the business affairs of the Consortium and to undertake such
other activities as assigned by the Steering Committee (the "Administrator"). The
Administrator will not be paid a fee for services, but the Steering Committee may reimburse the
Administrator for reasonable and appropriate costs and expenses, including without limitation
administrative overhead costs. The Administrator is specifically responsible for, among other
things (i) overseeing the finances of the Consortium, (ii) compiling and maintaining cost and
expenditure information regarding Consortium activities, and (iii) making recommendations to
the Steering Committee on Consortium costs and expenditures and on establishing required
contribution amounts from the Members as further set forth in Section 5 of this Agreement. The
Administrator, in consultation with the Steering Committee, also is responsible for preparing
periodic status reports not less than once every two (2) months, which reports will include the
status of all drafting and negotiations and a financial report including all expenditures from the
Consortium Fund established pursuant to Section 5 of this Agreement. The Members approve
the selection of the DuPage Mayors and Managers Conference and its executive director Mark
Baloga as the Administrator as of the Effective Date.
Officers.
(a) Chairperson. Steering Committee Member Representatives shall
choose from among themselves a Member Representative to serve as Chairperson of the
Steering Committee. The Chairperson will preside at all meetings of the Steering Committee
and will perform all other duties as may be prescribed by the Steering Committee.
(b) Vice Chairperson. Steering Committee Member Representatives
shall choose from among themselves a Member Representative to serve as Vice Chairperson of
the Steering Committee. The Vice Chairperson shall serve as Chairperson in the absence of
the Chairperson at any Steering Committee meeting and the Vice Chairperson shall have and
be assigned the additional powers and duties as the Steering Committee may prescribe.
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(c) Secretary. The Administrator shall serve as Secretary of the
Steering Committee, responsible for taking and keeping the minutes of all Steering Committee
meetings and for undertaking any additional powers and duties as the Steering Committee may
prescribe.
5. Steering Meetings and Notices. The Steering Committee will meet
periodically at times and places determined by the Steering Committee. A majority of the then -
current Steering Committee Members will be necessary to establish a quorum. All Member
Representatives may attend all meetings of the Steering Committee and provide comments.
Unless otherwise determined by the Steering Committee, all meetings of the Steering
Committee shall be kept confidential. The Steering Committee will provide notice of its
meetings to each Consortium Member as far in advance of the meeting as practicable,
preferably at least seven (7) calendar days, except when a time - sensitive matter demands
attention sooner. Notices will include, at a minimum, the time and place of the meeting and a
description of the topics to be covered at the meeting.
6. Full Consortium Meetings. In addition to Steering Committee meetings,
the Steering Committee will schedule and hold, at a minimum, two (2) meetings of the Member
Representatives from all Consortium Members, one of which will be to review and obtain the
concurrence of the Consortium on the terms and conditions of the Draft Franchise Agreement.
One third of the then - current Members of the Consortium will be necessary to establish a
quorum for Consortium meetings. As it deems necessary, the Steering Committee will
schedule additional meetings as negotiations are undertaken with the Gas Utilities and as the
Final Franchise Agreement is prepared and finalized. The Steering Committee will provide
notice to each Consortium Member of all full meetings of the Consortium as far in advance of
the meeting as practicable, preferably at least seven (7) calendar days, except when a time -
sensitive matter demands attention sooner. Notices will include, at a minimum, the time and
place of the meeting and a description of the topics to be covered at the meeting. The
Chairperson of the Steering Committee, or in the Chairperson's absence, the Vice Chairperson
of the Steering Committee, shall preside at all full Consortium meetings. The Administrator will
take and keep the minutes of all full Consortium meetings.
7. Telephone Meeting Participation. Members may participate in Steering
Committee meetings and in full Consortium meetings by telephone. The Steering Committee
and the Administrator will establish appropriate rules and procedures to govern telephonic
participation in these meetings. Participation by telephone shall constitute the presence of a
Member at the meeting for purposes of establishing a quorum.
D. Additional Members. The Steering Committee may accept additional
municipalities as parties to this Agreement and as Members of the Consortium ( "New
Members ") provided that a prospective New Member, prior to acceptance (1) must pay to the
Consortium the full amount of the contributions assessed pursuant to Paragraph 5.A.3 of this
Agreement as of the date of acceptance and (2) must properly approve and execute this
Agreement and deliver the fully- executed signature page to the Administrator.
E. Duration of Commission.
The
Consortium will remain
in place unless dissolved
and terminated as provided in Subsection
6.D
of this Agreement.
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1112/09
SECTION 4. GENERAL COOPERATION
The Members agree to cooperate with each other in furtherance of the purposes, goals,
and objectives of the Consortium. Cooperation required by this Agreement specifically includes,
but without limitation, the sharing and joint use by and among the Members of information and
other materials possessed or developed by the Members, either individually or collectively, and
necessary to investigate, identify, and otherwise document matters relevant to the preparation
and negotiation of the Draft Franchise Agreement and the Final Franchise Agreement and to
otherwise provide information and documents necessary to promote and achieve the purposes
and objectives of the Consortium as provided in this Agreement.
SECTION 5. REVENUES AND EXPENSES
A. Franchise Fund.
1. Establishment and Administration. The Consortium shall create and
maintain a fund (the "Franchise Fund') to pay the costs and expenses incurred or to be
incurred by the Consortium (the "Shared Costs "). The Franchise Fund will be administered by
the Administrator as set forth in this Agreement and as determined by the Steering Committee.
2. Shared Costs. Shared Costs include only costs incurred directly by the
Consortium for the common purposes of the Members as set forth in this Agreement. Shared
Costs include, without limitation, attorney's fees and costs for the Appointed Counsel,
extraordinary out -of- pocket expenses incurred by the Consortium in preparing the Draft
Franchise Agreement and in preparing and negotiating the Final Franchise Agreement, the
Administrator's costs and expenses, and any other professional services determined by the
Steering Committee to be necessary for the Consortium to meet its objectives as provided in
this Agreement. As specifically determined by the Steering Committee, Shared Costs may also
include extraordinary expenses incurred by a Consortium COG in furtherance of the purposes,
goals, and intent of this Agreement and the Consortium. The Members agree to use their staffs
and resources, including the Member Representatives, at no cost to the Consortium for joint
projects or actions undertaken by or on behalf of the Consortium. Shared Costs specifically but
without limitation do not include (a) fees and costs of attorneys other than the Appointed
Counsel and (b) salaries or other compensation paid to employees or agents of a Member. The
service to the Consortium of a Member and the Member's Representative is not a Shared Cost
as a general matter, the Members expecting and intending that each Member will contribute to
the operation of the Consortium at its own expense except as otherwise specifically approved in
advance by the Steering Committee.
3 Funding the Franchise Fund. The Franchise Fund will be funded by
contributions from the Members as determined from time to time by the Steering Committee on
the recommendation of the Administrator. The Steering Committee will set contribution
amounts only to the extent reasonably necessary to pay Shared Costs. The contribution
required from each Member as of the Effective Date is a nonrefundable five hundred dollars
($500.00) (the 'Initial Contribution "). As Consortium operations proceed, the Steering
Committee, through the Administrator, will provide notice and direction to all Consortium
members of additional contribution amounts necessary to fund the Franchise Fund in order to
pay Shared Costs (the "Additional Contributions'). Additional Contributions may be equal
among the Members or may be on a pro rata basis based on Member populations or other
factors as determined by the Steering Committee. For the purpose of permitting voluntary
withdrawal from the Consortium under Subsections 6.13 and 6.0 of this Agreement without
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1112109
liability for an Additional Contribution, an Additional Contribution will not be binding on a
voluntarily withdrawing Member until thirty (30) calendar days after the notice required by this
Paragraph.
4. Contributions Non - Refundable. No contribution to the Franchise Fund is
refundable, regardless of a Member's withdrawal or expulsion or any other circumstance. Any
funds remaining in the Franchise Fund at the time of dissolution of the Franchise Fund will be
distributed as provided in Paragraph 5.A.5 of this Agreement.
5. Franchise Fund Dissolution; Distribution of Remaining Funds. The
Franchise Fund must remain in place until all monetary obligations of the Consortium have been
fulfilled and no future obligations are anticipated. After all monetary obligations have been
fulfilled and when no future obligations are anticipated, the Steering Committee shall dissolve
the Franchise Fund. All money remaining in the Franchise Fund at the time of its dissolution will
be distributed only to the Members as of the date of the dissolution (the "Final Members').
Distributions will not necessarily be equal among the Final Members, but may be based, to the
extent practicable and in the discretion of the Steering Committee, on Additional Contributions
made by the Final Members or other factors.
B. Official Payee. For purposes of documentation and receipt of all funds and other
resources obtained by or on behalf of the Consortium pursuant to this Agreement, the DuPage
Mayors and Managers Conference will serve as the official payee for the Consortium.
SECTION 6. EXPULSION; WITHDRAWAL
A. Automatic Expulsion for Breach. If a Member does not (1) pay a contribution as
provided in Section 5 of this Agreement within the time provided by the Steering Committee for
payment or (2) commits a significant violation of a provision of this Agreement as determined by
the Steering Committee, then that Member is in breach of this Agreement. If the breach is not
cured within fourteen (14) calendar days after notice from the Administrator, or within such
additional time granted by the Steering Committee in advance of the expiration of the fourteen
(14) calendar day deadline, then that Member is expelled from the Consortium automatically
and without any vote or other action required by the remaining Members, the Steering
Committee, or the Administrator.
B. Voluntary Withdrawal. Any Member may voluntarily withdraw as a Member by
delivering to the Administrator, not later than twenty -one (21) calendar days before the intended
effective date of withdrawal, a certified copy of an ordinance or resolution of that Member's
corporate authorities declaring the Member's withdrawal from the Consortium as of a date
certain set forth in the ordinance or resolution.
C. Required Terms of Expulsion or Withdrawal. Any Member that has been
expelled or that is withdrawing (1) must pay in full all Additional Contributions to the Franchise
Fund approved and binding under Paragraph 5.A.3. of this Agreement, (2) is not entitled to any
refund of any money from the Franchise Fund at any time, and (3) must continue to keep all
business of the Consortium confidential to the fullest extent permitted by law. The provisions of
this Subsection C survive, and are enforceable against a Member after, expulsion or withdrawal,
D. Dissolution of the Consortium. The Consortium will be declared dissolved (1)
upon the written notice executed by no less than two- thirds of the then - current Members, or (2)
as otherwise determined by the Steering Committee.
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111/2/09
SECTION 7. COMPLIANCE
The Consortium and each Member must, and hereby agrees to, comply with all federal,
State of Illinois, and municipal laws, ordinances, rules, regulations, and orders, and the rules,
regulations, and orders of all duly constituted governmental agencies and authorities now in
force or that may hereafter be in force.
SECTION 8. GENERAL PROVISIONS
A. Notices. All notices and other materials required to be delivered to the
Consortium must be delivered to the Administrator. All notices and other materials required to
be delivered to the Members must be delivered to the Member Representatives. All notices
provided or required under this Agreement will be delivered using e -mail, to the e -mail
addresses provided to the Consortium by each Member. It is the responsibility of each Member
Representative to ensure that the Administrator has the correct e -mail address for the Member
Representative. The Administrator will provide a service list for notices on a periodic basis,
updated as necessary with current Member Representatives and their e -mail addresses.
B. Entire Agreement. There are no representations, covenants, promises, or
obligations not contained in this Agreement that form any part of this Agreement or on which
any Party is relying in entering into this Agreement.
C. Severability. If any provision of this Agreement is construed or held to be void,
invalid, or unenforceable in any respect, then the remaining provisions of this Agreement will not
be affected thereby but will remain in full force and effect until and only if determined otherwise
by the Steering Committee.
D. Interpretation. It is the express intent of the Parties that this Agreement will be
construed, interpreted, and applied so as to preserve its validity and enforceability as a whole.
In case of any conflict among provisions of this Agreement, the provision that best promotes
and reflects the intent of the Parties will control.
E. Amendments and Modifications. This Agreement may be modified, changed,
altered, or amended only with the duly authorized and written consent of three - fourths of the
then - current Members by their corporate authorities and pursuant to ordinances or resolutions
duly adopted and approved by the Members' corporate authorities. No amendment or
modification to this Agreement will be effective until it is reduced to writing and approved by the
corporate authorities of three - fourths of the then - current Members and properly executed in
accordance with all applicable statutory procedures.
F. Authority to Execute. Each Party hereby warrants and represents to each other
Party and to the Consortium that the person executing this Agreement on its behalf has been
properly authorized to do so by the corporate authorities of the Party.
G. No Third Party Beneficiaries. This Agreement does not create any rights or
interests in any third party and no provision of this Agreement may be interpreted, construed, or
applied to create any such right or interest.
-8-
11/2/09
H.
Execution.
This Agreement may be
executed by the Parties in identical original
duplicates,
and all of the
executed duplicates taken
together constitute one Agreement.
IN
WITNESS WHEREOF,
the
duly
authorized representative of each Member has
executed
this Agreement by signing
this
Page
as of the Effective Date.
Name of Member:
Signature of Member Representative:
Printed Name of Member Representative:
Title of Member Representative:
E -Mail Address of Member Representative:
[ADDITIONAL EXECUTION PAGES ATTACHED]
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11/2109
ATTACHMENT A
CONSORTIUM COGs
-10-
#8817124v6
ATTACHMENT B
STEERING COMMITTEE ROSTER
-11-
11/2/09
Natural Gas Franchise Consortium
Draft Intergovernmental Agreement
Summary of Key Terms
The Consortium's Steering Committee has prepared a draft Intergovernmental
Agreement creating the Northern Illinois Municipal Natural Gas Franchise Consortium. The
Agreement defines the Consortium's membership. creates structure and procedures for doing
business, provides for management of contributed funds, and sets standards for withdrawal
and dissolution. This joint effort will give participating municipalities greater negotiating
power with the natural gas utilities and will reduce the cost to each municipality of drafting,
negotiating, and finalizing a new gas franchise. Ilere is a list identifying key terms (with
references to the draft Agreement in parentheses):
• Each municipality that signs the Agreement and makes the first, nonrefundable $500
payment becomes a Member of the Consortium (Preamble).
• Each Member designates one of its key officials as its representative to the
Consortium (§ 313).
• Key decisions and day -to -day operations of the Consortium are handled by a Steering
Committee (§ 3C).
• Steering Committee responsibilities include preparation of a draft franchise
agreement, negotiation of that agreement with the gas companies, and decision -
making on behalf of the Consortium (§ 3C3).
• The Steering Committee will meet periodically (§ 3C5). All Consortium Members
will get notice of, and may attend, Steering Committee meetings.
• The Consortium will meet as a whole at least twice, and more as deternrined by the
Steering Committee (§ 3C6). The first meeting will be to obtain concurrence
regarding the draft franchise agreement to be negotiated with the gas companies.
Other meetings will be held as negotiations proceed and as the final terms are
formulated. Members may participate in the meetings by telephone (§ 3C7).
• Membership on the Steering Committee is coordinated through the Councils of
Govenunents (the "COGS "). Each COG appoints positions on the Steering Committee
from among the municipalities that are members of that COG (§ 3C2). The number of
Steering Committee members that each COG gets to appoint is based on the number
of Consortium members in that COG, as follows:
4 COGS with 10 or fewer Members = I Steering Committee member.
i COGs with 1 I to 20 Members = 2 Steering Committee members.
4 COGs with 21 or more Members = 3 Steering Committee members.
-I-
•
Based on that formula, the Steering Committee will have 15 initial members, as
follows:
Name of COG Consortium Members Steerinfy Comm.
DuPage Mayors and Managers Con£ 22 3
Lake County Municipal League: 1 I 2
McHenry Council of Governments: 4 1
Metro West Council of Governments: 5 1
Northwest Municipal Conference: 22 3
South Suburban Mayors and Managers Conf: 0 1
Southwest Council of Mayors: 1 1
West Central Municipal Conf: 8 1
Will County Goverment League: 3 1
Other (Normal):
• A municipality is counted in the total for each COG of which that municipality is a
member.
• The Administrator of the Consortium is the DuPage Mayors and Managers Conference
and its executive director Mark Baloga (§ 30(f)). The Administrator will administer
the business affairs of the Consortium, including the budget and expenses. The
Administrator will not be paid for services but may be reimbursed for reasonable and
appropriate costs incurred on behalf of the Consortium.
• Each Member must pay the initial, nonrefundable $500 contribution (§ 5A3). The
Steering Committee may require additional contributions to fund future Consortium
activities. Future contributions may be equal among Members or on a reasonable pro
rata basis determined by the Steering Committee. The Steering Committee will
provide an explanation of the need for each additional contribution.
• A Member may voluntarily withdraw from the Consortium at any time. A Member
need not pay an additional contribution if that Member withdraws within 30 days after
notice that an additional contribution is required.
• The Consortium will dissolve on the written decision of at least two- thirds of the then -
current Members or if the Steering Committee determines that the Consortium should
dissolve (§ 6D).
• Amendments to the Agreement require a three- fourths vote of the then- current
Members.
• If your attorney has questions about the Agreement, please contact Mark Baloga,
Executive Director, DuPage Mayors and Managers Conference, 630 -571 -0480, x223;
or mbalo�a�dmmc- coa.org.
-2-
Resolution 10 -02
AUTHORIZATION TO EXECUTE AN AGREEMENT WITH COMMONWEALTH EDISON
COMPANY TO PREPARE ENGINEERING DOCUMENTS TO BURY OVERHEAD POWER LINES
ALONG LINCOLN AVENUE
Introduced:
January 11, 2010
Synopsis:
This resolution will authorize the Village President to enter into an agreement with
Commonwealth Edison to prepare construction documents to bury above - ground utility lines
along Lincoln Avenue between School and Fernald.
Purpose:
A formal agreement is necessary to authorize and document an engineering deposit of $15,000
for Commonwealth Edison to proceed with the design of this work. The utilities must be
modified before the remainder of roadwav improvements can begin.
Background:
I,
In prior years, the Corporate Authorities approved Resolutions 08 -10 and 09 -33 which
authorized the preparation of plans, specifications and estimates for the rehabilitation of
Lincoln Avenue from approximately School Street to the Metra tracks. A portion of this work
involves the relocation and burial of existing overhead utility lines. Commonwealth Edison is
the lead agency in the utility work. They have provided an "order of magnitude" cost estimate
of $300,000. While this estimate is significantly more than the preliminary estimate
($100.000), the burial of these utility lines is considered essential to the overall success of the
roadway and streetscape improvement project. Commonwealth Edison requires a deposit of
$15,000 to proceed with the construction dOCUmentS and preparation of a final cost estimate.
This deposit will be applied to the eventual construction costs ofthis project. Incremental
taxes from the Lehigh - Ferris District will be used to pay for this work. Without these TIF
funds, it is unlikely these utilities would ever be relocated.
Programs,
Programs — Lehigh /Ferris TIF Redevelopment Project, Capital Improvement Program
Departments
Departments - Public Works, Community and Economic Development, Finance Departments
or Groups Affected
Groups— All residents
Fiscal Impact:
The cost of the engineering study shall not exceed $15,000. The estimated cost of the
construction is $300,000.
Source of Funds:
( The Village's source of the funds is the 2007 municipal bond that was issued for work within
the Lehigh /Ferris TIE District.
Workload Impact:
( The Public Works and Community and Economic Development Departments will perform the
management and implementation of this program as part of their normal work activities.
Administrator
Approval as presented.
Recommendation:
Second Reading:
Not required
Special Considerations
None
or Requirements:
r
Respectfully submitted:, / Review
.lo� ade, Village Administrator
Prepared by: Reviewed by.
by:
Ch:isT%�Jch, Village Engineer
Bill Neuendorf, Community id E onomic Dev Director Tetesa Hoff n' an"Liston, Corporation Counsel
f
RESOLUTION 10 -02
AUTHORIZATION TO EXECUTE AN AGREEMENT WITH COMMONWEALTH EDISON
COMPANY TO PREPARE ENGINEERING DOCUMENTS TO BURY OVERHEAD POWER
LINES ALONG LINCOLN 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,
and 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
Lchieh/Ferris Avenue Tax Increment Financing (TIF) Redevelopment Project Area and established a
special tax allocation fund to improve this area; and
WHEREAS, the Corporate Authorities have determined it is in the -best interest of the Village
to undertake certain improvements within this area including, but not limited to, land acquisition,
traffic signalization, streetscape, landscaping, lighting, and street improvements, building demolition,
and public infrastructure improvements; and
WHEREAS, the Corporate Authorities approved Resolutions 08 -10 and 09 -33 to design
roadway and streetscape improvements to Lincoln and Ferris Avenues in order to achieve some of the
goals of this Redevelopment District; and
WHEREAS, in order to complete this project, existing above ground utility poles will need to
be relocated and buried; and
WHEREAS, Commonwealth Edison Company, as the owner of these poles and the lead agency
responsible for their relocation and burial, have submitted an Order of Magnitude cost estimate of
$300,000 to complete this work and requires a $15,000 engineering deposit to prepare construction
drawings and a final cost estimate (see Exhibit "A "); and
WHEREAS, the burial of these above - ground utilities is considered necessary to provide
adequate room for the re- aligned curbs, decorative light poles, and street trees; and
WHEREAS, proceeds from the 2007 tax- exempt municipal bond for improvements to the Lehigh
Ferris District are available for this work; and
WHEREAS, funding for the above work is included in the adopted Village of Motion Grove's 2010
Budget as Account Numbers 15- 10 -99 -57 -1027 for Lincoln Avenue Streetscaping.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
TIME VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS:
SECTION I. The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses
into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth.
SECTION 2: The Village President of the Village of Morton Grove is hereby authorized to
execute, and the Village Clerk to attest, an agreement with Commonwealth Edison Company or their
designated contractor to prepare construction drawings and a construction cost estimate for the burial
of utility lines in an amount not to exceed $15.000.
SECTION 3: The Village Administrator, Village Engineer and Community and Economic
Development Director are hereby authorized to coordinate the implementation of this agreement with
Commonwealth Edison Company and other affected agencies.
SECTION 4. That this Resolution shall be in full force and effect upon its passage and approval.
PASSED this 1 1`l' day of JANUARY 2010
Trustee
Trustee
Trustee
"Trustee
Trustee
Trustee
DiMaria
Gomberg
Grear
Marcus
Thill
Toth
APPROVED by me this 1 It' day of JANUARY 2010
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 12`x' day of JANUARY 2010
Tony S. Kalogerakos, Village Clerk
Village of _Morton Grove
Cook County, Illinois
rsF xr,
EXHIBIT "A" 4u, k {f
Commonwealth Edison Company www.excloncom.com An Exclon Company
Public Relocation Department
Two Lincoln Centre
Oak Brook Terrace, IL 60181
December 10, 2009
Bill Neuendorf
Community and Economic Development
Village of Morton Grove
6101 Capulina Avenue
Morton Grove, IL 60053
Re: Relocation ofoverhead electric facilities along Lincoln Ave. in the Village of Morton Grove.
Mr, Neuendorf,
This letter is in reply to an inquiry regarding the Village of Morton Grove (the Village) request to relocate ComEd 's
(the Companv) overhead electric lines underground along Lincoln Ave. More specifically, the subject electric lines
are currently situated along the south and north side of Lincoln Ave. from just west of ( ieorgiana Ave. to the east side
of Fernald Ave. `
The estimated cost to relocate the existing overhead facilities is approximately 5300.000. Please remember this cost
represents a high level "Order of Magnitude" estimate without support of an engineering design and is being provided
to the Village to assist in your decision- making and budget process. The final costs may be higher or lower
depending on the mutual agreement of the relocated pole placements, final engineering design, the difficulty of work
area and what the accepted contract bid is for performing the work. This estimate is for the relocation of ComEd
electric facilities only. The Village will need to contact the other utilities for their relocation costs, if applicable.
Keep in mind as well; this "Order of Magnitude" estimate includes only a rough grade back 611 of all areas disturbed
by the ComEd construction removal and installation of equipment All finished grading, sodding and'or seeding is to
be completed by the Village within both the right -of -way and private property areas via an easement.
If the Village desires to proceed with the relocation, there will be an advance engineering charge required of $15.000.
This engineering charge is non - refundable, but will be credited toward the final cost of the project if the Village
authorizes the construction work to proceed once the design is complete.
When the final design cost estimate is calculated, there are two payment options available to the Village. The first
would be a progress payment schedule. This would include a first partial payment of 50% of the design estimate of
cost prior to the start of construction with the potential for multiple payments as construction progresses. Final
invoicing of this 100% reimbursable project will occur upon 100% completion of all work. The second option would
be under Rider LGC, Local Government Compliance, where ComEd adds an additional "per kilowatt-hour charge"
onto the monthly bills of all customers within the municipal boundaries of the Village of Morton Grove. As costs for
this project are incurred each month, the appropriate share of those costs will be reflected as a separate line item
charge on the monthly bills of the customers. The "per kilowatt- hour" charges will continue until the project is
completed and all costs for the project are reflected on ComEd's books of account.
If you have questions please feel free to call me directly
Sincerely,
Mark Bartolameolli. PMP
Program Manager
Office: 630 -437 -3182
Cell: 847 - 846 -3375
Cc: Eric Duray — External Affairs Manager, ComEd
Chris Tomich -- Village of Morton Grove, Engineering
Legislative Summary
Resolution IU -OS
AUTHORIZING A CONTRACTURAL AGREEMENT WITH
CHAPMAN AND CUTLER, LLP FOR SERVICES AS BOND COUNSEL
AND AUTHORIZING STAFF TO PROCEED WITH NECESSARY WORK
TO ISSUE GENERAL OBLIGATION I3ON,DS 2010
Introduced:
January 11, 2010
I
Synopsis:
This Resolution will authorize an agreement with Chapman and Cutler LLP to act
as Bond Counsel for the Village of Morton Grove during 2010.
Purpose:
,
T ?,e Vi11 age ofyla n o,; r:rc,ve requires ce n gin infras true rare ;mp rov�eme „rs capital
projects. and equipment purchases which require long term financing. In order to
issue bonds. the Village requires the services of a specialized bond counsel.
Background:
Favorable bond market conditions offer an opportunity for the Village of Morton Grove
to obtain funding for necessary capital improvement projects at favorable rates. The
Village currently requires funds for the acquisition, construction, and installation of street
improvement programs, water meter replacements, water main relocation(s) and
replacement(s), water tower painting, the purchase of a new ambulance, and other capital
improvements. The issuance of Build America Bonds will result in a significant savings
to the Village to finance these improvements. In order to issue said bonds, the Village
has determined it will need the services of Bond Counsel. The Village has previously
used Chapman and Cutler. LLP to serve as Bond Counsel, has found their services to be
excellent. and staff has recommended the Village retain Chapman and Cutler, LLP to act
as Bond Counsel and perform related services during 2010.
Programs, Departments
Finance Department
or Groups Affected
Fiscal Impact:
Chapman and Cutler's fee is based on the size, structure, timing, and tax exempt
status of the bonds and will be paid upon the closing of the sale of the bonds.
Source of Funds:
The fee will be paid from the proceeds of the sale of the bonds.
Workload Impact:
The Finance Department as part of their normal work activities will oversee the
implementation of this contact.
Administrator
Approval as presented.
Recommendation:
First Reading:
Not required.
Special Considerations or
None
Requirements:
Respectfully submitted:
Administrator
Prepared by:� i
Teresa ; loffinan Liston; 6flporation Counsel
f
RESOLUTION 10 -05
AUTHORIZING A CONTRACTURAL AGREEMENT WITH
CHAPMAN AND CUTLER LLP FOR SERVICES AS BOND COUNSEL
AND AUTHORIZING STAFF TO PROCEED WITH NECESSARY WORK TO ISSUE
GENERAL OBLIGATION BONDS 2010
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois,
can exercise any power and perform any function pertaining to its government affairs, including but not
limited to the power to tax and incur debt; and
WHEREAS, favorable bond market conditions offer an opportunity for the Village of Morton
Grove to obtain funding for necessary capital improvement projects at favorable rates; and
WHEREAS, the contemplated use of said bond funding will include the acquisition,
construction, and installation of street improvement programs, water meter replacements, water main
rclocation(s) and replacement(s), water tower painting, the purchase of a new ambulance, and other
capital improvements; and
WHEREAS, in order to issue said bonds, the Village has determined it will need the services of
Bond Counsel; and
WHEREAS, the Village has previously used Chapman and Cutler. LLP to serve as Bond Counsel
and has found their services to be excellent; and
WHEREAS, staff has recommended the Village retain Chapman and Cutler, LLP to act as Bond
Counsel and perform related services.
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 Administrator and/or his designee is hereby authorized to negotiate
and to execute all documents necessary to retain Chapman and Cutler LLP to act as Bond Counsel for
the Village of Morton Grove during 2010. The cost for Bond Counsel services will be billed on a
"transactional basis" instead of an hourly fee, and will be established after the Village confirms the size,
structure, timing,, and tax exempt status of the bonds proposed to be issued.
SECTION 3: The Village Administrator and /or his designee is hereby authorized to take all
steps necessary to implement said contract.
SECTION 4: This Resolution shall be in full force and effect upon its passage and approval.
PASSED this 11 ", day of January 2010.
Trustee
Trustee
'Trustee
Trustee
"Trustee
Trustee
DiMaria
Gornber<?
Grear
Marcus
Thill
Toth
APPROVED by me this i I"' day of January 2010.
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and PILED in my office
this 12`h day of January 2010.
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Legislative Summary
Ordinance 10 -01
PROVIDING FOR THE ISSUANCE OF ONE OR MORE SERIES OF GENERAL OBLIGATION
BONDS, SERIES 2010, OF THE VILLAGE OF MORTON GROVE, AUTHORIZING THE
EXECUTION OF ONE OR MORE BOND ORDERS IN CONNECTION THEREWITH AND
PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX FOR THE
PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS
Introduced:
I January 1 1, 2010
Svnopsis:
This ordinance will authorize the Village to
issue one or more series of General Obligation
Bonds, Series 2010.
Purpose:
The issuance of these bonds will allow the Village to finance identified capital improvement debt
incurred pursuant to the:
Street Improvement Program (2010, 2011, 20121
2013) SS million
Village Wide Water Meter Replacement
$2.58 million
Feeder Main Relocation Near North Station
$ 230,000
Water Tower Painting of Bot14 Towers 2-010
& 2011 $ 740,000
River Crossing Water Main Replacement
$ 700,000
Storm Water Study
$ 35,000
Salt Dome Replacement (2013)
$ 294,000
Ambulance 2010 or 2011
$ 275.000
Total
y 9,852,009
Background:
i
I Based on the recommendation of staff and the
Village's financial advisors. First trust Portfolios
the use of Build America Bonds will result in
a significant savings.
Programs, Departs
Finance and Legal Departments.
or Groups Affected
Fiscal Impact:
The Debt Service is to be allocated 50% General
Fund and 50% Enterprise Fund, to be paid over
twenty years.
Source of Funds:
Not applicable
Workload Impact:
The Village Administrator's office, Finance
Department, Corporation Counsel, along with the
Village's bond consultant and bond counsel
will manage and oversee this work.
Admin Recommen:
Approval as presented.
First Reading:
January 11, 2010
Special Considerat None
or Requirements:
Respectfully submitted:. ���d J �e.
to ph F. Wade, Village Administrator
Reviewed by:
Teresa Ij ffn Gi Liston, Corporation Counsel
ORDINANCE NUMBER 10 -01
AN ORDINANCE providing for the issuance of one or more series of
General Obligation Bonds, Series 2010, of the Village of Morton
Grove, Cook County, Illinois, authorizing the execution of one or
more bond orders in connection therewith and providing for the
levy and collection of a direct annual tax for the payment of the
principal of and interest on said bonds.
Adopted by the President and Board of
Trustees on the 11th day of January,
2010.
Published in Pamphlet Form by
Authority of the President and Board of
Trustees on the 1 Ith day of January,
2010.
Bond Ord for 2010
2176022 • PMA
TABLE OF CONTENTS
SECTION
HEADING
PAGE
Preambles...........................................................................................................
..............................1
SECTION1.
DEFINITIONS .................................................................. ..............................2
SECTION 2.
INCORPORATION OF PREAMBLES.. ..... ........................................................
6
SECTION 3.
DETERMINATION TO ISSUE BONDS .............................................................
6
SECTION 4.
BOND DETAILS., ...................................... ................ .........
......... 6
SECTION 5.
REGISTRATION OF BONDS; PERSONS TREATED AS OWNERS ............r.......8
SECTION 6.
BOOK ENTRY PROVISIONS ............................................. ..............................9
SECTION 7.
EXECUTION: AUTHENTICATION ... .............................................................
I 1
SECTION8.
REDEMPTION ................................................................. .............................12
SECTION9.
FORM OF BONDS ........................................................... .............................18
SECTION 10.
SECURITY FOR THE BONDS ........................................... .............................24
SECTION 11.
TAX LEVY; ABATEMENTS ............................................ .............................24
SECTION 12.
FILING WITH COUNTY CLERK ...................................... .............................25
SECTION 13.
SALE OF BONDS; BOND ORDER; OFFICIAL STATEMENT ..........................25
SECTION 14.
CONTINUING DISCLOSURE UNDERTAKING .................. .............................28
SECTION 15.
CREATION OF FUNDS AND APPROPRIATIONS AND APPROVAL
OF DIRECTION FOR REDEMPTION ................................. .............................28
SECTION 16.
GENERAL TAX COVENANTS ......................................... .............................30
-i-
SECTION
17.
CERTAIN SPECIFIC TAX COVENANTS ........................... .............................31
SECTION
18.
TAXES PREVIOUSLY LEVIED ........................................ .............................35
SECTION
19.
MUNICIPAL. BOND INSURANCE .................................... .............................35
SECTION
20.
RIGHTS AND DUTIES OF BOND REGISTRAR ................ .............................35
SECTION21.
DEFEASANCE ................................................................. .............................37
SECTION
22.
PUBLICATION OF ORDINANCE ......... ............................................ ............
38
SECTION
23.
SEVERABILITY .............................................................. .............................38
SECTION
24.
SUPERSEDER AND EFFECTIVE DATE ............................ .............................39
LIST OF EXHIBITS
A
-FORM OF
BOND ORDER
B
-- -FORM OF
CONTINUING DISCLOSURE UNDERTAKING
-ii-
ORDINANCE NUMBER 10 -01
AN ORDINANCE providing for the issuance of one or more series of
General Obligation Bonds, Series 2010, of the Village of Morton
Grove, Cook County, Illinois, authorizing the execution of one or
more bond orders in connection therewith and providing for the
levy and collection of a direct annual tax for the payment of the
principal of and interest on said bonds.
PREAMBLES
WHEREAS
A. The Village of Morton Grove, Cook County, Illinois (the "Village "), has a
population in excess of 25,000, and pursuant to the provisions of the 1970 Constitution °of the
State of Illinois and particularly Article VII, Section 6(a) thereof, is a home rule unit and as such
may exercise any power or perform any function pertaining to its government and affairs,
including, but not limited to, the power to tax and to incur debt.
B. Pursuant to the home rule provisions of 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.
C. The President and Board of Trustees of the Village (the "Corporate Authorities")
have determined it is necessary and convenient for the public health, safety and welfare to
acquire, construct and install capital equipment and infrastructure improvements in and for the
Village, including but not limited to waterworks and sewerage system improvements, street
improvements, and a new ambulance, and to pay expenses incidental to such improvements and
costs of issuance of bonds for such purpose (such improvements and related expenses and costs
being the "Project ") at an estimated cost of $10,200,000 and, there being no funds on hand and
allocable to the purpose, the Corporate Authorities have determined it is necessary and
convenient to borrow not to exceed said sum of $10,200,000 at this time pursuant to the Act and,
in evidence of such borrowing, to issue general obligation bonds of the Village in not to exceed
such principal amount.
D. The Congress of the United States has adopted the American Recovery and
Reinvestment Act of 2010, which permits state or local governments to obtain certain tax
advantages when issuing taxable obligations, referred to as "build America bonds," to finance
governmental projects; the bonds as herein provided to be issued for the Project may qualify
under said act as "build America bonds," and it is advisable and necessary that the Village be
able to maximize certain of the tax advantages as allowed under said act as in this Ordinance
provided.
E. The Corporate Authorities have heretofore, and it herby expressly is, detennined
that it is desirable and in the best interests of the Village that certain officers of the Village be
authorized to sell one or more series of bonds from time to time and accordingly, it is necessary
that said officers be so authorized with certain parameters 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, in the exercise of its home rule powers, as follows:
Section 1. Definitions. Words and terms used in this Ordinance shall have the
meanings given them, unless the context or use clearly indicates another or different meaning is
intended. Words and terms defined in the singular may be used in the plural and vice - versa.
Reference to any gender shall be deemed to include the other and also inanimate persons such as
corporations, where applicable.
A. The following words and terms are as defined in the preambles.
Corporate Authorities
Project
-2-
Village
B. The following words and terms are defined as set forth.
"Act" means the Illinois Municipal Code, as supplemented and amended, and also
the home rule powers of the Village under Section 6 of Article VII of the Illinois
Constitution of 1970; and in the event of conflict between the provisions of the code and
home rule powers, the home rule powers shall be deemed to supersede the provisions of
the code.
"Ad b'alorem Property Taxes 11 means the real property taxes levied to pay the
Bonds as described and levied in Section 11 of this Ordinance.
"Bond Counsel" means Chapman and Cutler LLP, Chicago, Illinois.
Bond Fund" means the Bond Fund established and defined in Section 15 of this
Ordinance.
"Bond Afoneys" means the Ad Valorem Property Taxes and any other moneys
deposited into the Bond Fund and investment income held in the Bond Fund.
"Bond Order" means a Bond Order as authorized to be executed by Designated
Officers of the Village as provided in (Section 13 of) this Ordinance, substantially in the
form (with related certificates) as attached hereto as ExhibitA, and by which the final
terms of the Bonds will be established.
"Bond Purchase Agreement" means the contract for the sale of the Bonds by and
between the Village and the Purchaser.
"Bond Register" means the books of the Village kept by the Bond Registrar to
evidence the registration and transfer of the Bonds.
"Bond Registrar" means The Bank of New York Mellon Trust Company,
National Association, anational banking association, having trust offices located in the
City of Chicago, Illinois, or its successors, in its capacity as bond registrar and paying
-3-
agent under this Ordinance, or a substituted bond registrar and paying agent as hereinafter
provided.
"Bonds" means any of the one or more series of general obligation bonds of
various names authorized to be issued by this Ordinance.
Book Entry Form" means the form of the Bonds as fully registered and available
in physical form only to the Depository.
Build America Bonds" means taxable bonds authorized by the Stimulus Act and
as so designated pursuant to this Ordinance, the interest on which, but for Section 54AA
of the Code, would b_Q excludable from gross income of the owners thereof under the
Code for federal income taxation.
"Business Day" means any day other than a day on which banks in New York,
New York, Chicago Illinois, or the city in which the Bond Registrar maintains an office
designated for the purpose, are required or authorized to close.
"Code " means the Internal Revenue Code of 1986, as amended.
"Continuing Disclosure Undertaking" means the undertaking by the Village for
the benefit of the Purchaser as authorized in Section 14 of this Ordinance and
substantially in the form as attached hereto as Exhibit C.
"County" means The County of Cook, Illinois.
"County Clerk" means the County Clerk of the County.
"Depository" means The Depository Trust Company, a limited purpose trust
company organized under the laws of the State of New York, its successors, or a
successor depository qualified to clear securities under applicable state and federal laws.
"Designated O icers" means the Village President and the Village Clerk.
-4-
"Government Securities" means direct full faith and credit obligations of the
United States of America (including, bills, notes, bonds and obligations of the State and
Local Government Series).
"Ordinance" means this Ordinance, numbered as set forth on the title page, and
passed by the Corporate Authorities on the I 1 th day of January. 2010.
.'Purchase Price" means the price to be paid for the Bonds as set forth in a Bond
Order, provided that no Purchase Price for any Series of Bonds shall be less than 98% of
the par value, plus accrued interest from the date of issue to the date of delivery.
"Purchaser" means, for any Series of Bonds, First Trust Portfolios, LLP,
Wheaton, Illinois.
Qualified Build America Bonds " means Build America Bonds that are "qualified
bonds" within the meaning of Section 54AA(g) of the Code, for which an issuer is
entitled to apply to receive payments equal to 35% of the interest payable on such bonds
on any interest payment date pursuant to Section 6431 of the Code.
"Record Date" means the 1st day of the month in which any regularly scheduled
interest payment date occurs on the 15th day of that month and the 15th day prior to any
interest payment date occasioned by a redemption of Bonds on other than a regularly
scheduled interest payment date.
"Series" means any of the one or more separate series of the Bonds authorized to
be issued pursuant to this Ordinance.
"Stated Maturity" means, with respect to any Bond or any interest thereon, the
fixed date on which the principal of such Bond or the interest thereon is due and payable,
whether by maturity or otherwise.
-5-
"Stimulus Act" means the American Recovery and Reinvestment Act of 2010,
Pub. L. No. 11I -5, 123 Stat. 115 (2010), enacted February 17, 2010.
"Tax- exempt" means, with respect to the Bonds, the status of interest paid and
received thereon as excludable from the gross income of the owners thereof under the
Code for federal income tax purposes except to the extent that such interest may be taken
into account in computing an adjustment used in determining the alternative minimum
tax for certain corporations.
"Term Bonds" means Bonds subject to mandatory redemption by operation of the
Bond Fund and designated as term bonds herein.
C. Definitions also appear in the above preambles or in specific sections, as appearing
below. The table of contents preceding and the headings in this Ordinance are for the
convenience of the reader and are not a part of this Ordinance.
Section 2. Incorporation of Preambles. The Corporate Authorities hereby find that all
of the recitals contained in the preambles to this Ordinance are true, correct and complete and do
incorporate them into this Ordinance by this reference.
Section 3. Determination To Issue Bonds. It is necessary and in the best interests of
the Village to provide for the Project, to pay all necessary or advisable related costs, and to
borrow money and issue the Bonds for the purpose of paying a part of such costs. It is hereby
found and determined that such borrowing of money 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. Bond Details. A. For the purpose of providing for the Project, there shall
be issued and sold Bonds in one or more Series in the aggregate principal amount of not to
exceed $10,200,000.
-6-
R The Bonds may each be designated "[Taxable] General Obligation Bona
Series 2010[Letter Designation]" or in each case such other name or names or series
designations as may be appropriate and as stated in a relevant Bond Order. The Bonds shall be
dated on or before the date of issuance as may be set forth in a relevant Bond Order (the "Dated
Date "); and each Bond shall also bear the date of authentication thereof. The Bonds shall be
fully registered and in Book Entry Form, shall be in denominations of 55,000 or integral
multiples thereof (but no single Bond shall represent principal maturma on more than one date),
and shall be numbered consecutively within Series in such fashion as shall be determined by the
Bond Registrar. The Bonds shall become due and payable serially or as Term Bonds (subject to
right of prior redemption) on December 15 of the years in which the Bonds are to mature.
C. The Bonds shall mature in the amounts and in the years as shall be set forth in the
relevant Bond Order. Provided, however, that (i) the maximum Stated Maturity date of the Bonds
shall not extend past December 15, 2029, and (ii) the sung of the principal of mid interest on the
Bonds due (or subject to mandatory redemption) in any given Bond Year shall not exceed
$950,000. Further conditions of sale and delivery are set forth below (Section 13).
D. Each Bond shall bear interest at a rate not to exceed percent ( %) for
Tax - exempt Bonds or eight percent (8.00 %) for Qualified Build America Bonds from the later of
its Dated Date as herein provided or from the most recent interest payment date to which interest
has been paid or duly provided for, until the principal amount of such Bond is paid or duly
provided for, such interest (computed upon the basis of a 360 -day year of twelve 30 -day months)
being payable on June 15 and December 15 of each year, commencing on June 15, 2010, or
December 15, 2010, as shall be provided in a relevant Bond Order. Interest on each Bond shall
be paid by check or draft of the Bond Registrar, payable upon presentation thereof in lawful
money of the United States of America, to the person in whose name such Bond is registered at
-7-
the close of business on the applicable Record Date and mailed to the registered owner of the
Bond as shown in the Bond Registrar or at such other address furnished in writing by such
Registered Owner, or as otherwise may be agreed with the Depository for so long as the
Depository or its nominee is the registered owner as of a given Record Date. The principal of the
Bonds shall be payable in lawful money of the United States of America upon presentation
thereof at the office of the Bond Registrar maintained for the purpose or at successor Bond
Register or locality.
E. The Bond Order for a relevant Series shall designate which Bonds shall be
Tax - exempt and which Bonds shall be Qualified Build America Bonds.
Section S. Registration of Bonds; Persons Treated as Owners. The Village shall cause
books (the "Bond Register" as defined) for the registration and for the transfer of the Bonds as
provided in this Ordinance to be kept at the office of the Bond Registrar maintained for such
purpose, which is hereby constituted and appointed the registrar of the Village for the Bonds.
The Village shall prepare, and the Bond Registrar or such other agent as the Village may
designate shall keep custody of, multiple Bond blanks executed by the Village for use in the
transfer and exchange of Bonds. Subject to the provisions of this Ordinance relating to the
Bonds in Book Entry Form, any Bond may be transferred or exchanged, but only in the manner,
subject to the limitations, and upon payment of the charges as set forth in this Ordinance. Upon
surrender for transfer or exchange of any Bond at the office of the Bond Registrar maintained for
the purpose, duly endorsed by or accompanied by a written instrument or instruments of transfer
or exchange in form satisfactory to the Bond Registrar and duly executed by the registered owner
or an attorney for such owner duly authorized in writing, the Village shall execute and the Bond
Registrar shall authenticate, date and deliver in the name of the transferee or transferees or, in the
case of an exchange, the registered owner, a new fully registered Bond or Bonds of like tenor, of
-8-
the same maturity, bearing the same interest rate, of authorized denominations, for a like
aggregate principal amount. The Bond Registrar shall not be required to transfer or exchange any
Bond during the period from the close of business on the Record Date for an interest payment to
the opening of business on such interest payment date or during the period of 15 days preceding
the giving of notice of redemption of Bonds or to transfer or exchange any Bond all or any
portion of which has been called for redemption. The execution by the Village of any fully
registered Bond shall constitute full and due authorization of such Bond, and the Bond Registrar
shall thereby be authorized to authenticate, date and deliver such Bond; provided, however, the
principal amount of Bonds of each maturity authenticated by the Bond Registrar shall not at any
one time exceed the authorized principal amount of Bonds for such maturity less the amount of
such Bonds which have been paid. The person in whose name any Bond shall be registered shall
be deemed and regarded as the absolute owner thereof for all purposes, and payment of the
principal of or interest on any Bond shall be made only to or upon the order of the registered
owner thereof or his legal representative. All such payments shall be valid and effectual to
satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. No
service charge shall be made to any registered owner of Bonds for any transfer or exchange of
Bonds, but the Village or the Bond Registrar may require payment of a sum sufficient to cover
any tax or other governmental charge that may be imposed in connection with any transfer or
exchange of Bonds.
Section 6 Book Entry Provisions. The Bonds shall be initially issued in the form of a
separate single fully registered Bond for each Series and maturity bearing the same interest rate.
Upon initial issuance, the ownership of each such Bond shall be registered in the Bond Register
in the name of the Depository or a designee or nominee of the Depository (such depository or
nominee being the "Book Entry Owner "). Except as otherwise expressly provided, all of the
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outstanding Bonds from time to time shall be registered in the Bond Register in the name of the
Book Entry Owner (and accordingly in Book Entry Form as such term is used in this Ordinance).
Any Village officer, as representative of the Village, is hereby authorized, empowered, and
directed to execute and deliver or utilize a previously executed and delivered Letter of
Representations or Blanket Letter of Representations (either being the "Letter of
Representations ") substantially in the form common in the industry, or with such changes therein
as the officer executing the Letter of Representations on behalf of the Village shall approve, his
or her execution thereof to constitute conclusive evidence of approval of such changes, as shall
be necessary to effectuate Book Entry Form. Without limiting the generality of the authority
given with respect to entering into such Letter of Representations, it may contain provisions
relating to (a) payment procedures, (b) transfers of the Bonds or of beneficial interests therein,
(c) redemption notices and procedures unique to the Depository, (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
Bonds registered in the Bond Register in the name of the Book Entry Owner, none of the Village,
any Village officer, or the Bond Registrar shall have any responsibility or obligation to any
broker- dealer, bank, or other financial institution for which the Depository holds Bonds from
time to time as securities depository (each such broker - dealer, bank, or other financial institution
being referred to herein as a "Depository Participant ") or to any person on behalf of whom such
a Depository Participant holds an interest in the Bonds. Without limiting the meaning of the
immediately preceding sentence, the Village, any Village officer, and the Bond Registrar shall
have no responsibility or obligation with respect to (a) the accuracy of the records of the
Depository, the Book Entry Owner, or any Depository Participant with respect to any ownership
interest in the Bonds, (b) the delivery to any Depository Participant or any other person, other
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than a registered owner of a Bond as shown in the Bond Register or as otherwise expressly
provided in the Letter of Representations, of any notice with respect to the Bonds, including any
notice of redemption, or (c) the payment to any Depository Participant or any other person, other
than a registered owner of a Bond as shown in the Bond Register, of any amount with respect to
principal of or interest on the Bonds. No person other than a registered owner of a Bond as
shown in the Bond Register shall receive a Bond certificate with respect to any Bond. In the
event that (a) the Village determines that the Depository is incapable of discharging its
responsibilities described herein and in the Letter of Representations, (b) the agreement among
the Village, the Bond Registrar, and the Depository evidenced by the Letter of Representations_
shall be terminated for any reason, or (c) the Village determines that it is in the best interests of
the Village or of the beneficial owners of the Bonds either that they be able to obtain certificated
Bonds or that another depository is preferable, the Village shall notify the Depository and the
Depository shall notify the Depository Participants of the availability of Bond certificates, and
the Bonds (of a given Series if applicable) shall no longer be restricted to being registered in the
Bond Register in the name of the Book Entry Owner. Alternatively, at such time, the Village
may determine that the Bonds of such Series shall be registered in the name of and deposited
with a successor depository operating a system accommodating Book Entry Form, as may be
acceptable to the Village, or such depository's agent or designee, but if the Village does not
select such alternate book entry system, then the Bonds of such Series shall be registered in
whatever name or names registered owners of Bonds transferring or exchanging Bonds shall
designate, in accordance with the provisions of this Ordinance.
Section 7. Execution, Authentication. The Bonds shall be executed on behalf of the
Village by the manual or duly authorized facsimile signature of its President and attestedd by the
manual or duly authorized facsimile signature of its Village Clerk, as they may determine, and
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shall be impressed or imprinted with the corporate seal or facsimile seal of the Village. In case
any such officer whose signature shall appear on any Bond shall cease to be such officer before
the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all
purposes, the same as if such officer had remained in office until delivery. All Bonds shall have
thereon a certificate of authentication, substantially in the form provided, duly executed by the
Bond Registrar as authenticating agent of the Village and showing the date of authentication. No
Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under
this Ordinance unless and until such certificate of authentication shall have been duly executed
by the Bond Registrar by manual signature, and such certificate of authentication upon any such
Bond shall be conclusive evidence that such Bond has been authenticated and delivered under
this Ordinance.
Section 8. Redemption,
A. Optional Redemption. If so provided in the relevant Bond Order, any Bonds may be
subject to redemption prior to maturity at the option of the Village, in whole or in part on any
date, at such times and at such optional redemption prices as shall be determined by the
Designated Officers in the relevant Bond Order. Such optional redemption prices shall be
expressed as a percentage of the principal amount of Bonds to be redeemed, provided that such
percentage shall not exceed one hundred three percent (103.00 %), plus accrued interest to the
date of redemption. If less than all of the Outstanding Bonds of a Series are to be optionally
redeemed, the Bonds to be called shall be called from such Series, in such principal amounts, and
from such maturities as may be determined by the Village and within any maturity in the manner
hereinafter provided. As provided in the Bond Order, some portion or all of the Bonds may be
made not subject to optional redemption.
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B. Term Bonds; Mandatory Redemption and Covenants; Effect of Purchase or
Optional Redemption of Tern? Bonds. The Bonds may be subject to mandatory redemption (as
Term Bonds) as provided in a Bond Order; provided, however, that in such event the amounts
due pursuant to mandatory redemption shalll be the amounts used to satisfy the test set forth in
(Section 4 of) this Ordinance for the maximum amounts of principal and interest due on the
Bonds in any given Bond Year. Bonds designated as Term Bonds shall be made subject to
mandatory redemption by operation of the Bond Fund at a price of not to exceed par and accrued
interest, without premium, on December 15 of the years and in the amounts as shall be
determined in a Bond Order. The Village covenants that it will redeem Term Bonds pursuant to
the mandatory redemption requirement for such Term Bonds. Proper provision for mandatory
redemption having been made, the Village covenants that the Tenn Bonds so selected for
redemption shall be payable as at maturity, and taxes shall be levied and collected as provided
herein accordingly. If the Village redeems pursuant to optional redemption as may be provided
or purchases Term Bonds of any maturity and cancels the same from Bond Moneys as hereinafter
described, then an amount equal to the principal amount of Term Bonds so redeemed or
purchased shall be deducted from the mandatory redemption requirements provided for Term
Bonds of such maturity, first, in the current year of such requirement, until the requirement for
the current year has been fully met, and then in any order of such Term Bonds as due at maturity
or subject to mandatory redemption in any year, as the Village shall determine. If the Village
redeems pursuant to optional redemption as may be provided or purchases Term Bonds of any
maturity and cancels the same from moneys other than Bond Moneys, then an amount equal to
the principal amount of Term Bonds so redeemed or purchased shall be deducted from the
amount of such Term Bonds as due at maturity or subject to mandatory redemption requirement
in any year, as the Village shall determine.
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C. Redemption Procedures. Any Bonds subject to redemption shall be identified,
notice given, and paid and redeemed pursuant to the procedures as follows.
(1) Redemption Notice. For a mandatory redemption, unless otherwise
notified by the Village, the Bond Registrar will proceed on behalf of the Village as its
agent to provide for the mandatory redemption of such Term Bonds without further order
or direction hereunder or otherwise. For an optional redemption, the Village, shall, at
least 45 days prior to any optional redemption date (unless a shorter time period shall be
satisfactory to the Bond Registrar), notify the Bond Registrar of such redemption date and
of the Series, principal- amounts, and maturities of Bonds to be redeemed and, if
applicable, the effect on any schedule of mandatory redemption of Term Bonds.
(2) Selection of Bonds within a Maturity. For purposes of any redemption of
less than all of the Bonds of a Series of a single maturity, the particular Bonds or portions
of Bonds of that Series to be redeemed shall be selected by lot by the Bond Registrar for
the Bonds of that Series of such maturity by such method of lottery as the Bond Registrar
shall deem fair and appropriate; provided, that such lottery shall provide for the selection
for redemption of Bonds or portions thereof so that any $5,000 Bond or $5,000 portion of
a Bond shall be as likely to be called for redemption as any other such $5,000 Bond or
$5,000 portion. The Bond Registrar shall make such selection (1) upon or prior to the
time of the giving of official notice of redemption, or (2) in the event of a refunding or
defeasance, upon advice from the Village that certain Bonds have been refunded or
defeased and are no longer Outstanding as defined.
(3) Official Notice of Redemption. The Bond Registrar shall promptly notify
the Village in writing of the Bonds or portions of Bonds selected for redemption and, in
the case of any Bond selected for partial redemption, the principal amount thereof to be
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redeemed. Unless waived by the registered owner of Bonds to be redeemed, official
notice of any such redemption shall be given by the Bond Registrar on behalf of the
Village by mailing the redemption notice by first class U.S. mail not less than 30 days and
not more than 60 days prior to the date fixed for redemption to each registered owner of
the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such
other address as is furnished in writing by such registered owner to the Bond Registrar.
All official notices of redemption shall include the name of the Bonds and at least the
information as follows:
(a) the redemption date;
(b) the redemption price;
(c) if less than all of the outstanding Bonds of a Series of a particular
maturity are to be redeemed, the identification (and, in the case of partial
redemption of Bonds of that Series within such maturity, the respective principal
amounts) of the Bonds to be redeemed;
(d) a statement that on the redemption date the redemption price will
become due and payable upon each such Bond or portion thereof called for
redemption and that interest thereon shall cease to accrue from and after said date;
and
(e) the place where such Bonds are to be surrendered for payment of the
redemption price, which place of payment shall be the office designated for that
purpose of the Bond Registrar.
(4) Conditional Redemption. Unless moneys sufficient to pay the redemption
price of the Bonds to be redeemed shall have been received by the Bond Registrar prior to
the giving of such notice of redemption, such notice may, at the option of the Village,
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state that said redemption shall be conditional upon the receipt of such moneys by the
Bond Registrar on or prior to the date fixed for redemption. If such moneys are not
received, such notice shall be of no force and effect, the Village shall not redeem such
Bonds, and the Bond Registrar shall give notice, in the same manner in which the notice
of redemption was given, that such moneys were not so received and that such Bonds will
not be redeemed.
(5) Bonds Shall Become Due. Official notice of redemption having been
given as described, the Bonds or portions of Bonds so to be redeemed shall, subject to the
stated condition in paragraph (4) immediately- preceding, on the redemption date, become
due and payable at the redemption price therein specified, and from and after such date
(unless the Village shall default in the payment of the redemption price) such Bonds or
portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for
redemption in accordance with said notice, such Bonds shall be paid by the Bond
Registrar at the redemption price. The procedure for the payment of interest due as part
of the redemption price shall be as herein provided for payment of interest otherwise due.
(6) Insufficiency in Notice Not Affecting Other Bonds; Failure to Receive
Notice; Waiver. Neither the failure to mail such redemption notice, nor any defect in any
notice so mailed, to any particular registered owner of a Bond, shall affect the sufficiency
of such notice with respect to other registered owners. Notice having been property
given, failure of a registered owner of a Bond to receive such notice shall not be deemed
to invalidate, limit or delay the effect of the notice or redemption action described in the
notice. Such notice may be waived in writing by a registered owner of a Bond entitled to
receive such notice, either before or after the event, and such waiver shall be the
equivalent of such notice. Waivers of notice by registered owners shall be filed with the
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Bond Registrar, but such filing shall not be a condition precedent to the validity of any
action taken in reliance upon such waiver. In lieu of the foregoing official notice, so long
as the Bonds are held in Book Entry Form, notice may be given as provided in the Letter
of Representations, and the giving of such notice shall constitute a waiver by the
Depository and the Book Entry Owner, as registered owner, of the foregoing notice.
After giving proper notification of redemption to the Bond Registrar, as applicable, the
Village shall not be liable for any failure to give or defect in notice.
(7) New Bond in .Amount Not Redeemed. Upon surrender for any partial
redemption of any Bond, there shall be prepared for the registered owner a new Bond or
Bonds of like tenor, of authorized denominations, of the Series and the same maturity,
and bearing the same rate of interest in the amount of the unpaid principal.
(8) Effect of Nonpayment upon Redemption. If any Bond or portion of Bond
called for redemption shall not be so paid upon surrender thereof for redemption, the
principal shall become due and payable on demand, as aforesaid, but, until paid or duly
provided for, shall continue to bear interest from the redemption date at the rate borne by
the Bond or portion of Bond so called for redemption.
(9) Bonds to Be Cancelled; Payment to Identify Bonds, All Bonds which have
been redeemed shall be cancelled and destroyed by the Bond Registrar and shall not be
reissued. Upon the payment of the redemption price of Bonds being redeemed, each
check or other transfer of funds issued for such purpose shall bear the CUSIP number
identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such
check or other transfer.
(10) Additional Notice. The Village agrees to provide such additional notice of
redemption as it may deem advisable at such time as it determines to redeem Bonds,
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taking into account any requirements or guidance of the Securities and Exchange
Commission, the Municipal Securities Rulemaking Board, the Govenunental Accounting
Standards Board, or any other federal or state agency having jurisdiction or authority in
such matters; provided, however, that such additional notice shall be (1) advisory in
nature, (2) solely in the discretion of the Village (unless a separate agreement shall be
made), (3) not be a condition precedent of a valid redemption or a part of the Bond
contract, and (4) any failure or defect in such notice shall not delay or invalidate the
redemption of Bonds for which proper official notice shall have been given. Reference is
also made to the provisions of the Continuing Disclosure Undertaking of the Village with
respect to the Bonds, which may contain other provisions relating to notice of redemption
of Bonds.
(11) Bond Registrar to Advise Village. As part of its duties hereunder, the
Bond Registrar shall prepare and forward to the Village a statement as to notices given
with respect to each redemption together with copies of the notices as mailed.
Section 9. Fora of Bonds. The Bonds shall be in substantially the form hereinafter set
forth; provided, however, that if the text of the Bonds is to be printed in its entirety on the front
side of the Bonds, then the second paragraph on the front side and the legend "See Reverse Side
for Additional Provisions" shall be omitted and the text of paragraphs set forth for the reverse
side shall be inserted immediately after the first paragraph.
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[FORM OF BONDS - FRONT SIDE]
REGISTERED
N0.
UNITED STATES OF AMERICA
STATE OF ILLINOIS
THE COUNTY OF COOK
VILLAGE OF MORTON GROVE
[TAXABLE] GENERAL OBLIGATION BOND,
SERIES 2010[LETTER (DESIGNATION[
See Reverse Side for
Additional Provisions.
Interest Maturity
Rate: Date: December 15, _
Registered Owner: CEDE & Co.
Principal Amount:
Dated
Date: 2010
REGISTERED
S
CUSIP:
DOLLARS
KNOW ALL PERSONS BY THESE PRESENTS that the Village of Morton Grove, Cook
County, Illinois, a municipality, home rule unit, and political subdivision of the State of Illinois
(the ° Village " ), hereby acknowledges itself to owe and for value received promises to pay to the
Registered Owner identified above, or registered assigns as hereinafter provided, on the Maturity
Date identified above (but subject to right of prior redemption), the Principal Amount identified
above and to pay interest (computed on the basis of a 360 -day year of twelve 30 -day months) on
such Principal Amount from the later of the Dated Date of this Bond identified above or from the
most recent interest payment date to which interest has been paid or duly provided for, at the
Interest Rate per annum identified above, such interest to be payable on .Tune 15 and December 15
of each year, commencing 15, 2010, until said Principal Amount is paid or duly
provided for. The principal of this Bond is payable in lawful money of the United States of
America upon presentation hereof at the office maintained for that purpose at The Bank of New
York Mellon Trust Company, National Association, located in the City of Chicago, Illinois, as
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paying agent and bond registrar (the "Bond Registrar °). Payment of interest shall be made to the
Registered Owner hereof as shown on the registration books of the Village maintained by the
Bond Registrar at the close of business on the applicable Record Date. The Record Date shall be
the 1st day of the month in which any regularly scheduled interest payment date occurs on the
15th day of that month and the I5th day prior to any interest payment date occasioned by a
redemption of Bonds on other than a regularly scheduled interest payment date. Interest shall be
paid by check or draft of the Bond Registrar, payable upon presentation in lawful money of the
United States of America, mailed to the address of such Registered Owner as it appears on such
registration books, or at such other address furnished in writing by such Registered Owner to the
Bond Registrar, or as otherwise agreed by the Village and the Bond Registrar for so long as this
Bond is held by a qualified securities clearing corporation as depository, or nominee, in Book
Entry Form as provided for same.
Reference is hereby made to the further provisions of this Bond set forth on the reverse
hereof, and such further provisions shall for all purposes have the same effect as if set forth at
this place.
It is hereby certified and recited that all conditions, acts and things required by the
constitution and laws of the State of Illinois to exist or to be done precedent to and in the
issuance of this Bond, including the authorizing act, have existed and have been properly done,
happened, and been performed in regular and due form and time as required by law; that the
indebtedness of the Village, represented by the Bonds, and including all other indebtedness of the
Village, howsoever evidenced or incurred, does not exceed any constitutional or statutory or
other lawful limitation; and that provision has been made for the collection of a direct annual tax,
in addition to all other taxes, on all of the taxable property in the Village sufficient to pay the
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interest hereon as the same falls due and also to pay and discharge the principal hereof at
maturity.
[THE VILLAGE HAS DESIGNATED THIS BOND AS A "QUALIFIED TAX - EXEMPT
OBLIGATION" PURSUANT TO SECTION 265(B)(3) OF THE INTERNAL REVENUE CODE OF 1986, AS
AMENDED.]
fTHE INTEREST ON THIS BOND IS NOT TAX - EXEMPT UNDER THE INCOME TAX LAWS OF
THE UNITED STATES OF AMERICA AND THE OWNER OF THIS BOND, BY ACCEPTANCE, AGREES
NOT 10 ASSERT OR REPORT THE INTEREST HEREON ON TAX - EXEMPT.]
This Bond shall not be valid or become obligatory for any purpose until the certificate of
authentication hereon shall have been signed by the Bond Registrar.
IN WITNESS WHEREOF the Village of Morton Grove, Cook County, Illinois, by its
President and Board of Trustees, has caused this Bond to be executed by the manual or duly
authorized facsimile signature of its President and attested by the manual or duly authorized
facsimile signature of its Village Clerk and its corporate seal or a facsimile thereof to be
impressed or reproduced hereon, all as appearing hereon and as of the Dated Date identified
above.
ATTEST:
Village Clerk, Village of Morton Grove
Cook County, Illinois
[SEAL]
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President, Village of Morton Grove
Cook County, Illinois
[FORM OF AUTHENTICATION]
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds described in the within - mentioned Ordinance and is one of
the [Taxable] General Obligation Bonds, Series 2010[Letter Designation], having a Dated Date
of _, 2010, of the Village of Morton Grove, Cook County, Illinois.
Date of Authentication: —
THE BANK OF NEW YORK MELLON
TRUST COMPANY, NATIONAL
ASSOCIATION
Chicago. IIlinois
as Bond Registrar
By
[FORM OF BONDS - REVERSE SIDE]
Authorized Officer
This bond is one of a series of bonds (the "Bonds") in the aggregate principal amount of
$_,_,000 issued by the Village for the purpose of paying costs of acquiring, constructing and
installing certain Village public capital equipment and capital infrastructure improvements, and
of paying expenses incidental thereto, all as described and defined in Ordinance Number
of the Village, passed by the President and Board of Trustees on the 11th day of
January, 2010, authorizing the Bonds (the "Ordinance"), pursuant to and in all respects in
compliance with the applicable provisions of the Illinois Municipal Code, as supplemented and
amended, and as further supplemented and, where necessary, superseded, by the powers of the
Village as a home rule unit under the provisions of Section 6 of Article VII of the Illinois
Constitution of 1970, (such code and powers being the "Act "), and with the Ordinance, which
has been duly approved by the President, and published, in all respects as by law required.
This Bond is subject to provisions relating to redemption and notice thereof, and other
terms of redemption; provisions relating to registration, transfer, and exchange; and such other
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terms and provisions relating to security and payment as are set forth in the Ordinance; to which
reference is hereby expressly made, and to all the terms of which the registered owner hereof is
hereby notified and shall be subject.
The Village and the Bond Registrar 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 neither the Village nor the Bond
Registrar shall be affected by airy notice to the contrary.
[FORM OF ASSIGNMENT]
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
Here insert Social Security Number,
Employer Identification Number or
other Identifying Number
(Name and Address of Assignee)
the within Bond and does hereby irrevocably constitute and appoint
as attorney to transfer the said Bond on the books kept for registration thereof with full power of
substitution in the premises.
Dated:
Signature guaranteed:
NOTICE: The signature to this transfer and assignment must correspond with the name of the
Registered Owner as it appears upon the face of the within Bond in every particular,
without alteration or enlargement or any change whatever.
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Section 10. Security for the Bonds. The Bonds are a general obligation of the Village,
for which the full faith and credit of the Village are irrevocably pledged, and are payable from the
levy of the Ad Valorem Property Taxes on all of the taxable property in the Village, without
limitation as to rate or amount.
Section N. Tax Leiv; Abatements. For the purpose of providing funds required to pay
the interest on the Bonds promptly when and as the same falls due, and to pay and discharge the
principal thereof at maturity, there is hereby levied upon all of the taxable property within the
Village, in the years for which any of the Bonds are outstanding, a direct annual tax sufficient for
that purpose; and there is hereby levied upon all of the taxable property within the 1 "illage, in the
years for which any of the Bonds are outstanding, a direct annual trix (the "AD VALOREM
PROPERTY TAXES) as shall be fully set forth in the Bond Order for the Bonds. Ad Valorem
Property Taxes and other moneys on deposit in the Bond Fund from time to time ("Bond
Moneys° as herein defined) shall be applied to pay principal of and interest on the Bonds.
Interest on or principal of the Bonds coming due at any time when there are insufficient Bond
Moneys to pay the same shall be paid promptly when due from current funds on hand in advance
of the deposit of the Ad Valorem Property Taxes; and when the Ad Valorem Property Taxes shall
have been collected, reimbursement shall be made to said funds in the amount so advanced. The
Village covenants and agrees with the purchasers and registered owners of the Bonds that so long
as any of the Bonds remain outstanding the Village will take no action or fail to take any action
which in any way would adversely affect the ability of the Village to levy and collect the Ad
Valorem Property Taxes. The Village and its officers will comply with all present and future
applicable laws in order to assure that the Ad Valorem Property Taxes may lawfully be levied,
extended, and collected as provided herein. In the event that funds from any other lawful source
are made available for the purpose of paying any principal of or interest on the Bonds so as to
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enable the abatement of the taxes levied herein for the payment of same, the Corporate
Authorities shall, by proper proceedings, direct the transfer of such funds to the Bond Fund, and
shall then direct the abatement of the taxes by the amount so deposited. The Village covenants
and agrees that it will not direct the abatement of taxes until money has been deposited into the
Bond Fund in the amount of such abatement. 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, after this Ordinance becomes effective
and upon execution of the first Bond Order, a copy hereof, certified by the Village Clerk, shall be
filed with the County Clerk. A copy of each executed Bond Order shall also be timely filed with
the County Clerk. Under authority of this Ordinance, the County Clerk shall in and for each of
the years as set forth in each and every Bond Order ascertain the rate percent required to produce
the aggregate Ad Valorem Property Taxes levied in each of such years; and the County Clerk
shall extend the same for collection on the tax books in connection with other taxes levied in
such years in and by the Village for general corporate purposes of the Village; and in each of
those years such annual tax shall be levied and collected by and for and on behalf of the Village
in like manner as taxes for general corporate purposes for such years are levied and collected,
without limit as to rate or amount, and in addition to and in excess of all other taxes.
Section 13. Sale of Bonds; Bond Order; Official Statement. A. The Designated Officers
are hereby authorized to proceed, without any further official authorization or direction
whatsoever from the Corporate Authorities, to sell and deliver Bonds as herein provided. The
Designated Officers shall be and are hereby authorized and directed to sell the Bonds to the
Purchaser at not less than the 98% of the par value thereof and may elect to designate all or any
portion of the several Series of the Bonds as either Tax - exempt Bonds or as Qualified Build
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America Bonds pursuant to the Stimulus Act and, in such latter case, have Section 54AA and
Section 54AA(g) of the Code apply to same, provided however, that the following conditions
shall also be met:
(1) The aggregate compensation to the Purchaser, not including other costs or
expenses incurred and approved by the Village and paid directly upon delivery of the
Bonds, shall not exceed 2.00% of the par value of the Bonds.
(2) The Purchaser shall provide advice (in the form of written certificate or
report) that the terms of the Bonds are fair and reasonable in light of current conditions in
the market for tax- exempt obligations such as the Bonds for such Bonds as are to be
Tax - exempt or fair and reasonable in light of current conditions in the market for taxable
municipal obligations such as the Bonds for such Bonds as are to be Qualified Build
America Bonds.
Nothing in this Section shall require the Designated Officers to sell the Bonds if in their
judgment the conditions in the bond markets shall have markedly deteriorated from the time of
adoption hereof, but the Designated Officers shall have the authority to sell the Bonds in any
event so long as the limitations set forth in this Ordinance shall have been met. Incidental to any
sale of the Bonds, the Designated Officers shall find and determine that no person holding any
office of the Village either by election or appointment, is in any manner financially interested,
either directly, in his or her oven name, or indirectly, in the name of any other person, association,
trust or corporation, in the agreement with the Purchaser for the purchase of the Bonds.
B. Upon the sale of the Bonds of any Series, the Designated Officers and any other
officers of the Village as shall be appropriate shall be and are hereby authorized and directed to
approve or execute, or both, such documents of sale of the Bonds of such Series as may be
necessary, including, without limitation, a Bond Order, Preliminary Official Statement, Official
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Statement, Bond Purchase Agreement, closing documents; such certifications, tax returns, and
documentation as may be required by Bond Counsel, including, specifically, a tax agreement or a
tax compliance agreement, to render their opinions as to the Tax - exempt status of the interest on
any Tax - exempt Bonds or the qualification of a portion of the Bonds as Qualified Build America
Bonds pursuant to the Code; such certifications, tax returns, and documentation as may be
advised by Bond Counsel as appropriate, to establish and maintain the Tax - exempt status of the
interest on any 'Tax- exempt Bonds and the qualification of a portion of the Bonds as Qualified
Build America Bonds pursuant to the Code; and such certifications, tax returns, and
documentation as may be advised by Bond Counsel as appropriate, to apply for and obtain any
tax credits that may be available to the Village as a result of any of the Bonds qualifying as
Qualified Build America Bonds pursuant to the Code. The Preliminary Official Statement
relating to the Bonds, subject to review by the Designated Offices and the Corporation Counsel
of the Village, is hereby in all respects authorized and approved; and the proposed use by the
Purchaser of an Official Statement (in substantially the form of the Preliminary Official
Statement but with appropriate variations to reflect the final terms of the Bonds) is also hereby
authorized and approved. The execution of a Bond Purchase Agreement for the sale of the
Bonds to the Purchaser, subject to review by the Designated Officers and the Corporation
Counsel of the Village, is hereby in all respects authorized and approved. The Designated
Officers are hereby authorized to execute each Bond Purchase Agreement, their execution to
constitute full and complete approval of all necessary or appropriate completions and revisions as
shall appear therein. Upon the sale of a Series of the Bonds, the Designated Officers so acting
shall prepare the Bond Order for same, such document to be in substantially the form as set forth
as Exhibit attached hereto, which shall include the pertinent details of sale as provided herein,
and which shall enumerate the levy of taxes to pay the Bonds, and such shall in due course be
-27
entered into the records of the Village and made available to the Corporate Authorities. The
authority to sell the Bonds pursuant to any Bond Order as herein provided shall expire on
June 30, 2010.
Section 14. Continuing Disclosure Undertaking, Any Designated Officers of the
Village is hereby authorized, empowered, and directed to execute and deliver the Continuing
Disclosure Undertaking in substantially the same forin as now before the Village as Exhibit B to
this Ordinance, or with such changes therein as the officer executing the Continuing Disclosure
Undertaking on behalf of the Village shall approve, his or her execution thereof to constitute
— conclusive evidence of his or her approval of such changes. When the Continuing Disclosure
Undertaking is executed and delivered on behalf of the Village as herein provided, the
Continuing Disclosure Undertaking will be binding on the Village and the officers, employees,
and agents of the Village, and the officers, employees, and agents of the Village are hereby
authorized, empowered, and directed to do all such acts and things and to execute all such
documents as may be necessary to carry out and comply with the provisions of the Continuing
Disclosure Undertaking as executed. Notwithstanding any other provision of this Ordinance, the
sole remedies for failure to comply with the Continuing Disclosure Undertaking shall be the
ability of the beneficial owner of any Bond to seek mandamus or specific performance by court
order, to cause the Village to comply with its obligations under the Continuing Disclosure
Undertaking.
Section 15. Creation of Funds and Appropriations. A. There is hereby created the
"Series 2010 Bonds Sinking Fund Account" (the "Bond Fund "), which shall be the fund for the
payment of principal of and interest on all Series of the Bonds. Accrued interest, and, if so
specified in a Bond Order, capitalized interest, received upon delivery of the Bonds shall be
deposited into the Bond Fund and be applied to pay first interest coming due on the
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corresponding Series of Bonds. In addition, at the time of delivery of the Bonds, the Treasurer
may advance as necessary (the "Temporary Advance ") from funds of the Village on hand and
lawfully available for the purpose and not derived from any borrowing, the amount of the interest
on and principal of the Bonds as due to and including December 15, 2010. The Temporary
Advance shall be repaid to the fund from which the advance shall have been made from the 2009
tax levy for the Bonds when received and available for such purpose.
B. The Ad Valorem Property Taxes shall either be deposited into the Bond Fund and
used solely and only for paying the principal of and interest on the Bonds or be used to reimburse
a fund or account from which advances to the Bond Fund may have been made to pay principal
of or interest on the Bonds prior to receipt of Ad Valorem Property Taxes. Interest income or
investment profit earned in the Bond Fund shall be retained in the Bond Fund for payment of the
principal of or interest on the Bonds on the interest payment date next after such interest or profit
is received or, to the extent lawful and as determined by the Corporate Authorities, transferred to
such other fund as may be determined. The Village hereby pledges, as equal and ratable security
for the Bonds, all present and future proceeds of the Ad Valorem Property Taxes for the sole
benefit of the registered owners of the Bonds, subject to the reserved right of the Corporate
Authorities to transfer certain interest income or investment profit earned in the Bond Fund to
other funds of the Village, as described in the preceding sentence.
C. The proceeds of each Series of the Bonds shall be deposited into a separate fund for
such Series, each designated "Series 2010[Letter Designation] Project Fund Account" (each a
"Project Fund "). Each Project Fund shall be separately held and accounted for. The Project
Fund(s) shall be the fund(s) for disbursement of costs of the Project. The Corporate Authorities
reserve the right, as it becomes necessary or advisable from time to time, to revise the list of
expenditures for the Project, to change priorities, to revise cost allocations between expenditures
-29-
and to substitute projects, in order to meet current needs of the Village; subject however, to the
various covenants set forth in this Ordinance and in related certificates given in connection with
delivery of the Bonds and also subject to the obtaining of the opinion of Bond Counsel, or of
some other attorney or firm of attorneys whose opinions are generally acceptable to the
purchasers in the national marketplace of Tax - exempt governmental obligations ( "Other Bond
Counsel') that such changes or substitutions are proper under the Act and do not adversely affect
the Tax - exempt status of the Tax - exempt Bonds.
D. Alternatively to the creation of the Bond Fund, or any Project Fund as described
above, the Treasurer may allocate Bond Moneys or the proceeds of the Bonds for expenses to one
or more related funds of the Village already in existence and in accordance with good accounting
practice; provided, however, that this shall not relieve the Village or the Treasurer of the duty to
account and invest for the Bond Moneys and the proceeds of the Bonds as herein provided, as if
such fimds had in fact been created.
E. The tax credit payment available to the Village for any Bonds issued as Qualified
Build America Bonds shall be applied to such lawful corporate purposes as the Corporate
Authorities shall determine from time to time.
Section 16 General Tax Covenants. The Village hereby covenants that it will not take
any action, omit to take any action or permit the taking or omission of any action within its
control (including, without limitation, making or permitting any use of the proceeds of the
Bonds) if taking, permitting, or omitting to take such action would cause any of the Bonds to be
an arbitrage bond or a private activity bond within the meaning of the Code, would otherwise
cause the interest on the Tax - exempt Bonds to be included in the gross income of the recipients
thereof for federal income tax purposes or would otherwise cause a Series of Bonds to fail to
qualify as Qualified Build America Bonds within the meaning of Section 54AA(g) of the Code.
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The Village acknowledges that, in the event of an examination by the Internal Revenue Service
of the exemption from Federal income taxation for interest paid on the Bonds or the status of any
Bonds as Qualified Build America Bonds, under present rules, the Village may be treated as a
"taxpayer" in such examination and agrees that it will respond in a commercially reasonable
manner to any inquiries from the Internal Revenue Service in connection with such an
examination. In furtherance of the foregoing provisions, but without Limiting their generality, the
Village agrees: (a) through its officers, to make such further specific covenants, representations
as shall be truthful, and assurances as may be necessary or advisable: (b) to comply with all
representations, covenants, and assurances contained in certificates or agreements as may be
prepared by Bond Counsel; (c) to consult with such Bond Counsel and to comply with such
advice as may be given; (d) to file such forms, statements, and supporting documents as may be
required and in a timely manner; and (e) if deemed necessary or advisable by its officers, to
employ and pay fiscal agents, financial advisors, attorneys, and other persons to assist the Village
in such compliance.
Section 17. Certain Specific Tax Covenants.
A. None of the Bonds shall be a "private activity bond" as defined in Section 141(a) of
the Code; and the Village certifies, represents, and covenants as follows:
(1) Not more than 5% of the net proceeds and investment earnings of the Bonds
of any Series is to be used, directly or indirectly, in any activity carried on by any person
other than a state or local governmental unit.
(2) Not more than 5% of the amounts necessary to pay the principal of and
interest on the Bonds of any Series will be derived, directly or indirectly, from payments
with respect to any private business use by any person other than a state or local
governmental unit.
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(3) None of the proceeds of the Bonds was used directly or indirectly, to make
or finance loans to persons other than a state or local governmental unit.
(4) Except as may be permitted by reference to the text above at paragraph A (1)
of this Section, no user of the real or personal property of the Village acquired,
constructed, or improved with the proceeds of the Bonds, other than the Village or
another governmental unit, will use the same on any basis other than the same basis as the
general public; and except as noted, no person, other than the Village or another
govenunental unit, will be a user of such property as a result of (i) ownership or (ii) actual
or beneficial use pursuant to a lease, a management or incentive payment contract other
than as expressly permitted by the Code, or (iii) any other arrangement.
B. The Bonds shall not be "arbitrage bonds" under Section 148 of the Code; and the
Village certifies, represents, and covenants as follows:
(1) The Village has heretofore incurred or within six months after delivery of
the Bonds expects to incur substantial binding obligations to be paid for with money
received from the sale of the Bonds, said binding obligations comprising binding
contracts for the Project in not less than the amount of 5% of the proceeds of the Bonds.
(2) The Village expects that more than 85% of the proceeds of the Bonds will
be expended on or before three years for the purpose of paying the costs of the Project.
(3) The Village expects that all of the principal proceeds of the Bonds and
investment earnings thereon will be used, needed, and expended for the purpose of paying
the costs of the Project including expenses incidental thereto.
(4) Work on the Project is expected to proceed with due diligence to
completion.
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(5) Except for the Bond Fund, the Village has not created or established and
will not create or establish any sinking fund reserve fund or any other similar fund to
provide for the payment of the Bonds. The Bond Fund has been established and will be
funded in a manner primarily to achieve a proper matching of revenues and debt service
and will be depleted at Ieast amorally to an amount not in excess of 1 /12th the particular
annual debt service on the Bonds. Money deposited into the Bond Fund will be spent
within a 13 -month period beginning on the date of deposit, and investment earnings in the
Bond Fund will be spent or withdrawn from the Bond Fund within a one -year period
beginning on the date of receipt.
(6) Amounts of money related to the Bonds required to be invested at a yield
not materially higher than the yield on the Bonds, as determined pursuant to such tax
certifications or agreements as the Village officers may make in connection with the
issuance of the Bonds, shall be so invested; and appropriate Village officers are hereby
authorized to make such investments.
(7) Unless an applicable exception to Section 148(f) of the Code, relating to the
rebate of "excess arbitrage profits" to the United States Treasury (the "Rebate
Requiren7ent ") is available to the Village, the Village will meet the Rebate Requirement.
(8) Relating to applicable exceptions, any Village officer charged with issuing
the Bonds is hereby authorized to make such elections under the Code as such officer
shall deem reasonable and in the best interests of the Village. If such election may result
in a "penalty in lieu of rebate" as provided in the Code, and such penalty is incurred (the
"Penalty "), then the Village shall pay such Penalty.
C. None of the proceeds of the Bonds will be used to pay, directly or indirectly, in
whole or in part, for an expenditure that has been paid by the Village prior to the date hereof
-33-
except architectural or engineering costs incurred prior to commencement of any of the Project or
expenditures for which an intent to reimburse it as properly declared under Treasury Regulations
Section 1.150 -2. This Ordinance is in itself a declaration of official intent under Treasury
Regulations Section 1.150 -2 as to all costs of the Project paid after the date hereof and prior to
issuance of the Bonds.
D. The Village reserves the right to use or invest moneys in connection with the Bonds
in any manner or to make changes in the Project list or to use the Village infrastructure acquired,
constructed, or improved as part of the Project in any manner, notwithstanding the
representations and covenants relating to the Tax- exempt or Qualified Build America Bond
status of the Bonds, provided it shall first have received an opinion from Bond Counsel (or, in
the event Bond Counsel is unable or unwilling to provide such opinion, then from Other Bond
Counsel) to the effect that use or investment of such moneys or the changes in or use of such
infrastructure as contemplated will not result in loss or impairment of the Tax - exempt status for
the Bonds or the status of the Bonds as Qualified Build America Bonds.
E. If affirmed in a Bond Order, the following shall apply in connection with any Tax-
exempt Bonds so issued: (a) the Designated Officers in the Bond Order may designate each of
such Bonds as a "qualified tax- exempt obligation" for the purposes and within the meaning of
Section 265(b)(3) of the Code. In support of such designation, the Designated Officers may state
that (i) none of such Bonds will be at any time a "private activity bond" (as defined in
Section 141 of the Code) other than a "qualified 501(c)(3) bond" (as defined in Section 145 of
the Code); (ii) as of the date of the Bond Order and in calendar year 2010, the Village shall not
have issued any Tax- exempt obligations of any kind other than the Bonds nor shall have any
Tax - exempt obligations of any kind been issued on behalf of the Village; (iii) during calendar
year 2010, the Village will not issue or cause to have issued on behalf of the Village more than
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$30,000,000 of tax - exempt obligations, including the Bonds which are so designated; (iv) not
more than $30,000,000 of obligations of any kind issued by or on behalf of the Village during
calendar year 2010 will be designated for purposes of Section 265(b)(3) of the Code; and (v) the
Village is not subject to control by any entity, and there are no entities subject to control by the
Village. For purposes of the limitations as provided in the above text at clauses (iii) and (iv), the
amount of obligations shall be either the par amount or the reoffering price of such obligations
depending on whether the premium (if any) on such obligations exceeds 2% of par plus an
amount to be used for reasonable compensation of the underwriter (if any) of such obligations.
Section
18.
Reserved.
Section
19.
Municipal Bond Insurance.
In the event the payment of principal of and
interest on a Series of the Bonds is insured pursuant to a municipal bond insurance policy (a
"Municipal Bond Insurance Policy ") issued by a bond insurer (a "Bond Insurer "), and as long
as such Municipal Bond Insurance Policy shall be in full force and effect, the Village and the
Bond Registrar agree to comply with such usual and reasonable provisions regarding presentment
and payment of such Bonds, subrogation of the rights of the Bondholders to the Bond Insurer
when holding such Bonds, amendment hereof, or other terms, as approved by any of the Village
Officers on advice of counsel, his or her approval to constitute full and complete acceptance by
the Village of such terms and provisions under authority of this Section.
Section 20. Rights and Duties of Bond Registrar. If requested by the Bond Registrar,
any officer of the Village is authorized to execute standard form of agreements between the
Village and the Bond Registrar with respect to the obligations and duties of the Bond Registrar
under this Ordinance. In addition to the terms of such agreements and subject to modification
thereby, the Bond Registrar by acceptance of duties under this Ordinance agree (a) to act as bond
registrar, paying agent, authenticating agent, and transfer agent as provided herein; (b) to
-35-
maintain a list of Bondholders as set forth herein and to furnish such list to the Village upon
request, but otherwise to keep such list confidential to the extent permitted by law; (e) to cancel
and/or destroy Bonds which have been paid at maturity or submitted for exchange or transfer;
(d) to furnish the Village at least annually a certificate with respect to Bonds cancelled and /or
destroyed; and (e) to furnish the Village at least annually an audit confirmation of Bonds paid,
Bonds outstanding and payments made with respect to interest on the Bonds. The Village
covenants with respect to the Bond Registrar, and the Bond Registrar further covenants and
agrees as follows:
(A) The Village shall at all times retain a Bond Registrar with respect to the
Bonds; it will maintain at the designated office(s) of such Bond Registrar a place or
places where Bonds may be presented for payment, registration, transfer or exchange; and
it will require that the Bond Registrar properly maintain the Bond Register and perform
the other duties and obligations imposed upon it by this Ordinance in amanner consistent
with the standards, customs and practices of the municipal securities industry.
(B) The Bond Registrar shall signify its acceptance of the duties and obligations
imposed upon it by this Ordinance by executing the certificate of authentication on any
Bond, and by such execution the Bond Registrar shall be deemed to have certified to the
Village that it has all requisite power to accept and has accepted such duties and
obligations not only with respect to the Bond so authenticated but with respect to all the
Bonds. Any Bond Registrar shall be the agent of the Village and shall not be liable in
comiection with the performance of its duties except for its own negligence or willful
wrongdoing. Any Bond Registrar shall, however, be responsible for any representation in
its certificate of authentication on Bonds.
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(C) The Village may remove the Bond Registrar at any time. In case at any time
the Bond Registrar shall resign, shall be removed, shall become incapable of acting, or
shall be adjudicated a bankrupt or insolvent, or if a receiver, liquidator, or conservator of
the Bond Registrar or of the property thereof shall be appointed, or if any public officer
shall take charge or control of the Bond Registrar or of the property or affairs thereof, the
Village covenants and aga'ees that it will thereupon appoint a successor Bond Registrar.
The Village shall give notice of any such appointment made by it to each registered
owner of any Bond within twenty days after such appointment in any reasonable manner
as the Village shall select. Any Bond Registrar appointed under the provisions of this
Section shall be a bank, trust company, or national banking association maintaining a
corporate trust office in Illinois or New York, and having capital and surplus and
undivided profits in excess of $100,000,000. The Village Clerk of the Village is hereby
directed to file a certified copy of this Ordinance with the Bond Registrar.
Section 21. Defeasance. Any Bond or Bonds which (a) are paid and cancelled,
(b) which have matured and for which sufficient sums have been deposited with the Bond
Registrar to pay all principal and interest due thereon, or (c) for which sufficient funds and
Defeasance Obligations have been deposited with the Bond Registrar or similar institution to
pay, taking into account investment earnings on such obligations, all principal of and interest on
such Bond or Bonds 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 Ad Valorem Property Taxes
and shall no longer have the benefits of any covenant for the registered owners of outstanding
Bonds as set forth herein as such relates to lien and security of the outstanding Bonds. All
covenants relative to the Tax- exempt status of the Tax - exempt Bonds; and payment, registration,
transfer, and exchange; are expressly continued for all Bonds whether outstanding Bonds or not.
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For purposes of this Section, "Defeasance Obligations" means (a) direct and general full faith
and credit obligations of the United States Treasury ("Directs"), (b) certificates of participation
or trust receipts in trusts comprised wholly of Directs or (c) other obligations unconditionally
guaranteed as to timely payment by the United States Treasury
Section 22. Publication of Ordinance. A full, true, and complete copy of this Ordinance
shall be published within ten days after passage in pamphlet form by authority of the Corporate
Authorities.
Section 23. Sererability. If any section, paragraph, clause, or provision of this
Ordinance shall be held invalid, the invalidity of such section, paragraph, clause, or provision
shall not affect any of the other provisions of this Ordinance.
_;g_
Section 24. Superseder and Effective Date. All ordinances, resolutions, and orders, or
parts thereof, in conflict with this Ordinance, are to the extent of such conflict hereby superseded;
and this Ordinance shall be in full force and effect immediately upon its passage, approval and
publication.
ADOPTED: this l I th day of January, 2010
AYES:
NAYS:
ABSENT:
APPROVED: January 11, 2010
President, Village of Morton Grove
Cook County, Illinois
Published in pamphlet form by authority of the President and Board of Trustees on
January 11, 3010.
ATTEST:
Village Clerk, Village of Morton Grove
Cook County, Illinois
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EXHIBIT B
FORM OF CONTINUING DISCLOSURE UNDERTAKING
CONTINUING DISCLOSURE UNDERTAKING
FOR THE PURPOSE OF PROVIDING
CONTINUING DISCLOSURE INFORMATION
UNDER SECTION (b)(5) OF RULE 1.5c2 -12
This Continuing Disclosure Undertaking (the "Agreement ") is executed and delivered by
the Village of Morton Grove, Cook County, Illinois (the "Issuer "), in connection with the
issuance of $_._.000 General Obligation Bonds, Series 20_ (the "Bonds"). The Bonds are
being issued pursuant to an Ordinance adopted by the President and Board of Trustees of the
Issuer on the 1 Ith day of January. 2010.
In consideration of the issuance of the Bonds by the Issuer and the purchase of such
Bonds by the beneficial owners thereof, the Issuer covenants and agrees as follows:
1. PURPOSE OF THIS AGREEMENT, This Agreement is executed and delivered by the
Issuer as of the date set forth below, for the benefit of the beneficial owners of the Bonds and in
order to assist the Participating Underwriters in complying with the requirements of the Rule (as
defined below). The Issuer represents that it will be the only obligated person with respect to the
Bonds at the time the Bonds are delivered to the Participating Underwriters and that no other
person is expected to become so committed at any time after issuance of the Bonds.
2. DEFINITIONS. The terms set forth below shall have the following meanings in this
Agreement, unless the context clearly otherwise requires.
Annual Financial Information means the financial information and operating data
described in Exhibit L
Annual Financial Information Disclosure means the dissemination of disclosure
concerning Annual Financial Information and the dissemination of the Audited Financial
Statements as set forth in Section 4.
Audited Financial Statements means the audited financial statements of the Issuer
prepared pursuant to the standards and as described in Exhibit L
Commission means the Securities and Exchange Commission.
Dissemination Agent means any agent designated as such in writing by the Issuer and
which has filed with the Issuer a written acceptance of such designation, and such agent's
successors and assigns.
EMMA means the MSRB through its Electronic Municipal Market Access system for
municipal securities disclosure or through any other electronic format or system prescribed by the
MSRB for purposes of the Rule.
11JC2 -12 UNDERTAKING]
[STANDARD FORM]
Exchange Act means the Securities Exchange Act of 1934, as amended.
Material Event
means the
occurrence of any of the Events
with respect to the Bonds set
forth in Exhibit 11 that is
material,
as materiality is interpreted under
the Exchange Act.
Material Events Disclosure means dissemination of a notice of a Material Event as set
forth in Section 5.
MSRB means the Municipal Securities Rulemaking Board.
Participating Underwriter means each broker, dealer or municipal securities dealer acting
as an underwriter in the primary offering of the Bonds.
Rule means Rule 15c2 -12 adopted by the Commission under the Exchange Act, as the
same may be amended from time to time.
SID means the public or private repository designated by the State as the state information
depository and recognized as such by the Commission for purposes of the Rule. As of the date of
this Agreement there is no SID.
Undertaking means the obligations of the Issuer pursuant to Sections 4 and 5.
3. CUSIP NUMBER/FINAL OFFICIAL STATEMENT. The CIISIP Numbers of the Bonds
are as set forth in Exhibit IT The Final Official Statement relating to the Bonds is dated
2010 (the "Final Official Statement ").
4. ANNUAL FINANCIAL INFORMATION DISCLOSURE. Subject to Section 8 of this
Agreement, the District hereby covenants that it will disseminate its Annual Financial
Information and its Audited Financial Statements (in the form and by the dates set forth in
Exhibit 1) to EMMA in such manner and format and accompanied by identifying information as
is prescribed by the MSRB or the Commission at the time of delivery of such information and by
such time so that such entities receive the information by the dates specified.
If any part of the Annual Financial Information can no longer be generated because the
operations to which it is related have been materially changed or discontinued, the Issuer will
disseminate a statement to such effect as part of its Annual Financial Information for the year in
which such event first occurs.
If any amendment or waiver is made to this Agreement, the Annual Financial Information
for the year in which such amendment or waiver is made (or in any notice or supplement
provided to EMMA ) shall contain a narrative description of the reasons for such amendment or
waiver and its impact on the type of information being provided.
5. MATERIAL EVENTS DISCLOSURE. Subject to Section 8 of this Agreement, the
District hereby covenants that it will disseminate in a timely manner Material Events Disclosure
to EMMA in such manner and format and accompanied by identifying information as is
2-
[1502 -12 UNDERTAKING]
[STANDARD FORM]
prescribed by the MSRB or the Commission or the State at the time of delivery of such
information. Notwithstanding the foregoing, notice of optional or unscheduled redemption of
any Bonds or defeasance of any Bonds need not be given under this Agreement any earlier than
the notice (if any) of such redemption or defeasance is given to the Bondholders pursuant to the
Ordinance.
6. CONSEQUENCES OF FAILURE OF THE ISSUER TO PROVIDE INFORMATION. The
Issuer shall give notice in a timely manner to EMMA of any failure to provide Annual Financial
Information Disclosure when the same is due hereunder.
In the event of a failure of the District to comply with any provision of this Agreement,
the beneficial owner of any Certificate may seek mandamus or specific performance by court
order, to cause the District to comply with its obligations under this Agreement. A default under
this Agreement shall not be deemed a default under the Resolution, and the sole remedy under
this Agreement in the event of any 'failure of the District to comply with this Agreement shall be
an action to compel performance.
7. AMENDMENTS; WAIVER. Notwithstanding any other provision of this Agreement,
the Issuer by ordinance authorizing such amendment or waiver, may amend this Agreement, and
any provision of this Agreement may be waived. if:
(a) (i) The amendment or waiver is made in connection with a change in
circumstances that arises from a change in legal requirements, including without
limitation, pursuant to a "no- action" letter issued by the Commission, a change in law. or
a change in the identity, nature, or status of the Issuer, or type of business conducted; or
(ii) This Agreement, as amended, or the provision, as waived, would have
complied with the requirements of the Rule at the time of the primary offering,
after taking into account any amendments or interpretations of the Rule, as well as
any change in circumstances; and
(b) The amendment or waiver does not materially impair the interests of the
beneficial owners of the Certificates, as determined either by parties unaffiliated with the
Issuer (such as Bond Counsel).
In the event that the Commission or the MSRB or other regulatory authority shall approve
or require Annual Financial Information Disclosure or Material Events Disclosure to be made to
a central post office, governmental agency or similar entity other than EMMA or in lieu of
EMMA, the Issuer shall, if required, make such dissemination to such central post office,
governmental agency or similar entity without the necessity of amending this Agreement.
-3-
[15C2 -12 UNDERTAKING]
[STANDARD FORM]
8. TERMINATION OF UNDERTAKING. The Undertaking of the Issuer shall be
terminated hereunder if the Issuer shall no longer have any legal liability for any obligation on or
relating to repayment of the Bonds under the Ordinance. The Issuer shall give notice in a timely
manner if this Section is applicable to EMMA.
9, ADDITIONAL INFORMATION. Nothing in this Agreement shall be deemed to prevent
the Issuer from disseminating any other information, using the means of dissemination set forth
in this Agreement or any other means of communication, or including any other information in
any Annual Financial Information Disclosure or notice of occurrence of a Material Event, in
addition to that which is required by this Agreement. If the Issuer chooses to include any
information from any document or notice of occurrence of a Material Event in addition to that
which is specifically required by this Agreement, the Issuer shall have no obligation under this
Agreement to update such information or include it in any future disclosure or notice of
occurrence of a Material Event. If the Issuer is changed, the Issuer shall disserninate such
information to EMMA.. _
10. BENEFICIARIES. This Agreement has been executed in order to assist the
Participating Underwriters in complying with the Rule; however, this Agreement shall inure
solely to the benefit of the Issuer, the Dissemination Agent, if any, and the beneficial owners of
the Bonds, and shall create no rights in any other person or entity.
ll. RECORDKEEPING. The Issuer shall maintain records of all Annual Financial
Information Disclosure and Material Events Disclosure, including the content of such disclosure,
the names of the entities with whom such disclosure was filed and the date of filing such
disclosure.
12. ASSIGNMENT. The Issuer shall not transfer its obligations under the Ordinance
unless the transferee agrees to assume all obligations of the Issuer under this Agreement or to
execute an Undertaking under the Rule.
13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of
Illinois.
Date: January I I, 2010
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VILLAGE OF MORTON GROVE, COOK
COUNTY. ILLINOIS
Bv:
Its: Finance Director /Treasurer
Address: 6101 Capulina
Morton Grove, Illinois
EXHIBIT I
ANNUAL FINANCIAL INFORMATION AND TIMING [AND AUDITED
FINANCIAL STATEMENTS]
"Annual Financial Information" means financial information and operating data of the
type contained in the Official Statement under the following captions:
All of the tables under the headings "Retailers' Activity," "Property Assessment and Tax
Information, "Debt Information," and "Financial Information."
All or a portion of the Annual Financial Information and the Audited Financial
Statements as set forth below may be included by reference to other documents which have been
submitted to EMMA or filed with the Commission. If the information included by reference is
contained in a Final Official Statement, the Final Official Statement must be available from
EMMA; the Final Official Statement need not be available from the Commission. The Issuer
shall clearly identify each such item of information included by reference.
Annual Financial Information (exclusive
of Audited Financial Statements)
will be
provided to
EMMA by 240 days after the last day
of the Issuer's fiscal year. Audited
Financial
Statements
as described below should be filed
at the same time as the Annual
Financial
Information.
If Audited Financial Statements are not available when the Annual
Financial
Infonnation
is filed, unaudited financial statements
shall be included.
Audited Financial Statements will be prepared pursuant to generally applicable
accounting rules for municipal corporations. Audited Financial Statements, together with the
opinion of an independent certified public accountant engaged by the Village and all notes
thereto, will be provided to EMMA within 60 days after availability to Issuer.
If any change is made
to the Ammal Financial Information as permitted
by Section 4 of
the Agreement, the Issuer will
disseminate a notice of such change as
required by
Section 4.
EXHIBIT I
EXHIBIT II
EVENTS WITH RESPECT TO THE BONDS
FOR WHICH MATERIAL EVENTS DISCLOSURE IS REQUIRED
I. Principal and interest payment delinquencies
2. Non- payment related defaults
3. Unscheduled draws on debt service reserves reflecting financial difficulties
4. Unscheduled draws on credit enhancements reflecting financial difficulties
5. Substitution of credit or liquidity providers, or their failure to perform
6. Adverse tax opinions or events affecting the tax- exempt status of the security
7. Modifications to the rights of security holders
8. Bond calls
9. Defeasances
10. Release, substitution or sale of property securing repayment of the securities
11. Rating changes
EXHIBIT II
EXHIBIT III
CUSIP NUMBERS
MATURITY
(DECEMBER 15) CUSIPS
20 619262
EXHIBIT 11
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 the Village Hail, 6101 Capulina
Avenue, in said Village, at 7:00 p.m., on Monday, the 11th day of
January, 2010.
The President called the meeting to order and directed the Village Clerk to call the roll.
Upon the roll being called, the President, Daniel J. Staackmann, being physically present
at such place and time, and the following Trustees, being physically present at such place and
time, answered present: Daniel DiMaria, Larry Gomberg, Bill Grear, Sheldon Marcus, John
Thill, and Maria Toth
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: None
No Trustee was denied 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: None
There being a quorum present, various business of the President and Board of Trustees
was conducted.
The President and Board of Trustees then discussed a proposed capital equipment and
capital improvement project for the Village and considered an ordinance providing for the
issuance of one or more series of General Obligation Bonds, Series 2010, of the Village,
authorizing the execution of one or more bond orders in connection therewith and providing for
the levy and collection of a direct annual tax for the payment of the principal of and interest on
said bonds.
Thereupon, Trustee Gomberg presented an ordinance entitled:
AN ORDINANCE providing for the issuance of one or more series of
General Obligation Bonds, Series 2010, of the Village of Morton
Grove, Cook County, Illinois, authorizing the execution of one or
more bond orders in connection therewith and providing for the
levy and collection of a direct annual tax for the payment of the
principal of and interest on said bonds.
(the "Bond Ordinance °).
Trustee
moved and Trustee
seconded the
motion that the second reading of the Bond Ordinance be waived.
After discussion thereof, including a public recital of the nature of the matter being
consider 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 waive the second
reading of the Bond Ordinance.
Upon the roll being called, the following Trustees voted AYE:
and the following Trustees voted NAY:
Whereupon, the President declared the motion to waive the second reading carried and
the Bond Ordinance could now be presented for a vote.
Trustee
moved and Trustee
the motion that the Bond Ordinance as presented be adopted.
seconded
A Board of Trustees discussion of the matter followed. During the discussion,
gave a public recital of the nature of the matter, which included a
reading
of the
title of
the ordinance and statements (1)
that the ordinance provided
for the
issuance
of one
or more
series of general obligation bonds
for the purpose of paying the
costs of
various corporate capital purposes, (2) that the bonds are issuable without referendum pursuant to
-2-
the home rule powers of the Village, (3) that the ordinance provides for the sale of the various
series of bonds by certain designated officers of the Village and the execution by them of one or
more bond orders in connection therewith, (4) that the ordinance further provides for the levy of
taxes to pay the bonds, and (5) that the ordinance provides many details for the bonds, including
tax- exempt status covenants, provisions relating to the election to issue certain of the bonds as
"build America bonds" under the American Recovery and Reinvestment Act of 2010, provision
for terns and form of the bonds, and appropriations.
The President directed that the roll be called for a vote upon the motion to adopt the
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 did direct 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
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
CERTIFICATION OF AGENDA, MINUTES AND ORDINANCE
I, the undersigned, do hereby certify that I am the duly qualified and acting Village Clerk
of the Village of Morton Grove, Cook County, Illinois (the "Village "), and as such official I am
the keeper of the official journal of proceedings, books, records; minutes, and files of the Village
and of the President and Board of Trustees (the "Corporate Authorities °) of the Village.
I do further certify that the foregoing extract of minutes is a full, true, and complete
transcript of that portion of the minutes of the meeting (the -Meeting -) of the Corporate
Authorities held on the 11th day of January, 1.010 insofar as the same relates to the adoption of
an ordinance, numbered 10 -01, entitled:
AN ORDINANCE providing for the issuance of one or more series of
General Obligation Bonds, Series 2010, of the Village of Morton
Grove, Cook County, Illinois, authorizing the execution of one or
more bond orders in connection therewith and providing for the
levy and collection of a direct annual tax for the payment of the
principal of and interest on said bonds.
(the "Ordinance") a true, correct, and complete copy of which Ordinance as adopted at the
Meeting appears in the foregoing transcript of the minutes of the Meeting.
I do further certify that the deliberations of the Corporate Authorities on the adoption of
the Ordinance were taken openly; that the vote on the adoption of the Ordinance was taken
openly; that the Meeting was held at a specified time and place convenient to the public; that
notice of the Meeting was duly given to all newspapers, radio or television stations, and other
news media requesting such notice; that an agenda (the "Agenda ") for the Meeting was posted at
the location where the Meeting was held and at the principal office of the Corporate Authorities
(both such locations being at Village Hall) at least 48 hours in advance of the Meeting and also
not later than 5:00 p.m. on Friday, January 8, 2010; that said Agenda contained a separate
specific item relating to the consideration of the Ordinance and that a true, correct, and complete
copy of said Agenda as so posted is attached to this certificate; that the Meeting was called and
held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as
amended; and the Illinois Municipal Code, as amended; and that the Corporate Authorities have
complied with all of the provisions of such Act and Code and with all of the procedural rules of
the Corporate Authorities in the adoption of the Ordinance.
IN WITNESS WHEREOF I hereunto affix my official signature and the sea] of the Village
this l Ith day of January, 2010.
[SEAL]
-2-
Village Clerk
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
CERTIFICATE OF PUBLICATION IN PAMPHLET FORM
I, the undersigned, do hereby certify that I am the duly qualified and acting Village Clerk
of the Village of Morton Grove, Cook County, Illinois (the "Village "), and as such official I am
the keeper of the official journal of proceedings, books, records, minutes, and files of the Village
and of the President and Board of Trustees (the "Corporate Authorities ") of the Village.
I do further certify that on the 1 lth day of January, 2010 there was published in pamphlet
form, by authority of the Corporate Authorities, a true, correct, and complete copy of Ordinance
Number 10 -01 of the Village entitled:
AN ORDINANCE providing for the issuance of one or more series of
General Obligation Bonds, Series 2010, of the Village of Morton
Grove, Cook County, Illinois, authorizing the execution of one or
more bond orders in connection therewith and providing for the
levy and collection of a direct annual tax for the payment of the
principal of and interest on said bonds.
and providing for the issuance of said bonds, and that the ordinance as so published was on that
date readily available for public inspection and distribution, in sufficient number so as to meet
the needs of the general public, at my office as Village Clerk located in the Village.
IN WITNESS WHEREOF I have affixed hereto my official signature and the seal of the
Village this 11th day of January, 2010.
Village Clerk
[SEAL]
STATE OF ILLINOIS )
SS
COUNTY OF COOK )
CERTIFICATE OF FILING
I 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 January, 2010 there
was filed in my office a properly certified copy of Ordinance Number 10 -01, duly adopted by the
President and Board of Trustees of the Village of Morton Grove, Cook County, Illinois, on the
I Ith day of January, 2010 and entitled:
AN ORDINANCE providing for the issuance of one or more series of _
General Obligation Bonds, Series 2010, of the Village of Morton
Grove, Cook County, Illinois, authorizing the execution of one or
more bond orders in connection therewith and providing for the
levy and collection of a direct annual tax for the payment of the
principal of and interest on said bonds.
and approved by the President of said Village, and that the same has been deposited in, and all as
appears from, the official files and records of my office.
IN WITNESS WHEREOF I have hereunto affixed my official signature and the seal of The
County of Cook, Illinois, this _ day of January, 2010.
County Clerk of The County
of Cook, Illinois
[SEAL]
Legislative Summary
RESOLUTION 10 -03
AUTHORIZING THE COLLECTIVE BARGAINING AGREEMENT REACHED BETWEEN
THE VILLAGE OF MORTON GROVE AND THE FRATERNAL ORDER OF POLICE, LODGE 4135
FOR JANUARY 1, 2009 THROUGH DECEMBER 31, 2010
Introduced
.January 11, 2010
Objective
To authorize the Village President to execute a collective bargaining agreement between
the Village of Morton Grove and the Fraternal Order of Police for the period between
January 1, 2009 through December 31, 2010.
i
Purpose:
j The Union and Village negotiating teams have entered into an agreement for a three year
extension of the Collective Bargaining Agreement originally entered into on March 8,
1989. This agreement will establish compensation and benefit adjustments and clarify
labor management issues between the Village and all police officers.
Background:
In 1989, the police officers in the Police Department of the Village of Morton Grove
elected to form the Fraternal Order of Police, Lodge 9135 to act as its exclusive
representative for contract issues. The Union has ratified an agreement negotiated between
its bargaining team and Village staff with the assistance of Special Counsel. This
1 agreement will extend the Collective Bargaining Agreement for two years, i.e., from
l January 1, 2009 to December 31, 2010. The Agreement provides for a 3% salary
1 adjustment for 2009 (consistent with the cost -of- living increase given to non- represented
Village employees). No agreement was reached regarding cost -of- living adjustments after
December 31, 2009, or for modifications to health insurance benefits or rates charged for
this period. The parties have agreed to submit these issues to binding arbitration.
Programs, Departments
Village Administrator, Police Department, Finance Department, Legal Department
or Groups Affected
Fiscal Impact:
The salary and benefit adjustments will be reflected in subsequent budgets.
Source of Funds:
Workload Impact:
The implementation of this resolution will be performed by the Police Department,
Finance Department, and Village Administrator.
Administrator
Approval as presented.
Recommendation:
First Reading:
Not required
Special Considerations
i
i None
or Requirements:
Admin
Village
Prepared by:
Teresa Hoffman Liston, Corporation Counsel
Reviewed by:
Marlc Erickson, Police Chief
RESOLUTION 10 -03
AUTHORIZING THE COLLECTIVE BARGAINING AGREEMENT REACHED BETWEEN
THE VILLAGE OF MORTON GROVE AND THE FRATERNAL ORDER OF POLICE,
LODGE 9135 FOR JANUARY 11 2009 THROUGH DECEMBER 3L, 2010
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, since 1985, the Illinois Public Labor Relations Act, 5 ILCS 31511 et. seq. has
authorized public safety employees in the State of Illinois to form labor unions and/or employee
associations for the purpose of bargaining collectively with their municipal employers; and
WHEREAS, a certification election was held on March 8, 1989, and the Morton Grove Police
Patrol Officers voted to select the Fraternal Order of Police, Lodge #135 as their approved Collective
Bargaining Agent; and
WHEREAS, the Fraternal Order of Police, Lodge 4135 and the Village of Morton Grove
negotiated and approved an initial Collective Bargaining Agreement which was authorized by Ordinance
No. 89 -29 which was passed on August 3, 1989, and subsequent to that time, the Village and the
Fraternal Order of Police have periodically renegotiated the terms and conditions of the Collective
Bargaining Agreement; and
WHEREAS, negotiations for the Latest contract reopening have concluded between the Fraternal
Order of Police, Lodge 4135 Bargaining Team and Village Staff and Special Counsel in a Collective
Bargaining Agreement in the form of a written contract to be effective from. January 1, 2009, to
December 31, 2010. The Agreement provides for a')% salary adjustment for 2009 (consistent with the
cost -of- living increase given to non- represented Village employees). No agreement was reached
regarding cost -of- living adjustments after December 31, 2009, or for modifications to health insurance
benefits or rates charged for this period. The parties have agreed to submit these issues to binding
arbitration; and
WHEREAS, the Fraternal Order of Police, Lodge 4135 ratified the terms and conditions set forth
in the above referenced Collective Bargaining Agreement; and
WHEREAS, by approving this resolution, the Corporate Authorities hereby approve of all the
terms and conditions in the above referenced Collective Bargaining Agreement.
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 and empowered to execute the written
Collective Bargaining Agreement between the Village of Morton Grove and the Fraternal Order of
Police, Lodge Number #135 for the term January 1, 2009 to December 31, 2010.
SECTION 3: The Village Administrator and the Chief of Police and their designees are hereby
authorized to implement and administer the terms and conditions of this written agreement.
SECTION 4: This Resolution shall be in full force and effect from and after its passage,
approval and publication in pamphlet form according to law.
PASSED this I I`h day of January 2010.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
DiMaria
Gomberg
Grear
Marcus
Thill
Toth
APPROVED by me this 11 "h day of January 2010.
Daniel J. Staaekmann, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office this
12 °i day of January 2010.
Tony S. Kalogerakos, Village Cleric
Village of Morton Grove
Cook County, Illinois
Legislative Summary
-- ORDINANCE 09 -37 __J
AN ORDINANCE AMENDING TITLE 5, CHAPTER 135 ARTICLE A -I, ENTITLED "TRAFFIC
SCHEDULES" OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE
Introduced
Objective
Purpose
Background
Programs, Departments
or Groups Affected
Fiscal Impact
Source of Funds
Workload Impact
Administrator Recommendation
First Reading
Special Considerations or
Requirements
December 14, 2009
To amend Title 5, Chapter 13, Article A -1, entitled Traffic Schedules of the
Village Municipal Code
To establish stop sign control on southbound Marion Avenue at its
intersection with Greenwood Avenue
The Traffic Safety Commission received a request for a stop sign on
southbound Marion Avenue at its intersection with Greenwood Avenue to
reduce the occurrence of southbound vehicles unlawfully entering the
intersection when vehicles on Greenwood Avenue are lawfully entering. The
Traffic Safety Commission reviewed this request at their December 3, 2009,
and recommends the Village establish stop control on southbound Marion
Avenue at its intersection with Greenwood Avenue. The recommendation
conforms to the provisions of the Illinois Vehicle Code and Illinois Manual
of Uniform Traffic Control Devices.
Public Works, Engineering Division
The estimated cost for the new sign is approximately $50.
General Fund - Account No.: 025017- 563130.
The Public Works Department as part of their normal work activities, will install the
sign panels.
Approval as presented.
December 14, 2009, required Code Book change
N/A
,, Reviewed by %
Respectfully submitted: _.L % _— —
lose i F. lade, Village Administrator ndy DeMonte, Director Public Works
Prepared by
Chris Tomich, Village Engineer
�fv �
Reviewed b —
Teresa FlQ06i4§i Uston, Corporation Counsel
ORDINANCE 09 -37
AN ORDINANCE AMENDING TITLE 5, CHAPTER 13, ARTICLE A -1,
ENTITLED "TRAFFIC SCHEDULES"
OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE
WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a
Dome rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of
Illinois, can exercise any power and perform any function pertaining to its government affairs, including
but not limited to the power to tax and incur debt; and
WHEREAS, the Village established the Traffic Safety Commission to receive, review, and
present recommendations to the President and Board of Trustees regarding requests or inquiries on
matters involving traffic safety, including requests for installation of traffic control devices; and
WHEREAS, the Traffic Safety Commission received a request for a stop-sign on southbound
Marion Avenue at its intersection with Greenwood Avenue to reduce the occurrence of southbound
vehicles unlawfully entering the intersection when vehicles on Greenwood Avenue are lawfully
entering; and
WHEREAS, the Traffic Safety Commission, at its regularly scheduled meeting on December 3,
2009, at 7:30 p.m. at the Richard T. Flickinger Municipal Center, considered the above referenced
request; and
WHEREAS, notifications of the meetings were sent to residents in the area; and
WHEREAS, the Traffic Safety Commission recommends the Village establish stop control on
southbound Marion Avenue at its intersection with Greenwood Avenue; and
WHEREAS, installing a stop sign on the terminating street of a T- intersection conforms to the
provisions of the Illinois Vehicle Code and Illinois Manual of Uniform Traffic Control Devices; and
WHEREAS, the Corporate Authorities have determined in order to protect the public safety,
health and welfare of the citizens of the Village of Morton Grove it is reasonable, appropriate, and
necessary to update and amend Title 5, Chapterl3, Article A, of the Municipal Code of the Village of
Morton Grove as set forth in this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance as though fully set forth therein thereby making the findings as bereinabove
set forth.
SECTION 2: Title 5, Chapter 13, Article A -1 of the Municipal Code is hereby amended to add
the following:
Street Direction At Its Intersection With
Marion Avenue Southbound Greenwood Avenue
SECTION 3: The Director of Public Works is authorized and directed to take such action
necessary to install and maintain the above mentioned signs as directed by the Corporate Authorities.
SECTION 4: That this Ordinance shall be in full force and effect from and upon its passage
and approval.
PASSED this I It" day of January 2010.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
DiMaria
Gomberg
Grear
Marcus
Thill
Toth
APPROVED BY ME THIS 11`" DAY OF JANUARY 2010
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 12" DAY OF JANUARY 2009
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Legislative Summary
-- Resolution
10 -04
_. ___ ___. -.. `.._.....�....,
...,. .
r.nncTc��
�FAATTD ACT
AUI'HUItILLN" I HE LA".0 uv' vi• n � _ • _____
WITH MUNICIPAL GIS PARTNERS (MGP)
FOR GEOGRAPHICAL INFORMATION SYSTEM SERVICES
Introduced: January 11, 2010
Synopsis: To authorize the Village Administrator to execute a contract with Municipal
GIS Partners, Inc. (MGP) for the maintenance and development of
Geographical Information System (GIS) services in 2010.
i
Purpose: To continue the services of Municipal GIS Partners in developing and
maintaining the Village's GIS system as part of the GIS Consortium.
Background: The GIS Consortium was founded in 1999 by several municipalities as a way
of reducing the costs of implementing GIS technology by participating in
collective bargaining, group training, joint purchasing and development and
innovation sharing. The Village of Morton Grove joined the Consortiumin
2002. MGP was determined to be the lowest responsible provider for the
maintenance and development of GIS systems for the member communities.
This contract between the Village and MGP is a continuation of these
services for 2010.
Programs, Departments All Village Departments utilize the GIS system, as well as Village residents
or Groups Affected and businesses.
Fiscal Impact: The amount of the contract is anot -to- exceed value of $52,583.00
Source of Funds: General Revenue 4022025- 552110
Workload Impact: The management and implementation of the program is performed by the
Public Works Department, Engineering Division as part of their normal work
activities.
Administrator Approval as presented.
Recommendation:
First Reading: January 11, 2010
Special Considerations or None
Requirements:
I � l
Respectfully submitted: �:�• /fGC Reviewed by:
lose6 R ade, Village Administrator Teresa Hoffinan Liston, poration Counsel
Reviewed by: fll —
Prepared by: —
Chris Tomich, Village Engineer Andy DeMonte, Dir. of Public Works
RESOLUTION 10 -04
AUI,HORIZING THE EXECUTION OF A SERVICE CONTRACT
WITH MUNICIPAL GIS PARTNERS (MGP)
FOR GEOGRAPHICAL INFORMATION SYSTEM SERVICES
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule
unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can
exercise any power and perform any function pertaining to its government affairs, including but not limited
to the power to tax and incur debt; and
WHEREAS, the Village of Morton Grove desires to utilize a geographic information system (GIS) to
assist in the service, maintenance, and long range platiring of its operations; and
WHEREAS, in 1999 several municipalities established an intergovernmental agreement setting forth
the responsibilities of the parties hereto with regard to the operation of a consortium, known as the
Geographic hrformation System Consortium (GISCon), to develop, maintain and share GIS data and
applications; and
WHEREAS, in 2002 a GIS Committee was formed to evaluate the future direction of the Village's
GIS and recommended joining the GISCon to cost efficiently and effectively develop and maintain the
Village's GIS; and
WHEREAS, on November 11, 2002, the Village of Morton Grove entered into an agreement to join
GISCon; and
WHEREAS, the success of GISCon has resulted in growth from four municipalities in 1999 to
sixteen in 2009, which reduces the Village's overall cost of participation; and
WHEREAS, GISCon desires to limit expenses in developing GIS for their communities by
participating in collective bargaining, group training, joint purchasing and development and innovation
sharing; and
WHEREAS, the GISCon researched the geographic information system service providers and find
Municipal GIS Partners, Inc. (MGP) to be the lowest responsible service provider; and
WHEREAS, MGP has a history of successfully providing GIS services to the Village at a reasonable
cost; and
WHEREAS, MGP represents to be in compliance with Illinois Statues relating to professional
registration of individuals and continues to have the necessary expertise and experience to furnish such
services upon the terms and conditions set forth in the contract in Exhibit "A"; and
WHEREAS, fin-ids for this contract are included in the proposed 2010 budget, in account number
022025-552110-, and
WHEREAS, the amount of the contract is a not -to- exceed value of
$52,583.00
NOW, THEREFORE, BE IT RESOLVED
BY THE PRESIDENT
AND BOARD OF
TRUSTEES
OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into
this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth.
SECTION 2: The Village President of the Village of Morton Grove is hereby authorized to execute
and the Village Clerk of the Village of Morton Grove is authorized to attest a contract with Municipal GIS
Partners, Inc. providing the Village of Morton Grove with geographical information system services as
provided in their contract attached hereto and as described in Exhibit "A."
SECTION ?: The Village Administrator and Village Public Works Director are hereby authorized to
implement the contract and provide for GIS services.
SECTION 4: This Resolution shall be in full force and effect from and upon its passage and
approval.
PASSED THIS l I" DAY OF JANUARY 2010
Trustee DiMaria
Trustee Gomberg
Trustee Grear
Trustee Marcus
Trustee Thill
Trustee Toth
APPROVED BY ME THIS I1`" DAY OF JANUARY 2010
Daniel J. Staackmamz, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 12a` DAY OF JANUARY 2010
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Exhibit "A"
1 of 9
GIS Consortium Service Provider Contract
This CONTRACT made and entered into this 1st day of January, 2010, by and
between the Village of Morton Grove, an Illinois municipal corporation (hereinafter referred
to as "Village "), and Municipal GIS Partners, inc. (MGP), 701 Lee Street, Suite 1020, Des
Plaines, Illinois 60016 (hereinafter referred to as "Consultant"); and
WHEREAS, the Village desires to engage the Consultant to provide support services
in connection with the Village's geographical information system ("GIS "); and
WHEREAS, the Consultant represents to be in compliance with Illinois Statutes
relating to professional registration of individuals and has the necessary expertise and
experience to furnish such services upon the terms and conditions set forth herein below;
NOW, THEREFORE, it is hereby agreed by and between the Village and the
Consultant that:
I. SCOPE OF SERVICES
The Scope of Services shall be as set forth in the "Proposal for Geographic
Information System Services" dated January 1, 2010, (Attachment 1). Should
there be a conflict in terms between this Contract and the Proposal, this Contract
shall control,
II. PERFORMANCE OF WORK
All work hereunder shall be performed under the direction of the Village
Administrator of the Village or his designee (hereinafter referred to as the "Village
Administrator ").
III. INDEPENDENT CONTRACTOR
The Consultant shall at all times be deemed to be an independent contractor,
engaged by the Village to perform the services set forth in Attachment 1. Neither
the Consultant nor any of its employees shall be considered to be employees of the
Village for any reason, including but not limited to for purposes of workmen's
compensation law, Social Security, or any other applicable statute or regulation.
IV. PAYMENT TO THE CONSULTANT
For work associated with the project, the Consultant shall be reimbursed in an
amount NOT TO EXCEED $52.583.
A. The Consultant shall submit invoices in a format approved by the Village.
B. The Consultant shall maintain
incurred. The Consultant shal
Village to inspect and audit all
done under this Contract. The
at reasonable times during the
termination of this Contract.
records showing actual time devoted and cost
permit the authorized representative of the
data and records of the Consultant for work
Consultant shall make these records available
Contract period, and for a year after
C'A Thomey\ W0rkA MGP lncAChantsV Grove, Village oC.Contrani\2010 Jannary\MGP5erV3CCP3oviderAgiee .meat 2010_20993028. doe,
Exhibit "A"
2of9
C. The Village shall make monthly payments to the Consultant based upon
actual progress, within 35 days after receipt of invoice.
V. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof, the Village may terminate this
Contract at any time upon fifteen (1.5) days prior written notice to the Consultant.
In the event that this Contract is so terminated, the Consultant shall be paid for
services actually performed and reimbursable expenses actually incurred, if any,
prior to termination, not exceeding the value of work completed determined on the
basis of the percentage completed as agreed upon between the Village and the
Consultant.
I. TERM
This Contract shall become effective as of the date the Consultant is given a written
Notice to Proceed and, unless terminated for cause or pursuant to Article V
foregoing, shall expire on December 31, 2010, or on the date the Village
Administrator determines that all of the Consultant's work under this Contract is
completed. A determination of completion shall not constitute a waiver of any rights
or claims which the Village may have or thereafter acquire with respect to any
breach hereof by the Consultant.
VII. RENEWAL OF CONTRACT
The Village shall decide at least sixty (60) days before the end of the Term, as
defined in Article VI of this Contract, whether the Village desires to engage the
Consultant in another Contract to provide support services in connection with the
Village's geographical information system. The Village shall provide the Consultant
written notice within thirty (30) days of said decision.
VIII. NOTICE OF CLAIM
If the Consultant wishes to make a claim for additional compensation as a result of
action taken by the Village, the Consultant shall give written notice of his claim
within fifteen (15) days after occurrence of such action. No claim for additional
compensation shall be valid unless so made. Any changes in the Consultant's fee
shall be valid only to the extent that such changes are included in writing signed by
the Village and the Consultant. Regardless of the decision of the Village
Administrator relative to a claim submitted by the Consultant, all work required
under this Contract as determined by the Village Administrator shall proceed
without interruption.
IX. BREACH OF CONTRACT
If any party violates or breaches any term of this Contract, such violation or breach
shall be deemed to constitute a default, and the other party has the right to seek
such administrative, contractual or legal remedies as may be suitable to the
violation or breach; and, in addition, if any party, by reason of. any default, fails
within thirty (30) days after notice thereof by the other party to comply with the
conditions of the Contract, the other party may terminate this Contract.
Exhibit "A"
3of9
X. INDEMNIFICATION
The Consultant shall indemnify and save harmless the Village and its officers and
employees from and against any and all loss, liability and damages of whatever
nature, including Workmen's Compensation claims by Consultant's employees, in
any way resulting from or arising out of negligent actions or omissions of the
Consultant in connection herewith, including negligent actions or omissions of
employees or agents of the Consultant arising out of the performance of this
Contract.
XI. NO PERSONAL LIABILITY
No official, director, officer, agent, or employee of any party shall be charged
personally or held contractually liable by or to the other party under any term or
provision of this Contract or because of its or their execution, approval, or attempted
execution of this Contract.
XII. NON- DISCRIMINATION
In all hiring or employment made possible or resulting from this Contract, there
shall be no discrimination against any employee or applicant for employment
because of -sex, age, race, color, creed, national origin, marital status, of the presence
of any sensory, mental, or physical handicap, unless based upon a bona fide
occupational qualification, and this requirement shall apply to, but not be limited to,
the following: employment, advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship. No
person shall be denied, or subjected to discrimination in receipt of the benefit of any
services or activities made possible by or resulting from this Contract on the grounds
of sex, race, color, creed, national origin, marital status, the presence of any sensory,
mental or physical handicap or age except minimum age and retirement provisions.
Any violation of this provision shall be considered a violation of a material provision
of this Contract and shall be grounds for cancellation, termination or suspension, in
whole or in part, of the Contract by the Village.
XIII. ASSIGNMENT AND SUCCESSORS
This Contract and each and every portion thereof shall be binding upon the
successors and the assigns of the parties hereto; provided, however, that no
assignment shall be made without the prior written consent of the Village.
XIV. DELEGATING AND SUBCONTRACTING
Any assignment, delegation or subcontracting shall be subject to all the terms,
conditions and other provisions of this Contract and the Consultant shall remain
liable to the Village with respect to each and every item, condition and other
provision hereof to the same extent that the Consultant would have been obligated if
it had done the work itself and no assignment, delegation or subcontract had been
made.
XV. NO CO- PARTNERSHIP OR AGENCY
It is understood and agreed that nothing herein contained is intended or shall be
construed to, in any respect, create or establish the relationship of co- partners
between the Village and the Consultant, or as constituting the Consultant as the
general representative or general agent of the Village for any purpose whatsoever.
Exhibit "A"
4of9
XVI. SEVERABILITY
The parties intend and agree that, if any paragraph, subparagraph, phrase, clause,
or other provision of this Contract, or any portion thereof, shall be held to be void or
otherwise unenforceable, all other portions of this Contract shall remain in full force
and effect.
XVII. HEADINGS
The headings of the several paragraphs of this Contract are inserted only as a
matter of convenience and for reference and in no way are they intended to define,
limit, or describe the scope of intent of any provision of this Contract, nor shall they
be construed to affect in any manner the terms and provisions hereof or the
interpretation or construction thereof.
XVIII. MODIFICATION OR AMENDMENT
This Contract constitutes the entire Contract of the parties on the subject matter
hereof and may not be changed, modified, discharged, or extended except by written
amendment duly executed by the parties. Each party agrees that no representations
or warranties shall be binding upon the other party unless expressed in writing
herein or in a duly executed -amendment hereof, or Change Order as herein
provided.
XIX. APPLICABLE LAW
This Contract shall be deemed to have been made in, and shall be construed in
accordance with the laws of the State of Illinois.
XX. NEWS RELEASES
The Consultant may not issue any news releases without prior approval from the
Village Administrator nor will the Consultant make public proposals developed
under this Contract without prior written approval from the Village Administrator
prior to said documentation becoming matters of public record.
XXI. COOPERATION WITH OTHER CONSULTANTS
The Consultant shall cooperate with any other persons in the Village's employ on
any work associated with the project.
XXIL NOTICES
All notices, reports and documents required under this Contract shall be in writing
and shall be mailed by first class mail, postage prepaid, addressed as follows:
If to Village:
Village of Morton Grove
Chris Tomich
6101 Capulina Avenue
Morton Grove, IL 60053
If to Consultant:
MGP, Inc.
Thomas A. Thomey
701 Lee Street, Suite 1020
Des Plaines, IL 60016
Exhibit "A"
5 of 9
XXIII. INTERFERENCE WITH PUBLIC CONTRACTING: P.A. 85 -1295
The Consultant certifies hereby that it is not barred from entering into this Contract
as a result of violations of either Section 33E -3 or Section 33E -4 of the Illinois
Criminal Code.
XXIV. SEXUAL HARASSMENT POLICY: 775 ILLS 5/2 -lt)Kk (41
The Consultant certifies hereby that it has a written Sexual Harassment Policy in
full compliance with 775 ILCS 5/2- 1.OXA)(4).
XXV. WRITTEN COMMUNICATIONS
All recommendations and other communications by the Consultant to the Village
Administrator and to other participants, which may affect cost or time of completion,
shall be made or confirmed in writing. The Village Administrator may also require
other recommendations and communications by the Consultant be made or
confirmed in writing.
IN WITNESS WHEREOF, the undersigned have placed their hands and seals
hereto on the date first above written.
ATTEST:
Village Clerk Village Administrator
ATTEST: CONSULTANT
By By
Exhibit "A°
6of9
Proposal for Geographic Information Svstem Services
Attachment 1
1) GENERAL PURPOSE
The purpose of this agreement is for the Village to enter an agreement with the
Consultant for all or part of its geographic information system (GIS) management,
development, operation, and maintenance. In addition to supporting the existing
GIS program, the Consultant will identify opportunities for continued development
and enhancement.
The Village will be sharing management, development, and maintenance expertise
and staffing with other municipalities as a member of the Geographic Information
System Consortium (GISC). The benefits to the Village include, but are not limited
to, collective bargaining for rates and services, shared development costs, and joint
purchasing and training.
The Consultant is the sole Service Provider for GISC and is responsible for providing
the necessary GIS professional resources to support this entity. The Consultant will
facilitate and manage resource, cost, and technical innovation sharing among C=ISC
members.
2) CONFIDENTIALITY
This attachment includes proprietary and confidential information. It shall not be
copied, circulated, or otherwise provided to any person or organization that is not
part of the process established for its consideration without the advance written
permission of MGP, Inc.,
3) SERVICE TYPES
For the purpose of cost accounting, the Consultant will provide two (2) service types
to the Village. The intent of this distinction is to track specific types of investment
without overburdening general operation of the GIS program. Many of these services
will go unnoticed to the Village but are required to sustain the GIS program. The
Consultant will employ reasonable professional discretion when specific direction is
not provided by the Village or the GIS Consortium.
A. Services relate to the direct management, development, operation, and
maintenance of the Village GIS required to reasonably support the system.
B. Services relating to the investigation, research, and development of new
functionality and capability for the GIS Consortium and its members.
4) SERVICES
The Consultant will help provide the necessary resources to support the Village GIS
program. The allocation of these resources will be reasonably commensurate with
the level of expertise required to fulfill the specific task thus enabling efficient use of
Village investment. The Consultant includes, but is not limited to, the following
personnel:
CPPhomeyA Work\ MGPInc .\ClientsvC.,LSCAMembersAMorwn Grove, Village oorConvracte \2010 Januznyv MGPServiceProvlderAgreement _E010�20091023.doe
Exhibit "A"
7 of 9
A. A GIS Manager that is responsible for the overall implementation of the GIS
program based on the directions and instructions of the Village. The GIS
Manager will provide senior- consultant services and will provide coordination
and facilitation of GISC developments and initiatives. Budget forecasting and
work reporting will be provided by the GIS Manager as directed by the
Village.
B. A GIS Coordinator is responsible for the operation of the GIS program
including the coordination of resources. The GIS Coordinator will provide
services to the Village in determining the short- and long -term needs of the
GIS program. The GIS Coordinator will be responsible for managing the
program resources including Consultant resources, external agencies, and
Village committees and user groups.
C. A GIS Data Administrator is responsible for managing the data model and
administering the database and related information. The GIS Data
Administrator plans, implements, and configures the data to enhance A
performance and maintain integrity of the data system.
D. A GIS Application Developer that is responsible for the conceptualization,
design, development, testing, installation, documentation, training, and
maintenance of GIS and related software. Software includes, but is not
limited to; computer programs, form designs, user manuals, data
specifications, and associated documentation.
E. A GIS Analyst is responsible for analyzing and planning special projects that
require skills beyond the typical operation of the system. Special projects
may include the development of ad hoc maps, layers, databases, and user
solutions.
P. A GIS Specialist that provides the daily operation, maintenance, and support
of the GIS. This individual is typically fully allocated to the Village and is
responsible for database development and maintenance, map production,
user training and help -desk, user group support, and system support and
documentation
5) PROJECTED UTILIZATION
Projected utilization is an estimate of service hours required of the Consultant by
the Village. This projection is established by and between the Village, GISC, and the
Consultant. Although variations are anticipated, the Village and the Consultant
have a fiduciary responsibility to GISC and its members to meet their projected
utilization. Significant variations in actual utilization may negatively influence
service rates for GISC members. The anticipated projected utilization for each
Consultant service is:
A. 38 hours of GIS Manager
B. 48 hours of GIS Coordinator
C. 38 hours of GIS Data Administrator
D. 38 hours of GIS Application Developer
Exhibit "A"
8of9
E. 48 hours of GIS Analyst
F. 528 hours of GIS Specialist
6) SERVICE RATES
Rates are based on projected utilization of GISC members in collective bargaining
with the Consultant. The Consultant guarantees these rates for the term of this
agreement as long as actual utilization is reasonably consistent with projected
utilization. The GISC collective bargaining rates are as follows:
A. $11.1.40 per hour for GIS Manager
B. $ 82.10 per hour for GIS Coordinator
C. $ 99.70 per hour for GIS Data Administrator
D. $ 99.70 per hour for GIS Application Developer
E. $ 82.10 per hour for GIS Analyst
F. $ 62.35 per hour for GIS Specialist
7) FACILITIES AND EQUIPMENT
The Village is required to provide the Consultant adequate space, furnishings,
hardware, and software to fulfill the objectives of the GIS program. The facilities
requirement is no different than would be otherwise required by the Village to
support a GIS program. The rate structure extended to GISC members is contingent
on these provisions for the Consultant. Facilities and equipment include, but are not
limited to, the following
A. Full -time office space for the GIS Specialist and periodic office space for
guests. This space should effectively and securely house all required GIS
systems, peripherals, and support tools. This space must be available during
normal business hours.
B. Furnishings including adequate desk(s), shelving, and seating
accommodations for the GIS Specialist and periodic guests. A telephone line
and phone to originate and receive outside calls. A network connection with
access to the Internet.
C. Hardware including a workstation, server, plotter, printer, digitizer, scanner
and network infrastructure.
D. Software including GIS software(s), productivity tools, application
development tools, commercial databases, and network access software.
E. The Village is responsible for installing, operating, and maintaining the
backup and recovery systems for all Village owned GIS assets that permits
the Consultant to continue services within a reasonable period of time
following a disaster.
8) BILLING & PAYMENT
The Consultant will invoice the Village on a monthly basis for work completed and
work in- progress. The Consultant requires 100% payment within 35 days of
invoicing.
Exhibit "A"
9of9
9) INTELLECTUAL PROPERTY
If any intellectual property should be developed during the course of this agreement,
the Village and the Consultant shall be joint owners of said intellectual property.
A. It is understood that this agreement does not grant to the Village or any
employees, partners, business associates or other associated parties thereof, any
rights in any intellectual property developed by the Consultant outside the terms
of this agreement, or any protectable interests stemming there from.
B. The Village and the Consultant agree, that no assignments, authorization of
reuse by others, giveaways, license grants, sales, transfer, security interests, or
any other grant of rights for any intellectual property that may be developed
during this agreement, will be made to any third party without a written
agreement between the Village and the Consultant.
C. If this agreement between the Village and the Consultant should be.terminated,
the Village shall, in good faith, allow the Consultant, any reasonable use of any
Intellectual Property developed during this Contract.
Legislative Summary
AN ORDINANCE TO AMEND TITLE 5, CHAPTER 13, ARTICLE F SECTION 2 ENTITLED "NO PARKING
DURING CERTAIN HOURS" AND TITLE 51 CHAPTER 135 ARTICLE F SECTION 3B ENTITLED "TIME
LIMIT PARKING ZONES" OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE
Introduced
Objective
Purpose
Background
Programs, Departs
or Groups Affected
Fiscal Impact
Source of Funds
Workload Impact
Admin Recommend
Second Reading
Special
Considerations or
Requirements
fanuary 11, 2010
ro amend Title 5, Chapter 13, Article F Section 2 entitled "No Parking During Certain Hours"
And Title 5, Chapter 13, Article F Section 3B entitled , Time Limit Parking Zones" of the
Municipal Code
To provide parking restrictions in order to provide reasonable access to on- street parking to the
residents and commercial properties in the vicinity and discourage indiscriminate parking by train
commuters.
The Traffic Safety Commission reviewed a request to establish parking restrictions on
Narragansett Ave. between Hemming Ct. and Dempster Street as well as Henning Ct. between
Narragansett Ave. and Ferris Ave. to discourage on- street parking by train commuters. The
Traffic Safety Commission recommends the Village restrict parking on both sides of Narragansett
Ave. and Henning Ct. to reflect "No Parking from 6:30 am to 8:30 am, except Saturday, Sunday,
and holidays," unless zoned with a special parking permit. The existing development along this
segment of Narragansett Ave. is for commercial use. The north side of this segment of Henning.
Court is also for commercial use with a residential planned unit development under construction
along the south side. Village staff considers the special permit parking zones in a commercial
area recommended by the Traffic Safety Commission to be unprecedented and impractical to
administer and enforce in this segment of Narragansett Ave. and Henning Ct. Village staff is
recommending parking be restricted on both sides of Narragansett Ave. and Henning Ct. from the
hours of 8:30 am to 9:30 am, except on Saturdays, Sundays and Holidays. Currently, the
Municipal Code includes parking restrictions on both Henning Ct. and Narragansett Ave. that will
need to be deleted and replaced with the new parking restrictions if adopted by the Board.
Public Works, Engineering Division
The estimated cost for the new signage is approximately $500.
General Fund - Account No.: 025017-563130.
The Public Works Department will install the new signage as part of their normal work activities.
Approval as presented.
Required — Municipal Code Change
As noted above, the'Fraffic Safety Commission's recommendation is different from staff's
recommendation and the ordinance, as written, reflects staffs recommendation. The Traffic
Safety Commission has been advised they could attend the Village Board meeti�,g to voice and
advocate th mmensdation.
Respectfully submitted: f Reviews
Jose�pfi F.' Administrator
Prepared by: _-/ m 1 Reviewed by:
Chris Tomich, Village Engineer
I
Director Public Works
Liston, Corporation Counsel
ORDINANCE 10 -03
AN ORDINANCE TO AMEND TITLE 5, CHAPTER 13, ARTICLE F,
SECTION 2 ENTITLED "NO PARKING DURING CERTAIN HOURS"
AND TITLE 5, CHAPTER 139 ARTICLE F, SECTION 3B
ENTITLED "TIME LIMIT PARKING ZONES"
OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of
Illinois, can exercise any power and perform any function pertaining to its government affairs,
including but not limited to the power to tax and incur debt; and
WHEREAS, the Village established the Traffic Safety Commission to receive, review, and
present recommendations to the President and Board of Trustees regarding requests or inquiries on
matters involving traffic safety, including requests for installation of traffic control devices; and
WHEREAS, the Traffic Safety Commission received a request to establish parking restrictions
on Narragansett Avenue between Henning Court and Dempster Street, as well as Henning Court
between Narragansett Avenue and Perris Avenue to discourage on- street parking of these public streets
by commuters; and
WHEREAS, the Traffic Safety Commission, at its regularly scheduled meeting on December 3,
2009, at 7:30 pin at the Richard T. Flickinger Municipal Center, considered the above referenced
request; and
WHEREAS, notifications of the meetings were sent to residents in the area; and
WHEREAS, the Traffic Safety Commission recommends the Village restrict parking on both
sides of Narragansett Avenue between Henning Court and Dempster Street and Henning Court
between Narragansett Avenue and Ferris Avenue to "No Parking, 6:30 am to 8:30 am, except
Saturday, Sunday, and holidays," unless zoned with a special permit; and
WHEREAS, the existing development along this segment of Narragansett Avenue is
commercial use; and
WHEREAS, the existing development along the north side of this segment of Henning Court is
eonunercial use; and
WHEREAS, there is a residential planned unit development under construction along the south
side of Henning Court which meets current Village standards related to the provision of parking and
was approved by the Plan Commission; and
WHEREAS, Village staff considers the special permit parking zones in a commercial area as
recommended by the Traffic Safety Commission to be unprecedented and impractical to administer
and enforce; and
WHEREAS, Village staff recommends the Village restrict parking on both sides of
Narragansett Avenue between the centerline of Henning Court and the centerline of Dempster Street,
and Henning Court between the centerline of Narragansett Avenue and the centerline of Ferris Avenue
from the hours of 8:30 am to 9:30 am, except Saturdays, Sundays, and holidays; and
WHEREAS, the Municipal Code Title 5, Chapter 13, Article F, Section 2 entitled "No Parking
During Certain Hours" currently includes parking restrictions on the south side of Henning Court
between Ferris Avenue to a point 110 feet west of the centerline of Narragansett Avenue, from
Monday through Friday, between the hours of 6:30 am and 8:30 am; and
WHEREAS, the Municipal Code Title 5, Chapter 13, Article F, Section 2 entitled "No Parking
During Certain Hours" currently includes parking restrictions on the north side of Henning Court
between Ferris Avenue and Narragansett Avenue, from Monday through Friday, between the hours of
6:30 am and 8:30 am; and
WHEREAS, Municipal Code Title 5, Chapter 13, Article F, Section 3B entitled "Time Limit
Parking Zones" includes parking restrictions on the west side of Narragansett Avenue between the
north right -of -way line of Henning Court extended and the centerline of Dempster Street daily except
Saturdays, Sundays and holidays, between the hours of 8:00 am and 6:00 pm; and
WHEREAS, the Village Board of Trustees believe the best interest of the Village of Morton
Grove will be served by amending Municipal Code Title 5, Chapter 13, Article F, Section 2 entitled
"No Parking During Certain Hours" and Municipal Code Title 5, Chapter 13, Article F Section 3B
entitled "Time Limit Parking Zones" as set forth herein to provide parking restrictions in order to
provide reasonable access to on- street parking to the residents and commercial properties in the
vicinity and discourage the undesirable parking by train commuters.
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 filly set forth therein thereby making the findings as hereinabove
set forth.
SECTION 2: Title 5, Chapter 13, Article F, Section 2 is hereby amended to delete the
following restriction:
5- 13F -2: NO PARKING DURING CERTAIN HOURS:
Street Between
Henning Court Ferris Avenue and
Narragansett Avenue
Reining Court Ferris Avenue to a point
110 feet west of the
centerline of Ferris Avenue
Side of Street Dav and Time
North Daily except Saturday,
Sunday and holidays 6:30
am to 8:30 am
South Daily except Saturday,
Sunday and holidays 6:30
an-, to 8:30 am
SECTION 3: Title 5, Chapter 13, Article F Section 313 is hereby amended to delete the
following restriction:
5- 13F -3: TIME LIMIT PARKING ZONES:
B. Ninety Minute Parking:
Street Between Side of Street Dav and Time
Narragansett The north right of way line of West Monday through
Avenue Henning Court extended and the Friday, 8:00 am to
centerline of Dempster Street 6:00 pm
SECTION 4: Title 5, Chapter 13, Article F Section 2 is hereby amended by adding the
following restrictions:
5- 13F -2: TIME LIMIT PARKING ZONES:
Street Between Side of Street Dav and Time
Henning Court The centerline of Narragansett Both
Avenue to the centerline of Ferris
Avenue.
Narragansett The centerline of Henning Court to Both
Avenue the centerline of Dempster Street.
8:30 am and 9:30
am, except Sat.,
Sun., and holidays
8:30 am and 9:30
arn, except Sat.,
Sun., and holidays
SECTION 5: The Director of Public Works and /or his designee is hereby authorized and
directed to remove any conflicting signs and erect such signs as detailed in this Ordinance.
SECTION 6: This ordinance shall be communicated to residents adjacent to the parking
restrictions via a letter, which shall be received as evidence of the passage and legal publication of this
Ordinance.
SECTION 7: This ordinance shall be in full force and effect upon its approval and publication.
PASSED THIS 1 I`r' day of JANUARY 2010
Trustee DiMaria
Trustee Gomberg
Trustee Grear
Trustee Marcus
Trustee Thill
Trustee Toth
APPROVED BY ME THIS Ila' DAY OF JANUARY 2010
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 1.2`x' day of JANUARY 2010
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Ordinance 09 -33
AN ORDINANCE REZONING A PORTION OF THE PROPERTY
COMMONLY KNOWN AS 6201 DEMPSTER, NAMELY THE EAST PARKING LOT
SOUTH OF THE ALLEY FROM THE R -3 GENERAL RESIDENTIAL DISTRICT TO C -1 GENERAL
COMMERCIAL DISTRICT
Introduced:
Synopsis:
Purpose:
Background:
Programs, Depts
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Adruin Recommend
First Reading:
Special Consider or
Requirements:
December 14, 2009
This ordinance will allow for the rezoning of the east parking lot south of the alley for the
property commonly known as 6201 Dempster Street from R -3 General Residential to C -1 General
Commercial.
Rezoning of these properties are necessary to allow the construction of a drive -thru banking
facility for the adjacent main bank at 6201 Dempster and is consistent with the Dempster Street
Corridor Master Plan and the 1999 Morton Grove Comprehensive Plan and update.
rub Financial Bank is located on that property commonly known as 6201 Dempster Street. Most
of this site is zoned C -1 except for the east parking lot south of the alley which is zoned R -3. Due
to changes in the nature of banking, mb Financial Bank wishes to close their current drive -thru
facility on the north side of Dempster and construct a new smaller drive -thru facility adjacent to
their main bank on the southeast parking lot south of the alley. The portion of the site where the
drive -thru facility will be located is currently zoned R -3. Drive -thru facilities are not allowed in
an R -3 District but drive -thru facilities are allowed in a C -1 General Commercial District as a
special use. This proposed rezoning is consistent with the long range policy goals, as articulated
in the Dempster Street Corridor Master Plan and 1999 Comprehensive Plan Update. This
property meets the qualifications for a zoning amendment as set forth in Section 12 -16 -413.1 of
the Mormon Grove Unified Development Code and the Plan Commission recommended approval
with a condition that if the drive -thru use ceased, the property could revert back to the residential
zoning classification.
Building and Inspectional Services Department and Village Planner
N/A
N/A
The application for the zoning change was processed by the Building Commissioner and Village
Planner pursuant to the normal course of business. The Official Village Zoning Map will be
updated by the Building Commissioner.
Approval as presented.
December 14, 2009, Required
This should be considered with a companion ordinance, a request by the bank for a special use
permit for a drive -thru bank on this site.
spectfully submitted:
Josep
Prepared by
Teresa Hoffinan
defVillage Administrator o
Reviewed by *it
Corporation Counsel Ed 1 lddmg Con unissioner
ORDINANCE 09 -33
AN ORDINANCE REZONING A PORTION OF THE PROPERTY COMMONLY KNOWN
AS 6201 DEMPSTE'R, NAMELY THE EAST PARKING LOT SOUTH OF THE ALLEY
FROM THE R -3 GENERAL RESIDENTIAL DISTRICT TO C -1 GENERAL COMMERCIAL
DISTRICT
WHEREAS, the Village of Morton Grove, located in Cook County, Illinois, is a Home Rule
unit of government and under the provisions of Article 7 of the 1970 Constitution of the State of
Illinois, and as such can exercise any power and perform any function pertaining to its government
affairs, including but not limited to, the power to tax and incur debt; and
WHEREAS, nib Financial Bank, N.A. 6111 N. River Road, Rosemont, Illinois 60068, has
made a proper application to the Plan Commission in the Village of Morton Grove under Case No. PC
09 -03, requesting the properties commonly known as lots 16 and 17 in the subdivision of lots 4, 5, and
6 of Hennings subdivision which is the east parking lot, south of the alley at 6201 Dempster Street,
Morton Grove, Illinois be rezoned from the R -3 "General Residential District" to the C -1 "General
Commercial District'; and
WHEREAS, the property is zoned and classified in the R -3 "General Residential District"
pursuant to the provisions of the Village of Morton Grove Untfzed Development Code; and
WHEREAS, the applicant would like to construct a drive -thin baking facility on the subject
property which requires a C -1 "General Commercial District" zoning classification; and
WHEREAS, new conditions and situations of general significance have occurred within the
area, including a general trend for redevelopment of commercial properties along Dempster Street
which is consistent with the Dempster Street Corridor Master Plan and the Village's Comprehensive
Plan Update, dated 1999; and
WHEREAS, the subject property meets the qualifications for a zoning amendment as
set forth in Section 12- 16 -4E.I 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 public notice duly published in The Marton Grove Champion newspaper, a
newspaper of general circulation in the Village of Morton Grove, which publication took place on
October 29, 2009, and pursuant to the posting of a sign on the subject property and upon written
notification sent to property owners within 250 feet of the subject property, the Morton Grove Plan
Commission held a public hearing relative to the above referenced case on November 16, 2009, at
which time all concerned parties were given the opportunity to be present and express their views for
the consideration of the Plan Commission, and as a result of said hearing, the Plan Commission made
certain recommendations and conditions through a report dated December 14, 2009, a copy of which is
attached hereto and made a part hereof and marked as Exhibit "A"; and
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS
FOLLOWS:
SECTION l: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance, as though fully set forth herein, thereby making the findings as
hereinabove set forth.
SECTION 2: The property commonly known as Lots 16 and 17 in the subdivision of lots 4, 5,
and 6 of Hennings Subdivision which is the east parking lot, south of the alley at 6201 Dempster
Street, Morton Grove, Illinois is hereby rezoned from the R -3 "General Residential District" of the C -1
"General Commercial District ", subject to the following condition:
Upon the lapse of use of the drive -th a facility for a period of one year or more, the zoning of the
property upon which the drive -thru facility is located shall revert to the underlying zoning in place
before the speciall use was enacted. The Village board may either choose to (i) extend this time
frame upon petition of the property owner; or (ii) consider allowing the zoning district to remain,
subject to such required zoning hearings as required by the Village's Unified Development Code.
SECTION 3: h1 the event the rezoned property ceases to be used as a drive -thru facility for a
period of one year or longer, Corporate Authorities believe it is in the best interest of the Village that
the zoning of this property be reconsidered. At such time the Corporate Authorities may choose all
options available to it by law, including extending the current zoning or causing the zoning to revert to
the R -3 General Residential District, all pursuant to the Unified Development Code, or such other
applicable ordinance, rule, or regulation then in place.
SECTION 4: The Village Clerk is hereby authorized and directed to amend all pertinent
records of the Village of Morton Grove to show and designate the rezoning granted hereunder.
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 11`" day of January 2010.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
DiMaria
Gomberg
Grear
Marcus
Thill
Toth
APPROVED by me this 11`" day of January 2010.
Daniel J. Staaekmaim, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office this
12th day of January 2010.
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
December 14, 2009
Village President
Members of the Village Board
6101 Capuhna Avenue
Morton Grove, Illinois 60053
EXHIBIT "A"
To
f � o
Zoning BGaxd of Appeal,s
Dear President Staackmann and Members of the Village Board:
On November 16, 2009 a public hearing was conducted by the Morton Grove Plan Commission, after
being published in The Champion newspaper on October 29, 2009, written notification sent to property
owners within 250 feet of the subject property, and a sign posted—on the property as required by
ordinance, regarding:
Plan Commission Cases PC09 -03 and PC09 -04, wherein the applicant, MB Financial Bank, N.A., 61 I 1
N. River Road, Rosemont, Illinois 60018, requested a rezoning of the east parking lot, south of the alley
cl
(Lots 16 and 17 in the subdivision of Lots 4, 5, and 6 of Hennings Subdivision) at 6201 Dempster Street
and a Special Use Permit to construct a drive - through bank of this lot at 6201 Dempster Street.
Commissioner Shimanski recused himself from these cases as his company does work For MB Financial
Bank.
Ms. Bonnie Jacobson, Planner, introduced the cases 1'or the Village. She explained that twice in the past
the bank had tried to rezone the property and construct a drive - through facility, but the site plans were
rejected due to pedestrian safety concerns. The Current site plan shows a detached structure which
circulates in and out off the alley, minimizing pedestrian conflicts on the streets. Ms. Jacobson also noted
that a ten foot high screening wall was placed on the east side of an existing generator per the Appearance
Commission's comments, but this resulted in a reduced aisle width for the parking lot. The Plan
Commission would need to decide what is more important. Lastly, Ms. Jacobson indicated that in order
for the drive - through to be constructed, the lot would need to be rezoned from a residential to a
commercial zoning district. Ms. Jacobson cited both the Comprehensive Plan and Dempster Street
Corridor Plan, both of which demonstrated that the rezoning was consistent with the long term policy
goals of the Village. She also noted that if the Plan Commission wished, they could include as a
condition of the special use that the zoning reverts back to residential use if the drive through ceases to
exist.
Mr. Bernard Citron of Schain, Burney, Ross and Citron, the applicant's attorney, coordinated the
presentation of this case on behalf of the applicant. Ms. Tracy Ernst of MB Financial Bank reviewed the
process and need for the drive- through facility. The bank wants to consolidate banking operations for a
moe efficient layout and close their drive - through facility across the street.
Brian Kukla of Wight and Associates, the architect, described the layout of the site, Mr. Tom Powers the
lighting engineer described the lighting plan, indicating that the lights have a shut off feature. He also
indicated that the microphones will not be audible fion lane to lane to keep transactions confidential, and
thus not be audible to adjacent property.
6101 Cap lina Avclmc ° Morton tim c. i.l1, it f;, ";00j_ -2"') ;3'Y -
Fol: (847) 90 ; 4 1i)J
Mr. Javier Milan of KLOA, Inc., the applicant's traffic engineer, reviewed the traffic patterns of the plan.
He noted there is a better design that allows customers to use the signalized intersection at Fernald, and
conflicts at the north side are reduced. He was concerned about the screening fence for the generator
being just at the sight distance line. He reviewed the overall parking plan and stacking space, and both
are sufficient.
Mr. Steve Lenet of LCT Design Group spoke of the trend of development and the planning aspect,
indicating the rezoning of the lot is appropriate for the site and the entire area.
Sixteen interested parties registered for this case; however, only seven of them actually appeared at the
hearing and spoke. Mr. Dale Senesky questioned the light levels, the location of the drive - through and
was concerned about excessive noise and light
Mr. Richard Timmell, the neighbor to the south, wanted additional fencing towards the rear of the lot
where the bank is expanding their parking lot, to which the bank agreed.
Mr. Aaron Machsi thought there were too many assumptions made; that the data presented was skewed,
and the hearing should be continued.
Mr. Wayne Youkhana, Mr. John Benstead, Mr, William Davis and Mr. TimKessem all were - concerned
about pedest7iarrsafety for children using the alley. Mr. Youkhana asked why the bank couldn't add the
drive - through to the west end of the building like in Lincolnwood. Mr. Ernst responded that based on the
Lincolnwood experience, they found it did not work due to too many pedestrian conflicts with drive -
through customers and customers using the main bank entrance.
Two concerned parties, ,Mr. Bill Mordieck and Mr. Eric Poders also spoke regarding this case. Mr.
Mordieck concurred with his neighbors regarding pedestrian safety in the alley and Mr. Poders also felt
the case should be continued.
Commissions Blonz. and Gattorna questioned the traffic engineer about stacking and traffic counts, and
also about the number of late night ATM transactions. Commissioner Blonz questioned some of the
interested parties as to why the children would walk through the alley and not on the Dempster Street
sidewalk. They responded that there is too much traffic too close to the sidewalk. Ms. Jacobson added
that the Dempster Street sidewalk will be widened to ten (10) feet next spring and that alleys are not
generally designed for pedestrians.
Mr. Milan and Ms. Ernst addressed the Commissioners concerns.
The Commissioners discussed the case and felt that this plan was an improvement from previous plans
and met the seven standards.
PC09 -03
Based on the above information and testimony provided at the hearing, Commissioner Gattorna moved to
approve the rezoning of the east parking lot south of the alley (Lots 16 and 17 in the subdivision of Lots
4, 5 and 6 of Hennings Subdivision) at 6201 Dempster Street from the R3 "General Residence District" to
the C1 "General Commercial District" with file following condition:
"Upon the lapse of use of the drive- through facility for a period of one year, the zoning
Of the property upon which the drive - through facility is located shall revert to the
underlying zoning in place before the special use was enacted. The Village Board may
either choose to (i)) extend this time frame upon petition of the property owner; or (ii)
consider allowing the zoning district to remain, subject to such required zoning hearings
as required by the Village zoning regulations."
The motion was seconded by Commissioned Blonz and passed: Yes - 5 , No -_0 Absent - I ; Recuse - I
The Voting
Chairman Farkas
Yes
Commissioner
Blonz
_Yes
Commissioner
Dorgan
Yes
Commissioner
Gabriel
Absent
Commissioner
Gattorna
Yes
Commissioner
Roepenack
Yes
Commissioner
Shimanski
Recuse
The Findings of Fact relative to this case are attached to this report.
PC09 -04
Based on the above information and testimony presented, Commissioner Dorgan moved, and
Commissioner Blonz seconded to approve a Special Use Permit for the cast parking lot, south of the alley
(Lots 16 and 17 in the subdivision of Lots 4, 5 and 6 of Hennings Subdivision) at 6201 Dempster Street
for a drive - through banking facility.
There was discussion of the proposed staff conditions, and the Plan Commission concluded that the
public interest would be better served if the screening wall of the generator was removed, and the drive
aisle widened for better traffic flow and sight distance. There was also discussion for the inclusion of an
additional fence at the west parking lot along the north /south alley to better screen Mr. Timmel's property
and for the striping of a pedestrian access on the applicant's property, north of the alley. The following
conditions were included as part of the motion:
That the ten -foot high fence around
the generator be removed to
allow for a twenty -four foot wide
drive aisle,
with a revised
site plan
to be submitted showing the
removal of the ten -foot high fence
around the
generator and
widening
the aisle to twenty -four feet
and be constructed in accordance
with that site plan;
2. That the proposed drive- through be constructed in accordance with the elevations dated 10/23/09,
with the elevations and signage to be reviewed and approved by the Appearance Commission;
3. That an eight (8) car parking variation be granted;
4. That a portable fire extinguisher be placed at the facility, subject to review and approval of the Fire
Department;
5. That the landscape plan be amended to include an accurate representation of the existing
landscaping, relocation of the fence to the southern property line, construction of a solid fence,
seven (7) feet high in that location subject to final review and approval of the Appearance
Commission;
6. That final engineering plans and lighting be submitted and reviewed and approved by the Village
engineer;
7. That an adequate security system be provided to be reviewed and approved by the Police
Department;
8. That upon lapse of the drive -up facility for a period of one year, the zoning of the property upon
which the drive -up facility is located shall revert to the underlying zoning in place before the
special use was enacted. The Village Board may either choose to (i) extend this time frarne upon
petition of the property owner, or (ii) consider allowing the zoning district to remain, subject to
such required zoning hearings as required by the Village zoning regulations;
9. That all other pertinent Village codes and ordinances be met;
10. That there be an addition of a seven -foot high fence on the west side of the north /south alley for
forty -eight (48) feet, starting at the south property line; and
11. That the applicant is to add a striped walkway on their property on the north side of the east/west
alley.
The Motion passed: Yes— 5 No - 0, Absent- 1_. Recuse (.
The Voting
Chairman Farkas
Yes
Commissioner
Slonz
Yes
Commissioner
Dorgan
Yes
Commissioner
Gabriel
Absent
Commissioner
Gattorna
Yes
Commissioner
Roepenack
Yes
Commissioner
Shimanski
Recuse
The Findings
of Fact relative
to this case are attached to the seven standards by which
a Special Use
is evaluated is
attached.
Resp ,fu submitCe
of Td Farkas
Plan Commission Chairman
Q:AZonm&Aplan comet eases \pc09 -03 & 09 ->4 report.doe
Findings of Fact
PC09 -03
Listed below are six standards for rezoning a property in Section 12- 16 -4E4 of the Village of'Morton Grove
Uraifled Development Code upon which the Plan Commission based its decision.
1. Existing uses and zoning classifications of the abutting property and within the vicinity of the
subject property.
The existing use is an allowable commercial parking lot on residentially zoned property and
the addition of the drive- through requires a commercial classification. The property to the
west is similarly used and zoned, the north side is commercially zoned and the east and South
side are residentially zoned.
2. Suitability of the
subject
property
for uses permitted under existing
and proposed zoning
districts.
Village as articulated in the
"Dempster Street Master
Corridor Plan."
The Plan Commission
The existing parking lot is an allowed use in either the R3 Residential or C1 Commercial
zoning classification, but the addition of the drive - through requires a commercial zoning
classification. A drive - through bank is a suitable use adjacent to°a main banking facility and
is in fact now the norm.
3. Trend of development in the vicinity of the subject property.
The property is surrounded by stable, existing land uses, but the trend of development in the
vicinity is of commercial redevelopment along Dempster Street. The rezoning of this
property would support this trend.
4. Compatibility of the proposed use with purposes and objectives of this title.
The proposed use is consistent with the proposes and objectives of this title and meets the
criteria for a rezoning articulated in Section 12- I6 -4E1.
51 Compatibility with the purpose and objectives of the Village's "Comprehensive Plan" and if
appropriate, the "Waukegan and Dempster Street Master Corridor Plans" and the
"Lehigh /Ferris Subarea Plan."
The proposed rezoning and its use as a drive - through is not only compatible with the
"Comprehensive Plan", it was actually recommended as part of the `Dempster Street Master
Corridor Plan ".
6. Adoption of the proposed amendment only if' such adoption is in the public interest and not
solely for the applicant's interest. The Plan Commission may recommend adoption of an
amendment changing the subject property's zoning classification to one different than that
requested.
The proposed
amendment was deemed
to be in the public interest
as it is clearly consistent
with the long
range policy goals of the
Village as articulated in the
"Dempster Street Master
Corridor Plan."
The Plan Commission
did include a condition that
if the drive - through bank
was for some
reason eliminated or ceased to be used as such, the property
could revert back
to the residential
zoning classification.
ComdevAxoning \plancom \pco9 -03 findings of fact
Findin <zs of Fact
PC09 -04
Listed below are seven standards articulated in Section 12 -16 -4C of the Village of Morton Grove Urufied
Development Code upon which the Plan Commission based its decision.
1. Preservation of Health, Safety, Morals and Welfare — The establishment, maintenance and
operation of the Special Use will not be detrimental to or endanger the public health, safety,
morals or general welfare.
The Plan Commission concluded that the proposed drive - Through banking facility would not
be injurious to the health, safety and welfare of the community. They concluded that the
proposed site plan was an improvement over previous site plans.
2. Adjacent Properties — The Special Use should not be injurious to the use and enjoyment of
other property in the immediate vicinity for the uses permitted in the zoning district.
The Plan Commission concluded, based on the testimony provided regarding lighting, decibel
level of the intercom and screening provided for in the special use conditions that the
proposed Special Use shall not be injurious to the use and enjoyment of neighboring
properties.
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 use will not impede the orderly development and utilization of the surrounding
property and even enhance it, as the bank will now be able to commercially redevelop their
lot across the street. A condition was added that if the drive-through was ever eliminated the
lot could revert back to residential zoning which would be consistent with the development to
the south and east.
4. Adequate Facilities — Adequate utilities, access roads, drainage and other necessary facilities
are in existence or are being provided.
Based on the testimony of the applicant's witnesses, inchiding the applicant's architect, civil
engineer, traffic engineer and lighting engineer, adequate facilities are being provided. hi
addition, a condition was added to include a striped area on the applicant's property to
improve pedestrian access to the site.
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 Plan Commission concluded based on the information provided that the site plan, which
was greatly improved over previous site plans would not draw substantial amounts of traffic
on local residential streets, and in fact better channels traffic to the traffic light at Fernald and
Dempster. They concluded that a wider entrance drive, and removal of the generator screen
would further enhance traffic flow and safety.
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.
The Plan Commission concluded that adequate buffering and screening would be provided
especially for the neighbor to the south with conditions for a seven -foot high solid fence
along the south property line and an additional fence along the east property line of the
southwest parking lot of the bank.
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 Flan
Commission and the Village Board of Trustees as a part of the special use permit.
The proposed Special Use will be required to meet all codes and ordinances as well as the
conditions stipulated by the Plan Commission. A variation was granted for eight parking
spaces, based on the parking analysis conducted by the traffic engineer that the existing
parking is sufficient.
ConodcvAZOning \l)lancom \pc09 -04 findings of fact
Legislative Summary
ORDINANCE 09 -34
AN ORDINANCE GRANTING A SPECIAL USE PERMIT IN THE VILLAGE OF MORTON GROVE
FOR THE PROPERTY COMMONLY KNOWN AS 6201 DEMPSTER STREET TO ALLOW FOR
THE CONSTRUCTION OF A DRIVE -THRU BANKING FACILITY
Introduced i December 14, 1.009
i
Objective This ordinance will approve a special use permit to construct a drive -thru banking facility at
that property commonly known as 6201 Dempster Street. A special use permit is required for
the construction of drive -thru banking facilities in the C -1 Commercial District. The bank
wishes to relocate their current drive -thin banking facility which is on the north side of
Dempster to its main site, mainly to the east parking lot south of the alley.
Purpose: Pursuant to a companion case which requires the rezoning of the subject lot, this ordinance will
allow a special use for a drive -thru facility on the southeast parking lot south of the alley.
Background: The applicant, mb Financial Bank requested a special use permit to construct a drive -thru
banking facility on lots 16 and 17 in the subdivision of lots 4, 5, and 6 of Hennings subdivision
which is the east parking lot south of the alley at 6201 Dempster- Street. The bank also filed a
companion case seeking a rezoning of the subject properly from R -3 General Residential
District to C -1 General Commercial District. The proposed drive -thru will replace the bank's
current drive -thru facility across the street. The bank wishes to make their banking operations
more efficient, and will sell the property across the street and construct the new drive -thru
adjacent to their main bank on the southeast section of the property. The bank is also
requesting a parking variance for eight cars which was substantiated by an independent traffic
engineer's report. The Plan Commission held a hearing on this matter on November 16, 2009,
and several neighborhood concerns were addressed, particularly the traffic flow in and out of
this site. The Plan Commission recommended approval of the case. Commissioner Shimanski
recused himself from the case, as his company does work with mb Financial Bank.
Programs, Departs Building and Inspectional Services Department, Village Planner; Village Engineer
or Groups Affected
Fiscal Impact: Not applicable.
Source of Funds: Not applicable.
i
Workload Impact: The special use application was processed by the Building Commissioner, Village Engineer,
and Village Planner pursuant to their normal course of business.
Admin Recommend: Approval as presented.
First Reading: December 14, 2009, required
Special This case should be heard in conjunction with Plan Commission Case PC09 -03, as a rezoning
Considerations or request for the subject property.
Requirements: r
Administrator Approval _ G� Reviewed b� ,.: /
IosF �Stade, Village Administrator Ed Hilde ran t, Buidmg Comnussioner
Prepared by: _ ; Y 5 / ° f
Teresa Hoffman Liston, Corporation Counsel
ORDINANCE 09 -34
AN ORDINANCE GRANTING A SPECIAL USE PERMIT IN THE VILLAGE OF MORTON
GROVE FOR THE PROPERTY COMMONLY KNOWN AS 6201 DEMPSTER STREET TO
ALLOW FOR THE CONSTRUCTION OF A DRIVE -THRU BANKING FACILITY
WHEREAS, the Village of Morton Grove, located in Cook County, Illinois, is a Rome Rule
unit of government and under the provisions of Article 7 of the 1970 Constitution of the State of
Illinois, and as such can exercise any power and perform any function pertaining to its government
affairs, including but not limited to, the power to tax and incur debt; and
WHEREAS, MB Financial Bank, 6111 N. River road, Rosemont, Illinois, 60018, has made a
proper application to the Plan Commission in the Village of Morton Grove under Case No. PC 09 -04,
requesting a special use permit for lots 16 and 17 in the subdivision of lots 4, 5, and 6 of Hem2ings.
Subdivision which is the east parking lot south of the alley at 6201 Dempster Street construct a drive -
thru facility; and
WHEREAS, the property is zoned and classified in the 41 "General Commercial District'
pursuant to 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 public notice duly published in The Morton Grove Champion newspaper, a
newspaper of general circulation in the Village of Morton Grove, which publication took place on
October 29, 2009, and pursuant to the posting of a sign on the subject property and upon written
notification sent to property owners within 250 feet of the subject property, the Morton Grove Plan
Commission held a public hearing relative to the above referenced case on November 16, 2009, at
which time all concerned parties were given the opportunity to be present and express their views for
the consideration of the Plan Commission, and as a result of said hearing, the Plan Commission made
certain recommendations and conditions through a report dated December 14, 2009, a copy of which is
attached hereto and made a part hereof and marked as Exhibit "A "; and
WHEREAS, the Corporate Authorities have considered this matter at a public meeting and find
pursuant to the relevant provisions of the Village of Morton Grove Unified Development Code, the
proposed Special Use is so designed, located, and proposed to be operated in the public health, safety
and welfare of the Village and will be protected and not cause substantial injury to the value of other
properties in the surrounding neighborhood in which it is located; and
WHEREAS, pursuant to the applicable provisions of the Village of Morton Grove Unified
Development Code, the Corporate Authorities have determined the special use shall be subject to the
conditions and restrictions as set forth in this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance, as though fully set forth herein, thereby making the findings as
hereinabove set forth.
SECTION 2: The property located at lots 16 and 17 in the subdivision of lots 4, 5, and 6 of
Heru ings
Subdivision which is
the east parking lot south
of the alley at
6201 Dempster
Street is hereby
granted a
special use permit to
allow for the construction
of a drive -thru
facility subject
to the
following conditions:
1. The ten -foot high fence around the generator be removed to allow for a twenty -four foot wide
drive aisle, with a revised site plan to be submitted showing the removal of the ten foot high
fence around the generator and widening the aisle to twenty -four feet and be constructed in
accordance with that site plan;
2. The proposed drive -thru be constructed in accordance with the elevations dated October 23,
2009, with the elevations and signage to be reviewed and approved by the Appearance
Commission;
3. An eight (8) car parking variation be granted;
4. A portable fire extinguisher be placed at the facility, subject to review and approval of the Fire
Department;
5. The landscape plan be amended to include an accurate representation of the existing
landscaping, relocation of the fence to the southern property line, construction of a solid fence,
seven (7) feet high in that location subject to final review and approval of the Appearance
Commission;
6. Final engineering plans and lighting be submitted and reviewed and approved by the Village
engineer;
7. An adequate security system be provided to be reviewed and approved by the Police
Department;
8. All other pertinent Village codes and ordinances be met;
9. There be an addition of a seven -foot high fence on the west side of the north /south alley for
forty-eight (48) feet, starting at the south property line; and
10. The applicant is to add a striped walkway on their property on the north side of the east/west
alley.
SECTION 3: A variation is granted pursuant to Section 12 -7 -3I of the Unified Development
Code to reduce the required parking by eight spaces.
SECTION 4: This special use permit as amended is granted for so Long as the occupants and
users of this property utilize the area for the purposes designated herein.
SECTION 5: The Village Clerk is hereby authorized and directed to amend all pertinent
records of the Village of Morton Grove to show and designate the special use as amended hereunder.
SECTION 6: The Applicant/Owner shall comply with all applicable requirements of the
Village of Morton Grove Ordinances and Codes.
SECTION 7: 'this Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form according to law provided the conditions of the Special Use
as set forth in SECTION 2 of this Ordinance have been approved in writing by an authorized
representative of the applicant and all owners of record of the properties.
PASSED this 11`1' day of January 2010
Trustee DiMaria
Trustee Gomberg
Trustee Great
Trustee Marcus
Trustee Thill
Trustee Toth
APPROVED by me this 11`h day of January 2010.
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office this
12`" day of January 2010.
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
December 14, 2009
Village President
Members of the Village Board
6101 Capulina Avenue
Morton Grove, Illinois 60053
EXHIBIT 44A5s
Village of cfMortoni. erg-rove
Planning Ccara'g ndssion
Zoning Board of Appeals
Dear President Staackmann and Members of the Village Board:
On November 16, 2009 a public hearing was conducted by the Morton Grove Plan Commission, after
being published in The Champion newspaper on October 29, 2009, written notification sent to property
owners within 250 feet of the subject property, and a sign posted on the property as required by
ordinance, regarding: °
Plan Commission Cases PC09 -03 and PC09 -04, wherein the applicant, MB Financial Bank, N.A., 6111
N. River Road, Rosemont, Illinois 60018, requested a rezoning of the east parking lot, south of the alley
(Lots 16 and 17 in the subdivision of Lots 4, 5, and 6 of FJennings Subdivision) at 6201 Dempster Street
and a Special Use Permit to construct a drive - through bank of this lot at 6201 Dempster Street.
Commissioner Shimanski recused himself from these cases as his company does work for MB Financial
Bank.
Ms. Bonnie Jacobson, Planner, introduced the cases for the Village. She explained that twice in the past
the bank had tried to rezone the property and construct a drive- through facility, but the site plans were
rejected due to pedestrian safety concerns. 'The current site plan shows a detached structure which
circulates in and out off the alley, minimizing pedestrian conflicts on the streets. Ms. Jacobson also noted
that a ten foot high screening wall was placed on the east side of an existing generator per the Appearance
Commission's comments, but this resulted in a reduced aisle width for the parking lot. The Plan
Commission would need to decide what is more important. Lastly, Ms. Jacobson indicated that in order
for the drive - through to be constructed, the lot would need to be rezoned from a residential to a
commercial zoning district. Ms. Jacobson cited both the Comprehensive Plan and Dempster Street
Corridor Plan, both of which demonstrated that the rezoning was consistent with the long term policy
Z) of the Village. She also noted that if the Plan Commission wished, they could include as a
condition of the special use that the zoning reverts back to residential use if the drive - through ceases to
exist.
Mr. Bernard Citron of Schain, Burney, Ross and Citron, the applicant's attorney, coordinated the
presentation of this case on behalf of the applicant. Ms. Tracy Ernst of MB Financial Bank reviewed the
process and need for the drive - through facility. The bank wants to consolidate banking operations for a
more efficient layout and close their drive - through facility across the street.
Brian Kukla of Wight and Associates, the architect, described the layout of the site, Mr. Tom Powers the
lighting engineer described the lighting plan, indicating that the lights have a shut off feature. Fle also
-- indicated that the microphones will not be audible from lane to lane to keep transactions confidential, and
thus not be audible to adjacent property.
0101 ('alh il.i,3
Fcl: 18`47) 965 -410y 1 „ =7) jt;7
Mr. Javier Milan of KLOA, Inc., the applicant's traffic engincer, reviewed the traffic patterns of the plan.
He noted there is a better design that allows customers to use the signalized intersection at Fernald, and
conflicts at the north side are reduced. He was concerned about the screening fence for the generator
being just at the sight distance line. He reviewed the overall parking plan and stacking space, and both
are sufficient.
Mr. Steve Lenet of LCT Design Group spoke of the trend of development and the planning aspect,
indicating the rezoning of the lot is appropriate for the site and the entire area.
Sixteen interested parties registered for this case; however, only seven of them actually appeared at the
hearing and spoke. Mr. Dale Senesky questioned the light levels, the location of the drive - through and
was concerned about excessive noise and light.
Mr. Richard Timmell, the neighbor to the south, wanted additional fencing towards the rear of the lot
where the bank is expanding their parking lot, to which the hank agreed.
Mr. Aaron Machsi thought there were too many assumptions made; that the data presented was skewed,
and the hearing should be continued.
Mr. Wayne Youkhana, Mr. ,John Benstead, Mr. William Davis and Mr. Tim Kessem all were concerned
about pedestrian safety for children using the alley. Mr. Youkhana asked why tlia bank couldn't add the
drive - through to the west end of the building like in Lincolnwood. Mr. Ernst responded that based on the
Lincolnwood experience, they found it did not work due to too many pedestrian conflicts with drive -
through customers and customers using the main bank entrance.
Two concerned parties, Mr. Bill Mordieck and Mr. Eric Poders also spoke regarding this case. Mr.
Mordieck concurred with his neighbors regarding pedestrian safety in the alley and Mr. Poders also felt
the case should be continued.
Commissions Blonz and Gattorna questioned the traffic engineer about stacking and traffic counts, and
also about the number of late night ATM transactions. Commissioner Blonz questioned some of the
interested parties as to why the children would walk through the alley and not on the Dempster Street
sidewalk. They responded that there is too much traffic too close to the sidewalk. Ms. Jacobson added
that the Dempster Street sidewalk will be widened to ten (10) feet next spring and that alleys are not
generally designed for pedestrians.
Mr. Milan and Ms. Ernst addressed the Commissioners concerns.
'File Commissioners discussed the case and felt that this plan was an improvement from previous plans
and met the seven standards.
PC09 -03
Based on the above information and testimony provided at the hearing, Commissioner Gattorna moved to
approve the rezoning of the east parking lot south of the alley (Lots 16 and 17 in the subdivision of Lots
4, 5 and 6 of Hennings Subdivision) at 6201 Dempster Street from the R3 "General Residence District" to
the C1 "General Commercial District" with the following condition:
"Upon the lapse of use of the drive - through facility for a period of one year, the zoning
Of the property upon which the drive - through facility is located shall revert to the
underlying zoning in place before the special use was enacted. The Village Board may
either choose to (i)) extend this time frame upon petition of the property owner; or (ii)
consider allowing the zoning district to remain, subject to such required zoning hearings
as required by the Village zoning regulations."
The motion was seconded by Commissioned Blonz and passed: Yes— 5 , No - 0 , Absent - 1 ; Recuse - I
The Voting
Chairman Farkas
Yes
Commissioner
Blonz
Yes
Commissioner
Dorgan
Yes
Commissioner
Gabriel
Absent
Commissioner
Gattorna
Yes
Commissioner
Roepenack
Yes
Commissioner
Shimanski
Recuse
The Findings of Fact relative to this case are attached to this report.
PC09 -04
Based on the above information and testimony presented, Commissioner Dorgan moved, and
Commissioner Blonz seconded to approve a Special Use Permit for the east parking lot, south of the alley
(Lots 16 and 17 in the subdivision of Lots 4, 5 and 6 of Hennings Subdivision) at 6201 Dempster Street
for a drive - through banking facility.
There was discussion of the proposed staff conditions, and the Plan Commission concluded that the
public interest would be better served if the screening wall of the generator was removed, and the drive
aisle widened for better traffic flow and sight distance. There was also discussion for the inclusion of an
additional fence at the west parking lot along the north /south alley to better screen Mr. Timmel's property
and for the striping of a pedestrian access on the applicant's property, north of the alley. The following
conditions were included as part of the motion:
1. That the ten -foot high fence around the generator be removed to allow for a twenty -four foot wide
drive aisle, with a revised site plan to be submitted showing the removal of the ten -foot high fence
around the generator and widening the aisle to twenty -four feet and be constructed in accordance
with that site plan;
2. That the proposed drive - through be constructed in accordance with the elevations dated 10/23/09,
with the elevations and signage to be reviewed and approved by the Appearance Commission;
3. That an eight (8) car parking variation be granted;
4. That a portable fire extinguisher be placed at the facility, subject to review and approval of the Fire
Department;
5. That the landscape plan be amended to include air accurate representation of the existing
landscaping, relocation of the fence to the southern property line, construction of a solid fence,
seven (7) feet high in that location subject to final review and approval of the Appearance
Commission;
6. That final engineering plans and lighting be submitted and reviewed and approved by the Village
engineer;
7. That an adequate security system be provided to be reviewed and approved by the Police
Department;
S. That upon lapse of the drive -up facility for a period of one year, the zoning of the property upon
which the drive -up facility is located shall revert to the underlying zoning in place before the
special use was enacted. Tile Village Board may either choose to (i) extend this time frame upon
petition of the property owner, or (ii) consider allowing the zoning district to remain, subject to
such required zoning hearings as required by the Village zoning regulations;
9. That all other pertinent Village codes and ordinances be met;
10. That there be an addition of a seven -foot high fence on the west side of the north /south alley for
forty -eight (48) feet, starting at the south property tine; and
11. That the applicant is to add a striped walkway on their property on the north side of the east/west
alley.
The Motion passed: Yes — 5, No - 0, Absent - I_. Recuse 1,
The Voting
Chairman Farkas
Yes
Commissioner
Blonz
Yes
Commissioner
Dorgan
Yes
Commissioner
Gabriel
Absent
Commissioner
Gattorna
Yes
Commissioner
Rcepenack
Yes
Commissioner
Shimanski
Recuse
The Findings of Fact relative to this case are attached to the seven standards by which a Special Use
is evaluated is attached.
Res" ful subnntte _ - - %r /
or Farkas
Plan Commission Chairman
Q:AZoning \plan Comm easy \pc09 -03 & 09 -04 repomdoc
Findines of Fact
PC09 -03
Listed below are six standards for rezoning
a property in Section 12- 16 -4E4 of the
Village
of Morton Grove
Unified Development Code upon which the
Plan Commission based its decision.
1. Existing uses and zoning classifications of the abutting property and within the vicinity of the
subject property.
The existing use is an allowable commercial parking lot on residentially zoned property and
the addition of the drive- through requires a commercial classification. The property to the
west is similarly used and zoned, the north side is commercially zoned and the east and south
side are residentially zoned.
2. Suitability of the subject property for uses permitted under existing and proposed zoning
districts.
'File existing parking lot is an allowed use in either the R3 Residential or Cl Commercial
zoning classification, but the addition of °the drive - through requires a commercial zoning
classification. A drive - through bank is a suitable use adjacent to a main banking facility and
is in fact now the norm.
3. Trend of development in the vicinity of the subject property.
The property is surrounded by stable, existing land uses, but the trend of development in the
vicinity is of commercial redevelopment along Dempster Street. The rezoning of this
property would support this trend.
4. Compatibility of the proposed use with purposes and objectives of this title.
The proposed use is consistent with the Purposes and objectives of this title and meets the
criteria for a rezoning articulated in Section 12 -16 -4E 1.
5. Compatibility with the purpose and objectives of the Village's "Comprehensive Plan" and if
appropriate, the "Waukegan and Dempster Street Master Corridor Plans" and the
"Lehigh /Ferris Subarea Plan."
The proposed rezoning and its use as a drive - through is not only compatible with the
"Comprehensive Plan ", it was actually recommended as part of the "Dempster Street Master
Corridor Plan'
6. Adoption of the proposed amendment only if such adoption is in the public interest and not
solely for the applicant's interest. The Plan Commission may recommend adoption of an
amendment changing the subject property's zoning classification to one different than that
requested.
The proposed amenchnent was deemed to be in the public interest as it is clearly consistent
with the long range policy goals of the Village as articulated in the "Dempster Street Master
Corridor Plan." The Plan Commission did include a condition that if the drive- through bank
was for some reason eliminated or ceased to be used as such, the property could revert back
to the residential zoning classification.
CorodevA zoning \plancom \pcO9 -01 findings of fact
Findings of Fact
PC09 -04
Listed below
are seven standards articulated in Section 12
-1G -4C of the
Village
of'A7arton
Grove United
Development
Code upon which the Plan Commission based
its decision.
Preservation of Health,
Safety, ;Morals and Welfare —
The establishment, maintenance and
operation
of the Special
Use will not be detrimental to
or endanger the public health, safety,
morals or
general welfare.
The Plan Commission concluded that the proposed drive - through banking facility would not
be injurious to the health, safety and welfare of the community. They concluded that the
proposed site plan was an improvement over previous site plans.
2. Adjacent Properties — The Special Use should not be injurious to the use and enjoyment of
other property in the immediate vicinity for the uses permitted in the zoning district.
The Plan Commission concluded, based on the testimony provided regarding lighting, decibel
level of the intercom and screening provided for in the special use conditions that the
proposed Special Use shall not be injurious to the use and enjoyment of neighboring
properties.
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 use will not irnpede the orderly development and utilization of the surrounding
property and even enhance it, as the bank will now be able to commercially redevelop their
lot across the street. A condition was added that if the drive - through was ever eliminated the
lot could revert back to residential zoning which would be consistent with the development to
the south and east.
4. Adequate Facilities —
Adequate utilities,
access roads,
drainage and other necessary facilities
are in existence or are
being provided.
Based on the testimony of the applicant's witnesses, including the applicant's architect, civil
engineer, traffic engineer and lighting engineer, adequate facilities are being provided, In
addition, a condition was added to include a striped area on the applicant's property to
improve pedestrian access to the site.
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 Plan Commission concluded based on the information provided that the site plan, which
was greatly improved over previous site plans would not draw substantial amounts of traffic
on local residential streets, and in fact better channels traffic to the traffic light at Fernald and
Dempster. They concluded that a wider entrance drive, and removal of the generator screen
would further enhance traffic flow and safety.
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.
The Plan Commission concluded that adequate buffering and screening would be provided
especially for the neighbor to the South with conditions for a seven -foot high solid fence
along the south property line and an additional fence along the east property line of the
southwest parking lot of the bank.
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 Special Use will be required to meet all codes and ordinances as well as the
conditions stipulated by the Plan Commission. A variation was granted for eight parking
spaces, based on the parking analysis conducted by the traffic engineer that the existing
parking is sufficient.
CorndevAzoning \plancom \pc09 -04 findings of fact
Legislative Summary
Ordinance 10 -02
AUTHORIZE A NEW TITLE 10, CHAPTER 51 ARTICLE "A" ENTITLED "VACANT BUILDINGS"
OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE
Introduced
Objective
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
Second Reading:
Special Considerations or
Requirements:
Administrator Approval
Prepared by,:t
Ed Ili
January I I, 2010
To enact a new Title 10, Chapter 5, Article A of the Municipal Code entitled "Vacant
Buildings ".
The purpose of this ordinance is to establish registration of unoccupied buildings and
registration and inspection of vacant buildings to assist in minimizing the impact of
vacant buildings on the surrounding neighborhood. Fees for registration and inspection
of vacant buildings are established.
With the economic down turn, the Village has experienced an increase in vacant
buildings. Some of these vacant buildings are a result of bank foreclosures and
bankruptcies where the builder or mortgage holder has abandoned the property. An
unacceptable burden is placed on the Village to track down responsible parties. The
proposed ordinance will require responsible parties to register the affected properties and
estalalish a plan to maintain the premises in a manner consistent with Village Code.
Department of Building and Inspectional Services.
Minimal revenue, with an increased burden on the Building Department.
Not applicable.
The Building Department will implement this ordinance in the course of its normal
duties.
Approval as presented.
Required — code amendment
None
11
Alaak=
Reviewed by:
strator Teresa
Corporation Counsel
ORDINANCE 10 -02
ADOPTING A NEW TITLE 10, CHAPTER 51 ARTICLE "A" ENTITLED
VACANT BUILDINGS
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 1470 Constitution of the State of
Illinois, can exercise any power and perform any function pertaining to its government affairs,
including but not limited to the power to tax and incur debt; and
WHEREAS, the Village is continually in the process of reviewing and as necessary, updating
existing Municipal Ordinances; and
WHEREAS, vacant buildings in the Village are causing a deteriorating and blighting effect on
neighborhoods; and
WHEREAS, various responsible parties are lax in maintaining their properties requiring
extraordinary effort on the part of the Village to ensure minimum property maintenance standards; and
WHEREAS, requirements are needed to ensure the Village is aware of the location and
responsible persons owning or managing said property of unoccupied and vacant properties;
responsible parties in control of these properties are aware of any relevant municipal code violations
that may exist on the property; and establishment of a plan to correct violations in a reasonable period
of time.
NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove
set forth.
SECTION 2: The Municipal Code of the Village of Morton Grove is hereby amended to add a
new chapter; Title 10, Chapter 5, Article A entitled "Vacant Buildings" to read as follows:
CHAPTER 5
PROPERTY MAINTENANCE REGULATIONS
ARTICLE A. VACANT BUILDINGS
SECTION:
10 -5A -1:
Declaration of Policy
10 -5A -2:
Other Ordinances
10 -5A -3:
Definitions
10 -5A -4:
Unoccupied Buildings
10 -5A -5:
Obligation to Register Vacant Buildings
10-5A -6:
Approval of Plan
10 -5A -7:
Authority to Modify Plan, Right of Appeal
10 -5A -8:
Failure to Comply with Plan
10 -5A -9:
Appeal of Determination
10- 5A -10:
Other Enforcement d
10- 5A -11:
Real Estate Transfer Stamps
10- 5A -12:
Certification
10- 5A -13:
Time Restrictions — Vacant Buildings
10- 5A -14:
Enforcement and Penalties
10- 5A -15:
Severability
10 -5A -1: DECLARATION OF POLICY: The purpose of this Chapter is to protect the public
health, safety, and welfare by:
A. Establishing a program for identification, registration, and regulation of buildings which are or
become vacant on and after the effective date of this article.
B. Detemuning the responsibilities of owners of vacant buildings.
C. Providing for administration, enforcement, including abatement of public nuisances, and
imposition of penalties.
This article shall be construed liberally to effect its purposes.
10 -5A -2: OTHER ORDINANCES: This Chapter shall not be construed to prevent the
enforcement of other applicable ordinances, codes, legislation, and regulations which
prescribe standards other than are provided herein, and in the event of conflict, the most restrictive
shall apply.
10-5A-3: DEFINITIONS:
otherwise clearly indicated meanings
r have ndicated
e following shall, for the purpose of this
in this section:
BOARDED BUILDING A building which has had, in a manner intended to be temporary or
permanent, any or all openings, which openings are windows or doors
which were present for the purpose of light, ventilation or egress, some
material whether opaque,, solid or transparent, affixed to such openings,
from the interior or exterior of the building, for the purpose of securing
or preventing access or damage to the building or its components.
BUILDING Any structure occupied or intended for supporting or sheltering any
occupancy.
DANGEROUS BUILDING A building defined as a "dangerous, unsafe building" in Section 10 -5 -4 of
this Title, as it may be amended. Such buildings are public nuisances.
OWNER Any person, agent, operator, f rrn, trust, or corporation having a legal or
equitable interest in the property; or recorded in the official records of the
state, county, or municipality as holding title to the property; or
otherwise having control or possession of the property, including the
guardian of the estate of any such person, and the executor or
administrator of the estate of such person, bankruptcy trustees, or
property manager.
PERSON Includes a corporation, a partnership, trust, or other entity as well as an
individual.
PREMISES A lot, plot or parcel of land including any structure thereon.
PUBLIC NUISANCE Includes the following:
A. The physical condition, or uses of any premises regarded as a
public nuisance at common law, under the Illinois Compiled
Statutes, or under this Code; or
B. Any physical condition, use or occupancy of any premises or its
appurtenances considered an attractive nuisance to children,
including, but not Limited to, abandoned wells, shafts, basements,
excavations, and unsafe fences or structures; or
C. Any building which has unsanitary sewerage or plumbing
facilities; or
D. Any building designated by the Building Commissioner as unsafe
for human habitation or use; or
E. Any building which is manifestly capable of being a fire hazard,
or manifestly unsafe or insecure as to endanger life, limb or
property; or
F. Any premises which is unsanitary, is exhibiting rodent harborage
or infestation, or which is littered with rubbish or garbage, or
which has an uncontrolled growth of weeds; or
G. Any building that is: dangerous; in a state of dilapidation,
deterioration or decay; improperly constructed; unsecured; vacant
with the doors, windows, or other openings boarded up or secured
by any means other than conventional methods used in the design
of the building or permitted for new construction of similar type;
damaged by fire to the extent that it no longer provides shelter; in
danger of collapse or structural failure; and dangerous to anyone
on or near the premises; or
H. Any building defined as a "dangerous and unsafe building" by
Section 10 -5 -4 of this Title; or a public nuisance anywhere in this
Code, as it may be amended.
UNOCCUPIED BUILDING A building or portion thereof not being utilized for an authorized
occupancy, including buildings ordered vacated by the Building
Commissioner pursuant to authority granted to him by this Code, and
where two or more of the following conditions are met.
A. A building at which substantially all lawful residential or
business activity has ceased.
B. The building is substantially devoid of contents. The condition
and value of fixtures or personal property in the building are
relevant to this determination.
C. The building tacks utility services such as but not limited to
water, sewer, electric or natural gas.
D. The building is the subject of a foreclosure action.
E. The presence or recurrence of an uncorrected code violation.
VACANT BUILDING A building or portion of a building which is:
A.
Unoccupied
and
unsecured;
or
B.
Unoccupied
and
secured by
boarding or other similar means for
more than 60 (sixty) days; or
C. Unoccupied and a dangerous structure; or
D. Declared unsafe for occupancy by the Building Commissioner
pursuant to applicable provisions of this Code; or
E. Unoccupied and has multiple code violations; or
F. Unoccupied and the building or its premises has been used for
unlawful activity at any time while unoccupied or at any time
during the previous six (6) months whether occupied or not; or
G. Declared unsafe for occupancy by the Building Commissioner
and unlawfully occupied; or
H. Unoccupied and abandoned as determined by Section 10 -5 -5 of
this Code and during which time the Building Commissioner has
issued an order to correct public nuisance conditions and same
have not been corrected in a code compliant manner. However,
unoccupied buildings which are undergoing construction,
renovation, or rehabilitation and which are in compliance with all
applicable ordinances, codes, legislation, and regulations, and for
which construction, renovation or rehabilitation is proceeding
diligently to completion; and is in compliance with all applicable
Codes shall not be deemed a vacant building.
10 -5A -4: UNOCCUPIED BUILDINGS:
A. Within sixty (60) days after the effective date of this Article, the owner, lien holders,
bankruptcy trustees, and others who acquire possession of an unoccupied building shall notify
the Building Commissioner that such building is unoccupied.
B. The Building Commissioner shall evaluate all buildings in the Village which have been
identified as an unoccupied building pursuant to Section "A" of this section, or which he or she
believes may be unoccupied and make a determination for each as to whether the building is an
"unoccupied building" within the meaning of section 10 -5A -3 . The Building Commissioner
may determine a building which meets any of the criteria set forth in Section 10 -5A -3 of this
Chapter is not to be regulated under this Article for a stated period, if upon consideration of
reliable. substantiated and sufficient evidence, he or she determines the circumstances which
give rise to the building being eligible for regulation hereunder are clearly temporary in nature
and are either in the process of being addressed or will soon be addressed by the owner and
therefore regulation of the building under this Article is not necessary to serve the public health,
welfare, Or safety and makes written findings in support of his or her decision.
C. If the Building Commissioner determines a building to be a "vacant building ", he or she shall,
within seven (7) days of making that deternination, send notice of the written determination to
the owner of record at the address provided in the owner's notice to the Building Commissioner
in subsection (A) above, or if no notice was given, to the Last taxpayer of record listed on the
most recent Cook County tax roll. Said notice of determination shall be sent first class United
States mail, with proper postage prepaid. Failure of delivery shall not excuse a person from
complying with this Article. Alternatively, the Building Commissioner may personally serve or
cause personal service of the notice of determination. Any person making such service shall
execute an affidavit attesting to the facts of service. The Building Commissioner shall maintain
an affidavit of such mailing for each notice of determination sent. The notice shall contain a
statement of the obligations of the owner of a building detennined to be a vacant building as
prescribed in Section 10 -5A -5 of this article, and a notice of the owner's right to appeal the
Building Commissioner's determination as prescribed in Section 10 -5A -9.
D. The exteriors of all premises upon which unoccupied buildings are located shall at all times be
maintained in compliance with this Code.
E. All automatic fire sprinkler systems, alternative automatic fire extinguishing systems, standpipe
systems, and fire alarm and detection systems, including monitoring by an R.E.D. Center or a
central station approved by the Fire Chief shall be maintained and remain in service.
10 -5A -5: OBLIGATION TO REGISTER VACANT BUILDINGS: All owners of vacant
buildings shall be required to register same with the Building Commissioner as
prescribed below.
A. Owners Obligation to Register Vacant Buildings. The owner of a building who knows, or from
all the facts and circumstances should know, that his or her building is a 'vacant building"
within the meaning of this Article, or the owner of a b :Ming which the Building Commissioner
determines at any time to be a "vacant building ", or the :mer of a building whose appeal from
the Building Commissioner's detemlination has been den; zd by the Village Administrator shall
register said building and maintain said registration as indicated below within fifteen (15) days
after the earlier of: (1) the occurrence of the facts which wc: d cause a reasonable person to
believe the building was a "vacant building ", or (2) the date -i the Building Commissioner's
notice of determination, or denial of the appeal, whichever oc irs. Registration does not
exonerate the owner from compliance with all applicable code and ordinances, including this
Chapter, nor does it preclude any of the actions the Village is alrthorized to take pursuant to this
Chapter or elsewhere in this Code.
1. Registration Requirements:
a. The owner shall register the building on a form provided by the Building
Commissioner and pay the two hundred dollar ($200.00) annual (calendar year)
nonprorated vacant building registration fee. The form shall include, as a
minimum, the name, street address, and telephone number of the owner; the case
name and number of any litigation pending concerning or affecting the building,
including bankruptcy cases; and the name, street address, and telephone number
of all persons with any legal interest in the building or the premises. The form
shall require the owner to identify a natural person twenty -one (2 1) years of age
or older who maintains a permanent address in Cook County, Illinois, to accept
service on behalf of the owner with respect to any notices the Building
Commissioner sends pursuant to this article or service of process in any
proceeding commenced to enforce any provision of this Article, and file with the
Building Commissioner on the registration form, the name, address, telephone
number, of said person. A street address is required. A post office box is not an
acceptable address.
b. The form shall state the owner, by affixing his or her signature, is advised the
Village will not issue real estate transfer tax stamps without Village inspectors
having first conducted a comprehensive interior and exterior inspection for code
compliance.
The owner shall renew the vacant building registration each year on or before January 1
for the time the building remains vacant and pay the required two hundred dollar
($200.00) nonprorated annual fee; and
The owner shall file an amended registration within fifteen (15) days of any change in
the information contained in the annual registration and pay the one hundred dollar
($100.00) amended registration fee. A new registration is required for any change in
ownership whatsoever.
B. Obligation to Register Vacant Buildings Acquired through Foreclosure. The obligation to
register a vacant building shall extend to any person that has obtained title to a vacant building
through a foreclosure action.
An owner shall register a vacant building with the Building Commissioner within 15
days of obtaining title to same by providing the same information required under
Section 10- 5A- 5 -A(I) on the registration form prescribed by the Building
Commissioner.
An amended registration form shall be filed in accordance with Section 10- 5A- 5 -A(3)
within 15 days of any change in the information provided in any registration form
provided hereunder.
C. Notice; Inspection:
1. An owner of a vacant building shall be deemed to indicate his or her consent to service
of notices sent or required to be sent, pursuant to this Chapter, by posting on the
building if the owner fails to renew the registration, if required, or properly maintain the
registration as current with the Building Commissioner as to register the vacant building
or the information required regarding the person designated to accept notice and service
of process.
2. The owner shall consent to a code compliance inspection of the interior and exterior of
the vacant building and premises and shall pay a five hundred dollar ($500.00) fee
therefore within thirty (30) days of registering the vacant building. Such inspection will
determine the extent of compliance with the Village's property maintenance, building,
health, fire, water and sewer codes. The Village shall send the inspection report to the
owner within thirty (30) days. Periodic re- inspections shall take place, as necessary,
until code compliance is achieved and annually thereafter. Unpaid inspection fees shall
be a lien upon the premises.
3. The Certificate of Occupancy for the building shall be revoked when, based upon the
inspection, the Building Commissioner determines the building is unsafe for occupancy,
is a public nuisance, or is unoccupied and abandoned pursuant to applicable provisions
of this Code.
D. Insurance: Obtain liability insurance and maintain such insurance for as long as the building is
vacant, and file evidence of such insurance with the Building Commissioner, as follows: five
hundred thousand dollars ($500,000.00) for a vacant residential building of one to three (3)
units; seven hundred fifty thousand dollars ($750,000.00) for a vacant residential building of
four (4) to eleven (11) units; one million dollars ($1,000,000.00) for a vacant residential
building of twelve (12) to forty - eight (48) units; two million dollars ($2,000,000.00) for a
vacant residential building of more than forty -eight (48) units; and two million dollars
($2,000,000.00) for a vacant manufacturing, industrial, storage, or nonresidential commercial
building.
E. Vacant Building Plan: Within 30 days of the time a building is registered as required herein,
the owner shall submit a vacant building plan. The Building Commissioner may prescribe a
form for the plan. If the owner fails to submit the plan as provided for by this Article, the
Building Commissioner may determine the plan. The plan shall contain the following as a
minimum:
1. A plan of action to repair any doors, windows, or other openings which are boarded up
or otherwise secured by any means other than conventional methods used in the design
of the building or permitted for new construction of a similar type. The proposed repair
shall result in openings being secured by conventional methods used in the design of the
building or by methods permitted for new construction of similar type with board
removed. Boarding shall be accomplished with materials and methods described in
Chapter 10 -14. The owner shall maintain the building in an enclosed and secure state
until the building is reoccupied or made available for immediate occupancy. If the
owner demonstrates securing of the building will provide adequate protection to the
public, the Building Commissioner may waive the requirement of an enclosure.
2. For buildings and premises thereof which are determined by the Building Commissioner
as being or containing public nuisances, as defined in Section 10 -5A -3 of this Chapter,
then the vacant building plan shall contain a plan of action to remedy such public
nuisance(s).
3. A reasonable time schedule identifying a date of commencement of repair and date of
completion of repair for each improperly secured opening and nuisance identified by the
Building Commissioner.
4. A reasonable time schedule identifying the date(s) of commencement and completion of
all actions required to achieve habitability. No plan which fails to provide for
compliance with this Article or, which will not, as determined by the Building
Commissioner, achieve such compliance, within three (' )) months for all exterior
violations, and two (2) years for all interior violations will be approved, except the
Building Commissioner may approve a time extension based upon clear and
documented evidence of good cause shown by the owner as determined by the Building
Commissioner.
5. When the owner proposes to demolish the vacant building, the owner shall submit a
plan and time schedule for such demolition.
6. A plan of action to maintain the building and premises thereof in conformance with this
chapter.
F. Maintenance of Vacant Building and Premises
The exteriors of all premises upon which vacant buildings are located shall at all times
be maintained in compliance with this Code.
2. All automatic fire sprinkler systems, alternative automatic fire extinguishing systems,
standpipe systems, and fire alarm and detection systems, including monitoring by
R.E.D. Center or a central station approved by the Fire Chief shall be maintained and
remain in service.
3. Exterior lighting according to standards established by the Building Commissioner
4.. All ground floor windows facing street frontage, including but not limited to, all display
windows in unoccupied or vacant commercial buildings shall be kept in a well
maintained and clean condition and shall be covered on the interior side in a
professionally finished manner with an opaque window covering material manufactured
for that purpose and approved by the Building Commissioner, or in the case of display
windows, such windows shall be kept in a well maintained and clean condition and the
display area shall be enclosed with a professionally finished backdrop, floor, side walls
atnd ceiling all of which shall be kept in a well maintained and clean condition and shall
be well lighted from 10:00 am to 10:00 pm each day. Photographs, paintings and other
works of art or other tasteful forms of decoration may be professionally displayed in
these properly -enclosed clear glass display windows. If opaque window covering
material is used, a 1 " x 1 " clear glass opening through which the interior space is clearly
visible shall be maintained at standing eye level along one edge of one such window.
G. Signage: Affixed a sign to any building which is boarded, no smaller than two feet by two feet
(2'x 2') and providing the following information: The name, address, and telephone number of
the owner, and in addition, for buildings which are the subject of a foreclosure action, the name,
address, and telephone number of the plaintiff and the plaintiffs attorney, if any, in the
foreclosure action. The sign must be placed so its message is legible from the public way.
10 -5A -6: APPROVAL OF PLAN:
A. Review Building Plan: The Building Commissioner shall review the proposed vacant building
plan in accordance with the standards below. The Building Commissioner shall send notice to
the owner of the vacant building of his deten-nination.
B. Standards for Plan Approval: In considering the appropriateness of a vacant building plan, the
Building Commissioner shall include the following in his or her consideration and shall make
written findings as to each:
The purposes of this Chapter and intent of the Village Board of Trustees to minimize
the time a building is boarded or otherwise vacant.
2. The effect of the building and the proposed plan on adjoining property.
3. The length of time the building has been vacant.
The presence of any public nuisances on the property.
The likelihood that the plan or portion(s) thereof will prevent or ameliorate the
condition it is designed to address.
10 -5A -7: AUTHORITY TO MODIFY PLAN, RIGHT OF APPEAL: The Building
Commissioner shall, upon notice to the vacant building owner, have the right to modify
the vacant building plan by modifying the dates of performance, the proposed methods of action, or by
imposing additional requirements consistent with this Chapter he or she deems necessary to protect the
public health, safety, or welfare.
10 -5A -8: FAILURE TO COMPLY WITH PLAN: Failure to submit a plan within thirty (30)
days of filing the registration form or failure to comply with the approved plan shall
constitute a violation of this chapter subjecting the owner of the building to penalties as provided in
this chapter and to any remedies the Village may avail itself of as provided for herein and elsewhere in
this Code, including, but not limited to, an action to compel correction of property maintenance
violations.
10 -5A -9: APPEAL OF DETERMINATION:
A. An owner of a building determined by the Building Commissioner to be a vacant building as
provided for in this Article may appeal that determination to the Village Administrator. Such
appeal shall be in writing and shall be filed with the Village Administrator within fifteen (15)
days of the date of mailing of the notice of determination. The filing of an appeal stays the
owner's obligation to register his building as required by Section 10 -5A -5 of this Chapter. The
appeal shall contain a complete statement of the reasons the owner disputes the Building
Commissioner's determination, shall set forth specific facts in support thereof, and shall include
all evidence the owner relies upon to support the appeal. "I'he Village Administrator shall decide
the appeal on the basis of facts presented by the owner in his or her written appeal and the
Building Commissioner's written detennination and any other credible information or evidence
submitted to the Village Administrator from the Building Commissioner.
B. The Village Administrator shall send written notice of his decision to the owner within ten (10)
business days of his or her receipt of the appeal. The Village Administrator may, but is not
required to, seek additional information from the owner. The Village Administrator may, upon
written notice thereof to the owner, take no more than ten (10) additional business days, to
decide the appeal if he or she determines that such additional time is required for consideration
of the appeal
C. An owner who wishes to challenge applicability of this chapter to his /her building without the
Building Commissioner's determination having been made, shall set forth specific facts to
support nonapplicability in writing to the Building Commissioner. In the event the Building
Commissioner determines the subject building is a "vacant building ", the owner shall have the
right to appeal the Building Commissioner's determination to the Village Administrator as
provided for herein.
10- 5A -10: OTHER ENFORCEMENT: The registration of a vacant building shall not preclude
action by the Village to demolish or to take other action against the building pursuant to
other provisions of this Article, this Code, or other applicable legislation.
10- 5A -11: REAL ESTATE TRANSFER STAMPS: A premises upon which is situated a vacant
building for which any fines or fees, including inspection fees, or registration fees
imposed pursuant to this Chapter have not been paid in full or an ulterior and exterior inspections as
required by 10 -5A -5 have not been completed is not eligible for Village real estate transfer tax stamps.
Unpaid fees shall be a lien upon the property.
10- 5A -12: CERTIFICATION: A certificate of code compliance for vacant buildings issued by
the Building and Inspectional Services Department and payment in full of all fees, fines,
water bills, and other financial obligations imposed pursuant to this chapter are required prior to any
occupancy of a vacant building.
10- 5A -13: TIME RESTRICTIONS — BOARDING: It is the policy of the Village of
Morton Grove that boarding is a temporary solution to prevent unauthorized entry into
an unoccupied or vacant building and that boarded buildings are a public nuisance. A building may not
remain boarded longer than six (6) months unless an extension of that time is part of a plan approved
by the Building Commissioner.
An unoccupied building which is unboarded, code compliant, and secure as determined by the Building
Commissioner, on the basis of police reports, citizen complaints, and other information considered
reliable by reasonable persons, may not remain unoccupied for more than two (2) years without an
approved plan for occupancy, sale, demolition, or other disposition of the building in place within the
timeframes established in this article, except as otherwise provided for in Section 10 -5A -5.
10- 5A -14: ENFORCEMENT AND PENALTIES:
A. Any person found to have violated any provision of this Chapter shall be subject to a fine as
determined in Section 1 -4 of this Code, in addition to any other legal or equitable remedies
available to the Village. Such other remedies include, but are not limited to, injunctive relief,
application to a court of competent jurisdiction for a receiver, demolition, or condemnation,
contracting for the repair or purchase of the premises, or foreclosure of any lien the Village may
have thereon.
B. A separate and distinct offense shall be committed each day on which such person or persons
shall violate the provisions of this Chapter.
C. The Village may
enforce this Chapter in
its administrative adjudication
system or through the
court system.
D. Nothing herein contained shall prohibit the Village from immediately condemning as provided
for in this Code a building or taking other immediate action upon a determination the building
is a public nuisance or poses an imminent danger to the occupants of the building, or the public,
health, safety and welfare.
10- 5A -I5: SEVERABILITY: In the event any section of this chapter or any part of any section of
this chapter is declared to be unconstitutional, such decision shall in no way affect the
operation of any other section or part thereof the remainder of this chapter shall remain in full force and
effect.
SECTION 3: This
Ordnance
shall
be in full force and effect from and after its passage,
approval and publication in
pamphlet
form
according to law.
PASSED this 11 u, day of January 2010.
Trustee DiMaria
Trustee Gomberg
Trustee Grear
Trustee Marcus
Trustee Thill
Trustee Toth
APPROVED by me this 11`" day of January 2010
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office this
12'' day of January 2010
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Legislative Summary
Ordinance 10 -04
AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE SECTION 12 -4 -31)
ZONING DISTRICTS — COMMERCIAL DISTRICT — USES TO ALLOW D RIVE -THR U FACILITIES, AND
SECTION 12 -5 -5 SPECIAL ZONING PROVISIONS — CRITERIA FOR SPECIFIC COMMERCIAL USES —
DRIVE- THRUFACILITIES WITHIN THE VILLAGE OF MORTON GROVE
Introduced:
i January 11, 2010
Synopsis:
This ordinance will provide a text amendment to the Unified Development Code
for specific commercial use criteria for drive -thru facilities.
Purpose:
Passage of this ordinance will allow drive -thru facilities within commercial
districts.
Background:
The Village of Morton Grove filed an application to amend the Unified
Development Code to allow certain drive thru facilities located within major
shopping centers as a permitted use. Currently, all drive thru facilities are
allowed only as a special use. Village staff recommended this change to stream -
line the process for drive thru facilities, especially restaurants, when such
facilities are located in a center within larger shopping centers within the
Village. Currently, only four locations within the Village are large enough and
so situated to qualify for this amendment.
The Plan Comn2ission at its September 21, 2009, and December 21, 2009, Public
Hearings considered this case and recommended that this amendment be adopted
provided certain additional conditions were imposed. These conditions are
consistent with conditions which would nonnally be imposed upon granting a
special use permit for drive thru facilities. .
Programs, Departments
Building and Inspectional Services
or Groups Affected
Fiscal Impact:
Ar /A
Source of Funds:
N/A
Workload Impact:
The application for the UDC change was processed by the Building
Commissioner pursuant to the normal course of business.
Admin Recommendation:
Approval as presented.
First Reading:
January 11, 2010
Special Considerations or
The petitioner is requesting adoption of this ordinance on a fist reading.
Requirements:
submitted:
Administrator
Preparedby -
Teresa HoffmanListon, Corporation Counsel
Reviewed
Ed Hildebrandt, Building Commissioner
ORDINANCE 10 -04
AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE
SECTION 12 -4 -31) ZONING DISTRICTS — COMMERCIAL DISTRICT— USES TO ALLOW
DRIVE -THRU FACILITIES, AND SECTION 12 -5 -5 SPECIAL ZONING PRO VISIONS —
CRITERIA FOR SPECIFIC COMMERCIAL USES — DRIVE -THRU FACILITIES WITHIN THE
VILLAGE OF MORTON GROVE
WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a
home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of
Illinois, can exercise any power and perform any function pertaining to its govenunent 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 to assure they are kept current and relevant; and
WHEREAS, the applicant, the Village of Morton Grove has made a proper application to the
Plan Commission in Case No. PC09 -06, requesting a text amendment to Sections 12 -4 -31) and 12-5 -
5B of the Village of Morton Grove Unified Development Code regarding drive -thru facilities within
commercial districts within the Village of Morton Grove; and
WHEREAS, upon public notice duly published in the Morton Grove Champion Newspaper, a
newspaper of general circulation in the Village of Morton Grove, which publication took place on
September 3, 2009, October 1, 2009, November 5, 2009, and December 3, 2009, public hearings were
held on September 21, 2009, and December 21, 2009, relative to the above referenced case at which
time all concerned parties were given the opportunity to present an express their views for the
consideration of the Plan Conunission. Asa result of said hearing, the Plan Commission made certain
recommendations and conditions through a report dated January 11, 2010, a copy of which is attached
hereto and made a part hereof and marked as Exhibit "A"; and
WHEREAS, the Corporate Authorities of the Village find new economic conditions exist
which support a need to streamline the process for certain drive -tlnn facilities within the Village of
Morton Grove and an amendment to the Unified Development Code regarding the regulation of drive -
thru facilities is in the best interest of the Village; and
WHEREAS, the Corporate Authorities have considered this matter at a public meeting and find
the text amendment when evaluated in the context of the whole Village serves the public good of the
Village and not just the applicant.
NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove
set forth.
SECTION 2: Section 12 -4 -31) of the Unified Development Code of the Village of Morton
Grove is hereby amended to add the following categories of uses:
Zoning Districts
Categories of Use C -1 C -2 C /R�
Drive -thru facilities located within a
P3 S3 S3
shopping center that meets the criteria set
forth in Section 12- 5 -511-3.
This amendment shall not affect all other drive -thru facilities which shall remain as follows:
Categories of Use
thru
See Chapter 5, "Special Zoning Provisions ", of this Title.
Zoning Districts
C -1 C_2 C/R
S3 S3 S3
SECTION 3: Section 12 -5 -5: Criteria for Specific Commercial Special Uses — Drive -Thru
Facilities is hereby amended to state as follows:
12 -5 -5: CRITERIA FOR SPECIFIC COMMERCIAL SPECIAL USES:
B. Drive -Thru Facilities: The restrictions listed below apply in all commercial zoning districts to
all facilities with drive -up windows that are intended to allow customer transactions from a
motor vehicle without entering the building, including, but not limited to, fast food or drive -
through restaurants and banking facilities:
A vehicle stacking area a minimum of one hundred feet (100') in length for customers
waiting to order food and drink for delivery at the drive -up window must be provided
on site and designed to not interfere with normal parking or with vehicle movement on
the site.
The vehicle stacking area must be designed to accommodate all waiting vehicles on site,
and if interior to a shopping center, carmot interfere with major internal driveways or
access drives.
Drive -tlnu facilities shall be permitted uses on outlets within large shopping centers
provided they meet the following criteria. If the following criteria are not met, the
drive -thin shall continue to be a special use:
a. The shopping center site shall be a minimum of four
hundred
feet (400')
by four
hundred feet (400') and at least one side of the site is
adjacent
to a major
street.
b. All drive -thru facilities shall be on outlets that front the major arterial public
road for the shopping center.
c. Adequate site distances and circulation patterns to assure pedestrian and driver
safety shall be maintained for the facility and the shopping center, per the review
and approval of the Village Engineer.
d. All access drives and traffic circulation shall be internal to the shopping center,
with no direct access to the public right-of-way. A bypass lane shall be
provided, where deemed necessary by the Village Engineer.
e. All order boards and drive -up windows
shall
be located at least fifty
feet (50')
from the property line of any residential
use.
of this
Title.
f. Any order board, speaker, microphone or other amplification device located
within one hundred feet (100') of the property Line of any residential uses shall
be placed and directed to direct amplified sound away from the residential use.
g. Any drive - through facility Located within oue hundred feet (100') of the
property line of any residential shall provide solid or opaque screening to limit
visibility of the drive -thru traffic from the residential use.
h. Off - street parking and loading for the drive -thin facility and shopping center
shall be provided in accordance with Chapter 7 of this Title.
i. Landscaping and screening
for the
drive -thru
facility shall
be provided in
accordance with Chapter 11
of this
Title.
The drive -thru window shall not front on the major arterial public road for the
shopping center.
SECTION 4: This Ordinance shall be in full force and effect from and after its passage,
approval, and publication in the manner provided by law.
PASSED this 11`I' day of January 2010.
Trustee DiMaria
Trustee Gomberg
Trustee Grear
Trustee Marcus _
Trustee Thill
Trustee Toth
APPROVED by me this 11 °' day of January 2010.
Daniel J. Staackmaml, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office this
12`' day of January 2010
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Villa Nc, ?, t of
11aiana,y ; 1.2009
V illacc Presiden1
PAuiih>crs of the Board of'17ustccs
(3101 Capulinli Avenue
Morto;i Grove; Iflinaisb00 >3
llear Prasidcnt Siaac ruann and Members of the Viliaoc Board:
C)n Soptmnbe1 21, 2009 and DcC kin 21, 2009, a public hearing arms conducted by the Morton
Grove Plan Conmiission concerning case PC 09 -06, wherein Appliumt the Village of' Morton
Grove, 6101 CapuIinot Ave, Morton Grove 11, 60053, requested a text amendment to Sections 12-
4.31) and 12 -5 -5b of the V'illagc of Morton Grove United Develop ment Code regarding "Drive -
hrough I acilhies." "I he case was originally docketed for September 21, 2009 and the hearing
commenced fill that dtrte bill was continued by the Commission, on its own motion, for m nre
nation iron: the apl,li11 - ucrcai'tcr the case was continued From timc to time until
Uc ember 21, 20t)E). Nonce of the )caring was Published in the Champion Olmspaper on
September 3, October 1, November 5 and December 3, 2009.
On September 21, 2009 Ms. i3onnicJacobson, Planner, introduced Mr. Bill Ncucndoaf, Director
of Comnr;nity & Economic Development, who presented the case 'for the Village. Mr.
Ncuendorf reviewed the relevant portions of the Unified Development Code and the proposed
amendment. I le argued that the Villat)e's special use process requited for drive- through i'2c;lities
tit times pills Morton, Grove pt a competitivc disadvanta� rcgarding the Village's ability to attract
x,i�nc. scs, psilicularly icstaurants and that the proposed test amendment would zllow drivc-
ibno �lhi I cihuas us a permuted use but only on out -10's ill large shopping miters and subject to
certain conditions.
'I he proposed aliMidimcni would only apply a4dicre the shopping center is situated on a tract that
s -!t Icast 400 feet me,tY❑cd parallel to tha center line of a major street and at least 400 feet
measured perpendicularly to the centerline of a major street. ife added that there are many
hrrdlcs a potential business has to go through and it is particularly difficult for restaurants and
Morton (rove is at a dis<xlva lilt e;e comlxu-ed to some other communities which CIO rot require a
s;xci,l use permit. I!e 1 sill r iii,rl-d shat the ur�?�iM;r2ly, ille expense and th • time -frame it takes
to rudglr ti . �;pccial u,c ;rocs ;s line, in Ills view, driving away business.
I Conlnk;i swnca-s questioned Mr. Ncuendoil as to how the surrounding communities regulate
drive- through facilhie" to which Mr. NCLiendOrf respondcd (fiat he did not have specific
information available at hand. 'file. comm;ssicncrs voted to continue the cruse until they had �norc
nformation along that line.
Tim, case was continoc 1 ;gain on October 19, 2009 and ;November 16, 2009 by the Pian
Cori nission and 111mlly h:;arci on Dl. comber 21, 2009 saner additional ill forr tt on was presented
tw g\/h, l a:cndorf in tl,c foml of :1 > .igc list ofdrivc- l'iio:gh use iegulutiolis in ccrmi❑ oilier
(� p77
Richard �T.. (Flickinger Municipal Center
1G 1lme l;'mnAjI01,CtaG7uiTl%,S ve �5vl�rj�z6rlY)izg iYE ill11Q15 60053 -2985
Tel: (847) 965 -4100 Fax: (847) 965 -4162
Mill III Lill itics Snaff also added restictions to the on�inal1%, L)loposed <<mcndment to assure that
the health, safety grad tv "Ifare of file community iNas protected in the absence of a hearing.
At the December 31" Ircarim) the Coll, m Isis ionors had several questions. Commissioner
Q mtry ;;'u Cllr,sIirmcd how msm% prohcrtics ra;fhin the VdINge would mcct the size Cl itcria and if
the rc"ulutions would require a by -Kass lane.
Mr. Nolemlorf responded felt than would onl}/ be four potential properties irr town that Would
have sites largo enou lh to take oldvimtilge of'thcse picvi5ions. M;. NcUClldorfilko respondcd
that e bypass Line was not considered.
Commissioner Blonzz had several questions for Mr. Neuendort; asking, among other thins, hAw
staff arrived at the site size and setback criteria. He also questioned if fast food restaurants were
Bally the tvlee of resteura•-ts the village wanted to attract M� �teucndorf indicated the sites
needed to he lar�oc munrgh to acconunodate file restrictions, otherwise a sp ial use permit wotrid
still be required.
for. 1:1d I If (johrandt, Building Commissioner, added thaat thcrc still would need to be adequate
P a kin�t Ior the shoppinL� center and Ms..tacobson noted that the lot depth w is especially critical
to be able to comprise a shopping center, Parking and an out -lot with a dnvc- th!augh and that the
critical feature of the large lot is brat t,ai is circulation would be internal to the shopping center
and not on lablic streets.
�. UI„missir n r G:,N;"I was disappointed that nmrc nl.arby co;rmunitics were not researched and
Ile was also co!wcr;acd about the scrccning requirements being too restrictive in some casc& tmd
wanted morn Ilcxihjhty as to the type of scrccning that Would be required.
Com III issioncr Rocpcn cI, was in favor of helping economic development, whereas Chairman
Parkas was cgnccrncd that valuable input Thom residents thli a puhlic I'rcaring would he lost if
hose drive- throughs became IDo -mitted uses.
The Plan Commission discussed the merits of fle proposed text amendment and suo Icsied some
n•olrrc:uions. 'pile following gsrovisiolts were added as conditions to the proposed amendment:
Section B -3 -d be atnf,lided to require that a. by -peals lane acceptable to file Village
Inginccr be provided.
2. Scetioit
B-3- he amended to state: "If' ally part of a drive - through facility is located
vwithiu one hundred feet NOW) ()fa laroperty nine to my residential use, it shall hove .solid
or optuluc scrccning to limit visihi,ity of the drive -th-o rch facility fi-om the residential
use."
ScUUan i ; -3 -I it iddrd to s[atc: o drive- plough an�indow siaall wont tolward e major
atii:rial road.
Richard T. Flickinger Municipal Center
6101 Capulina Avenue m Morton Utove, Illinois 6005; -2985
Tel: (847) 965 -4100 Fax: (847) 965 -4162
Village of n. Fry ,. , v
Depcirtment of Building and Inspectional Services
Direct Telephone 647/470 -5214
Direct Fax 847/663 -6185
Comnrissioncr Gabriel made a motion to alrprovc, which was seconded by Commissioner
Shimmicla for �i tc>t an ndmcni !o ncctions 12 -4 -3D and 12 -5 -53 of fhc Uni3ied Dcvclol)mcnt
Code rcCnriid na I)rivc Tl)io:u,h facilities.
I'hc r,ioiions ptseecd: nyc 6: flay 1: Absent 0.
I'hc Votima:
Ch��irman Perl:as
Conunissioncr
t3lonr.
nyc____
COI 11 �li5S1011L1'
I)Oi'�.',il it
AVM ___..
Com III oru
Gaoricl
n }e__.._.
CDI7I IISSKIRU
C1,ItiOI'ilh
-.. Ave
ConvrlissioiicrRocircneck
AVIC
ConirrnissionirSl
mmsl:i
Ave
Yhc lindsngs of fact for PC 09 -06 relative to this case are attached to this report.
v Submitted,
Kontild haii<as
Platt Commission Chairman
Richard T. FIickirger Municipal Center
6101 Capulma Avenue d Morton Grove, Illinois 60053 -2M'5
Tel: (847) 965 -4100 Fax: ( (847) 965 -4162
Village k gres%
Departazsent of Building and inspectional Services
Direct Telephone 847/470 -5214
Direct Fax 847/668 -6185
driudin«t of Fact
to sc, :i;on 12-
(�mvo Uni'icd Dovclni)menf Code., nCw economic conditions
s {l(Iamfinc �h process Cot ccimin drive -throu h I1iciliticsto 0
auordir�,ly an Lim"ll(Imum to [hc d ivc- through provisions of
the Villasc.
6 -41 of Ci�c V i I.��c of Orton
exist .such th a hero is a need to
)en within the V /illage, and
the Code is in tho best into est of
Richard T. Flickinger Municipal Center
6101 Capuiina Avenue w Morion Grove, Illinois 00053-2985
Tel: (947) 965 -4100 Fax: (847) 965 -4162