HomeMy WebLinkAbout2010-10-25 Agenda2
Call to Order
Pledge of Allegiance
3. Roll Call
4.
5
7
Approval of Minutes —
Public Hearings
Special Reports
Nam
mal
Regular Meeting of October 11, 2010
Special Meeting of October 11, 2010
Residents' Comments (agenda items only)
8. President's Report -- Adminisiralion, Northwest Municipal Conference, Council of Mayors, TIF
Committee, Capital Projects, Real Estate Committee
9, Clerk's Report — Legal, Cable and Telecommunications Commission
10. Staff Reports
a. Village Administrator
1) Halloween Trick and Treat Times — 3:30 p.m. -7:30 p.m., Sunday, October 31
2) Announcement of Budget Hearings to be held at 6:00 pm on October 26 and October 27
3) 2011 Proposed Budget Overview Presentation
4) Special Presentation Regarding the Homestead of Morton Grove Development and
Redevelopment Agreement
5) Miscellaneous Reports and Updates
b. Corporation Counsel
1 1. Reports by Trustees
a. Trustee DiMaria — Community and Economic Development Department, Waukegan Road TIF
Review, Comprehensive Plan, Real Estate Committee, Lehigh /Ferris TIF Review, Economic
Development, Dempster Street Corridor Plan (Trustee Thill)
1) Ordinance 10 -19 (Introduced October 25, 2010) (First Reading)
Authorizing an Economic Incentive and Tax Increment Allocation Financing
Development Agreement By and Between the Village and Essex Corporation
2) Ordinance 10 -20 (Introduced October 25, 2010) (First Reading)
Granting a Special. Use Permit for a Senior Citizen Housing Development Project
in the Village
b. Trustee Gornberg — Finance Department, Community Relations Commission, Finance Advisory
Commission, Northwest Municipal Conference, Condominium Association (Trustee Toth)
1) Resolution 10 -77 (Introduced October 25, 2010)
Adopting the Village of Morton Grove Identity Protection Policy
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, 17' Communications, Chamber of Commerce (Trustee
Gomberg)
1) Resolution 10-80 (Introduced October 25, 2010)
Authorizing the Purchase of Directional /Stationary Traffic Radar Systems for Police Patrol
Vehicles
e. Trustee Thill — Public Works, Capital Prgjects, T rgffic Safety Commission, Natural Resource
Commission, Solid Waste Agency of Northern Cook County, Advisory Commission on Aging
(Trustee Marcus)
1) Resolution 10 -78 (Introduced October 25, 2010)
Authorizing a Highway Authority Agreement and a Tiered Approach to Corrective Action
Objectives Supplemental Agreement between Shell Oil Products US and the Village
Relating to the Property Located at 5600 Dempster Street
2) Resolution 10 -79 (Introduced October 25, 2010)
Authorizing the Execution of an Agreement with the State of Illinois for New Emergency
Vehicle Preemption Equipment on New Traffic Signal Equipment at the Intersection of
Golf Road and Shermer Road
11. Reports by Trustees (continued)
f. Trustee Toth — Building Department, Appearance Commission, Capital Projects,
Plan Commission /Zoning Board of Appeals (Trustee Grear)
1) Ordinance 10 -18 (Introduced October 11, 2010) (Second Reading)
Adopting Updates to the Building Code Regulations of the Municipal Code of the Village
12. Other Business
13. Presentation of Warrants — $695,707.03
14. Residents' Comments
15, Executive Session - Personnel Matters, Labor Negotiations, Pending Litigation, Executive Session
Minutes, and Real Estate
16. Adjournment - To ensure full accessibility and equal participation for all interested citizens, individuals with disabilities
who plan to attend and who require certain accommodations in order to observe and/or participate in this meeting, or who
have questions regarding the accessibility gl'these facilities, are requested to contact Susan or Marlene (8471470 -5220)
prompthv to allow the village to make reasonable accommodations.
CALL TO ORDER
Village President Dan Staackmann called the meeting to order at 7:00 p.m. After leading the
assemblage in the Pledge of Allegiance, he directed the Village Clerk to call the roll.
II. Village Clerk Tony Kalogerakos called the roll. Present were: Trustees Dan DiMaria, Larry
Gomberg, Bill Grear, Shel Marcus, John Thill, and Maria Toth.
IV.
V.
- - -s •
Regarding the Minutes of the September 27, 2010 Regular Meeting, Trustee DiMaria moved,
seconded by Trustee Toth, to accept the Minutes as presented. There was no discussion.
Motion passed unanimously via voice vote.
Regarding the Minutes of the Special Meeting of September 29, 2010, Trustee DiMaria moved
to accept the Minutes as presented, seconded by Trustee Thill. There was no discussion.
Motion passed unanimously via voice vote.
WOMMEAN
NONE
Presentation of U.S. Census Recognition of Morton Grove for Participation in the 2010
Census.
Trustee Gomberg, as liaison to the Community Relations Commission, noted that Morton
Grove had received a letter and a plaque from the Regional Director of the U.S. Census
Bureau, in recognition of the Village as a "valued partner" for its efforts in raising awareness
and encouraging participation in the 2010 Census. Thanks in part to Morton Grove, the
Chicago Region led the country with a 78% participation rate (nationally 74%).
Trustee Gomberg thanked the Community Relations Commission and the members of EMA
who helped put together a local access program encouraging residents to participate in the
2010 Census.
VI.
VII.
Vlll.
IX.
RESIDENTS' COMMENTS (Agenda Items Only)
NONE
PRESIDENT'S REPORT
Mayor Staackmann proclaimed the month of October 2010 as "Crime Prevention Month" in the
Village. He urged everyone to invest in the power of prevention and work together to make
Morton Grove a stronger, safer, and more caring community.
CLERK'S REPORT
Clerk Kalogerakos announced that early voting would begin tomorrow and go until
October 28", Hours for early voting are 9:00 a.m. to 5:00 p.m., Monday through Saturday.
A. Village Administrator
STAFF REPORTS
1. Mr. Wade announced that Halloween "trick or treat" hours in the Village will be on Sunday,
October 31s', between 3:30 p.m. and 7:30 p.m.
2. Mr. Wade invited the assemblage to attend two upcoming Budget Hearings, which will be
held on October 26 and October 27, starting at 6:00 p.m. These meetings will be held in the
Trustees' Conference Room on the second floor of Village Hall. They are open to the public.
B. Corporation Counsel
Corporation Counsel Liston had no report.
X.
A. Trustee DiMaria:
TRUSTEES' REPORTS
Trustee DiMaria had no formal report, but reminded everyone that the Morton Grove Chamber
of Commerce is holding a Pig Roast on Friday, October 15t ', at the American Legion Memorial
Civic Center. There are two seatings, one at 5:30 p.m, and one at 7:30 p.m. Admission is
$20, and the number to call to reserve a spat is 847- 540 -5262. Trustee DiMaria encouraged
everyone to attend.
K
X.
B
C
I
TRUSTEES' REPORTS (continued)
Trustee Gomberg
Trustee Gomberg presented Resolution 10 -74, Adopting the Village of Morton Grove's
Grievance Procedure to Resolve Complaints Alleging Violations of the Americans With
Disability Act.
He explained that the Village is now required by the Illinois Municipal Code to post on its
website an Americans with Disability Act coordinator who will provide a procedure to resolve
complaints. This resolution names Corporation Counsel Liston as the Village's ADA
coordinator.
Trustee Gomberg moved to approve Resolution 10 -74, seconded by Trustee Grear. Motion
passed: 6 ayes, 0 nays.
Tr. DiMaria aye
Tr. Marcus ave
Trustee Grear:
Tr. Gomberg afire
Tr. Thill
Trustee Grear had no report.
Trustee Marcus:
Tr. Grear afire
Tr. Toth
1. Trustee Marcus presented Resolution 10 -75, Authorization for the Disposition of
Unclaimed Bicycles Recovered by the Morton Grove Police Department.
2
He explained that the Police Department, on a regular basis, receives calls for found bicycles
in the Village. The bicycles are collected and inventoried and stored in the Police garage.
They are kept at least six months to allow the department to ascertain ownership. If no owner
information is found, the department disposes of the bicycles in accordance with department
policies and State guidelines. In the past, auctioning off the bicycles did not prove to be cost -
effective due to their relatively minor value. This resolution will authorize the bicycles to be
donated to a not -far- profit group called the "Working Bikes" in Chicago.
Trustee Marcus moved, seconded by Trustee
passed: 6 ayes, 0 nays.
Tr. DiMaria pye Tr. Gomberg
Tr. Marcus a re Tr. Thill
Toth, to approve Resolution 10 -75. Motion
Trustee Marcus asked Jackie Walker- O'Keefe, Family and Senior Services Director, to
address the Board with the latest from the Civic Center,
Ms. Walker- O'Keefe said that flu shots are available to any resident over age 18. She
encouraged everyone to get a flu shot. The nurse administers these shots on Tuesdays and
Fridays between 9:00 a.m. and 11:00 a.m. Trustee Marcus emphasized her announcement,
noting that the flu and cold season is starting. He encouraged seniors to get their flu shot.
3
Tr.
Grear
M
aye
Tr.
Toth
awe
Trustee Marcus asked Jackie Walker- O'Keefe, Family and Senior Services Director, to
address the Board with the latest from the Civic Center,
Ms. Walker- O'Keefe said that flu shots are available to any resident over age 18. She
encouraged everyone to get a flu shot. The nurse administers these shots on Tuesdays and
Fridays between 9:00 a.m. and 11:00 a.m. Trustee Marcus emphasized her announcement,
noting that the flu and cold season is starting. He encouraged seniors to get their flu shot.
3
a
Trustee Thiif
Trustee Thill
Widening to
Trustee Thill
6 ayes, 0 nal
Tr. DiMaria
Tr. Marcus
TRUSTEES' DEPORTS (continued)
presented Resoiution 10 -76,
the Dempster Street Roadv
moved, seconded by Trustee
is.
afire Tr. Gomberg
aue Tr. Thill
Authorization to Add Additional Pavement
;ay improvements.
Toth, to accept resolution 10 -76. Motion passed:
a Tr. Grear afire
Tr. Toth acre
2. Trustee Thill announced that the American Legion Veterans' Day Dance will be held on
Saturday, November 6, 2010 at the American Legion Memorial Civic Center, 6140 Dempster.
Cocktails begin at 5:00 p.m. Admission is S25 per person and includes cocktails, dinner, and
dancing. Please contact Bill Smith for more information.
Trustee Thill encouraged everyone to attend the Veterans' Day ceremony on Sunday,
November 7 at 1:30 p.m. at the Civic Center. The opening of the Veterans' Voices project
at the Historical Museum will immediately follow, at 2.30 p.m.
3. Trustee Thill asked the public to keep piles of leaves about a foot away from the curb on leaf
pick -up days. That way, in case of rain, the leaves won't clog the sewers. Trustee Thill also
asked that residents consider just leaving leaves on their lawn as mulch.
Trustee Grear asked when leaf pick -up started. Director of Public Works said that it officially
started today.
F. Trustee Toth:
1. Trustee Toth presented for a first reading Ordinance 10 -18, Adopting Updates to the
Building Code Regulations of the Municipal Code of the Village of Morton Grove.
She explained that the Building Department, in coordination with the Fire Department,
researched the current prohibition of combustible construction in other than residential
districts. in 1977, the Village adopted a Sprinklered Building Ordinance, amended in 1995.
requiring buildings over 1,000 square feet in area of any type construction in C and M zoning
districts be protected by automatic fire sprinkler systems. In light of current building code
requirement, the Building Commissioner and Fire Chief feel the proposed language change
will provide an acceptable level of fire and life safety protection. The proposed language will
allow buildings in the C and M zoning districts to be constructed with noncombustible walls
(metal or masonry) and combustible wood roofs where the building is limited to a maximum of
4,500 square feet in area, no more than one story, or 15 feet in height, and is separated from
all other buildings by at least 30 feet.
2. Trustee Toth announced that the Veterans' Voices project is still looking for veterans to record
their history. If interested, contact Mary Busch at 847 - 965 -0203. The Veterans Voices'
project is a joint venture between the Village of Morton Grove, the Morton Grove Historical
Society, the North Shore Senior Center, the Morton Grove Public Library, the Morton Grove
Park District, and American Legion Post #134.
4
X. OTHER BUSINESS
Trustee Marcus noted that this Saturday is the last Saturday for the Farmers' Market. He
urged everyone to come between 7.30 a.m. and 12:30 p.m. to enjoy the festivities and the
wonderful produce that's still available. He noted that there will be a Halloween costume
contest every hour this Saturday.
Xl. WARRANTS
Trustee Gomberg presented the Warrant Register for October 11, 2010 in the amount of
$763,991.28. He moved to accept the Warrants, seconded by Trustee Toth. Motion passed:
6 ayes, 6 nays.
Tr. DiMaria a ye Tr. Gomberg pA,e Tr. Grear afire
Tr. Marcus acre Tr. Thill afire Tr. Toth ave
Xil. RESIDENTS' COMMENTS
a. Rudy Firenzik, 7628 Lake Street, presented the Mayor and Village Administrator petitions he
had gathered, from residents in his neighborhood regarding the sanitary sewer back -up issue.
He also wanted to comment on remarks that had been made by Mr. DeMonte at a previous
meeting about not seeing eye - to-eye with him. He said that he deals with facts, and he did not
feel that Mr. DeMonte presented him with any facts. Mr. Firenzik said he was shocked to learn
from his neighbors that this problem has existed for the past 40 years, in the Lake & Washing-
ton area all the way to Harlem. He said that the Village can't solve problems by "sweeping
them under the rug." He said that he would collect more signatures, if necessary, for the
Village to take some action to resolve this. He asked the Board to "do it for the residents,
not just one family."
b. Ellie Davis, a resident of major Avenue, said that she is a regular user of the Public Library.
She's very grateful for it and spends a lot of time there. She said her comments had to do
with good ecology— recycling, in this case —and good learning environments for children,
teens, and adults. Ms. Davis noted that two good buildings are in the area of Lincoln and
Georgiana: the current Library and St. Martha's grade school building. She felt that it would be
wasteful not to take advantage of the space each offers. She felt they both deserved to be
"well used" for the purposes for which they were designed. She noted that the current library is
crowded for young children. The school building, however, was built for educating children,
plus it provides work space for staff and volunteers. Kids can walk to their library, or ride a
bike there. If the children's "campus" was at St. Martha's, teens could have their own "young
adult" section on the lower level of the Library. Adults could use the first and second floors.
"Three" libraries appropriate to the learning styles of each age group! Ms. Davis suggested
that the Library Board look at renting St. Martha's School for a "children's public library ". Such
an arrangement would save Village residents millions of dollars. She asked the assemblage
to think about their own learning experiences growing up. Did they remember the buildings
they learned in, or the teachers who taught them? Librarians who are well - trained, fairly com-
pensated, and affirmed in their work by their director are those that make a library alive and
welcoming. Ms. Davis said, "buildings mean very little in the long run," pointing out that what
matters is that the learner is in a warm and welcoming environment with excellent materials
available to them. Money spent there is money well spent.
A
X11. RESIDENTS' COMMENTS (continued)
c. Laura Frisch. Ms. Frisch said that she, too, loves the Library and visits there every few days.
She is an educator and understands how the library is used. She said that this is the first she's
heard of using St. Martha's as a children's library and thought it was not a bad idea. She
pointed out that the Library already rents parking spaces from St. Martha's, so she didn't know
if there would be much savings to pay rent to use the school, too. However, she said, that
doesn't address the issue. Ms. Frisch said that, in the years to come, millions of dollars would
need to be spent to keep the library building accessible to everyone who will need it in the
years to come. Her main concern about having a separate children's library is that she has a
9 -year old who likes to use every facet bf the library, renting DVDs and CDs both upstairs and
downstairs. She also said that, in the cold of winter, she wouldn't want to trek back and forth to
a separate building.
d, Marie Albers of Davis Street. Mr. Albers said he received an email last week from someone
who's concerned about the library. The email encouraged him to attend tonight's Village
Board meeting and to tell the Board that certain TIF District land would be the only place
suitable upon which to build a new Library. He said he was not going to do that, and was
curious about who paid for the research that came to that conclusion. The email also
encouraged him to tell the Board that all of his friends and neighbors felt the same way. He
said he wasn't going to do that, either. Mr. Albers said he replied to the email and was advised
that the Library Board and administration had already determined that a new library is neces-
sary, and that maintaining the current "decrepit facility" is a huge money drain. Mr. Albers said
he visited the library today and didn't feel it was at all "decrepit ". The email said "a new library
will be built ", which sounded as if it was "cast in stone." He wondered if there had been a
public forum or a referendum on this, and if taxpayer's money was going to be used for this
project. He noted, for those who have issues with the existing library, that there is "reciprocity"
so that a resident can also use the Niles or Skokie libraries, should they wish to do so.
Mr. Albers wondered if it was absolutely necessary to have a new library at a time when
foreclosures in the Village are running so high. He said the unemployed, under - employed,
and those on a fixed income cannot afford this. Mr. Albers noted that the library director does
not live in Morton Grove; therefore, his taxes would not be affected by this.
e. Samina Hussain, 9403 Nashville, Ms. Hussain said that she had received the exact same
email as Mr. Albers. She decided to attend the Board Meeting tonight thinking that there would
be some sort of presentation by the library or information given on this issue. She said she
understood some of the needs�of the library, but would like to hear the "pros and cons ". She
asked if anyone representing the library could clarify what's going on.
Mayor Staackmann said the Village Board had no jurisdiction on this issue. By law, the Village
is required to levy the Library's taxes, that's all. It does not make decisions relative to the
Library. There was no Library presentation on tonight's Village Board Agenda, The Board
does not take a position on this.
Ms. Hussain said she felt let down, because she thought a presentation was going to be made
to the Board.
f. Pat Kansoer. Mr. Kansoer said that he also received that email. It was forwarded to him;
he didn't know the original sender. He, too, was confused by the directive to attend tonight's
Board Meeting. He said that, as a former Library Board member, he was aware of the
Library's needs and the building's shortcomings.
45
MI.
RESIDENTS' COMMENTS (continued)
Mr. Kansoer said he voted to use tax money to upgrade the library facility, but now he's
hearing that the library is "run down ". He wasn't aware if money was still being spent to
maintain or upgrade the building.
Mr. Kansoer said that, under other circumstances, he could agree that it would be good to
consider a new library building, although he didn't think the site being discussed was
necessarily the best place to build it. He said he would not be happy with any government
entity asking him to pay $4,000 per person in taxes for a new library. He said that his bank
had informed hirn already that his house payr-rieny was going up $300 because of taxes. He
said that it would make more sense to ask the residents if they want it. He complimented
Ms. Davis on her "original thinking" and encouraged her to get involved. Mr. Kansoer said it
would be
It to have a new library facility in the future, but the fact is people cannot afford
any more tax liability right now.
9 Laura Frisch spoke again. She felt Mr. Kansoer's claim that a new facility would cost °$4,000
per person" was erroneous. On a $380,000 house, the tax would be $2,000 over 20 years.
Other issues brought up "tonight should really be brought up at a Library Board meeting.
However, the Village Board does have control over the site that the library wishes to build on.
She encouraged everyone to take a "behind- the - scenes" tour of the library, and pointed out
some of the flaws she was aware of. She said she would be willing to pay the taxes because
she wanted Morton Grove to have this library because "it needs to be." She wanted a nice
library for her children and an "accessible" library for her neighbors. She felt Morton Grove
deserved a nice library, and that going to the Skokie or Niles libraries was "not acceptable ".
She felt the Village could get out of this recession by building, noting that President Obama's
programs are building 300 infrastructure projects. The government actually ended up getting
367 projects because building and construction costs are so low right now. That's why this is
the time to build. She said that many of her friends wanted to be here tonight but they have
young families so they couldn't be here.
h. Paul Beret. Mr. Berg is a 34 -year resident of the Village and lives on School Street near the
library. He wanted to reinforce something Ms. Davis had said. He said he grew up in Chicago
with an antiquated, small school and crowded library building —but his teachers were fantastic.
He now has degrees from Loyola and Northwestern Universities. It has nothing to do with
buildings, it has to do with the teachers. He did not feel that now was the right time to build a
new library.
XIII.
ADJOURNMENT/EXECUTIVE SESSION
Trustee Marcus moved to adjourn the meeting. Trustee Thili seconded the motion.
Motion passed unanimously via voice vote. The meeting adjourned at 7:49 p.m.
7
PASSED this 25th day of October, 2010,
Trustee
DiMaria
Trustee
Gomberg
Trustee
Grear
Trustee
Marcus
Trustee
Thiil
Trustee
Toth
APPROVED by me this 25th day of October, 2010.
Daniel J. Staackmann, Village President
Board of Trustees, Morton Grove, Illinois
APPROVED and FILED in my office this 26th day of October, 2010,
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove, Cook County, Illinois
Minutes by Teresa Cousar
8
MINUTES OF THE OCTOBER 1.1, 2010, SPECIAL MEETING
OF THE BOARD OF TRUSTEES
RICHARD T. FLICKINGER MUNICIPAL CENTER
6101 CAPULINA AVENUE
MORTON GROVE, ILLINOIS 60053
Pursuant to proper notice in accordance with the Open Meetings Act, the special meeting was
called to order at 6:00 pm by Village President Daniel J, Staackmann who led the assemblaue in
the pledge of allegiance. In attendance were:
Elected Officials: Mayor Daniel J. Staackmann, and Trustees Dan DiMaria,. Larry
Gomberg, William Great, Sheldon Marcus, John Thill, Maria Toth
and Village Clerk Tony Kalogerakos
Absent None
Village Staff: Village Administrator Joseph F. Wade, Corporation Counsel
Teresa Hoffman. Liston, Finance Director Ryan Horne, and
Community and Economic Development Director John D. Said
Also Present: None
Mayor Staackmann stated the purpose of the meeting was to review Executive Session minutes,
discuss pending litigation, personnel issues, and the sale of Village owned real estate property,
all of which are appropriate for Executive Session.
Trustee Thill then moved to adjourn to Executive Session to review Executive Session minutes,
discuss pending litigation, personnel issues, and the sale of Village owned real estate property.
The motion was seconded by Trustee Marcus and approved unanimously pursuant to a roll call
vote at 6:03 pm.
At the conclusion of the Executive Session, Trustee DiMaria moved to adjourn the Special
Meeting. The motion was seconded by Trustee Marcus and approved unanimously pursuant to a
roll call vote at 6:49 pm.
Minutes by: Tony S. Kalogerakos, Village Clerk
Special meeting minutes. 10 -11 -f0
7('110
Reminders:
Parents:
Everyone wants to have a safe and happy Halloween for themselves their guests and
their children. Using safety tips and some common sense can help you make the most of
your Halloween, keeping it as enjoyable for your kids as it is for you! A study conducted
by the Centers for Disease Control and Prevention (CDC) showed that during 197x- 1996,
the number of deaths among young pedestrians was four times higher on Halloween
eveni.n when compared with the same time period during all other evenings of the year.
Please check local state or county websites for see: offenders. Teach your kids about not
getting into strangers cars or talking to strangers, no matter what the person says to them.
Know the route your kids will be taking if you aren't going with them. Make sure you set
a curfew and your child has a pre- programmed cell phone number to call for help. Serve
your kids a filling meal before trick or treating and they won't be. as tempted to eat a lot of
candy before they bring it home for you to check. Children and adults tend to be
preoccupied and may not pay as much attention to safety as they should, .. drive
defensively l
Teens:
Make sure that your parents know where you are going and who you are going with.
Vandalism is never cool! Throwing eggs or shaving cream at cars and houses is a crime.
Halloween poses special risks to young pedestrians; pay attention to your surroundings.
Report suspicious activity.
Kids:
Never, ever go into a stranger's house:
Be careful when you cross a street;
Costumes should be bright., non - restrictive and have reflective material;
It is recommended that parents and children carry a flashlight;
Masks should allow for good vision;
Parents should travel with children R inspect all candy before it is eaten.
Dial 911 to .,,report any suspicious activities,
G j
THE VILLAGE, BOARD OF TRUSTEES OF THE
VILLAGE OF MORTON GROVE WILL HOLD
SPECIAL MEETINGS
AT 6:00 PM ON TUESDAY, OCTOBER 26, 201 0,
AND WEDNESDAY, OCTOBER 27, 20 10
AT T14x
RICHARD T. FLIC;KINGEP� MUNICIPAL CENTER
TRUSTEES" C'ONFERENC'E ROOM
6101 CAPULINA .AVENUE
MORTON GROVE, ILLINOIS
1. Fall to Order
I. Pledge of Allegiance
III. Poll Call
IV. Discussion of 2011 Proposed. Budget
V. Follow up Discussion
VI. Adjournment
VII, Executive Session — personnel matters, labor negotiations, pending
litigation, and real estate
C.T�ter
J.e1: (447) 965-4100 47' w' )55-4162
i nt rod u ced
Synopsis:
Purpose:
Background
Depts Affected:
Fiscal Impact:
Source of Funds:
Workload impact:
Admin Recomend:
Second Reading:
Special Consider
or Requirements:
L,eoislative Sumnian,
Ordinance 14 -19
AUTHORIZING AN ECONOMIC INCENTIVE AND
TAB; INCREMENT ALLOCATION FINANCING DEVELOPMENT AGREEMENT
BY AND BETWEEN THE VILLAGE OF MORTON GROVE, ILLINOIS
AND HOMESTEAD OF MORTON GROVE, LLC
October 25, 2010
This resolution will approve a Tax Increment Allocation Financing Development Agreement between the Village and
Homestead of Morton Grove, LLC for a senior housing development.
The. Redevelopment Agreement will fulfill some of the essential goals of the Lehigh /Ferris TIF District including the
redevelopment of a particularly difficult site within the District, the creation of senior housing as well as affordable
senior housing within the TIF District, and to redevelop unsightly and obsolete buildings within the Lehigh /Ferris TIF
District.
The Lehigh /Ferris TIF District was created in 2000. Some of the troals of the TIF District were to redevelop the area
by replacing blighted and obsolete buildings, create senior housing opportunities, and to create affordable housing
opportunities. Essex Corporation has entered into a 99 -year lease for property commonly known as 6408 -6422
Lincoln Avenue, 8551 Lincoln Avenue, and 8605 -8617 Lincoln Avenue and has formed a corporation; known as
Homestead of Morton Grove, LLC (the "Developer ") to construct and operate a senior independent living facility on
this property. The Deveioper proposes to develop this property, and an approximate quarter acre parcel of land owned
by the Village by building a five -story senior housing facility which would include 82 rental units, 18 of which would
be affordable to household incomes of less than $30,000 per year. The Developer has made an application for Tax
Increment Financing Assistance, and has stated that without assistance from the Village, the Development was not
economically feasible. The TIF application was reviewed by Village staff with the assistance of special counsel and
TIF consultants. On or about August 30, 2010, the Village Board adopted Resolution 10 -65 which authorized staff to
negotiate an Economic Incentive and Tax Increment Allocation Financing Development Agreement. On or about
September 13, 2010, the Corporate Authorities adopted Resolution 10 -67 which authorized the execution of a term
sheet for this Redevelopment Agreement. The Redevelopment Agreement to be approved pursuant to this Ordinance
is consistent with that term sheet, as further negotiated with input from the Illinois Housing Development Authority
(IDHA). Under the terms of this Redevelopment Agreement, the Village will lend the developer up to $1.7 million to
be repaid upon sale of refinancing of the project, (such amount may be reduced depending on certain true -up factors),
will provide the developer $1.1 million in reimbursement of property taxes generated by the development during the
fife of the Lehigh /Ferris TIF District, and will convey 'ia acre parcel of Village owned property to the owner ofthe
development site. The Village's investment in this project will bring significant public benefits including:
I . Approximately two hundred fifteen thousand dollars ($215,000) per year in annual taxes;
2. A fifty (50) plus year old unsightly industrial area will be replaced with a new and more aesthetic building with
attractive landscaping;
3. The Development will provide a needed service to existing Morton Grove seniors which includes market rate
senior rental homes at a price within the budget of many Morton Grove seniors;
4. Twenty -two percent (22 %) of the units will be set aside for seniors with annual income of thirty thousand
dollars ($30,000) or less;
5. The Development will create an estimated eighty (80) temporary construction jobs;
6. The Development will create two direct permanent jobs;
7. The Development will create sixty one point two (61.2) indirect or spin - offjobs (60 from construction and I.?
from permanent staffing).
Community and Economic Development, Legal. and Finance. Departments
The Village's contribution to this project will come fro incremental property taxes generated by the Development
and from other properties in the TIF D m District. The Village's General Fund will not be impacted by this Agreement.
Incremental property taxes generated by the development and other properties in the TIF District,
The Redevelopment Agreement will be implemented by staff as part of their normal duties.
Approval as presented.
Staff is respectfully requesting a waiver of the second reading for this ordinance so a submittal to the IDHA can be
achieved on October 26, 2010.
Approval of the Redevelopment Agreement does not constitute a waiver
necessary permits and zonin_;_ approvals for the developmenuf
Respectfully submitted:f 1, Prepared by:
Jose 17, ade, Village Administrator Teresa Igo
Reviewed by:
John D. Said, Coney and Economic Deveiopnncnt Director
eloper's requirement to obtain all
Liston, Corporation Counsel
ORDINANCE 1049
AUTHORIZING AN ECONOMIC INCENTIVE
AND TAX INCREMENT ALLOCATION FINANCING DEVELOPMENT AGREEMENT
BY AND BETWEEN THE VILLAGE OF MORTON GROVE AND HOMESTEAD OF
MORTON GROVE, LLC
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of
Illinois, can exercise any power and perform any function pertaining to its government affairs,
including but not limited to the power to tax and incur debt; and
WHEREAS, the Village has the authority pursuant to the laws of the State of Illinois to
promote the health, safety, and welfare of the Village and its residents, to prevent the spread of blight,
to encourage private development in order to enhance the local tax base, to increase employment, and
to enter into contractual agreements with developers and redevelopers for the purpose of achieving
such objectives; and
WHEREAS, the Village is authorized under the provisions of Article VII, Section 10 of the
State of Illinois Constitution, 1970, to contract and otherwise associate with individuals. associations,
and corporations in any manner not prohibited by law; and
WHEREAS, the Village is authorized under the provisions of Article VIII of the State of
Illinois Constitution, 1970, to use public funds for public . purposes; and
WHEREAS, the Village is authorized under the provisions of the Tax Increment Allocation
Redevelopment Act, as amended, 65 ILCS 5/11- 74.4 -1 etsecl. ("Act"), to finance redevelopment
projects in accordance with and pursuant to the Act; and
WHEREAS, On January 24, 2000, the Village, pursuant to and in accordance with the Act,
adopted (1) Ordinance No. 00 -01 approving a Tax Increment Redevelopment Plan and a Tax Increment
Redevelopment Project, (ii) Ordinance No. 00 -02 designating a Tax Increment Redevelopment Project
Area, and (iii) Ordinance No. 00 -03 adopting Tax Increment Allocation Financing (collectively, "TIF
Ordinances "), which established the Lehigh Ferris Tax Increment Finance Redevelopment Project
Area ( "TIF District "); and
WHEREAS, Essex Corporation has entered into a 99 -year land ease for property commonly
known as 6406 through 8617 Lincoln Avenue, generally located at 01d Lincoln Avenue and Lehigh
Avenue, a site approximately 63,540 square feet in the Lehigh Ferris TIF ( "Developer Property ") and
has formed a corporation known as Homestead of Morton Grove, LLC (the "Developer ") to construct
and operate a senior independent living facility on this property; and
WHEREAS, the Village is the owner of certain real estate commonly known as 6406 Lincoln
Avenue ( "Village Proper 0)"). The Developer's Property and the Village's Property are hereinafter
collectively referred to as the Property "; and
WHEREAS, the Developer has proposed to develop, operate and maintain the Property as a
five -story senior- living development project ( "the Development "); and
WHEREAS.. the Developer has represented to the Village, without the financial contribution
from the Village provided for herein, the Development is not economically feasible and the Developer
would not undertake the Development.
WHEREAS, the Developer has submitted a proposal to the Village for an Economic Incentive
and Tax Increment Allocation Financing Development Agreement, also known as "the Redevelohrnent
Agreement ", or "the RDA "; and
WHEREAS, the proposal has been reviewed by the Village staff, as well as S.B. Friedman and
Company and Paul Keller of the law firm of Ancel, Glink, Diamond, Bush DeCianni and Krafthefer.
P.C., and as a result, the parties have negotiated a Redevelopment Agreement, and
WHEREAS, pursuant to the terms of the Redevelopment Agreement, the Village will initially
Lease its property to the Developer or its designee, until such time as the construction of the
Development has been complete, and the building is operational and substantially leased out:, and
WHEREAS, the Village will loan the Developer no more than one million seven hundred
thousand dollars ($1,700,000), to be repaid upon sale of refinancing of the development and such loan
amount may be reduced depending on certain true -up factors, and the Village will reimburse the
Developer for up to one million one hundred thousand dollars ($1,100,000) of new tax increment real
estate taxes generated by the Development during the life the Lehigh/Ferris TIF District. In return, the
Developer will agree to build a not -to- exceed five -story senior living facility pursuant to plans
approved by the Building Commissioner, and to operate the facility as market rate housing for
approximately 64 units and affordable housing for approximately 18 units; and
WHEREAS, the Village will benefit from the RDA with the following public benefits:
1. Approximately two hundred fifteen thousand dollars ($215,000) per year in annual
taxes;
2. A fifty (50) plus year old unsightly automotive and industrial area will be replaced with
a new more aesthetic building with improved landscaping;
�. The Development will provide a needed service to existing Morton Grove seniors
which includes market rate senior rental homes at a price within the budget of many
Morton Grove seniors;
4. Twenty -two percent (22 %) of the units will be set aside for seniors with annual income
of thirty thousand dollars ($30,000) or less;
5. The Development will create an estimated eighty (80) temporary construction jobs;
6. The Development will create two (2) direct permanent jobs;
7. The Development will create sixty -one point two (61.2) indirect or spin- off,jobs (60
from construction and 1.2 from permanent staffing;
WHEREAS, the Village has complied with all notice procedures with respect to entering into
this Redevelopment Agreement, and
WHEREAS, pursuant to Resolution 10 -67 adopted by the Village Board on September 13,
2010, and pursuant to 65 ILCS 5/111-74.4-4 (c) the Village made public disclosure of its intent to
accept the proposal of the Developer to acquire the Village property on terms set forth in the
Redevelopment Agreement, and of the intention of the Village to convey the Village's property to the
Developer on those terms. Resolution 1.0 -67 allowed persons to submit alternative bids in writing to
the Village Administrator. To date, no such alternative proposals have been received by the Village
Administrator; and
WHEREAS, the Development of the property is an important project which meets the overall
objectives of the Lehigh /Ferris Tax Increment Financing District, thereby implementing and bringing
to completion a significant portion of the Tax Increment Financing Flan and Project; and
WHEREAS, the Village desires to have the Property developed to clear the blighted factors and
characteristics of the Lehigh /Ferris TIF, to promote the health, safety, and welfare of the Villacye and
its residents, to prevent the spread of those blighting conditions and characteristics in the Lehigh /Perris
TIF, encourage further private investment and development, enhance the Village's tax base, increase
employment opportunities for Village residents, and enhance the future tax revenues for those
overlying taxing bodies who levy against the property and within the Lehigh /Ferris TIF District, and
for those reasons believe it is in the best interest of the Village to enter into an Economic Incentive and
Tax Increment Allocation Financing Development Agreement,
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 making the findings as hereinabove set
forth.
SECTION 2: The Village President is hereby authorized to execute and the Village Clerk to
attest to the Redevelopment Agreement between the Village of Morton Grove and Nornestead of
Morton Grove, LLC or its designee in substantial conformity to the Agreement attached hereto as
Exhibit "A" after all exhibits have been verified by Village staff and special counsel and have been
attached to the Agreement.
SECTION 3: The Village Administrator shall take all steps necessary to implement and
administer the Redevelopment Agreement and is authorized to execute all ]eases, loan agreements,
escrow agreements and instructions.
SECTION 4: This Ordinance shall be in full force and effect from and after its passage by a,
vote of at least three quarters ( -1/4) of the Corporate Authorities and approval in a. manner provided by
law.
PASSED THIS 25"" DAY OF OCTOBER 2010
Trustee DiMaria
Trustee Gomberg
Trustee Grear
Trustee Marcus
Trustee Thill
Trustee Toth
APPROVED BY ME THIS. 5t" DAY OF OCTOBER 2010
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my ofi ice
This 26"' DAY OF OCTOBER 2010
Tony S. Kalogerakos, Village Cleric
Village of Morton Grove
Cook County, Illinois
AFTER RECORDING
RETURN TO:
Paul N. Keller, Esq.
ANCEL, GLINK, DIAMOND, BUSH,
DICIANNI & KRAFTHEFER, P.C.
140 S. Dearborn Suite 600
Chicago IL 60603
2145521 -4
a• ;
I r-
W'
• # #•#
1116=1 T11
ALI
THIS ECONOMIC INCENTIVE AND TAX INCREMENT ALLOCATION FINANCING
DEVELOPMENT AGREEMENT ( "Agreement'), is dated the 25th day of October 2010, and is
by and between the VILLAGE OF MORTON GROVE an Illinois municipal corporation
(49 V/illage "), and HOMESTEAD OF MORTON GROVE LLC, an Illinois limited liability company
( "Owner'); (the Village and Owner may each be referred to as a "Party" and collectively referred
to as "Parties ").
IN CONSIDERATION OF the recitals and the mutual covenants and agreements set
forth in this Agreement, the Parties agree as follows:
sI I I NZISIM11
A. The Village has the authority, pursuant to the laws of the State of Illinois, to
promote the health, safety, and welfare of the Village and its residents, to prevent the spread of
blight, to encourage private development in order to enhance the local tax base, to increase
employment, and to enter into contractual agreements with developers and redevelopers for the
purpose of achieving such objectives.
B. The Village is authorized under the provisions of Art. VII, Section 10 of the State
of Illinois Constitution, 1970, to contract and otherwise associate with individuals, associations,
and corporations in any manner not prohibited by law.
C. The Village is authorized under the provisions of Art. VIII of the State of Illinois
Constitution, 1970, to use public funds for public purposes.
D. The Village is authorized under the provisions of the Tax increment Allocation
Redevelopment Act, as amended, 65 ILCS 5/11- 74.4 -1 et seq. ( "Act'), to finance
redevelopment projects in accordance with and pursuant to the Act.
E, On January 24, 2000, the Village, pursuant to and in accordance with the Act,
adopted (i) Ordinance No. 00 -01, approving a Tax Increment Redevelopment Plan and a Tax
Increment Redevelopment Project (together, the "T'lF Plan and Project'), (ii) Ordinance No.00-
02, designating a Tax Increment Redevelopment Project Area, and (iii) Ordinance No. 00 -03,
adopting Tax Increment Allocation Financing (collectively, 71F Ordinances "), which established
the Lehigh Ferris Tax Increment Finance Redevelopment Project Area ( "i7F District').
F. Essex Corporation ( "Essex') is the lessee of certain parcels of land in the Lehigh
Ferris TIF, commonly known as 6408 -6422 Lincoln Avenue, 8551 Lincoln Avenue, and 8605-
8617 Lincoln, respectively, which parcels are legally described in Exhibit A ( "Essex Property').
A principal of Essex is the managing member of Morton Grove Partners, LLC, the managing
member of Owner, and Owner and Essex will enter into an agreement for development of the
Essex Property,
G. The Village is the owner of certain real estate commonly known as 6406 Lincoln
Avenue, legally described in Exhibit F ( "Village Property"). The Village proposes to lease the
Village Property to Essex on terms set forth hereinafter. The Essex Property and Village
Property are hereinafter collectively referred to as the "Property".
2105521 -4 A -1
H. The Owner proposes to develop, operate and maintain the Property with a five
story senior living development project (the "Development') pursuant to and in accordance with
this Agreement, and the Village desires to financially assist the Owner, pursuant to and in
accordance with this Agreement and the Act, to facilitate the Development on the Property.
C. The Development on the Property is an important project to meet the overall
objectives of the TIF District, thereby implementing and bringing to completion a significant
portion of the TIF Plan and Project.
..I. The Village has complied with all notice procedures with respect to entering into
this Agreement.
K. The Village desires to have the Property developed in accordance with and
pursuant to this Agreement to clear the blighting factors and characteristics of the TIF District, to
promote the health, safety, and welfare of the Village and its residents, to prevent the spread of
those blighting conditions and characteristics in the TIF District, encourage further private
investment and development, enhance the Village's tax base, increase employment
opportunities for Village residents, and enhance the future tax revenues for those overlying
taxing bodies who levy against the Property, and within the TIF District.
L. The Owner has represented to the Village that, without the financial contribution
from the Village provided for herein, the Development is not economically feasible and the
Owner would not undertake the Development.
M. Essex sought funding from a variety of sources and was unable to obtain
conventional third party financing at market rates. Essex then pursued financing through the
Illinois Housing Development Authority ("/HDA "). The maximum funds available from IHDA
programs leave a gap in the financing structure. Review of the Development and conditions
that continue in the financing markets at this time indicates that the Development cannot obtain
or support private market -rate financing for this gap. The Village is providing TIF assistance to
fill this gap. A portion of this assistance is in the form of an Up Front Loan (defined herein).
Such Up Front Loan and the Pay As You Go Grant (defined herein) shall be paid to Owner or its
assignee, provided that such assignment is in a form reasonably acceptable to the Village and
provided further that the Village has received complete disclosure of every person, firm and
entity entitled to share in the profits of the Development, in accordance with Section 3.K hereof.
Ao Documents. The Parties agree to take such actions, including the execution
and delivery of such documents, instruments, petitions and certifications, as well as the
adoption of such ordinances and resolutions, and issuance of bonds, as may be necessary or
appropriate, frorn time to time, to carry out the terms, provisions and intent of this Agreement
and to aid and assist each other in carrying out such terms, provisions and intent.
B. :evocation or Amendment, The Village shall not revoke or amend the TIF
District's redevelopment project area plan, or the TIF Ordinances, if any such revocation or
amendment would prevent the Development. Notwithstanding anything to the contrary in this
Subsection 2.8., and provided that any revocation or amendment shall not prevent the
Development, the Village may make such revocations and amendments, from time to "time, in its
sole and absolute discretion. The Village shall give the Owner at least 90 days written notice of
2105521 -4 2
any revocations; however, amendments to the TiF Plan and Project shall not require written
notice to the Owner.
CM Governmental Approvals. The Parties shall cooperate fully with each other in
implementing the Development and in seeking and obtaining from any or all appropriate
governmental bodies (whether federal, state, county or local) any necessary permits,
entitlements and approvals, required or useful for the improvement of property and construction
of the Development in and on the Property, or for the provision of services to the Property,
including, without limitation, federal or state grants and assistance for public transportation,
roads and highways, water and sanitary sewage facilities and storm water drainage facilities.
Dt Villape Approvals. The Village shall issue all permits and approvals necessary
for Owner's development of the Development including, without limitation, preliminary plat,
building and other permits and certificates of occupancy, provided that Owner submits all
petitions and applications for such permits and approvals and pays all fees required under
applicable Village ordinances, standards, rules, and regulations. The Parties agree to execute
all documents and other instruments reasonably required by Owner's lender in connection with
the financing of the development and construction of the Development. The Village
understands that Owner wishes to complete the approval process for the IHDA funding of the
Development by December 16, 2010 or such other date as IHDA chooses (the "IHDA Closing ");
the Village will, if requested, provide Owner with a timeline for completion of all Village
permitting and approvals necessary to enable Owner to complete the funding by that date.
E. IHQA Ai2proval. The Owner has represented to the Village that IHDA has
committed certain funding to the Development, as shown in the Term Sheet, Exhibit O which is
hereby incorporated into and made a part of this Agreement The undertakings by the Village in
this Agreement are contingent upon IHDA providing such funding. Failure of IHDA to provide
such funding shall render this Agreement null and void.
A. Commencement and Completion of Construction. The terms of this
Agreement are binding on the Owner, Essex and any related entity having any involvement in
the Development. Where circumstances warrant, reference to Owner herein shall apply to
Essex or any related agent or assignee of Essex or the Owner. The Owner shall commence
construction of the Development not later than June 30, 2011. Failure to commence
construction shall constitute an event of default. Construction of all improvements shall be
completed, as certified by the Village Engineer, in accordance with the Owner's Construction
Schedule, attached hereto as Exhibit E and incorporated herein, but not later than September
30, 2012. Failure to complete construction substantially in accordance with the Construction
Schedule shall constitute an event of default.
E. Development, The exterior appearance of the Development shall substantially
comply with site plans prepared by JSSH Architects, inc., and approved by the Village Board,
depicting the Development, and which drawing is in Exhibit B; provided, however, that the
Development shall, at a minimum, be constructed, installed and operated in accordance with the
following;
L Consist of eighty -two (82) unit senior living facility with amenities as shown,
for independent living seniors who are 55 years of age and older.
2105521 -4 3
Not less than nineteen (19) of the residential units shall be reserved for
households earning 50% of Area Median Income ( "AMI ") as defined by
the US Department of Housing and Urban Development, IHDA, or
successor agency, i.e., less than $30,050 in 2010, assuming two person
household maximum.
Rents for the balance of the units (63) will be based on the market races,
as determined by the August, 2010, market study by VWB Research,
commissioned by Essex, adjusted annually by any increase in CPI -W.
iv. Development shall be in accordance with building and zoning plans
submitted to and approved by the Village.
V. The building shall not exceed five stories. The first story will include
a covered garage with 63 parking spaces for residents. A surface parking
lot on the east side of the building will include an additional 19 spaces for
residents and visitors. The remaining four stories will be reserved for
residential use.
vi. The proposed Project Budget shown in Exhibit C.
Notwithstanding anything to the contrary in this Subsection 3.8., the Owner shall construct and
install the Development on the Property in substantial compliance with the zoning, site plans,
architectural plans and elevations, engineering plans, and plats, as appropriate, submitted to
and approved by all necessary Village commissions, boards, and departments, and which
approved plans and plats shall, by this reference, become part of and incorporated into Exhibit
B. Further, the Owner shall at all times acquire, install, construct, operate and maintain the
Development in conformance with all applicable Village, state, and federal laws, ordinances,
rules, and regulations, including, without (imitation, all applicable zoning ordinances, building
codes, environmental codes, and fife safety codes of the Village. Owner specifically agrees to
comply with the Morton Grove Building Code requiring Type IIA construction as described in the
International Building Code, which requires one hour rated construction using noncombustible
materials for the building elements.
c. Construction Permits.. No construction, improvement, or development of any
kind shall be permitted on any portion of the Property unless and until the Owner has received
approval from all necessary Village departments, and has been issued valid and binding
building permits. Further, no business operation or occupancy of the Development may occur
prior to the issuance of a valid and binding certificate of occupancy.
Dw Fees and Expenses. The Owner shall pay all normal fees to the Village for the
Development, including permit, inspection review and tap -on fees, as provided by ordinance.
I
Casts: Quarteriv Accountin
The Owner shall, from time to time, submit to the Community Development Director, Certificates
of Reimbursable Project Costs, in the form of Exhibit B, certifying costs incurred in connection
with the construction of the Development, and reimbursable under the TIF Act; provided,
however, that the Owner shall only be eligible for reimbursement of those costs for the
Development as specifically set forth in Subsection 4.8.; provided, further, that any submitted
Certificates of Reimbursable Project Costs shall be accompanied by quarterly accounting and
financial statement, as prepared by the Owner's accountant. Such accounting and financial
2105521 -4 4
statement shall be prepared in accordance with the "accrual accounting method" as established
by the most current United States Generally Accepted Accounting Principles. Certification shall
be accompanied by reports of inspecting architects engaged by IHDA or other funders of the
Development, or other reasonable independent documentation of the completion of
improvements for which reimbursement is sought.
F. Progress (Vleetingta. The Owner shall meet on at least a quarterly basis with the
Community and Economic Development Director, or his designee, and other Village staff as
appropriate, to provide a comprehensive progress report on the Development. The Owner shall
ensure that adequate information is provided, including, without limitation, financial reports,
engineering analyses, architectural analyses, as well as appropriate Development team
personnel, at any such progress meeting as may be requested by the Community and
Economic Development Director, or as may be appropriate to provide an accurate progress
report.
G• Open Book Prodliect, The Development shall be an "open book" project, and the
Owner and general contractor(s) will ensure for continuing and regular access, at all times
during the construction, by the Community and Economic Development Director, or his
designee, for the purpose of reviewing and auditing their respective books and records relating
to any item necessary to determine the costs of the Development. The foregoing Village review
and audit rights with respect to the Project shall terminate one (1) year after the last certificate of
occupancy has been issued for any portion of the Development. Any audit required by the
Village will be at the expense of the Village.
FP. Insurance. Prior to issuance of any building permit, Owner (or Owner's
contractor) shall deliver to the Village, at Owner's cost and expense, insurance required to be
carried by Owner pursuant to Section 5 of this Agreement.
Is Guarantee. Prior to issuance of any building permit, Owner (or Owner's
contractor) shall deliver to the Village, at Owner's cost and expense, security, in the form of a
letter(s) of credit or surety bond(s) reasonably satisfactory to the Village, for payment and
completion of the Development and for all public improvements constructed by the Owner.
J. 22rn2iian2e wits Laws. Owner agrees to comply with all applicable laws, rules
and regulations of any Federal, State or local entity or agency, including the Illinois Prevailing
Wage Act.
. Disclosures. Not less than ten days prior to the Closing referred to in Section
4.B., Owner shall furnish the Village with a statement disclosing the identity of all persons
holding an ownership interest in the Owner and the percentage of such interest, said disclosure
to be in a form reasonably satisfactory to the Village. Simultaneously, Owner shall furnish the
Village with a description of all pending or threatened litigation or administrative proceedings
involving the Owner or any person holding an ownership interest in the Owner; specifying in
each case, the amount of such claim, an estimate of probable liability, the amount of any
reserves taken in connection therewith and to what extent such potential liability is covered by
insurance.
L. Recove[y of TIF Funks. Subject to the provisions of Section 7.M., in the event
the Development ceases to operate for a period of at least ninety (90) days, or Owner declares
bankruptcy, or of a default under any other provision of this Agreement, the Owner shall be
immediately indebted to the Village for all TIF funds received from the Village and shall
2105521 -4
reimburse such funds within thirty (30) days of a demand therefor by the Village. Owner
stipulates that such indebtedness is a debt owed to a governmental agency and shall have
priority in any bankruptcy proceeding. Owner further agrees that the Village shall have a lien on
the Property for the total amount of TIF funds paid by the Village. At the request of the Village,
from time to time, Essex, as lessee of the Essex Property shall execute a note and mortgage
on the Essex Property in favor of the Village for such TIF funds, which mortgage shall be
subordinate to any mortgage related to any construction loan secured by the Owner for the
Development which may be enforced in accordance with the foreclosure laws of the State of
Illinois. The Village shall have all other remedies for default as provided in Section 6 hereof.
tUf. True URt The Parties acknowledge that
Development. They further acknowledge that final pricing of
or "bond funding "), HOME investment Partnership Program (
granted pursuant to Section 1602 of the American Recover
( "1602 "), and tax credits has not yet occurred. Upon final
following adjustments will be made:
IHDA financing is essential to
tax - exempt IHDA bonds ( "bonds"
"HOME ") funds from IHDA, funds
y and Reinvestment Act of 2009
pricing of financing sources, the
Tax Exempt Bond Funds and Tax Credit Equity. Depending on final interest rate,
debt service coverage ratios, and other factors, bond financing of up to Fifteen
Million Dollars ($15,000,000) may be available. Final pricing of tax credit equity
may increase the amount of funds generated by low income housing credits.
Subject to IHDA approval, any increase in the collective amount of bond funding,
1602 funds and HOME funds over the amount stated in the Term Sheet and any
increase in tax credits equity above the amount of $1.463 million shall be
allocated between the Village TIF assistance and the Owner 50!50 until the
Owner has reduced the deferred development fee to 50 %, and thereafter 100%
shall be allocated to the Village to reduce the principal amount of the Up Front
Loan
SUBJECT SECTION 4. APPROVAL, I A OBLIGATIONS,
As Ern Front Loam. In order to facilitate the Development, the Village agrees to pay
Owner's Certified Reimbursable Project Costs, not to exceed the total amount of Two Million
Eight Hundred Thousand Dollars ($2,600,000.00). The sum of not to exceed One Million Seven
Hundred Thousand Dollars ($1,700,000.00) (the "yip Front Loan ") from the Lehigh Ferris
Special Tax Allocation Fund shall be deposited into an escrow account to be established by the
Parties with Chicago Title Insurance Co. or such other agency as the Parties may agree. The
escrow agreement shall provide that funds may be paid to Owner or Owner's assignee as
provided in Section 1.M above upon notice by the Village Administrator that Owner has incurred
Certified Reimbursable Project Costs, in the amount to be paid. The Up Front Loan shall
constitute a loan of TIF funds to Owner carrying an interest rate of one percent identical to the
rate applicable to the HOME funds loan from IHDA; as noted in the Term Sheet approved by the
Village in Resolution 10 -67, which Term Sheet is incorporated herein and made binding on the
Parties, as applicable, as though fully set forth. Owner shall repay interest only on the Up Front
Loan beginning on January 1, 2014, or such other date as the Parties may agree, in accordance
with the terms of repayment applicable to the HOME funds. Upon the sale or refinancing of the
Development, however, Owner shall pay principal and interest. Repayment of the Up Front
Loan shall be credited to the Lehigh Ferris Special Tax Allocation Fund or declared as surplus.
130 Developer dote. At closing, the Village shall issue its !'dote to the Owner (the
"Devefoper doge ") in the principal amount of not to exceed One Million One Hundred Thousand
2105521 -4 6
Dollars ($1,100,000.00) carrying an interest rate of 7.5 %, The funds payable thereunder shall
be known as the "Pay As You Go Grant." The Developer Note shall be payable solely from
ninety -five percent (95 %) of funds generated solely by the Development and deposited into the
Lehigh Ferris Special Tax Allocation Fund, for Owner's Certified Reimbursable Project Costs.
The obligations of the Village set forth in this Subsection 4.8, are payable solely from the TIF
funds specified and are not a general obligation of the Village. The Village understands that
Owner intends to monetize the Developer Note and that the proceeds shall be loaned to the
Project in such a manner as to maximize tax credit basis and generation of tax credits.
C. Lease of Village Property. The Village agrees to execute a ground lease to
Owner for the Village Property fora term of ninety -nine (99) years from the date of the IHDA
Closing (or such lesser period as provided hereinafter), for the sum of one dollar ($1.00) per
annum paid by Owner in advance upon execution of the lease (the "Village Closing ") AS IS,
WiTH ALL FAULTS AND WITHOUT ANY WARRANTY CONCERNING ANY
ENVIRONMENTAL CONDITIONS OR SUITABILITY FOR ANY PURPOSE, and subject to the
terms of this Agreement. The Village Closing shall be scheduled at the convenience of the
Parties. Until completion of construction, the lease for the Village Property may not be
transferred, assigned, sublet, or otherwise conveyed without written consent of the Village.
Notwithstanding anything herein to the contrary, upon completion of the construction, the Village
will, upon request of Owner, execute such documents as may be necessary to authorize
conveyance of the Village Property to the owner of the fee interest in the Essex Property.
ilk
A. Liability Insurance Prior to Completion. Prior to issuance of building permits,
Owner (or Owner's contractor) shall procure and deliver to the Village, at Owner's (or such
contractor's) cost and expense, and shall maintain in full force and effect until each and every
obligation of Owner contained herein has been fully paid, or performed, a policy or policies of
comprehensive liability insurance and, during any period of construction, contractor's liability
insurance, and worker's compensation insurance, with liability coverage under the
comprehensive liability insurance to be not less than Two Million and no /100 Dollars
($2,000,000.00) each occurrence and Five Killion and no /100 Dollars ($5,000,000:00)
aggregate. All such policies shall be in such form and issued by such companies as shall be
acceptable to the Village to protect the Village and Owner against any liability incidental to the
use of or resulting from any claim for injury or damage occurring in or about the Development,
or the construction and improvement thereof by Owner, except to the extent arising from Village
(or its agents, employees and contractors) acts or omissions (in which case the Village shall
look solely to its own insurance). Each such policy shall name the Village as an additional
insured and shall contain an affirmative statement by the issuer that it will give written notice to
the Village at least thirty (30) days prior to any cancellation or amendment of its policy.
Alternatively, Owner, may satisfy its insurance obligations in this Section 5.A. by way of a
blanket policy or policies which includes other liabilities, properties and locations having a per
occurrence liability of Two Million and no /100 Dollars ($2,000,000.00) and a general policy
aggregate of at least Five Million and no /100 Dollars ($51000,000.00). Owner shall provide to
the Village a replacement certificate not less than 30 days prior to expiration of any policy.
B. Owner's Risk Prior to Corniri4etion. Prior to completion of the construction of
the Development, as certified by the Village, Owner shall keep in force at all times builders risk
insurance on a completed value basis, in non - reporting form, against all risks of physical loss,
including collapse, covering the total value of work performed and equipment, supplies and
materials furnished for the Development (including on -site stored materials), all as to work by
2105521 -4 7
Owner, Such insurance policies shall be issued by companies satisfactory to the Village. All
such policies shall contain a provision that the same will not be canceled or modified without
prior thirty -(30) day written notice to the Village.
O. 'Village Review. The Owner acknowledges and agrees that the Village is not,
and shall not be, in any way liable for any damages or injuries that may be sustained as the
result of the Village's review and approval of any plans or failure to review and approve any
plans for the Property or the Development, or the issuance of or failure to issue any approvals,
permits, certificates, or acceptances for the development or use of the Property or the
Development, and that the Village's review and approval of those plans and the Development
and issuance of those approvals, permits, certificates, or acceptances does not, and shall not, in
any way, be deemed to insure the Owner, or any of its heirs, successors, assigns, tenants
invitees, and licensees, or any other person, against damage or injury of any kind at any time.
D. Viliage Procedure, The Owner acknowledges and agrees that notices,
meetings, and hearings have been properly given and held by the Village with respect to the
approval of this Agreement and agrees not to challenge the Village's approval on the grounds of
any procedural infirmity or of any denial of any procedural right.
E. Indemnity, The Owner agrees to, and does hereby, hold harmless and
indemnify the Village, the Corporate Authorities, all Village commissions, boards, public bodies,
and all Village elected or appointed officials, officers, employees, agents, consultants, advisors,
representatives, engineers, and attorneys, from any and all claims that may be asserted at any
time against any of them arising out of any `Tillage action related to the development,
construction, maintenance, or use of any portion of the Property
F. Defense Expense. The Owner shall, and does hereby agree to, pay all
expenses, including without limitation legal fees and administrative expenses, incurred by the
Village in da ending itself with regard to any and all of the claims referenced in Section 5.E, of
this Agreement.
u
Failure on the part of either Party to comply with any material term, representation,
warranty, covenant, agreement, or condition of this Agreement within thirty (30) days after
written notice thereof shall constitute an event of default. No default of this Agreement may be
found to have occurred if performance has commenced to cure such default to the reasonable
satisfaction of the complaining Party within thirty (30) days of the receipt of such notice and the
Party alleged to be in default continues diligently to pursue such cure. In the event of default by
the Village in the performance of any of its obligations under this Agreement, Owner's sole
remedy shall be specific performance or termination of the Agreement. The Village shall not be
liable for consequential damages or lost profits. In the event of default by the Owner in the
performance of any of its obligations under this Agreement, the Village shall be entitled to
recover all monies paid to Owner and to recover title to any real estate deeded to Owner or
conveyed by operation of law, and the Village's obligation to make any additional payments to
Owner shall terminate.
.. s _ ,� In
Ab Notice. Any notice or communication required or permitted to be given under
this Agreement shall be in writing and shall be delivered (i) personally, (ii) by a reputable
2105521 -4 8
overnight courier, (iii) by certified mail, return receipt requested, and deposited in the U.S. Mail,
postage prepaid, (iv) by facsimile, or (v) by electronic internet mail ( "e- mail" ). Facsimile notices
shall be deemed valid only to the extent that they are (a) actually received by the individual to
whom addressed and (b) followed by delivery of actual notice in the manner described in either
(i), (ii), or (iii) above within three business days thereafter at the appropriate address set forth
below. E -mail notices shall be deemed valid only to the extent that they are (a) opened by the
recipient on a business day at the address set forth below, and (b) followed by delivery of actual
notice in the manner described in either (i), (ii), or (iii) above within three business days
thereafter at the appropriate address set forth below, Unless otherwise provided in this
Agreement, notices shall be deemed received after the first to occur of (a) the date of actual
receipt; or (b) the date that is one (1) business day after deposit with an overnight courier as
evidenced by a receipt of deposit; or (b) the date that is three (3) business days after deposit in
the U.S, mail, as evidenced by a return receipt. By notice complying with the requirements of
this Section 7.A., each party to this Agreement shall have the right to change the address or the
addressee, or both, for all future notices and communications to them, but no notice of a change
of addressee or address shall be effective until actually received.
Notices and communications to the Village shall be addressed to, and delivered at, the
following address:
The Village of Morton Grove
5101 Capulina Avenue
Morton Grove, IL 50053
ATTN: Village Administrator
With a copy to: Ancel Glink Diamond Bush DiCianni & Krafthefer
140 South Dearborn Street, 5th Floor
Chicago, IL 50503
ATTN: Paul N. Keller
Notices and communications to the Owner shall be addressed to, and delivered at, the
following address:
Essex Corporation
1 1605 Nicholas Street, Suite 100
Omaha NE 53154
ATTN: Kent Braasch
With a copy to: Wildman Harrold Allen & Dixon LLP
225 West Wacker Drive, 28th Floor
Chicago, IL 50505
ATTN: Mark Huddle
Be Time of the Essence. Time is of the essence in the performance of this
Agreement.
C. ffi2hts Cumulative.
Agreement, each and every one
Agreement shall be cumulative and
benefits allowed by law.
2105521 -n,
Unless expressly provided to the contrary in this
of the rights, remedies, and benefits provided by this
shall not be exclusive of any other rights, remedies, and
9
Do NanwWaiver. The Village shall be under no obligation to exercise any of the
rights granted to it in this Agreement. The failure of the Village to exercise at any time any right
granted to the Village shall not be deemed or construed to be a waiver of that right, nor shall the
failure void or affect the Village's right to enforce that right or any other right.
E. Governina Law, This Agreement shall be governed by, and enforced in
accordance with, the internal laws, of the State of Illinois.
P. Severabiiity. It is hereby expressed to be the intent of the Parties that should
any provision, covenant, agreement, or portion of this Agreement or its application to any
person or property be held invalid by a court of competent jurisdiction, the remaining provisions
of this Agreement and the validity, enforceability, and application to any person or property shall
not be impaired thereby, but the remaining provisions shall be interpreted, applied, and enforced
so as to achieve, as near as may be, the purpose and intent of this Agreement to the greatest
extent permitted by applicable law.
• Entire �greeent. This Agreement constitutes the entire agreement between
the Parties and supersedes any and all prior agreements and negotiations between the Parties,
whether written or oral, relating to the subject matter of this Agreement.
F#. interpretation. This Agreement shall be construed
of the Party who drafted the various provisions of this Agreement
provision of this Agreement shall be construed as though all
participated equally in the drafting of this Agreement. As a result
construction that a document is to be construed against the
applicable to this Agreement.
without regard to the identity
Moreover, each and every
Parties to this Agreement
of the foregoing, any rule or
drafting Party shall not be
0. Exhibits, Exhibits A through I attached to this Agreement are, by this reference,
incorporated in, and made a part of this Agreement. In the event of a conflict between an
exhibit and the text of this Agreement, the text of this Agreement shall control.
J. Amendments and Modifications. No amendment or modification to this
Agreement shall be effective until it is reduced to writing and approved and executed by all
parties to this Agreement in accordance with all applicable statutory procedures.
K. authority to Execute, The Village hereby warrants and represents to the
Owner that the persons executing this Agreement on its behalf have been properly authorized to
do so by the Corporate Authorities. The Owner hereby warrants and represents to the Village
(i) that it is has entered into an agreement with Essex for the Development on the Essex
Property and (ii) that no other person has any other contractual or security interest in the
Property, (iii) that it has the full and complete right, power, and authority to enter into this
Agreement and to agree to the terms, provisions, and conditions set forth in this Agreement and
to bind the Property as set forth in this Agreement, (iv) that all legal actions needed to authorize
the execution, delivery, and performance of this Agreement have been taken, and (v) that
neither the execution of this Agreement nor the performance of the obligations assumed by the
Owner will (a) result in a breach or default under any agreement to which the Owner is a party
or to which it or the Property is bound or (b) violate any statute, law, restriction, court order, or
agreement to which the Owner or the Property are subject.
21 05521 -4 10
L. No Third Partv Beneficiaries. No claim as a third party beneficiary under this
Agreement by any person shall be made, or be valid, against the Village or the Owner.
K For Maieure. Neither the Village nor the Owner nor any successor in interest
to either of them shall be considered in breach of or in default of its obligations under this
Agreement in the event of any delay caused by damage or destruction by fire or other casualty,
strike, shortage of material, unusually adverse weather conditions such as, by way of illustration
and not limitation, severe rain storms or below freezing temperatures of abnormal degree or for
an abnormal duration, tornadoes or cyclones, and other events or conditions beyond the
reasonable control of the party affected which in fact interferes with the ability of such party to
discharge its obligations hereunder. The individual or entity relying on this Section with respect
to any such delay shall, upon the occurrence of the event causing such delay, immediately give
written notice to the other parties to this Agreement. The individual or entity relying on this
Section with respect to any such delay may rely on this Section only to the extent of the actual
number of days of delay effected by any such events described above.
Ilk. Term of Agreement. The term of this Agreement shall commence on the date
that both Parties have executed it and terminate upon termination of the TIF district; provided
that the Owner's indemnification shall survive the termination of the Agreement.
O. Recordation, This Agreement shall be recorded in the Office of the Cook
Counter Recorder, and the Owner shall be responsible for the recordation costs.
P. Counter'narts, This Agreement may be executed in counterpart, each of which
shall constitute an original document, which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the Parties have thereto set their hands on the date first
above written.
ATTEST:
By:
Its: Tony S. Kalogerakos, Village Clerk
ATTEST:
By:
Its:
2105521 -4 11
VILLAGE OF MORTON GLOVE., an Illinois
municipal corporation
By:
Its: Daniel J, Staackmann, Village President
HOMESTEAD OF MORTON GROVE LLC an
Illinois limited liability company
By:
Its:
E X F-H &T' A
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A (CONTINUED)
ORDER NO.: 1410 008496555 KA
�. THE LAND REFERRED TO IN THIS COIVdIVIITMENT IS DESCRIBED AS FOLLOWS:
.THAT PART OF LOT 45 IN COOK COUNTY CLERK'S DIVISION OF THE EAST 1/2 OF THE NORTH
EAST QUARTER OF SECTION 19, AND THE WEST 1/2 OF THE NORTH WEST QUARTER OF SECTION
20, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST
OF THE RAILROAD (EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON
THE WEST LINE OF LOT 45, A DISTANCE 63.2£3 FEET NORTH OF THE SOUTH WEST CORNER
THEREOF FOR A PLACE BEGINNING; THENCE EAST AT RIGHT ANGLES TO THE WEST LINE OF
LOT 45 A DISTANCE OF 125 FEET; THENCE NORTH PARALLEL TO THE NEST LINE OF LOT 45 A
DISTANCE OF 45 FEET; THENCE WEST 125 FEET TO A POINT 45 FEET NORTH OF THE PLACE
OF BEGINNING IN THE WEST LINE OF LOT 45; THENCE SOUTH ALONG THE WEST LONE OF SAIF
LOT 45 A DISTANCE OF 45 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS,
COMLG®6 IZ 106DGC SS3
PAGE A2 DiN 04/09/10 14:04:46
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CATEGORY
IBUDGET
Preliminary Civil & Survey-
.Concept Architecture
Total Assemblage
Survey
Preliminary Plans
Appraisal
Planning & Conceptual
Additional Planning
TIF Consultant 1
TIF Consultant 2
Preliminary Legal
(market Study
Legal - Dev Agreement
DOT - Traffic Study
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Miscellaneous
Travel
Entertainment
Concept Civil Work
I
Environmental/Phase 1 I
Environmental /Phase 2
Soils
Concept Structural
CONTINGENCY 10%
TOTAL BUDGET
2105521 -4 C -1
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2105521 -4 D_1
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EXHIBIT G
TERM SHEET
$r'S. B. Friedman & Company
Real Estate Advisors and Development Consuhants
221 N. LaSalle St., Suite 820 • Chicago, Illinois 60601 -1302 * 312/424 -4250 • Fax: 312/424 -4262 • www. Fri edmanComm
September 10, 2010
Subject: Preliminary Terms, TIF Assistance, The Homestead of Morton Grove
To: Kate Crowley cc: Terri Liston
Joe Wade
John Said
From: Steve Friedman Jewell Walton
I have summarized below the major terms under discussion for the Homestead project
proposed by Essex Corporation per our teleconference on Friday and subsequent consideration
by the Village staff and consultant. It should be understood by all that the Village's review is
ongoing and given the complexity of the project, other matters may need to be addressed.
1. Project developer: Essex Corporation will be the Developer and will deliver a credit
worthy guarantee acceptable to the Village,
2. Owner: Homestead of Morton Grove, LLC an Illinois limited liability company (LLC)
whose managing member Is a principal of Essex Corporation
3. Site Conveyance: The Village will enter into a ground lease with Essex for $1.00 per
annum for 99 years. Said lease may not be transferred or assigned without Village consent.
Said lease shall be void and terminated if Essex does not close on full financing for the project
and commence construction by June 30, 2011, and complete the project by ...... or due to other
events of default which will be specified in the lease.
4. Zoning and Other Review of Plans: Village will process the zoning application in a
manner consistent with IHDA's requirements for approval prior to closing, currently targeted for
November 15. No assurance can be given at this time that the relevant commissions will
recommend the project nor that the Village Board will approve it. The ability to achieve such a
time frame is dependent on the receipt by September 10, 2010 of a complete application that
addresses all relevant Village issues, results in minimal review comments and questions, and
that the developer provides 'timely and acceptable responses. Developer shall comply with all
Village codes and ordinances.
In addition to these approvals, the Village Administrator or his designee shall have the right to
review and approve or disapprove the final building and site plans which shall become part of
any redevelopment agreement.
5. TiF Assistance: TiF shall be used as the last element of funding to provide gap
financing after all other sources have been committed. in no event shall TIF funding exceed the
2105521 -4 G -1
total of 95% the project's increment for the remaining life of the District (to 2024) plus no more
than $1,700,000 of out -of PiN increment from the balance of the TIF District. The out -of PIN
increment will be funded at project closing subject to reconciliation with eligible costs and
appropriate control of expenditure to comply with the TIF statutes. Upon the Village's request,
Essex will grant the Village a junior lien on the property. The loan would be due upon sale or
refinance and would carry an interest rate and other terms sufficient to qualify as debt for tax
credit purposes.
6. Calculation of TIF Amount: The following factors shall be used in determining the final
amount of assistance:
A Total project cost shall be $23,241,257. This number may be adjusted at closing.
Developer is aware of the requirements of the Morton Grove Building code requiring
Type IIA construction as described in the International Building Code (IBC) which requires
1 hour rated construction using noncombustible building materials for the building elements.
The developer is also aware that the project must comply with the "Illinois Prevailing Wage Act,
B. Any escalation in costs shall be the responsibility of other funders over and
above amounts currently committed to the project.
C Minimum funding from each of the following sources as follows (per sources and
uses of funds included in TIF application) and none of these sources may be reduced without
the consent of the Village:
HOME Funds from IHDA 11893,003
1602 Funds through IHDA 2,700,000
Tax Exempt Bond Funds 131440,000
Tax Credit Equity 988,225
Deferred Developer Fee 50%
*These numbers will be adjusted and fixed at Closing and incorporated into the RDA.
7. True -up: It is understood that final pricing of the bonds and tax credit equity has not yet
occurred. Upon final pricing of financing sources, the following adjustments will be made:
A. Tax Exempt Bond Funds. Depending on final interest rate, bond financing of up to
$15,000,000 may be available. The increase in bond funding, if any, shall be used dollar -for-
dollar to reduce the TIF Funds from the balance of the district.
B. Tax Credit Equity. Final pricing may increase the amount of funds generated by Low
Income Housing Tax Credits. Any increase in tax credits equity shall be allocated between the
Village TIF assistance and the Developer 50/50 until the Developer has reduced the deferred
development fee to 50% and thereafter 100% to the Village to reduce the TiF funds from the
balance of the District.
8. Guarantees and Controls: Subject to detailed review of the required guarantees and the
escrow agreement, the Village maybe willing to "piggyback" on required IHDA procedures and
guarantees so long as the Village's interests are protected (in the judgment of the Village and its
legal counsel), This could include::
2105521 -4 2
A. Funding Village Up -Front TIF into Escrow (subject to an escrow agreement that
ensures compliance with TIF law regarding TIF eligible expenses and reimbursement)
B. Full Funding /Funding In Balance at All Times
C, Completion and Lease -up Guarantees per IHDA Requirements, including
® Construction P &P Bond /LOC: Either P &P Bond equal to 100% of the
construction contract OR a LOC for a minimum 25% of the construction contract
will be required.
Working Capital LOC(WC /LOC;: Should equal 3% of construction contract.
Must be in place at closing and extend 12 months after Final Closing. The
WC /LOC provides additional security during construction and then is in place for
12- months after Final Closing to cover any latent defects and issues that come
up post - construction.
Terms for releasing LOCs: The Construction LOC or P &P Bond can be released
once all project construction and punch list items are completed.
W The WC /LOC will be relinquished one year after Final Closing,
Guarantor Requirements: A guaranty of completion and payment will need to be
signed by the loan guarantor, the managing member, and any additional
guarantors. Essex corporation the guarantor for this project.
9. Operating Covenants: Pending complete review, the Village will piggyback the 30 year
iHDA covenants on low income housing and the perpetual covenant in the lease with the prior
land owner requiring the site to be used for senior housing.
10. Back End Provisions: The Village is continuing to review the post -tax credit period
financial structure of the project and potential longer term returns to the Developer. This will
include review of refinance provisions of bond debt, etc. Additional terms and conditions may
be forthcoming as that review proceeds.
2105521 -4 3
Legislative Summa
Ordinance 10 -20
GRANTING A SPECIAL USE PERMIT FOR A SENIOR CITIZEN HOUSING DEN7ELWMENT PROJECT
LET THE VILLAGE OF MORTON GROVE
Introduced: October 25, 2010
Synopsis: I This ordinance will approve a special use permit to construct and operate a senior independent
living residential facility at 6406 through 8617 Lincoln Avenue, Morton Grove, Illinois.
Purpose: I The construction of a senior independent living facility is only allowable in the Village's
Municipal Code by special use permit.
Background: Homestead of Morton Grove, LLC located at 6400 Lincoln Avenue, Morton Grove. Illinois made
an application for a special use permit to construct and operate a senior independent living
residential facility at 6406 through 8617 Lincoln, Morton Grove, Illinois. Essex Corporation,
Which is a member of the LLC, holds a 99 -year lease for the development site. The applicant
seeks permission to construct and operate an 82 unit rental facility for senior independent living.
This is not to be confused with senior assisted living. The structure will contain four floors of
living area over a ground level parking lot far a total of five floors. The site will have eighteen
outdoor harking spaces and sixty-three indoor harking spaces. Eight units will be one bedroom
and seventy -four units will be two bedrooms. The units range in size from 800 square feet to
slightly over 1200 square feet. Five units will be accessible while 19 units will be adaptable for
accessibility. The Developer has given assurances 18 units will be leased at reduced rental rates
to be deemed affordable for households with income of less than 530,000. In accordance with the
provisions of the Morton Grove Unified Development Code, a public hearing was conducted on
October 18, 2010. Staff indicated the applicant had positively responded to all comments and
concerns from Public Works, Engineering, Fire Department, Building Department, Community
Development and the Police Department. The applicant had also presented its proposal to the
Appearance Commission and the Traffic and Safety Commission. These commissions made
comments which were addressed by the applicant in a satisfactory manner. After the hearing, the
Plan Commission unanimously recommended the application for the special use permit be
approved subj ect to certain conditions which are set forth in this ordinance. The Plan
Commission also recommended the Board grant variations from front, rear, and corner side vards
to allow 80% of the units to contain two bedrooms, provide five units be accessible and 19 units
be handicapped adaptable, and to waive the requirement of a caretaker unit be constructed on the
property. Village staff recommends the Board concur with the recommendation of the Plan
f Commission and approve the special use for this property.
Programs, Depts
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Adrnin Recommend
Second Reading:
Special Consider or
Requirements:
Respectfully
Prepared by:
Building and Inspectional Services, Community and Economic Development, and Legal
The development will generate approximately 5200,000 per year in property taxes.
Not Applicable.
The Special Use Permit will be implemented and supervised by staff as part of their normal work
activities.
Approval as presented.
November 8, 2010, Required
The Village Administrator has asked this ordinance be passed on its first reading since the
applicant must submit this ordinance along with the redevelopment agreement to IDHA as part of
a dry closing prior to the next Village Board meeting.
V rllage Admmistrator
(. orporanon Counsel
Rev iewed���
John D. Said. Community and Economic Develop Director
ORDINANCE 10�20
GRANTING A SPECIAL USE PERMIT FOR A SENIOR CITIZEN HOUSING
DEVELOPMENT PROJECT IN THE VILLAGE OF MORTON GROVE
WHEREAS, the Villa0e 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 applicant, Homestead of Morton Grove, LLC. 6400 Lincoln Avenue,
Morton Grove, Illinois has made a proper application to 'lie Plan Commission in the Village of
Morton Grove under Case No. PCl ('42) requesting the approval of a special use permit to
construct and operate a senior independent living residential facility at 6406 through 8617
Lincoln Avenue, Morton Grove, Illinois; and
WHEREAS, the property is located in the CR Commercial /Residential District; and
WHEREAS, Section 12 -4- 3 allows senior citizen housing as a special use in the CR
Connmercia.UResidential District subject to the provisions of Section 12 -5- 3 — Senior Citizen
Housin( Special Dcvelopmclat Provisions. and
WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public
notice duly published in the Morton Grove Champion. a newspaper of general circulation in the
Village of Morton Grove, which publication took place on September 30, 2010. and pursuant to
the posting of a sign on the property and, upon written notification sent to the property owners
within 250 feet of the subject property as required by ordinance, the Morton Grove Plan
Commission held a public hearing relative to the above referenced case on October 18, 2010, at
which time all concerned parties were given the opportunity to be present and express their
views for the consideration of the Plan Commission, and as a result of said hearing, the Plan
Commission made certain recommendations and conditions through a.report dated October 25,
2010, a copy of which is attached hereto and made a part hereof and marled as Exliibit "A ":: and
WHEREAS, the Corporate Authorities have considered this matter at a public meeting
and find pursuant to the relevant provisions of the t /illage of Morton Grove Unified
Development Code the proposed special use is so designed, located, and proposed to be operated
that the public- health, safety, and welfare will be protected and. not cause substantial injury to the
value of other properties in the neighborhood in which it is located; and
WHEREAS, pursuant to the provisions of the Village of Morton Grove Unified
Development Code, the Corporate Authorities have determined the special use, as approved by
the Plan Commission shall be subject to certain conditions and restrictions as set forth herein.
NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing
WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the
findings as hereinabove set forth..
SECTION 2: The properties located at 6408 -6422 Lincoln Avenue, 8.551 Lincoln
Avenue, 8605 -8617 Lincoln Avenue and 6406 Lincoln Avenue are hereby granted a special use
permit to construct and operate a senior independent living residential facility subject to the
following conditions and restrictions which shall be binding on all owners and lessees:
i. The proposed facility shall be constructed in accordance with the site plan dated October
15, 2010, by JSSH Architects, and elevation plans 4.1, 4.2, and 43, dated September 30,
2010, by JSSH Architects;
2 The applicant shall be required to obtain an appearance certificate from the Appearance
Commission;
3. The applicant shall obtain approval of the Villa(.e Engineer for the lighting plans
including photometrics, stormwater detention and proposed driveway grades;
4. The applicant shall obtain Fire Department approval for emergency access and all
hydrant locations;
5. Ali driveway areas shall be constructed to accommodate truck traffic, and the applicant
shall be required to obtain approval of the waste hauler for proposed bollards on the
emergency access driveway;
6. Stop signs shall be placed at the intersection of the site driveways with Lincoln Avenue;
7. The applicant shall, at their expense, provide for the painting of a crosswalk across
Lincoln Avenue and crosswalk signs along Lincoln Avenue subject to the review and
approval of the corresponding public agencies including the Village of Morton Grove
Public Works Department and the Cook County Forest Preserve District;
S. Except where variations have been granted, the owner, applicant, and operator shall
comply with all requirements of the Village of Morton Grove ordinances and codes;
9. At least eighteen (18) units shall be leased at reduced rental rates pursuant to Section I)
5-3J,4 of the Unified Development Code.
SECTION 3: The Village Board hereby approves the following variations:
1. A variation is granted from Section 12 -5 -3E, lb of the Village Code to allow a front yard
setback of twenty -one (21) feet;
2. A variation is granted from Section 12- 5 -3E.2c of the Village Code to allow a corner yard
setback of five (5) feet;
3. A variation is Granted from Section 12- 5 -3E.3b of the Village Code to allow a rear yard
setback of forty point forty -two (40.42) feet;
4. A variation is granted from Section 12- 5 -3J.3b of the Village Code to allow ninety
percent (90 %) of the dwelimg units to contain two (2) bedrooms;
56 A variation is granted from Section 12- 5 -3J.3d of the Village Code to provide only five
(5) units be handicapped accessible and nineteen (19) units be adaptable for handicapped
accessibility;
6. A variation is granted from Section 12- 5 -3J.3e of the Village Code to waive the
requirement a caretaker unit be constructed with the project.
SECTION 4: The owners, lessees, occupants, and users of the special use property, their
successors and ass] gns hereby grant Village of Morton Grove employees and agents access to the
premises at all reasonable times for the purpose of inspecting said premise to verify all ternas and
conditions of the special use permit have been met,
SECTION 5: The special use permit is granted only so long as the owner, lessees,
occupants, and users of the special use property utilize the property for the purposes as herein
designated.
SECTION 6: The Village Clerk is hereby authorized and directed to amend all pertinent
records of the Village of Morton Grove to show and designate the special use permit as granted
herein.
SECTION 7: 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 I DAY OF OCTOBER 2010
Trustee DiMaria
Trustee Gomberg
Trustee Grear
Trustee Marcus
Trustee Thill
Trustee Toth
APPROVED BY ME THIS 25Y1' DAY OF OCTOBER 2010
Daniel J. Staackmann, Village President
Village of Morton Grove
Cool{ County, Illinois
ATTESTED and. FILED in my office
This 26`r' DAY OF OCTOBER 2010
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Village e @q"pmy
L �e
.. .. , vmr Ma,. m.ism r. _:._, .a. .. ,r °. n .= ...:.z.:. r•-. .:.:.
Planning Commi.ission
Zonmg oard of Appeals
I C: Viltage President and Beard of Trustees
From: Ronald, L. Farkas, Chairman, Pianning Commissio
Date. October 19a. 2010
Re: Plan Commission Case PCIG�c2; Request for SPecial Use Permit to
Construct a Senior Independent Living Residential Facifity at 6406 - 8617
Lincoln Avenue,
Commission Report
Public Notice
Legal notice for this public hearing was published in the Morton Grove Champion newspaper
on September 30, 2010. Public notice letters were sent to property owners within 250 feet of
the subject site an September 30, 2010, A public notice sign was placed on the subject
property on September 30, 2010,
Reauest Summary
The applicant, Homestead of Morton Grove ! LC appeared before
hearing on Monday, October 18, 2010 to request approval of a
independent living facility for senior citizens The request includes
setback, unit bedroom mix, unit accessibility, and for a caretaker i
individuals testified on behalf of the applicant at the public hearing:
Plan Commission at a public
Special Use for a proposed
zoning variations for building
lnit exception. The following
k Doug Dienes, Essex Corporation. (also - Homestead of Morton Grove)
P Kent Braasch; Essex Corporation (also Homestead o` Morton Grove)
0 Brent Duffy, Spaceco (proje;.t engineer)
0 P,oger Johnson, 3SSH (project architect)
Their testimony included the following information:
Subject Site, Zonino, Comprehensive Plan
The subject site is located along the north /east side of Lincoln Avenue east and north of Lehigh
Ave, Currently, the site contains a number of quasi - industrial and auto repair facilities. The site
is bounded on the east by the Milwaukee Nosh railroad tracks, on the north by an existing auto
body repair facility (86_21 Lincoln), on the west by St, Paul's Woods (Cook County Forest
Preserve), and an the south by the Moon House condominiums, The subject site, which is
zoned CR Comn^aerdal- Residential, contains approximately 1.96 acres,
The site is designated as '`mixed -use development area" in the 2002 Comprehensive Plan
Update/Lehigh-Ferris Subarea Pian, (The previous 1999 Comprehensive Plan designated the site
as "industria! "f however, among housing and residential area goals, the 1999 Comp. Plan includes
Richard T. Piickin er Municipal Center
6101 Capuiina avenue a Morton Grove. Illinois 600> -?9f'S
Tel: (S47) 965 -4100
the following, "To promote the development of new housing for senior citizens; define strategies
which will encourage a range of housing types; and ensure that new housing construction
complement and enhance existing neighborhood development,")
Proiect Detail's
Homestead of Morton Grove proposes to construct an independent living facility containing 82
dwelling units in a 5 story building, The structure will contain 4 floors of living area over a
ground level containing parking, Vehicular access will be provided by a driveway along the east
edge of the property, Proposed site parking consists of eighteen outside parking spaces
(including two accessible spaces) along the driveway, and 63 indoor stalls (including two
accessible spaces). The ground level parking area is accessible by a driveway at the northeast
end of the building,
The dwelling units are divided into 8 one bedroom, and 74 two bedroom units, each unit will' also
contain a full kitchen, living room area, and at least one bathroom,
Dwelling unit floor areas will range from approximately 800 square feet to slightly over 1200
square feet, The applicant has indicated that 5 units will be accessible, while 19 units will be
adaptable for accessibility, Homestead has indicated that approximately 18 units (21.90/o of total)
will be leased at reduced rental rates, as specifie
Code. d in Sec. 12- 5 -3 -3-4 of the Unified Development
The building's exterior will feature a combination of face brick and stucco finish exterior panels.
The project will contain a total of approximately 139,298 square feet, including 110,930 square
feet of building and 28,368 square feet of garage area, Each floor will contain approximately
27,800 square feet
Plan Commission Review and Discussion
At the Plan Commission`s October 18 public hearing, discussion began with a Staff summary of
the proposed project and the Village review process to date. This was followed by a brier"
presentation by the applicants of the project, including updated plans and changes made during
the review process,
Members of the Plan Commission questioned the applicant concerning the project, Commission
questions and applicant responses (in parentheses) are summarized as follows:
Please explain how stormwater detention will be handled. (All stormwater detention
will be placed in an underground vault facility; there will be no su ace stormwater
detention facilities.)
61 Why is the ground -level indoor parking area entrance placed so far from the main
site entrance? (Site grades do not allow the parking entrance to be placed at end of
building adjacent to entrance.)
6 Why are 90% of the units proposed to be 2 bedrooms? (More couples choose to
reside in these types of developments now; the market trend drives this mix,)
41 Where will garbage storage be7 (Dumpsters will be placed inside the building on the
parking level.)
0 Has emergency access driveway been approved by the Eire Dept.? (The emergency
access has been changed to an 8% grade to accommodate the Fire Department's
directive.) This was confirmed by Fire Inspector Bill Porter, who was in attendance
at the meeting; he will wort: with the applicant concerning possible rollover bollards
in the driveway,')
0 What security measures will be in place? (The building will be staffed, with the
entrances monitored. There will also be security cameras and secured access to the
facility.)
6 How will garbage trucks access the site and will they be able to turn around?
(Garbage trucks will have access to the garage door to retrieve dumpsters, and then
will exit using the emergency access route out to Lincoln Ave.)
i Can the driveway be paved to handle garbage truck traffic? (The applicant agreed
to this recommendation.) A condition of approval is included to reflect this
recommendation.
Additional Commission questions concerning balconies, tree planting, snow removal, flood plain,
elevators, the traffic study, and maintenance of the entrance area were all responded to by the
applicant to the satisfaction of Commission members.
Extensive questioning by the Commission and discussion then ensued regarding unit accessibility,
The Commission, Staff and the applicant all reviewed topics such as Unified Development Code
and State Code requirements applicable to accessible units. Various terms were also discussed,
including an understanding that the term accessible' is commonly used now in lieu of the term
`handicapped', After numerous questions, the applicant's architect testified that 5 (five) units will
be constructed to accessible standards, with an additional 19 (nineteen) units to be constructed
as adaptable to accommodate future retrofitting to have more accessibility; however, the term
` adaptable" as used here by the applicant does not mean these units can be converted to fully
accessible (like the 5 accessible units in this project), The applicant further testified that all units
have some degree of adaptability to the extent that grab bars can be installed, depending on
future resident needs, When asked about why all units were not made accessible as specified in
Sec. 12-5 -3 -3 of the Unified Development Code, the applicants responded that the project, as
proposed, meets applicable State Code requirements, and that their market typically does not
drive development of a mix containing 1000% accessible units,
The applicants also noted the difficulty of accommodating a layout with 100% accessible units
(i.e. oversized bathrooms and other arrangements) due to some key factors. These are that
there are physical limitations of the site and the proposed building size, and such improvements
could price all units in the projeL out of the reach of the market, The applicants specified,
however, that all units will be constructed to allow installation of improvements, such as grab
I in the bathrooms, should they be requested by tenants,
In conclusion, the Commission was satisfied with the applicants' responses to these questions and
the discrepancy between the Unified Development Code with the proposed project, and which is
being addressed in the Conditions of Approval.
The Commission also questioned applicant as to the traffic analysis and was satisfied that it would
probably be less than presently generated.
Public Comment
Two members of the public spoke at the public hearing. Both are residents of the Morton House
condominium project across Lincoln Ave, from the subject site, One resident had general
questions regarding the type of units, Lincoln Ave,, and sidewalks. The other resident expressed
personal safety concerns as related to future Homestead residents. Both the Commission and the
applicant replied to the questions and comments mentioned by the public.
Findings of Fact
The applicant was given an opportunity to address the seven Standards for a Special Use, as
specified in Section 12 -16 -4C of the Unified Development Code, The Plan Commission concurred
with, and based their decision on, these findings,
maintenance and operation of the Special Use will not be detrimental to or,
endanger pubiiic heatth, safety, morals or general welfare,
The proposed senior living facility and associated variations will not be detrimental to
or endanger the public health, safety, morals or welfare. The proposed project will
contribute positively to the public health and safety by providing a new residential
option for area residents and improving the subject site.
Adjacent Properties
u.. w, should ( ,+ , y9 o - ;.
and
enjioyment of other property in the immediate vicinitr for the uses permitted in
the Zoning d.'strict.
The proposed senior living facility will not be injurious to the use and enjoyment of
neighboring properties. The applicant testified that the new project is an
improvement over the non - conforming quasi - industrial uses previously present on
the subject site, The new development will be a self- contained use, and will not
generate significant amounts of traTric, New landscaping and other improvements
will be installed to improve the appearance of this site from nearby properties.
Adjacent taxpayers and properties were all notified of this request.
3. d
'.,y ,,.rt and . d>. a .d ... -E .:;,°'n or impede .4 `' a of surrounding the
property for uses permifted in the zoning district,
The existing property is located within the CR `Commercial Residential" zoning
district, and the new senior housing faciiit)/ is more consistent with the allowed uses
in the CR District when compared to the previous quasi - industrial uses on the
subject site. The project will therefore not impede the normal and ordenv
development of other uses in this district, It will contribute to the community and
support businesses in the community.
4r Adequate Faciiiftires: — Adequate utilities, access roads, drainage and other
necessary Raciiifies are in, existence or are being provided,
The proposed residential facility actually improves the facilities as compared to
previous conditions for access and utilities. The project will include appropriate and
orderly stormwater and access facilities. _i he project will be constructed to meet all
applicable -equirements relating to utilities, stormwater fire protection and other
reguiations. -
4
54 Traffic Control -. AdegUate 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 root draw substantial amounts of
traffic on local residential streets,
• Adequate measures have been taken to minimize traffic congestion on public streets,
Appropriate access is being provided with limited intersections with Lincoln Ave., as
well as parking that is appropriate to this new residential facility, Pre - existing
conditions consisted of a disorganized mix of uses with random access onto Lincoln
Ave,
. Adequate nuffering, e Adequate fencing and /or screening shall -be provided to
ecnsure the right of enjoyment of surrounding, properties to provide for the public
safety or to screen parking, areas and other visually incompatible uses.
This proposal includes new landscaping to visually soften the appearance of the new
building. Further, the appearance of the new building will improve greatly upon
previous development at this location, The development will be required to meet all
applicable regulations for landscaping,
7. Conformance to Other- Regulations — The Special Use shall, in all other respects,
conform to applicable provisions of this Ordinance or amendments thereto,
`variation frorn provisions of this Ordanance, as Provided' for in Section f2 -16•-
I, may be corrsidereld by floe 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 Village Codes and Ordinances
except for building placement (setback) and some unit variations that were sought
by the applicant, and granted by the Commission, The Plan Commission concluded
that the variations were warranted based on the request and applicant testimony,
The project otherwise conr"orms to applicable requirements and addresses goals of
the � illage's 2002 Comprehensive Plan, People will be attracted to reside at this
r,roiect based on cho}� e. rath!e.lr their; need.
Commission Recommendation
Commissioner Shimanski moved, and Commissioner Gabriel seconded, to recommend approval of
the Special Use with variations for this project.
The motion carried. `yes 7; No 0; Absent 0
The voting:
Chairman Far[
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
.as Aye
Edon' Ave
Dorgan Aye
Gabriel Ave
Ramos Aye
Roepenacl: Aye
Shimanski Aye
J
The Plan Comn-Jssion's recommendation is subject to the following conditions
I. The proposed Homestead of Morton grove facility shall be constructed in accordance
with the following
Site plan 1.1, dated 10 -15 -10 by ]SSH Architects; and
Elevation plans 411, 4.2 and 4.3, dated 9 -30-10 by JSSH Architects,
7, The following variations be gram d:
To allow a front yard setback of 21 feet;
To allow a corner side yard setback; of 5 feet;
To allow a rear yard setback of 40.42 feet;
N To allow 900/0 of the dwelling units to contain 2 bedrooms;
To allow 5 units to be accessible and 19 to be adaptable (for accessibility); and
To allow no caretaker unit to be constructed with project.
3. The applicant shall be required to obtain an Appearance Certificate from the Appearance
commission.
41 The applicant shall obtain approval of the Village Engineer for the lighting plan including
photometl`icS, stormwater detention plan and proposed driveway grades.
5, The applicant shall obtain Fire Department approval for emergency access and all
hydrant locations,
6. All driveway areas shall be constructed to accommodate truck traffic, and the applicant
shall be required to obtain approval of their waste hauler for proposed bollards on the
emergency access driveway.
71 Stop signs s trail be placed at intersections of site driveways with Lincoln Avenue,
8. The app(icant shall provide the following:
A painted crosswalk; across Lincoln Avenue; and
Crosswalk signs along Lincoln Avenue;
These improvements shall be subject to review and approval of the corresponding public
agency, including the Village's Public Works Department and Cook County Forest Preserve,
6
Introduced
Objective
Purpose:
Background:
Programs, Departments
or* Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
First Reading:
Special Considerations or
Requirements,
Legislative Summary
Resolution 14 -77
ADOPTING THE VILLAGE OF MORTON GROVE
IDENTITY PROTECTION POLICY
October 25, 2010
To adopt an Identity Protection Policy to establish policies which protect the social
security numbers of employees and persons who transact business with Village
governmcrit and employees.
To comply with Illinois Compiled Statute. 5 ILCS 179/1, and prevent employees
from mishandling social security numbers.
The Illinois Identity Protection Act became effective on .tune 1, 2010, and requires
Villages to establish policies which protect the social security numbers of
employees and persons who transact business with Village government and its
employees. The act requires employees who have access to social security nu<<1r)e14s
in the course of their job duties be trained to protect the confidentiality of these
numbers. The act also requires the Village to enact a policy which establishes
protections of the social security numbers of Village employees and others. This
resolution approve a Village of Morton Grove Identity Protection Policy and will
direct the Village Administrator to make the policy pant of the Persomriel Policy
Manual and to take all steps necessary to implement the policy and comply with tine
state law.
Finance, Administration, and Legal Departments
Not applicable
Not applicable.
The administration ofthe Identity Protection Program will be administered and
overseen by the Village Administrator, Corporation Counsel, and all Department
Directors who have access to the social security numbers of others.
Approval as presented.
Not required
None
Administrator Approval _ ;_ ',� /� ,f� Prepared by:
Joseph 7'F. W c4e. Village Administrator Teresa Ho
, Corporation Counsel
ADOPTING THE VILLAGE OF MORTON GLOVE
IDENTITY PROTECTION POLICY
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 Illinois Identity Protection Act created a new section of the Illinois Com}iiied
Statute specifically 5 ILLS 179/1 which. became effect June 1, 2010,
WHEREAS, pursuant to the Illinois Identity Protection Policy Act state law now requires Villages
to establish policies which protect the social security numbers of employees and persons who transact
business with Village government and its employees;
WHEREAS, the act also requires the Village train employees on the proper handling of information
containing social security numbers; and
WHEREAS, in order to comply with the letter and the spirit of the Illinois Identity Proteetion Act, it
is in the best interest of the Village of Morton Grove this resolution be adopted.
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 frilly set forth therein thereby making the findings as hereinabovc set forth.
SECTION 2: The Village of Morton Grove hereby adopts and approves an Identity Protection
Policy attached hereto as "Exhibit A and directs the Village Administrator to make said policy a part of
the Personnel Policy Manual.
SECTION 3: The policy may be revised and updated as appropriate by the Village Administrator,
SECTMN 4: The Village Administrator or his designee is authorized and directed to take. all steps
necessary to implement the policy and to otherwise comply with the act.
SECTION 5: This Resolution shall. be in full force and effect from and after its passage and
approval in the manner provided by law.
PASSED this 25t" day of October 2010.
Trustee DiMaria
Trustee Gomberg
Trustee Grear
Trustee Marcus
Trustee Thill
Trustee Toth
APPROVED by me this L of October 2010.
Daniel J. Staackmann, Village President
Village of Morton Grove.
Cook County, Illinois
APPROVED and FILED in my office
this 26`" day of October 2010.
"pony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
'Village of Morton Grove
Identity Protection Pol, 4
This policy is intended to comply with the Illinois Identity Protection Act, 5 ILLS 179/1 et seq.
In the event of an inconsistency between this Policy and the Act, the Act shall be controlling.
1. Employees are prohibited from:
a. Posting or displaying social security numbers;
b. Printing the number on any card required to access products or services;
C, Requiring transmission of numbers over the Internet, unless using a secure
connection or the number i.s encrypted;
d. Printing the number on any mailed materials;
C. Collecting, using, or, disclosing a social security number from an individual unless
required to do so under state or federal law, rules, or regulations, or unless such
use is necessary for the performance of the employees' duties and responsibilities.
f. Disclosing social security numbers in Freedom of Information Act (FOIA)
responses;
f Embedding or encoding social security numbers in cards or documents (including
barcodes, chips, magnetic strips, and other technology).
2. All employees who have access to social security numbers in the course of performing
their duties shall be required to attend training on the protection of confidentiality of
social security numbers. The training will include instructions on the proper handling of
information containing social security numbers from the time of collection through the
destruction of the information,
3. Only employees who are required to use or handle information or documents containing
social security numbers may access such information or documents.
4. Any request for social security numbers from residents shall be accomplished in a
manner which allows the social security number to be easily redacted if a document is
required to be released as part of a public records request.
5. Any request for social security numbers from residents shall include a statement of the
Purpose or purposes for which the social security number is being collected and used.
6. This policy shall be part of the Village of Morton Grove Personnel Policy manual, and be
made available to all employees.
7. Violation of the provisions of this policy shall be grounds for discipline up to and
including dismissal.
Richard T. Flickinger Municipal Center
6101 Capulina Avenue • Morton Grove, Illinois 60053 -2985 Oft
Tel: (847) 965 -4100 Fax: (847) 965 -4162
Recycled Paper
Legislative Su mmary
Resolution 10 -80
AUTHORIZATION FOR THE PURCHASE OF DIRECTIONAUSTATIONARY
TRAFFIC RADAR SYSTEMS FOR POLICE PATROL VEHICLES
Introduced:
Synopsis:
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
Second Leading:
Special Considerations or
Requirements:
Respectfully submitted:
Prepared by:
Jose
E
October 25, 2010
This resolution ti will approve the p rchase of ten directional /stationary traffic
radar systems for police patrol vehicles.
The Village utilizes directional /stationary traffic radar systems in its squad
cars to educate motorists regarding speed limits and to enforce state laws and
local ordinances. The current radar systems were purchased in 1999 . and are
showing signs of age, deterioration, and reliability which could have an
effect on liability. The replacement program was initiated in 2005 but due to
budgetary constraints, the purchase often units had previously been deferred.
The Villa.(Te Board approved the acquisition of ten (10) squad car radar
systems in the Calendar Year 2010 f3udaet. The Police Department staff
followed Village purchasing regulations and advertised for bids in the
September 2, 2010, issue of the Morton Grove Champion. One bid was
received from Kustom Si <ornais in Chanute. Texas for a. total price of $16,046.
The Chief of Police reviewed the bid and determined the price submitted was
competitive and the bidder was capable of providing the commodity which
meets the Village's needs and specifications. I ustom Signals has been
serving the equipment needs of law enforcement since 1965. and the Village
has used radar systems from this vendor in the past to its satisfaction.
Police Department and Public Woms Vehicle Maintenance Deparm7ent.
$16,046.00 for ten (10) directional /stationary traffic radar s} /stems.
General Fund 023014- 572010
The implementation of this purchase will he done as part of the normal
operations of the Police Department.
Approval as presented.
Not Required
None
e, pillage Adn-imistrator
Mark Erickson, Chief of Police
Reviewed bv:
Teresa Ho
f
f�
7ai)/Liston, Corporation Counsel
f,.
AUTHORIZING THE PURCHASE OF
DIRECTIONAL MOVING /STATIONARY TRAFFIC RADAR SYSTEMS
FOR POLICE PATROL VEHICLES
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 purchase of directional moving /stationary traffic radar systems is necessary to
maintain the effectiveness of the Morton Grove Police Department, and
WHEREAS, the Village Board authorized [lie acquisition of traffic radar systems for Police patrol
vehicles in the Calendar Year 2010 Bude ngi . - ; and
WHEREAS, the Police Department advertised in the September 2. 2010. issue of the Pioneer Press
Newspaper invitino bids for the purchase of ten (10) directional moving /stationary traffic radar systems;
and
WHEREAS, one bid was received, publicly opened. and read at the Office of the Morton Grove
Finance Director /Treasurer at 10:00 am on September 10, 2010, with the only one bid received from
Itustom Signals in Chanute, Kansas for a total price of sixteen thousand forty dollars ($16,040.00); and
WHEREAS, the Village. Administrator and Chief of Police ordered staff to insure the pricing
submitted is competitive and after further review of the proposal, it has been determined KLtstom Signals,
who sells the Raptor RP -I Dual 1� -band radar systems, has provided a competitive price and is capable of
providing the commodity which meets the Villa«e's needs and specifications, and
WHEREAS, the Chief of Police recommends the Village enter into a purchase contract with
Kustom Signals for ten (10) Rapto, RP -1 Radar systems at a unit price of one thousand six hundred four
dollars ($1,604.00) for a total price of sixteen thousand forty dollars ($16,040.00).
I-101AII THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF IMORTON 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 makino the findings as hereinabove set forth.
SECTION 2: The Village President and Board of Trustees hereby authorize the purchase of ten (10)
Raptop RP -1 Dual K -band Radar systems from Kustom Signals in Chanute. Kansas per the teens and
conditions of the hid proposal submitted on September 30. 2010, at a unit price of one thousand six
hundred four doIIaz -s (5')1,604.00) for a total cost of sixteen thousand forty doll ars ($16,040.00.
SECTION 3: The Police Chief. Villa <ae Administrator. Director of Finance and /or their designees
are hereby authorized to take all steps necessary to complete this purchase.
SECTION 4: This Resolution shall be in full force and effect from and after its adoption.
PASSED this ?5"' day of October 2010.
Trustee DiMaria
Trustee Gomherg
Trustee Grear
Trustee Marcus
Trustee Thill
Trustee Toth
APPROVED by me this 25`x' day of Octobei'2010
Daniel .l. Staackmann, Village President
Vii(af ^e of Morton Grove
Cook- County, Illinois
APPROVED and FILED in my office this
26`) day of October 2010
Tony S. halogeraKos, Village Clerk
Village of 1VIorton Grove
Cook Count) /. Illinois
Leaistative Summary
Resolution 10 -78
AUTHORIZING A HIGHWAY AUTHORITY AGREEMENT
AND A TIERED APPROACH TO CORRECTIVE- ACTION OBJECTIVES SUPPLEMENTAL
AGREEMENT BETWEEN SHELL OIL PRODUCTS US
AND THE VILLAGE OF MORTON GROVE
RELATING TO THE PROPERTY LOCATED AT 5600 DEMPSTER STREET
Introduced: ! October 25, 2010
Synopsis: The Highway Authority Agreement to be approved pursuant to this resolution will limit access to soil on
Central Avenue which might be contaminated as a result of underground storage tanks which are or were
at 5600 Dempster Street. The supplemental agreement requires Shell to indernify and hold the Village
harmless from losses directly or indirectly arising out of or in connection with the release of contaminants
from the site, or the existence of contaminants from the site and to reimburse the Village.
Pill-pose: This Highway Authority Agreement is a requirement of the IEPA in order for the property owners at 5600
Dempster Street to receive a no further remediation letter and will protect human health, and tale
environment in the event there are contaminants within the right -of -way.
Background: Shell Oil Products US owns a gas station located at 5600 Dempster Street. At one time underground
storage tanks were present at the site and contaminants were released from the underground storage tanks.
Shell has the responsibility of removing these contaminants to IEPA standards. In order for Shell to
receive a no further rernediation letter from the IEPA, the agency requires Shell and the Village to enter
into a Highway Authority Agreement with respect to that part of Central Avenue near the (as station. The
Highway Authority Agreement will prohibit potable and domestic uses of ground water within the right -
of -way, limits access to the Village and others to soil within the right-of-way, with respect to conditions
where human health and the environment are protected. The Agreement does not prohibit the Village
from constructing, reconstructing, improving repairing, or maintaining the right -of -way, The Agreement
shall remain effective until the right -of -way is demonstrated to be suitable for unrestricted use and the
o
IEPA issues a no further remediation fetter. This resolution will also approve the supplemental agreement
between Shell Oil Products US and the Village whereby Shell will reimburse the Village for reasonable
costs incurred in performing site investigations and for costs incurred by the Village to remove any
contaminants. and will indemnify and hold the Villaoe harmless for any loss associated with the release of
contaminants or the existence of contaminants in the right -of -way.
Programs, Departs Il Public Works Department, and Legal Department
or Groups Affected
Fiscal Impact: I None
Source of Funds: N/A
Workload Impact: The Public Works Department shall administrate and monitor this contract as part of its normal workload.
Admin Recommend: Approval as presented.
Second Reading: Not required
Special Consider None
or Requirements:
Respectfully submitted: `� ' /'� �C��dx),
,Joseph F Wade, Viliage Administrator
Reviewed by:
y DeMonte, Public Works Director
Prepared by:
Teresa Hoffir:— ,in Li
n; /Corporation Counsel
AUTHORIZING A HIGHWAY AUTHORITY AGREEMENT
AND A TIERED APPROACH TO CORRECTIVE- ACTION OBJECTIVES
SUPPLEMENTAL AGREEMENT BETWEEN SHELL OIL PRODUCTS US
AND THE VILLAGE OF MORTON GROVE
RELATING TO THE PROPERTY LOCATED AT 5600 DEMPSTER STREET
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, Shell Oil products US (Shell), also referred to in this agreement as
owner /operator are the owners or operator- of that property commonly known as 5600 Dempster
Street, Morton Grove, Cook County, Illinois (the site); and
and
WHEREAS, underground storage tanks presently are or formerly were located at the site;
WHEREAS, Shell has completed an evaluation of the site and has determined there is no
risk to human health and the environment with the use of proper institutional controls; however,
soil and ground water concentrations at the property boundaries may extend into the right -of -way
of Central Avenue; and
WHEREAS, Central Avenue is a Village owned right -of -way under the Village's
jurisdiction, and
WHEREAS, as a result of one or more releases of contaminants from the referenced
underground storage tanks, soil and /or ground water contamination at the site exceeds the Tier
One Residential Remediation Objectives of 35 ILL.ADM.CODE 742; and
WHEREAS, the soil and /or ground water contamination exceeding Tier One Residential
Remediation Objectives extends or may extend into the Village owned public right -of -way; and
WHEREAS, the owner /operator is conducting corrective action in response to the above
referenced releases; and
WHEREAS, the parties desire to prevent ground water beneath the Village's right -of -way
which exceed Tier One Residential Remediation Objectives from use as a supply of potable or
domestic water and to limit access to soil within the right -of -way which exceeds Tier One
Residential Remediation Objectives; and
WHEREAS, the Illinois Environmental Protection Agency has required the
owner /operator to enter into the attached Highway Authority Agreement with the Village of
Motion Grove in order to receive a closure letter; and
WHEREAS. the Highway Authority Agreement will protect human health and the
environment; and
WHEREAS, the Supplemental Agreement will reimburse the Village for any costs which
it incurs regarding the investigation or removal of contaminants, and will indemnify and hold the
Village harmless from any loss associated with the release of contaminants from the site or the
existence of contaminants in the right -of -way: and
WHEREAS, the Corporate Authorities believe it is in the best interest of the health,
safety, and welfare of the community to enter into these agreements.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Resolution as though fully set forth therein thereby making the findings as
hereinabove set forth.
SECTION 2: The Corporate Authorities of the Village of Morton Grove hereby approve
the attached Highway Authority Agreement and Tiered Approach to Corrective Action
Objectives Supplemental Agreement between Shell Oil Products US and the Village of Morton
Grove relating to that property commonly Known as 5600 Dempster Street, Morton Grove,
IIIinois, and regarding the Village 's right -of -way commonly known as Central Avenue.
SECTION 3: The Director of Public Works and /or his designee is hereby authorized to
execute, and take all steps necessary to implement and enforce the agreements.
SECTION 4: This resolution shall be in full force and effect from and after its passa <aye
and approval.
PASSED THIS 25`' day of October 2010.
Trustee DiMaria
Trustee Goznberg
Trustee Grear
Trustee Marcus
Trustee Thill
Trustee Toth
APPROVED BY ME THIS." 5t" day of October 2010.
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED AND FILED in my office
This 26`x' day of October 2010.
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
TIERED APPROACH TO CORRECTIVE - ACTION OBJECTIVES
SUPPLEMENTAL AGREEMENT
This Supplemental Agreement ( "Supplemental Agreement ") to establish obligations of
Equilon Enterprises LLC d /b /a Shell Oil Products US ( "Shell ") is entered into this 25°' da.v of
October 2010, by and between Shell and the Village of Morton Grove, Illinois ( "Village "), as
follows:
1. This Supplemental Agreement is not binding upon the Village until it is executed by
the undersigned representative of the Village and, prior to execution, this Supplemental
Agreement constitutes an offer by Shell. The duly authorized representative of Shell has signed
this Supplemental Agreement and tills Supplemental Agreement is binding upon them. their
successors and assigns until suet. time as the Illinois Protection Agency ( "IEPA ") has approved
the attached Highway Authority Agreement ( "HAA ") [Attachment 1] as an institutional control
for the Site (as defined below) and for the closure of the Incident (as defined below).
2. Shell is pursuing a corrective action of the property commonly known as 5600
Dempster St., Morlon Grove., Cook County, Illinois ( "Site "). and of the Central Avenue right -of-
way adjacent thereto (the "Right-of-Way"), as depicted in Attachment 1 as Exhibit C as set forth
below.
3. Attached to the HAA as Group Exhibit B are tables prepared by Shell showing the
concentration of contaminants of concern ( "Contaminants ") in soil and/or groundwater within
the Site, and which show the applicable Tier I soil remediation objectives for residential
property and Tier I objectives for groundwater of the Illinois Pollution Control Board ( "IPCB ")
Attached to the HAA as Exhibit G is a drawing prepared by Shell which depicts the Right -of-
Way and shows the area of estimated Contaminant impacted soil and /or groundwater where, at
the time of this Supplemental Agreement, Contaminants are estimated to exceed the Tier 1
residential levels under 35 111. Admin. Code Part 742. As the drawings in the Exhibits are not
surveyed plats, the boundary of the Right -of -Way in the Exhibits may be an approximation of the
actual Right -of -Way lines. It is impracticable to sample the Right- of -Vlay for Contaminants,
however, the parties believe that the area of the Right-of-Way is adequate to encompass soil
and /or groundwater within the Right- of-Way possibly impacted with Contaminants from a
release at the Site.
4. The Illinois Emergency Management Agency has assigned incident number
20081147 to the release at the Site ( "Incident ").
5. Shell intends to request risk - based, site specific soil and/or groundwater remediation
objectives from the Illinois Environmental Protection Agency ("IEPA ") under 35 III. Admin.
Code Part 742.
6. Under these rules, use of risk- based, site specific remediation objectives in the Right -
of-Way may require the use of a Highway Authority Agreement as defined in 35 III. Admin,
Code Section 742.1020.
7. The Village holds a fee simple interest or a dedication for highway purposes in >the
Right -of -Way, or the Right -of -Way is a platted street, and has jurisdiction of the Right -of -Way.
For purposes of this Supplemental Agreement, "jurisdiction" means that the Village exercises
access control over the use of groundwater beneath the Right -of -Way and over access to the soil
beneath the Right -of -Way because it requires a permit for that access,
8. This Supplemental Agreement is intended to establish the undertakings of Shell to the
Village for the purpose of providing the HAA in the form required by the IPCB to the IEPA
which establishes that the Village is willing to agree that it will not allow the use of groundwater
under the highway Right -of -Way as a potable or other domestic supply of water and that it will
limit access as described herein to soil under the highway Right -of -Way that is contaminated
from the release at levels above residential Tier 1 remediation objectives.
9. This Agreement shall be null and void should the IEPA not approve the HAA or
should it not be referenced in the "No Further Remediation" determination.
M The Village has agreed to certain obligations in the HAA as set forth in paragraphs 6
through 12 of document which it will undertake subject to the terms of this Supplemental
Agreement,
11. Shell agrees to indemnify and hold harmless the Village, and other highway
authorities, if any, maintaining the highway Right -of -Way by an agreement with the Village, and
the Village's officers, agents, contractors, or employees from and against any losses, liabilities,
damages, claims, judgments and actions, including attorney's fees and court costs, directly or
indirectly arises out of or in connection with, or in any way associated with, the release of
Contaminants from the Site or the existence of Contaminants in the Right -of -Way.
12. Shell agrees to reimburse the Village for the reasonable costs it has incurred, if any,
prior to the execution of this Supplemental Agreement in protecting human health and the
environment including, but not limited to, identifying, investigating, handling, storing and
disposing of contaminated groundwater in the Right- of-Way as a result of the release of
Contaminants at this Site,
13, This Supplemental Agreement shall be binding upon all successors in interest to Shell
and to all successors to the interest of the Village in the highway Right-of-Way. A successor in
interest of the Village would include, without limitation, a highway authority to which the
Village would transfer jurisdiction of the highway.
14. Violation of the terms of this Supplemental Agreement by Shell, or its successors in
interest, may be grounds for voidance of this Supplemental Agreement and the HAA. Violation
of the terms of this Supplemental Agreement or the HAA or both by the Village will not void
this HAA unless the IEPA has determined that the violation is grounds for voiding the HAA and
the Village has not cured the violation within such time as IEPA has granted to cure the
violation.
K
15. This Supplemental Agreement shall continue in effect from the date hereof until; (a)
the Right -of -Way is demonstrated to be suitable for unrestricted use; (b) there is no longer a. need
for the HAA; and (c) the IEPA, upon written request by Shell and with notice to the Village, has
amended the notice in the chain of title of the Site to reflect unencumbered future use of the
highway Right -of -Way,
16. This Supplemental Agreement is in settlement of claims the Village may have arising
from the release of Contaminants into the Right -of -Way associated with the Incident,
17. Neither this Supplemental Agreement nor the HAA limits the ViIlage's ability to
construct, reconstruct, improve, repair, maintain and operate a highway or utility facilities upon
its property ( "Work ") or to allow others to use the highway Right- of -Wav by permit. To that
extent, the Village reserves the right and the right of those using its property under permit to
remove contaminated soil or groundwater, as may be reasonably necessary for the Work, from
those portions ofits Right -of -Way in which, at the time of this Agreement, Contaminants exceed
the Tier 1 residential remediation objectives, and to dispose of such Contaminants, all as the
Village or those using its property deem appropriate and not inconsistent with applicable
environmental regulations (" Remediation Activity "). However, prior to taking any
Remediation Activity or engaging in Work which might require Remediation Activity, the
Village will first give Shell not Iess than thirty (30) business days advance written notice (unless
there is an immediate threat to the health or safety to any individual or to the public) that it
intends to perform a site investigation in the Right -of -Way, to engage in Work which might
require Remediation Activity, and to undertake Remediation Activity to the extent necessary for
the Work. Any actual Remediation Activity shall be based upon the site investigation (which
may be modified by field conditions during excavation). A copy of this site investigation report
will be provided to Shell prior to any Remediation Activity being undertaken.
1 S. Prior to conducting any such site investigation or Remediation Activity, the Village
shall provide Shell with an opportunity to perform the site investigation and the Remediation
Activity which may reasonably be necessary for the Village's Work. If Shell elects to perform
such site investigation and Remediation Activity, Shell shall, at its cost, procure all necessary
permits and shall post a completion bond in the amount of the work to be performed prior to
commencing such work. The failure of the Village to give notice is not a violation of this
Supplemental Agreement.
19, If Shell elects not to perform the Remediation Activity, Shell shall reimburse the
Village for the reasonable costs incurred in performing the site investigation and preparing the
site investigation report (including without limitation reasonable attorneys' fees) and for the
actual incremental increase in the cost of the Work related to the requirement to remove
Contaminants present in the soil and /or groundwater, including, without limitation, the cost of
the Remediation Activity and attorney's fees, The failure of Shell to provide reimbursement to
the Village within 45 days of receipt of an invoice from the Village, in accordance with and
pursuant to this paragraph, shall be grounds for voidance by the Village of this Supplemental
Agreement and, except as otherwise set forth therein, the HAA,
20, Written notice required by this Supplemental Agreement or the HAA shall be mailed
to the following: if to Shell: Enviromnental Engineering, Shell Oil Company Inc., 603 Diehl
Road, Suite 103, Naperville, Illinois 60563; and if to Village: The Village of Morton Grove,
6101 Capulina Avenue, Morton Grove, IL 60053, ATTN: Joseph F. Wade, Village
Administrator.
21. The Village's sole responsibility under this Supplemental Agreement and HAA with
respect to others using the highway Right -of -Way under permit from the Village is to include tilt
following, or similar language, in the future standard permit provisions and to make an effort to
notify, its current permit holders of the following:
"As a condition of this pennit, the permittee shall request the Village Engineer to
identify sites in the Right- of-Way where access to contaminated soil or groundwater
is governed by Tiered Approach to Corrective- Action Objectives ( "'TACO ")
Agreements. The permittee shall take measures before, during and after any access to
these sites to protect worker safety and human health and the environment.
Excavated, contaminated soil should be managed off -site in accordance with all
applicable laws, rules, and regulations."
22. Shell hereby releases the Village from liability for breach of this Supplemental
Agreement by others under permit, and further indemnifies the Village against claims that may
arise from others under pen-nit causing a breach of this Supplemental Agreement. Shell agrees
that its personnel at the Site, if any, will exercise due diligence in notifying those accessing
contaminated soil in the Right-of-Way of their rights and responsibilities under this
Supplemental Agreement,
23. Should the Village breach this Supplemental Agreement or the HAA, Shell's sole
remedy is for an action for damages whicia would, be brought exclusively in the Cook County
Circuit Court. Any and all claims for damages against the Village, its agents, contractors, or
employees, or its successors in interest, arising at any time for a breach this Supplemental
Agreement and/or HAA are limited to an aggregate maximum of $10,000.00. Shell shall have no
other action, in law or equity, against the Village, its agents, contractors, employees and its
successors in interest for the breach of any other provision of this Supplemental Agreement.
Shell hereby releases the Village, its agents, contractors, employees and its successors in interest
for any cause of action Shell may have against their, other than as provided in this paragraph or
as provided by applicable environmental laws, regulations or common law governing the
contaminated soil or groundwater in the highway Right -of -Way, In the event that the Village
conveys, vacates or transfers jurisdiction of the highway Right -of -Way, Shell may pursue an
action under this Agreement against the successors in interest, other than a State agency, in a
court of law.
24. This Supplemental Agreement and HAA are entered into by the Village in
recognition of laws passed by the Illinois General Assembly and regulations adopted by the
IPCB which encourage a tiered - approach to remediating environmental contamination. This
Supplemental Agreement and HAA are entered into by the Village in the spirit of those laws and
under its rights and obligations as a highway authority. In the event that any provision of this
11
Supplemental Agreement is struck down as beyond the authority of the Village, this
Supplemental Agreement shall be null and void, except that all costs and expenses to be paid by
Shell as provided in this Supplemental Agreement which have been incurred by the Village shall
be reimbursed by Shell within 45 days after the Supplemental Agreement becomes null and void,
IN WITNESS WHEREOF, Equilon Enterprises LLC d/b /a Shell Oil Products - US, has caused
this Agreement to be signed by its duly authorized representative.
John Robbins, Project Manager
5
IN WITNESS WHEREOF, the Village has caused this Agreement to be signed by its
duly authorized representative.
By: Andy DeMonte
Its: Director of Public Works
ATTACHMENT I
HIGHWAY AUTHORITY AGREEMENT
HIGHWAY AUTIJORITI,' AGREENIENT
This Agreement is entered into this 25`' day of October 2010 pursuant to 3)5
Ill. Adm. Code 742.1020 by and between Equilon Enterprises LLC d/b /a Shell Oil
Products LLC ( "Owner /Operator ") and (2) Tillage of Dorton Grove, Illinois ( "Highway
Authority ") collectively known as the "Parties.
WHEREAS, Equilon Enterprises LLC d/b /a. Shell Oil Products LLC is the owner
or operator of one or more leaking underground storage tanks presently or formerly
located at 5600 Dempster Street, Morton Grove, IL ( "the Site ");
WHEREAS, as a result of one or more releases of contaminants at the above
referenced Site "( "the Release "), soil and /or groundwater contamination at the Site
exceeds the Tier I residential remediation objectives of 35 III. Adm. Code 742:
WHEREAS, the soil and /or groundwater contamination exceeding Tier I
residential remediation objectives extends or may extend into the Highway
Authority`s right -of -way:
WHEREAS, the Owner /Operator or Property Owner is conducting corrective
action in response to the Release;
WHEREAS, the Parties desire to prevent groundwater beneath the Highway
Authorit�r's right- of -wayr that exceeds Tier I remediation objectives from use as a supply
of potablF; or domestic water and to limit access to soil within the right -of -way that
exceeds Tier I residential remediation objectives so that human health and the
environment are protected during and after any access;
NOMI, THEREFORE, the Parties agree as follows:
1. The recitals set forth above are incorporated by reference as if fully set forth
herein
2. The Illinois Emergency Management Agency has assigned incident number
20081072 to the Release.
3. Attached as Exhibit A is a scaled map(s) prepared by the Owner /Operator
that shows the Site and surrounding area and delineates the current and
estimated future extent of soil and groundwater contamination above the
applicable Tier I residential remediation objectives as a result of the Release.
4. Attached as Exhibit 8 is a table(s) prepared by the Owner /Operator that lists
each contaminant of concern that exceeds its Tier I residential remediation
objective, its Tier I residential remediation objective and its concentrations
within the zone where Tier I residential remediation objectives are exceeded.
The locations of the concentrations listed in Exhibit B are identified on the
map(s) in Exhibit A.
5. Attached as Exhibit C is a scaled man prepared by the Owner /Operator
showing the area of the Highway Authority's right -of -way that is governed by
this agreement ( "Right -of- Way "). Because Exhibit C is not a surveyed plat,
the Right -of -Way boundary may be an approximation of the actual. Right -of-
Way lines. Because the collection of samples within the Right -of -Way is not
practical, the Parties stipulate that, based on modeling, soil and groundwater
contamination exceeding Tier I residential remediation objectives does not
and will not extend beyond the boundaries of the Right-of-Way.
6. The Highway Authority stipulates it has jurisdiction over the Right- of-Way
that gives it sole control over the use of the groundwater and access to the soil
located within or beneath the Right -of -Way.
7. The Highway Authority agrees to prohibit within the Right -of -Way all potable
and domestic uses of groundwater exceeding Tier I residential remediation
objectives.
8. The Highway Authority further agrees to limit access by itself and others to
soil within the Right -of Way exceeding Tier I residential remediation
objectives. Access shall be allowed only if human health (including worker
safety) and the environment are protected during and after any access. The
Highway Authority may construct, reconstruct, improve, repair, maintain and
operate a highway upon the Right -of -Way, or allow others to do the same by
permit. In addition, the Highway Authority and others using or working in the
Right -of -Way under permit have the right to remove soil or groundwater from
the Right- of-Way and dispose of the same in accordance with applicable
environmental laws and regulations. The Highway Authority agrees to issue
all permits for work in the Right -of -Way, and make all existing permits for
work in the Right -of -Way, subject to the following or a substantiall" similar
condition: As a condition of this permit the permittee shall request the office
issuing this permit to identify sites in the Right -of -Way where a Highway
Authority Agreement governs access to soil that exceeds the Tier I residential
remediation objectives of 35 111, Adm, Code 742. The pennittee shall take all
measures necessary to protect human health (including worker safety) and the
environment during and after any access to such soil.
9. This agreement shall be referenced in the Agency's no further remediation
determination issued for the Release.
10. The Agency shall be notified of any transfer of jurisdiction over the Right-of-
Way at least 30 days prior to the date the transfer takes effect. This agreement
shall be null and void coon the transfer unless the transferee agrees to be
bound by this agreement as if the transferee were an original party to this
NO
agreement. The transferee's agreement to be bound by the terms of this
agreement shall be memorialized at the time of transfer in a writing ( "Rider ")
that references this Highway Authority Agreement and is signed by the
Highway Authority, or subsequent transferor, and the transferee.
11. This agreement shall become effective on the date the Agency issues a no
further remediation determination for the Release. It shall remain effective
until the Right -of -Way is demonstrated to be suitable for unrestricted use and
the Agency issues a new no further remediation determination to reflect there
is no longer need for this agreement, or until the agreement is otherwise
terminated or voided.
12. In addition to any other remedies that may be available, the Agency my bring
suit to enforce the terns of this agreement or may, in its sole discretion,
declare this agreement null and void if any of the Parties or any transferee
violates any term of this agreement. The Parties or transferee shall be notified
in writing of any such declaration.
13. This agreement shall be null and void if a court of competent jurisdiction
strikes down any part or provision of the agreement.
14. This agreement supersedes any prior written or oral agreements or
understandings between the Parties on the subject matter addressed herein. It
maybe altered, modified or amended only upon the written consent and
agreement of the Parties.
15. Any notices or other correspondence regarding this agreement shall be sent to
the Parties at following addresses:
Manager, Division of Remediation Management
Bureau of Land
Illinois Environmental Protection Agency
P.O. Box 19276
Springfield, IL 62974 -9276
Highway Authority
Department of Public Works
Village of Morton Grove
Andy DeMonte
7540 Nagle Ave.
Morton Grove, IL 60053
Property Owner or Owner /Operator
Equilon Enterprises LLC d/b /a
Shell Oil Products US
ATTN HSE
603 Diehl Rd., #103
Naperville, IL 60563
rN WITNESS WHEREOF, the Parties have caused this agreement to be signed by
their duly authorized representatives.
3
VILLAGE OF MORTON GROVE
Date: . 2010 By:
Its:
OWNEER/OPERATOR
Date: In 14 2010
t
4
Andy DeMonte
Director of Public Works
John Robbins
Senior Environmental Engineer
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Table 1
SOIL ANAL IMCAL DATA - BTERIMTBE
Shell # 137105
5600 Dtwntpseer Street
Morton Grove, Illinois
larcaf011 Tate i De th (feet)
�r7>i- I /nW_I I nom t�nnv c
NOTES
I. mg/t;g m millietatns per kilogram or parts per nwilon (ppm)
2.
Not detected some at}a`rytical method detection i1mil
3. Bold values indicate concentrations aixrvc Title 35 JAC Pan 742 Tier 1 Soil ftenrediailoo obieaives for Class I groondvrater
4 . D = The result is from a diluted sample
Tier I Soil Remediation Objectives for B
Benzene f
f Toluene E
Ethylbenzene X
XVlenes M
MTBE
Residential Properties (
(mg/kg) I
I (mg1kg) (
(mglkg) (
(mg/kg) (
(mg /kg)
lInnestion - resideniia! 1
12 1
16,000 0() 7
7,800 1
16,000 7
780
rznestion— eonstruciion worker 2
2,300(0
,000 2
20,006 4
41,000 2
2.000
III h
halation - resitlentitrl 0
0.8 6
650 4
400 3
320 �
8_800
In laiation - eonsiruction worker 2
2 2 4
42 5
58 5
5 1
� 8
ail Compolient of Groundwater (C'tass f) 0
0.03 1
12 t
t3 I
140
ISO 0
0.32
Soil Sample
NOTES
I. mg/t;g m millietatns per kilogram or parts per nwilon (ppm)
2.
Not detected some at}a`rytical method detection i1mil
3. Bold values indicate concentrations aixrvc Title 35 JAC Pan 742 Tier 1 Soil ftenrediailoo obieaives for Class I groondvrater
4 . D = The result is from a diluted sample
7'able 2
GROUNDWATER ANALYTICAL DATA - BTEXIMTSE
Shell 11137105
5600 Dempster Street
Morton Grove, Illinois
Tier I Groundwater Retnetiiation Objectives for tfte Grountfivater Ingestion
Exposurx Route
amnfe Location Sample Dt+(c
MW -1 06/17/2008
11/05/2008
04/23/2009
t 0/ 12/2009
MW -2 06/17/2008
11/05 /2008
04!23/2009
10/12/2009
06/17/2009
10/14/2008
04/23/2009
10/12/2009
DW -2 06/17/2008
10/14/2008
04/23/2009
10/12/2009
�DW {36117tmop,
Referenced
Elevation
IOU]
100.61
100.61
I OL1.61
100.57
100.57
100.57
99_38
99.38
99.65
10/)4/2008
04/23/2009
tt7i.2,
10/ t 2/2009
D
06/17/2009
10/14/2008
04/23/2009
10/ 12/2009
DNA! -6
04,`2312009
10/12/2009
D-.
04/23/2009
?9
10/12/2009
17 -8
04/23/2009
10/12/2009
D W -9
04/23/2009
10/12/2009
=w-
10/12;2009 j
) 11
10/12/2009
Referenced
Elevation
IOU]
100.61
100.61
I OL1.61
100.57
100.57
100.57
99_38
99.38
99.65
tt7i.2,
101.21
10t.21
101.21
99,
?9
99.19
99.19
99.19
99.29
99.29
100.
L9
100.19
100.75
100.75
100.86
100.86
99.48
101.04
Depth to
Groundwater
NG
10.28
9.43
10.64
9.86
9.99
9.19
NG
8.83
8.40
7.96
9.31
9.06
8.98
8.54
9.26
10.8 -�
10.76
1046
1 1.22
8.43
8.20
7.28
8.70
9.21
8.64
9.79
9.32
10.41
9.6-- 6
10.70
Groundirater
Elevation
NG
90.33
91.1.8
89,97
90.71
90.58>
91.38
NG
90
90,98
91.42
90.07
90.59
90.67
91.11
90.39
90.41
90.45
90.75
89.99
90.76
90.99
91.91
�9Oli
91.41
771
--,
90.40
91.43
90.54
91.20
90 16
90,45
44,37
Benzene Toluene Ethylbenzene Xylenes MTBF
(ttg1L) (uglt.,) (ug /L) (ug[L) (ug /L)
5 I,000 700 105000 I 70
NS
<1
<1
<1
780
514.5
136,3
530
277.2
321 "8
3611
390
416.1
410
NS
<1
235
<I
Mo
212.3
137
NS.
$.o
2.82
6 49
4.12
55
9.94
28.3
12.48
6.2
<10
7.3
7.2
65
321,5
435.4
974A
298.8 7.48
8 12A D 7.5 1
343 5.56
1.b04 410
,564 95
78.39 T� ; q3
29.41 i .85
<1 <1
Ni T Ea
1 . up/L micra� ram, r eHner
2.
NO = Not Gauged
3. IRS = Not Sarrnplcd
4 Not detected above lo, mthcxi deteeaion limit iadiratletl
S. 11016 value:; indicate concentrations above Title 35 IAC Pat 742 Tier ! Gmundwater Kemediation Objectives for Class t groundwater
6 D � The result is bDm a diluted sample
NS
<1
f
�1
830
1, 187x7
786
NS
6.9
2.4
1.83
1.27
320 1)
316 D
;80.6
870
14379 D
1,21.3
680
L,187
533.9
325.7
137.3
112.6
36.53
41 8.40
122.3
4.149
24.65
<I
<l
NS
<3
?.24
<I
6, 89 I
7.030
NS
4
<3
39.73
38.66
6,050
790.5
2,810
653.1
2,980
2.409.4
1.600 D
976.1
3,760
6,310
2,826
2.171
80.1
68.5
36.6
651,7
183.4
6.$72
145.75
62.59
<1
7.5
1 9.38
450
4900
0,50
NS
140
156.4
13_37
50.73
56
67.56
240
221.7
116.3
81..6
< ?.i
<50
49.65
44.53
72.16
69.461
71.1
<125
I11�27
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Legislative Sratr mare
Resolution 10 -79
AUTHORIZATION TO EXECUTE AN AGREEMENT WITH
TIE STATE OF ILLINOIS
FOR NEW EMERGENCIt' VEHICLE PREEMPTION EQUIPMENT
ON NE W TRAFFIC: SIGNAL EQUIPMENT
AT THE INTERSECTION OF GOLF ROAD AND SI-IER1`a!IER ROAD
introduced:
Synopsis:
Purpose:
Backbround:
Programs, Departs
oa, Groups Affected
Fiscal Impact:
Source of Funds:
Workioad Impact:
Admin Recommend:
Second Reading;:
Special Consider or
Requirements:
October 25.2010
To authorize. the Village President to execute an agreement -with the state of IIiinois for new
emergenc)% vehicle preemption (EVP) equipment on. new traffic sigrnal equipment at the.
intersection of Golf Road and Shermer Road.
The agreement between the Village and the state is necessary in order to provide coinmitmernt
from the Village that EVP equipment is desirable and that the Village is willing, to pay for the
equipment.
Emergency vehicle preemption is an additional capability for traffic signals to optically- activate
a traffic signal sequence which gives the. green light to an approaching Fire Department
apparatus and stops all other conflicting traffic movements. The goal of EVP is to make an
emergency response safer and quicker for first responders responding to emergencies. Years
ago, the Village requested permission fro IDOT to install EVP equipment on IDOT's traffic
si from IDOT
at the intersection of Shermer Road and Golf Road. The Village remains the owner of
the equipment and is responsible for maintenance, relocation and replacement costs. The
existing electronic equipment is not compatible with the new equipment and needs to be
replaced. IDOT has a contract to make improvements to the intersection of Shermer Road and
Golf Road. Thecontract bid amount is $1,063,093.55. The Village's estimated share will be
$6,900. The work could begin some with some underground construction in November 201 1,
The Village will not have to pay for this work until 2011 at the earliest.
Department - Public Works Department & Fire Department
Total Estimated Village Cost: $6,900.
This expense has been accounted for in the Draft 2011 Proposed Budget General Fund - Eire
Department Machinery & Equipment Account Number 024015 - 572010.
The Public Works Department, Engineering Division will perform the coordination with the
state as part of their normal work activities.
Approval as presented.
Not required
None
1
Respectfully submitted: ,
Josepl -r4'. Wai
Prepared by: f'
Cnris R. Tomich, Village
e, Village Administrator
Reviewed by:
Engineer
iewed bv:? -�� C
At/dy D orate, Public Works Director
4
Teresa H91ffMan Liston, Corporation Counsel
RESOLUTION M79
AUTHORIZATION TO EXECUTE AN AGREEMENT WITH THE STATE OF ILLINOIS FOR
NEW EMERGENCY VEHICLE PRE- EMPTION EQUIPMENT ON NEW TRAFFIC SIGNAL
EQUIPMENT AT THE INTERSECTION OF GOLF ROAD AND SHERMER ROAD
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule
Ludt 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 signed on June 6, 2007, a Letter of Intent with the state of
Illinois for the improvement of Illinois Route 58 (Golf Road) , known as State Section: 584 Y -N -1; and
WHEREAS, the aforementioned Letter oflntent includes financial and maintenance obligations on
the part of the Village for the construction of State Section: 584 Y -N -l; and
WHEREAS, the state of Illinois has prepared plans for the aforementioned. State Section: 584 Y -N -1.
which the Village has reviewed; and
WHEREAS, the improvement of the aforementioned State Section: 584 Y -N -1 includes
modernization of traffic signal equipment, including Village -owned emergency vehicle pre - emption
equipment; and
WHEREAS, it is desirable to maintain the emergency vehicle pre - emption equipment because it can
increase the safety of first responders traveling to an incident as well as reduce emergency response times;
and
WHEREAS, the estimated cost for the aforementioned emergency vehicle pre - emption equipment
and associated engineering costs is one million sixty -three thousand ninety -three dollars and fifty -five cents
($1,063,093.55), the Village's portion is estimated at six thousand nine hundred dollars ($6,900); and
WHEREAS, in order to facilitate the improvement of Illinois Route 58 (Golf Road) known as State
Section: 584 Y -N -1, the Village agrees to that portion of the plans and specifications relative to the Village's
financial and maintenance obligations described therein; and
WHEREAS, the Draft 2011 Budget accommodates an allocation of six thousand nine hundred dollars
($6,900) in the General Fund (Account No. 024015- 572010) for this uncapitalized expense, and
WHEREAS, in compliance with the aforementioned Letter of Intent, it is necessary for the Village to
appropriate sufficient funds to pay its share of the cost of said improvement.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses
into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth.
SECTION 2: The Corporate Authorities do hereby approve the plans and specifications of State
Section: 584 Y -N - I,
SECTION 3: The President of the Village of Morton Grove is hereby authorized to issue a letter to
the state of Illinois indicating the Village agrees to that portion of the plans and specifications relative to the
Village's financial and maintenance obligations described therein.
SECTION 4: The President of the Village of Morton Grove is hereby authorized to execute and the
Village Cleric is hereby authorized to attest to an Agreement with the State of Illinois provided in Exhibit
.6A,•.
SECTION 5: The Director of Finance /Treasurer is authorized and directed to allocate six thousand
nine hundred dollars ($6,900) in the Draft 2011 Budget General Fund (Account No. 024015- 572010) to meet
the financial obligations of the Village to the aforementioned State Section: 584 Y -N -I.
SECTION 6: This Resolution shall be in full force and effect upon its passage and approval.
PASSED this 25th day of October 2010,
Trustee DiMaria
Trustee Gomberg
Trustee Grear
Trustee Marcus
Trustee Thill
Trustee Toth
APPROVED BY ME THIS 25 "' DAY OF OCTOBER 2010
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 26 "' DAY OF October 2010
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
FAP Route 339
Illinois Route 58 (Golf Road)
State Section: 584 Y -N -1
Lake County
Job No.: C- 91- 363 -07
Agreement No.: JN -110 -015
Contract No.: 6OD25
/_T &N a :
This Agreement entered into this 25``r' day of October 2010, A.D, by and between the
S T ATE OF ILLINOIS, acting by and through its DEPARTMENT OF TRANSPORTATION
hereinafter called the STATE, and the Village of Morton Grove of the State of Illinois,
hereinafter called the VILLAGE.
WHEREAS, the STATE in order to facilitate the free flow of traffic and insure safety to
the motoring public, is desirous of improving approximately 1,076 lineal feet of Illinois Route 58
(FAP Route 339, Illinois Route 58 (Golf Road), STATE Section 584 Y -N -1, State Job Number:
0-91- 363 -07) by widening and resurfacing Illinois Route 58 (Golf Road), from approximately
540 lineal feet west of Shermer Road to approximately 536 lineal feet east of Shermer Road
providing two 12 foot through traffic lanes, one 11 foot left turn lane and one 11 foot right turn
lane in each direction separated by a 4 foot and variable width concrete median. Existing Elm
Street access to Illinois Route 58 (Golf Road) will be terminated and a new cul -de -sac shall be
constructed on Elm Street. Traffic signals will be modernized at Illinois Route 58 (Golf Road) at
Shermer Road complete emergency vehicle pre - emption equipment. New sidewalks and new
Village of Glenview watermain complete with new fire hydrants, valve vaults and appurtenances
shall be constructed from Shermer Road to Illinois Route 43 (Harlem Avenue). Also to be
included will be constructing new curb and gutter, new drainage structures for the storm sewer
system for highway drainage, thermoplastic pavement marking and all other work necessary to
complete the improvement in accordance with the approved plans and specifications, and
WHEREAS, the VILLAGE is desirous of said improvement in that same will be of
immediate benefit to the VILLAGE residents and permanent in nature;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
1. The STATE agrees to make the surveys, obtain all necessary rights of way, prepare
plans and specifications, receive bids and award the contract, furnish engineering
inspection during construction and cause the improvement to be built in accordance with
the approved plans, specifications and contract.
2. The STATE agrees to pay for all right of way, construction and engineering costs, subject
to reimbursement by the VILLAGE as hereinafter stipulated.
3. It is mutually agreed by and between the parties hereto that the estimated cost and cost
proration for this improvement is as shown on Exhibit A.
4. The VILLAGE shall pass a resolution appropriating sufficient funds to pay its share of the
cost for this improvement, a copy of which is attached hereto as "Exhibit B" and made a
part hereof.
The VILLAGE further agrees that upon award of the contract for this
I
mprovement and after January 1, 2011, the VILLAGE will pay to the STATE in a lump
sum from any funds allotted to the VILLAGE, an amount equal to 80% of its obligation
incurred under this AGREEMENT, and will pay to said DEPARTMENT the remainder of
the obligation (including any non - participating costs on FA Projects) in a lump sum,
upon completion of the project based upon final costs.
The VILLAGE further agrees to pass a supplemental resolution to provide
necessary funds for its share of the cost of this improvement if the amount appropriated
in "Exhibit B" proves to be insufficient, to cover said cost.
5, The VILLAGE has adopted and will put into effect an appropriate ordinance, prior to the
STATE's advertising for the proposed work to be performed hereunder, or shall continue
to enforce an existing ordinance, requiring that parking be prohibited within the limits of
this improvement, a copy of which is attached hereto as "Exhibit C ", and will in the future
prohibit parking at such locations on or immediately adjacent to this improvement as may
be determined necessary by the STATE from traffic capacity studies.
6. The VILLAGE has adopted and will put into effect an appropriate ordinance, prior to the
STATE's advertising for the proposed work to be performed hereunder, or shall continue
to enforce an existing ordinance, prohibiting the discharge of sanitary sewage and
industrial waste water into any storm sewers constructed as a part of this improvement, a
copy of which is attached hereto as "Exhibit D"
7. Prior to the STATE advertising for the work proposed hereunder, the disposition of
encroachments will be cooperatively resolved with representatives from the VILLAGE
and the STATE.
The VILLAGE has adopted and will put into effect an appropriate ordinance, prior
to the STATE's advertising for the proposed work to be performed hereunder, or shall
continue to enforce an existing ordinance, relative to the disposition of encroachments
and prohibiting in the future, any new encroachments within the limits of the
improvements, a copy of which is attached as "Exhibit E ".
8. The VILLAGE has adopted a resolution, will send a letter, or sign the Plan Approval page
which is part of this document, prior to the STATE advertising for the work to be
performed hereunder, approving the plans and specifications as prepared.
9. The VILLAGE agrees not to permit driveway entrance openings to be made in the curb,
as constructed, or the construction of additional entrances, private or commercial, along
Illinois Route 58 without the consent of the STATE.
10. The VILLAGE shall exercise its franchise rights to cause private utilities to be relocated, if
required, at no expense to the STATE.
11. The VILLAGE agrees to cause its utilities installed on right of way after said right of way
was acquired by the STATE or installed within the limits of a roadway after the said
roadway's jurisdiction was assumed by the STATE, to be relocated and /or adjusted, if
required, at no expense to the STATE.
12. Upon final field inspection of the improvement and so long as Illinois Route 58 (Golf
Road) is used as a STATE Highway, the STATE agrees to maintain or cause to be
maintained the median, the through traffic lanes lying on either side of the median and
the left -turn turn lanes and right turn lanes and the curb and gutter adjacent to those
traffic lanes and turn lanes.
13. Upon final field inspection of the improvement, the VILLAGE agrees to maintain or cause
to be maintained those portions of the improvement which are not maintained by the
STATE, sidewalks, parkways, crosswalk and stopline markings, VILLAGE owned utilities
including appurtenances thereto and shall maintain the storm sewers and appurtenances
by performing those functions necessary to keep the sewer in a serviceable condition
including cleaning sewer lines, inlets, manholes, and catch basins along with the repair or
reraiacement of inlet, manhole and catch basins' frames, grates or lids. The
maintenance, repair and/or reconstruction of storm sewers constructed as part of this
improvement beyond the aforedescribed responsibilities shall be that of the STATE.
The VILLAGE further agrees to continue its existing maintenance responsibilities
on all side road approaches under its jurisdiction, including all left and right turn lanes on
said side road approaches, up to the through edge of pavement of Illinois Route 58
(Golf Road). Drainage facilities, if any, at the aforementioned side roads located within
the STATE right -of -way shall be the joint maintenance responsibility of the STATE and
the VILLAGE unless there is an agreement specifying different responsibilities.
14. Upon acceptance by the STATE of the traffic signal work included herein the
responsibility for maintenance and energy shall continue to be as outlined in the Master
agreement executed by the STATE and the VILLAGE on November 6, 2004.
Obligations of the STATE and the VILLAGE will cease immediately without penalty or
furher payment being required if, in any fiscal year, the Illinois General Assembly or Federal
funding= source fails to appropriate or otherwise make available funds for this contract.
This AGREEMENT and the covenants contained herein shall be null and void in the
event fare contract covering the construction work contemplated herein is not awarded within the
three years subsequent to execution of the agreement.
This Agreement shall be binding upon and to the benefit of the parties hereto, their
successors and assigns.
Attest:
Tony S. Kalogerakos, Village Clerk
(SEAL)
Village of Morton Grove
By:
(Signature)
By: Daniel J. Staackmann. Village President
(Print or Type)
Date: October 25, 2010
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
By:
Date:
Diane M: O'Keefe
Deputy Director of Highways,
Region One Engineer
PLAN APPROVAL
WHEREAS, in order to facilitate the improvement of Illinois Route 58 (Golf Road) known
as FAP 339, State Section 584 Y -N -1, the VILLAGE agrees to that portion of the plans and
specifications relative to the VILL AGE's financial and maintenance obligations described herein,
prior to the STATE 's advertising for the aforedescribed proposed improvement.
Approved
Title
Date
Village Preside
October 25, 2010
Exhibit A
*Note: The VILLAGE's participation shall be predicated on the percentages shown above for the
specified work. The VILLAGE's cost shall be determined by multiplying the final quantities times
contract unit price plus the percentage shown above for construction and /or preliminary engineering,
STATE
VILLAGE
OF
VILLAGE OF
TOTAL
GLENVIEW
MORTON
GROVE
Type of Work
COST
°lo
COST
%
COST
%
C
All roadway work
excluding
the following:
$
1,0001000
100%
$
n/a
%
$
I n/a
%
$
1,000,000
P &C Engineering
j
(15 0/0)
$
150,000
100%
$
n/a
%
, $
n/a
%
$
150.000
TRAFFIC SIGNALS
Modernization at ILL.
58 Shermer Rd.
! $
220,000
100%
!
!
220, Q00
I P&C Engineering
(15 %)
$
33,000
100%
$
n/a
%
. $
i n/a
%
$
33,000
Emergency vehicle
preemption
$
n /a%
$
n/a
%
$
6,000
100%
$
6,QQQ
P &C Engineering
$
f (15 %)
n/a %
j $
n/a
%
$
900
100%
j $
900
OTHER WORD
Glenview watermain
$
( n/a %
$
215,000
100%
$
n/a
%
$
215,000
Construction
j
1. En ineerin (10%)
$
n/a %
` $
217500 f
100%
$
n/a
%
$
21,500 j
Glenview requested
$
sidewalk
35,200
80%
$
8,800
20
°I°
$
n/a
°l°
$
44,000
P &C Engineering
(15 %)
$
5.280
80%
$
1,320
20%
$
n/a
%
$
6.600
TOTAL
$
154435480
$
2467620
6=900
j
8
1,69 Q)t�0
*Note: The VILLAGE's participation shall be predicated on the percentages shown above for the
specified work. The VILLAGE's cost shall be determined by multiplying the final quantities times
contract unit price plus the percentage shown above for construction and /or preliminary engineering,
"Exhibit B"
FUNDING RESOLUTION
WHEREAS, the Village of Morton Grove has entered into an AGREEMENT with the
STATE OF ILLINOIS for the improvement of Illinois Route 58 (Golf Road) , known as State
Section: 584 Y -N -1; and
WHEREAS, in compliance with the aforementioned AGREEMENT, it is necessary for
the Village to appropriate sufficient funds to pay its share of the cost of said improvement.
NOW THEREFORE, BE IT RESOLVED, that there is hereby appropriated the sum of
SIX THOUSAND NINE HUNDRED dollars ($6,900) or so much thereof as may be necessary,
from any money now or hereinafter allotted to the Village to pay its share of the cost of this
improvement as provided in the AGREEMENT; and
BE iT FURTHER RESOLVED, that upon award of the contract for this improvement and
after January 1st, 2011, the Village will pay to the State in a lump sum from any funds allotted to
the Village, an amount equal to 80% of its obligation incurred under this AGREEMENT, and will
pay to said STATE the remainder of the obligation in a lump sum, upon completion of the
project based on final costs.
BE IT FURTHER RESOLVED, the Village agrees to pass a supplemental resolution to
provide any necessary funds for its share of the cost of this improvement if the amount
appropriated herein proves to be insufficient, to cover said cost.
STATE OF ILLINOIS }
COUNTY OF COOK }
I, Tony S. Kalogerakos, Village Clerk in and for the Village of Morton Grove hereby certify the
foregoing to be a true perfect and complete copy of the resolution adopted by the Village Board
of Trustees at a meeting on October 25, 2010, A.D.
IN TESTIMONY WHEREOF, I have hereunto set my hand seal this 261h day of October, 2010,
A. D.
Tony S. Kalogerakos
Village Clerk
(SEAL)
EXHIBIT C
ORDINANCE NO.
AN ORDINANCE RESTRICTING PARKING ALONG
ROAD WITHIN THE
OF
WHEREAS, the State of Illinois acting by and through its Department of Transportation
is desirous of improving between and in tine
of : and
WHEREAS, a portion of this project runs through the
from
to
and
of
WHEREAS, in order to facilitate the free flow of traffic and ensure safety to the
motoring public, the of determines that the parking along
shall be prohibited.
OF
BE IT ORDAINED BY THE
COUNTY OF
_ COUNCIL OF THE
STATE OF ILLINOIS, as follows:
Section 1. That parking shall not be permitted along the
to within the Limits of tile
Road from
of
Section 2. That the Council of the of
will prohibit future parking at such locations oil or immediately aglacentto as
may be determined and directed by the State of Illinois to be necessary to ensure the free flow of
traffic and safety to the motoring public.
Section 3. The
Ordinance to the agreement dated
and the
of
Clerk is hereby authorized and directed to attach a copy of this
. 20 by and between the State of Illinois
Section 4. That this Ordinance shall be in full force and effect from and after its passage
and approval according to law.
ADOPTED BY THE
COUNTY OF
of 20
VOTE:
AYES:
NAYES:
ABSENT:
ATTEST:
COUNCIL OF THE
STATE OF ILLINOIS, this
OF
day
APPROVED BY ME THIS
DAY OF 20
MAYORIPRESIDENT
CLERK S AWPvProjsuppvAGMTSv01 new agreement 2009 arial.doc
EXHIBIT D
ORDINANCE PROHIBITING THE DISCHARGE
OF SANITARY AND INDUSTRIAL WAS T E INTO
ANY STORM SEWER OR DRAINAGE FACILITY
CONSTRUCTED AS A PART OF THE
IMPROVEMENT
WHEREAS, the State of Illinois acting by and through its Department of Transportation,
is desirous of improving the Road between and
in the
of
and
WHEREAS, said project includes the installation of storm sewers and drainage facilities;
and
WHEREAS, a portion of the project rims through the _
including the installation of storm drains and drainage faciiities;
BE IT ORDAINED BY THE
OF
COUNTY OF
COUNCIL OF THE
of
STATE OF ILLINOIS, as follows:
Section 1. No person, firm, corporation or other entity shall discharge any sanitary
waste or industrial waste water into any storm sewer or drainage facility constructed as part of
the improvement, said limits of improvement being, between
and and a portion of which passes through the
of
Section 2. The Clerk of the of _
and directed to attach a copy of this Ordinance to the agreement dated
by and between the State of Illinois and the of
improvement.
is authorized
, 20
relative to the
Section 3, This Ordinance shall be in full force and effect from and after its passage and
approval according, to law.
ADOPTED BY THE
COUNTY OF
VOTE:
AYES:
NAYES:
ABSENT:
ATTEST:
CLERK
COUNCIL OF THE
STATE OF ILLINOIS. this
day of
OF
APPROVED BY ME THIS
DAY OF 20
?0.
MAYOR /PRESIDENT
EXHIBIT E
ORDINANCE NO,
AN ORDINANCE PROHIBITING ENCROACHMENTS
WITHIN THE STATE OF ILLINOIS RIGHT OF
WAY ALONG
WHEREAS, the State of Illinois acting by and through its Department of Transportation.
is desirous of improving the Road between and
hl the
of
and
WHEREAS, said project is being constructed in order to facilitate the free flow of traffic
and ensure safety to the motoring public, and
OF
follows:
WHEREAS, a portion of said project passes through the
BE IT ORDAINED BY THE
, COUNTY OF
of
COUNCIL OF THE
STATE OF ILLINOIS, as
Section 1. That no person, firm; corporation or other-entity shall install, place, maintain
or construct any structure that encroaches upon the State of Illinois right of way
on the within the limits of the of
Section 2, The Clerk of the of
authorized and directed to attach a copy of this Ordinance to the agreement dated
20 by and between the State of Illinois and the
relative to the improvement of the
is hereby
of
Section3. This Ordinance shall be in full force and effect from and after- its passage and
approval according to la"/,
ADOPTED BY THE
COUNTY OF
VOTE:
AYES:
NAYES:
ABSENT:
ATTEST:
CLERK
COUNCIL OF THE
STATE OF ILLINOIS. this
day of
OF
APPROVED BY ME THIS _
DAY OF 20
20.
MAYOR/PRESIDENT
Rai
Division of Highways/ Region One/ District One
201 West Center Court /Schaumburg, Illinois 60196 -1 096
Project and Environmental Studies
Illinois Route S8 (GolfRoad)
At Shemner, Road
Cook County
March 27, 2007
The Honorable Richard Krier
Mayor
Village of Morton Grove
6101 Capulina
Morton Grove, IL 60053
Dear Mayor Krier:
The Illinois Department. of Transportation (LOOT) is in the process of finalizing
preliminary and environmental studies for the improvement of Illinois Route 58 at
Shermcr Road within the Villages of Glenview and Morton Grove in Cook County.
This improvement is included in our Fiscal Year 2007 to 2012 Proposed Highway
Improvement Prot am, subject to funding availability and project readiness. This will
serve as the Lcttcr of Intent (LOI) between the Village of Morton Grove and IDOT
confinning your con=cnce with the proposed geometry (included} and the Viliage's
cost participation responsibilities for the subject project.
The proposed scope of work for this improvement generally consists of the following:
yyridening the intersection of Illinois Route 5 8 and Shernner Road to provide 1 1 foot
wide left and right wrn lanes on the east and west legs of the intersection, the
construction of a cul -de -sac on Elul Street that will ailov, the implementation of the
proposed westbound to northbound right turn lane, reconfiguration of the south leg to
provide a 14 foot wide left turn lane, aind traffic signal modernization.
Based on previous coordination ivith the Village of Morton Grove, the following
specific items require cost participation by the Village,
U ility Relocation
Public utilities installed in the State's right- of -Nvay (ROW) via pernnit and requiring=
relocation will be rcloeated at no expense to IDOT. The ViIiagne of Morton Grove- will
be
responsible
for 100"e'0 of the cost
for
removal and relocation of its facilities found to
be
in conflict with the Illinois Route
58
at Shernncr Road improvements.
Facilities subject to tine previously- stated condition may- include, but may not be. limited
to: watermain, fire hvdrants, and storm, sanitary, and/or combined sewers. A potential
for conflicts exists along the east side of the south leg of Shermer Road, here new
sidewalk is proposed. A more detailed study of conflicts will be initiated during Phase
iL contractplan preparation.
The Honorable Richard Iu-icr 44155
March 27, 2007
Page Two
Traffic Signal Modernization
Traffic sib Zal relocation and modernization has been proposed at the intersection of
Illinois Route 58 and Shermer Road. The total cost of the traffic signal work at this
intersection is 5225;000. This will include countdown pedestrian signals, battery back-
up, and pedestrian pusil button with momentary LED and audible indication. Federal
funds may be used for 80% of the tzaffic signal costs with the State and Village sharing
in the remainder of the cost, fused on the percentage of approach leg jurisdiction. If
Federal funds are not used, the Federal High -way share would be assumed by the State.
Therefore, the ViIl.age of Morton Grove's share of the costs will be approximately
512,625 plus engineering fees for the south leg of Shermer Road.
EnerE�v and Maintenance Cost for Traffic Signals
Energy and maintenance costs w'll remain as defined in the existing Master Agreement
between Morton Grove and the State, Morton Grove is responsible for 100% of the
energy costs, which are reimbursable per the Master Agreement. Maintenance per the
Master Agreement is equally shared between the Department and Morton Grove.
En,gineerint;
A 15% engineering fee is assessed to the Village of Morton Grove based on the
identified cost participation responsibility. On the above basis, the engineering fee is
estimated at 51,894,
Surnmary of Estimated Costs
The estimated total cost responsibility for the Village, based on the available
information collected during the Phase I process is approximately 514,519, as shown in
the following table. However, this estimate does not include the cost of any necessary,
and as of yet. unlmow�, utility relocations.
IMPROVEMENT i
F'IWA
ENVISION
OF REM�JNING COST
COS i
JLD0T
GLENVIEW
MORTON
GRONT'
Traffic Signal
52021000
525,250 _
512,6'25
512,625
Modernization i
(Sow
(I0 %i
(5 °rb}
(5 %)
x$25,2.500 j
�
j Sub -Total
5202.000
544,222
512.b25
SI2,625 j
_
15% En ineering Fee
j
51.894
51,894
Total
5202,000 (_
x'44,222
014,519
i 514, X19 j
The Honolahie. Richard Kr'
March 27, 2007
Pace Three
At the end of this letter of intent, there is an area where you can state your concurrence
to the cost participation items outlined above. This LOI will be used as a basis during
Phase. 11 to develop or amend the existing Village /State agreement. Please return an
original signed copy of this letter at your earliest convenience, or at the latest, within N
days of its receipt.
If you have any questions or
need additional
information, please contact Mr. Peter E.
Hanmet, Acting
Bureau Chief
of Progranunin ;I
at (��7) 7G'i It
Very truly yours,
Diane M. O'Keefe, P.E.
Depute Director of Highways,
Region One Engineer'
Clarit R. Lao, 11.
Engineer of Program Development
Attachments
cc: Ryan Gillingham, P.E ., Village Engineer
The Honorable Richard Krier
March 27, 2007
Paoe. Four
Project Scope. as
Concur:
Do Not Concur:
Si.anature:
Title:
Date:
Traffic Signal 1\
Concur:
Do Not Concur:
Signature.
Title:
Date:
Illinois Route 58 (Golf Road) at Shermer Road
Letter of Intent
Village of Morton Grove
p e�-
eaisiative Surnmary
Ordinance 16-18
ADOPTING UPDATES TO THE BUILDING CODE REECGU ATIONS
OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE
introduced
Objective
k ul,pose:
Backorrorand:
i'rff( ramll ep.irti ieiits
tar Groups Affected
l` isca;, impact:
Source of Fends:
' orkioad impact:
Administrator
Recommendation:
Second Readingo
Special Considerations or
Requirements:
October 1 ! 2010
To delete outdated buildin <� reQulations.
The purpose of this ordinance is to eliminate an outdated ban on eornbustible buildin<<
construction in the comrnerciai and manufacturino districts.
Tlie Buiiding Department; incoordination with the Fire Depa.rtnlent. researched the
C iFCi'eilt rTrohibttK)Il O_f G0211bus %Ci7iA COnStr[I CJ. loil In other than I- esidentiai districts. in I7? 1
ill. V{11aae e.do(lted a SprllllUel'eQL1riClill r Orginance, amended Ill 1 q9J, requlf IIlo
11 buildings over 1,000 square feet in area of any type construction in C and M zonin«
districts be protected by automatic fire sprinkler systems. In Ii <_rht of current buildup,
code requirements and the ianguage ill Municipal Code Section 9- -? " /�utoniatic Fir;
Extinguisilinent'�. the Buildin <n Coillmissioner aild r�ire C iliief feel the proposed larlaua_F °.
change will provi&. an acceptable level of Fire, and life safetv protection. The propo(Scd
language will allow buiidin TS In tile. C and M Zoi1in(i amr]cis to be constructexd with
noncombustible walls (metal or masonry) and combustible wood roofs (Type 1111
coristructioil) or eombustible wal'is (wood or brick veneer) and cornbustibie wood r0011'")
(Type, construction) where the building is limited to a maximum of 4.S00 square feet in
area. nn more than one stor)!, or 15 feet, in height. and is separated from all other
buildings by atleast 30 feet.
Department ofBuiidina and Inspectional Services and Fire Departnlew L.
AlenligibI
`3o, applicable.
None.
Approval as preseiIi;ed.
Required —Code Amendinenm
Noi)e
Administrator Approval
Joseph F Wad ' ViIIage Administrator
Prepared by:
Ed Hil'dehrandt, Building Cornrnissioner
-� f
Reviewed bv? ' °flay
t eresa Hoffman �o`slin, Corporation CounsC
Reviewed by:
Tom FtyCl "Fire Chief
a
ADOPTING UPDATES OF THE 13UILDING CODE REGULATION'S
WHEREAS. the Village of Morton Grove (VILLAGE), located in Cook County. Illinois,
is a home rule unit of government under the provisions of Articie 7 of the 1970 Constitution of
the State of Illinois. can exercise any power and perform any function pei- raining to its
government affairs, includin(a but not limited to the power- to tai: and incur debt; and
WHEREAS, the Villace is continually in the process of reviewing, and as necessary
updating existing Municipal ordinances; and
WHEREAS, as part of that review process_ Title 10. Chapter 1 entitled. "BLUL DING
CODE" has been reviewed and in tweed of updatin (r_ and
WHEREAS,, the Village is desirous of assuring all ordinances are kept current and
relevant.
NOW, THEPLEFCIRE DE I1" ORDAINE D B ' THE PRESIDE J T AND DC)ARD OF
TRUST ES O>~ THEE VT! LAGS Chi MOF�TON GROVE, COOK COUNT r Y. IL LIN01S AS
FgOLLOWS:
SECTION 1: The Corporate ACtthorItleS do hereby incorporate the foregoing
WHEREEAS lauses into this Drdlnance as thom.n? fully Set foi h thcrcin thereby rnakl na th°
findings as hei•einabove set forth.
SECTION ?: Title 10. Chapter I of the Municipal Code of the Vill
age of Moitoz? Grove
is llereb;- amended by repealing the. amendinerrt to Table 503 in Section 10-1-1 -B-? and
replacing it with a new amendment to Tablc 503,
Table 510 — Allowable HPi(.rht and Buddim_� Area. Add footnote "d," to the heading
Type III and add footnote "e" to the heading Type V; and the followinO.
Footnote text to the bottom of tile, table:
d. Type III construction shall Fre pern2iited within any C of hf zoning district
when Iiinited to a maximum floor area of 4.500 sq ft., one story (1 feet) iii
height. and 30 ft fire separation on all sides.
e. Type V construction shall be per fitted within any C or M zoning district
when limited to a maximum floor area of 4.50G) sq ft. one story (15 feet) in
height, and 30 ft fire separation on alI sides.
SECTION 3: This Ordinance steal! be i ? full force and effect from and after its passage.
approval and publication in pamphlet form according to lave.
PASSED this 25t" day of October 2010.
Trustee DiMlaria
Trustee Goynbcr(r
Trustee Grcar
Trustee Marcus
s rustee ' 1^: 11
Trustee l oth
API 7ED by rric this 2� "' dad- of October 2010,
Daniel( -i. Sfaackrnai , Villaot President
%ilia (Ue of Morton Grove
Cool: Couri . Illinois
AN ROVE'D and FILED in my ofttce this
} 7E } 1
u; day o't �1Ctotie -I` !;.
onv S. Ka}o.wa«l <os. Vtltage.Clert;
- %illage of Morton Grove
Cook County, Illinois