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HomeMy WebLinkAbout2010-12-13 Agenda1. 2 A" jjyA MEETING OF THE iA,i OF • TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER Call to Order Pledge of Allegiance 3, Roll Call 4 .5. 6 7 8 9 December 13, 2010 7:00 pm Approval of Minutes — Regular Meeting of November 22, 2010 Special Reports a. Transportation Grant Recognition to State Representatives Lou Lang and John D'Amico b. Plan Commission Case PC 10 -03 requesting a special use for the property commonly known as 6000 Oakton Street for alterations to an automobile service station mini -mart will be presented by Plan Commission Chairperson. Ron Farkas. c. Presentation of Proposed 2010 Budget by Village Administrator Joseph F. Wade and Finance Director /Treasurer Ryan Horne Public Hearings a. 2011 Budget Request for the 2011 Calendar Year Residents' Comments (agenda items only) President's Report — Administration, Northwest Municipal Conference, Council of Mayors, TIF Committee, Capital, Projects, Real Estate Committee a. Establishment of Village Board Meeting Dates for Calendar Year 2011 b. Board and Commission Chairperson Appointments for Calendar Year 2011 C, Establish Regular Meetings for Various Boards, Commissions, Committees, and Subcommittees for Calendar Year 2011 d. Administrative Appointments for Calendar Year 2011 Clerk's Report — Legal, Cable and Telecommunications Commission 10. Staff Reports a. Village Administrator 1) Reminder of the December 27, 2010, Village Board Meeting Cancellation 2) Miscellaneous Reports and Updates b. Corporation Counsel 11. Reports by Trustees a. Trustee DiMaria — Community and Economic Development Department, Waukegan Road TIF Review, Comprehensive Plan, Real Estate Committee, Lehigh /Ferris TIF Review, Economic Development, Dempster Street Corridor Plan (Trustee Thill) b. Trustee Gomberg — Finance Department, Community Relations Commission, finance Advisory Commission, Northwest Municipal Conference, Condominium Association (Trustee Toth) 1) Ordinance 10 -23 (Introduced November 22, 2010) (Second Reading) Adopting the Budgets for All Corporate Purposes of the Village and the Morton Grove Library, Cook County, Illinois for the Calendar Year Effective January 1, 2011 and Ending December 31, 2011 2) Ordinance 10 -24 (Introduced November 23, 2010) (Second Reading) Levying and Assessing Taxes for the Village, Cook County, Illinois for Fiscal Year Beginning January 1, 2011 . and Ending December 31, 2011 3) Resolution 10 -84 (Introduced December 13, 2010) Tax Abatement Resolution for the 2010 Tax Levy Relating to ordinance 98 -41 4) Resolution 10 -85 (Introduced December 13, 2010) Tax Abatement Resolution for the 2009 Tax Levy Relating to Ordinance 99 -01 5) Resolution 10 -86 (Introduced December 13, 2010) Tax Abatement Resolution for the 2009 Tax Levy Relating to Ordinance 02 -30 6) Resolution 10 -87 (Introduced December 13, 2010) Tax Abatement Resolution for the 2009 Tax Levy Relating to Ordinance 07 -26 7) Resolution 10 -88 (Introduced December 13, 2010) Tax Abatement Resolution for the 2009 Tax Levy Relating to Ordinance 09 -05 8) Resolution 10 -89 (Introduced December 13, 2010) Tax Abatement Resolution for the 2009 Tax Levy Relating to Ordinance 09 -15 9) Resolution 10 -90 (Introduced December 13, 2010) Tax Abatement Resolution for the 2009 Tax Levy Relating to Ordinance 09 -28 10) Resolution 10 -91 (Introduced December 13, 2010) Tax Abatement Resolution for the 2009 Tax Levy Relating to Ordinance 10 -01 11. Reports by Trustees (continued) b. Trustee Gomberg (continued) 11) Ordinance 10 -22 (Introduced November 22, 2010) (Second Reading) Amending Title 7, Chapters 4, Water Regulations, and Chapter 5, Sewer Regulations of the Municipal Code of the Village and Establishing Water and Sewer Rates 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 Ilealth, Police and Fire Commission, IT Communications, Chamber of Commerce (Trustee Gomberg) 1) Ordinance 10 -25 (Introduced December 13, 2010) (First Reading) Amending Title 7, Chapter 6, Sections 12 and 13 Entitled "Pollution Control Facility" of the Municipal Code of the Village e. Trustee Thill — Public Works, Capital Projects, Traffic Safety Commission, Natural Resource Commission, Solid Waste Agency of Northern Cook County, Advisory Commission on Aging (Trustee Marcus) 1) Resolution 10 -82 (Introduced December 13, 2010) Appropriation of 2011 Motor Fuel Tax Funds for the Maintenance of Streets and Highways — MFT Section 11- 0000 -OOGM 2) Re3 alut1 if itU 03 ( Inlroduced December 13, Zvi 0) Authorizing the Execution of a Service Contract with Municipal GIS Partners (MGP) for Geographical Information System Services £ Trustee Toth — Building Department, Appearance Commission, Capital Projects, Plan Commission /Zoning Board ofAppeals (Trustee Great) 1) Ordinance 10 -26 (Introduced December 13, 20 10) (First Reading) Granting a Special Use Permit for an Automobile Service Station Mini -Mart in the Village 12, Other Business 13. Presentation of Warrants — $1,727,301.53 14. Residents' Comments 15, Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate 16. Adjournment -To ensure full accessibility and equal participation for all interested citizens, individuals with disabilities who plan to attend and who require certain accommodations in order to observe and /or participate in this meeting, or who have questions regarding the accessibility of these facilities, are requested to contact Susan or Marlene (8471470 -5220) promptly to allow the Village to make reasonable accommodations. 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. I I. Village Clerk Tony Kalogerakos called the roll. Present were: Trustees Larry Gomberg, Bill Grear, Shel Marcus, John Thill, and Maria Toth, Trustee DiMaria was absent with notice. a. Regarding the Minutes of the November 8, 2010 Regular Meeting, Trustee Toth moved, seconded by Trustee Grear, to accept the Minutes as presented. There was no discussion. Motion passed unanimously via voice vote. • Reg2rdinri !ha I'll CZ[I{'e •. of the S"1Gnt. -;I X111 r. •• {; r:n F(�.: .... n rsS �l Trustee /'�.__ t y PZj IV II) a j�cl lai lvicciH iy of ivuvember o, 2U1 U, I f ustee 1 ear moved to accept the Minutes as presented, seconded by Trustee Thill. There was no discussion. Motion passed unanimously via voice vote. c. Regarding the Minutes of the Special (Budget) Meeting of November 9, 2010, Trustee Thill moved, seconded by Trustee Marcus, to accept the Minutes as presented. There was no discussion. Motion passed unanimously via voice vote. IV. PUBLIC HEARINGS NONE V. SPECIAL REPORTS 1. Presentation of Fire Department Poster Contest Winners a. Mayor Staackmann thanked everyone for coming out on this wet, cold evening. Fire Chief Tom Friel introduced himself and stated that the poster contest is now in its 18th year. It was the brainchild of Captain Bill Porter and coincides annually with Fire Prevention Week. Captain Porter goes to every school in the community to teach children about fire safety. All the schools are invited to participate in the poster contest. This year, 188 entries were submitted. V. SPECIAL REPORTS (continued) b. Captain Porter noted that the Firefighters Association reviewed every poster and judged them based on how correct they were, how clear the message was, and the artwork. He said it was very difficult to choose this year because so many excellent posters were turned in. The Fire- fighters Association also sponsors the awards. C. Captain Porter said the winners in each category will receive two awards: a Ben Franklin 50 -cent piece (because of Ben Franklin's contribution to fire safety) and a plaque with a digitized photo of their poster on it. d. The winners were as follows: • Kindergarten: Neel Patel, Jerusalem Lutheran • First Grade: Mariam Ahmed, MCC Full -Time School • Second Grade: Olivia Phillips, Hynes School • Third Grade: Madison Precht, Hynes School (a three -time winner!) • Fourth Grade: Terrel Tesorero, Hynes School • Fifth Grade: Farheen Shethwala, MCC Full -Time School • Sixth Grade: Rachel Albers, Golf Middle School (first winner EVER from Golf School!) Sixth Grade: Sam Conkle, Park View School b • Seventh Grade: Sara Grosse, Jerusalem Lutheran • Eighth Grade: Erin Naumann, Jerusalem Lutheran (also a previous winner) • Overall Winner: Renata Epple, Jerusalem Lutheran VI. A plaque was also presented to Principal Naumann of Jerusalem Lutheran in recognition of his school's being the Overall Winner of the poster contest. RESIDENTS' COMMENTS (Agenda Items Only) Tony Kovacs, 8302 Austin, Mr. Kovacs said he appreciates the Board's work on the 2011 Budget in trying to keep taxes low without doing any service cuts, but felt they had missed an opportunity to enhance fees. He suggested that the discounted rate for vehicle stickers for seniors be eliminated. Mr. Kovacs said that it's not necessarily the case that seniors are the poorest segment of the population. It's true that seniors are not receiving a cost of living in- crease in Social Security next year, but there are many non - senior households not getting a paycheck at all. He said it's difficult to justify reduced rates for vehicle stickers given the Village's economic condition. He felt that eliminating the $30 discount would give the Village about $3,000 for every 100 seniors or $30,000 for every 1,000 seniors. He said that since he wasn't sure how many stickers were sold at reduced rates, these numbers were illustrative. The elimination of the discount would cost seniors less than 58¢ a week. He said it's a fact that seniors already enjoy tax reductions on property tax, extra exemptions on federal income taxes, and free rides on CTA and Metra. For Village residents, senior discounts on vehicle stickers and water bills means more cost for non - seniors, because the money has to come from somewhere. Mr. Kovacs said he was soon to be eligible for senior discounts himself, but nevertheless hoped that the Board would consider his suggestion. He said that "tough times call for tough decisions,'` and the Board had to do what would be in the best interests of the whole Village. K VII. Minutes of Navemt�er32,2D10 8aatil Meeii` "'` RESIDENTS' COMMENTS (Agenda Items Only) Joe Hedrick. Mr. Hedrick, representing American Legion Post 134, thanked the Board and all the residents who have made it a "great year" for the Legion. He pointed out that there will soon be a show on Channel 6 about what the Legion does and how it benefits Morton Grove, The Village's local community staff also prepared a You Tube version. He said it's great to have the Legion and the Village working together. He thanked the Village for its donation to the Thanksgiving for sailors event and read a letter to that effect, which he asked Clerk Kalogerakos to enter into the public record. Mayor Staackmann asked Mr. Hedrick to provide some details about the Thanksgiving event. He said they have a bus that goes up to Great Lakes Naval Station and brings down about 50 recruits. A full day is planned for them, including bowling, video games, entertainment, the Veterans' display at the Historical Museum, a huge sit -down dinner served by volunteers (including Village Board members), and an incredible sweet table. Best of all is the fact that 10 phone lines are made available to these recruits so they can call —free of charge — anywhere in the world, with no time restriction (other than being cognizant that many of their colleagues also want to use the phones). Mr. Hedrick said that this Thanksgiving event is really catching on, and more and more residents are supporting it by volunteering with donations and helping to serve the food. He thanked the Board again for their cooperation and significant contribution. Trustee Marcus commended Mr. Hedrick and his wife, Donna, who is president of the Legion's Auxiliary, for all the work they do for this event. Mr. Hedrick said the chairman of this is Casey Pocara, and he is the driving force behind this. Trustee Marcus said he'd like to publicly acknowledge Casey for spearheading this great event. Mayor Staackmann proclaimed the month of De Prevention Month" in the Village, noting that the deadly times of the year for impaired driving. He and policies to reduce the incidence of impaired healthier behaviors regarding the use of alcohol and throughout the year. cember as "Drunk and Drugged Driving (3D) holiday season is traditionally one of the most encouraged everyone to support programs driving problems, and to promote safer, and drugs this December holiday season 2. Mayor Staackmann sought concurrence for three reappointments to the Community Relations Commission: Marian Thill, Samina Hussain, and Tony Kovacs. Trustee Thill so moved, seconded by Trustee Marcus. Motion passed unanimously via voice vote. 3. Mayor Staackmann wished everyone a safe and happy holiday. Vlll. 1. Clerk Kalogerakos noted that any resident who wished to address the Board during residents' comments should fill out a form found in the back of the room and bring it up. 2. Clerk Kalogerakos commented that last week saw the passing of beloved former Mayor Dan Scanlon. He expressed his condolences to the Scanlon family. 3 '' =Mi�iuies „�f Novemiaex;22x01�1 Bo'axd, i►+iei�tiii�° IX. STAFF REPORTS A. Village Administrator 1. Mr. Wade said that the 2011 Budget process has so far included three budget meetings and a Budget Overview in October. All those meetings were taped and shown on television multiple times. All were publicly announced, and all provided an opportunity for residents to comment He thanked Pioneer Press, Patch, and TribLocal for their significant coverage of the budget- ing process. a. Mr. Wade noted that the numbers for the Public Library have been updated for tonight's presentation. b. Mr. Wade said the budget process began last summer. He thanked the Village department heads and staff for recognizing that we are still in a sluggish economy by minimizing expenditures. Since 2008, $1.2 million dollars in personnel costs have been eliminated, with other people picking up the work. The 2011 Budget calls for a 3.5% property tax increase to support the General Fund. Water rates will increase 3% annually for the next five years for capital project initiatives (such as the work done on the Dempster Street water main, which cost $1.7 million). The Village's water utilities are under - appreciated —until something goes wrong' c. The 2011 Budget will also see the gradual phase -out of the senior water discounts. The discount is presently 50 %; it will be reduced to 40% in 2011, 30% in 2012, 20% in 2013, and 10% in 2014. This is because the water system cannot afford the $230,000 annual price tag for the 50% discount. Mr. Wade commented that Morton Grove's water rate discount for seniors is an anomaly. There are only two other communities that offer a water rate discount ir2a nnr4 (`nm+n( I atrial d nni +kl r oni....t + ono �% G:nti � :UIi I iv un .Vheme close tV JLf lU. c. The senior bus service, which costs $30,000 annually, will also be eliminated. Tree planting and tree trimming programs will also be reduced, as will the cardio- pulmonary resuscitation sessions offered by the Fire Department. Mr. Wade then turned the presentation over to Finance Director Ryan Horne. e. Mr. Horne went through a PowerPoint overview of the budget covering the Tax Levy, the General Fund, and the Water Fund. He said the Village's objectives for the 2011 Budget were to have a balanced budget with long -term sustainability. He said what residents pay on their real estate tax bills depends on what township you live in and what school districts are in your area. He pointed out a few taxes that are common to all property owners (such as the Mosquito Abatement District, the Park District, the Forest Preserve District, etc.) The Village's portion is 12% to 15% depending on where you live. f. There were no increases in the property tax levy in 2008 or 2009, but a 3.5% is recommended for 2010 (to be collected in 2011). That will amount to $337,724 of revenue for the Village. 9. Mr. Horne said, regarding the Village's Debt Service Fund, that a portion of the property tax increase will be allocated to it in 2011 plus some of the home rule sales taxes. h. Total tax levy includes the Public Library, whose tax levy this year is 15.62 %, for a combined tax levy of 6.2 %. Because the total tax levy is over 5 %, a Public Hearing will be held on the Tax Levy on December 10 at 7:00 p.m. (Note: Subsequently this Public Hearing was changed to December 9, 2010 at 5:30 p,m.) ; _ MinutesbfNoveinbex�2 ,N�010Sa��CtlM��xi�a "� IX. STAFF REPORTS (continued) Mr. Horne said this is the first balanced budget since 2007. Fund balances are being maintained at or near the Village's 25% standard. j. He said the proposed tax increase will have an impact of about $30 on a $300,000 home and $40 on a $400,000 home (before exemptions). Trustee Toth asked if that impact was annually. Mr, Horne said it was. Trustee Thill asked if that impact included the Library. Mr. Horne said it only reflected the Village's portion. The combined total levy is 6.2 %. k. Trustee Marcus asked if the Library passes its own budget and sets its own levy and if the Village can comment on it. Mayor Staackmann asked Corporation Counsel Liston to respond. Ms. Liston explained that the Library passes its own budget, but does not have the ability to pass a tax levy. That can only be done by the Village. The Library sends their budget and levy request to the Village Board, and the Board is required to pass it as long as it's in conformance with certain legal guidelines. Trustee Marcus asked if, as an elected official, he could query that levy, or if the Board has no input into the Library's levy. Ms. Liston said the Board has the right to ask questions of the Library's representatives. There will be two Public Hearings and she hoped that the Executive Director would attend them to respond to questions. If Trustee Marcus' question is, does the Village have the right to reduce the Library's levy, the answer is no. Mr. Horne then discussed the Water /Sewer Enterprise Fund. He explained that an enterprise fund is one in which services are provided on a cost- recovery basis to parties outside the government (i.e., residents and businesses are the customers). The Budget for 2011 shows :7 o f i 'his fund. said, fnr n r r fund, n }{ n n }n Y in u 6 5,0,,, d�f�„ {L .n ,hI� fu1 u. He 0a{, 1v1 an enterprise fu d, a better indicator of a'ab{litd ;a cash flow. Looking at cash flow statements, there will be a deficit at the end of 2010. By 2013, the deficit could reach $1.2 million. m. Mr. Horne noted that the Village is losing approximately 10% revenue annually due to aging and ineffective water meters. Mayor Staackmann pointed out that it could be seen as a "lost expense" too, because the Village is paying the City of Chicago for water and the Village is not recouping all of it, due to the ineffective water meters. Some capital projects, including a water meter upgrade /replacement program, are being paid for by the bonds issued earlier this year, n. Mr. Horne said that the Village hired the Municipal & Financial Services Group (MFSG) in 2007 to provide a cost of service study, a cost of service analysis, and develop a rate model for water sales and sewer usage to ensure the Village's water and sewer rates are recovering the cost of these proportionately among users. According to their findings, presented in March 2008, the Village's sewer rates do not produce sufficient cash revenue to cover cash requirements —in fact, cash revenue is roughly 49% less than what is required. Also, the Village has a significant amount of water and sewer infrastructure that has exceeded its useful life. Other findings note that the Village is equitable in distributing the costs among the users of the system, the Village's senior citizen discount for water service is "very generous ", and the Village does not charge new customers a capital connection fee for buying into its water and sewer systems. 5 IX. STAFF REPORTS (continued) Minuto4,01NowiAb0.r.,2 01D card t�"9 o. The study's conclusions are that (1) the Village needs to increase water and sewer rates over the next five years to keep revenues in line with expenses and to fund necessary capital projects; (2) the Village should plan to invest "significantly" in its aging water and sewer systems over the next 10 to 20 years in order to continue to provide reliable water and sewer service to its customers; and (3) the Village should adopt a capital connection fee so that current customers are not subsidizing the cost of serving new customers. P. The MFSG recommended that the Village formally establish reserves for operating and maintenance of water systems and for repair, renewal, and rehabilitation of them. They also recommended that the Village invest, at a minimum, $1 million annually in its water distribution system and $.45 million annually in its sewer system. They further recommended the elimination of the senior discount and recommended a meter replacement program charge so that the water meters could be replaced every 15 to 20 years without issuing bonds. q. Mr. Horne said that the recommendations for the 2011 Budget include a 3% increase in water and sewer rates, a meter replacement fee, a capacity fee for new services, and the beginning of the elimination of the senior discount. The Finance Advisory Committee, which was established, in part, to "advise the Corporate Authorities regarding the general long -term and strategic financial direction of the Village", reviewed all these recommendations and agrees that they are necessary. The impact on the average user of the meter replacement fee and the 3% increase is about $6.65 more each bill. The impact on a user currently receiving the senior discount would be about $8.09 more each bill. Implementing these changes will help reduce the projected 2013 deficit from $1.2 million to only about $106,000. r. Trustee Grear thanked the Finance Advisory Commission and the Mayor for establishing it. He said it was immensely helpful to him to have another commission review this data and comment about it. B. Corporation Counsel: Corporation Counsel Liston had no report. X. A. Trustee DiMaria: Trustee DiMaria was absent —no report. B. Trustee Gomberg: 1. Trustee Gomberg presented for a first reading Ordinance 10 -23, Adopting the Budgets for All Corporate Purposes of the Village of Morton Grove and the Morton Grove Library, Cook County, Illinois, For the Calendar Year Effective January 1, 2011 and Ending December 31, 2011. 0 �_ _ _. _ ,_ ,. r : < . •; �Iflinutes �f Naveinber,22, 201ti�rcl.fillee#�i X. TRUSTEES' REPORTS (continued) B. Trustee Gomberg: a. Trustee Gomberg said that the figures in the Ordinance currently are not correct in that the packets were delivered to the Trustees on Thursday, but the Library's figures were not received by the Village until late Friday. b. Trustee Gomberg said he would read the most up -to -date and accurate figures and the Board would be provided with up -to -date copies this week. The Budget will be available for inspec- tion at the Village Administrator's office and the Public Library, and is posted on the Village's website. A Public Hearing on the Budget will be held on December 13, 2010, in conjunction with the Village's regularly- scheduled Board Meeting. c. Trustee Gomberg said that the Village's total budget is $56,979,243 and the Library's total budget is $3,165,848, for a combined grand total of $60,145,091. He invited the Public to re- view the budget at the venues mentioned previously. d. Mayor Staackmann asked Mr. Wade if residents who have questions regarding the Library's budget and levy should address their questions to him. He said he could coordinate the ques- tions and get them to the Library so the Library can respond. Trustee Marcus noted that there would be a Public Hearing so that residents and the Board could get answers to their ques- tions. Mayor Staackmann agreed that that would present an opportunity as well. 2. Trustee Gomberg then presented for a first reading Ordinance 10 -24, Levying and Assess- ing Taxes for the Village of Morton Grove, Cook County, Illinois, for the Fiscal Year Be- ginning January 1, 2011 and Ending December 31, 20111 He explained that the Village's budget requires a tax levy amount of $11,210,486. The Village is also required to levy an additional $9,654,711 for debt service payments, for a total levy be- fore abatements of $18,136,715. The levy for the Public Library is $3,099,519, for a combined total levy of $21,236,234. However, the Board will adopt Resolutions abating $8,453,851 from the levy, resulting in a net levy in the amount of $12,782,383. These abatements will be made because the abated amounts will come from sources other than property taxes, but by law must be included as part of the property tax levy. Trustee Gomberg said he wanted to point out that the difference between the Village's portion of this year's tax levy and its portion of last year's tax levy is 3.5 %, while the difference in the Library's portion this year is 15.6% over last year's. 3. Next, Trustee Gomberg introduced for a first reading Ordinance 10 -22, Amending Title 7, Chapter 4 (Water Regulations) and Chapter 5 (Sewer Regulations) of the Municipal Code of the Village of Morton Grove and Establishing Water and Sewer Rates. He explained that, pursuant to the recommendations of the Municipal Financial Service Group, this ordinance provides for a 3% annual rate increase for a five -year period and the phasing -out of the senior water rate discount program. This will ensure sustainability for the Water /Sewer Fund. This amendment is expected to provide a net increase to Water Fund revenue of $203,360 in fiscal year 2011. 7 X. TRUSTEES' REPORTS (continued) C. Trustee Grear: 1. Trustee Grear asked for a moment of silence to remember former trustee and former Mayor Dan Scanlon. 2• Trustee Grear then presented Resolution 10 -81, Authorizing the Purchase of Simulation Emergency Training Software and Hardware Equipment. He said that, in May of 2010, the fire department had received notice that it received a federal Assistance to Firefighters Grant in the amount of $27,200. This grant had been applied for with the Village of Niles for the purchase of innovative, interactive proprietary simulator train- ing software and computer hardware known as the "Flame -Sim 4 Station Mobile Center." This will fund 8 computers with associated software /hardware to be deployed between Morton Grove and Niles fire stations. The grant requires a 20% match from both Villages in the amount of $5,440. The Village will remit the whole 20% match and will invoice the Village of Niles for its portion of the match, which is $2,720. Trustee Grear moved to approve Resolution 10 -81, seconded by Trustee Thill. Motion passed: 5 ayes, 0 nays. Tr. OiMaria absent Tr. Gomberg afire Tr. Grear a rye Tr. Marcus afire Tr. Thill aye Tr. Toth aye Trustee Grear thanked District Chief Frank Rogers and Captain Bill Porter for their efforts in obtaining this grant. D. Trustee Marcus: 1. Trustee Marcus presented Ordinance 10 -21, Amending Title 5, Chapter 9, Section 9, Entitled "Municipal Parking Zones" of the Municipal Code of the Village of Morton Grove. This is the second reading of this ordinance. a. Trustee Marcus said there had been some discussion since this ordinance was first intro- duced, that the ordinance should be amended to be more fitting to this particular location. He therefore moved to amend Section 5 -9 -9 C by adding the following sentence: "Any vehicle parked in the municipal parking lot located at 8550 Lehigh without displaying a parking permit for said parking zone shall be considered an unlawful vehicle and, in addition to any other pe- nalty, shall be subject to towing pursuant to Chapter 7 of this title." Trustee Thill seconded the motion. b. Trustee Grear asked for an explanation. Trustee Marcus asked Ms. Liston to clarify. She said this suggestion came from the Police Department. This particular parking lot is "permit only ". Permits must be purchased before anyone can park there. If someone parks there who didn't pay for a permit, they are depriving someone who did pay from having a space. The Police Department felt that, under those circumstances, the penalty should be more than just a park- ing ticket. This amendment gives them the authority to tow such cars as "unlawful vehicles ". U . a- >, ; . ,, alVlinutes;ef ldovember�2, �g1D.�oard,M�etiig'i X. TRUSTEES' REPORTS (continued) D. Trustee Marcus: C. There being no further discussion, Mayor Staackmann called for the vote on the motion to amend Ordinance 10 -21. Motion passed: 5 ayes, 0 nays. Tr. DiMaria absent Tr. Gomberg ave Tr. Grear ave Tr. Marcus ave Tr. Thill ,afe Tr. Toth are d. Trustee Marcus then moved to adopt Ordinance 10 -21 as amended, seconded by Trustee Toth. Motion passed: 5 ayes, 0 nays. Tr. DiMaria absent Tr. Gomberg ffe Tr. Grear ave Tr. Marcus aye Tr. Thill aye Tr. Toth aye 2. Trustee Marcus extended his sympathies to the Scanlon family, noting that Dan was truly a hero to them and to Morton Grove. He said it was unique that the former mayor passed away on Veterans' Day. Dan will be sorely missed but he left some wonderful memories. 3. Trustee Marcus wished everyone a happy Thanksgiving, and, to his Jewish friends and neighbors, a Happy Chanukka. E. Trustee Thill Trustee Thill had no report. F. Trustee Toth: Trustee Toth had no report. X. OTHER BUSINESS NONE XI. WARRANTS Trustee Gomberg presented the Warrant Register for November 22 2010 in the amount of $1,164,227.65. He moved to accept the Warrants, seconded by Trustee Thill. a. Trustee Thill had a question about a check for $2,600 listed on page 3 of the Warrants, paya- ble to the Cook County Treasurer for `'property on Narragansett." Mr. Horne said that was the property tax payment, the Village has applied for an exemption for it. The Village will not pay that invoice, pending revised figures. 0 XI. WARRANTS (continued) mjn6tis ofNoveh)ber2 eef�rY b. Trustee Thill had a question on page 5 of the Warrants regarding "Field Testing for Water Me- ters". He said he thought that was done in- house. Public Works Superintendent Paul Tobin responded that the Village only has the capability to test 2" or smaller in diameter water me- ters in- house; the larger ones have to be sent out. C. There being no further discussion, Mayor Staackmann called for the vote. Motion passed: 5 ayes, 0 nays. Tr. DiMaria absent Tr. Gomberg 2ye Tr. Grear aye Tr. Marcus aye Tr. Thill awe Tr. Toth aye d. XII. RESIDENTS' COMMENTS Eiinore Davis. Ms. Davis wanted to share with the Board the results of her visit to the Library on October 28th. Her findings will provide insights, especially as the Library's budget is discussed. As a former high school principal, she made North Central visitations to many high schools, evaluating buildings, programs, and staff. She decided to do the same with the Morton Grove Library, because there's discussion of building a new $20 —$27 million building. She visited the Library approximately every two hours on the 28th, to assess the number of adults, children, and teens on a typical weekday, and see all of the building and see the programs in progress. At 9:30 a.m., 12 adults came for a workshop; at 3:30 p.m., when they dispersed, they numbered 17. Most of the day, the adults present in the library were working on computers. For the day, the adults totaled 55, including those tending to pre - school child- ren. Children during the day totaled 16. ,There were 6 young teens waiting for rides at 5:20pm, and 3 older teens at 7:30pm, a total for the day of 9. She took a tour with Director Shapiro, and noted that stacks on the second floor needed thinning. She thought the removal -T shelving Yt iii Yh P } pl{ V ioe O some sn�g woulu enabie a iamb �o k)c uiit to `[iieSc stacks. nil c�CVaiv1 (s available to get to the second floor. During the day, she observed no patrons perusing books on the second floor. The staff offices are lovely, recently reconstructed, and are located behind the reference desk. There is good use of space, as offices are shared by staff members with different hours. The staff lounge in the basement could use brightening. The updated kitchen is sometimes used for by local school children for cooking classes. The teen area is cozy and centrally located, surrounded by media collections. The children's library is colorful and filled with children's books and computers, as well as a newly- created activity room. The reference area is bright and airy, but under - utilized. She said she suggested to Director Shapiro that more computers could be set up there. It seems ideal, especially since most reference work these days is done on computers. One of the two reference librarians could supervise the computer usage, which is required by Village ordinance. The 1960 vintage boilers will need replacing at some point with something more energy efficient, as will some of the air conditioning. Parking has increased by the rental of 20 spaces in St. Martha's parking lot. Ms. Davis said, in conclusion, the library seems low on computer space, which could be alle- viated by making better use of the reference area. Staff areas are beautiful, and the library should look to a future with a very stable Village population. Residents are very happy with the current library and the programs offered. With the inter - library system, residents have access to other libraries, should they need to. Therefore, a new library building, which would increase the already -heavy tax burden to residents, does not seem necessary, especially in light of a 15.6% proposed tax levy for the Library's 2011 Budget. do r eL y. m;' utesfiWo rz,xaa4o*w,$�ng Xiil. ADJOURNMENT /EXECUTIVE SESSION Trustee Thill moved to adjourn the meeting. Trustee Marcus seconded the motion. Motion passed unanimously via voice vote. The meeting adjourned at 8:29 p.m. PASSED this 13th day of December, 2010, Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 13th day of December, 2010. Daniel J. Staackmann, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 14th day of December, 2010. Tony S. Kaiogerakos, Village Clerk Village of Morton Grove, Cook County, Illinois Minutes by Teresa Cousar 11 To: Village President and Board of Trustees From Ronald L. Farkas, Chairman, Planning Commission Date, December 8, 2010 Public Notice Legal notice for this public hearing was published in the Morton Grove Champion newspaper on October 28, 2010. Public notice letters were sent to property owners within 250 feet of the subject property on October 28, 2010. A public notice sign was placed on the subject property, also on October 28, 20101 Applicant and Request Summary The applicant, Nasri Ayasra (Austin - Oakton Service Inc.), requests approval of a Special Use and associated variations for proposed alterations to an automobile service station mini -mart. The request includes a front setback zoning variation for the existing canopy. Mr. Ayasra appeared before the Commission at the public hearing and testified on behalf of this request. Testimony included the following information: Testimony On November 15, 2010, a public hearing was conducted by the Morton Grove Plan Commission after notice of said hearing was published in the Champion newspaper on October 28, 2010, written notification was sent to property owners within 250 feet of the subject property and a sign was posted on the property as required by ordinance, regarding: Plan Commission case PC 10 -03, wherein the applicant, Austin- Oakton Service, Inc. by Nasri Ayasra, 2 -S 730 Williamsburg Ct., Oak Brook, IL 60523, requested a special use permit and zoning variations for proposed alternations to an existing automobile service and mini -mart station located at 6000 West Oakton Street, to allow the conversion of one service bay to a sales area for food beverages and other cold goods. The request also includes a front yard setback zoning variation for the existing canopy. Sohn D. Said, Director of Community Development and Village Planner, introduced the case on behalf of the Village. He reviewed the details of the request, namely that the site is zoned M2, General Manufacturing, and consists of approximately 24,964 square feet (0.57 acres). It is Richard T. Flickinger Municipal Center 6101 Capulina Avenue * Morton Grove, Illinois 60053 -2995 Tel: (847) 965 -4100 Fax: (847) 965 -4162 located on the northwest corner of Oakton Street and Austin Avenue and is bounded on the west by the Charhouse Grill, on the north by an industrial warehouse building occupied by Sko -Die, on the east by Austin Avenue; across Austin is a warehouse /industrial building, and on the south by Oakton Street; across Oakton is a truck parking area and an industrial /warehouse facility which is located in the Village of Skokie. The Village's 1999 Comprehensive Plan designates the site as industrial. He further explained that the applicant proposes to convert the eastern -most of the station's three service bays into a sales area for food, beverages and other cold goods. This sales area will be enclosed with a new wall and window as well as a new door along the front to replace the existing larger overhead door. New planters with landscaping will be installed along the exterior of the new wall, Otherwise the site will stay unchanged; that is, the other two service bays, gasoline pumps and the canopy will remain. Nasri Ayasra, on behalf of the applicant, was sworn under oath and testified further that the proposed changes are motivated to utilize the building's space more efficiently so as to generate more income. He testified that gasoline stations have come to depend more and more on sales of food, beverages and candy. The members of the Plan Commission questioned Mr. Ayasra concerning the project, Commissioners' questions focused on the following topics (Mr. Ayasra's responses are in parentheses): ® Store and business operations including the expanded convenience mart area relative to the remaining garage service area. (The garage areas, while they will be in a smaller service area, will contin� e to f! inction as a conventional service station operation.) ® Fire Department requirements. (The applicant will be required to meet all applicable requirements; in many ways the conversion of space from a garage to a convenience mart makes it less of a potential fire hazard.) ® Parking and snow storage. (Most parking will be "at pump" customers that might purchase convenience goods while buying gasoline. Larger snow accumulations will be removed from areas of traffic circulation.) ® Regarding the traffic study, Commissioner Blonz noted that not only was the traffic consultant not present to be examined, but his traffic study was the least adequate he had ever seen submitted to the Commission. (The Applicant said he did not know the consultant had to appear; he also reiterated that the proposed project is not anticipated to increase traffic and the site will continue to rely on pass -by traffic for customers). Village staff agreed with Applicant. The Commission asked if anyone present wished to be heard concerning the project, to which there was no response. Findings of Fact The Plan Commission reviewed the Standards for a Special Use, as specified in Section 12 -16 -4C of the Unified Development Code, The Commission concurred with, and based their decision on, these findings. 2 Preservation of Health, • and Welfare . establishmentr maintenance and operation of the Special Use will not be detrimental to endanger public health, safety, morals or general • The proposed convenience mart use and associated variation 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 improving the appearance of this site. Adjacent Pr•- - Special U- should not be injurious to the use and enjoyment of other property the immediate vicinity for permitted in the zoning district, • The proposed project represents a minor change from the existing use on the site. This existing use is generally less intensive than uses on adjacent sites, which are primarily industrial. The new building exterior and other improvements to be installed will improve the appearance of this site from nearby properties. Adjacent taxpayers and properties were all notified of this request. • The existing property is located within the M2 "General Manufacturing" zoning district, and the project represents a very minor change in the existing use on the subject site; which is in a built - out area. The project will therefore not impede the normal and orderly development of other uses in this district. It will contribute to the community and support businesses in the community. • The minor conversion of a service bay to a convenience mart does not change requirements for utilities, access roads, drainage and other existing facilities. These facilities currently provide adequate services to this site and the surrounding area. • No changes to existing traffic are expected due to this minor site change. Existing ingress and egress points will be maintained. 3 ® The minor change to the subject site will not change operations on this site; therefore no additional screening is required adjacent to the surrounding commercial and industrial uses. • The proposed Special Use will be required to meet all Village Codes and Ordinances except for the existing canopy's placement (setback) that was requested by the applicant, and approved by the Commission. The Plan Commission concluded that the variation, which is an after - the -fact variation, is warranted based on the request and applicant testimony. The project otherwise conforms to applicable requirements. Commission Recommendation Commissioner Dorgan moved, and Commissioner Roepenack seconded, to recommend approval of the Special Use with variation, after - the -fact, for this project. The motion carried: Yes 5; No 0; Absent 2 The voting: Chan0man Parleas A, . 1 1. c Commissioner Blonz Aye Commissioner Dorgan Aye Commissioner Gabriel Absent Commissioner Ramos Absent Commissioner Roepenack Aye Commissioner Shimanski Aye The Plan Commission's recommendation is subject to the following conditions: 1. The proposed alterations to Austin- Oakton Service Inc. shall be constructed in accordance with the following: ® Site Plan "Sheet 3" (no date), prepared by Design Partners Ltd. for Commission review; ® Fagade & Landscape Plan "SK- 1018" (no date), prepared by Design Partners Ltd.; and Typical Floor Plan "Sheet 6" (no date), prepared by Design Partners Ltd, 2. The following variation be granted: ® A 1.5' (1'6'� variation, after - the -fact, to allow a front yard setback of 8.5' (8'6 ") feet for the existing canopy. F 3. Any outdoor refuse and /or recycling areas shall be provided in a solidly screened enclosure area to be approved by the Building Commissioner, 4. The hours of operation for this facility shall be limited to: Monday through Friday 5 a.m. to 11 p.m., Saturday 6 a.m. — 11 p.m., and Sunday 7 a.m. — 8 p.m. 5. Landscaping on the subject site shall be maintained so as to maintain sight distance visibility for traffic and driveway intersections on the subject site and adjacent sites. 6. The applicant shall install parking blocks in those parking spaces adjacent to public sidewalks in a manner to minimize vehicle overhang onto the public sidewalk. 7. The accessible parking spaces on the subject site shall be relocated, if required to conform to applicable accessibility requirements. 8. All employee parking, refuse /recycling containers, and snow removal equipment shall be located within the solid fenced enclosure at the north end of the property. 9. Snow plowing, storage and removal shall be completed in such a manner so as to maintain site accessibility for parking, walking and vehicular access. I: \Commissions \p1anning \2010 \PC 10 -03 AUSTIN- OAKTON SERVICE INC \pc10 -03 commission report.doc 9 LEGAL NOTICE - PUBLIC • VILLAGE OF MORTON GROVE, ILLINOIS PROPOSED BUDGET REQUEST I .. The Village of Morton Grave will hold a public hearing at 7:00 pm on Monday, December 13, 2010, at the Richard T. Flickinger Municipal Center, 6101 Capulina Ave., Morton Grove, Illinois for the purpose of hearing written or oral comments from the public concerning the proposed annual budget for the calendar year ending December 31, 2011, as contained in the proposed budget surnmarized below. Legislative Administrative Legal Community & Economic Development Finance Management Information Systems Police Fire & Paramedic Services Civil Preparedness Public Works - Streets & Sidewalks Public Works - Vehicle Maintenance Public Works - Engineering Family & Senior Services Civic Center Building & Inspectional Services Municipal Services Reserves Total General Corporate Fund Motor F qI Tax F!_!.nd Public Library Fund Lehigh /Ferris -Tax Increment Financing Fund Economic Development Fund Waukegan Road -Tax Increment Financing Fund Commuter Parking Facility Fund E -911 Emergency Telephone System Fund Debt Service Fund Capital Projects Fund Enterprise - Water /Sewer Fund Enterprise -Fire Alarm Fund Enterprise - Municipal Parking Fund Enterprise -Solid Waste Fund C.N.A. Pension Fund Firefighters' Pension Fund Police Pension Fund Total All Non- General Funds TOTAL ALL FUNDS Expense Revenue $ 104,200 358,575 317,400 102,650 2,034,474 430,279 81515,399 6,903,008 13,142 1,863,775 649,753 356,050 95,158 181.090 360,220 137,600 673,200 $ 23,095,973 $ 23,1091895 h635,508 578F 100 3,165,848 31099,519 51618,658 4,900,000 352,094 315, 000 21114,109 8902750 130,850 140,250 260,000 247,350 1,954,529 11683,013 41746,000 942,807 10,502,784 91867,747 60,000 60,250 61500 72.250 1,847,487 11856,386 913,000 9687989 21339,700 2,9101192 21402,052 21723,571 $ 37,049,118 $ 317256,174 $ 60,1451091 $ 54.366.069 A copy of this information, the entire budget and additional background materials are available for public inspection during normal business hours at the Richard T. Flickinger Municipal Center, 6101 Capulina, Morton Grove, Illinois 60053 or on the Village's website www.mortongroveil.org. A copy of the entire budget is also available at the Morton Grove Public Library, 6140 Lincoln Ave, Morton Grove, Illinois 60053. Sincerely, Ryan J. Horne, Finance Director /Treasurer THE REGULAR MEETINGS OF THE BOARD OF TRUSTEES OF T14E VILLAGE OF MORrFON GROVE FOR 2011 WILL BE HELD ON THE SECOND AND FOURTH MONDAY OF THEMONTH AT THE RICHARD 'I'. FLICKINCER MUNICIPAL VENTER 6101 CAPULINA AVENUE, MORTON GROVE, ILLINOIS AT 7:ao PM All Village Board meetings are held at 7:00 pm and are open to the public during the months and on the dates as follows: ,January 10 July I I January 24 July 25 (cancelled) February 14 August 8 February 28 August 22 (cancelled) March 14 September 12 March 28 September 26 April I 1 October 10 April 25 October 24 May 9 November 14 May 231 November 28 Julie 13 December I2 June 27 December 26 (cancelled due to Christmas) 710 ensure fill accessibility and equal participation for all interested citizens, individualss with disabilities who plan to attend and who require certain accommodations in order to observe andlor participate in this meeting, or who have questions regarding the accessibility of these facilities, are requested to contact Susan or Marlene (847/470 -5220) promptly to allow the Village to snake reasonable accommodations. (egis (t enddlvearly meeting notice Richard T. Flickinger Municipal Center 6101 Capulina Avenue Morton Grove, Illinois 60053 -2985 Tel: (847) 965 -4100 Fay:: (847) 965 -4162 Advisory Commission on Aging Appearance Commission Cable and Telecommunications Commission Community Relations Commission Economic Development Commission Board of Environmental Health Finance Advisory Commission Fire and Police Commission Natural Resources Commission Plan Commission /Zoning Board of Appeals Traffic Safety Commission Alice Rupkey — Chairperson Deanna Gotta — Chairperson Ron Fine — Chairperson Samina Hussain — Chairperson David Lewis — Chairperson Georgianne Brunner, Chairperson Doug Steinman, Chairperson Michael Simkins, Chairperson Mary Busch, Chairperson Ronald Farkas, Chairperson Keith White, Chairperson The above named officials are submitted for appointment or reappointment to the positions noted and are approved as of December 13, 2010. Daniel J. Staackmann, Village President Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053-2985 4 lwt Tel: (847) 965 -4100 Fax: (847) 965 -4.162 � Recycled E'atter f THE REGULAR MEETINGS OF VARIOUS BOARDS, COMMISSIONS, COMMITTEES AND SUBCOMMITTEES OF THE VILLAGE OF MORTON GROVE FOR 2411 WILL BE HELD AT VARIOUS TIMES AND LOCATIONS AS LISTED _ To ensure, full accessibility and equal pcirticil)ation for all interested citizens, individuals with disabilities who plan to attend and who require certain accommodations in order to observe and /orharticipale in this meeting, or 1+tho have questions regarding the accessibility of these facilities, are requested to contact Susan or Mariene (84711470 -5220) promptly to al/mv the Village to make reasonable accommodations. Richard T. Flickinger Municipal Center 6101 Capulina Avenue ® Morton Grove, Illinois 60053 -2985 Tel: (847) 965 -4100 Fax: (847) 965 -4162 ReCyclod "am Time Bates Location Advisory Commission on AQi11g _1:00 _ rn 2 °' Tuesday every _ Civic Center_ A carance Review Commission_ – 7:00 i-n l" Monday of every month Council Chambers Board of Environmental Health Cable and "Telecommunications 7:00 _m I" Tuesday of every month Trustees Conference Room_ 7:30 in Twice yearly (date varies) Council Chambers Commission C011.1111unity Relations Commission 7:30 pin 211.1 Tuesday (every, other month) Trustees Conference Room Economic Development Commission 5:30 pm 3'd Monday of every month Trustees Conference Room Fair 1-iousintr Commission — - -- Varies Varies Varies ffinance Advisory Conunission - - -- — 7:00 pill 4'1' Wednesday of every month _ _I Trtistees Conference Room } ire aild Police Commission � 7:00 pill 4 Tuesday every 111011th Fire Station 94 lre Pension Board 3:00 )ill 3 "Tuesda y (Quarterly) _ }-ire Station 44 Natural Resource Commission _ 6:00 pnl 3 " Monday every 111011th Tr °usf:ees Conference Room Plan Commission 7:30 m P 3 "' Monda every month 1 �' Council Chamber's- Police Pension Board _ 5:00 pill Quarterly_ varies Police Station Traffic Safety Comillission :39P111 I" '- Fhursday ever ,month _ Council Chant ber —_ �Z,onnlg Board of Appeals 7:30 111 3'd Monday every month COUIiCII Chambers To ensure, full accessibility and equal pcirticil)ation for all interested citizens, individuals with disabilities who plan to attend and who require certain accommodations in order to observe and /orharticipale in this meeting, or 1+tho have questions regarding the accessibility of these facilities, are requested to contact Susan or Mariene (84711470 -5220) promptly to al/mv the Village to make reasonable accommodations. Richard T. Flickinger Municipal Center 6101 Capulina Avenue ® Morton Grove, Illinois 60053 -2985 Tel: (847) 965 -4100 Fax: (847) 965 -4162 ReCyclod "am Village Administrator Adjudication Officer Building Commissioner Community and Economic Development Director Corporation Counsel EMA Coordinator Family and Senior Services Director hinance Director/Treasurer Firi_� Cnle! Police Chief Public Works Director Villagc Prosecutor Joseph F. Wade Elizabeth M. Rocliford Ed Hildebrandt John D. Said Teresa Hoffman Liston John Hill Jackie Walker - O'Keefe Ryan Horne i`om Friel Mark Erickson Andy DeMonte Frank Tennant The above named officials are submitted for al3pointnient /reappointment to the positions noted and are approved as of December 13, 2010. Daniel J. 5taackmann, Village President Richard I . Flickinger Municipal Center 6101 Capulina. Avenue 6 Morton Grove, Illinois 60053 -2985 Tel: (847) 965 -4100; Fax: (847) 965 -4162 440 tl [Zucycled Paper Legislative Summary Ordinance 10 -23 AN ORDINANCE ADOPTING THE BUDGETS FOR ALL CORPORATE PURPOSES OF THE VILLAGE OF MORTON GROVE AND THE MORTON GROVE LIBRARY, COOK COUNTY, ILLINOIS FOR THE CALENDAR YEAR EFFECTIVE JANUARY 1, 2411, AND ENDING DECEMBER 31, 2011 Introduced: November 22, 2010 Synopsis: This ordinance formally adopts the Village's 2011 Budget. Purpose: The 201 1 Budget represents the Corporate Authorities' projections of revenue which are expected to become available during fiscal year 2011, as well as recommended expenditures for the Village. Background: i The Budget was presented at the October 26, 2010, Village Workshop and discussed and revised pursuant to three additional meetings including a public hearing to be held on December 13, 2010. Public notice of the hearing was published in the Pioneer Press newspaper on November 25, 2010. The Budget has been available for inspection at the office of the Village Administrator, the Public Library, and posted on the Village's website since at least November 30, 2010. )Budget Summary: Fund Description Budget General Corporate Fund $23,0951973 Motor Fuel Tax Fund 635,508 Enhanced 911 Telephone System Fund 260,000 Economic Development Fund 352,094 Commuter Parking Lot Fund 130,850 Enterprise Fund (Water /Sewer) 1014611784 Enterprise Fund (Fire Alarm) 601000 Enterprise Fund (Municipal Parking) 61500 Enterprise Fund (Solid Waste) 118473487 TIF Fund — Lehigh /Ferris 51618,658 TIF Fund — Waukegan Road 211141109 Debt Service Fund 1,954,529 CNA Pension Fund 913,000 Firefighters Pension Fund 2,3391700 Police Pension Fund 2,402,052 Capital Projects Fund 41746,000 Total Budget — Village of Morton Grove $567938,243 Total Budget — Morton Grove Public Library 311651848 Budget Grand Total — Village and Library $60 104 091 Administrator Approval as presented. Recommendation: Second Reading: Required Special The budget is required to be passed before December 31, 2010 Considerations or Requirements: �- Respectfully submitted: Prepared by: ,losepjq. Wade, Vill Reviewed by: Teresa Administrator Horne ,/Finance Director /Treasurer Liston, Corporation Counsel AN ORDINANCE ADOPTING THE BUDGETS FOR ALL CORPORATE PURPOSES OF THE VILLAGE OF MORTON GROVE AND THE MORTON GROVE LIBRARY, COOK COUNTY, ILLINOIS FOR THE CALENDAR YEAR EFFECTIVE JANUARY I, 2011, AND ENDING DECEMBER 31, 2011 WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its goverment affairs, including but not limited to the power to tax and incur debt; and WHEREAS, pursuant to Ordinance 97 -53 enacted on the 11 "' day of November 1997, the Corporate Authorities of the Village of Morton Grove established by a two- thirds majority vote of the Village Board then holding office, the budget system, all as authorized pursuant to Statute 65 ILCS 5/5 -2 -9.1 and pursuant to said statute and local ordinance, the Village Administrator of the Village of Morton Grove has previously prepared and compiled the contents of the 2011 Budget and presented said Budget in tentative form for consideration by the Village Board; and WHEREAS, the proposed annual budget has been made conveniently available for public inspection in the Office of the Village Administrator at least by November 30, 2010, such date being at least ten (10) days prior to the date of passage of this Ordinance by the Village Board; and WHEREAS, the Village Board held a public hearing on the proposed annual budget on the 13`" day of December 2010, such date being not less than one week after the proposed budget was made available for inspection; and WHEREAS, notice of such hearing was given by publication in the Pioneer Press Newspaper which is a newspaper of general circulation in the Village, at least one week prior to the time of said hearing; and WHEREAS the budget documents are too voluminous to attach to this ordinance, but comport with the budget recapitulation attached hereto as Exhibit "A" 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 annual budget of the Village of Morton Grove, Illinois for the calendar year beginning January 1, 2011 and ending December 31, 2011, pursuant to the official budget documents currently kept in the Office of the Village Administrator shall be and is hereby adopted. SECTION 3: The Annual Budget of the Morton Grove Public Library for the fiscal year beginning January 1, 2011 and ending December 31, 2011, is attached hereto as Exhibit "B" shall be and is hereby adopted SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 13 °i day of December 2010. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thili Trustee Toth APPROVED by me this 13t" day of December 2010. Daniel J. Staaekmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 14"' day of December 2010. Tony S. Kalogerakos, Village Cleric Village of Morton Grove Cook County, Illinois VILLAGE OF MORTON GROVE AND M, GROVE PUBLIC LIBRARY BUDGET i CALENDAR YEAR JANUARY DECEMBER Fund Description Budget General Corporate Fund $23,095,973 Motor Fuel Tax Fund 635,508 Enhanced 911 Telephone System Fund 260,000 Economic Development Fund 352,094 Commuter Parking Lot Fund 130.850 Enterprise Fund (Water /Sewer) 10,461,784 Enterprise Fund (Fire Alarm) 60,000 Enterprise Fund (Municipal. Parking) 6,500 Enterprise Fund (Solid Waster) 1,847487 TIF Fund — Lehigh /Ferris 5,618,658 TIF Fund — Waukegan Road 1114,109 Debt Service Fund 1,954,529 CNA Pension Fund 913,000 Firefighters Pension Fund 2,339,700 Police Pension Fund 2,402,052 Capital Projects Fund 41746,000 Total Budget — Village of Morton Grove $56,938,243 Total Budget — Morton Grove Public Library 3,165,848 Budget Grand Total — Village and Library 60,104,091_ I ' i ' S !_ Property Tax Receipts 3,0991510.29 Replacement Tax Receipts 227868.00 Fines 31,501.33 Lost Materials Payments 11728.00 Photocopying /Printing Receipts 3,552.00 Miscellaneous Income 21216.00 AV Rental Receipts 544.00 Grants 0.00 Interest Income 27961.33 Book Sale Receipts 0.00 Donations 966.67 Tota 1 3,165, 847.62 Total Revenues: 31165,847.62 Total Resources: 391659847.62 r PERSONNEL Salaries Retirement Health Insurance Long Term Disability Life insurance Subtotal: PATRON MATERIALS & SERVICES Books Periodicals Audiovisuals Microforms Programs Photocopier Acquisitions & Maintenance Computer Network Database Access Charges a 17717,478.74 184,059.40 191,069.00 1,121.80 1,796.78 25095,525.72 140,887.00 22,100.00 64,600.00 1,200.00 46,750.00 16,184.57 109,597.00 118,606.00 OPERATIONS Maintenance Equipment /Furniture Acquisitions Utilities Insurance Library Supplies Telephone Postage Printing Continuing Education /Meetings Memberships Professional Services Consultant Services Miscellaneous Facilities Planning Reserve /Emergency Delivery Subtotal: SPECIAL TAXES rirn n r- ikim Annual Audit Tort Liability Subtotal: s •_ Total Appropriations: 113,670.00 10,000.00 15,000.00 32,457.00 35,020.00 36,200.00 12,959.40 52,300.00 9,000.00 6,000.00 31,933.80 10,000.00 1,000.00 10,000.00 20,000.00 5,400.00 400,940.20 131,387.12 4,000.00 14,070.00 1493 457A 2 ORDINANCE 10 -24 AN ORDINANCE LEVYING AND ASSESSING TAXES FOR THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2011 AND ENDING DECEMBER 3I, 2011 Introduced: Synopsis Purpose: Background: Summary of Appropriations to be levied and Assessed: Administrator Recommendation: Second Reading: Special Considerations or Requirements: Respectfully submitted Reviewed by: November 22, 2010 This ordinance sets the levy for property taxes for tax year 2010 which are collected in 2011. This ordinance must be adopted and filed with the Cook County Clerk in order to levy property taxes within the Village of Morton Grove. Pursuant to Ordinance 10 -23, the Village Board of Trustees passed the 201 1 Budget for the Village of Morton Grove and the Morton Grove Public Library. Said budget calls for expenditures in the amount- of $60,104,091. The amount necessary to be levied for 2010 property taxes in the amount of $1 1,581,523. By law the Village is required to levy an additional $9,829,406 for debt service payments authorized by general obligation notes and bonds for a total levy before abatement in the amount of $21,410,929. However, the Village Board intends to adopt Resolutions which will immediately abate $8,628,546 from the levy resulting in the net levy as intended by the Corporate Authorities in the amount of $12,782,383. Fund Tax Levy Requirements Abatements Net 2010 Levy Corporate $4.392,477 $0 _ $4,391477 IVIRF 189.775 0 189.775 C.N.A. 297,989 0 297.989 Capital Improvements 100.000 0 100,000 Police Pension 1,657,571 0 1.657.571 Fire Pension _ 1.844,192 0 1,844.192 Subtotal $8,482.004 $0 $8.482 WIA Debt Service Bonds Notes Total Debt Service TOTAL VILLAGE TAX LEVY LIBRARY COMBINED TOTAL LEVY Approval as presented. Required $5,817,008 012.398 $9.829.406 ($5.135.673) (3.492.873) ,628,546 $681.335 519.525 $1.200.860 $18,311,410 ($8,628 546) $9.682 864 $3M99.5 19 $0 $3,099.519 $21,410,929 ($84628,546) $12 782 383 A certified copy of this resolution must be filed with the Cook County Clerk. f . tG�f r e, Village Administrator eresa I- IoffmanListon, Corporation Counsel Prepared by: Ry6n Hofrf%, Finance Director /Treasurer FITH 1' �' _ ' I' AN ORDINANCE LEVYING AND ASSESSING TAXES FOR THE VILLAGE OF MOR'T'ON GROVE, COOK COUNTY, ILLINOIS FOR FISCAL YEAR BEGINNING JANUARY 1, 2011 AND ENDING DECEMBER 31, 2011 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, on December 13, 2010, the President and Board of Trustees of the Village passed and approved by roll call vote, the annual Appropriation Ordinance 10 -23 of said Village for the fiscal year beginning .January 1, 201 1, and ending December 31, 2011, effective from and after .January 1, 2011. The Ordinance was duly signed and approved by the President and Board of Trustees of the Village and attested by the Village Clerk; and thereafter it was duly published in pamphlet form by order of the President and Board of Trustees of the Village; and WHEREAS, the President and Board of Trustees of the Village have determined it is in the public interest to levy the following amounts as indicated on said Ordinance for the objects and purposes hereinafter set forth, pursuant to law and Article VII, Section 6, of the Constitution of the State of Illinois; and WHEREAS, a Notice of the Public Hearing was published in the December 2, 2010, Pioneer Presa' in the time and form as required by the State Statute; and WHEREAS, a Public Hearing was held at 5:30 pm on Thursday, December 9, 2010, in the Richard T. Flickinger Municipal Center where comments were heard and addressed by the Village Board of Trustees; and WHEREAS, the aforementioned Appropriation Ordinance as adopted on December 13, 2010, provided for a total property tax levy including the total levy for all Debt Service requirements before abatements of TWENTY ONE MILLION FOUR HUNDRED TEN THOUSAND NINE HUNDRED TWENTY -NINE DOLLARS ($21,410,929); and WHEREAS, the Village will subsequently pass additional resolutions abating tax levies relating to the refunded General Obligation Bonds Series 1999 for ONE MILLION FIVE HUNDRED NINETY -FIVE THOUSAND EIGHT HUNDRED THIRTY -THREE DOLLARS ($1,595,833) and the refunded General Obligation Bonds Series 2002 for FOUR HUNDRED FORTY -FIVE THOUSAND THREE HUNDRED FORTY -FOUR DOLLARS ($445,344) and the share provided for by the Village Water /Sewer Fund for ONE MILLION TWO HUNDRED TWENTY -SEVEN THOUSAND SEVEN HUNDRED SIXTY -EIGHT DOLLARS ($1,227,768) and from the proceeds related to the share of the local option sales tax totaling FOUR HUNDRED FORTY THOUSAND DOLLARS ($440,000) and the share provided for by the Village Lehigh Ferris Tax Increment Financing Area Funds for THREE MILLION FIVE HUNDRED FIFTY -SEVEN THOUSAND FOUR HUNDRED THIRTY - THREE; DOLLARS ($3,557,433) and the share provided for by the Village's Waukegan Road Tax Increment Financing Area Funds for SEVEN HUNDRED NINETY -NINE THOUSAND ONE HUNDRED EIGHT DOLLARS ($799,108) and the share provided for by the Debt Service Fund for FIVE HUNDRED SIXTY THOUSAND FIVE HUNDRED SIXTY DOLLARS ($560,560) and an additional TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500) from General Village Funds accumulated through interest earnings; and WHEREAS, the result of the above abatements will be to reduce the gross property tax from the original TWENTY ONE MILLION FOUR HUNDRED TEN THOUSAND NINE HUNDRED TWENTY -NINE DOLLARS ($21,410,929) as indicated in this Ordinance to a net property tax levy of TWELVE MILLION SEVEN HUNDRED EIGHTY -TWO THOUSAND THREE HUNDRED EIGHTY -THREE DOLLARS M? 7821383), a reduction of EIGHT MILLION SIX HUNDRED TWENTY -EIGHT THOUSAND FIVE HUNDRED FOURTY -SIX DOLLARS ($8,628,546). 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 total amount of appropriations for all corporate purposes legally made and to be collected from the tax levy of the current year is hereby ascertained to be the sum of TWENTY ONE MILLION FOUR HUNDRED TEN THOUSAND NINE HUNDRED TWENTY -NINE DOLLARS ($21 ,410,929) being the total appropriation heretofore legally made which are to be collected from the tax levy of the current year. SECTION 3: The sum of TWENTY ONE MILLION FOUR HUNDRED TEN THOUSAND NINE HUNDRED TWENTY -NINE DOLLARS ($21,410,929) being the total of appropriations heretofore legally made which are to be collected from the tax levy of the current year of the Village subject to taxation for the current year, the specific amounts as levied for the various funds being included herein being placed in separate columns under the heading "Amount to be Raised by Tax Levy" which appears over the same, the tax so levied being for fiscal year 201 1 of said Village, and for the said appropriation to be collected from said tax levy, to be applied to liquidation of the appropriations heretofore made by Ordinance No. 10 -23 adopted by roll call vote by the President and Board of Trustees of said Village at a meeting thereof regularly convened and held on December 13, 2010, and being as follows: SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 13"' day of December 2010 Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 13`x' day of December 2010. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 14'x' day of December 2010. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 10 -84 TAX ABATEMENT RESOLUTION FOR 2010 TAX LEVY RELATING TO ORDINANCE NO 98 -41 Introduced: Synopsis Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: Respectfully submitted Reviewed by: Teresa Ho December 13, 2010 This resolution authorizes the abatement (reduction) of taxes levied for 2010 which are collected in 2011 in the amount of $269,8961 Pursuant to the 201 1 Budget, the Village has chosen to pay for certain semi - annual bond debt service payments from sources other than property taxes. In order for the County Clerk not to levy said debt service payments, it is necessary to pass this resolution and to file a certified copy of same with the County Clerk of Cook County, Illinois. On September 28, 1998, pursuant to Ordinance 98 -41, the Village Board issued $3,165,000 in general obligation promissory notes, Series 1998A. Said ordinance provided the levy of taxes for the year 2010 include sufficient funds to produce $269,896, which represents the debt service payment for 2011. The 2011 Village Budget has allocated revenue from the Waukegan Road TIF Fund of the Village in the amount of $269,896 to pay the above referenced debt service. The law requires the Village to levy taxes as required by Ordinance 98 -41, but then may abate said taxes pursuant to a resolution which identifies the alternative source of revenue and obligates the Village Treasurer to set aside and designate those funds to pay the required note payments. Finance Department This resolution shall reduce the levy for property taxes in the amount of $269,896. N/A N/A Approval as presented. None Required A certified copy of this resolution must be filed with the Cook County Clerk. F F./ bade, Village Administrator iaia` /Liston, Corporation Counsel Prepared by: / t' /7'`___ x Y Ryan E6orne, HlTb'nce Director /Treasurer WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt:, and WHEREAS, the Village of Morton Grove (VILLAGE) has issued THREE MILLION ONE HUNDRED SIXTY -FIVE THOUSAND DOLLARS ($3,165,000), General Obligation Promissory Note Series 1998A, providing financing for various land acquisitions and related purposes for the Waukegan Road 'hax Increment Financing Area (known as Project "A "), and which provided for the levy and collection for direct annual tax for the payment of the principal and interest of said bonds for the year 1998 through 2016 at an interest rate of 5.32 %, pursuant to Ordinance 98 -41, passed by the President and Board of Trustees of said VILLAGE on September 28, 1998, certified copy of said ordinance having been filed in the Office of the County Clerk on October 22, 1998; and WHEREAS, said note is designated as "General Obligation Promissory Note, Series 1998A" dated July 6, 1998, in the aggregate principal amount of THREE MILLION ONE HUNDRED SIXTY -FIVE THOUSAND DOLLARS ($3,165,000), and shall be due and payable on July 6, 2018, having installment pn v`i "f? !!��o ot1-it �]n11)1 I1 1 !�11 t�Y77t�t'FI 6 art /Y Ti�i</ 1 �,i (11 Q __J _L1. eats due seine °anll LuatI Vii Ta ♦.,a acLJ .. ; 1 t?ro�!ah 2101 8 WHEREAS, provision has been made in said ordinance for the levy of taxes for the year 2010 sufficient to produce the amount of TWO HUNDRED SIXTY -NINE THOUSAND EIGHT HUNDRED NINETY -SIX DOLLARS ($269,896), for said payment of principal and interest on said note up to and including December 31, 2011; and WHEREAS, the Village has appropriated revenue from the Waukegan Road TIF Fund of the Village in the amount of TWO HUNDRED SIXTY -NINE THOUSAND EIGHT HUNDRED NINETY - SIX DOLLARS ($269,896) to pay said principal and interest on said promissory note and said funds shall be separately designated for the payment of principal and interest due as heretofore specified when the above indebtedness is due. 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: There shall be abated for the levy of taxes for the tax year 2010 for taxes which are collected in 2011 in the amount of TWO HUNDRED SIXTY -NINE THOUSAND EIGHT HUNDRED NINETY -SIX DOLLARS ($269,896) leaving the net property tax levy with respect to Ordinance 98 -41 ZERO ($0), for said tax year as provided in an ordinance entitled: ORDINANCE 98 -41 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF 53,165,000 GENERAL OBLIGATION PROMISSORY NOTE, SERIES 1998A OF THE 'VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL AND INTEREST ON SAID BONDS Adopted by the President and Board of Trustees of the Village on September 29, 1998, certified copy of which was filed with the County Clerk of Cook County, Illinois, on October 22, 1998. SECTION 3: The Village Treasurer is hereby authorized to set aside and designate those funds necessary to pay said debt service payment as stated above from the Economic Development Fund and TIF Fund. SECTION 4: The Village Treasurer is hereby directed to file with the County Clerk of Cook County, Illinois, a certified copy of this Resolution. SECTION 5: This Resolution shall be in full force and effect from and after its adoption. PASSED this 13"' day of December 2010 Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 13`x' day of December 2010. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 14 °i day of December 2010. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Leai<slatlW Summary Resolution 10 -85 TAX ABATEMENT RESOLUTION FOR 2010 TAX LEVY RELATING TO ORDINANCE NO 99 -01 Introduced: Synopsis Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact, Source of Funds, 'workload Impact: Administrator Recommendation: First Iteadinga Special Considerations or Requirements: December 13. 2010 This resolution authorizes the abatement (reduction) of taxes levied for 2010 which are collected in 2011 in the amount of $1,595,833. Pursuant to the 2011 Budget, the Village has chosen to pay for certain semi - annual bond debt service payments from sources other than property taxes. In order to]- the County Clerk not to levy said debt service payments, it is necessary to pass this resolution and to file a certified copy of same with the County Clerk of Cook County, Illinois. On February 8, 1999, pursuant to Ordinance 99 -01, the Village Board issued $15,495,000 in general obligation bond, Series 1999. Said ordinance provided the levy of taxes for the year 2010 include sufficient funds to produce $1,595,833, which represents the debt service payment for 20111 On March 23, 2009, pursuant to Ordinance 09 -05, the Village Board issued refunding bonds in the amount of $7,650,000, Series 2009, to refinance the remaining Series 1999 Bonds. However, despite the refunding, Cook County will continue to levy taxes as provided for in Ordinance 99 -01. Therefore a resolution abating the debt service for the Series 1999 Bonds is required. After abatement the net levy for the 1999 Bond Series is Zero ($0). Finance Department This resolution shall reduce the levy for property taxes in the amount of $1,595,833. N/A The filing of this resolution with the County Clerk of Cook County., Illinois will be done by the Finance Department as part of their normal work activities. Approval as presented. None required A certified copy of this resolution must be filed with the Cook County Clerk, Respectfully SUbiiiitted .l0sepii F Reviewed by: �7" Teresa Hoffjna.n r Village Administrator iston, Corporation Counsel Prepared by: Ryan k,forne, Fii'naf ce Director /Treasurer TAX ABATEMENT RESOLUTION FOR 2010 TAX LEVY RELATING TO ORDINANCE NO, 99 -01 WHEREAS, the Village of Morton Grove (VILLAGE), located home rule unit of government under the provisions of Article 7 of the I Illinois, can exercise any power and perform any function pertaining to but not limited to the power to tax and incur debt; and WHEREAS, the Village has issued FIFTEEN MILLION FOUh in Cook County, Illinois, is a 970 Constitution of the State of its government affairs, including HUNDRED NINETY -FIVE THOUSAND DOLLARS ($15,495,000), General Obligation Refunding Bonds Series 1999 providing financing for the acquisition and construction of capital improvements to the existing infrastructure and to refund prior bonds issued, Series 1994, dated May 1, 1994, and which provided for the Levy and collection for direct annual tax for the payment of the principal and interest of said bonds for the year 1998 through 2014 at an interest rate of 4.10% to 6.00% inclusive, pursuant to Ordinance 99 -01, passed by the President and Board of Trustees of said Villagc on February 8, 1999 certified copy of said ordinance having been filed in the Office of the County Clerk on February 10, 1999; and WHEREAS, said note is designated as "General Obligation Bonds, Series 1999" dated February 1, 1999, in the aggregate principal amount of FIFTEEN MILLION FOUR HUNDRED NINETY -FIVE THOUSAND DOLLARS ($15,495,000), and shall be due and payable on December 1, 2014, having installment payments due semi - annually on .tune 1 and December 1 through 2014. WHEREAS, provision has been made in said ordinance for the Levy of taxes for the year 2010 sufficient to produce the amount of ONE MILLION FIVE HUNDRED NINETY -FIVE THOUSAND EIGHT HUNDRED THIRTY -THREE DOLLARS ($1,595,833), for said payment of principal and interest on said note up to and including December 31, 2011; and WHEREAS, the Village had approved Ordinance 09 -05 on March 23, 2009, providing for the issuance of "General Obligation Bonds, Series 2009" to effectively refinance "General Obligation Refunding Bonds, Series 1999' 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: There shall be abated for the levy of taxes for the tax year 2010 for taxes which are collected M201 I in the amount of ONE MILLION FIVE HUNDRED NINETY -FIVE THOUSAND EIGHT HUNDRED THIRTY -THREE DOLLARS ($1,595,833) leaving the net property tax levy with respect to Ordinance 99 -01 at ZERO ($0), for said tax year as provided in an ordinance entitled: ORDINANCE 99 -01 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $15,495,000 GENERAL OBLIGATION BONDS, SERIES 1999 OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL AND INTEREST ON SAID BONDS Adopted by the President and Board of Trustees of the Village on February 8, 1999, certified copy of which was filed with the County Clerk of Cook County, Illinois, on February 10, 1999, SECTION 3: The Village Treasurer is hereby authorized to set aside and designate those funds necessary to pay said debt service payment as stated above from the Debt Service Fund. SECTION 4: The Village Treasurer is hereby directed to file with the County Clerk of Cook County, Illinois, a certified copy of this Resolution. SECTION 5: This Resolution shall be in full force and effect from and after its adoption. PASSED this 13`x' day of December 2010 Trustee DiMaria Trustee Gornberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 13`x' day of December' ecember 2010. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 14`x' day of December 2010. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Resolution 10 -86 TAX ABATEMENT RESOLUTION FOR 2010 TAX LEVY RELATING TO ORDINANCE NO 02 -30 Introduced: Synopsis Purpose: l3ackground, programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact, Administrator Recommendation: First Reading: Special Considerations or Requirements: Respectfully submitted Reviewed by: Teresa December 13, 2010 This resolution authorizes the abatement (reduction) of taxes levied for 2010 which are collected in 2011 in the amount of $445,344. Pursuant to the 2011 Budget, the Village has chosen to pay for certain semi - annual note debt service payments from sources other than property taxes. In order for the County Clerk not to levy said debt service payments, it is necessary to pass this resolution and to file a certified copy of same with the County Clerk of Cook County, Illinois. On July 8, 2002, pursuant to Ordinance 02 -30, the Village Board issued $5,300,000 in general obligation promissory notes, Series 2002. Said ordinance provided the levy of taxes for the year 2010 include sufficient funds to produce $445,344, which represents the debt service payment for 2011. On September 1.4, 2009, pursuant to Ordinance 09 -15, the Village Board issued refunding bands in the amount of $4,920,000, Series 2009A, to refinance the remaining Series 2002 Notes. However, despite the refunding, Cook County will continue to levy taxes as provided for in Ordinance 02 -30. Therefore a resolution abating the debt service for the Series 2002 Notes is required. After abatement the net levy for the 2002 Notes is Zero ($0). Finance Department This resolution shall reduce the levy for property taxes in the amount of $445,344 N/A The filing of this resolution with the County Clerk of Cook County, Illinois will be done by the Finance Department as part of their normal work activities. Approval as presented. None required A certified copy of this resolution must be filed with the Cook County Clerk. d' tie11 .. ide, Village Admimstrator , Corporation Counsel Prepared by: Ryari/ylome,e'Firianee Director /Treasurer 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 issued FIVE MILLION THREE HUNDRED THOUSAND DOLLARS ($5,300,000), General Obligation Promissory Note Series 2002, providing financing for various Land acquisitions and related purposes for the Waukegan Road Tax Increment Financing Area (known as Project "B "), and which provided for the levy and collection for direct annual tax for the payment of the principal and interest of said bonds for the year 2002 through 2021 at an interest rate of 4.62%, pursuant to Ordinance 02 -30, passed by the President and Board of Trustees of said Village on July 8, 2002, certified copy of said ordinance having been filed in the Office of the County Clerk on October 23, 2002; and WHEREAS, said note is designated as "General Obligation Promissory Note, Series 2002" dated July 22, 2002, in the aggregate principal amount of FIVE MILLION THREE HUNDRED THOUSAND DOLLARS ($5,300,000), and shall be due and payable on June 1, 2022, having installment payments due sen7i - annually on June I and December I through 2022. WHEREAS, provision has been made in said ordinance for the levy of taxes for the year 2010 sufficient to produce the amount of FOUR HUNDRED FORTY -FIVE HUNDRED THREE HUNDRED FORTY -FOUR DOLLARS ($445,344), for said payment of principal and interest on said note up to and including December 31, 2011; and WHEREAS, the Village has approved Ordinance 09 -15 on September 14, 2009, providing for the issuance of "General Obligation Refunding Bonds, Series 2009A" to effectively refinance the "General Obligation Promissory Note, Series 2002 ". 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: There shall be abated for the levy of taxes for the tax year 2010 for taxes which are collected in 2011 in the amount of FOUR HUNDRED FORTY -FIVE THOUSAND THREE HUNDRED FORTY -FOUR DOLLARS ($445,344) leaving the net property tax levy with respect to Ordinance 02 -30 at ZERO ($0), for said tax year as provided in an ordinance entitled: ORDINANCE 02 -30 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $5,300,000 GENERAL OBLIGATION PROMISSORY NOTES, SERIES 2002 OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL AND INTEREST ON SAID BONDS Adopted by the President and Board of Trustees of the Village on July 8, 2002, certified copy of which was filed with the County Clerk of Cook County, Illinois, on October 23, 2002. SECTION 3: The Village Treasurer is hereby authorized to set aside and designate those funds necessary to pay said debt service payment as stated above from the Economic Development Fund and TIF Fund. SECTION 4: The Village Treasurer is hereby directed to file with the County Cleric of Cook County, Illinois, a certified copy of this Resolution. SECTION 5: This Resolution shall be in full force and effect from and after its adoption. PASSED this I3 °i day of December 2010 Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 13`x' day of December 2010. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 10' day of December 2010. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cools County, Illinois Legislative Summary RESOLUTION 10 -87 TAX ABATEMENT RESOLUTION FOR 2010 TAX LEVY RELATING TO ORDINANCE NO 07 -26 Introduced: December 13, 2010 Synopsis This resolution authorizes the abatement (reduction) of taxes levied for 2010 which are collected in 2011 in the amount of $779,800. Purpose: Pursuant to the 2011 Budget, the Village has chosen to pay for certain bond debt service payment from sources other than property taxes. In order for the County Clerk not to levy said debt service payments, it is necessary to pass this resolution and to file a certified copy of same with the County Clerk of Cook County, Illinois. Background: On October 8, 2007, pursuant to Ordinance 07 -26, the Village Board issued $9,200,000 in general obligation bond, Series 2007. Said ordinance provided that the levy of taxes for the year 2010 shall include sufficient funds to produce $779,800 for the payment of principal and interest on said bonds up to and including December 31, 2011. The 2011 Village Budget has allocated revenue from the Lehigh /Ferris TIF Fund in the amount of $779,800 to pay for the above referenced debt service. The law requires the Village to levy taxes as required by Ordinance 07 -26 but then may abate said taxes pursuant to a resolution which identifies the alterative sources of revenue and obligates the Village Treasurer to set aside and designate those funds to pay the required bond payments. Programs, Departments Finance Department, all Village Departments or Groups Affected I Fiscal Impact: This resolution shall reduce the levy for property taxes in the amount of $779,800. Source of Funds: N/A Workload Impact: N/A Administrator Approval as presented. Recommendation: First Reading: None required Special Considerations A certified copy of this resolution shall be filed with the Cook County Cleric. or Requirements: Respectfully submitted /1", L' jo,,ejAi F,. "'W/ade, Village Administrator Prepared by: Teresa Hoffman` Liston, Corporation Counsel Reviewed by: Ryan #orne, FlnaYice Director /Treasurer TAX ABATEMENT RESOLUTION FOR 2010 TAX LEVY RELATING TO ORDINANCE NUMBER 07 -26 WHEREAS, the Village of Morton Grove ( Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village of Morton Grove (VILLAGE) has issued NINE MILLION TWO HUNDRED THOUSAND DOLLARS ($9,200,000), General Obligation Bonds, Series 2007, providing financing for various land acquisitions and related purposes for the Lehigh /Ferris Tax Increment Financing area, and which provided for the levy and collection for direct annual tax for the payment of the principal and interest of said bonds for the year 2007 through 2024 at an interest rate of 4.00 %, pursuant to Ordinance 07 -26, passed by the President and Board of Trustees of said VILLAGE on October 8, 2007, certified copy of said ordinance having been filed in the Office of the County Clerk on October 25, 2007; and WHEREAS, said note is designated as "General Obligation Bonds, Series 2007" dated Novembe?• 1, 2007, in the aggregate principal 51mni:nt of NINE MI1I TION TWO HT'I\1DRP D THOUSAND DOLLARS ($9,200,000), and shall be due and payable on December 1, 2024, having installment payments due semi - annually on June 1 and December 1 through 2024. WHEREAS, provision has been made in said ordinance for the levy of taxes for the year 2010 sufficient to produce the amount of SEVEN HUNDRED SEVENTY -NINE THOUSAND EIGHT HUNDRED DOLLARS ($779,800) for said payment of principal and interest on said bond up to and including December 31, 2011, and WHEREAS, the County Clerk is required to collect taxes in addition to those taxes levied pursuant to Ordinance 07 -33 in the amount of SEVEN HUNDRED SEVENTY -NINE THOUSAND EIGHT HUNDRED DOLLARS ($779,800) unless the Village adopts an abatement resolution; and WHEREAS, the Village desires the pay this obligation from sources other than property taxes, and has appropriated revenue from the Lehigh /Ferris TIF Fund in the amount of SEVEN HUNDRED SEVENTY -NINE THOUSAND EIGHT HUNDRED DOLLARS ($779.800) to pay said principal and interest on said Bonds and said funds shall be separately designated for the payment of interest due as heretofore specified when the above indebtedness is due. 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: There shall be abated for the Levy of taxes for the tax year 2010 for taxes which are collected in 2011 in the amount of SEVEN HUNDRED SEVENTY -NINE THOUSAND EIGHT HUNDRED DOLLARS ($779,800) leaving the net property tax levy with respect to Ordinance 07 -26 ZERO ($0), for said tax year as provided in an ordinance entitled: ORDINANCE 07 -26 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF A $9.200.000 GENERAL OBLIGATION BONDS, SERIES 2007 OF THE VILLAGE OF MORTON GROVE, COOK COt:NTY, ILLINOIS, AND PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS Adopted by the President and Board of Trustees of the Village on October 8, 2007, certified copy of which was filed with the County Clerk of Cook County, Illinois, on October 25, 2007. SECTION 3: The Village Treasurer is hereby authorized to set aside and designate those funds necessary to pay said debt service payment as stated above from the Lehigh Ferris TIF Fund SECTION 4: The Village Treasurer is hereby directed to file with the County Clerk of Cook County, Illinois, a certified copy of this Resolution. SECTION 5: This Resolution shall be in full force and effect from and after its adoption. PASSED this 13 "' day of December 2010 Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 13`x' day ofDecember 2010. Daniel J. Staackmann, Village President Village of Morton Grove Cool: County, Illinois APPROVED and FILED in my office this 14`x' day of December 2010. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary RESOLUTION 10 -88 TAX ABATEMENT RESOLUTION FOR 2010 TAX LEVY RELATING TO ORDINANCE NO 09 -05 Introduced. December 13, 2010 Synopsis This resolution authorizes the abatement (reduction) of taxes levied for 2010 which are collected in 1.011 in the amount of $1,006,883. Purpose: Pursuant to the 2011 Budget, the Village has chosen to pay for certain semi- annual bond debt service payments from sources other than property taxes. In order for the County Clerk not to levy said debt service payments, it is necessary to pass this resolution and to file a certified copy of same with the County Clerk of Gook County, Illinois. Backerround: On March 23, 2009, pursuant to Ordinance 09 -05, the Village Board issued b $7,650,000 in general obligation bond, Series 2009. Said ordinance provided that the levy of taxes for the year 2010 include sufficient funds to produce $1,488,218, which represents the debt service payment for 201 I . The 201 1 Village Budget has allocated revenue from the Local Option Sales Tax of the Village in the amount of � $440,000, revenue from the general funds of the Village accumulated interest earnings of $2,500, revenue from the Water /Sewer Fund of the Village in tile, amount of $372,054,_andaavailable fund balance in the Debt Service Fund of $192, 329 to pay the above referenced debt service. T he law requires the Village levy taxes as required by Ordinance 09 -05, but may then abate said taxes pursuant to a resolution which identifies the alternative source of revenue and obligates the Village Treasurer to set aside and designate said funds to pay the required note payments. After all abatements the net levy for this bond series is $481,335. Programs, Departments I Finance Department or G=roups Affected Fiscal Impact: This resolution shall reduce the levy for property taxes in the amount of $1, oOW883. Source of Funds: Workload Impact: Administrator Recommendation. First Reading: Special Considerations or Requirements. Respectfully submitted Reviewed by: N/A N/A Approval as presented. None required A certified copy of this resolution must be filed with the Cook County Clerk. Village Administrator Teresa 110411nan Liston, Corporation Counsel Prepared by: F`inancc Director11'reasurer TAX ABATEMENT RESOLUTION FOR 2010 TAX LEVY RELATING TO ORDINANCE NO, 09 -05 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 issued SEVEN MILLION SIX HUNDRED FIFTY THOUSAND DOLLARS ($7,650,000), General Obligation Refunding Bonds Series 2009 to refund prior bonds issued, Series 1999, dated February 8, 1999, and which provided for the levy and collection for direct annual tax for the payment of the principal and interest of said bonds for the year 2009 through 2014 at a true interest rate of 2.2583 %, pursuant to Ordinance 09 -05, passed by the President and Board of Trustees of said Village on March 23, 2009, certified copy of said ordinance having been filed in the Office of the County Clerk on April 3, 2009; and WHEREAS, said note is designated as "General Obligation Refunding Bonds, Series 2009" dated March 23, 2009, in the aggregate principal amount of SEVEN MILLION SIX HUNDRED FIFTY THOUSAND DOLLARS ($7,650,000). and shall be due and payable on December I , 20 i 4, having installment payments due semi - annually on June 1 and December I through 2014. WHEREAS, provision has been made in said ordinance for the levy of taxes for the year 2010 sufficient to produce the amount of ONE MILLION FOUR HUNDRED EIGHTY -EIGHT THOUSAND TWO HUNDRED EIGHTEEN DOLLARS ($1,488,218), for said payment of principal and interest on said note up to and including December 31, 201 l; and WHEREAS, the Village had approved Ordinance 94 -20 on May 16, 1994, providing for an increase in its existing Local Option Sales Tax by 1/4 of 1% (.25 %) or from '/2 of 1% (.50 %) to 3/4 of 1% (.75 %); and WHEREAS, it is the intent of the Village to utilize the proceeds from the increase in the local option sales tax to make the debt payments from the above mentioned bond issue into the Debt Service Fund; and WHEREAS, the Village anticipates additional revenues from Local Option Sales Tax of FOUR HUNDRED FORTY THOUSAND DOLLARS ($440,000) and revenue appropriated from the Water /Sewer (Enterprise) Fund of the Village in the amount of THREE HUNDRED SEVENTY -TWO THOUSAND FIFTY -FOUR DOLLARS ($372,054) and available fund balance in the Debt Service jI Fund of ONE HUNDRED NINETY-TWO THOUSAND THREE HUNDRED TWENTY NINE plus an additional TWO THOUSAND FIVE HUNDRED ($2,500) shall be utilized from general Village funds accumulated from interest earnings for a total abatement of ONE MILLION SIX THOUSAND EIGHT HUNDRED EIGHTY -THREE DOLLARS ($1,006,883) to pay a portion of said principal and interest on said corporate bonds and said funds shall be separately designated for the payment of principal and interest due as hereto fore specified when the above indebtedness is due. 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: There shall be abated for the levy of taxes for the tax year 2010 for taxes which are collected in 2.011 in the amount of ONE MILLION SIX THOUSAND EIGHT HUNDRED EIGHTY -THREE DOLLARS ($1,006,883) leaving the net property tax Levy with respect to Ordinance 09 -05 FOUR HUNDRED EIGHTY ONE THOUSAND THREE HUNDRED THIRTY FIVE DOLLARS ($481,335), for said tax year as provided in an ordinance entitled: Oi�DiNANCE 09 -05 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF 57,650,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2009 OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL AND INTEREST ON SAID BONDS Adopted by the President and Board of Trustees of the Village on March 23, 2009, certified copy of which was filed with the County Clerk of Cook County, Illinois, on April 3, 2009. SECTION 3: The Village Treasurer is hereby authorized to set aside and designate those funds necessary to pay said debt service payment as stated above from the Debt Service Fund. SECTION 4: The Village Treasurer is hereby directed to file with the County Clerk of Cook County, Illinois, a certified copy of this Resolution. SECTION 5: This Resolution shall be in full force and effect from and after its adoption. PASSED this 13`x' day of December 2010 Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 13 °' day of December 2010. Daniel J. Staackmann, Village President Village of Morton Grove Cools County, Illinois APPROVED and FILED in my office this 14`x' day of December 2010. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary RESOLUTION 10 -89 TAX ABATEMENT RESOLUTION FOR 2010 TAX LEVY RELATING TO ORDINANCE NO 09 -15 Introduced: Synopsis Purpose: Background: Programs, Departments or (croups Affected Fiscal impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: Respectfully submitted Reviewed by: December 13, 2010 To authorize the abatement (reduction) of taxes levied for 2010 which are collected in 201 I in the amount of $529,212. Pursuant to the 22011 Budget, the Village has chosen to pay for certain semi- annual bond debt service payments from sources other than property taxes. In order for the County Clerk not to levy said debt service payments, it is necessary to pass this resolution and to file a certified copy of same with the County Clerk of Cook County, Illinois. On September 14, 2009, pursuant to Ordinance 09 -15, the Village Board issued $4,920,000 in general obligation bonds, Series 2009A. Said ordinance provided the levy of taxes for the year 2010 include sufficient funds to produce $529,212, which represents the debt service payment for 2011. The 2011 Budget allocates revenue from the Waukegan Road TIF Fund of the Village in the amount of $529,212 to pay the above referenced debt service. The law requires the Village to levy taxes as required by Ordinance 09 -15. but then may abate said taxes pursuant to a resolution which identifies the alternative sources of revenue and obligates the Village Treasurer to set aside and designate those funds to pay the required note payments. Finance Department This resolution shall reduce the levy for property taxes in the amount of $529,212. N/A The filing of this resolution with the County Clerk ofCook County, Illinois will be done by the Finance Department as part of their normal work activities. Approval as presented. None required A certified copy of this resolution must be filed with the Crook County Clerk. C Village Administrator Teresa Hoffman Liston, Corporation Counsel Prepared by: Ryan Horne, Fii3ance Director /Treasurer 0, i kk TAX ABATEMENT RESOLUTION FOR 2010 TAX LEVY RELATING TO ORDINANCE NUMBER 09 -15 WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village of Morton Grove (VILLAGE) has issued FOUR MILLION NINE HUNDRED TWENTY THOUSAND DOLLARS ($4,920,000), General Obligation Bonds Series 2009A, pl oviding financing for various land acquisitions and related purposes for the Waukegan Road Tax Increment. Financing Area (known as Project "B "), and which provided for the levy and collection for direct annual tax for the payment of the principal and interest of said bonds for the year 2009 through 2018 at a true interest rate of 3.708 %, pursuant to Ordinance 09 -15, passed by the President and Board of Trustees of said VILLAGE on September 14, 2009 certified copy of said ordinance having been filed in the Office of the County Clerk on September 24, 2009; and WHEREAS, said note is designated as "General Obligation Bond, Series 2009A" dated September 14, 2009, in the aggregate principal amount of FOUR MILLION NINE HUNDRED TWENTY THOUSAND DOLLARS ($4,920,000), and shall be due and payable on December 1, 2018, having installment payments due semi- annually on June I and December I through 2018. WHEREAS, provision has been made in said ordinance for the levy of taxes for the year 2010 sufficient to produce the amount of FIVE HUNDRED TWENTY -NINE THOUSAND TWO HUNDRED TWELVE ($529,212) for said payment of principal and interest on said note up to and including December 31, 2011; and WHEREAS, the Village has appropriated revenue from the Waukegan Road TIF Fund of the Village in the amount of FIVE HUNDRED TWENTY -NINE THOUSAND TWO HUNDRED TWELVE ($529,212) to pay said principal and interest on said promissory note and said funds shall be separately designated for the payment of principal and interest due as heretofore specified when the above indebtedness is due. 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: There shall be abated for the levy of taxes for the tax year 2010 for taxes which are collected in 201 I in the amount of FIVE HUNDRED TWENTY -NINE THOUSAND TWO HUNDRED 4 TWELVE ($529,212) leaving the net property tax levy with respect to Ordinance 09 -15 ZERO ($0), for said tax year as provided in an ordinance entitled: ORDINANCE 09 -15 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $4,920,000 TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2009A OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AND PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS Adopted by the President and Board of Trustees of the Village on September 14, 2009, certified copy of which was filed with the County Clerk of Cook County, Illinois, on September 24, 2009. SECTION 3: The Village Treasurer is hereby authorized to set aside and designate those funds necessary to pay said debt service payment as stated above from the Economic Development Fund and TIF Fund. SECTION 4: The Village Treasurer is hereby directed to file with the County clerk of Cook County, Illinois, a certified copy of this Resolution. SECTION 5: This Resolution shall be in full force and effect from and after its adoption. PASSED this 13th day of December 2010 Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 13`x' day of December 2010. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 14`x' day of December 2010. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Le .uislative Summary Resolution 10 -90 — TAX ABATEMENT RESOLUTION FOR 2010 TAX LEVY RELATING TO ORDINANCE NO 09 -28 Introduced: December 1'1,2010 Synopsis To authorize the abatement (reduction) of taxes levied for 2010 which are collected in 2011 in the amount of $2,777,633. Purpose: Pursuant to the 2011 Budget, the Village has chosen to pay for certain semi - annual bond debt service payments front sources other than property taxes. In order for the County Clerk not to levy said debt service payments, it is necessary to pass this resolution and to file a certified copy of same with the County Clerk of Cook County, Illinois. Background, On November 9, 2009, pursuant to Ordinance 09 -28, the Village Board issued $2,685,000 in general obligation promissory notes, Series 2009B. Said ordinance provided the levy of taxes for the year 2010 include sufficient funds to produce $96,234.88, which represents the debt service payment for 201 1. The 2011 Budget allocates revenue from the Lehigh/Ferris TIF Fund of the Village in the amount of $2,777,633 to pay the above referenced debt service. The law requires the Village to levy taxes as required by Ordinance 09 -28, but then may abate said taxes Pursuant to a resolution which identifies the alternative sources of revenue and obligates the Village Treasurer to set aside and designate those funds to pay the required note payments. Programs, Departments Finance Department or Groups Affected Fiscal Impact: This resolution shall reduce the Levy for property taxes in the amount of $2,777,6331 Source of Funds: N/A Workload Impact, The filing of this resolution with the County Clerk of Cook County, Illinois will be done by the Finance Department as part of their normal work activities, Administrator Approval as presented. Recommendation: First Reading: None required Special Considerations A certified copy of this resolution must be filed with the Cook County Clerk. or Requirements: Respectfully submitted JoseKh P,: -, .iade, Village Administrator Reviewed by: Teresa Hoffina� Liston, Corporation Counsel Prepared by: RyaifAiornd, Finance Director /Treasurer WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village of Morton Grove (VILLAGE) has issued TWO MILLION SIX HUNDRED EIGHTY FIVE THOUSAND DOLLARS ($2,685,000), General Obligation Refunding Installment Note Series 2009B, providing financing for various land acquisitions and related purposes for the Lehigh Ferris Tax Increment Financing Area (known as Site "B "), and which provided for the levy and collection for direct annual tax for the payment of the principal and interest of said note for the yeas-2009 and 2010 at a true interest rate of 3.45 %, pursuant to Ordinance 09 -28, passed by the President and Board of Trustees of said VILLAGE on November 9, 2009 certified copy of said ordinance having been filed in the Office of the County Clerk on November 19, 2009; and WHEREAS, said note is designated as "General Obligation Refunding Installment Note, Series 2009B" dated December 1, 2009, in the aggregate principal amount of TWO MILLION SIX HUNDRED EIGHTY FIVE THOUSAND DOLLARS ($2.685,000), and shall be due and payable on December 15, 1., T1I 1 M. 4 T�2nan:k,� -• t nii tTii 2 1 201 i, having ;merest payments due semi- annualzy on � u,c 5 CL lu �;�������„� 5 thr„wb, „ .. WHEREAS, provision has been made in said ordinance for the levy of taxes for the year 2010 sufficient to produce the amount of TWO MILLION SEVEN HUNDRED SEVENTY -SEVEN THOUSAND SIX HUNDRED THIRTY -THREE DOLLARS ($2,777,633) for said payment of principal and interest on said note up to and including December 31, 2011; and WHEREAS, the Village has appropriated revenue from the Lehigh Ferris TIF Fund of the Village in the amount of TWO MILLION SEVEN HUNDRED SEVENTY -SEVEN THOUSAND SIX HUNDRED THIRTY -THREE DOLLARS ($2,777,633) to pay said interest on said promissory note and said funds shall be separately designated for the payment of interest due as heretofore specified when the above indebtedness is due. NOW, THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby malting the findings as hereinabove set forth. SECTION 2: There shall be abated for the levy of taxes for the tax year 2010 for taxes which are collected in 2011 in the amount of TWO MILLION SEVEN HUNDRED SEVENTY -SEVEN THOUSAND SIX HUNDRED THIRTY -THREE DOLLARS ($2,777,633) leaving the net property tax levy with respect to Ordinance 09 -28 ZERO ($0), for said tax year as provided in an ordinance entitled: ORDINANCE 09 -28 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $2,685,000 TAXABLE GENERAL OBLIGATION REFUNDING NOTES, SERIES 2009B OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AND PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL, TAX FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID NOTE Adopted by the President and Board of Trustees of the Village on November 9, 2009, certified copy of which was filed with the County Clerk of Cook County, Illinois, on November 19, 2009. - SECTION 3: The Village Treasurer is hereby authorized to set aside and designate those funds necessary to pay said debt service payment as stated above from the Lehigh Ferris TIE Fund. SECTION 4: The Village Treasurer is hereby directed to file with the County clerk of Cook County, Illinois, a certified copy of this Resolution. SECTION 5: This Resolution shall be in full force and effect from and after its adoption. PASSED this 13`i' day of December 13, 2010. Trustee DiMaria Trustee Gomberg Tri-istee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS 13"' day of December 13, 2010. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 14"' day of December 14, 2010. Tony S. Kalegerakos, Village Clerk Village of Morton Grove Cook County, Illinois Leuislative Summary RESOLUTION 10 -91 TAX ABATEMENT RESOLUTION FOR 2010 TAX LEVY RELATING TO ORDINANCE NO 10 -01 Introduced: December 13, 2010 Synopsis This resolution authorizes the abatement (reduction) of taxes levied for 2010 which are collected in 2011 in the amount of $1,223,945. Purpose: Pursuant to the 2011 Budget, the Village has chosen to pay for certain semi - annual bond debt service payments from sources other than property taxes. In order for the County Clerk not to levy said debt service payments, it is necessary to pass this resolution and to file a certified copy of sane with the County Clerk of Cook County, Illinois. Background: On March 31, 2010, pursuant to Ordinance 10 -01, the Village Board issued $9,975,000 in general obligation bond, Series 201 OA and Series 201 OB. Said ordinance provided that the levy of taxes for the year 201 1 include sufficient funds to produce $1,42.),945, which represents the debt service payment from the date ofN issuance up to, and including, December 15, 2011. The 2010 interest payments were made from available fund balance from the Water Sewer Fund of $355375 and from available fund balance from the Debt Service Fund of�$235.697. The 2011 Village Budget has allocated revenue from the Water Sewer Fund in the amount of $500,339, and available fund balance in the Debt Service Fund of $132.534 to pay the above referenced debt service. The law requires the Village levy taxes as required by Ordinance 10 -01, but may then abate said taxes pursuant to a resolution which identifies the alternative source of revenue and obligates the Village Treasurer to set aside and designate said fiends to pay the required note payments. After all abatements the net levy for this bond series is $200,000. Programs, Departments Finance Department or Groups Affected Fiscal Impact: This resolution shall reduce the levy for property taxes in the amount of $12223,9451 Source of Funds: NSA Workload Impact: NSA Administrator Approval as presented. Recommendation: First Reading: None required Special Considerations A certified copy of this resolution must be filed with the Cook County Clerk. or Requirements: Respectfully submitted Reviewed by: Teresa 1Joffni Vt1adp, Village Administrator Corporation Counsel Prepared by: Rvairriorne ir4Inance Director /Treasurer RESOLUTION 1 M I TAX ABATEMENT RESOLUTION FOR 2010 TAX LEVY RELATING TO ORDINANCE NO, 10 -01 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 issued ONE MILLION EIGHT HUNDRED FORTY -FIVE THOUSAND ($1,845,000), General Obligation Bonds Series 2010A, and EIGHT MILLION ONE HUNDRED THIRTY THOUSAND ($8,1.30,000), Taxable General Obligation Bonds, Series 2010B (Build America Bonds — Direct Payment to Issuer), for a combined issuance of NINE MILLION NINE HUNDRED SEVENTY -FIVE THOUSAND DOLLARS ($9,975,000), providing financing for capital projects throughout the Village, and which provided for the levy and collection for direct annual tax for the payment of the principal and interest of said bonds for the year 2010 through 2029, pursuant to Ordinance 10 -01, passed by the President and Board of Trustees of said Village on January 25, 2010, certified copy of said ordinance having been filed in the Office of the County Clerk on March 31, 2010; and WHEREAS, said bonds are designated as "General Obligation Bonds, Series 2010" dated March 31, 2009, in the aggregate principal amount of NINE MILLION NINE HUNDRED SEVENTY -FIVE THOUSAND DOLLARS ($9,975,000), and shall be due and payable on December 15, 2029, having installment payments due semi- annually on .Tune 15 and December 15 through 2029. WHEREAS, provision has been made in said ordinance for the levy of taxes for the year 2010 sufficient to produce the amount of ONE MILLION FOUR HUNDRED TWENTY -THREE THOUSAND NINE HUNDRED FORTY -FIVE DOLLARS ($1,423,945), for said payment of principal and interest on said bonds up to and including December 31, 2011; and WHEREAS, the Village has available fund balance in the Debt Service Fund of THREE HUNDRED SIXTY -EIGHT THOUSAND TWO HUNDRED THIRTY -ONE DOLLARS ($368,231) and revenue appropriated from the Water /Sewer (Enterprise) Fund of the Village in the amount of EIGHT HUNDRED FIFTY -FIVE THOUSAND SEVEN HUNDRED FOURTEEN DOLLARS ($855,714) for a total abatement of ONE MILLION TWO HUNDRED TWENTY -THREE THOUSAND NINE HUNDRED FORTY -FIVE DOLLARS ($1,223,945) to pay a portion of said principal and interest on said corporate bonds and said funds shall be separately designated for the payment of principal and interest due as hereto fore specified when the above indebtedness is due. 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: There shall be abated for the levy of taxes for the tax year 2010 for taxes which are collected in 2011 in the amount of ONE MILLION TWO HUNDRED TWENTY -THREE THOUSAND NINE HUNDRED FORTY -FIVE DOLLARS ($1,223,945) leaving the net property tax levy with respect to Ordinance 10 -01 TWO HUNDRED THOUSAND DOLLARS ($200,000), for said tax year as provided in an ordinance entitled: ORDINANCE 10 -01 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF ONE OR MORE SERIES OF GENERAL OBLIGATION BONDS, SERIES 2010, OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AUTHORIZING THE EXECUTION OF ONE OR MORE BOND ORDERS IN CONNECTION THEREWITH AND PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL AND INTEREST ON SAID BONDS Adopted by the President and Board of Trustees of the Village on January 25, 2010, certified copy of which was filed with the County Clerk of Cook County, Illinois, on March 31, 20101 SECTION 3: The Village Treasurer is hereby authorized to set aside and designate those funds necessary to pay said debt service payment as stated above from the Debt Service Fund and Water Sewer Fund, SECTION 4: The Village Treasurer is hereby directed to file with the County Clerk of Cook County, Illinois, a certified copy of this Resolution. SECTION 5: This Resolution shall be in full force and effect from and after its adoption. PASSED this 13II' day of December 2010 Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 13"' day of December 2010. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 14'x' day of December 2010. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary /AIN ""1JvESivk-:L AIVILIN "11NU I i 1LE 7, U14A.1"1'ERS 4, WATER REGULATIONS AND CHAPTER 5, SEWER REGULATIONS OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: AND ESTABLISHING WATER AND SEWER RATES November 22, 2010 This ordinance amends Title 7 Chapters 4, Water Regulations and Chapter- 5 Sewer Reguiations of the Municipal Code to provide for a series of 3% annual rate increases over a five year period and to also phase out the discounted water rate programs. To ensure fiscal sustainability of the Water and Sewer Fund, In March 200$, the Municipal Financial Service Group provided a report to the Village Board which made certain findings including (1) current water rates produce cash revenues roughly 49% less than the required cash revenues, and (2) a significant portion of the Village's water and sewer infrastructure had exceeded its useful Life. The report made certain recommendations includin : The Village invest a minimum of $1 million annually in its water distribution system, invest $4.5 million annually in its sewer collection system, the Village eliminate the senior water discount program, and implement a series of rate increases. The Village's Finance Advisory Commission reviewed this report and recoimnended the Village's water and sewer rates be increased by an additional 3% for five consecutive years and the senior water discount program be phased out so the 50% discount provided in 2010 be reduced to 40% in 2011. 30% in 2012, 20% in 2013. and 10% in 2014, and all discounts be eliminated in 2015. Village staff concurs with this recommendation. This ordinance will amend the Village Code to adopt and implement these recommendations. Finance Department and and Water Fund Administration This amendment is expected to provide a net increase to the Water Fund revenue of $203360 in Fiscal vear 2011. Not applicable. Negligible Approval as presented. Required. Municipal Code Book Change None F Respectfully submitted: ��, Reviewed by: .lose F ade, Vilia`ge Administrator Teresa Hoffr Prepared by: Ryanorne, Pina�ce. Director /Treasurer n, Corporation Counsel Ordinance 10 -22 /AIN ""1JvESivk-:L AIVILIN "11NU I i 1LE 7, U14A.1"1'ERS 4, WATER REGULATIONS AND CHAPTER 5, SEWER REGULATIONS OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: AND ESTABLISHING WATER AND SEWER RATES November 22, 2010 This ordinance amends Title 7 Chapters 4, Water Regulations and Chapter- 5 Sewer Reguiations of the Municipal Code to provide for a series of 3% annual rate increases over a five year period and to also phase out the discounted water rate programs. To ensure fiscal sustainability of the Water and Sewer Fund, In March 200$, the Municipal Financial Service Group provided a report to the Village Board which made certain findings including (1) current water rates produce cash revenues roughly 49% less than the required cash revenues, and (2) a significant portion of the Village's water and sewer infrastructure had exceeded its useful Life. The report made certain recommendations includin : The Village invest a minimum of $1 million annually in its water distribution system, invest $4.5 million annually in its sewer collection system, the Village eliminate the senior water discount program, and implement a series of rate increases. The Village's Finance Advisory Commission reviewed this report and recoimnended the Village's water and sewer rates be increased by an additional 3% for five consecutive years and the senior water discount program be phased out so the 50% discount provided in 2010 be reduced to 40% in 2011. 30% in 2012, 20% in 2013. and 10% in 2014, and all discounts be eliminated in 2015. Village staff concurs with this recommendation. This ordinance will amend the Village Code to adopt and implement these recommendations. Finance Department and and Water Fund Administration This amendment is expected to provide a net increase to the Water Fund revenue of $203360 in Fiscal vear 2011. Not applicable. Negligible Approval as presented. Required. Municipal Code Book Change None F Respectfully submitted: ��, Reviewed by: .lose F ade, Vilia`ge Administrator Teresa Hoffr Prepared by: Ryanorne, Pina�ce. Director /Treasurer n, Corporation Counsel AMENDING TITLE 75 CHAPTERS 4, WATER REGULATIONS AND CHAPTER 5, SEWER REGULATIONS OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE AND ESTABLISHING WATER AND SEWER RATES 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, includino. but not limited to the power to tax and incur debt; and WHEREAS the Village maintains and operates infrastructure and systems for the provision of water and sewer services to residential, commercial and industrial customers within its,jurisdietion; and WHEREAS, the Village purchases Lake Michigan water from the City of Chicago and resells said water to its customers; and WHEREAS, the Village has established a segregated "Enterprise Fund" for all revenues and expenses relating to the Village's construction maintenance and operation of its water delivery and sewer systems within its.jurisdiction, and as such, all revenues received by the Village relating to water and sewer services are held in the Enterprise Fund and used exclusively for said services; and WHEREAS, on December 12 2005, pursuant to Ordinance 05 -53, the Corporate Authorities of the Village of Morton Grove amended Title 7, Section 4 -5 to provide after .lanuary 1, 2007, whenever the City of Chicago, Illinois increases its rate or charges for water sold to the Village of Morton Grove by the amount equal to or more than 11/'0 of its current rate or charges, the rate to be charged by the Village of Motion Grove to its customers for water shall be increased by an equal percentage; and WHEREAS, it is the intention of the President of the Village of Morton Grove and the Board of Trustees this provision remain intact; and WHEREAS, on June 1 1, 2007, pursuant to Resolution 07 -31, the Corporate Authorities of the Village of Morton Grove executed a professional services agreement with Municipal and Financial Services Group to perform a Water and Sewer Rate Study to ensure the Village 's water and sewer rates are recovering the cost of these enterprises; and WHEREAS, the conclusion and recommendation from Municipal Financial Services were provided to the Village Board in a report dated March 2008; and WHEREAS, Municipal Financial Services found (1) current rates would produce cash revenues roughly 49% less than the required cash revenue in Fiscal Year 2010 with subsequent significant shortfalls, (2) the Village has a significant amount of water and sewer infrastructure that has exceeded its useful life, (3) the rate structures achieve the objectives of equitability distributing costs among the users of the system, (4) the Village offers a generous senior citizen discount for water service, and (5) the Village does not charge new customers a capital connection fee for buying into the water and sewer systems, and WHEREAS, Municipal Financial Services recommended (1) the Village formally establish at, Operating and Maintenance (O &M) Reserve and a Repair, (2) the Village invest a minimum of $1.0 million annually Village invest a minimurn of $0.45 million annually in the eliminate the senior discounts and charge all residential cu Renewal and Rehabilitation ( "31Z") Reserve, in the water distribution system, (3) the sewer collection system, (4) the Village >tomers for water and sewer- service based on the quantities used, (5) the Village move forward with the proposed rate increases for 2009, (6) the Village adopt additional rate increases for the subsequent four years, and (7) the Village adopt capacity connection fees for new services; and WHEREAS, on June 22, 2009, pursuant to Ordinance 09 -09, the Corporate Authorities of the Village of Morton Grove amended Tide 2 of the Municipal Code to add Chapter 18 entitled "Finance Advisory Commission" with the responsibility to advise the Corporate Authorities regarding long term strate,7rc financial direction and to identify means to achieve and maintain fiscal staulirty; and WHEREAS, the Finance Advisory Commission reviewed the recommendations contained in the report from Municipal Financial Services; and WHEREAS, the Finance Advisory Commission recommended an annual 3% increase in both the water and sewer rate, for five consecutive years, with the first increase to occur on January 1, 2011; and WHEREAS, the Finance Advisory Commission recommended terminating all water discount progl °arcs on December 31, 2010; and WHEREAS, the Finance Advisory Commission recommended any discount currently received by an eligible senior be phased out so all discounts will be eliminated by January 1, 2014, and WHEREAS, the Village Board considered the recommendations from the Finance Advisory Commission on November 19, 2010, during a workshop for the Fiscal Year 2011 Budget; and WHEREAS, Village Staff proposes the Finance Advisory Commission's recommendations be adopted by the Village Board of Trustees; and WHEREAS, in order to implement these recommendations it is necessary to amend Title 7, Chapters 4 and 5 of the Municipal Code of the Village of Morton Grove. 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: That Section 7 -4 -5 entitled eater Rates, Payment, of the Municipal Code of the Village of Morton Grove is hereby amended to read as follows: 7-4-5: WATER RATES, PAYMENT* The Corporate Authorities of the Village of Morton Grove shall from time -to -time establish by ordinance rates to be charged for water provided by the Village of Morton Grove to its water customers as follows: A. Rates for Class A and Class B: Beginning January 1, 2011, the rate to be charged for water provided by the Village of Morton Grove shall be as follows: 1. Class A: Class A rate which shall be charged to all customers that are regularly provided water in quantities of less than two hundred fifty thousand (250,000) gallons per month and less than five hundred thousand (500,000) gallons bimonthly. Said rate shall include a minimum fee for each customer which shall entitle said customer to three thousand (3,000) k allons of water or fraction thereof without additional cost. a. A charge of six dollars and six cents ($6,06) per one thousand (1,000) gallons of water consumed, as shown by the water meter(s). b. A minimum charge of eighteen dollars eighteen cents ($18.18) pe, bimonthly bill shall be made, entitling the customer to use three thousand (3,000) gallons or fraction thereof. 2. Class B: Class B rate which shall be charged to all customers who are regularly provided water in quantities in excess of two hundred fifty thousand (250,000) gallons per month and five hundred thousand (500,000) gallons bimonthly. a. A charge of six dollars six cents ($6.06) per each one thousand (1,000) gallons of water consumed each month, which does not exceed in total two hundred fifty thousand (250,000) gallons as shown by the water meter(s), plus b. A charge of six dollars seventeen cents ($6.17) per each one thousand (1,000) gallons of water consumed each month, which is in excess of two hundred fifty thousand (250,000) gallons which does not exceed in total five hundred thousand (500,000) gallons, as shown by the water meter(s), plus c. A charge of six dollars thirty two cents ($6.32) per each one thousand (1.000) gallons of water consumed each month, which is in excess of five hundred thousand (500,000) gallons and which does not exceed in total one million (1,000,000) gallons, as shown by the water meter(s), plus d. A charge of six dollars sixty cents (`D6.60) per each one thousand (1,000) gallons of water consumed each month, which is in excess of one million (1,000,000) gallons, and which does not exceed in total two million (2,000,000) gallons as shown by the water meter(s), plus e. A charge of six dollars eighty three cents (`b6.83) per each one thousand (1.000) gallons of water consumed each month which is in excess of two million (2,000,000) gallons as shown by the water meter(s). 3. Water Bills: Water bills shall be due and must be paid by customer within twenty -one (2 1) calendar days after the billing date. The billing date shall be the date on which the. Village transmits the bill to the customer either by first class mail, e -mail, or in some other form determined by the Corporate Authorities, 4. Rate Increases: Annually, whenever the City of Chicago, Illinois, increases its rates or charges for water sold to the Village of Morton Grove by an amount equal to or more than one percent (1 %) of its current rate or charges, the rates to be charged by the Village of Morton Grove to its customers for water shall be automatically increased by a like percentage. Said rate increase shall become effective upon the effective date of any rate increase by the City of Chicago. 5. Beginning January 1, 2012, in addition to the rate increases set forth in paragraph 4 above, water rates will increase by an additional 3% per year for the years 2012, 2013, 20 i 4 and 2015. B, Senior Citizen Resident Water Rates: 1. Enrollment in the ViIlage's Senior Citizen Resident Water Rate Discount Program shall close on December 31, 2010: Any eligible person enrolled in the program prior to December 31, 2010., may continue to receive a discount through December 31, 2014, but that discount shall be phased out as follows: Beginning January 1, 2011, eligible enrollees shall be entitled to a forty percent (40 %) discount in the charge by the Village for the water used at such residence for residential purposes to a maximum monthly consumption of six thousand (6,000) gallons (12,000 gallons for a bimonthly billing period). Water used in excess of the amount stipulated above shall be billed at the full water rate charged to residents of the Village as stipulated in subsection A of this section. Beginning January 1, 2012, the discount shall be reduced to thirty percent (30 %). Beginning January 1, 2013, the discount shall be reduced to twenty percent (20 %). Beginning January 1, 2014, the discount shall be reduced to ten percent (10%). All discounts will be eliminated January 1, 2015. Eligible enrollees who reside in a condominium residence whose building is served by a single meter shall be entitled to a rebate equal to the percentage set forth in this paragraph for water use calculated at the maximum annual consumption of seventy two thousand (72,000) gallons. The rebate is to be issued after confirmation of residency and shall be based on the number of months of residency for that calendar year. 2. In order to remain eliaibie through December 31, 2014, residents enrolled in the senior citizen water rate discount program shall, upon request, submit to the Director of Finance /Treasurer, or his /her designee, proof the enrollee continues property ownership and residency in the Village of Morton Grove. 3. Eligible residents who enrolled in the senior citizen resident water rate discount program after December 31, 2001, were and will continue to be required to submit proof of financial need. The enrollee may remain in the program through December- 31, 2014, so long as, on an annual basis, the resident submits verification from the Cook County Assessor's Office the resident qualifies for the senior citizen assessment freeze exemption for the most recent property tax year for the property owned and occupied by the enrollee; and /or other evidence requested by the Village which the Director of Finance /Treasurer deems sufficient to prove the enrollee is entitled to the senior citizen water rate reduction, and the enrollee continues property ownership and residency in the Village of Morton Grove. 4. If the Village staff determines a senior citizen resident is entitled to reduce water rates, the resident shall be given a senior citizen certificate number which shall consist of the letters SC, the Iast two (2) numbers of the year, a dash, and then consecutive number of the approved resident certificate number for the senior citizen rate reduction (e.g., no. SC 73 -1, et seq). Thereafter, the senior citizen resident shall include his current certificate number on each water bill payment made. (Ord. 73 -5, 1 -30 -1973) C. Nonpayment: The water supply may be shut off from any premises or location for which a bill remains unpaid thirty (30) days after it is rendered. When shut off the. supply shall not be turned U11 except upon p�ynfer�t of ail delinquent water charges or provision for pavn-tent has been made which is acceptable to the Village and the payment of the usual fee for tuning, on water, fifty dollars ($50.00), if the turn on was done on a weekday between seven o'clock (7:00) am and three o'clock (3:00) pm; and seventy -five dollars ($75.00) if the turn on was done after three o'clock (3:00) pm on weekdays or on any Saturday, Sunday or holiday. (1969 Code § 50.120; amd. Ord. 91 -35.. 6 -12 -1991; Ord. 98 -10, 4 -15 -1998) D. Notice of Delinquency, Lien: The owner of any property is deemed responsible for payment of all water and sewer charges. In addition to any other remedies available to the Village, whenever a water or sewer obligation remains unpaid for more than thirty (30) days, the Director of Finance /Treasurer may file with the County Recorder of Deeds, a statement of lien claim. This statement shall contain the legal description of the premises served, the amount of the unpaid bill and a notice the Village claims a Iien for this amount as well as for all charges for water served subsequent to the period covered by the Village. The failure of the Director of Finance to record such lien claim or to mail such notice or the failure of the owner to receive such notice shall not affect the right to foreclose the lien for unpaid bills as mentioned herein. SECTION 3: Section 7 -5 -6 entitled Sewer Rates, Payment of Fees, Paragraph G is hereby amended to read as follows: G: Rate Charged: Beginning January 1, 2011, the rate to be charged for sewer service by the Village shall be as follows: 1. A minimum charge of three dollars and nine cents ($3.09) per bi- monthly bill for 3,000 gallons of water sold or any fraction thereof. 2. A charge of one dollar and three cents ($1.03) per 1,000 gallons of water sold above or fraction thereof above 3,000 gallons. 3. Beginning January 1, 2012, in addition to increases pursuant to the above, sewer rates will increase by an additional 3% per year for the years 2012, 2013, 2014 and 2015. SECTION 4: The water and sewer rate increases provided for in Sections 2 and 3 of this Ordinance _shall take effect on January 1, 2011. SECTION 5: The tends and conditions of this ordinance shall be severable and if any section, teen, provision, or condition is found to be invalid or unenforceable for any reason by a court of competent jurisdiction, the remaining sections, terms, provisions, and conditions shall ,remain in full force and effect. SECTION 6: In the event this ordinance or any part thereof is in conflict with any statute, ordinance, or resolution or part thereof, the amendments in this ordinance shall be controlling and shall supersede all other statutes, ordinances, or resolutions but only to the extent of such conflict. Except as to code amendments set forth in this ordinance, all chapters and sections of the Morton Grove Village Code shall remain in full force and effect. SECTION 7: This Ordinance shall be in full force and effect from and after its passage and approval according to law. PASSED this 13`x' day of December 2010 Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 13)"' day of December 2010. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois /APPROVED and FILED in my office this 14`x' day of December 2010. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Le0slative Summary Ordinance 10 -2:) AMENDING TITLE 7, CHAPTER 6, SECTIONS 12 AND 13 ENTITLED "POLLUTION CONTROL FACILITY" OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE Introduced Objective Purpose: Background, Programs, Departments or Groups Affected F fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation, Second Reading: Special Considerations or Requirements: December 13, 2010 To amend Title 6, Chapter 7, Sections 12 and 13, of the Village Municipal Code entitled "Pollution Control Facility." To update the Village's Municipal Code to include specific regulations concerning Pollution Control Facilities The Village, like other communities in the area have received inquiries regarding allowing pollution control facilities to be located within their corporate limits. A pollution control facility includes any site which stores waste, transfer stations, waste treatment facilities with incinerators, or sanitary landfills. In order to be proactive, Village staff has prepared an amendment to the Village Code which will establish regulations consistent with the Environmental Protection Act of Illinois to codify a procedure for an applicant wishing to obtain permission from the Village of Mot-ton Grove to locate and operate a pollution control facility. The ordinance also sets forth requirements for any applicant to escrow funds with the Village to cover the Village's entire cost for reviewing applications and conducting hearings to determine the Village's approval siting for such facilities. Legal and Administration Departments vot applicable. Not applicable. hnpact for the administration and enforcement of this ordinance will be handled by the Village's Administration office and Legal Department during their normal course of duties. Approval as presented. .January 10, 201 1, required — code amendment None Administraor..Approval_ t %£ ti. ;s'c F. , 'ade, Village Administrator Prepared by: z k / ;> Teresa H n, Corporation Counsel AMENDING TITLE 7, CHAPTER 6, SECTIONS 12 AND 1.3 ENTITLED "POLLUTION CONTROL FACILITY"' OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village is continually in the process of reviewing and as necessary, updating existing Municipal Ordinances; and WHEREAS, it is the recommendation of Village staff Title 7, Chapter b, be amended to add a new Section entitled "Pollution Control Facility"; and WHEREAS, the purpose of this new Code provision is to codify a procedure for applicants wishing to obtain permission from the Village of Morton Grove to locate and operate a Pollution Control Facility within the Village of Morton Grove pursuant to the Environmental Protection Act of I;lilloiS 41 4Z IT .CS 5/? et and WHEREAS, the purpose of this section is also to set forth a requirement for the applicant to escrow funds with the Village to cover the Village's entire cost for reviewing such applicant and conducting a legal hearing to determine the Village's approval for the siting of such Pollution Control Facilities; and NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 7, Chapter b, Section 12 of the Municipal Code of the Village of Morton Grove is hereby added to read as follows: 1 7-6 -12: POLLUTION CONTROL FACILITY: A. Definitions: Whenever the following terms are used in this Chapter, they shall have the meanings respectively ascribed to them hereafter provided: ACT "The Environmental Protection Act," 415 ILCS 511 et seq. APPLICANT Any person, partnership, firm, association, corporation, municipal corporation or unit of local government, company or organization of any kind that files a request for siting approval of a pollution control facility pursuant to the Act and this Ordinance. FACILITY PETITION VILLAGE VILLAGE CLERK VILLAGE BOARD A pollution control facility as defined in the Act. The application filed by the Applicant requesting siting approval for a Facility. The Village of Morton Grove, County of Cook, State of Illinois. The Village of Morton Grove Clerk. The Village of Morton Grove Board of Trustees. In addition; all other words used in this Chapter and defined in the Act shall have the same definitions and meanings as set forth in the Act. Notice of Request for Siting Approval 1. No later than fourteen (14) days before the date on which the Village Clerk receives a request for siting approval, the Applicant shall cause written notice of such request to be served either in person or by registered mail, return receipt requested, on owners of all property within the subject area that is not solely owned by the Applicant and on the owners of all property within 250 feet in each direction of the lot Line of the subject property, said owners being such persons or entities which appear from the authentic tax records of Cook County; provided the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the 250 feet requirement; provided further in no event shall this requirement exceed 400 feet, including public streets, alleys and other public ways. 2. Such written notice shall also be served upon members of the Illinois General Assembly from the legislative district in which the proposed Facility is located and shall be published in a newspaper of general circulation. 3. Such notice shall state the name and address of the Applicant, the location of the proposed Facility, the nature and size of the Facility, the nature of the activity proposed, 2 the probable life of the proposed activity, the date when the request for site approval will be submitted, and a statement persons have the right to comment on such request. C. Application for Siting Approval: 1. An original application, two (2) paper, and a minimum of forty (40) electronic copies of the entire application, including all plans, exhibits, reports, maps and other submittals (other than the materials on file at the IEPA, at time of the filing of the application), shall be delivered to the office of the Village Clerk. Upon receipt of any such application, the Clerk shall date stamp, retain and preserve the original application as the start of the public record on this matter. The Clerk shall also date stamp and retain the two (2) paper copies of the application and, with respect to the electronic copies of the application, deliver one to the Mayor and each Village Board Member. The Clerk shall also deliver twelve (12) copies to the Corporation Counsel's office. The date on the stamp of the Village Cleric shall be considered the official filing date for all purposes relating to the time of filing. Receipt and acceptance of a petition by the Village Clerk is pro forma, and does not constitute an acknowledgment the applicant has complied with the Act or this Article. Should the petition be presented to the Village Clerk without the correct number of copies, in the incorrect form, or without the sections and fee described in this subsection, the petition shall be rejected by the Village Clerk. 2. A copy of the Application shall be made available at Village Hall for public inspection in the office of the Village Clerk or such other location as may be convenient to the operation of the Village government. Another copy of the Application shall be made available for purposes of fulfilling copy requests submitted to the Village. The Cleric may employ an outside copy service for this purpose and said service may be furnished a copy of the Application for purposes of reproduction. Members of the public shall be allowed to obtain a copy of the Application or any part thereof upon payment of the actual costs of reproduction. All copying requests shall be fulfilled by the Village Clerk within a reasonable time and in conformance with the Freedom of Information Act. 3. Applications shall include the following: a.. A written petition on 8/z" x 1 I" paper setting forth or including the following: 1) The identification of the applicant, owner of the subject property and the proposed operator of the Facility. If the subject property is owned in a trust, then also identify the beneficiary(ies) of the trust(s). Also indicate for each whether the Applicant, the Landowner, and the operator is an individual, partnership, limited liability company, corporation or unit of government. In the case of an individual, list his or her address. In the case of a partnership, submit the names of all partners. In the case of a limited liability company, submit the names and addresses of all members and managers and attach a certificate of good standing for the 3 LLC from the Secretary of State's office. In the case of a corporation, submit the names and addresses of all officers and directors_ and the names and addresses of all shareholders owning 10% or more of the capital stock of the corporation; together with certified copies of the articles of incorporation in the State of Illinois or, if not incorporated in the State of Illinois, its certificate of authority to do business in the State of Illinois. 2) The legal description of the proposed site of the Facility and a street address or some other reasonable description of where the Facility is to be located. 3) A description of the proposed Facility, its operation and the anticipated longevity thereof. 4) The area to be served by the proposed Facility and a statement of the needs in such area for such a Facility. 5) The expected types, amounts and methods of treatment or storage of all wastes proposed for the site and the origins of these wastes. 6) The monitoring plan (including background analyses) for ground water and the procedure by which surface water and air will be monitored (including procedure by which the applicant will establish background levels). 7) The plans for closure of the site and continued monitoring thereafter. 8) Proof of notice pursuant to Section 39.2(b) of the Act. b. Site plans showing details of the proposed Facility including, but not limited to: 1) Engineering cross - sections; 2) All existing wells within 1,000 feet of the subject property; 3) All monitoring systems, including, but not limited to, ground water, surface water, and air; 4) Fences, buildings and other structures; 5) Roads, entrances and driveways; 6) All core sample locations on the subject property; 7) Location and purpose of any other drill -holes on the subject property; and 8) Any information to demonstrate the proposed Facility is so designed, located and proposed to be operated in such a manner that the public health, safety and welfare will be protected, in addition to that which has been provided already pursuant to this article. 9) Whether any existing uses will be continued. C, A detailed topographic survey of the subject property and the surrounding area within 500 feet of the property line indicating topographical variations in no P reater than two (2) foot intervals for the subject property and USGS data for the property within 500 feet of the property Line (unless otherwise required); existing land uses; existing zoning; and, if applicable, the boundary of any floodway or flood plain. For all purposes related to any siting application, "floodway" and "flood plain" shall mean the regulatory "floodway" and regulatory "flood plain" as defined by the Federal Emergency Management Agency (FEMA). These features may be shown on one or more exhibits. d. A statement of the plan of operation for the proposed Facility including, but not limited to, the following: 1) Method of landfilling, incineration, composting, resource recovery or other process; 2) Hours of operation; 3) Personnel and their training; 4) Litter, vector, dust and odor control; 5) Surface drainage and erosion control (this information shall include proof from the Cook County Storm Water Management Committee the proposed; design of the Facility has obtained technical compliance with the Watershed Development Ordinance and /or the U.S. Clean Water Act); 6) Fire control; 7) Corrective actions for spills and other operational accidents; and 8) Coordination of operations with any other pollution control facility and /or recycling facility operated on, adjacent to, or within 500 feet of the Facility. e. A report analyzing the projected traffic impacts attributable to the proposed Facility and describing how the proposed Facility has been, designed to minimize the impacts on existing traffic flows. The report shall include, but not be limited to the following: 1) Description of the anticipated number, type, size, origin, routing and expected distribution of arrival and departure times of all vehicles accessing the Facility site. If any of these factors are expected to vary significantly over the expected life of the Facility, details of the expected variance shall be presented along with the anticipated peak traffic data; 2) Description of any changes in traffic volumes or patterns to or from any existing development on the site that may be altered as a result of construction of the Facility; 3) Description of the roadway network adjacent to and surrounding the proposed Facility, including number of lanes, turning lanes at intersections, traffic controls, and vehicle turning and classification counts at the site entrances and exits, all signalized intersections and significant unsignalized intersections along principal routes of access. The area of detailed study shall extend along principal routes of access until the site traffic represents an insignificant percentage of the overall traffic stream. Traffic counts shall be taken during the expected daily peak periods of operation of the proposed Facility as well as the existing peak traffic periods on the surrounding roadways. 5 4) Descriptions of any traffic concerns identified by roadway jurisdictions within the area of detailed study; 5) Operational capacity analysis during peak periods at principal intersections within the area of detailed study for a minimum of two scenarios: (i) existing traffic volumes, and (ii) with the addition of site traffic. If projected traffic volumes are analyzed, the report shall include the basis for the projections and the analysis should consider both build and no -build scenarios; 6) Analysis of vehicle accidents at intersections within the area of detailed study; 7) Detailed analysis of anticipated traffic at the entrance(s) and exit(s) to and from the proposed Facility, 'including either a traffic signal warrant analysis or gap study, and an intersection design study meeting the requirements of the agency having jurisdiction over the route providing access to the proposed Facility. This information should include information on traffic for any pollution control facility and/or recycling facility located on, adjacent to or within 500 feet of the Facility. f. A written commitment (by Host Agreement or otherwise) to obtain certificates of insurance from companies having a Best rating of A VI or better shall, at such time as the Facility is permitted, cover accidents such as fires, explosions, non - sudden accidental occurrences and pollution impairment. g. If the site is a proposed hazardous waste Facility, a copy of the Resource Conservation and Recovery Act Contingency Flan. h. A statement describing the past operating experience of the Applicant and, if different, the Operator of any solid waste or gas handling operations on any active unit or any proposed expansion of any active unit (and, for each, any subsidiary, member, manager or parent corporation) in the field of solid or hazardous waste management. Also include a statement describing the past operating experience of subsidiaries of the parent corporation operating or licensed in Illinois in the field of solid or hazardous waste management. For purposes of this paragraph, the term "active" means available to receive additional waste. i. A statement setting forth a complete record of actual or alleged violations from the last ten (10) years of the Applicant and any proposed Operator of any solid waste or gas handling operation on any active unit or any proposed expansion of any active unit (and any subsidiary, member, manager, parent corporation or subsidiary of the Applicant or proposed Operator) of any with environmental laws and regulations governing solid or hazardous management operations or activities. Said statement shall include, but not be Iimited to, a citation of the applicable statute or ordinance violated or alleged to be violated and a brief written summary of the activities or operations giving rise to the actual or alleged violations and the ultimate outcome of the matter, including whether any fines or penalties were imposed. For purposes of this paragraph, the term "active" means available to receive additional waste. j. A description of the following (if applicable): I ) Leachate collection system. a) Type, location and construction of the subsurface collection system; b) Written narrative describing methods and processes of the collection, management and treatment of the leaehate; C) Program for monitoring effectiveness of the collection, management and treatment of the leaehate; and d) Discharge points of effluent. 2) Final cover system, including proposed soil and /or geomembrane specifications if applicable. 3) Facility construction quality assurance and quality control program; 4) Personnel requirements for Facility operation and the training requirements for those personnel. 5) Gas collection system. a) Type, location and construction of the subsurface collection system; b) Written narrative describing methods and processes of the collection, management and utilization of the gas; C) Program for monitoring effectiveness of the collection, management and utilization of the gas; and d) Manner, method, and design of system to utilize the gas for energy. lc. The Application Fee for a request for siting approval is required and shall be administered as follows: 1) The Applicant shall deposit the sum of $50,000.00 in the form of a certified or cashier's check, to cover the costs associated with the siting process, including (but not limited to) court reporter costs, transcript costs, Village legal and consultant costs, and other expenses incurred by the Village in conducting the review of the request for siting approval, the subsequent public hearing and the siting approval decision; provided, however, that any portion of the application fee that remains unexpended at the conclusion of the siting approval decision shall be returned to the applicant. An accounting of expenses attributed to the hearing process shall be provided monthly. 2) In the event, at any time prior to the conclusion of the siting approval process, the Village has expended such sums as to reduce the balance of the application fee to a figure less than $20,000.00, the Applicant will be 7 notified in writing. The Applicant would then have fourteen (14) days to deposit with the Village Clerk an additional $15,000.00 in the form of a certified or cashier's check, unless the Village Administrator and /or his designee determines, in his /her sole discretion, additional funds in excess of $15,000.00 are necessary based upon the status of the siting process, in which case the Applicant shall deposit that amount. Any portion of the fees, including any additional fees, which remain unexpended at the conclusion of the siting approval decision shall be returned to the Applicant. 1. A table of contents shall be provided which readily identifies all sections and subparts of the application, including all accompanying appendices, exhibits, tables, and illustrations. The pages, appendices, exhibits, tables, and illustrations shall be denoted in logical sequence. M. The Applicant shall also produce a copy of the entire Application in pdf or other searchable electronic format such that the Application may be uploaded to the Village's website and that read -only copies of the Application may be provided to members of the public requesting same. 4 An Application may not be filed that is substantially the same as an application disapproved within the preceding two (2) years pursuant to a finding under any of the criteria of subsection 8B of this Ordinance. 5. Although date stamped at the time of delivery, the Application shall be subject to further review to assure compliance with the requirements of this Ordinance concerning the content of the Application. Following receipt of the Application, the Village Clerk shall cause the publication of a black border notice stating said Application and supporting evidence have been filed and are available in the Village Clerk's office for public inspection. The Village Clerk shall cause such notice to be published no later than thirty (30) days from the date of filing. 6. In order to give members of the public an opportunity to make informed written comment and to give members of the public and the Village an opportunity to prepare adequately and fairly for the public hearing hereinafter described, the Applicant must fully comply with all requirements of this Section of the Ordinance and failure to submit the required information as of the Date of Filing shall, absent good cause shown in the judgment of the Hearing Officer, render such information inadmissible at the public hearing. 7. At any time prior to the completion by the Applicant of the presentation of the Applicant's factual evidence and opportunity for cross - examination by the Village Board and any participants, the Applicant may file not more than one amended application containing substantive amendments or revisions upon payment of additional fees in the sum of $25,000.00, unless the Village Administrator and /or his designee determines, in his/her sole discretion, the funds in excess of the $25,000.00 are required La due to the nature of the changes of the amended application, in which case that greater amount shall be the sum due. Upon the filing of an Amended Application, the time limitations for final action by the Village Board shall be extended for an additional period of ninety days. 8. Other amendments may be made if, in the opinion of the Hearing Officer, any such proposed amendment is nonsubstantive and the Hearing Officer otherwise allows such amendments. D. Review of Application: 1. The Village Administrator and /or his designee together with the assistance of Special Counsel to the Village, shall be responsible for coordinating the review of the Application by Village Staff and its consultants and to render such reports, advice or recommendations to the Mayor and Village Board as the Village Administrator and /or his designee shall deem prudent to assisting the Mayor and Village Board in making their decision. The Village Administrator and /or his designee is authorized to call meetings and set deadlines for the submittal of reports and recommendations in preparation for submission through the public hearing process. The Village Administrator and /or his designee, Special Counsel, Village Staff, and the Village's consultants shall not discuss the Application or the review thereof with, nor submit reports or recommendations to the Mayor, Village Board, or Corporation Counsel except in accordance with the public hearing process set forth below. ? Should the Village AdMi istrator and/or his designee desire to enter any reports, testimony or other evidence into the record of the public hearing, such shall be entered in accordance with the procedures set forth in this Ordinance and such shall also be available for copying by the public upon the payment of the actual costs of reproduction. E. Participation and Information from Other Parties: 1. The Applicant is a Participant. 2. The Village is a Participant. For purposes of the Act, the Village and its employees and staff, and any experts, consultants, investigators or attorneys hired by the Village to review, investigate, present at hearing, or otherwise work for the Village concerning the Petition, all constitute one Participant, To the extent the Village employees and staff wish to participate in the public hearings outside their roles or employment with the Village, they must submit a Notice of Participation, as do other members of the public. 3. Any person other than described in (1) and (2), above, must file a written "Notice of Participation" on a form supplied by the Village Clerk notifying the Village Clerk and counsel for the Applicant of that person's or entity's intent to participate. 9 a. Every Notice of Participation must be filed with the Village Clerk before the adjournment of the first day of public hearing. In the case of counsel of record for any Participant, said counsel shall, on or before the 80 °i day from the Date of Filing, serve a letter upon the Village Clerk and upon counsel for the Applicant entering his or her appearance for the Participant. b. Every Notice of Participation shall provide the following information: the name, address daytime phone number and, if available, facsimile number of the Participant or counsel; whether the Participant will be participating on his /her own behalf or as a representative /spokesperson of another person or entity (and if on behalf of another person or entity, identify the name of that person or entity); whether the person (or the entity or association he /she represents) will be represented by an attorney during the public hearings; and whether the person intends on providing oral testimony or comment during the public hearing. All members of the public who desire to present sworn testimony, unsworn comment, or submit written questions to the Hearing Officer must file a Notice of Participation. C. No person may become a Participant after the first day of the hearing except for good cause shown. The Hearing Officer shall liberally interpret this limitation if the additional participation shall not delay the process or unfairly prejudice a prior Participant. No late Participant shall be entitled to recall a witness who has previously testified. 4. Participant rights. Participants have the right to present sworn testimony and witnesses. Participants represented by counsel have the right to cross - examine or question witnesses viho provide sworn testimony. Pa.rt;cipants who are not represented by counsel may provide witnesses, evidence and sworn testimony subject to cross - examination by others; provide unsworn testimony or comment during the public hearing (subject to the Hearing Officer's judgment and consistent with fundamental fairness); or, as is the case for members of the public generally, submit written questions to the Hearing Officer who, in his /her sole discretion, shall decide whether such questions shall be posed and the manner of posing such questions. Participants who are not represented by counsel shall not cross - examine witnesses directly. 5. Any attorneys acting as counsel and representing a Participant must be licensed and in good standing to practice law in the State of Illinois, or if Licensed and in good standing to practice law in another State which is part of the United States, shall be allowed to serve as a counsel for a Participant upon motion made to and granted by the Hearing Officer. 6. All witnesses (other than those called purely for purposes of rebuttal) and the subject matter on which they will testify shall be disclosed, and all reports, studies, exhibits or other evidence, or copies thereof, that any person, other than the Applicant, desires to submit as evidence for the record at the public hearing must be filed with the Village Clerk and with counsel for the Applicant no later than eighty (80) days after the Date of Filing of the Application. In the event the 80`x' day after the Date of Filing falls on a Saturday. Sunday or legal holiday, the next business day shall be considered the date by which all such information must be filed. Copies of all such information shall also be available for copying by the public upon the payment of the actual costs of reproduction. Evidence or witnesses not so disclosed by the required date shall be admissible at the hearing only where the Hearing Officer shall find the admission of such evidence is necessary to provide fundamental fairness to the parties. F. Public Hearings 1. The Public Hearing shall be held no sooner than ninety (90) days from the Date of Filing and shall not commence any later than one hundred twenty (120) days from the Date of Filing. The Public Hearing shall be at such times and places as is convenient for the public generally but shall be conducted so as to comply with the statutory requirement the Village render a decision prior to the one hundred eighty (180) day from the Date of Filing, and accounting for the thirty (30) day period for written comment following the close of the public hearing, with due time for the corporate authorities to deliberate and render a decision. The Village Administrator and /or his designee shall determine the date(s), time(s) and location(s) for the Public Hearing as soon as is practical but in no event later than thirty (30) days after the Date of Filing. 2. Once determined by the Village Administrator and /or his designee, the Village Administrator and/or his designee shall notify the Applicant of the date, time and location of the Public Hearing and shall request the Applicant cause notice of the Public Hearing to be made as follows: a. Publish t`,�10 (2) legal notices in a newspaper of general cii "culation published .n the Village or Cook County. The first such notice shall be published no sooner than fifty (50) days from the Date of Filing and no later than sixty (60) days from the Date of Filing; the second such notice shall be published no sooner than sixty -five (65) days from the Date of Filing nor later than seventy -five (75) days from the Date of Filing. Said notices, which may be in lower case, shall consist of the following: 1) The name and address of the Applicant; 2) The owners of the site and, if ownership is in a land trust, the names of the Beneficiaries of said trust; 3) Legal descriptions of the Property and the Facility Boundary, with each depicted on a Plat of Survey: 4) The street address of the Property and, if there is no street address for the Property, a description of the site with reference to location, ownership or occupancy or in some other manner that will reasonably identify the property to the residents of the neighborhood; 5) The nature and size of the proposed Facility; 6) The Date of Filing and the time and date of the public hearing; 7) The location of the public hearing; 8) A statement the Application with all required information is available in electronic format from the Village Clerk's office and further that all 11 witness lists and copies of reports and other evidence must, absent good cause, be filed with the Village Clerk and all counsel of record no later than the eightieth (80) day from the Date of Filing. b. Certified mail to all members of the Illinois General Assembly from the district in which the proposed site is located. C, Certified mail to the Illinois Environmental Protection Agency. d. Certified mail to the County of Cook and all municipalities or townships within one and one -half (1' /z) miles of the proposed Facility. e. Public hearing notice in a newspaper of general circulation in Cook County published as a display at least once during the week preceding the public hearing. Such notice shall consist of all items described in subsection B I above except for item B.I.C. 3, Hearing Procedures: a. The Village's Corporation Counsel shall designate a licensed attorney to act as a Hearing Officer to preside over the public hearing, and the Hearing Officer shall make any decisions concerning the admission of evidence and the manner in which the hearing is conducted, subject to this Ordinance. The Hearing Officer shall make all decisions and rulings in accordance with fundamental fairness. The hearing Officer may exclude irrelevant, immaterial, incompetent or unduly repetitious testimony or other evidence. All testimony and all public meetings concerning the Petition shall be in the presence of a certified court reporter who shall report all proceedings regarding consideration of the Petition. The Hearing Officer shall have the following powers or duties: I) Administer oaths and affirmations; 2) Conduct a public meeting, prior to the start of the public hearings, to explain the public hearing procedure and site location review process; 3) Arrange for the presence of a certified court reporter to attend and transcribe the conduct of all public hearings for the public record; 4) Regulate the course of the hearing, including, but not limited to, controlling the order of proceedings, consistent with this Ordinance, and to grant recesses for good cause shown. For example, good cause may be found when issues, facts, data or other pieces of evidence arise in the course of the hearing that were not reasonably foreseeable to the party requesting the recess. No recess may extend past five (5) days except due to the availability of a suitable forum for the hearing; 5) Require a witness or person presenting unsworn public comment to state his/her position either for, against, or undecided with respect to the proposed Facility; 6) Examine a witness and direct a witness to testify; 12 7) Establish reasonable limits on the duration of public hearing consistent with the Act and this Ordinance, including but not limited to the reasonable limitation of sworn testimony, unsworn oral comment, direct and cross - examination of any witnesses, and the limitation of repetitive or cumulative testimony and questioning; 8) Rule upon objections and evidentiary questions, with the understanding such rulings must be consistent with fundamental fairness, but need not be in strict compliance with the Illinois Supreme Court, Illinois Code of Civil Procedure, or any local rules of evidence governing a civil judicial trial in the State of Illinois; 9) Allow the introduction of late -filed evidence, be it written or testimonial, on behalf of any Participant, provided good cause is shown for the late - filing, the evidence is offered in and is relevant to the rebuttal portion of the Applicant's or Participant's case, and evidence was filed with the Village Clerk at least one (1) day before the public hearing at which it is offered, and fundamental fairness to all parties will be preserved; 10) The Hearing Officer shall be an attorney, licensed to practice in Illinois. The Hearing Officer shall confer with the Village Board concerning the Petition, between the Date of Filing of the Petition and the Board's decision on the Petition. Given the Hearing Officer's role of communicating with the Village Board, the Hearing Officer may not confer with the Participants (members of the public, Applicant and Village included) concerning the Petition, unless such conference takes place during the public hearing, is through correspondence which is filed with the Village Clerk (and; thus; available for everyone to view); or concerns location, time or other similar scheduling aspects of the public meeting or public hearing, or the notices for same. The only additional exception from this restriction is the Hearing Officer may confer with the Village Clerk about the upkeep or status of the public record, make a request to review or copy the public record, or confer with the Village Clerk regarding the scheduling or location of the public meeting or hearing, or arrangements for the notices of the public meeting and hearing; 11) At the conclusion of the public hearing and after consideration of all timely -filed written comments, the Hearing Officer shall submit draft written findings (of law or fact) to the Village Board and file a copy of such findings with the Village Clerk; 12) The Hearing Officer does not have the right or the power to vote, as a Village Board Member votes, on the Petition. b. Conduct of the public hearing shall be substantially as follows: I) Call to order; 2) Introduction of the Village Board Members who are present together with the Village's Corporation Counsel who is acting as Counsel for the Corporate Authorities; 13 C. 3) Introduction of the Hearing Officer; 4) Recognition of the Applicant and identification of the Petition; 5) Recognition of fees, notices, and date of filing of the Petition; 6) Recognition of the Village staff and Special Counsel present; 7) Recognition of all other Participants who have filed the Notice of Participation; 8) Recognition of all reports, exhibits, maps or documents of record; 9) Applicant, Participants represented by Counsel, and Special Counsel for the Village Staff may then make an opening statement; 10) The Village Board shall then hear testimony from the Applicant and/or any witnesses the Applicant may wish to call. Upon the close of the Applicant's testimony, Participants represented by counsel may present sworn testimony, including any witnesses and evidence they wish to present. Upon the close of all such testimony, the Village may present sworn testimony, including witnesses and evidence it may wish to present. The Hearing Officer, in the exercise of his or her discretion, may then permit rebuttal testimony and sur- rebuttal testimony; 11) All witnesses shall testify under oath and be subject to reasonable questioning as follows: direct examination by counsel; cross - examination by counsel for other Participants or the Village Staff, the Village Board and /or the Hearing Officer (including the use of written questions submitted by the Public to the Hearing Officer); redirect examination; re -cross examination; 12) Following the testimony outlined in subparagraph (j) above. any Participant not represented by counsel wishing to provide sworn testimony subject to cross - examination by others may proceed; 13) Following the testimony, if any, outlined in subparagraph (1) above, any Participant that has not otherwise presented testimony may provide tnlsworn testimony or comment, subject to the Hearing Officer's judgment concerning content and duration and consistent with fundamental fairness, 14) Closing statements, if any, by counsel for the Applicant, Participants represented by counsel, and counsel for the Village Staff, 15) Rebuttal statement, if any, by the applicant, subject to limitations as imposed by the Hearing Officer; 16) Hearing declared closed. Public comment: written and oral: 1) Any person has the right to file written comment concerning the appropriateness of the proposed Facility, or its compliance with the requirements of Section 39.2 of the Act, with the Village Clerk, at any time after the filing of a Petition and within the time limitation provided in subsection (4), below. Likewise, the Applicant, Village Staff, the 14 Corporation Counsel and/or any Participant may file draft proposed findings of fact within the same time limitation; 2. The Village Clerk, on behalf of the Village Board, shall receive written comment or draft findings of fact and the Clerk shall date stamp same, shall serve copies of the same on counsel for the Applicant and counsel for the Village, Village Staff and counsel of record for all participants; and shall file written comment and the postmarked envelope in which comment is received; 3. Copies of such written comments shall be made available for public inspection in the offices of the Village Clerk, and members of the public shall be allowed to obtain a copy of any written comment upon payment of actual cost of reproduction; 4. Any written comment received by the Village Clerk or postmarked not later than thirty (30) days after the date of the last public hearing shall be made pant of the record at the public hearing as hereinafter described and the Village Board shall consider any such timely written comments in making its final determination concerning said Petition. In the event that the thirtieth (30) day falls on a Sunday or a Federal holiday, the next day on which mail is delivered shall be considered the thirtieth (30) day for purposes of this subsection; 5. Any person has the right to provide oral, unsworn comment during the course of the public hearing, upon reasonable notice to the Hearing Officer the person desires to provide such comment and consistent with the Hearing Officer's judgment concerning the conduct of the hearing. All oral f tim mnv 1-e m Aa, �,rur Gesctrr,i)nv May 11 1 I%rltted Iii written Uw, for If the HearIrig Officer so directs. This type of comment, since it is not provided under oath, is not subject to cross - examination. G. Records Kept 1. The Village Clerk shall be responsible for keeping the records of said hearing. The records shall consist of the following: a. The Application and all amendments thereto; b. Proofs of the required notices; c Notices of Participation; d. Written comments filed by the public (either received by the Village Clerk's office or postmarked between the Date of Filing and thirty [30] days after the close of the hearing); e. All reports, studies, exhibits, documents or statements received in evidence at the public hearing; 15 f. The transcript of the public hearing-, I g. Any motions filed during the public hearing; h. All transcripts, when available, or disclosures of meetings, other than the public hearings held pursuant to this Article, at which the Mayor or a Village Board Member was in attendance and the Application was discussed; i. The Hearing Officer's proposed findings of fact and recommendations to the Village Board (including any conditions of approval); J, The resolution containing the final decision of the Village Board; 2, The Village Clerk shall be responsible for certifying all copies of the record of the public hearing. H. Siting Approval Decision 1. On or before the one hundred and eightieth (180) day following the Date of Filing, or on or before the two hundred seventieth (270) day following the Date of Filing if the Applicant filed an amendment to the Application in compliance with the timing requirements of the Act, the Village Board shall, by written resolution, upon the vote of a majority of its members, decide whether to: a. Grant the Petition, without any conditions; or b. Grant the Petition, but with conditions on such approval, provided such conditions are reasonable and necessary to accomplish the purposes of Section 39.2 of the Act and are not inconsistent with the regulations promulgated by the Illinois Pollution Control Board; or C. Deny the Petition. 2. In making its recommendation on the request for siting approval, the Village Board shall base its decision on the following criteria: a. The Facility is necessary to accommodate the waste needs of the area it is intended to serve; b. The Facility is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; C. The Facility is located so as to minimize incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding property; 16 d. The Facility is located outside the boundary of the one hundred year flood plain; e. The plan of operations for the Facility is designed to minimize the danger to the surrounding area from fire, spills or other operational accidents; f. The traffic patterns to or from the Facility are so designed as to minimize the impact on existing traffic flows; g. If the Facility will be treating, storing or disposing of hazardous waste, an emergency response plan exists for the Facility which includes notification, containment and evacuation procedures to be used in case of an accidental release; h. If a solid waste management plan was previously adopted for Cook County prior to the filing of the petition, the Facility is consistent with that plan; and i, If the Facility will be located within a regulated recharge area, any and all applicable requirements specified by the Illinois Pollution. Control Board for such area have been met. 3. In its evaluation of statutory criteria (ii) and (v) as set forth in 415 ILCS 5/39.2, the Village Board may also consider as evidence the previous operating experience and past record of violations and penalties of the Applicant and, if different, the Owner or Operator of any solid waste or gas handling operations (and, for each, any subsidiary, member, manager or parent corporation) in the flcld of solid or hazardous waste management. 4. No determination by the Village Board of a siting approval request may be reconsidered. 5. A Ioeal siting approval granted under this Chapter shall expire at the end of two (2) calendar years from the date upon which it was granted, unless the local siting approval granted under this Chapter is for a sanitary landfill operation, in which case the approval shall expire at the end of three (3) calendar years from the date upon which it was granted, and unless within that period the applicant has made application to the Illinois Environmental Protection Agency for a permit to develop the site. In the event the Local siting decision has been appealed, such expiration period shall be deemed to begin on the date upon which the appeal process is concluded. I. Administration of Fees and Costs 1. Upon termination of any proceedings under this Chapter, a final accounting and summary of all authorized expenditures and reimbursements shall be presented to the Village Board. 17 2. Any portion of an application fee not required for reimbursement to the Village for costs and expenses incurred by the Village under this Chapter shall be returned to the applicant, Should there be costs and /or expenses in excess of the amount paid by the applicant in the application fee, the applicant shall bear any and all additional costs. 3. In order to properly administer the application fee received with respect to this Chapter, the Finance Director is hereby authorized and directed to receive and hold such application fees for administration subject to the review and approval of the Village Board. 4. In order to expedite payment of all bills incurred as a result of administering this Chapter, all bills and questions concerning billing should be directed to the Finance Director. (Ord 10- , 12- 13 -10) SECTION 3: Title 7, Chapter 6, Section 13 of the Municipal Code of the Village of Morton Grove is hereby amended to read as follows: 7 -6 -13: PENALTIES: Unless otherwise provided herein, any disobeys, omits, neglects or refuses to comply with, or the provisions of this chapter shall be fined in accordance with Title 1 offense. Each day that a violation is r'errriitted to exist shall constitute person who violates, resists the enforcement of any of , Chapter 4 of this code for each a separate offense. The occupant of any premises upon which a violation of this chapter has occurred and the owner of any such premise shall be deemed prima facie liable for the violations occurring and subject to the penalties provided therefore. In the event a waste disposal firm violates any provisions of any ordinance of this village, the village shall have the right, in addition to enforcing the penalties otherwise provided, to revolve the license of such waste disposal firm. (Ord. 08 -22, 5 -12 -2008; Ord 10- , 12- 13 -10) SECTION 4: If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. m PASSED this 13`' day of December 2010. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee. Toth APPROVED by me this 13`x' day of December 2010, Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 14 °' day of December 20101 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois 04 Legislative Summary Resolution 10 -82 APPROPRIATION OF 2011 MOTOR FUEL TAX FUNDS FOR THE MAINTENANCE OF STREETS AND HIGHWAYS MFT SECTION 11- 00000 -OOGM Introduced: Synopsis: Purpose. Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds* Workload Impact: Administrator Recommendation: First Reading, Special Considerations or Requirements: December 13, 2010 To authorize the Village President to execute the documentation required by the State of Illinois for the 2011 Motor Fuel Tax program. To appropriate the Village's estimated motor fuel tax revenue for 2011 as required by the State of Illinois. Each year the Village receives a portion of the motor fuel tax collected by the State. These funds must be spent on the eligible improvements of roadways. The State requires an estimate and final statement of the maintenance expenses for each year of the program. Public Works Department The total estimated expenses for the 2011 Motor Fuel Tax Program are $635,500. State of Illinois, Motor Fuel Tax The implementation of the program is done as part of the normal operations of the Public Works Department. Approval as presented. Not required. None Respectfully submitted: r' .Joseph l� Wad', Village Adininistrator J,,' ;a . Prepared by: i � - v Reviewed by: Chris Tomich, Village Engineer Reviewed by: Teresa. Hoffman Liston, ration Counsel y DeMonte, Director of Public Works APPROPRIATION OF 2011 MOTOR FUEL, TAX FUNDS FOR THE MAINTENANCE OF STREETS AND HIGHWAYS MFT SECTION 11- 00000 -00 -GM 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 Highway Code requires the Village of Morton Grove Board of Trustees to authorize the appropriation of Motor Fuel Tax (MFT) Funds for the purpose of Maintaining Streets and Highways within the Village from January 1, 2011 to December 31, 2011; and WHEREAS, the estimated expenditures from the MFT Funds for the period January 1, 2011 to December 31, 2011, are $635,500; and WHEREAS, the attached "Resolution for Maintenance of Streets and Highways by Municipality under the Illinois Highway Code" (BLR 14230) and the "Municipal Estimate of Maintenance Costs" (BLR 1423 1) have provided for the distribution of the anticipated 2011 MFT Funds for maintenance of streets within the Village of Morton Grove, 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 Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Only those operations listed and described on the Municipal Estimate of Maintenance Costs approved in connection with this Resolution are eligible for reimbursement with Motor Fuel Tax during the period specified above. SECTION 3: The Corporate Authorities hereby approve and the Village President is hereby authorized to execute the Illinois Department of Transportation Municipal Estimate of Maintenance Costs (BLR 14231) and the Illinois Department of Transportation Resolution for Maintenance of Streets and Highways by Municipality under the Illinois Highway Code (BLR 14230). SECTION 4: Two certified copies of this Resolution will be transmitted to the District Office of the Illinois Department of Transportation at Schaumburg, Illinois. SECTION 5: That this Resolution shall be in full force and effect from and upon its passage and approval. PASSED THIS 13 °i DAY OF DECEMBER 2010 Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS 13"' DAY OF DECEMBER 2010 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 14"' DAY OF DECEMBER 2010 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois BE IT RESOLVED, by the President and Board of Trustees Village of (City, Town or Village) Morton Grove appropriated the sum of $635,500.00 • 154 A 1031111 ff i7el • •e of the (Council or President and Board of Trustees) Illinois, that there is hereby (Name) of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of the Illinois Highway Code from January 1, 2011 to December 31, 2011 (Date) (Date) BE IT FURTHER RESOLVED, that only those streets, highways, and operations as listed and described on the approved Municipal Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this resolution, are eligible for maintenance with Motor Fuel Tax funds during the period as specified above. BE IT FURTHER RESOLVED, that the Clerk shall, as soon a practicable after the close of the period as given above, submit to the Department of Transportation, on forms furnished by said Department , a certified statement showing expenditures from and balances remaining in the account(s) for this period; and BE IT FURTHER RESOLVED, that the Clerk shall immediately transmit two certified copies of this resolution to the district office of the Department of Transportation, at Schaumburg , Illinois. f, Tony Kalogerakos Clerk in and for the Village (City, Town or Village) of Morton Grove County of Cook. hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the President and Board of Trustees I at a meeting on (Council or President and Board of Trustees) IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this (SEAL) Village December 13, 2010 Date day of December, 0 (City, Town or Village) Date Department of Transportation Regional Engineer Clerk Printed 12/1/2010 BLR 14230 (Rev. 11/06) Period from 01/01/2011 to 12/31/2011 Section Number Municipality Municipal Estimate of Maintenance Costs MORTON GROVE Estimated Cost of Maintenance Operations Maintenance Operation (No. — Description) Group (i,u,m,iv) For Group I II or III Material E ui ment or Labor Operation Cost Item Unit Quantity Unit Price Cost 1 Snow Removal I Salt (State of IL) TON 4500 60.06 $270,270.00 271,500.00 & Ice Control I Calcium Chloride GAL 4400 0.56 $21464.00 21500.00 III Salaries HR 2000 34.00 $68,000.00 110,000.00 2 Bituminous Materials I Hot Mix Asphalt TON 900 48.00 $43,200.00 45,000.00 & Patching (Local) I Cold Mix Asphalt TON 200 100.00 $20,000.00 20,000.00 III Salaries HR 450 32.00 $14,400.00 15,000.00 3 Street Sweeping III Salaries HR 1200 32.00 $38,400.00 40,000.00 4 Street Lighting & IV Street Liqhtinq and Traffic 70,000.00 Traffic Signal Maint. Signal Maintenance Contract 5 Concrete I Concrete Materials CY 180 100.00 $18,000.00 18,000.00 III Salaries HR 100 32.00 $3,200.00 51000.00 6 Catch Basin Cleaning III Salaries HR 1 300 32.00 $91600.00 10,000.00 7 Pavement iviarkina IV Pavement Mkq, Contract j i 28;500:00 Total Dax Labor Costs $9,600.00 Total Estimated Maintenance Operation Cost $635,500.00 Preliminary Engineering Engineering Inspection Material Testing Total Estimated Engineering Cost Total Estimated Maintenance Cost $635,500.00 Submitted.- 12/15/2010 Vill President Approved: Submit Four (4) Copies to Regional Engineer on Regional Engineer Page 1 of 1 BLR 14231 (Rev. 2/23/06) Printed on 12/1/2010 8:32:00 AM Resolution 10 -83 AUTHORIZING THE EXECUTION OF A SERVICE CONTRACT WITH MUNICIPAL GIS PARTNERS (MGP) FOR GEOGRAPHICAL INFORMATION SYSTEM SERVICES Synopsis: To authorize the Village Administrator to execute a contract with Municipal GIS Partners, Inc. (MGP) for the maintenance and development of Geographical Information System (GIS) services in 2011. Purpose: To continue the services of Municipal GIS Partners in developing and maintaining the Village's GIS system as part of the GIS Consortium. Background, The GIS Consortium was founded in 1999 by several municipalities as a way of reducing the costs of implementing GIS technology by participating in collective bargaining, group training, joint purchasing and development and innovation sharing. The Village of Morton Grove joined the Consortium in 2002. MGP was determined to be the lowest responsible provider for the maintenance and development of GIS systems for the member communities. This contract between the Village and MGP is a continuation of these services for 20111 Programs, Departments All Village Departments utilize the GIS system, as well as Village residents or Groups Affected and businesses. Fiscal Impact: The amount of the contract is a not -to- exceed value of $53,110.00 Source of Funds: General Revenue Workload Impact: The management and implementation of the program is performed by the Public Works Department, Engineering Division as part of their normal work activities. Administrator Approval as presented. Recommendation, First Reading: Not Required, Special Considerations or None Requirements, Respectfully submitted: Josepf' F. Wide, Village Administrator Prepared by: Chris Tomich, Village Engineer Reviewed by: Teresa Hoffman Liston, Corparation Counsel Reviewed by: A d DeMonte, Director of Public Works AUTHORIZING THE EXECUTION OF A SERVICE CONTRACT WITH MUNICIPAL GIS PARTNERS (MGP) FOR GEOGRAPHICAL INFORMATION SYSTEM SERVICES WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village of Morton Grove desires to utilize a geographic information system (GIS) to assist in the service, maintenance, and Long range planning of its operations; and WHEREAS, in 1999 several municipalities established an intergovernmental agreement setting forth the responsibilities of the parties hereto with regard to the operation of a consortium, known as the Geographic Information System Consortium (GISCon), to develop, maintain and share GIS data and applications; and WHEREAS, in 2002 a GIS Committee was formed to evaluate the future direction of the Village's GIS and recommended joining the GISCon to cost efficiently and effectively develop and maintain the Village's GIS; and WHEREAS, on November 11, 2002, the Village of Morton Grove entered into an agreement to join GISCon; and WHEREAS, the success of GISCon has resulted in growth from four municipalities in 1999 to seventeen in 2010, which reduces the Village's overall cost of participation; and WHEREAS, GISCon desires to limit expenses in developing GIS for their communities by participating in collective bargaining, group training, joint purchasing and development and innovation sharing; and WHEREAS, the GISCon researched the geographic information system service providers and find Municipal GIS Partners, Inc. (MGP) to be the lowest responsible service provider; and WHEREAS, MGP has a history of successfully providing GIS services to the Village at a reasonable cost; and WHEREAS, MGP represents to be in compliance with Illinois Statutes relating to professional registration of individuals and continues to have the necessary expertise and experience to furnish such services upon the terms and conditions set forth in the contract in Exhibit "A "; and WHEREAS, funds for this contract are included in the proposed 2011 budget, in account number 022025 - 552110; and WHEREAS, the amount of the contract is a not -to- exceed value of $53,110,00. 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 Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village Administrator of the Village of Morton Grove is hereby authorized and directed to execute and the Village Clerk of the Village of Morton Grove is authorized to attest a contract with Municipal GIS Partners, Inc. providing the Village of Morton Grove with geographical information system services as provided in their contract attached hereto and as described in Exhibit "A." SECTION 3: The Village Administrator and Village Engineer are hereby authorized to implement the contract and provide for GIS services. SECTION 4: This Resolution shall be in full force and effect from and upon its passage and approval. PASSED THIS 13`" DAY OF DECEMBER 2010 Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS 13`' DAY OF DECEMBER 2010 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 14t" DAY OF DECEMBER 2010 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois GIS Consortium Service Provider Contract This CONTRACT made and entered into this 1st day of January, 2011, by and between the Village of Morton Grove, an Illinois municipal corporation (hereinafter referred to as "Village "), and Municipal GIS Partners, me. (MGP), 701 Lee Street, Suite 1020, Des Plaines, Illinois 60016 (hereinafter referred to as "Consultant "); and WHEREAS, the Village desires to engage the Consultant to provide support services in connection with the Village's geographical information system ( "GIS "); and WHEREAS, the Consultant represents to be in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below; NOW, THEREFORE, it is hereby agreed by and between the Village and the Consultant that: I. SCOPE OF SERVICES The Scope of Services shall be as set forth in the "Proposal for Geographic Information System Services" (Attachment, 1). Should there be a conflict in terms between this Contract and the Proposal, this Contract shall control. II. PERFORMANCE OF WORK All work hereunder shall be performed under the direction of the Village Administrator(/ of the Village or his designee (hereinafter referred to as the "Village A d lYYf nlstrator "). III. INDEPENDENT CONTRACTOR The Consultant shall at all times be deemed to be an independent contractor, engaged by the Village to perform the services set forth in Attachment 1. Neither the Consultant nor any of its employees shall be considered to be employees of the Village for any reason, including but not limited to for purposes of workmen's compensation law, Social Security, or any other applicable statute or regulation. IV. PAYMENT TO THE CONSULTANT For work associated with the project, the Consultant shall be reimbursed in an amount NOT TO EXCEED 153,110. A. The Consultant shall submit invoices in a format approved by the Village. B. The Consultant shall maintain incurred. The Consultant shal Village to inspect and audit all done under this Contract. The at reasonable times during the termination of this Contract. records showing permit the auth data and records Consultant shall Contract period, actual time devoted and cost orized representative of the of the Consultant for work make these records available and for a year after C. The Village shall make monthly payments to the Consultant based upon actual progress, within 35 days after receipt of invoice. https:tfsliarwpoint.mgpine. coin /AdministrationfContracts /Morton Grove. IU2011 January/.. NiGPService13roviderAgreement _2011.doex V. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the Village may terminate this Contract at any time upon fifteen (15) days prior written notice to the Consultant. In the event that this Contract is so terminated, the Consultant shall be paid for services actually performed and reimbursable expenses actually incurred, if any, prior to termination, not exceeding the value of work completed determined on the basis of the percentage completed as agreed upon between the Village and the Consultant. VI. TERM This Contract shall become effective as of the date the Consultant is given a written Notice to Proceed and, unless terminated for cause or pursuant to Article V foregoing, shall expire on December 31 2011, or on the date the Village Administrator determines that all of the Consultant's work under this Contract is completed. A determination of completion shall not constitute a waiver of any rights or claims which the Village may have or thereafter acquire with respect to any breach hereof by the Consultant. VII. RENEWAL OF CONTRACT The Village shall. decide at least sixty (60) days before the end of the Term, as defined in Article VI of this Contract, whether the Village desires to engage the Consultant in another Contract to provide support services in connection with the Village's geographical information system. The Village shall provide the Consultant written notice within thirty (30) days of said decision. VIII. NOTICE OF CL-AIM If the Consultant wishes to make a claim for additional compensation as a result of action taken by the Village, the Consultant shall give written notice of his claim within fifteen (15) days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the Consultant's fee shall be valid only to the extent that such changes are included in writing signed by the Village and the Consultant. Regardless of the decision of the Village Administrator relative to a claim submitted by the Consultant, all work required under this Contract as determined by the Village Administrator shall proceed without interruption. IX. BREACH OF CONTRACT If any party violates or breaches any term of this Contract, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if any party, by reason of any default, fails within thirty (30) days after notice thereof by the other party to comply with the conditions of the Contract, the other party may terminate this Contract. X. INDEMNIFICATION The Consultant shall indemnify and save harmless the Village and its officers and employees from and against any and all loss, liability and damages of whatever nature, including Workmen's Compensation claims by Consultant's employees, in any way resulting from or arising out of negligent actions or omissions of the 2 Consultant in connection herewith, including negligent actions or omissions of employees or agents of the Consultant arising out of the performance of this Contract. XI. NO PERSONAL LIABILITY No official, director, officer, agent, or employee of any party shall be charged personally or held contractually liable by or to the other party under any term or provision of this Contract or because of its or their execution, approval, or attempted execution of this Contract. XII. NON - DISCRIMINATION In all hiring or employment made possible or resulting from this Contract, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental, or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall. apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. No person shall be denied, or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Contract on the grounds of sex, race, color, creed, national origin, marital status, the presence of any sensory, mental or physical handicap or age except minimum age and retirement provisions. Any violation of this provision shall be considered a violation of a material provision of this Contract and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Contract by the Village. XII.. ASSIGNMENT AND SUCCESSORS This Contract and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the Village. XIV. DELEGATING AND SUBCONTRACTING Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Contract and the Consultant shall remain liable to the Village with respect to each and every item, condition and other provision hereof to the same extent that the Consultant would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. XV. NO CO- PARTNERSHIP OR AGENCY It is understood and agreed that nothing herein contained is intended or shall be construed to, in any respect, create or establish the relationship of co- partners between the Village and the Consultant, or as constituting the Consultant as the general representative or general agent of the Village for any purpose whatsoever. XVI. SEVERABILITY The parties intend and agree that, if any paragraph, subparagraph, phrase, clause, or other provision of this Contract, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Contract shall remain in full force and effect. 3 XVII. HEADINGS The headings of the several paragraphs of this Contract are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit, or describe the scope of intent of any provision of this Contract, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. XVIII. MODIFICATION OR AMENDMENT This Contract constitutes the entire Contract of the parties on the subject matter hereof and may not be changed, modified, discharged, or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed. in writing herein or in a duly executed amendment hereof, or Change Order as herein provided. XIX. APPLICABLE LAW This Contract shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. XX. NEWS RELEASES The Consultant may not issue any news releases without prior approval. from the Village Administrator nor will the Consultant make public proposals developed under this Contract without prior written approval from the Village Administrator prior to said documentation becoming matters of public record. XXI. COOPERATION WITH OTHER, CONSULTANTS The Consultant shall cooperate with any other persons in the Village's employ on any work associated with the project. XXII. NOTICES All notices, reports and documents required under this Contract shall be in writing and shall be mailed by first class mail, postage prepaid, addressed as follows: If to Village: Village of Morton Grove Chris Tomich, Village Engineer 6101 Capulina Avenue Morton Grove, IL 60053 If to Consultant: MGP, Inc. Thomas A. Thomey 701 Lee Street, Suite 1020 Des Plaines, IL 60016 XXIII. INTERFERENCE WITH PUBLIC CONTRACTING: P.A. 85 -1295 The Consultant certifies hereby that it is not barred from entering into this Contract as a result of violations of either Section 33E -3 or Section 33E -4 of the Illinois Criminal Code. rd XXIV. SEXUAL HARASSMENT POLICY: 775 ILCS 512- 105(A)(4) The Consultant certifies hereby that it has a written Sexual Harassment Policy in full compliance with 775 ILCS 5/2- 105(A)(4). XXV. WRITTEN COMMUNICATIONS All recommendations and other communications by the Consultant to the Village Administrator and to other participants, which may affect cost or time of completion, shall be made or confirmed in writing. The Village Administrator may also require other recommendations and communications by the Consultant be made or confirmed in writing. IN WITNESS WHEREOF, the undersigned have placed their hands and seals hereto on the date first above written. ATTEST: Village Clerk ATTEST: B.7 11 5 Village Administrator CONSULTANT By 11 Proposal for Geographic Information System Services Attachment 1 1) GE_ NERAL PURPOSE The purpose of this agreement is for the Village to enter an agreement with the Consultant for all or part of its geographic information system (GIS) management, development, operation, and maintenance. In addition to supporting the existing GIS program, the Consultant will identify opportunities for continued development and enhancement. The Village will be sharing management, development, and. maintenance expertise and staffing with other municipalities as a member of the Geographic Information System Consortium (GISC). The benefits to the Village include, but are not limited to, collective bargaining for rates and services, shared development costs, and ,joint purchasing and training. The Consultant is the sole Service Provider for GISC and is responsible for providing the necessary GIS professional resources to support this entity. The Consultant will facilitate and manage resource, cost, and technical. innovation sharing among GISC members. ?) CONFIDENTIALITY This attachment includes proprietary and confidential information. It shall not be copied, circulated, or otherwise provided to any person or organization that is not part of the process established for its consideration without the advance written permission of MGP, Inc., 3) SERVICE TYPES For the purpose of cost accounting, the Consultant will provide two (2) service types to the Village. The intent of this distinction is to track specific types of investment without overburdening general operation of the GIS program. Many of these services will go unnoticed to the Village but are required to sustain the GIS program. The Consultant will employ reasonable professional discretion when specific direction is not provided by the Village or the GIS Consortium. A. Services relate to the direct management, development, operation, and maintenance of the Village GIS required to reasonably support the system. B. Services relating to the investigation, research, and development of new functionality and capability for the GIS Consortium and its members. 4) SERVICES The Consultant will help provide the necessary resources to support the Village GIS program. The allocation of these resources will be reasonably commensurate with the level of expertise required to fulfill the specific task thus enabling efficient use of Village investment. The Consultant includes, but is not limited to, the following personnel: hUps 1/ sharepoint.. mgpinr.. com/ A(imin)stration /Caotracts/Morton Grove, iL /201.1 January/ MGPServiceProviderAgreement ._2611.docx A. A GIS Manager that is responsible for the overall implementation of the GIS program based on the directions and instructions of the Village. The GIS Manager will provide senior- consultant services and will provide coordination and facilitation of GISC developments and initiatives. Budget forecasting and work reporting will be provided by the GIS Manager as directed by the Village. B. A GIS Coordinator is responsible for the including the coordination of resources. services to the Village in determining th GIS program. The GIS Coordinator will program resources including Consultant Village committees and user groups. operation of the GIS program The GIS Coordinator will provide short- and long -term needs of the be responsible for managing the resources, external agencies, and C. A GIS Data Administrator is responsible for managing the data model and administering the database and related information. The GIS Data Administrator plans, implements, and configures the data to enhance performance and maintain integrity of the data system. D. A GIS Application Developer that is responsible for the conceptualization, design, development, testing, installation, documentation, training, and maintenance of GIS and related software. Software includes, but is not limited to; computer programs, form designs, user manuals, data specifications, and associated documentation. E. A GIS Analyst is responsible for analyzing and planning special projects that require skills beyond the typical operation of the system. Special projects may include the development of ad hoc maps, layers, databases, and user solutions. F. A GIS Specialist that provides the daily operation, maintenance, and support of the GIS. This individual is typically fully allocated to the Village and is responsible for database development and maintenance, map production, user training and help -desk, user group support, and system support and documentation. 5) PROJECTED UTILIZATION Projected utilization is an estimate of service hours required of the Consultant by the Village. This projection is established by and between the Village, GISC, and the Consultant. Although variations are anticipated, the Village and the Consultant have a fiduciary responsibility to GISC and its members to meet their projected utilization. Significant variations in actual utilization may negatively influence service rates for GISC members. The anticipated projected utilization for each Consultant service is: A. 493 hours of GIS Specialist B. 49 hours of GIS Coordinator C. 41 hours of GIS Analyst D. 41 hours of GIS Data Administrator 7 E. 41 hours of GIS Application Developer F. 41 hours of GIS Manager 6) SERVICE RATES Rates are based on projected utilization of DISC members in collective bargaining with the Consultant. The Consultant guarantees these rates for the term of this agreement as long as actual utilization is reasonably consistent with projected utilization. The GISC collective bargaining rates are as follows: A. 66.50 B. ' 83.10 C. 83.10 D. 1.103.80 E. $103.80 F. $103,80 per per per per per per hour hour hour hour hour hour for GIS Specialist for GIS Coordinator for GIS Analyst for GIS Data Administrator for GIS Application Developer for GIS Manager 7) FACILITIES AND EQUIPMENT The Village is required to provide the Consultant adequate space, furnishings, hardware, and software to fulfill the objectives 6f the GIS program. The facilities requirement is no different than would be otherwise required by the Village to support a GIS program. The rate structure extended to GISC members i.s contingent on these provisions for the Consultant. Facilities and equipment include, but are not limited to, the following A. Full -time office space for the GIS Specialist and periodic office space for guests. This space should effectively and securely house all required GIS systems, peripherals, and support tools. This space must be available during normal business hours. B. Furnishings including adequate desk(s), shelving, and seating accommodations for the GIS Specialist and periodic guests. A telephone line and phone to originate and receive outside calls. A network connection with access to the Internet. C. Hardware including a workstation, server, plotter, printer, digitizer, scanner and network infrastructure. D. Software including GIS software(s), productivity tools, application development tools, commercial databases, and network access software. E. The Village is responsible for installing, operating, and maintaining the backup and recovery systems for all Village owned GIS assets that permits the Consultant to continue services within a reasonable period of time following a disaster. 8) BILLING & PAWENT The Consultant will invoice the Village on a monthly basis for work completed and work in- progress. The Consultant requires 100% payment within 35 days of invoicing. 8 9) INTELLECTUAL PROPERTY If any intellectual property should be developed during the course of this agreement, the Village and the Consultant shall be joint owners of said intellectual property. A. It is understood that this agreement does not grant to the Village or any employees, partners, business associates or other associated parties thereof, any rights in any intellectual property developed by the Consultant outside the terms of this agreement, or any protectable interests stemming there from. B. The Village and the Consultant agree, that no assignments, authorization of reuse by others, giveaways, license grants, sales, transfer, security interests, or any other grant of rights for any intellectual property that may be developed during this agreement, will be made to any third party without a written agreement between the Village and the Consultant. C. If this agreement between the Village and the Consultant should be terminated, the Village shall, in good faith, allow the Consultant, any reasonable use of any Intellectual Property developed during this Contract. M istative Summa Ordinance 10 -26 GRANTING A SPECIAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION MINI MART IN THE VILLAGE OF MORTON GROVE Introduced: I December 13, 2010 Synopsis: Purpose: Background: Programs, Depts or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend Second Reading: Special Consider or Requirements: This ordinance will approve a special use permit for alterations to an automobile service station mini -mart at 6000 Oakton Street, Morton Grove, Illinois. An automobile service station is only allowable in the Village's Municipal Code by special use perm it. Nasri Ayasra /Austin - Oakton Service Inc. located at 6000 Oakton Street, Morton Grove, Illinois rnade an application for a special use permit for alterations to an automobile service station mini - mart. The applicant seeks permission to convert one service bay in the existing automobile service station to a sales area. This will include food sales with new food display shelves, coolers with beverages, and other cold goods. The sales space will be enclosed with a new wall and window and new door along the front to replace the larger overhead door for the garage bay. New planters with landscaping will be installed along the exterior of the new wall. Otherwise, the site will stay unchanged; the existing two service bays and gasoline pumps and canopy will remain. In accordance with the provisions of the Morton Grove Unified Development Code, a public hearing was conducted on November 15 , 2010. Staff indicated the applicant 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 and responded satisfactorily to the Appearance Commission and the Traffic and Safety Commission. Following the hearing, the Plan Commission and Village staff unanimously recommends the special use permit be approved subject to certain conditions which are set forth in the ordinance. The Plan Commission. also recommends, along with Village staff a variation be granted from front yard requirements to allow a 1.5' (1'6 ") variation, after -the -fact, to allow a front yard setback of 8.5' (8'6 ") feet for the existing canopy. The applicant has requested a waiver of the second reading, due to the timing of the construction schedule involved along with the winter conditions for this project. Building and Inspectional Services, Community and Economic Development, and Legal The development will generate additional sales taxes, which cannot be estimated at this time. Not Applicable. The Special Use Permit will be implemented and supervised by staff as part of their normal wort: activities. Approval as presented. The applicant has requested waiver of second reading (letter attached). Based on a request from the applicant, the Village Administrator has asked this ordinance be passed on its first reading due to the intervening holiday schedule so construction can begin immediately. Respectfully submitted: w 'Jose 9,'F./ de, Village Administrator Prepared by:'� Teresa HoffYinan; iston, Corporation Counsel Reviewed by.: .John D. Said, Community and Economic Develop Dir GRANTING A SPECIAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION MIDI MART IN THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 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, Nasri Ayasra/Austin- Oakton Service Inc., 6000 Oakton Street, Morton Grove, Illinois has made proper application to the Plan Commission of the Village of Morton Grove under Case No. PC 10-03 requesting the approval of a special use permit for proposed alterations to an automobile service station mini -mart at 6000 Oakton Street, Morton Grove, Illinois; and WHEREAS, the property is located in the M2 General Manufacturing District; and WHEREAS, Section 12 -4 -4 allows automobile mini -mart stations as a special use in the M2 General Manufacturing District subject to the provisions of Section 12 -5 -5A — Automobile Service Siations (Criteria for Specific Commercial Special Uses); and WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public notice duly published in the Alforton Grove Chamlfir3rl, a newspaper of general circulation in the Village of Morton Grove, which publication took place on October 28, 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 November 15, 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 December 8, 2010, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A "., and WHEREAS, the Corporate Authorities have considered this matter at a public meeting and find pursuant to the relevant provisions of the Village of Morton Grove Unified Development Code the proposed special use is so designed, located, and proposed to be operated 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 property located at 6000 Oakton Street is hereby granted a special use permit for proposed alterations to an automobile service station mini -mart subject to the following conditions and restrictions which shall be binding on all owners and lessees: The proposed alterations to Austin - Oakton Service Inc. shall be constructed in accordance with the following: d Site Plan "Sheet 3" (no date), prepared by Design Partners Ltd. for Commission review; Facade & Landscape Plan "SK- 1018" (no date), prepared by Design Partners Ltd.; and e Typical Floor Plan "Sheet 6" (no date), prepared by Design Partners Ltd. 2. Any outdoor refuse and /or recycling areas shall be provided in a solidly screened enclosure area to be appro =red by the Building C'on2n�issioner. 3. The hours of operation for this facility shall be limited to: Monday through Friday 5 a.m. to I 1 p.m., Saturday 6 a.m. — I I p.m., and Sunday 7 a.m. — 8 p.m. 4. Landscaping on the subject site shall be maintained so as to maintain sight distance visibility for traffic and driveway intersections on the subject site and adjacent sites. 5. The applicant shall install parking blocks in those parking spaces adjacent to public sidewalks in a manner to minimize vehicle overhang onto the public sidewalk. 6. The accessible parking spaces on the subject site shall be relocated, if required, to conform to applicable accessibility requirements. 7. All employee parking, refuse /recycling containers, and snow removal equipment shall be located within the solid fenced enclosure at the north end of the property. 8. Snow plowing, storage and removal shall be completed in such a manner so as to maintain site accessibility for parking, walking and vehicular access. SECTION 3: The Village Board hereby approves the following variation: 1. A 1.5' (I'6 ') variation, after - the -fact, to allow a front yard setback of 8.5' (8'6 ") feet for the existing canopy. SECTION 4: The owners, lessees, occupants, and users of the special use property, their successors and assigns 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 terms 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 13"' DAY OF DECEMBER 2010. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS 13`x' DAY OF DECEMBER 2010. Daniel J. Staaekmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 14 °i DAY OF DECEMBER 2010 Tony S. Kalogerakos, Village Clerk Village of Morton Grove. Cook County, Illinois 10 Date, F �M W 11HIN c V illage of o gi.. rov 7 Ronald L. Farkas, Chairman, Planning Commission December 8, 2010 Plan Commission Case PC10�03v Request for Special Use Permit and Associated Variation for an automobile service station minimmart at f)000 Oakton a r '-r♦ Public Notice Legal notice for this public hearing was published in the Morton Grove Champion newspaper on October 28, 2010. Public notice letters were sent to property owners within 250 feet of the subject property on October 28, 2010. A public notice sign was placed on the subject properly, also on October 28, 2010. Applicant and Request Summary The applicant, Nasri Ayasra (Austin - Oakton Service Inc.), requests approval of a Special Use and associated variations for proposed alterations to an automobile service station mini -mart. The request includes a front setback zoning variation for the existing canopy. Mr. Ayasra appeared before the Commission at the public hearing and testified on behalf of this request. Testimony included the following information: Testimony On November 15, 2010, a public hearing was conducted by the Morton Grove Plan Commission after notice of said hearing was published in the Champion newspaper on October 28, 2010, written notification was sent to property owners within 250 feet of the subject property and a sign was posted on the property as required by ordinance, regarding: Plan Commission case PC 10 -03, wherein the applicant, Austin- Oakton Service, Inc. by Nasri Ayasra, 2 -S 730 Williamsburg Ct., Oak Brook, IL 60523, requested a special use permit and zoning variations for proposed alternations to an existing automobile service and mini -mart station located at 6000 West Oakton Street, to allow the conversion of one service bay to a sales area for food beverages and other cold goods. The request also includes a front yard setback zoning variation for the existing canopy. John D. Said, Director of Community Development and Village Planner, introduced the case on behalf of the Village. He reviewed the details of the request, namely that the site is zoned M2, General Manufacturing, and consists of approximately 24,964 square feet (0.57 acres). It is Richard T. Flickin8er Municipal Center 6101 Capulina Avenue e Morton Grove, Illinois 60053 -21985 Tel: (847) 965 -4100 Fax: (847 j 965 -4 16 I ,r ka Preservation of Health, Safety, Morals and Welfare � The establishment, maintenance and operation of the Special Use will not be detrimental to or endanger the public health, safety, • s:. or general • The proposed convenience mart use and associated variation 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 improving the appearance of this site. 2. Adjacent Properties — The Special Use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the uses permitted in the zoning district, • The proposed project represents a minor change from the existing use on the site. This existing use is generally less intensive than uses on adjacent sites, which are primarily industrial. The new building exterior and other improvements to be installed will improve the appearance of this site from nearby properties. Adjacent taxpayers and properties were all notified of this request. 3. Orderly Development � The establishment of the Special Use will not impe normal and orderly development or impede the utilization of surrounding property for permitted in the zoning district. • The existing property is located within the M2 "General Manufacturing° zoning district, and the project represents a very minor change in the existing use on the subject site, which is in a built -out area. The project will therefore not impede the normal and orderly development of other uses in this district. It will contribute to the community and support businesses in the community. • The minor conversion of a service bay to a convenience mart does not change requirements for utilities, access roads, drainage and other existing facilities. These facilities currently provide adequate services to this site and the surrounding area. • No changes to existing traffic are expected due to this minor site change. Existing ingress and egress points will be maintained. 3 3. Any outdoor refuse and /or recycling areas shall be provided in a solidly screened enclosure area to be approved by the Building Commissioner, 4. The hours of operation for this facility shah be limited to: Monday through Friday 5 a.m. to 11 p.m., Saturday 6 a.m. — 11 p.m., and Sunday 7 a.m. — 8 p.m. 5. Landscaping on the subject site shall be maintained so as to maintain sight distance visibility for traffic and driveway intersections on the subject site and adjacent sites. 6. The applicant shall install parking blocks in those parking spaces adjacent to public sidewalks in a manner to minimize vehicle overhang onto the public sidewalk. 7. The accessible parking spaces on the subject site shall be relocated, if required to conform to applicable accessibility requirements. 8. All employee parking, refuse /recycling containers, and snow removal equipment shall be located within the solid fenced enclosure at the north end of the property. 9. Snow plowing, storage and removal shall be completed in such a manner so as to maintain site accessibility for parking, walking and vehicular access. I: \Commissions \planning \2010 \PC I0 -03 AUSTIN- OAKTON SERVICE INC \pc10 -03 commission report.doc 5 6000 Oakton Street Morton Grove, IL 60053 Tele: 847/965 -0670 Fax: 847/956 -0567 November 19, 2010 The Honorable Dan Staackmann President Village of Morton Grove 6101 Capuiina Avenue Morton Grove, IL 60053 RE: Case No.: PL -10 -03 Plan Dear President Staackmann, At the Plan Commission Meeting on November 151h' the announcement was made that the next phase of meetings would be with the Village Trustees and that there would be two meetings regarding the proposed work to be done for 6000 Oakton. The first reading is scheduled for December 13th and because of the holiday season, I was wondering if you would please consider waiving the 2"d reading and have the final comments made on December 13th? I am looking forward to your response. Thanking you in advance. Sincerely, yours, Austin- Oakton Services, Inc.