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HomeMy WebLinkAbout2012-03-12 AgendaAGENDA VILLAGE OF MORTON GROVE MEETING OF THE BOARD OF TRUSTEES TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER March 12, 2012 7:00 pm 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes— Special Meeting ofFebruary 27, 2012 Regular Meeting of February 27, 2012 5. Special Reports a. Plan Commission Case PC12 -01 Requests a Special Use for a Proposed Karaoke Bar at the Address Commonly Known as 9235 Waukegan Road, to be Presented by Plan Commission Chairperson Ron Farkas b. Plan Commission Case PC 12-02 Requests a Special Use for an Existing Funeral Home with a Proposed Expansion in the CI District at the Address Commonly Known as 6251 Dempster Street, to be Presented by Plan Commission Chairperson Ron Farkas C. Presentation of a Property Maintenance Report by Building Commissioner Pro Tem Bill Porter 6. Public Hearings 7. Residents' Comments (agenda items only) 8. President's Report — Administration, Northwest Municipal Conference, Council gfMayors, TIF Committee, Capital Projects, Real Estate Committee 9. Clerk's Report — Legal, Cable and Telecommunications Commission a. Approval of Executive Session Minutes (04/25/11 pre, 04/25/11 post, 05109/11, 06/13/11, 07111/11, 08/08/11, 10/10/11, 11/14/11111/28/11) b. Release of Executive Session Minutes —None C. Destruction of Tapes of Executive Sessions as Authorized by the Illinois Open Meetings Act (10/07/09, 10/12/09, 10/21/09, 11/04/09, 11109/09, 11111/09, 11/20/09, 12114/09, 01/11/10 pre, 01/11/10 post, 01/25/10, 02/08/10, 02/15/10, 02/22/10, 03/02/10, 03/22/10, 04/12/10, 04/26/10, 05110/10, 05/24/10, 06/14/10, 06/28/10, 07/12/107 08/13/10, 08/30/10, 09/13/10) 1 1. Reports by Trustees (continued) d. Trustee Marcus (continued) 5) Resolution 12 -22 (Introduced March 12, 2012) Authorizing the Execution of a Contract with Insituform Technologies, Inc. for the 2012 Sewer Lining Program e. Trustee Thill — Building Department, Appearance Commission, Capital Projects, Plan CommissionlZoningBoard ofAppeals (Trustee Toth) I) Ordinance 12 -06 (Introduced February 27, 2012) (Second Reading) Granting an Amendment to the Special Use Permit for the Property Located at 8710 Fen-is and 8701 Lincoln Avenue for a Planned Unit Development in the Village 2) Ordinance 12 -07 (Introduced March 12, 2012) (First Reading) Granting a Special Use Permit to Allow a Funeral Home (Undertaking Establishment) Expansion at the Property Located at 6251 Dempster Trustee Toth — Finance Department, Finance Advisory Commission, Northwest Municipal Conference, Advisory Commission on Aging, Family and Senior Sernrices Department (Trustee Gomberg) l) Ordinance 12 -08 (Introduced March 12, 2012) (First Reading) Amending title 4, Chapter I, Section 3, and Title 4, Chapter 5, Section 6 of the Municipal Code to Modify when Business Licenses and Liquor Licenses are Due 12. Other Business 13. Presentation of Warrants - $313,017,58 14. Residents' Comments 15. Executive Session — Personnel Matters, Labor Negotiations, Fending Litigation, and Real Estate 16. Adjournment -To ensure full accessibility and equal participation for all interested chLens, 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 (847/470 -5220) promptly m allow the Village to make reasonable accommodations. 10. Staff Reports a Village Administrator Pro Tern 1) Miscellaneous Reports and Updates Corporation Counsel 11. Reports by Trustees a. Trustee DiMaria — Fire Department, Emergency Management Agency, RED Center, NIPSTg, Police and Fire Commission (Trustee Grear) b. Trustee Gomberg— Police Department, Environmental Health, Police and Fire Commission, IT Communications (Trustee Marcus) 1) Resolution 12 -23 (Introduced March 12, 2012) Authorizing the Purchase of Panasonic CF -31 Toughbook Mobile Data Computers through the Illinois State Bid Program Contract 4CMSI 560940A C, Trustee Grear— Community and Economic Development Department, Chamber of Commerce, TVaukegon Road TIE Review, LehighlFerris TIF Review, Dempster Street Corridor Pian, Real Estate Committee, Comprehensive Plan, Economic Development (Trustee DiMaria) 1) Resolution 12 -19 (Introduced March 12, 2012) Setting a Time and Place for a Public Hearing Regarding a Redevelopment Plan and Project, Designating a Redevelopment Project Area, and Adopting a TIF, All for the Dempster /Waukegan Redevelopment Area d. Trustee Marcus — Public hhorks Department, Condominium Association, Community Relations Commission, Solid Waste Agency ofNorthern Cook County, Natural Resource Commission, Traffic Safety Commission (Trustee Thill) I) Ordinance 12 -03 (Introduced February 27. 2012) (Second Reading Amending the Municipal Code, Title 7, Chapter 2, Section 6 Entitled "Removal of `Trees" in the Village 2) Ordinance 12 -05 (Introduced February 27, 2012) (Second Reading) Amending Title 7, Chapter 6, Section 12 and 13 Entitled "Pollution Control Facility" of the Municipal Code of the Village 3) Resolution 12 -20 (Introduced March 12, 2012) Authorizing the Acceptance of a Host Community Agreement Between the Village and Lakeshore Waste Services, LLC 4) Resolution 12 -21 (Introduced March 12, 2012) Authorizing the Purchase of a 2012 Ford F -350 Chassis Cab with Dump Body and Snow Plow through the North Suburban Purchasing Procurement Program -' ;# MINUTES OF THE FEBRUARY 27, 2012, SPECIAL MEETING OF THE BOARD OF TRUSTEES RICHARD T. FLICKINGER MUNICIPAL CENTER 6101 CAPULINA AVENUE MORTON GROVE, ILLINOIS 60053 Pursuant to proper notice in accordance with the Open Meetings Act, the special meeting was called to order at 6:00 pm by Village President Daniel. Staackmann who led the assemblage in the pledge of allegiance. In attendance were: Elected Officials: Mayor Daniel J. Staackmann, Village Clerk Tony S. ICalogerakos, and Trustees Daniel DiMaria, Larry Gomberg, William Grear, Sheldon Marcus, John Thill, and Trustee Toth Absent: Corporation Counsel Teresa Hoffinan Liston Village Staff: f ire Chief Tom Friel Also Present: None Mayor Staackmann stated the purpose of the meeting was to discuss pending litigation, personnel matters, and purchase /sale of real estate, and review of Executive Session minutes all of which are appropriate for Executive Session. Trustee DiMaria then moved to adjourn to Executive Session to discuss pending litigation, personnel matters, purchase /sate of real estate, and review of Executive Session minutes. The motion was seconded by Trustee Thill and approved unanimously pursuant to a roll call vote at 6:02 pm. At the conclusion of the Executive Session, Trustee DiMaria moved to adjourn the Special Meeting. The motion was seconded by Trustee Marcus and approved unanimously pursuant to a voice vote at 6:47 pm. Minutes by: Tony S. Kaloverakos, Village Clerk Special meeting minu(cs2 -27 -11 Richard T. Flickinger Municipal Center 6101 Capulina Avenue ^ Morton Grove, Illinois 60053 -2985 Tel: (847) 965 -4100 Fax: (847) 965 -4162 km P Recvcled Paper CALL TO ORDER I. Village President Dan Staackmann called the meeting to order at 7:00 p.m. and directed the Clerk to call the roll. Village Clerk Tony Kalogerakos called the roll. Present were: Trustees Dan DiMaria, Larry Gomberg, Bill Grear, Shel Marcus, John Thill, and Maria Toth, Ill. APPROVAL OF MINUTES Regarding the Minutes of the Special Meeting /Community Workshop of January 30, 2012, Trustee DiMaria moved, seconded by Trustee Grear, to accept the Minutes as presented. Motion passed unanimously via voice vote Regarding the Minutes of the February 13, 2012 Regular Board Meeting, Trustee DiMaria moved, seconded by Trustee Toth, to accept the Minutes as presented. Motion passed unanimously via voice vote. IV. SPECIAL REPORTS NOUN V. PUBLIC HEARINGS NONE Vl, RESIDENTS' COMMENTS (Agenda Items Only) Greg Gilbert, Chairman of the Natural Resources Commission, spoke regarding Ordinance 12 -03 on this evening's Agenda. He said that the Ordinance has to do with establishing a process for the removal of trees 10 inches in diameter or greater. While the Commission does not advocate the removal of trees, Mr. Gilbert said that this Ordinance gives the Village a "say" in the removal process to ensure safety, and is ultimately for the good of Morton Grove. He said he hoped the Board would consider the ordinance favorably. VI. RESIDENTS' COMMENTS (Agenda Items Only) (continued) Mr. Gilbert added that he had just learned from Bill Burns, the Village's Forester, some good news —Morton Grove has received a $10,000 aae grant for the planting of new trees. Dena Anastos, a 51 -year resident, wanted to know how many instances there have been where people have gotten hurt by trees. She said she was opposed to having trees destroyed. Mayor Staackmann reminded her that this portion of the meeting is for Residents' Comments, not a question- and - answer period. Ms. Anastos said she felt that no decision should be made by the Board without public input. The mayor explained that the Village does want public input. The Ordinance is merely being introduced this evening, no vote will be taken. This procedure gives the public two weeks to comment on the Ordinance before it is voted upon. VII. PRESIDENT'S REPORT Mayor Staackmann proclaimed March 31 from 8:30 p.m. to 9:30 p.m. as "Lights Out America —Earth Hour" in the Village. He noted that Earth Hour encourages communities.. businesses, and individuals to turn off non - essential lights for one hour, a simple step which is needed to cut carbon dioxide emissions. He urged residents and businesses to participate by turning off all non - essential lighting between 8:30 and 9:30 p.m. on March 31. 2. Mayor Staackmann brought forward Ordinance 12 -04, Amending Title 1, Chapter 5, Section 8 of the Municipal Code to Modify the Meeting Agenda. This is the second reading of this Ordinance. He explained that the Board had recently gone through some training provided by the Illinois Attorney General's Office regarding the Open Meetings Act. This training highlighted the need to update the Village Code and agenda for Village Board meetings to make provisions granting all persons an opportunity to address the public body (currently, the Village Code only provides for "resident comments ") at Board meetings. This ordinance will formalize the Village's protocol of imposing a reasonable time limit (four minutes) for public comments. In keeping with past practice, this time limit can be extended at the discretion of the Village President. Trustee Thill moved to adopt Ordinance 12 -04, seconded by Trustee Marcus. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aae Tr. Grear acre Tr. Marcus aye Tr. Thill acre Tr. Toth acre Vill, CLERK'S REPORT Clerk Kalogerakos had no report. Ix. STAFF REPORTS A. Village Administrator: Electrical Aggregation Referendum a. Village Administrator pro tem Ryan Horne introduced Dave Hoover from the Northern Illinois Municipal Electrical Collaborative (NIMEC) to give a brief report on electrical aggregation. b. Mr. Hoover said that NIMEC is a buying group comprised of 10 municipalities in northern Illinois whose purpose is to help municipalities purchase power for such things as street lighting and water pumping. The State of Illinois has recently passed legislation allowing municipalities to purchase power for its residents. He said that, to date, 19 communities have taken advantage of this new law, and in each case, their residents and small businesses are realizing significant savings. The new law does not pertain to municipal operations; rather, it is similar to the way municipalities negotiate rates and "aggregate" garbage and recycling pick -up. c. Mr. Hoover explained that, prior to deregulation, ComEd was "one -stop shopping ". After the 2007 deregulation, ComEd was left with distribution of power while its parent company, Exelon, kept the nuclear reactors. Exelon can and does compete with other power companies to deliver power. Businesses and residents are free to negotiate with any of those companies, but ComEd will still be doing the actual delivery of power. Mr. Hoover said that many businesses have taken advantage of deregulation and have negotiated less expensive rates with other power companies, but not too many residential customers have done the same. d. Thus, the State is trying to "jumpstart" this in order to get more residential customers on board with saving more. The State told ComEd that it had to continue billing (for customer familiarity) and allowed municipalities to act as "purchasing agents" for residents and buy power "in bulk" to get more competitive rates. NIMEC's role is to help with the bidding /evaluation process. e. The Village has a referendum on the March 20th ballot asking residents to allow it to "aggregate" electrical rates —in effect, acting as the residents' purchasing agent. Residents currently and would continue to have the option to "opt out" of any agreement the Village enters into, should the referendum pass. Mr. Hoover said again that 19 communities have negotiated "bulk" electrical purchase and residents are saving as much as 25 -30% or $115 per year. He said this was about twice as much savings as residents could get if they negotiated with a different power company on their own. f. If the referendum passes, there would be two public /informational hearings about this process ComEd comes out with its new rates in May. A bid package would be sent to other companies in June, and hopefully, by late summer, new power company rates would kick in. g. Mayor Staackmann pointed out that the village is not taking a position on the referendum. It's there for the people to decide. h. Trustee Thill noted that if residents can realize a 25% savings, they must have been paying ComEd a 25% markup. Mr. Hoover said that, in effect, they are, because the Illinois Power Agency (IPA) negotiated long -term rates with ComEd in the pre- recession days. Current market rates are much lower. T _ _ _ v._ . 1n—U1 #5 r �arum_y_272D12 s IX. STAFF REPORTS A. Village Administrator Trustee Thill also asked about ComEd's ability to raise the fees it charges for their lines. Mr. Hoover said that the Illinois Commerce Commission (ICC) regulates this, so if ComEd wants a rate increase, it must go before the ICC or change the rules at the State legislative level, which is what they did earlier this year. j. Trustee Gomberg asked if NIMEC was a private company. Mr. Hoover said yes, and noted that there are other companies out there who do what NIMEC does, however, NIMEC has done about 80% of the aggregated electrical business. k. Village Administrator pro tern Horne said that information and FAQs would be posted on the Village's website. He said the Village has worked with NIMEC before to purchase electricity for the Water /Enterprise Fund. The resolution regarding working with NIMEC is on this evening's Agenda so that, if the referendum passes, the Village can get the ball rolling much sooner. He said, "The sooner we get to the market, the sooner residents save money." 2. District 67 Referendum Presentation a. Mr. Horne introduced District 67 Superintendent, Dr. Jamie Reilly, to give a presentation on the two District 67 questions on the March 20th ballot. b. Dr. Reilly reviewed District 67's current state, noting that both Golf and Hynes Schools received awards from the State of Illinois for Academic Excellence in 2011. In 2010, Chicago Magazine ranked Hynes School #32 and Golf School #35 of the 300 elementary schools in Cook County. No other Niles Township schools were ranked within the top 35. c. Describing how school funding works, Dr. Reilly said that school districts levy annually for taxes. 84% of District 67's revenue is from property tax. Tax cap limits mandate that each year's levy request is equal to the previous year's plus CPI. The State recommends maintaining a 25% fund balance to cover expenditures to avoid short -term borrowing; District 67 is currently at 27 %. Dr. Reilly stated that, by the end of this fiscal year, the fund balance would be below 25 %. School districts do have the ability to issue bonds without voter approval, but District 67 has maxed out its capacity to do so (without voter approval) for the next 16 years. The cost per pupil is $13,889 for operational and $8,001 for infrastructure, which places District 67 in the middle of all the other Niles Twp. High School feeder schools in terms of cost - per - pupil. Dr. Reilly said that the District's cost - cutting measures over the last four years have included, among other things, staffing reductions, salary freezes for non - certified staff and administra- tion, outsourcing of the food service; concessions from the Teachers Association (including elimination of tuition reimbursement and some salary concessions), reduction of clubs; a 25% budget reduction in supplies, and the replacement of contracted services with in -house employees. The District also refinanced some outstanding bonds to take advantage of lower interest rates and restructured the Business Office (a $100,000 savings). She said that the last successful referendum for District 67 was in 1969. D67's fund balance is the lowest of all the Niles Twp. Elementary Districts at 27 %. Dr. Reilly commented that other area school districts have healthier fund balances because they've had successful referendums. IX. STAFF REPORTS A. Village Administrator: e. There are two questions on the ballot. One asks to go out for bonds for facilities— things such as building repair, a new HVAC system, new boilers plumbing and a new gym for Hynes School —and for safety improvements such as secure entrances at both schools. Dr. Reilly pointed out that the State mandates that each school must offer physical education every day for the same amount of time as other content areas. For the past 17 years, the District has gotten a waiver from the State for Hynes because its gym doubles as its lunchroom, and is unavailable for use as a gym for a significant block of time each day. f. Currently, the District's waiver goes through the year 2014, and then it can apply for one more waiver, which would go to 2016. If this referendum fails and a new gym cannot be built, the District's only option would be to put two classes in PE at once beginning In 2016. g. The other question on the ballot has to do with operating costs. Dr. Reilly said the School Board is looking to be able to maintain the current level of programming and staffing, and be able to meet increasing annual expenditures and decreasing State and Federal revenue. Dr. Reilly reviewed the period 2002 through 2008. She noted that, in 2002, the District's fund balance was 91 %, meaning its revenues were closely balanced with expenditures. However, since 2002, revenue has been going down while expenditures have been going up. If the referendum does not pass, and no cuts are made, in a short time, the District will have no fund balance at all. There is a list on District 67's website indicating the ramifications and cuts for both facilities and operations if both referenda questions are not approved. Dr. Reilly said that the financial impact on taxpayers in Morton Grove for the facilities question would be $31 per $1,000 of property taxes paid, and $47 per $1,000 for the operations questions, or a total of $78 per $1,000 total. She explained that the language used for the Limiting Rate question (the operations question) is dictated by the State, and does not factor in the Cook County multiplier, thus, if voters could be confused by reading the question as stated on the ballot. She said it's much easier to think of the financial impact in terms of one's property tax, as noted previously. That gives a truer estimate of what residents will pay. Dr. Reilly noted that early voting began today, and the questions both appear on the March 20th primary ballot. k. Trustee Thill asked if only District 67 residents would be voting on this issue. Dr. Reilly said yes, it is not Village -wide. A portion of Niles voters will also be voting on it. Trustee Marcus thanked Dr. Reilly for the information. He said this issue is personal for him as his children went to Golf School and he himself served on the District 67 School Board a number of years ago. He said he hoped people realize that schools operate separately from the Village, and that the community benefits from having good school systems. School districts are an important part of everyone's tax bill, and he encouraged residents to be aware of the taxes they pay for local elementary schools and the high school district in their area. B. Corporation Counsel: Corporation Counsel Liston had no report. - —` =" �t7inuC�s- 1sf� $rtl�rY��- ZA12�n3rd�fe -edAyj X. TRUSTEES' REPORTS A. Trustee DiMaria: Trustee DiMaria had no report. Trustee Gomberq Trustee Gomberg presented Resolution 12 -13, Authorizing the Purchase of Police Pursuit Vehicles Through the Suburban Purchasing Cooperative Bid Program. He explained that every three years, high mileage squad cars are replaced to insure key equipment utilized by the Village's police officers does not fail during their normal course of duty. The squad cars are utilized 24 hours a day and need to be in excellent condition at all times. Four police squad cars were budgeted for purchase in 2012 at a cost of $100,000. Thanks to the Suburban Purchasing Cooperative, the Village is able to purchase four 2012 Dodge Charger police cars for $23,766 each, or a total of $95.064, which is under budget. Trustee Gomberg moved to approve Resolution 12 -13, seconded by Trustee DiMaria. Motion passed: 6 ayes, 0 nays. Tr. DiMaria ave Tr. Gomberg awe Tr. Grear ave Tr. Marcus aye Tr. Thill aye Tr. Toth acre Trustee Gomberg announced that Officer Dennis Johnson had received the Police Department's "Officer of the Year" award. Many other officers were commended at this awards ceremony. The Police Department received 65 letters of appreciation from grateful citizens last year. C. Trustee Grear: Trustee Grear had no report. D. Trustee Marcus: 1. Trustee Marcus presented for a first reading Ordinance 12 -03, Amending the Municipal Code, Title 7, Chapter 2, Section 6, Entitled "Removal of Trees" in the Village of Morton Grove. a. Trustee Marcus said that in 2005, the Village created the Natural Resource Commission, which studied the Village's existing ordinances regulating and protecting trees. Commission members then presented the Board with several recommendations. This ordinance incorporates one of those recommendations. The management of this program would be handled by Public Works as part of their normal work activities. The Public Works Director will coordinate any tree removal operation. There was much discussion on this topic. I-- .. �.. MMuteS- Df4Wlirnary 7;72612SWrMM &ViMg X. TRUSTEES' REPORTS (continued) D. Trustee Marcus: (continued) b. Trustee Grear thanked the Natural Resource Commission for its due diligence. He said that, as an elected official, his primary concern must be the safety of residents in Morton Grove. Nevertheless, he said he had some concerns about legislating the removal of trees on private property. Trustee Grear said he has talked with staff and several of his colleagues about this, but still does not feel comfortable passing an ordinance stating whether a resident can or cannot take down a tree on their own property. He also pointed out that a 10" diameter tree is a fairly large tree. Trustee Toth said that she had similar concerns, and wondered if the Village had any records as to how many trees 10 inches in diameter or greater have been removed from private property in the last year, or if any surrounding towns had a similar ordinance. She asked if the Public Works Director would have to go out and look at each tree to make a determination whether a permit was needed, and if the Public Works Department would be doing the actual tree removal. d. Trustee Grear said he was confused about how the ordinance is written. It would appear that the Village is charging a permit fee of $75 for residents to possibly have a large tree removed. e. Trustee Marcus noted that a tree with a diameter of 10 inches or greater is likely to be 20 to 25 feet high. He said that he was first presented this ordinance, he had the same concerns; however, the Village can and does set permit fees for the safety of the community and individual to make sure things (such as tree removal, in this case) are handled properly, so to pose no problems to an individual's home or his neighbor's. Tree disposal also must be done properly. Residents do not need to get a permit to remove smaller (under 10 inches in diameter) trees, but even in those cases, the way the tree is disposed of is vital, especially if the tree is diseased. Trustee Marcus said he felt the permit fee of $75 was fair and equitable, and also felt the $500 penalty for not following the stated process was valid. He said he did not feel that this ordinance "goes too far'; it establishes guidelines and a process. f. Trustee Grear wanted to clarify whether or not this ordinance was merely amending the Municipal Code to set a permit fee, or was it telling people what they can or can't do. g. Mayor Staackmann said the ordinance does not regulate what a person can or cannot do. It gives the Village the ability to see that large trees are cut down safely, by a licensed tree professional, and disposed of properly — especially diseased trees. With this ordinance in place, the Village will also be able to begin building a database of what trees are being cut down. h. Trustee Toth asked if a portion of the $75 permit fee could go toward purchasing /planting new trees. Mayor Staackmann said that would be at the Board's discretion. Trustee DiMana noted that, in the construction industry, if a 10 -inch tree is taken down, the builder has to put 10 inches of tree back (it could be two 5 -inch trees or five 2 -inch trees, etc.). It doesn't necessarily have to be a 10 -inch tree. Trustee Gomberg asked if there's anything in the ordinance that states that the tree has to be diseased in order for it to be removed. Mayor Staackmann said no, and reiterated that there is nothing in the ordinance that infringes on property rights. incites'offtbrtrarM;2012SDaM X. D. Trustee Marcus: (continued) TRUSTEES' REPORTS (continued) j. Trustee Marcus felt that Trustee Toth's suggestion had merit, and pointed out that the Board had taken $10,000 from the Village's recycling program and put it toward tree planting, and, as stated earlier by the Natural Resource Commission Chairman, the Village has now received a grant for $10,000, also for tree planting. k. Mayor Staackmann said that staff now has an indication of the Board's concerns, which they can address. This ordinance will be voted on at the Board's regular meeting on March 12th. 2. Next, Trustee Marcus introduced for a first reading Ordinance 12 -05, Amending Title 7, Chapter 6, Sections 12 and 13 of the Municipal Code of the Village of Morton Grove Entitled "Pollution Control Facility ". He explained that the Village, like other communities in the area, has received inquiries regarding allowing pollution control facilities to be located within its corporate limits. This would be any site which stores waste, transfer stations, waste treatment facilities with incinerators, or sanitary landfills. In order to be proactive, this amendment to the Village Code will establish regulations consistent with the Environment Protection Act of Illinois to codify a procedure for an application wishing to obtain permission from the Village to locate and operate such a facility in Morton Grove. This 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 approval hearings. Trustee Marcus then presented Resolution 12 -14, Authorization to Execute a Contract With Twin Supplies, Ltd. For the Retro -Fit and installation of Energy Efficient Lighting in Village -Owned Buildings. He explained that the Village had received a free energy audit from Twin Supplies, Ltd., and determined afterwards that lighting in Village -owned building could be upgraded. This would provide enhanced lighting and energy efficiency. The cost to do so is $144,093.18, but Twin Supplies will fill out grant applications on behalf of the Village. The grants would provide the total amount of funding from the Department of Commerce and Economic Opportunity and the Illinois Clean Energy Act. After the Village receives the grant monies, Twin Supplies will provide all material and labor in order to complete the lighting upgrades. Once the upgrades are complete, the Village will turn over the remaining grant proceeds to Twin Supplies, Ltd. Trustee Marcus moved to approve Resolution 12 -08, seconded by Trustee Toth. Motion passed: 6 ayes, 0 nays. Tr. DiMaria afire Tr. Gomberg afire Tr. Grear ave Tr. Marcus aye Tr. Thill acre Tr. Toth ave 4. Next, Trustee Marcus presented Resolution 12 -15, Guarantee of Municipal Work Performed on State of Illinois Right -of -Ways Within the Village of Morton Grove. He explained that this is a routine guarantee provided by many municipalities. X. D. Trustee Marcus: (continued) TRUSTEES' REPORTS (continued) j. Trustee Marcus felt that Trustee Toth's suggestion had merit, and pointed out that the Board had taken $10,000 from the Village's recycling program and put it toward tree planting, and, as stated earlier by the Natural Resource Commission Chairman, the Village has now received a grant for $10,000, also for tree planting. k. Mayor Staackmann said that staff now has an indication of the Board's concerns, which they can address. This ordinance will be voted on at the Board's regular meeting on March 12th. 2. Next, Trustee Marcus introduced for a first reading Ordinance 12 -05, Amending Title 7, Chapter 6, Sections 12 and 13 of the Municipal Code of the Village of Morton Grove Entitled "Pollution Control Facility ". He explained that the Village, like other communities in the area, has received inquiries regarding allowing pollution control facilities to be located within its corporate limits. This would be any site which stores waste, transfer stations, waste treatment facilities with incinerators, or sanitary landfills. In order to be proactive, this amendment to the Village Code will establish regulations consistent with the Environment Protection Act of Illinois to codify a procedure for an application wishing to obtain permission from the Village to locate and operate such a facility in Morton Grove. This 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 approval hearings. Trustee Marcus then presented Resolution 12 -14, Authorization to Execute a Contract With Twin Supplies, Ltd. For the Retro -Fit and installation of Energy Efficient Lighting in Village -Owned Buildings. He explained that the Village had received a free energy audit from Twin Supplies, Ltd., and determined afterwards that lighting in Village -owned building could be upgraded. This would provide enhanced lighting and energy efficiency. The cost to do so is $144,093.18, but Twin Supplies will fill out grant applications on behalf of the Village. The grants would provide the total amount of funding from the Department of Commerce and Economic Opportunity and the Illinois Clean Energy Act. After the Village receives the grant monies, Twin Supplies will provide all material and labor in order to complete the lighting upgrades. Once the upgrades are complete, the Village will turn over the remaining grant proceeds to Twin Supplies, Ltd. Trustee Marcus moved to approve Resolution 12 -08, seconded by Trustee Toth. Motion passed: 6 ayes, 0 nays. Tr. DiMaria afire Tr. Gomberg afire Tr. Grear ave Tr. Marcus aye Tr. Thill acre Tr. Toth ave 4. Next, Trustee Marcus presented Resolution 12 -15, Guarantee of Municipal Work Performed on State of Illinois Right -of -Ways Within the Village of Morton Grove. He explained that this is a routine guarantee provided by many municipalities. X. TRUSTEES' REPORTS (continued) D. Trustee Marcus: (continued) The Illinois Department of Transportation (IDOT) requires a permit and financial security (highway bond) within their rights -of -way, similar to the Village's permit process for work performed in its own rights -of -way. Municipalities have the option of providing financial security for each repair, or may provide a guarantee that all work performed by the Village within the State's rights -of -way will conform to their requirements of the performance for the work. Providing this guarantee will eliminate the time and cost of procuring a bond for each permit. Trustee Marcus moved to approve Resolution 12 -09, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. DiMaria acre Tr. Gomberg Z Tr. Grear aye Tr. Marcus Bare Tr. Thill ave Tr. Toth ave 5. Trustee Marcus then brought forward Resolution 12 -16, Authorizing the Purchase of a 2012 Ford F -250 Pica; -Up Through the North Suburban Purchasing Cooperative Procurement Program. He explained that the Public Works Department routinely inspects vehicles and equipment for fuel economy, safety, dependability, age, and excessive repair cost. This resolution authorizes the purchase of a 2012 Ford F -250 Pick -Up to replace a 1998 Chevrolet pick -up with high mileage. Funding in the 2012 budget has been approved in the amount of $223,335 for the replacement of Public Works vehicles and equipment. This vehicle will cost $27,876. Trustee Marcus moved, seconded by Trustee DiMana, to approve Resolution 12 -16. Motion passed: 6 ayes, 0 rays. Tr. DiMaria Byre Tr. Gomberg ave Tr. Marcus Byre Tr. Thill ave Tr. Grear ave Tr. Toth ave 6. Lastly, Trustee Marcus presented Resolution 12 -18, Authorizing the Northern Illinois Municipal Electric Collaborative (NIMEC) and Preparing Documents for the Aggregation of Municipal Electric Supply. He explained that the Village has placed a referendum on the March 20, 2012 ballot seeking authorization to aggregate electric supplies for all residents and small businesses who do not choose to opt out of the program. It is believed that such aggregation will result in lower electric rates. Should the referendum pass, the village will need assistance in assembling documents and completing the necessary paperwork to finish this lengthy process. Working with NIMEC will get Morton Grove out into the market as quickly as possible to ensure that savings start as soon as possible. The Village has worked with NIMEC in the past: they have the most experience in helping communities achieve optimal competitive electrical pricing. This resolution will authorize NIMEC as the Village's exclusive consultant and broker for the aggregation process. Trustee Marcus moved, seconded by Trustee Toth, to approve Resolution 12 -18. Trustee Gomberg asked if there would be any cost to the Village. X. D. Trustee Marcus: (continued) TRUSTEES' REPORTS (continued) Village Administrator pro tem Horne said the Village will not pay directly, NIMEC's fees will be paid by the winning bidder. If there are no competitive bids, NIMEC will not be paid. Trustee Thill asked how NIMEC makes any money. Mr. Horne reiterated that NIMEC's fees are paid by the winning bidder, similar to a broker relationship. Upon the vote, the motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aye Tr. Grear ave Tr. Marcus acre Tr. Thill acre Tr. Toth ave Trustee Marcus thanked his colleagues for tonight's discussion, saying that he was pleased to work with individuals who are honest in their opinions, and noting that even when there's differences of opinion, everyone is thinking about what is in the best interests of the community. E. Trustee Thill: Trustee Thill presented for a first reading Ordinance 12 -06, Granting an Amendment to the Special Use Permit for the Property Located at 8710 Ferris and 8701 Lincoln Avenue for a Planned Unit Development in the Village of Morton Grove. He explained that this Planned Unit Development was originally for the construction of 65 town homes, but in 2007, at the request of the owners, the Village approved an amendment to the special use permit to provide 64 town homes and to change the mix of the style of the units. The current request is to reduce it to 63 units with 8 units in Building #4 instead of 9. Per the Village's Unified Development code, such minor changes are allowed without the need of going through a full formal Plan Commission process, as long as the amendment has been approved by the Village Administrator, Corporate Counsel, Building Commissioner, and Plan Commission Chairperson. All of those officials have approved of this proposed amendment. F. Trustee Toth: Trustee Toth presented Resolution 12 -17, Authorizing the Support of the Northwest Mu- nicipal Conference 2012 Legislative Program. She explained this resolution will confirm the Village's support of the Northwest Municipal Conference's efforts to provide a comprehensive platform on legislative issues in order to protect and benefit the interests of its member municipalities, residents, and businesses. This platform strives to help protect local government revenues, online sales tax collection and sales tax sourcing rules, and addresses labor - related cost drivers such as pension reform, preventing abuse of the Public Safety Employees Benefit Act, and balancing the interest arbitration process. The Village is in support of all of these various platforms. 10 X TRUSTEES' REPORTS (continued) F. Trustee Toth: (continued) Trustee Toth moved to approve Resolution 12 -17, seconded by Trustee Grear. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg ave Tr. Grear ave Tr. Marcus ave Tr. Thill ave Tr. Toth acre XL OTHER BUSINESS NONE XII. WARRANTS Trustee Toth presented the Warrant Register in the amount of $1,102,045.32. She moved to accept the Warrants, seconded by Trustee Marcus. Trustee Thill asked if a payment made to A -Lamp Construction was the final payment for the Dempster Street work. Public Works Director Andy DeMonte said it was a check for work done on the Lincoln /Ferris improvements, and he wasn't sure if it was a final payment. He said he would let Trustee Thill know. There being no discussion, Mayor Staackmann called for the vote. Motion passed: S ayes, 0 nays, 1 abstain. Tr. DIMaria abstain Tr. Gomberg ave Tr. Grear ?L Tr. Marcus ave T r. Thill aye Tr. Toth ave Xlll. RESIDENTS' COMMENTS @[i7►� XIV. ADJOURNMENT /EXECUTIVE SESSION Trustee DiMaria moved to adjourn the Meeting. Trustee Thill seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. DiMaria ave Tr. Gomberg ave Tr. Grear acre Tr. Marcus ave Tr. Thill ave Tr. Toth ave The meeting adjourned at 8:31 p.m. 11 PASSED this 12th day of March, 2012. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 12th day of March, 2012. Daniel J. Staackmann, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 13th day of March, 2012, Tony S. Kalogerakos, Village Clerk Village of Morton Grove, Cook County, Illinois Minutes by Teresa Cousar 12 To: From: Date: Planning Commission moaning 50 of Appeals Village President and Board of Trustees I / J� Ronald U. Farkas, Chairman, Plan Commission � �i' � f� /"__ February 29, 2012 v R Plan Commission Case PO12 -01; Halle Yurovksy (9235 Waukegan Road": Request for Special Use for a proposed karaoke bar in the CI District Commission Report Public Notice was provided for the public hearing for this request in accordance with applicable requirements. A public notice was originally published on December 29, 2011, and letters were sent to surrounding property owners on February 2, 2012. A public notice sign was placed on the subject property on December 29, 2011. On February 20, 2012, a public hearing was conducted by the Morton Grove Plan Commission after notice for this public hearing was duly provided, as noted above, for Plan Commission case PC 12 -01. PC 12 -01 consists of the following: A Special Use request by applicant Halle Yurovsky in accordance with Sec. i2 -4 -3 -D of the Unified Development Code (UDC) to permit a proposed karaoke bar at 9235 Waukegan. (The Special Use includes a parking variation, as described later in this report.) Director of Community Development and Village Planner John D. Said introduced the case on behalf of the Village. He reviewed details of the request, including the proposed business, the applicable zoning aspects for this request, and details of the area where the proposed 'business is seeking to locate. Mr. Said emphasized that the proposed business is not strictly a bar, as those are not allowed in the Village, but rather most closely fits the classification for 'taverns with live and vocal entertainment as referenced in the Unified Development Code, Mr. Said also explained the parking variation, which amounts to a minor 5 -space variation to establish consistency with current parking requirements. The applicant was present at the hearing, along with Civil Engineer Mr, Mike Kipnis. Both Ms. Yurovsky and Mr. Kipnis testified concerning their request, including providing details of the floor plan, parking, and other operational details of the proposed business. Their testimony and overview included the following information: The subject site, at 9235 Waukegan Road, is a tenant space in a shopping center that has approximately 13 tenant spaces and about 75 parking spaces. The shopping center is located at the southeast corner of Waukegan and Beckwith. The existing businesses in the center include food stores, a tobacco shop, a liquor store and other retail and commercial uses. The only vacant space in the center would be occupied by the karaoke lounge. Richard T. Flicking er Municipal Center 6101 Capulina Avenue o Morton Grove; Illinois 60053 -291 - Tel: (847) 965 -4100 Fax: (847) 965 -4162 vv,t The applicant further testified that the business will include liquor service, soft drinks, and snack foods. The layout will include a series of three small rooms where smaller groups will be present for karaoke entertainment The applicant emphasized that this business would provide Psian- style karaoke, which uses smaller rooms for entertainment, unlike the American -style karaoke in larger tavern settings. The applicant also testified that soundproofing will be provided to minimize noise to neighboring businesses and properties, as well as between interior rooms. Upon questioning from the Plan Commission, applicant Ms, Yurovsky testified concerning liquor service, smoking (strictly prohibited inside the business per state law), and the soundproofing for the business. The Commission also asked about the later weeknight hours, to which the applicant replied that her typical customers will likely be Asians, specifically Mongolians, that often have different hours than the typical office or business hours many people have. According to Ms. Yurovsky, because many Mongolians are employed as personal in -home care providers, their working hours usually extend later than typical office hours. Further questions from the Commission focused on parking and the shopping center. In response, the applicant and Mr. Klpnis testified that their review of the center indicated that most businesses close in the late afternoon or early evening, which is about the time that the karaoke business would begin its operations. They testified that this offset in hours would allow an increased availability of parking in the shopping center lot. After Commissioner questions were concluded, members of the public in attendance were invited to express their views on the project. They included the following individuals: • Mike Kalodimos, 6805 Beckwith, questioning the appropriateness of the proposed use in this area, and expressing concern regarding drunk driving accidents. He also testified as to the nearby location of Golf Middle School, and that the proposed use would increase traffic accidents in the area. • Bob Clark, 6841 Maple, testifying in opposition to the business locating there. He also identified the middle school location, and said if the proposed business could locate somewhere else he would be okay with it. He also testified as to traffic concerns with visibility. He also asked if the second story patio would be available for customers. He concluded by noting a concern with customers in the waiting area simply there to consume alcohol and not participate in the karaoke use. • Richard Toth, 8917 Nashville, testified as to his concerns that the project does not meet the Standards for Special Use, especially concerning health, safety and welfare, and with surrounding properties. He said that adding the business would lower the quafity and standards of the Village, and property values. He also testified as to the concentration of liquor and tobacco businesses in this area, and that these are counter to the goals of the TIF that the Village has been trying to achieve with that plan. • Herman Banchello, 9225 Waukegan Road, testified concerning this request. He testified that he is the landlord of the property and so he has the strongest interest in its success. He said that nearby uses are similar to this proposal and are not causing any problems. He also said the applicant has a good credit rating and good character and that she would do a good job with this business. He also said that the upstairs balcony is his part of his office and not available for tenants. He closed by 2 testifying that he cleans the alley behind the center, and that he wants to fill this vacancy as he has bills including a large property tax bill • Mike Kaiodimos, 6805 Beckwith, testified in response to Mr. Barichello by testifying that he appreciates the owner's concerns, but that he visited many houses in the area and no residents were okay with the use. • Harz Ikhlas, 6901 Beckwith, testified concerning the project He said he is the closest neighbor and has concerns with children in the area, especially with the existing tobacco and liquor businesses, and now this. Carden Zembron, 9328 Oak Park Ave., testified asking about Police records for this type of use. Mr. Said replied that he checked with many other communities and that none indicated particular problems with this type of business. 6 Bill Luksha, 5640 Capri, testified that he's familiar with the shopping center because he shops there. He said that there's ice on the driveways in the winter, and as a result there's been some near miss traffic accidents. He said that this business would add to that concern. He also asked if there were any minimum distance requirements between this type of use and schools (Staff responded that the Village's liquor regulations specified 100 feet, and that this site is about 1000 feet from the school). He testified that while the applicant might have a successful and legitimate business, problems could arise if the business is sold to someone else in the future. Staff then read two letters into the record; one from Dr. Jamie Reilly, Supt. of School District 67, expressing concerns about the project, especially the TIF efforts and the idea that this business would be counter to the Village's goals for this corridor. The second letter was from Kathy Pearson of 9226 New England, expressing concerns that parking would overflow onto her street and that customers would cut through her yard. Upon conclusion of testimony from the public, Mr. Kipnis provided the details of his traffic and parking analysis. He mentioned that parking counts were done several times with no problems observed. Commissioners asked about when the counts were done; Mr. Kipnis noted that they were done weeknights and weekends; however Mr. Kipnis noted that the business times for parking demand had been Tuesday nights. Further discussion between the Commission, the applicant and the landlord focused on school hours, soundproofing and the kitchen area. The Commission learned from the applicant that the kitchen area would be used to prepare snacks, steamed dumplings and appetizers. Findinos of Fact — Special Use The applicants provided written testimony concerning the applicable Standards for a Special Use as specified in Sec. 12 -16 -4C of the Unified Development Code. Three of the Commissioners concurred with this testimony, and with the verbal testimony of the applicant, while the other three did not concur with the testimony of the applicant. The written testimony of the applicant is summarized below: 1. Preservation of Health, Safety, Morals and welfare — The establishment, maintenance and operation of the Special Use will not be detrimental to or endanger the public health, safety, morals or general welfare. The business will be a small -scale business, and only for adults. IT is located in an existing business plaza and contained inside of the building. The business will, follow applicable requirements, 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 property will be well- equipped with soundproof walls that will not create any disturbance to neighboring areas. The entrance will only be from the front door. Orderly Development — The establishment of the Special Use will not impede normal and orderly development or impede the utilization of surrounding property for uses permitted in the zoning district. The entire area is already developed, and all existing business are operating. 4. Adequate Facilities — Adequate utilities, access roads, drainage and other necessary facilities are in existence or are being provided. The business will be using existing utilities, access roads, and drainage. s. Traffic Control — Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the public streets. The proposed use of the subject site should not draw substantial amounts of traffic on local residential streets. The business will be using existing driveways and parking lots. It is locating on a site that has easy access from the main road, on a commercial street and not in a residential area. Customers can easily access the area from the lot. d. /adequate Buffering — Adequate fencing and /or screening shall be provided to ensure the right of enjoyment of surrounding properties to provide for the public safety or to screen parking areas and other visually incompatible uses. There is an adequate buffer because the plaza has already been developed. This is a low key type of activity, and the plaza is separated by fences and trees from the houses behind it. 7. Conformance to Other Regulations — The Special Use shall, in all other respects, conform to applicable provisions of this Ordinance or amendments thereto. Variation from provisions of this Ordinance, as provided for in Section 12-16 - 3A1, may be considered by the plan Commission and the Village Board of Trustees as a part of the special use permit. The business will conform to applicable provisions and do so in a reasonable manner. Commission Recommendations Special Use: It was moved, and seconded, to recommend approval of the Special Use for this project. The motion failed: Yes 3; No 3; Absent 1 The voting: Chairman Farkas Aye Commissioner Blonz Aye Commissioner Dorgan Aye Commissioner Gabriel No Commissioner Witko No Commissioner Roepenack Absent Commissioner Shimanski No The Plan Commission recommended the following conditions of approval: 1. 2. 3 4. 5 6. 5 The proposed karaoke business shall be constructed in accordance with the floor plan submitted by the applicant titled "Existing Floor Plan" (no date). A parking variation of 5 spaces is hereby granted as part of this Special Use. Should the Village observe future difficulties with parking, such as parking demand that exceeds supply or excessive offsite parking, the Village then reserves the right to: a. Conduct future reviews of parking supply and demand at this location, including both the karaoke business and the entire shopping center. b. Require the applicant to appear before the Plan Commission and Village Board to amend their special use with a plan to solve parking concerns identified by the Village. The shopping center shall be required to provide accessible (handicap) parking that conforms to the Illinois Accessibility Code. There shall be no public (customer) access through the rear entrance adjacent to the alley. The hours of operation of the business shall 'oe limited to the following: a. 5:00 p.m. to 11:00 p.m. Monday and Tuesday; b. 5:00 p.m. to 12:00 a.m. Wednesday, Thursday and Sunday; and c. 5:00 p.m. to 1:00 a.m. Friday and Saturday. The soundproofing insulation to be installed for this business shall have a minimum value of 55 STC (sound transmission coefficient). To: From: Date: .� Rage of n Norton � ry1rove. Planning Commission �omng Board of Appeals Village President and Board of Trustees / Ronald U. Farkas, Chairman, Plan Commission " 7l I f y / February 24, 2012 Re: Plan Commission Case PC12 -02; Simkins Funeral Home (6251 Dempster Street); Request for a Special Use for an existing funeral home with a proposed addition in the C1 District Commission Report Public Notice was provided for the public hearing for this request in accordance with applicable requirements. A public notice was published on February 2, 2012, and letters were sent to surrounding property owners on February 2, 2012. A public notice sign was placed on the property on February 8, 2012. On February 20, 2012, a public hearing was conducted by the Morton Grove Plan Commission after notice for this public hearing was duly provided, as noted above, for Plan Commission case PC 12- 02. PC 12 -02 consists of the following: • A Special Use request by Michael Simkins /Simkins Funeral Home in accordance with Sec. 12 -4 -3 -D of the Unified Development Code (UDC) to permit an existing funeral home ( "Undertaking establishment ") with a proposed addition. Director of Community Development and Village Planner John D. Said introduced the case on behalf of the Village. He reviewed details of the request, including the existing business, proposed addition, layout and applicable zoning aspects for this request. Mr. Said noted that the existing business is a legal nonconforming operation that was apparently constructed legally long before adoption of current zoning requirements. He noted that the addition (and existing building) meet building placement, height and bulk requirements. Mr. Said also explained that existing parking for the funeral home, including the expansion, exceeds Village requirements. Mr. Said further explained that the proposed building addition will be about 40' wide and will extend out to the front from the existing building about 17'. The addition will consist of an interior expansion containing about 490 square feet (29' by 17). The addition also includes a covered walkway /portico that is about 11' wide (also extending to the front about 1T). The applicants, Mike and Bill Simkins, were present at the hearing. Both testified that the proposed addition will expand the chapel space for one of the chapel areas in the funeral home, in order to accommodate larger funeral /memorial gatherings. They also testified about the proposed facade for the addition by explaining that the addition will be a beige - colored brick. They could not match the existing brick, so they chose another attractive exterior. Richard T. FIieIcinger Municipal Center 6101 Capulina Avenue • Morton Grove. Illinois 6005'-2901 a Tel: (847) 965 -4100 A"= (847) 965 -4162 �&7 There were only a few general questions from Ran Commissioners concerning the addition's location and facade materials, and no one from the audience chose to comment on this reauest. Findings of Fact — Special Use The applicants provided testimony concerning the applicable Standards for a Special Use as specified in Sec. 12 -16 -4C of the Unified Development Code. The Plan Commission unanimously concurred with this testimony. The testimony of the applicant is summarized below: S. Preservation of Health, Safety, Morals and Welfare — The establishment, maintenance and operation of the Special Use will not be detrimental to or endanger the public health, safety, morals or general welfare. Simkins Funeral Home is an established business that has provided funeral services to the community for a long time. It is in the third generation of ownership and has been involved in community service for a long time. The minor addition will in no way change the business operations. 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 addition will not alter at all the use of other properties in the area. The improved and updated look of the business on Dempster Street will enhance the neighborhood. 3. Orderly Development —The establishment of the Special Use will not impede normal and orderly development or impede the utilization of surrounding property for uses permitted in the zoning district. The expansion should in no way affect any development of surrounding property, which is already developed. 4. Adequate Facilities — Adequate utilities, access roads, drainage and other necessary facilities are in existence or are being provided. The expansion will not need new access roads or drainage systems. S. Traffic Control — Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the public streets. The proposed use of the subject site should not draw substantial amounts of traffic on local residential streets. The business has several driveway access points and two parking lots for vehicles, so no problem is anticipated with traffic on public streets. 6. Adequate Buffering — Adequate fencing and /or screening shall be provided to ensure the right of enjoyment of surrounding properties to provide for the public safety or to screen parking areas and other visually incompatible uses. Recent improvements to Dempster Street, and the location of this addition in the front of the property, eliminate the need for additional buffering. 7. Conformance to Other Regulations — The Special Use shall, in all other respects, conform to applicable provisions of this Ordinance or amendments thereto, Variation from provisions of this Ordinance, as provided for in Section 12-1& - 3A1, may be considered by the Pian Commission and the Viliage Board of Trustees as a part of the special use permit. The way of doing business and the building layout are not changing; the business will continue to conform the applicable Village regulations, Commission Recommendations Special Use: It was moved, and seconded, to recommend approval of the Special Use for this project. The motion was approved: Yes 6; No Q; Absent 1 The voting: Chairman Farkas Aye Commissioner Blonz Aye Commissioner Dorgan Aye Commissioner Gabriel Aye Commissioner Witko Aye Commissioner Roepenack Absent Commissioner Shimanski Aye The Plan Commission had no recommended conditions of approval. LeOslative Summary Resolution I2 -23 —� AUTHORIZING THE PURCHASE OF PANASONIC CF -31 TOUGHBOOK MOBILE DATA COMPUTERS THROUGH THE ILLIIe'OIS STATE BID PROGRAM, CONTRACT #CMS1560940A Introduced: March 12, 2012 Synopsis: To authorize the Village President to approve the purchase of seven (7) Panasonic CF -31 Toughbook mobile data computers from CDS Office Technologies in Springfield, Illinois. CDS Office Technologies was awarded by the State of Illinois a contract to sell the Panasonic CF -31 Toughbooks. Purchasing the mobile data computers from the State laid Program allows municipalities to bypass formal bid procedures. Purpose: To replace aging squad car mobile data computers subjected to 24 -hour use and adverse working environments not conducive to electronic equipment. I Background: Mobile data computers (MDC) are given a life expectancy of three to five years depending on type of usage. Squad MDCs are exposed to the elements such as heat, cold, dust, constant jarring and many outdoor elements not conducive to lengthening their service. Officers are reliant on the information they retrieve from their MDCs. It is another tool for our officers that enhance their safety and the safety of the people that they come in contact with. New units will replace (7) seven MDC units purchased in 2009. Programs, Departments Police and MIS Departments. or Groups Affected i Fiscal Impact: A total $28,700.00 for (7) seven mobile data computers. Source of Funds: 023014 - 572010 Workload Impact: The ordering will be coordinated by the Police Department. Administrator Approval as presented. Recommendation: Second Reading: Not Required Special Considerations or None Requirements: Respectfully submitted: Z!%�✓J7 -- C_ Ry .I. rne, age Administrator Pro Tem Prepared by: Reviewed by: ark Erickson, Chief of Police Teresa Ho r Liston, Corporation Counsel AUTHORIZING THE PURCHASE OF PANASONIC CF -31 TOUGHBOOK MOBILE DATA COMPUTERS THROUGH THE ILLINOIS STATE BIB PROGRAM, CONTRACT 4CMS1560940A WHEREAS, the Village of Morton Grove (VILLAGE), located in Cool: 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 Board has authorized the acquisition of Mobile Data Computers for Police patrol cars in the Calendar Year 2012 Budget, and WHEREAS, the Police Department has investigated the Village's needs and specifications for mobile data notebooks and has determined CDS Office Technologies, who was awarded by the Illinois Department of Central Management Services to sell Panasonic CF -31 Toughbooks is capable of providing the commodity that meets the Village's needs and specifications; and WHEREAS, funding for the above equipment is included in the Village of Morton Grove 2012 Budget in Account Number 023014 - 572010; and WHEREAS, the Chief of Police recommends the Village to enter into a purchase contract with CDS Office Technologies for seven (7) Panasonic CF -31 Toughbooks at a unit price of $4,100.00 for a total price of $28,700.00. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village President and Board of Trustees hereby authorize the purchase of seven (7) Panasonic CF -31 Toughbooks at a unit price of $4,100.00 from CDS Office Technologies per the terns and conditions of the Illinois Department of Central Management Services bid, Master Contract #CMS I 560940A, for a total cost of 528,700.00. SECTION 3: The Police Chief, Village Administrator, Director of Finance and /or their designees are hereby authorized to take all steps necessary to complete this purchase. SECTION 4: That this Resolution shall be in full force and effect from and after its adoption. PASSED this I2`" day of March 2012. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus T'hill Toth APPROVED by me this 12`" day of March 2012. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 13`x' day of March 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Customer MORTON GROVE POLICE DEPT (20368) 6101. CAPULINA MORTON GROVE, Illinois 60053 (P) 847- 470 -5232 Customer None instructions: one COS Office Technologies 780 Belden Avenue, Suite A Addison, Illinois 60101 United States httP: / /www.cdsofncetech.com Bill To MORTON GROVE POLICE DEPT PAYABLE, ACCOUNTS 6101 CAPUt ,INA MORTON GROVE, Illinois 60053 (P) 847 -470 -5232 k erms: Unknown and Carrier Account #: None Feb 9, 20:2 3:10 Ple CST Doc # _.... _.. _.. 431025 - rev I of 1 Michael SANTIAGO, GIL (P`, 847- 470 -5200 ext. 3805 (F) 847- 965 -9976 gsantiago @mor*- ongroveiLorg Ship To MORTON GROVE POLICE DEPT' xx, ACCOUNTS PAYABLE 61.01 CAPULINA MORTON GROVE, illtnois 60033 (P) 847 -470 -5232 Panasonic TOUghbook 3? Intel 1. Wily a /b /g /n, TPMS Bluetooth,55 Single Pass Selectable), Gobi, 6os ive Backlit )Keyboa Intel No CF- 31JAGMSM 7 No $4,;L00.00 $25,700.00 Drive, Tough hook Preferred Subtotal: $28,700.00 Tax (0.000°/ ), 3'0.00 Shipping. $0.00 -- - Total 528,700.00 CDS Office Technolomes additional e ms any n, Alt product for product mformabon and produccS descr ben on this site. Some product information may be confusing without shipping explanation. All product information including prices, features, and availability, is subject to chance without notice. PROCESSING taxes & ORDER. may be added to the final order, CRED17 CARD ORDERS WILL BE CHARGED A 3% CONVENIENCE FEE FOR PROCESSING THE ORDER. AIt returns most be accompanied by original invoice and authorized RMA number within 30 days of invoice date. Late fees may apply to payment, past 3o days from invoice date. Pleas- contact your sates representative if you have any questions. Le6islative summary Resolution 12-19 SETTING A TIME AND PLACE FOR A PUBLIC HEARING REGARDING A REDEVELOPMENT PLAN AND PROJECT, DESIGNATING A REDEVELOPMENT PROJECT AREA, AND ADOPTING A TIF, ALL FOR THE DEMPSTER/WAUKEGAN REDEVELOPMENT AREA Introduced: March 12, 2012 Synopsis: The Village is pursuing designation of the Dempster /Waukegan Area for TIF Increment financing (TIF) in response to a. request from the owners of Prairie View Shopping Center, who desire to redevelop tine center as a new retail /commercial shopping center, thereby revitalizing the entire Dempster /Waukegan commercial area. This resolution addresses those steps necessary in the TIF designation process. Purpose: To set a public hearing on April 30, 2012, as the date for a prerequisite to designate the area as a Redevelopment Project Area and the area for redevelopment, and adopting tax increment allocation fnaancinu for the area pursuant to the Illinois Tax Increment Allocation Redevelopment Act. Background: The owners of Prairie View Shopping Center, Federal Construction (Montreal, Canada), have approached the i Village of Morton Grove about redeveloping the shopping center. They have identified significant costs associated with the redevelopment, including asbestos abatement and storm water facilities installation requirements that would be part of any redevelopment of the shopping center. Federal has noted these costs make the project financially unfeasible unless local assistance is provided. The Village, in its limited powers as a municipal authority, can implement a TIF (Tax Increment Finance) program to assist in such a project. Consistent with applicable state law, the Village has determined the Dempster /Waukegan Area has met the applicable criteria for designation as a TIF redevelopment area. Criteria such as blight and a decline in properly tax revenues were identified as qualifying factors in a TIF study provided to the Village by consultants SB Friedman and Company of Chicago, Illinois. This study is available for public review on the Village website www.mortongroveil org as well as in the Village Clerk's office. Federal Construction has informed the Village that without the TIF, the Prairie View redevelopment cannot and will not be done, which would lead to further decline for the Dempster /Waukegan area in particular, and for the Village overall Programs, Departs Administration, Community and Economic Development, Finance, and Legal Departments or Groups Affected Fiscal Impact: The financial impact of this designation will be dependent on numerous variables which are not solidified at this time. Source of Funds: N/A Workload impact: The management and preparation of the appropriate documentation will be done by the Village Administrator, Community and Economic Development Director, Finance Department, and Corporation Counsel as part of their normal work activities. Admin Recommend: Approval as presented Second Reading: N/A Special Considerat None or Requirements: Respectfully submitted: Administrator Pro Tem Prepared by:' Reviewed by: Teresa H%Arrr6 tston, Corporation Counsel John D. Said, Community and Economic Develop Dir RESOLUTION 12 -19 SETTING A TIME AND PLACE FOR A PUBLIC HEARING REGARDING A REDEVELOPMENT PLAN AND PROJECT, DESIGNATING A REDEVELOPMENT PROJECT AREA, AND ADOPTING A TIE, ALL FOR THE DEMPSTER/WAUKEGAN REDEVELOPMENT AREA WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not Limited to the power to tax and incur debt; and WHEREAS, the Village desires to consider the adoption of tax increment allocation financing, pursuant to the Tax Increment Allocation Redevelopment Act, as amended, constituting Division 74.4 of Article I I of the Illinois Municipal Code (the Act) in order to implement the redevelopment plan and project described in the document entitled "Dempster /Waukegan Tax Increment Financing District Eligibility Study, Redevelopment Plan and Project" (the Redevelopment Plan), prepared by S.B. Friedman & Company; and WHEREAS, the Redevelopment Plan constitutes the "redevelopment plan" and "redevelopment project", as such terms are defined in the Act; and WHEREAS, the "redevelopment project area" (as such term is defined in the Act) consists of approximately 134 acres, is legally described in the Redevelopment Plan and generally bounded by the following streets: on the west by Sayre Avenue, the Village corporate limits and Waukegan Road; on the east by the Cook County Forest Preserve; on the north by parcels along the western frontage of New England Avenue to approximately Churchill Street; and on the south by the north line of Meadow Lane, and as further described in the Redevelopment Plan (the Project Area); and WHEREAS, the Redevelopment Plan includes an eligibility analysis of the Project Area which concludes the Project Area is eligible for tax increment financing as a "blighted area" (as such term is defined in the Act) because the Project Area suffers from obsolescence; deterioration; the presence of structures below minimum code standards; excessive vacancies; inadequate utilities, lack of community planning; and stagnating or declining property values due to a lack of private investment; and the Redevelopment Plan, including such eligibility analysis, has been available for public inspection at least ten days prior to the adoption of this Resolution; and WHEREAS, pursuant to section 11- 74.4 -5(a) of the Act, prior to the adoption of ordinances approving the Redevelopment Plan or designating the Project Area, the Act requires the Village to mail notice of the availability of the Redevelopment Plan and how to obtain information relating thereto (i) to all residential addresses that, after a good faith effort, the Village determines are located outside the boundaries of Project Area and within 750 feet of the boundaries of the Project Area and (ii) to all organizations and residents that had registered with the Village in the interested parties registry for the Project Area; and WHEREAS, pursuant to Section I I- 74.4 -5(a) of the Act, prior to the adoption of ordinances approving the Redevelopment Plan or designating the Project Area, the Act requires the Village to adopt a resolution or ordinance fixing a time and place for a public hearing; and WHEREAS, pursuant to Section 11- 74.4 -6(c) of the Act, the Act requires the Village, not less than forty -five (45) days prior to the date fixed for the public hearing, to give notice by mailing to each affected taxing district having taxable property included in the Project Area and to the Department of Commerce and Economic Opportunity (the Deparlrnent), that such taxing district or the Department is invited to participate in ajoint review board; and WHEREAS, pursuant to Section 11- 74.4 -5(b) of the Act, the Act requires the Village to convene ajoint review board not less than fourteen (14) days but not more than twenty -eight (28) days after the Village provides notice to the taxing districts and the Department pursuant to Section 11 - 74.4 -6(c) of the Act, and to provide administrative assistance to such joint review board. NOW, THEREFORE, BE IT RESOhVED BY THE PRESIDENT AND BOARD OF TRiJSTEES OF THE VILLAGE OF MORTON GROVE. COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: Incorporation gjRecuals. The foregoing recitals to this Resolution are incorporated in this Resolution as if set out in fill by this reference, and the statements and findings contained therein are found to be true and correct, and are hereby adopted as part of this Resolution. SECTION 2: Time and Place for Public Hearing. A public hearing (the Hearing) shall be held on the 30 °i day of April 2012, at 7:00 p.m. at the Richard T. Flickinger Municipal Center, 6101 Capulina Avenue, Morton Grove, Illinois 60053, to consider the adoption and approval of ordinances by the President and Board of Trustees of the Village (i) approving the Redevelopment Plan as the redevelopment plan and project for proposes of the Act respecting the Project Area, (ii) designating the Project Area as the redevelopment project area for purposes of the Act, and (iii) adopting the use of tax increment allocation financing respecting the Project Area to pay "redevelopment project costs" (as such term is defined in the Act) as set forth in the Redevelopment Plan. SECTION 3: Mailing of Notice Concerning Availability of Redevelopment Plan. The Village Clerk is hereby authorized and directed, upon approval of this Resolution, to mail notice of the availability of the Redevelopment Plan and instructions for obtaining copies of such report and related information (i) to all persons or organizations that have registered as interested parties for the Project Area with the Village and (ii) to all residential addresses that, after a good faith effort, the Village determines are located outside the proposed Project Area and within 750 feet of the boundaries of the proposed Project Area. SECTION 4: Joint Review Board. Pursuant to the Act, a Joint Review Board (the "Review Board ") shall be established and shall first meet on April 5, 2012, at 10:00 a.m. at the Richard T. Flickinger Municipal Center, 6101 Capulina Avenue, Morton Grove, Illinois 60053. At or prior to the first meeting of the Review Board, the Village shall furnish to any member of the Review Board copies of the proposed Redevelopment Plan and any related documents which such member of the Review Board shall reasonably request. The Village shall provide such information and material promptly upon the request of the Review Board and shall also provide administrative support and facilities as the Review Board may reasonably require. SECTION 5: Mailing of Notice to Taxing Districts and Department of Commerce and Economic Opportunity. Not less than 14 days before the Village shall convene the Review Board with respect to the approval of the Redevelopment Plan, the Village Clerl< is hereby authorized and directed to mail notice of the Hearing and the Redevelopment Plan to all taxing districts of which taxable property is included in the Project Area and to the Department, and such notice shall include an invitation to submit comments to the Village concerning the subject matter of the Hearing prior to the date of the Hearing. SEC "PION 6: Notice ofPublic Hearing. Notice of the Hearing shall be given by publication and by mailing. Notice by publication shall be given at least twice, the first publication to be not more than 30 or less than 10 days prior to the Hearing in a newspaper of general circulation within the taxing districts having property in the Project Area. Notice by mailing shall be given by depositing such notice in the United States mails by certified mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the proposed Project Area. Such notice shall be mailed not less than 10 days prior to the date set for the Hearing. In the event taxes for the last preceding year were not paid, the notice shall be sent to the persons last listed on the tax rolls within the preceding three years as the owners of such property. The notice shall be in substantially the following form: SECTION 7: Invalidity of Any Section. If any section, paragraph or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Resolution. SECTION 8: Effective Date, This Resolution shall take effect immediately upon its adoption. PASSED this 12 °i day of MARCH 2012 Trustee DiMaria Trustee Gomberg 'Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 12`x' day of MARCH 2012 ATTESTED and FILED in my office this 13`x' day of MARCH 2012 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois U Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois NOTICE OF HEARING NOTICE is hereby given pursuant to Section 1 1- 74.4 -6 of the Tax Increment Allocation Redevelopment Act, as amended (the "Act ") that on the 30`s day of April, 2012, the President and Board of Trustees of the Village of Morton Grove (the "Village ") will hold a public hearing at 7:00 p.m. at the Richard T. Flickinger Municipal Center, 6101 Capulina Avenue, Morton Grove, Illinois 60053, regarding (i) approval of the "Dempster /Waukegan Tax Increment Financing District Eligibility Study, Redevelopment Plan and Project" (the "Redevelopment Plan "), as the redevelopment plan and project under the Act for the area more fully described below (the "Project Area "),- (ii) designation of tlhe Project Area as a Redevelopment Project Area for purposes of the Act; and (iii) adoption of tax increment allocation financing pursuant to the Act to finance all or a portion of the costs of improvements proposed to be made in the Project Area. The Project Area is generally bounded by the following streets: on the west, by Sayre Avenue, the Village corporate limits and Waukegan Road; on the east by the Cook Cotmty Forest Preserve; on the north, by the north line of Prairie View Park and a line just south of Churchill Street for certain parcels with frontage on Waukegan Road or New England Avenue, and on the south, by the north line of Meadow Lane. A boundary legal description of the Project Area is attached to and made a part of this Notice as Exhibit 1. A boundary map of the Project Area is attached to and made a part of this Notice as Exhibit 2. The overall goals of the Redevelopment Plan are to: (1) reduce or eliminate conditions that have the potential to lead to blight within the Project Area; (2) provide the direction and mechanisms necessary to establish the Project Area as a vibrant commercial district that accommodates a mix of uses including public /institutional and open space through new development; (3) stimulate the redevelopment of vacant, obsolete, ill configured, and underutilized parcels; and (4) provide and improve necessary public infrastructure, facilities and utilities. Redevelopment of the Project Area will strengthen the economic base and enhance the quality of life of the Village as a whole by revitalizing the commercial corridor along Dempster Street and Waukegan Road. The Redevelopment Plan seeks to achieve these goals by implementing an integrated and comprehensive strategy that leverages public resources to stimulate additional private investment, principally through the use of tax increment financing, as well as other funding sources, to encourage further private investment. In pursuit of these goals, the Village may enter into redevelopment agreements for the construction of public and private improvements, and to finance a portion of the costs of such improvements using funds from the special tax allocation fund described in the Act and to issue one or more series of obligations secured by such funds. PIease see the Redevelopment Plan for a more complete description of the proposed activities. Copies of the Redevelopment Plan are available at the Richard T. Flickinger Municipal Center, 6101 Capulina Avenue, Morton Grove, Illinois 60053, during business hours, Monday to Friday: 8:30 a.m. to 5 p.m. All interested persons will be given an opportunity to be heard at the Hearing. The Illinois Department of Commerce and Economic Opportunity and each taxing district having taxable property included in the Project Area are invited to submit comments to the Village concerning the subject matter of the Hearing prior to the hearing date addressed to: John D. Said, AICP, Community and Economic Development Director, Village of Morton Grove, at the Richard T. Flickinger Municipal Center, 6101 Capulina Avenue, Morton Grove, Illinois 60053 or to Mr. Said at commdevnmortonnroveil ore. The Hearing may be adjourned by the President and Board of Trustees of the Village without further notice other than a motion to be entered upon the minutes of the Hearing fixing the time and place of the subsequent hearing. Legislative Summary -- _ Ordinance 12 -03 AMENDING THE MUNICIPAL CODE, TITLE 7, CHAPTER 2, SECTION 6 ENTITLED "REMOVAL OF TREES" IN THE VILLAGE OF MORTON GROVE Introduced: March 12, 2012 Synopsis: This ordinance will amend Village regulations regarding the removal of trees to add a new section regarding the removal or trimming of trees on private property. Purpose: To require anyone removing a tree with a diameter of more than ten inches on private property to have a commercial tree service company first obtain a permit and ensure the tree is removed and disposed of safely and properly. Background: The Natural Resource Commission has recommended permits be obtained for the removal or trimming of any tree with a diameter of over ten inches from private property. The proposed ordinance will require that prior to removing or trimming such tree, a Commercial Tree Service Company with a certified arborist on staff that is licensed, insured and bonded in the state of Illinois first obtain a permit from the Building Department. The initial cost for these permits shall be $75 for tree removal and $30 for tree trimming. After obtaining a permit, it shall be the responsibility of the tree service to ensure the safe removal and proper disposal of said trees. This ordinance is intended to protect the safety of property owners, and others when a large tree is trimmed or removed. Further, obtaining permits for such tree removal or trimming will allow the Village to collect data on the nature and location of trees which are removed. Programs, Departments Public Works and Building Departments or Groups Affected Fiscal Impact: N/A Source of Funds: N/A Workload Impact: The Building Department will issue permits as part of their normal operations. Administrator Approval as presented Recommendation: Second Reading: Municipal Code Book Change — March 26, 2012 Special Considerations None or Requirements: Respectfully submitted: Prepared by: _ Teresa Village Administrator Pro Tern iston, Corporation Counsel Reviewed by: *1y ,eMonte, Pabiic Works Director ORDINANCE 12 -03 AMENDING THE MUNICIPAL CODE, TITLE 7, CHAPTER 2, SECTION 6 ENTITLED "REMOVAL OF TREES" IN THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois is a home rule unit of government under the provisions of Article 7 of the Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village has a policy of regularly reviewing and revising its Municipal Code as necessary to insure the provisions of the Code remain compliant with contemporary statutes and relevant to the current operations and requirements within the Village; and WHEREAS, currently the Village Code regulates the protection of trees through Title 7, Chapter 2, entitled "Tree Preservation ", and the current Code section Title 7, Chapter 2, Section 6 regulates the removal of trees from public property; and WHEREAS, the Corporate Authorities believe it is in the best interest of the Village to provide additional regulations for the safe removal and trimming of trees on private property; and WHEREAS, the proposed Code amendment will require any person removing, trimming, or causing to be removed or trimmed a tree with a diameter greater than ten (10) inches as measured at a distance of four and one half feet (4.5') above the ground, must first have a Commercial Tree Service Company with a certified arborist on staff, is licensed, insured and bonded in the State of Illinois obtain a permit from the Building Department; and WHEREAS, the Commercial Tree Service Company after receiving permit will ensure conditions for the safe removal and proper disposal of said tree are adhered to in order to protect the public welfare and safety, and to prevent damage to surrounding property; and WI3EREAS, the cost for a tree removal permit shall be determined from time -to -time by the Village Administrator; and WHEREAS, the Village Administrator has indicated initially a tree removal permit of seventy - five dollars ($75) and a tree trimming permit of thirty dollars ($30) per tree is appropriate; however, in the event any person removes, trims, or causes to be removed or trimmed any applicable tree from private property with a diameter greater than ten (10) inches as measured at a distance of four and one half feet (4.5') above the ground without having first secured a permit shall be required to pay in addition to any applicable fines an increased permit fee in the amount of five hundred dollars ($500); and WHEREAS, the Corporate Authorities have determined in order to ensure the safe removal and trimming of trees in the Village, it is reasonable, appropriate and necessary to update Title 7, Chapter 2, Section 6 of the Village Municipal Code. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth herein thereby malting the findings as hereinabove set forth. SECTION 2: Title 7, Chapter 2, Section 6 of the Municipal Code ofthe Village of Morton Grove is hereby amended by deleting the current Section 6 in its entirety and replacing it as follows: 7 -2 -6: REMOVAL OF TREES: A. Removal of Trees from Public Property_ No person shall, without first obtaining a permit from the Director of Public Works remove any tree from public property. The Director of Public Works may impose conditions for the removal and disposal of said tree, and may require any tree removed by permit or otherwise be replaced with a tree or trees of substantially equal size and quality. The cost of said permit shall be determined from time -to -time by the Village Administrator. Any person who violates this section shall pay to the Village of Morton Grove in addition to any fine imposed, reasonable costs for the replacement and replanting of a tree or trees of similar size and quality as that removed. B. Removal of Trees from Private Property: No person shall remove or cause to be removed a tree with a diameter greater than ten (10 ") inches measured at a distance of four and one -half feet (4.5') above ground without first having a Commercial Tree Service Company with a certified arborist on staff, that is licensed, insured and bonded in the state of Illinois obtain a permit from the Building Department. The Commercial 'Tree Service Company after receiving a permit will ensure conditions for the safe removal and proper disposal of said tree are adhered to in order to protect the public welfare and safety and to prevent damage to surrounding property. The cost for said permits shall be determined from time -to -time by the Village Administrator. In the event any person fails to obtain a tree removal or tree trimming permit as required by this section, shall pay in addition to any fine imposed an enhanced tree removal permit fee of not less than five hundred dollars ($500) as determined from time -to -time by the Village Administrator. (Ord 92 -26, 5- 11 -92; Ord. 95 -27, 7- I7 -95; Ord. 07 -02, 2- 12 -07; Ord 12- , 02- 27 -12) SECTION 3: The terms and conditions of this ordinance shall be severable and if anv section. term, 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 4: In the event this ordinance or any part thereof is in conflict with any statute, ordinance, or resolution or part there, 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. SECTION 5: This ordinance shall be in full force and effect from and after its adoption, approval, and publication as provided by law. PASSED THIS 26'' day of March 2012. Trustee Trustee Trustee "Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS 26 (" day of March 2012. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILES in my office This 27`u' day of March 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Sumrnan7 Ordinance 12 -05 J AMENDING TITLE 7, CHAPTER 6, SECTIONS 12 AND 13 ENTITLED "POLLUTION CONTROL FACILITY "' OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE Introduced February 27, 2012 Objective To amend Title 6, Chapter 7, Sections 12 and 13, Of the Village Municipal Code entitled "Pollution Control Facility." Purpose: �, To update the Village's Municipal Code to include specific regulations concerning Pollution Control Facilities Raekaround: 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 Morton 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 eonductinghearings to determine the Village's approval siting for such facilities. Programs, Departments i Legal and Administration Departments or Groups Affected Fiscal Impact: Not applicable. Source of Funds: Not applicable. Workload Impact: 1 impact for the administration and enforcement of this ordinance will he handled by the Village's Administration off-ice and Legal Department during their normal course of duties. Administrator I Approval as presented. Recommendation: Second Reading: March 12, 2012, required —code amendment Special Considerations or None Requirements: i Administrator Approval cyan .L kiolrncXhlaac Administrator Pro Tern Prepared by: '1X : ` . ,C.11 Teresa I -toffm it Liston, Corporation Counsel ORDINANCE 12 -05 AMENDING TITLE 7, CHAPTER 61 SECTIONS 12 AND 13 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 6, 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 Illinois 415 ILCS 511 et seq; 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 a compliance review of the application, and 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 COLiNTY, 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 6, Section 12 of the Municipal Code of the Village of Morton Grove is hereby added to read as follows: 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: 7701516.1 37094/145069 C C ACT "The Environmental Protection Act," 415 II_,CS 5l1 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 A pollution control facility as defined in the Act. PETITION The application filed by the Applicant requesting siting approval for a Facility. VILLAGE The Village of Morton Grove, County of Cook, State of Illinois. VILLAGE Tine Village ofMonon Grove Clerk. CLERK VILLAGE Tine Village of Morton Grove Board of Trustees. BOARD In addition, all other words used in this Chapter and defined in the Act shall have the same definitions and mc;mings as set forth in the Act. Notice of Request for Siting Approval 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 tine 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. Such written notice shall also be served upon members of the Illinois General Assembly from the legislative published in a newspaper district in of general which the proposed Facility is located and shall circulation. be 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, the probable life of the proposed activity, the date when the request for site approval will be submitted, and a statement persons have the ria t to comment on such request. Application for Siting Approval: An original application, ten(10) paper, and a minimum of ten (10) 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), 7701516.1 370941145069 shall be delivered to the office of the Village Clerk. Upon receipt of any such application, the Cleric 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 a paper copy of the application and, with respect to the the other copies of the application, deliver one paper and one electronic copy to the Village President and each Village Board Member. The Clerk shall also deliver two (2) paper and electronic 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. 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 Clerk may employ an outside copy service for this purpose and said service may be furnished a copy of the Application forpurposes 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. Applications shall include the following: a. A written petition on 8 �'h" x I l" paper setting forth or including the following: I) 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 eoverr ment. In the case of an individual, Iist 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 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. 7701516.1 370947145069 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. Site plans showing details of the proposed Facility including, but not limited to: I) Engineering cross - sections; 2) All existing wells within 1,000 feet of the subject property; 3) All monitoring systems, including, but not Iimited to, ground wale;; 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 7701516.1 370941145069 greater 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: C. 7701516.1 37094/145069 I) 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 &) Coordination of operations with any other pollution control facility and /or recycling facility operated on, adjacent to, or within 500 feet of the Facility. 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 unsigmalized 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; 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 mid 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. £ 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 Plan. 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. 7701516.1 37Q94 /145069 A statement setting forth a complete record of 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 limited to, a citation of the applicable statute or ordinance violated or alleged to be violated and a brief written summary ofthe activities or operations giving rise to the actual or alleged violations and the ultimate outcorne of the matter. including whether- any fines or penalties were imposed. For purposes of this paragraph, the term "active" mearvs available to receive additional waste. A description of the following (if applicable): 1) Leachate collection system. Type, location and consauction of the subsurface collection system; ii. Written narrative describing methods and processes of the collection, management and treatment of the leachate: iii. Program for monitoring effectiveness of the collection. management and treatment of the leachate; and iv. 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. Type, location and construction of the subsurface collection system; ii. Written narrative describing methods and processes of the collection, management and utilization of the gas; iii. Program for monitoring effectiveness of the collection, management and utilization of the gas; and iv. Manner, method, and design of system to utilize the gas for energy. k. The Application Fee for a request for siting approval is required and shall be administered as follows: 7701516.1 37094/145069 1) The Applicant shall deposit the sum of $50,000.00 in the form of 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 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 andlor 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. - 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. 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 7701516.1 370941145069 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. 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 due to the nature of the changes of the amended application, in which case that areater 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. Other amendments may be made it., 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: The Village Administrator and /or his desigunee 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 Village President and Village Board as the Villaee Administrator and /or his designee shall deem prudent to assisting the Village President and Village Board in making their decision. The Village Administrator and /or his designee is authorized to calf 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 Village President, Village Board, or Corporation Counsel except in accordance with the public hearing process set forth below. Should the Village Administrator 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 c 7701516.1 37094/145069 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. .1 Any person other than described in (1) a>ad (2), above, must file a written "Notice of Participation" on aform supplied by the Village Clerk notifying the Village Clerk and counsel for the Applicant of that person' s or entity's intent to participate. a. Every Notice of Participation must be filed with the Village Clerk before the adjourmnent 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`h 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. G. Participant rights. Participants have the right to present swom testimony and witnesses. Participants represented by counsel have the right to cross - examine or question witnesses who provide sworn testimony. Participants 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 raw in the Sate 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. 10 770 1516.1 37094/ 145069 6. All witnesses (other than those called purely for purposes of rebuttal) and the subject matter on which they will testify shall b.e 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 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 tile 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 President and /or his designee, the Village President 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 two (2) legal notices in a newspaper of general circulation published in 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 7701516.1 370941145069 11 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 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 eiuhtieth (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 IlIinois Environmental Protection Agency. d. Certified mail to the County of Cook and all municipalities or townships within one and one - half (I I /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 I earing. Such notice shall consist of all items described in subsection BI above except for item B.I.C. 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 concealing the admission of evidence and the manner in which the hearing is conducted, subject to this Ordinance. The Hearing Of �cer 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: 1) 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; 12 7701510.1 370941145069 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; 7) Establish reasonable limits on the duration of public hear ng consistent with the Act and this Ordinance, includhig 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; R} 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 govemins 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= 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; 77015161 37094/145069 13 1 I) 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 Cleric; 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: 1) 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; 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 the 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; _14 7701516.1 37094/145069 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 unsworn testimony or comment, subject to the Hearing Of lcer'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 Cleric, at any time after the filing of a Petition and within the time limitation nrovided in subsection (4), below. Likewise, the Applicant, Village Staff, the Corporation Counsel and /or any Participant may file draft proposed findings of fact within the sarne time Iimitation; 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 part 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 detennination 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; 7701516.1 37094/145069 15 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 concealing the conduct of the hearing. All oral testimony may be submitted in written form if the Hearing Officer so directs. This type of comment, since it is not provided under oath, is not subject to cross - examination. G. Records Kept 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; Notices of Participation; d. Written comments filed by the public (either received by the Village Clerics office or postmarked between the Date of Piling 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; £ The transcript of the public hearing; 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 Village President or a Village Board Member was in attendance and the Application was discussed; 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 Cleric 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 Piling, 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: 16 7701516.1 370941145069 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; 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; d. The Facility is located outside the boundary of the one hundred year flood plain; e. Tile plan of operations for the Facility is designed to minimize the danger to the surrounding area from fire, spills or other operational accidents; £ 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 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. 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 field of solid or hazardous waste management. 7 7701516.1 37094/145069 4. No determination by the VilI n lage Board of a siting approval request may be reconsidered. A local 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 tike local siting decision has been appealed, such expiration period shall be deemed to begin on the date upon which the appeal process is concluded. Administration of Fees and Costs 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. ?. 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 'Me 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. 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 f es for admin stratian 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. Compliance Review: Prior to filing its application pursuant to Title 7, Chapter 6, Section 12.C, the applicant shall submit information to the Village Administrator staff or the Village's consultant, in the Village Administrator's discretion, for review as to the compliance of the application with this Chapte . This review shall not be for the purposes of making any de tennination on the Criteria set forth in Section 34.2 of the Act. The Village staff and /or consultants performing this compliance review may, in their discretion, and in addition to identifying any areas of potential non - compliance with this Chapter, may seek supplemental information to confirm compliance. The purpose and intent of this subsection is to, among other things, avoid amendment of an application and delay the hearings as a result of not,- compliance with this Chapter. The Village shall not consider this compliance review in making its final determination on whether to approve or deny the application filed, in performing this compliance review. the Village has not consented to, concurred in or objected to the proposed plans of any applicant to develop, construct and operate a pollution control facility, and nothing in the Village staffs and /or consultants' review, compliance comments or compliance determination shall be deemed by the applicant, the Village, other public agencies, or the public to indicate the Village has herein or heretofore adopted any position on the potential 18 7701516.1 370941145069 I evelopment of the proposed Facility. The date the compliance review documentation is submitted by the applicant is not considered an official filing date under Title 7, Chapter 6, Section 12.C.1. The Applicant shall reimburse the Village the reasonable costs to the Village for a consultant to assist it in this compliance review, but such amount shall not exceed fifteen thousand dollars ($15,000.00). (Ord 12- , 03- 12 -12) 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 -1.3: PENAL'T'IES: Unless otherwise provided herein, any person who violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement of any of the provisions of this chapter shall be fined in accordance with Title 1, Chapter 4 of this code for each offense. Each day that a violation is permitted to exist shall constitute 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 rirm violates any provisions of anv ordinance of this village, the village shall have the right, in addition to enforcing the penalties otherwise provided, to revoke the license of such waste disposal firm. (Ord. 08 -22. 5 -12 -2008; Ord 10 -25, 12- 13 -10; Ord 12- , 03- 12 -12) 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. PASSED this 12th day of March 2012. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth 9 7701516.1 370941145069 APPROVED by me this 12'h day of Mach 2012. Daniel J. Swaekmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and PILED in my office this 13'� day of March 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois 7701516.1 370941145069 20 Legislative Summary Resolution I2 -20 AUTHORIZING THE ACCEPTANCE OF A HOST COMMUNITV AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND LAKESHORE WASTE SERVICES, LLC Introduced: I March 12, 2012 Synopsis: Purpose: Background Programs, Depts or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Second Reading: Special Consider or Requirements: Respectfully submitted To authorize the Village President to execute a contract with Lakeshore Waste Services, LLC that provides the Village with fees and other guidelines for the operation of a transfer station within the corporate limits of the Village, if the transfer station receives site location approval from the Village. hi the event Lakeshore Waste Service, LLC is granted siting approval to operate a Transfer Station within the Village of Morton Grove, this Agreement will establish certain monetary and nonmonetary benefits to the community. The Agreement sets forth the hours of operation for the facility, the type of waste which can be accepted and waste which is prohibited. The Agreement establishes a citizen complaint processing procedure and establishes rules regarding the storage, operation, noise, litter, and other nuisance controls. In addition, the Agreement provides that the Village receive a benefit, or Host Fee, for the first three years of operation of $.50 per ton of land filled municipal waste. This amount small increase on the fourth anniversary of the operation date to $1.00 per ton retroactively as adjusted by the consumer price index. Lakeshore Waste Services, LLC leases property within the Village of Motion Grove near the intersection of Oakton and Lehigh. Lakeshore Waste Services, LLC has advised the Village of Morton Grove that it proposes to develop, construct, and operate a transfer station. The approval for such development, is prem ised on permits to be issued by the Illinois Environmental Protection Agency pursuant to a siting approval process which includes public notice, time for public comments, and a public hearing to occur within the Village of Morton Grove. As of yet, the Village has not consented to or concurred in the application for the siting of the Transfer Station In the event the Village approves the application and the IEPA issues permits, the Transfer Station operator has indicated that it is willing to provide Host Benefit fees to the Village of Morton Grove to help meet direct and indirect costs of the Village associated with the approvals and siting of the Transfer Station and for the general revenue needs of the Village. The Village staff and Lakeshore Waste Services, LLC have negotiated a Host Community Agreement which sets forth operational rules for the Transfer Station and monetary and indirect benefits which shall be come due and owing to the Village. Section 39.2(e) of the IEPA recognizes the authority of the Village to enter into such Host Agreements. Legal, Finance, and Administrative Departments The Village will realize a profit from the Transfer Station. The minimmn revenue to be derived by the Village for the first three years of operation is $60.000 and said amount is expected to rise thereafter. N/A The management and implementation of the agreement will be performed by the Legal, Finance, and Administrative Departments as part of their normal work activities. Approval as presented. Not required None Ry i Horne, illage Administrator Pro Tern yl-' Prepared by Teresa Hoffman % on, Corporation Counsel AUTHORIZING THE ACCEPTANCE OF A HOST COMMUNITY AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND LAKESHORE WASTE SERVICES, LLC WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of goverment 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 allows Lakeshore Waste Services, LLC, to lease and operate a transfer station located within the corporate Limits of the Village; and WHEREAS, the Village understands the Transfer Station Operator intends to file with the Village an application for siting approval under Section 39.2 of the Illinois Environmental Protection Act, 415 ILCS 511 et seq. ( "Act") for the development, construction and operation of a Transfer Station on the property located at 6132 W. Oakton Street; and WHEREAS, the Village has not consented to or concurred in the Application for siting of the Transfer Station the Transfer Station Operator proposes to develop, construct and operate on the Property and nothing in this Host Community Agreement shall be deemed by the Transfer Station Operator, the Village, other public agencies, the public, or any other person or entity, to indicate the Village has herein or heretofore adopted any position with regard to the proposed Application or the proposed Transfer Station; and WHEREAS, if the Village approves the Application for the siting of the proposed Transfer Station with or without conditions, and if the Illinois Environmental Protection Agency issues permits for the development and operation of the Transfer Station, and if the Transfer Station Operator develops, constructs and operates the Transfer Station, the Transfer Station Operator is willing to pay to the Village, and the Village desires to accept Host Benefit Fees as hereinafter set forth to help meet direct and indirect costs of the Village associated with the approvals and the siting of the Transfer Station, and for other general revenue needs of the Village as the Village may deem appropriate; and WHEREAS, Section 39.2(e) of the Illinois Environmental Protection Act (hereinafter "the Act "), 415 ILCS 5(39.2(e), recognizes the authority of the Village to enter into Host Agreements; and WHEREAS, the Transfer Station Operator is desirous of earning the good will of the citizens of the Village of Morton Grove by demonstrating its good faith to educate the community of the benefits of waste reduction, recycling and proper management of wastes, and as to the nature of its operations, and in demonstrating that its operations are, and will continue to be conducted in an environmentally sound manner: and WHEREAS, the Village is desirous of protecting the health, safety and welfare of its citizens by measures set forth herein, and insuring that factually accurate information is provided to the public. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION L The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby malting the findings as hereinabove set forth. SECTION 2: The Corporate Authorities hereby authorize the Village President to sign and the Clerk to attest to a Host Community Agreement between the Village of Morton Grove and the Lakeshore Waste Services, LLC in substantial conformity with Exhibit "A" attached hereto. SECTION 3: The Village Administrator and Corporation Counsel are hereby authorized to take all steps necessary to implement and manage said contract. SECTION 4: This Resolution shall be in full force and effect upon the date of its adoption, approval and publication according to law. PASSED this l2`r day of MARCH 2012 Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED by me this 12'' day of MARCH 2012 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 13r' day of MARCH 1.012 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois I40ST COMMUNITY AGREEMENT THIS AGREEMENT ( "Agreement ") is executed this day of 2012, by the Village of Morton Grove, Illinois, an Illinois municipal corporation (the "Village ") and Lakeshore Waste Services, LLC, an Illinois limited liability company ( "Transfer Station Operator "). WHEREAS, the Transfer Station operator currently leases with an option to purchase the property described in Exhibit A of this Agreement ( "Property ") and the Property is located within the corporate limits of the Village; and WHEREAS, the Village understands the Transfer Station Operator intends to file with the Village an application for siting approval ( "Application ") under Section 39.2 of the Illinois Environmental Protection Act, 415 ILCS 511 et seq. ( "Act') for the development, construction and operation of a Transfer Station on the Property; and WHEREAS, the Village has not consented to or concurred in the Application for siting of the Transfer Station the Transfer Station Operator proposes to develop, construct and operate on the Property and nothing in this Host Community Agreement shall be deemed by the Transfer Station Operator, the Village, other public agencies, the public, or any other person or entity, to indicate the Village has herein or heretofore adopted any position with regard to the proposed Application or the proposed Transfer Station; and WHEREAS, if the Village approves the Application for the siting of the proposed Transfer Station with or without conditions, and if the Illinois Environmental Protection Agency issues permits for the development and operation of the Transfer Station, and if the Transfer Station Operator develops, constructs and operates the Transfer Station, the Transfer Station Operator is willing to pay to the Village, and the Village desires to accept Host Fees as hereinafter set forth to help meet direct and indirect costs of the Village associated with the approvals and the siting of the Transfer Station, and for other general revenue needs of the Village as the Village may deem appropriate•, and "WHEREAS, Section 39.2(e) of the Illinois Environmental Protection Act (hereinafter "the Act'), 415 ILCS 5/39.2(e), recognizes the authority of the Village to enter into Host Agreements; and WHEREAS, the Transfer Station Operator is desirous of earning the good will of the citizens of the Village of Morton Grove by demonstrating its good faith to educate the community of the benefits of waste reduction, recycling and proper management of wastes, and as to the nature of its operations, and in demonstrating that its operations are, and will continue to be conducted in an environmentally sound manner; and WHEREAS, the Village is desirous of protecting the health, safety and welfare of its citizens by measures set forth herein, and insuring that factually accurate information is provided to the public. NOW, THEREFORE, the preceding recitals are incorporated by reference herein and in consideration of the mutual obligations undertaken herein, the receipt and sufficiency of which are hereby acknowledged, it is mutually understood and agreed by the Transfer Station Operator and the Village as follows: 1. DEFINITIONS: When used in this Agreement, the following terms shall have the following meanings. Any tern not otherwise attributed to it shall have the same meaning as under the Act. a. Act: The Illinois Environmental Protection Act, 415 ILCS 511, et seq. b. Application: The application under Section 39.2 of the Act that the Transfer Station Operator intends to file with the Village requesting siting approval for the Transfer Station on the Property. c. Asbestos - Containing Materials: §2642(4 ). The meaning provided in 15 U.S.C.S. d. Construction and Demolition Debris: The meaning provided in 41.5 ILCS 5/3.160 of the Act and regulations promulgated under the Act. e. Effective Date: The date on which this Agreement is executed, as shown at the top of the first page of this Agreement. £ hazardous Waste: The meaning provided in 415 ILCS 5/3.220 of the Act and regulations promulgated under the Act. g. host Fees: The dollar amount per ton of Municipal Waste transferred to alandfill from the Transfer Station that the Transfer Station Operator has agreed to pay to the Village under this Agreement. h. Illinois EPA: The Illinois Environment Protection Agency. i. Industrial Process Waste: The meaning provided in 415 ILCS 5/3.235 and regulations promulgated under the Act. j. Landscape Waste: The meaning provided in 415 ILCS 5/3.270 of the Act and regulations promulgated under the Act. k. Liquid Waste: The meaning provided in 35 IAC 811.107(m)(3)(A). 1. Municipal Waste: The meaning provided in 415 ILCS 5/3.290 of the Act, and shall include garbage, general household and commercial waste, industrial lunchroom or office waste. Municipal waste includes landscape waste and Construction and Demolition Debris. m. Operations Date: The date on which all of the following conditions have been satisfied: granting of Transfer Station Operator's Application for site location by the Village; and issuance by Illinois EPA of a development permit for the Transfer Station on the Property; and issuance by Illinois EPA of an operating 2 permit for the Transfer Station on the Property; and construction of the Transfer Station; and receipt of Waste at the Transfer Station. n. Portable Empty Container: The meaning provide in 415 ILCS 5/3.475(c)(2) and any liner for any such container. o. Recyclables: Any recyclable materials, whether or not source - separated, which the Transfer Station Operator determines to accept. p. Waste Acceptance Hours: The Transfer Station shall accept Waste and Recyclables from commercial collection vehicles other than Lakeshore Waste Services, LLC or companies with identical shareholders from 5:00 am to 7:00 pm Monday through Friday and 5:00 am to 5:00 pm Saturday and Sunday. Lakeshore Waste Services, LLC is excluded from this restriction. Lakeshore Waste Services, LLC's hours for waste acceptance at the Transfer Station are from 4:00 a.m. to 8 :00 p.m. The Transfer Station shall not accept Waste from non - Lakeshore Wastes Services, LLC (or companies with identical shareholders) vehicles on the following federal holidays: January 1, Memorial Day (fourth Monday in May), July 4, Labor Day (first Monday in September), Thanksgiving Day (fourth Thursday in November) and December 25. The restrictions in this Paragraph are limited to Waste acceptance and do not impact any other operations of the Transfer Station or any other businesses located on or a portion of the Site (e.g., the hauling company). These hours and days of operation may be extended for Lakeshore Waste Services, LLC vehicles or companies with identical shareholders, by approval by the Village Administrator, as long as there is no disturbance of the quiet and peace of the community. Additionally, there is no hour limitation on the Transfer Station operations, other than Waste and Recyclables acceptance as described herein. q. Special Waste: The meaning provided in 415 ILCS 5/3.475 of the Act and regulations promulgated under the Act. r. Transfer Station: The transfer station, as defined in 415 ILLS 513.500 of the Act and regulations promulgated under the Act, to be developed, construction and operated on the property and subject to this Agreement. s. Transfer Station Operator: Means Lakeshore Waste Services, LLC an Illinois limited liability company and includes its successors and assigns. t. Waste: The meaning provided in 415 ILCS 513.535 of the Act and regulations promulgated under the Act. "Waste" does not include "Hazardous Waste." 2. TERM OF AGREEMENT: This Agreement is effective on the date signed and shall expire on the date on which the use of the property permanently ceases to be as a Transfer 3 Station or upon the certified closure of the Transfer Station by the Illinois EPA. However, the obligations under this Agreement, including but not limited to those identified in Paragraphs 3- 17 do not commence until the Operations Date. 3. AUTI3ORIZATION FOR TRANTSFER STATION DEVELOPMENT, CONSTRUCTION AND OPERATION: The Transfer Station Operator shall be responsible for obtaining approval of the Application and for obtaining all other permits and authorizations which are necessary under applicable law for the development, construction or operation of the Transfer Station on the Property. The Transfer Station Operator shall provide the Village with a reasonable opportunity to review and comment upon any application to modify or amend any Illinois EPA permit before such is filed, provided the Village's approval cannot be unreasonably withheld. Following receipt by the Village of an application to modify or amend an Illinois EPA permit for the Transfer Station, the Village has sixty (60) days to approve or comment on the application or such application is deemed approved by the Village. The Village must approve any new operator of the Transfer Station and must approve any change of controlling interest of greater than forty -nine percent (4901'0) in the Transfer Station Operator or in any of its parent companies or members, provided the Village's approval cannot be unreasonably withheld or delayed. If, within ninety (90) days of receiving a request from Transfer Station Operator for a change in interest pursuant to this paragraph, the Village has not approved or denied such request in writing through resolution or ordinance by the Village Board, such request is deemed approved by the Village. 4. WASTE ACCEPTABLE FOR DELIVERY TO THE TRANSFER STATION: a. The Transfer Station Operator may accept delivery at the Transfer Station of any Waste which it is permitted to accept by the Illinois EPA and which it is not otherwise prohibited from accepting under this Agreement. b. Waste which may be accepted at the Transfer Station under this Agreement includes the following: Municipal Waste, Landscape Waste, Construction and Demolition Debris, non - liquid Industrial Process Wastes, and Special Waste. An example of some of the types of Special Wastes acceptable at the Transfer Station and not specifically excluded in Paragraph 5, below, includes, off - specification, contaminated or recalled wholesale or retail products that can be disposed of in a non - hazardous solid waste landfill. Additionally, Reeyclables are acceptable for transfer at the Transfer Station. 5. WASTE NOT ACCEPTABLE FOR DELIVERY TO THE TRANSFER STATION: The Transfer Station Operator shall not knowingly accept delivery of treat or dispose of any of the following types of waste at the Transfer Station: a. Asbestos - containing materials; b. Hazardous waste, and in the event hazardous waste is inadvertently accepted, received, stored, treated, disposed, or transported to or from the property, the Transfer Station Operator shall comply with all regulations of the Act and the 4 Illinois Pollution Control Board ( "IPCB "), and shall immediately inform the Village orally and in writing of any hazardous waste accepted, received, stored, treated, disposed, or transported to or from the Property, c. Liquid waste; d. Pollution control waste (whether or not a special waste), unless approved in writing by the Village Administrator; e. Poly- chlorinated byphenyis; £ Source, special or by- product nuclear materials; g. Radioactive waste (both high and low level); h. Transurantie waste; i. Lead acid batteries: j. Potentially infectious medical waste; and k. Any other Waste deemed unacceptable for delivery to the Transfer Station under permits issued by the IlIinois EPA, or under regulations promulgated by the Illinois Pollution Control Board. 6. COMMUNICATION, COMPLAINT INVESTIGATION AND RESOLUTION: From and after the Operations Date: a. The Transfer Station Manager shall be the Village's point of contact for matters relating to the Transfer Station or this Agreement; b. The Transfer Station Manager shall have an office at the Property; c. The Transfer Station shall maintain a telephone number for public inquiries, complaints, and customer calls. This phone number will be answered by a person employed or retained by the Transfer Station Operator during regular business hours. The Transfer Station Operator shall also provide voice mail for the telephone number and a website with an email address for public inquiri es and complaints. d. In addition, the Transfer Station Operator shall provide the Village with the Transfer Station Manager's mobile phone number for use by the Village after Regular Business Hours; e. All citizen complaints will be responded to by the Transfer Station Operator within twenty -four (24) hours of receipt, and investigated within a 5 reasonable time thereafter, unless otherwise agreed to by the complaining citizen, Village Administrator, or his designee; f The Transfer Station Operator shall maintain a Iog of all complaints received, and shall supply to the Village upon request, a copy of the log showing the date each complaint was received, a summary of the nature of the complaint, the disposition of the complaint, and the date of such disposition; and g. All records required to be maintained by this Agreement should be provided to the Village, unless otherwise stated, in a word searchable, electronic format, where reasonably available, and where not reasonably available (e.g., handwritten documents) in a non -word searchable, electronic format. 7. OPERATIONS, STORAGE, RECYCLASLES AND CONTAINERS: a. All tipping of Waste at the Transfer Station shall be on the tipping floor inside the transfer building, and the Transfer Station Operator shall have the tipping floor free of Waste by the end of each operating day or at least once every twenty -four (24) hours. No Waste shall be left on the tipping floor inside the transfer building or outside the transfer building on the Property overnight while the Transfer Station is not operating, except: i. In transfer trailers, provided such trailers are suitably covered; ii. In the event of an emergency, to the extent approved by the Village Administrator or his designee; and iii. Reeyclables shall be stored inside the transfer building or in containers outside, as designated on the Illinois EPA operating permit. b. Empty waste collection containers may be neatly stored outside the transfer building; c. Empty transfer trailers may be stored outside the transfer building; d. Containers of construction and demolition debris maybe stored (in or outside of the containers) and transferred, but not processed outside the transfer building on the Property, unless otherwise agreed to by the Village Administrator, and in compliance with its operating permit from Illinois EPA; e. Nothing herein shall relieve the Transfer Station Operator from its obligation to control litter, odor, noise and dust; £ No concrete shall be crushed at the Transfer Station or on the Property; on g. The Village acknowledges incidental to the Transfer Station Operations, white goods, rebar and other scrap metal may be accumulated. The Transfer Station Operator shall remove such material no less than monthly, unless otherwise agreed to by the Village Administrator and in compliance with its operating permit with Illinois EPA; h. The Transfer Station Operator will visually screen all storage, loading and unloading of Waste from viewing from Lehigh Avenue or Oakton Street. Acceptable visual screening includes, but is not limited to, the existing or proposed building and fencing; The Transfer Station Operator shall comply with the Waste Acceptance Hours as defined in this Agreement; j. The Transfer Station Operator shall conduct all operations in a manner that is protective of the public health, safety, welfare, groundwater resources, and the environment. The Transfer Station Operator shall strictly comply with all Village ordinances and all applicable laws, ordinances, rules and regulations; k. The Transfer Station Operator shall, on no less than a daily basis, patrol the areas identified in Exhibit attached to this Agreement for litter from vehicles utilizing the Transfer Station, including transfer trailers and commercial collection vehicles, and promptly remove such litter on public ways. The Transfer Station Operator agrees to promptly investigate and respond to any litter complaint on the same operating day that the complaint is made, should the complaint be made during Waste Acceptance Hours; 1. The Transfer Station Operator agrees all interior access drives, parking areas and vehicle maneuvering areas on the subject property shall be paved. Site access drives and vehicle maneuvering areas shall be cleaned on an as needed basis. Any dust or mud on Oakton Avenue, between and, caused by trucks using the Transfer Station will be cleaned by the Transfer Station Operator on an as needed basis; m. All equipment utilized for operations shall be equipped with mufflers or other sound suppressing devices required for compliance with applicable state statutes and regulations. n. The Transfer Station Operator shall retain a pest control service on an on -going basis to address the potential for rodent /vector infestation, whereby such service shall inspect the Transfer Station on an as needed, but no less than monthly basis. o. The Transfer Station shall be equipped with a sprinkler system designed in accordance with applicable requirements of the Village's building Ordinance. 7 p. Commercial collection vehicles and transfer trailer trucks accessing the Property shall be informed of the Village's approved truck routes as shown on Exhibit B. 8. AUDIT AND DISPUTE RESOLUTION: a. Audit. Starting on the third anniversary of the Operations Date and every three years thereafter, the Village may request an audit of the Transfer Station Operator's books and records. The Village and Transfer Station Operator shall share equally in the cost of an auditor to review the host fee receipts to determine by the Village under this Agreement, unless the result of the audit is that an underpayment of over five percent (5 %) is identified by the auditor, in which case the Transfer Station Operator is responsible for the entire cost of the auditor. [If the Village audits the host fees receipts more frequently than every three (3) years, the Village shall pay the entire cost of such audit.] If an audit results in the identification of an underpayment to the Village of more than ten percent (10 %), then the Transfer Station Operator shall pay the entire cost of the auditor plus a ten percent fee of the total amount of the auditor - identified underpayment. The auditor performing the audit pursuant to Paragraph 8.a., shall be chosen by the Village. b. Host Fee Disputes: In the event of a dispute over fees, the Village and Transfer Station Operator agree that within thirty (30) days of a party receiving written notification of a fee dispute, the Village and Transfer Station Operator shall meet in an effort to resolve the dispute. If the dispute is not resolved prior to or at that meeting, or, alternatively, the thirty (30) days is not mutually extended by the parties in writing, then the Village and Transfer Station Operator agree to submit the dispute to a mutually agreeable auditor for purposes of a non - binding determination for disputed fee amounts at or above Twenty - Thousand Dollars ($20,000) and a binding determination below those amounts. The auditor handling the fee dispute under this Paragraph 8.b., shall not be the same auditor and not from the same firm or company (or a firm or company with fifty percent (50 %) or more related shareholders) as the auditor who performed the audit or past audits pursuant to Paragraph 8.a. If the Village and Transfer Station Operator cannot agree to an auditor, then the Village and Transfer Station Operator will exchange three names of auditors, using different names in each exchange than any party's previous submittal for the dispute at issue, until the parties reach a matching name. Payment for the auditor's fees shall be solely the responsibility of the Transfer Station Operator, unless the Village initiates the dispute and the auditor's determination is that there was no underpayment or an underpayment of less than five percent (5 %) of the total amount that should have been paid, then the Village shall reimburse the Transfer Station Operator for half of the cost of the auditor's fees. The Village's reimbursement of auditor's fees may be made in the form of a credit toward future host fees. Within sixty (60) days of a binding or non- binding final decision of the auditor, either party may appeal an adverse decision against it by the auditor to a mediator by sending notice to the other party (postmarked on or before the sixtieth day following the 8 auditor's decision, unless the sixtieth day is a Sunday or holiday, then the next business day on which the Post Office is open is the deadline date). The mediator shall be mutually selected by the parties through JAMS Mediation. If no party sends notice to proceed to mediation from a non - binding auditor final decision, then, within one hundred and twenty (1.20) days of a non binding determination of the auditor (and if the 120th day falls on a weekend or Holiday, then the next business day in which the Court Clerk's Office is open is last date for filing) one or both parties must file suit in Cook County Circuit Court seeking a determination on the disputed issue(s). For a binding auditor final decision, there is no right to proceed in court following the appeal to the mediator or otherwise. c. Operational Disputes: In the event that the Village alleges that the Transfer Station Operator fails to perform subsection 7.a -7.o it may pay or dispute the below listed amounts to the Village. If the Transfer Station Operator disputes such allegation of non - performance under subsection 7.a -7.o, or the Transfer Station Operator is otherwise notified by the Village Administrator or his designee, in writing, of having allegedly violated any Village- enforceable law, ordinance, rule or regulation related to the Transfer Station or operation, the Village and Transfer Station Operator agree to proceed with the following dispute resolution: the Village, in its written notification of operational failure, shall designate a timeframe for correction from the date of the Transfer Station Operator's receipt of that notice; the Transfer Station Operator shall either correct the alleged failure in that timeframe or agree to a different timeframe with the Village, such agreement to be in writing; if the Village is not satisfied that the alleged failure has either been corrected or otherwise resolved with the Transfer Station Operator, then the Village shall notify the Transfer Station Operator and agree to promptly meet to discuss the dispute. If the meeting between the Village and Transfer Station Operator does not resolve the dispute or the Village and Transfer Station Operator do not agree to a timeline for tine dispute resolution: Transfer Station Operator must file a complaint for declaratory judgment with the Cook County Circuit Court seeking judicial determination of the alleged violation within thirty (30) days of the above referenced meeting between the Village and Transfer Station Operator, unless the Court Clerk's Office is closed on the thirtieth (30) business day, in which case the following business day on which the Clerk's Office is open is the deadline date. If Transfer Station Operator fails to timely file the complaint pursuant to this paragraph, then it waives all defenses related to the alleged operational failures at issue. i. Should the Village allege the Transfer Station Operator is not in compliance with any operational item under Paragraph 8.c, the Village shall notify the Transfer Station Operator in writing identifying the alleged violation. The Transfer Station Operator shall respond to the Village and resolve the allegation with the Village in seven (7) calendar days from the Transfer Station Operator's receipt of the Village's notice or alternate compliance 6 schedule as may be approved by the Village Administrator (hereinafter "Resolution Period "). ii. If the Village's notice under Paragraph 8.c. is not resolved within the Resolution Period, the Transfer Station Operator shall pay to the Village the following amounts: a) For the first violation in a calendar year, up tofive- hundred dollars ($500.00) per operational failure; b) For a duplicate operational failure (i.e., the second of the same operational failure) in a calendar year, up to seven - hundred hundred dollars ($700.00) per operational failure; c) For the third or greater of the same prior operational failures in a calendar year, up to one thousand dollars ($1,000.00) per operational failure. iii. Operational failures are identified numerically by type and not by number of days. iv. The Village shall not pursue an alleged operational failure under under its ordinances, laws and rules, if it notifies the Transfer Station Operator under Paragraph 8.c. d. The parties agree to submit to non - binding mediation all disputes concerning this Agreement between the parties, other than host fees (Paragraph 8.b.) and operational items (Paragraph 8.c.) which disputes shall be treated as discussed in the referenced Paragraphs, above. Those matters submitted to non- binding mediation under this Paragraph 8.e, shall use a mutually agreed upon mediator through JAMS Mediation, 9. VILLAGE INSPECTION OF THE TRANSFER STATION: The Village may, during regular business hours of the Transfer Station, inspect the Transfer Station for compliance with this Agreement, the site plan, conditions of approval, conditions of any IEPA permit, Village ordinances and any other applicable laws or regulations. a. The Village has not, by entering into this Agreement with the Transfer Station Operator, predetermined whether it will approve, approve with conditions, or disapprove the Application, and has not pre judged whether the Transfer Station Operator and the proposed Transfer Station will meet the criteria for approval under Section 39.2 of the Act; b. The Village shall review the application in accordance with the criteria set forth in 415 ILLS 5139.2 In the event the Village imposes a siting condition that conflicts with the financial terms or tonnage restriction in this Agreement, without otherwise amending this Agreement with the consent of the Village and the 10 Transfer Station Operator (including by seeking such amendment to non - financial terms through a condition on the site location decision), the parties agree that this Agreement is controlling; c. The Village shall have no duty to act or not act on the application; and d. The Transfer Station Operator shall reimburse the Village for all reasonable fees and costs, including but not limited to Village consultants, a hearing officer, a Village attorney and court reporters associated with the Village's review of and the hearing on the application. 11. HOST FEES: If the Transfer Station obtains site location approval from the Village, development and operational permits from the Illinois EPA, and is in operation accepting Municipal Waste, in addition to the benefits and privileges provided to the Village above, the Transfer Station Operator shall pay to the Village as a Host Fee the following: a. During the first three (3) years of the operation of the Transfer Station, starting on the Operations Date, the host fee per ton of landfilled Municipal Waste shall be $0.50. The host fee in Paragraph l l.a. shall remain unadjusted for its term. Under this Paragraph 11.a., the Transfer Station Operator shall pay the Village a minimum of sixty- thousand dollars ($60,000.00) in host fees per year of operation under this Paragraph (i.e., per annual anniversary under Paragraph I I.a. and not per calendar year); b. On the fourth (4th) -year anniversary of the Operations Date and thereafter, the base host fee per ton of landfilled waste per operating day shall be $1.00 per ton of landfilled Municipal Waste, adjusted pursuant to Paragraph I Le.; e. Beginning the first (1") anniversary of the Effective Date of this Agreement and every year thereafter, the base host fees shall be adjusted upward by the Consumer Price index, All Items, Chicago -Gary- Kenosha, not seasonally adjusted rate published by the United States Department of Labor - Statistics. (hereinafter "CPT") adjustment as set forth below. However, in no event is any single adjustment to exceed three percent (3 %) ; i. The base host fees shall be increased by the same percentage as the lesser of (a) the percentage change in the average CPI for the preceding year compared to two years prior or (b) the percent change in the CPI between January of the preceding year and the January in the year in which the adjustment is being made. To calculate the CPI the Transfer Station Operator will use the CPI data available from the United States Department of Labor Statistics Internet Database as of and including January of the year in which the adjustment is made (e.g., if 2011 is the year of an adjustment, the CPI for January 2011 is typically available in March 2011) For example, if 2011 was the year of an adjustment, when the data was available in or around March 2011, the Transfer Station Operator would calculate (a) the percent change in the average of the preceding year compared to two years prior as follows: (the annual average for 2010) 212.870 — (the annual average of 2009) 209.995 = 2.875/209.995 (the annual average of 2009) = 0.0136 x 100 = 1369 (percent change). Additionally, the Transfer Station Operator would calculate. (b) the percent change in the CPI between January of the preceding year and the January in the year in which the adjustment is being made as follows: 215.155 (the CPI for January 2011) — 212.104 (the CPI for January 2010) = 3.051/212.104 (CPT for January 2010) — 0.01438 x 100 = 1.438 (percent change). Since, in this example, the (a) percent change in the average of the preceding year compared to two years prior is the lesser of the two options, the CPI increase for 2011 would be 1.369. Since the CPI is calculated in or around March of each year when the data becomes available from the United States Department of Labor Statistics, after the percent change is calculated, the Transfer Station Operator will apply it retroactively to start January of the year it is being applied. If the CPI Price Index data herein referenced is no longer published, the Village and the Transfer Station Operator shall designate comparable data which shall then be used for determining the percent change. The host fee will not decrease and if a year occurs where there is either no increase in the CPI or a decrease in the CPI, as calculated herein, the host fee remains the same as the previous year; and ii. Adjusted host fees shall be rounded upward to the nearest penny and the percent change shall be calculated with no more than the thousandth place after the decimal point. d. The host fees shall be paid on the thirtieth (30th) day following the close of a calendar quarter (for example, the fee is due on April 30th for the first calendar quarter, ending March 31st), without demand from the Village, except in the year of a CPI where the adjustment to the payment for the first quarter due to the percent change shall be included by the Transfer Station Operator in the payment for the second quarter.. Payments of host fees shall be made by the Transfer Station Operator to the Village of Morton Grove, attention Finance Director /Treasurer, 6101 Capulina Avenue, Morton Grove, IL 60053. e. The Transfer Station Operator shall keep complete and accurate books and records relating to the determination of the Host Fees to be paid under this Agreement for two years from the date on which payments to the Village were made Additionally, with each payment to the Village, the Transfer Station Operator shall submit to the Village an accounting by day of the amount of fees payable to the Village, including the basis for those fees. 12 £ The Transfer Station Operator shall provide the Village, at the Village's request, with weight receipts from a certified scale at the facility where the waste is landfilled. Additionally, the Transfer Station Operator shall permit the Village's designated representatives, upon reasonable notice, access to such books and records for inspection, audit, and photocopying during the Transfer Station Operator's normal business hours. The Village shall maintain as confidential the information which it derives from the Transfer Station Operator's books and records, except to the extent the Village obtains documents from Transfer Station Operator which must be disclosed pursuant to State of Illinois law. However, the Village shall be permitted to disclose the information it obtains from Transfer Station Operator to employees and consultants which the Village believes, in its sole discretion, such disclosure is appropriate in order to monitor and ensure the Transfer Station Operator's compliance with the terms and conditions of this Agreement. In no event, however, is Transfer Station Operator required under this Agreement to reveal to the Village its hauling or Transfer Station customer list(s), as the. Village acknowledges that information is proprietary and if the books and records which are kept and relate to Host Fees also contain customer list or other confidential or privileged information, Transfer Station Operator may, at its sole discretion, redact any and all portions of the information prior to providing the books and records to the Village and /or copies of any document to the Village, as long as the redaction does not remove any numerical information such as tare and weight of trucks. Further, in the event Transfer Station Operator does not redact such documents at the time the Village views them, but later redacts when the Village requests copies, such failure to redact is not a waiver of the confidentiality or privilege of the redacted information. In the event that any such inspection /audit reveals any underpayment of Host Fees, Transfer Station Operator shall within seven (7) days of receipt of notice of underpayment by the Village, pay the Village the amount(s) of such underpayment(s). Additionally, should the underpayment be five percent (5 %) or more of the total amount that should have been paid, Transfer Station Operator shall reimburse the Village for the costs and expenses of the audit In the event that such inspection reveals any overpayment(s) of the subject fees, the Transfer Station Operator may credit the amount of such overpayment(s) against payments of the subject fees made after the audit. g. The Village must notify the Transfer Station Operator in writing of any dispute regarding payment of host fees to the Village within two (2) years from the last calendar day of the month for which disputed fees are payable. Otherwise, any such dispute is deemed waived; h. If this Agreement is terminated, host fees shall be paid to the date of termination and no further payments of host fees shall be due from the Transfer Station Operator to the Village. 12, SCALE. The Transfer Station. Operator shall maintain and operate a certified scale which shall be inspected and certified at least once each calendar year. The Transfer li Station Operator shall allow the Village reasonable use of the Transfer Station Operator's scale by any trucks or vehicles from the Village's Public Works Department or for the official business of the Police Department or the Village, provided that: a. the Village gives the Transfer Station Operator reasonable notice of the Village's intended use of the scale and the Transfer Station Operator approves such use; b. such use does not interfere with the operations of the Transfer Station; and c. the vehicle being weighed is not a vehicle owned, operated or contracted by the Transfer Station Operator or any company owned by the same shareholders, or any vehicle (regardless of ownership) utilizing the Transfer Station. The Village agrees that it will not seek to hold the Transfer Station Operator liable as a result of any loss of fine or loss of violation on a suspected overweight case due to alleged or actual issues or evidentiary issues or claims concerning the scale or its certification. Further, the Village acknowledges that by the Transfer Station Operator's agreement to allow the use of the certified scale, the Transfer Station Operator is not agreeing to provide any personnel, such as its scale operator, to testify or to aid the Village in its prosecution of the case, and the Village does not seek such personnel through subpoena or other force, and to do so only with the Transfer Station Operator's agreement. The Transfer Station Operator shall have the right to schedule the Village's use of the scale based upon operating hours of the Transfer Station and the inflow and outflow of Waste and Recyclables at the Transfer Station. Paragraph 16, below (indemnification), specifically excludes the Village's use of the scale. d. The Village shall be responsible for any injury or damage caused by the Village's use of the scale. 13. NEW TAXES: In consideration for the Transfer Station Operator's agreement herein to locate the Transfer Station in the Village and for host fees as provided in this Agreement, the Village shall not levy any new taxes or assess any fees against the Transfer Station Operator, the Property, or the Transfer Station even if such fees are specifically allowed by State Law to be charged by a host community to a pollution control or other similar facility such as the subject Transfer Station, provided, however, that the foregoing shall not apply to: real estate taxes, or other fees or taxes validly and uniformly assessed against all members of a class of taxpayers or fee payers, other than as an owner or operator of a waste transfer station, collector of Municipal Waste, Landscape Waste, and /or Recyclables, or a solid waste management facility. 14. CONTRACTUAL TONNAGE RESTRICTIONS: The Village acknowledges that the Transfer Station is designed to manage a greater amount of Municipal Waste than provided by this Contractual Tonnage Restriction and that this restriction is not a reflection of the design or operational capabilities of the Transfer Station. However, during the first two (2) years that the Transfer Station is operating, the Village desires and Transfer Station Operator agrees to limit the tonnage at the Transfer Station to average daily maximum of 1500 tons per 14 day of Municipal Waste that is received and transferred through the Transfer Station to a landfill, on a rolling calendar year basis calculated on a monthly basis. A rolling calendar year calculated on a monthly basis, means the interval calculated to determine the average is the daily average from the month prior to the current operating month, to the subsequent month a year prior to it, for example, to determine the average as of July 2010, the tonnages from July 1, 2009 through June 30, 2010 are divided by 365 days. Except as proposed and approved in the site location application, the Transfer Station Operator shall not physically increase the square footage of the Transfer Station tipping floor. Further, in the event the Village determines to approve the Transfer Station site location, and it determines that a condition related to tonnage is reasonable and necessary based on the evidence presented in the siting public record, then Transfer Station Operator agrees to re- negotiate this Section to address the matter. After the second (2nd) year of operation, and annually thereafter, the maximum tonnage under this Paragraph will be increased, based on the percent change in CPI calculated in the same manner and applied on the same years as for the host fee, pursuant to Paragraph II.e. The tonnage will not decrease and if a year occurs where there is either no increase in the CPI or a decrease in the CPI, the tonnage restriction remains the same as the previous year. In addition to the adjustments in this Paragraph, the average daily maximum identified in this Paragraph may be adjusted at the request of the Transfer Station Operator with the approval of the Village Administrator. 15. ASSURANCE OF PERFORMANCE AND GUARANTEE: The Transfer Station Operator shall take in a timely fashion all steps necessary to insure the prompt and complete performance and satisfaction of all liabilities, obligations, payments and duties of any type, kind, or sort which may arise by operation of federal, state, and local statute, law, rule, directive, ordinance or mandate, as well as the terns and conditions of this Agreement. 16. INDEMNIFICAT'IONT: Effective as of the Operation Bate and through the term of this Agreement, except as otherwise excluded in this Agreement, the Transfer Station Operator shall defend, indemnify and hold the Village, its agents, servants, officers, employees, consultants and attorneys harmless from and against all third party claims, judgments, orders, fines, penalties and other liabilities (including without limitation attorney's fees and costs) resulting from the negligence of the Transfer Station Operator during the actual operation of the Transfer Station or arising out of this Agreement. 17. GENERAL PROVISIONS: a. Amendments. This Agreement may be amended or otherwise modified only by written agreement duly executed on behalf of the Village and the Transfer Station Operator b. Captions. Captions in this Agreement are for the convenience of reference only and do not affect this Agreement or its interpretation; a Entire Agreement. This Agreement sets forth the entire, final and exclusive Agreement and understanding of the Village and the Transfer Station Operator in respect to the matters covered hereby; 15 d. Governing Law, Venue and Jurisdiction. This Agreement and all disputes hereunder shall be governed by the laws of the State of Illinois; e. Assignment of Agreement. This Agreement shall be binding upon the Transfer Station Operator and its successors and assigns. As additional consideration for this Agreement, Transfer Station Operator will not transfer its interests in this agreement or its Illinois EPA permit(s) for operation of the Transfer Station without the prior written approval of the Village, which approval shall not be unreasonably withheld or delayed. In assessing a proposed transfer or ownership of the operational permits, the proposed assignee shall provide to the Village its consent to be bound to the provisions and remaining term of this Agreement, and the Village may consider financial capability of the proposed transferee to operate the Transfer Station in accordance with the terms of this Agreement and all applicable local, state, and federal laws and regulations. Notwithstanding the foregoing, such transfers of ownership or other interest may be made without the Village's prior approval to any affiliates or companies which are owned or whose shares are owned by shareholders of the Transfer Station Operator. f. Recordation of Agreement. This Agreement shall running with the land. Within thirty (30) days Transfer Station Operator shall cause a copy of this the Office of the Cook County Recorder, such that for the Property. be deemed to be a covenant of the Operations Date, the Agreement to be recorded in it will be in the chain of title g. Coordination and Cooperation with Village Programs The Transfer Station Operator and the Village shall reasonably cooperate with each other in securing federal or state grants or other aid for recycling and other waste collection and disposal programs, provided that neither the Transfer Station Operator nor the Village shall be required to fund or match funding for any such grants or programs except as otherwise required in this Agreement. h. Compliance with Applicable Laws. The Transfer Station Operator shall conduct operations at the Transfer Station in accordance with all applicable federal, state, and local laws. i. Relationship of the Parties. Nothing in this Agreement shall be construed to create a joint venture, partnership, association or employment relationship between the Village and the Transfer Station Operator. j. Recitals. The recitals are a part of this Agreement. k. Severability. If any provision of this Agreement or any document executed in connection herewith shall be or become invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality or enforceability of the remaining provisions contained herein or therein shall not be affected or impaired. In such case, the parties shall achieve the purpose of the involved provision by 16 agreeing to a new legally valid and enforceable provision, which shall become part of this Agreement or such document. 1. Third Parties. Nothing in this Agreement, express or implied, is intended to confer any right or remedy on any person other than the Village and the Transfer Station Operator, and their respective successors and permitted assigns, nor is anything in this Agreement intended to affect or discharge any obligation or liability of any third person to the Village or the Transfer Station Operator, nor to give any such third person any right of action or subrogation against the Village or the Transfer Station Operator. m. Insurance. The Transfer Station Operator shall meet the minimum requirements for insurance in the Village's siting ordinance in effect at the time the siting application is submitted to the Village. n. Waiver. The failure of the Village or the Transfer Station Operator at any time to require the performance of any provision of this Agreement shall not affeet its right to enforce the provision at a later time. No waiver of any nature by the Village or the Transfer Station Operator, whether by conduct or otherwise, shall I e deemed to be a continuing waiver. o. Mutual Review. The Village and the Transfer Station Operator have jointly participated in the preparation of this Agreement, and for purposes of principles of law Govening the construction of the terms of this Agreement, no party shall be deemed to be the drafter of this Agreement. The Village and the Transfer Station Operator specifically acknowledge their individual legal counsel has reviewed and advised them concerning this Agreement, and the undersigned have been authorized to enter into this Agreement on behalf of each party respectively. p. Notijzcatiou. All notices and other correspondence required or permitted under this Agreement shall be given at the following addresses or such other address as the Village or the Transfer Station Operator may in writing designate: Notices s' na 11 be deemed to have been given and effective as follows: i. When delivered personally; or ii. If deposited with a commercial courier for next business day delivery, one (1) business day after being so deposited. iii. All notices under this Agreement require the sender to obtain a signature of the recipient at time of delivery. VILLAGE OF MORTON GROVE: Village Administrator Village of Morton Grove 6101 Capulina Avenue 17 Morton Grove, IL 60053 COPIES TO: Corporation Counsel Village of Morton Grove 6101 Capulina Avenue Morton Grove, IL 60053 TRANSFER STATION OPERATOR: Joshua Connell, Mgr. Lakeshore Waste Services, LLC 6132 W. Oakton St. Morton Grove, Illinois 60053 COPY TO: Jennifer J. Sackett Pohlenz Clark Hill PLC 150 N. Michigan Avenue, Suite 2700 Chicago, IL 60601 IN WITNESS WHEREOF, the undersigned have affixed their signatures on behalf of the Village and the Transfer Station Operator this day of _ _ , 2012. FOR THE VILLAGE: Village President, Village of Morton Grove FOR THE TRANSFER STATION OPERATOR: AFTER RECORDING MAIL TO THOSE PERSONS IDENTIFIED IN PARAGRAPH 17.p. 18 Lecrislative Summary Resolution 12 -21 AUTHORIZING THE PURCHASE OF A 2012 FORD F -350 CHASSIS CAB WITH DUMP BODY AND SNOW PLOW THROUGH THE NORTH SUBURBAN PURCHASING PROCUREMENT PROGRAM Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: As a member of the Northwest Municipal Conference, the Village of Morton Grove takes advantage of the Conference's competitive bidding process known as the Suburban Purchasing Cooperative Procurement Program which is ajoint purchasing program for local government agencies representing 143 municipalities To replace a 1995 Chevrolet dump truck with high mileage assigned to the Street Department. The Public Works Department routinely reviews vehicles and equipment for fuel economy, safety, dependability, age, and excessive repair cost, thereby replacing or eliminating equipment that no longer meets the department's needs. Public Works and Finance Departments. Funding in the 2012 Public Works Adopted Budget has been approved in the amount of $223,335 for replacement of vehicles and equipment. The cost for the vehicle replaced pursuant to this resolution will be in the amount of $39,228.00. General Fund. The implementation of the program is done as part of the normal operations of the Public Works and Finance Departments. Approval as presented. Not required. None. Respectfully submitted: Ryan ; Horn ihage Administrator Pro Tem r , ,v r Prepared by: f Reviewed by: 7, De Monte, Director of Public Works Teresa Hoffman Liston, Corporation Counsel RESOLUTION I2 -2I AUTHORIZING THE PURCHASE OF A 2012 FORD F -350 CHASSIS CAB WITH DUMP BODY AND SNOW PLOW THROUGH THE NORTH SUBURBAN PURCHASING PROCUREMENT PROGRAM 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 Suburban Purchasing Cooperative representing 143 municipalities who conducted a bidding process for the purchase of 2012 Ford F -350 dump trucks with dump bodies and plows, and the low bidder for said purchases was found to be Freeway Ford, 8445 45`h Street, Lyons. Illinois 60534; and WHEREAS, the Village as a member of the Northwest Municipal Conference has previously utilized the North Suburban Purchasing Cooperative Procurement Program for purchases of vehicles; and WHEREAS, the Village Board approved the 2012 Adopted Budget on December 12, 2011, as Ordinance 11 -47, which included account number 025017- 572010, in the amount of $223,335 which provides funding for vehicles and equipment replacement; and WHEREAS, the description and purchase price negotiated by the North Suburban Purchasing Cooperative Procurement Program for the vehicle is as follows: 2012 Ford F -350 XL 4x4 Cab and Chassis with Dump Body and Plow truck: Total: 539,228.00 NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Only that company listed and described on this Resolution for the purchase of a 2012 Ford 4X4 Cab and Chassis with Dump Body and Plow Truck be approved in this Resolution. SECTION 3: The Director of Public Works and Finance Director of the Village of Morton Grove is hereby authorized to execute an agreement for the purchase of a 2012 Ford F -350 4X4 Cab and Chassis with Dump Body and Plow Truck for a total amount of $39,228 from Freeway Ford, 8445 45"' Street, Lyons, Illinois 60534, SECTION 4: This Resolution shall be in full force and effect from and upon its passage and approval. PASSED this 12 "' day of MARCH 2012, Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED by me this 12 "' day of MARCH 2012 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 13`h day of March 2012 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois 271 20' 2 I5: 37 70@4.4.200003 ._1 '0t. ,SUBURBAN PURCHJIath'C 'v " January 27, 2012 Freeway Ford Mr, Peter iiC Me1B 8445 4511 Street i.yotss, TL 60534 Dear Mr. S7eMeis, This letter is to inform you that the Suburban Purchasing Cooperative's Governing Board I:aS approved a one -year contract extension on the Ford P -350 XL 4x2 Chassis Cab C;ontraot with Freeway Ford of Lyons, TL, The extension has been approved trait January 22, 2012 through January 21, 201". This is the seoond of' dyes ,) possible one year extensions_ With acceptance of this contract extension, Freeway Ford, Lyons, TL agrees to all terms and conditions set forth in the specifasations contained within the original Requests for Propasa; to which you responded. The SPC reserves the right to extend these contrasts for one additional one -year term upon mutual agreement of the both the vendor and the SPC on a negotiated basis, Freeway Ford Lvorss. IL will handle all billing Each vehicle inrchas ®d will be at;IE R e ,3106.06, administrative Pee per vehicle which shat) be said directly by the vendor to the SPC on A.-Quarterly bass The SPC ioois forward to ruiother productive year woricing with Freeway Ford. Please sign, and date this agreement below, retaining copies for your files and returning the original to my attention. Sii'nncerely,, Y,�(�itl. `j /' of #.� to Ellen Dayan Program Manager for Purchasing Northwest. Municipal Conference l7 Name: Ellen Dayan Date Name: Peter DeMcis Date Northwest Municipal Conference Freeway Ford Du Page N7avors h Managers Cortfaranea 1.20 Oak Brook- Riau Oak Brook, IL 60513 S+cerrc ournicA phone (6.40; 571.0480 Fax: ( &90)371.0464 Northwav Municipal Coktcrencc 1616 Earn Golf flood I3us P)ainex. IL 60016 F110n Daynn Phonct (V7) 296 -91110 °a;.' (80) 294-9107 South Suburban hfmmrS AndManoyrm. AassnrJarinn 1904 Well 171'" S+rae! rust Nn:el Crest, IL 60429 Fd Poet l Phone: (708) 206.1155 Fasr (708) 206 -11.13 W711 cnunry Govcrrsmenea; i,eaPUe 3/80 Theodore SirceC Swim 101 lo7iar. IL 6043," C.'heria Belem Phnnct (315) 729 -3531 Fax: (8151 729.JSJ6 Paul Tobin Division Superintendent 7540 Nagle Ave. Morton Grove, Illinois 60053 We are pleased to do your quote on the Suburban Purchasing Cooperative Contract 2012 Ford F350: Includes the following: *F350 Chassis Cab 4X4, Cab to Axle 60" 522,900.00 *Spare Tire R .lack *Plow Prep *Trailer Break Controller *Running hoards *Shop Disc *8.0' Western Snow Plow S 51492.00 *Rugby 9.0' Dump Body and Accessories 5101736.00 *Exterior White Total price $39,228.00 Sincerely, Peter DeMcis Freeway Ford 8445 W.45" Street • Lyons, IL 60534 -0286 • 708 - 442 - 9000 office • 708 - 442 - 9018 fax www, f re e wa yt r u c k. co m r Please enter thil fallowitta: Ford Fled Number K'1397 Contact ?ram': Pau! Tobin ('hone Number 847 -470 -5235 Pureitasc Order Number 84ate'axxemptNarnbeE E9998- 1491 -06 PLEA SE SLIBAlIT P.O. TO: Freewfry ford- Slailinn 7 ruck 5'cles 8445 45t1i Strerl Lporrs', 7L 60534 PHO,,VE: i'68)4 1: (71l8)447 -90 f t' Contact Person: Peter T eA;reis trderneisia ;,rrrlaif.('0111 r rF?Gt_ 2 Fleet A4anuai SlidmL Rear Windov.' $125.00 I Air Conditioning Delete - (NW, with remote Start) (S275 00i Cruise Radio [Delete _ (S2000 Delivery of more than 30+ miles $200.00 Detailed Shop Manual (CD $296.00 4.2 Gas indicate miles and /or length of estende.d powertrain :varram% ° yr. coverage offered and price 100,000 Powertrain S11 .550 .Additional Options Snow Plow Prep Packace(4x4isneeded) !Chassis Total: Exterior Colors y & Plow Total: mop Fee: Dark Blue Pearl Metallic i Vermillion Red — Purchase 'Total: Forest Green Metallic_ i Pale Adobe Metallic_�� —� f ( Tuxedo Biaek Metallic 5r 'terline Grev Metallic Ingot Silver Metallic Oxford White - - -- $22,900 $16,228 $ i00 $39,228.00 If ire have missed an € ption or equipment that you need please call Pete- DeNleis ON) 442 -9000 PAGi Legislative Summary Resolution 12 -22 AUTHORIZING THE EXECUTION OF A CONTRACT WITH INSITUFORM TECHNOLOGIES, INC. FOR THE 2012 SEWER LINING PROGRAM Introduced: March 12. 2012 Synopsis: To authorize the execution of a contract with Insituform Technologies, Inc., 12897 Main Street, Lemont, I I lino is, for the 2012 Sewer Lining Program. Purpose: The 2012 Sewer Lining Program is necessary to maintain the Villages sewer system. The program includes the repair of a sanitary sewer on Palma Lane from Shernner Road to Foster Avenue and the sanitary sewer on Harlem Avenue from Golf Road to Wilson Terrace. Background: The Village contracts with a sewer lining contractor to rehabilitate sewers within the Village to maintain the structural integrity, improve efficiency, decrease infiltration, and extend the service life of the sewer. The cured -in -place pipe reduces costs, parkway destruction, tree removal, and resident inconveniences caused by traditional repairs requiring excavation. This contract was bid through the Local Government Public Improvements Consortium for Sewer Lining Improvements and bids were publicly opened and read at the Village of Glenview Village Hall on February 28, 2012. Programs, Departments Public Works, Engineering Division and Sewer Division or Groups Affected Fiscal Impact: The estimated Base Bid contract value is $63,348,38. Since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Source of Funds: Funding for the 2012 Sewer Lining Program is in the Enterprise Fund - Account No.: 405034 - 552290 in the amount of $72,000.00 Workload Impact: The Public Works Department, Engineering Division, as part of their nornnal work activities, performs the management and implementation of the program. i Administrator Approval as presented. Recommendation: Second Reading: N/A Special Considerations or i None Requirements: Respectfully su?J.amn, tted: J. sv R an Ho e, Village Administrator, Pro Ten Prepared by: Reviewed by: Josep� Superintendent, Water /Sewer Teresa Hoffmay' Ljston. Corporation Counsel RESOLUTION 12 -22 AUTHORIZING THE EXECUTION OF A CONTRACT WITH INSITUFORM TECHNOLOGIES, INC. FOR THE 2012 SEWER LINING PROGRAM 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 2012 Sewer Lining Program is necessary in order to maintain the Village's infrastructure; and WHEREAS, the Base Bid sewers included in the 2012 Sewer Lining Program are as follows: Size and Type Street Between Length 8" Sanitary Sewer Palma Lane Shermer Road to Oconto Avenue 990 LF 8" Sanitary Sewer Oconto Avenue Palma Lane to Foster Avenue 350 LF 8" Sanitary Sewer Harlem Avenue Golf Road to Wilson Terrace 870 LF and WHEREAS, the Local Government Public Improvements Consortium advertised inviting bids for the 2012 Sewer Lining Program; and WHEREAS, six bids were received, publicly opened, and read at the Village of Glenview Village Hall at 2:30 pm on February 28, 2012, with the Morton Grove bid results as follows: Contractor Total Insituform Technologies, Inc. $ 63,348.38 Visu -Sewer of Illinois $ 71,190.00 Michels Corporation $ 75,657.00 Utility Services Authority $ 81,150.00 Hoerr Construction $ 81.700.00 Kenny Construction $146.250.00 and WHEREAS, the low bidder is Insitufom Technologies, Inc., 12897 Main Street, Lemont, Illinois 60439; and WHEREAS, funding for the above work is included in the Village of Morton Grove 2012 Budget in Account Number 405034 - 552290 in the amount of $72,000.00; and WHEREAS, the qualifications and availability of the low bidder have been verified. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village President of the Village of Morton Grove is hereby authorized to execute, and the Village Clerk to attest, a contract with insitufom Technologies. Inc.. 12897 Main Street, Lemont, Illinois 60439, based upon their bid for the "2012 Sewer Lining Program" in the estimated amount of $63,348.38. SECTION 3: The Village Administrator and Village Engineer are hereby authorized to coordinate the implementation of this contract with Insitufom Technologies, inc. SECTION 4: This Resolution shall be in full force and effect upon its passage and approval. PASSED this 12f' day of March 2012 Trustee Trustee Trustee Trustee Trustee 'Trustee DiMaria Gomberg Great Marcus Thill Toth APPROVED by me this 12`' day of March 2012 Daniel J. Staackmann, Village President Village of Morton Grove Cook County. Illinois ATTESTED and PILED in my office This 13`' day of March 2012 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Ordinance I2 -06 AN ORDINANCE GRANTING AN AMENDMENT TO THE SPECIAL USE PERMIT FOR THE PROPERTY LOCATED AT 8710 FERRIS AND 8701 LINCOLN AVENUE FOR A PLANNED UNET Introduction: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: DEVELOPMENT IN THE VILLAGE OF MORTON GROVE February 27, 2012 Special Considerations or Requirements: This ordinance will grant an amendment to the special use permit for the property located at 8710 Ferris and 8701 Lincoln Avenue to allow the unit mix to be reduced to 63 units. The Unified Development code requires an amendment to a special use permit when revisions are made to Planned Unit Developments. In 2005, pursuant to Ordinance 05 -28, the Corporate Authorities approved a special use Permit for a Planned Unit Development at 8710 Ferris and 8701 Lincoln Avenue for the construction of 65 town homes. in 2007, at the request of the owners, Toll Brothers, Inc., and pursuant to Ordinance 07 -07, the Village approved an amendment to the special use permit to provide 64 town home units and to change the mix of the style of the units. Previous ordinances in 2007 and 2009 adjusted the total number of units between 64 and 65; there were 65 town homes approved in the original Planned Unit Development: which was later reduced to 64. The current request from Toll Brothers consists of a minor modification to remove the unit ( #27 Oakton) as shown on the attached plan. This translates to a total of 63 units with 8 units in building 94 instead of 9. Pursuant to the Unified Development Code adopted pursuant to Ordinance 07 -07, such minor changes all allowed without the need of going through a full formal Plan Commission process, so long as the amendment has been approved by the Village Administrator, Corporation Counsel, Building Coin missioner, and Plan Commission Chairperson. All these officials have approved the proposed amendment. Approval of this ordinance will formally grant an additional amendment to the special use permit granted pursuant to Ordinance 05 -28. Building and Inspectional Services; Community Development, Village Engineer N/A N/A The special use amendment was processed by the Building Commissioner, Village Attorney, and Director of Community Development pursuant to the normal course of business. Approval as presented. Required — March 12, 2012. None. — Respectfully submitted: "a� _ liofite, Vi ) Ilage Administrator Pro Tern � Prepared by: c C Reviewed by John D. D. Said, Director of Community Development Teresa Floffnah Liston, Corporation Counscl AN ORDINANCE GRANTING AN AMENDMENT TO THE SPECIAL USE PERMIT FOR THE PROPERTY LOCATED AT 8710 FERRIS AND 8701 LINCOLN AVENUE FOR A PLANNED UNIT DEVELOPMENT 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, Toll Brothers, Inc. located at 1035 E. Woodfield Rd., Schaumburg, Illinois 60173 was granted pursuant to Ordinance 05 -28 a special use permit in the Village of Morton Grove approving a Planned Unit Development for that property known as 8710 Ferris Avenue and 8701 Lincoln Avenue for the development and construction of 65 town houses on or about May 23, 2005; and WHEREAS, on October 8, 2007 (Ordinance 07 -27), June 23, 2009 (Ordinance 09 -10), and August 10, 2009 (Ordinance 09 -14) Toil Brothers, Inc. was granted amendments to its special use permit to adjust the total units of town homes to 64 (63 units are now proposed); and WHEREAS, the applicant, Toll Brothers, Inc. has made a proper application to the Village of Morton Grove for another minor amendment to the Planned Unit Development to change a portion of the site plan to provide a total of 63 units of town homes pursuant to the site plan attached as Exhibit,' '.. and WHEREAS, pursuant to Ordinance 07 -07 the Village adopted Unified Development Code which set forth an abbreviated procedure for minor revisions to special use permits and allows said minor amendments to be made without a formal grant permission process upon the approval of the Village Administrator, Corporation Counsel, Building Commissioner and Plan Commission Chairperson' and WHEREAS, the Village Administrator, Corporation Counsel, Building Commissioner and Plan Commission Chairperson have approved this proposed amendment and have found the proposed site plan changes meet the standards for the abbreviated procedure; and WHEREAS, the property is zoned in the CR "Residential District" pursuant to the provision of the Village of Morton Grove Unified Development Code; and WHEREAS, the property is zoned in the CR "Residential District" pursuant to the provisions of the Village of Morton Grove Unified Development Codc; and WHEREAS. pursuant to the provisions of the Village of Morton Grove Unified Development Code, the Corporate Authorities have determined the proposed amendment to the special use shall be approved subject to 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 I: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth. SECTION 2: The property located at 8710 Ferris Avenue and 8701 Lincoln Avenue, Morton Grove. Illinois is hereby granted an amendment to the special use permit for a Planned Unit Development as follows: The proposed planned unit development shall be constructed in accordance with the site plan and elevations plan as originally approved in Ordinance 05 -08 but amended to change that portion of the site plan and elevation as shown on the site plan dated February 7, 2012, by ESE, and elevation plan dated February 13, 2012, by Toll Architecture. 2. Except as inconsistent with this amendment, all other provisions of Ordinance 05- 28 and subsequent ordinances will remain in full force and effect. 3. The special use as amended is granted so long as the occupant and users of this property utilize the property for the purposes as herein designated. SECTION 3: The owners, lessees, and occupants of 8710 Ferris Avenue and 8701 Lincoln Avenue their successors and assigns shall allow employees and authorized agents of the Village of Morton Grove access to the premise at all reasonable times for the purpose of inspecting said premise to verify all teens and conditions of the special use permit, as amended, have been met. SECTION 4: The Village Clerk is hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to show and designate the special use permit as amended hereunder. SECTION 5: The Applicant /Owner shall comply with all applicable requirements of the Village of Morton Grove. Ordinances and Codes. SECTION 6: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 12 "h day of March 2012, Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 12 °i day of March 2012, APPROVED and FILED in my office this 13'h day of March 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Daniel J. Staaekmann, Village President Village of Morton Grove Cook County, Illinois V ]Ad rn n4Legis\ord\20128710 Fertis and 9701 Lincoln, special use\ February 15, 2012 John Said, AICP Director, Community and Economic Development Village of Morton Grove 6101 CapulinaAvenue Morton Grove, IL 60053 Re: Revision to the Crossings at Morton Grove PUD and Site Plan Dear Mr. Said: Please accept this letter as a formal request to revise the Planned Unit Crossings at Morton Grove. 1 would like to request to modify Building site plan and elevation renderings for your review. The site plan shows that this revision is consistent with the applicable appearance requirements already met throughout the community. The re - depicts the elimination of the Oakton (unit 27), therefore changing the o` 64 to 63. Building 94 will have 8 units instead of 9. Please note Building already approved conaguration of 6 Henning floorplans. There will be n to the landscape plan. lelopmentfor the I have included a oning, set -back, and vision of Building 44 arall unit count from 93 will remain in its significant changes I look forward to hearing from you after you have had an opportunity to review this request. Please do not hesitate to contact me should you have questions or need additional materials. Sincerely, ,� IZ•� G� a� � . D�Ct�L-� -� Tricia A. Patton Proiect Manager New York Stock Exchange • Symbol TOL ILLINOIS DIVISION 2035 E. WoodSeld Road • Schaumburg, IL 60173 • (847) 590 -5100 TollBrothers.com (847) 590 -5640 ONSTRUCiE& UNIT D U NITS UNIT 0 uMi e / I UNIT n UNIT P UNIT 4 WT 10 I� �� v N -_�0_ MIT z TNT C , m \ um o UNIT a W iT m ti re m UNIT \ I YI iN; f I �M UNIT a V rnmu �� I.: � I TM lea FUTURE UNITS \ I �. \ MIT : Hill nNnti Q �z ,O, I� BUILDING 3 F 1 3 V� I J, UNn R _ W azz CONSTRUCTED\ UNITS \� uxn a my L 1 i U.Wa64s ,a 1 46.14' E.S,L f UN BUILDING 4 °P UNITS UNDER \ / ,WIT CONSTRUCTION a. o V. \ UU ANUEle VV ie'4Cl q.'nl FUTURE UNITS I Jam` \ EUV co\wT 5\ PROPOSED LAYOUT: 1 TOTAL COMMUNITY \ E\\ UNIT COUNT.-63 UNITS rEE. s,s;\ Building #4: E approved units = 9 6309 s.f. 2I proposed units = 5689 s.f. 4 THE OAKTON UNIT 27 8 `s'a Net change = —t —620 s.f, TO BE EWMINAIEO BUILDING 4 THE CROSSINGS OF NORTON GROVE Land Planning o- MORTON GROVE Engineering •�. r t ILLINOIS Land surveying ';mh* ,, m YOI6fA YAML_ � �� FIJI yllsll e1IIIi �Yoo< l O LL amOjlTrPpr 7mU3m qa VC ¢� _--m a 0 M p Ow m 3 II po M p � c I! —gym 3 a� it II z 0 mk c II II � i u to N 7 i Ou # a II O m w II � J JI Legislative Summary Ordinance 12 -07 GRANTING A SPECIAL USE PERMIT TO ALLOW A FUNERAL HOME (UNDERTAKING ESTABLISHMENT) EXPANSION AT THE PROPERTY LOCATED AT 6251 DEMPSTER Introduced: March 12, 2012 Synopsis: This ordinance will grant a special use permit to allow a funeral home (undertaking establishment) to operate at the property located at 6251 Dempster, Morton Grove, Illinois. Purpose: This property is located in the Cl General Commercial District. Funeral homes (undertaking establishments) are allowed in that district pursuant to a special use permit. Background: The applicant, Simkins Funeral Home, applied for a special use permit to operate a funeral home at 6251 Dempster. The applicant proposes to expand the funeral home with a small addition. A special use is required because of the proposed expansion, and because no special use had been granted previously. It is believed the existing building was built in conformance with previous zoning rules, but became legal non - conforming when the zoning rules changed. A public hearing was held regarding this request before the Village of Morton Grove Plan Commission on February 20, 2012. Village staff had no major concerns with the applicant's proposal and no concerned parties spoke regarding the matter. The Plan Commission is unanimously recommending the Village Board grant the special use at the property commonly known as the Simkins Funeral Home at 6251 Dempster. Programs, Departments Building and Inspectional Services; Community and Economic Development or Groups Affected Department; Village Engineer Fiscal Impact: i N/A Source of Funds: N/A Workload Impact: The special use application was processed by the Director of Community Development, and the Village Engineer, pursuant to the normal course of business. Admin Recommendation: Approval as presented. Second Reading: March 26, 2012, required Special Considerations or None Requirements: I Respectfully submitted: Village Administrator Pro Tem -r Approved by: John D. Said, Community and Economic Develop Dir Prepared by Teresa Hoffman: Y' on, Corporation Counsel GRANTING A SPECIAL USE PERMIT TO ALLOW A FUNERAL HOME (UNDERTAKING ESTABLISHMENT) EXPANSION AT THE PROPERTY LOCATED AT 6251 DEMPSTER 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, Simkins Funeral Home, 6251 Dempster, Morton Grove, Illinois 60053, has made a proper application to the Plan Commission in the Village of Morton Grove under Case No. PC 12 -02 requesting the approval of a special use permit to operate a funeral home (undertaking establishment), with an expansion, at the property commonly known as 6251 Dempster, Morton Grove, Illinois 60053: and WHEREAS, the property is located in the CR Commercial/Residential District; and WHEREAS, Section 12 -4 -3 of the Village ofMorton Grove Umfied Development Code allows undertaking establishments to be located in the C1 General Commercial District pursuant to a special use permit; and WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public notice duly published in the Morton Grove Champion Newspaper, a newspaper of general circulation n the Village of Morton Grove, which publication took place on February 2, 2012, and pursuant to the posting of a sign on the property and written notification sent to properly 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 February 20, 2012, 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 March 1, 2012, a copy of which is attached hereto and made a part hereof and marked as lWxlibit "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 Unzfied Development Code, the proposed Special Use is so designed, located, and proposed to be operated so the public health, safety, and welfare will be protected and will not cause substantial injury to the value of the other properties in the neighborhood in which it is located; and WHEREAS, pursuant to the provisions of the i/illage of Morton Grove Municipal Code, the Corporate Authorities have determined the Special Use as approved by the Plan Commission shall be issued subject to the 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 I: 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 6251 Dempster. Morton Grove, Illinois 60053, is hereby granted a special use permit to allow a funeral home (undertaking establishment) with an expansion to be located and operated at that address. SECTION 3: The owners, lessees, occupants, and users of 6251 Dempster, their successors, and assigns allow employees and authorized agents of the Village of Morton Grove access to the premise at all reasonable times for the purpose of inspecting said premise to verify all terms and conditions of this special use permit have been met. SECTION 4: The special use permit is granted so long as the owner, occupant and users of the properly utilize the area for the purposes as herein designated. SECTION 5: The Village Clerk is hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to show and designate the special use as granted and amended hereunder. SECTION 6: The Applicant /Owner shall comply with all requirements of the Village of Morton Grove Ordinances and Codes that are applicable. SECTION 7: This Ordinance shall be in full force and effect from and after- its passage, approval, and publication in pamphlet form according to law. PASSED this 26 "s day of March 2012. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED by me this 26 "' day of March 2012 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 27`" day of March 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Village of r , Punning Conmdssion Zoning Board of Appeals � 7 To: Village President and Board of Trustees h �l From: Ronald L. Farkas, Chairman, Plays Commissions % Date: February 29, 2012 Re: Plan Commission Case PC12 -02; Simkins Funeral Home (6251 Dempster Street); Request for a Special Use for an existing funeral home with a proposed addition in the C1 District Commission Report Public Notice was provided for the public hearing for this request in accordance with applicable requirements. A public notice was published on February 2, 2012, and letters were sent to surrounding property owners on February 2, 2012. A public notice sign was placed on the property on February H, 2012. On February 20, 2012, a public hearing was conducted by the Morton Grove Plan Commission after notice for this public hearing was duly provided, as noted above, for Plan Commission case PC 12- 02. PC 12 -02 consists of the following: • A Special Use request by Michael Simkins /Simkins Funeral Home in accordance with Sec. 12 -4 -3 -D of the Unified Development Code (UDC) to permit an existing funeral home ( "Undertaking establishment ") with a proposed addition. Director of Community Development and Village Planner John D. Said introduced the case on behalf of the Village. He reviewed details of the request, including the existing business, proposed addition, layout and applicable zoning aspects for this request. Mr. Said noted that the existing business is a legal nonconforming operation that was apparently constructed legally long before adoption of current zoning requirements. He noted that the addition (and existing building) meet building placement, height and bulk requirements. Mr. Said also explained that existing parking for the funeral home, including the expansion, exceeds Village requirements. Mr. Said further explained that the proposed building addition will be about 40' wide and will extend out to the front from the existing building about 17'. The addition will consist of an interior expansion containing about 490 square feet (29' by 17'). The addition also includes a covered walkway /portico that is about 11' wide (also extending to the front about 17'). The applicants, Mike and Bill Simkins, were present at the hearing. Both testified that the proposed addition will expand the chapel space for one of the chapel areas in the funeral home, in order to accommodate larger funeral /memorial gatherings. They also testified about the proposed facade for the addition by explaining that the addition will be a beige - colored brick. They could not match the existing brick, so they chose another attractive exterior. Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053 -2985 Tel: (847) 965 -4100 Fax: (847) 965 -4162 a].OF, There were only a few general questions from Plan Commissioners concerning the addition's location and facade materials, and no one from the audience chose to comment on this request. Findings of Fact — Special Use The applicants provided testimony concerning the applicable Standards for a Special Use as specified in Sec. 12 -16 -4C of the Unified Development Code. The Plan Commission unanimously concurred with this testimony. The testimony of the applicant is summarized below: F. Preservation of Health, Safety, Morals and Welfare — The establishment, maintenance and operation of the Special Use will not be detrimental to or endanger the public health, safety, morals or general welfare. Simkins Funeral Home is an established business that has provided funeral services to the community for a long time. It is in the third generation of ownership and has been involved in community service for a long time. The minor addition will in no way change the business operations. 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 addition will not alter at all the use of other properties in the area. The improved and updated look of the business on Dempster Street will enhance the neighborhood. 31 Orderly development — The establishment of the Special Use will not impede normal and orderly development or impede the utilization of surrounding property for uses permitted in the zoning district. The expansion should in no way affect any development of surrounding property, which is already developed. 4. Adequate Facilities — Adequate utilities, access roads, drainage and other necessary facilities are in existence or are being provided. The expansion will not need new access roads or drainage systems. 5. Traffic Control — Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the public streets. The proposed use of the subject site should not draw substantial amounts of traffic on local residential streets. The business has several driveway access points and two parking lots for vehicles, so no problem is anticipated with traffic on public streets. Adequate Suffering — Adequate fencing and/or screening shall be provided to ensure the right of enjoyment of surrounding properties to provide for the pubii* safety or to screen parking areas and other visually incompatible uses, Recent improvements to Dempster Street, and the location of this addition in the front of the property, eliminate the need for additional buffering. Conformance to Other Regulations — The Special Use shall, in all other respects, conform to applicable provisions of this Ordinance or amendments thereto. Variation from provisions of this Ordinance, as provided for in Section 12-16 - 3A1, may be considered by the Plan Commission and the Village Board of Trustees as a part of the special use permit. The way of doing business and the building layout are not changing; the business will continue to conform the applicable Village regulations. Commission Recommendations Special Use: It was moved, and seconded, to recommend approval of the Special Use for this project. The motion was approved: Yes 6; No o; Absent 1 The voting: Chairman Farkas Aye Commissioner Blonz Aye Commissioner Dorgan Aye Commissioner Gabriel Aye Commissioner Witko Aye Commissioner Roepenack Absent Commissioner Shimanski Aye The Plan Commission had no recommended conditions of approval. Le! islaiive Summary Ordinance 12 -08 J AMENDING TITLE 4, CHAPTER 1, SECTION 3, AND TITLE 4, CHAPTER 5, SECTION 6 OF THE MUNICIPAL CODE TO MODIFY WHEN BUSINESS LICENSES AND LIQUOR LICENSES ARE DUE Introduced March 12, 2012 Objective To amend the Village Code Sections 4 -1 -3 and 4 -5 -6 to change the renewal dates for Village business and liquor licenses. Purpose: { The amendments proposed in this ordinance will bring the term for business and liquor licenses in conjunction with the Village's Municipal Code from January I to December 31 so they may all run concurrently. Background: The Village's current Code requires business and liquor license fees be renewed each year on May 1. Village staff is currently in the process of reviewing and updating its procedures and applicable ordinances for the application process of business and liquor licenses and the regulation of local businesses. 'file Village Board shall review a comprehensive overhaul of Title 4 within the next six months. Staff has recommended as part of these revisions, business licenses and liquor licenses run concurrent with the Village's budget, i.e.,.lanuary 1 through December 31. In order to accomplish this change it is necessary at this time to amend 4 -1 -3 (Renewal Periode for Business Licenses) and 4 -5 -6 (Renewal Periods for Liquor Licenses) to state effective January I, 2013, licenses shall run on a calendar year basis and for 2012 licenses will run from May I to December 31, and the fees for said licenses shall be prorated based on this eight month period. This ordinance will amend the Code to effectuate this change. Programs, Departments Administration, Finance, and Legal Departments or Groups Affected Fiscal Impact: i ; Not applicable r Source of Funds: Not applicable Workload Impact: The Administration, Finance, and Legal Departments will implement th is ordinance in the course of their normal duties. Administrator Approval as presented. Recommendation: Second Reading: Required — code amendment, March 26, 2012 Special Considerations or C None Requirements: Administrator Approval' ° Ry rile, Village Administrator Prepared by: Teresa Hoffman Liston, Corporation Counsel 1 AN ORDINANCE AMENDING TITLE 4, CHAPTER 1, SECTION 3, AND TITLE 41 CHAPTER 5, SECTION 6 OF THE MUNICIPAL CODE TO MODIFY WHEN BUSINESS LICENSES AND LIQUOR LICENSES ARE DUE WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois is a home rule unit of government under the provisions of Article 7 of the Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its goverment affairs, including but not limited to the power to tax and incur debt; and WHEREAS, Title 4, Chapter I. Section 3 and Title 4, Chapter 5, Section 6 of the Village Code of the Village of Morton Grove addresses the I ength of time business licenses and /or liquor licenses shall be held by a local business within the Village's corporate limits; and WHEREAS, the Village of Morton Grove, through its elected officials, has have determined the best interest of the Village will be served by changing the time for the renewal of business and Iiquor licenses from starting in May 1 and ending on April 30 to beginning on January 1 and ending on December 31, effective January 1, 2013; and WHEREAS, in order of accomplish this change it is necessary to amend the Village's Municipal Code for 201.2 only and prorate the business licenses and/or liquor licenses for the period of May 1, 2012 to December 31, 2012 (8 months); and WHEREAS, henceforth, all business and liquor licenses shall run concurrently with the Village of Morton Grove Municipal Budget from January i to December 31. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 1 entitled Business Regulations, Chapter I entitled Business and License Regulations, Paragraph 3 entitled Licenses Granted, Term of the Municipal Code is hereby amended by repealing the existing Paragraph 4 -1 -3 to be replaced with a new Paragraph 4 -1 -3, to read as follows: 4 -1 -3: LICENSES GRANTED, TERM: Every license except as otherwise provided shall be signed by the president and attested by the office of the finance director /treasurer under the corporate seal. Licenses shall run from January I to December 31 each year, except for 2012, when licenses shall run from May I through December 31 and the fees for such licenses shall be prorated at 1/4 of the annual fee. In all cases where it is not otherwise express provided, the president and board of trustees shall have the power to hear and grant applications for licenses, upon the terms specified by this chapter. (Ord 91 -51, 11-11-1991 Ord 12- , 03- 26 -12) SECTION 3: Title 1 entitled Business Regulations, Chapter 3 entitled Liquor COnfrol, Paragraph 6 entitled Privilege Granted by License of the Municipal Code is hereby amended by repealing the existing Paragraph 4 -3 -6 to be replaced with anew Paragraph 4 -3 -6, to read as follows: 4 -3 -6: PRIVILEGE GRANTED BY LICENSE: A liquor license granted pursuant to this chapter is solely a personal privilege, and unless sooner revoked pursuant to this chapter or by federal or state law shall last for no more than one year; from .January l (or later for an initial application) through December 31, except for 2012, when licenses shall run from May I through December 31 and the fees for such licenses shall be prorated at 114 of the annual fee, except for classes "G ", "J ", and "K" licenses which shall expire on the date specifies thereon. A license shall not constitute property and may not be transferred. It shall not be used as collateral, nor be subject to voluntary or involuntary attachment, assignment, garnishment, or execution, encumbrance or hypothecation, nor shall it descend by the laws of testate or intestate devolution. Renewal of this license is aprivilege and shall not be construed as a vested right which shall limit or prevent the decreasing number of licenses to be issued within the Village. No license shall be renewed under this section unless the manager of the licensed establishment, and each employee of the licensee who is or will be engaged in the selling, mixing, preparing, or serving of alcoholic liquor at the licensed premises has successfully completed a Basset program, TIPS program or such other alcohol sales and service training program approved in writing by the commissioner. (Ord 10 -13, 6 -14 -2010; Ord 12-, 03- 26 -12) SECTION 4: This Ordinance shall be in full force and effect from and after its passage and approval. PASSED THIS 26`x' DAY OF MARCH 2012. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS 26`x' DAY OF MARCH 2012 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILES in my office This 27`x' day MARCH 2012 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois