HomeMy WebLinkAbout2012-05-14 AgendaI . Call to Order
2. Pledge of Allegiance
3. Roll Call
4.
5
6.
7
8.
9.
10.
Approval of Minutes — Special minutes from April 23, 2012
Regular minutes from April 23, 2012
Regular minutes from April 30, 2012
Special Reports
a. Plan Commission Case PC 11 -13 Requesting a Text Amendment to Chapter 16 of the Unified
Development Code Relative to Procedural Control and Zoning Variations to be Presented by Plan
Commission Chair Ron Farkas
Public Hearings
a. Electric Residential Aggregation Plan for Residents and Small Businesses
Residents' Comments (agenda items only)
President's Report — Administration, Northwest Municipal Conference, Council ofMayors, T114-
Committee, Capital Projects, Real Estate Committee
a. Proclamation — National Peace Officers Memorial Day — May 15, 2012
b. Motion to Amend the Meeting Time (to 7:00 pm) for the Traffic Safety Commission
Clerk's Report — Legal, Cable and Telecommunications Commission
Staff Reports
a. Village Administrator
1) Reminder — Village Board meeting cancelled in observance of Memorial Day — May 28
2) Miscellaneous Reports and Updates
b. Corporation Counsel
IL Reports by Trustees
a. Trustee DiMaria — Fire Department, Emergency Management Agency, RED Center, NIPSTA,
Police and Fire Commission (Trustee Great)
b. Trustee Gomberg — Police Department, Environmental Health, Police and Fire Commission, IT
Communications (Trustee Marcus)
C. Trustee Grear — Community and Economic Development Department, Chamber of Commerce,
Waukegan Road TIF Review, Lehigh/Ferris TIF Review, Dempster Street Corridor Plan, Real
Estate Committee, Comprehensive Plan, Economic Development (Trustee DiMaria)
I) Ordinance 12 -15 (Introduced May 14, 2012) (First Reading)
Adopting and Approving a Tax Increment Redevelopment Plan and Project Area in the
Village
2) Ordinance 12 -16 (Introduced May 14, 2012) (First Reading)
Designating the Dempster /Waukegan Redevelopment Project Area Pursuant to the Tax
Increment Allocation Redevelopment Act
3) Ordinance 12 -17 (Introduced May 14, 2012) (First Reading)
Adopting a Tax Increment Allocation Financing Respecting the Dempster /Waukegan
Redevelopment Project Area in the Village
4) Resolution 12 -41 (Introduced May 14, 2012) (First Reading)
Authorizing a Contractual Agreement with S.B. Friedman and Company to Perform a
Preliminary Study Relating to the Possible Creation of a Business Development District
for the Prairie View Shopping Plaza and Adjacent Area
d. Trustee Marcus — Public Works Department, Condominium Association, Community Relations
Commission, Solid Waste Agency ofNorthern Cook County, Natural Resource Commission,
Traffic Safety Commission (Trustee Thill)
1) Ordinance 12 -19 (Introduced April 23, 2012) (First Reading)
Amending Title 5, Chapter 13, Article G, Snow Routes of the Municipal Code of the
Village
2) Ordinance 12 -20 (Introduced May 14, 2012) (First Reading)
Amending Title 5, Chapter 13, Article F, Section 2 Entitled "No Parking During Certain
Hours" and Title 5, Chapter 13, Article F, Section 3 Entitled "Time Limit Parking Zones"
of the Municipal Code of the Village
3) Resolution 12 -42 (Introduced May 14, 2012)
Authorizing the Execution of a Contract Extension with North Suburban Asphalt
Maintenance, Inc. for the 2012 Cracksealing Program
4) Resolution 12-43 (Introduced May 14, 2012)
Authorizing the Execution of aContract with G &L Contractors, Inc. for the 2012 Concrete
Replacement Program
1 1. Reports by Trustees (continued)
d. Trustee Marcus (continued)
5) Ordinance 12 -21 (Introduced May 14, 2012) (First Reading)
Accepting an Easement and the Public Improvements within the Homestead of Morton
Grove Development
e. Trustee Thill — Building Department, Appearance Commission, Capital Projects, Plan
Commission/Zoning Board ofAppeals (Trustee Toth)
I) Ordinance 12 -13 (Introduced April 23, 2012) (Second Reading)
Amending Title 10, Chapter 2 Entitled Electrical; Regulations of the Municipal Code of
the Village
2) Ordinance 12 -14 (Introduced April 23, 2012) (First Reading)
Amending Title 10, Chapter I Entitled Building Code of the Municipal Code of the Village
3) Ordinance 12 -22 (Introduced May 14, 2012) (Second Reading)
Amending the Village of Morton Grove Unified Development Code Sections 12 -1 -7 and
12 -16 -3 Regarding Procedural Controls and Zoning Variations
f. Trustee Toth — Finance Department, Finance Advisory Commission, Northwest Municipal
Conference, Advisory Commission on Aging Family and Senior Services Department (Trustee
Gomberg)
1) Resolution 12 -44 (Introduced May 14, 2012)
Authorizing the Extension of a Contingent Fee Professional Service Agreement with
Azavar Audit Solutions, Inc. for Municipal Utility Audits
] 2. Other Business
13. Presentation of Warrants - $1,473,374.26
14. Residents' Comments
15. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate
16. Adjournment -To ensure full accessibility and equal participation, for all interested citizens, individuals with disabilities
who plan to attend and who require certain accommodations in order to observe and/or participate it? this meeting, or who
have questions regarding the accessibility ofthese facilities, are requested to contact Susan or Marlene (8471470 -5220)
promptly to allow the pillage to make reasonable accommodations.
MINUTES OF THE APRIL 239 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 6:03 pm by Village President Daniel J. Staackmann who led the assemblage in
the pledge of allegiance. In attendance were:
Elected Officials: Mayor Daniel J. Staackmann, Village Clerk Tony S. Kaiogerakos,
and Trustees Daniel DiMaria, Larry Gomberg, William Grear,
Sheldon Marcus, John Thill, and Trustee Toth
Absent: None
Village Staff: Village Administrator Pro Tern Ryan J. Horne, Corporation
Counsel Teresa Hoffinan Liston, Assistant to the Village
Administrator Peter Falcone
Also Present: None
Mayor Staackmann asked Ryan Horne to present a report on the preparations of the Village's
Executive Work Plan.
Mr. Home disseminated to Trustees three documents. First was a draft strategic plan and
management introduction. Mr. Horne stated the Strategic Plan and Mana� *ement would be fully
developed as part of the creation of the 2013 Budget.
The following core values will guide the development of the budget as a function of the Village's
vision and mission. Those core values are strategy, efficiency, culture, and technology. These
core values will be reflected throughout the budget document. A more detailed analysis of
various strategic initiatives will be included as part of a new section of the budget to be
tentatively titled Executive Summary and Work Plan. Mr. Horne explained as part of the
strategy value, ongoing operations and future services will be defined as short, intermediate, and
long term strategies which will reflect high expectations of service levels for the community.
• The Efficiency Core Value will strive to provide services in the most efficient manner to
fulfill the primary obligations and protect the life, health, and property of residen(s.
• The Culture Core Value will focus on customer service, loyalty., and dedication.
• The Technology Core Value will cause Village staff to evaluate and implement the newest
technologies as an ongoing effort to improve efficiency and enhance communication with
staff, citizens, and business partners.
Richard T. Flickinger Municipal Center
6101 Capulina Avenue • Morton Grove, Illinois 60053 -2985
Tel: (847) 965 -4100 Fax: (847) 965 -4162
Ck
A
Recvnled P,,,,,r
Mr. Horne then reviewed with the Board how these four core values will relate to each
department. For example, the Administration Department would look to strategy to provide a
comprehensive approach to the delivery of services, development of the community, and
advancing the interest of the Village in a transparent and open environment. The efficiency core
will then require the assessment and implementation of changes in process workflows, staffing
and operations to provide for the greatest efficiency in delivering services at expected levels.
Under the culture core, the department will strive to develop strategies to maintain a highly
qualified, motivated, innovative, skilled, and well trained workforce within a competitive
environment. With respect to technology, the department will deploy appropriate technologies
that contribute positively to service deliveries, efficiencies, and communications.
Mr. Horne then disseminated an outline of strategies, performance measures and outcomes
within the department. The Board reviewed and asked questions with respect to this summary.
Mr. Horne then asked if the assemblage had any additional questions, or concerns, or proposed
any revisions. A general discussion then ensued.
There being no further business, Trustee Toth moved to adjourn the special meeting. The motion
was seconded by Trustee Thill and approved unanimously pursuant to a voice vote at 6:23 pm.
Minutes by: Tony S. Kalogerakos, Village Clerk
Special meeting minuies.04 -23 -12
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.
APPROVAL OF MINUTES
a. Regarding the Minutes of the Special Meeting of April 9, 2012, Trustee DiMaria moved,
seconded by Trustee Toth, to accept the Minutes as presented. Motion passed
unanimously via voice vote.
IV.
Regarding the Minutes of the April 9, 2012 Regular Board Meeting, Trustee DiMaria
moved, seconded by Trustee Thill, to accept the Minutes as presented. Motion passed
unanimously via voice vote.
Presentation by the Morton Grove Farmers' Market
Kristina Otte, who chairs the Farmers' Market committee, said she was pleased to announce
the Market's new location, 6210 Dempster Street. She said that there has been increased
interest from vendors this year because of the new location. The Market begins on Saturday,
May 12, as a "Mother's Day" market, open from 8:00 a.m. til noon. Beginning June 2, the
Market will be open every Saturday (except for Saturday, June 30, due to the 4`h of July
festivities), from 8:00 a.m. til noon, closing October 20th. Nine of the vendors this year are
from Morton Grove. Ms. Otte encouraged residents to come out and shop at the market or
volunteer, noting there are lots of opportunities for volunteers. She also encouraged
community groups to contact her if they'd like to have a booth at the Market. She thanked
the Park District for being the Market's new "host", and thanked the Village, especially the
members of EMA, as well as her coworkers on the Farmers' Market committee, for all they do.
Minutes of April 23, 2U121aosrd Meeti+
V. PUBLIC HEARINGS
a. Trustee Dan DiMaria moved to open the Public Hearing regarding the Electric Residential
Aggregation Plan for Residents and Small Businesses. Trustee Marcus seconded the motion.
Motion passed unanimously via voice vote.
b. Village Administrator Ryan Horne provided some background. A new State law now gives
municipalities the ability to go out on the open market to negotiate lower rates for the
cost /supply portion of residents' and small business' electric bills. Residents and small
businesses will have the flexibility of being able to opt out of the program if they so desire.
ComEd will still supply delivery service and will do the billing no matter which supplier is
chosen. This is the first of two Public Hearings being held as provided by the new State law.
This is an opportunity for residents to ask questions, make statements, or comment on this
matter.
c. Trustee Thill asked if ComEd can raise the cost of distribution and/or maintenance (line)
charges. Mr. Horne said yes, they can.
d. Trustee Marcus noted that some residents have already received mailings from other electric
distribution companies and are wondering if those are different from what the Village is doing.
Mr. Horne responded that the cost to actively market to residents prohibits residents from
getting a good deal. The best way to get a good deal is to go through aggregation. Residents
have not lost their ability to try to negotiate their own deal, but Mr. Horne cautioned that if they
do, and then decide they like the prices the Village negotiates instead, they should look
carefully to make sure there's no penalty clause for getting out of the deal they negotiated
on their own. The Village is confidents that, with a bigger pool of people, it will be able to
negotiate a better discount. Mr. Horne said the Village is hoping to finalize a contract by
mid- to late summer.
Resident Mary Cunningham wondered about residents who may have already signed up with
a different provider. How will that be handled? Mr. Horne said that those residents can
choose to stay with the provider they chose, or they can switch over to the Village's provider.
However, if their current provider has a penalty clause, they may decide to wait and switch
over to the Village's once their contract is done. Residents who are still with ComEd —who
have not switched providers —will automatically be signed up with the provider the Village
chooses, but they will maintain the ability to opt out of having the Village's provider.
There being no further comments or questions, Trustee DiMaria moved to close the Public
Hearing, seconded by Trustee Thill. Motion passed: E ayes, 0 nays.
Tr. DiMaria acre Tr. Gomberg acre Tr. Grear aye
Tr. Marcus aye Tr. Thill acre Tr. Toth aae
VI. RESIDENTS' COMMENTS (Agenda Items Only)
NONE
Minutes of April 23,2012 Board Mestitiq'
VII. PRESIDENT'S REPORT
Mayor Staackmann proclaimed April 28, 2012 as "Rev. John P. Smyth Day" in the Village,
noting that Father Smyth has been recognized nationally and locally for innovative and
creative strategies in the caring of young people at risk. Fr. Smyth has significantly impacted
the lives of thousands of boys and girls in the Chicago area for many years, and served at
Maryville Academy from 1962 to 2007. He is now the president of Notre Dame College Prep
in Niles. Mayor Staackmann encouraged all residents to celebrate the contributions Fr. Smyth
has made. An anniversary Mass will be held on Friday, April 27, to honor Fr. Smyth for his fifty
years of dedication to the priesthood.
Trustee DiMaria noted that Fr. Smyth was also a first -round NBA draft pick, but chose the
priesthood instead, which he found commendable.
2. Mayor Staackmann thanked the Board and the transition team for their efforts in finding a top-
notch Village Administrator. It was an important decision and they took over four months to
make it. Mayor Staackmann said Mr. Horne was chosen out of 87 applicants. Mr. Horne has
a Masters in Business Administrator and is a CPA. Coupled with his experience in both the
public and private sectors, he provides a balance that other candidates did not have. Mayor
Staackmann said that he and the Board have every confidence that Mr. Horne will be a great
leader for the day -to -day operations of the Village. He sought concurrence for his appoint-
ment of Ryan Horne as the new Village Administrator. Trustee Thill so moved, seconded by
Trustee Marcus. Motion passed: 6 ayes, 0 nays.
Tr. DiMaria aye Tr. Gomberg afire Tr. Grear ave
Tr. Marcus afire Tr. Thill acre Tr. Toth acre
Trustee Marcus agreed with the Mayor that the Board certainly did its due diligence on this
appointment.
Clerk Tony Kalogerakos administered the oath of office to Mr. Horne, who thanked everyone,
saying that he was honored and would do his best to serve the community with honor.
3. Mayor Staackmann presented Resolution 12 -39, Authorizing a Memorandum of
Understanding Between the Village of Morton Grove and Ryan J. Horne.
This resolution will establish a process and provide the Village Administrator with certain
benefits in the event he is not reappointed for reasons other than misconduct. The
Memorandum of Understanding provides that the Village President will, whenever practical,
give Mr. Horne 90 days advance written notice of his intention to not reappointment him, and
Mr. Horne would receive, upon the termination of his appointment, a lump sum severance
equal to 90 days of his current salary. This is in the event termination occurs for reasons other
than misconduct:"
Trustee DiMaria moved to
approve Resolution
12 -39, seconded
by Trustee Thill.
Motion
passed: 6 ayes, 0 nays.
Tr. DiMaria ave
Tr. Gomberg
ave
Tr. Grear
ave
Tr. Marcus ave
Tr. Thill
ave
Tr. Toth
ave
Mayor Staackmann invited
the assemblage to
a reception at the
Civic Center, 2nd
floor,
honoring Mr. Horne, immediately following the
Board meeting.
Minutes ofAPTH23,2012Board Mootitut
VIII. CLERK'S REPORT
Clerk Kalogerakos noted that there is an administrative assistant position open at Public
Works; the job description can be found on the Village's website.
2. Clerk Kalogerakos encouraged residents who want to stay informed about what's going on in
the Village to sign up for the Village's e- newsletter. This is sent out much more frequently
than the printed Village newsletter (The Exchange), which is mailed out quarterly. Residents
wishing to sign up for the Village's e- newsletter should send a note to con -
tact(o)mortongroveil org to request they be added to the e- newsletter mailing list.
IX.
A.
STAFF REPORTS
Village Administrator
Village Administrator Ryan Horne reported that he had attended the District 67 School Board
Meeting and the recent Park Board Meeting to brief both boards on the proposed Prairie View
TIF. The Village is committed to working with District 67 to insure that it suffers no detriment,
should the Village proceed with the TIF.
2. Mr. Horne
also
noted
that there would be a
meeting of the TIF
Joint Review
Board on
Thursday,
April
26, at
10:00 a.m. at Village
Hall. This meeting
is open to the
public.
B. Corporation Counsel
Corporation Counsel Liston had no report.
X. TRUSTEES' REPORTS
A. Trustee DiMaria:
Trustee DiMaria announced that the NOAA (National Oceanic and Atmospheric Agency) and
FEMA (Federal Emergency Management Agency launched their first national severe weather
preparedness week, marking the one -year anniversary of one of the worst outbreaks of
tornadoes. The agencies are teaming up to make sure that people are being proactive and
are prepared for the stormy summer weather season. He noted that 2011 holds the record
for the most multi - billion dollar weather disasters in history. May is peak season for tornados,
so it's important to take action now. For more information, call Morton Grove's Emergency
Management Agency at 847 - 965 -1502.
B. Trustee Gomberq
Trustee Gomberg had no report.
Minutes of April 23, 2012-Board Meetiiig.
X. TRUSTEES' REPORTS (continued)
C. Trustee Grear:
Trustee Grear congratulated Ryan Horne on his appointment. He also noted that there would
be a meeting of the Morton Grove Days Committee on May 8 at Village Hall at 5:30 p.m. and
encouraged residents to attend. He added that volunteers are greatly needed for this year's
festivities. Anyone interested in volunteering should contact him at Village Hall.
D. Trustee Marcus:
Trustee Marcus presented Ordinance 12 -10, Amending the Municipal Code, Title 5,
Chapter 9, Section 9, Article D, Entitled "Municipal Parking Zones" of the Municipal
Code of the Village of Morton Grove.
This is the second reading of this ordinance.
Trustee Marcus explained that the Board had asked staff to survey municipal parking zones
to standardize parking restrictions therein. Based on that survey, conducted in March, staff
prepared an amendment to restrict certain municipal parking zones to three hours. Also, all
municipal parking zones will now have a no- parking restriction between the hours of 2:00 a.m.
and 5:00 a.m.
Trustee Marcus moved to adopt Ordinance 12 -10, seconded by Trustee Thill
b. Trustee Gomberg said he had several concerns. He noted that, at the last meeting, Trustee
Thill had asked if the business owners had been notified of this potential change in the
parking hours, and if they hadn't, suggested that they be notified before tonight's meeting.
He wondered if that had happened. Public Works Director Andy DeMonte said that they had
not yet been notified because the ordinance had not been approved. If it is approved, notices
will be hand - delivered to businesses tomorrow.
c. Trustee Gomberg said that Trustee DiMaria had pointed out at the last meeting that there was
no Traffic Safety Report accompanying this ordinance. Corporation Counsel had said that it
was because it wasn't based on a petition or request from a business or resident. Yet,
according to Mayor Staackmann, the Village has received numerous calls from businesses
near municipal parking lots stating that there are cars parking there for the day, which
precludes patrons from being able to park there. Trustee Gomberg said that, in his opinion,
it would have been logical to have this ordinance come before the Traffic Safety Commission,
to let business owners and residents have a say about these potential changes, and be part of
the process.
d. Trustee Gomberg added that he has been approached by a business owner on Narragansett
Avenue who'd like the Village to restrict parking there so that train commuters can't park there.
No signage exists there now; and this street isn't covered by this ordinance.
Trustee Gomberg moved to send this ordinance to the Traffic Safety Commission, seconded
by Trustee Grear.
X.
D. Trustee Marcus: (continued)
TRUSTEES' REPORTS (continued)
Minutes nfApd123, 2012 BoardMeefingl
f. Trustee Marcus asked if this issue about municipal parking lots falls under the purview of
the Traffic Safety Commission. Corporation Counsel Liston said that the Traffic Safety
Commission's powers and duties include making recommendations to the Board about
parking regulations; they can review whatever the Corporate Authorities or Mayor asks them
to review, so this matter could definitely come under the Commission's purview for review.
Mayor Staackmann commented on Narragansett south of Dempster street. At one time, it had
been designated "zone" parking at the recommendation of the Traffic Safety Commission, but
the business owners there petitioned the Village to change it unrestricted. They were all
advised that commuters could or would be likely to park there, but they still wanted the parking
restrictions lifted. Now one business owner wants restrictions.
h. There being no further discussion, Mayor Staackmann called for the vote on the motion to
send Ordinance 12 -10 to
the Traffic Safety
Commission. Motion failed for lack of
majority:
3 ayes, 3 nays.
Tr. DiMaria afire
Tr. Gomberg
aave Tr. Grear
aye
Tr. Marcus nay
Tr. Thill
DAY Tr. Toth
nav
Mayor Staackmann asked if there was any further discussion on Ordinance 12 -10.
Trustee Grear said that over the last couple of weeks, he's been driving around and checking
out the municipal parking lots, noting that the current signage states "No overnight parking ".
The only lot he saw that was more than 80% full was one on the east side of Dempster near
Menard. He said he was puzzled why the Village was making parking more restrictive, since
there didn't appear to be a problem. He said that he's never been contacted by any business
owner about this, and hasn't heard of any complaints about lack of parking in these municipal
lots.
There being no further discussion, Mayor Staackmann called for the vote on Ordinance 12 -10.
Motion passed: 4 ayes, 3 nays.
Tr. DiMaria nay Tr. Gomberg Day Tr. Grear BTU
Tr. Marcus acre Tr. Thill aye Tr. Toth aae
Mayor Staackman acre
2. Next, Trustee Marcus presented Ordinance 12 -11, Amending Title 5, Chapter 13, Article F,
Section 2 Entitled "No Parking During Certain Hours" and Title 5,k Chapter 13, Article F,
Section 3 Entitled "Time Limit Parking Zones" of the Municipal Code of the Village of
Morton Grove.
This is the second reading of this ordinance.
Trustee Marcus explained that this will change the parking restrictions on Ferris Avenue to
extend the time allowed for parking on the west side of Ferris near its intersection with Lincoln
Avenue during off -peak hours, and extended to include Saturdays, Sundays, and holidays.
Trustee Marcus moved to adopt Ordinance 12 -11, seconded by Trustee Grear.
Trustee Gomberg asked if this falls under the purview of the Traffic Safety Commission.
. MinutesrofA ril 23,2012Board
Meetl
X. TRUSTEES' REPORTS (continued)
D. Trustee Marcus: (continued)
Corporation Counsel responded that it does, and the Commission has already reviewed it.
Upon the vote, the motion passed: 6 ayes, 0 nays.
Tr. DiMaria aye Tr. Gomberg acre Tr. Grear acre
Tr. Marcus acre Tr. Thill aye Tr. Toth acre
3. Next, Trustee Marcus brought forward Resolution 12 -36, Authorizing the Annual July 4
Parade and Closure of Dempster Street.
He said that this Resolution will authorize the closing of Dempster Street on July 4 between
Central and Ferris Avenues from 2 p.m. to 4:30 p.m. This resolution is required by the Illinois
Department of Transportation.
Trustee Marcus moved to approve Resolution 12 -36, seconded by Trustee Toth. Motion
passed: 6 ayes, 0 nays.
Tr. DiMaria acre Tr. Gomberg acre Tr. Grear aye
Tr. Marcus M Tr. Thill acre Tr. Toth acre
4. Trustee Marcus then brought forward Resolution 12 -37, Authorization to Extend a Contract
with G & L Contractors, Inc. For the Material Hauling Program.
He explained that this will extend the material hauling contract for an additional two years,
ending March 31, 2014, at the same terms and conditions as the original contract signed in
March of 2011.
Trustee Marcus said that the Public Works Department, in an attempt to save costs by
combining work scopes and quantities, has partnered with other communities through the
Municipal Partnering Program, and in some instances, this has realized significant savings.
However, at the bid opening, the bid for the Material Hauling Program came in incomplete
and unable to meet all of Morton Grove's requirements. The Village then opted out of the
Municipal Partnering Program and negotiated a contract extension with its current vendor,
G &L Contractors, Inc.
Trustee Marcus moved, seconded by Trustee
passed: 5 ayes, 0 nays, 1 abstain.
Tr. DiMaria abstain Tr. Gomberg
Tr. Marcus aye Tr. Thill
Thill, to approve Resolution 12 -37. Motion
Tr. Grear ?L
Tr. Toth acre
Trustee Thill thanked Public Works Director Andy DeMonte for his ongoing efforts to save the
Village money.
5' Trustee Marcus congratulated Ryan Horne on his appointment as Village Administrator. He
also thanked Kristina Otte for her presentation this evening, stating that the Farmers' Market
s an exciting operation. He encouraged all residents to come to the "spring market" on
Saturday, May 12.
Minutes of Apol23, 2012 Board
X. TRUSTEES' REPORTS (continued)
E. Trustee Thill:
Trustee Thill presented for a first reading
Ordinance
12-13,
Amending Title 10, Chapter 2
Entitled "Electrical Regulations" of the
Municipal
Code
of the Village of Morton Grove.
He explained that the Village has historically utilized the Chicago Electric Code, as amended,
but with changing technology and equipment, now feels it necessary to change, as many other
suburban communities have, to the National Fire Protection Association's (NFPA) National
Electric Code (NEC). The Village has also entered into a contractual agreement with an out-
side agency for plan review and inspectional services. That agency maintains NEC - certified
inspectors and plan review personnel. This ordinance will assist the Village in maintaining cur-
rent and compliant electrical regulations for work conducted throughout the Village.
There was no discussion on Ordinance 12 -13,
2 Next, Trustee Thill presented for a first reading Ordinance 12 -14, Amending Title 107
Chapter 1 Entitled `Building Code" of the Municipal Code of the Village of
Morton Grove.
He explained that this ordinance will adopt by reference the 2011 National Electric Code
(NEC) with amendments.
There was no discussion on Ordinance 12 -14.
Trustee Toth:
Trustee Toth presented Ordinance 12 -12, Authorizing Aggregation of an Electrical Load
and Adopting an Electric Aggregation Plan of Operation and Governance.
This is the second reading of this ordinance.
Trustee Toth explained that this ordinance will authorize the Village to operate an electric
aggregation program as an "opt -out program' for residential and small commercial retail
customers.
As mentioned earlier by Village Administrator Horne, a new State law allows the Village to
aggregate the electrical load in order to obtain group pricing and hopefully group savings on
the purchase of electricity. All residential users and small commercial retail customers are
automatically part of the group purchase program but may opt -out, if they so desire, as long as
a referendum has passed by a majority of residents. Such a referendum did pass in March. In
order to proceed, the Village is required by law to adopt an Electrical Power Aggregation Plan
of Operation and Governance, and is further required to hold two public hearings, the first of
which was held tonight; the second will be held May 141h
Trustee Toth moved to adopt Ordinance 12 -12, seconded by Trustee Marcus. Motion
passed: 6 ayes, 0 nays.
Tr. DiMaria aye Tr. Gomberg a ee Tr. Grear aye
Tr. Marcus aye Tr. Thill ave Tr. Toth aye
Minutes of ARM 23 ,2012 Board Meeti g?
X. TRUSTEES' REPORTS (continued)
Trustee Toth: (continued)
2. Next, Trustee Toth presented Resolution 12 -38, Authorizing the Execution of a Contract
for Payroll Processing Services.
Trustee Toth said the Village believes it would be cost - effective and less burdensome to have
a third -party payroll service perform all payroll processing. Following a formal bid process,
Village staff is recommending Paylocity of Arlington Heights. The company has a good
reputation and has been named to the Inc. 5000, a list of the country's fastest - growing
privately -held companies. The Village will pay a single start-up fee of $1,995 plus $17,000
per year.
Trustee Toth moved, seconded by Trustee Thill to approve Resolution 12 -38. Motion passed:
6 ayes, 0 nays.
Tr. DiMaria acre Tr. Gomberg acre Tr. Grear acre
Tr. Marcus aye Tr. Thill aye Tr. Toth aye
3. Trustee Toth then presented Resolution 12-40, Tax Abatement Resolution for Tax Levy
Relating to Ordinance 99 -1.
She explained that this resolution authorizes the abatement of taxes levied for tax years 2011,
2012, and 2013, which are collected in the years 2012, 2013, and 2014, in the amounts of
$1,848,520, $1,847,240, and $1,846,190, respectively. She said the Village has chosen to pay
for certain semi - annual bond debt service payments from sources other than property taxes.
In order for the County Clerk not to levy said debt service payments, it is necessary to pass
this resolution and file a certified copy of it with the County Clerk of Cook County.
She explained that in February of 1999, the Village issued $15,495,000 in general obligation
bonds, Series 1999. The ordinance provided for the levy of taxes for the year years 2011,
2012, and 2013should include sufficient funds to pay $1,848,520, $1,847,240, and $1,846,190
respectively for the debt service payments for 2012, 2013, and 2014.
In March of 2009, the Board issued refunding bonds in the amount of $7,650,000, Series
2009, to refinance the remainder of the Series 1999 bonds. However, despite the refunding,
Cook County will continue to levy taxes as provided for in Ordinance 99 -01. Therefore, this
resolution, abating the debt service for the Series 1999 bonds, is required. After abatement,
the net levy for the Series 1999 bonds is zero ($O).
Trustee Toth moved, seconded by Trustee DiMaria, to approve Resolution 12 -40. Motion
passed: 6 ayes, 0 nays.
Tr. DiMaria acre Tr. Gomberg acre Tr. Grear- acre
Tr. Marcus aye Tr. Thill acre Tr. Toth acre_
Trustee Toth reminded the assemblage that, for the next four months, an expert from the
North Shore Senior Center social services staff will be discussing topics of interest following
the Advisory Commission on Aging meeting. The Commission meets the second Tuesday of
the month at 1:00 p.m. at the American Legion Memorial Civic Center. The topic for May 81h is
"Services for the Homebound." All are welcome to attend.
XI. OTHER BUSINESS
NONE
XI I. WARRANTS
Trustee Toth presented the
accept the Warrants, secor
There being no discussion,
6 ayes, 0 nays.
Tr. DiMaria aye
Tr. Marcus aae
Minutes &Apr'02$201 2Board Maetih
Warrant Register in the amount of $718,665.57. She moved to
ded by Trustee Thill.
Mayor Staackmann called for the vote. Motion passed:
Tr. Gomberg acre Tr. Grear aye
Tr. Thill aae Tr. Toth acre
Xlll. RESIDENTS' COMMENTS
Anna Silverman, a 30 -year resident from 9249 Menard, was concerned about a crosswalk
that has been put in front of her house that effectively has eliminated her from having a
parking space in front of her house. This is affecting her neighbor as well. She has been in
contact with Village Engineer Chris Tomich to no avail. She said that no one uses the cross-
walk. There has never been an accident at Menard and Lyons, but there have been several at
Marmora and Lyons, including a serious one last Friday morning. She presented the Board
with pictures and asked for some assistance in alleviating this situation.
b. Mike Kalodimos, congratulated Mr. Horne on his appointment. He had some comments on
the proposed TIF at Dempster and Waukegan and the existing TIF on Waukegan Road. He
felt the Village should not enter into another TIF District lightly and should consider a more
creative solution. A new TIF would place a burden on District 67 and the Park District. The
Prairie View shopping center provides 10% of District 67's funding. Without that funding,
District 67 stands a real chance of failure, i.e., consolidation. It's a significant possibility. He
acknowledged there are water management issues and other issues at the site, but wondered
if the Village could come up with some other type of cost - sharing solution there, rather than
impacting this source of revenue for the school district. He urged the Board to consider a TIF
only as a last resort because of its negative effect on District 67.
XIV. ADJOURNMENT /EXECUTIVE SESSION
Trustee Thill moved to adjourn the Meeting. Trustee Marcus seconded the motion. Motion
passed: 6 ayes, 0 nays.
Tr. DiMaria aye Tr. Gomberg aae Tr. Grear ave
Tr. Marcus aye Tr. Thill aae Tr. Toth aye
The meeting adjourned at 7:51 p.m.
iii]
PASSED this 14th day of May, 2012,
Trustee DiMaria
Trustee Gomberg
Trustee Grear
Trustee Marcus
Trustee Thill
Trustee Toth
APPROVED by me this 14th day of May, 2012,
Daniel J. Staackmann, Village President
Board of Trustees, Morton Grove, Illinois
APPROVED and FILED in my office this 15th day of May, 2012,
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove, Cook County, Illinois
Minutes 0fApriI23t2012SoaTxI Meefi " ".
Minutes by Teresa Cousar
11
MINUTES OF THE APRIL 30, 2012, SPECIAL MEETINGIPUBLIC HEARING
OF THE BOARD OF TRUSTEES
RICHARD T. FLICKINGER MUNICIPAL CENTER
6101 CAPULINA AVENUE
MORTON GROVE, ILLINOIS 60053
Pursuant to proper notice in accordance with the Open Meetings Act, the special meeting was
called to order at 7:08 pm by Village President Daniel J. Staackmann who led the assemblage in
the pledge of allegiance. Corporation Liston called the roll. In attendance were:
Elected Officials: Mayor Daniel J. Staackmann, Trustees William Grear, .1ohn Thill,
and Trustee Toth
Absent: Village Clerk Tony S. Kalogerakos, Trustees Daniel DiMaria,
Larry Gomberg, and Sheldon Marcus
Village Staff: Village Administrator Pro Tem Ryan J. Ilorne, Corporation
Counsel Teresa Hoffman Liston, Assistant to the Village
Administrator Peter Falcone, Community and Economic
Development Director John D. Said
Also Present: Representatives of S.B. Friedman and Company, Members of the
press, residents, and interested parties
Mayor Staackmann noted the purpose of this Special Meeting was to hold a Public Hearing on
the proposed Dempster /Waukegan Redevelopment Project Area. Mayor Staackmann stated the
Village was working with a team of professionals who had experience in establishing TIFs and
the Village's goal was to address properties at and surrounding the Prairie View Shopping Center
in a way that would not hurt School District 67. Mayor Staackmann noted in the past the Village
had created TIFs in ways that were beneficial to the local schools. The Village was committed to
working with District 67 since viable and healthy schools and park districts are crucial to the
Village. Mayor Staackmann stated the Village had entered into an agreement with District 67
with respect to a TIF that was created in 1995. This agreement brought over $3 million to
District 67 in addition to the District's normal levy. Mayor Staackmann stated in looking at any
kind of agreement with a school district it was important the Village consider the best interest of
the entire community including the school district. Mayor Staackmann then noted the Public
Hearing was now open.
Administrator Horne introduced himself and explained the format for the evening's meeting. He
noted the format would be similar to a public meeting that was held in February where all
interested persons would provide questions and comments. The Village would take these
comments down and provide answers at an appropriate time.
He then introduced Steve Friedman who presented a PowerPoint presentation. Mr. Friedman
noted in the proposed redevelopment project area there were major commercial uses such as the
Richard T. Flickinger Municipal Center
6101 Capulina Avenue • Morton Grove, Illinois 60053 -2985 .
Tel: (847) 965 -4100 Fax: (847) 965 -4162
Prairie View Plaza, Castle Honda dealership, the vacant Produce World facility, Public Storage,
and the ICF Credit Corporation building. Mr. Friedman noted TIFs created a financing
mechanism to fund extraordinary development and public improvement costs. The goal of a TIP
is to improve the commercial tax base over time and lessen the property tax burden on residents.
He noted most taxing bodies during a TIF will continue to raise their levy as limited by tax
caps /property tax extension limitation laws. Mr. Friedman then noted since 2008 there had been
a market decline in assessed valuation and equalized assessed valuation. He compared these
changes from properties within the proposed redevelopment project area and the balance of the
Village. He noted in 2007 the project area's equalized assessed value increased by 6.5%
whereas the remaining parcels in the Village increased by 20.6 %, Similarly in 2008, the EAV in
the RPA increased by 4.68% while the rest of the Village grew by 9.10 %. In 2009, the EAV in
the RPA decreased by 13.68% compared to a small decrease of approximately 2% throughout
the rest of the Village.
Mr. Friedman then reviewed the statutory requirements and eligibility factors. He noted in order
to create a TIF, the legal requirement is it must meet five of thirteen factors for blight. Ile noted
the proposed redevelopment project area had met 8 of these eligibility factors. Some of the
factors included:
• a lack of growth in EAV,
• obsolescence of parcels,
• deterioration of parcels,
• structures below current code standards,
• excessive vacancies,
• inadequate utilities, and
• a lack of planning.
Mr. Friedman then stated the primary goal of this proposed TIF would be to facilitate
improvements that would stimulate commercial redevelopment within the area. Objectives of
the TIF included:
• the replacement, repair, and constructional improvement of public utilities,
• the encouragement of rehabilitation or new construction of current commercial spaces, to
facilitate the assembly, preparation and marketing of available sites within the study area,
• to provide resources for improvement and renovation to existing property, and
• to provide resources for streetscaping, landscaping, and signage.
He then reviewed the redevelopment property boundaries.
Mr. Friedman then presented a proposed budget which estimated project costs at $28 million.
He Olen presented a timeline for the remainder of the steps necessary to establish the TIF. This
included an additional meeting of the ,Joint Review Board to take place on May 3, introduction of
ordinances to designate the TIP District to be introduced on May 14, and approved, on June 11,
2012.
Mayor Staaekmann then invited public comment.
Michael Kalodemos of 6850 Beckwith Road questioned the timing of the public hearing and
stated it had been hastily called and conflicted with a meeting being held by State Representative
Biss. Mr. Kalodemos was against this TIF and stated the only benefit of the previous TIF is the
Village got additional light poles and benches for Waukegan Road while the school district lost
10% of its revenue. Mr. Kalodemos stated while the Waukegan Road TIF eliminated certain
motels, in its place, the Village nearly had a karaoke bar in the same area.
Mr. Sherwin Durbin of Foster Avenue stated his concern was there was no guarantee this TIT
would succeed in attracting new businesses. He questioned whether it was worth taking the risk
without such a guarantee.
Mr. Rob Leskover stated he was the vice president of the Room Place which is a retail store
located in the Prairie View Shopping Center. He had some experiences with TIFs with mixed
results. He wanted to know whether there was anything being done to entice current tenants in
Prairie View to stay.
There being no further public comment, Trustee Toth moved to adjourn the Public Hearing. The
motion was seconded by Trustee Thill and approved unanimously pursuant to a voice vote.
Village Administrator Ryan Home and Special Counsel Bruce Huvard then stated notices of this
Public Hearing were sent out approximately 45 days earlier and had been published in the local
papers. Mayor Staackmann stated the Village had no knowledge or ability to control when
Representative Biss holds meetings. He also noted no ordinances were pending to authorize the
issuance of bonds.
Mr. Home stated all questions and comments raised at the Public Hearing would be addressed
specifically to those individuals who asked questions, and the Village would provide additional
information responsive to these concerns to the general public.
There being no further questions, Trustee Thill moved to adjourn the special meeting. The
motion was seconded by Trustee Toth and approved unanimously pursuant to a voice vote at
7:38 pm.
Minutes by: Teresa Hoffman Liston, Corporation Counsel
Special meeting minutes.04 -30 -12
V 'llage
To: Village President and Board of Trustees
From: Ron Farkas, Chairperson, Plan Commission /Zoning Board offAppeais
Date: May 3, 2012
(Project Re: Plan Commission Case PC11-13; Request for Text Amendments to Chapter 16
Approval Pa of
Unified Development Code .. .. r r ! I procedural
controls and zoning variations
Commission [deport
Public Notice was provided for the public hearing for this request in accordance with applicable
requirements. A public notice was published on November 3, 2011. As this request is for a text
amendment, not a request for a specific site, no public notice signs or notification letters were required.
This case was originally reviewed at a public hearing on November 21, 2011, which was conducted by the
Morton Grove Plan Commission after public notice was duly provided, as noted above, for Plan Commission
case PC11 -13. PC11 -13 consists of a request by the Village of Morton Grove for text amendments to
Sections 12 -1 -7 and 12 -16 -3 of the Unified Development Code (UDC) to allow modifications to the
language for "Authorized Variations ".
The case then proceeded to the Village Board for final action in December, 2011; however, the Plan
Commission Chair requested that the case be returned to the Plan Commission for further review and
consideration. Subsequently, the case was reviewed by the Commission at public hearings from January
through April, concluding with a Plan Commission recommendation for approval at the public hearing on
April 16, 2012.
Director of Community Development and Village Planner John D. Said introduced the case on behalf of the
Village, and provided additional testimony throughout the Commission's review process. He reviewed
details of the request, including the proposed text amendment language, at the public hearings.
Mr. Said explained that the language in the UDC, as currently written, allows variations only for specific
types of requests. For instance, the language currently limits review of fence variations to consideration of
height. These restrictions limit the administrative review capabilities of the Zoning Board of Appeals to a
finite number of situations as enumerated in the 15 subsections from a. through o.
Mr. Said further explained some proposed changes eliminate repetition in the Code, while others would
allow the Zoning Board to hear variation requests for a wider variety of situations, and provide more
flexibility for administration. However, Mr. Said emphasized the Zoning Board would continue to have the
Standards for Variations as a tool to evaluate all variation requests.
Richard T. Flickinger Municipal Center
6101 Capulina Avenue • Morton Grove, Illinois 60053 -3485
Tel: (847) 065 -4100 Fax: (847) 965 -4162
'..
ALI
µ,
mo i :;
According to Mr. Said, results of research of zoning regulations in other communities were inconclusive.
Some communities provide some limits to zoning variations which may be considered while others allow
Zoning Board consideration of all proposed variations to zoning requirements.
Upon further review of this request by the Commission after the initial hearing on 11/21/11, more
refinements were made to the proposed language. The Commission wanted to ensure that the Zonino
Board's powers were limited to the zoning aspects of the Unified Development Code, and did not extend to
other non- zoning areas in the UDC. Further, the Plan Commission directed that the 15 subsections of
allowed variations be deleted from the UDC language. As the Zoning Board will be given more authority,
the Commission asserts that it is unnecessary to retain this language, even as examples of possibie
variations. Other minor changes were also prepared, as reflected in the attached language.
In addition to the changes to variation procedures, the Commission approved proposed changes to
Chapter 1 of the UDC, to approve a new Section 12 -1 -7: Exceptions. This section provides a mechanism
for the Village to consider administrative exceptions to the non - zoning, technical sections of the Unified
Development Code. Language has been included to avoid conflicts with the Zoning Boards powers and
duties, and other sections of the UDC. Prior to this, no such exception process was available, and it was
Staffs recommendation, with the Commission concurrence, that such language is appropriate to include in
the Code.
During discussion with the Commission, Mr. Said noted other possible changes to the Project Approval
Process language may be brought to the Commission for future review. However, it was concluded such
changes can be done as part of a new application, which can be filed in the future after additional
research is completed.
Findings of Fact - Text Amendment
Mr. Said provided testimony to the applicable standards for amendments in Sec. 12 -16 -4 -E of the UDC.
The proposed text amendments will benefit the Village as a whole and does not confer special rights upon
the applicant (the Village), as only the review process changes based on this request. Further, the Village
does not have a particular hardship that this amendment will address; this is rather intended to darify
review procedures and requirements.
Text Amendment Language
The Plan Commission recommends approval of the following (new language is boid and itaiicized, while
language to be omitted is
2-1-7. 'CEf'dib T11 z : : The tillage Administrator with the concurrence of the 11
Building Commissioner may grant a variance, waiver or modification to the technical
requirements of this Title when;
k, fn the opinion of the Building Commissioner there are special circumstances
unique to the property or the development that would create practical difficulties if
the technical requirement of this title were imposed;
B, There is no prohibition for the variance, waiver or modification elsewhere in
this Code;
C, No other person or Commission has the authority within this Title to grant sueh
variance, waiver or modification; and
D. The granting of the variance, waiver or modification will not adversely impact
surrounding properties, and does not violate the intent or spirit of this Title.
1)
This authority shah not be construed to apply to the provisions of Chapter 4 of this title with
respect to the use of any property within a zoning district,
12 -16 -3: PROCEDURE FOR ZONING BOARD OF APPEALS:
A. Variations: it is the intent of this section to provide for exceptions to the application of this title in
order to achieve parity among properties similarly located and classified. specifically, it is to be
used to overcome _ conditionswhich poses practical difficulty or
unnecessary hardship in such a way as to prevent an owner from using his property as intended
by this title.
1. Authorized Variations: The zoning board of appeals shall publicly hear and have the authority
to vary mftwiI the zoning regulations set forth in Chapters 2, 3, and 4, in this title
except as otherwise indicated in this title, and
except for those regulations regarding permitted, special and prohibited uses in all
districts
Commission Recommendation.
It was moved, and seconded, to recommend approval of the Text Amendments as requested.
The motion carried: Yes 6; No 0; Absent 0
The voting:
Chairman "arkas Aye
Commissioner Bionz Aye
Commissioner Dorgan Aye
Commissioner Gabriel Aye
Commissioner Roepenack Aye
Commissioner Shimanski Aye
Commissioner Witko Aye
- --
Commission Recommendation.
It was moved, and seconded, to recommend approval of the Text Amendments as requested.
The motion carried: Yes 6; No 0; Absent 0
The voting:
Chairman "arkas Aye
Commissioner Bionz Aye
Commissioner Dorgan Aye
Commissioner Gabriel Aye
Commissioner Roepenack Aye
Commissioner Shimanski Aye
Commissioner Witko Aye
s
1 .
RESIDENTIAL # FOR ELECTRIC RATES
Public Hearings will be held on April 23, 2012 and May 14, 2012 at 7:00 pm in the
Council Chambers of the Richard T. Flickinger Municipal Center, 6101 Capulina Avenue,
Morton Grove, Illinois 60053. A referendum was passed on March 20, 2012, authorizing
the Village to negotiate for electric rates,. The purpose of these hearings are to obtain input
on the Electric Residential Aggregation Plan for residents and .small businesses of the
Village. A copy of the proposed plan is available for review in the offices of the Village
Administrator during regular business hours, 8:30 am to 5:00 pm, Monday through Friday.
Written and oral comments will be accepted.
Tony S. KaIogerakos
Village Clerk
Richard T. Flickinger Municipal Center
6101 Capulina Avenue e Morton Grove, Illinois 60053 -2985 elk
Tel: (847) 965 -4100 Fax: (847) 965 -4162
aocydcd E�arel
VALge of Morton Grove
WHEREAS, after President John F. Kennedy signed a bill into law on October 1, 1962, each year
the President issues a proclamation to designate May 15 as National Peace Officers Memorial Day and the
calendar week during which it occurs as National Police Week; and
WHEREAS, the National Low Enforcement Officers Memorial is the nation's monument to honor
federal, state and local law enforcement officers who have made the ultimate sacrifice for the safety
and protection of our nation and its people; and
WHEREAS, the protective role of law enforcement conveys the strength, courage and valor which
are hallmarks of those who serve and protect, and the members of the Morton Grove Police Department
recognize their duty to serve and play an essential role in safeguarding the rights and freedoms of the
citizens of Morton Grove; by protecting them against violence and /or disorder by protecting the innocent
against deception and the weak against oppression and /or intimidation; and
WHEREAS, the citizens of Morton Grove should observe May 15, 2012, as National Peace
Officers Memorial Day by honoring those courageous peace officers who have lost their lives or have
become disabled in the performance of their duty, and those family members, friends and fellow officers
who grieve for their loss; and
WHEREAS, we direct government officials to display the United States flag at half staff on all
government buildings and to invite state and local governments and the people to observe the day with
appropriate ceremonies and activities.
NOW, THEREFORE, I, Daniel J. Staackmann, do hereby proclaim May 15, 2012, as
in the Village of Morton Grove and
week with appropriate ceremonies
present, who by their faithful and
service to their communities and, i
call upon all patriotic, civil and educational organizations to observe the
in which all persons may join in commemorating police officers, past and
loyal devotion to their responsibilities have rendered a dedicated
i doing so, have established for themselves an enviable and enduring
reputation for preserving the rights and security of all citizens.
In witness hereof, I have hereunto set my hand and caused
to be affixed the seal of the Village of Morton Grove.
Daniel J. Staackmann, Village President
THE REGULAR MEETINGS OF VARIOUS BOARDS, COMMISSIONS,
COMMITTEES AND SUBCOMMITTEES
OF THE VILLAGE OF MORTON GROVE FOR 2012 WILL BE HELD
AT VARIOUS TIMES AND LOCATIONS AS LISTED
To ensure full accessibility and equal participation for all interested citizens, individuals with disabilities
who plan to attend and who require certain accommodations in order to observe and /or participate in this
meeting or who have questions regarding the accessibility of these facilities, are requested to contact Susan
or Marlene (81711470 -5220) promptly to allow the Village to make reasonable accommodations.
Richard T. Flickinger Municipal Center
6101 Capulina Avenue • Morton Grove, Illinois 60053 -2985
Tel: (847) 965 -4100 Fax: (847) 965 -4162
Recycled Pane:
Time
Dates
Location
_
Advisory Commission on Agiin—
1 1:00
to
2 "d Tuesda every month
Civic Center
_
Appearance Review Commission
1 7'00
pin
I "' Monday of every month
Council Chambers
Board of Environmental Health
Cable
700
m
1' Tuesday of ever month
Trustees Conference
Room
and Telecommunications
7:30
pm
Twice yearly (date varies)
Council Chambers
Commission
Community Relations Commission
7:30
pm
2 "d Tuesday ( every other month)
Trustees Conference
Room
Economic Development Commission
5:30
oni
3r Mon4day of every month
. Trustees Conference
Room
Fair Housing Commission
Varies
Varies
Varies
Finance Advisoiy Commission
7:00
m
4 "' Wednesday of every month
Trustees Conference
Room
Fire and Police Commission
7:00
m
4 °i Tuesday every month
Fire Station #4
Fire Pension Board
2:00
m
3'ti Tuesda (Quarterly
Fire Station #4
Natural Resource Commission
6:00
m
3rd Monda eve month
Trustees Conference
Room
Plan Commission
7:30
in
rd Monda eve month
Council Chambers
Police Pension Board __
5:00
m 1
Quarterly - varies
Police Station
Traffic Safety Commission _
7;00
m
I� Till eve month
Council Chambers
Zonin Board of Appeals
7'30
ipu -
3rd Monday every month
1
Council Chambers
To ensure full accessibility and equal participation for all interested citizens, individuals with disabilities
who plan to attend and who require certain accommodations in order to observe and /or participate in this
meeting or who have questions regarding the accessibility of these facilities, are requested to contact Susan
or Marlene (81711470 -5220) promptly to allow the Village to make reasonable accommodations.
Richard T. Flickinger Municipal Center
6101 Capulina Avenue • Morton Grove, Illinois 60053 -2985
Tel: (847) 965 -4100 Fax: (847) 965 -4162
Recycled Pane:
THE VILLAGE BOARD OF TRUSTEES OF THE
VILLAGE OF MORTON GROVE
HAVE CANCELLED THEIR REGULAR MEETING
SCHEDULED AT
AT 7:00 PM
ON MONDAY, MAY 28, 2012
AT THE
RICHARD T. FLICKINGER MUNICIPAL CENTER
IN THE TRUSTEES' CONFERENCE ROOM
6101 CAPULINA AVENUE
MORTON GROVE, ILLINOIS
THE NEXT REGULARLY SCHEDULED MEETING
WILL BE HELD ON JUNE 1 I, 2012
Richard T. Flickinger Municipal Center
6101 Capuiina Avenue • Morton Grove, Illinois 60053 -2985
Tel: (847) 965 -4100 Fax: (847) 965 -4162
Roc vred u.ner
Legislative Summary
I Ordinance 12 -15
ADOPTING AND APPROVING A TAX INCREMENT REDEVELOPMENT PLAN AND PROJECT
AREA IN THE VILLAGE OF MORTON GROVE, ILLINOIS
Introduced:
May 14, 2012
Synopsis:
This ordinance will authorize the Village to adopt and approve a Dempster /Waukegan Tax Increment
Redevelopment Plan and Project Area
Purpose:
i 'Fo reverse declining property values and EA V in the Prairie View Shopping Center and adjacent areas, and
encourage private investment to enhance the District, and real estate and sales tax bases, and to attract
retailers to satisfy the consumer requirements of residents and shoppers in the area.
Background:
Over the past several years, the Prairie View Shopping Center has experienced declining property values,
and vacancies. This decline has had an adverse effect on surrounding properties. In 201 1, the owners of
I the shopping center approached the Village proposing a plan to do major renovations to the center, but
informed the Village they will not be able to do so without Village assistance due to the high cost, the
uncertain economic climate and increased VI WRD and related requirements. The Village then retained
S.B. Friedman and Company to conduct an eligibility analysis of this area. Based on their report dated
February 29, 2012, S.B. Friedman and Company determined eligibility Factors required for the creation of a
Tax Increment Financing District were present for blight in the area. The Village then convened a Joint
Review Board consisting of representatives of local taxing districts. The Joint Review Board reviewed and
recommended the approval of Tax Increment Financing for the area designated as the Dempster/
Waukegan Redevelopment Project Area. In order to create a TIF District it is necessary the Corporate
Authorities to make certain findings required by the statute. These findings include the area be more than
'/z acres in size and conditions of blighting exist. In order to comply with the Tax Increment Allocation
Redevelopment Act (TIF Act), the Village, after proper notice, held a Public Hearing on April 30, 2011 It
also conducted a Joint Review Board meeting which concluded on May 3, 2012. In addition to these
meetings, the Village held approximately eleven other public meetings where the creation of the tax
increment financing district was discussed. This ordinance will incorporate findings of the Corporate
Authorities which concur with the report dated February 29, 2012, by S.B. Friedman and Company. The
Corporate Authorities believe the proposed area on the whole has not been subject to growth and
development through private investment and private investment and growth will not occur without the
approval of the plan and project and the designation of the area as a Tax Increment Redevelopment Area.
Upon approval of this ordinance, a certified copy of the ordinance will be filed with the County Clerk of
Cook County.
Programs, Departs
Administration and Legal Departments
or Groups Affected
Fiscal impact:
N/A
Source of Funds:
N/A
Workload Impact:
The Village Administrator and Corporation Counsel will oversee implementation of the plan.
Admin Recommend:
Approval as presented
Second Reading:
June 11, 2012
Special Consider or None
Requirements: I
Respectfully Submitted:
Ryan J. Horne, Village Administrator
Prepared by:
Teresa Hoffman Liston, Corporation Counsel
ADOPTING AND APPROVING A
TAX INCREMENT REDEVELOPMENT PLAN AND PROJECT
AREA IN THE VILLAGE OF MORTON GROVE, ILLINOIS
WHEREAS, the President and Board of Trustees ( "Corporate Authorities") of the
Village of
Morton Grove, Cook
County, Illinois (the "Village ") have heretofore determined that
the stable
economic and physical
development of the Village is endangered by the
presence ol' blighting
factors,
with a resulting decline
of the Village which impairs the value of private
investments and threatens
the
sound growth and the
tax base of the Village and the taxing districts
having the power
to tax real
property in the Village
(the "Taxing Districts ") and threatens the health,
safety, morals and
welfare of
the public; and
WHEREAS, the Corporate Authorities have heretofore determined that in order to promote
and protect the health, safety, morals and welfare of the public that blighting conditions in the Village
need to be eradicated and conservation measures instituted, and that the redevelopment of the proposed
Dempster /Waukegan Redevelopment Project Area in a portion of Village (the "Area') should be
undertaken, and that to remove and alleviate adverse conditions in the Area it is necessary to
encourage private investment and restore and enhance the tax base of the Village and the Taxing
Districts by such redevelopment; and
WHEREAS, the Village has heretofore evaluated various lawfully available programs to
provide such assistance and has determined that the use of tax increment allocation financing pursuant
to the Tax Increment Allocation Redevelopment Act, as amended, constituting Division 74.4 of Article
11 of the Illinois Municipal Code (the "Act') is necessary to achieve the redevelopment goals of the
Village for the Area; and
WHEREAS, the Village has heretofore caused to be conducted an eligibility analysis as part of
"Dempster /Waukegan Tax Increment Financing District Eligibility Study, Redevelopment Plan and
Project", dated February 29, 2012 (the "Plan" and "Project "), prepared by S.B. Friedman &
Company, a planning and development advisory firm recognized for expertise in tax increment
allocation and redevelopment financing in the State of Illinois; and; and
WHEREAS, the eligibility analysis in the Plan and Project concludes that the proposed Area
qualifies as a redevelopment project area pursuant to the Act; and
WHEREAS, the proposed Plan and Project do not include the development of vacant land (i)
with a golf course and related clubhouse and other facilities or (ii) designated by a federal, state,
county or municipal government as public land for outdoor camping and hunting activities or for
nature preserves and used for that purpose within five (5) years prior to the adoption of this Ordinance;
and
WHEREAS, the implementation of the Plan and Project will not result in displacement of
residents from inhabited units; and
WHEREAS, the Plan and Project sets forth in writing the program to be undertaken to
accomplish the objectives of the Village and includes estimated redevelopment project costs proposed
for the Area, evidence indicating that the proposed Area on whole has not been subject to growth and
development through investment by private enterprise, an assessment of the financial impact of the
proposed Area on any increased demand for services from any taxing district affected by the Plan and
Project and any program to address such financial impact or increased demand, the sources of funds to
pay costs, the nature and term of the obligations to be issued, the most recent equalized assessed
valuation of the proposed Area, an estimate as to the equalized assessed valuation after redevelopment
and the general land uses to apply in the proposed Area, a commitment to fair employment practices
and an affirmative action plan, and the Plan and Project accordingly comply in all respects with the
requirements of the Act; and
WHEREAS, pursuant to section 11-74.4-4.2 of the Act, the Village is required to establish an
interested parties registry for activities related to a redevelopment project area, and, pursuant to an
ordinance adopted on November 11, 2002, the Corporate Authorities approved rules to implement the
registration process for such registries; and
WHEREAS, pursuant to section 11- 74.4 -5(a) of the Act, prior to the adoption of ordinances
proposing the designation of a redevelopment project area or approving a redevelopment plan, the
Village caused the following actions to be taken: on February 29, 2012, the proposed Plan and Project
were placed on file with the Village Clerk; on March 1, 2012, notice was published in the Morton
Grove Champion indicating that interested persons may register with the Village in order to receive
information on the proposed designation of the Area and approval of the Plan and Project; on March
15, 2012, copies of the proposed Plan and Project were sent by certified mail to the Taxing Districts;
on or about March 16, 2012, the Village mailed notice of the availability of the Plan and Project and
how to obtain information relating to the plan (i) to all residential addresses that, after a good faith
effort, the village determined are located outside the boundaries of the proposed Area which are within
750 feet of the boundaries of the proposed Area and (ii) to all organizations and residents that had
registered with the Village in the interested parties registry; and
WHEREAS, pursuant to section 11- 74.4 -5(b) of the Act, the Village convened a joint review
board ( "Joint Review Board') to consider the proposal to designate the proposed Area under the Act,
and such Joint Review Board met at the times and as required by the Act and has reviewed the public
record, planning documents and forms of ordinances to adopt and approve the Redevelopment Plan
and designate the Area as a redevelopment project area under the Act;
WHEREAS, the Joint Review Board adopted by majority vote a recommendation to approve
the Plan and Project and designate the Area as a redevelopment project area under the Act, having
reached its decision on the basis of the Area and Project satisfying the Plan requirements, the eligibility
criteria defined in section 11- 74.4 -3(b) of the Act and the objectives of the Act; and
WHEREAS, pursuant to section 11- 74.4 -5(a) of the Act, the Village Board by ordinance called
a public hearing (the "Hearing ") relative to the approval of the Plan and Project, the designation of the
proposed Area and the adoption of tax increment allocation financing, and fixed the time and place for
such Hearing on April 30, 2012, at 7:00 p.m. in the Flickinger Municipal Center, located at 6101
Capulina Avenue, Morton Grove, IL 60053; and
WHEREAS, pursuant to section 11- 74.4 -6(a) of the Act, due notice with respect to such
Hearing was given by certified mail to taxpayers within the proposed. Area on April 9, 2012, and by
publication in the Morton Grove Champion on April 9, 2012 and April 16, 2012; and
2
WHEREAS, pursuant to section 11- 74.4 -6(b) of the Act, due notice with respect to such
Hearing was given by certified mail on March 15, 2012, and such notice, together with a copy of the
Redevelopment Project and Plan, and the name of a person to contact for information, was given to the
Taxing Districts and to the Department of Commerce and Economic Opportunity and included an
invitation to the Taxing Districts and DCOE to submit comments to the Village concerning the subject
matter of the Hearing; and
WHEREAS, the Village held the Hearing at the time and place fixed in the ordinance calling
for same, and at the Hearing, any interested persons and the Taxing Districts were permitted to Bite
with the Village Clerk written objections and was heard orally in respect to any issues embodied in the
notice of said Hearing, and the Village heard and determined all protests and objections at the Hearing;
and
WHEREAS, the Hearing was adjourned on April 30, 2012; and
WHEREAS, the eligibility analysis included in the Plan and Project demonstrates that the area
suffers from the following factors which are present to a major extent and reasonably distributed
throughout the Area: obsolescence of buildings, deterioration; presence of structures below minimum
code standards; excessive vacancies; inadequate utilities; lack of community planning and lack of
growth in equalized assessed value; and
WHEREAS, the Corporate Authorities have reviewed the eligibility analysis contained in the
Plan and Project, testimony from the public hearing, the recommendation of the Joint Review Board,
and such other matters or studies as the Corporate Authorities have deemed necessary or appropriate to
make the findings set forth herein and are generally informed of the presence of the conditions existing
in the proposed Area and have reviewed the conditions pertaining to real property in the proposed Area
to determine whether the proposed Area is contiguous and that there exist conditions that cause the
proposed Area to be classified as a blighted area under the Act; and
WHEREAS, the Corporate Authorities have reviewed the evidence indicating that the
proposed Area on the whole has not been subject to growth and development through investments by
private enterprise and have reviewed the conditions pertaining to the lack of private investment in the
proposed Area to determine whether private development would take place in the proposed Area as a
whole without the approval of the Plan and Project, the designation of a tax increment redevelopment
area and the adoption of tax increment financing; and
WHEREAS, the Corporate Authorities have made an assessment of any financial impact of the
proposed Area on, or any increased demand for services from, the Taxing Districts affected by the
proposed Plan and Project and any program to address such financial impact or increased demand; and
WHEREAS, the Corporate Authorities have reviewed the proposed Plan and Project and also
the existing comprehensive plan of the Village as a whole to determine whether the proposed Plan and
Project conform to such comprehensive plan of the Village; and
WHEREAS, the Corporate Authorities have heretofore, and it hereby expressly is, determined
that the Village has in all respects complied with the requirements of the Act in such actions taken to
date as above recited:
3
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: Incorporation
of
Recitals. The
foregoing recitals to
this Ordinance are
incorporated in this Ordinance as if
set
out in full 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 Ordinance.
SECTION 2: Findings, The Corporate Authorities make the following findings:
(a) The Area is legally described in Exhibit A attached to this Ordinance and incorporated
herein as if set out in full by this reference. The street location (as near as practical) for the proposed
Area is described in Exhibit B to this Ordinance and is incorporated herein as if set out in full by this
reference. The map of the proposed Area is attached to this Ordinance as Exhibit C and is incorporated
herein as if set out in full by this reference.
(b) There exist conditions which cause the proposed Area to be classified as a
redevelopment project area under the Act and to be classified as a "blighted area" for improved parcels
as defined in section 11- 74.4 -3(a) of the Act. Due to the presence of such conditions, the blighted area
is detrimental to the public safety, health, morals and welfare.
(c) The proposed Area as a whole has not been subject to growth and development through
investment by private enterprise and would not reasonably be anticipated to be developed in
accordance with the public goals stated in the Plan without the adoption of the Plan.
(d) The Plan and Project conform to the comprehensive plan for the development of the
Village as a whole.
(e) As set forth in the Plan and Project and in testimony at the Hearing, the estimated date
of completion of the Project is not later than December 31, 2036, and the estimated date of the
retirement of all obligations incurred to finance redevelopment project costs as defined in the Plan and
Project, is not later than December 31, 2036, provided that such obligations may not mature more than
twenty (20) years from their respective dates.
(f) The parcels of real property in the proposed Area are contiguous, the proposed Area is
not less than one and one -half acres, and only those contiguous parcels of real property and
improvements thereon which will be substantially benefitted by the proposed redevelopment project
improvements are included in the proposed Area.
SECTION 3: Approval of Plan and Project. The Plan and Project, which were the subject
matter of the Hearing held on April 30, 2012, are hereby adopted and approved. A copy of the Plan and
Project is set forth in Exhibit D attached hereto and incorporated herein as if set out in full by this
reference.
SECTION 4: Filing With County Clerk. The Village Clerk is hereby directed to file a
certified copy of this Ordinance with the County Clerk of Cook County, Illinois.
SECTION 5: Invalidity of Any Section. If any section, paragraph or provision of this
Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability
4
of such section, paragraph or provision shall not affect any of the remaining provisions of this
Ordinance.
SECTION 6: Superseder; Effective Date. All ordinances, resolutions, motions or orders in
conflict herewith be, and the same hereby are, repealed to the extent of such conflict, and this
Ordinance shall be in full force and effect immediately from and after its passage and approval.
PASSED THIS 11 °i day of June 2012
Trustee
DiMaria
Trustee
Gomberg
Trustee
Grear
Trustee
Marcus
Trustee
Thill
Trustee
Toth
APPROVED BY ME THIS 11`h day of June 2012
ATTESTED and FILED in my office
This 10' day of June 2012.
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
5
PxhibitA to Ordinance 12 -15
Boundary Legal Description of Project Area
THAT PART OF THE SOUTH HALF OF SECTION 18 AND THAT PART OF THE NORTH HALF OF
SECTION 19 IN TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN
COOK COUNTY, ILLINOIS, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST
CORNER OF LOT 1 IN DEMPSTER - WAUKEGAN ROAD SUBDIVISION, BEING A SUBDIVISION IN
SAID SOUTH HALF OF SECTION 18, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER
15, 1925 AS DOCUMENT NO. 9066534; THENCE NORTHERLY ALONG THE EAST LINE OF SAID
DEMPSTER - WAUKEGAN ROAD SUBDIVISION TO THE NORTHEAST CORNER OF LOT 5 IN
LOCHNER'S RESUBDIVISION, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18,
ACCORDING TO THE PLAT THEREOF RECORDED JULY M 1997 AS DOCUMENT NO. 97497619;
THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 5 AND ITS WESTERLY EXTENSION
THEREOF TO A POINT OF INTERSECTION WITH THE WEST RIGHT -OF -WAY LINE OF NORMANDY
AVENUE; THENCE SOUTHERLY ALONG SAID WEST RIGHT -OF -WAY LINE TO A POINT ON THE
SOUTH LINE OF THE NORTH 10 FEET OF LOT 18 IN SAID DEMPSTER- WAUKEGAN ROAD
SUBDIVISION; THENCE WESTERLY ALONG SAID SOUTH LINE TO A POINT ON THE WEST LINE
OF SAID LOT 18; THENCE SOUTHERLY ALONG SAID WEST LINE TO THE SOUTHEAST CORNER
OF LOT 28 IN SAID DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE WESTERLY ALONG
THE SOUTH LINE OF SAID LOT 28 TO THE SOUTHWEST CORNER OF SAID LOT 28; THENCE
WESTERLY TO THE SOUTHEAST CORNER OF LOT 59 IN SAID DEMPSTER- WAUKEGAN ROAD
SUBDIVISION; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 59 TO THE
SOUTHWEST CORNER OF SAID LOT 59; THENCE NORTHERLY ALONG THE WEST LINE OF SAID
LOT 59 AND ALONG THE WEST LINE OF LOTS 58 THRU 44 INCLUSIVE IN SAID
DEMPSTER- WAUKEGAN ROAD SUBDIVISION TO THE NORTHWEST CORNER OF SAID LOT 44;
THENCE NORTHERLY ALONG A LINE TO THE SOUTHEAST CORNER OF LOT 16 IN STEELE'S
MORTON GROVE HIGHLANDS, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18,
ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6, 1924 AS DOCUMENT NO. 8540426;
THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 16 AND ALONG THE EAST
RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING THE EAST LINE OF SAID STEELE'S
MORTON GROVE HIGHLANDS TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT -OF -WAY
LINE OF HAZEL STREET; THENCE NORTHERLY ALONG A LINE TO A POINT OF INTERSECTION
WITH THE NORTH RIGHT -OF -WAY LINE OF SAID HAZEL STREET AND SAID EAST
RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING THE EAST LINE OF SAID STEELE'S
MORTON GROVE HIGHLANDS; THENCE NORTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE
TO THE NORTHEAST CORNER OF SAID STEELE'S MORTON GROVE HIGHLANDS; THENCE
WESTERLY ALONG THE NORTH LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS TO THE
EAST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING THE WEST LINE OF SAID
STEELE'S MORTON GROVE HIGHLANDS; THENCE SOUTHERLY ALONG SAID EAST
RIGHT -OF -WAY LINE TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF SAID HAZEL STREET;
THENCE SOUTHERLY ALONG A LINE TO A POINT OF INTERSECTION WITH THE SOUTH
RIGHT -OF -WAY LINE OF SAID HAZEL, STREET AND SAID EAST RIGHT -OF -WAY LINE OF THE
PUBLIC ALLEY ADJOINING THE WEST LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS;
THENCE SOUTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION
WITH THE NORTH RIGHT -OF -WAY LINE CHURCHHILL STREET; THENCE WESTERLY ALONG
SAID NORTH RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY
EXTENTION OF THE WEST RIGHT OF WAY LINE OF NEW ENGLAND AVENUE; THENCE
SOUTHERLY ALONG SAID NORTHERLY EXTENTION AND WEST RIGHT -OF -WAY LINE TO THE
d
NORTHEAST CORNER OF LOT 127 IN SAID DEMPSTER - WAUKEGAN ROAD SUBDIVISION;
THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 127 TO THE NORTHWEST CORNER
OF SAID LOT 127; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 127 TO A POINT
OF INTERSECTION WITH THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 170 IN SAID
DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE WESTERLY ALONG SAID EASTERLY
EXTENSION AND NORTH LINE TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF WAUKEGAN
ROAD; THENCE SOUTHERLY ALONG SAID EAST RIGHT -OFWAY LINE TO A POINT ON THE
SOULII LINE OF LOT' 156 IN DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE EASTERLY
ALONG THE SOUTH LINE OF LOT 156 AND IT'S EASTERLY EXTENSION THEREOF TO A POINT"
ON THE EAST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING SAID LOT 156; THENCE
SOUTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE
EASTERLY EXTENSION OF THE NORTH LINE OF LOT 151 IN SAID DEMPSTER- WAUKEGAN ROAD
SUBDIVISION; THENCE WESTERLY ALONG SAID EASTERLY EXTENSION AND NORTH LINE TO
A POINT ON SAID EAST RIGHT -OF -WAY LINE OF WAUKEGAN ROAD; THENCE SOUTHERLY
ALONG SAID EAST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE EASTERLY
EXTENSION OF THE SOUTH LINE OF LOT 24 IN FOREST VIEW SUBDIVISION, BEING A
SUBDIVISION IN SAID SOUTH HALF OF SECTION 18, ACCORDING TO THE PLAT THEREOF
RECORDED MARCH 23, 1925 AS DOCUMENT NO. 8824972; THENCE WESTERLY ALONG SAID
EASTERLY EXTENSION, SOUTH LINE AND WESTERLY EXTENSION THEREOF TO A POINT OF
INTERSECTION WITH THE WEST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING SAID
LOT 24; THENCE NORTHERLY ALONG SAID WEST RIGHT -OF -WAY LINE TO THE NORTHEAST
CORNER OF LOT 114 IN SAID FOREST VIEW SUBDIVISION; THENCE WESTERLY ALONG THE
NORTH LINE OF SAID LOT 114 AND IT'S WESTERLY EXTENSION THEREOF TO A POINT ON THE
WEST RIGHT -OF -WAY LINE OF SAYRE AVENUE; THENCE SOUTHERLY ALONG SAID WEST
RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE WESTERLY EXTENSION OF THE
SOUTH LINE OF SAID LOT 114; THENCE EASTERLY ALONG SAID WESTERLY EXTENSION AND
SOUTH LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY EXTENSION OF THE WEST
LINE OF LOT 26 IN SAID FOREST VIEW SUBDIVISION; THENCE SOUTHERLY ALONG SAID
NORTHERLY EXTENSION AND WEST LINE TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF
DEMPSTER STREET; THENCE WESTERLY ALONG SAID NORTH RIGHT -OF -WAY LINE TO A POINT
OF INTERSECTION WITH THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 5 IN FINK
AND OTHERS SUBDIVISION, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18 AND
NORTH HALF OF SECTION 19 ACCORDING TO THE PLAT THEREOF RECORDED APRIL 12, 1893 AS
DOCUMENT NO. 1847465; THENCE SOUTHERLY ALONG SAID NORTHERLY EXTENSION AND
WEST LINE TO THE SOUTHWEST CORNER OF SAID LOT 5; THENCE EASTERLY ALONG THE
SOUTH LINE OF SAID LOT 5 TO THE NORTHWEST CORNER OF LOT 460 IN THE FIRST ADDITION
TO DEMPSTER- WAUKEGAN ROAD SUBDIVISION, BEING A SUBDIVISION IN SAID NORTH HALF
OF SECTION 19, ACCORDING TO THE PLAT THEREOF RECORDED MARCH I1, 1927 AS
DOCUMENT NO. 9576777; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 460 AND
THE SOUTHERLY EXTENSION THEREOF TO THE NORTHWEST CORNER OF LOT 430 IN SAID
FIRST ADDITION TO DEMPSTER- WAUKEGAN ROAD SUBDIVISION; THENCE SOUTHERLY
ALONG THE WEST LINE OF SAID LOT 430 AND THE SOUTHERLY EXTENSION THEREOF TO THE
NORTHWEST CORNER OF LOT 401 IN SAID FIRST ADDITION TO DEMPSTER- WAUKEGAN ROAD
SUBDIVISION; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 401 TO A POINT ON A
LINE MEASURED PERPENDICULAR TO THE WEST RIGHT -OF -WAY LINE OF WAUKEGAN ROAD
AT A POINT 355.29 FEET (AS MEASURED ALONG SAID WEST RIGHT -OF WAY LINE) SOUTH OF
THE NORTHEAST CORNER OF LOT 206 IN SAID FIRST ADDITION TO DEMPSTER- WAUKEGAN
ROAD SUBDIVISION; THENCE EASTERLY ALONG SAID PERPENDICULAR LINE TO A POINT ON
THE WEST RIGHT -OF -WAY LINE OF WAUKEGAN ROAD; THENCE SOUTHERLY ALONG SAID
WEST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE WESTERLY EXTENSION
OF THE SOUTH LINE OF THE NORTH 330 FEET OF LOT 2 IN WHITE'S SUBDIVISION, BEING A
SUBDIVISION IN SAID NORTH HALF OF SECTION 19, ACCORDING TO THE PLAT THEREOF
7
RECORDED JANUARY 6, 1882 AS DOCUMENT NO. 368124; THENCE EASTERLY ALONG SAID
WESTERLY EXTENSION AND SOUTH LINE OF THE NORTH 330 FEET TO A POINT ON THE
CENTER LINE OF THE 16 FOOT PUBLIC ALLEY (NOW VACATED) IN BLOCK 7 IN SCHRADEWS
ADDITION TO MORTON GROVE (NOW VACATED) BEING A SUBDIVISION OF SAID LOT 2 IN
WHITE'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 11, 1892 AS
DOCUMENT NO, 1595582; THENCE NORTHERLY ALONG SAID CENTERLINE TO A POINT ON THE
CENTERLINE OF MAINE STREET (NOW VACATED) AS LAID OUT IN SAID SCHRADEWS
ADDITION TO MORTON GROVE; THENCE EASTERLY ALONG SAID CENTERLINE TO A POINT ON
THE CENTERLINE OF OAK PARK AVENUE (NOW VACATED) AS LAID OUT IN SAID SCHRADER'S
ADDITION TO MORTON GROVE; THENCE NORTHERLY ALONG SAID CENTERLINE TO A POINT
ON THE NORTH LINE OF SAID LOT 2 IN WHITE'S SUBDIVISION; THENCE EASTERLY ALONG
SAID NORTH LINE TO A POINT ON THE EAST LINE OF THE WEST 763 FEET OF THE EAST 26.31
ACRES OF LOT I IN SAID WHITE'S SUBDIVISION; THENCE NORTHERLY ALONG SAID EAST' LINE
TO A POINT ON THE SOUTH LINE OF THE PARCEL OF LAND DESCRIBED BY DOCUMENT NO.
90402807, RECORDED AUGUST 17, 1990; THENCE EASTERLY ALONG SAID SOUTH LINE TO A
POINT ON THE EAST LINE OF SAID PARCEL OF LAND DESCRIBED BY DOCUMENT NO. 90402807;
THENCE NORTHERLY ALONG SAID EAST LINE AND NORTHERLY EXTENSION THEREOF TO A
POINT ON THE NORTH RIGHT -OF -WAY LINE OF DEMPSTER STREET; THENCE WESTERLY
ALONG SAID NORTH RIGHT -OF -WAY LINE TO SAID POINT OF BEGINNING.
f
Exhibit P to Ordinance 121 S
Street Location, for Project Area
'T'he 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 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 Iine of Meadow Lane.
Churchill St
Greenwood St
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>
Davis St
j
I o„
i
Hazel St
a
_ >>
z
Churchill St -
0 G',
9 Y'
> a a
d B
dj
i r on In
cIKiai §xit
I
F
MT
Dempster St
C1 0
Legend
RPA Boundary
Assessment Blocks
EJ Parcels
Note:
denotes assessment
block (first 7 digits of PIN) as
defined by Cook County
Assessor's Office
N
0 600
Feet
February 2012
Dempster /Waukegan Tax Increment Financing District
VILLAGE OF MORTON GROVE, IL
►� , S niedi a
"rs *i", www.sbfriedman.com+
Exhibit D to Ordinance 12 -I5
•t
Project A {
u:
VISION i ECONOMICS; SnATEOYk FINANCE IMPLEMENTATION
Tabie of Contents
SECTION
1. Executive Summary ............... ...............................
2. Introduction ............................... ...............................
3. Eligibility Analysis .........
4. Redevelopment Plan and Project ..........................
S. Financial Pl an .............................. ...............................
6. Required Findings and Tests ........ ...............................
PAGE NUMBER
................ ............................... 1
5
....... 11
......... ............................... 24
32
In
7. Provisions for Amending Action Plan .................................................. ............................... 41
S. Commitment to Fair Employment Practices and Affirmative Action Plan ........................... 42
Appendix 1: Boundary Legal Description ................................................ ............................... 43
Appendix 2: Summary of EAV (by PIN) .................................................... ............................... 46
LIST OF MAPS
Map1: Community Context ............................................................................. ............................... 7
Map2: Boundary Map ..................................................................................... ............................... 8
Map3: Existing Land Use Map ....................................................................... ............................... 10
Maps 4A to 4G: Summary of Improved Eligibility Factors Present to a Major Extent ........... 16 -22
Map 5: Proposed Future Land Use Map ........................................................ ............................... 30
S. B. Friedman & Company
221 North LaSalle Street
Suite 820
Chicago, Illinois 60601 -1317
Phone: (312) 424-4250
info @sbfriedman.com
S8 FRIEDMAN I DEVELOPMENT ADVISORS i www.sbfriedman.com
1. Executive Summary
In June of 2011, S. B. Friedman & Company ( "SB Friedman") was engaged by the Village of Morton Grove
( "the Village ") to begin a preliminary eligibility study, and was subsequently engaged to conduct a Tax
Increment Financing Eligibility Study ( "Eligibility Study') and prepare a Redevelopment Plan and Project
('Redevelopment Plan" or "Plan "). This report details the eligibility factors found within the
Dempster /Waukegan Redevelopment Project Area ( "Dempster /Waukegan RPA" or "RPA ") Tax
Increment Financing District in support of its designation as a "blighted area" within the definitions set
forth in the Illinois Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11- 74.4 -1 et seq., as
amended ( "the Act "). The report also contains the Redevelopment Plan for the Dempster /Waukegan
RPA.
The Dempster /Waukegan RPA consists of 55 tax parcels and 24 buildings. The study area comprises
approximately 134 acres of land, of which approximately 71 acres are dedicated parking lots or rights -of-
way. The majority of the parcels included in the RPA are located along Dempster Street (including Prairie
View Community Center and Park) between the Village boundary to the west and Cook County Forest
Preserve to the east and along Waukegan Road south to the north line of Meadow Lane. The RPA
consists largely of commercial, retail, office, and public uses.
Determination of Eligibility
This report concludes that the Dempster /Waukegan RPA is eligible for Tax Increment Financing (TIF)
designation as a "blighted area" for improved parcels. The following seven eligibility factors were found
to be present to a meaningful extent and reasonably distributed throughout the improved portions of
the RPA: -
1. Obsolescence
2. Deterioration
3. Presence of Structures below Minimum Code Standards
4. Excessive Vacancies
5. Inadequate Utilities
6. Lack of Community Planning
7. Lack of Growth in Equalized Assessed Value
Goal. The overall goal of this TIF Eligibility Study and Redevelopment Plan is to reduce or eliminate
conditions that currently qualify the Dempster /Waukegan RPA as a "blighted area," and to provide the
direction and mechanisms necessary to establish the RPA as a vibrant commercial mixed -use area;
stimulate the redevelopment of vacant, obsolete, ill- configured and underutilized parcels; and provide
new or improved public infrastructure, facilities and utilities. Redevelopment of the RPA will revitalize
the commercial corridor along Dempster Street and Waukegan Road, thus strengthening the economic
base and enhancing the quality of life of the Village, as a whole.
Rehabilitation
and redevelopment of the
RPA is to
be achieved through an
integrated
and
comprehensive
strategy that leverages public
resources to
stimulate additional private
investment.
The
SB FRIEDMANI DEVELOPMENT ADVISORS 1 www.sbfriedman.com
Dempster/Waukegan RPA Executive Summary
underlying
strategy is to use Tax Increment
Financing, as
well as other funding sources, to reinforce and
encourage
new private investment.
Objectives. Six objectives support the overall goal of area -wide revitalization of the
Dempster /Waukegan RPA. These objectives include:
1. Foster the replacement, repair, construction and /or improvement of public infrastructure,
where needed, including public utilities, sidewalks, streets, curbs, gutters, underground water
and sanitary systems, and stormwater detention of adequate capacity to create an environment
conducive to private investment;
2. Facilitate the rehabilitation of existing properties within the Dempster /Waukegan RPA and
encourage the construction of new commercial, civic /cultural and recreational development,
where appropriate;
1 Facilitate the physical improvement and /or renovation of existing building structures and
facades in the Dempster /Waukegan RPA;
4. Facilitate the assembly and preparation, including demolition and environmental clean -up,
where necessary, and marketing of available sites in the RPA for redevelopment and new
development by providing resources as allowed by the Act;
5. Provide resources for streetscaping, landscaping and signage to improve the image,
attractiveness and accessibility of the RPA, create a cohesive identity for the RPA and
surrounding area, and provide, where appropriate, for buffering between different land uses
and screening of unattractive service facilities such as parking lots and loading areas; and
6. Support the goals and objectives of other overlapping plans, including the Village's 1999
Comprehensive Plan Update, and coordinate available federal, state and local resources to
further the goals of this Redevelopment Plan.
Strategies. These objectives will be implemented through four specific and integrated strategies. These
include:
1. Implement Public Improvements. A series of public improvements throughout the
Dempster /Waukegan RPA may be designed and implemented to create a more conducive
environment for new development, prepare sites for anticipated private investment, and help
define and create an identity for the area. Public improvements which are implemented with TIF
assistance are intended to complement and not replace existing funding sources for public
improvements in the RPA.
These improvements may include new streets and sidewalks, streetscaping, improved street and
sidewalk lighting, resurfacing of alleys, sidewalks, streets and other paved surfaces,
improvement of underground infrastructure and physical plants, stormwater detention of
adequate capacity, the creation of parks, bike paths, trails and open space, and other public
improvements and utilities consistent with this Redevelopment Plan. These public
improvements may be completed pursuant to redevelopment agreements with private entities
5B FRIEDMAN I DEVELOPMENT ADVISORS 2 www.sbfriedman.com
Dempster/Waukegan RPA Executive Summary
or intergovernmental agreements with other public entities, and may include the construction,
rehabilitation, renovation or restoration of public improvements on one or more parcels.
2. Assist Existing Businesses and Property Owners. The Village may provide assistance to support
existing businesses and property owners in the RPA. This may include but is not limited to
financial and other assistance for building rehabilitation, facade improvements, leasehold
improvements, and construction of private and public facilities, such as plazas and other
pedestrian amenities that are consistent with the goals of this Redevelopment Plan.
3. Encourage Private Sector Activities. Through the creation and support of public - private
partnerships or through written agreements, the Village may provide financial and other
assistance to encourage the private sector, including new and existing property owners and
businesses, to undertake rehabilitation and redevelopment projects and other improvements
that are consistent with the goals of this Redevelopment Plan,
4. Facilitate Property Assembly, Demolition and Site Preparation. Financial assistance may be
provided to private developers seeking to acquire land and assemble sites for projects
supportive of this Redevelopment Plan. To meet the goals, policies or objectives of this
Redevelopment Plan, the Village may acquire and assemble property throughout the RPA. Land
assemblage by the Village may be done by purchase, exchange, donation, lease or eminent
domain, and may be for the purposes of (a) sale, lease or conveyance to private developers, or
(b) sale, lease, conveyance or dedication for the construction of public improvements or
facilities. Site preparation may include demolition of existing improvements and environmental
remediation, where needed. The Village may require written development agreements with
developers before acquiring any properties. As appropriate, the Village may devote acquired
propertyto temporary uses until such property is scheduled for disposition and development.
The required conditions for the adoption of this Redevelopment Plan and Project are found to be
present within the Dempster /Waukegan RPA:
1. On the whole, the RPA has not been subject to growth and development through investment by
private enterprise or not- for - profit resources. The Equalized Assessed Value (EAV) of the RPA
grew at a slower rate than the balance of the Village during the past four out of five consecutive
year -to -year periods for which data is available (2005 through 2009). The study area also
experienced an absolute decline in EAV for the last two years for which data is available (2009
and 2010).
2. Without the support of public resources, the redevelopment objectives of the RPA will most
likely not be realized. The area -wide improvements and development assistance resources
needed to develop and revitalize the study area as a healthy, commercial mixed -use district are
extensive and costly, and the private market on its own has shown little ability to absorb all of
these costs. Public resources to assist with public infrastructure improvements and project -
specific development costs are needed to leverage private investment and facilitate area -wide
redevelopment. TIF assistance may be used to fund rehabilitation, infrastructure improvements,
and expansion of public facilities. Accordingly, but for the designation of a TIF district, these
SB FRIEDMAN I DEVELOPMENT ADVISORS 3 www.sbfriedman.com
Dempster/Waukegan RPA Executive Summary
projects, which would
contribute substantially
to area- and Village -wide
redevelopment are
unlikely to occur.
proposed
Redevelopment Plan
and
3. The RPA boundary encompasses a rational planning area
including
only the contiguous
real
property that is expected to substantially benefit from the
proposed
Redevelopment Plan
and
Project improvements. Public facilities have been included within
the RPA to allow
for
improvements or expansion to accommodate need
resulting
from development
or
redevelopment of other sites in the RPA,
4. This Redevelopment Plan and Project is consistent with the Village of Morton Grove's 1999
Comprehensive Plan and 1997 Waukegan Road Commercial Corridor Master Plan.
SIB FRIEDMAN I DEVELOPMENT ADVISORS 4 www.sbfriedman.com
This document serves as the Eligibility Study and Redevelopment Plan and Project ( "Plan ") for the
Dempster /Waukegan Redevelopment Project Area ( "RPA "). The Dempster /Waukegan RPA is located
within the Village of Morton Grove ( "the Village ") in Cook County. In June 2011, SB Friedman &
Company ('SB Friedman ") was engaged by the Village to conduct a study of the properties in the RPA to
determine whether said properties exhibited the eligibility factors necessary to qualify for status as a
"conservation area" and /or "blighted area" under the Act.
The Eligibility Study covers events and conditions that exist and were determined to support the
designation of the Dempster /Waukegan RPA as a "blighted area" for improved parcels under the Act at
the completion of our research in September 2011, and not thereafter. These events or conditions
include, without limitation, governmental actions and additional developments.
This Eligibility Study and Plan document summarizes the analysis and findings of the consultant's work,
which, unless otherwise noted, is solely the responsibility of SB Friedman. The Village is entitled to rely
on the findings and conclusions of this Eligibility Study and Plan in designating the Dempster /Waukegan
RPA as a redevelopment project area under the Act. SB Friedman has prepared this Plan with the
understanding that the Village would rely on (1) the findings and conclusions of this Plan and related
Eligibility Study in proceeding with the designation of the Dempster /Waukegan RPA, and the adoption
and implementation of this Plan, and (2) the fact that SS Friedman obtained the necessary information
including, without limitation, information relating to the equalized assessed value of parcels comprising
the Dempster /Waukegan RPA. This ensures that the Plan will comply with the Act, and the
Dempster /Waukegan RPA can be designated as a redevelopment project area in compliance with the
Act.
The location of the Dempster /Waukegan RPA is shown on Map 1 on page 7. The Dempster /Waukegan
RPA consists of approximately 55 tax parcels and 24 buildings. The majority of the parcels included in
the RPA are located along Dempster Street between the Village boundary on the west and Cook County
Forest Preserve to the east, and along Waukegan Road south to the north line of Meadow Lane. Map 2
on page 8 details the boundaries of the Dempster /Waukegan RPA, which includes only those contiguous
parcels of real property that are expected to benefit substantially by the redevelopment improvements
discussed herein.
The RPA boundaries include a declining commercial area that is focused around the
Dempster /Waukegan corridor and the Prairie View Plaza site ("Prairie View "). The 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. These conditions are hindering the potential to redevelop a formerly
vibrant commercial area and capitalize on the unmet consumer demands of the surrounding residential
area.
In order to improve this potentially significant commercial corridor, it is critical that the appearance and
functionality of the Dempster /Waukegan RPA be improved. Without improved access and visibility,
streetscaping, and upgraded public utilities and other infrastructure, including significant stormwater
SB FRIEDMANI DEVELOPMENT ADVISORS 5 www.sbfriedman.com
Dempster/Waukegan RPA Introduction
detention improvements, the RPA could fall into further
disrepair
and potential
development
opportunities will not be realized. The Dempster /Waukegan
RPA will
benefit from a
strategy that
addresses poor infrastructure and building conditions, and improves its overall
physical condition.
55 FRIEDMAN I DEVELOPMENT ADVISORS 6 www.sbfriedman.com
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N
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February 2012
Dempster /Waukegan Tax Increment Financing District
VILLAGE OF MORTON GROVE, IL
SB Friedman
il Development Advieva www.sbfriedman.com
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Assessor's Office
N
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February 2012
Dempster /Waukegan Tax Increment Financing District
VILLAGE OF MORTON GROVE, IL
SB Friedman
il Development Advieva www.sbfriedman.com
Dempster/Waukegan RPA Introduction
Existing Land Use
Based upon sB Friedman's research, four primary land uses have been identified within the
Dempster /Waukegan RPA:
Commercial (Retail, Office and Warehousing)
Public facilities (Park district facilities and ComEd towers)
Vacant Land
Road Right -of -Way
The overall pattern of land use in the Dempster /Waukegan RPA is shown in Map 3 on the following
page.
SB FRIEDMANI DEVELOPMENT ADVISORS 9 www.sbfriedman.com
Map 3: Existing Land Use
Legend
EDRPA Boundary
Existing Land Use
mot,
at Commercial
�7-� Public /Institutional
Vacant Lot
Road /Right -of -Way
N
0 600
Feet
February 2012
Dempster /Waukegan Tax Increment Financing District
VILLAGE OF MORTON GROVE, IL
J SB Friedman
Development Advisors www.sbfriedman.com
3. Eligibility Analysis
Provisions of the Illinois Tax Increment Allocation Redevelopment Act
Based upon the conditions found within the Dempster /Waukegan RPA at the completion of 5B
Friedman's research, it has been determined that the Dempster /Waukegan RPA meets the eligibility
requirements of the Act as a blighted area. The following outlines the provisions of the Act to establish
eligibility.
Under the Act, two primary avenues exist to establish eligibility for an area to use Tax Increment
Financing for redevelopment: (1) declaring an area as a "blighted area" and /or (2) declaring an area as a
"conservation area."
Blighted areas are those improved or vacant areas with blighting influences that are impacting the public
safety, health, morals or welfare of the community, and are substantially impairing the growth of the tax
base in the area. Conservation areas are those improved areas which are deteriorating and declining,
and soon may become blighted if the deterioration is not abated.
The statutory provisions of the Act specify how a district can be designated as a "conservation area"
and /or "blighted area" district based upon an evidentiary finding of certain eligibility factors listed in the
Act. These factors are identical for each designation.
According to the Act, blighted areas for improved land must have a combination of five or more of the
eligibility factors, acting in concert, which threaten the health, safety, morals or welfare of the proposed
district. Conservation areas must have a minimum of 50% of the total structures within the area aged 35
years or older. In addition, there must be a combination of three or more eligibility factors that are
detrimental to the public safety, health, morals or welfare, and which could result in such an area
becoming a blighted area. A separate set of factors exists for the designation of vacant land as a blighted
area. There is no provision for designating vacant land as a conservation area.
Factors for Improved Areas
Dilapidation. An advanced state of disrepair or neglect of necessary repairs to the primary structural
components of buildings or improvements in such a combination that a documented building condition
analysis determines that major repair is required or the defects are so serious and so extensive that the
buildings must be removed.
Obsolescence. The condition or process of falling into disuse. Structures have become ill- suited for the
original use.
Deterioration. With respect to buildings, defects including, but not limited to, major defects in the
secondary building components such as doors, windows, porches, gutters and downspouts, and fascia.
With respect to surface improvements, that the condition of roadways, alleys, curbs, gutters, sidewalks,
off - street parking and surface storage areas evidence deterioration including, but not limited to, surface
cracking, crumbling, potholes, depressions, loose paving material, and weeds protruding through paved
surfaces.
SIR FRIEDMAN I DEVELOPMENT ADVISORS I I www.sbfriedman.com
Dempster /Waukegan RPA Eligibility Analysis
Presence of Structures below Minimum Code Standards. All structures that do not meet the standards
of zoning, subdivision, building, fire and other governmental codes applicable to property, but not
including housing and property maintenance codes.
Illegal Use of Individual Structures. The use of structures in violation of the applicable federal, state or
local laws, exclusive of those applicable to the presence of structures below minimum code standards.
Excessive Vacancies. The presence of buildings that are unoccupied or under - utilized and that represent
an adverse influence on the area because of the frequency, extent or duration of the vacancies.
Lack of Ventilation, Light or Sanitary facilities. The absence of adequate ventilation for light or air
circulation in spaces or rooms without windows, or that require the removal of dust, odor, gas, smoke or
other noxious airborne materials. Inadequate natural light and ventilation mean the absence of skylights
or windows for interior spaces or rooms, and improper window sizes and amounts by room area to
window area ratios. Inadequate sanitary facilities refer to the absence or inadequacy of garbage storage
and enclosure, bathroom facilities, hot water and kitchens, and structural inadequacies preventing
ingress and egress to and from all rooms and units within a building.
Inadequate Utilities. Underground and overhead utilities such as storm sewers and storm drainage,
sanitary sewers, water lines, and gas, telephone and electrical services that are shown to be inadequate.
Inadequate utilities are those that are: (i) of insufficient capacity to serve the uses in the redevelopment
project area, (ii) deteriorated, antiquated, obsolete or in disrepair, or (iii) lacking within the
redevelopment project area.
Excessive Land Coverage and Overcrowding of Structures and Community Facilities. The over - intensive
use of property and the crowding of buildings and accessory facilities onto a site. Examples of problem
conditions warranting the designation of an area as one exhibiting excessive land coverage are: (1) the
presence of buildings either improperly situated on parcels or located on parcels of inadequate size and
shape in relation to present -day standards of development for health and safety and (ii) the presence of
multiple buildings on a single parcel. For there to be a finding of excessive land coverage, these parcels
must exhibit one or more of the following conditions: insufficient provision for light and air within or
around buildings, increased threat of spread of fire due to the close proximity of buildings, lack of
adequate or proper access to a public right -of -way, lack of reasonably required off - street parking, or
inadequate provision for loading and service.
Deleterious Land Use or Layout. The existence of incompatible land -use relationships, buildings
occupied by inappropriate mixed uses, or uses considered to be noxious, offensive or unsuitable for the
surrounding area.
Environmental Clean -Up. The proposed redevelopment project area has incurred Illinois Environmental
Protection Agency or United States Environmental Protection Agency remediation costs for, or a study
conducted by an independent consultant recognized as having expertise in environmental remediation
has determined a need for, the clean -up of hazardous waste, hazardous substances or underground
storage tanks required by state or federal law, provided that the remediation costs constitute a material
impediment to the development or redevelopment of the redevelopment project area.
Lack of Community Planning. The proposed redevelopment project area was developed prior to or
without the benefit or guidance of a community plan. This means that the development occurred prior
SE FRIEDMAN I DEVELOPMENT ADVISORS 12 www.sbfriedman.com
Dempster /Waukegan RPA Eligibility Analysis
to the adoption by the municipality of a comprehensive or other community plan, or that the plan was
not followed at the time of the area's development. This factor must be documented by evidence of
adverse or incompatible land -use relationships, inadequate street layout, improper subdivision, parcels
of inadequate shape and size to meet contemporary development standards, or other evidence
demonstrating an absence of effective community planning.
Lack of Growth in Equalized Assessed Value. The total equalized assessed value of the proposed
redevelopment project area has declined for three of the last five calendar years prior to the year in
which the redevelopment project area is designated, or is increasing at an annual rate that is less than
the balance of the municipality for three of the last five calendar years for which information is
available, or is increasing at an annual rate that is less than the Consumer Price Index for All Urban
Consumers published by the United States Department of Labor or successor agency for three of the last
five calendar years prior to the year in which the redevelopment project area is designated.
As previously explained, "blighted areas" must have a combination of five or more of these eligibility
factors and "conservation areas' must have a minimum of 50% of the total structures within the area
aged 35 years or older, plus a combination of three or more additional eligibility factors.
Factors for Vacant Land
According to the Act, there are two ways by which vacant land can be designated as "blighted." One way
is to find that at least one of the six factors discussed under "One Factor Test" is present to a meaningful
extent and reasonably distributed throughout the study area. The second way is to find that at least two
of six factors from the list discussed below under "Two Factor Test" are present to a meaningful extent
and reasonably distributed throughout the study area.
ONE FACTOR TEST
Under the provisions
of the "blighted area" section of
the
Act, if the land
is vacant, an area
qualifies as
blighted if one or more
of the following factors is found
to
be present to a
meaningful extent.
difficult
• Contains unused quarries, strip mines or strip mine ponds
• Contains unused rail yards, rail track or railroad rights -of -way
• Is subject to or contributes to chronic flooding
• Contains unused or illegal dumping sites
• Was designated as a town center prior to January 1, 1982, is between 50 and 100 acres, and is
75% vacant land
• Qualified as blighted prior to becoming vacant
TWO FACTOR TEST
Under the provisions of the "blighted area" section of the Act, if the land is vacant, an area qualifies as
blighted if a combination of two or more of the following factors may be identified that impact the
sound growth of the redevelopment project area.
Obsolete
Platting of
Vacant Land.
Parcels
of
limited or
narrow size or
configurations of parcels of
irregular
size or shape
that would be
difficult
to
develop on
a planned basis
and in a manner compatible
5B FRIEDMAN I DEVELOPMENT ADVISORS 13 www.sbfriedman.com
Dempster /Waukegan RPA Eligibility Analysis
with contemporary standards and requirements, or platting that failed to create rights -of -ways for
streets or alleys or that created inadequate right -of -way widths for streets, alleys or other public rights -
of -way or that omitted easements for public utilities.
Diversity of Ownership. Adjacent properties are owned by multiple parties. When diversity of
ownership of parcels of vacant land is sufficient in number to retard or impede the ability to assemble
the land for development, this factor applies.
Tax and Special Assessment Delinquencies. Tax and special assessment delinquencies exist or the
property has been the subject of tax sales under the Property Tax Code within the last five years.
Deterioration of Structures or Site Improvements in Neighboring Areas Adjacent to the Vacant Land.
Evidence of structural deterioration and area disinvestment in blocks adjacent to the vacant land may
substantiate why new development had not previously occurred on the vacant parcels.
Environmental Contamination. The area has incurred Illinois Environmental Protection Agency or
United States Environmental Protection Agency remediation costs for, or a study conducted by an
independent consultant recognized as having expertise in environmental remediation has determined a
need for, the clean -up of hazardous waste, hazardous substances or underground storage tanks
required by state or federal law, provided that the remediation costs constitute a material impediment
to the development or redevelopment of the redevelopment project area.
Lack of Growth in Equalized Assessed Value. The total equalized assessed value of the proposed
redevelopment project area has declined for three of the last five calendar years prior to the year in
which the redevelopment project area is designated, or is increasing at an annual rate that is less than
the balance of the municipality for three of the last five calendar years for which information is
available, or is increasing at an annual rate that is less than the Consumer Price Index for All Urban
Consumers published by the United States Department of Labor or successor agency for three of the last
five calendar years prior to the year in which the redevelopment project area is designated.
Methodology Overview and Determination of Eligibility
Analysis of the eligibility factors was conducted through research involving an extensive exterior survey
of all properties within the Dempster /Waukegan RPA, as well as a review of building and property
records, and interviews with Village staff and a major property owner. Property records included
building permit data, code violations and assessment data. Our survey of the area established that there
are 24 buildings and 55 tax parcels within the Dempster /Waukegan RPA.
All properties were examined for qualification factors consistent with either "blighted area" or
"conservation area" definitions of the Act. Based upon these criteria, the properties within the
Dempster /Waukegan RPA exhibit the necessary eligibility factors to qualify for designation as a "blighted
area" as defined by the Act.
To arrive at this designation, SB Friedman inventoried the number of eligibility factors present on a
building -by- building or parcel -by- parcel basis and analyzed the spatial distribution of the eligibility
factors. When appropriate, we calculated the presence of eligibility factors on infrastructure and
ancillary properties associated with the structures. The eligibility factors were matched with buildings
s6 FRIEDMAN i DEVELOPMENT ADVISORS 14 www.sbfriedman.com
Dempster /Waukegan RPA Eligibility Analysis
using aerial photographs, property files created from field observations, and record searches. The
information was then graphically plotted on a parcel map of the Dempster /Waukegan RPA to establish
the distribution of eligibility factors, and to determine which factors were present to a major or minor
extent and reasonably distributed throughout the study area.
As required
by the Act,
in order to be designated as a
"blighted area," at least five of the improved land
eligibility factors
must
be found to be present to a
major extent within, and reasonably distributed
throughout,
the RPA in
order to characterize such area
as a "blighted area."
Taking into account information obtained from the Village, the Cook County Assessor's office, historic
aerials of the RPA, and the Village's 1999 Comprehensive Plan Update, our research has revealed that
the following seven factors are present to a major extent and reasonably distributed throughout the
RPA:
1. Obsolescence
2. Deterioration
3. Presence of Structures below Minimum Code Standards
4. Excessive Vacancies
5. Inadequate Utilities
6. Lack of Community Planning
7. Lack of Growth in Equalized Assessed Value
One minor factor, Excessive Land Coverage, applies to the Prairie View Community Center and Park.
Based on the presence of these factors, the RPA meets the requirements of a "blighted area" under the
Act.
Maps 4A through 413 on the following pages illustrate the blighted area eligibility factors found within
the RPA by indicating each parcel where the respective factors were found to be present to a
meaningful degree. The sections following the maps summarize our field research as it pertains to each
of the identified eligibility factors found to be present within the Dempster /Waukegan RPA.
SS FRIEDMAN j DEVELOPMENT ADVISORS 15 www.sbfriedman.com
Map 4A: Obsolescence
IMPROVED LAND - BLIGHTED AREA FACTOR
y SB Friedman
Development Advisors
Eligibility Study
Legend
RPA Boundary
Eligibility Factor
fir* Obsolescence
N
0 600
I 1
Feet
February 2012
Dempster /Waukegan Tax Increment Financing District
VILLAGE OF MORTON GROVE, IL
www.sbfriedman.com
Map 4B: Deterioration
IMPROVED LAND - BLIGHTED AREA FACTOR
St
m'!
Hazel St
Dempster St
Eligibility Study
Legend
RPA Boundary
Eligibility Factor
RMSDeterioration
Note:
To qualify, deterioration must
be present on buildings,
parking surfaces /structures,
or on public infrastructure
N
0 600
t I�
Feet
February 2012
Dempster/Waukegan Tax Increment Financing District
VILLAGE OF MORTON GROVE, IL
r r SB Friedman
Development Adwsors www.sbfriedmarn.com
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Legend
RPA Boundary
Eligibility Factor
RMSDeterioration
Note:
To qualify, deterioration must
be present on buildings,
parking surfaces /structures,
or on public infrastructure
N
0 600
t I�
Feet
February 2012
Dempster/Waukegan Tax Increment Financing District
VILLAGE OF MORTON GROVE, IL
r r SB Friedman
Development Adwsors www.sbfriedmarn.com
Map 4C: Structures Below Minimum Code
IMPROVED LAND - BLIGHTED AREA FACTOR
Eligibility Study
Legend
RPA Boundary
Eligibility Factor
Presence of
" Structures Beiow
Minimum Code
Standards
N
0 600
Feet
February 2012
Dempster /Waukegan Tax Increment Financing District
VILLAGE OF MORTON GROVE, IL
LAI S.B Friedman
Development Advisors www.sbfriedman.com
e
Map 41): Excessive Vacancies
IMPROVED LAND - BLIGHTED AREA FACTOR
SP Friedman
Development Advisors
Dempster St
Eligibiiity Study
Legend
RPA Boundary
Eligibility Factor
M Excessive Vacancies Ir
Note:
Vacant or under - occupied
buildings are considered
to be Excessive Vacancies;
vacant lots do not quality
N
0 600
Feet
February 2012
Dempster /Waukegan Tax Increment Financing District
VILLAGE OF MORTON GROVE, IL
www.sbfriedman.com
R
Map 4E: Inadequate Utilities
IMPROVED LAND - BLIGHTED AREA FACTOR
Eligibility Study
Legend
EDRPA Boundary
Eligibility Factor
Inadequate Utilities
2\
N
0 600
I I
Feet
February 2012
Dempster /Waukegan Tax Increment Financing District
VILLAGE OF MORTON GROVE, IL
r r SB Friedman
Development Admon www.sbfriedman.com
Map 4F: Lack of Community Planning
IMPROVED LAND - BLIGHTED AREA FACTOR
Eligibility Study
Legend
RPA Boundary
Eligibility Factor
.,z Lack of Community
Planning
.-J
N
0 600
I fi
Feet
February 2012
Dempster /Waukegan Tax Increment Financing District
VILLAGE OF MORTON GROVE, IL
N N SB Friedman
Development Advisors www.sbfriedman.com
....... ¢
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IMPROVED LAND - BLIGHTED AREA FACTOR
Eligibility Study
Legend
RPA Boundary
Eligibility Factor
.,z Lack of Community
Planning
.-J
N
0 600
I fi
Feet
February 2012
Dempster /Waukegan Tax Increment Financing District
VILLAGE OF MORTON GROVE, IL
N N SB Friedman
Development Advisors www.sbfriedman.com
Map 4G: Lack of Growth in EAV
IMPROVED LAND - BLIGHTED AREA FACTOR
M M SB Friedman
Development Advisors
Eligibility Study
Legend
EDRPA Boundary
Eligibility Factor
M'I Lack of Growth
in EAV
N
0 600
--i
Feet
February 2012
Dempster /Waukegan Tax Increment Financing District
VILLAGE OF MORTON GROVE, IL
www.sbfriedman.com
Dempster /Waukegan RPA Eligibility Analysis
I. OBSOLESCENCE
The state TIF statute defines obsolescence as "the condition or process of falling into disuse ", when
"(s]tructures have become ill- suited to their original use." Obsolescence was observed on parcels
constituting 45% of the study area, including the Prairie View shopping center, nearby office and retail.
When compared to other competitive shopping centers within a three -mile radius, the main Prairie View
Plaza building has limited visibility due to a larger setback and grade separation from Dempster Street.
Additionally, the mall is characterized by discount stores, non - credit tenants and vacant storefronts,
which usually signify that a shopping facility is falling into disuse and nearing the end of its economic life.
Economic decline is also reflected in the property's real estate performance. The impact of limited
visibility, age and layout is reflected in the high vacancy and declining EAV of the shopping center, as
well as falling sales tax receipts. According to Village 2011 sales tax data, anchor sales receipts from
January 1 to April 30 are down more than 20% compared to the same period the previous year.
Meanwhile, the office building across Waukegan Road (fronted by IFC Credit Corporation), meanwhile, is
dated and of inferior construction and design compared to modern office space. It also suffers from low
visibility due to its location behind the IFC Credit Corporation building. According to Costar, it is 53%
vacant as of October 11, 2011. Patterns of obsolescence are shown on Map 4A.
2. DETERIORATION
Building and /or surface deterioration were documented on 60% of parcels within the study area.
Examples of building deterioration include corroded window casements, cracks in cement block walls,
disconnected pipes, rust, missing tuck - pointing and brick spalling, and sagging or missing soffits.
Examples of surface deterioration include cracked and crumbling sidewalks, curbs, streets and parking
surfaces throughout the study area. The distribution of deterioration throughout the study area is
highlighted in Map 4B.
3. PRESENCE OF STRUCTURES BELOW CODE
Given the absence of stormwater detention mentioned earlier in this chapter, Prairie View Plaza does
not comply with the Metropolitan Water Reclamation District's Sewer Permit Ordinance (SPO). Enacted
in 1999, the SPO prohibits runoff after development from exceeding the rate of runoff of the site
without development. For similar reasons, Prairie View Plaza does not comply with the Cook County
Forest Preserve District's Stormwater Management Policy, as stormwater runoff currently flows
unrestrained into the neighboring forest preserve. If redeveloped, the shopping center would need to
be brought into compliance with both policies. Considering that the site is currently more than 90%
impervious, this would imply extensive and potentially costly retrofits. As shown in Map 4C, the factor
impacts 33% of the land area within the RPA.
4. EXCESSIVE VACANCIES
As previously noted, Prairie View Plaza and the IFC Credit Corporation office building have been
experiencing high vacancy. In addition, the former Produce World (8800 Waukegan Road) is currently
vacant. There is a total of approximately 143,400 square feet of vacant commercial building area within
the study area, or 21% of all commercial building square footage. Building vacancies are highlighted by
parcel in Map 4D.
SB FRIEDMAN ( DEVELOPMENT ADVISORS 23 www.sbfriedman.com
Dempster /Waukegan RPA Eligibility Analysis
S. INADEQUATE UTILITIES
It is our understanding that stormwater runoff from the shopping center is not managed by any kind of a
detention system, and that the site does not currently contain adequate stormwater utilities to detain
and mitigate runoff. Moreover, it appears that all of the other improved parcels within the study area
lack appropriate stormwater detention facilities and are covered by a high proportion of impervious
surface area. In addition, data provided by Village staff indicate that water and sewer lines on Dempster
Street and Waukegan Road were installed before 1960, with some possibly dating back to the 1930s.
The 10" water main on Dempster, in particular, is thought to have been installed in 1932. Village staff
stated that they consider 80 years to be the normal lifespan of water and sewer lines, which suggests
that the water lines are at or near the end of their normal functioning life. Assuming that the 10" water
main only serves parcels fronting Dempster Street, 55% of parcels within the study area are impacted by
inadequate utilities. The impacted parcels can be seen in Map 4E.
6. LACK OF COMMUNITY PLANNING
The Village of Morton Grove adopted its first comprehensive plan in 1978. Fifty -four percent (54 %) of
the buildings in the study area predate the comprehensive plan. Obsolete platting and building
configurations mentioned in the discussion of obsolescence confirm a lack of community planning in the
study area. In addition to the platting and configuration issues, parcelization on the north side of
Dempster Street does not correspond to building layout, with a number of buildings divided between
two or more parcels. Such parcelization is out of step with contemporary development standards.
Because a majority of the study area's development occurred before the benefit of a comprehensive
plan, this factor is considered to impact 100% of the study area.
7. LACK OF GROWTH IN EQUALIZED ASSESSED VALUE
Total equalized assessed value (EAV) is a measure of the property value in the Dempster /Waukegan
RPA. The EAV of the RPA has experienced an absolute decline for three of the last five year -to -year
periods for which data is available. Furthermore, property values in the RPA have grown more slowly or
declined more quickly than property in the balance of the Village for four out of the last five periods for
which information is available, as shown in Table 1 below. The lack of growth in equalized assessed
value within an area is one of the strongest indicators that the area is falling into decline.
This eligibility factor was considered to be present to a meaningful extent for the parcels within the
Dempster /Waukegan RPA,
Table 1: Percent Chaney in Fnual'oorl A«o«ea
Change in EAV
View Community
Center and Park's layout is designed
2005 - 2006
2006-2007
2007 - 2008
2008 - 2009
2009-2010
Village of Morton Grove less Study Area
1.0%
20.6%
9.1%
-1.9%
-7.52%
Study Area Parcels
-0.57%
6.50%
4.68%
- 13.68%
-6.56%
bource: c.00K Lounty Assessor's Office, Cook County Clerk's Tax Extension Unit
8. EXCESSIVE LAND COVERAGE (present to a minor extent)
The Prairie
View Community
Center and Park's layout is designed
in such a
way that is improper when
compared
to contemporary
development standards. While the
park has
several amenities for area
SB FRIEDMAN ) DEVELOPMENT ADVISORS 24 www.sbfriedman.com
Dempster/Waukegan RPA Eligibility Analysis
residents, including a 53,000 square foot community center, tennis courts, sand volleyball courts, a
playground, a nature preserve, and baseball fields, most of these features are crowded onto two parcels
covering only eight acres of land. As a result, the site's configuration yields to an awkward internal
street /driveway design and a limited amount of on -site parking spaces, especially during peak center
hours. Morton Grove's current zoning code requires one parking space per 150 square feet of gross
floor area for recreational centers. With the facility's estimated 180 parking spaces, the Community
Center has approximately half of the required spaces.
SB FRIEDMAN I DEVELOPMENT ADVISORS 25 www.sbfriedman.com
'x" •.s� -• •. - 1. -..,.MW u. 1.
The land use and existing conditions for the RPA suggest six major redevelopment needs for the
Dempster /Waukegan RPA:
I. Capital improvements that further the objectives set forth in this Redevelopment Plan
2. Redevelopment of vacant, obsolete, ill- configured and underutilized parcels
3. Site preparation, stormwater management and site remediation
4. Streetscape and infrastructure improvements
5. Rehabilitation of existing buildings
6. Resources for commercial and public development
This Redevelopment Plan identifies tools for the Village to support the re- establishment and
improvement of the RPA as a mixed -use, commercial- focused district through provision of necessary
infrastructure improvements and public facilities, and to support other public and private improvements
to best serve the interests of the Village.
Currently, the Dempster /Waukegan RPA is characterized by lack of growth in property values,
inadequate public utilities and infrastructure, lack of community planning, presence of structures that
do not meet minimum code standards, excessive vacancies, obsolete platting and deterioration. These
area and building conditions are minimizing the value of properties in the RPA compared to districts in
other communities with which the RPA must compete for investment. This, in turn, limits local area
employment opportunities and growth, and contributes to the lack of new investment within the RPA.
The public improvements outlined in this Redevelopment Plan will create an environment conducive to
private investment and redevelopment within the Dempster /Waukegan RPA. The goals, objectives and
strategies discussed below have been developed to address these needs and facilitate the sustainable
redevelopment of the Dempster /Waukegan RPA. To support specific projects and encourage future
investment in the RPA, public resources including Tax Increment Financing may be used to: modernize
RPA infrastructure and create new public facilities; beautify public areas and create an identity for the
community; support facade and building rehabilitation for existing building owners; and facilitate site
assembly, site preparation and demolition for future private sector redevelopment activities. The
private sector often seeks to acquire and assemble property to create redevelopment opportunities and
suitable sites for modern development needs. Tax increment revenues can assist the private sector in
property assembly and demolition when meeting the goals and objectives of this Redevelopment Plan.
Goals, Objectives and Strategies
Goal. The overall goal of this Redevelopment Plan is to reduce or eliminate conditions that qualify the
Dempster /Waukegan RPA as a "blighted area" and to provide the direction and mechanisms necessary
to: 1) re- establish the RPA as a vibrant commercial district that accommodates a mix of uses including
public /institutional and open space through new development; 2) stimulate the redevelopment of
vacant, obsolete, ill- configured and underutilized parcels; and 3) provide and improve necessary public
infrastructure, facilities and utilities. Redevelopment of the RPA will strengthen the economic base and
SB FRIEDMAN l DEVELOPMENT ADVISORS 26 www.sbfriedman.com
Dempster /Waukegan RPA Redevelopment Plan and Project
enhance the quality of life of the Village as a whole, by revitalizing the commercial corridor along
Dempster and Waukegan Road.
Rehabilitation and redevelopment of the RPA is to be achieved through an integrated and
comprehensive strategy that leverages public resources to stimulate additional private investment. The
underlying strategy is to use Tax Increment Financing, as well as other funding sources, to reinforce and
encourage further private investment.
Objectives. Six objectives support the overall goal of area -wide revitalization of the
Dempster /Waukegan RPA. These objectives include:
1. Foster the replacement, repair; construction and /or improvement of the public infrastructure,
where needed, including public utilities, sidewalks, streets, curbs, gutters, underground water
and sanitary systems, and stormwater detention of adequate capacity to create an environment
conducive to private investment;
2. Facilitate the rehabilitation of existing properties within the Dempster /Waukegan RPA and
encourage the construction of new commercial, civic /cultural and recreational development,
where appropriate;
3. Facilitate the physical improvement and /or renovation of existing building structures and
facades in the Dempster /Waukegan RPA;
4. Facilitate the assembly and preparation, including demolition and environmental clean -up,
where necessary, and marketing of available sites in the RPA for redevelopment and new
development by providing resources as allowed by the Act;
5. Provide resources for streetscaping, landscaping and signage to improve the image,
attractiveness and accessibility of the RPA, create a cohesive identity for the RPA and
surrounding area, and provide, where appropriate, for buffering between different land uses
and screening of unattractive service facilities such as parking lots and loading areas; and
6. Support the goals and objectives of other overlapping plans, including the Village's 1999
Comprehensive Plan Update and 1997 Waukegan Road Commercial Corridor Master Plan, and
coordinate available federal, state and local resources to further the goals of this
Redevelopment Plan.
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Dempster /Waukegan RPA Redevelopment Plan and Project
Strategies. These objectives will be implemented through four specific and integrated strategies. These
include:
1. Implement Public Improvements. A series of public improvements throughout the
Dempster /Waukegan RPA may be designed and implemented to create a more conducive
environment for new development, prepare sites for anticipated private investment, and create
an identity for the area. Public improvements that are implemented with TIF assistance are
intended to complement and not replace existing funding sources for public improvements in
the RPA
These improvements may include streetscaping, improvement of underground infrastructure,
stormwater detention of adequate capacity, improved street and sidewalk lighting, resurfacing
of alleys, sidewalks, streets and other paved surfaces, the creation of parks, bike paths, trails
and open space, and other public improvements and utilities consistent with this
Redevelopment Plan. These public improvements may be completed pursuant to
redevelopment agreements with private entities or intergovernmental agreements with other
public entities, and may include the construction, rehabilitation, renovation or restoration of
public improvements on one or more parcels.
Z. Assist Existing Businesses and Property Owners. The Village may provide assistance to support
existing businesses and property owners in the RPA. This may include financial and other
assistance for building rehabilitation, fagade improvements, leasehold improvements, and
construction of private and public facilities, such as plazas and other pedestrian amenities that
are consistent with the goals of this Redevelopment Plan.
3. Encourage Private Sector Activities. Through the creation and support of public- private
partnerships or through written agreements, the Village may provide financial and other
assistance to encourage the private sector, including new and existing property owners and
businesses, to undertake rehabilitation and redevelopment projects and other improvements
that are consistent with the goals of this Redevelopment Plan,
4. Facilitate Property Assembly, Demolition and Site Preparation. Financial assistance may be
provided to private developers seeking to acquire land and assemble sites for projects
supportive of this Redevelopment Plan. To meet the goals, policies or objectives of this
Redevelopment Plan, the Village may acquire and assemble property throughout the RPA. Land
assemblage by the Village may be done by purchase, exchange, donation, lease or eminent
domain, and may be for the purposes of (a) sale, lease or conveyance to private developers, or
(b) sale, lease, conveyance or dedication for the construction of public improvements or
facilities. Site preparation may include demolition of existing improvements and environmental
remediation, where needed. The Village may require written development agreements with
developers before acquiring any properties. As appropriate, the Village may devote acquired
property to temporary uses until such property is scheduled for disposition and development.
SS FR6ED(V6AN I DEVELOPMENT ADVISORS 28
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Dempster /Waukegan RPA Redevelopment Plan and Project
The future land use of the Dempster /Waukegan RPA reflects the objectives of this Redevelopment Plan,
which are to support the improvement of the RPA as an active commercial and mixed -use district and to
support other improvements that serve the redevelopment interests of the local community, current
business owners and the Village. The proposed objectives are compatible with historic land use patterns
and support current development trends in the area and the Village's Comprehensive Plan.
The proposed land uses are detailed on Map S on the following page, which shows commercial mixed
use throughout the RPA, with the exception of the Morton Grove Park District and ComEd facilities,
which are designated as public /institutional use. The mixed -use designation allows for the following land
uses:
• Commercial (Retail /Office /Warehousing)
• Institutional (Including Public Facilities, Hospitals, Social Services)
• Parks /Open Space
• Road Right -of -Way
• Utilities
The public /institutional use designation allows for the following land uses:
• Institutional (Including Public Facilities, Hospitals, Social Services)
• Parks /Open Space
• Road Right -of -Way
• Utilities
It is anticipated that the majority of new development will be commercial in nature and will take place in
the central area of the TIE and undeveloped parcels throughout the RPA. Institutional facilities and
parks /open space may also be developed or redeveloped throughout the RPA. The uses listed above are
to be predominant uses for the area indicated, and are not exclusive of any other uses.
SB FRIEDMAN I DEVELOPMENT ADVISORS 29 www.sbfriedman.com
a
z
c
A
01
d
A
I III
.r ��•.
Dempster St
Legend
RPA Boundary
Proposed Future Land Use
Commercial
Mixed Use
j Public /Institutional
Road /Right -of -Way
N
0 600
Feet
February 2012
Dempster /Waukegan Tax Increment Financing District
VILLAGE OF MORTON GROVE, IL
rSB Friedman
Development Advisors www.sbfriedman.com
Dempster /Waukegan RPA Redevelopment Plan and Project
As set forth in the Act, if the Redevelopment Plan for the redevelopment project area would result in
the displacement of residents from 10 or more inhabited residential units, or if the redevelopment
project area contains 75 or more inhabited residential units and a municipality is unable to certify that
no displacement will occur, the municipality must prepare a housing impact study and incorporate the
study in the Redevelopment Plan and Project document.
The Dempster /Waukegan project area does not contain any residential units; therefore, a housing
impact study is not required under the Act. The Village of Morton Grove hereby certifies that no
residential displacement will occur as a result of activities pursuant to this Redevelopment Plan.
513 FRIEDMAN I DEVELOPMENT ADVISORS 31 www.sbfriedman.com
S. Financial Plan
Eligible Costs
The Act outlines several categories of expenditures that can be funded using tax increment revenues.
These expenditures, referred to as eligible redevelopment project costs, include all reasonable or
necessary costs incurred or estimated to be incurred, and any such costs Incidental to this Plan pursuant
to the Act. The Village proposes to realize its goals and objectives of redevelopment through public
finance techniques, including, but not limited to, Tax Increment Financing, and by undertaking activities
that incur certain costs. Such costs may include, without limitation, the following:
I. Costs of studies, surveys, development of plans and specifications, implementation and
administration of the Redevelopment Plan and Project, including but not limited to, staff and
professional service costs for architectural, engineering, legal, financial, planning or other
services (excluding lobbying expenses), provided that no charges for professional services are
based on a percentage of the tax increment collected.
2. Costs of marketing sites within the RPA to prospective businesses, developers and investors,
provided however, that no such charges for professional services may be based on a percentage
of the tax increment collected.
3. Property assembly costs, including but not limited to, acquisition of land and other property,
real or personal, or rights or interests therein, demolition of buildings, site preparation, site
improvements that serve as an engineered barrier addressing ground level or below ground
environmental contamination, including, but not limited to parking lots and other concrete or
asphalt barriers, and the clearing and grading of land.
4. Costs of rehabilitation, reconstruction or repair or remodeling of existing public or private
buildings, fixtures and leasehold improvements, and the costs of replacing an existing public
building if pursuant to the implementation of a redevelopment project, the existing public
building is to be demolished to use the site for private investment or devoted to a different use
requiring private investment.
5. Costs of the construction of public works, facilities or improvements subject to the limitations in
Section 11- 74.4- 3(q)(4) of the Act.
6. Costs of job training and retraining projects including the costs of "welfare to work' programs
implemented by businesses located within the RPA.
7. Financing costs, including but not limited to, all necessary and incidental expenses related to the
issuance of obligations and which may include payment of interest on any obligations issued
thereunder. This includes interest accruing during the estimated period of construction of any
redevelopment project for which such obligations are issued and for a period not exceeding 36
months following completion, and reasonable reserves related thereto and interest accruing
during a construction period.
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Dempster/Waukegan RPA Financial Plan
8. All or a portion of a taxing district's capital costs resulting from the redevelopment project
necessarily incurred or to be incurred within a taxing district in furtherance of the objectives of
this Redevelopment Plan, to the extent the municipality by written agreement accepts and
approves such costs.
9. Relocation costs to the extent that the Village determines that relocation costs shall be paid or is
required to make payment of relocation costs by federal or state law, or by Section 74.4- 3(n)(7)
of the Act.
10. Payment in lieu of taxes as defined in the Act.
11. Costs of job training, retraining, advanced vocational education or career education, including
but not limited to, courses in occupational, semi - technical or technical fields leading directly to
employment, incurred by one or more taxing districts, provided that such costs: (i) are related to
the establishment and maintenance of additional job training, advanced vocational education or
career education programs for persons employed or to be employed by employers located in
the RPA; and (ii) when incurred by a taxing district or taxing districts other than the Village, are
set forth in a written agreement by or among the Village and the taxing district or taxing
districts. This agreement must describe the program to be undertaken, including but not limited
to, the number of employees to be trained, a description of the training and services to be
provided, the number and type of positions available or to be available, itemized costs of the
program and sources of funds to pay for the same, and the term of the agreement. Such costs
include, specifically, the payment by community college districts of costs pursuant to Sections 3-
37, 3 -38, 3 -40, and 3 -40.1 of the Public Community College Act, 110 ILLS 805/3 -37, 805/3 -38,
805/3 -40 and 805/3 -40.1, and by school districts of costs pursuant to Sections 10- 22.20a and 10-
23.3a of the School Code, 105 ILCS 5/10- 22.20a and 5/10- 23.3a.
12. Interest costs incurred by a developer related to the construction, renovation or rehabilitation
of a redevelopment project provided that:
a. Such costs are to be paid directly from the special tax allocation fund established pursuant
to the Act;
b. Such payments in any one (1) year may not exceed thirty percent (30 %) of the annual
interest costs incurred by the developer with regard to the development project during that
year;
c. If there are not sufficient funds available in the special tax allocation fund to make the
payment pursuant to this provision, then the amounts so due shall accrue and be payable
when sufficient funds are available in the special tax allocation fund;
d. The total of such interest payments paid pursuant to the Act may not exceed thirty percent
(30 %) of the total of: (i) cost paid or incurred by the developer for the redevelopment
project; and (ii) redevelopment project costs excluding any property assembly costs and any
relocation costs incurred by the Village pursuant to the Act;
e. The percentage increases from thirty percent (30 %) to seventy -five percent (75 %) for the
interest cost incurred by a redeveloper for the financing of rehabilitated or new housing
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Dempster/Waukegan RPA Financial Plan
units for low- income households and very low- income households, as defined in Section 3 of
the Illinois Affordable Housing Act; and
f. Instead of the interest costs described above in paragraphs 12b., 12d. and 12e., a
municipality may pay from tax increment revenues up to fifty percent (50 %) of the cost of
construction, renovation and rehabilitation of new housing units (for ownership or rental) to
be occupied by low- income households and very low- income households, as defined in
Section 3 of the Illinois Affordable Housing Act, as more fully described in the Act. If the
units are part of a residential redevelopment project that includes units not affordable to
low- and very low- income households, only the low- and very low- income units shall be
eligible for this benefit under the Act.
13. Unless explicitly provided in the Act, the cost of construction of new, privately -owned buildings
shall not be an eligible redevelopment project cost.
14. An elementary, secondary or unit school district's increased per pupil tuition costs attributable
to net new pupils added to the district living in assisted housing units will be reimbursed, as
further defined in the Act.
15. A library district's
increased
per patron costs attributable to net new persons
eligible to obtain a
library card living
in assisted
housing units, as further defined in the Act.
If a Special Service Area is established pursuant to the Special Service Area Tax Act, 35 ILCS 235/0.01 et
seq., then any tax increment revenues derived from the tax imposed pursuant to the Special Service
Area Tax Act may be used within the redevelopment project area for the purposes permitted by the
Special Service Area Tax Act as well as the purposes permitted by the Act.
Estimated Redevelopment Project Costs
The estimated eligible costs of this Redevelopment Plan are shown in Table 3 on the following page. The
total eligible cost provides an upper limit on expenditures that are to be funded using tax increment
revenues, exclusive of capitalized interest, issuance costs, interest and other financing costs. Within this
limit, adjustments may be made in line items without amendment to this Redevelopment Plan.
Additional funding in the form of county, state and federal grants, private developer contributions and
other outside sources may be pursued by the Village as a means of financing improvements and facilities
which are of benefit to the general community.
Adjustments to the estimated line item costs in Table 3 are expected and may be made by the Village
without amendment to this Redevelopment Plan. Each individual project cost will be re- evaluated in
light of projected private development and resulting incremental tax revenues as it is considered for
public financing under the provisions of the Act. The totals of line items set forth below are not intended
to place a limit on the described expenditures. Adjustments may be made in line items within the total,
either increasing or decreasing line item costs because of changed redevelopment costs and needs.
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Dempster /Waukegan RPA Financial Plan
Table 3: Estimated TIE Eligible Costs
PROJECT /IMPROVEMENTS
ESTIMATED PROJECT COSTS
Professional Services (including analysis, administration,
studies, surveys, legal, etc.)
$500,000
Marketing of Sites
$500,000
Property Assembly (including acquisition, site preparation,
demolition and environmental remediation)
$8,000,000
Rehabilitation of Existing Buildings, Fixtures and Leasehold
Improvements
$7,0001000
Public Works or Improvements (including streets and
utilities, parks and open space, public facilities (schools and
other public facilities)) [1)
$7,6001000
Job Training, Retraining, Welfare -to -Work
$100,000
Financing and Capital Costs
$100,000
Relocation Costs
$500,000
Payment in Lieu of Taxes
$100,000
Interest Subsidy
$4,000,000
TOTAL REDEVELOPMENT COSTS [2)
$28,40%000 [3) [4)
[1] This category may include paying for or reimbursing capital costs of taxing districts impacted by the redevelopment of the
RPA. As permitted by the Act, to the extent the Village by written agreement accepts and approves the same, the Village may
pay, or reimburse all, or a portion of a taxing district's capital costs resulting from a redevelopment project necessarily incurred
or to be incurred within a taxing district in furtherance of the objectives of this Redevelopment Plan.
[21 Total Redevelopment Project Costs exclude any additional
financing
costs, including any
interest expense, capitalized
interest and costs associated with optional redemptions. These
costs are
subject to prevailing
market conditions and are in
addition to Total Redevelopment Project Costs.
[31 Increases in estimated Total Redevelopment Project Costs of more than five percent, after adjustment for inflation from the
date of this Redevelopment Plan adoption, are subject to the Redevelopment Plan amendment procedures as provided under
the Act.
[41 The amount of the Total Redevelopment Project Costs that can be incurred in the RPA will be reduced by the amount of
redevelopment project costs incurred in contiguous redevelopment project areas, or those separated from the RPA only by a
public right -of -way, that are permitted under the Act to be paid, and are paid, from incremental property taxes generated in
the RPA, but will not be reduced by the amount of redevelopment project costs incurred in the RPA which are paid from
incremental property taxes generated in contiguous redevelopment project areas or those separated from the RPA by a public
right -of -way.
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Dempster /Waukegan RPA Financial Plan
Each private project that receives TIF funding within the Dempster /Waukegan RPA shall be governed by
the terms of a written redevelopment agreement entered into by a designated developer and the
Village and approved by the Village Board. Where tax increment funds are used to pay eligible
redevelopment project costs, to the extent funds are available for such purposes, expenditures by the
Village shall be coordinated to coincide on a reasonable basis with the actual redevelopment
expenditures of the developer(s). This Redevelopment Plan shall be completed, and all obligations
issued to finance redevelopment costs shall be retired, no later than December 31 of the year in which
the payment to the Village treasurer provided in the Act is to be made with respect to ad valorem taxes
levied in the twenty -third calendar year following the year in which the ordinance approving this
redevelopment project area is adopted (by December 31, 2036, if the ordinances establishing the RPA
are adopted during 2012).
Sources of Funds to Pay Costs
Funds necessary to pay for redevelopment project costs and /or municipal obligations which may be
issued or incurred to pay for such costs are to be derived principally from tax increment revenues
and /or proceeds from municipal obligations which have tax increment revenue as a repayment source.
To secure the issuance of these obligations and the developer's performance of redevelopment
agreement obligations, the Village may require the utilization of guarantees, deposits, reserves and /or
other forms of security made available by private sector developers. The Village may incur
Redevelopment Project Costs that are paid from the funds of the Village other than incremental taxes,
and the Village then may be reimbursed for such costs from incremental taxes.
The tax increment revenue which will be used to fund tax increment obligations and eligible
redevelopment project costs shall be the incremental real property tax revenues. Incremental real
property tax revenue is attributable to the increase of the current equalized assessed valuation of each
taxable lot, block, tract, or parcel of real property in the RPA over and above the certified initial
equalized assessed value of each such property. Without the use of such incremental revenues, the RPA
is not likely to redevelop.
Other sources of funds which may be used to pay for development costs and associated obligations
issued or incurred include land disposition proceeds, state and federal grants, investment income,
private investor and financial institution funds, and other sources of funds and revenues as the
municipality and developer from time to time may deem appropriate.
The Dempster /Waukegan RPA may be or become contiguous to, or be separated only by a public right -
of -way or another approved land use, from other redevelopment areas created under the Act (65 ILCS
5/11- 74.4 -4 et. seq.). The Village may utilize net incremental property tax revenues received from the
Dempster /Waukegan RPA to pay eligible redevelopment project costs, or obligations issued to pay such
costs, in other contiguous redevelopment project areas, or those separated only by a public right -of -way
and other approved land uses, and vice versa. The amount of revenue from the Dempster /Waukegan
RPA made available to support such contiguous redevelopment project areas, or those separated only
by a public right -of -way and other approved land uses, when added to all amounts used to pay eligible
Redevelopment Project Costs within the Dempster /Waukegan RPA, shall not at any time exceed the
total Redevelopment Project Costs described in Table 3 of this Redevelopment Plan.
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Dempster/Waukegan RPA Financial Plan
If necessary, the redevelopment plans for other contiguous redevelopment project areas that may be or
already have been created under the Act may be drafted or amended, as applicable, to add appropriate
and parallel language to allow for sharing of revenues between such districts.
Issuance of Obligations
To finance project costs, the Village may issue bonds or obligations secured by the anticipated tax
increment revenue generated within the Dempster /Waukegan RPA, or such other bonds or obligations
as the Village may deem, as appropriate. The Village may require the utilization of guarantees, deposits,
or other forms of security made available by private sector developers to secure such obligations. In
addition, the Village may provide other legally permissible credit enhancements to any obligations
issued pursuant to the Act.
All obligations issued by the Village pursuant to this Redevelopment Plan and the Act shall be retired
within the time frame described under 'Phasing and Scheduling of the Redevelopment" above. Also, the
final maturity date of any such obligations which are issued may not be later than 20 years from their
respective dates of issue. One or more of a series of obligations may be sold at one or more times in
order to implement this Redevelopment Plan. The amounts payable in any year as principal and interest
on all obligations issued by the Village shall not exceed the amounts available from tax increment
revenues, or other sources of funds, if any, as may be provided by ordinance. Obligations may be of
parity or senior /junior lien nature. Obligations issued may be serial or term maturities, and may or may
not be subject to mandatory, sinking fund or optional redemptions.
In addition to paying redevelopment project costs, tax increment revenues may be used for the
scheduled and /or early retirement of obligations, and for reserves and bond sinking funds. To the extent
that real property tax increment is not required for such purposes, revenues shall be declared surplus
and become available for distribution annually to area taxing districts in the manner provided by the
Act.
Most Recent EAV of Properties in the Redevelopment Project Area
The purpose of identifying the most recent equalized assessed valuation (EAV) of the
Dempster /Waukegan RPA is to provide an estimate of the initial EAV, which the Cook County Clerk will
certify for the purpose of annually calculating the incremental EAV and incremental property taxes of
the Dempster /Waukegan RPA. The 2010 EAV (the most recent year in which assessed values and the
equalizer were available) of all taxable parcels in the Dempster /Waukegan RPA is approximately $34.64
million. This total EAV amount by PIN is summarized in Appendix 2. The EAV is subject to verification by
the Cook County Clerk. After verification, the final figure shall be certified by the Cook County Clerk, and
shall become the Certified initial EAV from which all incremental property taxes in the Redevelopment
Project Area will be calculated by Cook County.
Anticipated EAV
By tax year 2035 (collection year 2036), the EAV for the Dempster /Waukegan RPA will be approximately
$65.0 million. This estimate is based on an inflation factor of 2.0% per year on the EAV of all properties
within the Dempster /Waukegan RPA and the assumption that redevelopment of the Prairie View
Shopping Center occurs.
SB FRIEDMAN I DEVELOPMENT ADVISORS 37 www.sbfriedman.com
6. Required Findings and Tests
Lack of Growth and Private Investment
The Village is required to evaluate whether or not the RPA has been subject to growth and private
investment and must substantiate a finding of lack of such investment prior to establishing a Tax
Increment Financing district.
Minimal new investment has occurred in the Dempster /Waukegan RPA in the past five years. Taken as a
whole, the RPA has not been subject to widespread growth and development through investment by
private enterprise. From 2005 through 2010, the growth of equalized assessed valuation (EAV), which is
the value of property from which property taxes are based, of improved parcels in the RPA has fallen
behind the balance of the Village for four of the past five periods, and has actually declined for three of
the past five years.
To further examine the scope of new investment in the RPA, SB Friedman examined building permit and
property characteristic data provided by the Village, and interviewed Village staff regarding recent
development in the area. Specifically, we examined building permit data for the period 2008 through
mid -2011, and discussed development over the past five years. Approximately 110 permits were issued
within the Dempster /Waukegan RPA between 2008 and mid -2011. The vast majority of these permits
was for minor necessary maintenance and rehabilitation of existing buildings, such as signage, parking
lot and electrical repairs, and for remodeling, build out and certificates of occupancy for new tenants in
existing retail centers. Such permits do not constitute substantial new investment in the RPA, but are
part of normal operations.
In the past five years, no significant real estate investment has occurred in the RPA with the exception of
a 4,500 square foot sporting goods store (Gunzo's). The impact on surrounding properties of the
investment on which building permits were issued has been minimal and isolated to the properties on
which new development or significant upgrades were undertaken. These investments and existing
property improvements have not stimulated widespread new private investment in the RPA as a whole.
Finding: The Redevelopment Project Area (Dempster /Waukegan RPA) on the whole has not been subject
to growth and development through investment by private enterprise and would not reasonably be
anticipated to be developed without the adoption of this Redevelopment Plan,
But For...
The Village is required to find that, but for the designation of the TIF district and the use of Tax
Increment Financing, it is unlikely that significant investment will occur in the Dempster /Waukegan RPA.
Without the support of public resources, the redevelopment objectives for the RPA would most likely
not be realized. The area -wide improvements and development assistance resources needed to
redevelop and revitalize the Dempster /Waukegan RPA as a vibrant commercial mixed -use area are
extensive and costly, and the private market, on its own, has shown little ability to absorb all such costs.
Infrastructure issues related to stormwater management and water distribution affect the entire
community, and also impact the redevelopment potential of the RPA. Public resources to assist with
stS PRIEDMAN I DEVELOPMENT ADVISORS 38 www.sbfriedman.com
Dempster /Waukegan RPA Required Findings and Tests
public infrastructure improvements and site preparation are needed to leverage private investment and
facilitate area -wide redevelopment consistent with the Village's Comprehensive Plan. The Village has
limited capacity to fund capital improvements of the sort that appear necessary to make the study area
attractive for redevelopment. TIE funds can be used to fund infrastructure improvements,
environmental remediation, site assembly and preparation, building rehabilitation, streetscape
improvements, and other related costs. Accordingly, but for the designation of a TIF district, these
projects, which would contribute substantially to area -wide redevelopment, are unlikely to occur,
Finding: But for the adoption of this Redevelopment Plan, critical resources will be lacking that would
otherwise support the redevelopment of the Dempster /Waukegan RPA, and the Dempster /Waukegan
RPA would not reasonably be anticipated to be developed.
Conformance to the Plans of the Village
The Dempster /Waukegan RPA and Redevelopment Plan must conform to the comprehensive plan for
the Village, conform to strategic economic development plans, or include land uses that have been
approved by the Village Board.
The Land Use Plan Map within the 1999 Comprehensive Plan anticipates that the Dempster /Waukegan
RPA will be developed with commercial uses. Thus, the Redevelopment Plan conforms to this vision.
Dates of Completion
The dates of completion of the project and retirement of obligations are described in "Phasing and
Scheduling of the Redevelopment" in Section 5 above.
Financial Impact of the Redevelopment Project
As explained above, without the adoption of this Redevelopment Plan and Tax Increment Financing, the
Dempster /Waukegan RPA is not expected to be redeveloped by private enterprise. Additionally, there is
a genuine threat that blighting conditions will continue to exist and spread, and that the entire area will
become a less attractive place to maintain and improve existing buildings and sites. The lagging growth
of property values may also lead to a decline of property values in surrounding areas and to a reduction
of the real estate tax base of all taxing districts.
This document describes the comprehensive redevelopment program proposed to be undertaken by the
Village to create an environment in which private investment can reasonably occur. The redevelopment
program will be staged gradually over the 23 -year life of the Dempster /Waukegan RPA. If a
redevelopment project is successful, various new projects will be undertaken that will assist in
alleviating blighting conditions, creating new jobs, and promoting rehabilitation and development in the
Dempster /Waukegan RPA.
This Redevelopment Plan is expected to have short- and long -term financial impacts on the affected
taxing districts. During the period when Tax Increment Financing is utilized, real estate tax increment
revenues from the increases in EAV over and above the certified initial EAV (established at the time of
adoption of this document) may be used to pay eligible redevelopment project costs for the
Dempster /Waukegan RPA. At the time when the Dempster /Waukegan RPA is no longer in place under
58 FRIEDMAN I DEVELOPMENT ADVISORS 39 www.sbfriedman.com
Dempster /Waukegan RPA Required Findings and Tests
the Act, the real estate tax revenues resulting from the redevelopment of the RPA will be distributed to
all taxing districts levying taxes against property located in the RPA. These revenues will then be
available for use by the affected taxing districts.
Demand on Taxing District Services and Program to Address Financial and
Service impact
In 1994, the Act was amended to require an assessment of any financial impact of a redevelopment
project area on, or any increased demand for service from, any taxing district affected by the
redevelopment plan, and a description of any program to address such financial impacts or increased
demand.
The Village intends to monitor development in the area and, with the cooperation of the affected taxing
districts, work to address any increased needs in connection with any particular development.
Given the preliminary nature of this Redevelopment Plan, specific fiscal impacts on the taxing districts
and increases in demand for services provided by those districts cannot accurately be assessed within
the scope of this plan. The following major taxing districts presently levy taxes on properties within the
Dempster /Waukegan RPA:
• Cook County
• Consolidated Elections
• Forest Preserve District of Cook County
• Niles Township
• General Assistance Niles
• Road and Bridges Niles
• Village of Morton Grove
• Village of Morton Grove Library Fund
School District 67
• School District 70
• Community High School 219
• Oakton Community College District 535
• Morton Grove Park District
• Metropolitan Water Reclamation District of Greater Chicago
• North Shore Mosquito Abatement District
Replacement of vacant and under - utilized buildings and sites with active and more intensive uses may
result in additional demands on services and facilities provided by the districts. To the extent increases
in demand for services would arise from an increase in permanent residential population, the
Redevelopment Plan does not include any residential units, and thus taxing districts which might
experience an increase in demand from increased population in the district are not expected to be
adversely impacted by the activities in furtherance of this Redevelopment Plan. At this time, no special
programs are proposed for these taxing districts. Should demand increase, the Village will work with the
affected taxing districts to determine what, if any, program is necessary to provide adequate services.
SB FRIEDMAN I DEVELOPMENT ADVISORS 40 www.sbfriedman.com
This Redevelopment Plan and Project document may be amended pursuant to the provisions of the Act.
SS FRIEDMAN I DEVELOPMENT ADVISORS 41 www.sbfriedman.com
The Village of
Morton Grove is an equal
opportunity
employer. As
part of this Redevelopment Project
and Plan, the
Village will work with any
developers
who assist in
the redevelopment of the RPA to
implement an
effective affirmative action
program that conforms to
Village policies and practices.
This program will ensure equal opportunity for all personnel regardless of race, color, religion, sex, age,
marital status, handicapped status, nation of origin, sexual preference, creed or ancestry. This program
will also meet Village standards for any applicable prevailing wage rate as ascertained by the Illinois
Department of Labor to all project employees. All entities involved are responsible for conformance to
the policy that is put in place.
SB FRIEDMAN I DEVELOPMENT ADVISORS 42 www.sbfriedman.com
Appendix 1:
Boundary Legal Description
THAT PART OF THE SOUTH HALF OF SECTION 18 AND THAT PART OF THE NORTH HALF OF SECTION 29 IN
TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS,
BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 IN DEMPSTER - WAUKEGAN ROAD SUBDIVISION,
BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18, ACCORDING TO THE PLAT THEREOF
RECORDED OCTOBER 15, 1925 AS DOCUMENT NO. 9066534; THENCE NORTHERLY ALONG THE EAST LINE
OF SAID DEMPSTER - WAUKEGAN ROAD SUBDIVISION TO THE NORTHEAST CORNER OF LOT 5 IN
LOCHNER'S RESUBDIVISION, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18, ACCORDING TO
THE PLAT THEREOF RECORDED JULY 10, 1997 AS DOCUMENT NO. 97497619; THENCE WESTERLY ALONG
THE NORTH LINE OF SAID LOT 5 AND IT'S WESTERLY EXTENSION THEREOF TO A POINT OF INTERSECTION
WITH THE WEST RIGHT -OF -WAY LINE OF NORMANDY AVENUE; THENCE SOUTHERLY ALONG SAID WEST
RIGHT -OF -WAY LINE TO A POINT ON THE SOUTH LINE OF THE NORTH 10 FEET OF LOT 18 IN SAID
DEMPSTER- WAUKEGAN ROAD SUBDIVISION; THENCE WESTERLY ALONG SAID SOUTH LINE TO A POINT
ON THE WEST LINE OF SAID LOT 18; THENCE SOUTHERLY ALONG SAID WEST LINE TO THE SOUTHEAST
CORNER OF LOT 28 IN SAID DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE WESTERLY ALONG THE
SOUTH LINE OF SAID LOT 28 TO THE SOUTHWEST CORNER OF SAID LOT 28; THENCE WESTERLY TO THE
SOUTHEAST CORNER OF LOT 59 IN SAID DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE
WESTERLY ALONG THE SOUTH LINE OF SAID LOT 59 TO THE SOUTHWEST CORNER OF SAID LOT 59;
THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 59 AND ALONG THE WEST LINE OF LOTS 58
THRU 44 INCLUSIVE IN SAID DEMPSTER - WAUKEGAN ROAD SUBDIVISION TO THE NORTHWEST CORNER
OF SAID LOT 44; THENCE NORTHERLY ALONG A LINE TO THE SOUTHEAST CORNER OF LOT 16 IN STEELE'S
MORTON GROVE HIGHLANDS, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18, ACCORDING
TO THE PLAT THEREOF RECORDED AUGUST 6, 1924 AS DOCUMENT NO. 8540426; THENCE NORTHERLY
ALONG THE EAST LINE OF SAID LOT 16 AND ALONG THE EAST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY
ADJOINING THE EAST LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS TO A POINT OF
INTERSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF HAZEL STREET; THENCE NORTHERLY ALONG A
LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT -OF -WAY LINE OF SAID HAZEL STREET AND
SAID EAST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING THE EAST LINE OF SAID STEELE'S
MORTON GROVE HIGHLANDS; THENCE NORTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE TO THE
NORTHEAST CORNER OF SAID STEELE'S MORTON GROVE HIGHLANDS; THENCE WESTERLY ALONG THE
NORTH LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS TO THE EAST RIGHT -OF -WAY LINE OF THE
PUBLIC ALLEY ADJOINING THE WEST LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS; THENCE
SOUTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE TO A POINT ON': THE NORTH RIGHT -OF -WAY LINE OF
SAID HAZEL STREET; THENCE SOUTHERLY ALONG A LINE TO A POINT OF INTERSECTION WITH THE
SOUTH RIGHT -OF -WAY LINE OF SAID HAZEL STREET AND SAID EAST RIGHT -OF -WAY LINE OF THE PUBLIC
ALLEY ADJOINING THE WEST LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS; THENCE SOUTHERLY
ALONG SAID EAST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT -OF -WAY
LINE CHURCHHILL STREET; THENCE WESTERLY ALONG SAID NORTH RIGHT -OF -WAY LINE TO A POINT OF
INTERSECTION WITH THE NORTHERLY EXTENTION OF THE WEST RIGHT OF WAY LINE OF NEW ENGLAND
AVENUE; THENCE SOUTHERLY ALONG SAID NORTHERLY EXTENTION AND WEST RIGHT -OF -WAY LINE TO
THE NORTHEAST CORNER OF LOT 127 IN SAID DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE
WESTERLY ALONG THE NORTH LINE OF SAID LOT 127 TO THE NORTHWEST CORNER OF SAID LOT 127;
THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 127 TO A POINT OF INTERSECTION WITH THE
SR FRIEDMANI DEVELOPMENT ADVISORS 43 www3bfriedman.com
Dempster /Waukegan RPA Boundary Legal Description
EASTERLY EXTENSION OF THE NORTH LINE OF LOT 170 IN SAID DEMPSTER - WAUKEGAN ROAD
SUBDIVISION; THENCE WESTERLY ALONG SAID EASTERLY EXTENSION AND NORTH LINE TO A POINT ON
THE EAST RIGHT -OF -WAY LINE OF WAUKEGAN ROAD; THENCE SOUTHERLY ALONG SAID EAST RIGHT -OF-
WAY LINE TO A POINT ON THE SOUTH LINE OF LOT 156 IN DEMPSTER - WAUKEGAN ROAD SUBDIVISION;
THENCE EASTERLY ALONG THE SOUTH LINE OF LOT 156 AND IT'S EASTERLY EXTENSION THEREOF TO A
POINT ON THE EAST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING SAID LOT 156; THENCE
SOUTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE EASTERLY
EXTENSION OF THE NORTH LINE OF LOT 151 IN SAID DEMPSTER - WAUKEGAN ROAD SUBDIVISION;
THENCE WESTERLY ALONG SAID EASTERLY EXTENSION AND NORTH LINE TO A POINT ON SAID EAST
RIGHT -OF -WAY LINE OF WAUKEGAN ROAD; THENCE SOUTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE
TO A POINT OF INTERSECTION WITH THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 24 IN
FOREST VIEW SUBDIVISION, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18, ACCORDING TO
THE PLAT THEREOF RECORDED MARCH 23, 1925 AS DOCUMENT NO, 8824972; THENCE WESTERLY
ALONG SAID EASTERLY EXTENSION, SOUTH LINE AND WESTERLY EXTENSION THEREOF TO A POINT OF
INTERSECTION WITH THE WEST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING SAID LOT 24;
THENCE NORTHERLY ALONG SAID WEST RIGHT -OF -WAY LINE TO THE NORTHEAST CORNER OF LOT 114
IN SAID FOREST VIEW SUBDIVISION; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 114 AND
IT'S WESTERLY EXTENSION THEREOF TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF SAYRE AVENUE;
THENCE SOUTHERLY ALONG SAID WEST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE
WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 114; THENCE EASTERLY ALONG SAID WESTERLY
EXTENSION AND SOUTH LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY EXTENSION OF THE
WEST LINE OF LOT 26 IN SAID FOREST VIEW SUBDIVISION; THENCE SOUTHERLY ALONG SAID NORTHERLY
EXTENSION AND WEST LINE TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF DEMPSTER STREET;
THENCE WESTERLY ALONG SAID NORTH RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE
NORTHERLY EXTENSION OF THE WEST LINE OF LOT 5 IN FINK AND OTHERS SUBDIVISION, BEING A
SUBDIVISION IN SAID SOUTH HALF OF SECTION 18 AND NORTH HALF OF SECTION 19 ACCORDING TO
THE PLAT THEREOF RECORDED APRIL 12, 1893 AS DOCUMENT NO. 1847465; THENCE SOUTHERLY
ALONG SAID NORTHERLY EXTENSION AND WEST LINE TO THE SOUTHWEST CORNER OF SAID LOT 5;
THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 5 TO THE NORTHWEST CORNER OF LOT 460 IN
THE FIRST ADDITION TO DEMPSTER - WAUKEGAN ROAD SUBDIVISION, BEING A SUBDIVISION IN SAID
NORTH HALF OF SECTION 19, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 11, 1927 AS
DOCUMENT NO. 9576777; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 460 AND THE
SOUTHERLY EXTENSION THEREOF TO THE NORTHWEST CORNER OF LOT 4301N SAID FIRST ADDITION TO
DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT
430 AND THE SOUTHERLY EXTENSION THEREOF TO THE NORTHWEST CORNER OF LOT 401 IN SAID FIRST
ADDITION TO DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE SOUTHERLY ALONG THE WEST LINE
OF SAID LOT 401 TO A POINT ON A LINE MEASURED PERPENDICULAR TO THE WEST RIGHT -OF -WAY LINE
OF WAUKEGAN ROAD AT A POINT 355.29 FEET (AS MEASURED ALONG SAID WEST RIGHT -OF WAY LINE)
SOUTH OF THE NORTHEAST CORNER OF LOT 206 IN SAID FIRST ADDITION TO DEMPSTER - WAUKEGAN
ROAD SUBDIVISION; THENCE EASTERLY ALONG SAID PERPENDICULAR LINE TO A POINT ON THE WEST
RIGHT -OF -WAY LINE OF WAUKEGAN ROAD; THENCE SOUTHERLY ALONG SAID WEST RIGHT -OF -WAY
LINE TO A POINT OF INTERSECTION WITH THE WESTERLY EXTENSION OF THE SOUTH LINE OF THE
NORTH 330 FEET OF LOT 2 IN WHITE'S SUBDIVISION, BEING A SUBDIVISION IN SAID NORTH HALF OF
SECTION 19, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 6, 1882 AS DOCUMENT NO.
368124; THENCE EASTERLY ALONG SAID WESTERLY EXTENSION AND SOUTH LINE OF THE NORTH 330
FEET TO A POINT ON THE CENTER LINE OF THE 16 FOOT PUBLIC ALLEY (NOW VACATED) IN BLOCK 7 IN
SCHRADER'S ADDITION TO MORTON GROVE (NOW VACATED) BEING A SUBDIVISION OF SAID LOT 2 IN
WHITE'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 11, 1892 AS
SB FRIEDMAN I DEVELOPMENT ADVISORS 44 www.sbfriedman.com
Dempster /Waukegan RPA Boundary Legal Description
DOCUMENT NO. 1595582; THENCE NORTHERLY ALONG SAID CENTERLINE TO A POINT ON THE
CENTERLINE OF MAINE STREET (NOW VACATED) AS LAID OUT IN SAID SCHRADER'S ADDITION TO
MORTON GROVE; THENCE EASTERLY ALONG SAID CENTERLINE TO A POINT ON THE CENTERLINE OF OAK
PARK AVENUE (NOW VACATED) AS LAID OUT IN SAID SCHRADER'S ADDITION TO MORTON GROVE;
THENCE NORTHERLY ALONG SAID CENTERLINE TO A POINT ON THE NORTH LINE OF SAID LOT 2 IN
WHITE'S SUBDIVISION; THENCE EASTERLY ALONG SAID NORTH LINE TO A POINT ON THE EAST LINE OF
THE WEST 763 FEET OF THE EAST 26.31 ACRES OF LOT 1 IN SAID WHITE'S SUBDIVISION; THENCE
NORTHERLY ALONG SAID EAST LINE TO A POINT ON THE SOUTH LINE OF THE PARCEL OF LAND
DESCRIBED BY DOCUMENT NO. 90402807, RECORDED AUGUST 17, 1990; THENCE EASTERLY ALONG
SAID SOUTH LINE TO A POINT ON THE EAST LINE OF SAID PARCEL OF LAND DESCRIBED BY DOCUMENT
NO. 90402807; THENCE NORTHERLY ALONG SAID EAST LINE AND NORTHERLY EXTENSION THEREOF TO A
POINT ON THE NORTH RIGHT -OF -WAY LINE OF DEMPSTER STREET; THENCE WESTERLY ALONG SAID
NORTH RIGHT -OF -WAY LINE TO SAID POINT OF BEGINNING.
SB FRIEDMAN I DEVELOPMENT ADVISORS 45 www.sbfriedman.com
mmm���
Record
PIN
2010 final EAV
1
10 -18- 312- 007 -0000
$ 13,372
2
10 -18- 314- 028 -0000
$ -
3
10 -18- 320 - 011 -0000
$ 58,397
4
10 -18- 320 - 033 -0000
$ 402,864
5
10 -18- 320 - 041 -0000
$ 19;087
6
10 -18- 320 - 042 -0000
$ 12,824
7
10 -18- 321 - 004 -0000
$ 33,647
8
10 -18- 321 - 023 -0000
$ 39,719
9
10 -18- 321 - 027 -0000
$ 53,836
10
10 -18- 321 - 035 -0000
$ 54,816
11
10 -18 -321- 036 -0000
$ 54,816
12
10 -18 -321- 042 -0000
$ 198,416
13
10 -18 -321- 043 -0000
$ 2200552
14
10 -18- 321- 044 -0000
$ 141,002
15
10 -18 -321- 045 -0000
$ 32,700
16
10 -18 -321- 047 -0000
$ 165,465
17
10 -18- 321 - 048 -0000
$ 179,774
18
10 -18- 321 - 049 -0000
$ 2,0511069
19
10 -18- 321 -050 -0000
$ 399,709
20
10 -18 -321- 052 -0000
$ 11505,031
21
10 -18- 321 -053 -0000
$ 7,976
22
10 -18- 321 - 054 -0000
$ 138,095
23
10 -18- 321- 055 -0000
$ 231,152
24
10 -18- 322 - 042 -0000
$
25
10 -18 -323- 038 -0000
$ 83,124
26
10 -18- 323 - 039 -0000
$ 147,560
27
10 -18 -323- 040 -0000
$ 35,544
28
10 -18- 323- 041 -0000
$ 47,639
29
10 -18- 323- 054 -0000
$ -
30
10 -18- 400 - 048 -0000
$ 118,374
31
10 -18- 400 - 056 -0000
$ 56,793
32
10 -18- 400 -061 -0000
$ 47,292
33
10 -18- 400 - 062 -0000
$ 47,012
34
10 -18- 402 - 038 -0000
$ 36,280
35
10 -18- 402- 039 -0000.
$ 36,280
SB FRIEDMAN I DEVELOPMENT ADVISORS 46 www.sbfriedman.com
Dempster/Waukegan RPA Summary of EAV (by PIN)
36
10 -18 -402- 040 -0000
$ 209,778
37
10 -18- 402 -041 -0000
$ 224,106
38
10 -18- 402 - 054 -0000
$ 1,001,580
39
10 -18- 402 -055 -0000
$ 61,608
40
10 -19- 102- 021 -0000
$ 76,755
41
10 -19- 102 - 022 -0000
$ 81,962
42
10 -19- 102 - 027 -0000
$ 816,473
43
10 -19 -102- 028 -0000
$ 844,001
44
10 -19 -102- 029 -0000
$ 105,996
45
10 -19 -102- 030 -0000
$ 42,375
46
10 -19 -102- 033 -0000
$ 30,548
47
10 -19- 102 -034 -0000
$ 45,349
48
10 -19- 102 -035 -0000
$ 12,005
49
10 -19- 103 - 001 -0000
$ 9,4951215
50
10 -19- 103 - 002 -0000
$ 61114,451
51
10 -19- 106 - 048 -0000
$ 1,818,062
52
10 -19 -200- 002 -0000
$ 11868,803
53
10 -19 -200- 007 -0000
$ 21805,624
54
10 -19 -200- 009 -0000
$ 222,496
55
10 -19 -200- 010 -0000
$ 2,088,649
SR FRIEDMAN I DEVELOPMENT ADVISORS 47 www.sbfriedman.com
Legislative Summary
Prepared by:
Teresa Hoffman Liston, Corporation Counsel
Ordinance 12 -16
DESIGNATING
THE DEMPSTERIWAUKEGAN REDEVELOPMENT PROJECT AREA
PURSUANT TO THE TAX INCREMENT ALLOCATION REDEVELOPMENT ACT
Introduced:
May 14, 2012
Synopsis:
This ordinance will designate the Dempster /Waukegan Tax Increment Redevelopment Plan and Project
Area
Purpose:
To reverse declining property values and EAV in the Prairie View Shopping Center and adjacent areas, and
encourage private investment to enhance the District, and real estate and sales tax bases, and to attract
retailers to satisfy the consumer requirements of residents and shoppers in the area
Background:
; Over the past several years, the Prairie View Shopping Center has experienced declining property values,
and vacancies. This decline has had an adverse effect on surrounding properties. In 2011, the owners of
the shopping center approached the Village proposing a plan to do major renovations to the center, but
informed the Village they will not be able to do so without Village assistance due to the high cost, the
uncertain economic climate, and increased M WRD and related requirements. The Village then retained
S.B. Friedman and Company to conduct an eligibility analysis of this area. Based on their report dated
February 29, 2012, S.B. Friedman and Company determined eligibility factors required for the creation of a
Tax Increment Financing District were present for blight in the area. The Village then convened a Joint
Review Board consisting of representatives of local taxing districts. The Joint Review Board reviewed and
recommended the approval of Tax Increment Financing for the area designated as the Dempster/
Waukegan Redevelopment Project Area. In order to create aTIF District it is necessary the Corporate
Authorities to make certain findings required by the statute. These findings include the area be more than
%2 acres in size and conditions of blighting exist. The approval of this ordinance is necessary to comply
with the Tax Increment Redevelopment Act to designate the area set forth in Exhibit "A" as a
Redevelopment Project Area pursuant to the Act. The area consists of the Prairie View Shopping Center.
properties immediately to the east of the center, a vacant parcel north of the center (across Dempster
Street), continuing west of Waukegan to include the vacant Produce World building, and then south of
Dempster to include the Shell Gas Station and the IFC Credit Corporation building. Upon approval of this
ordinance, the Village Clerk will file a certified copy of the ordinance with the County Clerk's office, also
as required by statute.
Programs, Departs
Administration and Legal Departments
or Groups Affected
Fiscal Impact:
N/A
Source of Funds:
` N/A
Workload impact:
The Village Administrator and Corporation Counsel will oversee implementation of the plan.
Admin Recommend:
Approval as presented
Second Reading:
June 11, 2012
Special Consider or
None
Requirements:
Respectfully submitted:
Ryan J. Horne, Village Administrator
Prepared by:
Teresa Hoffman Liston, Corporation Counsel
ORDINANCE 12 -16
AN ORDINANCE DESIGNATING THE DEMPSTER/WAUKEGAN REDEVELOPMENT
PROJECT AREA PURSUANT TO THE
TAX INCREMENT ALLOCATION REDEVELOPMENT ACT
WHEREAS, on June 11, 2012, the President and Board of Trustees (the "Corporate
Authorities ") of the Village of Morton Grove, Cook County, Illinois (the "Village ") adopted
Ordinance 12 -15, adopting and approving a redevelopment plan and project (the "Plan" and
" Project") within the municipal boundaries of the Village and within a redevelopment project area
(the "Area ") described in Section 3 of this Ordinance; and
WHEREAS, the Plan and Project, along with the proposed designation of the Area, were the
subject of a public hearing on April 30, 2012, held pursuant to the Tax Increment Allocation
Redevelopment Act, as amended, constituting Division 74.4 of Article I 1 of the Illinois Municipal
Code (the "Act'); and
WHEREAS, the Corporate Authorities have now determined that it is necessary and desirable
and for the best interests of the citizens of the Village to designate the Area as a redevelopment project
area:
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, as
follows:
SECTION l: Incorporation of Recitals. The foregoing recitals to this Ordinance are
incorporated in this Ordinance as if set out in full 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 Ordinance.
SECTION 2: Required Findings. The Corporate Authorities hereby make the following
findings:
A. As required by Section 11- 74.4 -4(a) of the Act, the Area includes only those contiguous
parcels of real property and improvements thereon that are to be substantially benefited by the
proposed redevelopment project improvements set forth in the Plan and Project.
B. As required by Section 11- 74.4 -3(p) of the Act:
1. The Area is not less, in the aggregate, than one and one -half acres in size; and
2. Conditions
exist in the Area that cause the Area
to
qualify for designation as a
"blighted area"
within the meaning of section 11-
74.4
-3(a) of the Act.
SECTION 3: Designation of Area. The Area, as described in Exhibit A attached to and
incorporated herein as if set out in full by this reference, is hereby designated a redevelopment project
area pursuant to Section 11- 74.4 -4(a) of the Act, and shall hereafter be known as the
Dempster /Waukegan Redevelopment Project Area. The streets generally surrounding the Area are
described (as near as practical) in Exhibit B attached to and incorporated herein as if set out in full by
this reference. The map of the Area is depicted on Exhibit C attached to and incorporated herein as if
set out in full by this reference. The parcel or tax identification number of each parcel of property
included in the Area is set forth in Exhibit D attached to and incorporated herein as if set out in full by
this reference.
SECTION 4: Filing With County Clerk. The Village Clerk is hereby" directed to file a
certified copy of this Ordinance with the County Clerk of Cook County, Illinois.
SECTION 5: Invalidity of Any Section. If any section, paragraph or provision of this
Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforecability
of such section, paragraph or provision shall not affect any of the remaining provisions of this
Ordinance.
SECTION 6: Superceder; Effective Date. All ordinances, resolutions, motions or orders in
conflict herewith be, and the same hereby are, repealed to the extent of such conflict, and this
Ordinance shall be in full force and effect immediately from and after its passage and approval.
PASSED THIS I I" day of June 2012
Trustee DiMaria
Trustee Gomberg
Trustee Grear
Trustee Marcus
Trustee Thill
Trustee Toth
APPROVED BY ME THIS I 1 `h day of June 2012
ATTESTED and FILED in my office
This 11 `" day of June 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
2
ExhibitA to Ordinance 12 -16
Boundaty Legal Description
THAT PART OF THE SOUTH HALF OF SECTION 18 AND THAT PART OF THE NORTH HALF OF
SECTION 19 IN TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN
COOK COUNTY, ILLINOIS, BEING DESCRIBED AS FOLLOWS: BEGINNING A'1- THE SOUTHEAST
CORNER OF LOT' 1 IN DEMPSTER - WAUKEGAN ROAD SUBDIVISION, BEING A SUBDIVISION IN
SAID SOUTH HALF OF SECTION 18, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER
15, 1925 AS DOCUMENT NO. 9066534; THENCE NORTHERLY ALONG THE EAST LINE OF SAID
DEMPSTER - WAUKEGAN ROAD SUBDIVISION TO THE NORTHEAST CORNER OF LOT 5 IN
LOCHNER'S RESUBDIVISION, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18,
ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1997 AS DOCUMENT NO. 97497619:
THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 5 AND ITS WESTERLY EXTENSION
THEREOF TO A POINT OF INTERSECTION WITH THE WEST RIGHT -OF -WAY LINE OF NORMANDY
AVENUE; THENCE SOUTHERLY ALONG SAID WEST RIGHT -OF -WAY LINE 'FO A POINT ON THE
SOUTH LINE OF THE NORTH 10 FEET OF LOT 18 IN SAID DEMPSTER - WAUKEGAN ROAD
SUBDIVISION; THENCE WESTERLY ALONG SAID SOUTH LINE TO A POINT ON THE WEST LINE
OF SAID LOT 18; THENCE SOUTHERLY ALONG SAID WEST LINE TO THE SOUTHEAST CORNER
OF LOT 28 IN SAID DEMPSTER- WAUKEGAN ROAD SUBDIVISION; THENCE WESTERLY ALONG
THE SOUTH LINE OF SAID LOT 28 TO THE SOUTHWEST CORNER OF SAID LOT 28; THENCE
WESTERLY TO THE SOUTHEAST CORNER OF LOT 59 IN SAID DEMPSTER- WAUKEGAN ROAD
SUBDIVISION; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 59 TO THE
SOUTHWEST CORNER OF SAID LOT 59; THENCE NORTHERLY ALONG THE WEST LINE OF SAID
LOT 59 AND ALONG THE WEST LINE OF LOTS 58 THRU 44 INCLUSIVE IN SAID
DEMPST -ER- WAUKEGAN ROAD SUBDIVISION TO THE NORTHWEST CORNER OF SAID LOT 44;
THENCE NORTHERLY ALONG A LINE TO THE SOUTHEAST CORNER OF LOT 16 IN STEELE'S
MORTON GROVE HIGHLANDS, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18,
ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6, 1924 AS DOCUMENT NO. 8540426;
THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 16 AND ALONG THE EAST
RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING THE EAST LINE OF SAID STEELE'S
MORTON GROVE HIGHLANDS TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT -OF -WAY
LINE OF HAZEL, STREET; THENCE NORTHERLY ALONG A LINE TO A POINT OF INTERSECTION
WITH THE NORTH RIGHT -OF -WAY LINE OF SAID HAZEL STREET AND SAID EAST
RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING THE EAST LINE OF SAID STEELE'S
MORTON GROVE HIGHLANDS; THENCE NORTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE
TO THE NORTHEAST CORNER OF SAID STEELE'S MORTON GROVE HIGHLANDS; THENCE
WESTERLY ALONG THE NORTH LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS TO THE
EAST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING THE WEST LINE OF SAID
STEELE'S MORTON GROVE HIGHLANDS; THENCE SOUTHERLY ALONG SAID EAST
RIGHT -OF -WAY LINE TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF SAID HAZEL STREET_
THENCE SOUTHERLY ALONG A LINE TO A POINT OF INTERSECTION WITH THE SOUTH
RIGHT -OF -WAY LINE OF SAID HAZEL STREET AND SAID EAST RIGHT -OF -WAY LINE OF THE
PUBLIC ALLEY ADJOINING THE WEST LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS:
THENCE SOUTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION
WITH THE NORTH RIGHT -OF -WAY LINE CHURCHHILL STREET; THENCE WESTERLY ALONG
SAID NORTH RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY
EXTENTION OF THE WEST RIGHT OF WAY LINE OF NEW ENGLAND AVENUE; THENCE
3
SOUTHERLY ALONG SAID NORTHERLY EXTENTION AND WEST RIGHT -OF -WAY LINE TO THE
NORTHEAST CORNER OF LOT 127 IN SAID DEMPSTER - WAUKEGAN ROAD SUBDIVISION;
THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 127 TO THE NORTHWEST CORNER
OF SAID LOT 127; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 127 TO A POINT
OF INTERSECTION WITH THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 170 IN SAID
DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE WESTERLY ALONG SAID EASTERLY
EXTENSION AND NORTH LINE TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF WAUKEGAN
ROAD; THENCE SOUTHERLY ALONG SAID EAST RIGHT -OFWAY LINE TO A POINT ON THE
SOUTH LINE OF LOT 156 IN DEMPSTER- WAUKEGAN ROAD SUBDIVISION; THENCE EASTERLY
ALONG THE SOUTH LINE OF LOT 156 AND IT'S EASTERLY EXTENSION THEREOF TO A POINT
ON THE EAST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING SAID LOT 156; THENCE
SOUTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE
EASTERLY EXTENSION OF THE NORTH LINE OF LOT 151 IN SAID DEMPSTER- WAUKEGAN ROAD
SUBDIVISION; THENCE WESTERLY ALONG SAID EASTERLY EXTENSION AND NORTH LINE TO
A POINT ON SAID EAST RIGHT -OF -WAY LINE OF WAUKEGAN ROAD; THENCE SOUTHERLY
ALONG SAID EAST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE EASTERLY
EXTENSION OF THE SOUTH LINE OF LOT 24 IN FOREST VIEW SUBDIVISION, BEING A
SUBDIVISION IN SAID SOUTH HALF OF SECTION 18, ACCORDING TO THE PLAT THEREOF
RECORDED MARCH 23, 1925 AS DOCUMENT NO. 8824972; THENCE WESTERLY ALONG SAID
EASTERLY EXTENSION, SOUTH LINE AND WESTERLY EXTENSION THEREOF TO A POINT OF
INTERSECTION WITH THE WEST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING SAID
LOT 24; THENCE NORTHERLY ALONG SAID WEST RIGHT -OF -WAY LINE TO THE NORTHEAST
CORNER OF LOT 114 IN SAID FOREST VIEW SUBDIVISION; THENCE WESTERLY ALONG THE
NORTH LINE OF SAID LOT 114 AND IT'S WESTERLY EXTENSION THEREOF TO A POINT ON THE
WEST RIGHT -OF -WAY LINE OF SAYRE AVENUE; THENCE SOUTHERLY ALONG SAID WEST
RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE WESTERLY EXTENSION OF THE
SOUTH LINE OF SAID LOT 114; THENCE EASTERLY ALONG SAID WESTERLY EXTENSION AND
SOUTH LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY EXTENSION OF THE WEST
LINE OF LOT 26 IN SAID FOREST VIEW SUBDIVISION; THENCE SOUTHERLY ALONG SAID
NORTHERLY EXTENSION AND WEST LINE TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF
DEMPSTER STREET; THENCE WESTERLY ALONG SAID NORTH RIGHT -OF -WAY LINE TO A POINT
OF INTERSECTION WITH THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 5 IN FINK
AND OTHERS SUBDIVISION, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18 AND
NORTH HALF OF SECTION 19 ACCORDING TO THE PLAT THEREOF RECORDED APRIL 12, 1893 AS
DOCUMENT NO. 1847465; THENCE SOUTHERLY ALONG SAID NORTHERLY EXTENSION AND
WEST LINE TO THE SOUTHWEST CORNER OF SAID LOT 5; THENCE EASTERLY ALONG THE
SOUTH LINE OF SAID LOT 5 TO THE NORTHWEST CORNER OF LOT 460 IN THE FIRST ADDITION
TO DEMPSTER- WAUKEGAN ROAD SUBDIVISION, BEING A SUBDIVISION IN SAID NORTH HALF
OF SECTION 19, ACCORDING TO THE PLAT THEREOF RECORDED MARCH I1, 1927 AS
DOCUMENT NO. 9576777; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 460 AND
THE SOUTHERLY EXTENSION THEREOF TO THE NORTHWEST CORNER OF LOT 430 IN SAID
FIRST ADDITION TO DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE SOUTHERLY
ALONG THE WEST LINE OF SAID LOT 430 AND THE SOUTHERLY EXTENSION THEREOF TO THE
NORTHWEST CORNER OF LOT 401 IN SAID FIRST ADDITION TO DEMPSTER - WAUKEGAN ROAD
SUBDIVISION; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 401 TO A POINT ON A
LINE MEASURED PERPENDICULAR TO THE WEST RIGHT -OF -WAY LINE OF WAUKEGAN ROAD
AT A POINT 355.29 FEET (AS MEASURED ALONG SAID WEST RIGHT -OF WAY LINE) SOUTH OF
TIME NORTHEAST CORNER OF LOT 206 IN SAID FIRST ADDITION TO DEMPSTER - WAUKEGAN
ROAD SUBDIVISION; THENCE EASTERLY ALONG SAID PERPENDICULAR LINE TO A POINT ON
THE WEST RIGHT -OF -WAY LINE OF WAUKEGAN ROAD; THENCE SOUTHERLY ALONG SAID
@!
WEST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE WESTERLY EXTENSION
OF THE SOUTH LINE OF THE NORTH 330 FEET OF LOT 2 IN WHITE'S SUBDIVISION, BEING A
SUBDIVISION IN SAID NORTH HALF OF SECTION 19, ACCORDING TO THE PLAT THEREOF
RECORDED JANUARY 6, 1882 AS DOCUMENT NO. 368124; THENCE EASTERLY ALONG SAID
WESTERLY EXTENSION AND SOUTH LINE OF THE NORTH 330 FEET TO A POINT" ON THE
CENTER LINE OF THE 16 FOOT PUBLIC ALLEY (NOW VACATED) IN BLOCK 7 IN SCHRADEWS
ADDITION TO MORTON GROVE (NOW VACATED) BEING A SUBDIVISION OF SAID LOT 2 IN
WHITE'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 11, 1892 AS
DOCUMENT NO. 1595582; THENCE NORTHERLY ALONG SAID CENTERLINE TO A POINT ON THE
CENTERLINE OF MAINE STREET (NOW VACATED) AS LAID OUT IN SAID SCHRADEWS
ADDITION TO MORTON GROVE; THENCE EASTERLY ALONG SAID CENTERLINE TO A POINT ON
THE CENTERLINE OF OAK PARK AVENUE (NOW VACATED) AS LAID OUT IN SAID SCHRADEWS
ADDITION TO MORTON GROVE; THENCE NORTHERLY ALONG SAID CENTERLINE TO A POINT
ON THE NORTH LINE OF SAID LOT 2 IN WHITE'S SUBDIVISION; THENCE EASTERLY ALONG
SAID NORTH LINE TO A POINT ON THE EAST LINE OF THE WEST 763 FEET OF THE EAST 26.31
ACRES OF LOT 1 IN SAID WHITE'S SUBDIVISION; THENCE NORTHERLY ALONG SAID EAST LINE
TO A POINT ON THE SOUTH LINE OF THE PARCEL OF LAND DESCRIBED BY DOCUMENT NO.
90402807, RECORDED AUGUST 17, 1990; THENCE EASTERLY ALONG SAID SOUTH LINE TO A
POINT ON THE EAST LINE OF SAID PARCEL OF LAND DESCRIBED BY DOCUMENT NO. 90402807;
THENCE NORTHERLY ALONG SAID EAST LINE AND NORTHERLY EXTENSION THEREOF TO A
POINT ON THE NORTH RIGHT -OF -WAY LINE OF DEMPSTER STREET; THENCE WESTERLY
ALONG SAID NORTH RIGHT -OF -WAY LINE TO SAID POINT OF BEGINNING.
5
Exhibit B to Ordinance 12 -16
Street Location,for 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 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.
It!
Churchill St
Greenwood St
vi
y,
an i ns
9
G
Al
C.
d
Exhibit C to Ordinance 12 -16
1029 -95
3039.333
P19
i
5 -7
Davis St
s
Dempst St
77
Legend
RPA Boundary
Assessment Blocks
= Parcels
Note:
denotes assessment
block (first 7 digits of PIN) as
defined by Cook County
Assessor's Office
a
N
0 600
Feet
February 2012
Dempster /Waukegan Tax Increment Financing District
VILLAGE OF MORTON GROVE, IL
www.sbfriedman.com
Hazel St
J:
L
>
Q
I
L
d
Churchill St
-
r
o,
Cr""771
Dempst St
77
Legend
RPA Boundary
Assessment Blocks
= Parcels
Note:
denotes assessment
block (first 7 digits of PIN) as
defined by Cook County
Assessor's Office
a
N
0 600
Feet
February 2012
Dempster /Waukegan Tax Increment Financing District
VILLAGE OF MORTON GROVE, IL
www.sbfriedman.com
Exhibit D to Ordinance 12 -16
Property identification numbers ofparcels in ProjectArea
10 -18- 312 - 007 -0000
10 -18- 314 - 028 -0000
10 -18- 320 - 011 -0000
10 -18- 320 -033 -0000
10 -18- 320 - 041 -0000
10 -18- 320 - 042 -0000
10 -18- 321 - 004 -0000
10 -18- 321 -023 -0000
10 -18- 321- 027 -0000
10 -18- 321- 035 -0000
10 -18- 321 -036 -0000
10 -18- 321 - 042 -0000
10 -18- 321 - 043 -0000
10 -18- 321 - 044 -0000
10 -18- 321 -045 -0000
10 -18- 321 - 047 -0000
10 -18- 321 - 048 -0000
10 -18- 321 - 049 -0000
10 -18 -321- 050 -0000
10 -18- 321- 052 -0000
10 -18- 321- 053 -0000
10 -18- 321 -054 -0000
10 -18- 321 - 055 -0000
10 -18- 322- 042 -0000
10 -18- 323 - 038 -0000
10 -18- 323 - 039 -0000
10 -18 -323- 040 -0000
10 -18- 323- 041 -0000
10 -18- 323 - 054 -0000
10 -18- 400 - 048 -0000
10 -18- 400 - 056 -0000
10 -18 -400- 061 -0000
10 -18- 400 - 062 -0000
10 -18- 402 - 038 -0000
10 -18- 402 - 039 -0000
10 -18- 402 -040 -0000
10 -18- 402 - 041 -0000
10 -18- 402- 054 -0000
10 -18 -402- 055 -0000
10 -19- 102 -021 -0000
10 -19- 102 -022 -0000
10 -19- 102 - 027 -0000
10 -19- 102 - 028 -0000
10 -19- 102- 029 -0000
10 -19- 102 -030 -0000
10 -19 -102- 033 -0000
10 -19- 102 - 034 -0000
10 -19- 102 - 035 -0000
10 -19- 103 - 001 -0000
10 -19- 103 - 002 -0000
10 -19- 106 - 048 -0000
10 -19- 200 - 002 -0000
10 -19- 200 - 007 -0000
10 -19 -200- 009 -0000
10 -19- 200- 010 -0000
Legislative Summary
Ordinance 12 -17
ADOPTING TAX INCREMENT ALLOCATION FINANCING
RESPECTING THE DEMPSTER/WAUKEGAN REDEVELOPMENT PROJECT AREA
IN THE VILLAGE OF MORTON GROVE, ILLINOIS
Introduced:
May 14, 2012
Synopsis:
This ordinance will allocate financing respecting the Dempster /Waukegan Redevelopment Plan and Project
Area
Purpose:
To reverse declining property values and EAV in the Prairie View Shopping Center and adjacent areas, and
encourage private investment to enhance the District, and real estate and sales tax bases. and to attract
retailers to satisfy the consumer requirements of residents and shoppers in the area,
i
Background:
Over the past several years, the Prairie View Shopping Center has experienced declining property values, and
vacancies. This decline has had an adverse effect on surrounding properties. In 2011, the owners of the
shopping center approached the Village proposing a plan to do major renovations to the center, but informed
the Village they will not be able to do so without Village assistance due to the high cost, the uncertain
( economic climate, and increased MWRD and related requirements. The Village then retained S.B. Friedman
and Company to conduct an eligibility analysis of this area. Based on their report dated February 29, 2012,
S.B. Friedman and Company determined eligibility factors required for the creation of a Tax Increment
Financing District were present for blight in the area. The Village then convened a Joint Review Board
consisting of'representatives of local taxing districts. The Joint Review Board reviewed and recommended
the approval of Tax Increment Financing for the area designated as the Dempster/ Waukegan Redevelopment
Project Area. In order to create a TIE District it is necessary the Corporate Authorities to make certain
findings required by the statute. These findings include the area be more than 1/2 acres in size and conditions
of blighting exist. In order to comply with the Tax Increment Allocation Redevelopment Act (TIF Act), the
Village, after proper notice, held a Public Hearing on April 30, 2012. It also conducted a Joint Review Board
meeting which concluded on May 3, 2012. In addition to these meetings, the Village held approximately
eleven other public meetings where the creation of the Tax Increment Financing District was discussed.
Adoption of this ordinance is necessary to approve Tax Increment Financing for the Dempster /Waukegan
Redevelopment Project Area. Tax Increment Financing will be used to pay redevelopment project costs as
allowed by the Act and as set forth in the plan and project area. The project area is depicted on a map
included as Exhibit "C" of this ordinance. Once tax increment financing has been approved, the County
Collector will pay to the taxing districts within the TIF District that portion of taxes which is attributable to
the Tower of the current Equalized Assessed Value (EAV) or the initial EAV of each taxable parcel within the
TIF District. That portion of taxes which is attributable to the increase in the current EAV over and above
the initial EAV shall be allocated and when collected shall be paid to the Village and deposited in a special
fund designated as the 2012 Dempster /Waukegan Redevelopment Project Area Special Tax Allocation Fund.
Upon approval, this ordinance shall be filed with the County Clerk of Cook County, Illinois.
Programs, Departs
Administration and Legal Departments
or Groups Affected
Fiscal Impact:
N/A
Source of Funds:
N/A
Workload impact:
The Village Administrator and Corporation Counsel will oversee implementation of the plan.
Admin Recommend:
Approval as presented
Second Reading:
June 11,2012
Special Consider or i
None
Requirements:
Respectfully submitted:
Ryan J. Horne, Village Administrator
Prepared by:
Teresa Hoffman Liston, Corporation Counsel
ORDINANCE 12 -17
AN ORDINANCE ADOPTING TAX INCREMENT ALLOCATION FINANCING
RESPECTING THE DEMPSTERAVAUKEGAN REDEVELOPMENT PROJECT AREA IN
THE VILLAGE OF MORTON GROVE, ILLINOIS
WHEREAS, it is desirable and for the best interests of the citizens of the Village of Morton
Grove, Cook County, Illinois (the " L'illage °), for the Village to adopt tax increment allocation
financing pursuant to the Tax Increment Allocation Redevelopment Act, as amended, constituting
Division 74.4 of Article 11 of the Illinois Municipal Code (the "Act"); and
WHEREAS, the President and Board of Trustees of the Village (the "Corporate Authorities ")
have heretofore approved a redevelopment plan and project (the "Plan" and "Project ") as
required by the Act by passage of an ordinance, and have heretofore designated the
Dempster /Waukegan Redevelopment Project Area (the "Area ") as required by the Act by the passage
of an ordinance, and the Village has otherwise complied with all other conditions precedent required
by the Act:
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: Incorporation
of
Recitals. The
foregoing recitals to
this Ordinance are
incorporated in this Ordinance as if
set out in full 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 Ordinance.
SECTION 2: Tax Increment Financing Adopted. Tax increment allocation financing is hereby
adopted to pay redevelopment project costs as defined in the Act and as set forth in the Plan and
Project within the Area as described in Exhibit A attached hereto and incorporated herein as if set out
in full by this reference. The street location (as near as practicable) for the Area is described in Exhibit
B attached hereto and incorporated herein as if set out in full by this reference. The map of the Area is
depicted on Exhibit C attached hereto and incorporated herein as if set out in full by this reference.
SECTION 3. Allocation of Ad Valorem Taxes. Pursuant to the Act, the ad valorem taxes, if
any, arising from the levies upon taxable real property in the Area by taxing districts and tax rates
determined in the manner provided in Section 11- 74.4 -9(c) of the Act each year after the effective date
of this ordinance until the Project costs and obligations issued in respect thereto have been paid shall
be divided as follows:
(a) That portion of taxes levied upon each taxable lot, block, tract or parcel of real property
which is attributable to the lower of the current equalized assessed value or the initial equalized
assessed value of each such taxable lot, block, tract or parcel of real property in the Area shall
be allocated to and when collected shall be paid by the county collector to the respective
affected taxing districts in the manner required by law in the absence of the adoption of tax
increment allocation financing.
(b) That
portion, if any, of
such taxes which is attributable to the increase
in the current
equalized assessed valuation of each lot, block, tract or parcel of real property in
the Area over
and above
the initial equalized
assessed value of each property in the Area shall
be allocated to
and when collected shall be paid to the Village treasurer or to his designee pursuant to Section
207A of the Revenue Act of 1939 of the State of Illinois, as amended, who shall deposit said
taxes into a special fund, hereby created, and designated the "2012 Dempster /Waukegan
Redevelopment Project Area Special Tax Allocation Fund" of the Village, and such taxes shall
be used for the purpose of paying Project costs and obligations incurred in the payment thereof.
SECTION 4: Filing With County Clerk. The Village Clerk is hereby directed to file a
certified copy of this Ordinance with the County Clerk of Cook County, Illinois,
SECTION 5: Invalidity of Any Section. If any section, paragraph or provision of this
Ordinance 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
Ordinance.
SECTION 6: Superseder; Effective Date. All ordinances, resolutions, motions or orders in
conflict herewith be, and the same hereby are, repealed to the extent of such conflict, and this
Ordinance shall be in full force and effect immediately from and after its passage and approval.
PASSED THIS I I" day of June 2012
Trustee
DiMaria
Trustee
Gomberg
Trustee
Grear
Trustee
Marcus
Trustee
Thill
Trustee
Toth
APPROVED BY ME THIS 11 °i day of June 2012
ATTESTED and FILED in my office
This I I`h day of June 2012.
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
2
Exhibit to Ordinance 12 -17
THAT PART OF THE SOUTH HALF OF SECTION 18 AND THAT PART OF THE NORTH HALF OF
SECTION 19 IN TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN
COOK COUNTY, ILLINOIS, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST
CORNER OF LOT 1 IN DEMPSTER - WAUKEGAN ROAD SUBDIVISION, BEING A SUBDIVISION IN
SAID SOUTH HALF OF SECTION 18, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER
15, 1925 AS DOCUMENT NO. 9066534; THENCE NORTHERLY ALONG THE EAST LINE OF SAID
DEMPSTER- WAUKEGAN ROAD SUBDIVISION TO THE NORTHEAST CORNER OF LOT 5 IN
LOCHNEWS RESUBDIVISION, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18.
ACCORDING 'TO THE PLAT THEREOF RECORDED JULY 10, 1997 AS DOCUMENT NO. 97497619;
THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 5 AND ITS WESTERLY EXTENSION
THEREOF TO A POINT OF INTERSECTION WITH THE WEST RIGHT -OF -WAY LINE OF NORMANDY
AVENUE; THENCE SOUTHERLY ALONG SAID WEST RIGHT -OF -WAY LINE TO A POINT ON THE
SOUTH LINE OF THE NORTH 10 FEET OF LOT 18 IN SAID DEMPSTER- WA UKEGAN ROAD
SUBDIVISION; THENCE WESTERLY ALONG SAID SOUTH LINE TO A POINT ON THE WEST LINE
OF SAID LOT 18; THENCE SOUTHERLY ALONG SAID WEST LINE TO THE SOUTHEAST CORNER
OF LOT 28 IN SAID DEMPSTER- WAUKEGAN ROAD SUBDIVISION; THENCE WESTERLY ALONG
THE SOUTH LINE OF SAID LOT 28 TO TILE SOUTHWEST CORNER OF SAID LOT 28; THENCE
WESTERLY TO THE SOUTHEAST CORNER OF LOT 59 IN SAID DEMPSTER - WAUKEGAN ROAD
SUBDIVISION; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 59 TO THE
SOUTHWEST CORNER OF SAID LOT 59; THENCE NORTHERLY ALONG THE WEST LINE OF SAID
LOT 59 AND ALONG THE WEST LINE OF LOTS 58 THRU 44 INCLUSIVE IN SAID
DEMPSTER - WAUKEGAN ROAD SUBDIVISION TO THE NORTHWEST CORNER OF SAID LOT 44;
THENCE NORTHERLY ALONG A LINE TO THE SOUTHEAST CORNER OF LOT 16 IN STEELE'S
MORTON GROVE HIGHLANDS, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18,
ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6, 1924 AS DOCUMENT NO. 8540426;
THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 16 AND ALONG THE EAST
RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING THE EAST LINE OF SAID STEELE'S
MORTON GROVE HIGHLANDS TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT -OF -WAY
LINE OF HAZEL STREET; THENCE NORTHERLY ALONG A LINE TO A POINT OF INTERSECTION
WITH THE NORTH RIGHT -OF -WAY LINE OF SAID HAZEL STREET AND SAID EAST
RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING THE EAST LINE OF SAID STEELE'S
MORTON GROVE HIGHLANDS; THENCE NORTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE
TO THE NORTHEAST CORNER OF SAID STEELE'S MORTON GROVE HIGHLANDS; THENCE
WESTERLY ALONG THE NORTH LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS TO THE
EAST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING THE WEST LINE OF SAID
STEELE'S MORTON GROVE HIGHLANDS; THENCE SOUTHERLY ALONG SAID EAST
RIGHT -OF -WAY LINE TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF SAID HAZEL STREET;
THENCE SOUTHERLY ALONG A LINE TO A POINT OF INTERSECTION WITH THE SOUTH
RIGHT -OF -WAY LINE OF SAID HAZEL STREET AND SAID EAST RIGHT -OF -WAY LINE OF THE
PUBLIC ALLEY ADJOINING THE WEST LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS;
THENCE SOUTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION
WITH THE NORTH RIGHT -OF -WAY LINE CHURCHHILL STREET; THENCE WESTERLY ALONG
SAID NORTH RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY
EXTENTION OF THE WEST RIGHT OF WAY LINE OF NEW ENGLAND AVENUE; THENCE
SOUTHERLY ALONG SAID NORTHERLY EXTENTION AND WEST RIGHT -OF -WAY LINE TO THE
NORTHEAST CORNER OF LOT 127 IN SAID DEMPSTER - WAUKEGAN ROAD SUBDIVISION;
3
THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 127 TO THE NORTHWEST CORNER
OF SAID LOT 127; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 127 TO A POINT
OF INTERSECTION WITH THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 170 IN SAID
DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE WESTERLY ALONG SAID EASTERLY
EXTENSION AND NORTH LINE TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF WAUKEGAN
ROAD; THENCE SOUTHERLY ALONG SAID EAST RIGHT -OFWAY LINE TO A POINT ON THE
SOUTH LINE OF LOT 156 IN DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE EASTERLY
ALONG THE SOUTH LINE OF LOT 156 AND IT'S EASTERLY EXTENSION THEREOF TO A POINT
ON THE EAST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING SAID LOT 156; THENCE
SOUTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE
EASTERLY EXTENSION OF THE NORTH LINE OF LOT 151 IN SAID DEMPSTER- WAUKEGAN ROAD
SUBDIVISION; THENCE WESTERLY ALONG SAID EASTERLY EXTENSION AND NORTH LINE TO
A POINT ON SAID EAST RIGHT -OF -WAY LINE OF WAUKEGAN ROAD; THENCE SOUTHERLY
ALONG SAID EAST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE EASTERLY
EXTENSION OF THE SOUTH LINE OF LOT 24 IN FOREST VIEW SUBDIVISION, BEING A
SUBDIVISION IN SAID SOUTH HALF OF SECTION 18, ACCORDING TO THE PLAT THEREOF
RECORDED MARCH 23, 1925 AS DOCUMENT NO. 8824972; THENCE WESTERLY ALONG SAID
EASTERLY EXTENSION, SOUTH LINE AND WESTERLY EXTENSION THEREOF TO A POINT OF
INTERSECTION WITH THE WEST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING SAID
LOT 24; THENCE NORTHERLY ALONG SAID WEST RIGHT -OF -WAY LINE TO THE NORTHEAST
CORNER OF LOT 114 IN SAID FOREST VIEW SUBDIVISION; THENCE WESTERLY ALONG THE
NORTH LINE OF SAID LOT 114 AND IT'S WESTERLY EXTENSION THEREOF TO A POINT ON THE
WEST RIGHT -OF -WAY LINE OF SAYRE AVENUE; THENCE SOUTHERLY ALONG SAID WEST
RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE WESTERLY EXTENSION OF THE
SOUTH LINE OF SAID LOT 114; THENCE EASTERLY ALONG SAID WESTERLY EXTENSION AND
SOUTH LINE 140 A POINT OF INTERSECTION WITH THE NORTHERLY EXTENSION OF THE WEST
LINE OF LOT 26 IN SAID FOREST VIEW SUBDIVISION; THENCE SOUTHERLY ALONG SAID
NORTHERLY EXTENSION AND WEST LINE TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF
DEMPSTER STREET; THENCE WESTERLY ALONG SAID NORTH RIGHT -OF -WAY LINE TO A POINT
OF INTERSECTION WITH THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 5 IN FINK
AND OTHERS SUBDIVISION, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18 AND
NORTH HALF OF SECTION 19 ACCORDING TO THE PLAT THEREOF RECORDED APRIL 12, 1893 AS
DOCUMENT NO. 1847465; THENCE SOUTHERLY ALONG SAID NORTHERLY EXTENSION AND
WEST LINE TO THE SOUTHWEST CORNER OF SAID LOT 5; THENCE EASTERLY ALONG THE
SOUTH LINE OF SAID LOT 5 TO THE NORTHWEST CORNER OF LOT 460 IN THE FIRST ADDITION
TO DEMPSTER- WAUKEGAN ROAD SUBDIVISION, BEING A SUBDIVISION IN SAID NORTH HALF
OF SECTION 19, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 11, 1927 AS
DOCUMENT NO. 9576777; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 460 AND
THE SOUTHERLY EXTENSION THEREOF TO THE NORTHWEST CORNER OF LOT 430 IN SAID
FIRST ADDITION TO DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE SOUTHERLY
ALONG THE WEST LINE OF SAID LOT 430 AND THE SOUTHERLY EXTENSION THEREOF TO THE
NORTHWEST CORNER OF LOT 401 IN SAID FIRST ADDITION TO DEMPSTER - WAUKEGAN ROAD
SUBDIVISION; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 401 TO A POINT ON A
LINE MEASURED PERPENDICULAR TO THE WEST RIGHT -OF -WAY LINE OF WAUKEGAN ROAD
AT A POINT 355.29 FEET (AS MEASURED ALONG SAID WEST RIGHT -OF WAY LINE) SOUTH OF
THE NORTHEAST CORNER OF LOT 206 IN SAID FIRST ADDITION TO DEMPSTER - WAUKEGAN
ROAD SUBDIVISION; THENCE EASTERLY ALONG SAID PERPENDICULAR LINE TO A POINT ON
THE WEST RIGHT -OF -WAY LINE OF WAUKEGAN ROAD; THENCE SOUTHERLY ALONG SAID
WEST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE WESTERLY EXTENSION
OF THE SOUTH LINE OF THE NORTH 330 FEET OF LOT' 2 IN WHITE'S SUBDIVISION, BEING A
SUBDIVISION IN SAID NORTH HALF OF SECTION 19, ACCORDING TO THE PLAT THEREOF
RECORDED JANUARY 6, 1882 AS DOCUMENT NO. 368124; THENCE EASTERLY ALONG SAID
WESTERLY EXTENSION AND SOUTH LINE OF THE NORTH 330 FEET TO A POINT ON THE
I
CENTER LINE OF THE 16 FOOT PUBLIC ALLEY (NOW VACATED) IN BLOCK 7 IN SCHRADEWS
ADDITION TO MORTON GROVE (NOW VACATED) BEING A SUBDIVISION OF SAID LOT 2 IN
WHITE'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 11, 1892 AS
DOCUMENT NO. 1595582; THENCE NORTHERLY ALONG SAID CENTERLINE TO A POINT ON THE
CENTERLINE OF MAINE STREET (NOW VACATED) AS LAID OUT IN SAID SCHRADEWS
ADDITION TO MORTON GROVE; THENCE EASTERLY ALONG SAID CENTERLINE TO A POINT ON
THE CENTERLINE OF OAK PARK AVENUE (NOW VACATED) AS LAID OUT IN SAID SCHRADEWS
ADDITION TO MORTON GROVE; THENCE NORTHERLY ALONG SAID CENTERLINE TO A POINT
ON THE NORTH LINE OF SAID LOT 2 IN WHITE'S SUBDIVISION; THENCE EASTERLY ALONG
SAID NORTH LINE TO A POINT ON THE EAST LINE OF THE WEST 763 FEET OF THE EAST 26.31
ACRES OF LOT I IN SAID WHITE'S SUBDIVISION; THENCE NORTHERLY ALONG SAID EAST LINE
TO A POINT ON THE SOUTH LINE OF THE PARCEL OF LAND DESCRIBED BY DOCUMENT NO.
90402807, RECORDED AUGUST 17, 1990; THENCE EASTERLY ALONG SAID SOUTH LINE TO A
POINT ON THE EAST LINE OF SAID PARCEL OF LAND DESCRIBED BY DOCUMENT NO. 90402807;
THENCE NORTHERLY ALONG SAID EAST LINE AND NORTHERLY EXTENSION THEREOF TO A
POINT ON THE NORTH RIGHT-OF-WAY LINE OF DEMPSTER STREET; THENCE WESTERLY
ALONG SAID NORTH RIGHT -OF -WAY LINE TO SAID POINT OF BEGINNING.
5
Exhibit B to Ordinance 12 -17
Street Location for 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 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.
Churchill S
Greenwood St
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Map 2: RPA Boundary
0. B Friedman
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Exhibit C to Ordinance 12 -17
Map of Project Area
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RPA Boundary
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February 2012
Dempster /Waukegan Tax Increment Financing District
VILLAGE OF MORTON GROVE, IL
www.sbfriedman.com
Resolution 12 -41
AUTHORIZING A CONTRACTUAL AGREEMENT WITH S.B. FRIEDMAN AND COMPANY TO
PERFORM A PRELIMINARY STUDY RELATING TO THE POSSIBLE CREATION OF A
BUSINESS DEVELOPMENT DISTRICT FOR THE PRAIRIE VIEW SHOPPING PLAZA AND
ADJACENT AREA
Introduced:
May 14,2012
Synopsis:
This resolution will authorize a contract between the Village of Morton Grove and S.B. Friedman and
Company to perform an eligibility study and redevelopment plan and assist with designated services for a
proposed business district for that area which is commonly known as the Dempster /Waukegan Road
Redevelopment Project Area.
Purpose:
The creation of a business district will assist the Village to meet its goals to address blighting conditions in
the Dempster /Waukegan Redevelopment Project Area, and will free up revenue that will be used to support
Revenue Sharing Agreements with local school districts.
Background:
i The Prairie View Shopping Center and adjacent areas have seen deterioration over the past several years. In
201 1, S.B. Friedman and Company undertook a study with the creation of a Tax Increment Financing District
for this area and found the area met the qualifications for blight as required by the Tax Increment Allocation
Redevelopment Act. The Corporate Authorities pursuant to Ordinances 12 -15, 12 -16, and 12 -17 have or will
approve a redevelopment plan and project area, tax increment financing, and designate the
Dempster /Waukegan Redevelopment Project Area pursuant to the TIE Act. In order to create this TIF
District, the Village convened aJoint Review Board consisting of representatives from local taxing bodies.
'The Joint Review Board has recommended approval of the creation of the THE District provided the Village
enters into Revenue Sharing Agreements with School District 67 and School District 70, School District 67
and School District 70 have approved in principle Revenue Sharing Agreements which would provide
revenue to the school districts equal to '/4% of the Local Option Municipal Sales Taxes collected by the
Village within the TIF District. The creation of a business district would allow the Village to impose and
collect additional sales taxes in this District which will assist the Village in meeting its obligations under the
contemplated Revenue Sharing Agreements. A Business District can be established as Tong as it meets at
least one factor as set forth in the Illinois Business District Act. These factors include inadequate street
layout, deterioration of site improvements, improper subdivision or obsolete planning, unsanitary or unsafe
conditions, or dangerous conditions. Since S.B. Friedman and Company has already conducted a study of
this area, Village staff approached S.B. Friedman for a proposal to conduct an eligibility study, prepare a
redevelopment plan, and assist the Village in the creation of a Business District. A copy of S.R. Friedman's
proposal is attached hereto as Exhibit "A ". S.B. Friedman proposes to conduct an eligibility study of the TIF
District, prepare a redevelopment plan and project, and assist the Village in the public approval process. It is
estimated this work will take approximately 60 days for the preparation of the eligibility study and plan and
approximately another 60 days for the approval process. In order for the Village to begin collecting
additional sales taxes in the District as of January 1, 2013, it is necessary the ordinances to create a Business
District be approved and filed with the appropriate governmental authorities on or before October 1, 2012.
S.B. Friedman's proposal for its services are approximately $21,000 which Village staff reviewed and
deemed to be reasonable.
Programs, Departs
Administration, Community and Economic Development, Finance, and Legal Departments
or Groups Affected
Fiscal Impact:
$21,000
Source of Funds:
General Fund
Workload Impact:
The Village Administrator, Director of Community and Economic Development Director, Finance Director,
and Corporation Counsel will assist S.B. Friedman and Company in the preparation of the eligibility study
and plan and completion of the approval process.
Admin Recommend:
Approval as presented
Second Reading:
N/A
Special Consider or
None
Requirements:
Respectfully submitted:
Ryan J. Horne, Village Administrator
Prepared by:
Teresa Hoffman Liston, Corporation Counsel
RESOLUTION 12 -41
AUTHORIZING A CONTRACTUAL AGREEMENT
WITH S.B. FRIEDMAN AND COMPANY
TO PERFORM A PRELIMINARY STUDY RELATING TO THE POSSIBLE CREATION
OFABUSINESS DEVELOPMENT DISTRICT
FOR THE PRAIRIE VIEW SHOPPING PLAZA AND ADJACENT 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 Prairie View Shopping Plaza (Center) is located at the southeast corner of
Dempster and Waukegan Road in the Village of Morton Grove, and consists of approximately 26.5 acres
in the Village's C -1 Commercial District; and
WHEREAS, the Prairie View Shopping Plaza and adjacent areas have seen deterioration over the
past several years. In 2011, S.B. Friedman and Company undertook a study for the creation of a Tax
Increment Financing District for this area, and found the area met the qualifications for blight for the
creation of a Tax Increment Financing District; and
WHEREAS, the Board pursuant to Ordinance 12 -15 Adopting and Approving a Tax Increment
Redevelopment Plan and Project Area in the Vllage, Ordinance 12 -16 Designating the
Dempster /Waukegan Redevelopment Project Area Pursuant to the Tax Increment Allocation
Redevelopment Act, and Ordinance 12- 17Adopting a Tax Increment Allocation Financing Respecting
the Dempster /Waukegan Redevelopment Project Area in the Vllage; and
WHEREAS, in order to create this Tax Increment Financing District, the Village established a
,Joint Review Board consisting of representatives from local taxing bodies including Elementary School
District 67 and Elementary School District 70, Oakton Community College District, Niles Township
High School District 219, the Morton Grove Park District, the Morton Grove Public Library, and Niles
Township. The Joint Review Board reviewed and concurred with the findings set forth in the S.B.
Friedman report and recommended approval of the three ordinances set forth above provided the Village
enters into a Revenue Sharing Agreement with the elementary school districts; and
WHEREAS, the Village and School District 67 and School District 70 have approved in
principal Revenue Sharing Agreements whereby School District 67 and School District 70 shall receive
revenue equal to one quarter percent (0.25 %) of the Local Option Municipal Sales Taxes collected by
the Village within the TIF District; and
WHEREAS, in order to provide additional funds for the payment of these Revenue Sharing
Agreements, the Village is investigating whether it may create a Business District within the TIP
District; and
WHEREAS, a Business District is created pursuant to the Illinois Business District Act 65 ILCS
5 -11 -74.3 which can be established so long as the area meets at least one or a combination of factors
including the predominance of non - existent or inadequate street layout; deterioration of site
improvements; improper subdivision or obsolete planning; unsanitary or unsafe conditions; conditions
that endanger life or property by fire; or other causes; and
WHEREAS, if a Business District is established, the Village can elect by ordinance to impose
pre -sales taxes in one quarter percent (0.25 %) increments up to one percent (1 %) within the District;
said funds can be used within the District for costs allowable under the Illinois Business District Act;
and
WHEREAS, in order to determine whether the TIF District also meets the qualifications for a
Business District it is necessary to undertake an additional study; and
WHEREAS, S.B. Friedman and Company has the knowledge and expertise in preparing
Business District Studies, and has already performed certain research and has knowledge of the
proposed Business District area; and
WHEREAS, Village staff believes S.B. Friedman's knowledge as to the Waukegan /Dempster
TIF District Area will be beneficial in assessing the feasibility of the creation of a Business District for
this area; and
WHEREAS, S.B. Friedman has provided a proposal to conduct a preliminary study at a cost of
approximately twenty thousand dollars ($20,000) which is attached hereto as Exhibit "A ": and
WHEREAS, authorization is needed to direct S.B. Friedman and Company to conduct the study
as described above.
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 to a contractual agreement with S.B. Friedman and Company to
undertake a study related to the creation of a Business District for the Prairie View Shopping Plaza and
adjacent properties relative to the creation of a Tax Increment Financing (TIF) District for the Prairie
View Shopping Plaza, but only if the owners of the Prairie View Shopping Plaza agree in writing to
reimburse the Village for the cost of this study.
SECTION 3: The Village Administrator and Community and Economic Development Director
are hereby authorized to coordinate the implementation of this contract with S. B. Friedman and
Company.
SECTION 4: This Resolution shall be in full force and effect upon its passage and approval.
PASSED this 14°' day of May 2012.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
DiMaria
Gomberg
Grear
Marcus
Thill
Toth
APPROVED by me this 14`' day of May 2012
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED wad FILED in my office
This 15r� DAY of May 2012.
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
EXHIBIT "A"
S. B. Friedman W Company) 227 North LaSalle Street, Suite 820 j Chicago, 11 60601 ( 7 (312) 424- 4250 1 F (3121 424 -4262
May 9, 2012
Mr. Ryan Horne
Village Administrator
Village of Morton Grove
6101 Capulina Ave.
Morton Grove, IL 60053 -2902
Re: Business District Eligibility Study and Redevelopment Plan and Designation Proposal
Dear Mr. Horne:
S. B. Friedman & Company is pleased to present this proposal to prepare an Eligibility Study and
Redevelopment Plan and assist with designation services for a proposed Business District in the Village
of Morton Grove, Illinois. This proposal letter outlines our proposed scope of services, timeframe and
fees.
It is our understanding that the Village of Morton Grove ( "the Village ") is considering creating a Business
District covering the area within the proposed Dempster /Waukegan Tax Increment Financing (TIF)
District ('TIF District ") boundary. The primary goal of the proposed Business District is to provide a
source of funds to assist in redeveloping commercial property within the study area. The Village
anticipates using Business District funds to construct public improvements within the area, including
upgrading stormwater facilities, and to facilitate commercial /retail building construction. In order to
establish the district, the Village is seeking assistance in preparing a Business District Eligibility Study and
Redevelopment Project and Plan, and securing plan approval /district designation.
Scope of Services
Our proposed scope of the services for this assignment is broken down into three phases:
1) Frame Eligibility Analysis
2) Plan and Report Preparation
3) Public Approval Process
The following outlines our specific scope of services for each phase.
PHASE I: CONDUCT /FRAME ELIGIBILITY STUDY FOR THE PROPOSED BUSINESS DISTRICT
We will begin
this phase by
confirming the study
area
boundary and timeframe with Village staff and
other counsel
as necessary.
It is our understanding
that
the Village would like to target January 2013 as
58 FRIEDMAN I DEVELOPMENT ADVISORS I www.sbfriedman.com
Village of Morton Grove Business District Designation
the effective date for the Business District tax increase. We will work with you to draft a Business District
designation schedule that strives to meet your preferred timeline balanced with statutory requirements.
There is a reasonable amount of overlap between the eligibility criteria outlined in the TIF statute and in
the Business District statute. Since the Village contemplates having the same boundary for both the TIF
District and the Business District, we will capitalize on the research completed for the TIF eligibility study
to frame the rationale for establishing a Business District.
The Business District statute notes in 65 ILCS 5/11- 74.3 -5 ( "the Act ") that one or a combination of the
following factors must be present to the extent that it "constitutes an economic or social liability, an
economic underutilization of the area, or a menace to the public health, safety, morals, or welfare ":
• Predominance of defective, non - existent or inadequate street layout;
• Unsanitary or unsafe conditions;
• Deterioration of site improvements;
• Improper subdivision or obsolete platting; and /or
• Existence of conditions that endanger life or property by fire or other causes.
We expect to designate the Business District based on the presence of site improvement deterioration
and improper subdivision /obsolete platting.
Using our recent field research and other analysis from the TIF eligibility study as a basis, we will review
the presence of factors to establish eligibility on the basis of blight and /or lack of investment (including
refreshing our analysis where needed) and document our findings into a Redevelopment Plan and
Project.
PHASE II: PREPARE REDEVELOPMENT PLAN & PROJECT
Activities in the Business District are governed by a Business District Development or Redevelopment
Plan that must include the following items:
• Legal and Street description of the District's boundary, including a map
• General description of proposed projects
• Location of proposed projects
• District name
• Estimated project costs
• Anticipated sources of funds to pay project costs
• Anticipated type and term of obligations to be issued
• Tax rate(s)to be imposed
A series of maps of the proposed Business District will also be prepared and included in the report.
These maps will include community context, proposed boundary and existing land use.
The Eligibility Study and Redevelopment Plan document will be submitted to Village staff for review, and
any recommended changes will be incorporated. The report will be finalized and filed with the Village
Clerk.
56 FRIEDMAN I DEVELOPMENT ADVISORS 2 www.sbfriedman.com
Village of Morton Grove Business District Designation
PHASE III: PUBLIC APPROVAL PROCESS
The Village will be required to provide public notice of select meetings per the Act. We will work with
the Village attorney and /or other special counsel to ensure appropriate noticing.
We will attend the following meetings: the Village Board Meetings introducing the ordinance(s) to
designate the Business District; the Public Hearing; and the district approval meeting. For efficiency
purposes, the enclosed budget assumes the Board meeting at which the ordinance to approve the
Business District is introduced will occur on the same day as the Public Hearing. If requested, we can
attend additional meetings.
Tinnefrarne and Fees for Designation
On the basis of the scope of the work outlined herein and our experience with similar projects, we
estimate that it will take approximately 60 days from the initiation of Phase I until we file the plan with
the Village Clerk, and approximately 30 to 60 days for the approval process. Again, we will work with you
to meet specific deadlines, where possible.
Professional fees for this service will be based on time required at the billing rates of the S. B. Friedman
& Company personnel assigned to the project. The scope of the engagement and our experience with
similar services indicate that our professional fees and expenses, including a 3% contingency, are
estimated as follows, and are detailed in the attached budget sheet.
Phase l: Eligibility Study and Memo
Phase II: Prepare Redevelopment Plan & Project
Phase III: Public Approval Process
Total Professional Fees
General Expenses
Contingency (°3 %)
Total S. B. Friedman & Co. Fees & Expenses
Other District Designation Expenses
Boundary Legal Description (if different from TIF boundary)
Notices in Newspaper of Local Circulation
TOTAL COSTS
$7,050
$7,800
$5,100
$19,950
$500
$550
$21,000
To be incurred by Village directly
TBD
$21,000
Actual billings will
be based on time expended
at the special project hourly
rates that are currently as
follows:
President $250
Practice Leader $225
Senior Project Manager $200
Project Manager $175
SR FRI €DMAN ( DEVELOPMENT ADVISORS 3 www.sbfriedman.com
Village of Morton Grove Business District Designation
Associate Project Manager $150
Associate $115
Research Associate $105
Intern /Data Entry /Support $ 75
Travel, publications, maps, outside data, report reproduction of the final plan, and other out -of- pocket
expenses will be billed as incurred without markup. We have not included an allowance for the cost of
placing notices in the local newspaper or a revised boundary legal description.
This fee estimate is subject to revision if the engagement entails more time than estimated due to
problems that are encountered that could not reasonably have been foreseen at the commencement of
the engagement, or if the scope is changed. In this event, we will discuss the matter with you so that a
mutually acceptable revision may be made. If the time spent on this engagement is substantially less
than we have estimated, we will bill you a lesser amount. This estimate contemplates the following
meetings:
• Village Board Meeting: Introduction of the Ordinance Proposing the Business District
• Village Board Meeting: Introduction of the Ordinance to Approve the Business District/ Public
Hearing
• Business District Ordinance Approval Meeting
Additional meeting time and additional services beyond what has been included in the budget will be
billed at project hourly rates outlined above.
Invoices will be rendered monthly as our work progresses for services and costs incurred. These
invoices are payable within 30 days.
If at any point the decision is made to discontinue our services, our fee will be based upon the actual
time expended and out -of- pocket costs incurred to that date.
The attached "Limitations of Engagement" apply to this assignment.
5B FRIEDMAN I DEVELOPMENT ADVISORS 4 www.sbfriedman.corn
Village of Morton Grove Business District Designation
/acceptance Procedures
Thank you for the opportunity to submit this proposal. Please contact Steve Friedman at (312) 424 -4260
or Jewell Walton at (312) 384 -2403 if you have any questions regarding our proposal.
To
authorize us
to begin
this assignment, please
sign below and return a copy to us as our authorization
to
proceed.
Sincerely,
Stephen B. Friedman, AICP, CRE Jewell Walton, AICP
President Project Manager
Signature Title
Printed Name Date
SS FRIEDMAN I DEVELOPMENT ADVISORS 5 wwwsbfriedman.com
Village of Morton Grove Business District Designation
513 FRIEDMAN ( DEVELOPMENT ADVISORS 6 www.sbfriedman.com
S. B. Friedrtwn & Company
s ecl a
t Business D wict
Bitter I tt Rates
Project.
- -- _.
President
Manager
Associate
Total
-- - _
$ 250 $
125 $
115
Total Cost
II
Research and Eligibility Analysis
_
Cr ea tic/confirrin h Maine & floundary
_
Bevis it 11 F Eli in of 11 ty Cr ter a (or Apphca bi l i ty to Bus r ness Da s Gr terra
2,
2
4
Al l owe nce to par do h Fr el dwork &Analysis
4..
8
12
nput Data Summer to a red Anal yze bust ness Or t sit ct El I in or i ty Cnter l a
1
6
2
12
18
Cali set in Vll age to DE acuss El i re oil try Fr put ngs
_
6
9
_
_
2
2
Subtotal Hours: Elgrbidy Research and Analysis
47
5
16
Subtotal Fees: Eligibility Research and Analysis
$
2,040
$ 1,250 $
2,800 $
26
2,990
$
47
2,040
III Redevelopment Plan and Project Preparation
bar to Fr rst Ora it of plan & Report
2'.
Prepa re Ma es a no Gra phi cs
16
16
34
Ma ke Bear sons /F no i ze Report
2
8
10
1
4
4
9
Subtotal Hours: Prepare Plan and Report
53
3
22
28
53
Subtotal Fees. Prepare Plan and Report _
$
2,820
$ 750 $ _
3,850 $
3,220
$
7,820
111 Pubi¢Approved Process
Village Board Meeting manducion of Ordinance to Propose the BOB
4
4
village eoOMMee Ong Introduction of Ordinances to Approve the BDO /PUbic Hearng
4;
4;
8
Approval Meeting
--
8
-
8
Subtotal Hours: Public Approval Process
24
12
Subtotal Fees. Public Approved Process _
$
5,100
$ 3,000 $ ...
12
2,100 $
-
$
24
5,100
Hours
124
20
so
54
124
ees
$
19.960
$ 5000 $
8,750 $
6210
$
19,960
Professional Fees ,..
F
$
19,960
Contingency ..
3.0%
$
550
Professional Fees with Contingency
$
20,510
xpeases jest mate) _.. '. _..._
$
500.
_..
._..
...
_.
,.egal_
filled dvectly to Village
Total project Budget
$
21,010
No ter Meetings in imlics.
513 FRIEDMAN ( DEVELOPMENT ADVISORS 6 www.sbfriedman.com
Village of Morton Grove Business District Designation
LIMITATIONS OF ENGAGEMENT
Our report will be based on estimates, assumptions and other
knowledge of the industry, and meetings during which we will o
of information and bases of the estimates and assumptions
assumptions inevitably will not materialize, and unanticipated
therefore, actual results achieved during the period covered by
those described in our report, and the variations may be material
information developed from research,
btain certain information. The sources
will be stated in the report. Some
events and circumstances may occur;
our analysis will necessarily vary from
The terms of this engagement are such that we have no obligation to revise the report to reflect events
or conditions which occur subsequent to the date of the report. These events or conditions include,
without limitation, economic growth trends, governmental actions, changes in assessment practices,
changes in the statute, interest rates, and other factors. However, we will be available to discuss the
necessity for revision in view of changes in the economic or market factors affecting the proposed
project.
Our report will be intended solely for your information, for submission to the Village Board for purposes
of establishing a Business District, and for use in evaluating a public - private development transaction(s)
with proposed developer(s). It should not be relied upon by any other person, firm or corporation, or
for any other purposes. Neither the report nor its contents, nor any reference to our firm, may be
included or quoted in any offering circular or registration statement, appraisal, sales brochure,
prospectus, loan, or other agreement, or document intended for use in obtaining funds from individual
investors.
Our services will not include the drafting of ordinances related to the establishment of the District or the
adoption of Business District taxes.
SB FRIEDMAN I DEVELOPMENT ADVISORS 7 www.sbfriedman.com
Legislative Summary
Ordinance 12 -19
AMENDING TITLE 51 CHAPTER 13, ARTICLE G, SECTION 5- 13G -1,' 4SNOW ROUTES"
OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE
Introduced:
Synopsis:
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
Second Reading:
Special Considerations or
Requirements:
Respectfully submitted:
May 14, 2012
This ordinance will amend Title 5, Chapter 13, Article G, Section 5- 13G -1, of
the Municipal Code establishing designated snow routes throughout the Village.
To add Kirk Street from Lehigh Avenue to Nagle Avenue to the list of
designated snow routes as shown in Title 5, Chapter 13, Article G of the
Municipal Code.
Snow and ice removal is difficult along this section of Kirk Street due to the
amount of parked vehicles along with a large volume of truck and vehicle traffic.
Designating Kirk Street a snow route will greatly enhance snow removal
operations.
Public Works and Police Departments
$150.00
General Fund
Signage will be installed by the Street Department with enforcement conducted
by the Police Department
Approval as presented
Required — Code Book Change — Second Reading June 11, 2012
None
Prepared by: /� >a Reviewed ,by:S�
Andy Monte, Public Works Director Teresa Hoffman Li ton, Corporation Counsel
AMENDING TITLE 5, CHAPTER 13, ARTICLE G, SECTION 5- 13G -1, "SNOW
ROUTES" 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 Public Works Department as one of its functions routinely reviews
signage throughout the Village in order ensure ordinances accurately reflect the needs of the
community; and
WHEREAS, snow and ice removal is difficult along this section of Kirk Street due to the
amount of parked vehicles and the large volume of truck and vehicle traffic; and
WHEREAS, staff recommends the designation of Kirk Street as a snow route in order to
enhance its snow removal operations; and
WHEREAS, the Village Board of Trustees believes the best interest of the Village of
Morton Grove will be served by concurring with the preceding recommendations.
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 following provision be added to the existing Municipal Code, Title 5,
Chapter 13, Article G, Section 5- 13G -1, of the Municipal Code establishing designated snow
routes, and shall read as follows:
5- 13G -1: SNOW ROUTE STREETS: The following streets are hereby designated as
snow route streets and parking thereon shall be prohibited after one inch (1 ")
snowfall until such time as snow removal operations shall be completed:
Kirk Street between Lehigh Avenue and Nagle Avenue
SECTION 3: The Director of Public Works is hereby authorized and directed to erect
such signs as detailed in this Ordinance.
SECTION 4: This ordinance shall be in full force and effect upon its approval and
publication.
PASSED this I 1 "' day of June 2012,
Trustee
DiMaria
Trustee
Gomberg
Trustee
Grear
Trustee
Marcus
Trustee Thill
Trustee Toth
APPROVED by me this 11`" day of June 2012.
Daniel ;I. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
this 11 "' day of June 2012.
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook Comity, Illinois
Legislative Summary
IF ORDINANCE 12 -20
AMENDING TITLE 5, CHAPTER 13, ARTICLE F,
SECTION 2 ENTITLED "NO PARKING DURING CERTAIN HOURS" AND TITLE 5, CHAPTER 13,
ARTICLE F, SECTION 3 ENTITLED "TIME LIMIT PARKING ZONES"
OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE
Introduced
Objective
Purpose
Background
Programs, Departs
or Groups Affected
Fiscal Impact
Source of Funds
Workload Impact
Admin Recommend
Second Reading
Special
Considerations or
May 14, 2012
To amend Title 5, Chapter 13, Article F, Section 2 Entitled "No Parking During Certain Hours"
and Title 5, Chapter 13, Article F, Section 3 Entitled "Time Limit Parking Zones" of the
Municipal Code
To change the parking restrictions on Oriole Avenue to have the parking restrictions coincide
with Melzer School business hours to facilitate the school's arrival and departure
procedures, and to correct a technical deficiency associated with this change.
The Traffic Safety Commission received a request from the principal at Melzer School
asking the Village to amend the parking restrictions on Oriole Avenue, between Lyons
Street and Wilson Terrace, to be in effect from 8:30 am to 4:00 pm. There are signs
posted restricting parking on both sides of Oriole Avenue between Lyons Street and
Emerson Street - Monday through Friday between the hours of 8:00 a.m. to 9:00 a.m. and
2 p.m. to 3:30 p.m. However, this restriction is not codified in the Municipal Code. The
timing of the school's request follows a change in the school's hours of operation. The
Traffic Safety Commission recommends the Village amend the parking restrictions to
prohibit parking on Oriole Avenue between Lyons Street and Emerson Street from 8:45
a.m. to 9:30 a.m. and from 3:00 p.m. to 4:00 p.m. The principal at Melzer School
supports the Traffic Safety Commission's recommendation. Staff further recommends to
amend the codified limits of a Fifteen Minute Parking restriction affected by this change
to match the limits posted in the field.
Public Works, Engineering Division
$100
General Fund Account Number 025017 - 563130
The Public Works Department, Engineering Division, as part of their normal work activities.
Approval as presented.
Required — Municipal Code Change
N/A
Requirements
Respectfully submitted:
Ryan ionic, illage Administrator
Reviewed by:
Prepared by: �� Reviewed by:
Chris Tomich, Vil(age Engineer
Public Works
Liston, Corporation Counsel
AMENDING TITLE 51 CHAPTER 13, ARTICLE F,
SECTION 2 ENTITLED "NO PARKING DURING CERTAIN HOURS" AND TITLE 5,
CHAPTER 13, ARTICLE F, SECTION 3 ENTITLED 44TIME LIMIT PARKING ZONES"
OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois,
can exercise any power and perform any function pertaining to its government affairs, including but not
limited to the power to tax and incur debt; and
WHEREAS, the Village established the Traffic Safety Commission to receive, review, and present
recommendations to the President and Board of Trustees regarding requests or inquiries on matters
involving traffic safety, including requests for installation of traffic control devices; and
WHEREAS, the Traffic Safety Commission received a request to amend the parking restrictions
on Oriole Avenue, between Lyons Street and Wilson Terrace, to be in effect from 8:30 am to 4:00 pm;
and
WHEREAS, the Traffic Safety Commission, at its regularly scheduled meeting at 7:30 pm on May
3, 2012, at the Richard T. Flickinger Municipal Center, considered the above referenced request; and
WHEREAS, notifications of the meetings were sent to residents in the area; and
WHEREAS, the purpose is to have the parking restrictions coincide with Melzer School business
hours to facilitate the school's arrival and departure procedures; and
WHEREAS, there are signs posted restricting parking on both sides of Oriole Avenue between
Lyons Street and Emerson Street on Monday through Friday between the hours of 8:00 a.m. to 9:00 a.m.
and 2 p.m. to 3:30 p.m., but this restriction is not codified in the Municipal Code; and
WHEREAS, the Traffic Safety Commission recommends the Village amend the parking
restrictions to prohibit parking on Oriole Avenue between Lyons Street and Emerson Street from 8:45
a.m. to 9:30 a.m. and from 3:00 p.m. to 4:00 p.m.; and
WHEREAS, there is a Fifteen Minute Parking restriction posted on the east side of Oriole Avenue
between Emerson Street and Wilson Terrace which is effective 8 a.m. to 3:30 p.m., Monday through
Friday; and
WHEREAS, the Municipal Code has a Fifteen Minute Parking restriction, on the east side of
Oriole Avenue between Lyons Street and Wilson Terrace which is effective 8 a.m. to 3:30 p.m., Monday
through Friday; and
WHEREAS,
the
limits of the posted signage do not match the limits
in the Municipal Code; and
WHEREAS,
this
condition has existed for several years, and staff is
not aware of complaints from
residents or Melzer School which are related to this technical deficiency; and
WHEREAS, staff therefore recommends correcting this technical deficiency by amending the
Municipal Code to match the limits of the Fifteen Minute Parking restriction as posted.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COINTY, 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 5, Chapter 13, Article F, Section 2 Entitled "No Parking During Certain
Hours" of the Municipal Code is hereby amended to add the following restriction:
5- 13F -2: NO PARKING DURING CERTAIN HOURS: There shall be no parking at the times
listed below on any of the following streets; and the Director of Public Works or his
designee shall place "no parking" signs in or at suitable places within the no parking zones herein
established which specify the parking restrictions herein established:
Street Between
Oriole Avenue Lyons Street acrd Emerson
Street
Side of Street Dav and Time
Both Monday through Friday
from 8:45 A.M. to 9:30
A.M. and 3:00 P.M. to
4:00 P.M.
SECTION 3: Title 5, Chapter 13,
Article
F, Section 31 Entitled "Time
Limit Parking Zones:
Fifteen Minute Parking" of the Municipal
Code is
hereby amended to delete the
following restriction:
5- 13F -3.E: TIME LIMIT PARKING ZONES: FIFTEEN MINUTE PARKING: There shall be a
time limit on parking on the following streets and at the following times within the zone specified
herein and the director of public works shall place "Limited Parking" signs in or at suitable places
within the limited parking zones herein established which shall specify the parking restrictions
herein established:
Street Between Side of Street Dav and Time
Oriole Avenue Lyons Street and Wilson East 8:00 A.M. to 3:30 P.M.
Terrace Monday through Friday
SECTION 4: Title 5, Chapter 13, Article F, Section 3.E Entitled "Time Limit Parking Zones:
Fifteen Minute Parking" of the Municipal Code is hereby amended to add the following restriction:
5- 13F -3.E: TIME LIMIT PARKING ZONES: FIFTEEN MINUTE PARKING: There shall be a
time limit on parking on the following streets and at the following times within the zone specified
herein and the director of public works shall place "Limited Parking" signs in or at suitable places
within the limited parking zones herein established which shall specify the parking restrictions
herein established:
Street Between Side of Street Day and Time
Oriole Avenue Emerson Street and Wilson East 8:00 A.M. to 3:30 P.M.
Terrace Monday through Friday
SECTION 5: The Director of Public Works and/or his designee is hereby authorized and directed
to remove any conflicting signs and erect such signs as detailed in this Ordinance.
SECTION 6: This ordinance shall be communicated to residents adjacent to the parking
restrictions via a letter, which shall be received as evidence of the passage and legal publication of this
Ordinance.
SECTION 7: This ordinance shall be in full force and effect upon its approval and publication.
PASSED THIS 14th day of May 2012
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
DiMaria
Gomberg
Grear
Marcus
Thill
Toth
APPROVED BY ME THIS 14th day of May 2012
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 15th day of May 2012.
Tony S. Kalogerakos, Village Clerk.
Village of Morton Grove
Cook County, Illinois
Leeislative Summary
Resolution 12 -42
AUTHORIZING THE EXECUTION OF A CONTRACT EXTENSION
WITH NORTH
SUBURBAN ASPHALT MAINTENANCE, INC.
FOR THE 2012 CRACKSEALING PROGRAM
Introduced:
May 14, 2012
Synopsis:
To authorize the Village President to execute a contract extension with North
Suburban Asphalt Maintenance, Inc. for the 2012 Cracksealing Program.
Purpose:
The 2012 Cracksealing Program is an annual preventative maintenance program
that can delay the onset of pavement deterioration if done at the appropriate time in
the life of a pavement surface and reduce the life cycle cost of maintaining a street.
Background:
The Village of Morton Grove, Village of Glenview, Village of Wilmette, and
Village of Winnetka have formed a Cooperative Procurement Program,
administered at no cost to Village of Morton Grove by the Village of Glenview to
provide Cracksealing services for a three -year term from 2010 -2012. It is reasonable
to expect the larger quantities included in a cooperative purchase would reduce the
cost of the work for each Village. Municipal Code Title I, Chapter 9, Article A,
Paragraph 6E allows for this Cooperative Procurement Program. North Suburban
Asphalt Maintenance, Inc. performed the work satisfactorily in 2010 and is
available to complete the work.
Programs, Departments
Public Works, Engineering Division
or Groups Affected
Fiscal Impact:
The estimated contract value is $100,000.00. Since this is a unit price contract, the
final contract amount will be based on the actual quantity of work performed.
Source of Funds:
Capital Project Fund - Account No.: 305060 - 553300.
Workload Impact:
The Public Works Department, Engineering Division, as part of their normal work
activities, performs the management and implementation of the program.
Administrator
Approval as presented.
Recommendation:
Special Considerations or 11
None
Requirements:
Respectfully submitted:
Ryan J. Horne, Village Administrator
Prepared by: �j� a i - -- Reviewed by:
Chris Tomich, Village Engineer
Reviewed by: _
Teresa Hoffinan Liston C rporation Counsel
f D
eMonte, , Director of Public Works
AUTHORIZING TIIE EXECUTION OF A CONTRACT EXTENSION WITH
NORTH SUBURBAN ASPHALT MAINTENANCE, INC.
FOR THE
2012 CRACKSEALING 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 Cracksealing Program is an annual preventative maintenance program which
can delay the onset of pavement deterioration if done at the appropriate time in the life of pavement surface
and reduce the life cycle cost of maintaining a street; and
WHEREAS, the Village of Morton Grove, Village of Glenview, Village of Wilmette, and Village of
Winnetka have formed a Cooperative Procurement Program, administered at no cost to Village of Morton
Grove by the Village of Glenview, to provide cracksealing services for a three -year term from 2010 -2012;
and
WHEREAS, Municipal Code Title 1, Chapter 9, Article A, Paragraph 6E allows this Cooperative
Procurement Program;
WHEREAS, the Village of Glenview Public Works Department procured a contract in 2010 with
North Suburban Asphalt Maintenance, Inc. of Niles, Illinois for "RFB #210020 Crack Sealing Services for
the Villages of Glenview, Morton Grove, Wilmette and Wimletka ", which included the scope of work for the
2012 Cracksealing Program; and
WHEREAS, North Suburban Asphalt Maintenance, Inc. performed the work for the 2010
Cracksealing Program in a satisfactory manner; and
WHEREAS, the estimated contract amount for the work to be completed on the 2012 Cracksealing
Program is $100,000.00; and
WHEREAS, the work will be completed on various streets within the Village; and
WHEREAS, funding for the above work is included in the Village of Morton Grove 2012 Adopted
Budget in Account Number 305060 - 553300.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGzE 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 extension with North Suburban Asphalt Maintenance, Inc., for the
2012 Cracksealing Program in an amount not to exceed $100,000.00.
SECTION 3: The Village Administrator, Director of Public Works, Village Engineer and their
designees are hereby authorized to take all steps necessary to oversee and implement this contract.
SECTION 4: This Resolution shall be in full force and effect upon its passage and approval.
PASSED THIS 14 °i DAY OF MAY 2012
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
DiMaria
Gomberg
Grear
Marcus
Thill
Toth
APPROVED BY ME THIS 10' DAY OF MAY 2012
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 14 °i DAY OF MAY 2012
Tony S. Kalagerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Leuislative Summary
Resolution 12 -43 j
AUTHORIZING THE EXECU'T'ION OF A CONTRACT
WITH G &L CONTRACTORS, INC.
FOR THE 2012 CONCRETE REPLACEMENT PROGRAM
Introduced:
Synopsis:
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
Second Reading:
Special Considerations or
Requirements:
May 14, 2012
To authorize the Village President to execute a contract with G &L
Contractors, Inc. for the 2012 Concrete Replacement Program.
The 2012 Concrete Replacement Program is necessary to repair sidewalks,
curbs and gutters, streets, and utility repairs.
Due to reduction in personnel, the Public Works Department eliminated its
Concrete Division in 2011. This work now needs to be outsourced.
Public Works Street Department & Engineering Division
The estimated contract value is $67,895.00. Since this is a unit price
contract, the final contract amount will be based on the actual quantity of
work performed.
General Fund - Account No.: 025017-55-2290.
The Public Works Street Department & Engineering Division, as part of their
normal work activities, performs the management and implementation of the
program.
Approval as presented.
Not required
None
Respectfully submitted: r
Ryan J. H(irne, Village Administrator
Prepared by: z Reviewed by: rs
And e Monte, Director of Public Works Teresa Nof i stop, Corporation Counsel
AUTHORIZING THE EXECUTION OF A CONTRACT WITH
G &L CONTRACTORS INC.
FOR THE
2012 CONCRETE REPLACEMENT 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 Concrete Replacement Program is necessary in order to maintain the
Village's infrastructure; and
WHEREAS, the Public Works Department advertised in the April 5, 2012, issue of the Pioneer Press
Newspaper inviting bids on the "2012 Concrete Replacement Program "; and
WHEREAS, six general contractors obtained the bidding materials; and
WHEREAS, two bids were received, publicly opened and read at the Public Works Facility at 10:00
a.m. on Thursday May 3, 2012, with the bid results as follows:
; and
Contractor
Total
G &L Contractors, Inc. $67.895.00
Schroeder & Schroeder Inc. $77.375.00
WHEREAS,
the low bidder is
G &L Contractors, Inc. of Skokie, Illinois: and
WHEREAS,
the qualifications
and availability of the low bidder have been
verified; and
WHEREAS,
funding for the above work is included in the Village of Morton
Grove 2012 Budget in
(Account Number 025017 -55 -2290) in the amount of $80,000.
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 the company listed and described on this Resolution for the "2012 Concrete
Replacement Program" be approved in this Resolution.
SECTION'): The Village President of the Village of Morton Grove is hereby authorized to execute
and the Village Clerk to attest a contract with the G &L Contractors, Inc., 7401 N. St. Louis Avenue. Skokie
Illinois 60076, based upon their bid for the "2012 Concrete Replacement Program ' in the estimated amount
of $67,895.00.
Section 4. That this Resolution shall be in full force and effect upon its passage and approval.
PASSED this 14 °i day of May 2012.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
DiMaria
Gomberp
Grear
Marcus
Thill
Toth
APPROVED by me this 14'h day of May 2012.
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
this 15 °i day of May 2012.
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Le _2islative Summary
�_ Ordinanc_e 12 -2h _
ACCEPTING AN EASEMENT AND THE PUBLIC IMPROVEMENTS
WITHIN THE HOMESTEAD OF MOR PON GROVE DEVELOPMENT
Introduced
May 14, 2012
Objective
To accept public improvements and easement associated with Homestead of Morton
Grove development as ownership by the Village of Morton Grove
Purpose
To gain the ownership of the existing and newly constructed elements along Lincoln Avenue near
the Homestead of Morton Grove development and to gain the right to access those facilities on
privately -owned property.
Background
Ordinance 10 -20 granted a special use permit to construct and operate a senior
independent living residential facility commonly known as the Homestead of Morton
Grove at 6400 Lincoln Avenue. The Village maintains the adjacent section of Lincoln
Avenue. The Village required the developer to construct sidewalk, a roadway drainage
system and a street lighting system to conform to the Village's development
requirements. It was determined the land where the required public improvements
needed to be located would be on the Homestead of Morton Grove property.
Incorporating these public improvements into the jurisdiction of Lincoln Avenue is in the
Village's best interest. A survey of an easement is depicted on the Plat of Easement for
the Homestead of Morton Grove, prepared for Essex Corporation by Spaceco Inc. dated
November 14, 2011, is attached as Exhibit "A ". The public improvements have been
constructed according to the plans and specifications approved by the Village's Building
and Public Works Departments,
Programs, Departs
Public Works, Engineering Division
or Groups Affected
Fiscal Impact
$0
Source of Funds
N/A
Workload Impact
The Public Works Department, Engineering Division, as pan of their normal work activities.
Admin Recommend
Approval as presented.
Second Reading
Required — Municipal Code Change — June 11, 2012
Special
N/A
Considerations or
Requirements
Respectfully submitted:
Prepared by:
/r, Ryan Horne, Village Administrator
Reviewed by:
- - - -- Reviewed by:
Chris Tomich, Village Engineer
Teresa
Public Works
Corporation Counsel
ACCEPTING AN EASEMENT AND THE PUBLIC IMPROVEMENTS
WITHIN THE HOMESTEAD OF MORTON GROVE DEVELOPMENT
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, Ordinance 10 -20 granted a special use permit to construct and operate a senior
independent living residential facility within the Village of Morton Grove to the Homestead of Morton
Grove, LLC, constructed at 6400 Lincoln Avenue', and
WHEREAS, the Village provides public services on the adjacent section of Lincoln Avenue to
facilitate the free flow of traffic and ensure the safety of the motoring public; and
WHEREAS, the Village required the Homestead of Morton Grove, LLC to construct public
improvements on Lincoln Avenue, including sidewalks, a roadway drainage system, and a street
lighting system, all conforming to the Village's development requirements; and
WHEREAS, it was determined the land where certain public improvements needed to be
located would be on private property owned by the Homestead of Morton Grove, LLC; and
WHEREAS, incorporating these public improvements constructed by the Homestead of Morton
Grove, LLC for this private development into the jurisdiction of Lincoln Avenue is in the Village's
best interest: and
WHEREAS, a survey of the easement is depicted on the Plat of Easement for the Homestead of
Morton Grove, prepared for Essex Corporation by Spaceco, Inc. dated November 14, 2011, which is
attached hereto as Exhibit "A ": and
WHEREAS, the public improvements have been constructed according to the plans and
specifications approved by the Village's Building and Public Works Departments; and
WHEREAS, the Homestead of Morton Grove is substantially completed; and
WHEREAS, Village staff has recommended said public improvements and easements be
accepted by the Corporate Authorities.
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 public improvements and casements as set forth in Exhibit "A" are hereby
accepted as ownership by the Village of Morton Grove subject to the code requirements and
regulations of the Village of Morton Grove,
SECTION 3: The Village Administrator or his designee is authorized to take all steps
necessary to release all performance guarantees on behalf of the Village when appropriate.
SECTION 4: This Ordinance shall be in full force and effect upon its passage and approval.
PASSED THIS 14`h day of May 2012
Trustee DiMaria
Trustee
Gomberg
Trustee
Grear
Trustee
Marcus
Trustee
Thill
Trustee
Toth
APPROVED BY ME THIS 14 °i day of May 2012
Daniel J. Staaekmann, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED AND FILED in my office
This 15"' day of May 2012.
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Legislative Surnmar
ORDINANCE 12 -13
AMENDING TITLE 10, CHAPTER 2 ENTITLED ELECTRICAL REGULATIONS
OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE
Introduced April 23, 2012
Objective To amend Title 10, Chapter 2 "Electrical Regulations" of the Village Municipal
Code.
Purpose: The propose of this ordinance is to adopt by reference the 2011 National .Electric
Code (NEC) with amendments.
I3aeicground: The Village of Morton Grove has effectively utilized the Chicago Electric
Code with appropriate amendments for many years. However, as technology
and equipment has evolved, such as, the regulations for charging stations for
electric vehicles and wind and solar powered type systems the majority of the
suburban communities have found it necessary to change to the National Fire
Protection Association's (NFPA) National Electric Code (NEC). In addition,
the Village has entered into a contractual agreement with an outside agency
for plan review and inspectional services. That agency maintains NEC
certified inspectors and plan review personnel to complete the electrical
portions of that work. This ordinance will assist the Village of Morton
Grove in maintaining current and compliant electrical regulations for work
conducted throughout the Village. This ordinance will update that portion of
the Municipal Code relative to the electrical regulations themselves.
Programs, Departments Department of Building and Inspectional Services.
or Groups Affected
Fiscal Impact: None. This is an update to technical building codes
Source of Funds: Not applicable.
Woridoad Impact: I Minimal impact on plan review and inspector workload.
Administrator Approval as presented.
Recommendation:
I
First Reading: Required —Code Amendment
Special Considerations or None
Requirements:
i
Administrator Approval —� Reviewed by.
Ryan .1. ome, Village Administrator Pro Tem Teresa Hoffman twin f, Corporation Couns
Prepared by: Clot— f
Bill Porter, Building Commissioner Pro Tern
ORDINANCE 12 -13
AMENDING TITLE 10, CHAPTER 2 ENTITLED ELECTRICAL REGULATIONS
OF THE MUNCIPAL CODE OF THE VILLAGE OF MORTON GROVE
WHEREAS, the Village of Morton Grove (Village), Located in Cook County, Illinois, is a home
rule unit ofgovernment 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
exi,stingMunicipal Ordinances; and
WHEREAS. as part of that review process, Title 10, Chapter 2 entitled, "Electrical
Regulations" has been reviewed and is in need of updating to reference the current model electrical
codes; and
WHEREAS, the Village is desirous of assuring all ordinances are kept current and relevant.
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 10, Chapter'-', entitled "ELECTRICAL REGULATIONS" of the
Municipal Code of the Village of Morton Grove is hereby amended by repealing the chapter in its
entirety and replacing it with a new Title 10, Chapter ? to read as follows:
CHAPTER 2
ELECTRICAL REGULATIONS
SECTION:
10 -2 -1: Electrical Code Adopted
10 -2 -2: Code Amendments
10 -2 -3: Electrical Fees
10 -2 -4: Penalty
10 -2 -1: ELECTRICAL CODE ADOPTED: There is hereby adopted for the purpose of
prescribing regulations governing installation, alteration, and use of electrical equipment
in the Village that certain code known as " National Electrical Code., NFPA 70 "201 1 edition as
published by the National Fire Protection Association. (Ord 94 -4, 3 -14 -1994; Ord 99- 39,9- 13 -99; 12-
;datc)
The said National Electrical Code, NFPA 70"2011 except as herein stated or modified, shall constitute
by reference the Electrical Code of the Village of Morton Grove.
If any provision of the "National Electrical Code, NFPA 70 °, 2011 edition, is in conflict with any
provision of any code, ordinance, rule, or regulation of the Village, the code, ordinance, rule, or
regulation small prevail and the conflicting provision of the "National Electrical Code, NFPA 70 ", 2011
edition, shall have no force or effect. (Ord 94 -4, 3 -14 -1994; Ord 99- 39,9 -13 -1999; Ord 12- , date)
10 -2-2: CODE AMENDMENTS: The electrical code adopted above is hereby amended or
modified as hereinafter set forth:
A. Article 250 Grounding. Amend by adding the following new Article:
Article 250.I23 Exterior Light Poles. Each new light pole shall be grounded by a
separate copper grounding rod as well as an approved grounding conductor which shall
originate in the electrical panelboard that supplies the power for the lighting pole. A
separate ground wire shall bond the fixture head to the equipment grounding conductor
and the grounding electrode conductor at a ground lug at the accessible hand hole. The
grounding ndunF rod shall have a minimum length of eight feet (8) in length below grade and
shall be no less than five- eighths inch (519 ") in diameter.
B. Article 300.4 Protection Against Physical Damage. Amend by adding the following new Article:
Article 300.4(G): All wiring for circuits under fifty (50) volts in non- accessible areas,
or, accessible areas less than eight feet (S') above the finish floor shall be installed in
electrical metallic tubing. Wiring may be run exposed in accessible areas such as, but
not limited to, spaces above dropped ceilings, attic spaces and crawl spaces provided it
has been properly installed and fastened.
C. Article 310.1 Scope. Amend by adding the following sentence to the end of the Article:
"All conductors /wiring shall be copper conductors. Conductors made of any other
material, including aluminum, shall not be permitted, and all references to conductors
other than copper conductors shall be deemed as being deleted from this code."
D. Delete the following Articles in their entirety:
Article
320
Armored Cable: Type
AC,
Article
324
Flat Conductor Cable:
Type FCC.
Article
326
Integrated Gas Spacer
Cable: Type IGS.
Article
Article
Article
Article
Article
Article
Article
Article
Article
330
332
334
338
362
382
394
396
398
Metal -Clad Cable: Type MC.
Mineral - Insulated, Metal- Sheathed Cable: Type MI.
Nonmetallic- Sheathed Cable: Types NC, NMC, and NMS
Service - Entrance Cable: Types SE and USE.
Electrical Nonmetallic Tubing: Type ENT,
Nonmetallic Extensions.
Concealed Knob- and -Tube Wiring.
Messenger Supported Wiring.
Open Wiring on Insulators.
E. Article 340.10 Uses Permitted. Amend by deleting Items No. 3 and 4 in their entirety.
Article 352.10 Uses Permitted. Delete in its entirety and in lieu thereof substitute the following
new Article 352.10:
Article 352.10 Uses Permitted. PVC conduit is permitted for underground usage in
exterior locations only.
10 -2 -3: ELECTRICAL FEES: Electrical permit fees shall be calculated using the schedule
in Article 10 -A. (Ord 99- 39,9 -13 -1999)
10 -2 -4: PENALTY: Any person violating or who shall willfully fail or refuse to comply with
the provisions of this Chapter shall be deemed guilty of an offense punishable, upon
conviction, by a fine of not less than seventy -five dollars ($75.00) nor more than seven hundred fifty
dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day
during or on which violation occurs or continues. (Ord 99 -39, 9 -13 -1999)
SECTION 3: This Ordinance shall be in full force and effect from and after its passage,
approval and publication in. pamphlet forms according to law.
PASSED this 14 °i day of May 2012.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Toth
DiMaria
Gomberg
Grear
Marcus
Thill
APPROVED BY ME THIS 141" day of May 2012.
Daniel. Staackmann, Village President
Vi page of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 14 "i day of May 2012.
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Legislative S m mare
ORDINANCE 12 -14
AMENDING TITLE 10, CHAPTER 1 ENTITLED BUILDING CODE
OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE
Introduced April 23, 2012
Ob,jeetive 'To amend Title 10, Chapter I `Building Code" of the Village Municipal Code.
Purpose: The purpose of this ordinance is to adopt by reference the 20 i I National Electric
Code (NEC) with amendments.
Background: The Village of Morton Grove has effectively utilized the Chicago Electric
Code with appropriate amendments for many years. However, as technology
and equipment has evolved, such as, the regulations for charging stations for
electric vehicles and wind and solar powered type systems the majority of the
suburban communities have found it necessary to change to the National Fire
Protection Association's (NFPA) National Electric Code (NEC). In addition,
the Village has entered into a contractual agreement with an outside agency
for plan review and inspectional services. That agency maintains NEC
certified inspectors and plan review personnel to complete the electrical
portions of that work. This ordinance will assist the Village of Morton
Grove in maintaining current and compliant electrical regulations for work
conducted throughout the Village. This ordinance will update that portion of
the Municipal Code relative to the building code where electrical regulations
are referenced.
Programs, Departments Department of Building and Inspectional Services.
or Groups Affected
Fiscal Impact: None. This is an update to technical building codes
Source of Funds: Not applicable.
Workload Impact: Minimal impact on plan review and inspector workload.
Administrator Approval as presented.
Recommendation:
First Reading: Required —Code Amendment
Special Considerations or None
Requirements:
Administrator ApprovaAorne=Vill'a�e Reviewed by-
Ryan
Administrator Pro Tem Teresa Hoffman Listdy;`�orporation Cowlsel
Prepared by: CfCI
Bill Porter, Building Commissioner Pro Ter
ORDINANCE 12 -14
AMENDING TITLE IQ CHAPTER 1 ENTITLED BUILDING CODE
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,
ncluding 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, as part of that review process, Title 10, Chapter I entitled, "BUILDING CODE"
has been reviewed and in need of updating; and
WHEREAS, being the Village is desirous of assuring all ordinances are kept current and
relevant.
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 hercinabove
set fortis.
SECTION 2: Title 10, Chapter I of the Municipal Code of the Village of Morton Grove is
hereby amended by repealing the Chapter in its entirety and replacing it with a new Title 10, Chapter 1
entitled, "BUILDING CODE" to read as follows:
CHAPTER]
BUILDING CODE
SECTION:
10 -1 -1: Adoption of Building Codes
10 -1 -2: Building Permit Provisions
10 -1 -3: Construction Activity Restrictions
10 -1 -4: Demolition and Construction Waste
10 -1 -5: Damaged Buildings
10 -1 -6: Grade Standards
10 -1 -7: Building Permit and Plan Review Fees
10 -1 -8: Penalties
10 -1 -1: ADOPTION OF BUILDING CODES:
A. Building, existing building, one and two - family dwelling, and mechanical codes adopted:
There is hereby adopted by the Village, the 2003 Edition of the International Building Code,
the 2003 edition of International Existing Building Code, the 2003 edition of the
International Residential Code for One and Two - Family Dwellings including Appendices A, B.
and K, the 2003 edition of the International Fuel Gas Code including Appendices A and B, and
the 2003 edition of the International Mechanical Code as published by the International Code
Council, Inc., as the building and mechanical codes of the Village for the control of buildings
and structures as herein provided; and each and all of the regulations, provisions, conditions
and terms of such building codes are hereby incorporated by reference and made a part ofthis
Code and shall be applicable and controlling within the limits of the Village. (Ord. 84-12,3-
26-84: Ord 93-41, 10- 25 -93; Ord 99 -37, 9 -13 -1999; Ord 07 -13, 04 -09 -2007)
Ifany provision of the above referenced codes is in conflict with any provision ofany code,
ordinance, rules, or regulations of the Village, the code, ordinance, rule, or regulation shall
prevail and the conflicting provision of the above referenced codes shall have no force or effect.
(Ord 07 -13, 04 -09 -2007)
B. Amendments
] . International Building Code. The following sections are deleted from the building code
adopted above:
105.2 — Work exempted from permit; building, numbers 1,2,4,6
112.0— Board of Appeals
1805.4.3 — Masonry -unit footings
1805.4.5 - Timber Footings
l 805.4.6 - Wood Foundations
1805.5 - Hollow and solid masonry foundations (plain and reinforced concrete is
allowed.)
1809.1 — Timber Piles
Chapter 29 — Plumbing Systems
2. international Building Code. The following sections are amended.
10 1.4.1 — Electrical. Delete reference to ICC Electrical Code where ever it occurs
in the building code and insert National Electrical Code, NFPA70 Code as
referenced in 10 -2 -1.
101 a.4 — Plumbing. Delete reference to ICC" Plumbing Code where ever it
it occurs in the building code and insert Illinois Plumbing Code as
referenced in 10 -3 -1.
406.1.4 — Separation. Delete item 3; replace with,
Garage and carport floors shall be at least four inches below any
interior openings to the building-
406.2.7 — Mixed separation. Add new sentence.
Parking garage floors shall be at least four inches below any
interior openings to the building.
Table 503 — Allowable Height and Building Area. Add footnote "d" to the heading
Type III and add footnote "e" to the heading Type V: and the following
Footnotes text to the bottom of the table:
d. Type III construction shall not be permitted within any C or M
zoning district, except for accessory structures.
e. Type V construction shall not be permitted within any C or M
zoning district, except for accessory structures.
3301.3 — Add new paragraph.
Construction site fencing. All construction sites other than accessory
structures, including buildings constructed under provisions of the
ICC Residenlial Building Code, shall be enclosed with a chain -link
fence at least six feet high.
3305.1 — (Sanitary) facilities required. Delete and replace with,
Toilet facilities shall be provided for construction workers and such
facilities shall be maintained in a sanitary condition. Construction
worker toilet facilities of the non -sewer type shall comonnn to ANSI Z4.3
3307.2 — Add new paragraph.
Shoring required. All excavations deeper than a 45 degree angle from a
property line must be shored. Shoring shall be constructed no closer than
12 inches from the propery fine. Minimum shoring shall consist of
4 inch x 4 inch x '/4 inch steel angle at 48 inches on center with at least
2x6 inch Iumber between steel angles. The steel angles shall be driven a
minimum of 42 inches into undisturbed soil measured from the lowest
Point of the excavation. The minimum height of the shoring shall not be
lower than the 45 degree angle and maintained until backfilled. Other
recognized shoring techniques shall be permitted as allowed by section
104.11.
3. International Residential Code. The following sections are deleted from the one and
two family dwelling code adopted above.
R105.2 -- Work exempt from permit. Items 1,2,3,5
R112— Board of Appeals
R402.1 - Materials - Wood Foundations
8403.2 - Footings for wood foundations
R404.1 — Concrete and masonry foundation walls. Delete all reference to
masonry foundation walls (plain and reinforced concrete
is allowed.)
R404.2 - Wood Foundation Walls
Part VII — Plumbing (See Municipal Code 10 -3 for plumbing regulations)
Part VIII - Electrical (See Municipal Code 10 -2 for electrical regulations)
4. International Residential Code. The following sections are amended.
R309.1 — Opening protection. Change minimum door thickness to 1 '/ inches.
R309.2 — Separation required. Drywall shall be not less than 5/8 inch applied to
the garage side. Garage and carport floors shall be at least four inches
below any openings to the residence.
8324 — Safeguards During Construction (new section)
R324.1 General. Construction site safeguards shall be provided in
accordance with International Building Code, Chapter 33.
International ,Mechanical Code. Delete the following from the mechanical code adopted
above.
109 — Board of Appeals. Delete entire section
102.8 — Referenced codes and standards.
Delete reference to ICC Electrical Code where ever it occurs in the mechanical
code and insert National electrical Code, NFPA 70 Code as referenced in 10 -2-
1.
Delete reference to ]CC Plumbing Code where ever it occurs in the mechanical
code and insert Illinois Piumbing Code as referenced in 10 -3 -1.
6. International Existing Building Code. Delete the following from the existing buildings
code adopted above.
102.4 - Referenced codes and standards.
Delete reference to ICC Electrical Code where ever it occurs in the existing
buildings code and insert National Electrical Code, NFPA 70 Code as
referenced in 10 -2 -1.
Delete reference to ICC Plumbing Code where ever it occurs in the existing
buildings code and insert Illinois Plumbing Code as referenced in 10 -3 -1.
105.2 — Work exempt from permit. Building; number 1.
112— Board of Appeals.
7. International Fuel Gas Code. Delete the following from the fuel gas code adopted
above.
109(FGC) — Means of Appeal.
102.8 — Referenced codes and standards.
Delete reference to ICC Electrical Code where ever it occurs in the fuel gas code
and insert National Electrical Code, NFPA 7(I Code as referenced in 10-2-1.
Delete reference to ICC Plumbing Code where ever it occurs in the fuel gas code
and insert Illinois Plumbing Code as referenced in 10 -3 -1.
(Ord 93-41, 10- 25 -93; Ord 49 -37, 9 -13- 1.999: Ord 07 -13, 04 -09 -2007)
C. Residential Garages and Driveways
Detached Frame Garages
Floors shall be at least four inches (4 ") of wire reinforced concrete on live inch (5 ")
sand or gravel fill; all sod and vegetation shall be removed. The floor
perimeter /foundation shall be poured concrete at least twenty inches (20 ") wide and to a
depth at least ten inches (10 ") below grade.
Walls shall be two inch by four inch (2" x 4 ") studs on sixteen inch (16 ") centers.
Corners shall be double 2" x 4" studs. Rafters shall be able to support live loads of
thirty pounds per square foot (30 psf).
Garage door headers shall be at least double 2" x 10" for opening widths up to twelve
feet (12'); headers shall be at least double 2" x 12" for opening widths from twelve feet
(12') to sixteen feet (16').
2. Detached Brick Garages
Foundations shall be at least eight inches (8 ") wide with a formed footing at least eight
inches (8 ") thick and sixteen inches (16 ") wide; bottom of the footing shall be at least
forty two inches (42 ") below grade. Floor, roof.. and door header construction shall be
similar to detached frame garages.
3. Attached Garages
Foundations shall be at least eight inches (8 ") wide with a formed footing at least eight
inches (8 ") thick and sixteen inches (16 ") wide; bottom of the footing shall be at least
forty two inches (42 ") below grade. Roof and door header construction shall be similar
to detached garages. Walls and ceilings shall have at least a one hour fire resistance
rating. Doors between the garage and residence shall be 20 minute fire resistance rated
(1 -3/4" solid core wood doors are acceptable). Floor construction shall be similar to
detached garages; garage floor shall be at least four inches (4 ") below any openings to
the residence.
4. Roof Overhang
Roof overhang shall not exceed twenty percent (20 %) of the side yard width. For
required side yard widths see Title 12, Zoning. (Ord 93 -41, 10- 25 -93)
5. Concrete for garage floors and foundations shall have a minimum compressive strength
of 3,000 psi at 28 days (5 bag mix).
D. Driveways
1. Driveways inside lot lines shall be constructed using concrete with a minimun five inch
(5") thickness and one layer of 6" x 6 "/ 10 -10 woven wire mesh. Driveway aprons and
public sidewalks used as part of the drive- way shall be constructed with a minimum six
inch (6 ") thickness; reinforcing is not allowed in the apron. Driveways shall be pitched
to prevent water run -off onto adjacent property. (Ord 07 -13, 04 -09 -2007)
2. Concrete shall be placed over well compacted undisturbed soil with all top soil,
vegetation, large rocks and other non- compactable debris removed. A minimum four
inch (4 ") thickness of well compacted granular fill (CA -6 or better) shall be used where
adequate undisturbed soil is not found.
3. Concrete shall have a minimum compressive strength of 4,000 psi at 28 days (6 bag
mix). Control joints shall be tooled or saw cut into the concrete.
4. Expansion joints, equal in depth to the new concrete, shall be placed between new
concrete and any existing concrete or masonry. Driveway entrances from a street shall
be over a depressed curb and gutter for the entire driveway width. When required, the
existing curb and gutter shall be completely removed and replaced with a depressed
curb and gutter.
5. In Lieu of concrete, asphalt with a minimum two and one- halfinch (2 -1/2 ") thickness
(two inch [2 "] compressed) laid over a minimum six inch (6 ") thick crushed store base
may be used.
E. Protection of Wood Trusses in Residential Construction:
Wood trusses used in floors or roofs of residential buildings shall be part of a one hour fire
resistance rated floor /ceiling or roof/ceiling assembly when the area below is a habitable space,
including basements, or crawl space. Fire - resistance ratings shall be determined by a nationally
recognized testing laboratory. (Ord 07 -13, 04 -09 -2007)
F. Central Air Conditioning Compressor and Heat Pump Installation, Replacement, or Relocation:
On one and two family residential properties, the compressor and /or fan unit shall be
located on a concrete pad in the rear yard adjacent to the principal structure; locations in
required side yards are prohibited. Compressors and /or fan units shall not be located in
required from yards, or in front of a Line drawn through that part of the front facade of
the principal structure closest to and paralleling the front property line. On corner lots,
the compressor and/or fan unit shall not be located in the required side yard abutting a
street, or in front of a Line drawn through that part of the facade of the principal structure
closest to and paralleling the side property line. Compressors and heat pumps shall be
screened from view from streets adjacent to the lot. Screening shall consist of building
walls and /or closely planted evergreens and other non - deciduous shrubbery.
2. On other properties abutting one and two family residential lots, compressors and /or fan
units shall be located at least thirty feet (30') from the lot line abutting residential
property.
3. In any zoning district, the installation of an air conditioning compressor and /or heat
pump on the roof of a structure shall he allowed provided the structure is designed to
support the additional load. Roof mounted equipment shall be screened from view from
streets adjacent to the lot.
4. Installation and location of air conditioning systems equipped with water cooled
condensers shall conform to Municipal Code Section 7 -4 -8.
(Ord 92 -14, 3 -9 -92)
G. Wood Shingles and Wood Shakes: Wood shingles and wood shakes used as a roof covering
material shall be Class A or Class fire resistant rated and listed by a recognized testing
agency. (Ord 99 -37, 9 -13 -1999)
10 -1 -2: BUILDING PERMIT PROVISIONS:
A. Required: It is hereby required that a permit be obtained in advance and that all other
requirements of the Building Code, and other relative and applicable ordinance be complied
with whenever a building or structure, or part or appurtenance thereof, located within the
Village is erected, installed, altered, converted, remodeled, structurally repaired, moved,
demolished, or its use or occupancy established, modified or changed. (1969 Code, § 15).001)
Subject to the provisions hereinafter set out in this paragraph, no electrical or plumbing work..
wherein a permit is required under this Section, shall be performed by any person other than a
registered electrician and registered plumber, respectively. The resident owner of a single -
family dwelling may perform such work on their property, provided that such resident owner
shall conform to the technical and workmanship standards of the building codes. (Ord 83 -24,
11- 28 -83; Ord 99- 37,9 -13 -1999)
B. Sealed Structural Drawings:
Structural plans and specifications for multi family residential, commercial. and
industrial buildings shall bear the seal of an Illinois licensed architect or structural
engineer as required by the "Illinois Architecture Act" and 'Illinois Structural
Engineering Act ". (Ord 93 -41, 10- 26 -93)
2. Structural Plans and specifications for habitable spaces in one and two family dwellings,
and nonhabitable accessory buildings over $20,000 in value shall bear the seal of an
Illinois licensed architect or structural engineer, Information required with the seal, -
including necessary signatures and dates, shall comply with the 'Illinois Architecture
Act" and "Illinois Structural Ena neering Act ". (Ord 93 -41, 10- 26 -93; Ord 99 -37, 9 -13-
1999)
Climate and Geographic Design Criteria
Wind speed: 90 mph
Wind Exposure: Exposure Category B
Snow load: 30 pounds per square foot, without modification
Frost line depth: 42 inches
Seismic Site Class: Class B
(Ord. 93 -41, 10- 26 -93: Ord 99 -37, 9 -13 -1999; Ord 07 -13, 04 -09 -2007)
C. Change of Use: No change of use or occupancy shall be made in any building or structure that
is not consistent with the last issued permit or certificate of occupancy for such building or
structure.
D. Revocation: The Building Commissioner or the Village President may revoke a permit or
approval issued in the event of any noncompliance or violation of the provisions hereof, or in
the event there has been any false statement or misrepresentation as to a material fact in the
application or plans on which the permit or approval was based. (1969 Code, §152.001)
E. Construction authorized by a valid building permit shall commence within six mouths from the
date of permit issuance. Once started, construction shall proceed in a diligent and workmanlike
manner until all work authorized by the permit is completed, and where required, a certificate
ofoccupancy is issued.
In residential zoning districts, roof coverings and exterior wall coverings shall be completed
within six months from start of construction. In all other zoning districts, roof coverings and
exterior wall coverings shall be completed within twelve months from start of construction.
Requests for extensions to the above time limits may be granted by the Building Commissioner
uuon receipt of a written request from the permit holder and a determination that the variation
or extension is valid under the circumstances. (Ord. 93 -41, 10- 26 -93)
F. Surveys.
After the foundation of a new building or any addition to an existing building has been
completed, the applicant shall furnish a survey prepared by a registered Illinois surveyor
showing the dimensional location of such foundation including accurate dimensions of front
yards, side yards, and rear yards; United States Geographical Survey (USES) elevations of
top of foundation and top of curb or crown of street.
The required information may be shown upon a recertification of the Plat of Survey filed at
the time the building permit was obtained.
2. Where a grading plan was required as part of the building permit, a final topographical
survey shall be furnished by the applicant after the final grading is completed. The
final topographical survey shall indicate the finished grade elevations at the identical
points shown on the approved grading plan. (Ord 07 -13, 04- 09- 2007)
10 -1 -3: CONSTRUCTION ACTIVITY RESTRICTIONS:
A. Use of Streets: Tile use of streets for the storage of materials in the process of construction or
alternation of a building or structure may be granted where the same will not unduly interfere
with traffic. and will not reduce the useable width of the roadway to less than eighteen feet
(18'). No portion of the street other than that directly abutting on the premises on which work is
being done shall be used, excepting with the consent of the owner or occupant of the premises
abutting on such portion. Any person seeking to make such use of the street shall file an
application for a permit therefore, together with a bond wit]: sureties to indemnify the Village
for any loss or damage which may be incurred by such occupation.
B. Night Operations: Construction generating loud noises shall be limited to the hours between
seven o'clock (7:00) a.m. to six o'clock (6:00) p.m. Monday through Friday; eight O'clock
(8:00) a.m. to six o'clock (6:00) p.m. Saturday; and shall be prohibited on Sunday and on the
following holidays: New Year's Day, (January 1), Memorial Day (fourth Monday in May),
Independence Day (July 4), Labor day (first Monday in September), Veteran's Day (November
11), Thanksgiving Day (fourth 'Thursday in November), and Christmas Day (December 25)
except in cases of emergency or necessity in the interest of public health and /or safety. and then
only with a permit granted by the building commissioner or his /her designee. Prohibited noise
from do- it- yourself projects performed by the homeowner will be exempt from 7:00 a.m. until
8:00 p.m. Monday through Saturday and on Sundays and holidays from 9:00 a.m. until 8:00
p.m. (Ord. 93 -41, 10- 26 -93; Ord. 04 -22, 07- 26 -04; Ord. 05 -3 -, 7- 11 -05)
C. Sidewalks: No sidewalks shall be obstructed in the course of building construction or alteration
without a special permit; and whenever removal of a sidewalk is required in such work, a
special permit shall be obtained.
D. Safeguards: It shall be the duty of the person doing any construction, altering or wrecking work
in the Village to do the same with proper care for the safety of persons and property. Warnings,
barricades and lights shall be maintained whenever necessary for the protection of pedestrians
or traffic; and temporary roofs over sidewalks shall be constructed whenever there is danger
from falling articles or materials to pedestrians.
10 -1 -4: DEMOLITION AND CONSTRUCTION WASTE:
A. All residential, commercial, and industrial sites where demolition, construction, or remodeling
is underway shall have a roll -off type waste receptacle for depositing all construction waste and
related non- garbage trash.
B. Roll -off type waste receptacles shall be located on private property. Location of the receptacle
shall not block egress doors or fire lanes.
C. Where space does not allow locating the receptacle on private property, the receptacle may be
placed in the public right -of -way provided the receptacle
I. does not block the public street;
2. does not block a fire hydrant;
3. is located in a legal parking space if parked on a street;
4. is parked 12 inches or less from the curb;
5. has sufficient reflective stripes and lighting to identify the receptacle to motorists and
pedestrians.
(Ord 99- 37,9 -13 -1999)
10 -1 -5: DAMAGED BUILDINGS:
A. Construction Work No person shall remodel or reconstruct any wooden building or structure,
in the C or M zoning districts, which has been damaged or injured or become decayed to the
extent of fifty percent (50 %) of its total value.
B. Committee to Determine Damage: In the case of any decay, damage or injury to any such
building, where a permit to reconstruct is sought, the President shall appoint an impartial
person, who together with the Building Commissioner and the owner of the damaged building
shall act as a committee to determine the extent of damage done. If
this committee shall
determine
that the building is damaged to the
extent of fifty percent
(50 %) of its value, no
permit for
reconstruction or remodeling shall
be issued. (1969 Code, § 152.065)
10 -1 -6: GRADE STANDARDS:
A. General Lot Grade Maximums: No lot shall be graded in such a manner as to raise the grade of
such lot to any point higher than a continuous grade level betwee de n the graof the lots on either
side abutting such lot. No person shall change the grade of a vacant lot by depositing dirt,
refuse, garbage or material of any nature whatsoever, without the approval of the Building
Commissioner. If such change of grade shall take place without such approval, the owner or
person in control shall be directed by the Building Commissioner to restore the grade of said
lot. If, after ten (10) days' notice, such restoration shall not have been made, the Village
Authority may enter upon said lot and restore the grade and bill the owner for the cost of
restoring the grade. If such bill is not paid, the cost of restoration shall be collected in an
appropriate action brought by the Village in any court of competentjurisdiction.
B. Foundation Grades and Rules:
l . All foundation grades shall be established in such a manner as to achieve the free,
natural and unobstructed flow of surface water.
2. The Village Engineer shall from time to time promulgate detailed rules not inconsistent
with this Section, for the purpose of determining foundation grades. Such rules sm all
become effective by firing same in the office of the Village Clerk and shall then have
the force and effect as an ordinance of the Village.
3. Every application for a building permit shall show the foundation grade and set forth a
grading plan for the proposed construction, determined in accordance with the Section
and rules established pursuant thereto. No building permit shall be issued unless such
foundation grade and grading plan is in accordance with the provisions of this Section
and rules issued hereunder.
C. Subdivision Grade PIans: The provisions of Section 10 -1 -8 shall be supplemental to the
requirements of Title 11, Subdivision Regulations of this Code respecting any subdivision
approved pursuant to the provisions of Title 11. No building permit shall be issued by the
Building Commissioner unless he has on file an approved lot grading plan for such subdivision.
D. Conformity with Lot Grading Plan:
1. Every building constructed in a location for which a lot grading plan is on file, pursuant
to the provisions of subsection 10 -1 -8C shall conform to said lot grading plan.
2. If, during construction of any building, the Village Engineer finds that nonconformity
with the lot grading plan on file is causing or is likely to cause flooding of any adjoining
lot, the Engineer may issue a written order requiring compliance with such grading plan
within ten (10) days. If such order is not complied with, the Village Engineer may issue
an order stopping all work on such building.
E. Compliance Required Prior to Occupancy Permit: No occupancy permit or other indication of
approval of new construction shall be issued or given by the Building Commissioner unless and
until all grade requirements set forth in this Section have been met.
F. Altering Grade Levels: No grades within the Village shall be disturbed or otherwise altered,
except as allowed pursuant to a permit issued by the Building Commissioner. No person shall
during the cause of construction alter or permit or cause to be altered the grade of any lot in any
manner which will permit or cause the draining of said lot in a manner to cause flooding on an
adjoining lot or otherwise change or divert the natural flow of water in a manner deleterious to
any other property. (Ord. 79 -18, 6- 15 -79)
10 -1 -7: BUILDING PERMIT AND PLAN REVIEW FEES: Building permit fees shall be
calculated using the schedule in Article I 0 -1A. (Ord 99 -37, 9 -13 -1999)
10-1-8: PENAL'T'Y: Any person who violates a provision of this Chapter of fails to comply
with any of the requirements hereof; or who shall erect, construct, alter or repair, or
have erected, constructed, altered or repaired a building or structure, or portion thereof. in violation of a
detailed statement or plan submitted and approved hereunder or of a permit or certificate issued
hereunder; shall be guilty of a misdemeanor punishable by a fine of not less than seventy -five dollars
($75.00) nor more than seven hundred fifty dollars ($750.00), or by imprisonment not exeeedingsix (6)
months. Also, the owner of a building or structure or portion thereof, or of the premises where
anything in violation of this Section shall be placed or shall exist, and any architect, engineer, builder,
contractor, agent, person or corporation employed in connection therewith and who assisted in the
commission of such violation shall each be guilty of a separate offense, and upon conviction thereof,
shall be punishable by a fine of not less than seventy -five dollars ($75.00) nor more than seven hundred
fifty dollars ($750.00), or by imprisonment not exceeding six (6) months, A separate offense shall be
deemed committed on each day during or on which a violation occurs or continues.
In addition to the penalties herein prescribed, the corporate authorities may institute an appropriate
action or proceeding at law or in equity to restrain, correct or remove such violation, or the execution
of work thereon, or to restrain or correct the erection or alteration of or to require the removal of. or to
prevent the occupancy or use of, the building or structure or part thereof erected, constructed or altered,
in violation of or not in compliance with the provisions herein or with respect to which the
requirements hereof, or of any order or direction made pursuant to provisions contained herein, shall
not have been complied with. (1969 Code, §152.001; Ord 90 -58, 10 -8 -90; Ord 99 -37, 9 -13 -1999)
SECTION 3: This Ordinance shalt be in full force and effect from and after its passage,
approval and publication in pamphlet form according to law.
PASSED this 14`' day of May 2012.
Trustee Toth
Trustee DiMaria
Trustee Gombera
Trustee Grear
Trustee Marcus
Trustee Thill
APPROVED by me this 14`x' day of May 2012.
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and PILED in my office this
14 °i day of May 2012.
Tony S. Kalogerakos, Village Cleric
Village of Morton Grove.
Cook County, Illinois
Legislative Summary
AMENDING THE VILLAGE OF MORTC'S GROVE UNIFIED DEVELOPMENT CODE
SECTIONS 12 -1 -7 AND 12 -16 -3 REGARDING PROCEDURAL CONTROLS AND ZONING
VARIATIONS
Introduced:
Synopsis:
Purpose:
Background:
Programs, Departs
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Admin Recommend:
Second Reading:
Special Consider or
Requirements:
May 14, 2012
This ordinance will approve text amendments to amend the Unified Development Code (UDC)
to allow an expansion of variations that may be considered by the Zoning Board of Appeals, and
related procedural requirements concerning exceptions to the UDC.
To allow an expansion of variations that may be considered by the Zoning Board of Appeals and
an exception process for UDC requirements.
The Unified Development Code (UDC) is a comprehensive set of regulations for the zoning of
land and development of parcels within the Village. Currently, the UDC allows a limited
number of types of variations the Zoning Board of Appeals (ZBA) may hear. The Village.. as
the applicant, has submitted a request for an amendment to allow the ZBA to consider a wide
variety of zoning variations, and to create a process allowing exceptions to be granted by the
Administrator for non- zoning UDC requirements.
Based on staff review of zoning requirements from other communities, some communities
provided limited variation powers to their ZBAs, while others allow a wide variety similar to
the proposed amendments. Nevertheless, the ZBA would retain significant discretion in their
review of zoning variations due to the standards and requirements for variations in the UDC.
As well, most other codes reviewed include an exception process for non- zoning development
requirements. These topics were discussed by the Plan Commission at several public
hearings, and the Commission recommends approval of these amendments. Staff also
supports these changes.
Building and inspectional Services, and Community and Economic Development Departments
NIA
N/A
These amendments will be implemented by the Director of Community Development and the
Building Department in the normal course of business.
Approval as presented
une I I, 2012, Required — Municipal Code Book change
vone
Submitted by:
Ry n 7. Horne, Village Administrator
Irepared by:
Reviewed by d4 � c'1� �, �
Teresa Hoffman Lis�o�, oration Counsel
Development Director
AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE
SECTION 12 -16 -3 REGARDING PROCEDURAL CONTROLS AND ZONING VARIATIONS
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
continuously reviews and, as
it deems necessary, updates existing
Municipal Codes to
assure they
are kept current and
relevant;
and
WHEREAS, the applicant, Village of Morton Grove has made a proper application to the Plan
Commission
in
Case No.
PC 11 -13 to
consider and recommend the
adoption of certain text
amendments
to
the Village
of Morton
Grove Unified Development
Code, Section 12 -16 -3; and
WHEREAS, upon public notice duly published in the Morton Grove Champion newspaper, a
newspaper of general circulation in the Village of Morton Grove, which took place on November 3,
2011, and a public hearing conducted on November 21, 2011, and continued on subsequent dates,
relative to the above referenced case at which time all concerned parties were given the opportunity to
present and express their views for the consideration of the Plan Commission. As a result of said
hearing, the Plan Commission made certain recommendations and conditions through a report dated
May 8, 2012, a copy of which is attached hereto and made apart hereof and marked as Exhibiit ^`.`A'';
and
WHEREAS, the Corporate Authorities have concluded the amendments to eliminate some
limitations on zoning variations that may be heard by the Zoning Board of Appeals are appropriate and
consistent with the intent of the variation procedures, and will allow for greater flexibility and
creativity in the use of variations while also retaining appropriate discretion of the Zoning Board of
Appeals within the Village; and
WHEREAS, the Corporate Authorities have considered this matter at a public meeting and find
the text amendment, when evaluated in the context of the whole Village, serves the public good.
WHEREAS, the Village is desirous of assuring all policies are kept current and relevant.
NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove
set forth.
SECTION 2: The following section of the Unified Development Code, 12 -16 -3, entitled
"Procedure for Zoning Board of Appeals" is hereby amended:
12 -1 -7: EXCEPTIONS TO THIS TITLE: The Village Administrator with the concurrence of
the Building Commissioner may grant a variance, waiver or modification to the
technical requirements of this Title when:
A. In the opinion of the Building Commissioner there are special circumstances unique to the
property or the development that would create practical difficulties if the technical requirement
of this Title were imposed;
B. There is no prohibition for the variance, waiver, or modification elsewhere in this Code;
C. No other person or Commission has the authority within this Title to grant such variance,
waiver, or modification; and
D. The granting of the variance, waiver, or modification will not adversely impact surrounding
properties, and does not violate the intent or spirit of this Title.
This authority
shall not
be construed to
apply to
the provisions of Chapter 4 of this title with respect to
the use of any
property
within a zoning
district.
12 -16 -3: PROCEDURE FOR ZONING BOARD OF APPEALS:
A. Variations: It is the intent of this section to provide for exceptions to the application of this title
in order to achieve parity among properties similarly located and classified. Specifically, it is to
be used to overcome conditions which pose practical difficulty or unnecessary hardship in such
a way as to prevent an owner from using his property as intended by this title.
B. Authorized Variations: The Zoning Board of Appeals shall publicly hear and have the authority
to vary the zoning regulations set forth in Chapters 2, 3, and 4, in this title, except as otherwise
indicated in this title, and except for those regulations regarding permitted, special and
prohibited uses in all districts.
SECTION 3: The Corporate Authorities, in particular the Village Clerk, are hereby authorized
and directed to amend all pertinent records of the Village of Morton Grove to conform to this text
amendment.
SECTION 4: This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form according to law.
PASSED this I I " day of June 2012.
Trustee DiMaria
Trustee Gomberg
Trustee Grear
Trustee Marcus
Trustee Thill
Trustee Toth
APPROVED by me this I l °i day of June 2012.
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office this
11 "" day of June 2012.
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Village of c5forton Cjrove
From:
Ron
Farkas, Chairperson,
Plan Commission /Zoning Board
Date:
May
3, 2012
Re: Plan Commission Case PC11 -13; Request for Text Amendments to chapter 16
(Project Approval Process) of the Unified Development Code regarding procedural
controls and zoning variations
Commission Report
Public Notice was provided for the public hearing for this request in accordance with applicable
requirements. A public notice was published on November 3, 2011. As this request is for a text
amendment, not a request for a specific site, no public notice signs or notification letters were required.
This case was originally reviewed at a public hearing on November 21, 2011, which was conducted by the
Morton Grove Plan Commission after public notice was duly provided, as noted above, for Plan Commission
case PC11 -13. PCII -13 consists of a request by the Village of Morton Grove for text amendments to
Sections 12 -1 -7 and 12 -16 -3 of the Unified Development Code (UDC) to allow modifications to the
language for "Authorized Variations ".
The case then proceeded to the Village Board for final action in December, 2011; however, the Plan
Commission Chair requested that the case be returned to the Plan Commission for further review and
consideration. Subsequently, the case was reviewed by the Commission at public hearings from January
through April, concluding with a Plan Commission recommendation for approval at the public hearing on
April 16, 2012.
Director of Community Development and Village Planner John D. Said introduced the case on behalf of the
Village, and provided additional testimony throughout the Commission's review process. He reviewed
details of the request, including the proposed text amendment language, at the public hearings.
Mr. Said explained that the language in the UDC, as currently written, allows variations only for specific
types of requests. For instance, the language currently limits review of fence variations to consideration of
height. These restrictions limit the administrative review capabilities of the Zoning Board of Appeals to a
finite number of situations as enumerated in the 15 subsections from a. through o.
Mr. Said further explained some proposed changes eliminate repetition in the Code, while others would
allow the Zoning Board to hear variation requests for a wider variety of situations, and provide more
flexibility for administration. However, Mr. Said emphasized the Zoning Board would continue to have the
Standards for Variations as a tool to evaluate all variation requests.
Richard T. Flickinger Municipal C enter
6101 Capulina. Avenue • Morton Grove, Illinois 60053 -2985:
tel: (847) 965 -4100 Fax. (847) 965 -4162 �`'
According to Mr. Said, results of research of zoning regulations in other communities were inconclusive.
Some communities provide some limits to zoning variations which may be considered while others allow
Zoning Board consideration of all proposed variations to zoning requirements.
Upon further review of this request by the Commission after the initial hearing on 11/21/11, more
refinements were made to the proposed language. The Commission wanted to ensure that the Zoning
Board's powers were limited to the zoning aspects of the Unified Development Code, and did not extend to
other non - zoning areas in the UDC. Further, the Plan Commission directed that the 15 subsections of
allowed variations be deleted from the UDC language. As the Zoning Board will be given more authority,
the Commission asserts that it is unnecessary to retain this language, even as examples of possible
variations. Other minor changes were also prepared, as reflected in the attached language.
In addition to the changes to variation procedures, the Commission approved proposed changes to
Chapter 1 of the UDC, to approve a new Section 12 -1 -7: Exceptions. This section provides a mechanism
for the Village to consider administrative exceptions to the non- zoning, technical sections of the Unified
Development Code. Language has been included to avoid conflicts with the Zoning Boards powers and
duties, and other sections of the UDC. Prior to this, no such exception process was available, and it was
Staff's recommendation, with the Commission concurrence, that such language is appropriate to include in
the Code.
During discussion with the Commission, Mr. Said noted other possible changes to the Project Approval
Process language may be brought to the Commission for future review. However, it was concluded such
changes can be done as part of a new application, which can be filed in the future after additional
research is completed.
Findinos of Fact — Text Amendment
Mr. Said provided testimony to the applicable standards for amendments in Sec. 12 -16 -4 —E of the UDC.
The proposed text amendments will benefit the Village as a whole and does not confer special rights upon
the applicant (the Village), as only the review process changes based on this request. Further, the Village
does not have a particular hardship that this amendment will address; this is rather intended to clarify
review procedures and requirements.
Text Amendment Lan uaoe
The Plan Commission recommends approval of the following (new language is bold and italicized, while
language to be omitted is
12- 1-7: 3GaiT #1 t' The Village Administrator with the concurrence of the
Building Commissioner may grant a variance, waiver or modification to the technical
requirements of this Title when;
A, .in the opinion of the Building Commissioner there are special circumstances
unique to the property or the development that would create practical difficulties if
the technical requirement of this title were imposed;
a There is no prohibition for the variance, waiver or modification elsewhere in
this Code;
C: No other person or Commission has the authority within this Title to grant such
variance, waiver or modirication; and
®, The granting of the variance, waiver or modification will not adversely impact
surrounding properties, and does not violate the intent or spirit of this Title,
2
fhis authority shall not be construed to apply to the provisions of Chapter 4 of this title wltis
respect to the use of any property within a zoning district;
A. Variations: It is the intent of this section to provide for exceptions to the application of this titie in
order to achieve parity among properties similarly located and classified. Specifically, it is to be
used to overcome - conditionswhich poses practical difficulty or
unnecessary hardship in such a way as to prevent an owner from using his property as intended
by this title.
1. Authorized Variations: The zoning board of appeals shall publicly hear and have the authority
to vary E,�� the zoning regulations set forth in Chapters 2, 3, and 4, in this title
, except as otherwise indicated in this title, and
except for those regulations regarding permitted, special and prohibited uses in all
district,
Commission Recommendation
It was moved, and seconded, to recommend approval of the Text Amendments as requested.
The motion carried: Yes 6; No 0; Absent 0
The voting:
Chairman Farkas Aye
Commissioner Blonz Aye
Commissioner Dorgan Aye
Commissioner Gabriel Aye
Commissioner Roepenack Aye
Commissioner Shimansk! Aye
Commissioner Witko Aye
Legislative Summary
Resolution 12 -44
AUTHORIZING THE EXTENSION OF A CONTINGENT FEE PROFESSIONAL SERVICE
AGREEMENT WITH AZAVAR AUDIT SOLUTIONS, INC. FOR MUNICIPAL UTILITY AUDITS
Introduced:
Synopsis:
Purpose /Intent:
Background:
Programs,
Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
Second Reading:
Special
Considerations or
Requirements:
Respectfully submitted:
May 14, 2012
This resolution authorizes a contingent fee agreement for the audit of utility taxes.
To ensure proper remittance of taxes and fees owed to the Village.
A tax and revenue audit investigates whether Village service providers are properly
charging and collecting revenue in compliance with our municipal ordinances,
contracts and franchise agreements. The Village participates in the Municipal
Partnering Initiative to create efficiencies and economies of scale through joint
purchases. The consortium has successfully negotiated terms with Azavar Audit
Solutions to reduce the normal 45% contingency to 40% of funds collected. The
audit seeks to ensure that service providers are collecting the proper amounts from a
complete and accurate customer population within the Village as well as to verify that
the Village is not being charged incorrectly on its accounts.
Finance and Administration.
The audits are being conducted at no cost to the Village.
N/A
The management and supervision of this program will be performed by Finance
Department as part of their normal work activities
Approval as presented
N/A
None
Ryan
Reviewed b y ��%
Teresa Hoffman Liston, Corpp7ator(�ounsel
Prepared by:
Remy Navarrete, Finance Director Pro Tem
AUTHORIZING THE EXTENSION OF A CONTINGENT FEE PROFESSIONAL SERVICE
AGREEMENT WITH AZAVAR AUDIT SOLUTIONS, INC.
FOR MUNICIPAL UTILITY AUDITS
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, it is in the best interest of the Village to review utility taxes, franchise fees, service
fees, and related expenses imposed upon by customers within the Village of Morton Grove for utility
services including gas, electric, cable, and telecommunications to determine whether the proper taxes
and fees collected by the utility companies and paid over to the Village; and
WHEREAS, Azavar Audit Solutions, Inc. has offered to entered into a contingent fee agreement
with the Village of Morton Grove to perform audit services at no cost to the Village; and
WHEREAS, Azavar Audit Solutions, Inc. will only be paid if new revenue or prospective funds
are recovered as a result of the audit in which case the Village will pay Azavar Audit Solutions, Inc. an
amount equal to forty -five percent (45 %) of such recovered revenue for thirty -three (33) months
following when the funds begin to be properly remitted to the Village; and
WHEREAS, the Village of Morton Grove participates in the Glenview Audit Consortium which
has negotiated an agreement with Azavar Audit Solutions, Inc. located in Chicago, Illinois to provide
utility audit services for municipalities at a discounted fee of forty percent (40 %); and;
WHEREAS, if approved by the Village Board, the first audit will begin within approximately
thirty (30) days and each audit is expected to last at least six (6) months.
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 making the findings as hereinabove
set forth.
SECTION 2: The Village Administrator is hereby authorized to enter into a contingent fee
professional service agreement in substantial conformity with the agreement attached hereto as Exhibit
"A" with Azavar Audit Solutions, Inc. to undertake a municipal audit program.
SECTION 3: The Village Administrator, Finance Director and their designees are authorized to
take all steps necessary to administrate and implement said contract and to cooperate with the audit and
provide full access to Village and utility provider records.
SECTION 4. This Resolution shall be in full force and effect upon its passage and approval.
PASSED this 14 "' day of May 2012.
Trustee DiMaria
Trustee Gomberg
Trustee Grear
Trustee Marcus
Trustee Thill
Trustee Toth
APPROVED by me this 14 "' day of May 2012.
Daniel J. Staackmann, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
this 15"' day of May 2012.
Tony S. Kalogerakos, Village Clerk
Village of Morton Grove
Cook County, Illinois
CONTINGENT FEE PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement') is made and entered into by and between Azavar Audit Solutions, Incorporated, an Illinois corporation
having its principal place of business at 234 South Wabash Avenue, Sixth Floor, Chicago, Illinois 60604 (`Azavar "), and the Village of-Morton Grove, an
Illinois municipal corporation having its principal place of business at 6101 Carolina Avenue, Morton Grove, Illinois 60053 ("Customer').
SCOPE OF SERVICES
1.1 .Subject
to the following terms and conditions, Azavar shall provide professional computer, data audit. compliance management and
management
consulting services ( "Services') in accordance with the below statement of work Azavar will render tine services provided under
this Agreement
in a workmanlike manner in accordance with industry standards. The services and work provided shall be provided in
substantial
accordance with the below statements:
(a)
Azavarshall undertake a Municipal Audit Program on behalf of the Customer. As part of the Municipal Audit Program Azavarshall,
on behalf of the Customer, separately audit each utility tax, taxpayer, franchise fee, and utility service fee and expense imposed by or
upon the Customer within tine Customers corporate boundaries ( "Audits') including, but not limited to Elecnic. Gas. Cable. and
Telecommunications providers ("Providers ") on behalf of the Customer. Azavar shall also audit during the course of its wort: for the
Customer addresses and databases relating to local sales /use taxes. Where applicable Azavar shall audit water service. expense, and
taxes and hotel /motel occupancy taxes.
(b)
The purpose of each audit is to determine past, present, and future taxes, franchise fees, service fees - or any other refunds. monies or
revenue owed to the Customer that were not properly attributed to the Customer or were not properly paid or collected and to
determine future taxes, franchise fees, and other monies owed to the Customer not previously counted so that Customer can collect
these past present, and future monies. Federal and Illinois state law, the Customer's own local ordinances and databases, and the
franchise agreements and contracts or bills between Customer and Providers are used by Azavar to conduct the Audits and Azavar
will present to Customer in writing during the course of the Audits findings of monies due or potentially due to the CnSlOmer for
review by the Customer ("Findings"),
(c)
Customer hereby represents that it is not engaged in any Audits as contemplated under this Agreement and shall therefore pay Azavar
the fees set forth in this Agreement for any Findings made by Azavar. Customer agrees that it shall not initiate or engage in any
Audits contemplated under this Agreement without Azavar's written consent.
(d)
In order to perform the audits, Azavar will require full access to Customer records and Provider records. Customcr will use its
authority as necessary to assist in acquiring information and procure data from Providers; Customer agrees to cooperate with Azavar,
provide any necessary documentation, and will engage in necessary meetings with Providers;
(e)
During the course of each audit, Azavar may find that rather than being owed past due funds. the Customer owes funds enoncously
paid to the Customer. In this case, Azavar will immediately terminate its participation lot that specific Provider audit at no cost to
the Customer and will document the error and provide the Customer with information necessary to correct tine error. Azavar shall
have no liability to Customer for these errors or actions arising from Azavar's or Customers knowledge thereof.
(f)
Customer acknowledges that each Provider is a separate entity that is not controlled by Azavar and therefore Azavar cannot predict
all the steps or actions that a Provider will take to limit its responsibility or liability during the audit.
'the
(g)
first audit start date is expected to be within no later than thirty (30) days from the date of this Agreement unless changed and
approved by the Customer's Audit Primary Contact and Liaison:
(h)
Each audit is expected to last at least six (6) months. Each subsequent audit will begin after payment terms and obligations have been
met from previously completed audits however overlapping audit work may take place at the discretion of Azavar. Audit timelines
are set at the discretion of Azavar;
(i)
Audit status updates/meetings will be held regularly via phone, email, or in person throughout the course of the Audits between
Azavar and the Customer's Audit Primary Contact and Liaison and will occur approximately every month;
(j)
.lason Pen). Azavar Municipal Audit Program Manager, and Azavar specialists will be Auditors under this agreement. All Azavar
staff shall be supery ised by the Azavar Program Manager. ,
L2 Customer agrees to provide reasonable facilities, space, desks, chairs, telephone and reasonably necessary office supplies for Consultants
working on Customer's premises as may be reasonably required for the performance of the Services set forth in this Agreement and in any
Exhibit hereto. Customer will assign and designate an employee to be the Audit Primary Contact and Liaison. The Customer's Audit Primary
Contact and Liaison will be the final decision maker for the Customer as it relates to this audit and will meet with Azavar staff on a regular basis
as necessary. Lack of participation of Customer staff, especially at critical milestones during an audit, will adversely affect the audit timeline
and successful recovery of funds. While Azavar strives to provide turn-key audit programs that require little Customer staff-time, it is important
that tine Customer's staff be available for meetings and participation with Providers to properly verify records and recover funds.
2. INDEPENDENT CON"TRACFOR. Azavar acknowledges and agrees that the relationship of the parties hereunder shall be that of independent
contractor and that neither Anvar nor its employees shall be deemed to be an employee of Customer for any reason whatsoever. Nedlicn- Azavar nor
Azavar's employees shall be entitled to any Customer employment rights or benefits whatsoever. Customer shall designate .lason Peny and assigned
auditors as authorized employees Lou the sole and limited purposes of reviewing data provided by the Illinois Department of Revenue when
necessary.
PAYMENT TERMS.
3.1 Customer shall compensate Azavar the fees set forth in this agreement on a contingency basis. ifapplicable, Azavar shall submit an invoice to
Customer on a monthly basis detailing the amounts charged to Customer pursuant to the terns of this Agreement. Customer shall remit
payment to Azavar in accordance with the Local Government Prompt Payment Act Contingency payment terms are outlined below. If
Customer negotiates, abates, cancels, amends, or waives, without AzawaCs written consent, any tax determination or Findings that were
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identified by Azavar or by its Audits where such findings were allowed under the law at the time the tax determination or Findings were made_
Customer shall pay to Azavar applicable contingency fees for the total said tax determination or Findings at the rates set forth below and for [he
following thirty -three (33) months. If Customer later implements during the subsequent thirty -three (33) months any Findings Customer
initially declined based on Azavar programs or recommendations, including overall utility audits included herein. Azavar will be entitled to its
portion of the savings and /or recoveries over the following thirty -three (33) months at the contingency fee rates set forth below.
3.2 Customer shall pay Azavar an amount equal to forty -five (45) percent of any new revenues or prospective funds recovered per account or per
Provide. for thirty -[lace (33) months following when funds begin to be properly remitted to the Customer. In the event Azavar is able to
recover any retroactive funds, any additional savings or revenue increases for any time period. or any credits at any time, Customer will pay
Azavar an amount equal to forty -five (45) percent of any retroactive funds, savings. and fair market value for any other special consideration it
compensation recovered for and /or by the Customer from any audited Provider. All contingency fees paid to Azavar are based oil
determinations of recovery by Azavar based on Provider data and regulatory filings and agreed to by the Customer. All revenue alter the
subsequent thirty -three (33) month period for each account individually will accrue to the sole benefit of the Customer.
3.3 As it pertains to Customer utility service bill and cost audits, Customer shall pay Azavar an amount equal to forty -five (45) percent of
Prospective savings approved by Customer for thirty -three (33) months following the date savings per Provider is implemented by Azavar or
Customer. In the event Azavar is able to recover any refunds or any credits at any time, Customer will pay Azavar an amount equal to Ibny -five
(45) percent ofsaid refunds or credits. All contingency fees paid to Azavar are based on determinations of savings by Azavar. All savings after
the subsequent thirty -three (33) month period for each service provider individually will accrue to the Sole benefit of the Customer.
3.4 The Glenview Audit Consortium Discount. The Glenview Municipal Audit Consortium will consist of the at least four members ("Members'-)
including the Village of Glenview, the Customer, and at least two other municipalities local to the Village of Glenview. For the Glenview
Municipal Audit Consortium m be considered formed, all Members must submit an executed Azavar Contingent Fee Professional Services
Agreement to Azavar no later than May 16, 2012. Upon [lie formation of fhe Glenview Municipal Audit Consortium, which must occur an Inter
than May 16, 2012, Azavar will discount the contingent fee specified in Section 3.2 and Section 3.3 above of forty -five percent (45% to forty
percent (40 %). In the event the Glenview Municipal Audit Consortium is not formed by May 16, 2012, Azavar's contingent fee shall remain at
forty -five percent (45 %) for the Client.
CONFIDENTIAL INFORMATION
4.1 Each party acknowledges that in the performance of its obligations hereunder, either party may have access to information belonging to the
other which is proprietary, private and highly confidential ( "Confidential Information "), Each party, on behalf of itself and its employees,
agrees not to disclose to any third party any Confidential Information to which it may have access while perton ling its obligations hereunder
without tine written consent of the disclosing party which shall be executed by an officer of such disclosing party. Confidential Information does
not include: (i) written infornnation legally acquired by either party prim to tie negotiation of this Agreement, (ii) information which is or
becomes a matter of public knowledge, (iii) information which is or becomes available to the recipient party from third parties where such third
parties have no confidentiality obligations to the disclosing party; and (iv) information subject to disclosure under Illinois Freedom of
Information Act Is ILCS 140/1 etseq.).
4.2 Azavar agrees that any work product or any other data or information that is provided by Customer in connection with the Services shall remain
the property of Customer, and shall be returned promptly upon demand by Customer, or if not earlier demanded, upon expiration of the Set vic ^s
provided under the Statement of Work hereto.
INTELLECTUAL PROPERTY
5.1 No work performed by Azavar or any Consultant with respect to tine Services or any supporting or related documentation thereon. shall he
considered to be a Work Made for Hire (as defined under F.S. copyright law) and, as such, shall be owned by and for the benefit of Azavar. In
the event that it should be determined that any cf such Services or supporting documentation qualities as a "Work Made for Hire" under U.S.
copyright law, then Customer will and hereby does assign to Azavar, for no additional consideration, all right. title, and interest that it may
Possess in such Services and related documentation including, but not limited to, all copyright and proprietary rights relating thereto. Upon
request. Customer will take such steps as are reasonably necessary to enable Azavar to record such assignment. Customer will sign, upon
request, any documents needed to confirm that tine Services or any portion thereof is not a Work Made for Hire and /or to effectuate tine
assignment of its rights to Azavar.
52 Under no circumstance shall Customer have the right to distribute any software containing, or based upon. Confidential Infomlation of Azavar
to any third party without the prior written consent of Azavar which must be executed by a senior officer of Azavar.
DISCLAIMER
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, AZAVAR DOES NOT MAKE ANY WARRANTY, EXPRESS OR
IMPLIED, WITH RESPECT TO THE SERVICES RENDERED UNDER THIS AGREEMENT OR TILE RESULTS OBTAINED FROM
AZAVAR'S WORK, INCLUDING, WITHOUT LIMI-rATION, ANY IMPLIED WARRANTY OF MERCHANTABILF1 Y OR FITNESS
FOR A PARTICULAR PURPOSE- IN NO EVENT SHALL AZAVAR BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL,
OR INDIRECT DAMAGES, OR FOR ACTS OF NEGLIGENCE THAT ARE NOT INTENTIONAL OR RECKLESS IN NATURE,
REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER AGREES TIIA'I
AZAVAR'S LIABILITY HEREUNDER FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED 'TILE,
TOTAL AMOUNT PAID FOR THE SERVICES GIVING RISE TO THE DAMAGES FINDER THE APPLICABLE ESTIMATE OR IN
14I4E AUTHORIZATION FOR THE PARTICULAR SERVICE IF NO ESTIMATE IS PROVIDED.
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7. TERMINATION
7.1 Unless earlier terminated in accordance with Section 7.2 below, this Agreement shall he effective from the date first written above and shall
continue thereafter until terminated upon 90 days written notice by Customer or Azavar.
7.2 Termination for any cause or under any provision of this Agreement shall not prejudice or affect any right of action or remedy which shall have
accrued or shall thereafter accrue to either party.
7.3 'Fhe provisions set forth above in Section 3 (Payment Terms), Section 4 (Confidential Infornmtion). and Section 5 (Intellectual Property) and
below in Section 9 (Assignment), and Section 10 Wse of Customer Name) shall survive termination ofthis Agreement.
R. NOTICES. Any notice made in accordance with this Agreement shall be sent by certified mail or by overnight express mail:
I No Azavar If to Customer
General Counsel Village Attorney
Azavar Audit Solutions, Inc. Village of Morton Grove
234 South Wabash Avenue, Sixth Floor 6101 Capulina Avenue
Chicago, Illinois 60604 Morton Grove, Illinois 60053
9. ASSIGNMENT. Neither party may assign this Agreement or any of its rights hereunder without the prior written consent of the other party hereto,
except Azavar shall be entitled to assign its rights and obligations under this Agreement in connection with a sale of all or substantially all of
Azavar's assets.
10. TSE OF CUSTOMER NAME. Customer hereby consents to Azavar's use of Customer's name in Azavar's marketing materials; provided.
however, that Customer's name shall not be so used in such a fashion that could reasonably be deemed to be an endorsement by Customer of Azavar
unless such an endorsement is provided by customer.
I I. COMPLETE AGREEMENT. This Agreement, along with each Statement of Work attached hereto from time to time, contains the entire
Agreement between the parties hereto with respect to the matters specified herein. The invalidity or unenforceahili[y, of any provision of this
Agreement shall not affect the validity or enforceability of any other provision hereof. This Agreement shall not be amended except by a written
amendment executed by the parties hereto. No delay, neglect or forbearance on the part of either party in enforcing against the other any tern or
condition of this Agreement shall either be, or be deemed to be, a waiver or in any way prejudice any right of that party under this Agreement. This
State of Illino s.
Agreement shall be construed in accordance with the laws of the State of Illinois and Ore parties hereby consent to the jurisdiction of the courts of the
i
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate originals by their duly authorized representatives as ofthe date
set forth below.
AZAVAR AUDIT SOLUTIONS, INC. CUSTOMER VILLAGE OF MORTON GROVE ILLINOIS
By
Title
By
Title
Date Date
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