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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 � osc !I > 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 u — E ui o > p O c O � R O SI C LLO � C � � v LL E O v w u C7 C �( - J X _J h > C R m 6! Y 3 R v h a E v D i s.+ X a r C O V T 3 E ® 1J s.i CL m 7 M3 ° 11I i" Dempster St I 9 61 d Y a Legend ED RPA Boundary Assessment Blocks v 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 SB Friedman il Development Advieva www.sbfriedman.com P, ,I Hazel St 9!_ Q' Churchill SP Churchill Sit - — Greenwood St a: ` I e > 4 c� nN > C M3 ° 11I i" Dempster St I 9 61 d Y a Legend ED RPA Boundary Assessment Blocks v 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 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 u _ > O1 ¢ v, ;u Churchill St -" Y! Y, mi O'_ 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 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 ....... ¢ Davis St_. _ s. 4 Hazel St _... I Q'. LI V Q Churchill St Churchill St Greenwood St a z. y O: w ' 3 v Dempster St . .. a m a 0 as s 3 u 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 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. SB FRIEDMAN I DEVELOPMENT ADVISORS 27 www.sbfriedman.com 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 www.sbfriedman.com 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. SB FRIEDMAN ( DEVELOPMENT ADVISORS 32 www.sbfriedman.com 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 SB FRIEDMAN I DEVELOPMENT ADVISORS 33 www.sbfriedman.com 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. SB FRIEDMAN I DEVELOPMENT ADVISORS 34 www.sbfriedman.com 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. 513 FRIEDMANI DEVELOPMENT ADVISORS 35 www.sbfriedman.com 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. SB FRIEDMANI DEVELOPMENT ADVISORS 36 www.sbfriedman.com 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 DID G' Ai M: iu 1 a„ I me R Map 2: RPA Boundary 0. B Friedman sm.« Exhibit C to Ordinance 12 -17 Map of Project Area Davis St t ro� DID Hazel St Q vze Q' DO ', , m 1. (•''. N S U Churchill St �T m x- a �.' ®.,,. CID 051 DID i �I Dempster St III m, Co Legend RPA Boundary I Assessment Blocks 7 Parcels Note: denotes assessment block (first 7 digits of PIN) as defined by Cook County Assessor's Office a N 0 600 t f � Feet 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 Page I of 3 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. Page 2 of 3 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 Page 3 of 3