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2012-08-13 Agenda
VILLAGE OF MORTON GROVE MEETING OF BOARD OF TO BE HELD AT THE RICHARD T, FLICKINGEV 11, 1 TNICII?AJj h AUGUST 13, 2012 7.00 pin Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes — Special minutes from July 9, 2012 Regular minutes from July 9, 2012 5. Special Reports a. Presentation by the North Shore Senior Center Cynthia Phon regarding Transportation Options b. Introduction of New Chamber Executive Director by Morton Grove Chamber President Richard Block C. Natural Resource Commission 2012 Champion and Heritage Tree Program Presentation by Mary Bush and Grant Gilbert d. Expected siting process for Lakeshore Transfer Station Presentation to be made by Village Administrator Ryan Horne 6. Public Hearings a. To Consider the Adoption and Approval of the Business District for the Dempster /Waukegan Redevelopment Area Residents' Comments (agenda items only) 8. President's Report — Administration, Northwest Municipal Conference, Council of Mayors, TIF Committee, Capital Projects, Real Estate Committee 1) Ordinance 12 -27 (Introduced August 13, 2012) (First Reading) Amending Title 4, Chapter 3 Entitled Liquor Control of the Municipal Code 9. Clerk's Report — Legal, Cahle and Telecommunications Commission 10. Staff Reports a. Village Administrator 1) Presentation concerning the Illinois Gaming Board 2) Miscellaneous Reports and Updates b. Corporation Counsel 11. Reports by Trustees a. Trustee DiMaria - Fire Department, Emergency Management Agency, RED Center, NIPSTA, Police and Fire Commission (Trustee Grear) b. Trustee Gomberg — Police Department, Environmental Health, Police and Fire Commission, IT Communications (Trustee Marcus) I) Resolution 12-58 (Introduced August 13, 2012) Authorizing an Agreement between the State of Illinois and the Village of Morton Grove Local Liquor Control Commission to Send Background Fingerprint Checks Both Manually and Through the Livescan Fingerprint Machine 2) Ordinance 12 -31 (Introduced August 13, 2012) (First Reading) Amending Title 4, Chapter 213 and Chapter 2C of the Municipal Code Entitled Amusements 3) Resolution 12 -59 (Introduced August 13, 2012) Authorizing an Intergovernmental Agreement with the Village of Glenview for Joint Public Safety Communications Services C. Trustee Grear — Community and Economic Development Department, Chamber of Commerce, Waukegan Road TIF Review, Lehigh/Ferris TIF Review, Demluter Street Corridor Plan, Real Estate Committee, Comprehensive Plan, Economic Development (Trustee DiMaria) 1) Ordinance 12 -28 (Introduced August 13, 2012) Approving the Designation of the Business District for the Dempster /Waukegan Redevelopment Project Area 2) Ordinance 12 -32 (Introduced August 31, 2012) Imposing Business District Taxes within the Dempster Waukegan Business District in the Village 3) Resolution 12 -60 (Introduced August 13, 2012) Authorizing the Village to Acquire Property Commonly Known as 8735 Narragansett 11. Reports by Trustees (continued) d. Trustee Marcus — Public Works Department, Condominium Association, Community Relations Commission, Solid Waste Agency of Northern Cook County, Natural Resource Commission, Traffic Safety Commission ('Trustee Thill) 1) Ordinance 12 -25 (IntroducedJuly 9, 2012) (Second Reading) Amending Title 5, Chapter 13, Article A -3 Entitled Traffic Schedules of the Municipal Code of the Village 2) Resolution 12 -61 (Introduced August 13, 2012) Authorizing the Purchase of Gasoline and Diesel Fuel from Palatine Oil Company, Inc. through the Suburban Purchasing Cooperative 3} Ordinance 12 -29 (Introduced August 13, 2012) (First Reading) Amending Title 7, Chapter 1, Article 15 -B & D Entitled Streets and Public Ways of the Municipal Code of the Village 4) Resolution 12 -62 ( Introduced August 13, 2012) Authorizing the Execution of a Contract with Arrow Road Construction Company for the 2012 Street Patching Program 5) Resolution 12 -63 (Introduced August 13, 2012) Authorizing the Execution of a Contract with Hayes Mechanical for the Maintenance of Heating and Air Conditioning Equipment e. Trustee Thill — Building Department, Appearance Commission, Capital Projects, Plan Commission/Zoning Board ofAppeals (Trustee Toth) 1) Ordinance 12 -26 (Introduced July 9, 2012) (Second Reading) Granting a Special Use Permit to Allow a Martial Arts School of Over 1,000 sq ft at the Property Located at 6103 Dempster, Morton Grove, Illinois 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 -64 (Introduced August 13, 2012) Authorizing an Intergovernmental Agreement By and Between the Illinois Office of the Comptroller and the Village Regarding Access to the Comptroller's Local Debt Recovery Program 2) Resolution 12 -65 (Introduced August 13, 2012) Authorizing the Execution of a Contract with Xsell Technologies to Provide Technical Support for the Village with the Illinois Comptroller's Office Local Debt Recovery Program 3) Ordinance 12 -30 (Introduced August 13, 2012) (First Reading) Amending Title 5, Chapter 3 of the Municipal Code Entitled "Vehicle Licenses" 12. Other Business 13. Presentation of Warrants — .iuly.23, 2012 $ 858,427.03 August 13, 2012 $ 880,489.34 Total $1,738,916.37 14. Residents' Comments 15. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate 16. Adjournment - To erasure full accessibility and equal participation for all interested citizens, individuals wilt disabilities who plan to attend and who require certain accommodations in order to observe and/or participate in this meeting, or who have questions regarding the accessibility of these facilities, are requested to contact Susan or Marlene (8471470 -5220) promptly to allow the Village to take reasonable accommodations. MINUTES OF THE JULY 9, 2012, SPECIAL MEETING OF THE BOARD OF TRUSTEES RICHARD T. FLICKINGER MUNICIPAL CENTER 6101 CAPULINA AVENUE MORTON GROVE, ILLINOIS 60093 Pursuant to proper notice in accordance with the Open Meetings Act, the special meeting was called to order at 6:00 pm by Village President Daniel J. Staackmann who led the assemblage in the pledge of allegiance. Clerk Kalogerakos called the roll. In attendance were: Elected Officials: Mayor Daniel J. Staackmann, Village Clerk Tony S. Kalogerakos, and Trustees Daniel DiMaria, Larry Gomberg, William Great, Sheldon Marcus, John Thill, and Trustee Toth Absent: None Village Staff: Village Administrator Ryan J. Horne and Corporation Counsel Teresa Hoffman Liston Also Present: None Mayor Staackmann asked Village Administrator Ryan Horne to give a brief report on the Executive Work Plan. Mr. Horne stated the next step in preparing the Work Plan was to meet individually with Trustees to discuss their goals and concerns. He would then revise the Executive Work Plan and incorporate these aspects in the preparation of the 2013 Budget. Mayor Staackmann stated the remaining topics of the meeting were to discuss pending litigation, personnel matters, and real estate matters. These topics are appropriate for Executive Session. Trustee DiMaria then moved to adjourn to Executive Session to discuss pending litigation, personnel matters, and real estate matters. The motion was seconded by Trustee Gomberg and approved unanimously pursuant to a roll call vote at 6:02 pm. At the close of the Executive Session, Trustee Toth moved to adjourn the Special Meeting. The motion was seconded by Trustee Marcus and approved unanimously pursuant to a voice vote at 6:50 pm. Minutes by: Tony S. Kalogerakos, Village Clerk Village President Dan Staackmann called the meeting to order at 7:00 p.m. and directed the Clerk to call the roil. I I. Village Clerk Tony Kalogerakos called the roll. Present were: Trustees Dan DiMaria, Larry Gomberg, Bill Grear, Shel Marcus, John Thill, and Maria Toth. a. Regarding the Minutes of the Special Meeting of June 25, 2012, Trustee DiMana moved, seconded by Trustee Toth, to accept the Minutes as presented. Motion passed unanimously via voice vote. IV. Regarding the Minutes of the June 25, 2012 Regular Board Meeting, Trustee DiMaria moved, seconded by Trustee Toth, to accept the Minutes as presented. Lotion passed unanimously via voice vote. 1. Plan Bill Porter, due to a Commission Case PC 12 -05 Requests a Special Use Permit for a Martial Arts School, over 1.000 Square Feet at 6103 Dempster, a. This case was presented to the Board by interim Building Commissioner, Bill Porter, due to a family emergency that precluded Plan Commission Chairman Ron Farkas from attending. b. Mc Porter explained that the Applicant, North Shore Martial Arts, proposes to renovate the existing tenant space for a martial arts school, which will have a variety of classes during the day and evenings. The space is approximately 1,650 square feet in a multi- tenant building that contains other commercial uses, such as a rental car office and a medical office. c. At the Plan Commission hearing held on June 18, 2012, Director of Community Development John Said explained that the Village's Unified Development Code allows martial arts schools of less than 1,000 square feet as permitted uses, those over 1,000 square feet must obtain a special use permit. 1Ninutes af,JU10,10,12'8oard '..`.'. IV. SPECIAL REPORTS (continued) The applicant was represented at the Plan Commission hearing by Mr. Greg Gilbert and Ms. Susanne Gilbert, family friends. They said that the martial arts school was previously located in the Bally's Fitness Center at Prairie View Shopping Center, but when LA Fitness took over Bally's, the martial arts school was not allowed to continue as a tenant there. It is planned that the school will have classes on days and evenings, including weekends. Many of the students will be dropped off and picked up by their parents. Typically, students carpool to classes, which helps reduce the number of trips and the parking needs for this use. Village staff found that the existing parking lot and the adjacent public parking lot will easily handle the needs for the martial arts school. e. The Plan Commission members unanimously (with one absent) recommended that the Board approve this Special Use request. Mayor Staackmann asked the Board if they had any questions. f. Trustee Toth noted that employee parking was to be in the rear of the building. She asked if all the parking was in the rear of the building, or would overflow go in the front parking lot. She wondered how many spaces were in the rear of the building, and how many employees would be there at any given time. g. Grant Gilbert responded that there are 22 spaces in the rear, and generally only one employee there at any time. Corporation Counsel Liston called to the Board's attention item #2 in the "Findings of Fact." This finding indicates that the overall parking supply in this area is excellent, with 55 spaces on site and 22 spaces immediately east of the building. h. Trustee Thill commented that the group gave an excellent, professional presentation at the Plan Commission hearing and commended the Gilberts. Trustee DiMaria moved to accept the Plan Commission's report, seconded by Trustee Thill. Motion passed unanimously via voice vote. V. PUBLIC HEARINGS NONE VI, RESIDENTS' COMMENTS (Agenda Items only) NONE VII. PRESIDENT'S REPORT Mayor Staackmann thanked Village staff and Village personal for all of their assistance and hard work during the Morton Grove Days festivities. He noted that this is the first year the Mor- ton Grove Days Commission is operating as a separate, stand -alone entity, and thanked eve- ryone on the Commission for doing an admirable job. He also gave kudos to Trustee Grear for all of his hard work during the event and in the months preceding the event. Unutesxif.July 9,10129mrd �f4� VIII. CLERK'S REPORT Clerk Kalogerakos said he and his family "had a blast" at the Morton Grove Days festivities and complimented the Commission for doing a phenomenal job. lX. STAFF REPORTS A. Village Administrator Village Administrator Ryan Horne summarized the evening's agenda. B. Corporation Counsel: Corporation Counsel Liston had no report. X. TRUSTEES'REPORTS A. Trustee DiMaria: Trustee DiMaria echoed the sentiments of Mayor Staackmann and Clerk Kalogerakos regard- ing the Morton Grove Days festivities. He, too, thanked Trustee Grear, who "puts his heart into this celebration ". Trustee DiMaria said the festivities are about "community," and said that he is proud of all the volunteers and the Village staff who assisted. He thanked the Morton Grove Days Commission for all their hard work as well. B. Trustee Gomberc: Trustee Gomberg said that he really enjoyed the Morton Grove Days festivities. He worked the Information Booth and said he had a great time. He thanked everyone for their time and efforts. C. Trustee Grear. 1. Trustee Grear presented Resolution 12 -55, Setting a Time and Place for a Public Hearing Regarding a Redevelopment Plan and Project, Designating a Redevelopment Project Area, and Adopting a TIF, All For the Dempster/Waukegan Redevelopment Area. a. He explained that this resolution will set a public hear on September 10, 2012, for public comments pertaining to the designation of the Dempster/Waukegan Area as a Redevelopment Project Area, and adopting tax increment allocation financing for the area pursuant to the Illinois Tax Increment Allocation Redevelopment Act. The Village has determined that the Dempster /Waukegan area meets the applicable criteria for designation as a TIF redevelop- ment area. A study done by S.B. Friedman and Company is available for public review on the Village's website and in the Village Clerk's office. ' - AnUtes ofJUl 94012136ard4teet1W X. TRUSTEES' REPORTS (continued) C. Trustee Grear: (continued) b. Trustee Grear moved to approve Resolution 12 -55, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aae Tr. Gomberg acre Tr. Grear aye Tr. Marcus acre Tr. Thill ?L Tr. Toth aye z. Next Trustee Grear presented for a first reading Ordinance 12 -24, Proposing the Approval of a Business District Plan, the Designation of the Dempsterlwaukegan Business District, and the Imposition of Business District Taxes Pursuant to the Business District Development and Redevelopment Law. a. Trustee Grear said that a Business District created contiguous to the boundaries of the DempsterA' aukegan TIF District would allow the Village to impose a sales tax within the area. A sales tax of .25% is being considered. Revenue collected from this tax would be used to improve the area and stimulate economic growth. He added that, in order to create a Business District, the Village must pass this Ordinance to set the time and place for a Public Hearing. The Public Hearing will take place on August 13, 2012, at 7:00 p.m. b. Corporation Counsel Liston pointed out that Village staff had requested that the second reading of this Ordinance be waived, since there will not be a second Board Meeting in the month of July. She noted that the Business District statute required that setting the time and date for a Public Hearing be done by Ordinance, otherwise the Village would have done it by Resolution, similarly to the Public Hearing just set by Resolution 12 -55. c. Trustee Grear moved to waive the second reading, seconded by Trustee Thill. Motion passed: 5 ayes, 1 nay. Tr. DiMaria acre Tr. Gomberg acre Tr. Grear afire Tr. Marcus aye Tr. Thill acre Tr. Toth nay Trustee Grear then moved to adopt Ordinance 12 -24, seconded by Trustee DiMaria. Motion passed: 6 ayes, 0 nays. Tr. DiMaria acre Tr. Gomberg aye Tr. Grear aye Tr. Marcus acre Tr. Thill save Tr. Toth acre 3 Trustee Grear announced that the Economic Development Commission would be sponsoring another car show this Friday night. He said the EDC does a wonderful job and encouraged everyone to come out, see the cars, and socialize. 4. Trustee Grear said that he appreciated the accolades regarding Morton Grove Days, but felt that everyone did a great job and they should all be singled out. He acknowledged Morton Grove Days Commission Chairman Mark Manno in the audience this evening, who was so critical to the success of the four -day event. The fireworks were great, EMA did a fabulous job, the Public Works Department and Paul Tobin were outstanding —it could not have happened without a great team of dedicated volunteers. He thanked everyone involved in the endeavor. �.. r, .. .- 4Vlinufes ,uY.JulY9,�013'�vaYd'Nleeiigii' X. TRUSTEES' REPORTS (continued) D. Trustee Marcus: 1. Trustee Marcus presented for a first reading Ordinance 12 -25, Amending Title 5, Chapter 13, Article A -3 Entitled "Traffic Schedules" of the Municipal Code of the Village of Morton Grove. a Trustee Marcus explained that this ordinance will establish a three -way stop on Lincoln Avenue at the entrance to the St. Paul Woods. He said that, during construction of the Homestead development, it became apparent that site issues existed for traffic traveling along Lincoln Avenue at the Forest Preserve entrance. As a precaution, "warning" and "hidden driveway" signs were installed. However, after the installation of landscaping at the develop- ment, the site issues have become even more severe. Staff is recommending the installation of a three -way stop at the location in order to remedy a potentially dangerous situation. b. Trustee Marcus said the cost for the new signage is approximately $100. He added that the Traffic Safety Commission encouraged this recommendation. c Trustee Thill noted that there is already a stop sign at the Forest Preserve and Lincoln Avenue for vehicles exiting the preserve at that location. He wondered if the Village had to have "three -way stop" in its ordinance, and asked if the Village will be liable for that stop sign or if it's just going to be liable for two of the three stop signs. Corporation Counsel Liston said she would be happy to do more research on this matter. d. Trustee Marcus had a question for Public Works Director Andy DeMonte. Trustee Marcus noted the original intent was to have warning signs at the subject location, but with visibility reduced after the landscaping was added, Public Works was suggesting stop signs be installed. He wondered if Mr. DeMonte had discussed this with Traffic Safety Commission Chairman Keith White. e. Mr. DeMonte said that he did have a conversation with Mr. White, and learned that, when the development's plans were initially presented, it was the Traffic Safety Commission's recommendation at that time to have a three -way stop installed at that location. At that time, Public Works had disagreed and had thought that warning signs would be sufficient. f. Trustee Marcus said that, since the Forest Preserve has a sign there already, is the Village responsible it and for the two new signs that will be installed? Mr. DeMonte said the Forest Preserve is responsible for the existing sign and the onus is on them to keep it. There was no further discussion on Ordinance 12 -25, 3. Trustee Marcus then brought forward Resolution 12 -56, Authorization to Execute Change Order No. 1 to the 2012 Street Improvement Program Contract With Arrow Road Construction Company. a Trustee Marcus said this will increase the amount of the Arrow Road Construction contract for the 2012 Street Improvement Program by $19,000. He said that Resolution 12 -24 authorized the contract with Arrow Road Construction Company in the amount of $1,988,872.50. Public Works is replacing and improving the storm sewer system under a driveway at the Public Works facility, which will require the replacement of asphalt pavement. :� ` - . , Minnt�5 bi July�,20A8 Busrd�lAeet3"`�. X. TRUSTEES' REPORTS (continued) D. Trustee Marcus: (continued) Arrow Road Construction Company has more suitable equipment than Public Works to perform this work to provide proper compaction and smoothness for this driveway, which is regularly used by the heaviest Village vehicles. The construction company has agreed to perform this extra work at the contract unit prices for the 2012 Street Improvement Program. A change order is required because the net change to the original contract amount is greater than $10,000. Trustee Marcus moved, seconded by Trustee Grear, to approve Resolution 12 -56. Lotion passed: 6 ayes, 0 nays. Tr. DiMaria acre Tr. Gomberg acre Tr. Grear acre Tr. Marcus aae Tr. Thill awe Tr. Toth aye Trustee Marcus echoed his colleagues' thanks to all the volunteers and Village staff who made the Morton Grove Days event such a success. He said he worked in the Information Booth and saw many members of the Board and staff in attendance. He acknowledged the great work done by Commission Chair Mark Manno and board liaison Trustee Grear, who also did an outstanding job as emcee. Trustee Marcus said that Morton Grove Days is a great family and village event. Anyone who missed it missed something wonderful. E. Trustee Thill: Trustee Thill presented for a first reading Ordinance 12 -26, Granting a Special Use Permit to Allow a Martial Arts School (Over 1,000 Square Feet) at the Property Located at 6103 Dempster. This is pursuant to Plan Commission Case PC12 -05, heard earlier this evening. There was no discussion on Ordinance 12 -26. Trustee Thill said, in light of the extraordinary heat of the summer thus far, that he would recommend that the Police Department and EMA consider a uniform that includes shorts for its personnel. Trustee Toth: Trustee Toth presented Resolution 12 -57, Authorizing the Appointment of a Delegate and Alternate Delegate to the intergovernmental Risk Management Agency (IRMA). She explained that IRMA requires the Village to adopt a resolution to designate its representa- tives to this Agency. This resolution authorizes Remy Navarrete, Finance Director, to represent the Village on the Board of Directors of IRMA, and Peter Falcone, Assistant to the Village Administrator, as the alternate representative. �. " _. � TTm�lkes riY.RllY;9,3b]"1,�pardMB"r:.�. X. TRUSTEES' REPORTS (continued) F. Trustee Toth: (continued) Trustee Toth moved, seconded by Trustee Marcus, to approve Resolution 12 -57. Motion passed: 6 ayes, 0 nays. Tr. DiMaria acre Tr. Gomberg acre Tr. Grear a rye Tr. Marcus acre Tr. Thill acre Tr. Toth acre Trustee Toth announced that an expert from the North Shore Senior Center's Social Services staff, in conjunction with the Village's Commission on Aging, would be presenting a program on "Using Transportation Services" at 2:00 p.m. at the Civic Center tomorrow. XI. OTHER BUSINESS NONE XIt. WARRANTS Trustee Toth presented the Warrants in the amount of $517,944.06. She moved to approve the Warrants, seconded by Trustee Thill. a. Trustee Thill questioned a charge for $5,000 on page 7 of the Warrants for "annual combined sewer overflow ". He wondered what it was for. Ms. Navarrete said this was the annual fee for the combined sewer overflows the Village has in the North Branch of the Chicago River. In case of a severe flood, if MWRD treatment plant can't take any more water, the Village's sewage is diverted to the Deep Tunnel, and if that fills up, the Village has an outlet that directly flows into the river, b. Trustee Thill asked Mr. DeMonte how it is determined that the Village's overflow goes in there. Is it based on volume or does someone here throw a switch? Mr. DeMonte said it's basically a result of severe rain; when too much water is going into the system, the water is diverted to the Deep Tunnel. If that fills up, there's an automatic "gate" that will open, dumping raw sewage into the Chicago River. Mr. DeMonte said, in his 44 years of working at the Village, he's only seen that happen once. c. Trustee Thill wondered if every community hooked into the Deep Tunnel has to pay this annual fee. Mr. DeMonte said that any community with a sewage outfall has to pay it. He added that the money goes to Environmental Protection Agency and commented that the Village is also charged for storm water outfalls. There was no further discussion on the Warrant Register. Upon the vote, the motion passed: 6 ayes, 0 nays. Tr. DiMaria awe Tr. Gomberg aye Tr. Grear acre Tr. Marcus aave Tr. Thill aae Tr. Toth aae Minutes t fJuly�'9, x0128oard Meefi*� XIII. RESIDENTS' COMMENTS NONE XIV. ADJOURNMENT /EXECUTIVE SESSION Trustee Thill moved to adjourn the Meeting. Trustee Marcus seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. DiMaria acre Tr. Gomberg aye Tr. Grear aye Tr. Marcus acre Tr. Thill acre Tr. Toth aae The meeting adjourned at 7:25 p.m. PASSED this 13th day of August, 2012. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 13th day of August, 2012. Daniel J. Staackmann, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 14th day of August, 2012, Tony S. Kalogerakos, Village Clerk Village of Morton Grove, Cook County, Illinois Minutes ey: Teresa Cousar 8 VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS APPROVAL OF BUSINESS DISTRICT PLAN, DESIGNATION OF BUSINESS DISTRICT AND IMPOSITION OF BUSINESS DISTRICT TAXES Pursuant to Section 1 1- 74.3 -2 of the Business District Development and Redevelopment Law, 65 ILCS 5111-74.3-1 et seq. (the "Act'), that on the 13th day of August, 2012, the President and Board of Trustees of the Village of Morton Grove (the "Village ") will hold a public hearing at 7:00 p.m. at the Richard T. Flickinger Municipal Center, 6101 Capulina Avenue, Morton Grove, Illinois 60053, regarding (i) approval of the "Dempster Waukegan Business District Redevelopment Plan" (the "Business District Plan "), as the business district plan under the Business District Act for the area more fully described below (the "District'); (ii) designation of the District as a business district for purposes of the Business District Act; and (iii) imposition of a retailers' occupation tax and service occupation tax in the District, pursuant to subsection (10) of Section 1I - 74.3 -3 of the Business District Act, The District 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 the north line of Prairie View Park and a line just south of Churchill Street for certain parcels with frontage on Waukegan Road or New England Avenue; and on the south, by the north line of Meadow Lane. A boundary legal description of the District is attached to and made a part of this Notice as Exhibit 1. The Corporate Authorities propose to impose a retailers' occupation tax and a service occupation tax in the District, pursuant to subsection (10) of Section 1 1- 74.3 -3 of the Business District Act at a rate of one - quarter of one percent (0.25 %). The Business Plan sets forth goals to: (1) reduce or eliminate conditions that cause the District to qualify as a blighted area under the Business District Act; (2) provide the direction and mechanisms necessary to establish the District as a vibrant commercial district that accommodates a mix of uses including publiclinstitutional and open space through new development; (3) stimulate the redevelopment of vacant, obsolete, ill configured, and underutilized parcels; and (4) provide and improve necessary public infrastructure, facilities and utilities. Redevelopment of the District will strengthen the economic base and enhance the quality of life of the Village as a whole by revitalizing the commercial corridor along Dempster Street and Waukegan Road. The Business Plan seeks to achieve these goals by implementing an integrated and comprehensive strategy that leverages public resources to stimulate additional private investment. The taxes to be imposed pursuant to subsection (10) of Section 1 1- 74.3 -3 of the Business District Act, as well as other funding sources, will be used to further these purposes. Please see the Business District Plan for a more complete description of the proposed activities. Copies of the Business District Plan are available at the Richard T. Flickinger Municipal Center, 6101 Capulina Avenue, Morton Grove, Illinois 60053, during business hours, Monday to Friday: 8:30 a.m. to 5 p.m. All interested persons will be given an opportunity to be heard at the Hearing and may file written objections with the Village Clerk as to any matters embodied in this Notice. Interested persons are invited to submit comments to the Village concerning the subject matter of the I- tearing prior to the hearing date addressed to: John D. Said, AICP, Community and Economic Development Director, Village of Morton Grove, Richard T. Flickinger Municipal Center, 6101 Capulina Avenue, Morton Grove, Illinois 60053 or to Mr. Said at conmdev(a�),mortoneroveil ora. The Hearing may be adjourned by the President and Board of Trustees of the Village without further notice other than a motion to be entered upon the minutes of the Hearing fixing the tine and place of the subsequent hearing. Exhibit 1 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 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 LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS 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 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 THE NORTHEAST CORNER OF LOT 31 IN SAID FOREST VIEW SUBDIVISION, SAID NORTHEAST CORNER ALSO BEING A POINT ON THE SOUTH RIGHT -OF -WAY LINE OF A PUBLIC ALLEY; THENCE EASTERLY ALONG SAID SOUTH RIGHT -OF -WAY LINE TO THE NORTHWEST CORNER OF LOT 261N SAID FOREST VIEW SUBDIVISION; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 26 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 FEETOF 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 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. Legislative Summary �F� Ordinance 12 -27 i AMENDING TITLE 4, CHAPTER 3, ENTITLED LIQUOR CONTROL OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE Introduced: Synopsis: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommendation: Second Reading: Special Considerations or Requirements: Respectfully submitted: August 13, 2012 This ordinance amends and updates Title 4, Chapter 3 of the Village Code. 'T'o allow and regulate BYOB liquor licenses and video gaming terminals in Class "A ", "B ", "C" Village of Morton Grove liquor license. Village staff periodically reviews Village codes and ordinances to ensure that they are compliance with state statute and current practices. The state of Illinois has recently adopted legislation to allow video gaming terminals in certain establishments which have liquor licenses The village of Morton Grove has chosen to allow video gaming terminals in limited liquor license establishments i.e. only in establishments possessing a Class A ( full pouring -on premise consumption) Class B (beer and wine only- on premise consumption), and Class C (private club) licenses. Some of of the new or revised provisions of the Liquor code include • All liquor license establishments must take their premises accessible to Morton Grove Police Department at any time the premises occupied or alcohol is served; • The number of Class A liquor licenses has been reduced from 15 to 5; the number Class B liquor licenses has been reduced from 15 to 10 and the number of Class C liquor licenses has been reduced from 4 to 2. New provision allowing BYOB licenses for restaurants has been established. Holders of BYOB licenses can provide glassware, ice and cork services to patrons who bring their own bottle of wine to the restaurant to enjoy it with a meal. Licensees are responsible to ensure compliance with all liquor regulations; New provisions to regulate video gaming terminals so that video gaming terminals must not be visible from the street, and not accessible to persons under the age of 21; only five terminals are allowed per establishments; gambling activity must be videotaped with the recordings accessible to the Morton Grove Police Department. Liquor Control Commission, Administration, Police Department, Finance Department, Legal Department The adjustment will have a small impact on the Village's finances. Not applicable The implementation of this ordinance will be performed by the Village President, the Morton Grove Police Department, Finance Department, Administration Department, and Legal Department. Approval as presented Required — Code Amendment (September 10, 2012) None Prepared and Reviewed by: V � Reviewed by: J. Horne Village Administrator Mark Erickson, Chief of Police Teresa Hdffvhan Liston, Corporation Counsel AN ORDINANCE AMENDING TITLE 4, CHAPTER 3 ENTITLED LIQUOR CONTROL OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village is continuously reviewing and as it deems necessary updating existing Municipal Codes (Code) to assure they are kept current and relevant; and WHEREAS, the Local Liquor Control Commission is proposing Title 4, Chapter 3 of the Municipal Code be updated to allow for a new Class "L" to allow individuals to BYOB of wine to local restaurants, and to regulate video gaming at establishments holding a Class "A ", `B ", or "C" Village of Morton Grove liquor license; and WHEREAS, the proposed amendments are in the Village's best interest. 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 4, Chapter 3, entitled Liquor Control is hereby amended by repealing the entire Chapter and replacing it with a new Chapter to read as follows: SECTION: 4 -3 -1: 4 -3 -2: 4 -3 -3: 4 -3 -4: 4 -3 -5: 4 -3 -6: 4 -3 -7: 4 -3 -8: 4 -3 -9: 4 -3 -10: 4 -3 -11: 4 -3 -12: 4 -3 -13: 4 -3 -14: 4 -3 -15: 4 -3 -16: 4 -3 -17: 4 -3 -18: 4 -3 -19: 4 -3 -20: Chapter 3 umfflmz e, CONSTRUCTION: DEFINITIONS: LICENSE REQUIRED: CONSUMPTION, POSSESSION AND STORAGE OF ALCOHOLIC LIQUORS ON UNLICENSED PREMISES: POWERS OF LOCAL LIQUOR CONTROL COMMISSIONER: PRIVILEGE GRANTED BY LICENSE: TERMINATION; TRANSFER OF INTEREST; RENEWAL: CHANGE OF LOCATION: LICENSE CLASSIFICATIONS AND FEES: LICENSE APPLICATION: BOND REQUIRED: AMOUNT; CONDITIONS: CAUSES FOR LICENSE REJECTION, SUSPENSION AND /OR REVOCATION: VIOLATION OF STATE TAX ACTS: REGULATIONS FOR LICENSEES: PROHIBITED CONDUCT: PROHIBITED CONDUCT RELATING TO MINORS: DECLARATION OF NUISANCE: EMERGENCY CLOSING: PROCEEDING BEFORE THE LOCAL LIQUOR CONTROL COMMISSIONER: VIOLATIONS; PENALTIES 4 -3 -1: CONSTRUCTION: This chapter shall be liberally construed, to the end that the health, safety, and welfare of the people of the village of Morton Grove shall be protected and temperance in the consumption of alcoholic liquors shall be fostered and promoted by sound and careful control and regulation of the sale of alcoholic liquor. Nothing in this chapter shall be construed to preempt the Illinois liquor control act of 1934, 235 Illinois Compiled Statutes 5/1 -1 et seq., except to the extent allowed by the Illinois constitution, or where the regulations in this chapter are more restrictive than those in the act, in which case the regulations in this chapter shall be controlling. Except in those instances where the act has been preempted by this chapter, enforcement of the act and this chapter shall be concurrent. (Ord. 06 -20, 6 -12 -2006) 4 -3 -2: DEFINITIONS: Unless the context requires otherwise, the following words and phrases used in this chapter shall have the following meanings: ACT The Illinois liquor control act of 1934, 235 Illinois Compiled Statutes 5/1 -1 et seq., as amended from time to time. ALCOHOL The product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, including synthetic ethyl alcohol, but not including denatured alcohol or wood alcohol ALCOHOLIC Any alcohol, spirits, wine, beer, or other liquid or solid containing more LIQUOR than one -half of one percent (0.5 %) of alcohol by volume which is capable of being consumed as a beverage by a human being. ALCOHOL SALES BASSET, TIPS or such other alcohol sales and service training Program AND SERVICE approved in writing by the Chief of Police TRAINING PROGRAM BARTENDER A person employed by a licensee whose duties include preparing or pouring, and serving alcoholic beverages to customers for on site consumption. A waiter /waitress is not considered a bartender for purposes of this chapter. BEER A beverage obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and bops in water, and includes, among other things, beer, ale, stout, lager beer, porter and the like. BREWPUB See definition of Mierobrewery. CATERER A person who serves alcoholic liquors for consumption at private functions either on site or off site as an incidental part of food service. CLUB A "not for profit club" or "private club" as defined in this section. COMMISSION The local liquor control commission of the village of Morton Grove, Illinois. COMMISSIONER The local Iiquor control commissioner of the village of Morton Grove, Illinois. DISTRIBUTOR A person, other than a manufacturer, who is engaged in the business of purchasing, storing, possessing, or warehousing any alcoholic liquors for resale or reselling at wholesale, whether within or without the village. ESTABLISHMENT Any Iicensed premises or business wherein more than fifty percent (50 %) WHERE THE SALE of its gross sales or revenues in the preceding twelve (12) months were derived from the sale of alcoholic liquors. OF ALCOHOLIC LIQUOR IS THE PRINCIPAL BUSINESS HOTEL Every building or other structure kept, used, maintained, advertised and held out to the public to be a place where sleeping accommodations are offered for pay to travelers and guests, in which twenty five (25) or more rooms are used for the sleeping accommodations of such guests. The term "hotel' shall include what is commonly referred to as a motel. LICENSED The permanent structure housing a licensed business described in the PREMISES application for the license, or the place where the business to be covered or covered by the license is to be, or is carried on, but not including parking lots and property outside such permanent structure unless otherwise specified in the license. Said premises may include designated outdoor areas such as decks and patios adjacent to said permanent structure with the approval of the local liquor control commissioner. LICENSEE: A person holding a license under the provisions of this chapter, and all persons required to be listed on the license application for any license issued, and all persons who are owners or are in control of any place where the sale of alcoholic liquor is carried on, including, without limitation, individuals, clubs, partnerships, corporations, partners, managers, fiduciaries, officers, directors, stockholders owning more than fifty percent (50 %) of any corporation or more than five percent (5 %) of nonpublicly traded corporations. This definition excludes an employee or bartender who is not otherwise an owner or in control of the licensed premises. MANAGER A person employed by a licensee who has authority to oversee the operation of a licensed business and exercise discretionary authority on behalf of the licensee.. MICROBREWERY Any public place or establishment that engages in the production, manufacturing, or brewing of beer on the premises by means of adequate and sanitary equipment designed and maintained to facilitate the brewing process and dispenses that beer produced on the premises for consumption on the premises and packaged for retail sale. NOT FOR PROFIT A patriotic or veterans' society organized under the laws of the United CLUB States or the state of Illinois, or a corporation organized under the laws of this state: a) solely for the promotion of a common object other than the sale or consumption of alcoholic liquor and not for pecuniary profit, b) kept, used and maintained by its members through the payment of annual dues, c) owning, hiring or leasing a building or space in a building, of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests, d) provided with suitable and adequate kitchen and dining room space and equipment and maintaining a sufficient number of servants and employees for cooking, preparing and serving food and meals for its members and their guests, and e) whose affairs and management are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting. ORIGINAL Any bottle, flask, jug, can, barrel, keg, or other receptacle or container, PACKAGE whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and convey any alcoholic liquor. PACKAGE SALES The retail sale or offering for sale of alcoholic Iiquor in the original package, not to be consumed in whole or in part on the premises where sold. PERSON? Includes corporation(s), copartnership(s), partnership(s), association(s), club(s), individual(s), trustee(s), receiver(s), assignee(s), executor(s), administrator(s), or other personal representatives of decedent(s). PREMISES OR The place or location where alcoholic beverages are stored, displayed or PLACE OF offered for sale, or where drinks containing alcoholic beverages are mixed, BUSINESS concocted and served for consumption including the interior of the building, sidewalks, streets, parking areas and grounds adjacent to any such place or location or any other area within the control of the licensee. PRIVATE CLUB An establishment where the sale of alcoholic liquor is not the principal business, and where the sale of alcohol is available only to its members and their guests, and not to the general public PRIVATE A prearranged private party, function, or event for a specific social or FUNCTION business occasion, either by invitation or reservation and not open to the general public, where the guests in attendance are served in a room or in areas designated and used exclusively for the private party, function, or event. RESTAURANT Any public place kept, used, maintained, advertised and held out to the public to be a place where meals are regularly served, such space being provided with adequate and sanitary kitchen and dining room equipment, and capacity, and having employed therein a sufficient number of the kind of employees to prepare, cook and serve suitable food for its guests. RETAILER: A person who sells, or offers for sale, alcoholic liquor for use or consumption and not for resale in any form. SALE Any transfer, exchange, or barter in any manner or means whatsoever for a consideration, and includes and means all sales made by a person, whether principal, proprietor, agent, servant, or employee. SELL AT RETAIL Sales for use or consumption and not for resale in any form. SPECIAL EVENT Event lasting five (5) days or less organized by an educational, fraternal, political, civic, religious or nonprofit organization where the sale of alcoholic liquor, only for consumption at the location, is incidental to the main purpose or function of the event. TO SELL To solicit or receive an order for, to advertise for sale, to keep on premises with intent to sell. VIDEO GAMING Any electronic video game machine that upon insertion of cash, is TERMINAL available to play or simulate the play of a video game including but not limited to video poker, line -up and blackjack utilizing a video display and microprocessor in which the player may receive free games or credits that can be redeemed from cash. The term does not include a machine that directly dispenses coins, cash, or tokens, or is for amusement purposes only. VILLAGE The Village of Morton Grove, Illinois. (Ord. 06 -20, 6 -12 -2006) 4 -3 -3: LICENSE through an servant of another, to sell, sale of alcoholic beverage do so as provided in this c REQUIRED: It is unlawful for any person either by himself or agent, or any person acting as an agent, employee, barkeeper, clerk, or dispense, or offer for sale at retail any alcoholic beverage or engage in any within the village of Morton Grove without first having obtained a license tc hapter, or during any period that the Iicense. has been suspended or revoked. It shall be unlawful for any person to sell or offer for sale or engage in any sale of any alcoholic beverage in violation of the terms and conditions of any license issued pursuant to this chapter. It shall be unlawful for any person holding a business license within the Village of Morton Grove to knowingly allow any customer to consume alcoholic beverages on the property where the business license has been issued unless the premise has been licensed for the sale or consumption of alcoholic beverages. Each sale on a given date shall be deemed a separate violation. (Ord. 06 -20, 6 -12 -2066) 4 -3 -4: CONSUMPTION, POSSESSION AND STORAGE OF ALCOHOLIC LIQUORS ON UNLICENSED PREMISES: A. No person shall provide as part nor sell at retail for consumption on an unlicensed premises any nonalcoholic beverages or ice, knowing same to be intended to be mixed with or consumed with any alcoholic liquor on the premises. B. No person shall frequent or patronize any house, building, store, place or premises where such person knows or has reason to believe the sale of alcoholic liquor without a license as required I y this chapter is occurring. (Ord. 06 -20, 6 -12 -2006) 4 -3 -5: POWERS OF LOCAL LIQUOR CONTROL COMMTSSIONER: The Village President shall be the local liquor control commissioner and shall be charged with the administration of the appropriate provisions of the liquor control act of the state of Illinois within the village of Morton Grove, and of such ordinances and resolutions relating to alcoholic liquor as may be enacted by the corporate authorities. For purposes of this chapter, the local liquor control commissioner shall be and shall constitute the local liquor control commission of the Village of Morton Grove. The commissioner shall receive a salary as set forth in subsection 1 -6 -413 of this code. The commissioner shall have the following powers: A. To receive applications and to grant, renew or deny such licenses in accordance with the provisions of this chapter. B. To receive license fees and forward the same forthwith to the office of the finance director /treasurer. C. To authorize one or more deputies or agents to act on his behalf, with or without compensation as determined by the corporate authorities, for the purpose of obtaining any of the information desired by the commissioner or to assist the commissioner in the exercise of the powers and the performance of his duties. D. To make or cause to be made by the various village departments such investigations as may aid him in the performance of his duties. E. To enter, or to authorize any raw enforcement officer or peace officer to enter, at any time upon any licensed premises, to examine any licensed premises to determine whether any law, order, or regulation of the village of Morton Grove or the local liquor control commissioner, or any federal or state law, rule or regulation with respect to alcoholic liquor, or any liquor license, has been or is being violated. F. To require fingerprints of any licensee or employee or agent of a licensee or any applicant for a liquor license or for a renewal thereof. To examine or cause to be examined under oath any applicant for a Iicense or for a renewal thereof, or any licensee upon whom notice of a violation of this chapter has been served, and to examine, or cause to be examined, the books and /or records of any such applicant or licensee. G. To require the attendance of witnesses and/or the production of documents and records at any hearing before him, to administer or cause to be administered oaths to hear testimony and take proof on any matter in the performance of his duties within this chapter, and for such purpose to issue subpoenas which shall be effective in any part of the state of Illinois. H. To compel any licensee or applicant to submit to any examination and /or to produce any books and records which, in the judgment of the commissioner, may be material to the determination of whether an applicant is qualified to receive a license, whether the licensed premises is lawful, and /or whether a licensee is in compliance with all applicable laws, rules and regulations, under the provisions of this chapter. The failure of any licensee or applicant to comply with this provision, unless for good cause shown, shall be deemed to be an admission that the licensee or applicant is not qualified to maintain or receive a license. 1. To require any licensee or applicant to answer any charges made in any objection to the issuance of the Iicense. The failure of any licensee or applicant to comply with this provision, unless for good cause shown, shall be deemed to be an admission that the licensee or applicant is not qualified to maintain or receive a license. J. To receive, investigate and act upon any complaint from any person that any of the provisions of this chapter or the act or any rules or regulations adopted by the commissioner or by the state commission have been or are being violated. K. Pursuant to section 4 -3 -19 of this chapter, to suspend for not more than thirty (30) days, or revoke any license issued raider this chapter, or levy a fine against any licensee, for each violation of any federal, state or local law, ordinance, rules or regulations relating to the sale of alcoholic liquor, and for any of the following reasons: 1. The willful making of any false statement in an application for a license, permit or certificate. 2. Refusal of any licensee to testify under oath to all relevant and material questions propounded to him at any hearing conducted by the local liquor control commissioner. 3. Refusal of any licensee or his employee or agent to produce for inspection by the commissioner any document requested which may be relevant to any hearing or investigation of alleged violations of the state liquor control act, this chapter, or any rule or regulation of the commissioner. 4. The state commission has suspended or revoked the Iicense of the licensee. 5. Within sixty (60) days of the granting of a license, the licensee has failed to operate the business at the location in the license except upon petition to and an order issued by the local Iiquor control commission granting an extension period. 6. Failure to notify the commissioner of the hiring of any new managers within fourteen (14) days after any such manager begins working, and /or failure to provide all information necessary to keep the Iicensee's application accurate and current. 7. The failure to obey any lawful order of the commissioner. 8. The licensed premises constitutes a nuisance as defined by village ordinance including this chapter. 9. Suspension or revocation is required pursuant to section 4 -3 -12 of this chapter. L. To keep or cause to be kept a complete record of all licenses issued by him, and to furnish upon request to the office of the village administrator, finance director- treasurer, and /or chief of police a copy thereof, and to inform the board of trustees from time to time of any changes including the issuance of new licenses and the revocation of old licenses. M. To make recommendations to the village board regarding the number of licenses available for each Iicense classification and the appropriate fees to be charged for those licenses. N. To make, promulgate, alter, amend, repeal, and enforce such rules and regulations relating to the administration and enforcement of the provisions of this chapter as are consistent with this chapter and which may be deemed by him to be desirable to facilitate his functions and duties, to the end that the health, safety and welfare of the village of Morton Grove shall be protected and temperance in the consumption of alcoholic liquors shall be fostered and promoted. Such rules and regulations shall become effective to be adopted only after being placed on file in the office of the village administrator for a period of thirty (30) days after notice to the public and all licensees affected thereby. 0. To hold public hearings at any time concerning any matters embraced within this chapter. (Ord. 06 -20, 6 -12 -2006) 4 -3 -6: PRIVILEGE GRANTED BY LICENSE: A liquor license granted pursuant to this chapter is solely a personal privilege, and unless sooner revoked pursuant to this chapter or by federal or state law shall last for no more than one ,year; from January 1 (or later for an initial application) through December 31, except for 2012, when licenses shall run from May 1 through December 31 and the fees for such licenses shall be prorated at three - fourths (3/4) of the annual fee, except for classes G. J, and K licenses which shall expire on the date specified thereon. A license shall not constitute property and may not be transferred. It shall not be used as collateral, nor be subject to voluntary or involuntary attachment, assignment, garnishment, or execution, encumbrance or hypothecation, nor shall it descend by the laws of testate or intestate devolution. Renewal of this license is a privilege and shall not be construed as a vested right which shall limit or prevent the decreasing number of licenses to be issued within the village. No license shall be renewed under this section unless the manager of the licensed establishment, and each employee of the licensee who is or will be engaged in the selling, mixing, preparing, or serving of alcoholic liquor at the licensed premises has successfully completed an alcohol sales and service training program. . (Ord. 12 -08, 3 -26 -2012) 4 -3 -7: TERMINATION; TRANSFER OF INTEREST; RENEWAL: A. Except as provided herein, a license shall automatically terminate upon the death, dissolution, or the insolvency of the licensee, upon the sale or transfer of any interest in the license by an individual or club licensee, upon the sale or transfer, assignment of more than fifty percent (50 %) of the outstanding shares of a corporation or interest in any partnership holding a license, or upon the filing of a petition for adjudication of bankruptcy by or as to the estate of the licensee. A transfer of a deceased licensee's interest to a father, mother, brother, sister, husband, wife, son, or daughter shall be permitted provided that such person meets all qualifications required to hold the license and shall be bound by all conditions of the license. B. In the event of the death of a licensee, the executor of the will or administrator of the estate of any deceased licensee pursuant to the appropriate court order, or if none, the spouse or any child of the licensee upon the written approval of the commissioner may exercise the privileges of the deceased licensee until the expiration of such license or until six (6) months after the death of the licensee, whichever is the shorter period of time, provided such person meets all qualifications required to hold the license and shall be bound by all conditions of the license. C. The trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business of the sale of alcoholic Iiquor under order of the appropriate court, and may exercise the privileges of the insolvent or bankrupt licensee until the expiration of such Iicense but not longer than six (6) months after the bankruptcy or insolvency of such licensee, whichever is the shorter period of time, provided such trustee meets all qualifications required to hold the license and shall be bound by all conditions of the license. D. No refund shall be made of any portion of the license fees paid for any period in which the licensee shall be prevented from operating under such license in accordance with the provisions of this chapter. E. Upon the termination of a license pursuant to subsection A or B of this section, the successor in interest may apply for the issuance of the license pursuant to section 4 -3 -10 of this chapter and shall pay all applicable initial application and license fees. F. A licensee whose license has not been terminated prior to the expiration of its term may apply for the renewal of the license at the expiration thereof, provided he is then qualified to receive a license and the premises for which such renewal license is sought is suitable for such purpose. However, the renewal privilege herein provided for shall not be construed as a vested right which shall in any case prevent the corporate authorities from decreasing the number of licenses to be issued within its jurisdiction. (Ord. 06 -20, 6 -12 -2006) 4 -3 -8: CHANGE OF LOCATION: Any license issued under this chapter shall apply only to the premises described in the application and in the license issued thereon. After a license has been granted for a particular premises, the commissioner, upon the filing of a written request, and payment of an investigation fee in the amount as shall now or may be required by this chapter, and upon a proper showing, including the applicant's statement under oath that the premises to which said relocation is to be made complies in all respects with the requirements of this chapter, may endorse upon said license permission to abandon the premises therein described and relocate to another premises approved by him. The request shall be rejected if the applicant has not operated his business at the original licensed premises for at least ninety (90) days prior to the application for change of location. No change of location shall be permitted unless the proposed new location is a lawful location and premises for the retail sale of alcoholic liquor pursuant to Illinois law and all applicable village ordinances. Nothing herein contained shall be construed to permit any licensee to change the location of his business, or operate his business or a portion thereof, as a subtenant or otherwise at a site or place of business which would be prohibited or denied to an original applicant. (Ord. 06 -20, 6- 12 -2006) 4 -3 -9: LICENSE CLASSIFICATIONS AND FEES: A. Licenses shall be divided into the following classes 1. Class A, full liquor: Licenses which shall authorize the retail sale on the premises specified of alcoholic liquors for consumption on said premises, and package sales for consumption off the premises where sold. 2. Class B, beer /wine: Licenses which shall authorize the retail sale of beer and wine for consumption only on the premises specified. 3. Class C, club consumption on premises: Licenses which shall authorize the retail sale of alcoholic liquors for consumption only on the premises in any "club ", as defined in this chapter. 4. Class D, full package sale: Licenses which shall authorize the retail sale of alcoholic liquors, only in original packages for consumption off the premises and not for consumption on the premises where sold. 5. Class E, restaurant full liquor: Licenses issued only to restaurants as defined in this chapter which shall authorize the retail sale of alcoholic liquor for consumption only on Q* C. the premises and only when such sale is incidental to the sale and service of food eaten on the premises. It shall be unlawful for any holder of a class E license to sell or give alcoholic liquor to a patron who does not also order food. 6. Class F, food /specialty stores, full package sale: Licenses which shall authorize the retail sale of alcoholic liquors, only in original packages for consumption off the premises at an establishment where the principal business is groceries or drugstore items, and is not the sale of alcoholic liquor or gasoline. A class F license issued prior to January 1, 2011, to a licensee whose principal business is the sale of gasoline may be renewed if the licensee qualifies for said license in all other respects. 7. Class G, special event: Licenses which shall authorize the retail sale of alcoholic liquor only for consumption on the premises for special events as defined by this chapter. fl. Class H. caterers full liquor: Licenses which shall authorize the sale of alcoholic liquors for consumption on the premises where served and limited to invited guests at private functions. Such licenses shall be issued only to caterers as defined by this chapter and having a current Morton Grove business license. Catering establishments holding class H licenses must have food service available when liquor is being served. 9. Class I, caterers beer /wine: Licenses which shall authorize the sale of beer and wine for consumption on the premises where served and limited to invited guests at private functions. Such licenses shall be issued only to caterers as defined by this chapter and having a current Morton Grove business license. Catering establishments holding class I licenses must have food service available when beer and wine are being served. 10. Class J, temporary off premises: Licenses which shall authorize a holder of a class A, B. C or E license to sell alcohol (or for a class B license holder to sell beer and wine) for consumption at a designated premises other than the licensee's licensed premises for a specific period not to exceed three (3) days. 11. Class K temporary tasting permit: License which shall authorize a holder of a class A, B, D, E or F license to provide small quantity samplings of alcoholic liquor for on premises tasting purposes only in conjunction with a sales promotional effort. Said permit shall not exceed more than a six (6) hour period, and no more than one permit per week shall be issued to any licensee. All such tastings must take place in a designated area of the licensed premises and shall be supervised by a person who has completed an alcohol sales and service training program . 12. Class L BYOB permit: License which authorizes a restaurant to allow the consumption of wine not purchased from the restaurant but brought to the restaurant by a customer under the provisions set forth in 4- 3 -14J. All application, investigation, fingerprinting and annual license fees shall be paid at the filing of the application. If a new license (other than a class J or K license) is applied for after October 1, the first year's annual fee shall be reduced by fifty percent (50 %). In the event a license is not issued, any annual Iicense fee prepaid with an application shall be refunded to the applicant less a one hundred dollar ($100.00) processing fee. All application and investigation fees shall be retained by the village regardless of whether or not the person is granted a license. No more than the maximum number of licenses set forth below shall be issued for any class of licenses. Each applicant for a license shall pay the fees set forth below: Maximum Number Application ' Investigation/ Annual Of Licenses Which Class Fee Fingerprint Fee Fee May Be Issued Class A, full liquor $1,000-00 Village's actual out $2,750 .00 5* of pocket costs Class B, beer/ 1;000 .00� Village's actual out 2,500 .00 10 wine of pocket costs Class C, club/ 250.00 Village's actual out 1,000 .00 2 consumption on premises of pocket costs -< Class D, full package sale 1,000 .00 Village's actual out 3,500 .00 10 of pocket costs Class E, restaurant, full 1,000 .00 _. Village's actual out 2,750 .00 20 ? liquor of pocket costs Class F, food /specialty 1,000 .00 Village's actual out 2,500 .00 15 stores, full package sale of pocket costs Class G, special event 0 .00 Village's actual out 0.00 3 for location any at of pocket costs the same time; minimum 5 per organization per-year ,, Class H, caterers, full 250.00 Village's actual out , 2,500.00 5 liquor of pocket costs --- _------- Class I, caterers, 250 .00 Village's actual out 1,000 .00 5 ' beer /wine of pocket costs Class J, temporary off .::_ 0.00 Village's actual out 50.00 per 6 per year per premises of pocket costs day licensee Class K, temporary tasting 0.00 Village's actual out 50.00 per I per week per Permit of pocket costs day licensee Class L. BYOB 250.00 Village's actual out 500.00 15 of pocket costs Note: I. The annual fee for a class H license held by the same licensee holding a class A, class C or class E license shal l be $1.250.00. Prior to December 31. 2012, Up to 5 holders of Class B or Ciass E licenses in good standing may transfer their cun-ent license to a Class A license even if no Class A licenses are available. (Ord. 11 -25, 6 -27 -2011) 4 -3 -10: LICENSE APPLICATI ®N: A. The commissioner shall prepare, or cause to be prepared, an application form, in accordance with the foregoing, and shall require such other additional information, recordsor background investigations as the commissioner or chief of police shall from time to time determine to be advisable and /or necessary to confirm the information provided in the application. B. Any person desiring a license authorized by this chapter shall make application to the commissioner. A separate application shall be made for each license by the applicant. Such application shall be typed or legibly handwritten on forms prepared and furnished by the commissioner. Each application shall be signed and verified by oath or affidavit by each person so required, and shall be filed with the office of the village administrator. The following persons shall be listed on the application: 1. If the applicant is an individual or individuals, each individual shall sign and verify the application. 2. If the applicant is a general partnership, all partners shall sign and verify the application. 3. If the applicant is a limited partnership, all general partners and any limited partner owning more than a five percent (5 %) interest in such limited partnership and any person entitled to share in more than five percent (5 %) of the profits of the partnership who shall sign and verify the application and specify the percentage of interest owned or profit to which he is entitled. 4. If the applicant is a corporation or a limited liability corporation (LLC), all officers, directors and managing members and any stockholders owning more than fifty percent (50 %) of the corporate stock of a publicly traded corporation and more than five percent (5 %) of the corporate stock of a nonpublicly traded corporation, shall be listed, and their official position and percentage of stock owned shall be specified. The application shall be signed and verified by the president, secretary, managing member and site manager. 5. If the applicant is a club, all local officers and directors shall be listed and their official position shall be specified. The application shall be signed and verified by the president, secretary and site manager. 6. Any person who acts as the manager or agent of the licensee shall submit information and documentation as required of him by the commissioner. C. Applications shall contain the following information and statements: I . The name, address, and date of birth and social security number of all persons required to be listed on the application. 2. A statement whether each person required to be listed on the application is a resident of the state of Illinois. In the case of corporations, officers, directors, or stockholders and in the case of partnerships, partners do not have to be residents of Illinois if the licensee employs a resident manager to operate the licensed premises. 3. A statement of the citizenship of all persons required to be listed on the application, and if any person is a naturalized citizen of the United States, the date and place of naturalization and a copy of said naturalization documents. If any person is not a citizen of the United States, a statement the person has the legal authority to reside in the United States and a copy of all documents granting said authority. 4. The name and address of the applicant's prospective business, and if applicable, the date of the filing of the "assumed name" of the business with the county clerk. 5. If the applicant is an Illinois corporation, a copy of the articles of incorporation and a certificate of good standing. 6. If the applicant is a foreign corporation, a certificate from the secretary of state of Illinois to conduct business in Illinois as a foreign corporation. 7. If the applicant is an Illinois limited partnership, a copy of the filed certificate of limited partnership and a certificate of good standing from the Illinois secretary of state. 8. If the applicant is a foreign limited partnership, a copy of the filed certificate of limited partnership in the state of filing, and a copy of the filed application for admission to transact business as a foreign limited partnership in Illinois. 9. If the applicant is an individual, a statement as to the nature of the business of the applicant. 10. If the applicant is a club, a copy of its charter, the date it was formed, and state of its headquarters, and a statement as to the nature of its business and activities within the state of Illinois. A statement whether the proposed location is within one hundred feet (100') of any church, school, hospital, home for the aged or indigent persons or for war veterans, their wives or children. 12. A statement whether food for human consumption is to be sold at the event conducted or in the licensed premises if the license is granted. A statement whether the business will be in combination with a restaurant, and whether fifty percent (50 %) of the gross receipts of the licensed business will be or has been from the sale of such food, and documentation substantiating this statement if requested by the local liquor control commissioner. 13. A statement as to the ownership of the licensed premises. If the applicant is not the owner of the licensed premises, the name, address, and phone number of the owner, and the duration of the lease. Documentation showing proof of ownership (deed, or tax bill or like document) or a copy of the lease. 14. A statement whether any person required to be listed on the application previously applied for, holds, or held a liquor license of any type issued by any state or subdivision thereof, or by the federal government that was rejected, suspended or revoked, and all pertinent information detailing the reason for and circumstances of any such rejection, suspension or revocation. 15. A statement whether or not any person required to be listed on the application or any agent, bartender, limited partner or stockholder has ever been convicted of being the keeper or an inmate of a house of prostitution, or pandering, or of any other crime or misdemeanor, with the exception of traffic offenses not connected with the misuse of alcoholic beverages. 16. A statement whether any person required to be listed on the application is not at the time of making the application connected directly or indirectly with a house of ill fame and verification that no such connection will occur during the existence of the license. 17. A statement whether any person required to be listed on the application has ever been convicted of a felony, or is disqualified to receive the license sought by reason of any matter or thing contained in this chapter, the laws of this state, or the ordinances of the village. If any such person has been convicted of a felony, a statement indicating the state and county in which the conviction occurred and explaining the nature of the charges which led to the conviction and other relevant information pertaining to the conviction. 18. A statement that should the licensed premises become or constitute a nuisance the license, permit or certificate may be suspended or revoked or the licensee may be fined by the commissioner. 19. A statement that any person required to be listed on the application will testify under oath and subscribe to the truth in response to all relevant and material questions propounded to him, in any hearing conducted by the commissioner, either before or after the issuance of a license. 20. A statement that any person required to be listed on the application will provide, on receipt of a lawfully authorized subpoena by the commissioner, any book or record of his licensed business in connection with any investigation conducted by the commissioner. 21. A statement that any person required to be listed on the application, and any manager, bartender, agent or employee, if requested by the commissioner, will permit a record of his or her fingerprints to be made by the village's police department. 22. In the case of the purchase of an existing business, a statement listing the value of the physical assets if purchased and proof of purchase and a statement setting forth the amount paid for the business as a going concern having value. 23. In the case of a new business, a statement listing all persons and corporations financing the purchase or construction of the business to be licensed and, if requested, a statement detailing the fmancial background of the applicant and business to be licensed. 24. A statement that all persons required to be Iisted on the application have paid all taxes, fees or other debts owed to the village of Morton Grove. 25. A statement that no person required to be listed on the application, and no person interested in anyway, directly or indirectly, in relation to the license applied for, the premises or the profits or proceeds from the sale of alcoholic liquor. nor any member of his or her household is an elected official or a full -time employee of the Village of Morton Grove, 26. A statement authorizing the commissioner to cause to fingerprint all persons required to be listed on the application and all managers and key employees pursuant to subsection G of this section. 27. A statement that all persons required to be listed on the application will not violate any of the laws of the state of Illinois, or of the United States, or any ordinance of the village in relation to the license or the licensed premises. 28. Proof that all managers of the Iicensed premises and each employee who will be engaged in the selling, mixing, preparing, serving, or delivering alcoholic liquor for consumption on or off the licensed premises has successfully completed an alcohol sales and service training program. . 29. A copy of the licensee's village of Morton Grove business license, and state liquor license (when available) and the licensee's federal employer identification number. 30. All information required must be supplied at the time of application and clearly typed or legibly handwritten. It is the applicant's responsibility to supply on the application, the name and address of each manager or bartender to be employed and to ensure that a background investigation is completed on each, including the submission of fingerprints. D. The requirement of supplying all of the above information is a continuing one. If any supplied information or statements become invalid or if a new manager or bartender is employed, it is the duty of the licensee to provide updated informationin writing to the commissioner and the chiefof police. This includes changes in the makeup or control of partnerships or corporations as follows: 1. If the licensee is a partnership, the commissioner must be informed within seven (7) days of the dissolution of the partnership, and within thirty (30) days of the sale or acquisition of a five percent (5 %) interest in the partnership by any person, or upon any partner acquiring a fifty percent (50 %) or greater interest in the partnership if such partner was not shown to own a fifty percent (50 %) or greater interest on prior applications or renewals, or of the resignation or replacement of any managing partner or site manager. 2. If the licensee is a corporation, the commissioner must be informed within seven (7) days of the dissolution of the corporation, and within thirty (30) days of the resignation or replacement of any officer, managing member or site manager or of the sale or acquisition or transfer of five percent (5 %) of the corporate stock by or from any one stockholder, or if any stockholder acquires fifty percent (50 %) or more of the stock if such stockholder was not shown to own fifty percent (50 %) or more of the stock on prior applications or subsequent renewals. 3. In the case of clubs, the commissioner must be informed within thirty (30) days upon the election or appointment of a new officer or director, and annually if the membership roster changes. 4. The commissioner must be informed within seven (7) days of the death, insolvency, bankruptcy or conviction of a felony of any licensee, or person required to be listed on the license application. E. No license shall be issued, renewed, or allowed to continue, unless the applicant files with the commissioner a certificate by an insurance company authorized to do business in the state of Illinois certifying the applicant has in full force and effect dramshop insurance in such amount as required by law or in the amount of one million dollars ($1,000,000.00), whichever is greater, and listing the village as the certificate holder, and proof of other insurance that may be required by alI local ordinances, state, and federal statutes. If at any time during the period of the license said insurance is not maintained or a current certificate of insurance is not on file with the commissioner, said license shall be suspended or revoked. F. It is unlawful for a licensee to attempt to pay a license fee, transfer fee, late fee, settlement, or fine pursuant to this chapter with a negotiable instrument that is dishonored on presentation and said negotiable instrument shall not be considered payment and shall be cause for disciplinary action. G. Prior to the initial approval and issuance of a license, or whenever a transfer of any interest in the License pursuant to subsection D of this section or section 4 -3 -7 of this chapter, or at the request of the commissioner, all persons required to be listed on the application and at the request of the commissioner, and all manangers and bartenders shall submit his or her fingerprints to the Morton Grove Police Department in the form and manner prescribed by Chief of Police.. These fingerprints shall be checked against law enforcement records and criminal history records databases. The licensee or applicant pay a fee for conducting the criminal history records check, as determined by the chief of police.. H. An application for renewal of any previously issued Iicense shall be filed prior to April 1 each year. The application shall be accompanied by payment of all the requisite fees, shall be verified, and shall include the same information and documentation as shown above, which shall be current and accurate as of the date of filing said renewal application as well as the following documentation and information: I A copy of the applicant's current state liquor license number; 2. The date the applicant first obtained a license for the sale of liquor at his place of business; 3. The applicant's retailer's occupation tax (ROT) registration number; 4. Whether the applicant is delinquent in the payment of the retailer's occupational tax (sales tax), and if so, the reasons therefore; 5. Proof of completion of alcohol sales and service training program required by subsection 4 -3 -14I of this chapter for each manager and employee who is or will be engaged in the selling, mixing, preparing, serving, or delivering of alcoholic liquor to customers, guests, or patrons for consumption on or off the licensed premises. Any application for renewal of a liquor license submitted after April I must be accompanied by a one hundred dollar ($100.00) late filing fee. The failure to renew a license or to pay all requisite fees before the expiration of the license shall render the license nonrenewable unless all required information, documentation, and fees, including a late fee in the amount of two hundred dollars ($200.00) or ten percent (10 %) of the license fee, whichever is greater, are filed with the village administrator within ten (10) working days of the expiration of the license. Applications for class G, 3 and K licenses need not follow the formal process set forth in this section, but shall be made by a written correspondence to the local liquor commissioner at least thirty (30) days before the event, and shall identify the date and time of the event, the type of license requested, and the location of the event, and shall include proof of insurance, proof all persons selling or serving alcoholic liquor have completed an alcohol sales and service training program pursuant to subsection 4 -3 -14I of this chapter, and such other information required from time to time by the local liquor commissioner. (Ord. 11 -11, 3 -28 -2011) 4-3-11: BOND REQUIRED; AMOUNT; CONDITIONS: A licensee who has had a liquor license revoked or suspended within the last three (3) years shall, as a condition of obtaining or retaining a liquor license from the village, obtain a surety bond in the sum of two thousand dollars ($2,000.00) with a solvent surety company licensed to do business in the state of Illinois, and approved by the commissioner. The bond shall be made payable to the village and conditioned on the faithful observance by the licensee of the provisions of this chapter, all ordinances and laws of the state of Illinois and of the United States Of America applying to the sale and possession of alcoholic liquor and shall be further conditioned on the payment of all fines and costs which may be assessed against the licensee by the local Iiquor control commissioner for the violation of any of the provisions of this chapter. If a licensee shall be fined and fails to pay the fine, or the license shall be revoked by the commissioner and no appeal is taken from such, the order or any appeal taken therefrom is decided adversely to the licensee, the bond shall be forfeited and the commissioner may institute suit on such bond in the name of the village of Morton Grove for the entire amount of the bond. (Ord. 06 -20, 6 -12 -2006) 4 -3 -12: CAUSES FOR LICENSE REJECTION, SUSPENSION AND/OR REVOCATION: A. In addition to other grounds specified in this chapter, the commissioner shaft refuse the issuance or renewal of a license, or suspend or revoke the license, of any licensee or applicant , for any of the following conditions gith respect to an owner, licensee, applicant, manager or bartender except as otherwise provided in subsection B of this section and subsection 4 -3 -208 of this chapter: 1. A person under the age of twenty one (21) years. 2 A person who is not a resident of the state of Illinois except as allowed by this chapter. 3. A person who is not of good character and reputation in the village of Morton Grove and the community in which he resides. 4. A person who has not submitted a complete, accurate and truthful application and all required documentation for a license as provided for in this chapter. 5. A person who has been convicted of a felony under any federal or state law, unless the commissioner determines that such person has been sufficiently rehabilitated to warrant the public trust after considering matters set forth in such person's application and the commissioner's investigation with the burden of proof of sufficient rehabilitation to be on the applicant. 6. A person who has been convicted of being the keeper of or is keeping a house of prostitution or a house of ill fame. 7. A person who has been convicted of pandering, or any other crime(s) or misdemeanor(s) opposed to decency and morality or of a sexual nature, or is determined to be a "sex offender" as defined by statute and/or is required to register as such. 8. A person who has been convicted of a gambling offense as proscribed by any village ordinance, subsections (a)(3) through (a)(11) of section 28 -1, or section 28 -1.1 or 28 -3 of the criminal code of 1961, or as proscribed by a statute replaced by any of the aforesaid statutory provisions. 9. A person who is licensed by the state of Illinois as distributor. 10. A partnership or copartnership, if any person owning more than five percent (5 %) thereof would not be eligible to receive a license hereunder for any reason other than the citizenship or residency requirements of this chapter, so long as the partnership employs a resident manager to operate the licensed premises. 11. A corporation, if any officer, or director thereof, or any stockholder or stockholders owning in the aggregate more than five percent (5 %) of the stock in such corporation would not be eligible to receive a license for any reason hereunder other than the citizenship or residency requirements of this chapter so long as the corporation employs a resident manager to operate the licensed premises. 12. A corporation, unless it is incorporated in Illinois, or unless it is a foreign corporation which is qualified under the "business corporation act of 1983" to transact business in Illinois. 13. A club, if any of its officers or directors would not be eligible to receive a license for any reason hereunder other than the residency requirements of this chapter. 14. A person that is not an individual(s), partnership, corporation or "club" as defined in this chapter, except for persons applying for a class G license. 15. A person whose place of business is conducted by a manager who is not qualified to hold a license under this chapter. 16. A person who does not beneficially own the premises for which a license is sought, or does not have a lease thereon, or written permission from the owner of the licensed premises for the period for which the license is to be issued. 17. A person who is not a beneficial owner of the business to be operated by the licensee. 18. Any person not eligible to receive a license under the Illinois Iiquor control actl or subsequent relevant liquor regulations as may be amended from time to time. 19. Any person who is an elected official or full -time employee of the Village of Morton Grove and no such official or employee shall be interested in any way, either directly or indirectly, in the manufacture, sale or distribution of alcoholic liquor within the village, except that a license may be granted to the village president or any member of the village board of trustees in relation to a premises located within the village of Morton Grove if the sale of alcoholic liquor pursuant to the license is incidental to the selling of food, the issuance of the license is approved by the state commission, the issuance of the license is in accordance with all applicable local ordinances in effect where the premises are located, and the official granted a license abstains on all votes on alcoholic liquor issues pending before the village board. 20. A person who does not have liquor liability insurance coverage for the licensed premises in an amount that is at least equal to the maximum liability amounts required by the act or one million dollars ($1,000,000.00), whichever is greater. 21. A person who sells or intends to sell alcoholic liquor at any premises or place of business where the majority of customers are minors or where the principal business transacted consists of school books, school supplies, food, lunches, or drinks for such minors. 22. A person who sells or intends to sell alcoholic liquor within one hundred feet (100') of any church, school other than an institution of higher learning, hospital, home for aged or indigent persons or for veterans, their spouses or children, or any military or naval station, but this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs, or to restaurants, food shops or other places where sale of alcoholic liquor is not the principal business carried. In the case of a church, the distance of one hundred feet (100') shall be measured to the nearest part of any building used for worship services or educational programs and not to property boundaries. Nothing in this section shall prohibit the issuance of a license to a church or private school to sell at retail alcoholic liquor if any such sales are limited to periods when groups are assembled on the premises solely for the promotion of some common object other than the sale or consumption of alcoholic liquors, or where a church locates within one hundred feet (100') of a preexisting licensed premises. 23. A person who at the time of application for renewal of any license issued hereunder would not be eligible for such license upon a first application. 24. A person who fails to so testify or provide such books or records for inspection as required by the local liquor control commissioner. 25. Where the licensed premises constitutes a nuisance as defined by this chapter or elsewhere in this code or by any state or federal law. 26. Where the licensee or his employees or agents have failed to submit his or her fingerprints in violation of this chapter. 27. In cases of a renewal application, a licensee who is delinquent in paying any amount owed to the village of Morton Grove, until the finance director confirms that all delinquencies and obligations have been satisfied, and if requested, the applicant provides documentation that all taxes, fees, obligations or debts owed to the village of Morton Grove by the licensee have been satisfied. 28. In cases of a renewal application, if the department of revenue has reported to the Illinois liquor control commissioner that such licensee is delinquent in filing any required tax returns or paying any amounts owed to the state of Illinois until the Iicensee is issued a certificate by the department of revenue stating all delinquent returns or amounts owed have been paid by guaranteed remittance or the payment agreement to pay all amounts owed has been accepted by the department. 29. A person whose license under this chapter or the act has been revoked for cause within the past twelve (12) months. 30. A person whose license under this chapter or the act has been revoked unless the commissioner determines it is unlikely the person will violate any provision of this chapter. B. A criminal conviction of a corporation is not grounds for the denial, suspension, or revocation of a license applied for or held by the corporation if the criminal conviction was not the result of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor, the offense that led to the conviction did not result in any financial gain to the corporation and the corporation has terminated its relationship with each director, officer, employee, or controlling shareholder whose actions directly contributed to the conviction of the corporation. The commissioner shall determine if all provisions of this subsection have been met before any action on the corporation's license is initiated. (Ord. 06 -20, 6 -12 -2006) 4 -3 -13: VIOLATION OF STATE TAX ACTS: A. In addition to other grounds specified in this chapter, the commissioner, on complaint of the department of revenue of the state of Illinois, shall refuse the issuance or renewal of a license, or suspend or revoke the license, of any person, for any of the following violations of any tax act administered by the department: 1. Failure to make a tax return. 2. The filing of a fraudulent return. 3. Failure to pay all or part of any tax or penalty finally determined to be due. 4. Failure to keep books and records. 5. Failure to secure and display a certificate of registration, if required. 6. Willful violation of any rule or regulation of the department relating to the administration and enforcement of tax liability. B. Upon receiving notice from the department that a violation of any of the items in subsections A I through A6 of this section have been corrected or otherwise resolved to the department's satisfaction, the commissioner may vacate an order of revocation. (Ord. 06 -20, 6 -12 -2006) 4 -3 -14: REGULATIONS FOR LICENSEES: A. Condition Of Licensed Premises: All licensed premises shall be kept in a clean and sanitary condition and shall be governed by the ordinances of the village regulating the condition of the premises used for the storage or sale of food for human consumption. B. Hours Of Sale Or Consumption: No licensee shall permit any alcoholic liquor to be sold or given away or consumed on a licensed premises between the hours of two o'clock (2:00) A.M. and six o'clock (6:00) A.M. on weekdays and Saturday; and between the hours of three o'clock (3:00) A.M. and ten o'clock (10:00) A.M. on Sunday. Class A, B, C, E, H, I , J& L licensees must stop the sale and serving of alcohol by 1:30 AM on weekdays and Saturday, and by 2:30 AM on Sunday. C. Lights And Signs: All Iights of all outside advertising display or illuminating signs of licensed premises shall be turned off at one oblock (1:00) A.M. on weekdays and Saturday, and two o'clock (2:00) A.M. on Sunday. D. License Posted In Plain View: Each licensee shall cause his license to be framed and hung in plain view in a conspicuous place on the licensed premises. E. Books And Records: Each licensee shall make his books and records available upon reasonable notice for the purpose of investigation and control by the commissioner. Such books and records shall be maintained in the state of Illinois, unless access to the records is available electronically. F. Sign Required; Violation: Every licensee shall post in plain view on the licensed premises an eight and one -half inch by eleven inch (81/2" x I 1 ") sign with the following message: "Government Warning: According To The Surgeon General, Women Should Not Drink Alcoholic Beverages During Pregnancy Because Of The Risk Of Birth Defects ". The local liquor control commission shall furnish a copy of this sign upon request. If the licensee fails to post said sign within seven (7) days after receiving a written warning, he shall be fined in accordance with title 1, chapter 4 of this code for each such violation, and each day the violation continues shall constitute a separate offense. G. Outdoor Areas Adjacent To Licensed Premises: Subject to all applicable village ordinances, the local liquor control commissioner may allow the sale and consumption of alcoholic liquor in completely enclosed outdoor areas such as decks and patios adjacent to the permanent structure of a licensed premises so long as he determines said sale and consumption shall not adversely impact the peace, health, safety or welfare of the surrounding neighborhood. Said determination is subject to review and reconsideration on an annual basis. H. Video Recording And Monitoring: Unless waived in writing by the commissioner, the holder of a class D or class F Iicense and any licensee who has video gaming terminals on the licensed premise shall install and maintain in good working order video recording and monitoring equipment pursuant to specifications as determined from time to time by the chief of police and shall maintain video recordings for a period of at least fourteen (14) days after each sale.Video recordings must be accessible remotely to the chief of police upon request at anytime. A written notice that "all sales of alcohol are video recorded" shall be posted near the point of sale. Holders of class D or F licenses shall record all persons entering and leaving the building and all sales of alcohol. Licensees who have video gaming terminals shall record all persons entering or leaving the building, the operation and playing of all video gaming terminals, and all payouts /distributions of winnings from gaming activities. Any class D or F licensee who had installed approved video recording equipment prior to August 13, 2012 shall not be required to replace or upgrade its video recording equipment to comply with this subsection until the first to occur of the following: I. The video recording equipment fails to properly record or save recordings 2. The licensee is found to have violated any section of this chapter. 3. January 1, 2015. 1. Responsible Alcohol Service Training Required: 1. Each manager of a licensed premises, and each employee of a licensee who will be engaged in selling, mixing, preparing, serving or delivering alcoholic liquor to customers, guests or patrons for consumption on or off the licensed premises, shall, within ten (10) days after beginning employment with the licensee, successfully complete an alcohol sales and service training program. 2. Each licensee shall maintain on the licensed premises and with the commissioner proof of completion of the alcohol sales and service training required pursuant to this _ subsection in a manner that will allow inspection, upon demand, by any designee of either the state of Illinois liquor control commission or the loeai liquor control commissioner. 3. No person shall sell, mix, prepare, serve, or deliver alcoholic liquor in the village, for consumption on or off the licensed premises, unless that person has successfully completed an alcohol sales and service training program, and that proof of such training is available for inspection at the licensed premises. 4. No local liquor licensee shall allow alcoholic liquor to be sold, served, or delivered except by a person who has successfully completed an alcohol sales and service training program. (Ord. 10 -13, 6 -14 -2010) J. BYOB Licensees: The following provisions apply to holders of Class "L" (BYOB Licenses, and are in addition to all other requirements set forth in this chapter. I . The hours of BYOB wine service shall occur only between 3:00 pm and 10:00 pm. 2. No more than one bottle of wine per patron over the age of 21 shall be permitted to be consumed at any table or booth.. 3. The licensee shall only permit BYOB service to occur on the premise in conjunction with the purchase and consumption of a full meal on the licensed premise. 4. Patrons must be seated at a table or booth to consume wine.. 5. The licensee may provide glassware and ice to the patron and may uncork the wine, pour it, and shall control its consumption. 6. The Iicensee may but is not required to charge a corkage fee. 7. All employees who perform corkage duties shall successfully complete an alcohol sales and service training program and shall serve the wine as if it was purchased in the establishment complying with all state and local laws. 8. Section 235 ILCS 5/6 -33 of the Illinois Liquor Control Act is hereby incorporated by reference with respect to prohibitions against any persons carrying or transporting or possessing liquor in an unsealed and open condition. 4. The licensee shall be liable for violations of this chapter in the same manner as the holder of any other classification of liquor license including but not limited to violations for service to minors and the over - serving of patrons, K. Access: The Chief of Police or his designees and /or any peace officer of the Village of Morton Grove Police Department wearing a uniform or displaying a badge or other sign of authority shall have unobstructed /unhindered immediate access to the Iicensed premise including but not limited to all outdoor areas during the business hours and /or any time the licensed premise is occupied. The licensee, its agents and /or employees shall allow and /or facilitate said access and shall not hinder or obstruct said access in any manner. 4 -3 -15: REGULATIONS FOR LICENSEES OPERATING VIDEO GAMING TERMINALS ON THE LICENSED PREMISE: A. It shall be unlawful for any licensed premise to operate a video gaming terminal, except for Class "A ", `B ", and "C" license holders who have also obtained approval for the operation of video gaming terminals from the State of Illinois, and who have obtained a video gaming terminal permit sticker from both the State of Illinois and the Village of Morton Grove. The cost for a video gaming terminal permit sticker issued by the Village of Morton Grove shall be $250.00 per machine /terminal to be renewed on an annual basis. B. Regulations governing licensed establishments operating video gaming terminals: 1. A valid Village video gaming terminal permit sticker shall be clearly displayed at all times on each video gaming terminal. 2. No more than the maximum amount of video gaming terminals allowed by Illinois law may be located on the licensed establishment's premises. 3. All video gaming terminals must be located in an area restricted to persons 21 years of age or older. The entrance to such an area must at all times be within the view of at least one employee who is at least 21 years of age. Video Gaining Terminals must not be visible from any area outside of the building.4. No licensed establishment may cause or permit any person under the age of 21 to use, play or operate a video gaming terminal. 5. no video gaming terminal may be played except during the legal hours of operation allowed for the consumption of alcoholic beverages at the licensed premise. 6. The licensed establishment must fully comply with the Illinois Video Gaming Act (230 ILCS 40/1 et seq) and all rules, regulations, and restrictions imposed by the Illinois Gaining Board which are here as may be amended from time to time which are hereby incorporated by reference into this chapter. 7. The licensed premise shall be video recorded pursuant to Section4 -3 -14 (H) . S. Any violation of this section shall be cause for the immediate suspension of the liquor license for the licensed premise. And such suspension shall remain in effect until the licensee demonstrates that it is in full compliance with this section. 9. Any licensee that has had its licensed revoked or suspended by the Village of Morton Grove, or by the Illinois State Liquor Control Commission or has its video gaming licensed revoked or suspended by the Illinois Gaming Board shall automatically have its Village video gaming terminal permit stickers revoked or suspended for the same time period as its liquor and /or gaming board permit sticker suspended whichever the case may be. 10. Every video gaming terminal that does not have a valid video gaming terminal permit sticker issued by the Village of Morton Grove or the State of Illinois operated in violation of this section or is otherwise unlawful shall be considered a gambling device subject to seizure and shall be turned over to the Illinois Gaming Board in accordance with Board regulations and applicable laws unless otherwise ordered by a court of competent jurisdiction. 4 -3-I6: PROHIBITED CONDUCT: A. No person shall gamble and no licensee shall permit gambling on any licensed premises except where such gambling activity is permitted and licensed by state statute and is conducted under the rules and regulations provided by the state for that particular type of gambling activity. B. No person shall peddle alcoholic liquor in the village. C. It shall be the responsibility of the licensee to ensure the conduct and activities of any employee having a disease or medical condition shall be in compliance with the ordinances of the village contained in title 8 of this code regulating employee health in food service establishments. B. No licensee shall directly or indirectly sell, give, or deliver alcoholic liquor to any intoxicated person or to any person known to him to be an alcoholic. E. No person shall transport, cant', possess or have any alcoholic liquor in, upon or about any motor vehicle, except in the original package with the seal unbroken. F. No person shall drink or consume alcoholic liquor in an area adjacent to a licensed premises, including the parking area, or in any public right of way. G. Any owner of a licensed premises or any person from whom the licensee derives the right to possession of such premises, or the agent of such owner or person who knowingly permits the licensee to use said licensed premises in violation of the terms of this chapter shall be deemed guilty of a violation of this chapter to the same extent as said licensee and be subject to the same punishment. H. Every act or omission of any nature constituting a violation of any of the provisions of this chapter, by any officer, director, manager, or other agent or employee of any licensee, shall be deemed and held to be the act of such employer or licensee, and said employer or Iicensee shall be punishable in the same manner as if said act or omission had been done or omitted by him personally. I. No licensee shall discharge or in any way retaliate against any person, because the person reported a violation of any provision of this chapter to the local liquor control commissioner or other law enforcement official. J. No person shall offer anything of value to any village official or employee, directly or indirectly, to influence the issuance of a license or the enforcement of any provision of this chapter. K. No licensee shall deny or permit his agents and employees to deny in violation of an "federal, state or local law any person the full and equal enjoyment of the accommodations, advantages, facilities and privileges of any premises in which alcoholic liquors are authorized to be sold subject only to the conditions and limitations established by law and applicable alike to all citizens. L. No person except a manufacturer or distributor, or importing distributor, shall fill or refill, in whole or in part. any original package of alcoholic liquor with the same or any other kind or quality of alcoholic liquor, and it shall be unlawful for any person to have in his possession for sale at retail any bottles, casks or other containers containing alcoholic liquor, except in original packages. M. Safety provisions: 1. A licensee shall not permit the use of any pyrotechnic device within its licensed premises without the prior authorization of the Illinois state fire marshal, or the village fire marshal or his designee. A Iicensee, or any agent or employee of that licensee, may not use or permit mace, pepper spray, or any other toxic air - released compound within its licensed premises. Violation of this subsection Ml by any licensee or any employee or agent of a licensee is a class 4 felony. 2. No person may impede any person who is attempting to exit a licensed premises due to an emergency that constitutes a threat to the health or safety of persons within the licensed premises. For the purpose of this section, the term "impede a person who is attempting to exit" includes physically restraining the person or blocking or locking an exit while the licensed premises is open to the public. Violation of this subsection M2 is a class 4 felony. 3. A licensee of a Iicensed premises with an authorized capacity of at least two hundred fifty (250) persons, as set by the state fire marshal, the fire chief or his designee or as set by local ordinance, whichever is lowest, must place a panic bar on each exit of its licensed premises. A licensee of a licensed premises with an authorized capacity of at least five hundred (500) persons that conducts live entertainment within its licensed premises must, before the commencement of the live entertainment, make an announcement to the patrons of the Iicensed premises that generally informs those patrons of the locations of exits and fire escapes at the licensed premises. N. Happy hours prohibited: 1. No retail licensee or employee or agent of such licensee shall: a. Serve two (2) or more drinks of alcoholic liquor at one time to one person for consumption by that one person, except conducting product sampling as allowed by law or selling or delivering wine by the bottle or carafe; b. Sell, offer to sell or serve to any person an unlimited number of drinks of alcoholic liquor during any set period of time for a fixed price, except at private functions not open to the general public; C. Sell, offer to sell or serve any drink of alcoholic liquor to any person on any one date at a reduced price other than that charged other purchasers of drinks on that day where such reduced price is a promotion to encourage consumption of alcoholic liquor; d. Increase the volume of alcoholic liquor contained in a drink, or the size of a drink of alcoholic liquor, without increasing proportionately the price regularly charged for the drink on that day; e. Encourage or permit, on the licensed premises, any game or contest which involves drinking alcoholic liquor or the awarding of drinks of alcoholic liquor as prizes for such game or contest on the licensed premises; or f. Advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited under subsections N I a through N1e of this section. 2. Nothing in subsection NI of this section shall be construed to a licensee from: a. prohibit Offering free food or entertainment at any time; b. Including drinks of alcoholic liquor as part of a meal package; C. Including drinks of alcoholic liquor as part of a hotel package; d. Negotiating drinks of alcoholic Iiquor as part of contract between a hotel or multiuse establishment and another group for the holding of any function, meeting, convention or trade show; e. Providing room service to persons renting rooms at a hotel; f Selling pitchers (or the equivalent, including, but not limited to, buckets), carafes, or bottles of alcoholic liquor which are customarily sold in such manner and delivered to two (2) or more persons at one time; or g. Increasing prices of drinks of alcoholic liquor in lieu of, in whole or in part, a cover charge to offset the cost of special entertainment not regularly scheduled. 3. All licensees shall maintain a schedule of the prices charged for all drinks of alcoholic liquor to be served and consumed on the licensed premises or in any room or part thereof. (Ord. 06 -20, 6 -12 -2006) 4 -3 -17: PROHIBITED CONDUCT RELATING TO MINORS: A. No person or licensee nor any officer, associate, member, representative, agent, or employee of such licensee shall sell, give, or deliver alcoholic liquor to any person under the age of twenty one (21) years. B. No person or Iicensee nor any officer, associate, member, representative, agent, or employee of such licensee shall sell alcoholic liquor to any person who appears to be under the age of thirty - five (35) without first requiring said person to furnish a valid state of Illinois picture I.D. or driver's license, or U.S. passport. (Ord 12 -09, 04- 09 -12) C. No person under the age of twenty -one (21) years shall purchase, obtain or consume alcoholic liquor. D. A licensee shall display a sign at the licensed premises at all times in a prominent place, which shall read substantially as follows: WARNING TO PERSONS UNDER 21 YEARS YOU ARE SUBJECT TO A FINE OF UP TO ONE THOUSAND DOLLARS ($1,000) UNDER THE ORDINANCE OF THE VILLAGE OF MORTON GROVE IF YOU PURCHASE ALCOHOLIC LIQUOR, OR MISREPRESENT YOUR AGE FOR THE PURPOSE OF PURCHASING OR OBTAINING ALCOHOLIC LIQUOR. ALL UNLAWFUL ATTEMPTS TO PURCHASE ALCOHOL SHOULD BE REPORTED TO THE MORTON GROVE POLICE DEPARTMENT 847 - 470 -5200 E. No person shall permit any person under the age of twenty one (2 1) to be or remain at any establishment where the sale of alcoholic liquor is the principal business unless accompanied I y his or her parent or guardian, or any lawful employee eighteen (18) years of age or older. F. No parent or guardian shall permit his or her child to violate any of the provisions of this section. G. No person under the age of twenty one (2 1) years shall falsely represent that he or she is at least twenty one (21) years of age, or present or offer to any Iicensee, his agent or employee, any proof or evidence of age and identity that is false, fraudulent, or not actually his or her own for the purpose of ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure any alcoholic beverage. H. No person under the age of twenty one (21) years shall have in his or her possession any false or fraudulent written, printed, or photostatic evidence of age and identity. I. No person under the age of twenty one (2 F) years shall have any alcoholic liquor in his or her possession on any street or highway or in any public place or in any place open to the public, unless such person is making a delivery of alcoholic liquor in pursuance of the order of his or her parent. J. No person shall rent a hotel or motel room for the purpose of or with the knowledge that such room shall be used for the consumption of alcoholic liquor by a person under the age of twenty one (2 P) years. K. No person shall permit a person under the age of twenty one (21) to consume alcoholic liquor at his residence or property. A person is deemed to violate this subsection if he knowingly authorizes, enables, or permits his property to be used for the consumption of alcoholic liquor by a person under the age of twenty one (21), or by failing to control access to either the residence or the alcoholic liquor maintained in the residence. L. No person shall have alcoholic liquor in his or her possession on public school district property on school days or at events on public school district property when children are present unless the alcoholic liquor is in the original container with the seal unbroken and is in the possession of a person who is not otherwise legally prohibited from possessing the alcoholic liquor, unless the alcoholic liquor is in the possession of a person in or for the performance of a religious service or ceremony. M. No licensee shall permit any employee or any person under the age of twenty one (21) to sell, serve, handle, draw, pour, or mix any alcoholic liquor on the licensed premises. N. The possession and dispensing, or consumption by a person under twenty one (21) years of age of alcoholic liquor in the performance of a religious service or ceremony; or the consumption of alcoholic liquor by a person under twenty one (2 1) years of age under the direct supervision and approval of a parent or guardian or person standing in loco parentis of such person under twenty one (2 1) years of age in the privacy of a home, is not prohibited by this chapter. (Ord. 06 -20, 6 -12 -2006) 4 -3 -18: DECLARATION OF NUISANCE: Every lot, parcel, or tract of land, and every building, structure, establishment, or place whatsoever, together with all furniture, fixtures, and ornaments located thereon, wherein any unlawful sale of alcoholic liquor is conducted, or wherever alcoholic liquor is kept, stored, concealed, allowed or intended for illegal sale or is or is to be sold, disposed of, or in any other mariner used in violation of any of the provisions of this chapter, or any place where alcoholic liquor is sold or served and which is also used for illegal purposes including the sale of unlawful drugs, lewdness, or illegal gambling, prostitution, or is otherwise detrimental to the peace and well being of the neighborhood is declared to be a public nuisance and shall be abated and may be enjoined as provided by the village ordinances and laws of this state for the abatement of public nuisances. (Ord. 06 -20, 6 -12 -2006) 4 -3 -14: EMERGENCY CLOSING: A. If the commissioner has reason to believe any continued operation of a particular Iicensed premises will immediately threaten the welfare of the community he may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the Iicensed premises closed for not more than seven (7) days, except that if such licensee shall also be engaged in the conduct of another business or businesses on the licensed premises such order shall not be applicable to such other business or businesses. The licensee shall be given an opportunity to be heard during that period. B. The chief of police upon the issuance of a written order stating the reasons therefore, without notice or hearing, may order a licensed premises to be closed without a hearing for a period of twenty four (24) hours if the premises was the scene of a disturbance involving injury or threat to any person or the use of firearms, or if the premises constitutes a crime scene and such closing could prevent the loss or destruction of evidence and facilitate a police investigation, for up to seven (7) days or longer if necessary to preserve the integrity of evidentiary collection procedures. (Ord. 06 -20, 6 -12 -2006) 4 -3-20: PROCEEDING BEFORE THE LOCAL LIQUOR CONTROL COMMISSIONER: A. The commissioner, after conducting an administrative hearing, may revoke or suspend any license issued by him or impose a fine upon a licensee if he determines cause exists for such action by a preponderance of the evidence. B. Any resident(s) of the village may file a complaint with the chief of police stating any licensee has been or is violating the provisions of this chapter. Such complaint shall be in writing and shall be signed and sworn to by the parties complaining. The complaint shall state the particular provision, rule or regulation believed to have been violated and the facts in detail upon which belief is based. If the chief of police is satisfied the complaint substantially charges a violation. he shall conduct an investigation. If, after conducting an investigation, the chief of police has reason to believe a violation did occur, he shall refer the matter to the commissioner who shall conduct a hearing to determine whether action should be taken against the licensee in accordance with this section. C. The following procedures shall apply to all hearings and rehearings for the suspension or revocation of licenses, or impositions of fines by the commissioner or to review an order for an emergency closing, or a denial of a request for the issuance, transfer or renewal of a license: 1. All hearings shall be open to the public. 2. Except for hearings related to emergency closures, all licensees and persons charged with a violation pursuant to this chapter shall be given at least a three (3) day written notice of the proceeding affording the licensee or such person an opportunity to appear and defend. This notice provision may be waived by the licensee or other person so charged. 3. Notice of the hearing may be served by personal delivery to the person so charged, or the licensee or his manager, by certified mail to the known address of the licensee or person charged, or to the licensee by posting on the Iicensed premises. 4. A certified official record of the proceedings shall be taken by a certified court reporter or certified shorthand reporter. 5. Irrelevant, immaterial, or unduly repetitious evidence may be excluded. 6. The rules of evidence and privilege as applied in civil cases in the circuit courts of Illinois shall be generally followed. However, evidence not admissible under such rules of evidence may be admitted if it is deemed reasonably reliable by the commissioner. 7. The commissioner shall reduce his finding to writing. D. n 8. The commissioner shall within five (5) days after such hearing, if he determines after such hearing the license should be revoked or suspended or the licensee should be fined, state the reason or reasons for such determination in a written order, and either the amount of the fine, the period of suspension, or the license has been revoked, and shall serve a copy of such order within the five (5) days upon the licensee by regular mail to the licensee's or person's last known address, or to the licensed premises. Failure to follow this provision shall not constitute a jurisdictional defect and shall not impair the legal effect of or enforcement of an order issued by the commissioner within any reasonable time after the hearing. 9. In the event the liquor control commissioner shall find a person or a licensee guilty of violating any provision of this chapter, he may: (Ord. 06 -20, 6 -12 -2006) a. Levy a fine on the person or licensee for such violations. The fine imposed shall be in accordance with title I, chapter 4 of this code. Each day on which a violation continues shall constitute a separate violation. Not more than fifteen thousand dollars ($15,000.00) in fines under this section may be imposed against any licensee during any annual period of his license. Proceeds from such fines shall be paid into the general corporate fund of the municipal treasury; (Ord. 08 -22, 5 -12 -2008) b. In addition to any fine, order the suspension of any license for up to thirty (30) days. During any period of suspension, the licensee shall remove all alcoholic liquor from the premises, or with the written consent of the commissioner, conceal said alcoholic liquor from public view. The licensee shall also prominently display a sign provided by the commissioner which shall advise the public that the sale of alcohol is prohibited during the period of suspension; C. In addition to any fine, order the revocation of the Iicense. Unless specified otherwise, a revocation shall be entered as to the licensee only and not to the licensed premises; d. In addition to or in lieu of any fine, suspension, or revocation, order the licensee to successfully complete an alcohol sales and service training program; e. In addition to any fine, suspension, or revocation, order the licensee to pay reasonable attorney fees incurred by the village; f. In addition to any fine, suspension, or revocation, order the licensee to pay reasonable costs incurred at the hearing, including court reporter fees, police personnel and inspector fees. The aforesaid proceedings and sanctions imposed by the commissioner are not exclusive and shall be in addition to all other rights of prosecution, actions or remedies available to the village, state commission and the state. Any order or action of the commissioner levying a fine or refusing to levy a fine on a licensee, granting or refusing to grant a license, revoking or suspending or refusing to revoke or suspend a license or refusing for more than thirty (30) days to grant a hearing upon a complaint to revoke or suspend a license may, within twenty (20) days after notice of such order or action, be appealed by any interested person or resident of the village of Morton Grove to the state liquor commission subject to the following: 1. Except as provided in subsection E3 of this section, in any case where a licensee timely appeals to the state liquor commission from an order or action of the commissioner having the effect of suspending or revoking a license, or denying arenewal application, the licensee may continue the operation of the licensed business pending the decision of the state liquor commission and the expiration of the time allowed for an application for rehearing. 2. Except as provided in subsection E3 of this section; if an application for rehearing is filed, the licensee may continue the operation of the licensed business until the decision on rehearing. 3. In any case in which a licensee applies for a rehearing. or appeals to the state liquor commission a suspension or revocation by a commissioner that is the second or subsequent such suspension or revocation placed on that licensee within the preceding twelve (12) month period, the provisions of subsections El and E2 of this section shall not apply, and the appeal or rehearing shall not stay the order of the commissioner. During the period of suspension or revocation or until the state liquor commission overturns the order of the commissioner and all rehearings have concluded, or if none, upon the expiration of the time allowed for an application for rehearing, the licensee shall remove all alcoholic liquor . from the premises, or with the written consent of the commissioner, conceal said alcoholic liquor from public view. During said period, the licensee shall also prominently display a sign provided by the commissioner which shall advise the public that the sale of alcohol is prohibited. An appeal of any decision of the commissioner shall be limited to a review of the official record of the proceedings. 4. A certified official record of the proceedings taken and prepared by a certified court reporter or certified shorthand reporter shall be filed by the commissioner within live (5) days after notice of the filing of such appeal, provided the appellant licensee pays for the cost of the transcript. 5. The state liquor commission shall review the propriety of the order or action of the commissioner subject only to consideration of the following questions: a. Whether the commissioner has proceeded in a lawful manner; b. Whether the order is supported by the findings; C. Whether the findings are supported by substantial evidence in the light of the whole record. 6. The only evidence which may be considered in the review shall be the evidence found in the certified official record of the proceedings of the commissioner. No new or additional evidence shall be admitted or considered. 7. The state commission shall render a decision affirming, reversing or modifying the order or action reviewed within thirty (30) days after the an was heard. (Ord. 06 -20, 6 -12 -2006) 4 -3 -21: VIOLATIONS; PENALTIES: A. The village of Morton Grove administrative adjudication hearing officer and /or the circuit court of Cook County are authorized to hear and determine proceedings against any person for violations of this chapter. B. No person shall be charged or prosecuted for any violation of this chapter if he is a law enforcement officer or an agent of the chief of police in the investigation or enforcement of the provisions of this chapter or the act and his activities are approved in writing by the Cook County state's attorney, the director of state, or the chief of police of the village. C. Any person who sells alcoholic liquor at any place within the village of Morton Grove without having first obtained a valid and current license to do so under the provisions of this chapter shall be fined in accordance with title 1, chapter 4 of this code. Each day on which a violation continues shall constitute a separate violation. D. Any person who makes any false statement or otherwise violates any of the provisions of this chapter in attempting to obtain any license hereunder shall be fined in accordance with title 1, chapter 4 of this code, and said application or license may be rejected or revoked. E. Any person under the age of twenty one (2 1) years who buys, accepts, receives, consumes, or for the purpose of buying, accepting or receiving alcoholic liquor represents that he is twenty one (2 1) years of age in violation of this chapter shall be fined in accordance with title 1., chapter 4 of this code for each violation. In lieu or in addition to any fine, said person may be required to perform community service or participate in a drug or alcohol education or treatment program. F. Except as specified otherwise in this chapter, any person other than a licensee who violates any provision of this chapter not specified above shall be fined in accordance with title 1, chapter 4 of this code for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. G. Any licensee who violates any provision of this chapter not specified above shall be fined in accordance with title 1, chapter 4 of this code. Each day on which a violation continues shall constitute a separate violation. Said fine shall be in addition to any sanction imposed by the commissioner pursuant to section 4 -3 -14 of this chapter. (Ord. 08 -22, 5 -12 -2008) Footnote is 235ILCS 511 -1. SECTION 3: The terms and conditions of this ordinance shall be severable and if any section, term, provision, or condition is found to be invalid or unenforceable by any reason by a court of competent jurisdiction, the remaining sections, terms, provisions, and conditions, shall remain in full force and effect. SECTION 4: In the event this ordinance or any code amendment herein is in conflict with anv statute, ordinance, or resolution or part thereof, the amendments in this ordinance shall be controlling and shall supersede all other statutes, ordinances, or resolutions but only to the extent of such conflict. Except as amended in this ordinance, all chapters and sections of the Village of Morton Grove Village Code are hereby restated, readopted, and shall remain in full force and effect. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 10`x' day of September 2012. Trustee DiMaria Trustee Gomberg Trustee Great Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 10"' day of September 2012. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this I O'h day of September 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 1.2 -58 AUTHORIZING AN AGREEMENT BETWEEN THE STATE OF ILLINOIS AND THE VILLAGE OF MORTON GROVE LOCAL LIQUOR CONTROL COMMISSION TO SEND BACKGROUND FINGERPRINT CHECKS BOTH MANUALLY AND THROUGH THE LIVESCAN FINGERPRINT MACHINE Introduced: August 13, 2012 Synopsis: I This resolution will authorize an agreement between the State of Illinois and the Local Liquor Control Commission to perform background checks. Purpose: To effectively perform background checks on individuals requesting a Local Liquor License. Background: The Village of Morton Grove uses the Illinois State police to conduct background history and fingerprint checks for it applications seeking Village of Morton Grove liquor licenses. The Illinois State police requires the Village enter into an inter agency user agreement for the services to be continued. The agreement sets forth the Villages responsibilities to protect and safeguard information received from the State police. It also provides the information shall be destroyed when it is no longer required by the Village. The State police charges fees to recoup their cost for this service as attached to the agreement as Appendix A. The agreement can be canceled at any time by either party. The Chief of PoIiee recommends the approval of this resolution. Programs, Departments Administration and Legal Departments. or Groups Affected Fiscal Impact: N/A Source of Funds: N/A Workload Impact: The management and supervision of this program will be performed by the Administration and Legal Departments as part of their normal work activities. Admin Recommend: 1 Approval as presented Second Reading: N/A Special Considerations None or Requirements: , / +�? F-1 // Respectfully submitted: Reviewed by: _ Teresa Administrator Corporation Counsel Prepared by: r Mark Erickson, Police Chief AUTHORIZING AN AGREEMENT BETWEEN THE STATE OF ILLINOIS AND THE VILLAGE OF MORTON GROVE LOCAL LIQUOR CONTROL COMMISSION TO SEND BACKGROUND FINGERPRINT CHECKS BOTH MANUALLY AND THROUGH THE LIVESCAN FINGERPRINT MACHINE 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, purchase, and incur debt; and WHEREAS, the Village desires to remain current with various agreements with the State of Illinois; and WHEREAS, the Village has previously entered into an Interagency User Agreement with the Illinois State Police, Bureau of Investigation; and WHEREAS, this particular agreement is utilized to conduct criminal history record checks through the Illinois State Police and may include a criminal history record check through the Federal Bureau of Investigation for use by the Local Liquor Control Commission. 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 Administrator, Chief of Police and their designees are hereby authorized to take all steps necessary to implement this Agreement. SECTION 3: The Village of Morton Grove is authorized to enter into an Interagency User Agreement with the Illinois State Police, Bureau of Identification to perform criminal history record checks which may include checks by the Federal Bureau of Investigation. That agreement is 44a$ 18 and made a part of this resolution. SECTION 4: The Village President, as the Local Liquor Control Commissioner is hereby authorized to execute, and the Village Clerk to attest to the Interagency User Agreement for an indefinite period of time for use by the Local Liquor Control Commission to perform background checks. SECTION 5: This Resolution shall be in full force and effect upon its passage and approval. PASSED this 13 °' day of August 2012. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED by me this 13`x' day of August 2012. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 14`x' day of August 2012. Tony S. Kaiogerakos, Village Clerk Village of Morton Grove Cook County, Illinois `$ale srAr�Ao N J � A ��? a STATE GE ILLINOIS ILLINOIS STATE POLICE INTER AGENCY AGREEMENT BETWEEN THE ILLINOIS STATE POLICE VON Village of Morton Crove Requesting Organization (User) The Illinois State Police (hereinafter "ISP ") acting as the state central repository for Criminal History Record Information (hereinafter "CIIRi") and the User, hereby agree to the following terms, provisions, and conditions: I. Purpose: (t) ISP, in its capacity as the state central repository, has the authority to provide CHRi, pursuant to the applicable Illinois Compiled Statute, and be paid for its expenses. This Interagency Agreement (hereinafter "Agreement") establishes the terms of the relationship. IZ. Effective Nate: (t) This agreement will commence upon execution of the signature of the Director of the Illinois State Police and continues unless canceled by either party upon thirty (30) days written notice. III. Services the ISP agrees to provide to User: (1) Fingerprint -based Criminal History Record Information authorized by law to be released. IV. Duties of User: User agrees to undertake and perform the following duties: (1) User will request applicants submit fee applicant fingerprint cards, via a live scan vendor, for processing by ISP through its files. Manual fee applicant cards (IL 493 -0696) will be accepted in those instances where live scan transmissions cannot be used. (2) User shall submit FBI fee applicant fingerprint cards forsubmission to the Federal Bureau of Identification's Criminal Justice Information Services (CJIS) Division through the ISP. (3) User shall be responsible for checking the quality and completeness of all manual forms submitted by their Agency or Department to ensure they are legible and properly completed. Forms deemed to be incomplete may be returned unprocessed. (4) User shall cooperate with and make its records available to ISP /FBI for the purpose of conducting periodic audits to ensure User's compliance with all laws, rules, and regulations regarding the processing of CHRI furnished by ISP to User. (5) User agrees to keep such records as ISP may direct in order to facilitate such audits. At a minimum, User shall log all dissemination of ISP /FBI CHRI received from ISP and /or the FBI. This log must include the identities of persons or agencies to whom the information is released, the name of the requester, the authority of the requester the purpose of the request, the identity of the individual to whom the information relates, and the date of the dissemination. Such log shall be retained for a period of three (3) years. (6) User shall be responsible for the physical security of ISP /FBI CHRI under its control or in its custody and shall protect such information from unauthorized access, disclosure and dissemination. (7) User shall limit dissemination of CHRI to statutorily authorized parties and ensure such authorized parties agree to provide the same protection and physical security of CHRI as agreed to by User, (8) When CHRI is no longer required by User, data shall be destroyed by User through shredding or burning of paper documentation andior deletion of electronic CHRI from User's databases. (9) The User shall comply with all the provisions of Criminal Identification Act (20 ILCS 2630/1, et seq). (10) Payments for services rendered by ISP pursuant to the terms of this Interagency Agreement shall be paid in full not later than forty -five (45) calendar days from the last date of the billing cycle. Failure to pay on a timely basis could result in an interruption of services rendered by ISP. (1 1) User shall comply with all provisions outlined in Addendum I if User is providing live scan fingerprinting services as part of this Interagency Agreement. (12) User shall report in writing to the ISP any changes in agency contact information, and initiate a new user agreement for Chief Administrator(s) name change: V. Duties of 1SP: ISP agrees to undertake and perform the fbitowing duties: (1) ISP shall process, in a timely fashion, all ISP/FBI fee applicant cards submitted by User. (2) ISP agrees to forward, in a timely fashion, FBI applicant fingerprint cards to the FBI`s Criminal Justice Information Services (CJIS) Division, (3) ISP shall, if requested, assist User in the interpretation or translation of any CHRI requiring clarification. (A) ISP shall conduct an annual review in order to determine the level of fees to be established to cover the cost of processing criminal record inquiries. ISP fees shall be based upon the cost of providing CHRI services, as required bylaw. User shall be notified of any change in ISP fees. Pursuant to notification by ISP, any new ISP fee established shall replace the ISP fee identified in Appendix A. (5) Fingerprint submission procedures established by the FBI are subject to change and ISP shall advise User immediately of any changes promulgated by the FBI. (6) ISP will notify User if fee applicant fingerprint cards are of insufficient fingerprint quality. Background checks can not be processed for fee applicant fingerprint cards containing insufficient fingerprint quality. The User may request the applicant resubmit a new completed fingerprint card for reprocessing by ISP with the appropriate fee. Vi. General Provisions (1) ISP agrees to notify User sixty (60) days prior to making changes in rules, procedures, and policies adopted by it and incorporated in this agreement, Changes in the rules; procedures, and policies originating with federal and state executive order, congressional or state legislative enactment, or by court decision shall be initiated as required by law, (2) The current fee schedule is reflected in Appendix A. This agreement may be amended by the mutual consent of both parties at anytime during its term. Amendments to this Agreement shall be in writing and signed by both parties or their authorized representatives. Modifications of the fee amounts in Appendix A will be implemented upon written notification from ISP to User. IN WITNESS THEREOF, the parties hereto caused this agreement to be executed by the proper officers and officials. Signature of Agency Head Mark Erickson, Chief of Police Print or Type Name of Agency Head Village of Morton Grove Name of Agency 6101 Capulina Avenue Address of Agency 847/470 -5200 Telephone Number merickson@mortongroveil.ora E -mail Address August 13, 2012 Date State of Illinois Illinois State Police By: Director Date: Morton Grove, Illinois 60053 City State Zip 4 847/965 -2950 Fax Number Appendix A AUTHORIZATION: ISP will provide User with CHR[ pursuant to and limited by: 20 ILCS 2630/et seq FEES: Services performed by ISP will be based upon the following fee schedule: $3925 Each original set of Fee Applicant fingerprint cards (I -ISP & ]-FBI) submitted manually. $34.25 Each set of Fee Applicant fingerprint images 0-ISP & I -FBI) submitted electronically. $20.00 Each ISP Fee Applicant fingerprint card submitted manually $15.00 Each ISP Fee Applicant fingerprint card submitted electronically. $19.25 Each FBI Applicant fingerprint card submitted manually or electronically. $1 OM Each re- submission of ISP /FBI Fee Applicant fingerprints as a result of an unclassifiable fingerprint card. NOTICES: All notices shall be effective on the date of posting with the U. S. Postal Service and shall be addressed as follows: ISP: USER: Village of Morton Grove Agency 6101 Capulina Avenue Morton Grove, Illinois 60053 Street Address, City, State Zip 847/470 -5200 Telephone Number ❑ 847/965 -2950 Fax Number ❑ merickson@mortongroveil.org *E -mail Address Illinois State Police Bureau of Identification 260 North Chicago Street Joliet, Illinois 60432- 4072 Please mark only one preferred response method: *Agency must have installed the decryption software www.isostete ii us) and must he Entrust (cawvv i[fiioiv eov -'oki} prior to receiving email re registered with sponses. Addendum I (Addendum I to be utilized in conjunction with ISP Interagency Agreement.for file sole Purpose of utilizing live scan fingerprinting services) Purpose: Governmental agencies or other legal entities (hereinafter, "Users ") have a need for live scan fingerprinting services in order to perform their licensing and employment responsibilities. Vendors may be utilized by such Users to provide live scan fingerprinting services and have the fingerprint images forwarded to the ISP for processing. ISP, in its capacity as the state central repository, has the authority to provide CHRI, pursuant to the applicable Illinois Compiled Statute, and be paid for its expenses. This Addendum establishes the terms of the relationship. Services ISP Agrees to Provide: ISP agrees to accept and process live scan fingerprint images submitted in the form and manner prescribed by ISP. Duties of User: User agrees to undertake and perform the following duties: (1) User agrees to capture and transmit all fingerprint images to the ISP using live scan equipment certified by the Federal Bureau of Investigation (FBI). The fingerprint images and demographic data must be submitted in the form and manner required by ISP/FFBl, including the electronic transfer of fingerprint and demographic data to the ISP NATv1S /AFIS system via a network connection as defined by the ISP /FBI. All fingerprint and demographic data transmitted must be encrypted at all times using FBI encryption standards. (2) User agrees to comply with all lSP(FBC certification standards and procedures, which includes but is not limited to certification of live scan equipment, audits of live scan transmissions to the ISP/FBI. (3) User agrees to take appropriate action to ensure each live scan transmission is sent to ISP successfully and passes all ISP live scan edits, conforming to the most recent ISP Electronic Fingerprint Submission Specifications (EFSS). In tiie event the electronic fingerprint specifications are modified, the user agrees to make any changes necessary to meet the new specifications within thirty (30) days of notification. Addendum C - conrinited- (4) User agrees to cooperate and make its records available for the purpose of conducting periodic audits by 1SP /FBI to ensure compliance with all laws, rules and regulations regarding the submission of fingerprints to the ISINFBI via live scan. DiSSemination: At a minimum, User shall log all dissemination of rSP /FBI CHRI received from ISP and /or the FBI, This log must include the identities of persons or agencies to whom the information is released, the name of the requester, the authority of the requester, the Purpose of the request, the identity of the individual to whom the information relates, and the date of the dissemination. Such log shall be retained for a period of three (3) years. CHRI will on €y be disseminated directly to the Requester and only to the extent permitted by taw. Signature of Agency Mark Erickson Print or Type Name of Agency Head Village of Morton Grove Name of Agency 6101 Capulina Avenue Morton Grove, Illinois 60053 Address of Agency City State Zip August 13, 2012 Date Legislative Summary Ordinance 12_31 AMENDING 'TITLE 4, CHAPTER 213 AND CHAPTER 2C OF THE MUNICIPAL CODE ENTITLED AMUSEMENTS Introduced Objective Purpose: :. Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: Administrator Approval August 13, 2012 To amend Titie 4, Chapter 213, and Chapter 2C of the Municipal Code entitled "Amusements ". The amendments proposed in this ordinance will prohibit gambling in bowling alleys except as allowed and regulated by Illinois state laws. Current Village ordinance prohibits gambling of any kind in bowling alleys. With the recent change in state law, video gaming machines are allowed in liquor license establishments, but only if they are licensed and regulated by the state of Illinois following significant procedures to safeguard public health and safety. Classic Bowl in Morton Grove, in addition to being a bowling alley also possesses a Class A liquor license, and would like to operate video gaming machines in its bar area in accordance with state statute. This amendment will allow the operation of gaming terminals at Classic Bowl, if the establishment obtains a state license and is in compliance with state and local regulations for the operation of said machines. Administration, Legal Department, Police Department Not applicable Not applicable The Administration and Legal Departments will implement this ordinance in the course of their normal duties. Approval as presented. Required — code amendment, September 10, 2012 None Administrator Reviewed by 1 1 1 1 Mark Erickson, Chief of Police Prepared Tere AN ORDINANCE AMENDING TITLE 4, CHAPTER 2B ENTITLED AMUSEMENTS OF THE MUNICIPAL CORE OF THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 . Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village is continuously reviewing and as it deems necessary updating existing Village of Morton Grove Municipal Codes (Code) to assure they are kept current and relevant; and WHEREAS, at the request of a Local business, Village staff has proposed Title 4, Chapter 2B, and Title 4 Chapter 2C of the Municipal Code be amended to prohibit gambling in bowling alleys except as allowed by state law and in conformance with state and local regulations; and WHEREAS, the proposed amendments are in the Village's best interest. 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 4, Chapter 213, entitled BILLIARD AND POOL HALLS is hereby amended by repealing Title 4, Chapter 213, Section 2 and replacing it with a new Section to read as follows: 4 -213-2: GAMBLING: No person shall gamble, bet or permit any form of gambling or betting in any premises used for a bowling alley, pin or ball alley except where such gambling activity is permitted and licensed by state statute and is conducted under the rules and regulations provided by state and local ordinance for that particular type of gambling activity. (Ord 91 -53, 11-25-91; Ord 12- , 9- 10 -12) SECTION 3: Title 4, Chapter 2C, entitled BOWLING ALLEYS is hereby amended by repealing Title 4, Chapter 2C, Section 2 and replacing it with a new Section to read as follows: 4 -2C -2: GAMBLING: No person shall gamble, bet or permit any form of gambling or betting in any premises used for a bowling alley, pin or ball alley except where such gambling activity is permitted and licensed by state statute and is conducted under the rules and regulations provided by state and local ordinance for that particular type of gambling activity. (Ord 91- 53,11- 25 -91; Ord 12- , 9- 10 -12) SECTION 4. The Village Administrator and the Chief of Police and/or their designees are hereby directed and authorized to implement and enforce this ordinance. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 10 "' day of September 2012. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED by me this I O'h day of September 2012. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 11'h day of September 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois 1_ ,dative Summary Special Considerations ; None or Requirements: Respectfully submitted: istrator Prepared by: 14` �, Reviewed by: Mark Erickson, Chief of Police Teresa Counsel Resolution 12 -59 APPROVING IN CONCEPT A PROPOSAL FROM THE VILLAGE OF GLENVIEW FOR POLICE DISPATCHING SERVICES AND AUTHORIZING STAFF TO PREPARE A INTERGOVERNMENTAL AGREEMENT WITH THE VILLAGE OF GLENVIEW FOR JOINT PUBLIC SAFETY COMMUNICATIONS SERVICES Introduced: August 13, 2012 Objective: To authorize the Village Administrator, or his designee, to draft an agreement with the Village of Glenview for police dispatching services. Purpose: To acquire police dispatch services in a cost effective manner while modernizing processes, systems and operations, both electronically and otherwise. Background: The Village staff has investigated opportunities for the provision of police dispatching services which would provide Village residents with as good or greater quality of service as they now receive at less cost. As part of staff's analysis, the Village has received a proposal for a 5 year agreement from the Village of Glenview for emergency dispatch services for all 911 and 10 digit emergency calls at a scope equal to or greater than Morton Grove's current contractual arrangements with the North Suburban Emergency Communication Center (NSECC). The cost pursuant to this proposal includes dispatching services in the year 2013 at $675,000 increasing through year 2017 at a cost of $950,000, The Village would . also hzcur a one -time capital improvements charge of $290,000. An Intergovernmental Agreement with Glenview would substantially lower dispatch related costs while receiving many significant system enhancements for the safety and benefit of the Village's police officers and the community. The service agreement provides the Police Department with process enhancements that would include a Computer Aided Dispatch (CAD) system and Records Management System (RMS). By adopting this resolution, the Village Board expresses its approval in principal to accept the July 20, 2012, proposal from the Village of Glenview and directs staff to prepare a formal contract subject to Board approval. Formalization of an agreement with the Village of Glenview will be contingent on the Village's termination of its contractual obligations with the North Suburban Emergency Communications Center (NSECC), Programs, Departs I Police Department or Groups Affected Fiscal Impact: Currently estimated at $965,000 for budget year 2013. Source of Funds: i General Fund — Acct No. 023014 - 557151 i Workload Impact: The Police Department will develop and facilitate the Village's participation as a part of their normal duty day. Admin Recommend: Approval as presented. Second Reading: Not required. Special Considerations ; None or Requirements: Respectfully submitted: istrator Prepared by: 14` �, Reviewed by: Mark Erickson, Chief of Police Teresa Counsel RESOLUTION 12 -59 APPROVING IN CONCEPT A PROPOSAL FROM THE VILLAGE OF GLENVIEW FOR POLICE DISPATCHING SERVICES AND AUTHORIZING STAFF TO PREPARE A INTERGOVERNMENTAL AGREEMENT WITH THE VILLAGE OF GLENVIEW FOR JOINT PUBLIC SAFETY COMMUNICATIONS SERVICES WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax, purchase, and incur debt; and WHEREAS, the Village of Morton Grove is continually evaluating services and operations to determine relevancy, efficiency, and the most cost effective means of service delivery; and WHEREAS, Village staff has investigated opportunities for the provision of police dispatching services which would provide Village residents with as good or greater quality service as they now receive at less cost; and WHEREAS, as part of staff analysis, the Village has received a proposal from the Village of Glenview to establish an agreement for the emergency dispatch services available through the Glenview Public Safety Dispatch Center (GPSDC); and WHEREAS, pursuant to the terms of this proposal, the Village would enter into a 5 year contractual agreement with the Village of Glenview which would include police dispatching services for all 911 and 10 digit emergency calls at a scope equal to or greater than Morton Grove's current contractual arrangements with the North Suburban Emergency Communication Center (NSECC); and WHEREAS, pursuant to the proposal the Village would realize considerable savings in terms of capital expenditure, as well as enhanced service capability; and WHEREAS, formalization of an agreement with the Village of Glenview is contingent on the Village's termination of its contractual obligations with North Suburban Emergency Communications Center (NSECC). 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 of Morton Grove approves in principal the proposal submitted by the Village of Glenview dated July 20, 2012, a copy of which is attached hereto as Exhibit "A" for a 5 year agreement for Police dispatching services, subject to the negotiation, preparation, and final approval of a formal agreement with the village of Glenview and the termination of the Village's contractual obligations to the North Suburban Emergency Communication Center (NSECC). SECTION 3: The Village Administrator and Police Chief and their designees are hereby authorized to prepare an intergovernmental agreement with the Village of Glenview for police dispatch services subject to Board approval, and to take all steps necessary to terminate the Village of Morton Grove's agreement and its current obligations with NSECC. SECTION 4: This Resolution shall be in full force and effect upon its passage and approval. PASSED this I3`h day of August 2012. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this I P day of August 2012 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 14a' day of August 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois July 2D7 20;2 Mr, Ryan Horne Village Administrator Village of Morton Grove 6101 Capulina Avenue Morton Grove, IL 50053 Mr. Home: The Vll12ala of Glenview appreciates your continued interest in the emergency, dispatch services available through the Glenview Public Safety Dispatch Center (GPSDC); As GPSDC enters into its third year of providing dispatch services to the Village of Grayslake Police Department, Glenview and Grayslake have demonstrated a successful partnership through contractual dispatching services. The success of this partnership is evidenced by Graysiake's continued confidence in the quality of services provided to their residents as well as their police department employees, and Glenview's ability to control on -going costs. It is with this type of partnership in mind that Glenview provides a five year proposal to the Village of Morton Grove for contractual provision of police dispatching services. Glenview's proposal provides the Morton Grove Police Department with a high level of customer service at a reasonable cost, allowing the depa business. rimerts to focus on their core A detailed question and answer document is attached as Appendix A, of which addresses the proposed service level as well as technical and operational impacts, An overview of the economic and service scope terms of the proposal are as follows: 1. Five year dispatch services contract beginning in 2Qi3, 2. Service level includes police dispatching service for all 911 calls and 10 digit emergenoy calls for the Village of Morton Grove. The intent of Glenviews proposal is to provide a service scope equal to orgreater than Morton Grove`s current contractual arrangement. 3. Morton Grove would be added to the existing New World Systems software on Glenview's existing application servers by each agency purchasing the necessary user licenses from New World. Village Manager's Ofnoe • I225 WauteeganRoad � Glenview, IL fi ©025 Ph. 847.904 -4 -170 • Fax 847 "24.'_518 elonview ii us 4. Glenview will be responsible for all information technology costs and services related is maintaining the New World Computer Aided Dispatch, New World Records Management System, New World Mobile and Field Reporting Systems, and all other software /hardware components, New World or otherwise, integrated with the New World System to the extent that those components are physically located in Glenview. in addition, Glenview aorees to schedule, perform, and complete, in coordination with Morton Grove, any and all upgrades to the New World System Servers, Morton Grove will be responsible for all third party software and hardware prerequisites required for New World currently and for future upgrades to be implemented properly on all Morton Grove hardware including the mobile clients. 5. Dispatch Services costs should Morton Grove Police join GPSDC without Niles Police: Year 12013: $ 6751000 Year 2 2014: S 755,000 Year 3 2015: $ 814,D00 Year 4 2015: $ 879,000 Year 5 2017: $ 550,000 6. Dispatch Services costs for Morton Grove Police with Niles Police also joining GPSDC: Year 1 2013:$ 650,000 Year 2 2014: $ 73D.000 Year 3 2015: $ 8141OD0 Year 4 2016: $ 847,000 Year 5 2017: $ 9127000 r.. Estimated one time capital improvement costs should Morton Grove Police join GPSDC without Niles Police: Capital Improvement Costs Budgetary Es€imaies NG 511 Phone System 45,000 Voice Logging System 12,000 Consoles 5,000 Twining of TC`s 12,50© T1 to each PD (5yrs) 24,000 AT &T 511 infrastructure 10,000 Radio lnfrastructure" 75.000 183,500 OubtedHmounts- See Aftachrnent New World Licensing 61,755 New World 1 st Year SSMA 13,376 New World Travel Expense 3.000 108, i 31 $291,631 °Radro inirgstrudure co„r; estrmam inveased by $255,00 due to the cbengas rreedsd m add Mwmn Grove onm Glmviaws frequency. 8. Estimated one time capital improvement costs for Morton Joining GPSDC: Grove Police with Niles Palle also Capital Improvement Costs Sudpetary csSmates NG 911 Phone System 45 0Q0 Voice Logging System 12,000 Consoies 5100fl Training of TC's 121500 T1 to each PD (5yrs) 24,000 AT &T 911 infrastructure 10,000 Radio Infrastructure 30 GOO Quoted Amaunts - See Attachmant 138 u New World Licensing 91,755 NewWorid 1st Year SSMA 13,376 New World Trave( Expense 3.000 ------ 10J 8.13'1 $246,63'f 9. If Glenview is selected as the agency to provide service to Morton Grove, Glenview would draft a intergovernmental agreement to memonaiize service terms and conditions for Morton Grove's review. 10. Glenview respectfully requests an answer by August 15, 2012 regarding this proposal. It is understood that this date may need to be extended due to the availability of staff and the necessary meetings required of your Village Board to make the decision. Please do not hesitate to contact Brent Reynolds at (847)90'1 -6072 if any further information is required for Your consideration of this proposal. Sincerely, Todd Hileman Village Manager Appendixes: Appendix A: Question and Answer Document Appendir. B: New Word Systems Licensing Quotes Le2islalive Summary Ordinance 12 -28 DESIGNATING THE DEMPSTER WAUKEGAN BUSINESS DISTRICT AND APPROVING THE DEMPSTER WAUKEGAN BUSINESS DISTRICT REDEVELOPMENT PLAN IN THE VILLAGE OF MORTON GROVE Introduced: Synopsis: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Second Reading: August 13, 2012 This ordinance will designate the area contiguous with the Dempster Waukegan Road TIF District as a business district, pursuant to the Illinois Business District Development and Redevelopment Act A Business District created contiguous to the boundaries of the Dempster Waukegan TIF District would allow the Village to impose a sales tax within the area of.25 %, Revenue collected from this tax would be used to correct blighting conditions and stimulate redevelopment of vacant, obsolete, or underutilized parcels and provide improvements to public infrastructure. As part of the process to create a Tax Increment Financing District, in the area that includes the Prairie View Shopping Center and certain other adjacent properties, Village staff and its consultants have proposed that a Business District be created pursuant to the Illinois Business District Development and Redevelopment law for the same area. Creation of the Business District would allow the Village to impose and collect additional sales taxes within the area which can be used to improve the area and stimulate economic growth. A.25% sales tax is being considered for this District. In. order to create a Business District, the Village retained the services of SB Freidman who conducted a study and developed a Dempster Waukegan Business District Redevelopment Plan dated June 29, 2012. The study showed that the District qualified as a blighted area under Illinois law due to the deterioration of buildings and other improvements on sixty percent (60 %) of the parcels within the Study, the presence of surface deterioration evidenced by cracked and crumbling sidewalks, curbs, streets, and parking services; minor blighting due to improper subdivision or obsolete platting which limits street access and hinders redevelopment. In conformance with Illinois law, the Village adopted Ordinance 12 -24 on July 9, 2012, which approved the Business District Plan and fixed the time and place for a public hearing. Notice of the public hearing was published in the Morton Grove Champion on July 19, 2012, and took place on August 13, 2012. This Ordinance will approve the Business District Plan produced by SB Friedman and Co., and designate the area as a Business District under Illinois law. Upon approval of this Ordinance the Corporate Authorities must also consider Ordinance 12 -32 which will approve the imposition of Business District taxes within the District. Taxes can be used for the planning, execution, and implementation of the Business District Plan. Administration and Legal Departments N/A NIA The Village Administrator and Corporation Counsel will oversee implementation of the Plan. Approval as presented The second reading will be September 10, 2012. Special Consider or None Requirements: ` Respectfully submitted: x, -- Ryan orne,'Village Administrator Prepared by: Teresa Hofiinan Liston, Corporation Counsel DESIGNATING THE DEMPSTER WAUKEGAN BUSINESS DISTRICT AND APPROVING THE DEMPSTER WAUKEGAN BUSINESS DISTRICT REDEVELOPMENTPLAN IN THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove, Cook County, Illinois (the - Village ") is a home rule unit of government wider 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 authorized under and pursuant to the Business District Development and Redevelopment Law, as amended, constituting Division 74.3 of Article 11 of the Illinois Municipal Code (as supplemented and amended, the "Business District Act") to establish a business district to be named the "Dempster Waukegan Business District" (the "Business District") and to adopt and approve the related "Dempster Waukegan Business District Redevelopment Plan" dated June 29, 2012, prepared by S.B. Friedman & Company (the 'Business District Plana `); and WHEREAS, the Business District Plan sets outs estimated project costs to be incurred by the Village in furtherance of the Business District Plan (the "Business District Project Costs "), which the Village may pay or cause to be paid pursuant to the Business District Act; and WHEREAS, pursuant to section 11-74.3-2 of the Business District Act, prior to the adoption of ordinances proposing the designation of the Business District or approving the Business District Plan, the President and Board of Trustees ( "Corporate Authorities ") of the Village, on July 9, 2012, adopted Ordinance 12 -24, proposing the designation of the Business District, the approval of the Business District Plan and the imposition of Business District Taxes and fixed a time and place for a public hearing (the "Hearing ") on all of the foregoing proposals, and caused the notice of such public hearing to be published twice in the Morton Grove Champion on July 19, 2012, and on July 26, 2012; 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 were permitted to file 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 August 13, 2012; and WHEREAS, the eligibility analysis included in the Business District Plan demonstrates that the proposed Business District qualifies as a "blighted area" under the Business District Act due to the predominance of one factor, namely, the deterioration of buildings and other improvements on 60% of parcels within the study area, as evidenced by corroded window casements, cracks in cement block walls, disconnected pipes, rust, missing tuck pointing and brick spelling, and sagging or missing soffits, and also the presence of surface deterioration, as evidenced by cracked and crumbling sidewalks, curbs, streets and parking surfaces throughout the study area; and WHEREAS, the eligibility analysis also found a minor blighting factor present throughout the study area, namely improper subdivision or obsolete platting which limits street access and hinders redevelopment; and WHEREAS, the Village is interested in assisting in facilitating and providing financing and resources for redevelopment needs within the Business District, including paying or reimbursing Project costs ( "Business District Project Costs ") incurred for (1) site preparation, stormwater infrastructure and site remediation, (2) redevelopment of vacant, obsolete, ill- configured and underutilized parcels, (3) infrastructure and capital improvements, (4) new commercial development and (5) rehabilitation of existing buildings, and may issue obligations payable from or secured by revenues from the Business District to pay or cause to be paid such costs; and WHEREAS, the Corporate Authorities have reviewed the eligibility analysis contained in the Business District Plan, testimony from the Hearing, 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 blighting conditions existing in the proposed Business District and have reviewed the conditions pertaining to real property in the proposed Business District to determine whether the proposed Business District is a contiguous area which includes only parcels directly and substantially benefited by the proposed Business District Plan; and WHEREAS, the Corporate Authorities have reviewed the Business District Plan and also the existing comprehensive plan of the Village as a whole to determine whether the proposed Business District Plan conforms to the 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 Business District Act in such actions taken to date as above recited: 2 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 Business District 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 Business District is described in Exhibit B attached to this Ordinance and is incorporated herein as if set out in full by this reference. (b) The parcels of real property in the proposed Business District are contiguous, and only those parcels of real property directly and substantially benefited by the Business District Plan are included in the Business District. (c) The Business District qualifies as a "blighted area" pursuant to Section 11- 74.3 -5 of the Business District Act due to the predominant factor of deterioration of buildings and other improvements on 60% of parcels within the study area. The Business District suffers from the presence of improper subdivisions and obsolete platting, which impair access to public streets and hinder redevelopment. The existence of such blighting conditions constitutes an economic liability and an economic underutilization of the area and is detrimental to the public health, safety, morals and welfare. (d) The Business District as a whole has not been subject to growth and development through investment by private enterprises and would not reasonably be anticipated to be developed or redeveloped without the adoption of the Business District Plan. (e) The Business District Plan conforms to the comprehensive plan for the development of the Village as a whole. SECTION 3: Designation of Business District. The real estate, which is legally described in Exhibit A attached to and incorporated herein as if set out in full by this reference, is hereby designated a business district pursuant to the Business District Act and shall hereafter be known as the "Dempster Waukegan Business District ". The streets generally surrounding the Dempster Waukegan Business District are described (as near as practical) in Exhibit B attached to and incorporated herein as if set out in full by this reference. SECTION 4: Approval of Business District Plan. The Waukegan Dempster Business Redevelopment Plan, which was the subject of the Hearing, is hereby adopted and approved as the business district plan for the Waukegan Dempster Business District. A copy of the Waukegan 3 Dempster Business Redevelopment Plan, as adopted, is set forth in Exhibit C attached hereto and incorporated herein as if set out in full by this reference. SECTION 5: Issuance of Obligations. Obligations payable from and /or secured by revenues derived from the Business District may be used for financing Business District Financing Costs, SECTION 6: 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 7: 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 8: Supercedcr, Effective Date. All ordinances, resolutions, motions or orders in conflict herewith be, and the sane 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 10"' day of September 2012 Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS 10`h day of September 2012. ATTESTED and FILED in my office This 11 °i day of September 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 09 EXHIBIT A TO ORDINANCE 12 -28 LEGAL DESCRIPTION OF BUSINESS DISTRICT 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 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 DEM PSTER-WAU K EGAN 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 LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS 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 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 5 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 I NTERSECTION 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 THE NORTHEAST CORNER OF LOT 31 IN SAID FOREST VIEW SUBDIVISION, SAID NORTHEAST CORNER ALSO BEING A POINT ON THE SOUTH RIGHT -OF -WAY LINE OF A PUBLIC ALLEY; THENCE EASTERLY ALONG SAID SOUTH RIGHT - OF -WAY LINE TO THE NORTHWEST CORNER OF LOT 26 IN SAID FOREST VIEW SUBDIVISION; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 26 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 Or 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 N0, 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 4601N 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 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 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 Or 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. 6 EXHIBIT B TO ORDINANCE 12 -28 STREET LOCATION OF B USINESS DISTRICT The Business District 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. 7 EXHIBIT C TO ORDINANCE 12 -25 DEMPSTER WA UKEGAN BUSINESS DISTRICT REDEVELOPMENT PLAN ■ \: ƒ\ \\ � � 2 \ .\ \ > 2 \ \ \ 3 E txo � Q = \ M \ % ) E § \ \ { \: ƒ\ \\ � - > _ _ l' Y - _ _ - 3 •' - o-y Ll �- c v < r c a n, Z E Z E c 3 v �3L t c ° UJ s 0 z 0 �f �5 3 C C mZ ry O E � g a s 3 r c 'o c c N n 9 M v y n T E _ f �f �5 3 C C mZ ry O E � g a s 3 r c 'o c c N n 9 M v y n FW om / .N Q a W �t > c 3 — Cl _ a aj uj w m w c o m._ _ ., r n_ w p u¢ �. _ m m_ D u 0 v 0 v Ll ti v f ol •0 O D v0 _ _ _ _ 0 v 0 v q ° 3 q > I m o v 66 0 E 3 ❑ 3 q b - ___ _ u o O m E E Ll E - � O p c� E 3 O i p �i G c� Np _ymC pC� SL�e rte. 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''o e�� `o"E ov z _ N C i 0 z \\ LW ■ Introduced: Synopsis: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Second Reading: Special Consider or Requirements: Respectfully submitted: Legislative Summary Ordinance 12 -32 IMPOSING BUSINESS DISTRICT TAXES WITHIN THE DEMPSTER WAUKEGAN BUSINESS DISTRICT IN THE VILLAGE OF MORTON GROVE, ILLINOIS August 13, 2012 This ordinance will authorize the imposition and collection of a Business District Retailer Occupation Tax (sales tax) to be imposed on retail sales of certain items with the Business District at the rate of .25% of the gross receipts. Taxes will be collected and used for the cost related to the planning, execution, and implementation of the Business District Plan. As part of the process to create a Tax Increment Financing District, in the area that includes the Prairie View Shopping Center and certain other adjacent properties, Village staff and its consultants have proposed a Business District created pursuant to the Illinois Business District Development and Redevelopment law be considered for the same area. Creation of the Business District would allow the Village to impose and collect additional sales taxes within the area which can be used to improve the area and stimulate economic growth. This Ordinance allows for the imposition of a Business District Retailers Occupation Tax (sales tax) of one quarter of one percent (.25 %) which will be imposed and all retail sales within the Dempster Waukegan Business District created pursuant to Ordinance 12 -28 except for the sale of food which will be consumed off premises, prescription and nonprescription medication, medical appliances, modifications to a motor vehicle for purposes of rendering it useful to a disabled person, and diabetic supplies. Illinois law requires sales tax collected pursuant to this Ordinance be used only for purposes allowed by the Business District Act. The taxes shall be collected until the Business District is dissolved, which according to the Plan, is concurrent with the existence of the Dempster Waukegan Road TIF District. Administration and Legal Departments N/A N/A The Village Administrator and Corporation Counsel will oversee implementation of the Plan. Approval as presented The second reading will be September 10, 2012. Upon passage of this Act, the Village Clerk is directed to file a certified copy of the Ordinance with the Illinois- Denartment ofoRevenrne Administrator Prepared by: 1^ Teresa Hoffman Leis on, Corporation Counsel AN ORDINANCE IMPOSING BUSINESS DISTRICT TAXES WITHIN THE WAUKEGAN DEMPSTER BUSINESS DISTRICT IN THE VILLAGE OF MORTON GROVE, ILLINOIS WHEREAS, the Village of Morton Grove, Cook County, Illinois (the "Village ") 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 Iimited to the power to tax and incur debt; and WHEREAS, on September 10, 2012, the President and Board of Trustees of the Village (the °Corporate Authorities") adopted Ordinance 12 -28, which designated the Waukegan Dempster Business District (the Business District ") and approved the Waukegan Dempster Business Redevelopment Plan (the "Business District Plan "), pursuant to the Business District Development and Redevelopment Law, as amended, constituting Division 74.3 of Article 11 of the Illinois Municipal Code (as supplemented and amended, the "Business District Act "); and WHEREAS, it is desirable and for the best interests of the citizens of the Village for the Village to impose in the Business District (i) a business district retailers' occupation tax and (ii) a business district service occupation tax, pursuant to subsection (10) of Section 11- 74.3 -3 of the Business District Act (collectively, the "Business District Taxes "); and WHEREAS, in such Ordinance 12 -28, the Corporate Authorities made all findings required by the Business District Act, including a finding that the Business District qualifies as a "blighted area" pursuant to Section 11- 74.3 -5 of the Business District Act, which finding is a condition to imposing Business District Taxes, and the Village has otherwise complied with all other conditions precedent required by the Business District Act to the imposition of Business District Taxes: 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: 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: Business District Retailer's Occupation Tax. A tax is hereby imposed upon all persons engaged in the business of selling tangible personal property, other than an item of tangible personal property titled or registered with an agency of this State's government, at retail in the Business District at the rate of 114 of 1% of the gross receipts from such sales made in the course of such business while this Ordinance is in effect. SECTION 3: Business District Service Occupation Tax. A tax is hereby imposed upon all persons engaged in the Business District in the business of malting sales of service, who, as an incident to making those sales of service, transfer tangible personal property within the Business District, either in the form of tangible personal property or in the form of real estate as an incident to a sale of service, at the rate of 1/4 of I% of the selling price of all tangible personal property so transferred within the Business District. SECTION 4: Exemptions. The Business District Taxes imposed in Sections 2 and 3 of this Ordinance shall not be applicable to the sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption), prescription and non - prescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it useful by a disabled person, and insulin, urine testing materials, syringes and needles used by diabetics, for human use. SEC'T'ION 5: Compliance with Business District Act. The Business District Taxes imposed pursuant to Sections 2 and 3 of this Ordinance are imposed in accordance with and subject to the provisions of subsections (b) and (c), respectively, of Section 11- 74.3 -6 of the Business District Act (65 ILCS 5/11- 74.3 -6) and shall be for the planning, execution and implementation of the Business District Plan, and the revenues from such taxes shall be applied to the payment of the authorized expenditures of the Business District or to payment of bonds, notes or other obligations issued to fund such expenditures of the Business District. SECTION 6: Enforceanent. The Business District Taxes imposed pursuant to this Ordinance and all civil penalties that maybe assessed as an incident thereto, shall be collected and enforced by the Illinois Department of Revenue. The Illinois Department of Revenue shall have full power to administer and enforce the provisions of this Ordinance. SECTION 7: Filing With Department of Revenue. The Village Clerk is hereby directed to file a certified copy of this Ordinance with the Illinois Department of Revenue on or before October 1, 2012. The President, Village Clerk, Village Treasurer, Village Manager and Village Attorney of the Village are hereby authorized and directed to provide to the Illinois Department of Revenue such boundary and address information concerning the Business District as the Department shalt require under the Business District Act to provide for administration and enforcement of the Business District Taxes hereby imposed. 2 SECTIONS: 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 4: Superseder. All ordinances, resolutions, motions or orders in conflict herewith be, and the same hereby are, repealed to the extent of such conflict. SECTION 10: Effective Date. This Ordinance shall take effect on the first day of January next following the adoption and filing of this Ordinance with the Department of Revenue, if filed on or before the preceding October Ist. PASSED THIS 10`r day of September 2012 Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS 10`h day of September 2012 ATTESTED and FILED in my office This I 1 fn day of September, 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 3 Legislative Summary Resolution 12 -60 AUTHORIZING THE VILLAGE OF MORTON GROVE TO ACQUIRE PROPERTY COMMONLY KNOWN AS 8735 NARRAGANSETT, MORTON GROVE, ILLINOIS Introduced: Objective: Purpose: Background: Programs, Departments or Groups Affected: Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: Administrator Approval Prepared by: Teresa August 13, 2012 To authorize the purchase of property commonly known as 8735 Narragansett which is located within the Lehigh /Ferris'FIF District. This property will be land banked for future redevelopment. Since the creation of the Lehigh /Ferris TIF District in 2000, the Village has acquired mmnerous pieces of property for possible future development. The property located at 8735 Narragansett recently became available for purchase. As requested by the Village Board, Village staff has negotiated a contract with the owner for Village Board approval. The terms of the contract include: 1. The Purchase Price $109,000; 2. Closing on or before September 30, 2012. Funds for the purchase and acquisition of this property are contained in the 2012 Budget, in the Lehigh /Ferris TIF Fund. Finance Department, Village Administrator, Legal Department, Community and Economic Development S1091000 Funds have been budgeted in the Lehieh /Ferris TIF District Fund. Corporation Counsel will handle the closing of this transaction as part of her normal workload. Approval as presented. Not Required None pr e, Village Administrator e s' Reviewed by: % F` Corporation Counsel John D. Said, Community & Economic Development Director AUTHORIZING THE VILLAGE OF MORTON GROVE TO ACQUIRE PROPERTY COMMONLY KNOWN AS 8735 NARRAGANSETT, MORTON GROVE, ILLINOIS 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 property commonly known as 8735 Narragansett, Morton Grove, Illinois 60053 is located in the Lehigh/Ferris TIF Redevelopment District; and WHEREAS, to date, as part of the Lehigh /Ferris Redevelopment Plan, the Village has acquired and land banked certain properties for future redevelopment; and WHEREAS, it is in the best interest of the Village of Morton Grove to acquire the property commonly known as 8735 Narragansett, Morton Grove, Illinois 60053 to be land banked as stated above; and WHEREAS, the Village, in its 2012 budget, appropriated sufficient funds for the purchase and acquisition of properties; and WHEREAS, the cost to acquire this property shall be paid from the Village's Lehigh/Ferris TIF District Fund (general obligation bond); and WHEREAS, Village staff and the owner of the property have negotiated a "Contract" for the purchase of the property subject to the approval of the Village Board of Trustees; and WHEREAS, the terms of the contract include: The Purchase Price $109,000; 2. Closing on or before September 30, 2012. 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 herein thereby making the findings as hereinabove set forth. SECTION 2: The Village President and Village Clerk of the Village of Morton Grove are hereby authorized to execute a contract between the Village and Mr. Domenico Urso and Ms. Leonarda Urso for the purchase of property commonly known as 8735 Narragansett, Morton Grove, Illinois for the sum of $109,000 with a closing to occur on or about September 30, 2012, with additional terms and conditions in substantial conformity with the Contract which is attached hereto as Exhibit "A ". SECTION 3: The Village Administrator, Corporation Counsel and /or their designees are hereby authorized to prepare, execute, and deliver any documents or take any steps necessary to purchase said property pursuant to the contract. SECTION 4: This Resolution is an exercise of the home rule authority of the Village of Ml orton Grove and is intended to and, to the fullest extent allowed by the constitution of the State of Illinois, shall be construed as to supersede any contrary or conflicting state, county, or local rule or regulation. SECTION 5: This Resolution shall be in full force and effect from and after its passage, approval and publication according to law. PASSED this 13'h day of August 2012. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 13`x' day of August 20I2 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 14`h day of August 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois OF VACANT LAND LOCATED AT 8735 NARRAGANSETT, MORTON GROVE, ILLINOIS BETWEEN THE VILLAGE OF MORTON GROVE The VILLAGE OF MORTON GROVE, a municipal corporation and a home rule unit of government located in Cook County, Illinois ( "Village ") hereby agrees to purchase and Domenico and Leonarda Urso ( "Seller ") hereby agrees to sell that property commonly known as 8735 Narragansett, Morton Grove, Illinois and legally described in Exhibit A and all improvements thereon ( "the real estate ") pursuant to the following terms and conditions: PURCHASE PRICE: The Village shall pay Seller the sum of one hundred nine thousand dollars ($109,000) to be paid as follows: a. Payment at Closing. The balance of the purchase price or customary credits and prorations including tax prorations, and unpaid utilities shall be paid in good funds at Closing. 2. CLOSING: The Closing shall take place on or before September 30, 2012, at a muturally acceptable location. 3. CONTINGENCY PERIOD AND INSPECTIONS. a. The Seller shall make available to Village for Village's inspection, copies of all contracts, surveys, environmental reports, soils tests, maps and plats for the subject property in its possession and control within ten (10) business days after the date the contract is executed. b. The Village and its agents shall have until 5:00 PM on August 31, 2012, (the "Contingency Period ") to conduct, at Village's sole cost and expense and subject to the terms hereof, its "Inspection" of the Subject Property which may include without limitation physical inspections, asbestos sampling, surveys, soils tests, site analyses, engineering studies, environmental studies, and investigations and appraisals. C. The Village may terminate this Contract for any reason during the contingency period and in such event, the Earnest Money if any (and any interest earned thereon) shall be returned to Village. d. Seller represents and warrants the real estate shall be vacant and free of any tenancies at closing. 4. TAX PRORATIONS: The Seller shall be responsible for the payment of all real estate taxes prior to closing. The Seller shall pay all of the 2011 real estate taxes at or prior to the closing. The 2012 real estate taxes shall be prorated through the date of closing at Contract for the Purchase of 8735 Narragansett Page 2 of 5 120% of the 2012 tax bill and shall be re- prorated when the 2011 second installment tax bill is available. 5. TITLE: At Seller's expense, Seller will deliver or cause to be delivered to the Village within five (5) days in advance of Closing, as evidence of title in Seller, a title commitment for an ALTA title insurance policy in the amount of the Purchase Price with extended coverage by a title company mutually acceptable to the parties issued on or subsequent to the Date of Acceptance of this Contract, subject only to items listed in Paragraph 7. The parties understand and agree the Seller's attorney shall order title insurance through a company acceptable to the Village. The parties shall each pay their respective usual and customary share of any requested additional title charges and the parties shall equally pay for any closing escrow incurred as a result of this transaction. If the title commitment discloses any exceptions not acceptable to the Village, then Seller shall have said exceptions or encroachments removed, or, with the Village's approval, have the title insurer commit to insure against loss or damage that may be caused by such exceptions or encroachments. If Seller fails to have unpermitted exceptions waived or title insured over prior to Closing, Village may elect to take the title as it then is, with the right to deduct from the Purchase Price prior encumbrances of a definite or ascertainable amount as shall be reasonably agreed to by the parties. Seller shall furnish Village at Closing an Affidavit of Title covering the date of Closing, and shall sign any other customary forms required for issuance of an ALTA Insurance Policy. 6. SURVEY. Within seven (7) days prior to closing, Seller shall furnish a staked ALTA survey dated within ninety (90) days of closing showing all boundaries, rights of way, easements, and set back lines and evidencing that the property is free of all encroachments. 7. DEED: Seller shall convey or cause to be conveyed to the Village good and merchantable title to the Real Estate by recordable Warranty Deed subject only to: general real estate taxes not due and payable at the time of Closing, covenants, conditions, and restrictions of record, building lines and easements, applicable zoning and building laws, ordinances, restrictions and acts suffered or done by the Village if any, so long as they do not interfere with the current use and enjoyment of the real estate. 8. POSSESSION: At closing, the Seller shall surrender the property. 9. SELLER REPRESENTATIONS: Seller represents they have not received written notice from any Governmental body of (a) zoning, building, fire or health code violations that have not been corrected; (b) any pending rezoning; or (c) a proposed or confirmed special assessment and /or special service area affecting the Real Estate. Seller further represents that Seller has no knowledge of boundary line disputes, easements or claims of easement not shown by the public records, any hazardous waste on the Real Estate or any improvements for which the required permits were not obtained. Contract for the Purchase of 8735 Narragansett Page 3 of 5 10. MAINTENANCE OF PROPERTY: Prior to the sale, the property shall be maintained in the same condition as found on the date of the contract. 11. DEFAULT: Seller shall be responsible for all damages, reasonable costs and expenses including attorney's fees due to the failure of the Seller to comply with the terms of this Contract. The Village shall be responsible for all damages, reasonable costs and expenses, including attorney's fees incurred by the Seller, in excess of any earnest money retained by Seller due the failure of the Village to comply with the terms of this Contract. 12. NOTICE: All notices required shall be in writing and shall be delivered by personal delivery, by certified mail, return receipt requested which shall be effective on the date of mailing; or by sending facsimile transmission which shall be effective as of date and time of facsimile transmission, provided that the notice transmitted shall be sent on business days during business hours (9:00 A.M. to 5:00 P.M. Chicago time). In the event fax notice is transmitted during non- business hours, the effective date and time of notice is the first hour of the first business day after transmission. Notices to the Seller shall be addressed to Seller's attorney: , sellers' attorney, at Notices to the Village shall be addressed to Teresa Hoffman Liston, Corporation Counsel, 6101 Capulina Avenue, Morton Grove, Illinois 60053, fax: 847 - 965 -4162. 13. MISCELLANEOUS: a. Time is of the essence of this Contract. b. The Seller shall pay for all County, State and Municipal transfer taxes to the extent required by law. C. All disputes related to the construction or enforcement of these terms and provisions shall be governed by the laws of the State of Illinois and are subject to the covenant of good faith and fair dealing implied in all Illinois contracts. d. The terms of this contract and all related negotiations shall be kept confidential to the extent allowed by law until this transaction has closed. e. The parties agree to comply with the reporting requirements of the applicable sections of the Internal Revenue Code and the Real Estate Settlement Procedures Act of 1974, as amended. This Contract has been executed as of "Seller" DOMENICO & LEONARDA URSO Name: Domenico Urso Title: property owner 9M Name: Leonarda Urso Title: property owner Attest: By: Name: Title: Contract for the Purchase of 8735 Narragansett Page 4 of 5 2012 (the Contract date ). "Buyer" VILLAGE OF MORTON GROVE, ILLINOIS By: Name: Daniel J. Staackmann Title: Village President Attest: By: Name: Tony S. Kaloaerakos Title: Village Clerk Contract for the Purchase of 8735 Narragansett Page 5 of 5 Auff 3 PIN Numbers 10 -20- 100 - 008 -0000 Legal Description of 8735 Narragansett Avenue Lot 23 in Lumpp's Subdivision of the North 366.17 feet of lot 3 in Henning's Subdivision of Lots 42 and 43 together with the North 16 feet of Lot 44 in the County Clerk's Division of Section 20, and the Northeast quarter of Section 19, Township 41 North, Range 13 East of the Third Principal Meridian, lying East of Lincoln Avenue and the Chicago, Milwaukee and St. Paul Railroad (excepting therefrom the North 100.17 feet of the East 85 feet of said Lot 3 in Henning's Subdivision) in Cook County, Illinois AMENDING TITLE 55 CHAPTER 13, ARTICLE A -3, ENTITLED TRAFFIC SCHEDULES OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE Introduced: July 9. 2012 Synopsis: To amend Title 5, Chapter 13, Article A -3, entitled Traffic Schedules of the Village Municipal Code i Purpose: i To establish three -way stop controls on Lincoln Avenue at the entrance to the Forest Preserve District of Cook County's Saint Paul Groves. Background: During construction of the Homestead Development it became apparent that site issues existed for vehicular traffic traveling along Lincoln Avenue at the Forest Preserve entrance. As a precaution, warning and hidden driveway signs were installed. However, after the installation of landscaping at the Homestead development, the site issues have became more severe. In order to remedy a potentially dangerous situation, staff is recommending the installation of a three -way stop at the location. Programs, Departs Public Works & Police Department. or Groups Affected Fiscal Impact: The estimated cost for the new signs is approximately $100. Source of Funds: General Fund - Account No.: 025017- 563130. i Workload Impact: The Public Works Department, as part of their normal work activities, will install the Stop signs. Administrator's Approval as presented. Recommendation: Second Reading: j Required — August t3, 2012 Special Consider or None Requirements: Respectfully submitted: -- *nJ , e Ad ministrator Prepared by: !Z Reviewed by: C� A De Monte, Director of Public Works I eresa)-I an Liston, Corporation Counsel i' AMENDING TITLE 5, CHAPTER 13, ARTICLE A -3, ENTITLED TRAFFIC SCHEDULES 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, after construction of the Homestead Development it became apparent that line of site issues existed for vehicular traffic traveling Lincoln Avenue at the Forest Preserves Saint Paul Woods entrance; and WHEREAS, in an attempt to remedy the situation caution and hidden driveway signs were installed; and WHEREAS, after the installation of landscaping at the Homestead Development, line of site issues have become more severe: and WHEREAS, staff in an attempt to remedy a potentially dangerous situation is recommending the installation of a three way stop at the Saint Paut Forest Preserve entrance; and WHEREAS, the Chairman of the Traffic Safety Commission has been contacted for his concurrence with staff s recommendation. 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 5, Chapter I3, Article A -' of the Municipal Code is hereby amended to add the following three way stop intersection: Street at its Intersection With Lincoln Avenue Cook County Forest Preserves St Paul Entrance SECTION 3: The Director of Public Works is authorized and directed to take such action necessary to install and maintain the above mentioned signs as directed by the Village President. SECTION 4: This Ordinance shall be in full force and effect from and upon its passage and approval. PASSED this 13 °i day of August 2012. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS IP DAY of August 2012 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 14`" DAY of August 2012 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois L,e2islative Summary Resolution 12 -61 AUTHORIZING THE PURCHASE OF GASOLINE AND DIESEL FUEL FROM PALATINE OIL COMPANY, INC. THROUGH THE SUBURBAN PURCHASING COOPERATIVE Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: Respectfully submitted: August 13, 2012 This resolution will authorize the Public Works Department to purchase fuel from Palatine Oil Company, Inc., 900 National Parkway, Suite 260, Schaumburg, Illinois, 60173 as bid through the Suburban Purchasing Cooperative for the period of June 6, 2012 to June 5, 2013. This resolution is necessary in order to take advantage of the combined purchasing power of the 134 members of the Suburban Purchasing Cooperative for the purchase of gasoline and diesel fuel. The Northwest Municipal Conference through its Suburban Purchasing Cooperative (SPQ routinely solicits bids for the purchase of fuel and other supplies. A bid opening was held on May 14, 2012, in the Conference Offices for the purchase of gasoline and diesel fuel with the low bidder being the Palatine Oil Company Inc. Public Works, Police, Fire and Finance Departments Budget Funds have been approved for the calendar year 2012 in the amount of $300,076, accounted for in account numbers 405033 - 561110, 025027 - 561110, 024015 - 554169, and 023014- 554169. General Fund and Enterprise Fund. The implementation of this program is done as part of the normal operations of the Public Works and Finance Departments. Approval as presented. Not required. Passage of this resolution will commit the Village to the purchase of fuel from Palatine Oil Company Inc. into June 2013. The majority ofNWMC communities are on a fiscal year cycle running from Mayl to the end of Reviewed By: Administrator Aonte, Public Works Director Prepared by: G' Reviewed by: Pau obit. ublic Vorks Street Superintendent Teresa Corporation Counsel • i. j AUTHORIZING THE PURCHASE OF GASOLINE AND DIESEL FUEL FROM PALATINE OIL COMPANY, INC. THROUGH THE SUBURBAN PURCHASING COOPERATIVE 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, Village of Morton Grove Departments routinely fuel Village owned vehicles at the re- fueling station located at the Public Works Facility, 7840 Nagle; and WHEREAS, in order to reduce the cost of purchasing gasoline and diesel fuel, the Village participates in the Joint Purchasing Program offered by the Northwest Municipal Conference in which gasoline and diesel fuel is competitively bid for multiple communities; and WHEREAS, the Northwest Municipal Conference solicited bids with three vendors receiving bid packets, holding a bid opening on May 14, 2012, at the NWMC offices located at 1616 East Golf Road, Des Plaines Illinois, with a total of three qualified bids received, Palatine Oil Co. Inc., and Gas Depot Company, and Texor Petroleum Company; and WHEREAS, the low bidder for the June 2012 Joint Purchasing Program for the purchase of gasoline and diesel fuel is the Palatine Oil Company Inc. located at 900 National Parkway, Suite 260, Schaumburg, Illinois 60173 with the NWMC staff performing reference checks which were found to be positive; and WHEREAS, the Village Board approved the Village of Morton Grove 2012 Budget which included account numbers 025027 - 561110, 405033 - 561110, 023014 - 554169, and 024015- 554169, for the purchase of gasoline and diesel fuel for use in Village owned vehicles in the amount of $300,076 for the period covering June 6, 2012 to June 5, 2013. 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: That only those vendors listed and described on the bid documents and contract for the purchase of gasoline and diesel fuel are approved in connection with this Resolution, and are eligible for payment utilizing General and Enterprise Funds. SECTION 3: The Director of Public Works is authorized to purchase gasoline and diesel fuel through Palatine Oil Company Inc., located at 900 National Parkway, Suite 260, Schaumburg, Illinois 60173 for use in Village owned vehicles. SECTION 4: That this Resolution shall be in full force and effect from and upon its passage and approval. PASSED THIS 13t" DAY OF AUGUST 2012. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS 13`s DAY OF AUGUST 2012. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 14th day of AUGUST 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois The Suburban Purchasing Cooperative, a Northern Illinois, is pleased to announce Schaumburg, IL to provide Gasoline (87, Diesel Fuel. Every municipality and g, participate in this program, cooperative of 134 municipalities in the six county area of the award of a one -year contract to Palatine Oil Co., Inc., 89 & 92 Octane), Diesel Fuel, Ethanol 75 & 85 and B2 Bio wernment agency in the State of Illinois is authorized to The SPC Contract 4126 to provide Gasoline (87, 89 & 92 Octane), Diesel Fuel, Ethanol 75 & 85 and B2 Bio Diesel Fuel is effective from June 6, 2012 through June 5, 2013. The SPC reserves the right to extend these contracts for up to three (3) additional one -year terms upon mutual agreement of both the vendor and the SPC on a negotiated basis. Please review the attached price list, which is based on OIL PRICE INFORMATION SERVICE (OPTS) LOW published price per gallon dated May 14, 2012, plus or minus the bidder's profit /overhead ( "contractor mark -up "). The OP1S newsletter is published on Monday of each week and shall be the reference price for deliveries made from Monday through Sunday of each week. The price per gallon will be based on the low posted for the day of delivery. The mark -up amount will remain firm throughout the term of the contract. Palatine Oil requires new customers to complete the attached Credit Applications. For additional information, or to set up your agency as a Palatine Oil customer, please contact Bob Johnson, Senior Petroleum Consultant at 847 -358 -3600, 815- 355 -7012 (cell), or bjohnson(a)nalatineoiLcom. Thank you for considering the Suburban Purchasin r Cooperative for your fuel needs. Please feel free to contact your designated SPC Representative with any questions or comments you may have regarding this program. Palatine Oil Co., Inc. 900 National Parkway, Suite 260 Schaumburg, IL 601173 PHONE, (847) 358 -3600 CELL: (815) 355 -7012 FAX: (847) 358 -5904 Contact Person: Bob Johnson, Senior Petroleum Consultant �ohnson(a)palatineoil.com Du Page Mayors & Managers Conference 1220 Oak Brook Road Oalo Brook. IL 60523 Suzette Ouhuell Phone: (630) 571 -0480 Fax: (630) 571 -0484 Northwest Municipal Conference 1616 Gast Golf Road Des Plaines, IL 60016 Ellen Davan Phone: (847) 296 -9200 Fax: (847) 296 -9207 South Suburban Mayors And Managers Association 1904 West 174 ' Street East Hazel Crest. IL 60429 Ed Paesel Phone: (708) 206 -1155 Fax: (708) 206 -1133 Will County Governmental League 3180 Theodore Street, Suite 101 Joliet, IL 60435 Cherie Belom Phone: (81-5) 729 -3535 Fax: (815) 729 -3536 ill Ordinance 12 -29 AMENDING TITLE 7, CHAPTER 1, ARTICLE 15 -B & D, ENTITLED STREETS AND PUBLIC WAYS OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE Introduced: August 13, 2012 Synopsis: To amend Title 7, Chapter 1, Article 15 -B & D, entitled Streets and Public Ways of the Municipal Code of the Village of Morton Grove. Purpose: To update the existing Municipal Code to meet current fees, standards and policies. Background: In 2004 the Public Works Department formulated a policy which disallowed the use of any materials on driveway aprons in the public rights-of-ways other than concrete (none dyed or stamped) and hot mix asphalt (none dyed or stamped). The cost and coordination of replacement to the Village after a utility repair or street resurfacing with any other materials such as brick pavers, cobble stones or stamped or dyed material is cost prohibitive. An ordinance instead of a policy also allows for clearer and precise direction and enforcement. Additionally, current fee structure is outdated and needs to be increased from $10.00 to $50.00 to reflect actual costs for a right -of -way permit. Programs, Departs Public Works & Building Department or Groups Affected Fiscal Impact: NA Source of Funds: NA Workload Impact: Minimal Administrator's Approval as presented. Recommendation: Second Reading: Required — September 10, 2012 Special Consider or None Requirements: j T . Respectfully submitted: Ryas J. Horne, illage Administrator Prepared by: Reviewed by: v De Monte, Director of Public Works Teresa 1-.Yoffman Liston, Corporation Counsel AMENDING TITLE 7, CHAPTER 1, ARTICLE 15 -B & D, ENTITLED STREETS AND PUBLIC WAYS 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 continuously reviews and, as it deems necessary, updates existing Municipal Codes to assure they are kept current and relevant; and WHEREAS, as part of the review process, Title 7, Chapter 1, Section 15 entitled, "Driveways" has been reviewed with subsection `B" and "D" in need of updating to reference the current Village policy; 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, 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: Title 7, Chapter 1, Section 15 entitled " DRIVEWAYS" subsection B entitled "FEE" and D entitled "SPECIFICATIONS" of the Municipal Code are hereby amended to read as follows: 7 -1 -15: DRIVEWAYS B. Fee: The fee for all right -of -way permits shall be fifty dollars ($50.00). D. Specifications: Driveways on Village owned right -of -ways commonly referred to as aprons; shall only be constructed of concrete (not stamped or dyed) and hot mix asphalt (not stamped or dyed). No other materials, including but not limited to, cobble stones, brick pavers, stamped and /or dyed materials, or other similarly unique or decorative materials will be allowed in the Village's right -of -ways. Existing aprons constructed of any other materials when removed for any reason can and will only be replaced with concrete (not stamped or dyed) or hot mix asphalt (not stamped or dyed). SECTION 3: This Ordinance shall be in full force and effect from and upon its passage and approval. PASSED this 10th day of September 2012. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS 10th DAY OF SEPTEMBER 2012 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 11th DAY OF SEPTEMBER 2012 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 12 -62 AUTHORIZING THE EXECUTION OF A CONTRACT WITH ARROW ROAD CONSTRUCTION COMPANY FOR THE 2012 STREET PATCHING PROGRAM Introduced: August 13, 2012 Synopsis: To authorize the Village President to execute a contract with Arrow Road Construction Company for the 2012 Street Patching Program. Purpose: The 2012 Street Patching Program is necessary to maintain the quality, drainage, and drivability of the streets in the Village. The current program includes constructing isolated asphalt surface patches at locations shown on the attached Exhibit "A ". Background: i This contract was bid through a public process in which the contract was advertised and sealed bids were received. Nine bid packages were obtained and four bids were submitted (bid tabulation attached). Arrow Road Construction Company of Mi. Prospect, Illinois was determined to be the lowest responsible bidder. Arrow's qualifications and availability were verified. The proposal price exceeds the budgeted amount by $29,360. There is surplus funding available in the Capital Projects Fund. Village staff has recommended the bid of Arrow Road Construction Company in the amount of $119,360.00 be accepted. Programs, Departments Public Works, Engineering Division or Groups Affected Fiscal Impact: The estimated contract value $119,360. Since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Source of Funds: 2012 Capital Projects Fund (Account 9305060 - 553300) Workload Impact: f The Public Works Department, Engineering Division, as part of their normal work 1 activities, performs the management and implementation of the program. Administrator Recommend: Approval as presented. Second Reading: N/A Special Considerations or None Requirements: ,�/ _ If Respectfully submitted: '-�, —_.__ Reviewed by ,/'��' �� Rvd4J.Ho Ime, Village Administrator Teresa Hoffman Listod; *poration Counsel Prepared by: ��-- -- Reviewed by: r- i Chris Tomieh, Village Engineer Ondy DeMonte, Director of Public Works AUTHORIZATION TO EXECUTE A CONTRACT WITH ARROW ROAD CONSTRUCTION COMPANY FOR THE 2012 STREET PATCHING 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 o 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 Street Patching Program is necessary in order to maintain the Village's infrastructure; and WHEREAS, the work will be completed on various streets within the Village; and WHEREAS, the Public Works Department advertised in the Juiy 12, 2012, issue of the Pioneer Press Newspaper inviting bids on the "2012 Street Patching Program"; and WHEREAS, the bidding procedures comply with purchasing requirements of Municipal Code Title 1, Chapter 9, Article A, Section 2; and WHEREAS, the terms of this contract will comply with the Illinois Prevailing Wage Act; and WHEREAS, nine bid packages were purchased or downloaded; and WHEREAS, four bids were received, publicly opened and read at the Public Works Facility at 10:00 a.m. on Tuesday, July 31, 2012, with the corrected bid results as follows: Contractor Total Arrow Road Construction Company $119,360.00 Schroeder Asphalt Services, Inc. $124,435.00 A Lamp Concrete Contractors, Inc. $139,700.00 Peter Baker and Son Company $153,510.00 ; and WHEREAS, the low bidder is Arrow Road Construction Company of Mt. Prospect, Illinois; and WHEREAS, the qualifications and availability of the low bidder have been verified; and WHEREAS, the low bid of Arrow Road Construction Company is $29,360 more than the budgeted amount; and WHEREAS, the 2012 Adopted Budget contains an allocation of $90,000 in the Capital Projects Fund Account 305060- 553300;and WHEREAS, the 2012 Adopted Budget contains an allocation of $4,263,000 in the Capital Projects Fund: and WHEREAS, Village staff estimates the amount of obligated funds in the Capital Projects Fund to be less than $3,900,000; and WHEREAS, the Capital Projects fund has the sufficient surplus to cover the unbudgeted balance of estimated cost for the construction services. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1. The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2. The Corporate Authorities accept the bid of Arrow Road Construction Company in the amount of $1.19,360.00. SECTION 3. The Village President of the Village of Morton Grove is hereby authorized to execute and the Village Clerk to attest to a contract with Arrow Road Construction Company, based upon their bid for the 2012 Street Patching Program in the amount of $119.360.00. SECTION 4. The Village Administrator, Director of Public Works and Village Engineer and their designees are hereby authorized to take all steps necessary to oversee, implement this contract. SECTION 5, This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 13T" DAY OF AUGUST 2012 Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS 13 r'-' DAY OF AUGUST 2012 Daniel J. Staaekmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 14T" DAY OF AUGUST Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois \} �z« o \w \ \ c, \}�G\ / } \2 Legislative Summary Resolution I2 -63 — AUTHORIZATION TO EXECUTE A CONTRACT WITH HAYES MECHANICAL FOR THE MAINTENANCE OF HEATING AND AIR CONDITIONING EQUIPMENT Introduced: Objective: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: Horne, illage Administrator Respectfully submitted: Ryan J. August 13, 2012 To secure a contract extension for the maintenance of HAVC equipment at various Village owed buildings. The purpose of extending the contract is to assure the efficient operation of heating and cooling equipment in all Village owned buildings. On July 1, 2011, the Village transferred the contract to Hayes Mechanical after the original contract awardees, International Piping, went out of Business. Hayes Mechanical was willing to honor all the terms and conditions of the original contract that is soon to expire on September 1, 2012. Staff would like to extend the agreement for an additional term of one ( I ) year, thereby extending the expiration date to August 31, 2013. All Village Departments. Pricing Change from $1,824 per month to $1,902 per month reflects the addition of the Steris /Isomedix building to the contract. All other pricing remains the same as budgeted. General Fund The implementation of this service is done as part of the normal operations of the Public Works and Finance Departments. Approval as presented. Not required. None. Reviewed by: Teres Prepared by: r n C,�1 , r, Reviewed by: Allen Le Hew, Maintenance Supervisor J Counsel Assist Dir of Public Works AUTHORIZATION TO EXECUTE A CONTRACT WITH HAVES MECHANICAL, FOR MAINTENACE OF HEATING AND AIR CONDITIONING EQUIPMENT WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is ahome rulc unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, on July 1, 2011 the Village transferred the contract for the maintenance of all Village owned heating and air conditioning equipment to Hayes Mechanical of Chicago Illinois, after the original contract awardees International Piping systems went out of business; and WHEREAS, Hayes Mechanical has agreed to provide said services until September 1, 2012, and honor the original terms and conditions of the International Piping System contract; and WHEREAS, the qualifications and availability of the vendor have been verified; and WHEREAS, Hayes Mechanical is willing to extend the agreement for an additional term of one (1) year honoring the agreement price of the original contract. WHEREAS, a pricing adjustment of $936.00 dollars per year reflects the Village's request to add the Steris /Isomedix building to the maintenance contract and extending the contract beginning with the effective date of September 1, 2012 to August 31, 2013, NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, AND ILLINOIS AS FOLLOWS: Section 1. The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. Section 2. Only those companies listed and described on this Resolution for the maintenance of heating and air conditioning equipment be approved in this Resolution. Section 3. The Public Works Director of the Village of Morton Grove is hereby authorized to execute a contract with Hayes Mechanical 5959 South Harlem Avenue, Chicago Illinois 60638. Section 4. This Resolution shall be in full force and effect upon its passage and approval. PASSED this 13 °i day of August 2012. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 13°i day of August 20121 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 14`" day of August 2012. Tony S. Kaiogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Proposal Date: Agreement Number: Customer: Contact: Phone: Pax:. July 19, 2012 8317 -0000 Village of Morton Grove 7840 N. Nagle Morton grove, IL 60053 Mr. Andy DeMonte 847 - 470.5235 847 -965 -9511 Site Address: Various 6101 Capulina Ave., 6250 Lincoln Ave., 7840 N. Nagle, 6140 Dempster St., 6250 Lincoln Ave., 8954 Shermer Ave., 7630 N. Nagle, Water /Sewer Building (NEW) Coverage Full Service & Preventive Maintenance: This agreement includes the necessary labor to maintain the mechanical equipment on the attached schedule. Also included are repair parts, repair labor tat normal business hours) and 247 emergency services subject to the attached Terms and Conditions. 24 Hour Service: Hayes Mechanical will provide emergency service 24 hours a day, 7 days a week to reduce the costs and disruptions of downtime when unexpected problems occur. The cost for emergency service is not included within the scope of this agreement. The Manager on Duty, a full time Hayes Mechanical employee, can dispatch service personnel to provide emergency service. This priority service is standard for our contract customers. Non-emergency calls, as determined by the customer and Hayes Mechanical., can be incorporated into the next scheduled preventive maintenance visit. Preventive Maintenance will be performed (4) times per year on the full service equipment and (2) times per year on the preventative maintenance equipment as per the Village of Morton Grove Bid # 24- 3- (2009) System air filters will be supplied and changed by Hayes Mechanical up to (4) times per year as needed. System belts will be supplied and changed by Hayes Mechanical up to (1) time per year as needed. Agreement price includes power washing of outdoor condenser coils as needed. 24 -Hour Service a Phone; 773.784 -0000 • Fax: 773 -784 -0010 A FULL SERVICE PROVIDER • AN EQUAL OPPORTUNITY EMPLOYER HAYESffiE—, At IcA v This agreement does not include boilermaker /waterside boiler work. This service is available and will be quoted as an extra on an as needed basis for approval prior to proceeding. .� ADDENDUM includes the addition of the new Water /Sewer Building located at 7840 Nagle Ave. This program has been created to provide the Customer with an ongoing, comprehensive maintenance program. The Customer is informed of the program's progress and results on a continuing basis via detailed Work Order Tickets, presented after each service call for Customer's review, approval signature and record. Agreement Term The initial term of this agreement is one 11) year. This agreement shall not automatically renew. Should either party wish to engage in additional term, either party may request a proposal to extend the agreement for an additional term by written notice to the other party (30) days prior to the expiration of the initial term. Compensation The Agreement price is $ 22,824.00 per year payable $ 1,902.00 pe month beginning of the effective date of September 1, 2012 to August 31, 2013. All billable work outside of this agreement will be invoiced at $ 116.00 per hour for standard time work. Overtime and double time rates will apply accordingly. Ciaritying Comments This proposal is the proprietary property of Hayes Mechanical and is provided for Customer's use only. This proposal is valid only for 30 days from proposal date above. This Agreement including the attached Terms & Conditions, together with the Equipment Schedule attached hereto constitute the entire agreement of the parties hereto and supersedes and rescinds any and all prior understandings between the parties either written or oral. Neither this Agreement nor any part hereof shall be changed, modified, amended of altered except in writing signed by both parties Accepted by Customer: Hayes Mechanical Name: Andy DeMonte Signature: Title: Public Works Director Date: August 14, 2012 Fume: Michael L. Smith Signatur Title: Account Representative Date: July 19, 2012 Legislative Summary Ordinance 12 -26 GRANTING A SPECIAL USE PERMIT TO ALLOW A MARTIAL ARTS SCHOOL (OVER 1000 SQ FT) AT THE PROPERTY LOCATED AT 6103 DEMPSTER Introduced Synopsis: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Second Reading: Special Consider or Requirements: July 4, 2012 This ordinance will grant a special use permit to allow a martial arts school of over 1000 sq ft to operate at the property located at 6103 Dempster, Morton Grove. This property is located in the C -I General Commercial District. Martial arts schools over I,000 sq ft are allowed in that district only pursuant to a special use permit (such uses under 1,000 sq ft are allowed as permitted uses). The applicant, Sinai Lee, applied for a special use permit to operate a martial arts school of over 1,000 sq ft at 6103 Dempster. A public hearing was held regarding this request before the Village of Morton Grove Plan Commission on June 18, 2012. Village staff had no major concerns with the case and no interested or concerned party spoke regarding this matter. The Plan Commission recommended, subject to certain special conditions including parking, a traffic study, and compliance with the Village's fire safety ordinances, the Village Board grant the special use to allow at 6103 Dempster a martial arts school of over 1,000 sq ft. Building and Inspectional Services, Community and Economic Development Department, and the Engineering Division of Public Works N/A N/A The special use application was processed by the Director of Community Development, and Village Engineer, pursuant to the normal course of business. Approval as presented August 13, 2012, Required None r Submitted b I Y� l���i Reviewed byJ. Horne, Village Administrator Teresa Hoffman Prepared by: S✓i` John D. Said, Community and Economic Development Director Counsel AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW A MARTIAL ARTS SCHOOL OF OVER 1,000 SQ FT AT THE PROPERTY LOCATED AT 6103 DEMPSTER, MORTON GROVE, ILLINOIS WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the applicant, Sinai Lee, 10361 Dearlove Road #10, Glenview, Illinois 60025, has made a proper application to the Plan Commission in the Village of Morton Grove under case number PC 12-05 requesting the approval of a special use permit to operate a martial arts school of over 1,000 sq ft at the property commonly known as 6103 Dempster, Morton Grove, Illinois 60053; and WHEREAS, the property is located in the C -1 General Commercial District; and WHEREAS, Section 12 -4 -31) of the Village of Morton Grove Unified Development Code allows martial arts schools of over 1,000 sq ft as special uses in the C -2 General Commercial District; and WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public notice duly published in the Morton Grove ChaMLjon, a newspaper of general circulation in the Village of Morton Grove which publication took place on May 31, 2012, and pursuant to the posting of a sign on the property and written notification sent to property owners within 250 feet of the subject property as required by ordinance, the Morton Grove Plan Commission held a public hearing relative to the above referenced case on June 20, 2011, at which time all concerned parties were given the opportunity to be present and express their views for the consideration of the Plan Commission, and as result of said hearing, the Plan Commission made certain recommendations and conditions through a report dated June 21, 2012, a copy of which is attached hereto and made a part hereof and marked as tx "A "; and WHEREAS, the Corporate Authorities have considered this matter at a Public Meeting and find pursuant to the relevant provisions of the Village of 'Morton Grove Unified Development Code, that the proposed Special Use Amendment is so designed, located, and proposed to be operated that the public health, safety and welfare will be protected and will not cause substantial injury to the value of the other properties in the neighborhood in which it is Iocated; and WHEREAS, pursuant to the provisions of the Village of Morton Grove Municipal Code, the Corporate Authorities have determined the Special Use Amendment as approved by the Plan Commission shall be issued subject to the conditions and restrictions as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth: SECTION 2: The property located at 6103 Dempster, Morton Grove, Illinois 60053, is hereby granted a special use permit to allow a martial arts school to be located and operated at that address subject to the following conditions and restrictions which shall be binding on the owners /lessees, occupants and users of this property, their successors and assigns for the duration of the special use: The school shall adhere to all applicable Fire and Building Code requirements. 2. All employees shall park in the rear parking area of the building. Prior to issuance of any permit, the applicant shall be required to obtain the Village Engineer's approval regarding the requested traffic study. SECTION 3: The owners, lessees, occupants, and users of 6103 Dempster, their successors and assigns allow employees and authorized agents of the Village of Morton Grove access to the premise at all reasonable times for the purpose of inspecting said premise to verify all terms and conditions of this special use pen-nit have been met. SECTION 4: The special use permit is granted so long as the owner, occupant and users of this property utilize the area for the purposes as herein designated. SECTION 5: The Village Clerk is hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to show and designate the special use as granted and amended hereunder. SECTION 6: The Applicant/Owner shall comply with all requirements of the Village of Morton Grove Ordinances and Codes that are applicable. SECTION 7: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 13 "' day of August 2012. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Great Marcus Thill Toth APPROVED by me this 13 "' day of August 2012. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office This 13t" day of August 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois To: Village President and ward of Trustees l From: Ronald L. Farkas, Chairman, Plan Commission/ Date: June 21, 2012 � Re: Plan Commission Case PC12 -05; request for Special Ilse for a Partial darts School (over 1000 square feet) at 6103 IRS, Dempster Commission Rem Public Notice was provided for the public hearing for this request in accordance with applicable requirements. A public notice was published in the local newspaper (Morton Grove Champion) on May 31, 2012. A public notice sign was posted on the site on .tune 4, 2011, and notification letters were sent to surrounding properties on May 31, 2012. On June 18, 2012, a public hearing was conducted by the Morton Grove Plan Commission after notice for this public hearing was duly provided, as noted above, for Plan Commission case PC 12- 05. PC 12 -05 consists of a request by applicant Sinai Lee /North Shore Martial Arts for a Special Use to allow a martial arts school (of over lODO square feet) in the Cl General Commercial District. Director of Community Development and Village Planner John D. Said introduced the case on behalf of the Village. He reviewed details of the request, including the proposed business, site, and operations. The subject site is a strip center on the south. side of Dempster containing several tenant spaces located between School Street and Austin Ave. The applicant (North Shore Martial Arts) proposes to renovate the existing tenant space for a martial arts school, which will have a variety of classes during the day and evenings. The subject tenant space is approximately 1650 square feet (33' xx 50�. The space is within a +/- 11,g00 square foot multi- tenant building that contains other commercial uses, such as a rental car office and a medical office. There are also some vacant tenant spaces within the subject building. Mr. Said explained that the Unified Development Code allows martial arts schools of under 1000 square feet as permitted uses, while it specifies that those over 1000 square feet must obtain a special use. The applicant was represented at the hearing by Ms. Susanne Gilbert and Mr. Greg Gilbert, Both Susanne and Greg testified concerning this request. The testimony and overview included the following information: e School background: North Shore martial arts school was previously located in the Bally's Fitness Center at Prairie View Shopping Center. However, when LA Fitness took over Bally's, the martial arts school was not allowed to continue as a tenant there. As a result, the school relocated to the strip center (a few doors down from the proposed location), in a space smaller than 1000 square feet. Operations: North Shore Martial Arts will have classes days and evenings including weekends. Many of the students are school -aged children that are dropped off and picked up by their parents. Typically, students carpool to classes, which helps reduce the number of trips and parking needs for this use. Building and parking: The existing parking lot, and the adjacent public lot, will easily handle the needs for the martial arts school_ Because they are already located in this building, they are now used to the location and the business operations run smoothly there. After conclusion of the presentation by the applicant, the Commission concluded that the Standards for Special Use were met by the evidence presented for this request. The Commission specifically complimented the parking study as a well -done document There were no interested parties to speak regarding this proposal. Findings of Fact The Commission agreed that the proposed use meets the applicable Standards for a Special Use as specified in Sec. 12 -16 -4C of the Unified Development Code, and based their decision on these findings, 1. preservation of Health, Safety, Morals and welfare — The establishment, maintenance and operation of the Special Use will not be detrimental to or endanger the public health, safety, morals or general welfare. The proposed use will be a health- oriented operation, with a focus on physical fitness, as wel,' as discipline, respect and teamwork. 2. Adjacent properties — The Special Use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the uses permitted in the zoning district. The proposed use will be entirely located within the designated tenant space, will require limited parking because of the limited number of students in each class, and the short pickup and drop off times. The overall parking supply in this area is excellent as well with 55 spaces on site (47 are required), and a 22 space public parking lot immediately east of this building. The proposed use is a commercial use and is reasonably compatible with the other commercial uses in the plaza. Therefore, the proposed special use has no appreciable impact on surrounding properties. 3. Orderly Development — The establishment of the Special Use will not impede normal and orderly development or impede the utilization of surrounding property for uses permitted in the zoning district. Tne existing property is located within the C1 General Commercial District, and the project is using an existing area in front of the existing building without impacting surrounding properties. 4. Adequate Facilities — Adequate utilities„ access roads, drainage and other necessary facilities are in existence or are being provided. This proposed use plans to locate in an existing building and use existing parking, so there will be no changes to utilities or drainage. Dorgan Aye S. Traffic Control — Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the public streets. The proposed use of the subject site should not draw substantial amounts of traffic on local residential streets. The site has adequate parking in front and in back of the building. The existing front driveways appear to serve the site circulation well with easy access to and from Dempster Street, while the rear of the building is served from the alley, where there is minimal traffic. Adequate Adequate g and/or screening shall be provided to ensure the right of enjoyment of surrounding properties to provide for the pubiic safety or v screen parking areas and other visualiy incompatible The Proposed use is locating in an existing space, and all surrounding properties are developed. Therefore no additional screening or buffering is necessary, 7. Conformance to Other Iteguiations — The Special Use shall, in all other respects, conform to applicable provisions of this ordinance or amendments thereto. Variation from provisions of this Ordinance, as provided for in Section 12-16 - 3A1, may be considered by the Plan Commission and the Viliage Board of Trustees as a part of the special use permit. The proposed Special Use will be required to meet all Village Codes and Ordinances. Commission, Recommendation Commissioner Gabriel moved, and Commissioner Dorgan seconded, to recommend approval of the Special Use as requested. The motion carried: Yes 6; No G; Absent 1 The voting: Chairman Farkas Aye Commissioner Blonz Aye Commissioner Dorgan Aye Commissioner Gabriel Aye Commissioner Witko Aye Commissioner Roepenack Aye Commissioner Shimanski Absent The Plan Commission's recommendation is subject to the following conditions: 1. The Martial Arts School shall adhere to al applicable Fire and Building Code requirements. 2. All employees shali park in the rear parking area of the building. 3. Prior to issuance of any permit, the applicant shall be required to obtain the Village engineer's approval regarding the requested Traffic Study. 4 Legislative Summary Resolution 12 -64 AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE ILLINOIS OFFICE OF THE COMPTROLLER AND THE VILLAGE OF MORTON GROVE REGARDING ACCESS TO THE COMPTROLLER'S LOCAL DEBT RECOVERY PROGRAM Introduced: August 13, 2012 Objective: 11 To authorize an intergovernmental agreement with the Illinois Office of the Comptroller Purpose: C The purpose is to allow the Village of Morton Grove access to the Comptroller's Local Debt Recovery Program to collect outstanding Village debt. Background: To assist in recovering outstanding debts for Village fines and fees, Village staff is working with the staff of the Office of the Illinois Comptroller to take part in their Local Debt Recovery Program. The program is run by the Illinois Comptroller's Office and allows local municipalities to utilize the Comptroller's data bases to identify individuals who owe the Village money. Once the Comptroller's Office identifies a debtor to the Village in their data base, any state money owed to that debtor is held for a 60 day confirmation period at which time the debt is confirmed or rejected. If the debt is confirmed, the held money is then automatically deposited in the Village's account to cover the outstanding debt. The Comptroller's Office imposes a $15 administrative fee on the debtor so the Village will receive 100% of the outstanding debt. Programs, ]Departments All Village Departments who have outstanding debts or Groups Affected Fiscal Impact: Collections of $50,000 to $100,000 per year Source of Funds: None Workload Impact: Administrative staff will provide debtor information and monitor the debt program I Administrator Approval as presented. Recommendation: First Reading: Not required. Special Considerations or None Requirements: Respectfully submitted: R= 4Vage Rya orne, Administrator ?� Prepared by: 1 Reviewed by: , Peter P. Falcone, Assistant to the Administrator Teresa Corporation counsel AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE ILLINOIS OFFICE OF THE COMPTROLLER AND THE VILLAGE OF MORTON GROVE REGARDING THE LOCAL DEBT RECOVERY PROGRAM THIS INTERGOVERNMENTAL AGREEMENT (the " Agreement"), entered into as of the 13th day of August, 2012, by and between the VILLAGE OF MORTON GROVE, Cook County, Illinois, a municipal corporation (the "Village "), and THE OFFICE OF THE ILLINOIS COMPTROLLER, Illinois (the "01(7). 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, in the performance of its general govermnental responsibilities, the Village is constantly evaluating and accessing information regarding the collection of debts owed to the Village; and WHEREAS, the OIC has a Local Debt Recovery Program that it is willing to allow the Village to participate in at no cost; and WHEREAS, the Local Debt Recovery Program will allow the Village to recover outstanding municipal debts which have been sufficiently adjudicated and have currently gone unpaid; and WHEREAS, cooperation between and among govermnental agencies and entities through intergovernmental agreements is authorized and encouraged by Article VII, Section 10 of the Illinois Constitution of 1970 and by the Intergovernmental Cooperation Act, 5 ILCS 220/1 etseq.; and WHEREAS, the Village and the OIC have negotiated an Agreement for Village Access to the IOC's Local Debt Recovery Program in substantial conformity to the form attached to this Resolution as Exhibit A (the "Intergovernmental Agreement"); NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby malting the findings as hereinabove set forth. SECTION 2: The Village Board of Trustees hereby approves the Intergovernmental Agreement in substantial conformity to the form attached as Exhibit "A ". Once approved, the Village President is authorized to execute the Intergovernmental Agreement and any other necessary documents required within the attached Intergovernmental Agreement on behalf of the Village. SECTION 3: The Village Administrator and his designees are authorized to take all steps necessary to implement the agreement and participate in the Local Debt Recovery Program. SECTION 4: This Resolution shall be in full force and effect from and upon its passage and approval. PASSED THIS 13`" DAY OF AUGUST 2012. Trustee DiMaria Trustee Gomberg Trustee Great Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS I3"' DAY OF AUGUST 2012 ATTESTED and FILED in my office This 10 day of AUGUST 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 Exhibit "A" INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE ILLINOIS OFFICE OF THE COMPTROLLER AND THE VILLAGE OF MORTON GROVE REGARDING ACCESS TO THE COMPTROLLER'S LOCAL DEBT RECOVERY PROGRAM This Intergovernmental Agreement ( "the Agreement ") is hereby made and entered into as of the date of execution by and between the Illinois Office of the Comptroller (hereinafter "IOC ") and the Village of Morton Grove (hereinafter "the local unit "), in order to provide the named local unit access to the Local Debt Recovery Program for purposes of collecting both tax and nontax debts owed to the nained local unit. Each of the parties hereto is a "public agency" as defined in Section 2 of the Intergovernmental Cooperation Act [5 ILCS 220/2]. WHEREAS, both the State of Illinois and the local unit have a responsibility to collect debts owed to its respective public bodies; WHEREAS, IOC operates a system, known as the Comptroller's Offset System (hereinafter, "the System "), for collection of debt owed the State by persons receiving payments from the State; WHEREAS, the Illinois General Assembly specifically provided for the ability of the local unit to utilize the System when it amended Section 10.05 and added Section 10.05d to the State Comptroller Act [P.A. 97 -632; 15 ILCS 405/10.05 and I0.05dj; WHEREAS, IOC and the local limit are empowered under the Illinois Constitution [III. Const., Art. VII, Sec. 101, Section 3 of the Intergovernmental Cooperation Act [5 ILCS 220/31, and Section 10.05d of the State Comptroller Act (hereinafter, "the Act ") [15 ILCS 405/10.05d] to contract with each other in any manner not prohibited by law; NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises contained herein, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: Article I — Purpose The purpose of the Agreement between the IOC and the local unit is to establish the terms and conditions for the offset of the State's tax and nontax payments in order to collect tax and nomax debts owed to the local unit. Article Ii —Authority The authority for State payment offset is granted under Section 10.05 of the Act [15 ILCS 405110.05] and the authority for entering into this Agreement is granted under Section 10.05d of the Act [15 ILCS 405/10.05d], Section 3 of the Intergovernmental Cooperation Act [5 ILCS 220/3], and Article VII of the Illinois Constitution [I11. Const., Art. VII, Sec. 10]. Article III — State Payment Offset Requirements and Operations A. dal Requirements. The offset of State payments shall be conducted pursuant to the authority granted in Section 10.05 and 10.05d of the Act [15 ILCS 405/10.05 and 10.05d] and the requirements set forth in this Agreement. Definition of "Debt' (a) For purposes of this Agreement, debt shall mean any monies owed to the local unit which is less than 7 years past the date of final determination, as confirmed by the local unit in Article III(A)(2)(a)(viii) of this Agreement. (b) No debt which is more than 7 years past the date of fnaI determination may be placed or may remain on the System. 2. Due Process & Notification (a) Before submitting a debt to IOC for State payment offset, the local unit must comply with all of the notification requirements of this Agreement. For purposes of this Agreement, notification of an account or claim eligible to be offset shall occur when the local unit submits to IOC the following information: (i) the name and address and/or another unique identifier of the person against whom the claim exists; (ii) the amount of the claim then due and payable to the local unit; (iii) the reason why there is an amount due to the local unit (i.e., tax liability, overpayment, etc.); (iv) the time period to which the claim is attributable; (v) the local entity to which the debt is owed; (vi) a description of the type of notification has been given to the person against whom the claim exists and the type of opportunity to be heard afforded such person; (vii) a statement as to the outcome of any hearings or other proceedings held to establish the debt, or a statement that no hearing was requested; and, (viii) the date of final determination of the debt. (b) IOC will not process a claim under the Agreement until notification has been received from the local unit that the debt has been established through notice and opportunity to be heard. (c) The local unit is required to provide the debtor with information about a procedure to challenge the existence, amount, and current collectability of the debt prior to the submission of a claim to IOC for entry into the System. The decision resulting from the utilization of this procedure must be reviewable. 3. Certification (a) The chief officer of the local unit must, at the time the debt is referred, certify that the debt is past due and legally enforceable in the amount stated, and that there is no legal bar to collection by State payment offset (See Appendix A). (b) Only debts finally determined as currently due and payable may be certified to IOC as a claim for offset. (c) The chief officer of the local unit may delegate to a responsible person or persons the authority to execute the statement of the claim required by the Agreement. (d) This delegation of authority shall be made on forms provided by the Comptroller and shall contain a signature sample of the person(s) to whom the delegation is made. (e) For purposes of this Agreement, "chief officer of the local unit' means the Village Administrator of the Village of Morton Grove or his designee. 4. Notification of Chanze in Status (a) The chief officer must notify IOC as soon as possible, but in no case later than 30 days, after receiving notice of a change in the status of an offset claim. (b) A change in status may include, but is not limited to, payments received other than through a successful offset, the filing of a bankruptcy petition, the death of the debtor, or the expiration of the ability for the debt to remain on the System, as provided for in Article III(A)(1)(b) of this Agreement. B. Operational Requirements Upon receiving a data file from the chief officer pursuant to the terms of this Agreement, IOC will perform a match with the local unit's debt file using a d'ebtor's social security number, taxpayer identification number, name, address, or other unique identifier. The chief officer will receive a weekly file from IOC indicating the matches, at which time the local unit will update its debtor records. The chief officer will assume the responsibility of providing updates to the debtor records on file with IOC in order to ensure an equitable resolution of the debts owed to the local unit. Technical Requirements. IOC agrees to work with the local unit to facilitate information and data procedures as provided for in this Agreement. The local unit agrees to adhere to the standards and practices of IOC when transmitting and receiving data. 2. Fee. A fee shall be charged to the debtor in order to recover the cost to IOC for administrating the System. The fee shall be Der payment transaction and shall be $15, unless the payment is for an amount Less than $30, in which case the fee shall be equal to the amount offset. The fee will be deducted from the payment to be offset prior to issuance to the Local unit. 3. Offset Notices. IOC will send offset notices to the debtor upon processing a claim under the Act and this Agreement. The notice will state that a request has been made to make an offset against a payment due to the debtor, identify the local unit as the entity submitting the request, provide the debtor with a phone number made available pursuant to Article III (13)(6) of this Agreement, and inform the debtor that they may formally protest the offset within sixty (60) days of the written notice. IOC Protest Process. If a protest is received, IOC will determine the amount due and payable to the local unit This determination will be made by a Hearing Officer and will be made in light of all information relating to the transaction in the possession of IOC and any other information IOC may request and obtain from the local unit and the debtor subject to the offset If IOC requests information from the local unit relating to the offset, the local unit will respond within sixty (60) days of IOUs request. IOC may grant the local unit an additional sixty (60) day extension for time to respond. IOC Hearing Officer. The local unit hereby agrees to provide the Hearing Officer with any information requested in an efficient and timely manner in order to facilitate the prompt resolution to protests filed as a result of this Agreement. For purposes of this Agreement, any decision rendered by the Hearing Officer shall be binding on the local unit and shall be the final determination on the matter. The Hearing Officer may continue the review of a protest at his /her discretion in order to assure an equitable resolution. 6. Local Unit Call Center. The local unit hereby agrees to provide a worldrig phone number which IOC will furnish to persons offset under this Agreement. The local unit shall ensure that the phone number is properly staffed in order to provide information about the debt the Local unit is offsetting under this Agreement. The phone number for purposes of this Section and the Agreement is: 847 -663 -3002. Debt Priorities (a) If a debtor has more than one local unit debt, the debt with the oldest date of delinquency shall be offset first. (b) Any debt that is less than or equal to $9.99 which is placed or remains on the System will not be offset and will not be paid to the IocaI unit until such time as the balance owed to the local unit by the debtor exceeds $9.99. 8. Transfer of Payment. Transfer of payment by IOC to the Local unit shall be made in the form of electronic funds transfer (EFT). Nothing in this section or this Agreement shall limit the ability of either party to modify this Agreement at a Later date in order to provide for an alternative method(s) of payment transfer. IOC Refunds, If IOC determines that a payment is erroneous or otherwise not due to the local unit, IOC will process a refund of the offset, and refund the amount offset to the debtor. In the event the refund results in only a partial refund to the debtor, IOC will retain the fee referenced in Article III, Paragraph B, Section 2 above. The fee will only be refunded to the debtor in the event of a full refund of the offset amount. 10. Local Unit Refunds. The local unit is responsible for refunding monies to the debtor if an offset occurred due to inaccurate debt information or over collection, and the local unit has already received payment from IOC. IOC will only refund monies in the event that a payment has not yet been made to the local unit. Article IV — Permissible Use of Information IOC acknowledges that the local unit is providing sensitive information about Local debts for the purpose of conducting offsets under the Agreement. As such, IOC will use the information solely in connection with the Local Debt Recovery Program. IOC shall safeguard the local information in the same mariner as it protects State debt information. The local unit acknowledges that IOC is providing sensitive information about State payments for the purpose of conducting offsets under the Agreement. As such, the local unit will use the information solely in connection with the Local Debt Recovery Program. The local unit shall safeguard State information in the same manner as it protects local debt information. The parties may use information in any litigation involving the parties, when such information is relevant to the litigation. Article V — Term of the Agreement and Modifications The Agreement becomes effective as of the Effective Date and shall remain in effect until it is terminated by one of the parties. Either party may terminate this Agreement by giving the other party written notice at least thirty (30) days prior to the effective date of the termination. Any modifications to the Agreement shall be in writing and signed by both parties. Article VI — No Liability to Other Parties Except for the fees described in Article III, paragraph B. Section 2 above, each parry shall be responsible for its own costs incurred in connection with the Agreement. Each party shall be responsible for resolving and reconciling its own errors, but shall not be liable to any other parties for damages of any kind as a result of errors. Each party shall be liable for the acts and omissions of its own employees and agents. The Agreement does not confer any rights or benefits on any third party. Article VIZ — Issue Resolution The parties acknowledge that IOC is ultimately responsible for the development, design and operation of the System. Subject to that understanding, the parties agree to work cooperatively to resolve any matters that arise during the development, design and implementation of the program. If an issue cannot be resolved informally by mutual agreement of staff` personnel, then the parties agree to elevate the issue to a senior level manager for resolution of the issue. For purposes of the Agreement, the "senior level managers" are: IOC: Ray Marchiori, Director — Department of Government and Community Affairs Local Unit: Ryan J. Horne — Village Administrator Article V111— Contacts The points of contacts for this Agreement are: IOC: Alissa Camp, General Counsel Illinois Office of the Comptroller 325 West Adams Springfield, Illinois 62704 Phone: 217 /782 -6000 Fax: 217/782 -2112 E -mail: CampAJ@rnail.ioc.state.il.us Local Unit: Teresa Hoffinan- Liston, Corporation Counsel Village of Morton Grove 6101 Capulina Avenue Morton. Grove, Illinois 60053 Phone: 847/663 -3003 Fax: 847/965 -4162 E-mail: diston@monongroveil.org Peter P. Falcone, Assistant to the Village Administrator Village of Morton Grove 6101 Capulina Avenue Morton Grove, Illinois 60053 Phone: 847/663 -3002 Fax: 847/965 -4162 E -mail: pfalcone@mortongroveil.org Article FX — Acceptance of Terms and Commitment The signing of this document by authorized officials forms a binding commitment between IOC and the Village of Morton Grove. The parties are obligated to perform in accordance with the terms and conditions of this document, any properly executed modification, addition, or amendment thereto, any attachment, appendix, addendum, or supplemental thereto, and any documents and requirements incorporated by reference. By their signing, the signatories represent and certify that they possess the authority to bind their respective organizations to the terms of this document, and hereby do so. [Signature Page Follows] IN WITNESS WHEREOF, the Illinois Office of the Comptroller and the Village of Morton Grove by the following officials sign their names to enter into this agreement. ILLINOIS OFFICE OF THE COMPTROLLER By: Date: Name: Judy Haar Topinka Title: Comptroller VILLAGE OF MORTON GROVE By: Date: Name: Daniel J. Staackmann Title: Village. President Legislative Summary Resolution I2-65 AUTHORIZATION TO EXECUTE A CONTRACT WITH XSELL TECHNOLOGIES TO PROVIDE TECHNICAL SUPPORT FOR THE VILLAGE WITH THE ILLINOIS COMPTROLLER'S OFFICE LOCAL DEBT RECOVERY PROGRAM Introduced: August 13, 2012 Synopsis: This resolution will authorize a Revenue Reconciliation Statement of Work with XSELL Technologies to assist the Village in our participation in the Illinois Comptroller's Local Debt Recovery Program. i Purpose: To overcome the complexities in revenue reconciliation and administrative procedures related to the Village's participation in the Illinois Comptroller's Local Debt Recovery Plan, the Village will partner with XSELL Technologies who will provide technical support to the Village to increase our reconciliation of outstanding debt. Background: To assist in recovering outstanding debts for Village Mmes and fees, Village staff is working with the staff of the Office of the Illinois Comptroller to take part in their Local Debt Recovery Prog am. To help maximize the reconciliation of outstanding debt the Village will utilize the technical support of XSELL Technologies. Through the use of XSELL Technologies software and services, debts which would not otherwise have been collected will be identified, resulting in a greater reconciliation of debts owed to the Village. XSELL Technologies will only be compensated at a rate of 10% of the debt identified and collected as a result of the use of their technology beyond the debt identified and collected by the Illinois Comptroller's Office. Programs, Depts All Village Departments who have outstanding debts or Groups Affected: Fiscal Impact: Collections of $50,000 to $ 100,000 per year Source of Funds: None Workload Impact: j XSELL Technologies will assist Staff in the collection and formatting of debtor information sent to the Comptroller's Office, Admin Recommend: N/A Second Reading: Not Required Special Consider. or None Requirements: i Respectfully submitted: Ryan Horne, Village Administrator Prepared by Reviewed by: A Peter P. Falcone, Assistant to the Administrator Teresa Corporation counsel AUTHORING A REVENUE RECONCILIATION STATEMENT OF WORK BETWEEN XSELL TECHNOLOGIES AND THE VILLAGE OF MORTON GROVE REGARDING THE LOCAL DEBT RECOVERY 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, in the performance of its general governmental responsibilities, the Village is constantly evaluating and accessing information regarding the collection of debts owed to the Village; and WHEREAS. Effective January I, 2012, Public Act 97 -0632 established the "Local Debt Recovery Program" to allow units of local government, school districts, and public institutions of higher education to collect outstanding debt in coordination with the Illinois Comptroller's Office; and WHEREAS, XSELL Technologies provides software and services that will allow the Village to overcome the complexities in revenue reconciliation and administrative procedures related to the Local Debt Recovery Plan, significantly improving debtor matches and increasing returned revenues: and WHEREAS, the Village and XSELL "Technologies have agreed upon a Revenue Reconciliation Statement of Work in substantial conformity to the form attached to this Resolution as Exhibit A (the "Revenue Reconciliation Statement of Work"); NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village Board of Trustees hereby approves the Revenue Reconciliation Statement of Work in substantial conformity to the form attached as Exhibit "A ". Once approved, the Village Administrator is authorized to execute the Revenue Reconciliation Statement of Work and any other necessary documents required within the attached Revenue Reconciliation Statement of Work on behalf of the Village and to take all steps necessary to implement the Statement of Work. SECTION 3: This Resolution shall be in full force and effect from and upon its passage and approval. PASSED THIS 13" DAY OF AUGUST 2012. Trustee DiMaria Trustee Gomberg Trustee Great Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS 13`s DAY OF AUGUST 2012 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 141h day of AUGUST 2012 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Village of Morton Grove/XSELL Revenue Reconciliation Statement of Work ( "SOW ") Overview: Effective January 1, 2012, Public Act 97 -0632 established the "Local Debt Recovery Program" to allow units of local government, school districts, and public institutions of higher education to collect outstanding debt in coordination with the Illinois Comptroller's Office. The Act provides for an offset or deduction from State proceeds to individuals in order to pay either all of or a portion of the claim or account to the State of Illinois or the United States. XSELL Technologies provides software and services that allow local claiming entities (LCE) to overcome the complexities in revenue reconciliation and administrative procedures related to the Local Debt Recovery Plan. The resources required from LCEs are limited. In return, XSELL creates fact based, data driven sustainable solution that identifies funds outstanding — significantly improving matches and returned revenues. XSELL's software and services increase revenue reconciliation resulting in a myriad of social benefits, including but not limited to: creating services and jobs for citizens; reduce tax burdens; improving budget balance; and allows LCE to pioneer in setting national standard for revenue reconciliation technologies. Objectives: XSELL's Revenue Reconciliation Program was created with the following intentions: Provide IOC file preparation for the following files: i. Local Claiming Entity Involuntary Pre Add File ii. Local Claiming Entity Involuntary With - Holding Maintenance Add iii. Local Claiming Entity Involuntary Maintenance Change iv. Local Claiming Entity Involuntary Match v. Local Claiming Entity Involuntary Statistical Analysis vi. Local Claiming Entity Involuntary Delete File 2. Increase match accuracy with IOC system of records to create increase revenue reconciliation 3. Provide accurate and ongoing maintenance to file amendment per IOC guidelines. Scope: Village of Morton Grove wilt act as an XSELL anchor client, as an anchor client Village of Morton Grove will participate in Case Studies, act as a public client reference. Technology: XSELL will provide technical support for the workforce. All data captured through analysis will be the property of XSELL. Tereus and Conditions: Price of Services — will be equal to 10% of actual revenues recouped as a result of using XSELL services and technology. Terms- The term of this agreement is for one (1) year and shall automatically renew for another one (1) year term, unless either party provides notice to the other of its intent to terminate this agreement not less than thirty (30) days before the end of the then current term. This SOW is subject to the Terms and Conditions set forth on Attachment A incorporated herein by this reference. XSELL TECHNOLOGIES, INC. By: Signature Date Title VILLAGE OF MORTON GROVE By: _ Signature Date ATTACHMENT A TO SO W TERMS AND CONDITIONS The following Terms and Conditions constitute part of and are incorporated into, the Revenue Reconciliation Statement of Work ( "SOW ") between XSELL and Village of Morton Grove. Definitions. (a) "Confidential Information" means any proprietary information, LCE information or data, , technical data, know -how, research, experiments, inventions, processes, formulas, designs, drawings, products, services, plans, marketing strategies, finances, software, source code, hardware configuration, or other Information disclosed by Village of Morton Grove or XSELL, their representatives, affiliates, vendors or citizens, or their officers, employees, agents, representatives, independent contractors, or attorneys, in writing, orally, electronically, or by drawings or inspection of pans or equipment, and includes any other information dam the parties may reasonably understand to he confidential Work Product (as hereinafter defined) are hereby deemed to be the Confidential Information of XSELi_. Confidential Information does not include information_ (a) already known by a party at the time it is disclosed as shown by written records; N) publicly known without breach of this SOW; (c) received from a Third party, other than Village of Morton Grove, authorizer) to disclose it without restriction; (d) independently developed by a party without use of Confidential Information; or (e) required by law, regulation or valid court or government order tube disclosed, provided a party into notifies the other parry of such required disclosure, so the other party may seek a protective order pertaining to such information. (b) "Intellectual Property" means coitectively. (a) trademarks, trade names, service marks,. trade dress, product configurations, logos and other trade identities, trade secrets, know -how, mask work rights, inventions, formulas, algorithms, business methods, rights in packaging, computer software (in source code and object code formats), domain names, uniform resource locaters, Internet protocol addresses, websites (and source codes for webshes), patents, patent rights, copyrights, moral rights, authorship rights and other ownership rights, owned it, t whole or part by a parry; (b) common law rights, licenses, royalties, assignments, associated goodwill, applications, registrations, renewals and extensions for all of the items under (a) above in the United States, each individual state thereof, and all other countries and jurisdictions worldwide; and (c) agreements relating to (a) or (b) above to which a patty hereto is a party (including expiration dates, if applicable), including, without limitation, all agreements relating to technology, know-how, processes, websne development and hosting, software (including, but not limited to, all agreements covering application software and operating system software and all agreements with application service providers), and hardware. (c) "Work Product" means improvements, inventions, developments, discoveries, processes, techniques, products, and data, whether or not subject to patent, creative works, preliminary concepts, concept executions, and all other copyrightable material; reports, notes, records and other documentation; designs and /or mechanicals; source code and other documentation that would assist in modifying, enhancing or maintaining delivered software; and trade secrets; as well as all their derivatives and modifications that XSE.LL's personnel, agents or contractors make, conceive or reduce to practice, solely or with others, while performing services in connection with this SOW. 2. Confidentrali z Village of Morton Grove and XSELL and their respective personnel shall use the other party's Confidential Infomnation solely to fulfill the purposes of this SOW, and each shall take all reasonable precautions to prevent unauthorized disclosure thereof'. Neither Village of Morton Grove nor XSELL shall make any public disclosure of the other party's Confidential Information in the absence of the prior written consent of the other party. Upon termination of this SOW or upon demand, except as otherwise provided herein, the parties shall promptly return to each other all property and Confidential Information of the other parry. If agrees, a certificate of destruction may be provided in lieu of return of the Confidential Information, with sufficient detail regarding the Confidential Information destroyed, destruction date, and assurance that all copies also were destroyed, Village of Morton Grove and XSELL shall retain ownership rights of any Commercial Information deemed to he owned by them pursuant to the terms of this SOW. 3 XSELL Pronriotary Riehts -n Work Product The parties acknowledge and agree that the rendering of the services under this SOW and the creation of any property or property rights associated therewith shall not constitute work- made - for -hire, and any such property or property rights shall be considered the Work Product of, and owned by, XSELL. Nothing contained in this SOW shall give Village of Morton Grove any ownership rights in any materials or information contained in the Work Product developed or acquired by XSELL, or licensed by XSELL from arry person not a party or affiliate of a party, all of the foregoing deemed and agreed to constitute the proprietary Intellectual Property and /or Confidential Information of XSELL. XSELL shall own all worldwide right, title and interest in and to all Work Product (including, without limitation, all related Intellectual Property rights) from the time that the same is or are created, authored, invented, discovered or first reduced to practice, and neither Village of Morton Grove nor any of its personnel or affiliates shall obtain any right, title or interest therein or thereto, whatsoever. Subject to any separate license agreement between the parties, XSELL and /or its licensors shall retain ownership of all right, title and interest in and to all separately licensed software, and no license thereto is granted to Village of Morton Grove under this SOW. 4, Independent Contractor. The parties are, remain, and shall continue to conduct themselves as, independent contractors and this SOW shall not be interpreted as appointing XSELL or Village of Motion Grove or their respective personnel as agents, employees, lessees, partners, or joint venturers of the other. Neither XSELL (ifs affiliates or personnel) nor Village or Morton Grove (its affiliates or personnel), shall attempt to bind or obligate the other parry in any matter or lot any reason without the express prior written consent of the party to be bound. Neither parry shall be liable for the debts, obligations or liabilities of the other party. 5_ Discla mers end Limitation of Lability. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL INDIRECT, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH THIS SOW AND /OR ITS SUBJECT MATTER, REGARDLESS OF THE THEORY OF LIABILITY GIVING RISE TO SUCH DAMAGES, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH PARTY WAS ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTIES PROVIDED, IF ANY, BY XSELL HEREUNDER AND THE LIABILITIES OF XSELL HEREUNDER ARE EXCLUSIVE AND IN LIEU OF, AND VILLAGE OF MORTON GROVE HEREBY WAIVES, ALL OTHER WARRANTIES, GUARANTIES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIIMITATION ANY OBLIGATIONS OF XSELL WITH RESPECT TO FITNESS AND MERCHANTABILITY FOR A PARTICULAR PURPOSE) OR WHETHER OR NOT OCCASIONED BY XSELL'S NEGLIGENCE. NO WARRANTY SHALL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN GJSTRUMENT SIGNED BY XSELL AND VILLAGE OF MORTON GROVE. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, XSELL'S LIABILITY TO VILLAGE OF MORTON GROVE SHALL NOT EXCEED THE AMOUNT PAID BY VILLAGE OF MORTON GROVE TO XSELL UNDER A PARTICULAR INVOICE FOR SERVICES PROVIDED UNDER SUCH INVOICE. LeLislative Summary Ordinance 12 -30 1 AMENDING TITLE 5, CHAPTER 3, OF TFIE VILLAGE OF MORTON GROVE MUNICIPAL CODE ENTITLED VEHICLE LICENSES Introduced: August 13, 2012 Synopsis: I To update the vehicle license ordinance Purpose: To insure the Village's Municipal Code is up -to -date, current, and relevant Background: in March of 2010 the Village adopted a vehicle license ordinance which brought the existing code in line with comparable municipalities. To ensure accurate and appropriate utilization of this legislation, Village staff has reviewed the Village Code and now proposes minor amendments to correct. j clarify certain provisions, and keep sections current. These proposed amendments will: 1. Modify Section 5 -3 -2 to include an exemption for local dealerships; 2. Modify Section 5 -3 -3 -A to include the State of Illinois language for antique vehicles and by making the fee for antique vehicles more comparable to State fees; 3. Modify Section 5 -3 -3 -B to include a clearer prorated fee structure; 4. Add Section 5 -3 -6 to clarify the refund process for sold or junked vehicles; I Programs, Departments Finance Department or Groups Affected Fiscal Impact: The fiscal impact to the Village will be minimal. Source of Funds: j N/A Workload Impact: The management and implementation of the vehicle licensing program will be performed by the Finance Department as part of their normal work activities. Administrator Approval as presented. Recommendations: Second Reading: j Required. Special Considerations or None Requirements: � 1 Respectfully submitted: Z �`-- ^���' Reviewed by: _ ' s2 Ryatf Horne,'Village Administrator Teresa Hoffman Lis6 orporation Counsel Prepared by: 1/ Peter P. Falcone, Assistant to the Administrator AMENDING TITLE 5, CHAPTER 3, OF THE VILLAGE OF MORTON GROVE MUNICIPAL CODE ENTITLED VEHCILE LICENSES WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois is a home rule unit of government under the provisions of Article 7 of the Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village has apolicy of regularly reviewing and revising its Municipal Codes, as necessary, to insure the provisions of the Code remain compliant with contemporary statutes and relevant to the current operations and requirements within the Village; and WHEREAS, at the direction of the Village President and Village Board of Trustees, the Village staff has reviewed the language and fees established by the Village for vehicle licenses to insure such language arid fees are consistent, and current with language and fees assessed by the state statutes and other municipalities for similar licenses; and WHEREAS, in order to keep the Municipal Code current and in order to protect and preserve the health, safety, and welfare of persons within the Village of Morton Grove, it is reasonable, appropriate, and necessary to update this Chapter of the Municipal Code. NOW, THEREFORE, BE IT ORDAINED, BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 5, Chapter 3., of the Municipal Code of the Village of Morton Grove is hereby amended and shall read as follows: Chapter 3 VEHICLE LICENSES 5 -3 -1: DEFINITIONS: MOTOR VEHICLE: When used in this chapter it shall include automobiles, antique automobiles, trucks, vans, recreational vehicles which are powered by other than human muscular power except for construction equipment, the cars of electric or steam railways and other motor vehicles running only upon rails or tracks, as well as any bicycles or tricycles or similar vehicles propelled exclusively by human muscular power. MOTORCYCLE/SCOOTER: When used in this chapter it shall include motorcycles, motor scooters, mopeds, motor bicycles and any related device having two (2) or more wheels and propelled by other than human muscular power. (Ord. 91 -48, 10 -28- 1.991) 5 -3 -2: VEHICLE LICENSE REQUIREMENTS: A. Required: Every owner or operator of amotor vehicle or motorcycle /scooter who resides within the village, or in the event said owner or operator is a business, whose principal business address is located within the village, or any owner or operator of a motor vehicle or motorcycle /scooter which is registered to an address within the village of Morton Grove shall pay each year to the office of the director of finance - treasurer a tax or license fee for the possession or use of such motor vehicle or motorcycle/ scooter within the village. B. Application; Issuance: Every owner or operator of a motor vehicle or motorcycle /scooter defined in subsection A of this section shall file an application with the office of the director of finance- treasurer, upon a form provided by that office, setting forth the name and address of the applicant, and a description of the motor vehicle or motorcycle /scooter for which the license is desired. Upon the payment by the applicant of the required fee, the director of finance - treasurer shall cause to be issued a license sticker authorizing the use or possession of such motor vehicle or motorcycle /scooter within the village until the expiration of such license. Such stickers shall be numbered serially, and bear the number and the year for which the license is issued. C. Registration: A current Illinois state registration identification card must be presented at the time application for village registration is made. Also proof of age shall be required for a senior citizen vehicle license; applicant's current Illinois driver's license shall be deemed sufficient proof of age. D. License Sticker: Each village license sticker shall be kept firmly attached to the lower left hand portion of the windshield of the motor vehicle or motorcycle /scooter for which the license was issued in such location that it will not obstruct the driver's view. The village's license sticker shall remain firmly affixed at alI times when such motor vehicle, motorcycle /scooter or trailer is operated, parked, stored or maintained on any public highway, street, alley, private driveway, private parking lot or storage lot located within the village. Any owner or operator of a motor vehicle or motorcycle /scooter described in subsection A of this section who comes into ownership or possession of such motor vehicle or motorcycle /scooter after April 30 of any year shall have thirty (30) days after obtaining ownership or coming into such possession to register and pay the license fees or taxes and display the license sticker as set forth in subsection A of this section and this subsection D. E. Expired Registration: No person may stop, park, or leave standing upon a public street, highway, or roadway, a vehicle upon which is displayed an Illinois registration plate or plates or registration sticker after the termination of the registration period for which the registration plate or plates, or registration sticker was issued or after the expiration date set forth in section 3 -414 or 3 -414.1 of the Illinois vehicle code or in violation of section 11- 1304.5 of the Illinois vehicle code, as amended from time to time, and such vehicle shall be deemed an unlawful vehicle pursuant to chanter 7 of this title: (Ord. 10 -05, 3 -8- 2010) F. Exceptions: Any vehicle which is available for sale or lease and is licensed to and operated by a locall dealership, which pays to the Village sales and/or usage taxes for the sale and /or lease of vehicles, and possess valid dealer plates is not required to purchase a vehicle sticker. 5 -3 -3: LICENSE FEES: A. Annual Fees: The annual fee to be paid for vehicle licenses shall be as follows: All motor vehicles (except trucks, motor driven commercial cars, motorcycles /scooters or trailers) All motor vehicles (except trucks, motor driven commercial cars, motorcycles /scooters or trailers) owned by residents 65 or older (limit of 1 such senior citizen license per household per year) Antique motor vehicles (Vehicle must have State of Illinois antique license plates. To qualify for antique plates, a motor vehicle must be more than 25 years oid. Firefighting vehicles roust be at least 20 years old. Antique vehicles may only be driven to and from an antique auto show or exhibition, service station or demonstration. The mechanical and phvsicai condition of the antique vehicle, including brakes, lights, glass and appearance, must be the same or as safe as originally equipped. An antique vehicle may be a "bona fide replica" - an exact copy of the original in design, frame and mechanical operation.) All motor vehicles and trailers (excluding trucks, buses or motor driven commercial cars) registered to a bona fide religious organization recognized by the IRS and the religious leader (priest, minister, rabbi, etc.) of that religious organization, provided however religious organizations shall be eligible for no more than 2 discounted stickers and the spiritual leader of that organization shall be entitled to only I discounted license All motor vehicles or trailers (excluding trucks, buses, motorcycles /scooters or motor driven commercial cars) issued to any not for profit corporation as defined in chapter 32, paragraph 163 (I /c) of the general not for profit corporation act of the state of Illinois provided not more than 3 such licenses shall be issued to any single not for profit corporation $55 .00 25 .00 1/2 of cost of motor vehicle license fee 1/2 of cost of motor vehicle license fee Trucks and motor driven commercial vehicles: 8,000 pounds or less 75 .00 - - -- -- -- - - -- - -- - -- -- - -- - 8,001 pounds and over, but not more than 16,000 pounds 85 .00 16,001 pounds and over, but not more than 24,000 pounds 95 .00 - -- — — - - - - -- -- —. -- — -- - - - - - -- -- 24,001 pounds and over, but not more than 28,000 pounds 105 .00 28,001 pounds and over, but not more than 32,000 pounds — 115 .00 32,001 pounds and over, but not more than 50,000 pounds 125 .00 50,001 pounds and over 135 .00 Motorcycles -- ---------- . - - - - -- -- - - - - -- — - - --- 45 .00 Motor scooters and mopeds 40.00 All recreational vehicles bearing the state classification of RV 60.00 Late payment fee for vehicle Iicense fee - within 90 days 10.00 Late payment fee for vehicle license fee - after 90 days — 20.00 Fee for the replacement of lost or destroyed vehicle sticker 5 .00 Fee for new sticker due to transfer of vehicle —', 5 .00 (Ord. 10-08,3-8-2010) B. Prorated Fees: I. Where an applicant exhibits proof that he has purchased a motor vehicle or motorcycle /scooter after October 31 of any licensing period, the license fee shall be reduced by fifty (50 %) percent. 2. The license fee for persons who become residents of Morton Grove after October 31 shall be reduced by fifty (50 %) percent. 3. Persons who become residents of Morton Grove after March 1 and have a current vehicle license from the city, town or village in which they formerly resided, or who exhibit proof that he has purchased a vehicle after March 1, shall not be obligated to purchase a license until the next license renewal date which is May 1 following residency within the village. C. Weight Determines Fees: Weight shall be determined in the manner prescribed by statute where appropriate and where required by this chapter for the purpose of affixing the appropriate vehicle license fees. (Ord. 91 -48, 10 -28 -1991) D. Residency Effect On Fees: The residence stated by the owner of a motor vehicle or motorcycle /scooter in his application for registration that is required to be filed with the Illinois secretary of state's office pursuant to the Illinois vehicle code, 625 Illinois Compiled Statutes, shall be prima facie evidence of residency for the purpose of this chapter. Automobiles leased by persons having residency within the corporate limits of the village shall be required to have a municipal vehicle sticker affixed thereto under the same terms and conditions as applied to other motor vehicles wider this chapter. Residents may also be required to affix a vehicle license sticker to company leased or company owned motor vehicles regularly assigned for their use if required by other provisions of this code. (Ord. 73 -31, 8 -7 -1973; amd. Ord. 91 -48, 10 -28 -1991) E. Time Of Payment: Except as otherwise hereinafter provided, such license fee shall be due and payable annually on or before May i of each year and the license shall be for a one year period commencing May 1 of each said year and ending on April 30 of the following year; provided, that each owner or operator of such motor vehicle or motorcycle /scooter coming into possession of such motor vehicle or motorcycle /scooter may be required to pay a partial license fee as stipulated in subsection B of this section. (Ord. 78 -26, 6 -26- 1978; amd. Ord. 91-48, 10 -28 -1991) F. Late Payment: In the event any person fails to pay the required fee when due as stated in this code, then in that event, the annual fee provided shall be increased by ten dollars ($10.00). If the fee is not paid within ninety (90) days of its due date, the fee shall increase by twenty dollars ($20.00). G. Disabled Veterans' Vehicle License Rate: Any person who is disabled to the extent of fifty percent (50 %) or more as a result of a disability connected with service in the armed forces of the United States, and who is so certified by the veterans' administration of the United States, and who is further certified by the veterans' administration of the United States to have a physical or mental disability of nfty percent (50 %) or more, and who resides in the village shall be entitled to thirty percent (30 %) reduction in the charge by the village for vehicle licenses. Such a disabled veteran seeking such reduced vehicle license rate shall present the village staff proof of the requisite certifications by the veterans' administration of the United States. If the village staff shall determine that a disabled veteran resident is entitled to reduced vehicle license rates, the resident shall be given a disabled veteran's certificate number which shall consist of the letters "DV ", the last two (2) numbers of the year granted, a dash and then consecutive numbering of the approved residence certificate number for the disabled veteran's rate reduction (e.g., number DV 80 -1 et seq.). Thereafter, the disabled veteran resident shall include his current certificate number on each vehicle license bill payment made. Upon providing to the village documentation that a disabled veteran possesses a valid motor vehicle license plate issued by the state of Illinois to disabled veterans as so indicated thereon. the veteran whose name appears on the license registration shall receive one village motor vehicle license, without charge, to be affixed to the motor vehicle so licensed by the state. H. Fees Waived For Government Agencies: No fee shall be charged for vehicles registered to a municipal corporation or local governing body, including, but not limited to, school districts or park districts, located within the corporate limits of the village. (Ord. 91 -48, 10 -28 -1991) 5 -3 -4: LOST OR DESTROYED STICKERS: In the event that any person to whom a vehicle license has been issued Loses the sticker issued by the village, or in the event that such sticker is destroyed or mutilated, such person may apply for a new sticker upon providing to the office of the finance director - treasurer satisfactory evidence of the loss or destruction of such sticker and paying a fee of five dollars ($5.00). (Ord. 91 -48, 10- 28 -1991; amd. Ord. 01 -59, 12 -10 -2001) 5 -3 -5: TRANSFER OF VEHICLE: In the event that any person to whom a vehicle license has been issued disposes of such vehicle to which the sticker was issued and wishes to substitute a different vehicle, such person may apply for a new sticker upon providing to the office of the finance director- treasurer satisfactory evidence of the transfer of title or disposal of such vehicle and the removal of such sticker as was originally issued and upon payment of a fee of five dollars ($5.00) plus any additional fee for any change of the classification of the vehicle. (Ord. 91 -48, 10 -28 -1991; and. Ord. 01 -59, 12 -10- 2001) 5-3 -6: SOLD AND JUNKED VEHICLES: In the event that any person to whom a vehicle license has been issued sells or disposes of such vehicle to which the sticker was issued, such person may apply for a full refund of the vehicle sticker fee by May 10`h or a % refund of the vehicle sticker fee between May 11s` and October 31, providing they submit to the office of the finance director - treasurer satisfactory evidence of the transfer of title or disposal of such vehicle and the removal and surrender of such sticker as was originally issued. 5 -3 -7: PENALTY: Any person violating any of the provisions of this chapter shall be fined in accordance with title 1- chapter 4 of this code. (Ord. 08 -22, 5 -12 -2008) SECTION 3: The terms and conditions of this ordinance shall be severable and if any section, term, provision, or condition is found to be invalid or unenforceable by any reason by a court of competent jurisdiction, the remaining sections, terms, provisions, and conditions, shall remain in full force and effect. SECTION 4: in the event this ordinance or any code amendment herein is in conflict with any statute, ordinance, or resolution or part thereof, the amendments in this ordinance shall be controlling and shall supersede all other statutes, ordinance, or resolutions but only to the extent of such conflict. Except as amended in this ordinance, all chapters and sections of the Village of Morton Grove Municipal Code are hereby restated, readopted, and shall remain in full force and effect. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 13 "' day of August 2012. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 13 "' day of August 2012 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in r ny office this 14 "' day of August 2012 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois