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HomeMy WebLinkAbout2012-09-10 AgendaVILLAGE OF MORTON GROVE MEETING OF THE BOARD OF TRUSTEES TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER SEPTEMBER 10, 2012 7:00 pm Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes — Special minutes from August 13, 2012 Regular minutes from August 13, 2012 5. Special Reports 6. Public Hearings a. To Consider the Adoption and Approval of the Dempster /Waukegan Tax Increment Financing District Eligibility Study, and Redevelopment Plan and Project 7. Residents' Comments (agenda items only) 8. President's Report — Administration, Northwest Municipal Conference, Council ofMavors, TIF Committee, Capital Projects, Real Estate Committee a. Ordinance 12 -27 (Introduced August 13, 2012) (Second Reading) Amending Title 4, Chapter 3 Entitled Liquor Control of the Municipal Code b. Commission/Board appointment is requested as follows: Community Relations Commission Georgia Houpis Vinu Stanley Varughese 9. Clerk's Report — Legal, Cable and Telecommunications Commission 10. Staff Reports a. Village Administrator 1) Miscellaneous Reports and Updates b. Corporation Counsel 1 1. Reports by Trustees a. Trustee DiMaria — Fire Department, Emergency Management Agency, RED Center, NIPSTA, Police and Fire Commission (Trustee Great) b. Trustee Gomberg — Police Department, Environmental Health, Police and Fire Commission, IT Communications (Trustee Marcus) 1) Ordinance 12 -31 (Introduced August 13, 2012) (Second Reading) Amending Title 4, Chapter 213 and Chapter 2C of the Municipal Code Entitled Amusements c. Trustee Grear — Community and Economic Development Department, Chamber of Commerce, Waukegan Road TIF Review, Lehigh/Ferris TIF Review, Dempster Street Corridor Plan, Real Estate Committee, Comprehensive Plan, Economic Development (Trustee DiMaria) 1) Ordinance 12 -28 (Introduced August 13, 2012) (Second Reading) Approving the Designation of the Business District for the Dempster /Waukegan Redevelopment Project Area 2) Ordinance 12 -32 (Introduced August 31, 2012) (Second Reading) Imposing Business District Taxes within the Dempster Waukegan Business District in the Village 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) e. Trustee Thill — Building Department, Appearance Commission, Capital Projects, Plan Commission/Zoning Board of Appeals ('Trustee Toth) 1) Ordinance 12 -29 (Introduced August 13, 2012) (Second Reading) Amending Title 7, Chapter 1, Article 15 -B & D Entitled Streets and Public Ways of the Municipal Code of the Village 2) Resolution 12 -66 (Introduced September 10, 2012) Authorizing the Purchase of a 2013 Ford F -450 Chassis Cab with Utem Telescopic Aerial Device Through the North Suburban Purchasing Procurement Program 3) Resolution 12 -67 (Introduced September 10, 2012) Authorizing the Annual Veterans Day Parade 4) Resolution 12 -68 (Introduced September 10, 2012) Authorizing a Highway Authority Agreement and a Tiered Approach to Corrective Action Objectives Supplemental Agreement between Buchanan Energy (N), LLC and the Village Relating to the Property Located at 7971 Golf Road 12. 13 14. 15 Reports by Trustees (continued) e. Trustee Thill (continued) 5) Resolution 12 -69 (Introduced September 10, 2012) Authorizing a Contractual Agreement with Bill's Painting Company for Tuekpointing at the North Pumping Station, 8820 National Avenue 6) Resolution 12 -70 (Introduced September 10, 2012) Authorizing the Purchase of a New Loader Baekhoe from Patten Industries Trustee Toth —Finance Department, Finance Advisory Commission, Northwest Municipal Conference, Advisory Commission on Aging, Family and Senior Services Department (Trustee Gomberg) 1) Ordinance 12 -30 (Introduced August 13, 2012) (Second Reading) Amending Title 5, Chapter 3 of the Municipal Code Entitled "Vehicle Licenses" Other Business Presentation of Warrants — Residents' Comments August 27, 2012 $741,085.74 September 10, 2012 $163,382.31 Total $904,468.05 Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate 16. Adjournment -To ensure full accessibility and equal participation for all interested citizens, individuals with disabilities who plan to attend and who require certain accommodations in order to observe andlor participate in this meeting or who have questions regarding the accessibility of these facilities, are requested to contact Susan or (vlmdene (8471470 -5220) promptly to allow the Village to make reasonable accommodations. 1 MINUTES OF THE AUGUST 13, 2012, SPECIAL MEETING OF THE BOARD OF TRUSTEES RICHARD T. FLICKINGER MUNICIPAL CENTER 6101 CAPULINA AVENUE MORTON GROVE, ILLINOIS 60053 Pursuant to proper notice in accordance with the Open Meetings Act, the special meeting was called to order at 6:00 pm by Village President Daniel J. Staackmarm 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, William Grear, Sheldon Marcus, John Thill, and Maria Toth Absent: Trustee Larry Gomberg Village Staff: Village Administrator Ryan J. Horne and Corporation Counsel Teresa Hoffman Liston Also Present: None Mayor Staackmann stated the topics of the meeting were to discuss pending litigation, personnel, and real estate matters. These topics are appropriate for Executive Session. Trustee Marcus then moved to adjourn to Executive Session to discuss pending litigation, personnel, and real estate matters. The motion was seconded by Trustee Toth and approved unanimously pursuant to a roll call vote at 6:02 pm. At the close of the Executive Session, Trustee Marcus moved to adjourn the Special Meeting. The motion was seconded by Trustee. Di Maria and approved unanimously pursuant to a voice vote at 6:21 pm. Minutes by: Tony S. Kalogerakos, Village Clerk Richard T. FIickinger Municipal Center 6101 Capulina Avenue e Morton Grove; Illinois 60053 -2985 Tel: (847) 965 -4100 Fax: (847) 965 -4162 vN IV. V LLV VL V[ NL{�GVINIYIiC Village President Daniel J. Staackmann called the meeting to order at 7:00 p.m. After leading the assemblage in the Pledge of Allegiance, he directed the Clerk to call the roll. ROLL CALL Village Clerk Kalogerakos called the roll. Present were: Trustees Dan DiMaria, Bill Grear, Shel Marcus, John Thill and Maria Toth. Absent was: Trustee Larry Gomberg OQUaGIT11wel Regarding the minutes of the July 9, 2012, special meeting, Trustee DiMaria moved, seconded by Trustee Toth, to approve the minutes as presented. There was no discussion. Lotion passed unanimously via voice vote. Regarding the minutes of the July 9, 2012, regular meeting, Trustee DiMana moved, seconded by Trustee Marcus to approve the minutes as presented. There was no discussion. Motion passed unanimously via voice vote. SPECIAL REPORTS a. Weekend shooting at the Muslim Education Center. Mayor Staackmann stated a shoot- ing had occurred in the Village over the weekend, the individual had been apprehended. The incident was handled swiftly and promptly by not only the Morton Grove Police De- partment but the Cook County State's Attorney. A special thank you was expressed to the Morton Grove Police Department for their professionalism and commitment to the safety of all in our fine community. Mr. Habeeb M. Quadn, Principal for the MEC school thanked the Village for helping to dispel the fear and concern their congregation felt following the shooting. He especially thanked Chief Erickson and his staff for their help and understanding during this difficult time. Ms. Samina Hussain, Chairperson for the Community Relations Commission stated the building at the MEC was damaged but was thankful no one was hurt. She stated this was not only an attack of the individuals at the MEC but everyone within the Village. The Community Relations Commission believes the Village values diversity and there should be tolerance as we work together to sort out difficulties through peaceful means We need to help one another and wished everyone peace. b. Presentation by the North Shore Senior Center Cynthia Phon Clinical Supervisor, re- garding Transportation Options. today for seniors and challenged Ms. Phon stated individuals. She transportation listed various options are options that a challenge are availa- ble and stated all are listed on the North Shore Senior Center's website. Anyone having questions can call at any time for additional information. C. Introduction of New Chamber Executive Director by the Morton Grove Chamber Presi- dent Richard Block. Mr. Block introduced their new Director, Debbie Juns, who started work today. He stated everyone will see her throughout the Village as she introduces herself and coordinates the various functions for the Chamber. d. Yearly Update Presentation by the Natural Resource Commission. Mary Bush and Grant Gilbert made a presentation concerning the Champion and Heritage Tree Pro- gram which the commission partners with the Morton Grove Historical Society. They stated nominations are being taken and encouraged everyone to forward their choices until Labor Day. They also informed the public of the Honor Program which is planting trees in the parkway as a memorial or remembrance of a special occasion. They went on to state one of the Natural Resource Commission's mission is to support conserva- tion so our resources will be available for future generations. e. Expected siting process for Lakeshore Transfer Station. Mr. Horne thanked everyone for attending the meeting. He stated there is a lack of an actual application so the EPA declined to attend this meeting. He stated the Village has tried to explain Illinois law and what the siting process is relative to the Illinois Environmental Protection Act. Mr. Horne explained a pollution control facility is a waste storage site and a waste transfer station is a temporary facility used for the transfer of waste and its consolidation for fur- ther transport. Standards for such facilities are set by the Illinois Protection Act. He went on to state local governments then have the authority and the responsibility to al- low or disallow a requested location within their jurisdiction. The Host Community Agreement, which was passed on March 12, 2012, does not state the Village has ap- proved or agreed with any siting application. In reality, the Village is neutral on this mat- ter. If and when an application is made, and if the Village approves the chosen location, and if the EPA issues the permits, and if the operator decides to build, then the transfer operator will pay all the host development fees. It is important to note the Village wants to help protect the health, safety, and welfare of the community. The application will be reviewed in connection with State Statutes once and when it is received. Taxes will be applied uniformly to this station as well. There can be no discrimination. The approval timeline has not been communicated yet, however, it is anticipated the application will be shown to the Village within the next thirty days. Fourteen days will then need to be given after the application is formally made to inform those residents within 250 feet. Ninety to 120 days will then be needed in advance of the public hearings. Once the public hearings conclude, thirty additional days will be given for written comment. A timeline total amounts to around 180 days. He noted traffic patterns must be conducive with the area. If criteria are met, then this site will be approved according to EPA regu- lations. Information has already been disseminated through different media for Village residents to reference. He also noted there have been numerous vermin infestations throughout the Village since 2003 and vermin are not selectively at this site. Mr. Horne then went on to state everyone will be given the opportunity to comment this evening, Trustee Grear reiterated again there has been no application made. If an application is made the Village would hold a public hearing. Corporation Counsel Liston stated the timeline for the application process is on the IEPA website, the Village's website and in a booklet that was handed out to individuals present at the meeting. The timeline may or may not have a prefiling review. The ap- plication is actually controlled by the applicant. We do not know if or when they are going to file. The siting ordinance states within 14 days before the application is filed they must notify residents within a certain proximity along with state representatives, and then they may file their application. The Village will need to schedule a public hear- ing but a window of not sooner than 90 days and no later than 120 days after the appli- cation is made. A legal notice will be placed in a local paper of general circulation. The public will be given ample notice and public participation will be appreciated. It will probably be in two "Exchanges" and it will be on the Village's website with a question and answer section just as we have done before. Mayor Staackmann stated many laws and restrictions are involved with this process. The Village will be working with special counsel and it hoped we will have additional citi- zen input. He stated he would like to see an ad hoc committee formed that would work with staff on this process. Trustee Marcus stated this is an important matter to the community. He stated the Board is being as transparent as possible. It should be noted this process will take at least six months to come to a conclusion. It was also important to present the host community agreement before anything else could take place. Whatever is going to be done, the Village does not want to spend taxpayer money on research before anything takes place. This host agreement has specifically identified the applicant will cover those costs and not the residents of this community. This also gives the Village the op- portunity to change ordinances that will help to protect the public safety, health and wel- fare of the community. Corporation Counsel then stated prior to the public hearing everyone is invited to submit written statements which will be part of the official record. The public hearing will be more like a formal hearing or trial rather than an informal open meeting. The Village Board will act as legislators and will not participate. They will actually be the determi- nant. Village staff will act as a participant at the hearing and will have a special counsel representing them. They will have consultants who will do an analysis on the statutory criteria which is required to evaluate the siting application. The applicant will be there and other interested parties can register and become a part of the hearing. A hearing officer will provide fundamental fairness for all. Siting applications are very technical and legal decisions can be overturned in court because of bias or not providing proper notifications. Whatever decision is made we need to work so it will be upheld under the fundamental fairness. Thirty days are also given following the hearing for further public comments. If the Board disapprove the location, they will need to state the reasons why it will not be approved. It will then go before the IEPA for their approval. An appeal on any decision can be made by the applicant or any interested party. Trustee DiMaria felt most of the individuals in the audience were present because they are not in favor of a transfer station being constructed in their backyard, and before the Village starts with attorneys and consultants he suggested the Village hold a town hall meeting regarding this issue so everyone can express their opinions before we become involved with this process. He felt it was important to get everyone's thoughts together before we proceed. Corporation Counsel Liston reiterated there has been no application filed so there is nothing prohibiting the Village from holding such a meeting. It is not up to the Village whether the applicant chooses to submit an application. Once the application is made though the Village will not be able to discuss the matter outside the public hearing. It should also be understood the Village cannot tell the applicant they may not make an application. Mayor Staackmann then stated resident comments will be heard following the public hearing on the Dempster/Waukegan Redevelopment Business District. He also wanted everyone to know the Village is trying to follow the law and protect everyone's interest. VI. PUBLIC HEARINGS The purpose of this public hearing is to propose a Dempster/Waukegan Business District, Mayor Staackmann stated the Village has worked with a team of professionals who have ex- tensive experience in establishing TIFs and the Village's goal is to address properties at and surrounding the Prairie View Shopping Center. Mr. Steve Friedman introduced himself and stated he was the president of S.B. Friedman and Company and they have been engaged by the Village to prepare the studies appropriate for the Dempster Waukegan Business District. He stated ultimately the Village is trying to redevelop the corner of Dempster Waukegan and the purpose of developing a business district is to help with that redevelopment, particularly the Prairie View Shopping area. He stated a business district is a special taxing district which for an additional tax to be used for development goals in the area. In order to impose this tax, certain blighting factors need to exist within the district along with lack of growth along with other factors. The tax would not affect the sales of autos, medical supplies, or groceries. The boundaries will be the same as the Dempster/Waukegan Redevelopment TIF Area. A pro- posed .25% sales tax is being proposed. The budget is $775,000 over that period which is meager. It is intended to supplement the TIF District to help with the overall redevelopment. Following the conclusion of the presentation, there were no questions by the Village Board. There were also no public comments. Trustee DiMana made a motion to close the public hearing. Trustee Toth seconded the mo- tion. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. DiMaria aye Tr. Gomberg absent Tr. Grear acre Tr. Marcus aye Tr. Thill acre Tr. Toth acre VII. RESIDENTS' COMMENTS (Agenda Items Only) Various residents spoke concerning the possibility of a transfer station being located within the corporate boundaries of the Village of Morton Grove. There appeared no one present in the audience or who spoke on this occasion was in favor of this facility. The following individuals made the following statements: • Ed Odisho was concerned about the fumes that would emanate from this facility. • Agnes Quinn was opposed to three million tons of garbage being processed through the station and the fumes it would create. • Art LaCroix asked whether this was the only company applying for such a facility. ® Cathy Peters stated there was a waste transfer station manual for decision making that was put out by the EPA. She had concerns whether the site being selected was actually large enough and whether there would be enough buffer space. She felt the community would be overburdened by this facility and she had environmental concerns that revolved around the size of the buildings and the size of the vehicles that would be coming and hence leaving the facility on a daily basis. She stated space was at a premium and there is really not enough space for a facility of this magnitude at that location. ® Yvette Drazner stated there has been a lack of transparency concerning this project. She reiterated the previously stated concerns and also stated this project will lower property values and bring in rodents. s Chris Beliina felt this was a serious . challenge and residents should have the opportunity to vote on this facility, and then the Village needs to do what the majority wants. • Tom Maddex stated he had no knowledge of the transfer station until he received a flyer. He has since met with various staff members and felt information from the Village was vi- tal. • Jim Rosen said he lives 1,000 feet from the site and is skeptical on promises that would be made. He feels his property will be devalued and the odors will be a problem. • Peter Shire wanted a town hall meeting and also wanted to know why a host agreement was even considered. He also had concerns regarding traffic. • Barb Messner was also concerned about smells emanating from the facility and rat infes- tation. She also expressed concern about property values and the welfare of the high school children. • Abnash Narula did not want a dumpster in his back yard and felt there were ways to legal- ly stop the transfer station. 6 Bill Luksha felt this was a critical topic and Morton Grove was a bedroom community with little vacant land. He stated Evanston would like to get rid of their transfer station and sug- gested a referendum be placed on the next ballot. He also recommended a town hall meeting be held. • Anni Henrici referred to a third world city and compared Morton Grove to this community and the garbage dump it will become if the transfer station is allowed to come into the Vil- lage. She was very concerned about the smells she felt would emanate. • Marcy Donsky agreed with everyone's previous statements. She expressed concern about the young children in the community. She thanked everyone for expressing their opinions. ® Michael Kalodimos also agreed with everyone's opinions. He felt there was a lack of stewardship by the Village Board and they were selling out the Village's future. • Gil Peters told the Board they should take stops to "squash" this facility. He also stated the press should be ashamed for not covering this issue. He needs openness from the Board and reassurance this facility will not be allowed to be built. He asked the Board to do the right thing for the community. ® P. Padget was concerned about there being no notices about the transfer station. He felt the problems were vast. He also felt money should not be a consideration in this matter. • C. Liberman expressed concern about the children. ® D. Satter stated we got rid of the Wells Manufacturing and their problems. We should be concerned about beautifying Morton Grove. ® Resident (no name given) stated Morton Grove did not need a dump and there was a publication "Top Transfer Suburb — on the Right Track" that should be read by everyone. On another matter: Tim Baker spoke regarding the current 911 dispatch center in Des Plaines and the discus- sion of moving it to Glenview. He was concerned about losing his position, and the general reasons why this was being done. Mayor Staackmann stated there has been no application made for the transfer station as of this date, and consequently there is no process in place. He stated the Village Board cannot take action on something that has not yet happened. There being no additional comments, the Village Board took a short break and recessed at 9:06 pm. The Board reconvened at 9:23 pm. VIII. PRESIDENT'S REPORT a. Mayor Staackmann presented for a first reading Ordinance 12 -27 Amending Title 4, Chapter 3 Entitled Liquor Control of the Municipal Code Relating to Video Gaming Terminals and BYOB. Mayor Staackmann stated liquor license establishments must now make their premises accessible to the Police Department at any time alcohol is be- ing served. Different classes of licenses will now be reduced and a new BYOB license will be established to allow patrons to bring their own bottle of wine to enjoy with a meal. Licensees will, however, be responsible to ensure compliance with all liquor regulations. New provisions will also regulate video gaming terminals which must also be licensed by the Illinois Gaming Commission. Licensees will now be required to have a "last call" and stop serving alcohol one -half hour before the final time allowed for consumption of alcohol. Fingerprinting and background checks will now be required for bartenders as well as owners and managers. There was no further discussion on Ordinance 12 -27. Mayor Staackmann stated the tree removal project being performed by Public Works crews was going well and they were doing a great service in removing the ash borer from the community. C. Mayor Staackmann also stated street paving was on track and it is anticipated it will be another two to three weeks before the work is completed. Street striping is now com- pleted, and with the work completed this year and last year more than 50% of the Vil- lage has been restriped. IX. CLERK'S REPORT Clerk Kalogerakos had no formal report. X. STAFF REPORTS a. Village Administrator 1) Mr, Horne introduced Assistant to the Village Administrator Peter Falcone who then made a presentation concerning the Illinois Gaming Law. He stated in 2009, Governor Quinn signed the Video Gaming Act making video gaming in Il- linois legal. Terminals can only be placed in eligible establishments with a valid Village "A", °B", or "C" liquor license. There can only be five machines at each location and individuals must be 21 years old to use the video gaming ma- chines. It must also be screened from outside view and can only be used during the permitted hours of liquor operations. The Police Department must have full accessibility to the premise and the Village will now be requiring establishments to have additional video surveillance equipment. Licenses are not transferrable and will continue to be issued annually. The maximum bet for one play will be $2.00 and the maximum payout is $500 per win. Five percent of the revenue will go to the Village and it is anticipated that amount will equal $2,250 per ma- chine annually. As of August 6, 2012, only one location has been approved and XI. - m�nnees -5r -n cst,z;7o, , three are currently pending. Mr. Falcone also noted the approval process was rigorous and the Village will be more stringent than the state when regulating their use. 2) Miscellaneous Reports and Updates. There were no additional reports or up- dates reported at this time. b. Corporation Counsel Corporation Counsel had no formal report. Trustee DiMaria Trustee DiMaria had no formal report. b. Trustee Gomberg Trustee Gomberg was absent this evening so Trustee Marcus presented the following resolutions and ordinances in his stead. 1) Trustee Marcus presented Resolution 12 -58 authorizing an agreement be- tween the State of Illinois and the Village of Morton Grove Local Liquor Control Commission to send background fingerprint checks both manual- ly and through the Lifescan fingerprint machine. Trustee Marcus stated an interagency agreement with the State of Illinois for fingerprint checks both ma- nually and through the Lifescan fingerprint machine was being proposed. The Illinois State Police are currently requiring municipalities to enter into these agreements so charges can be recouped for this service. He noted the agree- ment can be canceled at any time, if an alternate service becomes available. There being no discussion, Trustee Marcus moved, seconded by Trustee Thill, to approve Resolution 12 -58. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. DiMaria acre Tr. Gomberg absent Tr. Grear acre Tr. Marcus aae Tr. Thill acre Tr. Toth ave 2) Trustee Marcus presented for a first reading Ordinance 12 -31 amending Title 4, Chapter 2i3 and Chapter 2C of the Municipal Code Entitled Amuse- ments. Trustee Marcus noted this ordinance will prohibit gambling in bowling alleys except as allowed and regulated by Illinois state law. Currently the Vil- lage prohibits gambling of any kind in bowling alleys, but with recent changes in state law, video gaming machines are allowed in liquor licensed establishments but only when licensed and regulated by the state. If a bowling alley in the Vil- lage obtains a state license and becomes compliant with state and local regula- tions, the machines will also become available for this type of operation. There was no further discussion on Ordinance 12 -31 -- M,, u :T3,201'2, 3) Trustee Marcus then presented Resolution 12 -59 authorizing an intergo- vernmental agreement with the Village of Glenview for Joint Public Safety Communications Services. In order to save costs, the Police Department is recommending the change from NSECC. In addition to cost savings, this change will also come with additional enhancements such as a high quality computer aided dispatch system and records management system. Trustee Toth asked where were key personnel going to go. It was noted Mr. Baker along with the other employees were actually employed by the City of Des Plaines. It was felt Mr. Baker was an excellent dispatcher and could possibility be hired by the Village of Glenview, however, that would be up to them. There being no additional discussion, Trustee Marcus moved, seconded by Trustee DiMaria, to approve Resolution 12 -59. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. DiMaria aae Tr. Gomberg absent Tr. Grear aye Tr. Marcus a rye Tr. Thill acre Tr. Toth aye C. Trustee Grear 1) Trustee Grear presented for a first reading Ordinance 12 -28 which will ap- prove the designation of a business district for the DempsteriWaukegan Redevelopment Project Area. This 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 the blighting conditions and stimulate redevelopment of vacant, obsolete, or underutilized parcels and provide improvement to public infrastruc- ture. S.B. Friedman has conducted a study and created a development plan for this district. With the approval of this ordinance, the companion Ordinance 12- 32 will need to be approved to impose the taxes within the district. There was no further discussion on Ordinance 12 -28 2) Trustee Grear presented for a first reading Ordinance 12 -32 which will im- pose business district taxes within the Dempster Waukegan Business Dis- trict in the Village. As part of the process to create a Tax Increment Financing District in the area of the Prairie View Shopping Center, this ordinance would au- thorize the imposition and collection of a special sales tax on certain items within the Business District at the rate of .25% of the gross receipts. There was no further discussion of Ordinance 12 -32. 3) Trustee Grear presented Resolution 11 -60 authorizing the Village to acquire property commonly known as 8735 Narragansett. Trustee Grear stated this is a small parcel next to a parcel currently land banked by the Village. The final purchase price for this parcel is $109,000 and the closing will be in the next few weeks following the approval by the Village Board to purchase this parcel. There being no discussion, Trustee Grear moved, seconded by Trustee Toth, to approve Resolution 11 -60. Motion passed: 4 ayes, 1 nay, 1 absent. Tr. DiMaria Lay Tr. Gomberg absent Tr. Grear acre Tr. Marcus aae Tr. Thill aye Tr. Toth aave _ — '- Nlitrat25'of�Au 3,�rsa'rftNl�r' A brief presentation was made by Public Works Assistant Director Joseph Dahm. It was noted the water rates have been raised by 25% by the city of Chicago. The Village has been subsequently asked to join in on several studies which it has declined for al- ternative water sources. These studies range in price from $30,000 to $60,000. It was noted the Village's current water Tine at the north pumping station is only 1,900 feet from the Northwest Water Commission's line and that could be a viable option for the Village. The Village is also anticipating a proposal from the Village of Glenview. He stated the Village is hopeful we can work out something so overall water bills can remain the same or possibly decrease over time. d. Trustee Marcus 1) Trustee Marcus presented for its second reading Ordinance 12 -25 to amend Title 5, Chapter 13, Article A -3 Entitled Traffic Schedules of the Municipal Code to establish a three -way stop intersection on Lincoln Avenue at the en- trance to the St. Paul Woods Forest Preserve District. With the Homestead De- velopment completed, it has become apparent site issues along Lincoln Avenue could be a potentially dangerous situation. The installation of a three -way stop intersection should help remedy this circumstance. Trustee Marcus moved, seconded by Trustee DiMaria, to approve Ordinance 12 -25. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. DiMaria aave Tr. Gomberg absent Tr. Grear aae Tr. Marcus aye Tr. Thill aye Tr. Toth acre 2) Trustee Marcus presented Resolution 12 -61 authorizing the purchase of gasoline and diesel fuel from Palatine Oil Company, Inc. through the Sub- urban Purchasing Cooperative. Trustee Marcus stated the Village once again took advantage of the Suburban Purchasing Cooperative to get the best price for petrol products. The low bidder this year was Palatine Oil Company and the contract will run through June 5, 2013, at an expenditure of no more than $300,076. There being no discussion, Trustee Marcus moved, seconded by Trustee Toth, to approve Resolution 12 -61. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. DiMaria aye Tr. Gomberg absent Tr. Grear aye Tr. Marcus aye Tr. Thill afire Tr. Toth aae 3) Trustee Marcus presented for a first reading Ordinance 12 -29 amends Title 7, Chapter 1, Article 15B & D entitled Streets and Public Ways of the Munici- pal Code to meet current fees, standards, and policies. In 2004, a policy was developed which disallowed the use of any materials on driveway aprons other than basic concrete and basic hot mix asphalt. Due to the influx of alternate materials such as cobble stones and stamped and dyed materials, this ordin- ance has been developed to reinforce the current policy so there is specific di- rection and enforcement if work needs to be done by the Village in a particular right -of -way where disallowed materials may have been used. The current fee structure has also been updated to increase the permit cost from $10 to $50. There was no further discussion on Ordinance 12 -28. 4) Trustee Marcus presented Resolution 12 -62 authorizing the execution of a contract for the 2012 Street Patching Program. This annual program works to maintain the quality, drainage, and drivability of the streets throughout the Vil- lage. This contract was bid through a competitive bid process wherein Arrow Road Construction was the lowest responsible bidder at a cost of $119.360. There being no discussion, Trustee Marcus moved, seconded by Trustee Toth, to approve Resolution 12 -62. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. DiMaria aye Tr. Gomberg absent Tr. Grear acre Tr. Marcus aye Tr. Thill aae Tr. Toth acre 5) Trustee Marcus presented Resolution 12 -63 authorizing the execution of a contract with Hayes Mechanical for the Maintenance of Heating and Air Conditioning Equipment. Hayes Mechanical took over the contract from the previous company that went out of business. Extending Hayes' contract will provide for the efficient operation of heating and cooling equipment in all Village owned buildings. This year, Hayes is continuing to hold pricing at the same rate as last year. The only exception is the addition of the Isomedix building which is an additional $936 per year for a total outlay of $1,902 per month. There being no discussion, Trustee Marcus moved, seconded by Trustee Thill, to approve Resolution 12 -63. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. DiMaria aye Tr. Gomberg absent Tr. Grear aye Tr. Marcus acre Tr. Thill aye Tr. Toth aye e. Trustee Thill 1) Trustee Thill presented for its second reading Ordinance 12 -26 granting a special use permit to allow a martial arts school of over 1,000 square feet at the property located at 6103 Dempster. As noted at the July 9, 2012, meeting, this ordinance would allow the school, which exceeds the designated size limitation of 1,000 square feet in the Unified Development Code, to be al- lowed at this location. The Plan Commission unanimously recommended this al- lowance for this use. There being no discussion, Trustee Thill moved, seconded by Trustee Marcus, to approve Ordinance 12 -26. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. DlMaria aye Tr. Gomberg absent Tr. Grear aye Tr. Marcus aye Tr. Thill aye Tr. Toth ave With the current drought and lack of water, Trustee Thill reminded everyone to please water your trees, grass and sod. He stated the Commemorative Tree Planting Program was a great opportunity to replace the many Ash trees that are currently being removed. 10 r inutes��ofal�iaosTl6`t3; . Trustee Toth 1) Trustee Toth presented Resolution 12 -64 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 Pro- gram. This intergovernmental agreement will allow the Village access to the Comptroller's Local Debt Recovery Program wherein it can collect on outstand- ing Village debt from individuals owing monies to the Village. Once the debtor is identified, any state money owed to that debtor is held for a 60 day confirmation period at which time the debt is either confirmed or rejected. If the debt is con- firmed, the held money will automatically be deposited in the Village's account to cover that outstanding debt. The only cost is a $15 administrative fee on the debtor so the Village will actually receive 100% of outstanding debt owed and collected. Trustee Toth stated the Village is excited and encouraged by this program and it is hoped there will be a good return. There being no discussion, Trustee Toth moved, seconded by Trustee Marcus, to approve Resolution 12 -64. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. DiMaria aye Tr. Gomberg absent Tr. Grear acre Tr. Marcus aye Tr. Thill acre Tr. Toth acre 2) Trustee Toth presented Resolution 12 -65 authorizing the execution of a contract with Xsell Technologies to provide technical support for the Vil- lage with the Illinois Comptroller's Office Local Debt Recovery Program. Xsell will assist the Village in overcoming the complexities in revenue reconcilia- tion and administrative procedures related to the Village's participation in the Il- linois Comptroller's Local Debt Recovery Program. Xsell Technologies will be compensated at a rate of 10% of the debt identified and collected as a result of the use of their technology. There being no discussion, Trustee Toth moved, seconded by Trustee DiMaria, to approve Resolution 12 -65. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. DiMaria aye Tr. Gomberg absent Tr. Grear aave Tr. Marcus aae Tr. Thill acre Tr. Toth acre 3) Trustee Toth presented for a first reading Ordinance 12 -30 which will amend Title 5, Chapter 3 of the Municipal Code entitled Vehicle Licenses. In March 2010, the Village adopted a vehicle license ordinance which brought the existing code in line with comparable municipalities. In order to continue to be current the following amendments are proposed. They include, an exemption for local automobile dealerships; the inclusion of the state of Illinois language for antique vehicles and making those fees more comparable to state fees; clarifing the re- fund process for sold or junked vehicles; and providing a clearer prorated fee structure. Trustee Grear inquired as to whether the fee to be charged for anti- que vehicles would only be used for those vehicles used in exhibitions and for car shows. It was noted that would be the case. There was no further discussion on Ordinance 12 -30. Si —� rxnlpt?+s:�t�3nsAlsirits;: 5,+ OTHER BUSINESS NONE X111, WARRANTS Trustee Toth presented the Warrant Register for July 23, 2012, in the amount of $858,427.03. Trustee Toth moved to accept the Warrants, seconded by Trustee Thill. There being no ques- tions, Mayor Staackmann called for the vote. Motion passed: 4 ayes, 0 nays, 1 abstain, 1 absent. Tr. DiMaria abstain Tr. Gomberg absent Tr. Grear aye Tr. Marcus acre Tr. Thill afire Tr. Toth aae Trustee Toth presented the Warrant Register for August 13, 2012, in the amount of $880,489.34. Trustee Toth moved to accept the Warrants, seconded by Trustee Marcus. A question was raised about the Village paying for the disposal of asphalt and it was answered by Public Works that indeed we do pay for disposal since there are varying degrees of debris contained within the asphalt. It was noted in the future they would look into alternate disposal methods for this byproduct. There being no additional questions, Mayor Staackmann called for the vote. Motion passed: 4 ayes, 0 nays, 1 abstain, 1 absent. Tr. DiMaria abstain Tr. Gomberg absent Tr. Grear aye Tr. Marcus aye Tr. Thill acre Tr. Toth ave XIV. RESIDENTS' COMMENTS Bonita Lofivaice stated the Village is currently paving on Meade and why could not portions of Greenwood, which was just around the corner, be paved as well since that portion is in worse condition that even Meade was. Joe Dahm, Assistant Director of Public Works, stated he would look into the possibility of patching this year. XV& ADJOURNMENT /EXECUTIVE SESSION XV1. There being no further business to come before the Board, Trustee DiMaria moved to adjourn the meeting at 10:08 pm. Trustee Thill seconded the motion which was unanimously approved via voice vote. 12 PASSED this 10`h day of September 2012. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED by me this 101h day of September 2012. Daniel J. Staackmann, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 11th day of September 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove, Cook County, Illinois Minutes by Susan Lattanzi 13 NOTICE is hereby given pursuant to Section 11- 74.4 -6 of the Tax Increment Allocation Redevelopment Act, as amended (the "Act") that on the 10`s day of September 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, tregarding (i) approval of the "Dempster/Waukegan Tax Increment Financing District Eligibility Study, Redevelopment Plan and Project" (the "Redevelopment Plan'), as the redevelopment plan and project under the Act for the area more fully described below (the "Project Area "); (ii) designation of the Project Area as a Redevelopment Project Area for purposes of the Act; and (iii) adoption of tax increment allocation financing pursuant to the Act to finance all or a portion of the costs of improvements proposed to be made in the Project Area.o The Project Area is generally bounded by the following streets: on the west, by Sayre Avenue, the Village corporate limits and Waukegan Road; on the east by the Cook County Forest Preserve; on the north, by the north line of Prairie View Park and a linejust south of Churchill Street for certain parcels with frontage on Waukegan Road or New England Avenue; and on the south, by the north line of Meadow Lane. A boundary legal description of the Project Area is attached to and made a part of this Notice as Exhibit 1. The overall goals of the Redevelopment Plan are to: (1) reduce or eliminate conditions that have the potential to lead to blight within the Project Area; (2) provide the direction and mechanisms necessary to establish the Project Area as a vibrant commercial district that accommodates a mix of uses including public /institutional and open space through new development; (3) stimulate the redevelopment of vacant, obsolete, ill configured, and underutilized parcels; and (4) provide and improve necessary public infrastructure, facilities and utilities. Redevelopment of the Project Area will strengthen the economic base and enhance the quality of life of the Village as a whole by revitalizing the commercial corridor along Dempster Street and Waukegan Road. The Redevelopment Plan seeks to achieve these goals by implementing an integrated and comprehensive strategy that leverages public resources to stimulate additional private investment, principally through the use of tax increment financing, as well as other funding sources, to encourage further private investment. In pursuit of these goals, the Village may enter into redevelopment agreements for the construction of public and private improvements, and to finance a portion of the costs of such improvements using funds from the special tax allocation fund described in the Act and to issue one or more series of obligations secured by such funds. Please see the Redevelopment Plan for a more complete description of the proposed activities. Copies of the Redevelopment Plan are available at the Richard T. Flickinger Municipal Center, 6101 Capulina Avenue, Morton Grove, Illinois 60053, during business hours, Monday to Friday: 8:30 a.m. to 5 p.m. All interested persons will be given an opportunity to be heard at the Hearing. The Illinois Department of Commerce and Economic Opportunity and each taxing district having taxable property included in the Project Area are invited to submit comments to the Village concerning the subject matter of the Hearing prior to the hearing date addressed to: Peter Falcone, Assistant to the Village Administrator, Village of Morton Grove, at the Richard T. Flickinger Municipal. Center, 6101 Capulina Avenue, Morton Grove, Illinois 60053 or to Mr. Falcone at pfalcone( mort�org. The Hearing may be adjourned by the President and Board of Trustees of the Village without further notice other than a motion to be entered upon the minutes of the Hearing fixing the time and place of the subsequent hearing Exhibit 1— Boundary Legal Description 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 N0, 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 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 OF LOT 5 IN FINK AND OTHERS SUBDIVISION, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18 AND NORTH HALF Or SECTION 19 ACCORDING TO THE PLAT THEREOF RECORDED APRIL 12, 1893 AS DOCUMENT NO. 1847465; THENCE SOUTHERLY ALONG SAID NORTHERLY EXTENSION AND WEST LINE TO THE SOUTHWEST CORNER OF SAID LOT 5; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 5 TO THE NORTHWEST CORNER OF LOT 460 IN THE FIRST ADDITION TO DEMPSTER - WAUKEGAN ROAD SUBDIVISION, BEING A SUBDIVISION IN SAID NORTH HALF OF SECTION 19, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 11, 1927 AS DOCUMENT NO. 9576777; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 460 AND THE SOUTHERLY EXTENSION THEREOF TO THE NORTHWEST CORNER OF LOT 430 IN SAID FIRST ADDITION TO DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 430 AND THE SOUTHERLY EXTENSION THEREOF TO THE NORTHWEST CORNER OF LOT 401 IN SAID FIRST ADDITION TO DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 401 TO A POINT ON A LINE MEASURED PERPENDICULAR TO THE WEST RIGHT -OF -WAY LINE OF WAUKEGAN ROAD AT A. POINT 355.29 FEET (AS MEASURED ALONG SAID WEST RIGHT -OF WAY LINE) SOUTH OF THE NORTHEAST CORNER OF LOT 206 IN SAID FIRST ADDITION TO DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE EASTERLY ALONG SAID PERPENDICULAR LINE TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF WAUKEGAN ROAD; THENCE SOUTHERLY ALONG SAID WEST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE WESTERLY EXTENSION OF THE SOUTH LINE OF THE NORTH 330 FEET OF LOT 2 IN WHITE'S SUBDIVISION, BEING A SUBDIVISION IN SAID NORTH HALF OF SECTION 19, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 6, 1882 AS DOCUMENT NO. 368124; THENCE EASTERLY ALONG SAID WESTERLY EXTENSION AND SOUTH LINE OF THE NORTH 330 FEET TO A POINT ON THE 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 N0. 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 Or 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. LeLyislative Summary Ordinance 12 -27 AMENDING TITLE 45 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 135 2012 This ordinance amends and updates Title 4, Chapter 3 of the Village Code. To 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 naming 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 II 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) Jong Prepared and Reviewed by: Reviewed by: yan J. Horne, Village Administrator i Mark Erickson, Chief of Police Hd�5r, Teresa Hoffer an 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 Iimited 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 Cominission 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 LIQUOR CONTROL 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 CONSTRUCTION: This chapter shall be Iiberally 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 19347 235 Illinois Compiled Statutes 5I1 -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 hops in water, and includes, among other things, beer, ale, stout, lager beer, porter and the like. BRE WPUB See definition of Microbrewery. 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 liquor 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 licensed 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 alicensed business described in the PREMISES application for the Iicense, 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 Iisted 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 nonpubliely 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 Iicensee 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, e) owning, hirinu 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 adeauate 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 liquor 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 Iocation 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, poIiticat, civic, religious or nonprofit or 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-)006) 4 -3 -3: LICENSE REQUIRED: It is unlawful for any person either by himself or through an agent, or any person acting as an agent, employee, barkeeper, clerk, or servant of another, to sell, dispense, or offer for sale at retail any alcoholic beverage or engage in any sate of alcoholic beverage within the village of Morton Grove without first having obtained a license to do so as provided in this chapter, 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 -2006) 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 Iiquor 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 by this chapter is occurring. (Ord. 06 -20, 6 -12 -2006) 4 -3 -5: POWERS OF LOCAL LIQUOR CONTROL COMMISSIONER: The Village President shall be the local liquor control commissioner and shall be chareed with the administration of the appropriate provisions of the liquor control act of the state of Illinois within the village of Morum 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 Iiquor control commission of the Village of Morton Grove. The commissioner shall receive a salary as set forth in subsection 1 -6 -4B 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 law 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 Iicensee or employee or agent of a licensee or any applicant for a liquor Iicense or for a renewal thereof. To examine or cause to be examined under oath any applicant for a license 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 Iicense. 1. To require any licensee or applicant to answer any charges made in any objection to the issuance of the license. 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 Iicensee 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 Iicense issued under 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 Iicense, 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 license of the licensee. 5. Within sixty (60) days of the granting of a license, the Iicensee has failed to operate the business at the location in the license except upon petition to and an order issued by the local liquor 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 licensee'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 license classification and the appropriate fees to be charged for those Iicenses. 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 maybe 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 GRANTER 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: TERMINATI ®N; 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 Iicensee. 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 Iicense 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 liquor under order of the appropriate court, and may exercise the privileges of the insolvent or bankrupt licensee until the expiration of such license 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. R A Iicensee 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: CHANCE 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 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. B. 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 Iicenses 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 7, 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. IL 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 -14.1. B. 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 i, the first year's annual fee shall be reduced by fifty percent (50 %). In the event a license is not issued, any annual license 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. C. No more than the maximum number of licenses set forth below shall be issued for any class of Iicenses. Each applicant for a license shall pay the fees set forth below: Class F, restaurant, full 1,000 .00 liquor Class F, food /specialty I,000.00 stores, full package sale Class G, special event 0 .00 Class H, caterers.. full 250.00 liquor Class I, caterers, beer /wine Class J, temporary off premises 250.00 0.00 Class K, temporary tasting 0 .00 permit Class L, BYOB 250.00 Maximum Number Investigation/ Annual Of Licenses Which Application Class May Be Issued Village's actual out Fee 5* of pocket costs Class A, full Iiquor $1,000 .00 Village's actual out 1,000 .00 Class B, beer/ 1,000 .00 wine 3,500 .00 10 of pocket costs Class C. club/ ?50 .00 consumption on premises Class D, full package sale 1,000 .00 Class F, restaurant, full 1,000 .00 liquor Class F, food /specialty I,000.00 stores, full package sale Class G, special event 0 .00 Class H, caterers.. full 250.00 liquor Class I, caterers, beer /wine Class J, temporary off premises 250.00 0.00 Class K, temporary tasting 0 .00 permit Class L, BYOB 250.00 Maximum Number Investigation/ Annual Of Licenses Which Fingerprint Fee Fee May Be Issued Village's actual out $2.750 .00 5* of pocket costs Village's actual out 1500 .00 10 of pocket costs Village's actual out 1,000 .00 2 of pocket costs Village's actual out 3,500 .00 10 of pocket costs Village's actual out of pocket costs Village's actual out of pocket costs Village's actual out of pocket costs Village's actual out of pocket costs Village's actual out of pocket costs 2,750 .00 2,500 .00 20 15 0 .00 3 for any location at the same time; minimum 5 per organization per year 2,500.00 5 1,000.00 5 Village's actual out 50.00 per 6 per year per of pocket costs day licensee Village's actual out 50.00 per I per week per Of pocket costs day licensee Village's actual out 500.00 of pocket costs 15 Note: I. The annual fee for a class H license held by the same licensee holding aclass A, class C or class E license shall be $1.250.00. • °rior to December 31, 2012, Up to 5 holders of Class B or Class E licenses in good standing may transfer their current license to a Class A license even if no Class A licenses are available - (Ord. 11 -25, 6 -27 -2011) 4 -3 -10: LICENSE APPLICATION: 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. 1 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. 11. 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 I 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 munber 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 pen-nit 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 financial background of the applicant and business to be licensed. 24. A statement that all persons required to be listed 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 Iisted 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 Taws 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 licensed 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 Iicensee'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: I . 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 all 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 pie 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 Iicense 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 cheek, as determined by the chief of police.. H. An application for renewal of any previously issued license shall be filed prior to April I 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 Iiquor to customers, guests, or patrons for consumption on or off the Iicensed 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. J 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 Iiquor commissioner. (Ord. I I -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 Iicensee 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 liquor 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 Iicense 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 ANWOR REVOCATION: A. In addition to other grounds specified in this chapter, the commissioner shall refuse the issuance or renewal of a license, or suspend or revoke the Iicense, of any Iicensee or applicant, for any of the following conditions qith respect to an owner, licensee, applicant, manager or bartender except as otherwise provided in subsection B of this section and subsection 4 -3 -2013 of this chapter: I . A person under the age of twenty one (21) years. 1 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 pan dering, 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. lf. 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 Iicensed 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 liquor 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 Iiability amounts required by the act or one million dollars (SI A0,000.00), 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 Iicensee 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 licensee 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. 24. A person whose license under this chapter or the act has been revoked for cause within the past twelve (12) months. M. 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 Iiquor, 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 Al 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, 1, 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 lights of all outside advertising display or illuminating signs of licensed premises shall be turned off at one o'clock (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. 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 Iiquor 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 license 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 shalt 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: L 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. I. 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 mariner that will allow inspection, upon demand, by any designee of either the state of Illinois liquor control commission or the local Iiquor 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. L 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 Iicensee 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 licensee 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 unseated and open condition. 9. 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 licensed premise including but not limited to all outdoor areas during the business hours and /or any time the licensed premise is occupied. The Iicensee, 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 shalt 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 Gaming 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 gaining 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 Gaming 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) . 8. 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 gaining 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 garbling 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 -16: 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 Iicensed 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. D. No licensee shall directly or indirectly sell, give, or deliver alcoholic Iiquor to any intoxicated person or to any person known to him to be an alcoholic. E. No person shall transport, carry, possess or have any alcoholic Iiquor 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 Iicensee 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 licensee 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 any 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 licensee, 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 MI 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 licensed 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 licensed 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 NI a through N1 e of this section. 2. Nothing in subsection N 1 of this section shall be construed to prohibit a licensee from: a. Offering free food or entertainment at any time; b. Including drinks of alcoholic liquor as part of a meal package; C. hrcluding drinks of alcoholic liquor as part of a hotel package; d. Negotiating drinks of alcoholic liquor as part of a 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 MIN0RS: 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 (2 1 ) years. B. No person or licensee 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 famish a valid state of Illinois picture LD. 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 (21) to be or remain at any establishment where the sale of alcoholic liquor is the principal business unless accompanied by his or her parent or guardian, or any lawful employee eighteen (18) years of age or older. F. No parent or guardian shall perm t his or her child to violate any of the provisions of this section. G. No person under the age of twenty one (21) 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. L No person under the age of twenty one (21) 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 1 ) 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 Iicensee shall permit any employee or any person under the age of twenty one (2 t) 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 (2 1) 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 (21) 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, fix ores, 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 manner 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 licensed 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 licensed 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 TIDE LOCAL LIQUOR CONTROL COMMISSIONER: A. The commissioner, after conducting an administrative hearing, may revoke or suspend any license issued by him orimpose 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: I . 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 licensed 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. E. 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 shalt be in accordance with title 1, 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 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 license. 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 prog ram; 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: L 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 a renewal application, the Iicensee 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 E1 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 five (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; 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 appeal 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. S. 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 Iicense 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 Iicense may be rejected or revoked. E. Any person under the age of twenty one (21) 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 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 -19 of this chapter. (Ord. 08 -22, 5 -12 -2008) Fool note 1: 235 iLCS 5 11 -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 eompetentjurisdiction, the remaining sections, terms, provisions, and conditions, shall remain in full force and effect. SE.,CTION 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, 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 shalt 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 10 "' day of September 2012. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 10 '' day of September 2012. Tony S. Kalogerakos, 'Village Clerk Village of Morton Grove Cook County, Illinois LeEislative Summary Ordinance 12 -3I AMENDING TITLE 45 CHAPTER 2B AND CHAPTER 2C OF THE MUNICIPAL CODE 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 Reviewed ENTITLED AMUSEMENTS August 13, 2012 To amend Title 4, Chapter 2B, 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 gaining 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 aClass 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 Prepared by: VKag,6 Administrator Teresa Hoffman Mark Erickson, Chief of Police Counsel ORDINANCE 12 -31 AN ORDINANCE AMENDING TITLE 4, CHAPTER 2B ENTITLED AMUSEMENTS 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 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 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'.): Title 4, Chapter 2B, entitled BILLIARD AND POOL HALLS is hereby amended by repeating Titre 4, Chapter 2B, 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 BOUITING ALLEY'S 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`x' day of September 2012. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Great Marcus Thill Toth APPROVED by me this 10`x' day of September 2012. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois 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 Legislative 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: August 13, 2012 Synopsis: 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, Purpose: 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. Background: i 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 I 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. Programs, Departs Administration and Legal Departments or Groups Affected Fiscal Impact., N/A Source of Funds: N/A Workload Impact: The Village Administrator and Corporation Counsel will oversee implementation of the Plan. Admin Recommend: Approval as presented Second Reading: The second reading will be September 10, 2012. Special Consider or None Requirements: _ Respectfully submitted: Prepared by: Teresa Administrator Corporation Counsel DESIGNATING THE DEMPSTER WAUKEGAN BUSINESS DISTRICT AND APPROVING THE DEMPSTER WAUKEGAN BUSINESS DISTRICT REDEVELOPME NT PLAN IN THE VILLAGE OF MORTON GROVE 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 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 I I 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 Plan "); 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 spalling, 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: NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: Iq 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: 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. SECTIONS: Superceder; Effective Date. All ordinances, resolutions, motions or orders in conflict herewith be, and the same hereby are, repealed to the extent of such conflict, and this Ordinance shall be in full force and effect immediately from and after its passage and approval. PASSED THIS 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, ATTESTED and FILED in my office This I I `" day of September 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Damet.l. Staackmann, Village President Village of Morton Grove Cook County, Illinois 4 EXHIBIT A TO ORDINANCE I2 -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 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 STEELPS 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 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 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 OF LOT 5 IN FINK AND OTHERS SUBDIVISION, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18 AND NORTH HALF OF SECTION 19 ACCORDING TO THE PLAT THEREOF RECORDED APRIL 12, 1893 AS DOCUMENT NO. 1847465; THENCE SOUTHERLY ALONG SAID NORTHERLY EXTENSION AND WEST LINE TO THE SOUTHWEST CORNER OF SAID LOT 5; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 5 TO THE NORTHWEST CORNER OF LOT 460 IN THE FIRST ADDITION TO DEMPSTER - WAUKEGAN ROAD SUBDIVISION, BEING A SUBDIVISION IN SAID NORTH HALF OF SECTION 19, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 11, 1927 AS DOCUMENT NO, 9576777; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 460 AND THE SOUTHERLY EXTENSION THEREOF TO THE NORTHWEST CORNER OF LOT 430 IN SAID FIRST ADDITION TO DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 430 AND THE SOUTHERLY EXTENSION THEREOF TO THE NORTHWEST CORNER OF LOT 401 IN SAID FIRST ADDITION TO DEMPSTER- WAUKEGAN ROAD SUBDIVISION; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 401 TO A POINT ON A LINE MEASURED PERPENDICULAR TO THE WEST RIGHT -OF -WAY LINE OF WAUKEGAN ROAD AT A POINT 355.29 FEET (AS MEASURED ALONG SAID WEST RIGHT -OF WAY LINE) SOUTH OF THE NORTHEAST CORNER OF LOT 206 IN SAID FIRST ADDITION TO DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE EASTERLY ALONG SAID PERPENDICULAR LINE TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF WAUKEGAN ROAD; THENCE SOUTHERLY ALONG SAID WEST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE WESTERLY EXTENSION OF THE SOUTH LINE OF THE NORTH 330 FEET OF LOT 2 IN WHITE'S SUBDIVISION, BEING A SUBDIVISION IN SAID NORTH HALF OF SECTION 19, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 6, 1882 AS DOCUMENT NO. 368124; THENCE EASTERLY ALONG SAID WESTERLY EXTENSION AND SOUTH LINE OF THE NORTH 330 FEET TO A POINT ON THE 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. 6 EXHIBIT B TO ORDINANCE 12 -28 STREET LOCATION OF BUSINESS 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. 11 EXHIBIT C TO ORDINANCE 12 -28 DEMPSTER W.AUKEGAN BUSINESS DISTRICT REDEVELOPMENT PLAN ■ / . ƒ\ 4: /\ �e / t ° Li _ � i 2 \ Lt � % - \ � � / /\ § \\ \\ \ \ z / . ƒ\ 4: /\ �e / t ° _ � i 2 \ Lt � % - \ � � / /\ § \\ \\ \ \ z / . ƒ\ 4: /\ �e Lt / . ƒ\ 4: /\ �e E o _ E 0 0 w c 0 z - E Ll LL C r o EL r x m Ll C r o o = c s - � e a3a E a ' 0 z 0 a > ac E =, a= c 0 z 0 a ,I e so �ol � 3 wCl 3 � � I i > 1 G I I T r C m Q 4: C - C II _ 6 Imo I� lj £ , I � ^ L_ � > n i 1 i• J. iv ✓'� 11 .� I'_'- _ ---a- i � L ,I e so �ol � 3 wCl 3 � � I i > 1 G I I T r C m Q 4: C - C II _ 6 Imo I� lj £ , I � ^ L_ � > n iv ✓'� 11 .� I'_'- _ ---a- ,I e so �ol � 3 wCl 3 � � I i > 1 G I I T r C m Q 4: C - C II _ 6 Imo I� m m V = 3 gi m 3 I '9 C C p G u � � I � � � � 1 LJ LJ � o I m m V m 3 � 3 } C � c � S u C ` O � o � _ - > _ 3 _ _ _ a s _ � � � � d _ - � > e c" _ a 7 0 0 m� L z R a C u p C W _ � r > 3 E D N Z m W T C Z c E 3 Ci9 LI Y .� a M G W a _ w > E E - .. o- c Q E v o „, m�- — _ - - M 3 0 c D Z I } 9 T m i - - a o 3 3 G F I Mjc o sc` FvE o o a c u �z Ao E `o =s E 0 wo c� w� ma 'c C� Qw C� 2¢ _z ro �g � L �d z w m p D u 2 9 O W p c O r > v 0 u CD =G �C oa v° m .- a'. ,v �Z N Q uw v> nD E? 0 0 �V^ u Z rt � o E w Z2 3 c c C G �G m� 00 d0 n 5 tp w n� �c G^ �p l:r i v; 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O ° ' a 2• C O p r- 2 2 C�° ° 2° r°- m a 2 � Z< w C Z- tt D ?, 'ate D.o a 3z o e���w 3« c oczs opD> �oc`W�a -• D >_` - � °-°` D d o °; ° o p c w < z o a s' o w �° o° w V S wi C f D O z u: w° D` y n l9 2 C D V m w m w ✓i a_ z D w 3 o m > p b O - Z Ox x � "_".0 "' w u N 2 H� O w Z �^ x o w C 2 w =< vi ✓• p �? � S N` a O� m D D -' Q E D ° � z e z =_ z �= z x z a � t� < z_ o� •• 3 x �- , � t� p Z< � z x r z m z z c a p D Z O c 0°� u °m mac z p,�xzzy o - -� a O? z m p< ° D' LL< o c 3 0 D N° G D D} O D s C D a 2 C Q Z G C a z o ES m L ozo v < - � < \{ LU 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 sot 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 sate 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 the a certified copy of the Ordinance with the Illinoir-Denartment of Revan„e Prepared by: Teresa Hoffman Liston, 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 limited 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 1/4 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 making 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 114 of 1% 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. SECTION 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: Enforcement, 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 shall require under the Business District Act to provide for administration and enforcement of the Business District Taxes hereby imposed. 2 SECTION &: 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: Superceder. 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 fallowing the adoption and filing of this Ordinance with the Department of Revenue, if filed on or before the preceding October 1 st. PASSED THIS 10" day of September 2012 Trustee Trustee Trustee Trustee Trustee 'Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS 10"' day of September 2012 ATTESTED and FILED in my office This I I'h 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 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 _ I 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: Respectfully submitted: t „_ d(� _ Rya. J. Ho e, illage Administrator Prepared by: 11 " Reviewed by: y De Monte, Director of Public Works Teresa I foffman 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. �• r _ • 3110 ••,. 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'.): 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 DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS 1 Oth DAY OF SEPTEMBER 2012 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 11 th DAY OF SEPTEMBER 2012 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 12 -66 AUTHORIZATION FOR THE PURCHASE OF A 2013 FORD F -450 CHASSIS CAB WITH UTEM TELESCOPIC AERIAL DEVICE THROUGH THE NORTH SUBURBAN PURCHASING PROCUREMENT PROGRAM Introduced: September 10, 2012 Synopsis: As a member of the Northwest Municipal Conference, the Village of Morton Grove takes advantage of the Conference's competitive bidding process known as the Suburban Purchasing Cooperative Procurement Program, which is a joint purchasing program for local government agencies representing 143 municipalities Purpose: fo replace a 1988 Ford F350 Aerial with high mileage assigned to the Street Department Forestry Division. Background: The Public Works Department routinely reviews vehicles and equipment for fuel economy, safety, dependability, age, and excessive repair cost, Replacing or eliminating equipment that no longer meets the department's needs. Programs, Departments I i Public Works and Finance Departments. or Groups Affected Fiscal Impact: Funding in the 2012 Public Works Adopted Budget has been approved in the amount of 5223,335 for replacement of vehicles and equipment. There is a remaining balance of $119,242.15 and the vehicle replaced at this time will be in the amount of $74,821.00. Source of Funds: General Fund Workload Impact: The implementation of the program is done as part of the normal operations of the Public Works and Finance Departments. Admin Recommend: Approval as presented. First Reading: Not required. Special Considerations None. or Requirements: Respectfully submitted: ud!t Reviewed by J /Flpr�, ill'ge Administrator A dy DeMonte, Dir of Public Works Prepared by: Paul Works Street Superintendent a Reviewed by:_ Y ✓ Teresa HoTfna Lis on, Corporation Counsel s TO AUTHORIZE THE PURCHASE OF A 2013 FORD F -450 4X2 CAB & CHASSIS WITH A UTEM TELESCOPIC AERIAL DEVICE TRUCK THROUGH THE NORTH SUBURBAN PURCHASING COOPERATIVE PROCUREMENT PROGRAM WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Suburban Purchasing Cooperative representing 143 municipalities conducted a bidding process for the purchase of a 2013 Ford F -450 Cab & Chassis Trucks with Utem Telescopic Aerial Devices, and the low bidder for said purchases was Currie Motors Fleet, 9423 W. Lincoln Highway, Frankfort, Illinois 60423; and WHEREAS, the Village as a member of the Northwest Municipal Conference has previously utilized the North Suburban Purchasing Cooperative Procurement Program for purchases of vehicles; and WHEREAS, the Village Board approved the 2012 Adopted Budget on December 12, 2011, as Ordinance 11-47, which included an account number 025017-572010, in the amount of $223,335 providing funding for vehicles and equipment replacement; and WHEREAS, the description and purchase price for the vehicle is as follows: 2013 Ford F -450 XL 4x2 Cab & Chassis with Utem Telescopic Aerial Devise truck: Total: $74,821.00 NOW, THEREFORE, BE I "F RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION I: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: That only those companies listed and described on this Resolution for the purchase of a 2012 Ford F -450 4X2 Cab & Chassis with UTem Telescopic Aerial Devise truck be approved in this Resolution. SECTION 3: The Director of Public Works and Finance Director of the Village of Morton Grove is hereby authorized to execute the Purchase of a 2013 Ford F -450 4X2 Cab & Chassis with UTem Telescopic Aerial Devise truck for a total amount of $74,821.00 from Currie Motors Fleet, 9423 W. Lincoln Highway, Frankfort, Illinois, 60423. SECTION 4: This Resolution shall be in full force and effect from and upon its passage and approval. Passed this 10 °' day of September 2012. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth Approved by me this 10 °i day of September 2012 Daniel J. Staackmann, Village President Village of Morton Grove Cools County, Illinois Attested and Filed in my office This 11 `" day of September 2012 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois January 26, 2012 Currie Motors Mr. Thomas Sullivan 9423 W. Lincoln Highway Frankfort, IL 60423 Dear Mr. Sullivan, This letter is to inform you that the Suburban Purchasing Cooperative's Governing Board has approved a one year contract extension with Currie Motors, Frankfort, IL for the following four SPC vehicle contracts: Ford F -250 XL Regular Cab 2 WD DRW Contract 9103 Ford F -350 XL Regular Cab 2WD DRW Contract #104 Ford P-450 XL Chassis Cab' WD DRW Contract 9106 Ford F -550 XL Chassis Cab 2 WD DRW Contract #107 The extensions have been approved from January 22, 2012 through January 21, 2013. These are the first of three (3) possible one year extensions. With acceptance of Ihesc contract extensions, Currie Motors, Frankfort, IL agrees to all terms and conditions set forth in the specifications contained within the original Requests for Proposal to which you responded. The SPC reserves the right to extend these contracts for two additional onc- year terms upon mutual agreement of the both the vendor and the SPC on a negotiated basis. Currie Motors FrankfQxt IL will handle all billing. Each vehicle purchased DwPagc a /a}rors & will ire assessed 8911 County a U00.00 administrative fee per vehicle which shall be paid directly by the vendor io the SPC on a guarterly basis. Ed Parcel The SPC looks forward to another productive year working with Currc Motors. Please sign and date this agreement below, retaining copies for your files and retuning the original to my attention. Sincerely, 1� tA� l mn b .1 /�n ranNorthwest Municipal ferencc Program Manager for Purchasing 1, ante: Ellen I ya l Date Itidrthwest Munio3 al Conference Name: Thomas Sullivan Date Currie Motors DwPagc a /a}rors & NalrlatMst bfunicipal South Suburban Mayon 8911 County Monagm Conference 1220 Oak Brook Road Conference 1616 Eav GoI(Roadt And Managers Association 1404 tVen 1744 Strecr Gnrernnrental Laague 31St) Tliwdore Street, Suite 101 Oak Brook. IL 60323 Des Phnwrs, IL 60016 con H"I Cnar. 11. 60429 Jolter, IL 604125 Suzette QuInte11 Ellm Dttrao Ed Parcel Cherie Refnar Phoor:(630) 571.0460 Phonc. 04712196-V200 Phone. (7081 206 -1155 Phone (815) 724.3535 Far. (6319 571 -0464 Far: (6471 296-9207 Far:(Plet 206-1133 Fax: 815) 729 -3536 90E -d 100 /100'd POP -1 005LP905191 dnatej airmy1Yo83 ndVP :PO ZI- 9Z -Hvr Currie Motors Fleet Presents... EjK#WIDJ=# FUMM #r Prepared For Mr. Paul Tobin Prepared BY Thomas F. Sullivan Prepared ore: March 30, 2012 Prepared For: Mr. Paul Tobin Village Of Morton Grove 7840 N. Nagle Morton Grove, Illinois, 60053 Vehicle Profile Prepared By Thomas F. Sullivan Currie Motors Fleet 9423 W. Lincoln Highway Frankfort, Illinois, 60423 Phone, 815- 464 -9200 Fax 815- 464 -7500 2012 Ford F-450 Chassis 4x2 SD Regular Cab 166" WB DRW XL (174G) Powertrain Triton 6.81 V -10 SOHC SMPI 30 valve engine * 155 amp HD alternator * 750 amp 78 amp hours (An) HD battery with run down protection * Transmission oil cooler * 5 -speed electronic SelectShift automatic transmission with overdrive, lock -up, driver selection * Rear -wheel drive * Driveline traction control * 4.88 axle ratio * Stainless steel exhaust Steering and Suspension Hydraulic power- assist re- circulating ball steering * 4 -wheel disc brakes with front and rear vented discs * Firm ride suspension * Mono -beam non - independent front suspension * Front anti -roll bar * Front coil springs * HD front shocks * Rigid rear axle * Rear leaf suspension * Rear anti -roll bar * HD rear leaf springs * HD rear shocks * Front and rear 19.5' x 6.00" argent steel wheels * LT225f70SR19.5 BSW AS front and rear tires * Outside rear mounted full -size steel spare wheel Safety 4 -wheel anti -lock braking system * Dual airbags, passenger side front - impact cancellable airbag, seat mounted driver and passenger side - impact airbags, curtain 1 st row overhead airbag * Front height adjustable seatbe is Comfort and Convenience Air conditioning * AM /FM stereo, clock, seek -scan, 2 speakers, fixed antenna * 2 12V DC power outlets * Analog instrumentation display includes tachometer, oil pressure gauge, engine temperature gauge, transmission fluid temp gauge, engine hour meter, exterior temp, systems monitor, trip odometer * Warning indicators include oil pressure, engine temperature, battery, lights on, key, low fuel, door ajar, service interval. brake fluid * Steering wheel with tilt and telescopic adjustment * Manual front windows with light tint * Variable intermittent front windshield wipers * Passenger side vanity mirror * Day -night rearview mirror * Interior lights include dome light with fade, front reading lights * Glove box, front cupholder, instrument panel bin * Upfitter switches Seating and Interior Seating capacity of 3 * 40 -20-40 split -bench front seat with adjustable head restraints, center armrest with storage " 4 -way adjustable driver seat includes lumbar support * 4 -way adjustable passenger seat * Vinyl faced front seats with vinyl back material * Full cloth headliner, full vinyl /rubber floor covering, ptastidrubber gear shift knob, chrome interior accents Exterior Features Side impact beams, front license plate bracket, fully galvanized steel body material, side steps * Black fender flares Black side window moldings, black front windshield molding * Black door handles * Black grille * 2 doors * Trailer harness * Driver and passenger manual black folding manual extendable trailer outside minors * Front black bumper with front tow hooks * Aero- composite halogen headlamps * Additional exterior lights include cab clearance lights, underhood light * Clearcoat monotone paint Prices arid content avaliabi6ty as shown, are sub)ecl to change and should be treated as estimates only. Actual base vehicle, package and option pnong may vary from this stlmate because of soecial local O�ang, availahilily or pricin5 apjustments no[ refleGetl N Ne gealef s wmpvte! system. See salesperson for the most cunenl inlonnation. Reference CT052052d2 111t4R011 Printed on March 30, 2012 at 13:54 Price Level: 225 puotefD: MG41 Foot Page 2 Vehicle Profile, Continued Prepared For: Mc Paul Tobin Prepared By: Thomas F. Sullivan. Dealership: Currie Motors Fleet Warranty Basic . ..... I......... ........ 36 month /36,000 miles Powertrain ... — .................. ... 60 month /60,000 miles Corrosion Perforation ... 60 month /unlimited mileage Roadside Assistance .... _...... 60 month/60,000 miles Dimensions and Capacities Output ........... .. ................... _._ 362 no @ 4,750 rpm Torque ............ ........ ............. 457 to -ft. @ 3,250 rpm 1st gear ratio .................. ............................... 3.110 2nd gear ratio ................. ............................... 2.220 3rd gear ratio ................. ............................... 1.550 4th gear ratio .................. ............................... 1.000 5th gear ratio .................. ............................... 0.710 Reverse gear ratio 2.880 Curb weight .......... . . ........ ............... ......,. 6,7931bs. GVWR ..... .._......................................... 16,500 lbs. Front GAWR --- ..... .... ......... ._....... 5,200 lbs. Rear GAWR Weight ... .. ................. .......... 12,000 lips, Payload ....... ........................ _.................. 91847 lbs. Front curb weight ................ _...... ___.......... 3,771 lbs. Rear curb weight ... .......... ...... .................. 3,022 Ids, Front axle capacity ............... _.................... 7,0001bs. Rear axle capacity ......... ._............ 12,000 lbs. Front spring rating ......... _ ..... _.... 5,200 Ids. Rear spring rating ... ............................... 12,000 lbs. Front tire /wheel capacity ............ _........ _...... 7,500 lbs. Rear tire /wheel capacity .. ................... Ids. Towing capacity ........... . .......... 16,000 lbs. 5th -wheel towing capacity ......... ............... 18,100 Ids, Front legroom 41.1 " Front headroom .............. ............................... 40.7 " ......................................... Front horoom ................ ............................... 67.6 „ Front shoulder room ,,,,,, , ............................... 68.0” Passenger area volume 65.9 cu. ft. Length ... .. .................. ....... .......... . _....._..., 250.5" Body width ..................... ............................... 93.9„ Body height ................................................... 80,4 " Wheelbase ................. ....... ................. 165.0 1, Cab to axle .................... ............................... 84.0 " Axle to end of frame ......... ............................... 47.6 „ Front tread .... .. .............................. ............... 74.8" Rear tread..................... ............................... 74.0„ Turning radius ............ ... ................................ 24.3' Fuel tank .................................................. 40.0 gal. Prices and content availability as shown, are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricng may vary, from this estimate because of special Iota! pddng, ayailabillty or pricing adjustments not reflected In the dealers computer system. See salesperson for the most Current information. Reference CT05205242 11/14=1 1 Printed on March 30, 2012 at 13:54 Price Level: 225 QuotelD: MG41 Foot Page 3 Prepared For: Mr. Paul Tobin Village Of Morton Grove 7840 N. Nagle Morton Grove, Illinois, 60053 Selected Options Vehicle Snapshot Prepared By Thomas F. Sullivan Currie Motors Fleet 9423 W. Lincoln Highway Frankfort, Illinois, 60423 Phone: 815 -464 -9200 Fax. 815 -464 -7500 Engine: 6.81- 3 -Valve SOHC EFI V10 Transmission: TorgShift 5 -Speed Auto wl Rear Axle Ratio: 4.88 GVWR: 16,500 to Payload Package 2012 Ford F -450 Chassis Code Description Class MSRP F4G Base Vehicle Price (F4G) STD 33,135.00 Packages 650A Order Code 650A OPT N/C (99Y) Engine: 6.8L 3 -Valve SOHC ER V10, (44T) Transmission: TorgShift 5 -Speed Auto i Includes SelectSmi (X48) 4.88 Axle Ratio; ( STDGV GVWR: 16,500 to Payload Package, (TFB) Tires 225x70Rx19.5G BSW AS (6); (64Z) Wheels: 19.5' Argent Painted Steel (6); (A) HD Vinyl 40/20/40 Split Bench Seat. Includes driver side manual lumbar, center armrest, cupholder and storage,; (587) Radio. AM /FM Stereo : Includes digital clock and 2- speakers Powertrain 99Y Engine: 6.81- 3 -Valve SOHC EFI V10 INC Included Torque: 457 ft.lbs. @ 3250 rpm. 44T Transmission: TorgShift 5 -Speed Auto w /OD INC included Includes SelectShitt. X48 4.88 Axle Ratio INC Included STDGV GVWR: 16,500 lb Payload Package INC Included Wheels & Tires TFB Tires: 225170Rx19.543 BSW AS (6) INC Included 64Z Wheels: 19.5" Argent Painted Steel (6) INC Included 512 Spare Tire & Wheel OPT 350.00 (61J) 6-TOn Hydraulic Jack. Excludes carrier. REQUIRED in Rhode Island. Seats & Seat Trim Pnces and content availability as shown, are subject to change and shoum be treated as estimates only Actual base vehlGe, package and option prong may vary from this estimate because of spedal local pricing, availability or prong adjustments not directed In the dealer s computer system. See salesperson for the most cuvent intommorm. Reference C705205242 it/1412011 Printed on March 30, 2012 at 13:54 Price Level: 225 QuotelD: MG41Foot Page 4 Seieeted OptiOt43 Conthaued Prepared For: Mr. Paul Tobin Prepared By: Thomas F. Sullivan Dealership: Currie Motors Fleet Code Description Class MSRP A HD Vinyl 40120140 Split Bench Seat INC Included Includes driver side manual lumbar, center armrest cupholder and storage. Other Options PAINT Monotone Paint Application STD N/C 165WB 165" Wheelbase /84" Cab to Axle STD N/C 611 6 -Ton Hydraulic Jack INC included REQUIRED in Rhode Island 18B 6" Angular Molded -in -Color Black Running Board OPT 320,00 587 Radio: AM /FM Stereo INC Included Includes digital clock and 2- speakers. Interior Colors For: Primary w/XL (Begs) AS Steel OPT N/C Primary Colors For: Primary vv/XL (Begs) Z1 Oxford White OPT NIC Accessories and Aftermarket Options C -03 Shop Manual $295.00 CD -Rom UT -01 UTem Hon- Insulated Telescopic Aerial Device 41' $44,520,00 MORTON GROVE - UTEM UTL141 NON - insulated, Articulated/Telescopic Aerial Device - Truck Mount Pedestal - Turret, Stowed Height 10ft. 4gr (3.14m) - Steel Boom with Hydraulic Leveling - Steel Lower Boom - Side Mount Channel Platform Support - Toggle Switch Upper Controls - "HE" Hydraulics (Includes Start/Stop) - On /Off 5 -Spool Valve (Hydraulic Leveling) - 540 Degree Non - Continuous Rotation - Chassis Pedestal Mount - 3501b. (159kg) Platform Capacity - Emergency Lowering with "HE" Hydraulics - UTEM White Powder Coat - 24x24x42 Fiberglass LH Duck Under Basket W /Chain - 11' Service body - Installed 44, 520.00 Aerial Options: - Proportional Controls 643.00 - Continuous Rotation 774.00 - End Mount Platform 301.00 - Manual Platform Rotator 510.00 - Hydraulic Platform Rotator 1,671.00 - Hydraulic Toot Circuit (Requires Manual Two Speed Throttle) 178.00 - Manual Two Speed Throttle (Signal Only) 166.00 Quote Accepted By X Date: P.O.: Rivas and content availability as shown, are subject to change and should ins treated as estimates only Actuai base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or oblong adjustments not reflected in the dealers computer system. See salesperson for the most current mtovnaden. Reference CT052052421111412011 Printed on March 30, 2012 at 13:54 Price Level: 225 QuotelD: MG41Feot Page 5 Selected Options Continued Prepared For: Mr. Paul Tobin Prepared By: Thomas F. Sullivan Dealership: Currie Motors Fleet Code Description Class MSRP Vehicle Subtotal $785620.00 Fuel Charge $0.00 Destination $995.00 Vehicle Subtotal (including Destination) $79,615.00 Prices and Outdoor availab0ity as shown, are subject to change and should de treated as estimates only AOtuef base venlde, package and option pricing may vary from finis meth ale because of special IndsI Onung, availability or Donna adjustments not rejected In the dealers Computer system See sales Person for the most current efermado0. Reference CT05205242 111142011 Printed on March 30, 2012 at 13:54 Price Level: 225 puotelD: MG41 Foot Page 6 Prepared For: Prepared By: Mr. Paul Tobin Thomas F. Sullivan Village Of Morton Grove Currie Motors Fleet 7840 N. Nagle 9423 W. Lincoln Highway Morton Grove, Illinois, 60053 Frankfort, Illinois, 60423 Phone: 815 -464 -9200 Fax. 815 -464 -7500 00 1 Gluotation 2012 Ford F-450 Chassis ... 4x2 SD Regular Cab 165' WS DRW XL (F4G) ' Vehicle Snapshot Engine: 6.8L 3 -Valve SOHC EFI V10 Transmission: TorgShift 5 -Speed Auto WOO Rear Axle Ratio: 4.88 GVWR: 16,500 to Payload Package Description MSRP Vehicle Price (excluding option discounts) $781620.00 FDAF Assessment 0.00 Vehicle Subtotal $78,620.00 Option Credits 0.00 Other (Discount)Margin (4,794.00) Incentives 0.00 Total Other Items (47794.00) Net Selling Price $73,826.00 Destination 995.00 Total Quote $74,821.00 TOTAL $74,821.00 Customer Signature Acceptance Date Prices and content avail tality as shown . are subject to Change ano should be treated as estimates only Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing. availability or pricing adjustments not retained In the dealers computer system. See salesperson for Me most current information. Reference CT0520 52 4 2 11114{2011 Printed on March 30, 2012 at 13:64 Price Level: 225 Quel lD: MG41 Foot Page 7 Prepared For: Mr. Paul Tobin Village Of Morton Grove 7840 N. Nagle Moron Grove, Illinois, 60053 = Thomas F. Sullivan Currie Motors Fleet 9423 W. Lincoln Highway Frankfort, Illinois. 60423 Phone: 815- 464 -9200 Fax. 815 -464 -7500 2012 Ford F -450 Chassis 4x2 SD Regular Cab 165" WB DRW XL (174G) Description Months /Distance Basic.- ............................ ............._.._......_....._..................._......._....... ......................._..... 36 month /36,000 miles Powertrain...... .-- ................... ._...................... __........... ..... ,......_.. ........ .............. , _.............,.. 60 month /60,000 miles Corrosion Perforation ... ... ,.._. .................................. ................. ..__.........._........._...... 60 month /unlimited mileage Roadside Assistance . .............. ..........................................._......_._..... ._.............._............_. 60 month /60,000 miles Prices and content avab ddlity as brown, are predict to change and snoNb be treated as estlmates only Actual base oppose, paGaage and option prisng may vary from this estimate because of special loop l prlang, availability or pnring atliubtmente not reflected In the deals -& computer system_ see salempersen for the most current information. Reference CT05205242 11/1412011 Printed on March 30, 2012 at 13:54 Price Level: 225 QuoteiD: MG41 Foot Page Legislative Summary _Resolution 12-67 AUTHORIZING THE ANNUAL VETERANS DAY PARADE Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: September 10, 2012 This resolution will authorize the 2012 Veterans Day Parade to cross Dempster Street at Georgian, Georgiana to Crain., east on Crain to School. South on School to Lincoln, west on Lincoln to the Morton Grove Public Library and back, from 1:00 pm to 3:00 pm on Sunday, November 11, 2012, which will require the closing of Dempster Street, Route 58, either partially or completely at Georgiana Avenue. The Illinois Department of Transportation requires the Village adopt a resolution approving the closing of Dempster Street. The resolution also authorizes the Village Engineer to file an application through the Illinois Department of Transportation for the closing of Dempster Street, Route 58, from 1:00 pm to 3:00 pm on Sunday, November 11, 2012, for the Annual Veteran's Day Parade, The Village of Morton Grove has been conducting Veterans Day Parades for a great deal of time and each year a resolution of this nature is developed authorizing the parade and assuming responsibility for the direction, protection, and regulation of traffic during the time the detour is in effect and all liabilities for damages of any kind occasioned by the closing of said state route. It is further agreed efficient all - weather detours will be maintained and continuously marked and jurisdictionally police patrolled for the benefit of the traffic deviated from the state route. Public Works — Placement of barricades and directional information Police Department—Enforcement and traffic control Overtime associated with above activities General Fund dollars will be used to support the manpower and equipment costs All Village Departments will provide their usual support for this activity Approval None required Special Considerations or 1 None Requirements: Respectfully submitted: Ryan. Horne, dlage Administrator Prepared by:i`,%�y`� Reviewed by: And eMonte, Public Works Director Teresa Corporation Counsel 1.79T.Yf • ► , AUTHORIZING THE ANNUAL VETERANS DAY PARADE WHEREAS, Morton Grove Post 134 of the American Legion of the Village of Morton Grove desires to hold their annual VETERANS DAY PARADE by crossing Dempster Street, Route 58, at Georgiana, and will proceed down Georgiana to Crain, east on Crain to School, south on School to Lincoln, west on Lincoln to the Morton Grove Public Library and back from 1:00 p.m. to 3:00 p.m., on Sunday, November 11, 2012; and WHEREAS, said parade will require the closing of Dempster Street, Route 58, either partially or completely between Fernald Avenue and Austin Avenue; and WHEREAS, the State of Illinois requires the Village of Morton Grove to assume all responsibility and liability involved in the closing of said highway. 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 said Village will assume full responsibility for the direction, protection and regulation of traffic during the time the detour is in effect and all liabilities for damages of any kind occasioned by the closing of said State route. It is further agreed that efficient all weather detours will be maintained, conspicuously marked and judiciously police patrolled for the benefit of traffic deviated from the State route. SECTION 3: This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 10" day of September 2012 Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee 'Toth APPROVED BY ME THIS 10`x' day of September 2012 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED AND FILED in my office This 1 I"' day of September 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 12_ -68 ,, AUTHORIZING A HIGHWAY AUTHORITY AGREEMENT AND A TIERED APPROACH TO CORRECTIVE- ACTION OBJECTIVES SUPPLEMENTAL AGREEMENT BETWEEN BUCHANAN ENERGY (N), LLC AND THE VILLAGE OF MORTON GROVE RELATING TO THE PROPERTY LOCATED AT 7971 GOLF ROAD Introduced: September 10, 2012 Synopsis: To authorize the Director or Public Works to execute a Highway Authority Agreement and a Tiered Approach To Corrective- Action Objectives Supplemental Agreement with Buchanan Energy (N), LLC 1 ( "Buchanan ") relating to the property located at 7971 Golf Road. Purpose: This Highway Authority Agreement is a requirement of the [EPA in order for the property owners at 7971 Golf Road to receive a no further remediation letter and will protect human health and the environment in the . event there are contaminants within the right -of -way. The Highway Authority Agreement to be approved pursuant to this resolution will limit access to soil on Washington Street which might be contaminated as a result of underground storage tanks which are or were at 7971 Golf Road. The supplemental agreement requires Buchanan to indemnify and hold the Village harmless from losses directly or indirectly arising out of or in connection with the release of contaminants from the site, or the existence of contaminants from the site and to reimburse the Village. Background: I Buchanan owns a gas station located at 7971 Golf Road. At one time underground storage tanks were ` present at the site and contaminants were released from the underground storage tanks. Buchanan has the responsibility of removing these contaminants to IEPA standards, in order for Buchanan to receive a no further remediation letter from the IEPA,.the agency requires Buchanan and the Village to enter into a Highway Authority Agreement with respect to that part of Washington Street near the gas station. The Highway Authority Agreement will prohibit potable and domestic uses of ground water within the right -of- way, limits access to the Village and others to soil within the right -of -way, with respect to conditions where human health and the environment are protected. The Agreement does not prohibit the Village from constructing, reconstructing, improving, repairing, or maintaining the right -of =way. The Agreement shall remain effective until the right -of -way is demonstrated to be suitable for unrestricted use and the ]EPA issues a no further remediation letter. This resolution will also approve the supplemental agreement between Buchanan Energy (N), LLC and the Village whereby Buchanan will reimburse the Village for reasonable costs incurred in performing site investigations and for costs incurred by the Village to remove any contaminants, and will indemnify and hold the Village harmless for any loss associated with the release of contaminants or the existence of contaminants in the right -of -way. Programs, Departs I Public Works Department, and Legal Department or Groups Affected Fiscal impact: None Source of Funds: N/A Workload Impact: ; The Public Works Department shall administrate and monitor this contract as part of its normal workload Admin Recommend: Approval as presented. Second Reading: N/A Special Consider or ! None Requirements: Respectfully submitted: X " Ho _- R n J. rne, Village Administrator Prepared by: ("--- Chris Tomich, Village Engineer Reviewed by: Reviewed by. Teresa Hoffman Liston, Cofporation Counsel f fidy DeMonte, Director of Public Works AUTHORIZING A HIGHWAY AUTHORITY AGREEMENT AND A'TIERED APPROACH TO CORRECTIVE- ACTION OBJECTIVES SUPPLEMENTAL AGREEMENT BETWEEN BUCHANAN ENERGY (N), LLC AND THE VILLAGE OF MORTON GROVE RELATING TO THE PROPERTY LOCATED AT 7971 GOLF ROAD 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, Buchanan Energy (N), LLC, also referred to in this agreement as owner /operator are the owners or operator of that property commonly known as 7971 Golf Road, Morton Grove, Cook County, Illinois (the site); and WHEREAS, underground storage tanks presently are or formerly were located at the site; and WHEREAS, Buchanan Energy (N), LLC has completed an evaluation of the site and has determined there is no risk to human health and the environment with the use of proper institutional controls; however, soil and ground water concentrations at the property boundaries may extend into the right -of -way of Washington Street; and WHEREAS, the centerline of Washington Street is the corporate boundary between Morton Grove and Niles; and WHEREAS, the eastern portion of the right -of -way Lies within the Village and is under the Village's jurisdiction; and WHEREAS, as a result of one or more releases of contaminants from the referenced underground storage tanks, soil and /or ground water contamination at the site exceeds the Tier One Residential Remediation Objectives of 35 ILL.ADM.CODE 742; and WHEREAS, the soil and /or ground water contamination exceeding Tier One Residential Remediation Objectives extends or may extend into the Village owned public right -of -way; and WHEREAS, the owner /operator is conducting corrective action in response to the above referenced releases; and WHEREAS, the parties desire to prevent ground water beneath the Village's right -of -way which exceed 'Pier One Residential Remediation Objectives from use as a supply of potable or domestic water and to limit access to soil within the right -of -way which exceeds Tier One Residential Remediation Objectives; and WHEREAS, the Illinois Environmental Protection Agency has required the owner /operator to enter into the attached Highway Authority Agreement with the Village of Morton Grove in order to receive a closure letter; and WHEREAS, the Highway Authority Agreement will protect human health and the environment; and WHEREAS, the Supplemental Agreement will reimburse the Village for any costs which it incurs regarding the investigation or removal of contaminants, and will indemnify and hold the Village harmless from any loss associated with the release of contaminants from the site or the existence of contaminants in the right - of -way; and WHEREAS, the Corporate Authorities believe it is in the best interest of the health, safety, and welfare of the community to enter into these agreements. 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 of the Village of Morton Grove hereby approve the attached Highway Authority Agreement and Tiered Approach to Corrective Action Objectives Supplemental Agreement between Buchanan Energy (N), LLC and the Village of Morton Grove relating to that property commonly known as 7971 Golf Road, Morton Grove, Illinois, and regarding the Village's right-of-way commonly known as Washington Street. SECTION 3: The Director of Public Works and /or his designee is hereby authorized to execute, and take all steps necessary to implement and enforce the agreements. SECTION 4: This resolution shall be in full force and effect from and after its passage and approval. PASSED THIS 10" day of September 2012. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS I0'h day of September 2012. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED AND FILED in my office This I I "' day of September 2012, Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois TIERED APPROACH TO CORRECTIVE- ACTION OBJECTIVES SUPPLEMENTAL AGREEMENT This Supplemental Agreement ( "Supplemental Agreement ") to establish obligations of Buchanan Energy (N), LLC is entered into this day of by and between Buchanan Energy (N), LLC and the Village of Morton Grove, Iitinois ( "Village's, as follows: 1. This Supplemental Agreement is not binding upon the Village until it is executed by the undersigned representative of the Village and, prior to execution, this Supplemental Agreement constitutes an offer by Buchanan Energy (N), LLC. The duly authorized representative of Buchanan Energy (N), LLC has signed this Supplemental Agreement and this Supplemental Agreement is binding upon them, their successors and assigns until such time as the Illinois Protection Agency ( "IEPA") has approved the attached Highway Authority Agreement ( "HAA ") [Attachment Zj as an institutional control for the Site (as defined below) and for the closure of the Incident (as defined below). 1 Buchanan Energy (N), LLC is pursuing a corrective action of the property commonly known as ExxonMobil 10170 (05- BD3)Buchanan Store #415, 7471 Golf Road, Morton Grove, Cook County, Illinois ("Site "), and of the Washington Street right -of -way adjacent thereto (the "Right-of-Way"), as depicted in Attachment 1 as Exhibit C as set forth below. 3. Attached to the HAA as Group Exhibit B are tables prepared by Buchanan Energy (N), LLC showing the concentration of contaminants of concern ( "Contaminants ") in soil and/or groundwater within the Site, and which show the applicable Tier 1 soil remediation objectives for residential property and Tier I objectives for groundwater of the Illinois Pollution Control Board ( "IPCB "). Attached to the HAA as Exhibit C is a drawing prepared by Buchanan Energy (N), LLC which depicts the Right -of -Way and shows the area of estimated Contaminant impacted soil and/or groundwater where, at the time of this Supplemental Agreement, Contaminants are estimated to exceed the Tier I residential levels under 35 III. Admin. Code Part 742. As the drawings in the Exhibits are not surveyed plats, the boundary of the Right-of- Way in the Exhibits may be an approximation of the actual Right-of-Way lines. It is impracticable to sample the Right -of -Way for Contaminants; however, the parties believe that the area of the Right -of -Way is adequate to encompass soil and /or groundwater within the Right - of -Way possibly impacted with Contaminants from a release at the Site. 4. The Illinois Emergency Management Agency has assigned incident number 20041514 to the release at the She ( "Incident "). 5. Buchanan Energy (N), LLC intends to request risk- based, site specific soil and/or groundwater remediation objectives from the Illinois Environmental Protection Agency ("IEPA ") under 35 111. Admin. Code Part 742. (Original Issue Date_ 10110) 6. Under these rules, use of risk- based, site specific remediation objectives In the Right -of -Way may require the use of a Highway Authority Agreement as defined in 35 III. Admin. Code Section 742.1020. 7. The Village holds a fee simple interest or a dedication for highway purposes in the Right -of -Way, or the Right -of -Way is a platted street, and has jurisdiction of the Right-of- Way, For purposes of this Supplemental Agreement, "jurisdiction" means that the Village exercises access control over the use of groundwater beneath the Right -of -Way and over access to the soil beneath the Right -of -Way because it requires a permit for that access. & This Supplemental Agreement is intended to establish the undertakings of Buchanan Energy (IV), LLC to the Village for the purpose of providing the HAA in the form required by the IPCB to the IEPA which establishes that the Village is willing to agree that it will not allow the use of groundwater under the highway Right -ot=Way as a potable or other domestic supply of water and that it will limit access as described_ herein to soil under the highway Right - of -Way that is contaminated from the release at levels above residential Tier 1 remediation objectives. 4. This Agreement shall be null mid void should the IEPA not approve the HAA or should it not be referenced in the "No Further Remediation" determination. 10. The Village has agreed to certain obligations in the HAA as set forth in paragraphs 6 through 12 of document which it will undertake subject to the terms of this Supplemental Agreement. 11. Buchanan Energy (14r), LLC agrees to indemnify and hold harmless the Village, and other highway authorities, if any, maintaining the highway Right-of-Way by an agreement with the Village, and the Village's officers, agents, contractors, or employees from and against any losses, liabilities, damages, claims, judgments and actions, including attorney's fees and court costs, directly or indirectly arises out of or in connection with, or in any way associated with, the release of Contaminants from the Site or the existence of Contaminants in the Right -of- Way. 12, Buchanan Energy (N), LLC agrees to reimburse the Village for the reasonable costs it has incurred, if any, prior to the execution of this Supplemental Agreement in protecting human health and the environment including, but not limited to, identifying, investigating, handling, storing and disposing of contaminated groundwater in the Right -of -Way as a result of the release of Contaminants at this Site. 11 This Supplemental Agreement shall be binding upon all successors in interest to Buchanan Energy (tom, LLC and to all successors to the interest of the Village in the highway Right-of-Way. A successor in interest of the Village would include, without Iimitation, a highway authority to which the Village would transfer jurisdiction of the highway. 14. Violation of the terms of this Supplemental Agreement by Buchanan Energy (N), LLC, or its successors in interest, may be grounds for voidance of this Supplemental (Original Issue Daze. 10 /10) Agreement and the HAA. Violation of the terms of this Supplemental Agreement or the HAA or both by the Village will not void this HAA unless the IEPA has determined that the violation is grounds for voiding the HAA and the Village has not cured the violation within such time as IPPA has granted to cure the violation. 15. This Supplemental Agreement shall continue in effect from the date hereof until: (a) the Right-of-Way is demonstrated to be suitable for unrestricted use; (b) there is no longer a need for the HAA; and (c) the IEPA, upon written request by Buchanan Energy (N), LLC and with notice to the Village, has amended the notice in the chain of title of the Site to reflect unencumbered future use of the highway Right -of -Way. 16. This Supplemental Agreement is in settlement of claims the Village may have arising from the release of Contaminants into the Right -of -Way associated with the Inoident. 17. Neither this Supplemental Agreement nor the HAA limits the Village's ability to construct, reconstruct, improve, repair, maintain and operate a highway or utility facilities upon its property ( "Work ") or to allow others to use the highway Right -of -Way by permit. To that extent, the Village reserves the right and the right of those using its property under permit to remove contaminated soil or groundwater, as may be reasonably necessary for the Work, from those portions of its Right -of -Way in which, at the time of this Agreement, Contaminants exceed the Tier I residential remediation objectives, and to dispose of such Contaminants, all as the Village or those using its property deem appropriate and not inconsistent with applicable environmental regulations ('Remediation Activity "). However, prior to taking any Remediation Activity or engaging in Work which might require Remediation Activity, the Village will first give Buchanan Energy (li), LLC not less than thirty (30) business days advance written notice (unless there is an immediate threat to the health or safety to any individual or to the public) that it intends to perform a site investigation in the Right -of -Way, to engage in Work which might require Remediation Activity, and to undertake Remediation Activity to the extent necessary for the Work. Any actual Remediation Activity shall be based upon the site investigation (which may be modified by field conditions during excavation). A copy of this site investigation report will be provided to Buchanan Energy (N), LLC prior to any Remediation Activity being undertaken. 18. Prior to conducting any such site investigation or Remediation Activity, the Village shall provide Buchanan Energy (N), LLC with an opportunity to perform the site investigation and the Remediation Activity which may reasonably be necessary for the Village's Work. If Buchanan Energy (NV LLC elects to perform such site investigation and Remediation Activity, Buchanan Energy (N), LLC shall, at its cast, procure all necessary permits and shall post a completion bond in the amount of the work to be performed prior to commencing such work. The failure of the Village to give notice is not a violation of this Supplemental Agreement. 14. If Buchanan Energy (IV); LLC elects not to perform the Remediation Activity, Buchanan Energy (N), LLC shall reimburse the Village for the reasonable costs incurred in performing the site investigation and preparing the site investigation report (including without limitation reasonable attorneys' fees) and for the actual incremental increase in the cost of the Work related to the requirement to remove Contaminants present in the soil and/or groundwater, (Origin! Issue Date: 10/13) including, without limitation, the cost of the Remediation Activity and attorney's fees. The failure of Buchanan Energy (I), LLC to provide reimbursement to the Village within 45 days of receipt of an invoice from the Village, in accordance with and pursuant to this paragraph, shall be grounds for voidance by the Village of this Supplemental Agreement and, except as otherwise set forth therein, the HAA. 20. Written notice required by this Supplemental Agreement or the HAA shall be mailed to the following: if to Buchanan Energy (N), LLC: Buchanan Energy (N), LLC, 4573 Dodge Street, Omaha, NE 68132; and if to Village: The Village of Morton Grove, 6101 Capulina Avenue, Morton Grove, IL 60053, ATTN: Joseph F. Wade, Village Administrator. 21. The Village's sole responsibility under this Supplemental Agreement and HAA with respect to others using the highway Right -of -Way under permit from the Village is to include the following, or similar language, in the future standard permit provisions and to make an effort to notify its current permit holders of the following: "As a condition of this permit, the permittee shall request the Village Engineer to identify sites in the Right -of -Way where access to contaminated soil or groundwater is governed by Tiered Approach to Corrective - Action Objectives ( "TACO ") Agreements. The permittee shall take measures before, during and after any access to these sites to protect worker safety and human health and the environment. Excavated, contaminated soil should be managed off -site in accordance with all applicable laws, rules, and regulations." 22. Buchanan Energy (N), LLC hereby releases the Village from liability for breach of this Supplemental Agreement by others under permit, and further indemnifies the Village against claims that may arise from others under permit causing a breach of this Supplemental Agreement. Buchanan Energy (N); LLC agrees that its personnel at the Site, if any, will exercise due diligence in notifying those accessing contaminated soil in the Right -of -Way of their rights and responsibilities under this Supplemental Agreement. 23. Should the Village breach this Supplemental Agreement or the HAA, Buchanan Energy (N), LLC's sole remedy is for an action for damages which would be brought exclusively in the Cook County Circuit Court. Any and all claims for damages against the Village, its agents, contractors, or employees, Or its successors in interest, arising at any time for a breach this Supplemental Agreement and /or HAA are limited to an aggregate maximum of $10,000.00. Buchanan Energy (N), LLC shall have no other action, in law or equity, against the Village, its agents, contractors, employees and its successors in interest for the breach of any other provision of this Supplemental Agreement. Buchanan Energy (1), LLC hereby releases the Village, its agents, contractors, employees and its successors in interest for any cause of action Buchanan Energy (N), LLC may have against them, other than as provided in this paragraph or as provided by applicable environmental laws, regulations or common law governing the contaminated soil or groundwater in the highway Right -of -Way. In the event that the Village conveys, vacates or transfers jurisdiction of the highway Right -of -Way, Buchanan (Original Issue Date'. 10/10) Energy (N), LLC may pursue an action under this Agreement against the successors in interest, other than a State agency, in a court of law. 34. This Supplemental Agreement and I lAA are entered into by the Village in recognition of laws passed by the Illinois General Assembly and regulations adopted by the IPCB which encourage a tiered - approach to remediating environmental contamination. This Supplemental Agreement and HAA are entered into by the Village in the spirit of those laws and under its rights and obligations as a highway authority. In the event that any provision of this Supplemental Agreement is struck down as beyond the authority of the Village, this Supplemental Agreement shall be null and void, except that all costs and expenses to be paid by Buchanan Energy (N), LLC as provided in this Supplemental Agreement which have been incurred by the Village shall be reimbursed by Buchanan Energy (N), LLC within 45 days after the Supplemental Agreement becomes null and void. IN WITNESS be signed by its duly; Steve Buchanan, IN WITNESS WHERE duly authorized representative. Energy (N), LLC has caused this Agreement to the Village has caused this Agreement to be signed by its Andy Delvionte, Director of Public Works (original Issue Date. 10110) ARCDIS Attachment 4 Highway Authority Agreement ATTACHMENT HIGHWAY AUTHORITY AGREEMENT This Agreement is entered into this _ day of pursuant to 35 Ill. Adm. Code 742.1020 by and between Buchanan Energy (N), LLC ('Owner /Operator ") and (2) Village of Morton Grove, Illinois ( "Highway Authority "), collectively known as the "Parties." WHEREAS, Buchanan Energy (N), LLC is the owner or operator of one or more leaking underground storage tanks presently or formerly located atExxonMobil 10170 (05- BD3)/Buchanan Store #415, 7971 Golf Road, Morton Grove, IL ( "the Site "); WHEREAS, as a result of one or more releases of contaminants at the above referenced Site ( "the Release "), soil and groundwater contamination at the Site exceeds the Tier I residential remediation objectives of 35 Ili. Adm. Code 742: VMEREAS, the soil and groundwater contamination exceeding Tier 1 residential remediation objectives extends or may extend into the Highway Authority's right -of Way: WHEREAS. the Owner /Operator or Property Owner is conducting corrective action in response to the Release; WHEREAS, the Parties desire to prevent groundwater beneath the Highway Authority's right - of -way that exceeds Tier I remediation objectives from use as a supply of potable or domestic water and to limit access to soil within the right -of -way that exceeds Tier I residential remediation objectives so that human health and the environment are protected during and after any access; NOVi /, THEREFORE, the Parties agree as follows: I. The recitals set forth above are incorporated by reference as if fully set forth herein 2. The Illinois Emergency Management Agency has assigned incident number 20041514 to the Release. 3. Attached as Exhibit A is a scaled map(s) prepared by the Owner /Operator that shows the Site and surrounding area and delineates the current and estimated future extent of soil and groundwater contamination above the applicable Tier I residential remediation objectives as a result of the Release. 4. Attached as Exhibit B is a table(s) prepared by the Owner /Operator that lists each contaminant of concern that exceeds its Tier I residential remediation objective, its Tier I residential remediation objective and its concentrations within the zone where Tier I residential remediation objectives are exceeded. The locations of the concentrations listed in Exhibit B are identified on the map(s) in Exhibit A. S. Attached as Exhibit C is a scaled map prepared by the Owner /Operator showing the area of the Highway Authority's right -of -way that is governed by this agreement ("Right-of-Way"). (original issua Date; 10/10) 1 Because Exhibit C is not a surveyed plat, the approximation of the actual Right -of- -Way lit the Right -of -Way is not practical, the Parties groundwater contamination exceeding Tier F will not extend beyond the boundaries of the Right -of -Way boundary may be an Les. Because the collection of samples within stipulate that, based on modeling, soil and residential remediation objectives does not and Right -of -Way. 6. The Highway Authority stipulates it has jurisdiction over the Right -of -Way that gives it sole control over the use of the groundwater and access to the soil located within or beneath the Right -of -Way. 7. The Highway Authority agrees to prohibit within the Right -of -Way all potable and domestic uses of groundwater exceeding Tier I residential remediation objectives. The Highway Authority further agrees to limit access by itself and others to soil within the Right -of Way exceeding Tier I residential remediation objectives. Access shall be allowed only if human health (including worker safety) and the environment are protected during and after any access. The Highway Authority may construct, reconstruct, improve, repair, maintain and operate a highway upon the Right -of -Way, or allow others to do the same by permit In addition, the Highway Authority and others using or working in the Right -of- Way under permit have the right to remove soil or groundwater from the Right -of- -Way and dispose of the same in accordance with applicable environmental laws and regulations. The Highway Authority agrees to issue all permits for work in the Right -of -Way, and make all existing permits for work in the Right -of -Way, subject to the following or a substantially similar condition: As a condition of this permit thepermittee shall request the office issuing this permit to identify sites in the Right-of-Way where a Highway Authority Agreement governs access to soil that exceeds the Tier I residential remediation objeotives of 35131. Adm. Code 742. The permittee shall take all measures necessary to protect human health (including worker safety) and the environment during and after any access to such soil. 9. This agreement shall be referenced in the Agencv's no further remediation determination issued for the Release. 10. The Agency shall be notified of any transfer of jurisdiction over the Right-ol.Way at least 30 days prior to the date the transfer takes effect. This agreement shall be null and void coon the transfer unless the transferee agrees to be bound by this agreement as if the transferee were an original party to this agreement. The transferee's agreement to be bound by the terms of this agreement shall be memorialized at the time of transfer in a writing ( "Rider ") that references this Highway Authority Agreement and is signed by the Highway Authority, or subsequent transferor, and the transferee. 11. This agreement shall become effective on the date the Agency issues a no further remediation determination for the Release. It shall remain effective until the Right -of -Way is demonstrated to be suitable for unrestricted use and the Agency issues a new no further remediation determination to reflect there is no longer need for this agreement, or until the agreement is otherwise terminated or voided. 12. In addition to any other remedies that may be available, the Agency my bring suit to enforce the terms of this agreement or may, in its sole discretion, declare this agreement (Original Issue Date: Win) null and void if any of the Parties or any transferee violates any term of this agreement. The Parties or transferee shall be notified in writing of any such declaration. 13. This agreement shall be null and void if a court of competent jurisdiction strikes down any part or provision of the agreement. 14. This agreement supersedes any prior written or oral agreements or understandings between the Parties on the subject matter addressed herein. It may be altered, modified or amended only upon the written consent and agreement of the Parties. 15. Any notices or other correspondence regarding this agreement shall be sent to the Parties at following addresses: Manager, Division of Remediation Management Property Owner or Owner /Operator Bureau of Land Buchanan Energy (N), LLC Illinois Environmental Protection Agency 4973 Dodge Street P.O. Box 19276 Omaha, NE 68132 Springfield, IL 62974 -9276 Highway Authority Department of Public Works Village of Morton Grove Andy DeMonte 7840 Nagle Ave. Morton Grove, IL 60053 IN WITNESS WHEREOF, the Parties have caused this agreement to be signed by their duly authorized representatives. Date: Date: r� l2' (Original Issue Date. 1060) VILLAGE OF MORTON GROVE By: Andy DeMonte Its: Director of Public Works I, Steve Buchanan, do hereby certify that �s president of the managing member, Chicago SPE (N), Inc., of Buchanan Energy (1), L C, a Delaware limited liability company, and, as President of the managing member, I do hereby Certify that by unanimous written consent of the company, approved and ad4',ted the following resolutions; BE IT RESOLVED, that the Com any has president of the managing member, shall I aut o(, any Highway Authority Agreements betty en the Transportation.. IN WITNESS WHEREOF, I day of May, 2012, rmined that Steve Buchanan, as to sign on behalf of the company zany and Illinois Department of my h4iAf Ad company this 30"' Steve Buchanan, president of aging member, Chicago SPE Inc RC IS Exhibit A Site Maps i, me AeA (T a ury w.mac 1 —R I r ~F1 s u L rc vac L 1� a lu.aoL E ¢�, ��^ l i I i 1 J 1 i �-�- -I 1 e sm WELL JN I (r0 f RDPDI I ar r UNOtPUGACLND SlDAM VAR AM Or 1 W... - Df f f 1 '� �w —#— R _ 1 �1 I _ aocvraWNo EAS LINE 5MAL —{ a�� {� 1 i WOEn E L LENT ENE u nmw ac.m., i. ur TOT 3 �lT II �y �JI_.._ <�{ylh i. m Tor 11� n f awo�; 'F I i s OWFU 4 FnE� no i # 1 0 J 1 1 ss cvru ) 6 i d �Y 4 ( 1v i `+� uw to to 11 m+ � ..._- lmwo I{I �mu 1 1 R �� s i 1 v 1 n v _ . p ;� i MOHIL s 1 -S1 e c � _ G G STATAN V — EXCEEDS TER mm NESEESE 'A �1 x w o NIL fi� is. 5v Ev 1 i II, - � -f oA � E551MATED SOILM9PA 1 TEST, IT F 10002 J _L "�� GT MAP ._I I ! it IIDT.T. WAMi u.wT. 1•ML 1 ANT —1 _TN I a i 8 10 GO}f /'.DAD _� m o tirti inn L TO `"b - ---�- Y " oEa6vwu rtw r At I� � can VFT l e T n r oe.. 7 NONA 0 FC TNI VCHM O%nw rz { I!�li �� t� III �T f '! f] N IT 1 � A —T�T'4 e_ T �—, �I c rE c I TO Not {{�q� ryN�, i-,-f �E �i V� /. °llI M. } L.; iu �_I f suuR! a Il' li z Ilk`4 "IV rte— .__ nu 'Is rn+ v..i rF _ o + - �091L N i yII ISTA Ti 01v y�� mrrso nT�x+us.�cm. It t . j t� S T � 1 10 OIL l - - 1 110, nit, ESTIMAIMPAG GROUNDWATER 3 g MA g._p.. ',aw.��.n��n-,�, — AO ARCADi I z i LEGEND: fl€F GArOH BASIN QN VRLY NnNNgL ROAD (, U71HTY POLE lw _ _. LILPIT POLE Nr T� `uk�i L F -rlF _ n O rr ' uo 'O I e UORCELI PtIl /L, iii/ x N L ....0 SOIL SAMPLE lk FIAOSPERI aLI if n WATLR LINC ` -� § o J OS owo rzLr m LINE L IN I7 I li >� P d N u aL a+wNO eso c LINE N wl A r ____ _--- Ero.NATE0 E rGn Or 5011 unnar � m I rt 1 Pill ppa 1. v I MUPJL cS.W Iasi ALrl�, �- °`..pia' q y { SIM 11 all 5 T 5 R l t 3 � f 0 3D 66 ELAN 7 PEI ONSEE Ed 1 ESTIMATED SOIL IMPACT MAP NR, -,-1. �llii RRCADiS , j I Q LEGI 6 Gicn BnSW n � UnuTY MduO� I "MAI. [`iQLF ROAD y ili..vv nME VIOL I f �d +mia.�� �r— I)/ wIt / 1 � SIL .�_ Exour+GwnlrP Bunn im _a is CAL if gj� AA i' �1 0 H uy ryN IVI b i c 1. paul - + �srn *IUNI - ..�_ e rs 14 ilif III tx,° °.�F�" I /¢I LL If 4 E �a. a�w.aa AImm /Ni ESTIMATED GW IMPACT MAP ARCADIS 2 RCA€ Exhibit B Soil and Groundwater Tables Tablr.l Noll .dnaNlknt Data - RTEXl ITBE EaaOnManil Slot too 1,10170.0105 -11M) Ilncaanau a10rc e, 415 7951 Golf oati Morton Glmm, tlinssng Tier 1 Soil Cleanup Olgeetive5 Aenzene ImNhq) Toluene Imgfegl Ethylbcnum tmp" /kg) rylonc(s) lmgJl{yJ : MT$L Im %Ik9). Itl[t eSllOn- R161Of0lYnl 12 16.000, 7,80(l MAO 7$0 tngestlon - Industrial /Commercbtl 100 410.000 2W.000 1.000,0101 20,000 Inhalation - regidemial O.S 65a 400 320 8 &00 Inhalation - todusfrinilCommarrYal I SCGIER- Clogs( Ln 0.03 650 72 400 13 320 L50 8,800 033 SCGI677- Clansll Inucatinn - Canswcliml Nmkar 0,17 2500 29 41Wool 19 20000 156 41000 0.32 2000 inhalation - Construction Weikel 22 42 jS $.6 130 Soil Sample' Location. Dale .. Depth (feet) Oen7unt, 7dt� m!kg) Talaent Img/kg) Othpibanvene (mg/hr) .. x1louvk).j 7m6/kg) Rig RE ` (mg/kW PI 10/21/04 17.9 2.15 10.2 39.3 4,34 P2 101,2{104 3 2.4A L36 246 10.7 <0A61 P3 1012 -1104 3 00565 0,0104 0,024 0.0322 0,012 P4 10121 /Ot 3 0.0321 0,078 0,0023 0,0126 <0.009 Ps 10/21/04 1 0.037 0.0158 O.CY 19 OA294 <OA 10 Pb 1 (w 3 0,0046 0.0101 0.0036 0.04.57 <O.009 ,SM 105 4 0.0070 <0.0093 <0,0093 <00093 <0910 h1041 I05 4 <7p02,4 <0.0111 <0.0III <0.01II <0.011 MW3 105 6 0,0042 <NX)Rg <OO8fi <-0 OOflB x0.008 MlY4 10.5 4 000M <0011 0,0141 0 ,0279 <0.01A1WS /05 j 0.0091 N.0102 <O:OIN <O.OIUY M1V6 10`, 4 0.2&1 00787 0.35 0.176 O.IIj A7 \f7 1105 i 1A524 0.364 00893 0.124 0.451 AIM 110, 5 01.6 0.0517 0,0147 0.036 O.OA &1 MW9 /06 3 000 fSI 00111 0,1.00103 <0.00310 <0.0103 IL MWIO /06 3 0,0084'3 0.0038 <0,00705 0.003 ?5 OA74I 'to J,' n, itli mcpa kiluEmm I ler I SolI Cleeaap PbJc-1i.et pm T41,; %5. Iln:4: -T¢ml App1MJ1lot vlmCm<Aetiim f %tfem%ca (.tuna 5, IG92). Bola en ton n. entTh(,l;tlmanllae lS I A C Pen l431 lv l Sal 0eoup Oalcc I res lnl 0,roo 11 Guudtrnlcn ,t) W, ° emutnanelmn WPLnt tilt lubolltutA 1110boo lewtion loin SMIA Sml COmPnn<,n ni'1he Gmaldl. to f lywlon Fxpstue Kootu Tahlc -2 GrouluDyA rAnahnical oath- I3'I'[•:X /p1'PRE 1- axooMobl Station P. 10170 (405..81331 Buchaudn Stun .14f5 ?971 Gulf Road Morton (J'mtt. l llinols Tolal Tier I Groundwater Cleanup Objectives Objectives Benzene Toluene 6thylber>zene MTBE (mg1L) _ fmg1L). Xylenes - (mg/LI Dog/L) Clam t Gmundwater (005 I'D 0.7 10 0.07 I Class[i Groundwater 0.025 2.5 1,0 10 0.07 Sample Sumpie Date TOC Elevation tiu c th to Groun dwater Groundwater Benzene Toluene �Bih ette Total M76E i Lonvnn � (1Cet ) (feet) Elovation (Red } (gJL) (mg/L) (mg L) kylenes pm/L) 5/12/2005 101.61 5 83 95.78 0,0016 <0Ml ,0.001 .'0.003 0.0843 MWI 12/812005 101.61 6.40 95.21 0.0846 <0.001 <0.001 <0.00 1 40 507 512/2!,)06 10 l.61 6.43 95.18 0.0104 <0.001 40123 <0,003 0.(1260 5/12/2005 1(}2,69 11.27 91.42 <0.001. <0.001 <0.001 <0.003 0,01373 MW2 12/8/2005 102,69 788 95.61 <0001 <0MM <0.001 <0.001 080275 5122/2006 103:69 6.50 96.13 <0,001 <0.001 <0.001 <0.003 0 5/12/2005 10131 6.08 95.23 8.001 <0.001 ,.001 ,0 003 <0.001 MW3 13/8/2005 loiJi 6,95 9436 <0.001 <0,001 ,0.001 <0001 <0'00i 5/22006 101.b1 A9 95.41 ,0.001 <0.001 <0_001 ,0.003 <0,001 tN,IMWi4 5/12/2005 100.75 6,45 94.30 <0.001 <1.001 <0.001 <0.003 0.0017 12/8/2005 100.75 7.74 93,01 <0001 <0,001 <0.001 <O:DUI 0.011125 5/2/2006 1110,75 6.67 94.08 <0.00I <0,001 <0.001 ,0.00 "> 0.00128 511212005 101.98 5.57 96.41 <0,001 <0,001 .,0.001 ,0.003 0.0131 MW5 12/5/2005 101,98 62/2 9.5.26 <0.001 <0.001 <0.001 ,0.001 0,0239 IOL98 6.86 95.12 <0.001 <0.A01 <0.00i < -0.003 0.0173 01.86 5,23 96.63 0.152 (1.13((7 0.0628 0.0532 0 N'1 W6 XINS/2005 01.86 5.59 96,27 0.295 0.00941 0.331 0.254 0.03 01,86 52/ 96.16 0.240 0,00784 0.0963 0.0774 0.0365 MW7 01.43 642 95.01 0.0265 0.00115 0,0416 0,0057 01,41 4,44 96.99 0.0788 0.00242 0.158 0.0170 MW8. 12/8/2005 101.84 6.52 95.32 - 0.0(17 <O.D01 <0.001 0.0056 5/2/2806 1pf.84 5.38 96.46 O.Olil ,O.WI ,0.013/ A945 0.00628 MW9 5/3720IXt 101.93 i7 98.23 ,0,00( ,0.001 ,0.001 ,0801 MW10 5/2!2006 102,02 2,58 99.44 .,0.001 <0.001 <0.001 <0.001 mg /L mill igmins per 1,1 ter TOC = tap of casing <h00 = cone uinion below analytical Pnboratory repotting limit Groundwater samples were analyzed. for BTEX /MTBE using USEP,A Melhod 8021 B ARCADIS Exhibit C Proposed Highway Authority Agreement Map LECeRa n t'nm' unReoiE jC+ IiEiT PNZ DISPENSER ELMDO IRR ,+w.vo II COLF ROAD E wam rk„ urwrrcoso VWP IN' j l mix �MYx ^M t + 'S.Y_ �' v U DL P L WATER NE f w -E- NNl)tRGRCNVP bXS ONE W lb ] E'SWU r L RIPE /� �y, 6 V 4 u .. �- oc aoxo u; � 1 ArI WI RL FRO10SCID UK'PWAY Y�µ_rEU V III u REI AGR i EF J }� ,I i I Im 1 E °° MOBi� Iw+uE 7f7 STA:ION� IF I d3 ..fir ItiI�{3 Y I �E 4 FAR 5V El /�� LE ICHANI �) / m nL >u Un unars wo _. _.. PROPOSED HIGHWAY AORRY AGREEMENT AREA A MAP ARCADIS 3.j LeLyislative Summary Resolution 12 -69 AUTHORIZING A CONTRACTUAL AGREEMENT WITH BILL'S PAINTING COMPANY, DES PLAINES, ILLINOIS FOR TUCKPOINTING AT NORTH PUMPING STATION 8820 NATIONAL AVENUE Introduced: Synopsis Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: September 10, 2012 To authorize the tuckpointing of the North Pumping Station building at 8820 National Ave. The purpose of the project is to tuckpoint the brick building as needed along with resetting selected limestone copping stones and installing metal flashing to eliminate future maintenance costs Masonry tuckpointing is an on -going maintenance cost with masonry buildings. Periodic surveys of all Village buildings are performed to determine the condition of building elements. The last survey at the North Pumping Station determined certain areas on the parapet walls needed the copping stones and some brick removed and reset due to years of water seeping in between the copping stones and the outer brick courses. Department of Public Works and Finance Department $28,700.00 Funding for the North Pumping Station Tuckpointing Project is in the Enterprise Fund, Account Number 405033-554110 The Department of Public Works, Fnginecring Division, as part of their normal work activities, will perform the management and implementation of this project. Approval as presented. Not required None l(? _ Respectfully submitted: F ,� � Ry IT tile, Villa; ch inistrator Prepared by: Reviewed Joseph . Dahm, S perintendent, Water /Sewer by: t< � Teresa Floffmari4Liston, Corporation Counsel RESOLUTION 12 -69 AUTHORIZATION TO EXECUTE A CONTRACT WITH BILL'S PAINTING COMPANY OF DES PLAINES, ILLINOIS FOR TUCKPOINTING AT THE NORTH PUMPING STATION 8820 NATIONAL AVENUE 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 Department of Public Works advertised in the July 26, 2012, issue of The Pioneer Press newspaper inviting bids to tuckpoint the entire brick building as necessary along with resetting selected limestone copping stones and installing metal flashing at the North Pumping Station at 8820 National Avenue; and WHEREAS, seven contractors picked up the bidding packets and three contractors submitted sealed bids that were publicly opened and read at the Department of Public Works at 10:00 am on Thursday, August 16, 2012, with the bid results as follows: Contractor Bid Bill's Painting Company $28,700.00 751 Kenilworth Court Des Plaines, IL 60016 Bruno's Tuckpointing, Inc. $56,905.00 1400 W. 175 "' Street East Hazel Crest, IL 60429 MBB Enterprises of Chicago, Inc. $7700.00 3352 W, Grand Avenue Chicago, IL 60651 WHEREAS, all bid proposals were reviewed in detail to evaluate each company's proposed scope of service with the requirements of the bid packet; and WHEREAS, as a result of the bid evaluation it was determined the lowest qualified bidder that met all of the bid requirements is Bill's Painting Company, 751 Kenilworth Court., Des Plaines, IL 60016; and WHEREAS, Bill's Painting Company has satisfactorily performed tuckpointing work for other municipalities in the area and has the expertise and staff to complete the work included in the bid specification. TRUSTEES OF THE VILLAGE OF ]MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1. The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2. The Village President of the Village of Morton Grove is hereby authorized to execute, and the Village Clerk to attest, a contract with Bill's Painting Company, 751 Kenilworth Court, Des Plaines, Illinois 60016, based upon their bid for the "North Pumping Station Tuckpoint Project" in the amount of $28,700.00. SECTION 3. The Village Administrator and Village Engineer are hereby authorized to coordinate the implementation of this contract with Bill's Painting Company SECTION 4. That this Resolution shall be in full force and effect 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 I I th day of September, 2012 Tony Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution I2 -70 AUTHORIZATION TO EXECUTE A PURCHASING AGREEMENT FOR A NEW LOADER BACKHOE WITH PATTEN INDUSTRIES INC. Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: September 10, 2012 To authorize the Village President to execute a purchasing agreement with Patten Industries Inc. for the purchase of a New Loader Backhoe used by the Public Works Water / Sewer Division to maintain the Village's water and sewer distribution and infrastructure system. To provide a New Loader Baekhoe used for the maintenance and installation of water main, sewer pipes, valve assemblies, fire hydrants along with any underground work required within the Village as stated in the bid documents. This was a bidding process where bid specifications were drafted, advertised and a bid opening took place. During the bidding process Vendors brought various loader backhoes for demonstration, the water maintenance crew tested three loader back hoe makes & models with the 2013 Caterpillar 420F IT being the preferred unit tested by the crew. A 1994 John Deere 410D loader backhoe will be traded. Public Works, Water/ Sewer Division Bid price at $84,492.00. Public Works Enterprise Fund — Account No. 405033 - 572030. The Public Works Department, Water / Sewer Division, as part of their normal work activities, will activate and implement the New Loader Backhoe. Approval as presented. N/A Respectfully submitted: _ /lj�� Reviewed by: yan . Horne Village Administrator Teresa Hoffman Liston, Corporation Counsel t l ��% �`•n Prepared by: Reviewed by: f_� Paul Tol i�k'Division Superintendent ndy DeMonte, Director of Public Works v AUTHORIZATION TO EXECUTE A PURCHASE AGREEMENT WITH PATTEN INDUSTRIES INC. FOR THE PURCHASE OF A NEW LOADER BACKHOE 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 Department of Public Works Water /Sewer Division performs the required maintenance on Village owned water and sewer infrastructure including but not limited to, water main, hydrants, valves, sewer pipe requiring the use of specific equipment which may include a loader backhoe. The Village currently uses a 1994 John Deere 41 OD loader backhoe which has currently outlived its useful Iife will be traded; and WHEREAS, the Village of Morton Grove, Public Works Department advertised in the August 9, 2012, edition of the Pioneer Press inviting bids for the purchase of a new loader backhoe; and WHEREAS, the Public Works Department advertised for bids which is authorized through the Municipal Code and during the bidding process for the purchase of a new loader backhoe, three vendors furnished demonstrators to Public Works for testing purposes; and WHEREAS, the Public Works Water /Sewer crew tested all the models bid and determined the 2013 Caterpillar 420F IT to be the best unit as tested: and WHEREAS, three (3) bids were received publicly opened and read on Thursday August 30, 2012, at 10:00 A.M. at the Public Works Department, 7840 Nagle Ave with the following results: Patten Industries 2013 Caterpillar 420F IT $97292.00 Option: 3yr, 5,000hr extended warranty: $ 2,200.00 Less Trade $15,000.00 Total $84,492.00 West Side Tractor 2013 John Deere 310SK TMC TC $99,805.00 Option: 3yr, 5,000 hr extended warranty $ 2,495.00 Less Trade $16,000.00 Total $86,300.00 Casey Equipment Co. Inc.2013 JCB 13CX $81.650.00 Option: 3yr, 5,000 hr extended warranty $ 1;670.00 1 00h + Auto shift trans $ 2,995.00 Less Trade $18,000.00 Total $68,315.00 (Disqualified) and WHEREAS, the bid from Casey Equipment Co. Inc. was rejected for failure to comply with the specifications; and WHEREAS, Public Works Department staff recommends the Village Board award the contract to Patten Industries Inc. for the Caterpillar 420F IT for $84,492.00 including extended warranty and trade; and WHEREAS, funding for the above purchase is included in the 2012 Annual Budget in Account 405033 - 572030 in the amount of $125,000; and WHEREAS, the qualification and availability of Patten Industries the preferred bidder has been verified; and NOW, THEREFORE, BE Pf 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 Director of Public Works is hereby authorized to execute a purchase agreement with Patten Industries Inc. 635 W. Lake Street, Elmhurst Illinois 60126 for the purchase of a "New Loader Backhoe" consistent with its bid referenced above and is authorized to take all steps necessary to implement the signed contract. Section 3. This Resolution shall be in full force and effect upon 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 TEAS 10`x' DAY OF SEPTEMBER 2012 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 1 It' DAY OF SEPTEMBER 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Ordinance 12 -30 AMENDING TITLE 5, CHAPTER 3, OF THE VILLAGE OF MORTON GROVE MUNICIPAL CODE ENTITLED VEHICLE LICENSES Introduced: August I3, 2012 Synopsis: 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, 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 -13 to include a clearer prorated fee structure: 4. Add Section 5 -3 -6 to clarify the refund process for sold or junked vehicles; Programs, Departments I Finance Department or Groups Affected Fiscal Impact: I The fiscal impact to the Village will be minimal. Source of Funds: 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. Recommendation: i Second Reading: Required. Special Considerations or None Requirements: I Respectfully submitted: Reviewed b y: sd_ Ry�Village Administrator Teresa Hoffman Lis o . orporation Counsel Prepared by: � 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 a policy 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 and 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 l: 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 -1991) 5 -3 -2: VEHICLE LICENSE REQUIREMENTS: A. Required: Every owner or operator of a motor 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 all 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 surcet, 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 chapter 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 local 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 $55 .00 commercial cars, motorcycles /scooters or trailers) All motor vehicles (except trucks, motor driven commercial cars, 25 .00 motorcycles /scooters or trailers) owned by residents 65 or older (limit of I such senior citizen license per household per year) Antique motor vehicles (Vehicle must have State of Illinois antique license 5 .00 plates. To qualify for antique plates, a motor vehicle must be more than 25 years old. Firefighting vehicles must 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 physical 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 �/2 of cost of commercial cars) registered to abona fide religious organization motor recognized by the IRS and the religious leader (priest, minister, rabbi, etc.) vehicle of that religious organization, provided however religious organizations license fee 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, 1/2 of cost of motorcycles /scooters or motor driven commercial cars) issued to any not motor for profit corporation as defined in chapter 32, paragraph 163 (I /c) of the vehicle general not for profit corporation act of the state of Illinois provided not license fee more than 3 such licenses shall be issued to any single not for profit corporation 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 JV 16,001 pounds and over, but not more than 24,000 pounds 95 .00 V 24,001 pounds and over, but not more than 28,000 pounds 105 .00 P, 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 Rd 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 loss or destroyed vehicle sucker e ,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. �. Persons who become residents of Morton Grove after March 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 under 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 -I991) E. Time Of Payment: Except as otherwise hereinafter provided, such Iicense fee shall be due and payable annually on or before May 1 of each year and the license shall be for a one year period commencing May I 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 apartial license fee as stipulated in subsection B of this section. (Ord. 78 -26; 6 -26 1978,amd. Ord.91 -48, I0 -28 -1901) 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 anted 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 fifty 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 Iicense 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, I2 -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 Iee of five dollars ($5.00) plus any additional fee for any change of the classification of the vehicle. (Ord. 91 -48, 10- 28- 1991; amd. 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`x' or a'` /2 refund of the vehicle sticker fee between May 1 I" 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. 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`h day of August 2012. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Great Marcus Thill Toth APPROVED by me this 13`h day of August 2012 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. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois