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HomeMy WebLinkAbout2012-06-11 AgendaI . Cali to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes — Special minutes from May 14, 2012 Regular minutes from May 14, 2012 5. Special Reports a. Presentation by the North Shore Senior Center Regarding Programs 6. Public Hearings 7. Residents' Comments (agenda items only 8. President's Report — Administration, Northwest Municipal Conference, Council of Mayors, TIP Committee, Caynial Projects, Real Estate Committee a. Motion to Approve a Change in the Meeting Times for the Community Relations Commission from 7:30 pm to 7:00 pm 9. Clerk's Report — Legal, Cable and Telecommunications Commission 10. Staff Reports a. Village Administrator 1) Miscellaneous Reports and Updates b. Corporation Counsel 11. Reports by Trustees a. Trustee DiMaria — Fire Department, Emergency Management Agency, RED Center, NIPSTA, Police and JgIre Commission (Tru lee Grear) 1) Resolution 12 -52 (Introduced June 11, 2012) Authorizing the Execution of an Agreement to Fill the Position of Principal Clerk: Fire Department 1 1. Reports by Trustees (continued) b. Trustee Gomberg — Police Department, Environmental Health, Police and Fire Commission, 17° Communications (Trustee Marcus) l) Resolution 12 -46 (Introduced June 11, 2012) Authorizing the Disposition of Unclaimed Property Recovered by the Morton Grove Police Department C. Trustee Grear — Community and Economic Development Department, Chamber of Commerce, Waukegan Road 77F Review, LehighlFerris TIF Revieul, Dempster Street Corridor Plan, Real Estate Comminee, Comprehensive Plan, Economic Development (Trustee DiMaria) 1) Ordinance 12 -15 (Introduced May 14, 2012) (Second Reading) Adopting and Approving a Tax Increment Redevelopment Plan and Project Area in the Village 2) Ordinance 12 -16 (Introduced May 14, 2012) (Second Reading) Designating the Dempster/Waukegan Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act 3) Ordinance 12 -17 (Introduced May 14, 2012) (Second Reading) Adopting Tax Increment Allocation Financing Respecting the Dempster /Waukegan Redevelopment Project Area in the Village 4) Resolution 12 -50 (Introduced Junc 11, 2012) Authorizing an Intergovernmental Agreement Between the Village and School District #67 5) Resolution 12 -51 (Introduced June 11, 2012) Authorizing an Intergovernmental Agreement Between the Village and School District 470 d. Trustee Marcus— Public Works Deparnnew, Condominium Association, CommunilyRelations Commission, Solid Waste Agency of Northern Cook County, Natural Resource Commission, Traffic Sdfety Commission (Trustee Thill) 1) Ordinance 12 -19 (Introduced May 14, 2012) (,Second Reading) Amending Title 5, Chapter 13, Article G, Section l "Snow Routes" of the Municipal Code of the Village 2) Ordinance 12 -20 (Introduced Allay 14, 2012) (Second Reading) Amending Title 5, Chapter 13, Article F, Section'-) Entitled "No Parking During Certain Hours" and Thle 5, Chapter 13, Article F, Section 3 Entitled "Time Limit Parking Zones" of the Municipal Code of the Village 3) Ordinance 12 -21 (InlroducedNlay 14, 2012) (Second Reading) Accepting an Easement and the. Public Improvements within the Homestead of Morton Grove Development 11. Reports by Trustees (continued) Trustee Marcus (continued) 4) Resolution 12 -47 (Introduced June 11, 2012) Authorizing the Execution of a Contract with the Nels J. Johnson Tree Experts, Inc. for the 2012 Tree Trimming Program 5) Resolution 12-48 ( Introduced June 11, 2012) Authorizing the Execution of a Task Order with Ciorba Group, Inc. for Preliminary Engineering Services for Austin Avenue Improvements Between Oakton Street and Lincoln Avenue 6) Resolution 12 -49 (Introduced June 11, 2012) Authorizing the Execution of a Professional Services Agreement with Automation Engineering, LTD for Installation Upgrades to the Water Distribution Supervisory Control and Data Acquisition (SCADA) System 7) Ordinance 12 -23 (Introduced June 11, 2012) (First Reading) Establishing the Prevailing Rate of Wages for Laborers, Mechanics and Other Workers in the Locality of the Village Employed in Performing Construction of Public Works for the Village e. Trustee Thiel — Building Depariment, Appearance Commission, Capital Projects, Plan Commission/Zonina Board gfAppeals (Trustee Toth) ]) Ordinance 12 -22 (Introduced May 14, 2012) (Second Reading) Amending the Village of Morton Grove Unified Development Code Sections 12 -1 -7 and 12 -16 -3 Regarding Procedural Controls and Zoning Variations £ Trustee Toth - Finance Department, Finance Advisory Commission, Norihwesi Municipal Conference, Advisory Commission on Aging, Family and Senior Services Department (Trustee Gomberg) 12. Other Business 13. Presentation of Warrants — May 28, 2012 343,580.21 June 11, 2012 9432?26.1 I Total $1,286,806.32 14. Residents' Comments 15. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate 16. Ad jourutnent -To ensure fall accessibihlp crud equal participation for all interested cilisens, individuals with disabilities who plan to attend and who require certain acconnnodations in order to observe and /or participate in this nveeling, or who have questions regarding the a, cessibihiv of these Jacilhie.s, are requested to contact Susan or Marlene (8471470 -5220) pronzpthr to allow the Village to mate reasonable accommodations. MINUTES OF THE MAY 145 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 6:02 pm by Village President Daniel J. Staackmann who led the assemblage in the pledge of allegiance. In attendance were: Elected Officials: Mayor Daniel J. Staackmann, Village Clerk Tony S. Kalogerakos, and Trustees Larry Gomberg, William Great, Sheldon Marcus, John Thill, and Trustee Toth Absent: Trustee DiMaria Village Staff: Village Administrator Ryan J. Horne, Police Chief Mark Erickson, Director of Public Works Andy DeMonte, Fire Chief Tom Friel, and Corporation Counsel Teresa Hoffinan Liston Also Present: R. Theodore Clark, Clark Baird Smith Mayor Staackmann stated the purpose of the meeting was to review security procedures for the upcoming NATO summit and discuss pending litigation, personnel matters, labor negotiations, and real estate matters. These topics arc appropriate for Executive Session. At the close of the Executive Session the Special Meeting is expected to resume and Ryan Horne, Village Administrator, will give an update on electrical aggregation rates as well as a review of the Executive work plan. Trustee Marcus then moved to adjourn to Executive Session to discuss security proceeds for the upcoming NATO Summit, pending litigation, personnel matters, labor negotiations, and real estate matters. The motion was seconded by Trustee Thill and approved unanimously pursuant to a roll call vote at 6:03 pm. At the conclusion of the Executive Session, Village Administrator Ryan Horne gave a report on the electrical aggregation rates. He spoke with NIMEC and the Village has partnered with Kenilworth and Batavia who has given a very positive result of approximately 48% of the electrical supply costs residents currently pay. This beat the consortium rate by approximately '/2 cent and should save residents approximately $300 per year on their electrical costs. The next step was for Corporation Counsel to finalize a contract with the successful bidder and it is anticipated that will be ready by the end of the week. Mr. Horne then gave an update on the Executive Work Plan and reviewed various task assignments. A general discussion then ensued. Trustee Marcus moved to adjourn the Special Meeting. The motion was seconded by Trustee Thill and approved unanimously pursuant to a voice vote at 6:53 pm. Minutes by: Tony S. Kalogerakos, Village Clerk Kim I. Village President Dan Staackmann called the meeting to order at 7:00 p.m. and directed the Clerk to call the roll. Village Clerk Tony Kalogerakos called the roll. Present were: Trustees Larry Gomberg, Bill Grear, Shel Marcus, John Thill, and Maria Toth. Trustee DiMaria was absent with notice. UAI ,. a. Regarding the Minutes of the Special Meeting of April 23, 2012, Trustee Toth moved, seconded by Trustee Grear, to accept the Minutes as presented. Motion passed unanimously via voice vote. b. Regarding the Minutes of the April 23, 2012 Regular Board Meeting, Trustee Toth moved, seconded by Trustee Grear, to accept the Minutes as presented. Motion passed unanimously via voice vote. c Regarding the Minutes of the Special Meeting /Public Hearing of April 30, 2012, Trustee Toth moved, seconded by Trustee Thill, to accept the Minutes as presented. Motion passed unanimously via voice vote. IV. SPECIAL REPORTS 1. Plan i.nmmlRRiCln Cana PC 49_1't Ran+�ae+c o To..+ n...,,.,. A Plan Commission Chairman Ron Farkas presented this report. He said the Village of Morton Grove is the Applicant. This case was originally reviewed at a public hearing on November 21, 2011, and was presented to the Village Board for final action at its December 2011 Board meeting; however Mr. Farkas had requested that the Board return the case to the Plan Commission for further review. The Village is requesting modification of language in the Unified Development Code for authorized variations. Currently, variances are allowed only for specific types of requests. Upon further review of this request by the Plan Commission, the Commission wanted to ensure that the Zoning Board's powers were limited to the zoning aspects of the Unified Development Code, and did not extend into other non - zoning areas of it. IV. . Minutes of Ma °14,xo1.2.BoajdMeeting` SPECIAL REPORTS (continued) b. Further, the Plan Commission suggested that the 15 subsections of allowed variations be deleted from the UDC, pointing out that it is unnecessary to retain this language, since the Zoning Board will be given more authority over variances. In addition to changes to the variation procedures, the Commission approved proposed changes to Chapter 1 of the UDC to approve a new section covering "exceptions ". This section provides a mechanism for the Village to consider administrative exceptions to the non - zoning, technical sections of the LIDS. Language has been included to avoid conflicts with the Zoning Board's powers and duties, and other sections of the UDC. Prior to this, no such exception process was available, and it was staffs recommendation, with the concur- rence of the Plan Commission, that such language is appropriate to include in the UDC. Mr. Farkas said this amendment was now worded better and the addition of the new section would minimize the need for additional text amendments. There were no public comments at the Plan Commission hearing, and the Commission voted unanimously to recommend approval of PC 11 -13. Trustee Marcusmoved to accept the Plan Commission report, seconded by Trustee Thill. Motion passed unanimously via voice vote. V. PUBLIC HEARINGS 1. Electric Residential Aggregation Plan for Residents and Small Businesses a. Village Administrator Ryan Horne said this was the second Public Hearing being held to obtain public comment. The Village will act as a purchasing agent and negotiate a lower rate for electric supply. Commonwealth Edison will deliver electricity and bill consumers, but will not be the power supplier. There is no financial impact to ComEd as they do not make their money on supplying power, but rather on delivery power. Residents and small businesses will have the ability to "opt out" if they so choose, b. The Village has begun working on the pricing and bid process with its agent, NIMEC, and is optimistic it will be able to negotiate a lower price for electricity for its residents and small businesses. Larry Shover from NIMEC is present tonight if anyone has any questions. c. Trustee Marcus asked what residents should do if they've already signed on for a different electric supplier. Mr. Horne said that those residents can choose to stay with the provider they chose, or they can switch over to the Village's provider. However, if their current provider has a penalty clause, they may decide to wait and switch over to the Village's plan once their contract is done. Residents who are still with ComEd —who have not switched providers —will automatically be signed up with the provider the Village chooses, but those residents maintain the ability to opt out of having the Village's provider. Trustee Thill wondered, since ComEd isn't providing the electricity, where it was coming from? Mr. Shover responded that there are various power grids, power could be coming from as far away as Michigan. WnDtesbf May 44,3012BOard11160 : V. PUBLIC HEARINGS (continued) There being no further comments or questions, Trustee Marcus moved to close the Public Hearing, seconded by Trustee Thill. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. DiMaria absent Tr. Gomberg aye Tr. Grear aye Tr. Marcus acre Tr. Thill aye Tr. Toth aye Vi. RESIDENTS' COMMENTS (Agenda Items Only) VII. NONE a. Mayor Staackmann proclaimed May 15, 2012 as "National Peace Officers' Memorial Day" in the Village. Mayor Staackmann said the Board had received a request from the Traffic Safety Commission asking to be allowed to begin its monthly meetings at 7:00 p.m. instead of 7:30 p.m. Trustee Marcus moved to amend the Traffic Safety Commission's meeting start time, seconded by Trustee Toth. Motion passed unanimously via voice vote. Trustee Grear wondered if a memo could go out to all the chairs of the various Village Boards and Commissions, asking if they would prefer to begin their regular meetings at 7:00 p.m. That way, all official Village meetings would have a standard start time. Mayor Staackmann directed Mr. Horne to prepare and send out said memorandum to all the Commission chairpersons. Vill. CLERK'S REPORT Clerk Kalogerakos noted that the Village is looking for a Finance Director. He encouraged anyone interested to forward a cover letter, resume, and application form. The application form and other pertinent details of the position can be found on the Village's website. IX. STAFF REPORTS A. Village Administrator: Village Administrator Ryan Horne reminded the assemblage that the May 28, 2012 Village Board meeting has been cancelled due to the Memorial Day holiday. a. Mr. Horne said that tonight's Agenda calls for a first reading on three ordinances to establish the Dempster/Waukegan Redevelopment Project Area. He noted that the Joint Review Board, which had met earlier in the month, had voted to recommend approval of these ordinances. (The Joint Review Board is comprised of local taxing districts.) IX. STAFF REPORTS (continued) Minutes of May 14,2012Board Mee#n b. Mr. Horne said there was support for these ordinances in part because the Village has worked out the general terms of revenue - sharing agreements with School Districts 67 and 70. Those agreements will be brought before the Board at the June 11, 2012 meeting. c. Each school district will receive an amount equal to applying a one - fourth of a percent (.25 %) municipal sales tax to sales occurring in the TIF District, allocated between them so that each school district is paid for the sales occurring within the portion of its territory located within the TIF. d. Mr. Horne said the first of the three ordinances establishing the Dempster/Waukegan TIF district is Ordinance 12 -15, which approves a redevelopment plan. Ordinance 12 -16 formally describes the boundaries of the new TIF district, and Ordinance 12 -17 authorizes the use of tax increment financing to pay for eligible costs as described in the TIF Act. Resolution 12 -41 then authorizes the work necessary to create the Business District for the one -fourth of one percent to be shared with the two school districts. Mr. Horne noted that, to form a TIF district, the Village has to make eligibility findings and approve a redevelopment plan. The redevelopment plan explains the projects, land uses, and possible eligible costs that are proposed to achieve the TIF's goals of new growth and a stronger tax base. The three ordinances retrace all of the steps the Village has taken to satisfy the statutory requirements, and when adopted, the Dempster/Waukegan Redevelopment Project Area will be legally established. He added that the Village website has a page devoted to questions and comments received at various meetings and public hearings about this proposed TIF. It is important to note that nothing in the operation of the TIF district will limit their ability to tax existing properties. The school districts will continue to receive their annual levy from existing properties in the TIF. The Village believes the use of TIF incentives for redevelopment will ultimately benefit all of the taxing bodies. B. Corporation Counsel Corporation Counsel Liston had no report. X. TRUSTEES'REPORTS A. Trustee DiMaria: Trustee DiMaria was absent —no report. B. Trustee Gombero' Trustee Gomberg had no report. Minutes of May 14, 2012BoaM Meietitig� X. TRUSTEES' REPORTS (continued) C. Trustee Grear: 1. Trustee Grear presented for a first reading Ordinance 12 -15, Adopting and Approving a Tax Increment Redevelopment Plan and Project Area in the Village of Morton Grove, Illinois. a. He explained that this TIF was being implemented in an effort to reverse declining property values and EAV in the Prairie View Shopping Center and adjacent area, to encourage private investment to enhance the area, to increase the real estate and sales tax base, and to attract retailers to satisfy the consumer requirements of residents and shoppers in the area. b Trustee Grear said the Prairie View Shopping Center has experienced declining property values and vacancies over the past several years, which has had an adverse effect on other adjacent properties. In 2011, the owners of the center approached the Village, proposing a plan to do major renovations to the center, but said they would not be able to do so without Village assistance, due to the high costs, the uncertain economic climate, and the increased requirements of the Metropolitan Water Reclamation District (MWRD). The Village retained S.B. Friedman and Company to conduct an eligibility analysis of this area. One of the statutory requirements for creation of a TIF district is that the area be more than a half -acre in size and that conditions of blight exist. S.B. Friedman and Company determined that eligibility factors required for the creation of a TIF District for blight were present in the area. c The Village convened a Joint Review Board consisting of representatives of local taxing districts. The Board reviewed and recommended approval of a TIF for the area designated as the Dempster /Waukegan Redevelopment Project Area. The Village also held a Public Hearing on this matter on April 30, 2012. d Trustee Grear said the Village believes that the proposed area on the whole has not been subject to growth and development through private investment, and believes that private investment and growth will not occur without the approval of the redevelopment plan and the designation of this area as a Tax Increment Redevelopment Area. There was no discussion on Ordinance 12 -15. Trustee Grear then introduced for a first reading Ordinance 12 -16, Designating the Dempster/Waukegan Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act. He said that this ordinance will designate the Dempster /Waukegan Tax Increment Redeve- lopment Plan and Project Area. The area consists of the Prairie View Shopping Center, properties immediately to the east of the center, a vacant parcel north of the center (across Dempster Street), continuing west of Waukegan to include the vacant Produce World building, and then south of Dempster to include the Shell gas station and the IFC Credit Corporation building. There was no discussion on Ordinance 12 -16. . Minutestf Mg 14,2012 Board MeeYmtt X. TRUSTEES' REPORTS (continued) C. Trustee Grear: (continued) 3. Next, Trustee Grear presented for a first reading Ordinance 12 -17, Adopting Tax Increment Allocation Financing Respecting the Dempster/Waukegan Redevelopment Project Area in the Village of Morton Grove, Illinois. He explained that this ordinance will allocate tax increment financing to pay redevelopment costs as allowed by the State's TIF Act. Once tax increment financing has been approved, the Cook County Collector will pay to the taxing districts within the TIF that portion of taxes which is attributable to the lower of the current Equalized Assessed Value (EAV) or the initial EAV of each taxable parcel within the TIF District. That portion of taxes which is attributable to the increase in the current EAV over and above the initial EAV shall be allocated and, when collected, shall be paid to the Village and deposited in a special fund designated as the 2012 Dempster/Waukegan Redevelopment Project Area Special Tax Allocation Fund. There was no discussion on Ordinance 12 -17. 4 Lastly, Trustee Grear presented Resolution 12-41, Authorizing a Contractual Agreement With S.B. Friedman and Company to Perform a Preliminary Study Relating to the Possible Creation of a Business Development District For The Prairie View Shopping Plaza and Adjacent Area. a. He explained that the creation of a business district will help the Village meet its goals to address blighted conditions in the Dempster /Waukegan Redevelopment Project Area and will free up revenue that will be used to support the revenue - sharing agreements with the local school districts. b. The creation of a business district would allow the Village to impose and collect additional sales taxes which will assist the Village in meetings its obligations under the revenue - sharing agreements with the local school districts. A business district can be established as long as it meets at least one factor as set forth in the Illinois Business District Act. These factors include inadequate street layout, deterioration of site improvements, improper subdivision or obsolete planning, unsanitary or unsafe conditions, or dangerous conditions. c Trustee Grear said that, since S.B. Friedman and Company has already conducted a study of this area, the Village asked the firm for a proposal to conduct an eligibility study, prepare a redevelopment plan, and assist the Village in the creation of a Business District. The firm's proposal for these services is approximately $21,000, which Village staff has deemed to be reasonable. In order for the Village to begin collecting additional sales taxes in the District as of January 1, 2013, it is necessary for the ordinances creating a Business District to be approved and filed with the appropriate governmental authorities on or before October 1, 2012. Trustee Grear moved to approve Resolution 12 -41, seconded by Trustee Toth. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. DiMaria absent Tr. Gomberg ave Tr. Grear acre Tr. Marcus aye Tr. Thill acre Tr. Toth aye 91 � . Montitesaf May 14,2e12a0ard Moot!ru� X. TRUSTEES' REPORTS (continued) D. Trustee Marcus: Trustee Marcus presented for a first reading Ordinance 12 -19, Amending the Municipal Code, Title 5, Chapter 13, Article G, Section 5- 13G -1, Entitled "Snow Routes" of the Mu- nicipal Code of the Village of Morton Grove. Trustee Marcus explained that this ordinance would add Kirk Street from Lehigh Avenue to Nagle Avenue to the list of designated snow routes in the Village. Snow and ice removal is difficult along this section of Kirk Street due to the amount of parked vehicles plus a large volume of traffic. Designating Kirk Street a snow route will greatly enhance snow removal operations. There was no discussion on Ordinance 12 -19. 2. Trustee Marcus then introduced for a first reading Ordinance 12 -20, Amending Title 5, Chapter 13, Article F, Section 2 Entitled "No Parking During Certain Hours" and Title 5, Chapter 13, Article F, Section 3 Entitled "Time Limit Parking Zones" of the Municipal Code of the Village of Morton Grove. a. He explained that this will change the parking restrictions on Oriole Avenue to have them coincide with the business hours of Melzer School. This will facilitate the school's arrival and departure procedures, and will correct a technical deficiency associated with this change. b. Trustee Marcus said the Traffic Safety Commission had received a request from the principal at Melzer School asking the Village to amend the parking restrictions on Oriole Avenue between Lyons Street and Wilson Terrace, so that the restrictions would be in effect from 8:30 a.m. to 4:00 p.m. There are currently signs posted restricting parking on both sides of Oriole between Lyons and Emerson between the hours of 8:00 a.m. to 9:00 am. and 2:00 p.m. to 3:30 p.m. Mondays through Fridays. However, this parking restriction is not codified in the Village's Municipal Code. The school's request to amend the parking restrictions was a result of a change in its hours of operation. The Traffic Safety Commission recommended the Village amend the parking restrictions to prohibit parking on Oriole between Lyons and Emerson from 8:45 a.m. to 9:30 a.m. and from 3:00 p.m. to 4:00 p.m. The principal at Melzer School supports this recommendation. Staff further recommends amending the codified limits of a Fifteen Minute Parking restriction affected by this change to match the limits posted in the field. There was no discussion on Ordinance 12 -20. Next, Trustee Marcus presented Resolution 12-42, Authorizing the Execution of a Contract Extension With North Suburban Asphalt Maintenance, Inc. For the 2012 Cracksealing Program. He explained that the Cracksealing Program is an annual preventive maintenance program that can delay the onset of pavement deterioration if done at the appropriate time in the life a pavement surface and reduce the lifecycle cost of maintaining a street. X. D. TRUSTEES' REPORTS (continued) Trustee Marcus (continued) Minutos of May 14 2012 Board Meeting Trustee Marcus said that the Villages of Morton Grove, Glenview, Wilmette, and Winnetka have formed a Cooperative Procurement Program, administered by the Village of Glenview at no cost to the Village of Morton Grove, to provide cracksealing services for a three -year term from 2010 -2012. It is reasonable to expect that the larger quantities included in a cooperative purchase would reduce the cost of the work for each Village. The estimated contract value is $100,000, but since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Trustee Thill had a question about the length of the contract and the timing of this extension. Trustee Marcus and Public Works Director Andy DeMonte responded. Trustee Marcus moved, seconded by Trustee Toth, to approve Resolution 12 -42. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. DiMaria absent Tr. Gomberg acre Tr. Grear aye Tr. Marcus are Tr. Thill acre Tr. Toth aye 4. Trustee Marcus then presented Resolution 12-43, Authorizing the Execution of a Contract With G &L Contractors, Inc. For the 2012 Concrete Replacement Program. He explained that the Concrete Replacement Program is necessary to repair sidewalks, curbs and gutters, streets, and utility repairs. Trustee Marcus said that, due to a reduction in personnel, the Public Works Department eliminated its Concrete Division in 2011. That work now needs to be outsourced. The final contract value is $67,895, but since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Trustee Marcus moved to approve Resolution passed: 5 ayes, 0 nays, 1 absent. Tr. DiMaria absent Tr. Gomberg Tr. Marcus aye Tr. Thill 12 -43, seconded by Trustee Grear. Motion Tr. Grear acre Tr. Toth aye 5. Lastly, Trustee Marcus introduced for a first reading Ordinance 12 -21, Accepting an Easement and the Public Improvements Within the Homestead of Morton Grove Development. He explained that Ordinance 10 -20 granted a special use permit to construct and operate a senior independent living residential facility at 6400 Lincoln Avenue, The Village maintains the adjacent section of Lincoln Avenue. The Village required the developer of the Homestead of Morton Grove development to construct sidewalk, a roadway drainage system, and a street lighting system conforming to the Village's development requirements. It was determined that the land where these required public improvements needed to be located would be on the development's property. Incorporating these public improvements into the jurisdiction of Lincoln Avenue is in the Village's best interests. There was no discussion on Ordinance 12 -21. Minutes of May 14,2012Soard Mea "8 X. TRUSTEES' REPORTS (continued) E. Trustee Thill: Trustee Thill presented Ordinance 12 -13, Amending Title 10, Chapter 2 Entitled "Electrical Regulations" of the Municipal Code of the Village of Morton Grove. This is the second reading of this ordinance. Trustee Thill explained that the Village has historically utilized the Chicago Electric Code, as amended, but with changing technology and equipment, now feels it necessary to change, as many other suburban communities have, to the National Fire Protection Association's (NFPA) National Electric Code (NEC). The Village has also entered into a contractual agreement with an outside agency for plan review and inspectional services. That agency maintains NEC - certified inspectors and plan review personnel. This ordinance will assist the Village in maintaining current and compliant electrical regulations for work conducted throughout the Village. Trustee Thilli moved, seconded by Trustee Toth, 5 ayes, 0 nays, 1 absent. Tr. DlMaria absent Tr. Gomberg Tr. Marcus acre Tr. Thill 2. Next, Trustee Thill presented Ordinance 12.14, "Building Code" of the Municipal Code of the This is the second reading of this ordinance. to adopt Ordinance 12 -13. Motion passed acre Tr. Grear save ave Tr. Toth aye 4mending Title 10, Chapter 1 Entitled Village of Morton Grove. Trustee Thill explained that this ordinance will adopt by reference the 2011 National Electric Code (NEC) with amendments. Trustee Thilll moved, seconded by Trustee Toth, to adopt Ordinance 12 -13. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. DiMaria absent Tr. Gomberg acre Tr. Grear are Tr. Marcus sae Tr. Thill acre Tr. Toth aye Trustee Thill then introduced for a first reading Ordinance 12 -22, Amending the Village of Morton Grove Unified Development Code Sections 12 -1 -7 and 12 -16 -3 Regarding Procedural Controls and Zoning Variations. He explained that this was pursuant to Plan Commission Case PC11 -13, heard earlier this evening. This ordinance will allow the expansion of variations that may be considered by the Zoning Board of Appeals and an exception process for Unified Development Code requirements. There was no further discussion on Ordinance 12 -22. X. TRUSTEES' REPORTS (continued) Trustee Toth: Minutes of May 14,201213=4 Meetiii''. Trustee Toth presented Resolution 12 -44, Authorizing the Extension of a Contingent Fee Professional Service Agreement With Azavar Audit Solutions, Inc. For Municipal Utility Audits. She explained that the Village will be participating in a tax and revenue audit which will investigate whether Village service providers are collecting the proper amounts from a complete and accurate customer population within the Village in compliance with municipal ordinances, contracts, and franchise agreements. The Village participates in the Municipal Partnering Initiative to create efficiencies and economies of scale through joint purchases. The consortium successfully negotiated terms with Azavar Audit Solutions to reduce the normal 45% contingency to 40% of funds collected. Trustee Toth moved, seconded by Trustee Greer, to approve Resolution 12 -44. Trustee Thill asked what this would actually cost the Village. Mr. Horne responded that the audits are being conducted at no cost to the Village; however, if it is determined that the Village is owed money, the auditors will collect 40% of what the Village is owed. There being no further discussion, Mayor Staackmann called for the vote on Resolution 12 -44. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. DiMaria absent Tr. Gomberg are Tr. Grear aye Tr. Marcus aye Tr. Thill aye Tr. Toth acre_ 2. Trustee Toth announced that, for the next three months, an expert from the North Shore Senior Center Social Services staff will be discussing topics of interest for seniors and their families. These sessions are being sponsored jointly with the Village's Commission on Aging. The topic to be presented on Tuesday, June 10 will be: "Understanding the Community Care Program and Other In -home Services ". The session begins at 2 pm at the American Legion Memorial Civic Center Xl, OTHER BUSINESS NONE XIi. WARRANTS Trustee Toth presented the Warrant Register in the amount of $1,473137426. She moved to accept the Warrants, seconded by Trustee Thill. There being no discussion, 0 nays, 1 absent. Tr. DiMaria absent Tr. Marcus aae Mayor Staackmann called for the vote. Motion passed: 5 ayes, Tr. Gomberg aye Tr. Thill aae Tr. Grear ave Tr. Toth afire 10 . 'MinutesmfMayU,.2012foardMeattn . Xlll. RESIDENTS' COMMENTS a. Rudy Firenzik, 7628 W. Lake, said that he had presented to the Board in 2011 a petition with 250 signatures asking to fix the sanitary sewer system, but so far nothing has happened. This is a problem he's been talking about since December of 2008. He felt the Village was not ac- knowledging its mistakes. He wanted to know if he had any "rights" when it comes to the Vil- lage's billing for water and sewer —does he have the right not to pay if he feels service is not satisfactory? The Village has not responded to this. Mr. Firenzik said the Village is threatening to shut off his water, but he's paying for his water service. He said the last time he spoke at a Board meeting, he watched the replay on Chan- nel 6 and his voice was so distorted, he couldn't understand a single word he'd said. He held the Village responsible for that. Mr. Firenzik also felt his water usage was overstated. He said his average usage last year was between 5,000 and 7,000 gallons a month. The last two months, it's been listed as 10,600 gallons a month. He said he was going to put his own meter in because he did not feel the Village's meter was accurate. XIV. Trustee Marcus moved passed: 5 ayes, 0 nab Tr. DiMaria absent Tr. Marcus aye The meeting adjourned ADJOURNMENT /EXECUTIVE SESSION to adjourn the Meeting. Trustee Toth seconded the motion. Motion ,s, 1 absent. Tr. Gornberg acre Tr. Grear acre Tr. Thill ave Tr. Toth acre at 7:44 p.m. 11 PASSED this 11th day of June, 2012. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 11th day of June, 2012. Daniel J. Staackmann, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 12th day of June, 2012, Tony S. Kalogerakos, Village Clerk Village of Morton Grove, Cook County, Illinois Minutes Df Wy 44,20 0aM Meet Minutes by eresa Cousar i2 LEGAL, NOTICE * THE REGULAR MEETINGS OF VARIOUS BOARDS, COMMISSI ®NS, COMMITTEES AND SUBCOMMITTEES OF THE VILLAGE OF MORTON GROVE FOR 2012 WILL BE HELD AT VARIOUS TIMES ANTI LOCATIONS AS LISTED To ensure, full accessibility and equal participation for all interested citizens, individuals with disabilities who plan to attend and who require certain aceomrraodations in order io observe andlor participate in this meeting, or who have questions regardin,(P the accessibility of these facilities, are requested to contact Susan or Marlene (8471470 -5220) promptly to allow the pillage to make reasonable accommodations. Richard T. FlicKinger Municipal Center 6101 Capuiina Avenue m Morton Grove, Illinois 60053 -2985 elk Tel: (847) 965 -4100 Fax: (847) 965 -4162 ftccvded Paocr Legislative Sumntary Resolution 12 -52 _ AUTHORIZING THE EXECUTION OF AN AGREEMENT TO FILL THE POSITION OF PRINCIPAL CLERK: FIRE DEPARTMENT Introduced Synopsis: Purpose: Background: Programs, Depts or Groups Affected: Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Second Reading: June 11, 2012 This resolution will authorize a contract with Gov "temps USA LL,C. to fill the position of Principal Clerk for the Fire Department on a temporary basis. Adoption of this resolution will provide for the filling of the position of Principal Clerk for the Fire Department on a "temp -to - hire" basis. Cost efficiency and flexibility, while immediately fillip, a vacancy of a vital position, is its primary purpose. With the impending retirement of the Principal Clerk ofthe Fire Department, the Fire Chief has requested the resulting vacant position be filled. However, the Chief anticipates various operational changes within the coming months that could significantly alter thejob description associated with this position. It is this unique Cil- CmTlstanee that makes it more advantageous for the Village to 'fill the vacancy with a qualified temporary clerk versus a fulltime Clerk at this time. GovTemps USA will recruit, select, and provide the services of the Principal Clerk for the 6 month contract period. During this time, the GovTemp USA employee will perform the duties of Principal Clerk under the direction of the Fire Chief' 'f The fact the individual will be an employee of GovTemps USA and not the Village while thejob description undergoes evaluation and alteration during the next 6 months will enable the Chief to utilize a trial period and request the use of various individuals until an optimum fit of personality and operational skills are determined. At the end of the 6 month contract period, if the operational needs of the Department require The need of a full -time employee, the position could be offered to the individual. This approach results in a cost efficient and low risk method of hiring a full -time employee. Fire Department GovTemps USA will be paid $23.80 /hour for the use of a "temp." The Village WILL NOT be responsible for the associated employee benefit costs such as workers compensation, social security, health care, life insurance, pension, etc. If /when the -temp" is offered full -time employment with the Village at the end of the 6 month contract period, GovTemps USA will be paid a one -time "placemen¢ fee" of $1,360. Personnel The management and implementation of the agreement will be performed by the Fire Chief as part of his normal work activities. Approval as presented. Not Required Special Consider. or I None Requirements: / Respectfully submitted: ( _ R t .. H [lage Administrator Prepared by:_ Tom Friel, Fire Chief Reviewed by: Teresa Hoffman Liston, Corporation Counsel AUTHORIZATION OF THE EXECUTION OF AN AGREEMENT TO FILL THE POSITION OF PRINCIPAL CLERK: FIRE DEPARTMENT WHEREAS, the Village of Motion Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax, purchase, and incur debt; and WHEREAS the Village of Morton Grove operates a Fire Department (MGFD) which provides fire protection and emergency medical services to residents and businesses within the Village; and WHEREAS, the need to fill the position of Principal Clerk for the Fire Department has been identified and recommended by the Fire Chief and authorized by the Village of Morton Grove Municipal Budget for Fiscal Year 2012; and WHEREAS, the Fire Department, under the direction of the Fire Chief, anticipates various operational changes in the upcoming months that could significantly change the existing job description associated with the position; and WHEREAS, GovTemps USA LLC. of Deerfield, Illinois is able to provide advertising, recruitment and selection services of qualified individuals on a temporary basis; and WHEREAS, this resolution, once adopted , will authorize staff to execute a professional services agreement with GovTemps USA to temporarily fill the vacant position of Principal Clerk for the Fire Department and provide the Village with the option to hire the individual on a full time basis subject to the operational conditions that exist at the end of the six month contract period; SECTION l: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village President is hereby authorized to execute and the Village Clerk to attest to a contract with GovTemps LISA LLC. in substantial conformity with Attachment "A" attached hereto and made a part hereof. SECTION 3: The Village Administratoror his designee is hereby authorized to take all appropriate actions to implement the contract. SECTION 4: This Resolution shall be in full force and effect from and upon its passage and approval. PASSED THIS 11 °' DAY OF .tune 2012. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED by me this I 1 `i' day of June 2012. Daniel J. Staackmann, Village President Village of Morton Grove Cook Comity, Illinois APPROVED and FILED in my office this 12`" day of June 2012, Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois ATTACHMENT "A" THIS EMPLOYEE LEASING AGREEWENT (this "Agreement ") is made this 12 "day of June 2012 ( "Effective Date ") by and between GOVTEMPUSA, LLC, an Illinois limited liability company ( "GovTemp "), and Village of Morton Grove (the "Municipality ") (GovTemp and the Municipality may be referred to herein individually as "Party" and collectively as the "Parties ") RECITALS The Municipality desires to lease certain employees of GovTemp to assist the Municipality in its operations and GovTemp desires to lease certain of its employees to the Municipality on the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below, and other good and valuable considerations, the receipt and sufficiency of which are mutually acknowledged by the Parties, the Parties hereby agree as follows: !.." # Section 1.01. Worksite Employee. The Municipality hereby agrees to engage the services of GovTemp to provide, and GovTemp hereby agrees to supply to the Municipality, the personnel fully identified on Exhibit A hereto, hereinafter the "Worksite Employee." Exhibit A to this Agreement shall further identify the employment position and/or assignment ( "Assignment ") the Worksite Employee shall fill at the Municipality and shall further identify the base compensation for each Worksite Employee, as of the effective date of this Agreement. Exhibit A may be amended from time to time by a replacement Exhibit A signed by both GovTemp and the Municipality. GovTemp shall have the sole authority to assign and/or remove the Worksite Employee, provided, however, that the Municipality may request, in writing, that GovTemp remove or reassign the Worksite Employee, such request shall not be unreasonably withheld by GovTemp. The Parties hereto understand and acknowledge that the Worksite Employee shall be subject to the Municipality's day -to -day supervision. Section 1.02. Independent Contractor. GovTemp is and shall remain an independent contractor, and not an employee, agent, partner of, or joint venturer with, the Municipality. GovTemp shall have no authority to bind the Municipality to any commitment, contract, agreement or other obligation without the Municipality's express written consent. SECTION 2 1 i ., r a a Section 2.01. Payment of Wager. GovTemp shall timely pay the wages and related payroll taxes of the Worksite Employee from GovTemp's own account in accordance with federal and Illinois law and GovTemip's standard payroll practices. GovTemp shall withhold from such wages all applicable taxes and other deductions elected by the Worksite Employee. GovTemp shall timely forward all deductions to the appropriate recipient as required by law. The Municipality he acknowledges that GovTemp may engage a financial entity to maintain its financing and record keeping services, which may include the payment of wages and related payroll taxes in accordance with this Section 2.01. The Municipality agrees to cooperate with any such financial entity to ensure timely payment of (i) wages and related payroll taxes pursuant to this Section 2.01, and (ii) Fees pursuant to Section 3.03. Section 2.02. Workers' Compensation. To the extent required by applicable law, GovTemp shall maintain and administer workers' compensation, safety and health programs. GovTemp shall maintain in effect workers' compensation coverage covering all Worksite Employee and complete and file all required workers' compensation forms and reports. Section 2.03. Employee Benefits. GovTemp shall provide to Worksite Employee those employee benefits fully identified on Exhibit B hereto. GovTemp may amend or terminate any of its employee benefit plans according to their terms. All employee benefits, including severance benefits for Worksite Employee will be included in Fees payable to GovTemp under Section 3.01 of this Agreement. Section 2.04. Maintenance and Retention of Payroll and Benefit Records. GovTemp shall maintain complete records of all wages and benefits paid and personnel actions taken by GovTemp in connection with any of the Worksite Employee, shall retain control of such records at such GovTemp location as shall be determined solely by GovTemp, and shall make such records available as required by applicable federal, state or local laws. Section 2.05. tither Obligations of GovTemp. GovTemp shall be responsible for compliance with any federal, state and local law that may apply to its Worksite Employee(s). Section 2.06. Direction and Control. The Parties agree and acknowledge that the Municipality has the right of direction and control over the Worksite Employee, including matters of discipline, excluding removal or reassignment, as provided for by Section 1.01. The Worksite Employee shall be supervcsed, directly and indirectly, and exclusively by the Municipality's supervisory and managerial employees. Section 2.07. Obligations of the Municipality. As part of the employee leasing relationship, the Municipality hereby covenants, agrees and acknowledges: (a) The Municipality shall comply with OSHA and all other health and safety laws, regulations, ordinances, directives, and rules applicable to the Worksite Employee or to his or her place of work. The Municipality agrees to comply, at its expense, with all health and safety directives from GovTemp's internal and external loss control specialists, GovTemp's workers' compensation carrier, or any government agency having jurisdiction over the place of work. The Municipality shall provide and ensure use of all personal protective equipment as required by any federal, state or local law, regulation, ordinance, directive, or rule or as deemed necessary by GovTemp's workers' compensation carrier. GovTemp and GovTemp's insurance carriers shall have the right to inspect the Municipality's premises to ensure that the Worksite Employee is not #10143062_0 2 exposed to an unsafe work place. In no way shall GovTemp's rights under this paragraph affect the Municipality's obligations to the Worksite Employees under applicable law or to GovTemp under this Agreement; (b) With respect to the Worksite Employees, the Municipality shall comply with all applicable employment - related laws and regulations, including and, without limitation, Title VII of the Civil Rights Act of 1964, as amended, (Title VII), the Americans With Disabilities Act of 1990 (ADA), the Age Discrimination in Employment Act (ADEA), the Equal Pay Act of 1963, the Civil Rights Acts of 1866 and 1871 (42 U.S.C. § 1981), the Family and Medical Leave Act of 1993, the Fair Labor Standards Act of 1938, the National Labor Relations Act, the Employee Retirement Income Security Act of 1974, the Illinois State Constitution, the Illinois human Rights Act, and any other federal, state or local law, statute, ordinance, order, regulation, policy or decision regulating wages and the payment of wages, prohibiting employment discrimination or otherwise establishing or relating to rights of employees; (c) The Municipality shall retain the right to exert sufficient direction and control over the Worksite Employee as is necessary to conduct the Municipality's business and operations, without which, the Municipality would be unable to conduct its business, operation or comply with any applicable licensure, regulatory or statutory requirements; (d) The Municipality shall not have the right to remove or reassign the Worksite Employee unless mutually agreed to in writing by GovTemp and the Municipality in accordance with Section 1.01; (e) The Municipality agrees that the Municipality shall pay no wages, salaries or other forms of direct or indirect compensation, including employee benefits, to Worksite Employee; (f) The Municipality shall report to GovTemp any injury to any Worksite Employee of which it has knowledge within twenty -four (24) hours of acquiring such knowledge. If a. Worksite Employee is 141ured in the course of performing services for the Municipality, the Municipality and GovTemp shall follow the procedures and practices regarding injury claims and reporting, as determined by GovTemp. Upon receipt of notification from GovTemp or its insurance carrier that an injured Worksite Employee is able to return to workk and perform "light duty," the Municipality shall immediately make available an appropriate light duty work assignment for such Worksite Employee to the extent required or permitted by any applicable law; and (g) 77ne Municipality shall report all on-the-job illnesses, accidents and injuries of the Worksite Employee to GovTemp within twenty -four (24) hours following notification of said injury by employee or employee's representative. #10143062v3 SECTION 3 FEES PAYABLE TO GGVTEMP Section 3.01. Fees. The Municipality hereby agrees to pay GovTemp fees for the services provided under this Agreement as follows: (a) The base compensation as fully identified on Exhibit A, as amended; plus (b) Any employee benefits GovTemp paid to the Worksite Employee as identified on Exhibit B hereto, including, but not limited to, salary; wages; commissions; bonuses; sick pay; workers' compensation, health and other insurance premiums; payroll, unemployment, FICA and other taxes; vacation pay; overtime pay; severance pay; monthly automobile allowances, and any other- compensation or benefits payable under any applicable GovTemp pension and welfare benefit plan or federal, state or local laws covering the Worksite Employee. Section 3.02. Increase in Fees. GovTemp may increase fees to the extent and equal to any mandated tax increases, e.g. FICA, FUTA, State Unemployment taxes when they become effective. GovTemp may also adjust employer benefit contribution amounts by providing the Municipality with a written thirty (30) day notice, provided, such changes in employer benefit contribution amounts apply broadly to all GovTemp employees. Section 3.03. Pav ment method. Following the close of each month during the term of this Agreement, GovTemp shall provide the Municipality a written invoice for the fees owed by the Municipality pursuant to this Agreement for the prior month. Within ten (10) days following receipt of such invoice, the Municipality shall pay all invoiced amounts by check, wire transfer or electronic funds transfer to GovTemp to an account or lockbox, as designated on the invoice. SECTION 4 INSURANCE Section 4.01. General and Professional Liability Insurance. The Municipality shall maintain in full force and effect at all times during the term of this Agreement a Comprehensive (or Commercial) General Liability are Prafessional Liability (if applicable) insurance policy or policies (the "Policies "), with minimum coverage in the amount of $1,000,000 per occurrence, $3,000,000 aggregate. At a minimum, the Policies shall insure against bodily injury and property damage liability caused by on- premises business operations, completed operations and/or products or professional service and non -owned automobile coverage. Section 4.02. Certificate of Insurance. Upon request, the Municipality shall provide GovTemp with one or more Certificates of Insurance, verifying the Municipality's compliance with the provisions of Section. 4.01. Section 4.03. Autornibile Liability Insurance. If the Worksite Employee drives a Municipal or personal vemcle for any reasori in connection with his or her Assignment, the Municipality shall maintain in efcect automobile liabiht}; insurance which shall insure the Worksite Employee, GovTemp and the Municipality against liability for bodily injury, death and property damage. #10143062_0 . r # » ; rdlufm Section 5.01. Ef'f'ective and Termination )Dates. This Agreement shall become effective on 20 and shalt cont hn effect thereafter for a period of six L63 month(s) /year(s), or until it is temainated in accordance with the remaining provisions of this Section S. For the purposes of the Agreement, the date on which this Agreement expires and/or is terminated shall be referred to as the "Ternnination Date." Section 5.02. Termination of Agreement for Failure to Pay Fees. If the Municipality fails to timely pay the fees required under this Agreement, GovTemp may give the Municipality notice of its intent to terminate this Agreement for such failure and if such failure is remedied within ten (10) days, the notice shall be of no further effect. If such failure is not remedied within the ten (10) day period, GovTemp shall have the right to terminate the Agreement upon expiration of such remedy period. Section 55.03. Termination of Agreement fior late materially breaches this Agreement, the non- breach;rug Parry notice of its intent to terminate this Agreement for such breach within ten (I0) days, the notice shall be of no fiulher effect. within the ten (10) day period, the non - breaching Party shall terminate the Agreement upon expiration of such remedy period. SECTION 6 NON- SOLICrfATION -ial Breach. If either Parry shall give the breaching Party and if such breach is remedied If such breach is not remedied have the right to immediately Section 6.01. Pion - Solicitation. The Municipality acknowledges GovTemp's legitimate interest in protecting its business for a reasonable time following the termination of this Agreement. Accordingly, the Municipality agrees that during the term of this Agreement and for a period of two (2) years thereafter, the Municipality shall not solicit, request, entice or induce Worksite Employee to terminate his or her employment with the GovTemp, nor shall the Municipality hire Worksite Employee as an employee. Section 6.02. Injunctive Belief. The Municipality recognizes that the rights and privileges granted by this Agreement are of a special, unique, and extraordinary character, the loss of which cannot reasonably or adequately be c;orapensated for in damages in any action at law. Accordingly, the Muaaicipality understands and agrees that GovTemp shall be entitled to equitable relief; including a temporary restraining order and preliminary and permanent injunctive relief, to prev ent or mjosn a breach of Section 6.01 this Agreement. The Municipality also understands and agrees that any such equitable relief shall be in addition to and not in substitution for, any other relief to which the GovTemp may be entitled. Section 6.03. Sur�viv$l. The provision of this Section 6 shall survive any termination of this Agreement. #1014306210 3 SECTION 7 DISCLOSURE AND INDEMNIFICATION PROVISIONS Section 7.01. Indemnification by GovTemp. GovTemp agrees to indemnify, defend and hold the Municipality and its related entities or their agents, representatives or employees (the "Municipality Parties ") harmless from and against all claims, liabilities, damages, attorney's fees, costs and expenses ( "Losses ") (a.) arising out of GovTemp's breach of its obligations under this Agreement, (b) related to the actions or conduct of GovTemp and its related business entities, their agents, representatives, and employees (rhe "GovTemp Parties "), taken or not taken with respect to the Worksite Employees that relate to events or incidents occurring prior or subsequent to the term of this Agreement, and (c) ai<, sing from any act or omission on the part of GovTemp or any of the GovTemp Parties, Section 7.02. Indemnification by the Municipality. The Municipality agrees to indemnify, defend and hold the GovTemp Parties harmless from and against all Losses (a) arising out of the Municipality's breach of its obligations under this Agreement, (b) relating to any activities or conditions associated with the Assignment, including without Iimitation, the Worksite Employee workers' compensation claims, and (c) arising from any act or omission on the part of the Municipality or any of the Municipality Parties. Notwithstanding the foregoing, the Municipality shall have no obligations to the GovTemp Parties under this Section with respect to Losses arising out of events or incidents occurring before or after the term of this Agreement. Section 7.03. Indemnification Procedures., The Party that is seeking indemnity (the "Indemnified ??an y ") from the other Panty (they "Indenuuzying Party ") pursuant to this Section 7, shall give the Indemnifying Party prompt notice of any such claim, allow the Indemnifying Party to control the defense or settlement of such claim anal cooperate with the Indemnifying Party in all matters related thereto; provided however that, prior to the Indemnifying Party assuming such defense and upon the request of the Indemni.ned Party, the Indemnifying Party shall demonstrate to the reasonable satisfaction of tine indemnified Party that the Indenunifying Party (a) is able to fully pay the reasonably anticipated indenmity arnounts under this Section 7 and (b) takes steps satisfactory to the Indemnified Party to ensure its continued ability to pay such amounts. In the event the Indemnifying Party does not ^control the defense, the Indemnified Party may defend against any such claim at the Indemnifying Party's cost and expense, and the Indemnifying Panty shall fully cooperate with the Indemnified Party, a:' no charge to the Indemnified Party, in defending such potential boss, inckiding„ without `.irni ation, using reasonable commercial efforts to keep the relevant Worksite Employee available. In the event the Indemnifying Party controls the defense, the Indemn3fned Panty shall be entitled, at its own expense, to participate in, but not control, such defense. The failure to promptly notify the Indemnifying Party of any claim pursuant to titis Section shall not relieve such Indetnnii~; mg Party of any indemnification obligation that it may ,have to the Indcnsz 5ed Party, except to the extent that the Indemnifying Part} demonstrates that the defense of such aciion has been materially prejudiced by the Indemnified Party's failure to timely give such notice. Section 7.04. Survival of Indemnification Provisions. T he provisions of this Section 7 shalt survive the expirai.ion or other termination of this Agreement. #1014106223 6 ! DDI ON L PROVISIONS Section 8.01. Amendments. its Agreement may be amended at any time and from time to time, but any amendment must be in writing and signed by all of the Parties to this Agreement, except for changes to the fees as set forth in Section 3. Section 8.02. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the Parties and their respective heirs„ successors, representatives and assign. Neither Party may assign, its rights or delegate its duties hereunder without the express written consent of the other Party, which consent shall not be unreasonably withheld. Section 8.03. Counterpart Execution. This Agreement may be executed and delivered in any number of counterparts,: each of Wn' ich shall be an original, but all of which together shall constitute one and the same instrument. This Agreement may be executed and delivered via facsimile. Section 8.04, Definitions, Terms and phrases defined in any part of this Agreement shall have the defined meanings wherever used throug'out the Agreement. The terms "hereunder" and "herein" and similar terms used in this Agreement shall refer to this Agreement in its entirety and not merely to the section, subsection or paragraph In which the term is used. Section 8.05. Entire Agreetrre®,:. This Agreement constitutes the entire agreement between the Parties regarding GovTerap's provision of ulorksite Employee to the Municipality, and contains all of the'tedrt:s, conditions, covenants, s'iipulations, understandings and provisions agreed upon by the Parties. Tn°vs Agreement supersedes and takes precedence over all proposals, memorandum agreements, tentative agreements, and oral agreements between the Parties, made prior to and including the date hereof, and not specifically identified and incorporated in writing into this Agreement. No agent or representative of either Party hereto has authority to make, and the Parties shall not be bound by or liable for, any statement, representation, promise, or agreement not specifically set forth in this Agreement. Section 8.06. Prartber Assu a,ma vs. Each of the Parties shall execute and deliver any and all additional papers, documents, arnd other assurances and shall do any and all acts and things reasonably arecessar l in connection'. v++itlr the performances of their obligations he and to carry out the interxt of the parties hereto. Section 8.07. Gender. 'Whenever the context herein so requires, the masculine, feminine or neuter gender and the singular and plural number shall each be deemed to include the other. Section 8.08. Notices. Notices given under this Agreement shall be in writing and shall either be served personaHy or delivered by certilled first class U.S. Mail, postage prepaid and return receipt requested of by oven�cn ght aCelavery service. Notices also may effectively be given by transmittal over el.Ctranic transmitting devices such as 'telex or facsimile machine if the Party to whom the notice is being sent: has such a. device in its office, provided that a complete copy of any notice shall be mailed ita the same manner .as required for a mailed notice. #101430620 7 Notices shall be deemed received at the earlier of actual receipt or three days from mailing date. :Notices shall be dire:ctad to the Parties of their respective addresses shown below. A Party may change its address for notice by giving viritten notice to the other Party in accordance with this Setstion: If to GovTemp: GOV'a LMPUSA, LLC 500 Lake Cook Road, Suite 350 Deerfield, Illinois 60015 Attention: 3oellen C. Earl Telephone: 847 -580 -4246 Facsimile: 847 -256 -7298 If to the Mwticipality: Village of Morton Grove 6101 Caput inaAvenue Morton Grove, Illinois 60053 Attn: Fire Chief Tom Friel Telephone: 847/470 -5226 Facsimile: 847/965 -7711 Section 8.09. Section Headings, Section and other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement, Section 8.10. Sevaerability. if ar i, part or condition of this Agreement is held to be void, invalid or inoperative, such shall not affect any other provision hereof, which shall continue to be effective as though such void, invalid or inoperative, Part. clause or condition had not been made. Section 8.11. Waiver of Provisions. The failure by one Party to require performance by the other Party shall not be deemed to be a waiver of any such breach, nor of any subsequent breach by the other Parry of any provision of this .Agreement. Such waiver shall not affect the validity of this Agreement, nor prejudice either Party's rights in connection with any subsequent action. Any provision of this Agreement may be waived if but only if, such waiver is in writing signed by the Party against whom the. waiver is to be effective. Section 8.12. C:onfi� enti0tr. Fach Party shall protect the confidentiality of the other's records and information and shall not disclose confidential information without the prior written consent of the other Party. Each Party shall reasonably cooperate with the other Party regarding any Freedom of Information Act (FOIA) request callin? for production of documents related to this Agreement. Section 8.1:1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of lllitrois applicable to contracts made and to be performed entirely within such state, extent the law of conflicts. Sectiton 8.14. Arbitration. #10143062 0 (a) Negotiation/Arbitration Process. The parties will attempt to settle any dispute arising out of or relating to this Agreement, or the breach thereof, through good faith negotiation between the parties. if settlement cannot be reached through good faith negotiation within thirty � 30) days after the initial receipt by the allegedly offending parry of written notice of the dispute, the controversy or claim shall be settled by binding arbitration conducted before a single arbitrator who is Imowledgeable in employment law. Either party may submit the dispute to arbitration. The arbitration will be conducted in accordance with the then applicable rules and regulations of the American Arbitration Association ("AA-A"). The arbitration will be held in Lake County, Illinois. The arbitrator shall be mutually weed upon 'by the parties, but if they are unable to agree on an arbitrator, the arbitrator shall be appainted by AAA.. All arbitration proceedings shall he closed to the public and confidernial. An records relating thereto shall be permanently sealed, except. as necessary to obtain court confirmation of the arbitrator's decision. {b} Arbitration Award. The arbtuator will be bound by the terms and conditions of this Agreement and shall have no power, in rendering his or her award, to alter or depart from any express provision of this Agreement, and his or her failure to observe this Imitation shall constitute grounds for vacating the award. Except as otherwise provided in this Agreement, the arbitrator shall apply the law specified in Section i3. The arbitrator will not be empowered to award punitive damages except for vi llfttl misconduct. The award of the ar`oitrator shall be final and binding upon the parties and jud €nncnt upon the award may be entered in any court having jurisdiction thereof LSigasrafures onfoliowin page] #10143662 v3 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed as of the day and year first above written. GD Y r.M USA, L1,C, an Illinois Iimited liability company By ^_ Name: VILLAGE OF MORTON GROVE :y_ _ Idas�se: Daniel J. Staackmann Title: Village President [Signature Page to Employee Leasing Agreement) s. WORKSITE EMPLOYEE: POSITION /ASSIGNMENT: BASE COMPENSATION: GOVTEIVfPUSA, INC.: By: Date: MIJNICIPALITY: By: Date: This Exhibit A fully replaces all Exhibits A dated prior to the date of the Company's signature above. Exhibit A -I }y 1, „ ?tl i1 I #10143062_x3 _ Exhibit B -1 Legislative Summary Resolution 12-46 AUTHORIZING THE DISPOSITION OF UNCLAIMED BICYCLES RECOVERED BY THE MORTON GROVE POLICE DEPARTMENT Introduced: June I1, 2012 Synopsis: To authorize the Village President to approve the donation of seven (7) found or abandoned bicycles in the Village of Morton Grove. Since ownership of the bicycles was not ascertained, ownership will be transferred to the Village so the bicycles can be donated to the °s cy touts of America .Troop 9821 ", a not -for- profit group located in Niles, Illinois. Purpose: Due to lack of bicycle storage space, bicycles need to be disposed of on a regular basis. Background: The Morton Grove Police Department on a regular basis receives calls for found bicycles in the Village. The bicycles are collected and inventoried and stored in the Police garage. They are kept at least six (6) months to allow the I department to ascertain ownership. If no owner information is found, the department can dispose of the bicycles in accordance with department policies and state guidelines. In the past, auctioning off the bicycles was not cost effective due to the rninor value of the bicycles. Programs, Departments Police Department. or Groups Affected Fiscal Impact: None. Source of Funds: Not Applicable. Workload Impact: The logistics of the donation will be coordinated by the Police Department. Administrator Approval as presented. Recommendation: Second Reading: Not Required Special Considerations or None Requirements: i Respectfully submitted: Prepared by: &Z-4�vt�k- ,�� Reviewed by: Mark Erickson, Chief of Police Teresa Corporation Counsel AUTHORIZING THE DISPOSITION OF UNCLAIMED PROPERTY RECOVERED BY THE MORTON GROVE POLICE DEPARTMENT 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 Morton Grove Police Department made reasonable inquires and efforts to identify, notify, and /or locate the owners of the accumulated property and such information has not been ascertained within at least six (6) months; and WHEREAS, pursuant to Section 765 ILCS 1030/3, the Chief of Police has determined the interests of the public would best be served by transferring custody of the property directly to the Village; and WHEREAS, in reviewing comparable results from auctions in the past, the relative minor value of said property and the cost of conducting an auction of said property, it would be in the best interests of the Village to dispose of said property through a donation; and WHEREAS, the Boy Scouts of America Troop #821, a not- for -profit organization located in, Niles, Illinois, has expressed an interest in accepting this donation of personal property for use in their fund raising activities. MOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Pursuant to Section 65 ILCS 5/11 -76 -4 and Section 765 ILCS 1030/3 of the Illinois Compiled Statutes, the Mayor and Board of Trustees of the Village find the following property: 7 - bicycles now in the custody of the VILLAGE are no longer necessary or useful to said Village and the best interest of the Village of Morton Grove will be served by a donation to The Boy Scouts of America Troop # 821, Niles, Illinois, and therefore the Police Chief is hereby authorized to take custody of the bicycles on behalf of the Village and thereafter to donate the bicycles to The Boy Scouts of America Troop #821, Niles, Illinois. SECTION 3: This Resolution shall be in full force and effect from and after its passage md approval in the manner provided by law. PASSED this 1 I" day of June 2012. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED by me this 11"i day of June 2012. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 1 I "' day of June 2012. Tony S. Itialogerakos, Village Clerk Village of Morton Grove Cook County, Illinois 7 - bicycles Leaisiative Summary Ordinance 12 -15 ADOPTING AND APPROVING A TAX INCREMENT REDEVELOPMENT PLAN AND PROJECT AREA IN THE VILLAGE OF MORTON GROVE, ILLINOIS Introduced: I May 14, 20 12 Synopsis: This ordinance will authorize the Village to adopt and approve a Dempster /Waukegan Tax Increment Redevelopment Plan and Project Area Purpose: To reverse declining property values and EAV in the Prairie View Shopping Center and adjacent areas, and encourage private investment to enhance the District, and real estate and sales tax bases, and to attract retailers to satisfy the consumer requirements of residents and shoppers in the area. Background: jj Over the past several years, the Prairie View Shopping Center has experienced declining property values, and vacancies. This decline has had an adverse effect on surrounding properties. In 201 I, the owners of !!; the shopping center approached the Village proposing a plan to do major renovations to the center, but Cinformed the Village they will not be able to do so without Village assistance due to the high cost, the uncertain economic climate and increased M WRD and related requirements. The Village then retained S.B. Friedman and Company to conduct an eligibility analysis of this area. Based on their report dated February 29, 2012, S.B. Friedman and Company determined eligibility factors required for the creation of a Tax Increment Financing District were present for blight in the area. The Village then convened a Joint Review Board consisting of representatives of local taxing districts. The Joint Review Board reviewed and recommended the approval of Tax Increment Financing for the area designated as the Dempster/ Waukegan Redevelopment Project Area. In order to create a TIF District it is necessary the Corporate Authorities to make certain findings required by the statute. These findings include the area be more than '/ acres in size and conditions of blighting exist. In order to comply with the Tax increment Allocation Redevelopment Act (TIF Act), the Village, after proper notice, held a Public Hearing on April 30, 2012. It also conducted a Joint Review Board meeting which concluded on May 3, 2012. In addition to these meetings, the Village held approximately eleven other public meetings where the creation of the tax increment financing district was discussed. This ordinance will incorporate findings of the Corporate Authorities which concur with the report dated February 29, 2012, by S.B. Friedman and Company. The Corporate Authorities believe the proposed area on the whole has not been subject to growth and development through private investment and private investment and growth will not occur without the approval of the plan and project and the designation of the area as a Tax Increment Redevelopment Area. Upon approval of this ordinance, a certified copy of the ordinance will be filed with the County Clerk of Cook County. Programs, Departs Administration and Legal Departments or Groups Affected Fiscal Impact: N/A i Source of Funds: N/A Workload Impact: The Village Administrator and Corporation Counsel will oversee implementation of the plan. AdminRecommend: Approval as presented Second Reading: June IL 2012 Special Consider or E None Requirements: Respectfully submitted: Administrator Prepared by: 1' k% Teresa Hoffman T istpit;poration Counsel ADOPTING AND APPROVING A TAX INCREMENT REDEVELOPMENT PLAN AND PROJECT AREA IN THE VILLAGE OF MORTON GROVE, ILLINOIS WHEREAS, the President and Board of Trustees ( "Corporate Authorities ") of the Village of Morton Grove, Cook County, Illinois (the "Village ") have heretofore determined that the stable economic and physical development of the Village is endangered by the presence of blighting factors, with a resulting decline of the Village which impairs the value of private investments and threatens the sound growth and the tax base of the Village and the taxing districts having the power to tax real property in the Village (the "Taxing Districts ") and threatens the health, safety, morals and welfare of the public; and WHEREAS, the Corporate Authorities have heretofore determined that in order to promote and protect the health, safety, morals and welfare of the public that blighting conditions in the Village need to be eradicated and conservation measures instituted, and that the redevelopment of the proposed Dempster /Waukegan Redevelopment Project Area in a portion of Village (the "Arco') should be undertaken, and that to remove and alleviate adverse conditions in the Area it is necessary to encourage private investment and restore and enhance the tax base of the Village and the Taxing Districts by such redevelopment; and WHEREAS, the Village has heretofore evaluated various lawfully available programs to provide such assistance and has determined that the use of tax increment allocation financing pursuant to the Tax Increment Allocation Redevelopment Act, as amended, constituting Division 74.4 of Article 11 of the Illinois Municipal Code (the "Act') is necessary to achieve the redevelopment goals of the Village for the Area; and WHEREAS, the Village has heretofore caused to be conducted an eligibility analysis as part of "Dempster /Waukegan Tax Increment Financing District Eligibility Study, Redevelopment Plan and Project ", dated February 29, 2012 (the "Plan" and "Project "), prepared by S.B. Friedman & Company, a planning and development advisory firm recognized for expertise in tax increment allocation and redevelopment financing in the State of Illinois; and; and WHEREAS, the eligibility analysis in the Plan and Project concludes that the proposed Area qualifies as a redevelopment project area pursuant to the Act; and WHEREAS, the proposed Plan and Project do not include the development of vacant land (i) with a golf course and related clubhouse and other facilities or (ii) designated by a federal, state, county or municipal government as public land for outdoor camping and hunting activities or for nature preserves and used for that purpose within five (5) years prior to the adoption of this Ordinance; and WHEREAS, the implementation of the Plan and Project will not result in displacement of residents from inhabited units; and WHEREAS, the Plan and Project sets forth in writing the program to be undertaken to accomplish the objectives of the Village and includes estimated redevelopment project costs proposed for the Area, evidence indicating that the proposed Area on whole has not been subject to growth and development through investment by private enterprise, an assessment of the financial impact of the proposed Area on any increased demand for services from any taxing district affected by the Plan and Project and any program to address such financial impact or increased demand, the sources of funds to pay costs, the nature and term of the obligations to be issued, the most recent equalized assessed valuation of the proposed Area, an estimate as to the equalized assessed valuation after redevelopment and the general land uses to apply in the proposed Area, a commitment to fair employment practices and an affirmative action plan, and the Plan and Project accordingly comply in all respects with the requirements of the Act; and WHEREAS, pursuant to section 1 ] - 74.4 -4.2 of the Act, the Village is required to establish an interested parties registry for activities related to a redevelopment project area, and, pursuant to an ordinance adopted on November 11, 2002, the Corporate Authorities approved rules to implement the registration process for such registries; and WHEREAS, pursuant to section 11- 74.4 -5(a) of the Act, prior to the adoption of ordinances proposing the designation of a redevelopment project area or approving a redevelopment plan, the Village caused the following actions to be taken: on February 29, 2012, the proposed Plan and Project were placed on file with the Village Clerk; on March 1. 2012, notice was published in the Morton Grove Champion indicating that interested persons may register with the Village in order to receive information on the proposed designation of the Area and approval of the Plan and Project; on March 15, 2012, copies of the proposed Plan and Project were sent by certified mail to the Taxing Districts; on or about March 16, 2012, the Village mailed notice of the availability of the Plan and Project and how to obtain information relating to the plan (i) to all residential addresses that, after a good faith effort, the village determined are located outside the boundaries of the proposed Area which are within 750 feet of the boundaries of the proposed Area and (ii) to all organizations and residents that had registered with the Village in the interested parties registry; and WHEREAS, pursuant to section 11- 74.4 -5(b) of the Act, the Village convened a joint review board ('Voint Review Board") to consider the proposal to designate the proposed Area under the Act, and such Joint Review Board met at the times and as required by the Act and has reviewed the public record, planning documents and forms of ordinances to adopt and approve the Redevelopment Plan and designate the Area as a redevelopment project area under the Act; WHEREAS, the Joint Review Board adopted by majority vote a recommendation to approve the Plan and Project and designate the Area as a redevelopment project area under the Act, having reached its decision on the basis of the Area and Project satisfying the Plan requirements, the eligibility criteria defined in section 11- 74.4 -3(b) of the Act and the objectives of the Act; and WHEREAS, pursuant to section 11- 74.4 -5(a) of the Act, the Village Board by ordinance called a public hearing (the "Hearing ") relative to the approval of the Plan and Project, the designation of the proposed Area and the adoption of tax increment allocation financing, and fixed the time and place for such Hearing on April 30, 2012, at 7:00 p.m. in the Flickinger Municipal Center, located at 6101 Capulina Avenue, Morton Grove, IL 60053; and WHEREAS, pursuant to section 11- 74.4 -6(a) of the Act, due notice with respect to such Hearing was given by certified mail to taxpayers within the proposed Area on April 9, 2012, and by publication in the Morton Grove Champion on April 9, 2012 and April 16, 2012; and 2 WHEREAS, pursuant to section 11- 74.4 -6(b) of the Act, due notice with respect to such Hearing was given by certified mail on March 15, 2012, and such notice, together with a copy of the Redevelopment Project and Plan, and the name of a person to contact for information, was given to the Taxing Districts and to the Department of Commerce and Economic Opportunity and included an invitation to the Taxing Districts and DCOE to submit comments to the Village concerning the subject matter of the Hearing; and WHEREAS, the Village held the Hearing at the time and place fixed in the ordinance calling for same, and at the Hearing, any interested persons and the Taxing Districts were permitted to 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 April 30, 2012; and WHEREAS, the eligibility analysis included in the Plan and Project demonstrates that the area suffers from the following factors which are present to a major extent and reasonably distributed throughout the Area: obsolescence of buildings, deterioration; presence of structures below minimum code standards; excessive vacancies; inadequate utilities; lack of community planning and lack of growth in equalized assessed value; and WHEREAS, the Corporate Authorities have reviewed the eligibility analysis contained in the Plan and Project, testimony from the public hearing, the recommendation of the Joint Review Board, and such other matters or studies as the Corporate Authorities have deemed necessary or appropriate to make the findings set forth herein and are generally informed of the presence of the conditions existing in the proposed Area and have reviewed the conditions pertaining to real property in the proposed Area to deternine whether the proposed Area is contiguous and that there exist conditions that cause the proposed Area to be classified as a blighted area under the Act; and WHEREAS, the Corporate Authorities have reviewed the evidence indicating that the proposed Area on the whole has not been subject to growth and development through investments by private enterprise and have reviewed the conditions pertaining to the Iack of private investment in the proposed Area to determine whether private development would take place in the proposed Area as a whole without the approval of the Plan and Project, the designation of a tax increment redevelopment area and the adoption of tax increment financing; and WHEREAS, the Corporate Authorities have made an assessment of any financial impact of the proposed Area on, or any increased demand for services from, the Taxing Districts affected by the proposed Plan and Project and any program to address such financial impact or increased demand; and WHEREAS, the Corporate Authorities have reviewed the proposed Plan and Project and also the existing comprehensive plan of the Village as a whole to determine whether the proposed Plan and Project conform to such comprehensive plan of the Village; and WHEREAS, the Corporate Authorities have heretofore, and it hereby expressly is, determined that the Village has in all respects complied with the requirements of the Act in such actions taken to date as above recited: 3 NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, as follows: SECTION I: Incorporation of Recitals. The foregoing recitals to this Ordinance are incorporated in this Ordinance as if set out in full by this reference, and the statements and findings contained therein are found to be true and correct, and are hereby adopted as part of this Ordinance. SECTION 2: Findings, The Corporate Authorities make the following findings: (a) Tire Area is legally described in Exhibit A attached to this Ordinance and incorporated herein as if set out in full by this reference. The street location (as near as practical) for the proposed Area is described in Exhibit B to this Ordinance and is incorporated herein as if set out in full by this reference. The map of the proposed Area is attached to this Ordinance as Exhibit C and is incorporated herein as if set out in full by this reference. (b) There exist conditions which cause the proposed Area to be classified as a redevelopment project area under the Act and to be classified as a "blighted area" for improved parcels as defined in section I I- 74.4 -3(a) of the Act. Due to the presence of such conditions, the blighted area is detrimental to the public safety, health, morals and welfare. (c) The proposed Area as a whole has not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed in accordance with the public goals stated in the Plan without the adoption of the Plan. (d) The Plan and Project conform to the comprehensive plan for the development of the Village as a whole. (e) As set forth in the Plan and Project and in testimony at the Hearing, the estimated date of completion of the Project is not later than December 31, 2036, and the estimated date of the retirement of all obligations incurred to finance redevelopment project costs as defined in the Plan and Project, is not later than December 31, 2036, provided that such obligations may not mature more than twenty (20) years from their respective dates. (f) The parcels of real property in the proposed Area are contiguous, the proposed Area is not less than one and one -half acres, and only those contiguous parcels of real property and improvements thereon which will be substantially benefitted by the proposed redevelopment project improvements are included in the proposed Area. SECTION 3: Approval of Plan and Project. The Plan and Project, which were the subject matter of the Hearing held on April 30, 2012, are hereby adopted and approved. A copy of the Plan and Project is set forth in Exhibit D attached hereto and incorporated herein as if set out in full by this reference. SECTION 4: Filing bPith County Clerk. The Village Clerk is hereby directed to file a certified copy of this Ordinance with the County Clerk of Cook County, Illinois. SECTION 5: Invalidity of Any Section. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability 4 of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 6: SupercedeF; 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 1 I"' day of June 2012 Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee' hill Trustee Toth APPROVED BY ME THIS 11 `h day of June 2012 ATTESTED and FILED in my office This I I"' day of June 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Daniel J. Staaekmann, Village President Village of Morton Grove Cools County, Illinois 5 Exhibit A to Ordinance 12 -15 Boundary Legal Description of Project Area THAT PART OF THE SOUTH HALF OF SECTION 18 AND THAT PART OF THE NORTH HALF OF SECTION 19 IN TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT I IN DEMPSTER - WAUKEGAN ROAD SUBDIVISION, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 15, 1925 AS DOCUMENT NO. 9066534; THENCE NORTHERLY ALONG THE EAST LINE OF SAID DEMPSTER - WAUKEGAN ROAD SUBDIVISION TO THE NORTHEAST CORNER OF LOT 5 IN LOCHNEWS RESUBDIVISION, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18, ACCORDING TO THE PLAT THEREOF RECORDED JULY ]0, 1997 AS DOCUMENT NO. 97497619; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 5 AND ITS WESTERLY EXTENSION THEREOF TO A POINT OF INTERSECTION WITH THE WEST RIGHT -OF' -WAY LINE OF NORMANDY AVENUE; THENCE SOUTHERLY ALONG SAID WEST RIGHT -OF -WAY LINE TO A POINT ON THE SOUTH LINE OF THE NORTH 10 FEET OF LOT 18 IN SAID DEMPSTER - WAUKEGAN ROAD SUBDIVISION; 'THENCE WESTERLY ALONG SAID SOUTH LINE TO A POINT ON THE WEST LINE OF SAID LOT 18; THENCE SOUTHERLY ALONG SAID WEST LINE TO THE SOUTHEAST CORNER OF LOT 28 IN SAID DEMPSTER- WAUKEGAN ROAD SUBDIVISION; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 28 TO THE SOUTHWEST CORNER OF SAID LOT 28: THENCE WESTERLY TO THE SOUTHEAST CORNER OF LOT 59 IN SAID DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 59 TO THE SOUTHWEST CORNER OF SAID LOT 59; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 59 AND ALONG THE WEST LINE OF LOTS 58 THRU 44 INCLUSIVE IN SAID DEMPSTER - WAUKEGAN ROAD SUBDIVISION TO THE NORTHWEST CORNER OF SAID LOT 44; THENCE NORTHERLY ALONG A LINE TO THE SOUTHEAST CORNER OF LOT 16 IN STEELE'S MORTON GROVE HIGHLANDS, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18. ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6, 1924 AS DOCUMENT NO. 8540426: THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 16 AND ALONG THE EAST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING THE EAST LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF HAZEL STREET; THENCE NORTHERLY ALONG A LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT -OF -WAY LINE OF SAID HAZEL STREET AND SAID EAST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING THE EAST LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS; THENCE NORTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE TO THE NORTHEAST CORNER OF SAID STEELE'S MORTON GROVE HIGHLANDS; THENCE WESTERLY ALONG THE NORTH LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS TO THE EAST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING THE WEST LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS; THENCE SOUTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF SAID HAZEL STREET: THENCE SOUTHERLY ALONG A LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF SAID HAZEL STREET AND SAID EAST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING THE WEST LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS; THENCE SOUTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT -OF -WAY LINE CHURCHHILL STREET; THENCE WESTERLY ALONG SAID NORTH RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY EXTENTION OF THE WEST RIGHT OF WAY LINE OF NEW ENGLAND AVENUE; THENCE SOUTHERLY ALONG SAID NORTHERLY EXTENTION AND WEST RIGHT -OF -WAY LINE TO THE m NORTHEAST CORNER OF LOT 127 IN SAID DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 127 TO THE NORTHWEST CORNER OF SAID LOT 127; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 127 TO A POINT OF INTERSECTION WITH THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 170 IN SAID DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE WESTERLY ALONG SAID EASTERLY EXTENSION AND NORTH LINE TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF WAUKEGAN ROAD; THENCE SOUTHERLY ALONG SAID EAST RIGHT -OFWAY LINE TO A POINT ON THE SOUTH LINE OF LOT 156 IN DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE EASTERLY ALONG THE SOUTH LINE; OF LOT 156 AND IT'S EASTERLY EXTENSION THEREOF TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING SAID LOT 156: THENCE SOUTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 151 IN SAID DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE WESTERLY ALONG SAID EASTERLY EXTENSION AND NORTH LINE TO A POINT ON SAID EAST RIGHT -OF -WAY LINE OF WAUKEGAN ROAD; THENCE SOUTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 24 IN FOREST VIEW SUBDIVISION, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 23, 1925 AS DOCUMENT NO. 8824972; THENCE WESTERLY ALONG SAID EASTERLY EXTENSION, SOUTH LINE AND WESTERLY EXTENSION THEREOF TO A POINT OF INTERSECTION WITH THE WEST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING SAID LOT 24; THENCE NORTHERLY ALONG SAID WEST RIGHT -OF -WAY LINE TO THE NORTHEAST CORNER OF LOT 114 IN SAID FOREST VIEW SUBDIVISION; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 114 AND IT'S WESTERLY EXTENSION THEREOF TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF SAYRE AVENUE; THENCE SOUTHERLY ALONG SAID WEST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 114; THENCE EASTERLY ALONG SAID WESTERLY EXTENSION AND SOUTH LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 26 IN SAID FOREST VIEW SUBDIVISION; THENCE SOUTHERLY ALONG SAID NORTHERLY EXTENSION AND WEST LINE TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF DEMPSTER STREET; THENCE WESTERLY ALONG SAID NORTH RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 5 IN FINK AND OTHERS SUBDIVISION, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18 AND NORTH HALF OF SECTION 19 ACCORDING TO THE PLAT THEREOF RECORDED APRIL 12,189n) 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 7 RECORDED JANUARY 6, 1882 AS DOCUMENT NO, 368124; THENCE EASTERLY ALONG SAID WESTERLY EXTENSION AND SOUTH LINE OF THE NORTH 330 FEET TO A POINT ON THE CENTER LINE OF THE 16 FOOT PUBLIC ALLEY (NOW VACATED) IN BLOCK 7 IN SCHRADEWS ADDITION TO MORTON GROVE (NOW VACATED) BEING A SUBDIVISION OF SAID LOT 2 IN WHITE'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY I I, 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 SCHRADEWS ADDITION TO MORTON GROVE; THENCE NORTHERLY ALONG SAID CENTERLINE TO A POINT ON THE NORTH LINE OF SAID LOT 2 IN WHITE'S SUBDIVISION; THENCE EASTERLY ALONG SAID NORTH LINE TO A POINT ON THE EAST LINE OF THE WEST 763 FEET OF THE EAST 26.31 ACRES OF LOT I IN SAID WHITE'S SUBDIVISION; THENCE NORTHERLY ALONG SAID EAST LINE TO A POINT ON THE SOUTH LINE OF THE PARCEL OF LAND DESCRIBED BY DOCUMENT NO. 90402807, RECORDED AUGUST 17, 1990; THENCE EASTERLY ALONG SAID SOUTH LINE TO A POINT ON THE EAST LINE OF SAID PARCEL OF LAND DESCRIBED BY DOCUMENT NO. 90402807; THENCE NORTHERLY ALONG SAID EAST LINE AND NORTHERLY EXTENSION THEREOF TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF DEMPSTER STREET; THENCE WESTERLY ALONG SAID NORTH RIGHT -OF -WAY LINE TO SAID POINT OF BEGINNING. P Exhibit B to Ordinance 1215 Street Location for Project Area The Prgiect Area is generally bounded by the following streets: on the west by Sayre Avenue, the Village corporate limits and Waukegan Road; on the east by the Cook County Forest Preserve; on the north by parcels along the western frontage of New England Avenue to approximately Churchill Street; and on the south by the north line of Meadow Lane. IM Davis Sit L ml Hazel St _. „ ISIME L y Churchill St Churchill St - Greenwood St w B > x d A' ql mz� d NE Vr W v Dempster St m Y�9 Legend RPA Boundary Assessment Blocks Parcels Note: denotes assessment block (first 7 digits of PIN) as defined by Cook County Assessor's Office N 0 600 Feet February 2012 Dempster /Waukegan Tax Increment Financing District VILLAGE OF MORTON GROVE, IL us�ruwwm www.sbfriedman.com Exhibit D to Ordinance 12 -15 Redevelopment Plan and Project VISION I ECONOMICS''. STRATEGY I FINANCE `IMPLEMENTATION SECTION 1. Executive Summary .............. 2. Introduction .......................... 3. Eligibility Analysis .................. Table of Contents .......................... 4. Redevelopment Plan and Project ........ ............................... S. Financial Plan ...................... ............................... 6. Required Findings and Tests .............................. PAGE NUMBER I .......................... 1 5 11 ............................... 24 ............... ............................... 32 ..................................... I........ 38 7. Provisions for Amending Action Plan .................................................. ............................... 41 8. Commitment to Fair Employment Practices and Affirmative Action Plan ........................... 42 Appendix 1: Boundary Legal Description ................................................ ............................... 43 Appendix 2: Summary of EAV (by PIN) .................................................... ............................... 46 LIST OF MAPS Map1: Community Context ............................................................................. ............................... 7 Map2: Boundary Map ..................................................................................... ............................... 8 Map 3: Existing Land Use Map ....................................................................... ............................... 10 Maps 4A to 4G: Summary of Improved Eligibility Factors Present to a Major Extent ........... 16 -22 Map 5: Proposed Future Land Use Map ........................................................ ............................... 30 S. B. Friedman & Company 221 North LaSalle Street Suite 820 Chicago, Illinois 60601 -1317 Phone: (312) 424-4250 info @sbfriedman.com 5B FRIEDMAN l DEVELOPMENT ADVISORS i www.sbfriedman.com 1. Executive Summary In June of 2011, S. B. Friedman & Company ( "SB Friedman ") was engaged by the Village of Morton Grove ( "the Village ") to begin a preliminary eligibility study, and was subsequently engaged to conduct a Tax Increment Financing Eligibility Study ( "Eligibility Study') and prepare a Redevelopment Plan and Project ( "Redevelopment Plan" or "Plan "). This report details the eligibility factors found within the Dempster /Waukegan Redevelopment Project Area ( "Dempster /Waukegan RPA" or "RPA ") Tax Increment Financing District in support of its designation as a "blighted area" within the definitions set forth in the Illinois Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11- 74.4 -1 et seq., as amended ( "the Act "). The report also contains the Redevelopment Plan for the Dempster /Waukegan RPA. The Dempster /Waukegan RPA consists of 55 tax parcels and 24 buildings. The study area comprises approximately 134 acres of land, of which approximately 71 acres are dedicated parking lots or rights -of- way. The majority of the parcels included in the RPA are located along Dempster Street (including Prairie View Community Center and Park) between the Village boundary to the west and Cook County Forest Preserve to the east and along Waukegan Road south to the north line of Meadow Lane. The RPA consists largely of commercial, retail, office, and public uses. Determination of Eligibility This report concludes that the Dempster /Waukegan RPA is eligible for Tax Increment Financing (TIF) designation as a "blighted area" for improved parcels. The following seven eligibility factors were found to be present to a meaningful extent and reasonably distributed throughout the improved portions of the RPA 1. Obsolescence 2. Deterioration 3. Presence of Structures below Minimum Code Standards 4. Excessive Vacancies 5. Inadequate Utilities 6. Lack of Community Planning 7. Lack of Growth in Equalized Assessed Value Goal. The overall goal of this TIF Eligibility Study and Redevelopment Plan is to reduce or eliminate conditions that currently qualify the Dempster /Waukegan RPA as a "blighted area," and to provide the direction and mechanisms necessary to establish the RPA as a vibrant commercial mixed -use area; stimulate the redevelopment of vacant, obsolete, ill- configured and underutilized parcels; and provide new or improved public infrastructure, facilities and utilities. Redevelopment of the RPA will revitalize the commercial corridor along Dempster Street and Waukegan Road, thus strengthening the economic base and enhancing the quality of life of the Village, as a whole. Rehabilitation and redevelopment of the RPA is to be achieved through an integrated and comprehensive strategy that leverages public resources to stimulate additional private investment. The 56 FRIEDMAN I DEVELOPMENT ADVISORS 7. www.sbfriedman.com Dempster/Waukegan RPA Executive Summary underlying strategy is to use Tax Increment Financing, as well as other funding sources, to reinforce and encourage new private investment. Objectives. Six objectives support the overall goal of area -wide revitalization of the Dempster /Waukegan RPA. These objectives include: 1. Foster the replacement, repair, construction and /or improvement of public infrastructure, where needed, including public utilities, sidewalks, streets, curbs, gutters, underground water and sanitary systems, and stormwater detention of adequate capacity to create an environment conducive to private investment; 2. Facilitate the rehabilitation of existing properties within the Dempster /Waukegan RPA and encourage the construction of new commercial, civic /cultural and recreational development, where appropriate; 1 Facilitate the physical improvement and /or renovation of existing building structures and facades in the Dempster /Waukegan RPA; 4. Facilitate the assembly and preparation, including demolition and environmental clean -up, where necessary, and marketing of available sites in the RPA for redevelopment and new development by providing resources as allowed by the Act; S. Provide resources for streetscaping, landscaping and signage to improve the image, attractiveness and accessibility of the RPA, create a cohesive identity for the RPA and surrounding area, and provide, where appropriate, for buffering between different land uses and screening of unattractive service facilities such as parking lots and loading areas; and 6. Support the goals and objectives of other overlapping plans, including the Village's 1999 Comprehensive Plan Update, and coordinate available federal, state and local resources to further the goals of this Redevelopment Plan, Strategies. These objectives will be implemented through four specific and integrated strategies. These include: 1. Implement Public Improvements. A series of public improvements throughout the Dempster /Waukegan RPA may be designed and implemented to create a more conducive environment for new development, prepare sites for anticipated private investment, and help define and create an identity for the area. Public improvements which are implemented with TIF assistance are intended to complement and not replace existing funding sources for public improvements in the RPA. These improvements may include new streets and sidewalks, streetscaping, improved street and sidewalk lighting, resurfacing of alleys, sidewalks, streets and other paved surfaces, improvement of underground infrastructure and physical plants, stormwater detention of adequate capacity, the creation of parks, bike paths, trails and open space, and other public improvements and utilities consistent with this Redevelopment Plan. These public improvements may be completed pursuant to redevelopment agreements with private entities SS FRIEDMAN j DEVELOPMENT ADVISORS 2 www.sbfriedman.com Dempster/Waukegan RPA Executive Summary or intergovernmental agreements with other public entities, and may include the construction, rehabilitation, renovation or restoration of public improvements on one or more parcels. 2. Assist Existing Businesses and Property Owners. The Village may provide assistance to support existing businesses and property owners in the RPA. This may include but is not limited to financial and other assistance for building rehabilitation, facade improvements, leasehold improvements, and construction of private and public facilities, such as plazas and other pedestrian amenities that are consistent with the goals of this Redevelopment Plan. 3. Encourage Private Sector Activities. Through the creation and support of public - private partnerships or through written agreements, the Village may provide financial and other assistance to encourage the private sector, including new and existing property owners and businesses, to undertake rehabilitation and redevelopment projects and other improvements that are consistent with the goals of this Redevelopment Plan. 4. Facilitate Property Assembly, Demolition and Site Preparation. Financial assistance may be provided to private developers seeking to acquire land and assemble sites for projects supportive of this Redevelopment Plan. To meet the goals, policies or objectives of this Redevelopment Plan, the Village may acquire and assemble property throughout the RPA. Land assemblage by the Village may be done by purchase, exchange, donation, lease or eminent domain, and may be for the purposes of (a) sale, lease or conveyance to private developers, or (b) sale, lease, conveyance or dedication for the construction of public improvements or facilities. Site preparation may include demolition of existing improvements and environmental remediation, where needed. The Village may require written development agreements with developers before acquiring any properties. As appropriate, the Village may devote acquired property to temporary uses until such property is scheduled for disposition and development. The required conditions for the adoption of this Redevelopment Plan and Project are found to be present within the Dempster /Waukegan RPA: 1. On the whole, the RPA has not been subject to growth and development through investment by private enterprise or not - for - profit resources. The Equalized Assessed Value (EAV) of the RPA grew at a slower rate than the balance of the Village during the past four out of five consecutive year -to -year periods for which data is available (2005 through 2009). The study area also experienced an absolute decline in EAV for the last two years for which data is available (2009 and 2010). 2. Without the support of public resources, the redevelopment objectives of the RPA will most likely not be realized. The area -wide improvements and development assistance resources needed to develop and revitalize the study area as a healthy, commercial mixed -use district are extensive and costly, and the private market on its own has shown little ability to absorb all of these costs. Public resources to assist with public infrastructure improvements and project - specific development costs are needed to leverage private investment and facilitate area -wide redevelopment. TIF assistance may be used to fund rehabilitation, infrastructure improvements, and expansion of public facilities. Accordingly, but for the designation of a TIF district, these SE FRIEDMAN ) DEVELOPMENT ADVISORS 3 www.sbfriedman.com Dempster/N/aukegan RPA "executive Summary projects, which would contribute substantially to area- and Village -wide redevelopment, are unlikely to occur. proposed Redevelopment Plan and 3. The RPA boundary encompasses a rational planning area including only the contiguous real property that is expected to substantially benefit from the proposed Redevelopment Plan and Project improvements. Public facilities have been included within the RPA to allow for improvements or expansion to accommodate need resulting from development or redevelopment of other sites in the RPA. 4. This Redevelopment Plan and Project is consistent with the Village of Morton Grove's 1999 Comprehensive Plan and 1997 Waukegan Road Commercial Corridor Master Plan. SB FRIEDMAN I DEVELOPMENT ADVISORS 4 www.sbfriedman.com 2. Introduction This document serves as the Eligibility Study and Redevelopment Plan and Project ( "Plan ") for the Dempster /Waukegan Redevelopment Project Area ( "RPA "). The Dempster /Waukegan RPA is located within the Village of Morton Grove ( "the Village ") in Cook County. In June 2011, SB Friedman & Company ( "SB Friedman ") was engaged by the Village to conduct a study of the properties in the RPA to determine whether said properties exhibited the eligibility factors necessary to qualify for status as a "conservation area" and /or "blighted area" under the Act. The Eligibility Study covers events and conditions that exist and were determined to support the designation of the Dempster /Waukegan RPA as a "blighted area" for improved parcels under the Act at the completion of our research in September 2011, and not thereafter. These events or conditions include, without limitation, governmental actions and additional developments. This Eligibility Study and Plan document summarizes the analysis and findings of the consultant's work, which, unless otherwise noted, is solely the responsibility of SB Friedman. The Village is entitled to rely on the findings and conclusions of this Eligibility Study and Plan in designating the Dempster /Waukegan RPA as a redevelopment project area under the Act. SB Friedman has prepared this Plan with the understanding that the Village would rely on (1) the findings and conclusions of this Plan and related Eligibility Study in proceeding with the designation of the Dempster /Waukegan RPA, and the adoption and implementation of this Plan, and (2) the fact that SB Friedman obtained the necessary information including, without limitation, information relating to the equalized assessed value of parcels comprising the Dempster /Waukegan RPA. This ensures that the Plan will comply with the Act, and the Dempster /Waukegan RPA can be designated as a redevelopment project area in compliance with the Act. The location of the Dempster /Waukegan RPA is shown on Map 1 on page 7. The Dempster /Waukegan RPA consists of approximately 55 tax parcels and 24 buildings. The majority of the parcels included in the RPA are located along Dempster Street between the Village boundary on the west and Cook County Forest Preserve to the east, and along Waukegan Road south to the north line of Meadow Lane. Map 2 on page 8 details the boundaries of the Dempster /Waukegan RPA, which includes only those contiguous parcels of real property that are expected to benefit substantially by the redevelopment improvements discussed herein. The RPA boundaries include a declining commercial area that is focused around the Dempster /Waukegan corridor and the Prairie View Plaza site ( "Prairie View "). The area suffers from obsolescence, deterioration, the presence of structures below minimum code standards, excessive vacancies, inadequate utilities, lack of community planning, and stagnating or declining property values due to a lack of private investment. These conditions are hindering the potential to redevelop a formerly vibrant commercial area and capitalize on the unmet consumer demands of the surrounding residential area. In order to improve this potentially significant commercial corridor, it is critical that the appearance and functionality of the Dempster /Waukegan RPA be improved. Without improved access and visibility, streetscaping, and upgraded public utilities and other infrastructure, including significant stormwater SS FRIEDMAN I DEVELOPMENT ADVISORS 5 www.sbfriedman.com Dempster/Waukegan RPA Introduction detention improvements, the RPA could fall into further disrepair and potential development opportunities will not be realized. The Dempster /Waukegan RPA will benefit from a strategy that addresses poor infrastructure and building conditions, and improves its overall physical condition. SB FRIEDMAN I DEVELOPMENT ADVISORS 6 www.sbfriedman.com J ' O N > V 0 0 � C � -6 'u Z °1 c � O � c u. p I 3 c � 3 E o � v w � a J K J_ h e m m m i Y 3 v Q E 0 Y x a c 0 U iY .� � � � � :� �' U .� g. � � �o i K17018 ME Churchill Sf Churchill. St -- Greenwood St {3 yam I y d a y Y 4 m N A O m n 0 m r 0 m nil 05C z 1 lo Sp Friedman Development Advisors Raw I�.r Dempster St Legend RPA Boundary Assessment Blocks `_ �1 Parcels Note: denotes assessment block (first 7 digits of PIN{ as defined by Cook County Assessor's Office N 0 600 F I Feet February 2012 Dempster /Waukegan Tax Increment Financing District VILLAGE OF MORTON GROVE, !L www.sbfriedman.com yam I c m 0 m r 0 m Sp Friedman Development Advisors Raw I�.r Dempster St Legend RPA Boundary Assessment Blocks `_ �1 Parcels Note: denotes assessment block (first 7 digits of PIN{ as defined by Cook County Assessor's Office N 0 600 F I Feet February 2012 Dempster /Waukegan Tax Increment Financing District VILLAGE OF MORTON GROVE, !L www.sbfriedman.com Dempster/Waukegan RPA Introduction Existing Land Use Based upon SB Friedman's research, four primary land uses have been identified within the Dempster /Waukegan RPA: • Commercial (Retail, Office and Warehousing) • Public facilities (Park district facilities and ComEd towers) • Vacant Land • Road Right -of -Way The overall pattern of land use in the Dempster /Waukegan RPA is shown in Map 3 on the following page. SB FRIEDMAN I DEVELOPMENT ADVISORS 9 www.sbfriedman.com - y Davis St._. H Map 3: Existing Land Use Legend SPA Boundary Existing Land Use E Commercial (.`" "I Public /Institutional >i Vacant Lot j Road /Right -of -Way N 0 600 i Feet February 2012 Dempster /Waukegan Tax Increment Financing District VILLAGE OF MORTON GROVE, IL SB Friedman Development Adviwts www.sbfriedman.com 3. Eligibility Analysis Provisions of the Illinois Tax Increment Allocation Redevelopment Act Based upon the conditions found within the Dempster /Waukegan RPA at the completion of SB Friedman's research, it has been determined that the Dempster /Waukegan RPA meets the eligibility requirements of the Act as a blighted area. The following outlines the provisions of the Act to establish eligibility. Under the Act, two primary avenues exist to establish eligibility for an area to use Tax Increment Financing for redevelopment: (1) declaring an area as a "blighted area" and /or (2) declaring an area as a "conservation area." Blighted areas are those improved or vacant areas with blighting influences that are impacting the public safety, health, morals or welfare of the community, and are substantially impairing the growth of the tax base in the area. Conservation areas are those improved areas which are deteriorating and declining, and soon may become blighted if the deterioration is not abated. The statutory provisions of the Act specify how a district can be designated as a "conservation area" and /or "blighted area" district based upon an evidentiary finding of certain eligibility factors listed in the Act. These factors are identical for each designation. According to the Act, blighted areas for improved land must have a combination of five or more of the eligibility factors, acting in concert, which threaten the health, safety, morals or welfare of the proposed district. Conservation areas must have a minimum of 50% of the total structures within the area aged 35 years or older. In addition, there must be a combination of three or more eligibility factors that are detrimental to the public safety, health, morals or welfare, and which could result in such an area becoming a blighted area. A separate set of factors exists for the designation of vacant land as a blighted area. There is no provision for designating vacant land as a conservation area. Factors for Improved Areas Dilapidation. An advanced state of disrepair or neglect of necessary repairs to the primary structural components of buildings or improvements in such a combination that a documented building condition analysis determines that major repair is required or the defects are so serious and so extensive that the buildings must be removed. Obsolescence. The condition or process of falling into disuse. Structures have become ill- suited for the original use. Deterioration. With respect to buildings, defects including, but not limited to, major defects in the secondary building components such as doors, windows, porches, gutters and downspouts, and fascia. With respect to surface improvements, that the condition of roadways, alleys, curbs, gutters, sidewalks, off - street parking and surface storage areas evidence deterioration including, but not limited to, surface cracking, crumbling, potholes, depressions, loose paving material, and weeds protruding through paved surfaces. SIR FRIEDMAN I DEVELOPMENT ADVISORS 1 i www.sbfriedman.com Dempster /Waukegan RPA Eligibility Analysis Presence of Structures below Minimum Code Standards. All structures that do not meet the standards of zoning, subdivision, building, fire and other governmental codes applicable to property, but not including housing and property maintenance codes. Illegal Use of Individual Structures. The use of structures in violation of the applicable federal, state or local laws, exclusive of those applicable to the presence of structures below minimum code standards. Excessive Vacancies. The presence of buildings that are unoccupied or under - utilized and that represent an adverse influence on the area because of the frequency, extent or duration of the vacancies. Lack of Ventilation, Light or Sanitary Facilities. The absence of adequate ventilation for light or air circulation in spaces or rooms without windows, orthat require the removal of dust, odor, gas, smoke or other noxious airborne materials. Inadequate natural light and ventilation mean the absence of skylights or windows for interior spaces or rooms, and improper window sizes and amounts by room area to window area ratios. Inadequate sanitary facilities refer to the absence or inadequacy of garbage storage and enclosure, bathroom facilities, hot water and kitchens, and structural inadequacies preventing ingress and egress to and from all rooms and units within a building. Inadequate Utilities. Underground and overhead utilities such as storm sewers and storm drainage, sanitary sewers, water lines, and gas, telephone and electrical services that are shown to be inadequate. Inadequate utilities are those that are: (i) of insufficient capacity to serve the uses in the redevelopment project area, (ii) deteriorated, antiquated, obsolete or in disrepair, or (iii) lacking within the redevelopment project area. Excessive Land Coverage and Overcrowding of Structures and Community Facilities. The over - intensive use of property and the crowding of buildings and accessory facilities onto a site. Examples of problem conditions warranting the designation of an area as one exhibiting excessive land coverage are: (i) the presence of buildings either improperly situated on parcels or located on parcels of inadequate size and shape in relation to present -day standards of development for health and safety and (ii) the presence of multiple buildings on a single parcel. For there to be a finding of excessive land coverage, these parcels must exhibit one or more of the following conditions: insufficient provision for light and air within or around buildings, increased threat of spread of fire due to the close proximity of buildings, lack of adequate or proper access to a public right -of -way, lack of reasonably required off - street parking, or inadequate provision for loading and service. Deleterious Land Use or Layout. The existence of incompatible land -use relationships, buildings occupied by inappropriate mixed uses, or uses considered to be noxious, offensive or unsuitable for the surrounding area. Environmental Clean -Up. The proposed redevelopment project area has incurred Illinois Environmental Protection Agency or United States Environmental Protection Agency remediation costs for, or a study conducted by an independent consultant recognized as having expertise in environmental remediation has determined a need for, the clean -up of hazardous waste, hazardous substances or underground storage tanks required by state or federal law, provided that the remediation costs constitute a material impediment to the development or redevelopment of the redevelopment project area. Lack of Community Planning. The proposed redevelopment project area was developed prior to or without the benefit or guidance of a community plan. This means that the development occurred prior SR FRIEDMAN I DEVELOPMENT ADVISORS 1? wwwsbfriedman.com Dempster /Waukegan RPA Eligibility Analysis to the adoption by the municipality of a comprehensive or other community plan, or that the plan was not followed at the time of the area's development. This factor must be documented by evidence of adverse or incompatible land -use relationships, inadequate street layout, improper subdivision, parcels of inadequate shape and size to meet contemporary development standards, or other evidence demonstrating an absence of effective community planning. Lack of Growth in Equalized Assessed Value. The total equalized assessed value of the proposed redevelopment project area has declined for three of the last five calendar years prior to the year in which the redevelopment project area is designated, or is increasing at an annual rate that is less than the balance of the municipality for three of the last five calendar years for which information is available, or is increasing at an annual rate that is less than the Consumer Price Index for All Urban Consumers published by the United States Department of Labor or successor agency for three of the last five calendar years prior to the year in which the redevelopment project area is designated. As previously explained, "blighted areas" must have a combination of five or more of these eligibility factors and "conservation areas" must have a minimum of 50% of the total structures within the area aged 35 years or older, plus a combination of three or more additional eligibility factors. According to the Act, there are two ways by which vacant land can be designated as "blighted." One way is to find that at least one of the six factors discussed under "One Factor Test" is present to a meaningful extent and reasonably distributed throughout the study area. The second way is to find that at least two of six factors from the list discussed below under "Two Factor Test" are present to a meaningful extent and reasonably distributed throughout the study area. ONE FACTOR TEST Under the provisions of the "blighted area" section of the Act, if the land is vacant, an area qualifies as blighted if one or more of the following factors is found to be present to a meaningful extent. that impact the • Contains unused quarries, strip mines or strip mine ponds • Contains unused rail yards, rail track or railroad rights -of -way • Is subject to or contributes to chronic flooding • Contains unused or illegal dumping sites • Was designated as a town center prior to January 1, 1982, is between 50 and 100 acres, and is 75% vacant land • Qualified as blighted prior to becoming vacant TWO FACTOR TEST Under the provisions of the "blighted area" section of the Act, if the land is vacant, an area qualifies as blighted if a combination of two or more of the following factors may be identified that impact the sound growth of the redevelopment project area. Obsolete Platting of Vacant Land. Parcels of limited or narrow size or configurations of parcels of irregular size or shape that would be difficult to develop on a planned basis and in a manner compatible SB FRIEDMAN I DEVELOPMENT ADVISORS I3 www.sbfriedman.com Dempster /Waukegan RPA Eligibility Analysis with contemporary standards and requirements, or platting that failed to create rights -of -ways for streets or alleys or that created inadequate right -of -way widths for streets, alleys or other public rights - of -way or that omitted easements for public utilities. Diversity of Ownership. Adjacent properties are owned by multiple parties. When diversity of ownership of parcels of vacant land is sufficient in number to retard or impede the ability to assemble the land for development, this factor applies. Tax and Special Assessment Delinquencies. Tax and special assessment delinquencies exist or the property has been the subject of tax sales under the Property Tax Code within the last five years. Deterioration of Structures or Site Improvements in Neighboring Areas Adjacent to the Vacant Land. Evidence of structural deterioration and area disinvestment in blocks adjacent to the vacant land may substantiate why new development had not previously occurred on the vacant parcels. Environmental Contamination. The area has incurred Illinois Environmental Protection Agency or United States Environmental Protection Agency remediation costs for, or a study conducted by an independent consultant recognized as having expertise in environmental remediation has determined a need for, the clean -up of hazardous waste, hazardous substances or underground storage tanks required by state or federal law, provided that the remediation costs constitute a material impediment to the development or redevelopment of the redevelopment project area. Lack of Growth in Equalized Assessed Value. The total equalized assessed value of the proposed redevelopment project area has declined for three of the last five calendar years prior to the year in which the redevelopment project area is designated, or is increasing at an annual rate that is less than the balance of the municipality for three of the last five calendar years for which information is available, or is increasing at an annual rate that is less than the Consumer Price Index for All Urban Consumers published by the United States Department of Labor or successor agency for three of the last five calendar years prior to the year in which the redevelopment project area is designated. Methodology Overview and Determination of Eligibility Analysis of the eligibility factors was conducted through research involving an extensive exterior survey of all properties within the Dempster /Waukegan RPA, as well as a review of building and property records, and interviews with Village staff and a major property owner. Property records included building permit data, code violations and assessment data. Our survey of the area established that there are 24 buildings and 55 tax parcels within the Dempster /Waukegan RPA. All properties were examined for qualification factors consistent with either "blighted area" or "conservation area" definitions of the Act. Based upon these criteria, the properties within the Dempster /Waukegan RPA exhibit the necessary eligibility factors to qualify for designation as a "blighted area" as defined by the Act. To arrive at this designation, SB Friedman inventoried the number of eligibility factors present on a building -by- building or parcel -by- parcel basis and analyzed the spatial distribution of the eligibility factors. When appropriate, we calculated the presence of eligibility factors on infrastructure and ancillary properties associated with the structures. The eligibility factors were matched with buildings SB FRIEDMAN I DEVELOPMENT ADVISORS 14 www.sbfriedman.com Dempster/Waukegan RPA Eligibility Analysis using aerial photographs, property files created from field observations, and record searches. The information was then graphically plotted on a parcel map of the Dempster /Waukegan RPA to establish the distribution of eligibility factors, and to determine which factors were present to a major or minor extent and reasonably distributed throughout the study area. Blighted Area Findings: Improved Parcels As required by the Act, in order to be designated as a "blighted area," at least five of the improved land eligibility factors must be found to be present to a major extent within, and reasonably distributed throughout, the RPA in order to characterize such area as a "blighted area." Taking into account information obtained from the Village, the Cook County Assessor's office, historic aerials of the RPA, and the Village's 1999 Comprehensive Plan Update, our research has revealed that the following seven factors are present to a major extent and reasonably distributed throughout the RPA; 1. Obsolescence 2. Deterioration 3. Presence of Structures below Minimum Code Standards 4. Excessive Vacancies 5. Inadequate Utilities 6. Lack of Community Planning T Lack of Growth in Equalized Assessed Value One minor factor, Excessive Land Coverage, applies to the Prairie View Community Center and Park. Based on the presence of these factors, the RPA meets the requirements of a "blighted area" under the Act. Maps 4A through 4G on the following pages illustrate the blighted area eligibility factors found within the RPA by indicating each parcel where the respective factors were found to be present to a meaningful degree. The sections following the maps summarize our field research as it pertains to each of the identified eligibility factors found to be present within the Dempster /Waukegan RPA, SB FRIEDMAN I DEVELOPMENT ADVISORS 15 - www.sbfriedman.com y Davis st -- a s Map 4A: Obsolescence IMPROVED LAND - BLIGHTED AREA FACTOR Dempster St Eligibility Study Legend EDRPA Boundary Eligibility Factor F-7 Obsolescence a N 0 600 r I r Feet February 2012 Dempster /Waukegan Tax Increment Financing District VILLAGE OF MORTON GROVE, IL I SB Friedman Deve{oprnem Advisors www.sbfriedman.com �e $ , s,. Eligibility Study Legend ED RPA Boundary Eligibility Factor s Deterioration 1141T � Note: To qualify, deterioration must be present on buildings, parking surfaces /structures, or on public infrastructure N 0 600 Feet February 2012 Dempster /Waukegan Tax Increment Financing District VILLAGE OF MORTON GROVE, IL F F SB Friedman Deveionment Advisors Www.sbfriedman.com Eligibility Study Legend RPA Boundary Eligibility Factor Presence of Structures Below Minimum Code Standards N 0 600 Feet February 2012 Map 4C: Structures Below Minimum Code Dempster /Waukegan Tax Increment Financing District IMPROVED LAND - BLIGHTED AREA FACTOR VILLAGE OF MORTON GROVE, IL ISB Friedman Development Advisor www.sbfriedman.com d Q 9 G A d Y A Map 41): Excessive Vacancies IMPROVED LAND - BLIGHTED AREA FACTOR O SB Friedman Development Advisors Dempster St Eligibility Study Legend RPA Boundary Eligibility Factor -AN,P, Excessive Vacancies Note: Vacant or under - occupied buildings are considered to be Excessive Vacancies; vacant lots do not qualify N 0 600 Feet February 2012 Dempster /Waukegan Tax Increment Financing District VILLAGE OF MORTON GROVE, IL Www.sbfriedman.com Map 4E: Inadequate Utilities IMPROVED LAND - BLIGHTED AREA FACTOR Eligibility Study Legend RPA Boundary Eligibility Factor L,... Inadequate Utilities N 0 600 Feet February 2012 Dempster /Waukegan Tax Increment Financing District VILLAGE OF MORTON GROVE, IL r e SB Friedman Development Advlson www.sbfriedman.com Map 4F: Lack of Community Planning IMPROVED LAND - BLIGHTED AREA FACTOR AgSB Friedman Development Advisors Eligibility Study Legend RPA Boundary Eligibility Factor Lack of Community Planning N 0 600 Feet February 2012 Dempster /Waukegan Tax Increment Financing District VILLAGE OF MORTON GROVE, IL www.sbfriedman.com a Davis St m. Hazel St N' t' Y Q U ...... _.. ..... -. Churchill St Churchill -. Greenwood St .... " > a x!. n' w v Z � 4 6 A Dempster St , :t k q . p R W d A 3 Map 4F: Lack of Community Planning IMPROVED LAND - BLIGHTED AREA FACTOR AgSB Friedman Development Advisors Eligibility Study Legend RPA Boundary Eligibility Factor Lack of Community Planning N 0 600 Feet February 2012 Dempster /Waukegan Tax Increment Financing District VILLAGE OF MORTON GROVE, IL www.sbfriedman.com Map 4G: Lack of Growth in EAV IMPROVED LAND - BLIGHTED AREA FACTOR Eligibility Study Legend RPA Boundary Eligibility Factor E EKLack of Growth in EAV N 0 600 s T -9 Feet February 2012 Dempster /Waukegan Tax Increment Financing District VILLAGE OF MORTON GROVE, IL P SB Friedman Development Advisors www.sbfriedman.com Y _. ... Davis St E A F Hazel St r; u _. Churchill St =,. �' Churchill St - Greenwood SE' °' m _. > O A C N � d ... 4%.0 t Dempster St � ;�,. ^• w.. .3 � YA.., �` `tea° n N �m Map 4G: Lack of Growth in EAV IMPROVED LAND - BLIGHTED AREA FACTOR Eligibility Study Legend RPA Boundary Eligibility Factor E EKLack of Growth in EAV N 0 600 s T -9 Feet February 2012 Dempster /Waukegan Tax Increment Financing District VILLAGE OF MORTON GROVE, IL P SB Friedman Development Advisors www.sbfriedman.com Dempster /Waukegan RPA Eligibility Analysis 1. OBSOLESCENCE The state TIF statute defines obsolescence as "the condition or process of falling into disuse ", when "[s]tructures have become ill- suited to their original use." Obsolescence was observed on parcels constituting 45% of the study area, including the Prairie View shopping center, nearby office and retail. When compared to other competitive shopping centers within a three -mile radius, the main Prairie View Plaza building has limited visibility due to a larger setback and grade separation from Dempster Street. Additionally, the mall is characterized by discount stores, non - credit tenants and vacant storefronts, which usually signify that a shopping facility is falling into disuse and nearing the end of its economic life. Economic decline is also reflected in the property's real estate performance. The impact of limited visibility, age and layout is reflected in the high vacancy and declining EAV of the shopping center, as well as falling sales tar, receipts. According to Village 2011 sales tax data, anchor sales receipts from January 1 to April 30 are down more than 20% compared to the same period the previous year. Meanwhile, the office building across Waukegan Road (fronted by IFC Credit Corporation), meanwhile, is dated and of inferior construction and design compared to modern office space. it also suffers from low visibility due to its location behind the IFC Credit Corporation building. According to CoStar, it is 53% vacant as of October 11, 2011. Patterns of obsolescence are shown on Map 4A. 2. DETERIORATION Building and /or surface deterioration were documented on 60% of parcels within the study area. Examples of building deterioration include corroded window casements, cracks in cement block walls, disconnected pipes, rust, missing tuck - pointing and brick spalling, and sagging or missing soffits. Examples of surface deterioration include cracked and crumbling sidewalks, curbs, streets and parking surfaces throughout the study area. The distribution of deterioration throughout the study area is highlighted in Map 4B. 3. PRESENCE OF STRUCTURES BELOW CODE Given the absence of stormwater detention mentioned earlier in this chapter, Prairie View Plaza does not comply with the Metropolitan Water Reclamation District's Sewer Permit Ordinance (SPO). Enacted in 1999, the SPO prohibits runoff after development from exceeding the rate of runoff of the site without development. For similar reasons, Prairie View Plaza does not comply with the Cook County Forest Preserve District's stormwater Management Policy, as stormwater runoff currently flows unrestrained into the neighboring forest preserve. If redeveloped, the shopping center would need to be brought into compliance with both policies. Considering that the site is currently more than 90% impervious, this would imply extensive and potentially costly retrofits. As shown in Map 4C, the factor impacts 33% of the land area within the RPA. 4. EXCESSIVE VACANCIES As previously noted, Prairie View Plaza and the IFC Credit Corporation office building have been experiencing high vacancy. In addition, the former Produce World (8800 Waukegan Road) is currently vacant. There is a total of approximately 143,400 square feet of vacant commercial building area within the study area, or 21% of all commercial building square footage. Building vacancies are highlighted by parcel in Map 4D. SS FRIEDMAN I DEVELOPMENT ADVISORS 23 www.sbfriedman.com Dempster /Waukegan RPA Eligibility Analysis S. INADEQUATE UTILITIES It is our understanding that stormwater runoff from the shopping center is not managed by any kind of a detention system, and that the site does not currently contain adequate stormwater utilities to detain and mitigate runoff. Moreover, it appears that ail of the other improved parcels within the study area lack appropriate stormwater detention facilities and are covered by a high proportion of impervious surface area, In addition, data provided by Village staff indicate that water and sewer lines on Dempster Street and Waukegan Road were installed before 1960, with some possibly dating back to the 1930s. The 10" water main on Dempster, in particular, is thought to have been installed in 1932. Village staff stated that they consider 80 years to be the normal lifespan of water and sewer lines, which suggests that the water lines are at or near the end of their normal functioning life. Assuming that the 10" water main only serves parcels fronting Dempster Street, 55% of parcels within the study area are impacted by inadequate utilities. The impacted parcels can be seen in Map 4E. 6. LACK OF COMMUNITY PLANNING The Village of Morton Grove adopted its first comprehensive plan in 1978. Fifty -four percent (54 %) of the buildings in the study area predate the comprehensive plan. Obsolete platting and building configurations mentioned in the discussion of obsolescence confirm a lack of community planning in the study area. In addition to the platting and configuration issues, parcelization on the north side of Dempster Street does not correspond to building layout, with a number of buildings divided between two or more parcels. Such parcelization is out of step with contemporary development standards. Because a majority of the study area's development occurred before the benefit of a comprehensive plan, this factor is considered to impact 100% of the study area. 7. LACK OF GROWTH IN EQUALIZED ASSESSED VALUE Total equalized assessed value (EAV) is a measure of the property value in the Dempster /Waukegan RPA. The EAV of the RPA has experienced an absolute decline for three of the last five year -to -year periods for which data is available. Furthermore, property values in the RPA have grown more slowly or declined more quickly than property in the balance of the Village for four out of the last five periods for which information is available, as shown in Table 1 below. The lack of growth in equalized assessed value within an area is one of the strongest indicators that the area is falling into decline. This eligibility factor was considered to be present to a meaningful extent for the parcels within the Dempster /Waukegan RPA. 2008 - 20D9 2009 - 2010 Table 1: Percent Change in Eoualized Assessed Valuation Change in EAV View Community Center and Park's layout 1 2005 - 2006 2006 - 20D7 2007 - 2008 2008 - 20D9 2009 - 2010 Village of Morton Grove less Study Area 1.01y 20.6% 4.3% -1.9% -7.52% Study Area Parcels -0.57% 6.50% 4.68% - 13.68% -6.56% Source: Cook County Assessor's Office, Cook County Clerk's Tax Extension Unit 8. EXCESSIVE LAND COVERAGE (present to a minor extent) The Prairie View Community Center and Park's layout is designed in such a way that is improper when compared to contemporary development standards. While the park has several amenities for area SB FRIEDMANI DEVELOPMENT ADVISORS 24 www.sbfrieaman.com Dempster /Waukegan RPA Eligibility Analysis residents, including a 53,000 square foot community center, tennis courts, sand volleyball courts, a playground, a nature preserve, and baseball fields, most of these features are crowded onto two parcels covering only eight acres of land. As a result, the site's configuration yields to an awkward internal street /driveway design and a limited amount of on -site parking spaces, especially during peak center hours. Morton Grove's current zoning code requires one parking space per 150 square feet of gross floor area for recreational centers. With the facility's estimated 180 parking spaces, the Community Center has approximately half of the required spaces. SB FRIEDMAN I DEVELOPMENT ADVISORS 25 www.sbfriedman.com MM The land use and existing conditions for the RPA suggest six major redevelopment needs for the Dempster /Waukegan RPA: 1. Capital improvements that further the objectives set forth in this Redevelopment Plan 2. Redevelopment of vacant, obsolete, ill- configured and underutilized parcels 3. Site preparation, stormwater management and site remediation 4. Streetscape and infrastructure improvements 5. Rehabilitation of existing buildings 6. Resources for commercial and public development This Redevelopment Plan identifies tools for the Village to support the re- establishment and improvement of the RPA as a mixed -use, commercial- focused district through provision of necessary infrastructure improvements and public facilities, and to support other public and private improvements to best serve the interests of the Village. Currently, the Dempster /Waukegan RPA is characterized by lack of growth in property values, inadequate public utilities and infrastructure, lack of community planning, presence of structures that do not meet minimum code standards, excessive vacancies, obsolete platting and deterioration. These area and building conditions are minimizing the value of properties in the RPA compared to districts in other communities with which the RPA must compete for investment. This, in turn, limits local area employment opportunities and growth, and contributes to the lack of new investment within the RPA. The public improvements outlined in this Redevelopment Plan will create an environment conducive to private investment and redevelopment within the Dempster /Waukegan RPA. The goals, objectives and strategies discussed below have been developed to address these needs and facilitate the sustainable redevelopment of the Dempster /Waukegan RPA. To support specific projects and encourage future investment in the RPA, public resources including Tax Increment Financing may be used to: modernize RPA infrastructure and create new public facilities; beautify public areas and create an identity for the community; support facade and building rehabilitation for existing building owners; and facilitate site assembly, site preparation and demolition for future private sector redevelopment activities. The private sector often seeks to acquire and assemble property to create redevelopment opportunities and suitable sites for modern development needs. Tax increment revenues can assist the private sector in property assembly and demolition when meeting the goals and objectives of this Redevelopment Plan. Goals, Objectives and Strategies Goal. The overall goal of this Redevelopment Plan is to reduce or eliminate conditions that qualify the Dempster /Waukegan RPA as a "blighted area" and to provide the direction and mechanisms necessary to: 1) re- establish the RPA as a vibrant commercial district that accommodates a mix of uses including public /institutional and open space through new development; 2) stimulate the redevelopment of vacant, obsolete, ill- configured and underutilized parcels; and 3) provide and improve necessary public infrastructure, facilities and utilities. Redevelopment of the RPA will strengthen the economic base and SR FRIEDMAN l DEVELOPMENT ADVISORS 26 www.sbfriedman.com Dempster/Udaukegan RPA Redevelopment Plan and Project enhance the quality of life of the Village as a whole, by revitalizing the commercial corridor along Dempster and Waukegan Road. Rehabilitation and redevelopment of the RPA is to be achieved through an integrated and comprehensive strategy that leverages public resources to stimulate additional private investment. The underlying strategy is to use Tax Increment Financing, as well as other funding sources, to reinforce and encourage further private investment. Objectives. Six objectives support the overall goal of area -wide revitalization of the Dempster /Waukegan RPA. These objectives include: 1. Foster the replacement, repair, construction and /or improvement of the public infrastructure, where needed, including public utilities, sidewalks, streets, curbs, gutters, underground water and sanitary systems, and stormwater detention of adequate capacity to create an environment conducive to private investment; 2. Facilitate the rehabilitation of existing properties within the Dempster /Waukegan RPA and encourage the construction of new commercial, civic /cultural and recreational development, where appropriate; 3. Facilitate the physical improvement and /or renovation of existing building structures and facades in the Dempster /Waukegan RPA; 4. Facilitate the assembly and preparation, including demolition and environmental clean -up, where necessary, and marketing of available sites in the RPA for redevelopment and new development by providing resources as allowed by the Act; 5. Provide resources for streetscaping, landscaping and signage to improve the image, attractiveness and accessibility of the RPA, create a cohesive identity for the RPA and surrounding area, and provide, where appropriate, for buffering between different land uses and screening of unattractive service facilities such as parking lots and loading areas; and 6. Support the goals and objectives of other overlapping plans, including the Village's 1999 Comprehensive Plan Update and 1997 Waukegan Road Commercial Corridor Master Plan, and coordinate available federal, state and local resources to further the goals of this Redevelopment Plan. SIR FRIEDMAN I DEVELOPMENT ADVISORS 27 www.sbfriedman.com Dempster /Waukegan RPA Redevelopment Plan and Project Strategies. These objectives will be implemented through four specific and integrated strategies. These include: 1. Implement Public Improvements. A series of public improvements throughout the Dempster /Waukegan RPA may be designed and implemented to create a more conducive environment for new development, prepare sites for anticipated private investment, and create an identity for the area. Public improvements that are implemented with TIF assistance are intended to complement and not replace existing funding sources for public improvements in the RPA. These improvements may include streetscaping, improvement of underground infrastructure, stormwater detention of adequate capacity, improved street and sidewalk lighting, resurfacing of alleys, sidewalks, streets and other paved surfaces, the creation of parks, bike paths, trails and open space, and other public improvements and utilities consistent with this Redevelopment Plan. These public improvements may be completed pursuant to redevelopment agreements with private entities or intergovernmental agreements with other public entities, and may include the construction, rehabilitation, renovation or restoration of public improvements on one or more parcels. 2. Assist Existing Businesses and Property owners. The Village may provide assistance to support existing businesses and property owners in the RPA. This may include financial and other assistance for building rehabilitation, fagade improvements, leasehold improvements, and construction of private and public facilities, such as plazas and other pedestrian amenities that are consistent with the goals of this Redevelopment Plan. 3. Encourage Private Sector Activities. Through the creation and support of public - private partnerships or through written agreements, the Village may provide financial and other assistance to encourage the private sector, including new and existing property owners and businesses, to undertake rehabilitation and redevelopment projects and other improvements that are consistent with the goals of this Redevelopment Plan, 4. Facilitate Property Assembly, Demolition and Site Preparation. Financial assistance may be provided to private developers seeking to acquire land and assemble sites for projects supportive of this Redevelopment Plan. To meet the goals, policies or objectives of this Redevelopment Plan, the Village may acquire and assemble property throughout the RPA. Land assemblage by the Village may be done by purchase, exchange, donation, lease or eminent domain, and may be for the purposes of (a) sale, lease or conveyance to private developers, or (b) sale, lease, conveyance or dedication for the construction of public improvements or facilities. Site preparation may include demolition of existing improvements and environmental remediation, where needed. The Village may require written development agreements with developers before acquiring any properties. As appropriate, the Village may devote acquired property to temporary uses until such property is scheduled for disposition and development. SB FRIEDMAN I DEVELOPMENT ADVISORS - - 28 www.sbfriedman.com Dempster /Waukegan RPA Redevelopment Plan and Project li •s •• The future land use of the Dempster /Waukegan RPA reflects the objectives of this Redevelopment Plan, which are to support the improvement of the RPA as an active commercial and mixed -use district and to support other improvements that serve the redevelopment interests of the local community, current business owners and the Village. The proposed objectives are compatible with historic land use patterns and support current development trends in the area and the Village's Comprehensive Plan. The proposed land uses are detailed on Map 5 on the following page, which shows commercial mixed use throughout the RPA, with the exception of the Morton Grove Park District and ComEd facilities, which are designated as public /institutional use. The mixed -use designation allows for the following land uses: • Commercial (Retail /Office /Warehousing) • Institutional (Including Public Facilities, Hospitals, Social Services) • Parks /Open Space • Road Right -of -Way • Utilities The public /institutional use designation allows for the following land uses: • Institutional (Including Public Facilities, Hospitals, Social Services) • Parks /Open Space • Road Right -of -Way • Utilities It is anticipated that the majority of new development will be commercial in nature and will take place in the central area of the TIF and undeveloped parcels throughout the RPA. Institutional facilities and parks /open space may also be developed or redeveloped throughout the RPA. The uses listed above are to be predominant uses for the area indicated, and are not exclusive of any other uses. 513 FRIEDMAN I DEVELOPMENT ADVISORS 29 www.sbfriedman.com Legend RPA Boundary '.. Proposed Future Land Use Commercial —"'-� Mixed Use Public /Institutional Road /Right -of -Way N 0 600 Feet February 2012 Dempster /Waukegan Tax increment Financing District VILLAGE OF MORTON GROVE, It SB Friedman Develupment Advisors www.sbfriedman.com Dempster/Waukegan RPA Redevelopment Plan and Project Housing Impact and Related Matters As set forth in the Act, if the Redevelopment Plan for the redevelopment project area would result in the displacement of residents from 10 or more inhabited residential units, or if the redevelopment project area contains 75 or more inhabited residential units and a municipality is unable to certify that no displacement will occur, the municipality must prepare a housing impact study and incorporate the study in the Redevelopment Plan and Project document. The Dempster /Waukegan project area does not contain any residential units; therefore, a housing impact study is not required under the Act. The Village of Morton Grove hereby certifies that no residential displacement will occur as a result of activities pursuant to this Redevelopment Plan. 56 FRIEDMAN I DEVELOPMENT ADVISORS 31 www.sbfriedman.com 5. Financial Plan Eligible Costs The Act outlines several categories of expenditures that can be funded using tax increment revenues. These expenditures, referred to as eligible redevelopment project costs, include all reasonable or necessary costs incurred or estimated to be incurred, and any such costs incidental to this Plan pursuant to the Act. The Village proposes to realize its goals and objectives of redevelopment through public finance techniques, including, but not limited to, Tax Increment Financing, and by undertaking activities that incur certain costs. Such costs may include, without limitation, the following: 1. Costs of studies, surveys, development of plans and specifications, implementation and administration of the Redevelopment Plan and Project, including but not limited to, staff and professional service costs for architectural, engineering, legal, financial, planning or other services (excluding lobbying expenses), provided that no charges for professional services are based on a percentage of the tax increment collected. 2. Costs of marketing sites within the RPA to prospective businesses, developers and investors, provided however, that no such charges for professional services may be based on a percentage of the tax increment collected. 1 Property assembly costs, including but not limited to, acquisition of land and other property, real or personal, or rights or interests therein, demolition of buildings, site preparation, site improvements that serve as an engineered barrier addressing ground level or below ground environmental contamination, including, but not limited to parking lots and other concrete or asphalt barriers, and the clearing and grading of land. 4. Costs of rehabilitation, reconstruction or repair or remodeling of existing public or private buildings, fixtures and leasehold improvements, and the costs of replacing an existing public building if pursuant to the implementation of a redevelopment project, the existing public building is to be demolished to use the site for private investment or devoted to a different use requiring private investment. 5. Costs of the construction of public works, facilities or improvements subject to the limitations in Section 11- 74.4- 3(q)(4) of the Act. 6. Costs of job training and retraining projects including the costs of "welfare to work' programs implemented by businesses located within the RPA. 7. Financing costs, including but not limited to, all necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued thereunder. This includes interest accruing during the estimated period of construction of any redevelopment project for which such obligations are issued and for a period not exceeding 36 months following completion, and reasonable reserves related thereto and interest accruing during a construction period. S6 FRIEDMAN I DEVELOPMENT ADVISORS 32 wwwsbfriedman.com Dempster/Waukegan RPA Financial Plan 8. All or a portion of a taxing district's capital costs resulting from the redevelopment project necessarily incurred or to be incurred within a taxing district in furtherance of the objectives of this Redevelopment Plan, to the extent the municipality by written agreement accepts and approves such costs. 9. Relocation costs to the extent that the Village determines that relocation costs shall be paid or is required to make payment of relocation costs by federal or state law, or by Section 74.4- 3(n)(7) of the Act. 10. Payment in lieu of taxes as defined in the Act. 11. Costs of job training, retraining, advanced vocational education or career education, including but not limited to, courses in occupational, semi - technical or technical fields leading directly to employment, incurred by one or more taxing districts, provided that such costs: (i) are related to the establishment and maintenance of additional job training, advanced vocational education or career education programs for persons employed or to be employed by employers located in the RPA; and (ii) when incurred by a taxing district or taxing districts other than the Village, are set forth in a written agreement by or among the Village and the taxing district or taxing districts. This agreement must describe the program to be undertaken, including but not limited to, the number of employees to be trained, a description of the training and services to be provided, the number and type of positions available or to be available, itemized costs of the program and sources of funds to pay for the same, and the term of the agreement. Such costs include, specifically, the payment by community college districts of costs pursuant to Sections 3- 37, 3 -38, 3 -40, and 3 -40.1 of the Public Community College Act, 110 ILCS 805/3 -37, 805/3 -38, 805/3 -40 and 805/3 -40.1, and by school districts of costs pursuant to Sections 10- 22.20a and 10- 23.3a of the School Code, 105 ILCS 5/10- 22.20a and 5/10- 23.3a. 12. Interest costs incurred by a developer related to the construction, renovation or rehabilitation of a redevelopment project provided that: a. Such costs are to be paid directly from the special tax allocation fund established pursuant to the Act; b. Such payments in any one (1) year may not exceed thirty percent (30 %) of the annual interest costs incurred by the developer with regard to the development project during that year; c. If there are not sufficient funds available in the special tax allocation fund to make the payment pursuant to this provision, then the amounts so due shall accrue and be payable when sufficient funds are available in the special tax allocation fund; d. The total of such interest payments paid pursuant to the Act may not exceed thirty percent (30 %) of the total of: (i) cost paid or incurred by the developer for the redevelopment project; and (ii) redevelopment project costs excluding any property assembly costs and any relocation costs incurred by the Village pursuant to the Act; e. The percentage increases from thirty percent (30 %) to seventy -five percent (75 %) for the interest cost incurred by a redeveloper for the financing of rehabilitated or new housing 513 FRIEDMAN ( DEVELOPMENT ADVISORS 33 www.sbfriedman.com Dempster/Waukegan RPA Financial Plan units for low- income households and very low- income households, as defined in Section 3 of the Illinois Affordable Housing Act; and f. Instead of the interest costs described above in paragraphs 12b., 12d. and 12e., a municipality may pay from tax increment revenues up to fifty percent (50 %) of the cost of construction, renovation and rehabilitation of new housing units (for ownership or rental) to be occupied by low- income households and very low- income households, as defined in Section 3 of the Illinois Affordable Housing Act, as more fully described in the Act. If the units are part of a residential redevelopment project that includes units not affordable to low- and very low- income households, only the low- and very low- income units shall be eligible for this benefit under the Act. 13. Unless explicitly provided in the Act, the cost of construction of new, privately -owned buildings shall not be an eligible redevelopment project cost. in assisted housing units, as further defined in 14. An elementary, secondary or unit school district's increased per pupil tuition costs attributable to net new pupils added to the district living in assisted housing units will be reimbursed, as further defined in the Act. 15. A library district's increased per patron costs attributable to net new persons eligible to obtain a library card living in assisted housing units, as further defined in the Act. If a Special Service Area is established pursuant to the Special Service Area Tax Act, 35 ILCS 235/0.01 et seq., then any tax increment revenues derived from the tax imposed pursuant to the Special Service Area Tax Act may be used within the redevelopment project area for the purposes permitted by the Special Service Area Tax Act as well as the purposes permitted by the Act. Estimated Redevelopment Project Costs The estimated eligible costs of this Redevelopment Plan are shown in Table 3 on the following page. The total eligible cost provides an upper limit on expenditures that are to be funded using tax increment revenues, exclusive of capitalized interest, issuance costs, interest and other financing costs. Within this limit, adjustments may be made in line items without amendment to this Redevelopment Plan. Additional funding in the form of county, state and federal grants, private developer contributions and other outside sources may be pursued by the Village as a means of financing improvements and facilities which are of benefit to the general community. Adjustments to the estimated line item costs in Table 3 are expected and may be made by the Village without amendment to this Redevelopment Plan. Each individual project cost will be re- evaluated in light of projected private development and resulting incremental tax revenues as it is considered for public financing under the provisions of the Act. The totals of line items set forth below are not intended to place a limit on the described expenditures. Adjustments may be made in line items within the total, either increasing or decreasing line item costs because of changed redevelopment costs and needs. SB FRIEDMAN I DEVELOPMENT ADVISORS 34 www.sbfriedman.com Dempster /Waukegan RPA Financial Plan Table 3: Estimated TIF Eligible Costs PROJECT /IMPROVEMENTS ESTIMATED PROJECT COSTS Professional Services (including analysis, administration, studies, surveys, legal, etc.) $500,000 Marketing of Sites $500,000 Property Assembly (including acquisition, site preparation, demolition and environmental remediation) $8,0001000 Rehabilitation of Existing Buildings, Fixtures and Leasehold Improvements $71000,000 Public Works or Improvements (including streets and utilities, parks and open space, public facilities (schools and other public facilities)) [11 $7,600,000 Job Training, Retraining, Welfare -to -Work $100,000 Financing and Capital Costs $100,000 Relocation Costs $500,000 Payment in Lieu of Taxes $100,000 Interest Subsidy $4,0001000 TOTAL REDEVELOPMENT COSTS [21 $281400,000 [31 [41 11) This category may include paying for or reimbursing capital costs of taxing districts impacted by the redevelopment of the RPA. As permitted by the Act, to the extent the Village by written agreement accepts and approves the same, the Village may pay, or reimburse all, or a portion of a taxing district's capital costs resulting from a redevelopment project necessarily incurred or to be incurred within a taxing district in furtherance of the objectives of this Redevelopment Plan. [2) Total Redevelopment Project Costs exclude any additional financing costs, including any interest expense, capitalized interest and costs associated with optional redemptions. These costs are subject to prevailing market conditions and are in addition to Total Redevelopment Project Costs. [31 Increases in estimated Total Redevelopment Project Costs of more than five percent, after adjustment for inflation from the date of this Redevelopment Plan adoption, are subject to the Redevelopment Plan amendment procedures as provided under the Act. [4) The amount of the Total Redevelopment Project Costs that can be incurred in the RPA will be reduced by the amount of redevelopment project costs incurred in contiguous redevelopment project areas, or those separated from the RPA only by a public right -of -way, that are permitted under the Act to be paid, and are paid, from incremental property taxes generated in the RPA, but will not be reduced by the amount of redevelopment project costs incurred in the RPA which are paid from incremental property taxes generated in contiguous redevelopment project areas or those separated from the RPA by a public right -of -way. SB FRIEDMAN I DEVELOPMENT ADVISORS 3 5 www.sbfriedman.com Dempster /Waukegan RPA Financial Plan Each private project that receives TIF funding within the Dempster /Waukegan RPA shall be governed by the terms of a written redevelopment agreement entered into by a designated developer and the Village and approved by the Village Board. Where tax increment funds are used to pay eligible redevelopment project costs, to the extent funds are available for such purposes, expenditures by the Village shall be coordinated to coincide on a reasonable basis with the actual redevelopment expenditures of the developer(s). This Redevelopment Plan shall be completed, and all obligations issued to finance redevelopment costs shall be retired, no later than December 31 of the year in which the payment to the Village treasurer provided in the Act is to be made with respect to ad valorem taxes levied in the twenty -third calendar year following the year in which the ordinance approving this redevelopment project area is adopted (by December 31, 2036, if the ordinances establishing the RPA are adopted during 2012). Sources of Funds to Pay Costs Funds necessary to pay for redevelopment project costs and /or municipal obligations which may be issued or incurred to pay for such costs are to be derived principally from tax increment revenues and /or proceeds from municipal obligations which have tax increment revenue as a repayment source. To secure the issuance of these obligations and the developer's performance of redevelopment agreement obligations, the Village may require the utilization of guarantees, deposits, reserves and /or other forms of security made available by private sector developers. The Village may incur Redevelopment Project Costs that are paid from the funds of the Village other than incremental taxes, and the Village then may be reimbursed for such costs from incremental taxes. The tax increment revenue which will be used to fund tax increment obligations and eligible redevelopment project costs shall be the incremental real property tax revenues. Incremental real property tax revenue is attributable to the increase of the current equalized assessed valuation of each taxable lot, block, tract, or parcel of real property in the RPA over and above the certified initial equalized assessed value of each such property. Without the use of such incremental revenues, the RPA is not likely to redevelop. Other sources of funds which may be used to pay for development costs and associated obligations issued or incurred include land disposition proceeds, state and federal grants, investment income, private investor and financial institution funds, and other sources of funds and revenues as the municipality and cieveloperfrom time to time may deem appropriate. The Dempster /Waukegan RPA may be or become contiguous to, or be separated only by a public right - of -way or another approved land use, from other redevelopment areas created under the Act (65 ILCS 5/11- 74.4 -4 et. seq.). The Village may utilize net incremental property tax revenues received from the Dempster /Waukegan RPA to pay eligible redevelopment project costs, or obligations issued to pay such costs, in other contiguous redevelopment project areas, or those separated only by a public right -of -way and other approved land uses, and vice versa. The amount of revenue from the Dempster /Waukegan RPA made available to support such contiguous redevelopment project areas, or those separated only by a public right -of -way and other approved land uses, when added to all amounts used to pay eligible Redevelopment Project Costs within the Dempster /Waukegan RPA, shall not at any time exceed the total Redevelopment Project Costs described in Table 3 of this Redevelopment Plan, 5B FRIEDMAN ( DEVELOPMENT ADVISORS 36 www.sbfriedman.com Dempster /Waukegan RPA Financial Plan If necessary, the redevelopment plans for other contiguous redevelopment project areas that may be or already have been created under the Act may be drafted or amended, as applicable, to add appropriate and parallel language to allow for sharing of revenues between such districts. Issuance of Obligations To finance project costs, the Village may issue bonds or obligations secured by the anticipated tax increment revenue generated within the Dempster /Waukegan RPA, or such other bonds or obligations as the Village may deem, as appropriate. The Village may require the utilization of guarantees, deposits, or other forms of security made available by private sector developers to secure such obligations. In addition, the Village may provide other legally permissible credit enhancements to any obligations issued pursuant to the Act. All obligations issued by the Village pursuant to this Redevelopment Plan and the Act shall be retired within the time frame described under "Phasing and Scheduling of the Redevelopment" above. Also, the final maturity date of any such obligations which are issued may not be later than 20 years from their respective dates of issue. One or more of a series of obligations may be sold at one or more times in order to implement this Redevelopment Plan. The amounts payable in any year as principal and interest on all obligations issued by the Village shall not exceed the amounts available from tax increment revenues, or other sources of funds, if any, as may be provided by ordinance. Obligations may be of parity or senior /junior lien nature. Obligations issued may be serial or term maturities, and may or may not be subject to mandatory, sinking fund or optional redemptions. In addition to paying redevelopment project costs, tax increment revenues may be used for the scheduled and /or early retirement of obligations, and for reserves and bond sinking funds. To the extent that real property tax increment is not required for such purposes, revenues shall be declared surplus and become available for distribution annually to area taxing districts in the manner provided by the Act. The purpose of identifying the most recent equalized assessed valuation (EAV) of the Dempster /Waukegan RPA is to provide an estimate of the initial EAV, which the Cook County Clerk will certify for the purpose of annually calculating the incremental EAV and incremental property taxes of the Dempster /Waukegan RPA. The 2010 EAV (the most recent year in which assessed values and the equalizer were available) of all taxable parcels in the Dempster /Waukegan RPA is approximately $34.64 million. This total EAV amount by PIN is summarized in Appendix 2. The EAV is subject to verification by the Cook County Clerk. After verification, the final figure shall be certified by the Cook County Clerk, and shall become the Certified Initial EAV from which all incremental property taxes in the Redevelopment Project Area will be calculated by Cook County. By tax year 2035 (collection year 2036), the EAV for the Dempster /Waukegan RPA will be approximately $65.0 million. This estimate is based on an inflation factor of 2.0% per year on the EAV of all properties within the Dempster /Waukegan RPA and the assumption that redevelopment of the Prairie View Shopping Center occurs. SB FRIEDMAN I DEVELOPMENT ADVISORS 37 www.sbfriedman.com 6. Required Findings and Tests Lack of Growth and Private investment The Village is required to evaluate whether or not the RPA has been subject to growth and private investment and must substantiate a finding of lack of such investment prior to establishing a Tax Increment Financing district. Minimal new investment has occurred in the Dempster /Waukegan RPA in the past five years. Taken as a whole, the RPA has not been subject to widespread growth and development through investment by private enterprise. From 2005 through 2010, the growth of equalized assessed valuation (EAV), which is the value of property from which property taxes are based, of improved parcels in the RPA has fallen behind the balance of the Village for four of the past five periods, and has actually declined for three of the past five years. To further examine the scope of new investment in the RPA, SB Friedman examined building permit and property characteristic data provided by the Village, and interviewed Village staff regarding recent development in the area. Specifically, we examined building permit data for the period 2008 through mid -2011, and discussed development over the past five years. Approximately 110 permits were issued within the Dempster /Waukegan RPA between 2008 and mid -2011. The vast majority of these permits was for minor necessary maintenance and rehabilitation of existing buildings, such as signage, parking lot and electrical repairs, and for remodeling, build out and certificates of occupancy for new tenants in existing retail centers. Such permits do not constitute substantial new investment in the RPA, but are part of normal operations. In the past five years, no significant real estate investment has occurred in the RPA with the exception of a 4,500 square foot sporting goods store (Gunzo's). The impact on surrounding properties of the investment on which building permits were issued has been minimal and isolated to the Properties on which new development or significant upgrades were undertaken. These investments and existing property improvements have not stimulated widespread new private investment in the RPA as a whole. Finding: The Redevelopment Project Area (Dempster /Waukegan RPA) on the whale has not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed without the adoption of this Redevelopment Pion. But For... The Village is required to find that, but for the designation of the TIF district and the use of Ta> Increment Financing, it is unlikely that significant investment will occur in the Dempster /Waukegan RPA. Without the support of public resources, the redevelopment objectives for the RPA would most likely not be realized. The area -wide improvements and development assistance resources needed to redevelop and revitalize the Dempster /Waukegan RPA as a vibrant commercial mixed -use area are extensive and costly, and the private market, on its own, has shown little ability to absorb all such costs. Infrastructure issues related to stormwater management and water distribution affect the entire community, and also impact the redevelopment potential of the RPA. Public resources to assist with 58 FRIEDMAN I DEVELOPMENT ADVISORS 38 www.sbfriedman.com Dempster /Waukegan RPA Required Findings and Tests public infrastructure improvements and site preparation are needed to leverage private investment and facilitate area -wide redevelopment consistent with the Village's Comprehensive Plan. The Village has limited capacity to fund capital improvements of the sort that appear necessary to make the study area attractive for redevelopment. TIF funds can be used to fund infrastructure improvements, environmental remediation, site assembly and preparation, building rehabilitation, streetscape improvements, and other related costs. Accordingly, but for the designation of a TIF district, these projects, which would contribute substantially to area -wide redevelopment, are unlikely to occur. Finding: But for the adoption of this Redevelopment Plan, critical resources will be lacking that would otherwise support the redevelopment of the Dempster /Waukegan RPA, and the Dempster /Waukegan RPA would not reasonably be anticipated to be developed. Conformance to the Plans of the Village The Dempster /Waukegan RPA and Redevelopment Plan must conform to the comprehensive plan for the Village, conform to strategic economic development plans, or include land uses that have been approved by the Village Board. The Land Use Plan Map within the 1999 Comprehensive Plan anticipates that the Dempster /Waukegan RPA will be developed with commercial uses. Thus, the Redevelopment Plan conforms to this vision. Dates of Completion The dates of completion of the project and retirement of obligations are described in "Phasing and Scheduling of the Redevelopment" in Section 5 above. Financial Impact of the Redevelopment Project As explained above, without the adoption of this Redevelopment Plan and Tax Increment Financing, the Dempster /Waukegan RPA is not expected to be redeveloped by private enterprise. Additionally, there is a genuine threat that blighting conditions will continue to exist and spread, and that the entire area will become a less attractive place to maintain and improve existing buildings and sites. The lagging growth of property values may also lead to a decline of property values in surrounding areas and to a reduction of the real estate tax base of all taxing districts. This document describes the comprehensive redevelopment program proposed to be undertaken by the Village to create an environment in which private investment can reasonably occur. The redevelopment program will be staged gradually over the 23 -year life of the Dempster /Waukegan RPA. If a redevelopment project is successful, various new projects will be undertaken that will assist in alleviating blighting conditions, creating new jobs, and promoting rehabilitation and development in the Dempster /Waukegan RPA. This Redevelopment Plan is expected to have short- and long -term financial impacts on the affected taxing districts. During the period when Tax Increment Financing is utilized, real estate tax increment revenues from the increases in EAV over and above the certified initial EAV (established at the time of adoption of this document) may be used to pay eligible redevelopment project costs for the Dempster /Waukegan RPA. At the time when the Dempster /Waukegan RPA is no longer in place under SB FRIEDMAN I DEVELOPMENT ADVISORS 39 www.sbfriedman.corn Dempster /Waukegan RPA Required Findings and Tests the Act, the real estate tax revenues resulting from the redevelopment of the RPA will be distributed to all taxing districts levying taxes against property located in the RPA. These revenues will then be available for use by the affected taxing districts. Demand on Taxing District Services and Program to Address Financial and Service Impact In 1994, the Act was amended to require an assessment of any financial impact of a redevelopment project area on, or any increased demand for service from, any taxing district affected by the redevelopment plan, and a description of any program to address such financial impacts or increased demand. The Village intends to monitor development in the area and, with the cooperation of the affected taxing districts, work to address any increased needs in connection with any particular development. Given the preliminary nature of this Redevelopment Plan, specific fiscal impacts on the taxing districts and increases in demand for services provided by those districts cannot accurately be assessed within the scope of this plan. The following major taxing districts presently levy taxes on properties within the Dempster /Waukegan RPA: Cook County Consolidated Elections • Forest Preserve District of Cook County Niles Township General Assistance Niles • Road and Bridges Niles • Village of Morton Grove Village of Morton Grove Library Fund • School District 67 School District 70 Community High School 219 Oakton Community College District 535 Morton Grove Park District • Metropolitan Water Reclamation District of Greater Chicago North Shore Mosquito Abatement District Replacement of vacant and under - utilized buildings and sites with active and more intensive uses may result in additional demands on services and facilities provided by the districts. To the extent increases in demand for services would arise from an increase in permanent residential population, the Redevelopment Plan does not include any residential units, and thus taxing districts which might experience an increase in demand from increased population in the district are not expected to be adversely impacted by the activities in furtherance of this Redevelopment Plan. At this time, no special programs are proposed for these taxing districts. Should demand increase, the Village will work with the affected taxing districts to determine what, if any, program is necessary to provide adequate services. SB FRIEDMAN I DEVELOPMENT ADVISORS 40 www.sbfriedman.com T. Provisions for Amending Action Pion This Redevelopment Plan and Project document may be amended pursuant to the provisions of the Act. SE FRIEDMAN I DEVELOPMENT ADVISORS 41 www.sbfriedman.com 8. Commitment to Fair Employment Practices and Affirmative Action Plan The Village of Morton Grove is an equal opportunity employer. As part of this Redevelopment Project and Plan, the Village will work with any developers who assist in the redevelopment of the RPA to implement an effective affirmative action program that conforms to Village policies and practices. This program will ensure equal opportunity for all personnel regardless of race, color, religion, sex, age, marital status, handicapped status, nation of origin, sexual preference, creed or ancestry. This program will also meet Village standards for any applicable prevailing wage rate as ascertained by the Illinois Department of Labor to all project employees. All entities involved are responsible for conformance to the policy that is put in place. SB FRIEDMAN I DEVELOPMENT ADVISORS 42 www.sbfriedman.com Appendix 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 RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING THE EAST LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF HAZEL STREET; THENCE NORTHERLY ALONG A LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT -OF -WAY LINE OF SAID HAZEL STREET AND SAID EAST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING THE EAST LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS; THENCE NORTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE TO THE NORTHEAST CORNER OF SAID STEELE'S MORTON GROVE HIGHLANDS; THENCE WESTERLY ALONG THE NORTH LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS TO THE EAST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING THE WEST LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS; THENCE SOUTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF SAID HAZEL STREET; THENCE SOUTHERLY ALONG A LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF SAID HAZEL STREET AND SAID EAST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING THE WEST LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS; THENCE SOUTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT -OF -WAY LINE CHURCHHILL STREET; THENCE WESTERLY ALONG SAID NORTH RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY EXTENTION OF THE WEST RIGHT OF WAY LINE OF NEW ENGLAND AVENUE; THENCE SOUTHERLY ALONG SAID NORTHERLY EXTENTION AND WEST RIGHT -OF -WAY LINE TO THE NORTHEAST CORNER OF LOT 127 IN SAID DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 127 TO THE NORTHWEST CORNER OF SAID LOT 127; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 127 TO A POINT OF INTERSECTION WITH THE SB FRIEDMtAN I DEVELOPMENT ADVISORS 43 www.sbfriedman.com Dempster /Waukegan RPA Boundary Legal Description EASTERLY EXTENSION OF THE NORTH LINE OF LOT 170 IN SAID DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE WESTERLY ALONG SAID EASTERLY EXTENSION AND NORTH LINE TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF WAUKEGAN ROAD; THENCE SOUTHERLY ALONG SAID EAST RIGHT -OF- WAY LINE TO A POINT ON THE SOUTH LINE OF LOT 156 IN DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE EASTERLY ALONG THE SOUTH LINE OF LOT 156 AND IT'S EASTERLY EXTENSION THEREOF TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING SAID LOT 156; THENCE SOUTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 151 IN SAID DEMPSTER- WAUKEGAN ROAD SUBDIVISION; THENCE WESTERLY ALONG SAID EASTERLY EXTENSION AND NORTH LINE TO A POINT ON SAID EAST RIGHT -OF -WAY LINE OF WAUKEGAN ROAD; THENCE SOUTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 24 IN FOREST VIEW SUBDIVISION, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 23, 1925 AS DOCUMENT NO. 8824972; THENCE WESTERLY ALONG SAID EASTERLY EXTENSION, SOUTH LINE AND WESTERLY EXTENSION THEREOF TO A POINT OF INTERSECTION WITH THE WEST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING SAID LOT 24; THENCE NORTHERLY ALONG SAID WEST RIGHT -OF -WAY LINE TO THE NORTHEAST CORNER OF LOT 114 IN SAID FOREST VIEW SUBDIVISION; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 114 AND IT'S WESTERLY EXTENSION THEREOF TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF SAYRE AVENUE; THENCE SOUTHERLY ALONG SAID WEST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 114; THENCE EASTERLY ALONG SAID WESTERLY EXTENSION AND SOUTH LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 26 IN SAID FOREST VIEW SUBDIVISION; THENCE SOUTHERLY ALONG SAID NORTHERLY EXTENSION AND WEST LINE TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF DEMPSTER STREET; THENCE WESTERLY ALONG SAID NORTH RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 5 IN FINK AND OTHERS SUBDIVISION, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18 AND NORTH HALF OF SECTION 19 ACCORDING TO THE PLAT THEREOF RECORDED APRIL 12, 1893 AS DOCUMENT NO. 1847465; THENCE SOUTHERLY ALONG SAID NORTHERLY EXTENSION AND WEST LINE TO THE SOUTHWEST CORNER OF SAID LOT 5; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 5 TO THE NORTHWEST CORNER OF LOT 460 IN THE FIRST ADDITION TO DEMPSTER - WAUKEGAN ROAD SUBDIVISION, BEING A SUBDIVISION IN SAID NORTH HALF OF SECTION 19, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 11, 1927 AS DOCUMENT NO. 9576777; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 460 AND THE SOUTHERLY EXTENSION THEREOF TO THE NORTHWEST CORNER OF LOT 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 56 FRIEDMAN I DEVELOPMENT ADVISORS 44 www.sbfriedman.com Dempster/Waukegan RPA Boundary Legal Description DOCUMENT NO. 1595582; THENCE NORTHERLY ALONG SAID CENTERLINE TO A POINT ON THE CENTERLINE OF MAINE STREET (NOW VACATED) AS LAID OUT IN SAID SCHRADER'S ADDITION TO MORTON GROVE; THENCE EASTERLY ALONG SAID CENTERLINE TO A POINT ON THE CENTERLINE OF OAK PARK AVENUE (NOW VACATED) AS LAID OUT IN SAID SCHRADER'S ADDITION TO MORTON GROVE; THENCE NORTHERLY ALONG SAID CENTERLINE TO A POINT ON THE NORTH LINE OF SAID LOT 2 IN WHITE'S SUBDIVISION; THENCE EASTERLY ALONG SAID NORTH LINE TO A POINT ON THE EAST LINE OF THE WEST 763 FEET OF THE EAST 26.31 ACRES OF LOT 1 IN SAID WHITE'S SUBDIVISION; THENCE NORTHERLY ALONG SAID EAST LINE TO A POINT ON THE SOUTH LINE OF THE PARCEL OF LAND DESCRIBED BY DOCUMENT NO. 90402807, RECORDED AUGUST 17, 1990; THENCE EASTERLY ALONG SAID SOUTH LINE TO A POINT ON THE EAST LINE OF SAID PARCEL OF LAND DESCRIBED BY DOCUMENT NO. 90402807; THENCE NORTHERLY ALONG SAID EAST LINE AND NORTHERLY EXTENSION THEREOF TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF DEMPSTER STREET; THENCE WESTERLY ALONG SAID NORTH RIGHT -OF -WAY LINE TO SAID POINT OF BEGINNING. SB FRIEDMANI DEVELOPMENT ADVISORS 45 www.sbfriedman.com I' Record PIN 2010 Final EAV 1 10 -18- 312- 007 -0000 $ 13,372 2 10 -18- 314- 028 -0000 $ - 3 i 10 -18 -320- 011 -0000 _ $ 58,397 4 10 -18- 320 -033 -0000 $ 402,864 5 10 -18- 320 - 041 -0000 $ 19,087 6 10 -18- 320 - 042 -0000 $ 12,824 7 10 -18- 321 - 004 -0000 $ 33,647 8 10 -18- 321 - 023 -0000 $ 39,719 9 10 -18- 321- 027 -0000 $ 53,836 10 10- 18- 321 -035 -0000 $ 54,516 11 10 -18- 321- 036 -0000 $ 54,816 12 10 -18- 321- 042 -0000 $ 198,416 13 10 -18- 321 - 043 -0000 $ 220,552 14 10 -18- 321 - 044 -0000 $ 141,002 15 10 -18 -321- 045 -0000 $ 32,700 16 10 -18- 321 -047 -0000 $ 165,465 17 10 -18- 321 - 048 -0000 $ 179,774 18 10 -18- 321 - 049 -0000 $ 21051,069 19 110 -18- 321 -050 -0000 $ 399,709 20 10 -18- 321 -052 -0000 $ 11505,031 21 10 -18 -321- 053 -0000 $ 7,976 22 10 -18- 321 -054 -0000 $ 138,095 23 10 -18- 321 - 055 -0000 $ 231,152 24 10 -18- 322 - 042 -0000 $ 25 10 -18- 323 - 038 -0000 $ 83,124 26 10 -18- 323 -039 -0000 $ 147,560 27 10 -18- 323 - 040 -0000 $ 35,544 28 10 -18- 323 - 041 -0000 $ 47,639 29 10 -18- 323 - 054 -0000 - 30 10 -18 -400- 048 -0000 _$ $ 118,374 31 10 -18- 400 - 056 -0000 $ 567793 32 10 -18- 400 - 061 -0000 $ 47,292 33 10 -18- 400 - 062 -0000 $ 47,012 34 10 -18- 402 -038 -0000 $ 36,280 35 10 -18- 402 -039 -0000 $ 36,280 SB FRIEDMAN I DEVELOPMENT ADVISORS 46 www.sbfriedman.com Dempster/Waukegan RPA Summary of EAV (by PIN) 36 10 -18- 402- 040 -0000 $ 209,778 37 10 -18- 402 - 041 -0000 $ 224,106 38 10 -18- 402- 054 -0000 $ 11001,580 39 10 -18- 402 -055 -0000 $ 61,608 40 10 -19- 102 -021 -0000 $ 76,755 41 10 -19- 102 - 022 -0000 $ 81,962 42 10 -19 -102- 027 -0000 $ 816,473 43 -19 -102- 028 -0000 $ 844,001 44 10 -19- 102 - 029 -0000 $ 105,996 45 E10 10 -19- 102 - 030 -0000 $ 42,375 46 10 -19- 102 - 033 -0000 $ 30,548 47 10 -19- 102 - 034 -0000 $ 45,349 48 10 -19 -102- 035 -0000 $ 12,005 49 10 -19- 103 - 001 -0000 $ 91495,215 50 10 -19- 103 - 002 -0000 $ 6,114,451 51 10 -19- 106 - 048 -0000 $ 11818,062 52 10 -19- 200 - 002 -0000 $ 1,868,803 53 10 -19- 200 - 007 -0000 $ 21805,624 54 10 -19- 200 -009 -0000 $ 222,496 55 10 -19- 200- 010 -0000 $ 2,088,649 SB FRIEDMAN I DEVELOPMENT ADVISORS 47 www.sbfriedman.com Leaislative Summary itted: Admin Prepared by: IIJX' ? /jam ---- -- Teresa Hoffman Liston, orporation Counsel Ordinance 12 -16 DESIGNATING THE DEMPSTERIWAUKEGAN REDEVELOPMENT PROJECT AREA PURSUANT TO THE TAX INCREMENT ALLOCATION REDEVELOPMENT ACT Introduced: May 14, 2012 Synopsis: This ordinance will designate the Dempster /Waukegan Tax increment Redevelopment Plan and Project Area Purpose: To reverse declining property values and EAV in the Prairie View Shopping Center and adjacent areas, and encourage private investment to enhance the District, and real estate and sales tax bases, and to attract retailers to satisfy the consumer requirements of residents and shoppers in the area. Background: Over the past several years, the Prairie View Shopping Center has experienced declining property values, and vacancies. This decline has had an adverse effect on surrounding properties. In 2011, the owners of the shopping center approached the Village proposing a plan to do major renovations to the center, but informed the Village they will not be able to do so without Village assistance due to the high cost, the uncertain economic climate, and increased MWRD and related requirements. The Village then retained S.B. Friedman and Company to conduct an eligibility analysis of this area. Based on their report dated February 29, 2012, S.B. Friedman and Company determined eligibility factors required for the creation of a Tax Increment Financing District were present for blight in the area. The Village then convened a Joint Review Board consisting of representatives of local taxing districts. The Joint Review Board reviewed and recommended the approval of Tax Increment Financing for the area designated as the Dempster/ Waukegan Redevelopment Project Area. In order to create a TIF District it is necessary the Corporate Authorities to make certain findings required by the statute. These findings include the area be more than h acres in size and conditions of blighting exist. The approval of this ordinance is necessary to comply with the Tax Increment Redevelopment Act to designate the area set forth in Exhibit "A" as a Redevelopment Project Area pursuant to the Act. The area consists of the Prairie View Shopping Center, properties immediately to the east of the center, a vacant parcel north of the center (across Dempster Street), continuing west of Waukegan to include the vacant Produce World building, and then south of Dempster to include the Shell Gas Station and the IFC Credit Corporation building. Upon approval of this ordinance, the Village Clerk will file a certified copy of the ordinance with the County Clerk's office, also as required by statute. Programs, Departs Administration and Legal Departments or Groups Affected Fiscal Impact: N/A Source of Funds: N/A Workload Impact: The Village Administrator and Corporation Counsel will oversee implementation of the plan. Admin Recommend: i Approval as presented Second Reading: June 11, 2012 Special Consider or None Requirements: itted: Admin Prepared by: IIJX' ? /jam ---- -- Teresa Hoffman Liston, orporation Counsel AN ORDINANCE DESIGNATING THE DEMPSTER/WAUKEGAN REDEVELOPMENT PROJECT AREA PURSUANT TO THE TAX INCREMENT ALLOCATION REDEVELOPMENT ACT WHEREAS, on June 11, 2012, the President and Board of Trustees (the "Corporate Authorities ") of the Village of Morton Grove, Cook County, Illinois (the "village ") adopted Ordinance 12 -15, adopting and approving a 'redevelopment plan and project (the "Plan" and "Project ") within the municipal boundaries of the Village and within a redevelopment project area (the "Area ") described in Section 3 of this Ordinance; and WHEREAS, the Plan and Project, along with the proposed designation of the Area, were the subject of a public hearing on April 30, 2012, held pursuant to the Tax Increment Allocation Redevelopment Act, as amended, constituting Division 74.4 of Article 11 of the Illinois Municipal Code (the "Act"); and WHEREAS, the Corporate Authorities have now determined that it is necessary and desirable and for the best interests of the citizens of the Village to designate the Area as a redevelopment project area: NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, as follows: SECTION I: Incorporation of Recitals. The foregoing recitals to this Ordinance are incorporated in this Ordinance as if set out in full by this reference, and the statements and findings contained therein are found to be true and correct, and are hereby adopted as part of this Ordinance. SECTION 2: Required Findings. The Corporate Authorities hereby make the following findings: A. As required by Section 11- 74-.4 -4(a) of the Act, the Area includes only those contiguous parcels of real property and improvements thereon that are to be substantially benefited by the proposed redevelopment project improvements set forth in the Plan and Project. B. As required by Section 11- 74.4 -3(p) of the Act: The Area is not less, in the aggregate, than one and one -half acres in size; and 2. Conditions exist in the Area that cause the Area to qualify for designation as a "blighted area" within the meaning of section 11- 74.4 -3(a) of the Act. SECTION 3: Designation of Area. The Area, as described in Exhibit A attached to and incorporated herein as if set out in full by this reference, is hereby designated a redevelopment project area pursuant to Section 11- 74.4 -4(a) of the Act, and shall hereafter be known as the Dempster /Waukegan Redevelopment Project Area. The streets generally surrounding the Area are described (as near as practical) in Exhibit B attached to and incorporated herein as if set out in full by this reference. The map of the Area is depicted on Exhibit C attached to and incorporated herein as if set out in full by this reference. The parcel or tax identification number of each parcel of property included in the Area is set forth in Exhibit D attached to and incorporated herein as if set out in full by this reference. SECTION 4: Filing With County Clerk. The Village Clerk is hereby directed to file a certified copy of this Ordinance with the County Clerk of Cook County, Illinois. SECTION 5: Invalidity of Any Section. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 6: Superceder�; Effective Date. All ordinances, resolutions, motions or orders in conflict herewith be, and the same hereby are, repealed to the extent of such conflict, and this Ordinance shall be in full force and effect immediately from and after its passage and approval. PASSED THIS 11 °' day of June 2012 Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS 1 I"' day of June 2012 ATTESTED and FILED in my office This 11`� day of June 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois 2 ExhihitA to Ordinance 12 -16 Boundary Legal Description of Project Area THAT PART OF THE SOUTH HALF OF SECTION 18 AND THAT PART OF THE NORTH HALF OF SECTION 19 IN TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL, MERIDIAN IN COOK COUNTY, ILLINOIS, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT I IN DEMPSTER - WAUKEGAN ROAD SUBDIVISION, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 15, 1925 AS DOCUMENT NO. 9066534; THENCE NORTHERLY ALONG THE EAST LINE OF SAID DEMPSTER- WAUKEGAN ROAD SUBDIVISION TO THE NORTHEAST CORNER OF LOT 5 IN LOCHNER'S RESUBDIVISION, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1997 AS DOCUMENT NO. 97497619; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 5 AND ITS WESTERLY EXTENSION THEREOF TO A POINT OF INTERSECTION WITH THE WEST RIGHT -OF -WAY LINE OF NORMANDY AVENUE: THENCE SOUTHERLY ALONG SAID WEST RIGHT -OF -WAY LINE 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 T14E WEST LINE OF SAID LOT 59 AND ALONG THE WEST LINE OF LOTS 58 THRU 44 INCLUSIVE IN SAID DEMPSTER - WAUKEGAN ROAD SUBDIVISION TO THE NORTHWEST CORNER OF SAID LOT 44: THENCE NORTHERLY ALONG A LINE TO THE SOUTHEAST CORNER OF LOT 16 IN STEELE'S MORTON GROVE HIGHLANDS, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6, 1924 AS DOCUMENT NO. 8540426: THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 16 AND ALONG THE EAST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING THE EAST LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF HAZEL STREET; THENCE NORTHERLY ALONG A LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT -OF -WAY LINE OF SAID HAZEL STREET AND SAID EAST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING THE EAST LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS; THENCE NORTHERLY ALONG SAID EAST RIGFIT -OF -WAY LINE TO THE NORTHEAST CORNER OF SAID STEELE'S MORTON GROVE HIGHLANDS; THENCE WESTERLY ALONG THENORTH LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS TO THE EAST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING THE WEST LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS; THENCE SOUTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF SAID HAZEL STREET; THENCE SOUTHERLY ALONG A LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF SAID HAZEL STREET AND SAID EAST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING THE WEST LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS: THENCE SOUTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT -OF -WAY LINE CHURCHHILL STREET; THENCE WESTERLY ALONG SAID NORTH RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY EXTENTION OF THE WEST RIGHT OF WAY LINE OF NEW ENGLAND AVENUE; THENCE 3 SOUTHERLY ALONG SAID NORTHERLY EXTENSION AND WEST RIGHT -OF -WAY LINE TO TFIE NORTHEAST CORNER OF LOT 127 IN SAID DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 127 TO THE NORTHWEST CORNER OF SAID LOT 127; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 127 TO A POINT OF INTERSECTION WITH THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 170 IN SAID DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE WESTERLY ALONG SAID EASTERLY EXTENSION AND NORTH LINE TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF WAUKEGAN ROAD; THENCE SOUTHERLY ALONG SAID EAST RIGHT -OFWAY LINE TO A POINT ON THE SOUTH LINE OF LOT 156 IN DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE EASTERLY ALONG THE SOUTH LINE OF LOT 156 AND IT'S EASTERLY EXTENSION THEREOF TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING SAID LOT 156, THENCE SOUTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 151 IN SAID DEMPSTER- WAUKEGAN ROAD SUBDIVISION; THENCE WESTERLY ALONG SAID EASTERLY EXTENSION AND NORTH LINE TO A POINT ON SAID EAST RIGHT -OF -WAY LINE OF WAUKEGAN ROAD; THENCE SOUTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 24 IN FOREST VIEW SUBDIVISION, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 23, 1925 AS DOCUMENT NO. 8824972; THENCE WESTERLY ALONG SAID EASTERLY EXTENSION, SOUTH LINE AND WESTERLY EXTENSION THEREOF TO A POINT OF INTERSECTION WITH THE WEST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING SAID LOT 24; THENCE NORTHERLY ALONG SAID WEST RIGHT -OF -WAY LINE TO THE NORTHEAST CORNER OF LOT 114 IN SAID FOREST VIEW SUBDIVISION; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 114 AND IT'S WESTERLY EXTENSION THEREOF TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF SAYRE AVENUE; THENCE SOUTHERLY ALONG SAID WEST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION W114H THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 114; THENCE EASTERLY ALONG SAID WESTERLY EXTENSION AND SOUTH LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 26 IN SAID FOREST VIEW SUBDIVISION; THENCE SOUTHERLY ALONG SAID NORTHERLY EXTENSION AND WEST LINE TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF DEMPSTER STREET; THENCE WESTERLY ALONG SAID NORTH RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 5 IN FINK AND OTHERS SUBDIVISION, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18 AND NORTH HALF OF SECTION 19 ACCORDING TO THE PLAT THEREOF RECORDED APRIL 12, 1893 AS DOCUMENT NO, 1847465; THENCE SOUTHERLY ALONG SAID NORTHERLY EXTENSION AND WEST LINE TO THE SOUTHWEST CORNER OF SAID LOT 5; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 5 TO THE NORTHWEST CORNER OF LOT 460 IN THE FIRST ADDITION TO DEMPSTER - WAUKEGAN ROAD SUBDIVISION, BEING A SUBDIVISION IN SAID NORTH HALF OF SECTION 19, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 11, 1927 AS DOCUMENT NO. 9576777; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 460 AND THE SOUTHERLY EXTENSION THEREOF TO THE NORTHWEST CORNER OF LOT 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 4 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 SCLIRADER'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 SCHRADEWS ADDITION TO MORTON GROVE; THENCE EASTERLY ALONG SAID CENTERLINE TO A POINT ON THE CENTERLINE OF OAK PARK AVENUE (NOW VACATED) AS LAID OUT IN SAID SCHRADEWS ADDITION TO MORTON GROVE; THENCE NORTHERLY ALONG SAID CENTERLINE TO A POINT ON 'T'HE NORTH LINE OF SAID LOT 2 IN WHITE'S SUBDIVISION; THENCE EASTERLY ALONG SAID NORTH LINE TO A POINT ON THE EAST LINE OF THE WEST 763 FEET OF THE EAST 26.31 ACRES OF LOT I IN SAID WHITE'S SUBDIVISION; THENCE NORTHERLY ALONG SAID EAST LINE TO A POINT ON THE SOUTH LINE OF THE PARCEL OF LAND DESCRIBED BY DOCUMENT NO. 90402807, RECORDED AUGUST 17, 1990; THENCE EASTERLY ALONG SAID SOUTH LINE TO A POINT ON THE EAST LINE OF SAID PARCEL OF LAND DESCRIBED BY DOCUMENT NO, 90402807; THENCE NORTHERLY ALONG SAID EAST LINE AND NORTHERLY EXTENSION THEREOF TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF DEMPSTER STREET: THENCE WESTERLY ALONG SAID NORTH RIGHT -OF -WAY LINE TO SAID POINT OF BEGINNING. 5 Exhibit B to Ordinance 12 -16 Street Location for Project Area The Project Area is generally bounded by the following streets: on the west by Sayre Avenue, the Village corporate limits and Waukegan Road; on the east by the Cook County Forest Preserve; on the north by parcels along the western frontage of New England Avenue to approximately Churchill Street; and on the south by the north line of Meadow Lane. M i Churchill St C2 7 Greenwood St � G > ns 9 ¢ m A L�IP° r Kr I om L=11 1 09 I UM SB Friedman dN<.a�a4sna+n: Art �'M4', Hazel St a z > d: s Churchill St -- w a 6 Dempster St �s I all Legend RPA Boundary Assessment Blocks Parcels Note: IBMdenotes assessment block (first 7 digits of PIN) as defined by Cook County Assessor's Office N 0 600 Feet February 2012 Dempster /Waukegan Tax Increment Financing District VILLAGE OF MORTON GROVE, It www.sbfriedman.com Exhibit D to Ordinance 12 -16 Property identification numbers ofparceds in ProjectArea 10- 18- 312 -007 -0000 10 -18- 314 -028 -0000 10 -18- 320 - 011 -0000 10 -18- 320 - 033 -0000 10 -18- 320 -041 -0000 10 -18- 320- 042 -0000 10 -18- 321- 004 -0000 10 -18- 321 - 023 -0000 10 -18- 321 - 027 -0000 10 -18- 321 - 035 -0000 10 -18- 321 - 036 -0000 10 -18- 321 - 042 -0000 10 -18 -321- 043 -0000 10 -18- 321 - 044 -0000 10 -18- 321 -045 -0000 10 -18- 321 - 047 -0000 10 -18- 321 - 048 -0000 10 -18- 321 - 049 -0000 10 -18- 321 - 050 -0000 10 -18- 321 - 052 -0000 10 -18- 321 -053 -0000 10 -18- 321 -054 -0000 10 -18- 321 - 055 -0000 10 -18- 322- 042 -0000 10 -18- 323 - 038 -0000 10 -18- 323 - 039 -0000 10 -18- 323 - 040 -0000 10 -18 -323- 041 -0000 10 -18- 323 - 054 -0000 10 -18- 400 -048 -0000 10 -18- 400 - 056 -0000 10 -18- 400 - 061 -0000 10 -18 -400- 062 -0000 10 -18- 402 - 038 -0000 10 -18- 402 - 039 -0000 10 -18- 402- 040 -0000 10 -18- 402- 041 -0000 10 -18 -402- 054 -0000 10 -18- 402 -055 -0000 10 -19- 102 - 021 -0000 10 -19- 102 - 022 -0000 10 -19- 102- 027 -0000 10 -19- 102 - 028 -0000 Ll 10 -19- 102 - 029 -0000 10 -19- 102 - 030 -0000 10 -19- 102 -033 -0000 10 -19- 102- 034 -0000 10 -19- 102 - 035 -0000 10 -19- 103 - 001 -0000 10 -19- 103 - 002 -0000 10 -19- 106 - 048 -0000 10 -19 -200- 002 -0000 10 -19- 200 - 007 -0000 10 -19 -200- 009 -0000 10 -19 -200- 010 -0000 Lel!istative Summary Orciinance 12 -77 �i ADOPTING TAX INCREMENT ALLOCATION FINANCING RESPECTING THE DEMPSTER/WAUKEGAN REDEVELOPMENT PROJECT AREA IN THE VILLAGE OF MORTON GROVE, ILLINOIS Introduced: May 14, 2012 Synopsis: This ordinance will allocate financing respecting the Dempster /Waukegan Redevelopment Plan and Project Area I Purpose: To reverse declining property values and EAV in the Prairie View Shopping Center and adjacent areas, and encourage private investment to enhance the District, and real estate and sales tax bases, and to attract retailers to satisfy the consumer requirements of residents and shoppers in the area. Background: Over the past several years, the Prairie View Shopping Center has experienced declining property values, and vacancies. This decline has had an adverse effect on ,surrounding properties. In 2011, the owners of the shopping center approached the Village proposing a plan to do major renovations to the center, but informed the Village they will not be able to do so without Village assistance due to the high cost, the uncertain economic climate, and increased MWRD and related requirements. The Village then retained S.B. Friedman and Company to conduct an eligibility analysis of this area. Based on their report dated February 29, 2012, S.B. Friedman and Company detenumed eligibility factors required for the creation of a Tax Increment Financing District were present for blight in the area. The Village then convened a Joint Review Board consisting of representatives of local taxing districts. The Joint Review Board reviewed and recommended the approval of Tax Increment Financing for the area designated as the Dempster/ Waukegan Redevelopment Project Area. In order to create a TIF District it is necessary the Corporate Authorities to make certain findings required by the statute. These findings include the area be more than '/, acres in size and conditions of blighting exist. In order to comply with the Tax Increment Allocation Redevelopment Act (TIF Act), the Village, after proper notice, held a Public Hearing on April 30, 2011 It also conducted a Joint Review Board meeting which concluded on May 3, 2012. In addition to these meetings, the Village held approximately eleven other public meetings where the creation of the Tax Increment Financing District was discussed. Adoption of this ordinance is necessary to approve Tax Increment Financing for the Dempster /Waukegan Redevelopment Project Area. Tax Increment Financing will be used to pay redevelopment project costs as allowed by the Act and as set forth in the plan and project area. The project area is depicted on a map included as Exhibit "C" of this ordinance. Once tax increment financing has been approved, the County Collector will pay to the taxing districts within the TIF District that portion of taxes which is attributable to the lower of the current Equalized Assessed Value (EAV) or the initial EAV of each taxable parcel within the TIF District. That portion of taxes which is attributable to the increase in the current EAV over and above the initial EAV shall be allocated and when collected shall be paid to the Village and deposited in a special fund designated as the 2012 Dempster /Waukegan Redevelopment Project Area Special Tax Allocation Fund. Upon approval, this ordinance shall be filed with the County Clerk of Cook County, Illinois. Programs, Departs Administration and Legal Departments or Groups Affected Fiscal Impact: N/A Source of Funds: NIA Workload impact: The Village Administrator and Corporation Counsel will oversee implementation of the plan. Admin Recommend: l Approval as presented Second Reading: June 11. 2012 Special Consider or None Requirements: Respectfully submitted: Prepared by: Teresa J. Porfre! Village Administrator Counsel AN ORDINANCE ADOPTING TAX INCREMENT ALLOCATION FINANCING RESPECTING THE DEMPSTERIWAUKEGAN REDEVELOPMENT PROJECT AREA IN THE VILLAGE OF MORTON GROVE, ILLINOIS WHEREAS, it is desirable and for the best interests of the citizens of the Village of Morton Grove, Cook County, Illinois (the "Village ', ), for the Village to adopt tax increment allocation financing pursuant to the Tax Increment Allocation Redevelopment Act, as amended, constituting Division 74.4 of Article i I of the Illinois Municipal Code (the "Act"); and WHEREAS, the President and Board of Trustees of the Village (the "Corporate Authorities ") have heretofore approved a redevelopment plan and project (the "Plan" and "Project ") as required by the Act by passage of an ordinance, and have heretofore designated the Dempster /Waukegan Redevelopment Project Area (the "Area ") as required by the Act by the passage of an ordinance, and the Village has otherwise complied with all other conditions precedent required by the Act: NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, as follows: SECTION I: Incorporation of Recitals. The foregoing recitals to this Ordinance are incorporated in this Ordinance as if set out in full by this reference, and the statements and findings contained therein are found to be true and correct, and are hereby adopted as part of this Ordinance. SECTION 2: Tax Increment Financing Adopted. Tax increment allocation financing is hereby adopted to pay redevelopment project costs as defined in the Act and as set forth in the Plan and Project within the Area as described in Exhibit A attached hereto and incorporated herein as if set out in full by this reference. The street location (as near as practicable) for the Area is described in Exhibit B attached hereto and incorporated herein as if set out in full by this reference. The map of the Area is depicted on Exhibit C attached hereto and incorporated herein as if set out in full by this reference. SECTION 3. Allocation of Ad Valorem Taxes. Pursuant to the Act, the ad valorem taxes, if any, arising from the levies upon taxable real property in the Area by taxing districts and tax rates determined in the manner provided in Section 11- 74.4 -9(c) of the Act each year after the effective date of this ordinance until the Project costs and obligations issued in respect thereto have been paid shall be divided as follows: (a) That portion of taxes levied upon each taxable lot, block, tract or parcel of real property which is attributable to the lower of the current equalized assessed value or the initial equalized assessed value of each such taxable lot, block, tract or parcel of real property in the Area shall be allocated to and when collected shall be paid by the county collector to the respective affected taxing districts in the manner required by law in the absence of the adoption of tax increment allocation financing. (b) That portion, if any, of such taxes which is attributable to the increase in the current equalized assessed valuation of each lot, block, tract or parcel of real property in the Area over and above the initial equalized assessed value of each property in the Area shall be allocated to and when collected shall be paid to the Village treasurer or to his designee pursuant to Section 207A of the Revenue Act of 1939 of the State of Illinois, as amended, who shall deposit said taxes into a special fund, hereby created, and designated the "2012 Dempster /Waukegan Redevelopment Project Area Special Tax Allocation Fund" of the Village, and such taxes shall be used for the purpose of paying Project costs and obligations incurred in the payment thereof. SECTION 4: Filing Ulith Counly Clerk. The Village Clerk is hereby directed to file a certified copy of this Ordinance with the County Clerk of Cook County, Illinois. SECTION 5: Invalidity of Any Section. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 6: Superceder; Effective Dale. All ordinances, resolutions, motions or orders in conflict herewith be, and the same hereby are, repealed to the extent of such conflict, and this Ordinance shall be in full force and effect immediately from and after its passage and approval. PASSED THIS 11 "' day of June 3012 Trustee Trustee Trustee Trustee ,Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS 11 "' day of June 2012 ATTESTED and FILED in my office This 1 I 'h day of June 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois 2 ExhibitA to Ordinance 12 -17 Boundary Legal Description of Project Area THAT PART OF THE SOUTH HALF OF SECTION 18 AND THAT PART OF THE NORTH HALF OF SECTION 19 IN TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT I 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 105 1997 AS DOCUMENT NO. 97497619: THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 5 AND ITS WESTERLY EXTENSION THEREOF TO A POINT OF INTERSECTION WITH THE WEST RIGHT -OF -WAY LINE OF NORMANDY AVENUE; THENCE SOUTHERLY ALONG SAID WEST RIGHT -OF -WAY LINE TO A POINT ON THE SOUTH LINE OF THE NORTH 10 FEET OF LOT 18 IN SAID DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE WESTERLY ALONG SAID SOUTH LINE TO A POINT ON THE WEST LINE OF SAID LOT 18; THENCE SOUTHERLY ALONG SAID WEST LINE TO THE SOUTHEAST CORNER OF LOT 28 IN SAID DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 28 TO THE SOUTHWEST CORNER OF SAID LOT 28: THENCE WESTERLY TO THE SOUTHEAST CORNER OF LOT 59 IN SAID DEMPSTER- WAUKEGAN ROAD SUBDIVISION; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 59 TO THE SOUTHWEST CORNER OF SAID LOT 59; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 59 AND ALONG THE WEST LINE OF LOTS 58 THRU 44 INCLUSIVE IN SAID DEMPSTER - WAUKEGAN ROAD SUBDIVISION TO THE NORTHWEST CORNER OF SAID LOT 44; THENCE NORTHERLY ALONG A LINE TO THE SOUTHEAST CORNER OF LOT 16 IN STEELE'S MORTON GROVE HIGHLANDS, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6, 1924 AS DOCUMENT NO. 8540426; THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 16 AND ALONG THE EAST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING THE EAST LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF HAZEL STREET; THENCE NORTHERLY ALONG A LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT -OF -WAY LINE OF SAID HAZEL STREET AND SAID EAST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING THE EAST LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS; THENCE NORTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE TO THE NORTHEAST CORNER OF SAID STEELE'S MORTON GROVE HIGHLANDS: THENCE WESTERLY ALONG THE NORTH LINE OF SAID STEELUS MORTON GROVE HIGHLANDS TO THE EAST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING THE WEST LINE OF SAID STEELUS MORTON GROVE HIGHLANDS; THENCE SOUTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE TO A POINT ON THENORTH RIGHT -OF -WAY LINE OF SAID HAZEL STREET: THENCE SOUTHERLY ALONG A LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF SAID HAZEL STREET AND SAID EAST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING THE WEST LINE OF SAID STEELE'S MORTON GROVE HIGHLANDS; THENCE SOUTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT -OF -WAY LINE CHURCHHILL STREET; THENCE WESTERLY ALONG SAID NORTH RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY EXTENTION OF THE WEST RIGHT OF WAY LINE OF NEW ENGLAND AVENUE; THENCE SOUTHERLY ALONG SAID NORTHERLY EXTENTION AND WEST RIGHT -OF -WAY LINE TO THE NORTHEAST CORNER OF LOT 127 IN SAID DEMPSTER - WAUKEGAN ROAD SUBDIVISION; 3 THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 127 TO THE NORTHWEST CORNER OF SAID LOT 127; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 127 TO A POINT OF INTERSECTION WITH THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 170 IN SAID DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE WESTERLY ALONG SAID EASTERLY EXTENSION AND NORTH LINE TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF WAUKEGAN ROAD; THENCE SOUTHERLY ALONG SAID EAST RIGHT -OFWAY LINE TO A POINT ON THE SOUTH LINE OF LOT 156 IN DEMPSTER- WAUKEGAN ROAD SUBDIVISION; THENCE EASTERLY ALONG THE SOUTH LINE OF LOT 156 AND IT'S EASTERLY EXTENSION THEREOF TO A POINT' ON THE EAST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING SAID LOT 156; THENCE SOUTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 151 IN SAID DEMPSTER - WAUKEGAN ROAD SUBDIVISION; THENCE WESTERLY ALONG SAID EASTERLY EXTENSION AND NORTH LINE TO A POINT ON SAID EAST RIGHT -OF -WAY LINE OF WAUKEGAN ROAD; THENCE SOUTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 24 IN FOREST VIEW SUBDIVISION, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 23, 1925 AS DOCUMENT NO, 8824972; THENCE WESTERLY ALONG SAID EASTERLY EXTENSION, SOUTH LINE AND WESTERLY EXTENSION THEREOF TO A POINT OF INTERSECTION WITH THE WEST RIGHT -OF -WAY LINE OF THE PUBLIC ALLEY ADJOINING SAID LOT 24; THENCE NORTHERLY ALONG SAID WEST RIGHT -OF -WAY LINE TO THE NORTHEAST CORNER OF LOT 114 IN SAID FOREST VIEW SUBDIVISION; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 114 AND IT'S WESTERLY EXTENSION THEREOF TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF SAYRE AVENUE; THENCE SOUTHERLY ALONG SAID WEST RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 114; THENCE EASTERLY ALONG SAID WESTERLY EXTENSION AND SOUTH LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 26 IN SAID FOREST VIEW SUBDIVISION; THENCE SOUTHERLY ALONG SAID NORTHERLY EXTENSION AND WEST LINE TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF DEMPSTER STREET; THENCE WESTERLY ALONG SAID NORTH RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 5 IN FINK AND OTHERS SUBDIVISION, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18 AND NORTH HALF OF SECTION 19 ACCORDING TO THE PLAT THEREOF RECORDED APRIL 12. 1893 AS DOCUMENT NO. 1847465; THENCE SOUTHERLY ALONG SAID NORTHERLY EXTENSION AND WEST LINE TO THE SOUTHWEST CORNER OF SAID LOT 5; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 5 TO THE NORTHWEST CORNER OF LOT 460 IN THE FIRST ADDITION TO DEMPSTER- WAUKEGAN ROAD SUBDIVISION, BEING A SUBDIVISION IN SAID NORTH HALF OF SECTION 19, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 11, 1927 AS DOCUMENT NO. 9576777; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 460 AND THE SOUTHERLY EXTENSION THEREOF TO THE NORTHWEST CORNER OF LOT 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 4 CENTER LINE OF THE 16 FOOT PUBLIC ALLEY (NOW VACATED) IN BLOCK 7 IN SCHRADEWS ADDITION TO MORTON GROVE (NOW VACATED) BEING A SUBDIVISION OF SAID LOT 2 IN WHITE'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 1 I, 1892 AS DOCUMENT NO. 1595582; THENCE NORTHERLY ALONG SAID CENTERLINE TO A POINT ON THE CENTERLINE OF MAINE STREET (NOW VACATED) AS LAID OUT IN SAID SCHRADEWS ADDITION TO MORTON GROVE; THENCE EASTERLY ALONG SAID CENTERLINE TO A POINT ON THE CENTERLINE OF OAK PARK AVENUE (NOW VACATED) AS LAID OUT IN SAID SCHRADEWS ADDITION TO MORTON GROVE; THENCE NORTHERLY ALONG SAID CENTERLINE TO A POINT ON THE NORTH LINE OF SAID LOT 2 IN WHITE'S SUBDIVISION THENCE EASTERLY ALONG SAID NORTH LINE TO A POINT ON THE EAST LINE OF THE WEST 763 FEET OF THE EAST 26.31 ACRES OF LOT 1 IN SAID WHITE'S SUBDIVISION; THENCE NORTHERLY ALONG SAID EAST LINE TO A POINT ON THE SOUTH LINE OF THE PARCEL OF LAND DESCRIBED BY DOCUMENT NO. 90402807, RECORDED AUGUST 17, 1990; THENCE EASTERLY ALONG SAID SOUTH LINE TO A POINT ON THE EAST LINE OF SAID PARCEL OF LAND DESCRIBED BY DOCUMENT NO. 90402807; THENCE NORTHERLY ALONG SAID EAST LINE AND NORTHERLY EXTENSION THEREOF TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF DEMPSTER STREET: THENCE WESTERLY ALONG SAID NORTH RIGHT -OF -WAY LINE TO SAID POINT OF BEGINNING. 5 Exhibit B to Ordinance 12 -17 Street Location for ProjectArea The Project Area is generally bounded by the following streets: on the west by Sayre Avenue, the Village corporate limits and Waukegan Road; on the east by the Cook County Forest Preserve; on the north by parcels along the western frontage of New England Avenue to approximately Churchill Street; and on the south by the north line of Meadow Lane. Churchill St Greenwood St y' m' N', t an us . NMI 30 -T4] 92B 161H33t 3619-30 m c rn s A 1 mx Map 2: RPA Boundary Davis St c t is Dezripster St roE ' nv Legend RPA Boundary Assessment Blocks Parcels Note: denotes assessment block (first 7 digits of PINE as defined by Cook County Assessor's Office N 0 600 Feet February 2012 Dempster /Waukegan Tax Increment Financing District VILLAGE OF MORTON GROVE, IL SB Friedman ° °nww*ad<tsexx wwwsbfriedman.com Hazel. St v ml W' L Churchill St -- a x a O Dezripster St roE ' nv Legend RPA Boundary Assessment Blocks Parcels Note: denotes assessment block (first 7 digits of PINE as defined by Cook County Assessor's Office N 0 600 Feet February 2012 Dempster /Waukegan Tax Increment Financing District VILLAGE OF MORTON GROVE, IL SB Friedman ° °nww*ad<tsexx wwwsbfriedman.com Legislative Summary Resolution 12 -50 AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND SCHOOL DISTRICT #67 Introduced: June 11, 2012 Synopsis: I To authorize the Village to enter into an Intergovernmental Agreement with School District #67 Purpose: To promote and encourage economic growth within the Prairie View TIF District and to provide additional revenue to the School District. Background: The Village, after discussions with School District 467, agreed, because of the District's dependence upon local real estate taxes there may be a possibility tax increment financing may disproportionately and negatively impact the District. The Village has therefore agreed to an agreement that would provide revenue to the District from home rule sales taxes generated within that part of the Prairie View TIF District, which is also in the District, to be calculated as if home rule sales taxes were imposed at a tax rate of one- quarter of one percent but only to the extent such revenue is actually paid by the State of Illinois or such other entity to the Village during the term of the Agreement. Programs, Depts Legal, Finance, and Administrative Departments or Groups Affected Fiscal impact: N/A Source of Funds: Non -TIF revenue. Workload Impact: The management and implementation of the agreement will be performed by the Legal, Finance, and Administrative Departments as part of their normal work activities. Administrator Approval as presented. Recommendation: I Second Reading: Not required i Special Consider None or Requirements: Qi Respectfully submitted: Prepared by: _ Ryan 4. Ho Z, Village Administrator Teresa Corporation Counsel RESOLUTION 12 -50 AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND SCHOOL DISTRICT #67 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 1970 Illinois Constitution (Art. VII, Section 10) and the Illinois Compiled Statutes, Revised 1992, 5 ILCS 220/1 et seq., provide authority for intergovernmental cooperation including the establishment and enforcement of intergovernmental agreements; and WHEREAS, both the Village of Morton Grove and School District 467 have agreed it is in the best interest of the Village at large to establish a Tax Increment Financing District to promote redevelopment within the Prairie View Shopping Center and surrounding areas; and WHEREAS, both the Village and School District #67 have further agreed because of the School District's dependency upon local real estate taxes, there is a possibility tax increment financing may disproportionately and negatively impact this elementary school district; and WHEREAS, the Village and School District #67 desire to promote and encourage economic growth within the school district and to share revenues resulting from sales transactions occurring in the TIF District which are within the School District's territory; and WHEREAS, pursuant to the Intergovernmental Agreement, the Village shall provide revenue to School District 467 in an amount equal to revenue arising from the imposition of home rule sales taxes within that part of the Prairie View TIF District which is also in School District 467, calculated as if home rule sales taxes were imposed at a tax rate of one - quarter of one percent but only to the extent that such revenue is actually paid by the State of Illinois or such other entity to the Village during the term of the Agreement; and NOW, THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village President is hereby authorized to execute an Intergovernmental Agreement in substantial conformity with the agreement attached hereto asx7ri%tEt A" with School District #67. SECTION 3: The Village Administrator and Director of Finance /Treasurer are hereby authorized to take such actions as are necessary including the distribution of funds as provided therein to fully implement and carry out the terms and conditions of the Intergovernmental Agreement. SECTION 4: This Resolution shall be in full force and effect from and after its passage and approval and publication in pamphlet form according to law PASSED this 11"' day of June 2012. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 11 "' day of June 2012. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office This 1 I `" day of June 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND GOLF SCHOOL DISTRICT 67 THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement "), entered into as of the 12th day of June, 2012, by and between the VILLAGE OF MORTON GROVE, Cook County, Illinois, a municipal corporation (the "pillage "), and GOLF SCHOOL DISTRICT 67, Cook County, Illinois (the "School District "). WITNESSETH: WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of local government and school districts to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; and WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1, provides that any power or powers, privileges or authority exercised or which may be exercised by a unit of local government and school district may be exercised and enjoyed jointly with any other unit of local government or school district; and WHEREAS, the Village has adopted Ordinance Nos. 12 -15, 12 -16 and 12 -17, adopting the Dempster /Waukegan Redevelopment Plan and Project (the "Redevelopment Plan"), formally designating the Dempster /Waukegan Redevelopment Project Area (the "TIF Area'), and authorizing the use of tax increment allocation financing within the Area, all pursuant to the Tax Increment Allocation Redevelopment Act, as amended, constituting Division 74.4 of Article I I of the Illinois Municipal Code (the "TIFAct "); and WHEREAS, the School District operates and maintains a public school system for grades kindergarten through eight, which serves properties incorporated into the TIP Area (the portion of the TIF Area, as such TIF Area may be amended from time to time, which overlaps with the territory of the School District is referred to herein as the "District 67 Sales Territory "), a plat of the District 67 Sales Territory identifying all the parcels is attached hereto and made a part hereof as Exhibit A; and WHEREAS, the Village and the School District (sometimes individually referred herein as a "Party" and collectively as the "Parties') desire to promote and encourage economic growth within the TIF Area and to share the revenues resulting from sales transactions occurring in the District 67 Sales Territory in a manner that will prove in the best interests of the residents of the Village and School District; and WHEREAS, the Parties have concluded that entering into this Agreement will promote the goals of the Redevelopment Plan, including a long -term increase in the property tax base of the taxing districts affected by the TIF Area; and WHEREAS, the Parties are authorized under the Constitution of the State of Illinois and the hntergovernmental Cooperation Act to enter this Agreement; NOW, THEREFORE, in consideration of the mutual covenants and undertakings hereinafter set forth, and in accordance with the authority as referenced above, the Parties hereto agree as follows: 1. INCORPORATION OF RECITALS. The foregoing recitals are hereby incorporated herein as if set forth verbatim. 2. PAYMENTS. The Village will pay to the School District the "District 67 Sales Tax Amount" (as defined below), at such times and in such manner as provided below. As of the date of this Agreement, the Village imposes the home rule municipal retailers' occupation tax pursuant to 65 ILCS 518 -11 -1 upon all persons en <gaged in the business of selling tangible personal property, other than an item of tangible personal property titled or registered with an agency of the state of Illinois' government, at retail in the Village at the rate of one percent (1.0 %) of the gross receipts from such sales made in the course of such business; and the Village imposes the home rule municipal service occupation tax pursuant to 65 ILCS 518 -11 -5 upon all persons engaged in the Village in the business of making sales of service at the rate of one percent (1.0 %) of the selling price of all tangible personal property transferred by said service persons as an incident to a sale of service. The home rule municipal retailers' occupation tax and home rule service occupation tax are collectively called the "Home Rule Sales Tax ". "District 67 Sales Tax Amount 11 means an amount equal to the revenues arising from the imposition of the Home Rule Sales Tax on persons and businesses located in the District 67 Sales Territory, calculated as if the Home Rule Sales Tax were imposed at a tax rate of one - quarter of one percent (0.25 %), but only to the extent such revenues are actually paid by the State of Illinois or other entity to the Village during the term of this Agreement. Within sixty (60) days after the end of each calendar quarter or partial calendar quarter failing within the term of this Agreement, the Village Finance Director will calculate the District 67 Sales Tax Amount for such quarter, and the Village will make payment in arrears to the School District of the District 67 Sales Tax Amount. Notwithstanding the foregoing, the District 67 Sales Tax Amount shall not be payable for the period falling between the execution of this Agreement and December 31, 2012. The School District acknowledges that the Village will have access to confidential information from the Illinois Department of Revenue to perform calculations of the District 67 Sales Tax Amount. To safeguard such information while facilitating independent review, the Board of Education of the School District shall designatea person with financial expertise to act as its agent to meet from time to time with the Village Finance Director to review such calculations. The School District's designee shall have access to all information necessary to verify the determination and calculation of the District 67 Sales Tax Amount. The School 2 District's agent shall execute any confidentiality agreements as may be required to protect against the unwarranted disclosure of such confidential information. The Village, in its sole discretion, shall have the right to pay the District 67 Sales Tax Amount from any revenue source of the Village lawfully available for that purpose. Without limiting the foregoing and solely as illustrative examples (the Village not being obligated to undertake any of the following actions), the Village retains the right in its sole discretion to change the rate at which the Village imposes the Home Rule Sales Taxes or establish a business development district ("Business District") overlapping all or part of the TIF Area, pursuant to Division 74.3 of Article l l of the Illinois Municipal Code. If the Village establishes the Business District, the Village may (but shall not be obligated to) impose a business district retailers' occupation tax and a business district service occupation tax in the Business District. The decisions from time to time taken by the Village to determine the sources of Village revenues shall have no bearing on the calculation of the District 67 Sates Tax Amount, The District 67 Sales Tax Amount shall not be reduced, limited, increased, augmented, modified, deferred or delayed for any reason (except as provided in this Agreement) and shall be paid regardless of (a) any increase or decrease in sales tax revenues within the District 67 Sales Territory after the date of this Agreement or (b) the existence of any agreements between the V/ Jla e and any owners, tenants or other parties with respect to rebating sales tax or similar business incentive agreements. This Agreement is not subject or subordinate to any third party agreements, and no person or entity is an intended third party beneficiary of this Agreement. 3. COVENANT TO COOPERATE. In recognition of the revenue to be provided to the School District, the School District agrees not to commence orjoin in any claims, suits, actions or other proceedings to object to the formation or boundaries of the TIF Area or Business Distric , the implementation of Projects in furtherance of the Redevelopment Plan or fire adoption of tax increment allocation financing to incentivize such Projects. Moreover, the School District agroes to be generally supportive of the TIF Area, Redevelopment Plan and Projects undertaken therein ( "TIF Projects "). Any press releases or public statements or materials disseminated by the School District shall not include any language which disparages the TIF Projects. This Section shall not be applicable to any verbal or written statements made by individual Board members. The School District shall have no affirmative obligation to make any verbal or written statements concerning the TIF Projects, except to clarify that any statements disparaging the TIF Projects made by an individual Board member do not in fact represent the positioln of the School District. 4. COMPLIANCE WITH THE TI>F ACT. Nothing in this Agreement shall obligate the Village to dissolve the TIF Area at some pre - determined point in time; however, nothing in this A(T eement shall waive any duty or requirement imposed by the TIF Act with respect to the use of "surplus funds" accumulated within the special fund for the TIF Area. In recognition of the revenue to be provided to the School District, the School District agrees that in any year in which surplus funds are distributed to the School District, the amount of the District 67 Sales Tax 3 Amount shall be reduced on a dollar for dollar basis by the amount of the surplus funds so received. 5. TERM. This Agreement shall be deemed dated and become effective on the date of execution by the appropriate officers of the effect until December 31, 2035, or any later Area, or until the corporate authorities of increment allocation financing in the TIF pursuant to the terms hereof. Village and the School district and shall continue in date as a result of an extension of the term of the TIF the Village adopt an ordinance declaring that tax Area is terminated or until otherwise terminated 6. DEFAULT. If either Party is in default, or breaches or fails to perform one or more of the representations, covenants, warranties or other terms of this Agreement to be performed, and such default, breach or failure is of an urgent and/or irreparable nature, the non - defaulting Party shall be entitled to pursue any and all remedies available at law or in equity, including injunctive relief. This Agreement may be terminated by a Party in the event of a material breach of the terms hereof by the other Party but only after notice has been given and efforts to resolve the Agreement pursuant to Section 7 have been attempted. 7. DISPUTE RESOLUTION. The Parties agree to address disagreements and disputes arising out of or related to this Agreement through the procedures set forth in this Section 7 before resorting to legal proceedings. Any Party claiming a breach of the terms hereof shall give written notice to the other Party specifying the nature of the default. If the Parties are unable to resolve the relevant issue in a manner that meets the interests of both Parties, the Parties agree to submit such disagreement or dispute identified in the notice specifying the default to a neutral independent mediator for non- binding mediation. The American Arbitration Association rules for mediation of commercial disputes shall govern such mediation unless other rules are mutually accepted. Either Party may initiate the request for mediation. The mediation proceeding shall be conducted in Chicago, Illinois and shallcommenee within ten days after the initiating Party initiates a request. The mediation shall not extend beyond two days unless the Parties otherwise agree in writing. Any agreement reached in mediation shall be reduced to writing and may be enforced in any court having jurisdiction thereof. of the Parties may commence litigation within sixty (60) days after demand for mediation. 8. NOTICES. All notices or communications provided for herein shall be in writing and shall be delivered to the Village or School District either in person or by United States mail, via certified mail, return receipt requested, postage prepaid, addressed to the Parties as follows: If to the Village: Village of Morton Grove 6101 Capulina Avenue Morton Grove, IL 60053 Attention: Village Administrator 11 If to the School District: Golf School District 67 9401 Waukegan Road .Morton Grove. IL 60029 Attention: Board President 9. ASSIGNMENT. This Agreement shall inure to the benefit of and be binding upon the Parties hereto, their respective successors and assigns. However, this Agreement shall not be assigned by either Party without the prior written consent of the other Party. 10. AUTHORITY. Each Party represents and covenants to the other that it has the full power and authority to enter into this Agreement and that said Party is in no way barred from entering into this Agreement pursuant to the terms and conditions of any other contractual obligation. 11. SEVERABILITY. If any tern or provision of this Agreement or the application thereof to any person or persons shall, to any extent, be invalid or unenforceable as finally determined by any court of competentjurisdiction, the remaining portions of this Agreement shall remain in full force and effect. 12. ENFORCEMENT. The failure of either Party thereto to enforce any of the provisions of this Agreement, or the waiver thereof in any instance, shall not be construed as a general waiver or relinquishment on its part of any such provision, but the same shall, nevertheless, be and remain in full force and effect. 13, APPLICABLE LAW, This Agreement and the rights of the Parties hereunder shall be interpreted and enforced in accordance with the laws of the State of Illinois. 14, EN'T'IRE AGREEMENT; AMENDMENTS. This Agreement sets forth the complete understanding between the Village and School District and may not be amended except by a written instrument duly authorized and signed by the Parties. [Rest of Page left Blank intentionally.) 5 IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed in duplicate originals, each signed copy constituting an original, by their respective authorized representatives and attested by their respective clerks and their seals affixed hereto, all as of the day and date first above set forth. VILLAGE OF MORTON GROVE By: Name: Title: Daniel J. Staaekmann Village President ATTEST: By: Narne: Tony S. Kalogerakos Title: Village Clerk BOARD OF EDUCATION OF GOLF SCHOOL DISTRICT 67 Bye: — Name: Title: Meryl Gate Board President ATTEST: By: Name: Louise Karlin Title: Secretary Legislative Summary Resolution 12-51 AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND SCHOOL DISTRICT 970 Introduced: June 11, 2012 Synopsis: To authorize the Village to enter into an Intergovernmental Agreement with School District 470 Purpose: To promote and encourage economic growth within the Prairie View TIP District and to provide additional revenue to the School District. I Background: The Village, after discussions with School District 970, agreed, because of the District's dependence upon local real estate taxes there may be a possibility tax increment financing may disproportionately and negatively impact the District. The Village has therefore agreed to an agreement that would provide revenue to the District from home rule sales taxes generated within that part of the Prairie View TIP District, which is also in the District, to be calculated as if home rule sales taxes were imposed at a tax rate of one - quarter of one percent but only to the extent such revenue is actually paid by the State of Illinois or such other entity to the Village during the term of the Agreement. Programs, Depts Legal, Finance, and Administrative Departments or Groups Affected Fiscal Impact: N/A Source of Funds: Non -TIF revenue. Workload Impact: The management and implementation of the agreement will be performed by the Legal. Finance, and Administrative Departments as part of their normal work activities. Administrator I Approval as presented. Recommendation: I Second Reading: Not required I Special Consider None or Requirements: Respectfully submitted: _ Prepared by: yan J. orne, Tillage Administrator Teresa nn Liston, Corporation Counsel AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND SCHOOL DISTRICT 970 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 1970 Illinois Constitution (Art. VII, Section 10) and the Illinois Compiled Statutes, Revised 1992, 5 ILCS 220/1 et seq., provide authority for intergovernmental cooperation including the establishment and enforcement of intergovernmental agreements; and WHEREAS, both the Village of Morton Grove and School District 470 have agreed it is in the best interest of the Village at large to establish a Tax Increment Financing District to promote redevelopment within the Prairie View Shopping Center and surrounding areas; and WHEREAS, both the Village and School District 470 have further agreed because of the School District's dependency upon local real estate taxes, there is a possibility tax increment financing may disproportionately and negatively impact this elementary school district; and WHEREAS, the Village and School District 970 desire to promote and encourage economic growth within the school district and to share revenues resulting from sales transactions occurring in the TIF District which are within the School District's territory; and WHEREAS, pursuant to the Intergovernmental Agreement, the Village shall provide revenue to School District 470 in an amount equal to revenue arising from the imposition of home rule sales taxes within that part of the Prairie View TIF District which is also in School District #70, calculated as if home rule sales taxes were imposed at a tax rate of one - quarter of one percent but only to the extent that such revenue is actually paid by the State of Illinois or such other entity to the Village during the term of the Agreement; and NOW, THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village President is hereby authorized to execute an Intergovernmental Agreement in substantial conformity with the agreement attached hereto as Exhi%t,`.`X! with School District 470. SECTION 3: The Village Administrator and Director of Finance /Treasurer are hereby authorized to take such actions as are necessary including the distribution of funds as provided therein to fully implement and carry out the terms and conditions of the Intergovernmental Agreement, SECTION 4: This Resolution shall be in full force and effect from and after its passage and approval and publication in pamphlet form according to law. PASSED this I I `h day of June 2012. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED by me this 11 'h day of June 2012. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office This I I"' day of June 2012. Tony S. Kalogerakos, Village Cleric Village of Morton Grove Cook County, Illinois INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF MOR'T'ON GROVE AND MORTON GROVE SCHOOL DISTRICT 70 THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement'), entered into as of the 12th day of .tune, 2012, by and between the VILLAGE OF MORTON GROVE, Cook County, Illinois, a municipal corporation (the "ViZLage "), and MORTON GROVE SCHOOL DISTRICT 70, Cook County, Illinois (the "School District'). WITNESSETH: WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of local government and school districts to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; and WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1, provides that any power or powers, privileges or authority exercised or which may be exercised by a unit of local government and school district may be exercised and enjoyed jointly with any other unit of local government or school district; and WHEREAS, the Village has adopted Ordinance Nos. 12 -15, 12 -16 and 12 -17, adopting the Dempster /Waukegan Redevelopment Plan and Project (the "Redevelopment Plan "), formally designating the Dempster /Waukegan Redevelopment Project Area (the "TIF Area'), and authorizing the use of tax increment allocation financing within the Area, all pursuant to the Tax hicrement Allocation Redevelopment Act, as amended, constituting Division 74.4 of Article I I of the Illinois Municipal Code (the "TIFAct "); and WHEREAS, the School District operates and maintains a public school system for grades kindergarten through eight, which serves properties incorporated into the TIF Area (the portion of the TIF Area, as such TIF Area may be amended from time to time, which overlaps with the territory of the School District is referred to herein as the "District 70 Sales Territory "), a plat of the District 70 Sales Territory identifying all the parcels is attached hereto and made a part hereof as Exhibit A; and WHEREAS, the Village and the School District (sometimes individually referred herein as a "Parry" and collectively as the "Parties ") desire to promote and encourage economic growth within the TIF Area and to share the revenues resulting from sales transactions occurring in the District 70 Sales Territory in a manner that will prove in the best interests of the residents of the Village and School District; and WHEREAS, the Parties have concluded that entering into this Agreement will promote the goals of the Redevelopment Plan, including a long -term increase in the property tax base of the taxing districts affected by the TIF Area; and WHEREAS, the Parties are authorized under the Constitution of the State of Illinois and the Intergovernmental Cooperation Act to enter this Agreement; NOW, THEREFORE, in consideration of the mutual covenants and undertakings hereinafter set forth, and in accordance with the authority as referenced above, the Parties hereto agree as follows: 1. INCORPORATION OF RECITALS. The foregoing recitals are hereby incorporated herein as if set forth verbatim. 2. PAYMENTS. The Village will pay to the School District the "District 70 Sales Tax Amount" (as defined below), at such times and in such manner as provided below. As of the date of this Agreement, the Village imposes the home rule municipal retailers' occupation tax pursuant to 65 ILLS 518 -11 -1 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 the state of Illinois' government, at retail in the Village at the rate of one percent (1.0 %) of the gross receipts from such sales made in the course of such business; and the Village imposes the home rule municipal service occupation tax pursuant to 65 ILCS 518 -11 -5 upon all persons engaged in the Village in the business of making sales of service at the rate of one percent (1.0 %) of the selling price of all tangible personal property transferred by said service persons as an incident to a sale of service. The home rule municipal retailers' occupation tax and home rule service occupation tax are collectively called the "Home Rule Sales Tax ". "District 70 Sales T'ax Amount" means an amount equal to the revenues arising from the imposition of the Home Rule Sales Tax on persons and businesses located in the District 70 Sales Territory, calculated as if the Home Rule Sales Tax were imposed at a tax rate of one - quarter of one percent (0.25 %), but only to the extent such revenues are actually paid by the State of Illinois or other entity to the Village during the term of this Agreement. Within sixty (60) days after the end of each calendar quarter or partial calendar quarter falling within the term of this Agreement., the Village Finance Director will calculate the District 70 Sales Tax Amount for such quarter, and the Village will make payment in arrears to the School District of the District 70 Sales Tax Amount. Notwithstanding the foregoing, the District 70 Sales Tax Amount shall not be payable for the period falling between the execution of this Agreement and December 31, 2012. The School District acknowledges that the Village will have access to confidential information from the Illinois Department: of Revenue to perform calculations of the District 70 Sales Tax Amount. To safeguard such information while facilitating independent review, the Board of Education of the School District shall designate a person with financial expertise to act as its agent to meet from time to time with the Village Finance Director to review such calculations. The School District's designee shall have access to all information necessary to verify the determination, and calculation of the District 70 Sales Tax Amount. The School 2 District's agent shall execute any confidentiality agreements as may be required to protect against the unwarranted disclosure of such confidential information. The Village, in its sole discretion, shall have the right to pay the District 70 Sales Tax Amount from any revenue source of the Village lawfully available for that purpose. Without limiting the foregoing and solely as illustrative examples (the Village not being obligated to undertake any of the following actions), the Village retains the right in its sole discretion to change the rate at which the Village imposes the Home Rule Sates Taxes or establish a business development district (" Business District ") overlapping all or part of the TIF Area, pursuant to Division 74.3 of Article I I of the Illinois Municipal Code. If the Village establishes the Business District, the Village may (but shall not be obligated to) impose a business district retailers' occupation tax and a business district service occupation tax in the Business District. The decisions from time to time taken by the Village to determine the sources of Village revenues shalt have no bearing on the calculation of the District 70 Sales Tax Amount. The District 70 Sales Tax Amount shall not be reduced, limited, increased, augmented, modified, deferred or delayed for any reason (except as provided in this Agreement) and shall be paid regardless of (a) any increase or decrease in sales tax revenues within the District 70 Sales Territory after the date of this Agreement or (b) the existence of any agreements between the Village and any owners, tenants or other parties with respect to rebating sales tax or similar business incentive agreements. This Agreement is not subject or subordinate to any third party agreements, and no person or entity is an intended third party beneficiary of this Agreement. 3. COVENANT TO COOPERATE. In recognition of the revenue to be provided to the School District, the School District agrees not to commence or join in any claims, suits, actions or other proceedings to object to the formation or boundaries of the TIF Area or Business District, the implementation of Projects in furtherance of the Redevelopment Plan or the adoption of tax increment allocation financing to incentivize such Projects. Moreover, the School District agrees to be generally supportive of the TIF Area, Redevelopment Plan and Projects undertaken therein ( "TIF Projects "). Any press releases or public statements or materials disseminated by the School District shall not include any language which disparages the TIF Projects. This Section shall not be applicable to any verbal or written statements made by individual Board members. The School District shall have no affirmative obligation to make any verbal or written statements concerning the TIF Projects, except to clarify that any statements disparaging the TIF Projects made by an individual Board member do not in fact represent the position of the School District. 4. COMPLIANCE WITH THE TIE ACT. Nothing in this Agreement shall obligate the Village to dissolve the TIF Area at some pre - determined point in time; however, nothing in this Agreement shall waive any duty or requirement imposed by the "TIF Act with respect to the use of "surplus funds" accumulated within the special fund for the TIF Area. In recognition of the revenue to be provided to the School District, the School District agrees that in any year in which surplus funds are distributed to the School District, the amount of the District 70 Sales Tax 3 Amount shall be reduced on a dollar for dollar basis by the amount of the surplus funds so received. 5. TERM. This Agreement shall be deemed dated and become effective on the date of execution by the appropriate officers of the Village and the School district and shall continue in effect until December 31, 2035, or any later date as a result of an extension of the term of the TIF Area, or until the corporate authorities of the Village adopt an ordinance declaring that tax increment allocation financing in the TIF Area is terminated or until otherwise terminated pursuant to the terms hereof. 6. DEFAULT. If either Party is in default, or breaches or fails to perform one or more of the representations, covenants, warranties or other terins of this Agreement to be performed, and such default, breach or failure is of an urgent and/or irreparable nature, the non- defaulting Party shall be entitled to pursue any and all remedies available at law or in equity, including injunctive relief. This Agreement may be terminated by a Party in the event of a material breach of the terms hereof by the other Party but only after notice has been given and efforts to resolve the Agreement pursuant to Section 7 have been attempted. 7. DISPUTE RESOLUTION. The Parties agree to address disagreements and disputes arising out of or related to this Agreement through the procedures set forth in this Section 7 before resorting to legal proceedings. Any Party claiming a breach of the terms hereof shall give written notice to the other Party specifying; the nature of the default. If the Parties are unable to resolve the relevant issue in a manner that meets the interests of both Parties, the Parties agree to submit such disagreement or dispute identified in the notice specifying the default to a neutral independent mediator for non - binding mediation. The American Arbitration Association rules for mediation of commercial disputes shall govern such mediation unless other rules are mutually accepted. Either Party may initiate the request for mediation. The mediation proceeding shall be conducted in Chicago, Illinois and shall commence within ten days after the initiating Party initiates a request. The mediation shall not extend beyond two days unless the Parties otherwise agree in writing. Any agreement reached in mediation shall be reduced to writing and may be enforced in any court having jurisdiction thereof. Either of the Parties may commence litigation within sixty (60) days after demand for mediation. 8. NOTICES. All notices or communications provided for herein shall be in writing and shall be delivered to the Village or School District either in person or by United States mail, via certified mail, return receipt requested, postage prepaid, addressed to the Parties as follows: If to the Village: Village of Morton Grove 6101 Capulina Avenue Morton Grove, IL 60053 Attention: Village Administrator S If to the School District: Morton Grove School District 70 6200 Lake Street Morton Grove, IL 60053 Attention: Board President 9. ASSIGNMENT. This Agreement shall inure ' to the benefit of and be binding upon the Parties hereto, their respective successes and assigns. However, this Agreement shall not be assigned by either Party without the prior written consent of the other Party. 10. AIJT IORITV. Each Party represents and covenants to the other that it has the full power and authority to enter into this Agreement and that said Party is in no way barred from entering into this Agreement pursuant to the terms and conditions of any other contractual obligation. 11. SEVERABILITV. If any term or provision of this Agreement or the application thereof to any person or persons shall, to any extent, be invalid or unenforceable as finally determined by any court of competentjurisdiction, the remaining portions of this Agreement shall remain in full force and effect. 12. ENFORCEMENT. The failure of either Party thereto to enforce any of the provisions of this Agreement, or the waiver thereof in any instvrce, shall not be construed as a general waiver or relinquishment on its part of any such provision, but the same shall, nevertheless, be and remain in full force and effect. 13. APPLICABLE LAW. This Agreement and the rights of the Parties hereunder shall be interpreted and enforced in accordance with the laws of the State of Illinois. 14. ENTIRE AGREEMENT; AMENDMENTS. This Agreement sets forth the complete understanding between the Village and School District and may not be amended except by a written instrument duly authorized and signed by the Parties. jRest of Page left blank intentionally.j 5 IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed in duplicate originals, each signed copy constituting an original, by their respective authorized representatives and attested by their respective clerics and their seals affixed hereto, all as of the day and date first above set forth. VILLAGE OF MORTON GROVE Bv: Name: Title: Daniel J. Staackmann Village President ATTEST: By: Name: Title: Tony S. Kalogerakos Village Clerk BOARD OF EDUCATION OF MORTON GROVE SCHOOL DISTRICT 70 By: Name: Tony Hofeld Title: Board President ATTEST: By: Name: ,Janet Lombardo Title: Secretary 6 Leaislative Summary Ordinance 12 -19 AMENDING TITLE 5, CHAPTER 13, ARTICLE G, SECTION 5- 13G -1, "SNOW ROUTES" OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE Introduced: May 14, 2012 Synopsis: This ordinance will amend Title 5, Chapter 13, Article G, Section- 13G -1, of the Municipal Code establishing designated snow routes throughout the Village. Purpose: To add Kirk Street from Lehigh Avenue to Nagle Avenue to the list of designated snow routes as shown in Title 5. Chapter 13, Article G of the Municipal Code. Background: Snow and ice removal is difficult along this section of Kirk Street due to the amount of parked vehicles along with a large volume of truck and vehicle traffic. Designating Kirk Street a snow route will greatly enhance snow removal operations. Programs, Departments Public Works and Police Departments or Groups Affected Fiscal Impact: 5150.00 Source of Funds: i General Fund Workload Impact: Signage will be installed by the Street Department with enforcement conducted by the Police Department Administrator Approval as presented Recommendation: Second reading: Required — Code Book Change — Second Reading .tune 11, 2012 Special Considerations or None Requirements: Respectfully submitted: Prepared by Pu lic Work Reviewed bv: / l ti 3% Andy Monte, bs Director Teresa Hoffman Li of , Corporation Counsel i'" ` ' JA AMENDING TITLE 5, CHAPTER 135 ARTICLE G, SECTION 5- 13G4; "SNOW ROUTES" OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Public Works Department as one of its functions routinely reviews signage throughout the Village in order ensure ordinances accurately reflect the needs of the community; and WHEREAS, snow and ice removal is difficult along this section of Kirk Street due to the amount of parked vehicles and the large volume of truck and vehicle traffic; and WHEREAS, staff recommends the designation of Kirk Street as a snow route in order to enhance its snow removal operations; and WHEREAS. the Village Board of Trustees believes the best interest of the Village of Morton Grove will be served by concurring with the preceding recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 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: The following provision be added to the existing Municipal Code, Title 5, Chapter 13, Article G, Section 5- 13G -1, of the Municipal Code establishing designated snow routes, and shall read as follows: 5- 13G -1: SNOW ROUTE STREETS: The following streets are hereby designated as snow route streets and parking thereon shall be prohibited after one inch (1 ") snowfall until such time as snow removal operations shall be completed: Kirk Street between Lehigh Avenue and Nagle Avenue SECTION 3: The Director of Public Works is hereby authorized and directed to erect such signs as detailed in this Ordinance. SECTION 4: This ordinance shall be in full force and effect upon its approval and publication. PASSED this 11`x' day of June 2012. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this I1`� day of June 2012. Daniel S. Staaekmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 11 m day of June 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois L,ecrislafive Summary r ORDINANCE I2 -20 AMENDING TITLE 55 C14APTER13, ARTICLE F, SECTION 2 ENTITLED "NO PARKING DURING CERTAIN HOURS" AND TITLE 5, CHAPTER 13, ARTICLE F, SECTION 3 ENTITLED "TIME LIMIT PARKING ZONES" OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE Introduced Objective Purpose Background Programs, Departs or Groups Affected Fiscal Impact Source of Funds Workload Impact Admin Recommend Second Reading Special Considerations or Requirements Respectfully submitted: May 14, 2012 To amend Title 5, Chapter 13, Article F, Section 2 Entitled "No Parking During Certain Hours" and Title 5, Chapter 13, Article F, Section 3 Entitled "Time Limit Parking Zones" of the Municipal Code To change the parking restrictions on Oriole Avenue to have the parking restrictions coincide with Melzer School business hours to facilitate the school's arrival and departure procedures, and to correct a technical deficiency associated with this change. The Traffic Safety Commission received a request from the principal at Melzer School asking the Village to amend the parking restrictions on Oriole Avenue, between Lyons Street and Wilson Terrace, to be in effect from 8:30 am to 4:00 pm. There are signs posted restricting parking on both sides of Oriole Avenue between Lyons Street and Emerson Street - Monday through Friday between the hours of 8:00 a.m. to 9:00 a.m. and 2 p.m. to 3:30 p.m. However, this restriction is not codified in the Municipal Code. The timing of the school's request follows a change in the school's hours of operation. The Traffic Safety Commission recommends the Village amend the parking restrictions to prohibit parking on Oriole Avenue between Lyons Street and Emerson Street from 8:45 a.m. to 9:30 a.m. and from 3:00 p.m. to 4:00 p.m. The principal at Melzer School supports the Traffic Safety Commission's recommendation. Staff further recommends to amend the codified limits of a Fifteen Minute Parking restriction affected by this change to match the Iimits posted in the field. Public Works, Engineering Division $100 General Fund Account Number 025017 - 563130 The Public Works Department, Engineering Division, as part of their normal work activities. Approval as presented. Required — Municipal Code Change N/A &7-7� Q ' Reviewed by: Ryan 'HorneAlillage Administrator Prepared by: Reviewed b Chris Tomich, Village Engineer Public Works Liston, Corporation Counsel 1. AMENDING TITLE 5, CHAPTER 13, ARTICLE F, SECTION 2 ENTITLED "NO PARKING DURING CERTAIN HOURS" AND TITLE 5, CHAPTER 13, ARTICLE F, SECTION 3 ENTITLED "TIME LIMIT PARKING ZONES" OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois. can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village established the Traffic Safety Commission to receive, review, and present recommendations to the President and Board of Trustees regarding requests or inquiries on matters involving traffic safety, including requests for installation of traffic control devices; and WHEREAS, the Traffic Safety Commission received a request to amend the parking restrictions on Oriole Avenue, between Lyons Street and Wilson Terrace, to be in effect from 8:30 am to 4:00 pm; and WHEREAS, the Traffic Safety Commission, at its regularly scheduled meeting at 7:30 pm on May 3, 2012, at the Richard T. Flickinger Municipal Center, considered the above referenced request; and WHEREAS, notifications of the meetings were sent to residents in the area: and WHEREAS, the purpose is to have the parking restrictions coincide with Melzer School business hours to facilitate the schooI`s arrival and departure procedures; and WHEREAS, there are signs posted restricting parking on both sides of Oriole Avenue between Lyons Street and Emerson Street on Monday through Friday between the hours of 8:00 a.m. to 9:00 a.m. and 2 p.m. to 3:30 p.m., but this restriction is not codified in the Municipal Code; and WHEREAS, the Traffic Safety Commission recommends the Village amend the parking restrictions to prohibit parking on Oriole Avenue between Lyons Street and Emerson Street from 8:45 a.m. to 9:30 a.m. and from 3:00 p.m. to 4:00 p.m.; and WHEREAS, there is a Fifteen Minute Parking restriction posted on the east side of Oriole Avenue between Emerson Street and Wilson Terrace which is effective 8 a.m. to 3:30 p.m., Monday through Friday; and WHEREAS, the Municipal Code has a Fifteen Minute Parking restriction, on the east side of Oriole Avenue between Lyons Street and Wilson Terrace which is effective 8 a.m. to 3:30 p.m,, Monday through Friday; and WHEREAS, the limits of the posted signage do not match the limits in the Municipal Code; and WHEREAS, this condition has existed for several years, and staff is not aware of complaints from residents or Melzer School which are related to this technical deficiency; and WHEREAS, staff therefore recommends correcting this technical deficiency by amending the Municipal Code to match the limits of the Fifteen Minute Parking restriction as posted. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 5, Chapter 13, Article F, Section 2 Entitled "No Parking During Certain Hours" of the Municipal Code is hereby amended to add the following restriction: 5- 13F -2: NO PARKING DURING CERTAIN FIOURS: There shall be no parking at the times listed below on any of the following streets; and the Director of Public Works or his designee shall place "no parking" signs in or at suitable places within the no parking zones herein established which specify the parking restrictions herein established: Street Between Oriole Avenue Lyons Street and Emerson Street Side of Street Dav and Time Both Monday through Friday from 8:45 A.M. to 9:30 A.M. and 3:00 P.M. to 4:00 P.M. SECTION 3: Title 5, Chapter 13, Article F, Section 3.E Entitled "Time Limit Parking Zones: Fifteen Minute Parking" of the Municipal Code is hereby amended to delete the following restriction: 5- 13F -3.E: TIME LIMIT PARKING ZONES: FIFTEEN MINUTE PARKING: There shall be a time limit on parking on the following streets and at the following times within the zone specified herein and the director of public works shall place "Limited Parking" signs in or at suitable places within the limited parking zones herein established which shall specify the parking restrictions herein established: Street Between Side of Street Dav and Time Oriole Avenue Lyons Street and Wilson East 8:00 A.M. to 3:30 P.M. Terrace Monday through Friday SECTION 4: Title 5, Chapter 13, Article F, Section 31 Entitled "Time Limit Parking Zones: Fifteen Minute Parking" of the Municipal Code is hereby amended to add the following restriction: 13F -3.E: TIME LIMIT PARKING ZONES: FIFTEEN MINUTE PARKING: There shall be a time limit on parking on the following streets and at the following times within the zone specified herein and the director of public works shall place "Limited Parking" signs in or at suitable places within the limited parking zones herein established which shall specify the parking restrictions herein established: Street Between Side of Street Dav and Time Oriole Avenue Emerson Street and Wilson East 8:00 A.M. to 3:30 P.M. Terrace Monday through Friday SECTION 5: The Director of Public Works and/or his designee is hereby authorized and directed to remove any conflicting signs and erect such signs as detailed in this Ordinance. SECTION 6: This ordinance shall be communicated to residents adjacent to the parking restrictions via a letter, which shall be received as evidence of the passage and legal publication of this Ordinance. SECTION 7: This ordinance shall be in full force and effect upon its approval and publication. PASSED THIS I I th day of June 2012 Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus "Trustee Thill Trustee Toth APPROVED BY ME THIS 1 Ith day of June 2012 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 12th day of June 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County. Illinois Legislative Summary — Ordinance 12-21. _ ACCEPTING AN EASEMENT AND THE PUBLIC IMPROVEMENTS WITHIN THE HOMESTEAD OF MORTON GROVE DEVELOPMENT Introduced Mav 14, 2012 Objective To accept public improvements and easement associated with Homestead of Morton Grove development as ownership by the Village of Morton Grove Purpose To gain the ownership of the existing and newly constructed elements along Lincohr Avenue near the Homestead of Morton Grove development and to gain the right to access those facilities on privately -owned property. Background Ordinance 10 -20 granted a special use permit to construct and operate a senior independent living residential facility commonly known as the Homestead of Morton Grove at 6400 Lincoln Avenue. The Village maintains the adjacent section of Lincoln Avenue. The Village required the developer to construct sidewalk, a roadway drainage system and a street lighting system to conform to the Village's development requirements. It was determined the land where the required public improvements needed to be located would be on the Homestead of Morton Grove property. Incorporating these public improvements into the jurisdiction of Lincoln Avenue is in the Village's best interest. A survey of an easement is depicted on the Plat of Easement for the Homestead of Morton Grove; prepared for Essex Corporation by Spaceeo inc. dated November 14, 2011, is attached as Exhibit "A ". The public improvements have been constructed according to the plans and specifications approved by the Village's Building i and Public Works Departments. Programs, Departs Public Works, Engineering Division or Groups Affected Fiscal Impact $0 Source of Funds N/A Workload Impact The Public Works Department, Engineering Division, as part of their normal work activities. Admin Recommend Approval as presented. Second Reading Required - Municipal Code Change -June 11, 2012 Special N/A Considerations or i Requirements Respectfully submitted: _ Reviewed by://� Ryan . Horne, Village Administrator }, Prepared by:- -- Reviewed by: Chris Tomich, Village Engineer Teresa of Public Works Corporation Counsel ACCEPTING AN EASEMENT AND THE PUBLIC IMPROVEMENTS WITHIN THE HOMESTEAD OF MORTON GROVE DEVELOPMENT WI3EREAS, the Village of Mot-ton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, Ordinance 10 -20 granted a special use permit to construct and operate a senior independent living residential facility within the Village of Morton Grove to the Homestead ofMorton Grove, LLC, constructed at 6400 Lincoln Avenue; and WHEREAS, the Village provides public services on the adjacent section of Lincoln Avenue to facilitate the free flow of traffic and ensure the safety of the motoring public; and WHEREAS, the Village required the Homestead of Morton Grove, LLC to construct public improvements on Lincoln Avenue, including sidewalks, a roadway drainage system, and a street I ighting system, all conforming to the Village's development requirements; and WHEREAS, it was determined the land where certain public improvements needed to be located would 'oe on private property owned by the Homestead of Morton Grove. LLC: and WHEREAS, incorporating these public improvements constructed by the Homestead of Morton Grove, LLC for this private development into the jurisdiction of Lincoln Avenue is in the Village's best interest; and WHEREAS, a survey of the easement is depicted on the Plat of Easement for the Homestead o; Morton Grove, prepared for Essex Corporation by Spaceco. Inc. dated November 14, 2011, which is attached hereto as Exhibit "A "; and WHEREAS, the public improvements have been constructed according to the plans and specifications approved by the Village's Building and Public Works Departments; and WHEREAS, the Homestead of Morton Grove is substantially completed; and WHEREAS, Village staff has recommended said public improvements and easements be accepted by the Corporate Authorities. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION l: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The public improvements and easements as set forth in Exhibit "A" are hereby accepted as ownership by the Village of Morton Grove subiect to the code requirements and regulations of the Village of Morton Grove. SECTION 3: The Village Administrator or his designee is authorized to take all steps necessary to release all performance guarantees on behalf of the Village when appropriate. SECTION 4: This Ordinance shall be in full force and effect upon its passage and approval. PASSED THIS 11 " day of June 2012 Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS 11'6 day of June 2012 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED AND FILED in my office This 12`� day of June 2012. Tony S. Kaiogerakos, Village Clerk Village of Morton Grove Cook County, Illinois f \ IT If 11 OF ;& OR LOT II a§ y PLAT OF EASEMENT i11 t MICAT IF "'III Ili IS IT SINT NOLL NOT =FM IF IS 11 11 1.1 LO'S NOSTALL1111 N A 11 IT AI CLASS 5�r LOT ILI OFF OF IT I 1�'gTCTFFTCCCTS%Mit,.,� TON, 4, r,r... .wMt.,,.aw r.. r,m.er,. SAM Ili LINK� \ 11 11 AT ArK IF ID A , A - o..CEE 6AE \ 5 = 4! v gaff \ F '^ SO I r rP� AWL OF AyF \ \\ p WT /g 40 OIL Ol pi DOCIA IS 1 13 �A G AT AM OF OFF 1. 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FAST IAMIF FACTELF, AM NA All I 1 00 10 'I EIF E it IF "MOCALL It =Im 11 li 11 TO OF N 1 .5 IS CASTALTRII FAA .1 AIR CASES KORNAI N MOSS PLUNIF 11 111 0 It AS' FEW I �I SO IM OFF OF CONNOWT 11 64 ITATTATICAM FICTO MIN .�� OF Ili I STIFF i OF ACT 'AACCAL NO AN 'I ill AM ='.I CCITT ISLAMIC r `LI ILM, AT ILI SAM aw ITT Alli I 1 00 10 'I EIF E it IF "MOCALL It =Im 11 li 11 TO OF N 1 .5 IS CASTALTRII FAA .1 AIR CASES KORNAI N MOSS PLUNIF 11 111 0 It AS' FEW I �I SO IM OFF OF CONNOWT 11 64 ITATTATICAM FICTO MIN .�� OF Ili I STIFF i OF ACT 'AACCAL NO AN 'I ill AM ='.I CCITT ISLAMIC r `LI Introduced: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Special Consider or Requirements: Respectfully submitted Legislative Summary Resolution I2 -47 AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE NELS J. JOHNSON TREE EXPERTS, INC. FOR THE 2012 TREE TRIMMING PROGRAM June 11, 2012 To authorize the Village President to execute a contract with Nels J. Johnson Tree Experts, Inc. for the 2012 Tree Trimming Program. The annual tree trimming program is necessary to maintain the quality and health of the trees in the Village. Each year the Village contracts with a tree trimming contractor to assist in the maintenance of trees within defined areas of the Village. The bidding procedures for this contract conform to the Village's purchasing requirements. Public Works Engineering Division $29,534.00 General Revenue; Acct, No. 025017 - 552250. The Public Works Department, as part of their normal work activities, performs the management and implementation of the program. Approval as presented. None. Ryan .l. W41`ne, Village Administrator Prepared by: °� - r — r� Reviewed by: Chris Tomich, Village Engineer Reviewed by:���' Teresa Hoffinan List6n�C6rporation Counsel 1220 d , , dy DeMonte, Director of Public Works RESOLUTION 12 -47 AUTHORIZING THE EXECUTION OF A CONTRACT WITH NELS J. JOHNSON TREE EXPERTS, INC. FOR THE 2011 TREE TRIMMING PROGRAM WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the 2012 Tree Trimming Program is necessary to maintain the quality and health of the trees in the Village; and WHEREAS, the Public Works Department advertised in the May 10, 2012, issue of the Pioneer Press Newspaper inviting bids on the "2012 Tree Trimming Program"; and WHEREAS, contractors were notified of the availability of bidding materials and ten contractors obtained the bidding materials; and WHEREAS, four bids were received, publicly opened, and read at the Public Works Facility at 10:00 a.m. on Friday, June 1, 2012, with the bid results as follows: ; and Contractor Total Nels J. Johnson Tree Experts, Inc. $29,534.00 Autumn Tree Care Experts, Inc. $31,145.00 Winkler's Tree & Landscaping, Inc. $61,025.00 Landscape Concepts Management $82,835.00 (See attached "Tabulation of Bids" for additional details.) WHEREAS, Village of Morton Grove 2012 Budget provides $35,000 for tree trimming work in Account Number 025017 - 552250; and WHEREAS, the low bidder has met all requirements of bidders; and WHEREAS, the qualifications and availability of the low bidder have been verified. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Corporate Authorities do hereby approve the low bid of Nels J. Johnson Tree Experts, Inc. of 912 Pitner Avenue, Evanston Illinois to complete the Village's 2012 Tree Trimming Program. SECTION 3: The Village President is authorized to execute and the Village Clerk to attest a contract for 2012 Tree Trimming Program with Nels J. Johnson Tree Experts, Inc. in the amount of 529,534.00. SECTION 4: This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS l I th DAY OF JUNE 2012 Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thitl Toth APPROVED BY ME THIS I I" DAY OF JUNE 2012 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 12`x' DAY OF JUNE 2012 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois \ \} )/ {/ ©!K§ » � M0 00 ()\ (())) )\ Legislative Summary ,— �— Resolution I2 -48 AUTHORIZATION TO EXECUTE A ­­TASK WITH CIORBA GROUP, INC. FOR PRELIMINARY ENGINEERING SERVICES FOR AUSTIN AVENUE IMPROVEMENTS BETWEEN OAKTON STREET AND LINCOLN AVENUE Introduced: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Special Consider or Requirements: Respectfully submitted: June I I, 2012 To initiate preliminary engineering for making construction improvement to Austin Avenue from Oakton Street to Lincoln Avenue. The Village needs to begin the planning process to rehabilitate the pavement and public utilities on Austin Avenue from Oakton Streetto Lincoln Avenue. The pavement is deteriorating. It is reasonably difficult to move large trucks through the intersection of Austin and Oakton because of tight corners. The Public Works Department is concerned about the condition of the sanitary sewer along Oakton west of Austin. The combined sewer along Austin from Oakton to Cleveland should be separated while the pavement on Austin is rehabilitated. A conceptual project cost estimate for the scope of work described above is between $2,300,000 and $3,000,000. The southern leg of the intersection of Austin Avenue and Oakton Street lies within the Village of Skokie. Village staff believes Skokie is willing to share the cost for improvements to the intersection of Austin and Oakton. It is in the Village's best interest to accept the role of the lead agency for intersection improvements at the intersection of Austin Avenue and Oakton Street. Austin Avenue is an eligible route to receive federal funding for 80% of the design engineering, construction and construction engineering costs. The North Shore Council of Mayors intends to issue a call for projects in September 2012 to program Federal Surface Transportation Program (STP) funding. The scope of the improvements exceeds the expertise and capacity of Village staff to perform preliminary engineering. Village staff has negotiated a scope of work with Ciorba Group, Inc. to provide preliminary engineering services for these improvements. Preliminary engineering is expected to take 12 months and 18 months to complete. Public Works Engineering Division $123,872.71 2012 Adopted Budget Capital Projects Fund Account Number 305060 - 552140 includes an allocation of $80,000. Staff estimates there is sufficient surplus in the Capital Projects Fund to cover the amount of the engineering fee that exceeds the budgeted amount. The management and supervision of this contract will be performed by the Engineering Division of Public Works as part of their normal operations. Approval as presented. None. '4 Reviewed b RyKJI ru e, Village Administrator Teresa Hoffman Prepared by: Chris Tomich, Village Engineer Reviewed by: Counsel DeMonte, Director of Public Works AUTHORIZATION TO EXECUTE A TASK ORDER WITH CIORBA GROUP, INC. FOR PRELIMINARY ENGINEERING SERVICES FOR AUSTIN AVENUE IMPROVEMENTS BETWEEN OAKTON STREET AND LINCOLN AVENUE WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is ahonic rule unit of goverment under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt: and WHEREAS, the condition of the pavement on Austin Avenue from Oakton Street to Lincoln Avenue has deteriorated in the past several years despite the replacement of the pavement surface in 2008; and WHEREAS, it is unreasonably difficult for the many large trucks moving through the intersection of Austin Avenue and Oakton Street because the corers of the intersection do not accommodate turning trucks; and WHEREAS, the condition and design of the sanitary sewer along Oakton Street from Lehigh Avenue to Austin Avenue is suspected to be inadequate for future use; and WHEREAS, it is desirable to separate the combined sewer along Austin Avenue from Oakton Street to Cleveland Street into a storm sewer and sanitary sewer and practical to include with pavement improvements to Austin Avenue: and WHEREAS, a conceptual project cost estimate for the scope of work described above is between $2,300,000 and $3,000,000; and WHEREAS, Austin Avenue is an eligible route to receive federal funding for design engineering, construction and construction engineering; and WHEREAS, the southern leg of the intersection of Austin Avenue and Oakton Street lies within the Village of Skokie; and WHEREAS, Village staff have obtained informal support from the Village of Skokie staff for improvements to the intersection of Austin Avenue and Oakton Street; and WHEREAS, it is in the Village's best interest to accept the role of the lead agency for intersection improvements at the intersection of Austin Avenue and Oakton Street; and WHEREAS, the North Shore Council of Mayors intends to issue a call for projects in September 2012 to program federal Surface Transportation Program (STP) funding; and WHEREAS, the scope of the improvements exceeds the expertise and capacity of Village staff to perform preliminary engineering; and WHEREAS, Village staff has negotiated a scope of work with Ciorba Group, Inc. identified in Exhibit "A' valued at $123,872.71 to provide preliminary engineering services for these improvements; and WHEREAS, preliminary engineering is expected to have a duration between 12 months and IS months; and WHEREAS, the 2012 Adopted Budget contains an allocation of $80,000 in the Capital Projects Fund Account 305060-552140; and WHEREAS, the 2012 Adopted Budget contains an allocation of $4,263,000 in the Capital Projects Fund-,and WHEREAS, Village staff estimates the amount of obligated funds in the Capital Projects Fund to be less than $3,900,000; and WHEREAS, the Capital Projects fund has the sufficient surplus to cover the unbudgeted balance of the fee for preliminary engineering services. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Corporate Authorities accept the negotiated proposal of Ciorba Group, Inc. to provide preliminary engineering services for the construction contract for the "Austin Avenue Preliminary Engineering" in the not -to- exceed amount of $123,872.71. SECTION 3: The Village Engineer is hereby authorized to execute a task order in aform acceptable to the Village Attorney with Ciorba Group, Inc. for preliminary engineering services for a study area on Austin Avenue from Oakton Street to Lincoln Avenue and on Oakton Street from Lehigh Avenue to Austin Avenue. SECTION 4: This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 1 I °i DAY OF JUNE 2012 Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Great Marcus Thill Toth APPROVED BY ME THIS 11th DAY OF JUNE 2012 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 12th DAY OF JUNE 2012 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Exhibit "A" DBE DROP BOX F.rf"i./lC67A GROUP' E Consulting Engineers Cost Estimatevi Consultant Services Fwm Clothe Group Inc I Date aired Labor MUlflplo) 05/09112 Clicn: Morton Grove (C( $7535 $765.00 $1.035.00 $255.56 825556 $255.56 5255,56 $255.56 $255.56 $255.66 $255.56 $255.56 (D) County Austin Avenue Overhead Rate 130.56% Job No 20072 02 Complexity Factor 0 DBE DROP BOX ITEM MANHOURS PAYROLL DIRECT COSTS SERVICES BY OTHERS TOTAL % GRAND TOTAL MeetingS, Data Collection & Coordination Topographic Survey Water Resources Traffic Studies at Austin /Lincoln Intersectio Traffic Studies at Austin /Oathon Intersectio Environmental Studies Geometric Studies Bic Cie Technical Memo Crash Analysis Project Development Re oh (PDR) Pavement Analysis &Design Quantity Catcutations Public involvement Funding Application QC /QA Protect Management & Administration (A) 97 244 126 71 116 34 118 37 48 109 B 44 10 51 24 32 (B) $10,501,17 $18,574.40 $11,856.00 $6.24438 $10,202.09 $2,990.27 $10,466.93 $3,254,11 $4,221.55 $9.586.44 $]03.59 $3,869.76 $1.02549 $4,471.84 $3,380.48 $4.73707 (C( $7535 $765.00 $1.035.00 $255.56 825556 $255.56 5255,56 $255.56 $255.56 $255.66 $255.56 $255.56 (D) (B +C +D) $10,576.92 $19,33940 $12.891.00 $6,499,94 $10,457.64 $3,245.82 $10,72149 $3.509.6] $4,477.11 58,842.00 $959.15 54,125.31 $1,025 49 $1,025 $3.380.48 $4.737.07 8.540/, 1561% 1041% 525% 844% 2.62% 868% 2.83 °0 0.7700/0 083 °0 2.73% 3.82 Huff 6 Huff, Inc. tPESA) Soil entl Maienai Consultants (Borings) $5.197.32 $8,415.00 $5.197 37 $8,415 00 4.20 " /a' 679 TOTALS 1170 $10808459 $4,195,]6 $13.612.32 5123,872]1 10000% Comments'. No water main design: Plats to be done during Phase 2 design PRINTED 51912012.5 55 PM Page 3 DBE 0,00% Exhibit "A" MEOIORB A GROUP Consullirtet E_nglne rs CLIENT Modon Grove FIRM NAME Ciorpa Group Inc PRIMEISLIPPLEMENT CONTRACT TERM 16 MONTHS START DATE 151 512 012 RAISE DATE 313112013 ESCALATION PER YEAR 9/152012 - 3gt12o13 4/f 12013 11fd0/209J 10 5 B 18 55.56 ° /° 10133 The total escalation for this project would be: Payroll Escalation Table Fixed Raises New Formula DATE 05/09112 OVERHEAD RATE 130,56% COMPLEXITY FACTOR 0 % RAISE 3.00°/ 1.33% Pined 5IT2012 5.56 PM Exhibit n A" ,, CIORBA GROUP Consulting Engineers FIRM NAME Ciorba Group, Inc. DATE 05/09112 PRIME /SUPPLEMENT Client CLASSIFICATION Morton Grove ESCALATION FACTOR 1.33% Project Manager Senior Engineer Water Resources Manager Water Resources Proj Engineer Senior Water Resources Engineer Engineer Party Chief Instrument Person /Rodman CURRENT RATE I ESCALATED RATE $139.00 $140.85 $85.00 $86.13 $139.00 $140.85 $110.00 $111.47 $85.00 $86.13 $75.00 $76.00 $80.00 $81.07 $62.00 $62.83 Printed 5/9/2012 5:58 PM Exhibit "A" CIORBA GROUP ' Consulting Engineers Average Hourly Project Rates Client Monon Grove County Consultant Ciome Grout. Inc Date 05109112 Job No. 200]2 02 Sheet 1 OF 2 PAYROLL AVG TOTAL PROJECT RATES Mee"nRe. SEA COaeceona gearElnation ToW9raPhic Survey waitReeoureee Enalneen'if st"ie¢IPlanc PUNT Pvolvemenl CLASSIFICATION PngglPal HOURLY RATES 5160.00 Hours 12 Id Part. 103% Wgttl Av 1.64 Hours % Part. WgW AV Hours / Part. Wgttl Av Hours % Pert. Ago AV Hours % Part. Wood Av Hours °/ Par W®rd cm ect Mana er Senior Engineer (Water Resoutons Mana er water Resources Pr0l Engineer Senior Water Resources Engineer En meet Pen CNe1 instrument Person /Rodman $140,85 586.13 3140.85 5111.47 586.:3 5]6.00 361ID 56283 18k 305 15 54 1's 385 128 94 1d.02% 26.0]% 128% 4.fi2 °/o 1.11 Y° 3291 °� 10.84% 8.03% 19.]4 22.45 1.81 5.14 0.98 2501 8.8] 5.05 42 40 15 4330% 41.24% 15.46% 6099 1 35.52 1175 6 19 3 14 114 88 246% i ]29 %' 123 %. 5.24% 46.22% 36.07% 3.46 8]t ?.W 4.36 32.88 2266 t0 42 10 SE 8 2.84%° 33.33% 754% 444d %' 83fi% c t1.18 3716 6.84 3378 5.15 62 225 5 12 20 8 6 1058% 38.40% 0.85 % 205% 46.08% tD2% t.p2 °tb 14.90 33.0] 720 2.28 35.02 0.83 06n I 30.00% ]0.00 % 4226 8029 TOTALS 1120 100% 1 $90.69 97 100% 8108.26 244 100% 518.12 126 100% 394.10 586 100% 1 382.95 10 100% 5102 59 Pruned 51920126:03 PM Exhibit "A" Average Hourly Project Rates Client Morton Grove County Consultant Contra Group, do Date 05100112 Job No 200]2.022 Sheet 2 OF 2 PAYROLL AVG sinning a.spi¢mmr, OLIOA protect m.n.eemen�a Aummence"n HOURLY Hours % lhhq Hours % Wg[b Hours % Want CLASSIFICATION RATES Part. Avq Part. Av Part. Av Principal $16000 12 37.50% 6D. D0 Project Mans er $140.65 - 1373% 19.33 24 100.00% 14085 20 62.504, 8503 Senior En under Slib 13 14 2745% 23.64 Water Resources Manager $140.85 Water Resources Pro E nQineer $11149 Securer Water Resources En ineer $86.13 En0ineer $96.00 30 56.82% 4471 Part Chat $81.09 InsWment PersonlRatlman 1 $6283 EEF I I TOTALS 1 51 100% $6].68 24 100% 514065 32 100% $148.03 Printed 6102012 6:03 Pes N IG0nVaCts \0020W2.00 \002W7202tCOnVac WorksTeastNe9ofiationslAUSiin Pnaset CECS_rev DLM. kBm Scope of Work Breakdown 519/2012 Page t of ME CIORBA GROUP ; C071riArIg Eo,3rr;zcrs N N T � N U Q 1170 1• Meetings, Data Collection & Coordinatiolt Task TotaL 97 010 Meetings Subtotal: 51 Meeting with Owner (2 mtg) 12 Meeting with [DOT (2 mtg) s Meetings with Project Team 5 Meeting with FHWA (1 mtg) 4 Meeting Minutes (5 mtg) s Prepare Agenda /Exhibits for Meetings (5 mtgs) 15 oil Coordination Subtotal: 41 Coordination with Owner 20 Coordination with Other Agency (School, Post Office, Emergency Letters) e Coordination with Utilities 10 Miscellaneous Coordination (Clearinghouse) 3 012 Data Collection Subtotal: 5 Photolog Obtain Aerials 1 2• Topographic Survey Task Total: 020 Field Survey Subtotal: i16 Project Setup Site Visits by Staff Establish Control Points and Ties Level Circuit 12 Horizontal Topography (3,600'- Austin; 1300'- Oakton; 600' - Lincoln) 52 Cross Sections 40 Supplemental Survey 1e Curb Patching Review 5 Drainage Inventory & Condition (Approx 150 Structures) 40 N IG0nVaCts \0020W2.00 \002W7202tCOnVac WorksTeastNe9ofiationslAUSiin Pnaset CECS_rev DLM. kBm Scope of Work Breakdown 519/2012 Page t of ME CIORBA GROUP ; C071riArIg Eo,3rr;zcrs 021 Process Survey Information Down Loading Total Station Drafting Existing Conditions Establish & Draft Centerline Add Utilities to Existing Conditions Base Sheet Development (2 hrs /sl Create Diqital Terrain Model Water Resources 030 Hydrologic & Hydraulic Analysis Storm Water Detention Analysis Evaluate Existing Drainage System 031 Stormwater Facility Design Storm Sewer Preliminary Design Drainage Sheets (Combined EDP & PDP for Austin - Oakton to Cleveland - 2 033 Sanitary Sewer Existing Sanitary Sewer. Investigation (Property Owner Coordination /Survey /( Sanitary Sewer System Future Performance Assessment Identify & Report Conflict Locations Sanitary Sewer Preliminary Desion (R­emove & Reolacel 034 Reports / Location Drainage Studies Drainage Tech Memo (]DOT requirement for work at At 2 16 6 10 10 6 Task Total:l 126 Subtotal: 23 s 14 Subtotal: 53 25 2s Kra, 24 s 4 6 10 10 N: 1Contracts10020072 . OO\ 0020072. 02\ COn1rdL1 _WOrksheets\NegoliationsUCStln Phasef CECS rev �DLM.x1sm snipe of Worn breakoo r ere12012 Page lm6 .' .. CIORRA GROUP ConsuKunp Engln;ers Austin Avenue Phase t T j U Daring Studies /Plans tffic Studies at Austin /Lincoln Intersection Task Total: Subtotal: 586 71 Obtain Machine Traffic Counts (Lincoln) 4 Obtain Manual Traffic Counts (Peak 3 hours am & pm, Austin /Lincoln Intersection) 16 Traffic Count Reduction & Tabulation 4 Develop Traffic Projections for each Movement 4 Intersection Capacity Analysis (Austin /Lincoln Int, a.m. & p.m. for construction year) 12 Develop Existing and Proposed Typical Sections (Austin Ave & Lincoln Ave) s Traffic Signal Warrant Analysis 5 Maintenance of Traffic Plan for Austin Ave t8 ffic Studies at Austin /Oakton Intersection subtotal: 116 Obtain Machine Traffic Counts (Austin & Oakton) s Obtain Manual Traffic Counts (Peak 3 hours am & pm, Austin /Oakton Intersection) 16 Traffic Count Reduction & Tabulation 4 Existing and Proposed ADTs find letter to CMAP) 3 Develop Traffic Projections for each Movement 4 Intersection Capacity Analysis (Austin /Oakton Int a.m. & p.m. for Construction year) 12 Develop Existing and Proposed Typical Sections (Oakton) 4 Traffic Signal Warrant Analysis 5 Intersection Design Studies (Assume IDS needed at Austin /Oakton Int.) so tironmental Studies Subtotal: 34 Prepare Environmental Survey Request (ESR) Form 6 Prepare ESR Exhibits (8 hrs /sheet) t6 Coordination with Environmental Subconsultant 4 Historic Structures Survey Exhibit (Photos taken during survey) 6 tmetric Studies Subtotal: 998 Horizontal Geometry Study (Driveway, radius return) (includes P &P Sheet) 65 Vertical Geometry Study (Assume pavt reconstruction req'd)(Includes P &P Sheet) 24 Design Variances 6 Analyze Reconstruction vs. Rehabilitation t4 Right -of -Way Analysis to N \Oontract$ =20012.=00200'/202 \Conan Worksheets \Negofiations,Austin Phasel_CECS rev - OLM Mark Scope of Work Breakdown //�� pp� RR h 519/2012 oage3of6 CIORBA GROUP j Consuhmg ErginPflr5 U Q I cycle Technical Memo Subtotal: 37 Typical Section 4 Horizontal & ROW Analysis 4 Drainage Analysis (Detention, Structure Locations) 7 Cost Estimate e Technical Memo 14 ash Analysis Subtotal: 4a Input Crash Data (5 Years) 22 Collision Diagram 10 Review and Analyze Crash Data 6 HAL Analysis 4 Write Crash Analysis Summary e ryect Development Report (PDR) Subtotal: 109 Location Map z Report Preparation Report Reproduction (4 submittals) Report Revisions (3 revisions) Disposition of Comments (3 dispositions) Cost Estimate Table (Construction, Utility, Land Acquisition) Public Transportation Schedules /Maps MSubtotal: 'ement Analysis & Design Determine Areas of Unsuitable Subgrade 4 Geotechnical Coordination and Reviews 4 entity Calculations Subtotal: 44 Quantities (Removals) 6 Quantities (Earthwork) s Quantities (Proposed Plan) 16 Quantities (Traffic Signals) 2 Quantities (Water Resources) 14 I N fComracmi0020072 . 0m0020072a 2�comrao -Worksheets\NegoreUonswnsfn Phase+ cecs re. DLM Fs, Scope of Work Breakomwn 519/2012 Page 4V,5 CIORRA CROUPi£;on.; zHif7 Enyrneers N AContra 15002007200 \0020072.02 \Conlracl W rksheetslNegatiationsAOstn Phase'. CECS rev - DLMxlsm Scope of Work breakaOwn 5192012 Page aafs CIORBA GROUP! Consulting EngLnemrs N A T Y ~ j N � U 7• Public Involvement 071 Public Activities Task Total: Subtotal: to 10 Develop Letter for Village to Submit to Property Owners 4 Coordinate with Property Owner with ROW Acquisition s $• Fundinq Application 080 Funding Application Task Total: Subtotal: 51 51 STP to TARP is ITEP zo S. QC/QA 090 QC /QA Task Total: Subtotal: 24 24 Roadway 24 70• Proiect Manaqement & Administration 010 Project Management & Administration Task Total: Subtotal: 32 32 Project Administration 12 Project Management 5 Invoice Preparation 8 Budget Analysis 2 Project Startup 2 N AContra 15002007200 \0020072.02 \Conlracl W rksheetslNegatiationsAOstn Phase'. CECS rev - DLMxlsm Scope of Work breakaOwn 5192012 Page aafs CIORBA GROUP! Consulting EngLnemrs Exhibit "A" IN-HOUSE DIRECT COSTS Morton Grove Austin Avenue Phase I 1. Meetings, Data Collection & Coordination Description Unit Unit Cost Vehicle (mileage) mile $ 0.51 2. Topographic Survey Description CADD Charges Vehicle (day) 3. Water Resources Description CADD Charges Vehicle (day) Unit hour day Unit hour day 5. Engineering Studies /Plans Description Unit CADD Charges hour Copies sheet Unit Cost $ 15.00 $ 45.00 Unit Cost $ 15.00 $ 45.00 Unit Cost $ 15.00 $ 0.10 Quantity Extended Cost 150 $ 75.75 Total: $ 75.75 Quantity Extended Cost 18 $ 270.00 $ 495.00 Total: $ 765.00 Quantity Extended Cost 66 $ 990.00 1 $ 45.00 Total: $ 1.035.00 Quantity Extended Cost 140 $ 2,100.00 2000 $ 200.00 Total: $ 2,300.00 AUSlin cnaaai_Cecs MV- oLm.wsa- inHOUSeDC QIORBA GROUP um3uiareg EnymE�srs` Legislative Summary Resolution 12-49 AUTHORIZATION TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH AUTOMATION ENGINEERING, LTD, FOR INSTALLATION UPGRADES TO THE WATER DISTRIBUTION SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SVSTEM Introduced: Synopsis: Purpose: Background: Programs, Depart or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Second Reading: June 11, 2012 To authorize the Village President to execute a professional services agreement with Automation Engineering, Ltd. of Downers Grove, Illinois for installation upgrades to the Morton Grove Water System Supervisory Control and Data Acquisition System (SCADA). While the existing SCADA System has been functional and reliable for the last 20 years, it is now time to perform upgrades and updates with new computer hardware while keeping the existing software developed by Automation Engineering. The Village of Morton Grove's water distribution system operations have been managed by a computerized Supervisory Control and Data Acquisition system commonly referred to as SCADA, under the purview of the Pumping Station Operations staff since 1992. SCADA is the "central nervous system" behind the automated functioning of the water distribution system, monitoring and controlling activities at the elevated and ground storage reservoirs, pressure adjusting stations and pumping station sites. Automation Engineering has been our SCADA consultant since 2003 and developed the current software programs that run the existing SCADA system. Prior to 2003, previous SCADA engineering consultants retained by Public Works to maintain and repair most times negatively affected the operational efficiencies of the SCADA system resulting in many manhours of manual operation to run the water system. Since retaining the services of Automation Engineering in 2003 all critical unresolved software issues caused by past consultants within the SCADA system were resolved. Automation Engineering has consistently maintained and has always immediately responded to critical failures within the existing SCADA system without any major service interruption or need for excessive manual operation. Over the years, many AT &T phone lines entering the Pumping Stations that send data to the SCADA system, have been cut or removed during AT &T trouble shooting procedures of the phone system resulting in critical system failure. Automation Engineering has precisely mapped each phone data line allowing for quick and accurate repair by AT &T. In 2011, under Resolution 11-45 Automation Engineering performed the design engineering upgrades for the existing SCADA system. Departments - Public Works, Fire Department Groups —All residents The professional services agreement's proposal to install the hardware upgrades is in the amount of $82,599.70. The Village's source of the funds for this project is included in the 2012 Enterprise Fund. The management and implementation of the professional service agreement is performed by the Public Works Department, Water & Engineering Divisions as part of their normal work activities. Approval as presented. N/A Special Request to waive the formal bidding process and award a contact with Automation Engineering to Considerations or perform the installation of the SCADA upgrades in 2012 based upon their experience with the Requirements: I existing SCADA System since 2003 and design engineering work completed by Automation Engine 'ng in 2011. Respectfully so 7J. fitted: t v� Ryan J. o i lage Administrator r Prepared by: �1 Reviewed by:'�f4'� _ Josepl Dahm, sistant Director of Public Works Teresa Hoffinan Irisfon, Corporation Counsel RESOLUTION 12 -49 AUTHORIZATION TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH AUTOMATION ENGINEERING, LTD, FOR INSTALLATION UPGRADES TO THE WATER DISTRIBUTION SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, isahome 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 Morton Grove water distribution system operations have been managed by a computerized Supervisory Control and Data Acquisition system commonly referred to as SCADA since 1992: and WHEREAS, SCADA is the "central nervous system behind the automated functioning of the water distribution system, monitoring and controlling activities at the elevated and ground storage reservoirs, pressure adjusting stations and pumping station sites; and WHEREAS, while the existing SCADA system has been functional and reliable for the last 20 years, it is now time to perform upgrades and updates with new computer hardware; and WHEREAS, in 2011 Resolution 11-45 was approved by the Village Board of Trustees authorizing an agreement with Automation Engineering, Ltd. of Downers Grove, Illinois for design engineering for the upgrades to the existing SCADA System; and WHEREAS, within the Legislative Summary (Attachment A) for Resolution 11 -45, special consideration was noted for Automation Engineering to perform the installation of the SCADA upgrades in 2012; and WHEREAS, Automation Engineering has been the our SCADA consultant since 2003; and WHEREAS, Public Works request the Village Board approve waiving the formal bidding process and award a contract with Automation Engineering to perform the installation of the SCADA upgrades in 2012 based upon their experience with the existing SCADA System and completed design work performed in 2011 by Automation Engineering; and WHEREAS, the total cost proposed by Automation Engineering to upgrade the existing SCADA System is in the amount of $82,599.70; and WHEREAS, funding for the SCADA upgrades is included in the 2012 Enterprise Fund in amount of $95,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: Section 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. The Village President of the Village of Morton Grove is hereby authorized to execute, and the Village Clerk to attest, a contract with the Automation Engineering, Ltd., Downers Grove, Illinois. in the amount of $82,599.70. Section 3. That this Resolution shall be in full force and effect upon its passage and approval. PASSED this 1 Ith day of JUNE 2012 Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED by me this 11th day of JUNE 2012 Daniel J. Staackmann. Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 12th day of JUNE 2012 Tony S. KaIogerakos, Village Clerk Village of Morton Grove Cook County, Illinois I,e2is(atkfC Sumnlar- ATTACHMENT A Resolution 11 -44 — -- ,_ AI "PI4OR1Z iFC }\ TO EkECC'TE T PROFESS:M.N.AL SERVICF> AGREEMENT irr?TH Ai_TO CATION NGi"`EKRING. LTD. FOR DESIGN ENGI�'FERI �G OF I HE \ - -t ATER I7tS'i R2H( T4O ' SLYERTSC)R� CONTROL .ANT) DATA AC Q! ISIT)ON (SC 4J) /k 1 l tiTEh,l dn[rotlnesc!: September id. r0 r nnIli i5` run Vie. ,it f i.iau:e f I ,Ias, .: c', t in �c i�- n I n r: {3,i r ten: a itP. 3ur"illuMM E1121 I i °t ML: .Ltd, n'�or�i upo i anc'. uut oc� the �onoo. C,rore J3 zt. Sss t �. wren i rt "oni; n . late ! S�-s�cri l5,l_ AiS.4 i. Purpos °: u1 M I2m;Ii _ S'.ADS un i m nd iahi n��! time i upei noes and upa ale s witl nel, cnmpuit! Ill, v.ar wine T'rcilliv, . it - nr, siniu sofio i. deveiopcd or P.uttmnation En�meerine .. Ffacis round: The s alias of tiio�tou got 's teats a _ rsl�uGoi sv vstela ) cn a �on�. is � L u,�n n°a i cemtmt nzed Si7 <<.isa- ottni and Gat& k ciuisioon st,tn comar.tls re ii i anger Pie purvltv, 01 .Ii Pumpin�� S,ation )perations stafLsin.e 109_ cent a= nervoi. _vstent" nahind the automated fimaionin_ 3f the water dISV DU (l] monuo..ii a ants :onu-ollin ac[ivities ni th= elevated and Ground stor r -eservo Ps t adju ur I tabor and fILIMP11h, stauoi .its Awornation - r<i,ieerint Tills peen a consu tan! sine- 2003 an o -veloped the- current sofiiivar, h «rams .SCADA si�stem. prior [0 200 =. previous. SCADP enpmeeiine, consultrut: .atnr.,, , brls to maintain and repair mos; rinses ne�ativel% aft "ected ate o 11, � ra t I a 11 a fi "icien n "tit- fl;M)A vsten, ,tilting_ it mane roan kur: o n +nual operation tr rtin t'ne trni �4•en�.. Sine relainin_ the s2rvioes of Au tom ation bnvineeI111 in 2,003 all crmc nrcoi e rfr care iy ucc caused n pas` >uants withal the SCADA stst it rneiu ins hasoi�,rstent s � ve -eie r sol n einainec and Mai: a„sat, u iaieis , r t 3 r i Ill ailu . urt�tit u,.. e>,istin , at wv? MO a id sci lce a i ri: ion t e>e ocssve ,. mama onera>'_ion Oi. :!tile vest_. mans A &T nncn ine4 nt.:rina tli rumrnnl; Statioi s that sen� uata to [n SCADA ¢vx, n haves ben cul o, r_nioveo c,ulin� A;k tole shgorir prooeoU-es of the phone system resultin_- in crib a' systcm ailure. nut.cirarinn cnaine rive has preciselG mapped each phone data line allowinc fn; au t n i seen it repair- ': PP-02 rams. Departs Depanmen[s - F'u[�lic )tjorks. =sre Deparzmerd or Groups Affected Groups - All residents Fiscal Tatpact: I it professional sere ices a ye ment is a cost -plus cans [ fpi a vahte no' -ir ^.000_ Source of Funds; The A %illaee's source or'fhe funds for th n t, orkload Impact: io;ecl is idd i Fute t na«ement , and implei sensation cif ur: piofessionfi! servi c n�i cmen+ is herfonna 'os till nubile Vt orks Depa-tment. Vsa erh cn «meenng Di isions as„ r of titcir rsii ;a{ unrk.. 1ciinm Recomment. �,risrtsa acnre,entec Second Readdio: i nt required 4necial Since 2003. AUMM io H n uin(: d;s loo d rehabir `,s t� Da s: uu � pit t.ran. Considerations rrr ahowi s u+ veal v, net >s -st m p_ trnmrn.._ Pu!ni ea rnr :, str str tr m u yin, n e us n F;egttirements: apprct -o .or Auton�n ion En m lily tc. n i xn ih i pia u( sr :ni , M ; j„ -i 'tnt+ahc iecoinmasa= ,��ion a nn'n�in n�pert r ±I n- ins,. au�n 30 _ , m. i K e )e-t fill k s n 1 ni❑ t' I a Aam nic io r fared Jt s �n MINT h�tistan Un .ur of _o'ic b�rni _._ _._ 7cr° r i7nr iv ar= v c .. _orlm UtiJ C ow ;or RESs01 L T 100 I I - -(b C'T'w'C:ktl;`f'!0 `T(ti'kECtTE4PROFGSS6(I\Ai,SEI , t`IC'E, 1f;E2 E c 'r i AL'TCS n_,�TICD" E GLSEE:RP C =, ETI). FOR UESEE: ' ENGI 1-P_KF vG OF i "HE E1ATF,bl F)i,STT f L "`;7C \ SF.PF;i2,SOR1' COCTRE2L AND DA T A ACQ(TStTfO\ (tiCA1)4) 4y, T "L '1 �aj " ✓, Oil rl� '; '; A 1j lnF �.� ❑'.. Viol, ', (111!1; - tittO t:._ I .i 4i '.t " 1 1177'.11 trll Cle' ('ilY� / el ll5 i�ldil611 07 lIk, �l�te G .L 't S,° ally 1 i. e1'I Omn an'. 7Ui7'1105 IJ°I'ta1111t1!L t0 11S m;.nimori 3 gall "FL I 1 i� �t; ll_ l? al3 In Ill E' 1)ON'e' "t.V is >, and inch] dCdt: and FR p c the Morloh Glove tilt dill In l'un sy;t m operas 1 tnl ;pace nputeti�cd Su}7e Control and C >ars Acqui,wnr <vSt 1 comnlcml erc t ,:_. SC ,�Ir.,ca 99 ano V'HE RE, AS tiC,z D41 is ill . C °uu'al 11e3vouQ Svisle ^i h i11110I eat iUm£ilcd Y�il 'i70,'1111� ll ai;p RdtB" d1S'tl'inuunn Ct',41E[1'.. mCI 1LQ lil i. all �(l I1i.1'6�t1 _ @1 C11 :'I tl" fi (n °',i d alli nLIIC Sl _ ese woirs. pressurc adiustmL stacierns and pumping, station ;,fees and WHEREAS vv,hjle t}L° x;StiIIn ,CAD? S zten- ,as htcl �. Iuncj ICit.di LQ Ue7 "S(}1: ITi UiaU(ade.S 3rld updates min lle.u' COlIlpute.l hardwa'e: ane IEREAS. Automation Rn� ineertng. Ltd, of L)owne - C noY II a o s has h r, the SC 4D consultant since 300 ar.c WHEREAS. Automation Engtneenit_7 has . ons.stentlt troain aineo and has tll oat s ilnr, a u;e;t rvsgonciec is crLCa iaiiures Witnir 'he SCAUh, system wit ;out 1-,1 01 5 °rvic.: inien"uption of C. .?n' excessive manual operation: and UtHFRFAS. Automation cng >ineet ina� deVC1iOD d a ven >> ?e AD sortware i?rorrair :_ ?Ilowino for peak waie: s) -stem neriarn,ance: and WHEREAS. public Vronk,s staff 7ecomni � z prnfeseia la1 service regiment with 1'vulLl ratio;l dngineerine tc, desirYn plans and specifications to update and u (llaae the - sti;l� v ✓at !St7 ihmian SCP.L7A system in 2W 1 1 t III i, o -exc :e d ?;.000, ail: �1���F.: ` °��. Tu lClllle 10r L� a'OOl'�� S ' Ctd° !� li tt)(]etY ! LI I" �(ll ! 7l i'�7i 1$? "il ➢G. 3 1 R Esc) �. tr;D B� �c Pitt k : T L'_.AGd O 4 CiRCI\ _ CnOr t rl it Li; E c r3 C >RT C)t� �lr >1S a,S CiLL0VU S. �t�rr� n Co =pupa uiiw iYie� �,,1 h t k�, iticor u� au ?h; ��'coin:� i taSt!'l Grew. TIt.�St 21 ! I uLgr!, TTJn tI,C' -. R.L '1�L1i1017 do Y110L?�, YL�I' SG'I IOrtI 1'! }dl l; iliC 7111 ,�� 'c gc 17 'd D� rF S "Yl tli JCCtip11 �. Thy V tilao. Dr °Si0CI9I � Mc, ��177111'r Clio -I _t ��, autno ?ti'C)[� Ljl f]E ii a C IErh rl dll ,t. e �'OL, LCI V,11h she ) ❑lay n rli "1H "': :!`iUt �1I1 , � lU.�ll �t Slll ":GY, In l �.�__., _iha� YY I lll! Y P 1SS nTSLP� VfiBrt' ^Ci' 1rust�e� IJii�;ar;< i taSt!'l Grew. TIt.�St 21 ! I uLgr!, TTJn APPROVED m nl�this .?in da. orSEP"E\ nlB 20'» P.TTES D and FILED t rnr of%ce This i to dap o1 S= FTL -MBFR 7 w i -� ]v(arilvn Sn aer. i�enuh �ti't =�e r�'!ark Pilla_e ofts�iorunr Grove Cool_ count.,,. tliin� s. Daniel .1.'3taackmann. Vihace Preside;;' %illag =� of Motion C,,row, Cook Counn. Illinois Leeisiative Summary ORDINANCE 12 -23 AN ORDINANCE ESTABLISHING THE PREVAILING RATE OF WAGES FOR LABORERS, MECHANICS AND OTHER WORKERS IN THE VILLAGE OF MORTON GROVE EMPLOYED IN PERFORMING CONSTRUCTION OF PEIBLIC WORKS FOR THE VILLAGE 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 June 11, 2012 To establish prevailing wages for public works projects within the Village of Morton Grove. To coin ply with the requirements of the II Iinois Prevailing Wage Act, 820 ILCS 130 et seq. The Illinois Prevailing Wage Act requires a contractor and subcontractor to pay laborers, workers and mechanics employed on public works projects, no less than the general prevailing rate of wages as established by the Village. "Public Works" are defined by the Act to mean all fixed works constructed by any public body, or paid for wholly or in part out of public funds. Each year during the month of June, the Act requires the Village to investigate and ascertain the prevailing rate of wages. This ordinance adopts the prevailing wage rates established by the Illinois Department of Labor for Cook County, Illinois as the prevailing wage rates for ,public works projects in Morton Grove. A schedule of these rates can be found at: htfn: /Iwwwstate , il.uslauencv/ idol /rates /F'VENM0ICOOK9999.htm. Upon passage of this Ordinance, the Act further requires the Village to post these rates or make them available for inspection by any interested party: file a certified copy of the Ordinance with the Secretary of State and the Illinois Department of Labor; and publish a notice of these rates in a newspaper of general circulation within the Village. Administration and Legal Departments Not applicable. Not applicable. The implementation of this ordinance will be performed by Corporation Counsel. Approval as presented. Required, June 25, 2012 None Administrator Prepared by: v` Teresa of man Liston, Corporation Counsel i ESTABLISHING THE PREVAILING RATE OF WAGES FOR LABORERS, MECHANICS AND OTHER WORKERS IN THE LOCALITY OF THE VILLAGE OF MORTON GROVE EMPLOYED IN PERFORMING CONSTRUCTION OF PUBLIC WORKS FOR THE VILLAGE WHEREAS, the Village of Morton Grove ( "Village "), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article VII, Section 6 of the 1970; and WHEREAS, the State of Illinois has enacted "An Act regulating wages of laborers, mechanics and other workers employed in any public works by the State, County, City or any public body or any political subdivision or by anyone under contract for public works ", approved June 26, 1941, as amended, being Chapter 820 ILCS I30/1 -12, Illinois Compiled Statues; and WHEREAS, the aforesaid Act requires that the Village of Morton Grove investigate and ascertain the prevailing rate of wages as defined in said Act for laborers, mechanics and other workers in the locality of the Village of Morton Grove employed in performing construction of public works, for the Village; and 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: To the extent and as required by "An Act regulating wages of laborers, mechanics and other workers employed in any public works by the state, county, city or any public body or any political subdivision or by anyone under contract for public works" approved .tune 26, 1941, as amended, the general prevailing rate of wages in this locality for laborers, mechanics and other workers engaged in the construction of public works coming under the jurisdiction of the Village of Morton Grove is hereby ascertained to be the same as the prevailing rate of wages for construction work in the Cook County area as determined by the Department of Labor of the State of Illinois as of June 2012, a copy of that determination being attached hereto as El%ibii "A and incorporated herein by reference. The definition of any terms appearing in this Ordinance which are also used in the aforesaid Act shall be the same as in said Act. SECTION 3: Nothing herein shall be construed to apply said general prevailing rate of wages as herein ascertained to any work or employment except public works of the Village of Morton Grove to the extent required by the aforesaid Act. SECTION 4: The Village of Morton Grove shall publicly post or keep available for inspection by any interested party at 6101 Capulina Avenue, Morton Grove this determination of such prevailing rate of wage. SECTION 5: The Village of Morton Grove shall mail a copy of this determination to any employer, and to any association of employers and to any person or association of employees who have filed, or file their names and addresses, requesting copies of any determination stating the particular rates and the particular class of workers whose wages will be affected by such rates. SECTION 6: The Village of Morton Grove shall promptly file a certified copy of this Ordinance with both the Secretary of State Index Division and the Department of Labor of the State of Illinois. SECTION 7: The Village Administrator shall cause a notice to be published in a newspaper of general circulation within the area the determination of prevailing wages has been made. Said notice shall conform substantially to the notice attached hereto. Such publication shalll constitute notice that this is the determination of the Village of Morton Grove and is effective. SECTION 8: This Ordinance shalt be in full force and effect from and after its passage and approval. PASSER THIS 25`' day of June 2012. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee 'Mill Trustee Toth APPROVER by me this 251' day of June 2012, Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 25th day of June 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois legis \ord\prevailmg wage Cook County Prevailing Wage for June 2012 Page l of 8 (Sec explanation of column headings at bottom of wages) Trade Name RG TYP C Base FRMAN *M -F >8 ASA ASH H/W Pensn Vac Trng ASBESTOS ABT -GEN ALL 35.200 35.700 1.5 1.5 2.0 12.',8 8.820 0.000 0.456 ASBESTOS ABT -MEC BLD 32.850 0.000 1.5 1.5 2.0 10.82 10.66 0.000 0.720 BOILERMAKER BLD 43.450 47.360 2.0 2.0 2.0 6.970 14.66 6.000 0.350 BRICK MASON BLD 39.780 43.760 1.5 1.5 2.0 9.300 ].7..17 0.000 0.730 CARPENTER ALL 90.770 42.770 1.5 1.5 2.0 12.34 11.25 0.000 0.530 CEMENT MASON ALL 41..850 43.850 2.0 1.5 2.0 10.70 10.76 0.000 0.320 CERAMIC I.ILE FLASHER BLD "33.600 0.000 2.0 1.5 2.0 9.200 6.680 0.000 0.580 COMM. ELECT. ELD 36.440 38.940.5 1.5 2.0 8.420 8.97.0 0.000 0.700 ELECTRIC PWR EQMT OR ALL 41.850 46.850 1.5 1.5 2.0 10.27 13.01 0.000 0.320 ELECTRIC PWR GRNDMAN ALL 32.640 46.850_.5 1.5 2.0 8.000 10.12 0.000 0.240 ELECTRIC PWR LINEMAN ALL 41.850 46.850 1:5 1.5 2.0 10.27 13.01. 0.000 0.320 ELECTRICIAN ALL 40.400 43.000 :.5 1.5 2.0 13.83 7.920 0.000 0.750 ELEVATOR CONSTRUCTOR BLD 48.560 54.630 2.0 2.0 2.0 11.03 11.96 2.910 0.000 FENCE, ERECTOR ALL 32.660 34.660 1.5 1.5 2.0 12.42 10.00 0.000 0.250 GLAZIER BLD 38.500 40.000 1.5 2.0 2.0 11.49 14.64 0.000 0.840 HT /FROST INSULATOR BLD 43.800 46.300 1.5 1.5 2.0 10.82 11.86 0.000 0.720 IRON WORKER ALL 40.750 42.750 2.0 2.0 2.0 13.20 19.09 0.000 0.350 LABORER ALL 35.200 35.950 1.5 1.5 2.0 12.18 8.820 0.000 0.450 LATHER ALL 40.770 42.770 1.5 1.5 2.0 12.34 11.25 0.000 0.530 MACHINIST BLD 43.160 45.160 1.5 1.5 2.0 7.980 8.950 0.000 0.000 MARBLE FINISHERS ALL 29.100 0.000 1.5 1.5 2.0 9.300 11.17 0.000 0.660 MARBLE MASON BLD 39.030 42.930 1.5 1.5 2.0 9.300 11.17 0.000 0.730 MATERIAL TESTER I ALL 25.200 0.000 1.5 1.5 2.0 12.18 8.820 0.000 0.450 MATERIALS TESTER II ALL 30.200 0.000 1.5 1.5 2.0 12.18 8.820 0.000 0.450 MILLWRIGHT ALL 40.770 42.770 L.5 1.5 2.0 12.34 11.25 0.000 0.530 OPERATING ENGINEER BLD 1 45.100 49.100 2.0 2.0 2.0 14.40 9.550 1.900 1.250 OPERATING ENGINEER BLD 2 43.800 49.100 2.0 2.0 2.0 14.40 9.550 1.900 1.250 OPERATING ENGINEER BLD 3 41.250 49.100 2.0 2.0 2.0 14.40 9.550 1.900 _.250 OPERATING ENGINEER BLED 4 39.500 49.100 2.0 2.0 2.0 14.40 9.550 1.900 1.250 OPERATING ENGINEER ALL 5 48.850 49.100 2.0 2.0 2.0 14.40 9.550 1.900 1.250 OPERATING ENGINEER BLD 6 46.100 49.100 2.0 2.0 2.0 14.40 9.550 1.900 1.250 OPERATING ENGINEER BLD 7 48.1.00 4 TO. 7.00 ?.0 2.0 2.0 14.40 9.550 1.900 1.250 OPERATING ENGINEER FLT 1 51.300 51.300 1.5 1.5 2.0 _1.70 8.050 1.900 1.150 OPERATING ENGINEER FLT 2 49.800 51.300 1.5 1.5 2.0 11.70 8.050 1.900 1.150 OPERATING ENGINEER FLT 3 44.350 51..300 1.5 1.5 2.0 11.70 8.050 1.900 1.150 OPERATING ENGT_NEc.R FLT 4 36.850 51.300 1.5 1.5 2.0 11.70 8.050 1.900 1.150 OPE R7.T'ING ENGINEER HWY 1 43.300 97.300..5 1.5 2.0 14.40 9.550 1.900 1.250 OPERATING ANGINEIER HWY 2 42.750 47.300 1.5 1.5 2.0 14.40 9.550 1.900 1.250 OPERATING ENGINEER HWY 3 40.700 47.300 i.5 1.5 2.0 14.40 9.550 1.900 1.250 OPERATING ENGINEER HWY 4 39.300 47.300 1.5 1.5 2.0 14.40 9.550 1.900 1.250 OPERATING ENGINEER HWY 5 38.106 47.300 1.5 1.5 2.0 14.40 9.550 1.900 1.250 OPERATING ENGINEER HWY 6 46.300 47.300 1.5 1.5 2.0 14.40 9.550 1.900 1.250 OPERATING ENGINEER HWY 7 44.300 47.300 1.5 1.5 2.0 14.40 9.550 1.900 1.250 ORNAMNTL IRON WORKER ALL 40.200 42.700 2.0 2.0 2.0 1.2.67 15.61. 0.000 0.500 PAINTER AiL 38.000 42.750 1.5 1.5 1.5 9.750 11.10 0.000 0.7'70 PAINTER SIGNS BLD 33.920 38.090 1.5 1.5 1.5 2.600 2.710 0.000 0.000 PILEDRIVER ALL 40.770 42.770 1.5 1.5 2.0 12.34 11.25 0.000 0.530 PIPEFITTER BLD 44.050 47.050 1.5 1.5 2.0 8.460 13.85 0.000 1.820 PLASTERER BLD 39.250 41.610 1.5 1.5 2.0 10.60 10.69 0.000 0.550 PLUMBER BLD .44.750 46.750 1.5 1.5 2.0 11.59 9.060 0.000 D.'780 ROOFER BLD 37.650 40.650 1.5 1.5 2.0 8.380 6.820 0.000 0.430 SHEETME'PAL WORKER OLD 40.560 43.800 1.5 1.5 2.0 9.880 16.54 0.000 0.630 http: / /www.state.il.us/ agency /idol /rates /EVENMO /COOK9999.htm 6/5/2012 Cook County Prevailing Wage for June 2012 Page 2 of 8 SIGN HANGER (WEST) BLD 29.960 Road. 29.960 1.5 1.5 2.0 9.800 2.980 0.000 0.000 SPRINKLER FITTER STEEL ERECTOR BLD ALL 49.200 40.750 51.200 42.760 1.5 2.0 i.5 2.0 2.0 2.0 9.750 13.20 8.200 19.09 0.000 0.000 0.450 0.350 STONE MASON TERRAllO FINISHER TERRAllO MASON ,ALE MASON BLD BLD BLD BLD 39.780 35.150 39.010 40.490 43.760 0.0 42.010 44.490 0 1_5 1.5 1.5 2.0 1.5 1.5 1..5 1.5 2.0 2.0 2.0 2_.0 9.300 9.200 9.200 9.200 11.17 9.070 10.41 8.390 0.000 0.000 0.000 0.000 0.730 0.430 0.510 0.640 TRAFFIC SAFETY WRKR HWY 28.250 29.850 1.5 1 .5 2.0 4.896 4.175 0.000 0.000 TRUCK DRTFIR TRUCK DRIVER TRUCK DRIVER TRICK DRIVER E E E E ALL ALL ALL AL,, 1 33.850 2 34.100 3 34.300 4 34.500 34.500 34.500 34.500 34.500 :..5 1.5 1.5 1.5 1.5 1.5 1.5 1..5 2.0 2.6 2.0 2.0 8.150 8.1.50 8.150 8.150 8:500 8.500 8.500 8.500 0.000 0.000 0.000 0.000 0.150 0.150 0.150 0.150 TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER TOCKPOTNTER W W W W ALL ALL AII ALL BLD 1 32.550 2 32.700 3 32.900 4 33.100 39.950 33.100 33.100 33.100 33.100 40.950 1.5 1.5 1.5 1.5 I.5, 1.5 1.5 1.5 1.5 1.5 2.0 2.0 2.0 2.0 2.6 6.500 6.500 6.500 6.500 8.1.80 4.350 4.350 4.350 4.350 10.57 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.790 Legend: RG (Region) TYP (Trade Type - All ,Highway,Building,Fioating,011 & Ch1.p,Rivers) C (Class) Base (Base Wage Rate) FRMAN (Foreman Rate) M -F>8 (OT required OSA (overtime OSH (Overtime H/W (Health 6 Pensn (Pension) for any (OT) is required is required Welfare Insurance) hour for every greater for every than hoer 8 worked hour worked worked on Sunday each on Saturday) day, and Mon Holidays) throagh Fri. Vac (Vacation) Ting (Training) Mff l COOK COUNTY The following list is considered as those days for which holiday rates of wages for work performed apply: New Years Day, Memorial. Day, Fourth of Juiy, Labor Day, Thanksgiving Day, Christmas Day and Veterans Day in some class if4. . cations /count ies. Generally, any of these holidays which fall on a Sunday is cel..ebrated on the following Monday. This then makes work performed on that Monday payable at the appropriate overtime rate for holiday pay. Common practice in a given local may alter certain, days of celebration. If in doubt, please check with IDOL. TRUCK DRIVERS (WEST) - That part of the county West of Barrington. Road. EXPLANATION OF CLASSES ASBESTOS - GENERP.L - removal of asbestos material /mold and hazardous materials from any place in a building, including mechanical systems where those mechanical systems are to be rennc ved. This includes the removal of asbestos mater.i..als /mold and hazardous materials from ductwork or pipes in a building when the building is to be demolished at the time or at some close future date. ASBESTOS - MECHANICAL - removal of asbestos material from mechanical systems, such as pipes, ducts, and boilers, where the mechanical systems are to remain. http: / /www.state.il.us/ agency /idol /rates /EVENMO /COOK9999.htm 6/5/2012 Cook County Prevailing Wage for .Lune 2012 CERAMIC TILE FINISHER The grouting, cleaning, and polishing of all classes of tile, whether for interior cr exterior purposes, ail burned, glazed or unglazed products; all composition materials, granite tiles, warning detectable tiles, cement tilcs, epoxy composite materials, pavers, glass, mosaics, fiberglass, and all substitute materials, for file made in file -like units; a L mixtures in tile like foam of cement, metals, and other materials that are for and intended for use as a finished floor surface, stair treads, promenade roofs, walks, walls, ceilings, swimming pools, and all other places where the is to form a finished interior or exterior. The mixing of all setting mortars including but not limited to thin -set mortars, epoxies, wall mud, and any other sand and cement mixtures or adhesives when used in the preparation, installation, repair, or maintenance of tile and /or similar materials. The handling and unloading of all sand, cement, lime, tile, fixtures, equipment, adhesives, or any other materials to be used in the preparation, installation, repair, or maintenance of ti..e and /or similar materi_a1s. Ceramic Tile Finishers shall fill all joints and voids regardless of method on all file work, particularly and especially after installation of said ._le work. Application of any and all protective coverings to all types of rile installations including, but not be limited to, all soap compounds, paper products, tapes, and all polyethylene coverings, plywood, masonite, cardboard, and any new type of products that may be used to protect rile instailations, Biastrac equipment, and all floor scarifying equipment used in preparing floors to receive tile. The clean no and removal of a�1 waste and materials. Al_ dem.oi.'uion of existing file floors and walls to be re- tiled. COMMUNICATIONS ELECTRICIAN Installat_.on, operation, inspection, maintenance, repair and service of radio, television, recording, voice sound vision production and reproduction, telephone and telephone interconnect, facsimile, data apparatus, coaxial, fibre optic and wireless equipment, appliances and systems used for the transmission and reception of signals of any nature, business, domestic, commercial, education, entertainment, and residential purposes, including but not limited to, communication and telephone, electronic and sound equipment, fibre optic and data communication systems, and the performance of any task directly related to such installation or service whether at new or existing sites, such tasks to include the placing of wire and cable and electrical power conduit or other raceway work within the equipment room and pulling wire and /or cable through conduit and the installation of any incidental conduit, such that the employees covered Hereby can complete any job in full. MARBLE FINISHER Loa ding and unloading trucks, distribution of all materials (all stone, sand, etc.), stocking of floors with material, performing all .rigging for heavy work, the handling of all material that may be needed for the installation of such materials, building cf scaffolding, polishing if needed, patching, waxing of material if damaged, pointing up, caulking, grouting and cleaning of marble, holding water on diamond or Carborundum blade or saw for setters cutting, use of tub saw or any other saw needed for preparation of Page 3 of 8 http: / /www.state.il.us /agency/ idol /rates /EVENMO /COOK9999.htm 6/5!2012 Cook County Prevailing Wage for June 2012 Page 4 of 8 material, drilling of holes for wires that anchor material set by setters, mixing up of molding plaster for installation of material, mixing up thin set for the installation of material, mixing up of sand to cement for the installation of material and such other work as may be required in helping a Marble Setter in the handling of all material in the erection or installation of interior marble, slate, travertine, art marble, serpentine, alberene stone, blue stone, granite and other stones (meaning as to stone any foreign or domestic materials as are specified and used in building interiors and exteriors and customarily known as stone in the trade) , Carrara, sanionyx, vitrolite and similar opaque glass and the laying of all marble tile, terrazzo rile, slate the and precast tile, steps, risers treads, base, or any other materials that may be used as substitutes for any of the aforementioned mater.i.als and which are used on interior and exterior which are installed in a. similar manner. MATERIAL TESTER I: Hand co-;..ng and drilling for testing of materials; field inspection of uncured concrete and asphalt, MATERIAL TESTER II: Field inspection of welds, structural steel, fireproofing, masonry, soil, facade, reinforcing steel, formwork, cured concrete, and concrete and asphalt batch plants; adjusting proportions of bituminous mixtures. OPERATING ENGINEER - BUILDING Class 1. Asphalt Plant; Asphalt Spreader; Autograde; Backhoes with Caisson Attachment; Batch Plant; Benoto (requires Two Engineers); Boiler and Throttle Valve; Caisson Rigs; Central Redi -Mix Plant; Combination Back Hoe Front End - loader Machine; Compressor and Throttle Valve; Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete Conveyor (Truck. Mounted); Concrete Paver Over 27E cu.. ft; Concrete Paver 27E cu. ft. and 'Under: Concrete "Placer_; Concrete Placing Boom; Concrete Pump (Truck Mounted); Concrete Tower; Cranes, All; Cranes, Hammerhead; Cranes, (GC-If and similar Type); Creter Crane; Crusher, Stone, etc.; Derricks, All.; Derricks, Traveling; Formless Curb and Gutter Machine; Grader, Elevating; Grouting Machines; Highlift Shovels or Front Endloader 2 -1 /4 yd. and over; Hoists, Elevators, outside type rack and pinion and similar machines; Hoists, One, Two and Three Drum; Hoists, Two Tugger One Floor; Hydraulic Backhoes; Hydraulic Boom Trucks; Hydro Vac (and similar equipment); Locomotives, Ail; Motor Patrol; Lubrication Technician; Manipulators; Pile Drivers and Skid Rig; Post Hole Digger,, Pre- Stress Machine; Pump Cretes Dual Ram; Pum_o Cretes: Squeeze Cretes -Screw Type Pumps; Gypsum Bulker and Pump; Raised and Blind Hoie Drill; Roto Mi.1_'_ Grinder; Scoops - ..actor Drawn; Slip -Form Paver; Straddle Buggies; Tournapu2l; Tractor with Boom and Side Boom; Trenching Machines. Class 2. Boilers; Broom, A11 Power Propelled; Bulldozers; Concrete Mixer (Two Bag and Over Conveyor, Portable; Forklift Trucks; Hiah'_ift Shovels or Front Endloaders tinder 2 -1 /4 yd.; Hoists, Automatic; Hoists, Inside Elevators; Hoists, Sewer Dragging Machine; Hoists, Tugger Single Drum; Rock Drill (Self - Propeiled); Rock Drfll ( ?'ruck Mounted); Boilers, A1_1; Steam Generators; Tractors, All; Tractor Drawn Vibratory Roller; Winch Trucks with "A" Frame. Class 3. Air Compressor; Combination Small Equipment Operator; Generators; Heaters, Mechanical; Hoists, Inside Elevators; Hydraulic http: / /www. state.il.us/ agency /idol /rates/EV> NMO /COOK9999.htrn 6/5/2012 Cook County Prevailing Wage for June 2012 Power Units (Pile Driving, Extracting, and Drilling) ; Pumps, over 3" (1 to 3 not to exceed a total of 300 ft.) ; Low Boys; Pumps, Well Points; Welding Machines (2 through 5); Winches, 4 Small Electric Drill Winches; Bobcats (up to and including 4 cu yd.) . Class 4. Bobcats and /or. other Skid Steer Loaders (other than bobcats up to and includinq 3, cu yd.); Oilers; and Brick Forklift. Class 5. Assi..star,t Craft Foreman. Ciass 6. Gradali. Cass 7. Mechanics. OPERATING ENGINEERS - HIGHWAY CONSTRUCTION Class 1. Asphalt Plant; Asphalt Heater and Planer Combination; Ascha't Heater Scarfire; Asphalt Spreader; Autograder /GOMACO or other similar tyre machines: ABG Paver; Recesses w;_th Caisson Attachment; Ballast Regulator; Belt Trader; Caisson Rigs; Car Dumper; Central Redi -Mix Plant; Combination Backhoe Front Endloader Machine, (1 cu. yd. Backhoe Bucket or over or with attachments); Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete °aver over 27E cu. ft.; Concrete Placer; Concrete Tube E'leat; Cranes, all attachments; Cranes, Tower. Cranes or all types: Creter Crane: Crusher, Stone, etc.; Derricks, All.; Derrick Boats; Derricks, Traveling; Dowell Machine with A1 r. Compressor; Dredges; Formless Curb and Gutter Machine; Grader, Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol, Form Grader, Pull Grader, Subgrader; Guard Rail Post Driver Truck Mounted; Hoists, One, Two and Three Drum; Hydraulic Backhoes; Backhoes with shear attachments; Lubrication Technician; Manipulators; Mucking Machine; 4le Drivers and Skid Rig; Pre - Stress Machine; Pump Crates Dual Ram; Rock Drill - Crawler or Skid Rig; Rock Drill - Truck Mounted; Rock /Track Tamper; Rot M4 11 Grinder; Slip -Form Paver; Soil Test Drill Rig (Truck Mounted); Straddle Buggies; Hydraulic Telescoping Form (Tunnel); Tractor Drawn Belt Loader (with attached pusher - two engineers); Tractor with Boom; Tractaire with Attachmen'.-s; Trenching Machine; Truck Mounted Concrete Pump with Boom; Raised o° Blind Hcle Drills (Tunnel Shaft); Underground Boring and /or Mining Machines 5 ft. in diameter and over tunnel, etc; Underground Boring and /or Mining Machines under 5 ft, in diameter; Wheel Excavator; Widener (APSCO). Class 2. Batch Plant; Bituminous Mixes; Boiler and Throttle Valve; Bulldozers; Car Loader Trailing Conveyors; Combination Backhoe wont Endioader Machine (Less than I cu. yd. Backhoe Bucket or over or with attachments); Compressor and Thr'ot "'l.e Valve; Compressor, Common Receiver (3); Concrete Breaker or Hydro Hammer, Concrete Grinding Machine; Concrete Mixer or Paver 7S Seri.es to and includinq 27 cu. ft.; Concrete Spreader; Concrete Curing Machine, Burlap Machine, Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor Muck Cars (Haglund or Similar Type); Driiis, A' _.; P1_r.ishina Machine - Concrete; Hiahlift Shovels or E'ront Endloader; Hoist - Sewer Dragging Machine; Hydraulic Boom Trucks (All Attachments); Hydro- Plaster; All Locomotives, Dinky; Off -Road Hauling Units (including art4culating) /2 Pon capacity or more; Non Self- Loading Ejection Dump; Pump Cretes: Squeeze Crates - Screw Type Pumps, Gypsum Bulks- and Pump; Roller, Asphalt; Rotary Snow P1oss; Rotor l.ier, Seaman, etc., self- propelled; Page 5 of 8 http: / /www.state.il.us /agency /idol /rates /E,VENMO /COOK9999.htm 6/5/2012 Cook County Prevailing Wage for June 2012 Scoops - Tractor Drawn; Self - Propelled Compactor; Spreader - Chip - Stone, etc.; Scraper; Scraper. - Prime Mover in Tandem (Regardless o£ Size): Tank Car Heater; Tractors, Push, Pulling Sheeps Foot, Disc, Comoacto-, etc.; Tug Boats. Class 3. Boilers; Brooms, All Power Propelled; Cement Supply Tender; Compressor, Common Receiver (2); Concrete Mixer (Two Bag and Over); Conveyor, Portable; Farm - Type Tractors Used for Mowing, Seeding, etc.; Fireman, on Doi le r s; Forklift_ Trucks; Grouting Machine; Heists, Automatic; Hoists, All Elevators; Hoists, Tugger Single Drum; Seep Diggers; Low Boys; Pipe Jacking Machines; Post -Hole Digger; Power Saw, Concrete Power Driven; Pug Mills; Rollers, other 4 ;.Yian Asphalt; Seed and Straw Blower; Steam Generators; Stump Machine; Winch Trucks with "A" Frame; Work Boats; Tamper- Form -Motor Driven. Class 4. Air m, Combination - Small Equipment Operator; Directional Boring Machine; Generators; Heaters, Mechanical; Hydraulic Power Unit (Pile Driving, Extracting, or Drilling); Hydro- Blaster; Light Plants, All (1 through 5) ; Pumps, over 3" (1 to 3 not to exceed a total. of 300 ft.); Pumps, We1;.. Points; Tractaire; Welding Machines (2 through 5) ; Winches, 4 Small. Electric Drill Winches. Class 5. Bobcats (all); Brick Forklifts; Oilers. Class 6. Field Mechanics and Field "Welders Class 7. Gradall and machines of .Like nature. OPERATING ENGINEER - FLOATING Class 1. CrafP_ Foreman; Diver /Wet Tender; and Engineer (hydraulic dro dge). Class 2. Crane /Backhoe Operator; 70 Ton or over Tug Operator; Mechanic /Welder; Assistant Engineer (Hydraulic Dredge); Leverman (Hydraulic Dredge); Diver Tender; Friction and 7.,attice Boom Cranes. Class 3. ;Deck Equipment Operator, Machine.ryman,, Maintenance of Crane (over 50 ton capacity); Tug /Launch Operator; Loader /Dozer and like equipment on Barge; and Deck Machinery, etc. Class 4. Deck Equipment Operatc Units or More); Off Road Trucks Tug Engineer, Crane Maintenance Weighing 115,000 pounds or less; TERRAZZO FINISHER r, Machi.neryman /[fireman (4 Equipment (2 ton capacity or more); Deck Hand, 50 Ton Capacity and Under or Backhoe and Assistant Tug Operator. The handling of sand, cement, marble chips, and all other materials that may be used by the Mosaic Terrazzo Mechanic, and the mixing, grinding, grouting, cleaning and sealing of all Marble, Mosaic, and Terrazzo work, floors, base, stairs, and wainscoting by hand or machine, and in addition, assisting and aiding Marble, Masonic, and ":'errazao Mechanics. TRAFFIC SAFETY Work associated -with barricades, horses and drums used to reduce lane usage on highway work, the installation and removal of temporary lane Page 6 of 8 http: / /www.state.il.us/ agency / idol /rates/EVENMO /COOK9999.htm 6/5/2012 Cook County Prevailing Wage for June 2012 markings, and the installation and removal of temporary road signs. TRUCK DRIVER - BU-_LDING, EEAVY AND HIGHWAY CONSTRUCTION - EAST & WEST Class _. Two or three Axle Trucks. A -frame Truck when used for transportation purooses; Air Compressors and Welding Machines, including, these pui_ed by cars, pick -up trucks and tractors; Ambulances; Batch Gate Lockers; Batch H epee rman; Car and Truck Washers; Carry -a11s; Pork Lifts and Hoisters; Helpers; Mechanics Helpers and Greasers; Oil Distributors 2 -man operation; Pavement Breakers; Pole Trailer, up to 96 feet; Power Mower Tractors; Self - propelled Chip Spreader; Shipman; Slurry Trucks, 2 -man operation; Slurry Truck Conveyor. Operation, 2 or 3 man; Teamsters; Unskilled Dumpman; and Truck Drivers hauling warning lights, barricades, and portable toilets on the job site. Class 2. Four axle trucks; Dump Crets and Adgetors under 7 yards; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnapulls or Turnatrailers when pulling other than self- loading equipment or similar equipment under 16 cubic yards; Mixer Trucks under 7 yards; Ready -mix Plan+ Hopper Operator_, and Winch. Trucks, 2 Axles. Class 3. Five axle trucks; Dump Crets and Adgetors 7 yards and over; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnatrailers or turnapulis when pulling other than self- loading equipment ar similar equipment over 16 cubic yards; Explosives and/or Fission Material Trucks; Mixer Trucks 7 yards or over; Mobile Cranes while in transit; Gil Distributors, 1 -man operation; Pais Trailer, over 40 feet; Pole and Expandable Trailers hauling material over 50 feet long; Slurry trucks, 1 -man operation; Winch trucks, 3 axles or more; Mechanic - -Truck Welder and Truck Painter. Class 4. Six axle trucks; Dual- purpose vehicles, such as mounted crane trucks with hoist and accessories; Foreman; Master Mechanic; Self - loading equipment like P.B. and trucks with scoops on the front. Other Classifications of Work: For definitions of classifications not otherwise set out, the Department generally has on file such definitions which are available. If a task to be performed is not subject to one of the class ificat.i..ons of pay set out, the Department will upon being contacted state which neighboring county has such a classification and Provide such rate, such rate being deemed to exist by reference in this document. no neighboring county ra`.e applies to the task, the Department shall undertake a special determination, such special determination being then deemed to have existed under this determ_nati.en. If a project requires these, or any classification not listed, please contact IDOL at 217 - 7£32 - 7..'110 for wage rates or clarifications. LANDSCb1PING l:andscaning work falls under the existing classifications for laborer, operating engineer and truck driver. The work performed by landscape plantsman and landscape laborer is covered by the existing classification of laborer. The work performed by landscape operators (regardless of equipment used or size) ;s covered by the classifications of operating engineer. 'The work performed by Page 7 of 8 http: / /www.state.il.us/ agency /idol/rates /EVENMO /COOK9999.htm 6/5/2012 Cook County Prevailing Wage for June 2012 I andscape truck drivers (regardless of size of truck driven) is covered by the classifications of truck drives. Page 8 of 8 http : / /www.state.il.us /agency /idol /rates /EVENMO /COOK9999.htm 6/5/2012 Legislative Summary Ordinance 12 -22 AMENDING THE VILLAGE OF MORTC N GROVE UNIFIED DEVELOPMENT CODE SECTIONS 12 -1 -7 AND 12 -16 -3 REGARDING PROCEDURAL CONTROLS AND ZONING VARIATI ONS Introduced Synopsis: Purpose: Background Programs, Departs or Groups Affected Fiscal impact: Source of Funds: Workload Impact: Admin Recommend: Second Reading: Special Consider or Requirements: May 14, 2012 This ordinance will approve text amendments to amend the Unified Development Code (UDC) to allow an expansion of variations that may be considered by the Zoning Board of Appeals, and related procedural requirements concerning exceptions to the UDC. To allow an expansion of variations that may be considered by the Zoning Board of Appeals and an exception process for UDC requirements. The Unified Development Code (UDC) is a comprehensive set of regulations for the zoninv of and and development of parcels within the Village. Currently, the UDC allows a limited number of types of variations the Zoning Board of Appeals (ZBA) may hear. The Village, as the applicant, has submitted a request for an amendment to allow the ZBA to consider a wide variety of zoning variations, and to create a process allowing exceptions to be granted by the Administrator for non - zoning UDC requirements. Based on staff review of zoning requirements from other communities, some communities provided limited variation powers to their ZBAs, while others allow a wide variety similar to the proposed amendments. Nevertheless, the ZBA would retain significant discretion in their review of zoning variations due to the standards and requirements for variations in the UDC. As well, most other codes reviewed include an exception process for non- zoning development requirements. These topics were discussed by the Plan Commission at several public hearings, and the Commission recommends approval of these amendments. Staff also supports these changes. Building and Inspectional Services, and Community and Economic Development Departmen +s 'J /A V/A These amendments will be implemented by the Director of Community Developntem and the 3uilding Department in the normal course of business. kpproval as presented one 11, 2012, Required — Municipal Code Book change done Submitted by: Reviewed by �4 Ryrin T. Home, Village Administrator Teresa Hoffman Listo , (o ration Counsel Prepared by: John D. Sal , Community and $cononric Developmen? Director AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE SECTION 12 -16 -3 REGARDING PROCEDURAL CONTROLS AND ZONING VARIATIONS WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village continuously reviews and, as it deems necessary, updates existing Municipal Codes to assure they are kept current and relevant: and WHEREAS, the applicant, Village of Morton Grove has made a proper application to the Plan Commission in Case No. PC 11 -13 to consider and recommend the adoption of certain text amendments to the Village of Morton Grove Unified Development Code, Section 12 -16 -3; and WHEREAS, upon public notice duly published in the Morton Grove Champion newspaper, a newspaper of general circulation in the Village of Morton Grove, which took place on November 3, 2011, and a public hearing conducted on November 21, 2011, and continued on subsequent dates, relative to the above referenced case at which time all concerned parties were given the opportunity to present and express their views for the consideration of the Plan Commission. As a result of said hearing, the Plan Commission made certain recommendations and conditions through a report dated May 8, 2012, a copy of which is attached hereto and made a part hereof and marked as Exhib#, ` % and WHEREAS, the Corporate Authorities have concluded the amendments to eliminate some limitations on zoning variations that maybe heard by the Zoning Board of Appeals are appropriate and consistent with the intent of the variation procedures, and will allow for greater flexibility and creativity in the use of variations while also retaining appropriate discretion of the Zoning Board of Appeals within the Village; and WHEREAS, the Corporate Authorities have considered this matter at apublic meeting and find the text amendment, when evaluated in the context of the whole Village, serves the public good. WHEREAS, the Village is desirous of assuring all policies are kept current and relevant. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 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: The following section of the Unified Development Code, 12 -16 -3, entitled "Procedure for Zoning Board of Appeals" is hereby amended: 12-1-7: EXCEPTI ©NS TO THIS TITLE: The Village Administrator with the concurrence of the Building Commissioner may grant a variance, waiver or modification to the technical requirements of this Title when: A. In the opinion of the Building Commissioner there are special circumstances unique to the property or the development that would create practical difficulties if the technical requirement of this Title were imposed; B. There is no prohibition for the variance, waiver, or modification elsewhere in this Code_ C. No other person or Commission has the authority within this Title to grant such variance, waiver, or modification: and D. The granting of the variance, waiver, or modification will not adversely impact surrounding properties, and does not violate the intent or spirit of this Title. This authority shalt not be construed to apply to the provisions of Chapter 4 of this title with respect to the use of any property within a zoning district. 12 -16 -3: PROCEDURE FOR ZONING BOARD OF APPEALS: A. Variations: It is the intent of this section to provide for exceptions to the application of this title in order to achieve parity among properties similarly located and classified. Specifically, it is to be used to overcome conditions which pose practical difficulty or unnecessary hardship in such a way as to prevent an owner from using his property as intended by this title. R Authorized Variations: The Zoning Board of Appeals shall publicly hear and have the authority to vary the zoning regulations set forth in Chapters 2, 3. and 4, in this title, except as otherwise indicated in this title, and except for those regulations regarding permitted, special and prohibited uses in all districts. SECTION 3: The Corporate Authorities, in particular the Village Clerk, are hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to conform to this text amendment. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 11 `" day of June 2012. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thili Trustee Toth APPROVED by me this 11t" day of June 2012. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 1 I "' day of June 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Village f c5forton To: Village President and Ooard of Trustees r Prom: icon Farkas, Chairperson, Plan Commission /'. oning Hoard ofA- Opeals Date: May 31 2012 Re: Plan Commission Case PC11-13; Request for 'text Amendments to Chapter 16 (Project Approval Process) of the unified Development Code regarding procedural controls and zoning variations Commission Reoort Public Notice was provided for the public hearing for this request in accordance with applicable requirements. A public notice was published on November 3, 2011. As this request is for a text amendment, not a request for a specific site, no public notice signs or notification letters were required. This case was originally reviewed at a public hearing on November 21, 2011, which was conducted by the Morton Grove Plan Commission after public notice was duly provided, as noted above, for Plan Commission case PC11 -13. PC11 -13 consists of a request by the Village of Morton Grove for text amendments to Sections 12 -1-7 and 12 -16 -3 of the Unified Development Code (UDC) to allow modifications to the language for "Authorized Variations ". The case then proceeded to the Village Board for final action in December, 2011; however, the Plan Commission Chair requested that the case be returned to the Plan Commission for further review and consideration. Subsequently, the case was reviewed by the Commission at public hearings from January through April, concluding with a Plan Commission recommendation for approval at the public hearing on April 16, 2012. Director of Community Development and Village Planner )ohn D. Said introduced the case on behalf of the Village, and provided additional testimony throughout the Commission's review process, He reviewed details of the request, including the proposed text amendment language, at the public hearings. Mr. Said explained that the language in the UDC, as currently written, allows variations only for specinc types of requests. For instance, the language currently limits review of fence variations to consideration of height. These restrictions limit the administrative review capabilities of the Zoning Board of Appeals to a finite number of situations as enumerated in the 15 subsections from a. through o. Mr. Said further explained some proposed changes eliminate repetition in the Code, while others would allow the Zoning Board to hear variation requests for a wider variety of situations, and provide more flexibility for administration. However, Mr. Said emphasized the Zoning Board would continue to have the Standards for Variations as a tool to evaluate all variation requests. Richard T. Flickinger Municipal Center 6101 Capulina Avenne a Morton Grove, Illinois 60053 -2985 Tel: (847) 965 -4100 FaK, (847) 965 -aI62 Qr`� According to Mr. Said, results of research of zoning regulations in other communities were inconclusive. Some communities provide some limits to zoning variations which may be considered while others allow Zoning Board consideration of all proposed variations to zoning requirements. Upon further review of this request by the Commission after the initial hearing on 11/21/11, more refinements were made to the proposed language. The Commission wanted to ensure that the Zoning Board's powers were limited to the zoning aspects of the Unified Development Code, and did not extend to other non - zoning areas in the UDC. Further, the Plan Commission directed that the 15 subsections of allowed variations be deleted from the UDC language. As the Zoning Board will be given more authority, the Commission asserts that it is unnecessary to retain this language, even as examples of possible variations. Other minor changes were also prepared, as reflected in the attached language. In addition to the changes to variation procedures, the Commission approved proposed changes to Chapter 1 of the UDC, to approve a new Section 12 -1 -7: Exceptions. This section provides a mechanism for the Village to consider administrative exceptions to the non - zoning, technical sections of the Unified Development Code. Language has been included to avoid conflicts with the Zoning Boards powers and duties, and other sections of the UDC. Prior to this, no such exception process was available, and it was Staff's recommendation, with the Commission concurrence, that such language is appropriate to include in the Code. During discussion with the Commission, Mr. Said noted other possible changes to the Project Approval Process language may be brought to the Commission for future review. However, it was concluded such changes can be done as part of a new application, which can be filed in the future after additional research is completed. Findings of Fact - Text Amendment Mr. Said provided testimony to the applicable standards for amendments in The proposed text amendments will benefit the Village as a whole and does i the applicant (the Village), as only the review process changes based on this does not have a particular hardship that this amendment will address; this review procedures and requirements. Sec. 12 -16 -4 -E of the UDC. iot confer special rights upon request. Further, the Village is rather intended to clarify Text Amendment Language The Plan Commission recommends approval of the following (new language is bold and itaiicized, while language to be omitted is 12-1-7; The Viliage Administrator with the concurrence of the Buiiding Commissioner may grant a variance waiver or modification EO the technical requirements of this Title when; A• In the opinion of the Building Commissioner there are special circumstances unique to the properly or the development that would create practical difficulties if the technical requirement of this title were imposed; B. There is no prohibition for the variance, waiver or modification elsewhere in this code; C, No other person or Commission has the authority within this Title to grant such variance, waiver or modification; and D, The granting of the variance, waiver or modification will not adversely impact surrounding properties, and does not violate the intent or spirit of this Title, This authority shall not be construed to apply to the provisions of chapter 4 of this title with respect to the use of any property within a zoning district, A. Variations: It is the intent of this section to provide for exceptions to the application of this title in order to achieve parity among properties similarly located and classified. Specifically, it is to be used to overcome „ E conditionswhich poser practical difficulty or unnecessary hardship in such a way as to prevent an owner from using his property as intended by this title. 1. Authorized Variations: The zoning board of appeals shall publicly hear and have the authority to vary zs -; °,g d:ct; the zoning regulations set forth in chapters 2, 3, and 4, in this titie except as otherwise indicated in this title, and except for those regulations regarding permitted, special and prohibited uses in all districts. Commission Recommendation It was moved, and seconded; to recommend approval of the Te%4 Amendments as requested. The motion carried: Yes 6; No 0; Absent 0 The voting: Chairman Farkas Aye Commissioner Blonz Aye Commissioner Dorgan Aye Commissioner Gabriel Aye Commissioner Roepenack Aye Commissioner Shimanski Aye Commissioner Witko Aye � r / .. _ e Commission Recommendation It was moved, and seconded; to recommend approval of the Te%4 Amendments as requested. The motion carried: Yes 6; No 0; Absent 0 The voting: Chairman Farkas Aye Commissioner Blonz Aye Commissioner Dorgan Aye Commissioner Gabriel Aye Commissioner Roepenack Aye Commissioner Shimanski Aye Commissioner Witko Aye 4