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HomeMy WebLinkAbout2012-01-09 AgendaAGENDA UPDATED of -o6-i2 VILLAGE OF MORTON GROVE v MEETING OF THE BOARD OF TRUSTEES TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. 5. 6. 7 0 9. 10. January 9, 2012 7:00 pm Approval of Minutes — Regular Meeting of December 12, 2011 Special Reports a. Swearing In of New Police Officers Constantinos Fasos and Andrew Harrison by Fire and Police Commission Chairperson Michael Simkins b. Swearing In of New Police Sergeant Michael Weitzel by Fire and Police Commission Chairperson Michael Simkins Public Hearings Residents' Comments (agenda items only) President's Report — Administration, Northwest Municipal Conference, Council ofMayors, TIF Committee, Capital Projects, Real Estate Committee a. Amendment to Village Board Meeting Dates for Calendar Year 2012 (cancellation ofMay 28, 2012, in observance ofMemorial Day) Clerk's Report— Legal, Cable and Telecommunications Commission Staff Reports a. Village Administrator Pro Tem 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 Fire Commission (Trustee Great) b. Trustee Gomberg —Police Department, Environmental Health, Police and Fire Commission, IT Communications (Trustee Marcus) C. Trustee Grear— Community andEconomic Development Department, Chamber of Commerce, Waukegan Road TIFReview, Lehigh/Ferris TIFReview, Dempster Street Corridor Plan, Real Estate Committee, Comprehensive Plan, Economic Development (Trustee DiMaria) 1) Resolution 12 -01 (Introduced January 09, 2012) Authorizing the Execution of an Agreement Between the Village and All Around Amusements, Inc., to Supply Carnival Rides and Amusements for the 2012 Through 2013 Fourth of July Festivities d. Trustee Marcus — Public Works Department, Condominium Association, Community Relations Commission, Solid Waste Agency of Northern Cook County, Natural Resource Commission, Traffic Safety Commission (Trustee Thill) e. Trustee Thill — Building Department, Appearance Commission, Capital Projects, Plan Commission/Zoning Board ofAppeals (Trustee Toth) Trustee Toth — Finance Department, Finance Advisory Commission, Northwest Municipal Conference, Advisory Commission on Aging, Family and Senior Services Department (Trustee Gomberg) 12. Other Business 13. Presentation of Warrants - $1,210,700.85 371,536.19 $1,582,237.04 14. Residents' Comments 15. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate 16. Adjournment -To ensure full accessibility and equal participation for all interested citizens, individuals with disabilities who plan to attend and who require certain accommodations in order to observe and/or participate in this meeting, or who have questions regarding the accessibility of these facilities, are requested to contact Susan or Marlene (8471470 -5220) promptly to allow the Village to make reasonable accommodations. CALL TO ORDER Village President Dan Staackmann called the meeting to order at 7:00 p.m. and directed the U. Village Clerk Tony Kalogerakos called the roll. Present were: Trustees Dan DiMahe, Larry Gomberg, Bill Grear, Shel Marcus, John Thill, and Maria Toth. APPROVAL OF MINUTES Regarding the Minutes of the November 28.2011 Regular Board Meeting, Trustee OiMaho moved, seconded bv Trustee Toth, to accept the Minutes ospresented. Motion passed unanimously via voice vote. 2' Regarding the Special Meeting Minutes of November 28, 2011, Trustee DiMehanloved. seconded by Trustee Thill, to accept the Minutes as presented. There was no discussion. Motion passed unanimously via voice vote. :V. SPECIAL REPORTS 2011 Champion and Heritage Trees Presentation a. Mary Busch, Chairperson of the Natural Resources Commission, and Commissioners Grant Gilbert, co-Chair, and Sharon Erickson, thanked the Board and staff for the opportunity to present these awards. Mr. Gilbert said the Champion and Heritage Tree Program was established in 2008 and allows Morton Grove residents to realize the treasure of trees— especially trees well over 100 years old. The Natural Resources Commission has partnered with the Morton Grove Historical Society onthis program since the program's inception. b. Ma. Busch read the mission statement of the Natural Resources Commission: It was established to make investigations and recommendations to the Village Board in order to preserve, conserve, enhance, and protect the environment and the natural resources of the Village. The CVrnrniaaion also promotes public intereot, owonaneso, and education for the responsible management of these resources. The Commission hears appeals and requests for exemptions regarding tree permits and replacement of trees. The Commission also serves as a liaison between the Village and other governmental, public, and private agencies to encourage development of programs and management of land that support conservation, improvement, and enhancement of the environment. Minutes of December 12,2011 Board Meetinj] IV. SPECIAL REPORTS (continued) The Champion and Heritage Tree Program supports the conservation of Morton Grove's natural resources for the numerous benefits associated with trees for today and future generations. o. Ms. Busch explained that "Charnpion" trees are those that are the finest specimen ofUleir kind—either the largest, or the oldest, or the best example ofespecies. "Heritage^ trees are important landmarks commemorating Morton Grove's unique past. This year there were six trees deemed "ohornpion''trees. d. Mo. Busch announced the winners as Commissioners Gilbert and Erickson presented the certificates for the following: � An American Elm tree in the parkway at 8620 Fernald, certificate presented to Ethe|VVentjnk m A Sugar Maple at 8655 Fernald; certificate presented to the Dorvi||e family w A Red Oak et8O28 Grove Ct, over 28O years old, certificate presented to Eric So|ito[}atu � An uncommon Red Elm at 5901 Churoh, estimated to be over 2OUyears; certificate presented to Kurt and Amanda Hoinke � An American Elm that 'Lowers over the Historical Museum Education Center in Harrer Park; certificate presented to Brian Sullivan, Executive Director of the Morton Grove Pork District � In Miami Woods, a Scarlet Oak that is an Indian Marker Tree e. Ms. Busch showed a number of photos of Indian Marker trees. Morton Grove has two Indian Marker Trees featured in a book by Dennis Downes. Previous winners have included oak trees onMcVicker, originally paAofUleHuocherWoxods. now part of Aldridge homes. Mayor Staackmann nominated a silver maple tree on Georgiana, noteworthy for being part of the very first subdivision in 1891. Other previous winners are a native hackberry tree located near Village Hall and a double stemmed black walnut growing at the Bangad residence, property that was nhginu|k/ settled in 1843 by Sylvester Beckwith. Another previous winner is an oak/hickory grove at 8350 Lehigh. Trustee Thill and some residents of The Woodlands have documented red-tail hawks nesting in their tops. Lastly, a beautiful specimen of a swamp white oak at the Ruehrdanz residence, 8715 School, was a winner last year. Mo. Busch said nominations will be open in the spring of 2012. For more information, call 2 Plan Commission Case PC 11-13 Requesting a Text Amendment to Chapter 16 of the Unified Development Code Regarding Procedural Controls and Zoning Variations. e. Plan Commission Chairman Ron Farkas presented this report. He said the Village of Morton Grove is the Applicant. The Village wishes to modify language in the Unified Development Code for authorized variations. Currently, there are only 15 variances the Zoning Board can grant. The Village is requesting that Chapter of the Code be expanded by amending one of the 15 specific types, namely, fencing, which currently only allows the Zoning Board to grant a height variance. I Minutes of December 12, 2011 Board Meeting SPECIAL REPORTS (continued) b' Mr. Farkas said that the Zoning Board is |ookinO.for more Uexibi|itv, thus` the proposed change in language stating "The Zoning Board of Appeals shall publicly hear and have the authority to vary zoning regulations set forth in this title, inc|uding, but not limited to, the following examples." o' Mr. Farkas reported that there were noresident comments during the Plan Commission hearing, and the Commissioners unanimously voted to recommend approval. d. Mr. Farkas added that he would like to see this case remanded back to the Plan Commission for more diaouoaion, as he does not feel the Cornrniask>n fully discussed the ramifications of adding the phrase "including, but not limited to, the following examples". He thought perhaps it would not be necessary to list the 15 allowable variances because the phrase seems to allow "blanket uuthoritv" Mr. Farkas said that maybe iuottheexoeptionaahou|dbe|ioted. Since the Plan Commission is the fact-finding body whose job it is to advise the Board, he wanted tobe certain that this matter had been thoroughly discussed. e. Corporation Counsel Liston advised the Board that it would be appropriate to accept the Chairman's report, and when the ordinance comes up on the Agenda, to then remand it back to the Plan Commission. Trustee Gnearmoved to accept the Plan Commission's report on Case PC11-13. seconded by Trustee Thill. The motion passed unanimously via voice vote. 3. Presentation of Proposed 2012 Budget a. Finance Director Ryan Horne said that this Budget is the culmination of work that began last summer. He thanked all the department heads and their staff for all their hard work in preparing this budget, and said he was proud of the fact that, for 2012, the Village is budgeting for a small surplus of $35,000 and a fund balance of 26.5%. The total of all funds is $53.835.275. The General Corporate Fund will show the small surplus. He reminded the Board that the 2O11 Budget was the, Village's first balanced budget in four years. b. Mc Horne said the Village's tax levy remains at 096, as it was in 2011. He commended the Morton Grove Public Library for decreasing their portion of the tax levy by 4.2796. The total combined tax levy decrease for 2012 is 1.03%. o' Another thing that Mr. Horne was proud nfiathat the Village continues to make very good progress on its debt obligations. It has paid off the over $2.6 million "Site B" note, and in 2012, will make the final debt service payments for several IEPA loans.taken out in the 1990's to aid the Village in its sewer separation efforts on the east side of Morton Grove. V. PUBLIC HEARINGS Mayor 8teeckrnann declared that the Public Hearing onthe 2O12 Budget was now open. He asked if there were any comments from the assemblage. There were none. Trustee DiMaria then moved to close the Public Hearing, seconded by Trustee Thill. Motion passed unanimously via voice vote. Vi Minutes of December 12, 2011 Board Meeting RESIDENTS' COMMENTS (Agenda Items Only) a` Mark ANbema, President mfthe Morton Grove Public Library Board. Mc Albers noted that the Library is a taxing body and component of the Village's budget. He wanted to give an overview of what went into the 2012 Budget decisions. In May of 2011, four new trustees were elected to the Board and began working to make the Library truly responsive to the citizens of Morton Grove. In June. the Library began its first urban garden project, which was welcomed and supported by other community groups. The urban garden will continue in 2012 and has prompted the Liboryto add some new programming. In July, Mr. Albers reported multiple violations of the [)pen Meetings Act by the previous board to the Illinois State's Attorney's office. This self-reporting prevented financial penalties from being assessed against the Library, although the previous board was found guilty ofthe charges. In September, they add- ed a "Public Comments" section to their meeting agendas, so that residents can now comment on Agenda and Non-Agenda items. They also changed their meeting venue to the Baxter Room, to make the meetings more available to the public. The Board also elevated Natalia Fishman and Kevin Justie to the position of co-Directors; they handle the day-to-day operations. In October, the Board adopted an official Email and Records Retention Policy, as none had existed before. This brings the Library into compliance with certain provisions of the Open Meetings Act. b' Mr. Albers said when the Board began working on its 2012 Budget, it used a zero-based formula to ensure that each tax dollar spent was actually needed and to make each department more accountable. o' |n November, the Board approved six action items, among them: (1)e lease with St. Martha's to provide additional parking for Library patrons; (2) the 2012 Budget; and (3) the retention of a professional money manager to greatly improve the Library's rate of return on its investments. d' Mr. Albers said, regarding the 2012 Budget, that he wanted to go on record thanking Ryan Horne for his consultation assistance. Mr. Albers said that Mr. Horne helped clear up an inefficient accounting system and streamline the accounts and bookkeeping procedures. This was right around the time the Library received correspondence from its auditor, noting how poorly the 2O1O records had been kept. The 2O12 Budget was submitted on time, unlike previous years' budgets, and did not trigger a Truth in Taxation hearing. At the conclusion of the budget process, the Library Board was able to lower its tax levy without any reductions in personnel, hours, or programs. VI 1. 1. Mayor Staackmann established the meeting dates for the Village Board for calendar year 2012, as follows: January 8 and 23 July (July 23iscancelled) February 13 and 27 August 13 (August 27iocancelled) March 12 and 28 September 10 and 24 April & and 23 October 8 and 22 May 14 and 28 November 12 and 28 June 11 and 25 December 1O (December 24iacancelled) 4 I Minutes of December 12, 2011 Board Me6ting on PRESIDENT'S REPORT (continued) 2. Next, Mayor Staackmann asked for a motion to concur with the appointments of the following individuals to chair the designated commissions as follows: Alice Rupkey to chair the Advisory Commission nnAging Deanna Gotta to chair the Appearance Commission Ron Fine to chair the Cable and Telecommunications Commission 8arnina Hussain to chair the Community Relations Commission David Lewis to chair the Economic Development Commission Georgianne Brunner to chair the Board of Environmental Health Doug Steinman to chair the Finance Advisory Commission Michael Simkins to chair the Fine and Police Commission Mary Busch to chair the Natural Resources Commission Ron Farkas to chair the Plan Commission/Zoning Board ofAppeals Keith White to chair the Traffic Safety Commission Trustee Marcus moved to concur with these appointments, seconded by Trustee DiMohe. Motion passed unanimously via voice vote. o. Trustee ThiU noted that. for the Natural Resources Commission, Commissioner Grant Gilbert serves aaoo-oheir;he thought both names should belisted. Mayor Sbaoohrnenn said that the ordinance doesn't call for a chair/co-chair, so Mary Busch will be listed. b' Trustee Marcus said that, since he is the liaison to the Natural Resources Commission, he would like to see Grant Gilbert listed as the Chairman, and moved to amend the chair appointments to reflect this change. Trustee Thill seconded the motion. Motion passed un- animously via voice vote. Thus, Grant Gilbert is the chairman of the Natural Resources Commission. 3' Mayor Staackmann noted that the regularly-scheduled meetings of the various boards, oornrniaoione' cornrnitte*ea, and subcommittees for 2012 will be posted and available on the Village's vveboitein accordance with the Open Meetings Act. 4. Mayor Staackmann then sought concurrence for the following Administrative Appointments for calendar year 2O12: Elizabeth M. Roohfordappointed as Adjudication Officer John D. Said appointed oo Community and Economic Development Director Teresa Hoffman Liston appointed aa Corporation Counsel John Hill appointed asEW4ACoordinator Ryan Horne appointed as Finance Director/Treasurer Torn Friel appointed as Fire Chief Mark Erickson appointed as Police Chief Andy DeK4onte appointed ae Public Works Director Frank Tennant appointed aa Village Prosecutor Trustee Marcus moved to concur with these appointments, seconded by Trustee Thill. VU. Minutes of December 12, 2011 Board Meeting PRESIDENT'S REPORT (continued) e. Trustee Gomberg questioned the omission of Jackie Wa|ker-O'Keefe.as Director of the Department ofFamily and Senior Services, from the Administrative Appointment list. He said he was not sure why she wasn't listed, but felt she deserved to be. He felt her performance qualified her for reappointment. He hoped Mayor Staackmann would consider amending the list of Administrative Appointments. b. Trustee Gomberg said he had just found out today about this omission. o. Mayor Steaokn)ann said he would defer to Corporation Counae|Limtonfortheexpkanotkon. d' Ms. Liston explained that the Village's Codm, Title 1, Chapter 8, Article D. discusses the Director of Family & Senior Services. It is an executive office, and the Code states that the director shall be appointed annually and serve one year or until o qualified successor has been approved. e' Mayor Staackmann said there is no successor; Ms. Walker-OKeefe is still a department head and her salary is not being reduced. This move was made strategically for latitude of readjusting departments once a new Village Administrator is on board. f. Trustee Gomberg said that noother department heads are being held to that standard. g. Trustee Marcus said that he, too, wasn't aware of this until this evening. Mayor Staackmann responded that this information was contained in the Board Meeting packets sent out several days ago. i Trustee Marcus agreed, but had skimmed over the list of names and hadn't noticed this omission. He concurred with Trustee Gonnberg that he did not feel the reason for Ma. Walker-O'Keefe'a lack ofreappointment, as stated, was sufficient. He moved to reappoint Jackie Walker-OKeefe to Director of Family and Senior Services for another year. Corporation Counsel Liston said that, aoa point of order, department heads are appointed by the Mayor with the concurrence of the Board. The Board cannot, by law, make an appointment; they can only concur with the Mayor's appointment. Thus Trustee Marcus' motion is inappropriate. She added that there are ongoing, discussions regarding the Department ofFamily & Senior Services. It is possible the department may be reorganized or it may not remain a department. A determination needs to be made and that would likely be done once a new Village Administrator is hired. By ordinance, if Ms. Walker-D'Keefe were appointed, she would be appointed for the calendar year. There would then be no opportunity toadjust or realign the department for another year. Moy orStaachmenn said that latitude needs to exist, but reiterated thet, for all practical purposes, yWa. Walker-O'Keefe will stay a department head with the appropriate salary. k. Trustee Grear said he felt that what his oo|haaoueo were saying ia that they had not been informed mfthis. Mayor 8taookrnann responded that the information was in the packets and if any Board member wanted to discuss this with him after reading their packet, he was available. However, no one called him io ask about this. I Minutes of December 12 2011 Board Meetin 11 VII. PRESIDENT'S REPORT (continued) I Mavor8taocknnann then caUed for a vote on the Adrninioto��eAopointnnenta.KAoOxxn - passed: 4 ayes, 2nays. Tr. Di88arim ��L Tr . � ��m��r� ��� �Grmar. aye Tr. Marcus n axy Tr.ThiU aye Tr. Toth Ue 5' Mayor Staackmann requested concurrence to appoint Ryan Horne as Village Administrator pro tern. effective immediately. Trustee ThiUao moved, seconded bv Trustee Gremr. Motion passed: G ayes, 0nays. Tr. DiNqario ale Tr.GornberQ aye Tr.Gmmar. aye Tr. Marcus aye Tr.Thi|l Aye Tr. Toth 2ye 8. Mayor Staackmann requested concurrence to appoint William Porter as Building Commissioner pro tern. effective immediately. Trustee DiK8ahg so moved, seconded by Trustee Marcus. Trustee Grear clarified that this isin addition to Captain Porter's duties in the Fire Department; Captain Porter is taking on more responsibilities. Upon the vote, the motion : 6 ayes, 0nays. Tr. C)iKAaria ��e Tr.C�ornbmrg aye Tr. C����� �l�� Tr. Marcus aye Tr. Thill aye Tr. Toth aye 7' Mayor 8taackmenn presented Resolution 11-06. Authorization toExecute a Contract With Voorhees Associates, LLC tm Perform Recruitment Services for the Position of Village This resolution will authorize the Village to retain a professional public management consulting service for the recruitment of successor Village Adrniniatrator, in the wake of Administrator VVade'ereaignation. The Village has utilized the services of Voorhees Associates, LLCinthe past and has been satisfied with them. Voorhees Associates will be tasked with interviewing the Mayor, Board Members, and senior staff, as well as other key individuals, to understand the responsibilities, challenges, and cultures of the organization. They will also develop a job announcement and a detailed recruiting brochure. They will establish a recruitment timetable and advertise for candidates. They will evaluate and screen all candidates and present recommended candidates to the Board for review and final selection. They will also assist with salary and benefit negotiations. The process is expected to take 12 weeks, and total expenses are anticipated tobe$18.QO0. Trustee Thill moved to approve Resolution 11-66, seconded by Trustee DiMaria. Motion passed: 5 ayes, 1nay. Tr.0K8aria �� TrGonber. Ue Tr. Greer Day Tr. Marcus aye Tr. Thill ave Tr. Toth Me 8. Mayor Staackrnennviohmd everyone a happy and aofa holiday season, and thanked his colleagues and Village staff for a good year. M VUi CLERK'S REPORT Clerk Kalogerakos reminded the assemblage that the December 26, 2011 Village Board Meeting has been cancelled. Clerk Kalooeoakos wished the assemblage happy holidays. |X. STAFF REPORTS A. Village Administrator: Village Administrator pro tem Ryan Horne had no report. B. Corporation Counsel: Corporation Counsel Liston had no report. X. A. Trustee DiMaria:, Trustee [}iMaha wished everyone o Merry Christmas and o Happy New Year. He added that his "no" vote on the Administrative Appointments was not vote against the individuals appointed, rather, it was a vote against the procedure. B. Trustee Gomberg: 1. Trustee Gonlberg had no formal report, but read a letter from Police Chief Mark Erickson informing him that Officers Fick and Johnson were presented with the Cook County Law Enforcement Award of Merit by Cook County Sheriff Tom Dart. The award is presented annually to sworn police personnel across Cook County who consistently perform beyond the ce|| of duty as evidenced by their attitude, work ethio, and professionalism. The officers were nominated for the award by Commander Paul Yoroo. Trustee Gonnberg said the Village commends these officers. 2. Trustee Gomberg wished everyone happy holidays. C. TmsteeGrear Trustee Grear had no formal report, but thanked his colleagues, the Mayor, and the Village staff for e wonderful year. He especially complimented the staff, saying that they were "great" and that he was proud to work with all of them. He wished everyone a safe new year. I Minutes of December 12, 2011 Board Meeting X. TRUSTEES' REPORTS (continued) D. Trustee Marcus: 1. Trustee Marcus presented Ordinance 11-46, Authorizing an Amendment to Title 5, Chapter 13, Article E, Section 1 Entitled "Streets and Alleys Designated as One-Way" of the Municipal Code of the Village. This is the second reading of this ordinance, and, as Trustee Marcus pointed out, the fourth time this issue has come before the Board. Trustee Marcus explained that this ordinance designates the alley south of Dempster between Austin and Marmora (behind CVS Pharmacy) as a one-way eastbound alley, and removes any conflicting ordinances or language from the Municipal Code. Trustee Marcus moved to adopt Ordinance 11-46, seconded by Trustee Grear. Motion passed: 6 ayes, 0 nays. Tr. DiMaria awe Gomberg Me Tr. Grear aye Tr. Marcus aye Tr. Thill aye Tr. Toth ave. Trustee rustee 'Grear said that he was sorry that it's taken so long, but he was glad this issue has finally been resolved. Trustee Marcus then presented Resolution 11-67, Authorizing the Execution of a 2, Professional Services Agreement With Ayres Associates, Inc. for 2012 Aerial Photogrammetric Mapping. Trustee Marcus explained that, each year, as a member of the GIS Consortium, the Village participates in collective purchasing of aerial photography services and data with 15 other member communities. One-fifth of the community is mapped each year, so every five years, the data is updated. This contract is in an amount not to exceed $15,621. Trustee Marcus moved to approve Resolution 11-67, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. DiMaria ave Tr. Gomberg ffe Tr. Grear ave Tr. Marcus ave Tr. Thill aye Tr. Toth afire 3, Trustee Marcus next presented Resolution 11-68, Authorization to Execute a Professional Services Agreement With Ciorba Group, Inc. for Design Engineering Services for 2012 Street Improvement Program. He explained that the Village intends to rehabilitate asphalt streets as part of the 2012 Street Improvement Program in order to maintain their serviceability. The work needed to prepare contract documents needs to begin as soon as possible in order for the Village to be able to bid this project during the winter. Ciorba has satisfactorily prepared contract plans for similar Village projects in the past. Trustee Marcus moved to approve Resolution 11-68, seconded by Trustee Grear. Motion passed: 6 ayes, 0 nays. Tr. DiMaria ave Tr. Gomberg ave Tr. Grear aye Tr. Marcus ave Tr. Thill ave Tr. Toth aye I Minutes of December 12, 2011 Board Meetin X. D. (continued) TRUSTEES' REPORTS (continued) 4. Next, Trustee Marcus presented Resolution 11-7O. Initiating the Submission of a Public Question amtm Whether the Village Should Have the Authority Under Public Act 096-0176 to Arrange for the Supply of Electricity for its Residential and Small Commercial Customers Who Have Not Opted Out of Such a Program. e. Trustee Marcum explained that state law deregulating the eheothohv supply market has allowed local governments to bundle (or aggregate) residential and small commercial electric accounts and seek bids for e |ovvapomo1 source of electricity, similar to how the Village obtains competitive proposals for solid waste and recycling purposes. The Village must first submit a referendum to its residents to determine whether or not the aggregation program will operate as an opt-out program for residential and small commercial retail ouotonnana. If the majority vote yes on the referendum, the Corporate Authorities can begin preparing a Plan of Operation and Governance (POG), hold public hearings on the POG, adopt the POG, solicit bids from alternate electricity providere, and fina||y, award a bid and implement an opt-out aggregation program for residential and small commercial retail customers. b. Resolution 11 -70 authorizes the Village Clerk to immediately certify and submit the following question to the Cook County Clerk to be placed on the ballot for the general election being held on March 12, 2012: "Shall the Village of Morton Grove have the authority to arrange for the supply of electricity for its residential and arno|| oornrneroio| retail customers who have not opted out of such oprogram? Yes orNo" Trustee Marcus moved to approve Resolution 11-7O' seconded byTrustee Toth. Motion passed: 6 ayes, Onays. TrQiMmria aye TrGomberg aye TtGreer. gye Tr. Marcus ave Tr. Thill MLe Tr. Toth aye 5' Lastly, Trustee Marcus presented Resolution 11-72.Appointing a Director and Alternate Director to the Solid Waste Agency of Northern Cook County (SWANCC). o' He explained that the ViUege, as a noarnber ofSVVANCC, is entitled to appoint o Director to serve on the Agency's Board, which approves the annual budget for the Agency and sets policy for the region's long-term plan to manage the area's garbage. b' Trustee Marcus pointed out that the Resolution erroneously states that Trustee ThiU shall Le the Director with Trustee Gombergond Village Administrator pro tem Horne asalternates. He asked that the Resolution be corrected to reflect that it appoints Trustee Marcus as the Village's Director and Trustee ThiU and Village Administrator protenn Horne as alternates. This error appears twice in the Resolution. c. Trustee Marcus moved, seconded by Trustee Thill, to approve Resolution 11-72. Tmatee('3rear then moved bzamend the Resolution per Trustee Marcus' request. Trustee Gomberg seconded the motion. Upon the vote to amend the Resolution, the motion passed: G ayes, Onays. Tr. []i01aria aye T:Gomberg fflLe Tr. Grear ale Tr. Marcus aye Tr. Thill g3Le Tr. Toth aye 10 X. D. (continued) Minutes of December 12, 2011 Board Meeting TRUSTEES' REPORTS (continued) d' Upon the vote to approve Resolution 11-72oa amended, the motion : 8mymm, wnaym. TrDi{0eho aye Tr.Gombmr0 aye TxGremr. g3�� Tr. Marcus aye Tr. Thill aye Tr. Toth aye 8' Trustee Marcus thanked Mary Busch and Grant Gilbert for the Champion & Heritage Tree presentation, noting that trees are so very important to our environment. Morton Grove iso tree community, so it's important for everyone to appreciate our town's trees. He urged people to become more aware of their surroundings and 10 take pride in the Village's trees. He also encouraged more people to get involved with the Village and its various Commissions. 7. Trustee Marcus wished all a Merry Christmas, Happy Hanukkah, and Happy Kwanza, and said he would be praying for a world of peace in 2012. X. (continued) E. Trustee ThUl: Trustee Thill presented Ordinance 11-69, Amending the Village of Morton Grove Unified Development Code, Sections 12-16-3 Regarding Procedural Controls and Zoning This is pursuant to Plan Commission Case PC1 1-13 heard earlier this evening. Trustee Thill moved to remand this matter back to the Plan Commission for further review and discussion. Trustee Marcus seconded the motion. Motion passed: 6 ayes, Onays. Tr.l]ih8aria aye Tr.Gornber0 Me Tr.Gnmar. pA e Trustee Thill wished everyone happy holidays. F. Trustee Toth: 1 Trustee Toth presented Ordinance 11-47, Adopting the Budgets for All Corporate Purposes of the Village of Morton Grove and the Morton Grove Library, Cook County, Illinois, For the Calendar Year Effective January 1, 2012 and Ending December 31, 2011 This is the second reading of this Ordinance. Trustee Toth thanked everyone involved for limiting their spending, noting that this budget is the culmination of many months of work. She said that the budget continues to provide the Village's excellent services, and this year, a small surplus ia projected. Bheoornrnended Finance Director Ryan Horne and his staff for all their hard work, and thanked all the 11 X. FS Minutes of December 12, 2011 Board Meeting I TRUSTEES' REPORTS (continued) Trustee Toth: (continued) department heads for their efforts. The Village's 2012 Budget is $53,635,275, and the Morton Grove Public Library's 2012 Budget is $3,154,901, for a grand total of $56,790,176. Trustee Toth moved to adopt Ordinance 11-47, seconded by Trustee Grear. Motion passed: 6 ayes, 0 nays. Tr. DiMaria awe I Tr. Gomberg ave Tr. Grear aye Tr. Marcus a- 1.1 Tr. Thill ave Tr. Toth Me 2. Trustee Toth next presented Ordinance 11-48, An Ordinance Levying and Assessing Taxes for the Village of Morton Grove, Cook County, Illinois, for the Fiscal Year Beginning January 1, 2012 and Ending December 31, 2012. This is the second reading of this Ordinance. Trustee Toth explained that the Village's 2012 Budget requires a tax levy amount of $11,573,832. The Village is also required to levy an additional $6,300,396 for debt service payments, for a total levy before abatements of $17,874,228, which includes the levy for the Public Library. However, the Board will adopt Resolutions abating $5,231,265 from the levy, resulting in a net levy in the amount of $12,642,963. These abatements will be made because the abated amounts will come from sources other than property taxes, but by law must be included as part of the property tax levy. Trustee Toth moved to adopt Ordinance 11-48, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. DiMaria ave Tr. Gomberg aye Tr. Grear ave Tr. Marcus ave Tr. Thill We Tr. Toth aye Trustee Toth then brought forward the first of six tax abatement resolutions: 3. Resolution 11-60, Tax Abatement Resolution for the 2011 Tax Levy Relating to Ordinance 02-30. She explained that Ordinance 02-30 was for the issuance of $5,300,000 in general obligation promissory notes, Series 2002. The ordinance provided that the levy of taxes for the year 2011 should include sufficient funds to pay $458,740 for the debt service payment. In September of 2009, pursuant to Ordinance 09-15, the Board issued refunding bonds in the amount of $4,920,000, Series 2009A, to refinance the remainder of the Series 2002 notes. However, despite the refunding, Cook County will continue to levy taxes as provided in Ordinance 02-30. Therefore, this resolution, abating the debt service for the Series 2002 notes, is required. After abatement, the net levy for the Series 2002 notes is zero ($0). Trustee Toth moved to approve Resolution 11-60, seconded by Trustee Grear. Motion passed: 6 ayes, 0 nays. Tr. DiMaria ave Tr. Gomberg aye Tr. Grear Aye Tr. Marcus aye Tr. Thill 2)Le Tr. Toth ple I Minutes of December 12, 2011 Board Meeting X. F. (continued) TRUSTEES' REPORTS (continued) 4' Resolution 11-61.Tax Abatement Resolution for the 2011Tax Levy Relating to Ordinance 09-05. She explained that Ordinance 09-05 was for the issuance of $7,650,000 in general obligation bonds, Series 2OO9. The ordinance provided that the levy of taxes for the year 2O11 should include sufficient funds to pay $1,746,538 for the debt service payment on said bonds. The 2012 Budget has allocated revenue from the Local Option Sales Tax in the amount of $440,000; revenue from accumulated interest earnings of $1,000; revenue from the Water/ Sewer Fund in the amount of $436,634, and available fund balance in the Debt Service Fund of$2OO.00Oto pay for this debt service. After these abatements, the net levy for this bond series is $808.804. Trustee Toth moved to approve Resolution 11-61. seconded by Trustee Gnear.Motion passed: G ayes, Onays. Tr.OiKOaria aye, Tr.Gomber0 aye Tr. Grear ave Tr. Marcus ave� Tr.Thi|| aye Tr. Toth aye 5. Resolution 11-62, Tax Abatement Resolution for the 2011 Tax Levy Relating to Ordinance 10-01. She explained that Ordinance 10-01 was for the issuance of $9,975,000 in general obligation bonds, Series 201 OA and Series 201 OB. The ordinance provided that the levy of taxes for the year 2011 should include sufficient funds to pay $830,175 for the debt service payment on said bonds. The 2O12 Budget has allocated revenue from the Water/Sewer Fund inthe amount of $365,277, and available fund balance in the Debt Service fund (from the Build America Bond Subsidy) in the amount of $81,610 to pay for this debt service. After these abatements, the net levy for this bond series ia$383,288. Trustee Toth moved to approve Resolution 11-62. seconded byTrustee GneacMotion passed: 6 ayes, Onays. Tr.8iKOaha aye TtGombmrg ave TrGrear. Ue Tr. Marcus aye, Tr. ThiU 2ye! Tr. Toth 2ye i,. Resolution 11-63, Tax Abatement Resolution for the 2011 Tax Levy Relating to Ordinance 07-26. She explained that Ordinance 07-26 was for the issuance of $9,200,000 in general obligation bonds, Series 2007. The ordinance provided that the levy of taxes for the year 2011 should include sufficient funds to pay $587,000 for the payment of principal and interest on said bonds. The 2O12BudAet has allocated revenue from the Lehigh-Ferris T|F Fund in the amount of$5O7.00Oto pay for this debt service. Trustee Toth moved to approve Resolution 11-63, seconded by Trustee Grear. Motion passed: 6 ayes, Onays. Tr.C)i8Uaha aye TxGomberm aye Tr.Gremr. aye Tr. Marcus p)Le Tr. Thill ffe Tr. Toth Rye 13 I I Minutes of December 12, 2011 Board Meetingi a F. Trustee Toth: (continued) TRUSTEES' REPORTS (continued) 7. Resolution 11-64.Tax Abatement Resolution for the 2011 Tax Levy Relating bo Ordinance 09-15. Trustee Toth explained that Ordinance 09-15 was for the issuance of $4,920,000 in general obligation refunding bonds, Series 2OOQA. The ordinance provided that the levy of taxes for the year 2011 should include sufficient funds to pay $542,588 for the debt service payment on said bonds. The 2012 Budget has allocated revenue from the Waukegan Road TIF Fund in the amount of $542,588 to pay for this debt service. Trustee Toth moved, seconded by Trustee Grear, to approve Resolution 11 -64. Motion passed: G ayes, 0nays. Tr.DiK8aria aye Tr.C@omberg gye Tr.Gremr. aye Tr. Marcus aJe Tr. ThiU 2ye Tr. Toth pye 8. Resolution 11-65.Tax Abatement Resolution for the 2011 Tax Levy Relating to Ordinance 98-41. Trustee Toth explained that Ordinance Q8-41 was for the issuance of$3,185ingeneral obligation promissory notes, Series 1998A. The ordinance provided that the levy of taxes for the year 2O11 should include sufficient funds to pay $269,896 for the debt service payment on said bonds. The 2O12 Budget has allocated revenue from the Waukegan Road T|F Fund in the amount of$209.896to pay for this debt service. Trustee Toth moved to approve Resolution 11-65, seconded by Trustee Grear. Motion 8 ayes, Onays. T:[}iK8aria ��� Tr.C��mn�mr� ��� ����na�r. ��_e Tr. Marcus alla! Tr.ThiU 2)e Tr. Toth 2ye g. Trustee Toth then presented Resolution 11-71, Authorizing the Village to Update Authorizing Signatures on Village Bank Accounts. a. She explained thed, with the departure of Village Administrator VVade, various institutions will require the filing of a Village Resolution for the new designation of authorized signatories. Resolution 11-71 authorizes the Village President, Village Administrator pro tern, and Assis- tant Finance Director as signatories on various Village bank accounts. b' Trustee Toth said that Suburban Bank &Trust and Inland Bank were inadvertently omitted from the list of banking institutions in the Resolution. C. Trustee Toth moved to approve Resolution 11-71, seconded by Trustee Grear. d' Trustee Toth then moved to amend Resolution 11-71 to add the names of Inland Bank and Suburban Bank & Trust. Trustee Grear seconded the motion. Upon the vote to amend Resolution 11-71. the motion : 6 ayes, 0nays. Tr.[)iMaha ���. TrC�omnberg ��� Tr.��rear. ��� Tr. Marcus aye Tr.ThiU �ye Tr. Toth aye. 14 I Minutes of December 12, 2011 Board Meeting a F. Trustee Toth: (continued) TRUSTEES' REPORTS (continued) e. Upon the vote to approve Resolution 11-71, as amended, the motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg ave Tr. Grear afire Tr. Marcus ale Tr. Thill ave Tr. Toth aye 10. Trustee Toth presented Resolution, 11-73, Authorizing the Appointment of a Delegate and Alternate Delegate to the Illinois Municipal Retirement Fund. She explained that, as a member of the Illinois Municipal Retirement Fund (IMRF), the Village needs to have a delegate to represent it in IMRF matters. Resolution 11-73 authorizes the Assistant Finance Director and Village Administrator pro tem as the Village's representatives. Trustee Toth moved to approve Resolution 11 -73, seconded by Trustee Grear. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg awe Tr. Grear gye Tr. Marcus gye Tr. Thill afire Tr. Toth aye Trustee Toth presented Resolution 11-74, Authorizing the Appointment of Delegates to the Intergovernmental Personnel Benefit Cooperative. She explained that the Village has been a member of the Intergovernmental Personnel Benefit Cooperative (IPBC) for several years. As a member, the Village needs delegates to represent it in IPBC matters. Resolution 11-74 authorizes the Village's Administrator pro tern and Assistant Finance Director as its representatives. Trustee Toth moved to approve Resolution 11-74, seconded by Trustee Grear. Motion passed: 6 ayes, 0 nays. Tr. DiMaria ave Tr. Gomberg aye Tr. Grear 2ye Tr. Marcus aye Tr. Thill 2ye Tr. Toth ffe 12. Trustee Toth presented Resolution 11-75, Authorizing the Appointment of Delegates to the Northwest Municipal Conference. She explained that the Village is a member of the Northwest Municipal Conference (NWMC). The Mayor is a delegate, and if he unable to attend and represent the Village in NWMC Board matters, alternate delegates are needed to represent the Village. Resolution 11-75 designates the Village Administrator pro tem and Trustee Toth as the alternate delegates. Trustee Toth moved to approve Resolution 11 -75, seconded by Trustee Grear. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye, Tr. Gomberg ave Tr. Grear aye Tr. Marcus aye Tr. Thill aye Tr. Toth �!ye 15 I Minutes of December 12, 2011 Board Meeting FA F. Trustee Toth: (continued) TRUSTEES' REPORTS (continued) 13. Trustee Toth presented Resolution 11-76, Authorizing the Execution of a Contract With Direct Response Resource, Inc. to Provide Utility Billing Services. o. She explained that the Village has used an outside party for the compilation, validation, and delivery of residential and commercial ud|hv invoices for water and sewer usage. This has proved cost-effective. Requests for proposals resulted in the receipt of three qualified service agreements being submitted for consideration. Village staff has determined Direct Response Resource, Inc. as being the best firm able to meet the objectives of quality service, reasonable cost, and appropriate customer communication. b. The cost will be $7,200 per year for a three-year period beginning February 1, 2012. Trustee Toth moved to approve Resolution 11-78.seconded by Trustee Gnear. d' Trustee Grear clarified that, if the Village decides to go to a monthly billing cycle, the cost will goupto$B.8OO per year. Upon the vote toapprove Resolution 11-78, the motion passed: 8 ayes, Onays. Tr. DiN\aha ave Tr. Gomberg ave Tr. Grear ave 14' Trustee Toth presented Resolution 11-77, Authorizing the Execution of aContmact With Sikich, LLP to Perform Auditing Services. a' She explained that this resolution will authorize staff to finalize a contract for auditing services for the Village nf Morton Grove and the Morton Grove Public Library, which isocomponent unit of the Village. b. State law and sound public financial accounting practices require the Village to perform an audit of its financial statements onan annual basis. o' The Village initiated a qualifications-based selection process for auditing services and, received three proposals. Sikich, LLP was found to be the preferred auditing firm to validate the integrity mf the Village's financial statements. The proposal io for auditing services for e four-year period beginning January 1.2O11 through December 31.2O14. d' The Village's share of the four-year cost is $137,535 and the Library's share is $14,750, for a total four-year cost of $152,325. The Library will pay their share directly. Trustee Toth moved to approve Resolution 11-77. seconded by Trustee Gneac,Motion passed: 8 ayes, 0nays. TrDiK8aha @ve Tr. Gomberg aye Tr. Grear aye Tr. Marcus aye Tr. Thill aye Tr. Toth gye 16 I Minutes of December 12,'2011 Board Meeting X1. OTHER BUSINESS NONE x1l. WARRANTS Trustee Toth presented the Warrant Register for December 12, 2011 in the amount of $3,391,837.80. She moved to accept the Warrants, seconded by Trustee Thill. There being no discussion, Mayor Staackmann called for the vote. Motion passed: 6 ayes, 0 nays. Tr. DiMaria Ae Tr. Gornberg ave Tr. Grear aye Tr. Marcus ava Tr. Thill Ue Tr. Toth awe e RIM 1011061M XIV, ADJOURN MENTIEXECUTIVE SESSION Trustee Marcus moved to adjourn the Meeting, Trustee Thill seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. DiMaria ave Tr. Gornberg Ue Tr. Grear aye Tr. Marcus awe Tr. Thill Ue Tr. Toth ave The meeting adjourned at 8:10 p.m. 17 I Minutes of December 12, 2011 Board Meeting PASSED this 9th day of January, 2012 Truabsa[XMoho TruaheeQomberg TnueteeGraer Trustee Marcus TrusteoThi|| Trustee Toth APPROVED byme this 9th day of January, 2012. Daniel J.8baeokmann. Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 1 Oth day of January, 2012. Tony S. Kaoger kos.ViUegeClerk Village of Morton Grove, Cook County, Illinois Minutes by: Teresa Cousar 18 December 15, 2011 President & Board of Trustees VILLAGE OF MORTON GROVE 6101 Capulina Ave. Morton Grove, IL 60053 FASOS, Constantinos (Gus) #120 Start Date: 12/26/11 4N 9' 1 Cjrove e 01 ui ag�� Mo ]'' t 0, Fire � Poll'ce Commuss1*011 Direct Telephone 847/470-5226 Fax 847/965-.7711 In accordance with directives issued by you, competitive examinations were conducted in accordance with 65 ILCS 5/10-11-6 of the Illinois Compiled Statutes, 1992 (Revised). The following person has qualified and is herewith appointed to a probationary status of Police Officer in the Morton Grove Police Department of the Village of Morton Grove, Illinois, pursuant to the Rules and Regulations of the Fire and Police Commission, effective on the date following his name. CONSTANTINOS FASOS Effective date of appointment is December 26, 2011, when he will report to Training Officer Ken VanDerHaegen, at 7:00 a.m. Formal swearing in will be conducted at the Village Board meeting on January 9, 2012, 7:00 p.m., at the Council Chambers, 6101 Capulina Ave. Submitted by: Michael Simkins, Chairman Fire & Police Commission C: C. Fasos (Chief Erickson R. Horne lZichard'F. F11ckinger Municipal Center 6101 Capulina. Avenue < - Morton Grove. Illinois 60053-2.985 Tel: (847; 965-4100 Fax: (847) 965-4162 December 15, 2011. President & Board of Trustees VILLAGE OF MORTON GROVE 61.01 Capulina Ave. Morton Grove, IL 60053 HARRISON, Andrew J. #121 Start Date; 12/26/11 'W? fs� EL L ni, Grove 11 lZire and Police. Commission Direct Telephone 847/470-5226 Pax 847/965-7711 In accordance with directives issued by you, competitive examinations were conducted in accordance with 65 ILCS 5/10-11-6 of the Illinois Compiled Statutes, 1992 (Revised). The following person has qualified and Is herewith appointed to a probationary status of Police Officer in the Morton Grove Police Department of the Village of Morton Grove, Illinois, pursuant to the Rules and Regulations of the Fire and Police Commission, effective on the date following his name. Effective date of appointment is December 26, 2011, when he will report to Training Officer Ken VanDerHaegen, at 7-00 a.m. Forinal swearing in will be conducted at the Village Board meeting on January 9, 2012, 7:00 p.m., at the Council Chambers, 61.01 Capulina Ave. Submitted by: Michael Simkins, Chairman Fire & Police Commission C: C. Fasos Chief Erickson R. I-lorne Richard T. Flickinger Municipal. Center 6101 Capulina Avernie = Morton 11.11nols 60053-2985 Tel. (847) 965-4100 Fax: (847) 965-4162 December 20, 2011 7"Village of c5forton Cirove President and Board of Trustees Village of Morton Grove 6101 Capulina Ave. Morton Grove, IL 60053 Fire and Police Commission lGirect Telephone 847/470-5226 Fax 847/965-7711 SUBJECT: Appointment to the Rank of Police Sergeant Pursuant to the Rules and Regulations of the Board of Fire and Police Commissioners of the Village of Morton Grove, as amended, and pursuant to the Illinois Revised State Statutes, as amended, 65 ILCS 5/10-2.1-114, and reference to the current promotional register of eligibles for Sergeant, dated 08-22-11, the following person who has previously been qualified and whose name appeared on the eligible promotional register is herewith appointed Sergeant in the Police Department of the Village of Morton Grove, Illinois, effective on the date following his name. Michael Weitzel Effective date of appointment - January 2, 2012. Swearing in will be held at the Village Board meeting, January 9,2012,7:00 p.m., Village Council Chambers. BY ORDER OF THE BOARD OF FIRE AND POLICE COMMISSIONERS VILLAGE OF MORTON GROVE, ILLINOIS -2 Michael Simkins, Chairman Fire & Police Commission C: M. Weitzel Chief Erickson R. Horne Richard T. Flickinger Municipal Center 6101 Capulina Avenue - Morton Grove, Illinois 60053-2985 Tel: (847) 965-4100 Fax: (847) 965-4162 Village of &%Iorton C grove upvjiTev 01-09-12 THE REGULAR MEETINGS OF THE BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE FOR 2012 WILL BE HELD ON THE SECOND AND FOURTH MONDAY OF THE MONTH AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER 6101 CAPULINA AVENUE, MORTON GROVE, ILLINOIS AT 7:00 PM All Village Board meetings are held at 7:00 pm and are open to the public during the months and on the dates as follows: January 9 July 9 January 23 July 23 (cancelled) February 13 August 13 February 27 August 27 (cancelled) March 12 September 10 March 26 September 24 April 9 October 8 April 23 October 22 May 14 November 12 May 28 (cancelled) November 26 June 11 December 10 June 25 December 24 (cancelled) To ensure, full accessibility and equal participation for all interested citizens, individuals with disabilities who plan to attend and who require certain accommodations in order to observe and /or participate in this meeting, or who have questions regarding the accessibility of these facilities, are requested to contact Susan or Marlene (8471470-5220) promptly to allow the Village to make reasonable accommodations. legislagenddyearly meeting notice Richard T. Flickinger Municipal Center 6101 Capulina Avenue - Morton Grove, Illinois 60053-2985 Tel: (847) 965-4100 Fax: (847) 965-4162 Ru'.,,/c1cd Paper Le2islauve Summary I Resolution 12-01 AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND ALL AROUND AMUSEMENTS, INC, TO SUPPLY CARNIVAL RIDES AND AMUSEMENTS FOR THE 2012 THROUGH 2013 FOURTH OF JULY FESTIVITIES Introduction: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: Respectfully submitted: [a January 9, 2012 To authorize the Village of Morton Grove staff to negotiate a contract with All Around Amusements, Inc. for the Village's Morton Grove Days' festivities. The annual 4"' of July carnival is a long standing Village tradition, and entertainment for residents and their guests, and provide a source of income which is used to pay for other Fourth of July related activities. For several decades, the Village's Morton Grove Days' festivities have included carnival rides and related attractions. Village staff will negotiate a two year agreement with All Around Amusements pursuant to the attached proposal. The contract is expected to result in funds for the Morton Grove Days' festivities of thirty-five percent (35%) of all gross ride receipts. These funds will be used to pay for other Morton Grove Days' expenses such as entertainment and parade activities. Legal and Administration Departments None This contract will be negotiated by the Legal and Administration Departments as part of their normal activities. Approval as presented. None required. None. qyq-, Yi[lage Administrator Pro Tern Prepared by: Teresa'Hoffinqn Li.,$"ton, Corporation Counsel RESOLUTION 12-01 AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND ALL AROUND AMUSEMENTS, INC., TO SUPPLY CARNIVAL RIDES AND AMUSEMENTS FOR THE 2012 THROUGH 2013 FOURTH OF JULY FESTIVITIES 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, for several decades the residents and visitors of the Village of Morton Grove have enjoyed Fourth of July festivities provided by the Morton Grove Days' Commission in conjunction with the Morton Grove Park District and the Village of Morton Grove. These festivities have traditionally included carnival rides and amusements; and WHEREAS, the Morton Grove Days' Commission has asked the Village of Morton Grove to take a more prominent role in the operations of the Fourth of July festivities and, in particular, has asked the Village of Morton Grove to negotiate the annual contract for carnival rides and attractions; and WHEREAS, Village staff members have negotiated teens for a contract with All Around Amusements, Inc., 21342 W. Division Street, Lockport, Illinois 60441, for these rides and attractions; and WHEREAS, said contract is expected to be for a two year term, i.e. for years 2012 through 2013; and WHEREAS, under the terms of any contract the Village shall not be obligated to expend any funds and the the Morton Grove Days' Commission will receive a percentage of the gross receipts from money derived for the sale of admission tickets, which will be used to pay for other festival related expenses. FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village Administrator is hereby authorized to negotiate, and if appropriate assign a contract with All Around Amusements, Inc, for the provision of carnival rides and attractions for the Village of Morton Grove's Fourth of July festivities pursuant to the tenns and conditions outlined in this resolution and in substantial conformity with the proposal contained within Exhibit "A". SECTION 3: Village staff is hereby authorized to negotiate, and the Village President is authorized to sign and the Village Clerk to attest to a contract consistent with the bidding documents submitted on October 31, 2011. SECTION 4: The Village Administrator and/or his designees are hereby authorized to take all steps necessary to implement and manage said contract. SECTION 5: This Resolution shall be deemed an exercise of the home rule authority of the Village of Morton Grove and is intended and shall be construed to the fullest extent allowed by the Constitution of the State of Illinois to supersede any contrary or conflicting state, county, or local rules or regulations. SECTION 6: This Resolution shall be in full force and effect from and upon its passage and approval. PASSED THIS 9t" day of January 2012 Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS 9'h day of January 2012 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED AND FILED in my office This 10th day of January 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois ALL AROUND AMUSEMENT, INC., 21342 W. DIVISION S TREE T - LOCKPORT, ILLINOIS 60441 (815) 725-2323 OFFICE (815) 725-1313 FAX AAARAAGS*40L.COM Robert Salerno, President THIS CONTRACT,, made and entered into on this 9'11 day of January 2012 by and between ALL AROUND AMUSEMENT,, INC., (hereafter referred to as "All Around") and the VILLAGE OF MORTON GROVE AN ILLINOIS MUNICIPAL CORPORATION of the Village of Morton Grove, State of Illinois, (hereinafter referred to as the "Sponsor"). WITNESSETH: In consideration of the sum of One Dollar ($1.00) and the mutual promises contained herein., the parties aforesaid, mutually agree as hereinafter follows: 1. All Around agrees to present its company, as outlined in the Proposal dated October 31, 2011, attached: Amusement ride devices, Amusement Attractions, Concessions "Fun Booths", etc., at the location, provided by the Sponsor, and known as: MORTON GROVE DAYS - HARRER PARK, LOCATED AT 6250 DEMPSTER STREET, in the Village of Morton Grove, State of Illinois for a period of FOUR ( 4 ) days and nights commencing JUNE 30 - JULY 1, JULY 3, and ending JULY 4, 2012, both dates inclusive. Sponsor will host subsequent events annually on dates to be determined. 2. All Around shall furnish in its sole discretion, all necessary roll tickets and ticket booth(s) at the location. 3. The Sponsor hereby agrees to pay for, furnish or provide all licenses, permits, taxes, 24-hour access to water and electric service, sufficient police protection, bill posting, newspaper advertising, competent ticket sellers, dumpsters, 24-hour access to portable toilets beginning Friday, a location acceptable to All Around for set up of its company, streets and lot privileges, and free gate admission tickets for the employees of All Around where gate admission is charged, parking for trucks, semi-trailers and travel trailers. 4. All Around shall have the exclusive right of providing all shows, amusement ride devices, amusement attractions, "fun" booths and concessions. The Sponsor may provide additional shows and concession stands not substantially similar to those provided by All Around. 5. All Around shall have the exclusive right of providing all popcorn, cotton candy, corn dogs and funnel cakes at the location, and all its sales proceeds shall likewise belong to All Around and is excluded from Article 6. All Around food concessions will be located on the west end of the site. 6. That as a consideration of the above mentioned, All Around agrees to pay the Sponsor, the sum of thirty-five percent (35%) of the gross receipts from monies derived from the sale of admission tickets at the rides. All Around shall pay a flat sum of $100.00 from the sale of each "fun booth" to the Sponsor. 7. If any "fun booth" is closed or unable to operate, (including rain out days) before the ending date of July 4, 2012, All Around shall only pay a prorated fee for the actual days operated. 8. The proceeds of all ticket sales may be held by the Sponsor. The settlement for the percentage on the shows etc., shall be made on the closing day of the engagement. If tickets are sold by the Sponsor, the Sponsor is responsible for any and all shortages in cash or tickets, including arm bands and hand stamps. 9. Unlimited Ride Specials (wristbands), will be offered on the following day(s), to be determined, from 12:00 P.M. to 4:00 P.M. for $20.00 per person, per session. 10. The Mega Pass is to be pre-sold at $45.00 each, $50.00 during the event. The Sponsor will receive thirty-five percent (35%) for each pass sold. 11. Ride Ticket, Unlimited Ride Specials, and Mega Pass prices are controlled by All Around and may be subject to yearly changes. 12. All Around reserves the right to designate the location of rides, concessions and equipment in the allotted space and replace or substitute said equipment as deemed necessary. 13. All Around is to furnish Liability Insurance and Property Damage Insurance of not less than $5,000,000.00 for each accident, with a certificate of said insurance sent to the Sponsor prior to the engagement. All Around shall not be liable for the intentional or negligent acts of the Sponsor's employees and volunteers during the event. The Village of Morton Grove, the Morton Grove Park District and the Morton Grove Days' Commission shall be listed as additional insured on the All Around Certificate of Insurance. 14. All Around shall not be liable nor responsible for any weather related damage to real or personal property caused by the installation of its shows or rides during the event and/or the removal of trucks and equipment operated. by All Around. Precautions will be taken to prevent such damage. 15. All Around shall furnish Electrical Generators for the operation of the Carnival Equipment, lights and sound. 16. The Sponsor shall pay $1.00 PER WRISTBAND SOLD toward any fuel used., or other electric power used, during the engagement. 17. It is mutually agreed by both parties hereto that there are no other contracts or promises either written or verbal between them. 18. In case of a railroad accident or delay, strikes, fire, flood, tornado, epidemic, acts of terrorism or any unforseen occurrence over which All Around has no control, then they are not to be held liable for damages by the Sponsor. 19. All Around will furnish 100 posters for advertising. 20. This contract is fully assignable by All Around Amusement, Inc., with the written consent of the Village of Morton Grove. The Village may assign this contract to the Morton Grove Days' Commission. 21. This contract is a two (2) year contract good for 2012 and 2013, unless canceled at least nine (9) months prior to the event by certified mail. 22. SEPARABILITY CLAUSE: A declaration by any court, or any other binding legal source, that any provision of the contract is illegal and void shall not affect the legality and enforce ability of any other provision of the contract, unless the provisions are mutually dependent. 23. If either party prevails in any litigation or arbitration between the parties with respect to this contract, the non-prevailing party will pay all costs and expenses incurred by All Around in connection with the litigation or arbitration (including reasonable attorneys' fees and costs). (REMARKS:) All Around will donate up to 50 complimentary ride wristbands for the Committee's use, valued at $50.00 each, total value of $2,500.00. Additional wristbands over the 50 complimentary wristbands, All Around will be compensated per cost of the wristband ($50.00). (HI'risibands nol to be sold) All Around will remove debris from ride area at the end of each night. This contract is entered into and signed in duplicate in the Village of Morton Grove, State of Illinois, this day of January 2012, by the duly authorized representative of the parties hereto. VILLAGE OF MORTON GROVE ALL AROUND AMUSEMENT, INC. m Daniel J. Staackmann [in ITS: Village President ITS: This submission iu made solely for the purpose of responding toa bid request from Village of Morton Grove. All Around Amusement Inc., considers the information contained within this submission to include trade secrets, as well as commercial and financial information of All Around Amusement, Inc. As such, All Around makes claim that the infbnnation furnished heroin is propriety, privileged and/or confidential and that disclosure of such information to utbird puny would cause competitive hunn to All Around Amusement, Inc. All Around Amusement, Inc., expects that consistent with 5 |LC3 140/7, no information within its contract submission will be diaaoninated in any way orot any time. SPONSOR PHONE NUMBER SPONSOR FAX NUMBER SPONSOR MAILING ADDRESS 6101 CAPULINA AVENUE MORTON GR()\/B, ILLINOIS 60053 CONTACT PERSON: VILLAGE ADMINISTRATOR POLICE NUMBER (NOT 911) FIRE DEPARTMENT(NOT 911) VILLAGE OF MORTON GROVE MORTON GROVE PARK DISTRICT . MORTON [}I{(}\7E HOURS OF OPERATION MONDAY TUESDAY VV8DNESI)/\ SATURDAY THURSDAY FRIDAY SUNDAY 12:00 PM - 11:00 PM Ian 05 10 12:31p All Around 8157251313 P•6 0 This pass is good for unlirnitcd rides on,"kll ArOUndAMLLscrncnt during the entire carnival, from opcning until closing. You can turn this pass in at the designated area for a wristband that you will receive from All Around. The employee of All Around Amuserneru will secure this band on your wrist and it cannot be removed until closing night. Absolutely no transfers of this band to anyonr; else: or you will lose your band and no refund will he i-vcn. Some rides ha,,,,c age/height restrictions Knd will not be appropriate for every rider. The %vrist- 9 I= band entitles the bearer to Unlimited rides but you must wait in ride lines. Preferential line position is not given to anvone, with or without wristband. ZI I No refund on MEGA PASS after it is purchased for any reason, including, but not limited to: Ride sclection • illness • Rides down for rnairitcnanct a Stapled or taped wristband - Any other rnethod of securing wristband other than the way it was placed on wrist originally Z:� I-j - Loss of Advance Sale Unlimited Ride Ticket or wristband Name: Phone: Age: Nurnhor 'riiis letter must be presented at the specially desif4iiated location at the Carnival to receive the special All Week Wristband 11-1 SOX: AMOUnt Paid S All Around IMUSement, Inc. 3 W. Dition St. 0 LOChPortj 110 0 4 41 rh: 4 815) 725-Z323 4# rz (815) Proposal Cover Sheet To: Village Administrator's Office Village of Morton Grove 6 101 Capulina Avenue Morton Grove, Illinois 60053 From: All Around Amusement, Inc. 21342 W. Division Street Lockport, Illinois 60441 www.allaroundamusementsinc.com Contact Person: Robert Salerno Phone: (815)725-2323 Fax: (815)72_5 Signa Cell phone: (630)417-6360 E mqil: aaaraags@aol.com ADDENDUM "Bly CONTENTS OF REQUEST FOR PROPOSAL ADMINISTRATIVE INFORMATION 1. Contractor: a. Name of contractor b. Address C. Telephone number d. Fax number e. Federal tax identification number f. State sales tax number 2. Insurance: All Around Amusement, Inc 21342 W. Division Street, Lockport, Illinois 60441 (815)725-2323 (815)725-1313 36-4216047 a. Name of insurance company Allied Specialty Insurance of Texas b. Name of insurance agent Eugene Berger C. Address 85 N.E. Loop 410, Suite 600, San Antonio, Texas 78216 d. Telephone number (210)341-1321 e. Fax number (210)341-2050 3. Contractor Qualification Statement: The following statements of experience, personnel, and general qualifications of the contractor are submitted with the assurance the owner can rely on its accuracy and truthfulness. If more space is required for your answers, please attach a continuation sheet(s) to the corresponding proposal response page referencing the item number. a. The company has been in business continuously from (month/year). All Around Amusement has been in business continuously from March, 1998. Page 2 of 9 b. The company has had experience comparable to that required under the proposed contract as a prime contractor for 14 years and/or as a subcontractor for 0 years. C. A list of at least 5 clients with whom you have provided similar services for a carnival. Morton Grove Days - 2009 through 2011 Joe Wade Village of Morton Grove 6 101 Capulina. Morton Grove, Illinois 60053 (847)965-4100 The Town of Cicero Ryan Chlada, 4949 W. Cermak Avenue Cicero, Illinois 60804 (708)656-3600 ext. 258 Back of the Yards Neighborhood Council Craig Chico 1751 W. 47th Street, 2 d Floor Chicago, Illinois 60609 (773)523-4416 ext. 103 Brown County Fair Association Steve Corrigan PO Box 5284 DePere, Wisconsin 54115 (920)371-2379 Village of Oak Lawn Chad Weiler 9446 S. Raymond Avenue Oak Lawn, Illinois 60453 (708)499-7821 Fiesta del Sol Pilsen Neighbors Community Council Claudia Marchan 2026 South Blue Island Avenue Chicago, Illinois 60608 (312)666-2663 ext. 222 Page 3 of 9 d. Describe the general experience of the firm. All Around Amusement is a self-contained operation, which means that we own all rides, games and food. This allows us to come to your festival site, set-up our equipment, run the festival and leave the site clean. We have a large staff to run the festival from opening to closing. All Around Amusement can meet the time requirements set forth by the Morton Grove Days Committee pertaining to bringing in equipment, spotting equipment, erecting equipment, local and state inspections, timely opening to the public, dismantling equipment and removal of equipment. We also provide our personnel background check information to the local Police Department and then follow up with our personnel for Id's, fingerprinting, etc. All Around Amusement can provide ticket sellers for your event, if needed. All Around Amusement also offers Pay One Price wristbands for $20-00 and a Mega Pass for unlimited rides for the entire event. These are offered at $45.00 prior to the event and $50.00 at the event. All Around Amusement personnel will place the wristbands and mega pass wristbands on the patrons, freeing up the ticket box line. There is always an owner or manager on site at all times to answer any questions that you may have. Cell phone numbers are provided prior to the start of the event. e. Describe your experience providing similar services for public sector organizations. All Around Amusement works with various public and private organizations. It is our practice to provide a variety of rides and games for all age groups. We strive to leave the area in which our equipment is located clean nightly and also at the end of the event, as if we personally lived across the street from the festival. All Around Amusement has provided ticket sellersfor different events and also had the organization provide the ticket sellers. It is up to the organization on how they want to handle the ticket sales. We are available for on-site meetings with local trustees and the police department. Page 4 of 9 f. Describe your organization to include staff and resources that will be utilized to provide services sought. All Around Amusement provides uniformed ride attendants and ride foreman on the festival at all times. Training seminars for ride safety operations and customer service are conducted throughout the season. Employees in the games and food are instructed on the operation and customer satisfaction. Criminal background checks are performed on all persons affiliated with All Around Amusement. Drug tests are randomly performed several times throughout the season. All personnel are run through the National Sex Offenders Registry prior to being allowed to work on our midway. Ride and game areas will have the debris picked up nightly with such disposal in designated dumpsters. All Around Amusement does not carry house trailers or bunk houses. No employees will stay at your location. 9. List all engagements the company has undertaken in the last five years which have resulted in: Arbitration or litigation and the disposition of cases. None. 2) Claims being filed by any federal, state or local governmental agency. None. 3) Liens filed by suppliers or subcontractors. List with whom, for what and amount. None. 9. The following fully operational carnival rides, games, shows and concessions will be provided. 1) Rides. A minimum number of 15 rides will be provided. 2) Rides. List each ride by name and provide description. Spectacular Rides: Force 10 - Ride travels slowly, then begins to lift as speed is increased. Upon reaching the top of the boom a tilt cylinder will activate tilting of the center hub until it is parallel with the ground. The hub will then tilt back down, lower the boom and slow the ride. 900 passengers per hour. Height requirement is 48 inches. Page 5 of 9 Giant Ferris Wheel - A carnival staple travels clockwise while taking riders up to over 65 feet in the air. Under 48 inches must ride with an adult. Himalaya - A fast moving ride takes passengers forward and then in reverse. Exciting music, horns, sirens and lights thrill all riders. 1200 excited passengers per hour. Guests must be 42 inches and ride with an adult or 52 inches to ride alone. Orbiter - Ride travels in a clockwise direction at 26 RPM's causing the cars to pivot to approximately 75 degrees of platform. In addition to ride spinning, each car spins. Guests must be 48 inches to ride. 1000 riders per hour Pharaoh's Fury - A giant boat swinging from a pendulum thrills riders again and again. Minimum height required is 48 inches. Super Sizzler - Seated in car while main center pole turns clockwise and cars turn counter clockwise. 720 passengers per hour. Minimum height of 42 inches is required. Yo-Yo - Swing seats attached to a stationary base traveling counter clockwise while the tower tilts, causing riders to swing out. Height requirement is 42 inches. Zero Gravity - Circular ride rotating counter clockwise changing heights rapidly with strong centrifugal forces. 625 to 750 customers per hour. Guests must be 42 to 77 inches tall. Family Rides: Big Witch Dark Ride - Passengers ride in cars going through a series of twists and turns while a variety of tricks scare them. Dizzy Dragon - Colorful, happy dragons are the vehicles for families to ride. A metal steering wheel inside the dragon allows passengers the opportunity to produce the desired spinning action. Ride travels in a clockwise direction with dragons turning in whichever direction the passengers desire. Under 42 inches with an adult Page 6 of 9 Scooby Doo Funhouse - A walk thru for all ages featuring punching bags, maze, spinner disc, sliding walkway and a rolling barrel. Fun Slide - Grab a bag and go! Go over several bumps on the way down ending with happy smiles and giggles. Stretch Raiders - Young and old go through the punching bags, climb the cargo net, go through a rubber band maze, across two suspension bridges and down the slide onto a huge pillow bounce. 800 riders per hour. Kiddie Rides: Dragon Wagon - A gentle roller coaster for children on a friendly looking dragon. 540 Passengers per hour. Guests must be 36 inches and under. Dune Buggy - Dune Buggy travels clockwise and goes over ramps delighting small. children,. Jumping Bean - Kids love watching the movement of the beans as they jump in this enclosed bounce. Merry Go Round - Up and down as they go around while riding on the horses. Mini Jet - Six jets that travel in a clockwise circle while rising into the air and making the children feel as if they were flying. Samba - Space men travel up while ride raises and tilts. Train - Choo! Choo! What child doesn't like riding on the train? Wind Jammer - Inflatable 22' dual slides Ride list is subject to change due to size of area provided for amusements All Around Amusement will provide a variety of rides for all age groups. 3) Games a minimum number of 10 games will be provided. Z-M� 4) Games. List each game by name and provide a description. Balloon Dart - Throw a dart and pop the balloon to win a prize Bank A Ball - Bounce the ball off the backboard to get it into the basket Derby - Race the pigs across the track by rolling the ball into the holes Duck Pond - Grab a duck, everyone's a winner! Grab Bag - Everyone is a winner. Lift the box up and out and you win the prize inside. Long Range Basketball - Shoot baskets to win. Popular with teenagers. Machine Gun - Shoot out the Star and win. Mini Basketball - Make a basket and win. Everyone is a winner! Tubs - Toss the ball into the tub to win a prize. Wiffle Ball - Knock the can over with the wiffle ball and win. 5) Food concession units. List each food concession unit. Chicken on a Stick/French Fries - Chicken Wings, Chicken Tenders, French Fries, Pizza Puffs, Cheese Sticks, Nachos, Drinks Funnel Cake - Funnel Cake, Corn Dogs, French Fries, Nachos, Deep Fried Oreos, Deep Fried Snickers, Drinks Popper - Pop Corn, Cotton Candy, Nachos, Corn Dogs, Hot Dogs, Candy, Lemonade Shake-ups, Drinks 6) Other. List other concessions to be supplied. All Around Amusement provides a minimum of three ticket booths for the primary purpose of carnival tides with a minimum of two Automatic Ticket Dispensers and an ATM. The main ticket booth office is supplied with money counters, money wrappers, calculators and other various office supplies. Tickets and wristbands will be supplied by All Around Amusement with a detailed accounting of all tickets to be used prior to the start of the event. All Around Amusement provides picnic tables and hand washing stations along with park benches placed throughout the midway. All Around Amusement provides 100 posters for advertising of the event. All Around Amusement will donate up to 50 complimentary wristbands to be used during the entire event. Each wristband is valued at $50.00 for a total amount of $2,500.00. 7) Financial. In consideration of the Village authorizing the contractor to supply carnival services, the contractor will pay the Village the following amount of gross carnival receipts. All Around Amusement will pay the Village of Morton Grove Thirty-Five percent of the gross ride receipts Percentage of carnival gross receipts 35% of gross ride receipts. Lq,jslative Summary I Ordinance 11-69 AMENDING THE VILLAGE OF MORTON GROVE UNI FIED, DEVELOPMENT CODE SECTIONS 12-16-3 REGARDING PROCEDURAL CONTROLS AND ZONING VARIATIONS Introduced: Synopsis: Purpose: l0oubrronod: Programs, Departs or Groups Affected Fiscal 3ropout: Source nfFunds: Workload Impact: Admin Recommend: Second Reading: Special Consider nr December 12, 2011 This ordinance will approve text umcndmenta 10 amend the Unified Davc|opmen1Cndc to allow anexpunsionofvoriu1iona that muIhcconsidorcdbyihc�nnin� Board o[Appeals. ` To allow ancxnunyionofvaha1ions that moyhc considered hv the Zonin� Board of/\ppeo|y. The UnifiedUeve|opmcn1 Code (OD()isaoomprehensivc set of re |cUionsfnrthuzoningof land arid dcvdopmentof parcels vviihin tile ViUu�c. CunenUy` the UDC uUo»vsu|imi1ed numbero[ types ofnoriudons the Zonino Board ofAppco|s(ZB&)muyhear. 'Tile Village, os the upp|ioun1` has uuhmiUedarrqucs1 for unomcndmcntto allow the ZBA{000nsidurowide variety of zorifflo, variatioris. Based on sba[[ review of' zonino ruquirCmcNs M-011 other onmmuni1ics reviewed, some oommunitics provided |imited variation powers 10 their ZB/\s` v�hi|c others allow o wide variety simi}a«to the pnoposcdomendrnenis. Ncvcdho\css` the ZB/\ vvouid retain aianifiuunt discretion in their review nf, znnina variations due to the standards arid rcquincmenis for variations in the UDC. This topic was disouasud by the P|nn Commission at a public huurn(T arid recorniiierids approval ofthese arrieridriiei-its. Staff also SUPPOrtS this charige. BuiNinaund |nspectionu| Services. arid Communi<yand Eoonomio Dcvc\opmentDcportmorits These on cndn1cot will be imp|omon1cd by the QiruotorofComnnunih/ Qcvo|nprnunL and the Bui|ding[)epm1mcnt ill tile normu| onuryco[businCIIas. Approval as preserited None Submitted by: Josepi�F-. W�de, Village Administrator Prepared by: Flevicvvcd by 44 ; 4,tin Cn oration Counsel ]oho-- Said_ nornic Development Director ORDINANCE 11-69 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 tinder 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, tl 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 (Trove 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, 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 November 30, 2011 . a copy of which is attached hereto and made a part hereo f and marked as Exhibit "A", and WHEREAS, the Corporate Authorities have Concluded the amendments to eliminate some limitations on zoning variations that may be heard by the Zoning Board of Appeals are appropriate and consistent with the intent of the variation procedures, and will allow for greater flexibility and creativity in the use of variations while also retainino appropriate discretion of the Zoning Board of Appeals within the Village, and WHEREAS, the Corporate Authorities have considered this matter at a public meeting and find the text amendment, when evaluated in the context of the whole Village. serves the public good. WHEREAS, the Village is desirous of assuring all policies are kept current and relevant. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COtjN'I-'Y, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: 'The following section of the Unified Development Code, 12-16-3, entitled "Procedure for " Zoning Board of Appeals is hereby amended: I 121-16-3: 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 some exceptional ph.),,sical conditions which poses, practical difficulty or unnecessary hardship in such a way as to prevent an owner from using his property as intended by this title. .- I .. , I ,,A I f, t -� -C 1;,� C -C, -eseen The vafiation pFeeedure is intendt44-) pir,(3vilude Lat F L �- U I I I %., LA I 10 1 1 �., I I pai:tieulm applications of this title whei-e binnee-�ess"i-Fy 1H." "I'Ciships %or piffl­.-Ai... difl�eulties are eFeated. 1. Authorized Variations: The zoning board of appeals shall publicly hear and have the authority to vary zoning district re"L11,111011S Set forth III this title ill the 141" VV ILI& instanees and ne others-. , includinc,, but not linfited to, thefiolloii)ina exanil)les: (a. through no changes) k. Fencing and Screening: To permit modification of the- k�; I _1 ­f of screening and 1'encing requirements in all districts 1or parcels containing permitted use. (I. through o.-, no changes) SECTION 3: The Corporate Authorities, in particular the Village Clerk, are hereby authorized Z� I and directed to amend all pertinent records of the Village of Morton Grove to conform to this text Z_ amendment. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, L_ approval and publication in pamphlet form according to law. zn PASSED thi's 9"' day of.lanuary 2012. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus 'Trustee Thill Trustee Toth APPROVED by me this 9"' day ol".1allUary 2012 Daniel J. Staackmann, Village President Villa()e of Morton Grove Cook County. Illinois APPROVED and FILED iii my office this 10"' day of January 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Wo Village of &Uorton Cjrove Planning Commission onin n A ®f ftl Village President and Board of Trustees John D. Said, AICP, Director of Community Developm Date: November 30, 2011 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 Deport Public Notice was provided for the public hearing for this request in accordance with applicable requirements. A public notice was published on November 3, 2011. As this request is for a text amendment, not a request for a specific Site, no public notice signs or notification letters were required. On November 21, 2011, a public hearing was conducted by the Morton Grove Plan Commission after notice for this public hearing was duly provided, as noted above, for Plan Commission case PC11-13. PC11-13 consists of a request by the Village of Morton Grove for text amendments to Section 12-16-3 of the Unified Development Code (UDC) to allow modifications to the language for "Authorized Variations ff . Director of Community Development and Village Planner John D. Said introduced the case on behalf of the Village. He reviewed details of the request, including the proposed text amendment language, Mr. Said explained the language in the UDC, as currently written, allows variations only for specific types of requests. For instance, the language currently limits review of fence variations to consideration of height. These restrictions limit the administrative review capabilities of the Zoning Board of Appeals to a finite number of situations. 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. The Zoning Board can also request recommendations from Village Staff concerning variation requests, should they deem it necessary or appropriate. 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. During a discussion with the Commission, Mr. Said noted other possible changes to the Project Approval Process language will be brought to the Commission for 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. Richard T. Flickinger Municipal Center 6101 Capulina Avenue - Morton Grove, Illinois 60053-2985 Tel: (847) 965-4100 Fax-1: (847) 965-4162 Findings of Fact — Text Amendment Mr. Said provided testimony to the applicable standards for amendments in Sec. 12-16-4 —E of the UDC. The proposed text amendments will be enfit the Village as a whole and does not confer special rights upon the applicant (the Village), as only the review process changes based on this request. Further, the Village does not have a particular hardship that this amendment will address; this is rather intended to clarify review procedures and requirements. Text Amendment Language The Plan Commission recommends approval of the following (new language is boldanditaficized, while language to be omitted is tid,, thrqt4o): irz 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 ptional ph conditions which poses practical difficulty or unnecessary hardship in such a way as to prevent an owner from using his property as intended by this title. 1. Authorized Variations: The zoning board of appeals shall publicly hear and have the authority to vary zoning regulations set forth in this title i,P th-e fallevAng iAQf;1nP-'-nC nmri nA r)fharc. including, but not limited to, the following examples: (a. through j.; no changes) k. Fencing and Screening: To permit modification of the height of screening and fencing requirements in all districts for parcels containing a permitted use. Commission Recommendation It was moved, and seconded, to recommend approval of the Text Amendments as requested, The motion carried: Yes 5; No 0; Absent 1 The voting: Chairman Farkas Aye Commissioner Blonz Aye Commissioner Dorgan Absent Commissioner Gabriel Aye Commissioner Roepenack Aye Commissioner Shimanski Aye I?