HomeMy WebLinkAbout2013-06-10 Agenda1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4.
5.
6.
7.
8.
Approval of Minutes —
Special Reports
Public Hearings
June 10, 2013
7:00 pm
Regular Meeting of May 13, 2013
Special Meeting of May 29, 2013
Residents' Comments (agenda items only)
President's Report — Administration, Northwest Municipal Conference, Council of Mgvors, Strategic
Plan, Comprehensive Plata
a. Proclamation — Terry Selzer Day —.June 10, 2013
b. Commission/Board appointment is requested as follows:
Economic Development Commission Daniel Metz
Finance Advisory Commission William McFadden
Economic Development Commission Teofii Scorte
C. Administrative Appointment for Calendar Year 2013 Nancy Radzevich as Director of
Community and Economic Develop.
d. Resolution 13 -32 (Introduced dune 10, 2013)
Authorizing the Appointment of Delegates to the Northwest Municipal Conference
e. Resolution 13 -34 (Introduced June 10, 2013)
Authorizing the Appointment of a Delegate and Alternate Delegate to the Illinois Municipal
Retirement Fund
Richard T. Flickinger Municipal Center
6101 Capulina Avenue o Morton Grove, Illinois 60053 -2985
Tel: (847) 965 -4100 Fax: (847) 965 -4162
Recycled Paper
9. Cleric's Report — Community Relations Commission
10. Staff Reports
a. Village Administrator
1) Miscellaneous Reports and Updates
b. Corporation Counsel
H. Reports by Trustees
a. Trustee Grear — Fire Department, Emergency Management Agency, RED Center, Fire and
Police Commission, Community and Economic Development Department, Economic
Development, Chamber of Commerce (Trustee Kalogerakos)
7) Resolution 13 -36 (Introduced June 10, 2013)
Authorizing the Purchase of a Manual External Cardiac Monitor /Defibrillator
b. Trustee Kalogerakos —Police Department, Legal, Plan Commission /zoning Board ofAppeals,
NIP,STA, Fire and Police Commission (Trustee Great)
1) Ordinance 13-64 (Introduced May 29, 2013) (Second Reading)
Amending the Village's Unified Development Code, Sections 12 -7 to Modify the
Computation of Parking Spaces, the Collective Parking Provisions, and Parking
Requirements for Selected Commercial Uses
2) Resolution 13 -41 (Introduced June 10, 2013)
Authorizing the Disposition of Unclaimed Bicycles Recovered by the Morton Grove Police
Department
C. Trustee Marcus — Advisory Commission on Aging, Family and Senior Services Department,
Finance Advisory Commission, Condominium Association (Trustee Toth)
d. Trustee Pietron — Appearance Commission, Building Department, Real Estate Committee, IT
Communications (Trustee Thill)
1) Ordinance 13 -06 (Introduced June 10, 2013) (First Reading)
Authorizing the Renewal of a Non - Exclusive Cable Television Franchise Agreement By
and Between Comcast of Illinois VI, LLC and the Village of Morton Grove
e. Trustee Thill — Public Works Department, Solid Waste Agency of Northern Cook County, Traffic
Safety Commission, Waukegan Road TIF, Lehigh/Ferris TIP, Dempster Street Corridor Plan
(Trustee Pietron)
1 } Ordinance 13 -07 (Introduced.fune 10, 2013) (First Reading)
Establishing the Prevailing Rate of Wages for Laborers, Mechanics and Other Workers in
the Village Employed in Performing Construction of Public Works for the Village
l 1. Reports by Trustees (continued)
e. Trustee Thill (continued)
2) Resolution 13 -38 ( Introduced June 10, 2013)
Authorizing the Sale of Surplus Personal Property Owned by the Village of Morton Grove
3) Resolution 13 -39 (Introduced June 10, 2013)
Authorizing the Execution of a Contract with Insituform Technologies, Inc. for the 2013
Sewer Lining Program
4) Resolution 13 -40 (Introduced June 10, 2013)
Authorizing the Amendment to the Village of Morton Grove Public Works 2013 Budget
5) Resolution 13 -33 (Introduced June 1 Q 2013)
Appointing a Director and Alternate Director to the Solid Waste Agency of Northern Cool:
County
6) Resolution 13 -35 (Introduced.Iune 10, 2013)
Authorizing the Appointment of Delegates to the Intergovernmental Personnel Benefit
Cooperative
f. Trustee Toth — Finance Department, Capital Projects, Environmental health, Natural Resource
Commission (Trustee Marcus)
12. Other Business
13. Presentation of Warrants — May 27, 2013 $ 840,858.77
June 10, 2013 $ 201.875.01
Total $1,042,733.78 (to be presented by Trustee Thill)
14. Residents' Comments
15. Executive Session -- Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate
16. Adjournment -To wrsurefull 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 thesefacllities, are requested to contact Susan or Marlene (8471470 -5220)
promptly to allow the Village to make reasonable accommodations.
,.,
I & Village President Dan Staackmann called the meeting to order at 7:00 p.m. and led the
il. assemblage in the Pledge of Allegiance. He then directed the Clerk to call the roll
III. Village Clerk Tony Kaiogerakos called the roll. Present were: Trustees Dan DiMaria,
Larry Gomberg, Bill Grear, Shel Marcus, John Thill, and Maria Toth.
IV. APPROVAL OF MINUTES
Regarding the Minutes of the April 22, 2013 Regular Board Meeting, Trustee DiMaria moved,
seconded by Trustee Grear, to accept the Minutes as presented. Motion passed
unanimously via voice vote.
V. SPECIAL REPORTS
NONE
V1. PUBLIC HEARINGS
NONE
Vll. RESIDENTS' COMMENTS (Agenda Items Only)
i
VIII. PRESIDENT'S REPORT
Mayor Staackmann proclaimed May 15, 2013 as "National Peace Officers Memorial Day',
noting that this day has been established to honor the over 19,000 federal, state, and local law
enforcement officers in our nation's history who have made the ultimate sacrifice for the safety
and protection of our nation and its people. He called upon all patriotic, civil, and educational
organizations to commemorate police officers, past and present, who render such dedicated
service to their communities.
Minutes of May 13p 2013 Hoard Meeting
Vlll. PRESIDENT'S REPORT (continued)
2. Mayor Staackmann also reported the sad news that Nick Katz, a long -time journalist covering
the Morton Grove area for the Morton Grove Champion, has passed away. The mayor said
Mr. Katz was a dedicated journalist, adding this is truly a loss for the Village.
IX. CLERK'S REPORT
Clerk Kalogerakos presented Resolution 13 -29, Accepting the Canvass Results and Proc-
lamation For the April 9, 2013 Consolidated Election.
2. The results of the April 9, Consolidate Election were:
For the
office
of Village
President:
1,925
for Daniel P. DiMaria; 829 for Larry Gomberg
For the
office
of Village
Clerk:
2,189
for Edilberto Ramos
For the
office
of Village
Trustee:
2,109
for Bill Grear
2,065
for Tony Kalogerakos
1,966
for John Pietron
For the
office
of Library
Trustee:
1,750
for David Calimag
1,849
for Barbara Novick
1,701
for Carlotta Gonzales
Trustee Toth moved to approve Resolution 13 -29, seconded by Trustee Thill.
Motion passed: 6 ayes, 0 nays.
Tr. DiMaria afire Tr. Gomberg aae Tr. Grear afire
Tr. Marcus acre Tr. Thill a ee Tr. Toth aave
X. STAFF REPORTS
A. Village Administrator
Village Administrator Ryan Horne reminded the assemblage that the May 27`h Board Meeting
has been cancelled due to the Memorial Day holiday. The next regularly - scheduled Village
Board Meeting will be at 7:00 p.m. on June 10, 2013.
B. Corporation Counsel'
Corporation Counsel Liston had no report.
XI.
A. Trustee DiMaria:
TRUSTEES' REPORTS
Trustee DiMaria had no report, but congratulated his fellow Trustee, Shel Marcus, on receiving
the Harvey Firestone Commitment to Community award from B'nai Brith for "continually
demonstrating his commitment to his community and beyond." Trustee DiMaria led the
assemblage in a round of applause for Trustee Marcus on this well - deserved award.
Minutes of May 13 2013 Board Meeting,
XI. TRUSTEES' REPORTS (continued)
B. Trustee Gomberg
Trustee Gomberg had no formal report. He congratulated the new Board members on their
victories. He said he'd known each for a long time and was happy to call them friends, adding
that he was glad that he didn't let politics get in the way of his friendships. He said that he will
continue to be active in the community and accessible to the public. Trustee Gomberg said he
had passed on his campaign ideas to Mayor DiMaria and hoped they would be considered. He
wished everyone good luck, good health, and best going forward.
Trustee Gomberg also congratulated Trustee Marcus on his well - deserved award, and
expressed his condolences to the family and friends of Calvin R. Sutker on his passing.
C. Trustee Grear.
Trustee Grear had several announcements:
On May 18, the Economic Development Commission will hold a free Health and Fitness Expo
at the Civic Center from 11:00 a.m. to 2:00 p.m. He encouraged everyone to attend.
On June 7, the Economic Development Commission begins its summer series of classic car
shows at Prairie View Shopping Center. A DJ will be on hand to ensure that a good time is
had by all.
On June 12, the Morton Grove Chamber of Commerce holds its annual golf outing at Chevy
Chase, with a shotgun start at 11:00 a.m. Golfers can take advantage of early bird prices if
they register their foursome by May 31. If you can't make it to the golf outing, there's a dinner
afterwards for $40. Just call Debbie at the Chamber at 847- 965 -0330 to reserve a spot.
Trustee Grear thanked
Mayor Staackmann and
Trustee Gomberg
for their years of service to
the Village, and for the
assistance they offered
him when he was a new trustee.
D. Trustee Marcus:
Trustee Marus presented Resolution 13 -30, Authorizing the Execution of a Contract With
Arrow Road Construction Company for the 2013 Street improvement Program.
He explained that the current street improvement program includes the resurfacing and
ancillary improvements on 39 streets. Four bids were received, with Arrow Road Construction
Company determined to be the lowest responsible bidder. Their proposal was $286,072 less
than the Village Engineer's estimate of cost. The bid process conformed with the Village's
purchasing requirements. The contract value is $1,681,168, 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, seconded by Trustee Toth, to approve Resolution 13 -30.
Motion passed: 6 ayes, 0 nays.
Tr. DiMaria acre Tr, Gomberg aye Tr. Grear aye
Tr. Marcus acre Tr. Thill afire Tr. Toth afire
XI.
D. Trustee Marcus: (continued)
TRUSTEES' REPORTS (continued)
Minutes of May 139 2013 8nard Meatin °':
Trustee Marcus commented that it was nice to have such a big crowd in attendance for
tonight's Board meeting. He congratulated the new Board members, noting that "this is what
America's about... elections... people serving... the government moves on ".
Trustee Marcus congratulated Trustee Gomberg on how well he has served the community in
his two terms as Trustee. He wished Larry well and urged him to continue to be an active part
of the community.
Trustee Marcus acknowledged Trustee DiMaria, Corporation Counsel Liston, Village
Administrator Horne, and Trustee Grear for attending his award ceremony; stating that he
was humbled by them being there and by receiving the award.
Trustee Marcus thanked Dan Staackmann, whom he has known for a long, long time. He said
he respects Dan's viewpoint and his efforts. Trustee Marcus noted that, in 2009, when
Staackmann was first elected, the economy was in a terrible state and communities all over
were suffering. Under Dan's leadership, Morton Grove did not miss a beat. Vital services were
maintained, and the Board didn't raise property taxes. He congratulated Mayor Staackmann
on his accomplishments.
E. Trustee Thill:
Trustee Thill had no report, but promoted the Historical Society's book, A History of Morton
Grove. He said it was a wonderful book, with many really great pictures, and it's being offered
by the Historical Society for only $15.
F. Trustee Toth:
Trustee Toth had no report.
X(l. WARRANTS
Trustee Toth presented the Warrants for May 13, 2013 in the amount of $1,223,913.91. She
moved to approve the Warrants, seconded by Trustee Thill.
There was no discussion on the Warrants.
Motion passed: 4 ayes, 0 nays, 2 abstain.
Tr. DiMaria abstain Tr. Gomberg aye Tr. Grear abstain
Tr. Marcus aye Tr. Thill aye Tr. Toth aye
Minutes of MaY 13, 2013 Heard Meetin ";
XIII. OTHER BUSINESS
1. Swearing -In Ceremony
a. The Honorable Jordan Kaplan performed the swearing -in ceremony for Clerk Ed Ramos,
Village Trustees Bill Grear, Tony Kalogerakos, John Pietron, and Village President Dan
DiMaria.
b. Judge
Kaplan said that Morton
Grove is fortunate that it has
residents like these who will
devote
their time and energy to
the Village, and he thanked
each of them for serving.
c. Mayor DiMana then presented awards to former Mayor Dan Staackmann and former Trustee
Larry Gomberg. He said that both men's hearts are "100% for Morton Grove' and both have
served the Village in many ways, both seen and unseen. He said he knows they both will
continue to love and serve the Village. Mayor DiMaria led the assemblage in a round of
applause for Dan Staackmann and Larry Gomberg.
d. He then presented an award to Mr. Gomberg for his commitment and service to the Village
in his two terms as Village Trustee, from the citizens of the Morton Grove and his grateful
colleagues.
e. Mr. Gomberg thanked everyone and wished everyone well.
f. Next, Mayor DiMaria thanked Mr. Staackmann for his years of service on the Village Board, as
Trustee and Village President, and his years of service on the Morton Grove Park Board. He
has served Morton Grove well. Mayor DiMaria presented him with a bronze gavel.
g. Mr. Staackmann said he had faith the Village would carry on in the tradition of "the citizens
come first ", and said he's loved every minute of his years of service to the Village.
h. Next, Fire Chief Tom Friel recognized the three mayors present this evening: Mayor Krier,
Mayor Staackmann, and Mayor DiMaria. On behalf of the fire service, he presented Mayor
Staackmann with a white helmet, a symbol of leadership in the 200 years of service and
tradition of the Fire Department.
Police Chief Mark Erickson thanked Mayor Staackmann for appointing him chief, and said he
has truly appreciated the confidence the mayor had in him. He said that Mayor Staackmann
has thanked the Police Department on many occasions for the job they do, and said he was
honored to have had his support over the past four years and to be able to thank him on be-
half of the entire department for his help. Mr. Staackmann encouraged everyone to work with
Police Department to get them a proper facility to do the job they do, and asked the
community to "step up to the plate." He noted that a new police facility cannot be put off any
longer, and asked everyone to support the Board, and support the Police Department.
Chief Erickson also thanked Trustee Gomberg for his service as Police Department liaison
over the last two years, and said you would never find anyone who works harder. He thanked
him for a job well done.
XIII.
.. Minutes of May 18 201'3 Board Meeting
OTHER BUSINESS (continued)
k. Mayor Staackmann also wanted to recognize Representative John D'Amico who works hard
for the Village, and Al Curtis, who is Lou Lang's point person. He commented that, when the
Dempster Street funding was "pulled ", Lou Lang and John D'Amico were the ones who got it
reinstated so that the work on Dempster Street could be completed.
2. Remarks from Board Members
a. Trustee Grear thanked the residents for giving him the opportunity to serve the Village again,
and promised to work even harder this time. He thanked the Village staff for showing him the
ropes, and thanked his fellow Board members, all of whom have been a huge help to him. He
said he grew up with Dan Staackmann and hoped they would stay friends. Trustee Grear said
it was an honor to have Representative D'Amico and former Mayor Rick Krier in attendance
tonight, as well as Niles Trustee Joe LoVerde, and the Niles Police Chief. He thanked every-
one who helped him get elected. He thanked his mother and his family of 10, and singled out
his children, Dominick and Renee (Deanna is in Denver), and thanked his wife of 31 years,
Janice, for allowing him to serve the Village. Trustee Grear noted that being a trustee takes a
lot of time away from one's family; it's a sacrifice, and he said he truly appreciated his wife and
his family.
b. Trustee Kalogerakos said it had been a pleasure to work with Trustee Gomberg; praising his
Professionalism and helpfulness, and the respectful campaign he ran. He thanked Mayor
Staackmann for being a good mayor. He said he looked forward to working with the new
Board, noting that they might have differences, but they would always be working for the good
of the residents of Morton Grove. Trustee Kalogerakos thanked his family, friends, neighbors,
in -laws, mothers, and his new wife (and new mother- to -be) stating that he was blessed.
C. Trustee Marcus said it's a privilege and honor to serve the people of this community. He said
he was sure this Board will work just as hard as the last Board and each will have the best
interests of the residents at heart.
d. Clerk Ed Ramos said that he's nervous and excited, especially since he's the rookie on the
Board. He assured everyone he will work hard to be one of the best Village Clerks ever. He
thanked his family and friends and his wife. He acknowledged in the assemblage this evening
his wife, Rebecca, his son, Ed Ramos, Jr., his friends Rey and Dr. David Calimag, and
Mrs. Eileen Coursey from the Park District. He thanked all of his friends and supporters who
helped him get elected. He said he was grateful to the officers and Board members of the
Action Party who slated him to run for this position. He said he will not let either the Action
Party or the residents of Morton Grove down.
e. Trustee Pietron said it was a privilege to be elected and he looked forward to working with
staff and fellow Board members, noting that there is a lot to learn in this position. He singled
out his wife, Jan, for her support over the past 41 years. He thanked everyone.
Xlll.
OTHER BUSINESS (continued)
Minutes of May 13 2013 Board Meetia'gt
f. Trustee Thill said the past Board had a full plate and had done an outstanding job. We have
an outstanding team in place to deal with the next "full plate "; he said, let's keep moving
Morton Grove forward.
Trustee Toth thanked Larry Gomberg for his guidance and mentorship, and thanked
Dan Staackmann for the privilege of being appointed by him to serve the Village. She
congratulated the new Board members and said she was thrilled to be working with them.
h. Mayor DiMaria thanked the residents; he said he was humbled and grateful for all the support
he's received and said he realizes the trust and responsibility the voters have placed in him.
He said he wouldn't let anyone down. He noted that the Village is on stable ground because
of the work done by the late Mayor Dan Scanion; Mayor Staackmann, and Mayor Krier.
He acknowledged previous Village Clerks Wilma Wendt, Eileen Coursey, and Marilyn Sneider,
as well as former Village Trustees Don Sneider, Jim Karp, Steve Blonz, Dale Senensky, Rita
Minx, Georgianne Brunner, and Terry Liston —all of whom have done a tremendous job in
"laying the foundation" for the Village today. He said the decisions these people have made
"set the stage" for the work the new Board will do.
Mayor DiMaria thanked his family and his wife, because without them, he wouldn't be able to
do this. He noted that the election was won because of teamwork, and emphasized that that
teamwork must continue. He said it's the Board, the Commissions, and the Village staff work-
ing together that will make Morton Grove a more vibrant community.
XIV.
Mayor DiMaria said he was sure he would make mistakes and asked people to let him know
when they think he does so. He said he will and the Board will listen. Mayor DiMaria said he
believes in being positive; he will listen to constructive criticism and will always listen to
peoples' recommendations. There are many challenges facing the Village but he said he was
excited about Morton Grove's future. He added that the Village will be even more exciting in
four years than it is now. He said people should feel comfortable calling him or his fellow
Board members with both problems and ideas. He encouraged everyone to work together to
get Morton Grove thriving. This is not the new Board's night —it's Morton Grove's night!
RESIDENTS' COMMENTS
NONE
XV. ADJOURNMENTIEXECUTIVE SESSION
Trustee Grear moved to adjourn the Meeting. Trustee Thill seconded the motion. \
Motion passed: 6 ayes, 0 nays.
Tr. DiMaria aave Tr. Gomberg aye Tr. Grear afire
Tr. Marcus aye Tr. Thill acre Tr. Toth aave
The meeting adjourned at 7:54 p.m.
PASSED this 10th day of June, 2013,
Trustee
Grear
Trustee
Kalogerakos
Trustee
Marcus
Trustee
Pietron
Trustee
Thill
Trustee
Toth
APPROVED by me this 10th day of June, 2013.
Daniel P. DiMaria, Village President
Board of Trustees, Morton Grove, Illinois
APPROVED and FILED in my office this 11th day of June, 2013,
Edilberto Ramos, Village Clerk
Village of Morton Grove, Cook County, Illinois
Minutes of May 13,'2013 Board Meeting':
Mmutes by Teresa Cousar
• "
MINUTES OF THE MAY 29, 2013, 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 5:02 pm by Mayor Daniel P. DiMaria who led the assemblage in the pledge of
allegiance. Clerk Ed Ramos called the roll. In attendance were:
Elected Officials: Mayor Daniel. P. DiMaria, Trustees Bill Great, Tony S.
Kalogerakos, Sheldon Marcus, John Pietron, John Thill, and Maria
Toth
Absent: None
Village Staff: Village Administrator Ryan J. Horne, Corporation Counsel Teresa
Hoffman Liston, Assistant to the Village Administrator Peter
Falcone, Police Chief Mark Erickson, Building Commissioner Bill
Porter, Fire Chief Tom Friel, Public Works Director Andy
DeMonte, Village Engineer Chris Tomich, Finance
Director /Treasurer Remy Navarrete, IT Director Boyle Wong
Also Present: Members of the public and press
Plan Commission Chairperson Ron Farkas gave a report regarding Plan Commission Case No
PC13 -03. This case was heard at the Plan Commission public hearing held on May 20, 2011
Village Staff had recommended an ordinance change to the Unified Development Code to
modify the way the Village calculates requirements for off - street parking. The revised code
would apply a formula when multiple businesses share a parking lot. The formula is based on the
type of business, and any peak hours of usage. Formulas that result in a fraction are rounded
down if they are less than a half a percent or rounded up if they are more. The purpose of the
ordinance is to be business friendly. The Plan Commission has recommended passage of this
code modification by a vote of 5 to 1. Chairperson Farkas voted against this recommendation
because he wanted to see the application, and thought the ordinance, as written, was too
complicated. A general discussion ensued. Trustee Great then move to accept the Plan
Commission's recommendations. The motion was seconded by Trustee Thill and approved
unanimously pursuant to a voice vote.
Trustee Toth
introduced Ordinance
13 -04,
which
approves
the modifications to
the Unified
Development
Code as requested in
PC
13 -03.
It
was noted
this was a first read
for this document.
Richard T. Flickinger Municipal Center
6101 Capulina Avenue • Morton Grove, Illinois 60053 -2985
Tel: (847) 965 -4100 Fax: (847) 965 -4162
Recycled Paper
Trustee Toth then introduced Ordinance 13 -05 approving the issuance of an installment sale note
and bonds for the purchase of 8300 Lehigh Ave. Staff requested the second reading of this
ordinance be waved, as the closing for the property was set for May 30. Trustee Toth moved to
waive the first reading, the motion was seconded by Trustee Grear and approved with Trustee
Toth voting no and Trustees Grear, Kalogerakos, Marcus, Pietron and Thill voting yes. Trustee
Toth then moved to approve ordinance 13 -05. The motion was seconded by Trustee Grear.
Trustee Pietron then asked several questions regarding the structure of the bond. A general
discussion ensued. Clerk Ramos then called the roll, and the motion was passed unanimously.
Village Administrator Ryan J. Horne then began a presentation for the newly elected trustees.
He stressed the importance of open communication and suggested whenever trustees had an
issue or concern that they should speak directly with the Village Administrator. This method of
communication would allow the Village Administrator to be aware of all of their concerns and
address them effectively. He noted the relationship between the Village Administrator and
Village Board should be based on trust, confidence, and respect.
Fire Chief'T'om Friel give a brief history of the Fire Department which was founded in 1904 as a
volunteer fire company. The department became a professional full-time agency in 1965.
Currently, the department is run by a chief, captain, two full -time administrative personnel, and a
part-time civilian fire safety inspector. The department has three district chiefs, six lieutenants,
and 30 sworn firefighters, most of whom are also paramedics. One of the Villages' fire engines
needs to be replaced. The Village will continue its cooperation with neighboring Fire
Departments. The Chief informed the Board the Illinois State Fire Marshal may be
implementing safety codes which will include more stringent requirements for sprinklers. The
Village receives $500,000 annual revenue from ambulance fees and $190,000 in annual fire
alarm fees.
Chief Erickson then provided on overview of the Police Department. The department is divided
into three divisions: field, service support, and administration. The department also participates
in numerous local intergovernmental task forces where resources, training, and expertise are
shared and used effectively. Chief Erickson noted the department has approximately 60,000
contacts per year with citizens. Approximately two people are arrested every day for
misdemeanors, and annually the department writes 8,000 local ordinance and 4,500 traffic
citations. Recently, the village's dispatch operations were moved to Glenview resulting in a
savings of approximately $400,000 - $500,000 annually. The department is in need of additional
space. A space needs study has recently been completed. The department currently has 45
sworn officers and 16 civilian employees.
Nancy Radzevich then gave an overview of the Village's zoning administration and community
development procedures. Herjob includes interpreting the Village's zoning ordinances which
includes reviewing all zoning permit applications, and research proposed amendments to the
Village's Unified Development Code. Ms Radzevich also administrates the Village's sign code
program and is the liaison employee for Plan Commission cases and the Economic Development
Commission. She then provided an overview of the Village's economic development process.
She noted the Village wanted to be business friendly and proactive when it came to economic
development. Over the next 12 to 24 months the Villages will look toward updating its
marketing program, targeting business retention and recruitment, and take steps to revitalize and
redevelop the Village's commercial areas.
Captain Bill Porter then gave an overview of the Building Department. He noted many of his
functions overlap Community and Economic Development Department and he works well with
Nancy Radzevich. He explained the organizational structure of the Building Department which
included outsourcing of plan review and inspectional services, property maintenance division,
permit division, and public safety. He then provided an introduction to his staff members and
gave a brief explanation of their responsibilities.
Boyle Wong then provided an explanation of the Village's hlformation Technology programs
and Resource. Information technology is designed to give the Village the tools it needs to get the
work done, and to make sure these tools are maintained effectively. His challenges include
meeting user expectations and needs especially with respect to modernizing the Village's
technology for mobile applications, and to review network resources. In many ways, Mr. Wong
stated the Village was outgrowing its resources. He also noted the Village had improved its
media communications from its website, Facebook, e -news letter, cable TV, and YouTube.
Mr. Horne then stated given the late hour, he recommended the orientation be continued to June
10, 2013.
Trustee Kalogerakos moved to adjourn the meeting to 6:00 pm on June 10, 2013. The motion
was seconded by Trustee Thill and approved unanimously pursuant to a voice vote at 6:59 pm
Minutes by: Ed Ramos, Village Clerk
Village of ICJ o r t-on Grove
WHEREAS, from the earliest days in the Village of Morton Grove's history, a spirit has existed
within the community that has grown from its various citizens; and
WHEREAS, Terry Selzer exemplifies and embodies this spirit by being a resident for more than
sixty years; and
WHEREAS, Ms. Selzer drove many seniors around our 'fine Village before there was a program
for helping and driving seniors to their various appointments; and
WHEREAS, Ms.
Selzer also delivered meats on wheels to
seniors throughout the
Village; and
WHEREAS, Ms.
Selzer diligently ran the "lending closet"
out of her own garage
so individuals
could have easy access to wheel chairs and various pieces of medical equipment at no charge; and
WHEREAS, Ms. Selzer has proven, by working together and giving of one's time and talents that
lives can be changed and improved; and
WHEREAS, it is only fitting that a grateful community would honor such an individual who has
donated their energy and strengths to make our wonderful community an overall better place to live,
work, and raise a family.
NOW. THEREFORE, 1, Daniel P. DiMaria, President of the Village of Morton Grove find it fitting
and appropriate to hereby proclaim .tune 10, 2013, as
TERRY SELZER DAY
as a tasting reminder of this outstanding individual who has shown great courage and strength.
May Ms. Selzer's spirit inspire others to become more engaged in the Village as we all continue to work
toward building a community for a better tomorrow, because coming together is a beginning, keeping
together is progress, and working together is success.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be
affixed the seat of the Village of Morton Grove.
Daniel P. DiMaria, Village President
Le _eislative Summary
r--
Resolution 13 -32
AUTHORIZING THE APPOINTMENT OF DELEGATES
TO THE NORTHWEST MUNICIPAL CONFERENCE
Introduced:
Synopsis:
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
First Reading:
Special Considerations or
Requirements:
,Tune 10, 2013
To authorize the appointment of a delegate and alternate delegates to the
Northwest Municipal Conference (NWMC).
NWMC requires the appointment of a delegate and alternate(s) to the
NWMC Board.
The Village is a member of the Northwest Municipal Conference (NWMC).
The Mayor is the delegate and if he is unable to attend and represent the
Village in NWMC Board matters, alternate delegates are needed to represent
the Village. This resolution designates the Village Administrator and a
selected Village Trustee as the alternate delegate(s).
Administration and Legislation Departments.
Not applicable.
Not applicable.
Participation in the NWMC is performed as part of normal work activities.
Approval as presented.
Not required.
None.
Prepared by and Respectfully Submitted: _
Teresa Ho vnau'`L t ii, Corporation Counsel
r
RESOLUTION 13 -32
AUTHORIZING THE APPOINTMENTS OF DELEGATES
TO THE NORTHWEST MUNICIPAL CONFERENCE
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is 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 of Morton Grove adopted the contract and by -laws of the Northwest Municipal
Conference by ordinance and thereby became a member; and
WHEREAS, said participation at the monthly Northwest Municipal Conference Board meetings allows
for one voting delegate to vote on behalf of the municipality which shall be the Mayor. In the absence of Mayor
Daniel P. DiMaria, the Village Administrator and /or a designated Village Trustee may cast a vote for the
municipality.
NOW, THEREFORE, BE IT RESOLVED by the Village of Morton Grove, Illinois that Ryan J. Horne,
Village Administrator and Trustee Bill Grear of the Village of Morton Grove are hereby appointed to represent
the Village of Morton Grove on the Board of the Northwest Municipal Conference commencing on June 10,
2013.
BE IT FURTHER RESOLVED that Ryan J. Horne, Village Administrator, of the Village of Morton
Grove and /or Trustee Bill Grear are hereby selected as alternative delegates to serve if Mayor Daniel P. DiMaria
is unable to carry out his aforesaid duties as the delegate of the Village of Morton Grove to the Northwest
Municipal Conference Board.
ADOPTED by the Board of Trustees of the Village of Morton Grove, Illinois on this 10 °i day of June
2013.
PASSED THIS 10 "' day of June 2013,
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Kalogerakos
Marcus
Pietron
Thi ll
Toth
APPROVED by me this 10'h day of June 2013.
ATTESTED and FILED in my office
this 1 I °' day of June 2013.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
Legislative Summary
Resolution 13 -34
AUTHORIZING THE APPOINTMENT OF A DELEGATE AND ALTERNATE DELEGATE TO THE
Introduced:
Synopsis:
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
First Reading:
Special Considerations or
Requirements:
ILLINOIS MUNICIPAL RETIREMENT FUND
June 10, 2013
To authorize the appointment of a delegate and alternate delegate to the
Illinois Municipal Retirement Fund (IMRF).
IMRF requires the Village adopt a resolution to designate its representatives
to this Agency.
The Village is a member of the Illinois Retirement Fund (IMRF). Delegates
are needed to represent the Village in IMRF matters. This resolution
designates the Finance Director /Treasurer and Village Administrator as
Village representatives.
Administration and Finance Departments.
Not applicable.
Not applicable.
The management of this fund is performed by the Finance Department and
the Administration Department as part of their normal work activities.
Approval as presented.
Not required.
None.
Prepared and Respectfully Submitted by: . '
Teresa Hoffinati ston, Corporation Counsel
AUTHORIZING THE APPOINTMENT OF A DELEGATE AND ALTERNATE DELEGATE TO THE
ILLINOIS MUNICIPAL RETIREMENT FUND
WHEREAS, the Village of Morton Grove adopted the contract and by -laws of the Illinois Municipal
Retirement Fund by ordinance and thereby became a member of said cooperative; and
WHEREAS, said contract provides that member units of local government shall, by majority vote of its
corporate authorities, select one (1) person to represent that body on the Board of Directors of said Illinois
Municipal Retirement Fund.
NOW, THEREFORE, BE IT RESOLVED by the Village of Morton Grove, Illinois that Ryan J. Horne,
Village Administrator of the Village of Morton Grove is hereby appointed to represent the Village of Morton
Grove on the Board of Directors of said Illinois Municipal Retirement Fund commencing on .Tune 10, 2013.
BE IT FURTHER RESOLVED that Remy Navarrete, Finance Director /Treasurer, of the Village of
Morton Grove is hereby selected as the alternative representative to serve if Ryan J. Horne is unable to carry out
his aforesaid duties as the representative of the Village of Morton Grove to said Illinois Municipal Retirement
Fund.
ADOPTED by the Board of Trustees of the Village of Morton Grove, Illinois on this 10`x' day of June
2011
PASSED THIS 10 °i day of June 2013.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Kalogerakos
Marcus
Pietron
Thill
Toth
APPROVED BY ME THIS 10`" DAY OF JUNE 2013.
ATTESTED and FILED in my office
this I 1 `h day of June 2013.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
Legislative Summary
AUTHORIZING THE PURCHASE OF
A MANUAL EXTERNAL CARDIAC MONITOR/DEFIBRILLATOR
Introduced: ,tune 10, 2013
Synopsis: This resolution will authorize the Village Administrator and Fire Chief to
execute a contract with Zoll Medical Corporation for the purchase of a new
manual external cardiac monitor /defibrillator to be placed in service on
Ambulance 5. Delivery of the ambulance is anticipated in July 2013.
Purpose: The purchase of this equipment is necessary to meet the minimum equipment
standards for an Advanced Life Support (ALS) ambulance as defined by the
IIIinois Department of Public Health and the Advocate Lutheran General
Hospital Emergency Medical System.
Background: The Village's 2013 Adopted Budget allocates funds to purchase one (1) cardiac
monitor /defibrillator. This purchase will ensure all department External
Defibrillators are standardized regarding their capabilities, operation, and
maintenance. This brand of defibrillator is unique in that it is the only
commercially available equipment offering FDA approved low energy rectilinear
biphasic technology which has been determined to be desirable by the
Department's Emergency Medical Services Director. The Purchase will be
made from Zoll Medical Corporation of Chelmsford, MA; they are considered a
sole source vendor of this equipment.
Programs, Departments Fire Department
or Groups Affected
Fiscal Impact: $26,933.11 (including trade -in value of old equipment)
Source of Funds: Village General Funds: Fiscal Year 13 Account #024015572030
Workload Impact: The management of this purchase will be performed by the Fire Department.
Administrator Approval
Recommendation:
First Reading: None required
Special Considerations or None
Requirements:
Respectfully submitted: i R-
). Ho e, Village Administrator
Prepared by: Reviewed by: "r° %
Tom Fri , Fire C lief Teresa Hoffm st n, Corporation Counsel
RESOLUTION 13 -36
AUTHORIZING THE PURCHASE OF A
MANUAL EXTERNAL CARDIAC MONITOR/DEFIBRILLATOR
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a
home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of
Illinois, can exercise any power and perform any function pertaining to its government affairs,
including but not limited to the power to tax, purchase, and incur debt; and
WHEREAS, the Village of Morton Grove as a unit of local government authorized to exist
under the terms of the Illinois Compiled Statutes; and
WHEREAS, the Village desires to purchase and maintain a commercially available manual
external cardiac monitor /defibrillator; and
WHEREAS, the Village of Morton Grove Adopted Budget for Fiscal Year 2013 allocates
funds to purchase one (1) cardiac monitor /defibrillator unit to be placed in service on Ambulance 5;
and
WHEREAS, the Morton Grove Fire Department currently supports and maintains four (4) Zoll
brand Medical Manual External Cardiac Monitors /Defibrillators that have proven to be effective,
durable, and reliable by the department for the past ten (10) years; and
WHEREAS, this proposed equipment is completely compatible with current equipment,
batteries and support supplies, and personnel are currently trained and familiar with its operations; and
WHEREAS, the Fire Department's Emergency Medical Service Director has determined
specific equipment features and available options will enhance the safety of patients and firefighters,
effectiveness of operation, and durability of the equipment; and
WHEREAS, the Zoll Medical Corporation of Chelmsford, Massachusetts, is the sole source
vendor as defined in Section V — Special Procurement Requirements in the Village's Purchasing
Manual by offering FDA approved low energy rectilinear biphasic technology.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Resolution as though fully set forth therein thereby making the findings as
hereinabove set forth.
SECTION 2: The Village of Morton Grove is authorized to enter into an agreement with Zoll
Medical Corporation of Chelmsford Massachusetts, based upon their proposal for One (1) Manual
External Cardiac Monitor /Defibrillator in the amount of $26,933.11 attached hereto as Exhibit "A ".
SECTION 3: The Village Administrator and Eire Chief are hereby authorized to execute, and
the Village Clerk to attest to the purchase agreement with Zoll Medical Corporation for the above
equipment as proposed by the vendor and to take all steps necessary to ensure the prompt delivery of
same.
SECTION 4: This Resolution shall be in full force and effect upon its passage and approval.
PASSED this 10`x' day of June 2013.
Trustee
Grear
Trustee
Kalogerakos
Trustee
Marcus
Trustee
Pietron
Trustee
Thil I
Trustee
Toth
APPROVED by me this 10`h June 2013.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office this
I 1 `" day of June 2013.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Leuisiative Summary
Ordinance 13 -04
AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE
SECTIONS 12 -7 TO MODIFY THE COMPUTATION OF PARKING SPACES,
THE COLLECTIVE PARKING PROVISIONS, AND
PARKING REQUIREMENTS FOR SELECTED COMMERCIAL USES
Introduction:
Synopsis:
Purpose:
Background:
Programs, Departs
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Admin Recommend:
Second Reading:
Special Consider or
Requirements:
Submitted by:
J.
Prepared by: t
N v M.
May 29, 2013
This ordinance will approve a text amendment to modify the computation of parking spaces, the
collective parking provisions, and parking requirements for selected commercial uses.
To update off - street and loading requirements within the Village and that it is consistent with
parking regulations within the surrounding areas of tile Village as well as throughout the
country. This change will allow for greater flexibility and creativity in the use of available land
in the Village.
The Unified Development Code (UDC) is a comprehensive set of regulations for the zoning of
land and development of parcels within the Village. The current changes are proposed to
modify the computation of parking spaces, the collective parking provisions, and parking
requirements for selected commercial uses so they are consistent with other communities
which surround the Village as well as other communities throughout the country. This code
change will also allow for greater flexibility and creativity in the use of available land in the
Village. This change came about because of recent trends in parking regulations.
The Plan Commission recommends approval of these amendments.
Building and Inspectional Services and Community and Economic Development Departments
N/A
N/A
These amendments will be implemented by the Community Development Department and the
Building Department in the normal course of business.
Approval as presented
June 10, 2013 — Municipal Code Book change
None
Reviewed by
Administrator Teresa Hoffman
Development Director
Counsel
' , .;
AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE
SECTIONS 12 -7 TO MODIFY THE COMPUTATION OF PARKING SPACES, THE
COLLECTIVE PARKING PROVISIONS, AND PARKING REQUIREMENTS FOR
SELECTED COMMERCIAL USES
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, the Village of Morton Grove, has made a proper application to the
Plan Commission in Case No. PC 13 -03 to consider and recommend the adoption of certain text
amendments to the Village of Morton Grove Unified Development Code, Section 12 -7 to modify uses,
the computation of parking spaces, the collective parking provisions, and parking requirements for
selected commercial uses; 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 May 3, 2013,
and a public hearing conducted on May 20, 2013, 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 January 8, 2013, a copy of which is attached
hereto and made a part hereof and marked as Exhibit "A"; and
WHEREAS, the Corporate Authorities have concluded the computation of parking spaces, the
collective parking provisions, and parking requirements for selected commercial uses is appropriate
and consistent with the intent of the off - street parking and loading requirements within the Village of
Morton Grove, and is consistent with parking regulations within the surrounding areas of the Village of
Morton Grove and throughout the country, and will allow for greater flexibility and creativity in the use
of available land 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; and
WHEREAS, the Village is desirous of assuring all policies are kept current and relevant.
NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove
set forth.
SECTION 2: Title 12 entitled Unified Development Code, Chapter 7, entitled Off - Street
Parking, paragraph 3.A. entitled Computation of Parking Spaces of the Municipal Code is hereby
amended by modifying this section as follows:
12- 7 -3:A. Computation of Parking Spaces: When the calculation of the number of off street parking
spaces required by this chapter results in a fractional space, [delete]: the fraetien µl Spae-
shall be
eounted as one additional7paitking [replace with]: any fraction less than % shall be disregarded while a
fraction '/2 or greater shall be counted as 1 narking space
SECTION 3: Title 12 entitled Unffred Development Code, Chapter 7, entitled Of
Parking, paragraph 3.C. entitled Collective Provisions of Parking Spaces of the Municipal Code is
hereby amended by replacing paragraph 3.H. entitled Collective Parking provisions for Shared Spaces,
as follows:
12 -7 -3: H. Collective Parking Provisions for Shared Spaces: The required total number of off - street
parking spaces for two (2) or more commercial, office, residential, industrial or institutional uses
collectively providing parking spaces, shall meet the following requirements.
I. The Village Administrator, at the recommendation of the Building Commissioner, the
Village Engineer and the Community and Economic Development Director, may authorize a
reduction in the total number of required parking spaces for two (2) or more uses jointly
providing off - street parking when their respective hours of peak operation do not overlap.
Shared parking shall be located on the same lot, abutting, or adjacent lots, lots shall not be
separated by an arterial or collector street.
2. Shared parking shall meet the following conditions:
a. Computation. The number of shared spaces for two (2) or more distinguishable
land uses shall be determined by the following procedure:
i. Determine the minimum number of parking spaces required for each
separate use as identified in 12- 7 -3.I. of this ordinance.
it. Calculate the minimum number of parking spaces needed to meet the
expected parking demand for each of the uses sharing the parking spaces for
each of the six (6) designated time periods in table in 12- 7- 3.H.3. by multiplying
the minimum number of spaces required in 12- 7 -3.I. for each use by the
percentage shown for that use for the time periods in Table 12- 7- 3.11.3.
iii. Calculate the minimum number of parking spaces needed to meet the
expected total parking demand for the shared parking facilities for each of the
six time periods identified in Table 12- 7- 3.11.3. by totaling the results for all of
the uses for the time periods as calculated in paragraph b.
iv. Select the time period with the highest total number of parking spaces
required for all of the uses sharing the parking and use that total as the shared
parking requirement for Collective Parking.
b. Other Uses. If one (1) or all of the land uses proposing to make use of the shared
parking facilities do not conform to the general land use classifications in Table 12-7 -
3.H.3. Shared Parking Calculations, then the Building Commissioner and /or his /her
designee shall determine the most closely related use Iisted in the table, and the
appropriate shared parking requirement, if any, for such uses.
3. Process. Property owner(s) seeking approval of Collective Parking for Shared Spaces
shall submit an application on a form approved by the Building Commissioner at the time of a
building permit. The application shall include a list of each existing and /or proposed tenant; the
type of use of each tenant as defined in 12- 17 -1.; the square footage of each tenant space; and
the computation of number of required shared spaces, as described inl2- 7- 3.H.2.a. above, using
the categories, percentages and timeframes listed in the table below:
SHARED PARKING CALCULATIONS
General Land Use
Classification
Weekdays
Weekends
2:00 a.m. -
7:00 a.m.
7:00 a.m.—
6:00 p.m.
6:00 p.m.—
2:00 a.m.
2:00 a.m.—
7:00 a.m.
7:00 a.m.—
6:00 p.m.
6:00 p.m.-
2:00 a.m.
Office
5%
100%
5%
0%
10%
0%
Retail Sales and Services
0%
90%
80%
0%
100%
600/o
Residential
100%
60%
100%
100%
75%
90%
Restaurant (Not 24 hr)
10%
70%
100%
20%
70%
100%
Restaurant (24 hr and /or
(Drive- Through)
10%
80%
80%
10%
90%
80%
Entertainment /Recreation
(Theater, bowling alley,
similar)
0%
40%
90%
0%
80%
100%
Hotel Guest Rooms
100%
55%
100%
100%
55%
100%
Conference Rooms
0%
100%
100%
0%
100%
100%
Restaurant/Lounge
40%
60%
100%
50%
45%
100%
Religious Institution
0%
25%
50%
0%
100%
50%
Reception or Meeting Hall 0%
70% 90%
0%
70%
100%
Museum
0%
100%
80%
School, grades K -12
0%
100%
25%
Daycare
5%
100%
25%
IiEl
Industrial
5%
80%
5%
a. The number of required parking spaces shall not be less than the largest amount
required for any of the uses computed separately.
b. Shopping Centers which reduce their minimum parking requirement through the
Shared Parking Calculations shall be required to be under one ownership or one
management company.
C. If the shared parking area covered by the application for collective parking
involves multiple lots and /or more than one property owner, a recorded cross access
easement or covenant for the shared parking locations shall be submitted for review and
approval prior to the issuance of a building permit. The covenant shall include the
following:
i. Such covenant shall be in effect as long as the structures and uses
covered in the collective parking application continue to exist without sufficient
parking elsewhere
ii. The space in the parking lot shall be open for use by all users and no
spaces shall be dedicated to any one particular use.
iii. The owners shall notify the Village Administrator if the right to use such
facilities lapses for any reason within twenty -eight (28) days of the cessation of
the right to use.
iv. The covenant shall be in a form acceptable to the Corporation Counsel,
and shall be recorded with the Cook County Recorder of Deeds.
d. Prior to any change in use for any site participating in a shared parking
agreement, property owners shall be required to demonstrate the required minimum
parking to meet the requirements of the Village of Morton Grove.
e. In the case of collective usage involving a school, grades K -12, and a religious
institution affiliated with said school, when said school and religious institution are
located on the same or adjacent lots, the minimum number of parking spaces required
shall be the largest number required of the numbers required for each use computed
separately.
SECTION 4: Title 12 entitled Unified Development Code, Chapter 7, entitled Of
f Sheet
Parking, paragraph 3.I. entitled Required Spaces by Use of the Municipal Code is hereby amended to
include the following additions and modifications to selected commercial parking requirements, as
follows:
a,ommercra uses:
[insert new] Commercial services
[insert new] Health /beauty services (hair stylists
manicurists, skin care etc.) and massage-therapy
e therapy
manic - - --� _
Lounges, bars, or taverns _
Physical fitness and health service [delete]: b
0 space per [delete] 48 [replace with]
100 square feet of gross floor area
1.0 space per 150 square feet of gross
;floor area
SECTION 5: This Ordinance is an exercise of the home rule authority of the Village of Morton
Grove and is intended to and, to the fullest extent allowed by the constitution of the State of Illinois,
shall be construed as to supersede any contrary or conflicting state, county, or local rule or regulation.
SECTION 6: If any section, subsection, sentence, clause, phrase or portion of this Chapter is
for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions hereof.
SECTION 7: In the event this ordinance or any part thereof is in conflict with any statute,
ordinance, or resolution or part there, the amendment in this ordinance shall be controlling and shall
supersede all
p other statutes, ordinances, or resolutions but only to the extent of such conflict. Except as
to code amendments set forth above in this ordinance, all chapters and sections of the Morton Grove
Village Code as amended shall remain in full force and effect.
SECTION 8: In all other respects not inconsistent with this ordinance, all Village Codes are
hereby reaffirmed.
SECTION 9: 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 with these text
amendment.
SECTION 10: This Ordinance shall be in full force and effect from and after its passage,
approval and publication in patnphlet form according to law.
PASSED this 10`" of June 2013.
Trustee Grear
Trustee Kalogerakos
Trustee Marcus
Trustee Pietron
Trustee Thill
Trustee Toth
APPROVED by me this 10`h of June 2013 .
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office this
10`h of June 2013
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
To: Village President and Board of Trustees
From: Ronald L. Farkas, Chairman, Plan Commission
Nancy M. Radzevich, A1CP, Community and Economic Development
Date: May 21, 2013
Unified Plan Commission Case PC13-03 — Request for Text Amendments to the
Development Code regarding Off-Street
Commission Report
Public Hearing Notice and Application
Public Notice was provided for the public hearing for PC13 -03 in accordance with applicable
requirements. A public notice was published in the local newspaper (Pioneer Press) on May 3,
2013. As this request is for a text amendment and not a request for a specific site, no public
notice signs or notification letters were required.
Public Hearing Overview and Presentation
On May 20, 2013, a public hearing was conducted by the Morton Grove Plan Commission for Plan
Commission Case PC13 -03, a request for approval of text amendments to Section 12 -7 of the
Unified Development Code to modify the collective parking provisions for shared parking spaces, to
update portions of the commercial parking requirements, and to amend the methodology for
counting fractions in parking calculations.
Commissioner Farkas opened the public hearing and noted that Nancy Radzevich, Community and
Economic Development/Village Planner, and Bill Porter, Building Commissioner -Pro Tem, were
representing the Village staff. He also noted that Trustees Toth, Kalogerakos, and Trustee Grear
were also present at the start of the hearing (Trustee Marcus joined shortly after the start).
Nancy Radzevich presented the case on behalf of the Village. As noted in the staff report, the
current text amendment is being proposed due to recurring issues with respect to current parking
requirements for shared uses, such as shopping centers and /or mixed use developments. Ms.
Radzevich noted that the consideration and adoption of collective parking for shared uses is a
concept supported by ITE (Institute Traffic Engineers), ULI (Urban Land Institute) and many state,
regional and local planning agencies. The one caveat is at least two of the uses must have
different peak parking demand times in order for such a provision to be utilized.
Ms. Radzevich explained that the code currently requires that parking be provided based on the
cumulative requirements of all the tenant space and /or residential use parking requirements,
without regard to the varying peak demand of some of those users /tenants. In conducting
research on calculating parking requirements for shared uses, staff has found several different
administrative review methodologies used by various communities across the country. In most
cases, communities who have adopted collective parking provisions allow for a base level
administrative process for shared parking (ref: new Seca 12- 7 -3:H), while keeping intact the
variation process, through the ZBA, for such properties and /or mix of uses that include more
intensive, overlapping uses.
Ms. Radzevich noted while some municipalities have opted for an administrative review process
based on the property owner(s) providing a percentage of parking, the more acceptable method is
to allow for the overall parking requirement to be established by number of spaces required during
the peak usage period, based on the types of mix of uses on the site(s). This methodology is
specifically geared towards site(s) that have a mix of uses with differing peak parking demands.
Ms. Radzevich explained many communities across the country (of varying sizes and locations)
have taken this concept and created a formalized ordinance that allows for an administrative
review and approval process for shared parking. Specifically, staff found examples in Madison,
MS; Champaign, IL; New Orleans, LA; Marlborough, MA; Minneapolis, MN; Sandy Springs, GA;
etc., among others that have an established methodology for calculating the required parking for
shared spaces, provided that at least two uses have different peak period parking demands.
Ms. Radzevich stated the current proposed text amendment most closely mirrors the one currently
in use in Champaign, IL, with some slight modification based on specific differences in the Village's
parking ordinance.
Ms. Radzevich referred the Commission to the chart included in the proposed text amendment:
SHARED PARKING CALCULATIONS
neral Land Use
Classification
Weekdays
Weekends
12:00 a.m.—
7:00 a.m.
7:00 a.m.—
6:00 p.m.
6:00 p.m.—
2:00 a.m.
2:00 a.m.—
7:00 a.m.
7:00 a.m.—
6:00 p.m.
6:00 p.m.-
2:00 a.m.
5%
100%
5%
0%
10%
0%
RRetailSales
les and Services
0%
90%
80%
0%
100%
60%
tial
100 %
60%
100%
100%
75%
90%
nt (Not 24 hr)
10%
70%
100%
20%
70%
100%
nt (24 hr and /or
roughment/Recreation
10%
80%
80%
10%
90%
80%
, bowling alley,
similar)
0%
40%
90%
0%
80%
100%
Hotel Guest Rooms
100%
55%
100%
100%
55%
100%
Conference Rooms
0%
100%
100%
0%
100%
100%
Restaurant/Lounge
40%
60%
100%
50%
45%
1000/0
titution
0%
25%
50%
0%
10C%
50%
Meeting Hall
0%
70%
90%
0%
70%
100 °!0
pDaycare
0%
100%
80%
s K -12
0%
100%
25%
0%
30%
10%
5%
100%
25 °l5%
20%
5%
5%
80%
5%
5%
20%
10%
Ms. Radzevich noted that for each time period, the total number of spaces required for each
individual use is multiplied by the expected "demand percent" for the designated time periods.
These are added up (in the "columns' and the overall parking requirement is equal to the
maximum number calculated during the six timeframes. (See Attached "Example Case Study"
showing how the parking is calculated under the proposed text amendment.)
Ms. Radzevich explained that to test this proposed method, staff ran through scenarios for existing
uses and parking demands for Washington Common as well as the shopping center at 9400 -9412
Waukegan (subject of the recent PC Case #13 -01 for a parking waiver for LaRoma Cafe). Under
the mix of uses included in the most recent plan submittal from the property manager, the parking
calculations for Washington Common result in a requirement of 316 parking stalls (during the
"peak" 7:OOam- 6:OOpm time period), while 330 spaces exist on -site. Village staff agree that the
site appears to have sufficient parking to handle typical daily peak demands, based on the current
mix of uses.
Ms. Radzevich stated in contrast, the peak parking demand at the 9400 -9412 Waukegan shopping
center indicate that under the shared parking provisions they would be required to provide 46
spaces (during the "peak" 7:OOam- 6:OOpm time period), but only 33 spaces exist on site. As such,
the property owner would be required to get a parking variation to allow for the current mix of
uses. Village staff agree that based on the existing site constraints and the mix of uses, this would
be a site that should be evaluated more closely, through the variation process, and should include
an analysis of the parking demands of the specific tenants, based on the their actual business
operations. It is through the variation process that the owner would (and recently did) provide
justification that the waiver could be supported because the actual tenants have a slightly different
(or lower) peak demand than is typically found for such uses.
Ms. Radzevich explained the this amendment also addresses a few changes to the "Required
Spaces By Use" section of the code (Sec. 12- 7 -3:I.) to reflect some of the changes included in the
recent text amendment, recommended for approval by the Plan Commission and adopted by the
Board of Trustee (PC12 -08; Ordinance #13 -01). Finally, while conducting research for each of
these text amendments, staff noted that the current method for counting fractions of parking
spaces is inconsistent with the methodology used by many of our neighboring communities.
Currently, the code requires that all fractions in parking calculations are to be rounded up, while
the standard practice for many area communities (Lincolnwood, Niles, Skokie, Evanston, Glenview,
etc.) use a round up /round down method, based on whether the fraction is greater or less than 112
(Sec. 12- 7- 3:A.).
Rather than going
through an
item by item account of all
the recommended changes, Ms.
Radzevich asked the
Commission
if they had specific questions on
what is being proposed.
Commission Ouestions /Discussions
Chairman Farkas asked if a parking study would still be required. Ms. Radzevich said no parking
study would be required through this administrative process. She explained this is not a variation,
but instead a method to establish the number of required shared parking spaces based on the
peak demand, during specified timeframes, for the mix of uses on site. The percentages are
standard for similar ordinances examples from across the country — and reflect the peak parking
demands supported by ITE, ULI, and many state, regional and local planning agencies. The
property owner(s) would only submit a parking study if they do not have sufficient parking on site,
and wanted to seek a parking waiver.
Commissioner Gabriel asked how staff determined Champaign's ordinance would be used — how is
Champaign comparable to Morton Grove? Ms. Radzevich stated that while not necessarily the
most comparable in size /character, staff believes this ordinance included a better breakdown of
the timeframes. For example some communities had the timeframes broken down as follows:
8am -5pm, 5pm -lam, lam -Sam. Staff noted Champaign's ordinance better accounted for what is
actual behavior. For example, an office peak from 8am -5pm is not really the case — it is really
more in line with 7am -6pm. Further Champaign's ordinance had more use classifications, which
staff believes is important for this type of administrative review process.
Commissioner Blonz state he believes this will help allow more businesses in town, but noted the
need to be balanced to ensure that businesses have enough parking. He stated he has several
questions and comments as follows:
• He asked if there were be an application to help guide through the ordinance requirements
and calculations. Ms. Radzevich explained that staff is working on an application and that
we intend to set up in such a way that applicants will input the data on the tenants (type,
square footage, etc.) and the information would automatically be imported into a separate
worksheet to calculate the required parking based on the mix of uses and peak demand.
• He asked for clarification on the current language in 12 -7 -3 regarding computation of
parking spaces. Ms. Radzevich stated the current language, which would be stricken,
requires all fractions of parking stalls be counted as one additional stall.
• He also asked about the review process — is it intended to have three staff reviews
(Building Commissioner, Community and Economic Development Director and Village
Engineer) or just one of these three. He also noted that there was no mention of the Plan
Commission or ZBA. Ms. Radzevich stated "and" should stand; that all of these staff should
be involved in the review and further clarified the process is an administrative review
process to establish the required parking — as such there would be no approvals required
through ZBA or Plan Commission.
• He noted Paragraph 2. a. Computation seemed difficult to follow. Ms. Radzevich stated
staff would walk the applicant through the process. Further, an application is being
developed which will do most of the work. They would be given the spreadsheet to
complete with the basic data, which would be linked to a spreadsheet with formulas that
would calculate the required parking. The spreadsheet would be "protected" so applicants
could not alter the formulas. The applicant would only complete the required areas.
• He also noted he thought a few of the percentage were a little light. Ms. Radzevich stated
that these percentages were consistent with other codes.
• He also asked for clarification on Subparagraph C. iii. Ms. Radzevich stated the owner
needed to give 28 days notice to the Village if they wanted to cancel the collective parking
provision agreement for their site(s) — it is just included as a protection.
• He asked about the change in the parking requirements for Lounges, Bars, and Taverns.
Ms. Radzevich stated that the Village was more stringent than many other Chicago area
communities and the proposed requirement was more in line with other codes.
Commissioner Blonz stated he believes these changes are needed and complimented staff on the
work that went into this proposed ordinance.
Chairperson Farkas stated that he wanted to have a better grasp on how it would work. He
questioned why the Village Engineer was involved. Ms. Radzevich stated the Village Engineer is
staff to the Traffic Safety Commission and is involved in parking layout and traffic reviews.
Commissioner Gabriel asked how this would be given to the applicant. Ms. Radzevich stated that
it would be on a spreadsheet format, with built in formulas. The applicant would be encouraged to
complete the application on line. She verbally gave examples of how the figures would work.
Commissioner Gabriel asked if ITE made any generalizations on preferred percentages. Ms.
Radzevich stated that ITE and ULI created guidelines in a "Shared Parking" publication. This
document, which is in its 2nd or 3'd edition, support the idea of establishing required shared
parking by use -type and peak demand by use. The peak usage by time periods seems to be much
more preferable than using blanket percentage waivers. Commissioner Gabriel indicated that is a
positive change to the code.
Chairperson Farkas
asked for
some graphic
or other example to explain the process. He stated
that he could not vote on this
without seeing
the application. Ms. Radzevich stated the application
is still in draft form,
however,
she would send
it out to the Commissioners.
Commissioner Roepenack asked how the variations would work. Ms. Radzevich stated the
variation and special use processes and thresholds for parking waivers are not being changed.
Chairperson Farkas stated that he would like to see the application before voting on this case.
Commissioners Blonz, Roepenack, and Gabriel stated they would be able to vote on it now.
Chairperson Farkas asked if there were interested parties. There was no one from the public who
wanted to be heard regarding this petition.
Commission Ouestions /Discussions
Commissioner Blonz made a motion to approve PC Case13 -03, Text Amendments to Title 12, of
Ordinance 07 -07 (Village of Morton Grove Unified Development Code) regarding off- street parking
requirements for shared parking, some commercial uses, and for the calculation of parking
requirements with the following conditions. Commissioner Gabriel seconded the motion.
Motion to recommend approval carried, with voting as follows: 5 YES (Commissioners Blonz,
Dorgan, Gabriel, Roepenack, Witko); 1 NO (Chairman Farkas); 1 ABSENT (Commissioner
Shimanski)
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Legislative Summary
AUTHORIZATION FOR THE DISPOSITION OF UNCLAIMED BICYCLES
RECOVERED BY THE MORTON GROVE POLICE DEPARTMENT
Introduced: June 10, 2013
Synopsis: To authorize the Village President to approve the donation of twenty -six (26)
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 "Boy Scouts of America
Troop #228 ", a not- for -profit group, located in Morton Grove, 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 d inventoried and
stored in the Police Departments garage. They are kept a1least six months to
allow the department to ascertain ownership. If no owner information is
found, the department will 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 minor 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:
First Reading: Not Required
Special Considerations or None
Requirements:
Respectfully submitted: �t
Z11111 ie Admi istrator
�t f
Prepared by: Reviewed by: /
Mark Erickson, Chief of Police Teresa 14offr�a P`ston, Corporation Counsel
RESOLUTION 13 -41
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 months; and
WHEREAS, Ordinance 05 -27 allows the Village to sell, or dispose of outdated, broken, or obsolete
personal property which has not substantial resale or trade -in value and needs to be properly recycled or
disposed of pursuant to a resolution approved by simple majority of the Village Board of Trustees; and
WHEREAS, pursuant to Section 765 ILCS 1030/3, the Chief of Police has determined that property
listed in Exhibit "A" has been abandoned, lost, stolen, or otherwise illegally possessed that has a value
worth less than $100 each and that 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 #228, a not - for - profit organization located in,
Morton Grove, Illinois, has expressed an interest in accepting this donation of personal property for use in
their fund raising activities.
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: Pursuant to Ordinance 05 -27 and Section 765 ILCS 1030/3 of the Illinois Compiled
Statutes, the Mayor and Board of Trustees of the Village find the following property:
26 - 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 # 228,
Morton Grove, 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 9228,
Morton Grove, Illinois.
SECTION 3: This Resolution shall be in full force and effect from and after its passage and
approval in the manner provided by law.
PASSED this 10a' June 2013
Trustee
Grear
Trustee
Kalogerakos
Trustee
Marcus
Trustee
Pietron
Trustee
Thill
Trustee
Toth
APPROVED by me this 10`h day of June 2013
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office this
I I"' day of June 2013.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
on
26 - bicycles
INTER-OFFICE ,
DATE: 05/30/13
TO: Chief Mark Erickson
PROM:
Gil
B. Santiago. Support
Services Manager
t
SUBJECT:
Re
uuest for Property
Disposal
I hereby request permission to dispose the following case inventoried properties (see attached
pages) that have met disposal guidelines as mandated by the State. The listed items will be
donated to the "Boy Scouts Of America Troop # 228. Thank you.
J°Approved
Reason for
❑ Denied
'DaP6 and Time
* end of list *
Gornlilatnt; , ,
Type ofancident
item Description
1
07 -04267
Accident
Fuji Bike
2
10 -16715
Accident
I Red Schwinn Sidewinder Mt. Bike
3
09 -08857
Theft
Purple 21 Speed Woman's Tiara Pro Aluminum Next
Bike
4
08 -02311
Burglary
Mens Specialized T880 Bike
5
09- 01820
Accident
Blue Bike
6
02 -07126
Burglary
GI Green Bike
7
09 -10367
Possession of
Control Substance
Bike
8
10 -16327
Accident
Raleigh Brown Bike
g
11.02462
Accident
Next Power Climber Bike
10
04 -08930
Burglary
Spray painted Silver BMX Bike
11
11 -10497
Criminal Trespass
Red Schwinn Ranger Bike
12
10 -12771
Theft
Blue Fugitive Maona Mt. Bike & Green Mongoose
Bike
13
10.14737
Criminal Trespass
Men's Blue Fuji M -600 Bike
14
10 -17350
Burglary
BlutSil SehwinnFrontier Limited Edition Mt. Bike
15
12 -06157
Theft
Red Next Power X Mt, Bike
16
12 -02197
Found Property
Schwinn Falcon 20" Blk Bike
1 17
12 -02348
Found Property
Fuji Abolute 10 Speed Blk Bike
16
12 -04204
Found Property
Girls Pacific Wanderer 12 Speed
19
12 -04246
Found Property
Blk Ross Bike
20
12- 04405
Found Property
Men's 24" Huffy Tondra Blk Mt. Bike
21
12 -05036
Found Property
Red Magna Mt Bike
22
12.05056
Found Property
Yellow 20" Boys Huffy Bike
23
24
12 -05783
12 -06178
Found Property
Found Property
Boys BMX Bike Single Speed 20" wheels repainted
Boys 20" Bike Power Climber Silver
25 12 -07861 Faund Property
Men's Silver Hard Rock Sport Bike
* end of list *
Legislative Summary
Ordinance 13 -06
AUTHORIZING THE RENEWAL OF A NON - EXCLUSIVE CABLE TELEVISION FRANCHISE
AGREEMENT BY AND BETWEEN COMCAST OF ILLINOIS VI, LLC
AND THE VILLAGE OF MORTON GROVE
Introduced:
June 10.2013
Synopsis:
This ordinance will authorize the Village to authorize a renewal agreement of a non - exclusive
cable television franchise agreement.
Purpose:
The original franchise agreement with Comcast of Illinois VI, LLC has lapsed and they are
requesting the agreement be renewed.
Background:
A Cable Communications Enabling Ordinance was passed to authorize the Village to issue a
franchise to operate a cable television system in the Village. Or September 1, 1979, Ordinance
79 -42 granted Media One of Northern Illinois, Inc. which became Continental Cablevision, Inc. a
fifteen year non - exclusive cable television franchise to operate a cable television system within
the Village with an option to extend such franchise for an additional five years with Ordinance
89 -22. Pursuant to Ordinance 98 -16 the Village again entered into a 15 year agreement with
Media One and pursuant to ordinance 98 -17 the agreement was transferred to its successor.
Comcast of Illinois VI is now the company of record and they have requested a new franchise
agreement to provide cable television services within the Village. This ordinance would
accomplish that task.
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 continue to oversee this franchise
agreement.
Admin Recommend:
Approval as presented
Second Reading:
June 24, 2013
Special Consider or None
Requirements:
Respectfully subrn"ted:
ya J, H/ rne, Village Administrator
Prepared by: %% fLx Reviewed by: jr
Teresa Itoffmafl Li'sto ,Corporation Couisel Boyle Wong, IT Director
AUTHORIZING THE RENEWAL OF A NON - EXCLUSIVE
CABLE TELEVISION FRANCHISE AGREEMENT
BY AND BETWEEN COMCAST OF ILLINOIS VI, LLC
AND 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 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 Municipal Code of the Village of Morton Grove, Title 7, Chapter 7 entitled
"Cable Television Franchise" which establishes regulations and guidelines for all cable television
activities within the corporate limits of the Village; and
WHEREAS, on September 1, 1979, Ordinance 79 -42 granted the previous cable company,
formally Media One of Northern Illinois, Inc. and formally Continental Cablevision, Inc., a fifteen (15)
year non - exclusive cable television franchise to operate a cable television system within the Village
with an option to extend such franchise for an additional five years through Ordinance 89 -22 passed on
June 24, 1989; and
WHEREAS, the Cable Communications Enabling Ordinance authorizes the Village to issue a
franchise to operate a cable television system in the Village; and
WHEREAS, pursuant to Ordinance 98 -16, the Village entered into a 15 -year Cable Franchise
Agreement with Media One, and pursuant to Ordinance 98 -17 the agreement was transferred to its
successor; and
WHEREAS, Comcast of Illinois VI which is now the company of record, has requested a new
cable television franchise agreement to provide cable television services within the Village; and
WHEREAS, the Village has reviewed Comcast of Illinois's performance under the current
cable television franchise, identified the future cable related needs and interests of the community;
considered the financial, legal, and technical qualifications to provide cable television services in the
community; and
WHEREAS, the Village has determined it is in the public's best interest to enter into a new
non - exclusive cable television franchise agreement with Comcast of Illinois VI in accordance with the
terms hereinafter set forth in the attached Franchise Agreement (Exhibit "A"),
NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove
set forth.
SECTION 2: The Corporate Authorities of the Village find and determine it is in the best
interests of the Village to enter into a new non- exclusive cable television franchise agreement with
Comcast of Illinois VI in accordance with the terms and conditions of the attached Franchise
Agreement.
SECTION 3: The Corporate Authorities of the Village are hereby granted the authority to
continue to exercise such authority.
SECTION 4: The Village President is hereby authorized to execute a Franchise Agreement
between the Village of Morton Grove and Comcast of Illinois VI as specifically identified on said
License Agreement, and under the terms and conditions set forth in the same Franchise Agreement
attached hereto as Exhibit "A ".
SECTION 5: The Village Administrator and /or his designee is hereby authorized to take any
and all actions which are reasonable or necessary to implement and enforce all provisions of said
Franchise Agreement.
SECTION 6: This ordinance shall be in full force and effect after its passage, approval and
publication in pamphlet form as provided by law.
PASSED THIS 20 day of June 2013
Trustee
Grear
Trustee
Kalogerakos
Trustee
Marcus
Trustee
Pietron
Trustee
Thill
Trustee
Toth
APPROVED BY ME THIS 24`x' day of June 2013.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook Comity, Illinois
ATTESTED and FILES in my office
This 25`" day of June 2013.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
CABLE TELEVISION FRANCHISE AGREEMENT
BV AND BETWEEN
The
VILLAGE OF MORTON GROVE
and
COMCAST OF ILLINOIS VI, LLC
This Draft Renewal Franchise Agreement is the result of discussions between the
Metropolitan Mayors Caucus and Comeast, and is being submitted for discussion
purposes under the informal process pursuant to 47 USC 546 (h).
This Franchise Agreement (hereinafter, the "Agreement' or "Franchise Agreement ") is made
between the Village of Morton Grove, Illinois (hereinafter, the "Village ") and Comeast of Illinois VI,
(hereinafter, ``Grantee ") this 24 °i day of June 2013 (the `Effective Date ").
The Village, having determined that the financial, legal, and technical abilities of the Grantee are
reasonably sufficient to provide the services, facilities, and equipment necessary to meet the future cable -
related needs of the community, desires to enter into this Franchise Agreement with the Grantee for the
construction, operation and maintenance of a Cable System on the terms and conditions set forth herein.
This Agreement is entered into by and between the parties under the authority of the Cable Act, the
Illinois Constitution of 1970, including the Village's home rule powers, and the Illinois Municipal Code, as
amended from time to time, and shall be governed by the Cable Act and the Illinois Municipal Code, as
amended from time to time; provided that any provisions of the Illinois Municipal Code that are inconsistent
with the Cable Act shall be deemed to be preempted and superseded.
SECTION 1: Definition of Terms
For the purpose of this Franchise Agreement, capitalized terms, phrases, words, and abbreviations
shall have the meanings ascribed to them in the Cable Act, unless otherwise defined herein.
"Cable Act" or "Act" means the Cable Communications Policy Act of 1984, as amended by the Cable
Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996, 47 U.S.C. §§
521 et seq., as the same may be amended from time to time.
"Cable Operator" means any Person or group of Persons who provides Cable Service over a Cable
System and directly or through one or more affiliates owns a significant interest in such Cable System; or
who otherwise controls or is responsible for, through any arrangement, the management and operation of
such a Cable System.
"Cable Service" or "Service" means the one -way transmission to Subscribers of Video Programming
or Other Programming Service and Subscriber interaction, if any, which is required for the selection or use of
such Video Programming or Other Programming Service.
"Cable System" or "System," has the meaning set forth in 47 U.S.C. § 522 of the Cable Act, and
means Grantee's facilities, consisting of a set of closed transmission paths and associated signal generation,
reception and control equipment, that is designed to provide Cable Service which includes Video
Programming and which is provided to multiple Subscribers within the Franchise Area, but such term does
not include (i) a facility that serves only to re- transmit the television signals of one or more television
broadcast stations; (ii) a facility that serves Subscribers without using any public right -of -way, (iii) a facility
of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications
Act of 1934, as amended, except that such a facility shall be considered a Cable System (other than for
purposes of section 621(c) of the Cable Act) to the extent such facility is used in the transmission o4' Video
Programming directly to Subscribers, unless the extent of such use is solely to provide Interactive On-
Demand Services, (iv) an open video system that complies with section 653 of the Cable Act; or (v)- any
facilities of any electric utility used solely for operating its electric utility systems.
"Channel" or "Cable Channel" means a portion of the electromagnetic frequency spectrum which is
used in a Cable System and which is capable of delivering a television channel as a television channel is
defined by the Federal Communications Commission by regulation.
"Customer" or "Subscriber" means a Person who lawfully receives and pays for Cable Service with
the Grantee's express permission.
"FCC" means the Federal Communications Commission or successor governmental entity thereto.
"Franchise" means the initial authorization, or renewal thereof, issued by the Village, whether such
authorization is designated as a franchise, agreement, permit, license, resolution, contract, certificate,
ordinance or otherwise, which authorizes the construction or operation of the Cable System.
"Franchise Agreement" or "Agreement" shall mean this Agreement and any amendments or
modifications hereto.
"Franchise Area" means the present legal
boundaries of the
Village as of the
Effective Date, and shall
also include any additions thereto, by annexation
or other legal means as provided in
this Agreement.
"Grantee" shall mean Comeast of Illinois VI, LL,C.
"Gross Revenue" means the Cable Service revenue received by the Grantee from the operation of the
Cable System in the Franchise Area to provide Cable Services, calculated in accordance with generally
accepted accounting principles. Cable Service revenue includes monthly Basic Cable Service, cable
programming service regardless of Service Tier, premium and pay - per -view video fees, advertising and
home shopping revenue, installation fees and equipment rental fees. Gross revenues shall also include such
other revenue sources from Cable Service delivered over the Cable System as may now exist or hereafter
develop, provided that such revenues, fees, receipts, or charges may be lawfully included in the gross
revenue base for purposes of computing the Village's permissible franchise fee under the Cable Act, as
amended from time to time. Gross Revenue shall not include refundable deposits, bad debt, investment
income, programming launch support payments, third party advertising sales commissions and agency fees,
nor any taxes, fees or assessments imposed or assessed by any governmental authority. Gross Revenues
shall include amounts collected from Subscribers for Franchise Fees pursuant to City of Dallas, Texas v.
FC.C., 118 F.3d 393 (5r" Cir. 1997), and amounts collected from non - Subscriber revenues in accordance
with the Court of Appeals decision resolving the case commonly known as the "Pasadena Decision," City of
Pasadena, California et. al., Petitions for Declaratory Ruling on Franchise Fee Pass Through Issues, CSR
5282 -R, Memorandum Opinion and Order, 16 F'CC Rcd 18192 (2001), and In re: Texas Coalition of Cities
for Utility Issues v. F.C.C., 324 F.3d 802 (5th Cir. 2003).
"Initial Franchise Service Area" means that portion of the Franchise Area served by the Grantee's
Cable System as of the Effective Date of this Franchise Agreement.
i
s
"Public, Educational and Governmental (PEG) Access Channel" shall mean a video Channel
designated for non - commercial use by the Village, the public, and /or educational institutions such as public
or private schools, but not "home schools," community colleges, and universities.
"Public, Educational and Government (PEG) Access Programming" shall mean non - commercial
programming produced by any Village residents or organizations, schools and government entities and the
use of designated facilities, equipment and /or Channels of the Cable System in accordance with 47 U.S.C.
531 and this Agreement.
"Person" means any natural person or any association, firm, partnership, joint venture, corporation, or
other legally recognized entity, whether for -profit or not -for profit, but shall not mean the Village.
"Public Way" shall mean, pursuant and in addition to the Village's Right of Way Ordinance (Title 7,
Chapter 9 of the Municipal Code of Morton Grove insert citation here), the surface of, and the space above
and below, any street, alley, other land or waterway, dedicated or commonly used for pedestrian or vehicular
traffic or other similar purposes, including, but not limited to, public utility easements and other easements
dedicated for compatible uses, now or hereafter held by the Village in the Franchise Area, to the extent that
the Village has the right and authority to authorize, regulate, or permit the location of facilities other than
those of the Village. Public Way shall not include any real or personal Village property that is not
specifically described in this definition and shall not include Village buildings, fixtures, and other structures
and improvements, regardless of whether they are situated in the Public Way.
"Standard Installation" means those installations to Subscribers that are located up to one hundred
twenty -five (125) feet from the existing distribution system (Cable System).
"Village" means the Village of Morton Grove, Illinois or the lawful successor, transferee, designee,
or assignee thereof.
"Video Programming" or "Programming" means programming provided by, or generally considered
comparable to programming provided by, a television broadcast station.
SECTION 2: Brant of Authority
2.1. Pursuant to Section 621(a) of the Cable Act, 47 U.S.C. § 541 (a), 65 ILCS 5/11- 42 -11(a) of
the Illinois Municipal Code, the Illinois Constitution, and Ordinance No. 98 -16, the Village hereby grants to
the Grantee a nonexclusive Franchise authorizing the Grantee to construct and operate a Cable System in the
Public Ways within the Franchise Area, and for that purpose to erect, install, construct, repair, replace,
reconstruct, maintain, or retain in any Public Way such poles, wires, cables, conductors, ducts, conduits,
vaults, manholes, pedestals, amplifiers, appliances, attachments, and other related property or equipment as
may be necessary or appurtenant to the Cable System, and to provide such services over the Cable System as
may be lawfully allowed.
2.2. Term of Franchise. The term of the Franchise „ranted hereunder shall be ten (10) years from
the Effective Date, unless the Franchise is renewed or is lawfully terminated in accordance with the terms of
this Franchise Agreement and /or applicable law. From and after the Effective Date of this Franchise
Agreement, the Parties acknowledge that this Franchise Agreement is intended to be the sole and exclusive
Franchise Agreement between the Parties pertaining to the Grantee's Franchise for the provision of Cable
Service.
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2.3. Renewal. Any renewal of this Franchise shall be governed by and comply with the provisions
of Section 626 of the Cable Act, as amended, and any applicable State law which may exist at the time of
renewal and which is not superseded by the Cable Act.
2.4. Police Powers. Nothing in this Franchise Agreement shall be construed as an abrogation by
the Village of any of its police powers to adopt and enforce generally applicable ordinances deemed
necessary for the health, safety, and welfare of the public, and the Grantee shall comply with all generally
applicable laws and ordinances enacted by the Village pursuant to such police power.
2.5. Reservation of Authority. Nothing in this Franchise Agreement shall (A) abrogate the right of
the Village to perform any public works or public improvements of any description, (B) be construed as a
waiver of any codes or ordinances of general applicability promulgated by the Village, or (C) be construed as
a waiver or release of the rights of the Village in and to the Public Ways.
2.6. Competitive Equity.
2.6.1. In the event the Village grants an additional Franchise to use and occupy any Public
Way for the purposes of operating a Cable System, the additional Franchise shall only be granted in
accordance with the Illinois Level Playing Field Statute, 65 ILCS 5/11- 42 -11.
2.6.2. In the event an application for a new cable television franchise or other similar
authorization is filed with the Village proposing to serve the Franchise Area, in whole or in part, the Village
shall to the extent permitted by law promptly notify the Grantee, or require the Grantee to be notified, and
include a copy of such application.
2.63. Provided that appropriate vehicle safety markings have been deployed, Grantee's
vehicles shall be exempt from parking restrictions of the Village while used in the course of installation,
repair and maintenance work on the Cable System.
SECTION 3: Construction and Maintenance of the Cable Svstem
3.1. Except as may be otherwise provided in this Franchise Agreement, Grantee shall comply with
all generally applicable provisions of Title 7Chapter 9, entitled "Construction of Utility Facilities in the
Public Rights of Way," of the Municipal Code of Morton Grove as may be amended from time to time.
3.2. Aerial and Underground Construction. At the time of Cable System construction, if all of the
transmission and distribution facilities of all of the respective public or municipal utilities in any area of the
Franchise Area are underground, the Grantee shall place its Cable Systems' transmission and distribution
facilities underground, provided that such underground locations are actually capable of accommodating the
Grantee's cable and other equipment without technical degradation of the Cable System's signal quality. In
any region(s) of the Franchise Area where the transmission or distribution facilities of the respective public
or municipal utilities are both aerial and underground, the Grantee shall have the discretion to construct,
operate, and maintain all of its transmission and distribution facilities or any part thereof, aerially or
underground. Nothing in this Section shall be construed to require the Grantee to construct. operate, or
maintain underground any ground - mounted appurtenances such as customer taps, Line extenders, system
passive devices, amplifiers, power supplies, pedestals, or other related equipment.
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3.3. Undergrounding and Beautification Protects.
3.3.1. In the event the Village requires users of the Public Way who operate aerial facilities
to relocate such aerial facilities underground, Grantee shall participate in the planning for relocation of its
aerial facilities, if any, contemporaneously with such users. Grantee shall be reimbursed its relocation costs
from public or private funds allocated for the project to the same extent as such funds are made available to
other users of the Public Way, if any, provided that any utility's exercise of authority granted under its tariff
to charge consumers for the said utility's cost of the project that are not reimbursed by the Village shall not
be considered to be public or private fiords.
3.3.2. The Grantee shall not be required to relocate its facilities unless it has been afforded
at least sixty (60) days notice of the necessity to relocate its facilities. Upon adequate notice the Grantee
shall provide a written estimate of the cost associated with the work necessary to relocate its facilities. In
instances where a third party is seeking the relocation of the Grantee's facilities or where the Grantee is
entitled to reimbursement pursuant to the preceding Section, the Grantee shall not be required to perform the
relocation work until it has received payment for the relocation work.
SECTION 4: Service Obligations
4.1. Initial Service Obligations. As of the Effective Date of this Agreement, Grantee's Cable
System has been designed to provide, and is capable of providing, Cable Service to residential Customers
throughout the Initial Franchise Service Area. The Grantee shall continue to make Cable Service available in
the Initial Service Area throughout the term of this Agreement and Grantee shall extend its Cable System and
provide service consistent with the provisions of this Franchise Agreement.
4.2. General Service Obligation, The Grantee shall make Cable Service available bevond the
Initial Franchise Service Area to every residential dwelling unit within the Franchise Area where the
minimum density is at least thirty (30) dwelling units per linear Cable System network mile as measured
from the existing Cable System's technically feasible connection point. Subject to the density requirement,
Grantee shall offer Cable Service to all new homes or previously unserved homes located within one
hundred twenty -five (125) feet of the Grantee's distribution cable (e.g., a Standard Installation).
4.2.1. The Grantee may elect to provide Cable Service to areas not meeting the above
density and distance standards. The Grantee may impose an additional charge in excess of its regular
installation charge for any service installation requiring a drop or line extension in excess of a Standard
Installation. Any such additional charge shall be computed on a time plus materials basis plus a reasonable
rate of return.
4.3. Programming. The Grantee agrees to provide cable programming services in the following
broad categories:
Children General Entertainment Family Oriented
Ethnic /Minority Sports Weather
Educational Arts, Culture and Performing Arts News & Information
Pursuant and subject to federal law, all Video Programming decisions, excluding PEG Access Programming,
are at the sole discretion of the Grantee.
4.4, Technical Standards. The Grantee shall comply with all applicable technical standards of the
FCC as published in 47 C.F.R., Part 76, Subpart K, as amended from time to time. The Grantee shall
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cooperate with the Village in conducting inspections related to these standards upon reasonable prior written
request from the Village based on a significant number of Subscriber complaints.
4.5. Annexatj
ons and New /Planned Developments. In cases of amnex"'on the Village shall
provide the Grantee written notice of such a vexation. In cases of new construction, planned developments
or property development where undergrounding or extension of the Cable System is required, flee Village
shall provide or cause the developer or property owner to provide notice of the same. Such notices shall be
provided at the time of notice to all utilities or other tike occupants of the Village's Public Way. If advance
notice of such annexation, new construction, planned development orproperty development is not provided,
the Grantee shall be allowed an adequate time to prepare, plan and provide a detailed report as to the
timeframe for it to construct its facilities and provide the services required under this Franchise Agreement.
4.6. Service to School Buildings and Governmental Facilities.
4.6.1. The Village and the Grantee acknowledge the provisions of 220 ILCS 5/22 - 501(1),
whereby the Grantee shall provide complimentary Basic Cable Service and a free Standard Installation at one
outlet to all eligible buildings as defined in said state statute. Eligible buildings shall not include buildings
leased to non - governmental third parties or buildings such as storage facilities at which government
employees are not regularly stationed.
4.6.2. Lone Drops. The Grantee may impose an additional charge in excess of its regular
installation charge for any service installation requiring a drop or line extension in excess of a Standard
hnstallation. Any such additional charge shall be computed on a time plus materials basis to be calculated on
that portion of the installation that exceeds a Standard Installation.
4.7. Emergency Alerts. At all times during the term of this Franchise Agreement, the Grantee
shall provide and maintain an "Emergency Alert System" ( "EAS ") consistent with applicable Federal law
and regulation — including 47 C.F.R., Part 11 and the "State of Illinois Emergency Alert System State Plan"
— as may be amended from time to time. Should the Village become qualified and authorized to activate the
EAS, the Grantee shall provide instructions on the access and use of the EAS by the Village to the Village on
an annual basis. The Village agrees to indemnify and hold the Grantee harmless from any damages or
penalties arising out of the negligence of the Village, its employees or agents in using such system.
4.8. Customer Service Obligations. The Village and Grantee acknowledge that the customer
service standards and customer privacy protections are set forth in the Cable and Video Customer Protection
Law, 220 ILCS 5/22 -501 et seq., and enforcement provisions are included in Ordinance 08 -01. Enforcement
of such requirements and standards and the penalties for non - compliance with such standards shall be
consistent with the Cable and Video Customer Protection Law, 220 ILCS 5/22 -501 et seq.
SECTION 5: Oversight and Regulation by Village
5.1. Franchise Fees. The Grantee shall pay to the Village a Franchise Fee in an amount equal to
five percent (5 %) of annual Gross Revenues received from the operation of the Cable System to provide
Cable Service in the Franchise Area; provided, however, that Grantee shall not be compelled to pay any
higher percentage of fees than any other video service provider, under state authorization or otherwise,
providing service in the Franchise Area. The payment of Franchise Fees shall be made on a quarterly basis
and shall be due forty -five (45) days after the close of each calendar quarter. If mailed, the Franchise Fee
shall be considered paid on the date it is postmarked. Each Franchise Fee payment shall be accompanied by
a report prepared by a representative of the Grantee showing the basis for the computation of the franchise
6
fees paid during that period. Any undisputed Franchise Fee payment which remains unpaid in whole or in
part, after the date specified herein shall be delinquent. For any delinquent Franchise Fee payments, Grantee
shall make such payments including interest at the prime lending rate as quoted by JP Morgan Chase &
Company or its successor, computed from time due until paid. Any undisputed overpayments made by the
Grantee to the Village shall be credited upon discovery of such overpayment until such time when the full
value of such credit has been applied to the Franchise Fee liability otherwise accruing under this Section.
5.1.1. The Parties acknowledge that, at present, the Cable Act limits the Village to collection
of a maximum permissible Franchise Fee of five percent (5 %) of Gross Revenues. In the event that a change
in the Cable Act would allow the Village to increase the Franchise Fee above five percent (5 %), the Village
shall hold a public hearing and determine if the Village should collect the additional amount. Following the
determination, the Village shall notify the Grantee of its intent to collect the increased Franchise Fee and
Grantee shall have a reasonable time (not to be less than ninety (90) days from receipt of notice from the
Village) to effectuate any changes necessary to begin the collection of such increased Franchise Fee or notify
the Grantee of its intent to not collect the increased fee. In the event that the Village increases said Franchise
Fee, the Grantee shall notify its Subscribers of the Village's decision to increase said fee prior to the
implementation of the collection of said fee from Subscribers as required by law.
5.1.2. In the event a change in state or federal law requires the Village to reduce the
franchise fee percentage that may be collected, the parties agree the Grantee shall reduce the percentage of
franchise fees collected to the lower of: i) the maximum permissible franchise fee percentage; or ii) the
lowest franchise fee percentage paid by any other Cable Operator granted a Cable Franchise by the Village
pursuant to the Cable Act, and Section 11 -42 -11 of the Illinois Municipal Code; provided that: (a) such
amendment is in compliance with the change in state or federal law; (b) the Village approves the amendment
by ordinance; and (c) the Village notifies Grantee at least ninety (90) days prior to the effective date of such
an amendment.
5.1.3. Taxes Not Included. The Grantee acknowledges and agrees that the term "Franchise
Fee" does not include any tax, fee, or assessment of general applicability (including any such tax, fee, or
assessment imposed on both utilities and Cable Operators on their services but not including a tax, fee, or
assessment which is unduly discriminatory against Cable Operators or Cable Subscribers).
5.2. Franchise Fees Subject to Audit. The Village and Grantee acknowledge that the audit
standards are set forth in the Illinois Municipal /Counties Code at 65 ILLS 5/11 -42 -11.05 (Municipal
Franchise Fee Review; Requests For Information). Any audit shall be conducted in accordance with
generally applicable auditing standards.
5.3. Proprietary Information. Notwithstanding anything to the contrary set forth in this
Agreement, the Grantee shall not be required to disclose information which it reasonably deems to be
proprietary or confidential in nature, with the exception of the information directly related to an audit of
Franchise Fees as set forth in Section 5.2. The Village agrees to treat any information disclosed by the
Grantee as confidential and only to disclose it to those employees, representatives, and agents of the Village
that have a need to know in order to enforce this Franchise Agreement and who agree to maintain the
confidentiality of all such information. For purposes of this Section, the terms "proprietary or confidential"
include, but are not limited to, information relating to the Cable System design, customer lists, marketing
plans, financial information unrelated to the calculation of Franchise Fees or rates pursuant to FCC Hiles, or
other information that is reasonably determined by the Grantee to be competitively sensitive. Grantee may
make proprietary or confidential information available for inspection but not copying or removal by the
Franchise Authority's representative. In the event that the Village has in its possession and receives a
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request under the Illinois Freedom of Information Act (5 ILCS 14011 et seq.), or similar law for the
disclosure of information the Grantee has designated as confidential, Lade secret or proprietary, the Village
shall notify Grantee of such request and cooperate with Grantee in opposing such request. Grantee shall
indemnify and defend the Village frorn and against any claims arising from the Village's opposition to
disclosure of any information Grantee designates as proprietary or confidential. Compliance by the Village
with an opinion or directive from the Illinois Public Access Counselor or the Illinois. Attorney General under
the Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., or with a decision or order of a court with
jurisdiction over the Village, shall not be a violation of this Section.
SECTION 6: Transfer of Cable System or Franchise or Control of Grantee
6.1. Neither the Grantee nor any other Person may transfer the Cable System or the Franchise
without the prior written consent of the Village, which consent shall not be unreasonably withheld or
delayed.
6.2. No transfer of control of the Grantee, defined as an acquisition of fifty -one percent (51 %) or
greater ownership interest in Grantee, shall take place without the prior written consent of the Village, which
consent shall not be unreasonably withheld or delayed.
6.3. No consent shall be required, however, for (i) a transfer in trust, by mortgage, hypothecation,
or by assignment of any rights, title, or interest of the Grantee in the Franchise or in the Cable System in
order to secure indebtedness, or (ii) a transfer to an entity directly or indirectly owned or controlled by
Comcast Corporation.
6.4. The Grantee, and any proposed transferee under this Section 6, shall submit a written
application to the Village containing or accompanied by such information as is required in accordance with
applicable law and FCC regulations, specifically including a completed Form 394 or its successor,_ and in
compliance with the processes established for transfers under FCC rules and regulations, including Section
617 of the Cable Act, 47 U.S.C. §537. Within thirty (30) days after receiving a request for consent, the
Village shall, in accordance with FCC rules and regulations, notify the Grantee in writing of the additional
information, if any, it requires to determine the legal, financial and technical qualifications of the transferee
or new controlling party. If the Village has not taken final action on the Grantee's request for consent within
one hundred twenty (120) days after receiving such request, consent shall be deemed granted. Asa condition
to granting of any consent, the Village may require the transferee to agree in writing to assume the
obligations of the Grantee under this Franchise Agreement.
6.5. Any transfer of control resulting from or after the appointment of a receiver or receivers or
trustee or trustees, however denominated, designated to take over and conduct the business of the grantee,
whether in a receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership
or trusteeship shall have been vacated prior to the expiration of a one hundred twenty (120) day period, shall
be heated as a transfer of control pursuant to 47 U.S.C. §537 and require the Village's consent thereto in the
manner described in Section 6 above.
SECTION 7: Insurance and Indemnitv
7.1. Insurance. Throughout the term of this Franchise Agreement, the Grantee shall, at its own
cost and expense, maintain such insurance and provide the Village certificates of insurance in accordance
with Title 7, Chapter 9 of the Municipal Code of Morton Grove.
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7.2. Indemnification. The Grantee shall indemnify, defend and hold harmless the Village, its
officers, employees, and agents (the "Indemnitees ") from and against any injuries, claims, demands,
judgments, damages, losses and expenses, including reasonable attorney's fees and costs of suit or defense,
arising in the course of the Grantee constructing and operating its Cable System within the Village. The
Grantee's obligation with respect to the Indemnitees shall survive for all claims made or actions filed within
one (1) year following either the expiration or earlier termination or expiration of this Agreement. The
Village shall give the Grantee timely written notice of its obligation to indemnify and defend the Village
after the Village's receipt of a claim or action pursuant to this Section. For purposes of this Section, the
word "timely" shall mean within a time period that does not cause prejudice to the respective positions of the
Grantee and/or the Village. If the Village elects in its own discretion to employ additional counsel, the costs
for such additional counsel for the Village shall be the responsibility of the Village.
7.2.1. The Grantee shall not indemnify the Village for any liabilities, damages, costs or
expense resulting from any conduct for which the Village, its officers, employees and agents may be liable
under the laws of the State of Illinois.
7.2.2.
Nothing herein shall be construed to
limit
the Grantee's
duty to indemnify the Village
by reference to the
limits of insurance coverage described in
this
Agreement.
SECTION 8: Public Educational and Governmental (PEG) Access
8.1. PEG Capacity. The Grantee shall provide capacity for the Village's noncommercial Public,
Educational and Governmental Access ( "PEG ") Programming through one Channel (flee "Channel ") on the
Grantee's Cable System. Unless otherwise agreed to by the Village and the Grantee to the extent required by
applicable law, the Channel may be carried on the Grantee's basic digital service tier. The Village's PEG
Access Programming shall be provided consistent with Section 611 of the Cable Act, as amended from time
to time.
8.2. Rules and Procedures for Use of the PEG Access Channel. The Village shall be responsible
for establishing, and thereafter enforcing, rules for the non- commercial use of the PEG Access Channel and
to promote the use and viewership of the Channel.
8.3. Allocation and Use of the PEG Access Channel, The Grantee does not relinquish its
ownership of a Channel by designating it for PEG use. However, the PEG Access Channel is, and shall be,
operated by the Village. The Village shall adopt rules and procedures under which Grantee may use the PEG
Access Channel for the provision of Video Programming if the PEG Access channel is not being used for its
designated purpose(s) pursuant to Section 611(d) of the Cable Act, 47 U.S.C. §531.
8.4. Editorial Control. Grantee shall not exercise any editorial control over any use of the PEG
Access Channel except as permitted by 47 U.S.C. §531(e).
8.5. Origination Point. At such time that the Village determines that it wants to establish capacity
to allow its residents who subscribe to Grantee's Cable Service to receive PEG Access Programming
originated from Schools and /or Village facilities (other than those having a signal point of origination at the
time of the execution of this Agreement); or at such time that the Village determines that it wants to change
or upgrade a location from which PEG Access Programming is originated; the Village will give the Grantee
written notice detailing the point of origination and the capability sought by the Village. The Grantee agrees
to submit a cost estimate to implement the Village's plan within a reasonable period of time. After an
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agreement to reimburse the Grantee for its expenditure within a reasonable period of time, the Grantee will
implement any necessary system changes within a reasonable period of time.
8.6. PEG Signal Quality. Provided the PEG signal feed is delivered by the Village to the
designated signal input point without material degradation, the PEG Channel delivery system from the
designated signal input point shall meet the same FCC technical standards as the remainder of the Cable
System set forth in this Agreement.
8.7. PEG Capital Support. At its sole discretion, the Village may designate a PEG access capital
project to be funded by the Village as set forth herein. "The Village shall send written notice of the Village's
desire for Grantee to collect as an external charge a PEG Capital Fee of up to thirty -five cents ($0.35) per
customer per month charge to be passed on to each Subscriber pursuant Section 622(g)(2)(C) of the Cable
Act (47 U.S.C. §542(g)(2)(C)). The Grantee shall collect the external charge over a period of twelve (12)
months, unless some other period is mutually agreed upon in writing, and shall make the PEG capital
payments from such sums at the same time and in the same manner as Franchise Fee payments. The notice
shall include a detailed and itemized description of the intended utilization of the PEG Capital Fee for PEG
Access Channel facilities and /or equipment and the Grantee shall have the opportunity to review and make
reconnmendations upon the Village's plan prior to agreeing to collect and pay to the Village the requested
amount. The capital payments shall be expended for capital costs associated with PEG access. Consistent
with the description of the intended utilization of the PEG Capital Fee, the Village shall be permitted to hold
all or a portion of the PEG Capital Fee from year to year as a designated fund to permit the Village to make
large capital expenditures, if necessary, as long as any finds remaining at the end of the term of this
Agreement shall be credited to PEG Capital obligations in the subsequent Franchise. Moreover, if the Village
chooses to borrow from itself or a financial institution, revenue for large PEG capital purchases or capital
expenditures, the Village shall be permitted to make periodic repayments using the PEG Capital Fee. Said
PEG Capital Fee shall be imposed within one hundred twenty days (120) of the Village's written request.
8.7.1. For any payments owed by Grantee in accordance with this Section 8.7 which are
not made on or before the due dates, Grantee shall make such payments including interest at an annual rate
of the prime lending rate as quoted by JP Morgan Chase & Company or its successor, computed from time
due until paid. Any undisputed overpayments made by the Grantee to the Village shall be credited upon
discovery of such overpayment until such time when the full value of such credit has been applied to the
Franchise Pee liability otherwise accruing under this section.
8.7.2. Grantee and Village agree that the capital obligations set forth in this Section are not
"Franchise Fees" within the meaning of 47 U.S.C. § 542.
8.8. Grantee Use of Unused Time Because the Village and Grantee agree that a blank or
underutilized PEG Access Channel is not in the public interest, in the event the Village does not completely
program a Channel, Grantee may utilize the Channel for its own purposes. Grantee may program unused
time on the Channel subject to reclamation by the Village upon no less than sixty (60) days' notice. Except
as otherwise provided herein, the programming of the PEG Access Channel with text messaging, or playback
of previously aired programming shall not constitute unused time. Text messaging containing out of date or
expired information for a period of thirty (30) days shall be considered unused time. A programming
schedule that contains playback of previously aired programming that has not been updated for a period of
ninety (90) days shall be considered unused time. Unused time shall be considered to be a period of time, in
excess of six (6) hours, where no community produced programming of any kind can be viewed on a PEG
Access Channel. Unused time shall not include periods of time where programming cannot be viewed that
10
are caused by technical difficulties, transition of broadcast media, signal testing, replacernent or repair of
equipment, or installation or relocation of facilities.
SECTION 9: Enforcement of Franchise
9.1. Notice of Violation or Default. In the event the Village believes that the Grantee has not
complied with a material term of the Franchise, it shall notify the Grantee in writing with specific details
regarding the exact nature of the alleged noncompliance or default.
9.2. Grantee's Right to Cure or Respond. The Grantee shall have thirty (30) days from the receipt
of the Village's written notice: (A) to respond to the Village, contesting the assertion of noncompliance or
default; or (B) to cure such default; or (C) in the event that, by nature of the default, such default cannot be
cured within the thirty (30) day period, initiate reasonable steps to remedy such default and notify the Village
of the steps being taken and the projected date that the cure will be completed.
9.3. Enforcement. Subject to applicable federal and state law, and following notice and an
opportunity to cure and respond pursuant to the provisions of Section 9.2 above, in the event the Village
determines that the Grantee is in default of any material provision of the Franchise, the Village may:
9.3.1. seek specific performance of any provision that reasonably lends itself to such remedy
or seek other relief available at law, including declaratory or injunctive relief:, or
9.32. in the case of a substantial or frequent default of a material provision of the Franchise,
declare the Franchise Agreement to be revoked in accordance with the following:
(i) The Village shall give written notice to the Grantee of its intent to revoke the
Franchise on the basis of a pattern of noncompliance by the Grantee. The notice shall set forth with
specificity the exact nature of the noncompliance. The Grantee shall have ninety (90) days from the receipt
of such notice to object in writing and to state its reasons for such objection. In the event the Village has not
received a response from the Grantee or upon receipt of the response does not agree with the Grantee's
proposed remedy or in the event that the Grantee has not taken action to cure the default, it may then seek
termination of the Franchise at a public hearing. The Village shall cause to be served upon the Grantee, at
least ten (10) days prior to such public hearing, a written notice specifying the time and place of such hearing
and stating its intent to request termination of the Franchise.
(ii) At the designated hearing, the Village shall give the Grantee an opportunity to
state its position on the matter, present evidence and question witnesses, after which the Village shall
determine whether or not the Franchise shall be terminated. The public hearing shall be on the record. A
copy of the transcript shall be made available to the Grantee at its sole expense. The decision of the Village
shall be in writing and shall be delivered to the Grantee in a manner authorized by Section 10.2. The
Grantee may appeal such determination to any court with jurisdiction witbin thirty (30) days after receipt of
the Village's decision.
9.4. Remedies Not Exclusive. In addition to the remedies set forth in this Section 9, the Grantee
acknowledges the Village's ability pursuant to Section 4.8 of this Franchise Agreement to enforce the
requirements and standards, and the penalties for non - compliance with such standards, consistent with the
Illinois Cable and Video Customer protection Law enacted by the Village as Ordinance 08- OiTitle
Municipal Code of Morton Grove, to enforce the Grantee's
compliance with the Village's requirements regarding "Construction of Utility Facilities in the Public Rights
-Of - Way." Notwithstanding the foregoing, nothing in this Agreement shall be interpreted to permit the
Village to exercise such rights and remedies in a manner that permits duplicative recovery from, or payments
by, the Grantee. Such remedies may be exercised from time to time and as often and in such order as may be
deemed expedient by the Village.
SECTION 10• Miscellaneous Provisions
10.1. Force Majeure. The Grantee shall not be held in default under, or in noncompliance with, the
provisions of the Franchise, nor suffer any enforcement or penalty relating to noncompliance or default
(including termination, cancellation or revocation of the Franchise), where such noncompliance or alleged
defaults occurred or were caused by strike, riot, war, earthquake, flood, tidal wave, unusually severe rain or
snow storm, hurricane, tornado or other catastrophic act of nature, labor disputes, failure of utility service
necessary to operate the Cable System, governmental, administrative or judicial order or regulation or other
event that is reasonably beyond the Grantee's ability to anticipate or control. This provision also covers
work delays caused by waiting for utility providers to service or monitor their own utility poles on which the
Grantee's cable or equipment is attached, as well as unavailability of materials or qualified labor to perform
the work necessary. Non - compliance or default shall be corrected within a reasonable amount of time after
force majeure has ceased.
10.2. Notice. Any notification that requires a response or action from a party to this franchise
within a specific time- frame, or that would trigger a timeline that would affect one or both parties' rights
under this franchise, shall be in writing and shall be sufficiently given and served upon the other party by
hand delivery, first class mail, registered or certified, return receipt requested, postage prepaid, or by
reputable overnight courier service and addressed as follows:
To the Village:
Village of Morton Grove
6101 Capulina Avenue
Morton Grove, Illinois 60053
ATTN: Village Administrator
To the Grantee:
Comcast
155 Industrial Drive
Elmhurst, Illinois 60126
ATTN: Director of Government Affairs
Recognizing the widespread usage and acceptance of electronic forms of communication, emails and faxes
will be acceptable as formal notification related to the conduct of general business amongst the parties to this
contract, including but not limited to programming and price adjustment communications. Such
communication should be addressed and directed to the person of record as specified above. Either party
may change its address and addressee for notice by notice to the other party under this Section.
10.3. Entire Agreement. This Franchise Agreement embodies the entire understanding and
agreement of the Village and the Grantee with respect to the subject matter hereof and supersedes all prior
and contemporaneous agreements, understandings, negotiations and communications, whether written or
oral. Except for ordinances adopted pursuant to Sections 2.4 and 2.5 of this Agreement, all ordinances or
parts of ordinances related to the provision of Cable Service that are in conflict with or otherwise impose
obligations different from the provisions of this Franchise Agreement are superseded by this Franchise
Agreement.
12
10.3.1. The Village may adopt acable television /video service provider regulatory ordinance
that complies with applicable law, provided the provisions of any such ordinance adopted subsequent to the
Effective Date of this Franchise Agreement shall not apply to the Grantee during the term of this Franchise
Agreement.
10.4. Severability. If any section, subsection, sentence, clause, phrase, or other portion of this
Franchise Agreement is, for any reason, declared invalid, in whole or in part, by any court. agency,
commission, legislative body, or other authority of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent portion. Such declaration shall not affect the validity of the remaining
portions hereof, which other portions shall continue in full force and effect. If any material provision of this
Agreement is made or found to be unenforceable by such a binding and final decision, either party may
notify the other in writing that the Franchise has been materially altered by the change and of the election to
begin negotiations to amend the Franchise in a manner consistent with said proceeding or enactment;
provided, however, that any such negotiated modification shall be competitively neutral, and the parties
shall be given sufficient time to implement any changes necessitated by the agreed -upon modification.
10.5. Governing Law. This Franchise Agreement shall be deemed to be executed in the State of
Illinois, and shall be governed in all respects, including validity, interpretation and effect, and construed in
accordance with, the laws of the State of Illinois and /or Federal law, as applicable.
10.6. Venue. Except as to any matter within the jurisdiction of the federal courts or the FCC, all
judicial actions relating to any interpretation, enforcement, dispute resolution or any other aspect of this
Agreement shall be brought in the Circuit Court of the State of Illinois, Cook County, Illinois. Any matter
brought pursuant to the jurisdiction of the federal court shall be brought in the United States District Court of
the Northern District of Illinois.
10.7. Modification. Except as provided in Sections 5. 1.1 and 5.1.2, no provision of this Franchise
Agreement shall be amended or otherwise modified, in whole or in part, except by an instrument, in writing,
duly executed by the Village and the Grantee, which amendment shall be authorized on behalf of the Village
through the adoption of an appropriate ordinance or resolution by the Village, as required by applicable law.
10.8. No Third -Part y Beneficiaries. Nothing in this Franchise Agreement is intended to confer
third -parry beneficiary status on any person, individual, corporation or member of the public to enforce the
terms of this Franchise Agreement.
10.9. No Waiver of Rights. Nothing in this Franchise Agreement shall be construed as a waiver of
any rights, substantive or procedural, Grantee may have under Federal or state law unless such waiver is
expressly stated herein.
10.10. Validity of Franchise Agreement. The parties acknowledge and agree in good faith on the
validity of the provisions, terms and conditions of this Franchise Agreement, in their entirety, and that the
Parties have the power and authority to enter into the provisions, terms, and conditions of this Agreement.
10.11. Authority to Simi Agreement. Grantee warrants to the Village that it is authorized to execute,
deliver and perform this Franchise Agreement. The individual signing this Franchise Agreement on behalf of
the Grantee warrants to the Village that s/he is authorized to execute this Franchise Agreement in the name of
the Grantee.
13
IN WITNESS WHEREOF, this Franchise Agreement has been executed by the duty authorized
representatives of the parties as set forth below, as of the date set forth below:
For the Village of Morton Grove: For Comeast of Illinois VI, LLC:
By:
By:
Name:
— ... —.�— - -- Name:
Title: Title:
Date: Date:
14
Legislative Summary
Ordinance 13 -07
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 PUBLIC WORKS FOR THE VILLAGE
Introduced
June 10, 2013
Objective
To establish prevailing wages for public works projects within the Village of
Morton Grove.
Purpose:
To comply with the requirements of the Illinois Prevailing Wage Act, 820 ILCS 130
et seq.
Background:
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:
http: / /www.state.il.us /ggenc /iy ciol /rates /EVENMO /COOK9999.litm. 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,
Programs, Departments
Administration and Legal Departments
or Groups Affected
Fiscal Impact:
Not applicable.
Source of Funds:
Not applicable.
Workload Impact:
The implementation of this ordinance will be performed by Corporation Counsel.
Administrator
Approval as presented.
Recommendation:
Second Reading:
Staff is respectfully requesting the second reading be waived due to the timeframe
in which this document is to be received and filed with the State of Illinois.
Special Considerations or
None
Requirements:
Administrator Approval
Prepared by:
Teresa Flo Liston, Corporation Counsel
r�
anamman M1
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 820ILCS 130/1 -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 June 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 2013, a copy of that
determination being attached hereto as 1,xltibi "A77 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 shall constitute notice that this is the
determination of the Village of Morton Grove and ineffective.
SECTION 8: This Ordinance shall be in full force and effect from and after its passage and
approval.
PASSED THIS 10 °i day of June 2013.
Trustee Grear
Trustee Kalogerakos
Trustee Marcus
Trustee Pietron
Trustee Thill
Trustee Toth
APPROVED by me this 10`h day of June 2013.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office this
I I t" Day of June 2013.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
legis \ord \prevai 1 ing wage
Legislative Summary
Resolution 13 -38
AUTHORIZING THE SALE OF SURPLUS PERSONAL PROPERTY
Introduced:
Synopsis:
Purpose:
Back ground:
Programs, Departments
Or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Admin Recommendation:
First Reading:
Special Consideration or
Requirements:
Respectfully submitted:
OWNED BY THE VILLAGE OF MORTON GROVE
.Tune 10. 2013
This resolution will authorize the sale of motor vehicles deemed surplus
property.
Selling motor vehicles and equipment through the Northwest
Municipal
Conference run
auction in cooperation with Manheim
Auctions,
Inc.
provides for an
effective means for the Village to sell
surplus
vehicles.
The Public Works Department in its normal course of business annually
reviews vehicle and equipment conditions for all Village departments. After
a review by the department some of the equipment is determined to be no
longer useful for a variety of reasons; some reasons being but not limited to
the cost of maintenance, scheduled for replacement, outdated, or no longer
used by Village departments. Ordinance 05 -27 allows the Village to sell
surplus motor vehicles pursuant to a resolution approved by simple majority
of the Village Board of Trustees.
Public Works Department, Finance.
Due to the auction location at Manheim Arena in Bolingbrook Illinois, a fee
of $117.00 is necessary for the transportation of the 1988 Ford F350. Funds
generated by the sale of equipment at auction are unknown at this time.
N/A
Minimal, delivery of equipment to auction.
Approval as presented.
Not required
None
Administrator
Reviewed
Prepared by: Reviewed bv:
—/au T�, Streeto Superintendent
Works Director
Corporation Counsel
AUTHORIZING THE SALE BY PUBLIC AUCTION
OF PERSONAL PROPERTY
OWNED BY 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, Article VII, Section 10 of the Constitution of the State of Illinois, and Chapter
127, paragraphs 741 -748 of the Illinois Revised Statutes, authorize and encourage intergovernmental
cooperation; and
WHEREAS, the Northwest Municipal Conference/Manheim Auction Service Inc, a corporate
organization representing municipalities and townships chartered within the State of Illinois and
Counties of Cook, Lake, McHenry, Kane, and DuPage organizes joint municipal auctions of surplus
vehicles; and
WHEREAS, on or about May 23, 2005, the Corporate Authorities adopted Ordinance 05 -27
which provides "obsolete or surplus personal property which is, in the opinion of the Finance Director
and Village Administrator, no longer necessary or useful to the Village and has an estimated value
exceeding $1,000 and all motor vehicles and real property of any value of the Village of Morton Grove
shall be sold subject to approval by resolution of a simple majority of the Village Board of Trustees ".
WHEREAS, the Finance Director, Village Administrator, and Director of Public Works have
deemed those vehicles listed in Exhibit "A" are no longer necessary or useful to the Village and the
Director of Public Works has recommended these vehicles be sold at the joint municipal auction of
surplus vehicles conducted by the Northwest Municipal Conference /Manheim Auction Service Inc.
WHEREAS, attached as Exhibit "A" is a list of vehicles to be auctioned.
NOW, THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, AND ILLNOIS 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 Ordinance 05 -27 of the Village of Morton Grove, the Village
President and Board of Trustees for the Village of Morton Grove find the described personal property
listed on Exhibit "A" attached hereto now owned by said jurisdiction is no longer necessary or useful
to said jurisdiction and said jurisdiction would be best served by the sale of the properties.
SECTION 3: The Village Administrator for the Village of Morton Grove is hereby authorized
to direct the sale of the aforementioned personal property at the following Northwest Municipal
Conference/ Manheim Auction Service Inc. auction scheduled for:
12:00 p.m.
Tuesday ,tune 18, 2013
Manheim Arena Illinois
550 South Bolingbrook Drive
Bolingbrook, Illinois 60440
SECTION 4: The Administrator is hereby authorized to direct the Northwest Municipal
Conference /Manheim Auction Service Inc to advertise the sale of the aforementioned personal property
through area newspapers, direct mailings, and other channels deemed appropriate prior to the date of
said auction.
SECTION 5: The Village Administrator is authorized to direct the Northwest Municipal
Conference /Manheim Auction Service, Inc. to enter into an agreement for the sale of said property
whereby said property is sold at the auction according to the terms set forth in the Specifications for the
Sale of Vehicles and Equipment at Northwest Municipal Conference / Manheim Auctions attached
hereto and made a part of this resolution.
SECTION 6: No bid shall be accepted for the sale of an item, which is less than the minimum
value set forth herein, unless the Village Administrator, or the designee of the Village Administrator so
authorizes at the time of the auction.
SECTION 7: Upon payment in full of the auctioned price for the aforesaid items of personal
property by the highest bidder, the Village Administrator is authorized to direct the Northwest
Municipal Conference/Manheim Auction Service Inc. to convey and transfer the title and ownership of
said personal property to the bidder.
SECTION 8: This Resolution shall be in full force and effect from and after its passage.
PASSED this 10 "' day of June 2013.
Trustee Grear
Trustee Kalogerakos
Trustee Marcus
Trustee Pietron
Trustee Thill
Trustee Toth
APPROVED by me this 10'h day of June 2013
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and PILED in my office
this I 1 "' day of June 2013.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
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Legislative Summary
Resolution 13 -39
AUTHORIZING THE EXECUTION OF A CONTRACT WITH INSITUFORM
TECHNOLOGIES, INC. FOR THE 2013 SEWER LINING PROGRAM
Introduced: � June 10, 2013
Synopsis:
Purpose:
Background:
Programs, Departs
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Admin Recommend:
First Reading:
Special Consider or
Requirements:
To authorize the execution of a contract with Insituform Technologies, Inc., 12897 Main
Street, Lemont, Illinois, for the 2013 Sewer Linine Provranr
The 2013 Sewer Lining Progrmn is necessary to maintain the Village's sewer system.
The program includes the repair of a sanitary sewer on Maple Avenue from Washington
Street to Merrill Avenue, Marion Avenue from Emerson Street to Beckwith Road and
Wilson Avenue from Harlem Avenue to Marion Avenue.
The Village contracts with a sewer lining contractor to rehabilitate sewers within the
Village to maintain the structural integrity, improve efficiency, decrease infiltration, and
extend the service life of the sewer. The cured -in -place pipe reduces costs, parkway
destruction, tree removal, and resident inconveniences caused by traditional repairs
requiring excavation. This contract was bid through the Local Government Public
Improvements Consortimn for Sewer Lining Improvements and bids were publicly
opened and read at the Village of Cary's Village Hall on May 29, 2013, at 10:00 a.m.
Public Works, Engineering Division and Sewer Division
The actual low bid amount totaled $1,367,973.15 from Insituform Technologies, Inc. of
which $87,329.45 is associated with the scope of work intended by the Village of Morton
Grove. It is practical to reduce the quantity of sewer lining in order to meet the 2013
Adopted Budget amount not to exceed $72,000.00. Change Order No. I will be issued to
reduce the estimated contract value to $67,000.00. Since this is a unit price contract, the
final contract amount will be based on the actual quantity of work performed.
Funding for the 2013 Sewer Lining Program is in the Enterprise Fund - Account No.:
405034 - 552290 in the amount of $72,000.00
The Public Works Department, Engineering Division, as part of their normal work
activities, performs the management and implementation of the program.
Approval as presented.
June 10. 2013
None
ce —A2
Respectfully submitted: Reviewed by:
Ryan J. [ ome illage Administrator Andy D onte, director of Public Works
Prepared by ADaluul
, �� -' Reviewed by: _ �� �` —'-'�
Joscistant D irector of Public Works Teresa Hoff stun. Coruoration Cot,msel
RESOLUTION 13 -39
AUTHORIZATION TO EXECUTE A CONTRACT WITH
INSITUFORM TECHNOLOGIES, INC.
FOR THE
2013 SEWER LINING 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 2013 Sewer Lining Program is necessary in order to maintain the Village's existing
sewer main infrastructure; and
WHEREAS, the Public Works Department participated in the cooperative purchasing initiative
which included four communities and was administered by the Village of Cary to procure sewer lining
services for the 2013 Sewer Lining Program to install Cured -in -Place Pipe Lining at the following
locations:
Size and Type Street Between L91 9th
8" Sanitary Sewer Maple Avenue Washington Street to Merrill Avenue 910 LF
8" Sanitary Sewer Marion Avenue Emerson Street to Beckwith Road 775 LF
8" Sanitary Sewer Wilson Terrace Harlem Avenue to Marion Avenue 465 LF
and
WHEREAS, four bids were received, publicly opened, and read at the Village ofCaiy's Village Hall at
10:00 p.m. on May 29.2013;
WHEREAS, the low bidder, Insitufom Technologies, Inc., 12897 Main Street, Lemont, Illinois 60439
submitted a bid amo unt of $15367,973,1 5, of which $87,329.45 is associated with the scope of work intended by
the Village of Morton Grove; and
WHEREAS, funding for the above work is included in the amount of $72,000.00 in the Adopted
Village of Morton Grove 2013 Budget in Account Number 405034 - 552290; and
WHEREAS, it is practical to reduce the quantity of sewer Lining to meetthe adopted budgeted amount;
and
WHEREAS, the availability and qualification of Insitufonn Technologies, USA, LLC were verified by
the Village of Cary.
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 to a contract with Insitufom Technologies, Inc., 12897 Main Street, Lemont, Illinois
60439, based upon their bid for the "2013 Sewer Lining Program" in the estimated amount of $87,329.45.
SECTION 3. The Village Administrator and Village Engineer are hereby authorized to coordinate the
implementation of this contract with Insitufom Technologies, Inc.
SECTION 4. The Village Administrator, Public Works Director and Village Engineer are hereby
authorized to authorize Change Order No. 1 to reduce the estimated amount for the work to $67,000.00.
SECTION 5. This Resolution shall be in full force and effect upon its passage and approval.
PASSED this I Oth day of June 2013
Trustee Grear
Trustee Kalogerakos
Trustee Marcus
Trustee Pietron
Trustee Thill
Trustee Toth
APPROVED by me this 10th day of June 2013
ATTESTED and FILED in my office
This 1 I th day of June 2013
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
Let=islative Summary
r Resolution 1.3 -40
AUTHORIZATION TO AMEND THE VILLAGE OF MORTON GROVE
PUBLIC WORKS 2013 BUDGET
Introduced:
Objective:
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
First Reading:
.Tune 10, 2013
To authorize an amendment to the 2013 Public Works budget.
The purpose of the amendment is to carry over unused funds from the 2012
budget into the current 2013 budget ensuring adequate funding will be
available in that particular budget to cover approved 2013 equipment
purchases.
The 2012 Village budget was approved on December 12, 2011, which
included the approval for the purchase of new equipment for the street and
water departments. That equipment was ordered with expected delivery by
December 31, 2012. However delivery and billing for three pieces of
equipment is still pending; normally funds would have been carried over
from the 2012 budget into the 2013 budget to cover said cost. Unfortunately
the 2013 budget was prepared and approved before we realized delivery and
billing would not be until the first quarter of 2013.
Finance and Public Works
$255,576
General (025017 - 572010) and Enterprise (405033- 572030) Funds
Work required will be handled through the normal course of work
Approval as presented.
Not required.
Special Considerations or I Pursuant to 1 -9E -6 of the Village of Morton Grove Code, Budget
Requirements: 4Rya A dment s require a two - thirds (5) vote of the Corporate Authorities.
Respectfully submitted: r! Reviewed by: . Hon e, illage Administrator Remy Navaifete, F }lance Director /Treasurer
Prepared by /e7 Reviewed by:
orks Teresa 1i 9 iston, Corporation Counsel
RESOLUTIOIN 13 -40
AUTHORIZATION TO AMEND THE VILLAGE OF MORTON GROVE
PUBLIC WORKS 2013 BUDGET
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 Village budget was approved on December 12, 2011, which
included approval for the purchase of new equipment for the Street and Water Departments; and
WHEREAS, that equipment was ordered with expected delivery by December 31, 2012;
and
WHEREAS, delivery and invoicing for the three pieces of equipment is still pending; and
WHEREAS, funds would normally have been carried over from the 2012 Budget into the
2013 Budget to cover said cost; and
WHEREAS, the 2013 budget was prepared and approved before the realization the
equipment would not be delivered and invoiced before the first quarter of 2013; and
WHEREAS, attached as Exhibit "A" is the approved purchase orders for the equipment,
showing approval, funding sources and dates ordered.
NOW, THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, AND ILLINOIS
AS FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Resolution as though fully set forth therein thereby making the findings as
hereinabove set forth.
SECTION 2: The Village's Finance Director /Treasurer for the Village of Morton Grove
is hereby authorized to transfer unused funds from the 2012 Enterprise Fund (405033 - 572030) in
the amount of $180,755 into the 201 .3 Enterprise Fund (405033 - 572030).
SECTION 3: The Village's Finance Director /Treasurer for the Village of Morton Grove
is hereby authorized to transfer unused funds from the 2012 Street Department General Fund
(025017 - 572010) in the amount of $74,821 into the 2013 Street Department General Fund
(025017 - 572010).
SECTION 4: This Resolution shall be in full force and effect from and after its passage.
PASSED this 10`h day of June 2013,
Trustee Grear
Trustee Kalogerakos
Trustee Marcus
Trustee Pietron
Trustee Thill
Trustee Toth
APPROVED by me this 10 "' day of June 2013.
Daniet P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
this 11 `h day of June 2013.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
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DIRECTOR
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ORIGINAL
TONY S. KALOGtRAKOS, Village Clerk
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ON GROVE
PURCHASE DE No. 46673
SEE CONDITIONS ON REVERSE SIDE SHOW Da9EE NO w w
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ACCOLfNT NO-'
—G DA IRE USIifONER 405033 - 572030 ORIGINAL DAT
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SEND INVOKE TO: AVILLAGE OF MORTON GROVE 6101 CAFULINA AVE. MORTON GROVEr IL 60053.2402
ACCOUNT No.
ORIGINAL P, I DATE SHfP%NG DATE REQ— ~i-
UISRIONER --
405033-572030 405033-572030 ❑CONFIUMINC 9�12a12
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RECEIVING INFORMATION J
❑ COMPLETE DATE
❑INITIAL
PART1Al. DATE r k'. -. INITIAL
CONDIWONE AND TERM$ ON THE R SE RWE WiLL A6gq;Y
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OF INVOICE OR ANY RIGHT
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Legislative Summary
Resolution 13 -33 - - -I
APPOINTING A DIRECTOR AND ALTERNATE DIRECTOR
TO THE SOLID WASTE AGENCY OF NORTHERN COOK COUNTY
Introduced:
Tune 10, 2013
Synopsis:
To authorize a representative to the Solid Waste Agency of Northern Cook
County (SWANCC).
Purpose:
The Village of Morton Grove, as a member of SWANCC is entitled to
appoint a Director to serve on the Agency's Board. The Board of Directors
approves the yearly budget for the Agency, and sets policy for the region's
long term plan to manage the area's garbage.
Background:
SWANCC is a unit of local government and a non -profit corporation which
was formed by 23 municipalities in northern Cook County in 1988. In 1999,
SWANCC developed a long term plan to manage the region's garbage that is
directed by the SWANCC Board of Directors. Each year the Village
appoints a Director and Alternate Director(s) to SWANCC to represent the
Village's interest. The Village Board has selected Trustee John Thill as the
Village's Director and Trustee John Pietron and Village Administrator Ryan
J. Horne as its Alternate Directors.
Programs, Departments
Administration, Finance, and Public Works Departments
or Groups Affected
Fiscal Impact:
None
Source of Funds:
N/A
Workload Impact:
Trustee Thill's, Trustee Pictron's and Mr. Home's appointment to the Board
of Directors will be supported by the Finance Department, and Director of
Public Works as part of their normal work load.
Administrator
Approval as presented
Recommendation:
First Reading:
Not Required
Special Considerations or
None
Requirements:
Prepared and Respectfully Submitted by:
Teresa Hoff nanIpstbyt orporat— ion Counsel
I'
APPOINTING A DIRECTOR AND ALTERNATE DIRECTOR
TO THE SOLID WASTE AGENCY OF NORTHERN COOK COUNTY
WFIEREAS, 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 Solid Waste Agency of Northern Cook County (SWANCC) is a unit of local
government and a non -profit corporation which was formed by 23 municipalities in northern Cook County
in 1988; and
WHEREAS, in 1999 SWANCC developed a Long tern plan to manage the region's garbage that is
overseen by the SWANCC Board of Directors; and
WHEREAS, the SWANCC Board of Directors is comprised of representatives of member
communities including Morton Grove which are appointed by each community on a yearly basis; and
WHEREAS, the President and Board of Trustees of the Village of Morton Grove wish to appoint
Trustee John Thill as the Village's Director on the SWANCC Board of Directors; and appoint Trustee John
Pietron and Village Administrator Ryan J. Horne as its Alternate Directors.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses
into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth.
SECTION 2: The Village of Morton Grove as a member of the Solid Waste Agency of Northern
Cook County and, pursuant to the SWANCC Agreement establishing the Solid Waste Agency ofNorthern
Cook County, is entitled to appoint a Director and one or more Alternate Director(s) to the Board of
Directors of SWANCC.
SECTION 3: The President and Board of Trustees appoint Trustee John Thill as the Village's
Director on the Board of Directors of SWANCC and appoints Trustee John Pietron and Village
Administrator Ryan J, Horne as its Alternate Directors, in each case for a term expiring December 31, 2014,
or until his/her successor is appointed.
SECTION 4: This Resolution shall be in full force and effect from and after its adoption.
PASSED THIS 10`x' day of June 2013.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Kalogerakos
Marcus
P i etron
Thill
Toth
APPROVED BY ME THIS 10"' day of June 2013.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office this
11 "' day of June 2013.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Legislative Summary
Resolution 13 -35
AUTHORIZING THE APPOINTMENT OF DELEGATES TO THE
INTERGOVERNMENTAL PERSONNEL BENEFIT COOPERATIVE
Introduced:
Synopsis:
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
First Reading:
Special Considerations or
Requirements:
June I0, 2013
This resolution will authorize the continued membership in the
Intergovernmental Personnel Benefit Cooperative (IPBC).
To continue providing cost effective health and life insurance benefits to Village
employees.
The Village has been a member of the Intergovernmental Personnel Benefit
Cooperative for several years. Delegates are needed to represent the Village in
IPBC matters. This resolution designates the Village Administrator and Finance
Director /Treasurer as Village representatives.
Administration and Finance Departments
Not applicable
Not applicable
The Village Administrator and Finance Director /Treasurer will implement and
administer the procedures already established for the cooperative program during
the course of normal daily activities.
Approval as presented
Not required
None
Prepared and Respectfully Submitted by
!11. ioTerea ofma Cn Co unsel
RESOLUTION 13 -35
AUTHORIZING THE APPOINTMENT OF DELEGATES TO THE
INTERGOVERNMENTAL PERSONNEL BENEFIT COOPERATIVE
WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois,
is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of
the State of Illinois, can exercise any power and perform any function pertaining to its
government affairs, including but not limited to the power to tax and incur debt; and
WHEREAS, the Intergovernmental Personnel Benefit Cooperative (IPBC) is an
association of numerous units of local government which administer some or all of the personnel
benefit programs offered by its member units for their respective officers and employees; and
WHEREAS, the Village of Morton Grove adopted the contract and by -laws of the
Intergovem mental Risk Management Agency by ordinance and thereby became a member of said
cooperative; and
WHEREAS, the Village of Morton Grove as a participating member is authorized to
designate persons who shall act as delegates to the IPBC; and
NOW, THEREFORE, BE IT RESOLVED BY TIME PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION l: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Resolution as though fully set forth therein thereby making the findings as
hereinabove set forth.
SECTION 2: The Village Administrator Ryan J. Horne is hereby designated to act as the
Village of Morton Grove's delegate to the IPBC, and the Finance Director Remy Navarrete is
hereby designated as the alternative delegate, and said delegate and alternative delegate are
hereby authorized to represent the Village of Morton Grove at various meetings of the
Intergovernmental Personnel Benefit Cooperative.
SECTION 3: This Resolution shall be in full force and effect upon its passage and
approval.
PASSED THIS 10`x' DAY OF JUNE 2013.
Trustee
Trustee
"Frustee
Trustee
Trustee
Trustee
Great
Kalogerakos
Marcus
Pietron
Thi l l
'Loth
APPROVED BY ME THIS 10 °i DAY OF JUNE 2013.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This I I"' DAY OF JUNE 2013.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois