HomeMy WebLinkAbout2013-07-08 Agenda• •
TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4.
9
7
July 8, 2013
7 :00 pm
Approval of Minutes — Special Meeting of June 24, 2013
Regular Meeting of June 24, 2013
Special Reports
a. Swearing In Ceremony for Police Sergeant Eric Eimer and Police Commander Ed Panko to be
made by Fire and Police Commission Chairperson Mike Simkins
b. Presentation by Sharon Durling of the Northern Illinois Municipal Electric Collaborative
regarding electrical aggregation
C. Plan Commission Case PC13 -05 requests approval of a preliminary and final plat of subdivision
and relief from various submittal requirements in Section 12 -8 of the Village's Unified
Development Code to be presented by Plan Commission Chairperson Ron Farkas
d. Plan Commission Case PC13 -06 requests a special use for a recreational use and the associated
parking requirements in accordance with Sections 12-4 and 12 -7 of the Village's Unified
Development Code to allow for the reconstruction and alteration of an existing pool and bathhouse
and associated parking facilities to be presented by Plan Commission Chairperson Ron Farkas
Public Hearings
Residents' Comments (agenda items only)
Richard T. Flickinger Municipal Center
6101 Capulina Avenue • Morton Grove, Illinois 60053 -2985
TeL (847) 965 -4100 Fax: (847) 965 -4162
President's Report — Administration, Northwest Municipal Conference, Council of Mayors, Strategic
Plan, Comprehensive Plan
a. Proclamation — Morton Grove Woman's Club Day — July 8, 2013
b. Commission/Board/Committee appointments are requested as follows:
MG Police Facility Committee Steve Blonz Bill Simkins
Mazher Kahn Rita Minx
C. Resolution 13 -42 (Introduced July 8, 2013)
Authorizing the Execution of an Intergovernmental Agreement Between the Village and the
O'Hare Noise Compatibility Commission
d. Ordinance 13 -10 (Introduced July 8, 2013) (First Reading)
Amending Titles 4 -3 -5B entitled "Fees Established" and 4 -6D -1 to 4- 6D -20, entitled "Liquor
Control" of the Municipal Code of the Village
9. Cleric's Report — Community Relations Commission
10. Staff Reports
a. Village Administrator
1) Miscellaneous Reports and Updates
b. Corporation Counsel
1 1. 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)
Trustee Kalogerakos — Police Department, Legal, Plan Commission/Zoning Board of Appeals,
NIPSTA, Fire and Police Commission (Trustee Great)
I) Ordinance 13 -11 (Introduced July 8, 2013) (First Reading)
Approving a Preliminary and Final PIat for the McGrath Subdivision and Relief from
Various Submittal Requirements in Section 1.2 -8 of the Unified Development Code for a
15.96± Acre Parcel, Located North of Golf Road Between Harlem Ave and Waukegan Rd,
Commonly Known as 7000, 7040, 7100, and 7152 Golf Road
2) Ordinance 13 -12 (Introduced July 8, 2013) (First Reading)
Granting a Special Use Permit Use for Recreation Centers and On -Site Parking to Allow
for the Reconstruction and Alteration of an Existing Pool and Bathhouse and Associated
Parking Facilities at 9201 Oriole, Morton Grove
C. Trustee Marcus —Advisory Commission on Aging Family and Senior Services Department,
Finance Advisory Commission, Condominium Association (Trustee Toth)
11. Reports by Trustees (continued)
d. Trustee Pietron — Appearance Commission, Building Department, Real Estate Committee, IT
Communications (Trustee Thill)
e. Trustee Thill — Public Works Department, Solid Waste Agency of Northern Cook County Traffic
Safety Commission, Waukegan Road TIF, Lehigh/Ferris TIF, Dempster Street Corridor Plan
(Trustee Pietron)
1) Ordinance 13 -08 (Introduced June 24, 2013) (Second Reading)
An Ordinance to Amend Title 5, Chapter 13, Article F, Section 1 Entitled "No Parking
Streets" of the Municipal Code of the Village
2) Ordinance 13 -09 (Introduced June 24, 2013) (Second Reading)
An Ordinance to Amend Title 5, Chapter 13, Article F, Section 4 Entitled "Restricted
Parking Streets" of the Municipal Code of the Village
f. Trustee Toth — Finance Department, Capital Projects, Environmental Health, Natural Resource
Commission (Trustee Marcus)
12. Other Business
13. Presentation of Warrants - $450,051.95
14. Residents' Comments
15. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate
16. Adjournment - To ensure fedl accessibility and equal participation far all interested citizens, individuals with disabilities
who plan to attend and who require certain accommodations in order to observe and/or participate in this meeting or who
have questions regarding the accessibility of these facilities, are requested to contact Susan or Marlene (8471470 -5220)
promptly to allow the Village to make reasonable accommodations.
MINUTES OF THE JUNE 245 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 6:00 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 Grear, Tony S.
Kalogerakos, Sheldon Marcus, John Pietron, John Thill, Maria
Toth, and Clerk Ed Ramos
Absent: None
Village Staff: Village Administrator Ryan J. Horne, and Corporation Counsel
Teresa Hoffman Liston, Community and Economic Development
Director Nancy Radzevich, and Building Commissioner Bill Porter
Also Present: None
Mayor DiMaria stated the topics of the meeting were to discuss real estate, pending litigation,
personnel, and collective bargaining. These topics are appropriate for Executive Session.
Trustee Kalogerakos moved to adjourn to Executive Session to discuss real estate, pending
litigation, personnel, and collective bargaining. The motion was seconded by Trustee Marcus
and approved unanimously pursuant to a roll call vote at 6:02 pm.
At the close of the Executive Session, Trustee Kalogerakos oved to adjourn the Special
Meeting. The motion was seconded by Trustee Toth and app oved unanimously pursuant to a
voice vote at 6:57 pm. , . f
Richard T. Flickinger Municipal Center
6101 Capulina Avenue
Tel: (847) 965 -4100
Morton Grove, Illinois 60053 -2985
Fax: (847) 965 -4162
CALL TO ORDER
I & Village President Dan DiMaria called the
meeting
to order
at 7:00 p.m.
were: Trustees Bill Grear, Tony Kalogerakos,
and led the
II, assemblage in the Pledge of Allegiance.
He then
directed
the Clerk
to
call the roll.
III. Village Clerk
Ed Ramos
called the roll.
Present
were: Trustees Bill Grear, Tony Kalogerakos,
John Pietron,
and John
Thill. Trustees
Marcus
and Toth were absent with notice.
IV.
APPROVAL OF MINUTES
a. Regarding the Minutes of the June 10, 2013 Regular Board Meeting, Trustee Toth moved,
seconded by Trustee Grear, to accept the Minutes as presented. Motion passed
unanimously via voice vote. Trustees Toth and Marcus abstained, as they had been absent
from the June 10, 2013 Regular Board Meeting.
b. Regarding the Minutes of the Special Meeting of June 10, 2013, Trustee Grear moved,
seconded by Trustee Kalogerakos, to accept the Minutes as presented. Motion passed
unanimously via voice vote. Trustees Toth and Marcus abstained, as they had been absent
from the June 10, 2013 Regular Board Meeting.
V. SPECIAL REPORTS
1. North Shore Senior Center Update on Social Services
a. Liz Gordon of North Shore Senior Center (NSSC) provided an update on all social services
activities since January 1, 2013. The services the Village has contracted for include Bene-
fits /Counseling /Applications; Information and Assistance; In- Office Assistance; Fire and Police
Contacts; Health Screenings; and attendance at various health and wellness clubs and Village
Board and Commission meetings. At this point, there have been 493 resident contacts; this is
on Back to have over 1,000 contacts by year -end and 300 health screenings.
b. In addition, a Caregivers' Support Group was formed and began meeting last month, and the
Salvation Army funds have been reinitiated and are now being distributed again. Currently,
they plan to begin providing coupons to low- income residents to be used at the Farmer's
Market for fresh produce. In September, a Bereavement Support Group will begin.
Minutes June
said that, when the NSSC plans a
big
of 24, 2013.
Board Meetin"
calendar from Mr. Horne, to avoid
V. SPECIAL REPORTS (continued)
c. Ms. Gordon said that a running log is kept of every inquiry for assistance; the type of
assistance requested; and the resolution of the call. Also every month they have a calendar
of which staff member is present and what activities will be occurring.
d. She said it's really been a busy six months, but it's a pleasure to serve the residents of
Morton Grove.
e. Trustee Grear said he would like to receive their calendar of activities every month. Village
Administrator Ryan Horne said he would put it in the trustees' packets.
f. Trustee Thill
said that, when the NSSC plans a
big
event, they should check with Village Hall
first or get a
calendar from Mr. Horne, to avoid
anv
conflirrc
g. Trustee Marcus said that, as the new liaison to the Commission on Aging, he has met with
the NSSC staff members. He noted that we're always looking for volunteers to serve on that
commission. He urged residents who would like to be involved or participate to contact him
at Village Hall or to stop at the Civic Center to learn about the wide array of services and
programs being offered. He thanked Ms. Gordon and her staff.
h. Mayor DiMaria said that donations for the bingo games are always welcomed by the NSSC
staff as well.
VI. PUBLIC HEARINGS
NONE
VII. RESIDENTS' COMMENTS (Agenda Items Only)
NONE
VIII. PRESIDENT'S REPORT
Mayor DiMaria sought concurrence for
his appointment of Wayne Addis and Joel
Greenberg
as Village Adjudication Prosecutors, to
provide more flexibility and
give residents a
better
perception of the system. Trustee Thill
moved to concur, seconded
by Trustee Kalogerakos.
Motion passed: 6 ayes, 0 nays.
Tr. Grear ave Tr. Kalogerakos aae
Tr. Marcus
aye
Tr. Pietron aae Tr. Thill
avee
Tr. Toth
aae
2. Next Mayor DiMaria sought concurrence for his appointment of Susan Anderson to the
Police and Fire Commission. Trustee Grear so moved, seconded by Trustee Marcus.
Motion passed unanimously via voice vote.
Minutes of June 24, 2013 Board Meeting
VIII. PRESIDENT'S REPORT (continued)
Trustee Toth noted that it was important for Board Members to receive resumes from all
residents the Mayor wishes to appoint. She said she would also be interested in knowing if
any given appointment is a replacement or for filling a vacancy on a Commission or Board.
Mayor DiMaria said that the appointment of Mrs. Anderson was to fill a vacancy of an
appointment that expired a year or so ago. He stated that the Executive Secretaries have
the resumes, and he would ensure that copies of resumes were included in the Board packets
going forward.
IX.
Clerk Ramos had no report
X.
A. Village Administrator
CLERK'S REPORT
STAFF REPORTS
Village Administrator Ryan Horne had no report.
B. Corporation Counsel:
Corporation Counsel Liston had no report.
XI.
A. Trustee Grear:
TRUSTEES'REPORTS
Trustee Greer had no formal report, but encouraged everyone to purchase raffle tickets for the
Morton Grove Days event. He said tickets could be purchased at Village Hall or at the Park
District for $5 each or a book of 5 for $20. First prize is $2,000 cash; second prize is $500
cash; and third prize is a $300 gift certificate for Menards.
Trustee Kalogerakos:
B.
Trustee Kalogerakos had no report.
C. Trustee Marcus:
Trustee Marcus had no report.
Minutes of June 249 2013 Boats Meetin 'i
Xl. TRUSTEES' REPORTS (continued)
D. Trustee Pietron:
Trustee Pietron presented Ordinance 13 -06, Authorizing the Renewal of a Non- Exclusive
Cable Television Franchise Agreement by and Between Comcast of Illinois Vl, LLC, and
the Village of Morton Grove.
This is the second reading of this ordinance.
Trustee
Pietron
explained
that the original franchise agreement
with Comcast of Illinois VI,
LLC has
lapsed
and they are requesting that the agreement be
renewed.
Trustee Pietron moved to adopt Ordinance 13 -06, seconded by Trustee Toth.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aae Tr. Kalogerakos acre Tr. Marcus aye
Tr. Pietron aye Tr. Thill aye Tr. Toth aye
E. Trustee Thill:
Trustee Thill presented for a first reading Ordinance 13 -08, Amending Title 5, Chapter 13,
Article F, Section 1 of the Municipal Code of Morton Grove Entitled "No Parking
Streets."
a. He explained that this ordinance will create parking restrictions that will meet the current and
future needs of the businesses on Nagle Avenue.
b. Trustee Thill said that the Traffic Safety Commission had received a Request for Review to
restrict parking on Nagle Avenue opposite a driveway where Lifeway Foods, Inc. receives
its deliveries and ships its products. Research by Village staff noted that existing parking
restrictions in the area are not included in the Municipal Code and are therefore not legally
enforceable. Four of the five businesses in the area, as well as the Public Works Department,
have actively participated in the development of this issue and have provided written support
for the additional parking restrictions requested by Lifeway Foods. The Traffic Safety
Commission recommends accepting the request of Lifeway Foods, and Village staff feels
it is important to codify the signed parking restrictions to make them legally enforceable.
c. There was no further discussion on Ordinance 13 -08. As this is a first reading, no action will
be taken this evening.
Z Next, Trustee Thill presented for a first reading Ordinance 13 -09, Amending Title 5,
Chapter 13, Article 4, Section 4 of the Municipal Code of Morton Grove Entitled "
Restricted Parking Streets."
a. He explained that this ordinance will eliminate a special permit parking restriction on Sayre
Avenue that the residents no longer want.
Minutes of June 24,2013 Board Meeting'.
XI. TRUSTEES' REPORTS (continued)
E. Trustee Thill: (continued)
b. Trustee Thill said that the Traffic Safety Commission had received a Request for Review to
eliminate special permit parking on the 8800 block of Sayre Avenue. This permit parking
had been established in 2002 at the request of residents in the area due to Produce World
employees parking there. Since Produce World has relocated, the need for the permit parking
is no longer there. Where there is future development at this corner, the Village will require the
development(s) to meet parking requirements in order to avoid adverse affects to the parking
on Sayre Avenue. In 2002, Village staff had recommended broadening the special permit
parking restrictions to include the 8800 and 8900 blocks of Sayre Avenue, and now supports
the elimination of the special permit parking restrictions on both blocks.
c. There was no further discussion on Ordinance 13 -09. As this is a first reading, no action will
be taken this evening.
F. Trustee Toth:
Trustee Toth had no formal report, but encouraged residents to attend or participate in the
pie contest at the Farmer's Market this coming Saturday. Residents who want to participate
need to bring two identical fruit pies to the Market no later than 10:45 a.m. All of the rules and
information can be found at the Farmer's Market website: www.mgfarmersmarket.com
XII. OTHER BUSINESS
ilk
Xlll. WARRANTS
Trustee Toth presented the Warrants for June 24, 2013, in the amount of $633,113.69.
She moved to approve the Warrants, seconded by Trustee Kalogerakcs,
Trustee Thill had several questions.
➢ On page 3, a payment of $1,400 for additional coats of paint at Village Hall. He
wondered what that was for. Finance Director Navarrete said it was because the
paint color changed after it was first applied,
➢ On page 4, a payment of $1,822 for monthly Fire Department maintenance. He
wondered what that was for. Ms Navarrete said that was for the radio tower.
➢ On page 4, a payment of almost $11,000 for legal services. He said he assumed that
was for union contact negotiations, but wondered if that was a normal price.
Corporate Counsel Liston clarified that the charges we3re indeed appropriate.
➢ On page 12, a payment to Nicor Gas for 6140 Dempster. He wondered what that was
for. Ms. Navarrete said it was for the Civic Center.
Minutes of June 24, 2013. Board Meetiu
Xlll. WARRANTS (continued)
Mayor DiMaria called for the vote on the Warrants.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Kalogerakos acre Tr. Marcus aye
Tr. Pietron acre Tr. Thill acre Tr. Toth aye
XIV. RESIDENTS' COMMENTS
Q
Eric Poders addressed the Board regarding communication. He read a posting from the
"We Grovers of Morton Grove" Facebook page which touted the Village's excellent Public
Works Department, the volunteerism displayed by residents, and other qualities that make
Morton Grove a great place in which to live, work, and raise a family. Mr. Poders commended
Mayor DiMaria and Corporation Counsel Liston for taking the time to meet with him to listen to
his ideas. He then read for the record a letter he had composed to Mayor DiMaria, in which
he noted that "now is the time" for all local government bodies to provide factual information to
their constituents and to promote Morton Grove. He felt that key media and communication
personnel at the Village, Park District, School Districts, and Public Library should meet and
work together to share communications tools and techniques to bring the local community
together and to develop a common platform of communication.
Michael Yousef, 9314 Mansfield, addressed the Board on the subject of owning poultry in
Morton Grove. He has lived in the Village for eight years and his favorite hobby is raising
chickens. He said chickens are smart animals, child- friendly, and he wanted to be allowed to
raise chickens in the Village. The chickens would not be free to roam; they would be kept in a
coop and a chicken run. Other communities allow this, so he hoped Morton Grove would look
into it as well. He understood that it would likely involve filing a permit and fees, and would
expect an inspector to come out and ensure that the coop was proper. He said if people
couldn't comply with the rules, they would lose the right to have chickens. Mr. Yousef said he
had been honored to meet with Mayor DiMaria and talk about this subject, whch is near and
dear to his heart.
3. Georgianne Brunner made an appeal asking for volunteers to help out during the four -day
Morton Grove Days festival. She noted that there will be great entertainment, wonderful food,
activities for kids, a terrific carnival, and a spectacular parade, but the Morton Grove Days
Commission can only do it because of help from the residents! She said volunteers can work
for just a couple of hours one day up to several hours all four days. Anyone interested in
volunteering can contact her at 847 - 967 -0725 or by emailing her at lndaysG,gai!_com.
XV. ADJOURN MENTIEXECUTIVE SESSION
Trustee Kalogerakos moved to adjourn the Meeting. Trustee Thill seconded the motion.
Motion passed: 6 ayes, 0 nays.
Tr. Grear acre Tr. Kalogerakos acre Tr. Marcus aye
Tr. Pietron aae Tr. Thill acre Tr. Toth aye
The meeting adjourned at 7:33 p.m.
PASSED this 8th day of July, 2013.
Trustee
Grear
Trustee
Kalogerakos
Trustee
Marcus
Trustee
Pietron
Trustee
Thill
Trustee
Toth
APPROVED by me this 8th day of July, 2013.
Daniel
P. DiMaria,
Village
President
Board
of Trustees,
Morton
Grove, Illinois
APPROVED and FILED in my office this 9th day of July, 2013,
Ediiberto Ramos, Village Clerk
Village of Morton Grove, Cook County, Illinois
Minutes of June 24, 2013'Boerd Meetin
Minutes by Teresa Cousar
Village of Morton Grove
Department of Community Development
To: Village President and Board of Trustees
From: Ronald L. Farkas, Chairman, Plan Commission
Nancy M. Radzevich, AICP, Community and Econo is evelopment Director,
Date: July 2, 2013 tC
Re: Plan Commission Case PC13 -05: Request for approval of Preliminary and
Final Plats of Subdivision and relief from various submittal requirements in
Section 12 -8 for a 15.96 + /- acre parcel, located north of Golf Road between
Harlem Avenue and Waukegan Road, commonly known as 7000, 7040, 7100,
and 7152 Golf Road
Commission Report
Public Hearing Notice and Application
Public Notice was provided for the public hearing for PC13 -05 in accordance with applicable
requirements. A public notice was published (Pioneer Press) on May 23, 2013, letters were sent to
surrounding property owners and a public notice sign was placed on the subject property on May
31, 2013.
On June 17, 2013, a public hearing was conducted by the Morton Grove Plan Commission for
PC13 -05, a request for approval of Preliminary and Final Plats of Subdivision and relief from
various submittal requirements in Section 12 -8 for a 15.96 + /- acre parcel, located north of Golf
Road between Harlem Avenue and Waukegan Road, commonly known as 7000, 7040, 7100, and
7152 Golf Road. The application was filed by Action Glenview Ventures, LP c/o Hamilton Partners.
Kraft Foods is relocating /consolidating their offices and Action Glenview Ventures, LP c/o Hamilton
Partners has a contract purchase agreement with Phenix, the current property owner, to acquire
the site once Kraft has vacated. The property is being subdivided as part of the sale agreement
and to accommodate future redevelopment of the property.
Public Hearing — Staff Overview
Nancy Radzevich presented the case on behalf of the Village. As noted in the staff report, the
15.96 + /- acre parcel is located north of Golf Road between Harlem Avenue and Waukegan Road,
is commonly known as 7000, 7040, 7100, and 7152 Golf Road, and is zoned C -1, General
Commercial District (See zoning map, p.4.). The property is improved with an existing surface
parking lot for the Kraft Foods offices, on the abutting property to north, located in Glenview.
Ms. Radzevich stated Hamilton Partners, Inc. is requesting approval of Preliminary and Final Plats
of Subdivision to resubdivide the existing eight (8) lot parcel into four (4) lots. The subdivision is
necessary for the purchase of the property by Action Glenview Ventures, LP c/o Hamilton Partners
from Phenix.
Ms. Radzevich noted the current Village Subdivision Regulations (Section 12 -8 of the Municipal
Code) are geared towards larger scale development proposals and /or traditional multi -lot
residential subdivisions. As such, with this application for approval of Preliminary and Final Plats
of Subdivision, the applicant has also requested waivers to some of the subdivision filing
requirements. The requested waivers are for items specifically geared towards subdivision
applications with associated (re)development proposals or residential projects such as homeowner
association rules and regulations, bonds for new roadways and associated infrastructure
improvements, parking studies, etc.
Ms. Radzevich explained the approval of this four (4) lot subdivision is being requested by
Hamilton Partners to allow them to close on the purchase of the property from Phenix. Although
development of one or more of the new lots is expected in the future, the current application is
solely for the approval of a new four new lot subdivision — no development proposals have been
filed at this time. As such the associated requested waivers, as listed in the application and the
staff report, are appropriate for this application.
Ms. Radzevich further noted that the proposed lots comply with the underlying zoning in terms of
lot size and frontage requirements. From design standpoint, the propose lots are in compliance
with the basic design requirements of the subdivision code.
Public Hearing — Applicant Presentation
Todd Berlinghof, a partner with Hamilton Partners, was sworn in. Mr. Berlinghof explained this
project started approximately one year ago, with an agreement between Phenix /Kraft and
Hamilton Partners. Although they originally contemplated redevelopment of entire site, they have
since modified the plans to sell off the property to allow for the redevelopment of the northwest
corner of Golf and Waukegan and reoccupation of the balance of the site by 1TW. Two of the
four lots in the proposed subdivision, making up an 8 acre parcel, are expected to be developed by
McGrath, with an Audi dealership on one of the lots and a potential additional car dealership on
the adjacent lot in the future. The other two lots in this subdivision will remain as part of the
former Kraft site and will be utilized by I'M/. Currently there is some soil testing /removal
underway on the lot at the northeast corner of Harlem and Golf, as there had been a gas station
located in this area. Because Kraft is conducting additional investigation /remediation of that
corner parcel, they are keeping that lot as a separate parcel through this requested Plat of
Subdivision.
Mr. Berlinghof noted that in addition to the waivers to some of submittal requirements, the
application also includes a request for an extension of the recording date. Although Kraft believes
they will be able to vacate the site in November or December, Hamilton Partners is requesting the
date for recording the subdivision be extended to March 2014 to allow for any delays associated
with their move.
Commission Questions /Discussions To /With the Applicants
Chairman Farkas asked for questions from the Commissioners.
Commissioner Gabriel asked
for clarification on the
use of the four lots in the
proposed
subdivision. Mr. Berlinghof
explained ITW had not
made any determinations yet
for their
properties, but two eastern most
lots are to be sold off
to McGrath for development of
the auto
dealerships. Commissioner Gabriel asked for additional clarification on the configuration of lots 1
and 4. Mr. Berlinghof state that the reason the subdivision is proposed that way is ITW wanted
to keep the former gas station site separate, as that is the area where additional environmental
work is being done.
Commissioner Blonz asked whether the existing stop light on Golf Road would remain. Mr.
Berlinghof said it will remain unchanged and will be used as an accessway.
Commissioner Blonz asked Ms. Radzevich to explain the sections of the code for which waivers
were being sought. Ms. Radzevich responded that the waivers being requested are for submittal
requirements that are associated with development proposals and /or specifically for multi -lot
residential subdivisions and for the extension of time for recording the plats. As this application is
solely for the approval of Preliminary and Final Plats of Subdivision and does not include a defined
development proposal at this time, staff believes the requested waivers are appropriate for this
application.
Chairperson Farkas asked what the difference is between a preliminary and final plat of survey.
Ms. Radzevich responded that, typically, a Preliminary Plat would be filed with an initial
development proposal for a residential or more complex commercial development, and the final
Plat would be filed once final designs are completed are may include more details related to the
development. In this case it is straightforward subdivision of land — without an associated
development proposal —and as such both plats can be reviewed and approved concurrently. Mr.
Berlinghof added the Final Plat is needed for their closing, which is why both were filed together.
Chairperson Farkas
asked for comments
from
any interested parties. There was no one from the
public who wanted
to be heard regarding
this
petition.
Chairperson Farkas asked if there was any further discussion from the Commissioners. There was
none.
Chairperson Farkas asked if there was a motion to recommend approval of Plan Commission case
PC13 -05.
Commissioner Shimanski moved to recommend approval of PC13 -05, request for approval of
Preliminary and Final Plats of Subdivision and relief from specific submittal requirements in Section
12 -8, per the submitted application, for the 15.96 + /- acre parcel located north of Golf Road
between Harlem Avenue and Waukegan Road, commonly known as 7000, 7040, 7100, and 7152
Golf Road, with the following condition:
The Plats shall be updated, as necessary, based on the Plan Review Departmental
Comment memorandum from the Village Engineer, dated 6/3/13, prior to the Plats
being presented to the Board of Trustees for approval.
Commissioner Witko seconded the motion.
The motion passed unanimously (Yes 7; No 0; Absent 0).
Village of Morton Grove
MI "' Department of Community Development
To: Village President and Board of Trustees
ZDvelo7pment From: Ronald L. Farkas, Chairman, Plan Commission Nancy M. Radzevich, AICP, Community and Econorf Director
Date: July 2, 2013
Re: Plan Commission Case PC13 -06 — Morton Grove Park District requesting a
Special Use for a recreational use and associated parking in accordance with
Sections 12 -4 and 12 -7 of the Morton Grove Unified Development Code to
allow for the reconstruction and alteration of an existing pool and bathhouse
and associated parking facilities at 9201 Oriole
Commission Report
Public Hearing Notice and Application
Public Notice was provided for the public hearing for PC13 -06 in accordance with applicable
requirements. A public notice was published (Pioneer Press) on May 23; 2013, letters were sent to
surrounding property owners and a public notice sign was placed on the subject property on May
31, 2013.
On June 17, 2013, a public hearing was conducted by the Morton Grove Plan Commission for
PC13 -06, a request for a special use permit in accordance with Sections 12 -4 and 12 -7 of the
Morton Grove Unified Development Code for a recreational use to allow for the reconstruction and
alteration of an existing pool and bathhouse and for the associated parking facilities at 9201
Oriole. The application was filed by the Morton Grove Park District.
Public Hearing — Staff Overview
Nancy Radzevich presented the case on behalf of the Village. As noted in the staff report, the
2.23 + /- acre parcel is located at the northeast corner of Church
Street and Oriole Avenue and is zoned R -1 Single - Family Residence District. The property is
improved with an existing pool and bathhouse; tennis, basketball and sand volleyball courts; a
playground; and parking facilities. The existing structures are over 40 years old, currently do not
comply with ADA requirements, and are generally outdated. As such, the Park District is seeking
to reconstruct /alter the pool, bathhouse, surrounding grounds and associated parking facilities.
Ms. Radzevich noted the Special Use application was filed concurrent with a Variation Application,
ZBA13 -03, for a 14.92 ft. waiver to the required front yard setback for the bathhouse structure,
which had been heard and approved by the ZBA earlier the same evening. Although this use has
existed for decades, the current Municipal Code requires a special use permit for recreational uses
in residential zoning districts. The Morton Grove Park District has filed this application to seek
approval of the reconstruction and alternation of the existing pool and bathhouse and approval of
the number of parking spaces on -site, in accordance with Sections 12 -4 and 12 -7 of the Municipal
Code. The current pool and bathhouse are outdated and are not ADA compliant; the new pool and
bathhouse facilities, increased landscaping and addition of another ADA compliant parking stall will
all be improvements to the site. Ms. Radzevich noted the new bathhouse will be brought up to
current codes and will include a new community room for parties, meetings, etc.
Public Hearing — Applicant Presentation
The Chairman asked who would be speaking on behalf of the Park District and the following were
sworn in:
• Steve Mihelich, project architect from Williams Architects;
• Joseph Brusseau, Brusseau Design Group (landscaping);
• Jason Green, project engineer from W -T Engineering, LLC;
• Tracy Anderson, Executive Director, Morton Grove Park District; and
Greg Jayne, Superintendent of Parks and Facilities, Morton Grove Park District.
Steve Mihelich reviewed the proposed plans and described the changes to the pool and bathhouse
and slight modification to the parking facility to eliminate one standard stall in order to create an
additional ADA compliant stall as required by code and to add a turn - around for emergency
vehicles, as requested by the Fire Department. He explained the existing 50M lap pool, deep well
and shallow kiddy pool would be replaced with a new activity pool and a 25 yard by 8 lane lap
pool with deep well for diving boards /slides. The existing 4720 square foot bathhouse structure
will be replaced with a modern 6951 sq. ft. bathhouse, which will include a multi-
purpose /community room and outdoor concession deck area. The bathing load, as determined by
the Illinois Department of Public Health, will remain unchanged at 500 maximum bathers.
Mr. Mihelich gave an overview of the interior of the bathhouse and the building materials. He
noted the proposed use of fabric structures throughout the pool area to provide shade and add
color to the site. The pool is proposed to be fenced for safety. The design of the pools and the
associated depths conform to the Illinois Department of Public Health Beach and Bathing Code,
Joseph Brusseau gave an overview of the landscape plan. New shade trees will be used on the
Pool deck. Perennials and shrubs are also proposed to soften the appearance of the building.
Landscaping with low level plants and high level plants are being proposed in certain areas as way
to separate the two pools.
Commissioner Gabriel asked about the landscaping at the proposed storm water detention area.
Mr. Brusseau stated that the current plan is for a blue grass turf surface in that area.
Jason Green, the project engineer, provided more information on the detention area. The
submitted plans show that the project will result in a reduction in the amount of impervious
surface area. He stated the detention area is currently designed to be a 3 ft. maximum depth and
would predominately remain dry. Only after a significant rain event could it fill up to a 3 ft. level.
However, based on the report from the Metropolitan Water Reclamation District, he believes the
detention area could be reduced or possibly eliminated altogether. He noted his firm is currently
working with the Village Engineer on the Village's storm water requirements and are hopeful the
depth of the proposed detention area will be reduced, if not eliminated altogether.
Commissioner Gabriel stated that the detention area is outside of the fenced area and could be a
safety problem year round, especially when the pool is not open or staffed. Children could play in
it and perhaps an accident could occur. He asked how long it would take to clear, once filled with
water and whether they considered putting the detention underground with a grassy area on top.
Mr. Green stated it would take anywhere from 12 -24 hours for the water to clear, if it were to fill
up. He stated that they had not considered underground detention.
Greg Jayne, Superintendent of the Morton Grove Park District, stated that safety is their number
one concern. If there is a depth of water in this detention area then they would barricade it in
some way to deter children from entering.
Commissioner Shimanski asked Mr. Green what type of storm would need to occur for this
detention area to fill up. Mr. Green stated that the detention area is designed for a 100 year
storm. Shimanski asked how deep it would be after a 20 year storm event. Mr. Green responded
it would likely fill about one (1) ft.
Commissioner Gabriel asked if landscaping around the pools would interfere with possible swim
meets. Mr. Mihelich stated that the area immediately around the pool does not include
landscaping, but instead is open for staging of competitors and patrons. Gabriel asked if the pool
is also ADA compliant. Mr. Mihelich said yes.
Commissioner Gabriel asked if any improvements to the existing parking area were proposed. He
stated that the driveway is too steep and cars scrape their bumpers. Mr. Mihelich stated no
changes to the parking lot were proposed, other than some restriping and the addition of the
turnaround area for the Fire Department.
Commissioner Gabriel asked if repairs are going to be done to the parking lot, post - construction.
Mr. Mihelich stated that the asphalt will be repaired and seal coated after the project is completed.
Chairperson Farkas asked about an area of the pool that appears different from the plans in their
packets. Mr. Mihelich said the design of diving board area had changed slightly after the
application had been filed. He noted that he had discussed the slight change with Ms. Radzevich.
Ms. Radzevich stated since the overall boundary of the pool structure and actual location of the
pool itself had not changed, Ms. Radzevich did not feel it was necessary for them to resubmit 30
sets of the plans, because the new design was consistent with plans originally filed and do not
affect the approvals being sought through the Special Uses permit. Chairperson Farkas asked if
there were any other modifications that were not included in the packets. Ms. Radzevich stated
there were no others.
Commissioner Shimanski asked if the overall site plan that Mr. Mihelich used in his presentation,
Sheet AS1.1, had been filed with the application because it was not in his packet. Ms. Radzevich
stated this drawing was not part of the application packet. Commissioner Shimanski stated he
would like this drawing included in the plan reference list because it is shows the overall site and
all of the parking facilities. Mr. Mihelich indicated he would submit all necessary copies of Sheet
AS1.1 and Ms. Radzevich stated that drawing should be incorporated into the plan reference list.
Commissioner Shimanski
asked
if a traffic study
was
done on for
this project.
The submitted
documents indicated that
there
should be 92 stalls
for
this project.
Ms. Radzevich
stated the Park
District and their consultant team provided a supplemental memorandum attached to the staff
report, which covers the parking demand. As this proposal does not include an expansion of the
existing use and is instead a reconstruction of existing facilities staff determined that having actual
data on the pool usage and parking demand was more important. Further, Ms. Radzevich
explained that in accordance with Section 12- 7 -3:B, of the Municipal Code, for a Special Use
application, the parking standards included in the code are only advisory to the Commission, who
approve the number of parking spaces on site. She further explained the because the use was
not being expanded, has existed in its current configuration for decades, and because the Park
District expects the same parking demand to remain consistent after the project, staff did not
believe a formal parking study would be required. Instead she requested a summary and analysis
of the overall usage, the peak hour demand, and the methods by which the patrons arrive to site.
Tracy Anderson, Executive Director for the Morton Grove Park District, explained their parking
data/ analysis. She stated that this is a neighborhood pool, so many of the patrons, particularly
the children, walk or bike to the pool, are dropped off, or arrive via carpools. Although the bather
load is 500, the peak time usage of the pool is 150 bathers, which typically occurs in late
afternoon. When there are swim meets, the buses drop the participants off and the buses park at
a neighborhood school.
Ms. Radzevich stated that after the packets had gone out, she received a sign memorandum from
the chairman from the Traffic and Safety Commission. He had no comments on the application. A
copy of this will be given to the commissioners for their records.
Chairperson Farkas asked Ms. Anderson about the parking usage on each of the lots on site. Ms.
Anderson stated that most of the traffic occurs through the Oriole entrance. The parking area
located on the east side of the site is hardly used.
Commissioner Blonz stated, based on the sketch submitted with the supplemental parking
memorandum, it appears that overflow parking occurs on adjacent streets, in front of the
neighbors' houses? Tracy Anderson stated, yes, at the peak time, there are some people who park
on the adjacent streets.
Ms. Radzevich advised the Commission that she had spoken to the Village Engineer and he had
indicated that he was not aware of any complaints having been filed with him or the Traffic Safety
Commission regarding on- street parking related to the pool use.
Commissioner Blonz asked if they had considered adding parking spaces to the site. Mr. Mihelich
stated the budget for this project was limited and expansion of the parking facilities was not part
of the scope. Commissioner Gabriel asked if they had explored trying to accommodate overflow
parking in other areas adjacent to the site. Commissioner Blonz asked Ms. Anderson if they could
better inform patron of the parking area on the east side of the site versus having them park on
the adjacent streets. Ms. Anderson stated they would increase education on other available
parking options when the west lot is filled.
Chairman Farkas stated he was still a bit concerned about the lack of a parking study. Ms.
Radzevich explained that in this case a parking study did not seem appropriate because:
• the pool and bathhouse facilities, have existing for decades at this location in generally the
same configuration with the parking currently provided,
• the proposed reconstruction of the pool and bathhouse does not include an increase in the
intensity of the use nor increase in number of patrons, and
• the pool use itself is only a seasonal use — only active approximately 3 months per year.
Further, Ms. Radzevich stated that if a professional firm had been hired they likely would have
contacted the Park District and gathered the same data and provided the same analysis that the
Park District provided in their supplemental memorandum.
Commissioner Shimanski stated that he was comfortable the data presented in the reports and at
the meeting was sufficient to address his questions regarding the parking, and was satisfied that a
professional parking study would not be needed.
Chairperson Farkas asked for comments from any interested parties. Two residents asked to
speak. Both expressed concerns about the noise — specifically the loud music. Ms. Anderson
indicated that the project involves removing the current speakers, which are pole mounted, and
replacing them with ground level speakers. This will help keep the noise from traveling.
Chairperson Farkas asked if there was any further discussion from the Commissioners.
Commissioner Blonz stated he would support this, however, he wanted Ms. Anderson to keep a
watch on the parking situation and if they find there is too much overflow parking onto the
surrounding neighborhoods, they would like her to look at adding more onsite parking. Ms.
Anderson indicated she would do so.
Chairperson Farkas asked if there was a motion to recommend approval of Plan Commission case
PC13 -06.
Commissioner Shimanski recommended approval of PC13 -06, Morton Grove Park District
requesting a Special Use for a recreational use and associated parking in accordance with Sections
12 -4 and 12 -7 of the Morton Grove Unified Development Code to allow for the reconstruction and
alteration of an existing pool and bathhouse and associated parking facilities at 9201 Oriole, with
the following conditions:
1. The pool and bathhouse shall be constructed in accordance with the following
plans
submitted
with this special permit applications, dated 5- 17 -13, unless otherwise noted:
A.
Drawing Number 7007T0, "Plat of Topography — Oriole Park Topographic Survey"
prepared by DLZ Industrial Surveying, Inc., dated 4/1/13
B.
Sheet C -1.0, "Site Demolition Plan," prepared by Williams Architects and W -T
Civil
Engineering, LLC.;
C.
Sheet C -2.0, "Site Development Plan," prepared by Williams Architects and W -T
Civil
Engineering, LLC.;
D.
Sheet C -3.0, "Site Geometric Plan," prepared by Williams Architects and W -T
Civil
Engineering, LLC.;
E.
Sheet C -4.0, "Site Grading Plan," prepared by Williams Architects and W -T
Civil
Engineering, LLC.;
F.
Sheet C -5.0, "Site Utility Plan," prepared by Williams Architects and W -T
Civil
Engineering, LLC.;
G. Sheet CIR -1.0, "Passenger Vehicle Circulation Plan," prepared by Williams Architects
and W -T Civil Engineering, LLC.;
H. Sheet CIR -2.0, "Passenger Vehicle Circulation Plan," prepared by Williams Architects
and W -T Civil Engineering, LLC.;
I. Sheet EX -1.0, "Existing Pervious /Impervious Exhibit," prepared by Williams Architects
and W -T Civil Engineering, LLC.;
]. Sheet EX -2.0, "Proposed Pervious /Impervious Exhibit," prepared by Williams Architects
and W -T Civil Engineering, LLC.;
K. Sheet Li, "Landscape Plan," by Williams Architects and Brusseau Design Group, LLC,
dated 5/17/13;
L. Sheet ASIA. "Overall Site Plan," prepared by Williams Architects; dated May 30, 2013;
M. Sheet AS1.2, "Enlarged Site Plan," prepared by Williams Architects;
N. Sheet A4.1, "Building Elevations," prepared by Williams Architects;
O. Sheet SPHIA, "Site Photometric Plan," prepared by Williams Architects, undated;
2. The Park District shall submit updated plans in accordance with the Village Engineer's Plan
Review Departmental Comment memorandum, dated 6/3/13, for review and approval prior
to the issuance of any building permits.
3. The elevations and landscaping should be constructed consistent with the plans and
material samples and building material color palette presented to and recommended for
approval by the Appearance Commission at their June 3, 2013 meeting, and referenced in
Condition 1., above;
4. Should the proposed detention area could result in life safety issues resulting from regular
retention of significant standing water, the Park District shall apply for and construct a
fence to secure that area from patrons of the park. Such fence shall comply with the
Municipal code requirements in terms of location and size, or the Park District shall seek
any necessary waivers to the code to ensure that the detention pond is fully enclosed.
Commissioner Dorgan seconded the motion.
The motion passed unanimously (Yes 7; No 0; Absent 0).
ff"1111age of Morton Grove
WHEREAS, from the earliest days of the Village of Morton Grove's history, a
Spirit has existed within the community and among its women; and
WHEREAS, on June 11, 1953, the Morton Grove Woman's Club received its
charter from the Illinois Federation of Woman's Clubs making this their 60th
anniversary; and
WHEREAS, on June 22, 1953, the newly chartered not - for - profit club was
formally accepted into this illustrious organization; and
WHEREAS, once the Morton Grove Woman's Club was formed it contributed
significantly to the community through its educational, social, civic and varied cultural
activities; and
WHEREAS, these philanthropic activities recently included Operation Support
our Troops which resulted in the Morton Grove Woman's Club receiving the Club
Creativity Award; and
WHEREAS, it is fitting the Village recognize and honor the Morton Grove
Woman's Club for it many contributions to the Village where their motto is "Everyone
Helps - Everyone Wins ".
NOW THEREFORE, I, Daniel P. DiMaria, Mayor of the Village of Morton Grove,
Illinois, do hereby proclaim July 8, 2013; as
in Morton Grove and urge all women from varied backgrounds, who have gifts and talents
to celebrate with and join this illustrious organization so it may be a lasting reminder of
the courage and strength that exists in our Village.
In witness hereof, I have hereunto set my hand
and caused to be affixed the seal of the Village
of Morton Grove.
Daniel P. DiMaria, Mayor
Legislative Summary
Resolution 13 -42
AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE
AND THE O'HARE NOISE COMPATIBILITY COMMISSION
Introduced: July 8, 2013
Synopsis: This resolution will authorizing an Intergovernmental Agreement for the Village to participate in
the O'Hare Noise Compatibility Commission.
Purpose: Participation in the O'Hare Noise Compatibility Commission will allow the Village to obtain and
share information about noise issues relating to flights to and from O'Hare Airport,
Background: The O'Hare Noise Compatibility Commission was created by an intergovernmental agreement
adopted in October 1996 between the City of Chicago and various municipalities and public
school districts as an opportunity to come together to analyze the noise emitted by the O'Hare
International Airport. With increased noise and potential for additional noise and related issues
due to air traffic to and from O'Hare Airport, participation in this commission is in the best
interest of the residents of the Village of Morton Grove.
Programs, Departs Administration and Legal Departments
or Groups Affected
Fiscal Impact: N/A
Source of Funds: N/A
Workload Impact: The Village's involvement will be handled on a day -to -day basis by the Administration and Legal
Departments.
Admin Recommend: Approval as presented.
Second Reading: N/A
Special Consider or None
Requirements:
Respectfully submitted:
Administrator
Prepared by: ✓
Teresa HofBr an is/ r Corporation Counsel
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE VILLAGE OF MORTON GROVE AND THE O'HARE NOISE
COMPATIBILITY COMMISSION
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 government affairs, including
but not limited to the power to tax and incur debt; and
WHEREAS, the City of Chicago owns and operates an airport known as Chicago O'Hare
International Airport (the "Airport"); and
WHEREAS, pursuant to authority granted by an ordinance adopted by the Chicago City
Council on October 30, 1996, and Section 10 of Article VII of the Illinois Constitution and the
Intergovernmental Cooperation Act (5 ILCS 220), the City of Chicago entered into an
Intergovernmental Agreement Relating to the O'Hare Noise Compatibility Commission (the
"Intergovernmental Agreement ") by and among the City and various municipalities and public school
districts (as defined in the Intergovernmental Agreement, ["Participants"]); and
WHEREAS, the O'Hare Noise Compatibility Commission ( "O'Hare Commission ") was
established pursuant to the Intergovernmental Agreement and provides a common forum for interested
parties to have a voice in noise issues related to the Airport; and
WHEREAS, with increased noise and the potential for additional noise and related issues due
to air traffic to and from O'Hare Airport, participation in this commission is in the best interest of the
residents of the Village of Morton Grove.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Resolution as though fully set forth therein thereby making the findings as
hereinabove set forth.
SECTION 2: The Village President is hereby authorized to execute, and the Village Clerk to
attest to an "Intergovernmental Agreement" between the O'Hare Noise Compatibility Commission and
the Village of Morton Grove until December 31, 2015.
SECTION 3: This Resolution shall be in full force and effect upon its passage and approval.
PASSED this O' day of July 2013
Trustee Grear
Trustee KaIogerakos
Trustee Marcus
Trustee Pietron
Trustee Thill
Trustee Toth
APPROVED BY ME THIS 8`h day of July 2013
ATTESTED AND PILED in my office
this 9t' day of July 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
ORDINANCE 13 -10 I
AN ORDINANCE AMENDING TITLES 4 -3 -5B ENTITLED "FEES ESTABLISHED" AND
4 -6D -1 to 4- 6D -20, ENTITLED "LIQUOR CONTROL" OF THE MUNICIPAL CODE
OF THE VILLAGE OF MORTON GROVE
Introduced
July 8, 2013
Synopsis
This Ordinance will amend and update Title 4 -3 -513 and Title 4 -6D of the Village
Code.
Purpose
To update asI regulate the amount and type of liquor licenses available in the
Village of Morton Grove and to encourage the location of restaurants.
Background:
Village staff periodically reviews Village codes and ordinances to ensure they are in
compliance with state statute and current practices. Pursuant to an Ordinance, the
Village created Class "E" liquor licenses which allows for the on premise
consumption of alcohol for establishments who derive at least 50% of sales for
items other than liquor. Class "E" licenses were targeted for use by restaurants.
Village Code allows for twenty (20) Class "E" licenses, eleven (11) of which are
currently issued. Various restaurateurs have informed the Village they would prefer
Class "A" licenses, as the cost is the same, and Class "E" licenses require additional
paperwork to record the varied sales. To be more business friendly, staff has
recommended the Code be changed to:
• Eliminate the Class `B" liquor license category (these licenses will be
reclassified as Class "A" and Class "B" licenses).
• Increase the number of Class "A" licenses from 8 to 24.
• Increase the number of Class "B" licenses from 8 to 12.
• Eliminate package sales for Class "A" & Class `B" licenses except by special
permit.
• Allow gas /service stations to obtain a Class "E" license.
Programs, Departments
Liquor Control Commission, Administration and Legal Departments
or Groups Affected
Fiscal Impact:
The adjustment will have a minimal impact on the Village's finances.
Source of Funds:
Not applicable.
Workload Impact:
The implementation of this ordinance will be performed by Village staff
Administrator
Approval as presented.
Recommendation:
Second Reading:
Required — Code Amendment (July 30, 2013)
Special Considerations or
None
Requirements:
Administrator Approval
Prepared by:
Administrator
Teresa TloffmaryL?sr;z6f Corporation Counsel
ORDINANCE 13 -10
AN ORDINANCE AMENDING TITLE 4 -3 -5 ENTITLED' °FEES ESTABLISHED"
AND 4 -6D -I to 4- 6D -20, ENTITLED "LIQUOR CONTROL" OF THE MUNICIPAL CODE
OF THE VILLAGE OF MORTON GROVE
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois is a
home rule unit of government under the provisions of Article 7 of the 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 hlcur debt; and
WHEREAS, the Village has a policy of regularly reviewing and revising its Municipal
Code, as necessary, to insure the provisions of the Code remain compliant with contemporary
statutes and relevant to the current operations and requirements within the Village; and
WHEREAS, Title 4 of the Village Code contains regulations and licensing requirements for
businesses operated or conducted within the Village; and
WHEREAS, Village staff periodically reviews Village codes and ordinances to ensure they
are in compliance with state statute and current practices; and
WHEREAS, Village Staff has recommended the Code be changed to:
• Eliminate the Class "E" liquor license category (these Licenses will be reclassified as Class "A"
and Class "B" licenses);
• Increase the number of Class "A" licenses from 8 to 24;
• Increase the number of Class `B" licenses from 8 to 12:
• Eliminate package sales for Class "A"& Class `B" licenses except by special permit;
• Allow gas/service stations to obtain Class "F" licenses; and
WHEREAS, the Corporate Authorities deem it in the best interest of the Village to amend the
Village Code in accordance with staff recommendations.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 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.
4 -3 -5: FEES ESTABLISHED:
B. In addition
to the Certificate
of Compliance fees
set for the above, the following use or
businesses
shall also pay the
following fees:
Fee
Liquor License Fees (investigatiordfingerprint fee is actual out -of- pocket)
E, Intentionally deleted
F, Food /Specialty Stores, Full
Package Sale
$13000
Application
Annual
Maximum Number of
$
Class
Fee
Fee
Licenses Issued
A,
Full Liquor
$1,000
$2,750
24
B,
Beer /Wine
$100
$2,500
12
C,
Club /Consumption
4- 6D -12:
organizations per year
H, Caterers, Full Liquor
$
on Premise
$ 250
$1,000
2
D,
Full Package Sale
$1,000
$3,500
10
E, Intentionally deleted
F, Food /Specialty Stores, Full
Package Sale
$13000
$2,500
15
G, Special Event
$
0
$ 0
3 for any location at
Privilege Granted by License
4 -6D -6:
Termination; Transfer of Interest; Renewal
4 -6D -7:
the same time;
4 -6D -8:
License Classifications and Fees
4 -6D -9:
License Application
minimum of 5
Bond Required; Amount; Conditions
4- 6D -11:
Causes for License Rejection, Suspension and /or Revocation
4- 6D -12:
organizations per year
H, Caterers, Full Liquor
$
250
$2,500
5+
I, Caterers, Beer /Wine
$
250
$1,000
5
1, Temporary Off Premise
$
0
$ 50 per
day 6 per year per licensee
K, Temporary Tasting Permit $
0
$ 50 per
day I per week per licensee
L, BYOB
$
250
$ 500
15
+ The annual fee for a Class
H license held by
the same licensee
holding a Class A, Class C, or
Class F license shall be $1,250.
CHAPTER
6
ARTICLE D. LIQUOR CONTROL
SECTION:
4 -6D -1:
Construction
4 -6D -2:
License Required
4 -6D -3:
Consumption, Possession and Storage of Alcoholic Liquors on Unlicensed Premises
4 -6D -4:
Powers of Local Liquor Control Commissioner
4 -6D -5:
Privilege Granted by License
4 -6D -6:
Termination; Transfer of Interest; Renewal
4 -6D -7:
Change of Location
4 -6D -8:
License Classifications and Fees
4 -6D -9:
License Application
4- 6D -10:
Bond Required; Amount; Conditions
4- 6D -11:
Causes for License Rejection, Suspension and /or Revocation
4- 6D -12:
Violation of State Tax Acts
4- 6D -13:
Regulations for Licensees
2
4- 6D -14: Regulations for Licensees Operating Video Gaming Terminals on the Licensed
Premise
4- 6D -15: Prohibited Conduct
4- 6D -16: Prohibited Conduct Relating to Minors
4- 6D -17: Declaration of Nuisance
4- 6D -18: Emergency Closing
4- 6D -19: Proceeding Before the Local Liquor Control Commissioner
4- 6D -20: Violations; Penalties
4 -6D -1: CONSTRUCTION: This chapter shall be liberally construed, to the end that the
health, safety, and welfare of the people of the Village of Morton Grove shall be
protected and temperance in the consumption of alcoholic liquors shall be fostered and promoted by
sound and careful control and regulation of the sale of alcoholic liquor. Nothing in this chapter shall
be construed to preempt the Illinois liquor control act of 1934, 235 Illinois Compiled Statutes 511 -1
et seq., except to the extent allowed by the Illinois constitution, or where the regulations in this
chapter are more restrictive than those in the Liquor Control Act, in which case the regulations in
this chapter shall be controlling. Except in those instances where the Liquor Control Act has been
preempted by this chapter, enforcement of the Liquor Control Act and this chapter shall be
concurrent. (Ord. 06 -20, 6 -12 -2006)
4 -6D -2: LICENSE REQUIRED: It is unlawful for any person either by himself
or through an agent, or any person acting as an agent, employee, barkeeper,
clerk, or servant of another, to sell, dispense, or offer for sale at retail any alcoholic beverage or
engage in any sale of alcoholic beverage within the Village of Morton Grove without first having
obtained a license to do so as provided in this chapter, or during any period that the license has been
suspended or revolted. It shall be unlawful for any person to sell or offer for sale or engage in any
sale of any alcoholic beverage in violation of the terms and conditions of any license issued
pursuant to this chapter. It shall be unlawful for any person holding a business license within the
Village of Morton Grove to knowingly allow any customer to consume alcoholic beverages on the
property where the business license has been issued unless the premise has been licensed for the
sale or consumption of alcoholic beverages. Each sale on a given date shall be deemed a separate
violation. (Ord. 06 -20, 6 -12 -2006)
4 -6D -3: CONSUMPTION, POSSESSION AND STORAGE OF ALCOHOLIC
LIQUORS ON UNLICENSED PREMISES:
A. No person shall provide as part nor sell at retail for consumption on an unlicensed premises
any nonalcoholic beverages or ice, knowing same to be intended to be mixed with or
consumed with any alcoholic liquor on the premises.
B. No person shall frequent or patronize any house, building, store, place or premises where
such person knows or has reason to believe the sale of alcoholic liquor without a license as
required by this chapter is occurring. (Ord. 06 -20, 6 -12 -2006)
4 -6D -4: POWERS OF LOCAL LIQUOR CONTROL COMMISSIONER: The
Village President shall be the local liquor control commissioner and shall be charged
with the administration of the appropriate provisions of the liquor control act of the State of Illinois
within the Village of Morton Grove, and of such ordinances and resolutions relating to alcoholic
liquor as may be enacted by the corporate authorities. For purposes of this chapter, the local liquor
control commissioner shall be and shall constitute the local liquor control commission of the
Village of Morton Grove. The liquor commissioner shall receive compensation as set forth in
subsection 1 -6 -48 of this Code. The liquor commissioner shall have the following powers:
A. To receive applications and to grant, renew or deny such licenses in accordance with the
provisions of this chapter.
B. To receive license fees and forward the same forthwith to the office of the finance
director /treasurer.
C. To authorize one or more deputies or agents to act on his behalf, with or without
compensation as determined by the corporate authorities, for the purpose of obtaining any of
the information desired by the liquor commissioner or to assist the liquor commissioner in
the exercise of the powers and the performance of his duties.
D. To make or cause to be made by the various Village departments such investigations as may
aid him in the performance of his duties.
E. To enter, or to authorize any law enforcement officer or peace officer to enter, at any time
upon any licensed premises, to examine any licensed premises to determine whether any
law, order, or regulation of the Village of Morton Grove or the local liquor control
commissioner, or any federal or state law, rule or regulation with respect to alcoholic liquor,
or any liquor license, has been or is being violated.
F. To require fingerprints of any licensee or employee or agent of a licensee or any applicant
for a liquor license or for a renewal thereof. To examine or cause to be examined under oath
any applicant for a license or for a renewal thereof, or any licensee upon whom notice of a
violation of this chapter has been served, and to examine, or cause to be examined, the
books and /or records of any such applicant or licensee.
G. To require the attendance of witnesses and/or the production of documents and records at
any hearing before him, to administer or cause to be administered oaths to hear testimony
and take proof on any matter in the performance of his duties within this chapter, and for
such purpose to issue subpoenas which shall be effective in any part of the State of Illinois.
H. To compel any licensee or applicant to submit to any examination and /or to produce any
books and records which, in the judgment of the liquor commissioner, may be material to
the determination of whether an applicant is qualified to receive a license, whether the
licensed premises is lawful, and /or whether a licensee is in compliance with all applicable
laws, rules and regulations, under the provisions of this chapter. The failure of any licensee
or applicant to comply with this provision, unless for good cause shown, shall be deemed to
be an admission that the licensee or applicant is not qualified to maintain or receive a
license.
I. To require any licensee or applicant to answer any charges made in any objection to the
issuance of the license. The failure of any licensee or applicant to comply with this
provision, unless for good cause shown, shall be deemed to be an admission that the licensee
or applicant is not qualified to maintain or receive a license.
To receive, investigate and act upon any complaint from any person that any of the
provisions of this chapter or the Liquor Control Act or any rules or regulations adopted by
the commissioner or by the state liquor commission have been or are being violated.
K. Pursuant to section 4 -6D -19 of this chapter, to suspend for not more than thirty (3 0) days, or
revoke any license issued under this chapter, or levy a fine against any licensee, for each
violation of any federal, state or local law, ordinance, rules or regulations relating to the sale
of alcoholic liquor, and for any of the following reasons:
I. The willful making of any false statement in an application for a license, permit or
certificate.
2. Refusal of any licensee to testify under oath to all relevant and material questions
propounded to him at any hearing conducted by the local liquor control
commissioner.
3. Refusal of any licensee or his employee or agent to produce for inspection by the
liquor commissioner any document requested which may be relevant to any hearing
or investigation of alleged violations of the state liquor control act, this chapter, or
any rule or regulation of the liquor commissioner.
4. The state liquor commission has suspended or revoked the license of the licensee.
5. Within sixty (60) days of the granting of a license, the licensee has failed to operate
the business at the location in the license except upon petition to and an order issued
by the local liquor control commission granting an extension period.
6. Failure to notify the liquor commissioner of the hiring of any new managers within
fourteen (14) days after any such manager begins working, and /or failure to provide
all information necessary to keep the licensee's application accurate and current.
The failure to obey any lawful order of the liquor commissioner.
8. The licensed premises constitutes a nuisance as defined by Village ordinance
including this chapter.
9. Suspension or revocation is required pursuant to section 4 -6D -12 of this chapter.
L. To keep or cause to be kept a complete record of all licenses issued by him, and to furnish
upon request to the office of the Village Administrator, finance director- treasurer, and /or
Chief of Police a copy thereof, and to inform the board of trustees from time to time of any
changes including the issuance of new licenses and the revocation of old licenses.
M. To make recommendations to the Village board regarding the number of licenses available
for each license classification and the appropriate fees to be charged for those licenses.
N. To make, promulgate, alter, amend, repeal, and enforce such rules and regulations relating to
the administration and enforcement of the provisions of this chapter as are consistent with
this chapter and which may be deemed by him to be desirable to facilitate his functions and
duties, to the end that the health, safety and welfare of the Village of Morton Grove shall be
protected and temperance in the consumption of alcoholic liquors shall be fostered and
promoted. Such rules and regulations shall become effective to be adopted only after being
placed on file in the office of the Village Administrator for a period of thirty (30) days after
notice to the public and all licensees affected thereby.
O. To hold public hearings at any time concerning any matters embraced within this chapter.
(Ord. 06 -20, 6 -12 -2006)
4 -6D -5: PRIVILEGE GRANTED BY LICENSE: A liquor license granted pursuant to
this chapter is solely a personal privilege, and unless sooner revoked pursuant to this
chapter or by federal or state law shall last for no more than one year; from January 1 (or later for an
initial application) through December 3 LA license shall not constitute property and may not be
transferred. It shall not be used as collateral, nor be subject to voluntary or involuntary attachment,
assignment, garnishment, or execution, encumbrance or hypothecation, nor shall it descend by the
laws of testate or intestate devolution. Renewal of this license is a privilege and shall not be
construed as a vested right which shall limit or prevent the decreasing number of licenses to be
issued within the Village.
No license shall be renewed under this section unless the manager of the licensed establishment,
and each employee of the licensee who is or will be engaged in the selling, mixing, preparing, or
serving of alcoholic liquor at the licensed premises has successfully completed an alcohol sales and
service training program. (Ord. 12 -08, 3 -26 -2012)
4 -6D -6: TERMINATION; TRANSFER OF INTEREST; RENEWAL:
A. Except as provided herein, a license shall automatically terminate upon the death,
dissolution, or the insolvency of the licensee, upon the sale or transfer of any interest in the
license by an individual or club licensee, upon the sale or transfer, assignment of more than
fifty percent (50 %) of the outstanding shares of a corporation or interest in any partnership
holding a license, or upon the filing of a petition for adjudication of bankruptcy by or as to
the estate of the licensee. A transfer of a deceased licensee's interest to a father, mother,
brother, sister, husband, wife, son, or daughter shall be permitted provided that such person
meets all qualifications required to hold the license and shall be bound by all conditions of
the license.
B. In the event of the death of a licensee, the executor of the will or administrator of the estate
of any deceased licensee pursuant to the appropriate court order, or if none, the spouse or
any child of the licensee upon the written approval of the liquor commissioner may exercise
the privileges of the deceased licensee until the expiration of such license or until six (6)
months after the death of the licensee, whichever is the shorter period of time, provided such
person meets all qualifications required to hold the license and shall be bound by all
conditions of the license.
C. The trustee of any insolvent or bankrupt licensee, when such estate consists in part of
alcoholic liquor, may continue the business of the sale of alcoholic liquor under order of the
appropriate court, and may exercise the privileges of the insolvent or bankrupt licensee until
the expiration of such license but not longer than six (6) months after the bankruptcy or
insolvency of such licensee, whichever is the shorter period of time, provided such trustee
meets all qualifications required to hold the license and shall be bound by all conditions of
the license.
D. No refund shall be made of any portion of the license fees paid for any period in which the
licensee shall be prevented from operating under such license in accordance with the
provisions of this chapter.
E. Upon the termination of a license pursuant to subsection A or B of this section, the successor
in interest may apply for the issuance of the license pursuant to section 4 -6D -9 of this
chapter and shall pay all applicable initial application and license fees.
A licensee whose license has not been terminated prior to the expiration of its term may
apply for the renewal of the license at the expiration thereof, provided he is then qualified to
receive a license and the premises for which such renewal license is sought is suitable for
such purpose. However, the renewal privilege herein provided for shall not be construed as a
vested right which shall in any case prevent the corporate authorities from decreasing the
number of licenses to be issued within its jurisdiction. (Ord. 06 -20, 6 -12 -2006)
4 -6D -7: CHANGE OF LOCATION: Any license issued under this chapter shall apply
only to the premises described in the application and in the license issued thereon.
After a license has been granted for a particular premises, the liquor commissioner, upon the filing
of a written request, and payment of an investigation fee in the amount as shall now or may be
required by this chapter, and upon a proper showing, including the applicant's statement under oath
that the premises to which said relocation is to be made complies in all respects with the
requirements of this chapter, may endorse upon said license permission to abandon the premises
therein described and relocate to another premises approved by him. The request shall be rejected if
the applicant has not operated his business at the original licensed premises for at least ninety (90)
days prior to the application for change of location. No change of location shall be permitted unless
the proposed new location is a lawful location and premises for the retail sale of alcoholic liquor
pursuant to Illinois law and all applicable Village ordinances. Nothing herein contained shall be
construed to permit any licensee to change the location of his business, or operate his business or a
portion thereof, as a subtenant or otherwise at a site or place of business which would be prohibited
or denied to an original applicant. (Ord. 06 -20, 6 -12 -2006)
4 -6D -8: LICENSE CLASSIFICATIONS AND FEES:
A. Licenses shall be divided into the following classes:
Class A. full Iiquor: Licenses which shall authorize the retail sale on the premises
specified of alcoholic liquors for consumption on said premises. Package sales for
consumption off the premises shall be allowed by special permit.
2. Class B, beer /wine: Licenses which shall authorize the retail sale of beer and wine
for consumption only on the premises specified. Package sales for consumption off
the premises shall be allowed by special permit.
3. Class C, club consumption on premises: Licenses which shall authorize the retail sale
of alcoholic liquors for consumption only on the premises in any "club ", as defined
in this chapter.
4. Class D, full package sale: Licenses which shall authorize the retail sale of alcoholic
liquors, only in original packages for consumption off the premises and not for
consumption on the premises where sold.
5. Intentionally deleted
6. Class F, food /specialty stores, full package sale: Licenses which shall authorize the
retail sale of alcoholic liquors, only in original packages for consumption off the
premises at an establishment where the principal business is gasoline, groceries or
drugstore items, and is not the sale of alcoholic liquor.
7. Class G, special event: Licenses which shall authorize the retail sale of alcoholic
liquor only for consumption on the premises for special events as defined by this
chapter.
8. Class H, caterers full liquor: Licenses which shall authorize the sale of alcoholic
liquors for consumption on the premises where served and limited to invited guests
at private functions. Such licenses shall be issued only to caterers as defined by this
chapter and having a current Morton Grove business license. Catering establishments
holding class H licenses must have food service available when liquor is being
served.
Class I. caterers beer /wine: Licenses which shall authorize the sale of beer and wine
for consumption on the premises where served and limited to invited guests at
private functions. Such licenses shall be issued only to caterers as defined by this
chapter and having a current Morton Grove business license. Catering establishments
holding class I licenses must have food service available when beer and wine are
being served.
10. Class J, temporary off premises: Licenses which shall authorize a holder of a class A,
B, or C license to sell alcohol (or for a class B license holder to sell beer and wine)
for consumption at a designated premises other than the licensee's licensed premises
for a specific period not to exceed three (3) days.
11. Class K temporary tasting permit: License which shall authorize a holder of a class
A, B, D, or F license to provide small quantity samplings of alcoholic liquor for on
premises tasting purposes only in conjunction with a sales promotional effort. Said
permit shall not exceed more than a six (6) hour period, and no more than one permit
per week shall be issued to any licensee. All such tastings must take place in a
designated area of the licensed premises and shall be supervised by a person who has
completed an alcohol sales and service training program .
12. Class L BYOB permit: License which authorizes a restaurant to allow the
consumption of wine and beer not purchased from the restaurant but brought to the
restaurant by a customer under the provisions set forth in 4- 6D -13J.
B. All application, investigation, fingerprinting and annual license fees shall be paid at the
filing of the application. In the event a license is not issued, any annual license fee prepaid
with an application shall be refunded to the applicant less a one hundred dollar ($100.00)
processing fee. All application and investigation fees shall be retained by the Village
regardless of whether or not the person is granted a license.
C. No more than the maximum number of licenses set forth shall be issued for any class of
licenses. Each applicant for a license shall pay the fees set forth in Title 4, Chapter 3.
4 -6D -9: LICENSE APPLICATION:
A. The liquor commissioner shall prepare, or cause to be prepared, an application form, in
accordance with the foregoing, and shall require such other additional information, records
or background investigations as the liquor commissioner or Chief of Police shall from time
to time determine to be advisable and /or necessary to confirm the information provided in
the application.
B. Any person desiring a license authorized by this chapter shall make application to the liquor
commissioner. A separate application shall be made for each license by the applicant. Such
application shall be typed or legibly handwritten on forms prepared and furnished by the
liquor commissioner. Each application shall be signed and verified by oath or affidavit by
each person so required, and shall be filed with the office of the Village Administrator. The
following persons shall be listed on the application:
If the applicant is an individual or individuals, each individual shall sign and verify
the application.
If the applicant is a general partnership, all partners shall sign and verify the
application.
If the applicant is a limited partnership, all general partners and any limited partner
owning more than a five percent (5 %) interest in such limited partnership and any
person entitled to share in more than five percent (5 %) of the profits of the
partnership who shall sign and verify the application and specify the percentage of
interest owned or profit to which he is entitled.
4. If the applicant is a corporation or a limited liability corporation (LLC), all officers,
directors and managing members and any stockholders owning more than fifty
percent (50 %) of the corporate stock of a publicly traded corporation and more than
five percent (5 %) of the corporate stock of a nonpublicly traded corporation, shall be
listed, and their official position and percentage of stock owned shall be specified.
The application shall be signed and verified by the president, secretary, managing
member and site manager.
5. If the applicant is a club, all local officers and directors shall be listed and their
official position shall be specified. The application shall be signed and verified by
the president, secretary and site manager.
6. Any person who acts as the manager or agent of the licensee shall submit
information and documentation as required of him by the liquor commissioner.
C. Applications shall contain the following information and statements:
The name, address, and date of birth and social security number of all persons
required to be listed on the application.
2. A statement whether each person required to be listed on the application is a resident
of the State of Illinois. In the case of corporations, officers, directors, or stockholders
and in the case of partnerships, partners do not have to be residents of Illinois if the
licensee employs a resident manager to operate the licensed premises.
A statement of the citizenship of all persons required to be listed on the application,
and if any person is a naturalized citizen of the United States, the date and place of
naturalization and a copy of said naturalization documents. If any person is not a
citizen of the United States, a statement the person has the legal authority to reside in
the United States and a copy of all documents granting said authority.
4. The name and address of the applicant's prospective business, and if applicable, the
date of the filing of the "assumed name" of the business with the county clerk.
If the applicant is an Illinois corporation, a copy of the articles of incorporation and a
certificate of good standing.
6. If the applicant is a foreign corporation, a certificate from the secretary of State of
Illinois to conduct business in Illinois as a foreign corporation.
If the applicant is an Illinois limited partnership, a copy of the filed certificate of
limited partnership and a certificate of good standing from the Illinois secretary of
state.
8. If the applicant is a foreign limited partnership, a copy of the filed certificate of
limited partnership in the state of filing, and a copy of the filed application for
admission to transact business as a foreign limited partnership in Illinois.
If the applicant is an individual, a statement as to the nature of the business of the
applicant.
10. If the applicant is a club, a copy of its charter, the date it was formed, and state of its
headquarters, and a statement as to the nature of its business and activities within the
State of Illinois.
11. A statement whether the proposed location is within one hundred feet (100') of any
church, school, hospital, home for the aged or indigent persons or for war veterans,
their wives or children.
12. A statement whether food for human consumption is to be sold at the event
conducted or in the licensed premises if the license is granted. A statement whether
the business will be in combination with a restaurant, and whether fifty percent
(50 %) of the gross receipts of the licensed business will be or has been from the sale
of such food, and documentation substantiating this statement if requested by the
local liquor control commissioner.
13. A statement as to the ownership of the licensed premises. If the applicant is not the
owner of the licensed premises, the name, address, and phone number of the owner,
and the duration of the lease. Documentation showing proof of ownership (deed, or
tax bill or like document) or a copy of the lease.
14. A statement whether any person required to be listed on the application previously
applied for, holds, or held a liquor license of any type issued by any state or
subdivision thereof, or by the federal government that was rejected, suspended or
revoked, and all pertinent information detailing the reason for and circumstances of
any such rejection, suspension or revocation.
15. A statement whether or not any person required to be listed on the application or any
agent, bartender, limited partner or stockholder has ever been convicted of being the
keeper or an inmate of a house of prostitution, or pandering, or of any other crime or
misdemeanor, with the exception of traffic offenses not connected with the misuse of
alcoholic beverages.
16. A statement whether any person required to be listed on the application is not at the
time of making the application connected directly or indirectly with a house of ill
fame and verification that no such connection will occur during the existence of the
license.
11
17. A statement whether any person required to be listed on the application has ever
been convicted of a felony, or is disqualified to receive the license sought by reason
of any matter or thing contained in this chapter, the laws of this state, or the
ordinances of the Village. If any such person has been convicted of a felony, a
statement indicating the state and county in which the conviction occurred and
explaining the nature of the charges which led to the conviction and other relevant
information pertaining to the conviction.
18. A statement that should the licensed premises become or constitute a nuisance the
license, permit or certificate may be suspended or revoked or the licensee may be
fined by the liquor commissioner.
19. A statement that any person required to be listed on the application will testify under
oath and subscribe to the truth in response to all relevant and material questions
propounded to him, in any hearing conducted by the liquor commissioner, either
before or after the issuance of a license.
20. A statement that any person required to be. listed on the application will provide, on
receipt of a lawfully authorized subpoena by the liquor commissioner, any book or
record of his licensed business in connection with any investigation conducted by the
liquor commissioner.
21. A statement that any person required to be listed on the application, and any
manager, bartender, agent or employee, if requested by the liquor commissioner, will
permit a record of his or her fingerprints to be made by the Village's police
department.
22. In the case of the purchase of an existing business, a statement listing the value of the
physical assets if purchased and proof of purchase and a statement setting forth the
amount paid for the business as a going concern having value.
23. In the case of a new business, a statement listing all persons and corporations
financing the purchase or construction of the business to be licensed and, if
requested, a statement detailing the financial background of the applicant and
business to be licensed.
24. A statement that all
persons required
to be listed on the application
have paid all
taxes, fees or other
debts owed to the
Village of Morton Grove.
25. A statement that no person required to be listed on the application, and no person
interested in anyway, directly or indirectly, in relation to the license applied for, the
premises or the profits or proceeds from the sale of alcoholic liquor. nor any member
of his or her household is an elected official or a full -time employee of the Village of
Morton Grove.
26. A statement authorizing the liquor commissioner to cause to fingerprint all persons
required to be listed on the application and all managers and key employees pursuant
to subsection G of this section.
12
27. A statement that all persons required to be listed on the application will not violate
any of the laws of the State of Illinois, or of the United States, or any ordinance of
the Village in relation to the license or the licensed premises.
28. Proof that all managers of the licensed premises and each employee who will be
engaged in the selling, mixing, preparing, serving, or delivering alcoholic liquor for
consumption on or off the licensed premises has successfully completed an alcohol
sales and service training program.
29. A copy of the licensee's Village of Morton Grove business license, and state liquor
license (when available) and the licensee's federal employer identification number.
30. All information required must be supplied at the time of application and clearly
typed or legibly handwritten. It is the applicant's responsibility to supply on the
application, the name and address of each manager or bartender to be employed and
to ensure that a background investigation is completed on each, including the
submission of fingerprints.
D. The requirement of supplying all of the above information is a continuing one. If any
supplied information or statements become invalid or if a new manager or bartender is
employed, it is the duty of the licensee to provide updated information in writing to the
liquor commissioner and the Chief of Police. This includes changes in the makeup or control
of partnerships or corporations as follows:
If the licensee is a partnership, the liquor commissioner must be informed within
seven (7) days of the dissolution of the partnership, and within thirty (30) days of the
sale or acquisition of a five percent (5 %) interest in the partnership by any person, or
upon any partner acquiring a fifty percent (50 %) or greater interest in the partnership
if such partner was not shown to own a fifty percent (50 %) or greater interest on
prior applications or renewals, or of the resignation or replacement of any managing
partner or site manager.
2. If the licensee is a corporation, the liquor commissioner must be informed within
seven (7) days of the dissolution of the corporation, and within thirty (30) days of the
resignation or replacement of any officer, managing member or site manager or of
the sale or acquisition or transfer of five percent (5 %) of the corporate stock by or
from any one stockholder, or if any stockholder acquires fifty percent (50 %) or more
of the stock if such stockholder was not shown to own fifty percent (50 %) or more of
the stock on prior applications or subsequent renewals.
3. In the case of clubs, the liquor commissioner must be informed within thirty (30)
days upon the election or appointment of a new officer or director, and annually if
the membership roster changes.
4. The liquor commissioner must be informed within seven (7) days of the death,
insolvency, bankruptcy or conviction of a felony of any licensee, or person required
to be listed on the license application.
13
E. No license shall be issued, renewed, or allowed to continue, unless the applicant files with
the liquor commissioner a certificate by an insurance company authorized to do business in
the State of Illinois certifying the applicant has in full force and effect dramshop insurance
in such amount as required by law or in the amount of one million dollars ($1,000,000.00),
whichever is greater, and listing the Village as the certificate holder, and proof of other
insurance that may be required by all local ordinances, state, and federal statutes. If at any
time during the period of the license said insurance is not maintained or a current certificate
of insurance is not on file with the liquor commissioner, said license shall be suspended or
revoked.
It is unlawful for a licensee to attempt to pay a license fee, transfer fee, late fee, settlement,
or fine pursuant to this chapter with a negotiable instrument that is dishonored on
presentation and said negotiable instrument shall not be considered payment and shall be
cause for disciplinary action.
G. Prior to the initial approval and issuance of a license, or whenever a transfer of any interest
in the license pursuant to subsection D of this section or section 4 -6D -6 of this chapter, or at
the request of the liquor commissioner, all persons required to be Iisted on the application
and at the request of the liquor commissioner, and all managers and bartenders shall submit
his or her fingerprints to the Morton Grove Police Department in the form and manner
prescribed by Chief of Police.. These fingerprints shall be checked against law enforcement
records and criminal history records databases. The licensee or applicant pay a fee for
conducting the criminal history records check, as determined by the Chief of Police.
H. An application for renewal of any previously issued license shall be filed prior to April I
each year. The application shall be accompanied by payment of all the requisite fees, shall
be verified, and shall include the same information and documentation as shown above,
which shall be current and accurate as of the date of filing said renewal application as well
as the following documentation and information:
1. A copy of the applicant's current state liquor license number;
2. The date the applicant first obtained a license for the sale of liquor at his place of
business;
The applicant's retailer's occupation tax (ROT) registration number;
4. Whether the applicant is delinquent in the payment of the retailer's occupational tax
(sales tax), and if so, the reasons therefore;
5. Proof of completion of alcohol sales and service training program required by
subsection 4- 6D -13I of this chapter for each manager and employee who is or will be
engaged in the selling, mixing, preparing, serving, or delivering of alcoholic liquor to
customers, guests, or patrons for consumption on or off the licensed premises.
Any
application for renewal of a liquor license submitted after
April 1
must be
accompanied
by a
one hundred dollar ($100.00) late filing fee. The failure to
renew
a license
or to pay all
14
requisite fees before the expiration of the license shall render the license nonrenewable
unless all required information, documentation, and fees, including a late fee in the amount
of two hundred dollars ($200.00) or ten percent (10 %) of the license fee, whichever is
greater, are filed with the Village Administrator within ten (10) working days of the
expiration of the license.
Applications for class G. J and K licenses need not follow the formal process set forth in this
section, but shall be made by a written correspondence to the local liquor commissioner at
least thirty (30) days before the event, and shall identify the date and time of the event, the
type of license requested, and the location of the event, and shall include proof of insurance,
proof all persons selling or serving alcoholic liquor have completed an alcohol sales and
service training program pursuant to subsection 4- 6D -13I of this chapter, and such other
information required from time to time by the local liquor commissioner. (Ord. 11 -11, 3 -28-
2011)
4 -6D -10 BOND REQUIRED; AMOUNT; CONDITIONS: A licensee who has had a
liquor license revoked or suspended within the last three (3) years shall, as a
condition of obtaining or retaining a liquor license from the Village, obtain a surety bond in the sum
of two thousand dollars ($2,000.00) with a solvent surety company licensed to do business in the
State of Illinois, and approved by the liquor commissioner. The bond shall be made payable to the
Village and conditioned on the faithful observance by the licensee of the provisions of this chapter,
all ordinances and laws of the State of Illinois and of the United States Of America applying to the
sale and possession of alcoholic liquor and shall be further conditioned on the payment of all fines
and costs which may be assessed against the licensee by the local liquor control commissioner for
the violation of any of the provisions of this chapter. If a licensee shall be fined and fails to pay the
fine, or the license shall be revoked by the liquor commissioner and no appeal is taken from such,
the order or any appeal taken therefrom is decided adversely to the Iicensee, the bond shall be
forfeited and the liquor commissioner may institute suit on such bond in the name of the Village of
Morton Grove for the entire amount of the bond. (Ord. 06 -20, 6 -12 -2006)
4 -6D -11 CAUSES FOR LICENSE REJECTION, SUSPENSION AND /OR
REVOCATION:
A. In addition to other grounds specified in this chapter, the liquor commissioner shall refuse
the issuance or renewal of a license, or suspend or revoke the license, of any licensee or
applicant, for any of the following conditions with respect to an owner, licensee, applicant,
manager or bartender except as otherwise provided in subsection B of this section and
subsection 4 -6D -1913 of this chapter:
A person under the age of twenty one (21) years.
2. A person who is not a resident of the State of Illinois except as allowed by this
chapter.
A person who is not of good character and reputation in the Village of Morton Grove
and the community in which he resides.
15
4. A person who has not submitted a complete, accurate and truthful application and all
required documentation for a license as provided for in this chapter.
5. A person who has been convicted of a felony under any federal or state law, unless
the liquor commissioner determines that such person has been sufficiently
rehabilitated to warrant the public trust after considering matters set forth in such
person's application and the liquor commissioner's investigation with the burden of
proof of sufficient rehabilitation to be on the applicant.
6. A person who has been convicted of being the keeper of or is keeping a house of
prostitution or a house of ill fame.
A person who has been convicted of pandering, or any other crime(s) or
misdemeanor(s) opposed to decency and morality or of a sexual nature, or is
determined to be a "sex offender" as defined by statute and /or is required to register
as such.
8. A person who has been convicted of a gambling offense as proscribed by any Village
ordinance, subsections (a)(3) through (a)(11) of section 28 -1, or section 28 -1.1 or 28-
3 of the criminal Code of 1961, or as proscribed by a statute replaced by any of the
aforesaid statutory provisions.
9. A person who is licensed by the State of Illinois as an alcohol distributor.
10. A partnership or co- partnership, if any person owning more than five percent (5 %)
thereof would not be eligible to receive a license hereunder for any reason other than
the citizenship or residency requirements of this chapter, so long as the partnership
employs a resident manager to operate the licensed premises.
11. A corporation, if any officer, or director thereof, or any stockholder or stockholders
owning in the aggregate more than five percent (5 %) of the stock in such corporation
would not be eligible to receive a license for any reason hereunder other than the
citizenship or residency requirements of this chapter so long as the corporation
employs a resident manager to operate the licensed premises.
12. A corporation, unless it is incorporated in Illinois, or unless it is a foreign
corporation which is qualified under the "business corporation act of 1983" to
transact business in Illinois.
13. A club, if any of its officers or directors would not be eligible to receive a license for
any reason hereunder other than the residency requirements of this chapter.
14. A person that is not an individual(s), partnership, corporation or "club" as defined in
this chapter, except for persons applying for a class G license.
15. A person whose place of business is conducted by a manager who is not qualified to
hold a license under this chapter.
IN
16. A person who does not beneficially own the premises for which a license is sought,
or does not have a lease thereon, or written permission from the owner of the
licensed premises for the period for which the license is to be issued.
17. A person who is not a beneficial owner of the business to be operated by the
licensee.
18. Any person not eligible to receive a license under the Illinois Liquor Control Act or
subsequent relevant liquor regulations as may be amended from time to time.
19. Any person who is an elected official or full-time employee of the Village of Morton
Grove and no such official or employee shall be interested in any way, either directly
or indirectly, in the manufacture, sale or distribution of alcoholic liquor within the
Village, except that a license may be granted to the Village president or any member
of the Village board of trustees in relation to a premises located within the Village of
Morton Grove if the sale of alcoholic liquor pursuant to the license is incidental to
the selling of food, the issuance of the license is approved by the state liquor
commission, the issuance of the license is in accordance with all applicable local
ordinances in effect where the premises are located, and the official granted a license
abstains on all votes on alcoholic liquor issues pending before the Village board.
20. A person who does not have liquor liability insurance coverage for the licensed
premises in an amount that is at least equal to the maximum liability amounts
required by the Liquor Control Act or one million dollars ($1,000,000.00),
whichever is greater.
21. A person who sells or intends to sell alcoholic liquor at any premises or place of
business where the majority of customers are minors or where the principal business
transacted consists of school books, school supplies, food, lunches, or drinks for such
minors.
22. A person who sells or intends to sell alcoholic liquor within one hundred feet (100')
of any church, school other than an institution of higher learning, hospital, home for
aged or indigent persons or for veterans, their spouses or children, or any military or
naval station, but this prohibition shall not apply to hotels offering restaurant service,
regularly organized clubs, or to restaurants, food shops or other places where sale of
alcoholic liquor is not the principal business carried. In the case of a church, the
distance of one hundred feet (100') shall be measured to the nearest part of any
building used for worship services or educational programs and not to property
boundaries. Nothing in this section shall prohibit the issuance of a license to a church
or private school to sell at retail alcoholic liquor if any such sales are limited to
periods when groups are assembled on the premises solely for the promotion of some
common object other than the sale or consumption of alcoholic liquors, or where a
church locates within one hundred feet (100') of a preexisting licensed premises.
23. A person who at the time of application for renewal of any license issued hereunder
would not be eligible for such license upon a first application.
17
24. A person who fails to so testify or provide such books or records for inspection as
required by the local liquor control commissioner.
25. Where the licensed premise constitutes a nuisance as defined by this chapter or
elsewhere in this Code or by any state or federal law.
26. Where the licensee or his employees or agents have failed to submit his or her
fingerprints in violation of this chapter.
27. In cases of a renewal application, a licensee who is delinquent in paying any amount
owed to the Village of Morton Grove, until the finance director confirms that all
delinquencies and obligations have been satisfied, and if requested, the applicant
provides documentation that all taxes, fees, obligations or debts owed to the Village
of Morton Grove by the licensee have been satisfied.
28. In cases of a renewal application, if the department of revenue has reported to the
Illinois liquor control commissioner that such licensee is delinquent in filing any
required tax returns or paying any amounts owed to the State of Illinois until the
licensee is issued a certificate by the department of revenue stating all delinquent
returns or amounts owed have been paid by guaranteed remittance or the payment
agreement to pay all amounts owed has been accepted by the department.
29. A person whose license under this chapter or the Liquor Control Act has been
revolted for cause within the past twelve (12) months.
30. A person whose license under this chapter or the Liquor Control Act has been
revoked unless the liquor commissioner determines it is unlikely the person will
violate any provision of this chapter.
B. A criminal conviction of a corporation is not grounds for the denial, suspension, or
revocation of a license applied for or held by the corporation if the criminal conviction was
not the result of a violation of any federal or state law concerning the manufacture,
possession or sale of alcoholic liquor, the offense that led to the conviction did not result in
any financial gain to the corporation and the corporation has terminated its relationship with
each director, officer, employee, or controlling shareholder whose actions directly
contributed to the conviction of the corporation. The liquor commissioner shall determine if
all provisions of this subsection have been met before any action on the corporation's license
is initiated. (Ord. 06 -20, 6 -12 -2006)
4 -6D -12 VIOLATION OF STATE TAX ACTS:
A. In addition to other grounds specified in this chapter, the liquor commissioner, on complaint
of the department of revenue of the State of Illinois, shall refuse the issuance or renewal of a
license, or suspend or revolve the license, of any person, for any of the following violations
of any tax act administered by the department:
W,
Failure to make a tax return.
2. The filing of a fraudulent return.
3. Failure to pay all or part of any tax or penalty finally determined to be due.
4. Failure to keep books and records.
5. Failure to secure and display a certificate of registration, if required.
6. Willful violation of any rule or regulation of the department relating to the
administration and enforcement of tax liability.
B. Upon receiving notice from the department that a violation of any of the items in subsections
Al through A6 of this section have been corrected or otherwise resolved to the department's
satisfaction, the liquor commissioner may vacate an order of revocation. (Ord. 06 -20, 6 -12-
2006)
4 -6D -13 REGULATIONS FOR LICENSEES:
A. Condition of Licensed Premises: All licensed premises shall be kept in a clean and sanitary
condition and shall be governed by the ordinances of the Village regulating the condition of
the premises used for the storage or sale of food for human consumption.
B. Hours of Sale or Consumption: No licensee shall permit any alcoholic liquor to be sold or
given away or consumed on a licensed premises between the hours of two o'clock (2:00)
A.M. and six o'clock (6:00) A.M. on weekdays and Saturday; and between the hours of three
o'clock (3:00) A.M. and ten o'clock (10:00) A.M. on Sunday. Class A, B, C, H, I, J& L
licensees must stop the sale and serving of alcohol by 1:30 AM on weekdays and Saturday,
and by 2:30 AM on Sunday.
C. Lights and Signs: All lights of all outside advertising display or illuminating signs of
licensed premises shall be turned off at one o'clock (1:00) A.M. on weekdays and Saturday,
and two o'clock (2:00) A.M. on Sunday.
D. License Posted In Plain View: Each licensee shall cause his license to be framed and hung in
plain view in a conspicuous place on the licensed premises.
E. Books and Records: Each licensee shall make his books and records available upon
reasonable notice for the purpose of investigation and control by the liquor commissioner.
Such books and records shall be maintained in the State of Illinois, unless access to the
records is available electronically.
F. Sign Required; Violation: Every licensee shall post in plain view on the licensed premises
an eight and one -half inch by eleven inch (81/2" x 1 I ") sign with the following message:
"Government Warning: According To The Surgeon General, Women Should Not Drink
Alcoholic Beverages During Pregnancy Because Of The Risk Of Birth Defects ". The local
19
liquor control commission shall furnish a copy of this sign upon request. If the licensee fails
to post said sign within seven (7) days after receiving a written warning, he shall be fined in
accordance with title 1, chapter 4 of this Code for each such violation, and each day the
violation continues shall constitute a separate offense.
G. Outdoor Areas Adjacent To Licensed Premises: Subject to all applicable Village ordinances,
the local liquor control commissioner may allow the sale and consumption of alcoholic
liquor in completely enclosed outdoor areas such as decks and patios adjacent to the
permanent structure of a licensed premises so long as he determines said sale and
consumption shall not adversely impact the peace, health, safety or welfare of the
surrounding neighborhood. Said determination is subject to review and reconsideration on
an annual basis.
H. Video Recording And Monitoring: Unless waived in writing by the liquor commissioner, the
holder of a class D or class F license and any licensee who has video gaming terminals on
the licensed premise shall install and maintain in good working order video recording and
monitoring equipment pursuant to specifications as determined from time to time by the
Chief of Police and shall maintain video recordings for a period of at least fourteen (14)
days after each sale. Video recordings must be accessible remotely to the Chief of Police
upon request at anytime. A written notice that "all sales of alcohol are video recorded" shall
be posted near the point of sale. Holders of class D or F licenses shall record all persons
entering and leaving the building and all sales of alcohol. Licensees who have video gaming
terminals shall record all persons entering or leaving the building, the operation and playing
of all video gaming terminals, and all payouts /distributions of winnings from gaming
activities. Any class D or F licensee who had installed approved video recording equipment
prior to August 13, 2012 shall not be required to replace or upgrade its video recording
equipment to comply with this subsection until the first to occur of the following:
1. The video recording equipment fails to properly record or save recordings
2. The licensee is found to have violated any section of this chapter.
3. January 1, 2015.
Responsible Alcohol Service Training Required:
Each manager of a licensed premises, and each employee of a licensee who will be
engaged in selling, mixing, preparing, serving or delivering alcoholic liquor to
customers, guests or patrons for consumption on or off the licensed premises, shall,
within ten (10) days after beginning employment with the licensee, successfully
complete an alcohol sales and service training program.
2. Each licensee shall maintain on the licensed premises and with the liquor
commissioner proof of completion of the alcohol sales and service training required
pursuant to this subsection in a manner that will allow inspection, upon demand, by
m
any designee of either the State of Illinois liquor control commission or the local
liquor control commissioner.
3. No person shall sell, mix, prepare, serve, or deliver alcoholic liquor in the Village,
for consumption on or off the licensed premises, unless that person has successfully
completed an alcohol sales and service training program, and that proof of such
training is available for inspection at the Iicensed premises.
4. No local liquor licensee shall allow alcoholic liquor to be sold, served, or delivered
except by a person who has successfully completed an alcohol sales and service
training program. (Ord. 10 -13, 6 -14 -2010)
BYOB Licensees: The following provisions apply to holders of Class "L" (BYOB Licenses,
and are in addition to all other requirements set forth in this chapter.
1. The hours of BYOB wine service shall occur only between 3:00 pm and 10:00 pm.
2. No more than one bottle of wine or 48 ounces of beer per patron over the age of 21
shall be permitted to be consumed at any table or booth.
3. The licensee shall only permit BYOB service to occur on the premise in conjunction
with the purchase and consumption of a full meal on the licensed premise.
4. Patrons must be seated at a table or booth to consume wine.
5. The licensee may provide glassware and ice to the patron and may uncork the wine,
pour it, and shall control its consumption.
6. The Iicensee may but is not required to charge a corkage fee.
7. All employees who perform corkage duties shall successfully complete an alcohol
sales and service training program and shall serve the wine as if it was purchased in
the establishment complying with all state and local laws.
8. Section 235 ILCS 5/6 -33 of the Illinois Liquor Control Act is hereby incorporated by
reference with respect to prohibitions against any persons carrying or transporting or
possessing liquor in an unsealed and open condition.
9. The licensee shall be liable for violations of this chapter in the same manner as the
holder of any other classification of liquor license including but not limited to
violations for service to minors and the over - serving of patrons.
K. Access: The Chief of Police or his designees and/or any peace officer of the Village of
Morton Grove Police Department wearing a uniform or displaying a badge or other sign of
authority shall have unobstructed /unhindered immediate access to the licensed premise
including but not limited to all outdoor areas during the business hours and /or any time the
licensed premise is occupied. The licensee, its agents and /or employees shall allow and /or
facilitate said access and shall not hinder or obstruct said access in any manner.
21
4 -6D -14 REGULATIONS FOR LICENSEES OPERATING VIDEO GAMING
TERMINALS ON THE LICENSED PREMISE:
A. It shall be unlawful for any licensed premise to operate a video gaming terminal, except for
Class "A ", "B ", and "C" license holders who have also obtained approval for the operation
of video gaming terminals from the State of Illinois, and who have obtained a video gaming
terminal permit sticker from both the State of Illinois and the Village of Morton Grove. The
cost for a video gaming terminal permit sticker issued by the Village of Morton Grove shall
be $250.00 per machine /terminal to be renewed on an annual basis.
B. Regulations governing licensed establishments operating video gaming terminals:
A valid Village video gaming terminal permit sticker shall be clearly displayed at all
times on each video gaming terminal.
2. No more than the maximum amount of video gaming terminals allowed by Illinois
law may be located on the licensed establishment's premises.
All video gaming terminals must be located in an area restricted to persons 21 years
of age or older. The entrance to such an area must at all times be within the view of
at least one employee who is at least 21 years of age. Video Gaming Terminals must
not be visible from any area outside of the building.
4. No licensed establishment may cause or permit any person under the age of 21 to
use, play or operate a video gaming terminal.
5. No video gaming terminal may be played except during the legal hours of operation
allowed for the consumption of alcoholic beverages at the licensed premise.
6. The licensed establishment must fully comply with the Illinois Video Gaming Act
(230 ILCS 40/1 et seq) and all rules, regulations, and restrictions imposed by the
Illinois Gaining Board which are here as may be amended from time -to -time which
are hereby incorporated by reference into this chapter.
T The licensed premise shall be video recorded pursuant to Section 4- 6D- 13(H).
8. Any violation of this section shall be cause for the immediate suspension of the
liquor license for the licensed premise. And such suspension shall remain in effect
until the licensee demonstrates that it is in full compliance with this section.
9. Any licensee that has had its licensed revoked or suspended by the Village of Morton
Grove, or by the Illinois State Liquor Control Commission or has its video gaming
license revoked or suspended by the Illinois Gaming Board shall automatically have
its Village video gaming terminal permit stickers revoked or suspended for the same
time period as its liquor and/or gaming board permit sticker suspended whichever the
case may be.
22
10. Every video gaming terminal that does not have a valid video gaming terminal
permit sticker issued by the Village of Morton Grove or the State of Illinois operated
in violation of this section or is otherwise unlawful shall be considered a gambling
device subject to seizure and shall be turned over to the Illinois Gaming Board in
accordance with Board regulations and applicable laws unless otherwise ordered by a
court of competent jurisdiction.
4- 6D -15: PROIIIBITED CONDUCT:
A. No person shall gamble and no licensee shall permit gambling on any licensed premises
except where such gambling activity is permitted and licensed by state statute and is
conducted under the rules and regulations provided by the state for that particular type of
gambling activity.
B. No person shalt peddle alcoholic liquor in the Village.
C. It shall be the responsibility of the licensee to ensure the conduct and activities of any
employee having a disease or medical condition shall be in compliance with the ordinances
of the Village contained in title 8 of this Code regulating employee health in food service
establishments.
D. No licensee shall directly or indirectly sell, give, or deliver alcoholic liquor to any
intoxicated person or to any person known to him to be an alcoholic.
E. No person shall transport, carry, possess or have any alcoholic liquor in, upon or about any
motor vehicle, except in the original package with the seal unbroken.
P. No person shall drink or consume alcoholic liquor in an area adjacent to a licensed premise,
including the parking area, or in any public right -of -way.
G. Any owner of a licensed premises or any person from whom the licensee derives the right to
possession of such premises, or the agent of such owner or person who knowingly permits
the licensee to use said licensed premises in violation of the terms of this chapter shall be
deemed guilty of a violation of this chapter to the same extent as said licensee and be subject
to the same punishment.
H. Every act or omission of any nature constituting a violation of any of the provisions of this
chapter, by any officer, director, manager, or other agent or employee of any licensee, shall
be deemed and held to be the Liquor Control Act of such employer or licensee, and said
employer or licensee shall be punishable in the same manner as if said act or omission had
been done or omitted by him personally.
No licensee shall discharge or in any way retaliate against any person, because the person
reported a violation of any provision of this chapter to the local liquor control commissioner
or other law enforcement official.
23
No person shall offer anything of value to any Village official or employee, directly or
indirectly, to influence the issuance of a license or the enforcement of any provision of this
chapter.
K. No licensee shall deny or permit his agents and employees to deny in violation of any
federal, state or local law any person the full and equal enjoyment of the accommodations,
advantages, facilities and privileges of any premises in which alcoholic Iiquors are
authorized to be sold subject only to the conditions and limitations established by law and
applicable alike to all citizens.
L. No person except a manufacturer or alcohol distributor, or importing alcohol distributor,
shall fill or refill, in whole or in part, any original package of alcoholic liquor with the same
or any other kind or quality of alcoholic liquor, and it shall be unlawful for any person to
have in his possession for sale at retail any bottles, casks or other containers containing
alcoholic liquor, except in original packages.
M. Safety provisions:
A licensee shall not permit the use of any pyrotechnic device within its licensed
premises without the prior authorization of the Illinois state fire marshal, or the
Village fire marshal or his designee. A licensee, or any agent or employee of that
licensee, may not use or permit mace, pepper spray, or any other toxic air - released
compound within its licensed premises. Violation of this subsection M1 by any
licensee or any employee or agent of a licensee is a class 4 felony.
2. No person may impede any person who is attempting
to an emergency that constitutes a threat to the health
licensed premises. For the purpose of this section, the
attempting to exit" includes physically restraining the
an exit while the licensed premises is open to the pub]
M2 is a class 4 felony.
to exit a licensed premises due
or safety of persons within the
term "impede a person who is
person or blocking or locking
ic. Violation of this subsection
A licensee of a licensed premises with an authorized capacity of at least two hundred
fifty (250) persons, as set by the state fire marshal, the fire chief or his designee or as
set by local ordinance, whichever is lowest, must place a panic bar on each exit of its
licensed premises. A licensee of a licensed premises with an authorized capacity of
at least five hundred (500) persons that conducts live entertainment within its
licensed premises must, before the commencement of the live entertainment, make
an announcement to the patrons of the licensed premises that generally informs those
patrons of the locations of exits and fire escapes at the licensed premises.
N. Happy hours prohibited:
No retail licensee or employee or agent of such licensee shall:
a. Serve two (2) or more drinks of alcoholic liquor at one time to one person for
consumption by that one person, except conducting product sampling as
allowed by law or selling or delivering wine by the bottle or carafe;
24
b. Sell, offer to sell or serve to any person an unlimited number of drinks of
alcoholic Iiquor during any set period of time for a fixed price, except at
private functions not open to the general public;
C, Sell, offer to sell or serve any drink of alcoholic liquor to any person on any
one date at a reduced price other than that charged other purchasers of drinks
on that day where such reduced price is a promotion to encourage
consumption of alcoholic liquor;
d. Increase the volume of alcoholic liquor contained in a drink, or the size of a
drink of alcoholic liquor, without increasing proportionately the price
regularly charged for the drink on that day;
e. Encourage or permit, on the licensed premises, any game or contest which
involves drinking alcoholic liquor or the awarding of drinks of alcoholic
liquor as prizes for such game or contest on the licensed premises; or
f Advertise or promote in any way, whether on or off the licensed premises,
any of the practices prohibited under subsections NI a through NI e of this
section.
2. Nothing in subsection NI of this section shall be construed to prohibit a licensee
from:
a. Offering free food or entertainment at any time;
b. Including drinks of alcoholic liquor as part of a meal package;
C. Including drinks of alcoholic liquor as part of a hotel package;
d. Negotiating drinks of alcoholic liquor as part of a contract between a hotel or
multiuse establishment and another group for the holding of any function,
meeting, convention or trade show;
e. Providing room service to persons renting rooms at a hotel;
f. Selling pitchers (or the equivalent, including, but not limited to, buckets),
carafes, or bottles of alcoholic liquor which are customarily sold in such
manner and delivered to two (2) or more persons at one time; or
g. Increasing prices of drinks of alcoholic liquor in lieu of, in whole or in part, a
cover charge to offset the cost of special entertainment not regularly
scheduled.
3. All licensees shall maintain a schedule of the prices charged for all drinks of
alcoholic liquor to be served and consumed on the licensed premises or in any room
or part thereof. (Ord. 06 -20, 6 -12 -2006)
25
4- 6D -16: PROHIBITED CONDUCT RELATING TO MINORS:
A. No person or licensee nor any officer, associate, member, representative, agent, or employee
of such licensee shall sell., give, or deliver alcoholic liquor to any person under the age of
twenty one (2 1 ) years.
B. No person or licensee nor any officer, associate, member, representative, agent, or employee
of such licensee shall sell alcoholic liquor to any person who appears to be under the age of
thirty -five (35) without first requiring said person to furnish a valid State of Illinois picture
I.D. or driver's license, or U.S. passport. (Ord 12 -09, 04- 09 -12)
C. No person under the age of twenty -one (2 1) years shall purchase, obtain or consume
alcoholic liquor.
D. A licensee shall display a sign at the licensed premises at all times in a prominent place,
which shall read substantially as follows:
WARNING TO PERSONS UNDER 21 YEARS
YOU ARE SUBJECT TO A FINE OF UP TO ONE THOUSAND DOLLARS ($1,000)
UNDER THE ORDINANCE OF THE VILLAGE OF MORTON GROVE IF YOU
PURCHASE ALCOHOLIC LIQUOR, OR MISREPRESENT YOUR AGE FOR THE
PURPOSE OF PURCHASING OR OBTAINING ALCOHOLIC LIQUOR. ALL
UNLAWFUL ATTEMPTS TO PURCHASE ALCOHOL SHOULD BE REPORTED TO
THE MORTON GROVE POLICE DEPARTMENT 847 - 470 -5200
E. No person shall permit any person under the age of twenty one (2 1) to be or remain at any
establishment where the sale of alcoholic liquor is the principal business unless
accompanied by his or her parent or guardian, or any lawful employee eighteen (18) years of
age or older.
F. No parent or guardian shall permit his or her child to violate any of the provisions of this
section.
G. No person under the age of twenty one (2 1) years shall falsely represent that he or she is at
least twenty one (21) years of age, or present or offer to any licensee, his agent or employee,
any proof or evidence of age and identity that is false, fraudulent, or not actually his or her
own for the purpose of ordering, purchasing, attempting to purchase or otherwise procuring
or attempting to procure any alcoholic beverage.
H. No person under the age of twenty one (21) years shall have in his or her possession any
false or fraudulent written, printed, or photostatic evidence of age and identity.
No person under the age of twenty one (2 1) years shall have any alcoholic liquor in his or
her possession on any street or highway or in any public place or in any place open to the
public, unless such person is making a delivery of alcoholic liquor in pursuance of the order
of his or her parent.
co
No person
shall
rent a hotel or motel room for the purpose of or
with the knowledge that
such room
shall
be used for the consumption of alcoholic liquor
by a person under the age of
twenty one (21)
years.
to either the residence
K. No person shall permit a person under the age of twenty one (21) to consume alcoholic
liquor at his residence
or property.
A person is deemed to violate this subsection if he
knowingly authorizes,
enables, or
permits his property to
be used for the consumption of
alcoholic liquor by a person under
the age of twenty one
(21), or by failing to control access
to either the residence
or the alcoholic
liquor maintained
in the residence.
L. No person shalt have alcoholic liquor in his or her possession on public school district
property on school days or at events on public school district property when children are
present unless the alcoholic liquor is in the original container with the seal unbroken and is
in the possession of a person who is not otherwise legally prohibited from possessing the
alcoholic liquor, unless the alcoholic liquor is in the possession of a person in or for the
performance of a religious service or ceremony.
M. No licensee shall permit any employee or any person under the age of twenty one (21) to
sell, serve, handle, draw, pour, or mix any alcoholic liquor on the licensed premises.
N. The possession and dispensing, or consumption by a person under twenty one (21) years of
age of alcoholic liquor in the performance of a religious service or ceremony, or the
consumption of alcoholic liquor by a person under twenty one (2 1) years of age under the
direct supervision and approval of a parent or guardian or person standing in loco parentis of
such person under twenty one (2 1) years of age in the privacy of a home, is not prohibited
by this chapter. (Ord. 06 -20, 6 -12 -2006)
4- 6D -17: DECLARATION OF NUISANCE: Every lot, parcel, or tract of land, and
every building, structure, establishment, or place whatsoever, together with all
furniture, fixtures, and ornaments located thereon, wherein any unlawful sale of alcoholic liquor is
conducted, or wherever alcoholic liquor is kept, stored, concealed, allowed or intended for illegal
sale or is or is to be sold, disposed of, or in any other manner used in violation of any of the
provisions of this chapter, or any place where alcoholic liquor is sold or served and which is also
used for illegal purposes including the sale of unlawful drugs, lewdness, or illegal gambling,
prostitution, or is otherwise detrimental to the peace and well being of the neighborhood is declared
to be a public nuisance and shall be abated and may be enjoined as provided by the Village
ordinances and laws of this state for the abatement of public nuisances. (Ord. 06 -20, 6 -12 -2006)
4- 6D -18: EMERGENCY CLOSING:
A. If the liquor commissioner has reason to believe any continued operation of a particular
licensed premises will immediately threaten the welfare of the community he may, upon the
issuance of a written order stating the reason for such conclusion and without notice or
hearing, order the licensed premises closed for not more than seven (7) days, except that if
such licensee shall also be engaged in the conduct of another business or businesses on the
27
licensed premises such order shall not be applicable to such other business or businesses.
The licensee shall be given an opportunity to be heard during that period.
B. The Chief of Police upon the issuance of a written order stating the reasons therefore,
without notice or hearing, may order a licensed premises to be closed without a hearing for a
period of twenty four (24) hours if the premises was the scene of a disturbance involving
injury or threat to any person or the use of firearms, or if the premises constitutes a crime
scene and such closing could prevent the loss or destruction of evidence and facilitate a
police investigation, for up to seven (7) days or longer if necessary to preserve the integrity
of evidentiary collection procedures. (Ord. 06 -20, 6 -12 -2006)
4- 6D -19: PROCEEDING BEFORE THE LOCAL LIQUOR CONTROL
COMMISSIONER:
A. The liquor commissioner, after conducting an administrative hearing, may revoke or
suspend any license issued by him or impose a fine upon a licensee if he determines cause
exists for such action by a preponderance of the evidence.
B. Any resident(s) of the Village may file a complaint with the Chief of Police stating any
licensee has been or is violating the provisions of this chapter. Such complaint shall be in
writing and shall be signed and sworn to by the parties complaining. The complaint shall
state the particular provision, rule or regulation believed to have been violated and the facts
in detail upon which belief is based. If the Chief of Police is satisfied the complaint
substantially charges a violation he shall conduct an investigation. If, after conducting an
investigation, the Chief of Police has reason to believe a violation did occur, he shall refer
the matter to the liquor commissioner who shall conduct a hearing to determine whether
action should be taken against the licensee in accordance with this section.
C. The following procedures shall apply to all hearings and rehearings for the suspension or
revocation of licenses, or impositions of fines by the liquor commissioner or to review an
order for an emergency closing, or a denial of a request for the issuance, transfer or renewal
of a license:
All hearings shall be open to the public.
2. Except for hearings related to emergency closures, all licensees and persons charged
with a violation pursuant to this chapter shall be given at least a three (3) day written
notice of the proceeding affording the licensee or such person an opportunity to
appear and defend. This notice provision may be waived by the licensee or other
person so charged.
3. Notice of the hearing may be served by personal delivery to the person so charged,
or the licensee or his manager, by certified mail to the known address of the licensee
or person charged, or to the licensee by posting on the licensed premises.
4. A certified official record of the proceedings shall be taken by a certified court
reporter or certified shorthand reporter.
we
5. Irrelevant, immaterial, or unduly repetitious evidence may be excluded.
6. The rules of evidence and privilege as applied in civil cases in the circuit courts of
Illinois shall be generally followed. However, evidence not admissible under such
rules of evidence may be admitted if it is deemed reasonably reliable by the liquor
commissioner.
7. The liquor commissioner shall reduce his finding to writing.
8. The liquor commissioner shall within five (5) days after such hearing, if he
determines after such hearing the license should be revoked or suspended or the
licensee should be fined, state the reason or reasons for such determination in a
written order, and either the amount of the fine, the period of suspension, or the
license has been revoked, and shall serve a copy of such order within the five (5)
days upon the licensee by regular mail to the licensee's or person's last known
address, or to the licensed premises. Failure to follow this provision shall not
constitute a jurisdictional defect and shall not impair the legal effect of or
enforcement of an order issued by the liquor commissioner within any reasonable
time after the hearing.
In the event the
liquor control commissioner
shall
find a
person
or a licensee guilty
of violating any
provision of this chapter, he
may:
(Ord.
06 -20,
6 -12 -2006)
a. Levy a fine on the person or licensee for such violations. The fine imposed
shall be in accordance with title 1, chapter 4 of this Code. Each day on which
a violation continues shall constitute a separate violation. Not more than
fifteen thousand dollars ($15,000.00) in fines under this section may be
imposed against any licensee during any annual period of his license.
Proceeds from such fines shall be paid into the general corporate fund of the
Municipal treasury; (Ord. 08 -22, 5 -12 -2008)
In addition to any fine, order the suspension of any license for up to thirty
(30) days. During any period of suspension, the licensee shall remove all
alcoholic liquor from the premises, or with the written consent of the liquor
commissioner, conceal said alcoholic liquor from public view. The licensee
shall also prominently display a sign provided by the liquor commissioner
which shall advise the public that the sale of alcohol is prohibited during the
period of suspension;
C. In addition to any fine, order the revocation of the license. Unless specified
otherwise, a revocation shall be entered as to the licensee only and not to the
licensed premises;
d. In addition to or in lieu of any fine, suspension, or revocation, order the
licensee to successfully complete an alcohol sales and service training
program;
29
e. In addition to any fine, suspension, or revocation, order the licensee to pay
reasonable attorney fees incurred by the Village;
f In addition to any fine, suspension, or revocation, order the licensee to pay
reasonable costs incurred at the hearing, including court reporter fees, police
personnel and inspector fees.
D. The aforesaid proceedings and sanctions imposed by the liquor commissioner are not
exclusive and shall be in addition to all other rights of prosecution, actions or remedies
available to the Village, state liquor commission and the state.
E. Any order or action of the liquor commissioner levying a fine or refusing to levy a fine on a
licensee, granting or refusing to grant a license, revoking or suspending or refusing to
revoke or suspend a license or refusing for more than thirty (30) days to grant a hearing
upon a complaint to revoke or suspend a license may, within twenty (20) days after notice of
such order or action, be appealed by any interested person or resident of the Village of
Morton Grove to the state liquor commission subject to the following:
Except as provided in subsection E3 of this section, in any case where a licensee
timely appeals to the state Iiquor commission from an order or action of the liquor
commissioner having the effect of suspending or revoking a license, or denying a
renewal application, the licensee may continue the operation of the licensed business
pending the decision of the state liquor commission and the expiration of the time
allowed for an application for rehearing.
2. Except as provided in subsection E3 of this section, if an application for rehearing is
filed, the licensee may continue the operation of the licensed business until the
decision on rehearing.
In any case in which a licensee applies for a rehearing, or appeals to the state liquor
commission a suspension or revocation by a liquor commissioner that is the second
or subsequent such suspension or revocation placed on that licensee within the
preceding twelve (12) month period, the provisions of subsections E and E2 of this
section shall not apply, and the appeal or rehearing shall not stay the order of the
liquor commissioner. During the period of suspension or revocation or until the state
liquor commission overturns the order of the Iiquor commissioner and all rehearings
have concluded, or if none, upon the expiration of the time allowed for an
application for rehearing, the licensee shall remove all alcoholic liquor from the
premises, or with the written consent of the liquor commissioner, conceal said
alcoholic liquor from public view. During said period, the licensee shall also
prominently display a sign provided by the liquor commissioner which shall advise
the public that the sale of alcohol is prohibited. An appeal of any decision of the
liquor commissioner shall be limited to a review of the official record of the
proceedings.
4. A certified official record of the proceedings taken and prepared by a certified court
reporter or certified shorthand reporter shall be filed by the liquor commissioner
30
within five (5) days after notice of the filing of such appeal, provided the appellant
licensee pays for the cost of the transcript.
5. The state liquor commission
shall review the propriety of the order
or action of the
liquor commissioner subject
only to
consideration of the following
questions:
a. Whether the liquor commissioner has proceeded in a lawful manner;
b. Whether the order is supported by the findings;
C. Whether the findings are supported by substantial evidence in the light of the
whole record.
6. The only evidence which may be considered in the review shall be the evidence
found in the certified official record of the proceedings of the liquor commissioner.
No new or additional evidence shall be admitted or considered.
The state liquor commission shall render a decision affirming, reversing or
modifying the order or action reviewed within thirty (30) days after the appeal was
heard. (Ord. 06 -20, 6 -12 -2006)
4- 6D -20: VIOLATIONS; PENALTIES:
A. The Village of Morton Grove Administrative Adjudication Hearing Officer and /or the
Circuit Court of Cook County are authorized to hear and determine proceedings against any
person for violations of this chapter.
B. No person shall be charged or prosecuted for any violation of this chapter if he is a law
enforcement officer or an agent of the Chief of Police in the investigation or enforcement of
the provisions of this chapter or the Liquor Control Act and his activities are approved in
writing by the Cook County state's attorney, the director of state, or the Chief of Police of
the Village.
C. Any person who sells alcoholic liquor at any place within the Village of Morton Grove
without having first obtained a valid and current license to do so under the provisions of this
chapter shall be fined in accordance with Title 1, Chapter 4 of this Code. Each day on which
a violation continues shall constitute a separate violation.
SECTION 4: The terms and conditions of this ordinance shall be severable and if any
section, term, provision, or condition is found to be invalid or unenforceable by any reason by a
court of competent jurisdiction, the remaining sections, terms, provisions, and conditions, shall
remain in full force and effect.
SECTION 5: In the event this ordinance or any Code amendment herein is in conflict with
any statute, ordinance, or resolution or part thereof, the amendments in this ordinance shall be
31
controlling and shall supersede all other statutes, ordinances, or resolutions but only to the extent of
such conflict. Except as amended in this ordinance, all chapters and sections of the Village of
Morton Grove Village Code are hereby restated, readopted, and shall remain in full force and effect.
SECTION 6: This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form according to law.
PASSED this 30"' of July 2013.
Trustee
Grear
Trustee
Kalogerakos
Trustee
Marcus
Trustee
Pietron
Trustee
Thill
Trustee
Toth
APPROVED by me this 30`h day of July 2013
ATTESTED and FILED in my office
this 31" day of July 2013.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
32
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
Legislative Summer
Ordinance 13 -11 —1
APPROVING A PRELIMINARY AND FINAL PLAT FOR THE MCGRATH SUBDIVISION AND
RELIEF FROM VARIOUS SUBMITTAL REQUIREMENTS IN SECTION 12 -8 OF THE UNIFIED
DEVELOPMENT CODE FOR A 15.96 + /- ACRE PARCEL, LOCATED NORTH OF GOLF ROAD
BETWEEN HARLEM AVENUE AND WAUKEGAN ROAD,
COMMONLY KNOWN AS 70005 7040, 7100, AND 7152 GOLF ROAD
Introduced:
July 8, 2013
Synopsis:
This ordinance will authorize the Village to approve a preliminary and final plat of subdivision
for a four lot subdivision to be known as the McGrath Subdivision and relief from various
submittal requirements found in Section 12 -8 of the Unified Development Code, The parcels are
found north of Golf Road between Harlem Avenue and Waukegan Road commonly known as
7000, 7040, 7100, and 7152 Golf Road.
Purpose:
The approval will allow Hamilton Partners to complete the assemblage and registration of the
plats from the prior Kraft property with the county.
Background:
Action Glenview Ventures, LP has, under Case No. PC 13 -05, requested approval of preliminary
and final plats of for a 15.96 + /- acre parcel, located north of Golf Road between Harlem Avenue
And is located in the CI General Commercial Zoning District. To date, no development plans
have been submitted to the Village for this site. The Plan Commission held a public hearing on
June 17, 2013and recommended approval of the subdivision and approval of waivers of certain
subdivision requirements pertain to residential developments.
Programs, Departs
Administration, Community and Economic Development, and Legal Departments
or Groups Affected
Fiscal Impact:
N/A
Source of Funds:
N/A
Workload Impact:
The Village Administrator, Director of Community and Economic Development, along with
Corporation Counsel and the Building Commissioner will monitor the finalization of the
registration of this subdivision.
Admin Recommend:
Approval as presented
Second Reading:
July 30, 2013
Special Consider or
None
Requirements:
Respectfully submitted:
Administrator
Reviewed by:
Teresa Hoffin
Prepared by:
Nancy a zevrc , om i n tS and Economic Development Director
APPROVING A PRELIMINARY AND FINAL PLAT FOR TI4E
MCGRATH SUBDIVISION AND
RELIEF FROM VARIOUS SUBMITTAL REQUIREMENTS
IN SECTION 12 -8 OF THE UNIFIED DEVELOPMENT CODE
FOR A 15.96 + /- ACRE PARCEL, LOCATED NORTH OF GOLF ROAD
BETWEEN HARLEM AVENUE AND WAUKEGAN ROAD,
COMMONLY KNOWN AS 7000, 7040, 7100, AND 7152 GOLF ROAD
WHEREAS, the Village of Morton Grove, located in Cook County, Illinois, is a Home Rule unit of
government and under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, and as
such 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, Action Glenview Ventures, LP, c/o Hamilton Partners, 300 Park Boulevard Suite 300,
Itasca, 11 60143, with permission from the property owner Phenix Management Corporation, Three Lake
Drive, Northfield, IL 60093, has made a proper application to the Plan Commission in the Village of
Morton Grove under Case No. PC 13 -05, requesting approval of preliminary and final plats of subdivision
for the McGrath Subdivision and relief from various submittal requirements in Section 12 -8 of the Unified
Development Code for a 15.96714- acre parcel, located north of Golf Road between Harlem Avenue and
Waukegan Road, commonly known as 7000, 7040, 7100, and 7152 Golf Road; and
WHEREAS, the proposed four lot subdivision includes land zoned C 1 General Commercial
District; and
WHEREAS, pursuant to the applicable provisions of the Municipal Code of the Village of Morton
Grove, upon public notice duly published in the Pioneer Press newspaper, a newspaper of general
circulation in the Village of Morton Grove, which publication took place on May 23, 2013, and upon
posting of a sign on the property and written notification being sent to property owners within 250 feet of
the subject property as required by ordinance, the Plan Commission held a public hearing on June 17, 2013,
at which time all concerned parties were given the opportunity to present and express their views for the
consideration of the Plan Commission, and as a result of said hearing the Plan Commission made certain
recommendations including certain conditions through a report dated July 2, 2013, a copy of which is
attached hereto and made apart hereof as Exhibit "A" and
11
WHEREAS, the legal description for 7000, 7040, 7100, and 7152 Golf Road is attached hereto as
Exhibit `B' and
WHEREAS, the preliminary and final plats of subdivision comply with the lot area and lot width
requirements for lots within a C -1 General Commercial District, per Section 12- 4 -3:E.; and
WHEREAS, the Plan Commission has recommended the Corporate Authorities of the Village of
Morton Grove accept and approve the preliminary and final plats of subdivision for the McGrath Sub-
division as prepared and tenured by the Applicant, a copy of which is attached hereto as ExhibiY"C "; and
WHEREAS, Hamilton Partners has applied for and the Plan Commission has recommended
approval of waivers to the submittal requirements associated with development proposals and /or multi -lot
single - family residences listed in Section 12 -8 as follows:
12- 8- 2:13.1.1. through 12-8-2:B. Lt;
12- 8- 2 :B.2.f. through 12- 8- 2:13.2.1;
12 -8- 2:13.3;
12- 8- 3:A.3;
12- 8- 3:13.2;
12- 8 -3.C;
12- 8 -3.D;
12- 8 -4:A;
12- 8- 4:13.7;
12- 8 -4.D;
12- 8 -4.E;
WHEREAS, the Hamilton Partners has applied for and the Plan Commission has recommended
approval of a waiver to Section 12- 8- 3:A.4. to allow the applicant an extension of time, through April 1,
2014, to record the Final Plat of subdivision to allow sufficient time for Hamilton Partners to complete the
intended sale of the new lots after Kraft has vacated the site; and
WHEREAS, the Corporate Authorities of the Village of Morton Grove have considered the report
of the Plan Commission and find the proposed preliminary and final plats of subdivision and requested
waivers are in accordance with subdivision requirements of all applicable ordinances of the Village of
Morton Grove for a four lot subdivision of commercially zoned land.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses
into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth.
SECTION 2: The Corporate Authorities do hereby approve the application for PC13 -05, request for
approval of Preliminary and Final Plats of Subdivision, and relief from specific submittal requirements in
Section 12 -8 of the Unified Development Code, as per the submitted application and listing above, for the
15.96 + /- acre parcel located north of Golf Road between Harlem Avenue and Waukegan Road, commonly
known as 7000, 7040, 7100, and 7152 Golf Road.
SECTION 3: The Village Clerk and /or his designee is hereby authorized and directed to cause a
certified copy of this ordinance to be filed with the Recorder of Deeds of Cook County Illinois;
SECTION 4: The applicant or his /her successors shall file the final plat of subdivision and
associated Access Easement and Restrictions Agreement with the Recorder of Deeds of Cook County
Illinois, on or before April 1, 2014, and shall file three copies of the recorded plat with the Building
Commissioner for the Village of Morton Grove within ninety (90) days of such recording;
SECTION 5: The applicant shall comply with all applicable provisions of Title 12, Chapter 8
regarding the content, submission, and recording of the final plat of subdivision, except for those Sections
for which waivers were requested and the Corporate Authorities, through this Ordinance, have granted.
SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval
and publication according to law.
PASSED this 30th day of July 2013.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Kalogerakos
Marcus
Pietron
Thill
Toth
APPROVED by me this 30th day of July 2013.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
This 30th day of July 2013.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
EXHIBIT "A"
q Village of Morton Grove
Department of Community Development
To: Village President and Board of Trustees
f
From: Ronald L. Farkas, Chairman, Plan Commission l
Nancy M. Radzevich, AICP, Community and Economic evelopment Director,
Date: 3uly 2, 2013
Re: Plan Commission Case PC13 -05: Request for approval of Preliminary and
Final Plats of Subdivision and relief from various submittal requirements in
Section 12 -8 for a 15.96 + /- acre parcel, located north of Golf Road between
Harlem Avenue and Waukegan Road, commonly known as 7000, 7040, 7100,
and 7152 Golf Road
Commission Report
Public Hearing Notice and Application
Public Notice was provided for the public hearing for PC13 -05 in accordance with applicable
requirements. A public notice was published (Pioneer Press) on May 23, 2013, letters were sent to
surrounding property owners and a public notice sign was placed on the subject property on May
31, 2013.
On June 17, 2013, a public hearing was conducted by the Morton Grove Plan Commission for
PC13 -05, a request for approval of Preliminary and Final Plats of Subdivision and relief from
various submittal requirements in Section 12 -8 for a 15.96 + /- acre parcel, located north of Golf
Road between Harlem Avenue and Waukegan Road, commonly known as 7000, 7040, 7100, and
7152 Golf Road. The application was filed by Action Glenview Ventures, LP c/o Hamilton Partners.
Kraft Foods is relocating /consolidating their offices and Action Glenview Ventures, LP c/o Hamilton
Partners has a contract purchase agreement with Phenix, the current property owner, to acquire
the site once Kraft has vacated. The property is being subdivided as part of the sale agreement
and to accommodate future redevelopment of the property.
Public Hearing — Staff Overview
Nancy Radzevich presented the case on behalf of the Village. As noted in the staff report, the
15.96 + /- acre parcel is located north of Golf Road between Harlem Avenue and Waukegan Road,
is commonly known as 7000, 7040, 7100, and 7152 Golf Road, and is zoned C -1, General
Commercial District (See zoning map, p.4.). The property is improved with an existing surface
parking lot for the Kraft Foods offices, on the abutting property to north, located in Glenview.
Ms. Radzevich stated Hamilton Partners, Inc. is requesting approval of Preliminary and Final Plats
of Subdivision to resubdivide the existing eight (8) lot parcel into four (4) lots. The subdivision is
necessary for the purchase of the property by Action Glenview Ventures, LP c/o Hamilton Partners
from Phenix.
Ms. Radzevich noted the current Village Subdivision Regulations (Section 12 -8 of the Municipal
Code) are geared towards larger scale development proposals and /or traditional multi -lot
residential subdivisions. As such, with this application for approval of Preliminary and Final Plats
of Subdivision, the applicant has also requested waivers to some of the subdivision filing
requirements. The requested waivers are for items specifically geared towards subdivision
applications with associated (re)development proposals or residential projects such as homeowner
association rules and regulations, bonds for new roadways and associated infrastructure
improvements, parking studies, etc.
Ms. Radzevich explained the approval of this four (4) lot subdivision is being requested by
Hamilton Partners to allow them to close on the purchase of the property from Phenix. Although
development of one or more of the new lots is expected in the future, the current application is
solely for the approval of a new four new lot subdivision — no development proposals have been
filed at this time. As such the associated requested waivers, as listed in the application and the
staff report, are appropriate for this application.
Ms. Radzevich further noted that the proposed lots comply with the underlying zoning in terms of
lot size and frontage requirements. From design standpoint, the propose lots are in compliance
with the basic design requirements of the subdivision code.
Public Hearing Applicant Presentation
Todd Berlinghof, a partner with Hamilton Partners, was sworn in. Mr. Berlinghof explained this
project started approximately one year ago, with an agreement between Phenix /Kraft and
Hamilton Partners. Although they originally contemplated redevelopment of entire site, they have
since modified the plans to sell off the property to allow for the redevelopment of the northwest
corner of Golf and Waukegan and reoccupation of the balance of the site by P.W. Two of the
four lots in the proposed subdivision, making up an 8 acre parcel, are expected to be developed by
McGrath, with an Audi dealership on one of the lots and a potential additional car dealership on
the adjacent lot in the future. The other two lots in this subdivision will remain as part of the
former Kraft site and will be utilized by ITW. Currently there is some soil testing /removal
underway on the lot at the northeast corner of Harlem and Golf, as there had been a gas station
located in this area. Because Kraft is conducting additional investigation /remediation of that
corner parcel, they are keeping that lot as a separate parcel through this requested Plat of
Subdivision.
Mr. Berlinghof noted that in addition to the waivers to some of submittal requirements, the
application also includes a request for an extension of the recording date. Although Kraft believes
they will be able to vacate the site in November or December, Hamilton Partners is requesting the
date for recording the subdivision be extended to March 2014 to allow for any delays associated
with their move.
Commission Questions /Discussions To /With the Applicants
Chairman Farkas asked for questions from the Commissioners.
Commissioner
Gabriel asked
for clarification on the
use of the
four lots in the
proposed
subdivision. Mr. Berlinghof
explained ITW had not
made any
determinations yet
for their
properties, but
two eastern most lots are to be sold off
to McGrath
for development of
the auto
dealerships. Commissioner Gabriel asked for additional clarification on the configuration of lots 1
and 4. Mr. Berlinghof state that the reason the subdivision is proposed that way is ITW wanted
to keep the former gas station site separate, as that is the area where additional environmental
work is being done.
Commissioner Blonz asked whether the existing stop light on Golf Road would remain. Mr.
Berlinghof said it will remain unchanged and will be used as an accessway.
Commissioner Blonz asked Ms. Radzevich to explain the sections of the code for which waivers
were being sought. Ms. Radzevich responded that the waivers being requested are for submittal
requirements that are associated with development proposals and /or specifically for multi -lot
residential subdivisions and for the extension of time for recording the plats. As this application is
solely for the approval of Preliminary and Final Plats of Subdivision and does not include a defined
development proposal at this time, staff believes the requested waivers are appropriate for this
application.
Chairperson Farkas asked what the difference is between a preliminary and final plat of survey.
Ms. Radzevich responded that, typically, a Preliminary Plat would be filed with an initial
development proposal for a residential or more complex commercial development, and the final
Plat would be filed once final designs are completed are may include more details related to the
development. In this case it is straightforward subdivision of land — without an associated
development proposal —and as such both plats can be reviewed and approved concurrently. Mr.
Berlinghof added the Final Plat is needed for their closing, which is why both were filed together.
Chairperson Farkas
asked for comments
from
any interested parties. There was no one from the
public who wanted
to be heard regarding
this
petition.
Chairperson Farkas asked if there was any further discussion from the Commissioners. There was
none.
Chairperson Farkas asked if there was a motion to recommend approval of Plan Commission case
PC13 -05.
Commissioner Shimanski moved to recommend approval of PC13 -05, request for approval of
Preliminary and Final Plats of Subdivision and relief from specific submittal requirements in Section
12 -8, per the submitted application, for the 15.96 + /- acre parcel located north of Golf Road
between Harlem Avenue and Waukegan Road, commonly known as 7000, 7040, 7100, and 7152
Golf Road, with the following condition:
1. The Plats shall be updated, as necessary, based on the Plan Review Departmental
Comment memorandum from the Village Engineer, dated 6/3/13, prior to the Plats
being presented to the Board of Trustees for approval.
Commissioner Witko seconded the motion.
The motion passed unanimously (Yes 7; No 0; Absent 0).
EXHIBIT "B"
LEGAL DESCRIPTION FOR
7000, 7040, 7100, and 7152 GOLF ROAD
PARCEL2
LOT Is 2 AND 3 (EXCEPT THAT PART TAKEN FOR PUBLIC ROAD PURPOSES IN
REGISTERED AS DOCUMENT NO 2823346) MCINTOSH & PRASSAS SHOPPING
CENTER, BEING A SUBDIVISION IN THE SOUTHWEST QUARTER OF SECTION 71
TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF REGISTERED IN THE OFFICE OF THE
REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS ON MAY 23, 1955 AS
DOCUMENT NO. 1596298.
ALSO:
THE SOUTH 200 FEET OF THE WEST 250 FEET OF THE FOLLOWING DESCRIBED
TRACT A TRACT OF LAND IN THE SOUTHWEST QUARTER OF SECTION 7,
TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS BEGINNING AT A POINT IN A LINE 50 FEET EAST OF THE
WEST LINE OF SAID QUARTER SECTION BEING 21.25 FEET NORTH OF THE SOUTH
LINE THEREOF, THENCE NORTH ALONG SAID LINE 250 FEET, THENCE EAST 250
FEET TO A POINT JUST 250 FEET NORTH OF GOLF ROAD AS DEDICATED AND
RECORDED IN BOOK 565 OF PLATS PAGES 40 TO 45; THENCE SOUTH ALONG THE
LINE PARALLEL WITH THE WEST LINE OF SAID QUARTER SECTION 250 FEET TO
THE NORTH LINE OF GOLF ROAD AFORESAID; THENCE WEST ALONG SAID LINE
189.74 FEET; THENCE NORTHWESTERLY 60.36 FEET TO THE PINT OF BEGINNING
(EXCEPT THAT PART TAKEN FOR PUBLIC ROAD PURPOSES), IN COOK COUNTY,
ILLINOIS,
ALSO:
THE SOUTH 200 FEET OF THE EAST 250 FEET OF THE FOLLOWING DESCRIBED
TRACT THE EAST 350 FEET OF THE SOUTH 350 FEET OF THAT PART LYING WEST
OF THE WEST LINE OF WAUKEGAN ROAD AND NORTH OF THE NORTH LINE OF
GOLF ROAD (EXCEPT THAT PART IN THE SOUTHEAST CORNER OF SAID TRACT
LYING SOUTHEASTERLY OF A CURVED LINE, CONVEX TO THE SOUTHEAST
RADIUS 25 FEET AND TANGENT TO THE WEST LINE OF WAUK80AN ROAD AND
THE NORTH LINE OF GOLF ROAD) OF THE SOUTHWEST QUARTER OF SECTION 70
Exhibit A -I
TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN
(EXCEPT THAT PART TAKEN FOR PUBLIC ROAD PURPOSES), IN COOK COUNTY,
ILLINOIS. .-
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Legislative Summary
Ordinance 13 -12
GRANTING A SPECIAL USE PERMIT USE FOR RECREATION CENTERS
AND ON -SITE PARKING TO ALLOW FOR THE RECONSTRUCTION AND ALTERATION
OF AN EXISTING POOL AND BATHHOUSE AND ASSOCIATED PARKING FACILITIES
Introduced
Synopsis:
Purpose:
Background:
Programs, Departs
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Admin Recommend:
Second Reading:
Special Consider or
Requirements:
AT 9201 ORIOLE, MORTON GROVE, ILLINOIS
July 8, 2013
This ordinance will authorize a special use permit for a recreation center and associated on -site
parking which will allow for the reconstruction and alteration of an existing pool, bathhouse, and
associated parking facilities at 9201 Oriole, commonly known as Oriole Pool.
The Park
District
intends to
reconstruct the Oriole pool,
bathhouse, and
parking area. Since the
property
is zoned
in the RI
zoning district, a special use
is required.
The Park District has applied for a special use permit to reconstruct Oriole pool, bathhouse,
and parking area. The Park District, also applied through ZBA 13 -03 for variations from the
front yard setback requirement for the reconstructed bathhouse to allow the reconstructed
bathhouse to be located approximately 10 feet from the front property line, which is an
improvement over the existing 8+/- ft. front yard setback on the existing bathhouse. The
reconstruction will not increase the capacity or intensification of the use of this public
facility. The facility is a public neighborhood park and pool facility that serves the surrounding
residential neighborhood and for years without adversely impacting the surrounding residential
neighborhood. The Appearance Commission has already approved the building design and
landscaping plan for this project. The Zoning Board approved the requested variations and the
Plan Commission, after a public hearing on June 17, 2013 recommended the approval of the
special use permit.
Administration, Community and Economic Development, and Legal Departments
N/A
N/A
The Village Administrator, Director of Community and Economic Development, along with
Corporation Counsel will monitor the progress of this project.
Approval as presented
July 30, 2013
The Park District has respectfully requested this Ordinance be passed on a first read as noted in
the attached letter which has been made a part of this Ordinance dated July 2, 2013,
C
Respectfully submitted: Reviewed by:_
Waggem istator R an Teresa Hoffman
Prepared by: I it 01
Nancy _ zevic oam nity and Economic Development Director
Counsel
ORDINANCE 13 -12
AN ORDINANCE GRANTING A SPECIAL USE PERMIT
USE FOR RECREATION CENTERS AND ON -SITE PARKING
TO ALLOW FOR THE RECONSTRUCTION AND ALTERATION
OF AN EXISTING POOL AND BATHHOUSE AND ASSOCIATED PARKING FACILITIES
AT 9201 ORIOLE MORTON GROVE, ILLINOIS
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of
Illinois, can exercise any power and perform any function pertaining to its government affairs,
including but not limited to the power to tax and incur debt; and
WHEREAS, the applicant, Morton Grove Park District, 6834 W. Dempster, Morton Grove, IL
60053 has made a proper application to the Plan Commission in the Village of Morton Grove under
case number PC 13-06 requesting the approval of a special use permit for a recreation center and
associated on -site parking to allow for the reconstruction and alteration of an existing pool and
bathhouse and associated parking facilities at 9201 Oriole Morton Grove, Illinois; and
WHEREAS, the property is located in the R -1 Single- Family Residence District; and
WHEREAS, Section 12- 4 -2:C. of the Village ofMorton Grove Unified Development Code
allows for special use permits for recreations centers; and
WHEREAS, Section 12- 7 -3:13. of the Village of Morton Grove Unified Development Code
allows the final parking required for a special use to be decided by the village board, through the
recommendation of the plan commission; and
WHEREAS, the application is for the reconstruction and alteration of the existing pool and
bathhouse facilities with no increase in bathing load capacity nor an intensification of use_ and
WHEREAS, the Morton Grove Park District applied for and was granted an associated
variation, through ZBA13 -03, from the front yard setback requirement for the reconstructed bathhouse
to allow for the reconstructed bathhouse to be located approximately 10 feet from the front property
line, which is an improvement over the existing 8 +/- ff. front yard setback on the existing bathhouse;
and
WHEREAS, the Morton Grove Park District applied for and was granted an appearance
certificate through the appearance commission for the building design and landscaping plan; and
WHEREAS, the recreation center use and associated on -site parking facility has existed in this
location for years without adversely impacting the surrounding residential neighborhood; and
WHEREAS, Oriole Park is a public neighborhood park and pool facility that serves the
surrounding residential neighborhood and;
WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public notice
duly published in the Pioneer Press, a newspaper of general circulation in the Village of Morton Grove
which publication took place on May 23, 2013, and pursuant to the posting of a sign on the property
and written notification sent to property owners within 250 feet of the subject property as required by
ordinance, the Morton Grove Plan Commission held a public hearing relative to the above referenced
case on June 17, 2013, at which time all concerned parties were given the opportunity to be present and
express their views for the consideration of the Plan Commission, and as result of said hearing, the
Plan Commission made certain recommendations and conditions through a report July 2, 2013, a copy
of which is attached hereto and made a part hereof and marked as Exhibit "A", and
WIIEREAS, the Corporate Authorities have considered this matter at a Public Meeting and find
pursuant to the relevant provisions of the Village of Morton Grove Unified Development Code, the
proposed Special Use is so designed, located, and proposed to be operated, the public health, safety and
welfare will be protected and will not cause substantial injury to the value of the other properties in the
neighborhood in which it is located; and
WHEREAS, pursuant to the provisions of the Village of Morton Grove Municipal Code, the
Corporate Authorities have determined the Special Use, as approved by the Plan Commission, shall be
issued subject to the conditions and restrictions as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses
into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth:
SECTION 2: The property located at 9201 Oriole, Morton Grove, Illinois 60053, is hereby
granted a special use permit for a recreation center and associated on -site parking to allow for the
reconstruction and alteration of an existing pool and bathhouse and associated parking facilities at that
address subject to the following conditions and restrictions which shall be binding on the
owners /lessees, occupants and users of this property, their successors and assigns for the duration of
the special use:
The pool and bathhouse shall be constructed in substantial accordance with, and the Building
Commissioner may approve minor revisions to, the following plans submitted with this special
permit applications, dated 5- 17 -13, unless otherwise noted:
A. Drawing Number 7007T0, "Plat of Topography — Oriole Park Topographic Survey"
prepared by DLZ Industrial Surveying, Inc., dated 4/1/13
B. Sheet C -1.0, "Site Demolition Plan," prepared by Williams Architects and W -T Civil
Engineering, LLC.;
C. Sheet C -2.0, "Site Development Plan," prepared by Williams Architects and W -T Civil
Engineering, LLC.;
D. Sheet C -3.0, "Site Geometric Plan," prepared by Williams Architects and W -T Civil
Engineering, LLC.;
E. Sheet C -4.0, "Site Grading Plan," prepared by Williams Architects and W -T Civil
Engineering, LLC.;
F. Sheet C -5.0, "Site Utility Plan," prepared by Williams Architects and W -T Civil
Engineering, LLC.;
G. Sheet CIR -1.0, "Passenger Vehicle Circulation Plan," prepared by Williams Architects
and W -T Civil Engineering, LLC.;
H. Sheet CIR -2.0, "Passenger Vehicle Circulation Plan," prepared by Williams Architects
and W -T Civil Engineering, LLC.;
I. Sheet EX -1.0, "Existing Pervious /Impervious Exhibit," prepared by Williams
Architects and W -T Civil Engineering, LLC.;
J. Sheet EX -2.0, "Proposed Pervious /Impervious Exhibit," prepared by Williams
Architects and W -T Civil Engineering, LLC.;
K. Sheet LI, "Landscape Plan," by Williams Architects and Brusseau Design Group, LLC,
dated 5/17/13;
L. Sheet AS 1.1 "Overall Site Plan," prepared by Williams Architects; dated May 30,
2013;
M. Sheet AS 1.2, "Enlarged Site Plan," prepared by Williams Architects;
N. Sheet A4.1, "Building Elevations," prepared by Williams Architects;
0. Sheet SPH1.1, "Site Photometric Plan," prepared by Williams Architects, undated;
2. The Park District shall submit updated plans acceptable to the Village Engineer and consistent
with with the Village Engineer's Plan Review Departmental Comment memorandum, dated
613113, prior to the issuance of any building permits.
3. The elevations and landscaping should be constructed consistent with the plans and material
samples and building material color palette presented to and recommended for approval by the
Appearance Commission at their .Tune 3, 2013 meeting, and referenced in Condition l., above;
4. Should the Building Commissioner determine that the proposed detention area poses a safety
risk resulting from regular retention of significant standing water, the Park District shall apply
for and construct a fence to secure that area from patrons of the park. Such fence shall comply
with the Municipal code requirements in terms of location and size, or the Park District shall
seek any necessary waivers to the code to ensure that the detention pond is fully enclosed.
SECTION 3: The owners, lessees, occupants, and users of 9201 Oriole, their successors and
assigns allow employees and authorized agents of the Village of Morton Grove access to the premise at
all reasonable times for the purpose of inspecting said premise to verify all terms and conditions of this
special use permit have been met.
SECTION 4: The special use permit is granted so long as the owner, occupant and users of this
property utilize the area for the purposes as herein designated.
SECTION 5: The Village Clerk is hereby authorized and directed to amend all pertinent records
of the Village of Morton Grove to show and designate the special use as granted and amended hereunder.
SECTION 6: The applicant/owner shall comply with all requirements of the Village of Morton
Grove Ordinances and Codes that are applicable.
SECTION 7: This Ordinance shall be in full force and effect from and after its passage, approval
and publication in pamphlet form according to law.
PASSED this 30th day of July 2013.
Trustee
DiMaria
Trustee
Kalogerakos
Trustee
Marcus
Trustee
Pictron
Trustee
Thill
Trustee
Toth
APPROVED by me this 30th day of July 2013.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
This 30th day of July 2013.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
EXHIBIT "A"
µ village of Morton Grove
Department of Community Development
To: Village President and Board of Trustees
ZcD From: Ron ald L. Farkas, Chairman, Plan Commission Nancy M, Radzevich, AICP, Community and Econorvelopment Director
Date: July 2, 2013
Re: Plan Commission Case PC13 -06 — Morton Grove Park District requesting a
Special Use for a recreational use and associated parking in accordance with
Sections 12 -4 and 12 -7 of the Morton Grove Unified Development Code to
allow for the reconstruction and alteration of an existing pool and bathhouse
and associated parking facilities at 9201 Oriole
Commission Report
Public Hearing Notice and Application
Public Notice was provided for the public hearing for PC13 -06 in accordance with applicable
requirements. A public notice was published (Pioneer Press) on May 23, 2013, letters were sent to
surrounding property owners and a public notice sign was placed on the subject property on May
31, 2013.
On June 17, 2013, a public hearing was conducted by the Morton Grove Plan Commission for
PC13 -06, a request for a special use permit in accordance with Sections 12 -4 and 12 -7 of the
Morton Grove Unified Development Code for a recreational use to allow for the reconstruction and
alteration of an existing pool and bathhouse and for the associated parking facilities at 9201
Oriole. The application was filed by the Morton Grove Park District.
Public Hearing — Staff Overview
Nancy Radzevich presented the case on behalf of the Village. As noted in the staff report, the
2.23 + /- acre parcel is located at the northeast corner of Church
Street and Oriole Avenue and is zoned R -1 Single - Family Residence District. The property is
improved with an existing pool and bathhouse; tennis, basketball and sand volleyball courts; a
playground; and parking facilities. The existing structures are over 40 years old, currently do not
comply with ADA requirements, and are generally outdated. As such, the Park District is seeking
to reconstruct /alter the pool, bathhouse, surrounding grounds and associated parking facilities.
Ms. Radzevich noted the Special Use application was filed concurrent with a Variation Application,
ZBA13 -03, for a 14.92 ft. waiver to the required front yard setback for the bathhouse structure,
which had been heard and approved by the ZBA earlier the same evening. Although this use has
existed for decades, the current Municipal Code requires a special use permit for recreational uses
in residential zoning districts. The Morton Grove Park District has filed this application to seek
approval of the reconstruction and alternation of the existing pool and bathhouse and approval of
the number of parking spaces on -site, in accordance with Sections 12 -4 and 12 -7 of the Municipal
Code. The current pool and bathhouse are outdated and are not ADA compliant; the new pool and
bathhouse facilities, increased landscaping and addition of another ADA compliant parking stall will
all be improvements to the site. Ms. Radzevich noted the new bathhouse will be brought up to
current codes and will include a new community room for parties, meetings, etc.
Public Hearing — Applicant Presentation
The Chairman asked who would be speaking on behalf of the Park District and the following were
sworn in:
• Steve Mihelich, project architect from Williams Architects;
• Joseph Brusseau, Brusseau Design Group (landscaping);
• Jason Green, project engineer from W -T Engineering, LLC;
• Tracy Anderson, Executive Director, Morton Grove Park District; and
• Greg Jayne, Superintendent of Parks and Facilities, Morton Grove Park District.
Steve Mihelich reviewed the proposed plans and described the changes to the pool and bathhouse
and slight modification to the parking facility to eliminate one standard stall in order to create an
additional ADA compliant stall as required by code and to add a turn - around for emergency
vehicles, as requested by the Fire Department. He explained the existing 50M lap pool, deep well
and shallow kiddy pool would be replaced with a new activity pool and a 25 yard by 8 lane lap
pool with deep well for diving boards /slides. The existing 4720 square foot bathhouse structure
will be replaced with a modern 6951 sq. ft. bathhouse, which will include a multi-
purpose /community room and outdoor concession deck area. The bathing load, as determined by
the Illinois Department of Public Health, will remain unchanged at 500 maximum bathers.
Mr. Mihelich gave an overview of the interior of the bathhouse and the building materials. He
noted the proposed use of fabric structures throughout the pool area to provide shade and add
color to the site. The pool is proposed to be fenced for safety. The design of the pools and the
associated depths conform to the Illinois Department of Public Health Beach and Bathing Code.
Joseph Brusseau gave an overview of the landscape plan. New shade trees will be used on the
pool deck. Perennials and shrubs are also proposed to soften the appearance of the building.
Landscaping with low level plants and high level plants are being proposed in certain areas as way
to separate the two pools.
Commissioner Gabriel asked about the landscaping at the proposed storm water detention area.
Mr. Brusseau stated that the current plan is for a blue grass turf surface in that area.
Jason Green, the project engineer, provided more information on the detention area. The
submitted plans show that the project will result in a reduction in the amount of impervious
surface area. He stated the detention area is currently designed to be a 3 ft. maximum depth and
would predominately remain dry. Only after a significant rain event could it fill up to a 3 ft. level.
However, based on the report from the Metropolitan Water Reclamation District, he believes the
detention area could be reduced or possibly eliminated altogether. He noted his firm is currently
working with the Village Engineer on the Village's storm water requirements and are hopeful the
depth of the proposed detention area will be reduced, if not eliminated altogether.
Commissioner Gabriel stated that the detention area is outside of the fenced area and could be a
safety problem year round, especially when the pool is not open or staffed. Children could play in
it and perhaps an accident could occur. He asked how long it would take to clear, once filled with
water and whether they considered putting the detention underground with a grassy area on top.
Mr. Green stated it would take anywhere from 12 -24 hours for the water to clear, if it were to fill
up. He stated that they had not considered underground detention.
Greg Jayne, Superintendent of the Morton Grove Park District, stated that safety is their number
one concern. If there is a depth of water in this detention area then they would barricade it in
some way to deter children from entering.
Commissioner Shimanski asked Mr. Green what type of storm would need to occur for this
detention area to fill up. Mr. Green stated that the detention area is designed for a 100 year
storm. Shimanski asked how deep it would be after a 20 year storm event. Mr. Green responded
it would likely fill about one (1) ft.
Commissioner Gabriel asked if landscaping around the pools would interfere with possible swim
meets. Mr. Mihelich stated that the area immediately around the pool does not include
landscaping, but instead is open for staging of competitors and patrons. Gabriel asked if the pool
is also ADA compliant. Mr. Mihelich said yes.
Commissioner Gabriel asked if any improvements to the existing parking area were proposed. He
stated that the driveway is too steep and cars scrape their bumpers. Mr. Mihelich stated no
changes to the parking lot were proposed, other than some restriping and the addition of the
turnaround area for the Fire Department.
Commissioner Gabriel asked if repairs are going to be done to the parking lot, post- construction.
Mr. Mihelich stated that the asphalt will be repaired and seal coated after the project is completed.
Chairperson Farkas asked about an area of the pool that appears different from the plans in their
packets. Mr. Mihelich said the design of diving board area had changed slightly after the
application had been filed. He noted that he had discussed the slight change with Ms. Radzevich.
Ms. Radzevich stated since the overall boundary of the pool structure and actual location of the
pool itself had not changed, Ms. Radzevich did not feel it was necessary for them to resubmit 30
sets of the plans, because the new design was consistent with plans originally filed and do not
affect the approvals being sought through the Special Uses permit. Chairperson Farkas asked if
there were any other modifications that were not included in the packets. Ms. Radzevich stated
there were no others.
Commissioner Shimanski asked if the overall site plan that Mr. Mihelich used in his presentation,
Sheet AS1.1, had been filed with the application because it was not in his packet. Ms. Radzevich
stated this drawing was not part of the application packet. Commissioner Shimanski stated he
would like this drawing included in the plan reference list because it is shows the overall site and
all of the parking facilities. Mr. Mihelich indicated he would submit all necessary copies of Sheet
AS1.1 and Ms. Radzevich stated that drawing should be incorporated into the plan reference list.
Commissioner Shimanski
asked
if a traffic study
was
done on for
this project.
The submitted
documents indicated that
there
should be 92 stalls
for
this project.
Ms. Radzevich
stated the Park
District and their consultant team provided a supplemental memorandum attached to the staff
report, which covers the parking demand. As this proposal does not include an expansion of the
existing use and is instead a reconstruction of existing facilities staff determined that having actual
data on the pool usage and parking demand was more important. Further, Ms. Radzevich
explained that in accordance with Section 12- 7 -3:B. of the Municipal Code, for a Special Use
application, the parking standards included in the code are only advisory to the Commission, who
approve the number of parking spaces on site. She further explained the because the use was
not being expanded, has existed in its current configuration for decades, and because the Park
District expects the same parking demand to remain consistent after the project, staff did not
believe a formal parking study would be required. Instead she requested a summary and analysis
of the overall usage, the peak hour demand, and the methods by which the patrons arrive to site.
Tracy Anderson, Executive Director for the Morton Grove Park District, explained their parking
data/ analysis. She stated that this is a neighborhood pool, so many of the patrons, particularly
the children, walk or bike to the pool, are dropped off, or arrive via carpools. Although the bather
load is 500, the peak time usage of the pool is 150 bathers, which typically occurs in late
afternoon. When there are swim meets, the buses drop the participants off and the buses park at
a neighborhood school.
Ms. Radzevich stated that after the packets had gone out, she received a sign memorandum from
the chairman from the Traffic and Safety Commission. He had no comments on the application. A
copy of this will be given to the commissioners for their records.
Chairperson Farkas asked Ms. Anderson about the parking usage on each of the lots on site. Ms.
Anderson stated that most of the traffic occurs through the Oriole entrance. The parking area
located on the east side of the site is hardly used.
Commissioner Blonz stated, based on the sketch submitted with the supplemental parking
memorandum, it appears that overflow parking occurs on adjacent streets, in front of the
neighbors' houses? Tracy Anderson stated, yes, at the peak time, there are some people who park
on the adjacent streets.
Ms. Radzevich advised the Commission that she had spoken to the Village Engineer and he had
indicated that he was not aware of any complaints having been filed with him or the Traffic Safety
Commission regarding on- street parking related to the pool use.
Commissioner Blonz asked if they had considered adding parking spaces to the site. Mr. Mihelich
stated the budget for this project was limited and expansion of the parking facilities was not part
of the scope. Commissioner Gabriel asked if they had explored trying to accommodate overflow
parking in other areas adjacent to the site. Commissioner Blonz asked Ms. Anderson if they could
better inform patron of the parking area on the east side of the site versus having them park on
the adjacent streets. Ms. Anderson stated they would increase education on other available
parking options when the west lot is filled.
Chairman Farkas stated he was still a bit concerned about the lack of a parking study. Ms.
Radzevich explained that in this case a parking study did not seem appropriate because:
• the pool and bathhouse facilities, have existing for decades at this location in generally the
same configuration with the parking currently provided,
• the proposed reconstruction of the pool and bathhouse does not include an increase in the
intensity of the use nor increase in number of patrons, and
• the pool use itself is only a seasonal use — only active approximately 3 months per year.
Further, Ms. Radzevich stated that if a professional firm had been hired they likely would have
contacted the Park District and gathered the same data and provided the same analysis that the
Park District provided in their supplemental memorandum.
Commissioner Shimanski stated that he was comfortable the data presented in the reports and at
the meeting was sufficient to address his questions regarding the parking, and was satisfied that a
professional parking study would not be needed.
Chairperson Farkas asked for comments from any interested parties. Two residents asked to
speak. Both expressed concerns about the noise — specifically the loud music. Ms. Anderson
indicated that the project involves removing the current speakers, which are pole mounted, and
replacing them with ground level speakers. This will help keep the noise from traveling.
Chairperson Farkas asked if there was any further discussion from the Commissioners.
Commissioner Blonz stated he would support this, however, he wanted Ms. Anderson to keep a
watch on the parking situation and if they find there is too much overflow parking onto the
surrounding neighborhoods, they would like her to look at adding more onsite parking. Ms.
Anderson indicated she would do so.
Chairperson Farkas asked if there was a motion to recommend approval of Plan Commission case
PC13 -06.
Commissioner Shimanski recommended approval of PC13 -06, Morton Grove Park District
requesting a Special Use for a recreational use and associated parking in accordance with Sections
12 -4 and 12 -7 of the Morton Grove Unified Development Code to allow for the reconstruction and
alteration of an existing pool and bathhouse and associated parking facilities at 9201 Oriole, with
the following conditions:
1. The pool and bathhouse shall be constructed in accordance with the following plans
submitted with this special permit applications, dated 5- 17 -13, unless otherwise noted:
A. Drawing Number 7007T0, "Plat of Topography — Oriole Park Topographic Survey"
prepared by DLZ Industrial Surveying, Inc., dated 4/1/13
B. Sheet C -1.0, "Site Demolition Plan," prepared by Williams Architects and W -T Civil
Engineering, LLC.;
C. Sheet C -2.0, "Site Development Plan," prepared by Williams Architects and W -T Civil
Engineering, LLC.;
D. Sheet C -3.0, "Site Geometric Plan," prepared by Williams Architects and W -T Civil
Engineering, LLC.;
E. Sheet C -4.0, "Site Grading Plan," prepared by Williams Architects and W -T Civil
Engineering, LLC.;
F. Sheet C -5.0, "Site Utility Plan," prepared by Williams Architects and W -T Civil
Engineering, LLC.;
G. Sheet CIR -1.0, "Passenger Vehicle Circulation Plan," prepared by Williams Architects
and W -T Civil Engineering, LLC.;
H. Sheet CIR -2.0, "Passenger Vehicle Circulation Plan," prepared by Williams Architects
and W -T Civil Engineering, LLC.;
I. Sheet EX -1.0, "Existing Pervious /Impervious Exhibit," prepared by Williams Architects
and W -T Civil Engineering, LLC.;
J. Sheet EX -2.0, "Proposed Pervious /Impervious Exhibit," prepared by Williams Architects
and W -T Civil Engineering, LLC.;
K. Sheet Ll, "Landscape Plan," by Williams Architects and Brusseau Design Group, LLC,
dated 5/17/13;
L. Sheet AS1.1, "Overall Site Plan," prepared by Williams Architects; dated May 30, 2013;
M. Sheet AS1.2, "Enlarged Site Plan," prepared by Williams Architects;
N. Sheet A4.1, "Building Elevations," prepared by Williams Architects;
O. Sheet SPHIA, "Site Photometric Plan," prepared by Williams Architects, undated;
2. The Park District shall submit updated plans in accordance with the Village Engineer's Plan
Review Departmental Comment memorandum, dated 6/3/13, for review and approval prior
to the issuance of any building permits.
3. The elevations and landscaping should be constructed consistent with the plans and
material samples and building material color palette presented to and recommended for
approval by the Appearance Commission at their June 3, 2013 meeting, and referenced in
Condition 1., above;
4. Should the proposed detention area could result in life safety issues resulting from regular
retention of significant standing water, the Park District shall apply for and construct a
fence to secure that area from patrons of the park. Such fence shall comply with the
Municipal code requirements in terms of location and size, or the Park District shall seek
any necessary waivers to the code to ensure that the detention pond is fully enclosed.
Commissioner Dorgan seconded the motion.
The motion passed unanimously (Yes 7; No 0; Absent 0).
To: Dan DiMaria, President Village of Morton Grove
Trustee Bill Grear
Trustee Tony Kalogerakos
Trustee Sher Marcus
Trustee John Pietron
Trustee John C. Thill
Trustee Maria S. Toth
cc: Ryan Horne, Village Administrator
From: Tracey Anderson, Executive Directo
Morton Grove Park District
Date: July 2, 2013
Re: Waiver of the 2 "d Read
Dear President DiMaria and Board of Trustees,
As you are aware, the Morton Grove Park District is preparing for the construction of a
new pool at Oriole Park. The Park District along with the architectural firm of Williams
Architects, intends to present the Oriole Pool plans to the Village of Morton Grove on July
8`h. Our goal is to have this project completed and ready for the 2014 pool season.
As you can imagine the project of building a new pool is no small task; there are many
contractors, permits, inspections and phases to negotiate and complete. One of our most
important deadlines is the application and receipt of the permit from the Illinois
Department of Public Health. In order to apply for this permit we must comply with all
the IDPH guidelines which include the Village approval. This permit process typically
takes 10 to 12 weeks. Receiving this permit by mid September would allow the Park
District to begin construction in October and maintain its original project schedule.
The Appearance Commission and the Plan Commission have reviewed and approved the
Oriole Pool plans. At this time, the Morton Grove Park District and Williams Architects
respectfully request a waiver of the second read. If granted, Williams Architects will soon
be applying for all local permits including the Village of Morton Grove Building
Department.
If you have any further questions please contact me at: 847 - 965 -0383.
COMMITTED TO QUALITY PARK AND RECREATION SERVICES
Legislative Summar
L Ordinance 13 -08 --
AN ORDINANCE TO AMEND TITLE 51 CHAPTER 13, ARTICLE F,
SECTION I ENTITLED "NO PARKING STREETS"
OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE
Introduced: July 8, 2013
Synopsis: To amend the Municipal Code to add a new parking restriction on Nagle Avenue
and to codify existing signed parking restrictions.
Purpose: ( To create parking restrictions that will meet the current and future needs of the
businesses on Nagle Avenue.
Background: The Traffic Safety Commission (TSC) received a Request for Review to restrict
parking on Nagle Avenue opposite a driveway where Lifeway Foods, Inc. receives
its deliveries and ships its. products. Village staff researched the parking restrictions
and noticed there are signed parking restrictions that are not included in the
Municipal Code, so these parking restrictions are not legally enforceable. Four of
the five businesses (and the Public Works Department) have actively participated in
the development of this issue and have provided written support for the addition
parking restriction requested by Lifeway Foods. TSC recommended accepting the
request of Lifeway Foods. Village staff considers it to be important to codify the
signed parking restrictions to make the restrictions legally enforceable. An exhibit
titled "Recommended Parking Restrictions" is attached and graphically illustrates
the recommended parking restrictions.
Programs, Departments Public Works, Engineering Division
or Groups Affected
i
Fiscal Impact: $100
Source of Funds: General Fund 025017-563130.
Workload Impact: I The Public Works Department, Engineering Division, as part of their normal work
activities, performs the management and implementation of the program.
Administrator Approval as presented.
Recommendation:
Special Considerations or None
Requirements:
__
Respectfully submitted: � -�'-�� Reviewed by:
`Rya i .1. Horne, Village Administrator Teresa Floffman 1 isto brporation Counsel
Prepared by: __� _ Reviewed by:
Chris Tomich, Village Engineer dy DeMonte, Director of Public Works
AN ORDINANCE TO AMEND TITLE S, CHAPTER 13, ARTICLE F,
SECTION 1 ENTITLED 44NO PARKING STREETS"
OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of
Illinois, can exercise any power and perform any function pertaining to its government affairs,
including but not limited to the power to tax and incur debt; and
WHEREAS, the Village established the Traffic Safety Commission to receive, review, and
present recommendations to the President and Board of Trustees regarding requests or inquiries on
matters involving traffic safety, including requests for installation of traffic control devices; and
WHEREAS, the land use along Nagle Avenue south of Oakton Street is a general
manufacturing zoning district of the Village;
WHEREAS, on- street parking patterns create difficulty for Lifeway Foods, Inc. at 6431 Oakton
Street to access a loading area on their property; and
WHEREAS, the Traffic Safety Commission received a request from Lifeway Foods, Inc. to add
a parking restriction on the east side of Nagle Avenue across from the driveway leading to the loading
area of Lifeway Foods, Inc. located at the southwest corner of Nagle Avenue and Oakton Street; and
WHEREAS, Village staff identified, during the research of this request, existing signage on the
west side of Nagle Avenue restricting on- street parking that is not codified as a parking restriction in
the Municipal Code; and
WHEREAS, the Traffic Safety Commission, at its regularly scheduled meetings on May 2,
2013 and June 6, 2013, at the Richard T. Flickinger Municipal Center, considered the above referenced
request; and
WHEREAS, three other businesses abutting Nagle Avenue indicated their support for the
request from Lifeway Foods, Inc.; and
WHEREAS, Lifeway Foods, Inc. and the three other businesses abutting Nagle Avenue also
supported the recommendation from Village staff to codify the existing signed parking restrictions
along Nagle Avenue; and
WHEREAS, the Traffic Safety Commission recommended to prohibit parking on the east side
of Nagle Avenue between the north side of the truck dock at 7901 Nagle Avenue and the south side of
the parking lot entrance at 7901 Nagle Avenue; and
WHEREAS, the Traffic Safety Commission did not explicitly recommend codifying the signed
parking restrictions not codified in the Municipal Code; and
WIiEREAS, Village staff recommends codifying these signed parking restrictions.
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: T7ie Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance as though fully set forth therein thereby making the findings as hercinabove
set forth.
SECTION 2: Title 5, Chapter 13, Article F. Section I Entitled "No Parking Streets" of the
Municipal Code is hereby aanended to add the following restrictions:
5- 13F -1: NO PARKING STREET: There shall be no parking at any time on any of the
following. The Director of Public Works or his designee shall place "No Parking" signs
in or at suitable places within the no parking zones as herein established:
Street
Between
Side of Street
Nagle
Avenue
A point 140 feet north of the
East
centerline of Kirk Street and a
point 215 feet north of the
centerline of Kirk Street
Nagle
Avenue
Oakton Street to a point 285
East and west
feet south of the centerline of
Oakton Sheet
Nagle
Avenue
Kirk Street and a point 160
West
feet north of the centerline of
Kirk Street
SECTION 3: The Director of Public Works and /or his designee is hereby authorized and
directed to remove any conflicting signs and erect such signs as detailed in this Ordinance.
SECTION 4: This ordinance shall be communicated to residents adjacent to the parking
restrictions via a letter, which shall be received as evidence of the passage and legal publication of this
Ordinance.
SECTION 5: This ordinance shall be in full force and effect upon its approval and publication.
PASSED THIS 8`" day of July 2013
Trustee Grear
Trustee Kalogerakos
Trustee Marcus _
Trustee Pietron
Trustee Thill
Trustee Toth
APPROVED BY ME THIS 8t' day of July 2013
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 9 °i day of July 2013.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
M3,00 CO MapOfficew Recommended Parking Restrictions
i GI3': tiy._:: XICTFL
5 ;''Pi t
Legislative Summa
AN ORDINANCE TO AMEND TITLE 59 CHAPTER 13, ARTICLE F,
SECTION 4 ENTITLED "RESTRICTED PARKING STREETS"
OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE
Introduced:
Synopsis:
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
Special Considerations or
Requirements:
Respectfully submitted:
July 8, 2013
To amend the Municipal Code to eliminate a parking restriction on the 8800 and
8900 blocks of Sayre Avenue.
To eliminate a special permit parking restriction that residents of the 8800 block of
Sayre Avenue no longer desire.
The Traffic Safety Commission (TSC) received a Request for Review to eliminate a
special permit parking on the 8800 block of Sayre Avenue. Ordinance 02 -31
established the special permit parking zone on the 8800 and 8900 blocks of Sayre
Avenue at the request of residents in 2002. At that time, the retail market, Produce
World, was identified as being the principal contributor to business parking spilling
onto Sayre Avenue and reducing the number of available parking spaces for the
residents of the street. The petitioner asserted that Produce World is no longer there
and other adjacent businesses are no longer there, so the need for the permit parking
is no longer there. When there is future development at this corner, the Village will
require the development(s) to meet parking requirements in order to avoid adverse
affects to parking on Sayre Avenue. Village staff advises broadening consideration
of the need for special permit parking restrictions to include both the 8800 and 8900
blocks of Sayre Avenue that were created by Ordinance 02 -31. Village staff
supports the elimination of the special permit parking restriction. TSC
recommended rescinding the special permit parking restriction on the 8800 and
8900 blocks of Sayre Avenue.
Public Works, Engineering Division
No material cost for this work, but only staff time to remove signs.
General Fund 025017 - 563130
The Public Works Department, Engineering Division, as part of their normal work
activities, performs the management and implementation of the program.
Approval as presented.
None
Ryan J. Horne, Village Administrator
Prepared by: AirisTom <� - -�' Reviewed by:
Di-lc!hVi , llage Engineer
Rev;dvDeM
v' _
Toffman Liston, C.or oration Counsel
onte.. Directo r of Public Works
AN ORDINANCE TO AMEND TITLE 55 CHAPTER 13, ARTICLE F,
SECTION 4 ENTITLED "RESTRICTED PARKING STREETS"
OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of
Illinois, can exercise any power and perform any function pertaining to its government affairs,
including but not limited to the power to tax and incur debt; and
WHEREAS, the Village established the Traffic Safety Commission to receive, review, and
present recommendations to the President and Board of Trustees regarding requests or inquiries on
matters involving traffic safety, including requests for installation of traffic control devices; and
WHEREAS, the Traffic Safety Commission received a request to rescind special permit
parking restrictions on the 8800 block of Sayre Avenue; and
WHEREAS, the Traffic Safety Commission, at its regularly scheduled meeting June 6, 2013, at
the Richard T. Flickinger Municipal Center, considered the above referenced request; and
WHEREAS, Ordinance 02 -31 established a special permit parking zone on both sides of Sayre
Avenue from Dempster Street to a point 220 feet north of the centerline of Greenwood Avenue, which
encompasses the 8800 and 8900 blocks of Sayre Avenue; and
WHEREAS, the petitioning residents asserted the justification for the special permit parking
zone no longer exist and should not exist in the future, so the special permit parking restrictions should
no longer be necessary and is in and of itself a burden to residents frequently a number of guest's cars
that exceed the number of guest parking passes distributed by the Village; and
WHEREAS, the Traffic Safety Commission recommended to rescind the special permit
parking restriction on the 8800 and 8900 block of Sayre Avenue.
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 do hereby rescind the effect of Ordinance 02 -31.
SECTION 3:
Title 5,
Chapter
13,
Article F,
Section 4
Entitled "Restricted Parking Streets" of
the Municipal Code is
hereby
amended
to
delete the
following
restrictions:
5- 13F-4:
A
RESTRICTED PARKING STREET:
Special Permit Parking: There shall be no parking on the following streets between the hours
and on the days as indicated except for vehicles displaying a special permit or a special guest
pass so to do. The village administrator shall issue one such permit for each vehicle registered
to any resident of said streets upon showing proof of payment of the village license fees as
described in section 5 -3 -3 of this title. Each such permit shall be fixed firmly to the lower left
hand portion of the rear window of the vehicle for which it is issued at all times when such
vehicle is parked on said streets. Guest passes shall be limited to two (2) per household and
shall be issued only to residents on the restricted parking side of any village street listed in the
following schedule of restricted parking streets to be used for vehicles visiting the residents on
a temporary basis. The village administrator may issue parking permits to nearby residents
(within 500 feet of existing permit parking restrictions) based on a resident petition
demonstrating to the satisfaction of the village administrator, a need based on circumstances
caused by the permit parking restrictions. The village administrator may issue one such permit
for each vehicle registered to any resident who has petitioned and been approved, upon proof of
Payment of the village license fees as described in section 55- 1 -3 -3. of this title:
There shall be no parking on the following street(s) between the hours indicated, except for
vehicles displaying a zone 9 special parking permit or a zone 9 special parking pass, provided
no more than two (2) passes shall be issued to each household:
Street Between
Sayre Avenue From the centerline of
Dempster Street to a
point 220 feet north of
the centerline of
Greenwood Avenue
Side of Street Dav And Time
Both All days and at all times
SECTION 3: The Director of Public Works and/or his designee is hereby authorized and
directed to remove any conflicting signs and erect such signs as detailed in this Ordinance.
SECTION 4: This ordinance shall be communicated to residents adjacent to the parking
restrictions via a letter, which shall be received as evidence of the passage and legal publication of this
Ordinance.
SECTION 5: This ordinance shall be in full force and effect upon its approval and publication.
PASSED THIS 8 °i day of July 2013
Trustee Grear
Trustee
Kalogerakos
Trustee
Marcus
Trustee
Pietron
Trustee
Thill
Trustee
Toth
APPROVED BY ME THIS 8"' day of July 2013
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 9`' day of July 2013.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois