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HomeMy WebLinkAbout2013-11-11 Meeting Agenda{ VILLAGE OF MORTO N GROVE VILLAGE BOARD OF TRUSTEES REGULAR MEETLNG NOTICE/ GENTD A TO BE HELD AT THE RICHARD T. FLICKIl GER IMUNICIPAL CENTER Novembev" 23.2013 7:00 pni Call to Order _. Pledge of Aliegaance 3. Rolf Cali 4. A¢rprovac of iW iaaaates — `special Meeti ap o* tctober 2 ', 2C?1 Reauar Me°tin< of cto'ber 2v.. ?01: `. Special Reports a. Swearin n Ceremony For Nernr Foti . leant, Daniel V azrensford, by F e and '.?oiiat. Commission Cr <airnerson Nllikt Simians b. Plan Commission Case C 13 -0? to m ud ti: nif ed Deveionnlent Co e R ai offs r � Non - Residertial Uses in Rl. R2, and R3 R sia ntial L :sirnets to !7e presented blr Piaui Cornrmssiora Chairperson Ron Farkas c. Pian Commission Case PCI3 -'t 1 Requests Text Amendments to AIlow IVodin ations and .xceptions lo, Plarmed Unit Develorn ntis to 'oe nresent d by Man Commission Chaff u > >on Ron Farkas C';. Z Ubia:: Hearings Residents' Comments (agenda items on)y; &, President's Repo A z — Ad7vinistration. lvorthw¢st Ylunicinal Conference, Council of iviavors, Strategic PZan, C'onaprehensive Flan a. Iviavoral Update /Review Cierk's Report — Communui) Relations Commission Staff Reposes IZcizard T. Fiicxinger Municipal Center 6101 Capulina Avenue ® Morion Grove, IlIinois 6005 -2985 r°' Tel: (847) 965 -4200 Fax: (847) 965 -4162 %10 ' Recvd ed Paper a. Village Administrator 1) Miscellaneous Reports and Updates b. Corporation Counsel 11. Reports by Trustees a. Trustee Crear — Fire Department, Emergency Management Agency, RED Center, Fire and Police Commission, Police Department, Police Facility Committee, Chamber of Commerce ('!Trustee Witko) 1) Ordinance 13 -16 (Introduced October 28, 2013) (Second Reading) Amending Title 6, Chapter I and 3, and Adding Chapters 7 and 8 to the Municipal Code of the Village of Morton Grove Trustee Marcus — Advisorp Commission on Aging, Family and Senior Services Department, Finance Advisory Commission, Condominium Association (Trustee Toth) C. Trustee Pietron — Appearance Commission, Building Department, IT Communications, Community and Economic Development Department, Economic Development Commission (Trustee Thill) d. Trustee Thill -- Public Works Department, Solid Waste Agency ofNorthern Cook County. Traffic Safety Commission. Waukegan Road TIF, Lehigh/Ferris TIF, Dempster Street Corridor Plan (Trustee Pietron) 1) Resolution 13 -61 (Introduced November 11, 2013) Authorizing the Execution of an Agreement between the Village and the Illinois Department of Transportation (:DOT) for Traffic Signal Upgrades Trustee Toth — Finance Department, Capital Projects, Environmental Health, Natural Resource Commission (Trustee Marcus) 1) Ordinance 13 -18 (Introduced November 11, 2013) (First Reading) Adopting the Budgets for All Corporate Purposes of the Village and the Morton Grove Library, Cook County, Illinois for the Calendar Year Effective January 1, 2014, and ending December 31, 20 13) 2) Ordinance 13 -19 (Introduced November 11, 2013) (First Reading) Levying and Assessing Taxes for the V,iliage, Cook County, Illinois for Fiscal Year Beginning January 1,2014 and Ending December 31, 2013 £ Trustee Witko — Legal, Plan Commission /Zoning Board of Appeals, NIPSTA, Strategic Plan Committee (Trustee Crrear) 1) Ordinance 13 -17 (Introduced October 28, 2013) (Second Reading) Amending Title 1, Chapter 1 through I OM of the Municipal Code 2) Ordinance 13 -20 (-Introduced November 11, 2013) (First Reading) 'plan Commission Case PC13 -07 to Amend the Unified Development Code Regarding Non- Residential, Uses in RI R2. and R3 Residential Districts 3) Ordinance 13 -21 (Introduced November 11, 2013) (First Reading) Plan Commission Case PC 13 -11 Requests Text Amendments to Allow Modifications and Exceptions for Pianned Unit Developments 12, Other Business 13. Presentation of Warrants: ,51,027,666.14 14. Residents' Comments 15. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate 16. Adjournment - To ensure,full accessibility and equaiparocipation for all interested citizens, individuals with disabilities who plan to attend and who require certain accommodations in order to observe and/or participate in this meeting, or who have questions regarding the accessibility of these facilities, are requested to contact Susan or Marlene (8 4 7/4 7 0 -522 0) promptly to allow the Village to make reasonable accommodations. MINUTES OF THE OCTOBER 2E, 2013, SPECIAL MEETING OF THE BOARD OF TRUSTEES RICHARD T. FLICi{INGER 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 roil. In attendance were: Elected Officials: Mavor Daniel P. DiMa.ria, Trustees Bill Grear, Sheldon Marcus, John Pietron, John Thilt, Maria Toth, Janine Witko, and Cleric Ed Ramos Absent: None Village Staff: Village Administrator Ryan J. Horne, Corporation Counsel Teresa Hoffman Liston, and Community and Economic Development Director Nancy Radzevien Also Present: None Mayor DiMaria stated the topics of the meeting were to discuss pending litigation, personnel matters, labor negotiations, and real estate. These topics are appropriate for Executive Session. Trustee Marcus moved to adjourn to Executive Session to discuss pending litigation, personnel matters, labor negotiations, and real estate. The motion was seconded by 'Trustee Toth and approved unaminously pursuant to a roll call vote at 6:01 pm. At the close of the Executive Session, Trustee Toth moved to adjourn the Special Meeting. The motion was seconded by Trustee Marcus and approved unanimously pursuant to voice vote at 6:56 pro. Minutes by: Pd Ramos, Village Clerk Richard T. Flickinger Municipal Center 6101 Capulina Avenue Tel: ( 847) 965 -4100 Morton Grove, Illinois 60053 -2985 Fax: (847) 965 -4162 r:<, , <icdrnre CALL TO ORDER I & Village President Dan DiMaria called the meeting to order at 7:00 p.m. and welcomed all II. those in attendance this evening. He then led the assemblage in the Pledge of Allegiance and directed the Clerk to call the roll. III. Village Clerk Ed Ramos called the roll. Present were: Trustees Bill Grear, She[ Marcus, John Pietron, John Thill, Mara Toth and Janine Witko, IV, APPROVAL OF MINUTES a. Regarding the Minutes of the Special Meeting of October 7, 2013, Trustee Toth moved to accept the Minutes as presented. Trustee Grear seconded the motion. Motion passed unanimously via voice vote. Regarding the Minutes of the October 7, 2013 Regular Board Meeting, Trustee Toth moved, seconded by Trustee Grear, to accept the Minutes as presented. Trustee Thill asked that the b. Minutes be amended because, on page 7, it states that "Corporation Counsel Liston said that charitable poker games would be taxable," but Trustee Thill said that she further stated, "Because they are monitored by the State, they won't be taxable." Upon the vote, the motion passed unanimously via voice vote. V. SPECIAL REPORTS NONE VI. PUBLIC HEARINGS NONE VII. RESIDENTS' COMMENTS (Agenda Items Only) NONE . nnmuees�octoner�s,�ata$nara Vlll, PRESIDENT'S REPORT Commission Appointment Mayor DiMaria sought the Board's concurrence to appoint Chris Kintner to the Economic Development Commission. Trustee Pletron so moved, seconded by Trustee Toth. Motion passed unanimously via voice vote. 2. Proclamation: Filipino American History Month a. Mayor DiMana proclaimed the month of October 2013 as "Filipino American History Month" in Morton Grove. He noted that the Filipino American community is the second largest Asian American group in the United States, with a population estimated to be close to four million. He said that this is an opportunity for all the residents of Morton Grove to learn more about Filipino Americans and their historic contributions to the growth and development of the Village and the country. b. Filipino Counsel General Leo Herrera -Lim was in attendance with many of the members of the Fil -Am organization. He said that he was deeply humbled to receive this gesture of friendship from the Village and the mayor. He told Mayor DiMaria that this outreach has "made history" in the Filipino community. Mayor DiMare thanked Village Clerk Ramos for bringing Filipino American History Month to his attention. 3. Mayoral Update a, Mayor DiMaria said he had met with developers to showcase the Prairie View Shopping Center, now that the village has received official notice that Dominicks will be leaving that center. b. Mayor DiMaria said that the Student Government Day was quite successful. Planned by Trustee Toth and Administrative Intern Laura Lake, we had 18 students attend. Mayor DiMana thanked the banners as well as Trustees Thill, Marcus, and Witko for attending. c. Mayor DiMaria noted that he had attended lobbyist training to prepare him to meet with legislators in Springfield two to three times annually, representing the Northwest Municipal Conference (NWMC) as well as the Village. d. Mayor DiMaria said he and Trustee Grear had attended a "Grand Re- Opening" of Kappy's. He encouraged everyone to visit this newly renovated restaurant. e. Mayor DiMaria noted that there have been several developers expressing an interest in Site "J" (the former Maxwell's site). He felt that good things are coming for Morton Grove' f. Mayor DiMaria said he had attended the NWMC's Legislative Committee meeting, noting that pension reform is an issue that has once again been postponed for discussion or action. ` rMwtesailDetobe�28 „zo7oarslfiGe -...::. VIII. PRESIDENT'S REPORT (continued) g. Mayor DiMaria said he attended the Grand Opening of the Niles North Aquatic Center with Trustees Witko and Marcus. This ordinance is scheduled for a first reading this evening. h. Mayor DiMaria also attended the Grand Opening of the Niles West Observatory, which was fabulous. For those unaware, long -time Morton Grove resident John Slater made a sizable donation to the completion of this Observatory. Mayor DiMaria wanted to publicly recognize Mr. Slater for doing this. Mayor DiMaria attended the Cook County CMAP meeting. This involves county planning through the year 2040, focusing on future transportation needs and the funding that would be required to meet those needs. Mayor DiMaria recognized Burt Katz from Burt's Place attending this evening. Burt's has been closed while Burt recovers from an illness, but he said he hoped to be open next month. He also recognized former Trustees Rita Minx and Don Sneider in attendance this evening, as well as former Clerk and Trustee Tony Kaiogerakos, noting it was great to see them. k. Mayor DiMare announced that there will be a Strategic Plan meeting on October 30 at 8:00 a.m. at 8300 Lehigh for business and commercial property owners to provide their input into the new Strategic Plan for Morton Grove. He hoped all business and commercial property owners would attend. Also on October 30, at 7:00 p.m. at the Civic Center, there will be an opportunity for all residents to provide their input and feedback on the Strategic Plan. Mayor DiMana said that work is being done on a Strategic Plan website, which will 'hopefully be "live” in the next week or so. Once it is, people will be able to get to it via a link on the Village's website. IX. CLERK'S REPORT On behalf of the Filipino community represented tonight and throughout the Village, Clerk Ed Ramos thanked the Board for the Filipino American History Month proclamation. X. STAFF REPORTS A. Villaoe Administrator: a. Village Administrator Ryan Horne provided a high -level overview of Ordinance 13 -17, which amends Title 1, Chapters 1 through 10M (the administrative chapters) of the Village's Municipal Code. This ordinance is scheduled for a first reading this evening. Mr. Horne said that staff has been working on the process of revising the Administrative chapters of the Municipal Code for quite some time. The purpose of the reorganization and rewriting of these chapters is to help residents and interested parties find the information/ requirements they need, to update the Village's purchasing requirements; to modernize the powers and authorities of the Village's senior staff (Department Directors); to streamline and unify the process for reporting and collecting Village taxes; and to compile all Village taxes under the same Title of the code. - 'AA�iutes��,laWb4r�3,�D] '"ciard�l'eeti' "` X. STAFF REPORTS (continued) Mr. Horne continued, noting that the goals of the reorganization and rewriting of these chapters were to drive people to the Internet; to streamline the code and remove all the redundancies; to reflect current State statutes (with references to the current statute), and to not "recreate" anything, but rather, borrow from others (other municipalities). Mr. Horne outlined some of the more significant changes: ® The Agenda will now allow the Board to begin the meeting at 6:00 p.m. This will allow the Board to meet for Executive Sessions prior to the 7:00 p.m. meeting when all the regular business of the Board occurs. • The section about appointing a Trustee to fill a vacancy has been clarified to conform with new State statutes. • The Village Administrator now has the authority to maintain a Personnel Policy Manual setting forth personnel procedures, policies, and the rights and obligations of employees. The current code sections on personnel were outdated, not in conformance with certain State and Federal laws, and in some cases, contradlctec the Village's current Personnel Poiicy Manual. • The chapter on Department Directors has been restructured to set forth the appointment and authorities of the Department Directors. Previously, each Director's appointment and powers were addressed in separate Articles, which were at times inconsistent. Also, the residency requirement for Department Directors was eliminated so long as the Village Administrator lives within fifteen miles of the Village, • The position of director of Family & Senior Services was eliminated. • The Village Administrator may now delegate or distribute a Department Director's duties and authorities in the event a Department Director is absent or unable to continue his /her duties. • The Village's purchasing authorization chapter was updated and reorganized to be consistent with State statutes. Board authorization will be required for purchases in excess of $20,000 (previously purchases over $10,000 required Board approval). • The Conflict of Interest chapter was updated to prohibit employees from directly or indirectly participating in a purchase or bidding process if he /she or a member of his /her immediate family stands to obtain a financial benefit from the bidding process. • The exceptions to the Village's bidding process have been clarified and the definition of "sole source vendor" has been updated. • A new section was added to codify the Village's past practice for the sale of surplus property and to establish processes for the purchase or sale of real estate, • A section was added outlining a "Bid Protest Procedure ". It also covers "lowest local bidders." • The Tax Chapter was rewritten to implement a uniform system of procedures for the reporting and collection of village taxes, and to update the section on taxpayer rights and responsibilities. All locally imposed and administered taxes are now centrally located in this Chapter. ® The Municipal Electric Tax was updated to calculate the tax based on the current State statute. This modification will result in increased revenue to the Village while having little impact on local residents and businesses. K STAFF REPORTS (continued) B. Cornoration Counsel: Corporation Counsel Liston had no report. XI. TRUSTEES' REPORTS A. Trustee Grear: Trustee Greer presented for a first reading Ordinance 13 -16, Amending Title 6, Chapter 1 and 3, and Adding Chapters 7 and 8 to the Municipal Code of the Village of Morton Grove. a. He explained that Village staff constantly reviews the Village Code and makes certain recommendations to update provisions in order to keep the Code compliant with contemporary statutes and relevant to the current operations and requirements within the village. b, Title 6 of the Code contains Police Department regulations. This ordinance will incorporate staff recommendations to update Chapters 1 and 3 and to add new Chapters 7 and 8. The updates to Chapters 1 and 3 remove out -of -date regulations and regulations that are covered elsewhere in Village ordinances or State criminal statutes. The new Chapter 7 prohibits the sale of items designed or marketed for use with illegal cannabis or drugs. The new Chapter 8 prohibits the placement of graffiti or. public or private places, and requires the owner of a property where graffiti is placed to eradicate said graffiti within 10 days of its placement. There was no further discussion on Ordinance 13 -16. c. Trustee Grear congratulated the Filipino people of Morton Grove, noting they are great people to be around! forward to his reopening. He said he was glad C. Trustee Marcus: Trustee Marcus had no formal report, but said he was glad to see Burt and he's looking forward to his reopening. He said he was glad Burt's feeling better. from 3pm to Trustee Marcus also acknowledged former Clerk and Trustee Tony Kalogerakos, whose baby is due in two weeks! Trustee Marcus reminded the assemblage that Halloween is this week. Trick -or -treat hours are on Thursday, October 31, from 3pm to 7pm. He wished all a safe and happy Halloween! Trustee Pietron: Trustee Pietron had no report. Y.I. ' .: 1Nifiu[es�fDCtol�r�B;.�P13�Laid TRUSTEES' REPORTS (continued) Trustee Thill. Trustee Thill had no official report, but encouraged and reminded everyone to 'RECYCLE ". Because of the Village's recycling initiative, since 2009, it has received approximately $165,000 from the Solid Waste Agency of Northern Cook County (SWANCC). Trustee Toth: Trustee Toth had no formal report. XII. OTHER BUSINESS Mayor DiMaria introduced the newest Economic Development Commissioner Chris Kintner, Mayor DiMaria asked American Legion Post 134 representative Joe Gesicki to let people know, once again, about the Thanksgiving Day celebration for the naval recruits. Mr. Gesicki said the Post is expecting 50 recruits this year, and Chairman Casey Buchara has put together a great seconded by Trustee program for them. He thanked the Village for the support of the recruits, and said he was proud of the Board's support and contributions. The sailors will be picked up at 8:30 a.m. and will be at the Post until about 4:30 p.m. Mayor DiNlaria asked everyone to stop by and support this great event. Mayor DiMaria announced a fundraiser for Wright -Way animal shelter, formerly located in Niles, but soon to be locating in Morton Grove! The fundraiser is on Saturday, November 16, from 6:00 p.m to 10:00 p.m. at the Lincoln Square Lanes, 4874 N. Lincoln Avenue in Chicago. Dancing, cocktails, bowling, delicious food, and an open bar are included in the $75 entry fee, To attend, sign up at wrightwayrescue.net. Mayor DiMaria encouraged people to attend to help this "no- kill" shelter rated #1 in the country. XIIL WARRANTS Trustee Toth presented the Warrants for October 28, 2013, in the amount of $3,191,208.93. She moved to approve the Warrants, seconded by Trustee Thill, Trustee Thill asked, regarding a G &L invoice for $13,322.45 on page 9, if this had been bid out. Director of Public Works Andy DeMonte said this was for hauling and disposal, and had been bid out in February. Upon the vote, the motion passed: 6 ayes, 0 nays. Tr. Grear aye Tr. Marcus aye Tr. Pietron acre Tr. Thill ave Tr. Toth aye Tr. WVitko aye XIV. RESIDENTS' COMMENTS NONE XV. ADJOURNMENT /EXECUTIVE SESSION Trustee Marcus moved to adjourn the Meeting. Trustee Thill seconded the motion. Motion passed: 6 ayes, D nays. Tr. Grear acre Tr. Marcus a)ae Tr. Pietron afire Tr. Thill aye Tr. Toth aNfe Tr. Witko aye The meeting adjourned at 7:44 p.m. PASSED this 28th day of October, 2013. Trustee Grear Trustee Marcus Trustee Pietron Trustee Thill Trustee Toth Trustee Witko APPROVED by me this 28th day of October, 2013. Daniel P. DiMaria, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 29th day of October, 2013. Edilberto Ramos, Village Clerk Village of Morton Grove, Cook County, Illinois Wnuies Dy Temsa COVSb Prom, Commission Rep Public Hearing Notice and Application The Village of Morton Grove provided Public Notice for PC13 -07 to be heard at the September 16, 2013 Plan Commission public hearing in accordance with applicable requiremens. Pioneer Press, a local newspaper, published a public notice on August 29, 2013. As this request is for a text amendment, not a request for a specific site, neither public notice signs nor notification letters were required. On September 16, 2013, the Morton Grove Plan Commission held a public hearing for PC13 -07, a request for a text amendment to modify how non - residential uses are permitted in residential districts. The Commission heard the item and continued it to their October 21, 2013 meeting for additional discussion and consideration. The Village of Morton Grove is the applicant. Public Hearing September 161 2013 Hearing Dominick Argumedo, Zoning Administrator /Land -Use Planner, presented the application on behalf of the Village, which included a proposed amendment to the Unified Development� /Code for non- residential principal uses in residential districts R -1, R -2 and R -3. Specifically, the Village proposed amendment to change Houses o` worship and uses accessory and incidental thereto on lots less than 3.5 acres, Parks and playgrounds, publicly owned; and Schools, nonboarding - elementary, junlorhigh and high on lots ofiess than 3.5acresfrom permitted uses to a special uses. Mr. Argumedo explained that a permitted use is a use that is permitted by right and is reviewed and approved administratively, while a use that requires a special use is one that permitted in the zoning district, but requires additional review and consideration, on a case by case basis, to ensure that the use will not adversely impact abutting /adjacent uses. Ms. Radzevich, Director of Community and Economic Development, explained that all other non- residential principal uses within a residential district already require a special use permit. Commissioner Gabriel stated that a few years ago, the Houses of Worship allowed use was changed from a special use to permitted use. He understood this to was due to a legal necessity that Houses of worship must be a permitted use in at (east one zoning district. Would the Village be out of compliance if the proposed amendment returned Houses of Worship to its previous special use designation? Commissioner Gabriel asked for Corporation Counsel's review of this issue. Commissioner Blonz sought clarification on why parks and playgrounds would need to be a special use rather than a permitted use. Commissioner Blonz felt that such a designation would put a burden on the Plan Commission and Parks and Playgrounds through the addition of an elongated process and public hearing. Ms. Radzevich explained that Parks and Playgrounds were included as a means to bring uniformity to the non - residential uses allowed in the residential distric=ts. Ms. Radzevich noted, however, that as the intent of the amendment is to allow for additional review of uses that might have impacts on residential uses - such as higher parking and traffic demands - she suggested that staff re- examine the reclassification of Parks and Playgrounds, based on the size and /or function of such facilities. As only those Parks and Playgrounds that can accommodate larger events, organized sports, etc, would have the potential for having parking and /or traffic challenges. Chairperson Farkas asked if any interested parties wished to speak. There was no response. Chairperson Farkas asked if there was any discussion Since staff needed research the questions related to the Park and Playground use and the inquiry about Houses of Worship, Commissioner Blonz suggested this case be continued to the October hearing. Ms. Radzevich concurred, and the Commission voted unanimously to continue the hearing to October 21, 2013, October 21, 2 013 Hearing Dominick Argumedo, Zoning Administrator /Land -Use Planner, summarized the application and explained that this was the continuation of a hearing opened on September 16, 2013. He stated that since the last meeting, staff had conducted research and review of the proposed ordinance and have determined that any Park and Playground use that might bring additional traffic and /or have a higher intensity use within a residential area would be classified as Recreation Centers which already are classified as special uses versus permitted uses within residential districts. For example, Oriole Park Pool project, which was recently recommended for approval by the Ran Commission, was defined as a Recreation Center. Thus staff agreed that additional review for neighbor hood Parks and Playgrounds is not necessary and as such staff has proposed to amend the application and withdraw the request to change that use classification to a special use. Commissioner Gabriel asked for an update to his previous inquiry regarding Houses of Worship, and whether it would be legal to change these from permitted to special uses. Term Liston, Corporation Counsel, spoke to this concern. She stated that while it is true that the law requires Houses of Worship to be an allowed use in at least one zoning district, however, a Special use designation is a type of a permitted use. Thus the proposed amendment would still be in legal compliance. Commissioner Farkas asked if any interested parties wanted to speak on this application. No one did. Commissioner Shimanski inquired about the difference between Recreation Centers and Parks and Playgrounds. Mr. Rraumedo noted the code did not contain a definition for a Park or a Playground. Ms. Radzevich suggested, with the Commission's support, that Staff will create definitions for Pare and Playgrounds and will include those as a future text amendement. Commissioner Gabriel made a motion to recommend approval of PC13 -07 to change the designation of Houses of worship and uses accessory and incidental thereto on lo*s less than 3.5 acres and Schools, nonboarding - elementary; junior high and high on lots of less than 3.5 acres from permitted uses to a special uses in Residential Districts (R1, R2, and R3) in Section 12 -4 -2 -c of the Unified Development Code, Commissioner Shimanski seconded the motion. The motion carried 7 -0. To: Village President and Board of Trustees From: Ronald L. Farkas, Chairman, Plana Commission Nancy K Radzevich, AICP, Community and Economic Development Director Dominick Argumedo, AICP, Zoning Administrator /Land -else Planner Date: November x, 2013 Commission Report Public Hearing Notice and Application The Village of Morton Grove provided Public Notice for this application to be heard at the October 21, 2013 Plan Commission public hearing in accordance with applicable requirements. Pioneer Press, a local newspaper, published a public notice on September 26, 2013. As this request is for a text amendment, not a request for a specific site, neither public notice signs nor notification letters were required. On October 21, 2013, the Morton Grove Plan Commission conducted a public hearing for PC13 -11, a request far a text amendment to modify the types and extent of waivers and approvals that can be approved by the Board of Trustees through the Planned Unit Development permit process. The Village of Morton Grove is the applicant. Public Hearing — Staff Overview Dominick Argumedo, Zoning Administrator /Land Use Planner, presented the application on behalf of the Village. He explained that a Planned Unit Development (PUD) is a form of a special use permit that allows the Village Board to approve a project in the public interest of the community that may otherwise not be approved if held to the strict standards and regulations of the underlying zoning district. Currently, the PUD section of the Municipal Code (Chapter X of Title 12), allows the Board of Trustees to grant certain waivers to certain zoning standards such as height, setbacks, off- street parking and loading, screening, lighting, signage and subdivision design standards, However, the Code does not allow the Board to grant exceptions for density or Floor Area Ratio (FAR). Mr. Argumedo explained the proposed amendment would allow the Village Board to have additional discretion when reviewing and approving PUD applications and give them the authority to grant waivers to density and FAR provisions, on a case -by -case basis. The current code, which does not allow for any discretion as to density and FAR, is inconsistent with PUD ordinances in surrounding communities. Mr. Argumedo noted that the PUD process, like all other special use permits, must follow the procedural control process and be presented to the Plan Commission for public hearing and recommendation to the Board of Trustees. Through this process, where defined standards need to be met before a project can be approved, the necessary review process exists to ensure that a project provides a public benefit, is in line with the Village's vision, and includes provisions to minimize any potential impacts on abutters. Public Hearing — Applicant Presentation Chairman Farkas asked if the C/R Commercial Residential density, Staff noted that this is the only district that currently density. As the Village most recently established this district, pedestrian area, such a flexibility allowance clearly depicts density modifications can be appropriate for certain projects. District allows PUD allowances for allows the Board to grant waivers to vith a vision to create a denser more the Board's understanding of how Terry Liston, Corporation Counsel, noted that a Planned Unit Development, by its nature, is a process of some give and take; the modifications of regulations to exceed limits can be granted for provided public benefits. Nancy Radzevich, Director of Community and Economic Development, noted that each zoning district sets a minimum lot size limit for a project to be eligible for the PUD process; PUD proposals are only eligible for larger parcels. The very intent of the PUD process is to encourage greater creativity on larger scale development sites and allowing the developer to apply for and the Board to grant density and FAR waivers further promotes that intent. In addition, a PUD application requires that a traffic study be part of the development review process, so any potential traffic and /or parking challenges, associated with the density or FAR waiver, will be reviewed as part of the overall process. Commissioner Gabriel asked about other municipalities and how they regulate PUDs, whether this is in line with them. Ms. Radzevich noted this proposal is in line with neighboring communities. With the Village's PUD regulations requiring traffic studies and an application that addresses other potential impacts such as on public services, along with the standards for review in the Unified Code, there is a built in review process to ensure such waivers are appropriate at particular site /location. Commissioner Shimanski made a motion to recommend approval of approve the text amendment as presented by staff. Commissioner Gabriel seconded the motion. The Plan Commission voted unanimously in favor of the motion (7-0). Leeislative Summary Ordinance D -16 - - - AMENDING TITLE 6, CHAPTER I AND 3, AND ADDING CHAPTERS 7 AND 8 TO THE 1WIUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE Introduced: October 28, 2013 Objective: This ordinance amends Title 6, Chapters 1 and 3, and adding Chapters 7 and 8 of the Municipal Code to update police department regulations. i Purpose: I To keep Title 6 current and relevant. Background: Village staff constantly reviews the Village Code and makes recommendations to update provisions in order to keep the Code compliant with contemporary statutes and relevant to the current operations and requirements within the Village. Title 6 of the Code contains Police Department regulations. This ordinance will incorporate staff recommendations to update chapters 1 and 3 and to add new chapters 7 and 8. The updates to Chapters 1 and 3 remove out -of -date regulations and re_aulations which are covered elsewhere in Village ordinances or state criminal statutes. A new Chapter 7 which prohibits the sale of items designed or marketed for use with illegal cannabis or drugs- Also added is a new Chapter 8 which prohibits the placement of graffiti on public or private places, and requires the owner of a property where graffiti is placed to eradicate said graffiti within ten days from its placement. i Programs, Departments Police Department or Groups Affected Fiscal Impact: No applicable. Source of Funds: i Not applicable Workload Impact: The implementation of this ordinance will be performed by the Police Department as part of their normal duties Administrator l� Approval as presented. Recommendation: Second Reading: Required - Code Amendment - November 11, 2013 1 Special Considerations or None Requirements: Respectfully submitted: / ^/" - } " — Reviewed by. Rva?, I 'ase Administrator Teresa Hoffman 'istoi`.,�or6irat'cir. Counsel Prepared by: _'� n r" Mar Erickson. Police t AN ORDINANCE AMENDING TITLE 6, CHAPTERS 1, AND 3, AND ADDING CHAPTERS AND 8 TO THE VILLAGE OF MORTON GROVE MUNICIPAL CODE WHEREAS, the Village of Morton Grove (Villagej, located in Cook County, Illinois is a home rile 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 governmental affairs, including but not limited to the power to tax and incur debt; and Offenses Against Property 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 6 of the Village Code contains police department regulations which Village staff has recommended be updated to add contemporary language and rearrange chapters for the proposes of clarification and organization; and -2: Offenses V�HEREAS, Village staff recommends Title 6 be amended to require the proposed changes ; 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 malting the findings as hereinabove set forth. SECTION'.: Title 6 entitled. POLICE REGULATIONS, Chapter 1 entitled OFFENSES is hereby amended to read as follows: CHAPTER I OFFENSES SECTION: 6-1-1: Offenses Against the Person 6 -1 -2: Offenses Against Property 6 -1 -3: Offenses Against Public Peace 6 -1 -4: Offenses Against Public Morals and Behavior 6 -1 -5: Penalty 6 -1 -1: OFFENSES AGAINST THE PERSON: A. Assault and /or Battery: Whoever shall commit an assault, or battery upon the person of another, shall be Quilty of an affray within the limits of the Village. (1969 Code § 130.001) B. Throwing Objects: No person shall purposely or heedlessly cast or throw any objects I or into any public place, or at any building or person within the Village intentionally, recklessly, or negligently. C. Use of Weapons: No person shall fire, discharge, set off or use within the limits of the Village any device which a projectile is discharged or hurled unless otherwise licensed. Generally, tools are exempt devices unless the tools use is intentional, reckless, or negligent. (1969 Code § 130.01 s) D. Weapon Sales: No person shall have in his possession to sell, give or loan, hire or barter, or offer to sell, give, loan, hire or barter to any person within the Village unless otherwise licensed. No weapons may be sold to any minor within the corporate limits of the Village. E. Turning Hose or Hydrant on Person or Property: No person shall willfully turn a stream of water from any hose or hydrant upon any person, or upon any private premises, not being the occupant thereof unless to water stream is used as a tactical emergency deployment by emergency personnel. 6 -1 -2: OFFENSES AGAINST PROPERTY: A. Damage to Property: No person shall willfully, maliciously, recklessly, or negligently break, deface, injure, damage, cut, dig, remove or destroy any public or private property without the consent of the owner, agent, or occupant thereof. B. Trespass: Without constituting any limitation on the provisions for trespass, it shall be unlawful for any person, or any charitable, community or religious organization, to'. Enter upon the premises, or any part thereof, or another, including any public property, in violation of a notice posted or exhibited at the main entrance to said premises or at any point of approach or entry, or in violation of any notice, warning or protest given orally or in writing, by any owner or occupant thereof; or Pursue a course of conduct or action incidental to the making of any entry upon the land of another in violation of a notice posted or exhibited at the main entrance to said premises or at any point of approach or entry, or in violation of any notice, warning or protest given orally or in writing by any owner or occupant thereof; or Fail or refuse to depart from the premises of another in case of being requested, either orally or in writing, to leave by any owner or occupant thereof; or 4, Enter into or upon any vehicle, aircraft or watercraft made without the consent of the person having the right to the possession or control thereof, or a failure or refusal to leave any such vehicle, aircraft or watercraft after being requested to leave any such vehicle, aircraft or watercraft by the person having such right. C. Tampering with Cornerstone or Stake: No person shall willfully or heedlessly change, remove or destroy any stone, stake or post set or placed to mark the corner of any lot or parcel of ground; or street or alley, or to show the grade of any street, alley or sidewalk of the village. D. Tampering with Fire Hydrant: No person shall willfully or intentionally open any fire hydrant without proper authorization to do so. E. Meter Tampering: No person shall unlawfully tamper with, alter or change any public or private gas pipe, water pipe, gas meter, water meter or other meter, or the register thereof. Trespassing on Crass. Lawn, or Flowers: No person shall willfully, negligently or heedlessly walk upon or across, or ride or drive any animal or vehicle upon or across any lawn, grass plot or flowerbed in or upon any of the streets, avenues, parks or public places of the village; or who shall walk upon or across any private lawn, grass plot or flowerbed without the consent of the owner or occupant thereof. G. Possession Of Burglary Tools: It shall be unlawful for any person to have in his possession any nippers of the description Imown as burglar's nippers, or any picklock, skeleton key, key to be used with a bit or bits, jimmy or any other burglar's instrument or took of whatsoever kind or description, unless it be shown that such possession is innocent or for a lawful purpose. H. Theft: Shall be defined as follows: Unlawful removing, concealing, taking away, or maintaining unauthorized possession of any property belonging to another without the permission of the legal and rightful owner or controller of said property; or �. The non compensation of any person, entity, or corporation for services rendered in performance of any legal trade, utility, or service as allowed by the state of Illinois and the village of Morton Grove; or The unlawful possession, taking away, carrying away, concealing, or transferring of any merchandise displayed, held, stored, or offered for sale in a retail mercantile establishment with the intention of depriving the person, entity, or corporation permanently of the possession, use, or benefit of such merchandise without paying the full retail value of such merchandise, where the value of such property, service or merchandise is Tess than one hundred fifty dollars ($150.00); and valued at less than one hundred fifty dollars ($150.00). 6 -1 -3: OFFENSES AGAINST PUBLIC PEACE: A. False Alarm to Police or Fire Station: No person shall negligently, maliciously or willfully give any false alarm to any police . or fire station. B. It shall be unlawful for any person to meddle or interfere with any emergency alarm for a purpose other than reporting an emergency matter to the police or fire department. C. It shall be unlawful for any person to meddle or interfere with any emergency worker (police, fire, public works, or building department) who is attempting to conduct official duties within the corporate Iimits of the village. D. Impersonating a Village Officer: No person shall falsely represent himself to be an officer, of this village or without being duly authorized by the village shalt exercise or attempt to exercise any of the duties, functions or powers of a village officer. E. Disorderly Conduct: Aperson commits disorderly conduct when he knowingly: Does any act in such unreasonable mariner as to provoke, make or aid in making a breach of peace; or Does or makes any unreasonable or offensive act, utterance, gesture or display which, under the circumstances, creates a clear and present danger of a breach of peace or imminent threat of violence: or Goes about begging or soliciting funds on the public ways; or 4, Appears in any public place manifestly under the influence of alcohol, narcotics or other drug, not therapeutically administered, to the degree that he may endanger other persons or property, or annoy persons in his vicinity; or Challenge to Fight; Offensive Language: No person shall challenge another to f ght, or shalt threaten or taduee another, or shall use any profane, obscene or offensive language, or shall indulge in any conduct toward another creating a clear and present danger of a breach of the peace or imminent threat of violence; or 6. Aiding In Breach Of The Peace: No person shall make, aid, continence or assist in malting any improper noise, riot, breach of the peace or diversion tending to a breach of the peace, and no persons shall collect in bodies or crowds for unlawful purposes, or for any purpose to the annoyance or disturbance of citizens or travelers so as to create a clear and present danger of a breach of the peace or an imminent threat of violence; or. Congregating On Sheet Conners: Blocking Passage: No person shall remain about or upon any stairway, doorway, window, or in front of any business or dwelling house, theater, lecture room church, street confer or elsewhere, and by so doing obstruct or interfere with the free passage of persons entering or occupying such building or premises, or by language, conversation or conduct create a clear and present danger of a breach of the peace or imminent threat of violence; or 8. Obstruction of Street: No person shall engage in any game, sport or amusement, or exhibit any machine, show or animal, or indulge in any acrobatic feats, or do anything else in the streets or upon the sidewalks which shall collect any crowd of persons so as to interfere with the passage of vehicles or persons along the streets or sidev ✓a1ks; or 9. Occupation Of Streets Without Authority: No person shall make use of any street or alley it, the village of Morton Grove for tae purpose of erecting or maintaining any post or pole, or for stringing any telephone or electric wire therein, or for stringing, laying or maintaining any wire, pipe or main for the conveyance of electricity, gas, water or steam for commercial purposes, or for laying or maintaining any railroad track or for the running of any car therein or thereupon, without the consent or license of the village of Morton Grove, according to law, when by law such consent or license is required. When any person, firm or corporation has had such consent or license, it shall be unlawful for any person, firm or corporation to make use of any street or alley in said village for any of the purposes aforesaid after such consent of license has expired by limitation, operation of law, or otherwise. (Ord. 85 -1, 1 -25 -1985) F. Assemblage: It shall be a violation of assemblage when a person: Disturbing Lawful Assemblage: No person in the village shall disturb or disquiet any lawful assemblage or association of people by any rude or indecent behavior, or disorderly conduct; or 2. Unlawful Assemblage: No two (2) or more persons shall assemble in said village for any unlawful purpose, or being assembled, shall act in concert to do any unlawful act: with force and violence against the property of the village, or the person or property of anothel, or against the peace or to the terror of the citizens or other persons in said village, or shall make any movement of preparation therefore; or 3. Permitting Unlawful Assemblage on Premises: No person shall knowingly suffer or permit any assemblage for the purpose of committing any unlawful act or breach of the peace, or any riotous, or disorderly conduct, in or upon premises owned or occupied by him, or under his control, within the village; or 4. Pickets or demonstrates on a public way within one hundred fifty feet (150') of any primary or secondary school building while the school is in session and one -half hour before the school is in session and one -half ('h) hour after the school session has been concluded, provided that this subsection does not prohibit the peaceful picketing of any school involved in a labor dispute; or 5. Pickets or demonstrates on a public way within one hundred fifty feet (150') of any church, temple, synagogue or other place of worship while services are being conducted and one -half (1/2) hour before services are to be conducted and one -half ('/�) hour after services have been concluded, provided that this subsection does not prohibit the peaceful picketing of any church, temple, synagogue or other place of worship involved in a labor dispute; or 6. Disturbing Religious Worship: Any person who shall within the limits of the village disquiet or disturb any congregation or assembly met for any lawful purpose, religious or otherwise, by making a noise, or by any rude, indecent behavior, or profane discourse or disorderly conduct, within their place of meeting, or so near the same as to disturb the order or solemnity of the meeting. shall be deemed guilty of a misdemeanor; or Refuses or fails to cease and desist any peaceful conduct or activity likely to produce a breach of peace where there is an imminent threat of violence, and where the police have made all reasonable efforts to protect the otherwise peaceful conduct and activity, and have requested that said conduct and activity be stopped and explained the request if there be time: or Fails to obey a lawful order of dispersal by a person known by him to be a peace off eer under circumstances where three (3) or more persons are committing acts of disorderly conduct in the immediate vicinity, which acts are likely to cause substantial harm or serious inconvenience, annoyance or alarm. 6 -1 -4: OFFENSES AGAINST PUBLIC; MORALS AND BEHAVIOR: A. Indecent Writing in a Public Place: No person shall in any public place open to public view within the village, write, draw, cut, make or exhibit any lewd or indecent word, sentence, desipnl or figure. (1969 Code § 133.040) B. Indecent Exposure: No person shall make any indecent exposure of his or her person, or shall appear in any public place, or in any place exposed to public view, in any indecent or lewd dress or in a state of nudity, or shall be guilty of any other immoral, indecent or lewd act. (Ord. 73-45, 11 -12 -1973) C Obscenity: Definitions as used h, this subsection: DISTRIBUTE To transfer possession of, whether with or without consideration. EXHIBIT To show or display, offer or present for inspection or produce in public so that.it may be taken into possession or viewed. KNOWINGLY Having general knowledge of, or reason to know, or a betiefor ground for a belief which warrants further inspection or inquiry of the character and consent of any material described herein which is reasonably susceptible of examination. MINOR Any person under the age of eighteen (1 8) years. NUDITY The showing of the human male or female genitals, pubic areas or buttocks, or female breast with less than a fully opaque covering of any portion thereof below the top of the ripple. OBSCENITY Any material or performance is obscene if: (1) the average person, applying contemporary adult community standards, would find that, taken as a whole, it appeals to the prurient interest; and (2) the average person, applying contemporary adult community standards, would find it depicts or describes, in a patently offensive way, ultimate sexual acts or sadomasochistic sexual acts, whether normal or perverted, actual or simulated, or nrasttu=bation, excretory functions or lewd exhibition of the genitals; and (3) taken as a whole, it lacks serious literary, artistic, political or scientific value. PERSON An individual, firm, association or corporation. 2. Prohibited Acts: It shall be, unlawful for any person knowingly to sell, loan for monetary consideration, distribute, or exhibit to a minor: a. Any picture, photograph, drawing, sculpture, motion picture, stage play or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sexual excitement considered obscene under the provisions of this chapter, or b. Any book, pamphlet, magazine, printed matter (however produced), or sound recording which contains any matter enumerated in the preceding paragraph of this subsection, or explicit and detailed verbal descriptions or narrative accounts of nudity, sexual conduct or sexual excitement which, when taken as a whole,_ is considered obscene under the provisions of this chapter. It shall be unlawful for any person to knowingly exhibit for a monetary consideration a motion picture, stage play or other presentation which, in whole or in part, depicts nudity, sexual conduct or sexual excitement and which, when taken as a whole, is considered obscene under the provisions of this chapter Nothing in this subsection shall prohibit any public library or other public facility operated by an accredited institution of education from circulating material considered obscene under the provisions of this chapter to any minor provided such circulation is in aid of a scientific, literary, artistic or educational purpose. Nothing in this subsection shall prohibit any parent from distributing to his child any material considered obscene under the provisions of this chapter. It shall be unlawful for any person to employ any minor for the purpose of selling, loaning for monetary consideration, distribution or exhibition of an_v material considered obscene under the provisions of this chapter. 3. Defenses: It shall be an affirmative defense to a prosecution brought for violation of this subsection that the sale, loan, distribution, exhibition or participation in any act prohibited by this subsection: a. Was not for monetary consideration and was made to consenting friends and acquaintances other than minors or to other members of the defendant's family. b. Was to or by institutions or individuals in the furtherance of scientific, literary, artistic or educational purposes. (Ord. 73 -45, 11 -12 -1973) D. Littering: No person shall throw, cast, lay, or piace any biodegradable or non - biodegradable debris on any sidewalk, streeC, parkway, or prohibitive private propel -EV within the village. Generally, incidental biodegradable yard waste is exempt so long as it is a reasonably minor amount. E. Expectoration Prohibited: No person within the corporate limits of the village shall spit or expectorate upon, against, or in any public or private building or any approach or entrance thereto against the consent of the owner, agent or occupant thereof, nor in or about the doorway, stairway or approach to any public or private place; nor upon, against, or in any vehicie; nor upon or against any public or private walk or way for foot passage. Generally, expectorant resulting from illness or the use of smokeless tobacco is exempt provided the expectorant is contained and disposed of in a reasonable manner. F. Cleansing Garment in Street: No dryer or scourer or any other person shall wash, rinse or cleanse or cause or procure to be washed, rinsed or cleansed, any cloth, yarn or garment in any street or public place in the village. (1969 Code § 130.050) G. Dog And Cockfighting: No person shall within the village keep or use, or be in any way connected with the management, either as an employee or in any other capacity.. of any place kept or used for the flg:hting or baiting of any dog, cock or other animal, or shall permit such place to be kept or used on premises owned, rented or controlled by him, or shall frequent or be found therein for the purpose of witnessing such fighting or baiting. (1969 Code § 133.060) H. Slaughterhouse Prohibited: The operating or conducting of any slaughterhouse or place in which it is the practice to slaughter animals in the village, is hereby declared a nuisance, and no person or persons shall conduct or operate or suffer such slaughterhouse or place to be conducted or operated. 1. Railway Prohibition: No person shall play upon or about any railroad track, depot, locomotive or car within said village; or climb upon or jump from any car or train of cars, or from one car to another, while the same may be in motion. (Ord. 85 -1, 1 -25 -1985) Climbing on Motor Vehicle in Motion: No person shall climb upon or into any automobile, or other vehicle while the same maybe in motion, or attach his sled or cart to any such vehicle, without the consent of the driver thereof. K. Excavation Barricades In Streets: No person in said village shall dig, make or cause to be dug or made any hole, pit, ditch, vault or other excavation in or upon any street, lane, avenue, alley, sidewalk or other public place, or who shall dig, make or cause to be dug or make any excavation upon any lot adjoining or bounded by any street, lane, avenue, alley, public place. or sidewalk, and not during the night cause the same to be fenced in with a substantial fence at least three feet (7) high, the boards or rails of which shall not be more than one foot (1') apart, and who shall fail to place sufficient red lights in conspicuous places in front of said fence. PENALTY: Any person violating any of the provisions of this chapter shall be fined in accordance with Title 1, Chapter 4 of this Code. (Ord. 08 -22, 5- 12- 2008;) SECTION 3: Title 6 entitled POLICE REGULATIONS, Chapter '3 entitled MINORS, Section 3 entitled PARENTAL RESPONSIBILITY is hereby amended to read as follows: 6-3-3: PAREN'T'AL RESPONSIBILITY: A. Definitions: LEGAL GUARDIAN Includes a person appointed guardian or given custody of a minor by a circuit court of this state, but does not include a person appointed guardian, or given custody of a minor under the Illinois juvenile court act. MINOR Includes a person who has attained the age of eleven (11) but has not yet reached nineteen (19) years of age excluding an emancipated minor. PERSON Includes any individual, firm, partnership, association, corporation, company or organization of any kind. PROPERTY Includes any real estate, including improvements thereon, and any tangible personal property. B. Actions Prohibited: Any Violations represented in 6 -1 -2 (A) Damage to Property 2. Any Violations represented in 6 -1 -2 (B) Trespass Any Violations represented in 6 -8 -2 Grafrtti C. Penalty: Every person found guilty of an offense under this section shall be subject to the following penalties: Fine: A fine in accordance with Title I, Chapter 4 of this code for each separate offense; Conditional Discharge: A period of conditional discharge not to exceed one year. a. The conditions of a conditional discharge shall include that the defendant: (1) Not violate any criminal statute or quasi - criminal ordinance of any jurisdiction; and (2) Report to and appear in person before such person or agency as directed by the court . b. The conditions of conditional discharge may, in addition, require that the defendant: (1) Pay a fine in accordance with Tithe 1, Chapter 4 of this code. (2) Work or pursue a course of study or vocational training; (3) Undergo medical or psychiatric treatment, or treatment for drug addiction or alcoholism; (4) Make restitution or reparation in an amount not to exceed actual loss or damage to property and pecuniary loss; and 5} If a minor, to reside with his parent or in a foster home; attend school; attend a nonresidential program for youth; or contribute to his own support at home or in a foster home. When a court orders restitution or reparation as a condition or a conditional discharge, the court shall determine the amount and conditions of payment. When the conditions of payment have not been satisfied, the court at any time prior to the expiration or termination of the period of conditional discharge may impose an additional period of not more than two (2) years. Only the conditions of payment shall continue to apply during such additional period. The court shall retain all of the incidents of the original sentence, including the authority to modify or enlarge the original conditions and to revolve the penalty of conditional discharge if the conditions of payment are violated during such additional period. d. When a petition is filed charging a violation of a condition imposed for conditional discharge, the court; (1) May order a summons to the offender to appear; or order a warrant for the offender's arrest where there is danger of his fleeing the jurisdiction or causing serious harm to others or when the offender fails to answer a summons. The issuance of such warrant or smnmons shall stay the sentence of conditional discharge until the final determination of the charge, the term conditional discharge chats not run so long as the offender has not answered the summons or warrant. (2) Shall conduct a hearing of the alleged violation. The court may admit the offender to bail pending the hearing. (3 j Shall receive evidence in open court with the right of confrontation, cross examination and representation by counsel. The village has the burden of going forward with the evidence and proving the violation by the preponderance of the evidence. (4) Shall not revoke a conditional discharge for failure to comply with conditions of a sentence which imposes financial obligations upon the offender unless such failure is due to his willful refusal_ to pay. (5) May modify the conditions of a conditional discharge on motion of the village or on its own motion or at the request of the offender after notice to the defendant and a hearing. e. If the court finds that the offender expiration or termination of the pe period, with or without modifying other penalty that was available at f. Ajudament revoking probation or order. has violated a condition at any time prior to the riod, it may continue him on the existing or enlarging the conditions or may impose any the time of the initial penalty . conditional discharge is a final appealable Liability ofParent or Legal Guardian of _Minor Offender: a. The parent or legal guardian of a minor defendant who resides with such parent or legal guardian shall be liable for any fine or condition of restitution or reparation imposed by a court upon a minor for violation of this ordinance, provided said minor has not paid said fine or made restitution or reparation within the time ordered by the court, and further provided said parent or legal guardian has been served with summons or notice to appear in the original cause as provided by law. b. The parent or legal guardian of a minor defendant who resides with such parent or legal guardian shall be, a necessary parry to any proceeding under this ordinance. (Ord. 08-22, 5 -12 -2005) SECTION 4: Title 6 entitled POLICE REGULATIONS, Chapter 7 entitled ITEMS DESIGNATED OR MARKETED FOR USE \tITH ILLEGAL CANNABIS OR DRUGS is hereby added to read as follows: CHAPTER ITEMS DESIGNED OR 1VIARi ETED FOR USE WITH ILLEGAL CANNABIS OR DRUGS SECTION: 6 -7 -1: Items Designed or Marketed for Use with Illegal Cannabis or Drugs 6 -7 -1: ITEMS DESIGNED OR MARKETED FOR USE WITH ILLEGAL CANNABIS OR DRUGS: A. License Required: It shall be unlawful for any person or persons as principal, clerk, agent or servant to sell any items, effect. paraphernalia, accessory or thing which is designed or marketed for use with illegal cannabis or drugs, as defined by Illinois Compiled Statutes, without obtaining a license there for. Such licenses shall be in addition to any or all other licenses held by applicant. B. Application: Application to sell any item, effect, paraphernalia, accessory or thing which is designed or marketed for use with illegal cannabis or drugs shall, in addition to any other requirements of this village, be accompanied by affidavits by applicant and each and every employee authorized to sell such items that such person has never been convicted of a drug related offense. C. Minors: It shall be unlawful to sell or give items as described in subsection A of this section in any form to any male or female child under eighteen (18) years of age. D. Records: Every licensee must keep a record of every item, effect, paraphernalia, accessory or thing which is designed or marketed for use with illegal cannabis or drugs which is sold and this record shall be open to the inspection of any peace officer or code enforcement officer at any time during the hours of business. Such record shall contain the name and address of the purchaser, the name and quantity of the product, the date and time of the sale, and the licensee or agent of the licensee's signature, such records shall be retained for not less than two (2) years. E. Regulations: The applicant shall comply with all applicable regulations of the police department. F. Penalty: In addition to any other penalties contained in this code for violation of thus section, conviction of a violation of the section by any person, firm or corporation holding a business license in the village or by any agent or employee of such license holder, shall result in the revocation of such business license and shall be deemed cause for failure of the village to renew said business license. (Ord. 82 -10, )" -22 -1982) SECTION 5: Title 6 entitled POLICE REGULATIONS, Chapter 8 entitled GRAFFITI is hereby added to read as follows: CHAPTER 8 GRAFITTI SECTION: 6 -8 -1: Definitions 6 -8 -2: Unlawful Placement 6 -8 -3: Graffiti Removal 6 -8 -4: Penalty 6 -8 -1: DEFINITIONS: GRAFFITI Any and every name, identification description, announcement, declaration, demonstration, display, illustration or insignia, any symbol (including. any Ietter. word. numeral emblem or combination thereof), other than advertising which is otherwise provided for by village ordinance, which without authorization is marked, written, drawn, painted, scratched, inscribed or affixed directly to or upon any object or structure. 6 -8 -2: UNLAWFUL PLACEMENT: It shall be unlawful for any person to place graffiti upon any public or private curbstone, flagstone, or any portion or any part of any sidewalk or street or upon any tree, lamppost, utility pole, postal mail receptacle, sign, hydrant, gate, fence, door, wall, window, garage, enclosure, vehicle, bridge, or any other public or private structure, I uilding, or property. 6 -8 -3: GRAFFITI REMOVAL: A. Responsibility To Eradicate: It shall be, unlawful for the owner, manager or person in control of the real property on which is located any structure or object on which any graffiti is placed to fail to remove, cover or otherwise eradicate such graffiti within ten (10) days from its placement or, the property. B. Notice To Eradicate: In the event the owner, manager or person in control of said property fails to remove, cover or otherwise eradicate the graffiti within such time, the building commissioner shah cause notice to be served, either by personal service on the owner or his agent or mailed by certified snail to the person to whom was sent the tax bill for the general taxes for the last preceding year, which notice shall state a date, no less than ten (10) days later than the date of personal service or mailing, after which the village of Morton Grove will invoke the remedies provided in this subsection. C. Village To Eradicate: in addition to any frne or penalty which may be imposed, if the owner fails to remove, cover or otherwise eradicate the graffiti by the date stated in the notice, or such later date as the building commissioner may allow in the reasonable exercise of his discretion, the village may enter upon the property and remove such gratftti, by the use of its employees, contractors or other persons, and the cost of removal may be collected from the owner of the property. D. Cost of Removal: The cost of removal shall be paid within forty five (45) days from date of billing. Upon failure to pay within the specified time, the director of finance shall file with the county recorder of deeds, a statement of lien claim. This statement shall contain the legal description of the premises served, the amount of the unpaid bill and a notice that the village claims a lien for this amount. E. Notice of Lien: The failure of the director of finance to record such lien claim or to mail such notice or the failure of the owner to receive such notice shall not affect the right to foreclose the lien for unpaid bills as mentioned herein. F. Foreclosure of Lien: Property subject to a lien for unpaid removal charges shall be sold for nonpayment of the same, and the proceeds of such sale shall be supplied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be by bill in equity in the name of the village. The village attorney is hereby authorized and directed to institute such proceedings, in the name of the village, in any court having jurisdiction over such matters, against any property for which the bill for removal has remained unpaid forty five (45) days after it has been rendered. G. Owner, Recovery of Costs: Tile village's exercise of the remedies provided in this subsection shall not prevent the owner from recovering, through civil suit or otherwise, the cost of removal or other reparation from the person or persons responsible for placing the graffiti on his property. 6 -8-4: PENALTY: Any person violating any of the provisions of this chapter shall be fined in accordance with Title 1, Chapter 4 of this Code. SECTION 6: 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, tenns, provisions, and conditions shall remain in full force and effect. SECTIOT 7: 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 sha l be controlling and shall supersede all other statutes, ordinances, or resolutions but only to the extent of such conflict. Except as amended in this ordinance, all chapters and sections of the Village of Morton Grove Village Code are hereby restated, readopted, and shall remain in full force and effect. SECTION g: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED THIS 11`x. day of November 2013. Trustee Trustee Trustee Trustee Trustee Trustee Grear Marcus Pietron Thill Toth Witko APPROVED by me this l l m day of November 2013. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 12t" day of Novembe, 2013. Ed. Ramos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary -- Resolution 13 -61 — — - - -�, AU'T'HORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR TRAFFIC SIGNAL UPGRADES Introduced: November 1 1, 2013 Synopsis: I i To authorize the Village President to execute an agreement with the Illinois Department of Transportation (IDO'I) for proposed traffic signal upgrades, Purpose: To advance the transformation in the Village and State from incandescent traffic signal optics to low energy consuming, reduced maintenarice and enhanced visibility LED -type signals. Background: i IDOT proposes to upgrade traffic signals at Dempster and Ozark, Dempster and Harlem, and Dempster and Shermer with LED modules. The Village completed a similar LED upgrade in 2010 as part of the replacement of the traffic signals along Dempster Street from Ferris to Central and in 2011 at eight signalized intersections on Oakton, Central, Church and Lincoln. One approach leg of each of the three intersections lies within the Village's jurisdiction. Two approach legs he within IDOT's jurisdiction and the one approach leg lies within Niles' Jurisdiction. IDOT requires cost participation from Morton Grove and Niles in order to make the 1 upgrades. The Village's cost participation in the agreement is approximateiy 2.5% of the total project cost. Programs, Departments Public Works, Engineering Division or Groups Affected Fiscal Impact: k The estimated cost is 3$95700, of which 32,242.50 is estimated to be the Village's cost for the upgrades. ,Source of Funds: � Capital Projects Fund 305060- 553300, Workload Impact: 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: Ry„ .I. Ilotne` Village Administrator Prepared by: Chris Tomich, Village Engineer Reviewedb}: f4 rf Teresa Hoffman L isfon rporation Counsel i Review by_ Andy Demonic. Director of Public AWorks �:. y..': AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE N71LLAGE OF MORTON GROVE AND ILLINOIS DEPARTMENT OF TRANSPORTATION FOR TRAFFIC SIGNAL UPGRADES WI- IEREAS, 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 Illinois Department of Transportation (IDOT) proposes to upgrade traffic signals on state highways with Light- Emitting Diode (LED) modules to complete the transformation in the State from incandescent traffic signal optics to low energy consuming, reduced maintenance and enhanced visibility LED -type signals and WHEREAS, IDDOT proposes to upgrade the traffic signals at Dempster and Ozark, Dempster and Harlem, and Dempster and Shermer with LED modules; and WHEREAS, the LED upgrade program will require cost participation from the Villages of Morton Grove and Niles for the approach leg within our respectivejurisdienoils; and WHEREAS. IDOT estimates the cost share of Morton Grove to be two thousand two hundred forty -two dollars and fifty cents (S2,242.50); and WHEREAS, IDOT requires a signed agreement from the Villages of Morton Grove and Niles in order to proceed with the LED installation contract; and WHEREAS, although the Village had not been previously notified of the proposed improvements and, consequently, had not explicitly budgeted for the cost share of the proposed improvements, Public Works staff supports the upgrade to continue the Village's own transformation to the lower energy consumption of LED modules which began in 2010; and WHEREAS, surplus funds are available in the 2013 Adopted Budget and funding has been included in the 2014 Draft Budget in the Capital Projects Fund (Account 4305060- 553300).. 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 of the Village of Morton Grove is hereby authorized to execute and the Village Clerk to attest to the attached Agreement with the Illinois Department of Transporta on. SECTION'). The Village Administrator, Director of Public Works, and the Village Engineer and /or their designees are hereby authorized to take all steps necessary to implement the agreement. SECTION 4. This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS I Ia DAY OF NOVEMBER 2013 Trustee Trustee Trustee Trustee Trustee Trustee Grear Marcus Pietron Thill Toth W"itko APPROVED BY ME THIS 1 I" DAY OF NOVEMBER 2013 Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 12" DAY OF NOVEMBER 2013 Ed Ramos, Village Clerk Village of Morton Grove Cools County, Illinois AGREEMENT THIS AGREE(sENT entered into this day _ A U., by and barween the STN I E OF ILLINOIS, acting by and through its Deparlr nt cf Transportation hereinafter walled the STATE and the Village of Norton Grove, County of Cook, of the State of IIGn is, hereinafter called the VILLAGE. WIT ESSETH WHEREAS, the STATE is proposino to upgrade the traffic signals or the state highways with Liars - Emitting -Diode (LED) modules, Uninterruptible Power Supply (LIPS) and Countdown Pedestrian Signals (CD Ped) at the Intersections of US 14 (Dempster' at Ozark- Av; US 14 (Dempster) at Harlem Av and US 14 (Dempster) at Shermer Rd (to be known as STA T E Section 2013 -055TS and Contract No. 60X16 -Job No. C -91 -021 -14). This LED upgrade project will require cost participation similar to the federal Highway Safety Improvement Program (HSIP). State funds will be used for 90% of the traffic signal upgrade costs with the remaining 10% split based on the proportionate share o; approach leg jurisdiction WHEREAS, the VILLAGE is desirous of said Improvement in that same will be of immediate benefit to the VILAGE, and permanent in nature; and, WHEREAS, the VILLAGE shares jurisdiction of the following intersections with the STATE at US i4 (Dempster) at Ozark Av, US 14 (Dempster) at Harlem Av and US 14 (Dempster) at Shenrier Rd NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties herons agree as follows: The STATE agrees to prepare plans and specifications, receive bids, award the contract, furnish engineering inspection during construction, and cause the improvement to be built in accordance with the plans, specifications, and contract. The STATE also agrees to pay all construction and engineering costs subject to reimbursement by the VILLAGE as hereinafter stipulated. 2. The VILLAGE agrees to approve the plans and specifications by letter or resolution prior to the STATE advertising for the work to be performed hereunder. 3. It is mutually agreed that the proportional participation for the estimated construction costs and engineering costs of this improvement shall be as follows: mprovement State Mormn Grove Other Cos .-- I Cog. Coat j Cost US 14 (Dempsierj at $38,000.00 336,109 00 _ j S 950.00 _ 5950.00 Ozark Av - (Sional upgrades} 90'/° 5 °" o r . o) (25 °b. E ngineerino (4,15 l °) 35,47500 P142.50 i $742.50 (Dempster) at P S-15.000 00 314 o b 0 5375.0 - -- 50 �anem Aem Si nai upgrades; -- 9J 90° +r o °0; 500 Engineering 15/° 9 9 52,19., 70 - S5625- -- SO U„ 14 (Dempster) at -- i S25 ,000.0c I $23,700 00 � s6n5 OG 5625.00 Shp Rd �S al .rpgrades ° r900' 5 %) S93,75 $93.75 TOTAU _ 585,646.25 _ 52,242.50 -- 31,8112° 4 It is mutually agreed that the VILLAGE will reimburse the STATE in an amount equal to the VILLAGE'S share of the actual cost as determined in accordance with Item ,3 above. It is mutually agreed that upon award of the contract for this improvement, the VILLAGE wifi pav to the Department of Transportation of the State of Illinois, in a lump sum from any funds alto ted to ;ne VILLAGE, an amount equal to 80 °t of its obligation incurred under this Agreement and wilt pay to the said Department the remainder of its obligation (including any non- participating costs TOrRA pro)ects) in a lump Sum. upon completion of the orvleel based upon final costs. 5. Upon acceptance by the Departmen= of Transportation of the traffic signal improvement Included herein, the flnancial responsibility for maintenance and electrical energy for the operation of the traffic signals shalt remain as outlined In the current Master Agreement executed betweer, the Village of Morton Grove and the Department of Transportation on .July i, 20'17_ u. The agency performing actual tra is signal maintenance will remain as listed in the Exhlbit.A of the curreni Master Agreement, 7 Payment by the STATE oP any or alk of its share of maintenance and energy costs is contingent upon the STATE receiving adequate funds in its annual appropriation, 8. The STATE retains the rightto control the sequence of timing on the traffic signals. 9. This .Agreement shall be binding upon and inure to the benefit of the parkies hereto, their successors and assigns. Remainder of Page is Intentionally Blank. ATTEST: VILLAGE OF MORTON GROVE By: Dale Cl ERK Village President SEAL S T ATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION By: (Signature; By: John For'mann P P, (Print) Ttle: Deputy Director of Highways, Region One Engineer Date: PLAN, APPROVAL VMHEREAS, In order to facilitate the improvement at the intersections of US 14 (Dempster) at O.-ark, AV, US 14 (Dempster) at Harlem Av and US 14 (Dempster) a: Shermer Rd, Vji AGE 7F MORTON G9C)VE hereby approvos to that portion of the plars and specifications relative to the Village s financial and main enance obhv -aeons des-.dbed herein prlo;, to the STA7EIS advertising f'o ih:; proposed traffic signal improvements at said intersections above. ATTEST. Clerk SEAL APPFI D By_ — — (Signature) Title: Date. Legislative Summary _ Ordinance 13 -18 AN ORDINANCE ADOPTING THE BUDGETS FOR ALL CORPORATE PURPOSES OF THE VILLAGE OF MORTON GROVE AND THE MORTON GROVE LIBRARY, COOK COUNTY, ILLINOIS FOR THE CALENDAR YEAR EFFECTIVE JANUARY 1, 2014, AND ENDING DECEMBER 31, 2014 Introduced: 1 November 11, 20,3 Synopsis: This ordinance formally adopts the Village's 1.014 Budget. Purpose: The 2014 Budget represents the Corporate Authorities' projections of revenue which are expected to become available during fiscal year 2014, as well as recommended expenditures for the Village. Background: The Budget was presented at the November 5, 2013, Village Workshop and discussed and revised thereafter. The formal firstreadin:� of this ordinance is this day, November 11, 2013. A public hearing is scheduled to be held on November 25, 2013. The public notice of the hearing was published in the Pioneer Press newspaper on November 7, 2013, The Budget has been available for inspection at the office of the Village Administrator, the Public Library, and posted on the Village's website since at least November 12, 2013. Budget Summary: Fund Description Budget General Corporate Fund $25,837,850 Motor Fuel Tax Fund 534,700 1 Enhanced 911 Telephone System Fund 250,000 Economic Development Fund 529,556 Commuter Parking Lot Fund 184,200 Fire Alarm Fund 78,200 Seizure Fund 78,050 TIF Fund — Dempster /Waukegan 1,864,900 TIF Fund — Lehigh /Ferris 61029,460 TIF Fund — Waukegan Road 2,171,809 Debt Service Fund 1,957,888 Capital Projects Fund 2,547,000 Enterprise Fund (Water /Sewer; 10,093,258 Enterprise Fund (Municipal Parking) 31,000 Enterprise Fund (Solid Waste) 2,013515 CNA Pension Fund 946,000 Firefighters Pension Fund 2,676,135 Police Pension Fund 3,127,828 Total Budget — Village of Morton Grove $60,951,349 Total Budget — Morton Grove Public Library 3,057,862 Budget Grand Total — Village and Library 564 009211 Administrator ! Approval as presented. Recommendation: Second Reading: Required Special The budget is required to be passed before December 31, 2013 Considerations or Requirements: r °Ai'`� �._.... Respectfully submitted: / %G v 7i Reviewed by �A �'r�� Rya, /.F. Horne, b illag e Administrator l ci esa ioff;nan'tiston, Corporation t omsel Prepared by Remy Navarrete, Finance Director /Treasurer ORDINANCE 13 -18 AN ORDINANCE ADOPTING THE BUDGETS FOR ALL CORPORATE PURPOSES OF THE VILLAGE OF MORTON GROVE AND THE MORTON GROVE LIBRARY, COOK COUNTY, ILLINOIS FOR THE CALENDAR YEAR EFFECTIVE JANUARY 1, 2014, AND ENDING DECEMBER 31, 2014 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, pursuant to Ordinance 97 -53 enacted on the I I`h day of November 1997, the Corporate Authorities of the Village of Morton Grove established by a two- thirds majority vote of the Village Board then holdin4 office, the budget system, all as authorized pursuant to Statute 65 ILCS 5/8 -2 -9.1 and pursuant to said statute and local ordinance, the Village Administrator of the Village. of Morton Grove has previously prepared and compiled the contents of the 2014 Budget and presented said Budget in tentative form for consideration by the Village Board; and WHEREAS, the proposed annual budget has been made conveniently available for public inspection in the Office of the Village Administrator at least by November 12, 2013, such date being at least ten (10) days prior to the date of passage of this Ordinance by the Village Board; and WHEREAS, the Village Board held a public hearing on the proposed annual budget on the 25`n day of November 2013, such date being not less than one week after the proposed budget was made available for inspection; and WHEREAS, notice of such hearing was given by publication in the Pioneer Press Newspaper which is a newspaper of general circulation in the Village, at least one week prior to the time of said hearing; and WHEREAS the budget documents are too voluminous to attach to this ordinance, but comport with the budget recapitulation attached hereto as Exhibit "A ". NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS. SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The annual budget of the Village of Morton Grove, Illinois for the calendar vear beginning January 1, 2014 and ending December 31; 2014, pursuant to the official budget documents currently kept in the Office of the Village Administrator shall be and is hereby adopted. SECTION 3: The Annual Budget of the Morton Grove Public Library for the fiscal year beginning January 1, 2014 and ending December 31, 2014, is attached hereto as Exhibit °B" shall be and is hereby adopted. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 25"1 day of November 2013. Trustee Trustee Trustee Trustee Trustee Trustee Grear Marcus Pietron Thili Toth Whko APPROVED by me this 26a' day of November 2013. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and PILED in my office this 26 "' day of November 2013. Ed Ramos, Village Clerk Village of Morton Grove Cook County, Illinois EXHIBIT "A" VILLAGE OF MORTON GROVE AND MORTON GROVE PUBLIC LIBRARY BUDGET ORDINANCE 13 -18 CALENDAR YEAR JANUARY 1, 2014 TO DECEMBER 31, 2414 RECAPITULATION Fund Description Budget General Corporate Fund $25,837,850 Motor Fuel Tax Fund 534,700 Enhanced 911 Telephone System Fund 250,000 Economic, Development Fund 529,556 Commuter Parking Lot Fund 184.200 Fire Alarm Fund 78,200 Seizure Fund 78,050 TIF Fund — Dempster /Waukegan 1,864,900 TIF Fund — Lehigh/Ferris 6,029,460 TIF Fund — Waukegan Road 2,171,809 Debt Service Fund 1,957,888 Capital Projects Fund 2,5471000 Enterprise Fund (Water /Sewer) 10,093,258 Enterprise Fund (Municipal Parking) 31,000 Enterprise Fund (Solid Waste) 2,013,515 CNA Pension Fund 946,000 Firefighters Pension Fund 2,676,135 Police Pension Fund 3,127,828 Total Budget— Village of Morton Grove $60,951,349 Total Budget— Morton Grove Public Library 3.057.862 Budget Grand Total — Village and Library S 64.009.21 I EXHIBIT "B" MORTON GROVE PUBLIC LIBRARY APPROPRIATIONS AND LEVY CALENDAR YEAR 2014 Revenue Property Tax Receipts Replacement Tax Receipts Fines Lost Book Payment Photocopy /Printing Receipts Miscellaneous Income Audio Visual Rental Receipts Grants interest Income Boole Sale Receipts Donations Expenses (summary) Salaries Other Personnel Expenses Materials / Services Operations Special Taxes Transfer to Other Funds T OTAL Change in Fund Balance Beginning Fund Balance, Jan I Ending Fund Balance, Dec 31 Fund Balance as % of Expenses Note: Fund balances include Special Reserve Fund, 2014 2,967,300 26,800 31,000 1,600 3.500 1,700 800 23.800 500 3.500 500 3,061,000 1,556,000 473.378 568,250 322 Mo 138.034 3,057,862 3.138 ? L15,995 Approved by the Board of Trustees, Morton Grove Pubhc Library, October 1 ?, 2013. 73% L,eaislative Summary ORDINANCE 13 -19 AN ORDINANCE LEVYING AND ASSESSING TAXES FOR THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY I, 2014 AND ENDING DECEMBER 31, 2014 Introduced: Synopsis Purpose: Background: Summary of Appropriations to be levied and Assessed: Administrator Recommendation: Second Reading: Special Considerations or Requirements: November 11. 2013 This ordinance sets the levy for property taxes for tax year 2013 which are collected in 2014. This ordinance must be adopted and filed with the Cook County Clerk in order to levy property taxes within the Village of Morton Grove. Pursuant to Ordinance 13 -18, the Village Board of Trustees passed the 2014 Budget for the Village of Morton Grove and the Morton Grove Public Library. Said budeoet calls for expenditures in the amount of $60,95',349. The amount necessary to be levied for 2013 property taxes is the amount of 511,691,673. By law the Village is required to levy an additional 56,572,558 for debt service payments authorized by general obligation notes and bonds for a total levy before abatement in the amount of 518,264,231. However, the Village Board intends to adopt Resolutions which will immediately abate $5,619,024 from the levy resulting in the net leery as intended by the Corporate Authorities in the amount of 512,645,207. After extensions for loss and cost, the effective result is a 0.0% increase in the Village's portion of the tax levy and a 0.0% increase in the Library's portion of the tax levy, resulting in an overall increase of 0.0% from the requested final extended tax levy from the previous year. Tax Levy Net Fund Requirements Abatements 2613 Levy Corporate IMRF C.N.A. Capital improvements Police Pension Fire Pension Subtotal Debt Service Bonds Notes Total Debt Service TOTAL VILLAGE TAX LEVY LIBRARY COMBINED TOTAL LEVY Approval as presented. Required 54,503,653 s0 $4,503,653 200,000 0 200,000 345,000 0 345,000 50,000 0 50,000 1,728,738 0 1,728,738 1.896.982 0 1,896982 88.724.373 $0 $8.724,37', $5,799,192 (14,867598) $936,594 773.366 (756,426) 16,940 $6.572,558 ($5. 619.024) $953.534 $15,296,931 ($5,679,024) 59,6771907 11967,300 so $ 1967.300 $18,264,231 (55,619,024) 512,645,207 A certified copy of this resolution must be filed with the Cook County Clerk. �i Respectfully submitted ( V/ r• Ihx--" _ _ Ri ). Florne, Village Administrator Reviewed by: _ Prepared Teresa Hoffman Liston, Corporation Counsel Remy Navarrete, Finance Director /Treasurer AN ORDINANCE LEVYING AND ASSESSING TAXES FOR THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS FOR FISCAL YEAR BEGINNING JANUARY 1, 2014 AND ENDING DECEMBER 31, 2014 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, on November 25, 2013, the President and Board of Trustees of the Village passed and approved by roll call vote, the annual Budget Ordinance 13 -18 of said Village for the fiscal year beginning January 1, 2014, and ending December 31, 2014, effective from and after January 1, 2014. The Ordinance was duly signed and approved by the President and Board of Trustees of the Village and attested by the Village Cleric, and thereafter it was duly published in pamphlet form by order of the President and Board of Trustees of the Village; and WHEREAS, a Notice of the Public Hearing for the 2013 Levy was published in the November' 7.,_291 3,, Morton Grove Champion, a Pioneer Press Publication in the time and form as required by the State Statute; and WHEREAS, a Public Hearing was held at 7:00 pm on Monday, November 23 2013, in the Richard T. Flickinger Municipal Center where comments were heard and addressed by the Village Board of Trustees: and WHEREAS, the aforementioned Budget Ordinance, as adopted on November 25, 20.13, provided for a total property tax levy including the total levy for all Debt Service requirements before abatements of EIGHTEEN MILLION TWO HUNDRED SIXTY -FOUR THOUSAND TWO HUNDRED THIRTY -ONE DOLLARS (S 18,264,231); and WHEREAS, the Village will subsequently pass additional resolutions abating tax levies relating to the refunded General Obligation Bonds Series 1999 for ONE MILLION EIGHT HUNDRED FORTY -SIX THOUSAND ONE HUNDRED NINETY DOLLARS (51,846,190), and the refunded General Obligation Bonds Series 2002 for FOUR HUNDRED EIGHTY -SIX THOUSAND FIVE HUNDRED THIRTY -ONE DOLLARS ($486,531) and the share provided for by the Village's Water /Sewer Fund for SEVEN HUNDRED NINTY -SIX THOUSAND TWO HUNDRED TEN DOLLARS (5796;210) and front the proceeds related to the share of the local option sales tax toialina FIVE HUNDRED FIFTY THOUSAND DOLLARS ($550,000), and the share provided for by the Village's Lehigh Ferris Tax Increment Financing Area Funds for SEVEN HUNDRED NINETY -SIX THOUSAND SIX HUNDRED DOLLARS ($796,600), and the share provided for by the Village's Waukegan Road Tax Increment Financing Area Funds for EIGHT HUNDRED SIXTY -SEVEN THOUSAND NINE HUNDI'ED EIGHTY -FOUR DOLLARS ($867,984), and the share provided for by the Deb'_ Service Fund for TWO HUNDRED SEVENTY -FOUR THOUSAND FIVE HUNDRED TEN DOLLARS ($274,510), and an additional ONE THOUSAND DOLLARS ($1,000) from General Village funds accumulated through interest earnings; and WHEREAS, the result of the above abatements will be to reduce the g Toss property tax from. the original EIGHTEEN MILLION TWO HUNDRED SIXTY -FOUR THOUSAND TWO HUNDRED THIRTY -ONE DOLLARS ($18,264 -231). as indicated in this Ordinance, to a net property tax levy of TWELVE MILLION SIX HUNDRED FORTY -FIVE THOUSAND TWO HUNDRED SEVEN DOLLARS ($12,645,207), a reduction of FIVE MILLION SIX HUNDRED NINETEEN THOUSAND TWENTY -FOUR DOLLARS ($5,619,024). NOW, THEREFORE BE IT ORDAINED BY" HE 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 here nabove set forth. SECTION 2: The total amount of appropriations for all corporate purposes legally made and to be collected from the tax levy of 2013 to be collected in 2014 is hereby ascertained to be the sum of EIGHTEEN MILLION TWO HUNDRED SIXTY -FOUR THOUSAND TWO HUNDRED THIRTY - ONE DOLLARS ($18,264,231) of which FIVE MILLION SIX HUNDRED NINETEEN THOUSAND TWENTY -FOUR DOLLARS ($5,619,024) is abated, leaving a net property tax levy of TWELVE MILLION SIX HUNDRED FORTY -FIVE THOUSAND TWO HUNDRED SEVEN DOLLARS ($12,645,207). SECTION 3: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to taw. PASSED this 25 °i day of November 2013 Trustee Trustee Trustee Trustee Trustee Trustee Grear Marcus Pietron Thill Toth Witko APPROVED by me this 25'' day of November 2013 Daniel P. DiMaria, Village President Village of Morton Grove Cools County, Illinois APPROVED and FILED in my office this 26'' day of November 2013. Ed Ramos, Village Clerk Village of Morton Grove Cook County, Illinois REASON FOR ABATEMENT Refunded w /by 2009 Series 0846,190) Village of Morton Grove Refunded wl by 2009A Series (488,531) 2013 Tax Levy Abatement Calculation LF TIF (796,600) (796,600) WK TIF (867,984) (598,088) (269,896) Home Rule Sales Tax (550,000) (550.000) Water Fund Share (796,210; (433,435) (362 725; Build America Bonds Subsidy (74,510) FUND CODE 003 003 003 D03 002 52'1 627 DEBT" STRUCTURE (1,000) G.O. Bonds LFTIF WIT TIF G.C. Bonds GO Bonds WKTIF WKTIF DATE (598,088) (1,184,485) 2/8/1899 1 ill /2007 101112009 4/1/2009 963,534 6d,9,g66.00 ORDINANCE 16939.00 ORD 99 -1 ORD 07 -26 ORD 09 -15 ORD 09 -05 ORD 10 -01 ORD 98 -4t ORD 02 -30 SERIES 1999 2007 2009A _ 2ri 2010kil 1999A 2002 TOTALS TAX LEVY REQUIREMENTS 6,572,558 1,846,190 796,800 598,088 1.733940 8A4.1ti 286835 486531 REASON FOR ABATEMENT Refunded w /by 2009 Series 0846,190) (1,846,190) Refunded wl by 2009A Series (488,531) 86,531) LF TIF (796,600) (796,600) WK TIF (867,984) (598,088) (269,896) Home Rule Sales Tax (550,000) (550.000) Water Fund Share (796,210; (433,435) (362 725; Build America Bonds Subsidy (74,510) p9 A0' Debt Service Fund Balance (200,000) (200,000) - Debt Service Interest Earning (1,000) (1,000) Total Abatements (6619,024) (1,846,190) (796,600) (598,088) (1,184,485) (437,235 (269.896) (486531) NET DEBT SERVICE LEVY 963,534 6d,9,g66.00 -187)4400 16939.00 currucmd 100 Village of Morton Grove 2613 Tax Levy Calculation Plvvlvi Fmooseo 2012 FOND 0002 FUND f 601TiPTYOY OPERATONS TabLevv gvvwrttnantt PAENmas(s Nei 2015 CeuY For LUSS &CNTi in OW'ev, Flnef m9a 201_L' Fini Enenaea Pei ge OFappe Dollar M1fi ivv7110ett nrmllOen' 001 Oorporaie 0011MFF 001 O.NA 065 eapiol impmvunena OW Gmrt'e Pension 00 Fire Pension SLUaei Opeahons S 4,503,653 200,000 945,000 9,000 1,728725 1896982 8724$'/3 S - - - - - 94 160]653 2001000 145,009 50.000 1726736 1896952 BZ24373 $135.110 61000 10,350 1,500 59,862 55 900 2613131 4638 Sob 2061000 955,350 .52500 '.760,500 1953H- 695E 10h $501 L 190POT 257,500 5`..w0 1.515006 1751,000 685]SE% Jl73% 142970 38 MIX 000'6 1525u 1:59Wn 13E% .Ltt,SiR 13C/. BONGS SERIES 003 G0 -B'Das 901 LP Tie 003WKTIF 003 G-,O_BOn[3 003 G,0. Bens Suololal BOnas 1999 2002 20091 2009 7.010 18443,190 296600 596085 1,733940 624375 5790 193 (7646,190) 895 600'I (590.068) (1.184,485) (4-,,7 23b) (q 662596 - I - 549455 181,:40 93659$ - 1 27473 19357 30890 - - - 576,926 4064aT 967.48 - - 658,216 40374E �iSHF 000`6 080% 600% IF 37% 000 "6 ToTo 6F. (1169X1 -IOl6a PURCHASE AGREEMENTS L NOTES 0271EPA 027WKTIF 027 WKTIF 027 FTIF Bu5lohl Pumhase H9lewenl5 1999A 2002 2009E 2861835 456 5a! 973365 (259.5901 (486,531) L756 427) 16939 - 143919 505 - 508 17.447 I]F49 17447 - tppd> 0.00°/. 0,00°., 9.00% 0087 ON)F . olel Debt 6¢rv:ce 9E.5 72558 rGt9.024 S353 534 $.I7,33A $7000692 $1119410 4059Wc (1185:X) 111,37'7 TOTALVILLAG£7MLEW ,515296931 $ (5.61902,0 596/990'- $309,069 59,986915 $9.986976 0.00'/. - 01My, LIBRARY $2967300 $0 52967300 169,010 53056319 33056719 0.60% - 8,00 ^n COMBINED TOTAL LPW $1626423' (5619024) $12645207 $398069 W11 NOROR91NANCR3 COM'DIPA'ff maroRA n': UTRAnON' LIMMIrY I .'W COIL'ORI AH k 4Pl UW,1'URP02'['. LiM B(IN)S N01 2S 'I Or AL DCBT CUVRIWUD I<11ALLIVv CRS, NBA 'I.>MtN'I NC 11A VV N'iTFOY fl ION TOVI ON OR A SS ANDC09'I 1 IAxl,rvv 4250 NCIUMi f) TAX FOR V,p DOLLM4 IO,Y6 cOR2013_ 5 9,]24.2]3 F 115,025 1 34'. S 0,6N 2H 2'67500 5 .,. 2,961.300 6 11501 $ 1151055 W.. £ 11,P6,655 Y 51990.163 S 4250 00% 5 5,704,943 5 773,366 { IO,Y6 1O2l 762530 6,6/2550 % 15065 02x655 ]473 .,. CDRPINLIIT -.i SIS�Ini PORPLY511 �- 5 i8 ,264,231 S ID 70 (r72. y 1N 134 061 8 K17 567 1 1 ROMRSM(Y RIRALI (5619.024) 5 015 22'19 (54930461 30 31 1 ROM COON ) - .NN.'AX LEVI'IDI I I21Y012'i .9781 '+OM CORPORi ATE {9PICW PURPOSC %t2092A2t 5 1264520' $ 4'91 001".. $ :2.041015 PoIi,41 1 IU IV. M I AL IX I INDDU AIVD ABA TED FCR bCI(J JI 'R(tl'OSSiD)R )IU2lY'("AX LLVY li 'nd L'v untlW 113 M,295c = SUM A20VF ADD3 ('i(1 NAI MEN] S 5,615',024 54504E .,. CDRPINLIIT -.i SIS�Ini PORPLY511 �- TUTAL EXRMDL'0 &ABN?GJ $1561129N 616,536A41 Subtotal Opeselio.. 0 9w'04 1 8 K17 567 1 1 ROMRSM(Y RIRALI AY IF. V Y EDIT' ILA ON'! 068% IJ9RARY 3, 0.'L,o1gl 30 31 1 ROM COON ) - .NN.'AX LEVI'IDI I I21Y012'i '+OM CORPORi ATE {9PICW PURPOSC %t2092A2t 6t 1.Y30806 12PIEli I5' A /N..RIeS J OD}5<RIAE) PoIi,41 1 IU 111 DEB' SERVICE ANDI SA }T5 $ti000972 SL .'4CR c_ FROM COKPv I Np_IAXL5 Y JlI'R 1OR R13'f SPSI ''IiA_' &MYR- A,AI( -0BC'RY.ASP) - l0$9 °6 0056319 IV. M I AL IX I INDDU AIVD ABA TED CIIMNINU]TOI N. LF 1' $131043295 113 M,295c = SUM A20VF ADD3 ('i(1 NAI MEN] S 5,615',024 54504E AIRMIMN r 8 4U M'I L 1) t➢ WVNTY TUTAL EXRMDL'0 &ABN?GJ $1561129N 616,536A41 R rF IliSiPI'I4A W,MCI21 ?A9P,r( D) L'RLA9Lj 068% 1'ux'i F.z:wnLVi PoIi,41 1 IU TA1. NM ORMAP.014 NA2iyw PJ2AORAPIII IRRARY 0056319 «ry20M CU1 II�A 'IAY.LfIV3 31A'Uln 30 E39' ml m sDMlsn N'RIMi -Dr 9n 0.05n. PNiACRMI12 TOItJ AM11 AN(N'fY 51519.024 AlkMlIJOC SI2IFRR$9U I A MCRPA9? O1 0il'Y. PAi:AOitMIR MSMFE]'PoTALI LV11CA1LOLA'I RO A130VCi 3 U %P�M )IIj'- ROMCOUNIO 1NAL TAX lLV11C UrPOIN RIPRI3SEN'PSAY INCRE&K rl =C ASE] SU J P U:SIiN'I S A _/ INCI31dALl(ORry$VJiv 0 DO ^/. Leeis[afive Summary -- Ordinance 13 -17 AMENDING TITLE 1, CHAPTERS I THROUGH IOM OF THE VILLAGE OF MORTON GROVE MUNICIPAL CODE Introduced Synopsis Purpose: Background: October 28, 2013 This ordinance is a complete reorganization and rewrite ofTitle 1, of the Village's Municipal Code which governs administration, finance, and taxation matters. . To keep Title 1 current and relevant and to help residents and interested parties find information and requirements, update the Village's purchasing requirements, modernize the powers and authorities of the Village's senior staff (Department Directors), streamline and unify the process for reporting and collecting Village taxes, and compile all Village taxes under the same Title of the Code. This proposed ordinance constitutes a major reformatting and rewriting of the Village's Administrative Chapters. Significant changes to Title I include the following: • Chapter 5 (Village Board of Trustees) The Agenda section has been rewritten to allow Village Board meetings to begin at 6:00 pm in the event the Village President determines an Executive Session may be necessary. The time set aside between 6:00 pm and 7:00 pm shall be exclusively for executive sessions. All other matters will be considered beginning at 7:00 mn. 1 -5 -10 (Appointment of Trustees to fill a vacancy) has been clarified to conform to state statutes. Chapter 8 (Village Employees) has undergone a complete rewrite. The Village Administrator will be authorized to maintain a Personnel Policy Manual which sets forth personnel procedures, policies, and certain rights and obligations of employees. The current code sections on personnel policies were outdated, not in conformance with certain state and federal laws, and in some cases contradicted the Village's Personnel Policy Manual. Chapter 8A (Department Directors) has been reformatted and restructured to set forth the appointment and authorities of Department Directors. Previously, each Department Director's appointment and powers were addressed in separate Articles which, at times, were inconsistent. d Chapter8A -2A was changed to eliminate the residency requirement so long as the Village Administrator lives within fifteen miles of the Village. e The position of the Director of Family and Senior Services was eliminated. Title 8A also provides that in the event a Department Director is absent or unable to continue his /her duties, the Village Administrator may delegate or distribute those duties and authorities. e Chapter 9, (Municipal Finances), was updated and reorganized to be consistent with state. statutes. Board authorization will now be required for purchases in excess of $20,000 (prior Village ordinance and state statute before 2006 required purchases over $10,000 to be approved by the Village Board). Raising this limit will make the Village's procedures consistent with other municipalities and will streamline certain purchasing processes. • Chapter 9 was also updated to include a Conflict of Interest section which prohibits employees from directly or indirectly participating in a purchase or bidding process if he /she or a member of his /her immediate family stands to obtain a tinancial benefit from the bidding process. K The exceptions to the Village's bidding process have been clarified to update the definiti3;n of sole source vendor and to exempt purchases funded through Motor Fuel Tax dollars, and state or federal funds (state and federal processes will supersede the Village's process in these events). Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommendation: Second Reading: Special Considerations or Requirements: Respectfully submitted: Prepared by A section was added to provide a process for bid protests and to require performance bonds for public works of any kind costing over $5,000. The sections defining the determinations of the lowest responsible bidder were modified to give a preference to local businesses whose bids are within 5% or $15,000 (whichever is lower). ® A new section was written to codify the Village's past practice for the sale of surplus property and to establish processes for the purchase or sale of real estate. Chapter 10 has been completely rewritten to implement a uniform system of procedures for the reporting and collection of Village taxes, and to update the section on taxpayer rights and responsibilities. The municipal electric tax was updated to calculate the tax based on current state statutes. It is anticipated this modification will result in increased revenue to the Village of approximately $40,000 and will have minimal impact on local residents and businesses. All Village Department Not applicable Not applicabie The implementation of this ordinance will be performed by the Administration, Legal and Legislative Department as part of their normal work activities. Approval as presented Required — CodeAmendment — November 11,2013 None Administrator Liston, Corporation Counsel 4ti J Y V z V V G Lp _ " r - C _4 C� C G 4` F `� C f.➢.o u C ti v — J S O_11 —. ^4 FI IT oll UO m u W N U L tY r4 i G U 7 V C L U _C J w O p O O no vi F G E y 4 G V G S !J '_ b G •'�- u _ o P' o K u o. 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F [ V C U y v( C G c c J � r r k _ ` v C d c - r O c ^J > O � O C H n lJ p L N O V z 4+. — n F � _ C J _ O � F c c V c' J � r r k _ ` v C d c - r O c ^J > O � O C H n lJ p L N 2 G _ C � G O O T 7 - ' L O C ^1 r '- � E Y � _ F H � G c" c — R Hci _ b F _- _.I O v O LCi U C v - o � u z F � _ � F c' c F C C t C � C w - G o F c� a y C J � C O u c c or c a` r_ c ~ L W 2 G _ C � G O O T 7 - ' L O C ^1 r '- � E Y � _ F H � G c" c — R Hci _ b F _- _.I O v O LCi U C v - o � u o � F C C � F C � u c c or c a` r_ c o a �r ^ - y c v c i Z F =7° c c Gc.ti — O r C L m.� C C C r G v O � 41 V � ! r ,L G o: C C J SECTION 3: the terms and conditions of this ordinance shall be severable and if any section, term, provision, or condition is found to be invalid or unenforceable by any reason by a court of competent jurisdiction, the remaining sections, terms, provisions, and conditions shall remain in full force and effect. SECTION 4: In the event this ordinance or any Code amendment herein is in conflict with any statute, ordinance, or resolution or part thereof, the amendments in this ordinance shall be controlling and shall supersede all other statutes, 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 ill fu11 force and effect. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED THIS llr' day of November 2013. Trustee Trustee Trustee Trustee Trustee Trustee Grear Marcu: Pietron Thill Toth Witko APPROVED by me this I1a' day of November 2013. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 12's day of November 2013. Ed Ramos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Surnmary _Ordinance 13 -20 AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE SECTION 12 -4 -2C REGARDING NON- RESIDENTIAL USES Introduction: Synopsis: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Second Reading: Special Consider or Requirements: IN RESIDENTIAL DISTRICTS (RI, R2, AND R3) November 11. 2013 This ordinance will approve a text amendment o modify allowable uses in residential districts from permitted uses to special uses. Tb change non - residential principal uses from permitted uses to special uses in residential zoning districts so they are consistent with the intent and purpose . of those residential districts in the RI single - family residence, R2 single - family residence and R3 general residence. The Unified Development Code (UDC) is a comprehensive set of regulations for the zoning of land and development of parcels within the Village. The "current changes are proposed to modify allowable uses Houses of worship and uses accessory and incidental thereto on dots less than 3.5 acres and schools, non - boarding elementary, junior high and high on lots of less than 3.5 acres from permitted uses to special uses which will allow the Plan Commission and Village Board to properly review these development proposals on a case -by -case basis in order to insure any potential impacts on adjacent residential uses are minimized. The Plan Commission unanimously recommends approval of these amendments. Building and Inspectional Services and Community and Economic Development Departments N/A N/A These amendments will be. implemented by the Community Development Department and the Building Department in the normal course of business. Approval as presented November 25, 2013 — Municipal Code Book change None _- Submitted by: , Ryan J. Horne, Village Administrator Prepared by: Reviewed by Teresa Hoffman Liston, Corporation Counsel Nancy M. Radzevich, Community and Economic Development Director AN ORDINANCE AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE SECTION 12 -4 -2 -C REGARDING NON-RESIDENTIAL USES IN RESIDENTIAL DISTRICTS (RI, R2, AND R3) WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village continuously reviews and, as it deems necessary, updates existing Municipal Codes to assure they are kept current and relevant; and WHEREAS, the applicant, Village of Morton Grove, has made a proper application to the Plan Commission in case number PC 1')-07 to consider and recommend the adoption of certain text amendments to the Village of Motion Grove Unified Development Code, Section 12-12-4-2 - D to modify allowable uses Houses of worship and uses accessory and incidental thereto on lots less than 3.5 acres and .Schools, nonboarding - elementary, junior high and high on lots of less than 3. S acres from Permitted Uses to Special Uses; and WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public notice duly published in the Niles - Morton Grove Patch, a newspaper of general circulation in the Village of Morton Grove which publication took place on August 29, 2013, and a public hearing conducted on September 15, 2013 and October.' 1. 2013, relative to the above referenced case at which time all concerned parties were given the opportunity to present and express their views for the consideration of the Plan Commission. As a result of said hearing, the Plan Commission made certain recommendations and conditions through a report dated November 5, 2013, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A"; and WHEREAS, the Corporate Authorities have concluded changing non - residential principal uses Houses of worship and uses accessory and incidental thereto on lots less than 3.5 acres and Schools, nonboarding - elementary, junior high and high on lots of less than 3.5 acres from Permitted to Special Uses in residential zoning districts is appropriate and consistent with the intent and purpose of the Residential Districts R1 Single Family Residence, R2 Single Family Residence, and R3 General Residence Districts; and WHEREAS such changing Houses of worship and uses accessory and incidental thereto on lots less than 3.5 acres and Schools, nonboarding - elementary, junior high and high on lots of Mess than 3.5 acres from Permitted Uses to Special Uses will allow the Plan Commission and Board of Trustees to properly review these development proposals, on a case-by-Case basis, to ensure any potential impacts on the adjacent residential uses are minimized, and WHEREAS, the Corporate Authorities have considered this matter at a public meeting and find the text amendment, when evaluated in the context of the Whole Village, serves the public good: and WHEREAS, the Village is desirous of assuring all policies are kept current and relevant. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordnance. as though fully set forth herein, thereby making the findings as hereinabove set forth: SECTION 2: Title 12 entitled Unef ed Development Code, Chapter 4, entitled Zoning Districts, chart 12-4-2-C. entitled Uses of the Municipal Code is hereby amended by modifying this section as follows: C. Uses: Categories of Use _ R -1 R -2 —R -3� _ t Houses of worship and uses accessory and incidental thereto S S S on lots less than 3.5 acres Schools, nonboarding - elementary, junior high and high on S S S 1 lots of less than 3.5 acres PASSED this 25th day of November 2013. Trustee Great Trustee IViarcus Trustee Pietron Trustee Thili Trustee Toth Trustee Witko APPROVED by me this 25th day of November 2013. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and PILED in my office This 26"' day of November 2013. Ed Ramos, Village Clerk Village of Morton Grove Cook County, Illinois From; Commission Report 16, 2013, the Morton Grove Plan Commission held a public Public Nearing request for a Notice and Application how non - residential uses are permitted in The Village of Morton Grove provided Public Notice for PC13 -07 to be heard at the September 16, 2013 Plan Commission public hearing in accordance with a'opiicabie requirements. Pioneer Press, a local newspaper, published a public notice on August 29, 2013. As this request is for a text amendment, not a request for a specific site; neither public notice signs nor notification letters were required. On September 16, 2013, the Morton Grove Plan Commission held a public hearing for PC13 -07, a request for a text amendment to modify how non - residential uses are permitted in residential districts. The Com additional discussio n Public Nearing mission heard the item and continued it to their October 21, 2013 meeting for and consideration. The Village of Morton Grove is the applicant.,,. September 16, 2013 Hearing Dominick Argumedo, Zoning Administrator /Land -Use Planner, presented the application on behalf of the Village, which included a proposed amendment to the Unified Development Code for non- residential principal uses in residential districts R -1, R -2 and R -3. Specifically, the Village proposed amendment to change Houses of worship and uses accessory and incidental thereto on lots less than 3.5 acres, Parks and playgrounds, publicly owner and Schoois, nonboarding - elementary, junlorhigh and high on lots of less than 3.5 acres from permitted uses to a special uses. Mr. Argumedo explained that a permitted use is a use that is permitted by right and is reviewed and approved administratively, while a use that requires a special use is one that permitted in the zoning district, but requires additional review and consideration, on a case by case basis, to ensure that the use will not adversely impact abutting /adjacent uses. Ms. Radzevich, Director of Community and Economic Development, explained that all other non residential principal uses within a residential district already require a special use permit. Commissioner Gabriel stated that a few years ago, the Houses of Worship allowed use was changed from a special use to permitted use. He understood this to was due to a legal necessity that Houses o` worship must be a permitted use in at least one zoning district. Would the Village be out of compliance if the proposed amendment returned Houses of Worship to its previous special use designation? Commissioner Gabriel asked for Corporation Counsel's review of this issue, Commissioner Blonz sought clarification on why parks and playgrounds would need to be a spacial use rather than a permitted use. Commissioner Blonz felt that such a designation would put a burden on the Ran Commission and Parks and Playgrounds through the addition of an eionoated process and public hearing. Ms. Radzevich explained that Parks and Playgrounds were included as a means to bring uniformity to the non - residential uses allowed in the residential districts. Ms. Radzevich noted, however, that as the intent of the amendment is to allow for additional review of uses that might have impacts on residential uses - such as higher parking and traffic demands - she suggested that staff re- examine the reclassification of Parks and Playgrounds, based on the size and /or function of such facilities. As only those Parks and Playgrounds that can accommodate 'larger events, organized sports, etc. would have the potential for having parking and /or traffic challenges. Chairperson Farkas asked if any interested parties wished to speak. There was no response. Chairperson Farkas asked if there was any discussion. Since staff needed research the questions related to the Park and Playground use and the inquiry about Houses of Worship, Commissioner Blonz suggested this case be continued to the October hearing. Ms. Radzevich concurred, and the Commission voted unanimously to continue the hearing to October 21, 2013. October 21, 2013 Hearing Dominick Argumedo, Zoning Administrator /Land -Use Planner, summarized the application and explained that this was the continuation of a hearing opened on September 10, 2013. He stated that since the last meeting, staff had conducted research and review of the proposed ordinance and have determined that any Park and Playground use that might bring additional traffic and /or have a higher intensity use within a residential area would be classified as Recreation Centers which already are classified as special uses versus permitted uses within residential districts. For example, Oriole Park Pool project, which was recently recommended for approval by the Plan Commission, was defined as a Recreation Center. Thus staff agreed that additional review for neighbor hood Parks and Playgrounds is not necessary and as such staff has proposed to amend the application and withdraw the request to change that use classification to a special use. Commissioner Gabriel asked for an update to his previous inquiry regarding Houses o` Worship, and whether it would be legal to change these from permitted to special uses. Terry Liston, Corporation Counsel, spoke to this concern. She stated that while it is true that the law requires Houses of Worship to be an allowed use in at least one zoning district, however, a Special Use designation is a type of a permitted use. Thus the proposed amendment would still be in legal compliance. Commissioner Farkas asked if any interested parties wanted to speak on this application,. No one did. Commissioner Shlmanski inquired about the difference between Recreation Centers and Parks and Playgrounds Mr. Argumedo noted the code did not contain a definition for a Park or a Playground. Ms. Radzevich suggested, with the Commission's support, that Staff will create definitions for Parks and Playgrounds and will include those as a future text amendement. Commissioner Gabriel made a motion to recommend approval of PC13 -07 to change the designation of Houses of worship and uses accessory and incidental thereto on lots less than 3.5 acres and Sch00% nonboarding - elementary, junior high and high on lots of less than 3.5 acres from permitted uses to a special uses in Residential Districts (R1, P.2, and R3) in Section 12 -4 -2 -c of the Unified Development Code. Commissioner Shimanski seconded the motion. The motion carried 7 -0. Leaisiative Surnmary F___ -_ _ Ordinance I3 -21 AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE SECTION 12 -6 REGARDING SITE DEVELOPMENT ALLOWANCES, MODIFICA'T'IONS, AND EXCEPTIONS FOR PLANNED UNIT DEVELOPMENT Introduction Synopsis: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Second Reading: Special Consider or Requirements: November 11, 2013 This ordinance will approve a text amendment to modify density and dimensional controls for which the Village can grant relief for Planned Unit Developments and specifically to allow the Village Board the ability to grant waivers for the density and floor area ratio requirements established in the underlying zoning district. The modification of density and dimensional controls for Planned Unit Developments will allow the Village the ability to grant waivers to the density and floor area ratio requirements established in the underlying zoning districts. The Unified Development Code (UDC} is a comprehensive set of regulations for the zoning of land and development of parcels within the Village. The current changes include density and floor area ratio modifications in the Village's site development allowances, modifications, and exceptions for PUD's will allow developers greater creativity and flexibility in the development or redevelopment of larger properties and create development proposals which better meet the primary goals and objectives of the Village The Plan Commission unanimously recommends approval of these amendments. Building and Inspectional Services and Community and Economic Development Departments N/A N/A These amendments will be implemented by the Community Development Department and the Building Department in the normal course of business. Approval as presented November 25, 2013 — Municipal Code Book change None % r. Submitted by: Ry,dn J. Horne, Village Admitustrator Prepared by: Reviewed by _ Teresa Hoffman Liston, Corporation. Counsel Nancy M. Radzevich, Community and Economic Development Director AN ORDINANCE AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE SECTION I2-6 REGARDING SITE DEVELOPMENT ALLOWANCES, MODIFICATIONS, AND EXCEPTIONS FOR PLANNED UNIT DEVELOPMENTS WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village continuously reviews and, as it deems necessary, updates existing Municipal Codes to assure they are kept current and relevant; and WHEREAS, the applicant, Village of Morton Grove, has made a proper application to the Plan Commission in case number PCli -11 to consider and recommend the adoption of certain text amendments to the Village of Morton Grove Unified Development Code, Section 12 -6 -3 -1) to modify density and dimensional controls for which the Village can grant relief for Planned Unit Developments and specifically to allow the Village Board the ability to grant waivers to the density and floor area ratio requirements established in the underlying zoning district; and WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public notice duty published in the Niles - Morton Grove Patch, a newspaper of general circulation in the Village of Morton Grove which publication took place on August 29, 2013, and a public hearing conducted on September 16, 2013 and October 21, 2013, relative to the above referenced case at which time all concerned parties were given the opportunity to present and express their views for the consideration of the Plan Commission. As a result of said hearing, the Plan Commission made certain recommendations and conditions through a report dated November 5, 2013, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A"; and WHEREAS, the Corporate Authorities have concluded the inclusion of density and floor area ratio modifications in the Village's site development allowances, modifications, and exceptions for Planned Unit Developments will allow developers greater creativity and flexibility in the development or redevelopment of larger properties and create development proposals which better meet the goal and objects of the Village; and WHEREAS, the Corporate Authorities have concluded that such changes to the provisions of Section 12 -6 -3 -1) of the Unified Development Code are consistent with purpose and intent of the planned Unit Development special use permit and will encourage development that is in the public interest and can provide a public benefit that otherwise would not be achieved if all dimensional and density controls of the underlying zoning district were strictly adhered to; and WHEREAS. the Corporate Authorities have considered this matter at a public meeting and find the text amendment, when evaluated ill the context of the whole Village, serves the public. good;and WHEREAS, the Village is desirous of assuring all policies are kept current and relevant. NOW, THEREFORE, DE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTS', 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 hereh.above set forth: SECTION 2: Title 12 entitled Unified Development Code, Chapter 6, entitled Planned Unit Developments, paragraph 12 -6 -3 -E entitled Site Development Allowances, Modif cations, Exceptions of the Municipal Code is hereby amended by modifying this section as follows: E. Site Development Allowances, Modifications, Exceptions: Except as otherwise expressly provided in the ordinance granting and approving the planned unit development, all planned unit developments shall comply with all regulations and standards governing the zoning, use and development of the site. G/R toniilyr- 3iEt i58' St}13.>@ctk8i3- E —of +rzh=s -•n flag -- 8izd— ?�ovr-iiia--i- &c}e; -@�c @pt$kLetS The plan commission may recommend and the village board of trustees may approve other such modifications and exceptions and may impose additional restrictions and conditions from regulations governing etheF -- � 441ecr a F it- fela4ve setback, height, off street panting and loading, screening, lighting, signage; and subdivision design standards, density and floor area ratio. PASSED this 25 ®' day of November 2013. Trustee Trustee Trustee Trustee Trustee Trustee Grear Marcus Pietron Thill Toth Witko APPROVED by me this 25 "i day of November 2013, Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office This 26'h day of November 2013. Ed Ramos, Village Clerk Village of Morton Grove Cook County, Illinois 11age of Morton Grove Department of Community Development To: Village President and Hoard of Trustee=s From: Ronald L. Farkas, Chairman, Plan Commission Nancy M. Radzevich, AICP, Community and Economic Development Director / Dominick Argumedo, AICP, Zoning Administrator /Land -Use Planner Commission Report Public Hearing Notice and Application The Village of Morton Grove provided Public Notice for this application to be heard at the October 21, 2013 Plan Commission public hearing in accordance with applicable requirements. Pioneer Press, a local newspaper, published a public notice on September 25, 2013. As this request is for a text amendment, not a request for a specific site, neither public notice signs nor notification letters were required. On October 21, 2013, the Morton Grove Plan Commission conducted a public hearing for PC13 -11, a request far a text amendment to modify the types and extent of waivers and approvals that can be approved by the Board of Trustees through the Planned Unit Development permit process. The Village of Morton Grove is the applicant. Public Hearing — Staff Overview Dominick Argumedo, Zoning Administrator /Land Use Planner, presented the application on behalf of the Village. He explained that a Planned Unit Development (PUD) is a form of a special use permit that allows the Village Board to approve a projp ect in the public Interest of the community that may otherwise not be approved if held to the strict standards and regulations of the underlying zoning district. Currently, the PUD section of the Municipal Code (Chapter Y of Title 12), allows the Board of Trustees to grant certain waivers to certain zoning standards such as height, setbacks, off- street parking and ioadingr screening, lighting, signage and subdivision design standards. However, the Code does not allow the Board to grant exceptions for density or Floor Area Ratio (FAR). Mr. Argumedo explained the proposed amendment would allow the Village Board to have additional discretion when reviewing and approving PUD applications and give them the authority to grant waivers to density and FAR provisions, on a case -by -case basis. The current code, which does not allow for any discretion as to density and FAR, is inconsistent with PUD ordinances in surrounding communities. Per. Argumedo noted that the PUD process, like all other special use permits, must follow the procedural control process and be presented to the Plan Commission for public hearing and recommendation to the Board of Trustees. Through this process, where defined standards need to be met before a project can be approved, the necessary review process exists to ensure that a project provides a public benefit, is in line with the Village's vision, and includes provisions to minimize any potential impacts on abutters. Public Hearing — Applicant Presentation Chairman Farkas asked if the C/R Commercial Residential density, Staff noted that this is the only district that currently density. As the Village most recently established this district pedestrian area, such a flexibility allowance clearly depicts density modifications can be appropriate for certain projects. District allows PUD allowances for allows the Board to grant waivers to vith a vision to create a denser more the Board's understanding of how Terry Liston, Corporation Counsel, noted that a Planned Unit Development, by its nature, is a process of some give and take; the modifications of regulations to exceed limits can be granted for provided public benefits. Nancy Radzevich, Director of Community and Economic Development, noted that each zoning district sets a minimum lot size limit for a project to be eligible for the PUD process; PUD proposals are only eligible for larger parcels. The very intent of the PUD process is to encourage greater creativity on larger scale development sites and allowing the developer to apply for and the Board to grant density and FAR waivers further promotes that intent. In addition, a PUD application requires that a traffic study be part of the development review process, so any potential traffic and /or parking challenges, associated with the density or FAR waiver, will be reviewed as part oi" the overall process. Commissioner Gabriel asked about other municipalities and how they regulate PUDs, whether this is in line with them. Ms. Radzevich noted this proposal is in line with neighboring communities. With the Village's PUD regulations requiring traffic studies and an application that addresses other potential impacts such as on public services, along with the standards for review in the Unified Code, there is a built in review process to ensure such waivers are appropriate at particular site /location. Commissioner Shimanski made a motion to recommend approval of approve the text amendment as presented by staff. Commissioner Gabriel seconded the motion. The Plan Commission voted unanimously in favor of the motion (7 -0).