Board of Trustees

TUESDAY, JANUARY 17, 2012 – 8:00 P.M. 1. Pledge of Allegiance led by Village Clerk, Marlene Williams. 2. Call meeting to order and roll call. 3. Approve Consent Agenda. * 4. Approve, as submitted, minutes of regular meeting held January 3, 2012. * 5. Approve Voucher List #17-FY12 of January 17, 2012. * 6. Proclamations and Resolutions. A. Proclamation: National Burn Awareness Month – February 2012 7. Recognition, Presentations and Awards. * 8. Appointments, Reappointments and Resignations. A. Appointment: Consumer Affairs Commission (Two-Year Term): Harshad C. Shah B. Reappointments: Board of Health: Dr. A. Michael Drachler (Two-Year Term, One-Year Term as Chair) Consumer Affairs Commission (Two Year Term): Howard S. Meyer Human Relations Commission (Three-Year Term, One-Year Term as Chair): James O. Coney 9. Report of the Village Manager. A. Downtown Skokie – Grant for Rehabilitation of 4843 Oakton Street. 10. Report of the Corporation Counsel. CONSENT: *A. A resolution approving a plat of subdivision for the property located at 9300-9350 Weber Park Place, Skokie, Illinois in an R2 Single-Family Residential district (2010-36P). This item is on the consent agenda for first reading and adoption. * B. An ordinance amending the zoning map with regard to the property located at 9300-9350 Weber Park Place, Skokie, Illinois from an R2 Single-Family Residential district to a B2 Commercial district (2010-37P). This item is on the consent agenda for second reading and adoption. *C. An ordinance vacating an unopened and unimproved portion of the north-south residential alley in the 9500 block bounded by Golf Road, LeClaire Avenue, Foster Street and Leamington Avenue, in an R2 Single-Family residential district (2011-27P). This item is on the consent agenda for second reading and adoption. * D. An ordinance approving modifications to the previously approved special use permit for the bank with a drive-through facility at 4200 Dempster Street, Skokie, Illinois in a B2 Commercial district and the repeal of Village Ordinance Numbers 78-6-Z-1092 and 89-2-Z- 2011 (78-7P). This item is on the consent agenda for second reading and adoption. SECOND READING: E. An ordinance amending the zoning map with regard to the property located at 5116 Suffield Court, Skokie, Illinois from an R2 Single-Family Residential district to an R3 Combined Housing district (2011-18P). This item is on the agenda for second reading and adoption. 394465  F. An ordinance granting site plan approval for the establishment of a two-unit congregate living facility at 5116 Suffield Court, Skokie, Illinois in an R3 Combined Housing district (2011-19P). This item is on the agenda for second reading and adoption. 11. Unfinished Business. 12. New Business. 13. Plan Commission. 14. Citizen Comments. 15. Adjournment. 394465  WHEREAS, hot water scalds are the leading cause of burns to young children. The vast majority of these burn injuries are preventable; and WHEREAS, when using tap water, turn on the COLD water first, then add the HOT water and adjust the temperature; and WHEREAS, always test young children’s bath before using. When bathing children, never leave them unattended, as they may turn on the hot water, or slip in your absence; and WHEREAS, be very careful when drinking HOT liquids, especially around children. At 140 F, it takes less than five seconds to get a third degree burn; and WHEREAS, playing with matches and lighters is one of the leading causes of fire deaths to young children; and WHEREAS, matches and lighters are tools for grownups, and not toys to be played with. Reinforce the concept that like power tools, lighters have specific uses, like lighting candles, or fireplaces; and WHEREAS, cooling a burned area will lesson the severity of the injury, if the procedure is performed immediately following the burn incident. A burn should be flushed with cool water for 10 to 15 minutes. Never use ice or ointments; and WHEREAS, call 911 if there is a severe burn. NOW, THEREFORE, I, GEORGE VAN DUSEN, Mayor of the Village of Skokie, do hereby proclaim the month of February 2012, as “NATIONAL BURN AWARENESS MONTH” in the Village of Skokie, and do urge every resident of the Village of Skokie to observe this month by individual attention to the cause of fires and burn injuries. Dated this 17th day of January 2012 ___________________________________ George Van Dusen Mayor Attest: _________________________ Marlene Williams, Village Clerk VOSDOCS-#181149-v1-proc__national_burn_awareness_week  JPH: *1/17/12 A PC: 2010-36P THIS RESOLUTION MAY BE CITED AS VILLAGE RESOLUTION NUMBER 12-1-R- A RESOLUTION APPROVING A PLAT OF SUBDIVISION FOR THE PROPERTY LOCATED AT 9300-9350 WEBER PARK PLACE, SKOKIE, ILLINOIS IN AN R2 SINGLE-FAMILY RESIDENTIAL DISTRICT 1 WHEREAS, the owner of substantially the following described real property: 2 WEBER CENTER SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF 3 SECTION 16, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, ALL 4 IN COOK COUNTY, ILLINOIS. 5 PARCEL 1: 6 PLAT OF CONSOLIDATION RECORDED SEPTEMBER 2, 1994 AS DOCUMENT NO. 94775792 BEING 7 THAT PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 41 8 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: 9 BEGINNING AT A POINT ON THE EAST LINE OF THE WEST 7 ACRES OF SAID EAST HALF OF THE 10 NORTHEAST QUARTER, SAID POINT BEING 174.0 FEET NORTH OF THE CENTERLINE OF 11 CHURCH STREET, ALSO BEING THE SOUTHWEST CORNER OF LOT 408 OF CHURCH STREET 12 AND GROSS POINT ROAD "L" TERMINAL SUBDIVISION RECORDED MAY 16, 1925 AS DOCUMENT 13 NO. 8913789; THENCE NORTH ALONG THE WEST LINE OF SAID SUBDIVISION, BEING THE EAST 14 LINE OF AFORESAID WEST 7 ACRES, 651.11 FEET, MORE OR LESS, TO THE MOST NORTHERLY 15 CORNER OF LOT 409 IN SAID CHURCH STREET AND GROSS POINT ROAD "L" TERMINAL 16 SUBDIVISION; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID 17 SUBDIVISION AND ALSO ALONG THE NORTHEASTERLY LINE OF THE SUBDIVISION OF LOTS 453 18 AND 454 OF CHURCH STREET AND GROSS POINT ROAD "L" TERMINAL SUBDIVISION, AS 19 RECORDED NOVEMBER 18, 1925 AS DOCUMENT NO. 9100545, 1003.50 FEET, TO THE 20 NORTHWESTERLY LINE OF GROSS POINT ROAD, BEING THE MOST EASTERLY CORNER OF LOT 21 468 IN AFORESAID SUBDIVISION OF LOTS 453 AND 454; THENCE SOUTHWESTERLY ALONG THE 22 SOUTHEASTERLY LINE OF LOTS 468 THROUGH 462, ALSO BEING THE NORTHWESTERLY LINE 23 OF GROSS POINT ROAD (IN 1925), 207.92 FEET, MORE OR LESS, TO AN INTERSECTION WITH 24 THE NORTH LINE OF CHURCH STREET; THENCE WEST ALONG THE NORTH LINE OF CHURCH 25 STREET, 421.43 FEET, TO THE EAST LINE OF BRONX AVENUE (WEBER PARK PLACE); THENCE 26 NORTH ALONG THE EAST LINE OF BRONX AVENUE (WEBER PARK PLACE), 134.00 FEET; 27 THENCE WEST PARALLEL TO THE NORTH LINE OF CHURCH STREET, 246.93 FEET, TO THE 28 POINT OF BEGINNING (EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL AS 29 TAKEN FOR ROADWAY PURPOSES: BEGINNING AT THE SOUTHEAST CORNER OF LOT 462 OF 30 SAID SUBDIVISION OF LOTS 453 AND 454 OF CHURCH STREET AND GROSS POINT ROAD "L" 31 TERMINAL SUBDIVISION OF LOTS 453 AND 454 OF CHURCH STREET AND GROSS POINT ROAD 32 "L" TERMINAL SUBDIVISION, BEING THE INTERSECTION OF THE NORTH LINE OF CHURCH 33 STREET AND THE NORTHWESTERLY LINE OF GROSS POINT ROAD; THENCE WEST ALONG THE 34 NORTH LINE OF CHURCH STREET, 10.0 FEET; THENCE NORTHEASTERLY ALONG A LINE 35 FORMING AN ANGLE OF 144º37'50" TO THE RIGHT OF A PROLONGATION OF THE LAST 36 DESCRIBED LINE, 9.74 FEET (MEASURED 9.80 FEET) THENCE NORTHEASTERLY PARALLEL TO 37 AND 5 FEET NORTHWESTERLY OF THE NORTHWESTERLY RIGHT OF WAY OF GROSS POINT 38 ROAD (IN 1925), 204.20 FEET (MEASURED 204.68 FEET) TO A POINT ON THE NORTHEASTERLY 39 LINE OF LOT 468 IN SAID SUBDIVISION; THENCE SOUTHEASTERLY ALONG SAID Page 1 of 5 VOSDOCS-#393618-v1-Resolution__2010-36P__Subdivision__9300-9350_Weber_Park_Place  1 NORTHEASTERLY LINE OF LOT 468, 5.0 FEET, TO THE MOST EASTERLY CORNER THEREOF; 2 THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF LOTS 468 THROUGH 462, 3 207.92 FEET, MORE OR LESS, TO THE POINT OF BEGINNING), ALL IN COOK COUNTY, ILLINOIS. 4 5 PARCEL 2: 6 THAT PART OF THE SOUTHWEST 10 ACRES OF LOT 3 LYING NORTHWEST OF THE CENTERLINE 7 OF THE ROAD (EXCEPT THAT PART COMMENCING AT A STAKE AT THE INTERSECTION OF THE 8 CENTERLINE OF CHURCH ROAD (CHURCH STREET) AND A LINE 148.5 FEET WEST OF THE EAST 9 LINE OF THE NORTHEAST QUARTER OF SECTION 16; THENCE NORTH 52º WEST FROM THE 10 SOUTH LINE OF THE NORTHEAST QUARTER 298.98 FEET FOR A POINT OF BEGINNING; THENCE 11 CONTINUING NORTH 52º06'05" WEST 303.97 FEET TO A POINT ON THE EAST LINE OF VACATED 12 LAMON AVENUE; THENCE NORTH 30º EAST 272.48 FEET; THENCE SOUTH 36º38'15" EAST 347.28 13 FEET TO THE CENTERLINE OF GROSSE POINT ROAD (GROSS POINT ROAD); THENCE SOUTH 14 36º45'00" WEST 176.88 FEET TO THE POINT OF BEGINNING) ALL IN LOT 3 IN COUNTY CLERK'S 15 DIVISION OF SECTION 16, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE 3RD PRINCIPAL 16 MERIDIAN RECORDED APRIL 30, 1879 IN BOOK 14, PAGE 55, BOUNDED AND DESCRIBED AS 17 FOLLOWS: 18 19 BEGINNING AT THE WESTERLY MOST CORNER OF THE EXCEPTION TO THE SOUTHWEST 10 20 ACRES AS DESCRIBED ABOVE, SAID POINT ALSO BEING ON THE NORTHEAST LINE OF PARCEL 21 1; THENCE NORTH 30º15'52" EAST ALONG THE NORTHWESTERLY LINE OF SAID EXCEPTION, A 22 DISTANCE OF 30.30 FEET TO A LINE 30.00' NORTHEASTERLY OF AND PARALLEL WITH THE 23 NORTHEASTERLY LINE OF PARCEL 1; THENCE NORTH 51º37'30" WEST ALONG THE LAST 24 DESCRIBED LINE, A DISTANCE OF 234.71 FEET; THENCE SOUTH 38º22'30" WEST, A DISTANCE 25 OF 30.00 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL 1 THENCE SOUTH 51º37'30" 26 EAST ALONG THE LAST DESCRIBED LINE, A DISTANCE OF 238.99 FEET TO THE POINT OF 27 BEGINNING, ALL IN COOK COUNTY, ILLINOIS. 28 29 PINS: 10-16-224-001-0000 & 10-16-204-021-0000 30 more commonly known as 9300-9350 Weber Park Place, Skokie, Illinois (hereinafter the 31 “Subject Property”) in an R2 Single-Family Residential district, petitioned the Village of 32 Skokie for a subdivision of the Subject Property for the purpose of consolidating the multiple 33 lots into one lot, as shown on the “Weber Center Subdivision“ plat, dated January 12, 2011, 34 revised September 22, 2011, a copy of which is marked as Exhibit “1” and attached hereto; 35 and 36 WHEREAS, subsequent to the subdivision of the Subject Property, the legal 37 description of the Subject Property will be as follows: 38 WEBER CENTER SUBDIVISION BEING A PART OF THE EAST HALF OF THE NORTHEAST 39 QUARTER OF SECTION 16, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL 40 MERIDIAN, ALL IN COOK COUNTY, ILLINOIS. 41 more commonly known as 9300-9350 Weber Park Place; and 42 WHEREAS, the Skokie Park District originally proposed to acquire a Village owned 43 parcel of land adjacent to the park facility to construct an addition to the north side of their 44 Skatium Ice Center and to build a parking lot for its employees; and 45 WHEREAS, the subdivision is also necessary to bring the property into compliance 46 with the Skokie Village Code; and Page 2 of 5 VOSDOCS-#393618-v1-Resolution__2010-36P__Subdivision__9300-9350_Weber_Park_Place  1 WHEREAS, the Skokie Plan Commission, after a public hearing duly held January 2 20, 2011 voted to recommend to the Mayor and Board of Trustees that the requested 3 subdivision be granted subject to the conditions stated in the Plan Commission Report 4 dated February 22, 2011; 5 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on 6 February 22, 2011, concurred in the aforesaid recommendation of the Skokie Plan 7 Commission; 8 WHEREAS, subsequent to approval of the Plan Commission recommendation, the 9 Skokie Park District determined that the new parking lot was not necessary and they would 10 not acquire the land, however, the subdivision is still necessary and has been modified to 11 reflect this change; 12 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the 13 Village of Skokie, Cook County, Illinois: 14 Section1: That the requested subdivision of the Subject Property, legally 15 described above and commonly known as 9300-9350 Weber Park Place, Skokie, Illinois, be 16 and the same is hereby, approved subject to the following conditions: 17 1. The Subject Property shall be subdivided pursuant to the Weber Center 18 Subdivision dated January 12, 2011, and last revised September 22, 2011, and 19 as may be further revised with the approval of the Village Manager, or designee, 20 and Corporation Counsel; 21 2. Upon the passage of the ordinance by the Board of Trustees, the Mylar of the 22 Weber Center Subdivision shall be submitted to the Village with all signatures 23 other than Village staff or elected officials; 24 3. The Weber Center Subdivision shall be effective upon its recording by the 25 Village in the Office of the Recorder of Deeds of Cook County, Illinois; 26 4. All monuments shall be set no later than 1 year after the date of the recording of 27 the plat; 28 5. The petitioner shall submit to the Planning Division electronic files of the plat of 29 subdivision in approved and finalized form. The files shall be scaled drawing 30 files in AutoCAD format (version 2010 or older). The drawings shall be 31 formatted to SPCS, NAD83, HARN 2007, with SPCS north being straight up, 32 and the primary units in U.S. Survey Feet. All elements shall be contained 33 within a single file, no XREF or PDF attachment files shall be used; 34 6. If work is to be performed on public property or if public property is utilized or 35 impacted during construction and or development, the owner shall provide, or 36 shall cause the developer and/or contractor to provide, the Village of Skokie with 37 a certificate of insurance naming the Village of Skokie as additionally insured for 38 any and all claims related to any and all work. The owner shall hold, and shall 39 cause the developer and/or contractor to hold, the Village of Skokie harmless 40 and indemnify the Village for any and all claims for property damage or personal 41 injury related to work on or use of public property; and Page 3 of 5 VOSDOCS-#393618-v1-Resolution__2010-36P__Subdivision__9300-9350_Weber_Park_Place  1 7. The petitioner shall comply with all Federal and State statutes, laws, rules and 2 regulations and all Village codes, ordinances, rules, and regulations. 3 Section 2: That the “Weber Center Subdivision” plat dated January 12, 2011, and 4 last revised September 22, 2011, attached hereto and marked as Exhibit “1”, be and the 5 same is hereby accepted and shall be recorded at the Petitioner’s expense with the Cook 6 County Recorder of Deeds Office. 7 Section 3: That a notice of the enactment of this Resolution incorporating the 8 conditions contained herein shall be approved by the owner of the property in writing and 9 duly recorded with the Cook County Recorder of Deeds Office at the owner’s expense. 10 Section 4: That this Resolution shall be in full force and effect from and after its 11 passage, approval and recordation as provided by law. 12 PASSED this day of January, 2012. 13 14 Ayes: 15 Nays: Village Clerk 16 Absent: 17 Approved by me this day of 18 Attest: January, 2012. 19 20 21 22 Village Clerk Mayor, Village of Skokie 23 24 25 Page 4 of 5 VOSDOCS-#393618-v1-Resolution__2010-36P__Subdivision__9300-9350_Weber_Park_Place  Exhibit 1 Page 5 of 5  JPH: *1/17/12 B PC: 2010-37P THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 12-1-Z- AN ORDINANCE AMENDING THE ZONING MAP WITH REGARD TO THE PROPERTY LOCATED AT 9300-9350 WEBER PARK PLACE, SKOKIE, ILLINOIS FROM AN R2 SINGLE-FAMILY RESIDENTIAL DISTRICT TO A B2 COMMERCIAL DISTRICT 1 WHEREAS, the owner of substantially the following described real property: 2 LOT 1 IN WEBER CENTER SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHEAST 3 QUARTER OF SECTION 16, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL 4 MERIDIAN, ALL IN COOK COUNTY, ILLINOIS. 5 PINS: 10-16-224-001-0000 & 10-16-204-021-0000 (part of) 6 commonly known 9300-9350 Weber Park Place, Skokie, Illinois (hereinafter “Subject 7 Property”), petitioned the Village of Skokie to reclassify the zoning of the Subject Property 8 from an R2 Single-Family Residential district to a B2 Commercial district; and 9 WHEREAS, the Subject Property is currently developed as a public recreation facility 10 containing the Weber Leisure Center, Skatium Ice Arena, Fitness First!, and a clinic, 11 Accelerated Rehabilitation Center; and 12 WHEREAS, the trend of development in the general area of the Subject Property 13 has been more toward commercial and residential uses than those allowed in the existing 14 zoning; and 15 WHEREAS, some of the current uses of the Subject Property are inconsistent with 16 the existing zoning; and 17 WHEREAS, the Community Development Department staff is supportive of the 18 zoning change and rezoning the property from an R2 Single-Family Residential district to a 19 B2 Commercial district will bring the existing uses more closely into conformance with the 20 Zoning chapter of the Village Code; and 21 WHEREAS, the Skokie Plan Commission, after public hearing duly held on January 22 20, 2011, (i) determined that proper notice had been given; (ii) made the appropriate 23 findings of fact in the affirmative as required under Section 118-32 of the Skokie Village 24 Code and (iii) voted to recommend to the Mayor and Board of Trustees that the requested 25 zoning reclassification be granted and the Official Zoning Map of the Village of Skokie be 26 amended to reflect this reclassification; and 27 WHEREAS, the Mayor and Board of Trustees, after public meeting duly held on 28 February 22, 2011, concurred in the aforesaid recommendation of the Plan Commission; Page 1 of 2 VOSDOCS-#393640-v1-Ordinance__2010-37P__Zoning_Map_Amendment__R2_to_B2__9300-9350_Weber_Park_Place  1 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the 2 Village of Skokie, Cook County, Illinois: 3 Section 1: That the zoning of the Subject Property legally described above and 4 commonly known as 9300-9350 Weber Park Place, Skokie, Illinois, be and the same is 5 hereby reclassified from an R2 Single-Family Residential district to a B2 Commercial 6 district. 7 Section 2: That the Official Zoning Map of the Village of Skokie be and the same 8 is amended to reflect this reclassification. 9 Section 3: That a notice of approval of this Ordinance incorporating the 10 conditions contained herein shall be executed by the owner of the property in writing and 11 duly recorded with the Cook County Recorder of Deeds office at the owner’s expense. 12 Section 4: That this Ordinance shall be in full force and effect from and after its 13 passage approval and recordation as provided by law. 14 ADOPTED this day of January, 2012. Ayes: Nays: Village Clerk Absent: Attested and filed in my Approved by me this day of office this day of January, 2012. January, 2012. Mayor, Village of Skokie Village Clerk 15 Page 2 of 2 VOSDOCS-#393640-v1-Ordinance__2010-37P__Zoning_Map_Amendment__R2_to_B2__9300-9350_Weber_Park_Place  JPH: *1/17/12 C PC: 2011-27P THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 12-1-Z- AN ORDINANCE VACATING AN UNOPENED AND UNIMPROVED PORTION OF THE NORTH-SOUTH RESIDENTIAL ALLEY IN THE 9500 BLOCK BOUNDED BY GOLF ROAD, LECLAIRE AVENUE, FOSTER STREET AND LEAMINGTON AVENUE, IN AN R2 SINGLE-FAMILY RESIDENTIAL DISTRICT 1 WHEREAS, the Community Development Department is continuing the alley 2 vacation program that was initiated in 2002, in which the Village of Skokie (the “Village”) 3 vacates unopened and unimproved residential alleys that are unnecessary for Village 4 transportation and access needs; and 5 WHEREAS, the alleys to be vacated were dedicated along with the original 6 subdivisions, however, they were never improved when the homes were constructed, and 7 the Village does not have any intent to open or improve them; and 8 WHEREAS, the alley vacation program benefits both property owners, by receiving 9 increased land area that will potentially increase the value and development potential of 10 their property, and the Village by reducing maintenance costs; and 11 WHEREAS, the alley to be vacated is the northernmost 478.00 feet of the 12 unimproved 16-foot wide north-south alley in the 9500 block between LeClaire Avenue and 13 Leamington Avenue (the “Subject Property”); and 14 WHEREAS, the south 108.88 feet of the north-south alley is not proposed to be 15 vacated at this time and will continue to function as an open, improved alley providing 16 access to a garage behind the residence at 9508 LeClaire Avenue; and 17 WHEREAS, the Subject Property is depicted on the Plat of Vacation, dated 18 September 16, 2011, a copy of which is attached hereto as Exhibit “A”; and 19 WHEREAS, the Subject Property is located in an R2 Single-Family Residential 20 district within an area bounded by Golf Road, LeClaire Avenue, Foster Street and 21 Leamington Avenue and is described in Exhibit “B” attached hereto; and 22 WHEREAS, the nature and extent of the public use or public interest to be 23 subserved in the Subject Property shall warrant the vacation of the same; and 24 WHEREAS, the title and ownership of the portion of the Subject Property to be 25 vacated shall, pursuant to 65 ILCS 5/11-91-2, vest in equal proportions to the abutting 26 property owners as identified by the Permanent Index Numbers (hereinafter “PIN”) and are 27 listed by PIN block numbers in Exhibit “B” attached hereto; and Page 1 of 4 VOSDOCS-#393558-v1-Ordinance__2011- 27P__Alley_Vacation__Portion_of_Alley__9500_block_between_LeClaire_&_Leamington  1 WHEREAS, the only structure that may be built on the vacated alley is a fence, and 2 that any and all structures built or maintained by the property owners are done so at the 3 property owner’s risk. The Village will have the right to enter upon vacated alleys and may 4 damage or remove the structure, should the Village need to access the area covered by the 5 easement; and 6 WHEREAS, the Village will remove any existing alley aprons and restore parkways, 7 sidewalks and any curbs, if necessary; and 8 WHEREAS, a permanent public easement for drainage purposes shall be 9 maintained by the Village, as well as easements for Village and Village-franchised public 10 utilities will remain over the entire area to be vacated; and 11 WHEREAS, during an inspection of the Subject Property, a shed was discovered in 12 the alley behind 9554 LeClaire Avenue. The shed had been constructed without a permit 13 and the property owner was notified that the plat of vacation would not be recorded until the 14 shed was removed from the portion of the right of way that would be vested to the neighbor 15 at 5117 Golf Road; and 16 WHEREAS, no compensation shall be paid by the owners of the abutting properties 17 for the value of the real estate which may accrue to them by reason of the enactment of this 18 Ordinance, since it has been determined that the vacation of alleys and the vacated portion 19 will benefit both residents and the Village; and 20 WHEREAS, the abutting property owners of the Subject Property were duly notified 21 of the Skokie Plan Commission proceedings and presented no objection to the proposed 22 vacation; and 23 WHEREAS, at a public hearing of the Skokie Plan Commission, duly held on 24 October 20, 2011, for which proper legal notice had been achieved, several interested 25 parties spoke: 26 (i) several parties were concerned about the effect the alley vacation would 27 have on their property taxes. They were informed by the Plan Commission 28 that there has not been evidence of an impact on property taxes based on 29 the land received from previous alleys vacated as part of the program; 30 (ii) the resident at 9508 LeClaire Avenue asked for documentation about how 31 the alley behind his property would be divided. Staff replied that the 32 section of alley behind his property would remain a dedicated alley; 33 (iii) several parties asked how the utility companies would be able to service 34 the overhead utility lines and poles if the alley no longer existed. The Plan 35 Commission replied that an easement would be established to give the 36 utilities the right to access the lines, and the utility companies would 37 access the lines by walking through the yards; 38 (iv) another party was concerned about who would be responsible for replacing 39 a fence he was proposing to build in the easement if it needed to be 40 removed to work on utilities. Staff replied that the utility companies would Page 2 of 4 VOSDOCS-#393558-v1-Ordinance__2011- 27P__Alley_Vacation__Portion_of_Alley__9500_block_between_LeClaire_&_Leamington  1 probably not restore the fence and that while placing the fence in the 2 easement was permitted, it was done so at the risk of the property owner; 3 (v) another party stated she had an existing fence along her rear property line 4 and asked whether she could leave it in place. The Plan Commission 5 responded that she had the option of leaving the fence where it was or 6 moving it to her new property line; and 7 WHEREAS, after hearing all testimony, the Skokie Plan Commission: (a) made the 8 appropriate findings of fact as required under Section 118-32 of the Skokie Village Code 9 and (b) voted to recommend to the Mayor and Board of Trustees that the Subject Property 10 be vacated, subject to the conditions set forth in the Plan Commission Report dated 11 December 5, 2011; and 12 WHEREAS, the Mayor and Board of Trustees of the Village of Skokie, at a public 13 meeting duly held December 5, 2011, concurred in the recommendation of the Skokie Plan 14 Commission; 15 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the 16 Village of Skokie, Cook County, Illinois: 17 Section 1: That the following portion of the alley, commonly described below, and 18 legally described in Exhibit “B” attached hereto, as depicted on the Plat of Vacation, dated 19 September 16, 2011, a copy of which is attached hereto as Exhibit “A”, (the “Subject 20 Property”) located in the Village of Skokie, be and the same is hereby vacated: 21 the rectangular-shaped northernmost 478.00 feet of the unimproved 16-foot wide 22 north-south alley in the 9500 block between LeClaire Avenue and Leamington 23 Avenue, 24 and the title to the vacated alley shall vest to the abutting property owners in equal portions 25 pursuant to 65 ILCS 5/11-91-2, as identified by their Permanent Index Numbers set out in 26 Exhibit “B” attached hereto. 27 Section 2: The aforesaid vacation is subject to the conditions set forth below: 28 1. Prior to the recording of the plat of vacation, the property owner at 9554 29 LeClaire Avenue must remove the shed from the portion of the right of way that would be 30 vested to the neighbor at 5117 Golf Road. 31 2. Easements shall be and are hereby reserved on, in and over the Subject 32 Property for all Village and Village-franchised public. A permanent public drainage 33 easement for the benefit of the Village shall be, and is hereby, reserved on, in and over the 34 Subject Property. 35 3. Property owners shall not alter the grade or change the drainage pattern in 36 the Subject Property without a permit from the Engineering Division. 37 4. Other than a fence, no structures shall be constructed or trees planted in the 38 Subject Property. Page 3 of 4 VOSDOCS-#393558-v1-Ordinance__2011- 27P__Alley_Vacation__Portion_of_Alley__9500_block_between_LeClaire_&_Leamington  1 Section 3: The Village, on its own behalf and on behalf of Village-franchised 2 public utilities, shall retain the right of entry upon the Subject Property in order to install, 3 repair, replace or remove, or engage in the maintenance of, any equipment or facility of any 4 such utility or the drainage conditions in the Subject Property. In the course of repair, 5 replacement or removal, or maintenance of equipment or facilities of a Village or Village- 6 franchised public utility, or drainage conditions in, on or over the Subject Property, the 7 Village or the Village-franchised public utility shall not be held liable by any owner of the 8 Subject Property for any damage to structures, landscaping, or fences in, on or over the 9 Subject Property. Any and all structures, including a fence, built or maintained on the 10 Subject Property are done so at the owner of the Subject Property’s own risk. 11 Section 4: That the aforesaid vacation, incorporating the conditions contained 12 herein, shall be effective upon the recording of a Plat of Vacation by the Village of Skokie in 13 the Office of the Recorder of Deeds of Cook County. 14 Section 5: That no compensation shall be paid by the owners of the abutting 15 properties for the value of the real estate which may accrue to them by reason of the 16 enactment of this ordinance and that the public interest and benefit will be subserved by the 17 vacation of the properties referenced herein. 18 Section 6: It is the intention of the Village that ownership and title to the vacated 19 alley shall pass to and vest in the adjacent property owners, as listed by the Permanent 20 Index Numbers in Exhibit “B”, in equal proportions of the vacated alley. 21 Section 7: That this Ordinance shall be in full force and effect from and after its 22 passage, approval, and recordation as provided by law. 23 24 ADOPTED this day of January 2012. 25 26 Village Clerk 27 Ayes: 28 Nays: 29 Absent: 30 Approved by me this day of 31 Attested and filed in my January 2012. 32 office this day of 33 January 2012. 34 35 Mayor, Village of Skokie 36 37 Village Clerk 38 39 40 41 Page 4 of 4 VOSDOCS-#393558-v1-Ordinance__2011- 27P__Alley_Vacation__Portion_of_Alley__9500_block_between_LeClaire_&_Leamington Exhibit A  Exhibit B LEGAL DESCRIPTION THAT PART OF THE NORTH-SOUTH 16 FOOT ALLEY EAST OF THE EAST LINE OF LOTS 11 TO 21, BOTH INCLUSIVE, AND THE NORTH HALF OF LOT 22 LYING NORTH OF A LINE RUNNING EAST FROM THE CENTER LINE OF LOT 22 TO THE CENTER LINE OF LOT 29; LYING WEST OF THE NORTH HALF OF LOT 22 AND LYING WEST OF THE WEST LINES OF LOTS 30 TO 40, BOTH INCLUSIVE; LYING WEST OF THE PREVIOUSLY VACATED ALLEY LYING NORTH OF LOT 40 AND LYING EAST OF THE PREVIOUSLY VACATED ALLEY LYING NORTH OF LOT 11 IN BLOCK 2 OF JOHN BROWN’S NILES CENTER SIMPSON ST. STATION SUBDIVISION; WEST OF LOTS 1 THROUGH 3 AND EAST OF LOT 6 IN CHENCINSKI RESUBDIVISION; EAST OF LOT 2 IN OUZI’S RESUBDIVISION, ALL IN SECTION 16, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. AFFECTED INDEX NUMBERS (PINS) 10-16-201-019-0000 10-16-201-020-0000 10-16-201-021-0000 10-16-201-022-0000 10-16-201-026-0000 10-16-201-028-0000 10-16-201-034-0000 10-16-201-035-0000 10-16-201-043-0000 10-16-201-044-0000 10-16-201-046-0000 10-16-201-047-0000 10-16-201-048-0000 10-16-201-050-0000 10-16-201-051-0000 10-16-201-052-0000 10-16-201-053-0000 10-16-201-054-0000 10-16-201-055-0000 10-16-201-056-0000 10-16-201-059-0000 10-16-201-061-0000  JPH: *1/17/12 D PC: 78-7P SUP: 114.03 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 12-1-Z- AN ORDINANCE APPROVING MODIFICATIONS TO THE PREVIOUSLY APPROVED SPECIAL USE PERMIT FOR THE BANK WITH A DRIVE- THROUGH FACILITY AT 4200 DEMPSTER STREET, SKOKIE, ILLINOIS IN A B2 COMMERCIAL DISTRICT AND THE REPEAL OF VILLAGE ORDINANCE NUMBERS 78-6-Z-1092 AND 89-2-Z-2011 1 WHEREAS, JP Morgan Chase Bank, National Association, the property owner of 4200 2 Dempster, Skokie, Illinois, requested an amendment to its special use permit through the 3 modified review procedure; and 4 WHEREAS, on June 26, 1978, the Mayor and Board of Trustees of the Village of 5 Skokie adopted Village Ordinance Number 78-6-Z-1092, granting a special use permit to 6 allow a three window drive-through facility with walk-in banking services for the bank at the 7 property legally described as follows: 8 LOTS 35 TO 42, BOTH INCLUSIVE, IN BLOCK 4 IN DEMPSTER PARK SUBDIVISION, 9 BEING A SUBDIVISION OF LOTS 6 TO 9 IN THE SUBDIVISION OF THE SOUTH 40 10 ACRES OF THE WEST HALF OF THE SOUTHEAST QUARTER TOGETHER WITH THE 11 EAST 4 CHAINS OF THE SOUTH 20 CHAINS OF THE SOUTHWEST QUARTER OF 12 SECTION 15, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL 13 MERIDIAN IN COOK COUNTY, ILLINOIS. 14 PIN: 10-15-430-058-0000 15 commonly known as 4200 Dempster Street, Skokie, Illinois (the “Subject Property”), in a B2 16 Commercial district; and 17 WHEREAS, the 1978 special use permit also contained conditions prohibiting an ATM, 18 setting the hours of operation of the drive-through lanes, and requiring a traffic patrolman to 19 direct the drive-through traffic on Friday nights and Saturday mornings; and 20 WHEREAS, subsequently, on February 21, 1989, Village Ordinance Number 89-2-Z- 21 2011, modified the previously approved 1978 special use permit amendment to allow the 22 addition of a fourth drive-through lane; and 23 WHEREAS, since the above referenced ordinances were approved, the bank has 24 added an ATM, the hours of operation of the drive-through lanes have changed, and a police 25 officer is no longer hired to direct traffic; and 26 WHEREAS, the petitioner is requesting that its special use permit be modified to allow 27 an ATM to be available 24 hours a day in one of the four drive-through lanes; removal of the 28 patrolman requirement; and revising the hours of operation of the teller assisted drive-through Page 1 of 4 VOSDOCS-#393788-v1-Ordinance__78-7P__SUP_Amendment__Modified_Review__JP_Morgan_Chase_Bank__4200_Dempster  1 lanes to be set at 8:00 a.m. to 6:00 p.m. for Monday through Thursday, 8:00 a.m. to 7:00 p.m. 2 on Friday, and 8:00 a.m. to 3:00 p.m. on Saturday; and 3 WHEREAS, the Corporation Counsel, the Plan Commission Chairman, and the 4 Community Development Director for the Village of Skokie reviewed the request and found 5 that the requested modifications: (i) are in substantial compliance with the special use permit 6 granted pursuant to Village Ordinance Number 78-6-Z-1092 and as amended in 89-2-Z-2011; 7 and (ii) do not change the intent of the special use permit. It was determined that the special 8 use permit for the Subject Property could be amended utilizing the modified review procedure 9 pursuant to Section 118-34 of the Skokie Village Code; and 10 WHEREAS, the three person panel recommended to the Mayor and Board of Trustees 11 that the requested modification be granted, subject to the modified conditions contained in the 12 Skokie Plan Commission Chairman’s memorandum, dated November 21, 2011; and 13 WHEREAS, it was further recommended that the best manner in which to achieve the 14 modification was to repeal Village Ordinance Numbers 78-6-Z-1092 and 89-2-Z-2011, and re- 15 institute the special use permit with all applicable conditions in a new special use permit 16 ordinance; and 17 WHEREAS, at a public meeting duly held on December 5, 2011, the Mayor and Board 18 of Trustees concurred in the aforesaid recommendations and findings of fact of the Plan 19 Commission Chairman, the Corporation Counsel, and the Community Development Director; 20 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the 21 Village of Skokie, Cook County, Illinois: 22 Section 1: That Village Ordinance Numbers 78-6-Z-1092 and 89-2-Z-2011, be and 23 the same are hereby repealed. 24 Section 2: That a special use permit for a bank with drive-through facilities at the 25 Subject Property, legally described above and commonly known as 4200 Dempster Street, 26 Skokie, Illinois, in a B2 Commercial district, is hereby granted and approved, subject to each of 27 the conditions set forth below: 28 1. The petitioner shall develop the Subject Property in substantial conformance with the 29 final Village approved site/landscape plan, dated September 22, 2011; 30 2. That the bank’s drive-through hours shall be from 8:00 AM to 6:00 PM Monday through 31 Thursday, 8:00 AM to 7:00 PM Friday, and 8:00 AM to 3:00 PM on Saturday. Access to 32 the ATM shall be available 24 hours; 33 3. Appropriate signs must be installed and maintained by the bank designating the parallel 34 parking spaces north of the building as employee parking only; 35 4. The Dempster Street driveway must be signed as exit only with appropriate Do Not 36 Enter signs as approved by the Traffic Engineering Division; 37 5. That left turns are prohibited from the driveway on Dempster Street and that “No Left 38 Turn” signs be posted adjacent to the driveway, subject to the approval of the Traffic 39 Engineering Division; Page 2 of 4 VOSDOCS-#393788-v1-Ordinance__78-7P__SUP_Amendment__Modified_Review__JP_Morgan_Chase_Bank__4200_Dempster  1 6. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage, 2 landscaping, structures, and any other facilities or infrastructure on the Subject Property 3 shall be maintained in a good state of repair, and when needed, be repaired or replaced 4 in a timely manner; 5 7. Parking lot and exterior lighting shall meet IES standards, be full cut-off design directed 6 away from adjacent properties, subject to the approval of the Engineering Division; 7 8. Any outdoor sound systems shall at all times maintain audio levels that are compliant 8 with the Village Code; 9 9. All off-street parking spaces shall be legibly striped and maintained; 10 10. The Subject Property must conform to the Village's storm water control requirements as 11 contained in the Skokie Village Code, including the disconnection of any downspouts; 12 11. All modifications to building elevations, signage, and landscaping shall be subject to the 13 review and approval of the Skokie Appearance Commission; 14 12. All signage shall conform to the Skokie Village Code. Any sign on the Subject Property 15 that is in violation of that Code must be removed or modified to conform prior to the 16 issuance of an occupancy permit; 17 13. All existing damaged public sidewalks or sidewalks damaged due to the implementation 18 of this plan shall be replaced; 19 14. Handicapped ramps are to be provided as necessary and meet State of Illinois 20 Accessibility requirements and the Skokie Village Code; 21 15. The handicapped parking spaces shall be installed and maintained in compliance with 22 State of Illinois Accessibility Standards and the Skokie Village Code. All handicapped 23 parking spaces shall be included in the Village Handicapped Parking Space 24 Maintenance Program; 25 16. Vehicles shall always be parked between and not overlap the striped lines of designated 26 parking spaces and shall not block driveways, sidewalks, aisles, or other points of 27 access; 28 17. The owner of the Subject Property [and its tenant] shall ensure that employees park on 29 the Subject Property; 30 18. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other 31 objects that may impede travel; 32 19. All objects and landscaping within a 15-foot sight distance triangle shall not exceed 30 33 inches in height, except traffic control devices listed in the Manual on Uniform Traffic 34 Control Devices; 35 20. The petitioner shall sign an "Agreement for Installation and Maintenance of 36 Landscaping" to assure that the Subject Property and parkway landscaping is 37 completed and maintained, including trimming, watering, and replacing of dead plant 38 materials in a timely manner in accordance with the final approved landscape plan. A 39 copy of said Agreement is attached hereto, marked Exhibit “A” and hereby made part of 40 this Ordinance. This “Agreement for Installation and Maintenance of Landscaping" shall 41 be recorded at the petitioner’s expense; 42 21. All building modifications shall meet current International Building and NFPA Life Safety Page 3 of 4 VOSDOCS-#393788-v1-Ordinance__78-7P__SUP_Amendment__Modified_Review__JP_Morgan_Chase_Bank__4200_Dempster  1 Codes as amended; 2 22. The petitioner shall submit to the Planning Division electronic files of the plat of survey, 3 site plan, and landscape plan in their approved and finalized form. The files shall be 4 scaled CADD 2D drawing files on non-compressed, non-read only CD-ROM .dwg 5 AutoCad format; 6 23. Prior to the issuance of building permits, the petitioner shall submit to the Planning 7 Division of the Community Development Department the name, address, and telephone 8 number of the company and contact person responsible for site maintenance in 9 compliance with the special use permit; 10 24. The petitioner shall comply with all Federal and State statutes, laws, rules and 11 regulations and all Village codes, ordinances, rules, and regulation; and 12 25. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to 13 initiate hearings to determine whether the subject Ordinance, as well as any applicable 14 business licenses, should be revised or revoked. The petitioner shall pay all costs 15 related to any hearings conducted as a result of non-compliance with any of the 16 provisions of the enabling ordinance. The costs shall include but not be limited to court 17 reporter fees, attorney fees, and staff time required researching and conducting said 18 hearing 19 Section 3: That a notice of the approval of this Ordinance incorporating the 20 conditions contained herein shall be executed by the owner of the property in writing and 21 duly recorded with the Cook County Recorder of Deeds Office at the owner’s expense. 22 Section 4: That this Ordinance shall be in full force and effect from and after its 23 passage, approval and recordation as provided by law. 24 ADOPTED this day of January 2012. 25 26 Village Clerk 27 Ayes: 28 Nays: 29 Absent: 30 Approved by me this day of 31 Attested and filed in my January 2012. 32 office this day of 33 January 2012. 34 35 Mayor, Village of Skokie 36 37 Village Clerk 38 39 40 Page 4 of 4 VOSDOCS-#393788-v1-Ordinance__78-7P__SUP_Amendment__Modified_Review__JP_Morgan_Chase_Bank__4200_Dempster  Exhibit A AGREEMENT FOR INSTALLATION AND MAINTENANCE OF LANDSCAPING Plan Commission Case 78-7P This Agreement is entered into this day of 2012 by and between FIRST NB OF SKOKIE, hereinafter referred to as "PROPERTY OWNER", and the VILLAGE OF SKOKIE, an Illinois municipal corporation hereinafter referred to as "VILLAGE". The parties to this Agreement hereby agree as follows: 1. PROPERTY OWNER is the owner of real property located in the Village of Skokie, described as follows: LOTS 35 TO 42, BOTH INCLUSIVE, IN BLOCK 4 IN DEMPSTER PARK SUBDIVISION, BEING A SUBDIVISION OF LOTS 6 TO 9 IN THE SUBDIVISION OF THE SOUTH 40 ACRES OF THE WEST HALF OF THE SOUTHEAST QUARTER TOGETHER WITH THE EAST 4 CHAINS OF THE SOUTH 20 CHAINS OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. PIN: 10-15-430-058-0000 commonly known as 4200 Dempster Street, Skokie, Illinois. 2. At or near the time of execution of this Agreement, the VILLAGE granted an Occupancy Permit, Business License, or Special Use Permit hereinafter collectively referred to as “permit” pursuant to state statutes and local ordinances. 3. By the terms of the aforesaid permit, the PROPERTY OWNER is required to install and maintain landscaping in accordance with the plan dated September 22, 2011 or as it may be subsequently revised with the approval of the Village Manager, or designee, and the Corporation Counsel. 4. The parties to this Agreement recognize that the installation and maintenance of landscaping is an integral part of the PROPERTY OWNER's plan for development and/or use of the property and is necessary to carry out the purpose and intent of the VILLAGE's land use objectives, and that the permit would not have been approved by the VILLAGE without the assurance that this Agreement would be executed by the PROPERTY OWNER. 5. The purpose of this Agreement is to assure: (a) installation of the landscaping in accordance with the landscaping plan approved by the VILLAGE, and (b) continued maintenance and care of the landscaping, including any landscaping indicated in the parkway area.  6. The property, which is the subject matter of this Agreement, is legally described above. The portions of the subject property which are to be landscaped and maintained pursuant to the terms and conditions of this Agreement are indicated on the Landscape Plan attached hereto, marked Exhibit “1” and are hereby made a part of this Agreement. 7. PROPERTY OWNER agrees that the installation and maintenance of the landscaping which is required in accordance with the permit issued by the VILLAGE and this Agreement will materially benefit the subject property. Such landscaping is necessary in order for the PROPERTY OWNER to comply with the conditions of the permit issued or granted by the VILLAGE for the PROPERTY OWNER’s requested development or use of the property. 8. PROPERTY OWNER shall diligently maintain and care for the landscaping which is installed and required by the permit and this Agreement, using generally accepted methods of cultivation and watering. The PROPERTY OWNER shall maintain a standard of care necessary to prevent the landscaping from deteriorating to the extent that its value as landscaping is destroyed. If Exhibit “1”, attached hereto or permit specifies maintenance standards or procedures, such procedures are hereby adopted as part of this Agreement, and by such adoption, become enforcement conditions of this Agreement. 9. Failure to maintain the landscaping as required by this Agreement shall be a nuisance. In the event the PROPERTY OWNER fails to meet the standard of maintenance necessary to keep the landscaping in a healthy condition as required by this Agreement, the VILLAGE shall give written notice of the deficiency to the PROPERTY OWNER who shall have 20 days to make the necessary correction or replacement. If such correction or replacement is not made within the aforesaid 20- day period, the VILLAGE may elect to abate the nuisance and take necessary action to assure that the landscaping is replaced and/or maintained. In the event, the VILLAGE so elects; the VILLAGE shall serve notice of its intent to enter the premises for this purpose. The VILLAGE shall either personally serve the notice upon the PROPERTY OWNER or mail a copy of it by certified mail to the PROPERTY OWNER's last known address, or as shown on the tax rolls, at least 15 days in advance of the date when the VILLAGE or its agent intends to enter the premises. 10. For this purpose, the VILLAGE or its agent may enter upon the property and perform such work as it considers reasonably necessary and proper to restore, maintain, or replace the landscaping required by this Agreement. The VILLAGE may act either through its own employees or through an independent contractor. 11. The VILLAGE shall be entitled to reimbursement for abating the nuisance in restoring, maintaining or replacing the landscaping, provided that the VILLAGE follows the procedures set forth in this Agreement. Costs shall include but shall not be limited to actual costs incurred by the VILLAGE and administrative costs. The VILLAGE shall make demand upon the PROPERTY OWNER for payment. If the PROPERTY OWNER fails to pay the costs within 30 days of the date on which demand is made, the VILLAGE may cause a lien to be placed on the subject property. The VILLAGE may record a notice with the Recorder of Deeds for Cook County stating that it has incurred expenses under the terms this Landscape  Agreement. The VILLAGE shall be entitled to collect interest at the statutory rate on the amount owed. 12. In addition to having a lien placed on the subject property, the VILLAGE may institute a legal action to collect the amount owed. The PROPERTY OWNER agrees to pay the VILLAGE a reasonable sum for attorney's fees and court costs. 13. If either party upon the execution of this Agreement or during the course of performance considers that it is necessary to have the PROPERTY OWNER post additional security to guarantee the performance of his obligations hereunder, the VILLAGE may require the PROPERTY OWNER to post additional security. The VILLAGE may require either a cash deposit or a surety bond guaranteeing performance in a form signed by sureties satisfactory to the VILLAGE. The condition of the security shall be that if the PROPERTY OWNER fails to perform any obligation under this Agreement, the VILLAGE may, act on behalf of the PROPERTY OWNER and use the proceeds of the cash bond, or in the case of a surety bond, require the securities to perform the obligations of this Agreement. 14. The PROPERTY OWNER hereby agrees to indemnify and hold harmless the VILLAGE, its trustees, officials, employees and agents for any costs, claims, actions or causes of action for personal injury, property damage or otherwise, including reasonable attorneys fees, which may arise from the VILLAGE exercising any of its rights or obligations and performance under this Agreement. 15. All notices required or to be given pursuant hereto shall be in writing and either delivered personally or by a nationally recognized "over-night" courier service or mailed by United States certified or registered mail, postage prepaid, addressed to the VILLAGE and the PROPERTY OWNER as follows: If to VILLAGE: If to the PROPERTY OWNER: Village of Skokie 5127 Oakton Street First NB of Skokie Skokie, IL 60077 P. O. Box 810490 Attention: Village Clerk Dallas, TX 75381 With copies to: Village Manager Village of Skokie 5127 Oakton Street Skokie, IL 60077 Corporation Counsel Village of Skokie 5127 Oakton Street Skokie, IL 60077 Either Party may change the names and addresses of the persons to whom notices or copies thereof shall be delivered, by written notice to the other Party, as the case may be, in the manner herein provided for the service of notice.  16. The Parties and the individuals whose signature is affixed to this Agreement, each acting with due authority have executed this Agreement. 17. This Agreement pertains to, runs with the subject property, and shall be binding on the successors, assigns, and heirs in interest. 18. This Agreement shall be recorded at the PROPERTY OWNER’s expense in the Office of the Recorder of Deeds for County of Cook. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above. FIRST NB OF SKOKIE VILLAGE OF SKOKIE By: By: its Village Manager Title: ATTEST: ATTEST: Village Clerk Its: Exhibit 1  st JPH: 9/19/11 1 Reading E nd 1/17/12 2 Reading PC: 2011-18P THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 12-1-Z- AN ORDINANCE AMENDING THE ZONING MAP WITH REGARD TO THE PROPERTY LOCATED AT 5116 SUFFIELD COURT SKOKIE, ILLINOIS FROM AN R2 SINGLE-FAMILY RESIDENTIAL DISTRICT TO AN R3 COMBINED HOUSING DISTRICT 1 WHEREAS, the owner of the following described real property: 2 LOT 23 (EXCEPT THE WEST 45 FEET) IN BLOCK 1 IN A. A. LEWIS’ DEMPSTER 3 TERMINAL RIDGE SUBDIVISION IN THE SOUTH HALF OF SECTION 16, TOWNSHIP 4 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK 5 COUNTY, ILLINOIS. 6 PIN: 10-16-416-031-0000 7 commonly known as 5116 Suffield Court, Skokie, Illinois (hereinafter “Subject Property”), 8 petitioned the Village of Skokie to reclassify the zoning of the Subject Property from an R2 9 Single-Family Residential district to an R3 Combined Housing district; and 10 WHEREAS, the Subject Property is currently zoned R2 Single-Family Residential 11 and is also the subject of a companion case 2011-19P, in which the petitioners are 12 requesting site plan approval for a 2-unit congregate living facility; and 13 WHEREAS, in 1952, the zoning of the Subject Property was C Two Family. In 14 September 1955, the entire block was rezoned to R2 Single-Family; and 15 WHEREAS, the current 3-unit multifamily residence, was given a building permit in 16 March 1955 for two units and a lower level family room. Subsequent to the date of the 17 permit, the lower level was converted to an additional unit. In the 1970’s, the Village 18 prohibited apartments which had a ‘below grade’ bedroom, however, those in existence 19 were allowed to remain and were considered ‘legal non-conforming’ units. This lower level 20 unit at the Subject Property is one such unit; and 21 WHEREAS, the Subject Property abuts a single-story office complex and the 22 surrounding neighborhood has a mix of housing types that includes detached, townhouse, 23 and 3-unit multi-family residences; and 24 WHEREAS, the Community Development Department staff is supportive of the 25 zoning change, which is intended to accommodate a mix of lower density housing types 26 including detached, townhouse, and 2-unit multifamily buildings as permitted uses; and 27 WHEREAS, staff believes that the R3 zoning change is consistent with the newer 28 land use groupings that were adopted with the Sector A: Downtown plan in 2007; and Page 1 of 2 VOSDOCS-#388856-v1-Ordinance__2011-18P__Zoning_Map_Amendment__R2_to_Re__5116_Suffield_Ct_  1 WHEREAS, the Skokie Plan Commission, after public hearing duly held on 2 September 1, 2011, at which no interested parties testified, (i) determined that proper 3 notice had been given; (ii) made the appropriate findings of fact in the affirmative as 4 required under Section 118-32 of the Skokie Village Code and (iii) voted to recommend to 5 the Mayor and Board of Trustees that the requested zoning reclassification be granted and 6 the Official Zoning Map of the Village of Skokie be amended to reflect this reclassification; 7 and 8 WHEREAS, the Mayor and Board of Trustees, after public meeting duly held on 9 September 19, 2011, concurred in the aforesaid recommendation of the Plan Commission; 10 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the 11 Village of Skokie, Cook County, Illinois: 12 Section 1: That the Subject Property legally described above and commonly 13 known as 5116 Suffield Court, Skokie, Illinois, be and the same is hereby reclassified from 14 an R2 Single-Family Residential district to an R3 Combined Housing district. 15 Section 2: That the Official Zoning Map of the Village of Skokie be and the same 16 is amended to reflect this reclassification. 17 Section 3: That a notice of approval of this Ordinance incorporating the 18 conditions contained herein shall be executed by the owner of the property in writing and 19 duly recorded with the Cook County Recorder of Deeds office at the owner’s expense. 20 Section 4: That this Ordinance shall be in full force and effect from and after its 21 passage approval and recordation as provided by law. 22 ADOPTED this day of January, 2012. Ayes: Nays: Village Clerk Absent: Attested and filed in my Approved by me this day of office this day of January, 2012. January, 2012. Mayor, Village of Skokie Village Clerk 23 Page 2 of 2 VOSDOCS-#388856-v1-Ordinance__2011-18P__Zoning_Map_Amendment__R2_to_Re__5116_Suffield_Ct_  st JPH: 9/19/11 1 Reading F nd 1/17/12 2 Reading PC: 2011-19P SUP: 420.01 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 12-1-Z- AN ORDINANCE GRANTING SITE PLAN APPROVAL FOR THE ESTABLISHMENT OF A TWO-UNIT CONGREGATE LIVING FACILITY AT 5116 SUFFIELD COURT, SKOKIE, ILLINOIS IN AN R3 COMBINED HOUSING DISTRICT 1 WHEREAS, the owner of the following described real property: 2 LOT 23 (EXCEPT THE WEST 45 FEET) IN BLOCK 1 IN A. A. LEWIS’ DEMPSTER 3 TERMINAL RIDGE SUBDIVISION IN THE SOUTH HALF OF SECTION 16, TOWNSHIP 4 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK 5 COUNTY, ILLINOIS. 6 PIN: 10-16-416-031-0000 7 more commonly described as 5116 Suffield Court, Skokie, Illinois (hereinafter “Subject 8 Property”), petitioned the Village of Skokie for site plan approval to establish a two-unit 9 congregate living facility in an R3 Combined Housing district; and 10 WHEREAS, the Subject Property is currently occupied by a three-unit multifamily 11 residence made up of single units on the first and second floor and a lower level legal non- 12 conforming third unit; and 13 14 WHEREAS, the petitioners intend to use the first and second floor three-bedroom 15 apartments as congregate residences for senior citizens. Each apartment will accommodate 16 up to six (6) residents. There will be at least two staff persons on site at all times. The 17 petitioners have indicated that the facility would be for persons 55 years old and older in need 18 of living assistance, however, this is not a medical facility; and 19 WHEREAS, the lower level apartment unit will not be utilized as part of the 20 congregate living facility, but will remain a residential unit; and 21 WHEREAS, a congregate living facility, pursuant to Section 118-88 of the Skokie 22 Village Code, is a permitted use with a state license to operate in an R3 Combined Housing 23 district. Only the appropriateness of the Subject Property and its two units for the intended use 24 as a congregate living facility is at issue in this case; and 25 WHEREAS, State of Illinois licensing as a congregate living facility is dependant on the 26 approval by the Village of Skokie; and 27 WHEREAS, currently there is no off-street parking at the Subject Property; however, in 28 an effort to alleviate any anticipated parking problems in the neighborhood, the petitioners will Page 1 of 4 VOSDOCS-#394379-v1-Ordinance__2011-19P__Site_Plan_Approval__Congregate_Living_Facility__5116_Suffield_Ct_  1 add a parking lot with four (4) parking spaces to provide a net increase in available parking in 2 the area; and 3 WHEREAS, the Skokie Plan Commission, at a duly held public meeting on 4 September 1, 2011, after having determined that proper legal notice had been achieved, 5 heard testimony from several interested parties, including the Community Development 6 staff, the petitioners and neighbors; and 7 8 WHEREAS, several neighbors voiced concerns with regard to the impact the facility will 9 have on the limited parking in the area and of allowing a business in a residential area. Staff 10 stated that four (4) new parking spaces will be added that do not currently exist and that a 11 congregate living facility is considered a residential use; and 12 WHEREAS, the petitioners testified that two staff people will be on duty at any given 13 time and that it is very unlikely that the residents of the facility will be driving; and 14 WHEREAS, after hearing all testimony, the Skokie Plan Commission, (i) made the 15 appropriate findings of fact in the affirmative, as required under Section 118-32 of the Skokie 16 Village Code, and (ii) voted to recommend to the Mayor and Board of Trustees that (a) the 17 requested site plan approval be granted subject to the conditions contained in the Plan 18 Commission Report, dated September 19, 2011 and (b) made a determination that the 19 parking requirement for the two-unit congregate living facility is four (4) off-street parking 20 spaces; and 21 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on September 22 19, 2011, heard testimony from several neighbors who objected to the facility and voiced their 23 concern with regard to lack of parking on the street; and 24 WHEREAS, the Mayor and Board of Trustees voted to table the matter to a date 25 uncertain and requested additional information to review from the petitioners, specifically: (i) 26 other alternatives to off-street parking, and (ii) additional information about the operation of the 27 facility; and 28 WHEREAS, subsequently, the petitioners retained a traffic engineering firm to study 29 the effect of such a facility on the neighborhood and have provided a more detailed “Service of 30 Operation” report; and 31 WHEREAS, at a public meeting of the Mayor and Board of Trustees, duly held on 32 December 19, 2011, Mr. Paul Kolpak, an attorney, presented the petitioners’ case to the 33 Board. This presentation included testimony from the petitioners and Ms. Lynn Means, a 34 Senior Transportation Engineer from the Sam Schwartz Engineering firm; and 35 WHEREAS, Ms. Means testified in her capacity as a certified traffic engineer, as to the 36 effects on the existing parking situation the contemplated congregate living facility would have. 37 She testified that based upon her observations, experience, and industry standards relating to 38 similar type facilities, the proposed facility will not have a significant impact on residential 39 traffic. She further testified that the proposed facility will most likely generate less traffic than a 40 strictly residential use; and Page 2 of 4 VOSDOCS-#394379-v1-Ordinance__2011-19P__Site_Plan_Approval__Congregate_Living_Facility__5116_Suffield_Ct_  1 WHEREAS, several area neighbors testified as to their concerns regarding an 2 anticipated rise in traffic and more congested parking issues. Some residents expressed 3 concerns with regard to the care of the residents in the facility, indicating there would not be 4 enough proposed staff for adequate care; and 5 WHEREAS, petitioners emphasized that their facility would be in compliance with all 6 Illinois Department of Public Health guidelines for this type of congregate facility and related 7 their extensive and thorough screening process for candidates for the facility. Per the Board’s 8 request, they attempted to find off-street parking at a different site to supplement their parking 9 but were unsuccessful. They also clarified that it would not be possible to schedule visitors as 10 indicated at the Plan Commission; and 11 WHEREAS, the Mayor and Board of Trustees after hearing all testimony voted to 12 concur in the aforementioned recommendations and findings of fact of the Skokie Plan 13 Commission; 14 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the 15 Village of Skokie, Cook County, Illinois: 16 Section 1: That the site plan approval requested by the petitioner to establish a 17 congregate living facility at the Subject Property, legally described above and commonly 18 known as 5116 Suffield Court, Skokie, Illinois in an R3 Combined Housing district, is hereby 19 granted and approved subject to each of the conditions set forth below: 20 1. The petitioner shall develop the Subject Property in substantial conformance with the 21 final Village approved site plan dated July 28, 2011, and revised September 7, 2011; 22 2. Parking lot screening must be maintained in accordance with the site plan dated July 28, 23 2011 and revised September 7, 2011; 24 3. At least 1 bicycle parking space must be maintained in accordance with the Village 25 Code; 26 4. The operator of the congregate living facility must obtain a State license and Village 27 occupancy permit; 28 5. No signage identifying the congregate living facility is permitted on-site; 29 6. If it is determined that the garden apartment unit is being used for the congregate living 30 facility, it will lose its status as a legal non-conforming residence and will no longer be 31 able to be used as a residential unit. An amendment to this site plan approval would be 32 required to use the lower garden level for the congregate living facility; 33 7. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, landscaping, 34 structures, and any other facilities or infrastructure on the Subject Property shall be 35 maintained in a good state of repair, and when needed, be repaired or replaced in a 36 timely manner; 37 8. All off-street parking spaces shall be legibly striped and maintained; 38 9. Vehicles shall always be parked between and not overlap the striped lines of designated 39 parking spaces and shall not block driveways, sidewalks, aisles, or other points of Page 3 of 4 VOSDOCS-#394379-v1-Ordinance__2011-19P__Site_Plan_Approval__Congregate_Living_Facility__5116_Suffield_Ct_  1 access; 2 10. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other 3 objects that may impede travel; 4 11. All objects and landscaping within a 15-foot sight distance triangle shall not exceed 30 5 inches in height; 6 12. The petitioner shall comply with all Federal and State statutes, laws, rules and 7 regulations and all Village codes, ordinances, rules, and regulations; and 8 13. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to 9 initiate hearings to determine whether the subject Ordinance, as well as any applicable 10 business licenses, should be revised or revoked. The petitioner shall pay all costs 11 related to any hearings conducted as a result of non-compliance with any of the 12 provisions of the enabling ordinance. The costs shall include but not be limited to court 13 reporter fees, attorney fees, and staff time required researching and conducting said 14 hearing. 15 Section 2: That a notice of the approval of this Ordinance incorporating the 16 conditions contained herein shall be executed by the owner of the property in writing and 17 duly recorded with the Cook County Recorder of Deeds Office at the owner’s expense. 18 Section 3: That this Ordinance shall be in full force and effect from and after its 19 passage, approval, and recordation as provided by law. 20 ADOPTED this day of January 2012. 21 22 Village Clerk 23 Ayes: 24 Nays: 25 Absent: 26 Approved by me this day of 27 Attested and filed in my January 2012. 28 office this day of 29 January 2012. 30 31 Mayor, Village of Skokie 32 33 Village Clerk Page 4 of 4 VOSDOCS-#394379-v1-Ordinance__2011-19P__Site_Plan_Approval__Congregate_Living_Facility__5116_Suffield_Ct_