Board of Trustees

WEDNESDAY, SEPTEMBER 19, 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 September 4, 2012. * 5. Approve Voucher List #9-FY13 of September 19, 2012. 6. Proclamations and Resolutions. A. Resolution: A Resolution Recognizing Skokie Resident William J. Novello * Proclamations: Peace Day – October 2, 2012 Filipino American History Month - October 2012 Illinois Arts & Humanities Month - October 2012 National Breast Cancer Awareness Month – October 2012 National Domestic Violence Awareness Month – October 2012 7. Recognition, Presentations and Awards. A. Presentation: Presentation of the Skokie Fire Department’s Re-Accreditation Plaque to Mayor Van Dusen from Chief Ralph Czerwinski * 8. Appointments, Reappointments and Resignations. A. Appointment: Public Arts Advisory Committee: Zachary W. Williams B. Resignations: Fine Arts Commission: Eva Gross Human Relations Commission: James Coney, Chair; Alfred Nathan; Ralph Ruebner; Karen Lise Sherman; and Ina Silvergleid Sustainable Environmental Advisory Commission: Fernando Ronderos, Chair 9. Report of the Village Manager. A. Modification to the Fire Protection/Life Safety Code – Commercial Basements Less than 2,500 Square Feet. B. Modification to the Fire Protection/Life Safety Code – International Residential Codes – Automatic Sprinkler System. * C. SunGard Public Sector Maintenance Contract - $209,163.97. * D. Bid Report – Downtown Utility System Improvements – Glenbrook Excavating, Wauconda, IL $1,527,867.50. 10. Report of the Corporation Counsel. CONSENT: * A. An ordinance amending Section 118-85(e) of the Skokie Village Code pertaining to outdoor dining in the H1 Hospital district (2012-31P). This item is on the consent agenda for second reading and adoption. * B. An ordinance granting site plan approval for multiphase modifications at 9600 Gross Point Road, 9650 Gross Point Road, 9669 Kenton Avenue, 9618 Kenton Avenue, and 4601 Payne Street, Skokie, Illinois, in a H1 Hospital district, relief from certain sections of Chapters 82 and 118 of the Skokie Village Code, and the repeal of #411901  Village Ordinance 10-3-Z-3747 (2012-30P & 2012-32P). This item is on the consent agenda for second reading and adoption. * C. An ordinance prohibiting trucks with a plate designation greater than “H” on Oakton Street, between Long Avenue and Skokie Boulevard, in Skokie, Illinois. This item is on the consent agenda for second reading and adoption. * D. An ordinance reducing the posted speed limit from 30 miles per hour to 25 miles per hour on Oakton Street, between Long Avenue and Skokie Boulevard, in Skokie, Illinois. This item is on the consent agenda for second reading and adoption. FIRST READING E. An ordinance approving a plat of dedication for a parcel of land located adjacent to 3448-3464 Touhy Avenue, Skokie, Illinois in a B2 Commercial district for utilization as a public right of way. This item is on the agenda for first reading and will be on the October 1, 2012 agenda for second reading and adoption. F. An ordinance amending Chapter 10 of the Skokie Village Code pertaining to the retail sale and regulation of alcoholic liquor in the Village of Skokie. This item is on the agenda for first reading and will be on the October 1, 2012 agenda for second reading and adoption. 11. Unfinished Business. 12. New Business. 13. Plan Commission. 14. Citizen Comments. 15. Adjournment. #411901  9/19/12 Mayor’s Agenda THIS RESOLUTION MAY BE CITED AS VILLAGE RESOLUTION NUMBER 12-9-R- A RESOLUTION RECOGNIZING SKOKIE RESIDENT WILLIAM J. NOVELLO 1 WHEREAS, William J. Novello has been a life-long resident of the Village of Skokie; 2 and 3 4 WHEREAS, he was educated at St. Peter Catholic School, Loyola Academy and 5 Loyola University, Chicago; and 6 7 WHEREAS, he attained the distinctions of Certified Public Accountant and Doctor of 8 Jurisprudence from John Marshall Law School; and 9 10 WHEREAS, William J. Novello has charitably applied his professional skill and 11 expertise in the furtherance of the goals and objectives of numerous civic and charitable 12 organizations: 13 14 1. The Skokie Historical Society; 15 2. The Fourth of July Parade Committee; 16 3. Independent Merchants of Downtown Skokie; 17 4. North Shore Center for the Performing Arts in Skokie; 18 5. United Way of Skokie Valley; 19 6. Village of Skokie Plan Commission; 20 7. Sommer Foundation; and 21 22 WHEREAS, his efforts on behalf of the foregoing civic organizations have not only 23 enhanced their efforts to provide their services and numerous contributions to the Village of 24 Skokie, but also have made the Village of Skokie a more enjoyable community in which to 25 live and work; and 26 27 WHEREAS, William J. Novello’s love for, dedication to, and willingness to volunteer 28 for the betterment of his community are a model for all to follow. His efforts have resulted in 29 a stronger, more livable community that values the arts, cares for its neighbors, celebrates 30 its history, helps young people find their way, supports its businesses, enjoys a good 31 holiday celebration and plans for the future; 32 33 NOW, THEREFORE, BE IT RESOLVED that the Mayor and Trustees of the Village 34 of Skokie, on behalf of themselves and the Citizens of the Village of Skokie, extend to 35 William J. Novello, his wife Susan and their daughter Katherine, their deep appreciation for 36 his tireless efforts on behalf of the community and that this resolution be enrolled in the 37 minutes of this meeting. 38 Page 1 of 2 VOSDOCS-#411984-v1-Resolution___Recognizing_William_J__Novello_  1 PASSED this day of September, 2012 . 2 3 Ayes: 4 Nays: Village Clerk 5 Absent: 6 Approved by me this day of 7 Attest: September, 2012 . 8 9 10 11 Village Clerk Mayor, Village of Skokie 12 13 14 15 16 Page 2 of 2 VOSDOCS-#411984-v1-Resolution___Recognizing_William_J__Novello_  PROPOSED LANGUAGE REQUIRING RESIDENTIAL SPRINKLERS FOR SINGLE-FAMILY, TWO-FAMILY AND TOWNHOUSE RESIDENCES Add Appendix P. AP 101 Fire sprinklers. An approved automatic fire sprinkler system shall be installed throughout an entire one-family, two-family, or townhouse residence under the following circumstances: (1) any new construction of such residence, (2) building additions that increase the floor area of such residence by more than 50 percent of the original square footage of the building prior to construction, (3) interior remodeling of more than 50% of the existing floor area of the building, (4) any combination of a building addition and/or remodeling that affects more than 50% of the total floor area including the new addition in accordance with Section 903.3.1 of the International Building Code*, or (5) any building addition, remodeling or combination made within two years of the issuance of a Certificate of Completion for a previous project where the combined area of the projects is more than 50 percent of the original square footage of the building. * Any floor (from finished floor to ceiling) that is more than 50% below grade shall not be counted as floor area for purposes of this section only. Delete (17) Add Section R324 Fire Suppression. All Use Group R shall comply with the fire suppression requirements found in Chapter Nine of the International Building Code, 2003 Edition, as adopted herein. 407941  A JPH: *9/19/12 PC: 2012-31P THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 12-9-C- AN ORDINANCE AMENDING SECTION 118-85(e) OF THE SKOKIE VILLAGE CODE PERTAINING TO OUTDOOR DINING IN THE H1 HOSPITAL DISTRICT 1 WHEREAS, Section 118-85(e), of the Skokie Village Code (hereinafter “Code”) 2 provides for food establishments and food service requirements specifically for outdoor dining 3 on private property; and 4 WHEREAS, North Shore University Health System, owner of the Skokie Hospital, 5 more commonly described as 9600 Gross Point Road, Skokie, Illinois (hereinafter the “Skokie 6 Hospital”), petitioned the Skokie Plan Commission for a zoning amendment to allow outdoor 7 dining on private property as a permitted use with an outdoor dining permit and subject to 8 certain conditions in an H1 Hospital district; and 9 WHEREAS, the Skokie Hospital feels that this amenity will contribute to the health and 10 welfare of the community and wishes to provide the opportunity for patrons, visitors, and staff 11 to dine in a pleasant, landscaped, outdoor environment; and 12 WHEREAS, the Skokie Hospital is intending to construct a terrace opening up from 13 the new cafeteria and conference center just south of the 2-story addition facing the south 14 lawn providing the option of seasonal outdoor dining, with plantings, a perennial garden, a 15 pathway with seating area bordering the terrace, and movable furniture that can be 16 arranged to seat 50-70 people; and 17 WHEREAS, the Skokie Plan Commission determined that any outdoor dining in the 18 H1 district would need to follow the same standard regulations in the zoning ordinance as 19 other outdoor dining locations and also that the location would need to be specifically 20 located as part of a site plan approval; and 21 WHEREAS, at a public hearing of the Skokie Plan Commission duly held on July 5, 22 2012, for which proper legal notice had been achieved, after public discussion, the Skokie Plan 23 Commission (a) made the appropriate findings of fact as required under Section 118-32 of the 24 Skokie Village Code and (b) voted to recommend to the Mayor and Board of Trustees that the 25 requested special use permit be granted subject to the conditions contained in the Plan 26 Commission Report dated August 20, 2012; and 27 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on August 28 20, 2012 concurred in the aforesaid recommendations and findings of fact of the Skokie Plan 29 Commission; 30 NOW, THEREFORE BE IT ORDAINED by the Mayor and Board of Trustees of the 31 Village of Skokie, Cook County, Illinois: Page 1 of 3 VOSDOCS-#411224-v1-Ordinance__2012-31P__Zoning_Amendment__Outdoor_Dining__H1_Hospital_Disrict  1 Section 1: That Section 118-85 of the Skokie Village Code be and the same is 2 hereby amended in the manner hereinafter indicated. The new material is highlighted in 3 bold type and the material to be deleted is highlighted and stricken through. 4 ARTICLE III. DISTRICT REGULATIONS 5 DIVISION 1. GENERALLY. 6 … 7 Sec. 118-85. Food establishments and food services requirements. 8 … 9 (e) Outdoor dining. 10 (1) Standard conditions. The following shall apply to all outdoor dining areas: 11 a. Barriers, fencing, landscaping, and other features shall be utilized to 12 define the outdoor dining area. 13 b. Use of the area shall be limited to between 8:00 AM and 10:00 PM, 14 but not longer than the posted operational hours of the associated 15 food service facility. 16 c. Dates of operation shall be limited to between April 1 and October 31 17 in a calendar year. 18 d. Outdoor dining areas shall be exempt from parking regulations if used 19 or set up less than 7 months in a calendar year. 20 e. All food preparation must take place inside the associated food service 21 establishment. 22 f. Adequate refuse disposal shall exist as determined by the Health 23 Department. 24 g. Advertising or promotional features shall be limited to umbrellas or 25 canopies. 26 h. All applicable village and state health requirements shall be met. 27 i. Dining areas will be reviewed each year during the annual restaurant 28 inspection. The outdoor dining permit may be revoked by the Village 29 Manager at any time on 14 days' notice for failure to comply with the 30 regulations set forth in this subsection. 31 j. The outdoor dining area shall not be enclosed on more than two sides 32 with walls if roofed over. 33 k. The outdoor dining area must be located on a surface approved by the 34 Village Manager or designee. 35 l. The outdoor dining area shall not be located in a required parking 36 space or block a private or public sidewalk. 37 (2) Outdoor dining on private property shall be a permitted use with an outdoor 38 dining permit from the Village Manager or designee in TX, CX, B3, and B4, 39 and H1 districts subject to the following conditions: Page 2 of 3 VOSDOCS-#411224-v1-Ordinance__2012-31P__Zoning_Amendment__Outdoor_Dining__H1_Hospital_Disrict  1 a. All conditions in subsection (e)(1) are met. 2 b. The outdoor dining shall be on the same lot as or within a 3 development that received site plan approval as its associated food 4 service establishment. 5 c. An outdoor dining area shall not be located within a 15-foot sight 6 distance triangle or within 3 feet from any public alley. 7 (3) Outdoor dining shall be permitted on private property between November 1 8 and March 31, of the next calendar year, with an administrative permit from 9 the Village Manager or designee, subject to the following conditions: 10 a. An outdoor dining permit or a special use permit for outdoor dining has 11 been issued for the site. 12 b. The outdoor dining area must be in the same location as the approved 13 outdoor dining permit or special use permit. 14 c. The outdoor dining area cannot be used more than 4 periods during 15 this time. 16 d. The outdoor dining area cannot be used or set up for more than a 17 period of 3 consecutive days. 18 e. A site and floor plan must be approved by the Village Manager or 19 designee. 20 f. Administrative permit fee must be paid to the Village of Skokie prior to 21 using the outdoor dining area. 22 (4) Outdoor dining on private property shall be a special use in NX, B1, B2, B6, 23 and M1 districts or if relief is needed from any condition in subsections (e)(1), 24 (e)(2), or (e)(3) in NX, TX, CX, B1, B2, B3, B4, B6, H1, and M1 districts. 25 26 Section 2: That this Ordinance shall be in full force and effect from and after its 27 passage, approval and publication in pamphlet form as provided by law. 28 ADOPTED this day of September, 2012. Ayes: Nays: Village Clerk Absent: Attested and filed in my Approved by me this day of office this day of September, 2012. September, 2012. Mayor, Village of Skokie Village Clerk 29 Page 3 of 3 VOSDOCS-#411224-v1-Ordinance__2012-31P__Zoning_Amendment__Outdoor_Dining__H1_Hospital_Disrict  JPH: *9/19/12 B PC: 2012-30P & 2012-32P SPA: 167.22 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 12-9-Z- AN ORDINANCE GRANTING SITE PLAN APPROVAL FOR MULTIPHASE MODIFICATIONS AT 9600 GROSS POINT ROAD, 9650 GROSS POINT ROAD, 9669 KENTON AVENUE, 9618 KENTON AVENUE, AND 4601 PAYNE STREET, SKOKIE, ILLINOIS, IN A H1 HOSPITAL DISTRICT, RELIEF FROM CERTAIN SECTIONS OF CHAPTERS 82 AND 118 OF THE SKOKIE VILLAGE CODE, AND THE REPEAL OF VILLAGE ORDINANCE 10-3-Z-3747 1 WHEREAS, NorthShore University HealthSystem, the owner of the following described 2 real property: 3 LOTS 1, 2, 3, 4 AND 5 IN SKOKIE HOSPITAL FIRST SUBDIVISION, BEING A 4 SUBDIVISION IN THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 41 5 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK 6 COUNTY, ILLINOIS. 7 PINS: 10-10-301-018-0000, 10-10-301-019-0000, 10-10-301-020-0000 8 10-10-301-021-0000, 10-10-304-047-0000 9 10 more commonly described as 9600 Gross Point Road, 9650 Gross Point Road, 9669 Kenton 11 Avenue, 9618 Kenton Avenue and 4601 Payne Street, Skokie, Illinois (hereinafter collectively 12 the “Subject Property” or the “Skokie Hospital”), petitioned the Village of Skokie for site plan 13 approval for multiphase modifications at the Subject Property in a H1 Hospital district, as 14 depicted on the revised site plan, dated May 30, 2012, a copy of which is attached hereto 15 as Exhibit “A”; and 16 WHEREAS, the proposed modifications to the Skokie Hospital campus at 9600 Gross 17 Point Road and the existing medical office buildings at 9650 Gross Point Road and 9669 18 Kenton Avenue, include the removal of existing office buildings at 9700 Kenton Avenue and 19 9701 Knox Avenue and associated parking lots, including 9618 Kenton Avenue and 4601 20 Payne Street, and establishing the front yard as Golf Road; and 21 WHEREAS, some of the proposed improvements include: 22 1. The demolition of the administration building and the construction of a new 23 surgery building in its place; 24 2. The infill of existing courtyard and the deleting of the previously approved 25 atrium; 26 3. Adding to and expanding the patient tower; 27 4. Minor parking lot improvements and removal of the parking in the south lawn; Page 1 of 7 VOSDOCS-#411300-v1-Ordinance__2012-32P_&_2012-30P__Site_Plan_Approval__Relief__&_Repeal_of_Ordinance_10-3-Z- 3747__Skokie_Hospital__9600_Gross_Point  1 5. Exterior material improvements; 2 6. A new canopy and skylight at the entrance to the main lobby of the hospital, 3 which will be expanded to include a new two-story atrium (previously 4 approved); 5 7. Reconfiguration of the entrance to the Emergency Department and the 6 construction of a new canopy (previously approved); 7 8. Demolition of the office building at 9700 Kenton and 9701 Knox (previously 8 approved); 9 9. Realignment and simplification of the internal vehicular and pedestrian 10 circulation systems with the installation of a new traffic signal at the Golf and 11 Knox intersection, modification of left-turn lanes at Golf and Knox, relocation of 12 Payne Street between Knox and Kenton to align with the private portion of 13 Payne Street east of Kenton, installation of a new southbound right turn lane on 14 Knox at Golf, and development of additional surface parking on the west side of 15 the campus (previously approved); 16 10. Standardization of the site lighting and installation of new landscaping 17 throughout (previously approved); 18 11. Bringing the entire campus into compliance with the stormwater control 19 requirements (previously approved); 20 12. The burial of the overhead utilities along Kenton Avenue, removing 18 utility 21 poles (previously approved). Three utility poles are remaining at this time and 22 will be removed as construction progresses; and 23 WHEREAS, in companion Plan Commission Case 2012-30P with regards to parking 24 requirements, it was determined that: 25 1. The parking requirement for the Skokie Hospital and the two medical office 26 buildings at 9650 Gross Point Road and 9669 Kenton Avenue is 1,495 parking 27 spaces. Parking use shall not exceed 90% Peak Occupancy ratio; 28 2. Parking shall be provided per the submitted Skokie Hospital Master Plan site 29 submittal dated May 30, 2012; 30 3. During construction phasing parking occupancy shall not exceed 93% Peak 31 Occupancy ratio; 32 4. If Village Staff determines the peak parking demand from this use exceeds 33 available parking, causing an adverse impact to the area, the owner shall 34 Review the Parking Plan and develop a plan, approved by Village Manager or 35 his designee, to remedy the adverse impact; and 36 WHEREAS, in addition to the site plan approval, the petitioner is also seeking relief 37 from the following sections of the Skokie Village Code: 38 1. §118-217(d)(1) to allow parking in a required front yard as indicated on the final 39 approved site plan; 40 2. §118-221(a) to allow bicycle parking spaces further than 40 feet from building 41 entrances as indicated on the final approved site plan; Page 2 of 7 VOSDOCS-#411300-v1-Ordinance__2012-32P_&_2012-30P__Site_Plan_Approval__Relief__&_Repeal_of_Ordinance_10-3-Z- 3747__Skokie_Hospital__9600_Gross_Point  1 3. §82-7(12) to allow directional signs larger than 4 ft2, have a maximum 2 dimension larger than 38 inches in one direction, and more than one sign per 3 driveway opening, as indicated in the petitioner’s previously approved sign 4 package; 5 4. §82-28(b)(2) to allow the installation of wall signage on the south elevation of 6 Skokie Hospital that has a gross area in greater than of 200 ft2; 7 5. §82-28(d)(1) to allow wall signs on the south and east elevation of Skokie 8 Hospital resulting in a total gross surface area of all signs for a building of 3 or 9 more frontages in excess of 1,000 ft2; and 10 WHEREAS, at the Skokie Plan Commission public hearing duly held on July 5, 2012, 11 subsequent to all testimony and discussion, the Skokie Plan Commission (i) determined that 12 proper legal notice had been achieved, (ii) made the appropriate findings of fact in the 13 affirmative as required under Section 118-32 of the Skokie Village Code, and (iii) voted to 14 recommend to the Mayor and Board of Trustees that: 15 (a) the requested site plan approval be granted subject to the conditions contained 16 in the Plan Commission Report dated August 20, 2012 or as subsequently 17 modified by staff; 18 (b) relief be granted from Sections 118-217(d)(1), 118-221(a), 82-7(12), 82- 19 28(b)(2), and 82-28(d)(1) of the Skokie Village Code; 20 (c) that Village Ordinance 10-3-Z-3747, pertaining to the Subject Property, be 21 repealed; and 22 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on August 20, 23 2012, voted to concur in the aforesaid recommendations and findings of fact of the Skokie Plan 24 Commission; 25 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the 26 Village of Skokie, Cook County, Illinois: 27 Section 1: That the site plan approval requested by the petitioner for multiphase 28 modifications at the property legally described above and commonly known as 9600 Gross 29 Point Road, 9650 Gross Point Road, 9669 Kenton Avenue, 9618 Kenton Avenue and 4601 30 Payne Street, Skokie, Illinois in a H1 Hospital district, is hereby granted and approved subject 31 to each of the conditions set forth below: 32 1. The petitioner shall develop the Subject Property in substantial conformance 33 with the final Village approved revised site plans dated May 30, 2012, parking 34 plans and construction phasing parking plans dated May 30, 2012, engineering 35 plans dated May 30, 2012, landscape plans dated May 23, 2012, sign plans 36 dated May 30, 2012, and building elevations dated May 30, 2012; 37 2. Street lighting, including poles, luminaires, and associated electrical work shall 38 be provided adjacent to or on the Subject Property at the petitioner’s expense 39 along Payne Street from Gross Point Road to Knox Avenue, along Knox 40 Avenue from Payne Street to Golf Road, and along Kenton Avenue from Payne 41 Street to Golf Road; 42 3. All street lighting along public streets shall be designed to meet lighting Page 3 of 7 VOSDOCS-#411300-v1-Ordinance__2012-32P_&_2012-30P__Site_Plan_Approval__Relief__&_Repeal_of_Ordinance_10-3-Z- 3747__Skokie_Hospital__9600_Gross_Point  1 standards for streets, not parking lots, and shall be operated by a separate 2 control center located in the Village right-of-way; 3 4. Traffic control shall include a 3-way stop at Knox Avenue and Payne Street and 4 a 4-way stop at Kenton Avenue and Payne Street; 5 5. No parking shall be permitted along Knox Avenue or the public or private 6 portions of Payne Street; 7 6. The petitioner shall maintain Payne Street from Kenton Avenue to Gross Point 8 Road; 9 7. A four-way traffic signal shall be installed at the petitioner’s expense that meets 10 Village and IDOT requirements at the intersection of Golf Road and Knox 11 Avenue. The petitioner shall also be responsible for 25% of the maintenance 12 and energy cost of that signal. A timetable shall be provided to the Village for 13 the traffic signal installation; 14 8. A chart and plan shall be submitted to the Traffic Engineering Division depicting 15 the number of parking spaces and handicapped parking spaces per lot 16 identification summarizing to the total provided amount; 17 9. Required handicapped signage shall be installed and maintained by the 18 petitioner; 19 10. All overhead utilities on the Subject Property and in the adjacent right-of-way 20 along Kenton Avenue shall be placed or relocated underground. The petitioner 21 shall bear the full cost of any utility relocation and/or conflicts; 22 11. The Fire Department shall determine the location of all fire lane zones, 23 including fire lane zones along the north and south sides of the Ambulatory 24 Care Center; 25 12. The Existing Tree Survey and Tree Removal Plan must be revised and 26 submitted with a written list of trees to be removed showing specie, DBH 27 (diameter at breast height) and condition along with a map; 28 13. All Green Ash are infested with Emerald Ash Borer and must be removed and 29 replaced with species approved by the Village Forester; 30 14. Parking lot and exterior lighting shall meet IES standards, be full cut-off design, 31 and be directed away from adjacent properties, subject to the approval of the 32 Engineering Division; 33 15. All existing damaged public sidewalks or sidewalks damaged due to the 34 implementation of this plan shall be replaced; 35 16. All objects and landscaping within a 15-foot sight distance triangle shall not 36 exceed 30 inches in height, except traffic control devices listed in the Manual 37 on Uniform Traffic Control Devices; 38 17. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, 39 signage, landscaping, structures, and any other facilities or infrastructure on the 40 Subject Property shall be maintained in a good state of repair, and when 41 needed, be repaired or replaced in a timely manner; 42 18. All private and public sidewalks shall be maintained free of snow, ice, sleet, or Page 4 of 7 VOSDOCS-#411300-v1-Ordinance__2012-32P_&_2012-30P__Site_Plan_Approval__Relief__&_Repeal_of_Ordinance_10-3-Z- 3747__Skokie_Hospital__9600_Gross_Point  1 other objects that may impede travel; 2 19. All off-street parking spaces shall be legibly striped and maintained; 3 20. Any plan to modify parking lot striping must be approved by the Director of 4 Engineering; 5 21. The proposed development shall have a minimum of 1,495 off-street parking 6 spaces upon full implementation of the approved site plan; 7 22. The handicapped parking spaces shall be installed and maintained in compliance 8 with State of Illinois Accessibility Standards and the Skokie Village Code; 9 23. Vehicles shall not be allowed to be parked in or otherwise block common 10 driveways, sidewalks, aisles, or other points of access at any time, shall only be 11 parked in designated parking spaces, and shall not overlap the striped lines of 12 designated parking spaces; 13 24. The owner of the Subject Property [and its tenant] shall ensure that employees 14 park on the Subject Property; 15 25. No required parking space on the site may be for the exclusive use of any 16 tenant; 17 26. The petitioner shall sign an "Agreement for Installation and Maintenance of 18 Landscaping" to assure that the Subject Property and parkway landscaping is 19 completed and maintained, including trimming, watering, and replacing of dead 20 plant materials in a timely manner in accordance with the final approved 21 landscape plan. A copy of said Agreement is attached hereto, marked Exhibit 22 “B” and hereby made part of this Ordinance. This “Agreement for Installation 23 and Maintenance of Landscaping" shall be recorded at the petitioner’s 24 expense; 25 27. All new construction, alterations, and remodeling shall meet current 26 International Building and NFPA Life Safety Codes as amended; 27 28. The petitioner shall obtain all required permits and approvals for improvements 28 to County, State, or Federal rights-of-way from the governing jurisdiction; 29 29. The Subject Property must conform to the Village's storm water control 30 requirements as contained in the Skokie Village Code, including the 31 disconnection of any downspouts; 32 30. All signage shall conform to the Skokie Village Code, except for the relief 33 provided in this case. Any sign on the Subject Property that is in violation of 34 that Code must be removed or modified to conform with the Village Code prior 35 to the issuance of an occupancy permit; 36 31. All modifications to building elevations, signage, and landscaping shall be 37 subject to the review and approval of the Skokie Appearance Commission; 38 32. The petitioner shall submit to the Planning Division electronic files of the plat of 39 survey, site plan, and landscape plan in their approved and finalized form. The 40 files shall be scaled 2-dimensional drawing files on non-compressed, non-read 41 only CD-ROM *.dwg AutoCAD format; 42 33. Prior to the issuance of building permits, the petitioner shall submit to the Page 5 of 7 VOSDOCS-#411300-v1-Ordinance__2012-32P_&_2012-30P__Site_Plan_Approval__Relief__&_Repeal_of_Ordinance_10-3-Z- 3747__Skokie_Hospital__9600_Gross_Point  1 Planning Division of the Community Development Department the name, 2 address, and telephone number of the company and contact person 3 responsible for site maintenance in compliance with the special use permit; 4 34. If work is to be performed on public property or if public property is utilized or 5 impacted during construction and/or development, the owner shall provide, or 6 shall cause the developer and/or contractor to provide, the Village of Skokie 7 with a certificate of insurance naming the Village of Skokie as additionally 8 insured for any and all claims related to any and all work. The owner shall hold, 9 and shall cause the developer and/or contractor to hold, the Village of Skokie 10 harmless and indemnify the Village for any and all claims for property damage 11 or personal injury related to work on or use of public property; 12 35. The petitioner shall comply with all Federal and State statutes, laws, rules and 13 regulations and all Village codes, ordinances, rules, and regulations; and 14 36. Failure to abide by any and all terms of this Ordinance shall be cause for the 15 Village to initiate hearings to determine whether the subject Ordinance, as well 16 as any applicable business licenses, should be revised or revoked. The 17 petitioner shall pay all costs related to any hearings conducted as a result of 18 non-compliance with any of the provisions of the enabling ordinance. The 19 costs shall include but not be limited to court reporter fees, attorney fees, and 20 staff time required researching and conducting said hearing. 21 Section 2: That relief from Chapter 118, Section 118-217(d)(1) of the Skokie 22 Village Code to allow parking in a required front yard as indicated on the final approved site 23 plan, dated May 30, 2012,is hereby approved. 24 Section 3: That relief from Chapter 118, Section 118-221(a) of the Skokie Village 25 Code to allow bicycle parking spaces further than 40 feet from building entrances as 26 indicated on the final approved site plan, dated May 30, 2012, is hereby approved. 27 Section 4: That relief from Chapter 118, Section 82-7(12) to allow directional 28 signs larger than 4 ft2, have a maximum dimension larger than 38 inches in one direction, 29 and more than one sign per driveway opening, as indicated in the petitioner’s previously 30 approved sign package, is hereby approved. 31 Section 5: That relief from Chapter 82-28(b)(2) to allow the installation of wall 32 signage on the south elevation of Skokie Hospital that has a gross area greater than of 200 33 ft2, is hereby approved. 34 Section 6: That relief from Chapter 82-28(d)(1) to allow wall signs on the south 35 and east elevation of Skokie Hospital resulting in a total gross surface area of all signs for a 36 building of three or more frontages in excess of 1,000 ft2, is hereby approved. 37 Section 7: That Village Ordinance 10-3-Z-3747 be and the same is hereby 38 repealed. 39 Section 8: That a notice of the approval of this Ordinance incorporating the 40 conditions contained herein shall be executed by the owner of the property in writing and 41 duly recorded with the Cook County Recorder of Deeds Office at the owner’s expense. Page 6 of 7 VOSDOCS-#411300-v1-Ordinance__2012-32P_&_2012-30P__Site_Plan_Approval__Relief__&_Repeal_of_Ordinance_10-3-Z- 3747__Skokie_Hospital__9600_Gross_Point 1 Section 9: That this Ordinance shall be in full force and effect from and after its 2 passage, approval, and recordation as provided by law. 3 ADOPTED this day of September, 2012. Ayes: Nays: Village Clerk Absent: Attested and filed in my Approved by me this day of office this day of September, 2012. September, 2012. Mayor, Village of Skokie Village Clerk 4 5 6 7 8 Page 7 of 7 VOSDOCS-#411300-v1-Ordinance__2012-32P_&_2012-30P__Site_Plan_Approval__Relief__&_Repeal_of_Ordinance_10-3-Z- 3747__Skokie_Hospital__9600_Gross_Point Exhibit A AGREEMENT FOR Exhibit B INSTALLATION AND MAINTENANCE OF LANDSCAPING Plan Commission Case 2012-32P This Agreement is entered into this day of 2012 by and between NorthShore University HealthSystem, 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 1, 2, 3, 4 AND 5 IN SKOKIE HOSPITAL FIRST SUBDIVISION, BEING A SUBDIVISION IN THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PINS: 10-10-301-018-0000, 10-10-301-019-0000, 10-10-301-020-0000 10-10-301-021-0000, 10-10-304-047-0000 commonly known as 9600 Gross Point Road, 9650 Gross Point Road, 9669 Kenton Avenue, 9618 Kenton Avenue, and 4601 Payne Street, Skokie, Illinois. 2. At or near the time of execution of this Agreement, the VILLAGE granted an Occupancy Permit, Business License, or Site Plan Approval 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 May 23, 2012 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 Jeffrey Hillebrand, COO Skokie, IL 60077 NorthShore University HealthSystem Attention: Village Clerk 1301 Central Evanston, IL 60201 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. NorthShore University HealthSystem Village of Skokie By: By: its Village Manager Title: ATTEST: ATTEST: _____ Village Clerk Its: Exhibit 1  JPH: 8/20/12 Manager’s Report C *9/19/12 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 12-9-T- AN ORDINANCE PROHIBITING TRUCKS WITH A PLATE DESIGNATION GREATER THAN “H” ON OAKTON STREET, BETWEEN LONG AVENUE AND SKOKIE BOULEVARD, IN SKOKIE, ILLINOIS 1 WHEREAS, the Village of Skokie has executed a Jurisdictional Transfer of the 2 Downtown section of Oakton Street between Long Avenue and Skokie Boulevard and this 3 street section is now under the responsibility of the Village of Skokie; and 4 WHEREAS, in response to resident inquiries and concerns regarding the number and 5 size of trucks that travel through the Downtown area, the Village retained Gewalt Hamilton 6 Associates (“Consultant”) to conduct a traffic study of Oakton Street, between Long Avenue 7 and Skokie Boulevard, in order to determine if a truck restriction based upon plate 8 designation is warranted; and 9 WHEREAS, as a result of the traffic study completed by the Consultant, a restriction of 10 trucks based upon plated designation on Oakton Street in Downtown Skokie is justified and 11 acceptable. The basis on the restriction would be more easily understood if it is associated 12 with plate designation; and 13 WHEREAS, the traffic study determined that those trucks with plate designation 14 greater then “H” would be restricted. Additionally, due to the number of business 15 establishments in the CX Core Mixed-Use zoning district, an “Except for Local Deliveries” 16 exemption is necessary; and 17 WHEREAS, the maximum weight for a truck with a plate “H” is 26,000 lbs. and by that 18 definition, light duty and medium-size duty trucks are permitted but heavy duty trucks not making 19 a delivery to a Downtown business would be prohibited; and 20 WHEREAS, Village staff communicated the truck restriction, as well as the exception for 21 local deliveries, to the Independent Merchants of Downtown Skokie (IMODs), as well as the Police 22 Department. Both IMODs and the Police Department supported the request for the truck 23 restriction, as well as the exception for local deliveries; and 24 WHEREAS, the Director of Engineering recommended to the Village Manager that the 25 truck restriction prohibiting trucks with a plate designation greater than “H” except for local 26 deliveries on Oakton Street, between Long Avenue and Skokie Boulevard,; and 27 WHEREAS, the Village Manager concurred in the aforesaid recommendation of the 28 Director of Engineering and recommended to the Mayor and Board of Trustees that the 29 aforementioned truck restriction prohibiting trucks with a plate designation greater than “H” 30 except for local deliveries on Oakton Street, between Long Avenue and Skokie Boulevard, 31 Skokie, Illinois, be adopted; and Page 1 of 2 VOSDOCS-#411126-v1-Ordinance__Truck_Restriction__Plates_Greater_than__H___Oakton_St;_Long_Ave_to_Skokie_Blvd  1 WHEREAS, the Mayor and Board of Trustees, after public meeting duly held on 2 September 4, 2012, concurred in the aforesaid recommendation of the Village Manager and 3 Traffic Engineer; 4 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the 5 Village of Skokie, Cook County, Illinois; 6 Section 1: That a restriction prohibiting trucks with a plate designation greater than 7 “H”, except for local deliveries on Oakton Street, between Long Avenue and Skokie 8 Boulevard, Skokie, Illinois, be and the same is hereby adopted. 9 Section 2: That the Village Manager is hereby directed and authorized to erect 10 traffic signs as shown on the diagram attached hereto and marked Exhibit “A” and hereby 11 made a part of this Ordinance. 12 Section 3: That no person shall operate a truck in violation of this Ordinance. 13 Section 4: That this Ordinance shall be in full force and effect from and after its 14 passage, approval and publication in pamphlet form as provided by law. ADOPTED this day of September, 2012. Ayes: Nays: Village Clerk Absent: Attested and filed in my Approved by me this day of office this day of September, 2012. September, 2012. Mayor, Village of Skokie Village Clerk 15 Page 2 of 2 VOSDOCS-#411126-v1-Ordinance__Truck_Restriction__Plates_Greater_than__H___Oakton_St;_Long_Ave_to_Skokie_Blvd Exhibit “A”  JPH: 8/20/12 Manager’s Report D *9/19/12 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 12-9-T- AN ORDINANCE REDUCING THE POSTED SPEED LIMIT FROM 30 MILES PER HOUR TO 25 MILES PER HOUR ON OAKTON STREET, BETWEEN LONG AVENUE AND SKOKIE BOULEVARD, IN SKOKIE, ILLINOIS. 1 WHEREAS, the Village of Skokie has executed a Jurisdictional Transfer of the 2 Downtown section of Oakton Street between Long Avenue and Skokie Boulevard and this 3 street section is now under the responsibility of the Village of Skokie; and 4 WHEREAS, in response to resident inquiries and concerns regarding the speed at 5 which vehicles travel through the Downtown area, the Village retained Gewalt Hamilton 6 Associates (“Consultant”) to conduct a traffic study of Oakton Street, between Long Avenue 7 and Skokie Boulevard, in order to determine if a reduction in the speed limit from 30 miles per 8 hour to 25 miles per hour was justified; and 9 WHEREAS, the results of the traffic study completed by the Consultant, showed that a 10 reduction in the speed limit was justified and acceptable for the Downtown section of Oakton 11 Street. Additionally, the Police Department concurs in the request for a reduction of the 12 speed limit from 30 miles per hour to 25 miles per hour; and 13 WHEREAS, the Traffic Engineer recommended to the Village Manager that the speed 14 limit on Oakton Street, between Long Avenue and Skokie Boulevard, Skokie, Illinois be 15 reduced from 30 miles per hour to 25 miles per hour; and 16 WHEREAS, the Village Manager concurred in the aforesaid recommendation of the 17 Director of Engineering and recommended to the Mayor and Board of Trustees that the 18 aforementioned recommendation for a reduction in the speed limit; and 19 WHEREAS, the Mayor and Board of Trustees, after public meeting duly held on 20 September 4, 2012, concurred in the aforesaid recommendation of the Village Manager and 21 Traffic Engineer; 22 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the 23 Village of Skokie, Cook County, Illinois; 24 Section 1: That the speed limit on Oakton Street, between Long Avenue and 25 Skokie Boulevard, Skokie, Illinois, be and the same is hereby reduced from 30 miles per hour 26 to 25 miles per hour as shown on the diagram attached hereto and marked Exhibit “A” and 27 hereby made a part of this Ordinance. 28 Section 2: That the Village Manager is hereby directed and authorized to erect 29 speed limit signs with the following legend in accordance with this Ordinance: Page 1 of 2 VOSDOCS-#411124-v1-Ordinance__Speed_Limit__Change_from_30_to_25__Oakton_St;_Long_Ave_to_Skokie_Blvd  SPEED LIMIT 25 MILES PER HOUR 1 Section 3: That no person shall operate a motor vehicle in violation of this 2 Ordinance. 3 Section 4: That this Ordinance shall be in full force and effect from and after its 4 passage, approval and publication in pamphlet form as provided by law. ADOPTED this day of September, 2012. Ayes: Nays: Village Clerk Absent: Attested and filed in my Approved by me this day of office this day of September, 2012. September, 2012. Mayor, Village of Skokie Village Clerk 5 Page 2 of 2 VOSDOCS-#411124-v1-Ordinance__Speed_Limit__Change_from_30_to_25__Oakton_St;_Long_Ave_to_Skokie_Blvd Exhibit “A”  E st JPH: 9/19/12 1 Reading *10/1/12 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 12-10-Z- AN ORDINANCE APPROVING A PLAT OF DEDICATION FOR A PARCEL OF LAND LOCATED ADJACENT TO 3448-3464 TOUHY AVENUE, SKOKIE, ILLINOIS IN A B2 COMMERCIAL DISTRICT FOR UTILIZATION AS A PUBLIC RIGHT OF WAY 1 WHEREAS, the CenterPoint Properties Trust, the owner of the following described 2 real property: 3 LOT 5 OF H&M REALTY SUBDIVISION, BEING A SUBDIVISION OF PART OF THE 4 SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 13 EAST 5 OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. 6 PIN: 10-26-402-062-0000 7 more commonly described as, 3448-3464 Touhy Avenue Skokie, Illinois, in an B2 Commercial 8 district, is dedicating a portion of land as shown on the “Plat of Dedication“, dated July 13, 9 2012, and subsequently revised July 16, 2012 and July 30, 2012, a copy of which is 10 attached hereto as Exhibit “1”, to the Village of Skokie for right of way purposes; and 11 WHEREAS, the property to be dedicated is a four-sided parcel measuring 7 feet x 12 352.77 feet x 7.68 feet x 355.74 feet. It is the most southern seven (7) feet of the property 13 located at 3448-3464 Touhy Avenue, Skokie, Illinois, and legally described as follows: 14 THE SOUTH 7 FEET OF LOT 5 OF H&M REALTY SUBDIVISION, BEING A 15 SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 26, 16 TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN 17 COOK COUNTY, ILLINOIS. 18 (hereinafter “Dedicated Property“); and 19 WHEREAS, pursuant to Village Ordinance 12-6-Z-3908, the owner of the Subject 20 Property (hereinafter “CenterPoint”) was granted a special use permit. Condition 4 of the 21 special use permit required the southern seven (7) feet to be dedicated to the Illinois 22 Department of Transportation (hereinafter “IDOT”) in order to be utilized for public purposes; 23 and 24 WHEREAS, the State of Illinois has ceased accepting dedications and it has been 25 agreed that the Dedicated Property will go to the Village of Skokie for public purposes in 26 order to provide room for the construction of a public sidewalk/bike path; and Page 1 of 2 VOSDOCS-#411459-v1-Ordinance__Plat_of_Dedication__Portion_of_Touhy_Ave_Adjacent_to_3450-3464_Touhy_Ave  1 WHEREAS, the Community Development Director reviewed the Plat of Dedication, 2 determined that the dedication meets all Village requirements, and has recommended its 3 acceptance as indicated in his memorandum dated August 30, 2012; and 4 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on 5 October 1, 2012, concurred in the aforesaid recommendation of the Community 6 Development Director; 7 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the 8 Village of Skokie, Cook County, Illinois: 9 Section 1: That the above stated Recitals are restated and incorporated as if 10 stated in full. 11 Section 2: That the dedication of the parcel of land measuring 7 feet x 352.77 12 feet x 7.68 feet x 355.74 feet, as shown on the “Plat of Dedication”, dated July 13, 2012, 13 and subsequently revised July 16, 2012 and July 30, 2012, to the Village of Skokie for the 14 specific public purpose of its utilization as part of the public right of way, be and the same is 15 hereby approved. 16 Section 3: That the “Plat of Dedication”, dated July 13, 2012, and subsequently 17 revised July 16, 2012 and July 30, 2012, attached as “Exhibit 1”, except as it may be 18 revised subject to the approval of the Corporation Counsel and the Village Manager or 19 designee, be and the same is hereby accepted. The Plat shall be recorded with the Cook 20 County Recorder of Deeds Office. 21 Section 4: That a notice of the approval of this Ordinance incorporating the 22 conditions contained herein shall be executed by the owner of the property in writing and 23 duly recorded with the Cook County Recorder of Deeds Office at the owner’s expense. 24 Section 5: That this Ordinance shall be in full force and effect from and after its 25 passage, approval and recordation as provided by law. 26 ADOPTED this day of October, 2012. Ayes: Nays: Village Clerk Absent: Attested and filed in my Approved by me this day of office this day of October, 2012. October, 2012. Mayor, Village of Skokie Village Clerk 27 28 Page 2 of 2 VOSDOCS-#411459-v1-Ordinance__Plat_of_Dedication__Portion_of_Touhy_Ave_Adjacent_to_3450-3464_Touhy_Ave Exhibit 1  st JPH: 9/19/12 1 reading F nd 10/1/12 2 reading LIQUOR CODE THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 12-10-C- AN ORDINANCE AMENDING CHAPTER 10 OF THE SKOKIE VILLAGE CODE PERTAINING TO THE RETAIL SALE AND REGULATION OF ALCOHOLIC LIQUOR IN THE VILLAGE OF SKOKIE 1 WHEREAS, Chapter 10 of the Skokie Village Code pertains to the retail sale and 2 regulation of alcoholic liquor in the Village of Skokie; and 3 WHEREAS, in accordance with the Illinois Liquor Control Act and the Skokie Village Code 4 (the “Code”), the Mayor is charged with the duties of Local Liquor Control Commissioner and is 5 generally responsible for the regulation of the retail sale of alcoholic liquor; and 6 WHEREAS, Chapter 10, Article II, Division 2, Section 10-63 of the Code provides for the 7 number of liquor licenses; Section 10-64 of the Code provides for liquor license classifactions; and 8 Section 10-33 of the Code provides for serving hours; and 9 WHEREAS, the Village of Skokie (hereinafter “Village) is seeking to expand its economic 10 base and encourage businesses to locate or remain in the Village; and 11 WHEREAS, on May 16, 2005, the Mayor and Board of Trustees adopted Village 12 Ordinance Number 05-5-C-3358, creating a new class of liquor licenses, referred to as Class 13 E Licenses, in an effort to encourage restaurants to locate or remain in three of the business 14 or commercial areas of the Village; and 15 WHEREAS, Class E licenses can only be used for the service of alcohol on the premises 16 of full or limited service restaurants. Package sales are prohibited. The E licenses were initially 17 assigned to three specific commercial districts; and 18 WHEREAS, in 2009, the Mayor and Board of Trustees adopted Village Ordinance 19 Number 09-4-C-3672, which created a new Class E license district for properties zoned B2 20 Commercial and B3 Business and abutting Dempster Street, in an effort to attempt to attract or 21 retain restaurants. Two Class E licenses, referred to as “E4” licenses, were assigned to this 22 new “Midtown Commercial Liquor District”; and 23 WHEREAS, in 2011, the Mayor and Board of Trustees adopted Village Ordinance 24 Number 11-7-C-3847, which divided the “Midtown Commercial Liquor District,” into two distinct 25 districts. The division is at Kildare Avenue and the districts are referred to as the “East 26 Midtown Commercial Liquor District,” and the “West Midtown Commercial Liquor District”; 27 and 28 29 WHEREAS, the Mayor has received inquires from various individuals and 30 establishments in regard to additional liquor licenses for existing and potential businesses in Page 1 of 7 VOSDOCS-#403914-v1-Ordinance__Code_Amendment__New_Class_M__Off- Premise_Sale_Hours__Chapter_10__Retail_Sale_&_Regulation_of_Liquor  1 the Village. The Mayor has previously stated that he will recommend additional licenses in 2 certain areas to foster economic activity; and 3 WHEREAS, Class E2 Licenses were created for, and restricted to, the Downtown 4 Business district, otherwise known as the “Central Commercial Liquor District” and currently 5 two of these licenses are open; and 6 WHEREAS, the Mayor, in his role as Local Liquor Control Commissioner, has 7 recommended that one of the available licenses in the Central Commercial Liquor District be 8 transferred to the South Commercial Liquor District, where there is a current demand for a 9 license; and 10 WHEREAS, the Village has been approached by mid-size retailers regarding the 11 establishment of a retail business in Skokie and have inquired about the availability of liquor 12 licenses. As a method of encouraging economic development, without causing a proliferation of 13 additional smaller package liquor establishments, the Mayor has recommended that a new class 14 of licenses be created for mid-size retailers; and 15 WHEREAS, a liquor license category M (“M” for Medium) is proposed for retailers that sell 16 liquor only for consumption off-premises and have 10,000 square feet or more but less than 17 40,000 square feet of total retail space. No minimum square footage will be required to be 18 dedicated to the sale of liquor. Any new Class M licenses will be restricted only to E districts, 19 however, a Class A license may be converted to a M license at its existing location. Six (6) new 20 liquor licenses will be created as Class M licenses and will be divided between the E Districts 21 where there is a demonstrated demand; and 22 WHEREAS, the Mayor also recommends that the Village create an additional 23 commercial liquor district to be known as the Southeast Commercial Liquor District. The new 24 district, E6, will be bounded by Hamlin Avenue, Touhy Avenue, McCormick Boulevard, and 25 Howard Street, and one (1) new E6 license will be created; and 26 27 WHEREAS, the Mayor has also recommended to curtail the hours of sale for packaged 28 liquor and no liquor may be sold for off-premise consumption after 11:00 p.m.; and 29 30 WHEREAS, the Mayor recommended to the Board of Trustees that Chapter 10 of the 31 Skokie Village Code be amended accordingly; and 32 WHEREAS, the Mayor and Board of Trustees at a public meeting duly held on August 20, 33 2012, concurred in the aforesaid recommendation of the Mayor; and 34 NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Board of Trustees of the 35 Village of Skokie, Cook County, Illinois; 36 Section 1: That Chapter 10, Section 10-63 of the Skokie Village Code be and the 37 same is hereby amended in the manner hereinafter indicated. The new material is highlighted in 38 bold and the material to be deleted is highlighted and stricken through. 39 Chapter 10 ALCOHOLIC LIQUOR 40 … 41 Page 2 of 7 VOSDOCS-#403914-v1-Ordinance__Code_Amendment__New_Class_M__Off- Premise_Sale_Hours__Chapter_10__Retail_Sale_&_Regulation_of_Liquor  1 Sec. 10-63. Number of licenses. 2 3 It is hereby determined that the number of licenses permitting the sale at retail of alcoholic liquor 4 shall be as follows: 5 TABLE INSET: 6 License Class Number of Licenses Not to Exceed A 28 B 1 C 2 E as follows: 1819 by district as follows: E1 4 E2 54 E3 34 E4 4 E5 2 E6 1 M as follows: 6 by district as follows: M1 1 M2 2 M3 0 M4 2 M5 0 M6 1 O as follows: 12 by district as follows: O1 8 O1L 3 O2 1 P-Right/P 4 T 1 7 8 9 Section 2: That Chapter 10, Section 10-64 of the Skokie Village Code be and the 10 same is hereby amended in the manner hereinafter indicated. The new material is highlighted in 11 bold and the material to be deleted is highlighted and stricken through. 12 Sec. 10-64. Classification. 13 14 Retail liquor licenses are divided into 7 8classes as described in paragraphs (a) through 15 (g h). Any applicant for a license may request that the license be designated for, and limited 16 to, the sale or service of beer and wine only. 17 … 18 19 (4) Subsequent to May 1, 2010, a Class A license shall not be used for the 20 operation of a business that sells alcoholic liquor only for the consumption off 21 of the licensee's premises. 22 Page 3 of 7 VOSDOCS-#403914-v1-Ordinance__Code_Amendment__New_Class_M__Off- Premise_Sale_Hours__Chapter_10__Retail_Sale_&_Regulation_of_Liquor  1 (5) A Class A license at any location in the Village, if the establishment 2 encompasses at least 10,000 square feet but less than 40,000 square 3 feet of total retail space, may be converted to a Class M license, but 4 shall only be utilized at the existing location. 5 … 6 7 (d) Class E license, which shall authorize the retail sale of alcoholic liquor in the following 8 areas of the Village: (i) E1 designations for the North Commercial Liquor District; (ii) E2 9 designations for the Central Commercial Liquor District; (iii) E3 designations for the 10 South Commercial Liquor District.; (iv) E4 designations for the East Midtown Commercial 11 Liquor District on Dempster Street east of Kildare Avenue; and (v) E5 designations for 12 the West Midtown Commercial Liquor District on Dempster Street west of Kildare 13 Avenue; and (vi) E6 designations for the Southeast Commercial Liquor District 14 bounded by Hamlin Avenue, Touhy Avenue, McCormick Boulevard, and Howard 15 Street. The full description of the Liquor Districts are detailed in Exhibit A, attached to 16 and incorporated into Village Ordinance Number 05-5-C-3358 and depicted on Exhibit A, 17 attached to and incorporated into Village Ordinance Number 09-4-C-3672 as amended 18 by this ordinance. 19 … 20 21 (e) Class M license which shall authorize the retail sale of alcoholic liquor for 22 consumption off-premises in establishments that encompass more than 10,000 23 square feet but less than 40,000 square feet of total retail space in the following 24 areas of the Village: (i) the North Commercial Liquor District, (ii) the Central 25 Commercial District, (iii) the South Commercial Liquor District, (iv) the East 26 Midtown Commercial Liquor District, (v) the West Midtown Commercial 27 District, and (vi) the Southeast Commercial Liquor District. There is no 28 minimum percentage of floor space which is to be designated for the retail sale of 29 alcoholic liquor; notwithstanding the area restrictions stated in this paragraph, an 30 existing Class A license may be converted to a Class M license as provided in sub 31 paragraph 10-64(a)(5). 32 33 (f) Class O license which shall authorize the retail sale of alcoholic liquor for consumption 34 off of the premises of the licensee. No alcoholic liquor shall be consumed on the 35 premises of a Class O licensee unless such alcoholic liquor is being offered as a 36 promotional event or taste testing without the payment of anything of value by the 37 consuming patron. Any business that sells alcoholic liquor solely for the purpose of being 38 consumed off the licensed premises must have a Class O license. 39 40 There will be two subclasses of Class O licenses as follows: 41 42 (1) A Subclass O1 shall be effective anywhere in the Village except those properties 43 contained in the zoning district "Office Research district". A category of O1 shall 44 be designated O1L, and will be limited to retail establishments that encompass 45 more than 40,000 square feet of total retail space. There is no minimum 46 percentage of floor space which is to be designated for the retail sale of alcoholic 47 liquor. Upon adoption of Ordinance 11-1-C-3814, any licensee with over 40,000 48 square feet of total retail space shall be automatically converted to an O1L; and 49 Page 4 of 7 VOSDOCS-#403914-v1-Ordinance__Code_Amendment__New_Class_M__Off- Premise_Sale_Hours__Chapter_10__Retail_Sale_&_Regulation_of_Liquor  1 (2) A Subclass O2 shall be effective solely in the zoning district "Office Research 2 zoning district." 3 4 (g) Class P license, which authorizes the retail sale of alcoholic liquor at a limited service or 5 full service restaurant at a specific location. Any person or entity holding a Class A 6 license and owning the real property on which a limited or full service restaurant, serving 7 alcoholic liquor, is or will be operated, may convert the Class A license to a P-Right, 8 having such rights as defined in subparagraph (2) below. 9 10 (1) Any Class A licensee, owning the real property (the "property owner") on which a 11 tenant, or management entity, does or will operate a limited service or full service 12 restaurant must obtain a P-Right from the Liquor Control Commissioner. The 13 acquisition of a P-Right will render the Class A license null and void as if it were 14 automatically repealed. The Liquor Control Commissioner shall not have the 15 authority to reissue the Class A license. 16 17 (2) A P-Right entitles the property owner to designate to the Liquor Control 18 Commissioner the identity of a tenant, or a successor tenant, to which a Class P 19 license shall be issued. The tenant must submit an application, qualify for the 20 license and comply with all sections of this Chapter. In the event the tenant's 21 lease terminates, then the Class P license will be surrendered to the Village. The 22 surrender, revocation or non-renewal of the Class P license will not affect the P- 23 Right held by the property owner. 24 25 (3) The Liquor Control Commissioner may adopt rules and regulations regarding the 26 exercise of P-Rights and issuance of Class P licenses. A P-Right shall continue 27 in existence, and will not be subject to automatic termination or loss for non-use 28 or inactivity, as long as the property owner does not violate this Chapter or the 29 rules and regulations governing P-Rights or Class P licenses. The P-Right is 30 transferable if the real property for which it applies, is transferred to a new 31 property owner. A Class P license must be renewed annually. In the event no 32 Class P license is in effect at the renewal time, the property owner must renew 33 the P-Right, and the failure to so renew will cause the P-Right to become null and 34 void. 35 36 (4) A P-Right shall only be in effect at the real property for which it was initially 37 issued, however, it may be in effect for any location within the real property, or 38 any adjacent real property, owned by the property owner. A Class P license shall 39 only be in effect at the location for which it is issued. 40 41 (5) A property owner has the right to designate itself for the issuance of a Class P 42 license. 43 44 (h) Class T license which shall authorize the retail sale of alcoholic liquor as part of the 45 operation of live theaters and movie theaters, subject to operation plans approved by the 46 Local Liquor Control Commissioner. 47 48 Section 3: That Chapter 10, Section 10-33 of the Skokie Village Code be and the 49 same is hereby amended in the manner hereinafter indicated. The new material is highlighted in 50 bold and the material to be deleted is highlighted and stricken through. Page 5 of 7 VOSDOCS-#403914-v1-Ordinance__Code_Amendment__New_Class_M__Off- Premise_Sale_Hours__Chapter_10__Retail_Sale_&_Regulation_of_Liquor  1 Sec. 10-33. Serving and Sale hours. 2 3 (a) No licensee, or officer, associate, member, representative, agent or employee of such 4 licensee, shall permit to be consumed on the premises, sell or．give away any alcoholic 5 liquor, to be consumed on premises, after the following hours. 6 7 TABLE INSET: Monday through Friday: 2:00 a.m. Saturday: 3:00 a.m. Sunday: 3:00 a.m. 8 9 No licensee shall sell or serve before the following hours: 10 11 TABLE INSET: Monday through Friday: 7:00 a.m. Saturday: 7:00 a.m. Sunday: 8:00 a.m. 12 13 (b) No licensee, officer, associate, member, representative, agent or employee of 14 such licensee, shall sell or give away any alcoholic liquor for off premises 15 consumption, after 11:00 pm: 16 17 (bc) No licensee, officer, associate, member, representative, agent or employee of an 18 off premise license shall sell or give away any alcoholic liquor before the 19 following hours: 20 21 TABLE INSET: Monday through Friday: 7:00 a.m. Saturday: 7:00 a.m. Sunday: 8:00 a.m. 22 23 24 (cd) On January 1st of each year, any licensee may permit to be consumed on the premises, 25 sell or give away any alcohol to any patron within the establishment until 5:00 a.m., provided, 26 however, that no new patrons shall be admitted to the licensed premises after 3:00 a.m. If 27 January 1st occurs on a Sunday, all selling or giving away of liquor shall cease at 3:00 a.m. 28 29 (de) Every licensee under this chapter shall cause all lights of all outside advertising display 30 or illuminating signs to be turned off at the time upon which the consumption of alcohol must 31 cease. 32 33 Section 4: That one (1) E2 license from the Central Commercial Liquor District be 34 transferred to the E3 South Commercial Liquor District; and 35 36 Section 5: That this Ordinance shall be in full force and effect from and after its 37 passage, approval and publication in pamphlet form as provided by law. 38 39 40 Page 6 of 7 VOSDOCS-#403914-v1-Ordinance__Code_Amendment__New_Class_M__Off- Premise_Sale_Hours__Chapter_10__Retail_Sale_&_Regulation_of_Liquor  ADOPTED this day of September, 2012. Ayes: Nays: Village Clerk Absent: Attested and filed in my office Approved by me this day of this day of September, 2012; September, 2012. and published in pamphlet form according to law from September , 2012 to September , 2012. Mayor, Village of Skokie Village Clerk 1 2 3 4 5 Page 7 of 7 VOSDOCS-#403914-v1-Ordinance__Code_Amendment__New_Class_M__Off- Premise_Sale_Hours__Chapter_10__Retail_Sale_&_Regulation_of_Liquor