Board of Trustees

MONDAY, OCTOBER 1, 2012 – 8:00 P.M. 1. Pledge of Allegiance led by Cub Scout Pack #85 from Middleton School. 2. Call meeting to order and roll call. 3. Approve Consent Agenda. * 4. Approve, as submitted, minutes of regular meeting held September 19, 2012. * 5. Approve Voucher List #10-FY13 of October 1, 2012. * 6. Proclamations and Resolutions. A. Proclamations: King Kuts Day – October 6, 2012 Fire Prevention Week – October 7-13, 2012 7. Recognition, Presentations and Awards. A. Presentation of a check to Skokie Fire Chief Ralph Czerwinski from Edward Czaja, Past State Commander, Stanley Zygmun, Post Commander and Mark DeGroot, Post Adjutant from the Skokie American Legion Post 320 for $100,000 to support the purchase of Fire Department equipment. 8. Appointments, Reappointments and Resignations. A. Swearing in of the following personnel by the Board of Fire and Police: Name Old Position New Position Richard Wilken New Hire Police Officer Jeffrey Riggs New Hire Police Officer Sabih Khan New Hire Police Officer * B. Reappointments: Board of Health (Two-Year Term): Bruce Gaynes, Patricia Urbanus Cable Television Advisory Commission (Two-Year Term): Douglas Gordon (One- Year Term as Chair) Consumer Affairs Commission (Two-Year Term): Gregory C. Smith, Nancy Steinfink Human Relations Commission (Three-Year Term): Michelle Reitman, Pearl W. Rubenzik, Victoria Yan * C. Resignation: Public Arts Advisory Commission: Sonya Baysinger 9. Report of the Village Manager. A. Intergovernmental Agreement with the City of Evanston Regarding Joint Use of Fire Drill Tower. * B. Bid Report – Landscaping of the Skokie Swift Oakton Station Area, Waiting Area Lot and the Kiss-n-Ride Lot – Landworks, LTD, Bolingbrook, IL - $148,739. * C. Bid Report – FY 2013 Purchase of Refuse-Packer Truck – Cumberland Service Center Inc., Arlington Heights, IL - $229,797. * D. Bid Report – FY 2013 Sidewalk Plow – EJ Equipment Co., Manteno, IL - $101,747. * E. Request to Sell Surplus Vehicles and Equipment. 10. Report of the Corporation Counsel. CONSENT: * A. 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 #413189  as a public right of way. This item is on the consent agenda for second reading and adoption. * B. 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 consent agenda for second reading and adoption. * C. An ordinance approving a traffic signal installation at Central Park Avenue and Main Street 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 Main Street in Skokie, Illinois. This item is on the consent agenda for second reading and adoption. FIRST READING: E. An ordinance establishing the compensation of Michael M. Lorge as Corporation Counsel for the Village of Skokie. This item is on the agenda for first reading and will be on the October 15, 2012 agenda for second reading and adoption. 11. Unfinished Business. A. Motion to defer to a date uncertain consideration of an ordinance pertaining to the Licensing of Multi-Unit Residential Buildings. 12. New Business. A. A Resolution Appointing Michael M. Lorge as Corporation Counsel for the Village of Skokie. 13. Plan Commission. A. Plan Commission Case 2012-40P – Zoning Chapter Amendment – Definition of Transit Systems B. Plan Commission Case 2012-42P – Special Use Permit: 3408 Main Street – Restoration Christian Fellowship 14. Citizen Comments. 15. Adjournment. #413189  WHEREAS, Congratulations are extended to Kings Kuts hair styling salon, who will be celebrating their 50th year anniversary on Saturday, October 6, 2012; and WHEREAS, owner Mickey Natale and his brother started the business in 1962, and are still at the same location, 3558 Dempster Street in Skokie, Illinois; and WHEREAS, Mickey Natale and his wife, Gloria have been married for 54 years and have two daughters; Liz, who is a stylist, and Michelle, who used to do manicures; and WHEREAS, Kings Kuts will be honoring its special day by offering a 50% discount on services, and at 7:00 p.m., they will be having music, food and a small car show. Mr. Natale will be proudly displaying his love of corvettes. NOW, THEREFORE, I, GEORGE VAN DUSEN, Mayor of the Village of Skokie, do hereby proclaim, October 6, 2012 as “KINGS KUTS DAY” in the Village of Skokie and do hereby congratulate Kings Kuts hair styling salon and its employees, continued success of their business and their continued commitment to our community and to wish Kings Kuts the very best. ____________________________________ George Van Dusen Mayor ____________________________________ Marlene Williams Village Clerk VOSDOCS-#413048-v1-Proc_50th_anniversary  WHEREAS, the Village of Skokie is committed to ensuring the safety and security of all those living in and visiting our Village; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, home fires killed more than 2,600 people in the United States, according to the latest research from the non-profit National Fire Protection Association (NFPA), and fire departments in the United States responded to more than 39,000 home fires; and WHEREAS, residents who have planned and practice home fire escape plans are more prepared and will therefore be more likely to survive a fire. Only one-third of Americans have both developed and practiced a home fire escape plan; and WHEREAS, almost three-quarters of Americans do not have an escape plan; however, less than half actually practiced it; and WHEREAS, one-third of all American households estimated they thought they would have at least six (6) minutes before a fire in their home would become life threatening. The time available is often less; and WHEREAS, Skokie’s first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, Skokie’s residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; and WHEREAS, the 2012 Fire Prevention Week theme, “Have Two Ways Out!” effectively serves to remind us to develop and practice a home fire escape plan during Fire Prevention Week all year round. NOW, THEREFORE, I, GEORGE VAN DUSEN, Mayor of the Village of Skokie, do hereby proclaim the week of October 7-13, 2012 as “FIRE PREVENTION WEEK” and urge all residents to practice their home fire escape plan during Fire Prevention Week 2012, and to support the many public safety activities and efforts of Skokie’s Fire and Emergency Services. Passed this 1st day of October 2012 __________________________________________ George Van Dusen Mayor _______________________________ Marlene Williams, Village Clerk VOSDOCS-#409646-v1-Proc___Fire_Prevention_Week  A 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_3448-3464_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_3448-3464_Touhy_Ave Exhibit 1  JPH: 8/20/12 Manager’s Report C *10/1/12 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 12-10-T- AN ORDINANCE APPROVING A TRAFFIC SIGNAL INSTALLATION AT CENTRAL PARK AVENUE AND MAIN STREET IN SKOKIE, ILLINOIS 1 WHEREAS, in response to citizen complaints regarding the growing traffic safety 2 concerns and incidents on Skokie streets, and in particular those streets surrounding schools, 3 the Mayor formed a Traffic Safety Task Force (hereinafter “Task Force”). The Task Force 4 included Village Trustees, Village staff, representatives and parents from School District 73.5; 5 and 6 WHEREAS, the Task Force was desirous of: (i) enhancing pedestrian safety with a focus 7 on the daytime school population, (ii) reducing vehicle accidents, (iii) enhancing the efficiency and 8 safety of school day pick-up and drop-off, and (iv) minimizing the quality of life impact on residents 9 and drivers in the Village of Skokie (hereinafter “Village”); and 10 WHEREAS, in an effort to gather information regarding potential traffic safety 11 improvements, the Village retained Gewalt Hamilton Associates (hereinafter “Consultant”) to 12 conduct traffic studies within the Village; and 13 WHEREAS, at a meeting on August 8, 2012, the Task Force met to discuss safety 14 concerns regarding pedestrian traffic and vehicle traffic on Main Street, specifically as it 15 relates to Middleton School. Subsequent to its discussion, the Task Force made several 16 recommendations, including the installation of a traffic signal at Central Park Avenue and Main 17 Street, which was supported by the Consultant; and 18 WHEREAS, it was determined that the traffic signal installation would be most 19 beneficial at Central Park Avenue and Main Street for several reasons: (i) the School District 20 will require that all pedestrians cross at Central Park Avenue. More than 80% of pedestrians 21 heading to the school come from west of Middleton, (ii) the new signal will have an 22 emergency vehicle pre-emption device for the Fire Station located two blocks south on 23 Central Park Avenue, (iii) it is anticipated that Ida Crown Academy will eventually relocate to 24 8255 Central Park Avenue, thus additional traffic will occur due to the influx of 300-400 high 25 school students; and (iv) the park area at Central Park Avenue and Main Street generates 26 activity and traffic; and 27 WHEREAS, the Mayor and Board of Trustees, after public meeting duly held on 28 August 20, 2012, concurred in the aforesaid recommendation of the Task Force; 29 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the 30 Village of Skokie, Cook County, Illinois; Page 1 of 2 VOSDOCS-#412339-v1-Ordinance__Traffic_Signal_Installation__Central_Park_Ave_&_Main_St  1 Section 1: That pursuant to the provisions of Chapter 106, Article II, Division 1, 2 Section 106-46 of the Skokie Village Code, a traffic control device shall be installed on Main 3 Street at the intersection of Central Park Avenue and Main Street. 4 Section 2: That the Village Manager is hereby directed and authorized to erect the 5 traffic control device at Central Park Avenue and Main Street, in accordance with the 6 provisions of this Ordinance. 7 Section 3: That this Ordinance shall be in full force and effect from and after its 8 passage, approval and publication in pamphlet form as provided by law. 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 9 10 11 12 Page 2 of 2 VOSDOCS-#412339-v1-Ordinance__Traffic_Signal_Installation__Central_Park_Ave_&_Main_St  JPH: 8/20/12 Manager’s Report D *10/1/12 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 12-10-T- AN ORDINANCE REDUCING THE POSTED SPEED LIMIT FROM 30 MILES PER HOUR TO 25 MILES PER HOUR ON MAIN STREET IN SKOKIE, ILLINOIS 1 WHEREAS, in response to citizen complaints regarding the growing traffic safety 2 concerns and incidents on Skokie streets, and in particular those streets surrounding schools, 3 the Mayor formed a Traffic Safety Task Force (hereinafter “Task Force”), which included 4 Village Trustees, Village staff, representatives and parents from School District 73.5; and 5 WHEREAS, the Task Force was desirous of: (i) enhancing pedestrian safety with a focus 6 on the daytime school population, (ii) reducing vehicle accidents, (iii) enhancing the efficiency and 7 safety of school day pick-up and drop-off, and (iv) minimizing the quality of life impact on residents 8 and drivers in the Village of Skokie (hereinafter “Village”); and 9 WHEREAS, in an effort to gather information regarding potential traffic safety 10 improvements, the Village retained Gewalt Hamilton Associates (hereinafter “Consultant”) to 11 conduct traffic studies within the Village; and 12 WHEREAS, at a meeting on August 8, 2012, the Task Force met to discuss safety 13 concerns regarding pedestrian traffic and vehicle traffic on Main Street, specifically as it 14 relates to Middleton School. Subsequent to discussion, the Task Force made several 15 recommendations, including the reduction of the speed limit from 30 miles per hour to 25 miles 16 per hour on Main Street, from McCormick Boulevard to Lincoln Avenue, which was supported 17 by the Consultant; and 18 WHEREAS, the Mayor and Board of Trustees, after public meeting duly held on 19 August 20, 2012, concurred in the aforesaid recommendation of the Task Force; 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 the speed limit on Main Street, from McCormick Boulevard to 23 Lincoln Avenue, Skokie, Illinois, be and the same is hereby reduced from 30 miles per hour to 24 25 miles per hour. 25 Section 2: That pursuant to the provisions of Chapter 106, Article II, Division 1, 26 Section 106-46 of the Skokie Village Code, traffic control signs shall be installed on Main 27 Street at the intersection of Central Park Avenue and Main Street. Page 1 of 2 VOSDOCS-#412324-v1-Ordinance__Speed_Limit__Change_from_30_to_25__Main_St 1 Section 3: That the Village Manager is hereby directed and authorized to erect the 2 necessary signs in accordance with this Ordinance: 3 Section 4: That no person shall operate a motor vehicle in violation of this 4 Ordinance. 5 Section 5: That this Ordinance shall be in full force and effect from and after its 6 passage, approval and publication in pamphlet form as provided by law. 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 7 8 Page 2 of 2 VOSDOCS-#412324-v1-Ordinance__Speed_Limit__Change_from_30_to_25__Main_St  st JPH: 10/1/12 1 Reading E *10/15/12 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 12-10-F- AN ORDINANCE ESTABLISHING THE COMPENSATION OF MICHAEL M. LORGE AS CORPORATION COUNSEL FOR THE VILLAGE OF SKOKIE 1 WHEREAS, J. Patrick Hanley has been the Corporation Counsel for the Village of Skokie 2 since November 1, 2002 and is retiring from the Village effective October 31, 2012, and will no 3 longer serve as the Village’s Corporation Counsel; and 4 WHEREAS, in accordance with the Skokie Village Code, Chapter 2, Article 3, Division 5, 5 Section 2-168, the Mayor and Board of Trustees have appointed Michael M. Lorge as Corporation 6 Counsel; and 7 WHEREAS, in accordance with the aforesaid Section 2-168, the Skokie Village Code 8 provides that the compensation of the Corporation Counsel shall be determined and fixed by the 9 Mayor and Board of Trustees; and 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 Michael M. Lorge was appointed as Corporation Counsel for the 13 Village of Skokie by the adoption of Village Resolution Number 12-10-R- on October 1, 14 2012, and that appointment shall be effective November 1, 2012. His compensation shall be 15 based upon the annualized sum of $164,521 effective November 1, 2012 through April 30, 2013; 16 Further that the Corporation Counsel shall receive the same benefits as full-time Village 17 employees as provided in the Village’s annual budget and personnel manual. 18 Section 2: That this Ordinance shall be in full force and effect from and after its 19 passage, approval and publication in pamphlet form as provided by law. 20 ADOPTED this 15th day of October, 2012. 21 22 Ayes: 23 Village Clerk 24 Nays: 25 Absent: 26 Approved by me this day of 27 Attested and filed in my office October, 2012. 28 this day of October, 2012; 29 and published in pamphlet form 30 according to law from October 31 , 2012 to October , 2012. Mayor, Village of Skokie 32 33 34 35 Village Clerk VOSDOCS-#412398-v1-Ordinance__Compensation__Michael_M__Lorge PLAN COMMISSION REPORT 2012-40P: Chapter Amendment Community Development Department Council Chambers, 8:00 PM, October 1, 2012 To: Mayor and Board of Trustees From: Paul Luke, Chairman, Skokie Plan Commission Case: 2012-40P: Zoning Chapter Amendment Local Transit Systems PLAN COMMISSION ANALYSIS At its September 6, 2012 meeting, the Plan Commission reviewed proposed regulations to add a definition of local transit systems to the Zoning chapter of the Village Code. This case specifically addresses the use of our two CTA rail stations, which are in the M2 Light Industry district. The new definition will allow a variety of limited retail amenities, such sundries, books and magazines, and some food items to patrons of the stations. These uses are not generally permitted uses on their own in the M2 district. By defining these amenities as part of local transits systems, which is a permitted use in all districts, the intent of the M2 district remains intact. INTERESTED PARTIES Legal notice was properly advertised as prescribed by the zoning chapter. No interested party spoke about this case. PLAN COMMISSION RECOMMENDATION AND VOTING The Plan Commission recommends, by a vote of 8 ayes, 0 nays, and 1 Commissioner absent, to amend sections of Chapter 118 Zoning of the Skokie Village Code, with text to be added highlighted, as presented in the staff report for this case. ATTACHMENTS 1. Staff Report for case 2012-40P, dated September 6, 2012. 2. Minutes for Plan Commission meeting for 2012-40P VOSDOCS-#412372-v1-Master_Plan_Commission_Report_for_2012- 40P__Zoning_chapter_amendment_to_add_definition_of_local_transit_systems 1 of 4 STAFF REPORT 2012-40P: Zoning Chapter Amendment Community Development Department Council Chambers, 7:30 PM, September 6, 2012 To: Paul Luke, Chairman, Skokie Plan Commission From: Steve Marciani, Planning Supervisor Case: 2012-40P: Zoning Chapter Amendment Local Transit Systems General Information Petitioner Village of Skokie Purpose To add a definition of local transit systems to the Zoning chapter of the Village Code. STAFF ANALYSIS In a continuing effort to review, modernize, simplify, and reorganize the Zoning chapter of the Skokie Village Code and to be proactive in promoting economic development, this case specifically addresses the use of our two CTA rail stations, which are in the M2 Light Industry district. The original Dempster train station building was built in 1925 and was located in what is now the B3 Business district. After the Chicago North Shore and Milwaukee Railroad ended its operation and closed that station in 1963, “temporary” platforms without a station house were used from 1964-1994 south of the original building in the M2 Light Industry. In 1994, the current station building was opened with a concession area designated but never used as such, also in the M2 district. Until recently, this concession area was used by Greyhound as a ticketing/customer service office. CTA has begun marketing the concession area. The complicated land ownership and parcel boundary lines makes rezoning the station to a district that would allow many convenience uses not permitted in industrial districts very difficult. The station buildings are located on land owned by ComEd and the Village while the land under the tracks is owned by CTA. Similarly, the new Oakton-Skokie station building is located on land owned by ComEd while the land under the tracks is owed by CTA. The CTA land is flanked again by long narrow strips owned by ComEd. All these parcels are also zoned M2. By defining local transit systems, which are permitted uses in all zoning districts, to include “station buildings that may include limited retail amenities such as ticket booths sales and other trail uses commonly found in train or bus stations” we are able to VOSDOCS-#412372-v1-Master_Plan_Commission_Report_for_2012- 40P__Zoning_chapter_amendment_to_add_definition_of_local_transit_systems 2 of 4 preserve the integrity of the industrial districts but still allow for those amenities typically associated with station facilities. Health and fitness centers is another example in the Zoning chapter that uses a definition to allow certain amenities within the facility, such as massage therapy, beauty salons, child care, and food services. STAFF RECOMMENDATION Staff recommends that the following sections of Chapter 118 Zoning of the Skokie Village Code be amended, with text to be added highlighted. ARTICLE I. IN GENERAL … Sec. 118-5. Definitions. … Local transit systems means the set of operational facilities and infrastructure improvements associated with a transportation system that operates over regular routes and on regular schedules within a local or metropolitan area, including, but not limited to, tracks, shelters, parking, taxi stands, station buildings that may include limited retail amenities such as ticket sales and other retail uses commonly found in train or bus stations, and areas for loading and unloading passengers. … VOSDOCS-#412372-v1-Master_Plan_Commission_Report_for_2012- 40P__Zoning_chapter_amendment_to_add_definition_of_local_transit_systems 3 of 4  Plan Commission Meeting Minutes Date: September 6, 2012 A motion to approve the minutes of the August 2, 2012 meeting was made by Commissioner Marek and seconded by Commissioner Stasica. All voted aye. Case Description 2012-40P – Zoning Chapter Amendment: The Village of Skokie is requesting to add a definition of local transit systems to the Zoning chapter of the Village Code. Discussion and Interested Parties Legal Notice was properly advertised as prescribed by the Zoning Chapter. Staff presented the case. Both the Dempster and the new Oakton train stations are located in the M2 Light Industry district. A variety of limited retail amenities such as ticket booths, sales of sundries, books and magazines, and some food items that are associated with people using the stations are not available as they are not permitted uses in M2. Defining and adding local transit systems to the zoning chapter allows the use to be permitted in all districts while keeping the intent of the industrial zones intact. The definition of Health and fitness centers in the Zoning chapter also is an example of a definition allowing certain limited amenities to the people using the facility. One Plan Commissioner stated that uses change over time and he would like to see an “included but not limited to” list of possibilities. It was determined that this language was already in the definition. Recommendation and Voting The Plan Commission moved to recommend approval to add the definition of local transit systems to the Zoning chapter of the Village Code. The motion was approved with a vote of 8 ayes, 0 nays and 1 member absent. Motion: Stasica Second: Berman Absent: O’Donnell Ayes: 8 Nays: 0 VOSDOCS-#412372-v1-Master_Plan_Commission_Report_for_2012- 40P__Zoning_chapter_amendment_to_add_definition_of_local_transit_systems 4 of 4 PLAN COMMISSION REPORT 2012-42P: Special Use Permit Plan Commission Council Chambers, 8:00 PM October 1, 2012 To: Mayor and Board of Trustees From: Paul Luke, Chairman Case: 2012-42P: 3408 Main Street Special Use Permit for religious assembly PLAN COMMISSION ANALYSIS At its September 20, 2012 meeting, the Plan Commission heard the request of Albert Hiok Lee and Rita Rana Lysoonwan, on behalf of Keith and Rosemarie Banks for Restoration Christian Fellowship, for a special use permit in order to operate a religious assembly use at 3408 Main Street in a B1 Service Commercial district. The church, which would contain a total of 17 seats, would hold services on Sundays from 10 a.m. to 12 p.m. and a bible study on Wednesday evenings from 7 p.m. to 9 p.m. Eight congregants presently attend the church, which is operating in Evanston. A total of 10 parking spaces are required for the church and other uses in the building. The parking lot will be restriped to a 10 space layout, bringing the parking spaces into compliance with Village Code. The Plan Commission concurred with Staff’s recommendation to grant the special use permit. In response to a question by a commissioner who asked the petitioner whether they anticipated an increase in the number of congregants in the future, given that the worship area was limited to 17 seats, the petitioner responded that they hope to double the number of attendees over the next year. If the church were to require additional seating, the petitioner stated that he would request an amendment to his special use permit in order to do so. In response to another question by a commissioner, who asked whether on street parking was available along Main Street in the vicinity of the proposed use, staff replied that they were uncertain as to whether there was parking along the north side of Main Street between Kimball Avenue and Trumbull Avenue due to the amount of driveways present, but stated that there was parking along the south side of Main Street. INTERESTED PARTIES Legal notice was properly posted, advertised, and delivered to all property owners in the area of the subject site and all occupants within the subject site as prescribed by the Zoning Chapter. No interested parties spoke regarding this case. APPEARANCE COMMISSION #413045 v1 – Master Plan Commission Report 2012-42P: Special Use Permit for Religious Assembly at 3408 Main Street 1 of 13 Appearance Commission review is not required. PLAN COMMISSION RECOMMENDATIONS AND VOTING The Plan Commission recommends by a vote of 9 ayes and 0 nays, that the petitioner’s request for a special use permit for religious assembly at 3408 Main Street be APPROVED, subject to the recommended conditions as amended. ATTENDANCE AYES NAYS ABSENT Marek X O’Donnell X Stasica X Paradise X Carandang X Laxpati (Second) X Berman X Mitchell (Moved) X Luke X ATTACHMENTS 1. Proposed Positive Findings of Fact for 2012-42P 2. Staff Report, dated September 20, 2012 3. Plan Commission Meeting Minutes for September 20, 2012 4. Plat of Survey dated November 16, 1996 (recertified) 5. Site Plan received August 12, 2012 6. Floor Plan received August 1, 2012 7. Land Use and Zoning Map #413045 v1 – Master Plan Commission Report 2012-42P: Special Use Permit for Religious Assembly at 3408 Main Street 2 of 13 PLAN COMMISSION RECOMMENDED CONDITIONS 2012-42P: Special Use Permit Plan Commission Council Chambers, 8:00 PM, October 1, 2012 RECOMMENDED SPECIAL USE CONDITIONS 1. Prior to the issuance of an occupancy permit, the property owner must: A. Repair or replace the rusted gutter along the north side of the building. B. Scrape and repaint the wood panels below the gutter on the north side of the building. C. Scrape and repaint the soffit above the front window of 3408 Main Street, where needed. D. Cover up all existing parking space striping and restripe the parking lot to provide a total of five 9-foot-wide parking spaces within each of the parking lots to the north and south of the building. 2. The maximum seating capacity in the worship area shall be limited to 17 seats. Any increase in the seating capacity or the overall area that the church occupies in the building shall require an amendment to the Special Use Permit through the full public hearing process along with a request for relief from Section 118-218(2) of the Village Code. 3. Any change in user to another religious group shall require an application for a new Special Use Permit, including public hearings. 4. One bicycle parking space must be provided in compliance with Section 118-221 of the Skokie Village Code and must be installed near the rear entrance to 3408 Main Street. STANDARD SPECIAL USE CONDITIONS 5. The petitioners must develop the Subject Property in substantial conformance with the final Village approved plat of survey dated November 16, 1996, site plan received August 12, 2012, and floor plan dated August 1, 2012. 6. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage, landscaping, structures, and any other facilities or infrastructure on the Subject Property must be maintained in a good state of repair, and when needed, be repaired or replaced in a timely manner. 7. Parking lot and exterior lighting must meet IES standards, be full cut-off design and be directed away from adjacent properties, subject to the approval of the Engineering Division. 8. All off-street parking spaces must be legibly striped and maintained. 9. All modifications to building elevations, signage, and landscaping shall be subject to the review and approval of the Skokie Appearance Commission. #413045 v1 – Master Plan Commission Report 2012-42P: Special Use Permit for Religious Assembly at 3408 Main Street 3 of 13 10. All signage must conform to the Skokie Village Code. Any sign on the Subject Property that is in violation of that Code must be removed or modified to conform with the Village Code prior to the issuance of an occupancy permit. 11. Vehicles must always be parked between, and not overlap, the striped lines of designated parking spaces and must not block driveways, sidewalks, aisles, or other points of access. 12. All private and public sidewalks must be maintained free of snow, ice, sleet, or other objects that may impede travel. 13. All buildings must meet current International Building and NFPA Life Safety Codes as amended. 14. Prior to the issuance of building permits, the petitioners must submit to the Planning Division of the Community Development Department the name, address, and telephone number of the company and contact person responsible for site maintenance in compliance with the special use permit. 15. If work is to be performed on public property or if public property is utilized or impacted during construction and/or development, the owner shall provide, or shall cause the developer and/or contractor to provide, the Village of Skokie with a certificate of insurance naming the Village of Skokie as additionally insured for any and all claims related to any and all work. The owner shall hold, and shall cause the developer and/or contractor to hold, the Village of Skokie harmless and indemnify the Village for any and all claims for property damage or personal injury related to work on or use of public property. 16. The petitioners shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. 17. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to initiate hearings to determine whether the subject Ordinance, as well as any applicable business licenses, should be revised or revoked. 18. The petitioners shall pay all costs related to any hearings conducted as a result of non-compliance with any of the provisions of the enabling ordinance. The costs shall include but not be limited to court reporter fees, attorney fees, and staff time required researching and conducting said hearing. #413045 v1 – Master Plan Commission Report 2012-42P: Special Use Permit for Religious Assembly at 3408 Main Street 4 of 13 PLAN COMMISSION POSITIVE FINDINGS OF FACT 2012-42P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, October 1, 2012 1 Consideration The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, or general welfare; and the proposed building or use at the particular location is necessary or desirable to provide a service or a facility which is in the public interest and will contribute to the general welfare of the neighborhood or community. Findings The proposed use will not be detrimental to the public welfare and safety and will provide a service which is in the public interest. 2 Consideration The proposed building or use will not substantially change the character of the neighborhood, will not have an undue adverse affect upon adjacent property or property values in the neighborhood, will not unduly aggravate traffic conditions, and will not unduly burden essential public services such as drainage facilities, public utilities, and those services pertaining to public health, safety, and welfare in general. Findings The proposed use will not substantially change the character of the neighborhood, will not have an undue adverse affect upon adjacent property or property values in the neighborhood, will not unduly aggravate traffic conditions, and will not unduly burden essential public services. The church will replace a storefront that has been vacant for many months and add vitality to small commercial section of Main Street between McCormick Boulevard and Trumbull Avenue that has experienced a loss of several businesses over the past few years. 3 Consideration The proposed building(s) or use will be designed, arranged, and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Findings The proposed use will have minimal impact upon the rest of the subject site and the neighborhood because it will only be open 2 days a week (on Sunday mornings and Wednesday evenings). The use will be designed and operated so as to permit the use of neighboring property in accordance with applicable district regulations. #413045 v1 – Master Plan Commission Report 2012-42P: Special Use Permit for Religious Assembly at 3408 Main Street 5 of 13 4 Consideration The proposed use will not alter or be contrary to the primary purpose of the zoning district of the area in which it is proposed, when its effect is considered in conjunction with the cumulative effect of the number of various special uses of all types already in the adjacent area and in the Village as a whole. Findings The proposed religious assembly use is not contrary to the primary purpose of the B1 Commercial district. The use is compatible with other uses and special uses in the adjacent area. Two uses on this block have existing special use permits: the technical school at the west end of the block and the apartment building at the east end. The proposed use will have no impact upon those uses or any other uses with special use permits in the adjacent area or in the Village as a whole. 5 Consideration The proposed use and its plan conform to the general intent of the Official Comprehensive Plan. Findings The site is designated as retail/service employment in the Comprehensive Plan and the proposed use conforms to the general intent of the plan. #413045 v1 – Master Plan Commission Report 2012-42P: Special Use Permit for Religious Assembly at 3408 Main Street 6 of 13 STAFF REPORT 2012-42P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, September 20, 2012 To: Paul Luke, Chairman, Skokie Plan Commission From: Mike Voitik, Planning Technician Re: Special Use Permit Religious Assembly Restoration Christian Fellowship 3408 Main Street General Information Location 3408 Main Street Purpose Special use permit for religious assembly Petitioner Albert Hiok Lee and Rita Rana Lysoonwan, on behalf of Keith and Rosemarie Banks for Restoration Christian Fellowship Size of Site 6,253.50 square feet (0.143 acres) with 50 feet of frontage on Main Street Existing Zoning & B1 Service Commercial – beauty parlor, vacant commercial Land Use space, food manufacturing Adjacent Zoning & North R2 Single-Family – single-family residences Land Use South R3 Combined Housing – multifamily residences R4 Multifamily Housing – multifamily residences East B1 Service Commercial – multifamily residence West B1 Service Commercial – dental clinic, technical school Comprehensive Plan The site is designated as retail/service employment. SITE INFORMATION • The subject site contains a 1-story commercial building with 3 tenant spaces. • Six nonconforming parking spaces are located within each of the parking lots to the north and south of the building. • A public sidewalk is present on Main Street. • The subject site is not directly served by public transportation. The Pace #250 bus is 4 blocks to the north along Dempster Street, and the CTA #97 bus is 4 blocks to the south along Oakton Street. • A 16-foot-wide concrete paved public alley is located to the north of the subject site. #413045 v1 – Master Plan Commission Report 2012-42P: Special Use Permit for Religious Assembly at 3408 Main Street 7 of 13 • Overhead public utilities are present along the north side of the subject site. • A driveway is present on Main Street and accesses the parking lot in front of the building. STAFF ANALYSIS Petitioner’s Submittal The petitioner is requesting a special use permit for religious assembly in a B1 Service Commercial district. Restoration Christian Fellowship intends to operate a church within the center storefront of a strip mall located at 3406-3410 Main Street. The church, which will contain a total of 17 seats, will hold services on Sundays from 10 a.m. to 12 p.m. and bible study on Wednesday evenings from 7 p.m. to 9 p.m. At the present time, there are 8 active congregants. A total of 12 parking spaces are present at the subject site right now, however they are substandard in width and were a modification of the previous parking space configuration. The parking lot will be restriped to restore the original 10 space layout, bringing the parking spaces into compliance with Village Code. The petitioners do not intend to make any changes to the exterior appearance of the building at this time. Comments Staff Comment and Review sheets were sent to all pertinent departments. Staff comments on the subject case were received from the Engineering Division. All other departments returned the sheets with no comments regarding the subject case. Engineering Division The Engineering Division has no objection to the petitioner’s request, subject to the conditions recommended by the Planning Division. Planning Division The Planning Division recommends approval of the special use permit for the religious assembly use. The church will replace a storefront that has been vacant for many months and add vitality to the commercial section of Main Street between McCormick Boulevard and Trumbull Avenue which has experienced a loss of several businesses over the past few years. The business will have minimal impact upon the rest of the subject site and the neighborhood because it will only be open 2 days a week for a period of 2 hours each day. Prior to the issuance of an occupancy permit, the existing parking space striping must be covered up and the parking lots to the north and south of the building must be restriped to provide a total of five 9-foot-wide parking spaces each. Additionally, #413045 v1 – Master Plan Commission Report 2012-42P: Special Use Permit for Religious Assembly at 3408 Main Street 8 of 13  1 bicycle parking space must be provided in compliance with Section 118-221 of the Skokie Village Code and must be installed near the rear entrance to 3408 Main Street because the sidewalk in front of the building is not wide enough to provide sufficient pedestrian clearance around a bike rack. APPEARANCE COMMISSION Appearance Commission review is not required. STAFF RECOMMENDATIONS Staff recommends that the petitioner’s request for a special use permit for religious assembly at 3408 Main Street be APPROVED, based upon the Proposed Positive Findings of Fact and subject to the recommended and standard special use permit conditions. RECOMMENDED SPECIAL USE CONDITIONS 1. Prior to the issuance of an occupancy permit, the property owner must: A. Repair or replace the rusted gutter along the north side of the building. B. Scrape and repaint the wood panels below the gutter on the north side of the building. C. Scrape and repaint the soffit above the front window of 3408 Main Street, where needed. D. Cover up all existing parking space striping and restripe the parking lot to provide a total of five 9-foot-wide parking spaces within each of the parking lots to the north and south of the building. 2. The maximum seating capacity in the worship area shall be limited to 17 seats. Any increase in the seating capacity or the overall area that the church occupies in the building shall require an amendment to the Special Use Permit through the full public hearing process along with a request for relief from Section 118-218(2) of the Village Code. 3. Any change in user to another religious group shall require an application for a new Special Use Permit, including public hearings. 4. One bicycle parking space must be provided in compliance with Section 118-221 of the Skokie Village Code and must be installed near the rear entrance to 3408 Main Street. STANDARD SPECIAL USE CONDITIONS 5. The petitioners must develop the Subject Property in substantial conformance with the final Village approved plat of survey dated November 16, 1996, site plan received August 12, 2012, and floor plan dated August 1, 2012. #413045 v1 – Master Plan Commission Report 2012-42P: Special Use Permit for Religious Assembly at 3408 Main Street 9 of 13 6. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage, landscaping, structures, and any other facilities or infrastructure on the Subject Property must be maintained in a good state of repair, and when needed, be repaired or replaced in a timely manner. 7. Parking lot and exterior lighting must meet IES standards, be full cut-off design and be directed away from adjacent properties, subject to the approval of the Engineering Division. 8. All off-street parking spaces must be legibly striped and maintained. 9. All modifications to building elevations, signage, and landscaping shall be subject to the review and approval of the Skokie Appearance Commission. 10. All signage must conform to the Skokie Village Code. Any sign on the Subject Property that is in violation of that Code must be removed or modified to conform with the Village Code prior to the issuance of an occupancy permit. 11. Vehicles must always be parked between, and not overlap, the striped lines of designated parking spaces and must not block driveways, sidewalks, aisles, or other points of access. 12. All private and public sidewalks must be maintained free of snow, ice, sleet, or other objects that may impede travel. 13. All buildings must meet current International Building and NFPA Life Safety Codes as amended. 14. Prior to the issuance of building permits, the petitioners must submit to the Planning Division of the Community Development Department the name, address, and telephone number of the company and contact person responsible for site maintenance in compliance with the special use permit. 15. If work is to be performed on public property or if public property is utilized or impacted during construction and/or development, the owner shall provide, or shall cause the developer and/or contractor to provide, the Village of Skokie with a certificate of insurance naming the Village of Skokie as additionally insured for any and all claims related to any and all work. The owner shall hold, and shall cause the developer and/or contractor to hold, the Village of Skokie harmless and indemnify the Village for any and all claims for property damage or personal injury related to work on or use of public property. 16. The petitioners shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. 17. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to initiate hearings to determine whether the subject Ordinance, as well as any applicable business licenses, should be revised or revoked. 18. The petitioners shall pay all costs related to any hearings conducted as a result of non-compliance with any of the provisions of the enabling ordinance. The costs #413045 v1 – Master Plan Commission Report 2012-42P: Special Use Permit for Religious Assembly at 3408 Main Street 10 of 13  shall include but not be limited to court reporter fees, attorney fees, and staff time required researching and conducting said hearing. ATTACHMENTS 1. Proposed Positive Findings of Fact 2. Memorandum from the Engineering Division dated September 13, 2012 3. Plat of Survey dated November 16, 1996 (recertified) 4. Site Plan received August 12, 2012 5. Floor Plan received August 1, 2012 6. Land Use and Zoning Map #413045 v1 – Master Plan Commission Report 2012-42P: Special Use Permit for Religious Assembly at 3408 Main Street 11 of 13 Proposed Positive Findings of Fact 2012-42P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, September 20, 2012 1 Consideration The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, or general welfare; and the proposed building or use at the particular location is necessary or desirable to provide a service or a facility which is in the public interest and will contribute to the general welfare of the neighborhood or community. Findings The proposed use will not be detrimental to the public welfare and safety and will provide a service which is in the public interest. 2 Consideration The proposed building or use will not substantially change the character of the neighborhood, will not have an undue adverse affect upon adjacent property or property values in the neighborhood, will not unduly aggravate traffic conditions, and will not unduly burden essential public services such as drainage facilities, public utilities, and those services pertaining to public health, safety, and welfare in general. Findings The proposed use will not substantially change the character of the neighborhood, will not have an undue adverse affect upon adjacent property or property values in the neighborhood, will not unduly aggravate traffic conditions, and will not unduly burden essential public services. The church will replace a storefront that has been vacant for many months and add vitality to small commercial section of Main Street between McCormick Boulevard and Trumbull Avenue that has experienced a loss of several businesses over the past few years. 3 Consideration The proposed building(s) or use will be designed, arranged, and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Findings The proposed use will have minimal impact upon the rest of the subject site and the neighborhood because it will only be open 2 days a week (on Sunday mornings and Wednesday evenings). The use will be designed and operated so as to permit the use of neighboring property in accordance with applicable district regulations. #413045 v1 – Master Plan Commission Report 2012-42P: Special Use Permit for Religious Assembly at 3408 Main Street 12 of 13 4 Consideration The proposed use will not alter or be contrary to the primary purpose of the zoning district of the area in which it is proposed, when its effect is considered in conjunction with the cumulative effect of the number of various special uses of all types already in the adjacent area and in the Village as a whole. Findings The proposed religious assembly use is not contrary to the primary purpose of the B1 Commercial district. The use is compatible with other uses and special uses in the adjacent area. Two uses on this block have existing special use permits: the technical school at the west end of the block and the apartment building at the east end. The proposed use will have no impact upon those uses or any other uses with special use permits in the adjacent area or in the Village as a whole. 5 Consideration The proposed use and its plan conform to the general intent of the Official Comprehensive Plan. Findings The site is designated as retail/service employment in the Comprehensive Plan and the proposed use conforms to the general intent of the plan. #413045 v1 – Master Plan Commission Report 2012-42P: Special Use Permit for Religious Assembly at 3408 Main Street 13 of 13  Plan Commission Meeting Minutes Date: September 20, 2012 A motion to approve the minutes of the September 6, 2012 meeting was made by Commissioner Stasica and seconded by Commissioner Mitchell. All voted aye. Case Description 2012-42P – Special Use Permit: 3408 Main Street Albert Hiok Lee and Rita Ratana Lysoonwan, on behalf of Keith and Rosemarie Banks for Restoration Christian Fellowship, request a special use permit for religious assembly in a B1 Service Commercial district and any relief that may be discovered during the review of this case. Discussion and Interested Parties Legal Notice was properly posted, advertised and delivered to all property owners in the area of the subject site as prescribed by the Zoning Chapter. Keith and Rosemarie Banks presented the case. He is an elder and she is the pastor for the small, 8 member Christian based church. This storefront, located in a strip mall, has been vacant for several years. They would like to hold religious services on Sunday mornings from 10 AM to 12 PM and bible study on Wednesday evenings from 7 PM to 9PM. They currently are operating out of the Masonic Temple in Evanston. Having the empty space transformed into a viable use will help revitalize the area, increase foot traffic and be a welcomed improvement to the neighborhood. One Plan Commissioner asked about any expansion of the congregation within the next year. They anticipate doubling in size by then. He also brought to their attention that a recommended special use condition is only allowing 17 seats. Staff summarized the report and is supportive of the use. There is no conflict with other businesses at this site as the church will operate with limited hours. There are 12 existing non-conforming, sub-standard parking spaces from a previous modification. The lot must be re-striped to only contain 10 spaces. The building needs minor work for occupancy. The petitioners worked closely with staff and are agreeable to the recommended conditions listed in the report. Recommendation and Voting The Plan Commission moved to recommend approval for religious assembly at this location based on positive findings of fact. The motion was approved with a vote of 9 ayes and 0 nays. Motion: Mitchell Second: Laxpati Ayes: 9 Nays: 0 413073 Plan Commission meeting minutes 9/6/2012 Case 2012-42P  AVENUE AVENUE R2 AVENUE R2 R2 R2 SINGLE-FAMILY RESIDENTIAL SINGLE-FAMILY RESIDENTIAL SINGLE-FAMILY RESIDENTIAL 2012-42P SUBJECT SITE B1 B1 R3 TECHNICAL B1 SERVICE COMMERCIAL COMBINED HOUSING SCHOOL MAIN STREET R4 B1 CHRISTIANA CONDOMINIUM B1 TRUMBULL SERVICE COMMERCIAL KIMBALL R2 R3 SINGLE-FAMILY RESIDENTIAL COMBINED HOUSING R4 R4 R3 MULTIFAMILY HOUSING NORTH 2012-42P: 3408 Main Street (Special Use Permit)