Board of Trustees

MONDAY, OCTOBER 21, 2013 – 8:00 P.M. 1. Pledge of Allegiance led by Village Clerk Pramod Shah. 2. Call meeting to order and roll call. 3. Approve Consent Agenda. * 4. Approve, as submitted, minutes of regular meeting held Monday, October 7, 2013. * 5. Approve Voucher List #11-FY14 of October 21, 2013. 6. Proclamations and Resolutions. A. Resolution: Honoring Calvin R. Sutker – Mayor Van Dusen will read and present to the Sutker Family * B. Proclamations: Make A Difference Day – October 27, 2013 COPD Awareness Month – November 2013 Illinois Affordable Housing Month – November 2013 7. Recognition, Awards and Honorary Presentations. 8. Appointments, Reappointments and Resignations. A. Swearing in of the following personnel by the Board of Fire and Police: Name Old Position New Position Carl Smits New Hire Firefighter * B. Appointment: Human Relations Commission: Karen Lise Sherman (Term Expires 10/21/16) * C. Reappointments: Public Safety Commission: Julian Levy (Term Expires 10/21/15) Telecommunications Advisory Commission: Roger Safian (Term Expires 10/21/15) * D. Resignation: Centre East Authority Board: Brian Hickey 9. Presentations and Reports. 10. Report of the Village Manager. A. Recommendation for Cook County Class 6B Property Tax Incentive – 7326-28 Ridgeway Avenue. * B. Round Planter Pots for Downtown Skokie – Kornegay Design, LLC, Phoenix, AZ - $26,757.50. * C. Purchase of Dump Truck for Public Works – Currie Motors, Frankfort, IL - $64,647. * D. Bid Report – Two Refuse Packer Trucks for Public Works – Cumberland Service Center, Inc., Arlington Heights, IL - $450,862. E. Request for Executive Session. 11. Report of the Corporation Counsel. CONSENT: * A. An ordinance reducing the speed limit from 30 miles per hour to 25 miles per hour on Lincoln Avenue, between Linder Avenue and Galitz Street, in Skokie, Illinois. This item is on the consent agenda for second reading and adoption. * B. An ordinance providing for the installation and establishment of two-way stop sign controls at the intersections of Madison Street and Harding Avenue and Madison AR:lg 438166  Street and Springfield Avenue, Skokie, Illinois. This item is on the consent agenda for second reading and adoption. * C. An ordinance granting a special use permit to allow religious assembly at 4255 Main Street, Skokie, Illinois in a B1 Service Commercial district (2013-26P). This item is on the consent agenda for second reading and adoption. FIRST READING: D. An ordinance amending Chapter 18, Articles I and IV, of the Skokie Village Code pertaining to the keeping of various animals. This item is on the agenda for first reading and will be on the November 4, 2013 consent agenda for second reading and adoption. E. Request for an executive session in accordance with paragraph 2(c)(11) of the Illinois Open Meetings Act pertaining to the review and discussion of pending litigation. 12. Unfinished Business. A. Request for executive sessions on October 28, 29 and 30 at 6:30 p.m. in accordance with Section 2, Paragraph C.1 of the State of Illinois Open Meetings Act, a closed session is requested and to adjourn therefrom. 13. New Business. 14. Plan Commission. 15. Citizen Comments. 16. Adjournment. AR:lg 438166  WHEREAS, serious social problems concern our nation and threaten its future; and WHEREAS, connecting with others and working together through volunteer service can bridge the differences that separate people and help solve serious social problems; and WHEREAS, we, the American people, have a tradition of philanthropy and volunteerism; and WHEREAS, millions of self sacrificing individuals touched and enhanced the lives of millions on the annual Make A Difference Day by giving where there was a need, rebuilding what had been torn down, teaching where there was a desire to learn and inspiring those who had lost hope; and WHEREAS, USA WEEKEND Magazine and its affiliate newspapers and The Points of Light Foundation and its affiliate Volunteer Centers have joined to promote an annual national day of doing good that celebrates and strengthens the spirit of volunteer service; and WHEREAS, volunteer service is an investment in the future we all must share. NOW, THEREFORE, I, GEORGE VAN DUSEN, Mayor of the Village of Skokie, do hereby proclaim October 27, 2013 as "MAKE A DIFFERENCE DAY" and urge my fellow citizens to observe this day by connecting with friends, fellow employees and relatives and with religious, school and civil groups, to engage in projects benefiting their community. Dated this 21st day of October 2013 ________________________________ George Van Dusen Mayor _______________________________________ Pramod C. Shah Village Clerk VOSDOCS-#1360-v1-Proc___Make_a_Difference_Day_  WHEREAS, Chronic Obstructive Pulmonary Disease (COPD) is an umbrella term used to describe airflow obstruction that is associated mainly with emphysema and chronic bronchitis; and WHEREAS, COPD affects an estimated 24 million people, and kills more than 120,000 a year, many people have not yet learned about this debilitating disease; and WHEREAS, of the top five diseases that kill Americans, including heart disease and cancer, all but one of those, COPD, are on the decline; and WHEREAS, pulmonary experts predict that by the year 2020, COPD will be the third-most deadly disease, in the world; and WHEREAS, COPD currently accounts for 1.5 million emergency room visits and 8 million physician office and hospital outpatient visits to the detriment of the U.S. economy an estimated $32.1 billion a year in direct and indirect medical costs; and WHEREAS, while the Chicago area is acknowledged as the epicenter of the asthma epidemic, smoking and exposure to second-hand smoke and other air pollutants from smokestack industries, like coal-fired power plants are identified as primary irritants in the area; and WHEREAS, research has identified that there is a hereditary factor to COPD that manifests in families that tend to develop the disease, despite lack of exposure to environmental triggers; and WHEREAS, recently, the death rate for women with COPD has surpassed the death rate of men with COPD, and women, over the age of 40, are the fastest growing segment of the population developing this irreversible disease, due in large to the equalization of opportunity for men and women to smoke over the past several generations; and WHEREAS, there is no cure for COPD, medical treatment exist to address symptom relief and slow the progression of the disease, and there are promising research leads on medications that might be able to repair damage to lung tissue caused by COPD; and WHEREAS, until there is a cure, the best approach to preventing COPD and its considerable health, social and mortality impacts lie with education, awareness and expanded delivery of detection and management protocols. NOW, THEREFORE, I, GEORGE VAN DUSEN, Mayor of the Village of Skokie, do hereby proclaim the month of November 2013 as “COPD AWARENESS MONTH” Dated this 21st day of October 2013 _______________________________________ George Van Dusen, Mayor ____________________________________ Pramod C. Shah, Village Clerk VOSDOCS-#255693-v1-proc__COPD_Awareness_Month  WHEREAS, securing decent, safe, accessible, and affordable housing is a part of the American Dream and a goal of Illinois citizens; and WHEREAS, efforts to help citizens secure affordable home ownership and rental housing opportunities are legitimate and necessary activities of both state government and the private sector, as witnessed by the many Illinois citizens who have benefited from state programs; and WHEREAS, affordable housing remains only a dream to thousands of Illinois citizens; and WHEREAS, reductions in federal housing assistance and rising housing costs have contributed to high rent burdens on senior citizens, low-income families, and others; and WHEREAS, access to affordable housing can be achieved through cooperative local, state, and federal efforts; and WHEREAS, the talents of grassroots organizations, nonprofit housing professionals, financial institutions, elected officials, state agencies, and others must be combined to address the immense challenge of increased affordable housing. NOW, THEREFORE, I, GEORGE VAN DUSEN, Mayor of the Village of Skokie, do here proclaim the month of November 2013, as “ILLINOIS AFFORDABLE HOUSING MONTH” in the Village of Skokie to promote appropriate activities by private and public entities aimed at providing or advocating for accessible, affordable housing for all Illinois citizens. Dated this 21st day of October 2013 _______________________________________ George Van Dusen Mayor ____________________________________ Pramod C. Shah Village Clerk VOSDOCS-#61608-v1-Proc__Affordable_Housingg  MML: 10/7/13 Manager’s Report A *10/21/13 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 13-10-T- AN ORDINANCE REDUCING THE SPEED LIMIT FROM 30 MILES PER HOUR TO 25 MILES PER HOUR ON LINCOLN AVENUE, BETWEEN LINDER AVENUE AND GALITZ STREET, IN SKOKIE, ILLINOIS 1 WHEREAS, due to an ongoing concern regarding the speed of traffic in the Downtown 2 area, a reduction of the speed limit on Lincoln Avenue, between Linder Avenue and Galitz Street, 3 was requested by the Village to the State of Illinois. Lincoln Avenue is an Illinois Department of 4 Transportation (“IDOT”) roadway; and 5 WHEREAS, pursuant to IDOT policies and procedures, the Village conducted a traffic 6 study on a speed limit reduction for this section of Lincoln Avenue. Included in the study were: a 7 review of access points, pedestrian and vehicular traffic volumes, accident history and on-street 8 parking conditions; and 9 WHEREAS, upon review of the Village’s request for a reduction of the speed limit from 30 10 miles per hour to 25 miles per hour on Lincoln Avenue between Linder Avenue and Galitz Street 11 and the Village’s traffic study, IDOT agreed with the request; and 12 WHEREAS, based on the foregoing information, the Director of Engineering recommends 13 that the speed limit on Lincoln Avenue between Linder Avenue and Galitz Street be reduced from 14 30 miles per hour to 25 miles per hour as shown on the diagram attached hereto and marked 15 Exhibit “A”; 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 request for a reduction in the speed limit be granted; and 19 WHEREAS, the Mayor and Board of Trustees, after public meeting duly held on October 20 21, 2013, concurred in the aforesaid recommendation of the Village Manager and Traffic 21 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 Lincoln Avenue, between Linder Avenue and Galitz 25 Street, Skokie, Illinois, be and the same is hereby reduced from 30 miles per hour to 25 miles per 26 hour as shown on the diagram attached hereto and marked Exhibit “A” and hereby made a part of 27 this Ordinance. 28 Section 2: That the State of Illinois will erect the speed limit signs with the following 29 legend: Page 1 of 3 VOSDOCS-#436770-v1-Ordinance__Speed_Limit_Reduction__Lincoln_Avenue__Linder_to_Galitz.doc  SPEED LIMIT 25 MILES PER HOUR 1 Section 3: That no person shall operate a motor vehicle in violation of this Ordinance. 2 Section 4: That this Ordinance shall be in full force and effect from and after its 3 passage, approval and publication in pamphlet form as provided by law. 4 5 ADOPTED this day of October 2013. 6 7 Village Clerk 8 Ayes: 9 Nays: 10 Absent: 11 12 Approved by me this day of 13 Attested and filed in my office this October 2013. 14 day of October 2013; and 15 published in pamphlet form according 16 to law from October , 2013 Mayor, Village of Skokie 17 to October , 2013. 18 19 20 Village Clerk 21 22 23 Page 2 of 3 VOSDOCS-#436770-v1-Ordinance__Speed_Limit_Reduction__Lincoln_Avenue__Linder_to_Galitz.doc  Exhibit A Page 3 of 3 VOSDOCS-#436770-v1-Ordinance__Speed_Limit_Reduction__Lincoln_Avenue__Linder_to_Galitz.doc  MML: 10/7/13 Manager’s Report B *10/21/13 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 13-10-T- AN ORDINANCE PROVIDING FOR THE INSTALLATION AND ESTABLISHMENT OF TWO-WAY STOP SIGN CONTROLS AT THE INTERSECTIONS OF MADISON STREET AND HARDING AVENUE AND MADISON STREET AND SPRINGFIELD AVENUE, SKOKIE, ILLINOIS 1 WHEREAS, at the request of the residents, the Engineering Division conducted a study 2 reviewing and monitoring the intersection of Madison Street and Harding Avenue for additional 3 intersection control including consideration of four-way stop control. As part of the study, the 4 adjacent intersection of Madison Street and Springfield Avenue was also reviewed; and 5 WHEREAS, the intersections of Madison Street and Harding Avenue and Madison Street 6 and Springfield Avenue (hereinafter “Subject Intersections”) are both currently controlled by two- 7 way yield controls with Madison Avenue as the east-west street; and 8 WHEREAS, the Engineering Division study, conducted in May of 2013, led to the following 9 determinations: 10 i. The traffic volumes on Madison Street are much greater than those of Springfield 11 Avenue or Harding Avenue and there is a sight distance restriction; 12 ii. Yield sign control does not exist anywhere else in the immediate area; 13 iii. The alternating pattern of a two-way stop sign control is a safety measure. It aids 14 in defining a residential area and has a traffic calming effect; 15 iv. An upgrade of the existing yield control intersections to stop sign control will 16 improve the safety characteristics of the area by conforming with the existent 17 alternate placement and defined traffic control pattern in the area; and 18 WHEREAS, based on the foregoing, the Director of Engineering recommended that the 19 that the traffic control device on Harding Avenue, at the intersection of Madison Street and 20 Harding Avenue, and the traffic control device on Madison Street, at the intersection of Madison 21 Street and Springfield Avenue, be upgraded to two-way stop signs, as indicated on the diagram 22 attached hereto marked Exhibit "A"; and 23 WHEREAS, the Village Manager concurred in the aforesaid recommendation of the 24 Director of Engineering and recommended to the Mayor and Board of Trustees that the upgrade 25 of existing yield signs to two-way stop signs at the Subject Intersections be approved; and 26 WHEREAS, the Mayor and Board of Trustees, after public meeting duly held on October 27 7, 2013, concurred in the aforesaid recommendation of the Village Manager and the Director of 28 Engineering; Page 1 of 3 VOSDOCS-#436774-v1-Ordinance__Stop_Signs__Intersections_of_Madison_Harding_&_Madison_Springfield.doc 1 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the 2 Village of Skokie, Cook County, Illinois; 3 Section 1: That pursuant to the provisions Chapter 106, Article II, Division 1, Section 4 106-47 of the Skokie Village Code and the Illinois Vehicle Code, two-way stop sign controls shall 5 be installed at the intersections of Madison Street and Harding Avenue and Madison Street and 6 Springfield Avenue in accordance with the diagram attached hereto and marked Exhibit "A" and 7 hereby made a part of this Ordinance. 8 Section 2: That the Village Manager is hereby directed and authorized to erect the 9 necessary signs in accordance with the provisions of this Ordinance. 10 Section 3: That this Ordinance shall be in full force and effect from and after its 11 passage, approval and publication in pamphlet form as provided by law. 12 13 ADOPTED this day of October, 2013. 14 15 Village Clerk 16 Ayes: 17 Nays: 18 Absent: 19 20 Approved by me this day of 21 Attested and filed in my office this October, 2013. 22 day of October, 2013; and 23 published in pamphlet form according 24 to law from October , 2013 Mayor, Village of Skokie 25 to October , 2013. 26 27 28 Village Clerk 29 Page 2 of 3 VOSDOCS-#436774-v1-Ordinance__Stop_Signs__Intersections_of_Madison_Harding_&_Madison_Springfield.doc  Exhibit A Page 3 of 3 VOSDOCS-#436774-v1-Ordinance__Stop_Signs__Intersections_of_Madison_Harding_&_Madison_Springfield.doc  MML: *10/21/13 C PC: 2013-26P SUP: 192.02 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 13-10-Z- AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW RELIGIOUS ASSEMBLY AT 4255 MAIN STREET, SKOKIE, ILLINOIS IN A B1 SERVICE COMMERCIAL DISTRICT 1 WHEREAS, the owner (“Petitioner”) of the following described real property: 2 LOTS 18, 19 AND 20 IN KRENN AND DATO’S MAIN KOSTNER SUBDIVISION OF THE 3 NORTHWEST ¼ OF THE SOUTHEAST ¼ AND THE WEST ½ OF THE SOUTHWEST ¼ 4 OF THE SOUTHEAST ¼ OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 13, EAST 5 OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF, 6 RECORDED AUGUST 13, 1924 AS DOC. 8550486, IN COOK COUNTY, ILLINOIS. 7 PINS: 10-22-402-001-0000, 10-22-402-002-0000, 10-22-402-003-0000 8 more commonly described as 4255 Main Street, Skokie, Illinois (the “Subject Property”), 9 petitioned the Village of Skokie, on behalf of Kaleemiah Foundation, for a special use permit to 10 allow religious assembly in a B1 Service Commercial district; and 11 WHEREAS, the Kaleemiah Foundation is a new mosque and it is expected to gain 12 membership from the surrounding neighborhood. It is anticipated that approximately 50 persons 13 will attend regularly held prayer meetings. While attendance may grow, a limit of 60 people could 14 attend services at any one time; and 15 WHEREAS, the building will be utilized exclusively as a mosque. The petitioner stated no 16 space will be rented out in the building and that the building will not be used for a community center 17 or for banquets or weddings; and 18 WHEREAS, the proposed mosque plans include two prayer rooms, a library, a 19 meeting/refreshment room and a prep kitchen on the first floor. The second floor will have offices 20 and a conference room; and 21 WHEREAS, while the building would be open every day for prayer, the petitioner stated 22 that the mosque would be used minimally except for one primary service per week, midday Friday. 23 Most prayer meetings would last 45 to 60 minutes with an anticipated attendance of 15 to 20 24 persons; however, not all persons would attend the prayer sessions at the same time; and 25 WHEREAS, the Village parking requirement for religious assembly is one parking space 26 per four seats. A parking analysis was conducted, and for the purposes of the analysis, one mat 27 was equivalent to one seat. Based on the Village’s parking requirement, 60 mats require 15 28 parking spaces. Currently, the building meets the Village requirement with seven spaces provided 29 to the south of the building and eight spaces provided to the north, including one handicapped 30 parking space; and Page 1 of 4 VOSDOCS-#438015-v1-Ordinance__2013-26P__SUP__Religious_Assembly__4255_Main.doc 1 WHEREAS, prayer rooms and offices will not be used simultaneously. During the set times 2 for prayer, all persons in the building will attend services, thus eliminating the need for a parking 3 requirement for the offices in addition to the prayer rooms; and 4 WHEREAS, at a public hearing of the Skokie Plan Commission, duly held on August 1, 5 2013, for which proper legal notice had been achieved, ten interested parties appeared in support 6 of and opposition to the special use request. Concerns were expressed about the possibility of 7 increased traffic, inadequate parking, street congestion, the possibility that the proposed mosque 8 would outgrow the facilities and the potential loss of real estate tax revenue. There was support for 9 the mosque in that it will occupy a vacant building and meet the needs of an ethnically diverse 10 neighborhood; and 11 WHEREAS, after hearing all testimony, the Skokie Plan Commission: (a) made the 12 appropriate findings of fact as required under Section 118-32 of the Skokie Village Code and (b) 13 voted to recommend to the Mayor and Board of Trustees that the requested special use permit be 14 granted subject to the conditions contained in the Plan Commission Report dated September 16, 15 2013; and 16 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on September 17 16, 2013, concurred in the aforesaid recommendations and findings of fact of the Skokie Plan 18 Commission; 19 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village 20 of Skokie, Cook County, Illinois: 21 Section 1: That the special use permit requested by the petitioner to allow religious 22 assembly at the Subject Property, described above and commonly known as 4255 Main Street, 23 Skokie, Illinois, in a B1 Service Commercial district, be and the same is hereby granted and 24 approved subject to each of the conditions set forth below: 25 1. The Petitioner shall develop the Subject Property in substantial conformance with the final 26 Village approved site plans dated October 15, 2013 and building plans dated June 18, 2013; 27 2. Building Occupancy shall be limited to 60 persons at any one time. 28 3. Prior to occupancy the following must be complete: 29 a. Reduce the Main Street entrance driveway width to 24 feet. Restore the parkway 30 with sod and provide 1 parkway tree to the east of the driveway; 31 b. Provide pavement maintenance, including removal and replacement of pavement 32 (preferred), or pavement crack filling and sealing, and restriping; 33 c. Repair or replace the existing fencing and brick piers adjacent to the north parking 34 lot; 35 d. Provide 1 new parkway tree at a distance of 30 from adjacent trees within the Kildare 36 Avenue parkway; 37 e. Remove all addressing from the building other than the 4255 address. Place 4255 38 address labels at all points of entry to the building. Address labels must be no less 39 than 4 inches in height; 40 f. Install a 2’ x 6’ bicycle parking pad within the Kildare Avenue parkway and provide 41 parking for 1 bicycle; 42 Page 2 of 4 VOSDOCS-#438015-v1-Ordinance__2013-26P__SUP__Religious_Assembly__4255_Main.doc 1 4. Parking lot and exterior lighting, if provided, shall meet Illuminating Engineering Society of 2 North America (IES) standards, be full cut-off design, and be directed away from adjacent 3 properties, subject to the approval of the Engineering Division; 4 5. All existing damaged public sidewalks or public sidewalks damaged due to the 5 implementation of this plan shall be replaced; 6 6. All objects and landscaping within a 15-foot sight distance triangle shall not exceed 30 7 inches in height, except traffic control devices listed in the Manual on Uniform Traffic Control 8 Devices; 9 7. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage, 10 landscaping, structures, and any other facilities or infrastructure on the Subject Property 11 shall be maintained in a good state of repair, and when needed, be repaired or replaced in a 12 timely manner; 13 8. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects 14 that may impede travel; 15 9. Trash shall only be allowed within a designated trash enclosure and shall be screened from 16 public view in an enclosure approved by the Director of Community Development. All trash 17 shall be contained in such a way as to remain out of sight at all times; 18 10. All off-street parking spaces shall be legibly striped and maintained; 19 11. Any plan to modify parking lot striping must be approved by the Director of Engineering; 20 12. The proposed development shall have a minimum of 15 off-street vehicle parking spaces 21 including 1 handicapped parking space, as indicated on the Subject Property plan dated 22 October 15, 2013; 23 13. The handicapped parking spaces shall be installed and maintained in compliance with State of 24 Illinois Accessibility Standards and the Skokie Village Code, including required signage; 25 14. Vehicles shall not be allowed to be parked in or otherwise block common driveways, 26 sidewalks, aisles, or other points of access at any time, shall only be parked in designated 27 parking spaces, and shall not overlap the striped lines of designated parking spaces; 28 15. All required parking spaces on the site shall be for the exclusive use of building occupants; 29 16. All new construction, alterations, and remodeling shall meet current International Building 30 and NFPA Life Safety Codes as amended; 31 17. The petitioner shall obtain all required permits and approvals for improvements to County, 32 State, or Federal rights-of-way from the governing jurisdiction; 33 18. Prior to the issuance of building permits, the petitioner shall submit to the Village of Skokie 34 Community Development Department a Cook County Assessor's Office Petition to 35 Consolidation of Property with associated fees to consolidate property identification 36 numbers 10-22-402-001-0000, 10-22-402-002-0000, and 10-22-402-003-0000 into a single 37 tax parcel or provide evidence that the petition was submitted to Cook County; 38 19. All signage shall conform to the Skokie Village Code. Any sign on the Subject Property that 39 is in violation of that Code must be removed or modified to conform with the Village Code 40 prior to the issuance of an occupancy permit; 41 20. All modifications to building elevations, signage, and landscaping shall be subject to the 42 review and approval of the Skokie Appearance Commission; 43 21. The petitioner shall submit to the Planning Division electronic files of the plat of survey, site Page 3 of 4 VOSDOCS-#438015-v1-Ordinance__2013-26P__SUP__Religious_Assembly__4255_Main.doc 1 plan, and landscape plan in their approved and finalized form. The files shall be scaled 2- 2 dimensional drawing files on non-compressed, non-read only CD-ROM *.dwg AutoCAD 3 format; 4 22. Prior to the issuance of building permits, the petitioner shall submit to the Planning Division 5 of the Community Development Department the name, address, and telephone number of 6 the company and contact person responsible for site maintenance in compliance with the 7 special use permit; 8 23. If work is to be performed on public property or if public property is utilized or impacted 9 during construction and/or development, the owner shall provide, or shall cause the 10 developer and/or contractor to provide, the Village of Skokie with a certificate of insurance 11 naming the Village of Skokie as additionally insured for any and all claims related to any and 12 all work. The owner shall hold, and shall cause the developer and/or contractor to hold, the 13 Village of Skokie harmless and indemnify the Village for any and all claims for property 14 damage or personal injury related to work on or use of public property; 15 24. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations 16 and all Village codes, ordinances, rules, and regulations; and 17 25. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to 18 initiate hearings to determine whether the subject Ordinance, as well as any applicable 19 business licenses, should be revised or revoked. The petitioner shall pay all costs related to 20 any hearings conducted as a result of non-compliance with any of the provisions of the 21 enabling ordinance. The costs shall include but not be limited to court reporter fees, 22 attorney fees, and staff time required researching and conducting said hearing. 23 Section 2: That a notice of the approval of this Ordinance incorporating the 24 conditions contained herein shall be executed by the owner of the property in writing and duly 25 recorded with the Cook County Recorder of Deeds Office at the owner’s expense. 26 Section 3: That this Ordinance shall be in full force and effect from and after its 27 passage, approval and recordation as provided by law. 28 ADOPTED this day of October, 2013. 29 30 Village Clerk 31 Ayes: 32 Nays: 33 Absent: 34 Approved by me this day of 35 Attested and filed in my October, 2013. 36 office this day of 37 October, 2013. 38 39 Mayor, Village of Skokie 40 41 Village Clerk Page 4 of 4 VOSDOCS-#438015-v1-Ordinance__2013-26P__SUP__Religious_Assembly__4255_Main.doc  MML: 10/21/13 1st Reading D *11/4/13 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 13-11-C- AN ORDINANCE AMENDING CHAPTER 18, ARTICLES I AND IV, OF THE SKOKIE VILLAGE CODE PERTAINING TO THE KEEPING OF VARIOUS ANIMALS 1 WHEREAS, Chapter 18, Article I of the Skokie Village Code provides for definitions, 2 rules and regulations pertaining to the keeping of various animals within the Village of Skokie; 3 and 4 WHEREAS, Beekeeping has become an increasingly popular hobby in recent years 5 and amateur Beekeepers are committed to their hobby for environmental concerns about 6 Honeybee Colony survival and for honey production; and 7 8 WHEREAS, the State of Illinois regulates bee Colonies, including inspection of 9 registered Colonies, and a growing number of municipalities ban or regulate Beekeeping in 10 residential areas because of concerns over health, safety and nuisance locations; and 11 12 WHEREAS, the Illinois Beekeepers Association recommends that amateur 13 Beekeepers take courses and reports “although generally docile, Honeybees (Apis 14 mellifera) can and may sting when they perceive they are being threatened. Responsible 15 management is therefore necessary to avoid creating problems for neighbors, particularly in 16 urban settings”; and 17 18 WHEREAS, health officials, including directors of local hospital emergency rooms, 19 allergists and family medicine departments, consider the proliferation of Beehives a 20 potential community health risk in need of regulation, due in part to potentially severe 21 reactions including illness or death from anaphylactic shock in allergic individuals to a 22 Honeybee’s sting; and 23 24 WHEREAS, the Village of Skokie (hereinafter “Village”) is an urban setting with 25 many narrow lots and most homes on less than one-eighth acre of land, the Village heeds 26 the concerns and advice of the State of Illinois, Illinois Beekeepers Association, other 27 municipalities and health officials while seeking to enable residents to pursue their 28 Beekeeping hobby; and 29 30 WHEREAS, while a few amateur Beekeepers have begun establishing Beehives on 31 their residential lots as a hobby and for environmental reasons, the Village must weigh this 32 valid activity with valid concerns for the health and safety of nearby residents and passersby 33 because of the distances Honeybees travel as well as concerns for nuisance impact; and 34 35 WHEREAS, on August 19, 2013, the Village Board decided to regulate the practice 36 of Beekeeping, rather than to ban it. Local Beekeepers in attendance at the meeting agreed Page 1 of 9 VOSDOCS-#437073-v1-Ordinance__Code_Amendment__Chapter_18__Keeping_of_Various_Animals_(Beekeeping).doc 1 that regulation is necessary to permit the keeping of bees in a manner that prevents 2 conditions that are deleterious to the Colony or unsafe and prevents nuisance to occupants 3 on nearby properties; and 4 5 WHEREAS, one of the primary limitations to keeping bees is that best practices are 6 evolving and are not uniformly taught and therefore, regulation will ensure that management 7 practices to minimize potential conflict between people and Honeybees are employed by 8 Beekeepers in the Village; and 9 10 WHEREAS, for health, safety and nuisance reasons, the Directors of Health and 11 Community Development recommended to the Village Manager various amendments to the 12 Village Code, pertaining to the design, operation, location and security of residential 13 Beehive regulations and the registration thereof; and 14 15 WHEREAS, many municipalities have experience with successful regulation of 16 Beekeeping, the Village staff has researched and selected regulation provisions from 17 existing regulations in Carpentersville, Duluth, Evanston, Minneapolis, Oak Park, Palatine, 18 Santa Monica and Tennessee; and 19 20 WHEREAS, the Village Manager concurred in the recommendation to the Mayor and 21 Board of Trustees that Chapter 18, Article I of the Skokie Village Code be amended 22 accordingly; and 23 WHEREAS, the Mayor and Board of Trustees at a public meeting duly held on 24 October 7, 2013 concurred in the aforesaid recommendation of the Village Manager; 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 Chapter 18, Article I, Section 18-2 of the Skokie Village Code be 28 and the same is hereby amended in the manner hereinafter indicated. The new material is 29 highlighted in bold and the material to be deleted is highlighted and stricken through. 30 Chapter 18 ANIMALS 31 ARTICLE I. IN GENERAL 32 … 33 Sec. 18-2. Definitions. 34 The following words, terms and phrases, when used in this chapter, shall have the meanings 35 ascribed to them in this section, except where the context clearly indicates a different 36 meaning: 37 Administrative Law Officer means the individual(s) appointed as an Administrative Law 38 Officer in the Village's Administrative Hearing System pursuant to Chapter 2 of the Village 39 Code. 40 Altered means any animal that has been surgically spayed or neutered. Page 2 of 9 VOSDOCS-#437073-v1-Ordinance__Code_Amendment__Chapter_18__Keeping_of_Various_Animals_(Beekeeping).doc 1 Animal shall be defined as set forth in the Humane Care for Animals Act, 510 ILCS 2 70/1 et seq., and future amendments to that statute. 3 Animal Control Officer means the Animal Control Officer (ACO) of the Village or other 4 individual designated by the Village Manager, or designee that is charged with the 5 enforcement of this chapter. 6 Animal Shelter means any public or private organization, including the organization's 7 officers, agents and representatives when acting in the name or on behalf of the organization 8 that controls, rescues, shelters, or cares for, animals as all or part of the purpose of the 9 organization. 10 Apiary means a Beehive and its equipment, including Honeybees, comb, 11 honey, pollen, brood, and the surrounding fencing and flyway. 12 Beehive means a frame or structure used or employed as a domicile for 13 Honeybees. 14 Beekeeper means a person who owns or has charge of one or more Colonies 15 of Honeybees. 16 Beekeeping Equipment means anything used in the operation of an Apiary, 17 such as Beehive bodies, supers, frames, top and bottom boards and extractors. 18 Cat means any member of the feline family (Felis domesticus), 4 months or more of 19 age. 20 Colony means all of the Honeybees living together as one (1) social unit. 21 Dangerous Animal means any animal designated by an Administrative Law Officer as 22 a Dangerous Animal as described in Section 18-61. 23 Dog means any member of the canine family, 4 months or more of age. 24 Domestic Animal means a dog, cat, or other animal, the keeping of which is not 25 otherwise prohibited under the terms of this chapter, which has been raised or maintained in 26 confinement or otherwise domesticated so as to live in a tame condition. 27 Great Bodily Harm means a physical injury that creates a substantial risk of death or 28 that causes death, serious disfigurement, serious impairment of health, impairment of the 29 function of any bodily organ, or injury requiring plastic surgery. 30 Honeybee means the common domestic Honeybee, limited to the Apis mellifera 31 species, specifically excluding the African Honeybee, Apis mellifera ssp scutellata or 32 Africanized Honeybees. 33 Impoundment means taken into custody by the Animal Control Officer. 34 Inoculation against rabies means the injection of rabies vaccine, subcutaneously or 35 otherwise, as approved by the State Department of Agriculture. Page 3 of 9 VOSDOCS-#437073-v1-Ordinance__Code_Amendment__Chapter_18__Keeping_of_Various_Animals_(Beekeeping).doc 1 Leash means a cord, rope, strap, or chain that is securely fastened to the collar or 2 harness of a dog and is sufficient to physically restrain and control the dog. No leash shall be 3 longer than 8 feet in length. 4 Langstroth Type Beehive means a Beehive consisting of an outer frame with a 5 solid top cover, an inner cover, a bottom board, and a number of boxes and supers 6 containing tightly spaced movable frames. 7 Microchip means an identifying device consisting of a microchip or similar device that 8 is humanely and permanently installed in or injected under the skin of an animal by a licensed 9 veterinarian and when scanned by an electronic reader, provides for the identification of the 10 animal and the name, address, and telephone number of the Owner. 11 Muzzle means a fastening or covering of the mouth of an animal used to prevent an 12 animal from biting. The muzzle shall not injure the animal or interfere with its vision or 13 respiration. 14 Non-Retractable Leash means a leash that cannot be increased or decreased in 15 length via any mechanical device or any other means. 16 Overly Aggressive Honeybee Colony means a Colony of Honeybees that 17 exhibits a level of aggression in response to stimuli that makes the Colony a public 18 health hazard. A Colony will be considered Overly Aggressive using the “kick test” 19 adopted by the State of Florida for this purpose. The “kick test” consists of: (1) 20 observing the activity in the Colony in question for five minutes without disturbing it, 21 (2) forcibly tapping the Colony on the side near the Beehive entrance three times and 22 observing the reaction, (3) if the Colony reacts with the majority of the bees in the 23 Colony coming out to defend the Colony with a stinging response, then the Colony will 24 be considered Overly Aggressive. 25 Owner means any person having a right of property in an animal, or who keeps or 26 harbors an animal, or who has it in such person's care or acts as its custodian, or who 27 knowingly permits an animal to remain on or about any premises occupied by such person. 28 Owner's Agent means an adult 18 years of age or older authorized by the Owner to 29 provide care for the Owner's animal(s). 30 Police Dog means any dog utilized by a law enforcement agency. 31 Queen means an adult, mated female Honeybee that lives in a Honeybee Colony 32 or Beehive. 33 Run Line means a securely anchored system of tying and keeping an animal in place 34 with either a rope or chain sufficient to physically restrain and control the animal. 35 Running at Large means that a dog is off the premises of its Owner and not under the 36 physical control of the Owner, or the Owner's Agent. 37 Service Dog means any guide dog, signal dog, or other dog trained to do work or 38 perform tasks for the benefit of an individual with a disability, including, without limitation, Page 4 of 9 VOSDOCS-#437073-v1-Ordinance__Code_Amendment__Chapter_18__Keeping_of_Various_Animals_(Beekeeping).doc 1 guiding individuals with impaired vision, alerting individuals with impaired hearing to sounds, 2 and pulling a wheelchair or fetching dropped items for individuals with mobility impairments. 3 Secure Enclosure means a structure erected that: 4 (1) Is designed to confine and prevent the escape of a Dangerous Animal or 5 Vicious Animal and prevent the entry of children or other animals; 6 (2) Is at least 6 feet tall; 7 (3) Locks securely, and includes a secure top, sides, and bottom; 8 (4) Has sides that embed into the ground at a depth of at least one foot and attach 9 to the bottom of the enclosure so that the animal confined within cannot escape 10 by digging under the sides of the enclosure; 11 (5) Is adequately lighted, kept in a clean and sanitary condition; 12 (6) Is labeled with a prominently displayed warning sign at each entrance that 13 indicates that a dangerous or vicious animal is confined within. 14 Swarm means a cluster or flying mass of Honeybees. 15 Vicious Animal means an animal designated as a Vicious Animal pursuant to Section 16 18-62. 17 Wildlife means any animal that is not ordinarily tamed or domesticated. 18 Section 2: That Chapter 18 of the Skokie Village Code be amended by adding 19 Article IV in the manner hereinafter indicated. The new material is highlighted in bold. 20 … 21 Article IV. Beekeeping – Residential Only 22 Sec. 18-81. Beekeeping Permit Required. Persons seeking to have and maintain a 23 Beehive or establish a Honeybee Apiary in the Village of Skokie shall first obtain a 24 Beekeeping Permit. Applications shall be submitted to the Village Manager or 25 designee. Beekeeping Permits are only available for residential property. Beekeepers 26 who owned or operated a Honeybee Apiary within the Village prior to the effective date 27 hereof and who continue to do so after the effective date hereof, shall have thirty (30) 28 days after such effective date to apply for a Beekeeping Permit. 29 (a) At the time of application for a Beekeeping Permit, the applicant shall: 30 1. Register their Beehive Colony with the Illinois Department of Agriculture; 31 2. Submit a scaled site plan of the proposed Apiary showing placement of 32 the Beehive(s), the flyway barrier and fences and compliance with all 33 applicable requirements outlined in this Article; 34 3. Provide a Certificate of Insurance from their homeowner’s insurance 35 company verifying that Beekeeping is covered by the insurance policy 36 covering the property where the Apiary will be located; Page 5 of 9 VOSDOCS-#437073-v1-Ordinance__Code_Amendment__Chapter_18__Keeping_of_Various_Animals_(Beekeeping).doc 1 4. Provide a certificate of completion or similar documentation, from a 2 Beekeeping training course provided by an entity approved by the 3 Village of Skokie. The Skokie Health Department shall maintain a list of 4 approved courses. Beekeepers are required to stay current and 5 demonstrate their knowledge of Colony health and management; 6 5. Submit written consent from all neighbors on residential property that 7 abuts the proposed location, in a form provided by the Village of Skokie. 8 Notification is not required for renewals. 9 6. Submit a properly executed hold harmless agreement with the Village, 10 waiving any liability for any loss or injury resulting from the design, 11 construction or operation of the Apiary, in lieu of any zoning or building 12 permits that may be associated with the construction of an Apiary; 13 7. Pay a One Hundred Twenty-Five Dollar ($125.00) nonrefundable initial 14 permit fee. 15 (b) Expiration and Renewal. Beekeeping Permits shall be valid for up to one year. 16 All Beekeeping Permits expire on March 31st of each calendar year. 17 Beekeepers must submit their renewal application at least twenty-one (21) 18 days prior to the expiration date. A renewal permit shall be subject to the 19 requirements 1-4 as outlined in 18-81(a), with payment of a fifty dollar ($50.00) 20 permit renewal fee. 21 Sec. 18-82. Apiary Inspection. By applying for a Beekeeping Permit, an applicant 22 authorizes the Village Manager or designee to enter onto that part of the applicant’s 23 property which contains the Beehive or Apiary for the limited purpose of inspecting 24 the Colony and Apiary for compliance with this Article. Two inspections will be 25 conducted each year. Other inspections may be conducted, as needed. 26 Sec. 18-83. Beehive Type. All Honeybee Colonies shall be kept in Langstroth Type 27 Beehives with removable combs, which shall be kept in sound and usable condition. 28 Sec. 18-84. Apiary Maintenance. Beekeepers shall keep all Beekeeping equipment 29 in good condition and secure unused equipment from weather, potential theft, 30 vandalism or occupancy by migratory Colonies. 31 (a) Components. Beekeepers shall ensure that no bee comb, wax or other 32 materials are left upon the grounds of the Beehive or Apiary site. Beekeepers 33 shall promptly store or dispose of any bee comb, wax or other materials which 34 have been removed from the Beehive in a sealed container or within a building 35 or other bee proof enclosure. 36 (b) Water. Beekeepers shall ensure that a convenient source of water is available 37 within the Apiary to the Honeybees at all times during the Beehive’s active 38 months, March through November. The water source must be maintained in a 39 secure receptacle so as not to create a breeding site for mosquitoes. 40 (c) Colony Maintenance. Beekeepers shall monitor and maintain their Colony or 41 Colonies so as not to become a nuisance. Colonies must be monitored at 42 least twice a week from March 1st to November 30th . Page 6 of 9 VOSDOCS-#437073-v1-Ordinance__Code_Amendment__Chapter_18__Keeping_of_Various_Animals_(Beekeeping).doc 1 Section 18-85. Aggressive Behavior. 2 (a) In any instance in which a Colony exhibits Overly Aggressive behavior by 3 stinging or attempting to sting without due provocation, or exhibits an unusual 4 disposition towards Swarming, it shall be the duty of the Beekeeper to destroy 5 the Queen, requeen the Colony and notify the Director of Health. 6 (b) The Village Manager or designee may request to observe a “kick test” to be 7 performed by the Beekeeper. 8 Sec. 18-86. Beehive Location. Apiaries may only be located and maintained in 9 residential districts with detached residences occupied by the Beekeeper. 10 (a) Apiaries shall be located only in a rear yard at least sixty (60) feet from a front 11 lot line. 12 (b) Apiaries shall be located at least six (6) feet from a side property line. 13 (c) Apiaries shall be located at least fifteen (15) feet from a property line that abuts 14 a street right-of-way. 15 (d) Apiaries shall be located at least five (5) feet from a rear lot line that does not 16 abut an alley. 17 (e) Two Apiary sites may not exist within six hundred (600) feet of each other. 18 (f) Apiaries and Beehives shall not be permitted on rooftops or balconies. 19 (g) Beekeepers shall not keep more than two (2) Colonies in their Apiary on any 20 property. 21 Sec. 18-87. Fencing and Flyways. 22 (a) Fencing. The Apiary shall be enclosed on all sides by a fence six (6) feet in 23 height and shall be at least three (3) feet from the Beehive on all sides. 24 Fencing shall be constructed of a minimum nine (9) gauge woven mesh 25 corrosion resistant material or a solid material. The fence posts shall be 26 constructed of decay and corrosion resistant material set in concrete. The 27 entrance to the Apiary shall have a gate with a locked latch at least four (4) feet 28 from the ground, which shall be closed at all times when the Beekeeper is not 29 present. 30 (b) Flyways. Each Beehive entrance must have a flyway barrier which directs the 31 Honeybees upwards as they exit the Beehive. The distance between the 32 Beehive entrance and flyway barrier shall be no more than ten (10) feet. The 33 flyway barrier may be part of the fence surrounding the Apiary, but must be (6) 34 feet in height and four (4) feet wide and constructed of a solid material. 35 Sec. 18-88. Signage. Beekeepers shall conspicuously post a weatherproof sign at 36 least one (1) foot by two (2) feet on all lot lines facing abutting properties and on the 37 Beehive or Apiary fence outside of the latched gate with the statement, in at least 38 three (3) inch high letters, “Warning – Beehives on Property”. The sign must be 39 visible and easily read from outside the property. Page 7 of 9 VOSDOCS-#437073-v1-Ordinance__Code_Amendment__Chapter_18__Keeping_of_Various_Animals_(Beekeeping).doc 1 Sec. 18-89. Nontransferability. A Beekeeping Permit shall not be assigned or 2 transferred to any other person, or to any other location. No refund shall be granted 3 for any unexpired period of a Beekeeping Permit. 4 Sec. 18-90. Revocation of Beekeeping Permit. 5 (a) The Village Manager shall have the authority to revoke a Beekeeping Permit 6 issued under this Section. The Village Manager shall have the authority to 7 establish rules and regulations for the conduct of a hearing relating to the 8 revocation of a Beekeeping Permit. 9 (b) The Village Manager is hereby given the authority to revoke the Beekeeping 10 Permit if the Village Manager finds: 11 1. The Beekeeper has not complied with applicable codes, ordinances, 12 statutes, laws, policies or rules and regulations. 13 2. The Beekeeper has made fraudulent, false or misrepresentative 14 statements in the application for the permit. 15 3. The Beekeeper owes the Village fees, outstanding fines or penalties. 16 (c) Notice and Hearing. The Village Manager may revoke, suspend or take other 17 action with respect to a Beekeeping Permit in accordance with the following 18 procedures: 19 1. The Village Manager or designee shall send written notice of the intent 20 to revoke a Beekeeping Permit by First Class US Mail or personal 21 delivery, setting forth the reasons for revocation. 22 2. The notice shall state the effective date of the revocation which shall be 23 no longer than thirty (30) days from the date of the notice, and shall 24 inform the Beekeeper of the right to submit in writing, within fifteen (15) 25 days of the date of the notice, either: documentation to explain the past 26 occurrences stated in the notice and to propose corrective action to 27 eliminate the violations or request a hearing before the Village Manager. 28 3. If the Village Manager accepts the corrective action proposed by the 29 Beekeeping Permit holder, the Village Manager shall respond in writing, 30 stating the conditions for continuing to hold the Beekeeping Permit, and 31 retracting or deferring the notice of intent to revoke or suspend the 32 Beekeeping Permit. 33 4. If the Beekeeping Permit holder requests a hearing, the Village Manager 34 shall hold a hearing within thirty (30) days of the date of the original 35 notice, at which hearing the Beekeeper and representative(s) from the 36 Village shall have the right to present any evidence and/or witnesses. 37 5. The Village Manager conducting the hearing shall render a written 38 decision within seven (7) days of the hearing, which shall be sent to the 39 Beekeeper by First Class US Mail or personal delivery. 40 Section 3: That this Ordinance shall be in full force and effect from and after its 41 passage, approval and publication in pamphlet form as provided by law. Page 8 of 9 VOSDOCS-#437073-v1-Ordinance__Code_Amendment__Chapter_18__Keeping_of_Various_Animals_(Beekeeping).doc  ADOPTED this day of November, 2013. Ayes: Village Clerk Nays: Absent: Approved by me this day of Attested and filed in my office November, 2013. this day of November, 2013; and published in pamphlet form according to law from November , 2013 to November , 2013. Mayor, Village of Skokie Village Clerk 1 2 Page 9 of 9 VOSDOCS-#437073-v1-Ordinance__Code_Amendment__Chapter_18__Keeping_of_Various_Animals_(Beekeeping).doc