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Board of Trustees

Regular Meeting

Skokie, IL · September 8, 2015

AgendaMinutes

Minutes

12933 MINUTES of a regular meeting of the Mayor and the Board of Trustees of the Village of Skokie, Cook County, Illinois held in the Council Chambers at 5127 Oakton Street at 8 p.m. on Tuesday, September 8, 2015 Pledge of Allegiance led by Middleton School Cub Scout Pack #85. The Clerk called the Roll. Those present were Roberts, Sutker, Ulrich, Bromberg, Klein, Gray- Keeler and Mayor Van Dusen. Motion to approve the Consent Agenda. Moved: Trustee Klein Seconded: Trustee Bromberg Ayes: Roberts, Sutker, Ulrich, Bromberg, Klein, Gray-Keeler and Mayor Van Dusen Nays: None. Absent: None. MOTION CARRIED * Approve, as submitted, minutes of regular meeting held Monday, August 17, 2015. Omnibus vote. * Approve Voucher List #8-FY16 of September 8, 2015. Omnibus vote. *Appointments, Reappointments and Resignations. A. Appointment: Commission on Family Services: Brian Williams (Term Expires 02/2016) Mayor Van Dusen introduced Brian Williams and thanked him for serving. B. Reappointment: Beautification and Improvement Commission: Ferdinand Soco (One Year Term as Chair Expires 09/01/2016) Omnibus vote. Presentations and Reports. A. Presentation: ComEd – Smart Meter Deployment by Carlo Cavallaro, External Affairs Manager and David Doherty, Director AMI Business Transformation Rommel Nogera from ComEd made a brief presentation speaking about the background, benefits, issues and concerns with the Smart Meter program. He answered questions from the Board. Report of the Village Manager. A. Real Estate Sale Contract: 4874-4912 Dempster Street. First Reading An Ordinance to approve the sale of 4874-4912 Dempster. This will be on the Agenda September 21st for 2nd reading and adoption. B. West Dempster TIF Commercial Rehabilitation Program: 4950-5020 Dempster Street. Motion to approve a TIF grant not to exceed $85,000 for the 4950-5020 Dempster Street. Moved: Trustee Ulrich Seconded: Trustee Roberts Ayes: Roberts, Sutker, Ulrich, Bromberg, Klein, Gray-Keeler and Mayor Van Dusen Nays: None. Absent: None. MOTION CARRIED C. Cook County Class 6B Property Tax Incentive – 7440 Frontage Road. Motion to concur with staff’s recommendation and their assessment that this project is an excellent candidate for a Class 6B classification. Economic Development Coordinator Tom Thompson answered questions from the Board. Resolution 15-9-R-1307 Motion to adopt a Resolution authorizing this Class 6B project at 7440 Frontage Road. Moved: Trustee Klein Seconded: Trustee Gray-Keeler Ayes: Roberts, Sutker, Ulrich, Bromberg, Klein, Gray-Keeler and Mayor Van Dusen Nays: None. Absent: None. MOTION CARRIED 12934 Meeting of the Mayor and Board of Trustees Tuesday, September 8, 2015 Page Two *D.Fire Engine (E18) Refurbishing – Painting and Body Work – Kars Vehicle Services, Inc., Elgin, Illinois - $58,441.20. Motion to award a contract to Kars Vehicle Services, Inc., Elgin, Illinois $58,441.20 for Fire Engine (E18) refurbishing. Omnibus vote. *E. Fire Engine (E18) Refurbishment – Proprietary Pierce Command Zone Electrical Work – Pierce Manufacturing, Weyauwega, Wisconsin - $29,754.27. Motion to award a contract to Pierce Manufacturing, Weyauwega, WI in the amount of $29,754.27 Omnibus vote. *F. Bulk Rock Salt Purchase – Morton Salt, Chicago, Illinois - $299,760. Motion to award a contract to Morton Salt, Chicago, Illinois in the amount of $299,760 for bulk rock salt purchase. Omnibus vote. Report of the Corporation Counsel. CONSENT: *A. Ordinance 15-9-Z-4175 Motion to adopt an ordinance granting a special use permit to allow the expansion of the existing outdoor vehicle storage and automotive repair facility at 3340 Oakton Street, Skokie, Illinois in an M3 Industry district, and relief from Chapter 118, Section 118-171(2)F.3 of the Skokie Village Code and the repeal of Village Ordinance Number 06-4-Z-3425 (2015-24P). This item is on the consent agenda for second reading and adoption. Omnibus vote. FIRST READING: B. Resolution 15-9-R-1308 Motion to adopt a resolution approving a plat of subdivision for the property located at 9449 Springfield Avenue, Skokie, Illinois in an R1 Single-Family district. This item is on the agenda for first reading and approval. Moved: Trustee Sutker Seconded: Trustee Ulrich Ayes: Roberts, Sutker, Ulrich, Bromberg, Klein, Gray-Keeler and Mayor Van Dusen Nays: None. Absent: None. MOTION CARRIED New Business. A. Electronic Signs Chairman Shalom Klein of the Economic Development Commission presented the New Business. The Economic Development Commission has been reviewing ways to promote businesses in Skokie and make them more visible and known to the public. The Economic Development Commission respectfully recommends that the proposed Sign Chapter be amended by adopting the proposed Electronic Message Center regulations with a minimum 20 second proposed display of a message. Moved: Trustee Bromberg Seconded: Trustee Roberts Ayes: Roberts, Sutker, Ulrich, Bromberg, Klein, Gray-Keeler and Mayor Van Dusen Nays: None. Absent: None. MOTION CARRIED 12935 Meeting of the Mayor and Board of Trustees Tuesday, September 8, 2015 Page Three Citizen Comments. Katie Gudgel 5155 Brown St. spoke about sign regulations. Carl Dalka, 9330 Lorel spoke about an abandoned house at 9334 Lorel and the problems at that location. James Kardasis, 4638 Oakton spoke about the signs and Downtown TIF. Decature Tounsel, 8730 Keeler spoke about a problem with cleaning of leaves on the street that he lives on. Adjournment Motion to adjourn at 9:20 p.m. Moved: Trustee Bromberg Seconded: Trustee Roberts Ayes: Roberts, Sutker, Ulrich, Bromberg, Klein, Gray-Keeler and Mayor Van Dusen Nays: None. Absent: None. MOTION CARRIED __________________________ Pramod Shah, Village Clerk Approved: ______________________ Mayor George Van Dusen 12936 Meeting of the Mayor and Board of Trustees Tuesday, September 8, 2015 Page Four

Agenda

TUESDAY, SEPTEMBER 8, 2015 – 8:00 P.M. 1. Pledge of Allegiance led by Middleton School Cub Scout Pack #85. 2. Call meeting to order and roll call. 3. Approve Consent Agenda. * 4. Approve, as submitted, minutes of regular meeting held Monday, August 17, 2015. * 5. Approve Voucher List #8-FY16 of September 8, 2015. 6. Proclamations and Resolutions. 7. Recognition, Awards and Honorary Presentations. * 8. Appointments, Reappointments and Resignations. A. Appointment: Commission on Family Services: Brian Williams (Term Expires 02/2016) B. Reappointment: Beautification and Improvement Commission: Ferdinand Soco (One Year Term as Chair Expires 09/01/2016) 9. Presentations and Reports. A. Presentation: ComEd – Smart Meter Deployment by Carlo Cavallaro, External Affairs Manager and David Doherty, Director AMI Business Transformation 10. Report of the Village Manager. A. Real Estate Sale Contract: 4874-4912 Dempster Street. B. West Dempster TIF Commercial Rehabilitation Program: 4950-5020 Dempster Street. C. Cook County Class 6B Property Tax Incentive – 7440 Frontage Road. * D. Fire Engine (E18) Refurbishing – Painting and Body Work – Kars Vehicle Services, Inc., Elgin, Illinois - $58,441.20. * E. Fire Engine (E18) Refurbishment – Proprietary Pierce Command Zone Electrical Work – Pierce Manufacturing, Weyauwega, Wisconsin - $29,754.27. * F. Bulk Rock Salt Purchase – Morton Salt, Chicago, Illinois - $299,760. 11. Report of the Corporation Counsel. CONSENT: * A. An ordinance granting a special use permit to allow the expansion of the existing outdoor vehicle storage and automotive repair facility at 3340 Oakton Street, Skokie, Illinois in an M3 Industry district, and relief from Chapter 118, Section 118-171(2)F.3 of the Skokie Village Code and the repeal of Village Ordinance Number 06-4-Z-3425 (2015-24P). This item is on the consent agenda for second reading and adoption. FIRST READING: B. A resolution approving a plat of subdivision for the property located at 9449 Springfield Avenue, Skokie, Illinois in an R1 Single-Family district. This item is on the agenda for first reading and approval. 12. Unfinished Business. 13. New Business. A. Electronic Signs 479634v1 14. Plan Commission. 15. Citizen Comments. 16. Adjournment. 479634v1 MML: *9/8/15 A PC: 2015-24P SUP: 162.02 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 15-9-Z- AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW THE EXPANSION OF THE EXISTING OUTDOOR VEHICLE STORAGE AND AUTOMOTIVE REPAIR FACILITY AT 3340 OAKTON STREET, SKOKIE ILLINOIS IN A M3 INDUSTRY DISTRICT, AND RELIEF FROM CHAPTER 118, SECTION 118-171(2)F.3 OF THE SKOKIE VILLAGE CODE AND THE REPEAL OF VILLAGE ORDINANCE NUMBER 06-4-Z-3425 1 WHEREAS, the owner of the following described real property: 2 LOTS 1 AND 2 IN AUTOBARN SUBDIVISION, BEING A SUBDIVISION OF PART OF 3 THE SOUTHEAST ¼ OF SECTION 23, TOWNSHIP 41 NORTH, RANGE 13, EAST OF 4 THE THIRD PRINCIPAL MERIDIAN, RECORDED AUGUST 15, 2007 AS DOCUMENT 5 NUMBER 0722715086, IN COOK COUNTY, ILLINOIS. 6 PINS: 10-23-406-043-0000, 10-23-406-044-0000 7 more commonly described as 3340 Oakton Street, Skokie, Illinois (the “Subject Property”), 8 petitioned the Village of Skokie for an amendment to the special use permit to allow for the 9 expansion of the existing Evanston Subaru car dealership automotive repair facility and 10 outdoor vehicle storage in an M3 Industry district; and 11 WHEREAS, in addition to the amendment to the special use permit, the petitioner is 12 requesting relief from Chapter 118, Section 118-171(2)f.3. of the Skokie Village Code requiring 13 the screening of outdoor storage; and 14 WHEREAS, the requested amendments to the special use at the Subject Property will 15 allow the: (i) expansion of the show room, office area and service reception/new car delivery 16 areas at the south and west sides of the building; (ii) expansion of the existing building by 36 17 feet north to accommodate three new service bays with lifts, four car preparation bays and two 18 tool rooms; and (iii) the expansion to the north of the existing site of the car storage area into a 19 new parcel of land purchased by the petitioner. The storage area will contain 254 spaces; and 20 WHEREAS, the building additions will all match the existing building and all exterior 21 elevations were approved by the Appearance Commission at the May 13, 2015 meeting; and 22 WHEREAS, the Skokie Plan Commission, at a public hearing duly held on June 18, 23 2015, for which proper legal notice had been achieved and no interested parties appeared, (a) 24 made the appropriate findings of fact as required under Section 118-6(f) of the Skokie Village 25 Code and (b) voted to recommend to the Mayor and Board of Trustees that the requested 26 special use permit be granted subject to the conditions contained in the Plan Commission 27 Report dated July 20, 2015; and Page 1 of 10 VOSDOCS-#479078-v1-Ordinance__2015- 24P__SUP_Amendment__Outdoor_Vehicle_Storage_&_Automobile_Repair_Facility__3340_Oakton__Evanston_Subaru.doc 1 WHEREAS, the Skokie Plan Commission further recommended that Village Ordinance 2 Number 06-4-Z-3425, which granted the existing special use permit be repealed and that all 3 applicable conditions be incorporated into the instant ordiance; and 4 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on July 20, 5 2015, concurred in the aforesaid recommendations and findings of fact of the Skokie Plan 6 Commission; 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 special use permit requested by the petitioner to expand the 10 existing car dealership automotive repair facility and outdoor vehicle storage at the Subject 11 Property, described above and commonly known as 3340 Oakton Street, Skokie, Illinois, in an 12 M3 Industry district, be and the same is hereby granted and approved subject to each of the 13 conditions set forth below: 14 1. The petitioner shall develop the subject site in substantial conformance with the 15 final Village approved site plan dated July 9, 2015, building elevations, and floor 16 plan all dated May 12, 2015 and landscape plan dated July 9, 2015; 17 2. The vehicle storage lot can be expanded as a second phase of the development 18 provided that all codes and ordinances are met; 19 3. Prior to the issuance of a building permit a plan must be submitted indicating the 20 type and location of underground public and private utilities; 21 4. The proposed development plans are to include full engineering civil plans; 22 5. Provide a copy of the Cook County Highway Department permit for any work in 23 the Oakton Street right of way; 24 6. Verify compliance with the Watershed Management Ordinance stormwater 25 management permit requirements; 26 7. A stormwater management narrative must be submitted indicating existing and 27 modified conditions with provisions for updating any existing stormwater control 28 per the requirements; 29 8. The petitioner shall provide a 5-foot wide easement to the Village along the 30 entire south property line of the site to provide for access, construction, and 31 maintenance of the public sidewalk, street lighting, and other necessary street 32 improvements. The petitioner shall sign a hold harmless agreement protecting 33 the Village from liability for the public use and maintenance of Village facilities on 34 the private property; 35 9. No motor vehicles may be parked or displayed in the public right of way or six- 36 foot landscaping setback, or block the public sidewalk; 37 10. Prior to the issuance of building permits, the petitioner shall submit a tree survey 38 and tree preservation plan; 39 11. The development shall have a minimum of 118 off-street parking spaces 40 including 5 handicapped spaces. Spaces depicted for used vehicle display shall Page 2 of 10 VOSDOCS-#479078-v1-Ordinance__2015- 24P__SUP_Amendment__Outdoor_Vehicle_Storage_&_Automobile_Repair_Facility__3340_Oakton__Evanston_Subaru.doc 1 convert to customer parking spaces if determined to be necessary by the 2 Engineering Division; 3 12. All vehicle loading/unloading shall occur on site. Stopping or unloading of 4 delivery vehicles on Oakton Street is prohibited; 5 13. Automobile repair tools, equipment, and parts shall not be stored outside of the 6 building at any time. 7 14. The petitioner shall provide and maintain R7-8 and fine signs for all handicapped 8 parking spaces; 9 15. Trash shall only be allowed within a designated trash enclosure, and shall be 10 screened from public view in an enclosure of material matching the building. All 11 trash shall be contained in such a way as to remain out of sight at all times; 12 16. Waste receptacles shall be placed on the site for the use of customers, and that 13 the Health Department shall determine the size, type, and location of these 14 units; 15 17. At least once during the day and before opening and closing of the business, 16 employees shall patrol the site to clear it of all debris and empty waste 17 receptacles; 18 18. Stop signs and bars shall be provided at all exit drives; 19 19. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, 20 signage, landscaping, structures, and any other facilities or infrastructure on the 21 site shall be maintained in a good state of repair, and when needed, be repaired 22 or replaced in a timely manner; 23 20. Parking lot and exterior lighting shall be full cut-off design and directed away 24 from adjacent properties, and subject to the approval of the Engineering 25 Division; 26 21. All off-street parking spaces shall be legibly striped and maintained; 27 22. Regulatory signage or pavement markings shall be provided to help assure 28 proper vehicular traffic movement; 29 23. All sites must conform to the Village's Storm Water Control Ordinance as 30 contained in the Skokie Village Code, including the disconnection of any 31 downspouts; 32 24. All modifications to building elevations, signage, and landscaping shall be 33 subject to the review and approval of the Skokie Appearance Commission; 34 25. All signage shall conform to the Skokie Village Code. Any sign on the site that is 35 in violation of that Code must be removed or modified to conform therewith prior 36 to the issuance of an occupancy permit; 37 26. All existing damaged sidewalks shall be replaced; 38 27. Handicapped ramps are to be provided as necessary and meet State of Illinois 39 Accessibility requirements and the Skokie Village Code; 40 28. Vehicles shall not be allowed to be parked in or otherwise block driveways, 41 sidewalks, aisles, or other points of access at any time, shall always be parked Page 3 of 10 VOSDOCS-#479078-v1-Ordinance__2015- 24P__SUP_Amendment__Outdoor_Vehicle_Storage_&_Automobile_Repair_Facility__3340_Oakton__Evanston_Subaru.doc 1 in designated parking spaces, and shall not overlap the striped lines of 2 designated parking spaces. All employees shall park on the subject site; 3 29. No abandoned items, including abandoned vehicles, shall be allowed to remain 4 on the site; 5 30. All private and public sidewalks shall be maintained free of snow, ice, sleet, or 6 other objects that may impede travel; 7 31. All overhead utilities serving the site shall be placed or relocated underground; 8 32. The petitioner shall bear the full cost of any utility relocation and/or conflicts; 9 33. All landscaping shall be maintained to a maximum height of 30 inches for a 10 distance of 15 feet from any vehicular access point into or out of the 11 establishment in order to maintain adequate sight distance; 12 34. Landscaping shall be adequately maintained including trimming and watering 13 thereof. All dead landscaping shall be replaced in a timely manner; 14 35. The petitioner shall sign an "Agreement for Installation and Maintenance of 15 Landscaping" to assure that the site and parkway landscaping is completed and 16 maintained in accordance with the final approved landscape plan. A copy of 17 Said Agreement is attached hereto, marked Exhibit “A” and hereby made part of 18 this Ordinance. This “Agreement for Installation and Maintenance of 19 Landscaping" shall be recorded at the petitioner’s expense; 20 36. All buildings shall meet current International Building and NFPA Life Safety 21 Codes as amended; 22 37. The petitioner shall submit to the Planning Division electronic files of the plat of 23 survey, site plan, and landscape plan in their approved and finalized form. The 24 files shall be scaled 2 dimensional drawing files on non-compressed, non-read 25 only CD-ROM .dwg AutoCAD format; 26 38. Prior to the issuance of building permits, the petitioner shall submit to the 27 Planning Division of the Community Development Department the name, 28 address, and telephone number of the company and contact person responsible 29 for site maintenance in compliance with the special use permit; 30 39. If work is to be performed on public property or if public property is utilized or 31 impacted during construction and/or development, the owner shall provide, or 32 shall cause the developer and/or contractor to provide, the Village of Skokie with 33 a certificate of insurance naming the Village of Skokie as additionally insured for 34 any and all claims related to any and all work. The owner shall hold, and shall 35 cause the developer and/or contractor to hold, the Village of Skokie harmless 36 and indemnify the Village for any and all claims for property damage or personal 37 injury related to work on or use of public property; 38 40. The petitioner shall comply with all Federal and State statutes, laws, rules and 39 regulations and all Village codes, ordinances, rules, and regulations; 40 41. Failure to abide by any and all terms of this Ordinance shall be cause for the 41 Village to initiate hearings to determine whether the subject Ordinance, as well 42 as any applicable business licenses, should be revised or revoked; Page 4 of 10 VOSDOCS-#479078-v1-Ordinance__2015- 24P__SUP_Amendment__Outdoor_Vehicle_Storage_&_Automobile_Repair_Facility__3340_Oakton__Evanston_Subaru.doc 1 42. The petitioner shall pay all costs related to any hearings conducted as a result of 2 non-compliance with any of the provisions of the enabling ordinance. The costs 3 shall include but not be limited to court reporter fees, attorney fees, and staff 4 time required researching and conducting said hearing; 5 Section 2: That relief from Chapter 118, Section 118-171(2)f.3. requiring the 6 screening of outdoor storage, is hereby approved. 7 Section 3: That Skokie Village Ordinance Number 06-4-Z-3425 be and the same is 8 hereby repealed. Any previous Village Ordinances which were repealed by the foregoing 9 ordinance shall remain repealed and are null and void. Nothing in this Ordinance shall be 10 construed to reinstate any previously repealed ordinances. 11 Section 4: That a notice of approval of this Ordinance incorporating the 12 conditions contained herein shall be executed by the owner of the property in writing and 13 duly recorded with the Cook County Recorder of Deeds Office at the owner’s expense. 14 Section 5: That this Ordinance shall be in full force and effect from and after its 15 passage, approval and recordation as provided by law. 16 17 ADOPTED this day of September, 2015. 18 19 Village Clerk 20 Ayes: 21 Nays: 22 Absent: 23 Approved by me this day of 24 Attested and filed in my September, 2015. 25 office this day of 26 September, 2015. 27 28 Mayor, Village of Skokie 29 30 Village Clerk 31 32 33 Page 5 of 10 VOSDOCS-#479078-v1-Ordinance__2015- 24P__SUP_Amendment__Outdoor_Vehicle_Storage_&_Automobile_Repair_Facility__3340_Oakton__Evanston_Subaru.doc Exhibit A 1 AGREEMENT FOR 2 INSTALLATION AND 3 MAINTENANCE OF 4 LANDSCAPING 5 6 Plan Commission Case 7 2015-24P 8 9 10 11 12 This Agreement is entered into this day of 2015 by and 13 between CHICAGO TITLE LAND TRUST COMPANY AS TRUSTEE UNDER TRUST 14 AGREEMENT DATED 10/26/2005 AND KNOWN AS TRUST #8002345267 and ROBERT 15 ELIOT ENTERPRISES, INC., hereinafter referred to collectively as "PROPERTY OWNER", and 16 the VILLAGE OF SKOKIE, an Illinois municipal corporation hereinafter referred to as 17 "VILLAGE". The parties to this Agreement hereby agree as follows: 18 19 1. PROPERTY OWNER is the owner of real property located in the Village of Skokie, 20 described as follows: 21 LOTS 1 AND 2 IN AUTOBARN SUBDIVISION, BEING A SUBDIVISION OF PART OF 22 THE SOUTHEAST ¼ OF SECTION 23, TOWNSHIP 41 NORTH, RANGE 13, EAST OF 23 THE THIRD PRINCIPAL MERIDIAN, RECORDED AUGUST 15, 2007 AS DOCUMENT 24 NUMBER 0722715086, IN COOK COUNTY, ILLINOIS. 25 PINS: 10-23-406-043-0000, 10-23-406-044-0000 26 commonly known as 3340 Oakton Street, Skokie, Illinois. 27 2. At or near the time of execution of this Agreement, the VILLAGE granted an 28 Occupancy Permit, Business License, or Special Use Permit hereinafter collectively 29 referred to as “permit” pursuant to state statutes and local ordinances. 30 3. By the terms of the aforesaid permit, the PROPERTY OWNER is required to install 31 and maintain landscaping in accordance with the plan dated July 9, 2015 or as it 32 may be subsequently revised with the approval of the Village Manager, or designee, 33 and the Corporation Counsel. 34 4. The parties to this Agreement recognize that the installation and maintenance of 35 landscaping is an integral part of the PROPERTY OWNER's plan for development 36 and/or use of the property and is necessary to carry out the purpose and intent of the 37 VILLAGE's land use objectives, and that the permit would not have been approved 38 by the VILLAGE without the assurance that this Agreement would be executed by 39 the PROPERTY OWNER. 40 5. The purpose of this Agreement is to assure: 41 (a) installation of the landscaping in accordance with the landscaping plan 42 approved by the VILLAGE, and 43 (b) continued maintenance and care of the landscaping, including any 44 landscaping indicated in the parkway area. Page 6 of 10 VOSDOCS-#479078-v1-Ordinance__2015- 24P__SUP_Amendment__Outdoor_Vehicle_Storage_&_Automobile_Repair_Facility__3340_Oakton__Evanston_Subaru.doc 1 6. The property, which is the subject matter of this Agreement, is legally described 2 above. The portions of the Subject Property which are to be landscaped and 3 maintained pursuant to the terms and conditions of this Agreement are indicated on 4 the Landscape Plan attached hereto, marked Exhibit “1” and are hereby made a part 5 of this Agreement. 6 7. PROPERTY OWNER agrees that the installation and maintenance of the 7 landscaping which is required in accordance with the permit issued by the VILLAGE 8 and this Agreement will materially benefit the Subject Property. Such landscaping is 9 necessary in order for the PROPERTY OWNER to comply with the conditions of the 10 permit issued or granted by the VILLAGE for the PROPERTY OWNER’s requested 11 development or use of the property. 12 8. PROPERTY OWNER shall diligently maintain and care for the landscaping which is 13 installed and required by the permit and this Agreement, using generally accepted 14 methods of cultivation and watering. The PROPERTY OWNER shall maintain a 15 standard of care necessary to prevent the landscaping from deteriorating to the 16 extent that its value as landscaping is destroyed. If Exhibit “1”, attached hereto or 17 permit specifies maintenance standards or procedures, such procedures are hereby 18 adopted as part of this Agreement, and by such adoption, become enforcement 19 conditions of this Agreement. 20 9. Failure to maintain the landscaping as required by this Agreement shall be a 21 nuisance. In the event the PROPERTY OWNER fails to meet the standard of 22 maintenance necessary to keep the landscaping in a healthy condition as required 23 by this Agreement, the VILLAGE shall give written notice of the deficiency to the 24 PROPERTY OWNER who shall have 20 days to make the necessary correction or 25 replacement. If such correction or replacement is not made within the aforesaid 20- 26 day period, the VILLAGE may elect to abate the nuisance and take necessary action 27 to assure that the landscaping is replaced and/or maintained. In the event, the 28 VILLAGE so elects; the VILLAGE shall serve notice of its intent to enter the 29 premises for this purpose. The VILLAGE shall either personally serve the notice 30 upon the PROPERTY OWNER or mail a copy of it by certified mail to the 31 PROPERTY OWNER's last known address, or as shown on the tax rolls, at least 15 32 days in advance of the date when the VILLAGE or its agent intends to enter the 33 premises. 34 10. For this purpose, the VILLAGE or its agent may enter upon the property and perform 35 such work as it considers reasonably necessary and proper to restore, maintain, or 36 replace the landscaping required by this Agreement. The VILLAGE may act either 37 through its own employees or through an independent contractor. 38 11. The VILLAGE shall be entitled to reimbursement for abating the nuisance in 39 restoring, maintaining or replacing the landscaping, provided that the VILLAGE 40 follows the procedures set forth in this Agreement. Costs shall include but shall not 41 be limited to actual costs incurred by the VILLAGE and administrative costs. The 42 VILLAGE shall make demand upon the PROPERTY OWNER for payment. If the 43 PROPERTY OWNER fails to pay the costs within 30 days of the date on which 44 demand is made, the VILLAGE may cause a lien to be placed on the Subject 45 Property. The VILLAGE may record a notice with the Recorder of Deeds for Cook 46 County stating that it has incurred expenses under the terms this Landscape Page 7 of 10 VOSDOCS-#479078-v1-Ordinance__2015- 24P__SUP_Amendment__Outdoor_Vehicle_Storage_&_Automobile_Repair_Facility__3340_Oakton__Evanston_Subaru.doc 1 Agreement. The VILLAGE shall be entitled to collect interest at the statutory rate on 2 the amount owed. 3 12. In addition to having a lien placed on the Subject Property, the VILLAGE may 4 institute a legal action to collect the amount owed. The PROPERTY OWNER agrees 5 to pay the VILLAGE a reasonable sum for attorney's fees and court costs. 6 13. If either party upon the execution of this Agreement or during the course of 7 performance considers that it is necessary to have the PROPERTY OWNER post 8 additional security to guarantee the performance of his obligations hereunder, the 9 VILLAGE may require the PROPERTY OWNER to post additional security. The 10 VILLAGE may require either a cash deposit or a surety bond guaranteeing 11 performance in a form signed by sureties satisfactory to the VILLAGE. The 12 condition of the security shall be that if the PROPERTY OWNER fails to perform any 13 obligation under this Agreement, the VILLAGE may, act on behalf of the 14 PROPERTY OWNER and use the proceeds of the cash bond, or in the case of a 15 surety bond, require the securities to perform the obligations of this Agreement. 16 14. The PROPERTY OWNER hereby agrees to indemnify and hold harmless the 17 VILLAGE, its trustees, officials, employees and agents for any costs, claims, actions 18 or causes of action for personal injury, property damage or otherwise, including 19 reasonable attorneys fees, which may arise from the VILLAGE exercising any of its 20 rights or obligations and performance under this Agreement. 21 15. All notices required or to be given pursuant hereto shall be in writing and either 22 delivered personally or by a nationally recognized "over-night" courier service or 23 mailed by United States certified or registered mail, postage prepaid, addressed to 24 the VILLAGE and the PROPERTY OWNER as follows: If to VILLAGE: If to the PROPERTY OWNER: Village of Skokie 5127 Oakton Street Chicago Title Land Trust Company As Trustee under Trust Agreement Skokie, IL 60077 dated 10/26/2005 and known as Attention: Village Clerk Trust #8002345267 10 S. LaSalle Street – Suite 2750 With copies to: Chicago, IL 60603 Village Manager Robert Eliot Enterprises, Inc. Village of Skokie c/o Robert Paddor 5127 Oakton Street 3340 Oakton Street Skokie, IL 60077 Skokie, IL 60076 With copies to: Corporation Counsel Michele S. Kurlander Village of Skokie Michele S. Kurlander & Associates, LLC 5127 Oakton Street 155 N. Michigan Ave. – Suite 620 Skokie, IL 60077 Chicago, IL 60601 25 Page 8 of 10 VOSDOCS-#479078-v1-Ordinance__2015- 24P__SUP_Amendment__Outdoor_Vehicle_Storage_&_Automobile_Repair_Facility__3340_Oakton__Evanston_Subaru.doc 1 Either Party may change the names and addresses of the persons to whom notices or 2 copies thereof shall be delivered, by written notice to the other Party, as the case may 3 be, in the manner herein provided for the service of notice. 4 5 16. The Parties and the individuals whose signature is affixed to this Agreement, each 6 acting with due authority have executed this Agreement. 7 17. This Agreement pertains to, runs with the Subject Property, and shall be binding on 8 the successors, assigns, and heirs in interest. 9 18. This Agreement shall be recorded at the PROPERTY OWNER’s expense in the 10 Office of the Recorder of Deeds for County of Cook. 11 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and 12 year written above. 13 14 CHICAGO TITLE LAND TRUST COMPANY VILLAGE OF SKOKIE 15 AS TRUSTEE UNDER TRUST AGREEMENT 16 DATED 10/26/2005 AND KNOWN AS 17 TRUST #8002345267 18 19 20 By: By: 21 its Village Manager 22 Title: 23 24 ATTEST: ATTEST: 25 26 27 Village Clerk 28 Its: 29 30 31 32 33 ROBERT ELIOT ENTERPRISES, INC. 34 35 36 By: __________________________ 37 38 Title: _________________________ 39 40 ATTEST: 41 42 _____________________________ 43 44 Its: __________________________ 45 Page 9 of 10 VOSDOCS-#479078-v1-Ordinance__2015- 24P__SUP_Amendment__Outdoor_Vehicle_Storage_&_Automobile_Repair_Facility__3340_Oakton__Evanston_Subaru.doc Exhibit 1 Page 10 of 10 VOSDOCS-#479078-v1-Ordinance__2015- 24P__SUP_Amendment__Outdoor_Vehicle_Storage_&_Automobile_Repair_Facility__3340_Oakton__Evanston_Subaru.doc MML: 9/8/15 B THIS RESOLUTION MAY BE CITED AS VILLAGE RESOLUTION NUMBER 15-9-R- A RESOLUTION APPROVING A PLAT OF SUBDIVISION FOR THE PROPERTY LOCATED AT 9449 SPRINGFIELD AVENUE, SKOKIE, ILLINOIS IN AN R1 SINGLE-FAMILY DISTRICT 1 WHEREAS, the owners of the following described real property: 2 PARCEL 1: LOT 43 (EXCEPT THE SOUTH 15.00 FEET THEREOF) AND LOT 44 IN 3 LINCOLNWOOD MANOR, BEING A SUBDIVISION OF THE NORTH 4.89 ACRES OF 4 THE SOUTH 6.40 ACRES OF LOT 3 IN ASSESSOR’S DIVISION OF THE 5 NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 13, EAST 6 OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE SAID PLAT OF 7 LINCOLNWOOD MANOR RECORDED MAY 23, 1928 AS DOCUMENT NUMBER 8 10033171, IN COOK COUNTY, ILLINOIS. 9 PARCEL 2: LOT 38 IN THE HIGHLANDS EVANSTON-LINCOLNWOOD THIRD 10 ADDITION, BEING A SUBDIVISION OF THE NORTH 12 CHAINS OF THE EAST HALF 11 OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 12 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING 13 TO THE PLAT THEREFORE RECORDED NOVEMBER 14, 1927 AS DOCUMENT 14 NUMBER 9840773, IN COOK COUNTY, ILLINOIS. 15 PARCEL 3: THE WEST HALF OF THE VACATED ALLEY LYING IMMEDIATELY EAST 16 OF AND ADJOINING THE ABOVE DESCRIBED REAL ESTATE VACATED BY 17 ORDINANCE RECORDED MAY 17, 1945 AS DOCUMENT NUMBER 13409297, IN 18 COOK COUNTY, ILLINOIS. 19 PINS: 10-14-110-003, 10-14-110-039 20 more commonly known as 9449 Springfield Avenue, Skokie, Illinois (hereinafter the “Subject 21 Property”) in an R1 Single-Family district, petitioned the Village of Skokie for a subdivision 22 of the Subject Property for the purpose of incorporating two parcels into one subdivision, as 23 shown on the “Willard Gardens Resubdivision” plat, dated August 14, 2015, a copy of which 24 is marked as Exhibit “1” and attached hereto; and 25 WHEREAS, subsequent to the subdivision of the Subject Property, the legal 26 description of the Subject Property will be as follows: 27 LOT 1 IN WILLARD GARDENS RESUBDIVISION IN THE NORTHWEST QUARTER OF 28 SECTION 14, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL 29 MERIDIAN, IN COOK COUNTY, ILLINOIS. 30 more commonly known as 9449 Springfield Avenue, Skokie, Illinois; and 31 WHEREAS, the Subject Property contains a single-family residence centered over 32 the two lots and the property owner plans to build first and second floor additions to the 33 residence; and Page 1 of 3 VOSDOCS-#480197-v1-Resolution__Plat_of_Subdivision__9449_Springfield.doc 1 WHEREAS, the Community Development Department Director recommended to the 2 Mayor and Board of Trustees that the requested subdivision be granted subject to the 3 conditions stated in his memorandum dated August 27, 2015; 4 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on 5 September 8, 2015, concurred in the aforesaid recommendation of the Community 6 Development Department Director; 7 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the 8 Village of Skokie, Cook County, Illinois: 9 Section1: That the requested subdivision of the Subject Property, legally 10 described above and commonly known as 9449 Springfield Avenue, Skokie, Illinois, in an 11 R1 Single-Family district, be and the same is hereby approved subject to the following 12 conditions: 13 1. That the subdivision be in compliance with the “Willard Gardens 14 Resubdivision” plat, dated August 14, 2015; 15 2. At least two opposite corners of a subdivision shall have a concrete monument 16 in place as indicated on the plat. All other subdivision corners, lot corners, 17 points of curvature, points of tangency and any other bends in lot lines shall be 18 monumented in the field with iron pipes unless already existing, and noted on 19 the plat as set or existing. All monuments shall be set no later than one year 20 after the date of the recording of the plat; and 21 3. The petitioner shall comply with all Federal and State statutes, laws, rules and 22 regulations and all Village codes, ordinances, rules and regulations. 23 Section 2: That the “Willard Gardens Resubdivision” plat, dated August 14, 2015, 24 attached hereto and marked as Exhibit “1” be and the same is hereby accepted and shall be 25 recorded at the Petitioner’s expense with the Cook County Recorder of Deeds Office. 26 Section 3: That a notice of the enactment of this Resolution incorporating the 27 conditions contained herein shall be approved by the owner of the property in writing and 28 duly recorded with the Cook County Recorder of Deeds Office at the owner’s expense. 29 Section 4: That this Resolution shall be in full force and effect from and after its 30 passage, approval and recordation as provided by law. 31 PASSED this day of September, 2015. 32 33 Ayes: 34 Nays: Village Clerk 35 Absent: 36 Approved by me this day of 37 Attest: September, 2015. 38 39 40 41 Village Clerk Mayor, Village of Skokie Page 2 of 3 VOSDOCS-#480197-v1-Resolution__Plat_of_Subdivision__9449_Springfield.doc Exhibit 1 Page 3 of 3 VOSDOCS-#480197-v1-Resolution__Plat_of_Subdivision__9449_Springfield.doc