Board of Trustees

TUESDAY, FEBRUARY 18, 2020 – 8:00 P.M. 1. Pledge of Allegiance led by Cub Scout Pack #970 from School District 68. 2. Call meeting to order and roll call. 3. Approve Consent Agenda. * 4. Approve, as submitted, minutes of regular meeting held Monday, February 3, 2020. * 5. Approve Voucher List #19-FY20 of February 18, 2020. * 6. Proclamations and Resolutions. A. Proclamation 28th Anniversary of the Khojaly Massacre Commemoration Day – February 26, 2020 7. Recognition, Awards and Honorary Presentations. 8. Appointments, Reappointments and Resignations. A. Swearing in of the following personnel by Vice Chair Beryl Rabinowitz of the Board of Fire and Police Commissioners: Name Old Position New Position Kevin Kruswicki Police Officer Police Sergeant 9. Presentations and Reports. 10. Report of the Village Manager. A. 2019 Tax Levy Abatement Ordinance. B. Dempster Street CTA Station/Oakton Street CTA Station Bicycle Parking Improvements – Construction Phase Federal Agreement. * C. Fire Records Management System Annual Maintenance – ImageTrend, Lakeville, Minnesota - $23,175. 11. Report of the Corporation Counsel. CONSENT: * A. An ordinance providing for the repeal of certain inactive ordinances granting special use permits and site plan approvals at multiple locations within the Village of Skokie. This item is on the consent agenda for second reading and adoption. * B. An ordinance granting a special use permit to establish and operate an automotive repair facility at 8027 Lawndale Avenue, Skokie, Illinois, in an M2 Light Industry district. This item is on the consent agenda for second reading and adoption. 12. Unfinished Business. 13. New Business. 14. Plan Commission. 15. Citizen Comments. 16. Adjournment. 564744v1 A B C  A MML: 2/3/2020 1st Reading *2/18/2020 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 20-2-Z- AN ORDINANCE PROVIDING FOR THE REPEAL OF CERTAIN INACTIVE ORDINANCES GRANTING SPECIAL USE PERMITS AND SITE PLAN APPROVALS AT MULTIPLE LOCATIONS WITHIN THE VILLAGE OF SKOKIE 1 WHEREAS, from time to time, the Mayor and Board of Trustees of the Village of 2 Skokie have adopted various ordinances granting special use permits (hereinafter “SUP”) and 3 site plan approvals (hereinafter “SPA”) at different locations within the Village of Skokie; and 4 WHEREAS, many of these uses for which the aforementioned SUPs and SPAs were 5 granted no longer exist, were never utilized or are no longer necessary and therefore should 6 be repealed; and 7 WHEREAS, the Community Development Department staff has conducted a detailed 8 review of SUPs and SPAs. It has been determined that there are currently nineteen (19) 9 SUPs and SPSs that are no longer applicable because the properties are not being used in a 10 manner consistent with the approving ordinance or are no longer necessary. A brief 11 description of the SUP and SPA Ordinances to be repealed, and the reason for the repeal, is 12 attached hereto as Exhibit “1”; and 13 WHEREAS, notices were sent to the property taxpayers of record for the properties 14 affected by the nineteen (19) SUP and SPA Ordinances, notifying them: (i) the ordinance 15 granting their respective SUP or SPA was going to be repealed due to inactivity or it is no 16 longer necessary; and (ii) they should contact the Community Development Department if they 17 objected to the repeal. The Village did not receive any objections; and 18 WHEREAS, the Director of Community Development and the Corporation Counsel 19 recommended to the Mayor and Board of Trustees that the nineteen (19) ordinances specified 20 in Exhibit “1”, granting the SUPs and SPA’s for uses which no longer exist, were never utilized 21 or are no longer necessary, be repealed; and 22 WHEREAS, the repeal of these ordinances will reduce the number of active 23 ordinances, thereby resulting in improved enforcement; and 24 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on 25 February 3, 2020, concurred in the aforesaid recommendation; 26 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the 27 Village of Skokie, Cook County, Illinois: Page 1 of 4 564399-v1 Ordinance, Repeal of Inactive SUP & SPA Ordinances, Multiple Locations 1 Section 1: That the following Village Ordinances, listed by Village Ordinance 2 Number, be and the same are hereby repealed: 3 66-8-Z-144 96-9-Z-2632 97-4-Z-2670 4 06-9-Z-3464 79-10-Z-1231 07-9-Z-3540 5 81-10-Z-1395 03-10-Z-3215 06-12-Z-3478 6 94-12-Z-2478 04-6-Z-3282 13-12-Z-4017 7 14-4-Z-4047 14-4-Z-4048 15-2-Z-4121 8 15-2-Z-4122 17-8-Z-4318 17-8-Z-4319 9 17-12-Z-4346 10 A list of the above stated ordinances with a brief description of each is attached hereto as 11 Exhibit “1.” 12 13 Section 2: That any previous Village Ordinances repealed by those Ordinances 14 listed in Section 1, shall remain repealed and remain null and void. Nothing in this 15 Ordinance shall be construed to reinstate the previously repealed ordinances. 16 Section 3: That this Ordinance shall be in full force and effect from and after its 17 passage, approval and recordation as provided by law. 18 ADOPTED this day of February, 2020. Ayes: Nays: Village Clerk Absent: Attested and filed in my office this Approved by me this day of day of February, 2020 February, 2020. Village Clerk Mayor, Village of Skokie 19 Page 2 of 4 564399-v1, Ordinance, Repeal of Inactive SUP & SPA Ordinances, Multiple Locations  Exhibit 1 Page 3 of 4 564399-v1, Ordinance, Repeal of Inactive SUP Ordinances, Multiple Locations  Page 4 of 4 564399-v1, Ordinance, Repeal of Inactive SUP & SPA Ordinances, Multiple Locations  B MML: *2/18/20 PC: 2019-44P SUP: 580.01 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 20-2-Z- AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ESTABLISH AND OPERATE AN AUTOMOTIVE REPAIR FACILITY AT 8027 LAWNDALE AVENUE, SKOKIE, ILLINOIS IN AN M2 LIGHT INDUSTRY DISTRICT 1 WHEREAS, the owner of the following described real property: LOT 2 IN NICK & ERNIE’S RESUBDIVISION OF PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 10-23-332-044-0000 2 more commonly described as 8027 Lawndale Avenue, Skokie, Illinois (hereinafter “Subject 3 Property”), petitioned the Village of Skokie for a special use permit to establish and operate 4 an automotive repair facility in an M2 Light Industry district; and 5 WHEREAS, the petitioner intends to expand its auto body repair business from its 6 current location at 8015 Lawndale Avenue into the adjacent property to the north; and 7 WHEREAS, the building will house administrative offices, an area for parts storage, 8 and a garage containing six (6) lifts and six (6) parking spaces. All painting is to remain at the 9 8015 Lawndale Avenue location; and 10 11 WHEREAS, the existing loading dock ramp on the north side of the building will be 12 filled in to match the grade of the adjacent pavement to accommodate a parallel parking space 13 and a total of 15 parking spaces will be provided outside. The driveway will be converted to 14 one-way eastbound with access to the alley. Landscape islands will be installed on the east 15 and west sides of the row of parking spaces on the north side of the property as well as along 16 a portion of the north side of the building; and 17 WHEREAS, the Skokie Plan Commission, at a public hearing duly held on December 18 19, 2019, for which proper legal notice had been achieved and no interested parties appeared, 19 (a) made the appropriate findings of fact as required under Section 118-6(f) of the Skokie 20 Village Code and (b) voted to recommend to the Mayor and Board of Trustees that the 21 requested special use permit be granted subject to the conditions contained in the Plan 22 Commission Report dated January 21, 2020; and 23 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on 24 January 21, 2020, concurred in the aforesaid recommendations and findings of fact of the 25 Skokie Plan Commission; Page 1 of 9 VOSDOCS-#564696-v1-Ordinance__2019-44P__Special_Use_Permit__Automotive_Repair_Facility__8027_Lawndale 1 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the 2 Village of Skokie, Cook County, Illinois: 3 Section 1: That the special use permit requested by the petitioner to establish and 4 operate an automotive repair facility at the Subject Property, described above and commonly 5 known as 8027 Lawndale Avenue, Skokie, Illinois, in an M2 Light Industry district, be and the 6 same is hereby granted and approved subject to each of the conditions set forth below: 7 1. The petitioner shall develop the Subject Property in substantial conformance 8 with the final Village approved site, floor, signage, elevation, site demolition 9 and elevation plans and landscape plan, all dated December 30, 2019; 10 2. Tree protection fencing is required for the two (2) trees within the Lawndale 11 Avenue parkway during the construction of the parking lot. 12 3. There shall be no automobile repair work or washing of vehicles from 10:00 13 p.m. to 7:00 a.m.; 14 4. All repair work must be performed within a building at all times except 15 inspecting vehicles; adding fluids; and changing tires, batteries, windshield 16 wipers, or light bulbs; 17 5. Outside storage and display of items for sale or lease, tools, equipment, 18 vehicles, parts, or supplies is prohibited; 19 6. Vehicles and boats are prohibited to be sold, advertised for sale, or, other than 20 operational licensed vehicles owned by the establishment, remain outdoors on 21 the property for more than 10 days; 22 7. Any vehicle outdoors in need of repair must be parked in a legal parking space 23 and generally screened from view from any public street in rights-of-way 24 abutting the lot. Such vehicle is prohibited from being parked outdoors for 25 more than 10 days; 26 8. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, 27 signage, landscaping, structures, and any other facilities or infrastructure on 28 the Subject Property shall be maintained in a good state of repair, and when 29 needed, be repaired or replaced in a timely manner; 30 9. The petitioner shall sign an "Agreement for Installation and Maintenance of 31 Landscaping" to assure that the Subject Property and parkway landscaping is 32 completed and maintained, including trimming, watering, and replacing of 33 dead plant materials in a timely manner in accordance with the final approved 34 landscape plan. A copy of said Agreement is attached hereto, marked Exhibit 35 “A” and hereby made part of this Ordinance. This “Agreement for Installation 36 and Maintenance of Landscaping" shall be recorded at the petitioner’s 37 expense; 38 10. All new construction, alterations, and remodeling shall meet current 39 International Building and NFPA Life Safety Codes as amended; 40 11. All private and public sidewalks shall be maintained free of snow, ice, sleet, or 41 other objects that may impede travel; 42 12. All off-street parking spaces shall be legibly striped and maintained; Page 2 of 9 VOSDOCS-#564696-v1-Ordinance__2019-44P__Special_Use_Permit__Automotive_Repair_Facility__8027_Lawndale 1 13. Any plan to modify parking lot striping must be approved by the Director of 2 Engineering; 3 14. Vehicles shall not be allowed to be parked in or otherwise block common 4 driveways, sidewalks, aisles, or other points of access at any time, shall only 5 be parked in designated parking spaces, and shall not overlap the striped lines 6 of designated parking spaces; 7 15. The owner of the Subject Property (and its tenant) shall ensure that 8 employees park on the Subject Property; 9 16. The petitioner shall obtain all required permits and approvals for 10 improvements to County, State, or Federal rights-of-way from the governing 11 jurisdiction; 12 17. All signage shall conform to the Skokie Village Code. Any sign on the Subject 13 Property that is in violation of that Code must be removed or modified to 14 conform with the Village Code prior to the issuance of an occupancy permit; 15 18. All modifications to building elevations, signage, and landscaping shall be 16 subject to the review and approval of the Skokie Appearance Commission; 17 19. The petitioner shall submit to the Planning Division electronic files of the plat 18 of survey, site plan, and landscape plan in their approved and finalized form. 19 The files shall be scaled 2-dimensional drawing files on non-compressed, non- 20 read only CD-ROM *.dwg AutoCAD format; 21 20. Prior to the issuance of building permits, the petitioner shall submit to the 22 Planning Division of the Community Development Department the name, 23 address, and telephone number of the company and contact person 24 responsible for site maintenance in compliance with the special use permit; 25 21. If work is to be performed on public property or if public property is utilized or 26 impacted during construction and/or development, the owner shall provide, or 27 shall cause the developer and/or contractor to provide, the Village of Skokie 28 with a certificate of insurance naming the Village of Skokie as additionally 29 insured for any and all claims related to any and all work. The owner shall 30 hold, and shall cause the developer and/or contractor to hold, the Village of 31 Skokie harmless and indemnify the Village for any and all claims for property 32 damage or personal injury related to work on or use of public property; 33 22. The petitioner shall comply with all Federal and State statutes, laws, rules and 34 regulations and all Village codes, ordinances, rules, and regulations; and 35 23. Failure to abide by any and all terms of this Ordinance shall be cause for the 36 Village to initiate hearings to determine whether the subject Ordinance, as well 37 as any applicable business licenses, should be revised or revoked. The 38 petitioner shall pay all costs related to any hearings conducted as a result of 39 non-compliance with any of the provisions of the enabling ordinance. The 40 costs shall include but not be limited to court reporter fees, attorney fees, and 41 staff time required researching and conducting said hearing. 42 Section 2: That a notice of the approval of this Ordinance incorporating the 43 conditions contained herein shall be executed by the owner of the property in writing and 44 duly recorded with the Cook County Recorder of Deeds Office at the owner’s expense. Page 3 of 9 VOSDOCS-#564696-v1-Ordinance__2019-44P__Special_Use_Permit__Automotive_Repair_Facility__8027_Lawndale 1 Section 3: That this Ordinance shall be in full force and effect from and after its 2 passage, approval and recordation as provided by law. 3 ADOPTED this day of February, 2020. Village Clerk Ayes: Nays: Absent: Approved by me this day of Attested and filed in my February, 2020. office this day of February, 2020. Mayor, Village of Skokie Village Clerk 4 Page 4 of 9 VOSDOCS-#564696-v1-Ordinance__2019-44P__Special_Use_Permit__Automotive_Repair_Facility__8027_Lawndale  Exhibit A AGREEMENT FOR INSTALLATION AND MAINTENANCE OF LANDSCAPING Plan Commission Case 2019-44P 1 This Agreement is entered into this day of 2020, by and 2 between CHICAGO TITLE LAND COMPANY UNDER TRUST #MBMG 98-181 DATED 3 11/19/98, hereinafter referred to as "PROPERTY OWNER", and the VILLAGE OF SKOKIE, an 4 Illinois municipal corporation, hereinafter referred to as "VILLAGE". The parties to this 5 Agreement hereby agree as follows: 6 7 PROPERTY OWNER is the owner of real property located in the Village of Skokie, LOT 2 IN NICK & ERNIE’S RESUBDIVISION OF PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 10-23-332-044-0000 8 1. At or near the time of execution of this Agreement, the VILLAGE granted an 9 Occupancy Permit, Business License, Site Plan Approval or Special Use Permit 10 hereinafter collectively referred to as “permit” pursuant to state statutes and local 11 ordinances. 12 2. By the terms of the aforesaid permit, the PROPERTY OWNER is required to install 13 and maintain landscaping in accordance with the plan dated December 30,2019, or 14 as it may be subsequently revised with the approval of the Village Manager, or 15 designee, and the Corporation Counsel. 16 3. The parties to this Agreement recognize that the installation and maintenance of 17 landscaping is an integral part of the PROPERTY OWNER's plan for development 18 and/or use of the property and is necessary to carry out the purpose and intent of the 19 VILLAGE's land use objectives, and that the permit would not have been approved 20 by the VILLAGE without the assurance that this Agreement would be executed by 21 the PROPERTY OWNER. 22 4. The purpose of this Agreement is to assure: 23 (a) installation of the landscaping in accordance with the landscaping plan 24 approved by the VILLAGE, and 25 (b) continued maintenance and care of the landscaping, including any 26 landscaping indicated in the parkway area. 27 5. The property, which is the subject matter of this Agreement, is legally described 28 above. The portions of the Subject Property which are to be landscaped and 29 maintained pursuant to the terms and conditions of this Agreement are indicated on 30 the Landscape Plan attached hereto, marked Exhibit “1” and are hereby made a part 31 of this Agreement. Page 5 of 9 VOSDOCS-#564696-v1-Ordinance__2019-44P__Special_Use_Permit__Automotive_Repair_Facility__8027_Lawndale 1 6. PROPERTY OWNER agrees that the installation and maintenance of the 2 landscaping which is required in accordance with the permit issued by the VILLAGE 3 and this Agreement will materially benefit the Subject Property. Such landscaping is 4 necessary in order for the PROPERTY OWNER to comply with the conditions of the 5 permit issued or granted by the VILLAGE for the PROPERTY OWNER’s requested 6 development or use of the property. 7 7. PROPERTY OWNER shall diligently maintain and care for the landscaping which is 8 installed and required by the permit and this Agreement, using generally accepted 9 methods of cultivation and watering. The PROPERTY OWNER shall maintain a 10 standard of care necessary to prevent the landscaping from deteriorating to the 11 extent that its value as landscaping is destroyed. If Exhibit “1”, attached hereto or 12 permit specifies maintenance standards or procedures, such procedures are hereby 13 adopted as part of this Agreement, and by such adoption, become enforcement 14 conditions of this Agreement. 15 8. Failure to maintain the landscaping as required by this Agreement shall be a 16 nuisance. In the event the PROPERTY OWNER fails to meet the standard of 17 maintenance necessary to keep the landscaping in a healthy condition as required 18 by this Agreement, the VILLAGE shall give written notice of the deficiency to the 19 PROPERTY OWNER who shall have 20 days to make the necessary correction or 20 replacement. If such correction or replacement is not made within the aforesaid 20- 21 day period, the VILLAGE may elect to abate the nuisance and take necessary action 22 to assure that the landscaping is replaced and/or maintained. In the event, the 23 VILLAGE so elects; the VILLAGE shall serve notice of its intent to enter the 24 premises for this purpose. The VILLAGE shall either personally serve the notice 25 upon the PROPERTY OWNER or mail a copy of it by certified mail to the 26 PROPERTY OWNER's last known address, or as shown on the tax rolls, at least 15 27 days in advance of the date when the VILLAGE or its agent intends to enter the 28 premises. 29 9. For this purpose, the VILLAGE or its agent may enter upon the property and perform 30 such work as it considers reasonably necessary and proper to restore, maintain, or 31 replace the landscaping required by this Agreement. The VILLAGE may act either 32 through its own employees or through an independent contractor. 33 10. The VILLAGE shall be entitled to reimbursement for abating the nuisance in 34 restoring, maintaining or replacing the landscaping, provided that the VILLAGE 35 follows the procedures set forth in this Agreement. Costs shall include but shall not 36 be limited to actual costs incurred by the VILLAGE and administrative costs. The 37 VILLAGE shall make demand upon the PROPERTY OWNER for payment. If the 38 PROPERTY OWNER fails to pay the costs within 30 days of the date on which 39 demand is made, the VILLAGE may cause a lien to be placed on the Subject 40 Property. The VILLAGE may record a notice with the Recorder of Deeds for Cook 41 County stating that it has incurred expenses under the terms this Landscape 42 Agreement. The VILLAGE shall be entitled to collect interest at the statutory rate on 43 the amount owed. 44 11. In addition to having a lien placed on the Subject Property, the VILLAGE may 45 institute a legal action to collect the amount owed. The PROPERTY OWNER agrees 46 to pay the VILLAGE a reasonable sum for attorney's fees and court costs. Page 6 of 9 VOSDOCS-#564696-v1-Ordinance__2019-44P__Special_Use_Permit__Automotive_Repair_Facility__8027_Lawndale 1 12. If either party upon the execution of this Agreement or during the course of 2 performance considers that it is necessary to have the PROPERTY OWNER post 3 additional security to guarantee the performance of his obligations hereunder, the 4 VILLAGE may require the PROPERTY OWNER to post additional security. The 5 VILLAGE may require either a cash deposit or a surety bond guaranteeing 6 performance in a form signed by sureties satisfactory to the VILLAGE. The 7 condition of the security shall be that if the PROPERTY OWNER fails to perform any 8 obligation under this Agreement, the VILLAGE may, act on behalf of the 9 PROPERTY OWNER and use the proceeds of the cash bond, or in the case of a 10 surety bond, require the securities to perform the obligations of this Agreement. 11 13. The PROPERTY OWNER hereby agrees to indemnify and hold harmless the 12 VILLAGE, its trustees, officials, employees and agents for any costs, claims, actions 13 or causes of action for personal injury, property damage or otherwise, including 14 reasonable attorney’s fees, which may arise from the VILLAGE exercising any of its 15 rights or obligations and performance under this Agreement. 16 14. All notices required or to be given pursuant hereto shall be in writing and either 17 delivered personally or by a nationally recognized "over-night" courier service or 18 mailed by United States certified or registered mail, postage prepaid, addressed to 19 the VILLAGE and the PROPERTY OWNER as follows: If to VILLAGE: If to the PROPERTY OWNER: Village of Skokie Chicago Title Land Company 5127 Oakton Street under Trust #MBMG 98-181 Skokie, IL 60077 dated 11/19/98 Attention: Village Clerk 10 South LaSalle St. - #2750 Chicago, IL 60603 With copies to: Village Manager Village of Skokie 5127 Oakton Street Skokie, IL 60077 Corporation Counsel Village of Skokie 5127 Oakton Street Skokie, IL 60077 20 21 Either Party may change the names and addresses of the persons to whom notices or 22 copies thereof shall be delivered, by written notice to the other Party, as the case may 23 be, in the manner herein provided for the service of notice. 24 25 15. The Parties and the individuals whose signature is affixed to this Agreement, each 26 acting with due authority have executed this Agreement. 27 16. This Agreement pertains to, runs with the Subject Property, and shall be binding on 28 the successors, assigns, and heirs in interest. Page 7 of 9 VOSDOCS-#564696-v1-Ordinance__2019-44P__Special_Use_Permit__Automotive_Repair_Facility__8027_Lawndale 1 17. This Agreement shall be recorded at the PROPERTY OWNER’s expense in the 2 Office of the Recorder of Deeds for County of Cook. 3 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and 4 year written above. CHICAGO TITLE LAND COMPANY VILLAGE OF SKOKIE UNDER TRUST #MBMG 98-181 DATED 11/19/98 By: By: its Village Manager Title: ATTEST: ATTEST: _____________________________ its Village Clerk Its: Page 8 of 9 VOSDOCS-#564696-v1-Ordinance__2019-44P__Special_Use_Permit__Automotive_Repair_Facility__8027_Lawndale  MML: *2/18/20 PC: 2019-44P Exhibit 1 SUP: 580.01 1 Page 9 of 9 VOSDOCS-#564696-v1-Ordinance__2019-44P__Special_Use_Permit__Automotive_Repair_Facility__8027_Lawndale