Board of Trustees

TUESDAY, JULY 6, 2021 – 8:00 P.M. With Skokie and the entire State of Illinois now in Phase 5 of the Restore Illinois plan and the lifting of restrictions on in-person gatherings, Skokie Village Board meetings are in- person in the Council Chambers at Skokie Village Hall, 5127 Oakton Street. Village Board meetings begin at 8 p.m. and will continue to be broadcast live on the Village’s YouTube channel as well as on SkokieVision cable television channels 17 (Comcast) and 25 (RCN). Meetings also are re-broadcast on the cable channels in the weeks following each meeting, and the videos are archived on the Village’s YouTube channel. In keeping with guidance from the Centers for Disease Control and the Illinois Department of Public Health, members of the public who wish to attend the meeting should be prepared to practice social distancing, and masks should be worn by any individuals who are not fully vaccinated. Public comments may still be submitted to publiccomments@skokie.org; comments received prior to the meeting or during the meeting will be provided to the Village Board and will not be read aloud. Public comments also can be mailed or hand-delivered to Skokie Village Hall, 5127 Oakton Street, Skokie, Illinois, 60077, Attention: Village Manager’s Office or placed in the exterior drop box on the west side of Skokie Village Hall. Each Village Board meeting agenda includes time for public comments, and individuals wishing to speak on an issue will be allocated three minutes to address the Village Board. 1. Pledge of Allegiance led by Village Clerk Pramod C. Shah. 2. Call meeting to order and roll call. 3. Approve Consent Agenda. * 4. Approve, as submitted, minutes of regular meeting held Monday, June 21, 2021. **go to** * 5. Approve Voucher List #4-FY22 of July 6, 2021. **go to** 6. Proclamations and Resolutions. 7. Recognition, Awards and Honorary Presentations. * 8. Appointments, Reappointments and Resignations. **go to** A. Reappointments Board of Fire & Police Commission: Nicole Potthast Fine Arts Commission: Jeff Rhodes as Vice Chair and Pamela Garbarini as Chair Telecommunications & Technology Commission: Sam Corcione as Chair 9. Presentations and Reports. A. Presentation Public Safety Commission Use of Force Policy Recommendation **go to** 10. Report of the Village Manager. **go to** * A. Annual Maintenance Contract for Cisco Network Infrastructure - CDW, Chicago, **go to A** Illinois - $24,942.42. 589308v1  Return to Pg1 of Agenda * B. CentralSquare Public Safety Software Maintenance Contract – CentralSquare, **go to B** Lake Mary, Florida - $141,427.37. * C. Request to Sell Surplus Vehicles and Equipment. **go to C** 11. Report of the Corporation Counsel. **go to** CONSENT: * A. An ordinance amending Chapter 2, Article II, Sections 2-38 and 2-42, of the Skokie **go to A** Village Code pertaining to the conducting of and attendance at public meetings via video and telephone conferencing. This item is on the consent agenda for second reading and adoption. * B. An ordinance granting a special use permit to allow outdoor storage at 5550 Howard **go to B** Street, Skokie, Illinois, in an M2 Light Industry district (2020-12P). This item is on the consent agenda for second reading and adoption. 12. Unfinished Business. 13. New Business. 14. Plan Commission. A. Plan Commission Case 2021-18P – Street Vacation: Alley between 8057 Niles **go to** Center Road and 8052 Elmwood Avenue. 15. Public Comment. (See information at top of page 1) 16. Adjournment. _______________________ Items marked with an asterisk (*) indicate they are part of the Consent Agenda that contains routine items or items which have already been discussed by the Mayor and Board at a previous public meeting and require a second reading. Items on the Consent Agenda are passed in one vote at the beginning of the Board Meeting. Prior to the vote on the Consent Agenda, the Mayor will inquire if there is any matter which anyone wishes to remove from the Consent Agenda. If there is an item on the Consent Agenda which you wish to address, please inform the Mayor at that time you wish to remove it from the Consent Agenda. 589308v1 Return to Agenda Return to Agenda Return to Agenda Return to Agenda Return to Agenda Return to Agenda Return to Agenda Return to Agenda Return to Agenda Return to Agenda Return to Agenda Return to Agenda Return to Agenda Return to Agenda Return to Agenda Return to Agenda Return to Agenda Return to Agenda Return to Pg1 of Memo Return to Pg1 of Memo Return to Pg1 of Memo Return to Pg1 of Memo Return to Pg1 of Memo Return to Pg1 of Memo Return to Pg1 of Memo Return to Pg1 of Memo Return to Pg1 of Memo Return to Pg1 of Memo Return to Pg1 of Memo Return to Pg1 of Memo Return to Pg1 of Memo Return to Pg1 of Memo  Return to Agenda Memorandum Manager’s Office TO: The Honorable Mayor and Board of Trustees Village Clerk Corporation Counsel FROM: _____________________________ John T. Lockerby, Village Manager DATE: July 1, 2021 SUBJECT: MANAGER’S REPORT BOARD MEETING OF TUESDAY, JULY 6, 2021 * A. Annual Maintenance Contract for Cisco Network Infrastructure – CDW, Chicago, Illinois - $24,942.42. The Village of Skokie uses the services of Cisco Networking Infrastructure to provide networking capability for the entire Village. At this time, the annual hardware/software maintenance and support agreement is up for renewal. Staff recommends entering into a contract with CDW to provide the necessary annual maintenance. I concur with staff’s recommendation and respectfully request Mayor and Board approval of a contract in the amount of $24,942.42 to be awarded to CDW. * B. CentralSquare Public Safety Software Maintenance Contract - CentralSquare, Lake Mary, Florida - $141,724.37. In FY2012, the Village contracted with SunGard Corporation for the licensing and use of SunGard Public Safety System for Computer Aided Dispatch, Records Management, Mobile Computer Terminal and Mobile Field Reporting modules. In 2018, the name of the company was changed to CentralSquare. The software maintenance contract for these public safety modules is up for renewal. Since all the software is provided and maintained by CentralSquare, the contract will be a sole source procurement. I concur with staff’s recommendation and respectfully request Mayor and Board approval of a contract in the amount of $141,724.37 to be awarded to CentralSquare. * C. Request to Sell Surplus Vehicles and Equipment. The Public Works Director has requested authorization to sell at auction certain surplus vehicles and equipment. These vehicles and equipment will be auctioned through the Northwest Municipal Conference (NWMC) Auction, which has proven to be successful in the past. The Village currently has eight police vehicles, eight public works vehicles, one fire vehicle and some small obsolete landscape equipment that are being replaced or removed from the fleet. I concur with these recommendations and respectfully request Mayor and Board approval for these vehicles and equipment to be sold at the NWMC auction. 589307v1 Return to Mgr Rpt A Return to Mgr Rpt B Return to Mgr Rpt C Return to Mgr Rpt Return to Agenda Return to Corp. Counsel Rpt Return to Corp. Counsel Rpt  Return to Corp. Counsel Rpt A MML: 6/21/21 1st Reading *7/6/21 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 21-7-C- AN ORDINANCE AMENDING CHAPTER 2, ARTICLE II, SECTIONS 2-38 AND 2-42, OF THE SKOKIE VILLAGE CODE PERTAINING TO THE CONDUCTING OF AND ATTENDANCE AT PUBLIC MEETINGS VIA VIDEO AND TELEPHONE CONFERENCING 1 WHEREAS, on March 16, 2020, in order to promote social distancing as required in 2 response to the COVID-19 health emergency, Governor Pritzker signed Executive Order 3 No. 2020-07, (hereinafter “Order”) which in part allowed local governments and public 4 bodies relief from the Open Meetings Act requirements relating to in-person attendance at 5 public meetings and permitted elected officials to attend a public meeting electronically, by 6 either telephone or video or audio conferencing and to record their vote on properly noticed 7 action items; and 8 9 WHEREAS, the Order also allowed public bodies to conduct meetings 10 electronically, by either telephone or video or audio conferencing, without having to comply 11 with the physical quorum requirement or any limitations on board members’ electronic 12 participation for the duration of the Gubernatorial Disaster Proclamation, issued on or about 13 March 11, 2020 by Governor Pritzker; and 14 15 WHEREAS, to comply with the nationally recognized practice of social distancing 16 during the COVID-19 emergency, the Mayor and Board of Trustees, upon the 17 recommendation of the Village of Skokie (hereinafter “Skokie”) Village Manager, Corporation 18 Counsel and Director of the Skokie Health Department, determined that all Skokie meetings, 19 including that of the Village Board, be held electronically, by either telephone or video or 20 audio conferencing and this was the practice for over 14 months; and 21 22 WHEREAS, in order to keep the public informed and engaged in Skokie governance, 23 for many years electronic meetings have been livestreamed to the public during real time and 24 also made available to the public on Skokie’s website subsequent to the meeting; and 25 26 WHEREAS, in order to allow public participation in the Skokie meetings during the 27 COVID-19 emergency and at the same time achieve the critical practice of social distancing 28 as required by the Village Public Health Department and Center for Disease Control’s 29 (hereinafter “CDC”), written comments or questions regarding any item on the published 30 agenda or presented as a public comment could be submitted in writing or by email and were 31 read at the meeting; and Page 1 of 4 VOSDOCS-#588685-v1-Ordinance__Code_Amendment__Chapter_2__Public_Meetings__Video_&_Telephone_Conferencing  Return to Corp. Counsel Rpt 1 WHEREAS, at a special public meeting held on March 22, 2020, the Village Manager 2 and the Corporation Counsel recommended to the Mayor and Board of Trustees that Chapter 3 2, Article II, Section 2-38 and 2-42 of the Village Code be temporarily suspended to avoid 4 what the CDC defined as dangerous in-person gatherings consistent with Governor Pritzker’s 5 Order; and 6 WHEREAS, for the fourteen months of the COVID emergency the Skokie Board 7 functioned effectively and clearly with Skokie residents, using remote electronic means to 8 conduct the business of this great Village and directed the affairs of the municipality without 9 problems or delays electronically, by either telephone or video or audio conferencing; and 10 WHEREAS, Skokie has a preference to hold its Board meetings with its elected 11 officials gathered in-person for public discourse and to record their votes but also recognizes 12 that participation electronically, by either telephone or video or audio conferencing has been 13 demonstrated to be valuable, reliable and sustainable method for elected officials to 14 participate in Skokie Board meetings and not in anyway violative of the Open Meetings Act; 15 and 16 17 WHEREAS, on June 12, 2020, Illinois Governor J.B. Pritzker signed into law Public 18 Act 101-0640, making permanent changes to the Open Meetings Act to provide for elected 19 officials to participate electronically by either telephone or video or audio conferencing as 20 proven to be useful during COVID; and 21 22 WHEREAS, the temporary changes to the Skokie Code are due to expire with the 23 ending of Governor Pritzker’s Emergency Order, and the Code lacks relevant provisions to 24 adopt and implement Public Act 101-0640 for participation in Skokie meetings electronically, 25 by either telephone or video or audio conferencing; and 26 27 WHEREAS, the Corporation Counsel and the Village Manager recommended to the 28 Mayor and Board of Trustees that Chapter 2, Article II, Section 2-38 and 2-42 of the Skokie 29 Village Code be amended to permanently provide for electronic participation in Village Board 30 meetings with several conditions; and 31 WHEREAS, the Mayor and Board of Trustees at a public meeting duly held on June 32 21, 2021, concurred in the aforesaid recommendation of the Corporation Counsel and the 33 Village Manager; and 34 NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Board of Trustees of the 35 Village of Skokie, Cook County, Illinois; 36 Section 1: That the portion of Chapter 2, Article II, Section 2-38 of the Skokie 37 Village Code highlighted below be and the same is hereby amended in the manner 38 hereinafter indicated. The new material is highlighted in bold and the material to be deleted 39 is highlighted and stricken through. 40 Chapter 2 – ADMINISTRATION 41 … 42 ARTICLE II. – BOARD OF TRUSTEES Page 2 of 4 VOSDOCS-#588685-v1-Ordinance__Code_Amendment__Chapter_2__Public_Meetings__Video_&_Telephone_Conferencing  Return to Corp. Counsel Rpt 1 … 2 Sec. 2-38. Quorum and majority vote. 3 (a) A quorum of the Mayor and Board of Trustees shall consist of a majority of the 4 entire Board of Trustees. Any 4 of the 7 members of the Board of Trustees shall 5 constitute a quorum. A quorum shall be necessary to transact the business of the 6 Board of Trustees. Except as described in paragraph (b) below, or where 7 Illinois State statute allowance has been made for suspension of this 8 requirement due to public health concerns as described in the Open 9 Meetings Act, Mmembers of the Board of Trustees shall only be considered in 10 attendance at a meeting if such member is physically present. Attendance by 11 electronic means at a meeting of the Board of Trustees is hereby prohibited. 12 (b) A majority vote of the Board of Trustees, unless otherwise stated, shall consist of 13 not less than 4 members. A majority vote shall be required to adopt any 14 ordinance or resolution or take affirmative action on any motion, the nature of 15 which is other than procedural. 16 (c) Attendance by a member or members of the Mayor and Board of Trustees 17 other than by physical presence is permissible if a quorum of the members 18 of the Village Board is physically present at the Village Board meeting and a 19 majority of the Mayor and Board of Trustees concur to allow a Trustee or the 20 Mayor to attend the meeting by other means if the Trustee or Mayor is 21 prevented from physically attending because of: (i) personal illness or 22 disability; (ii) employment purposes or the business of the public body; or 23 (iii) a family or other emergency. Attending by other means shall be 24 electronically by either telephone or video or audio conferencing or any 25 similar communications. If a Trustee or the Mayor seeks to attend a Village 26 Board meeting by other means, the Trustee or Mayor must notify the Mayor 27 and/or the Clerk prior to the commencement of the meeting unless advance 28 notice is impractical. A vote to permit a Village Board member to attend 29 electronically pursuant to this Section may be taken at any Village Board 30 meeting prior to the anticipated meeting date which is the subject of the 31 request or at the beginning of that meeting. 32 … 33 Section 2: That Chapter 2, Article II, Section 2-42 of the Skokie Village Code be and 34 the same is hereby amended in the manner hereinafter indicated. The new material is 35 highlighted in bold and the material to be deleted is highlighted and stricken through. 36 … 37 Sec. 2-42. Meetings to be open to public. 38 All meetings of the Mayor and Board of Trustees shall be open to the public except 39 as provided by ordinance or statute., or in the event of a State of Illinois issued disaster 40 declaration relating to public health concerns if public attendance is not feasible due 41 to the disaster. 42 Section 3: That this Ordinance shall be in full force and effect from and after its 43 passage, approval and publication in pamphlet form as provided by law. 44 Page 3 of 4 VOSDOCS-#588685-v1-Ordinance__Code_Amendment__Chapter_2__Public_Meetings__Video_&_Telephone_Conferencing  Return to Corp. Counsel Rpt ADOPTED this day of July, 2021. Ayes: Nays: Village Clerk Absent: Attested and filed in my office Approved by me this day of this day of July, 2021; July, 2021. and published in pamphlet form according to law from July , 2021 to July , 2021. Mayor, Village of Skokie Village Clerk 1 Page 4 of 4 VOSDOCS-#588685-v1-Ordinance__Code_Amendment__Chapter_2__Public_Meetings__Video_&_Telephone_Conferencing  Return to Corp. Counsel Rpt B MML: *7/6/21 PC: 2020-12P SUP: 483.02 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 21-7-Z- AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW OUTDOOR STORAGE AT 5550 HOWARD STREET, SKOKIE, ILLINOIS, IN AN M2 LIGHT INDUSTRY DISTRICT 1 WHEREAS, the owner of the following described real property: 2 LOTS 1 AND 2 IN HARIG RESUBDIVISION, BEING PART OF SECTION 28 3 AND 29, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD 4 PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, ACCORDING TO 5 THE PLAT THEREOF RECORDED FEBRUARY 10, 2016 AS DOCUMENT 6 NUMBER 1604129060. 7 PINS: 10-28-215-034-0000, 10-28-215-035-0000 8 more commonly described as 5550 Howard Street, Skokie, Illinois (hereinafter “Subject 9 Property”), petitioned the Village of Skokie (hereinafter “Skokie”) for a special use permit 10 to allow outdoor storage in conjunction with the existing business on the Subject 11 Property, BCLS Landscaping, in an M2 Light Industry district; and 12 WHEREAS, the Subject Property has been and is currently being used for outdoor 13 storage. A special use permit will approve the use on the Subject Property and direct 14 correction of previous and current deficiencies, including the completion of the fencing, 15 removing parking spaces that encroach into the public right-of-way and improved parking 16 lot and driveway surfaces; and 17 WHEREAS, the Skokie Plan Commission, at a public hearing duly held on October 18 1, 2020, for which proper legal notice had been achieved and no interested parties 19 provided testimony, (a) made the appropriate findings of fact as required under Section 20 118-6(f) of the Skokie Village Code and (b) voted to recommend to the Mayor and Board 21 of Trustees that the requested special use permit be granted subject to the conditions 22 contained in the Plan Commission Report dated June 7, 2021; and 23 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on 24 June 7, 2021, at which no public comments for this case were submitted, concurred in the 25 aforesaid recommendations and findings of fact of the Skokie Plan Commission; 26 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the 27 Village of Skokie, Cook County, Illinois: 28 Section 1: That the special use permit requested by the petitioner to allow 29 outdoor storage at the Subject Property, described above and commonly known as 5550 Page 1 of 9 VOSDOCS-#589482-v1-Ordinance__2020-12P__Special_Use_Permit__Outdoor_Storage__5550_Howard  Return to Corp. Counsel Rpt 1 Howard Street, Skokie, Illinois, in an M2 Light Industry district, be and the same is hereby 2 granted and approved subject to each of the conditions set forth below: 3 1. The petitioner shall develop the Subject Property in substantial conformance with the 4 final Village approved site plan (dimension plan) and landscape plan (permit plan) 5 both dated, April 26, 2021; 6 2. Within 60 days of the adoption of the Ordinance by the Village Board, the petitioner 7 must: 8 a. Resolve all outstanding Skokie Administrative Hearing citations issued for the 9 Subject Property, 10 b. Complete construction of the fencing and screening approved by this special 11 use permit, in accordance with the required fence permit; 12 3. No landscaping materials shall be stored within any driveway or required parking 13 space at the subject property; 14 4. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage, 15 landscaping, structures, and any other facilities or infrastructure on the Subject 16 Property shall be maintained in a good state of repair, and when needed, be 17 repaired or replaced in a timely manner; 18 5. Parking lot and exterior lighting shall meet IES standards, be full cut-off design, and 19 directed away from adjacent properties, and subject to the approval of the 20 Engineering Division; 21 6. All required off-street parking spaces shall be legibly striped and maintained; 22 7. The Subject Property must conform to the Village's Storm Water Control Ordinance as 23 contained in the Skokie Village Code, including the disconnection of any downspouts; 24 8. All modifications to building elevations, signage, and landscaping shall be subject to 25 the review and approval of the Skokie Appearance Commission; 26 9. The handicapped parking spaces shall be installed and maintained in compliance with 27 State of Illinois Accessibility Standards and the Skokie Village Code. All handicapped 28 parking spaces shall be included in the Village Handicapped Parking Space 29 Maintenance Program; 30 10. Vehicles shall not be allowed to be parked in or otherwise block driveways, 31 sidewalks, aisles, or other points of access the lead to required parking at any time, 32 shall always be parked in designated parking spaces, and shall not overlap the 33 striped lines of designated parking spaces. All employees shall park on the Subject 34 Property; 35 11. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other 36 objects that may impede travel; 37 12. All landscaping shall be maintained to a maximum height of 30 inches for a distance 38 of 15 feet from any vehicular access point or intersection in order to maintain 39 adequate sight distance; 40 13. The petitioner shall sign an "Agreement for Installation and Maintenance of Page 2 of 9 VOSDOCS-#589482-v1-Ordinance__2020-12P__Special_Use_Permit__Outdoor_Storage__5550_Howard  Return to Corp. Counsel Rpt 1 Landscaping" to assure that the Subject Property and parkway landscaping is 2 completed and maintained, including trimming and watering, in accordance with the 3 final approved landscape plan. A copy of said Agreement is attached hereto, 4 marked Exhibit “A” and hereby made part of this Ordinance. This “Agreement for 5 Installation and Maintenance of Landscaping" shall be recorded at the petitioner’s 6 expense. All dead landscaping shall be replaced in a timely manner; 7 14. The petitioner shall submit to the Planning Division electronic files of the Plat of 8 Survey, Site Plan, and Landscape Plan in approved and finalized form. The files 9 shall be scaled CADD 2D drawing files on non-compressed, non-read only, IBM 10 formatted, CD-ROM .DWG AutoCAD format (version 2004). The drawings shall be 11 formatted to SPCS, NAD83, HARN1997, with SPCS north being straight up, and the 12 primary units in U.S. Survey Feet. All elements shall be contained within a single 13 file, no XREF or PDF attachment files shall be used; 14 15. Prior to the issuance of building permits, the petitioner shall submit to the Planning 15 Division of the Community Development Department the name, address, and 16 telephone number of the company and contact person responsible for site 17 maintenance in compliance with the special use permit; 18 16. If work is to be performed on public property or if public property is utilized or 19 impacted during construction and/or development, the owner shall provide, or shall 20 cause the developer and/or contractor to provide, the Village of Skokie with a 21 certificate of insurance naming the Village of Skokie as additionally insured for any 22 and all claims related to any and all work. The owner shall hold, and shall cause the 23 developer and/or contractor to hold, the Village of Skokie harmless and indemnify 24 the Village for any and all claims for property damage or personal injury related to 25 work on or use of public property; 26 17. The petitioner shall comply with all Federal and State statutes, laws, rules and 27 regulations and all Village codes, ordinances, rules, and regulations; 28 18.Failure to abide by any and all terms of this Ordinance shall be cause for the Village 29 to initiate hearings to determine whether the subject Ordinance, as well as any 30 applicable business licenses, should be revised or revoked; and 31 19.The petitioner shall pay all costs related to any hearings conducted as a result of 32 non-compliance with any of the provisions of the enabling ordinance. The costs 33 shall include but not be limited to court reporter fees, attorney fees, and staff time 34 required researching and conducting said hearing. 35 Section 2: That a notice of the approval of this Ordinance incorporating the 36 conditions contained herein shall be executed by the owner of the property in writing 37 and duly recorded with the Cook County Clerk’s Office at the owner’s expense. 38 Section 3: That this Ordinance shall be in full force and effect from and after 39 its passage, approval and recordation as provided by law. Page 3 of 9 VOSDOCS-#589482-v1-Ordinance__2020-12P__Special_Use_Permit__Outdoor_Storage__5550_Howard  Return to Corp. Counsel Rpt ADOPTED this day of July, 2021. Village Clerk Ayes: Nays: Absent: Approved by me this day of Attested and filed in my July, 2021. office this day of July, 2021. Mayor, Village of Skokie Village Clerk Page 4 of 9 VOSDOCS-#589482-v1-Ordinance__2020-12P__Special_Use_Permit__Outdoor_Storage__5550_Howard  Return to Corp. Counsel Rpt Exhibit A AGREEMENT FOR INSTALLATION AND MAINTENANCE OF LANDSCAPING Plan Commission Case 2020-12P 1 This Agreement is entered into this day of 2021 by and 2 between CHICAGO TITLE LAND TRUST COMPANY, AS TRUSTEE OF TRUST NUMBER 3 8002379462, DATED NOVEMBER 6, 2018, hereinafter referred to as "PROPERTY OWNER", 4 and the VILLAGE OF SKOKIE, an Illinois municipal corporation, hereinafter referred to as 5 "VILLAGE". The parties to this Agreement hereby agree as follows: 6 7 PROPERTY OWNER is the owner of real property located in the Village of Skokie, 8 LOTS 1 AND 2 IN HARIG RESUBDIVISION, BEING PART OF SECTION 28 AND 29, TOWNSHIP 41 9 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, 10 ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 10, 2016 AS DOCUMENT NUMBER 11 1604129060. 12 PINS: 10-28-215-034-0000, 10-28-215-035-0000 13 1. At or near the time of execution of this Agreement, the VILLAGE granted an 14 Occupancy Permit, Business License, Site Plan Approval or Special Use Permit 15 hereinafter collectively referred to as “permit” pursuant to state statutes and local 16 ordinances. 17 2. By the terms of the aforesaid permit, the PROPERTY OWNER is required to install 18 and maintain landscaping in accordance with the plan dated April 26, 2021, 19 or as it may be subsequently revised with the approval of the Village Manager, or 20 designee, and the Corporation Counsel. 21 3. The parties to this Agreement recognize that the installation and maintenance of 22 landscaping is an integral part of the PROPERTY OWNER's plan for development 23 and/or use of the property and is necessary to carry out the purpose and intent of the 24 VILLAGE's land use objectives, and that the permit would not have been approved 25 by the VILLAGE without the assurance that this Agreement would be executed by 26 the PROPERTY OWNER. 27 4. The purpose of this Agreement is to assure: 28 (a) installation of the landscaping in accordance with the landscaping plan 29 approved by the VILLAGE, and 30 (b) continued maintenance and care of the landscaping, including any 31 landscaping indicated in the parkway area. 32 5. The property, which is the subject matter of this Agreement, is legally described 33 above. The portions of the Subject Property which are to be landscaped and 34 maintained pursuant to the terms and conditions of this Agreement are indicated on Page 5 of 9 VOSDOCS-#589482-v1-Ordinance__2020-12P__Special_Use_Permit__Outdoor_Storage__5550_Howard  Return to Corp. Counsel Rpt 1 the Landscape Plan attached hereto, marked Exhibit “1” and are hereby made a part 2 of this Agreement. 3 6. PROPERTY OWNER agrees that the installation and maintenance of the 4 landscaping which is required in accordance with the permit issued by the VILLAGE 5 and this Agreement will materially benefit the Subject Property. Such landscaping is 6 necessary in order for the PROPERTY OWNER to comply with the conditions of the 7 permit issued or granted by the VILLAGE for the PROPERTY OWNER’s requested 8 development or use of the property. 9 7. PROPERTY OWNER shall diligently maintain and care for the landscaping which is 10 installed and required by the permit and this Agreement, using generally accepted 11 methods of cultivation and watering. The PROPERTY OWNER shall maintain a 12 standard of care necessary to prevent the landscaping from deteriorating to the 13 extent that its value as landscaping is destroyed. If Exhibit “1”, attached hereto or 14 permit specifies maintenance standards or procedures, such procedures are hereby 15 adopted as part of this Agreement, and by such adoption, become enforcement 16 conditions of this Agreement. 17 8. Failure to maintain the landscaping as required by this Agreement shall be a 18 nuisance. In the event the PROPERTY OWNER fails to meet the standard of 19 maintenance necessary to keep the landscaping in a healthy condition as required 20 by this Agreement, the VILLAGE shall give written notice of the deficiency to the 21 PROPERTY OWNER who shall have 20 days to make the necessary correction or 22 replacement. If such correction or replacement is not made within the aforesaid 20- 23 day period, the VILLAGE may elect to abate the nuisance and take necessary action 24 to assure that the landscaping is replaced and/or maintained. In the event, the 25 VILLAGE so elects; the VILLAGE shall serve notice of its intent to enter the 26 premises for this purpose. The VILLAGE shall either personally serve the notice 27 upon the PROPERTY OWNER or mail a copy of it by certified mail to the 28 PROPERTY OWNER's last known address, or as shown on the tax rolls, at least 15 29 days in advance of the date when the VILLAGE or its agent intends to enter the 30 premises. 31 9. For this purpose, the VILLAGE or its agent may enter upon the property and perform 32 such work as it considers reasonably necessary and proper to restore, maintain, or 33 replace the landscaping required by this Agreement. The VILLAGE may act either 34 through its own employees or through an independent contractor. 35 10. The VILLAGE shall be entitled to reimbursement for abating the nuisance in 36 restoring, maintaining or replacing the landscaping, provided that the VILLAGE 37 follows the procedures set forth in this Agreement. Costs shall include but shall not 38 be limited to actual costs incurred by the VILLAGE and administrative costs. The 39 VILLAGE shall make demand upon the PROPERTY OWNER for payment. If the 40 PROPERTY OWNER fails to pay the costs within 30 days of the date on which 41 demand is made, the VILLAGE may cause a lien to be placed on the Subject 42 Property. The VILLAGE may record a notice with the Recorder of Deeds for Cook 43 County stating that it has incurred expenses under the terms this Landscape 44 Agreement. The VILLAGE shall be entitled to collect interest at the statutory rate on 45 the amount owed. Page 6 of 9 VOSDOCS-#589482-v1-Ordinance__2020-12P__Special_Use_Permit__Outdoor_Storage__5550_Howard  Return to Corp. Counsel Rpt 1 11. In addition to having a lien placed on the Subject Property, the VILLAGE may 2 institute a legal action to collect the amount owed. The PROPERTY OWNER agrees 3 to pay the VILLAGE a reasonable sum for attorney's fees and court costs. 4 12. If either party upon the execution of this Agreement or during the course of 5 performance considers that it is necessary to have the PROPERTY OWNER post 6 additional security to guarantee the performance of his obligations hereunder, the 7 VILLAGE may require the PROPERTY OWNER to post additional security. The 8 VILLAGE may require either a cash deposit or a surety bond guaranteeing 9 performance in a form signed by sureties satisfactory to the VILLAGE. The 10 condition of the security shall be that if the PROPERTY OWNER fails to perform any 11 obligation under this Agreement, the VILLAGE may, act on behalf of the 12 PROPERTY OWNER and use the proceeds of the cash bond, or in the case of a 13 surety bond, require the securities to perform the obligations of this Agreement. 14 13. The PROPERTY OWNER hereby agrees to indemnify and hold harmless the 15 VILLAGE, its trustees, officials, employees and agents for any costs, claims, actions 16 or causes of action for personal injury, property damage or otherwise, including 17 reasonable attorney’s fees, which may arise from the VILLAGE exercising any of its 18 rights or obligations and performance under this Agreement. 19 14. All notices required or to be given pursuant hereto shall be in writing and either 20 delivered personally or by a nationally recognized "over-night" courier service or 21 mailed by United States certified or registered mail, postage prepaid, addressed to 22 the VILLAGE and the PROPERTY OWNER as follows: If to VILLAGE: If to the PROPERTY OWNER: Village of Skokie 5127 Oakton Street Skokie, IL 60077 Chicago Title Land Trust Company, as Attention: Village Clerk Trustee of Trust Number 8002379462 dated November 6, 2018 With copies to: 10 South LaSalle Street, Suite 2750 Village Manager Chicago, IL 60603 Village of Skokie 5127 Oakton Street Skokie, IL 60077 Corporation Counsel Village of Skokie 5127 Oakton Street Skokie, IL 60077 23 24 Either Party may change the names and addresses of the persons to whom notices or 25 copies thereof shall be delivered, by written notice to the other Party, as the case may 26 be, in the manner herein provided for the service of notice. Page 7 of 9 VOSDOCS-#589482-v1-Ordinance__2020-12P__Special_Use_Permit__Outdoor_Storage__5550_Howard  Return to Corp. Counsel Rpt 1 15. The Parties and the individuals whose signature is affixed to this Agreement, each 2 acting with due authority have executed this Agreement. 3 16. This Agreement pertains to, runs with the Subject Property, and shall be binding on 4 the successors, assigns, and heirs in interest. 5 17. This Agreement shall be recorded at the PROPERTY OWNER’s expense in the 6 Office of the Recorder of Deeds for County of Cook. 7 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and 8 year written above. 9 CHICAGO TITLE LAND TRUST COMPANY, VILLAGE OF SKOKIE 10 AS TRUSTEE OF TRUST NUMBER 8002379462 11 DATED NOVEMBER 6, 2018 By: By: its Village Manager Title: ATTEST: ATTEST: _____________________________ its Village Clerk Its: Page 8 of 9 VOSDOCS-#589482-v1-Ordinance__2020-12P__Special_Use_Permit__Outdoor_Storage__5550_Howard  Return to Corp. Counsel Rpt Exhibit 1 1 Page 9 of 9 VOSDOCS-#589482-v1-Ordinance__2020-12P__Special_Use_Permit__Outdoor_Storage__5550_Howard  Return to Agenda PLAN COMMISSION REPORT 2021-18P: Street Vacation Plan Commission Council Chambers, 8:00 PM July 6, 2021 To: Mayor and Board of Trustees From: Paul Luke, Chairman Case: 2021-18P: Street Vacation Alley between 8057 Niles Center Road and 8052 Elmwood Avenue PLAN COMMISSION ANALYSIS At its June 3, 2021 meeting, the Plan Commission heard the request of Haben Properties, LLC, for the vacation of the alley between 8057 Niles Center Road and 8052 Elmwood Avenue in a CX Core Mixed-use district. The alley is wholly surrounded by private property and is a residual piece of right-of-way from previous alley vacations. There was only one question from the commission regarding the current use of the alley, which is paved and looks like a driveway in the funeral home’s parking lot. It is used for funeral home vehicles and the Village’s garbage and recycling trucks. The petitioner has added the Village’s standard easement language to the Plat of Vacation and provided the attached updated, satisfying some of the conditions that were recommended by the Commission. INTERESTED PARTIES Legal notice was properly posted, advertised, and delivered to all property owners in the area of the subject site as prescribed by the Zoning Chapter. No interested parties spoke regarding the case. PLAN COMMISSION RECOMMENDATIONS AND VOTING The Plan Commission recommends by a vote of 6 ayes and 0 nays, with 1 member absent and 2 vacancies, that the petitioner’s request to vacate the alley between 8057 Niles Center Road and 8052 Elmwood Avenue in a CX Core Mixed-use zoning district be APPROVED, subject to the attached recommended conditions. ATTENDANCE AYES NAYS ABSENT Mitchell (moved) X Quane X Lakhani X Franklin X Burman X Mathee (second) X Luke X VOSDOCS-#589347-v1-Master_Plan_Commission_Report_for_2021- 18P__alley_vacation_between_8057_Niles_Center_and_8052_Elmwood 1 of 8  Return to 2021-18P ATTACHMENTS 1. Plan Commission Recommended Conditions (revised), dated July 6, 2021 2. Staff Report, dated June 3, 2021 3. Draft Plan Commission Meeting Minutes for June 3, 2021 4. Plat of Vacation 5. Aerial Map VOSDOCS-#589347-v1-Master_Plan_Commission_Report_for_2021- 18P__alley_vacation_between_8057_Niles_Center_and_8052_Elmwood.docx 2 of 8  Return to 2021-18P PLAN COMMISSION RECOMMENDED CONDITIONS 2021-18P: Street Vacation Plan Commission Council Chambers, 8:00 PM, July 6, 2021 1. The property shall be vacated pursuant to the Plat of Vacation <insert date of final approved plat>, and as may be further revised with the approval of the Village Manager, or designee, and Corporation Counsel. 2. Prior to the passage of the ordinance by the Board of Trustees, the applicant will remit to the Village the value of the vacation. 3. Upon the passage of the ordinance by the Board of Trustees, the Mylar of the Plat of Vacation shall be submitted to the Village with all signatures other than Village staff or elected officials. 4. Property owners shall not alter the grade or change the drainage pattern in the easement area without a permit from the Engineering Division. 5. The vacation shall be effective upon the recording of a Plat of Vacation by the Village in the Office of the Recorder of Deeds of Cook County, Illinois. VOSDOCS-#589347-v1-Master_Plan_Commission_Report_for_2021- 18P__alley_vacation_between_8057_Niles_Center_and_8052_Elmwood.docx 3 of 8  Return to 2021-18P STAFF REPORT 2021-18P: Alley Vacation Community Development Department Council Chambers, 7:30 PM, June 3, 2021 To: Paul Luke, Chairman, Skokie Plan Commission From: Steve Marciani, AICP, Planning Supervisor General Information Location Alley between 8057 Niles Center Rd. and 8052 Elmwood Ave. Purpose To vacate of the alley between 8057 Niles Center Rd. and 8052 Elmwood Ave. Petitioner Haben Properties, LLC Size of Site The alley’s dimensions are approximately 72’ long and 16’ wide. The area of the alley is approximately 1,146 ft2. Existing Zoning & CX Core Mixed-use – public alley Land Use Adjacent Zoning & North CX Core Mixed-use – parking lot Land Use South CX Core Mixed-use – parking lot, accessory buildings for detached residences East CX Core Mixed-use – detached residences West CX Core Mixed-use – parking lot, funeral home Comprehensive Plan The site is designated as core mixed-use in Sector A. PETITIONER’S SUBMITTAL The applicant is requesting the vacation of the alley between 8057 Niles Center Road and 8052 Elmwood Avenue in a CX Core Mixed-use district. The alley is wholly surrounded by private property and is a residual piece of right-of-way from previous alley vacations. The petitioner included the following statement: Haben Properties LLC and Barbara Haben are the owners of the adjacent properties to the west and east, respectively. The same alleyway continuing to the north and to the south of subject alleyway have already been vacated and are owned by Haben Properties LLC and John W. Haben. The subject alleyway has been used, improved, and maintained by Haben Funeral Home for many years. The alleyway has not been used by the public; and only used by the funeral home operation, Village of Skokie garbage pick-up and recycling pick-up vehicles. I have intent to construct an addition to the funeral home, and consequently make further improvements of this VOSDOCS-#589347-v1-Master_Plan_Commission_Report_for_2021- 18P__alley_vacation_between_8057_Niles_Center_and_8052_Elmwood.docx 4 of 8  Return to 2021-18P alley space to enhance better traffic flow and auxiliary parking for funeral home and crematory vehicles and personnel. STAFF ANALYSIS Comments All pertinent departments and divisions were offered an opportunity to comment on this case. Other than the Planning Division comments below, all others did not respond or approved the request without comment. Planning Division The Planning Division supports the proposed alley vacation. The alley no longer serves any public purpose. There are public utilities in the alley, and a utility easement needs to be established. Once the alley is vacated, the petitioner will be sent a copy of the Plat of Vacation and may continue to use the land consistent with the site plan approval (2010-12P), the special use permit for the residence (2010-13P), and the special use permit for the funeral home (2010-14). STAFF RECOMMENDATIONS Staff recommends that the petitioner’s request to vacate the alley between 8057 Niles Center Road and 8052 Elmwood Avenue in an CX Core Mixed-Use district be GRANTED subject to conditions listed below. RECOMMENDED VACATION CONDITIONS 1. Prior to the hearing of this case before the Board of Trustees, the petitioner shall submit to the Village a Mylar copy Plat of Vacation for the alley. 2. The property shall be vacated pursuant to the Plat of Vacation <insert date of final approved plat>, and as may be further revised with the approval of the Village Manager, or designee, and Corporation Counsel. 3. Prior to the passage of the ordinance by the Board of Trustees, the applicant will remit to the Village the value of the vacation. 4. Upon the passage of the ordinance by the Board of Trustees, the Mylar of the Plat of Vacation shall be submitted to the Village with all signatures other than Village staff or elected officials. 5. Easements shall be reserved for all Village and Village franchised public utilities over the entire area to be vacated. 6. Property owners shall not alter the grade or change the drainage pattern in the easement area without a permit from the Engineering Division. VOSDOCS-#589347-v1-Master_Plan_Commission_Report_for_2021- 18P__alley_vacation_between_8057_Niles_Center_and_8052_Elmwood.docx 5 of 8  Return to 2021-18P 7. Other than a fence, no structures or trees shall be constructed or planted within the easement area. 8. The vacation shall be effective upon the recording of a Plat of Vacation by the Village in the Office of the Recorder of Deeds of Cook County, Illinois. VOSDOCS-#589347-v1-Master_Plan_Commission_Report_for_2021- 18P__alley_vacation_between_8057_Niles_Center_and_8052_Elmwood.docx 6 of 8  Return to 2021-18P Draft Plan Commission Meeting Minutes Date: June 3, 2021 A motion was made by Commissioner Mitchell and seconded by Commissioner Franklin to approve the minutes of the May 6, 2021 Plan Commission meeting. The chairman read the following statement into the record. Until further notice, meetings of the Skokie Plan Commission will be electronically, with a majority of members participating via remote access in order to comply with the State of Illinois Gubernatorial Disaster Proclamation. Members of the public who wish to comment as to an item on the published legal notice must submit their statement or question in writing to Steve Marciani at steve.marciani@skokie.org and all properly submitted statements or questions will be presented and read during the relevant portion of the meeting. Written comments also may be submitted by email to citizencomments@skokie.org ; by mail to Village of Skokie, Attn: Matt Brandmeyer, Ex Officio Plan Commissioner, 5127 Oakton Street, Skokie, IL 60077; or via the Village’s drop box (no later than noon the day of the meeting) located by the public entry to Village Hall. The chairman called the roll to confirm a quorum. Currently there are two vacancies on the commission. Six commissioners were present. Case Descriptions: 2021-18P – Alley Vacation: alley between 8057 Niles Center Road and 8052 Elmwood Avenue Haben Properties, LLC, is requesting a vacation of the alley between 8057 Niles Center Road and 8052 Elmwood Avenue in a CX Core Mixed-Use district. Discussion and Interested Parties Legal notice was advertised, posted, and delivered to property owners in the area as prescribed by the Zoning Chapter. Corporation Counsel determined that notice was proper and correct. Mr. John Haben, presented the case. A graphic was shown depicting the portion of the existing alley that is the subject of the request. The northern & southern portions of the alley have already been vacated and are owned by Haben Properties and John Haben. Staff requested that the report be entered into the record as presented. This portion of alley is not touching any right-of-way. A commissioner asked how the alley is currently being used. Staff answered that it doesn’t looks like an alley; it is paved and looks like a driveway in the funeral home’s parking lot. It is used for funeral home vehicles and the Village’s garbage & recycling trucks. There were questions from the public wanting clarifications that this vacation will not affect the cemetery or access to Warren Street. Staff responded to each stating that VOSDOCS-#589347-v1-Master_Plan_Commission_Report_for_2021- 18P__alley_vacation_between_8057_Niles_Center_and_8052_Elmwood.docx 7 of 8  Return to 2021-18P the alley portion is surrounded by private property all owned by a single entity. In closing, Mr. Haben agrees with the staff report and has nothing further to add. Recommendations and Voting Case 2021-18P – Alley Vacation: alley between 8057 Niles Center Road and 8052 Elmwood Avenue A motion was made to approve the vacation of the alley between 8057 Niles Center Road and 8052 Elmwood Avenue in a CX Core Mixed-Use district. Motion: Mitchell Second: Mathee Absent: Burman Ayes: 6 Nays: 0 VOSDOCS-#589347-v1-Master_Plan_Commission_Report_for_2021- 18P__alley_vacation_between_8057_Niles_Center_and_8052_Elmwood.docx 8 of 8 Return to 2021-18P  Plan Commission Case 2021-18P - Aerial Map Return to 2021-18P Legend 0 300 600 Print Date: 5/5/2021 Notes ft Disclaimer: The GIS Consortium and MGP Inc. are not liable for any use, misuse, modification or disclosure of any map provided under applicable law. This map is for general information purposes only. Although the information is believed to be generally accurate, errors may exist and the user should independently confirm for accuracy. The map does not constitute a regulatory determination and is not a base for engineering design. A Registered Land Surveyor should be consulted to determine precise location boundaries on the ground.