MONDAY, JULY 18, :00 P.M.

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1 MONDAY, JULY 18, :00 P.M. 1. Pledge of Allegiance led by Village Clerk Marlene Williams. 2. Call meeting to order and roll call. 3. Approve Consent Agenda. * 4. Approve, as submitted, minutes of regular meeting held July 5, * 5. Approve Voucher List #5-FY12 of July 18, * 6. Proclamations and Resolutions. A. Proclamations: Save-A-Pet August Recognition, Presentations and Awards. 8. Appointments, Reappointments and Resignations. A. Swearing in of Alfredo J. Lopez as Deputy Chief; Michael L. Pechter as Deputy Chief; Michael W. Krupnik as Commander; Terence P. Shiel as Commander; and Paul P. Weinman as Commander by Village Clerk Marlene Williams. * B. Reappointments: Human Relations Commission (Three-Year Term): Karen Lise Sherman Plan Commission (Four-Year Term): George Mitchell 9. Report of the Village Manager. A. Downtown Oakton Street Station Amendment to the Intergovernmental Agreement (IGA). * B. Purchase of FY12 Public Works Vehicles Cumberland Service Center Inc., Arlington Heights, IL McCann Industries, Bolingbrook, IL Currie Motors Inc., Frankfort, IL - $380, * C. Proprietary Purchase of ECG Monitor/Defibrillator/Pacer Zoll Medical Corporation, Chelmsford, MA - $25, * D. Mobile Data Computers & Video Systems CDS Office Technologies, Naperville, IL - $373, Report of the Corporation Counsel. CONSENT * A. An ordinance amending Chapter 10 of the Skokie Village Code pertaining to the retail sale and regulation of alcoholic liquor in the Village of Skokie. This item is on the consent agenda for second reading and adoption. * B. An ordinance granting a special use permit to allow outdoor dining at 4010 Main Street, Skokie, Illinois in a B1 Service Commercial district (2011-8P). This item is on the consent agenda for second reading and adoption. * C. An ordinance granting a zoning variance to allow the erection of a monopole antenna at 9050 Gross Point Road, Skokie, Illinois in an M2 Light Industry district ( Z). This item is on the consent agenda for second reading and adoption. D. Request for an executive session in accordance with paragraph 2(c)(11) of the Illinois Open Meetings Act pertaining to the review and discussion of pending litigation. 11. Unfinished Business

2 12. New Business. 13. Plan Commission. A. Plan Commission Case P Alley Vacation Bounded by Golf Road, Drake Avenue, Central Park Avenue, and Emerson Street B. Plan Commission Case P Street Vacation: Emerson Street south of 9400 Ewing 14. Citizen Comments. 15. Adjournment

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6 WHEREAS, Mrs. Gertrude Maxwell, formerly of Highland Park, now residing in Palm Beach, Florida, is the President and founder of SAVE-A-PET INC; and WHEREAS, the Village of Skokie was the first suburb to grant financial assistance to SAVE-A-PET; and WHEREAS, SAVE-A-PET, located in Palatine, Illinois, was formed to save animals from extermination and to place strays for adoption; and WHEREAS, August 2, 2011, SAVE-A-PET will celebrate its 40 th Anniversary. NOW, THEREFORE,the Mayor and Board of Trustees of the Village of Skokie, in recognition of these humane principles for which SAVE-A-PET was created, and recognizing the dedication and affirmative action displayed by SAVE-A-PET to the needless destruction of helpless animals, and in further recognition of the fact that many of our Skokie citizens have had their pets returned to them as a result of the SAVE-A-PET Program, do hereby proclaim the month of August as "SAVE-A-PET MONTH" and urge all of our citizens to recognize and support the program. Dated this 18 th day of July 2011 George Van Dusen Mayor Marlene Williams, Village Clerk 1381

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11 JPH: *7/18/11 Manager s Report THIS RESOLUTION MAY BE CITED AS VILLAGE RESOLUTION 11-7-R- A RESOLUTION APPROVING AND AUTHORIZING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT FOR THE DEVELOPMENT OF A TRANSIT STATION WITHIN THE CHICAGO TRANSIT AUTHORITY/COMED YELLOW LINE RIGHT OF WAY WHEREAS, Article VII, Section 10, of the Constitution of the State of Illinois provides that units of local government may contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function, in any manner not prohibited by law; and WHEREAS, the Intergovernmental Cooperation Act provides that any powers, privileges, functions, or authority exercised or which may be exercised by a public agency may be exercised, combined, transferred, and enjoyed enter into agreements in furtherance of powers granted to them, 5 ILCS 220/1 et seq.; and WHEREAS, the Village of Skokie (the Village ) and the Chicago Transit Authority (the CTA ) (collectively the Parties ) are units of local government and public agencies, and as such, have the authority to enter into this agreement; and WHEREAS, the Parties have previously entered into the Intergovernmental Agreement for the Development of a Transit Station within the Chicago Transit Authority/ComEd Yellow Line Right of Way (the IGA ), dated September 15, 2010, whereby the Village will construct the station and then the CTA will take ownership; and WHEREAS, the Parties have since agreed that it is advantageous for the CTA to provide certain parts of the fare collection equipment available to the CTA, thereby relieving the Village of the need to purchase all of the fare collection equipment at a higher amount. The CTA will deliver all of the fare collection equipment to the Village and the Village will install it. The Village will reimburse the CTA in the amount of $306,217, saving the Village approximately $171,617; and WHEREAS, the arrangement in relation to the fare collection equipment is set forth in an amendment to the IGA, as detailed in the Amendment to Intergovernmental Agreement for the Development of a Transit Station within the Chicago Transit Authority/ComEd Yellow Line Right of Way, a copy of which is attached hereto as Exhibit 1 ; and WHEREAS, the Village Manager recommended to the Mayor and Board of Trustees that the Amendment to Intergovernmental Agreement for the Development of a Transit Station within the Chicago Transit Authority/ComEd Yellow Line Right of Way, be approved substantially in the form attached hereto and marked as Exhibit 1, subject to changes approved by the Village Manager or designee and the Corporation Counsel of the Village of Skokie; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Skokie, Cook County, Illinois that the Amendment to Intergovernmental Agreement for the Development of a Transit Station within the Chicago Transit Authority/ComEd Yellow Line Right of Page 1 of 2 VOSDOCS-# v1-Resolution Amendment_to_Intergovernmental_Agreement_with_CTA Development_of_Transit_Station

12 Way, a copy of which is attached hereto and marked Exhibit 1, or subject to changes approved by the Corporation Counsel and Village Manager or designee, be and the same is hereby approved. BE IT FURTHER RESOLVED by the Mayor and Board of Trustees of the Village of Skokie, Cook County, Illinois that the Village Manager is hereby authorized to execute the Amendment to Intergovernmental Agreement for the Development of a Transit Station within the Chicago Transit Authority/ComEd Yellow Line Right of Way, a copy of which is attached hereto and marked Exhibit 1, subject to changes approved by the Corporation Counsel and Village Manager or designee. PASSED this day of July, Ayes: Nays: Village Clerk Absent: Approved by me this day of Attest: July, Village Clerk Mayor, Village of Skokie Page 2 of 2 VOSDOCS-# v1-Resolution Amendment_to_Intergovernmental_Agreement_with_CTA Development_of_Transit_Station

13 Exhibit 1 AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR THE DEVELOPMENT OF A TRANSIT STATION WITHIN THE CHICAGO TRANSIT AUTHORITY/COMED YELLOW LINE RIGHT OF WAY This Amendment to Intergovernmental Agreement is entered into this day of, 2011, by and between the Village of Skokie, an Illinois municipal corporation (hereinafter the Village ), and the Chicago Transit Authority, an Illinois municipal corporation (hereinafter the CTA ) (both corporations hereinafter referred to as Parties ). WITNESSETH: WHEREAS, the Village and CTA are parties to that certain Intergovernmental Agreement for the Development of a Transit Station within the Chicago Transit Authority/ComEd Yellow line Right of Way (the "IGA") dated as of September 15, 2010; and WHEREAS, the Village and CTA have agreed to amend the IGA on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the promises, provisions and conditions stated hereinafter, the receipt and sufficiency being hereby acknowledged, the parties agree to the following: 1. Incorporation; Definitions. The above stated recitals are material and are restated and incorporated herein as if stated in full. Capitalized terms used in this amendment without definition shall have the meanings assigned such terms in the IGA. 2. Amendment to IGA. The IGA is amended to add the following language to paragraph 3 of the IGA, entitled "Possession of Station" at the end thereof: "In addition to the other rights and obligations identified in this agreement, CTA agrees to supply to the Village for installation at the Station the fare collection equipment identified as "CTA SUPPLIED" and described on Exhibit "A" to this amendment. The Village agrees to reimburse CTA for such fare collection equipment, in the amount of $306,217, such reimbursement to be due and payable upon delivery by CTA of such fare collection equipment to the site of the Station. CTA shall at all times retain title to such fare collection equipment. CTA further agrees not to withhold written final acceptance of the construction work at the Station by reason of a defect in the CTA-supplied fare collection equipment, which defect existed at the time CTA delivered such fare collection equipment to the site of the Station." 3. Authorization. This amendment has been approved by the corporate authorities of the Parties. The persons executing this amendment are authorized to execute it and thereby bind their respective party. 4. Amendments. This amendment may only be amended or modified by a written instrument signed by both parties. -1-

14 In witness whereof, the Parties have caused this amendment to be executed by their duly authorized and proper officers as of the date first written above. Village of Skokie Chicago Transit Authority By: Village Manager By: Chairman Attest: Village Clerk Attest: -2-

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25 JPH: 7/5/11 1 st reading *7/18/11 LIQUOR CODE A THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 11-7-C- AN ORDINANCE AMENDING CHAPTER 10 OF THE SKOKIE VILLAGE CODE PERTAINING TO THE RETAIL SALE AND REGULATION OF ALCOHOLIC LIQUOR IN THE VILLAGE OF SKOKIE WHEREAS, Chapter 10 of the Skokie Village Code pertains to the retail sale and regulation of alcoholic liquor in the Village of Skokie; and WHEREAS, in accordance with the Illinois Liquor Control Act and the Skokie Village Code (the Code ), the Mayor is charged with the duties of Local Liquor Control Commissioner and is generally responsible for the regulation of the retail sale of alcoholic liquor; and WHEREAS, in 2005, the Mayor and Board of Trustees adopted Village Ordinance Number 05-5-C-3358, which created Class E licenses, to address a demand for liquor licenses and to promote economic development; and WHEREAS, Class E licenses can only be used for the service of alcohol on the premises of a full or limited service restaurants. Package sales are prohibited. The E licenses were initially assigned to three specific commercial districts; and WHEREAS, in 2009, the Mayor and Board of Trustees adopted Village Ordinance Number 09-4-C-3672, which created a new Class E license district for properties zoned B2 and B3 Business and abutting Dempster Street, in an effort to attempt to attract or retain restaurants. Two Class E licenses, referred to as E4 licenses, were assigned to this new Midtown Commercial Liquor District, and the licenses are currently being utilized; and WHEREAS, the Mayor has previously stated that he will recommend additional licenses in certain areas to foster economic activity; and WHEREAS, in light of the Village s efforts to promote economic activity on West Dempster Street and to support business retention and development on East Dempster Street, the Mayor recommends that the Midtown Commercial Liquor District, be divided into two new distinct districts. The division would be at Kildare Avenue and the new districts would be referred to as the West Midtown Commercial Liquor District, and the East Midtown Commercial Liquor District. Two new Class E licenses would be created for each of the districts; and WHEREAS, the current number and classes of licenses authorized are as follows: 1) Class A ) Class B ) Class C 3 Page 1 of 4 VOSDOCS-# v1-Ordinance Code_Amendment Chapter_10 Liquor_Code Modification

26 ) Class E Dist 1 4 Dist 2 5 Dist 3 3 Dist 4 2 6) Class O - O1 8 O1L 3 O2 1 7) Class P-Right/ P 4; and WHEREAS, the only change in the license structure, referred to in the above recital, will be as follows: 4 licenses for Class E Dist 4, instead of 2, which would be for East Midtown Commercial Liquor District; and 2 licenses for the new Class E Dist 5, which would be for West Midtown Commercial Liquor District; WHEREAS, the Mayor recommended to the Board of Trustees that Chapter 10 of the Skokie Village Code be amended accordingly; and WHEREAS, the Mayor and Board of Trustees at a public meeting duly held on July 5, 2011, concurred in the aforesaid recommendation of the Mayor; and NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Board of Trustees of the Village of Skokie, Cook County, Illinois; Section 1: That Chapter 10, Section and Section of the Skokie Village Code be and the same is hereby amended in the manner hereinafter indicated. The new material is highlighted in bold and the material to be deleted is highlighted and stricken through. Chapter 10 ALCOHOLIC LIQUOR Sec Number of licenses. It is hereby determined that the number of licenses permitting the sale at retail of alcoholic liquor shall be as follows: TABLE INSET: License Class Number of Licenses Not to Exceed A 30 B 1 C 3 E as follows: 148 by district as follows: E1 4 E2 5 E3 3 E4 24 E5 2 O as follows: 12 by district as follows: O1 8 O1L 3 O2 1 P-Right/P 4 Page 2 of 4 VOSDOCS-# v1-Ordinance Code_Amendment Chapter_10 Liquor_Code Modification

27 Sec Classification. (d) Class E license, which shall authorize the retail sale of alcoholic liquor in the following areas of the Village: (i) E1 designations for the North Commercial Liquor District; (ii) E2 designations for the Central Commercial Liquor District; and (iii) E3 designations for the South Commercial Liquor District.; and (iv) E4 designations for the East Midtown Commercial Liquor District on Dempster Street east of Kildare Avenue; and (v) E5 designations for the West Midtown Commercial Liquor District on Dempster Street west of Kildare Avenue. The full description of the Liquor Districts are detailed in Exhibit A, attached to and incorporated into Village Ordinance Number 05-5-C-3358 and depicted on Exhibit A, attached to and incorporated into Village Ordinance Number 09-4-C The sale of alcoholic liquor by a Class E licensee is limited to on-premises consumption. The sale of packaged liquor by a Class E licensee is prohibited. A Class E licensee shall not deliver any alcoholic liquor off-premises and shall not allow alcoholic liquor to be removed from its premises except the unused portion of an opened bottle of wine sealed in an approved container as permitted by State law. A Class E license shall only be issued to a limited service or full service restaurant as defined in the Skokie Village Code. The issuance of a Class E license to a specific address is subject to the zoning classification and requirements within the various districts as outlined in Chapter 118 of the Skokie Village Code. (1) Each Class E license shall only be valid at the address where the licensee's business is located. If a licensee's business is inactive for a period of 15 consecutive days, the license will automatically expire. For the purposes of this Section, the word "inactive" shall mean that the business has ceased operating or is not open to the public. Furthermore, the license shall become null and void as if it were automatically repealed from the Village Code. The Liquor Control Commissioner will notify the licensee in writing stating the license is null and void. Should a license become inactive for 15 days, the Liquor Control Commissioner shall not have the authority to re-issue the license. For the purposes of this Section, a Class E license shall not be deemed to have expired if: (A) the Class E licensee shall have ceased operations for the purposes of remodeling and at least 30 days prior to the cessation of operations, has filed a remodeling plan with the Local Liquor Control Commissioner. Based upon the extent of remodeling, the Local Liquor Control Commissioner shall establish a deadline for the completion of the planned remodeling; or (B) the Class E licensee's business is closed due to an act of God. Based upon such circumstances, the Local Liquor Control Commissioner shall establish a reasonable time for the re-opening of the business. Page 3 of 4 VOSDOCS-# v1-Ordinance Code_Amendment Chapter_10 Liquor_Code Modification

28 (2) The existence of the fourfive Commercial Liquor Districts, and the corresponding Class E license, does not preclude the use of any other license or the operation of any other business by a liquor licensee holding a license of another class in such districts. (3) The Liquor Control Commissioner shall promulgate a set of rules detailing the timetable and procedures for initial issuance of the Class E licenses. Should the number of qualified applicants exceed the number of available licenses, the Liquor Control Commissioner shall conduct a lottery to determine the recipients. Section 2: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. ADOPTED this day of July, Ayes: Nays: Absent: Attested and filed in my office this day of July, 2011; and published in pamphlet form according to law from July, 2011 to July, Village Clerk Approved by me this July, Mayor, Village of Skokie day of Village Clerk Page 4 of 4 VOSDOCS-# v1-Ordinance Code_Amendment Chapter_10 Liquor_Code Modification

29 JPH: *7/18/11 PC: P SUP: THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 11-7-Z- B AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW OUTDOOR DINING AT 4010 MAIN STREET, SKOKIE, ILLINOIS IN A B1 SERVICE COMMERCIAL DISTRICT WHEREAS, the owner of the following described real property: LOT 6 AND THE EAST 0.06 FEET OF LOT 5 IN BLOCK 4 IN ARTHUR MICHEL S CRAWFORD MAIN SUBDIVISION OF THE SOUTH 10 ACRES OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 25, 1925 AS DOCUMENT NUMBER , IN COOK COUNTY, ILLINOIS. PIN: more commonly described as Main Street, Skokie, Illinois (the Subject Property ), petitioned the Village of Skokie for a special use permit to allow outdoor dining by its tenant, Luigi Pizzeria and Eatery, at the 4010 Main Street (the Subject Site ), in a B1 Service Commercial district; and WHEREAS, the proposed outdoor dining will be located on the existing concrete-paved area (the Patio ) located in front of the tenant, on the Subject Site. There will be three 6.00 foot long x 4.75 foot wide picnic tables, with seating for 6 to 8 people each; and WHEREAS, the Patio would be enclosed on the east, south, and west sides by a fence. Large planters will be installed along the east side of the Patio. The planters would be spaced to deter vehicles from entering the Patio; and WHEREAS, the Patio would alleviate an ongoing problem of vehicles accessing the area from the parking lot to the east and illegally parking or driving across the concrete; and WHEREAS, the hours of operation for the outdoor dining will be from 11:30 a.m. to 10:00 p.m. daily, but in no case later than the hours of operation of the tenant on the Subject Site; and WHEREAS, at a public hearing of the Skokie Plan Commission, duly held on May 19, 2011, for which proper legal notice had been achieved and no interested parties appeared, the Skokie Plan Commission (a) made the appropriate findings of fact as required under Section of the Skokie Village Code and (b) voted to recommend to the Mayor and Board of Trustees that the requested special use permit be granted subject to the conditions contained in the Plan Commission Report dated June 20, 2011; and Page 1 of 3 VOSDOCS-# v1-Ordinance P SUP Outdoor_Dining Luigi_Pizzeria 4010_Main

30 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on June 20, 2011, concurred in the aforesaid recommendations and findings of fact of the Skokie Plan Commission; NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Skokie, Cook County, Illinois: Section 1: That the special use permit requested by the petitioner to allow outdoor dining at the Subject Site, described above and commonly known as 4010 Main Street, Skokie, Illinois, in a B1 Service Commercial district be and the same is hereby granted and approved subject to each of the conditions set forth below: 1. The petitioner shall develop the Subject Site in substantial compliance with the revised Luigi Pizzeria Outdoor Dining Plan, dated May 26, 2011; 2. Prior to the issuance of an occupancy permit for the outdoor dining area, the following site improvements must be made to the Subject Site: A. Patch all broken concrete sidewalk squares within the area where the outdoor dining patio will be located; B. Remove the illegal business signage attached to the trash enclosure and the east side of the roof above the front of the business at 4008 Main Street; C. Install a bicycle rack within the concrete-paved area to the east of the outdoor dining patio. The bicycle rack shall be installed in compliance with Section of the Skokie Village Code; D. Install three large planters along the east property line so as to prevent vehicles from accessing the property from the parking lot to the east. The planters shall be spaced close enough and substantial enough to deter vehicles from driving into the area while enabling pedestrians to pass between them. Any vegetation that is to be planted within the planters shall be reviewed and approved by Village staff prior to its installation; 3. The business and outdoor dining patio shall be operated in compliance with Section , Food establishments and food services requirements, of the Skokie Village Code; 4. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage, landscaping, structures, and any other facilities or infrastructure on the Subject Property shall be maintained in a good state of repair, and when needed, be repaired or replaced in a timely manner; 5. Music and sound from loudspeaker systems shall not be heard from outside of any structure; 6. All existing damaged public sidewalks or sidewalks damaged due to the implementation of this plan shall be replaced; 7. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects that may impede travel; 8. Prior to the issuance of building permits, the petitioner shall submit to the Planning Division of the Community Development Department the name, address, and telephone Page 2 of 3 VOSDOCS-# v1-Ordinance P SUP Outdoor_Dining Luigi_Pizzeria 4010_Main

31 number of the company and contact person responsible for site maintenance in compliance with the special use permit; 9. If work is to be performed on public property or if public property is utilized or impacted during construction and/or development, the owner shall provide, or shall cause the developer and/or contractor to provide, the Village of Skokie with a certificate of insurance naming the Village of Skokie as additionally insured for any and all claims related to any and all work. The owner shall hold, and shall cause the developer and/or contractor to hold, the Village of Skokie harmless and indemnify the Village for any and all claims for property damage or personal injury related to work on or use of public property; 10. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations; 11. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to initiate hearings to determine whether the subject Ordinance, as well as any applicable business licenses, should be revised or revoked; and 12. The petitioner shall pay all costs related to any hearings conducted as a result of noncompliance with any of the provisions of the enabling ordinance. The costs shall include but not be limited to court reporter fees, attorney fees, and staff time required researching and conducting said hearing. Section 2: That a notice of the approval of this Ordinance incorporating the conditions contained herein shall be executed by the owner of the property in writing and duly recorded with the Cook County Recorder of Deeds Office at the owner s expense. Section 3: That this Ordinance shall be in full force and effect from and after its passage, approval and recordation as provided by law. ADOPTED this day of July, Village Clerk Ayes: Nays: Absent: Approved by me this day of Attested and filed in my July, office this day of July, Mayor, Village of Skokie Village Clerk Page 3 of 3 VOSDOCS-# v1-Ordinance P SUP Outdoor_Dining Luigi_Pizzeria 4010_Main

32 JPH: *7/18/11 ZBA: Z THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 11-7-Z- C AN ORDINANCE GRANTING A ZONING VARIANCE TO ALLOW THE ERECTION OF A MONOPOLE ANTENNA AT 9050 GROSS POINT ROAD, SKOKIE, ILLINOIS IN AN M2 LIGHT INDUSTRY DISTRICT WHEREAS, Village of Skokie (hereinafter the Village ), the owner of the following described real property: THAT PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 1 IN GROSS POINT CONSOLIDATION OF PART OF SAID WEST HALF, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 18, 2002, AS DOCUMENT NUMBER ; THENCE NORTH WEST, ALONG THE WEST LINE OF SAID LOT, FEET, MORE OR LESS, TO A POINT ON THE WESTERLY EXTENSION OF THE SOUTH EDGE OF A CONCRETE WALL; THENCE NORTH EAST, ALONG SAID EXTENSION, 1.43 FEET TO A POINT OF BEGINNING AT THE SOUTHWEST CORNER OF SAID WALL; THENCE SOUTH EAST, PERPENDICULAR TO THE LAST DESCRIBED COURSE FEET; THENCE NORTH EAST FEET; THENCE NORTH EAST 82.5 FEET TO A POINT ON THE EASTERLY EXTENSION OF SAID SOUTH EDGE, SAID POINT BEING FEET EAST OF THE POINT OF BEGINNING, AS MEASURED ALONG SAID SOUTH EDGE; THENCE SOUTH WEST, ALONG SAID EXTENSION AND SOUTH EDGE, FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. PIN: (CONTAINING 2,080 SQUARE FEET THEREIN) more commonly described as 9050 Gross Point Road, Skokie, Illinois ( Subject Property ), petitioned the Zoning Board of Appeals (the ZBA ) for the Village for a variance to allow the erection of a 200-foot high monopole and antenna structure for use by the Village for its public safety antennas and AT&T for its cellular communications antennas, instead of the 70-foot tall maximum height allowed by Chapter 118, Sections (7) and (1), of the Skokie Village Code; and WHEREAS, the measurements of the Subject Property are 36 feet on the north, 82.5 feet on the east, 16 feet on the south and 80 feet on the west, and the Subject Property is depicted on the Enlarged Site Plan and Site Plan, both dated May 3, 2011, copies of such are attached hereto as Exhibits 1 and 2, respectively; and WHEREAS, the appearance of the monopole structure was reviewed by the Appearance Commission for the Village and granted a Certificate of Appropriateness at the Commission s may 11, 2011, meeting; and WHEREAS, the monopole and antennas will replace the existing 150-foot high antennas located at the former location of the Skokie Police Department. The 50 foot height increase, for the Page 1 of 2 VOSDOCS-# v1-Ordinance Z Variance Cellular_Antennas_&_Monopole 9050_Gross_Point_Rd_

33 proposed monopole and antennas, is required to ensure Village wide coverage due to the fact that it is located further north and east of the existing antennas; and WHEREAS, the proposed monopole and antennas meet all Federal guidelines including FAA and FCC; and WHEREAS, at a public hearing of the ZBA, duly held on June 1, 2011, for which proper legal notice had been achieved and no interested parties appeared, the ZBA made appropriate findings of fact as required under Section of the Skokie Village Code and voted to recommend to the Mayor and Board of Trustees that the requested variation be granted; and WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on June 20, 2011, concurred in the aforesaid recommendations and findings of fact of the Zoning Board of Appeals for the Village of Skokie; NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Skokie, Cook County, Illinois: Section 1: That the variance requested by the petitioner to construct a 200-foot high monopole and antenna structure instead of the 70-foot maximum height allowed by Chapter 118, Sections (7) and (1) in an M2 Light Industry district, on the Subject Property, legally described above and commonly known, as 9050 Gross Point Road, Skokie, Illinois, be and the same is hereby granted and approved. Section 2: That this Ordinance shall be recorded against the Subject Property legally described above and commonly known as 9050 Gross Point Road, Skokie, Illinois, and shall be considered, and have the same force and effect, as a covenant running with the land. Section 3: That a notice of approval of this Ordinance incorporating the conditions contained herein shall be executed by the owner of the property in writing and duly recorded with the Cook County Recorder of Deeds Office at the owner s expense. Section 4: That this Ordinance shall be in full force and effect from and after its passage, approval and recordation as provided by law. ADOPTED this day of July Village Clerk Ayes: Nays: Absent: Approved by me this day of Attested and filed in my July office this day of July Mayor, Village of Skokie Village Clerk Page 2 of 2 VOSDOCS-# v1-Ordinance Z Variance Cellular_Antennas_&_Monopole 9050_Gross_Point_Rd_

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36 PLAN COMMISSION REPORT P: Alley Vacation Plan Commission Council Chambers, 8:00 PM, July 18, 2011 To: From: Case: Mayor and Board of Trustees Paul Luke, Chairman P: Alley Vacation The north-south and east-west alleys in the 9500 block between Drake Avenue and Central Park Avenue PLAN COMMISSION ANALYSIS At its June 16, 2011 meeting, the Plan Commission heard a request from the Village of Skokie to vacate the unimproved north-south and east-west alleys in the 9500 block between Drake Avenue and Central Park Avenue. Although the Village of Niles Center approved the vacation of these alleys in 1935 and the vacation ordinance was recorded at Cook County in 1943, there is no evidence that a plat of vacation was recorded. The County s tax maps still indicate that these alleys are dedicated rights-of-way. While researching titles to the properties that were adjacent to the alleys, staff discovered that 4 of the properties had the vacated east-west alley mentioned within their legal descriptions. Staff also found that the east-west alley, which was originally divided down the middle, was redivided after 1943 by quit-claim deeds between the properties at 9539 Central Park Avenue, 9555 Central Park Avenue, and 3545 Golf Road. Due to the extended length of time that had passed since the Board of Trustees approved the vacation of these alleys, Staff felt that the case needed to be reheard. Staff recommended that the east-west alley be divided in a manner that respected each of the existing legal descriptions of the adjacent properties. For those properties where no mention of a vacated alley existed, the east-west and north-south alleys would be divided down the middle. Re-vacating the alleys would enable Cook County to correct its tax maps and allow those properties that did not already identify the alley as being a part of their property to include the vacated alley in their titles once the new ordinance and plat were recorded. A utility easement over the entire right-of-way would remain so that utility companies can maintain their existing facilities. The Plan Commission concurred with Staff s recommendation to vacate the alleys. INTERESTED PARTIES Legal notice was properly posted, advertised and delivered to property owners in the area of the subject site as prescribed by the zoning chapter. No interested parties spoke regarding the alley vacations. # Master Plan Commission Report P: Alley Vacation Bounded by Golf Road, Drake Avenue, Emerson Street, and Central Park Avenue 1 of 7

37 PLAN COMMISSION RECOMMENDATIONS AND VOTING The Plan Commission recommends by a vote of 8 ayes and 0 nays, with 1 member absent, that the petitioner s request to vacate the north-south and east-west alleys in the 9500 block between Drake Avenue and Central Park Avenue be APPROVED, subject to recommended conditions as amended. ATTENDANCE AYES NAYS ABSENT Marek X O Donnell X Stasica (Second) X Gray-Keeler X Carandang X Laxpati X Paradise (Moved) X Mitchell X Luke X ATTACHMENTS 1. Plan Commission Recommended Conditions for P 2. Staff Report for P 3. Plat of Vacation, revised January 5, Land Use and Zoning Map 5. Plan Commission Meeting Minutes for February 17, 2011 # Master Plan Commission Report P: Alley Vacation Bounded by Golf Road, Drake Avenue, Emerson Street, and Central Park Avenue 2 of 7

38 PLAN COMMISSION RECOMMENDED CONDITIONS P: Alley Vacation Skokie Plan Commission Council Chambers, 8:00 PM, July 18, The property shall be vacated pursuant to the Plat of Vacation dated May 13, 2011, revised June 7, 2011, and as may be further revised with the approval of the Village Manager, or designee, and Corporation Counsel. 2. The existing residence at 9539 Central Park Avenue is permitted to continue encroach onto the easement; however, no future additions to this residence shall be built within the easement. If the existing residence at 9539 Central Park is torn down in the future, the new residence shall not be permitted to be constructed within the easement. 3. Easements shall be reserved for all Village and Village franchised public utilities over the entire area to be vacated. A permanent public drainage easement shall be maintained in the vacated alley. 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. Other than a fence, no structures or trees shall be constructed or planted within the easement area. 6. 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. # Master Plan Commission Report P: Alley Vacation Bounded by Golf Road, Drake Avenue, Emerson Street, and Central Park Avenue 3 of 7

39 STAFF REPORT P: Alley Vacation Community Development Department Council Chambers, 7:30 PM, June 16, 2011 To: From: Re: Paul Luke, Chairman, Skokie Plan Commission Mike Voitik, Planning Technician Alley vacation bounded by Golf Road, Drake Avenue, Emerson Street, and Central Park Avenue General Information Location Purpose Petitioner Size of Site Existing Zoning & Land Use Unimproved alleys, as follows: The north-south and east-west alleys in the 9500 block between Drake Avenue and Central Park Avenue. To vacate approximately linear feet of unimproved public alleys. Village of Skokie The alleys are approximately feet in length and 16 feet in width. The area of the alleys is approximately acres (7, s.f.). R1 Single-Family residential, unimproved and unopened public right-of-way. Adjacent Zoning & Land Use North South East West R1 Single-Family residential detached residences R1 Single-Family residential detached residences R1 Single-Family residential detached residences R1 Single-Family residential detached residences Comprehensive Plan The alleys are designated as single family detached residential STAFF ANALYSIS The Village of Skokie is requesting to vacate the unimproved north-south and east-west alleys in the 9500 block between Drake Avenue and Central Park Avenue. Staff discovered that the Village of Niles Center s Board of Trustees originally approved the vacation of both alleys in Although the alley vacation ordinance was recorded by Cook County in 1943, there is no evidence that an accompanying plat of vacation was recorded. At some point in the past, a portion of the residence at 9539 Central Park Avenue was constructed within the south half of the east-west alley even though Cook County tax maps still indicate the land as being public right-of-way. # Master Plan Commission Report P: Alley Vacation Bounded by Golf Road, Drake Avenue, Emerson Street, and Central Park Avenue 4 of 7

40 Staff has researched titles to the properties that are adjacent to the alley and discovered that 4 of the properties have the vacated east-west alley mentioned within their legal descriptions. Staff also found that the east-west alley, which was originally divided down the middle, was redivided after 1943 by quit-claim deeds between the properties at 9539 Central Park Avenue, 9555 Central Park Avenue, and 3545 Golf Road. Due to the extended length of time that has passed since the Board of Trustees approved the vacation of these alleys, Staff feels that the case needs to be reheard. Staff recommends that the east-west alley be divided in a manner that respects each of the existing legal descriptions of the adjacent properties. For those properties where no mention of a vacated alley exists, the east-west and north-south alleys shall be divided down the middle. Re-vacating the alleys will enable Cook County to correct its tax maps and allow those properties that do not already identify the alley as being a part of their property to include the vacated alley in their titles once the new ordinance and plat are recorded. The alleys are part of the Community Development Department s continuing program which vacates unopened and unimproved residential alleys in the Village that are unnecessary for Village transportation and access needs. Staff Comment and Review sheets were sent to all pertinent departments. In addition to the Planning Division comments, staff comments were received from the Engineering Division. All other departments either had no comment or were in favor of the proposed vacation. Engineering Division The Engineering Division approves the vacation of the alleys. A small portion of the driveway leading to the garage at 9539 Central Park Avenue will fall within the neighboring property at 9555 Central Park Avenue once the east-west alley is vacated. Initially, the Engineering Division requested that the property owner at 9539 either make modifications to the driveway so that the driveway would no longer encroach upon the 9555 property or the two property owners would need to submit a letter of agreement allowing the driveway to continue to encroach upon the 9555 property. Subsequent to researching the history of the alleys, staff recommends that no action be taken regarding the encroachment of the driveway at 9539 Central Park Avenue. Staff noted that a disclosure stating the encroachment of this driveway exists in the title policy for the property at 9555 Central Park Avenue. Staff feels that this is sufficient enough of a notice to the 9555 Central Park property owner to not require any further action regarding the matter of the encroachment. Public Works will remove the existing alley return at Drake Avenue and will install new sidewalk, sod, raised curb, and gutter in its place. # Master Plan Commission Report P: Alley Vacation Bounded by Golf Road, Drake Avenue, Emerson Street, and Central Park Avenue 5 of 7

41 Forestry Division The Forestry Division approves the vacation of the alleys. The Forestry Division initially comments that there are several Emerald Ash Borer-infested trees that would need to be removed from the alleys by the Village prior to the recording of the alley vacations. Upon researching the history of the alleys, staff has determined that the ash trees currently fall within private property because the alleys have been technically vacated. The property owners shall bear full responsibility for maintaining or removing any of the infested ash trees. Planning Division The Planning Division staff supports the proposed alley vacations. There are many similar unopened and unused alleys within the Village. These particular alleys were dedicated along with the original subdivision in 1929 but not improved when the homes were constructed. Although they are still Village property and may contain utilities, the Village has no intent to open or pave the alleys. Thus, the Village requests to vacate these alleys and return the property to the adjacent property owners. It is, therefore, in the best interest of residents and the Village to have the alleys vacated at no cost to the adjacent property owners. A utility easement over the entire right-of-way will remain so that utility companies can maintain their existing facilities. The approximate boundaries of the alleys in the subject case have been marked with pink wooden stakes along Drake Avenue and Central Park Avenue. Once the alleys are vacated, the adjacent property owners will be sent a copy of the Plat of Vacation. When the property owners sell their property, their surveyor will prepare a new Plat of Survey indicating the additional land that has been added to the property. Residents may use the additional land as they would any other part of their property, with the exception that structures other than fences may not be constructed in the easement area, and this space must always be maintained for unobstructed drainage. The existing residence at 9539 Central Park Avenue is permitted to continue to encroach onto the easement; however, no future additions to this residence shall be built within the easement. If the existing residence at 9539 Central Park is torn down in the future, the new residence shall not be permitted to be constructed within the easement. Chapter 5 of the Comprehensive Plan supports the vacation of these alleys which represent group number 16 of the 133 alley groups identified for vacation in the Alley Plan. To date, 97 of the 133 alley groups identified have been vacated. # Master Plan Commission Report P: Alley Vacation Bounded by Golf Road, Drake Avenue, Emerson Street, and Central Park Avenue 6 of 7

42 STAFF RECOMMENDATIONS Staff recommends that the proposed alley vacation be GRANTED subject to the following conditions: 1. The property shall be vacated pursuant to the Plat of Vacation dated May 13, 2011, revised June , and as may be further revised with the approval of the Village Manager, or designee, and Corporation Counsel. 2. The existing residence at 9539 Central Park Avenue is permitted to continue encroach onto the easement; however, no future additions to this residence shall be built within the easement. If the existing residence at 9539 Central Park is torn down in the future, the new residence shall not be permitted to be constructed within the easement. 3. Easements shall be reserved for all Village and Village franchised public utilities over the entire area to be vacated. A permanent public drainage easement shall be maintained in the vacated alley. 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. Other than a fence, no structures or trees shall be constructed or planted within the easement area. 6. 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. ATTACHMENTS 1. Site Photos 2. Memorandum from Engineering Division, dated May 13, Plat of Vacation, revised June Land Use and Zoning Map # Master Plan Commission Report P: Alley Vacation Bounded by Golf Road, Drake Avenue, Emerson Street, and Central Park Avenue 7 of 7

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45 Plan Commission Meeting Minutes Date: June 16, 2011 A motion to approve the minutes of the June 2, 2011 meeting was made by Plan Commissioner Mitchell and seconded by Plan Commissioner Laxpati. All voted aye. Case Description P Alley Vacation: Bounded by Golf Road, Drake Avenue, Central Park Avenue, and Emerson Street The Village of Skokie is requesting to vacate the following unimproved public alleys in an area bounded by Golf Road on the north, Drake Avenue on the east, Emerson Street on the south, and Central Park Avenue on the west: The north-south and east-west alleys in the 9500 block between Drake Avenue and Central Park Avenue. Discussion and Interested Parties Legal notice was properly posted, advertised, and delivered to all property owners in the area of the subject site, as prescribed by the Zoning Chapter. Mike Voitik, Village of Skokie Planning Technician presented the case. As there were no interested parties in the audience, one Plan Commissioner suggested that the staff report be accepted into the record with the main points explained. In 1935 an ordinance was recorded by the Village of Skokie approving the vacation of these alleys, however, there is no evidence that the plat of vacation was ever recorded. In reviewing property titles, it was discovered that in 1943, 3 properties on Central Park Avenue and one on Golf Road were re-divided by quit-claim deeds stating that additional land was added on to their properties. Staff recommends that the east-west alley be divided based on the legal descriptions of the adjacent properties. Drake Avenue property owners do not show that the alley was ever vacated. Therefore, for the properties adjacent to the east-west & north-south alleys that do not mention the existence of the vacated alley, the land will be divided down the middle. As stated in the title policy of 9555 Central Park Avenue, an encroachment exists by the driveway of 9539 Central Park Avenue. As long as the property owners are aware of it, the Village sees no reason to change anything. Recommendation and Voting Based on positive findings of fact, the Plan Commission moved to grant approval for the vacation of the unimproved north-south and east-west public alleys in the 9500 block between Drake Avenue and Central Park Avenue. The vote was 8 ayes and 0 nays with 1 absence. Motion: Paradise Second: Stasica Absent: Carandang Ayes: 8 Nays: Case P

46 PLAN COMMISSION REPORT P: Street Vacation Plan Commission Council Chambers, 8:00 PM, July 18, 2011 To: From: Case: Mayor and Board of Trustees Paul Luke, Chairman P: Street Vacation Approximately 18-foot-wide by 139-foot-long portion of Emerson Street south of and adjacent to 9400 Ewing Avenue PLAN COMMISSION ANALYSIS At its June 2, 2011 meeting, the Plan Commission heard a request from Matthew Borden and Beatriz Gomez to vacate an approximately 18-foot-wide by 139-foot-long portion of Emerson Street south of and adjacent to 9400 Ewing Avenue in an R1 Single- Family District. At the present time, the portion of right-of-way requested to be vacated is not in use as a public street and consists of a parkway containing grass, trees, bushes, and a remnant portion of an alley apron leading to a vacated alley. Emerson Street to the south of the subject site is improved but dead-ends approximately 139 feet west of Ewing Avenue. A privately-maintained pedestrian path runs through the section of Emerson that was vacated in 1968 and terminates at the paved portion of Emerson to the south of the subject site. No public sidewalk is present within the subject site or in the parkway to the south of improved Emerson, so pedestrians walk through Emerson until they reach the existing public sidewalks at Ewing. At the present time, an 84-inch sewer main, a 32-inch water main, and an 8- inch water main run through vacated Emerson and into that part of Emerson to the south of the subject site. The Engineering Division initially recommended denial of the requested street vacation due to its desire to keep the land under Village-ownership in order to maintain access to the underground utilities within Emerson Street. Engineering was also concerned that vacating the subject site would prohibit the future installation of a public sidewalk along the north side of the street which would connect to the existing pedestrian path running to the west of the subject site. Subsequent to the drafting of the Engineering Division memo, Engineering, Public Works, and Planning staff met to discuss options for allowing a portion of Emerson to be vacated while also being mindful of the Village s need to have maintenance access to its underground utilities. Staff agreed to modify the petitoners request by reducing the extent of the area to be vacated to a 10-foot-wide by 139-foot-wide portion of Emerson Street south of and adjacent to 9400 Emerson Street. The Plan Commission concurred with Staff s recommendation to grant the request as modified. # Master Plan Commission Report P: Street Vacation: Emerson Street South of 9400 Ewing Avenue 1 of 8

47 INTERESTED PARTIES Legal notice was properly posted, advertised and delivered to property owners in the area of the subject site as prescribed by the zoning chapter. The property owner at 9400 Forestview Road spoke regarding the case and explained that his yard had occupied the west 8 feet of the subject site since the time he moved into his house in He was under the belief that when Emerson Street was vacated to the south of his property in the late 1960 s, the street was vacated to the centerline of the northsouth alley to the east of his property. He inquired as to whether this portion of the subject site could be vacated in his favor because he has been maintaining the area for many years and the land he would receive from the vacation would square off his lot. The petitioner and staff stated that they had no issues with allowing the west 8 feet to be conveyed to the 9400 Forestview property. Staff also stated that the plat of vacation would be modified by the surveyor to indicate that the subject site was being divided between the two properties. In response to a commissioner who asked whether the property owner at 9400 Forestview would incur any costs relating to the vacation, staff replied that resolution of the matter would be the responsibility of the 2 property owners. The petitioner stated that he would not request any compensation for the land. The petitioner asked why land was needed for a public sidewalk in the parkway since the full width of Emerson Street to the west of the subject site had already been vacated, and the remainder of the street existed as a dead-end. Staff reiterated that the intention of reserving land for a public sidewalk was to provide safe passage for pedestrians to access the pedestrian path to the west. PLAN COMMISSION RECOMMENDATIONS AND VOTING The Plan Commission recommends by a vote of 9 ayes and 0 nays, that the petitioners request as modified by the Plan Commission to vacate 10-foot-wide by 139-foot-wide, rather than an 18-foot-wide by 139-foot-wide as originally requested, portion of Emerson Street south of and adjacent to 9400 Emerson Street, be APPROVED, subject to recommended conditions as amended. ATTENDANCE AYES NAYS ABSENT Marek X O Donnell X Stasica (Moved) X Gray-Keeler X Carandang X Laxpati (Second) X Paradise X Mitchell X Luke X # Master Plan Commission Report P: Street Vacation: Emerson Street South of 9400 Ewing Avenue 2 of 8

48 ATTACHMENTS 1. Plan Commission Recommended Conditions for P 2. Staff Report for P 3. Plat of Vacation, revised June 7, Land Use and Zoning Map # Master Plan Commission Report P: Street Vacation: Emerson Street South of 9400 Ewing Avenue 3 of 8

49 PLAN COMMISSION RECOMMENDED CONDITIONS P: Street Vacation Skokie Plan Commission Council Chambers, 8:00 PM, July 18, The street shall be vacated pursuant to the Plat of Vacation dated May 18, 2011, revised June 7, 2011, and as may be further revised with the approval of the Village Manager, or designee, and Corporation Counsel. 2. Easements shall be reserved for all Village and Village franchised public utilities over the entire area to be vacated. A permanent public drainage easement shall be maintained in the vacated street. 3. Property owners shall not alter the grade or change the drainage pattern in the easement area without a permit from the Engineering Division. 4. Other than a fence, no structures or trees shall be constructed or planted within the easement area. 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. # Master Plan Commission Report P: Street Vacation: Emerson Street South of 9400 Ewing Avenue 4 of 8

50 STAFF REPORT P: Street Vacation Community Development Department Council Chambers, 7:30 PM, June 2, 2011 To: From: Re: Paul Luke, Chairman, Skokie Plan Commission Mike Voitik, Planning Technician Vacation of an approximately 18-foot-wide by 139-foot-long portion of Emerson Street south of and adjacent to 9400 Ewing Avenue General Information Location Purpose Petitioner Size of Site Existing Zoning & Land Use Unimproved street, as follows: An approximately 18-foot-wide by 139-foot-long portion of Emerson Street south of and adjacent to 9400 Ewing Avenue. To vacate approximately 139 linear feet of unimproved public street. Matthew Borden and Beatriz Gomez The street totals approximately 139 feet in length and 18 feet in width. The area of the street is approximately acres (2,502 S.F.) The entire street is zoned R1 Single Family Residential. The portion of the street to be vacated contains grass and trees. Adjacent Zoning & Land Use North South East West R1 Single-Family residential single family residence R1 Single-Family residential single family residence R1 Single-Family residential single family residence R1 Single-Family residential single family residence Comprehensive Plan The street is designated as single family detached residential STAFF ANALYSIS The petitioners are requesting the vacation of an approximately 18-foot-wide by 139- foot-long portion of Emerson Street south of and adjacent to 9400 Ewing Avenue in an R1 Single-Family district. At the present time, the portion of right-of-way requested to be vacated is not in use as a public street and consists of a parkway containing grass, trees, and bushes. A remnant portion of an alley apron leading to a vacated northsouth alley (case P) is present near the west end of the subject site. Emerson Street to the south of the subject site is improved, but dead-ends approximately 139 feet west of Ewing Avenue. The street provides parking for residents at 9356 and 9400 Ewing and also provides access to the garage at 9356 # Master Plan Commission Report P: Street Vacation: Emerson Street South of 9400 Ewing Avenue 5 of 8

51 Ewing. The petitioners are currently in the process of building a garage and constructing a driveway to the west of their house. The new driveway will be located within the subject site. In 1968, the Village approved the vacation of the full width of Emerson Street between Lincolnwood Drive and the west line of the now-vacated north-south alleys to the west of Ewing Avenue. An easement was created for the placement and maintenance of future public utilities. At the present time, a, 84-inch sewer main, a 32-inch water main, and an 8-inch water main run through vacated Emerson and into that part of Emerson to the south of the subject site. A privately-maintained pedestrian path runs through the section of Emerson that was vacated in 1968 and terminates at the paved portion of Emerson to the south of the subject site. No public sidewalk is present within the subject site or in the parkway to the south of improved Emerson, so pedestrians walk through Emerson until they reach the existing public sidewalks at Ewing. In accordance with administrative procedures approved by the Village Board, the Village requested and received a compensation of $1,000 for the portion of Emerson Street due to the width of the street requested. The amount is being used to recover the Village s cost for ordering a plat of vacation, conducting the public hearing process, recording the plat and the vacation ordinance, and other expenses related to the vacation. Staff Comment and Review sheets were sent to all pertinent departments. In addition to the Planning Division comments, staff comments were received from the Engineering and Forestry Divisions. All other departments either had no comment or were in favor of the proposed vacation. Forestry Division The Forestry Division requests that maintenance and liability of the 2 parkway trees presently located within the subject site shall become the responsibility of the petitioners once the street is vacated. The petitioners shall maintain the trees in order to keep a 14-foot clearance over Emerson Street. Even after the 2 trees are removed from the Village s inventory, they may still receive maintenance from the Village crews and contractors after the vacation if the workers are not able to determine that the trees are no longer on Village-owned property. Engineering Division The Engineering Division initially recommended denial of the requested street vacation. A 7-foot-wide diameter sewer runs within Emerson Street at a depth of 25 feet below the surface of the street. Reducing the amount of dedicated Emerson Street would restrict any repairs of this utility line as well as the water mains that run within the right-of-way. Vacating the street would also prohibit the future possibility of installing a # Master Plan Commission Report P: Street Vacation: Emerson Street South of 9400 Ewing Avenue 6 of 8

52 public sidewalk along the north side of Emerson Street which would connect to the existing pedestrian path running to the west of the subject site. No further action should be taken on the proposed street vacation until a plan is prepared and approved to incorporate the need to access underground utilities and provide safe movement of pedestrians within the area. Subsequent to the drafting of the Engineering Division memo, Engineering, Public Works, and Planning staff met to discuss options for allowing a portion of Emerson to be vacated while also being mindful of the Village s need to have maintenance access to its underground utilities. Given the depth of the existing sewer line, a wider trench would need to be dug in order to service the line in the case it were to require repair or replacement. Therefore, the Engineering Division recommends approval of vacating a 10-foot-wide by 139-foot-long portion of Emerson rather than the petitioners original request of 18 feet by 139 feet. Reducing the width of Emerson Street that will be vacated will also enable the Village to reserve land for the future construction of a public sidewalk along the north side of Emerson. The Engineering Division feels that constructing a public sidewalk in the parkway on the north side of Emerson will create a safer environment for people traveling to and from the pedestrian path rather than forcing them to walk within the street. Planning Division The Planning Division staff supports the proposed street vacation. Chapter 5 of the Comprehensive Plan identifies the entire width of dead-end Emerson Street to the west of Ewing Avenue as being a potential street to be vacated. Being a dead-end street, this section of Emerson handles no vehicular traffic other than that which is generated by the residents and their guests at 9356 and 9400 Ewing, and essentially functions as a Village-maintained driveway for the 2 properties. Maintaining the paved portion of Emerson as a dedicated right-of-way preserves the Village s access to the underground utilities. The petitioners current lot width of 41 feet along Ewing is substandard in the R1 Single-Family residential district (55 feet of frontage is required). The existing lot area of the petitioners property is 5, square feet. The minimum lot area requirement in the R1 district is 6,600 square feet. Vacating the subject site will add additional square footage to the petitioners property thus bringing the lot closer to conformity with the zoning requirements for lot width and lot area in the R1 district. In 2009, the petitioners were granted a variation in order to construct a detached garage resulting in an 11-foot side yard rather than the 17-foot minimum as required in the R1 district (case Z). # Master Plan Commission Report P: Street Vacation: Emerson Street South of 9400 Ewing Avenue 7 of 8

53 STAFF RECOMMENDATIONS Staff recommends that the petitoners request to vacate the approximately 18-foot-wide by 139-foot-long portion of Emerson Street south of and adjacent to 9400 Ewing Avenue, be APPROVED but modified per recommendations of the Engineering Division to only vacate the approximately 10-foot-wide by 139-foot-long portion of Emerson Street south of and adjacent to 9400 Ewing Avenue. 1. The property shall be vacated pursuant to the Plat of Vacation dated May 18, 2011 and as may be further revised with the approval of the Village Manager, or designee, and Corporation Counsel. 2. The maintenance and liability of the 2 parkway trees presently located within the subject site shall become the responsibility of the petitioners once the street is vacated if it is determined that the trees end up falling within the petitioners property. If, upon vacation of Emerson Street, the trees fall within the petitioners property, the trees shall be maintained by the petitioners in order to keep a 14-foot clearance over Emerson Street. 3. Easements shall be reserved for all Village and Village franchised public utilities over the entire area to be vacated. A permanent public drainage easement shall be maintained in the vacated street. 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. Other than a fence, no structures or trees shall be constructed or planted within the easement area. 6. 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. ATTACHMENTS 1. Site Photos 2. Memorandum from the Director of Engineering, dated May 27, Plat of Vacation, revised May 18, Land Use and Zoning Map # Master Plan Commission Report P: Street Vacation: Emerson Street South of 9400 Ewing Avenue 8 of 8

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55 R1 SINGLE-FAMILY RESIDENTIAL R1 SALEM R1 LANE B1 SINGLE-FAMILY RESIDENTIAL SINGLE-FAMILY RESIDENTIAL SUBJECT SITE R1 R1 SINGLE-FAMILY RESIDENTIAL FORESTVIEW ROAD R1 SINGLE-FAMILY RESIDENTIAL EWING AVENUE EMERSON ST P: Street Vacation R1 SINGLE-FAMILY RESIDENTIAL MORGAN AVENUE R1 NORTH