MONDAY, AUGUST 3, 2009 8:00 P.M. 1. Pledge of Allegiance led 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 20, 2009. * 5. Approve Voucher List #6-FY10 of August 3, 2009. * 6. Proclamations and Resolutions. A. Proclamation: Oakton Community College 40 th Anniversary August 18, 2009 7. Recognition, Presentations and Awards. 8. Appointments, Reappointments and Resignations. A. Appointments: * Fine Arts Commission (Two-Year Term): Amy Greenwood Zoning Board of Appeals (Four-Year Term): Richard Perlin * B. Resignation: Consumer Affairs Commission: Richard Perlin 9. Report of the Village Manager. A. Digital Health Department Proposal. B. Intergovernmental Agreement With The Skokie Park District For Use Of Facilities. C. Millennia Consulting Contract Immigrant Integration Assessment/Plan. D. Downtown Façade Assistance 8106 Lincoln Avenue. * E. Bid Report FY10 Municipal Parking Lot Resurfacing J.A. Johnson Paving, Arlington Heights, IL - $86,537.45. 10. Report of the Corporation Counsel. FIRST READING: A. An ordinance establishing the salaries of the Village Manager, Deputy Village Clerk, Corporation Counsel and Assistant Corporation Counsels of the Village of Skokie. This item is on the agenda for first reading and will be on the August 17, 2009, agenda for second reading and adoption. B. An ordinance providing for the acquisition of the real estate located at 8110 Lincoln Avenue, Skokie, Illinois, for public purposes. This item is on the agenda for first reading and will be on the August 17, 2009, agenda for second reading and adoption. 11. Unfinished Business. 12. New Business. 13. Plan Commission. A. Plan Commission Case 2009-15P - Special Use Permit: 8106 Lincoln Avenue B. Plan Commission Case 2009-18P Zoning Chapter Amendment: Antique & Thrift Shops 333433
14. Citizen Comments. 15. Adjournment. 333433
WHEREAS, Oakton Community College is celebrating its 40 th anniversary. Founded in 1969, Oakton Community College opened its doors in 1970 at a site in Morton Grove. The campus consisted of four factory buildings that were still being renovated. The college now offers four campuses Des Plaines, Skokie, the neighborhood (270+ sites) and the web site (www.oakton.edu); and WHEREAS, in October 2007, Oakton Community College once again earned reaccredidation from the Higher Learning Commission for another ten years. According to the HLC evaluation team, the college has demonstrated stable leadership for many years and the ability to deal with the human, physical, and financial resource challenges ahead ; and WHEREAS, the college has received numerous grants; $1 million from the National Science Foundation, to encourage students to pursue careers in science, technology, engineering and mathematics (STEM); $2.8 million in federal, state, private, corporate and competitive grants; $10,000 for the Nurse Educator Fellowship from the Illinois Board of Higher Education; and WHEREAS, since its inception in 1977, the Oakton Educational Foundation has raised more than $11 million dollars, primarily for student scholarships, grants for faculty, staff development, and special programs. During 2009, the Foundation awarded 244 scholarships totaling $313,000, including the Village of Skokie s Excellence in Local Government Management scholarship, established in 2007 to commemorate the 50 th anniversary of the Council-Manager form of government; and WHEREAS, Oakton Community College has graduated thousands of successful students who have pursued a wide range of careers. Among the college s notable alumni are; Jack Kent Cooke Scholarship recipient Cheryl-Lynn May in 2006; John Nebel, community relations bureau supervisor and public information officer for the Schaumburg Police Department in 2005; Rep. Melissa Bean (D- Ill.) in 1982; and Joseph Kolb, a customs and border protection agent for the U.S. Department of Homeland Security in 1981; and WHEREAS, the college s award-winning faculty include Jay Cohen, chair and professor of accounting, who received the 2009 Outstanding Faculty Member Award from the Illinois Community College Trustees Association; Pamela Hegg, professor of computer information systems, who earned the 2009 e-learning Faculty Award by the Instructional Technology Council; and Carla Ferguson, assistant professor of nursing, and Margaret Gas, both received a $10,000 Nurse Educator Fellowship from the Illinois Board of Higher Education; and WHEREAS, the college belongs to the Illinois Consortium for International Studies and Programs (ICISP). Through ICISP, Oakton is able to offer students the opportunity to study abroad in countries including Austria, Australia, China, Great Britain, Ireland, and Spain. NOW, THEREFORE, I, GEORGE VAN DUSEN, Mayor of the Village of Skokie, do hereby proclaim August 18, 2009, as OAKTON COMMUNITY COLLEGE 40 th ANNIVERSARY and do hereby extend our best wishes and congratulations to Oakton Community College for their continued success and their commitment to our community. Passed this 3 rd day of August 2009 Marlene Williams, Village Clerk George Van Dusen, Mayor VOSDOCS-#334088-v1-Proc OCC_40th_anniversary
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 JPH: 8/3/09 Manager s Report THIS RESOLUTION MAY BE CITED AS VILLAGE RESOLUTION 09-8-R- A RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE SKOKIE PARK DISTRICT FOR USE OF PARK DISTRICT FACILITIES DURING EMERGENCY SITUATIONS WHEREAS, Article VII, Section 10, of the Constitution of the State of Illinois provides that in furtherance of the exercise of their powers, units of local government may contract or otherwise associate among themselves to obtain and share services and to exercise, combine, or transfer any power or function, in any manner not prohibited; and WHEREAS, the Intergovernmental Cooperation Act provides that a public agency may jointly exercise or combine any power, privilege, function or authority with other public agencies, 5ILCS 220/1 et seq. (2008); and WHEREAS, the Village of Skokie (hereinafter Village ) is a home rule unit of local government pursuant to the Constitution of the State of Illinois, art. vii, sec. 6 (1970) and the Skokie Park District (hereinafter District ) is an Illinois park district, a unit of local government and a public agency pursuant to ILCS 220/2 et seq. (2008); and WHEREAS, the Village has adopted an Emergency Operation Plan, dated September 2005 ( Plan ), which establishes contingency plans for the coordination of response and delivery of services whenever a disaster or emergency is declared. The Plan incorporates contingencies for the use of facilities and equipment, other than the Village s, and the provision of services by other units of government and not for profit organizations; and WHEREAS, the Village and the District are proposing to enter into an intergovernmental agreement for the use of District facilities for mass care services and emergency assistance during catastrophic events that may occur within the Village; and WHEREAS, the attached intergovernmental agreement will aid federal, state, county and local emergency efforts to fulfill Support Functions as outlined in FEMA s Homeland Security National Response Framework, while being relevant as a component of the Village s Disaster Plan; and WHEREAS, the Village Manager recommended to the Mayor and Board of Trustees that the Intergovernmental Agreement with the Skokie Park District for use of facilities, 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 Village of Skokie is hereby authorized to enter into the Intergovernmental Agreement with the Skokie Park District for use of facilities. A copy of which is marked as Exhibit 1, attached hereto, and made part of this Resolution, or as subsequently amended with the approval of the Village Manager, or designee, and the Corporation Counsel of the Village of Skokie. Page 1 of 2 VOSDOCS-#334474-v1-Resolution Intergovernmental_Agreement Skokie_Park_District Use_of_Facilities
1 2 3 4 5 6 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 Intergovernmental Agreement with the Skokie Park District for use of facilities. A copy of which is marked as Exhibit 1, attached hereto, and made part of this Resolution, or as subsequently amended with the approval of the Village Manager, or designee, and the Corporation Counsel of the Village of Skokie. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 PASSED this day of August, 2009. Ayes: Nays: Village Clerk Absent: Approved by me this Attest: August, 2009. Village Clerk Mayor, Village of Skokie day of Page 2 of 2 VOSDOCS-#334474-v1-Resolution Intergovernmental_Agreement Skokie_Park_District Use_of_Facilities
Exhibit 1
VOSDOCS-#334355-v1-8106_Lincoln Facade_Assistance_Program 3 of 3
A JPH: 8/3/091 st reading *8/17/09 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 09-8-F- AN ORDINANCE ESTABLISHING THE SALARIES OF THE VILLAGE MANAGER, DEPUTY VILLAGE CLERK, CORPORATION COUNSEL AND ASSISTANT CORPORATION COUNSELS OF THE VILLAGE OF SKOKIE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, the Skokie Village Code, Chapter 2, Article III, Division 4, Sections 2-132 and 2-134, provides that the Village Manager shall be appointed by a majority vote of the Mayor and Board of Trustees and receive such compensation as the Mayor and Board of Trustees shall fix from time to time; and WHEREAS, the Skokie Village Code, Chapter 2, Article III, Division 3, Section 2-117, provides that the Deputy Village Clerk shall be appointed by the Village Clerk with the consent of the Mayor and Board of Trustees and at such compensation as provided for in the annual budget; and WHEREAS, the Skokie Village Code, Chapter 2, Article III, Division 5, Section 2-168, provides that the Corporation Counsel and the Assistant Corporation Counsels shall be appointed by the Mayor with the consent of the Board of Trustees and shall receive such compensation as the Mayor and Board of Trustees shall fix from time to time; and WHEREAS, the Mayor and Board of Trustees have considered the FY2010 compensation for the aforementioned positions and have approved a 1.00% cost-of-living-adjustment ( COLA ). The Village Manager and Corporation Counsel shall have said COLA distributable between the persons salaries and 401A deferred retirement plans; and NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Skokie, Cook County, Illinois: Section 1: That the salary of the Village Manager of the Village of Skokie, Cook County, Illinois, Albert J. Rigoni, is hereby set at the sum of $169,144 per annum, payable bi-weekly, effective May 1, 2009 through April 30, 2010. Further, that the Village Treasurer will direct the annual sum of $58,106 to a qualified Internal Revenue Code deferred retirement compensation plan to the benefit of the Village Manager, Albert J. Rigoni, effective May 1, 2009 through April 30, 2010. Further, the Mayor is hereby authorized to execute any and all agreements related to the employment of Albert J. Rigoni. Section 2: That the annual salary of the Deputy Village Clerk of the Village of Skokie, Cook County, Illinois, Sylvia Luke, is hereby set at the sum of $59,755.06, payable bi-weekly, effective May 1, 2009 through April 30, 2010. Further that the Deputy Village Clerk shall receive the same benefits as full-time Village employees as provided in the Village s annual budget and personnel manual. Page 1 of 2 VOSDOCS-#334071-v1-Ordinance Salary Appointed_Officials FY2010
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Section 3: That the salary of the Corporation Counsel of the Village of Skokie, Cook County, Illinois, J. Patrick Hanley, is hereby set at the sum of $139,796 per annum, payable bi-weekly, effective May 1, 2009 through April 30, 2010. Further, that the Village Treasurer will direct the annual sum of $16,754 to a qualified Internal Revenue Code deferred retirement compensation plan to the benefit of the Corporation Counsel, J. Patrick Hanley, effective May 1, 2009 through April 30, 2010. Further that the Corporation Counsel shall receive the same benefits as full-time Village employees as provided in the Village s annual budget and personnel manual. Section 4: That the annual salaries of the full-time Assistant Corporation Counsels are hereby established as hereinafter set forth and payable bi-weekly, effective May 1, 2009 through April 30, 2010: POSITION SALARY Barbara A. Mangler Assistant Corporation Counsel $ 82,758 Henry E. Mueller Assistant Corporation Counsel $139,034 Further that Assistant Corporation Counsels, Barbara A. Mangler and Henry E. Mueller, shall receive the same benefits as full-time Village employees as provided in the Village s annual budget and personnel manual. Section 5: That the annual salary of part-time Assistant Corporation Counsel for the Village of Skokie, Cook County, Illinois, Herbert Dubrow, is hereby set at the sum of $49,653 payable bi-weekly, effective May 1, 2009 through April 30, 2010. Section 6: That the annual salary of part-time Assistant Corporation Counsel for the Village of Skokie, Cook County, Illinois, Harry Piper, is hereby set at the sum of $35,631 payable biweekly, effective May 1, 2009 through April 30, 2010. Section 7: 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 August, 2009. Ayes: Nays: Absent: Attested and filed in my office this day of August, 2009; and published in pamphlet form according to law from August, 2009 to August, 2009. Village Clerk Approved by me this August, 2009. Mayor, Village of Skokie day of 24 Village Clerk Page 2 of 2 VOSDOCS-#334071-v1-Ordinance Salary Appointed_Officials FY2010
JPH: 8/3/09 1 st reading *8/17/09 LAND ACQUISITION B THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 09-8-P- AN ORDINANCE PROVIDING FOR THE ACQUISITION OF THE REAL ESTATE LOCATED AT 8110 LINCOLN AVENUE, SKOKIE, ILLINOIS, FOR PUBLIC PURPOSES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, the following legally described real property: THE SOUTH 44.00 FEET OF LOT 30 OF PETER BLAMEUSER S SUBDIVISION OF THE SOUTH 105 ACRES OF THE SOUTHEAST ¼ OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 10-21-409-010-0000 LOT 1 IN THE SUBDIVISION OF LOT 31 OF PETER BLAMEUSER S SUBDIVISION OF THE SOUTH 105 ACRES OF THE SOUTHEAST ¼ OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 10-21-409-011-0000 collectively commonly known as 8110 Lincoln Avenue, Skokie, Illinois (hereinafter Subject Property ), is located within the Village of Skokie; and WHEREAS, the Village of Skokie, pursuant to authority granted by the Mayor and Board of Trustees, previously acquired the real estate located at 8142 Lincoln Avenue, 8148 and 8158 Lincoln Avenue, for public purposes. The Village subsequently transferred 8148 and 8158 Lincoln Avenue to the Skokie Park District for use as an open space public park; and WHEREAS, the Village of Skokie is desirous of purchasing the Subject Property in the amount of $1,137,500 for public purposes; and WHEREAS, the purchase price will be paid for from funds out of the Downtown Tax Increment Financing District 90-1; and WHEREAS, the Corporation Counsel and Village Manager recommended the following to the Mayor and Board of Trustees: (i) that the Village be authorized to acquire title to, and own, the Subject Property commonly known as 8110 Lincoln Avenue, Skokie, Illinois, in order to be used for a public purpose; (ii) that the Real Estate Contract attached hereto and marked Exhibit 1, for the purchase of 8110 Lincoln, Skokie, Illinois, be approved substantially in the form attached, subject to changes approved by the Village Manager, or designee, and the Corporation Counsel of the Village of Skokie; Page 1 of 2 VOSDOCS-#334134-v1-Ordinance Land_Acquisition 8110_Lincoln
1 2 (iii) that the Village Manager be authorized to execute the Real Estate Contract marked as Exhibit 1, on behalf of the Village; and 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Skokie, Cook County, Illinois: Section 1: That the above stated recitals to this Ordinance are hereby incorporated in this Section 1 as if fully set forth herein. Section 2: That the Subject Property, legally described above with the common address of 8110 Lincoln Avenue, Skokie, Illinois, is located within the Village of Skokie and within the Downtown TIF District 90-1, a Tax Increment Financing Allocation District of the Village of Skokie. Section 3: That the acquisition of the fee simple title to the Subject Property is necessary to serve the goals, public purposes and objectives of the Downtown TIF District. Section 4: That the Mayor and Board of Trustees of the Village of Skokie, Cook County, Illinois hereby authorize the Village of Skokie to purchase and acquire the Subject Property for public purposes. Section 5: That the Mayor and Board of Trustees of the Village of Skokie, Cook County, Illinois hereby authorize the Village of Skokie to enter into the real estate contract for the Subject Property, a copy of which is attached hereto as Exhibit 1, and hereby made a part of this Ordinance, substantially in the form attached, or as changed with the approval of the Village Manager, or designee, and the Corporation Counsel of the Village of Skokie. Section 6: That the Mayor and Board of Trustees of the Village of Skokie, Cook County, Illinois hereby authorize the Village Manager to execute the real estate contract for the Subject Property, a copy of which is attached hereto as Exhibit 1, and hereby made a part of this Ordinance, substantially in the form attached, or as changed with the approval of the Village Manager, or designee, and the Corporation Counsel of the Village of Skokie. Section 7: 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 August 2009. Village Clerk Ayes: Nays: Absent: Approved by me this day of Attested and filed in my office this August 2009. day of August 2009; and published in pamphlet form according to law from August, 2009 Mayor, Village of Skokie to August, 2009. Village Clerk Page 2 of 2 VOSDOCS-#334134-v1-Ordinance Land_Acquisition 8110_Lincoln
Exhibit 1 REAL ESTATE SALE CONTRACT 1. The Parties and the Contract:, is the purchaser (hereinafter referred to as "Purchaser"), and seller is 8110 Lincoln Development, Ltd., (hereinafter referred to as Seller ). Purchaser and Seller are hereinafter collectively referred to as the Parties. This Real Estate Sale Contract is referred to herein as the Contract. The effective date of the Contract is July,, 2009. 2. Real Estate: Seller agrees to convey to Purchaser the real estate legally described on Exhibit A attached hereto and incorporated herein and all improvements thereon (the Real Estate ), which Real Estate is commonly known as 8110 Lincoln Avenue, Skokie, Illinois. The Property Identification Numbers are: 10-21-409-010-0000, 10-21-409-011-0000. 3. Fixtures and Personal Property: All fixtures and/or personal property located on the Real Estate at the time of Closing (as defined below) of this transaction shall be transferred to the Purchaser by an executed Bill of Sale unless mutually agreed otherwise by the Parties. 4. Earnest Money: Within five (5) days of Seller s execution of this Contract, Purchaser shall deposit initial earnest money in the amount of Twenty Thousand Dollars ($20,000.00) in escrow with Chicago Title Insurance Company, or mutually agreed title company. The Parties acknowledge and agree that the Parties shall execute all necessary documents with respect to the Earnest Money in form and content. The Parties shall pay equal portions of any and all expenses with respect to the Earnest Money escrow. Earnest Money shall be refundable subject to paragraphs 14 and 18. 5. Inspection(s) and Due Diligence. Purchase shall have thirty (30) days from the date of Seller s execution to perform inspections and due diligence on the Real Estate. Purchaser, at Purchaser s expense may perform any inspections needed to satisfy due diligence, including but not limited to environmental and building inspections. Seller shall allow reasonable access to Real Estate in order to allow Purchaser to perform any such inspections. At any time within this 30 day period Purchaser may elect to terminate the contract. In the event Purchaser elects to terminate this Contract, neither Party hereto shall have any further obligation or liability under this Contract, and all Earnest Money shall be returned to Purchaser. 6. Purchase Price: Purchaser agrees to purchase the Real Estate at a purchase price (the Purchase Price ) of One Million One Hundred Thirty Seven Thousand Five Hundred Dollars ($1,137,500): (a) On the Closing Date, pursuant to paragraph 8, the Parties will direct that all of the Earnest Money, be paid to or at the direction of Seller and credited on behalf of the Purchaser, toward the Purchase Price. (b) the balance of Purchase Price shall be due, plus or minus prorations. 7. Property Tax Filings: Seller agrees to provide Purchaser with copies of any and all property tax appeals, petitions or filings with the County of Cook, in addition to any and all agreements entered into with attorneys concerning real estate tax work, with respect to the Real Estate and related Permanent Index Numbers within the last three (3) tax years. These documents would include
petitions previously granted or denied and those currently pending. Such documents will be submitted to Purchaser at least twenty (21) days prior to Closing. 8. Real Estate Transfer Tax: Seller shall pay or cause to be paid, the amount of any stamp tax imposed by State law, County and Municipal Ordinance on the transfer of the title, and shall furnish all forms signed by Seller or Seller's agents, as required under the afore referred statutes and ordinances. Purchaser agrees to cooperate and sign any transfer declarations or other such forms which may be required in connection with the Closing or the transfer of Real Estate. 9. Closing: The date of closing (the Closing Date ) shall be on September, 2009 or such other date mutually agreed by the Parties, at an office of Chicago Title Insurance Company, or another title company as mutually agreed by the Parties (the Title Company ), provided title is shown to be good or is accepted by Purchaser. The closing of this transaction is referred to as the Closing. Closing costs shall be paid as follows: a. Seller s Closing Costs. Seller shall pay (i) the base premium and the premium for the extended coverage endorsement for the owner s title insurance policy required under Section 16, (ii) recording charges for any documents required to clear title, to the extent Seller is required to do so as provided in Section 16 hereof, (iii) half of the fee the agency escrow fee charged by the title company, and (iv) Seller s attorney, broker fees and expenses in this transaction. b. Purchaser s Closing Costs. Purchaser shall pay (i) the premium for any endorsements requested by Purchaser for the owner s title insurance policy provided in Section 16 that are in addition to the extended coverage endorsement, (ii) half of the fee the agency escrow fee charged by the title company and (iii) the recording costs for warranty deed. 10. Possession: Possession shall be delivered to the Purchaser at the Closing, at which time the existing buildings on the Real Estate must be vacant. 11. Removal of Personal Property. Seller shall remove from the Real Estate by the date of closing, all debris and Seller s personal property not conveyed by Bill of Sale to Buyer. 12. Prorations: The general real estate taxes for the Real Estate shall be prorated on an estimated basis as of the date of Closing, based on 110% of the most recent ascertainable full year tax bill. 13. Plat of Survey: Not less than seven (7) business days prior to closing, Seller shall at Sellers expense, tender to attorney for Purchaser a Plat of Survey by an Illinois registered land surveyor depicting all corners staked and flagged, and showing the location of all improvements thereon, any encroachments, measurements of all lot lines, easements, building line set backs, fences, all building and other improvements on the real estate and distances thereof to all lot lines. If the survey discloses improper location of improvements or encroachments (other than fences). Purchaser may, at his option, declare the contract null and void and receive a refund of all monies previously tendered. Said survey shall be dated no more than ninety (90) calendar days prior to closing. 14. Notices: All notices, demands or other communications required to be given under this Contract shall be in writing and shall be deemed duly served if personally served, sent by certified mail, return receipt requested, or by facsimile transmission, with a copy sent first class mail on the date of
transmission. All notices shall be addressed to the party intended to be served. Until changed in the manner provided in the previous sentence, the addresses and facsimile numbers of the parties shall be: If to Purchaser: If to Seller: 8110 Lincoln Development, Ltd., With a copy to: 15. Deed: Seller shall convey or cause to be conveyed to Purchaser good and merchantable title to the Real Estate by a warranty deed in recordable form, and a proper bill of sale, subject only to: covenants, conditions and restrictions of record; public and utility easements and roads and highways, if any; general real estate taxes for the year 2008 and subsequent years including taxes which may accrue by reason of new or additional improvements during the year(s); and the Permitted Exceptions described in Section 16. 16. Title: a. Seller has delivered, or will deliver within twenty one (21) days after the date of this Contract, as evidence of title in Seller, a title commitment issued by the Title Company with an effective date no earlier than thirty (30) days prior to the date of this Contract (the Title Commitment ) for an ALTA title insurance policy in the amount of the Purchase Price with extended coverage. The Title Commitment will be conclusive evidence of good and merchantable title as therein shown, subject only to the exceptions therein stated. Within fourteen (14) days after Seller s delivery of the Title Commitment to Purchaser, Purchaser shall send written notice to Seller of any objections by Purchaser to any of the title exceptions identified on the Title Commitment (the Objectionable Exceptions ). All exceptions identified in the Title Commitment which are not Objectionable Exceptions shall be deemed Permitted Exceptions under this Contract. Seller may, within fourteen (14) days after receipt of Purchaser s notice of any Objectionable Exceptions, elect to eliminate or provide title insurance over the Objectionable Exceptions. If Seller is unable or unwilling to so eliminate or provide title insurance over the Objectionable Exceptions, than Seller shall notify Purchaser who shall have the right, at its election, but as its sole and exclusive remedy, either to (a) waive the Objectionable Exceptions and accept title to the Real Estate subject to such Objectionable Exceptions (in which event such exceptions shall be deemed Permitted Exceptions), or (b) terminate this Contract by delivering written notice to Seller within ten (10) days of said notice, the before the end of the said ten (10) day period. In the event Purchaser elects to terminate this Contract, neither Party hereto shall have any further obligation or liability under this Contract, except as otherwise provided to the contrary in this Contract and Earnest Money shall be returned to Purchaser. In the event Purchaser does not elect to terminate this Contract in accordance with the terms of this Section 16, all exceptions to title listed in the Title Commitment (including those which Purchaser previously designated as Objectionable Exceptions) shall conclusively be deemed to constitute Permitted Exceptions. b. As of the Closing Date, Seller shall cause the Title Company to issue to Purchaser an ALTA Owner's Policy of Title Insurance or irrevocable commitment to issue same with extended
coverage (the "Title Policy") covering the Real Estate in the amount of the Purchase Price, subject only to the Permitted Exceptions. Notwithstanding the foregoing, if any additional exceptions to title are identified after the date of the Title Commitment that were not caused by the voluntary act of Seller, Seller shall not be required to remove such additional exceptions and the sole and exclusive remedy of Purchaser will be either to (i) take title to the Real Estate subject to such additional exceptions or (ii) terminate this Contract. In the event Purchaser elects to terminate this Contract, neither Party hereto shall have any further obligation or liability under this Contract, except as otherwise provided to the contrary in this Contract and Earnest Money shall be returned to Purchaser. c. At the closing Seller will deliver an executed Affidavit of Title, that Seller has not had any work or service performed or contracted for, that is basis for any type of lien or encumbrance filed against the Real Estate, since the date the Title Commitment was issued. d. Any endorsements requested by Purchaser for the Title Policy, other than the extended coverage endorsement, shall be paid for solely by Purchaser. Issuance or availability of any such additional endorsements requested by Purchaser shall not be a condition of Closing, and the failure of Purchaser to obtain any such additional endorsements shall not be deemed a default by Seller or a reason for Purchaser not to acquire the Real Estate. 17. Performance: Time is of the essence of this Contract. 18. Commissions: Both Parties warrant, agree and accept that the only broker s commission due, is to Paine/Wetzel Associates, Inc. and is the responsibility of the Seller. 19. Property Violations: Seller represents that Seller, any beneficiaries or agents of Seller or of its beneficiaries, has not received any notices from any governmental entity, regarding any zoning, building, fire or health code violations in respect to the Real Estate that have not been heretofore corrected. 20. Environmental: Seller has represented to Purchaser that a No Further Remediation (NFR) letter has been issued as a result of the submission of the Real Estate to the Illinois Environmental Protection Agency s (IEPA), Voluntary Remediation Program. Seller shall provide within twenty one (21) days of the date of execution of this contract; the NFR Letter, all corresponding and supporting documentation submitted in support for said letter, as well as any and all documentation related to any additional pending or closed matters with the IEPA concerning the Real Estate. Upon receipt of all documentation provided by Seller, Purchaser, shall have fourteen (14) days to review submitted documents. If after fourteen (14) days Purchaser determines that it needs more time to review the submitted documents, both Parties may agree to extend the time Purchaser has for review, or Purchaser may elect to terminate this Contract. If Purchaser elects to terminate this Contract than neither Party shall have any further obligation or liability under this Contract, except as otherwise provided to the contrary in this Contract and Earnest Money shall be returned to Purchaser. Seller represents that the Real Estate meets the minimum requirements provided under 35 Illinois Administrative Code 742: Tiered Approach for Corrective Action Objectives (742) for residential property use. In addition, that the property shall not be encumbered with engineered barriers or institutional controls, as defined in 742, that will provide limitations on future property redevelopment as a residential use. If however, in the event that subsequent to the conveyance, it is determined that further site remediation is needed in order for site to qualify and meet the residential property use standards, Seller will pay for any and all costs arising out of said remediation.
Additionally, if subsequent to the conveyance, any type of site remediation is mandated by local, state or federal law, or as a result of participation in a Voluntary Remediation Program, Seller agrees to pay for any and all costs arising out of said remediation of the Real Estate and must provide proof thereof. 21. Duplicate: A duplicate original of this Contract, duly executed by the Seller, shall be delivered to the Purchaser within five (5) business days from the date hereof, otherwise, at the Purchaser's option, this Contract shall become null and void. 22. Choice of Law: This Contract shall be governed in accordance with the laws of the State of Illinois (excluding its conflicts of law rules) and any dispute arising as to the interpretation of this Contract shall be heard in a court of competent jurisdiction sitting in Cook County, Illinois and in no other court. 23. Demolition: Seller agrees not to demolish or otherwise destroy the buildings that improve the Real Estate and that exist at the time of acceptance, any time prior to Closing. 24. Uniform Vendor and Purchaser Risk Act: The Parties agree that the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this Contract. 25. Authorized Signatories: The Parties represent that the undersigned signatories for each of them respectively are authorized signatories for this Contract and that the effect of the signatures is to make this Contract binding on the respective Parties. IN WITNESS WHEREOF, Seller and Purchaser have executed this Contract as of the date first above written. PURCHASER: SELLER: By: Its:
EXHIBIT A LEGAL DESCRIPTION 8110 Lincoln Avenue, Skokie, IL, 60077 PIN: 10-21-409-010-0000 The South 44.0 feet of Lot 30 of Peter Blameuser's Subdivision of the South 105 acres of the Southeast 1/4 of Section 21, Township 41 North, Range 13 East of the Third Principal Meridian, in Cook County, Illinois. PIN: 10-21-409-011-0000 Lot 1 in the Subdivision of Lot 31 of Peter Blameuser's Subdivision of the South 105 Acres of the Southeast 1/4 of Section 21, Township 41 North, Range 13 East of the Third Principal Meridian, in Cook County, Illinois.
PLAN COMMISSION REPORT 2009-15P: Special Use Permit Plan Commission Council Chambers, 8:00 PM, August 3, 2009 To: From: Case: Mayor and Board of Trustees Paul Luke, Plan Commission Chairperson 2009-15P: Special Use Permit Swift Child Care Infants & Toddlers Child day care not in a residence 8106 Lincoln Avenue PLAN COMMISSION ANALYSIS During its July 2, 2009 meeting, the Plan Commission heard the request of the owners of Swift Child Care Infants & Toddlers, for a special use permit for a child day care at 8106 Lincoln Avenue in a CX Core Mixed-use district that is along a retail street. It was discovered during the review of the case that improvements as a result of this request will need relief from 118-184(c)(6), which requires that 50 percent of the wall area along a retail street between 2 and 12 feet above grade to be comprised of clear transparent glass. The petitioner will be adding a first floor and upper-story addition to 8106 Lincoln Avenue. The proposed 1,791 ft² child day care will be on the first floor. The main child day care entrance will be at the rear of the building and will be accessible to 7 parking spaces for employees, customers, and the upper story residence. The entrance on Lincoln Avenue will be used as an emergency exit, but the proposed floor plan can accommodate conversion of this entrance to a main entrance for user in the future. The 1,868 ft² upper-story residence is permitted by right. The residential entrance will also be relocated to the rear of the building and be assigned an address of 8104 Lincoln Avenue. This change will allow for the removal of one of the two existing doors and the raised stoop located in the right-of-way along Lincoln Avenue. The entire façade of the building will be replaced. Staff has determined that approximately 39% of the applicable wall area contains transparent glass, rather than the 50% required by the Zoning Ordinance. However, due to the existing height of the ground floor, the petitioner has provided the maximum amount of glass feasible in an effort to meet the intent of the Ordinance. INTERESTED PARTIES Legal notice was properly posted, advertised, and delivered as prescribed by the Zoning Ordinance. No interested parties spoke at the hearing. VOSDOCS-#333702-v1-Master_Plan_Commission_Report_for_2009-15P SUP_for_child_day_care_(Swift_Child_Care_Infants_ 1 of 14
APPEARANCE COMMISSION The Appearance Commission approved the building elevations at its May 13, 2009 meeting (2009-020A). The entire façade of the building will be replaced with a façade that has a more traditional look PLAN COMMISSION RECOMMENDATIONS AND VOTING The Plan Commission recommends, by a vote of 9 ayes and 0 nays, that i) a child day care center not in a residence and ii) relief from 118-184(c)(6) to allow approximately 39% of the wall area that is between 2 and 12 feet above grade be occupied by storefront windows and/or entry doors rather than the required 50% of the wall area at 8106 Lincoln Avenue be APPROVED subject to the attached Plan Commission Recommended Conditions and Plan Commission Positive Findings of Fact. ATTACHMENTS 1. Plan Commission Positive Findings of Fact for 2009-15P 2. Plan Commission Recommended Conditions for 2009-15P 3. Staff Report for 2009-15P 4. Site Plan, dated June 26, 2009 5. Floor Plans, dated June 26, 2009 6. Building Elevations, dated June 15, 2009 7. Land Use and Zoning Map VOSDOCS-#333702-v1-Master_Plan_Commission_Report_for_2009-15P SUP_for_child_day_care_(Swift_Child_Care_Infants_ 2 of 14
PLAN COMMISSION RECOMMENDED CONDITIONS VOSDOCS-#333702-v1-Master_Plan_Commission_Report_for_2009-15P SUP_for_child_day_care_(Swift_Child_Care_Infants_ 3 of 14 2009-15P: Special Use Permit Plan Commission Council Chambers, 7:30 PM August 3, 2009 1. The petitioner shall develop the Subject Property in substantial conformance with the final Village approved site plan and floor plans dated June 26, 2009 and building elevations dated June 15, 2009. 2. The pick up/drop off activity is to function on the petitioner s property and the existing parking on Lincoln Avenue must remain. No on-street parking on Lincoln Avenue shall be reserved for this use. 3. The existing parking lot must be patched, resurfaced, and re-striped. 4. New electrical service must be placed underground. 5. Required handicapped signage (R7-8) shall be installed and maintained by the property owner. A sign post shall be located in the centerline of the handicapped stall at a minimum height of 7 feet from grade. 6. The Subject Property must conform to the Village's Storm Water Control Ordinance as contained in the Skokie Village Code, including the disconnection of any downspouts. 7. The operation shall meet the Licensing Standards and Requirements of the State of Illinois, Department of Children and Family Services (DCFS) for day childcare. 8. A copy of the nursery s license from the Illinois Department of Children and Family Services be submitted to the Planning Division prior to the issuance of a Certificate of Occupancy. 9. Information shall be submitted to the Health Department regarding the name, address and most current inspection (not to exceed six months past-dated) of any catering service to be used at the subject nursery, prior to the issuance of Certificate of Occupancy. 10. A separate employee hand sink with dispensed soap and towels shall be provided in any food service area. 11. Any new equipment such as refrigeration, storage shelving, worktables, or other equipment must be NSF approved. 12. An approved diaper changing area with hand sink must be provided. 13. All surfaces of the floors, walls, ceiling, shelving and countertops shall be smooth and easily cleanable. 14. All light fixtures must be properly shielded and all electrical outlets shall be protected. 15. Approval shall be obtained from the Office of the State Fire Marshal prior to obtaining a Certificate of Occupancy. 16. The Fire Department shall inspect and certify the sprinkler system prior to the occupancy of the building.
17. A fire alarm system shall be installed that is in compliance with applicable Life Safety and NFPA Codes. 18. A Knox Box shall be mounted on the exterior of the building adjacent to the main entrance. STANDARD SPECIAL USE PERMIT CONDITIONS 19. 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. 20. Parking lot and exterior lighting shall meet IES standards, be full cut-off design, directed away from adjacent properties, and subject to the approval of the Engineering Division. 21. All off-street parking spaces shall be legibly striped and maintained. 22. Regulatory signage or pavement markings shall be provided to help assure proper vehicular traffic movement. 23. All modifications to building elevations, signage, and landscaping shall be subject to the review and approval of the Skokie Appearance Commission. 24. All signage shall conform to the Skokie Village Code. Any sign on the Subject Property that is in violation of that Code must be removed or modified to conform therewith prior to the issuance of an occupancy permit. 25. All existing damaged public sidewalks or sidewalks damaged due to the implementation of this plan shall be replaced. 26. Handicapped ramps are to be provided as necessary and meet State of Illinois Accessibility requirements and the Skokie Village Code. 27. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects that may impede travel. 28. All overhead utilities on the Subject Property shall be placed or relocated underground. Any unnecessary service shall be removed. The petitioner shall bear the full cost of any utility relocation and/or conflicts. 29. All buildings shall meet current International Building and NFPA Life Safety Codes as amended. 30. Cable access shall not be denied to any residents in the building. All cable providers shall be given access to provide service. All cable and other fixtures necessary to provide service to the building shall be placed underground and conduit shall be provided inside the building for wiring. 31. The petitioner shall submit to the Planning Division electronic files of the plat of survey, site plan, and landscape plan in their approved and finalized form. The files shall be scaled CADD 2D drawing files on non-compressed, non-read only CD-ROM.dwg AutoCad format (version 2004 or later preferred). VOSDOCS-#333702-v1-Master_Plan_Commission_Report_for_2009-15P SUP_for_child_day_care_(Swift_Child_Care_Infants_ 4 of 14
32. 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 number of the company and contact person responsible for site maintenance in compliance with the special use permit. 33. 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. 34. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. 35. 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. 36. The petitioner shall pay all costs related to any hearings conducted as a result of non-compliance 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. VOSDOCS-#333702-v1-Master_Plan_Commission_Report_for_2009-15P SUP_for_child_day_care_(Swift_Child_Care_Infants_ 5 of 14
PLAN COMMISSION POSITIVE FINDINGS OF FACT 2009-15P: Special Use Permit Plan Commission Council Chambers, 7:30 PM August 3, 2009 1 2 3 Consideration The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, or general welfare; and the proposed building or use at the particular location is necessary or desirable to provide a service or a facility which is in the public interest and will contribute to the general welfare of the neighborhood or community. Findings The proposed use will not be detrimental to the public health, safety, morals or general welfare. The use accommodates a community need for child care while improving the façade of an aging structure. Consideration The proposed building or use will not substantially change the character of the neighborhood, will not have an undue adverse affect upon adjacent property or property values in the neighborhood, will not unduly aggravate traffic conditions, and will not unduly burden essential public services such as drainage facilities, public utilities, and those services pertaining to public health, safety, and welfare in general. Findings The proposed use will not substantially change the character of the neighborhood. An existing child daycare center is currently located in the vicinity. The new child day care center will service a limited number of families which limits the impacts of potentially aggravating traffic conditions. Additionally, improvements to the façade will be made which will improve the aesthetics of the surrounding area. Consideration The proposed building(s) or use will be designed, arranged, and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Findings Traffic circulation at the site was improved to accommodate the child daycare center. The relief requested will not negatively impact the development and use of neighboring property in accordance with the applicable district regulations. VOSDOCS-#333702-v1-Master_Plan_Commission_Report_for_2009-15P SUP_for_child_day_care_(Swift_Child_Care_Infants_ 6 of 14
4 5 Consideration The proposed use will not alter or be contrary to the primary purpose of the Zoning District of the area in which it is proposed, when its effect is considered in conjunction with the cumulative effect of the number of various Special Uses of all types already in the adjacent area and in the Village as a whole. Findings The proposed use compliments the intent of the district by providing a valuable service in the downtown area. Consideration The proposed use and its plan conform to the general intent of the Official Comprehensive Plan. Findings The site is designated as Downtown Core Mixed-use. The special use in combination with the upper story residence provides a mixing of uses that complements the intent of the district. VOSDOCS-#333702-v1-Master_Plan_Commission_Report_for_2009-15P SUP_for_child_day_care_(Swift_Child_Care_Infants_ 7 of 14
STAFF REPORT 2009-15P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, July 2, 2009 To: From: Case: Paul Luke, Plan Commission Chairperson Steve Marciani, AICP, Planning Supervisor 2009-15P: Special Use Permit Swift Child Care Infants & Toddlers Child day care not in a residence 8106 Lincoln Avenue General Information Location Purpose Petitioner Size of Site Existing Zoning & Land Use Adjacent Zoning & Land Use Comprehensive Plan 8106 Lincoln Avenue To obtain a special use permit for a child day care not in a residence Anoosh & Yadegar, LLC, on behalf of Yadegar Varda for Swift Child Care Infants & Toddlers 6,900 square feet (0.158 acres) with 44.19 feet of frontage on Lincoln Avenue. CX Core Mixed-use vacant mixed-use building under construction to expand ground floor commercial and upper story residence, on-site parking. North CX Core Mixed-use vacant commercial building, bicycle shop with upper story residence South CX Core Mixed-use auto repair facility (legal nonconforming), child day care not in a residence East West CX Core Mixed-use religious assembly CX Core Mixed-use detached and multifamily residences The site is designated Downtown Core Mixed-use. SITE INFORMATION The site is currently occupied by a vacant mixed-use building. The petitioner plans to expand the ground floor commercial, upper story residence, and on-site parking. Public sidewalks are located along Lincoln Avenue. An existing driveway and curb cut is located on Lincoln Avenue, with a driveway that connects to parking in the rear of the building. VOSDOCS-#333702-v1-Master_Plan_Commission_Report_for_2009-15P SUP_for_child_day_care_(Swift_Child_Care_Infants_ 8 of 14
There are two building entrances on Lincoln Avenue, one of which has a raised stoop encroaching into the public sidewalk. Overhead utility lines service the site from the rear of the building. The #210 Pace bus route operates on Lincoln Avenue. The #97 CTA bus route operates on Niles Center Road. The site is within 2,000 feet of the bus transfer area at Oakton Street and Lincoln Avenue. The first floor is approximately 1,791 ft² and the second floor is approximately 1,868 ft². The petitioner is participating in the Village Façade Improvement Program. PETITIONER S SUBMITTAL Anoosh & Yadegar, LLC, on behalf of Yadegar Varda for Swift Child Care Infants & Toddlers, is requesting a special use permit for a child day care not in a residence at 8106 Lincoln Avenue in a CX Core Mixed-use district that is along a retail street. It was discovered during the review of the case that improvements as a result of this request will need relief from 118-184(c)(6), which requires that 50 percent of the wall area along a retail street between 2 and 12 feet above grade to be comprised of clear transparent glass. The petitioner is currently building an addition to 8106 Lincoln Avenue. The result will be an enlarged first floor and upper story residence. The proposed child day care will be located on the first floor. It will consist of an infant room, refrigerator and sink area, office, bathrooms, mop room, and toddler room with a total floor area of 1,791 ft². The main entrance for the proposed child day care will be moved to the rear of the building, which will be accessible to 7 parking spaces for employees, customers, and the upper story residence. The east portion of the building utilizes an existing structure with the height of the floor approximately 2.5 feet above grade. All necessary ramping to bring the building into compliance with the Americans with Disabilities Act will be located in the building s interior. The entrance on Lincoln Avenue will be used as an emergency exit, but will make accommodations for the future conversion of the Lincoln Avenue entrance to a main entrance for a commercial use. The upper story residence, which is permitted by right, includes a family room, kitchen, 2 bathrooms, 2 bedrooms, and a laundry closet with a total floor area of 1,868 ft². The residential entrance will be relocated to the rear of the building and be assigned an address of 8104 Lincoln Avenue. This change will allow for the removal of one of the two existing doors along Lincoln Avenue and the raised stoop located in the right-ofway. The entire façade of the building will be replaced. Staff has determined that approximately 96 ft 2 of storefront windows and/or entry doors are proposed between 2 and 12 feet above grade. This is approximately 39 percent of the applicable wall area, rather than the 50 percent required by the Zoning Ordinance. However, due to the VOSDOCS-#333702-v1-Master_Plan_Commission_Report_for_2009-15P SUP_for_child_day_care_(Swift_Child_Care_Infants_ 9 of 14
existing height of the ground floor, the petitioner cannot meet the 50 percent glazing requirement. Rather, the petitioner has provided the maximum amount of glass feasible in an effort to meet the intent of the Ordinance. The petitioner s statement regarding the effects of the proposed use on the neighborhood, property values, traffic conditions, storm water detention, and other matters pertaining to the public health, safety, morals, and general welfare is incorporated into this report as an attachment. STAFF ANALYSIS Staff comment and review sheets were sent to all pertinent departments. Staff comments on the subject case were received from the Health Department, Fire Department, and Engineering Division. All other departments returned the sheets with no comments. Health Department The Health Department has no objections to the plan concept. Final approval is subject to the review of building permit plans. Fire Department The Fire Department notes that sprinklers are required for the child day care with fire alarms. Public Works Department Traffic Engineering Division The Traffic Engineering Division notes that the day care center will have a parking requirement of 5 spaces including 1 handicapped space. Seven parking spaces are provided. The pick up/drop off activity is to function on the petitioner s property and the existing parking on Lincoln Avenue must remain. Additionally, the existing parking lot should be patched, resurfaced, and re-striped. Public Works Department Civil Engineering Division The Civil Engineering Division notes that all new electrical service must be placed underground. The site must meet Village stormwater detention requirements. Please note that motor vehicle parking facility design standards require curbing. Planning Division The proposed plan converts a vacant commercial property into a valuable addition to the downtown. Currently, the petitioner operates other child day care centers that serve approximately 200 families in the Skokie area. The proposed new location will allow the petitioner to meet the needs of their clients by providing services to an additional 20 to VOSDOCS-#333702-v1-Master_Plan_Commission_Report_for_2009-15P SUP_for_child_day_care_(Swift_Child_Care_Infants_ 10 of 14
25 families with infants and toddlers. The expansion of their business not only provides a valuable service to the community, but has the added benefit of improving the façade of a highly visible building in the downtown area. During the review of this case, Staff discovered that the proposed child daycare center requires relief from 118-184(c)(6), which calls for 50 percent of the wall area along a retail street between 2 and 12 feet above grade to consist of clear transparent glass. Due to the raised height of the first floor, the 50 percent glazing requirement cannot be met. Nonetheless, the petitioner proposes 39 percent glazing which is the maximum extent feasible in an attempt to meet the intent of the Zoning Ordinance requirement. APPEARANCE COMMISSION The Appearance Commission reviewed the building elevations for this request at the May 13, 2009 hearing. Subsequently, revisions were made to the east elevation, but were found to be in substantial compliance with the approved plans. STAFF RECOMMENDATIONS Staff recommends that the petitioner s request for a special use permit for a child day care center not in a residence and relief from 118-184(c)(6) be APPROVED subject to the attached Positive Findings of Fact and Recommended Special Use Permit Conditions listed below. RECOMMENDED SPECIAL USE CONDITIONS 1. Prior to a hearing before the Village Board of Trustees, the petitioner shall submit a revised and dated site plan including a garbage corral consisting of a 6 foot high solid fence with gates. 2. The pick up/drop off activity is to function on the petitioner s property and the existing parking on Lincoln Avenue must remain. No on-street parking on Lincoln Avenue shall be reserved for this use. 3. The existing parking lot must be patched, resurfaced, and re-striped. 4. New electrical service must be placed underground. 5. Required handicapped signage (R7-8) shall be installed and maintained by the property owner. A sign post shall be located in the centerline of the handicapped stall at a minimum height of 7 feet from grade. 6. The Subject Property must conform to the Village's Storm Water Control Ordinance as contained in the Skokie Village Code, including the disconnection of any downspouts. 7. The operation shall meet the Licensing Standards and Requirements of the State of Illinois, Department of Children and Family Services (DCFS) for day childcare. VOSDOCS-#333702-v1-Master_Plan_Commission_Report_for_2009-15P SUP_for_child_day_care_(Swift_Child_Care_Infants_ 11 of 14
8. A copy of the nursery s license from the Illinois Department of Children and Family Services be submitted to the Planning Division prior to the issuance of a Certificate of Occupancy. 9. Information shall be submitted to the Health Department regarding the name, address and most current inspection (not to exceed six months past-dated) of any catering service to be used at the subject nursery, prior to the issuance of Certificate of Occupancy. 10. A separate employee hand sink with dispensed soap and towels shall be provided in any food service area. 11. Any new equipment such as refrigeration, storage shelving, worktables, or other equipment must be NSF approved. 12. An approved diaper changing area with hand sink must be provided. 13. All surfaces of the floors, walls, ceiling, shelving and countertops shall be smooth and easily cleanable. 14. All light fixtures must be properly shielded and all electrical outlets shall be protected. 15. Approval shall be obtained from the Office of the State Fire Marshal prior to obtaining a Certificate of Occupancy. 16. The Fire Department shall inspect and certify the sprinkler system prior to the occupancy of the building. 17. A fire alarm system shall be installed that is in compliance with applicable Life Safety and NFPA Codes. 18. A Knox Box shall be mounted on the exterior of the building adjacent to the main entrance. STANDARD SPECIAL USE PERMIT CONDITIONS 19. 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. (Standard) 20. Parking lot and exterior lighting shall meet IES standards, be full cut-off design, directed away from adjacent properties, and subject to the approval of the Engineering Division. (Standard) 21. All off-street parking spaces shall be legibly striped and maintained. (Standard) 22. Regulatory signage or pavement markings shall be provided to help assure proper vehicular traffic movement. (Standard) 23. All modifications to building elevations, signage, and landscaping shall be subject to the review and approval of the Skokie Appearance Commission. (Standard) 24. All signage shall conform to the Skokie Village Code. Any sign on the Subject Property that is in violation of that Code must be removed or modified to conform VOSDOCS-#333702-v1-Master_Plan_Commission_Report_for_2009-15P SUP_for_child_day_care_(Swift_Child_Care_Infants_ 12 of 14
therewith prior to the issuance of an occupancy permit. (Standard) 25. All existing damaged public sidewalks or sidewalks damaged due to the implementation of this plan shall be replaced. (Standard) 26. Handicapped ramps are to be provided as necessary and meet State of Illinois Accessibility requirements and the Skokie Village Code. (Standard) 27. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects that may impede travel. (Standard) 28. All overhead utilities on the Subject Property shall be placed or relocated underground. Any unnecessary service shall be removed. The petitioner shall bear the full cost of any utility relocation and/or conflicts. (Standard) 29. All buildings shall meet current International Building and NFPA Life Safety Codes as amended. (Standard) 30. Cable access shall not be denied to any residents in the building. All cable providers shall be given access to provide service. All cable and other fixtures necessary to provide service to the building shall be placed underground and conduit shall be provided inside the building for wiring. (Standard) 31. The petitioner shall submit to the Planning Division electronic files of the Plat of Survey, Site Plan, Landscape Plan, Floor Plan, and Building Elevations, in approved and finalized form. The files shall be scaled CADD 2D drawing files on noncompressed, non-read only, IBM formatted, CD-ROM.DWG AutoCAD format (version 2004). The drawings shall be formatted to SPCS, NAD83, HARN1997, with SPCS north being straight up, and the primary units in U.S. Survey Feet. All elements shall be contained within a single file, no XREF or PDF attachment files shall be used. (Standard) 32. 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 number of the company and contact person responsible for site maintenance in compliance with the special use permit. (Standard) 33. 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. (Standard) 34. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. (Standard) 35. 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. (Standard) VOSDOCS-#333702-v1-Master_Plan_Commission_Report_for_2009-15P SUP_for_child_day_care_(Swift_Child_Care_Infants_ 13 of 14
36. The petitioner shall pay all costs related to any hearings conducted as a result of non-compliance 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. (Standard) ATTACHMENTS 1. Proposed Positive Findings of Fact for 2009-15P 2. Petitioner s statement of effects of use 3. Memorandum from Engineering Division dated June 29, 2009 4. Proposed Site Plan, dated April 17, 2009 5. Proposed Floor Plans and Building Elevations, dated June 15, 2009 6. Land Use and Zoning Map VOSDOCS-#333702-v1-Master_Plan_Commission_Report_for_2009-15P SUP_for_child_day_care_(Swift_Child_Care_Infants_ 14 of 14
LINCOLN AVE. 5 6 7 1 2 3 4 SITEPLAN 3/32" = 1'-0" North 0901-1 Swift School & Residence a Wojcik + Associates Architects, Inc. 7/1/2009 2:29:40 PM
265 Cottonwood Drive Elk Grove Village, IL 60007 ph. 847-439-0815 PROJECT: SWIFT SCHOOL RESIDENCE 8106 N. Lincoln Ave. Skokie, IL 1 SECOND FLOOR PLAN 1/4" = 1'-0" North Issued: Project No.: Drawings: First Floor Plan, Second Floor Plan Sheet No.: 7/1/2009 3:32:13 PM 2 FIRST FLOOR PLAN 1/4" = 1'-0" North
265 Cottonwood Drive Elk Grove Village, IL 60007 ph. 847-439-0815 PROJECT: SWIFT CHILD CARE - INFANTS & TODDLERS SWIFT SCHOOL RESIDENCE 8106 8106 N. Lincoln Ave. Skokie, IL 1 EAST ELEVATION 1/4" = 1'-0" 2 PROPOSED NEW EAST ELEVATION 1/4" = 1'-0" 3 WEST ELEVATION 1/4" = 1'-0" 4 TYP. LINTEL 1 1/2" = 1'-0" Issued: Project No.: Drawings: Exterior Elevations 5 SOUTH ELEVATION 1/4" = 1'-0" Sheet No.: 6/15/2009 11:19:51 AM