Board of Trustees — Skokie, IL
Date: 2012-02-21

TUESDAY, FEBRUARY 21, 2012 – 8:00 P.M.



 1. Pledge of Allegiance led by Fire Department Honor Guard.

 2. Call meeting to order and roll call.

 3. Approve Consent Agenda.

* 4. Approve, as submitted, minutes of regular meeting held February 6, 2012.

* 5. Approve Voucher List #19-FY12 of February 21, 2012.

* 6. Proclamations and Resolutions.
 A. Proclamations:
 Colorectal Cancer Awareness Month – March 2012
 National Consumer Protection Week – March 7-13, 2012
 B. Resolution:
 Supporting Northwest Municipal Conference 2012 Legislative Program

 7. Recognition, Presentations and Awards.

 8. Appointments, Reappointments and Resignations.
 A. Swearing in of the following personnel by the Board of Fire and Police:
 Name Old Position New Position
 Stanley Goolish Firefighter Fire Lieutenant
 Gabriel Millard Firefighter Fire Lieutenant
 Thomas Doran Firefighter Fire Lieutenant
 * B. Appointments:
 Board of Health (Two-Year Term): Heidi M. Nickisch Duggan
 Consumer Affairs Commission (Two-Year Term): Clifford Levy
 Human Relations Commission (Three-Year Term): Atorina Zomaya
 Public Safety Commission (One-Year Term): Thomas Mannard, Vice Chair
 * C. Reappointments:
 Board of Fire & Police Commissioners (Four-Year Term, One-Year Term as Chair):
 David Jones
 Plan Commission (Four-Year Term): David Marek
 * D. Resignation:
 Beautification & Improvement Commission: Gerrie Levin

 9. Report of the Village Manager.
 * A. Pre-Application Resolutions – Illinois Department of Commerce and Economic
 Opportunity Grant for the Hurricane IKE-Home Repair Program.
 * B. Fire Department Turnout Gear – Air One Equipment, Inc., South Elgin, IL - $41,790.

 10. Report of the Corporation Counsel.
 CONSENT:
 * A. An ordinance providing for the addition of a portion of Oakton Street, from Long
 Avenue to Skokie Boulevard, to the Municipal Street System of the Village of Skokie,
 Cook County, Illinois. This item is on the consent agenda for second reading and
 adoption.
 FIRST READING:
 B. A resolution authorizing the publication of the Official Zoning Map for the Village of
 Skokie, Illinois. This item is on the agenda for first reading and adoption.
396459
 SECOND READING:
 C. An ordinance amending Chapter 22, Section 22-413, Chapter 46, Section 46-123,
 and certain sections of Chapter 82 of the Skokie Village Code pertaining to signs and
 sign fees. This item is on the agenda for second reading and adoption.

 11. Unfinished Business.
 A. Public Hearing to Consider a Proposed Plan of Operation and Governance for the
 Village’s Residential and Small Commercial Retail Electricity Aggregation Program

 12. New Business.

 13. Plan Commission.
 A. Plan Commission Case 2011-29P – Special Use Permit request at 4811 Dempster
 Street

 14. Citizen Comments.

 15. Adjournment.




396459
 WHEREAS, colorectal cancer is the third leading cause of cancer deaths in men and women
combined in the United States; and

 WHEREAS, in 2012, the American Cancer Society estimated that 6,610 new cases of
colorectal cancer would be diagnosed in the State of Illinois and that colorectal cancer would
kill an estimated 2,560 men and women in the State of Illinois; and

 WHEREAS, colorectal cancer is highly preventable because regular screening can detect pre-
cancerous polyps before the cancer even starts; and

 WHEREAS, colorectal cancer is highly treatable and curable when detected early; and

 WHEREAS, screening for colorectal cancer is underutilized in the United States, with less
than 50 percent of men and women over age 50 receiving regular screenings for colorectal cancer; and

 WHEREAS, The American Society The Cancer Research Foundation of America, the
American Society for Gastrointestinal Endoscopy, the Foundation for Digestive Health and Nutrition,
and the National Colorectal Cancer Roundtable have joined forces to establish March as National
Colorectal Cancer Awareness month; and

 WHEREAS, the mission of National Colorectal Cancer Awareness Month is to decrease the
number of colorectal cancer deaths in the United States by generating widespread awareness about
colorectal cancer and by encouraging Americans to learn more about how to prevent the disease
through regular screening and a healthy lifestyle; and

 WHEREAS, the members of the Women’s Board of Rush North Shore Medical Center in the
Village of Skokie, along with the American Cancer Society, are committed to serving their community
by generating awareness about colorectal cancer on the North Shore, and they have asked the Village
of Skokie to partner with them in proclaiming Colorectal Cancer Awareness Month in March of this
year.

 NOW, THEREFORE, I, GEORGE VAN DUSEN, MAYOR, of the Village of Skokie, in
partnership with the Women’s Board of Rush North Shore Medical Center, the Board of Health for the
Village of Skokie and the American Cancer Society, do hereby proclaim the month of March 2012, as

 “COLORECTAL CANCER AWARENESS MONTH”
and urge its residents of the Village of Skokie to take cognizance of this event and to participate
fittingly in its observance by supporting continued education about and screening for this disease.

 Dated this 21st day of February 2012


 _____________________________________________
 George Van Dusen
 Mayor

______________________________________
Marlene Williams, Village Clerk




VOSDOCS-#89162-v1-Proc__Colorectal_cancer_awareness_month
 WHEREAS, the Consumer Affairs Commission is involved with consumer protection
and education issues that impact Village of Skokie residents; and

 WHEREAS, National Consumer Protection Week highlights consumer protection
and education efforts around the county; and

 WHEREAS, “Read Up and Reach Out: Be an Informed Consumer”, encourages
people across the nation to take advantage of the wealth of information that can enhance
confidence in the marketplace. Consumer information can help people recognize a rip-off,
smell a scam, or find a fraud; and

 WHEREAS, fraudulent promotions seek to exploit people’s financial fantasies,
needs, and general optimism. But informed consumers are better able to see through frauds
and deceptions, whether they take the form of questionable claims in an ad, ‘breathless’ offers
that come in the mail, or email, or schemes that sound like sure-fire successes. Perhaps more
important, informed consumers know where to go for information about their rights and how
and where to complain; and

 WHEREAS, consumers can find practical – and tactical – tips from National
Consumer Protection partner organizations about how to make well-informed purchase
decisions, and avoid scams, by going to the website at www.consumer.gov/ncpw; and

 WHEREAS, this site has information from federal, state, and local government
agencies, and national consumer advocacy organizations. Use it to promote National
Consumer Protection Week in your community, or at your school, job, or club. The Outreach
Toolkit has promotional materials that can be downloaded for your use.

 NOW, THEREFORE, I, GEORGE VAN DUSEN, Mayor of the Village of
Skokie, do hereby proclaim the week of March 7-13, 2012, as

 “NATIONAL CONSUMER PROTECTION WEEK”

in the Village of Skokie, and do urge every resident to be aware of fraudulent promotions,
scams and deceptive practices, by contacting the National Consumer Protection Agency,
before you lose your hard earned money.

Passed this 21st day of February 2012
 ____________________________________
 George Van Dusen
 Mayor
_____________________________________
Marlene Williams, Village Clerk




VOSDOCS-#263257-v1-proc__National_Consumer_Protection_Week
 THIS RESOLUTION MAY BE CITED AS
 VILLAGE RESOLUTION

 12-2-R-



 RESOLUTION SUPPORTING THE NORTHWEST MUNICIPAL
 CONFERENCE 2012 LEGISLATIVE PROGRAM


 1 WHEREAS, the Village of Skokie is a member of the Northwest Municipal Conference;
 2 and
 3
 4 WHEREAS, the Northwest Municipal Conference works with its members to develop its
 5 annual Legislative Program that serves as a comprehensive platform on legislative issues in
 6 order to protect and benefit the interests of its member municipalities, residents, and businesses
 7 in our communities and the region; and
 8
 9 WHEREAS, the Northwest Municipal Conference's 2012 Legislative Program focuses on
10 issues vital to the Village of Skokie, including protecting local government revenues, online
11 sales tax collection and sales tax sourcing rules, as well as addressing labor related cost drivers
12 such as pension reform, preventing abuse of the Public Safety Employees Benefit Act and
13 balancing the interest arbitration process; and
14
15 WHEREAS, the Northwest Municipal Conference will actively pursue these legislative
16 priorities to the benefit of the Village of Skokie and all members of the Northwest Municipal
17 Conference.
18
19 NOW, THEREFORE, BE IT RESOLVED, that the Village of Skokie of hereby expresses
20 support for the Northwest Municipal Conference's 2012 Legislative Program; and
21
22 BE IT FURTHER RESOLVED, that the Village of Skokie will actively support the 2012
23 Legislative Program, both locally and in our federal and state capitols; and
24
25 BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to the
26 Northwest Municipal Conference, to all state and federal legislators representing the Village of
27 Skokie, to the Office of the Governor, and to department heads in the Village of Skokie.
28
29 PASSED this 21st day of February, 2012.
30
31 Ayes:
32 Nays: Village Clerk
33 Absent:
34 Approved by me this 21st day of
35 Attest: February, 2012.
36
37
38
39 Village Clerk Mayor, Village of Skokie




 VOSDOCS-#396561-v1-Resolution__Northwest_Municipal_Conference_2012_Legislative_Program
 JPH: 2/21/12 Manager’s Report
 THIS RESOLUTION MAY BE CITED AS
 VILLAGE RESOLUTION

 12-2-R-



 A RESOLUTION APPROVING AND AUTHORIZING SUPPORT FOR THE
 VILLAGE OF SKOKIE PRE-APPLICATION FOR THE ILLINOIS DEPARTMENT
 OF COMMERCE AND ECONOMIC OPPORTUNITY (DCEO) GRANT FOR
 THE HURRICANE IKE-HOME REPAIR/REHABILITATION AND
 REPLACEMENT (IKE-HRRP) PROGRAM

 1 WHEREAS, the Village of Skokie is applying to the State of Illinois for a
 2 Community Development Block Grant (CDBG) Disaster Recovery Program grant; and

 3 WHEREAS, it is necessary that a Pre-Application be made to the State of Illinois
 4 for the Illinois Department of Commerce and Economic Opportunity (DCEO) grant for the
 5 Hurricane IKE-Home Repair/Rehabilitation and Replacement (IKE-HRRP) Program; and

 6 WHEREAS, if awarded, the grant assistance will provide funding to eligible Skokie
 7 residents to undertake home repair addressing any remaining Hurricane IKE-related
 8 storm damage from the September 13 and 14, 2008 severe rain storms and flooding; and

 9 WHEREAS, the Village Manager recommended to the Mayor and Board of Trustees
10 that the Pre-Application with the State of Illinois for the DCEO grant for the IKE-HRRP
11 Program be submitted, and that the Village of Skokie agree to the understandings and
12 assurances contained in said Pre-Application;

13 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the
14 Village of Skokie, Cook County, Illinois, that the Village of Skokie is authorized to submit
15 the Pre-Application with the State of Illinois for the DCEO grant for the IKE-HRRP Program,
16 and does hereby agree to the understandings and assurances contained in said Pre-
17 Application.

18 BE IT FURTHER RESOLVED by the Mayor and Board of Trustees of the Village of
19 Skokie, Cook County, Illinois, that the Village Manager, or designee, is hereby authorized to
20 execute the Pre-Application with the State of Illinois for the DCEO grant for the IKE-HRRP
21 Program, and all other documents necessary for the carrying out of said Pre-Application.
22
23 BE IT FURTHER RESOLVED by the Mayor and Board of Trustees of the Village of
24 Skokie, Cook County, Illinois, that the Village Manager, or designee, is authorized to
25 provide such additional information as may be required to accomplish the obtaining of such
26 grant.
27
28
29
30
 Page 1 of 2
 VOSDOCS-#396284-v1-Resolution__Pre-Application_Agreement__DCEO_Grant_CDBG-IKE_Disaster_Recovery
 1 PASSED this day of February, 2012.
 2
 3 Ayes:
 4 Nays: Village Clerk
 5 Absent:
 6 Approved by me this day of
 7 Attest: February, 2012.
 8
 9
10
11 Village Clerk Mayor, Village of Skokie
 JPH: 2/21/12 Manager’s Report
 THIS RESOLUTION MAY BE CITED AS
 VILLAGE RESOLUTION

 12-2-R-



 A RESOLUTION COMMITTING RESOURCES TO THE VILLAGE
 OF SKOKIE PRE-APPLICATION FOR THE ILLINOIS DEPARTMENT
 OF COMMERCE AND ECONOMIC OPPORTUNITY (DCEO) GRANT
 FOR THE HURRICANE IKE-HOME REPAIR/REHABILITATION AND
 REPLACEMENT (IKE-HRRP) PROGRAM

 1 WHEREAS, the Mayor and Board of Trustees of the Village of Skokie, Illinois, has
 2 authorized the submission of an Illinois Department of Commerce and Economic Opportunity
 3 (DCEO) Hurricane IKE Disaster Recovery pre-application; and
 4
 5 WHEREAS, the available funds for the DCEO-IKE Disaster Recovery Fund originate from
 6 the Federal Government’s Community Development Block Grant (CDBG) Hurricane IKE Disaster
 7 Recovery Program; and
 8
 9 WHEREAS, receipt of CDBG grant assistance through the DCEO-IKE Disaster Recovery is
10 essential to allow Village of Skokie residents to undertake home repairs addressing any remaining
11 Hurricane IKE related storm damage which occurred from the September 13 and 14, 2008 severe
12 rain storms and flooding; and
13
14 WHEREAS, it is anticipated that if the Village is ultimately approved for the CDBG grant, the
15 Village will be reimbursed up to 1% of the grant for any administrative costs incurred by the Village,
16 including but not limited to Village staff time. The Village shall then be responsible for any remaining
17 administrative costs above 1%; and
18
19 NOW THEREFORE BE IT RESOLVED, by the Mayor and Board of Trustees of the Village of
20 Skokie, Cook County, Illinois, that the Village of Skokie does hereby commit certain resources,
21 including but not limited to Village staff time, for use in conjunction with the CDBG Hurricane IKE
22 Disaster Recovery Program.
23
24 BE IT FURTHER RESOLVED, by the Mayor and Board of Trustees of the Village of Skokie,
25 Cook County, Illinois, that the Village of Skokie shall be responsible for any administrative costs above
26 1% of the CDBG award.
27 PASSED this day of February, 2012.
28
29 Ayes:
30 Nays: Village Clerk
31 Absent:
32 Approved by me this day of
33 Attest: February, 2012.
34
35
36
37 Village Clerk Mayor, Village of Skokie
38



 Page 1 of 1

 VOSDOCS-#396276-v1-Resolution__Pre-Application_&_Committment_of_Funds__CDBG-IKE_Disaster_Recovery
 JPH: 2/6/12 Manager’s Report
 A
 nd
 2/21/12 2 Reading

 THIS ORDINANCE MAY BE CITED AS
 VILLAGE ORDINANCE NUMBER

 12-2-T-

 AN ORDINANCE PROVIDING FOR THE ADDITION OF A PORTION OF
 OAKTON STREET, FROM LONG AVENUE TO SKOKIE BOULEVARD,
 TO THE MUNICIPAL STREET SYSTEM OF THE VILLAGE OF SKOKIE,
 COOK COUNTY, ILLINOIS

 1 WHEREAS, the County of Cook (the "County") has jurisdiction over a portion of
 2 Oakton Street, located in Skokie, Illinois, specifically, from the east edge of Long Avenue to the
 3 west edge of Skokie Boulevard (hereinafter the “Subject Street”); and

 4 WHEREAS, the Village of Skokie (the “Village”) is planning roadway, sidewalk and other
 5 improvements to the Subject Street; and

 6 WHEREAS, the Village and County have previously entered into a maintenance
 7 agreement in relation to the Subject Street, whereby the Village performs maintenance duties
 8 including snow plowing, street sweeping and landscaping, street lights and banners, and sewer
 9 and water main maintenance; and

10 WHEREAS, the Village and the County are desirous for the Subject Street to become part
11 of the Village’s “Municipal Street System” and formally come under the Village’s jurisdiction and
12 control; and

13 WHEREAS, the Mayor and Board of Trustees concurred in the Village Manager’s
14 recommendation to accept jurisdiction of the Subject Street, and passed Village Resolution
15 Number 12-2-R-1174, on February 6, 2012, approving and authorizing a Local Agency
16 Agreement for Jurisdictional Transfer (the “Agreement”) between the Village and the County
17 for the transfer of the Subject Street to the Village’s jurisdiction; and

18 WHEREAS, under the terms of the Agreement, the Village will assume the jurisdiction
19 and maintenance of the Subject Street twenty-one (21) days from the date of execution of the
20 Local Agency Agreement for Jurisdictional Transfer by the Illinois Department of Transportation
21 and the Village will add the Subject Street to the Village’s “Municipal Street System,” as the term
22 is defined by Section 2-104 of the Illinois Highway Code; and

23 WHEREAS, the Village Manager recommended to the Mayor and Board of Trustees
24 that the (i) Village accept jurisdiction of the Subject Street from the County and (ii) the
25 Subject Street be added to the Village’s Municipal Street System;
26
27 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the
28 Village of Skokie, Cook County, Illinois:

29 Section 1: That the above stated Recitals are material and are hereby restated and
30 incorporated herein as if stated in full.


 Page 1 of 2

 VOSDOCS-#395338-v1-Ordinance__Jurisdictional_Transfer__Oakton_Street__Long_Ave__to_Skokie_Blvd_
 1 Section 2: That the Village of Skokie agrees to accept jurisdiction of Oakton Street,
 2 from the east edge of Long Avenue to the west edge of Skokie Boulevard, from the County and
 3 to add the aforementioned portion of Oakton Street to the Village’s Municipal Street System.
 4 The acceptance of jurisdiction and the addition to the Municipal Street System will become
 5 effective twenty-one (21) days after the date of execution of the Local Agency Agreement for
 6 Jurisdictional Transfer by the Illinois Department of Transportation.

 7 Section 3: That this Ordinance shall be in full force and effect from and after its
 8 passage, approval and publication as provided by law.

 9
 ADOPTED this day of February, 2012.

 Ayes:
 Nays: Village Clerk
 Absent:

 Attested and filed in my office Approved by me this day of
 this day of February, 2012; February, 2012.
 and published in pamphlet form
 according to law from February
 , 2011 to March , 2012.
 Mayor, Village of Skokie


 Village Clerk
10
11
12




 Page 2 of 2

 VOSDOCS-#395338-v1-Ordinance__Jurisdictional_Transfer__Oakton_Street__Long_Ave__to_Skokie_Blvd_
 JPH: 2/21/12
 B
 THIS RESOLUTION MAY BE CITED AS
 VILLAGE RESOLUTION NUMBER

 12-2-R-

 A RESOLUTION AUTHORIZING THE
 PUBLICATION OF THE OFFICIAL ZONING MAP
 FOR THE VILLAGE OF SKOKIE, ILLINOIS

 1 WHEREAS, Section 11-13-19 of the Illinois Municipal Code, 65 ILCS 5/11-13-19,
 2 provides that the corporate authorities shall cause to be published each year a map clearly
 3 showing the existing zoning uses, divisions, restrictions, regulations and classifications of such
 4 municipality for the proceeding calendar year (hereinafter the “Official Zoning Map”); and
 5
 6 WHEREAS, the Community Development Department staff for the Village of Skokie (the
 7 “Village”) have reviewed the prior Official Zoning Map for the Village and made all necessary
 8 changes, corrections and alterations that have occurred since its publication in order to prepare
 9 the proposed Official Zoning Map; and
10
11 WHEREAS, the Director of Community Development has reviewed the proposed Official
12 Zoning Map for the Village, a copy of which is attached hereto and marked Exhibit “1”, and
13 recommends it be published and printed as the Official Zoning Map of the Village;
14
15 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the
16 Village of Skokie, Cook County, Illinois, that the recommendation of the Director of Community
17 Development is accepted and the proposed Official Zoning Map, as prepared by the Community
18 Development Department, a copy of which is attached hereto and marked as Exhibit “1”, is
19 declared to be the Official Zoning Map for the Village.
20
21 BE IT FURTHER RESOLVED by the Mayor and Board of Trustees that the Director of
22 Community Development is hereby authorized and directed to proceed with the printing and
23 publication of the Official Zoning Map for the Village in accordance with law.
24
25 BE IT FURTHER RESOLVED by the Mayor and Board of Trustees that the Director of
26 Community Development is hereby authorized to print and publish amended Zoning Maps
27 throughout 2012 that reflect changes that may occur as a result of ordinances that become
28 effective during 2012.
29 PASSED this day of February, 2012.
30
31 Ayes: ___________________________________
32 Village Clerk
33 Nays:
34 Absent:
35 Approved by me this day of
36 Attest: February, 2012.
37
38
39
40 Village Clerk Mayor, Village of Skokie



 Page 1 of 1
 VOSDOCS-#396652-v1-Resolution__Zoning_Map_Publication__2012
Exhibit 1
 st
 JPH: 12/5/11 1 reading
 C
 nd
 2/21/12 2 reading


 THIS ORDINANCE MAY BE CITED AS
 VILLAGE ORDINANCE NUMBER

 12-2-C-

 AN ORDINANCE AMENDING CHAPTER 22, SECTION 22-413,
 CHAPTER 46, SECTION 46-123, AND CERTAIN SECTIONS OF
 CHAPTER 82 OF THE SKOKIE VILLAGE CODE PERTAINING
 TO SIGNS AND SIGN FEES

 1 WHEREAS, Chapter 22, Section 22-413, of the Skokie Village Code provides for
 2 window signage in vacant buildings; and

 3 WHEREAS, Chapter 46, Section 46-123, of the Skokie Village Code provides for sign
 4 fees; and

 5 WHEREAS, Chapter 82 of the Skokie Village Code provides for regulations pertaining
 6 to signage in the Village; and

 7 WHEREAS, at the direction of the Mayor and Board of Trustees, the Appearance
 8 Commission reviewed the Downtown Area Sign Guidelines and amendments to the Village
 9 Code pertaining to signage in the Downtown area, as proposed by the Village’s consultant,
10 JJR, and staff; and

11 WHEREAS, as part of the Village’s efforts to assist businesses operating or wanting to
12 locate in the Downtown area, many of the guidelines and proposed code amendments are
13 effective only for the CX Core Mixed-Use district, however, several proposed code
14 amendments would also apply to businesses throughout the Village; and

15 WHEREAS, the Appearance Commission, after receiving input from the Board,
16 IMODS, the Chamber of Commerce, and the public, concurred with the recommendations
17 made by JJR and staff, and recommended to the Village Manager that certain sections of the
18 of the Village Code pertaining to signage be updated, including new sign types that are not
19 currently allowed by the Code; and

20 WHEREAS, the Village Manager recommended to the Mayor and Board of Trustees
21 that Chapter 22, Section 22-413, Chapter 46, Section 46-123, and certain sections of Chapter
22 82 of the Skokie Village Code be amended accordingly; and

23 WHEREAS, the Mayor and Board of Trustees at a public meeting duly held on
24 December 5, 2011, concurred in the aforesaid recommendation of the Village Manager; and

25 NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Board of Trustees of the
26 Village of Skokie, Cook County, Illinois;

27 Section 1: That Chapter 22, Section 22-413, Chapter 46, Section 46-123, and
28 Chapter 82 of the Skokie Village Code be and the same are hereby amended in the manner

 Page 1 of 13
 VOSDOCS-#393598-v1-Ordinance__Code_Amendment__Chapters_22__46_&_82__Signs_&_Sign_Fees
 1 hereinafter indicated. The new material is highlighted in bold and the material to be deleted
 2 is highlighted and stricken through.

 3 Chapter 22 BUILDINGS AND BUILDING REGULATIONS
 4 …
 5 ARTICLE XIII. VACANT BUILDINGS
 6 …
 7 Sec. 22-413. Owner responsibilities.
 8 …
 9 (5) Install a Knox "Rapid Entry" key box at all vacant buildings/units within 30 days
10 of vacancy. Commercial and industrial buildings that already have a Knox box
11 do not need to install a box for individual units;
12 (6) The owner of a vacant property with ground floor windows facing a street shall:
13 a. Window covering. Cover the windows with a window display or
14 decorative screening approved by the Village. Each window shall have
15 at least 80 percent coverage so as to obscure a direct public view of the
16 building interior. Allowable window coverage materials must be of one
17 color and shall be in the form of one of the following:
18 1. Plastic film;
19 2. Horizontal, pleated and vertical shades;
20 3. Pleated paper;
21 4. A display of products, with a backdrop, which are sold by other
22 businesses in a building, art work or an alternative window
23 covering may be permitted if submitted to and approved by the
24 Village Manager or designee.
25 b. Window signage. The only type of window sign that shall be allowed is a
26 real estate sign for the sale or rental of that property that does not
27 exceed 25 percent of the total of a window pane area. Only one sign
28 shall be allowed per street frontage for a building. A window sign shall
29 not be allowed if a ground sign is used to advertise the sale or rental of
30 the property;. Additional window signs shall be allowed if the
31 property is participating in the Village’s Window Covering
32 Program.
33 …
34 Chapter 46 FEES FOR LICENSES, SERVICES AND PERMITS*
35 …
36 ARTICLE IV. BUILDING PERMITS AND RELATED FEES
37 …
38 Sec. 46-123. Signs and promotion/special displays.
39 Permit fees. Fees for sign permits are as follows:

 Page 2 of 13
 VOSDOCS-#393598-v1-Ordinance__Code_Amendment__Chapters_22__46_&_82__Signs_&_Sign_Fees
 1 (1) Non-illuminated signs . . . $50.00
 2 (2) Temporary signs . . . 20.00
 3 (3) Marquees . . . 100.00
 4 (4) Illuminated signs . . . 75.00
 5 (5) Canopies or awnings with signage . . . 50.00
 6 (6) Promotional/special displays
 7 Each 14 day period . . . 70.00
 8 30 days . . . 150.00
 9 (7) Sandwich signs … 20.00
10 Impound fees shall be as follows:
11 a. First offense … 50.00
12 b. Second offense … 100.00
13 c. Third offense and thereafter … up to 750.00
14 …
15 Chapter 82 SIGNS*
16 …
17 Sec. 82-2. Definitions.
18 …
19 Public right-of-way means all of the land included within an area which is dedicated,
20 reserved by deed or granted by easement for a street, alley, walkway, parkway or easement,
21 in which the public, public agencies, utilities and service have access at all times.
22 Rigid materials means a material or composition of materials which cannot be folded
23 and can support its own weight when rested upon parallel edges of such materials.
24 Sign means any device designed to inform or attract the attention of persons, and any
25 structure or part thereof, or device attached thereto, painted or represented thereon, which
26 displays or includes any letter, word, model, insignia, device which is in the nature of an
27 announcement, direction or advertisement. The term "sign" shall include but shall not be
28 limited to the following:
29 (1) Ground sign. Any sign supported by uprights, solid base, columns, poles, posts
30 or braces placed in the ground and not attached to any building.
31 (2) Wall sign. Any sign attached, applied to, or placed flat against the exterior front,
32 rear or side wall or fascia of any building or other structure.
33 (3) Temporary sign. Any sign, banner, bunting, pennant, valance, or advertising
34 displayed for a limited time period allowed by the this Code or Village
35 ordinances or regulations.
36 (4) Marquee. Any fixed hood, designed primarily for advertising purposes, which is
37 constructed of metal or other noncombustible material, supported solely by and
38 extending from the building to which it is attached.

 Page 3 of 13
 VOSDOCS-#393598-v1-Ordinance__Code_Amendment__Chapters_22__46_&_82__Signs_&_Sign_Fees
 1 (5) Canopy and awning. Any hood, designed to provide pedestrian shelter, made
 2 of cloth or an approved membrane, with metal frames attached to a building
 3 and carried by a frame supported by the ground, sidewalk or wall.
 4 (6) Window sign. Those signs, regardless of material, which are on the inside or
 5 outside surface of the window. Signs, packaged products, packaging materials
 6 and other opaque materials which are not placed upon the surface of a window
 7 shall be considered to cover the window if they are placed in such a manner as
 8 to achieve the same visual result within 36 inches of the window surface. A
 9 permanent window sign is a sign that is displayed on a constant basis for more
10 than 4 weeks. A temporary window sign is a sign that is displayed on a
11 constant basis for 4 weeks or less.
12 (7) Painted sign. Signs painted directly on an exterior wall, fascia or parapet of a
13 building or fence, or on a chimney.
14 (8) Roof sign. A sign, any portion of which is erected, constructed and maintained
15 above any portion of the roof of a building.
16 (9) Projecting sign. A sign attached to a structure which projects greater than 12
17 inches from the exterior wall of the structure.
18 (10) Flashing sign. Any illuminated sign on which the artificial light(s) are not
19 maintained in a stationary condition or constant in intensity and color at all
20 times when such sign is illuminated. For purposes of this definition only,
21 stationary condition or constant in intensity and color, shall mean such imagery
22 shall not change more than once in any 24 hour period.
23 (11) Restaurant Information sign. A case or frame containing a menu limited
24 to 20 inches in height and four hundred (400) square inches attached to a
25 building where a restaurant is located.
26 (12) Blade sign. A projecting sign allowed only in the CX Core Mixed-Use
27 district attached to the exterior front, rear or side wall or fascia of any
28 building or other structure to identify a business use where a wall sign is
29 allowed.
30 (13) A-Frame sign. A freestanding sign constructed of two ridged sheets of
31 material that are hinged on top that is used to display the name of the
32 business, information concerning the services or products provided by
33 the business and the cost of the same.
34 (11 14)Illuminated sign. Any sign which has characters, letters, figures, designs or
35 outlines lit by electric lights, luminous tubes or any other light source.
36 Signable area means a designated area of the facade of a building, the boundaries of
37 which shall form a square, rectangle or other Appearance Commission approved shape,
38 which is free of windows, doors and all major architectural details. Only 1 signable area may
39 be established for a facade of a building. In no event shall the signable area of a building
40 exceed, in square footage, 1/3 of the square footage of any facade of the building.
41 …
42 Sec. 82-7. Exempt signs.
43 ...

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 1 (9) Monument signs. Plaques, tablets, cornerstones, or lettering inlaid into the
 2 architectural materials of a building or structure not exceeding 4 square feet,
 3 denoting the name of that structure and date of erection.
 4 (10) Promotions/special displays. A non-animated display or promotion, including
 5 the use of bunting, flags or pennants, which shall be permitted for 1 period in
 6 each calendar year for a maximum of 9 days. A separate permit for such
 7 display or promotion shall be required for each instance of its use. The display
 8 of 4 American flags shall be allowed on a permanent or temporary basis
 9 without a permit, provided that each flag does not exceed 24 square feet. The
10 pole height shall be limited to the zoning district height limitation. A banner
11 shall be permitted for 3 periods in each calendar year for a maximum of
12 14 days per period, or one 30 day period. A separate permit for such
13 display or promotion shall be required for each instance of its use
14 subject to the following conditions:
15 a. Temporary banners are permitted for any non-residential use in
16 any non-residential district.
17 b. Temporary banners are limited to 32 square feet for uses less than
18 20,000 square feet in gross floor area. Uses with a gross floor area
19 of 20,000 square feet or more shall be allowed a temporary banner
20 with a maximum area of 48 square feet.
21 c. Only one banner is permitted per street frontage of the property.
22 d. Only one banner is allowed at one time for tenants in a multiple
23 tenant property.
24 e. No temporary banner may be located higher than the roof line of
25 the building to which it is attached or, if attached to a permanent
26 sign, higher than the permanent sign.
27 f. All materials must be nonflammable.
28 g. The banner must be maintained in a safe and aesthetically
29 pleasing condition. A banner that becomes illegible, damaged, or
30 is otherwise in poor condition, must be removed.
31 (11) Real estate signs. Signs pertaining to the sale, rental, management or lease of
32 real property, referred to in this section as "real estate signs," subject to the
33 following conditions:
34 a. Real estate signs shall be non-illuminated, and no more than 1 sign per
35 street frontage shall be posted on any property.
36 b. No real estate sign pertaining to residential property may contain more
37 than 4 square feet, excluding the post. When computing the 4-square-
38 foot area, any marking or symbol which identifies a real estate licensee
39 or group of real estate licensees shall be included.
40 c. A placard stating "Open House" may be temporarily erected on or
41 above a residential sign on the subject property and 1 off-premises
42 directional sign may be permitted on private property or the public
43 parkway on Sundays from noon to 5:00 p.m. and Tuesdays from 9:00


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 1 a.m. to 1:00 p.m. The term "public parkway" shall not include the
 2 median strip. Any such directional sign shall not exceed 30 inches for a
 3 minimum distance of 15 feet from a street intersection or alley/street
 4 intersection. Signs set back more than 15 feet shall have a maximum
 5 height of 3 feet. Directional signs must indicate the real estate agency
 6 or individual responsible for the placement of the sign.
 7 d. A real estate sign advertising "vacant business or industrial property"
 8 shall not exceed 24 square feet from for property with a street frontage
 9 up to 100 feet and shall have a sign setback of 6 feet from the property
10 line. For property with more than 100 feet of frontage, the sign shall not
11 exceed 48 square feet and shall have a sign setback of 8 feet from the
12 property line. In the CX Core Mixed-Use district, a real estate sign
13 advertising “vacant business property” shall not exceed 24 square
14 feet for property with a street frontage up to 100 feet. For property
15 with more than 100 feet of frontage, the sign shall not exceed 48
16 square feet. Window signage shall not exceed 25 percent of the
17 total of a window pane area. Only one sign shall be allowed per
18 street frontage of the building. A window sign shall not be allowed
19 if a ground or wall sign is used to advertise the sale or rental of the
20 property. Additional window signs shall be allowed if the property
21 is participating in the Village’s Window Covering Program.
22 e. Nothing contained in this section shall be construed to permit the
23 maintenance or installation of any sign which promotes an unlawful
24 housing practice pursuant to federal, State, or local laws or regulations.
25 ...
26 (14) Restaurant Informational sign. As defined in Section 82-2.
27 …
28 Sec. 82-11. Prohibited signs.
29 Prohibited signs shall include the following:
30 (1) All signs specifically or generally prohibited by other sections of this chapter.
31 (2) Signs painted directly on a building surface.
32 (3) Roof signs, except as provided for in this chapter.
33 (4) Projecting signs.
34 (5) Inflated or air-supported signs.
35 (6) Signs painted or attached directly to a vehicle for advertising purposes when
36 the vehicle is used primarily for advertising purposes and not for transportation.
37 (7) Flashing signs.
38 …
39 Sec. 82-13. General requirements.
40 …



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 1 (e) Sign face and smoothness. Any sign which is installed or maintained within 5
 2 feet of a public right-of-way shall have no nails, tacks, wires or other
 3 projections, except illuminating devices, which may extend in front of the sign.
 4 (f) Illumination.
 5 (1) Exterior and interior illumination shall be permitted on all signs except
 6 temporary signs and blade signs. All illuminating devices shall be
 7 completely shielded from view beyond the lot line in order to prevent
 8 glare upon the street or adjacent property.
 9 (2) Letter or symbols having channeled neon lighting, with the light source
10 flush or in line with the face of the letters or symbols, are permitted.
11 (3) In no instance shall the lighting intensity of any sign exceed 75
12 footcandles when measured with a standard light meter perpendicular
13 to the face of the sign from a distance equal to the narrowest dimension
14 of the sign.
15 Sec. 82-14. Construction and installation.
16 (a) Ground signs.
17 (1) Construction.
18 a. Any movable part of a ground sign shall be securely fastened by
19 chains or hinges. Movable parts shall include but shall not be
20 limited to the cover of the service opening.
21 b. Lettering or advertising designs illuminated from the interior shall
22 be composed of noncombustible or approved combustible
23 materials.
24 c. All letters, figures, characters or representations in cut-out or
25 irregular form maintained in conjunction with, attached to, or
26 superimposed upon any sign shall be safely and securely built or
27 attached to the sign structure.
28 (2) Installation.
29 a. Every ground sign shall be securely constructed, erected and
30 installed upon posts and standards extending at least 3 feet
31 below the natural surface of the ground.
32 b. All wood posts, anchors and bracings shall be treated to protect
33 them from moisture by creosoting or other approved form of
34 moisture protection.
35 c. Where pedestrians or vehicles may reasonably pass beneath or
36 within 2 feet of the perimeter of the sign, there shall be no less
37 than 10 feet of open space between the ground and the bottom
38 of the sign structure. In areas where pedestrians may pass but
39 vehicles are prohibited, a ground sign may be supported at a
40 height less than 10 feet off the ground. In all circumstances, a
41 pedestrian barrier shall be provided which is a maximum height
42 of 30 inches and a minimum height of 24 inches.


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 1 d. No part of a ground sign supported above ground level shall
 2 extend horizontally more than 1/2 its height from the pole or
 3 column to which it is attached.
 4 e. All ground signs and related structures shall be located entirely
 5 on private property. In the CX Core Mixed-Use district ground
 6 signs shall be located in a landscaped bed that extends
 7 beyond the plan dimensions of the sign. The landscape bed
 8 shall be elevated a minimum of 12 inches high, and shall be
 9 planted with shrubs, perennials, and/or groundcovers.
10 f. All wiring shall be contained in rigid conduit or enclosed in poles
11 or raceways. Wiring shall not be visible to the public.
12 …
13 (c) Temporary signs.
14 (1) Construction.
15 a. No temporary sign of combustible material shall exceed 4 feet in any of
16 its dimensions if it is attached to an exterior building wall or other stable
17 structure.
18 b. Every temporary sign with an area in excess of 16 square feet, if it is
19 attached to an exterior building wall or other stable structure, shall be
20 made of rigid materials.
21 (2) Installation.
22 a. Every temporary sign shall be attached to an exterior building wall or
23 other stable structure with an approved anchorage, with the exception
24 of A-frame signs allowed in the CX Core Mixed-Use district.
25 b. No temporary sign shall extend more than 4 inches beyond the face of
26 the wall or structure to which it is attached.
27 c. No temporary sign or its supports shall cover wholly or partially any wall
28 opening, or project beyond the ends or top of the building or wall to
29 which it is attached.
30 …
31 Sec. 82-16. Unlawful freestanding signs.
32 (a) It shall be unlawful for any person to install within the Village, except the CX Core
33 Mixed-Use district, any freestanding sign which is not attached to the ground or to an
34 existing structure in the manner provided in this chapter.
35 (b) Temporary freestanding A-frame signs are permitted in the CX Core Mixed-Use
36 district with the following restrictions:
37
38 1. Limited to 6 square feet in area (each side) and 4 feet in height.
39 2. Use of sign is limited to business hours (sign must be stowed indoors
40 during off hours) and must not be used outdoors in high winds. The sign



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 1 must not be used when snow accumulation is 2 inches or more and shall
 2 not be placed in a snow bank.
 3 3. One sign is permitted per business.
 4 4. Sign must be placed within 10 feet of the center of the primary entrance
 5 of the business, but not directly in front of the business door or in front
 6 of an adjacent business.
 7 5. Placement of signs must maintain a five (5) foot sidewalk clearance at all
 8 times.
 9 6. Placement of signs must not violate standards of accessibility as
10 required by the ADA or Illinois accessibility codes.
11 7. Sign must be on building side of sidewalk.
12 …
13
14 Sec. 82-21. Product and service identification.
15 Product and service identification shall not occupy more than 25 percent of the surface
16 area of a single sign. This requirement shall not apply to exclusive dealerships, manufacturers
17 of name-brand products or the exclusive manufacturer's representatives, or single word
18 product or service identification or window signs. Phone numbers and website locations
19 shall only be allowed as part of a window sign.

20 Sec. 82-22. Awning, canopy or marquee signs.

21 (a) Number and placement. Each use shall be allowed only 1 awning, canopy or marquee
22 sign facing any street, mall, parking lot, or public access area where there is a
23 business entrance or display window. No awning, canopy or marquee sign shall be
24 permitted facing any residential use, except where it is the principal frontage. For
25 uses in the CX Core Mixed-Use district, an individual awning, canopy or
26 marquee may be allowed over each door or window facing any street, mall,
27 parking lot, or public access area where there is a business entrance or display
28 window, however, only one awning, canopy or marquee per street frontage sign
29 shall be allowed to have lettering or a logo. The top of the awning, canopy or
30 marquee shall be at least 12 inches below the top of the building parapet or 10
31 percent of the façade above the first floor window line whichever is less.
32 (b) Area and design. The surface area of any sign affixed to an awning, canopy or
33 marquee shall not exceed 50 percent of the face to which it is attached or 100 square
34 feet, whichever is less. Letters or signs affixed to any awning, canopy or marquee
35 shall be subject to the following conditions:
36 (1) Letters, or lettering, or logos shall not project above the physical dimensions of
37 the awning, canopy or marquee. No letters shall exceed 18 inches in height,
38 nor shall any logo exceed 20 inches in height. For uses located in the CX
39 Core Mixed-Use district, if the business has a wall sign, the awning may
40 only contain a logo and address number and street. The address shall
41 not exceed 12 inches in height. The lettering or logo shall not exceed
42 one-third the area of the face parallel to the building. Letters or lettering
43 shall only identify the name or use of the business conducted therein, the

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 1 address number, and street name. Lettering or logos are allowed only on
 2 the canopy face that is parallel to the building wall.
 3 (2) The general character, color and style of all awnings and canopies shall relate
 4 to each other and be harmonious within the group of uses having common
 5 party walls.
 6 (3) Letters or lettering shall only identify the name or use of the business
 7 conducted therein, and the address number. The common name or identity for
 8 a group of uses may be substituted. The establishment/building owner may
 9 elect to designate the marquee, canopy or awning as the signable area as
10 defined in Section 82-27(c).
11 (4) No temporary sign shall be attached to or hung from a marquee, awning or
12 canopy except a sign painted or illuminated directly upon the vertical hanging
13 fascia of the structure, and such sign shall not be lower than 7 feet 6 inches
14 above the sidewalk or public right-of-way.
15 (5) No advertising material shall be placed upon the roof of or hung from any
16 awning, canopy or marquee.
17 (c) Approval. Any lettering, logo, or sign on an awning, canopy or marquee shall be
18 approved by the Appearance Commission.
19 (d) Height. The height of any awning, canopy, or marquee shall be regulated by Section
20 82-14(d) and (e).

21 Sec. 82-23. Window signs.

22 No more than 25 percent of an individual window pane surface shall be covered by
23 any type of sign. Signs, packaged products, packaging material and other opaque materials
24 shall be calculated in the window coverage area. Only one (1) sign per window pane or
25 glass door is allowed in the CX Core Mixed-Use district.
26 ...
27 Sec. 82-25. Temporary or sale signs.

28 No temporary or sale sign shall exceed 25 square feet in sign area or more than 25
29 percent of any window pane or other surface to which it is attached. Such a sign shall be
30 calculated as part of the total square footage of any other applicable permitted signs. No
31 temporary or sale signs made of paper or cardboard shall be affixed to any exterior window
32 surface, wall or other exterior surface of the structure. Such signs in the CX Core Mixed-
33 Use district shall not be hand drawn or hand written except for those on A-frame signs.
34 …
35 Sec. 82-27. Mixed-Use and small business district uses.
36 (a) Applicability. This section applies to all signs in the NX Neighborhood Mixed-Use, TX
37 Transit Mixed-Use, and CX Core Mixed-Use, and B1 Service Commercial zoning districts and
38 signs on sites under 1 acre in the B2 Commercial and B3 Business zoning districts. All signs
39 listed in Section 82-12 shall be permitted subject to the conditions set forth in this chapter and
40 as regulated by this section.



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 1 (b) CX Core Mixed-Use District. Buildings in the CX Core Mixed-Use district undergoing
 2 historically correct renovations to their original appearance shall be exempt from the sign
 3 criteria in this chapter. However, all building signage, signage support structures, and
 4 illumination shall be subject to review and approval by the Appearance Commission and
 5 Board of Trustees.
 6 (c) Wall signs.
 7 (1) Signable area.
 8 a. The signable area shall be no greater than 1/3 of the commercial
 9 portion of the facade and shall be subject to the review and approval of
10 the Appearance Commission.
11 b. The signable area may be established on the following facades:
12 1. A facade facing a street frontage, except where it faces
13 residentially zoned property, unless it is the only street frontage.
14 2. A facade facing a mall, parking lot. or public access area where
15 there is a business entrance or display window.
16 (2) Number. Each business shall be allowed only 1 wall sign per signable area.
17 (3) Area. No wall sign shall have a gross surface area in excess of 1/3 of the
18 signable area. No letter or logo shall be larger than 36 inches in height. For
19 uses in the CX Core Mixed-Use district, no letter or logo shall be taller
20 than 24 inches for uses less than 10,000 square feet in area of the
21 building footprint. Uses 10,000 square feet or greater in size shall be
22 allowed letters or logos up to 36 inches. No wall sign shall be located closer
23 than 10 percent of the distance to the top or to the bottom of any fascia or
24 structural surface to which it is attached. No wall sign shall be wider than 80
25 percent of the width of an occupant's space with a minimum width of 2 feet
26 from each side of the tenant's space.
27 (4) Location. Wall signs shall be displayed only within the signable area of a
28 building, and only to the extent permitted by this chapter.
29 (5) Height. No wall sign shall extend over the top of the facade of any building to
30 which it is attached. The sign shall not be located above the sills of any
31 second-story window in the same elevation.
32 (6) Sign information. Signs shall only identify the name, use and/or logo of the
33 business conducted therein, and the address number.
34 (d) Ground signs.
35 (1) Number. There shall only be 1 ground sign at any single- or multiple-use site,
36 excluding ground signs used for directional purposes. Where there are
37 adjoining uses sharing party walls, there shall only be 1 ground sign to be used
38 jointly by all the adjoining uses. Each use shall have its proportionate share of
39 the sign area based on its proportion of the linear footage of building frontage.
40 (2) Area. No ground sign shall have a gross surface area in excess of 35 square
41 feet per face, with a maximum gross surface area of 70 square feet per sign for
42 a single occupant/use or common identity use. When more than 1 occupant is


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 1 listed or when a changeable copy sign is included, the square footage allowed
 2 may be increased to 50 square feet per face with a maximum gross surface
 3 area of 100 square feet per sign.
 4 (3) Location. No ground sign (other than directional signs such as entrance/exit
 5 signs) shall be located closer than its height, measured horizontally, to any
 6 interior lot line, rear lot line, or adjacent ground sign, subject to the approval of
 7 the Director of Engineering. No ground sign shall overhang or encroach upon
 8 any public sidewalk or other public right-of-way.
 9 (4) Height. No ground sign shall exceed a height of 18 feet or the top of the lowest
10 level or any roof or facade line of the associated building, whichever is less.
11 (e) Blade signs.
12 (1) Signable area.
13 a. The signable area shall be no greater than 1/3 of the commercial
14 portion of the façade and shall be subject to the review and
15 approval of the Appearance Commission.
16 b. The signable area may be established on the following facades:
17 1. A façade facing a street frontage, except where it faces
18 residentially zoned property, unless it is the only street
19 frontage.
20 2. A façade facing a mall, parking lots or public access area
21 where there is a business entrance or display window.
22 (2) Number. Each business shall be allowed only one (1) blade sign per
23 signable area. A blade sign is not allowed if the business has an awning
24 or a wall sign.
25 (3) Area. No blade sign shall have a gross surface area in excess of 10
26 square feet. No letter or logo shall be larger than 24 inches in height.
27 Blade signs shall all be at least as tall as wide and shall not project more
28 than 36 inches from the wall to which it is attached. The sign shall be
29 constructed of rigid material or of taut fabric and attached without chains
30 or diagonal bracing and have a maximum thickness of 3 inches. The sign
31 shall not be illuminated.
32 (4) Location. Blade signs shall be displayed only within the signable area of
33 a building, and only to the extent permitted by this chapter. No blade
34 sign shall be located closer than 10 percent of the distance to the top or
35 to the bottom of any fascia or structural surface to which it is attached. A
36 blade sign shall be located at least 2 feet from each side of the tenant’s
37 lease line.
38 (5) Height. No blade sign shall extend over the top of the façade of any
39 building to which it is attached. The sign shall not be located above the
40 sills of any second-story window in the same elevation. Height from the
41 top of the façade shall be 12 inches or 10 percent above the window line,
42 whichever is less. The minimum clearance from the ground shall be 8
43 feet.


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 1 (6) Sign Information. Signs shall only identify the name, use, and/or logo of
 2 the business conducted therein, and the address number.
 3 (ef) Maximum gross surface area. Maximum gross surface area of signs is 1/3 of all
 4 signable areas, as defined in Section 82-2 and allowed in subsection (c) of this section,
 5 excluding ground signs, as regulated in this section.

 6 Section 2: That this Ordinance shall be in full force and effect from and after its
 7 passage, approval and publication in pamphlet form as provided by law.
 8
 ADOPTED this day of February, 2012.

 Ayes:
 Nays: Village Clerk
 Absent:

 Attested and filed in my office Approved by me this day of
 this day of February, 2012; February, 2012
 and published in pamphlet form .
 according to law from February
 , 2012 to March , 2012.

 Mayor, Village of Skokie

 Village Clerk
 9
10




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North Shore Electricity Aggregation Consortium:
 Plan of Operation & Governance

 February 2, 2012
 TABLE OF CONTENTS



I. HISTORY AND PURPOSE OF MUNICIPAL AGGREGATION ............................................................................ 1

II. DEFINITIONS............................................................................................................................................. 2

III. ROLE OF THE CONSORTIUM..................................................................................................................... 4

IV. ROLE OF THE [CITY/VILLAGE] ................................................................................................................... 4

IV. ROLE OF THE AGGREGATION CONSULTANT ............................................................................................. 5

V. POWER SUPPLY SERVICE AGREEMENT...................................................................................................... 6

VI. PRICING................................................................................................................................................... 8

VII. IMPLEMENTATION PROCEDURES............................................................................................................ 8

VIII. ADDITIONAL SERVICE TERMS AND CONDITIONS.................................................................................. 13

IX. INFORMATION AND COMPLAINT NUMBERS .......................................................................................... 13
 North Shore Electricity Aggregation Consortium [February 2, 2012]



I. HISTORY AND PURPOSE OF MUNICIPAL AGGREGATION
Pursuant to Section 1‐92 of the Illinois Power Agency Act, 20 ILCS 3855/1‐92, the [City/Village] of ______ is
authorized to aggregate the electric loads of small commercial and residential customers located within its
municipal boundaries (herein referred to as “municipal aggregation”). As part of the municipal aggregation,
the [City/Village] of ______ may select a retail electric supplier and enter into a service agreement to facilitate
the purchase of electricity and related services and equipment on behalf of its residents and small businesses.

Additionally, the Act also states:

 The corporate authorities or county board may also exercise such authority jointly with any
 other municipality or county. Two or more municipalities or counties, or a combination of both,
 may initiate a process jointly to authorize aggregation by a majority vote of each particular
 municipality or county as required by this Section.

The municipalities of Deerfield, Glencoe, Highland Park, Lake Bluff, Lake Forest, Northbrook, Park Ridge, and
Skokie, voluntarily and through a formal Intergovernmental Agreement, have formed the “North Shore
Electricity Aggregation Consortium” (“Consortium”) to facilitate their cooperation toward obtaining the lowest
possible electricity rates for their respective residents and small businesses. The Consortium seeks to
collectively aggregate the retail electric loads of eligible residents and small commercial retail accounts and to
solicit bids for the purchase of that electricity. The Consortium intends to solicit bids seeking various pricing
options, contract terms, and options for increased volumes of renewable energy. With its large quantity of
eligible electric accounts, the Consortium has the potential to attract lower rates than the current default tariff
service rate, while also acquiring a cleaner power supply.

In accordance with the Act, on ___________, 201_, the [City/Village] approved [Resolution/Ordinance] No.
______, authorizing the placement of a referendum on the March 20, 2012 ballot, seeking authority to create
an opt‐out municipal aggregation program for its residents and small business customers. Voters approved
the municipal aggregation referendum at the March 20, 2012 primary election. Record of the authorizing
votes for the referendum is included in Attachment A to this Plan of Operation and Governance.

Prior to the passage of the referendum, the Consortium retained the services of a Consultant to assist with
planning and implementing the Program, bidding and selecting the electricity supplier, and advising
Consortium participating municipalities on public outreach and education related to municipal aggregation.

Residential and small commercial retail customers often lack the resources to conduct due diligence and
negotiate favorable terms with alternate retail electric suppliers on their own. The Program not only provides
these services, but provides the bargaining power achieved through the size of the Consortium. The municipal
aggregation program is designed to reduce the amount that residents and small businesses pay for electric
energy power supply and gain other favorable terms of service.

Neither the Consortium nor its participants will buy or resell power. Rather, the Consortium will competitively
bid and negotiate a contract with a competent and licensed alternative retail electric supplier (ARES) on behalf
of the Consortium participants to provide electric supply at contracted rates to residents and small businesses
in each Consortium community. The ARES shall provide accurate and understandable pricing and facilitate opt‐
out notifications. The ARES will also perform ancillary services for the Consortium participants as described in
this Plan.


Illinois Community Choice Aggregation Network 1
 North Shore Electricity Aggregation Consortium [February 2, 2012]




Because the [City/Village] adopted an opt‐out aggregation program, all eligible customers located within the
[City/Village] will participate in the Program unless they affirmatively elect to opt out of the Program. By
identifying the procedures by which customers may opt‐out of the Program, the [City/Village] ensures that
participation is voluntary and individuals have the ability to decline to participate.

As required by law, this Plan of Operation and Governance describes the [City/Village] plan for:

 1) Providing universal access to all applicable residential customers and equitable treatment of
 applicable residential customers;
 2) Providing demand management and energy efficiency services to each class of customers; and
 3) Meeting any other legal requirements concerning aggregated electric service.

Consortium participants conducted a public outreach campaign to educate Consortium residents and small
businesses about the Program, and to gather input regarding their preferences for the development of this
Aggregation Plan of Operation and Governance. Outreach efforts included public meetings, two statutorily‐
required public hearings, press releases, and discussions with organizations and residents with a background in
energy matters.

The [City/Village], the Consultant, and the selected ARES will follow the Plan of Operation and Governance set
forth in this document. Amendments to this Plan of Operation and Governance may be adopted in
accordance with the Act at the option of the [City/Village].


II. DEFINITIONS
In order to clarify certain terminology, the following terms shall have the meanings set forth below:

“Act” shall refer to the Illinois Power Agency Act, 20 ILCS 3855/1‐1 et seq.

“Aggregation” or “Municipal Aggregation” shall mean the pooling of residential and small commercial retail
electrical loads located within the municipality for the purpose of soliciting bids and entering into service
agreements to facilitate for those loads the sale and purchase of electricity and related services and
equipment, all in accordance with Section 1‐92 of the Act.

“Aggregation Consultant” or “Consultant” shall refer to any independent consultant with demonstrated
expertise in electric supply contracting that is retained by the [City/Village] to assist with the implementation
of the Program.

“Aggregation Member” or “Member” shall mean a residential or small commercial retail electric account
enrolled in the [City/Village] Municipal Aggregation Program.

“Aggregation Program” or “Program” shall mean the program established by the [City/Village], to provide
residential and small commercial members in the [City/Village] with retail electric supply as described in this
Plan.

“Alternative Retail Electric Supplier” or “ARES” shall mean an entity certified by the Illinois Commerce
Commission to offer electric power or energy for sale, lease or in exchange for other value received to one or


Illinois Community Choice Aggregation Network 2
 North Shore Electricity Aggregation Consortium [February 2, 2012]


more retail customers, or that engages in the delivery or furnishing of electric power or energy to such retail
customers, and shall include, without limitation, resellers, aggregators and power marketers, but shall not
include the Electric Utility or the Aggregation Members. For purposes of this Plan, the definition of Alternative
Retail Electric Supplier is more completely set forth in 220 ILCS 5/16‐102.

“Ancillary Services” shall mean the necessary services that must be provided in the generation and delivery of
electricity. As defined by the Federal Energy Regulatory Commission, “Ancillary Services” include, without
limitation: coordination and scheduling services (load following, energy imbalance service, control of
transmission congestion); automatic generation control (load frequency control and the economic dispatch of
plants); contractual agreements (loss compensation service); and support of system integrity and security
(reactive power, or spinning and operating reserves).

“[City/Village]” shall mean the [City/Village] of ____________.

“Commonwealth Edison” or “ComEd” shall mean the Commonwealth Edison Utility Company as the entity that
has a franchise, license, permit or right to distribute, furnish or sell electricity to retail customers within the
Consortium communities.

“Consortium” shall mean the North Shore Electricity Aggregation Consortium.

“Default Tariff Service” shall mean the electricity supply services available to eligible retail customers of the
Electric Utility.

“Electric Utility” shall mean Commonwealth Edison, as the entity that has a franchise, license, permit or right
to distribute, furnish or sell electricity to retail customers within the [City/Village].

“Eligible Retail Customer” shall mean the residential and small commercial retail customers of the Utility.

“ICC” shall mean the Illinois Commerce Commission as described in 220 ILCS 5/2‐101.

“IPA” shall mean the Illinois Power Agency.

“Joint Supply Power Bid” shall mean the single procurement process utilized by the Consortium on behalf of its
participating municipalities to solicit price and service offers from certified Alternative Retail Electric Suppliers.

“Load” shall mean the total demand for electric energy required to serve the [City/Village] residential and
small commercial members in the Aggregation.

“Opt‐Out” shall mean the process by which a Member who would be included in the Program chooses not to
participate in the Program.

“Opt‐Out Notice” shall mean the notice delivered to each Member by the ARES, identifying the procedures
and protocols for the Member to opt out of, and choose not to participate in, the Program.

“PIPP” shall mean a Percentage of Income Payment Plan created by the Emergency Assistance Act, 305 ILCS
20‐18, to provide a bill payment assistance program for low‐income residential customers.




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 North Shore Electricity Aggregation Consortium [February 2, 2012]


“PJM” shall mean the PJM Interconnection, a regional transmission organization that coordinates the
movement of wholesale electricity in all or parts of 13 states and the District of Columbia including the
Commonwealth Edison service territory.

“Plan” shall mean this Aggregation Plan of Operation and Governance.

“Power Supply Service Agreement” or “Service Agreement” shall mean the contract between the [City/Village]
and the Alternative Retail Electric Supplier.

“REC” shall mean duly certified and verified Renewable Energy Credits.

“Retail Customer Identification Information” shall mean the retail customer information supplied by the
Electric Utility to the ARES in connection with the implementation of the Aggregation Program.

“Small Commercial Retail Customer” shall mean a retail customer with an annual peak demand of 100 kW or
less; provided, however, that the definition of Small Commercial Retail Customer shall include such other
definition or description as may become required by law or tariff.

III. ROLE OF THE CONSORTIUM
A. The Consortium, with the assistance of the Consultant, has conducted a Joint Supply Power Bid, utilizing
 the agreed‐to technical specifications, bidder requirements, bidding processes, and contract documents,
 to select a single Alternative Retail Electric Supplier (ARES). The Consortium has evaluated the bids
 received and has recommended a single Alternative Retail Electric Supplier to serve as the electricity
 supplier to all participating municipalities in the Consortium.

B. After passage of the referenda within the Consortium participant municipalities, the Consortium, with the
 assistance of the Consultant, prepared and submitted to ComEd a warrant, demonstrating the passage of
 each Consortium participant’s referendum and requesting the identification of retail and small commercial
 electric customer account information and generic load profiles for each Consortium participant.

C. After the adoption of this Plan, the corporate authorities of the [City/Village] will consider approval of the
 Service Agreement with the selected ARES for the provision of electrical power to the [City/Village]’s
 Program pursuant to the Joint Power Supply Bid.

D. After the adoption of this Plan, the Consortium, with the assistance of the Consultant, shall prepare data
 requests for each Consortium participant to submit to ComEd seeking the generic account data of
 residential and small commercial retail customers for the Consortium participant.


IV. ROLE OF THE [CITY/VILLAGE]
A. The [City/Village] shall be responsible for all financial obligations identified in the Intergovernmental
 Agreement establishing the Consortium.

B. The [City/Village] shall be responsible for issuing all required public notices and conducting all required
 public hearings concerning this Plan, and any amendments thereto, in accordance with Section 1‐92 of the
 Act.


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 North Shore Electricity Aggregation Consortium [February 2, 2012]


C. The [City/Village] shall be responsible for providing the Consultant and ARES with resources and publicly
 available material to screen out customers who are not located within the municipal boundaries. Those
 resources may include any or all of the following: property records, water and/or sewer records, fire
 and/or police department address records, 911 address records, street listings, and maps.

D. The [City/Village] shall adopt: (1) an ordinance authorizing an opt‐out electric aggregation program; and
 (2) this Plan of Operation and Governance.

E. The [City/Village] may accept or reject the Consortium’s selected ARES or Power Supply Service
 Agreement. The [City/Village] is under no obligation to enter into any Power Supply Service Agreement
 with any ARES and may, in its discretion, choose to have its aggregation members remain on ComEd’s
 default tariff service, or to re‐bid the electric service under the same or amended terms of this Plan.

F. The [City/Village] and Consultant will review the customer list to remove ineligible customers; provided
 however, that the [City/Village] and Consultant shall have no responsibility to potential aggregation
 Members or the ARES for the accuracy of the customer account information provided.

G. The [City/Village] shall forward to ComEd requests for consumer account data.

H. The [City/Village] will maintain the customer information it receives in a confidential manner as required
 by law, and will use that information only for purposes of its Municipal Aggregation. The [City/Village]
 may assign access to the customer information to the Consultant for the purposes of soliciting supply and
 service bids on behalf of the [City/Village]. The Consultant is bound by confidentiality requirements in this
 regard, and shall only access and utilize consumer data at the direction of the [City/Village]. Customer
 account information will be considered confidential and will not be disclosed under the Freedom of
 Information Act, except as required by law.

I. The [City/Village] is not responsible for providing electricity to the members of the Aggregation, or for
 billing or collecting for electricity provided under any ARES power supply agreement, and has no
 responsibility beyond the duties described herein. ComEd will continue to provide a single bill to
 Aggregation Members for all electrical charges.

IV. ROLE OF THE AGGREGATION CONSULTANT
A. Duties. The Aggregation Consultant shall advise the Consortium and the [City/Village] and shall assist the
 [City/Village] with the development and implementation of its Municipal Aggregation Program, including
 advising staff and elected officials on all aspects of the program; developing all necessary documents,
 soliciting and reviewing bids received, making recommendations as appropriate, and monitoring the ARES’
 compliance with the requirements of the Service Agreement.

B. Required Independence and Disclosures. As required by the Electric Service Customer Choice Act, 220 ILCS
 5/16‐101 et seq., the Consultant will be in a fiduciary relationship with the Consortium and owes the
 Consortium and its participating municipalities the duty of loyalty and independent judgment. The
 Consultant will be disqualified if it acts as the agent for any ICC‐certified ARES. It is the duty of the
 Consultant to disclose any such relationships to the Consortium and to the [City/Village] and to terminate
 its agency for the ARES in the event of such a relationship. Breach of these terms may result in the
 termination by the Consortium of the agreement between the Consortium and the Consultant.



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C. Fee. The Consultant shall be paid directly by the Consortium in accordance with the separate agreement
 between the Consortium and the Consultant. The Consortium will be reimbursed by the ARES with whom
 the [City/Village] enters into a Service Agreement, in a manner to be approved by the Consortium and the
 [City/Village].

D. Confidentiality. The Consultant shall not have access to any confidential customer account information
 unless so allowed by the [City/Village] and bound by a confidentiality agreement. In the event the
 Consultant becomes privy to any confidential customer account information, it agrees not to use that
 information for any purposes outside the scope of the services provide by this Agreement, and specifically
 agrees not to use for itself, or to sell, trade, disseminate or otherwise transfer, that information to any
 other party for any purpose other than in furtherance of this Aggregation Program.

E. Consortium Assistance. The Consultant shall advise the [City/Village] on any changes in laws, rules, tariffs
 or any other regulatory matter that impacts the Aggregation during the term of the Service Agreement.

F. Ownership of Work Product. The Consultant shall not: (1) use any [City/Village] or Consortium work
 product for any other client; or (2) represent any [City/Village] or Consortium work product as its own.



V. POWER SUPPLY SERVICE AGREEMENT
The [City/Village], at its option, will execute a Power Supply Service Agreement with the selected ARES, in
accordance with the following:

A. Term. The [City/Village]’s first Power Supply Service Agreement shall be for a minimum of a one‐year
 period. If the Agreement is extended or renewed, the Consultant will notify the [City/Village] of changes
 in the rules of the ICC and IPA that require changes in rates or service conditions. The [City/Village] will
 have the discretion to set the length of any subsequent contract term.

B. Rate. The agreement shall specify the approved rates and the power mix for the Program, and shall
 specify additional fees (if any).

C. Supply of Power. The ARES shall supply electricity for the program that includes: (1) the minimum
 renewable energy resources required by the State of Illinois Renewable Portfolio Standard; and (2) at the
 option of the [City/Village], electricity that exceeds the current renewable energy resource requirements
 of the Illinois Renewable Portfolio Standard by securing Renewable Energy Credits sourced through PJM‐
 registered hydroelectric, wind, solar, photovoltaic or captured methane‐landfill gas.

D. Compliance with Requirements in the Bid. The agreement shall require the ARES to maintain all required
 qualifications, and to provide all services required pursuant to the Joint Supply Power Bid.

E. Compliance with Plan. The Agreement shall require the ARES to provide all services in compliance with
 this Plan, as may be amended. Specifically, and without limitation of the foregoing, the ARES shall provide
 the [City/Village] with such reports and information as required in this Plan.




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 North Shore Electricity Aggregation Consortium [February 2, 2012]


F. Non‐Competition. The ARES must agree not to solicit or contract directly with eligible Aggregation
 Program members for service or rates outside the Aggregation Program, and agrees not to use the
 member information for any other marketing purposes.

G. Hold Harmless. The ARES must agree to hold the [City/Village] financially harmless from any and all
 financial obligations arising out of its role as facilitator of the municipal aggregation.

H. Insurance. The contractor shall obtain and maintain, for the duration of the Service Agreement, such
 proof of insurance and performance security as the [City/Village] deems necessary.

I. Additional Services. The Agreement may provide that the ARES will assist the [City/Village] in developing a
 Member Education Plan. The Agreement may provide that the ARES will assist the [City/Village] in
 developing Energy Efficiency and/or Demand Response programs. The Agreement will not preclude the
 [City/Village] from developing its own Member Education, Energy Efficiency, and Demand Response
 programs.

J. Fees and Charges:

 1. Additional Fees Prohibited. Neither the [City/Village] nor the ARES will impose any terms,
 conditions, fees, or charges on any Member served by the Program unless the particular term,
 condition, fee, or charge is: (a) identified in this Plan; and (b) clearly disclosed to the Member
 at the time the Member enrolls in, or chooses not to opt out of, the Program.

 2. ComEd will continue to bill for Late Payments, Delivery Charges and Monthly Service Fee,
 etc. These charges apply whether or not a Member switches to the ARES.

 3. Termination, Enrollment, and Switching Fees shall not be charged except as permitted by this
 Plan.

K. Costs. All costs of the aggregation program development and administration will be paid by the ARES.

L. Termination of Service.

 1. End of Term. The Power Supply Service Agreement with the ARES will terminate upon its
 expiration. In the event that a renewal or new Power Supply Service Agreement has not been
 executed, the ARES will continue to provide service on a month to month basis after the
 expiration of the contract term until the [City/Village] provides it with 30 day written notice to
 discontinue providing service, at the rate set forth in the Power Supply Service Agreement.

 2. Early Termination. The [City/Village] will have the right to terminate the Service Agreement
 prior to the expiration of the term in the event the ARES commits any act of default. Acts of
 default include but are not limited to the following:

 a. Breach of confidentiality regarding Member information;

 b. The disqualification of the ARES to perform the services due to the lapse or revocation of
 any required license or certification identified as a qualification in the Joint Supply Power
 Bid;

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 North Shore Electricity Aggregation Consortium [February 2, 2012]


 c. ComEd’s termination of its relationship with the ARES;

 d. Any act or omission which constitutes deception by affirmative statement or practice, or
 by omission, fraud, misrepresentation, or a bad faith practice;

 e. Billing in excess of the approved rates and charges;

 f. Billing or attempting to collect any charge other than the approved kWh rates and
 contractually approved charges; or

 g. Failure to perform at a minimum level of customer service required by the [City/Village].

Upon termination for any reason, the [City/Village] will notify ComEd to return the Aggregation Members to
the Default Tariff Service. Upon termination, each individual Member will receive written notification from
the [City/Village] of the termination of the Program.


VI. PRICING
A. Commodity Price Settlement. The Consortium and the Consultant will request and receive from the
 selected ARES daily market price quotes upon: (i) the approval of the referendum in each municipality
 participating in the Consortium; (ii) approval by each municipality of the Program and the Plan; and (iii)
 execution by each municipality of its Power Supply Service Agreement with the selected ARES. The daily
 market price quotes will detail the line item costs of energy supply, capacity, transmission, ancillary
 services, and vendor margin available to the Consortium that day. The daily market price quotes will be
 reviewed by the Consultant to establish that the individual pricing details are i) consistent with market
 prices and tariffs; and ii) consistent with contract terms. If the daily mark price quote is deemed
 acceptable by the Consultant, the Consultant will inform the representatives of each Consortium
 participant of the price and pricing components and recommend acceptance. If accepted, the
 representatives of each Consortium participant will affirm acceptance of the commodity price verbally and
 in writing to the selected ARES.

B. Recording. The commodity price established for the Consortium will be added to the pricing appendix in
 each Consortium participant’s Power Supply Service Agreement. Costs associated with additional
 Renewable Energy Credits may be added to the commodity price settlement at the discretion of the
 [City/Village].


VII. IMPLEMENTATION PROCEDURES
A. Development of Member Database. Pursuant to ICC regulations, after this Plan is approved by the
 [City/Village], the [City/Village] Manager or his or her designee will then submit a Direct Access Request
 and Government Authority Aggregation Form to ComEd (ILL.C.C. No.10 Rate GAP Government Aggregation
 Protocols, Sheets 406‐411, April 17, 2011), requesting that it provide the [City/Village] with Retail
 Customer Identification Information. ComEd will provide the [City/Village] with the requested information
 within 10 business days after receiving the request in accordance with those adopted protocols.

 After selecting and contracting with an ARES, the [City/Village], with the assistance of the Consultant,
 under confidential agreement with the ARES, will work with the ARES to remove any customers
 determined to be ineligible due to one or more of the following:

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 North Shore Electricity Aggregation Consortium [February 2, 2012]




 1. The customer is not located within the [City/Village];

 2. The customer has a pre‐existing agreement with another ARES and has not delivered to the
 [City/Village] a written request to switch to the Aggregation Program;

 3. The customer has free ComEd service;

 4. The customer is an hourly rate ComEd customer (real time pricing);

 5. The customer is on ComEd’s electric heat rate; or

 6. The customer is on a ComEd bundled hold.

 The ARES and the [City/Village] will complete this eligibility review within 5 business days.

 The Retail Customer Identification Information will remain the property of the [City/Village], and the ARES
 will comply with the confidentiality and non‐compete provisions in the Service Agreement.

 After the Retail Customer Identification Information is reviewed, the ARES will mail the Opt‐Out Notices
 described below to all eligible account holders within the boundaries of the [City/Village].

 The ARES shall treat all customers equally and shall not deny service to any customer in the Aggregation,
 or alter rates for different classes of customers other than by offering the rates set forth in the Service
 Agreement.

B. Maintenance of Accurate and Secure Customer Records. The ARES will maintain a secure database of
 Customer Account Information. The database will include the ComEd account number, and ARES account
 number of each active Member, and other pertinent information such as rate code, rider code (if
 applicable), and usage and demand history. The database will be updated on an ongoing basis.

 The ARES shall preserve the confidentiality of all Aggregation Members’ account information and of the
 database, and shall agree to adopt and follow protocols to preserve that confidentiality. The ARES, as a
 material condition of any contract, shall not disclose, use, sell or provide customer account information to
 any person, firm or entity for any purpose outside the operation of this Municipal Aggregation Program.
 This provision will survive the termination of the agreement. The [City/Village], upon receiving customer
 information from ComEd, shall be subject to the limitations on the disclosure of that information
 described in Section 2HH of the Consumer Fraud and Deceptive Practices Act, 815 ILCS 505/2HH. The ARES
 will keep Customer Account Information for a minimum of two years following the termination of the
 Service Agreement.

C. Opt‐Out Process. The [City/Village]’s Aggregation is an opt‐out program pursuant to 20 ILCS 3855/1‐92.
 Any eligible electric account that opts out of the Program pursuant to the procedures stated below will
 automatically be placed on the ComEd default tariff service unless and until the accountholder chooses
 another ARES.

 1. Manner of Providing Notices and Information. The ARES will be required to pay for printing
 and mailing of all Aggregation and Opt‐Out Notices on [City/Village] envelope and letterhead.


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 North Shore Electricity Aggregation Consortium [February 2, 2012]


 The ARES will mail Aggregation and Opt‐Out Notices to the eligible account holders within the
 boundaries of the [City/Village] at the address provided with the Retail Customer
 Identification Information provided by ComEd. The ARES must manage the Opt‐Out Notice
 process under the supervision of the [City/Village] and the Consultant. A single database must
 be used to track account enrollment and billing data.

 2. Content of Notice. The [City/Village] and the ARES will agree to the format and contents of
 the Aggregation and Opt‐Out Notice prior to distribution or mailing. The Notice will inform the
 electric account owner of the existence of the Aggregation Program, the identity of the ARES,
 and the rates to be charged. The Notice will also inform PIPP customers of the consequences
 of participating in the Aggregation.

 The Notice will provide a method for customers to opt out of the Aggregation Program. The
 Notice shall indicate that it is from the [City/Village], and include the [City/Village] name and
 logo on the envelope. The Notice shall be signed by a duly‐authorized representative of the
 [City/Village].

 Aggregation Members shall have 21 calendar days from the postmark date on the notice to
 mail the Opt‐Out card back to the ARES stating their intention to opt out of the [City/Village]
 Aggregation Program (“Opt‐Out Period”). The ARES may offer additional means of opting out,
 such as a toll‐free number, website, smart device quick response code, email address or fax
 number, each of which must be received within the Opt‐Out Period. Upon receipt of an opt‐
 out reply, the ARES will remove the account from the Aggregation Program. The time to
 respond shall be calculated based on the postmark date of the notice to the customer and the
 postmark date of the customer’s response.

 After the expiration of the Opt‐Out Period, the Member list shall become final. All customers
 who have not opted out will be automatically enrolled as Members in the Program.
 Customers will not need to take any affirmative steps in order to be included in the Program.

 In the event that an eligible Aggregation Member is inadvertently not sent an Opt‐Out Notice,
 or is inadvertently omitted from the Program, the ARES will work with the [City/Village] and
 the Member to ensure that the Member’s decision to remain in, or opt out of, of the Program
 is properly recorded and implemented by the ARES.

 3. Notification to ComEd. Pursuant to ILL.C.C. No.10, Rate GAP, after the Opt‐Out Notice period
 has expired, the ARES shall submit the account numbers of participating Aggregation
 Members to ComEd and the rate to be charged to those members pursuant to the Service
 Agreement. The ARES will provide that information to ComEd in the format ComEd requires.

 4. ComEd will then notify members that they have been switched to the ARES and provide the
 member with the name and contact information of the ARES. Members will have the option
 to rescind their participation in the program according to procedures established by ComEd
 and the ARES.

D. Activation of Service. Upon notification to ComEd, the ARES will begin to provide electric power supply to
 the members of the Aggregation Program without affirmative action from the members. The service will


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 North Shore Electricity Aggregation Consortium [February 2, 2012]


 begin on the member’s normal meter read date within a month when power deliveries begin under the
 Aggregation Program.

E. Enrollments:

 1. New Accounts. The ARES must facilitate the addition of new member accounts to the
 Aggregation Program during the term of the Service Agreement. Residents and businesses
 that move into the community after the Opt‐Out Period will NOT be automatically included in
 the Aggregation Program. Members wishing to opt‐in to the Aggregation Program may
 contact the ARES to obtain enrollment information. All new accounts shall be entitled to the
 rates set forth in the Service Agreement.

 2. Re‐Joining the Aggregation Group. After opting out, Members may rejoin the Program at a
 later date in the same manner as new residents moving into the [City/Village]. These
 members may contact the ARES at any time to obtain enrollment information. All Members
 who re‐join the Program shall be entitled to the rates set forth in the Service Agreement.

 3. Percentage of Income Payment Plan (PIPP) participation. The ARES must facilitate billing for
 residents enrolled in the PIPP bill payment assistance program for low‐income residential
 customers. The ARES must also notify PIPP customers of the consequences of participating in
 the Aggregation.

 4. Change of Address. Members who move from one location to another within the corporate
 limits of the [City/Village] shall retain their participant status, pursuant to Section VII.G.4 of
 this Plan.

 5. The ARES will establish procedures and protocols to work with ComEd on an ongoing basis to
 add, delete or change any member participation or rate information.

F. Member Services:

 1. Program Management and Documentation: The ARES must have standard operating
 procedures in place that govern Member education, Opt‐out notification, Member inquiries,
 and public outreach regarding the Aggregation Program.

 2. Member Inquiries.

 a. Procedures for Handling Customer Complaints and Dispute Resolution. Concerns
 regarding service reliability should be directed to ComEd, billing questions should be
 directed to ComEd or the ARES, and any unresolved disputes should be directed to the
 ICC.

 b. Telephone Inquiries. The ARES must maintain a local or toll‐free telephone access line
 which will be available to Aggregation Members 24 hours a day, seven days a week.
 Trained company representatives will be available to respond to customer telephone
 inquiries during normal business hours. After normal business hours, the access line may
 be answered by a service or an automated response system, including an answering
 machine. Inquiries received after normal business hours must be responded to by a

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 North Shore Electricity Aggregation Consortium [February 2, 2012]


 trained company representative on the next business day. Under normal operating
 conditions, telephone answer times by a customer representative, including wait time,
 shall not exceed 30 seconds when the connection is made. If the call needs to be
 transferred, transfer time shall not exceed 30 seconds. These standards shall be met no
 less than 90 percent of the time under normal operating conditions, measured on a
 quarterly basis.

 c. Internet and Email. The ARES must establish and maintain a website for the Aggregation
 Members. The website will provide basic information concerning the Aggregation
 program and will facilitate member inquiries by providing a platform for the submission of
 questions by email or text. Responses to inquiries submitted through the website
 platform must be generated within 24 hours.

 d. Bilingual Services. The ARES must provide customer service for Members requiring non‐
 English verbal and written assistance.

 e. Hearing Impaired. The ARES must provide customer service for hearing impaired
 Members.

 3. The ARES will provide the Aggregation Members with updates and disclosures mandated by
 ICC and IPA rules.

G. Billing and Fees.

 1. Collection and credit procedures remain the responsibility of the Electric Utility and the
 individual Aggregation Member. Members are required to remit and comply with the
 payment terms of ComEd. The [City/Village] will not be responsible for late payment or non‐
 payment of any Member accounts. Neither the [City/Village] nor the ARES shall have separate
 credit or deposit policies for Members.

 2. Early Termination. Members may terminate service from the ARES without penalty if they
 relocate outside of the [City/Village]. Members who did not opt out of the Program during the
 Opt‐Out Period and who later leave the Program for other reasons may be assessed an early
 termination fee by the ARES not to exceed $25.

 3. Enrollment Fee. For any new Member that joins the Program after the activation of service by
 the ARES for the [City/Village], the ARES may charge an enrollment fee only to establish
 service at a property for which the ARES had not previously provided service in the preceding
 30 days. The ARES shall not charge any enrollment fee with respect to any property for which
 the identity of the Member is changed but at which service is interrupted for a period of less
 than 30 days. Any enrollment fee authorized pursuant to this Paragraph shall not exceed $25.

 4. Switching Fee. Members changing residency within the [City/Village] will not be assessed
 early termination or enrollment fees. The ARES shall continue service at the same rate and
 under the same terms and conditions for any Member who relocates within the [City/Village]
 prior to the expiration of the contract term, providing that the Member notifies the ARES of
 his or her desire to do so with 30 days’ notice. Moving within the [City/Village] may cause the
 Member to be served for a brief period of time by ComEd. The ARES shall have the right to bill
 the participant for any associated switching fee imposed by ComEd.

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 North Shore Electricity Aggregation Consortium [February 2, 2012]


H. Reliability of Power Supply: The Program will only affect the generation source of power. ComEd will
 continue to deliver power through their transmission and distribution systems. Responsibility for
 maintaining system reliability continues to rest with ComEd. If Members have service reliability problems,
 they should contact ComEd for repairs. The ICC has established “Minimum Reliability Standards” for all
 utilities operating distribution systems in Illinois. Member outages, duration of outages, interruptions,
 etc., are monitored to ensure reliability remains at satisfactory levels. In addition to maintaining the
 “wires” system, ComEd is required to be the “Provider of Last Resort.” This means that if the ARES fails for
 any reason to deliver any or all of the electricity needed to serve the Members’ needs, ComEd will
 immediately provide for the shortfall. ComEd would then bill the ARES for the power provided on their
 behalf. The Members would incur no additional cost.


VIII. ADDITIONAL SERVICE TERMS AND CONDITIONS
A. Member Education. At the direction of the [City/Village], the ARES will assist the [City/Village] in
 developing a Member Education Plan.

B. Reporting. The ARES will provide to the [City/Village] and to the Consultant the following reports:

 1. Power Mix Reporting. The ARES will deliver quarterly reports to the [City/Village] and the
 Consultant which substantiate that: (a) it generated or purchased electricity with the claimed
 attributes in amounts sufficient to match actual consumption by the [City/Village]; (b) the
 electricity was supplied to the interconnected grid serving the [City/Village].

 The report will show the source of the power and demonstrate that the power was provided
 in accordance with Renewable Portfolio Standards and the federal Clean Air Act regulations
 and permits.

 2. REC Reporting. The ARES will deliver reports that provide competent and reliable evidence to
 support the fact that it purchased properly certified RECS in a sufficient quantity to offset the
 non‐renewable energy provided in the mix.

 3. Aggregation Reports. The ARES will provide the [City/Village] with quarterly reports showing
 the number of Members participating in the Aggregation Program and the total cost for
 energy provided to the Aggregation as compared to the ComEd’s default tariff service rates.
 In addition, the ARES will report its efforts at member education.

C. Limitation of Liability. The [City/Village] shall not be liable to Aggregation Members for any claims,
 however styled, arising out of the aggregation program or out of any [City/Village] act or omission in
 facilitating the Municipal Aggregation Program.


IX. INFORMATION AND COMPLAINT NUMBERS
Copies of this Plan will be available from the [City/Village] free of charge at www.________ . Call XXX‐XXX‐
XXXX for more information. Any electric customer, including any participant in the [City/Village]’s aggregation
program, may contact the Illinois Commerce Commission for information, or to make a complaint against the
Program, the ARES or ComEd. The ICC may be reached toll free at 217‐782‐5793.



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 Electric Aggregation Referendum
 Alternative Residential Electricity Supply Services Referendum Question on March 20, 2012 Ballot
 On August 10, 2009, Governor Quinn signed into law aggregated electricity load of the municipalities that ap-
 Public Act 96-176 which amended the Illinois Power prove the referendum. If the referendum is approved in
 Agency Act to allow municipalities to arrange for the Skokie, the Village will proceed with the bid solicitation
 provision of electricity to residential and small commer- process, even if the referendum is not approved by the
 cial retail customers by alternative electric suppliers (in- voters of any of the other Consortium members.
 stead of ComEd). Under the new law, a municipality may
 If the referendum is approved on March 20 by voters in
 seek bids for the provision of aggregate electricity supply
 Skokie or other Consortium towns, bids will be solicited
 services to residential and small commercial customers,
 for the Consortium’s aggregated electricity load. The
 in hopes that the selected rate will be lower than the
 Consortium intends to seek proposed pricing for one-,
 standard rate offered by ComEd. The legislation contem-
 two- and three-year terms. The bids will be compared
 plates an “opt-out” program in which all residential and
 to ComEd’s current rates, and the Village only intends to
 small commercial retail customers would be automati-
 approve a bid that will result in electricity prices below
 cally switched to the alternative supplier selected by the
 current ComEd rates. Approval of the referendum does
 Village, unless a customer affirmatively decides not to
 not obligate the Village to implement an opt-out elec-
 participate in the program and continues service through
 tricity aggregation program. If a program is imple-
 ComEd or another provider. In order to seek competitive
 mented, all residential and small commercial retail
 prices for an opt-out electricity aggregation program, the
 customer accounts will automatically be moved to the
 Village must first obtain approval from residents through
 new supplier; however, information will be provided in
 a referendum which will occur on Tuesday, March 20.
 advance of the change to residents and commercial re-
 In November 2011, the Village Board approved a resolu- tail customers who may choose not to transfer their ac-
 tion to authorize placement of a referendum regarding count to another supplier and instead remain with
 an opt-out electricity aggregation program on the March ComEd.
 20, 2012, primary election ballot. Voters will be asked if
 Please note that, under an opt-out electricity aggrega-
 the Village should be given the authority to seek com-
 tion program, ComEd will remain the distributor of elec-
 petitive pricing bids for electricity services and to enter
 tricity in the Village; the selected alternative supplier will
 into a single contract that would include residents and
 merely generate the electricity provided and deliver it to
 small businesses if lower electric bills can be realized.
 ComEd for distribution. Additionally, customers will con-
 The Village is a member of the North Shore Electricity tinue to receive electricity bills from ComEd. Likewise,
 Aggregation Consortium, a group of eight north subur- ComEd will remain responsible for all distribution system
 ban municipalities working together to identify potential issues, including power outages.
 electricity cost savings. The other members of the Con-
 For more information, please contact Max Slankard,
 sortium are Deerfield, Glencoe, Highland Park, Lake
 Public Works Director, at 847/933-8427 or
 Bluff, Lake Forest, Northbrook and Park Ridge. Collec-
 max.slankard@skokie.org. 
 tively, the Consortium’s members will collaborate for the
 duration of the bidding process and seek prices for the

 Electric Aggregation Information • page 1
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 Electric Aggregation Information
 Electric Aggregation Frequently Asked Questions
 In November 2011, the Skokie Village Board of Trustees approved Resolution 11-11-R-1167 authorizing that the
 following question regarding electric aggregation be placed on the March 20, 2012 election ballot:

 “Shall the Village of Skokie have the authority to arrange for the supply of electricity for its residential and small
 commercial retail customers who have not opted out of such a program?”
 As a homeowner or small business owner, you may be wondering what this question means, and how it may or
 may not impact you. Below are several Frequently Asked Questions (FAQs) that will help you better under-
 stand electric aggregation and what it means for consumers.

 What is electric aggregation? contract will be negotiated to lock in the rate. Once
 the contract is approved, the Village will work with
 On August 10, 2009, Governor Quinn signed into law ComEd and the new provider to ensure that all individ-
 Public Act 096-0176 which allows municipalities to uals eligible for the new rate are automatically trans-
 arrange for the provision of electricity to residential ferred to the new supplier unless they have previously
 and small commercial retail customers by alternative opted out.
 electric suppliers (i.e. suppliers other than ComEd).
 Under the new law, the Village may seek bids for the If the Referendum does not pass, the Village Board will
 provision of aggregate electricity supply services to still be able to seek competitive bids under Illinois law,
 these customers, in hopes that the selected rate will but all of the Village’s residential and small commercial
 be lower than the standard rate offered by ComEd. accounts will not automatically be moved over to the
 new supplier. In this case, residents and small com-
 Electric aggregation combines the retail electric loads mercial owners will have to choose to opt in to the
 of customers, in this case potentially with thousands program.
 of customers from eight communities. Combining the
 electrical loads leverages the buying power of thou- When would the Village seek competitive bids?
 sands of residents and small businesses. If the Referendum passes, the Village, along with the
 What is the referendum on the March 20, 2012 North Shore Electricity Aggregation Consortium, will
 election ballot? seek competitive bids in spring of
 2012. It is expected that the new
 Voters will be asked whether the Vil- rate would be effective during early-
 lage of Skokie should have the au- to mid-summer 2012.
 thority to arrange for the supply of
 electricity for its residential and Will there be a public informa-
 small commercial retail customers tion process?
 who have not opted out of such a The Village will provide information
 program. regarding both the referendum and,
 Should the Referendum pass, the Vil- if the referendum is approved, the
 lage will then seek competitive bids bidding process, through its normal
 utilizing the North Shore Electricity communication outlets including the
 Aggregation Consortium (a joint pur- Village website (www.skokie.org),
 chasing cooperative consisting of newsletter, press releases and other
 eight communities: Skokie, Deer- outlets. In addition, the Village will
 field, Glencoe, Highland Park, North- host two public hearings as a compo-
 brook, Lake Bluff, Lake Forest and nent of the aggregation process. The
 Park Ridge) in an effort to obtain first public hearing was held on Feb-
 bids that would secure a lower elec- ruary 21 and the second public hear-
 trical rate for residents and small ing will be held on March 5 at 8 p.m.
 commercial users. Once bids are re- at Skokie Village Hall, 5127 Oakton
 ceived and it is determined that sav- Street.
 ings can be realized for consumers, a
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 Electric Aggregation Information
 Electric Aggregation Frequently Asked Questions
 Continued from page two

 I have a small business – does this impact me? tricity from the substation to the consumer’s meter).
 Aggregation concerns only the
 Possibly. The law designates that residents and small supply component, which
 commercial retail customers are eligible for aggrega- is typically at least
 tion. Small commercial retail customers have been 50% of the electricity
 defined as those with a peak demand of 100kW or bill. The transmission
 less. All small business customers would be eligible and distribution
 unless they choose to opt out (not participate) of the parts of the bill will
 Village’s bidding process. be unaffected by ag-
 What if I have already switched to a new gregation.
 provider prior to the Village seeking bids? Will there be any
 A number of electricity providers have been soliciting difference or dis-
 customers to opt out of ComEd’s rate on an individual ruption in service
 basis. If you already have done so, you have likely because of aggrega-
 been locked into a rate and into a contract with that tion?
 provider. Should the Village bidding process realize No, there will be no dis-
 lower rates than you have through your own ruption in service. The
 provider, you will still be able to opt-in to the Village’s only difference will be
 competitively bid rate, but only within the structure that the energy received
 of the existing contract with your provider. In addi- will be from a different
 tion, unlike those users who are still receiving their supplier at lower, more
 electricity supply from ComEd, you will not be auto- stable rates. ComEd would
 matically switched over to the new provider. You continue to deliver energy to
 may also be subject to early termination fees or other homes and businesses. Resi-
 restrictions with your current provider. You should dents and businesses would
 check with your provider to better understand any re- also continue to receive a
 strictions or policies that might apply. ComEd bill. Any outages or re-
 What if residents or small businesses don’t quests for service would continue to be directed to
 want to participate in the Village’s rate? ComEd.
 Residents and small businesses may “opt-out” of the What if my power goes out – who should I call?
 program (not participate) if the referendum is ComEd is responsible for ensuring that electricity
 passed. Before the aggregation program begins, all flows through its distribution network to all homes
 residents and small businesses would receive an opt- and businesses in Skokie. Aggregation would not
 out notice in the mail and be given a date by which change how ComEd responds to outages. Outages
 they must return the opt-out notice or call a number should still be reported to 1-800-EDISON-1.
 to request to opt-out of the program. Residents using
 a third-party supplier or residents moving to Skokie ComEd has indicated that they will be making
 from outside the community would not be automati- system improvements to deal with reliability.
 cally included; they would have to “opt-in”. Does this change any of those commitments?
 What component of the electrical bill will ag- No. This process does not impact ComEd’s commit-
 gregation effect? ments to the Village to improve their system and to
 deal with reliability issues.
 Aggregation addresses only one of the three compo-
 nents of an electricity bill. The three components are For more information, please contact Public Works Di-
 supply (where the power comes from), transmission rector Max Slankard at 847/933-8427 or at
 (getting the supply from its point of origin or from the max.slankard@skokie.org.
 high voltage grid), and distribution (getting the elec-
 Electric Aggregation FAQ’s • page 3
PLAN COMMISSION REPORT 2011-29P: Special Use Permit
Plan Commission Council Chambers, 8:00 PM, February 21, 2012


To: Mayor and Board of Trustees
From: Paul Luke, Plan Commission Chairperson
Case: 2011-29P: Special Use Permit
 4811 Dempster Street
 Limited Service Restaurant with a Drive-through Facility

PLAN COMMISSION ANALYSIS
During its February 2, 2012 meeting, the Plan Commission heard the request of the
Village of Skokie, on behalf of Oberweis Dairy, Inc. for a special use permit for a drive-
through facility for a new Oberweis Dairy store and limited service restaurant. The site
plan also includes a “That Burger Joint” limited service restaurant that offers hot
food/grill items. Both of the restaurants are Oberweis companies and That Burger Joint
is a new restaurant concept. The limited service restaurants are a permitted use in the
B3 Business district.
The combined area of the two proposed restaurants will be 3,800 ft2 and provide 38
off-street parking spaces. The drive-through window will be located on the west side of
the site with vehicle stacking north of the building along Dempster Street. The one lane
drive-through will have stacking for seven cars. The drive-through will only provide ice
cream/dairy products. The site will be accessed from a driveway on Dempster Street
and the public alley south of the property. The alley will be widened from 16 to 20 feet
to allow it to be used for vehicle circulation and to allow vehicle parking spaces south of
the proposed building to back into the alley. A traffic study that was conducted by
KLOA traffic consultants indicated that the 38 parking spaces would meet the parking
needs of the restaurants and that the drive-through facility’s seven stacking spaces will
be adequate to meet the demands of the restaurant. The combined indoor seating
capacity of the restaurants is approximately 68 seats. Both restaurants will have
outdoor dining areas located on the east side of the building, which is adjacent to the
main entrance of the restaurants.
The proposed hours of operation for both the restaurants and the drive-thru operations
are from 10:00 A.M. to 10:00 P.M. Sunday through Thursday and from 10:00 A.M. to
11:00 P.M. on Friday and Saturday.
The Plan Commission concurred with the staff recommendation to grant the request.
Commissioners discussed the operation of the drive-through and what products would
be served. Commissioners were concerned that the delivery of cooked products would
slow the operation of the drive-through. It was established that only dairy products
would be delivered through the window of the facility. The Commission amended the
recommended conditions to reflect this operation. The Commissioners also discussed
how the alley to the south of the site would be used to provide access and how it is
currently used to provide access to parking for the apartment building to the south.
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Commissioners were satisfied that the widening of the alley by 4 feet as recommended
by staff would make the alley usable for access by both properties.


INTERESTED PARTIES
Legal notice was properly posted, advertised, and delivered as prescribed by the Zoning
Ordinance. Three of the owners of the apartment building to the south of the subject
site spoke. Although they were not opposed to an Oberweis restaurant on the site they
wanted the site to be separated from the alley as their property requires the alley to
access parking along the north side of the apartment building. They were concerned
about, traffic conflicts, accidents and the disruption of loading for their building when
tenants moved in or out and a moving truck was parked in the alley. The commission
concurred with staff that the widening of the alley would address the issues and be
functional for both properties.


APPEARANCE COMMISSION
The Appearance Commission reviewed and approved this case, subject to conditions, on
a unanimous vote at it January 11, 2012 meeting. The Commission approved the
building elevations, signs and landscaping. The Commission approved the appearance
and recommended the approval of a projecting sign for That Burger Joint. This sign is
attached to the building and does not overhang the property into the public right of
way. The sign was requested by Oberweis to give customers walking up to the building
a better visual reference to the entrance of the restaurant, as the entrance and wall
sign are setback from the parking lot. The sign also adds visual interest and a fun
element to the well designed façade of the building. Relief from the Sign Code will be
required for this sign as it is prohibited by Section 82-11(4) of the code.


PLAN COMMISSION RECOMMENDATIONS AND VOTING
The Plan Commission recommends, by a vote of 8 ayes and 0 nays with one
commissioner absent, that the petitioner’s request for a special use permit to operate a
limited service restaurant with a drive-through facility in a B3 Business district be
APPROVED subject to the attached Positive Findings of Fact and Recommended
Special Use Permit Conditions. The Plan Commission further recommends that relief be
granted from eight sections of Village Code reviewed in the Proposed Positive Findings
of Fact.


ATTACHMENTS
1. Plan Commission Recommended Conditions
2. Plan Commission Positive Findings of Fact, dated February 2, 2012
3. Staff Report for 2011-29P, dated February 2, 2011

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4. Plan Commission Meeting Minutes February 2, 2011
5. KLOA Traffic Study
6. Geometrics Plan, dated February 8, 2012
7. Floor Plan, revised dated February 7, 2012
8. Landscaping Plan, revised dated February 8, 2012
9. Elevations, revised dated February 7, 2012
10. Skokie TBJ Blade Sign, dated January 26, 2012
11. Renderings, not dated
12. Land Use and Zoning Map for 2012-29P




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Plan Commission
Recommended Conditions 2011-29P: Special Use Permit
Plan Commission Council Chambers, 8:00 PM, February 21, 2012


1. The petitioner shall develop the Subject Property in substantial conformance with
 the final Village approved geometric plan revised dated February 8, 2012, floor plan
 revised dated February 7, 2012, landscape plans revised dated February 8, 2012,
 blade sign plan dated January 26, 2012, and building elevations revised dated
 February 7, 2012. (Standard)
2. When the future IDOT Dempster Street/Niles Center Road/Skokie Boulevard
 roadway project goes into construction, Oberweis, or the current property owner,
 will be responsible to cooperate with IDOT on their standard right of way acquisition
 procedure for the land depicted on the Geometric Plan.
3. When the future IDOT project goes into construction Oberweis, or the current
 property owner, will be responsible accommodate the right of way dedication. A
 revised site and landscape plan must be submitted to the Village for permit approval
 at the time the work is required.
4. Prior to the issuance of a Building Permit, IDOT Highway and Utility Permits must be
 obtained.
5. Bicycle parking shall be provided as required by the Zoning Chapter.
6. The drive-through facility shall only deliver Oberweis dairy store products. An
 expansion of the food products shall require an amendment to the special use
 permit through the Modified Review Procedure.
7. Separate and independent stormwater and sanitary sewer services must be provided
 to the site. The old sewer and water services must be disconnected.
8. A R1-1 Stop sign shall be installed at the drive-through exit at the alley and painted
 directional arrows and pavement markings shall be provided.
9. Service deliveries and refuse operations shall not block the public alley and should
 be predominantly accomplished on site.
10. The garbage corral shall be constructed of the same masonry material as the
 building and have an impermeable surface base. The corral shall screen and contain
 all dumpsters.
11. At least once during every 4 hours of operation and before opening and closing of
 the business, employees shall patrol the Subject Property and clear it of debris.
12. All utilities serving the site shall be placed underground. When the alley is widened
 all overhead utilities shall be relocated to provide a clear drive aisle, the petitioner
 shall bear the full cost of placing or relocating utilities in the adjacent right-of-way of
 the Subject Property. The new pole locations must be resolved with ComEd and then
 identified in construction drawings prior to a Build Permit being issued.

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13. All 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)
14. Parking lot and exterior lighting shall meet IES standards, be full cut-off design and
 be directed away from adjacent properties, subject to the approval of the
 Engineering Division. (Standard)
15. All off-street parking spaces shall be legibly striped and maintained. (Standard)
16. The Subject Property must conform to the Village's storm water control requirements
 as contained in the Skokie Village Code. (Standard)
17. All modifications to building elevations, signage, and landscaping shall be subject to
 the review and approval of the Skokie Appearance Commission. (Standard)
18. All signage shall conform to the Skokie Village Code unless relief is granted for the
 nonconformity. (Standard)
19. Handicapped ramps are to be provided as necessary and meet State of Illinois
 Accessibility requirements and the Skokie Village Code. (Standard)
20. The handicapped parking spaces shall be installed and maintained in compliance with
 State of Illinois Accessibility Standards and the Skokie Village Code. (Standard)
21. Vehicles shall always be parked between and not overlap the striped lines of
 designated parking spaces and shall not block driveways, sidewalks, aisles, or other
 points of access. (Standard)
22. All employees shall park on the Subject Property.
23. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other
 objects that may impede travel. (Standard)
24. All objects and landscaping within a 15-foot sight distance triangle shall not exceed
 30 inches in height, except traffic control devices listed in the Manual on Uniform
 Traffic Control Devices. (Standard)
25. The petitioner shall sign an "Agreement for Installation and Maintenance of
 Landscaping" to assure that the Subject Property and parkway landscaping is
 completed and maintained, including trimming, watering, and replacing of dead
 plant materials in a timely manner in accordance with the final approved landscape
 plan. A copy of said Agreement is attached hereto, marked Exhibit “A” and hereby
 made part of this Ordinance. This “Agreement for Installation and Maintenance of
 Landscaping" shall be recorded at the petitioner’s expense. (Standard)
26. All buildings shall meet current International Building and NFPA Life Safety Codes as
 amended. (Standard)
27. 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

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 shall be scaled CADD 2D drawing files on non-compressed, non-read only CD-ROM
 .dwg AutoCad format. (Standard)
28. 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)
29. 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)
30. The petitioner shall comply with all Federal and State statutes, laws, rules and
 regulations and all Village codes, ordinances, rules, and regulations. (Standard)
31. 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. 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)




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Plan Commission
Positive Findings of Fact 2011-29P: Map Amendment
Community Development Department Council Chambers, 7:30 PM, February 21, 2012



1 Consideration The establishment, maintenance, or operation of the special use will not
 be detrimental to or endanger the pubic 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 subject site was purchased by the Village for redevelopment
 purposes. The proposed restaurant and drive-through facility are
 arranged in such a way that their operation will not be detrimental to or
 endanger the public’s health, safety, morals, or general welfare. The use
 will provide a service that is desired in the neighborhood and the larger
 community and will contribute to the redevelopment of the West
 Dempster Street Area.
2 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 use will not substantially change the character of the neighborhood.
 The B3 Business district promotes the development of restaurants and
 other intense commercial uses. The proposed restaurant development is a
 permitted use in the B3 Business district and the drive-through facility is
 an allowable special use. The drive-through facility has been designed to
 have adequate vehicle stacking space of seven vehicles and the 38
 parking spaces will meet the needs of the development. Its development
 will not have an adverse effect on property values in the neighborhood,
 traffic conditions, or public services.


3 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.




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 Findings The use will permit the use of neighboring property in accordance with the
 applicable district regulations. The development of the site will require relief from
 the Village Code because of its unique shape and the specific site plan conditions.
 These areas of relief are as follows:
 Sec. 118-141(a) (5)a. to not provide visual screening across an alley from an R4
 zone. As the restaurants’ parking lot exits into the alley and there is parking
 south of the proposed building it is not possible to screen the building from the
 residential property to the south; however, the proposed building will act as a
 visual barrier for much of the site.
 Sec. 118-212(a)(1) to allow parking stall widths of 8.75’ for 22 parking spaces
 and 8.5’ for 7 spaces rather than 9’, to provide parking stall depths of 16.5’ for 7
 spaces rather than 18’, and to provide drive aisles of 23’ rather than 24’. Because
 of the narrow depth of the lot it is difficult to fit the required parking on the site.
 The reduction of parking spaces to 8.75’ and the aisle width to 23’ is acceptable
 for most parking situations.
 Sec. 118-144(2)c. to allow for none of the building to abut the Dempster St.
 right-of-way rather than 50%. Although it would be desirable to bring the
 building up to Dempster Street to create a greater street presence and to
 promote pedestrian activity it is not possible because of the drive-through facility.
 Sec. 118-144(2)d. to provide less than the required 60% transparent glass along
 the facades facing Niles Center Rd. and Dempster St. Greater window service
 area cannot be provided along both street frontages because the service areas
 are located in the west and northwest portions of the building. Windows are
 provided for the dining room along Dempster Street and there is outdoor dining
 that will face Skokie Boulevard.
 Sec. 118-212(i)(1) to provide continuous curbing for various distances less than 6’
 from the property line in the parking lot on all 3 street frontages. Because of the
 narrowness of the site and the need to provide adequate parking and space for
 the drive-through the curbing setback must be reduced along portions of all three
 street frontages of the site.
 Sec. 118-283(c)(2) to not provide landscape/screening for north and east parking
 spaces. The landscape/screening has been eliminated for the north and east
 parking areas because the curb setback has been reduced. Other areas of the site
 have been landscaped to compensate for this lack of screening.

 Sec. 118-283(c)(1) to not provide parking lot trees or space for planting within
 the parking lot. Due to the tight dimensions of the parking lot it will not be
 possible to plant parking lot trees; however, trees have been planted elsewhere
 on the site to provide the desired landscaping.
 Sec. 82-11.(4) to allow a projecting sign for That Burger Joint Restaurant that is
 prohibited by the Sign Code. This sign is being requested to better define the
 entrance to the restaurant and will not have any adverse impact.


 The requested relief will not adversely impact the operation of any adjacent
 properties.




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4 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 will not alter or be contrary to the primary purpose of
 the B3 Business district. The proposed use should not be in conflict with
 nearby special uses that included a McDonalds limited service restaurant
 with drive-through, a Mobil gasoline station and a Bank of America drive-
 through bank facility.
5 Consideration The proposed use and its plan conform to the general intent of the Official
 Comprehensive Plan.
 Findings The property is designated Pedestrian Oriented Mix in Sector B: Dempster
 West in the Comprehensive Plan. The proposed use conforms to this
 designation of the property.




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STAFF REPORT 2011-29P: Special Use Permit
Community Development Department Council Chambers, 7:30 PM, February 2, 2012


To: Paul Luke, Chairman, Skokie Plan Commission
From: Peter Peyer, AICP, Community Development Director
Case: 2011-29P: Special Use Permit
 4811 Dempster Street
 Limited Service Restaurant with a Drive-through Facility


General Information
Location 4811 Dempster Street
Purpose A request for a special use permit for a limited service
 restaurant with a drive-through with seven areas of advertised
 relief and any additional relief that may be discovered during
 the review of this case.
Petitioner Village of Skokie on behalf of Oberweis Dairy, Inc. as contract
 purchaser.
Size of Site Approximately 33,008 ft2 (.758 acres) with 91.39 feet of
 frontage on Skokie Boulevard, 184.72 feet on Dempster Street,
 and 131.16 feet on Niles Center Road.
Existing Zoning & B3 Business – Vacant land cleared for redevelopment purposes.
Land Use
Adjacent Zoning & North B3 Business – commercial uses with a McDonalds
Land Use restaurant and an office/retail building.
 South R4 General Residential – a four story rental multiple
 family residential building
 East B3 Business – a bank and office building
 West B3 Business – a mattress store and various
 commercial uses
Comprehensive Plan The property is designated Pedestrian Oriented Mix in Sector B:
 Dempster West in the Comprehensive Plan.


SITE INFORMATION
• The site currently is vacant.
• The site currently has numerous curb cuts on Dempster Street, Niles Center Road,
 and Skokie Boulevard that will be changed as part of the redevelopment plan.

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• Public sidewalks exist along all three street frontages of the site.
• There is a paved public alley to the south of the site.
• There are overhead utilities on the north side of the alley and along Niles Center
 Road adjacent to the site.
• The 97 CTA and 250 and 254 Pace bus routes serve the site.


PETITIONERS’ SUBMITTAL
The petitioner is requesting a special use permit for a drive-through facility for a new
Oberweis Dairy store and limited service restaurant. The site plan also includes a “That
Burger Joint” limited service restaurant that offers hot food/grill items. Both of the
restaurants are Oberweis companies and That Burger Joint is a new restaurant concept.
The limited service restaurants are a permitted use in the B3 Business district.
The combined area of the two proposed restaurants will be 3,800 ft2 and provide 38
off-street parking spaces. The drive-through window will be located on the west side of
the site with vehicle stacking north of the building along Dempster Street. The one lane
drive-through will have stacking for seven cars. The drive-through will only provide ice
cream/dairy products. The site will be accessed from a driveway on Dempster Street
and the public alley south of the property. The alley will be widened from 16 to 20 feet
to allow it to be used for vehicle circulation and to allow vehicle parking spaces south of
the proposed building to back into the alley. A traffic study that was conducted by
KOLA traffic consultants indicated that the 38 parking spaces would meet the parking
needs of the restaurants and that the drive-through facility’s seven stacking spaces will
be adequate to meet the demands of the restaurant. The combined indoor seating
capacity of the restaurants is approximately 68 seats. Both restaurants will have
outdoor dining areas located on the east side of the building, which is adjacent to the
main entrance of the restaurants.
The proposed hours of operation for both the restaurants and the drive-thru operations
are from 10:00 A.M. to 10:00 P.M. Sunday through Thursday and from 10:00 A.M. to
11:00 P.M. on Friday and Saturday.


STAFF ANALYSIS
Staff Comment and Review sheets were sent to all pertinent departments. Staff
comments on the subject case were received from Forestry and Engineering Divisions.
All other departments returned the sheets with no comments. The proposed site and
floor plans were previously reviewed by the Staff Plan Review committee and most of
the recommendations were incorporated into the plans.




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Forestry Division
Any tree on private property greater than 8” dbh slated for removal requires a cash
bond and permit from the Building Division. Five of the proposed trees are located
under power lines and should be replaced with lower growing trees. Several areas
designated as turf should be changed to chokecherries as indicated on other parts of
the plan.


Engineering Division
The Engineering Division has no objections to the proposed development and
recommends approval. The off-street vehicle parking requirement for the proposed
restaurants is 27 spaces and 33 spaces will be provided including 2 handicapped
spaces. The plan indicates 38 spaces; however, 5 of the spaces are considered
temporary as they are located in an area that will be removed from the site when the
Illinois Department of Transportation (IDOT) improves the Dempster Street/Skokie
Boulevard intersection. Two bicycle parking spaces are required, but none are
provided. The plan should be modified to accommodate the required bike parking.
The Engineering Division also reviewed the site and drive-through operation. The site
plan will operate with (1) two way driveway on Dempster Street utilizing an existing
driveway opening and the east-west public alley south of the site. Engineering is
recommending that the alley be widened from 16 to 20 feet. Access to the site will be
adequate when the alley is widened to 20 feet. Delivery activities for the development
must take place on site as the alley cannot be obstructed. The drive-through window is
located on the west side of the building and the order board will be installed on the
north face of the building near the west end. The submitted plan indicates stacking for
4 vehicles at the order board and a total drive-through stacking of 7 spaces. The
Engineering Division concurs with the Petitioners that this is more than adequate for
this drive-through facility.
The Engineering Division supported the proposal with the requested relief. The
recommendation is subject to 14 conditions that are included in the staff
recommendations.


Planning Division
The Planning Division is highly supportive of the proposed development and the
requested drive-through facility. The subject site was purchased by the Village and
cleared for redevelopment purposes. The proposed restaurants will create a focal point
for the Village’s redevelopment efforts in the area and the Oberweis store and That
Burger Joint restaurant are highly desirable uses at the site. The operation of the drive-
through facility will have adequate stacking space and will function in a manner that will
not be disruptive to surrounding land uses or cause traffic problems. The drive-through
will only serve the Oberweis store which will have a shorter serving time than a
restaurant. As the order board is located on the north side of the building facing
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Dempster Street and the pick up window is on the west side facing Niles Center Road,
noise from the drive-through should not affect the residential property to the south.
The limited operating hours of the restaurant and the drive-through will reduce the
potential adverse impact to surrounding uses.
The proposed request also includes seven items of relief from the Village Code. This
relief is required as the proposed building cannot be located along the Dempster Street
frontage as required in the B3 district because of the drive-through facility and irregular
shape of the site. The relief is reviewed in the Proposed Positive Findings of Fact and
will not have an adverse impact on adjacent property and 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.
The Village is requiring that the public alley to the south of the site be widened from 16
feet to 20 feet to accommodate the two way traffic in the alley. This will serve both the
subject development and the multi-family residential property to the south that has off-
street parking off of the alley. The requirement for this dedication has contributed to
the need for relief for the narrower parking stalls and drive aisles. The State of Illinois
will potentially be requiring the dedication of land from the subject site for intersection
improvements at the Dempster St. /Niles Center Rd. and Dempster St. /Skokie Blvd.
intersections that will result in reduced landscape setbacks and the loss of 5 temporary
parking spaces along Dempster Street. However, this parking is in excess from the
requirement and will be replaced by Oberweis with a new curb and landscaping if and
when the roadway dedication is required.


APPEARANCE COMMISSION
The Appearance Commission reviewed and approved this case, subject to conditions, on
a unanimous vote at it January 11, 2012 meeting. The Commission approved the
building elevations, signs and landscaping. The Commission approved the appearance
and recommended the approval of a projecting sign for That Burger Joint. This sign is
attached to the building and does not overhang the property into the public right of
way. The sign was requested by Oberweis to give customers walking up to the building
a better visual reference to the entrance of the restaurant, as the entrance and wall
sign are setback from the parking lot. The sign also adds visual interest and a fun
element to the well designed façade of the building. Relief from the Sign Code will be
required for this sign as it is prohibited by Section 82-11(4) of the code.


STAFF RECOMMENDATIONS
Staff recommends that the petitioner’s request for a special use permit to operate a
limited service restaurant with a drive-through facility in a B3 Business district be
APPROVED subject to the attached Positive Findings of Fact and Recommended
Special Use Permit Conditions listed below. Staff further recommends that relief be
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granted from eight sections of Village Code reviewed in the Proposed Positive Findings
of Fact.


RECOMMENDED SPECIAL USE CONDITIONS
1. Prior to the hearing of this case before the Board of Trustees, the site geometrics
 plan and landscape plan shall be modified to include the following changes:
 a. Add bike parking for at least 2 bicycles within 40’ of the entrance, in accordance
 with §118-221 and §118-222 of the Village Code. The bike rack specification
 should be added to the plan.
 b. Increase the radii at the proposed alley widening at Skokie Boulevard and Niles
 Center Road to 15 ft.
 c. Reduce the drive through lane to 19 feet in width.
 d. Decrease the length of the islands on the south side of the building by 2 feet off
 the alley.
2. Prior to the hearing of this case by the Board of Trustees, the landscaping plan shall
 be modified to incorporate the changes to the site plan and replace five of the
 proposed trees shown under power lines with lower growing trees. Several areas
 designated as turf should be changed to chokecherries as indicated on other parts of
 the plan.
3. When the future IDOT Dempster Street/Niles Center Road/Skokie Boulevard
 roadway project goes into construction, Oberweis, or the current property owner,
 will be responsible to cooperate with IDOT on their standard right of way acquisition
 procedure for the land depicted on the Geometric Plan.
4. When the future IDOT project goes into construction Oberweis, or the current
 property owner, will be responsible to implement and pay for all costs incurred to
 cover the required modifications to the site to accommodate the right of way
 dedication. A revised site and landscape plan must be submitted to the Village for
 permit approval at the time the work is required.
5. Prior to the issuance of a Building Permit, IDOT Highway and Utility Permits must be
 obtained.
6. Separate and independent stormwater and sanitary sewer services must be provided
 to the site. The old sewer and water services must be disconnected.
7. A R1-1 Stop sign shall be installed at the drive-through exit at the alley and painted
 directional arrows and pavement markings shall be provided.
8. Service deliveries and refuse operations shall not block the public alley and should
 be predominantly accomplished on site.
9. The petitioner shall develop the Subject Property in substantial conformance with
 the final Village approved site plans dated <insert date>, geometric plans dated
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 <insert date>, landscape plans dated <insert date>, sign plans dated <insert
 date>, and building elevations dated <insert date>. (Standard)
10. The garbage corral shall be constructed of the same masonry material as the
 building and have an impermeable surface base. The corral shall screen and contain
 all dumpsters.
11. At least once during every 4 hours of operation and before opening and closing of
 the business, employees shall patrol the Subject Property and clear it of debris.
12. All utilities serving the site shall be placed underground. When the alley is widened
 all overhead utilities shall be relocated to provide a clear drive aisle, the petitioner
 shall bear the full cost of placing or relocating utilities in the adjacent right-of-way of
 the Subject Property. The new pole locations must be resolved with ComEd and then
 identified in construction drawings prior to a Build Permit being issued.
13. All 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)
14. Parking lot and exterior lighting shall meet IES standards, be full cut-off design and
 be directed away from adjacent properties, subject to the approval of the
 Engineering Division. (Standard)
15. All off-street parking spaces shall be legibly striped and maintained. (Standard)
16. The Subject Property must conform to the Village's storm water control requirements
 as contained in the Skokie Village Code. (Standard)
17. All modifications to building elevations, signage, and landscaping shall be subject to
 the review and approval of the Skokie Appearance Commission. (Standard)
18. All signage shall conform to the Skokie Village Code unless relief is granted for the
 nonconformity. (Standard)
19. Handicapped ramps are to be provided as necessary and meet State of Illinois
 Accessibility requirements and the Skokie Village Code. (Standard)
20. The handicapped parking spaces shall be installed and maintained in compliance with
 State of Illinois Accessibility Standards and the Skokie Village Code. (Standard)
21. Vehicles shall always be parked between and not overlap the striped lines of
 designated parking spaces and shall not block driveways, sidewalks, aisles, or other
 points of access. (Standard)
22. All employees shall park on the Subject Property.
23. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other
 objects that may impede travel. (Standard)
24. All objects and landscaping within a 15-foot sight distance triangle shall not exceed
 30 inches in height, except traffic control devices listed in the Manual on Uniform
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 Traffic Control Devices. (Standard)
25. The petitioner shall sign an "Agreement for Installation and Maintenance of
 Landscaping" to assure that the Subject Property and parkway landscaping is
 completed and maintained, including trimming, watering, and replacing of dead
 plant materials in a timely manner in accordance with the final approved landscape
 plan. A copy of said Agreement is attached hereto, marked Exhibit “A” and hereby
 made part of this Ordinance. This “Agreement for Installation and Maintenance of
 Landscaping" shall be recorded at the petitioner’s expense. (Standard)
26. All buildings shall meet current International Building and NFPA Life Safety Codes as
 amended. (Standard)
27. 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. (Standard)
28. 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)
29. 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)
30. The petitioner shall comply with all Federal and State statutes, laws, rules and
 regulations and all Village codes, ordinances, rules, and regulations. (Standard)
31. 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. 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 2011-29P
2. Memorandum from Engineering, dated January 10, 2012
3. Memorandum from the Village Forester, dated December 28, 2011
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4. Geometrics Plan, dated December 09, 2011
5. Floor Plan, dated December 21, 2011
6. Landscaping Plan, dated November 30, 2011
7. Elevations, dated December 2, 2011
8. Skokie TBJ Blade Sign, dated 1/26/12
9. Renderings, not dated
10. Land Use and Zoning Map




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Proposed Positive Findings of Fact 2011-29P: Special Use Permit
Community Development Department Council Chambers, 7:30 PM, February 2, 2012


1 Consideration The establishment, maintenance, or operation of the special use will not
 be detrimental to or endanger the pubic 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 subject site was purchased by the Village for redevelopment
 purposes. The proposed restaurant and drive-through facility are
 arranged in such a way that their operation will not be detrimental to or
 endanger the public’s health, safety, morals, or general welfare. The use
 will provide a service that is desired in the neighborhood and the larger
 community and will contribute to the redevelopment of the West
 Dempster Street Area.
2 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 use will not substantially change the character of the neighborhood.
 The B3 Business district promotes the development of restaurants and
 other intense commercial uses. The proposed restaurant development is a
 permitted use in the B3 Business district and the drive-through facility is
 an allowable special use. The drive-through facility has been designed to
 have adequate vehicle stacking space of seven vehicles and the 38
 parking spaces will meet the needs of the development. Its development
 will not have an adverse effect on property values in the neighborhood,
 traffic conditions, or public services.




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3 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 The use will permit the use of neighboring property in accordance with the applicable
 district regulations. The development of the site will require relief from the Village
 Code because of its unique shape and the specific site plan conditions. These areas
 of relief are as follows:
 Sec. 118-141(a) (5)a. to not provide visual screening across an alley from an R4 zone.
 As the restaurants’ parking lot exits into the alley and there is parking south of the
 proposed building it is not possible to screen the building from the residential property
 to the south; however, the proposed building will act as a visual barrier for much of
 the site.
 Sec. 118-212(a)(1) to allow parking stall widths of 8.75’ for 22 parking spaces and
 8.5’ for 7 spaces rather than 9’, to provide parking stall depths of 16.5’ for 7 spaces
 rather than 18’, and to provide drive aisles of 23’ rather than 24’. Because of the
 narrow depth of the lot it is difficult to fit the required parking on the site. The
 reduction of parking spaces to 8.75’ and the aisle width to 23’ is acceptable for most
 parking situations.
 Sec. 118-144(2)c. to allow for none of the building to abut the Dempster St. right-of-
 way rather than 50%. Although it would be desirable to bring the building up to
 Dempster Street to create a greater street presence and to promote pedestrian
 activity it is not possible because of the drive-through facility.
 Sec. 118-144(2)d. to provide less than the required 60% transparent glass along the
 facades facing Niles Center Rd. and Dempster St. Greater window service area cannot
 be provided along both street frontages because the service areas are located in the
 west and northwest portions of the building. Windows are provided for the dining
 room along Dempster Street and there is outdoor dining that will face Skokie
 Boulevard.
 Sec. 118-212(i)(1) to provide continuous curbing for various distances less than 6’
 from the property line in the parking lot on all 3 street frontages. Because of the
 narrowness of the site and the need to provide adequate parking and space for the
 drive-through the curbing setback must be reduced along portions of all three street
 frontages of the site.
 Sec. 118-283(c)(2) to not provide landscape/screening for north and east parking
 spaces. The landscape/screening has been eliminated for the north and east parking
 areas because the curb setback has been reduced. Other areas of the site have been
 landscaped to compensate for this lack of screening.

 Sec. 118-283(c)(1) to not provide parking lot trees or space for planting within the
 parking lot. Due to the tight dimensions of the parking lot it will not be possible to
 plant parking lot trees; however, trees have been planted elsewhere on the site to
 provide the desired landscaping.
 Sec. 82-11.(4) to allow a projecting sign for That Burger Joint Restaurant that is
 prohibited by the Sign Code. This sign is being requested to better define the
 entrance to the restaurant and will not have any adverse impact.


 The requested relief will not adversely impact the operation of any adjacent
 properties.


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4 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 will not alter or be contrary to the primary purpose of
 the B3 Business district. The proposed use should not be in conflict with
 nearby special uses that included a McDonalds limited service restaurant
 with drive-through, a Mobil gasoline station and a Bank of America drive-
 through bank facility.
5 Consideration The proposed use and its plan conform to the general intent of the Official
 Comprehensive Plan.
 Findings The property is designated Pedestrian Oriented Mix in Sector B: Dempster
 West in the Comprehensive Plan. The proposed use conforms to this
 designation of the property.




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 Plan Commission Meeting Minutes
 Date: February 2, 2012

This is the last meeting for Plan Commissioner Karen Gray-Keeler who is resigning as
of February 6, 2012. The commissioners thanked her for her service and wished her
good luck in her future endeavors. A motion to approve the minutes of the January 19,
2012 meeting was made by Plan Commissioner Laxpati and seconded by
Commissioner Marek. All voted aye.

Case Description

2011-29P – Special Use Permit: 4811 Dempster Street
The Village of Skokie, on behalf of Oberweis Dairy, Inc. as contract purchaser, requests
a special use permit in a B3 Business district for a limited service restaurant with a
drive-through at 4811 Dempster St. and that relief be granted from the following
sections of the Village Code: Sec. 118-141(a)(5)a. to not provide visual screening
across an alley from an R4 zone; Sec. 118-212(a)(1) to allow parking stall widths of
8.75’ for 22 parking spaces and 8.5’ for 7 spaces rather than 9’, to provide parking stall
depths of 16.5’ for 7 spaces rather than 18’, and to provide drive aisles of 23’ rather
than 24’; Sec. 118-144(2)c. to allow for none of the building to abut Dempster St. right-
of-way rather than 50%; Sec. 118-144(2)d. to provide less than the required 60%
transparent glass along the facades facing Niles Center Rd. and Dempster St.; Sec.
118-212(i)(1) to provide continuous curbing for various distances less than 6’ from the
property line in the parking lot on all 3 street frontages; Sec. 118-283(c)(2) to not
provide landscape/screening for north and east parking spaces; Sec. 118-283(c)(1) to
not provide parking trees or space for planting within the parking lot; and any other relief
that may be discovered during the review of this case.

Discussion and Interested Parties

Legal Notice was properly posted, advertised and delivered as prescribed by the Zoning Chapter.
Notice by certified mail to the 2 properties that were not properly served for the 1/19/12 meeting
was found to be proper and correct.

Architect Michael Aragona, and Dave Hassler, Vice-President of Retail Services of Oberweis
presented the case. They stated that the subject site is being purchased from the Village of
Skokie for a new dairy store and a new concept limited service restaurant, That Burger Joint.
Dave Hassler stated that this is the 60th year of retail for Oberweis and about 1/3 of their stores
have drive-through facilities. They are requesting a special use permit for an Oberweis drive
through facility selling Oberweis dairy products only on the west side of the property. They
stated that they will be working with IDOT to limit access to the site. All but one existing curb
cut on Dempster Street will be removed as well as one on Niles Center Road and one on Skokie
Boulevard. Plans show that they have provided stacking for 7 cars in the drive through lane and
are circulating traffic out of the site through the east/west alley or through the property onto
Dempster Street. There are 38 parking spaces currently but IDOT will require the elimination of

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5 spaces when a future roadway dedication is made. The parking requirement will still be met
with the elimination of the 5 spaces.

One commissioner noted from looking at a rendering that there are no barriers for the protection
of outdoor dining patrons. A rendering was shown that indicated planters as a demarcation of
the outdoor dining area. Oberweis is looking into placing large heavy planters about 6 feet apart
as a partition and possibly raising the curb. They stated that the outdoor dining area is set back
and recessed.

One commissioner suggested accepting the staff report into the record with staff summarizing
the main points. Staff provided background information stating that the Village of Skokie
purchased the 2 corner sites to control re-development since the area is the gateway to West
Dempster Street. Restaurants are a permitted use in the B3 district and the Special Use permit is
needed for the drive through facility. There are 8 areas of relief requested mostly due to the
location of the building on the site. The Appearance Commission approved the plans and
recommended approval for relief from the Sign Code for one projection sign at the entrance of
That Burger Joint. Parking spaces were narrowed as well as aisle width. Utilities will be put
underground for the building and the existing ones in the alley will be moved as the alley will be
widened from 16 feet to 20 feet. Staff has no objections to any of the relief items.

The Engineering Division recommends that the alley be upgraded to a commercial alley width of
20 feet to accommodate the two way traffic as well as the parking needs of the apartment
building which abuts the site. Another commissioner asked how many parking spaces the
residents use and commented that the widening will benefit both parties. The Plan Commission
Chairman mentioned that both properties must get together and work out alley maintenance.
Another commissioner inquired about the drive through serving dairy products only and
suggested making it a condition of the special use so that it can be regulated. After reviewing the
floor plan it was noticed that the That Burger Joint is on the opposite side of the building from
the Oberweis dairy store and drive through which doesn’t make it conducive to serving cooked
food at the drive through. It was decided that any changes to the conditions in the future would
necessitate coming back to the Village Board through the Modified Review process. Another
commissioner asked if there was a physical separation between the 2 stores. The petitioner
stated that both companies are under Oberweis ownership and they share seating but each entity
has its own branding, trade names, behind the counter area, separate preparation and service
areas, and separate order boards.

Tobey Dainas, Ruth Wenger and Dale Scheck, beneficiary owners of 4800 Carol objected to
notice. They stated that they just received their legal notice on the day of the meeting. Certified
mail receipts were reviewed by Corporation Counsel and it was found that notice was made on
Dec. 30, 2011, within the correct timeframe. They have some issues regarding safety and traffic
and wanted to continue the case so they have a chance to evaluate the complimentary packet of
information they received previously and on 2/1/12. They are pleased to have a premium buyer
to the area but do not like the fact that there will not be any screening on the back of the building,
no landscaping or fencing and their biggest concern was with the alley. It is a quiet alley used
for the 21 angled parking spaces of the apartment building and with 2-way traffic allowed it will
become like a street. They anticipate a traffic problem when janitorial staff, workers and moving

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trucks need to use the alley. They are not satisfied with the traffic study submitted and feel it is
not complete. They would like more time to talk with their own traffic engineer and provide a
traffic study that is more comprehensive.

One Plan Commissioner inquired about how much screening was provided before the demolition
of the previous buildings. It was noted that there was a partial brick wall behind the Amoco
station and heavy duty vehicles were parked in back and at the side of the Value Transmission
site. Another commissioner stated that usage of the alley is the same; a continuous row of
parked cars for 40 tenants to share that now must be 20 feet wide.

The only point that was not acceptable to the petitioner is the wording of the request of the
Engineering Division that they pay all costs covering the modifications to the site for the right-
of-way dedication. They stated that when the project starts construction they
will be responsible and work it out with IDOT.

Ruth Wenger asked if the interested parties are notified of a Modified Review meeting if
Oberweis wanted to change or add to their menu. It was stated by staff that notification is done
through the Village of Skokie web site not individual notification.

Recommendation and Voting

The Plan Commission moved to recommend approval of this case based on positive findings of
fact. The motion was approved with a vote of 8 ayes, 0 nays and 1 commissioner absent.



Motion: Gray-Keeler Second: Mitchell Absent: Paradise


Ayes: 8
Nays: 0




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DAVID R. McCALLUM ASSOCIATES, INC. 350 North Milwaukee Avenue T 847.362.0209
Landscape Architects Libertyville, Illinois F 847.362.0214
 60048




Date: February 8, 2012

To: Mr. Peter Peyer
 Community Development Director | The Village of Skokie

Re: Response to Landscape Review Comments – Oberweis Dairy | 2011-29P Special Use Permit
 Plan Review: December 28, 2011  Cathy Stevens, Village Forester

Review 1 – Landscape Plan

 Item Staff Report Response
 1. The two honeylocusts proposed on the west side of The (2) Honeylocusts have been replaced with (2) Hedge
 the property are located directly under 3-phase Maples.
 power lines. These trees should be changed to low
 growing species. Hedge maples would be an
 acceptable replacement for the honeylocusts.
 2. The three Black Hills spruce trees are also under The (3) Black Hills Spruce have been replaced with (5)
 the power lines and should be changed. Arborvitae Arborvitae.
 would be an acceptable replacement, but more
 plants may be required to screen the dumpster.
 3. My experience with turf is that is does not fair well The sod has been replaced with Creeping Lilyturf as
 along major routes and the small area would be discussed with the Village Forester.
 difficult to maintain.
 4. The spacing of the three proposed hackberries in The Hackberries have been replaced with Princeton
 the northeast corner of the property is 20’ OC Sentry Ginkgo.
 which makes them too close. At maturity they
 would not thrive and could create a view
 obstruction of the street light at Dempster & Skokie
 Blvd. An upright specie such as Ginkgo or
 Chanticleer Callery pear would be appropriate for
 this location.
 5. The tree survey is accurate. Noted.

END OF RESPONSES

David R. McCallum Associates, Inc.




David McCallum

12595
MINUTES of a regular meeting of the Mayor and the Board of Trustees of the Village of
Skokie, Cook County, Illinois held in the Council Chambers at 5127 Oakton Street at 8
p.m. on Tuesday, February 21, 2012

The Fire Department Honor Guard presented the COLORS and Mayor Van Dusen led the
audience in the Pledge of Allegiance.

The Mayor called the meeting to order.
The Clerk called the Roll. Those present were Trustee Perille, Roberts, Sutker, Bromberg,
Lorge and Mayor Van Dusen. Trustee Shah was not present
Motion to approve the Consent Agenda.
Moved: Trustee Lorge Seconded: Trustee Sutker
Ayes: Perille, Roberts, Sutker, Bromberg, Lorge and Mayor Van Dusen
Nays: None.
Absent: Shah
MOTION CARRIED

* Approve, as submitted, minutes of regular meeting held February 6, 2012.
Omnibus vote.

* Approve Voucher List #19-FY12 of February 21, 2012.
Omnibus vote.

*Proclamations and Resolutions.
A. Proclamations:
Colorectal Cancer Awareness Month – March 2012
National Consumer Protection Week – March 7-13, 2012
B. Resolution:
Resolution 12-2-R-1175
Motion to approve a resolution supporting the Northwest Municipal Conference 2012
Legislative Program
Omnibus vote.

Appointments, Reappointments and Resignations.
A. Swearing in of the following personnel by the Board of Fire and Police by
Commissioner Ralph Egloff:
Name Old Position New Position
Stanley Goolish Firefighter Fire Lieutenant
Gabriel Millard Firefighter Fire Lieutenant
Thomas Doran Firefighter Fire Lieutenant
Mayor Van Dusen congratulated the new Fire Lieutenants who introduced their
family and friends.

*B. Appointments:
Board of Health (Two-Year Term): Heidi M. Nickisch Duggan
Consumer Affairs Commission (Two-Year Term): Clifford Levy
Human Relations Commission (Three-Year Term): Atorina Zomaya
Public Safety Commission (One-Year Term): Thomas Mannard, Vice Chair
Omnibus vote.

*C. Reappointments:
Board of Fire & Police Commissioners (Four-Year Term, One-Year Term as Chair):
David Jones
Plan Commission (Four-Year Term): David Marek
Omnibus vote.

*D. Resignation:
Beautification & Improvement Commission: Gerrie Levin
Omnibus vote.



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12596
Meeting of the Mayor and Board of Trustees
Tuesday, February 21, 2012 Page Two

Report of the Village Manager.
* A. Resolution 12-2-R-1176
Motion to adopt a resolution approving and authorizing support for the Village of Skokie Pre-
Application for the Illinois Department of Commerce and Economic Opportunity (DCEO)
Grant for the Hurricane IKE-Home Repair/Rehabilitation and Replacement (IKE-HRRP)
Program.
Omnibus vote.

Resolution 12-2-R-1177
Motion to approve a resolution committing resources to the Village of Skokie Pre-Application
for the Illinois Department of Commerce and Economic Opportunity (DCEO) Grant for the
Hurricane IKE-Home Repair/Rehabilitation and Replacement (IKE-HRRP) Program.
Omnibus vote.

* B. Fire Department Turnout Gear – Air One Equipment, Inc., South Elgin, IL - $41,790.
Motion to approve a contract to Air One Equipment, Inc. South Elgin, IL in the amount of
$41,790 for fire department turnout gear.
Omnibus vote.

Report of the Corporation Counsel.
 CONSENT:
*A.Ordinance 12-2-T-3886
Motion to adopt an ordinance providing for the addition of a portion of Oakton Street, from
Long Avenue to Skokie Boulevard, to the Municipal Street System of the Village of Skokie,
Cook County, Illinois. This item is on the consent agenda for second reading and adoption.
Omnibus vote.

FIRST READING:
B. Resolution 12-2-R-1178
Motion to adopt a resolution authorizing the publication of the Official Zoning Map for the
Village of Skokie, Illinois. This item is on the agenda for first reading and adoption.
Moved: Trustee Lorge Seconded: Trustee Sutker
Ayes: Perille, Roberts, Sutker, Bromberg, Lorge and Mayor Van Dusen
Nays: None.
Absent: Shah
MOTION CARRIED

SECOND READING:
C. Ordinance 12-2-C-3887
Motion to adopt an ordinance amending Chapter 22, Section 22-413, Chapter 46, Section 46-
123, and certain sections of Chapter 82 of the Skokie Village Code pertaining to signs and sign
fees.
This item is on the agenda for second reading and adoption.
Moved: Trustee Lorge Seconded: Trustee Perille
Motion to amend the ordinance to include signs in all the areas in the Village.
Moved: Trustee Lorge Seconded: Trustee Roberts
Ayes: Perille, Roberts, Sutker, Bromberg, Lorge and Mayor Van Dusen
Nays: None.
Absent: Shah
MOTION CARRIED
Motion to adopt the original motion as amended..
Moved: Trustee Lorge Seconded: Trustee Perille
Ayes: Perille, Roberts, Sutker, Bromberg, Lorge and Mayor Van Dusen
Nays: None.
Absent: Shah
MOTION CARRIED


 2
 12597

Meeting of the Mayor and Board of Trustees
Tuesday, February 21, 2012 Page Three

Unfinished Business.
A. Public Hearing to Consider a Proposed Plan of Operation and Governance for the
Village’s Residential and Small Commercial Retail Electricity Aggregation Program
Public Works Director Max Slankard conducted the Public Hearing. He gave a detailed
Power Point Presentation and explained the proposed plan. He also answered questions
from the Board and audience.
These residents spoke about the Program: Eric Finkelstein, 8314 Trumbull, Bonnie Fell,
4020 Grove, Marty Walsh, 8116 Niles Center, John Domke 8101 Keeler, Mr. Natker,
9240 Gross Point Rd and Dr. Liliana Fargo.
The second public hearing will be held March 5th.

Plan Commission.
Community Development Director Peyer presented the Plan Commission Case.
 A. Plan Commission Case 2011-29P – Special Use Permit request at 4811 Dempster
Street
Motion to concur with the Plan Commission’s recommendation that the petitioner’s
request for a special use to operate a limited service restaurant with a drive-through
facility be approved subject to all conditions.
Moved: Trustee Roberts Seconded: Trustee Bromberg
Ayes: Perille, Roberts, Sutker, Bromberg, Lorge and Mayor Van Dusen
Nays: None.
Absent: Shah
MOTION CARRIED

Architect Michael Aragona, and Dave Hassler, Vic President of Retail Services of
Oberweis answered questions from the Board and residents.
Ruth Wenger and Dale Scheck, beneficiary owners of 4800 Carol spoke about concerns
with the traffic and parking situations. Bonnie Fell, 4520 Grove spoke about the traffic
study.
Community Development Director Peyer and consultant William Woodward answered
questions from the Board.
Motion to amend Condition #6 to require a Plan Commission Case if petitioner desires
to expand drive through services to include items other than dairy products.
Moved: Trustee Perille Seconded: Trustee Roberts
Ayes: Perille, Roberts, Sutker, Bromberg, Lorge and Mayor Van Dusen
Nays: None.
Absent: Shah
MOTION CARRIED
Motion to approve the original motion as amended
Ayes: Perille, Roberts, Sutker, Bromberg, Lorge and Mayor Van Dusen
Nays: None.
Absent: Shah
MOTION CARRIED


Citizen Comments.
Bob Katzman, Magazine Museum spoke about marketing Downtown Skokie.


Adjournment
Motion to adjourn at 10:03 p.m.
Moved: Trustee Perille Seconded: Trustee Roberts
Ayes: Perille, Roberts, Sutker, Bromberg, Lorge and Mayor Van Dusen
Nays: None.
Absent: Shah.
MOTION CARRIED


 3
12598
Meeting of the Mayor and Board of Trustees
Tuesday, February 21, 2012 Page Four




 __________________________

 Marlene Williams, Village Clerk




Approved:
______________________
George Van Dusen, Mayor




 4