Board of Trustees — Skokie, IL
Date: 2013-04-03

WEDNESDAY, APRIL 3, 2013 – 8:00 P.M.

 1. Pledge of Allegiance led by Cub Scout Pack #85 from Middleton School.

 2. Call meeting to order and roll call.

 3. Approve Consent Agenda.

* 4. Approve, as submitted, minutes of regular meeting held Monday, March 18, 2013.

* 5. Approve Voucher List #22-FY13 of April 3, 2013.

* 6. Proclamations and Resolutions.
 A. Proclamations:
 Bataan Day: April 9, 2013

 7. Recognition, Awards and Honorary Presentations.
 A. Presentations:
 Beautification and Improvement Commission Awards
 Student Tobacco Poster Contest Winners
 Third Annual Public Health Partners in Excellence Awards

* 8. Appointments, Reappointments and Resignations.
 A. Appointment:
 Commission on Family Services (Three-Year Term): Paula Gremley
 B. Reappointments:
 Beautification and Improvement Commission (Two-Year Term): Cecile Pfaff, Edward
 M. Potash and Mitchell H. Sandler
 Board of Health (Two-Year Term): Milton Nidetz and Dr. Daniel Vicencio
 Fine Arts Commission (Two-Year Term): Pamela Garbarini, Janice Goldstein and
 Andrea Siegel (One-Year Term as Chair)
 Human Relations Commission (Three-Year Term): Marcia Arenson
 Telecommunications Advisory Commission (Two-Year Term): Randall R. Cling

 9. Presentations and Reports.

 10. Report of the Village Manager.
 A. Award of Recycling Collection Contract to Groot Industries.

 11. Report of the Corporation Counsel.
 CONSENT:
 * A. An ordinance vacating easements at the property located at 3536-3654 Touhy
 Avenue, Skokie, Illinois in a B2 Commercial district. This item is on the consent
 agenda for second reading and adoption.
 * B. An ordinance granting a special use permit to allow religious assembly at 5200
 Church Street, Skokie, Illinois in a B2 Commercial district, relief from Chapter 118,
 Section 118-218(2) of the Skokie Village Code, and the repeal of Village Ordinance
 Number 98-7-Z-2762 (2013-1P). This item is on the consent agenda for second
 reading and adoption.
 FIRST READING:
 C. A resolution authorizing the Village Manager and Assistant Village Manager to be
 authorized as additional signatories on Hurricane “IKE” grant-related documents,
 including but not limited to environmental compliance worksheets and contractor
 payments. This item is on the agenda for first reading and adoption.

 12. Unfinished Business.
AR:lg 426114
 13. New Business.

 14. Plan Commission.
 A. Plan Commission Case 2012-58P – Special Use Permit: 3434 Dempster Street
 B. Plan Commission Case 2013-2P – Special Use Permit: 9426 Skokie Boulevard

 15. Citizen Comments.

 16. Adjournment.




AR:lg 426114
 WHEREAS, on April 9, 1942, 76,000 officers of the United States Armed
Forces of the Far East (USAFFE) and the Philippine Commonwealth Army fought
side by side as comrades-in-arms, making a heroic last stand in Bataan and
Corregidor, Philippines to hold off the invading Japanese Imperial Army for three
months; and

 WHEREAS, only at the point of physical and emotional exhaustion, did these
courageous men and women, vastly outnumbered and severely depleted food, military,
and medical supplies, surrender to the invaders; and

 WHEREAS, on April 10, 1942, the defeated troops of Bataan were forced to
walk the infamous “Death March”, a torturous fifty miles that began in Mariveles and
Cabanatuan to Camp O’Donnell in Tarlac, which only 56,000 soldiers were able to
complete alive; and

 WHEREAS, according to the records of the Allied War Crimes Commission,
over 24,000 American and Filipino troops perished as Prisoners of War from atrocities
committed by the Japanese Imperial Army troops at Camp O’Donnell; and

 WHEREAS, the embattled American and Filipino troops displayed
extraordinary gallantry above and beyond the call of duty, in their defense of Bataan
and Corregidor; and

 WHEREAS, the Village of Skokie, the Human Relations Advisory Council on
Veterans’ Affairs and the Council on Asian Affairs, join with veteran groups and the
Filipino-American Community, in commemorating the 71s Anniversary of the Fall of
Bataan, and acknowledging the heroism of the Death March survivors and their fallen
comrades.

 NOW, THEREFORE, I, GEORGE VAN DUSEN, Mayor of the Village
of Skokie, do hereby proclaim April 9, 2013 as

 “BATAAN DAY”

in the Village of Skokie, and do urge every resident to recognize the sacrifices and
heroism made by the American and Filipino veterans during the Second World War.

 Dated this 3rd day of April 2013

 ____________________________________
 George Van Dusen
 Mayor
____________________________________
Marlene Williams, Village Clerk


VOSDOCS-#397531-v1-Proc__Bataan_day
 MML: 4/3/13 Manager’s Report
 THIS RESOLUTION MAY BE CITED AS
 VILLAGE RESOLUTION

 13-4-R-

 A RESOLUTION APPROVING AND AUTHORIZING A
 SOLID WASTE AGREEMENT WITH GROOT INDUSTRIES, INC.
 FOR SINGLE-FAMILY RECYCLING COLLECTION

 1 WHEREAS, the Village of Skokie’s (hereinafter the “Village”) five year contract with Groot
 2 Industries, Inc. (hereinafter “Groot”) for the weekly collection and transportation of recyclables
 3 from single-family households will expire on May 31, 2013; and

 4 WHEREAS, in order to take advantage of a competitive recycling collection marketplace,
 5 the Village released a Request for Proposals, which resulted in proposals from three entities; and

 6 WHEREAS, after a review of all proposals by the Public Works Director, the Purchasing
 7 Agent, and the Assistant to the Public Works Director, it was determined that Groot submitted the
 8 most cost advantageous proposal. Additionally, Groot has been the Village’s recycling contractor
 9 for more than 20 years, and has consistently provided a high level of service to the Village; and

10 WHEREAS, pricing for recycling collection is based upon a per household/per month price,
11 over a given number of units, and these charges would be paid directly by the Village to Groot. The
12 Village will also receive a monthly rebate based upon the commodity value of the recycled goods;
13 and

14 WHEREAS, Groot proposed to provide the service for an annual cost of $888,408, which is
15 then reduced by the rebate amount. The five year average tonnage of materials recycled is 5,655
16 tons with a minimum rebate amount of $10 per ton. This equates to a rebate of $56,550 and a net
17 cost to the Village of $831,858; and

18 WHEREAS, the Village will be able to reduce its costs further should either the quantity of
19 the material recycled increase, or the value of the commodities increase; and

20 WHEREAS, the contract is for a three (3) year period with two (2) one year renewals. The
21 cost escalation is based upon the annual CPI increase, with a 1% minimum and 3% maximum
22 increase; and

23 WHEREAS, the Village Manager recommended to the Mayor and Board of Trustees that the
24 Solid Waste Agreement with Groot Industries for single-family recycling collection, be approved
25 substantially in the form attached hereto and marked as Exhibit “1”, subject to changes approved by
26 the Village Manager or designee and the Corporation Counsel of the Village of Skokie;

27 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village
28 of Skokie, Cook County, Illinois that the Solid Waste Agreement with Groot Industries for single-
29 family recycling collection, a copy of which is attached hereto and marked Exhibit “1”, or subject to
30 changes approved by the Corporation Counsel and Village Manager or designee, be and the same
31 is hereby approved.


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 VOSDOCS-#426104-v1-Resolution__Approving_&_Authorizing_Groot_Recycling_Contract__2013
 1 BE IT FURTHER RESOLVED by the Mayor and Board of Trustees of the Village of Skokie,
 2 Cook County, Illinois that the Village Manager, or designee, is hereby authorized to execute the
 3 Solid Waste Agreement with Groot Industries, for single-family recycling collection, a copy of which
 4 is attached hereto and marked Exhibit “1”, subject to changes approved by the Corporation Counsel
 5 and Village Manager or designee.
 6
 7 PASSED this day of April, 2013.
 8
 9 Ayes:
10 Nays: Village Clerk
11 Absent:
12 Approved by me this day of
13 Attest: April, 2013.
14
15
16
17 Village Clerk Mayor, Village of Skokie
18
19
20




 Page 2 of 2
 VOSDOCS-#426104-v1-Resolution__Approving_&_Authorizing_Groot_Recycling_Contract__2013
 SOLID WASTE AGREEMENT

 THIS SOLID WASTE AGREEMENT (herein termed “AGREEMENT) is made
and entered into as of the 1st day of June, 2013 by and between GROOT INDUSTRIES,
INC., an Illinois Corporation (herein termed the “CONTRACTOR”) and the VILLAGE
OF SKOKIE, an Illinois Municipal Corporation (herein termed the “VILLAGE”).


 RECITAL

 The Village and Contractor have agreed to initiate a single family residential
recycling program with the Village of Skokie. The program will be implemented in
conjunction with the Solid Waste Agreement between the parties.

 NOW, THEREFORE, in consideration of the mutual premises, covenants and
conditions set forth herein and for other good and valuable consideration, the parties
hereto agree to the following provisions:


 ARTICLE I
 DEFINITIONS

 Section 1.1. Definitions.

 “Breach” means one of the items described in Sections 11.1 or 11.2.

 “Contractor” means Groot Industries, Inc., an Illinois corporation, and its
successors and assigns.

 “Event of Default” has the meaning specified in Sections 11.3 and 11.4.

 “Municipal Service” means the service provided by the Contractor, on behalf of
the Village.

 “Recyclable Materials” means items including, but not limited to: aluminum cans;
aluminum foil; aluminum pre-formed containers; steel, tin and bi-metal cans that shall
include dry paint cans and aerosol spray cans; clear, green and brown glass bottles and
jars; newspapers including slick paper inserts; magazines; phone books; catalogs;
paperback books; mixed papers (junk mail, chipboard, white and colored ledger paper,
brown kraft paper bags, gift wrap); corrugated cardboard; paper egg cartons; paper milk
and juice cartons; aseptic beverage containers; #1 PET plastic containers; #2 HPDE
plastic containers; #3 PVC containers; #4 LDPE containers, pack rings, bags and lids; #5
PP containers; #6 PS containers, #7 OTHER plastic containers and all other items that the
Village and the Contractor agree to recycle in the future.

 “Residential Unit” means Single Family Residence.

 “Revenues” means the high point per ton price of the Official Board Markets
(“OBM”) or its successor publication, yellow Sheet Price for #8 Newspaper in the first
week of each month, multiplied by the weight in tons of Recyclable Materials collected
by the Contractor for the previous month, less the Recyclable Materials Processing Fee.

 “State” means the State of Illinois.
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426109v1 Groot Recycling Agreement 2013
 “Solid Waste Agreement” means this Agreement, dated June 1, 2013, by and
between the Village and the Contractor, as amended from time to time.

 “SWANCC” means Solid Waste Agency of Northern Cook County.

 “Village” means the Village of Skokie, an Illinois Municipal Corporation.


 ARTICLE II
 SCOPE OF SERVICES

 Section 2.1. Services. The Contractor shall provide, on behalf of the Village,
services for the collection, transportation, processing of all recyclable materials as
specified in Articles IV, V and VI, at a facility or facilities mutually agreed upon by the
Village and the Contractor. The Contractor shall be the sole and exclusive agent of the
Village to provide the above referenced Services.

 Section 2.2. Modification of Required Services. The Village reserves the right
to adjust or expand the scope of Services outlined in Section 2.1 and required under this
Agreement, upon thirty (30) days prior written notice to the Contractor, to accommodate
changes in the definition of SWANCC Waste or changes in the scope of services
provided. The Village and the Contractor agree to negotiate an equitable adjustment to
the Contractor’s compensation under this Agreement required as a result of any
adjustment, modification or expansion of Services.

 Section 2.3 Change in Law Provision. The parties agree to negotiate a price
adjustment for Contractor’s performance of future services under this Agreement in the
event that there is a change of any nature (by modification, addition or deletion of any
provisions) in any Federal, State or local environmental or waste disposal law, ordinance
or regulation, and such event causes, or will cause, an increase in the Contractor’s future
costs of performing its obligations under this Agreement. Upon the occurrence of such
an event, the Contractor shall notify the Village in writing of its request to negotiate a
price adjustment, and shall submit documentation of the cost increases it anticipates as a
result of such event. The parties shall have sixty (60) days from the date that the
Contractor has delivered said notice to the Village in which to agree mutually on a price
adjustment for the Contractor’s performance of future services under this Agreement.


 ARTICLE III
 TERM OF SOLID WASTE AGREEMENT

 Section 3.1. Term of Agreement. The initial term of this Solid Waste
Agreement shall commence on June 1, 2013, and end on May 31, 2016 unless terminated
at an earlier date pursuant to the terms of this Solid Waste Agreement. Upon mutual
written agreement of both parties, this Agreement may be extended for up to two (2)
additional years in one (1) year increments. Execution of mutually agreed upon
extension(s) must be completed six (6) months prior to expiration of the previous term.




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426109v1 Groot Recycling Agreement 2013
 ARTICLE IV
 RECYCLABLE MATERIALS

 Section 4.1. Recyclable Materials Collection Service: Single Family

 (a) Recyclable Materials as defined in Article I shall be
 collected during the term of this Solid Waste Agreement. Co-mingled
 Recyclable Materials will be placed by each resident in the alley or at the
 curbside in the recycling containers provided by the Village. It will be the
 Village’s responsibility to replace missing or damaged recycling
 containers and for the overall maintenance and warranty administration for
 the containers. All uncontaminated Recyclable Materials placed in or next
 to the recycling containers shall be collected by the Contractor. Recyclable
 Materials do not need to be segregated within the containers. However,
 should the resident use paper bags for segregation, the Contractor shall
 collect, remove and recycle the bags and leave only the recycling
 containers.

 (b) The Village, with written consent from the Contractor, shall
 have the right to add materials to the list of Recyclable Materials stated in
 Article I.

 (c) The Contractor shall retain ownership of the Recyclable
 Materials and the Village shall receive 50% of the Revenues collected
 from the sale of the Recyclable Materials.

 (d) The Contractor shall provide a monthly accounting
 statement to the Village detailing and certifying the amount, in pounds, of
 Recyclable Materials collected, set-out and participation rates. The
 Contractor shall provide a monthly check to the Village for its portion of
 the Revenues collected from the Recyclable Materials.

 (e) If changes in the market for any particular Recyclable
 Material makes continued collection of such Recyclable Material not
 economically feasible, the Contractor shall consult with the Village
 regarding the market changes of the affected Recyclable Material. The
 Village may, in its discretion, agree to remove the commodity from the list
 of Recyclable Materials.

 (f) There shall be no limit to the number of recycling
 containers a resident may place at curbside for collection by the
 Contractor.

 (g) The Contractor shall be required to implement an
 informational card system for Recyclable Materials that are not collected.
 The card should indicate to the resident why the Recyclable Materials
 were not collected. The Contractor shall provide an example of the
 informational card to the Village for advance approval.

 (h) The Contractor shall provide weekly Recyclable Materials
 collection at all Village-owned or affiliated facilities at no charge. The
 Village currently requires service at the following locations:

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426109v1 Groot Recycling Agreement 2013
 Village Hall: 5127 Oakton Street
 Albert J. Smith Center: 5140 Galitz Street
 Fire Station #16: 7424 Niles Center Road
 Fire Station #17: 8157 Central Park Avenue
 Fire Station #18: 9024 Gross Point Road
 Police Facility: 7300 Niles Center Rd.
 Public Works Garage: 9050 Gross Point Road
 Skokie Public Library 5215 Oakton Street

 The above list may be modified from time to time by mutual agreement
 between the Contractor and the Village.

 (i) The Contractor will provide a supervisor for the purposes
 of coordinating the recycling program and for complaint follow-up and
 resolution. It will be that supervisor’s responsibility to regularly contact
 the Village throughout the day to ensure that substantiated complaints
 received by the Village are resolved.

 (j) The Contractor shall assist the Village in the
 implementation of a public relations program in order to promote
 recycling. This assistance would include but not be limited to brochure
 assimilation, publication and distribution.

 (k) The Contractor shall ensure that all recycling stops are
 collected in the proper manner and that all acceptable material is collected,
 that dropped materials are picked up and collected, and that containers are
 placed back to their appropriate locations with lids closed.

 (l) The Contractor will provide to the Village upon request,
 verification of the end markets utilized and substantiated that the markets
 are viable and processing material collected in the Village program.


 ARTICLE V
 SCHEDULE AND LOCATION OF COLLECTIONS

 Section 5.1 Schedule. The Contractor shall make collections once a week per
Single Family household, and only between 7:00 A.M. and 7:00 P.M., Monday through
Friday. Saturday collections shall only occur with permission from the Village.

 Section 5.2. Location of Collections. If the residential unit has a serviceable
alley, recycling collections will be made in that alley. If there is no serviceable alley, the
resident will be required to place the recycling container at the curb for collection.


 Section 5.3. Holidays. The following shall be holidays for purposes of this
Solid Waste Agreement: New Year’s Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day and Christmas Day. The regularly scheduled collection day and
pick up will be delayed one day and Wednesday and/or Saturday collection will be
necessary at the approval of the Village. For purposes of this Solid Waste Agreement,
three holidays recognized by the Village (i.e., Martin Luther King Day, President’s Day
and the Day after Thanksgiving) shall not affect the normal schedule of solid waste
collection services described herein.
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426109v1 Groot Recycling Agreement 2013
 ARTICLE VI
 DISPOSAL

 Section 6.1 Recyclable Materials. The Contractor shall transport for
processing all recyclable materials collected pursuant to this Solid Waste Agreement to a
licensed facility. Such materials shall not be co-mingled with any other waste from any
other entity besides the Village.


 ARTICLE VII
 COMPENSATION

 Section 7.1 Compensation. For providing for, on behalf of the Village; the weekly
collection, transportation and disposal of recyclable materials; the Contractor shall
receive as compensation $4.57 per unit, monthly.

 Section 7.2. Annual Program Cost Escalation.

 (i) Rates to be paid by the Village for services rendered for the
 program described above may be adjusted on an annual basis after the first
 contract year. Any increases are to be applied on June 1 of the contract
 year, using the CPI index published on the previous January 1.

 (ii) The Contractor will utilize the Consumer Price Index - for
 all Urban Consumers, (CPI-U), of Chicago, Illinois – Gary, Indiana –
 Lake County, Illinois (not seasonally adjusted) as published by the U.S.
 Department of Labor, Bureau of Labor Statistics in its annual adjustment
 review. The Consumer Price Index factor shall be the increase/decrease of
 the index for the calendar year prior to the effective date of the
 increase/decrease (i.e. December 1st Index percentage will be used for
 calculating the percentage increase/decrease for January 1st).

 (iii)  It is agreed that annual escalation rates cannot exceed a
 maximum of 3% or be less than a minimum of 1%.

 Section 7.3 Collection Failures & Liquidated Damages. If the Contractor fails to
 make a single family residential recyclable materials collection per the terms of
 this Agreement at any particular residence on a regularly scheduled collection day
 (excluding holidays) and is notified verbally, or non-verbally of such a failure by
 the Village or resident prior to 12:00 noon on that same collection day, the
 Contractor is required to service such residence before 7:00 p.m. of the same day.
 However, the Contractor shall not be liable for damages for delay in performance
 or failure to collect when such delay or failure is the result of fire, flood, act of
 God, Public enemy or by any other circumstances which are beyond the control of
 the Contractor, excluding labor strike/work stoppage. The verified failure (as
 defined below) to make a collection shall be cause to deduct $10.00 per verified
 failure collection, as liquidated damage from the monthly payment, in addition to
 deduction of the regular pick-up rate (pro-rated). Except in the event of a labor
 strike/work stoppage where the regular pick-up rate will be pro-rated to account
 for each instance of missed pick-up and no liquidated damages in the amount of
 $10.00 per verified failure collection will be collected.
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426109v1 Groot Recycling Agreement 2013
 (a) Verified failure to collect is defined as not the result of fire, flood,
 act of God, public enemy or by any other circumstances which are beyond the
 control of the Contractor, excluding labor strike/work stoppage; not the result of
 verbal or non-verbal notification from the Village or resident, or plant shutdown
 or equipment failures, when Contractor services such notification in accordance
 with the Agreement.

 Notification of failure to collect from the Village shall be defined as:

 (i) Non-verbal, written material from the Village, to the
 Contractor by way of e-mail, facsimile and/or text and must reflect the time in
 which the non-verbal notification of failure to collect was sent to the Contractor.
 The Contractor must record by written material the time in which the non-verbal
 notification is received, as well as the time in which the collection is made.

 (ii) Verbal communication to the Contractor by a telephone
 request from the Village to the Contractor. Upon receiving a verbal telephoned
 request from the Village to the Contractor, the Contractor must record by written
 material the time in which the verbal telephone request is received, as well as the
 time in which the collection is made.

 Notification of failure to collect from a resident shall be defined as verbal
 communication to the Contractor by a telephoned request from the resident to the
 Contractor. Upon receiving a telephoned request from the resident to the
 Contractor, the Contractor must record by written material the time in which the
 telephone request is received, as well as the time in which the collection is made.

 Section 7.4 Payment Terms. Payment by the Village to the Contractor shall be
 made within ten (10) days after the end of each month.


 ARTICLE VIII
 INSURANCE AND INDEMNIFICATION

 Section 8.1. Insurance. The Contractor shall secure and maintain insurance for
general liability up to One Million Dollars ($1,000,000) per each occurrence limit and
bodily injury, property damage and automotive liability up to One Million Dollars
($1,000,000) per occurrence. The Contractor shall provide the Village with a Certificate
of Insurance indicating such coverage and naming the Village as an additional insured. A
copy of said certificate is attached hereto, marked Exhibit III and made part of this
Agreement. The minimum best insurance rating of the insurer issuing this policy shall be
A-l.

The Contractor shall secure and maintain worker’s compensation insurance for the
statutory amount for the Contractor’s employees. The Contractor shall provide the
Village with a Certificate of Insurance indicating such insurance coverage. All insurance
policies required by this Agreement shall contain a provision that the carrier must provide
thirty (30) days written notice to the Village before any cancellation of coverages
becomes effective. Evidence of insurance coverage required shall be furnished annually
to the Purchasing Agent, Village of Skokie, 5127 Oakton Street, Skokie, IL. 60077.

 Section 8.2. Indemnification. The Contractor agrees to indemnify, defend and

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426109v1 Groot Recycling Agreement 2013
hold harmless the Village, its officials, employees, agents, representatives and attorneys,
in both their official and individual capacities, from and against any and all injuries,
deaths, claims, tosses, damages, suits, demands, actions and causes of actions, expenses,
fees, including attorneys’ fees, and costs which may accrue against the Village in
consequence of entering into this Solid Waste Agreement or which may result from or
arise out of any action or omission of the Contractor, its officers, employees, agents or
subcontractors.


 ARTICLE IX
 PERFORMANCE BOND

 Section 9.1. Performance Bond. The Contractor shall furnish a performance
bond for the faithful performance of this Agreement, such bond to be executed by a
responsible surety company and to be in the penal sum of 50% of the total of the first
year contract value. After the first year term of the contract, the Contractor shall submit a
performance bond annually in the amount of $100,000, and shall indemnify the Village
against losses from any failure of performance by the Contractor. The bond must be
posted by May 1st of each year.

In the event that the Contractor fails to collect, remove and properly dispose of recyclable
material herein provided to be collected and disposed in accordance with the terms of this
Agreement from premises constituting ten percent (10%) of the total number of unit
dwellings within a period of one service week; and such failure is not caused by the
events outlined in Section 11.11 of the Agreement, the Village may, at its option, cause
such material to be collected and disposed of by any means available and all expenses
incurred by the Village thereby may be charged against the Contractor and the
Performance Bond. Such failure of the Contractor to perform over a sixty (60) day period
shall be grounds for immediate termination of this Agreement by the Village.


 ARTICLE X
 BREACH, EVENTS OF DEFAULT AND REMEDIES

 Section 10.1. Breach by Contractor. Each of the following shall constitute a
 Breach on the part of the Contractor:

 (a) Failure of the Contractor to perform timely any obligation
 under this Solid Waste Agreement except that such failure shall constitute
 a Breach only if such failure remains uncured for five (5) days after notice
 to the Contractor from the Village of such failure; provided however, that
 this five (5) day notice with opportunity to cure shall not be required in the
 event of persistent and repeated failure to perform; or

 (b) (A) The Contractor’s being or becoming insolvent or
 bankrupt or ceasing to pay its debts as they mature or making the
 arrangement with or for the benefit of its creditors or consenting to or
 acquiescing in the appointment of the receiver, trustee or liquidator for a
 substantial part of its property, (B) a bankruptcy, winding up,
 reorganization, insolvency, arrangement or similar proceeding being
 instituted by the Contractor under the laws of any jurisdiction, (C) a
 bankruptcy, winding up, reorganization, insolvency, arrangement or
 similar proceeding being instituted against the Contractor under the laws
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426109v1 Groot Recycling Agreement 2013
 of any jurisdiction, which proceeding has not been dismissed within one
 hundred and twenty (120) days, (D) any action or answer by the
 Contractor approving of, consenting to or acquiescing in any such
 proceeding, or (E) the levy of any distress, execution or attachment upon
 the property of the Contractor which shall (or reasonably might be
 expected to) substantially interfere with its performance under this Solid
 Waste Agreement, or

 (c) The landfilling of any accepted recyclable commodity
 without the Village’s authorization to do so.

 Section 10.2 Breach by Village. Each of the following shall constitute a Breach
on the part of the Village:

 (a) the failure of the Village to pay within thirty (30) days after notice
 from the Contractor of such nonpayment, amounts which are undisputed or which
 are determined to be due to the Contractor under this Agreement;

 (b) (i) the Village’s being or becoming insolvent or bankrupt or ceasing
 to pay its debts as they mature or making an arrangement with or for the benefit of
 its creditors or consenting to or acquiescing in the appointment of a receiver, trustee
 or liquidator for a substantial part of its property, (ii) a bankruptcy, winding up,
 reorganization, insolvency, arrangement or similar proceeding being instituted by
 the Village under the laws of any jurisdiction, (iii) a bankruptcy, winding up,
 reorganization, insolvency, arrangement or similar proceeding being instituted
 against the Village under the laws of any jurisdiction, which proceeding has not
 been dismissed within one hundred and twenty (120) days, (iv) any action or
 answer by the Village approving of, consenting to or acquiescing in any such
 proceeding, or (v) the levy of any distress, execution or attachment upon the
 property of the Village which shall (or reasonably might be expected to)
 substantially interfere with its performance under this Solid Waste Agreement.

 Section 10.3. Events of Default and Remedies of Village.

 (a) If a Breach occurs under Section 10.1, the Village may exercise any
 one or more of the following remedies:

 (i) The Village may declare an Event of default and may then
 terminate this Solid Waste Agreement immediately, or terminate any
 portion of the services under the separate articles of the Agreement, upon
 notice to the Contractor and, subject to the provisions of sub-paragraph (v)
 below, upon such termination the Contractor shall cease providing
 services under this Agreement;

 (ii) The Village may seek and recover from the Contractor all
 substantiated costs for the failure of the Contractor to perform any
 obligation under this Agreement and all damages, whether based upon
 agreement, negligence (including tort), warranty, delay or otherwise,
 arising out of the performance or non-performance by the Contractor of its
 obligations under this Solid Waste Agreement, and whether incidental,
 consequential, indirect or punitive, resulting from the Breach;

 (iii) The Village may (A) call upon the sureties to perform their
 obligations under the performance bond or (B) in the alternative, after
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426109v1 Groot Recycling Agreement 2013
 releasing the sureties from their obligations under the performance bond,
 take over and perform the required services by its own devices, (C) may
 enter into a new contract for the required services, or any portion thereof,
 or (D) may use other such methods as shall be required in the opinion of
 the Village for the performance of the required services;

 (iv) The Village shall have the power to proceed with any right
 or remedy granted by federal and/or state laws as it may deem in the best
 interest of the Village, including but not limited to, any suit, action or
 special proceeding in equity or at law for the specific performance of any
 covenant or agreement contained herein, or for the enforcement of any
 proper legal or equitable remedy as the Village shall deem most effectual
 to protect the rights aforesaid, insofar as such may be authorized by law.

 (v) The Village shall have the power to terminate any portion
 of this Agreement if the Village decides, for good faith, public policy
 reasons, to cease providing a particular type of service as established in
 this Agreement. Upon any such termination of this Agreement, the
 Contractor shall for a period requested by the Village, but no longer than
 six (6) months, continue to perform the contractual services during which
 period the Village shall continue to pay the Contractor its scheduled
 compensation;

 (vi) No remedy by the terms of this Agreement conferred upon
 or reserved to the Village is intended to be exclusive of any other remedy
 shall be cumulative and shall be in addition to any other remedy given to
 the Village. No delay or omission to exercise any right or power accruing
 upon any Event of Default shall impair any such right or power or shall be
 construed to be a waiver of any such Event of Default or acquiescence
 therein, and every such right and power may be exercised from time to
 time and as often as may deemed expedient. No waiver of any Event of
 Default shall extend to or shall affect any subsequent default or Event of
 Default or shall impair any rights or remedies consequent thereto.

 (b) This Section 10.3 shall survive the termination of this Solid Waste
 Agreement.

 Section 10.4. Events of Default and Remedies of Contractor

 (a) If a Breach occurs under Section 10.2, the Contractor may declare an
 Event of Default and terminate this Agreement immediately, upon
 notice to the Village. In such event, the contractor’s sole remedy
 shall be to seek and recover from the Village any unpaid amounts
 due to the Contractor and any other damages allowable by law,
 resulting from the Breach. The Contractor shall not be entitled to
 specific performance or any other equitable remedies.

 (b) This Section 10.4 shall survive termination of this Solid Waste
 Agreement.




 ARTICLE XI
 9
426109v1 Groot Recycling Agreement 2013
 MISCELLANEOUS

 Section 11.1 Equipment to be Used by Contractor. For the collection of
 Recyclable Materials, the Contractor shall use trucks specifically
 designated for that purpose.

 Section 11.2 Compliance with Laws; Rules and Regulations. The Contractor
 shall comply at all times with all applicable Federal, State and
 Skokie laws, ordinances and regulations at any time applicable to
 the Contractor’s operations under this Agreement with no increase
 to the Contractor’s compensation as set forth in this Agreement.
 The Contractor shall obtain, at its own expense, all permits and
 licenses required by law or ordinance and maintain the same in full
 force and effect.

 Section 11.3 Care and Performance. The Contractor shall undertake to perform
 all services rendered hereunder in a neat, thorough and
 workmanlike manner, without supervision by the Village, and to
 use care and diligence in the performance of all specified services
 and to provide neat, orderly, uniformed and courteous employees
 and personnel on its crews. The Contractor shall be responsible for
 removing any spillage from the parkway, streets or collection
 areas.

 Section 11.4 No Alcohol or Drugs. The Contractor shall furnish capable and
 competent employees for these collection services. The Contractor
 shall prohibit and use its best efforts to enforce the prohibition of
 any drinking of alcoholic beverages or use of illegal drugs by its
 drivers and crew members while on duty or in the course of
 performing their duties under this Agreement.

 Section 11.5 Governing Law. This Agreement and any questions concerning its
 validity, construction or performance shall be governed by the laws
 of the State of Illinois.

 Section 11.6 Severability. The invalidity or unenforceability of one or more of
 the terms or provisions contained in this Agreement shall not affect
 the validity or enforceability of the remaining terms and provisions
 of this Agreement so long as the material purposes of this
 Agreement can be determined and effectuated.

 Section 11.7. Non-Assignability. The Contractor shall not assign or subcontract
 this Solid Waste Agreement or the work hereunder, or any part
 thereof, to any other person, firm, or corporation without prior
 written consent of the Village, whose approval must not be
 unreasonable withheld, but the Contractor may perform its
 obligations hereunder through its subsidiaries or divisions. Such
 assignment shall not relieve the Contractor from its obligations or
 change the terms of this Solid Waste Agreement.

 Section 11.8. Equal Employment Opportunity. During the term of this Solid
 Waste Agreement, the Contractor shall comply in all respects with
 the Equal Employment Opportunity Act. The Contractor shall have
 a written equal employment opportunity policy statement declaring
 10
426109v1 Groot Recycling Agreement 2013
 that it does not discriminate on the basis of race, color, religion,
 sex, national origin, disability, or age. Findings of non-compliance
 with applicable State or federal equal employment opportunity
 laws and regulations may be sufficient reason for revocation or
 cancellation of this Agreement.

 Section 11.9. Prevailing Wage Rates. Not less than the prevailing rate of wages,
 as found by the Illinois Department of Labor for the Cook County
 region, or determined by a court on review, shall be paid to all
 laborers, workers and mechanics performing work under this
 Agreement. The Contractor and any subcontractor shall keep an
 accurate record showing the names and occupations of all laborers,
 workers, and mechanics employed by them on this Agreement and
 showing the actual hourly wages paid to each such person. The
 submission by the Contractor and each subcontractor of payrolls,
 or copies thereof, is not required. However, the Contractor and
 each subcontractor shall preserve their weekly payroll records for a
 period of three (3) years from the date of completion of this
 Agreement.

 Section 11.10. Service Calls. The Contractor shall maintain an office telephone
 for the receipt of service calls or complaints and shall have staff
 available for such calls on all business days from 7:00 A.M. to
 5:00 P.M. Direct radio contact between office staff and on-site
 supervisors have to be maintained. All notices, demands, or other
 communications shall be in writing and shall be deemed duly
 serviced if sent by certified mail, return receipt requested,
 addressed to the party intended to be served or personally served
 until changed in the manner provided by the previous sentence.
 The addresses of the parties shall be as follows:

 (a) If to Village:
 Village of Skokie
 5127 Oakton Street
 P.O. Box 309
 Skokie, IL 60077
 ATTN: Albert J. Rigoni, Village Manager

 (b) If to Contractor:
 Groot Industries, Inc.
 2500 Landmeier Road
 Elk Grove Village, IL 60007
 ATTN: Frank Hillegonds, Municipal Manager

 Section 11.11. Force Majeure. Except as otherwise provided herein, the
obligations of the Contractor hereunder shall be suspended in the event the collection,
transportation, or disposal of any waste under this Contract is prevented by a cause or
causes beyond the reasonable control of the Contractor. Such causes shall include, but
not be limited to Acts of God, acts of war, riot, fire, explosion, accident, flood or
sabotage. In the event the Contractor asserts a right to suspend performance under this
Section, the contractor shall (i) within twenty-four (24) hours after it has knowledge of
 11
426109v1 Groot Recycling Agreement 2013
the effective cause, notify the Village of the cause for suspension, the performance
suspended, and the anticipated duration of suspension and (ii) advise the Village when
the suspending event has ended and when performance will be resumed. Once the
suspending event ends, the Contractor shall promptly resume performance.


 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized representatives, all on the day and year first above
written.

VILLAGE OF SKOKIE GROOT INDUSTRIES, INC.



By: ______________________________ By: _________________________



Attest: Attest:


_________________________________ ____________________________



Its: Village Clerk Its: __________________________




 12
426109v1 Groot Recycling Agreement 2013
 st
 MML: 3/18/13 1 Reading
 A
 *4/3/13

 THIS ORDINANCE MAY BE CITED AS
 VILLAGE ORDINANCE NUMBER
 13-4-Z-

 AN ORDINANCE VACATING EASEMENTS AT THE
 PROPERTY LOCATED AT 3536-3654 TOUHY AVENUE,
 SKOKIE, ILLINOIS IN A B2 COMMERCIAL DISTRICT

 1 WHEREAS, CSD Touhy, LLC, the owner of the property commonly known as 3536-
 2 3654 Touhy Avenue, Skokie, Illinois (the “Subject Property”), in a B2 Commercial district, is
 3 requesting the vacation of easements for all public utilities, railroads, and roadways within
 4 the Subject Property that are no longer needed due to the conversion of the Subject
 5 Property from industrial to commercial use; and

 6 WHEREAS, included in these requested vacations are three (3) easements (the
 7 “Subject Easements”) that contain Village utilities or a grant of public right of way access
 8 and are depicted on the Plat of Vacation, dated November 9, 2012, and commonly
 9 described as follows:
10 (i) A public utility easement for use by Lots 1 and 2 in National Wax Subdivision that
11 served the 3650 Touhy Avenue and the 3649 Chase Avenue properties,
12 (ii) A ten (10) foot wide easement for the water main running along the east side of
13 the property and adjacent to St. Louis Avenue that ran across the 3600 Touhy Avenue
14 property,
15 (iii) A ten (10) foot wide easement for a public roadway (right of way) and shares that
16 same foot print as the water main easement; and

17 WHEREAS, CSD Touhy, LLC has previously gone through the public hearing
18 process for a planned development, culminating in the adoption of Village Ordinance
19 Number 12-5-Z-3900 with regard to a new shopping center to be located on the Subject
20 Property. At the time, it was thought there was no need to vacate the above easements but
21 it has since been determined that the Subject Easements are an unnecessary
22 encumbrance; and

23 WHEREAS, the Village utilities have been abandoned and the easements are not
24 needed as they serve no public function. This vacation will subserve the public interest by
25 eliminating unnecessary claims; and

26 WHEREAS, the Subject Easements are depicted and legally described on the Plat
27 of Vacation, dated November 9, 2012, a copy of which is attached hereto as Exhibit “A”; and

28 WHEREAS, the nature and extent of the public use or public interest to be
29 subserved in the Subject Easements shall warrant the vacation of the same; and




 Page 1 of 2
 VOSDOCS-#425567-v1-Ordinance__Plat_of_Vacation__Easement_Rights__Touhy_Marketplace__3536-3654_Touhy
 1 WHEREAS, no compensation shall be paid by the owners of the Subject Property,
 2 since it has been determined that the vacation of the Subject Easements will benefit both
 3 the Subject Property owner and the Village; and

 4 WHEREAS, the Mayor and Board of Trustees of the Village of Skokie, at a public
 5 meeting duly held April 3, 2013, concurred in the recommendation of the Skokie Plan
 6 Commission;

 7 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the
 8 Village of Skokie, Cook County, Illinois:

 9 Section 1: That the above stated Recitals are restated and incorporated as if
10 stated in full.

11 Section 2: That the following three (3) requested easement vacations, located in
12 the Village of Skokie, described below, and depicted on the Plat of Vacation, dated
13 November 9, 2012, a copy of which is attached hereto as Exhibit “A”, be and the same are
14 hereby vacated:
15 (i) A public utility easement for use by Lots 1 and 2 in National Wax Subdivision that
16 served the 3650 Touhy Avenue and the 3649 Chase Avenue properties,
17 (ii) A ten (10) foot wide easement for the water main running along the east side of
18 the property and adjacent to St. Louis Avenue that ran across the 3600 Touhy Avenue
19 property,
20 (iii) A ten (10) foot wide easement for a public roadway (right of way) and shares that
21 same foot print as water main easement.

22 Section 3: That the public interest and benefit will be subserved by the vacation of the
23 Subject Easements referenced herein.

24 Section 4: That the aforesaid vacation, shall be effective upon the recording of a
25 Plat of Vacation by the Village of Skokie in the Office of the Recorder of Deeds of Cook
26 County.
27 Section 5: That this Ordinance shall be in full force and effect from and after its
28 passage, approval, and recordation as provided by law.
29 ADOPTED this day of April, 2013.
30
31 Village Clerk
32 Ayes:
33 Nays:
34 Absent:
35 Approved by me this day of
36 Attested and filed in my April, 2013.
37 office this day of
38 April, 2013.
39
40 Mayor, Village of Skokie
41
42 Village Clerk


 Page 2 of 2
 VOSDOCS-#425567-v1-Ordinance__Plat_of_Vacation__Easement_Rights__Touhy_Marketplace__3536-3654_Touhy
Exhibit A
 st
 MML: 3/4/13 1 Reading
 B
 *4/3/13
 PC: 2013-1P
 SUP: 307.02
 THIS ORDINANCE MAY BE CITED AS
 VILLAGE ORDINANCE NUMBER

 13-4-Z-


 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW
 RELIGIOUS ASSEMBLY AT 5200 CHURCH STREET, SKOKIE,
 ILLINOIS IN A B2 COMMERCIAL DISTRICT, RELIEF FROM CHAPTER
 118, SECTION 118-218(2) OF THE SKOKIE VILLAGE CODE, AND THE
 REPEAL OF VILLAGE ORDINANCE NUMBER 98-7-Z-2762

 1 WHEREAS, the owner of the following described real property:

 2 LOT 801 (EXCEPT THE SOUTH 7 FEET THEREOF) IN KRENN AND DATO’S CHURCH
 3 STREET “L” TERMINAL SUBDIVISION OF PART OF LOT 25 IN COUNTY CLERK’S
 4 DIVISION IN SECTION 16, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD
 5 PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
 6 PIN: 10-16-128-036-0000
 7 more commonly described as 5200 Church Street, Skokie, Illinois (the “Subject Property”),
 8 petitioned the Village of Skokie to modify the special use permit to allow religious assembly
 9 in a B2 Commercial district; and

10 WHEREAS, Grace Chinese Church (hereinafter “Church”), the owner of the Subject
11 Property, was previously granted a special use permit in 1998, pursuant to Village Ordinance
12 Number 98-7-Z-2762; and

13 WHEREAS, condition number three (3) of the special use permit allows for a maximum
14 seating capacity of 60 persons. The Church desires to increase the seating capacity to 100
15 persons due to expanding membership; and

16 WHEREAS, regular attendance at services has increased to 80 attendees with
17 approximately 100 attendees during the holidays. There are currently 15 off-street parking
18 spaces and the Church desires to increase this to 19 parking spaces. The Village has verified
19 that the Church has a reciprocal agreement with ComEd to utilize their parking lot for any
20 parking overflow; and

21 WHEREAS, due to the Church’s desire to expand its authorized seating to 100, the
22 off-street parking requirement would be 25 spaces, thus the Church is requesting relief from
23 Chapter 118, Section 118-218(2) of the Skokie Village Code to be allowed to provide 19 rather
24 than the required 25 off-street parking spaces; and

25 WHEREAS, the Skokie Plan Commission, at a public hearing duly held on February 7,
26 2013, for which proper legal notice had been achieved and no interested parties appeared, (a)
27 made the appropriate findings of fact as required under Section 118-32 of the Skokie Village


 Page 1 of 4
 VOSDOCS-#425271-v1-Ordinance__2013-1P__SUP__Religious_Assembly__5200_Church__Grace_Chinese_Christian_Church
 1 Code and (b) voted to recommend to the Mayor and Board of Trustees that the requested
 2 special use permit be granted subject to the conditions contained in the Plan Commission
 3 Report dated March 4, 2013; and

 4 WHEREAS, it was further recommended that the best manner in which to achieve the
 5 modification was to repeal Village Ordinance Number 98-7-Z-2762 and grant a special use
 6 permit with revised conditions; and

 7 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on March
 8 4, 2013, concurred in the aforesaid recommendations and findings of fact of the Skokie Plan
 9 Commission;

10 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the
11 Village of Skokie, Cook County, Illinois:

12 Section 1: That Village Ordinance Number 98-7-Z-2762, be and the same is hereby
13 repealed.

14 Section 2: That the special use permit requested by the petitioner to allow religious
15 assembly at the Subject Property, described above and commonly known as 5200 Church
16 Street, Skokie, Illinois, in a B2 Commercial district, be and the same is hereby granted and
17 approved subject to each of the conditions set forth below:
18 1. The petitioners must develop the Subject Property in substantial conformance
19 with the final Village approved plat of survey dated March 12, 1998, existing
20 site plan dated November 6, 2012, proposed site plan dated December 6,
21 2012, and existing floor plan dated November 6, 2012;
22 2. Prior to the issuance of permits to expand the parking lot, the petitioner must:
23 A. Provide pavement elevations to indicate that stormwater drainage will
24 be directed from the proposed parking spaces into the existing storm
25 sewer structure in the parking lot,
26 B. Clean out the storm sewer structure and verify that a restrictor is
27 present,
28 C. Coordinate the design and construction phase of the parking lot with
29 Civil Engineering staff;
30 3. The maximum seating capacity in the worship area shall be limited to 100
31 seats. Any increase in the seating capacity or the overall area that the church
32 occupies in the building shall require an amendment to the Special Use Permit
33 through the full public hearing process along with a request for relief from
34 Section 118-218(2) of the Village Code;
35 4. Any change in user to another religious group shall require an application for a
36 new Special Use Permit, including public hearings;
37 5. One bicycle parking space must be provided in compliance with Section 118-
38 221 of the Skokie Village Code and must be installed to the right of the front
39 entrance to the church;
40 6. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas,
41 signage, landscaping, structures, and any other facilities or infrastructure on


 Page 2 of 4
 VOSDOCS-#425271-v1-Ordinance__2013-1P__SUP__Religious_Assembly__5200_Church__Grace_Chinese_Christian_Church
 1 the Subject Property must be maintained in a good state of repair, and when
 2 needed, be repaired or replaced in a timely manner;
 3 7. Parking lot and exterior lighting must meet IES standards, be full cut-off design
 4 and be directed away from adjacent properties, subject to the approval of the
 5 Engineering Division;
 6 8. All off-street parking spaces must be legibly striped and maintained;
 7 9. All modifications to building elevations, signage, and landscaping shall be
 8 subject to the review and approval of the Skokie Appearance Commission;
 9 10. All signage must conform to the Skokie Village Code. Any sign on the Subject
10 Property that is in violation of that Code must be removed or modified to
11 conform with the Village Code prior to the issuance of an occupancy permit;
12 11. Vehicles must always be parked between, and not overlap, the striped lines of
13 designated parking spaces and must not block driveways, sidewalks, aisles, or
14 other points of access;
15 12. All private and public sidewalks must be maintained free of snow, ice, sleet, or
16 other objects that may impede travel;
17 13. All buildings must meet current International Building and NFPA Life Safety
18 Codes as amended;
19 14. Prior to the issuance of building permits, the petitioners must submit to the
20 Planning Division of the Community Development Department the name,
21 address, and telephone number of the company and contact person
22 responsible for site maintenance in compliance with the special use permit;
23 15. If work is to be performed on public property or if public property is utilized or
24 impacted during construction and/or development, the owner shall provide, or
25 shall cause the developer and/or contractor to provide, the Village of Skokie
26 with a certificate of insurance naming the Village of Skokie as additionally
27 insured for any and all claims related to any and all work. The owner shall
28 hold, and shall cause the developer and/or contractor to hold, the Village of
29 Skokie harmless and indemnify the Village for any and all claims for property
30 damage or personal injury related to work on or use of public property;
31 16. The petitioners shall comply with all Federal and State statutes, laws, rules
32 and regulations and all Village codes, ordinances, rules, and regulations;
33 17. Failure to abide by any and all terms of this Ordinance shall be cause for the
34 Village to initiate hearings to determine whether the subject Ordinance, as well
35 as any applicable business licenses, should be revised or revoked; and
36 18. The petitioners shall pay all costs related to any hearings conducted as a
37 result of non-compliance with any of the provisions of the enabling ordinance.
38 The costs shall include but not be limited to court reporter fees, attorney fees,
39 and staff time required researching and conducting said hearing.

40 Section 3: That relief be granted from §118-218(2) of the Skokie Village Code to
41 provide 19 rather than 25 off-street parking spaces.




 Page 3 of 4
 VOSDOCS-#425271-v1-Ordinance__2013-1P__SUP__Religious_Assembly__5200_Church__Grace_Chinese_Christian_Church
 1 Section 4: That a notice of the approval of this Ordinance incorporating the
 2 conditions contained herein shall be executed by the owner of the property in writing and
 3 duly recorded with the Cook County Recorder of Deeds Office at the owner’s expense.

 4 Section 5: That this Ordinance shall be in full force and effect from and after its
 5 passage, approval and recordation as provided by law.
 6
 7 ADOPTED this day of April, 2013.
 8
 9 Village Clerk
10 Ayes:
11 Nays:
12 Absent:
13 Approved by me this day of
14 Attested and filed in my April, 2013.
15 office this day of
16 April, 2013.
17
18 Mayor, Village of Skokie
19
20 Village Clerk




 Page 4 of 4
 VOSDOCS-#425271-v1-Ordinance__2013-1P__SUP__Religious_Assembly__5200_Church__Grace_Chinese_Christian_Church
 MML: 4/3/13
 C
 THIS RESOLUTION MAY BE CITED AS
 VILLAGE RESOLUTION

 13-4-R-


 A RESOLUTION AUTHORIZING THE VILLAGE MANAGER AND
 ASSISTANT VILLAGE MANAGER TO BE AUTHORIZED AS ADDITIONAL
 SIGNATORIES ON HURRICANE “IKE” GRANT-RELATED DOCUMENTS,
 INCLUDING BUT NOT LIMITED TO ENVIRONMENTAL COMPLIANCE
 WORKSHEETS AND CONTRACTOR PAYMENTS

 1 WHEREAS, the Village of Skokie (hereinafter the “Village”) has been awarded almost $2.3
 2 million in funding from the Illinois Department of Commerce and Economic Opportunity
 3 (hereinafter “DCEO”) to provide grants to repair homes with remaining storm damage caused by
 4 the September 2008 Hurricane “IKE” rain and flooding event; and

 5 WHEREAS, an Agreement was executed in June 2012, and approximately 31 homes are
 6 expected to be repaired with the Hurricane “IKE” grant funds by December 2013; and

 7 WHEREAS, currently, the Mayor is the only authorized signatory on behalf of the Village
 8 for this grant program. Since there will be a minimum of four (4) documents per participating
 9 household requiring Village signatures, it is a requirement of the grant program to adopt a
10 resolution to authorize additional signatories for grant-related paperwork; and

11 WHEREAS, the Corporation Counsel recommended to the Mayor and Board of Trustees
12 that the Village Manager and Assistant Village Manager be approved as additional signatories on
13 Hurricane “IKE” grant-related documents, including but not limited to environmental compliance
14 worksheets and contractor payments;

15 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village
16 of Skokie, Cook County, Illinois that the Village Manager and Assistant Village Manager are hereby
17 authorized as additional signatories on Hurricane “IKE” grant-related documents, including but not
18 limited to environmental compliance worksheets and contractor payments.

19 PASSED this day of April, 2013.
20
21 Ayes:
22 Nays: Village Clerk
23 Absent:
24 Approved by me this day of
25 Attest: April, 2013.
26
27
28
29 Village Clerk Mayor, Village of Skokie
30
31
32



 Page 1 of 1
 VOSDOCS-#425884-v1-Resolution__Authorizing_Grant_Signatories__Illinois_DCEO__Hurricane__IKE_
liquor sales at an existing CVS/pharmacy at 3434 Dempster Street be APPROVED,
subject to the attached Plan Commission Positive Findings of Fact and Plan Commission
Recommended Conditions listed below.


ATTACHMENTS
1. Plan Commission Recommended Conditions for 2012-58P, dated April 3, 2013
2. Plan Commission Positive Findings of Fact for 2012-58P, dated April 3, 2013
3. Plan Commission Meeting Minutes for 2012-58P, dated February 7, 2013
4. Staff Report and attachments for 2012-58P, dated February 7, 2013




VOSDOCS-#424242-v2-Master_Plan_Commission_Report_for_2012-58P_-_Special_Use_Permit_for_Liquor_Sales 2
 non-compliance with any of the provisions of the enabling ordinance. The costs
 shall include but not be limited to court reporter fees, attorney fees, and staff time
 required researching and conducting said hearing.




VOSDOCS-#424242-v2-Master_Plan_Commission_Report_for_2012-58P_-_Special_Use_Permit_for_Liquor_Sales 4
Plan Commission
Positive Findings of Fact 2012-58P: Special Use Permit
Plan Commission Council Chambers, 7:30 PM, April 3, 2013


1 Consideration The establishment, maintenance, or operation of the special use will
 not be detrimental to or endanger the public health, safety, morals,
 or general welfare; and the proposed building or use at the
 particular location is necessary or desirable to provide a service or a
 facility which is in the public interest and will contribute to the
 general welfare of the neighborhood or community.
 Findings The proposed sale of packaged, beer, wine, and liquor will not be
 detrimental to or endanger the public health, safety, morals, or
 general welfare. The sale of packaged alcoholic beverages is
 common at other big box discount retailers and grocery stores in
 the area, and is becoming common at pharmacies.


2 Consideration The proposed building or use will not substantially change the
 character of the neighborhood, will not have an undue adverse
 effect upon adjacent property or property values in the
 neighborhood, will not unduly aggravate traffic conditions, and will
 not unduly burden essential public services such as drainage
 facilities, public utilities, and those services pertaining to public
 health, safety, and welfare in general.
 Findings The proposed sale of packaged, beer, wine, and liquor will not have
 an adverse impact upon or change the character of the
 neighborhood, because the sales volume will be incidental to the
 existing pharmacy-based sales in the building.


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 proposed sale of packaged, beer, wine, and liquor will take
 place entirely within the building and will have no impact upon the
 development and use of neighboring property.




VOSDOCS-#424242-v2-Master_Plan_Commission_Report_for_2012-58P_-_Special_Use_Permit_for_Liquor_Sales 5
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 sale of packaged, beer, wine, and liquor is not
 contrary to the primary purpose of the B2 Commercial district.


5 Consideration The proposed use and its plan conform to the general intent of the
 Official Comprehensive Plan.
 Findings The site is designated as retail/service employment in the
 Comprehensive Plan, and the proposed sale of packaged, beer,
 wine, and liquor is not contrary to this use.




VOSDOCS-#424242-v2-Master_Plan_Commission_Report_for_2012-58P_-_Special_Use_Permit_for_Liquor_Sales 6
 Plan Commission Meeting Minutes
 Date: February 7, 2013

A motion to approve the minutes of the December 20, 2012 meeting was made by Plan
Commission Chairman Luke. All voted aye.

Case Description

2012-58P – Special Use Permit: 3434 Dempster Street
SJA Financial Group, LLC, and SCP 2004E-536, LLC, on behalf of Highland Park CVS,
LLC (d/b/a/ CVS Pharmacy #5978), requests a special use permit for sale of packaged
beer, wine, and liquor at a pharmacy in a B2 Commercial district.

Discussion and Interested Parties

Legal Notice was properly posted, advertised and delivered to all property owners in the
area of the subject site as prescribed by the Zoning Chapter.

The case was presented by Larry Cohen, attorney, Vic Gandre, district manager, and
Oksana Davydovska, store manager; all on behalf of the CVS store. The store is open 7
days a week from 7 AM to 10 PM. There are 2 full time pharmacists, 1 store manager
and 2 shift supervisors. Five part time employees work 15-25 hours per week. The
managers have gone through specialized basset training and the intention is for everyone
who will be selling liquor to be trained at a later date. Approximately 5-8% of all sales
at CVS stores are liquor sales.

Vic Gandre has been with CVS for 10 years as a pharmacist, pharmacy manager and now
as the northwest district manager. He mentioned that 25% of all CVS stores nation-wide
sell liquor. Selling beer, wine and spirits is a convenience to their customers as a
secondary purchase. CVS is not a liquor store. They will follow Village regulations and
use 60 linear feet in a 3-door beer cooler and both sides of 1 aisle for bulk beer & spirits
in the front half of the store. The manager’s office is elevated to oversee the snack &
liquor sections. Clerks and cashiers are at the front as well; the most visible area of the
store. To help prevent underage drinking, CVS has instituted an internal control; using a
type of bottle cap that will render a bottle unusable if the cap is tampered with.

One commissioner wanted confirmation that the liquor shelves will be placed by the
manager’s office. The Plan Commission chairman asked if any type of display featuring
liquor would be placed at the front of the store. The district manager stated that the liquor
shelves would be located just as pictured in the diagram that was included in their
submission.

Several commissioners voiced their concerns that there is on-going neglect at the store. It
was brought to the attention of all that there were 13 items of discrepancy from the
existing special use that need attention. They questioned why the store manager and
district manager were not aware of these matters to bring them into compliance before

423960 Plan Commission meeting minutes 2/7/2013 Case 2012-58P
now. Mr. Cohen stated that the store is not in compliance but will move forward to get
things taken care of.

Oksana Davydovska, the store manager for 4 years, stated that there is a national director
of maintenance for CVS and some of these issues are out of her jurisdiction. As far as
she knows there is a monthly landscaping service. There also are signage issues. She did
not know of a left turn sign that is missing. Regarding window sign compliance, once it
was brought to her attention the matter was addressed and fixed.

Another commissioner asked why liquor sales are necessary at this location now as
opposed to when the store first opened. The Community Development director advised
the group that this is a new class of liquor license and wasn’t in existence 4-5 years ago.
The commissioner also asked if, as part of a motion, restrictions can be placed as to
location within the store and window signs devoted to liquor sales. The Community
Development director stated that approval to sell the product is based on the site plan; not
the floor plan. The floor plan was given just as a courtesy and CVS is not held to it. The
Plan Commission cannot dictate where liquor is placed in the store or how it is
advertised; however, a recommendation can be made to the Liquor Commissioner. Mr.
Cohen interjected that 80% of the CVS stores in Illinois sell liquor.

One commissioner asked if the petitioner was in agreement to all the Recommended
Special Use Conditions; especially #4 which states that the petitioner is responsible for
any costs related to hearings for non-compliance.

Another commissioner wanted to include “neglect of property” to Findings of Fact #2.

The petitioner is agreeable to all conditions.


Recommendation and Voting

The Plan Commission agreed with staff recommendations and made a motion to approve
this case. The motion was approved by a vote of 6 ayes, 2 nays and 1 commissioner
absent.

Motion: Laxpati Second: O’Donnell Absent: Carandang

Ayes: 6
Nays: 2 (Mitchell, Marek)




423960 Plan Commission meeting minutes 2/7/2013 Case 2012-58P
STAFF REPORT 2012-58P: Special Use Permit
Community Development Department Council Chambers, 7:30 PM, February 7, 2013


To: Paul Luke, Chairman, Skokie Plan Commission
From: Carrie Haberstich, AICP, Planner/CDBG Administrator
Re: Special Use Permit: 3434 Dempster Street


General Information
Location 3434 Dempster Street
Purpose Special use permit for packaged beer, wine, and liquor sales
Petitioner SJA Financial Group, LLC, and SCP 2004E-536, LLC, on behalf of
 Highland Park CVS, LLC (d/b/a CVS Pharmacy #5978)
Size of Site 46,473 square feet (1.067 acres)
Existing Zoning & B2 Commercial (pharmacy or drug store)
Land Use
Adjacent Zoning & North R1 Single-Family (residence, detached)
Land Use
 South B2 Commercial (mixed commercial)
 South- B2 Commercial (beer, wine, and liquor store – package only)
 west
 East B2 Commercial (restaurant, limited service)
 West B2 Commercial (mixed commercial)
Comprehensive Plan The subject site is designated as retail/service employment.


SITE INFORMATION
  Public sidewalks are located along Dempster Street, Lincolnwood Drive, and
 Forestview Road.
  The site is served by the 250 Pace Bus, which has a stop located adjacent to the
 CVS/pharmacy building.


PETITIONERS’ SUBMITTAL
The petitioners are requesting a special use permit for packaged beer, wine, and liquor
sales at an existing CVS/pharmacy. Such sales will be a secondary function of this
establishment and take up limited floor space. Per §10-64(e), a maximum of 300 linear
feet of shelf space, including viewing coolers and all displays, may be designated at the
subject CVS for the retail sale of alcoholic liquor with a Class M license.

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STAFF ANALYSIS
Staff Comment and Review sheets were sent to all pertinent departments. Staff
comments on the subject case were received from the Engineering Division. All other
departments returned the sheets with no comments.

 Engineering Division
 The missing “No Left Turn” sign in the island of the driveway connecting to Dempster
 Street must be replaced to reinforce that this driveway is right-in/right-out only.

 Planning Division
 This property has an existing special use permit to establish and operate a pharmacy
 with a drive-through facility. Multiple items identified in a July 20, 2012, letter to
 CVS/pharmacy headquarters and the store manager need to be addressed. Such
 items are identified in the recommendations.
 During a January 25, 2013, on-site compliance check of the aforementioned items, 2
 delivery trucks were observed in the customer parking lot and not in the designated
 loading area on the east side of the building. Per §118-206(d), “vehicles shall not be
 allowed to be parked in or otherwise block common driveways, sidewalks, aisles, or
 other points of access at any time, shall only be parked in designated parking spaces,
 and shall not overlap the striped lines of designated parking spaces”. The store
 manager should ensure efficient use of the loading area to avoid noncompliance with
 this regulation.
 The attached floor plans locate the proposed packaged beer, wine, and liquor sales in
 and near the beverage cooler area in the northwest corner of the store.

Staff recommends approval of the special use permit for packaged beer, wine, and liquor
sales. The sale of packaged alcoholic beverages is becoming more common at drug
store chains in the area. This use will be packaged sale only. The hours of the sale of
all packaged beer, wine, and liquor shall be in accordance with all state and local laws.
The Class M License that would apply to this site restricts the sale to between 7:00 a.m.
and 11:00 p.m., with sales on Sunday beginning at 8:00 a.m. There are no site plan-
related issues that would make the site unsuitable for the sale of liquor at this location.

APPEARANCE COMMISSION
Appearance Commission review is not required.

STAFF RECOMMENDATIONS
Staff recommends that the petitioner’s request for a special use permit for packaged,
beer, wine, and liquor sales at 3434 Dempster Street be APPROVED, based upon the
Proposed Positive Findings of Fact and subject to the recommended and standard
special use permit conditions.


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RECOMMENDED SPECIAL USE CONDITIONS
1. Prior to the issuance of a liquor license, the following items shall be addressed by the
 petitioner:


 a. Install a replacement “No Left Turn” sign in the island of the Dempster Street
 driveway.
 b. Inform delivery drivers to utilize the loading area on the east side of the
 building and not the customer parking lot.
 c. Sealcoat and restripe the parking lot.
 d. Remove litter from the property.
 e. Scrape and repaint the trash enclosure gate posts.
 f. Repair holes in the concrete masonry units within the trash enclosure.
 g. Replace missing/dead plants throughout the property to be in substantial
 compliance with the approved landscape plan dated October 30, 2003.
 h. Place address labels at all points of entry to the building.
 i. Remove signs that exceed 25% of each window pane.
 j. Remove graffiti from the sign to the left of the drive-through pharmacy
 window.
 k. Remove weeds and scrub trees growing along the alley side of the fence along
 the north side of the property.
 l. Repair the damaged downspout on the north wall of the building near the
 west façade).
 m. Reprogram the sign at the southwest corner of the property to display only 1
 message per day.


2. The petitioners shall comply with all Federal and State statutes, laws, rules and
 regulations, and all Village codes, ordinances, rules, and regulations.
3. 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.
4. The petitioners 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.




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ATTACHMENTS
1. Proposed Positive Findings of Fact for 2012-58P
2. Plat of Survey, dated field completed January 17, 2013
3. Floor Plans, dated January 2, 2013
4. Land Use and Zoning Map by the Planning Division, titled “2012-58P”




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Proposed Positive Findings of Fact 2012-58P: Special Use Permit
Community Development Department Council Chambers, 7:30 PM, February 7, 2013


1 Consideration The establishment, maintenance, or operation of the special use will
 not be detrimental to or endanger the public health, safety, morals,
 or general welfare; and the proposed building or use at the
 particular location is necessary or desirable to provide a service or a
 facility which is in the public interest and will contribute to the
 general welfare of the neighborhood or community.
 Findings The proposed sale of packaged, beer, wine, and liquor will not be
 detrimental to or endanger the public health, safety, morals, or
 general welfare. The sale of packaged alcoholic beverages is
 common at other big box discount retailers and grocery stores in
 the area, and is becoming common at pharmacies.


2 Consideration The proposed building or use will not substantially change the
 character of the neighborhood, will not have an undue adverse
 effect upon adjacent property or property values in the
 neighborhood, will not unduly aggravate traffic conditions, and will
 not unduly burden essential public services such as drainage
 facilities, public utilities, and those services pertaining to public
 health, safety, and welfare in general.
 Findings The proposed sale of packaged, beer, wine, and liquor will not have
 an adverse impact upon or change the character of the
 neighborhood, because the sales volume will be incidental to the
 existing pharmacy-based sales in the building.


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 proposed sale of packaged, beer, wine, and liquor will take
 place entirely within the building and will have no impact upon the
 development and use of neighboring property.




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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 sale of packaged, beer, wine, and liquor is not
 contrary to the primary purpose of the B2 Commercial district.


5 Consideration The proposed use and its plan conform to the general intent of the
 Official Comprehensive Plan.
 Findings The site is designated as retail/service employment in the
 Comprehensive Plan, and the proposed sale of packaged, beer,
 wine, and liquor is not contrary to this use.




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PLAN COMMISSION REPORT 2013-2P: Special Use Permit
Plan Commission Council Chambers, 8:00 PM, April 3, 2013


To: Mayor and Board of Trustees
From: Paul Luke, Chairman
Case: 2013-2P: 9426 Skokie Boulevard
 Special Use Permit for packaged beer, wine, and liquor sales

PLAN COMMISSION ANALYSIS
At its February 21, 2013 meeting, the Plan Commission heard the request of Chicago
Land Title Trust Company and Inland Real Estate, LLC as beneficiary, on behalf of
Produce World, Inc., for a special use permit for packaged beer, wine, and liquor sales
at an existing Produce World store, located at 9426 Skokie Boulevard, in a B2
Commercial district.

Alcoholic beverage sales will be confined to a display area up to 300 linear feet in size
that would be located near the store’s checkout area and include a 4-foot wide, 5-shelf
cooler. Produce World presently sells unrefrigerated beer, wine, and liquor at its 2
other locations in Norridge and Morton Grove, but would like to offer cold beverages at
the subject site as a matter of convenience for patrons of adjacent restaurants where
alcohol purchased outside can be brought in.

The Plan Commission concurred with Staff’s recommendation to grant the special use
permit. One commissioner wished to clarify to the other commissioners that the
ordinance for the Class M liquor license defines the maximum area used as 300 linear
feet and that there are no exceptions or variations from the ordinance and the Plan
Commission cannot determine where the liquor can be sold within the store.

Another commissioner requested that there be a study conducted by Staff of the
geographical distribution of Class M liquor licenses. He noted that there has been a
recent increase in the number of businesses requesting a special use permit for liquor
sales and wondered if there were clusters forming within the Village of similar uses
making these requests. Staff replied that the location of liquor licenses within the
Village does not fall within the purview of the Plan Commission.


INTERESTED PARTIES
Legal notice was properly posted, advertised, and delivered to all property owners in
the area of the subject site and all occupants within the subject site as prescribed by
the Zoning Chapter. No interested parties spoke regarding this case.



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PLAN COMMISSION RECOMMENDATIONS AND VOTING
The Plan Commission recommends by a vote of 7 ayes and 0 nays, with 2 members
absent, that the petitioner’s request for a special use permit for packaged beer, wine,
and liquor sales at 9426 Skokie Boulevard in a B2 Commercial district be APPROVED,
subject to the recommended special use permit conditions.

ATTENDANCE AYES NAYS ABSENT
 Marek X
 O’Donnell X
 Stasica (Moved) X
 Paradise X
 Carandang X
 Laxpati X
 Berman X
 Mitchell (Second) X
 Luke X


ATTACHMENTS
1. Proposed Positive Findings of Fact for 2013-2P
2. Staff Report, dated February 21, 2013
3. Plan Commission Meeting Minutes for February 21, 2013
4. Land Use and Zoning Map




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PLAN COMMISSION
RECOMMENDED CONDITIONS 2013-2P: Special Use Permit
Plan Commission Council Chambers, 8:00 PM, April 3, 2013


RECOMMENDED SPECIAL USE CONDITIONS
1. Prior to the issuance of a liquor license, all Produce World signage that is located
 within the public sidewalk must be relocated onto the subject site.
2. Any change in the business ownership or operator of the liquor sales from Produce
 World shall cause the subject Special Use Permit to cease.
3. The petitioners shall comply with all Federal and State statutes, laws, rules and
 regulations and all Village codes, ordinances, rules, and regulations.
4. 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.
5. The petitioners 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.




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PLAN COMMISSION
POSITIVE FINDINGS OF FACT 2013-2P: Special Use Permit
Community Development Department Council Chambers, 7:30 PM, April 3, 2013


1 Consideration The establishment, maintenance, or operation of the special use will
 not be detrimental to or endanger the public health, safety, morals,
 or general welfare; and the proposed building or use at the
 particular location is necessary or desirable to provide a service or a
 facility which is in the public interest and will contribute to the
 general welfare of the neighborhood or community.
 Findings The proposed sale of packaged, beer, wine, and liquor will not be
 detrimental to or endanger the public health, safety, morals, or
 general welfare. The sale of packaged alcoholic beverages is
 common at other big box discount retailers and grocery stores in
 the area.
2 Consideration The proposed building or use will not substantially change the
 character of the neighborhood, will not have an undue adverse
 effect upon adjacent property or property values in the
 neighborhood, will not unduly aggravate traffic conditions, and will
 not unduly burden essential public services such as drainage
 facilities, public utilities, and those services pertaining to public
 health, safety, and welfare in general.
 Findings The proposed sale of packaged, beer, wine, and liquor will not have
 an adverse impact upon or change the character of the
 neighborhood. A former occupant within the subject site sold
 packaged alcoholic beverages on a larger scale than that which the
 petitioner intends and had no impact upon the rest of the subject
 site or the surrounding neighborhood.
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 proposed sale of packaged, beer, wine, and liquor will take
 place entirely within the confines of the building and will have no
 impact upon the development and use of neighboring property.




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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 sale of packaged beer, wine, and liquor is not
 contrary to the primary purpose of the B2 Commercial district.
5 Consideration The proposed use and its plan conform to the general intent of the
 Official Comprehensive Plan.
 Findings The site is designated as retail/service employment in the
 Comprehensive Plan and the proposed use conforms to the general
 intent of the plan.




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STAFF REPORT 2013-2P: Special Use Permit
Community Development Department Council Chambers, 7:30 PM, February 21, 2013


To: Paul Luke, Chairman, Skokie Plan Commission
From: Mike Voitik, Planning Technician
Re: Special Use Permit
 Packaged beer, wine, and liquor sales
 Produce World
 9426 Skokie Boulevard

General Information
Location 9426 Skokie Boulevard
Purpose Special use permit for packaged beer, wine, and liquor sales
Petitioner Chicago Land Title Trust Company, an Illinois corporation, as
 successor Trustee under the provisions of a trust agreement
 dated December 8, 1997 and known as trust number 123648-08,
 and Inland Real Estate, LLC as beneficiary, on behalf of Produce
 World, Inc.
Size of Site 250,880 ft2 (5.759 acres)
Existing Zoning & B2 Commercial – bank with drive-through, department store,
Land Use vacant storefronts, clothing stores, beauty salon, beauty supply
 store, full-service restaurants, electronics store, produce store,
 tutoring center, home furnishings store
Adjacent Zoning & North B1 Service Commercial – full-service restaurant
Land Use B2 Commercial – multifamily residences
 South B3 Business – multifamily residences, limited-service
 restaurants, electronics store
 East B2 Commercial – clothing store, vitamin store
 B3 Business – clothing store, department store
 West R2 Single-Family – golf course
Comprehensive Plan The site is designated as retail/service employment.

SITE INFORMATION
 Public sidewalks are located along Skokie Boulevard and Foster Street
 Overhead utilities run along the north, south, and west sides of the subject site

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 Two 2-way driveways provide access from southbound Skokie Boulevard into the
 shopping center parking lot.
 Three 2-way driveways provide access from Foster Street into the shopping center
 parking lot.
 The site is served by the CTA 97 and 54A buses and the Pace 208 bus which all stop
 on Skokie Boulevard adjacent to the shopping center.


PETITIONERS’ SUBMITTAL
The petitioners are requesting a special use permit for packaged beer, wine, and liquor
sales at an existing Produce World store. Alcoholic beverage sales will be confined to a
124 linear foot display located near the store’s checkout area. Produce World presently
sells beer, wine, and liquor at its 2 other locations in Norridge and Morton Grove.


STAFF ANALYSIS
Staff Comment and Review sheets were sent to all pertinent departments. All
departments returned the sheets with no comments regarding the subject case.
Staff recommends approval of the special use permit for packaged beer, wine, and
liquor sales. The sale of packaged alcoholic beverages is common at other big box
discount retailers and grocery stores in the area. It should be noted that a special use
permit was issued in 1997 for the sale of packaged liquor goods at Cost Plus World
Market, which was located at the west side of the shopping center (case 96-20P). The
store closed in 2008 and the special use permit was repealed the following year.

The hours of the sale of packaged beer, wine, and liquor at Produce World shall be in
accordance with all state and local laws. The Class M License that would apply to this
site restricts the sale to between 7 AM and 11 PM, with sales on Sunday beginning at 8
AM. Produce World’s operating hours are 8 AM to 9PM, 7 days a week. Any change in
the business ownership or operator of the liquor sales from Produce World shall cause
the subject Special Use Permit to cease.

Prior to the issuance of a liquor license, any Produce World signage that is located
within the public sidewalk must be relocated onto the subject site. The existing location
of the store’s signage obstructs pedestrian movement along the sidewalk.



APPEARANCE COMMISSION
Appearance Commission review is not required.



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STAFF RECOMMENDATIONS
Staff recommends that the petitioners’ request for a special use permit for packaged,
beer, wine, and liquor sales at 9426 Skokie Boulevard be APPROVED, based upon the
Proposed Positive Findings of Fact and subject to the recommended and standard
special use permit conditions.

RECOMMENDED SPECIAL USE CONDITIONS
1. Prior to the issuance of a liquor license, all Produce World signage that is located
 within the public sidewalk must be relocated onto the subject site.
2. Any change in the business ownership or operator of the liquor sales from Produce
 World shall cause the subject Special Use Permit to cease.
3. The petitioners shall comply with all Federal and State statutes, laws, rules and
 regulations and all Village codes, ordinances, rules, and regulations.
4. 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.
5. The petitioners 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.

ATTACHMENTS
1. Proposed Positive Findings of Fact for 2013-2P
2. Land Use and Zoning Map




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Proposed Positive Findings of Fact 2013-2P: Special Use Permit
Community Development Department Council Chambers, 7:30 PM, February 21, 2013


1 Consideration The establishment, maintenance, or operation of the special use will
 not be detrimental to or endanger the public health, safety, morals,
 or general welfare; and the proposed building or use at the
 particular location is necessary or desirable to provide a service or a
 facility which is in the public interest and will contribute to the
 general welfare of the neighborhood or community.
 Findings The proposed sale of packaged, beer, wine, and liquor will not be
 detrimental to or endanger the public health, safety, morals, or
 general welfare. The sale of packaged alcoholic beverages is
 common at other big box discount retailers and grocery stores in
 the area.
2 Consideration The proposed building or use will not substantially change the
 character of the neighborhood, will not have an undue adverse
 effect upon adjacent property or property values in the
 neighborhood, will not unduly aggravate traffic conditions, and will
 not unduly burden essential public services such as drainage
 facilities, public utilities, and those services pertaining to public
 health, safety, and welfare in general.
 Findings The proposed sale of packaged, beer, wine, and liquor will not have
 an adverse impact upon or change the character of the
 neighborhood. A former occupant within the subject site sold
 packaged alcoholic beverages on a larger scale than that which the
 petitioner intends and had no impact upon the rest of the subject
 site or the surrounding neighborhood.
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 proposed sale of packaged, beer, wine, and liquor will take
 place entirely within the confines of the building and will have no
 impact upon the development and use of neighboring property.
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 sale of packaged beer, wine, and liquor is not
 contrary to the primary purpose of the B2 Commercial district.
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5 Consideration The proposed use and its plan conform to the general intent of the
 Official Comprehensive Plan.
 Findings The site is designated as retail/service employment in the
 Comprehensive Plan and the proposed use conforms to the general
 intent of the plan.




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 Plan Commission Meeting Minutes
 Date: February 21, 2013

A motion to approve the minutes of the February 7, 2013 meeting was made by the Plan
Commission chairman. All voted aye.

Case Description

2013-2P – Special Use Permit: 9426 Skokie Boulevard
Chicago Land Title Trust Company, an Illinois corporation, as successor Trustee under
the provisions of a trust agreement dated December 8, 1997 and known as trust number
123648-08, and Inland Real Estate-Illinois, LLC, as beneficiary, on behalf of Produce
World, Inc., request a special use permit for the sale of packaged beer, wine, and liquor at
a fruit and vegetable store in a B2 Commercial district.

Discussion and Interested Parties

Legal Notice was properly posted, advertised, and delivered to all property owners in the
area of the subject site as prescribed by the Zoning Chapter.

The case was presented by Bill Bazianos who introduced Catherine Loy from Inland
Commercial Property Management. Steve Pavlopoulos, president, Hector Rodriguez,
vice-president, and Zachary Bazianos, secretary are all from Produce World, Skokie.

They hope to sell packaged beer, wine and liquor in an area up to 300 linear feet per
Village regulations including a 4-foot wide, 5-shelf cooler located at the front of the store
close to the cash registers. They do not sell cold beverages at the other two locations
because they do not want to encourage that type of clientele but, as a convenience, the
Skokie store has adjacent neighboring restaurants that are BYOB.

One Plan commissioner reiterated that the ordinance for the Class M liquor license
defines the maximum area used as 300 linear feet. There are no exceptions or variations
from the ordinance and the Plan Commission cannot decide the location within the store;
the only issue is if they can have it.

The Community Development director summarized the request stating that staff was
supportive of the use. The site plan was reviewed and there was nothing adverse from
that standpoint. The only concern was the signage on the parkway at Skokie Boulevard.
It blocks the sidewalk and sometimes hangs off the curb and into the roadway.

Another commissioner, not opposed to this request, asked staff to take a look at the
geographical spread of Class M liquor licenses being applied for recently. If, similar to a
previously approved case, there may be several requests from uses clustered together.

The Plan Commission chairman stated that the location of liquor licenses is not within the
purview of the Plan Commission. The Community Development director offered that an
upcoming meeting is scheduled for March 2013 intended for all liquor license holders
424523 Plan Commission meeting minutes 2/21/13 Case 2013-2P
and the liquor commissioner. A list of liquor licenses can be provided after the meeting.
Currently, liquor sales are permitted in the B3 and Mixed-use districts, allowed by special
use permit in the B2 district and not allowed in the B1district at all.

The petitioner stated that the sign has been removed from the parkway and they are in
agreement to all conditions.


Recommendation and Voting

The chairman reminded all that the Plan Commission is a recommending body and that
the case will be presented to the Village Board of Trustees at a future meeting for final
approval. The Plan Commission concurred with staff recommendations and made a
motion to approve the case. The vote was 7 ayes, 0 nays and 2 commissioners absent.

Motion: Stasica Second: Mitchell Absent: Carandang &
 Paradise

Ayes: 7
Nays: 0




424523 Plan Commission meeting minutes 2/21/13 Case 2013-2P

12703
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 Wednesday, April 3, 2013

Pledge of Allegiance led by Cub Scout Pack #85 from Middleton School.

The Mayor called the meeting to order.
The Clerk called the Roll. Those present were Trustee Perille, Roberts, Sutker, Bromberg, Shah,
Gray-Keeler and Mayor Van Dusen.
Motion to approve the Consent Agenda..
Moved: Trustee Shah Seconded: Trustee Sutker
Ayes: Perille, Roberts, Sutker ,Bromberg, Shah, Gray-Keeler and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED

* Approve, as submitted, minutes of regular meeting held Monday, March 18, 2013.
Omnibus vote.

* Approve Voucher List #22-FY13 of April 3, 2013.
Omnibus vote.

*Proclamations and Resolutions.
A. Proclamations:
Bataan Day: April 9, 2013
Omnibus vote.

Recognition, Awards and Honorary Presentations.
A. Presentations:
Beautification and Improvement Commission Awards
Mitchell Sandler presented awards to the following residents who received certificates of
appreciation for maintaining their property in an exceptional manner during 2012-3809
Kirk, 5201 Conrad, 8750 Springfield, 8123 Laramie, 5350 Washington, 8301 Harding,
7530 Kilbourn, 5141 Howard, 8301 Lockwood, 3352 Wilder, 9122 Kedvale, 5330 Old
Orchard, 3639 Crain, 6911 Lockwood, 5310 Cleveland, 8900 Karlov, 3943 Fargo, 9445
Latrobe, 4903 Fargo, 8650 Lockwood, 3303 Emerson, 9040 Kildare, 5021 Fairview, 8701
Lockwood, 8517 Gross Point, 9348 Drake, 7734 Kildare, 8939 Knox, 6835 Lorel, 8526
Monticello, 3727 Dempster, 7609 Long,, 4927 Howard. Robert & Jaclyn Tropp. 8547 St.
Louis received the 5 Year Award.

Student Tobacco Poster Contest Winners
Dr. Counard introduced the final winners of the Don’t Smoke Don’t Start Tobacco Free
Student Poster Contest. She thanked Public Health Nurse Susan Reisberg and PEER
Services of Evanston for carrying out this project.
1st Place Angela Martin-Oliver McCracken Middle School
2nd Place Joey Manata, Old Orchard Jr. High School
3rd Place Annabelle Jiang, Oliver McCracken Middle School

Third Annual Public Health Partners in Excellence Awards
Dr. Counard “Public Health Partners in Excellence” award winners to:
 1. The Skokie Public Library for providing many outstanding public health
 educational activities and for serving as a key partner during the Department’s
 recent successful state recertification process.
 2. The North Shore Mosquito Abatement for their hard work in Skokie and throughout
 the North Shore region to control mosquito populations.




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* Appointments, Reappointments and Resignations.
 A. Appointment:
 Commission on Family Services (Three-Year Term): Paula Gremley
 B. Reappointments:
 Beautification and Improvement Commission (Two-Year Term): Cecile Pfaff, Edward
 M. Potash and Mitchell H. Sandler
 Board of Health (Two-Year Term): Milton Nidetz and Dr. Daniel Vicencio
 Fine Arts Commission (Two-Year Term): Pamela Garbarini, Janice Goldstein and
 Andrea Siegel (One-Year Term as Chair)
 Human Relations Commission (Three-Year Term): Marcia Arenson
 Telecommunications Advisory Commission (Two-Year Term): Randall R. Cling

Omnibus vote.

Report of the Village Manager.
A. Award of Recycling Collection Contract to Groot Industries.
Public Works Director Slankard answered questions from the Board.
Resolution 13-4-R-1210
Motion to award a contract to Groot Industries for a three-year contract net cost of $831,858, a
savings from the present contract of $985,000 and allows for two additional one-year renewals
Moved: Trustee Bromberg Seconded: Trustee Shah
Ayes: Perille, Roberts, Sutker ,Bromberg, Shah, Gray-Keeler and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED

Report of the Corporation Counsel.
CONSENT:
*A. Ordinance 13-4-Z-3970
Motion to adopt an ordinance vacating easements at the property located at 3536-3654 Touhy
Avenue, Skokie, Illinois in a B2 Commercial district. This item is on the consent agenda
Omnibus vote.

*B. Ordinance 13-4-Z-3971
Motion to adopt an ordinance granting a special use permit to allow religious assembly at 5200
Church Street,Skokie, Illinois in a B2 Commercial district, relief from Chapter 118, Section
118-218(2) of the Skokie Village Code, and the repeal of Village Ordinance Number 98-7-Z-
2762 (2013-1P). This item is on the consent agenda for second reading and adoption.
Omnibus vote.

FIRST READING:
C. Resolution 13-4-R-1211
Motion to adopt a resolution authorizing the Village Manager and Assistant Village Manager
to be authorized as additional signatories on Hurricane “IKE” grant-related documents,
including but not limited to environmental compliance worksheets and contractor payments.
This item is on the agenda for first reading and adoption.
Moved: Trustee Robert Seconded: Trustee Sutker
Ayes: Perille, Roberts, Sutker ,Bromberg, Shah, Gray-Keeler and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED




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Wednesday, April 3, 2013 Page Three

Plan Commission.
Chairman Paul Luke presented the Plan Commission Cases.
A. Plan Commission Case 2012-58P – Special Use Permit: 3434 Dempster Street
Motion to concur with the Plan Commission that the petitioner’s request for a Special use permit
to allow packaged beer, wine and liquor sales at an existing CVS/pharmacy at 3434 Dempster be
approved subject to all conditions.
The Attorney for CVS, District Manager, and Store Manager spoke on behalf of CVS.
Moved: Trustee Sutker Seconded: Trustee Bromberg
Ayes: Perille, Roberts, Sutker ,Bromberg, Shah, Gray-Keeler and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED

B. Plan Commission Case 2013-2P – Special Use Permit: 9426 Skokie Boulevard
Motion to concur with the Plan Commission that the petitioner’s request for a special use
permit for packaged beer, wine, and liquor sales at 9426 Skokie Boulevard be approved
subject to all conditions.
Moved: Trustee Shah Seconded: Trustee Bromberg
Ayes: Perille, Roberts, Sutker ,Bromberg, Shah, Gray-Keeler and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED


Citizen Comments. None

Adjournment
Motion to adjourn at 8:52 p.m.
Moved: Trustee Perille Seconded: Trustee Bromberg
Ayes: Perille, Roberts, Sutker, Bromberg , Shah, Gray-Keeler and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED




 __________________________

 Marlene Williams, Village Clerk




.
Approved:

______________________
George Van Dusen, Mayor




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