Board of Trustees

TUESDAY, SEPTEMBER 4, 2012 – 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 August 20, 2012. * 5. Approve Voucher List #8-FY13 of September 4, 2012. * 6. Proclamations and Resolutions. A. Proclamations: Skokie Car-Free Day – September 21, 2012 No Text On Board – Pledge Day – September 19, 2012 World Peace and Unity Month – September 11 – October 11, 2012 7. Recognition, Presentations and Awards. * 8. Appointments, Reappointments and Resignations. A. Reappointment: Beautification and Improvement Commission (Two-Year Term): Chuck Levine B. Resignations: Beautification and Improvement Commission: Igor Gerenrot and Charlene Abraham Human Relations Commission: Cesar Borja 9. Report of the Village Manager. * A. Bid Report – 2012 CDBG Street Resurfacing – Arrow Road Construction Co., Mt. Prospect, IL $822,514.36. 10. Report of the Corporation Counsel. CONSENT: * A. An ordinance approving modifications to the previously approved special use permit for the expansion of the existing religious assembly use at 3800-3838 Dempster Street, Skokie, Illinois in a B2 Commercial District (2008-24P). This item is on the consent agenda for second reading and adoption. * B. An ordinance granting a special use permit to allow outdoor dining at a limited service restaurant with a drive-through facility at 3700 Touhy Avenue, Skokie, Illinois, in a B2 Commercial district (2012-25P). This item is on the consent agenda for second reading and adoption. * C. An ordinance granting a special use permit to establish and operate a child day care at 8950 Gross Point Road, #400, Skokie, Illinois, in a B2 Commercial district (2012- 28P). This item is on the consent agenda for second reading and adoption. * D. An ordinance amending Chapter 118, Sections 118-31 and 118-80, of the Skokie Village Code pertaining to fences (2012-29P). This item is on the consent agenda for second reading and adoption. * E. An ordinance amending Chapter 46, Article VII, Section 46-228, of the Skokie Village Code pertaining to the Skokie Swift parking lots. This item is on the consent agenda for second reading and adoption. SECOND READING F. An ordinance amending Chapter 22 by adding Article XIV, pertaining to the licensing for the rental of multi-unit residential buildings, and Section 42-43 pertaining to crime #411121  free lease provisions, of the Skokie Village Code. This item is on the agenda for second reading and adoption. 11. Unfinished Business. 12. New Business. 13. Plan Commission. 14. Citizen Comments. 15. Adjournment. #411121  WHEREAS, lengthening car commutes and increasing congestion are putting greater stress and burden on the Village of Skokie residents and commuters; and WHEREAS, the Village of Skokie is a transit-friendly village that also offers great biking and walking infrastructure, as well as an accessible multi-modal public transportation regional network; and WHEREAS, multi-modal systems enhance mobility, build community and reduce smog and carbon pollution; and WHEREAS, a special month to rediscover the Village without a car and reconnect with fellow community members can educate people about their transportation options, environmental impacts, and other quality of life issues that are within an individual’s control; and WHEREAS, World Car-Free Day is celebrated during the month of September in 1,500 cities in 40 countries around the globe. NOW, THEREFORE, I, GEORGE VAN DUSEN, Mayor the Village Skokie, do hereby proclaim Friday, September 21, 2012, as “SKOKIE CAR-FREE DAY” throughout the Village of Skokie and do hereby recognize September 22-28, 2012, as “CHICAGOLAND CAR-FREE WEEK”. Passed this 4th day of September 2012 __________________________________________ George Van Dusen Mayor ________________________________ Marlene Williams, Village Clerk VOSDOCS-#361465-v1-Proc__World_Car_Free_Day  WHEREAS, October 2, 2012 marks the eighth anniversary of the installation of the statue of Mahatma Gandhi at the Heritage Park in Skokie; and WHEREAS, September 11, 2012 (Patriot Day) marks the eleventh anniversary of the attack by terrorists on innocent people in New York, Pennsylvania and at the Pentagon; and WHEREAS, the Village of Skokie joins with the Gandhi Memorial Trust Fund by spreading the message of peace and tolerance towards all. NOW, THEREFORE, I, GEORGE VANDUSEN, Mayor of the Village of Skokie, do hereby proclaim the period September 11, 2012 (Patriot Day) to October 11, 2012, to be “WORLD PEACE AND UNITY MONTH” and encourage all of the people of Skokie to appreciate the contributions of leaders like Mahatma Gandhi and Reverend Martin Luther King, and the importance of peace and harmony among all of the diverse communities living in our metropolis and in the Village of Skokie. Date this 4th day of September 2012 __________________________________________ George Van Dusen Mayor _________________________________ Marlene Williams Village Clerk VOSDOCS-#361260-v1-Proc__World_Peace_and_Unity_Month  JPH: *9/4/12 A PC: 2008-24P SUP: 253.04 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 12-9-Z- AN ORDINANCE APPROVING MODIFICATIONS TO THE PREVIOUSLY APPROVED SPECIAL USE PERMIT FOR THE EXPANSION OF THE EXISTING RELIGIOUS ASSEMBLY USE AT 3800-3838 DEMPSTER STREET, SKOKIE, ILLINOIS IN A B2 COMMERCIAL DISTRICT 1 WHEREAS, the owner, Congregation Or Torah (“Congregation”), of the following described 2 real property: 3 LOTS 26 THROUGH 42 BOTH INCLUSIVE, AND THE SOUTH HALF OF THE VACATED 4 16 FEET ALLEY LYING NORTH OF AND ADJOINING SAID LOTS IN HARRY A. ROTH 5 AND COMPANY’S TURNER WOODS, A SUBDIVISION OF LOT 8 IN JOHN TURNER’S 6 HEIRS SUBDIVISION OF THE SOUTH ¼ OF THE WEST ½ OF THE SOUTHWEST ¼ OF 7 SECTION 14, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL 8 MERIDIAN IN COOK COUNTY, ILLINOIS. 9 PINS: 10-14-310-055, 10-14-310-056, 10-14-310-062, 10-14-310-063 10 more commonly described as 3800, 3830 and 3834-3838 Dempster Street, Skokie, Illinois (the 11 “Subject Property”), and 12 ALSO LOTS 10, 11, AND 12 IN “ADDITION TO TIMBER RIDGE”, BEING A SUBDIVISION 13 OF THE WEST 200 FEET OF THE SOUTH ½ OF THE EAST ½ OF THE SOUTHWEST ¼ 14 OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL 15 MERIDIAN IN COOK COUNTY, ILLINOIS. 16 PIN: 10-14-311-050 17 more commonly described as 3750-3760 Dempster Street, Skokie, Illinois, petitioned the Village 18 of Skokie for a special use permit to allow for the expansion of the existing religious assembly 19 use site, granted by an existing special use permit, in a B2 Commercial district; and 20 WHEREAS, Congregation Or Torah has expanded over the years, as commercial space 21 became available, to the building that was formerly a strip mall shopping center. This is the last 22 remaining commercial space; and 23 WHEREAS, on November 3, 2008, the Village Board adopted Village Ordinance 24 Number 08-11-Z-3648 granting the current special use permit which allowed for (i) the 25 expansion of the current religious assembly use site to include 3800, 3830 and 3834-3838 26 Dempster Street, and (ii) relief from Section 118-218(2) of the Skokie Village Code to allow an 27 off-street parking deficit of 84 spaces; and 28 WHEREAS, the area of the proposed expansion is the adjacent area at 3820 Dempster 29 Street, previously occupied by Poochie’s restaurant. The expansion will add 1,135 square feet 30 to the synagogue and will be utilized as a classroom and for other meeting purposes; and 31 WHEREAS, the parking requirement for the synagogue is based on the main sanctuary 32 seating, thus, the use of the new space as a classroom or for other religious purposes will not 33 require an increase in required parking; and Page 1 of 2 VOSDOCS-#411038-v1-Ordinance__2008- 24P__SUP_Amendment__Modified_Review__Congregation_Or_Torah__Religious_Assembly__3800-3838_Dempster  1 WHEREAS, the Plan Commission Chairman, Corporation Counsel and Community 2 Development Director for the Village of Skokie reviewed the request and found that: (i) the 3 expansion of the synagogue would be in substantial compliance with the special use granted 4 pursuant to Village Ordinance Number 08-11-Z-3648, (ii) the request does not change the intent of 5 the special use permit affecting the Subject Property, and (iii) the special use permit for the Subject 6 Property could be amended utilizing the modified review procedure pursuant to Section 118-34 of 7 the Skokie Village Code; and 8 WHEREAS, it was recommended to the Mayor and Board of Trustees that the requested 9 modification be granted; and 10 WHEREAS, at a public meeting duly held on August 6, 2012, the Mayor and Board of 11 Trustees concurred in the aforesaid recommendations and findings of fact of the Plan Commission 12 Chairman, the Corporation Counsel, and the Community Development Director; 13 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village 14 of Skokie, Cook County, Illinois: 15 Section 1: That the owner of the Subject Property is hereby granted permission to 16 modify the previously approved site plan and floor plan for the existing establishment at 3800-3838 17 Dempster Street, Skokie, Illinois in a B2 Commercial district. 18 Section 2: That Condition #6 of Village Ordinance Number 08-11-Z-3648 is hereby 19 amended as follows with the new material highlighted in bold: 20 6. The petitioner shall develop the Subject Property in substantial conformance with 21 the final Village approved Existing Site Plan & Partial Ground Plan (with proposed 22 interior alterations) dated August 22, 2008 and Existing Site Plan & Partial 23 Ground Plan dated July 13, 2012; 24 Section 3: That a notice of the enactment of this Ordinance incorporating the 25 conditions contained herein shall be approved by the owner of the property in writing and duly 26 recorded with the Cook County Recorder of Deeds Office at the owner’s expense. 27 Section 4: That this Ordinance shall be in full force and effect from and after its 28 passage, approval, and recordation as provided by law. ADOPTED this day of September, 2012. Ayes: Village Clerk Nays: Absent: Approved by me this day of Attested and filed in my September, 2012. office this day of September, 2012. Mayor, Village of Skokie Village Clerk 29 Page 2 of 2 VOSDOCS-#411038-v1-Ordinance__2008- 24P__SUP_Amendment__Modified_Review__Congregation_Or_Torah__Religious_Assembly__3800-3838_Dempster  JPH: *9/4/12 B PC: 2012-25P SUP: 112.06 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 12-9-Z- AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW OUTDOOR DINING AT A LIMITED SERVICE RESTAURANT WITH A DRIVE-THROUGH FACILITY AT 3700 TOUHY AVENUE, SKOKIE, ILLINOIS, IN A B2 COMMERCIAL DISTRICT 1 WHEREAS, the owner of the following described real property: 2 THE EAST 1/2 OF THAT PART OF THE WEST 10 1/2 ACRES OF THE SOUTH 1/4 OF THE EAST 1/2 3 OF THE SOUTHWEST 1/4 OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE 3RD 4 PRINCIPAL MERIDIAN, WHICH LIES EAST OF A LINE WHICH IS 330.0 FEET EAST OF AND 5 PARALLEL TO THE CENTER LINE OF HAMLIN AVENUE, SAID CENTER LINE OF HAMLIN AVENUE 6 BEING IDENTICAL WITH THE WEST LINE OF THE SAID SOUTH 1/4, (EXCEPTING FROM THE 7 AFOREDESCRIBED TRACT OF LAND ALL THAT PART THEREOF LYING NORTH OF A LINE DRAWN 8 AT RIGHT ANGLES TO THE LAST LINE OF SAID WEST 10 1/2 ACRES FROM A POINT ON SAID 9 EAST LINE 383.49 FEET SOUTH OF THE INTERSECTION OF SAID EAST LINE WITH THE NORTH 10 LINE OF THE SOUTH 1/4 OF THE LAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 26, AFORESAID, 11 ALSO EXCEPTING THEREFROM THE WEST 47.0 FEET, AS MEASURED AT RIGHT ANGLES TO 12 THE WEST LINE THEREOF AND ALSO EXCEPTING THE SOUTH 33.0 FEET, AS MEASURED AT 13 RIGHT ANGLES TO THE SOUTH LINE THEREOF), ALL IN COOK COUNTY, ILLINOIS. 14 15 PIN: 10-26-318-031-0000 16 more commonly described as 3700 Touhy Avenue, Skokie, Illinois (the “Subject Property”), 17 petitioned the Village of Skokie for a special use permit to allow outdoor dining at 3700 18 Touhy Avenue in a B2 Commercial district; and 19 WHEREAS, the Subject Property has been occupied by a limited service restaurant with 20 a drive-through facility since 1978. The current tenant is Wendy’s International (“Wendy’s”); and 21 WHEREAS, the proposed outdoor dining will be located on the existing concrete-paved 22 area (the “Patio”) located near the front entrance of the tenant, on the Subject Property. There 23 will be three tables with seating for 4 people each; and 24 WHEREAS, Wendy’s was reconstructed in 2011 and although the site plan indicated 25 that outdoor dining would be present, a separate special use permit for outdoor dining was not 26 requested at that time; and 27 WHEREAS, an eight (8) foot wide sidewalk will be installed on the north side of Touhy 28 Avenue and a five (5) foot wide sidewalk will be constructed at the northeast corner of the site 29 by the trash corral to connect with the anticipated sidewalk to be located at the Touhy 30 Marketplace Shopping Center; and Page 1 of 3 VOSDOCS-#410800-v1-Ordinance__2012-25P__SUP__Outdoor_Dining__Wendy_s__3700_Touhy_Ave  1 WHEREAS, at a public hearing of the Skokie Plan Commission duly held on June 7, 2 2012, for which proper legal notice had been achieved and no interested parties appeared, the 3 Skokie Plan Commission (a) made the appropriate findings of fact as required under Section 4 118-32 of the Skokie Village Code and (b) voted to recommend to the Mayor and Board of 5 Trustees that the requested special use permit be granted subject to the conditions contained 6 in the Plan Commission Report dated August 6, 2012; and 7 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on August 8 6, 2012 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 the special use permit requested by the petitioner to allow outdoor 13 dining at the Subject Property, described above and commonly known as 3700 Touhy Avenue, 14 Skokie, Illinois, in a B2 Commercial district, be and the same is hereby granted and approved 15 subject to each of the conditions set forth below: 16 1. The petitioner shall operate and maintain the outdoor dining area in substantial 17 conformance with the Seating Area Exhibit, dated March 5, 2012, and 18 Geometric Plan dated January 27, 2010 and subsequently revised March 23, 19 2011; 20 2. The petitioner shall widen the existing public sidewalk adjacent to the Subject 21 Property to eight (8) feet in width. The additional width is to be added to the 22 south side of the sidewalk. This shall be completed no later than November 30, 23 2012; 24 3. The petitioner shall install a five (5) foot-wide sidewalk at the northeast corner 25 of the site to connect to the anticipated sidewalk to be located at the Touhy 26 Marketplace Shopping Center; 27 4. At least once during every four (4) hours of operation and before opening and 28 closing of the business, employees shall patrol the Subject Property and clear it 29 of debris; 30 5. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, 31 signage, landscaping, structures, and any other facilities or infrastructure on the 32 Subject Property shall be maintained in a good state of repair, and when 33 needed, be repaired or replaced in a timely manner; 34 6. All modifications to building elevations, signage, and landscaping shall be 35 subject to the review and approval of the Skokie Appearance Commission; 36 7. All signage shall conform to the Skokie Village Code. Any sign on the Subject 37 Property that is in violation of that Code must be removed or modified to 38 conform with the Village Code prior to the issuance of an occupancy permit; 39 8. All private and public sidewalks shall be maintained free of snow, ice, sleet, or 40 other objects that may impede travel; 41 9. If work is to be performed on public property or if public property is utilized or 42 impacted during construction and/or development, the owner shall provide, or Page 2 of 3 VOSDOCS-#410800-v1-Ordinance__2012-25P__SUP__Outdoor_Dining__Wendy_s__3700_Touhy_Ave  1 shall cause the developer and/or contractor to provide, the Village of Skokie 2 with a certificate of insurance naming the Village of Skokie as additionally 3 insured for any and all claims related to any and all work. The owner shall hold, 4 and shall cause the developer and/or contractor to hold, the Village of Skokie 5 harmless and indemnify the Village for any and all claims for property damage 6 or personal injury related to work on or use of public property; 7 10. The petitioner shall comply with all Federal and State statutes, laws, rules and 8 regulations and all Village codes, ordinances, rules, and regulations; 9 11. Failure to abide by any and all terms of this Ordinance shall be cause for the 10 Village to initiate hearings to determine whether the subject Ordinance, as well 11 as any applicable business licenses, should be revised or revoked. The 12 petitioner shall pay all costs related to any hearings conducted as a result of 13 non-compliance with any of the provisions of the enabling ordinance. The 14 costs shall include but not be limited to court reporter fees, attorney fees, and 15 staff time required researching and conducting said hearing. 16 Section 2: That a notice of the approval of this Ordinance incorporating the 17 conditions contained herein shall be executed by the owner of the property in writing and 18 duly recorded with the Cook County Recorder of Deeds Office at the owner’s expense. 19 Section 3: That this Ordinance shall be in full force and effect from and after its 20 passage, approval and recordation as provided by law. 21 ADOPTED this day of September, 2012. Ayes: Nays: Village Clerk Absent: Attested and filed in my Approved by me this day of office this day of September, 2012. September, 2012. Mayor, Village of Skokie Village Clerk 22 Page 3 of 3 VOSDOCS-#410800-v1-Ordinance__2012-25P__SUP__Outdoor_Dining__Wendy_s__3700_Touhy_Ave  JPH: *9/4/12 C PC: 2012-28P SUP: 433.01 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 12-9-Z- AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ESTABLISH AND OPERATE A CHILD DAY CARE AT 8950 GROSS POINT ROAD, UNIT400, SKOKIE, ILLINOIS, IN A B2 COMMERCIAL DISTRICT 1 WHEREAS, the owner of the following described real property: 2 LOT 2 IN STOVER SUBDIVISION, BEING A RESUBDIVISION OF PART OF THE 3 WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 41 NORTH, 4 RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, 5 ILLINOIS. 6 7 PIN: 10-16-409-031-0000 8 more commonly described as 8950 Gross Point Road, Skokie, Illinois (the “Subject 9 Property”), petitioned the Village of Skokie, on behalf of Chabad Israeli Center, for a special 10 use permit to establish and operate a child day care (the “Day Care”) in a B2 Commercial 11 district; and 12 WHEREAS, the Subject Property contains a one story office building and a parking lot 13 with 84 spaces. The Day Care will be located in Unit #400 (the “Subject Site”). There are 14 two additional tenants that share the building and one vacant space; and 15 WHEREAS, two driveways access the Subject Property from Gross Point Road and 16 Grove Street. An additional driveway provides access from Grove Street to a loading area to 17 the north of the building; and 18 WHEREAS, the Day Care will accommodate a maximum of 12 infants and 16 19 toddlers. A fenced playground for toddlers will be constructed on a 20 foot wide by 80 foot 20 long portion of the parking lot to the east side of the Subject Property. The playground will 21 be protected from the parking lot by wheel stops and a guardrail; and 22 WHEREAS, the Day Care will offer full day and half day programs, with the anticipated 23 operating hours of 7:30 a.m. to 6:00 p.m., Monday through Friday, and a staff of 4 employees; 24 and 25 WHEREAS, of the 84 parking spaces provided, 81 spaces are required for all tenants at 26 the Subject Property, of which seven spaces are required for the Day Care. One additional 27 handicapped parking space will be provided pursuant to Illinois Accessibility Code 28 requirements and one non-conforming space will be removed, for a total of 82 total required 29 parking spaces; and 30 WHEREAS, at a public hearing of the Skokie Plan Commission duly held on June 21, 31 2012, for which proper legal notice had been achieved and one interested party testified, Page 1 of 4 VOSDOCS-#410743-v1-Ordinance__2012-28P__SUP__Child_Day_Care_Not_in_Residence__8950_Gross_Point_Rd__#400  1 one Commissioner had concerns regarding the drop off and pickup of the children of the 2 Day Care due to a history of vehicles utilizing the Subject Property to get from Gross Point 3 Road to Grove Street and whether traffic could be restricted from using the Grove Street 4 driveway which opens into a residential neighborhood. Staff replied that there was no way 5 to restrict vehicle access to the Subject Property and the adjoining commonly owned 6 property; and 7 WHEREAS, the Skokie Plan Commission (a) made the appropriate findings of fact 8 as required under Section 118-32 of the Skokie Village Code and (b) voted to recommend 9 to the Mayor and Board of Trustees that the requested special use permit be granted 10 subject to the conditions contained in the Plan Commission Report dated August 6, 2012; 11 and 12 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on 13 September 4, 2012 concurred in the aforesaid recommendations and findings of fact of the 14 Skokie Plan Commission; 15 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the 16 Village of Skokie, Cook County, Illinois: 17 Section 1: That the special use permit requested by the petitioner to establish and 18 operate a child day care not in a residence at the Subject Site, described above and 19 commonly known as 8950 Gross Point Road, Unit #400, Skokie, Illinois, in a B2 Commercial 20 district, be and the same is hereby granted and approved subject to each of the conditions set 21 forth below: 22 1. The petitioner shall operate and maintain the child care facility in substantial 23 conformance with the Floor Plan, received May 18, 2012, and Proposed Playground 24 Plan, dated June 13, 2012; 25 2. Prior to the issuance of an occupancy permit, the property owner must: 26 A. Remove and replace all emerald ash borer-infested trees within Lot 2 with 27 Village-approved parking lot trees. 28 B. Change the unit number on the front door to the proposed child day care from 29 #600 to #400. 30 C. Remove all litter, weeds, and overgrown scrub trees from the area near the 31 loading dock and within the landscaping along the north wall of the building. 32 D. Scrape and repaint brick wall on the north side of the building adjacent to the 33 loading dock. 34 E. Seal coat and restripe the portion of the parking lot that is located on the Subject 35 Property. 36 F. Remove all reserved parking signage and associated sign posts that are 37 currently located in the parking lot located on the Subject Property. 38 G. Remount all shifted/overturned concrete wheel stops in the parking lot on the 39 Subject Property and replace all broken concrete wheel stops; 40 3. All parking areas and driveways within the Subject Property and the commonly owned Page 2 of 4 VOSDOCS-#410743-v1-Ordinance__2012-28P__SUP__Child_Day_Care_Not_in_Residence__8950_Gross_Point_Rd__#400  1 adjacent Lot 1, are to be shared; 2 4. The petitioner must install a guardrail, no closer than 2.5 feet, from the parking spaces 3 in the parking area along the full length of the east side of the playground; 4 5. One bicycle parking space must be provided in compliance with Section 118-221 of 5 the Skokie Village Code and must be constructed in the location as approved by 6 Village staff; 7 6. Adult supervision must be provided at the child care facility and playground at all times 8 that they are in use; 9 7. All children must be dropped off and picked up at the child care center by a parent or 10 adult. Children shall not be allowed to leave the center without adult supervision; 11 8. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage, 12 landscaping, structures, and any other facilities or infrastructure on the Subject 13 Property must be maintained in a good state of repair, and when needed, be repaired 14 or replaced in a timely manner; 15 9. Parking lot and exterior lighting must meet IES standards, be full cut-off design and be 16 directed away from adjacent properties, subject to the approval of the Engineering 17 Division; 18 10. All off-street parking spaces must be legibly striped and maintained; 19 11. All modifications to building elevations, signage, and landscaping shall be subject to 20 the review and approval of the Skokie Appearance Commission; 21 12. All signage must conform to the Skokie Village Code. Any sign on the Subject 22 Property that is in violation of that Code must be removed or modified to conform with 23 the Village Code prior to the issuance of an occupancy permit; 24 13. Vehicles must always be parked between, and not overlap, the striped lines of 25 designated parking spaces and must not block driveways, sidewalks, aisles, or other 26 points of access; 27 14. All private and public sidewalks must be maintained free of snow, ice, sleet, or other 28 objects that may impede travel; 29 15. All landscaping must be maintained to a maximum height of 30 inches for a distance 30 of 15 feet from any vehicular access point or intersection in order to maintain adequate 31 sight distance; 32 16. Prior to the issuance of building permits, the petitioners must submit to the Planning 33 Division of the Community Development Department the name, address, and 34 telephone number of the company and contact person responsible for site 35 maintenance in compliance with the special use permit; 36 17. If work is to be performed on public property or if public property is utilized or impacted 37 during construction and/or development, the owner shall provide, or shall cause the 38 developer and/or contractor to provide, the Village of Skokie with a certificate of 39 insurance naming the Village of Skokie as additionally insured for any and all claims 40 related to any and all work. The owner shall hold, and shall cause the developer 41 and/or contractor to hold, the Village of Skokie harmless and indemnify the Village for 42 any and all claims for property damage or personal injury related to work on or use of Page 3 of 4 VOSDOCS-#410743-v1-Ordinance__2012-28P__SUP__Child_Day_Care_Not_in_Residence__8950_Gross_Point_Rd__#400  1 public property; 2 18. The petitioners shall comply with all Federal and State statutes, laws, rules and 3 regulations and all Village codes, ordinances, rules, and regulations; 4 19. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to 5 initiate hearings to determine whether the subject Ordinance, as well as any applicable 6 business licenses, should be revised or revoked; 7 20. The petitioners shall pay all costs related to any hearings conducted as a result of 8 non-compliance with any of the provisions of the enabling ordinance. The costs shall 9 include but not be limited to court reporter fees, attorney fees, and staff time required 10 researching and conducting said hearing. 11 Section 2: That a notice of the approval of this Ordinance incorporating the 12 conditions contained herein shall be executed by the owner of the property in writing and 13 duly recorded with the Cook County Recorder of Deeds Office at the owner’s expense. 14 Section 3: That this Ordinance shall be in full force and effect from and after its 15 passage, approval and recordation as provided by law. 16 ADOPTED this day of September, 2012. Ayes: Nays: Village Clerk Absent: Attested and filed in my Approved by me this day of office this day of September, 2012. September, 2012. Mayor, Village of Skokie Village Clerk 17 Page 4 of 4 VOSDOCS-#410743-v1-Ordinance__2012-28P__SUP__Child_Day_Care_Not_in_Residence__8950_Gross_Point_Rd__#400  JPH: *9/4/12 D PC: 2012-29P THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 12-9-C- AN ORDINANCE AMENDING CHAPTER 118, SECTIONS 118-31 AND 118-80, OF THE SKOKIE VILLAGE CODE PERTAINING TO FENCES 1 WHEREAS, Chapter 118, Section 118-31, of the Skokie Village Code (hereinafter “Code”) 2 provides for the powers of the Zoning Board of Appeals (hereinafter the “ZBA”) in the Village of 3 Skokie; and 4 WHEREAS, Chapter 118, Section 118-80, of the Code provides for general rules and 5 regulations pertaining to fences in the Village; and 6 WHEREAS, the Skokie Plan Commission heard the request of the Village Manager to 7 amend the Code to: (i) increase the maximum fence height in residential side yards to 5 feet, (ii) 8 eliminate fences as allowable exceptions, and (iii) eliminate the 50% openness requirement in 9 residential side yards; and 10 WHEREAS, as part of this request, the Community Development staff compared Skokie 11 fence regulations with those of five surrounding communities and found that Skokie has the most 12 restrictive fence height and percent open regulations in the area, and staff recommended the 13 proposal as a compromise to give residents more privacy and more fencing options while making 14 the permit review process simpler; and 15 WHEREAS, staff also determined that over the past five years just over 50% of cases 16 before the ZBA were fence cases and between 75% and 94% of those were approved in any 17 given year; and 18 WHEREAS, the Skokie Police Department made no specific recommendation regarding 19 fence height or percent of openness, noting that most police officers can see over a 4 or 5-foot 20 fence. However the Police Department did prefer that any fence over 5 feet in height be 50% or 21 more open; and 22 WHEREAS, Ralph Klein, Chairman of the ZBA, presented testimony on exception permits 23 involving fences that have been heard by the ZBA. It was his impression that most residents who 24 request a fence exception wish to enclose themselves in their yards and that a 6-foot tall solid 25 fence does not let light and air through and can block a neighbor’s view. Mr. Klein also stated that 26 the Police Department’s concerns were expressed to petitioners, but it did not deter them from 27 applying for a taller or solid fence; and 28 WHEREAS, at a public hearing of the Skokie Plan Commission, duly held on June 21, 29 2012, for which proper notice had been achieved, seven interested parties spoke, expressing 30 various opinions, including opposition to the proposal, raising the height, maintaining an open 31 style requirement, and not allowing fences as exceptions; and 32 WHEREAS, after hearing all testimony and discussion, the Skokie Plan Commission 33 recommended to the Mayor and Board of Trustees for the Village of Skokie, (i) that the maximum Page 1 of 3 VOSDOCS-#410752-v1-Ordinance__2012-29P__Zoning_Chapter_Amendment__Chapter_118__Fence_Height_in_Side_yards  1 fence height in a side yard be increased to 5 feet, (ii) the elimination of fences as allowable 2 exceptions, and (iii) removing the 50% open minimum requirement in a residential side yard and 3 that Chapter 118, Sections 118-31 and 118-80, of the Skokie Village Code be amended 4 accordingly; and 5 WHEREAS, the Mayor and Board of Trustees of the Village of Skokie, at a public meeting 6 duly held on August 6, 2012, concurred in the aforesaid recommendation of the Skokie Plan 7 Commission; 8 NOW, THEREFORE BE IT ORDAINED by the Mayor and Board of Trustees of the Village 9 of Skokie, Cook County, Illinois: 10 Section 1: That Chapter 118, Sections 118-31 and 118-80, of the Skokie Village Code 11 be and the same is hereby amended in the manner hereinafter indicated. The new material is 12 highlighted in bold and the material to be deleted is highlighted and stricken through. 13 Sec. 118-31. Powers of Zoning Board of Appeals; variations and exceptions; review of 14 orders and decisions of Director of Community Development. 15 (a) Variations and exceptions. The Zoning Board of Appeals shall hear and decide the 16 following types of variation and exception permit cases, excluding any provisions or 17 conditions of any ordinance providing for a special use permit or site plan approval, or 18 for any lot in the B4 Regional Shopping, B6 Downtown Science and Technology, H1 19 Hospital and OR Office Research districts. 20 (1) Variations. 21 a. Accessory buildings and structures. A variation may be granted for the 22 location and size within permitted yards. However, the Zoning Board of Appeals 23 shall have no authority to grant a variation to allow a front yard fence or for 24 fence height. 25 … 26 (2) Exceptions. 27 a. An exception may be granted for fences and permanently installed 28 barbeques, relating to requirements in required yards. 29 … 30 Sec. 118-80. Fences. 31 (a) A permit shall be required for the construction, installation, or replacement of any fence. 32 (b) All fence posts and other supporting members must face to the owner's side or be 33 enclosed on two sides by fencing. 34 (c) A fence shall not have a solid surface exceeding 50 percent of the total surface area in a 35 residential zoning district when abutting another lot in a residential zoning district if the 36 fence is either along a side lot line or in a side yard, provided, however, no more than 6 37 linear feet of the fence may be continuously solid. 38 (dc) Fence location. 39 (1) No fence shall be allowed on any part of a front yard or corner side yard except 40 at schools, public parks, governmental uses, and public utilities, required for the 41 protection of the public in residential zoning districts. Decorative fences in the Page 2 of 3 VOSDOCS-#410752-v1-Ordinance__2012-29P__Zoning_Chapter_Amendment__Chapter_118__Fence_Height_in_Side_yards  1 front yard of a nonresidence use in a residential zoning district may be allowed 2 with site plan approval. 3 (2) A temporary fence required as a condition of a Village permit or license at a 4 construction or work site shall be allowed in all required yards. 5 (3) Fences shall be allowed in accordance with section 118-75. Permitted 6 obstructions in required yards. 7 (ed) A fence may be erected to a height not exceeding 6 feet from ground level, except in 8 industrial districts or as otherwise provided below: 9 (1) A fence may be erected to a height not exceeding 4 5 feet from ground level in a 10 residential zoning district when abutting another lot in a residential zoning district 11 if the fence is either along a side lot line or in a side yard. 12 (2) A fence may be erected to a height of 8 feet from ground level where a side or 13 rear lot line of a property in a residential zoning district abuts either an industrial 14 district or an alley abutting an industrial district. 15 (3) Any fence or fence post within a 10-foot sight distance triangle in R1, R2, R3, 16 and R4 districts, or within a 15-foot sight distance triangle in all other districts, 17 shall not exceed 30 inches in height. 18 (fe) The following types of fences and fence attachments are prohibited unless otherwise 19 stated: 20 (1) Electrically charged. 21 (2) Barbed wire, razor wire or any guard or barricade intended to cause injury. 22 Barbed wire shall only be allowed at industrially zoned property, located at least 23 6 feet above ground level, and extended inward towards the property enclosed. 24 Section 2: That this Ordinance shall be in full force and effect from and after its 25 passage, approval and publication in pamphlet form as provided by law. 26 27 ADOPTED this day of September 2012. 28 29 Village Clerk 30 Ayes: 31 Nays: 32 Absent: 33 34 Approved by me this day of 35 Attested and filed in my office this September 2012. 36 day of September 2012; and 37 published in pamphlet form according 38 to law from September , 2012 Mayor, Village of Skokie 39 to September , 2012. 40 41 42 Village Clerk Page 3 of 3 VOSDOCS-#410752-v1-Ordinance__2012-29P__Zoning_Chapter_Amendment__Chapter_118__Fence_Height_in_Side_yards  JPH: 8/20/12 Manager’s Report E *9/4/12 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 12-9-C- AN ORDINANCE AMENDING CHAPTER 46, ARTICLE VII, SECTION 46-228 OF THE SKOKIE VILLAGE CODE PERTAINING TO THE SKOKIE SWIFT PARKING LOTS 1 WHEREAS, Chapter 46, Article VII, Section 46-228, of the Skokie Village Code 2 establishes the fee for parking in the Skokie Swift Parking Lots (hereinafter the "Lots"); and 3 WHEREAS, designated parking for the Skokie Swift is divided into two lots. The North 4 Lot which is north of Dempster Street and the South Lot which is south of Dempster Street 5 and contiguous to the Swift Station. The South Lot is owned by the Chicago Transit Authority 6 (the “CTA”), Commonwealth Edison and the Village. The North Lot is leased from 7 Commonwealth Edison by the Village; and 8 WHEREAS, the most recent amendment to Section 46-228, set the daily fee of $4.00 9 for parking for the North Lot, pursuant to Village Ordinance 09-1-C-3658, adopted on January 10 5, 2009. Pursuant to the agreement by and between the CTA and the Village, which arose 11 out of the operation of the transit station in the 1960’s, the parking fees on the South Lot are 12 to be established by the CTA; and 13 WHEREAS, in early 2012, the CTA increased and decreased the daily parking fees at 14 a number of their commuter parking lots based on the lot’s utilization without consideration of 15 the Skokie Swift’s South Lot; and 16 WHEREAS, having become aware of the CTA’s action in regard to their other lots, the 17 Village notified the CTA that utilization of the South Lot had experienced a significant decline 18 in the period since the increase of the fee to $4.00; and 19 WHERAS, consistent with the CTA’s actions with regard to low utilization in other of 20 their lots, the Village recommended that the daily parking fee be decreased due to low 21 utilization at the South Lot; and 22 WHEREAS, in correspondence dated May 29, 2012, the CTA notified the Village that 23 it agreed with the Village’s recommendation to change the rate from $4.00 per day to $3.00 24 per day for the South Lot; and 25 WHEREAS, any and all funds collected from parking fees are placed in a parking lot 26 improvement and operations fund and are maintained separately from other Village funds; 27 and 28 WHEREAS, the parking fees are used to pay the costs of improvements and 29 maintenance made at the Lots; and Page 1 of 2 VOSDOCS-#410186-v1- Ordinance__Code_Amendment__Chapters_46_and_106__Skokie_Swift_CTA_Parking_Lot_Fee_Decrease__$4_to_$3_at_the_So uth_Lot  1 WHEREAS, the Village Manager recommended to the Mayor and Board of Trustees, 2 at a public meeting duly held on August 20, 2012, the Village Code be amended to establish 3 the parking fee for the South Lot be set at $3.00 in accordance with the CTA’s agreement 4 with Village’s recommendation; and 5 WHEREAS, the Mayor and Board of Trustees at a public meeting duly held on 6 September 4, 2012, concurred in the aforesaid recommendation of the Village Manager; 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 Chapter 46, Article VII, Section 46-228 of the Skokie Village Code 10 be and the same is hereby amended in the manner hereinafter indicated. The new material is 11 highlighted in bold and the material to be deleted is highlighted and stricken through. 12 Sec. 46-228. Fee for parking in Skokie Swift parking lots. 13 The fee for parking in the Skokie Swift parking lots which is contiguous to the Swift Station 14 and south of Dempster Street (the "South Lot") under Section 106-103(g) is $4.00 $3.00. The 15 fee for parking in the Skokie Swift Lot north of Dempster Street (the "North Lot") under 16 Section 106-103(g) is $2.00. The Village Manager or designee is authorized to promulgate 17 rules with regard to these properties. 18 Section 2: That this Ordinance shall become effective upon its approval and 19 passage, and publication in pamphlet form, as provided by law. ADOPTED this day of September, 2012. Ayes: Village Clerk Nays: Absent: Approved by me this day of September, 2012. Attested and filed in my office this day of September, 2012; and published in pamphlet form according to law from September , 2012 Mayor, Village of Skokie to September , 2012. Village Clerk 20 Page 2 of 2 VOSDOCS-#410186-v1- Ordinance__Code_Amendment__Chapters_46_and_106__Skokie_Swift_CTA_Parking_Lot_Fee_Decrease__$4_to_$3_at_the_So uth_Lot  JPH: 7/2/12 Manager’s Report F nd 9/4/12 2 Reading THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 12-9-C- AN ORDINANCE AMENDING CHAPTER 22, BY ADDING ARTICLE XIV, PERTAINING TO THE LICENSING FOR THE RENTAL OF MULTI-UNIT RESIDENTIAL BUILDINGS AND SECTION 42-43, PERTAINING TO CRIME FREE LEASE PROVISIONS, OF THE SKOKIE VILLAGE CODE 1 WHEREAS, this Ordinance pertains to licensing of multi-unit residential buildings. 2 Licensing of rental properties is one of the systemic tools used by municipalities for the 3 maintenance and regulation of the business of renting residential property. This Ordinance is 4 designed to ensure property management and supervision of the rental of multi-unit 5 residential buildings; and 6 WHEREAS, in 2008, the Village adopted an ordinance relating to regulation of 7 property which utilized the concept of declaring a property a nuisance to address certain 8 problems. The 2008 ordinance created a Nuisance Intervention and Prevention Committee 9 (hereinafter “NIP Committee”) within the Village and required all landlords of rental property to 10 include a crime free lease addendum to their leases; and 11 WHEREAS, the NIP Committee has engaged and worked with landlords in the 12 Village, in order that they may better manage their rental properties; and 13 WHEREAS, due to the effort and experiences of the NIP Committee, the Village 14 recently began a review of Illinois municipalities that have established a licensing program for 15 rental properties; and 16 WHEREAS, the Village of Skokie’s Public Safety Commission held two hearings on 17 April 18 and May 16, 2012, on the proposed licensing program which were well attended by 18 property owners and the public; and 19 WHEREAS, on May 16, 2012, the Public Safety Commission voted to recommend to 20 the Village Board that the proposed licensing program be adopted; and 21 WHEREAS, on July 16, 2012, the Assistant Village Manager stated in a presentation 22 of the proposed licensing program to the Village Board that residential rental licensing is a 23 proactive and preventative program that strengthens communication and the partnership 24 between landlords and the Village. This initiative is designed to ensure that rental buildings 25 are maintained in a safe and secure manner and adds a law enforcement perspective, as an 26 additional resource; and 27 WHEREAS, in his presentation, the Assistant Village Manager emphasized that the 28 program will have the following components: (i) licensing for the rental of multi-unit residential 29 property; (ii) training and education of property owners and managers and (iii) inspections by Page 1 of 8 VOSDOCS-#409770-v1-Ordinance__Code_Amendment__Chapter_22__Multi-Unit_Rental_Licensing_Program  1 Property Standards and Police personnel; (iv) enforcement of the crime free lease addendum 2 requirement; 3 WHEREAS, property owners who manage and supervise their property are able to 4 adequately control the activity occurring on their property. Among the property management 5 practices that contribute positively to neighborhoods are property owners or managers who 6 require tenants to obey laws as a condition of leases, enforcement of existing lease 7 provisions, responding to and taking affirmative actions to address complaints by tenants and 8 surrounding property owners and maintaining their property in compliance with Village Codes; 9 and 10 WHEREAS, the expenditure of public funds results, in part, from the fact that certain 11 property owners or managers fail to adequately manage and control their property; and 12 WHEREAS, the provisions will assist in deterring property owners and managers from 13 adopting inadequate management practices, thus benefiting current and future residents and 14 property owners; and 15 WHEREAS, crime free lease addendums are a vital part of an effort to reduce illegal 16 activity in multi-unit residential rental buildings. A lease addendum is a civil contract between 17 a landlord and tenant whereby the rental applicant agrees, prior to tenancy, to abide by the 18 rules of the property and not to participate in or allow criminal activity to occur within their 19 sphere of influence; and 20 WHEREAS, the rental single-family attached and detached dwellings are not 21 regulated by this Ordinance, but will be inventoried during the first year of licensing; and 22 WHEREAS, the Village Manager recommended to the Mayor and Board of Trustees 23 that Chapter 22 of the Skokie Village Code be amended by adding Article XIV, and Chapter 24 42, Section 42-43, be amended accordingly; and 25 WHEREAS, the Mayor and Board of Trustees at a public meeting duly held on July 26 16, 2012, concurred in the aforesaid recommendation of the Village Manager; and 27 NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Board of Trustees of the 28 Village of Skokie, Cook County, Illinois; 29 Section 1: The primary purpose of Chapter 22, Article XIV is to promote the health, 30 welfare and safety of the residents of the Village of Skokie and to encourage property owners 31 of multi-unit residential rental buildings to maintain and improve the quality of rental housing 32 within the Village. 33 Section 2: That Chapter 22 of the Skokie Village Code be and the same is hereby 34 amended by adding Article XIV in the manner hereinafter indicated. 35 ARTICLE XIV. RENTAL PROPERTY LICENSING 36 Section 22-500. Rental Property License. Page 2 of 8 VOSDOCS-#409770-v1-Ordinance__Code_Amendment__Chapter_22__Multi-Unit_Rental_Licensing_Program  1 No person shall engage in the business of renting a residential unit in a multi-unit 2 residential building within the Village without first having obtained a Rental Property 3 License (hereinafter “RPL”) issued by the Village. A RPL is necessary for each 4 residential unit to be rented in such building. 5 Section 22-501. Exceptions. 6 (a) A RPL shall not be required for units in a multi-unit residential building 7 comprised of two units of which one is occupied by the owner of the 8 building. 9 (b) A RPL shall not be required for residential units in a multi-unit building 10 organized and owned pursuant to the Illinois Condominium Act 765 ILCS 605 11 or organized pursuant to a residential cooperative agreement. 12 (c) A RPL shall not be required for any residential townhouse or townhome. 13 (d) A RPL shall not be required for residential units in a multi-unit building 14 owned by a governmental entity. 15 Section 22-502. Application. 16 (a) A RPL shall be issued only upon written application to the Village, signed by 17 the legal title holder (hereinafter “Owner”) of the building. Said application 18 shall contain information as required by the Village Manager or designee, 19 and must be filed no later than thirty (30) days prior to the proposed date for 20 rental of the unit. 21 (b) An Owner may designate an Authorized Agent to act on his or her behalf, by 22 submission of an executed “Designated Authorized Agent” form. 23 Section 22-503. Property Standards. 24 (a) Every licensed residential rental unit shall be owned, operated and 25 maintained in full compliance with all Federal and State laws and the Village 26 Code. 27 (b) All exterior and common areas serving a licensed residential rental unit shall 28 be owned, operated and maintained in full compliance with all Federal and 29 State laws, and the Village Code. All exterior and common areas shall be 30 subject to inspection by the Village. 31 (c) All multi-unit residential buildings for which RPLs are necessary shall be 32 subject to a public safety review by the Skokie Police Department. 33 (d) Owner shall comply with the crime free lease requirements of Section 42-43. 34 (e) Owner must enforce the provisions of the crime free lease requirements of 35 Section 42-43. An Owner shall be considered in compliance if the Owner has 36 initiated required eviction proceedings and diligently pursues such 37 proceedings. 38 Section 22-504. Owner Seminar. Page 3 of 8 VOSDOCS-#409770-v1-Ordinance__Code_Amendment__Chapter_22__Multi-Unit_Rental_Licensing_Program  1 The Owner, or Owner’s Authorized Agent, applying for a RPL shall have successfully 2 completed the Skokie Residential Rental Property Landlord Seminar (hereinafter 3 “Seminar”), within six (6) months from the date of the issuance of a RPL. 4 (a) An Owner, or Owner’s Authorized Agent, of any multi-unit residential 5 building, who has successfully completed prior professional training 6 commensurate with the Village’s Seminar may apply to the Village Manager 7 or designee, may seek a waiver from the Seminar requirement. The Village 8 Manager or designee, in his or her sole discretion, shall determine whether 9 the applicant’s prior professional training constitutes the substantial 10 equivalent of the Village’s Seminar. 11 (b) An Owner or Authorized Agent who successfully completes the Village’s 12 Seminar shall not be required to attend and complete a Village Seminar 13 following the issuance of any subsequent renewal RPL. 14 (c) An Owner or Authorized Agent may be required to re-attend a Seminar, if 15 the Village Manager or designee determines that re-attendance is required 16 for good cause. Factors to be considered in determining whether or not to 17 require a specific person to re-attend the seminar, shall consider the 18 following: 19 (1) Activities that have occurred on or in connection with the rental 20 building; 21 (2) Chronic criminal activity that has occurred on or in connection with the 22 rental building, which Owner or Authorized Agent has failed to 23 address; 24 (3) History of Village Code violations in relation to multi-unit rental 25 buildings; or 26 (4) Owner or Authorized Agent has exhibited a lack of management or 27 supervision of the multi-unit residential building. 28 (d) A new Owner or Authorized Agent shall not be required to attend a Village 29 Seminar, if it can be substantiated that the Owner or Authorized Agent 30 meets the criteria in Section 22-504(a) or 22-504(b). 31 22-505. License Fee. 32 (a) Each application for a RPL, or a renewal of an existing RPL, shall be 33 accompanied by a fee as determined by the number of residential rental 34 units in that building. The fee is $25.00 per rental unit. 35 (b) A RPL is not transferable. If the Ownership interest of a building changes 36 by 50% or more, during the license year, a new RPL must be obtained for 37 each residential rental unit. 38 (c) The new Owner must file an application for a new RPL within ten (10) days 39 of the change in ownership. The fee for the new RPL shall be determined 40 on a prorated basis. No refund of any fees shall be made. 41 22-506. License Term and Expiration. Page 4 of 8 VOSDOCS-#409770-v1-Ordinance__Code_Amendment__Chapter_22__Multi-Unit_Rental_Licensing_Program  1 Each RPL shall be effective on January 1st and expire on December 31st of each year. 2 Notwithstanding any provision contained in this Article to the contrary, a RPL issued 3 pursuant to this Article shall terminate upon the ownership interest of the building, 4 for which the RPL pertains, a change of 50% or more. 5 6 22-507. Change of Ownership and or Information. 7 Every Owner shall report to the Property Standards Supervisor, Community 8 Development Department, any change in information on the required RPL 9 application, within seven (7) days of such change, including, but not limited to, the 10 removal or change of the Owner’s Authorized Agent or a change in ownership 11 interest is more than 50% of the multi-unit building. 12 22-508. Grounds for Denial or Suspension of an RPL. 13 (a) The Village Manager or designee may deny an application for an RPL or 14 refuse to renew an existing RPL, if any of the following circumstances 15 exist at the time of application: 16 (1) An Owner has not complied with the Village Code relating to the 17 multi-unit residential rental building to which the RPL pertains, 18 including, but not limited to, the provisions of Section 22-503; 19 (2) An Owner fails to provide the required information on an application 20 or provides fraudulent, false or misrepresentative statements, or has 21 material omissions in the application for the RPL; 22 (3) An Owner has outstanding fines, penalties or fees owed and past 23 due to the Village; 24 (4) If a RPL is suspended at the time of application due to a failure to 25 enforce the crime free lease addendum provisions outlined in 26 Section 42- 43(b); 27 (5) If a RPL is suspended at the time of application due to a reason other 28 than as outlined in Section 22-508(a)(4),provided however, a tenant 29 shall have the right to continue to occupy the unit for the balance of 30 a valid lease term, but such lease shall not be renewed. 31 (b) A RPL issued by the Village, unless otherwise provided, may be 32 suspended by the Village Manager after notice and hearing as provided in 33 this Article for any of the following causes: 34 (1) An Owner has not complied with the Village Code relating to the 35 multi-unit residential rental building to which the RPL pertains, 36 including, but not limited to, the provisions of Section 22-503; 37 (2) An Owner fails to provide the required information on an application 38 or provides fraudulent, false or misrepresentative statements, or has 39 material omissions in the application for the RPL; 40 (3) An Owner has outstanding fines, penalties or fees owed and past 41 due to the Village; Page 5 of 8 VOSDOCS-#409770-v1-Ordinance__Code_Amendment__Chapter_22__Multi-Unit_Rental_Licensing_Program  1 (4) Failure of an Owner to amend existing leases to include the crime 2 free lease addendum or to incorporate the crime free lease 3 addendum in new leases effective June 30, 2013; 4 (5) Chronic violations of the Village Code effecting the Owner’s multi- 5 unit residential buildings, which remain outstanding after sufficient 6 time for correction. 7 22-509. Enforcement. 8 (a) If, upon inspection of any multi-unit residential rental building, conditions 9 or practices exist which are in violation of the Village Code, the Village 10 shall serve the Owner or Owner’s Authorized Agent with a warning letter 11 outlining the violation(s). Such a warning letter shall identify the specific 12 violation(s) and indicate that unless corrected within the time specified, the 13 Owner shall be issued a citation and the RPLs associated with that building 14 may be suspended. The warning letter shall be sent by First Class U.S. mail 15 or hand delivered to the Owner or Owner’s Authorized Agent. 16 (b) If it is determined through a re-inspection that the conditions have not been 17 corrected, or they are not in the process of being corrected, the Village may 18 issue citations or a Notice to Suspend the appropriate RPL. 19 (c) The Village shall provide notice of any criminal arrest that takes place in a 20 residential multi-unit building, or on the common elements of such 21 building, to an Owner or Owner’s Authorized Agent. Such notice will 22 include the name and address of the arrested individual and the offense 23 charged. 24 25 22-510. Tenancy after suspension of a RPL. 26 If a RPL is suspended or an application for RPL renewal is denied, an Owner or 27 Owner’s Authorized Agent shall not: 28 (a) Lease the unit if the unit is vacant; 29 (b) Renew a lease for the unit provided, however, a tenant shall have the right 30 to continue occupancy for the lease term. 31 32 22-511. Hearings. 33 (a) The Village Manager or designee shall send notice of the Village’s intent to 34 suspend or revoke a RPL issued under this Article to the Owner. A RPL 35 shall not be suspended unless the Owner, or Owner’s Authorized Agent, 36 has had an opportunity to present evidence to the Village Manager. The 37 Owner or Owner’s Authorized Agent may either submit written evidence to 38 the Village Manager, and/or submit a written request for a hearing on the 39 matter. 40 (b) Any submission or request for a hearing must be received by the Village 41 Manager or designee, within ten (10) business days of the date of the 42 Notice of Intent to Suspend. If a request for a hearing is received within the 43 time allowed, a hearing shall be held within thirty (30) days of the Village’s 44 receipt of the request for hearing. If, within ten (10) days of the Notice, the Page 6 of 8 VOSDOCS-#409770-v1-Ordinance__Code_Amendment__Chapter_22__Multi-Unit_Rental_Licensing_Program  1 Owner or Owner’s Authorized Agent does not submit any evidence or 2 request a hearing in writing, the RPL shall be suspended. 3 (c) Subsequent to a submittal of evidence by the Owner or Owner’s Authorized 4 Agent, or a hearing, the Village Manager shall issue a written Order which 5 shall include his or her findings and decision, within five (5) business days. 6 (d) In the event that the Village Manager should suspend a RPL subsequent to 7 a hearing, such suspension shall be for an indeterminate amount of time. 8 (e) In addition to the provisions contained in this article, the Village Manager 9 shall have the authority to establish rules and regulations for the conduct 10 of a hearing relating to the suspension of a RPL. 11 12 22-512. Reinstatement. 13 The Owner may, at any time, request reinstatement of a suspended RPL. The request 14 must be filed in writing to the Village Manager, detailing corrective action taken or 15 circumstances that indicate compliance with the Village Code. 16 17 Section 3: That Chapter 42 of the Skokie Village Code be and the same is hereby 18 amended in the manner hereinafter indicated. The new material is highlighted in bold. 19 20 Sec. 42-43. Crime free lease provisions; Obligations of landlords and tenants to 21 commit to crime free tenancies. 22 … 23 24 (b) In the event the criminal activity occurs that would constitutes (i) any class of 25 felony, or (ii) a Class A misdemeanor, at least twice in one year, then a property 26 owner, or authorized agent, shall initiate eviction proceedings against the tenant 27 participating in the criminal activity as specified in the Illinois Code of Civil 28 Procedure, 735 ILCS 5/9-101 et seq. A tenant that was a non-culpable victim or 29 was not participating in criminal activity shall not be evicted for the reason of 30 the criminal activity. In the event the property owner, authorized agent, or tenant, 31 believes that the circumstances are such that eviction should not be undertaken, 32 then they shall file a written request detailing the circumstances with the Nuisance 33 Intervention and Prevention Committee, (hereinafter “NIP Committee”) NIP 34 Committee and request a determination of whether eviction is inappropriate. The NIP 35 Committee may, at its discretion, meet with the property owner, authorized agent, 36 and any other person, including the tenant, that may have relevant information 37 regarding the circumstances. The NIP Committee shall render a written 38 determination on the question of whether eviction inappropriate and may deliver it 39 via first class mail. The NIP Committee may consider, but is not limited to, the 40 following factors: 41 42 1. The activity itself, 43 44 2. The age of the participants involved in the activity, 45 46 3. Whether the tenant was a non-culpable victim of the activity, or Page 7 of 8 VOSDOCS-#409770-v1-Ordinance__Code_Amendment__Chapter_22__Multi-Unit_Rental_Licensing_Program  1 2 4. Any other factors the NIP Committee deems relevant. 3 … 4 Section 4: An inventory of the rental single-family attached and detached dwellings shall 5 be completed within the first 12 months after the effective date of this Ordinance. 6 7 Section 5: That this Ordinance shall be in full force and effect from and after its passage, 8 approval and publication in pamphlet form as provided by law. 9 ADOPTED this day of , 2012. Ayes: Nays: Village Clerk Absent: Attested and filed in my office Approved by me this day of this day of , 2012; , 2012. and published in pamphlet form according to law from , 2012 to , 2012. Mayor, Village of Skokie Village Clerk 10 11 12 Page 8 of 8 VOSDOCS-#409770-v1-Ordinance__Code_Amendment__Chapter_22__Multi-Unit_Rental_Licensing_Program