Board of Trustees

MONDAY, NOVEMBER 2, 2020 – 8:00 P.M. Until further notice, meetings of the Skokie Village Board will be held electronically, with a majority of Village officials participating via remote access in order to comply with the State of Illinois Gubernatorial Disaster Proclamation. Members of the public who wish to comment as to an item on the published agenda or to comment during public comments must submit their statement or question in writing to the Village Manager’s Office and all properly submitted statements or questions will be presented and read during the relevant portion of the meeting. Written comments may be submitted by email to citizencomments@skokie.org by mail to Village of Skokie, Village Manager's Office, 5127 Oakton Street, Skokie, Illinois, 60077; or via the Village’s drop box located by the public entry to Village Hall. 1. Pledge of Allegiance led by Village Clerk Pramod C. Shah. 2. Call meeting to order and roll call. 3. Approve Consent Agenda. * 4. Approve, as submitted, minutes of regular meeting held Monday, October 19, 2020. * 5. Approve Voucher List #12-FY21 of November 2, 2020. 6. Proclamations and Resolutions. 7. Recognitions, Awards and Honorary Presentations. * 8. Appointments, Reappointments and Resignations. 9. Presentations and Reports. 10. Report of the Village Manager. A. Cook County Class 6b Real Estate Tax Incentive – 7800 Austin Avenue. B. Upgrade in Traffic Control from Uncontrolled to Yield Sign Control – Jarvis Avenue/Keystone Avenue and Jarvis Avenue/Kilbourn Avenue. 11. Report of the Corporation Counsel. CONSENT: * A. An ordinance approving a plat of subdivision with a dedication of land for the property located at 7800 Austin Avenue, Skokie, Illinois in M3 Industry and R2 Single-Family districts and relief from Chapter 118, Section 118-94(a)(2) of the Skokie Village Code (2020-14P). This item is on the consent agenda for second reading and adoption. * B. An ordinance amending the Zoning Map with regard to the property located at 7805 Austin Avenue, Skokie, Illinois from an R2 Single-Family district to an M2 Light Industry district (2020-15P). This item is on the consent agenda for second reading and adoption. * C. An ordinance amending Chapter 70, Article III, of the Skokie Village Code pertaining to theft. This item is on the consent agenda for second reading and adoption. FIRST READING: D. An ordinance amending Chapter 1, Section 1-7 of the Skokie Village Code pertaining 579036v1  to stipulated settlements. This item is on the agenda for first reading and will be on the November 16, 2020 agenda for second reading and adoption. 12. Unfinished Business. 13. New Business. 14. Plan Commission. A. Plan Commission Case 2020-13P – Special Use Permit: 3938 Dempster Street. 15. Citizen Comments. (See information at top of page 1) 16. Adjournment. 579036v1 A B  A MML: *11/2/2020 PC: 2020-14P THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 20-11-Z- AN ORDINANCE APPROVING A PLAT OF SUBDIVISION WITH A DEDICATION OF LAND FOR THE PROPERTY LOCATED AT 7800 AUSTIN AVENUE, SKOKIE, ILLINOIS IN M3 INDUSTRY AND R2 SINGLE-FAMILY DISTRICTS AND RELIEF FROM CHAPTER 118, SECTION 118-94(a)(2) OF THE SKOKIE VILLAGE CODE 1 WHEREAS, the owner of the following described real property: 2 PARCEL 1: 3 THE EAST 33.00 FEET OF EACH LOTS 1 AND 6 (EXCEPT THE NORTH 50.00 FEET THEREOF) IN 4 ASSESSOR’S DIVISION OF THE NORTHWEST ¼ OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 5 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. 6 PARCEL 2: 7 LOTS 7 AND 8, LYING EASTERLY OF THE EASTERLY LINE OF THE RIGHT OF WAY OF THE 8 CHICAGO MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD IN ASSESSOR’S DIVISION OF THE 9 NORTHWEST ¼ OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD 10 PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. 11 PARCEL 3: 12 LOT 1 IN THE SUBDIVISION BY THE HEIRS OF CARL SCHNUR OF THAT PART OF THE 13 SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 13, EAST 14 OF THE THIRD PRINCIPAL MERIDIAN, LYING EAST OF THE RAILROAD AND NORTH OF CARL 15 SCHNUR’S SUBDIVISION, ACCORDING TO THE PLAT RECORDED MARCH 21, 1939 AS 16 DOCUMENT 12285957, IN COOK COUNTY, ILLINOIS. 17 PARCEL 4: 18 THE SOUTH 330.00 FEET OF THE WEST 265.00 FEET OF LOT 1 IN CARL SCHNUR’S SUBDIVISION 19 OF PART OF THE NORTHEAST ¼ AND PART OF THE NORTHWEST ¼ OF SECTION 29, TOWNSHIP 20 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. 21 PINS: 10-29-101-004-0000, 10-29-101-006-0000, 10-29-101-007-0000, 10-29-101-011-0000 and 22 10-29-208-023-0000 23 more commonly known as 7800 Austin Avenue, Skokie, Illinois (hereinafter “Subject 24 Property”) in M3 Industry and R2 Single-Family districts, petitioned the Village of Skokie for 25 a subdivision of the Subject Property, as depicted on the “Bridge Point Skokie Subdivision” 26 plat, dated August 11, 2020, a copy of which is attached hereto as Exhibit “1”; and 27 WHEREAS, petitioner is requesting to resubdivide five (5) lots into two (2) lots, and 28 that relief from Chapter 118, Section 118-94(a)(2) of the Skokie Village Code be granted in Page 1 of 5 VOSDOCS-#571687-v1-Ordinance__2020-14P__Plat_of_Subdivision_with_Dedication__7800_Austin 1 order to allow a portion of the right of way to be reduced from 66 feet to as little as 50 feet; 2 and 3 WHEREAS, subsequent to the recordation of the “Bridge Point Skokie Subdivision” 4 plat, dated August 11, 2020, the legal description of the Subject Property will be as follows: 5 LOTS 1 AND 2 IN THE BRIDGE POINT SKOKIE SUBDIVISION BEING A SUBDIVISION OF THOSE 6 PARTS OF THE NORTHWEST AND NORTHEAST ¼ OF SECTION 29, TOWNSHIP 41 NORTH, 7 RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, ALL IN COOK COUNTY, ILLINOIS. 8 WHEREAS, it is anticipated that Lot 1 will be redeveloped into an industrial building 9 and Lot 2 is to remain a parking lot; and 10 WHEREAS, the “Bridge Point Skokie Subdivision” plat, dated August 11, 2020, 11 shows a dedication of an octagonal shaped portion of property, for a public right-of-way, 12 which measures, 33 feet x 1012.71 feet x 25 feet x 330.02 feet x 25 feet x 36.80 feet x 25 13 feet x 1379.53 feet; and 14 WHEREAS, the Comprehensive Plan identifies the future connection of Austin 15 Avenue from Oakton Street to Howard Street. The requested dedication will for the 16 development of that contemplated street. 17 WHEREAS, the Skokie Plan Commission, after public hearing duly held October 1, 18 2020, made appropriate findings of fact, as required under Section 118-6 of the Skokie 19 Village Code, and recommended to the Mayor and Board of Trustees that the requested 20 subdivision be granted subject to various conditions; and 21 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on 22 October 19, 2020 concurred in the aforesaid recommendation of the Skokie Plan 23 Commission: 24 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the 25 Village of Skokie, Cook County, Illinois: 26 Section 1: That the above stated Recitals are restated and incorporated as if 27 stated in full. 28 Section 2: That the subdivision of the Subject Property, legally described above 29 and commonly known as 7800 Austin Avenue, Skokie, Illinois, in M3 Industry and R2 30 Single-Family districts, as depicted on the “Bridge Point Skokie Subdivision” plat, dated 31 August 11, 2020, be approved subject to the following conditions: 32 1. Upon the passage of the ordinance by the Board of Trustees, the Mylar of the 33 Bridge Point Skokie Subdivision must be submitted to the Village with all 34 signatures other than Village staff or elected officials; 35 2. Bridge Point Skokie Subdivision shall be effective upon its recording by the 36 Village in the Office of the Recorder of Deeds of Cook County, Illinois; 37 3. All monuments must be set no later than 1 year after the date of the recording 38 of the plat; and Page 2 of 5 VOSDOCS-#571687-v1-Ordinance__2020-14P__Plat_of_Subdivision_with_Dedication__7800_Austin 1 4. The petitioners must comply with all Federal and State statutes, laws, rules 2 and regulations and all Village codes, ordinances, rules, and regulations. 3 Section 3: That the “Bridge Point Skokie Subdivision” plat, dated August 11, 4 2020, attached hereto as “Exhibit 1”, except as it may be revised subject to the approval of 5 the Corporation Counsel and the Village Manager or designee, be and the same is hereby 6 accepted. The Plat shall be recorded with the Cook County Recorder of Deeds Office. 7 Section 4: That the dedication of an octagonal shaped portion of property for a 8 public right-of-way, as shown on the “Bridge Point Skokie Subdivision” plat, dated August 9 11, 2020, attached hereto as Exhibit “1”, except as it may be revised subject to the approval 10 of the Corporation Counsel and the Village Manager or designee, be and the same is 11 hereby accepted. 12 Section 5: That relief from Chapter 118, Section 118-94(a)(2) of the Skokie 13 Village Code in order to allow the width of a portion of the rights-of-way to be reduced from 14 the required 33 feet to as little as 25 feet from the platted centerline in those portions as 15 depicted on the “Bridge Point Skokie Subdivision” plat, dated August 11, 2020, is hereby 16 approved. 17 Section 6: That a notice of the approval of this Ordinance incorporating the 18 conditions contained herein shall be executed by the owner of the property in writing and 19 duly recorded with the Cook County Recorder of Deeds Office at the owner’s expense. 20 Section 7: That this Ordinance shall be in full force and effect from and after its 21 passage, approval and recordation as provided by law. 22 ADOPTED this day of November, 2020. 23 24 25 Ayes: Village Clerk 26 Nays: 27 Absent: Approved by me this 28 day of November, 2020. 29 Attested and filed in my office 30 this day of November, 2020. 31 32 33 34 Village Clerk Mayor, Village of Skokie 35 36 37 38 Page 3 of 5 VOSDOCS-#571687-v1-Ordinance__2020-14P__Plat_of_Subdivision_with_Dedication__7800_Austin  Exhibit 1 1 Page 4 of 5 VOSDOCS-#571687-v1-Ordinance__2020-14P__Plat_of_Subdivision_with_Dedication__7800_Austin  Page 5 of 5 VOSDOCS-#571687-v1-Ordinance__2020-14P__Plat_of_Subdivision_with_Dedication__7800_Austin  B MML: *11/2/2020 PC: 2020-15P THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 20-11-Z- AN ORDINANCE AMENDING THE ZONING MAP WITH REGARD TO THE PROPERTY LOCATED AT 7805 AUSTIN AVENUE SKOKIE, ILLINOIS FROM AN R2 SINGLE-FAMILY DISTRICT TO AN M2 LIGHT INDUSTRY DISTRICT 1 WHEREAS, the owner of the following described real property: 2 LOT 2 OF THE BRIDGE POINT SKOKIE SUBDIVISION BEING A SUBDIVISION OF THE THOSE 3 PARTS OF THE NORTHWEST AND NORTHEAST ¼ OF SECTION 29, TOWNSHIP 41 NORTH, 4 RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, ALL IN COOK COUNTY, ILLINOIS. 5 PIN: 10-29-208-023-0000 6 commonly known 7805 Austin Avenue, Skokie, Illinois (hereinafter “Subject Property”), 7 petitioned the Village of Skokie to reclassify the zoning of the Subject Property from an R2 8 Single-Family district to an M2 Light Industry district; and 9 WHEREAS, the request for rezoning the Subject Property is being done in 10 conjunction with Plan Commission case 2020-14P, a subdivision. While historically the 11 Subject Property has been utilized as a parking lot for the building at 7800 Austin Avenue, 12 the rezoning is needed because parking lots are not a principle use in R2 districts and the 13 aforementioned subdivision includes a dedication of part of Austin Avenue, which will 14 separate the site from its principle use; and 15 WHEREAS, the Community Development Department staff is supportive of the 16 zoning changes; and 17 WHEREAS, the Skokie Plan Commission, after a public hearing duly held on 18 October 1, 2020, at which no interested parties testified: (i) determined that proper notice 19 had been given; (ii) made the appropriate findings of fact in the affirmative as required 20 under Section 118-6(h) of the Skokie Village Code and (iii) voted to recommend to the 21 Mayor and Board of Trustees that the requested zoning reclassification be granted and the 22 Official Zoning Map of the Village of Skokie be amended to reflect this reclassification; and 23 WHEREAS, the Mayor and Board of Trustees, after a public meeting duly held on 24 October 19, 2020, concurred in the aforesaid recommendation of the Plan Commission; 25 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the 26 Village of Skokie, Cook County, Illinois: 27 Section 1: That the Subject Property legally described above and commonly 28 known as 7805 Austin Avenue, Skokie, Illinois, be and the same is hereby reclassified from 29 an R2 Single-Family district to an M2 Light Industry district. Page 1 of 2 VOSDOCS-#571689-v1-Ordinance__2020-15P__Zoning_Map_Amendment__7805_Austin_Ave___R2_to_M2 1 Section 2: That the Official Zoning Map of the Village of Skokie be and the same 2 is amended to reflect this reclassification. 3 Section 3: That a notice of approval of this Ordinance incorporating the 4 conditions contained herein shall be executed by the owner of the property in writing and 5 duly recorded with the Cook County Recorder of Deeds office at the owner’s expense. 6 Section 4: That this Ordinance shall be in full force and effect from and after its 7 passage approval and recordation as provided by law. 8 ADOPTED this day of November, 2020. Ayes: Village Clerk Nays: Absent: Approved by me this day of Attested and filed in my November, 2020. office this day of November, 2020. Mayor, Village of Skokie Village Clerk 9 Page 2 of 2 VOSDOCS-#571689-v1-Ordinance__2020-15P__Zoning_Map_Amendment__7805_Austin_Ave___R2_to_M2  MML: 10/19/2020 First Reading C *11/2/2020 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 20-11-C- AN ORDINANCE AMENDING CHAPTER 70, ARTICLE III, OF THE SKOKIE VILLAGE CODE PERTAINING TO THEFT 1 WHEREAS, Chapter 70, Article III, of the Skokie Village Code provides for offenses 2 against property; and 3 WHEREAS, with the successful rise in economic development and the positive benefits of 4 the growth of retail businesses in the Village of Skokie, there is a resulting increase in the 5 incidents of retail theft. Many of these incidents are of a minor nature with value amounts being 6 less than $300.00. Currently, the only redress for the Skokie Police Department is to do a formal 7 misdemeanor arrest which may take an officer up to 4 to 5 hours to process; and 8 WHEREAS, complicating factors concerning low level retail theft include the reluctance of 9 the State’s Attorney’s Office to charge or prosecute first time offenders and the asset protection 10 policies of some retail businesses which increase reliance on local authorities; and 11 WHEREAS, an amendment to the Skokie Village Code to allow for the issuance of a 12 citation for an ordinance violation instead of a formal arrest, should the circumstances allow, will 13 save valuable police hours and free police officers to be on duty; and 14 WHEREAS, with the addition of an ordinance violation for theft, Skokie police officers will 15 be able to issue a prepay citation with an escalating fine schedule payable to the Village of 16 Skokie. Respondents may also request a hearing before the Administrative Law Officer; and 17 WHEREAS, the Skokie Chief of Police and the Corporation Counsel recommended to the 18 Mayor and Board of Trustees that Chapter 70, Article III, of the Skokie Village Code be amended 19 accordingly; and 20 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on October 21 19, 2020, concurred in the aforesaid recommendation of the Chief of Police and Corporation 22 Counsel; and 23 NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Board of Trustees of the 24 Village of Skokie, Cook County, Illinois; 25 Section 1: That Chapter 70, Article III, of the Skokie Village Code be and the same is 26 hereby amended in the manner hereinafter indicated. The new material is highlighted in bold. 27 Chapter 70 – Offenses and Miscellaneous Provisions 28 … 29 Article III. – Offenses Directed Against Property Page 1 of 3 VOSDOCS-#564157-v1-Ordinance__Code_Amendment__Chapter_70__Retail_Theft 1 … 2 Sec. 70-67. - Theft. 3 A. It shall be unlawful for any person to commit theft by any of the following methods: 4 5 (1) Steal: The unauthorized taking of the property of another person or entity. 6 7 (2) Avoid payment: by deception or by other means to avoid payment for services 8 or intentionally obtain services which the person knows to be available only for 9 compensation. 10 11 (3) Divert services: have control over the disposition of services of others to 12 which the person is not entitled and such person knowingly diverts those services to his 13 or her own benefit or to the benefit of another not entitled thereto. 14 15 (4) Offense of Retail Theft. A person commits the offense of retail theft when the 16 value of the merchandise or item(s) of value in question is $300.00 or less, and he or she 17 knowingly: 18 19 (a) Takes possession of, carries away, transfers or causes to be carried 20 away or transferred, any merchandise displayed, held, stored or offered for sale in 21 a retail mercantile establishment with the intention of retaining such merchandise 22 or with the intention of depriving the merchant permanently of the possession, 23 use or benefit of such merchandise without paying the full retail value of such 24 merchandise; or 25 (b) Alters, transfers, or removes any label, price tag, marking, indicia of 26 value or any other markings which aid in determining value affixed to any 27 merchandise displayed, held, stored or offered for sale, in a retail mercantile 28 establishment and attempts to purchase such merchandise personally or in 29 consort with another at less than the full retail value with the intention of 30 depriving the merchant of the full retail value of such merchandise; or 31 (c) Transfers any merchandise displayed, held, stored or offered for sale, in 32 a retail mercantile establishment from the container in or on which such 33 merchandise is displayed to any other container with the intention of depriving 34 the merchant of the full retail value of such merchandise; or 35 (d) Under-rings with the intention of depriving the merchant of the full retail 36 value of the merchandise; or 37 (e) Removes a shopping cart from the premises of a retail merchandise 38 establishment without the consent of the merchant given at the time of such 39 removal with the intention of depriving the merchant permanently of the 40 possession, use or benefit of such cart; or 41 (f) Represents to a merchant that he or she or another is the lawful owner 42 of property, knowing that such representation is false, and conveys or attempts to 43 convey that property to a merchant who is the owner of the property in exchange 44 for money, merchandise credit or other property of the merchant; or 45 (g) Uses or possesses any theft detection shielding device or theft 46 detection device remover with the intention of using such device to deprive the Page 2 of 3 VOSDOCS-#564157-v1-Ordinance__Code_Amendment__Chapter_70__Retail_Theft 1 merchant permanently of the possession, use or benefit of any merchandise 2 displayed, held, stored or offered for sale in a retail mercantile establishment 3 without paying the full retail value of such merchandise; or 4 (h) If any person: 5 a. Conceals upon his or her person or among his or her belongings, 6 unpurchased merchandise displayed, held, stored or offered for sale in a 7 retail mercantile establishment; and 8 9 b. Removes that merchandise beyond the last known station for 10 receiving payment for that merchandise in that retail mercantile 11 establishment. Such person shall be presumed to have possessed, carried 12 away or transferred such merchandise with the intention of retaining it or 13 with the intention of depriving the merchant permanently of the 14 possession, use or benefit of such merchandise without paying the full 15 retail value of such merchandise. 16 17 B. Penalty. 18 1. Any person, on the initial accusation of violation of this section, may settle and 19 compromise the violation claim by paying the municipality the amount of $250.00 within 20 a period to be specified in the citation. 21 22 2. Any subsequent citations for violations of this section may be settled as 23 follows: 24 2nd violation - $500.00, and 3rd and subsequent violations - $750.00. 25 26 3. Any person who violates any provision of this Section 70-67 shall be subject to 27 the penalties set forth in Section 1-6. 28 29 Section 2: That this Ordinance shall be in full force and effect from and after its 30 passage, approval and publication in pamphlet form as provided by law. 31 ADOPTED this day of November, 2020. Ayes: Village Clerk Nays: Absent: Approved by me this day of Attested and filed in my office November, 2020. this day of November, 2020; and published in pamphlet form according to law from November , 2020 to November , 2020. Mayor, Village of Skokie Village Clerk 32 Page 3 of 3 VOSDOCS-#564157-v1-Ordinance__Code_Amendment__Chapter_70__Retail_Theft  D MML: 11/2/2020 1st Reading *11/16/2020 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 20-11-C- AN ORDINANCE AMENDING CHAPTER 1, SECTION 1-7 OF THE SKOKIE VILLAGE CODE PERTAINING TO STIPULATED SETTLEMENTS 1 WHEREAS, Chapter 1, Section 1-7 of the Skokie Village Code (hereinafter “Code”) 2 provides for stipulated settlements for specific prepay ordinance violations; and 3 WHEREAS, pursuant to Village Ordinance 20-11-C-_____, which amends the Code to 4 add the offense of Theft as Section 70-67, this ordinance will allow the Skokie Police to utilize 5 a citation for a code violation as opposed to a criminal arrest for some incidents of theft; and 6 WHEREAS, as code violations, these cases may be heard in the Village of Skokie’s 7 Administrative Hearing for code violations and as such may be offered as a prepay (otherwise 8 known as a stipulated settlement) offense, pursuant to the amounts set forth in the 9 aforementioned Village Ordinance ________; and 10 WHEREAS, for citations that do not require an appearance unless requested by the 11 respondent, it is necessary to amend the Code to reflect the stipulated settlement amounts for 12 theft violations; and 13 WHEREAS, the Corporation Counsel recommended to the Mayor and Board of 14 Trustees that Chapter 1, Section 1-7 of the Skokie Village Code be amended accordingly; 15 and 16 WHEREAS, the Mayor and Board of Trustees at a public meeting duly held on 17 November 2, 2020, concurred in the aforesaid recommendation of the Corporation Counsel; 18 and 19 NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Board of Trustees of the 20 Village of Skokie, Cook County, Illinois; 21 Section 1: That Chapter 1, Section 1-7 of the Skokie Village Code be and the 22 same is hereby amended in the manner hereinafter indicated. The new material is 23 highlighted in bold and the material to be deleted is highlighted and stricken through. 24 Chapter 1 – General Provisions 25 … 26 Sec. 1-7. - Stipulated settlements. 27 28 The Village Manager or designee is authorized to accept settlement amounts 29 specified in this section in settlement for violations of this Code or any Village Ordinance Page 1 of 3 VOSDOCS-#581068-v1-Ordinance__Code_Amendment__Chapter_1__Stipulated_Settlements__Theft_ 1 and to establish settlement dates for each such violation. For violations where a showing of 2 compliance is applicable, settlement as provided for in this section shall only be authorized 3 upon a showing of compliance. The Village Manager as authorized by the Mayor and Board 4 of Trustees may establish procedures for the issuance of notices of violations requiring 5 appearance at an administrative hearing or court. If an appearance is not required the 6 Village Manager or designee is authorized to issue a notice of violation specifying 7 settlement amounts as provided for in this section. 8 9 (A) Settlement amount if Settlement Settlement paid after initial due amount if paid amount if paid date, but prior to Violation Category after Summons prior to the Administrative Hearing and Complaint initial due date or Summons & has been issued Complaint Parking and Motor Vehicle Equipment Violations except for parking at an expired parking meter or violations related to parking places reserved for $ 35.00 $ 45.00 $100.00 persons with disabilities or violations related to parking in, by or near fire hydrants and designated fire lanes Expired parking meter violations 15.00 45.00 100.00 Violations related to designated 250.00 300.00 350.00 disabled spaces Violations relating to Fire 100.00 150.00 200.00 Hydrants and Fire Lane All other code and ordinance 50.00 60.00 violations 10 11 (B) Violation Category Settlement amount Settlement amount Settlement amount st nd 1 offense 2 offense 3rd or more offenses Theft, Sec. 70-67 $ 250.00 $ 500.00 $ 750.00 12 13 This section shall not be applicable to parking, standing, compliance, or automated traffic law 14 violation notices, that are subject to, and processed through, the administrative adjudication 15 system specified in Chapter 2, Article XII, of this Code. The provisions of Chapter 2, Article XII 16 shall govern the fines and penalties applicable to all violations processed through that system. Page 2 of 3 VOSDOCS-#581068-v1-Ordinance__Code_Amendment__Chapter_1__Stipulated_Settlements__Theft_ 1 Section 2: That this Ordinance shall be in full force and effect from and after its 2 passage, approval and publication in pamphlet form as provided by law. 3 ADOPTED this day of November, 2020. Ayes: Village Clerk Nays: Absent: Approved by me this day of Attested and filed in my office November, 2020. this day of November, 2020; and published in pamphlet form according to law from November , 2020 to November , 2020. Mayor, Village of Skokie Village Clerk 4 5 Page 3 of 3 VOSDOCS-#581068-v1-Ordinance__Code_Amendment__Chapter_1__Stipulated_Settlements__Theft_ PLAN COMMISSION REPORT 2020-13P: Special Use Permit Plan Commission Council Chambers, 8:00 PM, November 2, 2020 To: Mayor and Board of Trustees From: Paul Luke, Plan Commission Chairperson Case: 2020-13P: Special Use Permit 3938 Dempster Street PLAN COMMISSION ANALYSIS The case was heard at the October 1, 2020, Plan Commission meeting, and involves a request for a special use permit for outdoor dining at an existing limited-service restaurant in a B2 Commercial zoning district, and any relief that may be discovered during the review of this case. The petitioner is proposing a covered outdoor dining area with up to 24 seats. The Plan Commission is supportive of the proposal. The maximum seating capacity is shown on the site plan dated October 19, 2020, and may be reduced per circumstances and temporary regulations independent of this request. Access to the site and main entrance will be provided and these walkways cannot be obstructed at any time. The outdoor dining hours will not be earlier than 8 a.m. and no later than 10 p.m., and not outside business hours, from April 1 to October 31 of each year, and as otherwise allowed to facilitate safe outdoor dining, takeout, and curbside pickup. Since outdoor dining is seasonal, no additional motor vehicle parking is required. It is, however, an intensification of use; therefore, 1 bicycle parking space will be provided. Since 2011, limited service restaurants without drive-throughs have been permitted uses in the B2 zoning district; therefore, the 2 existing special use ordinances will be repealed. The petitioner confirmed that only 1 ground sign and 1 wall sign facing Dempster Street will be provided in compliance with the Signs Chapter of the Village Code. The Fire Prevention Bureau requests cut sheets for any combustible materials that will be used for supporting the structure or for aesthetics, and states that, if the restaurant is sprinklered, the exterior canopy must be sprinklered with a dry pipe system. Discussion per Commissioners’ inquiries specific to the special use permit request included confirming the roof deck and fascia will be an extension of the existing building, the Fire Prevention Bureau will be advised of any cold weather heating equipment, and trash control is included in the recommended conditions. Discussion regarding enclosing this outdoor area to comply with COVID regulations is a separate matter and not applicable to this request. After the meeting, it was determined the gross building square footage was not relevant to the case for the recommended conditions, and the text was removed. VOSDOCS-#572061-v1-Master_Plan_Commission_Report_for_2020-13P_-_SUP_for_Outdoor_Dining_-_3938_Dempster 1 A more detailed discussion of this case is in the attached staff report and in the video minutes https://www.skokie.org/451/Public-Meetings-Video-Minutes. INTERESTED PARTIES Legal notice was advertised, posted, and delivered to property owners in the area as prescribed by the Zoning Chapter. It was determined by Corporation Counsel that notice was proper and correct. There were no interested parties who spoke regarding this case. APPEARANCE COMMISSION At its September 9, 2020, meeting, the Appearance Commission approved the proposed development design (case 2020-035A), subject to a thicker soffit band to complement the building and larger more substantial columns to complement the fascia. The Appearance Commission also supports wall signs on all three sides of the new fascia. PLAN COMMISSION RECOMMENDATIONS AND VOTING The Plan Commission recommended, by a vote of 9 ayes, 0 nays, and 0 absent, that the petitioner’s request for outdoor dining associated with a limited service restaurant at 3938 Dempster Street B2 Commercial district be APPROVED, based upon the Plan Commission Positive Findings of Fact and subject to the recommended conditions below. The Plan Commission also recommended repealing ordinances 94-8-Z-2451 and 81-6-Z-1367. ATTENDANCE AYES NAYS ABSENT VACANT Mathee X J. Burman X Laxpati (second) X Franklin X Robinson X S. Berman (moved) X Quane X Mitchell X Luke X VOSDOCS-#572061-v1-Master_Plan_Commission_Report_for_2020-13P_-_SUP_for_Outdoor_Dining_-_3938_Dempster 2 ATTACHMENTS 1. Plan Commission Recommended Conditions, dated November 2, 2020 2. Plan Commission Positive Findings of Fact, dated November 2, 2020 3. Staff Report for 2020-13P, dated October 1, 2020 4. Plat of Survey, dated June 8, 1994 5. Site and Floor Plans, dated October 19, 2020 6. Elevations and Canopy Section, dated October 19, 2020 7. Land Use and Zoning Map VOSDOCS-#572061-v1-Master_Plan_Commission_Report_for_2020-13P_-_SUP_for_Outdoor_Dining_-_3938_Dempster 3 PLAN COMMISSION RECOMMENDED CONDITIONS 2020-13P: Special Use Permit Plan Commission Council Chambers, 8:00 PM, November 2, 2020 1. The petitioner shall develop the Subject Property in substantial conformance with the final Village approved site and landscape plan dated October 19, 2020, floor plan dated October 19, 2020, and building elevations dated October 19, 2020. (Standard) 2. Prior to the issuance of building permits, the petitioner shall submit for approval a lighting photometrics plan, fully developed civil engineering plans that comply with the county WMO requirements and Village’s stormwater control provisions, and redevelopment engineering plans to address all aspects of private and public utility services. Any reconfigurations within state ROW will require an IDOT highway/utility permit. (Standard) 3. New parking lot and exterior lighting shall meet Illuminating Engineering Society of North America (IES) standards, be full cut-off design, and be directed away from adjacent properties, subject to the approval of the Engineering Division. (Standard) 4. Any outdoor sound systems shall at all times maintain audio levels that are compliant with the Skokie Village Code. (Standard) 5. All existing damaged public sidewalks or public sidewalks damaged due to the implementation of this plan shall be replaced. (Standard) 6. No objects are allowed within a 10' sight distance triangle in R1, R2, R3, and R4 districts, or within a 15' sight distance triangle in all other districts, between 30" and 84" in height from grade except traffic control devices listed in the Manual on Uniform Traffic Control Devices. (Standard) 7. Prior to the issuance of building permits, the petitioner shall submit a temporary pedestrian, bicycle, and transit circulation plan, including routing, signage, and barriers, to be in place prior to the commencement of construction, subject to the approval of the Engineering Division. (Standard) 8. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage, landscaping, structures, and any other facilities or infrastructure on the Subject Property shall be maintained in a good state of repair, and when needed, be repaired or replaced in a timely manner. (Standard) 9. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects that may impede travel. (Standard) 10. Trash shall only be allowed within a designated trash enclosure and shall be screened from public view in an enclosure approved by the Appearance Commission or Community Development Director. All trash shall be contained in such a way as to remain out of sight at all times, except for waste receptacles referenced in Condition Number 11 below. (Standard) 11. Waste receptacles shall be placed on the Subject Property for the use of customers, and that the Health Department shall determine the size, type, and location of these VOSDOCS-#572061-v1-Master_Plan_Commission_Report_for_2020-13P_-_SUP_for_Outdoor_Dining_-_3938_Dempster 4  units. (Standard) 12. All off-street parking spaces shall be legibly striped and maintained. (Standard) 13. Any plan to modify parking lot striping must be approved by the Director of Engineering. (Standard) 14. The proposed development shall have a minimum of 20 off-street vehicle parking spaces including 1 handicapped parking space, as indicated on the Subject Property plan dated <insert date of final approved plan>. (Standard) 15. The handicapped parking spaces shall be installed and maintained in compliance with State of Illinois Accessibility Standards and the Skokie Village Code, including required signage. (Standard) 16. 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. (Standard) 17. The owner of the Subject Property [and its tenant] shall ensure that employees park on the Subject Property. (Standard) 18. No required parking space on the site may be for the exclusive use of any tenant. (Standard) 19. The petitioner shall sign an "Agreement for Installation and Maintenance of Landscaping" to assure that the Subject Property and parkway landscaping is completed and maintained, including trimming, watering, and replacing of dead plant materials in a timely manner in accordance with the final approved landscape plan. A copy of said Agreement is attached hereto, marked Exhibit “A” and hereby made part of this Ordinance. This “Agreement for Installation and Maintenance of Landscaping" shall be recorded at the petitioner’s expense. (Standard) 20. All new construction, alterations, and remodeling shall meet current International Building and NFPA Life Safety Codes as amended. (Standard) 21. The petitioner shall obtain all required permits and approvals for improvements to County, State, or Federal rights-of-way from the governing jurisdiction. (Standard) 22. The Subject Property must conform to the Village's storm water control requirements as contained in the Skokie Village Code, including the disconnection of any downspouts. (Standard) 23. All signage shall conform to the Skokie Village Code. Any sign on the Subject Property that is in violation of that Code must be removed or modified to conform with the Village Code prior to the issuance of an occupancy permit. (Standard) 24. All modifications to building elevations, signage, and landscaping shall be subject to the review and approval of the Skokie Appearance Commission. (Standard) 25. The petitioner shall submit to the Planning Division electronic files of the site plan and landscape plan in their approved and finalized form. (Standard) 26. Prior to the issuance of building permits, the petitioner shall submit to the Planning Division of the Community Development Department the name, property address, VOSDOCS-#572061-v1-Master_Plan_Commission_Report_for_2020-13P_-_SUP_for_Outdoor_Dining_-_3938_Dempster 5  email address, and telephone number of the company and contact person responsible for site maintenance in compliance with this special use permit. (Standard) 27. If work is to be performed on public property or if public property is utilized or impacted during construction and/or development, the owner shall provide, or shall cause the developer and/or contractor to provide, the Village of Skokie with a certificate of insurance naming the Village of Skokie as additionally insured for any and all claims related to any and all work. The owner shall hold, and shall cause the developer and/or contractor to hold, the Village of Skokie harmless and indemnify the Village for any and all claims for property damage or personal injury related to work on or use of public property. (Standard) 28. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. (Standard) 29. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to initiate hearings to determine whether the subject Ordinance, as well as any applicable business licenses, should be revised or revoked. The petitioner shall pay all costs related to any hearings conducted as a result of non-compliance with any of the provisions of the enabling ordinance. The costs shall include but not be limited to court reporter fees, attorney fees, and staff time required researching and conducting said hearing. (Standard) 30. A screened garbage corral with an impermeable surface shall be provided to contain all dumpsters. 31. No tables or eating counters shall be allowed at food establishments. The addition of tables or eating counters shall constitute the addition of a food service use at that location, and all additional regulations for that food service use shall apply. 32. At least once during every 4 hours of operation and before opening and closing of the business, employees shall patrol the Subject Property and clear it of debris. 33. The owner of every occupied commercial premises used for the sale of packaged or prepared food shall supply at least one approved covered container for litter at the main entrance to the premises for use by customers. The owner of the premises shall be responsible for the removal of litter every four hours. 34. Barriers, fencing, landscaping, and other features shall be utilized to define the outdoor dining area. 35. Hours of operation for the outdoor dining shall be limited to between 8:00 AM and 10:00 PM, but not longer than the posted operational hours of the associated food service facility, if the facility opens later and/or closes earlier than these hours. 36. Dates of operation shall be limited to between April 1 and October 31 in a calendar year. 37. The outdoor dining area shall be exempt from the parking regulations if used or set up less than 7 months in a calendar year. 38. All food preparation must take place inside the associated food service establishment. VOSDOCS-#572061-v1-Master_Plan_Commission_Report_for_2020-13P_-_SUP_for_Outdoor_Dining_-_3938_Dempster 6 39. Adequate refuse disposal shall exist as determined by the Health Department. 40. Advertising or promotional features shall be limited to umbrellas or canopies. 41. All applicable village and state health requirements shall be met. 42. Dining areas will be reviewed each year during the annual restaurant inspection. The outdoor dining permit may be revoked by the Village Manager at any time on 14 days' notice for failure to comply with the regulations set forth in this subsection. 43. The outdoor dining area shall not be enclosed on more than two sides with walls if roofed over. 44. The outdoor dining area must be located on a surface approved by the Village Manager or designee. 45. The outdoor dining area shall not be located in a required parking space or block a public sidewalk. 46. The outdoor dining shall be on the same lot or within a development that received site plan approval as its associated food service establishment. 47. An outdoor dining area shall not be located within a 15-foot sight distance triangle or within 3’ from any public alley. VOSDOCS-#572061-v1-Master_Plan_Commission_Report_for_2020-13P_-_SUP_for_Outdoor_Dining_-_3938_Dempster 7 PLAN COMMISSION POSITIVE FINDINGS OF FACT 2020-13P: Special Use Permit Plan Commission Council Chambers, 8:00 PM, November 2, 2020 Consideration Finding The request is consistent with the The proposed use is consistent with the intent of the Comprehensive Plan. retail/service employment land use designation in the Comprehensive Plan. The request will not adversely affect The request is not expected to adversely affect adjacent properties. adjacent properties. The request is compatible with the The request is compatible with the existing or existing or allowable uses of allowable uses of adjacent properties. adjacent properties. The request demonstrates that Adequate public facilities, including roads, adequate public facilities, including drainage, utilities, and police and fire protection roads, drainage, utilities, and police exist or will exist to serve the requested use at and fire protection exist or will exist the time such facilities are needed. to serve the requested use at the time such facilities are needed. The request demonstrates adequate The request demonstrates adequate provision for provision for maintenance and use maintenance and use of the associated of the associated structures. structures. The request has considered and, to The request has considered and is expected to the degree possible, addressed the address any adverse effects on the natural adverse effects on the natural environment. environment. The request will not create undue The request will not create undue traffic traffic congestion. congestion. The request will not adversely affect The request will not adversely affect public public health, safety, and welfare. health, safety, and welfare. The request conforms to all The request conforms to all applicable provisions applicable provisions of this code, of this code, except where relief is granted with except where relief is granted with the request. the request. VOSDOCS-#572061-v1-Master_Plan_Commission_Report_for_2020-13P_-_SUP_for_Outdoor_Dining_-_3938_Dempster 8 STAFF REPORT 2020-13P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, October 1, 2020 To: Paul Luke, Plan Commission Chairperson From: Carrie Haberstich, AICP, Planner/CDBG Administrator Re: 2020-13P: Special Use Permit 3938 Dempster Street General Information Location 3938 Dempster Street Purpose To request a special use permit for outdoor dining at an existing limited-service restaurant in a B2 Commercial zoning district and any relief that may be discovered during the review of this case. PINs: 10-14-309-061-0000 Petitioner Chris P. and Harry P. Eikosidekas Size of Site 12,269 square feet (0.282 acres) with frontage on Dempster Street Existing Zoning & B2 Commercial – limited service restaurant without drive-through Land Use Adjacent Zoning & North R1 Single-Family – detached residences Land Use South B2 Commercial – pharmacy or drug store East B2 Commercial – grocery store, supermarket, or bakery West B2 Commercial – bank Comprehensive Plan The site is designated as retail/service employment. SITE INFORMATION  A public sidewalk is available in the Dempster Street right-of-way.  A driveway provides access to the subject site from Dempster Street and an alley provides limited business access to the northwest corner of the site.  Overhead utilities are located along the north side of the subject site.  The site is directly served by the Pace 250 Dempster Street bus, and is indirectly served by the Pace 215 Crawford-Howard bus just over 100’ to the west. VOSDOCS-#571077-v1-Staff_Report_-_2020-13P_-_Special_Use_Permit_-_3938_Dempster_-_Outdoor_Dining 1 of 9  Complete Streets  Direct pedestrian access from Dempster Street to the front door should be provided.  Nearby formal bicycle accommodations include active bike routes on Greenwood Street (⅛-mile to the north) and Keeler Avenue (¼-mile to the west), bike lanes on Main Street (½-mile to the south), and future bike lanes on Church Street (½-mile to the north).  Construction for the Pace Pulse Dempster Line, a bus rapid transit service between Evanston and O’Hare International Airport with stops roughly every ½- mile, is expected to begin in 2021.  Subject property is within walking distance of residential neighborhoods, services, shopping, and schools.  Emergency and business delivery access is available from Dempster Street and the alley connection to the northwest corner of the subject site. PETITIONER’S SUBMITTAL The proposed improvements to our building will have several positive effects on our community. First and foremost, we believe the outdoor patio is of utmost importance in regards to public health. During the current covid-19 pandemic, an emphasis has been placed on outdoor dining in order to slow the spread of the virus. Our current makeshift patio has helped greatly, but we feel a professionally built patio will provide customers with a much more enjoyable dining experience. In addition to the public health benefits, we feel the outdoor patio will add to the beautification of Dempster Street. New and modern building improvements are always a good way to create curb appeal in any neighborhood. The ultimate goal is to create additional business which will be a positive for Grecian Kitchen, but a positive for the entire neighborhood. We appreciate your time and consideration. STAFF ANALYSIS Staff Comment and Review requests were sent to all pertinent departments and were received from Building, Engineering, Environmental Health, the Fire Prevention Bureau, and Planning. All other departments returned the requests with no comments regarding the subject case. Building V.O.S. section 2-784. All projects with proposed changes to exterior elevations must be reviewed and approved by the Skokie appearance commission. Architect to make the changes from the meeting on September 9, 2020. VOSDOCS-#571077-v1-Staff_Report_-_2020-13P_-_Special_Use_Permit_-_3938_Dempster_-_Outdoor_Dining 2 of 9  Engineering Additional runoff created by canopy shall be dealt with appropriately during the permit phase. Environmental Health Provide at least one garbage/refuse container in the outdoor dining area for all garbage/litter and refuse. The container must be emptied as often as necessary and shall be emptied before closing. Fire Prevention Bureau (FPB) 1. Skokie FPB requires cut sheets on any combustible materials that will be used for supporting the structure or for aesthetics. 2. If the restaurant portion is sprinklered, the proposed exterior canopy must be sprinklered with a dry pipe system. 3. FPB needs to be advised if any cold weather heating equipment will be integrated into the canopy or will be free-standing. These factors affect the type of material being utilized in the construction of the canopy. Planning Grecian Kitchen is proposing a covered outdoor dining area on the south side of the building with seating that would supplement the existing limited service restaurant. Outdoor dining requires a special use permit due in the B2 Commercial district due to the potential impact upon the immediate neighborhood and the Village as a whole. It requires a greater degree of scrutiny and review of site characteristics, operation of the use, and impacts to determine its suitability in a given location. The Planning Division recommends approval of the special use permit for the outdoor dining at 3938 Dempster Street. This recommendation is subject to the conditions listed later in this report. Since outdoor dining is seasonal, no additional parking is required. No tables or chairs are allowed to obstruct access to the main entrance. In addition, a dedicated 5’-wide clear walkway must be provided from Dempster Street to the front door; therefore, it is recommended that this pathway be located west of the canopy addition and along the storefront to maximize outdoor dining capacity. Adding outdoor dining is an intensification in use; therefore, one bicycle parking space must be provided. Allowable outdoor dining hours are from 8 a.m. to 10 p.m., but not beyond the posted hours of operation for the restaurant. Outdoor dining is limited to between VOSDOCS-#571077-v1-Staff_Report_-_2020-13P_-_Special_Use_Permit_-_3938_Dempster_-_Outdoor_Dining 3 of 9  April 1 and October 31 each year, and as otherwise allowed to facilitate safe outdoor dining, takeout, and curbside pickup. The petitioner is looking to relocate the existing ground sign to the east of the site, which may be allowed pending compliance with the Village Code. The signs on the new outdoor dining canopy can be allowed; however, relief from §82-27(c)(1)b. of the Sign Code is necessary for the west wall sign, as it doesn’t face a public street or a parking lot. There are two existing special use ordinances for a restaurant for the subject site, 94-8-Z-2451 and 81-6-Z-1367. In March 2011, limited service restaurants without drive-throughs became permitted uses in the B2 Commercial district; therefore, these ordinances can be repealed. Applicable conditions are in the recommended conditions below. APPEARANCE COMMISSION At its September 9, 2020, meeting, the Appearance Commission approved the proposed development design (case 2020-035A), subject to a thicker soffit band to complement the building and larger more substantial columns to complement the fascia. The Appearance Commission also supports wall signs on all three sides of the new fascia. STAFF RECOMMENDATIONS Staff recommends that the petitioner’s request for outdoor dining associated with a limited service restaurant at 3938 Dempster Street B2 Commercial district be APPROVED, based upon the Proposed Positive Findings of Fact and subject to the recommended conditions below. Staff further recommends relief from §82-27(c)(1)b. to allow a wall sign facing west. Staff also recommends repealing ordinances 94-8-Z-2451 and 81-6-Z-1367 while ensuring the subject site complies with the Village Code, including plumbing (including grease protection for sanitary service and backflow protection for water service), accessibility, trash enclosure, stormwater infrastructure, parking lot, fence, and fire safety regulations. RECOMMENDED SPECIAL USE PERMIT CONDITIONS 1. Prior to a hearing of the subject case before the Board of Trustees, the petitioner shall submit a revised site plan that reflects and/or includes the following: a. Standard outdoor dining table layout. b. Ground sign located outside 15’ x 15’ sight distance triangle. c. Landscape plan with plant list. d. Minimum 1 bicycle parking space. VOSDOCS-#571077-v1-Staff_Report_-_2020-13P_-_Special_Use_Permit_-_3938_Dempster_-_Outdoor_Dining 4 of 9 2. If the petitioner requests relief from the Signs Chapter of the Village Code, the petitioner shall submit a $400 fee to be paid prior to a hearing of the subject case before the Board of Trustees. Site and Use 3. The petitioner shall develop the Subject Property in substantial conformance with the final Village approved site plans dated <insert date of final approved plan>, landscape plans dated <insert date of final approved plan>, sign plans dated <insert date of final approved plan>, and building elevations dated <insert date of final approved plan>. (Standard) 4. Prior to the issuance of building permits, the petitioner shall submit for approval a lighting photometrics plan, fully developed civil engineering plans that comply with the county WMO requirements and Village’s stormwater control provisions, and redevelopment engineering plans to address all aspects of private and public utility services. Any reconfigurations within state ROW will require an IDOT highway/utility permit. (Standard) 5. The proposed development shall have a maximum gross floor area of 1,594 ft2. (Standard) 6. New parking lot and exterior lighting shall meet Illuminating Engineering Society of North America (IES) standards, be full cut-off design, and be directed away from adjacent properties, subject to the approval of the Engineering Division. (Standard) 7. Any outdoor sound systems shall at all times maintain audio levels that are compliant with the Skokie Village Code. (Standard) 8. All existing damaged public sidewalks or public sidewalks damaged due to the implementation of this plan shall be replaced. (Standard) 9. No objects are allowed within a 10' sight distance triangle in R1, R2, R3, and R4 districts, or within a 15' sight distance triangle in all other districts, between 30" and 84" in height from grade except traffic control devices listed in the Manual on Uniform Traffic Control Devices. (Standard) 10. Prior to the issuance of building permits, the petitioner shall submit a temporary pedestrian, bicycle, and transit circulation plan, including routing, signage, and barriers, to be in place prior to the commencement of construction, subject to the approval of the Engineering Division. (Standard) Maintenance 11. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage, landscaping, structures, and any other facilities or infrastructure on the Subject Property shall be maintained in a good state of repair, and when needed, be repaired or replaced in a timely manner. (Standard) 12. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects that may impede travel. (Standard) 13. Trash shall only be allowed within a designated trash enclosure and shall be VOSDOCS-#571077-v1-Staff_Report_-_2020-13P_-_Special_Use_Permit_-_3938_Dempster_-_Outdoor_Dining 5 of 9  screened from public view in an enclosure approved by the Appearance Commission or Community Development Director. All trash shall be contained in such a way as to remain out of sight at all times, except for waste receptacles referenced in Condition Number 14 below. (Standard) 14. Waste receptacles shall be placed on the Subject Property for the use of customers, and that the Health Department shall determine the size, type, and location of these units. (Standard) Parking 15. All off-street parking spaces shall be legibly striped and maintained. (Standard) 16. Any plan to modify parking lot striping must be approved by the Director of Engineering. (Standard) 17. The proposed development shall have a minimum of 20 off-street vehicle parking spaces including 1 handicapped parking space, as indicated on the Subject Property plan dated <insert date of final approved plan>. (Standard) 18. The handicapped parking spaces shall be installed and maintained in compliance with State of Illinois Accessibility Standards and the Skokie Village Code, including required signage. (Standard) 19. 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. (Standard) 20. The owner of the Subject Property [and its tenant] shall ensure that employees park on the Subject Property. (Standard) 21. No required parking space on the site may be for the exclusive use of any tenant. (Standard) Landscaping 22. The petitioner shall sign an "Agreement for Installation and Maintenance of Landscaping" to assure that the Subject Property and parkway landscaping is completed and maintained, including trimming, watering, and replacing of dead plant materials in a timely manner in accordance with the final approved landscape plan. A copy of said Agreement is attached hereto, marked Exhibit “A” and hereby made part of this Ordinance. This “Agreement for Installation and Maintenance of Landscaping" shall be recorded at the petitioner’s expense. (Standard) Governance 23. All new construction, alterations, and remodeling shall meet current International Building and NFPA Life Safety Codes as amended. (Standard) 24. The petitioner shall obtain all required permits and approvals for improvements to County, State, or Federal rights-of-way from the governing jurisdiction. (Standard) 25. The Subject Property must conform to the Village's storm water control requirements as contained in the Skokie Village Code, including the disconnection of any downspouts. (Standard) VOSDOCS-#571077-v1-Staff_Report_-_2020-13P_-_Special_Use_Permit_-_3938_Dempster_-_Outdoor_Dining 6 of 9 26. All signage shall conform to the Skokie Village Code, except as provided in this ordinance. Any sign on the Subject Property that is in violation of that Code must be removed or modified to conform with the Village Code prior to the issuance of an occupancy permit. (Standard) 27. All modifications to building elevations, signage, and landscaping shall be subject to the review and approval of the Skokie Appearance Commission. (Standard) 28. The petitioner shall submit to the Planning Division electronic files of the site plan and landscape plan in their approved and finalized form. (Standard) 29. Prior to the issuance of building permits, the petitioner shall submit to the Planning Division of the Community Development Department the name, property address, email address, and telephone number of the company and contact person responsible for site maintenance in compliance with this special use permit. (Standard) 30. If work is to be performed on public property or if public property is utilized or impacted during construction and/or development, the owner shall provide, or shall cause the developer and/or contractor to provide, the Village of Skokie with a certificate of insurance naming the Village of Skokie as additionally insured for any and all claims related to any and all work. The owner shall hold, and shall cause the developer and/or contractor to hold, the Village of Skokie harmless and indemnify the Village for any and all claims for property damage or personal injury related to work on or use of public property. (Standard) 31. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. (Standard) 32. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to initiate hearings to determine whether the subject Ordinance, as well as any applicable business licenses, should be revised or revoked. The petitioner shall pay all costs related to any hearings conducted as a result of non-compliance with any of the provisions of the enabling ordinance. The costs shall include but not be limited to court reporter fees, attorney fees, and staff time required researching and conducting said hearing. (Standard) Food establishments and Food Services §118-93 33. A screened garbage corral with an impermeable surface shall be provided to contain all dumpsters. 34. No tables or eating counters shall be allowed at food establishments. The addition of tables or eating counters shall constitute the addition of a food service use at that location, and all additional regulations for that food service use shall apply. 35. At least once during every 4 hours of operation and before opening and closing of the business, employees shall patrol the Subject Property and clear it of debris. Disposal of Litter 22-183(13) 36. The owner of every occupied commercial premises used for the sale of packaged or prepared food shall supply at least one approved covered container for litter at the main entrance to the premises for use by customers. The owner of the premises shall be responsible for the removal of litter every four hours. VOSDOCS-#571077-v1-Staff_Report_-_2020-13P_-_Special_Use_Permit_-_3938_Dempster_-_Outdoor_Dining 7 of 9 Outdoor Dining §118-93(e) 37. Barriers, fencing, landscaping, and other features shall be utilized to define the outdoor dining area. 38. Hours of operation for the outdoor dining shall be limited to between 8:00 AM and 10:00 PM, but not longer than the posted operational hours of the associated food service facility, if the facility opens later and/or closes earlier than these hours. 39. Dates of operation shall be limited to between April 1 and October 31 in a calendar year. 40. The outdoor dining area shall be exempt from the parking regulations if used or set up less than 7 months in a calendar year. 41. All food preparation must take place inside the associated food service establishment. 42. Adequate refuse disposal shall exist as determined by the Health Department. 43. Advertising or promotional features shall be limited to umbrellas or canopies. 44. All applicable village and state health requirements shall be met. 45. Dining areas will be reviewed each year during the annual restaurant inspection. The outdoor dining permit may be revoked by the Village Manager at any time on 14 days' notice for failure to comply with the regulations set forth in this subsection. 46. The outdoor dining area shall not be enclosed on more than two sides with walls if roofed over. 47. The outdoor dining area must be located on a surface approved by the Village Manager or designee. 48. The outdoor dining area shall not be located in a required parking space or block a public sidewalk. Additional Requirements for Outdoor Dining on Private Property §118-93(e)(2) 49. The outdoor dining shall be on the same lot or within a development that received site plan approval as its associated food service establishment. 50. An outdoor dining area shall not be located within a 15-foot sight distance triangle or within 3’ from any public alley. ATTACHMENTS 1. Proposed Positive Findings of Fact 2. Plat of Survey, dated June 8, 1994 3. Site and Floor Plans, dated September 21, 2020 4. Elevations and Canopy Section, dated September 21, 2020 5. Land Use and Zoning Map VOSDOCS-#571077-v1-Staff_Report_-_2020-13P_-_Special_Use_Permit_-_3938_Dempster_-_Outdoor_Dining 8 of 9