WEDNESDAY, APRIL 3, 2013 – 8:00 P.M. - E-Gov Link – e · PDF file ·...

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WEDNESDAY, APRIL 3, 2013 – 8:00 P.M.

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

2. Call meeting to order and roll call. 3. Approve Consent Agenda. * 4. Approve, as submitted, minutes of regular meeting held Monday, March 18, 2013. * 5. Approve Voucher List #22-FY13 of April 3, 2013. * 6. Proclamations and Resolutions. A. Proclamations: Bataan Day: April 9, 2013

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

* 8. Appointments, Reappointments and Resignations. A. Appointment: Commission on Family Services (Three-Year Term): Paula Gremley B. Reappointments:

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

9. Presentations and Reports. 10. Report of the Village Manager. A. Award of Recycling Collection Contract to Groot Industries. 11. Report of the Corporation Counsel. CONSENT: * A. An ordinance vacating easements at the property located at 3536-3654 Touhy

Avenue, Skokie, Illinois in a B2 Commercial district. This item is on the consent agenda for second reading and adoption.

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

FIRST READING: C. A resolution authorizing the Village Manager and Assistant Village Manager to be

authorized as additional signatories on Hurricane “IKE” grant-related documents, including but not limited to environmental compliance worksheets and contractor payments. This item is on the agenda for first reading and adoption.

12. Unfinished Business.

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13. New Business.

14. Plan Commission. A. Plan Commission Case 2012-58P – Special Use Permit: 3434 Dempster Street B. Plan Commission Case 2013-2P – Special Use Permit: 9426 Skokie Boulevard 15. Citizen Comments.

16. Adjournment.

VOSDOCS-#397531-v1-Proc__Bataan_day

WHEREAS, on April 9, 1942, 76,000 officers of the United States Armed Forces of the Far East (USAFFE) and the Philippine Commonwealth Army fought side by side as comrades-in-arms, making a heroic last stand in Bataan and Corregidor, Philippines to hold off the invading Japanese Imperial Army for three months; and WHEREAS, only at the point of physical and emotional exhaustion, did these courageous men and women, vastly outnumbered and severely depleted food, military, and medical supplies, surrender to the invaders; and WHEREAS, on April 10, 1942, the defeated troops of Bataan were forced to walk the infamous “Death March”, a torturous fifty miles that began in Mariveles and Cabanatuan to Camp O’Donnell in Tarlac, which only 56,000 soldiers were able to complete alive; and WHEREAS, according to the records of the Allied War Crimes Commission, over 24,000 American and Filipino troops perished as Prisoners of War from atrocities committed by the Japanese Imperial Army troops at Camp O’Donnell; and WHEREAS, the embattled American and Filipino troops displayed extraordinary gallantry above and beyond the call of duty, in their defense of Bataan and Corregidor; and WHEREAS, the Village of Skokie, the Human Relations Advisory Council on Veterans’ Affairs and the Council on Asian Affairs, join with veteran groups and the Filipino-American Community, in commemorating the 71s Anniversary of the Fall of Bataan, and acknowledging the heroism of the Death March survivors and their fallen comrades. NOW, THEREFORE, I, GEORGE VAN DUSEN, Mayor of the Village of Skokie, do hereby proclaim April 9, 2013 as

“BATAAN DAY”

in the Village of Skokie, and do urge every resident to recognize the sacrifices and heroism made by the American and Filipino veterans during the Second World War. Dated this 3rd day of April 2013 ____________________________________ George Van Dusen Mayor ____________________________________ Marlene Williams, Village Clerk

MML: 4/3/13 Manager’s Report

Page 1 of 2 VOSDOCS-#426104-v1-Resolution__Approving_&_Authorizing_Groot_Recycling_Contract__2013

THIS RESOLUTION MAY BE CITED ASVILLAGE RESOLUTION

13-4-R-

A RESOLUTION APPROVING AND AUTHORIZING A SOLID WASTE AGREEMENT WITH GROOT INDUSTRIES, INC.

FOR SINGLE-FAMILY RECYCLING COLLECTION

WHEREAS, the Village of Skokie’s (hereinafter the “Village”) five year contract with Groot 1

Industries, Inc. (hereinafter “Groot”) for the weekly collection and transportation of recyclables 2

from single-family households will expire on May 31, 2013; and 3

WHEREAS, in order to take advantage of a competitive recycling collection marketplace, 4

the Village released a Request for Proposals, which resulted in proposals from three entities; and 5

WHEREAS, after a review of all proposals by the Public Works Director, the Purchasing 6

Agent, and the Assistant to the Public Works Director, it was determined that Groot submitted the 7

most cost advantageous proposal. Additionally, Groot has been the Village’s recycling contractor 8

for more than 20 years, and has consistently provided a high level of service to the Village; and 9

WHEREAS, pricing for recycling collection is based upon a per household/per month price, 10

over a given number of units, and these charges would be paid directly by the Village to Groot. The 11

Village will also receive a monthly rebate based upon the commodity value of the recycled goods; 12

and 13

WHEREAS, Groot proposed to provide the service for an annual cost of $888,408, which is 14

then reduced by the rebate amount. The five year average tonnage of materials recycled is 5,655 15

tons with a minimum rebate amount of $10 per ton. This equates to a rebate of $56,550 and a net 16

cost to the Village of $831,858; and 17

WHEREAS, the Village will be able to reduce its costs further should either the quantity of 18

the material recycled increase, or the value of the commodities increase; and 19

WHEREAS, the contract is for a three (3) year period with two (2) one year renewals. The 20

cost escalation is based upon the annual CPI increase, with a 1% minimum and 3% maximum 21

increase; and 22

WHEREAS, the Village Manager recommended to the Mayor and Board of Trustees that the 23

Solid Waste Agreement with Groot Industries for single-family recycling collection, be approved 24

substantially in the form attached hereto and marked as Exhibit “1”, subject to changes approved by 25

the Village Manager or designee and the Corporation Counsel of the Village of Skokie; 26

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village 27

of Skokie, Cook County, Illinois that the Solid Waste Agreement with Groot Industries for single-28

family recycling collection, a copy of which is attached hereto and marked Exhibit “1”, or subject to 29

changes approved by the Corporation Counsel and Village Manager or designee, be and the same 30

is hereby approved. 31

Page 2 of 2 VOSDOCS-#426104-v1-Resolution__Approving_&_Authorizing_Groot_Recycling_Contract__2013

BE IT FURTHER RESOLVED by the Mayor and Board of Trustees of the Village of Skokie, 1

Cook County, Illinois that the Village Manager, or designee, is hereby authorized to execute the 2

Solid Waste Agreement with Groot Industries, for single-family recycling collection, a copy of which 3

is attached hereto and marked Exhibit “1”, subject to changes approved by the Corporation Counsel 4

and Village Manager or designee. 5

6

PASSED this day of April, 2013. 7

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Ayes: 9

Nays: Village Clerk 10

Absent: 11

Approved by me this day of 12

Attest: April, 2013. 13

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Village Clerk Mayor, Village of Skokie 17

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1 426109v1 Groot Recycling Agreement 2013

SOLID WASTE AGREEMENT

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

RECITAL

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

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

ARTICLE I DEFINITIONS

Section 1.1. Definitions.

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

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

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

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

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

“Residential Unit” means Single Family Residence. “Revenues” means the high point per ton price of the Official Board Markets

(“OBM”) or its successor publication, yellow Sheet Price for #8 Newspaper in the first week of each month, multiplied by the weight in tons of Recyclable Materials collected by the Contractor for the previous month, less the Recyclable Materials Processing Fee.

“State” means the State of Illinois.


“Solid Waste Agreement” means this Agreement, dated June 1, 2013, by and

between the Village and the Contractor, as amended from time to time. “SWANCC” means Solid Waste Agency of Northern Cook County.

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

ARTICLE II SCOPE OF SERVICES

Section 2.1. Services. The Contractor shall provide, on behalf of the Village,

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

Section 2.2. Modification of Required Services. The Village reserves the right

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

Section 2.3 Change in Law Provision. The parties agree to negotiate a price

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

ARTICLE III TERM OF SOLID WASTE AGREEMENT

Section 3.1. Term of Agreement. The initial term of this Solid Waste

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


ARTICLE IV RECYCLABLE MATERIALS

Section 4.1. Recyclable Materials Collection Service: Single Family

(a) Recyclable Materials as defined in Article I shall be

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

(b) The Village, with written consent from the Contractor, shall

have the right to add materials to the list of Recyclable Materials stated in Article I.

(c) The Contractor shall retain ownership of the Recyclable

Materials and the Village shall receive 50% of the Revenues collected from the sale of the Recyclable Materials.

(d) The Contractor shall provide a monthly accounting

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

(e) If changes in the market for any particular Recyclable

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

(f) There shall be no limit to the number of recycling

containers a resident may place at curbside for collection by the Contractor.

(g) The Contractor shall be required to implement an

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

(h) The Contractor shall provide weekly Recyclable Materials

collection at all Village-owned or affiliated facilities at no charge. The Village currently requires service at the following locations:


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

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

(i) The Contractor will provide a supervisor for the purposes

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

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

(k) The Contractor shall ensure that all recycling stops are

collected in the proper manner and that all acceptable material is collected, that dropped materials are picked up and collected, and that containers are placed back to their appropriate locations with lids closed.

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

ARTICLE V SCHEDULE AND LOCATION OF COLLECTIONS

Section 5.1 Schedule. The Contractor shall make collections once a week per

Single Family household, and only between 7:00 A.M. and 7:00 P.M., Monday through Friday. Saturday collections shall only occur with permission from the Village.

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

Section 5.3. Holidays. The following shall be holidays for purposes of this

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


ARTICLE VI DISPOSAL

Section 6.1 Recyclable Materials. The Contractor shall transport for

processing all recyclable materials collected pursuant to this Solid Waste Agreement to a licensed facility. Such materials shall not be co-mingled with any other waste from any other entity besides the Village.

ARTICLE VII COMPENSATION

Section 7.1 Compensation. For providing for, on behalf of the Village; the weekly

collection, transportation and disposal of recyclable materials; the Contractor shall receive as compensation $4.57 per unit, monthly.

Section 7.2. Annual Program Cost Escalation.

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

(ii) The Contractor will utilize the Consumer Price Index - for

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

(iii) It is agreed that annual escalation rates cannot exceed a

maximum of 3% or be less than a minimum of 1%.

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


(a) Verified failure to collect is defined as not the result of fire, flood, act of God, public enemy or by any other circumstances which are beyond the control of the Contractor, excluding labor strike/work stoppage; not the result of verbal or non-verbal notification from the Village or resident, or plant shutdown or equipment failures, when Contractor services such notification in accordance with the Agreement. Notification of failure to collect from the Village shall be defined as: (i) Non-verbal, written material from the Village, to the Contractor by way of e-mail, facsimile and/or text and must reflect the time in which the non-verbal notification of failure to collect was sent to the Contractor. The Contractor must record by written material the time in which the non-verbal notification is received, as well as the time in which the collection is made. (ii) Verbal communication to the Contractor by a telephone request from the Village to the Contractor. Upon receiving a verbal telephoned request from the Village to the Contractor, the Contractor must record by written material the time in which the verbal telephone request is received, as well as the time in which the collection is made. Notification of failure to collect from a resident shall be defined as verbal communication to the Contractor by a telephoned request from the resident to the Contractor. Upon receiving a telephoned request from the resident to the Contractor, the Contractor must record by written material the time in which the telephone request is received, as well as the time in which the collection is made.

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

ARTICLE VIII INSURANCE AND INDEMNIFICATION

Section 8.1. Insurance. The Contractor shall secure and maintain insurance for

general liability up to One Million Dollars ($1,000,000) per each occurrence limit and bodily injury, property damage and automotive liability up to One Million Dollars ($1,000,000) per occurrence. The Contractor shall provide the Village with a Certificate of Insurance indicating such coverage and naming the Village as an additional insured. A copy of said certificate is attached hereto, marked Exhibit III and made part of this Agreement. The minimum best insurance rating of the insurer issuing this policy shall be A-l. The Contractor shall secure and maintain worker’s compensation insurance for the statutory amount for the Contractor’s employees. The Contractor shall provide the Village with a Certificate of Insurance indicating such insurance coverage. All insurance policies required by this Agreement shall contain a provision that the carrier must provide thirty (30) days written notice to the Village before any cancellation of coverages becomes effective. Evidence of insurance coverage required shall be furnished annually to the Purchasing Agent, Village of Skokie, 5127 Oakton Street, Skokie, IL. 60077.

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


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

ARTICLE IX PERFORMANCE BOND

Section 9.1. Performance Bond. The Contractor shall furnish a performance

bond for the faithful performance of this Agreement, such bond to be executed by a responsible surety company and to be in the penal sum of 50% of the total of the first year contract value. After the first year term of the contract, the Contractor shall submit a performance bond annually in the amount of $100,000, and shall indemnify the Village against losses from any failure of performance by the Contractor. The bond must be posted by May 1st of each year. In the event that the Contractor fails to collect, remove and properly dispose of recyclable material herein provided to be collected and disposed in accordance with the terms of this Agreement from premises constituting ten percent (10%) of the total number of unit dwellings within a period of one service week; and such failure is not caused by the events outlined in Section 11.11 of the Agreement, the Village may, at its option, cause such material to be collected and disposed of by any means available and all expenses incurred by the Village thereby may be charged against the Contractor and the Performance Bond. Such failure of the Contractor to perform over a sixty (60) day period shall be grounds for immediate termination of this Agreement by the Village.

ARTICLE X BREACH, EVENTS OF DEFAULT AND REMEDIES

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

Breach on the part of the Contractor:

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

(b) (A) The Contractor’s being or becoming insolvent or

bankrupt or ceasing to pay its debts as they mature or making the arrangement with or for the benefit of its creditors or consenting to or acquiescing in the appointment of the receiver, trustee or liquidator for a substantial part of its property, (B) a bankruptcy, winding up, reorganization, insolvency, arrangement or similar proceeding being instituted by the Contractor under the laws of any jurisdiction, (C) a bankruptcy, winding up, reorganization, insolvency, arrangement or similar proceeding being instituted against the Contractor under the laws


of any jurisdiction, which proceeding has not been dismissed within one hundred and twenty (120) days, (D) any action or answer by the Contractor approving of, consenting to or acquiescing in any such proceeding, or (E) the levy of any distress, execution or attachment upon the property of the Contractor which shall (or reasonably might be expected to) substantially interfere with its performance under this Solid Waste Agreement, or

(c) The landfilling of any accepted recyclable commodity

without the Village’s authorization to do so.

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

(a) the failure of the Village to pay within thirty (30) days after notice

from the Contractor of such nonpayment, amounts which are undisputed or which are determined to be due to the Contractor under this Agreement;

(b) (i) the Village’s being or becoming insolvent or bankrupt or ceasing

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

Section 10.3. Events of Default and Remedies of Village.

(a) If a Breach occurs under Section 10.1, the Village may exercise any

one or more of the following remedies: (i) The Village may declare an Event of default and may then

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

(ii) The Village may seek and recover from the Contractor all

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

(iii) The Village may (A) call upon the sureties to perform their

obligations under the performance bond or (B) in the alternative, after


releasing the sureties from their obligations under the performance bond, take over and perform the required services by its own devices, (C) may enter into a new contract for the required services, or any portion thereof, or (D) may use other such methods as shall be required in the opinion of the Village for the performance of the required services;

(iv) The Village shall have the power to proceed with any right

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

(v) The Village shall have the power to terminate any portion

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

(vi) No remedy by the terms of this Agreement conferred upon

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

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

Agreement.

Section 10.4. Events of Default and Remedies of Contractor

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

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

Agreement.

ARTICLE XI


MISCELLANEOUS

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

Section 11.2 Compliance with Laws; Rules and Regulations. The Contractor

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

Section 11.3 Care and Performance. The Contractor shall undertake to perform

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

Section 11.4 No Alcohol or Drugs. The Contractor shall furnish capable and

competent employees for these collection services. The Contractor shall prohibit and use its best efforts to enforce the prohibition of any drinking of alcoholic beverages or use of illegal drugs by its drivers and crew members while on duty or in the course of performing their duties under this Agreement.

Section 11.5 Governing Law. This Agreement and any questions concerning its

validity, construction or performance shall be governed by the laws of the State of Illinois.

Section 11.6 Severability. The invalidity or unenforceability of one or more of

the terms or provisions contained in this Agreement shall not affect the validity or enforceability of the remaining terms and provisions of this Agreement so long as the material purposes of this Agreement can be determined and effectuated.

Section 11.7. Non-Assignability. The Contractor shall not assign or subcontract

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

Section 11.8. Equal Employment Opportunity. During the term of this Solid

Waste Agreement, the Contractor shall comply in all respects with the Equal Employment Opportunity Act. The Contractor shall have a written equal employment opportunity policy statement declaring


that it does not discriminate on the basis of race, color, religion, sex, national origin, disability, or age. Findings of non-compliance with applicable State or federal equal employment opportunity laws and regulations may be sufficient reason for revocation or cancellation of this Agreement.

Section 11.9. Prevailing Wage Rates. Not less than the prevailing rate of wages,

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

Section 11.10. Service Calls. The Contractor shall maintain an office telephone

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

(a) If to Village:

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

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

Section 11.11. Force Majeure. Except as otherwise provided herein, the obligations of the Contractor hereunder shall be suspended in the event the collection, transportation, or disposal of any waste under this Contract is prevented by a cause or causes beyond the reasonable control of the Contractor. Such causes shall include, but not be limited to Acts of God, acts of war, riot, fire, explosion, accident, flood or sabotage. In the event the Contractor asserts a right to suspend performance under this Section, the contractor shall (i) within twenty-four (24) hours after it has knowledge of


the effective cause, notify the Village of the cause for suspension, the performance suspended, and the anticipated duration of suspension and (ii) advise the Village when the suspending event has ended and when performance will be resumed. Once the suspending event ends, the Contractor shall promptly resume performance.

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

VILLAGE OF SKOKIE GROOT INDUSTRIES, INC. By: ______________________________ By: _________________________ Attest: Attest: _________________________________ ____________________________ Its: Village Clerk Its: __________________________

A MML: 3/18/13 1st Reading *4/3/13

Page 1 of 2 VOSDOCS-#425567-v1-Ordinance__Plat_of_Vacation__Easement_Rights__Touhy_Marketplace__3536-3654_Touhy

THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER

13-4-Z-

AN ORDINANCE VACATING EASEMENTS AT THE PROPERTY LOCATED AT 3536-3654 TOUHY AVENUE,

SKOKIE, ILLINOIS IN A B2 COMMERCIAL DISTRICT WHEREAS, CSD Touhy, LLC, the owner of the property commonly known as 3536-1

3654 Touhy Avenue, Skokie, Illinois (the “Subject Property”), in a B2 Commercial district, is 2

requesting the vacation of easements for all public utilities, railroads, and roadways within 3

the Subject Property that are no longer needed due to the conversion of the Subject 4

Property from industrial to commercial use; and 5

WHEREAS, included in these requested vacations are three (3) easements (the 6

“Subject Easements”) that contain Village utilities or a grant of public right of way access 7

and are depicted on the Plat of Vacation, dated November 9, 2012, and commonly 8

described as follows: 9

(i) A public utility easement for use by Lots 1 and 2 in National Wax Subdivision that 10

served the 3650 Touhy Avenue and the 3649 Chase Avenue properties, 11

(ii) A ten (10) foot wide easement for the water main running along the east side of 12

the property and adjacent to St. Louis Avenue that ran across the 3600 Touhy Avenue 13

property, 14

(iii) A ten (10) foot wide easement for a public roadway (right of way) and shares that 15

same foot print as the water main easement; and 16

WHEREAS, CSD Touhy, LLC has previously gone through the public hearing 17

process for a planned development, culminating in the adoption of Village Ordinance 18

Number 12-5-Z-3900 with regard to a new shopping center to be located on the Subject 19

Property. At the time, it was thought there was no need to vacate the above easements but 20

it has since been determined that the Subject Easements are an unnecessary 21

encumbrance; and 22

WHEREAS, the Village utilities have been abandoned and the easements are not 23

needed as they serve no public function. This vacation will subserve the public interest by 24

eliminating unnecessary claims; and 25

WHEREAS, the Subject Easements are depicted and legally described on the Plat 26

of Vacation, dated November 9, 2012, a copy of which is attached hereto as Exhibit “A”; and 27

WHEREAS, the nature and extent of the public use or public interest to be 28

subserved in the Subject Easements shall warrant the vacation of the same; and 29

Page 2 of 2 VOSDOCS-#425567-v1-Ordinance__Plat_of_Vacation__Easement_Rights__Touhy_Marketplace__3536-3654_Touhy

WHEREAS, no compensation shall be paid by the owners of the Subject Property, 1

since it has been determined that the vacation of the Subject Easements will benefit both 2

the Subject Property owner and the Village; and 3

WHEREAS, the Mayor and Board of Trustees of the Village of Skokie, at a public 4

meeting duly held April 3, 2013, concurred in the recommendation of the Skokie Plan 5

Commission; 6

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the 7

Village of Skokie, Cook County, Illinois: 8

Section 1: That the above stated Recitals are restated and incorporated as if 9

stated in full. 10

Section 2: That the following three (3) requested easement vacations, located in 11

the Village of Skokie, described below, and depicted on the Plat of Vacation, dated 12

November 9, 2012, a copy of which is attached hereto as Exhibit “A”, be and the same are 13

hereby vacated: 14

(i) A public utility easement for use by Lots 1 and 2 in National Wax Subdivision that 15

served the 3650 Touhy Avenue and the 3649 Chase Avenue properties, 16

(ii) A ten (10) foot wide easement for the water main running along the east side of 17

the property and adjacent to St. Louis Avenue that ran across the 3600 Touhy Avenue 18

property, 19

(iii) A ten (10) foot wide easement for a public roadway (right of way) and shares that 20

same foot print as water main easement. 21

Section 3: That the public interest and benefit will be subserved by the vacation of the 22

Subject Easements referenced herein. 23

Section 4: That the aforesaid vacation, shall be effective upon the recording of a 24

Plat of Vacation by the Village of Skokie in the Office of the Recorder of Deeds of Cook 25

County. 26

Section 5: That this Ordinance shall be in full force and effect from and after its 27

passage, approval, and recordation as provided by law. 28

ADOPTED this day of April, 2013. 29

30

Village Clerk 31

Ayes: 32

Nays: 33

Absent: 34


Attested and filed in my April, 2013. 36

office this day of 37

April, 2013. 38

39

Mayor, Village of Skokie 40

41

Village Clerk 42

Exhibit A

B MML: 3/4/13 1st Reading

*4/3/13 PC: 2013-1P SUP: 307.02

Page 1 of 4 VOSDOCS-#425271-v1-Ordinance__2013-1P__SUP__Religious_Assembly__5200_Church__Grace_Chinese_Christian_Church

THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER

13-4-Z-

AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW RELIGIOUS ASSEMBLY AT 5200 CHURCH STREET, SKOKIE,

ILLINOIS IN A B2 COMMERCIAL DISTRICT, RELIEF FROM CHAPTER 118, SECTION 118-218(2) OF THE SKOKIE VILLAGE CODE, AND THE

REPEAL OF VILLAGE ORDINANCE NUMBER 98-7-Z-2762

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

LOT 801 (EXCEPT THE SOUTH 7 FEET THEREOF) IN KRENN AND DATO’S CHURCH 2

STREET “L” TERMINAL SUBDIVISION OF PART OF LOT 25 IN COUNTY CLERK’S 3

DIVISION IN SECTION 16, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD 4

PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. 5

PIN: 10-16-128-036-0000 6

more commonly described as 5200 Church Street, Skokie, Illinois (the “Subject Property”), 7

petitioned the Village of Skokie to modify the special use permit to allow religious assembly 8

in a B2 Commercial district; and 9

WHEREAS, Grace Chinese Church (hereinafter “Church”), the owner of the Subject 10

Property, was previously granted a special use permit in 1998, pursuant to Village Ordinance 11

Number 98-7-Z-2762; and 12

WHEREAS, condition number three (3) of the special use permit allows for a maximum 13

seating capacity of 60 persons. The Church desires to increase the seating capacity to 100 14

persons due to expanding membership; and 15

WHEREAS, regular attendance at services has increased to 80 attendees with 16

approximately 100 attendees during the holidays. There are currently 15 off-street parking 17

spaces and the Church desires to increase this to 19 parking spaces. The Village has verified 18

that the Church has a reciprocal agreement with ComEd to utilize their parking lot for any 19

parking overflow; and 20

WHEREAS, due to the Church’s desire to expand its authorized seating to 100, the 21

off-street parking requirement would be 25 spaces, thus the Church is requesting relief from 22

Chapter 118, Section 118-218(2) of the Skokie Village Code to be allowed to provide 19 rather 23

than the required 25 off-street parking spaces; and 24

WHEREAS, the Skokie Plan Commission, at a public hearing duly held on February 7, 25

2013, for which proper legal notice had been achieved and no interested parties appeared, (a) 26

made the appropriate findings of fact as required under Section 118-32 of the Skokie Village 27


Code and (b) voted to recommend to the Mayor and Board of Trustees that the requested 1

special use permit be granted subject to the conditions contained in the Plan Commission 2

Report dated March 4, 2013; and 3

WHEREAS, it was further recommended that the best manner in which to achieve the 4

modification was to repeal Village Ordinance Number 98-7-Z-2762 and grant a special use 5

permit with revised conditions; and 6

WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on March 7

4, 2013, concurred in the aforesaid recommendations and findings of fact of the Skokie Plan 8

Commission; 9

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the 10

Village of Skokie, Cook County, Illinois: 11

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

repealed. 13

Section 2: That the special use permit requested by the petitioner to allow religious 14

assembly at the Subject Property, described above and commonly known as 5200 Church 15

Street, Skokie, Illinois, in a B2 Commercial district, be and the same is hereby granted and 16

approved subject to each of the conditions set forth below: 17

1. The petitioners must develop the Subject Property in substantial conformance 18

with the final Village approved plat of survey dated March 12, 1998, existing 19

site plan dated November 6, 2012, proposed site plan dated December 6, 20

2012, and existing floor plan dated November 6, 2012; 21

2. Prior to the issuance of permits to expand the parking lot, the petitioner must: 22

A. Provide pavement elevations to indicate that stormwater drainage will 23

be directed from the proposed parking spaces into the existing storm 24

sewer structure in the parking lot, 25

B. Clean out the storm sewer structure and verify that a restrictor is 26

present, 27

C. Coordinate the design and construction phase of the parking lot with 28

Civil Engineering staff; 29

3. The maximum seating capacity in the worship area shall be limited to 100 30

seats. Any increase in the seating capacity or the overall area that the church 31

occupies in the building shall require an amendment to the Special Use Permit 32

through the full public hearing process along with a request for relief from 33

Section 118-218(2) of the Village Code; 34

4. Any change in user to another religious group shall require an application for a 35

new Special Use Permit, including public hearings; 36

5. One bicycle parking space must be provided in compliance with Section 118-37

221 of the Skokie Village Code and must be installed to the right of the front 38

entrance to the church; 39

6. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, 40

signage, landscaping, structures, and any other facilities or infrastructure on 41


the Subject Property must be maintained in a good state of repair, and when 1

needed, be repaired or replaced in a timely manner; 2

7. Parking lot and exterior lighting must meet IES standards, be full cut-off design 3

and be directed away from adjacent properties, subject to the approval of the 4

Engineering Division; 5

8. All off-street parking spaces must be legibly striped and maintained; 6

9. All modifications to building elevations, signage, and landscaping shall be 7

subject to the review and approval of the Skokie Appearance Commission; 8

10. All signage must conform to the Skokie Village Code. Any sign on the Subject 9

Property that is in violation of that Code must be removed or modified to 10

conform with the Village Code prior to the issuance of an occupancy permit; 11

11. Vehicles must always be parked between, and not overlap, the striped lines of 12

designated parking spaces and must not block driveways, sidewalks, aisles, or 13

other points of access; 14

12. All private and public sidewalks must be maintained free of snow, ice, sleet, or 15

other objects that may impede travel; 16

13. All buildings must meet current International Building and NFPA Life Safety 17

Codes as amended; 18

14. Prior to the issuance of building permits, the petitioners must submit to the 19

Planning Division of the Community Development Department the name, 20

address, and telephone number of the company and contact person 21

responsible for site maintenance in compliance with the special use permit; 22

15. If work is to be performed on public property or if public property is utilized or 23

impacted during construction and/or development, the owner shall provide, or 24

shall cause the developer and/or contractor to provide, the Village of Skokie 25

with a certificate of insurance naming the Village of Skokie as additionally 26

insured for any and all claims related to any and all work. The owner shall 27

hold, and shall cause the developer and/or contractor to hold, the Village of 28

Skokie harmless and indemnify the Village for any and all claims for property 29

damage or personal injury related to work on or use of public property; 30

16. The petitioners shall comply with all Federal and State statutes, laws, rules 31

and regulations and all Village codes, ordinances, rules, and regulations; 32

17. Failure to abide by any and all terms of this Ordinance shall be cause for the 33

Village to initiate hearings to determine whether the subject Ordinance, as well 34

as any applicable business licenses, should be revised or revoked; and 35

18. The petitioners shall pay all costs related to any hearings conducted as a 36

result of non-compliance with any of the provisions of the enabling ordinance. 37

The costs shall include but not be limited to court reporter fees, attorney fees, 38

and staff time required researching and conducting said hearing. 39

Section 3: That relief be granted from §118-218(2) of the Skokie Village Code to 40

provide 19 rather than 25 off-street parking spaces. 41


Section 4: That a notice of the approval of this Ordinance incorporating the 1

conditions contained herein shall be executed by the owner of the property in writing and 2

duly recorded with the Cook County Recorder of Deeds Office at the owner’s expense. 3

Section 5: That this Ordinance shall be in full force and effect from and after its 4

passage, approval and recordation as provided by law. 5

6

ADOPTED this day of April, 2013. 7

8

Village Clerk 9

Ayes: 10

Nays: 11

Absent: 12


Attested and filed in my April, 2013. 14

office this day of 15

April, 2013. 16

17

Mayor, Village of Skokie 18

19

Village Clerk 20

C MML: 4/3/13

Page 1 of 1 VOSDOCS-#425884-v1-Resolution__Authorizing_Grant_Signatories__Illinois_DCEO__Hurricane__IKE_

THIS RESOLUTION MAY BE CITED ASVILLAGE RESOLUTION

13-4-R-

A RESOLUTION AUTHORIZING THE VILLAGE MANAGER AND ASSISTANT VILLAGE MANAGER TO BE AUTHORIZED AS ADDITIONAL SIGNATORIES ON HURRICANE “IKE” GRANT-RELATED DOCUMENTS,

INCLUDING BUT NOT LIMITED TO ENVIRONMENTAL COMPLIANCE WORKSHEETS AND CONTRACTOR PAYMENTS

WHEREAS, the Village of Skokie (hereinafter the “Village”) has been awarded almost $2.3 1

million in funding from the Illinois Department of Commerce and Economic Opportunity 2

(hereinafter “DCEO”) to provide grants to repair homes with remaining storm damage caused by 3

the September 2008 Hurricane “IKE” rain and flooding event; and 4

WHEREAS, an Agreement was executed in June 2012, and approximately 31 homes are 5

expected to be repaired with the Hurricane “IKE” grant funds by December 2013; and 6

WHEREAS, currently, the Mayor is the only authorized signatory on behalf of the Village 7

for this grant program. Since there will be a minimum of four (4) documents per participating 8

household requiring Village signatures, it is a requirement of the grant program to adopt a 9

resolution to authorize additional signatories for grant-related paperwork; and 10

WHEREAS, the Corporation Counsel recommended to the Mayor and Board of Trustees 11

that the Village Manager and Assistant Village Manager be approved as additional signatories on 12

Hurricane “IKE” grant-related documents, including but not limited to environmental compliance 13

worksheets and contractor payments; 14

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village 15

of Skokie, Cook County, Illinois that the Village Manager and Assistant Village Manager are hereby 16

authorized as additional signatories on Hurricane “IKE” grant-related documents, including but not 17

limited to environmental compliance worksheets and contractor payments. 18

PASSED this day of April, 2013. 19

20

Ayes: 21

Nays: Village Clerk 22

Absent: 23


Attest: April, 2013. 25

26

27

28

Village Clerk Mayor, Village of Skokie 29

30

31

32

VOSDOCS-#424242-v2-Master_Plan_Commission_Report_for_2012-58P_-_Special_Use_Permit_for_Liquor_Sales 2

liquor sales at an existing CVS/pharmacy at 3434 Dempster Street be APPROVED, subject to the attached Plan Commission Positive Findings of Fact and Plan Commission Recommended Conditions listed below.

ATTACHMENTS

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


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.


Plan Commission Positive Findings of Fact 2012-58P: Special Use Permit Plan Commission Council Chambers, 7:30 PM, April 3, 2013

1 Consideration The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, or general welfare; and the proposed building or use at the particular location is necessary or desirable to provide a service or a facility which is in the public interest and will contribute to the general welfare of the neighborhood or community.

Findings The proposed sale of packaged, beer, wine, and liquor will not be detrimental to or endanger the public health, safety, morals, or general welfare. The sale of packaged alcoholic beverages is common at other big box discount retailers and grocery stores in the area, and is becoming common at pharmacies.

2 Consideration The proposed building or use will not substantially change the character of the neighborhood, will not have an undue adverse effect upon adjacent property or property values in the neighborhood, will not unduly aggravate traffic conditions, and will not unduly burden essential public services such as drainage facilities, public utilities, and those services pertaining to public health, safety, and welfare in general.

Findings The proposed sale of packaged, beer, wine, and liquor will not have an adverse impact upon or change the character of the neighborhood, because the sales volume will be incidental to the existing pharmacy-based sales in the building.

3 Consideration The proposed building(s) or use will be designed, arranged, and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations.

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


4 Consideration The proposed use will not alter or be contrary to the primary purpose of the zoning district of the area in which it is proposed, when its effect is considered in conjunction with the cumulative effect of the number of various special uses of all types already in the adjacent area and in the Village as a whole.

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

5 Consideration The proposed use and its plan conform to the general intent of the Official Comprehensive Plan.

Findings The site is designated as retail/service employment in the Comprehensive Plan, and the proposed sale of packaged, beer, wine, and liquor is not contrary to this use.

423960 Plan Commission meeting minutes 2/7/2013 Case 2012-58P

Plan Commission Meeting Minutes Date: February 7, 2013

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

Case Description 2012-58P – Special Use Permit: 3434 Dempster Street

SJA Financial Group, LLC, and SCP 2004E-536, LLC, on behalf of Highland Park CVS, LLC (d/b/a/ CVS Pharmacy #5978), requests a special use permit for sale of packaged beer, wine, and liquor at a pharmacy in a B2 Commercial district.

Discussion and Interested Parties Legal Notice was properly posted, advertised and delivered to all property owners in the area of the subject site as prescribed by the Zoning Chapter. The case was presented by Larry Cohen, attorney, Vic Gandre, district manager, and Oksana Davydovska, store manager; all on behalf of the CVS store. The store is open 7 days a week from 7 AM to 10 PM. There are 2 full time pharmacists, 1 store manager and 2 shift supervisors. Five part time employees work 15-25 hours per week. The managers have gone through specialized basset training and the intention is for everyone who will be selling liquor to be trained at a later date. Approximately 5-8% of all sales at CVS stores are liquor sales. Vic Gandre has been with CVS for 10 years as a pharmacist, pharmacy manager and now as the northwest district manager. He mentioned that 25% of all CVS stores nation-wide sell liquor. Selling beer, wine and spirits is a convenience to their customers as a secondary purchase. CVS is not a liquor store. They will follow Village regulations and use 60 linear feet in a 3-door beer cooler and both sides of 1 aisle for bulk beer & spirits in the front half of the store. The manager’s office is elevated to oversee the snack & liquor sections. Clerks and cashiers are at the front as well; the most visible area of the store. To help prevent underage drinking, CVS has instituted an internal control; using a type of bottle cap that will render a bottle unusable if the cap is tampered with. One commissioner wanted confirmation that the liquor shelves will be placed by the manager’s office. The Plan Commission chairman asked if any type of display featuring liquor would be placed at the front of the store. The district manager stated that the liquor shelves would be located just as pictured in the diagram that was included in their submission. Several commissioners voiced their concerns that there is on-going neglect at the store. It was brought to the attention of all that there were 13 items of discrepancy from the existing special use that need attention. They questioned why the store manager and district manager were not aware of these matters to bring them into compliance before


now. Mr. Cohen stated that the store is not in compliance but will move forward to get things taken care of. Oksana Davydovska, the store manager for 4 years, stated that there is a national director of maintenance for CVS and some of these issues are out of her jurisdiction. As far as she knows there is a monthly landscaping service. There also are signage issues. She did not know of a left turn sign that is missing. Regarding window sign compliance, once it was brought to her attention the matter was addressed and fixed. Another commissioner asked why liquor sales are necessary at this location now as opposed to when the store first opened. The Community Development director advised the group that this is a new class of liquor license and wasn’t in existence 4-5 years ago. The commissioner also asked if, as part of a motion, restrictions can be placed as to location within the store and window signs devoted to liquor sales. The Community Development director stated that approval to sell the product is based on the site plan; not the floor plan. The floor plan was given just as a courtesy and CVS is not held to it. The Plan Commission cannot dictate where liquor is placed in the store or how it is advertised; however, a recommendation can be made to the Liquor Commissioner. Mr. Cohen interjected that 80% of the CVS stores in Illinois sell liquor. One commissioner asked if the petitioner was in agreement to all the Recommended Special Use Conditions; especially #4 which states that the petitioner is responsible for any costs related to hearings for non-compliance. Another commissioner wanted to include “neglect of property” to Findings of Fact #2. The petitioner is agreeable to all conditions. Recommendation and Voting The Plan Commission agreed with staff recommendations and made a motion to approve this case. The motion was approved by a vote of 6 ayes, 2 nays and 1 commissioner absent. Motion: Laxpati Second: O’Donnell Absent: Carandang Ayes: 6 Nays: 2 (Mitchell, Marek)

VOSDOCS-#422692-v1-Staff_Report_-_2012-58P_-_Special_Use_Permit_3434_Dempster

1 of 6

STAFF REPORT 2012-58P: Special Use Permit

Community Development Department Council Chambers, 7:30 PM, February 7, 2013

To: Paul Luke, Chairman, Skokie Plan Commission

From: Carrie Haberstich, AICP, Planner/CDBG Administrator

Re: Special Use Permit: 3434 Dempster Street

General Information

Location 3434 Dempster Street

Purpose Special use permit for packaged beer, wine, and liquor sales

Petitioner SJA Financial Group, LLC, and SCP 2004E-536, LLC, on behalf of Highland Park CVS, LLC (d/b/a CVS Pharmacy #5978)

Size of Site 46,473 square feet (1.067 acres)

Existing Zoning & Land Use

B2 Commercial (pharmacy or drug store)

Adjacent Zoning & Land Use

North R1 Single-Family (residence, detached)

South B2 Commercial (mixed commercial)

South-west

B2 Commercial (beer, wine, and liquor store – package only)

East B2 Commercial (restaurant, limited service)

West B2 Commercial (mixed commercial)

Comprehensive Plan The subject site is designated as retail/service employment.

SITE INFORMATION

� Public sidewalks are located along Dempster Street, Lincolnwood Drive, and Forestview Road.

� The site is served by the 250 Pace Bus, which has a stop located adjacent to the CVS/pharmacy building.

PETITIONERS’ SUBMITTAL

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


2 of 6

STAFF ANALYSIS

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

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

Planning Division This property has an existing special use permit to establish and operate a pharmacy with a drive-through facility. Multiple items identified in a July 20, 2012, letter to CVS/pharmacy headquarters and the store manager need to be addressed. Such items are identified in the recommendations.

During a January 25, 2013, on-site compliance check of the aforementioned items, 2 delivery trucks were observed in the customer parking lot and not in the designated loading area on the east side of the building. Per §118-206(d), “vehicles shall not be allowed to be parked in or otherwise block common driveways, sidewalks, aisles, or other points of access at any time, shall only be parked in designated parking spaces, and shall not overlap the striped lines of designated parking spaces”. The store manager should ensure efficient use of the loading area to avoid noncompliance with this regulation.

The attached floor plans locate the proposed packaged beer, wine, and liquor sales in and near the beverage cooler area in the northwest corner of the store.

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

APPEARANCE COMMISSION

Appearance Commission review is not required.

STAFF RECOMMENDATIONS

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


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RECOMMENDED SPECIAL USE CONDITIONS

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

a. Install a replacement “No Left Turn” sign in the island of the Dempster Street driveway.

b. Inform delivery drivers to utilize the loading area on the east side of the building and not the customer parking lot.

c. Sealcoat and restripe the parking lot.

d. Remove litter from the property.

e. Scrape and repaint the trash enclosure gate posts.

f. Repair holes in the concrete masonry units within the trash enclosure.

g. Replace missing/dead plants throughout the property to be in substantial compliance with the approved landscape plan dated October 30, 2003.

h. Place address labels at all points of entry to the building.

i. Remove signs that exceed 25% of each window pane.

j. Remove graffiti from the sign to the left of the drive-through pharmacy window.

k. Remove weeds and scrub trees growing along the alley side of the fence along the north side of the property.

l. Repair the damaged downspout on the north wall of the building near the west façade).

m. Reprogram the sign at the southwest corner of the property to display only 1 message per day.

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

3. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to initiate hearings to determine whether the subject Ordinance, as well as any applicable business licenses, should be revised or revoked.

4. The petitioners shall pay all costs related to any hearings conducted as a result of non-compliance with any of the provisions of the enabling ordinance. The costs shall include but not be limited to court reporter fees, attorney fees, and staff time required researching and conducting said hearing.


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ATTACHMENTS

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


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


Findings The proposed sale of packaged, beer, wine, and liquor will not be detrimental to or endanger the public health, safety, morals, or general welfare. The sale of packaged alcoholic beverages is common at other big box discount retailers and grocery stores in the area, and is becoming common at pharmacies.


Findings The proposed sale of packaged, beer, wine, and liquor will not have an adverse impact upon or change the character of the neighborhood, because the sales volume will be incidental to the existing pharmacy-based sales in the building.


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


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


Findings The site is designated as retail/service employment in the Comprehensive Plan, and the proposed sale of packaged, beer, wine, and liquor is not contrary to this use.

#425131 v1 – Master Plan Commission Report 2013-2P: Special Use Permit for Packaged Beer, Wine, and Liquor Sales at 9426 Skokie Boulevard

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PLAN COMMISSION REPORT 2013-2P: Special Use Permit Plan Commission Council Chambers, 8:00 PM, April 3, 2013 To: Mayor and Board of Trustees

From: Paul Luke, Chairman

Case: 2013-2P: 9426 Skokie Boulevard Special Use Permit for packaged beer, wine, and liquor sales PLAN COMMISSION ANALYSIS

At its February 21, 2013 meeting, the Plan Commission heard the request of Chicago Land Title Trust Company and Inland Real Estate, LLC as beneficiary, on behalf of Produce World, Inc., for a special use permit for packaged beer, wine, and liquor sales at an existing Produce World store, located at 9426 Skokie Boulevard, in a B2 Commercial district. Alcoholic beverage sales will be confined to a display area up to 300 linear feet in size that would be located near the store’s checkout area and include a 4-foot wide, 5-shelf cooler. Produce World presently sells unrefrigerated beer, wine, and liquor at its 2 other locations in Norridge and Morton Grove, but would like to offer cold beverages at the subject site as a matter of convenience for patrons of adjacent restaurants where alcohol purchased outside can be brought in. The Plan Commission concurred with Staff’s recommendation to grant the special use permit. One commissioner wished to clarify to the other commissioners that the ordinance for the Class M liquor license defines the maximum area used as 300 linear feet and that there are no exceptions or variations from the ordinance and the Plan Commission cannot determine where the liquor can be sold within the store. Another commissioner requested that there be a study conducted by Staff of the geographical distribution of Class M liquor licenses. He noted that there has been a recent increase in the number of businesses requesting a special use permit for liquor sales and wondered if there were clusters forming within the Village of similar uses making these requests. Staff replied that the location of liquor licenses within the Village does not fall within the purview of the Plan Commission. INTERESTED PARTIES

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


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PLAN COMMISSION RECOMMENDATIONS AND VOTING

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

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

ATTACHMENTS

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


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

1. Prior to the issuance of a liquor license, all Produce World signage that is located within the public sidewalk must be relocated onto the subject site.

2. Any change in the business ownership or operator of the liquor sales from Produce World shall cause the subject Special Use Permit to cease.

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




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

1 Consideration The establishment, maintenance, or operation of the special use will

not be detrimental to or endanger the public health, safety, morals, or general welfare; and the proposed building or use at the particular location is necessary or desirable to provide a service or a facility which is in the public interest and will contribute to the general welfare of the neighborhood or community.

Findings The proposed sale of packaged, beer, wine, and liquor will not be detrimental to or endanger the public health, safety, morals, or general welfare. The sale of packaged alcoholic beverages is common at other big box discount retailers and grocery stores in the area.


Findings The proposed sale of packaged, beer, wine, and liquor will not have an adverse impact upon or change the character of the neighborhood. A former occupant within the subject site sold packaged alcoholic beverages on a larger scale than that which the petitioner intends and had no impact upon the rest of the subject site or the surrounding neighborhood.


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


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


Findings The site is designated as retail/service employment in the Comprehensive Plan and the proposed use conforms to the general intent of the plan.


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STAFF REPORT 2013-2P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, February 21, 2013 To: Paul Luke, Chairman, Skokie Plan Commission

From: Mike Voitik, Planning Technician

Re: Special Use Permit Packaged beer, wine, and liquor sales Produce World 9426 Skokie Boulevard

General Information

Location 9426 Skokie Boulevard

Purpose Special use permit for packaged beer, wine, and liquor sales

Petitioner Chicago Land Title Trust Company, an Illinois corporation, as successor Trustee under the provisions of a trust agreement dated December 8, 1997 and known as trust number 123648-08, and Inland Real Estate, LLC as beneficiary, on behalf of Produce World, Inc.

Size of Site 250,880 ft2 (5.759 acres)

Existing Zoning & Land Use

B2 Commercial – bank with drive-through, department store, vacant storefronts, clothing stores, beauty salon, beauty supply store, full-service restaurants, electronics store, produce store, tutoring center, home furnishings store

Adjacent Zoning & Land Use

North B1 Service Commercial – full-service restaurant

B2 Commercial – multifamily residences

South B3 Business – multifamily residences, limited-service restaurants, electronics store

East B2 Commercial – clothing store, vitamin store

B3 Business – clothing store, department store

West R2 Single-Family – golf course

Comprehensive Plan The site is designated as retail/service employment. SITE INFORMATION

Public sidewalks are located along Skokie Boulevard and Foster Street

Overhead utilities run along the north, south, and west sides of the subject site


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Two 2-way driveways provide access from southbound Skokie Boulevard into the shopping center parking lot.

Three 2-way driveways provide access from Foster Street into the shopping center parking lot.

The site is served by the CTA 97 and 54A buses and the Pace 208 bus which all stop on Skokie Boulevard adjacent to the shopping center.

PETITIONERS’ SUBMITTAL

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

STAFF ANALYSIS

Staff Comment and Review sheets were sent to all pertinent departments. All departments returned the sheets with no comments regarding the subject case.

Staff recommends approval of the special use permit for packaged beer, wine, and liquor sales. The sale of packaged alcoholic beverages is common at other big box discount retailers and grocery stores in the area. It should be noted that a special use permit was issued in 1997 for the sale of packaged liquor goods at Cost Plus World Market, which was located at the west side of the shopping center (case 96-20P). The store closed in 2008 and the special use permit was repealed the following year. The hours of the sale of packaged beer, wine, and liquor at Produce World shall be in accordance with all state and local laws. The Class M License that would apply to this site restricts the sale to between 7 AM and 11 PM, with sales on Sunday beginning at 8 AM. Produce World’s operating hours are 8 AM to 9PM, 7 days a week. Any change in the business ownership or operator of the liquor sales from Produce World shall cause the subject Special Use Permit to cease. Prior to the issuance of a liquor license, any Produce World signage that is located within the public sidewalk must be relocated onto the subject site. The existing location of the store’s signage obstructs pedestrian movement along the sidewalk.

APPEARANCE COMMISSION

Appearance Commission review is not required.


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STAFF RECOMMENDATIONS

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

RECOMMENDED SPECIAL USE CONDITIONS

1. Prior to the issuance of a liquor license, all Produce World signage that is located within the public sidewalk must be relocated onto the subject site.

2. Any change in the business ownership or operator of the liquor sales from Produce World shall cause the subject Special Use Permit to cease.

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



ATTACHMENTS

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


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


Findings The proposed sale of packaged, beer, wine, and liquor will not be detrimental to or endanger the public health, safety, morals, or general welfare. The sale of packaged alcoholic beverages is common at other big box discount retailers and grocery stores in the area.


Findings The proposed sale of packaged, beer, wine, and liquor will not have an adverse impact upon or change the character of the neighborhood. A former occupant within the subject site sold packaged alcoholic beverages on a larger scale than that which the petitioner intends and had no impact upon the rest of the subject site or the surrounding neighborhood.


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


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


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Findings The site is designated as retail/service employment in the Comprehensive Plan and the proposed use conforms to the general intent of the plan.


Plan Commission Meeting Minutes Date: February 21, 2013

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

Case Description 2013-2P – Special Use Permit: 9426 Skokie Boulevard

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

Discussion and Interested Parties Legal Notice was properly posted, advertised, and delivered to all property owners in the area of the subject site as prescribed by the Zoning Chapter. The case was presented by Bill Bazianos who introduced Catherine Loy from Inland Commercial Property Management. Steve Pavlopoulos, president, Hector Rodriguez, vice-president, and Zachary Bazianos, secretary are all from Produce World, Skokie. They hope to sell packaged beer, wine and liquor in an area up to 300 linear feet per Village regulations including a 4-foot wide, 5-shelf cooler located at the front of the store close to the cash registers. They do not sell cold beverages at the other two locations because they do not want to encourage that type of clientele but, as a convenience, the Skokie store has adjacent neighboring restaurants that are BYOB. One Plan commissioner reiterated that the ordinance for the Class M liquor license defines the maximum area used as 300 linear feet. There are no exceptions or variations from the ordinance and the Plan Commission cannot decide the location within the store; the only issue is if they can have it. The Community Development director summarized the request stating that staff was supportive of the use. The site plan was reviewed and there was nothing adverse from that standpoint. The only concern was the signage on the parkway at Skokie Boulevard. It blocks the sidewalk and sometimes hangs off the curb and into the roadway. Another commissioner, not opposed to this request, asked staff to take a look at the geographical spread of Class M liquor licenses being applied for recently. If, similar to a previously approved case, there may be several requests from uses clustered together. The Plan Commission chairman stated that the location of liquor licenses is not within the purview of the Plan Commission. The Community Development director offered that an upcoming meeting is scheduled for March 2013 intended for all liquor license holders


and the liquor commissioner. A list of liquor licenses can be provided after the meeting. Currently, liquor sales are permitted in the B3 and Mixed-use districts, allowed by special use permit in the B2 district and not allowed in the B1district at all. The petitioner stated that the sign has been removed from the parkway and they are in agreement to all conditions. Recommendation and Voting The chairman reminded all that the Plan Commission is a recommending body and that the case will be presented to the Village Board of Trustees at a future meeting for final approval. The Plan Commission concurred with staff recommendations and made a motion to approve the case. The vote was 7 ayes, 0 nays and 2 commissioners absent. Motion: Stasica Second: Mitchell Absent: Carandang & Paradise Ayes: 7 Nays: 0

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