The URL can be used to link to this page

Home My WebLink About037-R-23 Authorizing the City Manager to Sign the Operating Agreement with Connections for the Homeless5/22/2023 37-R-23 A RESOLUTION Authorizing the City Manager to Sign the Operating Agreement with Connections for the Homeless WHEREAS, Connections for the Homeless intends to operate a Shared Housing Facility at 1566 Oak Avenue, Evanston, Illinois; and WHEREAS, pursuant to City Code Section 5-2-7-2, an operating agreement is required to be submitted with the application for a shared housing license and approved by City Council; and WHEREAS, City Council finds that it is in the best interests of the City and its residents to enter into the Operating Agreement with Connections for the Homeless. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Manager is hereby authorized and directed to sign, and the City Clerk hereby authorized and directed to attest on behalf of the City, an Operating Agreement with Connections for the Homeless, a copy of said Agreement being attached hereto as Exhibit 1 and being made a part hereof. ~1~ Page 1 of 23 Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 1 of 23 37-R-23 ~2~ SECTION 3: The City Manager is hereby authorized and directed to negotiate any additional terms and conditions of said Agreement as determined to be in the best interests of the City and in a form acceptable to the Corporation Counsel. SECTION 4: This resolution shall be in full force and effect from and after the date of its passage and approval in the manner required by law. ______________________________ Daniel Biss, Mayor Attest: ______________________________ Stephanie Mendoza, City Clerk Adopted: __________________, 2023 Approved as to form: _______________________________ Nicholas E. Cummings, Corporation Counsel May 22 Page 2 of 23 Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 2 of 23 37-R-23 ~3~ EXHIBIT A OPERATING AGREEMENT Page 3 of 23 Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 3 of 23 Doc ID: 56565a8c3b25cd7e319804e0db6b6e2ec026d072Page 4 of 23 Doc ID: 56565a8c3b25cd7e319804e0db6b6e2ec026d072Page 5 of 23 Doc ID: 56565a8c3b25cd7e319804e0db6b6e2ec026d072Page 6 of 23 Doc ID: 56565a8c3b25cd7e319804e0db6b6e2ec026d072Page 7 of 23 Doc ID: 56565a8c3b25cd7e319804e0db6b6e2ec026d072Page 8 of 23 Doc ID: 56565a8c3b25cd7e319804e0db6b6e2ec026d072Page 9 of 23 Doc ID: 56565a8c3b25cd7e319804e0db6b6e2ec026d072Page 10 of 23 Doc ID: 56565a8c3b25cd7e319804e0db6b6e2ec026d072Page 11 of 23 Shared Housing Provider License Application Community Development Department, 2100 Ridge Ave., Evanston, IL 60201 Phone (847) 448-4311 Email: propertymaintenance@cityofevanston.org EVANSTON CITY CODE TITLE 5 CHAPTER 2: SHARED HOUSING PROVIDER Shared housing includes but is not limited to: Transitional Treatment Facility, Shelter for Abused Persons, Congregate Housing, Rooming Houses, Sheltered Care Home, Transitional Shelter, Apartment Hotel, Hotel, Dormitory and Boarding House, all as defined by Title 6 of the Evanston City Code. New Application □Renewal Application □Change of Ownership □ $500 $150 plus $28 per roomer $500 Full Name of Applicant/Licensee Address City, State, Zip Code Telephone Number Email Address Full Name of Owner of Building & Premises Address City, State, Zip Code Telephone Number Email Address Full Name of Property Manager/Supervisor (if different from applicant) Address City, State, Zip Code Telephone Number Email Address Number of Rooms in Building Number of Sleeping Rooms in Building _____ Every room occupied for sleeping purposes shall contain a minimum of 70 square feet for one person and 50 square feet per occupant for more than one person. Submittal Requirements: Completed Application Floor Plan of each floor that shows all fire escapes, stairs, halls, exits, window locations with dimensions, habitable rooms with dimensions, rooms occupied for sleeping purposes with dimensions and number of persons proposed to be accommodated in the room, and occupancy number of each floor. Floor plans must be drawn to scale. Operating Agreement Evacuation Diagram Inspection Requirement: Inspection by the Community Development Department and Fire Department is required prior to licensure. Copies of this application and required plans will be reviewed by the Community Development Director and the Fire Chief or their designees. Signature of Applicant Date x Connections for the Homeless 2121 Dewey Evanston, IL 60201 847-475-7070 mmallory@connection2home.org 1566 Oak Avenue LLC 1566 Oak Avenue Evanston, IL 60201 n/a 847-869-2272 x415 innkeeper@margaritainn.com 62 46 5/16/2023 Page 12 of 23 Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 12 of 23 Page 13 of 23 Doc ID: ca37a437e38f566005fb40813af03350f2b28f31 Page 13 of 23 Page 14 of 23 Doc ID: ca37a437e38f566005fb40813af03350f2b28f31 Page 14 of 23 Page 15 of 23 Doc ID: ca37a437e38f566005fb40813af03350f2b28f31 Page 15 of 23 Page 18 of 25Page 16 of 23 Doc ID: ca37a437e38f566005fb40813af03350f2b28f31 Page 16 of 23 Page 19 of 25Page 17 of 23 Doc ID: ca37a437e38f566005fb40813af03350f2b28f31 Page 17 of 23 Page 20 of 25Page 18 of 23 Doc ID: ca37a437e38f566005fb40813af03350f2b28f31 Page 18 of 23 Page 21 of 25Page 19 of 23 Doc ID: ca37a437e38f566005fb40813af03350f2b28f31 Page 19 of 23 Page 22 of 25Page 20 of 23 Doc ID: ca37a437e38f566005fb40813af03350f2b28f31 Page 20 of 23 To: Jonathan Nieuwsma, Councilmember From: Alexandra Ruggie, Deputy City Attorney Subject: Connections’ Operating Agreement Comparable Date: May 4, 2023 Background The City of Evanston’s Shared Housing License requires each applicant to submit an operating agreement to the City of Evanston. Evanston City Code 5-2-7-2. Connections for the Homeless has submitted an application for a Special Use Permit to operate a Rooming House located at 1566 Oak Avenue. As part of the Special Use Permit, the City’s Land Use Commission is requiring that Connections for the Homeless obtain a Shared Housing License as a condition on the Special Use Permit. The City of Evanston sought input from Daniel Lauber as outside counsel on the proposed operating agreements for its Shared Housing License. Mr. Lauber additionally provided suggested edits to the Operating Agreement with Connections for the Homeless. Connections’ Operating Agreement After review of Mr. Lauber’s suggested edits of the Connections’ Operating Agreement, City staff met internally, as well as, with Councilmember Nieuwsma and Connections for the Homeless to review the proposed edits. The City incorporated many of Mr. Lauber’s suggested edits. Below is an overview of these edits that were incorporated, amended or rejected.  First Responder Collaboration – the City utilized this suggestion within the Operating Agreement (“OA”).  Enforcement – The City utilized Lauber’s suggestion, but moved the “Enforcement” to number 29. Memorandum Page 21 of 23 Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 21 of 23  Emergency Response Information – The City utilized Lauber’s suggestions, but amended it to state that Connections’ will provide the City with the emergency number that will be answered 24/7 by Connections’ on-duty staff. The OA also uses Mr. Lauber’s suggestion that any change to this contact information shall be provided to the City within 5 days  Preparation for Emergencies – The City did not utilize Mr. Lauber’s suggestions as they pertain to this section. The suggestions contained in this section are primarily all housed and required within the City’s building Code. The City’s Building Code is the controlling applicable code and to ensure continuity within the City of Evanston for all buildings, it was not amended on for this OA.  Posting of Rules and Regulations – The City did not incorporate this suggestion as the Rules and Regulations are given to each Connections Participant. The Participants’ Handbook is lengthy and would not be able to be posted within the building.  Substance Use Disorders – The City did not include this section within the OA, but did house the Narcan requirement within 8(e). Narcan does not require specialized training now that it has been FDA approved for use OTC.  Smoke Free Environment – The City utilized this suggestion, but amended it to read that Connections shall follow the City’s Clean Air Act Ordinance to keep continuity of requirements within the City.  Staffing Minimum – The City incorporated part of Mr. Lauber’s suggestions here, but did not include the exact staffing required at the Margarita Inn as suggested by Mr. Lauber. The OA does call for 2 people on staff 24/7 and BOTH staff members must be trained in security, safety, de-escalation and life safety measures – This is an expansion of Mr. Lauber’s suggestions.  Record Keeping – The City took Mr. Lauber’s suggestion to require recording keeping, but simplified the language and is requiring that documents kept in the ordinary course of business be provided to the City upon request, subject to privacy and health laws.  Good Neighbor Policy – The City did not include any reference to the Good Neighbor Policy within the Operating Agreement. The City does not have the ability to enforce an agreement between Connections and the neighbors nor is this policy appropriately housed within an operating agreement for a Shared Housing License as it pertains to property standards.  Required Documents – The City, after speaking with Connections, was able to take Mr. Lauber’s suggestions and simplify them. The Operating Agreement calls for Connections to provide the Participant Handbook and the Program Operations Manual and any subsequent updates within 5 days.  Reporting Violations and Mistreatment – The City did incorporate Mr. Lauber’s suggestions here, but revised them slightly. Number 22 in the OA provides for a Page 22 of 23 Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 22 of 23 “Retaliation Prohibited” clause. It should be note that Connections has a Whistleblower policy already contained within the Participant Handbook.  Emergency Closing Order – The section was not included in the Operating Agreement as the City’s Shared Housing License Ordinance has provisions for license revocation within the City Code and this would be duplicative.  Insurance – This portion was almost entirely included. The suggestion about closing the facility and having the City relocate the Participants was removed.  State License or Certification & Reasonable Accommodation – Both of these suggestions are incorporated into the OA by requiring that Connections follow all local, state and federal laws. ABR Page 23 of 23 Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 23 of 23