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HomeMy WebLinkAbout12.10.18 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, December 10, 2018 Administration & Public Works (A&PW) Committee meets at 6 p.m. Planning & Development Committee (P&D) meets at 7 p.m. City Council meeting will convene at conclusion of P&D. ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Rue Simmons (II) Mayor Public Announcements and Proclamations (III) City Manager Public Announcements • Introduction of Evanston Police Department Commanders and Sergeants • Retirement of Martha Logan, Community Engagement Manager • Retirement of Richard Eddington, Chief of Police (IV) Communications: City Clerk (V) Public Comment Members of the public are welcome to speak at City Council meetings. As part of the Council agenda, a period for public comments shall be offered at the commencement of each regular Council meeting. Public comments will be noted in the City Council Minutes and become part of the official record. Those wishing to speak should sign their name and the agenda item or non- agenda topic to be addressed on a designated participation sheet. If there are five or fewer speakers, fifteen minutes shall be provided for Public Comment. If there are more than five speakers, a period of forty-five minutes shall be provided for all comment, and no individual shall speak longer than three minutes. The Mayor will allocate time among the speakers to ensure that Public Comment does not exceed forty-five minutes. The business of the City Council shall commence forty-five minutes after the beginning of Public Comment. Aldermen do not respond during Public Comment. Public Comment is intended to foster dialogue in a respectful and civil manner. Public comments are requested to be made with these guidelines in mind. 1 of 945 City Council Agenda December 10, 2018 Page 2 of 11 (VI) Special Orders of Business SPECIAL ORDERS OF BUSINESS (SP1)2019 City Council Goals City Manager requests that City Council continue its discussion of Council goals for 2019. For Action (SP2)Application for Appeal to City Council of Preservation Commission Decision Denying Certificate of Appropriateness for demolition of the Harley Clarke Mansion and Coach House at 2603 Sheridan Road The City Council may make a motion to accept the application for appeal. If a motion is made and adopted, the City Council shall affirm, modify or reverse the decision of the Preservation Commission within forty-five (45) days. If no motion to accept the application for appeal is made, the decision of the Commission shall be final. For Action (VII) Consent Agenda and Report of Standing Committees: Administration & Public Works - Alderman Rue Simmons Planning & Development - Alderman Wilson Human Services - Alderman Fleming Economic Development - Alderman Braithwaite Rules Committee - Alderman Fiske CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of October 29, 2018, November 5, 2018, November 12, 2018 and November 19, 2018. For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) Payroll – October 29, 2018 through November 11, 2018 $ 2,965,372.47 Payroll – November 12, 2018 through November 25, 2018 $ 2,874,863.60 Bills List – November 27, 2018 $ 3,921,011.32 Bills List – December 11, 2018 $23,336,386.14 For Action 2 of 945 City Council Agenda December 10, 2018 Page 3 of 11 (A2) Purchase of Insurance/Renewals – Property, Excess Liability & Excess Worker’s Compensation for Fiscal Year 2019 City staff recommends approval to purchase the outlined policies at a total cost of $556,524. The policies will renew all insurance coverage for the City of Evanston for Fiscal Year 2019. Both insurance brokers are in the third year of a three-year contract award to place insurance coverages. Premium quotations received reflected the tightening of insurance markets across all sectors. There was a slight increase in cumulative total pricing for all policies by $680, which excludes the workers compensation and the new policy for environmental liability. Funding will be from the following funds: Insurance Fund Account 605.99.7800.62615 in the amount of $525,000; and Workers’ Compensation Fund Account 605.9978000.66044 in the amount of $130,000. For Action (A3) 2018 Post Bond Issuance Report Staff recommends the City Council review and place the 2018 Post Bond Issuance Report on file. For Action: Accept and Place on File (A4) Contract with Amber Mechanical Contractors, Inc., for Chandler-Newberger Center HVAC Improvements Phase II Staff recommends City Council authorize the City Manager to execute a contract for the Chandler-Newberger HVAC Improvements Phase II Project with Amber Mechanical Contractors, Inc., (11950 S. Central Ave., Alsip, Illinois) in the amount of $362,000.00. This project will be funded from the Capital Improvement Fund which has an available budget of $565,000 for this project. A further breakdown of funding can be found on the corresponding transmittal memorandum. For Action (A5) Contract with Landmark Contractors, Inc. for Sherman Avenue Improvements Staff recommends City Council authorize the City Manager to execute a contract award for the Sherman Avenue Improvements Project (Bid #18-50) with Landmark Contractors, Inc. (11916 W. Main Street, Huntley, Illinois 60142), in the amount of $825,071.84. Funding is available through the Washington National TIF in the amount of $900,000 (Account No. 415.40.4218.65515- 418028). This improvement is being funded from projected savings in the Fountain Square construction project and through the use of additional available funds in the Washington National TIF fund. For Action 3 of 945 City Council Agenda December 10, 2018 Page 4 of 11 (A6) Three-Year Contract with Silk Screen Express, Inc. for AFSCME Uniforms Staff recommends the City Council authorize the City Manager to execute a purchase order in response to Bid #18-58 to award the 2019-21 AFSCME Uniform Contract to Silk Screen Express, Inc. (7611 W. 185th Street, Tinley Park, IL 60477) for a term of three years with a not to exceed amount of $187,500.00. Funding for 2019 will be from Public Works Agency- Clothing Fund (Account 100.40.4105.65020) with a FY19 YTD balance of $62,500. For Action (A7) Contract for Emergency Purchase and Installation of Equipment and Services for a Fire Suppression System at Service Center – Data Center with Phoenix Fire Systems Staff recommends City Council authorize the City Manager to execute an agreement for the emergency purchase of equipment and services to install a Kidde-Fenwal Novec 1230 Clean Agent Fire Suppression System at 2020 Asbury Service Center -Data Room with Phoenix Fire Systems (744 Nebraska Street, Frankfort, IL 60423) in the amount of $ 34,945.00. This project will be funded from the Capital Improvement Fund 2018 General Obligation Bonds (Account No. 415.40.4118.65515 - 618033). This will use funding set aside for Facilities Contingency, with a budget of $275,000 in FY 2018 and $120,039 remaining. For Action (A8) Sole Source Purchase of Equipment from Dell Technologies for Data Center Operations Infrastructure Upgrade Staff recommends City Council authorize the sole source purchase of three Dell PowerEdge servers, two EMC storage area network appliances, and additional related equipment from Dell Technologies (1 Dell Way, Round Rock, TX, 78682) in the amount of $141,173.44. This purchase enables IT to replace failing infrastructure in the city’s data center that support critical City services. Funding is provided by Capital Improvement Fund in the amount of $50,000 in 2018 General Obligation Bonds and $91,173 from the 2019 Capital Improvement Fund using funding approved in the FY 2019 Adopted Budget. For Action (A9) 2019-2021 Renewal of Building Automation Service Agreement for HVAC Systems with Schneider Electric Staff recommends City Council authorize the City Manager to execute a three- year, single source service agreement for the Building Automation System (BAS) with Schneider Electric (17475 Palmer Blvd., Homewood, IL 60430) in the amount of $36,167.00 for FYI 2019, $37,005.00 for FYI 2020 and $37,869.00 for FYI 2021 to cover hardware/software and service visits for HVAC systems in 16 City buildings and properties. Initially in 2019 this is about a 27% increase from 2018 due to the addition of coverage for 8 more locations. In following years 2020 and 2021 this is less than a 3% increase each year. Funding will be from the Facilities Fund (Account 100.19.1950.62509). For Action 4 of 945 City Council Agenda December 10, 2018 Page 5 of 11 (A10) Second One-Year Extension for the Management and Operations of Three Self-Park Facilities with SP+ Municipal Services Staff recommends that City Council authorize the City Manager to extend the contract for the Management and Operations of three City owned Self-Park Facilities to SP+ Municipal Services (200 East Randolph Street, Suite 5475, Chicago, IL 60601) in the amount of $1,530,198 for 2019 with no additional extensions (RFP #15-65). Funding for the contract will be provided by the following Parking Fund accounts: Church Street Garage (505.19.7025.62400); Sherman Avenue Garage (505.19.7036.62400); and Maple Avenue Garage (505.19.7037.6240). For Action (A11) Resolution 111-R-18, One-Year Lease Agreement for Office Space at the Lorraine H. Morton Civic Center Staff recommends City Council adoption of Resolution 111-R-18 authorizing the City Manager to negotiate the lease of office space with Evanston Development Cooperative (EDC) at the rate of $324.50 per month for 12 months beginning January 2, 2019 for 275 square feet of space on the third floor of the Civic Center, Suite 3601. For Action (A12) Resolution 107-R-18, Eight-Month Lease Renewal with Mudlark Theatre for Space at the Noyes Cultural Arts Center Staff recommends City Council approval of Resolution 107-R-18 authorizing the City Manager to enter into an agreement for an eight (8)-month renewal lease with Mudlark Theatre for space at the Noyes Cultural Arts Center. The monthly rental rate is $3,183.62, which includes a 2% increase from 2018 rates. For Action (A13) Resolution 108-R-18, Nine-Month Lease with Evanston Children’s Choir for Studio Space at Noyes Cultural Arts Center Staff recommends City Council approval of Resolution 108-R-18 authorizing the City Manager to enter into an agreement for a nine (9)-month renewal lease with Evanston Children’s Choir for studio space at the Noyes Cultural Arts Center. The monthly rent rate is $1,362.92, which include a 2% increase from 2018 rates. For Action (A14) Resolution 106-R-18, Twelve-Month Lease Agreements for Studio Space at Noyes Cultural Arts Center Staff recommends City Council approval of Resolution 106-R-18 authorizing the City Manager to enter into twenty-two (22) renewal agreements for a twelve (12) month lease for the artist leases for studios at the Noyes Cultural Arts Center. Fees include a two percent (2%) rental rate increase from 2018 rates. For Action 5 of 945 City Council Agenda December 10, 2018 Page 6 of 11 (A15) Resolution 110-R-18, Amendment to the Purchase and Sale Agreement for the City-Owned Real Property Located at 1714-20 Chicago Avenue to Chicago Avenue Partners, LLC Staff recommends City Council approval of Resolution 110-R-18, “Authorizing the City Manager to Amend the Purchase and Sale Agreement for the City-Owned Real Property Located at 1714-20 Chicago Avenue to Chicago Avenue Partners, LLC” The first amendment to the contract, executed in July 2018 established an approval period which expires at 5:00 p.m. Central Time on December 12, 2018. For Action (A16) Resolution 109-R-18, Authorization to Negotiate and Execute an Easement for Existing Sidewalk in the Alley Adjacent to 324 Dempster Street Staff recommends City Council adopt Resolution 109-R-18 authorizing the City Manager to execute an easement agreement with the property owner of 324 Dempster Street for a two-and-a-half feet wide by seventy five feet long easement in the alley adjacent to property. The easement would be granted for a 50 year period. For Action (A17) Ordinance 121-O-18, Donation of Ambulance to the North Regional Major Crimes Task Force Organization Staff recommends that City Council adopt Ordinance 121-O-18, directing the City Manager to donate an ambulance owned by the City to the North Regional Major Crimes Task Force, Major Crash Assistance Team. This vehicle has been determined to be surplus as a result of a new vehicle replacement being put into service. For Introduction (A18) Ordinance 122-O-18, Authorization to Negotiate a Redevelopment Agreement and the Sale of City Property at 2222 Oakton to Clark Street Real Estate, LLC Staff recommends City Council approval of Ordinance 122-O-18, “Authorizing the City Manager to Negotiate a Redevelopment Agreement and the Sale of City- Owned Real Property Located at 2222 Oakton Street with Clark Street Real Estate, LLC”. A two-thirds majority of City Council is required to adopt Ordinance 122-O-18. Due to the single meeting in December, City Manager requests suspension of the Rules for Introduction and Adoption at the December 10, 2018 City Council meeting. For Introduction and Action 6 of 945 City Council Agenda December 10, 2018 Page 7 of 11 (A19) Ordinance 153-O-18, Amending City Code Section 3-4-6(E) to Allow for Sale of Alcoholic Liquor Greater than 6.76 Fluid Ounces and Wine Greater than 6.32 Fluid Ounces Liquor License Commissioner recommends City Council adoption of Ordinance 153-O-18, amending City Code Section 3-4-6(E) to allow for sale of alcoholic liquor greater than 6.76 fluid ounces and wine greater than 6.32 fluid ounces. Mayor Stephen H. Hagerty requests suspension of the rules for Introduction and Action at the December 10, 2018 City Council meeting. For Introduction and Action (A20) Ordinance 154-O-18, Amending City Code Section 3-4-6(L) to Allow for Sale of Alcoholic Liquor Greater than 6.76 Fluid Ounces and Wine Greater than 6.32 Fluid Ounces Liquor License Commissioner recommends City Council adoption of Ordinance 154-O-18, amending City Code Section 3-4-6(L) to allow for sale of alcoholic liquor greater than 6.76 fluid ounces and wine greater than 6.32 fluid ounces. Mayor Stephen H. Hagerty requests suspension of the rules for Introduction and Action at the December 10, 2018 City Council meeting. For Introduction and Action (A21) Ordinance 155-O-18, Amending City Code Section 3-4-3(O) to Allow for Sale of Wine Greater than 6.32 Fluid Ounces Liquor License Commissioner recommends City Council adoption of Ordinance 155-O-18, amending City Code Section 3-4-3(O) to allow for the sale of wine greater than 6.32 fluid ounces. Mayor Stephen H. Hagerty requests suspension of the rules for Introduction and Action at the December 10, 2018 City Council meeting. For Introduction and Action (A22) Ordinance 156-O-18, Increasing the Number of Class D Liquor Licenses for Lao Sze Chuan located at 1633 Orrington Avenue Local Liquor Commissioner recommends City Council adoption of Ordinance 156-O-18, amending Class D Liquor License from fifty-one to fifty-two for Fortune Cookie Group, Inc., d/b/a Lao Sze Chuan, 1633 Orrington Avenue. Alderman Fiske requests suspension of the rules for Introduction and Action at the December 10, 2018 City Council meeting. For Introduction and Action (A23) Ordinance 157-O-18, Increasing the Number of Class H Liquor Licenses for Colectivo Coffee located at 716 Church Street Local Liquor Commissioner recommends City Council adoption of Ordinance 157-O-18, amending Class H Liquor License from one to two for Colectivo Coffee Roasters, Inc., d/b/a Colectivo Coffee, 716 Church Street. Alderman Fiske requests suspension of the rules for Introduction and Action at the December 10, 2018 City Council meeting. For Introduction and Action 7 of 945 City Council Agenda December 10, 2018 Page 8 of 11 (A24) Ordinance 161-O-18, Amending City Code Section 10-11-18 and 10-11-22 – Resident Parking Only Districts The Transportation/Parking Committee and Staff recommend City Council adopt Ordinance 161-O-18, amending City Code Section 10-11-18 Schedule XVIII(Q) and Section 10-11-22 Schedule XVIII(C), Residents Parking Only Districts, to for District S to become EVS District 3 with a review of the changes after six months to be presented to the Transportation/Parking Committee in the second half of 2019. For Introduction (A25) Ordinance 150-O-18 Amending Section 9-2-3 (B) of the Evanston City Code, Increasing Fire Department Transport Fees City staff requests City Council adoption of Ordinance 150-O-18 amending Section 9-2-3 of the Evanston City Code, increasing the ambulance transport fees. Ordinance 150-O-18 was Introduced at the November 12, 2018 Administration & Public Works Committee and City Council, but was requested to return to the Committee for further discussion and final Action. For Action (A26) Ordinance 132-O-18, Increasing the Number of Class D Liquor Licenses for Tuko Cantina at 817 University Place Local Liquor Commissioner recommends City Council adoption of Ordinance 131-O-18, amending Evanston City Code Subsection 3-4-6 (D) to increase the number of Class D Liquor Licenses from fifty-one (51) to fifty-two (52) and permit issuance of a Class D license to 817 University LLC, d/b/a Tuko Cantina located at 817 University Place. For Action PLANNING & DEVELOPMENT COMMITTEE (P1) Vacation Rental License for 1516 Crain Street City staff recommends approval of a Vacation Rental License for the property located at 1516 Crain Street. The Vacation Rental meets all of the Standards and Procedures for license approval. For Action (P2) Ordinance 158-O-18, Extending the Time for Applicant to Obtain a Building Permit to Construct the Planned Development at 1815 Oak Avenue Staff recommends adoption of Ordinance 158-O-18 to extend the time for commencement of construction of the Planned Development at 1815 Oak Avenue, originally approved on July 25, 2016. The Ordinance would grant a one- year extension for building permit issuance to December 10, 2019. Alderman Braithwaite requests suspension of the rules for Introduction and Action at the December 10, 2018 City Council meeting. For Introduction and Action 8 of 945 City Council Agenda December 10, 2018 Page 9 of 11 (P3) Ordinance 139-O-18, Granting Major Variations at 1943 Sherman Avenue in the R5 General Residential Zoning District The Zoning Board of Appeals recommends denial and staff recommends approval of Ordinance 139-O-18 authorizing major variations for a 22’ rear yard setback where 22.5’ is required for a three-story stair, and an increase of zero additional parking spaces where 3 additional parking spaces are required for the conversion of a single family residence to a 3-unit multiple family residence in the R5 General Residential District. For Introduction (P4) Ordinance 160-O-18, Granting Landmark Status to the Building and Lot of Record at 1225 Asbury Avenue The Preservation Commission and City staff recommend approval of Ordinance 160-O-18 Designating 1225 Asbury Avenue (building and lot) as an Evanston Landmark. For Introduction (P5) Ordinance 112-O-18 Granting Major Zoning Relief for Building Lot Coverage, Setbacks, and Open Parking at 2626 Reese Avenue City staff recommends adoption and the Zoning Board of Appeals recommends denial of Ordinance 112-O-18 for major zoning relief in the R1 Single Family Residential District. This item was held in committee at the November 12, 2018 Planning and Development Committee meeting. Since the meeting the applicant has met with staff and expressed that he would submit multiple revised options to construct a single family dwelling on the lot. The applicant intends to invite neighbors to a meeting with staff where the neighbors could offer input about the revised options prior to returning to the Planning and Development Committee in January. Therefore, staff recommends that the Planning and Development Committee table this item until January 14, 2019. For Introduction HUMAN SERVICES COMMITTEE (O1) Resolution 103-R-18, Designating the Portion of Emerson Street between Wesley Avenue and Asbury Avenue with the Honorary Street Name Sign, “Nathan Haliburton, Jr. Way” The Human Services Committee and staff recommend City Council adoption of Resolution 103-R-18, naming the portion of Emerson Street between Wesley Avenue and Asbury Avenue with the Honorary Street Name Sign, “Nathan Haliburton, Jr. Way.” Three street signs are made for the honoree. One sign is installed at each end of the designated one block area and the third sign is given to the honoree. The approximate total cost to create all three signs is $200. Funds for these honorary street name signs will come from the 2019 Public Works Agency/Traffic Operations' Materials Fund (Account 100.40.4520.65115), which has a 2019 budget of $58,000. For Action 9 of 945 City Council Agenda December 10, 2018 Page 10 of 11 (O2) Resolution 105-R-18, Adopting the City of Evanston Climate Action and Resilience Plan Human Services Committee and staff recommend City Council approval of Resolution 105-R-18 adopting the Climate Action and Resilience Plan and the goals therein. For Action (O3) Ordinance 152-O-18, Amending Title 8, Chapter 6, Food Service and Retail, Food Store Sanitation Human Services Committee and staff recommend City Council adopt Ordinance 152-O-18, amending Title 8, Chapter 6 of the Evanston City Code. This action will align the City Code to the State’s amendment to the Illinois Food Service Sanitation Rules and Regulations which mandates the adoption of the 2017 U.S Food and Drug Administration Code, FDA, and all subsequent editions and amendments for all Illinois local health departments. The State’s amendment will be effective January 2019, requiring Inspectors to conduct FDA based inspections at Evanston’s licensed food establishments. For Introduction RULES COMMITTEE (O4) Ordinance 140-O-18, Amending City Code Section 2-13-1, “Board Establishment and Composition” of the Animal Welfare Board Rules Committee and staff requests City Council adoption of Ordinance 140-O- 18 amending Section 2-13-1 “Board Establishment and Composition” of the Animal Welfare Board, reducing the number of members from seven (7) to six (6), and the number of City Council members from two (2) to one (1). For Action APPOINTMENTS (APP1)For Appointment to: Housing & Community Dev. Act Committee - Hugo Rodriguez Hugo Rodriguez is a 14-year resident of Evanston and is a licensed real estate broker with more than 30 years of experience. He currently serves on the Professional Standards Committee for the Chicago Association of Realtors as well as on the board of directors for Association House of Chicago, a non-profit organization providing multi-lingual programming and opportunities for educational and economic advancement. Hugo is an advocate for affordable housing and has worked with the City of Chicago on its Neighborhood Stabilization Program. 10 of 945 City Council Agenda December 10, 2018 Page 11 of 11 Parks, Recreation & Community Service Bd. - Daniel Featherson Daniel Featherson is a 30-year resident of Evanston. As a managing broker with Sky High Real Estate, Daniel has considerable knowledge of the local real estate market and specializes in selling residential properties in Evanston. In addition to his work in real estate, Daniel also manages a youth football program in the city. Parks, Recreation & Community Service Bd. - Tracy Long Tracy Long is area vice president for Johnson Controls, a Fortune 500 company. She has lived in Evanston for more than two years, where her children are active participants in Evanston Parks, Recreation and Community Services and Library programming, including ecology camp and tennis camp. Tracy holds an MBA from the Stanford Graduate School of Business and a B.A. in Social Studies from Harvard College. Parks, Recreation & Community Service Bd. - Edmund Moran Edmund Moran served as Evanston’s 6th Ward alderman for 18 years, from 1991 to 2009. In addition to his service on the City Council, Edmund spent many years as a manager and coach of Evanston youth baseball teams, and served as president of the Evanston Youth Hockey Association. He holds a J.D. from Loyola University Chicago Law School and a B.A. from the University of Notre Dame. For Action (VIII) Call of the Wards (Aldermen shall be called upon by the Mayor to announce or provide information about any Ward or City matter which an Alderman desires to bring before the Council.) {Council Rule 2.1(10)} (IX) Executive Session (X) Adjournment MEETINGS SCHEDULED THROUGH DECEMBER 2018 Upcoming Aldermanic Committee Meetings 12/13/2018 9:30 AM Joint Review Board Meeting 12/18/2018 7:00 PM Housing & Community Development Act Committee 12/19/2018 6:30 PM M/W /EBE Development Committee 12/20/2018 6:30 PM Equity & Empowerment Commission Information is available about Evanston City Council meetings at: www.cityofevanston.org/citycouncil. Questions can be directed to the City Manager’s Office at 847-866-2936. The City is committed to ensuring accessibility for all citizens. If an accommodation is needed to participate in this meeting, please contact the City Manager’s Office 48 hours in advance so that arrangements can be made for the accommodation if possible. 11 of 945 For City Council meeting of December 10, 2018 Item SP1 2019 City Council Goals For Action To: Honorable Mayor and Members of the City Council From: Wally Bobkiewicz, City Manager Subject: 2019 City Council Goals Date: December 4, 2018 Recommended Action The City Manager requests that the City Council continue its discussion of Council goals for 2019. Attached are the 2018 City Council Goals. In addition, the City Council will provide the City Manager with direction on objectives to be implemented in 2019 in January, 2019. Attachments 2018 City Council Goals Memorandum 12 of 945 Invest in City Infrastructure and Facilities Enhance Community Development and Job Creation Citywide Expand Affordable Housing Options Further Police/Community Relations Initiatives Ensure Equity in All City Operations Stabilize Long-term City Finances Mission Statement The City of Evanston is committed to promoting the highest quality of life for all residents by providing fiscally sound, responsive municipal services and delivering those services equitably, professionally, and with the highest degree of integrity. Vision Statement Creating the Most Livable City in America Organizational Values • Excellent Customer Service • Continuous Improvement • Integrity • Accountability 2018 City Council Goals 13 of 945 For City Council meeting of December 10, 2018 Item SP2 Appeal to City Council of Preservation Commission Decision Denying Certificate of Appropriateness for demolition of the Harley Clarke mansion and coach house at 2603 Sheridan Road For Action To: Honorable Mayor and Members of the City Council From: Johanna Leonard, Director of Community Development Scott Mangum, Planning and Zoning Administrator Carlos Ruiz, Senior Planner/Preservation Coordinator Subject: Application for Appeal to City Council of Preservation Commission Decision Denying Certificate of Appropriateness for demolition of the Harley Clarke mansion and coach house at 2603 Sheridan Road Date: November 29, 2018 Recommended Action The City Council may make a motion to accept the application for appeal. If a motion is made and adopted, the City Council shall affirm, modify or reverse the decision of the Preservation Commission within forty-five (45) days. If no motion to accept the application for appeal is made, the decision of the Commission shall be final. Livability Benefits Built Environment: Provide compact and complete streets and neighborhoods Education, Arts, and Community: Preserve and reuse historic structures and sites Summary At its October 23, 2018 special meeting, following Wally Bobkiewicz’s presentation on behalf of the City of Evanston, public comments and discussion, the Preservation Commission voted 10-0 to deny a Certificate of Appropriateness for the demolition of the Harley Clarke mansion and coach house at 2603 Sheridan Road, a designated Evanston landmark and located within the Northeast Evanston Historic District, listed in the National Register of Historic Places. Staff submits the Preservation Commission’s findings, adopted November 13, 2018, and the application for Appeal, filed November 20, 2018. Pursuant to City Code Subsection 2-8-8(G), "Appeals," the City Council may make a motion to accept the application for appeal and subsequently affirm, modify or reverse the decision of the Commission within forty-five (45) days. If no motion to accept the Memorandum 14 of 945 2 application for appeal is made, the decision of the Commission shall be final. Attachments - Application for Appeal submitted by Wally Bobkiewicz, City Manager, on November 20, 2018 - Preservation Commission findings, adopted November 13, 2018 - Link to the Commission’s findings with materials submitted prior to and at the October 23, 2018 special meeting: 2603 Sheridan Findings & Materials (takes several seconds to download) - Draft Preservation Commission special meeting minutes, October 23, 2018 - Draft Preservation Commission meeting minutes (Excerpt), November 13, 2018 15 of 945 16 of 945 17 of 945 18 of 945 19 of 945 20 of 945 21 of 945 22 of 945 Page 1 of 13 EVANSTON PRESERVATION COMMISSION FINDINGS ON APPLICATION OF CERTIFICATE OF APPROPRIATENESS FOR THE DEMOLITION OF THE HARLEY CLARKE MANSION AND COACH HOUSE AT 2603 SHERIDAN ROAD November 13, 2018 APPLICANT’S PRESENTATION On October 23, 2018, Wally Bobkiewicz, City Manager, presented the application for certificate of appropriateness for demolition of the Harley Clarke mansion and coach house at 2603 Sheridan Rd. an Evanston landmark located within the Federal Northeast Evanston Historic District. City Manager Bobkiewicz provided a brief history of the property: ● 1927 - House built. Harley Clarke lived there. ● 1951-1965 –National headquarters of Sigma Chi Fraternity. ● 1965-2015 – City purchased the property and leased the mansion to the Evanston Arts Center (EAC). ● 2011 – City Council directed City Staff to identify other uses for the mansion ● 2012-2013 – The City issued an RFP for the use of the property. The City received one response from Tawani to purchase and renovate the property. In 2013 the City Council rejected the proposal. ● 2013-2015 – The Illinois Department of Natural Resources (IDNR) approached the City about relocating state programs to Harley Clarke; change in governorship resulted in request being withdrawn. ● 2015 - Citizens Committee was formed to study uses for the mansion. Report is made to City Council. City Council discontinued any further discussions. ● 2016 - City Council approves proposal for City to keep property and allocate $250,000 for improvements. Those funds were not used for improvements to the mansion but instead were used for repairs to the two Fog Houses adjacent to the Harley Clarke property. Harley Clarke Planning Committee was formed to discuss next steps. ● 2017 - RFPs Issued Seeking Qualified Non-Profit Entity to lease the mansion; One response received from Evanston Lakehouse and Gardens (ELHG) ● 2018 – City Council rejected the lease. ● June – August 2018 - Evanston Lighthouse Dunes (ELD) proposes to fund demolition of the Harley Clarke Mansion and Coach House in an amount not to exceed $400,000. City Council approves a Memo of Understanding (MOU) with ELD and proceeds with filing the Certificate of Appropriateness application required to demolish the mansion. City Manager Bobkiewicz continued presenting the standards for review of demolition in the City Code Title 2, Section 2-8-9 (D) 4. 23 of 945 Page 2 of 13 ● The Harley Clarke mansion and coach house are not prime examples of one particular architectural style or design. ● The design can be reproduced, which is a standard that permits demolition. And City Code Title 2, Section 2-8-9 (D) ● The buildings require a significant amount of financial expenditures to resolve current property code violations. ● Financial hardship must be considered as reason for demolition. City Manager Bobkiewicz listed the building’s physical deteriorating condition and building code deficiencies as follows: DETERIORATING CONDITION • Evanston Arts Center did not perform the necessary maintenance, repair or renovation work needed to keep the mansion in proper working condition. • Main house remains vacant; the coach house is in extremely deteriorated condition. • Current state presents a danger to persons inhabiting or visiting the property. • A 2012 & 2015 building inspection identified multiple mechanical and plumbing code violations resulting in repair estimates from $430,000 to $600,000. Repairs would only make the house code-compliant as a single family home. Achieving building code compliance for a new stated use would trigger additional repairs/remodeling based on that specified use (ex. bathroom count per floor, accessibility, etc.) MECHANICAL AND PLUMBING CODE VIOLATIONS Walk through inspection was conducted to assess plumbing and mechanical systems on November 6, 2015. The following violations were identified: • RPZ backflow preventer is leaking. • Likely require boiler replacement and new radiator on third floor. • Second and third floor bathroom remodel to meet ADA requirements. • Suspected asbestos in basement boiler mains. ELECTRICAL CODE VIOLATIONS • Replace all painted and worn lighting switches and receptacle devices. • Open wiring found on all levels of the property, including missing junction box covers, lighting outlets, and Wiremold raceway fittings. • Provide Ground Fault Circuit Interrupter for all receptacles within 6’ of water. • Replace incandescent track lighting and fluorescent fixtures with high efficacy luminaires. • Repair ungrounded receptacles on first and second floors. Need to identify issue for missing ground and fix or risk an electrical fire. City Manager Bobkiewicz concluded his presentation citing City Code Section 2-8-9(D) 6: 24 of 945 Page 3 of 13 • The demolition of the buildings will result in open lakefront land which will restore the original condition of the property to its natural state. • Represents the lakeshore in the early days when no buildings were present. Per the City's application Section B (1): "Further, the buildings in their current state present a danger to persons inhabiting or visiting the property. There are multiple property code violations that require a significant amount of financial expenditure to resolve. This financial burden and hardship must be considered with the demolition proposal as set forth in City Code 2-8-9 (D) (5). For your review, this application also submits correspondence which highlights a series of property issues, although the items listed are not exhaustive of all building code issues. To reiterate, remediating or repairing these requires great difficulty and expense." PUBLIC COMMENT The Commission heard the comments of 37 people who spoke against the demolition of the mansion and the coach house and the comment of one person in favor of the demolition. Chair Williams acknowledged receipt of written communications in favor of retaining the mansion and/or denial of the certificate of appropriateness for demolition from: Aaron Packman (Professor of Civil Engineering at Northwestern); Beth Lange; Allison Toonen- Talamo and Sebastian Koprowski; Paul Janicki; Sara Schastok; Bonnie McDonald (Landmarks Illinois); Alan Leder, Former Executive Director of the Evanston Arts Center; Anne Sullivan, Program Chair in Historic Preservation of the Art Institute; Preservation League of Evanston (Mary Brugliera, Paul Janicki, Emily Guthrie and Sheryl Connelly); Neal Vogel from Restoric; Brad White; Charles Birnbaum (Cultural Landscape Foundation); Jack Weiss (Design Evanston); Jennifer Sandy (National Trust for Historic Preservation); Mario Machnicki (US Heritage Group); Mark Sloan (Central Street Neighbors Association); Peter DeMuth (Southeast Evanston Association); Michelangelo Sabatino (Dean of the IIT College of Architecture); and Peter Babaian (Simpson Gumpertz & Heger). The public comments included presentations by representatives of Landmarks Illinois detailing the significance of the Harley Clarke mansion and the physical conditions of the building. Additional comments were provided by architects, engineers, landscape architects, and preservation historians with familiar with the building as consultants to the City or as representatives of groups other than Landmarks Illinois. These professionals as well as local residents of the Harley Clarke area or other parts of Evanston highlighted the history and architectural features of the building and the surrounding gardens, and notable aspects of Mr. Harley Clarke’s career and importance. A summary of these comments follows:  Bonnie McDonald, President and CEO of Landmarks Illinois. Her organization has assisted Evanston residents for four years to save the Harley Clarke mansion and develop a re-use plan. They urge the Commission to deny the 25 of 945 Page 4 of 13 City’s request the COA to demolish the mansion. The Mansion is an Evanston designated landmark for which the City is charged with protecting. It is listed in the National Register of Historic Places. The City’s application is flawed and erroneously presenting that the buildings are a danger to persons and repairing it requires great difficulty or expense. There is no evidence to support this. The application describes the building in good working order and needing minor inexpensive repairs. An updated examination by appropriate experts is necessitated. A request to access the building with experts, architects, engineers, and contractors to examine the mansion’s interior and exterior condition was denied by City Council. Many experts will demonstrate this evening that the mansion continues to meet the Evanston landmark criteria and there is no cause to award a certificate of appropriateness (COA) for its demolition. Asked the Commission to vote to deny the demolition application  Anthony Borich, Partner at Jenner & Block and an attorney representing Landmarks Illinois stated that access to the mansion and coach house should be provided to Landmarks Illinois experts, as had been noted by Bonnie McDonald and as denied by the City Council. ; objected to the proceeding; requested findings of the EPC, in writing, resulting from inspections by Commissioners conducted on October 20, 2018; do not believe assertions by CMO were supported.  Lisa DiChiera, Director of Advocacy for Landmarks Illinois, citing Standards #1 and #2, indicated that demolition of Harley Clarke will result in a loss of heritage, architecture, and landscape and would set a poor precedent for historic preservation. Preservation of the mansion relates to jobs, economic investment and the environment  Anne McGuire, AIA, Evanston architect with McGuire Igleski & Associates concurred with other comments. She testified that her firm had been hired in 2012 by the City of Evanston to assess the Harley Clarke property and evaluate code compliance. No major deficiencies were found and, in conclusion, she felt that the mansion is safe and repairable  Stuart Cohen, FAIA, Evanston architect with Cohen & Hacker Architects LLC, architectural historian and Professor Emeritus of Architecture at UIC, read a statement from Susan Benjamin, noted North Shore architectural historian, in opposition to the proposed demolition. Harley Clarke is one of 42 properties included in the book “North Shore Chicago: Houses of the Lake Front Suburbs”, which include an essay devoted to the Harley Clarke house  Julia Bachrach, historian and preservation planner, stated that demolition should be denied based on 4 standards, Furthermore, that the Jens Jensen’s landscape is among one the most important historic landscapes resources that remain today  Audrey Niffenegger, former student and instructor at the Evanston Art Center, stated that Harley Clarke is an important cultural and history place for artists  Tom Hodgman, Board President of Evanston Lake House and Gardens (ELHG) spoke of the cultural significance and future of the mansion. That his group had 1500 supporters, over 140 donations to re-use the mansion, and that 2000 26 of 945 Page 5 of 13 individuals signed a petition asking the City Council to not demolished the building  Michelangelo Sabatino, Dean of the College of Architecture, Illinois Institute of Technology, testified that demolition will attract negative attention and that standards 1, 2, 3 are relevant when arguing against demolition. Furthermore, that demolition deprives us of an important part of their collective memory; that the Harley Clarke mansion is part of the shoreline; and demolition undermines the preservation ordinance  Neil Vogel, historic preservation expert with Restoric, LLC, indicated that the cost estimate to repair the steel windows has been overstated and that the detailing on the Harley Clarke structures is special and better than any other landmark  Paul Janicki, Evanston architect with Paul Janicki Architects, discussed Standard #1 and the architectural significance of the mansion as the entry to Evanston from North and, in relation to Standard #4 that there are few examples left in region of this architectural style and construction and that it cannot be cannot be easily reproduced  Edward Gerns, Principal and Preservation Architect at Wiss Janney Elstner stated that the building is in good condition  Peter Babaian, restoration structural engineer and Partner at Simpson Gumpertz & Heger, indicated that he had inspected the exterior of the buildings and found no structural damage and there was no evidence of imminent danger.  Brad White, Evanston resident and former author of Preservation Ordinance testified that he was embarrassed by the City’s presentation, that it shows a lack of respect for the Preservation Commission and for this process. Furthermore the City had not addressed the Standards #6 as to any plan for future  Emily Barton of the City of Chicago for the Historic Preservation Division stated that she had written SAIC master’s thesis in preservation on the Harley Clarke mansion. Having been in the building previously, she found the required repairs and restoration is no different from what is typically needed. She cited adaptive reuse for the mansion as it was done with historic buildings in Chicago  Mary McWilliams, former member of Evanston Preservation Commission reiterated that, in 1981, the Harley Clarke mansion was designated a landmark under three criteria: high quality of design; exemplify the work of a prominent architect; and exhibited distinctive design. Furthermore, she indicated that demolishing the building will be detrimental to the public interest; and that Susan Benjamin, Architectural historian and author, had declared the Harley Clarke house to be the grandest French eclectic style house in the Northeast Evanston historic district  Virginia Beatty, local historian and radio personality indicated that the Harley Clarke structure sits on five acres that were part of 1,280 acres given to a local native-American woman in 1829. Beatty stated: “Think about history, what’s been there and what would this history be if the Harley Clarke is torn down? Could it be a monument to women who have built Evanston ?”  Carl Klein, Evanston resident, referred to the City’s 2000 Comprehensive Plan, cited and relied on by the Illinois Appellate Court in 2015 as a codified plan , 27 of 945 Page 6 of 13 wherein “…Evanston should seek to preserve the structures and environments which have given the community much of its physical appeal and special visual character…”  Lori Keenan, with Save Harley Clarke, indicated, as a representative of those in support of saving building, that citizens have volunteered to pay $15K annual maintenance, working to reuse with state officials to re-use Harley Clarke  Sarah Schastok, PhD, art historian and Evanston resident, fundraising consultant to ELHG, also former President & CEO of the Evanston Community Foundation, spoke of the distinctive features of house, fine architecture provides spaces that go beyond mere shelter, they house our spirits while encouraging them to roam and to soar, and this is what happens at Harley Clarke as a public building, and offers such experiences to our community  Allison Toonen-Talamo, architect with the restoration structural engineering firm of Klein Hoffman, assessed the structural foundation and landscape. She indicated that, at a community in the same situation, they developed a history and support system for their property that is now is thriving and generating more business than anticipated. Harley Clarke should be treated as a gem and rarity.  Gregory Dowell, architect with Wiss Janney Elstner and co-author of WJE Harley Clarke report prepared for Landmarks Illinois, stated that the condition of Harley Clarke does not meet standard 5, i.e., that it is unsafe or imminently hazardous, and that the building can be restored. It should mothballed if can’t be reuse now  Nicole Kustok, representing the Lighthouse Dunes Group (LDG) testified that, by removing both structures at 2603 Sheridan Road, we would be preserving the lakefront and spotlighting the Grosse Pointe lighthouse, a National Historic Landmark that she claims is obstructed from the public view by the Harley Clarke home and coach house. There are three options to fund operation costs: taxes, philanthropy, or commercialization. No one wants raise taxes to support the house. Removing Harley Clarke results in parkland, freely accessible and equitable for all of Evanston  Evy Russell, local resident of the area, maintained that views of the Lighthouse are not obstructed by Harley Clarke, that taxes are not affected because of funds to maintain it, maintenance cost are $150,000 and $200,000 has been raised. The house is not a danger  Mario Machnicki, President of US Heritage Group and Restorations by Marion, stone masons, stated that he has travelled the world and found unusual details in this building not seen elsewhere. His work today is training masons. Unfortunately, there are no masons that could build such a beautiful building. The materials used at Harley Clarke ranging from mortar to the brick and stone use, as well as the style or technique of setting these materials are very unusual. The building is a sanctuary to learn about the traits of the past and craftsmanship  Tom Riley stated that he and his wife chose to live in Evanston because its reputation as “preservation city”. He believes are better alternatives than tearing down the building  Barb Riley had attended Open House Chicago and viewed other repurposed buildings. She and her husband own a building older than Harley Clarke and feel that they are held to higher standards than City is regarding preservation 28 of 945 Page 7 of 13  Allie Harned with Save Harley Clarke (SHC), formed in July 2018, stated that her organization gathered over 3,300 signatures of support in just 10 days. They received donations from as far as Oregon, New York, and Pennsylvania. The building is not a teardown. Harley Clarke could became an economic engine for a thriving community  Jen Shadur, with SHC, testified that Harley Clarke was a self-made man, philanthropist for the arts, educational pioneer for film in education. In 1918 Mr. Clarke started the Society for Visual Education and funded a study in Evanston schools, including Foster School. This study proved the worth of motion pictures in education and its curriculum influenced educational methodologies nationwide  Ray Friedman, agreed with all other speakers except for Ms. Kustok. The residents want to save the mansion and use the mansion. It would not cost anything extra to the City because it is privately funded  Betty Ester, first learned about the building when she moved to Evanston 26 years ago. The photo of Harley Clarke was used promoting affordable house as a ‘dream house,’ but then the message would say, ‘but this is the house one could afford with the program.’  Madeline Gelis, Emeritus Board Member of Landmarks Illinois quoted Albert Einstein “In the middle of difficulty lies opportunity.” She asked whether Einstein would have been in favor of demolishing a mansion for the opportunity of more lawn given that he stated: “It’s not that I am so smart, it’s just that I stay with problem longer.” She appeal ed to Evanston elected officials to allow citizens of Evanston stay with this problem longer and help them solve it  Patrick Donnelly, ELHG and film producer asked what the Preservation Commission do when overruled, He also stated that the building is not unsafe, that money is available for other projects, and that money could have been raised during the last three years for the building  Jeff Smith, Evanston attorney, speaking to Standard 5, indicated the building is not only usable, but it has been used for many events from 2009-2015. Furthermore, it is not unsafe. The building was in good condition when the Department of Natural Resources (DNR) made an offer to buy the property building. DNR believes in conservation. The building is sound and original  Bennett Johnson, past President of the Evanston NAACP chapter, spoke to the intent by Lighthouse Dunes Group of returning the property to its natural state. He recalled having lived on Milburn St. as child. In a photograph with his sisters and cousins facing the water, there was no beach. He believes the idea to returning to its natural state is a fallacy. Regarding demolition, there was a cost limit on City expenditure (for demolition, cleanup, site remediation, construction, and restoration) suggested and passed by City Council to demand that the LDG pay for all the cost. However, this limit was not included in the memorandum of understanding and, as a result, there is no limit. The cost may eventually be held by the City for the demolition. Restoring the building will create an economic engine, not only jobs but income and activity that will bring money into the City and people. If the building is saved it will have public access to all the people  Ben Gasbarra, documentarian, indicated that demolition shouldn’t be considered when adaptive reuse is a possibility, it is unique building for small group 29 of 945 Page 8 of 13 programming. He read a letter from One Community Museum a group interested in the property. Their mission is to build a national network of community-based facilities museums which offer the public equitable opportunities for experiential learning COMMISSION’S DISCUSSION Commissioner Dudnik asked the City Manager as to what maintenance had been performed on the exterior of the building by th e City under the terms of the City’s lease with the Evanston Art Center. City Manager Bobkiewicz said the maintenance was mostly on window issues and moisture entering the building, although no evidence of such maintenance was presented. Commissioner Dudnik indicated that he has trained building inspectors for municipalities including the City of Chicago and that he found no instances of hazardous conditions in either the mansion or the coach house. Furthermore, many of the failings or violations listed in the City’s application are recommendations and are not code violations, are trivial, and are neither “dangerous nor hazardous”. City Manager Bobkiewicz said the City stands by the 2012 and 20 15 reports. Chair Williams said after her visit to the building on October 20th and reading the City’s report, she did not find any issues associated with the physical condition that would necessitate its demolition. The features in the interior of the building are quite extraordinary as is the exterior. Looking at it as a historic resource, it does not meet Standards of Demolition #1, 2, 4 and 5 at all. The application did not address those factors. Commissioner Schmitt referred to the 2012 McGuire Igleski report (pages 5-9), and Demolition Standard #5, i.e., repairs and the presence of hazardous conditions. He did not find anything in the Report to support that City’s position in their application. Specifically, on page 8 of the McGuire Igleski Report, it starts with “No major structural deficiencies were observed in the EAC. The conditions observed are generally a result of deferred maintenance and material degradation .” Furthermore, the report adds that the interior of the house appears to be in good structural condition. There is no mention, in the report, of anything that speaks of public hazard. Commissioner Schmitt also indicated that the price estimate of $430,000 on page 331 of the meeting packet, represented a preliminary budget for code compliance based upon the Evanston Art Center (EAC) remaining in the building, i.e., it is a cost for “minimum code upgrades if there is no change in use.’ Other costs cited include improving the kiln room and the basement for extra ventilation and fire compliance if the EAC stays in the mansion. The report also cited what budget would be required for providing other potential business uses or occupancies, and it is $265,000. So it seems to be some discrepancies in the application and what is referenced in terms of economic hardship. 30 of 945 Page 9 of 13 Chair Williams said standard #1 gets to the issue of what the Commission does and its statement of purpose is in terms of preserving, protecting, enhancing and encouraging rehabilitation of buildings. Commissioner Dudnik said the Wiss Janney report also indicates that the condition of the mansion is good or better than described in the 2012 McGuire Igleski report. He also cited Mary McWilliams’ written statement that was included in the meeting packet since it very effectively addresses each applicable standard. Commissioner Morris said in addition to standards 1, 2, 4, and 5, her interpretation of standard 3 is that tearing down something that’s designated locally as a local landmark, is contrary to the objectives of historic preservation. Commissioner Vogel said that it is critical that people see the inside of the house. He said the interior of the house is incredible. He said the City’s proposal does not meet any of the standards. Commissioner Bady said that he visited the Harley Clarke mansion last Saturday for the first time, it was breath taking. He was struck by the building. Regarding standard #5, he did not see where the building was structurally unsound. Commissioner Riessen Hunt said that she evaluates buildings for site, structure and interiors, doing property condition assessments as a professional architect. She was in the building on Saturday, and saw very little, if any, structural damage. Commissioner Hacker said that she was very concerned that the building is not being maintained in any way. Continued delay on just its maintenance, will continue the building’s deterioration. Commissioner Itle said that he saw nothing that was presented to justify the demolition under any of these five standards. The first four all relate to its significance, architectural character and uniqueness. It is very clear that it ’s a significant building and piece of architecture and it’s a unique design. It would be great loss to the City if it were demolished. Under standard #5, he agreed with many of the other experts and that it’s in surprisingly sound condition and could very easily be protected and mothballed for five or even ten years, while figuring out what the right permanent use and the right permanent organization to use the building would be, and come up with that renovation plan. It is unfortunate that the last 50 ye ars the City hasn’t done what they should have to probably maintain it as well as it could have easily been, but it still is very salvageable and very repairable. Chair Williams agreed with Commissioner Itle on the issue of mothballing the building. She did not see where there is a real imperative or need to demolish the structure at this point. Examples of mothballing buildings for years have been mentioned, and have ultimately found their use, as long as that use isn’t dictated. It needs to fundamentally 31 of 945 Page 10 of 13 be market based. She said in terms of the findings of fact, the Commission found that the City’s application does not meet any of the standards. COMMISSION’S FINDINGS Commissioners received the application for Certificate of Appropriateness for demolitio n of the Harley Clarke mansion and coach house at 2603 Sheridan Road, and over 20 documents/reports with information on the physical condition of the structures, the historic and architectural significance of the mansion. In addition, on October 20, 2018, all eleven Commissioners visited the Harley Clarke Mansion (no more than two at the time), between 7:30 am and 1 pm. Six Commissioners are professional architects, one is a realtor, one is an attorney, one is a planning and historic preservation consultant and two others are also professionals. Commissioners, in their deliberations referred to the City’s application for demolition, the documents they had received, their visit to the site, and the testimony of the thirty-seven (37) people at the Public Hearing. They concluded the following: The City's response and supplemental information does not adequately support the claim above. The City's own application on page 4 regarding, "Mechanical & Plumbing Code Violations" states "the building is overall in pretty good working order." A subsequent electrical inspection report itemizes required electrical repairs needed for safe occupancy including or reducing operating costs by changing lighting fixtures These are the only two reports provided by the City regarding code violations or dangerous and hazardous conditions. Neither report includes any mention of structural deficiencies, potential failures, or danger to persons or property. Furthermore, older reports provided to the Commission, including both the July 7, 2012 MaRous & Company Appraisal Report and the June 25, 2012 McGuire Igleski & Associates, Inc. Condition Report, reach similar conclusions, i.e., that while there exists expected deferred maintenance remediation, no major structural concerns exist in either exterior and internal elements of the mansion. In regard to the Preservation Ordinance 29-O-18, Section 2-8-9 (D) Standards for review of demolition: 1. Whether the property, structure or object is of such historic, cultural, architectural or archaeological significance that its demolition would be detrimental to the public interest and contrary to the general welfare of the people of the City and the State. FINDING: Built in 1927 by Harley Clarke. The building and coach house are designated landmarks, listed in the National Register of Historic Places and located within the Northeast Evanston Historic District. The buildings are in the French Eclectic Style, and exhibit unique architectural details and high quality building materials such as brick and 32 of 945 Page 11 of 13 stone. Their demolition would be detrimental to the public interest and contrary to the general welfare of the people of the City and the State. 2. Whether the property, structure or object relates to the distinctive historic, cultural, architectural or archaeological character of the district as a whole and should be preserved for the benefit of the people of the City and the State. FINDING: The Harley Clarke mansion and coach house are an important visual feature to the Northeast Evanston Historic District, and contribute to its distinctive character. The buildings should be preserved for the benefit of the people of the City and the State. 3. Whether demolition of the property, structure or object would be contrary to the purpose and intent of this Chapter and to the objectives of the historic preservation for the applicable district. FINDING: The Preservation Ordinance 29-O-18. Section 2-8-1 Statement of Purpose, states: “The purpose of this Chapter is to promote the education, cultural, economic and general welfare of the City by: (A) Identifying, preserving, protecting, enhancing and encouraging the continued utilization and the rehabilitation of such districts, sites, buildings, structure, and objects having a special historical, community, architectural or aesthetic interest.” The Harley Clarke mansion and coach house have special, community, architectural and aesthetic interest. When restored they could become a valuable cultural asset and of economic benefit to the City of Evanston. 4. Whether the property, structure or object is of such old, unusual or distinctive design, texture, and/or material that it could not be reproduced without great difficulty and/or expense. FINDING: The Harley Clarke mansion and coach house are distinctive structures which contribute to the character of the historic district as a whole; preservation is consistent with the purpose and intent to preserve buildings with historical and architectural value to the City; the mansion and coach house are historic structures with unusual and distinctive design and materials that could not be readily produced. 5. Whether the property, structure or object is of such physical condition that it represents a danger and imminent hazard condition to persons or property and that retention, remediation, or repair are not physically possible or require great difficulty and/or expense. FINDING: The City application relied on City inspections that showed documentation of code violations such as plumbing, mechanical, and electrical. The City’s application did not present evidence of danger and imminent hazard condition to persons or property either. 33 of 945 Page 12 of 13 6. Except in cases where the owner has no plans for a period of up to five (5) years to replace an existing landmark or property, structure or object in a district, no certificate of appropriateness shall be issued until plans for a replacement structure or object have been reviewed and approved by the Commission. FINDING: Standard 6 does not apply. SUMMARY 1. Demolition would be contrary to Standards for Demolition 1, 2, 3 and 4. The Harley Clarke mansion (Evanston landmark listed in the National Register of Historic Places) and coach house are distinctive structures which contribute to the character of the historic district as a whole; preservation is consistent with the purpose and intent to preserve buildings with historical and architectural value to the City; the mansion is a historic structure with unusual and distinctive design and materials that could not be readily produced. Public comment included extensive presentations as to the historic and architectural significance of the house and gardens. Evidence to the contrary was not presented at the meeting. 2. It was not demonstrated that there is a current danger to persons or property (Demolition Standard 5). The City made its request in reliance on Standard 5, that the “property… is of such physical condition that it represents a danger and imminent hazard condition to person or property …” However, the report summarized in the City’s presentation concluded that no major structural concerns exist i n either the Harley Clarke mansion or coach house. Furthermore, the Commission found that the City did not present evidence that the physical conditions at Harley Clarke constituted a danger and imminent hazard condition - the test which the Commission is required to apply under Standard 5, and therefore found standard 5 for demolition was not met. CONCLUSIONS Based on the City’s application for certificate of appropriateness for the demolition of the Harley Clarke mansion and coach house, the comments received from the public, the site visit eleven Commissioners conducted on October 20, 2018, and the Commission’s discussion at the special meeting on October 23, 2018, the Commission finds that: The City’s application did not demonstrate that Section 2-8-9 (D) 1-5 standards for demolition have been met (standard 6 does not apply). On the contrary, the Harley Clarke mansion and coach house are a cultural, architectural asset to the City of Evanston and citizens. Their current physical condition does not constitute a danger or imminent hazard condition as required by the Ordinance. On October 23, 2018, the Commission unanimously passed a motion to deny the certificate of appropriateness for the demolition of the Harley Clarke mansion and coach house, in that standards for demolition 1-5 apply and none have been met by the application. Vote: 10-0. 34 of 945 Page 13 of 13 Roll call - Commissioners: Bady: Aye; Dudnik: Aye; Hacker: Aye; Riessen Hunt: Aye; Itle: Aye; Morris: Aye; Schmitt: Aye; Simon: Aye; Vogel: Aye; and Williams: Aye. Respectfully submitted: Mark Simon, Acting Chair Date: November 13, 2018 35 of 945 NOT YET APPROVED Page 1 of 11 SPECIAL MEETING MINUTES EVANSTON PRESERVATION COMMISSION Tuesday, October 23, 2018, Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2800 7:00 P.M. Members Present: Robert Bady, Elliott Dudnik, Julie Hacker, Sally Riessen Hunt, Ken Itle, Jamie Morris, Mark Simon, Tim Schmitt, Karl Vogel and Diane Williams Members Absent: Suzi Reinhold, Staff Present: Scott Mangum, Planning & Zoning Administrator Carlos Ruiz, Preservation Coordinator Presiding Member: Diane Williams, Chair 1. CALL TO ORDER / DECLARATION OF QUORUM Chair Williams called the meeting to order at 7:15 pm with a quorum present. Chair Williams proceeded with the explanation of meeting ground rules and standards for review of demolition. 2. NEW BUSINESS – PUBLIC HEARING 2603 Sheridan Rd. Harley Clarke Mansion (L) – Wally Bobkiewicz, City Manager, applicant. Demolition of the Harley Clarke mansion and coach house. Applicable Standards: [Demolition 1-6]. City Manager Bobkiewicz provided a brief history of the property: ● 1927 - House built. Harley Clarke lived there. ● 1951-1965 –National headquarters of Sigma Chi Fraternity. ● 1965-2015 – City purchased the property and leased the mansion to the Evanston Arts Center (EAC). ● 2011 – City Council directed City Staff to identify other uses for the mansion 36 of 945 NOT YET APPROVED Page 2 of 11 ● 2012-2013 – The City issued an RFP for the use of the property. The City received one response from Tawani to purchase and renovate the property. In 2013, the City Council rejected the proposal. ● 2013-2015 – The Illinois Department of Natural Resources (IDNR) approached the City about relocating state programs to Harley Clarke; change in governorship resulted in request being withdrawn. ● 2015 - Citizens Committee was formed to study uses for the mansion. Report is made to City Council. City Council discontinued any further discussions. ● 2016 - City Council approves proposal for City to keep property and allocate $250,000 for improvements. Those improvements were made to the two Fog Houses adjacent to the mansion. Harley Clarke Planning Committee was formed to discuss next steps. ● 2017 - RFPs Issued Seeking Qualified Non-Profit Entity to lease the mansion; One response received from Evanston Lakehouse and Gardens (ELHG) ● 2018 – City Council rejected the lease. ● June – August 2018 - Evanston Lighthouse Dunes (ELD) proposes to fund demolition of the Harley Clarke Mansion and Coach House. City Council approves an MOU with ELD and proceeds with filing the Certificate of Appropriateness application required to demolish the mansion. City Manager Bobkiewicz continued presenting the standards for review of demolition in the City Code Title 2, Section 2-8-9 (D) 4. ● The Harley Clarke mansion and coach house are not prime examples of one particular architectural style or design. ● The design can be reproduced, which is a standard that permits demolition. And City Code Title 2, Section 2-8-9 (D) ● The buildings require a significant amount of financial expenditures to resolve current property code violations. ● Financial hardship must be considered as reason for demolition. City Manager Bobkiewicz indicated that the building was in a deteriorating condition and, per the City's application Section B (1): "Further, the buildings in their current state present a danger to persons inhabiting or visiting the property. There are multiple property code violations that require a significant amount of financial expenditure to resolve. This financial burden and hardship must be considered with the demolition proposal as set forth in City Code 2-8-9 (D) (5). For your review, this application also submits correspondence which highlights a series of property issues, although the items listed are not exhaustive of all building code issues. To reiterate, remediating or repairing these requires great difficulty and expense." He listed the following examples of deteriorating condition and building code deficiencies: 37 of 945 NOT YET APPROVED Page 3 of 11 DETERIORATING CONDITION • Evanston Arts Center did not perform the necessary maintenance, repair, or renovation work needed to keep the mansion in proper working condition. • Main house remains vacant; the coach house is in extremely deteriorated condition. • Current state presents a danger to persons inhabiting or visiting the property. • A 2012 & 2015 building inspection identified multiple mechanical and plumbing code violations resulting in repair estimates from $430,000 to $600,000. Repairs would only make the house code-compliant as a single family home. Achieving building code compliance for a new stated use would trigger additional repairs/remodeling based on that specified use (ex. bathroom count per floor, accessibility, etc.) MECHANICAL AND PLUMBING CODE VIOLATIONS Walk through inspection was conducted to assess plumbing and mechanical systems on November 6, 2015. The following violations were identified: • RPZ backflow preventer is leaking. • Likely require boiler replacement and new radiator on third floor. • Second and third floor bathroom remodel to meet ADA requirements. • Suspected asbestos in basement boiler mains. ELECTRICAL CODE VIOLATIONS Walk through inspection was conducted to assess electrical on November 11, 2015. The following violations were identified: • Replace all painted and worn lighting switches and receptacle devices. • Open wiring found on all levels of the property, including missing junction box covers, lighting outlets, and Wiremold raceway fittings. • Provide Ground Fault Circui t Interrupter for all receptacles within 6’ of water. • Replace incandescent track lighting and fluorescent fixtures with high efficacy luminaires. • Repair ungrounded receptacles on first and second floors. Need to identify issue for missing ground and fix or risk an electrical fire. The City Manager concluded his presentation citing City Code Section 2-8-9(D) 6: • The demolition of the buildings will result in open lakefront land which will restore the original condition of the property to its natural state. • Represents the lakeshore in the early days when no buildings were present. PUBLIC COMMENT The Commission heard the comments of 37 people who spoke against the demolition of the mansion and the coach house and the comment of one person in favor of the demolition. Chair Williams also acknowledged receipt of written communications in favor of retaining the mansion and/or denial of the certificate of appropriateness for demolition 38 of 945 NOT YET APPROVED Page 4 of 11 from: Aaron Packman (Professor of Civil Engineering at Northwestern); Beth Lange; Allison Toonen-Talamo and Sebastian Koprowski; Paul Janicki; Sara Schastok; Bonnie McDonald (Landmarks Illinois); Allen Letter, Former Executive Director of the Evanston Arts Center; Anne Sullivan, Program Chair in Historic Preservation of the Art Institute; Preservation League of Evanston (Mary Brugliera, Paul Janicki, Emily Guthrie and Sheryl Connelly); Neal Vogel from Restoric; Brad White; Charles Birnbaum (Cultural Landscape Foundation); Jack Weiss (Design Evanston); Jennifer Sandy (National Trust for Historic Preservation); Mario Machnicki (US Heritage Group); Mark Sloan (Central Street Neighbors Association); Peter DeMuth (Southeast Evanston Association); Michelangelo Sabatino (Dean of the IIT College of Architecture); and Peter Babaian (Simpson Gumpertz & Heger). The public comments included presentations by representatives of Landmarks Illinois detailing the significance of the Harley Clarke mansion and the physical conditions of the building. Additional comments were provided by architects, engineers, landscape architects, and preservation historians with familiar with the building as consultants to the City or as representatives of groups other than Landmarks Illinois. These professionals as well as local residents of the Harley Clarke area or other parts of Evanston highlighted the history and architectural features of the building and the surrounding gardens, and notable aspects of Mr. Harley Clarke’s career and importance. A summary of these comments follows:  Bonnie McDonald, President and CEO of Landmarks Illinois. Her organization has assisted Evanston residents for four years to save the Harley Clarke mansion and develop a re-use plan. They urge the Commission to deny the City’s request the COA to demolish the mansion. The Mansion is an Evanston designated landmark for which the City is charged with protecting. It is listed in the National Register of Historic Places. The City’s application is flawed and erroneously presenting that the buildings are a danger to persons and repairing it requires great difficulty or expense. There is no evidence to support this. The application describes the building in good working order and needing minor inexpensive repairs. An updated examination by appropriate experts is necessitated. A request to access the building with experts, architects, engineers, and contractors to examine the mans ion’s interior and exterior condition was denied by City Council. Many experts will demonstrate this evening that the mansion continues to meet the Evanston landmark criteria and there is no cause to award a certificate of appropriateness (COA) for its demolition. Asked the Commission to vote to deny the demolition application  Anthony Borich, Partner at Jenner & Block and an attorney representing Landmarks Illinois stated that access to the mansion and coachhouse should be provided to Landmarks Illinois experts, as had been noted by Bonnie McDonald and as denied by the City Council. He objected to the proceeding and requested findings of the EPC, in writing, resulting from the site inspections conducted by the Commissioners on October 20, 2018. He concluded that he does not believe assertions by City Manager’s Office were supported. 39 of 945 NOT YET APPROVED Page 5 of 11  Lisa DiChiera, Director of Advocacy for Landmarks Illinois, citing Standards #1 and #2, indicated that demolition of Harley Clarke will result in a loss of heritage, architecture, and landscape and would set a poor precedent for historic preservation. Preservation of the mansion relates to jobs, economic investment and the environment  Anne McGuire, AIA, Evanston architect with McGuire Igleski & Associates concurred with the other comments opposing the proposed demolition. She testified that her firm had been hired in 2012 by the City of Evanston to assess the Harley Clarke property and evaluate code compliance. No major deficiencies were found and, in conclusion, she felt that the mansion is safe and repairable  Stuart Cohen, FAIA, Evanston architect with Cohen & Hacker Architects LLC, architectural historian and Professor Emeritus of Architecture at UIC, read a statement from Susan Benjamin, noted North Shore architectural historian, in opposition to the proposed demolition. Harley Clarke is one of 42 properties included in the book “North Shore Chicago: Houses of the Lake Front Suburbs”, which include an essay devoted to the Harley Clarke house  Julia Bachrach, historian and preservation planner, stated that demolition should be denied based on 4 standards, Furthermore, that the Jens Jensen’s landscape is among one the most important historic landscapes resources that remain today  Audrey Niffenegger, former student and instructor at the Evanston Art Center, stated that Harley Clarke is an important cultural and history place for artists  Tom Hodgman, Board President of Evanston Lake House and Gardens (ELHG) spoke of the cultural significance and future of the mansion. That his group h ad 1500 supporters, over 140 donations to re-use the mansion, and that 2000 individuals signed a petition asking the City Council to not demolished the building  Michelangelo Sabatino, Dean of the College of Architecture, Illinois Institute of Technology, testified that demolition will attract negative attention and that standards 1, 2, 3 are relevant when arguing against demolition. Furthermore, that demolition deprives us of an important part of their collective memory; that the Harley Clarke mansion is part of the shoreline; and demolition undermines the preservation ordinance  Neil Vogel, historic preservation expert with Restoric, LLC, indicated that the cost estimate to repair the steel windows has been overstated and that the detailing on the Harley Clarke structures is special and better than any other landmark  Paul Janicki, Evanston architect with Paul Janicki Architects, discussed Standard #1 and the architectural significance of the mansion as the entry to Evanston from North and, in relation to Standard #4 that there are few examples left in region of this architectural style and construction and that it cannot be cannot be easily reproduced  Edward Gerns, Principal and Preservation Architect at Wiss Janney Elstner stated that the building is in good condition 40 of 945 NOT YET APPROVED Page 6 of 11  Peter Babaian, restoration structural engineer and Partner at Simpson Gumpertz & Heger, indicated that he had inspected the exterior of the buildings and found no structural damage and there was no evidence of imminent danger.  Brad White, Evanston resident and former author of Preservation Ordinance testified that he was embarrassed by the City’s presentation, that it shows a lack of respect for the Preservation Commission and for this process. Furthermore the City had not addressed the Standards #6 as to any plan for future  Emily Barton of the City of Chicago for the Historic Preservation Division stated that she had written SAIC master’s thesis in preservation on the Harley Clarke mansion. Having been in the building previously, she found the required repairs and restoration is no different from what is typically needed. She cited adaptive reuse for the mansion as it was done with historic buildings in Chicago  Mary McWilliams, former member of Evanston Preservation Commission reiterated that, in 1981, the Harley Clarke mansion was designated a landmark under three criteria: high quality of design; exemplify the work of a prominent architect; and exhibited distinctive design. Furthermore, she indicated that demolishing the building will be detrimental to the public interest; and that Susan Benjamin, Architectural historian and author, had declared the Harley Clarke house to be the grandest French eclectic style house in the Northeast Evanston historic district  Virginia Beatty, local historian and radio personality indicated that the Harley Clarke structure sits on five acres that were part of 1,280 acres given to a local native-American woman in 1829. Beatty stated: “Think about history, what’s been there and what would this history be if the Harley Clarke is torn down? Could it be a monument to women who have built Evanston?”  Carl Klein, Evanston resident, referred to the City’s 2000 Comprehensive Plan, cited and relied on by the Illinois Appellate Court in 2015 as a codified plan, wherein “…Evanston should seek to preserve the structures and environments which have given the community much of its physical appeal and special visual character…”  Lori Keenan, with Save Harley Clarke, indicated, as a representative of those in support of saving building, that citizens have volunteered to pay the $15,000 annual maintenance, working to reuse with state officials to re-use Harley Clarke  Sarah Schastok, PhD, art historian and Evanston resident, fundraising consultant to ELHG, also former President & CEO of the Evanston Community Foundation, spoke of the distinctive features of house, fine architecture provides spaces that go beyond mere shelter, they house our spirits while encouraging them to roam and to soar, and this is what happens at Harley Clarke as a public building, and offers such experiences to our community  Allison Toonen-Talamo, architect with the restoration structural engineering firm of Klein Hoffman, assessed the structural foundation and landscape. She indicated that, at a community in the same situation, they developed a history and support system for their property that is now is thriving and generating more business than anticipated. Harley Clarke should be treated as a gem and rarity.  Gregory Dowell, architect with Wiss Janney Elstner and co-author of WJE Harley Clarke report prepared for Landmarks Illinois, stated that the condition of Harley 41 of 945 NOT YET APPROVED Page 7 of 11 Clarke does not meet standard 5, i.e., that it is unsafe or imminently hazardous, and that the building can be restored. It should mothballed i f can’t be reuse now  Nicole Kustok, representing the Lighthouse Dunes Group (LDG) testified that, by removing both structures at 2603 Sheridan Road, we would be preserving the lakefront and spotlighting the Grosse Pointe lighthouse, a National Historic Landmark that she claims is obstructed from the public view by the Harley Clarke home and coach house. There are three options to fund operation costs: taxes, philanthropy, or commercialization. No one wants raise taxes to support the house. Removing Harley Clarke results in parkland, freely accessible and equitable for all of Evanston  Evy Russell, local resident of the area, maintained that views of the Lighthouse are not obstructed by Harley Clarke; that are taxes not affected because of funds to maintain it; maintenance cost are $150,000 and $200,000 has been raised. The house is not a danger  Mario Machnicki, President of US Heritage Group and Restorations by Marion, stonemasons, stated that he has travelled the world and found unusual details in this building not seen elsewhere. His work today is training masons. Unfortunately, there are no masons that could build such a beautiful building. The materials used at Harley Clarke ranging from mortar to the brick and stone use, as well as the style or technique of setting these materials are very unusual. The building is a sanctuary to learn about the traits of the past and craftsmanship  Tom Riley stated that he and his wife chose to live in Evanston because its reputation as “preservation city”. He believes are better alternatives than tearing down the building  Barb Riley had attended Open House Chicago and viewed other repurposed buildings. She and her husband own a building older than Harley Clarke and feel that they are held to higher standards than City is regarding preservation  Allie Harned with Save Harley Clarke (SHC), formed in July 2018, stated that her organization gathered over 3,300 signatures of support in just 10 days. They received donations from as far as Oregon, New York, and Pennsylvania. The building is not a teardown. Harley Clarke could became an economic engine for a thriving community  Jen Shadur, with SHC, testified that Harley Clarke was a self-made man, philanthropist for the arts, educational pioneer for film in education. In 1918, Mr. Clarke started the Society for Visual Education and funded a study in Evanston schools, including Foster School. This study proved the worth of motion pictures in education and its curriculum influenced educational methodologies nationwide  Ray Friedman agreed with all other speakers except for Ms. Kustok. The residents want to save the mansion and use the mansion. It would not cost anything extra to the City because it is privately funded  Betty Ester first learned about the building when she moved to Evanston 26 years ago. The photo of Harley Clarke was used promoting affordable house as a ‘dream house,’ but then the message would say, ‘but this is the house one could afford with the program.’  Madeline Gelis, Emeritus Board Member of Landmarks Illinois quoted Albert Einstein “In the middle of difficulty lies opportunity”. She asked whether Einstein 42 of 945 NOT YET APPROVED Page 8 of 11 would have been in favor of demolishing a mansion for the opportunity of more lawn given that he stated: “It’s not that I am so smart, it’s just that I stay with problem longer.” She appealed to Evanston elected officials to allow citizens of Evanston stay with this problem longer and help them solve it  Patrick Donnelly, ELHG and film producer asked what the Preservation Commission do when overruled, He also stated that the building is not unsafe, that money is available for other projects, and that money could have been raised during the last three years for the building  Jeff Smith, Evanston attorney, speaking to Standard 5, indicated the building is not only usable, but it has been used for many events from 2009-2015. Furthermore, it is not unsafe. The building was in good condition when the Department of Natural Resources (DNR) made an offer to buy the property building. DNR believes in conservation. The building is sound and original  Bennett Johnson, past President of the Evanston NAACP chapter, spoke to the intent by Lighthouse Dunes Group of returning the property to its natural state. He recalled having lived on Milburn St. as child. In a photograph with his sisters and cousins facing the water, there was no beach. He believes the idea to returning to its natural state is a fallacy. Regarding demolition, there was a cost limit on City expenditure (for demolition, cleanup, site remediation, construction, and restoration) suggested and passed by City Council to demand that the LDG pay for all the cost. However, this limit was not included in the memorandum of understanding and, as a result, there is no limit. The cost may eventually be held by the City for the demolition. Restoring the building will create an economic engine, not only jobs but income and activity that will bring money into the City and people. If the building is saved it will have public access to all the people  Ben Gasbarra indicated that demolition should not be considered when adaptive reuse is a possibility. It is a unique building for small group programming. He read a letter from One Community Museum a group interested in the property. Their mission is to build a national network of community-based facilities museums which offer the public equitable opportunities for experiential learning City Manager Bobkiewicz clarified that, while the City Council had allocated $250,000 for repairs to the Harley Clarke building, instead, the money was used for restoration of the adjoining Fog Houses. COMMISSION’S FINDINGS In response to Commissioner Bady’s question, Alex Ruggie, Assistant City Attorney, said the Commission is approving or denying the certificate of appropriateness, a final administrative decision, or the applicant can revise their application and bring it back. Chair Williams said the applicant could also apply for economic hardship, or special merit, or appeal to the City Council. Commissioner Dudnik asked what work had the City performed under the terms of their lease with Evanston Art Center requiring maintenance of the mansion’s exterior. City Manager Bobkiewicz said the maintenance was mostly on window issues and moisture 43 of 945 NOT YET APPROVED Page 9 of 11 entering the building (although no evidence of such maintenance was presented in the City’s application). Commissioner Dudnik stated he had not observed any hazardous conditions, that many of the items listed in the City’s application were recommendations and not code violations, were trivial, and do not represent “dangerous or hazardous” conditions. City Manager Bobkiewicz said the City stands by the 2012 and 2015 reports. Chair Williams said after her visit to the building on October 20, 2018 and reading the City’s report, she did not find any issues associated with the physical condition that would necessitate its demolition. The features in the interior of the building are quite extraordinary as is the exterior. Looking at it as a historic resource, it does not meet Standards of Demolition #1, 2, 4 and 5 at all. The application did not address those factors. Commissioner Schmitt referred to the 2012 McGuire Igleski report (pages 5-9), and Demolition Standard #5, i.e., repairs and the presence of hazardous conditions. He did not find anything in the Report to support that City’s position in their application. Specifically, on page 8 of the McGuire Igleski Report, it starts with “No major structural deficiencies were observed in the EAC. The conditions observed are generally a result of deferred maintenance and material degradation .” Furthermore, the report adds that the interior of the house appears to be in good structural condition. There is no mention, in the report, of anything that speaks of public hazard. Commissioner Schmitt also indicated that the price estimate of $430,000 on page 331 of the meeting packet, represented a preliminary budget for code compliance based upon the Evanston Art Center (EAC) remaining in the building, i.e., it is a cost for “minimum code upgrades if there is no change in use.’ Other costs cited inclu de improving the kiln room and the basement for extra ventilation and fire compliance if the EAC stays in the mansion. The report also cited what budget would be required for providing other potential business uses or occupancies, and it is $265,000. Therefore, it seems to be some discrepancies in the application and what is referenced in terms of economic hardship. Chair Williams said standard #1 gets to the issue of what the Commission does and its statement of purpose is in terms of preserving, protecting, enhancing, and encouraging rehabilitation of buildings. Commissioner Dudnik said the Wiss Janney report also indicates that the condition o f the mansion is good or better than described in the 2012 McGuire Igleski report. He also cited Mary McWilliams’ written statement that was included in the meeting packet since it very effectively addresses each applicable standard. Commissioner Morris said her interpretation of Standard 3 is that tearing down something that is designated locally as a local landmark is contrary to the objectives of historic preservation. 44 of 945 NOT YET APPROVED Page 10 of 11 Commissioner Vogel said that it is critical that people see the inside of the house. He said the interior of the house is incredible. He said the City’s proposal does not meet any of the standards. Commissioner Bady said that upon visiting the Harley Clarke mansion last Saturday (October 20, 2018) for the first time, he found it breath taking. He was struck by the building. Regarding Standard #5, he did not see where the building was structurally unsound. Commissioner Riessen Hunt said that she evaluates buildings for site, structure, and interiors, while doing property condition assessments as a professional architect. She was in the building on Saturday October 20th and saw very little, if any, structural damage. Commissioner Hacker said that she was very concerned that the building is not being maintained in any way. Continued delay on just its maintenance, will continue the building’s deterioration. Commissioner Itle said that he saw nothing that was presented to justify the demolition under any of these five standards. The first four standards all relate to its significance, architectural character, and uniqueness. It is very clear that it is a significant building and piece of architecture and a unique design. It would be great loss to the City if it were demolished. Under standard #5, he agreed with many of the other experts and that it is in surprisingly sound condition and could very easily be protected and mothballed for five or even ten years, while figuring out what the right permanent use and the right permanent organization to use the building would be, and come up with that renovation plan. It is unfortunate over the past 50 years the City has not done what they should have done to probably maintain it as well as it could have easily been, but it still is very salvageable and very repairable. Chair Williams agreed with Commissioner Itle on the issue of mothballing the building. She did not see where there is a real imperative or need to demolish the structure at this point. Examples of mothballing buildings for years have been mentioned, and have ultimately found their use, as long as that use is not dictated. It needs to fundamentally be market based. She said in terms of the findings of fact, the Commission found that the City’s application does not meet any of the standards Chair Williams said that as part of any motion, is to request that the Commission’s findings of fact is based on the discussion the Commission had tonight, and ask staff to prepare a report to that effect, and that it would be reviewed at the November meeting, and then submitted to the City Manager’s office and to the Council. Commissioner Dudnik asked about the request made by Mr. Borich representing Landmarks Illinois, during the Public Comments session regarding obtaining Commissioners’ notes resulting from their October 20, 2018 visit to Harley Clarke. Chair Williams said the site visits were not conducted as a meeting nor did they constitute a 45 of 945 NOT YET APPROVED Page 11 of 11 Commission meeting. The City’s legal counsel may weigh in on that point and Mr. Borish’s statement will be shared with the City Legal Counsel. Commissioner Itle made a motion to deny the application for a Certificate of Appropriateness for Demolition of the Harley Clarke mansion and coach house, applying Demolition Standards 1-5 with none of the applicable standards having been met by the application, and to direct staff to prepare a report of the Commission’s findings of fact. The draft of the report to be reviewed at the November 13 th Preservation Commission’s meeting. The motion was seconded by Commissioner Simon. Roll call - Commissioners: Bady: Aye; Dudnik: Aye; Hacker: Aye; Riessen Hunt: Aye; Itle: Aye; Morris: Aye; Schmitt: Aye; Simon: Aye; Vogel: Aye; and Williams: Aye. The motion passed 10-0. 3. ADJOURNMENT Commissioner Itle made a motion to adjourn the special meeting at 9:25 pm on Tuesday, October 23, 2018, seconded by Commissioner Bady. The motion passed 10- 0. Respectfully Submitted Carlos D. Ruiz Senior Planner/Preservation Coordinator The next Preservation Commission meeting is scheduled on Tuesday, November 13, 2018. 46 of 945 NOT YET APPROVED Page 1 of 3 MEETING MINUTES EVANSTON PRESERVATION COMMISSION Tuesday, November 13, 2018, Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2800 7:00 P.M. Members Present: Robert Bady, Elliott Dudnik, Julie Hacker, Suzi Reinhold, Tim Schmitt, Mark Simon, and Karl Vogel Members Absent: Jamie Morris, Sally Riessen Hunt, Ken Itle, and Diane Williams, Staff Present: Scott Mangum, Planning & Zoning Administrator Carlos D. Ruiz, Preservation Coordinator Presiding Member: Mark Simon, Acting Chair 1. CALL TO ORDER / DECLARATION OF QUORUM 7:07 pm 3. OLD BUSINESS C. 2603 Sheridan Rd. (L) – City of Evanston, applicant. Consideration and approval of the Preservation Commission’s findings on the denial of the certificate of appropriateness for demolition of the mansion and coach house (Continued from the 10/23/2018 meeting). The Commission reviewed a draft of its findings regarding the denial of the certificate of appropriateness for demolition of the mansion and coach house at 2603 Sheridan Rd. and made the following revisions: From PUBLIC COMMENT section, fourth paragraph, delete first four bullet points, beginning at ‘The Harley Clark Mansion… and ending at Evanston landmark criteria’ From COMMISSION’S FINDINGS section, third paragraph, after ‘…visit to the site,’ insert ‘testimony form thirty-seven (37) people was heard,’ Fourth paragraph: correct ‘2-8-9’ to ‘2-8-4’ Fourteenth paragraph (delete and insert): FINDING: The City application relied on City inspections that showed minor existing or potential documentation of code violations such as plumbing, mechanical, and 47 of 945 Page 2 of 3 electrical. The lack of proper maintenance over the years did not reach a point where rehabilitation and restoration are not physically or financially possible. Fifteenth paragraph: The City’s application did not present evidence of demonstrate that the Harley Clarke mansion and coach house are a danger and in imminent hazard condition to persons or property either. From SUMMARY section, insert third new paragraph: The report summarized in City’s presenta tion concluded that no major structural concerns exist in the Harley Clarke mansion and coach house. Move the following nine paragraphs starting in ‘Per City’s application Section B (1):’ and ending in …’both exterior and internal elements of the mansion.’ to page 3, after bullet point ‘Represents the lakeshore in the early days when no buildings were present.’ From CONCLUSIONS section, second paragraph (delete and insert): The City’s application did not demonstrate that Section 2 -8-9 (D) 1-5 standards for demolition have been met (standard 6 does not apply). On the contrary, the Harley Clarke mansion and coach house are a cultural, architectural asset to the City of Evanston and citizens. Their current physical condition is safe to the public and they could be restored for the benefit of the City and citizens. does not constitute a danger or imminent hazard condition as required by the Ordinance. Public Comment: Jennifer Shader, representing Friends of Harley Clarke, requested full documents and material s with the Commission’s findings to City Council. Also suggested that City Council watch the full video of the October 23, 2018 Preservation Commission special meeting. Lori Keenan said the findings should recognize experts in the field, evidence by reference. The findings could be a local document, and should be accurate and comprehensive. Commissioner Dudnik made a motion to approve the ‘findings’ on the application for certificate of appropriateness for demolition of Harley Clarke mansion and coach house at 2603 Sheridan Road, as a result of the meeting of October 23 , 2018 and as disapproved by the Commission at that meeting, seconded by Commissioner Hacker. The motion passed 5-0. Commissioners Reinhold and Bady abstained. 7. ADJOURNMENT Commissioner Reinhold made a motion to adjourn the meeting at 9:50 pm, seconded by Commissioner Bady. The motion passed 7ayes, 0 nays. Respectfully submitted, 48 of 945 Page 3 of 3 Carlos D. Ruiz Preservation Coordinator 49 of 945 ​​SPECIAL CITY COUNCIL MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, October 29th, 2018 Present: Alderman Fiske Alderman Revelle Alderman Braithwaite Alderman Rainey Alderman Wynne Alderman Fleming Alderman Wilson Alderman Suffredin Alderman Rue Simmons (9) Absent: Presiding: Mayor Stephen Hagerty Devon Reid City Clerk 50 of 945 Mayor’s Public Announcements Mayor Hagerty issued a moment of silence for the victims at the Tree of Life congregation. Thanked the 55 young adults who submitted their entries for the Mayor’s holiday card contest. Watch City Manager’s Public Announcements City Manager Wally Bobkiewicz had no announcements Watch City Clerk’s Communications City Clerk Reid read a letter from a resident thanking two Police Officers. Shared early voting hours and turn-out numbers for Evanston. Informed the public about a memo submitted to City Council for consideration. The memo describes transfering Vital Records to the Clerk’s Office. Watch Public Comment Pastor Daniel Ruen Spoke about the city budget. Watch Meg Welch Spoke about the proposed changes to the Inclusionary Housing Ordinance. Watch Trisha Connolly Spoke about the Inclusionary Housing Ordinance Watch David Guran Talked about corruption by Ald. Rainey and ethic violations. Voice his support for affordable housing. Watch Lonnie Wilson Asked City Council to keep the Gibbs - Morrison Cultural Center and the city budget. Watch Lucinda Bush Talked about proposed budget cuts to the health department. Watch Michael Baskin Wanted City Council to think about the health of its residents. Watch Junad Rizki Shared his concerns about the city budget. Concerned about the appointment of non-residents to our committees. Watch Doug Sharp Spoke about the Inclusionary Housing Ordinance Watch 51 of 945 Trudi Davis Member of Reclaim Evanston that stated we need more affordable housing in Evanston. Watch Conrad Floeter Member of Reclaim Evanston who spoke about affordable housing. Watch Rachel Heuman Member of Reclaim Evanston who spoke about affordable housing. Watch Sharon Goodman Member of Reclaim Evanston who spoke about affordable housing. Watch Phyllis Nickel Member of Reclaim Evanston who spoke about affordable housing. Watch Tricia Tenpenny Member of Reclaim Evanston who spoke about affordable housing. Watch Tabitha Bonilla Shared her opinion and concerns about the closing of Fire House #4. Watch Maryann Kearns Said that the cuts to the Mental Health Board are significant and hopes it gets better funding. Watch Murphy Monroe Spoke about the arts in Evanston. Asked City Council to not cut funds to the arts. Watch Bea Rashid Voiced her support for the funding of the arts programs in Evanston. Watch Jane Wikenkamp Talked about affordable housing and the lack of housing in Evanston. Watch Leslie Yamshon Shared her concerns about the restructuring of the Youth and Young Adult Services. Watch Jill Graham Spoke about the proposed changes in the Inclusionary Housing Ordinance. Watch Sue Loellbach Hoped that City Council pass the Inclusionary Housing Ordinance. Also shared her concerns to the Mental Health Board. Watch Betsy Wilson Said that the cuts to the Health and Human Services and other areas will affect the most vulnerable members of the community. Watch Alan Factor Informed City Council about a grassroots initiative in Evanston to offer care for people suffering with dementia and making Evanston age friendly. Watch Christine Escobar Shared her opposition for cuts to the health department, youth services and the closing of Fire Station #4. Also shared her concerns about the City Manager’s salary. Watch Judith Tredway Wanted to remind City Council about the potential of imposing an Watch 52 of 945 Employee Tax on city workers that do not live in Evanston. Wanted to keep the adequate staffing in the Health Department so the city can have a certified Health Department. Ally Harned Said there was no impact on the budget by saving the Harley Clarke mansion. Watch Ray Friedman Asked why City Council did not act accordingly based on the survey information they gathered by the residents. Also talked about Robert Crown, Harley Clarke and Howard Theater. Watch Doreen Price Said there is no enough money being invested in affordable housing. Watch Eileen Wiviott Minister from the Unitarian Church of Evanston who voiced her support for mental health care services in Evanston. Watch Daniel Yamshon Said there needs to be appropriate specialist in the Health Department in order to respond to emergencies. Watch Rose Welch Talked about the effects the budget cuts will have to the proposed staff downsizing Watch Priscilla Giles Asked why the salaries of some members of the dias are not being cut, while important services in the city are being slashed. Watch Nolan Robinson Stated that increasing taxes on ride-sharing services is bad for business and asked City Council to not increase the tax. Watch Special Order of Business (SP1) ​​Public Benefits for Planned Developments Staff requests City Council direction, which could come in the form of a referral to the Plan Commission if a Text Amendment is recommended or a recommendation for no further action. For Discussion Referred to the Planning Commission Motion: Ald. Rainey Watch 53 of 945 (SP2) ​​Downtown Zoning Regulations Staff requests City Council direction regarding addressing current Downtown zoning regulations. For Discussion Item was held Motion: Ald. Rainey Watch (SP3) ​​Affordable Housing Work Plan Progress to Date Staff will provide City Council with updates on the revised Inclusionary Housing Ordinance, Affordable Housing Fund, the rental of accessory dwelling units, the three-unrelated occupancy rule, landlord-tenant services, the Landlord Rehabilitation Assistance Program and a housing plan scope of work. For Action: Receive and Place on File Motion made to Receive and Place on File Passed 8-0 Motion: Ald. Rainey Motion: Ald. Fiske Watch (SP4) ​​Ordinance 107-O-18 Amending Title 5, Chapter 7, “Inclusionary Housing" City Council approved Ordinance 107-O-18, amending Title 5, Chapter 7 of the City Code, “Inclusionary Housing,” contingent on City Council’s decision on affordability levels for homeownership in §5-7-6(B)1. Motion to amend Ordinance to include a review clause at 36 months Passed 9-0 Motion to suspend the rules to allow reconsideration on SP4 Passed 9-0 Motion to adopts all IDUs at 100% AMI Passed 8-1​​ Ald. Rue Simmons voted “No” Motion to approve Ordinance as amended Passed 8-1 ​​Ald. Rue Simmons voted “No” For Action Passed 8-1​​ Ald. Rue Simmons voted “No” Motion: Ald. Rainey Motion: Ald. Wynne Motion: Ald. Wilson Watch 54 of 945 (SP5)​​ Approval of a $200 fee for Initial Registration of an Existing Dwelling Unit and a $75 to $375 Fine for Renting an Unregistered Dwelling Unit City Council approved the proposed fee of $200 for the initial inspection and registration of an Accessory Dwelling Unit/coach house, and a fine from $75 to $375 for renting an unregistered unit following the “amnesty period.” In addition, staff recommends this fee and fine schedule be adopted for initial rental registration of all existing dwelling units. This will be consistent with registration for other types of businesses and will recover the direct costs of the initial rental inspections and registrations. For Action Passed 9-0 Motion: Ald. Rainey Watch (SP6) ​​Resolution 100-R-18 to Approve an Intergovernmental Agreement for the 2020-2025 Assessment of Fair Housing City Council approved Resolution 100-R-18 to Approve an Intergovernmental Agreement for the 2020-2025 Assessment of Fair Housing (AFH). The City is required to include information about barriers to fair housing and what actions it will take to affirmatively further fair housing in its 2020 – 2024 Consolidated Plan to continue to receive its federal entitlement grants. The City would contribute $13,000 of the total AFH budget of $327,000. The AFH will be funded from the City’s Community Development Block Grant (CDBG) under CDBG Administration, 215.21.5220.62490 and/or its HOME Investment Partnerships grant, 240.21.5430.62490. Payments may be from the 2018 or 2019 grants depending on timing of invoices. For Action Passed 9-0 Motion: Ald. Rainey Watch (SP7) ​​Different Forms of Shared Housing City Council members requested more information on various types of shared housing options. Different types of shared housing include: co-housing, housing co-operatives, home sharing, and rooming houses, which are identified in the corresponding memorandum. Rooming houses are the only type of shared housing currently addressed in Evanston’s City Code. For Action: Received and Place on File Passed 9-0 Watch 55 of 945 (SP8) ​​Evanston Development Corporation Presentation Representatives from the Evanston Development Corporation will present City Council with an overview of its activities. For Discussion Watch (SP9) ​​Fiscal Year 2019 Budget Workshop No formal action will be taken regarding the FY 2019 Budget. Budget documents are available here: www.cityofevanston.org/city-budget/. For Discussion Motion to remove the Assistant Health Director, Health Educator and Communicable Disease Specialist positions from being considered for elimination Failed 5-3​​ Ald. Wynne, Wilson, Suffredin, Revelle & Fiske voted “No” Motion: Ald. Braithwaite Watch (SP10) ​​For Appointment to: Affordable Housing Plan Steering Committee - Ellen Cushing Ellen Cushing serves as chair of the City’s Housing and Homelessness Commission. Previously, she served as a two-term board member for Connections for the Homeless and as a member of the Community Partners for Affordable Housing Advisory Board. Ellen volunteers her time at Hilda’s Place and at the Interfaith Action overnight homeless shelter. Affordable Housing Plan Steering Committee - Sarah Delgado Sarah Delgado is the community engagement and education manager for the Chicago Area Fair Housing Alliance, where she analyzes municipal housing policies and provides technical assistance to municipal governments concerning fair housing policies and procedures. Sarah is a member of the Steering Committee of Joining Forces for Affordable Housing. Affordable Housing Plan Steering Committee - Aum Harvey Aum Harvey is an ETHS alumna and a former 20-year resident of Evanston seeking affordable housing solutions for her hometown. Aum holds a Master of Business Administration and currently works for the U.S. Department of Veterans Affairs. Affordable Housing Plan Steering Committee - Stephanie Murray Stephanie Murray is a 25-year resident of Evanston and has worked in the community for the past 17 years at First Bank & Trust, where she serves as assistant vice president of consumer lending and specializes in home equity lending. Stephanie holds a Master of Public Administration with a Motion: Ald. Wilson Watch 56 of 945 concentration in financial management. Affordable Housing Plan Steering Committee - Jennifer O’Neil Jennifer O’Neil has 45 years of experience in the management and development of residential real estate and the administration of subsidy programs. During her career, she has designed and implemented housing mobility, self-sufficiency and homeownership programs serving more than 7,000 low-income families. Jennifer is president of the North Shore Village Board of Directors and serves as a member of the Steering Committee for Joining Forces for Affordable Housing. Affordable Housing Plan Steering Committee - Rodney Orr Rodney Orr is a recent graduate of Northwestern University and currently works as a medical assistant at Howard Brown Health. Rodney serves on the Board of Directors for Project Fierce Chicago, which provides transitional housing to homeless LGBTQ+ young adults in North Lawndale. Affordable Housing Plan Steering Committee - Uri Pachter Uri Pachter is a senior planner with Valerie S. Kretchmer Associates, where he conducts market assessments and feasibility studies for affordable and market rate residential developments in the Chicago area. Uri led an equitable transit oriented development endorsement program (eTOD) in the Bay Area while serving as a project manager at Greenbelt Alliance. He volunteers his time as an advanced tax preparer for the Volunteer Income Tax Assistance Program at the Evanston Public Library. Affordable Housing Plan Steering Committee - Eleanor Revelle Eleanor Revelle serves as alderman of the City’s 7th Ward and has been the City Council representative on the Housing and Homelessness Commission since the spring of 2017. Alderman Revelle is also a member of the City’s Inclusionary Housing Ordinance Subcommittee. Affordable Housing Plan Steering Committee - Michael Roane Michael Roane has 15 years of experience in affordable housing and community development in the public, private and nonprofit sectors. He currently serves as vice president at Brinshore Development, where he manages complex residential and mixed-use urban development projects throughout the Midwest and serves as team leader for the development of affordable housing projects. Michael earned a master’s degree in Urban Planning at the University of Virginia. Affordable Housing Plan Steering Committee - Christopher Rothwell Christopher Rothwell is a member of the Community Investment group at Federal Home Loan Bank of Chicago, where he helps provide grant funds to affordable housing projects through the Affordable Housing Program. 57 of 945 Christopher has a bachelor’s degree in Political Science from Florida State University and a J.D. from the Chicago-Kent College of Law. Affordable Housing Plan Steering Committee - Timothy Stroh Timothy Stroh has worked as a realtor in Evanston’s off-campus student housing market for more than 10 years, representing both landlords and renters. As a property manager and broker at Honore Properties, Timothy manages the day-to-day operations of 17 residential buildings. Previously, Timothy served as a member of the Evanston Arts Council. For Action Passed 5-4​​ Ald. Rue Simmons, Suffredin, Fleming & Fiske voted “No” (SP11) ​​For Reappointment to: Preservation Commission - Robert Bady For Action Passed 9-0 Motion: Ald. Wilson Watch Call of the Wards Ward 1: No Report Watch Ward 2: Shared his condolences to the family of Pierre Jean-Paul. Thanked staff and City Council for moving the street naming ceremony to an earlier date. Watch Ward 3: Thanked Rabbi London and the Beth Emet congregation for hosting the prayer vigil. On Thursday, November 1, office hours will be from 7-10 a.m. at Brothers K. Watch Ward 4: No Report Watch Ward 5: No Report Watch Ward 6: No Report Watch Ward 7: Gave an update about a developer who requested road access to his land lot Watch Ward 8: No Report Watch 58 of 945 Ward 9: Thanked 9th Ward residents for attending meeting and voicing their concerns. Watch Adjournment Mayor Hagerty called a voice vote to adjourn the City Council meeting, and by unanimous vote the meeting was adjourned. 59 of 945 ​​SPECIAL CITY COUNCIL MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, November 5th, 2018 Present: Alderman Fiske Alderman Revelle Alderman Braithwaite Alderman Rainey Alderman Wynne Alderman Fleming Alderman Wilson Alderman Suffredin Alderman Rue Simmons (9) Absent: Presiding: Mayor Stephen Hagerty Devon Reid City Clerk 60 of 945 Mayor’s Public Announcements Mayor Hagerty thanked the 4th grade class of Dewey Elementary School and 1st grade class of Oakton Elementary School for taking a field trip to City Hall to learn about local government. Watch City Manager’s Public Announcements City Manager Wally Bobkiewicz had no announcements Watch City Clerk’s Communications City Clerk Reid reminded residents of the November 6, 2018 Election. Also shared Early Voting numbers for Evanston. Lyft and Uber will provide free rides to election polls. Watch Public Comment Michael Vasilko Opposed any of the levies, taxes, fees and fines proposed by City Council and City Staff. Wanted to know who is challenging spending $3,000 for food and vaccines for the animal shelter. Talked about the organizational chart not representing the current view of the city. Questioned why the City Clerk’s Office budget was slashed 50 percent compared to other departments who only saw a budget cut of 5 percent. Mr. Vasilko believes the City Council is picking on the Clerk’s Office. Asked why the Library Director’s contract isn't being renegotiated. Wanted reassurance from City Council that a final vote will be brought back for discussing relating to Harley Clarke. Watch Toni Rey Thanked City Council and staff for improving the Inclusionary Housing Ordinance. Watch Meg Krulee On behalf of the District 65 teachers union, she expressed their opposition of the closing of Fire Station #4 or reduction of emergency response vehicles. Stated it would put the lives of the students in danger. Also is opposed of any budget cuts that would negatively impact Evanston students and residents. Watch Ray Friedman Shared some suggestions about the budget. Talked about creating a budget process committee that would have decision making impact Watch 61 of 945 on the budget. Asked that staff create a page/website where residents can have their questions answered by City Council. Suggested that there be a flat 2-5 percent across the board on the proposed budget cuts. Eric Paset Owner of Northshore Apartments and Condos that believes that taxes must be raised in order to keep services.Stated that landlords such as himself are forced to raise rent when property taxes go up. This has created less affordable housing in Evanston. Believes that in order to keep taxes low some services must be eliminated in order to prevent residents from leaving Evanston. Watch Doreen Price Talked about equity and references a few new articles that spoke about cities that speak about tackling the issue of equity. Watch Jessica Sales Thanked City Council members who have voiced their support for the Mental Health Board. Made a proposition to ensure grant writing is being continued for the Health Department. Believed that a 5-10 percent cut to the Health and HUman Services Department would give the department ample time to regroup and find a solution to keep their services. Watch Jason Hays Expressed his anger towards the City Manager for continuing to propose slashing the Fire Department. Believes that cuts to social services will put a strain on the Fire Department staff and resources. Stated that the department cannot continue to serve the public and respond to the over 10,000 calls a year with a 20% reduction. Watch Juan’s Rizki Stated that the mismanagement of fund for projects and legal problems account for the deficit in the budget. Suggested there would be a 30-50 percent tax increase in the following years. Mr. Rizki expressed his doubts for the new Chief of Police, stating that City Manager Bobkiewicz hires under qualified people in his department that report to him.Thinks it’s unnecessary for Directors to have a car allowance. Watch Mary Rosinski Stated that volunteers who are experts in the preservation of the Harley Clarke mansion could bring revenue for the city if given the chance to run the mansion. Said it would be a huge mistake to close down Fire Station #4. Asked City Council to not close the fire station. Watch 62 of 945 Special Order of Business (SP1) ​​Fiscal Year 2019 Budget Workshop No formal action will be taken regarding the FY 2019 Budget. Budget documents are available here: www.cityofevanston.org/city-budget/. For Discussion Motion: Ald. Rainey Watch Call of the Wards Ward 1: Thanked the staff for all of their hard work. Also shared her concern over comments being made by residents about city staff and their work. Wants everyone to work together. Watch Ward 2: Wanted to share his thoughts on comments made towards city staff. Believes that disparaging remarks are not appropriate towards staff and hopes the public keeps that in mind when making public comments Watch Ward 3: Thanked staff for all of their hard work Watch Ward 4: Thanked the city staff for their hard work and commitment to the city Watch Ward 5: No Report Watch Ward 6: No Report Watch Ward 7: No Report Watch Ward 8: Suggested that Mayor Hagerty control the tone of public comment Watch Ward 9: No Report Watch 63 of 945 Adjournment Mayor Hagerty called a voice vote to adjourn the City Council meeting, and by unanimous vote the meeting was adjourned. 64 of 945 ​​CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, November 12th, 2018 Present: Alderman Fiske Alderman Revelle Alderman Braithwaite Alderman Rainey Alderman Wynne Alderman Fleming Alderman Wilson Alderman Suffredin Alderman Rue Simmons (9) Absent: Presiding: Mayor Stephen Hagerty Devon Reid City Clerk 65 of 945 Mayor’s Public Announcements Mayor Hagerty Announcements: ●National Hunger & Homelessness Awareness Week, November 11-17 2018 Watch City Manager’s Public Announcements City Manager Wally Bobkiewicz Announcements: ●Retirement of Bob Dorneker, Assistant Director of Parks, Recreation & Community Services ●Recognition of Cindy Plante, Economic Development Coordinator Watch City Clerk’s Communications City Clerk Reid shared his November 6, 2018 Post Election Snapshot presentation Watch Public Comment Lonnie Wilson Spoke about the budget and the Youth and Young Adult Services Watch Cherylette Hilton Asked to prioritize the Youth and Young Adult Services by not reorganizing the program. Asked City Council to keep the current structure of the program. Watch Robin Robinson Spoke on behalf of Kevin Brown and the Youth and Young Adult Services. Doesn’t want the program to be dismantled because of the evidence that shows the benefit of the program. Watch Sharon Weeks Read a letter on behalf of Rev. Michael Nabors. The letter spoke of a budget that will benefit all residents, especially those of minority communities.The letter ask Watch Josh Hall Shared his opposition to the proposal to the Youth and Young Adult Services Watch Allie Harned Asked City Council to stop all discussing regarding the demolition of the Harley Clarke mansion. Said the referendum results in favor of preservation speaks to where residents stand on the issue. Watch 66 of 945 Mary Rosinski Stated that the Harley Clarke referendum results were a statement on the preservation of the mansion. Watch Jen Shadur Wanted to partner with the city to create a self sustaining, revenue generating facility. Asked City Council to give her group the opportunity to generate revenue with the Harley Clarke mansion. Watch Pastor Daniel Ruen, Grace Lutheran Church Stated that he is encouraged by the recent proposed emphasis for public health and safety. Concerned that there is still at 20 percent proposed cut to the Mental Health Board. Believes that the budget process is not transparent for the residents of Evanston. Watch Alyce Barry Questioned the motives by the City Manager to dismantle the current Youth and Young Adult Services structure. Asked City Council to preserve the program as it currently stands. Watch Roger Williams Member of Prioritize Our People Coalition, who wanted to know why the City Manager is trying to reorganize the Youth and Young Adults Services. Said that the proposed promotion for Kevin Brown isn’t a promotion. Doesn't want the Youth and Young Adults Services program to be reorganized Watch Gail Schechter Spoke about the​ ​Youth and Young Adult Services program. Watch Peg Haar Stated that a 20 percent cut in the Mental Health budget will negatively impact low income residents. Asked City Council to consider not making cuts to the program. Watch James Engelman Suggested raising fees for services provided by the Fire Department. Watch Paul Barker Believes the current program of the Youth and Young Adult Services should be moved. Implored City Council members to gather all the facts in order to make a better decision about the program. Watch Meredith Dorneker Daughter of Bob Dorneker, Assistant Director of Parks, Recreation & Community Services who thanked the city for recognizing her father on his accomplishment during his tenure for the City of Evanston. Watch Andrew Fisher Voiced his support on behalf of the Evanston Climate Action Plan. Said that Evanston should be a leader in setting the tone for other communities to follow Watch Laura Winston Spoke about sustainability in Evanston. Watch Lesley Williams Expressed her concerns over the proposed restructuring of the Youth and Young Adult Services. Watch 67 of 945 Clare Kelly Shared her disapproval of the new Robert Crown Center. Talked about the debt services and bonds needed to fund the project. Watch Michele Hays Spoke about social services in Evanston and how it is unfair to have those roles be carried out by volunteers. Said Evanston needs to represent those in lower income brackets. Watch Joey Rodger Thanked City Council and staff for their efforts in creating the budget Watch Vivian Chou Voiced her support for the Youth and Young Adult Services. Asked City Council to support the program Watch Doreen Price Talked about investing in local businesses and meter readers. Watch Betty Ester Spoke about the workforce development plan. Watch Margaret Rothe Spoke about the Youth and Young Adult Services. Stated there are several young kids in Evanston with no resources, but the program under Kevin Brown is instrumental in the lives of the kids. Watch Judy Kemp Spoke about the arts in Evanston. She was happy to see grants reinstated in the budget for the arts. Said it was important the city keeps its commitment to the arts in the city Watch Ray Friedman Talked about the city budget and the deficit. Talked about projects being developed during a budget crisis. Watch Angalia Bianca Voiced her support for the Youth and Young Adult Services. Talked about the support this program provides the “at risk” youth. Watch Neil Gambow Shared his experience working with Kevin Brown and the success of the Youth and Young Adult Services. Watch Farrel Wilson President of the Theo Ubique Cabaret Theatre, who thanked City Council for their support. Watch Lorraine Dostal Secretary of the Board for the Theo Ubique Cabaret Theatre, who thanked City Council for their support. Watch Michael Mclean Made a clarification about the parking spaces at 1571 Maple Avenue. He has requested 55 parking spaces, as opposed to the staff recommendation of 70 Watch Albert Gibbs Spoke about agenda items that are meant to increase revenue for the city. These agenda items focus on parking in Evanston. Said the increase of fines and fees will affect low income residents the most. Watch 68 of 945 Special Order of Business (SP1) ​​Fiscal Year 2019 Budget / Revised 2019 Budget Balancing Worksheet No formal action will be taken regarding the FY 2019 Budget. Staff presents City Council with a revised Budget Balancing Worksheet, incorporating changes discussed by City Council. All other Budget documents are available here: www.cityofevanston.org/city-budget/. For Discussion Direction give to Staff Watch Consent Agenda (M1) ​​Approval of Minutes of the Regular City Council Meeting of October 22, 2018 and October 27, 2018. For Action Approved on Consent Agenda Watch (A1) ​​Payroll – October 01, 2018 through October 14, 2018 $ 2,783,484.16 Payroll – October 15, 2018 through October 28, 2018 $ 2,909,989.58 Bills List – November 13, 2018 $ 4,529,828.66 For Action Approved on Consent Agenda (A2) ​​Three-Year Agreement with School District 202 for Salt Purchase City Council authorized the City manager to execute a three year agreement to sell road salt to Evanston School District 202. The agreement period is from November 15, 2018 to April 15, 2021. The price of salt for the period of November 15, 2018 to April 15, 2019 is $70.63 per ton. For Action Approved on Consent Agenda 69 of 945 (A3) ​​Three-Year Agreement with School District 65 for Salt Purchase City Council authorized the City manager to execute a three year agreement to sell road salt to Evanston School District 65. The agreement period is from November 15, 2018 to April 15, 2021. The price of salt for the period of November 15, 2018 to April 15, 2019 is $70.63 per ton. For Action Approved on Consent Agenda (A4) ​​Approval of Contracts for Water Treatment Chemicals for Use in Fiscal Year 2019 City Council authorized the City Manager to execute contracts with the following four vendors to supply water treatment chemicals in response to Bid 18-44: 1) Alexander Chemical Corporation (315 Fifth Street, Peru, IL 61354) in the amount of $167,040.00 to supply liquid aluminum sulfate (alum) and $57,459.60 to supply chlorine; 2) Pencco, Inc. (P.O. Box 600, San Felipe, Tx 77473) in the amount of $119,880.00 to supply HFS acid (fluoride); 3) Polydyne Inc. (One Chemical Plant Road, Riceboro, GA 31323) in the amount of $59,400.00 to supply polymer; and 4) Carus Group Inc., (315 Fifth Street, Peru, IL 61354) in the amount of $134,400.00 to supply blended polyphosphate. The total of these proposed purchases is $538,179.60. Funding for the purchase of alum, chlorine, fluoride and polymer is from the Water Fund account 510.40.4220.65015, which has a proposed budget allocation of $525,500.00 for FY2019. Blended polyphosphate is purchased from the Water Fund account 510.40.4220.65030, which has a proposed FY2019 budget allocation of $114,100.00. For Action Approved on Consent Agenda (A5) ​​Purchase of Directional Drilling Machine from Vermeer Midwest Inc. City Council authorized the City Manager to execute a contract with Vermeer Midwest Inc. (2801 Beverly Drive, Aurora IL 60502) for the purchase of a directional drilling machine in the amount of $99,939.00. Funding for the purchase of the directional drilling machine is from the Water Fund account 510.40.4230.65702, which has a budget allocation of $540,000.00 and a YTD balance of $501,868.18. For Action Approved on Consent Agenda 70 of 945 (A6) ​​Contract with Thieneman Construction, Inc. for the Clearwell 9 Replacement Project (Treated Water Storage) City Council authorized the City Manager to execute a contract for the Clearwell 9 Replacement Project (Bid No. 18-30) with Thieneman Construction, Inc. (17219 Foundation Parkway, Westfield, IN 46074) in the amount of $19,213,700.00, contingent upon receiving the appropriate loan funding from the Illinois Environmental Protection Agency (IEPA). It is anticipated that the IEPA will provide loan funding from the State Revolving Fund in an amount up to $22,800,000.00 for engineering and construction of this project. With this funding, all eligible engineering and construction costs would be funded by a loan repaid over 20 years at 1.84% interest. IEPA loan funding for this work will be routed through the Water Fund, Capital Improvement (Account 513.71.7330.65515-733107), which has an FY 2019 budget allocation of $13,400,000 for this project. For Action Approved on Consent Agenda (A7) ​​Change Order Number 4 to Agreement for Treated Water Storage Replacement Project Engineering Services with CDM Smith City Council authorized the City Manager to execute Change Order No. 4 to the agreement for the Treated Water Storage Replacement Project Engineering Services with CDM Smith (125 South Wacker Drive, Suite 600, Chicago, IL) to extend the contract time to March 31, 2021 which is the end of the planned construction period and close-out activities. There is no change in contract price. For Action Approved on Consent Agenda (A8) ​​Change Order Number 1 to Contract with Monson Nicholas Inc. for the Service Center Parking Deck Restoration City Council approved Change Order #1 to the contract with Monson Nicholas Inc. (714 North Yale Avenue, Villa Park, Illinois 60181) reducing the contract for the Service Center Parking Deck Restoration by $67,576.77. The change is due to the reconciliation between the contractual quantities and the actual quantities provided for the Service Center Emergency Repairs. This will reduce the existing agreement amount from $526,074.00 to $458,497.23. Funding will be provided from the Capital Improvement Program (CIP) General Obligation Bonds (Account 415.40.4118.65515-617023). For Action Approved on Consent Agenda 71 of 945 (A9) ​​Change Order Number 1 to Consulting Contract with Wiss, Janney, Elstner Associates, Inc. for Service Center Emergency Repairs City Council approved Change Order #1 to a contract with Wiss, Janney, Elstner Associates, Inc. (330 Pingsten Road, Northbrook, IL, 60062) that will increase the agreement amount by $19,500, from $44,300 to $63,800. The change is for additional services provided for the Service Center Emergency Repairs. Funding will be provided from the Capital Improvement Program (CIP) 2018 General Obligation Bonds (Account 415.40.4118.65515-617023). For Action Approved on Consent Agenda (A10) ​​Contracts for 2018-2019 Snow Tow Program City Council authorized the City Manager to execute sixteen (16) contracts for snow towing services in an amount not to exceed $60,000. A complete list of vendors can be found on the corresponding transmittal memorandum and attachments. Funding for snow towing contractors is provided by the Snow and Ice Control General Fund (Account 100.40.4550.62451). For Action Approved on Consent Agenda (A11) ​​Professional Services Agreement with We Got Game, LLC for City of Evanston Athletics Programs City Council authorized the City Manager to execute a professional services agreement with We Got Game, LLC (3553 W. Peterson Ave #106, Chicago, IL 60659) for the City of Evanston Athletics Programs run at Robert Crown and Chandler-Newberger Centers. The agreement is for three (3) years with a mutual option to renew for two (2) additional one (1) year options. The agreement period will run from January 1, 2019 through December 31, 2021. Instruction expenses will be paid from Accounts 100.30.3035.62505 and 100.30.3030.62505. Compensation for the vendor varies based on the type of program and number of weeks the camps/programs operate, and will work within the fee structure (70% of revenue to vendor/ 30% of revenue to City). Motion to reduce length of contract from a three-year agreement to one year, which will run from January 1,2019, to December 30, 2019. Passed 8-1​​ Ald. Fleming voted “No” Motion: Ald. Braithwaite Watch 72 of 945 For Action Passed 8-1​​ Ald. Fleming voted “No” (A12) ​​Ordinance 131-O-18, Increasing the Number of Class U Liquor Licenses for Theo Ubique Cabaret Theatre at 721 Howard Street City Council adopted Ordinance 131-O-18, amending Evanston City Code Subsection 3-4-6 (U) to increase the number of Class U Liquor Licenses from one (1) to two (2) and permit issuance of a Class U license to Theo Ubique Theatre, d/b/a Theo Ubique Cabaret Theatre, located at 721 Howard Street. For Introduction and Action Suspension of the rules for Introduction and Action Approved on Consent Agenda (A13) ​​Ordinance 132-O-18, Increasing the Number of Class D Liquor Licenses for Tuko Cantina at 817 University Place City Council adopted Ordinance 131-O-18, amending Evanston City Code Subsection 3-4-6 (D) to increase the number of Class D Liquor Licenses from fifty-one (51) to fifty-two (52) and permit issuance of a Class D license to 817 University LLC, d/b/a Tuko Cantina located at 817 University Place. For Introduction Approved on Consent Agenda (A14) ​​Ordinance 117-O-18, Amending Section 7-12-17 Increasing the Meter Charges and Water Rates City Council adopted Ordinance 117-O-18, which would increase the water meter charges and water rates by eleven percent (11%). For Introduction Approved on Consent Agenda (A15) ​​Ordinance 118-O-18, Amending Section 7-13-3 Decreasing the Sewer User Rates City Council adopted Ordinance 118-O-18, which would decrease the sewer user rate by 7.5%, from $3.66 to $3.39 per billing unit (100 cubic feet of water consumed). For Introduction Approved on Consent Agenda 73 of 945 (A16) ​​Ordinance 128-O-18, Amending Title 8, Chapter 4, Municipal Solid Waste and Increasing the Sanitation Service Charges City Council adopted Ordinance 128-O-18, modifying Title 8, Chapter 4 of the City Code for Municipal Solid Waste increasing the service charges for refuse collected in 95 and 65 gallon roll out carts by 15%, the collection of refuse from condominiums by 2.3% and the charges for special pickups beginning January 1, 2019. For Introduction Passed 8-1​​ Ald. Fleming voted “No” Watch (A17) ​​Ordinance 130-O-18, Amending Section 7-2-6 (G), Moving Vehicle Parking and Storage Containers on Public Ways City Council adopted Ordinance 130-O-18, which would increase the fee to allow public parking spaces and/or other public right-of-way to be reserved for loading and unloading of moving vehicles and storage containers without obstructing traffic flow from $100.00 to $120.00 beginning January 1, 2019. For Introduction Approved on Consent Agenda (A18) ​​Ordinance 134-O-18, Amending Subsections 10-4-5-2(B)(7) and (11) “Parking in Predominantly Residential Areas” City Council adopted Ordinance 134-O-18, amending City Code subsections 10-4-5-2(B)(7) and (11) “Parking in Predominantly Residential Areas” to amend the permit renewal date and increase the residential parking permit from $15.00 to $30.00. For Introduction Approved on Consent Agenda (A19) ​​Ordinance 142-O-18, Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 17, Schedule XVII: Parking Violation Penalties City Council adopted Ordinance 142-O-18, amending City Code Section 10-11-17, Schedule XVII, Parking Violation Penalties increasing the fine for a street sweeping violation by thirty five dollars ($35) to seventy five dollars ($75) with a fifty dollar ($50.00) additional penalty if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability. A policy change regarding towing procedures will accompany this change to reduce the financial hardship and inconvenience that vehicle owners currently endure as part of sweeping 74 of 945 operations. Staff also recommends increasing the fine for an expired parking meter by five dollars ($5) to twenty-five dollars ($25) effective January 1, 2019 as part of the FY2019 budget proposal. For Introduction Approved on Consent Agenda (A20) ​​Ordinance 145-O-18, Amending Various Sections of Title 10, Chapter 11, Section 12 “Parking Meter Zones” City Council adopted Ordinance 145-O-18, amending various sections of Title 10, Chapter 11, Section 12 “Parking Meter Zones” adding Sunday enforcement from twelve o’clock (1:00) p.m. to nine o’clock (9:00) p.m., increasing the rate of all two (2) hour meters from one dollar ($1.00) per hour to one dollar fifty cents ($1.50) per hour, all long term meters from twenty-five cents ($.25) per hour to fifty cents ($.50) per hour and all twenty (20) minute meters from twenty-five cents ($.25) to fifty cents ($.50) beginning March 1, 2019 with an automatic increase to two dollars ($2.00) per hour and fifty cents ($.50) per fifteen (15) minutes in FY 2020. The cost of replacement stickers and reprogramming the parking meters will be paid for through the Parking Fund. For Introduction Approved on Consent Agenda (A21) ​​Ordinance 143-O-18, Amending “Schedule of License Fees” of City Code Section 10-8-3(A) – “Wheel Tax” City Council adopted Ordinance 143-O-18 amending Section 10-8-3(A), “Schedule of License Fees”, increasing the annual license fees by $10.00. For Introduction Approved on Consent Agenda (A22) ​​Ordinance 148-O-18, Amending Section 3-25-2 “Imposition of Tax” to Increase the Real Estate Transfer Tax for Transactions with a Sale Price over $1,500,000 City Council adopted Ordinance 148-O-18, amending City Code Section 3-25-2, “Imposition of Tax” to increase the Real Estate Transfer Tax for sales with a price over $1,500,000.01. For sale prices: up to $1.5 million the tax is $5.00 for every $1,000 of value; from $1,500,000.01 to $5 million the tax is $7.00 for every $1,000 of value; and prices at $5,000,000.01 or more the tax is $9.00 for every $1,000 of value. 75 of 945 For Introduction Approved on Consent Agenda (A23) ​​Ordinance 136-O-18, Expediting Planning & Zoning Review and Building Permits City Council adopted Ordinance 136-O-18, amending Ordinance 125-O17 regarding the City of Evanston Permit Fee Schedule. The proposal will create an application and fee schedules for expediting permit and plan review services. For Introduction Approved on Consent Agenda (A24) ​​Ordinance 135-O-18, Amending Section 3-2-4 “Hotel-Motel and Vacation Rental Tax” to Add Bed and Breakfast Establishments City Council adopted Ordinance 135-O-18, amending Section 3-2-4 “Hotel-Motel and Vacation Rental Tax” to add Bed and Breakfast Establishments. For Introduction Approved on Consent Agenda (A25) ​​Ordinance 137-O-18, Amending Title 5, Chapter 9, Licensing of Vacation Rentals City Council adopted Ordinance 137-O-18, amending Ordinance 50-O13 to improve compliance with vacation rental licensing requirements. Staff proposes to increase vacation rental licensing fees to align with cost of administering the program. For Introduction Approved on Consent Agenda (A26) ​​Ordinance 141-O-18, Amending Rental Registration of Rental Residential Buildings to Include Inspection Requirements and Add Accessory Dwelling Units City Council approved Ordinance 141-O-18 Amending Rental Registration of Rental Residential Buildings to include inspection requirements and the addition of accessory dwelling units. This amends the rental registration process to include a fee of $200 for the initial inspection and registration of existing dwelling units, including accessory dwelling units (ADUs)/coach houses, and a fine from $75 to $375 for renting an unregistered unit following the “amnesty period.” These changes, including the fee structure, were approved unanimously by City Council on October 29, 2018. 76 of 945 For Introduction Approved on Consent Agenda (A27) ​​Ordinance 133-O-18, Amending Section 3-2-19, “Transportation Network Company Tax” City Council adopted Ordinance 133-O-18, Amending Section 3-2-19 of the Evanston City Code, “Transportation Network Company Tax.” The Ordinance adds the definition of shared rides and solo rides, and adds a fee of forty-five cents ($.45) per solo ride in a transportation network vehicle. Motion to amend the ordinance for the tax be tiered. Shared rides at 20 cents, solo rides at 45 cents and wheelchair accessible rides be tax-free. Passed 9-0 For Introduction Passed 9-0 Motion: Ald. Suffredin Watch (A28) ​​Ordinance 150-O-18 Amending Section 9-2-3 (B), Increasing Fire Department Transport Fees City staff requests City Council adoption of Ordinance 150-O-18 amending Section 9-2-3 of the City Code, increasing the ambulance transport fees to $1,500 irrespective of the type of call. For Introduction Approved on Consent Agenda (A29) ​​2018 Holiday Parking City Council approved a free holiday validation program for parking meters and the City’s three Downtown Self-Park Garages for evenings and weekends beginning November 24, 2018 through January 5, 2019. Funding is provided by the Parking Fund. The anticipated expense for this program is estimated at $30,000. For Action Approved on Consent Agenda 77 of 945 (P1) ​​Vacation Rental License for 1918 Jackson Avenue City Council approved a Vacation Rental License for the property located at 1918 Jackson Avenue. The Vacation Rental meets all of the Standards and Procedures for license approval. This item was held at the October 8 meeting until the next Planning & Development meeting. For Action Approved on Consent Agenda Motion: Ald. Wilson Watch (P2) ​​Vacation Rental License for 1005 Dewey Avenue City Council approved a Vacation Rental License for the property located at 1005 Dewey Ave. The Vacation Rental meets all of the Standards and Procedures for license approval. For Action Approved on Consent Agenda (P3) ​​Resolution 99-R-18, Authorizing the City Manager to Purchase Two Vacant Lots Located at 2122 Darrow Avenue and 2113 Dewey Avenue City Council approved Resolution 99-R-18 authorizing the City Manager to purchase two vacant lots located at 2122 Darrow Avenue and 2113 Dewey Avenue in Evanston, Illinois for the sum of two dollars ($2.00). 2122 Darrow Avenue and 2113 Dewey Avenue are vacant land acquired as foreclosed housing with Neighborhood Stabilization Program 2 (NSP2) funds. The properties are being transferred to the City so the City may close out its NSP2 grant with Housing and Urban Development by December 31, 2018. For Action Approved on Consent Agenda (P4) ​​Ordinance 112-O-18, Granting Major Zoning Relief for Building Lot Coverage, Setbacks, and Open Parking at 2626 Reese Avenue City staff recommends adoption and the Zoning Board of Appeals recommends denial of Ordinance 112-O-18 for major zoning relief for 42.5% building lot coverage where a maximum 30% is allowed, a 3’ south interior side yard setback where 5’ is required for the principal structure, a 3.5’ street side yard setback where 15’ is required for the principal structure, an 8.5’ street side yard setback where 15’ is required for a deck, a 10’ street side yard setback where 15’ is required for a detached garage, and a 1’ street side yard setback where 15’ is required for open parking, in the R1 Single Family Residential District. The Zoning Board of Appeals 78 of 945 determined the proposal does not meet all Standards for Major Variation, specifically that the proposal would result in a substantial adverse impact on the use, enjoyment or property values of adjoining properties, and that the requested variations are not the least deviation from the applicable regulations among the feasible options identified. For Introduction Held in Committee (P5) ​​Ordinance 144-O-18 Granting a Special Use for a Type 2 Restaurant and Drive-Through Facility, McDonald’s Restaurant, at 1919 Dempster St. City Council approved Ordinance 144-O-18 granting special use approval for a Type 2 Restaurant and a dual lane Drive-Through Facility for McDonald’s Restaurant in the C2 District. The applicant has complied with all zoning requirements, and meets all of the standards of a special use for this district. For Introduction and Action Approved on Consent Agenda (P6) ​​Ordinance 147-O-18, Major Adjustment to a Planned Development at 1571 Maple Avenue City Council adopted Ordinance 147-O-18 for approval of a Major Adjustment to a Planned Development at 1571 Maple Avenue in order to modify the parking lease condition of approval (Z) from 101 parking spaces to 70 parking spaces available within either the Maple Avenue or Sherman Avenue garages, as well as to modify the on-site affordable housing condition of approval (Q) to provide one (1) one-bedroom on-site affordable housing unit to households with incomes at or below fifty percent (50%) of Area Median Income (AMI) instead of two (2) housing units affordable to households at or below 100% AMI. The period of affordability of the unit would remain at 10 years from first rent up. Motion to amend the ordinance to remove Sherman Avenue garage, reduce parking spaces to 55 and increase the Area Median Income (AMI) to 60% for the affordable unit. Passed 9-0 For Introduction Passed 9-0 Motion: Ald. Wilson Watch 79 of 945 (O1) ​​Ordinance 140-O-18, Amending City Code Section 2-13-1, “Board Establishment and Composition” of the Board of Animal Control City Council adopted Ordinance 140-O18 amending Section 2-13-1 “Board Establishment and Composition” of the Board of Animal Control, reducing the number of members from seven (7) to six (6), and the number of City Council members from two (2) to one (1). For Introduction Approved on Consent Agenda Motion: Ald. Fiske Watch (O2) ​​Dissolution of Taxicab Advisory Board City staff reports the Taxicab Advisory Board was dissolved through Ordinance 66-O-16, "Amending and Revising Title 3, Chapter 17 of the Evanston City Code Regarding Taxicabs and Motor Vehicles for Hire,” by deleting the entire Section that referenced the Board. For Action: Accept and Place on File Approved on Consent Agenda (O3) ​​Contract for Consulting Services with Teska for Study and Creation of Special Service Area for Central Street and Green Bay Road City Council authorized the City Manager to execute a contract for consulting services for the study and creation of a special service area (SSA) for the Central Street and Green Bay Road area with Teska (627 Grove Street Evanston, Illinois 60201) for a total amount of $24,035. Economic development staff recommends utilizing the Economic Development Consulting Services Fund (Account 100.21.5300.62185). To date, no funds have been used from this account, leaving the account with $25,000. For Action Approved on Consent Agenda Motion: Ald. Braithwaite Watch 80 of 945 Call of the Wards Ward 1: No Report Watch Ward 2: No Report Watch Ward 3: No Report Watch Ward 4: No Report Watch Ward 5: Ward meeting November 14 at 7:00 p.m. at Family Focus Watch Ward 6: No Report Watch Ward 7: No Report Watch Ward 8: No Report Watch Ward 9: Shared her frustration of not keeping the Youth and Young Adult Services intact through budget season for a more thorough discussion. Concerned the public has not been given a response by city staff in regards to the program. Wants a presentation prepared for residents to hear about the future of the program. Residents are voicing their frustration of not being heard by City Council about preserving the program. Watch Adjournment Mayor Hagerty called a voice vote to adjourn the City Council meeting, and by unanimous vote the meeting was adjourned. 81 of 945 ​​CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, November 19th, 2018 Present: Alderman Fiske Alderman Revelle Alderman Braithwaite Alderman Rainey Alderman Wynne Alderman Fleming Alderman Wilson Alderman Suffredin Alderman Rue Simmons (9) Absent: Presiding: Mayor Stephen Hagerty Devon Reid City Clerk 82 of 945 Mayor’s Public Announcements Mayor Hagerty announced the passing of Pandora Pratt, Police Records Bureau Manager. Proclaimed November 24 as Small Business Saturday for the local businesses that contribute to the development of the city. Watch City Manager’s Public Announcements City Manager Wally Bobkiewicz invited staff to speak about the Illinois State Fire Marshall Presentation of Award to the City of Evanston – ISO Class 1 Status Watch City Clerk’s Communications City Clerk Devon Reid read a letter submitted by Lisa DiChiera, Director of Advocacy for Landmarks Illinois. Watch Public Comment Elliot Zashin Voiced his support to fund the Victim Services Program. Cutting the service will decrease the form of care residents receive from the program. Watch Lenny Lampkin Stated that the city is looking to privatize vital city services such as the Victims Services. Said this would provide a lack of care needed. Laying off the staff would mark the end of services victims need during their time of need. Watch Lesley Williams Talked about the two staff members of the victim services and how their job has been compromised because they were relocated from the police department. The most vulnerable residents are the ones using these services and need the utmost care. Watch Melissa Appelt Spoke against the proposed budget cuts from the Mental Health Board. Thanked City Council for the reinstatement of the budget for the Mental Health Board Watch Junad Rizki Stated that his criticism of city staff is targeted towards Director level staff for their performance and not towards the workers conducting department operations. Spoke about the budget deficit and he Watch 83 of 945 predicts a 15-20% tax increase for the year 2020. Kathy Kearns Voiced her support for any budget changes to keep Fire Station #4 operational. Shared the story of her son, who has an allergic reaction that would require EMS assistance if he were to ingest food he is allergic too. Asked City Council to fund Fire Station #4 Watch Vivian Chou Voiced her support for Victims Services. Said that restructuring of victim services is not a reflection of the values of Evanstonians. Privatizing the service will create barriers to the most vulnerable citizens of the city. Watch Traci Kurtzer Spoke about supporting victims after a gun violence incident. Victims of gun violence rely heavily on the victims services provided by the city. The work provided by victim services help reduce the number of future incidents. Asked City Council to support the victims services. Watch Carl Klein Voiced his support for the preservation of the Harley Clarke mansion. Watch Michael Vasilko Shared his disappointment of City Council members who voted in favor of incurring millions of bonds at the expense of the Evanston tax payers. Said his criticism of Council members and city staff is not personal, but based of the facts presented by the budget. Watch Harris Miller Shared his concerns about the proposed cuts to the victims services department. Said the work performed by the current staff is invaluable. Wants these services to work effectively with proper funding. Watch James Engelman Believed that keeping crossing guards in the community is a good idea. Watch Joshua Hall Shared his experience of talking with members of the community whose kids have benefited from the Youth and Young Adult Services. Asked City Council to reflect on how this service of the city can be improved to help residents. Watch Betty Ester Wanted to know what the financial situation would be for the city if projections for the first quarter of 2019 are not received. This information must be known before the approval of the 2019 budget. Watch Doreen Price Believes that social services are important for residents. Said inadequate representation in services would negatively affects those who require the service. Watch Ray Friedman Congratulated City Council members and residents who actively participated in the budget process. Shared his idea of creating a 4 step process through which projects would be placed for Watch 84 of 945 consideration and approval. Alex Finnegan Voiced his support and advocacy for sustainability in Evanston. Creating a carbon neutral city would lower cost, rather than increase them. Asked City Council to support efforts for sustainability in Evanston. Watch Dereka Ross Voiced her support for the continuation of funding of victim services. Shared her experience on working alongside the staff of victims services. Said she received tremendous support from the staff and believes it is an important service for the city and its residents. Watch Consent Agenda (1) ​​Agreement for Crossing Guards Services with Andy Frain Services, Inc. City Council authorized the City Manager to enter into a three-year agreement with Andy Frain Services, Inc. (761 Shoreline Drive, Aurora, IL 60504) to provide crossing guard services in an amount not to exceed $620,662 per year with two one year optional extensions (RFP #18-52). Funding will be from the School Crossing Guards Fund (Account 100.19.1942.61060). For Action Passed 8-1​​ Ald. Suffredin voted “No” Watch (2) ​​Resolution 82-R-18, General Obligation Debt Property Tax Abatement City Council adopted Resolution 82-R-18 abatement for General Obligation Bonds, Series 2010B. For Action Passed 7-2​​ Ald. Simmons and Ald. Suffredin voted “No” Watch 85 of 945 (3) ​​Resolution 83-R-18, General Obligation Debt Property Tax Abatement City Council adopted Resolution 83-R-18 abatement for General Obligation Bonds, Series 2011A. For Action Passed 7-2​​ Ald. Simmons and Ald. Suffredin voted “No” Watch (4) ​​Resolution 84-R-18, General Obligation Debt Property Tax Abatement City Council adopted Resolution 84-R-18 abatement for General Obligation Bonds, Series 2012A. For Action Passed 7-2​​ Ald. Simmons and Ald. Suffredin voted “No” (5) ​​Resolution 85-R-18, General Obligation Debt Property Tax Abatement City Council adopted Resolution 85-R-18 abatement for General Obligation Bonds, Series 2013A. For Action Passed 7-2​​ Ald. Simmons and Ald. Suffredin voted “No” (6) ​​Resolution 86-R-18, General Obligation Debt Property Tax Abatement City Council adopted Resolution 86-R-18 abatement for General Obligation Bonds, Series 2013B. For Action Passed 7-2​​ Ald. Simmons and Ald. Suffredin voted “No” (7) ​​Resolution 87-R-18, General Obligation Debt Property Tax Abatement City Council adopted Resolution 87-R-18 abatement for General Obligation Bonds, Series 2014A. For Action Passed 7-2​​ Ald. Simmons and Ald. Suffredin voted “No” 86 of 945 (8) ​​Resolution 88-R-18, General Obligation Debt Property Tax Abatement City Council adopted Resolution 88-R-18 abatement for General Obligation Bonds, Series 2015A. For Action Passed 7-2​​ Ald. Simmons and Ald. Suffredin voted “No” (9) ​​Resolution 89-R-18, General Obligation Debt Property Tax Abatement City Council adopted Resolution 89-R-18 abatement for General Obligation Bonds, Series 2015B. For Action (10) ​​Resolution 90-R-18, General Obligation Debt Property Tax Abatement City Council adopted Resolution 90-R-18 abatement for General Obligation Bonds, Series 2016A. For Action Passed 7-2​​ Ald. Simmons and Ald. Suffredin voted “No” (11) ​​Resolution 91-R-18, General Obligation Debt Property Tax Abatement City Council adopted Resolution 91-R-18 abatement for General Obligation Bonds, Series 2017A. For Action Passed 7-2​​ Ald. Simmons and Ald. Suffredin voted “No” (12) ​​Resolution 92-R-18, General Obligation Debt Property Tax Abatement City Council adopted Resolution 92-R-18 abatement for General Obligation Bonds, Series 2017C. For Action Passed 7-2​​ Ald. Simmons and Ald. Suffredin voted “No” 87 of 945 (13) ​​Resolution 93-R-18, General Obligation Debt Property Tax Abatement City Council adopted Resolution 93-R-18 abatement for General Obligation Bonds, Series 2018A. For Action Passed 7-2​​ Ald. Simmons and Ald. Suffredin voted “No” (14) ​​Resolution 94-R-18, General Obligation Debt Property Tax Abatement City Council adopted Resolution 94-R-18 abatement for General Obligation Bonds, Series 2018B. For Action Passed 7-2​​ Ald. Simmons and Ald. Suffredin voted “No” (15) ​​Resolution 95-R-18, General Obligation Debt Property Tax Abatement City Council adopted Resolution 95-R-18 abatement for General Obligation Bonds, Series 2018C. For Action Passed 7-2​​ Ald. Simmons and Ald. Suffredin voted “No” (16) ​​Resolution 96-R-18, General Obligation Debt Property Tax Abatement City Council adopted Resolution 96-R-18 abatement for General Obligation Bonds, Series 2018D. For Action Passed 7-2​​ Ald. Simmons and Ald. Suffredin voted “No” (17) ​​Ordinance 123-O-18: City of Evanston 2018 Tax Levy City Council adopted Tax Levy Ordinance 123-O-18, which levies the annual property tax for General Fund Operations, Illinois Municipal Retirement Fund (IMRF), Police and Fire Pension Funds, and the General Assistance Fund totaling $31,539,995. The corresponding total for 2017 Levy was $30,101,220. For Action Passed 6-3​​ Ald. Simmons, Suffredin and Fleming voted “No” Motion: Ald. Rainey Watch 88 of 945 (18) ​​Ordinance 124-O-18: Evanston Library Fund 2018 Tax Levy City Council adopted Tax Levy Ordinance 124-O-18, per Library Board action on October 17, 2018, which levies the annual property tax for the Evanston Public Library in the amount of $6,887,755. For Action Passed 6-3​​ Ald. Rue Simmons, Suffredin and Rainey voted “No” Watch (19) ​​Ordinance 125-O-18: Solid Waste Fund 2018 Tax Levy City Council adopted Tax Levy Ordinance 125-O-18, which levies the annual property tax for the Solid Waste Fund in the amount of $836,735. For Action Passed 6-3​​ Ald. Rue Simmons, Suffredin and Fleming voted “No” Watch (20) ​​Ordinance 126-O-18: Special Service Area #4 2018 Tax Levy City Council adopted Tax Levy Ordinance 126-O-18, which levies the annual property tax for Special Service Area #4 in the amount of $535,714. For Action Passed 9-0 Watch (21) ​​Ordinance 127-O-18: Special Service Area #6 2018 Tax Levy City Council adopted Tax Levy Ordinance 127-O-18, which levies the annual property tax for Special Service Area #6 in the amount of $225,510. For Action Passed 9-0 Watch (22) ​​Ordinance 117-O-18, Amending Section 7-12-17 Increasing the Meter Charges and Water Rates City Council adopted Ordinance 117-O-18, which would increase the water meter charges and water rates by eleven percent (11%). For Action Passed 9-0 Watch 89 of 945 (23) ​​Ordinance 118-O-18, Amending Section 7-13-3 Decreasing the Sewer User Rates City Council adopted Ordinance 118-O-18, which would decrease the sewer user rate by 7.5%, from $3.66 to $3.39 per billing unit (100 cubic feet of water consumed). For Action Passed 9-0 Watch (24) ​​Ordinance 128-O-18, Amending Title 8, Chapter 4, Municipal Solid Waste and Increasing the Sanitation Service Charges City Council adopted Ordinance 128-O-18, modifying Title 8, Chapter 4 of the City Code for Municipal Solid Waste increasing the service charges for refuse collected in 95 and 65 gallon roll out carts by 15%, the collection of refuse from condominiums by 2.3% and the charges for special pickups beginning January 1, 2019. Amended to remove $25 fee on recycling violations For Action Passed 5-4 ​​ Ald. Rue Simmons, Suffredin, Fleming and Fiske voted “No” Watch (25) ​​Ordinance 130-O-18, Amending Section 7-2-6 (G), Moving Vehicle Parking and Storage Containers on Public Ways City Council adopted Ordinance 130-O-18, which would increase the fee to allow public parking spaces and/or other public right-of-way to be reserved for loading and unloading of moving vehicles and storage containers without obstructing traffic flow from $100.00 to $120.00 beginning January 1, 2019. For Action Passed 9-0 Watch (26) ​​Ordinance 134-O-18, Amending Subsections 10-4-5-2(B)(7) and (11) “Parking in Predominantly Residential Areas” City Council adopted Ordinance 134-O-18, amending City Code subsections 10-4-5-2(B)(7) and (11) “Parking in Predominantly Residential Areas” to amend the permit renewal date and increase the residential parking permit from $15.00 to $30.00. For Action Passed 8-1​​ Ald. Suffredin voted “No” Watch 90 of 945 (27) ​​Ordinance 142-O-18, Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 17, Schedule XVII: Parking Violation Penalties City Council adopted Ordinance 142-O-18, amending City Code Section 10-11-17, Schedule XVII, Parking Violation Penalties increasing the fine for a street sweeping violation by thirty five dollars ($35) to seventy five dollars ($75) with a fifty dollar ($50.00) additional penalty if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability. A policy change regarding towing procedures will accompany this change to reduce the financial hardship and inconvenience that vehicle owners currently endure as part of sweeping operations. Staff also recommends increasing the fine for an expired parking meter by five dollars ($5) to twenty-five dollars ($25) effective January 1, 2019 as part of the FY2019 budget proposal. For Action Passed 5-4 ​​ Ald. Rue Simmons, Suffredin, Fiske and Braithwaite voted “No” Watch (28) ​​Ordinance 145-O-18, Amending Various Sections of Title 10, Chapter 11, Section 12 “Parking Meter Zones” City Council adopted Ordinance 145-O-18, amending various sections of Title 10, Chapter 11, Section 12 “Parking Meter Zones” adding Sunday enforcement from one o’clock (1:00) p.m. to nine o’clock (9:00) p.m., increasing the rate of all two (2) hour meters from one dollar ($1.00) per hour to one dollar fifty cents ($1.50) per hour, all long term meters from twenty-five cents ($.25) per hour to fifty cents ($.50) per hour and all twenty (20) minute meters from twenty-five cents ($.25) to fifty cents ($.50) beginning March 1, 2019 with an automatic increase to two dollars ($2.00) per hour and fifty cents ($.50) per fifteen (15) minutes on January 1, 2020. The cost of replacement stickers and reprogramming the parking meters will be paid for through the Parking Fund. For Action Passed 5-4​​ Ald. Rue Simmons, Suffredin, Revelle and Fiske voted “No” Watch (29) ​​Ordinance 143-O-18, Amending “Schedule of License Fees” of City Code Section 10-8-3(A) – “Wheel Tax” City Council adopted Ordinance 143-O-18 amending Section 10-8-3(A), “Schedule of License Fees”, increasing the annual license fees by $10.00. For Action Passed 6-3​​ Ald. Rue Simmons, Suffredin and Fleming voted “No” Watch 91 of 945 (30) ​​Ordinance 148-O-18, Amending Section 3-25-2 “Imposition of Tax” to Increase the Real Estate Transfer Tax for Transactions with a Sale Price over $1,500,000 City Council adopted Ordinance 148-O-18, amending City Code Section 3-25-2, “Imposition of Tax” to increase the Real Estate Transfer Tax for sales with a price over $1,500,000.01. For sale prices: up to $1.5 million the tax is $5.00 for every $1,000 of value; from $1,500,000.01 to $5 million the tax is $7.00 for every $1,000 of value; and prices at $5,000,000.01 or more the tax is $9.00 for every $1,000 of value. For Action Passed 9-0 Watch (31) ​​Ordinance 136-O-18, Expediting Planning & Zoning Review and Building Permits City Council adopted Ordinance 136-O-18, amending Ordinance 125-O17 regarding the City of Evanston Permit Fee Schedule. The proposal will create an application and fee schedules for expediting permit and plan review services. For Action Passed 9-0 Watch (32) ​​Ordinance 135-O-18, Amending Section 3-2-4 “Hotel-Motel and Vacation Rental Tax” to Add Bed and Breakfast Establishments City Council adopted Ordinance 135-O-18, amending Section 3-2-4 “Hotel-Motel and Vacation Rental Tax” to add Bed and Breakfast Establishments. For Action Passed 9-0 Watch (33) ​​Ordinance 137-O-18, Amending Title 5, Chapter 9, Licensing of Vacation Rentals City Council adopted Ordinance 137-O-18, amending Ordinance 50-O13 to improve compliance with vacation rental licensing requirements. Staff proposes to increase vacation rental licensing fees to align with cost of administering the program. For Action Passed 9-0 Watch 92 of 945 (34) ​​Ordinance 141-O-18, Amending Rental Registration of Rental Residential Buildings to Include Inspection Requirements and Add Accessory Dwelling Units City Council approved Ordinance 141-O-18 Amending Rental Registration of Rental Residential Buildings to include inspection requirements and the addition of accessory dwelling units. This amends the rental registration process to include a fee of $200 for the initial inspection and registration of existing dwelling units, including accessory dwelling units (ADUs)/coach houses, and a fine from $75 to $375 for renting an unregistered unit following the “amnesty period.” These changes, including the fee structure, were approved unanimously by City Council on October 29, 2018. For Action Passed 9-0 Watch (35) ​​Ordinance 133-O-18, Amending Section 3-2-19, “Transportation Network Company Tax” City Council adopted Ordinance 133-O-18, Amending Section 3-2-19 of the Evanston City Code, “Transportation Network Company Tax.” The Ordinance adds the definition of shared rides, solo rides, and wheelchair accessible rides and increases the fee assessed for a solo ride from twenty cents ($.20) to forty-five cents ($.45) per solo ride in a transportation network vehicle. Wheelchair accessible rides are exempt from the fee and the fee assessed for a shared ride remains at twenty cents per ride ($.20). For Action Passed 9-0 Watch (36) ​​Resolution 101-R-18, Approving the 2019 Fiscal Year Budget of the City of Evanston City Council approved Resolution 101-R-18 adopting the FY 2019 Budget of the City of Evanston, in the amount of $319,155,950. Amendments: 1.Total expenditure $319,165,450; General fund expenditures $114,153,373. 2.Fund 2 FT victim advocate position for six months, eliminate vacant victim advocate position, and include funds for six-month contract with the YWCA. Services to be reviewed by June 1, 2019. Watch 93 of 945 Motion to increase the existing amusement tax from 4% to 5% Failed 6-3​​ Ald. Rue Simmons, Rainey and Fleming voted “Yes” For Action Passed 6-3 ​​ Ald. Rue Simmons, Suffredin and Fleming voted “No” Motion: Ald. Rainey Call of the Wards Ward 1: Thanked everyone who voiced their opinion on the budget process Watch Ward 2: Thanked residents who participated in the budget discussion. Also informed the public about the new location of the Democratic Party of Evanston. Celebrated the NAACP fundraiser. Wished everyone a Happy Thanksgiving Watch Ward 3: Wished everyone a Happy Thanksgiving Watch Ward 4: Wished everyone a Happy Thanksgiving Watch Ward 5: Wished everyone a Happy Thanksgiving Watch Ward 6: Asked everyone to lock up their cars to prevent theft Watch Ward 7: Gave an update to the proposed easement request on the Canal Shore Golf Course Watch Ward 8: Thanked residents who wrote letters about the budget and attended the meetings Watch Ward 9: Thanked residents who participated in the budget discussion Watch 94 of 945 Adjournment Mayor Hagerty called a voice vote to adjourn the City Council meeting, and by unanimous vote the meeting was adjourned. 95 of 945 ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, December 10, 2018 6:00 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston James C. Lytle Council Chambers AGENDA I. DECLARATION OF A QUORUM: ALDERMAN RUE SIMMONS II. APPROVAL OF MINUTES OF REGULAR MEETING OF NOVEMBER 12, 2018 III. CONSENT CALENDAR All matters listed under the Item III (3), Consent Calendar, are considered by the Committee to be routine and will be enacted in one motion without discussion. If discussion is desired, that item may be removed and considered separately. (A1) Payroll – October 29, 2018 through November 11, 2018 $ 2,965,372.47 Payroll – November 12, 2018 through November 25, 2018 $ 2,874,863.60 Bills List – November 27, 2018 $ 3,921,011.32 Bills List – December 11, 2018 $23,336,386.14 For Action (A2) Purchase of Insurance/Renewals – Property, Excess Liability & Excess Worker’s Compensation for Fiscal Year 2019 City staff recommends approval to purchase the outlined policies at a total cost of $556,524. The policies will renew all insurance coverage for the City of Evanston for Fiscal Year 2019. Both insurance brokers are in the third year of a three-year contract award to place insurance coverages. Premium quotations received reflected the tightening of insurance markets across all sectors. There was a slight increase in cumulative total pricing for all policies by $680, which excludes the workers compensation and the new policy for environmental liability. Funding will be from the following funds: Insurance Fund Account 605.99.7800.62615 in the amount of $525,000; and Workers’ Compensation Fund Account 605.9978000.66044 in the amount of $130,000. For Action 96 of 945 (A3) 2018 Post Bond Issuance Report Staff recommends the City Council review and place the 2018 Post Bond Issuance Report on file. For Action: Accept and Place on File (A6) Three-Year Contract with Silk Screen Express, Inc. for AFSCME Uniforms Staff recommends the City Council authorize the City Manager to execute a purchase order in response to Bid #18-58 to award the 2019-21 AFSCME Uniform Contract to Silk Screen Express, Inc. (7611 W. 185th Street, Tinley Park, IL 60477) for a term of three years with a not to exceed amount of $187,500.00. Funding for 2019 will be from Public Works Agency- Clothing Fund (Account 100.40.4105.65020) with a FY19 YTD balance of $62,500. For Action (A7) Contract for Emergency Purchase and Installation of Equipment and Services for a Fire Suppression System at Service Center – Data Center with Phoenix Fire Systems Staff recommends City Council authorize the City Manager to execute an agreement for the emergency purchase of equipment and services to install a Kidde-Fenwal Novec 1230 Clean Agent Fire Suppression System at 2020 Asbury Service Center -Data Room with Phoenix Fire Systems (744 Nebraska Street, Frankfort, IL 60423) in the amount of $ 34,945.00. This project will be funded from the Capital Improvement Fund 2018 General Obligation Bonds (Account No. 415.40.4118.65515 - 618033). This will use funding set aside for Facilities Contingency, which was budgeted at $275,000 in FY 2018 and has $120,039 remaining. For Action (A8) Sole Source Purchase of Equipment from Dell Technologies for Data Center Operations Infrastructure Upgrade Staff recommends City Council authorize the sole source purchase of three Dell PowerEdge servers, two EMC storage area network appliances, and additional related equipment from Dell Technologies (1 Dell Way, Round Rock, TX, 78682) in the amount of $141,173.44. This purchase enables IT to replace failing infrastructure in the city’s data center that support critical City services. Funding is provided by Capital Improvement Fund in the amount of $50,000 in 2018 General Obligation Bonds and $91,173 from the 2019 Capital Improvement Fund using funding approved in the FY 2019 Adopted Budget. For Action 97 of 945 (A9) 2019-2021 Renewal of Building Automation Service Agreement for HVAC Systems with Schneider Electric Staff recommends City Council authorize the City Manager to execute a three- year, single source service agreement for the Building Automation System (BAS) with Schneider Electric (17475 Palmer Blvd., Homewood, IL 60430) in the amount of $36,167.00 for FYI 2019, $37,005.00 for FYI 2020 and $37,869.00 for FYI 2021 to cover hardware/software and service visits for HVAC systems in 16 City buildings and properties. Initially in 2019 this is about a 27% increase from 2018 due to the addition of coverage for 8 more locations. In following years 2020 and 2021 this is less than a 3% increase each year. Funding will be from the Facilities Fund (Account 100.19.1950.62509). For Action (A11) Resolution 111-R-18, One-Year Lease Agreement for Office Space at the Lorraine H. Morton Civic Center Staff recommends City Council adoption of Resolution 111-R-18 authorizing the City Manager to negotiate the lease of office space with Evanston Development Cooperative (EDC) at the rate of $324.50 per month for 12 months beginning January 2, 2019 for 275 square feet of space on the third floor of the Civic Center, Suite 3601. For Action (A12) Resolution 107-R-18, Eight-Month Lease Renewal with Mudlark Theatre for Space at the Noyes Cultural Arts Center Staff recommends City Council approval of Resolution 107-R-18 authorizing the City Manager to enter into an agreement for an eight (8)-month renewal lease with Mudlark Theatre for space at the Noyes Cultural Arts Center. The monthly rental rate is $3,183.62, which includes a 2% increase from 2018 rates. For Action (A13) Resolution 108-R-18, Nine-Month Lease with Evanston Children’s Choir for Studio Space at Noyes Cultural Arts Center Staff recommends City Council approval of Resolution 108-R-18 authorizing the City Manager to enter into an agreement for a nine (9)-month renewal lease with Evanston Children’s Choir for studio space at the Noyes Cultural Arts Center. The monthly rent rate is $1,362.92, which include a 2% increase from 2018 rates. For Action (A14) Resolution 106-R-18, Twelve-Month Lease Agreements for Studio Space at Noyes Cultural Arts Center Staff recommends City Council approval of Resolution 106-R-18 authorizing the City Manager to enter into twenty-two (22) renewal agreements for a twelve (12) month lease for the artist leases for studios at the Noyes Cultural Arts Center. Fees include a two percent (2%) rental rate increase from 2018 rates. For Action 98 of 945 (A16) Resolution 109-R-18, Authorization to Negotiate and Execute an Easement for Existing Sidewalk in the Alley Adjacent to 324 Dempster Street Staff recommends City Council adopt Resolution 109-R-18 authorizing the City Manager to execute an easement agreement with the property owner of 324 Dempster Street for a two-and-a-half feet wide by seventy five feet long easement in the alley adjacent to property. The easement would be granted for a 50 year period. For Action (A17) Ordinance 121-O-18, Donation of Ambulance to the North Regional Major Crimes Task Force Organization Staff recommends that City Council adopt Ordinance 121-O-18, directing the City Manager to donate an ambulance owned by the City to the North Regional Major Crimes Task Force, Major Crash Assistance Team. This vehicle has been determined to be surplus as a result of a new vehicle replacement being put into service. For Introduction (A22) Ordinance 156-O-18, Increasing the Number of Class D Liquor Licenses for Lao Sze Chuan located at 1633 Orrington Avenue Local Liquor Commissioner recommends City Council adoption of Ordinance 156-O-18, amending Class D Liquor License from fifty-one to fifty-two for Fortune Cookie Group, Inc., d/b/a Lao Sze Chuan, 1633 Orrington Avenue. Alderman Fiske requests suspension of the rules for Introduction and Action at the December 10, 2018 City Council meeting. For Introduction and Action (A23) Ordinance 157-O-18, Increasing the Number of Class H Liquor Licenses for Colectivo Coffee located at 716 Church Street Local Liquor Commissioner recommends City Council adoption of Ordinance 157-O-18, amending Class H Liquor License from one to two for Colectivo Coffee Roasters, Inc., d/b/a Colectivo Coffee, 716 Church Street. Alderman Fiske requests suspension of the rules for Introduction and Action at the December 10, 2018 City Council meeting. For Introduction and Action 99 of 945 IV. ITEMS FOR CONSIDERATION (A4) Contract with Amber Mechanical Contractors, Inc., for Chandler-Newberger Center HVAC Improvements Phase II Staff recommends City Council authorize the City Manager to execute a contract for the Chandler-Newberger HVAC Improvements Phase II Project with Amber Mechanical Contractors, Inc., (11950 S. Central Ave., Alsip, Illinois) in the amount of $362,000.00. This project will be funded from the Capital Improvement Fund which has an available budget of $565,000 for this project. A further breakdown of funding can be found on the corresponding transmittal memorandum. For Action (A5) Contract with Landmark Contractors, Inc. for Sherman Avenue Improvements Staff recommends City Council authorize the City Manager to execute a contract award for the Sherman Avenue Improvements Project (Bid #18-50) with Landmark Contractors, Inc. (11916 W. Main Street, Huntley, Illinois 60142), in the amount of $825,071.84. Funding is available through the Washington National TIF in the amount of $900,000 (Account No. 415.40.4218.65515- 418028). This improvement is being funded from projected savings in the Fountain Square construction project and through the use of additional available funds in the Washington National TIF fund. For Action (A10) Second One-Year Extension for the Management and Operations of Three Self-Park Facilities with SP+ Municipal Services Staff recommends that City Council authorize the City Manager to extend the contract for the Management and Operations of three City owned Self-Park Facilities to SP+ Municipal Services (200 East Randolph Street, Suite 5475, Chicago, IL 60601) in the amount of $1,530,198 for 2019 with no additional extensions (RFP #15-65). Funding for the contract will be provided by the following Parking Fund accounts: Church Street Garage (505.19.7025.62400); Sherman Avenue Garage (505.19.7036.62400); and Maple Avenue Garage (505.19.7037.6240). For Action (A15) Resolution 110-R-18, Amendment to the Purchase and Sale Agreement for the City-Owned Real Property Located at 1714-20 Chicago Avenue to Chicago Avenue Partners, LLC Staff recommends City Council approval of Resolution 110-R-18, “Authorizing the City Manager to Amend the Purchase and Sale Agreement for the City-Owned Real Property Located at 1714-20 Chicago Avenue to Chicago Avenue Partners, LLC” The first amendment to the contract, executed in July 2018 established an approval period which expires at 5:00 p.m. Central Time on December 12, 2018. For Action 100 of 945 (A18) Ordinance 122-O-18, Authorization to Negotiate a Redevelopment Agreement and the Sale of City Property at 2222 Oakton to Clark Street Real Estate, LLC Staff recommends City Council approval of Ordinance 122-O-18, “Authorizing the City Manager to Negotiate a Redevelopment Agreement and the Sale of City- Owned Real Property Located at 2222 Oakton Street with Clark Street Real Estate, LLC”. A two-thirds majority of City Council is required to adopt Ordinance 122-O-18. Due to the single meeting in December, City Manager requests suspension of the Rules for Introduction and Adoption at the December 10, 2018 City Council meeting. For Introduction and Action (A19) Ordinance 153-O-18, Amending City Code Section 3-4-6(E) to Allow for Sale of Alcoholic Liquor Greater than 6.76 Fluid Ounces and Wine Greater than 6.32 Fluid Ounces Liquor License Commissioner recommends City Council adoption of Ordinance 153-O-18, amending City Code Section 3-4-6(E) to allow for sale of alcoholic liquor greater than 6.76 fluid ounces and wine greater than 6.32 fluid ounces. Mayor Stephen H. Hagerty requests suspension of the rules for Introduction and Action at the December 10, 2018 City Council meeting. For Introduction and Action (A20) Ordinance 154-O-18, Amending City Code Section 3-4-6(L) to Allow for Sale of Alcoholic Liquor Greater than 6.76 Fluid Ounces and Wine Greater than 6.32 Fluid Ounces Liquor License Commissioner recommends City Council adoption of Ordinance 154-O-18, amending City Code Section 3-4-6(L) to allow for sale of alcoholic liquor greater than 6.76 fluid ounces and wine greater than 6.32 fluid ounces. Mayor Stephen H. Hagerty requests suspension of the rules for Introduction and Action at the December 10, 2018 City Council meeting. For Introduction and Action (A21) Ordinance 155-O-18, Amending City Code Section 3-4-3(O) to Allow for Sale of Wine Greater than 6.32 Fluid Ounces Liquor License Commissioner recommends City Council adoption of Ordinance 155-O-18, amending City Code Section 3-4-3(O) to allow for the sale of wine greater than 6.32 fluid ounces. Mayor Stephen H. Hagerty requests suspension of the rules for Introduction and Action at the December 10, 2018 City Council meeting. For Introduction and Action 101 of 945 (A24) Ordinance 161-O-18, Amending City Code Section 10-11-18 and 10-11-22 – Resident Parking Only Districts The Transportation/Parking Committee and Staff recommend City Council adopt Ordinance 161-O-18, amending City Code Section 10-11-18 Schedule XVIII(Q) and Section 10-11-22 Schedule XVIII(C), Residents Parking Only Districts, to for District S to become EVS District 3 with a review of the changes after six months to be presented to the Transportation/Parking Committee in the second half of 2019. For Introduction (A25) Ordinance 150-O-18 Amending Section 9-2-3 (B) of the Evanston City Code, Increasing Fire Department Transport Fees City staff requests City Council adoption of Ordinance 150-O-18 amending Section 9-2-3 of the Evanston City Code, increasing the ambulance transport fees. Ordinance 150-O-18 was Introduced at the November 12, 2018 Administration & Public Works Committee and City Council, but was requested to return to the Committee for further discussion and final Action. For Action V. ITEMS FOR DISCUSSION VI. COMMUNICATIONS VII. ADJOURNMENT 102 of 945 Administration and Public Works Committee Meeting Minutes of November 12, 2018 James C. Lytle Council Chambers – 6:00 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: C. Fleming, P. Braithwaite, T. Suffredin, R. Rue Simmons, A. Rainey STAFF PRESENT: D. Stoneback, H. Desai, A. Ruggie, E. Storlie, K. Hawk, L. Biggs, W. Bobkiewicz, T. Nunez, D. King, S. Mangum, S. Flax, J. Leonard PRESIDING OFFICIAL: Ald. Rue Simmons I. DECLARATION OF A QUORUM: ALDERMAN RUE SIMMONS, CHAIR A quorum being present, Ald. Rue Simmons called the meeting to order at 6:01p.m. II. APPROVAL OF MINUTES OF REGULAR MEETING OF OCTOBER 22, 2018 Ald. Braithwaite moved to accept the Minutes of October 22, 2018 and the A&PW meeting as submitted, seconded by Ald. Fleming. The Minutes of the October 22, 2018 A&PW meeting were approved unanimously 5-0. III. CONSENT CALENDAR All matters listed under the Item III (3), Consent Calendar, are considered by the Committee to be routine and will be enacted in one motion without discussion. If discussion is desired, that item may be removed and considered separately. (A1) Payroll – October 01, 2018 through October 14, 2018 $ 2,783,484.16 Payroll – October 15, 2018 through October 28, 2018 $ 2,909,989.58 Bills List – November 13, 2018 $ 4,529,828.66 For Action (A2) Three-Year Agreement with School District 202 for Salt Purchase Staff recommends City Council authorize the City Manager to execute a three- year agreement to sell road salt to Evanston School District 202. The agreement period is from November 15, 2018 to April 15, 2021. The price of salt for the period of November 15, 2018 to April 15, 2019 is $70.63 per ton. For Action DRAFT - NOT APPROVED 103 of 945 (A3) Three-Year Agreement with School District 65 for Salt Purchase Staff recommends City Council authorize the City Manager to execute a three- year agreement to sell road salt to Evanston School District 65. The agreement period is from November 15, 2018 to April 15, 2021. The price of salt for the period of November 15, 2018 to April 15, 2019 is $70.63 per ton. For Action (A4) Approval of Contracts for Water Treatment Chemicals for Use in Fiscal Year 2019 Staff recommends that City Council authorize the City Manager to execute contracts with the following four vendors to supply water treatment chemicals in response to Bid 18-44: 1) Alexander Chemical Corporation (315 Fifth Street, Peru, IL 61354) in the amount of $167,040.00 to supply liquid aluminum sulfate (alum) and $57,459.60 to supply chlorine; 2) Pencco, Inc. (P.O. Box 600, San Felipe, Tx 77473) in the amount of $119,880.00 to supply HFS acid (fluoride); 3) Polydyne Inc. (One Chemical Plant Road, Riceboro, GA 31323) in the amount of $59,400.00 to supply polymer; and 4) Carus Group Inc., (315 Fifth Street, Peru, IL 61354) in the amount of $134,400.00 to supply blended polyphosphate. The total of these proposed purchases is $538,179.60. Funding for the purchase of alum, chlorine, fluoride and polymer is from the Water Fund account 510.40.4220.65015, which has a proposed budget allocation of $525,500.00 for FY2019. Blended polyphosphate is purchased from the Water Fund account 510.40.4220.65030, which has a proposed FY2019 budget allocation of $114,100.00. For Action (A5) Purchase of Directional Drilling Machine from Vermeer Midwest Inc. Staff recommends City Council authorize the City Manager to execute a contract with Vermeer Midwest Inc. (2801 Beverly Drive, Aurora IL 60502) for the purchase of a directional drilling machine in the amount of $99,939.00. Funding for the purchase of the directional drilling machine is from the Water Fund account 510.40.4230.65702, which has a budget allocation of $540,000.00 and a YTD balance of $501,868.18. For Action (A6) Contract with Thieneman Construction, Inc. for the Clearwell 9 Replacement Project (Treated Water Storage) Staff recommends that City Council authorize the City Manager to execute a contract for the Clearwell 9 Replacement Project (Bid No. 18-30) with Thieneman Construction, Inc. (17219 Foundation Parkway, Westfield, IN 46074) in the amount of $19,213,700.00, contingent upon receiving the appropriate loan funding from the Illinois Environmental Protection Agency (IEPA). It is anticipated that the IEPA will provide loan funding from the State Revolving Fund in an amount up to $22,800,000.00 for engineering and construction of this project. With this funding, all eligible engineering and construction costs would be funded by a loan repaid over 20 years at 1.84% interest. IEPA loan funding for this work will be routed through the Water Fund, Capital Improvement (Account 104 of 945 513.71.7330.65515-733107), which has an FY 2019 budget allocation of $13,400,000 for this project. For Action (A7) Change Order Number 4 to Agreement for Treated Water Storage Replacement Project Engineering Services with CDM Smith Staff recommends that City Council authorize the City Manager to execute Change Order No. 4 to the agreement for the Treated Water Storage Replacement Project Engineering Services with CDM Smith (125 South Wacker Drive, Suite 600, Chicago, IL) to extend the contract time to March 31, 2021 which is the end of the planned construction period and close-out activities. There is no change in contract price. For Action (A10) Contracts for 2018-2019 Snow Tow Program Staff recommends that City Council authorize the City Manager to execute sixteen (16) contracts for snow towing services in an amount not to exceed $60,000. A complete list of vendors can be found on the corresponding transmittal memorandum and attachments. Funding for snow towing contractors is provided by the Snow and Ice Control General Fund (Account 100.40.4550.62451). For Action (A13) Ordinance 132-O-18, Increasing the Number of Class D Liquor Licenses for Tuko Cantina at 817 University Place Local Liquor Commissioner recommends City Council adoption of Ordinance 131-O-18, amending Evanston City Code Subsection 3-4-6 (D) to increase the number of Class D Liquor Licenses from fifty-one (51) to fifty-two (52) and permit issuance of a Class D license to 817 University LLC, d/b/a Tuko Cantina located at 817 University Place. For Introduction (A14) Ordinance 117-O-18, Amending Section 7-12-17 Increasing the Meter Charges and Water Rates Staff recommends that City Council adopt Ordinance 117-O-18, which would increase the water meter charges and water rates by eleven percent (11%). For Introduction (A15) Ordinance 118-O-18, Amending Section 7-13-3 Decreasing the Sewer User Rates Staff recommends that City Council adopt Ordinance 118-O-18, which would decrease the sewer user rate by 7.5%, from $3.66 to $3.39 per billing unit (100 cubic feet of water consumed). For Introduction 105 of 945 (A20) Ordinance 145-O-18, Amending Various Sections of Title 10, Chapter 11, Section 12 “Parking Meter Zones” Staff recommends City Council adopt Ordinance 145-O-18, amending various sections of Title 10, Chapter 11, Section 12 “Parking Meter Zones” adding Sunday enforcement from twelve o’clock (12:00) p.m. to nine o’clock (9:00) p.m., increasing the rate of all two (2) hour meters from one dollar ($1.00) per hour to one dollar fifty cents ($1.50) per hour, all long term meters from twenty-five cents ($.25) per hour to fifty cents ($.50) per hour and all twenty (20) minute meters from twenty-five cents ($.25) to fifty cents ($.50) beginning March 1, 2019 with an automatic increase to two dollars ($2.00) per hour and fifty cents ($.50) per fifteen (15) minutes in FY 2020. The cost of replacement stickers and reprogramming the parking meters will be paid for through the Parking Fund. For Introduction (A23) Ordinance 136-O-18, Expediting Planning & Zoning Review and Building Permits Staff recommends adoption of Ordinance 136-O-18, amending Ordinance 125-O- 17 regarding the City of Evanston Permit Fee Schedule. The proposal will create an application and fee schedules for expediting permit and plan review services. For Introduction (A24) Ordinance 135-O-18, Amending Section 3-2-4 “Hotel-Motel and Vacation Rental Tax” to Add Bed and Breakfast Establishments Staff recommends adoption of Ordinance 135-O-18, amending Section 3-2-4 “Hotel-Motel and Vacation Rental Tax” to add Bed and Breakfast Establishments. For Introduction (A25) Ordinance 137-O-18, Amending Title 5, Chapter 9, Licensing of Vacation Rentals Staff recommends adoption of Ordinance 137-O-18, amending Ordinance 50-O- 13 to improve compliance with vacation rental licensing requirements. Staff proposes to increase vacation rental licensing fees to align with cost of administering the program. For Introduction (A29) 2018 Holiday Parking The Transportation & Parking Committee and staff recommend City Council approval of a free holiday validation program for parking meters and the City’s three Downtown Self-Park Garages for evenings and weekends beginning November 24, 2018 through January 5, 2019. Funding is provided by the Parking Fund. The anticipated expense for this program is estimated at $30,000. For Action Ald. Fleming moved to recommend approval of the consent calendar, seconded by Ald. Braithwaite. The Committee voted unanimously 5-0 to approve the consent calendar. 106 of 945 IV. ITEMS FOR CONSIDERATION (A11) Professional Services Agreement with We Got Game, LLC for City of Evanston Athletics Programs Staff recommends City Council authorize the City Manager to execute a professional services agreement with We Got Game, LLC (3553 W. Peterson Ave #106, Chicago, IL 60659) for the City of Evanston Athletics Programs run at Robert Crown and Chandler-Newberger Centers. The agreement is for three (3) years with a mutual option to renew for two (2) additional one (1) year options. The agreement period will run from January 1, 2019 through December 31, 2021. Instruction expenses will be paid from Accounts 100.30.3035.62505 and 100.30.3030.62505. Compensation for the vendor varies based on the type of program and number of weeks the camps/programs operate, and will work within the fee structure (70% of revenue to vendor/ 30% of revenue to City). For Action Ald. Fleming moved to recommend City Council authorize the City Manager to execute a professional services agreement with We Got Game, LLC for the City of Evanston Athletics Programs run at Robert Crown and Chandler-Newberger Centers for three (3) years with a mutual option to renew for two (2) additional one (1) year options for the period of January 1, 2019 through December 31, 2021, seconded by Ald. Rainey. At Ald. Fleming’s inquiry, Assistant Director of Parks, Recreation and Community Services (PRCS) Karen Hawk explained that City staff runs some of the basketball leagues. This contract is for more specialized camps. The Robert Crown Center runs a T-ball league and a basketball camp. Chandler-Newberger runs a basketball and flag football camp. The camps are more specialized and work on various drills and activities. There is not enough staff to cover all of the camps and league sessions. Aldl Fleming suggested hiring seasonal staff to run the T-ball league rather than outsourcing and splitting revenue in a two-year contract. Ald. Braithwaite backs the hiring of seasonal staff and also suggested partnering with local organizations instead of outsourcing to our neighbors. He supports a one-year agreement and would like staff to look explore alternatives for either running the programs in-house or with local organizations. Assistant Director of PRCS Hawk expressed concerns of in-house programs competing age groups and time slots with other basketball and flag football leagues. She noted that basketball and T-ball camps have always been outsourced. Basketball leagues are run by City staff during the school year. Ald. Fleming does not support the contract. She would like to see local people run the programs or keeping it in-house to bring down the cost. Ald. Braithwaite moved to recommend amending the contract date to January 1, 2019 through December 31, 2019, seconded by Ald. Rue Simmons. 107 of 945 The Committee voted 4-1 wit Ald. Fleming opposed to approving the amended contract. (A12) Ordinance 131-O-18, Increasing the Number of Class U Liquor Licenses for Theo Ubique Cabaret Theatre at 721 Howard Street Local Liquor Commissioner recommends City Council adoption of Ordinance 131-O-18, amending Evanston City Code Subsection 3-4-6 (U) to increase the number of Class U Liquor Licenses from one (1) to two (2) and permit issuance of a Class U license to Theo Ubique Theatre, d/b/a Theo Ubique Cabaret Theatre, located at 721 Howard Street. For Introduction Ald. Rainey moved to recommend City Council adoption of Ordinance 131- O-18, amending Evanston City Code Subsection 3-4-6 (U) to increase the number of Class U Liquor Licenses from one (1) to two (2) and permit issuance of a Class U license to Theo Ubique Theatre, d/b/a Theo Ubique Cabaret Theatre, located at 721 Howard Street, seconded by Ald. Fleming. Ald. Rainey explained that Theo Ubique is a dinner theater and has requested to seel liquor 2 hours before and 2 hours after the show. They plan to open December 5, 2018. She asked to suspend the rules and take action on this item tonight. Ald. Rainey moved to suspend the rules and recommend City Council adoption of Ordinance 131-O-18, amending Evanston City Code Subsection 3-4-6 (U) to increase the number of Class U Liquor Licenses from one (1) to two (2) and permit issuance of a Class U license to Theo Ubique Theatre, d/b/a Theo Ubique Cabaret Theatre, located at 721 Howard Street, seconded by Ald. Rue Simmons. The Committee voted unanimously 5-0 to suspend the rules and adopt the ordinance. (A17) Ordinance 130-O-18, Amending Section 7-2-6 (G), Moving Vehicle Parking and Storage Containers on Public Ways Staff recommends that City Council adopt Ordinance 130-O-18, which would increase the fee to allow public parking spaces and/or other public right-of-way to be reserved for loading and unloading of moving vehicles and storage containers without obstructing traffic flow from $100.00 to $120.00 beginning January 1, 2019. For Introduction Ald. Fleming moved to recommend City Council adopt Ordinance 130-O-18, which would increase the fee to allow public parking spaces and/or other public right-of-way to be reserved for loading and unloading of moving vehicles and storage containers without obstructing traffic flow from $100.00 to $120.00 beginning January 1, 2019, seconded by Ald. Rainey. At Ald. Fleming’s inquiry, City Manager Wally Bobkiewicz confirmed that there is no permit necessary for parking storage containers on private property lawfully for 30 days. A permit is only required for the use of the right-of-way. 108 of 945 The Committee voted unanimously 5-0 to adopt the ordinance. (A18) Ordinance 134-O-18, Amending Subsections 10-4-5-2(B)(7) and (11) “Parking in Predominately Residential Areas” Staff recommends City Council adopt Ordinance 134-O-18, amending City Code subsections 10-4-5-2(B)(7) and (11) “Parking in Predominately Residential Areas” to amend the permit renewal date and increase the residential parking permit from $15.00 to $30.00. For Introduction Ald. Suffredin moved to recommend City Council adopt Ordinance 134-O- 18, amending City Code subsections 10-4-5-2(B)(7) and (11) “Parking in Predominately Residential Areas” to amend the permit renewal date and increase the residential parking permit from $15.00 to $30.00, seconded by Ald. Rue Simmons. The Committee voted 4-1 with Ald. Suffredin opposed to adoption of the ordinance. (A21) Ordinance 143-O-18, Amending “Schedule of License Fees” of City Code Section 10-8-3(A) – “Wheel Tax” City staff requests City Council adoption of Ordinance 143-O-18 amending Section 10-8-3(A), “Schedule of License Fees”, increasing the annual license fees by $10.00. For Introduction Ald. Suffredin moved to recommend City Council adoption of Ordinance 143-O-18 amending Section 10-8-3(A), “Schedule of License Fees”, increasing the annual license fees by $10.00, seconded by Ald. Braithwaite. The Committee voted 4-1 with Ald. Suffredin opposed to adoption of the ordinance. (A22) Ordinance 148-O-18, Amending Section 3-25-2 “Imposition of Tax” to Increase the Real Estate Transfer Tax for Transactions with a Sale Price over $1,500,000 Staff recommends City Council adoption of Ordinance 148-O-18, amending City Code Section 3-25-2, “Imposition of Tax” to increase the Real Estate Transfer Tax for sales with a price over $1,500,000.01. For sale prices: up to $1.5 million the tax is $5.00 for every $1,000 of value; from $1,500,000.01 to $5 million the tax is $7.00 for every $1,000 of value; and prices at $5,000,000.01 or more the tax is $9.00 for every $1,000 of value. For Introduction Ald. Suffredin moved to recommend City Council adoption of Ordinance 148-O-18, amending City Code Section 3-25-2, “Imposition of Tax” to increase the Real Estate Transfer Tax for sales with a price over $1,500,000.01. For sale prices: up to $1.5 million the tax is $5.00 for every $1,000 of value; from $1,500,000.01 to $5 million the tax is $7.00 for every $1,000 of value; and prices at $5,000,000.01 or more the tax is $9.00 for every $1,000 of value, seconded by Ald. Braithwaite. 109 of 945 At Ald. Suffredin’s inquiry, City Manager Bobkiewicz confirmed that the price increase will go into effect for any property purchased after January 1, 2019. The Committee voted unanimously 5-0 to adopt the ordinance. (A26) Ordinance 141-O-18, Amending Rental Registration of Rental Residential Buildings to Include Inspection Requirements and Add Accessory Dwelling Units Staff recommends approval of ordinance 141-O-18 Amending Rental Registration of Rental Residential Buildings to include inspection requirements and the addition of accessory dwelling units. This amends the rental registration process to include a fee of $200 for the initial inspection and registration of existing dwelling units, including accessory dwelling units (ADUs)/coach houses, and a fine from $75 to $375 for renting an unregistered unit following the “amnesty period.” These changes, including the fee structure, were approved unanimously by City Council on October 29, 2018. For Introduction Ald. Rainey moved to recommend approval of Ordinance 141-O-18 Amending Rental Registration of Rental Residential Buildings to include inspection requirements and the addition of accessory dwelling units amending the rental registration process to include a fee of $200 for the initial inspection and registration of existing dwelling units, including accessory dwelling units (ADUs)/coach houses, and a fine from $75 to $375 for renting an unregistered unit following the “amnesty period,” seconded by Ald. Rue Simmons. Ald. Rainey supports the intent, but is concerned that this will raise the cost of rental housing. She asked about the current status of the rental registration programand when the amnesty program is being introduced. The City has an obligation to inform residents of the registration program. Health and Human Services Public Health Manager Ike Ogbo explained that the City is informed of unregistered units by complaint or inspection staff driving by a unit. A notice is then sent to the property owner to register the unit. Currently, there are over 3,000 registered rental units. The City will inform property owners of the registration period by sending notices, encouraging registration through the City website, ward meetings, e-mail and the RENT Evanston program. City Manager Bobkiewicz proposed adding language for an effective date of April 1, 2019 to give ample time for notification and compliance. This information will be included in the January 2019 water bill mailing. Ald. Rue Simmons suggested hosting a workshop to educate landlords on the expectation of the rental registration program. The Committee voted unanimously 5-0 to adopt the ordinance. 110 of 945 (A27) Ordinance 133-O-18, Amending Section 3-2-19, “Transportation Network Company Tax” City staff requests City Council adoption of Ordinance 133-O-18, Amending Section 3-2-19 of the Evanston City Code, “Transportation Network Company Tax.” The Ordinance adds the definition of shared rides and solo rides, and adds a fee of forty-five cents ($.45) per solo ride in a transportation network vehicle. For Introduction Ald. Suffredin moved to recommend City Council adoption of Ordinance 133-O-18, Amending Section 3-2-19 of the Evanston City Code, “Transportation Network Company Tax” adding the definition of shared rides and solo rides, and adds a fee of forty-five cents ($.45) per solo ride in a transportation network vehicle, seconded by Ald. Rainey. Ald. Suffredin moved to recommend amendment of Ordinance 133-O-18 to add a fee of twenty cents ($.20) per shared ride, forty-five cents ($.45) per solo ride and wheelchair accessible rides are exempt, seconded by Ald. Braithwaite. Ald. Rue Simmons requested staff reach out to the ride-share companies to inquire about the availability of wheelchair accessible vehicles in Evanston. She has encountered challenges with requesting vehicles for residents. The Committee voted unanimously 5-0 to adopt the amended ordinance. (A28) Ordinance 150-O-18 Amending Section 9-2-3 (B), Increasing Fire Department Transport Fees City staff requests City Council adoption of Ordinance 150-O-18 amending Section 9-2-3 of the City Code, increasing the ambulance transport fees to $1,500 irrespective of the type of call. For Introduction Ald. Fleming moved to recommend City Council adoption of Ordinance 150-O-18 amending Section 9-2-3 of the City Code, increasing the ambulance transport fees to $1,500 irrespective of the type of call, seconded by Ald. Rainey. Chief Financial Officer/Treasurer Hitesh Desai explained that the change will only affect the insurance company bills. Evanston residents and people with Medicare or Medicaid will not be affected. Insured, non-residents insurance companies will be billed the full amount. Uninsured, non-residents will be billed directly. Ald. Rue Simmons expressed concerns about uninsured non-resident billing. She asked for an income waiver for those with financial hardships. Ald. Rainey understands the intent to capture the maximum reimbursement rate from the insurance companies, but does not want to price gouge people without insurance (resident or non-resident). She suggested holding this item and having staff come back with more information. 111 of 945 City Manager Bobkiewicz recommended approving this item and referring it back to Committee for additional clarity. The Committee voted unanimously 5-0 to adopt the ordinance. (A8) Change Order Number 1 to Contract with Monson Nicholas Inc. for the Service Center Parking Deck Restoration Staff recommends approval of Change Order #1 to the contract with Monson Nicholas Inc. (714 North Yale Avenue, Villa Park, Illinois 60181) reducing the contract for the Service Center Parking Deck Restoration by $67,576.77. The change is due to the reconciliation between the contractual quantities and the actual quantities provided for the Service Center Emergency Repairs. This will reduce the existing agreement amount from $526,074.00 to $458,497.23. Funding will be provided from the Capital Improvement Program (CIP) General Obligation Bonds (Account 415.40.4118.65515-617023). For Action Ald. Rue Simmons moved to recommend approval of Change Order #1 to the contract with Monson Nicholas Inc. reducing the contract for the Service Center Parking Deck Restoration by $67,576.77 due to the reconciliation between the contractual quantities and the actual quantities provided for the Service Center Emergency Repairs reducing the existing agreement amount from $526,074.00 to $458,497.23, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to approve the change order. (A9) Change Order Number 1 to Consulting Contract with Wiss, Janney, Elstner Associates, Inc. for Service Center Emergency Repairs Staff recommends approval of Change Order #1 to a contract with Wiss, Janney, Elstner Associates, Inc. (330 Pingsten Road, Northbrook, IL, 60062) that will increase the agreement amount by $19,500, from $44,300 to $63,800. The change is for additional services provided for the Service Center Emergency Repairs. Funding will be provided from the Capital Improvement Program (CIP) 2018 General Obligation Bonds (Account 415.40.4118.65515-617023). For Action Ald. Braithwaite moved to recommend approval of Change Order #1 to a contract with Wiss, Janney, Elstner Associates, Inc. that will increase the agreement amount by $19,500, from $44,300 to $63,800 for additional services provided for the Service Center Emergency Repairs, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to approve the change order. (A16) Ordinance 128-O-18, Amending Title 8, Chapter 4, Municipal Solid Waste and Increasing the Sanitation Service Charges Staff recommends City Council adoption of Ordinance 128-O-18, modifying Title 8, Chapter 4 of the City Code for Municipal Solid Waste increasing the service charges for refuse collected in 95 and 65 gallon roll out carts by 15%, the 112 of 945 collection of refuse from condominiums by 2.3% and the charges for special pick- ups beginning January 1, 2019. For Introduction Ald. Fleming moved to recommend City Council adoption of Ordinance 128-O-18, modifying Title 8, Chapter 4 of the City Code for Municipal Solid Waste increasing the service charges for refuse collected in 95 and 65 gallon roll out carts by 15%, the collection of refuse from condominiums by 2.3% and the charges for special pick-ups beginning January 1, 2019, seconded by Ald. Rainey. The Committee voted 4-1 with Ald. Fleming opposed to adoption of the ordinance. (A19) Ordinance 142-O-18, Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 17, Schedule XVII: Parking Violation Penalties The Transportation & Parking Committee and staff recommend City Council adoption of Ordinance 142-O-18, amending City Code Section 10-11-17, Schedule XVII, Parking Violation Penalties increasing the fine for a street sweeping violation by thirty five dollars ($35) to seventy five dollars ($75) with a fifty dollar ($50.00) additional penalty if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability. A policy change regarding towing procedures will accompany this change to reduce the financial hardship and inconvenience that vehicle owners currently endure as part of sweeping operations. Staff also recommends increasing the fine for an expired parking meter by five dollars ($5) to twenty-five dollars ($25) effective January 1, 2019 as part of the FY2019 budget proposal. For Introduction Ald. Rainey moved to recommend adoption of of Ordinance 142-O-18, amending City Code Section 10-11-17, Schedule XVII, Parking Violation Penalties increasing the fine for a street sweeping violation by thirty five dollars ($35) to seventy five dollars ($75) with a fifty dollar ($50.00) additional penalty if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability, including a policy change regarding towing procedures to reduce the financial hardship and inconvenience that vehicle owners currently endure as part of sweeping operations; also increasing the fine for an expired parking meter by five dollars ($5) to twenty-five dollars ($25) effective January 1, 2019 as part of the FY 2019 budget proposal, seconded by Ald. Fleming. Ald. Rue Simmons was concerned with the how the street sweeping penalty would financially affect residents in dense neighborhoods with limited parking. She also shared concerns about residents with mobility issues that cannot find an alternative parking space. She proposed not increasing the street sweeping fine. She asked about hardship programs for boot-eligible vehicles. Assistant City Manager Erika Storlie explained that the policy change reduces the financial hardship and inconvenience cause by towing. Currently, when a 113 of 945 vehicle is towed for a street sweeping violation the ticket is $40, $125 to North Shore Towing plus any storage fees. The City is working with the parking vendor, Passport Parking, to implement a payment plan after January 1, 2019. The Committee voted 4-1 with Ald. Rue Simmons opposed to adoption of the ordinance. PUBLIC COMMENT Dan Joseph expressed concerns regarding the proposed increase in parking enforcement officers. He does not believe there is a direct correlation between increasing revenue by increasing the number of staff. All things do not equal. Ald. Rainey explained that the new staff would support neighborhood parking enforcement in dense neighborhoods for nights and weekends. Chicago residents sometimes park in Evanston because of the lack of enforcement. V. ITEMS FOR DISCUSSION VI. COMMUNICATIONS VII. ADJOURNMENT Ald. Braithwaite moved to recommend adjournment, seconded by Ald. Fleming. The meeting adjourned at 7:02pm. Respectfully Submitted, Janella Hardin, PHR 114 of 945 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Hitesh Desai, Chief Financial Officer Tera Davis, Accounts Payable Coordinator Subject: City of Evanston Payroll and Bills Date: December 7, 2018 Recommended Action: Staff recommends approval of the City of Evanston Payroll and Bills List. Summary: Payroll – October 29, 2018 through November 11, 2018 $ 2,965,372.47 (Payroll includes employer portion of IMRF, FICA, and Medicare) Payroll – November 12, 2018 through November 25, 2018 $ 2,874,863.60 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – November 27, 2018 $ 3,921,011.32 General Fund Amount – Bills list $ 414,874.22 General Fund Amount – Supplemental list $ 11,349.61 General Fund Total: $ 426,223.83 Bills List – December 11, 2018 $23,336,386.14 General Fund Amount – Bills list $ 883,280.67 General Fund Amount – Supplemental list $ 2,061.49 General Fund Total: $ 885,342.16 TOTAL AMOUNT OF BILLS LIST & PAYROLL $33,097,633.53 *Advanced checks are issued prior to submission of the Bills List to the City Council for emergency purposes, to avoid penalty, or to take advantage of early payment discounts. Attachments: Bills List For City Council meeting of December 10, 2018 Item A1 Business of the City by Motion: City Payroll and Bills For Action Memorandum 115 of 945 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11.27.2018 100 GENERAL FUND 1505 CITY MANAGER 64540 AT & T MOBILITY *COMMUNICATION CHARGES - OCTOBER 2018 101.40 64540 AT & T MOBILITY *COMMUNICATION CHARGES - NOVEMBER 2018 101.40 65095 OFFICE DEPOT OFFICE SUPPLIES 20.98 1505 CITY MANAGER Total 223.78 1510 PUBLIC INFORMATION 64004 AVI SYSTEMS, INC.COUNCIL CHAMBERS BROADCAST EQUIPMENT SUPPORT RENEWAL 4,125.00 1510 PUBLIC INFORMATION Total 4,125.00 1560 REVENUE & COLLECTIONS 51565 EVANSTON TOWNSHIP HIGH SCHOOL REBATE OF 2017-2018 MUNICIPAL TAX 29,328.74 51565 EVANSTON/SKOKIE SCHOOL DISTRICT 65 REBATE OF 2017-2018 MUNICIPAL TAX 46,246.85 51570 EVANSTON TOWNSHIP HIGH SCHOOL REBATE OF 2017-2018 MUNICIPAL TAX 4,391.66 51625 EVANSTON TOWNSHIP HIGH SCHOOL REBATE OF 2017-2018 MUNICIPAL TAX 5,832.63 51625 EVANSTON/SKOKIE SCHOOL DISTRICT 65 REBATE OF 2017-2018 MUNICIPAL TAX 4,773.63 61060 ACCOUNTING PRINCIPALS SEASONAL HIRE FOR TRACEY OMANN 1,151.56 62210 MSF GRAPHICS, INC.VISITOR PASS ORDER 1,316.98 62315 PITNEY BOWES MAIL SUPPLIES 687.51 62431 DUNBAR ARMORED ARMORED CAR SERVICES 3,390.52 65045 THIRD MILLENNIUM ASSOCIATES, INC.2019 WHEEL TAX SET UP 23,628.36 65045 THIRD MILLENNIUM ASSOCIATES, INC.MONTHLY SERVER FEE 450.00 65095 OFFICE DEPOT OFFICE SUPPLIES 471.33 1560 REVENUE & COLLECTIONS Total 121,669.77 1575 PURCHASING 65095 OFFICE DEPOT OFFICE SUPPLIES 23.01 1575 PURCHASING Total 23.01 1580 COMMUNITY ARTS 66040 TERRENCE KARPOWICZ *PUBLIC ART LEASE 2,500.00 66040 CHICAGO PUBLIC ART GROUP *GIBBS-MORRISON CULTURAL CENTER 15,000.00 66040 JOANNA KRAMER *MUGS FOR BRIGHT NIGHT FOR THE ARTS 320.00 1580 COMMUNITY ARTS Total 17,820.00 1705 LEGAL ADMINISTRATION 65095 OFFICE DEPOT OFFICE SUPPLIES 34.16 1705 LEGAL ADMINISTRATION Total 34.16 1929 HUMAN RESOURCE DIVISION 62160 TRANS UNION CORP EMPLOYMENT BACKGROUND CHECKS-TRANSUNION 106.12 62160 ACCURATE BIOMETRICS EMPLOYEE TESTING - ACCURATE BIOMETRICS 1,057.90 62160 THEODORE POLYGRAPH SERVICE, INC.EMPLOYEE TESTING - THEODORE POLYGRAPH SERVICES 525.00 62270 QUEST DIAGNOSTICS CLINICAL LABORATORIES EMPLOYEE TESTING - QUEST DIAGNOSTICS 242.00 1929 HUMAN RESOURCE DIVISION Total 1,931.02 1932 INFORMATION TECHNOLOGY DIVI. 64505 COMCAST HOLDINGS CORPORATION DBA COMCAST *COMMUNICATION CHARGES - NOVEMBER 2018 6,908.45 64505 COMCAST HOLDINGS CORPORATION DBA COMCAST *COMMUNICATION CHARGES - OCTOBER 2018 4,028.45 1932 INFORMATION TECHNOLOGY DIVI. Total 10,936.90 1941 PARKING ENFORCEMENT & TICKETS 64540 VERIZON NETWORKFLEET, INC.AVL TRACKERS 132.65 1941 PARKING ENFORCEMENT & TICKETS Total 132.65 1950 FACILITIES 62225 COMCAST CABLE COMMUNICATION CHARGES 128.17 62225 COMCAST CABLE COMMUNICATION CHARGES 63.08 62225 LIFTOMATIC ELEVATOR, INC ELEVATOR PRESSURE TESTING 750.00 62225 JOHNSON CONTROLS FIRE PROTECTION LP EMERGENCY REPAIR OF FIRE PROTECTION SYSTEM PDHQ 3,186.05 62225 JOHNSON CONTROLS FIRE PROTECTION LP FIRE PROTECTION SYSTEM REPAIR - LEVY CENTER 1,392.20 62509 VERIZON NETWORKFLEET, INC.AVL TRACKERS 379.00 62509 H-O-H WATER TECHNOLOGY 2018 CHEMICAL WATER TREATMENT FOR HVAC EQUIPMENT 1,104.00 64005 COMED UTILITIES: COMED 2,816.91 64015 NICOR UTILITIES: NICOR 50.00 65050 MARK VEND COMPANY COFFEE AND SUPPLIES 444.20 1950 FACILITIES Total 10,313.61 2101 COMMUNITY DEVELOPMENT ADMIN 62210 TEUTEBERG INC ELEVATOR CERTIFICATES 471.10 65095 OFFICE DEPOT OFFICE SUPPLIES 123.98 65095 TEUTEBERG INC OFFICE SUPPLIES 56.83 2101 COMMUNITY DEVELOPMENT ADMIN Total 651.91 2126 BUILDING INSPECTION SERVICES 52080 W.B. OLSON INC REFUND: PERMIT 15INTR-0138 4,614.18 52080 MILORD COMPANY REFUND: PERMIT 18INTC-0147 7,670.78 62236 VERIZON NETWORKFLEET, INC.AVL TRACKERS 151.60 62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 50.00 62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 250.00 62464 SAFEBUILT ILLINOIS INSPECTION AND PLAN REVIEW CONSULTING SERVICES 924.38 65095 ULINE OFFICE SUPPLIES 35.46 2126 BUILDING INSPECTION SERVICES Total 13,696.40 2128 EMERGENCY SOLUTIONS GRANT 67110 CONNECTIONS FOR THE HOMELESS 12TH DISBURSEMENT OF 2017 ESG GRANT 47,598.41 2128 EMERGENCY SOLUTIONS GRANT Total 47,598.41 2205 POLICE ADMINISTRATION 62210 MSF GRAPHICS, INC.PRINTING SERVICE - HIREBACK CARDS 78.00 62210 PRINTED WORD, THE BUSINESS CARDS 30.00 62272 WILD CROW COMMUNICATION, INC PROFESSIONAL SERVICES 255.00 62490 CITY OF EVANSTON PETTY CASH *PETTY CASH - GUN BUYBACK EVENT 7,500.00 62490 PRESTONS FLOWERS & GIFTS FUNERAL FLOWERS 62.00 64005 COMED UTILITIES: COMED 208.43 64005 COMED UTILITIES: COMED 199.28 2205 POLICE ADMINISTRATION Total 8,332.71 2210 PATROL OPERATIONS 62490 EVANSTON FUNERAL & CREMATION BODY REMOVAL 700.00 62490 LAUNDRY WORLD PRISONER BLANKETS 182.00 2210 PATROL OPERATIONS Total 882.00 2251 311 CENTER 64505 AT & T * 311 SERVICE - COMMUNICATION CHARGES FOR OCTOBER 2018 403.12 2251 311 CENTER Total 403.12 2255 OFFICE-PROFESSIONAL STANDARDS 62770 NET TRANSCRIPTS, INC.TRANSCRIPT 13.93 2255 OFFICE-PROFESSIONAL STANDARDS Total 13.93 1116 of 945 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11.27.2018 2260 OFFICE OF ADMINISTRATION 62295 EVANSTON ATHLETIC CLUB HEALTH CLUB USAGE - OCTOBER 2018 243.35 62295 CITY OF EVANSTON PETTY CASH *PETTY CASH 160.00 62295 SULLIVAN, TIMOTHY *MEAL ALLOWANCE - 2 WEEKS SUPERVISION TRAINING 150.00 64565 COMCAST CABLE COMMUNICATION CHARGES 48.34 65095 OFFICE DEPOT OFFICE SUPPLIES 304.21 2260 OFFICE OF ADMINISTRATION Total 905.90 2270 TRAFFIC BUREAU 62490 NORTH SHORE TOWING TOW & HOOK 120.00 2270 TRAFFIC BUREAU Total 120.00 2280 ANIMAL CONTROL 62225 COMED UTILITIES: COMED 392.90 64015 NICOR UTILITIES: NICOR 315.72 2280 ANIMAL CONTROL Total 708.62 2285 PROBLEM SOLVING TEAM 62490 SCHWEIZER EMBLEM COMPANY EXPLORER PROGRAM SHIELDS 322.90 2285 PROBLEM SOLVING TEAM Total 322.90 2295 BUILDING MANAGEMENT 62225 COLLEY ELEVATOR CO.ELEVATOR INSPECTION 199.00 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 730.30 65125 DUSTCATCHERS, INC.FLOOR MATS 93.50 2295 BUILDING MANAGEMENT Total 1,022.80 2305 FIRE MGT & SUPPORT 62270 HEALTH ENDEAVORS, S.C.MEDICAL EVALUATIONS 13,053.00 65020 AIR ONE EQUIPMENT HELMET SHIELDS 123.55 65020 AIR ONE EQUIPMENT HELMETS 239.00 65020 AIR ONE EQUIPMENT STRUCTURAL BOOTS 315.00 65020 AIR ONE EQUIPMENT TURNOUT GEAR REPAIR 1,573.50 65020 TODAY'S UNIFORMS INC.UNIFORMS 4,950.03 65050 HASTINGS AIR-ENERGY CONTROL EXHAUST REPAIR 847.95 65095 OFFICE DEPOT OFFICE SUPPLIES -69.49 65125 NATIONAL AWARDS & FINE GIFTS AWARD/PLAQUE 125.00 65125 EVANSTON IMPRINTABLES CFA SUPPLIES 742.20 2305 FIRE MGT & SUPPORT Total 21,899.74 2310 FIRE PREVENTION 62250 PHYSIO-CONTROL, INC.EMS EPCR FEE 88.65 2310 FIRE PREVENTION Total 88.65 2315 FIRE SUPPRESSION 62360 VILLAGE OF WINNETKA CFA MEMBER TRAINING 543.00 62509 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 677.19 62521 PHYSIO-CONTROL, INC.LIFE PAK 12 SERVICE 493.64 62605 WORLDPOINT ECC, INC.CITIZEN CPR SUPPLIES 28.50 62605 WORLDPOINT ECC, INC.CITIZEN CPR SUPPLIES 1,145.71 65075 BOUND TREE MEDICAL, LLC EMS SUPPLIES 486.19 65095 OFFICE DEPOT OFFICE SUPPLIES -69.48 65625 WORLDPOINT ECC, INC.CITIZEN CPR SUPPLIES 833.06 2315 FIRE SUPPRESSION Total 4,137.81 2435 FOOD AND ENVIRONMENTAL HEALTH 62295 ILLINOIS ASSOCIATION OF CODE ENFORCEMENT *QUARTERLY TRAINING FOR HEALTH INSPECTORS 175.00 62295 OLSEN, GREG REIMBURSEMENT FOR IEHA ANNUAL CONFERENCE 119.20 62472 OLSEN, GREG REIMBURSEMENT FOR BEACH CONFERENCE 113.04 62605 AMERICAN ASSOCIATION OF NOTARIES NOTARY PUBLIC COMMISSION 58.90 64540 VERIZON NETWORKFLEET, INC.AVL TRACKERS 151.60 65075 FINEST COURIER LOGISTICS COURIER TO IDPH 105.00 2435 FOOD AND ENVIRONMENTAL HEALTH Total 722.74 2440 VITAL RECORDS 62490 ILLINOIS DEPARTMENT OF PUBLIC HEALTH DEATH CERTIFICATE SURCHARGE - OCTOBER 2018 1,292.00 2440 VITAL RECORDS Total 1,292.00 3020 REC GENERAL SUPPORT 62490 BENNISONS BAKERIES FARMERS MARKET 28.00 62490 MINT CREEK FARM FARMERS MARKET 47.00 62490 DULCE CARAMEL CO.FARMERS MARKET 27.00 62490 FROSTY PRODUCTION FARMERS MARKET 421.00 62490 CPT CATERING CORP DBA TASTEBUDZ FARMERS MARKET 25.00 62490 KATHERINE ANNE CONFECTIONS FARMERS MARKET 15.00 62490 THE CHEESE PEOPLE FARMERS MARKET 96.00 62490 KATIC BREADS WHOLESALE, LLC FARMERS MARKET 226.00 62490 PHOENIX BEAN LLC FARMERS MARKET 114.00 62490 YAYA HOLDINGS LLC DBA CITY PRESS JUICE & BOTTLE FARMERS MARKET 27.00 62490 THAT PICKLE GUY INC.FARMERS MARKET 45.00 62490 THE EATING WELL FARMERS MARKET 9.00 62490 VERIZON NETWORKFLEET, INC.AVL TRACKERS 94.75 62490 GREEN FIRE FARM, LLC FARMERS MARKET 93.00 62490 FEDUP FERMENTS FARMERS MARKET 7.00 62490 NOR D'EBENE FARMERS MARKET 33.00 62490 JON FIRST FARMERS MARKET 263.00 62490 TERESA'S FRUIT AND HERBS FARMERS MARKET 36.00 62490 LAKE BREEZE ORGANICS FARMERS MARKET 108.00 62490 LYON'S FARM FARMERS MARKET 107.00 62490 HENRY'S FARM FARMERS MARKET 671.00 62490 K & K FARM'S FARMERS MARKET 463.00 62490 KINNIKINNICK FARM FARMERS MARKET 484.00 62490 ED GAST FARMERS MARKET 149.00 62490 ROY A. ELKO FARMERS MARKET 91.00 62490 J.W. MORLOCK AND GIRLS FARMERS MARKET 68.00 62490 GENEVA LAKES PRODUCE FARMERS MARKET 23.00 62490 OLD TOWN OIL FARMERS MARKET 155.00 62490 M AND D FARMS FARMERS MARKET 87.00 62490 NOFFKE FAMILY FARM FARMERS MARKET 223.00 62490 NICHOLS FARM & ORCHARD FARMERS MARKET 325.00 62490 ZELDENRUST FARM FARMERS MARKET 274.00 62490 SEEDLING FARMERS MARKET 44.00 62490 K.V. STOVER AND SON FARMERS MARKET 623.00 62490 SMITS FARMS FARMERS MARKET 78.00 62490 GREAT HARVEST BREAD CO.FARMERS MARKET 40.00 2117 of 945 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11.27.2018 62490 GREEN ACRES FARMERS MARKET 56.00 62490 MARILYN'S BAKERY FARMERS MARKET 42.00 62490 SWEETY PIES BAKERY CAKERY CAFE, LLC FARMERS MARKET 71.00 62490 SHEEKAR DELIGHTS FARMERS MARKET 26.00 62490 RIVER VALLEY RANCH FARMERS MARKET 229.00 62490 PASSION HOUSE COFFEE ROASTERS FARMERS MARKET 16.00 3020 REC GENERAL SUPPORT Total 6,059.75 3025 PARK UTILITIES 64005 COMED UTILITIES: COMED 2,650.87 64005 COMED UTILITIES: COMED 1,110.71 64015 NICOR UTILITIES: NICOR 438.50 3025 PARK UTILITIES Total 4,200.08 3030 CROWN COMMUNITY CENTER 65025 EVANSTON TOWNSHIP HIGH SCHOOL CHILDCARE LUNCHES 2,605.68 65040 UNIFIRST CORPORATION JANITORIAL SUPPLIES 78.96 3030 CROWN COMMUNITY CENTER Total 2,684.64 3035 CHANDLER COMMUNITY CENTER 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 34.32 62505 EVP ACADEMIES, LLC VOLLEYBALL INSTRUCTOR 307.50 62505 E-TOWN TENNIS *TENNIS INSTRUCTOR FOR PRCS 4,861.44 65095 OFFICE DEPOT OFFICE SUPPLIES 59.54 65110 PGS CUSTOM PRODUCTS ZOMBIE SCRAMBLE T-SHIRTS 3,488.75 3035 CHANDLER COMMUNITY CENTER Total 8,751.55 3040 FLEETWOOD JOURDAIN COM CT 62245 LAUNDRY WORLD EQUIPMENT CLEANING 55.00 62495 ANDERSON PEST CONTROL MONTHLY SERVICE FOR PEST SERVICE 76.56 62511 WRIGHT, TONY BALLONS FOR HALLOWEEN PARTY 250.00 65050 STA-KLEEN INC.EQUIPMENT CLEANING 41.00 65050 FITNESS EXPERTS, LLC MAINTENANCE SERVICE ON FITNESS EQUIPMENT 305.00 65050 CINTAS CORPORATION #769 MONTHLY FLOOR MAT CLEANING 205.60 65095 OFFICE DEPOT OFFICE SUPPLIES 245.66 65110 COMCAST CABLE COMMUNICATION CHARGES 100.62 3040 FLEETWOOD JOURDAIN COM CT Total 1,279.44 3045 FLEETWOOD/JOURDAIN THEATR 62375 EVANSTON TOWNSHIP HIGH SCHOOL TENNIS COURT RENTAL FOR LESSONS 225.00 62375 GOODMAN THEATRE COSTUMES FOR FJT PRODUCTION 220.00 3045 FLEETWOOD/JOURDAIN THEATR Total 445.00 3050 RECREATION OUTREACH PROGRAM 62505 JORDE BANKS LET'S PLAY TRAILER SUB 112.50 3050 RECREATION OUTREACH PROGRAM Total 112.50 3055 LEVY CENTER SENIOR SERVICES 62505 VIVIAN VISSER CLAY GLASS INSTRUCTOR 442.00 62505 RICHMOND, PHYLLIS ALEXANDER TECHNIQUE CLASS 217.20 62509 ANDERSON PEST CONTROL MONTHLY PEST CONTROL SERVICES 55.06 62695 JUDON, ARNETT TAXI COUPON REIMBURSEMENT 2,000.00 62695 303 TAXI SENIOR COUPONS 11,742.00 65050 EDWARD DON & COMPANY DISHWASHER SUPPLIES 100.87 65095 OFFICE DEPOT OFFICE SUPPLIES 99.95 65095 OFFICE DEPOT OFFICE SUPPLIES 44.55 3055 LEVY CENTER SENIOR SERVICES Total 14,701.63 3065 BOAT RAMP-CHURCH ST 61110 KOVILIC CONSTRUCTION CONTRACTOR TO ASSIST WITH DREDGING WORK 10.00 65050 KOVILIC CONSTRUCTION CONTRACTOR TO ASSIST WITH DREDGING WORK 13,800.00 3065 BOAT RAMP-CHURCH ST Total 13,810.00 3075 BOAT STORAGE FACILITIES 62490 CHICAGOLAND DETAIL SHRINK WRAP 1,700.00 3075 BOAT STORAGE FACILITIES Total 1,700.00 3080 BEACHES 62490 VERIZON NETWORKFLEET, INC.AVL TRACKERS 37.90 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 42.35 65020 EVANSTON IMPRINTABLES OUTBACK SUN HATS 340.56 65095 OFFICE DEPOT OFFICE SUPPLIES 77.84 3080 BEACHES Total 498.65 3095 CROWN ICE RINK 62245 JORSON & CARLSON ICE SCRAPER MAINTENANCE 66.93 62251 DUAL TEMP OF ILLINOIS, INC LABOR AND MATERIALS FOR COMPRESSOR 2,201.56 62490 LAUNDRY WORLD CHILDCARE LAUNDRY 174.75 62490 VERIZON NETWORKFLEET, INC.AVL TRACKERS 18.95 62490 VISION AND HEARING OUTREACH CHILDCARE VISION AND HEARING SCREENING 330.00 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL SERVICES 81.37 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 525.65 65095 OFFICE DEPOT OFFICE SUPPLIES 57.40 3095 CROWN ICE RINK Total 3,456.61 3100 SPORTS LEAGUES 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL SERVICES 160.00 65110 NATIONAL SEED FIELD OF DREAMS 1,455.50 65110 VAN'S ENTERPRISES LTD FLEET FASTLINE BLUE 202.00 65110 VAN'S ENTERPRISES LTD SAND FOR JAMES PARK 1,684.60 65110 MARTENSON TURF PRODUCTS, INC.RED INFIELD MIX 1,993.75 3100 SPORTS LEAGUES Total 5,495.85 3130 SPECIAL RECREATION 62490 INSTITUTE FOR THERAPY THROUGH THE ARTS MUSIC THERAPY 600.00 62490 MCGAW YMCA SPACE RENTAL 2,490.00 3130 SPECIAL RECREATION Total 3,090.00 3215 YOUTH ENGAGEMENT DIVISION 62490 VERIZON NETWORKFLEET, INC.AVL TRACKERS 56.85 3215 YOUTH ENGAGEMENT DIVISION Total 56.85 3605 ECOLOGY CENTER 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL SERVICES 152.94 62505 CIGAN, LILY YOGA INSTRUCTOR 576.00 62520 COLLECTIVE RESOURCE INC.TOTE PICKUP 48.00 64015 NICOR UTILITIES: NICOR 131.11 64015 NICOR UTILITIES: NICOR 30.79 65005 MIDWEST GROUNDCOVERS GARDEN PLANT PURCHASE 551.61 65095 OFFICE DEPOT OFFICE SUPPLIES 168.53 3605 ECOLOGY CENTER Total 1,658.98 3118 of 945 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11.27.2018 3720 CULTURAL ARTS PROGRAMS 62505 ALLIE BARON ASSISTANT DIRECTOR FALL SHOW 875.00 62505 DONALD KOLAKOWSKI *DIRECTOR FALL SHOW 1,125.00 62511 ALLIE BARON BIRTHDAY PARTY HOST 100.00 3720 CULTURAL ARTS PROGRAMS Total 2,100.00 4105 PUBLIC WORKS AGENCY ADMIN 64540 VERIZON NETWORKFLEET, INC.AVL TRACKERS 1,648.65 65090 CINTAS FIRST AID & SUPPLY FIRST AID CABINET MAINTENANCE 94.45 65095 OFFICE DEPOT OFFICE SUPPLIES 102.88 65620 THE MULCH CENTER PLAYGROUND MULCH JAMES PARK 15,005.00 4105 PUBLIC WORKS AGENCY ADMIN Total 16,850.98 4320 FORESTRY 62385 NELS J. JOHNSON TREE EXPERTS, INC.REMOVAL OF COTTONWOOD - 944 GREY AVE 2,425.00 62385 NELS J. JOHNSON TREE EXPERTS, INC.REMOVAL OF DISEASED ELM - 2430 ORRINGTON AVE 1,325.00 62385 NELS J. JOHNSON TREE EXPERTS, INC.REMOVAL OF DISEASED ELM - 1426 GREENLEAF 2,575.00 62385 SUNRISE TREE SERVICE INC REMOVE DEAD ASH TREE - 2329 PIONEER 590.00 62385 SUNRISE TREE SERVICE INC REMOVE DISEASED ELM TREE - 814 SOUTH BLVD 2,680.00 4320 FORESTRY Total 9,595.00 4330 GREENWAYS 62195 COMED UTILITIES: COMED 102.62 62195 CLEANSLATE CHICAGO, LLC 2018 MOWING SERVICES 3,609.38 62195 LANDSCAPE CONCEPTS MANAGEMENT, INC.2018 GREENBAY ROAD LANDSCAPE MAINTENANCE 3,121.00 65005 CLESEN WHOLESALE CIVIC CENTER PLANTS 995.00 65005 LURVEY LANDSCAPE SUPPLY PLANTS ELINORA SMITH PARK 41.25 65005 LURVEY LANDSCAPE SUPPLY PLANTS HARPER GARDENS 105.00 65005 LURVEY LANDSCAPE SUPPLY PLANTS LEVY CENTER 212.05 65005 LURVEY LANDSCAPE SUPPLY PLANTS SERVICE CENTER 126.00 65005 LURVEY LANDSCAPE SUPPLY PLANTS ST. PAUL PARK 63.00 65005 LURVEY LANDSCAPE SUPPLY TREE/PLANT PURCHASE 48.19 65005 MIDWEST GROUNDCOVERS CHI CAL PLANTS 186.20 65055 NUTOYS LEISURE PRODUCTS ELINOR/ELLINGWOOD PARK 461.03 65055 KOMPAN, INC.EIDEN PARK PLAYGROUND REPLACEMENT PARTS 892.00 65055 KOMPAN, INC.FOSTER PARK PLAYGROUND REPLACEMENT PARTS 1,190.00 65055 KOMPAN, INC.MASON PARK 930.00 65070 NATIONAL AWARDS & FINE GIFTS MEMORIAL BENCHES PLACKARDS 227.00 65625 KOMPAN, INC.PLASTIC SLIDE 2,518.00 4330 GREENWAYS Total 14,827.72 4400 CAPITAL PLANNING & ENGINEERING 65095 OFFICE DEPOT OFFICE SUPPLIES 102.88 4400 CAPITAL PLANNING & ENGINEERING Total 102.88 4510 STREET MAINTENANCE 62415 THELEN MATERIALS, LLC 2018 LEAF HAULING & DISPOSAL 3,570.00 65055 OZINGA CHICAGO RMC, INC.2018 CONCRETE PURCHASE 1,880.90 65085 WEST SIDE EXCHANGE PURCHASE SWEEPSTER SWEEPER ATTACHMENT 4,876.00 4510 STREET MAINTENANCE Total 10,326.90 4520 TRAF. SIG.& ST LIGHT MAINT 64006 COMED UTILITIES: COMED 924.35 64008 COMED UTILITIES: COMED 112.32 65070 MOBO TREX TACTICS TRAFFIC MANAGEMENT SOFTWARE 920.00 65070 ELCAST LIGHTING STREET LIGHT FIXTURE REPAIR 1,500.00 65115 ARTS & LETTERS LTD.HONORARY STREET NAME SIGNS 185.00 4520 TRAF. SIG.& ST LIGHT MAINT Total 3,641.67 4550 MAINT-SNOW & ICE 62509 MURRAY & TRETTEL INC.SNOW & ICE STORM FORECASTING SERVICE 4,250.00 4550 MAINT-SNOW & ICE Total 4,250.00 5300 ECON. DEVELOPMENT 62662 EBENEZER AME ENTREPRENEURSHIP PROGRAM - AGORTLES DESSERT SHOP KITCHEN RENTAL 168.00 62662 SECOND CITY APPRAISAL LLC APPRAISAL FOR 1621 OAK 1,000.00 65522 FRANK L. KARKAZIS, D.D.S.STOREFRONT PROGRAM REIMBURSEMENT - 1101 HOWARD STREET 14,000.00 5300 ECON. DEVELOPMENT Total 15,168.00 100 GENREAL FUND Total 414,874.22 175 GENERAL ASSISTANCE FUND 4605 GENERAL ASSISTANCE ADMIN 62490 AMERICAN ASSOCIATION OF NOTARIES NOTARY PUBLIC COMMISSION 58.90 4605 GENERAL ASSISTANCE ADMIN Total 58.90 175 GENERAL ASSISTANCE FUND Total 58.90 176 HEALTH AND HUMAN SERVICES 4651 HEALTH & HUMAN SERVICES 62491 PRESENCE BEHAVIORAL HEALTH MENTAL HEALTH CRISIS WORKER - DECEMBER 2018 6,111.08 117010 62491 PRESENCE BEHAVIORAL HEALTH MENTAL HEALTH SOCIAL WORKER - DECEMBER 2018 5,833.34 4651 HEALTH & HUMAN SERVICES Total 11,944.42 176 HEALTH AND HUMAN SERVICES Total 11,944.42 205 EMERGENCY TELEPHONE (E911) FUND 5150 EMERGENCY TELEPHONE SYSTM 62295 PERRY J. POLINSKI REIMBURSEMENT: ARGONNE NATIONAL CONFERENCE 131.75 62295 ANGELA COKER MEAL ALLOWANCE - COMMUNICATIONS TRAINING 45.00 5150 EMERGENCY TELEPHONE SYSTM Total 176.75 205 EMERGENCY TELEPHONE (E911) FUND Total 176.75 215 CDBG FUND 5187 REHAB CONSTRUCTION ADMIN 65535 CHICAGO TITLE COMPANY, LLC TITLE SEARCH - 1319 MCDANIEL - HOUSING REHAB 75.00 5187 REHAB CONSTRUCTION ADMIN Total 75.00 5220 CDBG ADMINISTRATION 62205 EVANSTON ROUNDTABLE LLC AD FOR PUBLIC COMMENT ON DRAFT 2019 ACTION PLAN 380.00 5220 CDBG ADMINISTRATION Total 380.00 215 CDBG FUND Total 455.00 4119 of 945 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11.27.2018 220 CDBG LOAN FUND 5280 CD LOAN 65535 DIEGO AND GABY'S LANDSCAPING CO.HOUSING REHAB - 1941 HARTREY 660.00 5280 CD LOAN Total 660.00 220 CDBG LOAN FUND Total 660.00 250 AFFORDABLE HOUSING FUND 5465 AFFORDABLE HOUSING 62490 ANCEL,GLINK,DIAMOND,BUSH,DICIANNI & KRAFTHEFER, P. LEGAL SERVICES 2,437.50 63095 GOSS & ASSOCIATES, INC.*HANDYMAN PROGRAM 4,707.46 5465 AFFORDABLE HOUSING Total 7,144.96 250 AFFORDABLE HOUSING FUND Total 7,144.96 300 WASHINGTON NATIONAL TIF FUND 5470 WASHINGTON NAT'L TIF DS 65515 CHICAGO TRANSIT AUTHORITY *RED & PURPLE MODERNIZATION STUDY 500,000.00 5470 WASHINGTON NAT'L TIF DS Total 500,000.00 5476 CAPITAL PROJ.-WASHINGTON TIF 62185 QUARTET COPIES TIF REPORT PRINTING FOR JOINT REVIEW BOARD MEETING 167.56 5476 CAPITAL PROJ.-WASHINGTON TIF Total 167.56 300 WASHINGTON NATIONAL TIF FUND Total 500,167.56 330 HOWARD-RIDGE TIF FUND 5860 HOWARD RIDGE TIF 62185 QUARTET COPIES TIF REPORT PRINTING FOR JOINT REVIEW BOARD MEETING 167.58 5860 HOWARD RIDGE TIF Total 167.58 330 HOWARD-RIDGE TIF FUND Total 167.58 335 WEST EVANSTON TIF FUND 5870 WEST EVANSTON TIF 62185 QUARTET COPIES TIF REPORT PRINTING FOR JOINT REVIEW BOARD MEETING 167.58 5870 WEST EVANSTON TIF Total 167.58 335 WEST EVANSTON TIF FUND Total 167.58 340 DEMPSTER-DODGE TIF FUND 5875 DEMPSTER-DODGE TIF ADMIN ACCT 62185 QUARTET COPIES TIF REPORT PRINTING FOR JOINT REVIEW BOARD MEETING 167.58 5875 DEMPSTER-DODGE TIF ADMIN ACCT Total 167.58 340 DEMPSTER-DODGE TIF FUND Total 167.58 345 CHICAGO-MAIN TIF 3400 CHICAGO-MAIN TIF LETTER OF CREDI 62185 QUARTET COPIES TIF REPORT PRINTING FOR JOINT REVIEW BOARD MEETING 167.58 3400 CHICAGO-MAIN TIF LETTER OF CREDI Total 167.58 345 CHICAGO-MAIN TIF Total 167.58 415 CAPITAL IMPROVEMENTS FUND 4117 2017 GO BOND ISSUANCE 617001 62145 CLARK DIETZ, INC.CHANDLER-NEWBERGER CENTER HVAC & ELECTRICAL IMPROVEMENTS RFP 17-08 1,598.24 417015 62145 CHRISTOPHER B. BURKE ENGINEERING, LTD. STREETLIGHT MASTER PLAN RFP 17-11 3,105.80 4117 2017 GO BOND ISSUANCE Total 4,704.04 4118 2018 GO BOND CAPITAL 516002 65515 KOVILIC CONSTRUCTION CHURCH ST HARBOR - SOUTH PIER RENOVATIONS BID #18-25 518,265.00 418023 65515 PRECISION PAVEMENT MARKINGS, INC.2018 PAVEMENT MARKING PROGRAM 26,479.75 418013 65515 JB ENTERRISES II INC. DBA SEALMASTER CHICAGO SCARIFIER/TRAFFIC MARKING REMOVAL SYSTEM 7,217.68 418029 65515 DERO BIKE RACK COMPANY BIKE RACK PURCHASE-21 RACKS, 29 SETS OF RAIL 8,104.10 4118 2018 GO BOND CAPITAL Total 560,066.53 415 CAPITAL IMPROVEMENTS FUND Total 564,770.57 416 CROWN CONSTRUCTION FUND 4160 CROWN CONSTRUCTION PROJECT 616017 65515 COMED UTILITIES: COMED 129.91 4160 CROWN CONSTRUCTION PROJECT Total 129.91 416 CROWN CONSTRUCTION FUND Total 129.91 505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 62431 DUNBAR ARMORED ARMORED CAR SERVICES 10,613.07 62509 PASSPORT PARKING, INC`CITATIONS, TRANSACTIONS, ONLINE PAYMENTS, LETTERS 144,333.66 62603 MOTIVATE INTERNATIONAL, INC.PARKING SERVICES - DIVVY OPERATION - ONGOING FEES 16,918.72 64540 VERIZON NETWORKFLEET, INC.AVL TRACKERS 18.95 65095 OFFICE DEPOT OFFICE SUPPLIES 50.30 7005 PARKING SYSTEM MGT Total 171,934.70 7015 PARKING LOTS & METERS 62245 PASSPORT PARKING, INC`MOBILE PAY - OCTOBER 2018 13,984.25 62245 PASSPORT PARKING, INC`MOBILE PAY - JULY 2018 11,399.85 62245 PASSPORT PARKING, INC`MOBILE PAY - SEPTEMBER 2018 11,539.85 62245 PASSPORT PARKING, INC`MOBILE PAY - AUGUST 2018 12,261.20 62245 PASSPORT PARKING, INC`SUPPLIES 1,968.54 62245 TOTAL PARKING SOLUTIONS, INC.PARKING TERMINAL SUPPLIES 995.00 65070 DUNCAN PARKING TECHNOLOGIES, INC.AUTOTRAX FEES - NOVEMBER 2018 10,218.75 65070 PASSPORT PARKING, INC`SUPPLIES 3,910.00 65070 3C PAYMENT (USA) CORP CREDIT AND DEBIT CARD PROCESSING FEES - OCTOBER 2018 1,368.95 65070 3C PAYMENT (USA) CORP CREDIT AND DEBIT CARD PROCESSING FEES - SEPTEMBER 2018 1,230.05 7015 PARKING LOTS & METERS Total 68,876.44 7025 CHURCH STREET GARAGE 62400 SP PLUS PARKING PARKING GARAGE MANAGEMENT 23,967.03 64505 COMCAST HOLDINGS CORPORATION DBA COMCAST *COMMUNICATION CHARGES - OCTOBER 2018 960.00 7025 CHURCH STREET GARAGE Total 24,927.03 5120 of 945 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11.27.2018 7036 2008B BOND SHERMAN GARAGE 62400 SP PLUS PARKING PARKING GARAGE MANAGEMENT 55,502.59 62425 THYSSENKRUPP ELEVATOR SHERMAN ELEVATOR SERVICE AGREEMENT 9,824.76 64505 COMCAST HOLDINGS CORPORATION DBA COMCAST *COMMUNICATION CHARGES - OCTOBER 2018 960.00 7036 2008B BOND SHERMAN GARAGE Total 66,287.35 7037 MAPLE GARAGE 62400 SP PLUS PARKING PARKING GARAGE MANAGEMENT 46,672.63 64015 NICOR UTILITIES: NICOR 102.09 64505 COMCAST HOLDINGS CORPORATION DBA COMCAST *COMMUNICATION CHARGES - OCTOBER 2018 960.00 7037 MAPLE GARAGE Total 47,734.72 505 PARKING SYSTEM FUND Total 379,760.24 510 WATER FUND 510 WATER SUPPORT 22700 THOMAS ALBRECHT *REFUND: WATER OVERPAYMENT 7,548.98 510 WATER SUPPORT Total 7,548.98 4200 WATER PRODUCTION 62180 BURNS & MCDONNELL UPDATE OF WATER PLANT VALUATION FOR RCLD & OCLD FOR NWC 1,875.00 62295 LATINO WORKER SAFETY CENTER CONFINED SPACE TRAINING FOR 3 EMPLOYEES 555.00 62315 FEDERAL EXPRESS CORP.SHIPPING CHARGES 34.34 64540 VERIZON NETWORKFLEET, INC.AVL TRACKERS 37.90 64540 IRTH SOLUTIONS DIGTRACK MONTHLY SUPPORT - OCTOBER 2018 200.00 65095 OFFICE DEPOT OFFICE SUPPLIES 250.04 4200 WATER PRODUCTION Total 2,952.28 4220 FILTRATION 62465 EUROFINS EATON ANALYTICAL FY 2018 LABORATORY TESTING-ROUTINE COMPLIANCE 1,280.00 65015 POLYDYNE, INC.LIQUID CATIONIC POLYMER (PER SPEC)16,264.40 65015 ALEXANDER CHEMICAL CORPORATION LIQUID CHLORINE (PER SPEC)2,672.00 65030 CARUS PHOSPHATES, INC.ORTHOPOLYPHOSPHATE (PER SPEC)32,148.00 4220 FILTRATION Total 52,364.40 4225 WATER OTHER OPERATIONS 62180 COMED UTILITIES: COMED - FINAL BILL 127.00 62340 RAFTELIS FINANCIAL CONSULTANTS, INC.WATER RATE MODEL UPDATE - SOLE SOURCE 15,920.00 4225 WATER OTHER OPERATIONS Total 16,047.00 4540 DISTRIBUTION MAINTENANCE 64540 VERIZON NETWORKFLEET, INC.AVL TRACKERS 170.55 65051 OZINGA CHICAGO RMC, INC.2018 CONCRETE PURCHASE 442.50 65055 WATER PRODUCTS CO.MJ FITTINGS (22.5 BENDS)5,073.50 65055 WATER PRODUCTS CO.WATER DISTRIBUTION SYSTEM MATERIALS 2,730.11 4540 DISTRIBUTION MAINTENANCE Total 8,416.66 510 WATER FUND Total 87,329.32 513 WATER DEPR IMPRV &EXTENSION FUND 7330 WATER FUND DEP, IMP, EXT 718004 62145 MCGUIRE IGLESKI & ASSOCIATES, INC.RFP 18-18 WATER QUALITY LABORATORY EXPANSION 44,263.00 717006 65515 MAG CONSTRUCTION CO.*SOUTH STANDPIPE PUMP STATION MCC & BLDG RENO (18-17)80,376.84 7330 WATER FUND DEP, IMP, EXT Total 124,639.84 513 WATER DEPR IMPRV &EXTENSION FUND Total 124,639.84 515 SEWER FUND 4530 SEWER MAINTENANCE 64540 VERIZON NETWORKFLEET, INC.AVL TRACKERS 170.55 4530 SEWER MAINTENANCE Total 170.55 4535 SEWER IMPROVEMENTS 62461 EA DE ST. AUBIN NURSERY FALL TREE PURCHASE AND PLANTING - 85 TREES 16,075.00 4535 SEWER IMPROVEMENTS Total 16,075.00 515 SEWER FUND Total 16,245.55 520 SOLID WASTE FUND 4310 RECYCLING AND ENVIRONMENTAL MAIN 62390 LAKESHORE RECYCLING SYSTEMS FY 2018 CONDO REFUSE COLLECTION CONTRACT 36,193.75 62405 SOLID WASTE AGENCY NORTHERN COOK FY 2018 SWANCC DISPOSAL FEES 61,180.82 62415 GROOT RECYCLING & WASTE SERVICES FY 2018 RESIDENTIAL REFUSE COLLECTION CONTRACT 134,472.00 62415 GROOT RECYCLING & WASTE SERVICES FY 2018 YARD WASTE COLLECTION CONTRACT 78,676.54 62415 COLLECTIVE RESOURCE INC.FY 2018 PLASTIC FILM COLLECTION CONTRACT 193.00 65625 REHRIG PACIFIC COMPANY 95 GALLON RECYCLING LIDS 1,268.85 4310 RECYCLING AND ENVIRONMENTAL MAIN Total 311,984.96 520 SOLID WASTE FUND Total 311,984.96 600 FLEET SERVICES FUND 7705 GENERAL SUPPORT 64540 VERIZON NETWORKFLEET, INC.AVL TRACKERS 151.60 65095 OFFICE DEPOT OFFICE SUPPLIES -50.65 7705 GENERAL SUPPORT Total 100.95 7710 MAJOR MAINTENANCE 62240 MIDAS AUTO SERVICE EXPERTS FRONT PIPE REPAIR 90.00 62240 WIRFS INDUSTRIES INC.PUMP TESTING 953.00 62240 AUTOMOTIVE LIFT SERVICE WHEEL KITS AND ROLLERS INSTALLATION ON LIFT 2,660.50 62355 CINTAS FIRST AID & SUPPLY FLEET UNIFORM CLEANING 203.63 62355 CINTAS FIRST AID & SUPPLY MAT SERVICE 281.56 62355 CINTAS FIRST AID & SUPPLY UNIFORM LAUNDRY SERVICE 203.63 64540 VERIZON NETWORKFLEET, INC.AVL TRACKERS 170.55 65035 CINTAS FIRST AID & SUPPLY FLEET UNIFORM CLEANING 203.63 65035 STENSTROM PETROLEUM SERVICES GROUP FUEL PUMP REPAIRS 1,751.03 65035 GAS DEPOT INC.FUEL PURCHASES 33,574.22 65040 ULINE JANITORIAL SUPPLIES 377.95 65045 ILLINOIS SECRETARY OF STATE, VEHICLE *RECLASSIFY M PLATES VEHICLE #43 8.00 65060 CINTAS FIRST AID & SUPPLY MAT SERVICE 368.56 65060 CITY WELDING SALES & SERVICE INC.COMPRESSED GAS CYLINDERS 264.86 65060 CITY WELDING SALES & SERVICE INC.WELDING GAS CYLINDERS 121.48 65060 CUMBERLAND SERVICENTER BUTTON HORN 48.66 65060 CUMBERLAND SERVICENTER GAUGES 566.04 65060 CUMBERLAND SERVICENTER PRESSURE SENSOR 78.03 65060 DOUGLAS TRUCK PARTS FILTERS 168.80 65060 DOUGLAS TRUCK PARTS TRAILER BALL AND MOUNT 66.84 65060 EVANSTON CAR WASH & DETAIL CENTER CAR WASHES 335.00 6121 of 945 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11.27.2018 65060 FREEWAY FORD TRUCK SALES FORESTRY TRUCK #589 ENGINE REPAIRS 2,838.81 65060 HAVEY COMMUNICATIONS INC.EMEREGENCY LIGHTINING & PARTS 1 YEAR RENEWAL 478.25 65060 INTERSTATE BATTERY OF NORTHERN CHICAGO BATTERIES 763.88 65060 LEACH ENTERPRISES, INC.BRAKE PARTS 139.90 65060 LEACH ENTERPRISES, INC.CARTRIDGE KIT 131.03 65060 LEACH ENTERPRISES, INC.HUB CAPS 92.14 65060 LEACH ENTERPRISES, INC.WIRING 92.40 65060 NORTHWEST TRUCKS INC SEAL RING 4.03 65060 NORTHWEST TRUCKS INC SENSORS 30.91 65060 ALTORFER INDUSTRIES, INC.GLASS AND DOOR FOR VECHICLE 1,408.54 65060 REGIONAL TRUCK EQUIPMENT COMPANY, INC.LOCK CYLINDER AND KEYS, STAINLESS ROTARY LATCH 97.24 65060 REGIONAL TRUCK EQUIPMENT COMPANY, INC.SPRAY SYSTEMS 442.56 65060 RUSSO POWER EQUIPMENT NUTS, BOLTS AND BUSHING FOR AUTO PARTS 255.24 65060 STANDARD EQUIPMENT COMPANY COUPLERS 117.00 65060 STANDARD EQUIPMENT COMPANY DOOR GLASS 724.52 65060 STANDARD EQUIPMENT COMPANY PVC HOSES 94.24 65060 STANDARD EQUIPMENT COMPANY SPROCKETS, CHAINS AND SCREWS 590.28 65060 WESTMONT AUTO PARTS AUTO LIGHTS 277.10 65060 WESTMONT AUTO PARTS WIRING 72.20 65060 TERMINAL SUPPLY CO.STEEL NIPPLES, WASHERS, CLAMPS AND SCREWS 158.02 65060 VERMEER MIDWEST RAD ACCESS DOOR 32.76 65060 BURRIS EQUIPMENT CO.FILTERS 333.58 65060 GEIB INDUSTRIES, INC.BULK HEAD TUBING 45.35 65060 INTERSTATE POWER SYSTEMS, INC.HOSE FITTINGS 31.07 65060 P & G KEENE ELECTRICAL ALTERNATOR 242.00 65060 HERITAGE CRYSTAL CLEAN ANTI-FREEZE AND FLUID 810.98 65060 GLOBAL EMERGENCY PRODUCTS, INC.AUTO DOOR PARTS 1,226.04 65060 GLOBAL EMERGENCY PRODUCTS, INC.AUTO RELAYS 672.49 65060 GLOBAL EMERGENCY PRODUCTS, INC.GASKET WINDOWS 216.99 65060 GLOBAL EMERGENCY PRODUCTS, INC.LIGHTS 171.64 65060 GLOBAL EMERGENCY PRODUCTS, INC.PRESSURE VALVES 566.01 65060 GLOBAL EMERGENCY PRODUCTS, INC.ROTATORY MODULE 128.66 65060 GLOBAL EMERGENCY PRODUCTS, INC.SEAT BELTS 280.11 65060 GLOBAL EMERGENCY PRODUCTS, INC.SWITCH PRESS PART 310.80 65060 GLOBAL EMERGENCY PRODUCTS, INC.WINDSHIELD GLASS 862.96 65060 AUTOMOTIVE LIFT SERVICE SURFACE MOUNTED LIFT 187.00 65060 NEW RIDE INC.SHOCKS, COOLANT AND SENSORS 633.45 65060 NEW RIDE INC.TRANSMISSION COOLING LINE 157.00 65060 ADVANCE AUTO PARTS OIL SEAL 5.59 65060 FULL THROTTLE MARINE, INC.WATERCRAFT MAINTENANCE & REPAIR FROM 4-1-18THRU 3-31-19 601.87 65060 GOLF MILL FORD FORD OEM PARTS & SERVICE APRIL 2018 THRU MARCH 2019 22,991.20 65060 R.N.O.W., INC.CLAMPS AND TAILGATE SEAL 353.21 65060 R.N.O.W., INC.TAILGATE SEAL 149.36 65060 SUBURBAN ACCENTS, INC.AUTO POLICE SHIELDS 297.75 65060 ORLANDO AUTO TOP BACK REST COVER 385.00 65060 CHICAGO PARTS & SOUND, LLC BRAKE LINING KITS 488.12 65060 CHICAGO PARTS & SOUND, LLC WIPER BLADE 63.41 65060 CHICAGO PARTS & SOUND, LLC WIPER BLADES 265.21 65060 MID-TOWN PETROLEUM ACQUISITION LLC DBA:DIESEL EXHAUST FLUID 259.40 65060 APC STORES, INC., DBA BUMPER TO BUMPER AIR FILTERS 83.04 65060 APC STORES, INC., DBA BUMPER TO BUMPER BATTERIES 102.00 65060 APC STORES, INC., DBA BUMPER TO BUMPER FILTERS AND LIGHTS 276.82 65060 APC STORES, INC., DBA BUMPER TO BUMPER FLUORESCENT DYE 32.37 65060 APC STORES, INC., DBA BUMPER TO BUMPER HALOGEN LIGHTS 36.76 65060 APC STORES, INC., DBA BUMPER TO BUMPER HITCH PIN AND CLIP 34.68 65060 APC STORES, INC., DBA BUMPER TO BUMPER HYDRAULICS 96.95 65060 APC STORES, INC., DBA BUMPER TO BUMPER LED LIGHTS 389.44 65060 APC STORES, INC., DBA BUMPER TO BUMPER LIGHTS 33.00 65060 APC STORES, INC., DBA BUMPER TO BUMPER OIL SEAL 10.99 65060 APC STORES, INC., DBA BUMPER TO BUMPER PINION SEAL 22.49 65060 APC STORES, INC., DBA BUMPER TO BUMPER WIPER BLADES 180.93 65060 THE CHEVROLET EXCHANGE SPROCKET 138.00 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC SAFETY BELTS 320.00 65065 NORTH SHORE TOWING VEHICLE #69 TIRE CHANGE 50.00 65065 WENTWORTH TIRE SERVICE 2018 NEW TIRE PURCHASES 4,574.54 65065 WENTWORTH TIRE SERVICE ONE-YEAR RENEWAL ON TIRE SERVICE & RECAPPING 2018 723.98 65085 REGIONAL TRUCK EQUIPMENT COMPANY, INC.INSTALLATION OF INVERTER TO POWER COMPRESSOR VEHICLE #255 1,867.00 65085 VERMEER MIDWEST BLADE SHARPENING TOOL 73.00 65085 M.A.T.I.S. EQUIPMENT & PARTS RATCHET LOAD BINDER 600.00 7710 MAJOR MAINTENANCE Total 93,719.26 600 FLEET SERVICES FUND Total 93,820.21 601 EQUIPMENT REPLACEMENT FUND 7780 VEHICLE REPLACEMENTS 62375 UNITED RENTALS ROLLER RENTALS 2,521.00 65550 HAVEY COMMUNICATIONS INC.EMERGENCY LIGHTING & PARTS 1 YEAR RENEWAL 478.25 7780 VEHICLE REPLACEMENTS Total 2,999.25 601 EQUIPMENT REPLACEMENT FUND Total 2,999.25 605 INSURANCE FUND 7800 RISK MANAGEMENT 62266 CCMSI 4TH QUARTER CLAIMS & ADMINISTRATION FEES 23,375.00 62310 NORTH SHORE ENH OMEGA EMPLOYEE TESTING - ENH OMEGA - HEPATITIS B 191.00 7800 RISK MANAGEMENT Total 23,566.00 7801 EMPLOYEE BENEFITS 66054 SENIORS CHOICE INSURANCE PREMIUM 1,723.21 7801 EMPLOYEE BENEFITS Total 1,723.21 605 INSURANCE FUND Total 25,289.21 Grand Total 2,543,121.19 7122 of 945 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11.27.2018 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT GENERAL VARIOUS TWIN EAGLE NATURAL GAS-OCTOBER 2018 11,349.61 11,349.61 INSURANCE VARIOUS IPBC MONTHLY COOPERATIVE CONTRIBUTION 475,926.37 475,926.37 SEWER 7477.68305 IEPA LOAN DISBURSEMENT SEWER FUND 40,028.47 7622.68305 IEPA LOAN DISBURSEMENT SEWER FUND 165,695.83 7623.68305 IEPA LOAN DISBURSEMENT SEWER FUND 291,948.30 7605.68305 IEPA LOAN DISBURSEMENT SEWER FUND 307,636.02 7136.68305 IEPA LOAN DISBURSEMENT WATER FUND 31,341.99 836,650.61 WATER 7135.68305 IEPA LOAN DISBURSEMENT WATER FUND 53,963.54 53,963.54 1,377,890.13 Grand Total 3,921,011.32 PREPARED BY DATE REVIEWED BY DATE APPROVED BY DATE 8123 of 945 CITY OF EVANSTON BILLS LIST PERIOD ENDING 12.11.2018 100 GENERAL FUND 100 GENERAL SUPPORT 13040 ILLINOIS PAPER DBA IMPACT NETWORKING LLC COPIER PAPER 1,384.00 21639 EYE MED VISION CARE EYE MED MONTHLY INVOICE 4,309.15 21640 METLIFE SMALL BUSINESS CENTER METLIFE MONTHLY INVOICE 21,056.27 21640 GUARDIAN GUARDIAN DENTAL MONTHLY INVOICE 18,269.33 21650 NATIONAL GUARDIAN LIFE INSURANCE CO.NGL MONTHLY INVOICE 193.85 22725 VERIZON WIRELESS COMMUNICATION CHARGES 15,794.09 100 GENERAL SUPPORT Total 61,006.69 1505 CITY MANAGER 62295 LEADERSHIP EVANSTON TUITION PAYMENT FOR EDGAR CANO AND FRANCESCA HENDERSON 1,500.00 62509 HILLARD HEINTZE, LLC EVANSTON POLICE DEPTARTMENT REVIEW 24,997.00 1505 CITY MANAGER Total 26,497.00 1560 REVENUE & COLLECTIONS 52010 RANDY SMITH COLLECTOR'S OFFICE REFUND 225.00 61060 ACCOUNTING PRINCIPALS TEMPORARY PERSONNEL SERVICES 1,471.25 61060 ACCOUNTING PRINCIPALS TEMPORARY PERSONNEL SERVICES 1,100.00 62706 AUTOBARN MOTORS, LTD.SALES TAX REBATE FOR 1/1/18-8/31/2018 347,813.62 65045 RYDIN SIGN & DECAL DIGITAL PRINTING 887.20 1560 REVENUE & COLLECTIONS Total 351,497.07 1585 ADMINISTRATIVE HEARINGS 62509 SUSAN D BRUNNER HEARING OFFICER 3,010.00 62509 JEFFREY D. GREENSPAN HEARING OFFICER 1,740.00 62509 MITCHELL C. EX HEARING OFFICER 2,100.00 1585 ADMINISTRATIVE HEARINGS Total 6,850.00 1705 LEGAL ADMINISTRATION 52040 ILLINOIS STATE POLICE FINGERPRINT SERVICES 54.00 62130 TURANO & ASSOCIATES COURT REPORTING LINDSTROM V COE 950.40 62130 LAW BULLETIN PUBLISHING COMPANY LB CLASSIFIED 250.00 62509 ROBERT HALF INTERNATIONAL TEMPORARY PERSONNEL SERVICES - 10/19/18 931.00 62509 ROBERT HALF INTERNATIONAL TEMPORARY PERSONNEL SERVICES - 11/16/18 1,130.50 62509 ROBERT HALF INTERNATIONAL TEMPORARY PERSONNEL SERVICES - 11/2/18 855.00 62509 ROBERT HALF INTERNATIONAL TEMPORARY PERSONNEL SERVICES - 11/23/18 557.46 62509 ROBERT HALF INTERNATIONAL TEMPORARY PERSONNEL SERVICES - 11/9/18 1,007.00 65010 WEST GROUP PAYMENT CTR LEGAL BOOKS 884.00 65010 WEST GROUP PAYMENT CTR WESTLAW SUBSCRIPTION 900.60 1705 LEGAL ADMINISTRATION Total 7,519.96 1929 HUMAN RESOURCE DIVISION 62160 THEODORE POLYGRAPH SERVICE, INC.EMPLOYMENT TESTING-THEODORE POLYGRAPH SERVICES 175.00 62509 EXPERIAN EMPLOYEE CREDIT MONITORING-EXPERIAN 32.17 62512 GOVHR USA RECRUITMENT-POLICE CHIEF 9,814.28 1929 HUMAN RESOURCE DIVISION Total 10,021.45 1932 INFORMATION TECHNOLOGY DIVI. 61010 IRON MOUNTAIN OSDP OFFSITE DATA STORAGE 872.16 62340 DELL COMPUTER CORP.CENTER SERVERS & STORAGE FOR WATER DIVISION AND 311/911 6,174.64 62340 GOVDELIVERY,LLC/ GRANICUS SOLE SOURCE SOFTWARE RENEWAL 8,004.15 62340 ZENDESK, INC ANNUAL SUPPORT & LICENSE SUPPORT 8,920.80 62340 SOCRATA, INC.SOCRATA DATA ANALYST - POLICE DATA INTEGRATION PROJECT 9,956.80 62340 GREY WALL SOFTWARE, LLC ONE-YEAR RENEWAL VEOCI EMERGENCY SERVICES SOFTWARE 15,000.00 62341 COMMUNICATIONS REVOLVING FUND COMMUNICATION CHARGES 800.00 62380 CHICAGO OFFICE TECHNOLOGY GROUP RENEWAL ANNUAL MAINTENANCE CONTRACT FOR PAPERCUT 2,211.29 64505 AT & T COMMUNICATION CHARGES 1,366.16 64505 CALL ONE COMMUNICATION CHARGES 11,023.55 1932 INFORMATION TECHNOLOGY DIVI. Total 64,329.55 1941 PARKING ENFORCEMENT & TICKETS 62451 NORTH SHORE TOWING IMMOBILIZATION PROGRAM 10,250.00 1941 PARKING ENFORCEMENT & TICKETS Total 10,250.00 1950 FACILITIES 62225 JOHNSON CONTROLS SECURITY SOLUTIONS ALARM SERVICES DECEMBER 2018-FEBRUARY 2019 RECYCLING CENTER 212.00 62225 JOHNSON CONTROLS FIRE PROTECTION LP SPRINKLER HEAD INSPECTION AND REPLACEMENT 1,105.00 62509 ECO-CLEAN MAINTENANCE 2018 JANITORIAL CLEANING SERVICES 6,133.00 64015 NICOR UTILITIES: NICOR 924.79 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 641.96 1950 FACILITIES Total 9,016.75 2101 COMMUNITY DEVELOPMENT ADMIN 65095 MSF GRAPHICS, INC.OFFICE SUPPLIES 467.54 65095 OFFICE DEPOT OFFICE SUPPLIES 50.40 2101 COMMUNITY DEVELOPMENT ADMIN Total 517.94 2126 BUILDING INSPECTION SERVICES 62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTIONS 100.00 62464 SAFEBUILT ILLINOIS INSPECTION AND PLAN REVIEW CONSULTING SERVICES 8,072.53 2126 BUILDING INSPECTION SERVICES Total 8,172.53 2205 POLICE ADMINISTRATION 52545 WINTRUST BANK REFUND: FIRE ALARM OVERPAYMENT 600.00 62210 MSF GRAPHICS, INC.PRINTING SERVICES - DRIVER INFO EXCHANGE FORM 196.82 62210 THE PRINTED WORD, INC.PRINTING SERVICES - BUSINESS CARDS 30.00 62272 WEST GROUP PAYMENT CTR INFORMATION CHARGES 511.98 62490 NATIONAL AWARDS & FINE GIFTS RETIREMENT PLAQUE & NAMEPLATE 72.00 64005 COMED ELECTRIC BILL - CAMERAS 456.39 64015 NICOR UTILITIES: NICOR 344.23 2205 POLICE ADMINISTRATION Total 2,211.42 2210 PATROL OPERATIONS 65020 CITY OF EVANSTON PETTY CASH PETTY CASH - ADMINISTRATION 7.95 65020 J. G. UNIFORMS, INC UNIFORM 175.70 65020 VCG UNIFORM UNIFORM 224.85 65020 VCG UNIFORM UNIFORM - VEST 825.00 65020 KIESLER POLICE SUPPLY, INC.UNIFORM - VEST 844.82 65020 ARTISTIC ENGRAVING BADGE /STAR 159.91 2210 PATROL OPERATIONS Total 2,238.23 2251 311 CENTER 64505 AT & T COMMUNICATION CHARGES - OCTOBER 2018 403.12 65020 VCG UNIFORM UNIFORM 590.45 2251 311 CENTER Total 993.57 1124 of 945 CITY OF EVANSTON BILLS LIST PERIOD ENDING 12.11.2018 2255 OFFICE-PROFESSIONAL STANDARDS 62770 NET TRANSCRIPTS, INC.TRANSCRIPTS 49.75 2255 OFFICE-PROFESSIONAL STANDARDS Total 49.75 2260 OFFICE OF ADMINISTRATION 62295 KLOPACK, STEVEN TRAINING/TRAVEL ROYAL ARMS FLASH BANG INSTRUCTOR 115.00 62295 CITY OF EVANSTON PETTY CASH PETTY CASH - ADMINISTRATION 130.00 62295 NORTH EAST MULTI-REGIONAL TRAINING INC TRAINING - ADVANCED HOMICIDE INVESTINGATION 250.00 62295 MIZELL, MARK MEAL ALLOWANCE - EMERGENCY BASED SPANISH FOR LAW ENF 45.00 62295 JACLYN RODEN MEAL ALLOWANCE - SFST INSTRUCTOR SCHOOL 75.00 65095 OFFICE DEPOT OFFICE SUPPLIES - POLICE ADMIN 98.42 2260 OFFICE OF ADMINISTRATION Total 713.42 2270 TRAFFIC BUREAU 62451 NORTH SHORE TOWING TOW PICK UP 10.00 2270 TRAFFIC BUREAU Total 10.00 2280 ANIMAL CONTROL 62225 ANDERSON PEST CONTROL PEST CONTROL SERVICES - ANIMAL SHELTER 58.14 2280 ANIMAL CONTROL Total 58.14 2291 PROPERTY BUREAU 65125 DOJE'S FORENSIC SUPPLIES PROPERTY SUPPLIES 512.20 65125 EVIDENT INC.EVIDENCE SUPPLIES 62.49 65125 ULINE PROPERTY SUPPLIES 239.32 2291 PROPERTY BUREAU Total 814.01 2295 BUILDING MANAGEMENT 62225 ECO-CLEAN MAINTENANCE JANITORIAL CLEANING SERVICES 2,925.00 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 184.56 2295 BUILDING MANAGEMENT Total 3,109.56 2305 FIRE MGT & SUPPORT 62518 HASTINGS AIR-ENERGY CONTROL EXHAUST REPAIR 213.45 64015 NICOR UTILITIES: NICOR 1,288.62 65020 TODAY'S UNIFORMS INC.UNIFORMS 3,258.40 2305 FIRE MGT & SUPPORT Total 4,760.47 2310 FIRE PREVENTION 53715 PETER CLIFFORD REFUND: OVERPAYMENT 100.00 2310 FIRE PREVENTION Total 100.00 2315 FIRE SUPPRESSION 53675 ANDRES MEDICAL BILLING AMBULANCE CHARGES - OCTOBER 2018 5,914.30 62295 W S DARLEY & CO TRAINING PROP 412.58 62295 UNIVERSITY OF ILLINOIS -GAR 162 FIREFIGHTER TRAINING 600.00 62295 NORTHEASTERN ILLINOIS PUBLIC SAFETY FIREFIGHTER TRAINING 2,650.00 62430 ECO-CLEAN MAINTENANCE JANITORIAL CLEANING SERVICES 570.00 65090 AIR ONE EQUIPMENT REPAIR PARTS 118.00 65105 RESCUEDIRECT, INC TRT MATERIAL 316.52 65125 RESCUEDIRECT, INC TRT MATERIAL 1,040.69 2315 FIRE SUPPRESSION Total 11,622.09 2407 HEALTH SERVICES ADMIN 65095 OFFICE DEPOT OFFICE SUPPLIES 18.53 2407 HEALTH SERVICES ADMIN Total 18.53 2435 FOOD AND ENVIRONMENTAL HEALTH 52046 JOHN G. FRYE, JR.REFUND: OVERPAYMENT OF RENTAL REGISTRATION FEE 9.00 62360 ILLINOIS ENVIRONMENTAL HEALTH ASSOC 2019 MEMBERSHIP RENEWAL 220.00 62494 ILLINOIS STATE POLICE HOME DAYCARE BACKGROUND CHECK 30.00 62605 ROSE PEST SOLUTIONS PEST CONTROL SERVICES - DECEMBER 2018 6,240.00 65020 VCG UNIFORM UNIFORMS - KIMBERLY SNIDER 60.95 65095 OFFICE DEPOT OFFICE SUPPLIES 239.97 2435 FOOD AND ENVIRONMENTAL HEALTH Total 6,799.92 3005 REC. MGMT. & GENERAL SUPPORT 62205 REACH MEDIA NETWORK DIGITAL SIGN SERVICES 7,644.56 3005 REC. MGMT. & GENERAL SUPPORT Total 7,644.56 3025 PARK UTILITIES 64005 COMED UTILITIES: COMED 291.56 64005 DYNEGY UTILITIES: DYNEGY 1,788.99 65085 SERVICE SANITATION INC RENTAL OF PORTABLE TOILET 640.00 3025 PARK UTILITIES Total 2,720.55 3030 CROWN COMMUNITY CENTER 62210 GRACE PRINTING & MAILING NUTCRACKER FLYER & POSTER PRINTING 82.00 62505 GARY KANTOR KIDS MAGIC CLASS 182.00 64005 DYNEGY UTILITIES: DYNEGY 3,748.88 64015 NICOR UTILITIES: NICOR 109.72 65025 EVANSTON TOWNSHIP HIGH SCHOOL CHILDCARE LUNCHES 2,605.68 65040 UNIFIRST CORPORATION JANITORIAL SUPPLIES 78.96 3030 CROWN COMMUNITY CENTER Total 6,807.24 3035 CHANDLER COMMUNITY CENTER 64005 DYNEGY UTILITIES: DYNEGY 919.93 64015 NICOR UTILITIES: NICOR 214.03 65095 OFFICE DEPOT OFFICE SUPPLIES 91.81 65110 NATIONAL AWARDS & FINE GIFTS SPORTSMANSHIP AWARDS 28.00 3035 CHANDLER COMMUNITY CENTER Total 1,253.77 3040 FLEETWOOD JOURDAIN COM CT 64005 DYNEGY UTILITIES-DYNEGY 1,906.23 64015 NICOR UTILITIES: NICOR 241.64 65025 SMIGO MANAGEMENT GROUP DBA HOFFMAN HOUSE CATERING CATERING FOOD FOR SENIORS ON WEDNESDAYS.490.62 65040 SUPERIOR INDUSTRIAL SUPPLY CAN LINER, MOP HEADS TISSUE ROLLS, BLEACH ETC.336.95 65110 SPECIALTY FLOORS, INC.SCREEN COE ON FLOOR 1,100.00 65110 EXPRESS PRESS STAFF SHIRTS 861.14 3040 FLEETWOOD JOURDAIN COM CT Total 4,936.58 3045 FLEETWOOD/JOURDAIN THEATR 62505 MARISSA GEOCARIS STAGE MANAGER, LIGHTING DESIGN NUTCRACKER 600.00 62505 KARA ROSEBOROUGH PLAYWRIGHT, PERFORMER, CHOREOGRAPHER NUTCRACKER 820.00 62511 SOUL CREATIONS PERFORMERS/NARRATORS KWANZAA 600.00 62511 SHANNON, ELDRIDGE PERFORMER FJT NUTCRACKER 300.00 62511 TUESDAI B. PERRY PERFORMER NUTCRACKER 300.00 3045 FLEETWOOD/JOURDAIN THEATR Total 2,620.00 2125 of 945 CITY OF EVANSTON BILLS LIST PERIOD ENDING 12.11.2018 3055 LEVY CENTER SENIOR SERVICES 62245 EQUIPMENT DEPOT OF ILLINOIS GENIE LIFT NEW BATTERY 739.78 62505 VIVIAN VISSER CLAY AND GLASS INSTRUCTION - NOVEMBER 2018 501.50 62505 LAKE FOREST FLOWERS HOLIDAY CLASS INSTRUCTOR AND MATERIALS 250.00 62505 PHYLLIS WEILAND INSTRUCTOR FOR CLASS 42.00 62507 IDEAL CHARTER BALANCE DUE FOR THEATRE TRIP 419.50 62507 DENNY DIAMOND, INC.APRIL 2019 FIELD TRIP DEPOSIT 100.00 62509 DIRECT FITNESS SOLUTIONS PREVENTATIVE MAINTENANCE FITNESS EQUIPMENT 525.00 62511 COMCAST CABLE COMMUNICATION CHARGES 133.21 62695 AMERICAN CHARGE SERVICE TAXI COUPONS 410.00 64005 DYNEGY UTILITIES: DYNEGY 4,869.61 64015 NICOR UTILITIES: NICOR 308.40 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 486.07 65110 CLESEN WHOLESALE FLOWERS FOR GARDEN 267.35 3055 LEVY CENTER SENIOR SERVICES Total 9,052.42 3075 BOAT STORAGE FACILITIES 65070 GRAINGER, INC., W.W.ANGLE GRINDER 213.05 3075 BOAT STORAGE FACILITIES Total 213.05 3080 BEACHES 64005 DYNEGY UTILITIES: DYNEGY 115.59 3080 BEACHES Total 115.59 3095 CROWN ICE RINK 62210 GRACE PRINTING & MAILING NUTCRACKER FLYER & POSTER PRINTING 96.59 62245 JORSON & CARLSON ICE SCRAPER KNIVES MAINTENANCE 115.01 62505 WITSCHY, TIANA PRACTICE ICE MONITOR 82.50 62505 SOPHIA LAWRENCE PRACTICE ICE MONITOR 487.50 64005 DYNEGY UTILITIES: DYNEGY 11,246.63 64015 NICOR UTILITIES: NICOR 329.14 65110 ILLINOIS PAPER DBA IMPACT NETWORKING LLC COPIER PAPER 173.00 65110 LITRONICX LTD LIGHTING SERVICES FOR NUTCRACKER SHOW 6,005.00 3095 CROWN ICE RINK Total 18,535.37 3100 SPORTS LEAGUES 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL SERVICE 46.88 62508 ZIMMERMAN, JAY LEAGUE OFFICIAL 735.00 62508 DOWDLE, CAREY LEAGUE OFFICIAL 108.00 62508 MORRIS SCHWARTZ LEAGUE OFFICIAL 915.00 65110 CONSERV FS ATHLETIC FIELD WEED MAINTENANCE 4,884.25 65110 CONSERV FS TOP DRESS MIX 1,220.10 65110 CONSERV FS TRUSTRIPE FIELD PAINT 562.50 65110 CONSERV FS TURFACE 714.10 3100 SPORTS LEAGUES Total 9,185.83 3215 YOUTH ENGAGEMENT DIVISION 62490 YOUTH JOB CENTER OF EVANSTON CAREER PATHWAYS 55,200.00 62490 JAMES B. MORAN CENTER FOR YOUTH ADVOCACY 2018 CERTIFICATE OF REHABILITATION PROGRAM 30,000.00 3215 YOUTH ENGAGEMENT DIVISION Total 85,200.00 3225 GIBBS-MORRISON CULTURAL CENTER 62225 CINTAS CORPORATION #769 MONTHLY MAT SERVICE 97.42 62490 RUSSELL WINE STUDIO ENGINEER 87.50 62490 PAUL W. HOWLETT JR.CONTRACT SERVICE AGREEMENT 50.00 3225 GIBBS-MORRISON CULTURAL CENTER Total 234.92 3605 ECOLOGY CENTER 62511 FLYING FOX CONSERVATION FUND ANIMAL PRESENTATION 350.00 64005 DYNEGY UTILITIES: DYNEGY 382.75 3605 ECOLOGY CENTER Total 732.75 3710 NOYES CULTURAL ARTS CENTER 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL SERVICE 92.14 64005 DYNEGY UTILITIES: DYNEGY 1,279.94 64015 NICOR UTILITIES: NICOR 303.25 3710 NOYES CULTURAL ARTS CENTER Total 1,675.33 3720 CULTURAL ARTS PROGRAMS 62515 GAND MUSIC AND SOUND SPEAKERS FOR CHILDREN'S THEATRE 400.00 65110 JULIE JACHYM COSTUME EXPENSES - SHREK 153.80 3720 CULTURAL ARTS PROGRAMS Total 553.80 3806 CIVIC CENTER SERVICES 64015 NICOR UTILITIES: NICOR 481.97 3806 CIVIC CENTER SERVICES Total 481.97 4105 PUBLIC WORKS AGENCY ADMIN 56134 MICHAEL THOMAS REFUND: ELM TREE 140.00 56134 JEFF AYOUB REFUND: ELM TREE 140.00 4105 PUBLIC WORKS AGENCY ADMIN Total 280.00 4320 FORESTRY 62385 NELS J. JOHNSON TREE EXPERTS, INC.TREE REMOVAL - 1426 GREENLEAF 3,295.00 4320 FORESTRY Total 3,295.00 4330 GREENWAYS 62195 NATURE'S PERSPECTIVE LANDSCAPING LANDSCAPING SERVICE FOR CORNER PLANTINGS/CUL-DE-SACS EVAN PLAZA 2,008.50 62195 SKOKIE PARK DISTRICT 50% OF MAINTENANCE/OPERATIONS FOR SOCCER/DOG PARK 9,054.04 62199 HOWARD L WHITE & ASSOCIATES, INC.SOLE SOURCE PURCHASE OF LAKEFRONT MEMORIAL BENCHES 8,315.00 65005 CLESEN WHOLESALE PLANTS - GREENWAYS 129.60 65005 CONSERV FS FERTILIZER - GREENWAYS 744.75 4330 GREENWAYS Total 20,251.89 4510 STREET MAINTENANCE 62415 G & L CONTRACTORS, INC 2018 DEBRIS HAULING 3,212.60 62415 THELEN MATERIALS, LLC 2018 LEAF HAULING & DISPOSAL 2,380.00 65055 OZINGA CHICAGO RMC, INC.2018 CONCRETE PURCHASE 3,607.75 65055 BUILDERS ASPHALT, LLC 2018 HOT MIX ASPHALT PURCHASE 1,217.52 4510 STREET MAINTENANCE Total 10,417.87 4520 TRAF. SIG.& ST LIGHT MAINT 64006 COMED UTILITIES: COMED 28,033.85 64007 COMED UTILITIES: COMED 21,183.85 64008 COMED UTILITIES: COMED 339.93 64008 DYNEGY UTILITIES: DYNEGY 41.15 65070 GRAINGER, INC., W.W.3/4 INCH FLAT WASHERS - TRAFFIC 521.55 65070 GRAINGER, INC., W.W.3/4 INCH SPLIT BOLT WASHERS - TRAFFIC 278.74 3126 of 945 CITY OF EVANSTON BILLS LIST PERIOD ENDING 12.11.2018 65070 GRAINGER, INC., W.W.3/4 INCH WASHERS - TRAFFIC 276.09 65070 GRAINGER, INC., W.W.BOLTS - TRAFFIC 123.76 65070 GRAINGER, INC., W.W.FUSES & WIRE SPLICE CONNECTORS - TRAFFIC 75.16 65070 GRAINGER, INC., W.W.SPRAY PAINT - TRAFFIC 91.17 65070 GRAINGER, INC., W.W.WIRE SPLICE CONNECTORS - TRAFFIC 200.88 65085 GRAINGER, INC., W.W.3/4 INCH SPLIT LOCK WASHERS - TRAFFIC 39.82 4520 TRAF. SIG.& ST LIGHT MAINT Total 51,205.95 4550 MAINT-SNOW & ICE 65015 MORTON SALT 2018 BULK ROCK SALT PURCHASE 20,176.71 4550 MAINT-SNOW & ICE Total 20,176.71 5300 ECON. DEVELOPMENT 62185 PLCS CORP. DBA GREMLEY & BIEDERMANN, INC PLAT OF SURVEY FOR PARKING LOT #1 AT SOUTH AND HINMAN 1,750.00 62659 EVMARK ECONOMIC DEVELOPMENT PARTNERSHIP CONTRIBUTION 20,750.00 62663 MUDLARK THEATER COMPANY EQUITY IN ARTS GRANT - INSTALLMENT 6,249.99 65522 CENTRAL STREET BUSINESS ASSOCIATION ADVERTISING 4,253.87 65522 HERRERA LANDSCAPE SNOW REMOVAL, INC 2018 PLANTERS FOR BUSINESS DISTRICTS RFP 18-04 3,507.61 5300 ECON. DEVELOPMENT Total 36,511.47 100 GENERAL FUND Total 883,280.67 175 GENERAL ASSISTANCE FUND 4605 GENERAL ASSISTANCE ADMIN 65095 OFFICE DEPOT OFFICE SUPPLIES 397.20 4605 GENERAL ASSISTANCE ADMIN Total 397.20 175 GENERAL ASSISTANCE FUND Total 397.20 205 EMERGENCY TELEPHONE (E911) FUND 5150 EMERGENCY TELEPHONE SYSTM 62360 APCO INTERNATIONAL ANNUAL DUES 276.00 62509 CHICAGO COMMUNICATIONS, LLC.MOBILE RADIOS 674.00 65085 COMMUNICATIONS DIRECT MOBILE RADIOS 834.00 65085 MOTOROLA SOLUTIONS, INC.COMMUNICATION CHARGES 792.05 5150 EMERGENCY TELEPHONE SYSTM Total 2,576.05 205 EMERGENCY TELEPHONE (E911) FUND Total 2,576.05 210 SPECIAL SERVICE AREA (SSA) #4 5160 SPECIAL SERVICE AREA #4 62517 EVMARK SSA 4 PAYMENT FOR OPERATING FUNDS 92,500.00 5160 SPECIAL SERVICE AREA #4 Total 92,500.00 210 SPECIAL SERVICE AREA (SSA) #4 Total 92,500.00 220 CDBG LOAN FUND 5280 CD LOAN 65535 ECO GREENERGY CONSTRUCTION, LLC HOUSING REHAB - 1914 DODGE 5,960.00 65535 PRIORITY MANAGEMENT SERVICES, LLC HOUSING REHAB - 810 BRUMMEL 1E 11,300.00 5280 CD LOAN Total 17,260.00 220 CDBG LOAN FUND Total 17,260.00 300 WASHINGTON NATIONAL TIF FUND 5470 WASHINGTON NAT'L TIF DS 62605 EVMARK FUNDING AGREEMENT BETWEEN EVMARK & COE LANDSCAPING & MAINT SRVCS 24,668.00 5470 WASHINGTON NAT'L TIF DS Total 24,668.00 300 WASHINGTON NATIONAL TIF FUND Total 24,668.00 335 WEST EVANSTON TIF FUND 5870 WEST EVANSTON TIF 62185 KANE, MCKENNA AND ASSOCIATES, INC. EVANSTON TIF TAX CODE ANALYSIS 875.00 5870 WEST EVANSTON TIF Total 875.00 335 WEST EVANSTON TIF FUND Total 875.00 415 CAPITAL IMPROVEMENTS FUND 4117 2017 GO BOND ISSUANCE 618004 62145 GRUMMAN/BUTKUS ASSOCIATES CIVIC CENTER HVAC ARCHITECTURAL/ENGINEERING SRVCS 8,462.48 617023 62145 WISS, JANNEY, ELSTNER ASSOCIATES INC. SERVICE CENTER EMERGENCY REPAIRS - STRUCTURAL CONSULTING SERVICE 5,952.50 117004 62145 CCJM ENGINEERS, LTD STRUCTURAL ENGINEERING FOR ARTWORK INSTALLATION GB/RIDGE/EMERSON 3,500.00 617070 65515 CHICAGO COMMUNICATIONS, LLC.SOLE SOURCE ANTENNA REMOVAL AND INSTALLATION FIRE 2 3,000.00 415450 65515 COPENHAVER CONSTRUCTION FOUNTAIN SQUARE RENOVATIONS 4,743.13 417002 65515 CHRISTOPHER B. BURKE ENGINEERING, LTD.HOWARD ST CORRIDOR IMPROVEMENT PROJECT 798.66 4117 2017 GO BOND ISSUANCE Total 26,456.77 4118 2018 GO BOND CAPITAL 117004 62145 ART ENCOUNTER MURAL AT SOUTH BOULEVARD - MURAL ARTS PROGRAM 7,000.00 418005 62145 IMS INFRASTRUCTURE MANAGEMENT SERVICES COMPREHENSIVE PAVEMENT CONDITION EVALUATION 3,936.00 618005 65515 OTIS ELEVATOR COMPANY SOLE SOURCE MODERNIZATION OF ELEVATORS AT CIVIC CENTER 137,034.00 418030 65515 TRAFFIC CONTROL & PROTECTION, INC.IN-STREET PEDESTRIAN CROSSING SIGNS 6,610.50 617023 65515 WISS, JANNEY, ELSTNER ASSOCIATES INC.SERVICE CENTER EMERGENCY REPAIRS - STRUCTURAL CONSULTING SERVICE 19,500.00 418013 65515 SHERWIN INDUSTRIES PURCHASE OF THERMOPLASTIC APPLICATOR SYSTEM 19,115.01 418023 65515 PRECISION PAVEMENT MARKINGS, INC.2018 PAVEMENT MARKING PROGRAM 5,378.36 419001 65515 GEWALT HAMILTON ASSOCIATES, INC.2019 ALLEY PROJECTS SURVEY 3,950.00 617023 65515 MONSON NICHOLAS, INC.SERVICE CENTER PARKING DECK RESTORATION BID 18-02 38,365.21 418015 65515 AMERICAN SURVEYING & ENGINEERING, P.C.SURVEY BENCHMARK UPDATE RFP 18-26 8,937.09 618036 65515 MASTER TRADE INC.EMERGENCY LINING OF 4' CAST IRON DRAIN LINE 3,700.00 415450 65515 CHRISTOPHER B. BURKE ENGINEERING, LTD.SHERIDAN RD-CHICAGO AVE. PHASE III ENG SRVCS 48,798.48 4118 2018 GO BOND CAPITAL Total 302,324.65 4217 2017 CIP OTHER FUNDING SOURCE 617016 62145 ROSS BARNEY ARCHITECTS HOWARD ST. THEATER DESIGN 1,824.60 516004 65515 COPENHAVER CONSTRUCTION FOUNTAIN SQUARE RENOVATIONS 50,966.05 4217 2017 CIP OTHER FUNDING SOURCE Total 52,790.65 4218 NON-BOND CAPITAL 2018 618026 65515 ANDERSON LOCK CO. LTD INSTALLATION OF EXTERIOR ENTRANCE DOOR HARDWARE - NOYES 19,906.50 4218 NON-BOND CAPITAL 2018 Total 19,906.50 415 CAPITAL IMPROVEMENTS FUND Total 401,478.57 4127 of 945 CITY OF EVANSTON BILLS LIST PERIOD ENDING 12.11.2018 416 CROWN CONSTRUCTION FUND 4160 CROWN CONSTRUCTION PROJECT 616017 62145 WOODHOUSE TINUCCI ARCHITECTS ROBERT CROWN CONSTRUCTION SERVICES 196,381.82 616017 65515 BULLEY & ANDREWS, LLC ROBERT CROWN CONSTRUCTION MANAGER SERVICES 2,374,138.35 4160 CROWN CONSTRUCTION PROJECT Total 2,570,520.17 416 CROWN CONSTRUCTION FUND Total 2,570,520.17 505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 62509 AUTOMATED PARKING TECHNOLOGIES PARKING GARAGE MANAGEMENT-CUSTOMER SUPPORT 178.50 62509 SP PLUS PARKING NORTHWESTERN GAME DAY MANAGEMENT 8,393.00 65070 AUTOMATED PARKING TECHNOLOGIES PARKING GARAGE SUPPLIES 143.52 65095 OFFICE DEPOT OFFICE SUPPLIES 21.85 65515 PRECISION PAVEMENT MARKINGS, INC.2018 PAVEMENT MARKING PROGRAM 2,600.00 7005 PARKING SYSTEM MGT Total 11,336.87 7015 PARKING LOTS & METERS 62375 GTC MAIN STREET, INC.PARKING LEASE - LOT 15 15,131.24 65070 DUNCAN PARKING TECHNOLOGIES, INC.PARKING AUTOTRAX FEES - OCTOBER 2018 10,218.75 7015 PARKING LOTS & METERS Total 25,349.99 7025 CHURCH STREET GARAGE 62245 AUTOMATED PARKING TECHNOLOGIES PARKING GARAGE SUPPLIES 48.00 62400 AUTOMATED PARKING TECHNOLOGIES PARKING GARAGE MANAGEMENT 1,046.80 62400 SP PLUS PARKING PARKING GARAGE MANAGEMENT 23,607.03 64005 DYNEGY UTILITIES: DYNEGY 2,996.30 64505 CALL ONE COMMUNICATION CHARGES 470.91 7025 CHURCH STREET GARAGE Total 28,169.04 7036 2008B BOND SHERMAN GARAGE 62245 AUTOMATED PARKING TECHNOLOGIES PARKING GARAGE SUPPLIES 380.40 62245 AUTOMATED PARKING TECHNOLOGIES PARKING EQUIPMENT MAINTENANCE 48.00 62245 AUTOMATED PARKING TECHNOLOGIES PARKING GARAGE MANAGEMENT 2,134.50 62245 AUTOMATED PARKING TECHNOLOGIES PARKING GARAGE SUPPLIES 14.40 62400 AUTOMATED PARKING TECHNOLOGIES PARKING GARAGE MANAGEMENT 1,253.90 62400 SP PLUS PARKING PARKING GARAGE MANAGEMENT 55,502.59 62660 MB EVANSTON SHERMAN, L.L.C.JANITORIAL CLEANING - NOVEMBER 2018 7,016.41 62660 MB EVANSTON SHERMAN, L.L.C.JANITORIAL CLEANING - OCTOBER 2018 7,016.41 64005 DYNEGY UTILITIES: DYNEGY 7,385.28 64505 CALL ONE COMMUNICATION CHARGES 530.70 7036 2008B BOND SHERMAN GARAGE Total 81,282.59 7037 MAPLE GARAGE 62245 AUTOMATED PARKING TECHNOLOGIES PARKING GARAGE MANAGEMENT 4,121.54 62245 AUTOMATED PARKING TECHNOLOGIES PARKING GARAGE SUPPLIES 48.00 62400 AUTOMATED PARKING TECHNOLOGIES PARKING GARAGE MANAGEMENT 956.20 62400 SP PLUS PARKING PARKING GARAGE MANAGEMENT 46,672.63 64005 DYNEGY UTILITIES: DYNEGY 5,582.63 64505 CALL ONE COMMUNICATION CHARGES 1,060.22 68205 WISS, JANNEY, ELSTNER ASSOCIATES INC.REPAIRS AT MAPLE GARAGE 1,495.00 7037 MAPLE GARAGE Total 59,936.22 505 PARKING SYSTEM FUND Total 206,074.71 510 WATER FUND 4200 WATER PRODUCTION 56145 HOME DEPOT 35565 FIRE HYDRANT PERMIT DEPOSIT REFUND 1,300.00 62315 UNITED PARCEL SERVICE SHIPPING CHARGES 150.00 64505 CALL ONE COMMUNICATION CHARGES 278.19 65095 OFFICE DEPOT OFFICE SUPPLIES 261.37 4200 WATER PRODUCTION Total 1,989.56 4208 WATER BILLING 64540 VERIZON WIRELESS METER LAPTOPS 114.03 4208 WATER BILLING Total 114.03 4210 PUMPING 64005 DYNEGY UTILITIES: DYNEGY 72,972.08 64015 NICOR UTILITIES: NICOR 750.34 65035 GIRARD CHEMICAL CO.ANNUAL BOILER SERVICE, CHEMICAL & TESTING FOR 2018-2019 1,450.00 4210 PUMPING Total 75,172.42 4220 FILTRATION 62465 EUROFINS EATON ANALYTICAL FY 2018 LABORATORY TESTING - UCMR4 550.00 62465 FY 2018 LABORATORY TESTING-ROUTINE COMPLIANCE 1,371.00 65015 ALEXANDER CHEMICAL CORPORATION HYDROFLUOROSILICIC ACID (PER SPEC)6,894.66 65030 CARUS PHOSPHATES, INC.ORTHOPOLYPHOSPHATE (PER SPEC)16,077.60 65090 NORTH SHORE ENH OMEGA PULMONARY SURVEILLANCE 130.00 4220 FILTRATION Total 25,023.26 4225 WATER OTHER OPERATIONS 717016 62180 BLACK & VEATCH CORPORATION 2018 HYDRAULIC MODELING SERVICES-ENGINEERING SVCS 8,994.00 62185 KARRA BARNES CMMS SPECIALIST CONTRACT SALARY 7,500.00 62315 SEBIS DIRECT UTILITY BILL PRINT & MAIL SERVICES 2,500.00 62340 INNOVYZE, INC.INNOVYZE INFOWATER SOFTWARE LICENSE ANNUAL MAINTENANCE 5,000.00 62455 SEBIS DIRECT UTILITY BILL PRINT & MAIL SERVICES 96.47 4225 WATER OTHER OPERATIONS Total 24,090.47 4540 DISTRIBUTION MAINTENANCE 62210 ALLEGRA PRINT & IMAGING BACKFLOW PREVENTION POSTCARDS 95.00 62275 ALLEGRA PRINT & IMAGING BACKFLOW PREVENTION POSTCARDS 50.82 65051 OZINGA CHICAGO RMC, INC.2018 CONCRETE PURCHASE 185.00 65055 WATER PRODUCTS CO.MJ FITTINGS (22.5 BENDS)268.50 4540 DISTRIBUTION MAINTENANCE Total 599.32 510 WATER FUND Total 126,989.06 513 WATER DEPR IMPRV &EXTENSION FUND 7330 WATER FUND DEP, IMP, EXT 417009 62145 CTL GROUP PHYSICAL INSPECTION & TESTING OF LARGE DIAMETER MAINS 14,915.65 7330 WATER FUND DEP, IMP, EXT Total 14,915.65 513 WATER DEPR IMPRV &EXTENSION FUND Total 14,915.65 5128 of 945 CITY OF EVANSTON BILLS LIST PERIOD ENDING 12.11.2018 515 SEWER FUND 4530 SEWER MAINTENANCE 62315 SEBIS DIRECT UTILITY BILL PRINT & MAIL SERVICES 2,500.00 62340 INNOVYZE, INC.INNOVYZE INFOSWMM SOFTWARE LICENSE ANNUAL MAINTENANCE 3,200.00 62455 SEBIS DIRECT UTILITY BILL PRINT & MAIL SERVICES 96.47 62461 MUNICIPAL SALES, INC.2018 ROOT TREATMENT OF SEWER MAINS 18,064.30 4530 SEWER MAINTENANCE Total 23,860.77 515 SEWER FUND Total 23,860.77 520 SOLID WASTE FUND 4310 RECYCLING AND ENVIRONMENTAL MAIN 62405 SOLID WASTE AGENCY NORTHERN COOK FY 2018 SWANCC DISPOSAL FEES 44,921.98 4310 RECYCLING AND ENVIRONMENTAL MAIN Total 44,921.98 520 SOLID WASTE FUND Total 44,921.98 600 FLEET SERVICES FUND 7705 GENERAL SUPPORT 64505 CALL ONE COMMUNICATION CHARGES 1,120.36 7705 GENERAL SUPPORT Total 1,120.36 7710 MAJOR MAINTENANCE 62240 GROVER WELDING COMPANY TRAILER GATE REPAIR 365.86 62240 NORTH SHORE TOWING TOW AND HOOK MEDIUM DUTY 217.50 62240 WIRFS INDUSTRIES INC.PUMP TESTING 511.00 62240 GLOBAL EMERGENCY PRODUCTS, INC.REPAIR TO REAR BODY HARNESS 510.00 62240 LAKESIDE INTERNATIONAL, LLC ENGINE REPAIRS 407.05 62240 GOLF MILL FORD BATTERY REPAIR AND CHECK 456.50 62240 ORLANDO AUTO TOP WINDSHIELD INSTALLATION FOR FIRE TRUCK 250.00 62240 ATLAS TOYOTA MATERIAL HANDLING CREDIT FOR VENT HOSE INSTALLATION WORK -975.00 62240 ATLAS TOYOTA MATERIAL HANDLING INSTALLATION OF VENT HOSE 1,950.00 62240 ADVANCED PROCLEAN INC.FLEET PRESSURE WASHING 593.45 62355 CINTAS FIRST AID & SUPPLY SAFETY MAT SERVICE 281.56 62355 CINTAS FIRST AID & SUPPLY UNIFORM LAUNDRY SERVICE 407.26 65035 STENSTROM PETROLEUM SERVICES GROUP ANNUAL LINE LEAK TESTING 3,300.00 65035 GAS DEPOT INC.FUEL PURCHASES 16,905.60 65060 1ST AYD CORPORATION WIPER BLADES 376.74 65060 1ST AYD CORPORATION WIPERS, FLUIDS, BRAKE PARTS AND MOTOR 1,392.82 65060 AETNA TRUCK PARTS, INC.AUTO PLUGS AND CAPS 189.13 65060 AETNA TRUCK PARTS, INC.AUTOMOTIVE STRAPS AND HARNESSES 259.06 65060 ATLAS BOBCAT, INC.REAR TURN SIGNAL LIGHT REPLACEMENT 174.79 65060 FLINK COMPANY DUMP BODY CONVEYOR DRAG CHAIN 1,811.16 65060 FLINK COMPANY EXHAUST PIPE AND PARTS 659.68 65060 FLINK COMPANY SNOW PLOW PARTS FOR FLEET INVENTORY 2,866.40 65060 FLINK COMPANY SNOW PLOW WHEEL PARTS FOR FLEET INVENTORY 3,662.70 65060 GROVER WELDING COMPANY REPAIR TO DUMP TRUCK BOX #623 3,531.33 65060 HAVEY COMMUNICATIONS INC.EMERGENCY LIGHTING & PARTS 1 YEAR RENEWAL 337.62 65060 INTERSTATE BATTERY OF NORTHERN CHICAGO BATTERIES 464.40 65060 LEACH ENTERPRISES, INC.AUTO PART DESIC CART 69.95 65060 LEACH ENTERPRISES, INC.AXLE STUD, BUSH KIT AND CAMSHAFTS 462.86 65060 LEACH ENTERPRISES, INC.BRAKE KITS 586.96 65060 LEACH ENTERPRISES, INC.CARTRIDGE KIT 262.06 65060 LEACH ENTERPRISES, INC.CONTROL VALVE 36.79 65060 MONROE TRUCK EQUIPMENT SNOW PLOW WHEELS FOR FLEET INVENTORY 4,146.39 65060 NORTH SHORE TOWING TOW & HOOK HEAVY DUTY 612.50 65060 ALTORFER INDUSTRIES, INC.VEHICLE RAILS AND LATCHES 93.75 65060 REGIONAL TRUCK EQUIPMENT COMPANY, INC.LEFT TAIL LIGHT REPLACEMENT 79.07 65060 REGIONAL TRUCK EQUIPMENT COMPANY, INC.MOTOR 527.84 65060 RUSSO POWER EQUIPMENT BOLTS AND BUSHING 37.28 65060 STANDARD EQUIPMENT COMPANY CONNECTOR 312.71 65060 STANDARD EQUIPMENT COMPANY LED FLASHER 144.84 65060 TERMINAL SUPPLY CO.MAXI FUSES 108.50 65060 TERMINAL SUPPLY CO.WASHERS, TERMINALS, LUGS AND PARTS 238.57 65060 WEST SIDE EXCHANGE VEHICLE CYLINDER AND PARTS 781.42 65060 WEST SIDE EXCHANGE VEHICLE SEATS 1,507.36 65060 WEST SIDE EXCHANGE WHEEL PARTS 917.81 65060 INTERSTATE POWER SYSTEMS, INC.FILTER KITS AND THERMOSTATS 252.95 65060 INTERSTATE POWER SYSTEMS, INC.SEALS 10.14 65060 INTERSTATE POWER SYSTEMS, INC.THERMOSTATS 254.22 65060 P & G KEENE ELECTRICAL VALVES 252.10 65060 GLOBAL EMERGENCY PRODUCTS, INC.DIFFUSER, GASKETS, TUBING AND TAILPIPES 1,214.38 65060 GLOBAL EMERGENCY PRODUCTS, INC.HYDRAULIC REPAIR OF EFD VEHICLE #311 9,884.59 65060 GLOBAL EMERGENCY PRODUCTS, INC.MOTOR REEL 647.52 65060 GLOBAL EMERGENCY PRODUCTS, INC.SEAT BELTS 136.81 65060 GLOBAL EMERGENCY PRODUCTS, INC.SPRING PNEUMATIC 69.81 65060 LAKESIDE INTERNATIONAL, LLC BOLTS AND OIL KIT 562.83 65060 LAKESIDE INTERNATIONAL, LLC CLAMP EXHAUST AND PIPE TURBO 936.94 65060 LAKESIDE INTERNATIONAL, LLC PIPING, GASKETS, WIPERS AND CLAMPS 1,314.77 65060 FULL THROTTLE MARINE, INC.WATERCRAFT MAINTENANCE & REPAIR - APRIL 2018-MARCH 2019 575.16 65060 GOLF MILL FORD FORD OEM PARTS & SERVICE - APRIL 2018- MARCH 2019 -81.34 65060 GOLF MILL FORD TRANSMISSION REPAIRS TO TRAFFIC VEHICLE #166 4,489.26 65060 R.N.O.W., INC.TAILGATE SEAL AND CHANNEL WELD KIT 1,450.08 65060 R.N.O.W., INC.THROTTLE ADVANCE SWITCH 146.86 65060 CHICAGO PARTS & SOUND, LLC FILTERS 212.60 65060 CHICAGO PARTS & SOUND, LLC OIL FILTERS 103.20 65060 CHICAGO PARTS & SOUND, LLC ROTORS AND BRAKE PADS 362.72 65060 CHICAGO PARTS & SOUND, LLC WIPER BLADES 264.96 65060 APC STORES, INC., DBA BUMPER TO BUMPER AIR FILTERS 92.55 65060 APC STORES, INC., DBA BUMPER TO BUMPER AUTO LIGHTING REFUND -30.98 65060 APC STORES, INC., DBA BUMPER TO BUMPER BATTERIES 337.19 65060 APC STORES, INC., DBA BUMPER TO BUMPER DOOR PART 3.79 65060 APC STORES, INC., DBA BUMPER TO BUMPER FILTERS 1,186.39 65060 APC STORES, INC., DBA BUMPER TO BUMPER FUEL FILTERS 13.36 65060 APC STORES, INC., DBA BUMPER TO BUMPER GASKET SILICONE 39.96 65060 APC STORES, INC., DBA BUMPER TO BUMPER HYDRAULIC HOSE ADAPTER 102.42 65060 APC STORES, INC., DBA BUMPER TO BUMPER OIL FILTERS 26.46 65060 APC STORES, INC., DBA BUMPER TO BUMPER OIL SEALS RETURN -33.48 65060 APC STORES, INC., DBA BUMPER TO BUMPER PRO CYLINDER 82.62 65060 APC STORES, INC., DBA BUMPER TO BUMPER V-BELTS 31.69 65060 APC STORES, INC., DBA BUMPER TO BUMPER VULCANIZING CEMENT 72.86 65060 THE CHEVROLET EXCHANGE NUTS AND BOLTS 40.38 65060 THE CHEVROLET EXCHANGE PLOWING PARTS 1,411.68 65060 THE CHEVROLET EXCHANGE VEHICLE DOOR PARTS 204.99 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC LIGHTING AND VALVES 225.50 65065 WENTWORTH TIRE SERVICE 2018 NEW TIRE PURCHASES 6,280.96 65065 WENTWORTH TIRE SERVICE ONE-YEAR RENEWAL ON TIRE SERVICE & RECAPPING 725.50 7710 MAJOR MAINTENANCE Total 85,707.67 600 FLEET SERVICES FUND Total 86,828.03 6129 of 945 CITY OF EVANSTON BILLS LIST PERIOD ENDING 12.11.2018 601 EQUIPMENT REPLACEMENT FUND 7780 VEHICLE REPLACEMENTS 65550 HAVEY COMMUNICATIONS INC.EMERGENCY LIGHTING & PARTS - ONE-YEAR RENEWAL 337.63 65550 JX PETERBILT PURCHASE OF REPLACEMENT VEHICLE #736 74,613.00 65550 SUBURBAN ACCENTS, INC.AMBULANCE GRAPHICS AND LETTERING 2,950.00 7780 VEHICLE REPLACEMENTS Total 77,900.63 601 EQUIPMENT REPLACEMENT FUND Total 77,900.63 605 INSURANCE FUND 7800 RISK MANAGEMENT 780001 62130 ANCEL,GLINK,DIAMOND,BUSH,DICIANNI & KRAFTHEFER, P.VILLAGE OF SKOKIE 9,900.00 780001 62130 LANER MUCHIN, LTD LEGAL MATTERS 11/1/2018 3,341.60 790200 62130 EVIDENCE CONTROL SYSTEMS, INC.WILSON V COE - EXPERT WITNESS 1,500.00 780001 62130 LAW OFFICES OF SHAWN JONES BOE COMPLAINT 1,850.00 780001 62130 ROBBINS SCHWARTZ NICHOLAS LIFTON & TAYLO LEGAL MATTERS 10/31/2018 17,827.84 780084 62130 JEEP & BLAZER JAMES PARK 210,735.41 7800 RISK MANAGEMENT Total 245,154.85 605 INSURANCE FUND Total 245,154.85 Grand Total 4,820,201.34 7130 of 945 CITY OF EVANSTON BILLS LIST PERIOD ENDING 12.11.2018 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT GENERAL VARIOUS VARIOUS RECTRAC REFUNDS 16.00 2315.53675 VARIOUS AMBULANCE REFUNDS 2,045.49 2,061.49 DEBT SERVICE VARIOUS ZIONS BANK DEBT SERVICE PAYMENTS 17,906,862.81 VARIOUS ZIONS BANK DEBT SERVICE PAYMENTS - FEES 5,250.00 17,912,112.81 INSURANCE VARIOUS VARIOUS WORKERS COMP 22,668.39 VARIOUS VARIOUS CASUALTY LOSS 2,090.73 VARIOUS IPBC MONTHLY COOPERATIVE CONTRIBUTION 475,926.37 500,685.49 SEWER 7481.68305 IEPA LOAN DISBURSEMENT SEWER FUND 10,789.93 7610.68305 IEPA LOAN DISBURSEMENT SEWER FUND 90,535.08 101,325.01 18,516,184.80 Grand Total 23,336,386.14 PREPARED BY DATE REVIEWED BY DATE APPROVED BY DATE 131 of 945 For City Council meeting of December 10, 2018 Item A2 Business of the City by Motion: Insurance Renewals For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Hitesh Desai, Chief Financial Officer and Treasurer Michelle L. Masoncup, Corporation Counsel Subject: Purchase of Insurance/Renewals – Property, Excess Liability & Excess Worker’s Compensation for Fiscal Year 2019 Date: December 3, 2018 Recommended Action: City staff recommends approval to purchase the outlined policies at a total cost of $556,524. The policies will renew all insurance coverage for the City of Evanston for Fiscal Year 2019. Both insurance brokers are in the third year of a three-year contract award to place insurance coverages. Premium quotations received reflected the tightening of insurance markets across all sectors. There was a slight increase in cumulative total pricing for all policies by $680, which excludes the workers compensation and the new policy for environmental liability. Funding Source: Funding will be from the following funds: Insurance Fund Account 605.99.7800.62615 in the amount of $525,000; and Workers’ Compensation Fund Account 605.9978000.66044 in the amount of $130,000. Livability Benefits: Innovation & Process: Support local government best practices and processes. Summary: The City is exposed to various risks of loss related to torts, theft, asset damage, errors and omissions, and natural disasters. Current insurance policies expire on December 31, 2018. The City’s brokers of record, Arthur J. Gallagher and The Owens Group, took all insurance through underwriting and market. Below is a summary of the total premium costs for each policy. Memorandum 132 of 945 Arthur J. Gallagher: Type of Insurance Expiring Carrier (FY18) Proposed Carrier (FY19) 2018 Premium 2019 Premium $ Change % Change General Liability (Excess – First $10M) Argonaut Argonaut $160,243 $168,899 $8,656 5.4% General Liability (Second $10M Layer) Great American Great American $50,000 $50,000 $0 0% Property Affiliated FM Affiliated FM $176,000 $168,033 ($7,967) -4.5% Cyber Axis Beazley $12,099 $12,090 ($9) -0.07% Totals $398,342 $399,022 $680 .17% New Policy: Environmental Environmental No prior carrier Beazley N/A $36,892 (3 year total) N/A N/A The Owens Group: Type of Insurance Expiring Carrier (FY18) Proposed Carrier (FY19) 2018 Premium 2019 Premium $ Change % Change Excess Workers Comp Safety National Safety National $142,735 $150,689 $7,954 5% Governmental Crime National Union (AIG) National Union (AIG) $6,855 $6,813 ($42) -1% Total $149,590 $157,502 $7,912 5% Total Overall Premiums with the New Policy: $547,932 $593,416 $45,484 8% a. General liability insurance The City currently maintains a self-insured retention (SIR) of $1.25 million with an additional layer of excess insurance totaling $20 million. For purposes of prudent risk management, it is advisable to maintain the current retention level and excess layer of coverage. City staff worked with our broker to obtain the most competitive pricing and terms. The new premium reflects a 5.4% increase. Staff recommends selection of two different carriers, similar to last year, Argonaut for the first $10M excess coverage and the second $10M coverage with Great American. 133 of 945 b. Property insurance The City of Evanston maintains commercial all-risk insurance to cover damage to City facilities and contents within the facilities, including business interruption and loss of rents. The coverage is subject to a deductible of $50,000 for each loss and each location. Staff recommends the selection of Affiliated FM as the carrier, their premium cost decreased by 4.5% c. Environmental Staff recommends that the City add a policy for environmental coverage. The Service Center has 8 underground gas tanks that support fleet vehicles. From a risk management perspective, it is prudent to protect the City from this potential source of liability. d. Other Insurance Policies The City also maintains insurance for excess worker’s compensation, crime, and cyber liability. The workers compensation premium was increased by 5%. The crime and cyber policy premiums saw little change, as noted above. Overall, premiums went up because the City purchased a new policy for environmental liability to cover the underground tanks at the Service Center for a 3-year term (total price is $36,892, not a per year price). Staff recommends award of the policies as set forth in the table. ------------------------------------------------------------------------------------- Attachments: Program Structure 134 of 945 City of Evanston R:\CLNTDOCS\03\NonProfit\30908.docx Arthur J. Gallagher Risk Management Services, Inc. Program Structure – 1/1/2019 – 1/1/2020 $1,250,000 Retention $1,250,000 Retention $1,250,000 Retention $1,250,000 Retention $1,250,000 Retention $50,000 AOP Deductible $25,000 Retention Philadelphia $1M Occ./ $3M Agg. Eff. 5/25/18– 5/25/19General and Employee Benefits Liability Automobile Liability Law Enforcement Liability Public Officials Liability Employment Practices Liability Property Building & Business Personal Property Cyber Liability Special Events Liability Allied World $1M Occ./ $3M Agg. Allied World $1M Occ. Allied World $1M Occ./ $3M Agg. Allied World $1M Occ./ $3M Agg. Allied World $1M Occ./ $3M Agg. Allied World $9M Occ./ $9M Agg. Allied World $9M Occ. Allied World $9M Occ./ $9M Agg. Allied World $9M Occ./ $9M Agg. Allied World $9M Occ./ $9M Agg. Great American Assurance Co. $10M Excess Limit Shared Layer Affiliated Ins. Co. $435,000 Loss Limit Beazley $1M Agg. 135 of 945 For Acceptance and Placement on File For Action For City Council meeting of December 10, 2018 Item A3 Business of the City by Motion: Post Bond Issuance Report For Action: Accept and Place on File To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Hitesh D. Desai, Chief Financial Officer/Treasurer Subject: 2018 Post Bond Issuance Report Date: December 10, 2018 Recommended action: Staff recommends the City Council review and place the 2018 Post Bond Issuance Report on file. Livability Benefits: Innovation & Process: Support local government best practices and processes. Summary: The City of Evanston adopted a Post-Issuance Procedures Manual in October 2012. This Manual outlines the procedures used in compliance with Internal Revenue Codes and applicable U.S. Treasury Regulations necessary to maintain the tax exemption of the interest on bonds issued by the City. Annual Review and Reports: Not less often than once per year, the Compliance Officer should conduct a review of records and other information described in these procedures to determine whether any or all of the bonds comply with the tax requirements applicable to such bonds. At the close of each bond issue City Staff review the transcripts of the bonds to ensure compliance with the Code and Regulations as noted above. No violations of the Internal Revenue Code or U.S. Treasury Regulations were discovered during the review of bond transcripts for the 2018A, 2018B, 2018C, and 2018D bonds as issued by the City and approved by the City Council. In the event of such a violation, the Chief Financial Officer of the City would take remedial actions described in the Regulations or the Tax Exempt Bonds Voluntary Closing Agreement Program described in Treasury Notice 2008-31 or any successor guidance. Memorandum 136 of 945 Below is a current listing of our outstanding Bonds as of the end of 2018: City of Evanston Outstanding General Obligation Debt Name of Issue Date of Issuance Final Maturity Date Balance as of December 31, 2018 Series 2010A 8/16/2010 12/1/2029 4,395,000 Series 2010B 8/16/2010 12/1/2019 1,135,000 Series 2011A 8/1/2011 12/1/2031 12,300,000 Series 2012A 7/26/2012 12/1/2032 9,355,000 Series 2013A 7/31/2013 12/1/2033 10,325,000 Series 2013B 10/30/2013 12/1/2025 10,885,000 Series 2014A 8/6/2014 12/1/2034 10,275,000 Series 2015A 11/10/2015 12/1/2035 11,680,000 Series 2015B 11/10/2015 12/1/2022 6,775,000 Series 2016A 9/28/2016 12/1/2036 12,680,000 Series 2016B 9/28/2016 12/1/2026 6,275,000 Series 2017A 10/16/2017 12/1/2037 13,530,000 Series 2017B 10/16/2017 12/1/2027 8,240,000 Series 2017C 10/16/2017 12/1/2035 5,000,000 Series 2018A 8/7/2018 12/1/2043 24,385,000 Series 2018B 8/7/2018 12/1/2035 16,545,000 Series 2018C 8/7/2018 12/1/2028 8,020,000 Series 2018D 8/7/2018 12/1/2038 3,570,000 175,370,000 The Post-Issuance Compliance Manual can be found on the City’s Transparency Web- Site at https://www.cityofevanston.org/government/transparency/budget-financial- reports. 137 of 945 For City Council meeting of December 10, 2018 Item A4 Business of the City by Motion: Chandler-Newberger HVAC Improvements Award For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Lara Biggs, Bureau Chief – Capital Planning / City Engineer Stefanie Levine, Senior Project Manager Shane Cary, Architect/Project Manager Subject: Chandler-Newberger Center HVAC Improvements Phase II (Bid No. 18-56) Date: December 10, 2018 Recommended Action: Staff recommends City Council authorize the City Manager to execute a contract for the Chandler-Newberger HVAC Improvements Phase II Project with Amber Mechanical Contractors, Inc., (11950 S. Central Ave., Alsip, Illinois) in the amount of $362,000.00. Funding Source: This project will be funded from the Capital Improvement Fund which has an available budget of $565,000 for this project. A further breakdown of funding is as follows: Project Account Available Budget Project Amount Chandler - HVAC/Electrical Impr (2017 G.O. Bonds) 415.40.4117.65515 – 617002 $27,000.00 $27,000.00 Chandler - HVAC/Electrical Impr (2018 G.O. Bonds) 415.40.4118.65515 - 617002 $8,000.00 $8,000.00 Chandler – Electrical Upgrades (2019 G.O. Bonds) 415.40.4119.65515 – 617002 $530,000.00 $327,000.00 Total $565,000.00 $362,000.00 Memorandum 138 of 945 Livability Benefits: Built Environment: Enhance public spaces, address indoor and outdoor air quality and light pollution Reduce Environmental Impact: Improve energy and water efficiency Background Information: Constructed in 1980, the Chandler-Newberger Community Center serves as an important recreation center for Evanston. The existing 12,000 square foot facility includes a gymnasium, racquetball court, multi-purpose activity room, locker rooms/restrooms and staff offices. Over the past five to ten years the facility’s HVAC and electrical systems have experienced increased maintenance needs and occasional failures resulting in emergency situations. On March 27, 2017, City Council approved an engineering services contract for Chandler-Newberger HVAC/Electrical Improvements with Clark Dietz. This work has been divided into two construction contracts. The first contract, which was completed last May, included replacement of the existing electrical service and distribution panels, upgrading the lighting in portions of the building and upgrading one of the HVAC rooftop units. The second contract, which is currently under consideration, includes the removal and replacement of three more of the rooftop units. This will improve energy efficiency and the performance of the building. This work is anticipated to begin in March 2019 with completion expected in May 2019. Analysis: On October 11, 2018 the City issued bid documents for the project and on November 13, 2018 the City received and publicly read three bids. Bid results were as follows: Contractor Address Bid Amber Mechanical Contractors, Inc. 11950 S. Central Ave. Alsip, IL 60803 $362,000.00 MG Mechanical Contracting, Inc. 1513 Lamb Road Woodstock, IL 60098 $443,000.00 R. J. Olmen Company 3200 W. Lake Ave. Glenview, IL 60026 $455,000.00 Amber Mechanical Contractors was the contractor hired for the first phase of the project and staff found their work to be satisfactory. Therefore, staff recommends award to Amber Mechanical Contractors, Inc. in the amount of $362,000.00. Amber Mechanical Contractors, Inc. has indicated that they will provide M/W/EBE sub- contractors for 30% of the work. Additionally, they have indicated that they are unable to comply with the LEP requirements but are willing to work with the City to achieve compliance. See attached M/W/EBE memorandum for additional information. 139 of 945 Legislative History: 03/27/2017, City Council approved a contract for engineering services with Clark Dietz Engineers Attachments: M/W/EBE Compliance Review Memo 140 of 945 Chandler-Newberger Center HVAC Improvements Phase II, Bid 18-56, M/W/EBE Memo 12.10.2018 To: David Stoneback, Public Works Agency Director Lara Biggs, Bureau Chief – Capital Planning/City Engineer Stefanie Levine, Senior Project Manager Shane Cary, Architect/Project Manager From: Tammi Nunez, Purchasing Manager Subject: Chandler-Newberger Center HVAC Improvements Phase II, Bid 18-56 Date: December 10, 2018 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard to the recommendation for the Chandler-Newberger Center HVAC Improvements Phase II, Bid 18-56, Amber Mechanical Contractors Inc’s, total base bid is $362,000.00, and they are found to be in compliance with the goal. They will receive credit for 100% M/W/EBE participation. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Hillco Distributing Company 1516 W. Adams Chicago, IL 60614 Accessories Supplies $18,100.00 5% X Dynamic Heating & Piping 4739 136th Street Crestwood, IL 60418 Air- Conditioning & Heating $90,500.00 25% X Total M/W/EBE $108,600.00 30% CC: Hitesh Desai, Chief Financial Officer Memorandum 141 of 945 For City Council meeting of December 10, 2018 Item A5 Business of the City by Motion: Sherman Avenue Improvements For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Lara Biggs, Bureau Chief – Capital Planning / City Engineer Stefanie Levine, Senior Project Manager Subject: Sherman Avenue Improvements (Bid No. 18-50) Construction Contract Award Date: December 10, 2018 Recommended Action: Staff recommends City Council authorize the City Manager to execute a contract award for the Sherman Avenue Improvements Project (Bid #18-50) with Landmark Contractors, Inc. (11916 W. Main Street, Huntley, Illinois 60142), in the amount of $825,071.84. Funding Source: Funding is available through the Washington National TIF in the amount of $900,000 (Account No. 415.40.4218.65515-418028). This improvement is being funded from projected savings in the Fountain Square construction project and through the use of additional available funds in the Washington National TIF fund. Livability Benefits: Built Environment: Enhance public spaces; Provide compact and complete streets and neighborhoods Education, Arts & Community: Preserve and reuse historic structures and sites Background Information: The 2016 original plan for Fountain Square improvements included proposed improvements on Sherman Avenue from Church Street to Davis Street, but this section was removed from the project during the project’s planning phase due to perceived budget limitations. Since then, the sidewalks on the east side of Sherman Avenue as well as the road surface have continued to deteriorate. Therefore, staff recommends that this portion of the project be implemented. Memorandum 142 of 945 On 8/13/2018, the City Council approved Change Order No. 3 to the Fountain Square engineering services contract with Christopher B. Burke Engineering to design and prepare bid documents for the Sherman Avenue Improvements project. The proposed improvements associated with this work include: 1. New curb and gutter on the east side of Sherman Avenue 2. Resurfacing the full width of Sherman Avenue 3. New concrete sidewalks with brick accent on the east side of Sherman Avenue 4. New davit arm light poles set on existing foundations utilizing existing conduit and wiring on both sides of Sherman Avenue 5. Refurbished Tallmadge poles with new replica LED luminaires on both sides of Sherman Avenue 6. Replacement of the 100 plus year old 6-inch diameter water main with a new 8- inch diameter water main within this block Analysis: On October 18, 2018, the City issued bid documents for the project and on November 13, 2018 the City received and publicly read four bids. Bid results were as follows: Contractor Address Base Bid Alternate 1 Total Bid Landmark Contractors, Inc. 11916 W. Main St. Huntley, IL $777,711.84 $47,360.00 $825,071.84 Chicagoland Paving Contractors 225 Tesler Rd. Lake Zurich, IL $779,900.00 $51,200.00 $831,100.00 Martam Construction, Inc. 1200 Gasket Dr. Elgin IL $882,374.80 $48,000.00 $930,374.80 JA Johnson Paving Co. 1025 E. Addison Court Arlington Heights, IL $897,798.00 $49,984.00 $947,782.00 Bid documents included one alternate item, replacement of existing induction Tallmadge luminaires with replica LED luminaires in the Fountain Square block. This alternate is recommended for award as it will allow for better control of lighting, reduction in light pollution and reduced energy consumption in this portion of the downtown. Landmark Contractors, Inc. is compliant with the City’s M/W/EBE goals and intends to comply with the City’s LEP requirements (see attached memo for more information). The City’s consultant has worked with Landmark previously and finds them qualified to perform this project. Staff therefore recommends that the base bid plus alternate bid 1 be awarded to Landmark Contractors, Inc. for a total amount of $825,071.84. This work is anticipated to begin in April 2019 with completion expected in June 2019. Legislative History: On August 13, 2018, City Council approved Amendment #3 to a contract with CBBEL to provide engineering services for this project. Attachments: Unit Price Bid Tabulation M/W/EBE Compliance Review Memo 143 of 945 BASE BID PAY ITEM NUMBER PAY ITEM NAME UNIT OF MEASURE TOTAL QUANTITY UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST 20200100 EARTH EXCAVATION CU YD 200 40.25$ 8,050.00$ 92.00$ 18,400.00$ 50.00$ 10,000.00$ 45.00$ 9,000.00$ 65.00$ 13,000.00$ 20201200 REMOVAL AND DISPOSAL OF UNSUITABLE MATERIAL CU YD 200 40.25$ 8,050.00$ 92.00$ 18,400.00$ 50.00$ 10,000.00$ 80.00$ 16,000.00$ 65.00$ 13,000.00$ 20800150 TRENCH BACKFILL CU YD 426 34.50$ 14,697.00$ 80.50$ 34,293.00$ 84.00$ 35,784.00$ 80.50$ 34,293.00$ 72.00$ 30,672.00$ 21301048 EXPLORATION TRENCH 48" DEPTH FOOT 64 57.50$ 3,680.00$ 80.00$ 5,120.00$ 74.00$ 4,736.00$ 70.95$ 4,540.80$ 60.00$ 3,840.00$ 28000510 INLET FILTERS EACH 15 143.75$ 2,156.25$ 160.00$ 2,400.00$ 200.00$ 3,000.00$ 200.00$ 3,000.00$ 150.00$ 2,250.00$ 40603085 HOT-MIX ASPHALT BINDER COURSE, IL-19.0, N70 TON 462 115.00$ 53,130.00$ 92.00$ 42,504.00$ 85.00$ 39,270.00$ 100.00$ 46,200.00$ 105.00$ 48,510.00$ 40603340 HOT-MIX ASPHALT SURFACE COURSE, MIX "D", N70 TON 277 103.50$ 28,669.50$ 118.00$ 32,686.00$ 100.00$ 27,700.00$ 125.00$ 34,625.00$ 115.00$ 31,855.00$ 40700100 BITUMINOUS MATERIALS (TACK COAT)POUND 2821 0.29$ 811.04$ 0.01$ 28.21$ 0.01$ 28.21$ 0.01$ 28.21$ 1.30$ 3,667.30$ 42400800 DETECTABLE WARNINGS SQ FT 25 40.25$ 1,006.25$ 25.00$ 625.00$ 51.00$ 1,275.00$ 47.50$ 1,187.50$ 54.00$ 1,350.00$ 44000100 PAVEMENT REMOVAL SQ YD 50 18.40$ 920.00$ 27.00$ 1,350.00$ 25.00$ 1,250.00$ 25.00$ 1,250.00$ 25.00$ 1,250.00$ 44000500 COMBINATION CURB AND GUTTER REMOVAL FOOT 526 4.89$ 2,570.83$ 16.60$ 8,731.60$ 7.50$ 3,945.00$ 10.00$ 5,260.00$ 10.00$ 5,260.00$ 44201333 CLASS C PATCHES, TYPE III, 8 INCH SQ YD 717 80.50$ 57,718.50$ 50.00$ 35,850.00$ 155.00$ 111,135.00$ 89.00$ 63,813.00$ 92.00$ 65,964.00$ 56100015 DUCTILE IRON WATER MAIN TEE, 8" X 6"EACH 3 575.00$ 1,725.00$ 567.00$ 1,701.00$ 600.00$ 1,800.00$ 567.00$ 1,701.00$ 460.00$ 1,380.00$ 56100600 WATER MAIN 6"FOOT 82 143.75$ 11,787.50$ 260.40$ 21,352.80$ 275.00$ 22,550.00$ 260.40$ 21,352.80$ 120.00$ 9,840.00$ 56100700 WATER MAIN 8"FOOT 479 172.50$ 82,627.50$ 95.10$ 45,552.90$ 99.00$ 47,421.00$ 95.10$ 45,552.90$ 121.00$ 57,959.00$ 56101150 DUCTILE IRON WATER MAIN REDUCER, 8" X 6"EACH 1 575.00$ 575.00$ 414.00$ 414.00$ 435.00$ 435.00$ 414.00$ 414.00$ 350.00$ 350.00$ 56104900 WATER VALVES 6"EACH 3 2,012.50$ 6,037.50$ 1,325.00$ 3,975.00$ 1,385.00$ 4,155.00$ 1,325.00$ 3,975.00$ 1,600.00$ 4,800.00$ 56105000 WATER VALVES 8"EACH 1 2,875.00$ 2,875.00$ 1,798.00$ 1,798.00$ 1,875.00$ 1,875.00$ 1,798.00$ 1,798.00$ 1,900.00$ 1,900.00$ 56400500 FIRE HYDRANTS TO BE REMOVED EACH 1 2,300.00$ 2,300.00$ 541.00$ 541.00$ 565.00$ 565.00$ 541.00$ 541.00$ 900.00$ 900.00$ 56400820 FIRE HYDRANT WITH AUXILIARY VALVE AND VALVE BOX EACH 2 11,500.00$ 23,000.00$ 4,529.00$ 9,058.00$ 4,725.00$ 9,450.00$ 4,529.00$ 9,058.00$ 5,600.00$ 11,200.00$ 56500600 DOMESTIC WATER SERVICE BOXES TO BE ADJUSTED EACH 1 230.00$ 230.00$ 145.00$ 145.00$ 155.00$ 155.00$ 145.00$ 145.00$ 350.00$ 350.00$ 60200105 CATCH BASINS, TYPE A, 4'-DIAMETER, TYPE 1 FRAME, OPEN LID EACH 1 3,450.00$ 3,450.00$ 3,824.00$ 3,824.00$ 4,000.00$ 4,000.00$ 3,824.00$ 3,824.00$ 4,200.00$ 4,200.00$ 60250400 CATCH BASINS TO BE ADJUSTED WITH NEW TYPE 1 FRAME, OPEN LID EACH 1 920.00$ 920.00$ 929.00$ 929.00$ 970.00$ 970.00$ 929.00$ 929.00$ 950.00$ 950.00$ 60250500 CATCH BASINS TO BE ADJUSTED WITH NEW TYPE 1 FRAME, CLOSED LID EACH 1 920.00$ 920.00$ 1,950.00$ 1,950.00$ 2,035.00$ 2,035.00$ 1,950.00$ 1,950.00$ 950.00$ 950.00$ 60265700 VALVE VAULTS TO BE ADJUSTED EACH 2 575.00$ 1,150.00$ 1,156.00$ 2,312.00$ 1,225.00$ 2,450.00$ 1,156.00$ 2,312.00$ 700.00$ 1,400.00$ 60266600 VALVE BOXES TO BE ADJUSTED EACH 2 460.00$ 920.00$ 931.00$ 1,862.00$ 975.00$ 1,950.00$ 931.00$ 1,862.00$ 300.00$ 600.00$ 61140100 STORM SEWERS (SPECIAL), 10"FOOT 30 115.00$ 3,450.00$ 105.10$ 3,153.00$ 110.00$ 3,300.00$ 105.10$ 3,153.00$ 215.00$ 6,450.00$ 66900200 NON-SPECIAL WASTE DISPOSAL CU YD 200 86.25$ 17,250.00$ 95.00$ 19,000.00$ 50.00$ 10,000.00$ 115.00$ 23,000.00$ 112.00$ 22,400.00$ 67100100 MOBILIZATION L SUM 1 9,200.00$ 9,200.00$ 48,000.00$ 48,000.00$ 35,000.00$ 35,000.00$ 53,500.00$ 53,500.00$ 60,000.00$ 60,000.00$ 70300210 TEMPORARY PAVEMENT MARKING LETTERS AND SYMBOLS SQ FT 82 1.73$ 141.45$ 1.35$ 110.70$ 1.65$ 135.30$ 1.35$ 110.70$ 2.00$ 164.00$ 70300220 TEMPORARY PAVEMENT MARKING - LINE 4"FOOT 1290 0.46$ 593.40$ 0.45$ 580.50$ 0.55$ 709.50$ 0.45$ 580.50$ 0.50$ 645.00$ 70300240 TEMPORARY PAVEMENT MARKING - LINE 6"FOOT 100 0.86$ 86.25$ 0.65$ 65.00$ 0.80$ 80.00$ 0.65$ 65.00$ 0.80$ 80.00$ 70300260 TEMPORARY PAVEMENT MARKING - LINE 12"FOOT 760 1.15$ 874.00$ 1.35$ 1,026.00$ 1.65$ 1,254.00$ 1.35$ 1,026.00$ 1.60$ 1,216.00$ 72000100 SIGN PANEL - TYPE 1 SQ FT 2 34.50$ 69.00$ 35.00$ 70.00$ 45.00$ 90.00$ 35.00$ 70.00$ 40.00$ 80.00$ 72400310 REMOVE SIGN PANEL - TYPE 1 SQ FT 2 57.50$ 115.00$ 30.00$ 60.00$ 40.00$ 80.00$ 30.00$ 60.00$ 40.00$ 80.00$ 72400710 RELOCATE SIGN PANEL - TYPE 1 SQ FT 21 57.50$ 1,207.50$ 75.00$ 1,575.00$ 90.00$ 1,890.00$ 75.00$ 1,575.00$ 90.00$ 1,890.00$ 72900200 METAL POST - TYPE B FOOT 1 5.75$ 5.75$ 20.00$ 20.00$ 25.00$ 25.00$ 20.00$ 20.00$ 30.00$ 30.00$ 78000100 THERMOPLASTIC PAVEMENT MARKING - LETTERS AND SYMBOLS SQ FT 82 5.18$ 424.35$ 5.00$ 410.00$ 5.55$ 455.10$ 5.00$ 410.00$ 6.00$ 492.00$ 78000200 THERMOPLASTIC PAVEMENT MARKING - LINE 4"FOOT 1290 1.15$ 1,483.50$ 1.87$ 2,412.30$ 2.10$ 2,709.00$ 1.87$ 2,412.30$ 2.20$ 2,838.00$ 78000400 THERMOPLASTIC PAVEMENT MARKING - LINE 6"FOOT 100 1.73$ 172.50$ 2.50$ 250.00$ 2.80$ 280.00$ 2.50$ 250.00$ 3.00$ 300.00$ 78000600 THERMOPLASTIC PAVEMENT MARKING - LINE 12"FOOT 760 2.30$ 1,748.00$ 5.00$ 3,800.00$ 5.55$ 4,218.00$ 5.00$ 3,800.00$ 6.00$ 4,560.00$ 81028730 UNDERGROUND CONDUIT, COILABLE NONMETALLIC CONDUIT, 1 1/4" DIA.FOOT 580 10.35$ 6,003.00$ 11.00$ 6,380.00$ 12.00$ 6,960.00$ 9.50$ 5,510.00$ 11.00$ 6,380.00$ 81702120 ELECTRIC CABLE IN CONDUIT, 600V (XLP-TYPE USE) 1/C NO. 8 FOOT 1740 1.44$ 2,501.25$ 1.40$ 2,436.00$ 1.50$ 2,610.00$ 1.25$ 2,175.00$ 1.50$ 2,610.00$ 84200500 REMOVAL OF LIGHTING UNIT, SALVAGE EACH 5 1,725.00$ 8,625.00$ 450.00$ 2,250.00$ 500.00$ 2,500.00$ 405.00$ 2,025.00$ 450.00$ 2,250.00$ X4240430 PORTLAND CEMENT CONCRETE SIDEWALK 5 INCH, SPECIAL SQ FT 5359 8.05$ 43,139.95$ 11.95$ 64,040.05$ 9.60$ 51,446.40$ 13.50$ 72,346.50$ 12.00$ 64,308.00$ X4401198 HOT-MIX ASPHALT SURFACE REMOVAL, VARIABLE DEPTH SQ YD 3295 4.60$ 15,157.00$ 4.95$ 16,310.25$ 6.00$ 19,770.00$ 9.50$ 31,302.50$ 8.50$ 28,007.50$ X5630706 CONNECTION TO EXISTING WATER MAIN 6"EACH 1 6,037.50$ 6,037.50$ 5,005.00$ 5,005.00$ 5,225.00$ 5,225.00$ 5,005.00$ 5,005.00$ 2,800.00$ 2,800.00$ X5630708 CONNECTION TO EXISTING WATER MAIN 8"EACH 1 6,900.00$ 6,900.00$ 11,730.50$ 11,730.50$ 12,250.00$ 12,250.00$ 11,730.50$ 11,730.50$ 3,200.00$ 3,200.00$ X7010216 TRAFFIC CONTROL AND PROTECTION, (SPECIAL)L SUM 1 23,000.00$ 23,000.00$ 45,000.00$ 45,000.00$ 30,582.49$ 30,582.49$ 140,361.79$ 140,361.79$ 52,000.00$ 52,000.00$ X7030005 TEMPORARY PAVEMENT MARKING REMOVAL SQ FT 1250 1.73$ 2,156.25$ 1.50$ 1,875.00$ 1.80$ 2,250.00$ 1.50$ 1,875.00$ 1.80$ 2,250.00$ XX003313 REMOVE AND REINSTALL BRICK PAVER SQ FT 124 17.25$ 2,139.00$ 29.00$ 3,596.00$ 30.00$ 3,720.00$ 14.00$ 1,736.00$ 28.00$ 3,472.00$ XX004688 BRICK PAVER SIDEWALK SQ FT 814 28.75$ 23,402.50$ 30.00$ 24,420.00$ 25.00$ 20,350.00$ 16.00$ 13,024.00$ 28.00$ 22,792.00$ XX008910 PAVEMENT MARKING (SPECIAL)SQ FT 375 11.50$ 4,312.50$ 12.50$ 4,687.50$ 13.90$ 5,212.50$ 12.50$ 4,687.50$ 15.00$ 5,625.00$ XX009048 CURB AND GUTTER (SPECIAL)FOOT 526 34.50$ 18,147.00$ 38.58$ 20,293.08$ 31.00$ 16,306.00$ 40.00$ 21,040.00$ 36.00$ 18,936.00$ Z0013798 CONSTRUCTION LAYOUT L SUM 1 8,050.00$ 8,050.00$ 2,500.00$ 2,500.00$ 10,000.00$ 10,000.00$ 5,000.00$ 5,000.00$ 12,000.00$ 12,000.00$ PARKING METERS TO BE REMOVED EACH 21 57.50$ 1,207.50$ 58.90$ 1,236.90$ 100.00$ 2,100.00$ 100.00$ 2,100.00$ 300.00$ 6,300.00$ REMOVE EXISTING SIGN POST EACH 1 172.50$ 172.50$ 500.00$ 500.00$ 250.00$ 250.00$ 100.00$ 100.00$ 150.00$ 150.00$ BIKE RACK EACH 4 460.00$ 1,840.00$ 200.00$ 800.00$ 250.00$ 1,000.00$ 650.00$ 2,600.00$ 400.00$ 1,600.00$ BRICK PAVER REMOVAL SQ FT 6860 4.03$ 27,611.50$ 3.75$ 25,725.00$ 1.50$ 10,290.00$ 2.00$ 13,720.00$ 4.00$ 27,440.00$ FURNISH AND INSTALL TALLMADGE LIGHT STANDARD AND LED LUMINAIRE EACH 1 11,500.00$ 11,500.00$ 28,000.00$ 28,000.00$ 30,000.00$ 30,000.00$ 25,600.00$ 25,600.00$ 27,000.00$ 27,000.00$ LITTER AND RECYCLING RECEPTACLES EACH 2 2,070.00$ 4,140.00$ 1,151.22$ 2,302.44$ 1,350.00$ 2,700.00$ 1,250.00$ 2,500.00$ 1,400.00$ 2,800.00$ NEW FRAMES EACH 7 1,380.00$ 9,660.00$ 1,469.40$ 10,285.80$ 500.00$ 3,500.00$ 875.00$ 6,125.00$ 600.00$ 4,200.00$ NEW TREE GRATES AND FRAMES EACH 2 2,300.00$ 4,600.00$ 3,129.41$ 6,258.82$ 2,500.00$ 5,000.00$ 2,350.00$ 4,700.00$ 3,800.00$ 7,600.00$ REMOVE, REFURBISH AND REINSTALL EXISTING TALLMADGE LIGHTING UNITS EACH 6 5,750.00$ 34,500.00$ 4,900.00$ 29,400.00$ 5,250.00$ 31,500.00$ 4,500.00$ 27,000.00$ 5,000.00$ 30,000.00$ ROADWAY TYPE LIGHTING UNITS, COMPLETE IN PLACE EACH 5 13,225.00$ 66,125.00$ 10,800.00$ 54,000.00$ 11,500.00$ 57,500.00$ 9,900.00$ 49,500.00$ 11,000.00$ 55,000.00$ TEMPORARY ELECTRICAL CONNECTIONS LSUM 1 14,375.00$ 14,375.00$ 3,500.00$ 3,500.00$ 4,000.00$ 4,000.00$ 3,200.00$ 3,200.00$ 3,500.00$ 3,500.00$ TREE GRATE RECEPTACLES, COMPLETE IN PLACE EACH 9 1,552.50$ 13,972.50$ 835.00$ 7,515.00$ 900.00$ 8,100.00$ 760.00$ 6,840.00$ 850.00$ 7,650.00$ VAULTED SIDEWALK CONCRETE/PAVERS (SPECIAL)SQ FT 1183 34.50$ 40,813.50$ 18.03$ 21,329.49$ 22.50$ 26,617.50$ 26.50$ 31,349.50$ 54.00$ 63,882.00$ BASE TOTAL 756,886.01$ 777,711.84$ 779,900.00$ 897,798.00$ 882,374.80$ JA JOHNSON PAVING CO.MARTAM CONSTRUCTION INC. APPARENT WINNER SUMMARY OF QUANTITIES ENGINEER'S ESTIMATE LANDMARK CONTRACTORS, INC.CHICAGOLAND PAVING CONTRACTORS 144 of 945 ALTERNATE 1 - ADDITIONAL COST FOR LED UPGRADE FOR FOUNTAIN SQUARE PAY ITEM NUMBER PAY ITEM NAME UNIT OF MEASURE TOTAL QUANTITY UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST REPLACE EXISTING INDUCTION TALLMADGE LUMINAIRE WITH REPLICA LED LUMINAIRE EACH 16 3,105.00$ 49,680.00$ 2,960.00$ 47,360.00$ 3,200.00$ 51,200.00$ 3,124.00$ 49,984.00$ 3,000.00$ 48,000.00$ ALT TOTAL 49,680.00$ 47,360.00$ 51,200.00$ 49,984.00$ 48,000.00$ BASE TOTAL 756,886.01$ 777,711.84$ 779,900.00$ 897,798.00$ 882,374.80$ ALT TOTAL 49,680.00$ 47,360.00$ 51,200.00$ 49,984.00$ 48,000.00$ ADDENDUM NO. 2 - QTY CHANGE FROM 4 TO 5.GRAND TOTAL 806,566.01$ 825,071.84$ 831,100.00$ 947,782.00$ 930,374.80$ Corrected - Grand Total was not affected. JA JOHNSON MARTAM JA JOHNSON MARTAM SUMMARY OF QUANTITIES ENGINEER'S ESTIMATE LANDMARK CHICAGOLAND SUMMARY OF QUANTITIES ENGINEER'S ESTIMATE LANDMARK CHICAGOLAND 145 of 945 Sherman Avenue Improvements, Bid 18-50, M/W/EBE Memo 12.10.2018 To: David Stoneback, Public Works Agency Director Lara Biggs, Bureau Chief – Capital Planning/City Engineer Stefanie Levine, Senior Project Manager From: Tammi Nunez, Purchasing Manager Subject: Sherman Avenue Improvements, Bid 18-50 Date: December 10, 2018 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard to the recommendation for the Sherman Avenue Improvements, Bid 18-50, Landmark Contractors, total base bid is $825,071.84, and they are found to be in compliance with the goal. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Ozinga Ready Mix Concrete 2525 Oakton Street Evanston, IL 60201 Concrete $21,500.00 2.6% X Work Zone Safety Inc. 17051 Gaylord Road Crest Hill, IL 60403 Traffic Control Devices $13,657.20 1.6% X Ever Lights Inc. 1900 Greenwood, #8 Evanston, IL 60201 Electrical Apparatus $45,000.00 5.5% X Archon Construction Co. 563 South Route 53 Addison, IL 60101 Utility Installation $152,956.00 18.5% X Total M/W/EBE $233,113.20 28.2% CC: Hitesh Desai, Chief Financial Officer Memorandum 146 of 945 Page 1 of 2 For City Council meeting of December 10, 2018 Item A6 Business of the City by Motion: AFSCME Uniform Contract For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Edgar Cano, Public Service Bureau Chief Leslie J. Perez, Administrative Lead Subject: Contract Award for AFSCME Uniforms (2019 – 2021) Date: November 29, 2018 Recommended Action: Staff recommends the City Council authorize the City Manager to execute a purchase order in response to Bid #18-58 to award the 2019-21 AFSCME Uniform Contract to Silk Screen Express, Inc. (7611 W. 185th Street, Tinley Park, IL 60477) for a term of three years with a not to exceed amount of $187,500.00. Funding Source: Funding for this purchase is from the Public Works Agency- Clothing Fund in the amount of $62,500.00. The specific account and unencumbered account balances are shown in the table below. Fund Account FY 2019 Budget Purchase Amount Remaining Balance General 100.40.4105.65020 $62,500.00 $62,500.00 $0 Livability Benefits: Economy & Jobs: Support Green Jobs and Businesses Equity & Empowerment: Ensure Equitable Access to Community Assets Summary: The AFSCME Union Contract requires the City of Evanston to supply a variety of clothing items for field union employees in operating departments. Uniforms are provided to each field employee based on the parameters in the contract. The current union contract allots $340.00 for full-time AFSCME employees and $240.00 for permanent part-time AFSCME employees. Additional items above the cost allotment are paid for by the employee through payroll deduction. Memorandum 147 of 945 Page 2 of 2 The contract was bid in November 2018 and sent to several potential bidders. It was also advertised in Evanston Review, the City’s website and on Demand Star. The bids were opened on November 27, 2018. The sole bid was submitted by Silk Screen Express Inc. The bid results are correct and in order. A copy of the bid tabulation is listed below for review. CONTRACTOR BID PRICE Aramark Uniform Services $75,220.00 The bid quotes requested are solely for the purpose of generating a unit cost of each article of clothing and does not constitute an actual per year contract amount agreement between the City of Evanston and Silk Screen Express, Inc. The actual quantities purchased on an annual basis are determined by the contract between the City of Evanston and AFSCME union employees; and by the yearly adopted City of Evanston budget. Based on the current AFSCME contract, the City of Evanston has budgeted $62,500.00 for FY2019. Amounts for 2020-21 will reflect the agreed upon budget set in the contract in those years. The lowest, responsive and responsible bidder is Silk Screen Express, Inc. The purchase of this type of commodity does not have any opportunity for sub-contracting. Silk Screen Express Inc. has worked with other local state agency before on similar projects and completed work on time and within budget. We have verified the references with the Office of Emergency Management (OEMC), Illinois Tollway and the County of DuPage. Staff therefore recommends Silk Screen Express Inc. as the City AFSCME uniform provider for the next three years in a not to exceed amount of $187,500.00. Attachments M/W/EBE Subcontracting Waiver 148 of 945 Contract Award for AFSCME Uniforms, Bid 18-58 M/W/EBE Waiver 12.10.2018 To: David Stoneback, Public Works Agency Director Edgar Cano, Public Service Bureau Chief Leslie J. Perez, Administrative Lead From: Tammi Nunez, Purchasing Manager Subject: Contract Award for AFSCME Uniforms, Bid 18-58 Date: December 10, 2018 The goal of the Minority, Women, and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City has established a 25% M/W/EBE subcontracting participation goal for general contractors. However, Bid 18-58, the contract award for AFSCME Uniforms precludes subcontracting opportunities. Therefore, a waiver is granted. cc: Hitesh Desai, Chief Financial Officer Memorandum 149 of 945 For City Council meeting of December 10, 2018 Item A7 Business of the City by Motion: Fire Suppression System at the Service Center (Data Center) For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Erika Storlie, Deputy City Manager/Director of Administrative Services Sean Ciolek, Division Manager of Facilities and Fleet Pedro Ulloa Jr, Facilities Supervisor Lara Biggs, Bureau Chief – Capital Planning/City Engineer Subject: Fire Suppression System at Service Center (Data Center) Date: November 19, 2018 Recommended Action: Staff recommends City Council authorize the City Manager to execute an agreement for the emergency purchase of equipment and services to install a Kidde-Fenwal Novec 1230 Clean Agent Fire Suppression System at 2020 Asbury Service Center -Data Room with Phoenix Fire Systems (744 Nebraska Street, Frankfort, IL 60423) in the amount of $ 34,945.00. Funding Source: This project will be funded from the Capital Improvement Fund 2018 General Obligation Bonds (Account No. 415.40.4118.65515 - 618033). This will use funding set aside for Facilities Contingency, which was budgeted at $275,000 in FY 2018 and has $120,039 remaining. Livability Benefit: Health & Safety: Improves emergency prevention and response by protecting vital data equipment used for city operations. Summary: Fire can have a devastating impact on electrical and data equipment due to damage caused by smoke, heat, and flames. It has been discovered that in its current state, the City's primary Data Center located in the Service Center at 2020 Asbury does not have any fire suppression system in place. An adequate system would use gas to starve a fire of oxygen by interrupting the combustion process therefore leaving computer systems in a safe operating condition rather than risk potential damage from either water-based or foam-based suppression systems. Memorandum 150 of 945 The Service Center Data Center houses the City's most critical IT assets which include routers, firewalls, core switches, servers, storage, and virtual desktop infrastructure. A fire event in this space would have a significant impact on the City's ability to perform its duties as access to files, applications, phones, 311 and 911 operations, wireless networking, and internet access could all go offline. Disaster recovery procedures could take an inordinate amount of time to restore services relative to the gravity of a potential fire event. Due to the critical nature of the services provided to City operations by the Data Center it is imperative that an adequate fire suppression/ fire detection system be installed at the location as part of improving accessibility to City IT assets in the case of an emergency. For this reason, it is recommended that an adequate system be installed as an emergency purchase to expedite the process. In the case of an event, the system design recommended here will incorporate the discharge of the Novac 1230 clean agent throughout the protected space. The Fire Suppression System would be activated through cross zoning of addressable smoke detectors. Once discharged the suppression of fire is extinguished within 10 seconds with minor to no damage to vital equipment. This type of system has been designed in accordance with National Fire Protection Association (N.F.P.A.) Standard. In order to make sure that the Data Center is protected against fire with a dry system as soon as possible, staff reached out to 3 vendors to expedite the process as an emergency purchase. The first vendor, U.S. Fire Protection, was non-responsive. The second vendor, Johnson Controls Fire Protection LP, submitted a quote of $42,418.00. The low bidder, Phoenix Fire Systems, Inc. whose quote came in at $ 34,945.00, has performed work in the past for the City at Police Headquarters Data Room Fire Suppression System and have been found to be responsive and reliable. Attachments: Phoenix Fire System, Inc. Proposal 151 of 945 152 of 945 153 of 945 For City Council Meeting of December 10, 2018 Item A8 Business of the City by Motion: Sole Source Purchase of Dell Equipment for Data Center Infrastructure Upgrade For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Erika Storlie, Assistant City Manager/Administrative Services Director Luke Stowe, Chief Information Officer Dmitry Shub, IT Network Infrastructure & Security Manager Subject: Sole Source Purchase of Dell Equipment Date: December 4, 2018 Recommended Action: Staff recommends City Council authorize the sole source purchase of three Dell PowerEdge servers, two EMC storage area network appliances, and additional related equipment from Dell Technologies (1 Dell Way, Round Rock, TX, 78682) in the amount of $141,173.44. This purchase enables IT to replace failing infrastructure in the city’s data center that support critical City services. Funding Source: Funding is provided by Capital Improvement Fund in the amount of $50,000 in 2018 General Obligation Bonds and $91,173 from the 2019 Capital Improvement Fund using funding approved in the FY 2019 Adopted Budget. A detailed breakdown of funding follows. Project Account Available Budget Project Amount Cybersecurity Study funds 415.40.4118.65515 – 119003 $50,000 $50,000.00 IT Server Replacement (using 2019 CIP Funds approved by City Council in the FY 2019 adopted budget) 415.40.4219.65515 – 119003 $120,000.00 $91,173.00 Total $170,000.00 $141,173.00 Livability Benefits: Innovation and Process: Support local government best practices and processes. Memorandum 154 of 945 Summary: The city’s virtual desktop and virtualized server environments has continued to expand over the past few years. The city’s data center infrastructure now supports over 440 virtual desktops and approximately 150 virtualized servers as the city has largely moved away from physical PC’s and servers to save money and increase efficiencies. Over 90% of the city’s servers are now virtualized. The virtual environment has allowed IT to dedicate fewer staff to desktop support needs, virtual desktops offer lower cybersecurity risks than traditional desktops, and virtual desktops allow staff 24/7/365 remote access to critical files and applications. As a result of the growth, much of our infrastructure is now past end of life and is struggling to meet user demands. Performance for our employees has declined in the past year as new applications, users and devices have come online. It has been a few years since substantial investments were made in the city’s virtual infrastructure. This major upgrade will make a substantial improvement for employees, productivity, and provides infrastructure needed for the new Robert Crown Center technology needs. These enhancements also help support the city’s 300 indoor and outdoor cameras and associated video archives. New cameras are added each month which creates additional infrastructure needs. These upgrades were originally slated for 2017 but were delayed until 2018 due to budget constraints. They can no longer be safely delayed without impacting services and operations. Attachments: 1. Three Quotes from Dell Technologies 155 of 945 BBBBBB 1 Rough Order of Magnitude (ROM) Configuration for EVANSTON, ILLINOIS Dell Marketing, LP P.O. Box 149257 ROM Configuration #:DLA149906E Austin, TEXAS 78714 Prepared By:DELL DELL SFDC Deal Id:15476375 Type:System Bill To: EVANSTON, ILLINOIS 2100 Ridge Ave Evanston, IL 60201 Description Model Number Dell SKU Quantity Years of 1 Yr Base List Price SubtotalSupport Unit Price Hardware & Drives 10Gb iSCSI, SC5020, Mezz Card, SFP+, 4-port, Qty 2 CT-SC5020-4PORT-SFP-W 1 SC5020 Storage Array CT-SC5020-BASE 1 SC5020, 1.92TB, SAS, 12Gb, RI SSD, 2.5"DS-SAS-25-1.92TBXSSD-RI-W 12 SC5020 Drive Blank DS-SAS-25-BLANK-W 18 IO, 10Gb iSCSI, 2port,PCI-E,SFP+ w/o optics, Full height, QTY2 IO-I10X2P-C-FH-W 1 SC5020, Power Supply, C14-C15, Qty2 PA-C14-1485W-W 1 C13 to C14, PDU Style, 10 AMP, 6.5 Feet (2m), Power Cord, Qty2 PA-PC-2M-W 1 SC5020 Bezel PA-SC5020-BEZEL 1 Software Storage Center SW Bundle, Base License Includes: Dynamic Capacity, Dual Controller, Dell Storage Manager: Foundations & Reporter, MPIO, Compression, Local Data Protection SW-CORE-BASE-W 1 Storage Center Drive Certificate (one Certificate per drive)SW-SC-DRIVELICENSE-W 12 Professional Services ProDeploy Dell Storage SC Series 5XXX SAN PS-SC5XXX-PD 1 Description Model Number Dell SKU Quantity Years of 1 Yr Base Amount SubtotalSupport Unit Price Support (CML-HWMTC) 156 of 945 BBBBBB 2 CT-SC5020-BASE-MTCHPSP4HR : ProSupport Plus, 24x7, 4HR, Dell Storage SC5020 CT-SC5020-BASE-MTCHPSP4HR 1 3 Totals Hardware Total $110,770.00) Power (Watts):1,485.00 VA Software Total $0.00) Heat (BTUs):5,067.00 Support Total $17,911.00) Rack Units:3 Professional Services Total $3,838.00) Weight (Lbs):33 Subtotal $132,519.00) SSD (Raw TB):23.04 Discount ($90,112.92) SAS (Raw TB):0 Freight $178.00) Total (Raw TB):23.04 *Grand Total $42,584.08) ProSupport Plus 24x7 w/ Priority On-Site (4 hour) *Plus applicable taxes ***Copilot Support Term: 3 year (36 months) ****The pricing is displayed in the US Dollar currency. ********************************************************************************************************************************************************************** Dell's global customer pricing rates (GCP rates) are Dell's trade secrets and constitute confidential and proprietary information. This information is made available to customers on a confidential basis and may not be disclosed to any other party other than the party to which it is disclosed. Further, this information may not be disclosed to any person who does not require such information to carry out the specific purpose of this disclosure. GCP rates may be used by Dell to convert U.S. Dollar prices to local currency prices but do not necessarily represent an offer to make an exchange. Due to the dynamic nature of foreign exchange markets, Dell may at any time change the instruments, currencies or process for these rates. In particular emerging market currencies, such as the Mexican Peso and South African Rand, are more likely to be adjusted due to their inherent volatile nature. ********************************************************************************************************************************************************************** 157 of 945 BBBBBB 1 Rough Order of Magnitude (ROM) Configuration for EVANSTON, ILLINOIS Dell Marketing, LP P.O. Box 149257 ROM Configuration #:DLA154017A Austin, TEXAS 78714 Prepared By:DELL DELL SFDC Deal Id:15476375 Type:System Bill To: EVANSTON, ILLINOIS 2100 Ridge Ave Evanston, IL 60201 Description Model Number Dell SKU Quantity Years of 1 Yr Base List Price SubtotalSupport Unit Price Hardware & Drives 10Gb iSCSI, SC5020, Mezz Card, SFP+, 4-port, Qty 2 CT-SC5020-4PORT-SFP-W 1 SC5020 Storage Array CT-SC5020-BASE 1 SC5020, 1.92TB, SAS, 12Gb, RI SSD, 2.5"DS-SAS-25-1.92TBXSSD-RI-W 12 SC5020 Drive Blank DS-SAS-25-BLANK-W 18 IO, 10Gb iSCSI, 2port,PCI-E,SFP+ w/o optics, Full height, QTY2 IO-I10X2P-C-FH-W 1 SC5020, Power Supply, C14-C15, Qty2 PA-C14-1485W-W 1 C13 to C14, PDU Style, 10 AMP, 6.5 Feet (2m), Power Cord, Qty2 PA-PC-2M-W 1 SC5020 Bezel PA-SC5020-BEZEL 1 Software Storage Center SW Bundle, Base License Includes: Dynamic Capacity, Dual Controller, Dell Storage Manager: Foundations & Reporter, MPIO, Compression, Local Data Protection SW-CORE-BASE-W 1 Storage Center Drive Certificate (one Certificate per drive)SW-SC-DRIVELICENSE-W 12 Professional Services ProDeploy Plus Dell Storage SC Series 5XXX SAN PS-SC5XXX-PDP 1 Description Model Number Dell SKU Quantity Years of 1 Yr Base Amount SubtotalSupport Unit Price Support (CML-HWMTC) 158 of 945 BBBBBB 2 CT-SC5020-BASE-MTCHPSP4HR : ProSupport Plus, 24x7, 4HR, Dell Storage SC5020 CT-SC5020-BASE-MTCHPSP4HR 1 3 Totals Hardware Total $110,770.00) Power (Watts):1,485.00 VA Software Total $0.00) Heat (BTUs):5,067.00 Support Total $17,911.00) Rack Units:3 Professional Services Total $7,292.00) Weight (Lbs):33 Subtotal $135,973.00) SSD (Raw TB):23.04 Discount ($92,461.64) SAS (Raw TB):0 Freight $178.00) Total (Raw TB):23.04 *Grand Total $43,689.36) ProSupport Plus 24x7 w/ Priority On-Site (4 hour) *Plus applicable taxes ***Copilot Support Term: 3 year (36 months) ****The pricing is displayed in the US Dollar currency. ********************************************************************************************************************************************************************** Dell's global customer pricing rates (GCP rates) are Dell's trade secrets and constitute confidential and proprietary information. This information is made available to customers on a confidential basis and may not be disclosed to any other party other than the party to which it is disclosed. Further, this information may not be disclosed to any person who does not require such information to carry out the specific purpose of this disclosure. GCP rates may be used by Dell to convert U.S. Dollar prices to local currency prices but do not necessarily represent an offer to make an exchange. Due to the dynamic nature of foreign exchange markets, Dell may at any time change the instruments, currencies or process for these rates. In particular emerging market currencies, such as the Mexican Peso and South African Rand, are more likely to be adjusted due to their inherent volatile nature. ********************************************************************************************************************************************************************** 159 of 945 Sales rep: Brian Erenrich | 3000031088611.2 Page 1 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. A quote for your consideration! Total: $54,900.00 Based on your business needs, we put the following quote together to help with your purchase decision. Please review your quote details below, then contact your sales rep when you're ready to place your order. Quote number: 3000031088611.2 Quote date: Nov. 30, 2018 Quote expiration: Dec. 30, 2018 Solution ID: 10358812 Deal ID: 15232752 Company name: CITY OF EVANSTON Customer number: 4715079 Phone: (847) 866-2933 Sales rep information: Brian Erenrich Brian_Erenrich@Dell.com (800) 456-3355 Ext: 5130636 Billing Information: CITY OF EVANSTON 2100 RIDGE AVE 2100 RIDGE AVE EVANSTON IL 60201-2798 US (847) 866-2933 Pricing Summary Item Qty Unit Price Subtotal PowerEdge R740 - 3 year 3 $18,300.00 $54,900.00 Subtotal: Shipping: Environmental Fees: Non-Taxable Amount: Taxable Amount: Estimated Tax: Total: $54,900.00 $0.00 $0.00 $54,900.00 $0.00 $0.00 $54,900.00 Special lease pricing may be available for qualified customers. Please contact your DFS Sales Representative for details. 160 of 945 Sales rep: Brian Erenrich | 3000031088611.2 Page 2 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Dear Customer, Your Quote is detailed below; please review the quote for product and information accuracy. If you find errors or desire certain changes please contact me as soon as possible. Regards, Brian Erenrich Order this quote easily online through your Premier page, or if you do not have Premier, using Quote to Order Group 1 - Group 1 Shipping Contact: ACCOUNTS PAYABLE Shipping phone: (847) 328-2100 Shipping via: Standard Delivery Shipping Address: 2100 RIDGE AVE 4TH FL EVANSTON IL 60201-2716 US SKU Description Qty Unit Price Subtotal PowerEdge R740 - 3 year Estimated delivery date: Dec. 20, 2018 Contract No: 99AGZ Customer Agreement No: MHEC-07012015 3 $18,300.00 $54,900.00 210-AKXJ PowerEdge R740 Server 3 -- 329-BDKH PowerEdge R740/R740XD Motherboard 3 -- 461-AADZ No Trusted Platform Module 3 -- 321-BCSN Chassis with up to 16 x 2.5" SAS/SATA Hard Drives for 2CPU Configuration 3 -- 340-BLKS PowerEdge R740 Shipping 3 -- 343-BBFU PowerEdge R740 Shipping Material 3 -- 338-BLMQ Intel Xeon Gold 6154 3.0G, 18C/36T, 10.4GT/s , 25M Cache, Turbo, HT (200W) DDR4-2666 3 -- 374-BBOL Intel Xeon Gold 6154 3.0G, 18C/36T, 10.4GT/s , 25M Cache, Turbo, HT (200W) DDR4-2666 3 -- 412-AAIR Standard 2U Heatsink 3 -- 412-AAIR Standard 2U Heatsink 3 -- 370-ADNU 2666MT/s RDIMMs 3 -- 370-AAIP Performance Optimized 3 -- 161 of 945 Sales rep: Brian Erenrich | 3000031088611.2 Page 3 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. 780-BCDS Unconfigured RAID 3 -- 405-AANP PERC H330 RAID Controller, Adapter, Low Profile 3 -- 403-BBPT BOSS controller card + with 2 M.2 Sticks 240G (RAID 1),FH 3 -- 619-ABVR No Operating System 3 -- 421-5736 No Media Required 3 -- 379-BCQY iDRAC Group Manager, Disabled 3 -- 379-BCSG iDRAC,Legacy Password 3 -- 330-BBHE Riser Config 3, 2 x8, 3 x16 slots 3 -- 555-BDXY QLogic FastLinQ 41164 Quad Port 10GbE SFP+, rNDC 3 -- 385-BBLE IDSDM and Combo Card Reader 3 -- 429-ABBU DVD ROM, SATA, Internal 3 -- 384-BBPY 6 Standard Fans for R740/740XD 3 -- 450-ADWM Dual, Hot-plug, Redundant Power Supply (1+1), 1100W 3 -- 325-BCHU PowerEdge 2U Standard Bezel 3 -- 350-BBKG Dell EMC Luggage Tag 3 -- 350-BBJV No Quick Sync 3 -- 750-AABF Power Saving Dell Active Power Controller 3 -- 770-BBBE ReadyRails Static Rails for 2/4-post Racks 3 -- 631-AACK No Systems Documentation, No OpenManage DVD Kit 3 -- 332-1286 US Order 3 -- 813-9119 Dell Hardware Limited Warranty Plus On-Site Service 3 -- 813-9123 ProSupport Mission Critical: 4-Hour 7x24 On-Site Service with Emergency Dispatch, 3 Years 3 -- 813-9129 ProSupport Mission Critical: 7x24 HW / SW Technical Support and Assistance, 3 Years 3 -- 989-3439 Thank you choosing Dell ProSupport. For tech support, visit //www.dell.com/support or call 1-800- 945-3355 3 -- 900-9997 On-Site Installation Declined 3 -- 973-2426 Declined Remote Consulting Service 3 -- 370-ADNF 32GB RDIMM 2666MT/s Dual Rank 48 -- 162 of 945 Sales rep: Brian Erenrich | 3000031088611.2 Page 4 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. 400-ASWV 200GB SSD SATA Mix Use 6Gbps 512n 2.5in Hot-plug Drive, Hawk-M4E,3 DWPD,1095 TBW 6 -- 385-BBKT iDRAC9,Enterprise 3 -- 528-BBWT OME Server Configuration Management 3 -- 540-BBYK QLogic FastLinQ 41112 Dual Port 10Gb SFP+ Adapter, Full Height 3 -- 450-AALV NEMA 5-15P to C13 Wall Plug, 125 Volt, 15 AMP, 10 Feet (3m), Power Cord, North America 6 -- Subtotal: Shipping: Environmental Fees: Estimated Tax: Total: $54,900.00 $0.00 $0.00 $0.00 $54,900.00 163 of 945 Sales rep: Brian Erenrich | 3000031088611.2 Page 5 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Unless you have a separate written agreement that specifically applies to this order, your order is subject to Dell's Terms of Sale (for consumers the terms include a binding arbitration provision). Please see the legal disclaimers below for further information. Important Notes Terms of Sale Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by the following agreements, each of which are incorporated herein by reference and available in hardcopy from Dell at your request: Dell's Terms of Sale (www.dell.com/learn/us/en/uscorp1/terms-of-sale), which include a binding consumer arbitration provision and incorporate Dell's U.S. Return Policy (www.dell.com/returnpolicy) and Warranty (for Consumer warranties ; for Commercial warranties). 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Dell encourages customers to dispose of electronic equipment properly. 164 of 945 For City Council meeting of December 10, 2018 Item A9 Business of the City by Motion: 2019-2021 Renewal of BAS Agreement with Schneider Electric For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Erika Storlie, Deputy City Manager/Director of Administrative Services Sean Ciolek, Division Manager of Facilities Management Subject: 2019-2021 Renewal of Building Automation Service Agreement for HVAC Systems with Schneider Electric Date: November 28, 2018 Recommended Action: Staff recommends City Council authorize the City Manager to execute a three-year, single source service agreement for the Building Automation System (BAS) with Schneider Electric (17475 Palmer Blvd., Homewood, IL 60430) in the amount of $36,167.00 for FYI 2019, $37,005.00 for FYI 2020 and $37,869.00 for FYI 2021 to cover hardware/software and service visits for HVAC systems in 16 City buildings and properties. Initially in 2019 this is about a 27% increase from 2018 due to the addition of coverage for 8 more locations. In following years 2020 and 2021 this is less than a 3% increase each year. The City facilities included in this service agreement are as follows: Dempster Street Beach House Levy Senior Center Chandler-Newberger Center Municipal Service Center Lorraine H. Morton Civic Center Animal Shelter Fleetwood-Jourdain Center Ecology Center Fire Station #1 Fountain Square Fire Station #2 721 Howard Fire Station #3 Robert Crown Center Fire Station #4 Fire Station #5 Funding Source: Facilities Account (100.19.1950.62509) Memorandum 165 of 945 Livability Benefit: Health & Safety: Improve emergency prevention and response. Built Environment: Enhance public spaces. Summary: The City of Evanston currently has the existing Andover (Schneider) BAS in place for 16 facilities. The Andover (Schneider) BAS is a proprietary system and requires an annual service and maintenance agreement to ensure that the system is functioning properly and receiving the necessary upgrades that are required. Schneider is also familiar with our systems and buildings. The BAS allows Facilities Management staff to view operation of the HVAC systems at each of these locations from remote locations 24 hours a day. This is a critical function that allows staff to respond to alarms that warn of issues occurring with the HVAC systems. This can be done remotely so that on-call staff can assess the urgency of the situation and determine whether the problem needs to be resolved in the field or can be adjusted remotely without visiting the facility. These systems save time, energy and increase the efficiency of the equipment. Staff is requesting approval for multi-year service and maintenance agreement for FY2019, FY2020 and FY2021. Since the building automation system is proprietary software developed by only one company there are no other competitors that can offer the service. Attachments: Schneider Electric Proposal (dated November 15, 2018) 166 of 945 City of Evanston Building Advisor – Plus Service Plan Prepared for: Sean Ciolek Mark Wegener 167 of 945 Building Advisor – Plus Service Plan Need Service? Call: 877-822-2601 Page 2 City of Evanston 2100 Ridge Ave Evanston, IL, 60201 November 15, 2018 Sean Ciolek sciolek@cityofevanston.org (847) 448-8181 Dear Sean, Thank you for the opportunity to present you with this proposal for a Building Advisor – Plus Service Plan for City of Evanston. Designed to continually meet your dynamic business and facility needs, our Service Plans provide an excellent fixed cost method of maximizing the value of your buildings and their installed systems. By investing in a Service Plan, you can ensure safer, more reliable and efficient operations and capitalize upon the full value that your building systems were originally designed to deliver. The annual investment for this Plus Service Plan is Twenty-Seven Thousand Nine Hundred Forty-Six Dollars and Zero Cents ($27,946). Upon review of our enclosed proposal, please feel free to follow up with me as your point of contact for questions or additional information. We look forward to speaking with you further and helping you to achieve success in your business. Sincerely, Eric Larsen Service Account Manager 708-252-6900 eric.larsen@schneider-electric.com 168 of 945 Building Advisor – Plus Service Plan Need Service? Call: 877-822-2601 Page 3 Current Challenge Your building is a complex Ecosystem and its performance influences the property value, the productivity of its occupants and your business’ bottom line. • You want to improve comfort and productivity for tenants, employees, and management. • You want your building to be smart, connected, and sustainable. • You want 24x7 building system technical support coverage from Schneider Electric to augment your maintenance resources. Proposed Solution & Benefits Building Advisor – Plus Service Plans provide triage and support to diagnose and resolve up to 80% of issues and critical alarms through remote experts with optional onsite resolution. We provide remote coverage of your building operations to support your onsite personnel with expert state of the art remote triage and support. Go beyond break fix maintenance: • Faster resolution times and higher responsiveness • Database backup of your BMS • Secure standardized approach to remote monitoring, triage and support of site operations to avoid costly visits • Preferred rates and prioritized service as a service plan client 169 of 945 Building Advisor – Plus Service Plan Need Service? Call: 877-822-2601 Page 4 Your Agreement Investment This Building Advisor – Plus Service Plan agreement will be for an original term of 12 months, beginning on 1/01/2019, with subsequent annual pricing indicated below. This agreement will renew annually, unless either party changes the services covered or the annual investment. City of Evanston’s annual investment in this program is shown below: Description Annual Price Term 1/01/2019 – 12/31/2019 $27,946 12 Months 1/01/2020 – 12/31/2020 $28,784 12 Months 1/01/2021 – 12/31/2021 $29,648 12 Months For services designated herein and included in attached addendums, City of Evanston agrees to pay Schneider Electric the amount of Twenty-Seven Thousand Nine Hundred Forty-Six Dollars and Zero Cents ($27,946) to be invoiced in equal monthly installments. This amount does not reflect any applicable taxes. Applicable taxes will be added to the invoice sent to you by Schneider Electric. Schneider Electric must be presented with either a tax-exempt certificate or a re-sale certificate if taxes are not to be applied. The annual agreement price shown above can only be adjusted if equipment as described in the attachment is added or deleted from the original agreement. Price adjustments after Year One are discussed in the terms and conditions of this agreement. Payment terms will be no greater than 30 days after Schneider Electric’ invoice date. Schneider Electric reserves the right to discontinue its service any time payments have not been made as agreed. Failure to make payments when due or impairment of City of Evanston’s credit shall relieve Schneider Electric of any and all obligations pertaining to work or performance of work. Facility Name Address City State Multiple Buildings 2100 Ridge Rd Evanston IL 170 of 945 Building Advisor – Plus Service Plan Need Service? Call: 877-822-2601 Page 5 We would appreciate your signature in the space provided below as your acceptance of this agreement. PROPOSAL OFFERED BY: Eric Larsen eric.larsen@schneider-electric.com (708) 252-6900 *based on Terms and Conditions agreed upon in previous contract. Contract Options: Single Year Three Year City of Evanston Acceptance Schneider Electric Acceptance Accepted by: ____________________________ Name typed: ___________________ Title: ____________________ Date: ____________________ Accepted by: ____________________________ Name typed: ___________________ Title: ____________________ Date: ____________________ Name of Firm or Organization: City of Evanston 2100 Ridge Rd Evanston, IL 60062 Schneider Electric – Homewood Office 17475 W Palmer Blvd Homewood, IL 60430 Billing Address: ATTN: Sean Ciolek City of Evanston 2100 Ridge Rd Evanston, IL 60062 Purchase Order No. __________________ 171 of 945 Service Plan Overview Project Team Definitions and Scope 172 of 945 Building Advisor – Plus Service Plan Need Service? Call: 877-822-2601 Page 7 Service Plan Overview “Our role is to continuously maintain and improve your building systems by which your facility management teams can proactively identify, prioritize, manage and sustain operational efficiency, comfort conditions, and system performance on an ongoing basis.” Service Plan Approach Service Plan Advantages Schneider Electric Overview 173 of 945 Building Advisor – Plus Service Plan Need Service? Call: 877-822-2601 Page 8 Service Plan Approach Building Advisor – Service Plans are an integral part of Schneider Electric’s BMS platform. Our Service Plans leverage expert field service engineers and remote data scientists to convert data into predictable, actionable insights. Combining people, technology and collaboration to provide lifetime building efficiency, our Building Advisor services allow you to do more to deliver real impact on operating costs, occupant comfort and asset value throughout the life cycle of a building. You can select from our tiered Service Plans offers with work scopes to fit your facility needs -- from Plus Service Plans that provide remote triage and issue resolution support with optional onsite response, to Prime or Ultra Service Plans that incorporate automated fault detection for more proactive and higher levels of building efficiency. Each of our Building Advisor - Service Plans also allow options for the frequency of service provided. Whether it be preventive maintenance on-site visits or remote analysis, we offer flexibility for you to select when services are performed, what parts are covered, and guarantees for on-site repair response. And, in the event additional repairs are required, you can always count on receiving a priority response as a Service Plan client. 174 of 945 Building Advisor – Plus Service Plan Need Service? Call: 877-822-2601 Page 9 Building Advisor – Service Plans Service Plan Advantages from Schneider Electric: Up to 80% of issues resolved remotely Up to 29% decrease in unscheduled maintenance Up to 33% fewer occupant complaints Up to 20% energy cost reduction Remote support teams can resolve 8 out of 10 customer issues without the need to dispatch a technician to the site ensuring faster issue resolution and less time spent scheduling visits. Condition based maintenance approach ensures that your equipment is maintained based on your operating needs and not just at fixed intervals. Automated diagnostics and fault detection identifies and presents energy, comfort and maintenance related problems with severity rankings so that they can be taken care of in a timely manner. Continuous commissioning of your building equipment to ensure your system performance is always at optimum levels. Schneider Electric Overview Schneider Electric is the global specialist in energy management and automation. With revenues of ~$30 billion in FY2015, our 160,000+ employees serve customers in over 100 countries, helping them to manage their energy and process in ways that are safe, reliable, efficient and sustainable. We are a global company with strong presence and history in the US. With US brands like Square D, Andover Controls and APC, Schneider Electric employs over 33,000 in North America. We maintain a strong focus on innovation, with over 7500 employees directly involved in R&D activities and reinvest 5% of sales into R&D each year. From the simplest of switches to complex operational systems, our technology, software and services improve the way our custo mers manage and automate their operations. Our connected technologies reshape industries, transform cities and enrich lives. At Schneider Electric, we call this Life Is On. 175 of 945 Building Advisor – Plus Service Plan Need Service? Call: 877-822-2601 Page 10 Combining people, technology and collaboration to provide lifetime building efficiency, Building Advisor allows you to do more. PEOPLE Remote experts and certified onsite technicians provide a superior level of support around the clock. COLLABORATION And customized, detailed reports provide deep insights on your building systems along with expert advice with solutions to maximize your return on investment up to 10X over reactive maintenance alone. TECHNOLOGY Automated alarms, fault detection and diagnostics speed problem and solution resolution, providing condition- based recommendations to help prioritize and justify task costs. Leverages real-time data to drive condition- based maintenance and cross-system interoperability. 176 of 945 Building Advisor – Plus Service Plan Need Service? Call: 877-822-2601 Page 11 Project Team Schneider Electric has assembled a specialized team to provide you with industry-leading building services. Your service team will work with you to help you derive the highest value from your building systems investment and assist you in reducing your energy and operating costs, while maintaining the highest levels of occupant comfort, safety and productivity. This team will facilitate a smooth integration of our service activities into your normal business activities. The team will strive to meet your business objectives, provide effective lines of communication and provide continuity through the Schneider Electric personnel who execute your service program, so that your service is delivered in a seamless, transparent manner. Your service team includes the following Schneider Electric professionals: • Service Account Manager: Eric Larsen. His primary responsibility is to provide support and coordination for the execution of your service program. The SAM is ultimately responsible for Schneider Electric’s service relationship with you and will strive to provide you with excellent customer service. Eric can be reached at 708-252-6900. • Primary Service Technician: You will be assigned a primary service technician. This technician will be performing the service and repair functions for your facility whenever possible. In the event the primary service technician is not available, the Customer Service Manager will assign a secondary service technician to your facility. • Buildings Service Resource Center (BSRC): The BSRC acts as your service coordinator. The BSRC is responsible for scheduling all maintenance program services. The BSRC can be reached at 877-822-2601. “Our industry leading technologies and systems integration expertise, in combination with our deep understanding of high performance buildings, are proven to deliver solutions that address your business, environmental, and maintenance challenges.” 177 of 945 Building Advisor – Plus Service Plan Need Service? Call: 877-822-2601 Page 12 Definitions and Scope Your Proposed Service Plan We are happy to recommend the Building Advisor – Plus Service Plan to meet the needs of your facility and the goals of your organization. The table below is a summary of services available in the Plus Service Plan, but not limited to your service plan: Plus Prime Ultra Managed Services Monitoring Alarm Monitoring Optional Optional Condition Monitoring ✔ ✔ ✔ Database Backup ✔ ✔ ✔ Maintenance Preventive ✔ ✔ ✔ Remote Issue Resolution ✔ ✔ ✔ Condition-Based ✔ Reports & Consultation Site Work Report ✔ ✔ ✔ System Insights Report ✔ ✔ ✔ ✔ Site Health Report with ROI Justification ✔ ✔ 178 of 945 Building Advisor – Plus Service Plan Need Service? Call: 877-822-2601 Page 13 Definitions and Scope of Work The following items are included in your Building Advisor Service Plan Agreement within the scope of the proposed plan; Database Backup • The database protection option prepares your system to be restored in the event of damage to the system or the information contained in it. Upon completion of the backup, you will receive a copy of the backup and another copy will be stored off-site (with your approval) at our local office. This provides additional protection in the event of damage to your on-site copy. • Backup frequency will depend on your facility’s needs, size, system activity, and system sensitivity. • This agreement will include 4 (4-hour) backup routines a year, performed on the entire BMS system, including the front-end workstation and / or servers, as well as your entire network of field-mounted controllers. • Backups will be performed during normal business hours (8:00am to 5:00 pm) scheduled through the BSRC. • Antivirus software renewals. Preventive Maintenance • This agreement will include 9 (8-hour) days per year, performed on the entire BMS system including programming and onsite labor for your entire network of field-mounted controllers. • Agreement includes preventive maintenance on critical pieces of equipment in your building management system (BMS) network listed on the equipment list at the end of this agreement. • Schneider Electric will check those field devices, controllers, and network elements as indicated below. This is recommended for all sites to maintain original condition of installed and commissioned systems. This is accomplis hed by providing necessary testing and calibration, identifying defects and potential problem areas, and reducing the likelihood that emergencies will occur. • Preventive Maintenance checks cover only factory recommended maintenance and normal wear and tear limited to tasking documentation available for reference. Parts and material are excluded, unless outlined by addendum. • Preventive maintenance will be performed during normal business hours (8:00 am to 5:00 pm, Monday - Friday). Workstations and Peripherals • This option includes preventive maintenance routines performed on all your building management workstations. • Includes checking workstation operation including fan operation, hard drive errors, operating system updates, and hard drive de-fragmentation, if required. Includes checking printer, cleaning print head, remove excess paper, and changing cartridge/ribbon. Network Equipment and Field Controllers • This option includes preventive maintenance routines performed on network interfaces, routers and field controllers. • Depending on devices’ needs, checking the battery backup circuit, scan times, and verifying control loops. Field Devices • This option includes preventive maintenance routines performed on field devices connect to field controllers. • Includes calibrating field devices’ inputs and outputs and adjusting offsets in field controllers as needed. Results of the calibration will verify accuracy of critical system components and identify any potential problems or component failure beyond calibration. • Includes replacement temp sensors, batteries & panel peripheral devices [relays-fuses-current transducers- transformers]. • Does not include replacement specialty sensors, valves, dampers, motors, or controllers. 179 of 945 Building Advisor – Plus Service Plan Need Service? Call: 877-822-2601 Page 14 Demand/Emergency Service This option provides complete labor coverage of r epair calls throughout the life of the agreement for the items specified per the equipment list at the end of this addendum. This plan must be purchased in conjunction with a planned maintenance agreement to protect your facility and your investment. See Terms and Conditions for exclusions to this coverage. Remote Issue Resolution Schneider Electric may carry out remote trouble shooting utilizing secure remote access tools to resolve issues, alarms, or provide support from time to time. Remote Support and Issue resolution is included in your contract to facilitate quickly addressing your issues and questions regarding your BMS system. A service engineer or programmer will assist you with troubleshooting software programs, P ID loops, and any other issues with which you need assistance. Under terms of this agreement there are UNLIMITED hours annually to get support from our remote specialists. Remote Issue Resolution requires the ability to connect remotely to the site Buildi ng Management System (BMS). Customer is responsible for all local communications costs. On-Site Issue Resolution Beyond the scheduled inspections, Schneider Electric will provide scheduled demand service calls during normal business hours (8:00 a.m. to 5:00 p.m., Monday - Friday), to minimize downtime. Parts And Components Replacement • Schneider Electric will repair or replace worn parts or complete components with new parts or reconditioned components. It is understood that this undertaking by us applies only to the systems and equipment covered in this agreement or otherwise listed in special terms and conditions. • Schneider Electric will replace defective or malfunctioning parts at no charge to the customer. • See Terms and Conditions for exclusions to this coverage. Reports and Consultation Schneider Electric will provide reports documenting Remote and On-Site Work Activity: • System Insights Reports provided upon request. • After completion of preventive maintenance, you will receive findings report for your records. Your service account manager will review and consult with you on the report. On an annual basis, your service account manager will also discuss longer term building performance, modernization opportunities, retrofits, or equipment overhauls that are recommended to meet your building and maintenance goals. 180 of 945 Building Advisor – Plus Service Plan Need Service? Call: 877-822-2601 Page 15 Equipment Schedule The attached work scope addendum includes the equipment list covered under this service agreement. The service agreement covers any preventive maintenance and issue resolution. Any repairs, parts and materials are outside of the scope of this agreement. During the active 3-year service agreement, all listed legacy Schneider Electric products will be covered . Any new EcoStruxure products installed will carry a 1-year warranty from date of installation. All out of warranty Schneider Electric products will be proposed as an add to the existing service agreement. Continuum System Master Name Master Model BACnet Controllers Continuum Controllers Infinity Controllers Beach bCX9640 - 1 - Chandler bCX9640 - 1 8 CivicCenter bCX9640 - 2 - Fleetwood.1655 bCX4040 10 - - FS1 bCX9640 - 13 - FS2 bCX9640 - 24 - FS3 9900 - 16 4 FS5 bCX9640 - 19 - Levy 9900 - 1 37 Municipal1 9900 - 12 - SiteControl1 9702 - - - Animal Shelter MPM - Ecology MPM - FS4 MPM - EcoStruxure System Master Name Master Model Attached Controllers Chandler AS-P - Fountain Square AS-P - Howard Theater AS-P 1 181 of 945 Building Advisor – Plus Service Plan Need Service? Call: 877-822-2601 Page 16 Alternate Add Robert Crown Ice Arena The Robert Crown Ice Arena BAS project is scheduled to be completed in mid-2019. All equipment is protected by a 1-year warranty. After the warranty expires, Schneider Electric will add the equipment to the agreement as listed below. Equipment Qty AS-P 1 AS-B 1 UI16 2 DO12 1 DO8 2 AO8 2 MP-V-9 4 MP-V-7 73 Temp Sensor (no cover) 10 Temp Sensor (cover) 4 EBO Software 1 Enterprise Server 1 This equipment will be covered at the level that the contract terms outlined above (including material coverage, demand service, and remote support), as well as an additional (2) 8-hour BAS technician visits and (1) 4-hour IT technician visit. The total annual price for this service is shown below. Description Annual Price Robert Crown Ice Area $8,221 182 of 945 For City Council Meeting of December 10, 2018 Item A10 Business of the City by Motion – Parking Management and Operations For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Erika Storlie, Assistant City Manager/Administrative Services Director Jill Velan, Parking Division Manager Subject: Second One-Year Extension for the Management and Operations of Three Self-Park Facilities with SP+ Municipal Services Date: November 30, 2018 Recommended Action Staff recommends that City Council authorize the City Manager to extend the contract for the Management and Operations of three City owned Self-Park Facilities to SP+ Municipal Services (200 East Randolph Street, Suite 5475, Chicago, IL 60601) in the amount of $1,530,198 for 2019 with no additional extensions (RFP #15-65). Funding Sources Funding for the contract will be provided by the following Parking Fund accounts: Church Street Garage (505.19.7025.62400); Sherman Avenue Garage (505.19.7036.62400); and Maple Avenue Garage (505.19.7037.6240). Summary On December 14, 2015 the City Council approved a two-year contract for the Management and Operations of Three Self-Park Facilities to SP+ Municipal Services with two one-year optional extensions. In October 2015, the City issued a Request for Proposal (RFP) for the Management and Operations of Three Self-Park Facilities. The purpose of the RFP was to seek proposals to provide a cost effective “First Class” level of management and operation for the three downtown self-park garages 24-hours daily, 7 days per week, year-round including holidays. Services shall include supervision, management, customer relations, cashiering, security, custodial and maintenance services. The vendor is required to support, but is not limited to the support of, the following management and operational services: Memorandum 183 of 945 1) Hire, train and supervise all staff required to provide a cost-effective first class level of customer relations and support, cashiering, bookkeeping, and custodial maintenance. 2) Supervisory/management level staff is to be on-site during all active hours of operations to provide supervision and direction of cashiers, customer service representatives, bookkeepers, custodial staff, and security officers. 3) Patrol the parking facilities daily to note any maintenance issues, equipment problems, signage needs, safety concerns, and to ensure the accuracy of parking access and revenue control counts. 4) Handle daily customer service for overall parking operations, including but not limited to, transient and monthly parking, regulations, area directions, distribution of materials (when requested by City), etc. 5) Calculate, invoice, collect, account for, safeguard, and turn over to the City all revenues from parking and service fees derived from the operation of each facility. 6) Provide bookkeeping, invoicing, accounting, and auditing services to verify operations and to ensure that all expenses are valid, necessary, and within budget. 7) Coordinating with City staff to provide the highest-quality maintenance and custodial services for all three facilities. 8) Provide daily/periodic parking access and revenue control preventative maintenance on parking access and revenue control equipment as specified by the manufacturer. 9) Remove water, snow and ice from all exposed sidewalks, garage entry/exit areas and pedestrian walk areas. 10) Provide security services to monitor the CCTV systems and patrol the facilities 24 hours daily 365 days per year. The budgeted amount for FY 2019 is $1,672,588, as the contract allows reconciliation for any vendor overages of actual operation expenses from the estimated operating budget (attached). These overages are usually attributed to personnel costs and labor contract changes that occur during an existing contract. This reconciliation is presented to the City Council, in the form of change order, during the second quarter following the contract year. The 2018 contract expenses are projected to be approximately $1,520,000 at the end of December 2018. This equates to $275,000 in operating expenses attributed to the Church Street Garage; $650,000 in operating expenses attributed to the Sherman Avenue Garage; and $595,000 in operating expenses attributed to the Maple Avenue 184 of 945 Garage. Based on previous year expenditures the 2019 contract has a projected increase of $16,491 or 1.1%. Attachments Current SP+ Contract 2019 Estimated Operating Budget for SP+ 185 of 945 186 of 945 187 of 945 188 of 945 189 of 945 190 of 945 191 of 945 192 of 945 193 of 945 194 of 945 195 of 945 196 of 945 197 of 945 Price/Cost Form – Year 4 Operating Statement For: SP+ Revenues (estimated)Church Maple Sherman Year 4 Total Daily Parking $337,712 $452,275 $765,382 $1,555,369 Monthly Parking $563,356 $1,432,115 $1,244,058 $3,239,529 Other Revenues $36,431 $11,225 $12,460 $60,115 Total Gross Parking Revenues $937,499 $1,895,615 $2,021,900 $4,855,013 Parking Tax – City of Evanston ($150,279.68) ($262,960.61) ($305,238.23) ($718,478.52) Parking Tax – Cook County ($67,693.55) ($144,483.85) ($146,749.15) ($358,926.55) Total Parking Taxes Collected ($217,973.23) ($407,444.46) ($451,987.38) ($1,077,405.07) TOTAL NET REVENEUS $719,526 $1,488,170 $1,569,912 $3,777,608 Operating Expenses Manpower Expenses DIRECT PAYROLL EXPENSES: Payroll Wages & Salaries $114,189 $162,499 $162,499 $439,187 Payroll Taxes $9,643 $13,723 $13,723 $37,088 Health & Welfare $49,707 $70,737 $70,737 $191,182 Workers' Comp Insurances $5,779 $8,224 $8,224 $22,227 Uniforms $120 $120 $120 $360 Total Direct Payroll $179,438 $255,303 $255,303 $690,045 SUBCONTRACTED PAYROLLS: Security/traffic control $169,219 $200,423 $169,219 $538,860 Maintenance $6,756 $17,939 $3,145 $27,840 Total Subcontracted Payroll $175,975 $218,361 $172,364 $566,700 TOTAL MANPOWER EXPENSES:$355,413 $473,665 $427,667 $1,256,745 Other Expenses: Data Processing, Postage & Accounting (Including CC fees)$32,344 $32,344 $32,344 $97,031 Spitter tickets & printing $5,000 $5,000 $5,000 $15,000 Office Supplies $3,167 $3,167 $3,167 $9,500 Signage and traffic control supplies $1,333 $1,333 $1,333 $4,000 Janitorial – Maintenance Supplies $0 $0 $0 $0 Mechanical Sweeper (Maple)$0 $0 $0 $0 Gator (Maple)$0 $0 $0 $0 Maintenance Equipment $460 $460 $460 $1,380 a. Shoulder Vacuum (Sherman)$0 $0 $0 $0 b. APV walk behind sweeper (Church)$0 $0 $0 $0 c. 2 Snow Blowers (Church)$0 $0 $0 $0 Security Vehicle $0 $0 $0 $0 Liability Insurance $16,632 $16,632 $16,632 $49,896 Customer Claims & Losses $0 $0 $0 $0 Minor Painting / Striping $0 $0 $0 $0 Snow Removal $0 $0 $0 $0 De-icing Chemicals $0 $0 $0 $0 Pay on Foot Stations (Collection/Replenishment)$0 $0 $0 $0 Power Washing $8,333 $8,333 $8,333 $25,000 Miscellaneous (Includes Remote Management Services)$23,882 $23,882 $23,882 $71,647 Total Other Expenses $91,151 $91,151 $91,151 $273,453 TOTAL OPERATING EXPENSES:$446,564 $564,816 $518,818 $1,530,198 NET INCOME before Management Fee $272,962 $923,354 $1,051,094 $2,247,410 MANAGEMENT FEE $10,300 $10,300 $10,300 $30,900 NET OPERATING INCOME $262,662 $913,054 $1,040,794 $2,216,510 198 of 945 For City Council meeting of December 10, 2018 Item A11 Resolution 111-R-18: 12-Month Lease with Evanston Development Cooperative For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Shanalee Gallagher, ICMA Management Fellow Subject: Resolution 111-R-18, Authorizing a Lease Agreement with Evanston Development Cooperative Date: December 4, 2018 Recommended Action: Staff recommends City Council adoption of Resolution 111-R-18 authorizing the City Manager to negotiate the lease of office space with Evanston Development Cooperative (EDC) at the rate of $324.50 per month for 12 months beginning January 2, 2019 for 275 square feet of space on the third floor of the Civic Center, Suite 3601. Livability Benefits Built Environment: Enhance Public Space Summary Evanston Development Cooperative (EDC) builds community wealth in Evanston by recruiting and training residents to design and construct high-performing housing, to develop resilient neighborhoods, and to realize opportunities for education, ownership, and economic stability for all. The lease and proposed rent is similar to that of the two existing Civic Center non-profit tenants, NW CASA and North Shore Senior Center. NW CASA was approved by the City Council last year to lease office spaces G101 & G102 on the ground floor at a rate of $550 per month for 272 square feet of space. North Shore Senior Center was approved in August for $511.50 per month for 142 square feet. Attachments Resolution 111-R-18 Draft Lease Agreement Memorandum 199 of 945 12/4/2018 111-R-18 A RESOLUTION Authorizing the City Manager to Enter into a One-Year Lease Agreement for Office Space at the Lorraine H. Morton Civic Center WHEREAS, the City of Evanston (“City”) owns certain real property, including the property commonly known as the Lorraine H. Morton Civic Center at 2100 Ridge Avenue, Evanston, Illinois; and WHEREAS, the City leases space in the Civic Center to organizations and groups including Evanston Development Cooperative; and WHEREAS, the City and Evanston Development Cooperative desire to enter into lease agreement for a twelve month term; and WHEREAS, the City Council finds it to be in the best interest of the City to lease Civic Center office space to Evanston Development Cooperative, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COUNTY OF COOK, STATE OF ILLINOIS: SECTION 1: The City Manager is hereby authorized and directed to sign, and the City Clerk hereby authorized and directed to attest on behalf o f the City of Evanston, a lease for twelve months for Room 3601 by and between the City and Evanston Development Cooperative in the Lorraine H. Morton Civic Center. The lease shall be for the following period: January 2, 2019 through January 2, 2020. The lease shall be in substantial conformity with the 200 of 945 111-R-18 ~2~ lease marked as Exhibit 1, attached hereto and incorporated herein by reference. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional terms and conditions of the leases as may be determined to be in the best interests of the City. SECTION 3: Resolution 111-R-18 shall be in full force and effect from and after its passage and approval in the manner provided by law. ________________________________ Stephen H. Hagerty, Mayor Attest: Approved as to form: ___________________________ ________________________________ Devon Reid, City Clerk Michelle L. Masoncup, Corporation Counsel Adopted: __________________, 2018 201 of 945 111-R-18 ~3~ EXHIBIT 1 LEASE AGREEMENT 202 of 945 1 LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease") is by and between CITY OF EVANSTON, an Illinois municipal corporation and a home rule unit of the State of Illinois (the "Landlord") and EVANSTON DEVELOPMENT COOPERATIVE an Illinois cooperative organized under the laws of the State of Illinois ("Tenant") for a certain office space located on the third floor of the Civic Center, 2100 Ridge Avenue, Evanston, Illinois 60201. In consideration of the rents, covenants and conditions hereafter set forth, the Landlord and Tenant hereby agree as follows: 1. BASIC LEASE PROVISIONS. In addition to the other terms which are elsewhere defined in this Lease, the following words and phrases, whenever used in this Lease, shall have the meanings set forth in this Section 1. (a) Date of Lease: January 2, 2019 (b) Landlord: The City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 (c) Tenant: Evanston Development Cooperative (EDC) (d) Premises: Third Floor, room 3601 (275 sq feet) 2100 Ridge Avenue Evanston, Illinois 60201 (e) Possession Date: January 2, 2019 (f) Lease Term: January 2, 2019 - January 2, 2020 (g) Base Rent: $324.50/per month (h) Renewal: Two one-year options to renew the lease agreement with written consent of both parties and tenant is not in default of the lease agreement. (i) Delivery of Premises: Landlord will deliver the Premises to Tenant no later than the Possession Date in “broom-clean” state with all building systems functional and in good condition and repair, except as provided herein. (j) Real Estate Taxes and Operating Expenses: Landlord will be responsible for the payment of the real 203 of 945 2 estate taxes and the costs of owning, operating, maintaining, and repairing the Building and Premises. The Landlord will not be responsible for maintaining or repairing Tenant improvements, fixtures and personal property within the Premises. (k) Utilities: All utilities are included in rent. If applicable, the Tenant shall be responsible for any and all cell phone charges and television charges for use at the Premises. The Tenant is permitted to use the Landlord’s copy machine and will reimburse the Landlord for said use per month at the rate of $.10/per page. (l) Permitted Use: Operation of an office space devoted to administrative duties of the EDC to provide affordable, sustainable housing by and for Evanston residents (m) Security Deposit: No Deposit Required (n) Hazard Insurance: Landlord to procure fire and hazard insurance on the Premises. (o) Tenant Insurance: Tenant to carry commercial liability insurance and insure all equipment, and personal property, limits defined in Paragraph 7. (p) Signage: Tenant may not affix permanent signage to the exterior or interior of the building. (q) Improvements: Any and all work necessary to move Tenant into the Premises shall be at the sole cost and expense of Tenant. The Landlord will not be providing any office furniture or other items for use by the Tenant and all office furniture and equipment will be provided by Tenant. 2. PREMISES. Landlord does hereby lease and rent to Tenant, and Tenant does hereby lease, take and rent from Landlord the Premises. The Landlord will cause the halls, corridors, and other parts of the building adjacent to the Premises to be lighted, cleaned and generally cared for, accidents and unavoidable delays excepted. Landlord will provide heat and air-conditioning for the Premises when required by outside temperature. Tenant shall comply with such rules and regulations of the City of Evanston for the necessary, proper, and orderly care of the building in which the Premises are located. All improvements made to the Premises will be contracted and paid for by the Tenant. In addition, all improvements must be performed by an insured contractor. The City shall not be liable for any claim of any kind or in any amount for any injury to or death of persons or damage to property of Tenant or any other person that may occur during said construction. Tenant shall indemnify and hold Landlord harmless from all liability whatsoever, and from all losses, costs and expenses (including without limitation attorneys’ fees 204 of 945 3 and expenses) incurred or suffered as a result of or related to any real or claimed damage or injury related to said construction of the improvements. The cost of all alterations and additions, if applicable, shall be borne by the Tenant and shall remain for the benefit of Landlord, for further detail regarding said improvements. The Tenant is granted access to the Premises Monday – Friday 7:30 a.m. to 10 p.m. and Saturday from 8:30 a.m. – 2:30 p.m. and no access on Sunday. The Tenant shall have use of the adjacent parking, common areas, loading dock access, within reason, and use of the bathroom facilities. 3. PERMITTED USE. The sole permitted use that Tenant shall use the Premises shall be for Operation of an office space devoted to administrative duties of the EDC to develop housing opportunities in construction options that provide affordable, sustainable housing by and for Evanston residents (the “Permitted Use”). Tenant shall not use the Premises for any other purpose except the Permitted Use without the prior written approval of Landlord. All applicable laws, ordinances, and City policies shall be observed by the Parties in and around the Premises. The City of Evanston Municipal Code provisions are herein incorporated by reference and made a part of this Lease. 4. TERM. The term of this Lease (the ‘Term”) shall be for a period commencing on January 2, 2019 (the “Possession Date”) and ending on January 2, 2020 (the “Expiration Date”). After the Lease is terminated, the Tenant shall leave the Premises in broom clean condition and shall turn over any and all keys to the City Manager or his or her designee. Subject to Section 8 herein, and excluding damage by fire or other casualty and action of Landlord, Tenant shall pay for any and all damage to the interior of the Premises beyond normal wear and tear and shall do so within thirty (30) days of invoicing by the City. If the Tenant desires to renew the Lease for another term; the Tenant shall give Landlord sixty (60) days written notice of said intention to elect to exercise said option to renew for an additional year. Tenant is permitted to renew the Lease for two one-year options at the Base Rent specified in Paragraph 1(g). 5. RENT. Tenant agrees to pay Landlord or Landlord’s agent as rental for the Premises, the monthly Base Rent due under the terms of this Lease on the 1st day of each month. The first payment due under this Lease Agreement is due and payable on or before January 2, 2019 (“Rent Commencement”). Payments shall be made payable to: City of Evanston and mailed to: City of Evanston, Attn: Erika Storlie, 2100 Ridge Avenue, Evanston, IL 60201. 6. TENANT IMPROVEMENTS. Tenant shall construct all renovations pursuant to build out plans agreed to by Landlord and Tenant. The tenant improvements are the sole cost and expense of Tenant with no right of reimbursement by Landlord. Tenant will obtain an endorsement and Certificate of Insurance naming the Landlord as an additional insured from Tenant’s carrier and all contractors during the construction of the Premises Improvements and any other renovation or construction at the Premises in an amount of at least $1 million general aggregate coverage for any one accident, and $100,000.00 property damage. 7. NO LIENS. Tenant shall not permit to be created nor to remain undischarged any lien, encumbrance or charge to become, a lien or encumbrance or charge upon the Premises by any of Tenant’s creditors or resulting from leasehold improvements. If any lien or notice of lien on account of an alleged debt of Tenant or any notice of contract by a party engaged by Tenant or Tenant’s contractor to work in the Premises shall be filed against the Premises, Tenant shall, 205 of 945 4 within sixty (60) days after notice of the filing thereof, cause the same to be discharged of record by payment, deposit or bond or obtain title insurance over the same. If Tenant shall fail to cause such lien or notice of lien to be discharged by either paying the amounts claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings or obtain title insurance over the same, Landlord shall be entitled, if Landlord so elects, to defend any prosecution of an action for foreclosure of such lien and any money reasonably paid by Landlord and all reasonable costs and expenses, including attorneys’ fees, reasonably incurred by Landlord in connection therewith, together with interest thereon at shall be paid by Tenant to Landlord within thirty (30) days following Tenant’s receipt of Landlord’s written demand. In the event Tenant diligently contests any such claim of lien, Tenant agrees to indemnify, defend, and hold harmless Landlord from any and all reasonable out of pocket costs, liability and damages, including attorneys’ fees resulting therefrom, and, if requested, upon demand, Tenant agrees to immediately deposit with Landlord cash or surety bond in form and with a company reasonably satisfactory to Landlord in an amount equal to the amount of such contested claim. 8. TENANT INSURANCE OBLIGATIONS. Tenant shall, at the time of signing the Lease and during the entire term hereof, keep in full force and effect a Comprehensive General Liability policy in the amount of Five Hundred Thousand and no/100 Dollars ($500,000.00) with respect to the Premises, with provisions reasonably acceptable to Landlord, and the activities of Tenant in the Premises and which shall cover its fixtures and equipment within the Premises. The Tenant shall furnish copies of a Certificate of Insurance with the Landlord named as an additional insured with an insurance company acceptable to the Landlord. The Tenant shall furnish, when requested, a certified copy of the policy to the Landlord. An insurance company having less than an “A” Policyholder’s Rating by the Alfred M. Best Company will not be considered acceptable. 9. PERSONAL PROPERTY AND WAIVER OF SUBROGATION. Tenant shall be responsible for insuring all or its own personal property and equipment of Tenant, and equipment located on the Premises. Notwithstanding anything to the contrary contained herein, The Landlord and Tenant shall not be liable to the other for any loss or damage caused by water damage or any of the risks that are or could be covered by a standard all risk hazard insurance policy with an extended coverage endorsement, or for any business interruption, and there shall be no subrogated claim by one party’s insurance carrier against the other party’s carrier arising out of any such loss. 10. QUIET ENJOYMENT. Landlord hereby covenants and agrees that if Tenant shall perform all the covenants and agreements on Tenant’s part to be performed, Tenant shall at all times during the Term have the quiet enjoyment and possession of the Premises. 11. CERTAIN RIGHTS RESERVED TO LANDLORD. In addition to those rights identified above, Landlord reserves the following rights: (a) to decorate, remodel, repair, alter or otherwise prepare the Premises for re- occupancy if Tenant should permanently vacate the Premises during or prior to the last sixty (60) days of the Term or any part thereof; 206 of 945 5 (b) to retain pass keys to the Premises; (c) to take any and all measures, including, without limitation, inspections, repairs, and alterations to all or any part of the Premises, as may be necessary or desirable for the safety, protection or preservation of the Premises or Landlord's Interests or as may be necessary or desirable in the operation of the commercial portions of the Premises; and Landlord may enter upon the Premises with reasonable notice to tenant and may exercise any or all of the foregoing rights hereby reserved without being deemed guilty of an eviction or disturbance of Tenant’s use or possession and without being liable in any manner to Tenant. Landlord agrees that it shall not interfere with the Tenant's use and occupancy unless Landlord determines in its reasonable discretion that such interference is necessary. 12. DEFAULT REMEDIES. (a) Any one of the following events shall be deemed to be an event of default hereunder by Tenant subject to Tenant's right to cure: (1) Tenant shall fail to pay rent within five (5) days, at the time and place when and where due; (2) Tenant shall fail to maintain the insurance coverage as set forth herein and cannot cure the default in ten (10) days; (3) Tenant shall fail to comply with any term, provision, condition or covenant of this Lease or Service Agreement, other than the payment of Rent, and shall not cure, or commence the good faith cure of any such failure, within thirty (30) days after written notice to the Tenant of such failure, provided that if such cure cannot be effected within 30 days, Tenant shall not be in default hereunder so long as Tenant commences such cure or has requested bids for such cure within 45 days and diligently pursues the completion and in good faith and Tenant does subsequently cure said default within 60 days; and (4) Tenant shall make a general assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy, or shall be adjudicated as bankrupt or insolvent, or shall file a petition in any proceeding seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, or shall file an answer admitting, or fail timely to contest, the material allegations of a petition filed against it in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Tenant or any material part of it’s properties. (b) Upon the occurrence of any event of default, Landlord shall have the option to pursue any one or more of the following remedies subject to the laws of the State of Illinois and the Tenants right to cure: 207 of 945 6 (1) Terminate this Lease, in which event Tenant shall immediately surrender the Premises to Landlord, but if Tenant fails to do so, Landlord may, without further notice and without prejudice to any other remedy Landlord may have for possession or arrearages in Rent or damages for breach of contract, enter upon the Premises and expel or remove Tenant and its effects, by force, if necessary, without being liable to prosecution or any claim for damage herefore; and Tenant agrees to Indemnify Landlord for all loss and damage which Landlord may suffer by reason of such lease termination, whether through inability to re-let the Premises, or through decrease in Rent, or otherwise. In the event of such termination, Landlord may, at its option, declare the entire amount of the Rent which would become due and payable during the remainder of the Term to be due and payable immediately, in which event Tenant agrees to pay the same at once, together with all Rent theretofore due, provided, however, that such payments shall not constitute a penalty or forfeiture or liquidated damages, but shall merely constitute payment in advance of the Rent for the remainder of the Term. (2) Landlord may recover from Tenant upon demand all of Landlord's costs, charges and expenses, including the fees and costs of counsel, agents and others retained by Landlord which have been incurred by Landlord in enforcing Tenant's obligations hereunder, subject to Landlord prevailing on its claims. (c) Pursuit of any of the foregoing remedies shall not preclude pursuit of any other remedy herein provided or available to Landlord at law or in equity, or constitute a forfeiture or waiver of any Rent due hereunder or of any damages suffered by Landlord. 13. INDEMNITY. Tenant agrees that the mayor, department and divisions officials, officers, agents, attorneys, and employees of the Landlord shall not be liable for any claim of any kind or in any amount for any injury to or death or persons or damage to property of Tenant or any other person. Tenant shall indemnify and hold Landlord harmless from all liability whatsoever, and from all losses, costs and expenses (including without limitation attorneys' fees and expenses) incurred or suffered as a result of or related to any real or claimed damage or injury related to Tenant's negligence, gross negligence, or acts of intentional misconduct. In the event that Tenant is named as a defendant in any legal proceeding arising from any acts of gross negligence or intentionally wrongful acts of Landlord for any injury or any claimed damage occurring at the Premises, then Landlord shall indemnify and hold Tenant harmless from all liability whatsoever, and from all losses, costs and expenses (including without limitation attorneys' fees and expenses) incurred or suffered as a result of or related to any real or claimed damage or injury provided that a) Landlord is named as a defendant in the legal proceeding; b) the claim arises from acts of gross negligence or intentional misconduct by the Landlord; c) Tenant’s own negligent act or intentional misconduct; and d) the claim is unrelated to Tenant's use and occupancy of the Premises, subject to Section 8 herein. 14. LIABILITY FOR ACTS OR NEGLECT. Subject to Section 8 hereof, and excluding damage by fire or casualty, if any damage to the Premises, or any part thereof, results from any. act or neglect of Tenant or its invitees or other guests, agents, customers, invitees or other guests of it’s customers, or employees, independent contractors, or the like, Tenant shall immediately repair the same; provided, however, that Landlord may, at its option, repair such damage and 208 of 945 7 Tenant shall, upon demand by the Landlord, reimburse the Landlord forthwith for the total cost of such repairs. All personal property belonging to Tenant shall be at the sole risk of the Tenant and such other person only and the Landlord shall not be liable for damage, theft or misappropriation thereof. 15. DESTRUCTION OR DAMAGE. In the event of destruction of or damage to, the Premises by fire or other casualty, Landlord shall use the proceeds of its insurance to promptly rebuild and restore the Premises to their condition immediately prior to such destruction or damage. Landlord shall rebuild and restore the Premises to the condition of the Premises that existed on the Possession Date. In the event that the proceeds have been applied to indebtedness secured by any mortgage on the Premises, or are otherwise unavailable or the proceeds of insurance are not sufficient to pay for the cost of rebuilding or restoration, and Landlord elects not to make an equivalent amount of funds available to rebuild and restore the Premises, then Landlord or Tenant may terminate this Lease and the Parties rights hereunder and the Parties shall be released of its obligations and this Lease shall cease and terminate as of the date the other Party receives written notice of such election, and neither party hereto shall have any further obligation to the other. 16. CONDEMNATION. (a) If the whole or any part of the demised Premises shall be taken by any public authority under the power of eminent domain, the Lease term shall cease as of the day of possession shall be taken by such authority if such is of the entire demised Premises and any rents shall be prorated as of said date. If the entire premises are not taken, but such taking is more than 20% of the Premises the Tenant shall have the option to terminate this lease. If the taking is less then 20% and such taking would cost the tenant monies to reconfigure/ restructure the business premises or make it not practical to continue said business, tenant shall have the option to terminate the lease upon 30 days written notice to Landlord. (b) All compensation awarded for any taking under the power of eminent domain, whether in whole or in part of the demised premises shall be the property of the landlord, however, the landlord shall not be entitled to any award made expressly to the tenant for the taking of the tenant's business value, furniture, fixtures or leasehold improvements (exclusive of the Landlord's contributions). 17. ATTORNEYS' FEES AND EXPENSES. If at any time during the Term of this Lease either Landlord or Tenant shall institute any action or proceeding against the other relating to the provisions of this Lease, or any default hereunder, each party to pay its own attorneys fees and costs. 18. ENTIRE AGREEMENT. This Lease contains the entire agreement of the parties with respect to the Premises and no representations or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. No failure of Landlord to exercise any power given Landlord hereunder or to insist upon strict compliance by Tenant of any obligation hereunder, and no custom or practice at variance with the terms hereof, shall 209 of 945 8 constitute a waiver of Landlord's right to demand strict compliance with the terms hereof. 19. TIME. Time is of the essence of this Lease, and of each term, condition and provision hereof. 20. HOLDING OVER. Upon termination of this Lease, by lapse of time or otherwise, Tenant shall surrender the Premises (and all keys thereto) in the same condition as at commencement of the Term, excepting only reasonable wear and tear and loss by insured casualty. If Tenant remains in possession after expiration of the Term, Tenant agrees to yield up immediate and peaceable possession to Landlord, and if failing to do so, in connection with the expiration of the Term or any termination hereof by the Parties, the Tenant shall pay the sum of one hundred fifty and no/100 Dollars ($150.00) per day, for the time such possession is withheld. The Landlord or its legal representative at any time after the expiration of the Term, without notice, to re-enter the Premises, and to expel, remove and put the Tenant or any person(s) occupying the said Premises, using such force as may be necessary, and to repossess and enjoy the Premises against as before this Lease, without prejudice to any remedies which might otherwise be used for arrears of rent or breach of covenants; or in cases the said Premises shall be abandoned, deserted, or vacated and remain unoccupied five days consecutively, the Tenant hereby authorizes and requests the Landlord to re-enter the Premises and remove all property found therein, regardless of ownership, place them in some regular storage warehouse or other suitable storage, at Tenant’s expense, for no more than forty-five days, and to proceed to re-rent the Premises at the Landlord’s option and discretion and apply all money so received after paying the expenses of removal toward the rent accruing under this Lease. This request shall not be construed as requiring compliance therewith on the part of the Landlord. If the Tenant shall fail to pay the rent at the times, place and in the manner above provided, and the same shall remain unpaid five (5) business days after the day whereon the same should be paid, the Landlord by reason thereof shall be authorized to declare the term ended and the Tenant hereby agrees that the Landlord, its agents or assigns may begin suit for possession and/or rent. In the event of re-entry and removal of the articles found on the Premises and personally owned by Tenant or others, the Tenant hereby authorizes and requests the Landlord to sell the same at public or private sale within fifteen (15) days after storage time period provided above. The proceeds of said sale shall be applied to the expenses of storage, removal, sale expenses and back due rent. 21. ASSIGNMENT AND SUBLETTING. This Lease shall bind and inure to the benefit of each of the parties, their respective heirs, successors, and assigns; provided however, that Tenant shall not assign its interest under this lease or sublet all or any portion of the Premises without first obtaining Landlord's prior written consent in writing, which consent will not be unreasonably withheld. No assignment or sublease shall relieve Tenant of its obligation to pay rent or perform other obligations required by this lease unless Landlord agrees in writing at the time the assignment is made, and no consent to one assignment or subletting shall be consent to any further assignment or subletting. Notwithstanding the foregoing, Tenant shall have the right to assign this Lease or sublet the Premises to any parent, subsidiary, or affiliate of Tenant, including any successor to Tenant by merger. 22. SEVERABILITY. If any term, covenant or condition of this Lease or the application 210 of 945 9 thereof to any person or circumstance shall be determined to be invalid or unenforceable to any extent, neither the remainder of this Lease nor the application of such term, covenant or condition to any other person or circumstance shall be affected thereby, and each term, covenant or condition of this Lease shall be valid and enforceable to the fullest extent permitted by law. 24. GOVERNING LAW AND TIME LIMITATION. This Lease shall be construed and enforced in accordance with the laws of the State of Illinois. All disputes relating to the interpretation and enforcement of the provisions of this Lease shall be resolved exclusively by the federal or state court located in Cook County, Illinois, and the parties hereto hereby submit to the jurisdiction and venue of the court for such purpose. 25. NOTICES. Notices sent to the Landlord, should be mailed to the address set forth in Paragraph 1(b) of this Lease and notice to the Tenant should be mailed to the address set forth in Paragraph 1(c) of this Lease. A mailed notice is must be sent via certified mail, return receipt requested and effective three (3) business days after deposit in the U.S. Mail. Notice given by overnight courier is effective upon delivery. 26. REPRESENTATIONS OF LANDLORD. Landlord hereby represents to Tenant that: (a) Landlord is the owner of the Premises and no mortgage or similar instrument affects the Premises; and (b) to the Landlord’s knowledge, the Premises may lawfully be used for the Permitted Use under applicable laws. [SIGNATURES ON FOLLOWING PAGE] 211 of 945 10 IN WITNESS WHEREOF, both of said Landlord and Tenant have caused this Lease to be fully executed as of the date that the City executes this Agreement. City of Evanston, a home rule unit of local government located in Cook County, Illinois By: Wally Bobkiewicz, City Manager Date: ____________________, 2018 Evanston Development Cooperative By: Name: Dick Co Its: President and Co-founder 212 of 945 For City Council meeting of December 10, 2018 Item A12 Resolution 107-R-18: Eight-month Noyes Studio Renewal Lease For Action To: Honorable Mayor and Members of the City Council Members of Administration & Public Works Committee From: Lawrence C. Hemingway, Director Parks, Recreation & Community Services Karen Hawk, Assistant Director Parks, Recreation & Community Services Subject: Resolution 107-R-18, Eight-Month Lease Renewal with Mudlark Theatre at Noyes Cultural Arts Center Date: December 10, 2018 Recommended Action: Staff recommends City Council approval of Resolution 107-R-18 authorizing the City Manager to enter into an agreement for eight (8)-month renewal lease terms with Mudlark Theatre for space at the Noyes Cultural Arts Center. Funding Source: Revenues are deposited into the Noyes Cultural Arts Business Unit 100.30.3710.53565 Livability Benefits: Education, Arts & Community: Incorporate arts and cultural resources Support social and cultural diversity Summary: The studio lease renewals are for an eight (8) month term (01/01/2019-01/31/2019, 03/01/2019-05/31/2019, & 09/01/2019-12/31/2019). Fees include a two percent (2%) rental rate increase from 2018 rates. Tenant Name Leased Space Monthly Rent rate Annual Total Rent (8 mo) Community Engagement Mudlark Theatre NoyesTheatre $3,183.62 $25,468.96 $3,820.34 Attachments: Resolution 107-R-18 with Studio Master Lease and fee chart Memorandum 213 of 945 11/26/2018 107-R-18 A RESOLUTION Authorizing the City Manager to Enter into an Eight Month Lease Agreement for the Noyes Street Theater at the Noyes Cultural Arts Center BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COUNTY OF COOK, STATE OF ILLINOIS: SECTION 1: 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 of Evanston, a lease for eight cumulative months for the Noyes Street Theater by and between the City and the Mudlark Theater in the Noyes Cultural Arts Center. The lease shall be for the following periods: January 1, 2019 through January 31, 2019; March 1, 2019 through May 31, 2019; and September 1, 2019 through December 31, 2019. The lease shall be in substantial conformity with the lease marked as Exhibit 1, attached hereto and incorporated herein by reference. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional terms and conditions of the leases as may be determined to be in the best interests of the City. SECTION 3: Resolution 107-R-18 shall be in full force and effect from and after its passage and approval in the manner provided by law. 214 of 945 107-R-18 ~2~ ______________________________ Stephen H. Hagerty, Mayor Attest: ______________________________ Devon Reid, City Clerk Adopted: __________________, 2018 Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 215 of 945 107-R-18 ~3~ EXHIBIT 1 LEASE AGREEMENT 216 of 945 LEASE AGREEMENT FOR THE PREMISES LOCATED AT 927 NOYES STREET, EVANSTON, ILLINOIS, BY AND BETWEEN THE CITY OF EVANSTON, LANDLORD AND «TENANT», TENANT 217 of 945 INDEX Section Title Page Number 1 SECTION 1. DESCRIPTION OF PREMISES ......................................................................... 2 SECTION 2. TERM ................................................................................................................ 2 SECTION 3. RENT ................................................................................................................. 2 SECTION 4. COMMON FACILITIES ...................................................................................... 3 SECTION 5. USE OF PREMISES .......................................................................................... 5 SECTION 6. SIGNS ............................................................................................................... 8 SECTION 7. DEFECTS; DEFECTIVE CONDITION; WIND; ACTS OF THIRD PERSONS ......................................................................................................... 8 SECTION 8. CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT ............................ 8 SECTION 9. REPAIRS AND MAINTENANCE ....................................................................... 9 SECTION 10. UTILITIES .........................................................................................................10 SECTION 11. TAXES ..............................................................................................................10 SECTION 12. INSURANCE ....................................................................................................10 SECTION 13. SUBLETTING; ASSIGNMENT .........................................................................11 SECTION 14. SURRENDER OF PREMISES; HOLDING OVER .............................................11 SECTION 15. INDEMNIFICATION AND LIENS ......................................................................12 SECTION 16. LANDLORD’S RIGHT OF INSPECTION AND REPAIRS .................................12 SECTION 17. DEFAULT AND REMEDIES .............................................................................13 SECTION 18. TENANT OBLIGATIONS TO COMMUNITY AND ASSOCIATION ...................15 SECTION 19. REMOVAL OF OTHER LIENS .........................................................................15 SECTION 20. REMEDIES NOT EXCLUSIVE ..........................................................................16 SECTION 21. EXPENSES OF ENFORCEMENT ....................................................................16 SECTION 22. EMINENT DOMAIN ..........................................................................................16 SECTION 23. GOVERNMENTAL INTERFERENCE WITH POSSESSION .............................17 SECTION 24. PEACEFUL ENJOYMENT ...............................................................................17 SECTION 25. EFFECT OF WAIVER OF BREACH OF COVENANTS ....................................17 SECTION 26. AMENDMENTS TO BE IN WRITING ................................................................17 SECTION 27. PARTIES BOUND ............................................................................................17 SECTION 28. NOTICES ..........................................................................................................17 SECTION 29. MISCELLANEOUS ...........................................................................................18 SECTION 30. VENUE AND JURISDICTION ...........................................................................19 SECTION 31. FORCE MAJEURE ...........................................................................................19 218 of 945 2 This Lease Agreement (the “Agreement” or “Lease”) shall take effect as of the date of execution of the Agreement by the City (the “Effective Date”). This Lease is by and between The City of Evanston, an Illinois home rule municipality and owner of subject Property (“Landlord”), whose main business office is located at 2100 Ridge Avenue, Evanston, Cook County, Illinois, “Landlord”, and «Tenant», «Tenant_Description_» (“Tenant”). Landlord and Tenant may be referred to collectively as the “Parties”. SECTION 1. DESCRIPTION OF PREMISES Landlord leases to Tenants spaces «Leased_Spaces», located on the «Leased_Space_Location» floor of the property with a street address of 927 Noyes Street, Evanston, Illinois 60201 (the “Premises”), situated within the Landlord’s 3-story building located at the same common address and legally described on Exhibit A (the “Property”) and commonly known as the Noyes Cultural Arts Center (“NCAC”). The Property has various uses including artist workshops, resident young adult summer camp classes, art exhibits, and many other uses. The term “Common Facilities” as used in this Agreement will include those areas and facilities within the Property (outside of the Premises) for the nonexclusive use of Tenants in common with other authorized users, and includes, but is not limited to, sidewalks, parking area, planted areas (excluding the adjoining park area), common area restrooms and open means of ingress and egress. Tenants will have the non- exclusive right to use the Common Facilities, including the washrooms referenced above. SECTION 2. TERM The term of this Agreement will be for one year, January 1, 2019 – December 31, 2019 (the “Term”). Tenants must provide Landlord with 90 days’ notice to request a renewal of the Agreement for the Premises. Landlord, in its sole discretion, may decide that a Renewal Term is not necessary and in the best interests of the City. Renewal of the Agreement must be authorized by written consent of the Parties and must be authorized by the City Council. SECTION 3. RENT A. RATE: Tenants agree to pay Landlord an annual rental payment (the “Rent”) in accordance with the following schedule: 1. For the period of January 1st – December 31st (twelve months), the Rent rate is $«Rent_rate» per month, for total Rent of $«Total_Rent» for the twelve months. B. PAYMENTS. The Rent outlined in Section 3[A][1] above shall be paid in accordance with said Section. C. Any and all Rent PAYMENTS under this Lease shall be mailed to: City of Evanston Parks, Recreation, and Community Services Department 2100 Ridge Avenue, First Floor Evanston, IL 60201 219 of 945 3 D. PROPERTY FEES SCHEDULE: Attached as Exhibit B is a schedule of fees for all tenants of the Property, if applicable, including Tenant (“NCAC Property Fees”). To the extent incurred by Tenant, the NCAC Property Fees specified on the fee schedule will be invoiced separately and shall be paid by the due date listed on the invoice. To the extent incurred by Tenants, the NCAC Property Fees are to be paid by Tenants regardless of the applicable rental rate specified in Section 3 [A]. Tenants acknowledges that they will reimburse the City for use of the Common Facilities (as specified on Exhibit B) after the standard business hours set by the City and the Association, which hours shall not be less than the following hours throughout the Term (including any Extended Term): 8:00 a.m. – 11:00 p.m. Monday – Friday; 8:30 a.m. – 11:00 p.m. on Saturday; and 10 a.m. – 6:00 p.m. on Sunday (the “Business Hours”). E. SURCHARGE: 1. Tenant acknowledges and agrees that all non-Evanston residents (individuals only) are assessed a 20% surcharge on rent. The 20% surcharge will not be applicable to non-Evanston resident Sub-lessees if the Lessee (individuals only) is an Evanston resident. The 20% surcharge is applicable to a non-Evanston resident Sub- lessee only if and when the Sub-lessee assumes the remainder of the entire lease or a co-lease, or upon termination by Lessee or the Lessor. In order for an Organization to be exempt from incurring a 20% surcharge, its principal place of business must be in Evanston. Organizations must attach Articles of Incorporation to this Lease. 2. Monthly rental charges assessed to Sub-lessees will not be in excess of one-half the rent charged to Lessee by the Lessor. A written sublease agreement between the Lessee and Sub-lessee must be given to the Lessor covering the lease terms prior to Sub-lessee’s use of space. The sublease agreement must include the payment schedule and the dollar amount paid by Sub-lessee to Lessee. Community service obligations assessed to Sub-lessee are in addition to the full obligation assessed to Lessee. Therefore, the Community Engagement obligations assessed to Lessee will not decrease as a result of a sublease. SECTION 4. COMMON FACILITIES A. MAINTENANCE BY LANDLORD: Tenants acknowledge that they have leased the Premises for many years and receive the Premises, Common Facilities and remainder of the Property in as-is condition, and acknowledge that the Landlord has made no representations to the condition or has made any repairs to same. The Landlord or Landlord’s staff or other representatives have made no representations or assurances that it will alter or remodel the Premises or Property. Landlord shall, when necessary, as determined by Landlord, in its reasonable discretion or when required by applicable laws, perform, repair and maintain all of the following: 1. Exterior maintenance, including the foundation, exterior walls, slab, common area doors and roof; 2. A refuse container to be shared by all tenants in the Property to be located at the Property in reasonable proximity to the Premises. Landlord will contract, to have trash hauled from such container with reasonable frequency; 220 of 945 4 3. Electric facilities and systems, gas facilities and systems and the HVAC unit(s) and systems (including the portions of such systems serving the Premises exclusively); 4. Plumbing and water facilities and systems (including the portions of such systems serving the Premises exclusively); 5. Fire and life safety systems and fire alarm systems, including inspections thereof (including the portions of such systems serving the Premises exclusively); 6. Hallways, stair rails, and related elements, and restrooms and other Common Facilities, including the parking lot serving the Property; 7. Snow and ice removal, including salting, from front walkway of Premises and parking spaces in front of the Property within 48 hours of any snow event with accumulation of an 1 inch or more; and 8. Change light bulbs, ballasts and tubes in any fluorescent or comparable light fixtures in the Premises. Notwithstanding the foregoing, Tenant will change light bulbs, ballasts and tubes which are considered specialty lighting and related to performance activities. 9. Maintain the HVAC units in the Premises, the HVAC units are the property of the Landlord and shall remain in the Premises at the end of the Term. B. MAINTENANCE BY TENANTS: 1. Interior non-structural Premises maintenance and all fixtures and property within the Premises other than (a) utility, HVAC or fire/life safety facilities and systems and (b) any items Landlord is required to maintain pursuant to Section 4[A]; 2. All refuse from Premises to be placed in appropriate containers and Tenants cannot dispose of construction building materials in the standard refuse containers and must arrange for special pick-ups and containers for said materials; 3. The Tenants will at all times maintain all of the Premises in a clean, neat and orderly condition. The Tenants will not use the Premises in a manner that will violate or make void or inoperative any policy of insurance held by the Landlord. The Tenants shall pay the Landlord for overtime wages for staff and for any other related expenses incurred in the event that repairs, alterations or other work in the Premises required or permitted hereunder are not made during ordinary Business Hours (as defined in Section 3[E]) at the Tenant’s request. 4. Tenants will keep the interior non-structural portions of the Premises, including all interior, non-structural walls, surfaces and appurtenances (other than systems and any other items that Landlord is required to maintain pursuant to Section 4[A]), in good repair. Tenants shall be responsible for repairs, damages and losses for damages sustained outside the Premises to other NCAC tenant’s personal property or leased area attributable to Tenant’s negligence or intentional misconduct, subject to Section 12[E]. All such damage must be reported in writing to the Director of Parks, 221 of 945 5 Recreation and Community Services, or his/her designee, by the next City of Evanston business day, after discovery of such damage by Tenants. 5. Repairs by Tenants must have prior written approval by the Director of Parks, Recreation and Community Services, or his or her designee, and must occur within thirty (30) days of such approval unless the Director of Parks, Recreation and Community Services, or his or her designee, gives a prior written request or grants approval for an extension beyond the thirty (30) days (or unless such repairs cannot reasonably be completed within thirty (30) days, in which case, Tenant shall have such additional time as is reasonably required). If Tenants fail to make the necessary repairs by the date determined by the Lessor, the Landlord has the option to make the necessary repairs and Tenants agree to promptly pay for those repairs upon presentation of an invoice by the Landlord to the Tenant. Tenants are required upon lease termination to leave space in good repair and condition. Maintenance and repair issues which constitute a life and safety hazard must be corrected within twenty-four (24) hours after discovery by Tenants, provided that the issue can be fixed within that time frame. If the issue cannot be fixed within twenty-four (24) hours after discovery by Tenants, the Tenants must provide a schedule for repair within one (1) business day after discovery by Tenants to the Director of Parks, Recreation and Community Services for approval, which cannot be unreasonably withheld. SECTION 5. USE OF PREMISES A. PURPOSES: Tenants will use the Premises to operate a «Tenant_Specific_Use_of_Premises», and other related business and uses incidental thereto, and no part of the Premises will be used for any other purpose without the prior written consent of Landlord (the “Permitted Use”). If Tenants endeavors to apply for a liquor license for the Premises, the Landlord gives its written consent for said application to be submitted and reviewed by the City in conformance with the City Code procedures, as amended. The City agrees to cause such license to be granted if Tenants meets applicable requirements. B. HOURS OF OPERATION AND LANDLORD ACCESS: 1. Tenant’s use of the Premises shall only be for the permitted use. Tenants shall have the right to conduct their business in the Premises during the Business Hours (as defined in Section 3[E]) of the Property. In addition, Tenants’ staff, agents, employees and contractors may access the Premises twenty-four hours a day, seven days a week, but shall not have access to the interior Common Facilities after the Business Hours (as defined in Section 3[C]) of the Property. The Property will be closed on holidays/days as observed by the City of Evanston (but Tenants will still have access to the Premises). 2. The Landlord shall have the right to retain a set of keys to the Premises, and Tenants shall not change any locks for the Premises to any other lock, other than a lock consistent with the Landlord’s master lock for the Property. The Tenants shall permit the Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises concealed to the greatest extent possible, above ceiling, under floor or in walls that don’t reduce the square footage of the Premises and don’t materially affect Tenants’ use of the Premises. The Landlord shall have the right to enter upon the Premises with 24 hours prior written notice or without notice in case of an emergency, to control heat, electricity and air conditioning, to inspect the same, and to make such 222 of 945 6 repairs, alterations, improvements or additions to the Premises or the NCAC, as the Landlord may deem necessary or desirable. Tenants will not cease any Rent payments while repairs, alterations, improvements, or additions are being made, by reason of loss or interruption of business of the Tenants, or otherwise, provided Landlord shall complete such work as quickly as reasonably possible. Notwithstanding the foregoing, if a portion of the Premises is unusable for the purpose contemplated hereunder for a period of greater than 5 days (including, without limitation, as a result of a casualty or a condemnation or the repairs required in connection therewith), the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage. Notwithstanding anything to the contrary contained herein, Landlord shall not have the right to alter the Premises except as expressly required or permitted hereunder. Notwithstanding the foregoing, if the repairs, alterations, improvements, or additions are at a Tenant’s request or if the repairs are necessitated by a Tenant’s actions, then the Tenants may not cease any rent for any period, unless the Premises are unusable as a result of the negligence or intentional misconduct of Landlord or its agents, employees or contractors. If a Tenant shall not be personally present to open and permit an entry into Premises, at any time, when for any reason an entry therein shall be necessary or permissible, the Landlord or the Lessor's agents may enter the same by using the key, or may forcibly enter the same, without rendering the Landlord or such agents liable therefore (if during such entry the Landlord or the Lessor's agents shall accord reasonable care to Tenants’ property), and without in any manner affecting the obligations and covenants of this Lease. 3. Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Premises or any part thereof, other than as herein provided. The Landlord shall also have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to the Tenants therefore, to change the arrangement and/or location of Common Facilities, including entrances or passageways, doors and doorways, and corridors, stairs, toilets or public parts of the NCAC, and to close Common Facilities (as and when reasonably necessary for Landlord to perform its obligations hereunder or exercise its rights or as necessary due to Force Majeure), including entrances, doors, corridors or other facilities. The Landlord shall not be liable to the Tenants for any expense, injury, loss or damage resulting from work done by persons other than the Landlord in or upon, or the use of, any adjacent or nearby building, land, street, or alley. C. LOCKING OF PREMISES: All doors to the Premises must be kept locked at all times except during the Business Hours (as defined in Section 3[E]). Tenants shall not open the door to anyone in the late hours. The door may not be propped open for any reason. During normal Business Hours (as defined in Section 3[E]) for the Property, patrons and users of the Property shall have access to the Common Facilities. Tenants shall not have use of Common Facilities after the Business Hours (as defined in Section 3[E]) unless Tenant pays the Facilities Fee (as specified in Exhibit B) for keeping the Property and the Common Facilities open. D. STORAGE OF INFLAMMABLE MATERIALS: Tenants agree that they will not permit to be kept at the Premises any gasoline, distillate or other petroleum product, or other substance of an explosive or inflammable nature as may endanger any part of the premises 223 of 945 7 without the written consent of the Landlord, provided that Tenants can maintain customary cleaning products in the Premises. E. USE IMPAIRING STRUCTURAL STRENGTH: The Tenants will not permit the Premises to be used in any manner that will impair the structural strength of the Premises, or permit the installment of any machinery or apparatus the weight or vibration of which may tend to impair the building’s foundations or structural strength. F. GARBAGE DISPOSAL: The Tenants will not incinerate any garbage or debris in or about the Premises, and will cause all containers, rubbish, garbage and debris stored in the Premises to be placed in the refuse container supplied by Landlord for the Property before accumulation of any substantial quantity. G. PUBLIC REGULATIONS: In the conduct of its business on the Premises, Tenants will observe and comply with all laws, ordinances and regulations of public authorities. Tenants acknowledge that the Property is owned by the City of Evanston and therefore no smoking will be permitted at the Property. H. OTHER MISUSE: Tenants will not permit any unlawful or immoral practice with or without his knowledge or consent, to be committed or carried on in the Premises by Tenants or any other person. Tenant will not use or allow the use of the Premises for any purpose whatsoever that will injure the reputation of the Premises or of the building of which they are a part. I. PARKING REGULATIONS: The NCAC has a total of fifty (50) parking spaces, consisting of thirty-five (35) permit spaces (including four [4] marked for compact cars) and twelve (12) metered spaces and three (3) handicapped spaces in the Property parking lot, which is Lot #51 and is immediately adjacent to the Premises (the “Property Parking Lot”). The Landlord acknowledges that it will not decrease the total number of parking spaces in the Property Parking Lot during the Lease Term, but Landlord reserves the right to reconfigure the parking lot and/or increase the parking spaces. For the permit parking spaces, annual parking permit fees shall be in accordance with the schedule previously referenced as Exhibit B and be billed separately. Parking permit fees are not prorated and will change over the Term of the Lease at the discretion of the Landlord. All annual parking permits issued will be billed on a monthly basis and are not returnable with the exception of permits which are transferred. There will be a $25.00 transfer fee assessed for all annual permits which are to be reissued unless: 1) the old permit or remnants of the old permit is returned displaying the lot number and the permit number minimally; or 2) proof that the vehicle was sold by producing a bill of sale. Monthly and annual parking permits for the Property Parking Lot are authorized only for Leaseholders, Sub-Tenants, staff and/or students attending classes at Noyes on a regular basis and Landlord will not permit businesses (or other invitees) outside of the NCAC to get permits for the Property Parking Lot. Use of permits is on a first-come, first serve basis for spaces available in the Property Parking Lot. Parking permits are not to be transferred to vehicles other than the vehicle for which the permit was issued unless prior written approval by the Director of Parks, Recreation and Community Services is obtained. Parking Permit privileges will be considered by the Director of Parks, Recreation and Community Services or designee for other regular NCAC users on a case-by-case basis. All Authorization Forms must be signed by Tenants or their authorized designee(s), and by an NCAC staff member before parking permits can be purchased. Temporary one-day parking permits are available for individuals attending special functions at the NCAC, and for visitors and others using the NCAC, who are pre- 224 of 945 8 approved by the Director of Parks, Recreation and Community Services or designee. Temporary parking permits are not available to parents or caregivers waiting for students attending classes or to attendees of performances. Tenants understand, and will inform their staff, students and patrons to observe all posted parking regulations. Parking permits will not be issued to individuals with an expired driver’s license. Landlord will maintain the current parking lot serving the Property as a parking lot throughout the term of this Lease. SECTION 6. SIGNS Tenants may apply for signage (temporary and permanent signage) for the exterior and interior of the Premises, at its own expense, in order to conduct the business of Tenants. Tenants acknowledge that there are limitations from the City of Evanston Municipal Code of 2012, as amended, and the Code governs the application process and the details regarding size, type, and number of signs and Tenants agree to be bound by such ordinances. Landlord cannot make representations in a lease agreement that Tenants shall be entitled additional signage, a certain number of signs and/or dimensions of proposed signage, because the Tenants must make an application to the Sign Review Board, as provided by Code, but Landlord will not withhold its consent to a reasonably sized sign over the new entrance to the Premises. SECTION 7. DEFECTS; DEFECTIVE CONDITION; WIND; ACTS OF THIRD PERSONS Except as provided by Illinois law and except to the extent arising from the negligence or intentional misconduct of Landlord or its agents, employees or contractors, or from the breach of this Lease by Landlord, Landlord will not be liable to Tenants for any damage or injury to Tenants or Tenants’ property occasioned by the failure of Landlord to keep the Premises in repair, and shall not be liable for any injury done or occasioned by wind or by or from any defect of plumbing, electric wiring or of insulation thereof, gas pipes, water pipes or steam pipes, or from broken stairs, porches, railings or walks, or from the backing up of any sewer pipe or down-spout or from the bursting, leaking or running of any tank, tub, washstand, water closet or waste pipe, drain, or any other pipe or tank in, upon or about the Premises or the building of which they are a part nor from the escape of steam or hot water from any radiator, nor for any such damage or injury occasioned by water, snow or ice being upon or coming through the roof, skylight, trap door, stairs, walks or any other place upon or near the Premises, or otherwise, nor for any such damage or injury done or occasioned by the falling of any fixture, plaster, or stucco, nor for any damage or injury arising from any act, omission or negligence or co-tenants or of other persons, occupants of the same building or of adjoining or contiguous buildings or of owners of adjacent or contiguous property, or of Landlord’s agents or Landlord, all claims for any such damage or injury being hereby expressly waived by Tenants. Notwithstanding the foregoing, if any portion of the Premises unusable for the purpose contemplated hereunder for a period of greater than 5 days, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage. SECTION 8. CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT A. USE OF PARTIALLY DAMAGED PREMISES: On damage or destruction by a casualty to the Premises, Tenants will continue to use them for the operation of its business to the extent practicable 225 of 945 9 B. RIGHT TO TERMINATE ON DESTRUCTION OF TWO-THIRDS OF PREMISES: Either Party will have the right to terminate this Agreement if, the Premises is damaged by a casualty to an extent exceeding two-thirds of the reconstruction cost of the Premises as a whole. If such damage occurs, this termination will be affected by written notice to the other Party, delivered within 90 days of the damage. C. REPAIRS BY LANDLORD: If the Premises are damaged by a casualty before or after the start of the Agreement, then Landlord will immediately, on receipt of insurance proceeds paid in connection with casualty damage, but no later than sixty days after damage has occurred, proceed to repair the Property. Repairs will include any improvements made by Landlord or by Tenants with Landlord’s consent, on the same plan and design as existed immediately before the damage occurred, subject to those delays reasonably attributable to governmental restrictions or failure to obtain materials, labor or other causes, whether similar or dissimilar, beyond the control of Landlord. Materials used in repair will be as nearly like original materials as reasonably procured in regular channels of supply. Wherever cause beyond the power of the party affected causes delay, the period of delay will be added to the period in this lease for completion of the work, reconstruction or replacement. D. REDUCTION OF RENT DURING REPAIRS: If a portion of the Premises is unusable for the purpose contemplated hereunder for a period of greater than 5 days, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage No rent will be payable while the Premises is wholly unoccupied pending the repair of casualty damage. E. FIRE AND CASUALTY. If the Premises are entirely destroyed by fire or another act of God, and Landlord elects to not rebuild the Premises, then this Agreement shall be terminated effective as of the date of the casualty. SECTION 9. REPAIRS AND MAINTENANCE Except to the extent any of the following is Landlord’s obligation pursuant to Section 4[A], Tenants shall keep the interior, non-structural portions of the Premises in a clean condition, and in good repair, all according to the statutes and ordinances in such cases made and provided, and the directions of public officers thereunto duly authorized, all at Tenants’ own expense, and shall yield the same back to Landlord, upon the termination of this Agreement, whether such termination shall occur by expiration of the term, or in any other manner whatsoever, in the same condition of cleanliness and repair as at the date of the execution hereof, loss by fire and reasonable wear and tear excepted. Except to the extent any of the following is Landlord’s obligation pursuant to Section 4[A], Tenant shall make all necessary repairs and renewals upon Premises and replace broken fixtures with material of the same size and quality as that broken. If, however, the Premises shall not thus be kept in good repair and in a clean condition by Tenants, as aforesaid, Landlord may enter the same, or by Landlord’s agents, servants or employees, without such entering causing or constituting a termination of this Agreement or an interference with the possession of the Premises by Tenants, and Landlord may replace the same in the same condition of repair and cleanliness as existed at the date of execution hereof, and Tenants agree to pay Landlord, in addition to the rent hereby reserved, the expenses of Landlord in thus replacing the Premises in that condition. Tenants shall not cause or permit any waste, misuse or neglect of the water, or of the water, gas or electric fixtures. 226 of 945 10 Tenants will also be in compliance with all laws and regulations during the entire term of this Agreement, except for repairs required of the Landlord to be made and damage occasioned by fire, hurricane or other causes as provided for in this Agreement. SECTION 10. UTILITIES Landlord agrees to pay before delinquency all charges for gas, water, heat, electricity, power and other similar charges incurred by Landlord or Tenants with respect to the Premises or the Property during the Term of this Agreement and Tenants’ occupancy of the Premises. SECTION 11. TAXES If applicable, Tenants will pay before delinquency all taxes levied on Tenants’ fixtures, equipment and personal property on the demised Premises, whether or not affixed to the real property. Landlord will pay all real estate taxes for the Property. SECTION 12. INSURANCE A. INSURANCE COMPANIES: It is agreed that any policies of insurance to be maintained by the respective parties will be obtained from good and solvent insurance companies. Only companies with an “A” Policyholder’s Rating with the Alfred Best Company will be acceptable. B. TENANT TO OBTAIN LIABILITY INSURANCE: Tenants agree that they will, at their expense, maintain a policy of insurance, written by responsible insurance carriers, approved by Landlord that will insure Tenants against liability for injury to or death of persons or damage to property occurring about the Premises. Landlord will be named as an additional insured. The liability under insurance will be at least $1 million for any one person injured or killed or any one occurrence, $2 million general aggregate coverage for any one accident, and $ 100,000.00 property damage. Tenants will obtain an endorsement and Certificate of Insurance naming the Landlord as an additional insured from Tenants’ carrier (during the term of the Lease, including Premises Improvement construction) and all contractors during the construction of the Premises Improvements and any other renovation or construction at the Premises. Annually, Tenant shall provide copies of the insurance policy and all endorsements thereto to Landlord. Tenant shall send the policy to the Law Department on or before January 1st of every year this Lease is in effect. If the Tenant fails to comply with this requirement, that shall constitute a default by Tenant. C. TENANTS TO OBTAIN WORKER’S COMPENSATION INSURANCE: Tenants agree to maintain employees’ Worker’s Compensation insurance required under Illinois law. D. TENANTS TO OBTAIN INSURANCE ON FIXTURES AND EQUIPMENT: The Tenants agree to maintain on all trade fixtures and personal property in the Premises, a policy of insurance approved by the Landlord of at least 90% of the insurable replacement value of all trade fixtures and personal property. E. LANDLORD TO OBTAIN FIRE INSURANCE ON PREMISES: Landlord agrees to maintain during this Agreement, a policy of property insurance covering any peril generally included in the classification ISO Causes of Loss – Special Form (a “Special Form Policy”) and covering at least 80% of the full replacement cost of the Premises and Property (or Landlord may self-insure for such coverage). If permitted without additional charge, Landlord will cause to 227 of 945 11 be endorsed on its property insurance, and any extended coverage policy or policies, the waiver of right of subrogation. Landlord hereby agrees to waive any claims against Tenant and its agents and employees to the extent the same could be covered by a Special Form Policy, regardless if the same is maintained by the City. F. TENANTS’ WAIVER OF CASUALTY INSURANCE PROCEEDS: If the Premises are damaged by fire or other casualty insured against, Tenants agree to claim no interest in any insurance settlement arising out of any loss where premiums are paid by Landlord, or where Landlord is named as sole beneficiary, and that it will sign all documents required by Landlord or the insurance company necessary in connection with the settlement of any loss. G. CONTROL OF INSURANCE PROCEEDS TO AVOID TAXABLE GAIN: If the Premises, including any improvements, were to be damaged in any manner, and the receipt of any insurance proceeds or other reimbursement for such damage would result in the realization of taxable gain for federal or state purposes, then the party to whom the gain would be taxed will have the right to take all action respecting proceeds or reimbursements necessary to enable party to comply with any regulations of the appropriate taxing authorities, so that the gain will not be recognized for tax purposes. Nothing here will be construed to entitle Landlord to delay any repairs to any part of the improvements in the event of damage. H. TENANTS’ FAILURE TO INSURE: Should Tenants fail to keep in effect and pay for insurance as required by this section, the Landlord may terminate this Lease immediately. SECTION 13. SUBLETTING; ASSIGNMENT The Tenants shall be allowed to sublet a portion of the Premises to another entity or individual(s) (“Sub-Tenant”) for a period of eighty nine (89) days or less in conformance with the original use stated in Section 5[A] and Tenants do not need the Lessor’s consent. If the Tenants seek to sublet a portion of the Premises to a Sub-Tenant for a period of time ninety (90) days or more, then the Tenants must have the written consent of the Landlord and such consent shall not be unreasonably withheld. For all subleases, the Tenants shall obtain a certificate of insurance from the Sub-Tenant prior to commencement of the sublease, naming the City of Evanston as an additional insured for the period of occupancy. If Tenant, or any one or more of the Tenants, if there be more than one, shall make an assignment for the benefit of creditors, or shall file for bankruptcy protection, Landlord may terminate this Agreement, and in such event Tenant shall at once pay Landlord a sum of money equal to the entire amount of rent reserved by this Agreement for the then unexpired portion of the term hereby created less the reasonable rental value (as defined in Section 17[G] below) of the Premises as liquidated damages. At Landlord’s option, should Landlord consent to any assignment or sublease of the demised Premises, Tenant shall nevertheless remain liable for all terms and conditions of this Agreement until the expiration of the Agreement term stated above. SECTION 14. SURRENDER OF PREMISES; HOLDING OVER Tenants will, at the termination of this Lease, leave the Premises in as good condition as they are in at the time of entry by Tenants, except for reasonable use and wear, acts of God, or damage by casualty beyond the control of Tenants. On vacating, Tenants will leave the Premises clear of all rubbish and debris. If Tenants retain possession of the Premises or any part thereof after the termination of the term by lapse of time or otherwise, then Landlord may at its option within thirty days after termination of the term serve written notice upon Tenants that 228 of 945 12 such holding over constitutes the creation of a month to month tenancy, upon the terms of this Agreement. Tenants shall also pay to Landlord all damages sustained by Landlord resulting from retention of possession by Tenants. The provisions of this paragraph shall not constitute a waiver by Landlord of any right of re-entry as hereinafter set forth; nor shall receipt of any rent or any other act in apparent affirmation of tenancy operate as a waiver of the right to terminate this Agreement for a breach of any of the covenants herein. SECTION 15. INDEMNIFICATION AND LIENS A. LIENS AND ENCUMBRANCES: The Tenants will hold the Landlord harmless from all claims, liens, claims of lien, demands, charges, encumbrances or litigation arising out of any work or activity of Tenants on the Premises. Tenant wills, within sixty (60) days after filing of any lien, fully pay and satisfy the lien and reimburse Landlord for all resulting loss and expense, including a reasonable attorney’s fees. Provided, however, in the event that Tenants contest any lien so filed in good faith and pursues an active defense of said lien, Tenants shall not be in default of this paragraph. However, in the event of any final judgment against Tenants regarding such lien, Tenants agree to pay such judgment and satisfy such lien within 60 days of the entry of any such judgment. B. DISCHARGE OF LIEN: If Tenants fail to fully discharge any claim, lien, claim of lien, demand, charge, encumbrance, or litigation, or should proceedings be instituted for the foreclosure of any lien or encumbrance, and if judgment is rendered against Tenants either by a court of competent jurisdiction or by arbitration and Tenants still persists in non-payment of the same within the 60 days set forth above, Landlord will have the right at any time after expiration of the 60-day period, to pay the lien or encumbrance. All amounts so paid will be repaid by the Tenants on demand, together with interest at the rate of __10__% per year from the date of payment and shall be considered additional rent owed to Landlord by Tenants. C. INDEMNIFICATION OF LANDLORD: Except as otherwise provided in this Agreement, and except to the extent caused by the negligence or willful misconduct of Landlord, or its agents, employees or contractors, or by the breach of this Lease by Landlord, Tenants shall protect, defend, indemnify and save Landlord and its officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from (i) any matter, condition or thing that occurs in the Premises, which is not the result of Landlord’s negligence or willful misconduct, or (ii) any negligence or willful misconduct of Tenants, or their agents, employees or contractors. D. INDEMNIFICATION OF TENANTS. Except as otherwise provided in this Agreement, and except to the extent caused by the negligence or willful misconduct of Tenants, or its agents, employees or contractors, or by the breach of this Lease by Tenants, Landlord shall protect, defend, indemnify and save Tenants and their officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from (i) any matter, condition or thing that occurs in the Common Facilities, which is not the result of Tenants’ negligence, or willful misconduct or (ii) any negligence or willful misconduct of Landlord, or its agents, employees or contractors. SECTION 16. LANDLORD’S RIGHT OF INSPECTION AND REPAIRS Tenants shall allow Landlord or any person authorized by Landlord reasonable access to the Premises during the Business Hours (as defined in Section 3[E]) for the purpose of 229 of 945 13 examining or exhibiting the same, or to make any repairs or alterations thereof which Landlord may see fit to make (provided that Landlord cannot make voluntary alterations or modifications to the Premises without Tenant’s consent). If the Tenants do not exercise the Option to renew the Lease and/or will be vacating the Premises at or prior to the end of the Term, Tenants will also allow Landlord to have placed upon the Premises at all times notices of “For Sale” and/or “For Rent” and Tenants will not interfere with the same. SECTION 17. DEFAULT AND REMEDIES A. EVENT OF DEFAULT: Any one of the following events shall be deemed to be an event of default hereunder by Tenants subject to Tenants’ right to cure: 1. Tenants shall fail to pay any item of Base Rent at the time and place when and where due and does not cure such failure within five (5) business days after Rent is due; 2. Tenants shall fail to maintain the insurance coverage as set forth herein; 3. Tenants shall fail to comply with any term, provision, condition or covenant of this Lease, other than the payment of rent, and shall not cure, any such failure, within fifteen (15) days after written notice to the Tenants of such failure; 4. Tenants shall make a general assignment the benefit of creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy; or B. OCCURRENCE OF AN EVENT: Upon the occurrence of any event of default, Landlord shall have the option to pursue any one or more of the following remedies subject to the laws of the State of Illinois and the Tenants’ right to cure: 1. Terminate this Lease, in which event Tenants shall immediately surrender the Premises to Landlord, but if Tenants fail to do so, Landlord may, without further notice and without prejudice to any other remedy Landlord may have for possession or arrearages in rent, or damages for breach of contract, enter upon the Premises and expel or remove and with or without notice of such election or any notice or demand whatsoever, this Agreement shall thereupon terminate and upon the termination of Tenants’ right of possession, as aforesaid, whether this Agreement be terminated or not, Tenants agree to surrender possession of the Premises immediately, without the receipt of any demand for rent, notice to quit or demand for possession of the Premises whatsoever and hereby grants to Landlord full and free license to enter into and upon the Premises or any part thereof, to take possession thereof with or (to the extent permitted by law) without process of law, and to expel and to remove Tenants or any other person who may be occupying the Premises or any part thereof, and Landlord may use such force in and about expelling and removing Tenants and other persons as may reasonably be necessary, and Landlord may re-possess itself of the Premises, but such entry of the Premises shall not constitute a trespass or forcible entry or detainer, nor shall it cause a forfeiture of rents due by virtue thereof, nor a waiver of any covenant, agreement or promise in this Agreement contained to be performed by Tenants. Tenants agree to indemnify Landlord for all loss and damage which Landlord may suffer by reason of such lease termination, whether through inability to re-let the Premises, or through decrease in Rent, or otherwise. 230 of 945 14 2. Landlord may recover from Tenants upon demand all of Landlord’s costs, charges and expenses, including the fees and costs of counsel, agents and others retained by Landlord which have been incurred by Landlord in enforcing Tenants’ obligations hereunder, subject to Landlord prevailing on its claims. 3. Pursuit of any of the foregoing remedies shall not preclude pursuit of any other remedy herein provided or available to Landlord at law or in equity, or constitute a forfeiture or waiver of any Rent due hereunder or of any damages suffered by Landlord. C. REPOSSESSION OR RELETTING NOT A TERMINATION; LANDLORD’S RIGHT TO TERMINATE NOT FORFEITED: No repossession, operation or re-letting of the Premises or of fixtures and equipment will be construed as an election by Landlord to terminate this Agreement unless a written notice is given by the Landlord to the Tenants. The Landlord may terminate this Agreement if the Tenants remain in default (beyond any applicable notice and cure period). The acceptance of rent, whether in a single instance or repeatedly, after it falls due, or after knowledge of any breach hereof by Tenants, or the giving or making of any notice or demand, whether according to any statutory provision or not, or any act or series of acts except written waiver, shall not be construed as a waiver of Landlord’s rights to act without notice or demand or of any other right hereby given Landlord, or as an election not to proceed under the provisions of this Agreement. D. TENANTS’ OBLIGATION TO PAY DEFICIENCIES: If rentals received by the Landlord from re-letting the Premises under the provisions of this section are insufficient to pay all expenses and amounts due, Tenants will pay any deficiencies to the Landlord on demand and be declared in default for failure to pay. E. LANDLORD’S RIGHT TO PERFORM TENANTS’ DUTIES AT TENANTS’ COST: If in Landlord’s judgment any default by Tenants will jeopardize the Premises or the rights of Landlord, Landlord may, without notice, elect to cure Tenants’ default and Tenants will reimburse Landlord, with interest, on 10-days’ notice by Landlord to Tenants. F. LANDLORD’S RIGHT TO TERMINATE AGREEMENT: If there is an event of default by Tenants as stated in Paragraph A of this section, Landlord may, without further notice, terminate this Agreement and all interest of Tenants and may take possession of the Premises by legal proceedings. G. LANDLORD’S RIGHT ON TERMINATION TO RECOVER AMOUNT EQUAL TO RENT RESERVED: If this Agreement is terminated by Landlord due to any event of default by Tenants, Landlord will be entitled to recover from Tenants, at termination, the excess, if any, of the rent reserved in this Agreement for the balance of the term over the reasonable rental value of the Premises for the same period. The “reasonable rental value” will be the amount of rental Landlord can obtain as rent for the balance of the term. H. LANDLORD’S REMEDIES CUMULATIVE: All of the remedies given to Landlord in this Agreement or by law are cumulative, and the exercise of one remedy by the Landlord will not impair its right to exercise any other right or remedy. Landlord shall not look to the property or assets of any direct or indirect partner, member, manager, shareholder, director, officer, principal, employee or agent of Tenants in seeking either to enforce Tenants’ obligations under this Agreement or to satisfy a judgment for Tenants’ failure to perform such obligations; and none of such parties shall be personally liable for the performance of Tenants’ obligations under this Agreement. 231 of 945 15 SECTION 18. TENANT OBLIGATIONS TO COMMUNITY AND ASSOCIATION A. NOYES CENTER TENANT’S ASSOCIATION: The Tenants acknowledge and agree that it has the right to be a member of the Noyes Center Tenant’s Association (the “Association”) formed by the tenants of the Property. The Association will provide advisory guidance and opinions to City staff on many issues, including, tenant responsibilities and duties with respect to the Property and its Common Area. The Association is structured to focus on certain tasks and advise the City on issues such as the following examples: (a) Provide answers to general questions about offerings by Noyes tenants and directions to studios; (b) Review requirements for community engagement of tenants as needed and make recommendations to the City for any additions or changes; (c) Review any subleases of tenants of ninety (90) days duration or more; (d) Review proposed annual operating budget for Center and proposed rental increases; (e) Review annual and five year capital improvement program for Center and make recommendations to City on spending priorities; and (f) Together with the Evanston Arts Council, review applications of new tenants at Noyes and make recommendations to City on spending priorities. B. COMMUNITY ENGAGEMENT: Tenants will develop reasonable set programs (e.g. donated tickets for certain events, community theater events [including use of theater or other portions of the Premises by other not-for-profit organizations, and scholarships) to be a steward for the arts in the community. By April 1, 2019, the Tenants will have an action plan developed to address its community engagement program and review its proposed program in consultation with the City Manager and the NCAC Association. If Tenants do not provide an action plan within the time period provided or provide the community engagement programs established between the parties, the Landlord shall send written notice of default, providing Tenants with fourteen (14) days to cure the default. The annual value of the Community Engagement provided by Tenants shall be not less than $«Minimum_Community_Engagement_Amount» for the period between January 1, 2019 through December 31, 2019 (“Minimum Community Engagement”). For purposes of calculating the Minimum Community Engagement annual value, each hour of service, inclusive of preparation time, is valued at forty dollars ($40.00) per hour. Additionally, the Minimum Community Engagement annual value may include the fair market value of goods and/or supplies provided in furtherance of the Tenant’s community engagement obligation. Any overage provided by Tenants above the Minimum Community Engagement level for either of the prior two (2) years can be applied as a credit to any deficiency for the current calendar year. If Tenants do not provide the Community Engagement by December 31, 2019 as required and does not cure the default within 15 days of written notice, then Tenants shall pay Landlord a fee equal to 15% of the twelve month’s rent outlined Section 3[A] ($«Insert_15_of_12_months_rent») less the value of the Community Engagement provided during the calendar year. SECTION 19. REMOVAL OF OTHER LIENS In event any lien upon Landlord’s title results from any act or neglect of Tenants and Tenants fail to remove said lien within thirty (30) days after Landlord’s notice to do so, Landlord may remove the lien by paying the full amount thereof or otherwise and without any investigation or contest of the validity thereof and Tenants shall pay Landlord upon request the amount paid out by Landlord in such behalf, including Landlord’s costs, expenses and attorney’s fees. If Tenants demonstrate to Landlord that Tenants are contesting the validity of said lien in good faith, then Landlord shall allow Tenants to so contest such lien until either Tenant either abandons such contest or a final verdict is reached in a court of competent jurisdiction. Any 232 of 945 16 amount advanced on behalf of Tenants shall be paid to Landlord by Tenants within 30 days after such advancement is made together with interest at 9% per annum and such amount shall be considered additional rentals (including any overage provided in either of the two [2] immediately preceding years). SECTION 20. REMEDIES NOT EXCLUSIVE The obligation of Tenants to pay the rent reserved hereby during the balance of the term hereof, or during any extension hereof, shall not be deemed to be waived, released or terminated, by the service of any five-day notice, other notice to collect, demand for possession, or notice that the tenancy hereby created will be terminated on the date therein named, the institution of any action of forcible detainer or ejectment or any judgment for possession that may be rendered in such action, or any other act or acts resulting in the termination of Tenants’ right to possession of the Premises. The Landlord may collect and receive any rent due from Tenants and payment or receipt thereof shall not waive or affect any such notice, demand, suit or judgment, or in any manner whatsoever waive, affect, change, modify or alter any rights or remedies which Landlord may have by virtue hereof. SECTION 21. EXPENSES OF ENFORCEMENT Tenants, if Landlord is the prevailing party, shall pay upon demand all Landlord’s costs, charges and expenses, including attorney’s fees, agents fees and fees of others retained by Landlord, incurred in enforcing any of the obligations of Tenants under this Agreement, or in any litigation, negotiation or transaction in which Landlord shall, without Landlord’s fault become involved through or on account of any action or omission of Tenants regarding this Agreement. Landlord, if Tenants are the prevailing party, shall pay upon demand all Tenants’ costs, charges and expenses, incurred in enforcing any of the obligations of Landlord under this Agreement, or in any litigation, negotiation or transaction in which Tenant shall, without Tenants’ fault become involved through or on account of any action or omission of Landlord regarding this Agreement. SECTION 22. EMINENT DOMAIN A. MORE THAN 30 PERCENT TAKEN: If 30 percent or more of the Premises are taken for a public or quasi-public use, this Agreement will terminate as of the date of the physical taking, and the Parties will be released from all further liability. B. LESS THAN 30 PERCENT TAKEN: If the taking affects less than 30 percent of the Premises, the Landlord will, with reasonable diligence, proceed at Landlord’s expense to repair the Premises and place them in tenantable condition within 120 days after the date of the actual physical taking. However, if 25% percent or more of the Premises as a whole is taken, the Landlord may elect to terminate this Agreement, notwithstanding that less than 30 percent of the Premises were taken. On termination, the parties will be released from all further liability under this Agreement. C. ABATEMENT OF RENT: During any repair, Tenants will be required to pay only that part of the fixed minimum monthly rental as the area of the tenantable Premises remaining during repairs bears to the entire area leased. On completion of repairs, the fixed minimum 233 of 945 17 monthly rental will be adjusted in proportion to the repaired area, and Tenants will be required to pay the adjusted fixed minimum monthly rental in accordance this Agreement (attributable to the portion of the Premises taken) and the remainder of the fixed minimum monthly rental shall be forever waived and forgiven by Landlord. D. RIGHT TO CONDEMNATION AWARD: Any award made in any condemnation proceeding for the taking of any part of the Premises will be the sole property of Landlord, except that Tenants can make a claim for the unamortized portion of the cost incurred by Tenants for the Premises Improvements. SECTION 23. GOVERNMENTAL INTERFERENCE WITH POSSESSION Except as expressly set forth in Section 25, Tenants will not be released from its obligation should their possession of the Premises be interfered with by adoption of any law, ordinance, resolution, regulation or act of any legal or governmental authority. Further, Tenants will not be released by any order of abatement or judgment preventing use of the premises on the ground that the Premises or the business operated there constitutes a legally recognized nuisance. SECTION 24. PEACEFUL ENJOYMENT Landlord covenants and warrants that it is the owner of the Property and Premises, and that Tenants, on payment of rents and performance of the conditions, covenants, and agreements to be performed by it, may enjoy the Premises without interruption or disturbance. Landlord covenants, represents and warrants that there is no mortgage, deed of trust or similar encumbrance affecting the Property, as of the date hereof. SECTION 25. EFFECT OF WAIVER OF BREACH OF COVENANTS No waiver of any breach of any condition of this Agreement will be construed to be a waiver of any other breach of provision, covenant or condition. SECTION 26. AMENDMENTS TO BE IN WRITING This Agreement may be modified or amended only in writing signed by Landlord and Tenants. It may not be amended or modified by oral agreements between the Parties unless they are in writing duly executed by Landlord and Tenants. SECTION 27. PARTIES BOUND Every provision of this Agreement will bind the parties and their legal representatives. The term “legal representatives” is used in its broadest meaning and includes, in addition to assignees, every person, partnership, corporation or association succeeding to any interest in this Agreement. Every covenant, agreement and condition of this Agreement will be binding on Tenant’s successors and assignees. Any sublease, concession or license agreement will be subject and subordinate to this Lease. 234 of 945 18 SECTION 28. NOTICES All notices or demands that either party may need to serve under this Agreement may be served on the other party by mailing a copy by registered or certified mail to the following addresses for the parties (or at such other address as the applicable party may designate in a written notice to the other party): If to the City: with a copy to: City Manager Corporation Counsel 2100 Ridge Avenue 2100 Ridge Avenue Evanston, IL 60201 Evanston, IL 60201 Fax: 847-448-8083 Fax: 847-448-8093 If to Tenants: «Tenant» «Tenant» 927 Noyes Street «Tenants_address» Evanston, IL 60201 «Tenants_address_City» Service will be deemed complete at the time of the leaving of notice or within 2 days after mailing. In the event that it appears that Tenants are avoiding the service of any notice and is not present at the Premises for a period of more than 14 consecutive days, notices may be served by posting such notice upon the Premises. Notice shall than be deemed effective 5 days after such posting. SECTION 29. MISCELLANEOUS A. Provisions typed on this Agreement and all riders attached to this Agreement and signed by Landlord and Tenant are hereby made a part of this Agreement. B. Tenant shall keep and observe such reasonable rules and regulations now or hereafter required by Landlord, which may be necessary for the proper and orderly care of the building of which the Premises are a part. C. All covenants, promises, representations and agreements herein contained shall be binding upon, apply and inure to the benefit of Landlord and Tenants and their respective heirs, legal representatives, successors and assigns. D. The rights and remedies hereby created are cumulative and the use of one remedy shall not be taken to excuse or waive the right to the use of another. E. The words “Landlord” and “Tenant” wherever used in this Agreement shall be construed to mean Landlords or Tenants in all cases where there is more than one Landlord or Tenant herein; and the necessary grammatical changes shall be assumed in each case as though full expressed. 235 of 945 19 F. This Agreement and any written and signed Amendments and/or Riders hereto shall constitute the entire agreement between the parties, and any oral representations made by one party to the other are considered merged herein. G. In all cases where Landlord’s consent is required, Landlord’s consent shall not be unreasonably withheld. H. This Agreement may be executed in multiple copies, each of which shall constitute an original. SECTION 30. VENUE AND JURISDICTION The Parties agree the this Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois and that venue for any disputes shall be in the Circuit Court of Cook County, Illinois. SECTION 31. FORCE MAJEURE Other than for Landlord’s and Tenants obligations under this Lease that can be performed by the payment of money, whenever a period of time is herein prescribed for action to be taken by either party hereto, such time period will be extended by a period equal to the period of any delays in performance by the applicable party due to any of the following events (“Force Majeure”): (i) Acts of God, (ii) strike or other such labor difficulties not specific to any labor issue existing only at the Property, (iii) extraordinary weather conditions greatly exceeding norms for the greater metropolitan area where the Premises located, (iv) extraordinary scarcity of or industry-wide inability to obtain supplies, parts or employees to furnish such services, or (v) or any cause whatsoever beyond a party’s control. For purposes of this Section 31, a cause or event shall not be deemed to be beyond a party's control, if it is within the control of such party's agents, employees or contractors. 236 of 945 20 IN WITNESS WHEREOF, both of said Landlord and Tenants caused this Agreement to be executed as of the date signed by the Landlord. Landlord: THE CITY OF EVANSTON, an Illinois home rule municipal corporation By: __________________________________ Date: ____________________ Its: City Manager, Wally Bobkiewicz Tenant: «Tenant», «Tenant_Description_» By: _________________________________ Its: _________________________________ 237 of 945 21 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL 1: BLOCK 1 IN TAIT’S SUBDIVISION OF BLOCK 4 OF ORRINGTON ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART EAST OF THE CENTER LINE OF RIDGE AVENUE OF THE SOUTH ½ OF THE NORTH ½ OF THE SOUTH WEST ¼, AND THAT PART BETWEEN THE WEST LINE OF BLOCK 92 OF THE VILLAGE OF EVANSTON AND THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD OF THE NORTH ½ OF THE NORTH ½ OF THE SOUTH ½ OF THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 2: LOTS 12 TO 21, BOTH INCLUSIVE, IN BLOCK 2 IN TAIT’S SUBDIVISION OF BLOCK 4 OF ORRINGTON ADDITION TO EVANSTON, ACCORDING TO THE PLAT OF SAID TAIT’S SUBDIVISION RECORDED MARCH 8, 1906, AS DOCUMENT NUMBER 3829417, TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF AND ADJOINING SAID LOT 12 IN BLOCK 2 IN TAIT’S SUBDIVISION, AFORESAID, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 3: LOTS 1, 2, 3 AND 4 IN BLOCK 1 IN A. BURROUGHS’ ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART OF LOT 15 AND THE EAST 145.5 FEET OF LOT 16 LYING WEST OF THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF LOT 1 AND NORTH OF THE LOTS 2, 3 AND 4 IN SAID BLOCK 1, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 4: LOTS 1, 2, 3, 4 AND THE EAST 19 FEET OF LOT 5 IN BLOCK 2 IN A BURROUGHS’ ADDITION TO EVANSTON, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED APRIL 15, 1893, AS DOCUMENT NUMBER 1850049; TOGETHER WITH THE VACATED 16 FOOT ALLEY LYING EAST OF THE EAST LINE OF LOT 5 AND WEST OF THE WEST LINE OF SAID LOTS 1, 2, 3 AND 4 IN SAID BLOCK 2, ALSO TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF AND ADJOINING SAID LOT 4 IN BLOCK 2, AFORESAID, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 5: THAT PART OF LOT 16 IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: 238 of 945 22 COMMENCING AT A POINT ON THE NORTH LINE OF NOYES STREET, WHICH IS 323.8 FEET EAST OF THE INTERSECTION OF SAID NORTH LINE OF NOYES STREET WITH THE CENTER LINE OF RIDGE AVENUE; THEN CONTINUING EAST ALONG THE NORTH LINE OF NOYES STREET, 125 FEET; THENCE NORTH 115.5 FEET TO THE SOUTH LINE OF LAND FORMERLY OWNED AND OCCUPIED BY ALONZO BURROUGHS, BEING NOW THE SOUTH LINE OF A. BURROUGHS’ ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART OF LOT 15 AND THE EAST 145.5 FEET OF LOT 16 LYING WEST OF THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD IN ASSESSOR’S DIVISION, AFORESAID; THENCE WEST ALONG THE LAST DESCRIBED LINE, 125 FEET TO THE EAST LINE OF THE WEST ½ OF SAID LOT 16 (BEING ALSO THE EAST LINE OF FOSTER AND KLINE’S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST ½ OF THE LOT 16 IN ASSESSOR’S DIVISION, AFORESAID): THENCE SOUTH ALONG THE LAST DESCRIBED LINE, 115.5 FEET TO THE PLACE OF BEGINNING, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 6: LOTS 3 AND 4 IN FOSTER AND KLINE’S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST ½ OF LOT 16 IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 7: ALL THAT PART OF VACATED ERVIN COURT LYING SOUTH OF THE SOUTH LINE OF COLFAX STREET AND NORTH OF THE NORTH LINE OF NOYES STREET, SAID ERVIN COURT HAVING BEEN VACATED BY CITY OF EVANSTON ORDINANCE DATED NOVEMBER 23, 1931, AND RECORDED MARCH 23, 1932, AS DOCUMENT NUMBER 11063489, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Real property address: 927 Noyes, Evanston, Illinois 60201 PIN:11-07-114-027-0000 239 of 945 EXHIBIT B NOYES CULTURAL ARTS CENTER PROPERTY FEES SCHEDULE 240 of 945 Exhibit BJanuary 1, 2019FY 2019FEEDESCRIPTIONA/C & AIR HANDLING UNITS$93.73 Monthly fee for studios ranging between 1-500 sq. ft. $125.66Monthly fee for studios ranging over 500 and up to 1,000 sq. ft. $156.56Monthly fee for studios ranging over 1,000 and up to 2000 sq. ft. $186.43Monthly fee for studios over 2,000 sq. ft.KEYS$5.00First two (2) keys to all Leased spaces with a Lessor installed lock includedNOYES GALLERIES$50.00 Hourly rate for residents, 60201 & 60202$100.00Hourly rate for non-residentsPARKING - LOT #51$32.00 Monthly fee for each permit$352.00 Yearly fee for each permit, must be paid in full $30.00 Bundle Pack (6) Daily PermitsSTAFF & UTILITY FEE$66.00Additional Hourly rate for all users if Bldg. is occupied other than normal Bldg. hours.STUDIO #106*$20.00 Tenant rate/hourly for activities relative to lease $50.00Evanston Resident Rates, 60201 & 60202 $60.00Non-Resident Rates SQUARE FOOT $12.51BasementRATE$16.551st Floor$14.712nd Floor OBSERVED HOLIDAYS 2019• New Year's Day, Tuesday January 1, 2019 • New Year's Day Observed, Wedneday January 2, 2019 • Dr. Martin Luther King, Jr.'s Birthday, Monday January 21, 2019• Memorial Day, Monday May 27, 2019• Fourth of July, Thursday July 4, 2019• Labor Day, Monday, September 2, 2019• Wednesday, November 27, 2019, building closes at 3:00pm• Thanksgiving Day, Thursday, November 28, 2019• Friday After Thanksgiving, Friday, November 29, 2019 • Christmas Eve, Tuesday December 24, 2019• Christmas Day, Wednesday December 25, 2019• New Year's Eve, Tuesday December 31, 2019 close at 3:00pm• New Year's Day, Wednesday January 1, 2020 LESSEE: ______________DATE:___________ 241 of 945 For City Council meeting of December 10, 2018 Item A13 Resolution 108-R-18: Nine-Month Noyes Studio Renewal Lease For Action To: Honorable Mayor and Members of the City Council Members of Administration & Public Works Committee From: Lawrence C. Hemingway, Director Parks, Recreation & Community Services Karen Hawk, Assistant Director Parks, Recreation & Community Services Subject: Resolution 108-R-18, Nine-Month Lease with Evanston Children’s Choir for Studio Space at Noyes Cultural Arts Center Date: December 10, 2018 Recommended Action: Staff recommends City Council approval of Resolution 108-R-18 authorizing the City Manager to enter into an agreement for a nine (9)-month renewal lease with Evanston Children’s Choir for studio space at the Noyes Cultural Arts Center. Funding Source: Revenues are deposited into the Noyes Cultural Arts Business Unit 100.30.3710.53565 Livability Benefits: Education, Arts & Community: Incorporate arts and cultural resources Support social and cultural diversity Summary: The studio lease renewals are for an nine (9) month term (01/01/2019-05/31/2019 & 09/01/2019-12/31/2019). Fees include a two percent (2%) rental rate increase from 2018 rates. Tenant Name Leased Space Monthly Rent rate Annual Total Rent (8 mo) Community Engagement Evanston Children’s Choir 107 $1,362.92 $12,266.28 $1,839.94 Attachments: Resolution 108-R-18 with Studio Master Lease and fee chart Memorandum 242 of 945 11/26/2018 108-R-18 A RESOLUTION Authorizing the City Manager to Enter into a Nine Month Lease Agreement for Studio Space at the Noyes Cultural Arts Center with the Evanston Children ’s Choir BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COUNTY OF COOK, STATE OF ILLINOIS: SECTION 1: 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 of Evanston, a lease for nine cumulative months for studio space at the Noyes Cultural Arts Center by and between the City and the Evanston Children’s Choir. The lease shall be for the following periods: January 1, 2019 through May 31, 2019; and September 1, 2019 through December 31, 2019. The lease shall be in substantial conformity with the lease marked as Exhibit A, attached hereto and incorporated herein by reference and the fee schedule marked as Exhibit B, attached hereto and incorporated herein by reference. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional terms and conditions of the lease as may be determined to be in the best interests of the City. SECTION 3: Resolution 108-R-18 shall be in full force and effect from and after its passage and approval in the manner provided by law. 243 of 945 108-R-18 ~2~ ______________________________ Stephen H. Hagerty, Mayor Attest: ______________________________ Devon Reid, City Clerk Adopted: __________________, 2018 Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 244 of 945 108-R-18 ~3~ EXHIBIT A LEASE AGREEMENT 245 of 945 LEASE AGREEMENT FOR THE PREMISES LOCATED AT 927 NOYES STREET, EVANSTON, ILLINOIS, BY AND BETWEEN THE CITY OF EVANSTON, LANDLORD AND «TENANT», TENANT 246 of 945 INDEX Section Title Page Number 1 SECTION 1. DESCRIPTION OF PREMISES ......................................................................... 2 SECTION 2. TERM ................................................................................................................ 2 SECTION 3. RENT ................................................................................................................. 2 SECTION 4. COMMON FACILITIES ...................................................................................... 3 SECTION 5. USE OF PREMISES .......................................................................................... 5 SECTION 6. SIGNS ............................................................................................................... 8 SECTION 7. DEFECTS; DEFECTIVE CONDITION; WIND; ACTS OF THIRD PERSONS ......................................................................................................... 8 SECTION 8. CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT ............................ 8 SECTION 9. REPAIRS AND MAINTENANCE ....................................................................... 9 SECTION 10. UTILITIES .........................................................................................................10 SECTION 11. TAXES ..............................................................................................................10 SECTION 12. INSURANCE ....................................................................................................10 SECTION 13. SUBLETTING; ASSIGNMENT .........................................................................11 SECTION 14. SURRENDER OF PREMISES; HOLDING OVER .............................................11 SECTION 15. INDEMNIFICATION AND LIENS ......................................................................12 SECTION 16. LANDLORD’S RIGHT OF INSPECTION AND REPAIRS .................................12 SECTION 17. DEFAULT AND REMEDIES .............................................................................13 SECTION 18. TENANT OBLIGATIONS TO COMMUNITY AND ASSOCIATION ...................15 SECTION 19. REMOVAL OF OTHER LIENS .........................................................................15 SECTION 20. REMEDIES NOT EXCLUSIVE ..........................................................................16 SECTION 21. EXPENSES OF ENFORCEMENT ....................................................................16 SECTION 22. EMINENT DOMAIN ..........................................................................................16 SECTION 23. GOVERNMENTAL INTERFERENCE WITH POSSESSION .............................17 SECTION 24. PEACEFUL ENJOYMENT ...............................................................................17 SECTION 25. EFFECT OF WAIVER OF BREACH OF COVENANTS ....................................17 SECTION 26. AMENDMENTS TO BE IN WRITING ................................................................17 SECTION 27. PARTIES BOUND ............................................................................................17 SECTION 28. NOTICES ..........................................................................................................17 SECTION 29. MISCELLANEOUS ...........................................................................................18 SECTION 30. VENUE AND JURISDICTION ...........................................................................19 SECTION 31. FORCE MAJEURE ...........................................................................................19 247 of 945 2 This Lease Agreement (the “Agreement” or “Lease”) shall take effect as of the date of execution of the Agreement by the City (the “Effective Date”). This Lease is by and between The City of Evanston, an Illinois home rule municipality and owner of subject Property (“Landlord”), whose main business office is located at 2100 Ridge Avenue, Evanston, Cook County, Illinois, “Landlord”, and «Tenant», «Tenant_Description_» (“Tenant”). Landlord and Tenant may be referred to collectively as the “Parties”. SECTION 1. DESCRIPTION OF PREMISES Landlord leases to Tenants spaces «Leased_Spaces», located on the «Leased_Space_Location» floor of the property with a street address of 927 Noyes Street, Evanston, Illinois 60201 (the “Premises”), situated within the Landlord’s 3-story building located at the same common address and legally described on Exhibit A (the “Property”) and commonly known as the Noyes Cultural Arts Center (“NCAC”). The Property has various uses including artist workshops, resident young adult summer camp classes, art exhibits, and many other uses. The term “Common Facilities” as used in this Agreement will include those areas and facilities within the Property (outside of the Premises) for the nonexclusive use of Tenants in common with other authorized users, and includes, but is not limited to, sidewalks, parking area, planted areas (excluding the adjoining park area), common area restrooms and open means of ingress and egress. Tenants will have the non- exclusive right to use the Common Facilities, including the washrooms referenced above. SECTION 2. TERM The term of this Agreement will be for one year, January 1, 2019 – December 31, 2019 (the “Term”). Tenants must provide Landlord with 90 days’ notice to request a renewal of the Agreement for the Premises. Landlord, in its sole discretion, may decide that a Renewal Term is not necessary and in the best interests of the City. Renewal of the Agreement must be authorized by written consent of the Parties and must be authorized by the City Council. SECTION 3. RENT A. RATE: Tenants agree to pay Landlord an annual rental payment (the “Rent”) in accordance with the following schedule: 1. For the period of January 1st – December 31st (twelve months), the Rent rate is $«Rent_rate» per month, for total Rent of $«Total_Rent» for the twelve months. B. PAYMENTS. The Rent outlined in Section 3[A][1] above shall be paid in accordance with said Section. C. Any and all Rent PAYMENTS under this Lease shall be mailed to: City of Evanston Parks, Recreation, and Community Services Department 2100 Ridge Avenue, First Floor Evanston, IL 60201 248 of 945 3 D. PROPERTY FEES SCHEDULE: Attached as Exhibit B is a schedule of fees for all tenants of the Property, if applicable, including Tenant (“NCAC Property Fees”). To the extent incurred by Tenant, the NCAC Property Fees specified on the fee schedule will be invoiced separately and shall be paid by the due date listed on the invoice. To the extent incurred by Tenants, the NCAC Property Fees are to be paid by Tenants regardless of the applicable rental rate specified in Section 3 [A]. Tenants acknowledges that they will reimburse the City for use of the Common Facilities (as specified on Exhibit B) after the standard business hours set by the City and the Association, which hours shall not be less than the following hours throughout the Term (including any Extended Term): 8:00 a.m. – 11:00 p.m. Monday – Friday; 8:30 a.m. – 11:00 p.m. on Saturday; and 10 a.m. – 6:00 p.m. on Sunday (the “Business Hours”). E. SURCHARGE: 1. Tenant acknowledges and agrees that all non-Evanston residents (individuals only) are assessed a 20% surcharge on rent. The 20% surcharge will not be applicable to non-Evanston resident Sub-lessees if the Lessee (individuals only) is an Evanston resident. The 20% surcharge is applicable to a non-Evanston resident Sub- lessee only if and when the Sub-lessee assumes the remainder of the entire lease or a co-lease, or upon termination by Lessee or the Lessor. In order for an Organization to be exempt from incurring a 20% surcharge, its principal place of business must be in Evanston. Organizations must attach Articles of Incorporation to this Lease. 2. Monthly rental charges assessed to Sub-lessees will not be in excess of one-half the rent charged to Lessee by the Lessor. A written sublease agreement between the Lessee and Sub-lessee must be given to the Lessor covering the lease terms prior to Sub-lessee’s use of space. The sublease agreement must include the payment schedule and the dollar amount paid by Sub-lessee to Lessee. Community service obligations assessed to Sub-lessee are in addition to the full obligation assessed to Lessee. Therefore, the Community Engagement obligations assessed to Lessee will not decrease as a result of a sublease. SECTION 4. COMMON FACILITIES A. MAINTENANCE BY LANDLORD: Tenants acknowledge that they have leased the Premises for many years and receive the Premises, Common Facilities and remainder of the Property in as-is condition, and acknowledge that the Landlord has made no representations to the condition or has made any repairs to same. The Landlord or Landlord’s staff or other representatives have made no representations or assurances that it will alter or remodel the Premises or Property. Landlord shall, when necessary, as determined by Landlord, in its reasonable discretion or when required by applicable laws, perform, repair and maintain all of the following: 1. Exterior maintenance, including the foundation, exterior walls, slab, common area doors and roof; 2. A refuse container to be shared by all tenants in the Property to be located at the Property in reasonable proximity to the Premises. Landlord will contract, to have trash hauled from such container with reasonable frequency; 249 of 945 4 3. Electric facilities and systems, gas facilities and systems and the HVAC unit(s) and systems (including the portions of such systems serving the Premises exclusively); 4. Plumbing and water facilities and systems (including the portions of such systems serving the Premises exclusively); 5. Fire and life safety systems and fire alarm systems, including inspections thereof (including the portions of such systems serving the Premises exclusively); 6. Hallways, stair rails, and related elements, and restrooms and other Common Facilities, including the parking lot serving the Property; 7. Snow and ice removal, including salting, from front walkway of Premises and parking spaces in front of the Property within 48 hours of any snow event with accumulation of an 1 inch or more; and 8. Change light bulbs, ballasts and tubes in any fluorescent or comparable light fixtures in the Premises. Notwithstanding the foregoing, Tenant will change light bulbs, ballasts and tubes which are considered specialty lighting and related to performance activities. 9. Maintain the HVAC units in the Premises, the HVAC units are the property of the Landlord and shall remain in the Premises at the end of the Term. B. MAINTENANCE BY TENANTS: 1. Interior non-structural Premises maintenance and all fixtures and property within the Premises other than (a) utility, HVAC or fire/life safety facilities and systems and (b) any items Landlord is required to maintain pursuant to Section 4[A]; 2. All refuse from Premises to be placed in appropriate containers and Tenants cannot dispose of construction building materials in the standard refuse containers and must arrange for special pick-ups and containers for said materials; 3. The Tenants will at all times maintain all of the Premises in a clean, neat and orderly condition. The Tenants will not use the Premises in a manner that will violate or make void or inoperative any policy of insurance held by the Landlord. The Tenants shall pay the Landlord for overtime wages for staff and for any other related expenses incurred in the event that repairs, alterations or other work in the Premises required or permitted hereunder are not made during ordinary Business Hours (as defined in Section 3[E]) at the Tenant’s request. 4. Tenants will keep the interior non-structural portions of the Premises, including all interior, non-structural walls, surfaces and appurtenances (other than systems and any other items that Landlord is required to maintain pursuant to Section 4[A]), in good repair. Tenants shall be responsible for repairs, damages and losses for damages sustained outside the Premises to other NCAC tenant’s personal property or leased area attributable to Tenant’s negligence or intentional misconduct, subject to Section 12[E]. All such damage must be reported in writing to the Director of Parks, 250 of 945 5 Recreation and Community Services, or his/her designee, by the next City of Evanston business day, after discovery of such damage by Tenants. 5. Repairs by Tenants must have prior written approval by the Director of Parks, Recreation and Community Services, or his or her designee, and must occur within thirty (30) days of such approval unless the Director of Parks, Recreation and Community Services, or his or her designee, gives a prior written request or grants approval for an extension beyond the thirty (30) days (or unless such repairs cannot reasonably be completed within thirty (30) days, in which case, Tenant shall have such additional time as is reasonably required). If Tenants fail to make the necessary repairs by the date determined by the Lessor, the Landlord has the option to make the necessary repairs and Tenants agree to promptly pay for those repairs upon presentation of an invoice by the Landlord to the Tenant. Tenants are required upon lease termination to leave space in good repair and condition. Maintenance and repair issues which constitute a life and safety hazard must be corrected within twenty-four (24) hours after discovery by Tenants, provided that the issue can be fixed within that time frame. If the issue cannot be fixed within twenty-four (24) hours after discovery by Tenants, the Tenants must provide a schedule for repair within one (1) business day after discovery by Tenants to the Director of Parks, Recreation and Community Services for approval, which cannot be unreasonably withheld. SECTION 5. USE OF PREMISES A. PURPOSES: Tenants will use the Premises to operate a «Tenant_Specific_Use_of_Premises», and other related business and uses incidental thereto, and no part of the Premises will be used for any other purpose without the prior written consent of Landlord (the “Permitted Use”). If Tenants endeavors to apply for a liquor license for the Premises, the Landlord gives its written consent for said application to be submitted and reviewed by the City in conformance with the City Code procedures, as amended. The City agrees to cause such license to be granted if Tenants meets applicable requirements. B. HOURS OF OPERATION AND LANDLORD ACCESS: 1. Tenant’s use of the Premises shall only be for the permitted use. Tenants shall have the right to conduct their business in the Premises during the Business Hours (as defined in Section 3[E]) of the Property. In addition, Tenants’ staff, agents, employees and contractors may access the Premises twenty-four hours a day, seven days a week, but shall not have access to the interior Common Facilities after the Business Hours (as defined in Section 3[C]) of the Property. The Property will be closed on holidays/days as observed by the City of Evanston (but Tenants will still have access to the Premises). 2. The Landlord shall have the right to retain a set of keys to the Premises, and Tenants shall not change any locks for the Premises to any other lock, other than a lock consistent with the Landlord’s master lock for the Property. The Tenants shall permit the Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises concealed to the greatest extent possible, above ceiling, under floor or in walls that don’t reduce the square footage of the Premises and don’t materially affect Tenants’ use of the Premises. The Landlord shall have the right to enter upon the Premises with 24 hours prior written notice or without notice in case of an emergency, to control heat, electricity and air conditioning, to inspect the same, and to make such 251 of 945 6 repairs, alterations, improvements or additions to the Premises or the NCAC, as the Landlord may deem necessary or desirable. Tenants will not cease any Rent payments while repairs, alterations, improvements, or additions are being made, by reason of loss or interruption of business of the Tenants, or otherwise, provided Landlord shall complete such work as quickly as reasonably possible. Notwithstanding the foregoing, if a portion of the Premises is unusable for the purpose contemplated hereunder for a period of greater than 5 days (including, without limitation, as a result of a casualty or a condemnation or the repairs required in connection therewith), the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage. Notwithstanding anything to the contrary contained herein, Landlord shall not have the right to alter the Premises except as expressly required or permitted hereunder. Notwithstanding the foregoing, if the repairs, alterations, improvements, or additions are at a Tenant’s request or if the repairs are necessitated by a Tenant’s actions, then the Tenants may not cease any rent for any period, unless the Premises are unusable as a result of the negligence or intentional misconduct of Landlord or its agents, employees or contractors. If a Tenant shall not be personally present to open and permit an entry into Premises, at any time, when for any reason an entry therein shall be necessary or permissible, the Landlord or the Lessor's agents may enter the same by using the key, or may forcibly enter the same, without rendering the Landlord or such agents liable therefore (if during such entry the Landlord or the Lessor's agents shall accord reasonable care to Tenants’ property), and without in any manner affecting the obligations and covenants of this Lease. 3. Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Premises or any part thereof, other than as herein provided. The Landlord shall also have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to the Tenants therefore, to change the arrangement and/or location of Common Facilities, including entrances or passageways, doors and doorways, and corridors, stairs, toilets or public parts of the NCAC, and to close Common Facilities (as and when reasonably necessary for Landlord to perform its obligations hereunder or exercise its rights or as necessary due to Force Majeure), including entrances, doors, corridors or other facilities. The Landlord shall not be liable to the Tenants for any expense, injury, loss or damage resulting from work done by persons other than the Landlord in or upon, or the use of, any adjacent or nearby building, land, street, or alley. C. LOCKING OF PREMISES: All doors to the Premises must be kept locked at all times except during the Business Hours (as defined in Section 3[E]). Tenants shall not open the door to anyone in the late hours. The door may not be propped open for any reason. During normal Business Hours (as defined in Section 3[E]) for the Property, patrons and users of the Property shall have access to the Common Facilities. Tenants shall not have use of Common Facilities after the Business Hours (as defined in Section 3[E]) unless Tenant pays the Facilities Fee (as specified in Exhibit B) for keeping the Property and the Common Facilities open. D. STORAGE OF INFLAMMABLE MATERIALS: Tenants agree that they will not permit to be kept at the Premises any gasoline, distillate or other petroleum product, or other substance of an explosive or inflammable nature as may endanger any part of the premises 252 of 945 7 without the written consent of the Landlord, provided that Tenants can maintain customary cleaning products in the Premises. E. USE IMPAIRING STRUCTURAL STRENGTH: The Tenants will not permit the Premises to be used in any manner that will impair the structural strength of the Premises, or permit the installment of any machinery or apparatus the weight or vibration of which may tend to impair the building’s foundations or structural strength. F. GARBAGE DISPOSAL: The Tenants will not incinerate any garbage or debris in or about the Premises, and will cause all containers, rubbish, garbage and debris stored in the Premises to be placed in the refuse container supplied by Landlord for the Property before accumulation of any substantial quantity. G. PUBLIC REGULATIONS: In the conduct of its business on the Premises, Tenants will observe and comply with all laws, ordinances and regulations of public authorities. Tenants acknowledge that the Property is owned by the City of Evanston and therefore no smoking will be permitted at the Property. H. OTHER MISUSE: Tenants will not permit any unlawful or immoral practice with or without his knowledge or consent, to be committed or carried on in the Premises by Tenants or any other person. Tenant will not use or allow the use of the Premises for any purpose whatsoever that will injure the reputation of the Premises or of the building of which they are a part. I. PARKING REGULATIONS: The NCAC has a total of fifty (50) parking spaces, consisting of thirty-five (35) permit spaces (including four [4] marked for compact cars) and twelve (12) metered spaces and three (3) handicapped spaces in the Property parking lot, which is Lot #51 and is immediately adjacent to the Premises (the “Property Parking Lot”). The Landlord acknowledges that it will not decrease the total number of parking spaces in the Property Parking Lot during the Lease Term, but Landlord reserves the right to reconfigure the parking lot and/or increase the parking spaces. For the permit parking spaces, annual parking permit fees shall be in accordance with the schedule previously referenced as Exhibit B and be billed separately. Parking permit fees are not prorated and will change over the Term of the Lease at the discretion of the Landlord. All annual parking permits issued will be billed on a monthly basis and are not returnable with the exception of permits which are transferred. There will be a $25.00 transfer fee assessed for all annual permits which are to be reissued unless: 1) the old permit or remnants of the old permit is returned displaying the lot number and the permit number minimally; or 2) proof that the vehicle was sold by producing a bill of sale. Monthly and annual parking permits for the Property Parking Lot are authorized only for Leaseholders, Sub-Tenants, staff and/or students attending classes at Noyes on a regular basis and Landlord will not permit businesses (or other invitees) outside of the NCAC to get permits for the Property Parking Lot. Use of permits is on a first-come, first serve basis for spaces available in the Property Parking Lot. Parking permits are not to be transferred to vehicles other than the vehicle for which the permit was issued unless prior written approval by the Director of Parks, Recreation and Community Services is obtained. Parking Permit privileges will be considered by the Director of Parks, Recreation and Community Services or designee for other regular NCAC users on a case-by-case basis. All Authorization Forms must be signed by Tenants or their authorized designee(s), and by an NCAC staff member before parking permits can be purchased. Temporary one-day parking permits are available for individuals attending special functions at the NCAC, and for visitors and others using the NCAC, who are pre- 253 of 945 8 approved by the Director of Parks, Recreation and Community Services or designee. Temporary parking permits are not available to parents or caregivers waiting for students attending classes or to attendees of performances. Tenants understand, and will inform their staff, students and patrons to observe all posted parking regulations. Parking permits will not be issued to individuals with an expired driver’s license. Landlord will maintain the current parking lot serving the Property as a parking lot throughout the term of this Lease. SECTION 6. SIGNS Tenants may apply for signage (temporary and permanent signage) for the exterior and interior of the Premises, at its own expense, in order to conduct the business of Tenants. Tenants acknowledge that there are limitations from the City of Evanston Municipal Code of 2012, as amended, and the Code governs the application process and the details regarding size, type, and number of signs and Tenants agree to be bound by such ordinances. Landlord cannot make representations in a lease agreement that Tenants shall be entitled additional signage, a certain number of signs and/or dimensions of proposed signage, because the Tenants must make an application to the Sign Review Board, as provided by Code, but Landlord will not withhold its consent to a reasonably sized sign over the new entrance to the Premises. SECTION 7. DEFECTS; DEFECTIVE CONDITION; WIND; ACTS OF THIRD PERSONS Except as provided by Illinois law and except to the extent arising from the negligence or intentional misconduct of Landlord or its agents, employees or contractors, or from the breach of this Lease by Landlord, Landlord will not be liable to Tenants for any damage or injury to Tenants or Tenants’ property occasioned by the failure of Landlord to keep the Premises in repair, and shall not be liable for any injury done or occasioned by wind or by or from any defect of plumbing, electric wiring or of insulation thereof, gas pipes, water pipes or steam pipes, or from broken stairs, porches, railings or walks, or from the backing up of any sewer pipe or down-spout or from the bursting, leaking or running of any tank, tub, washstand, water closet or waste pipe, drain, or any other pipe or tank in, upon or about the Premises or the building of which they are a part nor from the escape of steam or hot water from any radiator, nor for any such damage or injury occasioned by water, snow or ice being upon or coming through the roof, skylight, trap door, stairs, walks or any other place upon or near the Premises, or otherwise, nor for any such damage or injury done or occasioned by the falling of any fixture, plaster, or stucco, nor for any damage or injury arising from any act, omission or negligence or co-tenants or of other persons, occupants of the same building or of adjoining or contiguous buildings or of owners of adjacent or contiguous property, or of Landlord’s agents or Landlord, all claims for any such damage or injury being hereby expressly waived by Tenants. Notwithstanding the foregoing, if any portion of the Premises unusable for the purpose contemplated hereunder for a period of greater than 5 days, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage. SECTION 8. CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT A. USE OF PARTIALLY DAMAGED PREMISES: On damage or destruction by a casualty to the Premises, Tenants will continue to use them for the operation of its business to the extent practicable 254 of 945 9 B. RIGHT TO TERMINATE ON DESTRUCTION OF TWO-THIRDS OF PREMISES: Either Party will have the right to terminate this Agreement if, the Premises is damaged by a casualty to an extent exceeding two-thirds of the reconstruction cost of the Premises as a whole. If such damage occurs, this termination will be affected by written notice to the other Party, delivered within 90 days of the damage. C. REPAIRS BY LANDLORD: If the Premises are damaged by a casualty before or after the start of the Agreement, then Landlord will immediately, on receipt of insurance proceeds paid in connection with casualty damage, but no later than sixty days after damage has occurred, proceed to repair the Property. Repairs will include any improvements made by Landlord or by Tenants with Landlord’s consent, on the same plan and design as existed immediately before the damage occurred, subject to those delays reasonably attributable to governmental restrictions or failure to obtain materials, labor or other causes, whether similar or dissimilar, beyond the control of Landlord. Materials used in repair will be as nearly like original materials as reasonably procured in regular channels of supply. Wherever cause beyond the power of the party affected causes delay, the period of delay will be added to the period in this lease for completion of the work, reconstruction or replacement. D. REDUCTION OF RENT DURING REPAIRS: If a portion of the Premises is unusable for the purpose contemplated hereunder for a period of greater than 5 days, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage No rent will be payable while the Premises is wholly unoccupied pending the repair of casualty damage. E. FIRE AND CASUALTY. If the Premises are entirely destroyed by fire or another act of God, and Landlord elects to not rebuild the Premises, then this Agreement shall be terminated effective as of the date of the casualty. SECTION 9. REPAIRS AND MAINTENANCE Except to the extent any of the following is Landlord’s obligation pursuant to Section 4[A], Tenants shall keep the interior, non-structural portions of the Premises in a clean condition, and in good repair, all according to the statutes and ordinances in such cases made and provided, and the directions of public officers thereunto duly authorized, all at Tenants’ own expense, and shall yield the same back to Landlord, upon the termination of this Agreement, whether such termination shall occur by expiration of the term, or in any other manner whatsoever, in the same condition of cleanliness and repair as at the date of the execution hereof, loss by fire and reasonable wear and tear excepted. Except to the extent any of the following is Landlord’s obligation pursuant to Section 4[A], Tenant shall make all necessary repairs and renewals upon Premises and replace broken fixtures with material of the same size and quality as that broken. If, however, the Premises shall not thus be kept in good repair and in a clean condition by Tenants, as aforesaid, Landlord may enter the same, or by Landlord’s agents, servants or employees, without such entering causing or constituting a termination of this Agreement or an interference with the possession of the Premises by Tenants, and Landlord may replace the same in the same condition of repair and cleanliness as existed at the date of execution hereof, and Tenants agree to pay Landlord, in addition to the rent hereby reserved, the expenses of Landlord in thus replacing the Premises in that condition. Tenants shall not cause or permit any waste, misuse or neglect of the water, or of the water, gas or electric fixtures. 255 of 945 10 Tenants will also be in compliance with all laws and regulations during the entire term of this Agreement, except for repairs required of the Landlord to be made and damage occasioned by fire, hurricane or other causes as provided for in this Agreement. SECTION 10. UTILITIES Landlord agrees to pay before delinquency all charges for gas, water, heat, electricity, power and other similar charges incurred by Landlord or Tenants with respect to the Premises or the Property during the Term of this Agreement and Tenants’ occupancy of the Premises. SECTION 11. TAXES If applicable, Tenants will pay before delinquency all taxes levied on Tenants’ fixtures, equipment and personal property on the demised Premises, whether or not affixed to the real property. Landlord will pay all real estate taxes for the Property. SECTION 12. INSURANCE A. INSURANCE COMPANIES: It is agreed that any policies of insurance to be maintained by the respective parties will be obtained from good and solvent insurance companies. Only companies with an “A” Policyholder’s Rating with the Alfred Best Company will be acceptable. B. TENANT TO OBTAIN LIABILITY INSURANCE: Tenants agree that they will, at their expense, maintain a policy of insurance, written by responsible insurance carriers, approved by Landlord that will insure Tenants against liability for injury to or death of persons or damage to property occurring about the Premises. Landlord will be named as an additional insured. The liability under insurance will be at least $1 million for any one person injured or killed or any one occurrence, $2 million general aggregate coverage for any one accident, and $ 100,000.00 property damage. Tenants will obtain an endorsement and Certificate of Insurance naming the Landlord as an additional insured from Tenants’ carrier (during the term of the Lease, including Premises Improvement construction) and all contractors during the construction of the Premises Improvements and any other renovation or construction at the Premises. Annually, Tenant shall provide copies of the insurance policy and all endorsements thereto to Landlord. Tenant shall send the policy to the Law Department on or before January 1st of every year this Lease is in effect. If the Tenant fails to comply with this requirement, that shall constitute a default by Tenant. C. TENANTS TO OBTAIN WORKER’S COMPENSATION INSURANCE: Tenants agree to maintain employees’ Worker’s Compensation insurance required under Illinois law. D. TENANTS TO OBTAIN INSURANCE ON FIXTURES AND EQUIPMENT: The Tenants agree to maintain on all trade fixtures and personal property in the Premises, a policy of insurance approved by the Landlord of at least 90% of the insurable replacement value of all trade fixtures and personal property. E. LANDLORD TO OBTAIN FIRE INSURANCE ON PREMISES: Landlord agrees to maintain during this Agreement, a policy of property insurance covering any peril generally included in the classification ISO Causes of Loss – Special Form (a “Special Form Policy”) and covering at least 80% of the full replacement cost of the Premises and Property (or Landlord may self-insure for such coverage). If permitted without additional charge, Landlord will cause to 256 of 945 11 be endorsed on its property insurance, and any extended coverage policy or policies, the waiver of right of subrogation. Landlord hereby agrees to waive any claims against Tenant and its agents and employees to the extent the same could be covered by a Special Form Policy, regardless if the same is maintained by the City. F. TENANTS’ WAIVER OF CASUALTY INSURANCE PROCEEDS: If the Premises are damaged by fire or other casualty insured against, Tenants agree to claim no interest in any insurance settlement arising out of any loss where premiums are paid by Landlord, or where Landlord is named as sole beneficiary, and that it will sign all documents required by Landlord or the insurance company necessary in connection with the settlement of any loss. G. CONTROL OF INSURANCE PROCEEDS TO AVOID TAXABLE GAIN: If the Premises, including any improvements, were to be damaged in any manner, and the receipt of any insurance proceeds or other reimbursement for such damage would result in the realization of taxable gain for federal or state purposes, then the party to whom the gain would be taxed will have the right to take all action respecting proceeds or reimbursements necessary to enable party to comply with any regulations of the appropriate taxing authorities, so that the gain will not be recognized for tax purposes. Nothing here will be construed to entitle Landlord to delay any repairs to any part of the improvements in the event of damage. H. TENANTS’ FAILURE TO INSURE: Should Tenants fail to keep in effect and pay for insurance as required by this section, the Landlord may terminate this Lease immediately. SECTION 13. SUBLETTING; ASSIGNMENT The Tenants shall be allowed to sublet a portion of the Premises to another entity or individual(s) (“Sub-Tenant”) for a period of eighty nine (89) days or less in conformance with the original use stated in Section 5[A] and Tenants do not need the Lessor’s consent. If the Tenants seek to sublet a portion of the Premises to a Sub-Tenant for a period of time ninety (90) days or more, then the Tenants must have the written consent of the Landlord and such consent shall not be unreasonably withheld. For all subleases, the Tenants shall obtain a certificate of insurance from the Sub-Tenant prior to commencement of the sublease, naming the City of Evanston as an additional insured for the period of occupancy. If Tenant, or any one or more of the Tenants, if there be more than one, shall make an assignment for the benefit of creditors, or shall file for bankruptcy protection, Landlord may terminate this Agreement, and in such event Tenant shall at once pay Landlord a sum of money equal to the entire amount of rent reserved by this Agreement for the then unexpired portion of the term hereby created less the reasonable rental value (as defined in Section 17[G] below) of the Premises as liquidated damages. At Landlord’s option, should Landlord consent to any assignment or sublease of the demised Premises, Tenant shall nevertheless remain liable for all terms and conditions of this Agreement until the expiration of the Agreement term stated above. SECTION 14. SURRENDER OF PREMISES; HOLDING OVER Tenants will, at the termination of this Lease, leave the Premises in as good condition as they are in at the time of entry by Tenants, except for reasonable use and wear, acts of God, or damage by casualty beyond the control of Tenants. On vacating, Tenants will leave the Premises clear of all rubbish and debris. If Tenants retain possession of the Premises or any part thereof after the termination of the term by lapse of time or otherwise, then Landlord may at its option within thirty days after termination of the term serve written notice upon Tenants that 257 of 945 12 such holding over constitutes the creation of a month to month tenancy, upon the terms of this Agreement. Tenants shall also pay to Landlord all damages sustained by Landlord resulting from retention of possession by Tenants. The provisions of this paragraph shall not constitute a waiver by Landlord of any right of re-entry as hereinafter set forth; nor shall receipt of any rent or any other act in apparent affirmation of tenancy operate as a waiver of the right to terminate this Agreement for a breach of any of the covenants herein. SECTION 15. INDEMNIFICATION AND LIENS A. LIENS AND ENCUMBRANCES: The Tenants will hold the Landlord harmless from all claims, liens, claims of lien, demands, charges, encumbrances or litigation arising out of any work or activity of Tenants on the Premises. Tenant wills, within sixty (60) days after filing of any lien, fully pay and satisfy the lien and reimburse Landlord for all resulting loss and expense, including a reasonable attorney’s fees. Provided, however, in the event that Tenants contest any lien so filed in good faith and pursues an active defense of said lien, Tenants shall not be in default of this paragraph. However, in the event of any final judgment against Tenants regarding such lien, Tenants agree to pay such judgment and satisfy such lien within 60 days of the entry of any such judgment. B. DISCHARGE OF LIEN: If Tenants fail to fully discharge any claim, lien, claim of lien, demand, charge, encumbrance, or litigation, or should proceedings be instituted for the foreclosure of any lien or encumbrance, and if judgment is rendered against Tenants either by a court of competent jurisdiction or by arbitration and Tenants still persists in non-payment of the same within the 60 days set forth above, Landlord will have the right at any time after expiration of the 60-day period, to pay the lien or encumbrance. All amounts so paid will be repaid by the Tenants on demand, together with interest at the rate of __10__% per year from the date of payment and shall be considered additional rent owed to Landlord by Tenants. C. INDEMNIFICATION OF LANDLORD: Except as otherwise provided in this Agreement, and except to the extent caused by the negligence or willful misconduct of Landlord, or its agents, employees or contractors, or by the breach of this Lease by Landlord, Tenants shall protect, defend, indemnify and save Landlord and its officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from (i) any matter, condition or thing that occurs in the Premises, which is not the result of Landlord’s negligence or willful misconduct, or (ii) any negligence or willful misconduct of Tenants, or their agents, employees or contractors. D. INDEMNIFICATION OF TENANTS. Except as otherwise provided in this Agreement, and except to the extent caused by the negligence or willful misconduct of Tenants, or its agents, employees or contractors, or by the breach of this Lease by Tenants, Landlord shall protect, defend, indemnify and save Tenants and their officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from (i) any matter, condition or thing that occurs in the Common Facilities, which is not the result of Tenants’ negligence, or willful misconduct or (ii) any negligence or willful misconduct of Landlord, or its agents, employees or contractors. SECTION 16. LANDLORD’S RIGHT OF INSPECTION AND REPAIRS Tenants shall allow Landlord or any person authorized by Landlord reasonable access to the Premises during the Business Hours (as defined in Section 3[E]) for the purpose of 258 of 945 13 examining or exhibiting the same, or to make any repairs or alterations thereof which Landlord may see fit to make (provided that Landlord cannot make voluntary alterations or modifications to the Premises without Tenant’s consent). If the Tenants do not exercise the Option to renew the Lease and/or will be vacating the Premises at or prior to the end of the Term, Tenants will also allow Landlord to have placed upon the Premises at all times notices of “For Sale” and/or “For Rent” and Tenants will not interfere with the same. SECTION 17. DEFAULT AND REMEDIES A. EVENT OF DEFAULT: Any one of the following events shall be deemed to be an event of default hereunder by Tenants subject to Tenants’ right to cure: 1. Tenants shall fail to pay any item of Base Rent at the time and place when and where due and does not cure such failure within five (5) business days after Rent is due; 2. Tenants shall fail to maintain the insurance coverage as set forth herein; 3. Tenants shall fail to comply with any term, provision, condition or covenant of this Lease, other than the payment of rent, and shall not cure, any such failure, within fifteen (15) days after written notice to the Tenants of such failure; 4. Tenants shall make a general assignment the benefit of creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy; or B. OCCURRENCE OF AN EVENT: Upon the occurrence of any event of default, Landlord shall have the option to pursue any one or more of the following remedies subject to the laws of the State of Illinois and the Tenants’ right to cure: 1. Terminate this Lease, in which event Tenants shall immediately surrender the Premises to Landlord, but if Tenants fail to do so, Landlord may, without further notice and without prejudice to any other remedy Landlord may have for possession or arrearages in rent, or damages for breach of contract, enter upon the Premises and expel or remove and with or without notice of such election or any notice or demand whatsoever, this Agreement shall thereupon terminate and upon the termination of Tenants’ right of possession, as aforesaid, whether this Agreement be terminated or not, Tenants agree to surrender possession of the Premises immediately, without the receipt of any demand for rent, notice to quit or demand for possession of the Premises whatsoever and hereby grants to Landlord full and free license to enter into and upon the Premises or any part thereof, to take possession thereof with or (to the extent permitted by law) without process of law, and to expel and to remove Tenants or any other person who may be occupying the Premises or any part thereof, and Landlord may use such force in and about expelling and removing Tenants and other persons as may reasonably be necessary, and Landlord may re-possess itself of the Premises, but such entry of the Premises shall not constitute a trespass or forcible entry or detainer, nor shall it cause a forfeiture of rents due by virtue thereof, nor a waiver of any covenant, agreement or promise in this Agreement contained to be performed by Tenants. Tenants agree to indemnify Landlord for all loss and damage which Landlord may suffer by reason of such lease termination, whether through inability to re-let the Premises, or through decrease in Rent, or otherwise. 259 of 945 14 2. Landlord may recover from Tenants upon demand all of Landlord’s costs, charges and expenses, including the fees and costs of counsel, agents and others retained by Landlord which have been incurred by Landlord in enforcing Tenants’ obligations hereunder, subject to Landlord prevailing on its claims. 3. Pursuit of any of the foregoing remedies shall not preclude pursuit of any other remedy herein provided or available to Landlord at law or in equity, or constitute a forfeiture or waiver of any Rent due hereunder or of any damages suffered by Landlord. C. REPOSSESSION OR RELETTING NOT A TERMINATION; LANDLORD’S RIGHT TO TERMINATE NOT FORFEITED: No repossession, operation or re-letting of the Premises or of fixtures and equipment will be construed as an election by Landlord to terminate this Agreement unless a written notice is given by the Landlord to the Tenants. The Landlord may terminate this Agreement if the Tenants remain in default (beyond any applicable notice and cure period). The acceptance of rent, whether in a single instance or repeatedly, after it falls due, or after knowledge of any breach hereof by Tenants, or the giving or making of any notice or demand, whether according to any statutory provision or not, or any act or series of acts except written waiver, shall not be construed as a waiver of Landlord’s rights to act without notice or demand or of any other right hereby given Landlord, or as an election not to proceed under the provisions of this Agreement. D. TENANTS’ OBLIGATION TO PAY DEFICIENCIES: If rentals received by the Landlord from re-letting the Premises under the provisions of this section are insufficient to pay all expenses and amounts due, Tenants will pay any deficiencies to the Landlord on demand and be declared in default for failure to pay. E. LANDLORD’S RIGHT TO PERFORM TENANTS’ DUTIES AT TENANTS’ COST: If in Landlord’s judgment any default by Tenants will jeopardize the Premises or the rights of Landlord, Landlord may, without notice, elect to cure Tenants’ default and Tenants will reimburse Landlord, with interest, on 10-days’ notice by Landlord to Tenants. F. LANDLORD’S RIGHT TO TERMINATE AGREEMENT: If there is an event of default by Tenants as stated in Paragraph A of this section, Landlord may, without further notice, terminate this Agreement and all interest of Tenants and may take possession of the Premises by legal proceedings. G. LANDLORD’S RIGHT ON TERMINATION TO RECOVER AMOUNT EQUAL TO RENT RESERVED: If this Agreement is terminated by Landlord due to any event of default by Tenants, Landlord will be entitled to recover from Tenants, at termination, the excess, if any, of the rent reserved in this Agreement for the balance of the term over the reasonable rental value of the Premises for the same period. The “reasonable rental value” will be the amount of rental Landlord can obtain as rent for the balance of the term. H. LANDLORD’S REMEDIES CUMULATIVE: All of the remedies given to Landlord in this Agreement or by law are cumulative, and the exercise of one remedy by the Landlord will not impair its right to exercise any other right or remedy. Landlord shall not look to the property or assets of any direct or indirect partner, member, manager, shareholder, director, officer, principal, employee or agent of Tenants in seeking either to enforce Tenants’ obligations under this Agreement or to satisfy a judgment for Tenants’ failure to perform such obligations; and none of such parties shall be personally liable for the performance of Tenants’ obligations under this Agreement. 260 of 945 15 SECTION 18. TENANT OBLIGATIONS TO COMMUNITY AND ASSOCIATION A. NOYES CENTER TENANT’S ASSOCIATION: The Tenants acknowledge and agree that it has the right to be a member of the Noyes Center Tenant’s Association (the “Association”) formed by the tenants of the Property. The Association will provide advisory guidance and opinions to City staff on many issues, including, tenant responsibilities and duties with respect to the Property and its Common Area. The Association is structured to focus on certain tasks and advise the City on issues such as the following examples: (a) Provide answers to general questions about offerings by Noyes tenants and directions to studios; (b) Review requirements for community engagement of tenants as needed and make recommendations to the City for any additions or changes; (c) Review any subleases of tenants of ninety (90) days duration or more; (d) Review proposed annual operating budget for Center and proposed rental increases; (e) Review annual and five year capital improvement program for Center and make recommendations to City on spending priorities; and (f) Together with the Evanston Arts Council, review applications of new tenants at Noyes and make recommendations to City on spending priorities. B. COMMUNITY ENGAGEMENT: Tenants will develop reasonable set programs (e.g. donated tickets for certain events, community theater events [including use of theater or other portions of the Premises by other not-for-profit organizations, and scholarships) to be a steward for the arts in the community. By April 1, 2019, the Tenants will have an action plan developed to address its community engagement program and review its proposed program in consultation with the City Manager and the NCAC Association. If Tenants do not provide an action plan within the time period provided or provide the community engagement programs established between the parties, the Landlord shall send written notice of default, providing Tenants with fourteen (14) days to cure the default. The annual value of the Community Engagement provided by Tenants shall be not less than $«Minimum_Community_Engagement_Amount» for the period between January 1, 2019 through December 31, 2019 (“Minimum Community Engagement”). For purposes of calculating the Minimum Community Engagement annual value, each hour of service, inclusive of preparation time, is valued at forty dollars ($40.00) per hour. Additionally, the Minimum Community Engagement annual value may include the fair market value of goods and/or supplies provided in furtherance of the Tenant’s community engagement obligation. Any overage provided by Tenants above the Minimum Community Engagement level for either of the prior two (2) years can be applied as a credit to any deficiency for the current calendar year. If Tenants do not provide the Community Engagement by December 31, 2019 as required and does not cure the default within 15 days of written notice, then Tenants shall pay Landlord a fee equal to 15% of the twelve month’s rent outlined Section 3[A] ($«Insert_15_of_12_months_rent») less the value of the Community Engagement provided during the calendar year. SECTION 19. REMOVAL OF OTHER LIENS In event any lien upon Landlord’s title results from any act or neglect of Tenants and Tenants fail to remove said lien within thirty (30) days after Landlord’s notice to do so, Landlord may remove the lien by paying the full amount thereof or otherwise and without any investigation or contest of the validity thereof and Tenants shall pay Landlord upon request the amount paid out by Landlord in such behalf, including Landlord’s costs, expenses and attorney’s fees. If Tenants demonstrate to Landlord that Tenants are contesting the validity of said lien in good faith, then Landlord shall allow Tenants to so contest such lien until either Tenant either abandons such contest or a final verdict is reached in a court of competent jurisdiction. Any 261 of 945 16 amount advanced on behalf of Tenants shall be paid to Landlord by Tenants within 30 days after such advancement is made together with interest at 9% per annum and such amount shall be considered additional rentals (including any overage provided in either of the two [2] immediately preceding years). SECTION 20. REMEDIES NOT EXCLUSIVE The obligation of Tenants to pay the rent reserved hereby during the balance of the term hereof, or during any extension hereof, shall not be deemed to be waived, released or terminated, by the service of any five-day notice, other notice to collect, demand for possession, or notice that the tenancy hereby created will be terminated on the date therein named, the institution of any action of forcible detainer or ejectment or any judgment for possession that may be rendered in such action, or any other act or acts resulting in the termination of Tenants’ right to possession of the Premises. The Landlord may collect and receive any rent due from Tenants and payment or receipt thereof shall not waive or affect any such notice, demand, suit or judgment, or in any manner whatsoever waive, affect, change, modify or alter any rights or remedies which Landlord may have by virtue hereof. SECTION 21. EXPENSES OF ENFORCEMENT Tenants, if Landlord is the prevailing party, shall pay upon demand all Landlord’s costs, charges and expenses, including attorney’s fees, agents fees and fees of others retained by Landlord, incurred in enforcing any of the obligations of Tenants under this Agreement, or in any litigation, negotiation or transaction in which Landlord shall, without Landlord’s fault become involved through or on account of any action or omission of Tenants regarding this Agreement. Landlord, if Tenants are the prevailing party, shall pay upon demand all Tenants’ costs, charges and expenses, incurred in enforcing any of the obligations of Landlord under this Agreement, or in any litigation, negotiation or transaction in which Tenant shall, without Tenants’ fault become involved through or on account of any action or omission of Landlord regarding this Agreement. SECTION 22. EMINENT DOMAIN A. MORE THAN 30 PERCENT TAKEN: If 30 percent or more of the Premises are taken for a public or quasi-public use, this Agreement will terminate as of the date of the physical taking, and the Parties will be released from all further liability. B. LESS THAN 30 PERCENT TAKEN: If the taking affects less than 30 percent of the Premises, the Landlord will, with reasonable diligence, proceed at Landlord’s expense to repair the Premises and place them in tenantable condition within 120 days after the date of the actual physical taking. However, if 25% percent or more of the Premises as a whole is taken, the Landlord may elect to terminate this Agreement, notwithstanding that less than 30 percent of the Premises were taken. On termination, the parties will be released from all further liability under this Agreement. C. ABATEMENT OF RENT: During any repair, Tenants will be required to pay only that part of the fixed minimum monthly rental as the area of the tenantable Premises remaining during repairs bears to the entire area leased. On completion of repairs, the fixed minimum 262 of 945 17 monthly rental will be adjusted in proportion to the repaired area, and Tenants will be required to pay the adjusted fixed minimum monthly rental in accordance this Agreement (attributable to the portion of the Premises taken) and the remainder of the fixed minimum monthly rental shall be forever waived and forgiven by Landlord. D. RIGHT TO CONDEMNATION AWARD: Any award made in any condemnation proceeding for the taking of any part of the Premises will be the sole property of Landlord, except that Tenants can make a claim for the unamortized portion of the cost incurred by Tenants for the Premises Improvements. SECTION 23. GOVERNMENTAL INTERFERENCE WITH POSSESSION Except as expressly set forth in Section 25, Tenants will not be released from its obligation should their possession of the Premises be interfered with by adoption of any law, ordinance, resolution, regulation or act of any legal or governmental authority. Further, Tenants will not be released by any order of abatement or judgment preventing use of the premises on the ground that the Premises or the business operated there constitutes a legally recognized nuisance. SECTION 24. PEACEFUL ENJOYMENT Landlord covenants and warrants that it is the owner of the Property and Premises, and that Tenants, on payment of rents and performance of the conditions, covenants, and agreements to be performed by it, may enjoy the Premises without interruption or disturbance. Landlord covenants, represents and warrants that there is no mortgage, deed of trust or similar encumbrance affecting the Property, as of the date hereof. SECTION 25. EFFECT OF WAIVER OF BREACH OF COVENANTS No waiver of any breach of any condition of this Agreement will be construed to be a waiver of any other breach of provision, covenant or condition. SECTION 26. AMENDMENTS TO BE IN WRITING This Agreement may be modified or amended only in writing signed by Landlord and Tenants. It may not be amended or modified by oral agreements between the Parties unless they are in writing duly executed by Landlord and Tenants. SECTION 27. PARTIES BOUND Every provision of this Agreement will bind the parties and their legal representatives. The term “legal representatives” is used in its broadest meaning and includes, in addition to assignees, every person, partnership, corporation or association succeeding to any interest in this Agreement. Every covenant, agreement and condition of this Agreement will be binding on Tenant’s successors and assignees. Any sublease, concession or license agreement will be subject and subordinate to this Lease. 263 of 945 18 SECTION 28. NOTICES All notices or demands that either party may need to serve under this Agreement may be served on the other party by mailing a copy by registered or certified mail to the following addresses for the parties (or at such other address as the applicable party may designate in a written notice to the other party): If to the City: with a copy to: City Manager Corporation Counsel 2100 Ridge Avenue 2100 Ridge Avenue Evanston, IL 60201 Evanston, IL 60201 Fax: 847-448-8083 Fax: 847-448-8093 If to Tenants: «Tenant» «Tenant» 927 Noyes Street «Tenants_address» Evanston, IL 60201 «Tenants_address_City» Service will be deemed complete at the time of the leaving of notice or within 2 days after mailing. In the event that it appears that Tenants are avoiding the service of any notice and is not present at the Premises for a period of more than 14 consecutive days, notices may be served by posting such notice upon the Premises. Notice shall than be deemed effective 5 days after such posting. SECTION 29. MISCELLANEOUS A. Provisions typed on this Agreement and all riders attached to this Agreement and signed by Landlord and Tenant are hereby made a part of this Agreement. B. Tenant shall keep and observe such reasonable rules and regulations now or hereafter required by Landlord, which may be necessary for the proper and orderly care of the building of which the Premises are a part. C. All covenants, promises, representations and agreements herein contained shall be binding upon, apply and inure to the benefit of Landlord and Tenants and their respective heirs, legal representatives, successors and assigns. D. The rights and remedies hereby created are cumulative and the use of one remedy shall not be taken to excuse or waive the right to the use of another. E. The words “Landlord” and “Tenant” wherever used in this Agreement shall be construed to mean Landlords or Tenants in all cases where there is more than one Landlord or Tenant herein; and the necessary grammatical changes shall be assumed in each case as though full expressed. 264 of 945 19 F. This Agreement and any written and signed Amendments and/or Riders hereto shall constitute the entire agreement between the parties, and any oral representations made by one party to the other are considered merged herein. G. In all cases where Landlord’s consent is required, Landlord’s consent shall not be unreasonably withheld. H. This Agreement may be executed in multiple copies, each of which shall constitute an original. SECTION 30. VENUE AND JURISDICTION The Parties agree the this Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois and that venue for any disputes shall be in the Circuit Court of Cook County, Illinois. SECTION 31. FORCE MAJEURE Other than for Landlord’s and Tenants obligations under this Lease that can be performed by the payment of money, whenever a period of time is herein prescribed for action to be taken by either party hereto, such time period will be extended by a period equal to the period of any delays in performance by the applicable party due to any of the following events (“Force Majeure”): (i) Acts of God, (ii) strike or other such labor difficulties not specific to any labor issue existing only at the Property, (iii) extraordinary weather conditions greatly exceeding norms for the greater metropolitan area where the Premises located, (iv) extraordinary scarcity of or industry-wide inability to obtain supplies, parts or employees to furnish such services, or (v) or any cause whatsoever beyond a party’s control. For purposes of this Section 31, a cause or event shall not be deemed to be beyond a party's control, if it is within the control of such party's agents, employees or contractors. 265 of 945 20 IN WITNESS WHEREOF, both of said Landlord and Tenants caused this Agreement to be executed as of the date signed by the Landlord. Landlord: THE CITY OF EVANSTON, an Illinois home rule municipal corporation By: __________________________________ Date: ____________________ Its: City Manager, Wally Bobkiewicz Tenant: «Tenant», «Tenant_Description_» By: _________________________________ Its: _________________________________ 266 of 945 21 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL 1: BLOCK 1 IN TAIT’S SUBDIVISION OF BLOCK 4 OF ORRINGTON ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART EAST OF THE CENTER LINE OF RIDGE AVENUE OF THE SOUTH ½ OF THE NORTH ½ OF THE SOUTH WEST ¼, AND THAT PART BETWEEN THE WEST LINE OF BLOCK 92 OF THE VILLAGE OF EVANSTON AND THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD OF THE NORTH ½ OF THE NORTH ½ OF THE SOUTH ½ OF THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 2: LOTS 12 TO 21, BOTH INCLUSIVE, IN BLOCK 2 IN TAIT’S SUBDIVISION OF BLOCK 4 OF ORRINGTON ADDITION TO EVANSTON, ACCORDING TO THE PLAT OF SAID TAIT’S SUBDIVISION RECORDED MARCH 8, 1906, AS DOCUMENT NUMBER 3829417, TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF AND ADJOINING SAID LOT 12 IN BLOCK 2 IN TAIT’S SUBDIVISION, AFORESAID, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 3: LOTS 1, 2, 3 AND 4 IN BLOCK 1 IN A. BURROUGHS’ ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART OF LOT 15 AND THE EAST 145.5 FEET OF LOT 16 LYING WEST OF THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF LOT 1 AND NORTH OF THE LOTS 2, 3 AND 4 IN SAID BLOCK 1, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 4: LOTS 1, 2, 3, 4 AND THE EAST 19 FEET OF LOT 5 IN BLOCK 2 IN A BURROUGHS’ ADDITION TO EVANSTON, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED APRIL 15, 1893, AS DOCUMENT NUMBER 1850049; TOGETHER WITH THE VACATED 16 FOOT ALLEY LYING EAST OF THE EAST LINE OF LOT 5 AND WEST OF THE WEST LINE OF SAID LOTS 1, 2, 3 AND 4 IN SAID BLOCK 2, ALSO TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF AND ADJOINING SAID LOT 4 IN BLOCK 2, AFORESAID, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 5: THAT PART OF LOT 16 IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: 267 of 945 22 COMMENCING AT A POINT ON THE NORTH LINE OF NOYES STREET, WHICH IS 323.8 FEET EAST OF THE INTERSECTION OF SAID NORTH LINE OF NOYES STREET WITH THE CENTER LINE OF RIDGE AVENUE; THEN CONTINUING EAST ALONG THE NORTH LINE OF NOYES STREET, 125 FEET; THENCE NORTH 115.5 FEET TO THE SOUTH LINE OF LAND FORMERLY OWNED AND OCCUPIED BY ALONZO BURROUGHS, BEING NOW THE SOUTH LINE OF A. BURROUGHS’ ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART OF LOT 15 AND THE EAST 145.5 FEET OF LOT 16 LYING WEST OF THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD IN ASSESSOR’S DIVISION, AFORESAID; THENCE WEST ALONG THE LAST DESCRIBED LINE, 125 FEET TO THE EAST LINE OF THE WEST ½ OF SAID LOT 16 (BEING ALSO THE EAST LINE OF FOSTER AND KLINE’S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST ½ OF THE LOT 16 IN ASSESSOR’S DIVISION, AFORESAID): THENCE SOUTH ALONG THE LAST DESCRIBED LINE, 115.5 FEET TO THE PLACE OF BEGINNING, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 6: LOTS 3 AND 4 IN FOSTER AND KLINE’S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST ½ OF LOT 16 IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 7: ALL THAT PART OF VACATED ERVIN COURT LYING SOUTH OF THE SOUTH LINE OF COLFAX STREET AND NORTH OF THE NORTH LINE OF NOYES STREET, SAID ERVIN COURT HAVING BEEN VACATED BY CITY OF EVANSTON ORDINANCE DATED NOVEMBER 23, 1931, AND RECORDED MARCH 23, 1932, AS DOCUMENT NUMBER 11063489, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Real property address: 927 Noyes, Evanston, Illinois 60201 PIN:11-07-114-027-0000 268 of 945 EXHIBIT B NOYES CULTURAL ARTS CENTER PROPERTY FEES SCHEDULE 269 of 945 Exhibit BJanuary 1, 2019FY 2019FEEDESCRIPTIONA/C & AIR HANDLING UNITS$93.73 Monthly fee for studios ranging between 1-500 sq. ft. $125.66Monthly fee for studios ranging over 500 and up to 1,000 sq. ft. $156.56Monthly fee for studios ranging over 1,000 and up to 2000 sq. ft. $186.43Monthly fee for studios over 2,000 sq. ft.KEYS$5.00First two (2) keys to all Leased spaces with a Lessor installed lock includedNOYES GALLERIES$50.00 Hourly rate for residents, 60201 & 60202$100.00Hourly rate for non-residentsPARKING - LOT #51$32.00 Monthly fee for each permit$352.00 Yearly fee for each permit, must be paid in full $30.00 Bundle Pack (6) Daily PermitsSTAFF & UTILITY FEE$66.00Additional Hourly rate for all users if Bldg. is occupied other than normal Bldg. hours.STUDIO #106*$20.00 Tenant rate/hourly for activities relative to lease $50.00Evanston Resident Rates, 60201 & 60202 $60.00Non-Resident Rates SQUARE FOOT $12.51BasementRATE$16.551st Floor$14.712nd Floor OBSERVED HOLIDAYS 2019• New Year's Day, Tuesday January 1, 2019 • New Year's Day Observed, Wedneday January 2, 2019 • Dr. Martin Luther King, Jr.'s Birthday, Monday January 21, 2019• Memorial Day, Monday May 27, 2019• Fourth of July, Thursday July 4, 2019• Labor Day, Monday, September 2, 2019• Wednesday, November 27, 2019, building closes at 3:00pm• Thanksgiving Day, Thursday, November 28, 2019• Friday After Thanksgiving, Friday, November 29, 2019 • Christmas Eve, Tuesday December 24, 2019• Christmas Day, Wednesday December 25, 2019• New Year's Eve, Tuesday December 31, 2019 close at 3:00pm• New Year's Day, Wednesday January 1, 2020 LESSEE: ______________DATE:___________ 270 of 945 For City Council Meeting of December 10, 2018 Item A14 Resolution 106-R-18: Twelve -month Noyes Studio Lease Renewal with Tenants For Action To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Lawrence C. Hemingway, Director, Parks, Recreation & Community Services Karen Hawk, Assistant Director, Parks, Recreation & Community Services Subject: Resolution 106-R-18, Twelve-Month Lease Agreements for Studio Space at Noyes Cultural Arts Center Date: December 10, 2018 Recommended Action: Staff recommends City Council approval of Resolution 106-R-18 authorizing the City Manager to enter into twenty-two (22) renewal agreements for a twelve (12) month lease for the artist leases for studios at the Noyes Cultural Arts Center. Funding Source: Revenues are deposited into the Noyes Cultural Arts Business Unit 100.30.3710.53565. Livability Benefits: Education, Arts & Community: Incorporate arts and cultural resources Support social and cultural diversity Summary: The studio lease renewals are for a twelve (12) month term (01/01/2019-12/31/2019). Fees include a two percent (2%) rental rate increase from 2018 rates. Attachments: Resolution 106-R-18 Exhibit A Tenant List with New Rental Rates Exhibit B Studio Master Lease and Fee Schedule Memorandum 271 of 945 11/26/2018 106-R-18 A RESOLUTION Authorizing the City Manager to Enter into Twelve Month Lease Agreements for Studio Spaces at the Noyes Cultural Arts Center BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COUNTY OF COOK, STATE OF ILLINOIS: SECTION 1: 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 of Evanston, twenty-two (22) renewals of studio leases by and between the City and resident artists of the Noyes Cultural Arts Center. The list of the twenty-two (22) tenants of the Noyes Cultural Arts Center and corresponding lease terms is attached hereto and incorporated herein by reference as Exhibit A. The leases shall be in substantial conformity with the leases marked as Exhibit B (Master Studio Lease) attached hereto and incorporated herein by reference. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional terms and conditions of the leases as may be determined to be in the best interests of the City. SECTION 3: Resolution 106-R-18 shall be in full force and effect from and after its passage and approval in the manner provided by law. 272 of 945 106-R-18 ~2~ ______________________________ Stephen H. Hagerty, Mayor Attest: ______________________________ Devon Reid, City Clerk Adopted: __________________, 2018 Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 273 of 945 106-R-18 ~3~ EXHIBIT A TENANT LIST Tenant Leased Spaces Monthly rate Annual Total Rent Tenant Specific Use of Premises Minimum Community Engagement Amount Actors Gymnasium Great Hall, 100, 108, A (storage) $6,519.58 $78,234.96 circus offering performing arts classes $11,735.24 Art Encounter 222 $1,083.83 $13,005.96 visual arts studio providing classes and workshops $1,950.89 Barbara Goldsmith B-10.A $450.70 $5,408.40 sculpting studio $811.26 Etc. Music 213 $1,161.21 $13,934.52 community music school $2,090.17 Fay Kaiser 218 $356.35 $4,276.20 Singer and voice lesson studio $641.43 Meagan Adams 211 $1,137.49 $13,649.88 Visual Arts Studio $2,047.48 Jennifer Presant 217 $1,032.73 $12,392.76 oil paint studio $1,858.91 Laura and Leslie Hirshfield B-6 $973.08 $11,676.96 visual cloisonné enameling studio $1,751.54 Maggie Weiss 221 $1,099.98 $13,199.76 textile and quilt making studio $1,979.96 Zafar Malik 214 $356.06 $4,272.72 painting studio $640.90 Adriana Poterash 214 $314.10 $3,769.20 painting and sculpting $565.38 Mary Anne Brown B-10.B $570.90 $6,850.80 metalsmith and jewelry design studio $1027.62 Naomi Sondak 224 $165.40 $1,984.80 painting studio $297.72 274 of 945 106-R-18 ~4~ Piven Theatre Workshop 110, 105, 103, 102 $6,099.32 $73,191.84 theatre offering classes, workshops and performances $10,978.77 Sally Piepmeier 212 $366.65 $4,399.80 visual arts/writing studio $659.97 Sarah Kaiser 215 $1,017.15 $12,205.80 drawing, painting, printmaking and teaching studio $1,830.87 Bonny Katz 219 $348.60 $4,183.20 mosiac, painting and sculpting studio $627.48 Monica Steinmetz Sageman 216 $292.62 $3,511.44 painting studio $526.71 David Gista 109 $365.77 $4,389.24 Painting studio $658.38 Socorro Mucino & Janet Weber 220 $311.80 $3,741.60 Printmaker $561.24 James Evansizer B-2.A $109.55 $1,314.60 visual arts studio $197.19 Eric Beauchamp B-13 $1,053.94 $12,647.28 woodworking $1,897.09 275 of 945 106-R-18 ~5~ EXHIBIT B MASTER STUDIO LEASE 276 of 945 277 of 945 278 of 945 279 of 945 280 of 945 281 of 945 282 of 945 283 of 945 284 of 945 285 of 945 286 of 945 287 of 945 288 of 945 289 of 945 290 of 945 291 of 945 292 of 945 293 of 945 294 of 945 295 of 945 296 of 945 297 of 945 298 of 945 299 of 945 January 1, 2019FY 2019FEEDESCRIPTIONA/C & AIR HANDLING UNITS$93.73 Monthly fee for studios ranging between 1-500 sq. ft. $125.66Monthly fee for studios ranging over 500 and up to 1,000 sq. ft. $156.56Monthly fee for studios ranging over 1,000 and up to 2000 sq. ft. $186.43Monthly fee for studios over 2,000 sq. ft.KEYS$5.00First two (2) keys to all Leased spaces with a Lessor installed lock includedNOYES GALLERIES$50.00 Hourly rate for residents, 60201 & 60202$100.00Hourly rate for non-residentsPARKING - LOT #51$32.00 Monthly fee for each permit$352.00 Yearly fee for each permit, must be paid in full $30.00 Bundle Pack (6) Daily PermitsSTAFF & UTILITY FEE$66.00Additional Hourly rate for all users if Bldg. is occupied other than normal Bldg. hours.STUDIO #106*$20.00 Tenant rate/hourly for activities relative to lease $50.00Evanston Resident Rates, 60201 & 60202 $60.00Non-Resident Rates SQUARE FOOT $12.51BasementRATE$16.551st Floor$14.712nd Floor OBSERVED HOLIDAYS 2019• New Year's Day, Tuesday January 1, 2019 • New Year's Day Observed, Wedneday January 2, 2019 • Dr. Martin Luther King, Jr.'s Birthday, Monday January 21, 2019• Memorial Day, Monday May 27, 2019• Fourth of July, Thursday July 4, 2019• Labor Day, Monday, September 2, 2019• Wednesday, November 27, 2019, building closes at 3:00pm• Thanksgiving Day, Thursday, November 28, 2019• Friday After Thanksgiving, Friday, November 29, 2019 • Christmas Eve, Tuesday December 24, 2019• Christmas Day, Wednesday December 25, 2019• New Year's Eve, Tuesday December 31, 2019 close at 3:00pm• New Year's Day, Wednesday January 1, 2020 LESSEE: ______________DATE:___________ 300 of 945 For City Council meeting of December 10, 2018 Item A15 Resolution 110-R-18, Amendment to Agreement for Purchase/Sale of Property at 1714-1720 Chicago Ave For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Johanna Leonard, Community Development Director Paul Zalmezak, Economic Development Manager Subject: Resolution 110-R-18, Amendment to the Purchase and Sale Agreement for the City-Owned Real Property Located at 1714-20 Chicago Avenue to Chicago Avenue Partners, LLC Date: November 29, 2018 Recommended Action: Staff recommends City Council approval of Resolution 110-R-18, “Authorizing the City Manager to Amend the Purchase and Sale Agreement for the City-Owned Real Property Located at 1714-20 Chicago Avenue to Chicago Avenue Partners, LLC” The first amendment to the contract, executed in July 2018 established an approval period which expires at 5:00 p.m. Central Time on December 12, 2018. Livability Benefits: Economy & Jobs: Expand and retain local business Summary: Staff is recommending the approval period for the contract be extended to June 12, 2019 to accommodate the Planned Development review process. Staff recommends developer submit a $50,000 non-refundable deposit in consideration of the City granting the additional 6-month extension Currently the developer, Chicago Avenue Partners LLC is in the Plan Commission stage of the planned development review process. The developer submitted the original application for a planned development on June 1, 2018. Subsequently, the developer appeared before the City’s staff panel, the Design and Project Review Committee, on July 11, 2018. After receiving feedback on the proposed development from staff, the development team updated its project and submitted an updated application on October 29, 2018. A second DAPR meeting was held on November 14, 2018 to review the updated development. After reviewing the development, staff provided a recommendation to deny the project to the Plan Commission. Notices were mailed to Memorandum 301 of 945 residents within a 1,000 foot radius of the project following DAPR notifying residents of the Plan Commission meeting to be held on December 12, 2018. If approved for an extension, the next steps in the planned development review process will be review by the Plan Commission, followed by review by the Planning & Development Committee of the City Council, and finally full City Council. Depending on whether the Plan Commission convenes one or multiple meetings on this project, this project could reach Planning & Development Committee/City Council in February or early March. Background: Over the past several years, this property has been identified by multiple parties as a potential redevelopment site for mixed use office/residential, performing arts, housing, and hotels. In recent months, interest in office development for the site has increased as Evanston’s office vacancy rate declines and the demand for Class A office space increasing. The placement of an office use, or other acceptable use would support the growing downtown retail and restaurant base, and would increase the City’s total tax base, which would help control tax increases for all Evanston taxpayers The property, commonly referred to as “the Library parking lot”, is an estimated 32,000 square feet. The parking lot is one of the City’s off street parking lots (Lot 3) and contains 74 parking spaces. The lot features a solar canopy solar powered charging station. Legislative History: The City Council authorized the City Manager to negotiate the sale of the property in May 2017. At the September 25, 2017, the City Council meeting adopted Ordinance 52-O-17, “Authorizing the City Manager to Enter into a Real Estate Contract with MHDC SLF, LLC for the Sale of Certain City-Owned Real Property at 1714-18 Chicago Avenue, Evanston, Illinois” which included a sale price of $4,000,000. Attachments: -Map of Property -Resolution 110-R-18 with agreement 302 of 945 303 of 945 11/29/2018 110-R-18 A RESOLUTION Authorizing the City Manager to Execute an Amendment to the Purchase and Sale Agreement for the City-Owned Real Property Located at 1714-1720 Chicago Avenue to Chicago Avenue Partners, LLC WHEREAS, the City of Evanston owns certain real property located at 1714-1720 Chicago Avenue, which is a surface parking lot (the “Property”); and WHEREAS, on September 25, 2017, the City Council adopted Ordinance 52-O-17 approving the real estate sale agreement (the “Agreement”) with Chicago Avenue Partners, LLC and the parties executed the Agreement on October 26, 2017, attached as Exhibit 1 is a copy of the Agreement; and WHEREAS, Section 6(b) of the Agreement provides for Purchaser to have a period to seek municipal and other approvals for the development of the Subject Property (called the “Approval Period”), and during the pendency of the Approval Period Purchaser has the right in its discretion to terminate the Agreement. WHEREAS, on July 24, 2018, the Parties entered into an amendment to extend the approval period contained in the agreement from May 24, 2018 to December 12, 2018. Purchaser is still in the process of seeking approvals for the development of the Subject Property but needs additional time to seek such approvals before it will commit to waiving its right to terminate the Agreement; and WHEREAS, in consideration of the City granting an additional 6-month extension, the $50,000 deposit provided for Section 4(a) is non-refundable; and 304 of 945 110-R-18 ~2~ WHEREAS, the City Council has determined that it is in the best interests of the City of Evanston to extend the approval period provided in the real estate sale agreement by and between the City, as Seller, and Chicago Avenue Partners, LLC, as Buyer, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Manager is hereby authorized and directed to execute the Second Amendment to Purchase and Sale Agreement (“Amendment”) with Chicago Avenue Partners, LLC, attached hereto and incorporated by reference as Exhibit “2”. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Amendment as he may determine to be in the best interests of the City. SECTION 3: This Resolution 110-R-18 shall be in full force and effect from and after its passage and approval in the manner provided by law. ________________________________ Stephen H. Hagerty, Mayor Attest: Approved as to form: ___________________________ ________________________________ Devon Reid, City Clerk Michelle L. Masoncup, Corporation Counsel Adopted: __________________, 2018 305 of 945 110-R-18 ~3~ EXHIBIT 1 REAL ESTATE AGREEMENT 306 of 945 307 of 945 308 of 945 309 of 945 310 of 945 311 of 945 312 of 945 313 of 945 314 of 945 315 of 945 316 of 945 317 of 945 318 of 945 319 of 945 320 of 945 321 of 945 322 of 945 323 of 945 324 of 945 325 of 945 326 of 945 110-R-18 ~4~ EXHIBIT 2 SECOND AMENDMENT TO REAL ESTATE SALE AGREEMENT 327 of 945 1 SECOND AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE This Second Amendment to Agreement for Purchase and Sale (this “First Amendment”) is made this ____ day of __________, 2018 by and between the City of Evanston (“Seller”) and Chicago Avenue Partners, LLC, an Illinois limited liability company (“Purchaser”). RECITALS A. On October 26, 2017, the parties hereto executed an Agreement for Purchase and Sale (the “Agreement”) setting forth the terms under which Purchaser shall purchase and Seller shall sell certain property located at 1714-1720 Chicago Avenue, Evanston, Illinois. B. Section 6(b) of the Agreement provides for Purchaser to have a period to seek municipal and other approvals for the development of the Subject Property (called the “Approval Period”), and during the pendency of the Approval Period Purchaser has the right in its discretion to terminate the Agreement. C. On July 24, 2018, the Parties entered into an amendment providing the Purchaser an extension for the approval period to December 12, 2018. Purchaser is still in the process of seeking approvals for the development of the Subject Property but needs additional time to seek such approvals before it will commit to waiving its right to terminate the Agreement. D. Seller is willing to extend the Approval Period to give Purchaser additional time to obtain approvals for the development of the Subject Property. NOW, THEREFORE, in consideration of the Recitals which by this reference are incorporated herein, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Defined Terms. Terms defined in the Agreement shall have the same meanings when used in this First Amendment. 2. Deposit. In consideration of the City granting a second extension to the Buyer, the deposit will be non-refundable. Section 4(a) of the Agreement is hereby amended to provide that the deposit issued by the Purchaser pursuant to Agreement is non-refundable as of the date of Execution of this Amendment. The language is amended to read: (a) On November 29, 2017, the Purchaser deposited earnest money with Chicago Title and Trust Company, 10 South LaSalle St. Suite 3100, Chicago, IL 60603 ("Escrow Agent") in the sum of Fifty Thousand and No/100 Dollars ($50,000.00) ("Deposit"), as Escrow Agent, at the expense of Purchaser, pursuant to the terms and provisions of Exhibit B. On the Effective Date of the Second Amendment, the Deposit is non-refundable. Buyer will direct the Escrow Agent to wire the funds 328 of 945 2 to the City of Evanston within 5 business days of the Effective Date. If the transaction closes, in accordance with Paragraph 11, the City will provide a credit at closing for the $50,000. If the transaction does not close and the agreement is terminated, the City will retain the funds and Purchaser may not seek any reimbursement for costs associated with the transaction or refund of the Deposit. 3. Approval Period. Section 6(b) of the Agreement is hereby amended to provide that the Approval Period shall expire at 5:00 p.m. Central Time on June 12, 2019. 4. Effect of Amendment. All provisions of the Agreement not amended hereby shall remain in full force and effect. SELLER: CITY OF EVANSTON, ILLINOIS By: Name: Title: PURCHASER: CHICAGO AVENUE PARTNERS LLC, an Illinois limited liability company By: Name: Title: 329 of 945 For City Council meeting of December 10, 2018 Item A16 Resolution 109-R-18 – Easement Agreement with 324 Dempster Property Owner For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Lara Biggs, P.E., Bureau Chief – Capital Planning / City Engineer Sat Nagar, P.E., Senior Project Manager Subject: Resolution 109-R-18, Easement agreement for existing sidewalk in the alley adjacent to 324 Dempster Street Date: November 29, 2018 Recommended Action: Staff recommends City Council adopt Resolution 109-R-18 authorizing the City Manager to execute an easement agreement with the property owner of 324 Dempster Street for a two and a half feet wide by seventy five feet long easement in the alley adjacent to property. The easement would be granted for a 50 year period. Livability Benefit: Built Environment: Provide compact and complete streets and neighborhoods Summary: The property at 324 Dempster Street is approximately one hundred thirty years old and the property has been built to the property line without any setbacks. The alley adjacent to the building is eleven feet wide and there is an existing concrete sidewalk adjacent to building on the east side. The alley is narrow and the sidewalk encroaching the alley right-of-way protects the building from the vehicles using the alley. The current property owner purchased the property in 2016 and then reconstructed the existing concrete sidewalk that was deteriorating. The sidewalk encroaches the alley right-of-way two and one half feet for seventy five feet along the building as shown on the attached plat of easement. The sidewalk is necessary to protect the building and an easement is required is required to maintain the sidewalk in the public right-of-way. Attachments: Resolution 109-R-18 Easement Agreement with Plat of Easement and Legal Description Memorandum 330 of 945 11/27/2018 109-R-18 A RESOLUTION Authorizing the City Manager to Negotiate and Execute an Easement for Existing Sidewalk in the Alley Adjacent to 324 Dempster Street NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Manager is hereby authorized to execute an Easement Agreement with the owner of the property located at 324 Dempster Street (the “Subject Property”) for the City to grant an easement for the existing sidewalk in the alley of the Subject Property. The Plat of Easement is attached hereto as Exhibit 1 and incorporated herein by reference. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Easement Agreement as he may determine to be in the best interests of the City and in a form acceptable to the Corporation Counsel. SECTION 3: Resolution 109-R-18 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Adopted: __________________, 2018 Approved to form: _______________________________ Michelle L. Masoncup, Corporation Counsel 331 of 945 109-R-18 ~ 2 ~ EXHIBIT 1 PLAT OF EASEMENT 332 of 945 333 of 945 Upon recording return to: City of Evanston 2100 Ridge Avenue, Room 4400 Evanston, Illinois 60201 Attn: Mario Treto, Jr. [Recording area only] EASEMENT AGREEMENT This Easement Agreement is entered into this ____ day of ___________, 2018, by and between the City of Evanston, an Illinois Home Rule Municipal Corporation (“Grantor”), and Abas Fard, an individual (“Grantee”). RECITALS WHEREAS, the Grantor is the owner of real property used for a public right-of-way, an alley south of Dempster Street and East of Judson Avenue (“Subject Property”); and WHEREAS, the Grantee owns the residential home with common address of 324 Dempster Street (P.I.N. 11-19-202-002-0000) (“Grantee’s Property”), which abuts the Subject Property; and WHEREAS, Grantee installed a sidewalk on Grantor’s property on or about 2016 for the benefit of the Grantee’s Property as depicted in Exhibit A, Plat of Easement, and the sidewalk requires continual maintenance which the Grantee seeks to maintain; and WHEREAS, Grantor has no use of the 2.50’ by 75.00’ strip of land and agrees to provide Grantee an easement to replace the fence as outlined in this Agreement, NOW, THEREFORE, in consideration of the covenants and promises set forth herein, the parties agree that: 1. The foregoing of Recitals are hereby incorporated herein and made part if hereof. 2. The Grantor hereby grants to the Grantee an exclusive easement on the Subject Property for fifty (50) years (“Easement Term”). 334 of 945 3. The Easement Premises shall run on the southern section of Dempster Street, as legally described on the Plat of Easement attached as Exhibit A. The Easement is 75 feet in length and 2.5 feet wide, for a total easement area of 187.5 square feet. 4. The Grantor will not assess an easement fee for the 50-year term. 5. The grant of easement shall be subject to the conditions that: a. Grantee cannot expand the scope of the Easement Premises without written consent of the Grantor. b. If the Easement Premises need to be accessed and disturbed for any Grantor operational issue and Grantor cannot reasonably address the issue presented without disturbing the Easement Premises, the City is entitled to remove the fence temporarily. Grantor is not liable to the Grantee for any damage to the fence. Any re-installation of the existing fence or a new fence must be performed at Grantee’s expense. Specifically, Grantee acknowledges that a Grantee owned water main is located in close proximity to the Easement Area. Any water main breaks or repair will result in fence removal to allow City of Evanston crews access to perform the necessary work to the water main. c. Grantee agrees to perform all necessary maintenance and repair to the fence throughout the Easement Term and if applicable, during the renewal easement term. 6. Indemnification. Grantee will hold harmless, indemnify and defend Grantor, its lessees, franchises, licensees, employees, agents, personal representatives, contractors, successors and assigns, against any and all claims, demands, loss, damage, liabilities, costs, expenses and all suits liens, causes of actions and judgments (including, but not limited to reasonable attorney’s fees) arising out of, or in any way related to, or in connection with, or as a result or consequence of this easement and/or use of the Easement Premises or Grantee’s acts or omissions under this easement agreement, to the extent of Grantee’s willful or negligent exercise of rights and privileges granted by this easement agreement. The Grantee’s obligations in this section shall survive any termination or expiration of this easement agreement. 7. Release. Grantee shall enter upon the Easement Premises and conduct Grantee’s Work at its sole risk, cost and expense. Grantee hereby waives and relinquishes any and all claims, demands, loss, damage, liabilities, costs, expenses and all suits, liens, causes of actions and judgments related to the subject matter of this easement agreement now or hereafter arising in Grantee or any of its employees’, contractors’ or agents’ favor occasioned by, directly or indirectly, the conditions of the Grantor’s Subject Property and the Easement Premises or any improvements thereon or any other facts or occurrences with respect to Grantee’s conduct under this easement agreement, other than willful or 335 of 945 negligent acts of Grantor. The Grantee’s obligations in this section shall survive any termination or expiration of this easement agreement. 8. This document contains the entire agreement between the parties relating to the rights granted herein and the obligations herein assumed. Any oral representations or modifications concerning this agreement shall be of no force and effect, and modifications to this agreement shall be in writing and shall be signed by all parties to this agreement. 9. This Agreement for an easement shall constitute a covenant running with the land binding upon the Grantors and any of the Grantors’ lessees, transferees, successors in interest, heirs, executors, and administrators. 10. The laws of the State of Illinois shall govern the terms of this agreement both as to interpretation and performance and any action brought to enforce the agreement shall be brought in the Circuit Court of Cook County. 11. This Agreement shall be recorded by the Grantee with the Cook County Recorder of Deeds notifying all future purchasers and other interested parties. IN WITNESS THEREOF, this agreement is made the date signed by the City. City of Evanston Abas Fard By:_________________________ By: _________________________ Wally Bobkiewicz, City Manager Print: _______________________ 336 of 945 EXHIBIT A PLAT OF EASEMENT 337 of 945 338 of 945 For City Council Meeting of November 12, 2018 Item A17 Ordinance 121-O-18: Authorizing Ambulance Donation to NORTAF For Introduction To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Erika Storlie, Director of Administrative Services/Assistant City Manager Sean Ciolek, Division Manager of Facilities and Fleet Dave Waite, Fleet Supervisor Subject: Ordinance 121-O-18, Donation of Ambulance to the North Regional Major Crimes Task Force Organization Date: November 12, 2018 Recommended Action: Staff recommends that City Council adopt Ordinance 121-O-18, directing the City Manager to donate an ambulance owned by the City to the North Regional Major Crimes Task Force, Major Crash Assistance Team (NORTAF MCAT). This vehicle has been determined to be surplus as a result of a new vehicle replacement being put into service. Livability Benefit: Innovation & Process: Support Local Government Best Practices Summary: North Regional Major Crimes Task Force's Major Crash Assistance Team is a joint group that responds to traffic crashes in 13 surrounding communities including Evanston. The team exists to assist member agencies with the investigation of fatal and severe injury motor vehicle crashes. This ambulance is no longer in top performing condition to serve as an active or even reserve ambulance for the City of Evanston. Instead of auctioning it, it is recommended that it be donated to the North Regional Major Crimes Task Force, Major Crash Assistance Team in order to still serve the City of Evanston along with surrounding communities in a lesser capacity. Memorandum 339 of 945 SURPLUS FLEET VEHICLES/EQUIPMENT Cost Center Department Vehicle # Vehicle Make/Model Vehicle Model Year V.I.N. # L.T.D. Miles/Hours 2315 Administrative Services 317 International 4300 2005 1HTMNAAMX5H162403 90,518 Attachments: Ordinance 121-O-18: Authorizing Ambulance Donation to NORTAF 340 of 945 10/16/2018 121-O-18 AN ORDINANCE Authorizing the Donation of an Ambulance to the North Regional Major Crimes Task Force Organization for Use by the Major Crimes Assistance Team WHEREAS, the North Regional Major Crimes Task Force (NORTAF) has a team, Major Crimes Assistance Team (MCAT), that responds to fatal or potentially fatal traffic crashes in 13 surrounding communities, including Evanston; and WHEREAS, the Evanston Police Department has several members on MCAT and the team responds to an average of 16 crashes per year, but have gone out up to 24 times in one year. MCAT utilizes an ambulance to store all the equipment used by our crash reconstructionists and forensic investigators while on the scene of the crash; and WHEREAS, the City Council of the City of Evanston hereby finds that it is no longer necessary, practical, or economical to retain ownership of a certain ambulance as part of its fleet vehicles; and WHEREAS, the City wishes to donate a 2005 International 4300 Medtec Box Ambulance (“Vehicle”) to NORTAF for use by MCAT pursuant to the terms and conditions contained in the Donation Agreement, attached as Exhibit 1, 341 of 945 121-O-18 ~2~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The above recitals are found as fact and made a part hereof. SECTION 2: That, pursuant to Section 1-17-3(B) of the City Code of the City of Evanston, 2012, as amended, the City Council finds that the fleet vehicle described in Exhibit 1, attached hereto and incorporated herein, has an aggregate value in excess of one thousand five hundred dollars ($1,500.00). SECTION 3: Pursuant to Section 1-17-3(B), the City Council hereby authorizes and directs the City Manager to donate and convey evidence of ownership of the ambulance now owned by the City of Evanston to NORTAF. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: That if any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 6: That this Ordinance 121-O-18 shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. 342 of 945 121-O-18 ~3~ Introduced:_________________, 2018 Adopted:___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: _______________________________ Michelle L. Masoncup, Corporation Counsel 343 of 945 121-O-18 ~4~ EXHIBIT 1 DONATION AGREEMENT 344 of 945 CITY OF EVANSTON AND NORTAF MCAT VEHICLE DONATION AGREEMENT THIS AGREEMENT is entered into this ___ day of __________, 2018 by and between the City of Evanston (hereinafter, “City”), an Illinois municipal corporation , 2100 Ridge Avenue, Evanston, Illinois 60201 and North Regional Major Crash Assistance Team (hereinafter, referred to as “NORTAF MCAT”). The City and the Donor will be collectively referred to herein as the “Parties.” RECITALS WHEREAS, the City wishes to donate a 2005 International 43 00 with Medtec Box Ambulance (“Vehicle”) to NORTAF Major Crash Assistance Team pursuant to the terms and conditions contained herein ; and WHEREAS, NORTAF wishes to accept full ownership of the Vehicle from the City for the use and benefit of NORTAF MCAT operations, which provides assistance in fatal or potentially fatal traffic crashes in 13 communities, including Evanston; and NOW, THEREFORE, the City and NORTAF MCAT , in consideration of the mutual covenants set forth below, hereby agree as follows; having first found the foregoing recitals as fact: AGREEMENT 1. DONATION: Donor transfers all rights of ownership to the Vehicle listed on this Agreement below to NORTAF (the “Donation”). Donor will deliver the Vehicle to NORTAF free and clear of any liens, claims or other enc umbrances of any type. Donor will furnish a signed, sworn and notarized Certificate of Title, attached hereto and incorporated herein as Exhibi t "1", to NORTAF certifying that the Donation is free of liens, claims, and other encumbrances . This Section will survive termination of this Agreement. Vehicle Year: 2005 Vehicle Make: International Vehicle Model: 4300 SBA LP Vehicle Color: Red Vehicle Identification Number (“VIN”): 1HTMNAAMX5H162403 Vehicle Mileage: 90,518 Vehicle Value: $5,000 2. DONATION PURPOSE: Parties understand and agree that the Vehicle will be available for general use by NORTAF MCAT in accordance with NORTAF policies. 345 of 945 2 Further, the Vehicle will b e maintained as an asset of in accordance with NORTAF policies for as long as it will be reasonable to do so. 3. LIABILITY. The will bear the risk of loss of, or damage to, the Vehicle until the Vehicle is delivered to NORTAF. Upon acceptance of the Vehicle, NORTAF will bear the risk of loss of, or damage to, the Vehicle. NORTAF hereby releases the City of Evanston of all future liability and claims. NORTAF will indemnify the City for any claims arising out its use of the Vehicle filed by third parties. 4. SALE OF VEHICLE. Should NORTAF wish to sell, donate, or otherwise divest itself of the Vehicle, NORTAF may do so without restrictions . 5. NOTICE. Notices under this Agreement are to be in writing and directed to: City of Evanston: NORTAF: Attn: City Manager’s Office Attn: Skokie Police Chief 2100 Ridge Avenue 7300 Niles Center Road Evanston, Illinois 60201 Skokie, Illinois 60077 With a copy to: Law Department City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 6. APPLICABLE LAW. The law of Illinois, including its conflicts of law provisions, shall apply to interpretation and enforcement of this Agreement. Venue shall be within Cook County, Illinois. The parties waive trial by jury. 7. SEVERABILITY. In the event any provision(s) of this Agreement are found by a court of competent jurisdiction to be in violation of applicable law, provision(s) unaffected thereby shall be in effect. 8. ENTIRE AGREEMENT. This document represents the entire Agreement between the City and Donor. Any and all prior agreements, undertakings written and oral, are hereby superseded. This Agreement, and the terms, provisions, promises, covenants and conditions herein, shall be binding upon and shall inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successors and assigns. 346 of 945 3 IN WITNESS HEREOF, the Parties have caused this agreement to be executed and the Effective Date will be the date that the City executes the Agreement (“Effective Date”). NORTAF: City of Evanston: By: _____________________________ By: _____________________________ Print Name: ______________________ Print Name: ______________________ Date: ___________________________ Date: ___________________________ 347 of 945 4 Exhibit 1 Certificate of Title 348 of 945 349 of 945 For City Council Meeting of December 10, 2018 Item A18 Ordinance 122-O-18: Authorization to Negotiate Redevelopment Agreement and Sale of City Property at 2222 Oakton For Introduction & Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Wally Bobkiewicz, City Manager Johanna Leonard, Community Development Director Paul Zalmezak, Economic Development Division Manager Subject: Ordinance 122-O-18, Authorization to Negotiate a Redevelopment Agreement and the Sale of City Property at 2222 Oakton to Clark Street Real Estate, LLC Date: November 26, 2018 Recommended Action: Staff recommends City Council approval of Ordinance 122-O-18, “Authorizing the City Manager to Negotiate a Redevelopment Agreement and the Sale of City-Owned Real Property Located at 2222 Oakton Street with Clark Street Real Estate, LLC”. A two- thirds majority of City Council is required to adopt Ordinance 122-O-18. Due to the single meeting in December, City Manager requests suspension of the Rules for Introduction and Adoption at the December 10, 2018 City Council meeting. Livability Benefits: Economy & Jobs: Retain and expand local businesses Summary: If authorized, the staff will negotiate a redevelopment agreement that establishes the following: 1.Sale Price 2.Due Diligence Period 3.Use Restrictions 4.Define the City Approval Period 5.Site Plan Appearance terms/requirements 6.Zoning Code Text Amendment Process Requirements 7.Non-refundable contract deposit Memorandum 350 of 945 8. Closing date 9. Public Benefits Clark Street Real Estate proposes to purchase the building and the land currently serving as parking immediately adjacent (see the site plan in the attached proposal - lot 3 in the plat of survey) from the City and secure a long term lease with First Ascent for them to operate the climbing gym. Clark Street Real Estate proposes to work with the City to develop a comprehensive plan for the site including but not limited to: the negotiation of a redevelopment agreement, potential rezoning of the site, and design and construction guidelines. Enclosed with the proposal is a letter of intent to purchase the property for $1 million. Upon successful conclusion of negotiations, staff will return at a later date to the CIty Council to seek authority to sell the property. Clark Street will be responsible for submitting plans for zoning review and approval as governed by the city code. In accordance with City Code, public notice of the City’s intent to lease the property will be placed in the Evanston Review. Public notice of a sale of city property is required to be published at least once in a daily or weekly newspaper in general circulation in the City. The public notice must be published not less than 15 days and no more than 30 days prior to the date by which the City will consider the adoption of the ordinance for the sale of the property. Background: First Ascent is a climbing gym with yoga, strength and cardio training facilities and personal training. First Ascent has four facilities in Chicago with plans to open new facilities in Arlington Heights, IL, and Peoria, IL by the end of 2019. Clark Street Real Estate proposes to purchase the property from the City and own the property and lease to First Ascent. The First Ascent team proposes the following: 20,000 square feet of climbing with 250 routes to climb; a fitness area with cardio equipment and functional strength equipment; up to 60 yoga/fitness classes weekly; at least one community event every week; partnerships with local restaurants and retailers to offer experiences unique to Evanston; and after school youth programs focusing on fitness, agility, and social interaction. The estimated total project costs is $3.25-$3.75 million. In addition to $1 million acquisition, Clark Street Real Estate estimates approximately $1 million to $1.5 million in building infrastructure/renovation costs. The First Ascent furniture, fixtures, and equipment is estimated to be $750,000. Soft costs are estimated at $300,000. The source of financing is traditional bank financing and equity. The proposal includes 45 parking spaces. The owners of First Ascent estimate 1,500 members per facility, and 600 users per month for events and one-time uses. First Ascent has identified 2,100 visits from Evanston zip codes at their existing locations suggesting demand for their program. The team believes this site clearly offers unique and compelling synergies that are hard to 351 of 945 replicate in other locations specifically, the amenities offered at James Park, Quad Indoor Sports, and Dawes Elementary School. Clark Street estimates the First Ascent tenant will serve as a community/regional anchor serving the north side of Chicago and adjacent North Shore communities. Programming for youth will provide opportunities for after school programs, summer camps, fundraisers, and youth parties typically provided by experience businesses found in neighboring communities. The proposal includes a link to a video depicting these activities: https://vimeo.com/150355893 Clark Street estimates a number of direct and indirect economic benefits to the city, upon opening in August of 2020 including: ● $1 million purchase price ● $104,000 annual property tax for all taxing entities ● $17,000 annual property taxes to the City of Evanston ● $20,000 annual sales tax on $100,000 in food and retail sales ● Development will not seeking economic incentives, rent incentives/free rent, etc. RFQ/P Background: In July 2018, the City issued an RFQ/P for the former recycling center located at 2222 Oakton Street. Clark Street/First Ascent and Palmhouse Productions (Peckish Pig) responded to the RFP. Four staff members representing the Community Development Department and the Public Works Agency reviewed the proposals. On September 13, 2018, staff and Alderman Rainey conducted in-person interviews with both Palmhouse and First Ascent/Clark Street Real Estate teams. Each team was given direction prior to the meeting to prepare a brief presentation of the proposal and be prepared for questions from the interview panel. Each interview was 60 minutes in total. Thereafter, staff scored the proposals using a scoring matrix. Following the completion of the scoring, the scores from staff were totaled and averaged to create a composite score for each submission. The First Ascent proposal received a total score of 84 out of a possible 100 points and Palmhouse Productions received a total score of 68 out of a possible 100 points. Staff summarized the qualities of both unique responses. The Economic Development Committee debated and ultimately recommended staff seek authority to negotiate with Clark Street/First Ascent. Legislative History: On September 26, 2018, the Economic Development Committee voted 6-1, with one abstention, to recommend the City Council authorize the City Manager to negotiate the sale of 2222 Oakton to Clark Street Attachments: -Ordinance 122-O-18 -Plat of Survey -Clark Street RFP Response 352 of 945 11/29/2018 122-O-18 AN ORDINANCE Authorizing the City Manager to Negotiate a Real Estate Sale Agreement and Redevelopment Agreement for the City-Owned Property Located at 2222 Oakton Street NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Council hereby authorizes the City Manager to negotiate a real estate sale agreement and redevelopment agreement with Clark Street Real Estate, LLC, a Delaware limited liability company. This ordinance permits the City Manager to negotiate the sale of the City’s interests in all or a portion of the real estate legally described in Exhibit A, attached hereto and incorporated herein by reference, with a real property address of 2222 Oakton Street Avenue, Evanston, Illinois 60202. SECTION 2: Pursuant to Subsection 1-17-4-2-(B) of the Evanston City Code, 2012, as amended (the “City Code”), an affirmative vote of two-thirds (⅔) of the elected Aldermen is required to accept the recommendation of the City Manager on the negotiation authorized herein. The City reserves the right to reject any and all negotiations. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 5: If any provision of this Ordinance or application thereof to 353 of 945 122-O-18 ~2~ any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 6: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Ayes: ______________ Nays: ______________ Introduced:_________________, 2018 Adopted:___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _____________________________ Devon Reid, City Clerk Approved as to form: _______________________________ Michelle L. Masoncup, Corporation Counsel 354 of 945 122-O-18 ~3~ EXHIBIT A LEGAL DESCRIPTION LOT 3 IN WILLIAM B. JOHNSON’S SUBDIVISION OF THE EAST 650 FEET OF THE WEST 1075 FEET OF THE SOUTH 150 FEET OF THE NORTH 197 FEET OF THE NORTHWEST 1/4 OF THE NORTHWEST ¼ OF SECTION 25, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 10-25-100-023-0000 Address: 2222 Oakton Street, Evanston IL 60202 (commonly known as the “Recycling Center”) 355 of 945 356 of 945 Andy Stein 357 of 945 358 of 945 Index I.Qualifications Summary II.Development & Operator Team Overview III.Representative Projects and Expertise IV.Current Projects V.Financial Information VI.References VII.Point of Contact for Project VIII.Project Proposal 2 359 of 945 I. Qualifications Summary 3 360 of 945 Qualifications Summary Clark Street Real Estate (“CSRE”) and First Ascent Climbing & Fitness (“First Ascent”) have formed a strategic partnership to pursue the opportunity to redevelop the city owned property at 2222 Oakton (“the Property”) in Evanston, IL. CSRE and First Ascent (“the Team”) intend to transform the former recycling center into a world -class indoor climbing gym. Since pursuing the original RFP issued in 2015, the team has continued to diligently pursue a location in Evanston as we believe the community will embrace and support such a facility. The team brings together best-in-class operators in their respective fields. CSRE will leverage its substantial experience in the acquisition, financing, development, and construction of this facility, while First Ascent will contribute their vast knowledge and skills in operating a state of the art climbing gym. In addition, CSRE and First Ascent will work very closely with FitzGerald Associates Architects (“FitzGerald”) to execute on a design and experience that embraces the sprit of the community. Together, the assembled team has an established track record of successful and sustained projects, which is further highlighted in the subsequent sections of this submission. THE TEAM 4 361 of 945 Qualifications Summary Clark Street Real Estate CSRE is a fully integrated, internally capitalized real estate development company based in Chicago. CSRE specializes in developing and redeveloping retail, medical office, industrial, and mixed-use properties ranging from single-tenant to large scale, complex projects. Principals of CSRE have deep relationships dating back 30 years and have developed more than 30 million square feet of property and have acquired more than 50,000 acres of land. CSRE has been active over the last several years developing well located urban and suburban real estate. This has been exemplified through numerous projects: •The Emerson: A dynamic, mixed-use project located in downtown Oak Park that contains a new flex-format Target, 418 car parking garage, and 271 luxury apartments. •Retail at the Fields: A ground-up urban shopping center developed in the Logan Square neighborhood anchored by Petco and Ross Dress For Less. In the local trade area, CSRE has been very active with two large projects: •Touhy Marketplace: The redevelopment of a 15 acre former industrial site into a shopping center at the intersection of Touhy and Lawndale anchored by Walmart, PNC Bank, and Jollibee. •Floor & Décor: The redevelopment of the former General Automation industrial facility at the northwest corner of Oakton and McCormick into a Floor & Décor retail store that specializes in all types of flooring. Further information about the principals of CSRE as well as previous and current projects are further detailed in the following pages. THE TEAM 5 362 of 945 Qualifications Summary First Ascent Climbing & Fitness First Ascent is a locally grown, world class, and community-focused climbing gym operator based in Chicago. Collectively, the management team has over 35 years of experience in owning and operating climbing gyms. Presently, First Ascent’s four facilities in Chicago’s Avondale, Uptown, Humboldt Park, and Loop neighborhoods have not only seen excellent performance and growth economically but have also had a positive impact as good neighbors and are key members of the communities where they are located. Thousands of First Ascent’s members visit their gyms weekly for climbing, as well as for use of their general fitness facilities, personal training, and yoga classes. Additionally, please find a summary of First Ascent’s leadership team, current and proposed facilities, and an operations plan for this facility later in this submission. THE TEAM 6 363 of 945 Qualifications Summary FitzGerald Associate Architects FitzGerald Associate Architects is a locally based, nationally recognized architecture firm. The FitzGerald team offers a wide array of services to its clients: •Master Planned Communities •Low, Mid, and High Rise Buildings •Commercial and Industrial •Renovations and Restorations Given their track record and vast experience, they have found a way to excel in complicated projects to the satisfaction of landlords, tenants, municipalities, and residents. Further detailed in this submission, please find a select listing of the firm’s principals as well as past and current projects in the greater Chicago area. THE TEAM 7 364 of 945 II. Developer Overview CLARK STREET REAL ESTATE 8 365 of 945 Background Clark Street Real Estate specializes in the successful development and redevelopment of retail, industrial and mixed-use properties throughout the United States and abroad. The long-term relationships that we have established over the years with tenants, communities and industry professionals demonstrate our tremendous passion for the real estate business. We have the tools and creativity to envision, plan, and execute a wide variety of projects, from urban in-fill to green field developments. Through our highly collaborative process, we ensure that these projects result in unique and special environments that meet the needs of retailers and strengthen relationships with the communities they serve. Andy Stein, David Low, and Danny Rigoni will lead the CSRE team’s efforts on this project. CLARK STREET REAL ESTATE 9 366 of 945 Team Resumes: CSRE Andrew Stein PRINCIPAL Andy is a founding Principal of Clark Street. His primary focus is the procurement and processing of development and redevelopment opportunities. Andy Stein began his real estate career at Joseph Freed and Associates, a privately owned Chicago-based development company. As Vice President of Development he was involved in all aspects of development and leasing, including site selection, land acquisition, entitlement, and financing of projects. Some of the major projects Andy completed while at Freed include: Hilldale Mall in Madison, WI, Greeley Commons in Greeley, CO, Arborland in Ann Arbor, MI, and Evergreen Square in Peoria, IL. During his tenure at Freed, Andy was involved in more than 1.5 million square feet of development projects. Andy is co-founder and an Emeritus member of the ICSC’s Next Generation program, current state chair of the Illinois ICSC State Committee, Urban Land Institute Member, and Executive Board Member of the Harold Eisenberg Foundation. Recently Andy was the recipient of The ICSC’s Inaugural “4 Under 40 Award”. Andy is a graduate of the University of Texas at Austin and holds the Certified Leasing Specialist (CLS) and Certified Property Executive (CRX) designations from ICSC. 10 David Low VICE PRESIDENT DEVELOPMENT & CONSTRUCTION David joined Clark Street in 2008 as Vice President of Development and Construction. He currently leads all aspects of the design and construction process of Clark Street’s projects. In 1987, David joined Equity Properties and Development as a Senior Project Manager. He was focused on major shopping center renovations, expansions, capex programs, environmental remediation, and implementing lease deals for over 9,000,000 square feet of regional shopping centers throughout the Midwest, Northeast, and Southeast States. David later joined Leopardo Construction in 1997 as Project Executive. He and his team successfully completed hundreds of projects in the Chicago area for developers and national retailers. David has over 30 years of construction and development experience, covering 24 states, commercial developments, complex renovations, mixed-use projects, retail repositioning/redevelopment, theater complexes, restaurants, industrial uses, medical office buildings, and large site developments. He earned his Bachelor of Science degree in Construction Technology and an Associate degree in Architectural Technology from Purdue University in 1978. 367 of 945 Team Resumes: CSRE 11 Danny Rigoni ANALYST Danny is an Analyst at CSRE. Danny’s entrepreneurial mindset and passion for the real estate industry are centered around the transformative ascetic, functional, and economic impact that can be created through successful real estate development. Danny plays a collaborative role, working with the CSRE team throughout the entire development process. From conducting feasibility analysis, due diligence, project underwriting, design, financing, lease up and stabilization, construction execution, and completion, Danny takes a hands on approach to every CSRE initiative. Born and raised in Chicago, Danny comes from a family with roots in the real estate industry and brings to the table experience in development, property management, and brokerage. In 2016, Danny received a Bachelor of Science in Business with double majors in Real Estate and Entrepreneurship as well as double minors in Finance and Urban Planning and in 2017, a Master of Science in Real Estate (MSRE), both from DePaul University. Danny’s level of industry involvement goes beyond the workplace through his involvement as Co-Chair of REIA's Emerging Leaders program and as an active member of ULI and ICSC. 368 of 945 Principal Resumes: CSRE E. Thomas Collins PRINCIPAL Tom is a founding Principal of Clark Street.He oversees project acquisition, structures agreements, and provides a seasoned focus for the Company’s development efforts. Tom began his real estate career at Massachusetts Mutual, American Fletcher Mortgage and Crocker Mortgage companies.In 1980, he joined Lake Development Ltd. as President.He was responsible for such notable buildings in Chicago as: Britannica Centre (310 S. Michigan), 318 S. Michigan, 33 E. Congress and the Civic Opera Building. In 1985, he joined Hiffman Shaffer Associates, Inc. as EVP of Development, CFO and Principal of the firm. Tom was later named Vice Chairman, President and COO of HSA.During his tenure, Tom was responsible for financing, development and acquisition of over $1.6 billion in projects. In 1999, he formed The Reliant Group, Ltd., which specialized in retail development and Collins Interests, Ltd., an asset management company for a portfolio of commercial properties. Tom has a bachelor’s degree from Eastern Illinois University and an MBA from Western New England University. PRINCIPAL Richard Hulina Dick is a founding Principal of Clark Street. He provides seasoned advice for the Company’s project acquisition, site layout and tenancy. Dick began his real estate career with Sears and Homart Development Company in 1973 as Director of Regional Malls; VP of Land Development; and VP of Leasing. He oversaw regional mall development; developed peripheral land of over 40 regional malls and directed a staff of 35 leasing professionals. Chicago-area regional malls include: Northbrook Court, Louis Joliet Mall, Fox Valley Mall and Orland Square Mall among many others. In 1984, while Partner and EVP of Vantage/Bradford, he formed the Retail Development Group which developed and leased more than one million square feet. In 1989, Dick joined Hiffman Shaffer Associates (HSA) as a Principal / President of HSA Real Estate Acquisition & Development (HSA READ), where he developed over two million square feet of projects during his tenure. Dick holds a Bachelor's Degree in Civil Engineering from the University of Illinois and an MBA from the University of Chicago. 12 369 of 945 Principal Resumes: CSRE John Collins PRINCIPAL John is a founding Principal of Clark Street Real Estate. He is primarily responsible for debt and equity finance, acquisition analysis and asset management for the Company and its projects. John started his professional career in 2001 at LaSalle Bank in Chicago. He underwrote national and international real estate projects and companies including office, industrial, retail, self- storage and multi-family. In 2003, John joined Collins Interests LTD as asset manager for a portfolio of over 30 properties totaling over 2.5 million sf of retail, industrial and office properties. His responsibilities included new developments, investment consulting, lease analysis and financing. He is currently Partner and continues to manage the portfolio. John is a member of the Real Estate Investment Association of Chicago (REIA) and the International Council of Shopping Centers (ICSC). He is a graduate of Indiana University, Bloomington, majoring in Finance. Peter Eisenberg PRINCIPAL Peter is a founding Principal of Clark Street. His primary focus is the procurement and execution of retail development and redevelopment projects for the Company. Peter began his career at The Reliant Group, a predecessor to CSRE, and continues to manage a portfolio of family real estate assets. He is actively involved in the International Council of Shopping Centers, serving on the ICSC Foundation Board of Directors and on the Illinois State Committee. Peter is a Co-Founder and Emeritus Member of ICSC’s Next Generation National Advisory Group as well. He passionately supports The Harold E. Eisenberg Foundation, serving as President and a Founding Board Member. Peter graduated from the University of Wisconsin-Madison with a Bachelor of Arts degree in Political Science. In addition, he earned a Juris Doctorate degree and an LL.M. in Real Estate Law with honors from The John Marshall Law School in Chicago, where he serves on the Advisory Board for the Center of Real Estate Law. 13 370 of 945 Principal Resumes: CSRE Jim Kurtzweil PRINCIPAL Jim is a Principal and founding member of Clark Street. He is primarily responsible for managing many of the Company’s development projects. Jim also helps operate the Company’s day-to- day operations. Jim began his career at The General Electric Company / GE Capital in 1994. During his 13 year career, Jim completed GE’s Manufacturing Management Program which exposed him to various functions in GE’s industrial businesses. He went on to lead several origination teams within the GE Capital umbrella focused primarily on heavy equipment financing and leasing to small and mid-market firms, generating approximately $150 million in closed transactions. Jim also directly originated and closed over $65 million in real estate loans and related financings. Jim obtained his MBA in Finance & Strategy with honors from the University of Chicago in 2003. He graduated from the University of Illinois in Champaign, IL with a Bachelor of Science degree in Mechanical Engineering in 1994. He is an Executive Board Member of the Harold E. Eisenberg Foundation since 2006. 14 371 of 945 II. Operator Team Overview FIRST ASCENT CLIMBING & FITNESS 15 372 of 945 FIRST ASCENT AT A GLANCE visitors last year More then 4,000 members in Chicago C L I M B I N G |Y O G A |F I T N E S S |C O M M U N I T Y16373 of 945 (Business Development Officer) (Youth Programming Director) (Director of Marketing and Adult Programming) (Chief Financial Officer) 17 C L I M B I N G |Y O G A |F I T N E S S |C O M M U N I T Y374 of 945 18 C L I M B I N G |Y O G A |F I T N E S S |C O M M U N I T Y The following pages highlight a cross section of typical First Ascent customers as well as the culture and environment that i s created at their facilities. As you will see,First Ascent creates the “experience” that drives its success. 375 of 945 THE “TYPICAL” FIRST ASCENT CLIMBER Amy T. 30 years old, works in consulting →Started climbing 5 years ago→Enjoys going to the gym to work out and hang out with her friends→Goes climbing outdoors with friends she met at the First Ascent→After climbing, goes to local restaurants and breweries to socialize with climbing buddies CLIMBING IS SOCIAL "I met all of my best friends through climbing. They're the people I hang out with, travel with, and count on." 19 376 of 945 THE “TYPICAL” FIRST ASCENT CLIMBER Leicester M. 29 years old, freelance photographer and designer →Started climbing 8 years ago→Prefers climbing as a his favorite full-body workout→Regularly brings new people to the gym who have never climbed before. Likes introducing people to the sport of climbing and the great social scene at First Ascent. CLIMBING IS FITNESS "My climbing time is my chance to get away from the hustle of my work and be present in the moment." 20 377 of 945 THE “TYPICAL” FIRST ASCENT CLIMBER Hayden R. 26 years old, student →Started climbing 3 years ago when First Ascent Avondale opened→Climbs regularly because it's a fun way to exercise and meet new people→Enjoys the events that First Ascent hosts and invites friends to participate CLIMBING IS “My girlfriend Veronica and I started climbing together right when First Ascent opened, and we can't get enough. We love all of the events at First Ascent – they mix it up and keep things fun.” FUN 21 378 of 945 Liz M. 43 years old, teacher, mother of two →Started climbing 2 years ago→Loves that climbing is accessible for all fitness levels, and that she continues to see improvement→Climbs with friends or attends yoga while her daughter and son attend climbing classes→Enjoys seeing the positive social and physical impact on her children→Surprised by how easy it is to meet new climbing partners at the gym CLIMBING IS FOR EVERYONE “I love that climbing is something I can enjoy with my kids and my friends who are also moms. It makes me feel strong and connected.” THE “TYPICAL” FIRST ASCENT CLIMBER 22 379 of 945 II. Development Team Overview FITZGERALD ASSOCIATES ARCHITECTS 23 380 of 945 With roots dating back 99 years,FitzGerald maintains a portfolio full of master-planned communities,numerous new low-,mid-,and high-rise residential buildings,commercial and industrial facilities,banks,restaurants,retail spaces and more than one hundred conversions and restorations of historic structures. The firm’s clientele ranges from municipal Housing Authorities and other community organizations to national bank chains,global retailers and many for-and not-for-profit developers and investors.The firm provides full architectural services as well as consultancies on building accessibility,building condition assessment,energy opti- mization,historical research,adaptive reuse,space planning and interior design,site design and planning,sustainable design,and tenant improvement services. The firm has extensive knowledge in the latest architectural and building technologies, investing the resources necessary to develop a top-of-the-line drafting studio with a focus on smart 3D Building Information Modeling with an eye toward the latest devel- opments in product delivery. Enthusiasm for what we do is shared at all levels throughout our office and we bring the talent,focus,and experience necessary to produce a successful project.We me- thodically explore the potential of site,materials,and architectural design to produce a unique response to a particular program and budget.Our goal is to ensure that our clients receive the quality of construction they deserve at the cost they expect. Firm Size 48 employees,18 licensed architects, 18 LEED APs,5 City of Chicago Registered Energy Professionals,7 CSI Construction Document Technologists,1 CSI Certified Construction Contract Administrator Services Architectural Design;Building Accessi- bility;Building Conditions Assessment; Building Information Modeling;Codes & Regulations;Development Advisory Ser- vices;Energy Optimization;Historical Research,Renovation and Adaptive Reuse; Space Planning &Interior Design;Site Design &Planning;Sustainable Design; Tenant Improvement Affiliations AIA, ALA, ASID, CSI, CREW, CNU,HBAGC, ICSC,IIDA,Lambda Alpha International, NAHB,Realty Club of Chicago,Roosevelt University Real Estate Forum,ULI,USGBC. Company Data Sheet24381 of 945 FitzGerald Associates Architects has been a leader in the rehabilitation and adaptive reuse of existing buildings for decades.In fact,over the past 20 years,the firm has redeveloped several historic buildings and used historic tax credits to help fund the projects,and have nominated several buildings to the National Historic Register.The firm’s experience extends beyond single buildings to the rejuvenation of expansive parcels with conversions that have helped to spark the revitalization of surrounding neighborhoods.Whether a rehab or an adaptation to a new use,FitzGerald will provide creative design solutions that maximize the building’s potential.FitzGerald provides quick,cost effective advice at the onset of any reuse assessment,including: •The suitability and adaptability of existing structures for any new use; •Any restrictive hurdles that may be encountered and how to clear them; •Project eligibility for Historic Rehabilitation Tax Credits,tax increment financing (TIF) or other financial incentives; •How to incorporate sustainable design and take advantage of any available sus- tainable and green benefits; •Comparative cost benefit models; When a structure has become functionally obsolete,FitzGerald Associates Architects has the skills and insight needed to inject new vitality into aging assets.We can see beyond the building as it exists today and help you maximize the property’s potential while sustainably recreating new life for an old structure. Notable Projects 219 East Lake Shore Drive Chicago,Illinois 332 South Michigan Avenue Chicago,Illinois 912 West Lake Street Chicago,Illinois Fado Chicago,Illinois Fort Sheridan Fort Sheridan,Illinois The Lofts at River East Chicago,Illinois Lofts at 1800 Chicago,Illinois One River Place Chicago,Illinois Riverbank Lofts Chicago,Illinois The Sexton Lofts Chicago,Illinois Silversmith Hotel Chicago,Illinois Stony Island Arts Bank Chicago,Illinois Storkline Lofts Chicago,Illinois The Sutherland Apartments Chicago,Illinois Tailor Lofts Chicago,Illinois Vesta Lofts Chicago,Illinois Renovations &Reuse25382 of 945 For 30 years,Pat FitzGerald has made numerous innovations in urban infill housing,contributing more than 20,000 units to Chicago’s housing stock including affordable,public,student, market-rate,and luxury housing;loft conversions and mixed- use buildings in low-,mid-,and high-rise formats. As both an architect and developer,he has built many units that have shown the viability of some long-neglected formats including townhomes,rowhouses and courtyard apartment buildings. Pat’s work focuses on how projects contribute to the dynamic of existing neighborhoods and help to create positive environ- ments where they don’t currently exist while acting as a pioneer and champion for sustainable design and sophisticated urban planning concepts. Patrick FitzGerald Chairman For the last 26 years,Mike De Rouin has embodied FitzGerald’s commitment to practical,affordable and sustainable buildings that satisfy the needs of builders,developers,and residents. He has guided project teams through multifamily,mixed-use, master-planning,senior housing,office,and retail commissions. Holding both a Bachelor of Architecture in Design and a Bachelor of Architecture in Structures from the University of Illinois at Chicago,Mike works from a strong foundation of both aes- thetic architecture and engineering training. Mike is regarded as an expert in his field and offers himself as a consultant,counselor and mentor in and out of the work- place.His leadership is well-regarded with his successful group of mentees,and his technical knowledge in matters of local,regional and national standards for design,construction, and sustainability make him an invaluable resource to our cli- ents,consultants and design teams. Michael DeRouin CSI,CCCA President Resumes26383 of 945 III. Representative Projects & Experience CLARK STREET REAL ESTATE 27 384 of 945 COMPLETED IN THE FALL OF 2017, THE EMERSON IS A MIXED-USE, TRANSITED- ORIENTED DEVELOPMENT DEVELOPED BY CLARK STREET REAL ESTATE, IN PARTNERSHIP WITH LENNAR MULTIFAMILY COMMUNITIES AND THE VILLAGE OF OAK PARK. THE RETAIL COMPONENT OF THE EMERSON IS ANCHORED BY TARGET’S NEW FLEX-FORMAT STORE, PETSMART’S NEW URBAN STORE CALLED THE GROOMERY, FIRECAKES DONUTS, WHEEL & SPROCKET. IN ADDITION, THERE IS A 418 CAR PARKING GARAGE AND 271 LUXURY APARTMENTS. OAK PARK, ILLINOIS The Emerson 28 385 of 945 IN JULY 2011, CSRE ACQUIRED THE NOTE COLLATERALIZED BY A DILAPIDATED 15.5 ACRE PARCEL IN SKOKIE, ILLINOIS. CSRE OBTAINED ENTITLEMENTS FROM THE VILLAGE OF SKOKIE IN ORDER TO DEVELOP A 195,000 SF PROJECT, INCLUDING A 150,000 SF WALMART SUPERCENTER, 17,000 SF OF RETAIL SHOPS, A PNC BANK BRANCH WITH DRIVE- THRU, JUST TIRES AND THE FIRST JOLLIBEE RESTAURANT IN THE MIDWEST, ALL OF WHICH ARE OPEN AND OPERATING. SKOKIE, ILLINOIS Touhy Marketplace 29 386 of 945 IN DECEMBER OF 2013, CSRE PURCHASED THE FORMER GENERAL AUTOMATION BUILDING LOCATED ON THE NORTHWEST CORNER OF OAKTON STREET AND MCCORMICK BOULEVARD IN SKOKIE, IL. PRIOR TO ACQUISITION, CSRE SECURED ENTITLEMENTS AND SIGNED A LEASE FOR 75,000 SF WITH FLOOR & DECOR, A PRIVATELY HELD, SPECIALTY RETAILER OF FLOOR APPLICATIONS AND OTHER HOME IMPROVEMENT PRODUCTS. FLOOR & DECOR OPENED FOR BUSINESS IN FALL 2014. SKOKIE, ILLINOIS Floor & Decor 30 387 of 945 IRVING PARK ▪1ST TREATMENT FEBRUARY 2018 ▪7,000 SF BUILDING ▪32,635 SF LAND ▪29 PARKING SPACES ▪16 STATIONS ▪PROTOTYPE DESIGN DEVIATION PARK MANOR ▪1ST TREATMENT JUNE 2017 ▪7,907 SF BUILDING ▪32,480 SF LAND ▪29 PARKING SPACES ▪20 STATIONS ▪PROTOTYPE DESIGN DaVita Dialysis CHICAGO, IL BRIGHTON PARK ▪1ST TREATMENT JUNE 2018 ▪7,757 SF BUILDING ▪41,563 SF LAND ▪27 PARKING SPACES ▪20 STATIONS ▪PROTOTYPE DESIGN 31 CSRE IS CURRENTLY A PREFERRED DEVELOPER FOR DAVITA DIALYSIS TO DEVELOP AND CONSTRUCT THEIR NEW FACILITIES IN THE CITY OF CHICAGO. 388 of 945 III. Representative Projects & Experience FIRST ASCENT CLIMBING & FITNESS 32 389 of 945 →Hundreds of people a day visit a First Ascent gym to climb and socialize →Over 50% of revenue is from returning members →Most clients visit twice a week. Member retention is over 90% FIRST ASCENT –BY THE GYM AVONDALE Opened June 2015 25,000 square foot facility 60 foot tall clear span space purpose built for climbing 400 visitors per day/ 750 stabilized UPTOWN Opened December 2015 18,000 square foot facility Historical landmark in up and coming neighborhood 250 visitors per day/ 400 stabilized HUMBOLDT PARK Opened September 2017 18,000 square foot facility Driving oriented facility on prominent corner with indoor parking 200 visitors per day/ 400 stabilized BLOCK 37 Opened February 2018 18,000 square foot facility Fourth floor of the Block 37 urban mall downtown 250 visitors per day/ 500 stabilized C L I M B I N G |Y O G A |F I T N E S S |C O M M U N I T Y33390 of 945 FIRST ASCENT AVONDALE 34 391 of 945 FIRST ASCENT AVONDALE Ground up build of a 25,000 square foot, full-service climbing and fitness facility in Avondale. Opened June 2015. Features rope climbing terrain that is among the tallest in the United States. C L I M B I N G |Y O G A |F I T N E S S |C O M M U N I T Y35392 of 945 FIRST ASCENT UPTOWN 36 393 of 945 C L I M B I N G |Y O G A |F I T N E S S |C O M M U N I T Y FIRST ASCENT UPTOWN Adaptive re-use of a historical building at 4718 N Broadway in Uptown, featuring bouldering, yoga, and fitness. Opened December 2015. The building is centered in the Uptown entertainment district, with views of the Uptown and Riveria theaters. 37 394 of 945 FIRST ASCENT HUMBOLDT PARK 38 395 of 945 FIRST ASCENT HUMBOLDT PARK Adaptive re-use of a granite countertop manufacturing facility. Opened September 2017. Features bouldering, yoga, and fitness along a main community thoroughfare. Facility includes indoor parking. C L I M B I N G |Y O G A |F I T N E S S |C O M M U N I T Y39396 of 945 FIRST ASCENT BLOCK 37 40 397 of 945 FIRST ASCENT BLOCK 37 Located in Chicago's Loop on the fourth floor of Block 37 urban mall. Opened March 2018. Features 10,000 square feet of climbing terrain, two yoga and fitness studios, and fitness area overlooking Daley Plaza. Adds value for our many members who live in the north neighborhoods and commute downtown to work. C L I M B I N G |Y O G A |F I T N E S S |C O M M U N I T Y41398 of 945 III. Representative Projects & Experience FITZGERALD ASSOCIATES ARCHITECTS 42 399 of 945 First Ascent Climbing and Fitness’inaugural location in Avondale represented Chicago’s largest dedicated indoor rock climbing fa- cility,the dream of a partnership of avid climbers who were eager to fill the needs of climbing enthusiasts in the city beyond the climbing walls found in some fitness centers. Inside the 25,000 square foot facility located at 3516 North Spaulding Avenue,features 60 foot high ceilings and over 25,000 square feet of climbing surface allowing climbers to lead climb, top rope,and boulder.Other features of the facility include a cross-training fitness center,a yoga studio,locker rooms,retail space,and a café.According to First Ascent,“routes and features are friendly for beginners and challenging for experts.”First Ascent has collaborated with climbing wall designer Walltopia to specify and support climbing surfaces that cater to all experience levels, from beginner to elite. Size: 25,000 SF Total Area Client: First Ascent Location: Chicago,Illinois First Ascent Avondale400 of 945 The Emerson is a model for mixed-use,transit-oriented suburban development,offering walkable retail shops,a Target flexible-format store,public parking,and 270 luxury apartments in studio,one-, and two-bedroom floor plans. The Emerson’s position between Oak Park’s historic shopping district and busy commuter rail lines meant that the design needed to blend well with the context of the shopping district and provide a dense transit-oriented residential component.This was accom- plished by designing the north building as a logical continuation of the low-rise corridor nearby,standing five stories and built from more traditional materials.Along the rail lines,a much taller building,in a modern language of concrete and glass,could be developed. The different aesthetics translate inside to the units,as well.The low-rise apartments feature warmer finishes in the public spaces, finished ceilings,and traditionally-sized windows.In the high-rise, units take on a more urban loft feel,with exposed concrete,con- temporary finishes,and walls of glass framing skyline views. Size: 5 & 20 Stories 270 Apartments 28,365 SF Retail Client: Clark Street Real Estate Lennar Multifamily Communities Location: Oak Park,Illinois The Emerson401 of 945 E2 is a high-density,mixed-use development at a prominent corner near the downtown shopping district of Evanston,Illinois.The site was chosen for its supreme walkability to desirable retail, entertainment,and community features of the area; access to transportation; and proximity to a nearby university.The development takes the place of a lower-density and under-utilized commercial office building and a vacant lot.Recognizing the opportunity for new residents and the high-quality product to come,the city government demonstrated strong support for the project throughout the development process. E2’s two modern towers stand 16 and 14 stories and are connected by a four-story structure with parking and rooftop amenities.The two towers include a total of 356 luxury apartments in studio,one-,two-,and three-bedroom layouts, twelve three-bedroom townhomes along one elevation,and nearly 4,000 square feet of ground-floor retail space. Size: 14 & 16 stories 356 Apartments 12 Townhomes 4,000 SF Retail Space Designed for LEED Silver Client: Fifield Companies Carroll Properties Location: Evanston,Illinois E2 Apartments402 of 945 With retail frontage on Maple Street and a dramatic double height residential entry lobby located on Elmwood Avenue,the concrete, glass and steel building contains luxury condominium units of 800 to 2,900 square feet each,with ground floor retail space and secure indoor parking including spaces for retail use. The fourth floor contains residential amenity spaces such as a private Club Room,fitness center,lap pool,spa and sun deck. The building is sited to optimize views while minimizing solar heat gain.Planters and landscaped green roofs are used extensive- ly for the amenity spaces and fifth floor terrace units as well as the penthouse units.Recycled and renewable resources are used throughout,and the building is in close proximity to bus and rail lines.The building was one of the first highrise residential buildings in the state of Illinois designed to achieve a LEED Gold certification. Size: 15 stories 99 Condominiums 5,000 sf retail space 250,000 sf Total Area Client: Winthrop Club Location: Evanston,Illinois The Winthrop Club403 of 945 The decommissioning of a military base adjacent to Lake Michigan created the opportunity for a large team of developers and architects to rehabilitate existing structures and create a new community with- in the context of a historic military base.Fort Sheridan was created to house troops near Chicago in the event of continued civil unrest following the Haymarket Riots in 1886.The base design featured of- ficer and enlisted men housing organized around a drill field.Many of the buildings were designed by the firm of Holabird &Roche including the focal backdrop to the drill field and an 800-foot-long barracks centered by an imposing bell tower.FitzGerald was re- tained to convert the structure into a series of loft-like apartments and create a parking structure partially below grade at the back of the building.The multifloored two-and three-bedroom units featured open plans,exposed heavy-timber trusses and masonry walls.The exteriors,composed of Cream City brick and Wisconsin limestone,were restored to an original appearance. Size: 2 Stories 52 Condominiums Client: LR Development Location: Fort Sheridan,Illinois Fort Sheridan404 of 945 IV. Current Projects CLARK STREET REAL ESTATE 48 405 of 945 CHICAGO, ILLINOIS The Point at Six Corners CSRE ACQUIRED APPROXIMATELY 4 ACRES AT THE PROMINENT SIX CORNERS INTERSECTION OF IRVING PARK ROAD, CICERO AVENUE & MILWAUKEE AVENUE FROM BANK OF AMERICA. CSRE PLANS TO DEVELOP AN EXCITING MIXED-USE PROJECT THAT FITS WITHIN THE FABRIC OF THE COMMUNITY AND ACTS AS A CATALYST FOR THE REVITALIZATION OF THE HISTORIC SIX CORNERS NEIGHBORHOOD. 49 406 of 945 CHICAGO, ILLINOIS Retail at The Fields CSRE HAS A FORMED A JOINT VENTURE WITH 4K DIVERSEY PARTNERS, OWNERS OF THE 1.5 MILLION SF FORMER MACY'S DISTRIBUTION FACILITY, AND SHINER CAPITAL PARTNERS TO REDEVELOP APPROXIMATELY 4 ACRES AT THE DENSELY POPULATED INTERSECTION OF DIVERSEY AVENUE AND PULASKI ROAD. AS OF WINTER 2017, ROSS DRESS FOR LESS, PETCO, ATI PHYSICAL THERAPY, AND AMERICAN NAIL SPA HAVE OPENED FOR BUSINESS.THIS PHASE OF THE PROJECT IS APPROXIMATELY 50,000 SF. 50 407 of 945 CSRE ACQUIRED A 25 ACRE PARCEL OF LAND LOCATED AT THE SWC OF FM 544 AND WOODBRIDGE PKWY IN WYLIE, TX. PRIOR TO ACQUISITION, CSRE SECURED ENTITLEMENTS AND A SALES TAX SHARING AGREEMENT WITH WYLIE ECONOMIC DEVELOPMENT CORPORATION TO BUILD A 200,000 SF SHOPPING CENTER, ANCHORED BY A 135,000 SF KROGER GROCERY STORE. CSRE IS NOW DEVELOPING AND LEASING THE REMAINING SMALL SHOP AND OUT LOT SPACE TO COMPLETE THE PROJECT. WYLIE, TEXAS Woodbridge Center 51 408 of 945 CHICAGO, IL TCF Bank Brighton Park CSRE ACQUIRED AN OPERATING, FUNCTIONALLY OBSOLESCENT 60,000 SF TCF BANK BRANCH ON 1.5 ACRES AT THE CORNER OF ARCHER AND SACRAMENTO IN CHICAGO’S BRIGHTON PARK NEIGHBORHOOD. CSRE WORKED WITH TCF AND THE CITY OF CHICAGO TO DEVELOP A NEW, STATE OF THE ART 2,200 SF BRANCH IN THE EXISTING BANK PARKING LOT WHILE KEEPING IN SERVICE THE EXISTING BANK OPERATIONS. TCF RECENTLY OPENED IN THEIR NEW BANK. CSRE IS CURRENTLY WORKING ON THE REDEVELOPMENT AND LEASING OF THE FORMER BANK SITE. 52 409 of 945 SCHAUMBURG, IL Capital Grille CSRE RECENTLY ACQUIRED THE FORMER JOE’S CRAB SHACK ADJACENT TO WOODFIELD MALL IN SCHAUMBURG. PRIOR TO ACQUISITION, CLARK STREET WAS ABLE TO ENTITLE AND SECURE A LEASE WITH CAPITAL GRILLE FOR 9,800 SF. CSRE WILL BE UNDER CONSTRUCTION ON THIS PROJECT IN LATE SUMMER OF 2018 WITH THE GOAL OF A SUMMER 2019 RESTAURANT OPENING. 53 410 of 945 CHICAGO, IL DaVita Garfield Park CSRE ACQUIRED APPROXIMATELY 32,000 SF OF LAND FROM THE CITY OF CHICAGO THROUGH THE CITY’S NEGOTIATED SALE PROGRAM TO DEVELOP A NEW 10,450 SF DAVITA DIALYSIS FACILITY AT THE INTERSECTION OF HOMAN AND GOVERNOR'S PARKWAY IN THE GARFIELD PARK NEIGHBORHOOD. CSRE IS CURRENTLY UNDER CONSTRUCTION AND WILL BE DELIVERING THE BUILDING TO DAVITA IN THE WINTER OF 2018. 54 411 of 945 V. Current Projects FIRST ASCENT CLIMBING & FITNESS 55 412 of 945 PROJECTS IN DEVELOPMENT FOR 2019 FIRST ASCENT ARLINGTON HEIGHTS Adaptive reuse of former water park 45,000 square foot space with 50 foot tall clear ceilings (among the largest climbing gyms in the country) Part of the redevelopment of the Arlington Downs site Offers climbing, yoga, event space, and fitness Expected to open by end of 2019 FIRST ASCENT PEORIA Redevelopment of a long vacant property in downtown Peoria 20,000 square foot space with 45 foot clear ceilings Offers climbing, yoga, and fitness Expected to open early 2019 C L I M B I N G |Y O G A |F I T N E S S |C O M M U N I T Y56413 of 945 IV. Current Projects FITZGERALD ASSOCIATES ARCHITECTS 57 414 of 945 727 West Madison is a 45-story,492-unit luxury rental tower with more than 10,000 square feet of retail space.At just under 500 feet,it will be the tallest building in Chicago’s West Loop upon its completion in late 2018. The residences at 727 West Madison will include studio,one-,two- and three-bedroom layouts ranging from 490 to 1,550 square feet.Individual units will be appointed with plank flooring;over- sized windows with views of downtown and Lake Michigan;kitch- ens with quartz countertops,flat-paneled cabinets,high-end stainless steel appliances,quartz countertops,frameless glass shower doors,and porcelain tile walls and flooring. From 727 West Madison,residents will be within walking distance of popular grocers and retailers,one-of-a-kind shops,Randolph Street and Fulton Market restaurants,nightlife,CTA stops and Metra stations,Divvy stations,and a large number of employers across multiple industries. Size: 45 stories 492 Apartments 30,700 SF Retail Space Client: Fifield Companies F&F Realty Ares Real Estate Location: Chicago,Illinois 727 WestMadison58415 of 945 FitzGerald is working with a local developer to adapt and revitalize the shuttered Church of the Epiphany in Chicago’s West Loop -a 19th Century landmark that was closed and desanctified in 2011 due to dwindling membership.For the month of August,2018,the yet-to be-renovated facility has been transformed by Nike into a world-class basketball facility.The Church will play host to training camps and special events benefiting local high school basketball teams from across the City. When completed,Epiphany Center for the Arts will offer “an eclectic range of features,”including a cafe with indoor and outdoor seating, artist studios,a bar,and a showcase kitchen.The church’s mas- sive sanctuary featuring an 1892 Ferrand &Votey organ that will be restored,will serve as a venue for large weddings,corporate functions,family gatherings,performance art,and other events, event spaces,galleries,artist studios,and community rooms. Size: 25,000 SF Total Area Client: BCG Enterprises Location: Chicago,Illinois Epiphany Center for the Arts59416 of 945 Superior House,located at 360 West Superior Street in Chicago’s River North neighbor-hood,offers 34 luxury condominium resi- dences in a sleek,contemporary 12-story design.The building features an extensive collection of indoor and outdoor amenities not usually found in a boutique condominium building,like a sun- deck lounge with fire pit,outdoor bar,and kitchen with BBQ areas, vegetable and herb garden,fenced dog run,indoor entertainment room,event kitchen,and fitness/yoga center. The 34 residences are each designed as a corner unit and feature expansive balconies with expansive floor-to-ceiling glass on two sides,generous floorplans,and stunning finishes. Size: 12 stories 34 Condominiums Client: Ascend Real Estate Group Location: Chicago,Illinois Superior House60417 of 945 FitzGerald worked with artist and community leader Theaster Gates and Catapult Real Estate Development on the rehabilitation of the long-vacant Stony Island State Savings Bank building,located at 6760 South Stony Island Avenue in Chicago’s Grand Crossing neighborhood.FitzGerald was tasked with coordinating the rehabilitation of the three-story,26,700 square foot building,which was rescued from demolition in 2012 by Gates after standing vacant for over 20 years. FitzGerald developed plans to rejuvenate the building in support of Gates’vision that the site flourishes as a hub for creative and cultural activities and create an anchor in the neighborhood. FitzGerald also supported efforts to place the building on the National Register of Historic Places.The Arts Bank includes artists’ studios and offices,exhibit spaces,and a library housing the collection of John H.Johnson,the founder of Ebony and Jet magazines.Special plans were made to restore the building’s 780 square foot basement bank vault,which may be utilized as a special gathering space. Size: 3 Stories 26,700 square feet Client: Rebuild Foundation Catapult Real Estate Development Location: Chicago,Illinois Stony Island Arts Bank61418 of 945 3Eleven delivers 245 sleek,modern and sophisticated apartments to Chicago’s River North neighborhood.The 24-story transit-oriented building contains a mixture of studio,one-,and two-bedroom units along with a few three-bedroom units on upper floors.From the engaging steel and glass lobby to incredible indoor and outdoor rooftop amenities,3Eleven delivers a standard of living that rivals any found in or around Chicago’s Loop. The building includes 3,000 square feet of retail space,and was de- signed with massing and proportion cues taken from the neighbor- ing church,which also received improvements as part of the overall development.Parking for the site is structured at the base of the building,with spaces for 109 cars and 50 bicycles. Size: 24 stories 245 Apartments 3,000 SF Retail Space Client: The John Buck Company Location: Chicago,Illinois 3Eleven62419 of 945 V. Financial Information 63 420 of 945 Financial Information CSRE has an extensive performance history and has the financial wherewithal to execute the proposed project at 2222 Oakton Street. To that end, please consider the reference letters from Wintrust Bank and Old Second National Bank on the following page, verifying CSRE’s financial capabilities as well as each bank’s respective interest in financing this project. CSRE envisions financing this project with through traditional debt and equity sources. Additionally, please note that CSRE is not involved in any pending litigation or disputes. CLARK STREET REAL ESTATE 64 421 of 945 65 422 of 945 VI. References 66 423 of 945 References CLARK STREET REAL ESTATE 67 424 of 945 References FIRST ASCENT CLIMBING & FITNESS 68 425 of 945 VII. Point of Contact For Project 69 426 of 945 Point of Contact for Project Andy Stein Principal Clark Street Real Estate 980 North Michigan Avenue, Suite 1280 Chicago, IL 60611 312-377-9104 astein@clarkstreet.com www.clarkstreet.com 70 427 of 945 VIII. Project Proposal 71 428 of 945 Project Proposal As mentioned previously, CSRE and First Ascent have formed a strategic partnership to pursue the redevelopment of the property. Specifically, CSRE proposes to purchase the existing land and building from the City of Evanston and secure a long term lease with First Ascent for them to operate a world-class climbing gym. CSRE and First Ascent will work with the City of Evanston to develop a comprehensive plan for the site including but not limited to: the negotiation of a redevelopment agreement, potential rezoning of the site, and design and construction guidelines. Enclosed please find a letter of intent that details the purchase price, due diligence and entitlement timeline, and closing. We understand the complexities of a public-private partnership and arriving at a mutually beneficial solution for all parties. STRUCTURE 72 429 of 945 Clark Street Real Estate • 980 N. Michigan Avenue, Suite 1280, Chicago, IL 60611 • clarkstreet.com August 13, 2018 City of Evanston Community Development 2100 Ridge Avenue Evanston, Illinois 60201 Re: Proposed purchase of fee-simple interest in approximately 39,000 square feet of land and building and located at 2222 Oakton Street in Evanston, Illinois 60202 (“Property”), by Clark Street Real Estate (“CSRE”) or its assignees ("Purchaser") from The City of Evanston (“Seller”). To Whom It May Concern: We are pleased to extend to you this Letter of Intent (“LOI”), which sets forth the principal terms and conditions of the proposed purchase of the fee-simple interest by Purchaser from Seller. Seller and Purchaser hereby agree that this LOI is merely a recital of certain mutual understandings of the business terms of the acquisition of the Property, and that neither party shall have any legal obligations to the other in connection with the conveyance of the Property unless and until a Purchase Agreement mutually acceptable to Seller and Purchaser has been fully executed. The principal terms and conditions of the proposed transaction would be as follows: 1. Purchaser: Clark Street Real Estate, LLC or its assignees. 2. Property: As used herein, the term “Property” shall include the land free and clear of any underlying land leases together with all improvements located thereon, all easements and other rights appurtenant thereto, any and all tangible or intangible personal property of Seller related thereto, as well as all of Seller’s right, title and interest in and to any leases, licenses, permits or contracts related to the Property. 3. Fee-Simple: Seller has indicated its interest in the Property is Fee-Simple. 4. Purchase Price: The Purchase Price for the Property shall be $1,000,000 subject to increase or decrease in accordance with customary prorations of rents, taxes, expenses, and other adjustments as will be set forth in the Purchase Agreement, and would be payable as follows: a. Earnest Money Deposit: Within five (5) days after full execution of the Purchase Agreement, Purchaser will deposit cash in the amount of $50,000 (“Earnest Money Deposit”) into a strict joint order escrow established with Chicago Title (“Title Insurer”), as escrowee. The Earnest Money Deposit is refundable to Purchaser on or before the expiration the Due Diligence Period and Municipal & Governmental Approval Period (as hereinafter defined), if Purchaser determines in its sole and absolute discretion that the Property is not suitable for Purchaser’s intended purpose. b. Cash at Closing: On the Closing Date (as hereinafter defined), Purchaser shall deposit into the closing escrow, cash in an amount equal to the balance of the Purchase Price. 430 of 945 Clark Street Real Estate • 980 N. Michigan Avenue, Suite 1280, Chicago, IL 60611 • clarkstreet.com 5. Due Diligence Period: The Purchase Agreement shall contain a Due Diligence Period during which time Purchaser may review all aspects of the Property and such Due Diligence Period will expire sixty (60) days after the date of full execution of the Purchase Agreement. Purchaser may terminate the Purchase Agreement at any time prior to the expiration of the Due Diligence Period for any reason or no reason at all by giving written notice to Seller, and upon delivery of any such termination notice by Purchaser, Purchaser shall be entitled to an immediate and full refund of its Earnest Money Deposit (together with any interest earned thereon). 6. Municipal & Governmental Approval Period: Purchaser shall have one hundred-eighty (180) days after the expiration of the Due Diligence Period to obtain the necessary approvals and entitlements from associated governmental bodies, neighborhood groups, and other stakeholders to allow Purchaser to redevelop the property, including a redevelopment agreement with the Seller. Purchaser may terminate the Purchase Agreement at any time prior to the expiration of the Municipal & Governmental Approval Period for any reason or no reason at all by giving written notice to Seller, and upon delivery of any such termination notice by Purchaser, Purchaser shall be entitled to an immediate and full refund of its Earnest Money Deposit (together with any interest earned thereon). In connection with Purchaser’s review of the Property during the Due Diligence Period, Seller agrees as follows: a. Document Review: Within five (5) days of receipt of Purchaser’s request, Seller (to the extent same is in the possession and/or control of Seller) shall deliver to Purchaser copies of all documents, reports, studies, and other information related to the Property as may be reasonably requested by Purchaser in connection with the acquisition of the Property. b. Physical Review: From and after the date of full execution of the Purchase Agreement, Seller shall permit Purchaser or Purchaser’s designated agents access to and entry upon the Property to inspect, examine and test the Property for any reasonable purpose, including any soil, environmental, and engineering tests Purchaser shall reasonably deem necessary. Purchaser agrees to indemnify, defend and hold Seller harmless from and against any damages, claims, or liabilities which Seller may suffer resulting from the activities of Purchaser or Purchaser’s designated agents permitted under this section. c. Title: Within five (5) days after the date of full execution of the Purchase Agreement, Seller shall deliver to Purchaser a commitment for an ALTA Owner’s Title Policy issued by the Title Insurer, together with copies of all recorded exceptions to title related thereto. At closing, Seller shall cause the Title Insurer to issue an Owner’s Policy or prepaid commitment therefore in conformance with the title commitment as approved by Purchaser. d. Survey: Within five (5) days after the date of full execution of the Purchase Agreement, Seller shall deliver to Purchaser a current ALTA survey for the Property. Seller warrants that no improvements have been made, and no easements of record granted, which would affect the accuracy of this survey. At the conclusion of the Due Diligence Period, Seller will furnish an updated ALTA survey showing such information which may be reasonably required by Purchaser, Purchaser’s lender, or the Title Insurer, which survey shall be certified to the Buyer, or Buyer’s nominee, the lender, and the Title Insurer. 431 of 945 Clark Street Real Estate • 980 N. Michigan Avenue, Suite 1280, Chicago, IL 60611 • clarkstreet.com In the event any of the above information is not delivered to the Purchaser within the time periods set forth above, Purchaser may extend the Due Diligence Period for an additional period equal to the number of days delivery of such information was delayed. In addition, Purchaser shall have the right to extend the Due Diligence Period and the Municipal & Governmental Period for two (2) sixty (60) day periods each, upon prior written notice to the Seller of the same, and delivery of an applicable and refundable deposit of $25,000 for each such extension. 7. Closing: Transfer of the Property shall be by Warranty Deed subject only to the exceptions to title approved by Purchaser (as set forth below). The Closing Date shall be a date mutually agreeable to Seller and Purchaser, but not later than thirty (30) days following expiration or satisfaction of Municipal & Governmental Approval Period. Seller will deliver property free and clear of tenancies. 8. Title Endorsements: Seller will be responsible for providing at Seller’s sole cost and expense the following endorsements for the Owner’s policy: (a) Standard Exception Waiver endorsement, (b) a 3.1 zoning endorsement and (c) a PIN endorsement (insuring that the PINs encompass all of the property being conveyed, and not other property. All other endorsements, inclusive of any lender required endorsements shall be at the expense of the Buyer. 9. Closing Costs: Seller shall be responsible for title and survey expenses, state, county and municipal transfer taxes, recording fees related to the transfer of the Property, one half of all escrow fees and all other customary seller expenses. Purchaser shall be responsible for all professional fees incurred by Purchaser in connection with its investigation of the Property, all recording fees relating to the financing of the acquisition, one half of all escrow fees and all other customary purchaser expenses. Each party shall be responsible for the payment of their respective legal fees and expenses. 10. Broker’s Fees: Seller warrants that no third-party agents or brokers have been involved in connection with this transaction and that no other agent or broker is entitled to any commission in connection with this transaction. Seller agrees to indemnify Purchaser against any claim for a brokerage commission, finder’s fee, or the like arising from this transaction. 11. Seller Obligations Prior to Closing: From and after the date hereof, (i) Seller agrees to operate and maintain the Property free from waste and neglect, in compliance with applicable law and in the same manner as the Property has been heretofore operated and maintained, (ii) Seller shall not, without the prior written consent of Purchaser, amend or modify any existing lease relating to the Property or enter into any new lease for space on the Property, (iii) Seller shall not encumber or grant any interest in the Property or enter into any contract which will be binding on Purchaser after the Closing Date and (iv) Seller shall not market the Property nor entertain offers from, or negotiate with, any third parties in connection with the Property. 12. Confidentiality: Seller and Purchaser agree that the terms of this Letter of Intent and any information delivered or discovered pursuant hereto shall be maintained confidential and, except as may be required by Purchaser’s lender or other parties reasonably necessary to the consummation of the transaction or required by law, shall not be disclosed to any third party. 432 of 945 Clark Street Real Estate • 980 N. Michigan Avenue, Suite 1280, Chicago, IL 60611 • clarkstreet.com Please confirm that this Letter of Intent accurately reflects the principal business understandings of the proposed transaction by executing where indicated below and returning same to the undersigned. Sincerely, Andy Stein Clark Street Real Estate 980 N. Michigan Avenue, Suite 1280 Chicago, Illinois 60611 Direct Phone: 312.377.9104 astein@clarkstreet.com CLARK STREET REAL ESTATE, LLC By: Andy Stein Name: Andy Stein Its: Principal ACCEPTED AND AGREED this ____ day of ______, 2018: By: Name: Its: 433 of 945 Clark Street Real Estate • 980 N. Michigan Avenue, Suite 1280, Chicago, IL 60611 • clarkstreet.com Exhibit A 434 of 945 Project Proposal BENEFITS First Ascent will be a dynamic and exciting attraction in the City of Evanston that will serve as a community and regional anchor, while revitalizing a key vacant property in the city. Currently, there are no climbing gyms servicing the northern suburbs. First Ascent will provide their guests and members with a wide variety of experiences from world-class indoor climbing to hosting team-building and social events to specialized programs for children. First Ascent has something for everyone. A key to First Ascent’s success in other locations has been community engagement. Strongly engaging the Evanston community through youth summer camps, after school programs, charitable fundraisers, and social mixers are just a few of their community outreach initiatives. A video highlighting First Ascent’s culture and community can be found at https://vimeo.com/150355893. The team believes this site clearly offers unique and compelling synergies that are hard to replicate in other locations specifically, the amenities offered at James Park, Quad Indoor Sports, and Dawes Elementary School. 78 435 of 945 Project Proposal •Purchase Price: The City of Evanston will receive $1,000,000 from CSRE to purchase the property. •Estimated Property Taxes: We estimate that first year, stabilized property taxes will be $104,000 based off of the comparable properties in the market. Estimated Property Taxes over a 10 year period will be $1,150,000. •Estimated Sales Tax: First Ascent estimates $100,000 in collectable sales tax from merchandise and food operations. •Economic Incentives: CSRE and First Ascent do not intend to seek any economic incentives from the City of Evanston, Cook County, or the State of Illinois. ECONOMIC BENEFITS 79 436 of 945 Project Proposal PROPOSED BUDGET 80 Item Estimate Purchase Price $1,000,000 Base Building Construction & Site Work*$1,000,000-$1,500,000 Furniture, Fixtures, & Equipment $750,000 Soft Costs $300,000 Total Cost $3,250,000-$3,750,000 *Scope of work needs to be further defined, especially an understanding of City of Evanston and MWRD stormwater requirements. 437 of 945 Project Proposal CSRE, First Ascent, and FitzGerald are committed to sustainable practices. We believe this starts with utilizing and renovating the existing building. We will work with the City of Evanston to ensure that the sustainability is incorporated into the design, construction, and operations of the project. SUSTAINABILITY 81 438 of 945 Project Proposal DRAFT SCHEDULE 82 •August 13th 2018: CSRE and First Ascent RFP Submission to City of Evanston •August 29th, 2018: Evaluation of Proposals by City of Evanston Staff •September 26th, 2018: Economic Development Committee Review of RFP Responses and Public Presentation of Proposals •November 5th, 2018: City Council Review of RFP Responses •December 2018/January 2019: Selection of Development Team •January 2019-June 2019: Developer/Property Due Diligence (including but not limited to: Phase 1 ESA, Geotechnical Report), Negotiation of Redevelopment Agreement with City of Evanston, Potential Rezoning of Property, and City Council Approval of Redevelopment Agreement •June 2019-September 2019: Creation of Design and Construction Plans for Permit •September 2019-December 2019: City of Evanston Review and Approval of Construction Plans •January 2020-July 2020: Construction (Need to further discuss construction start as it relates to winter conditions) •August 2020: First Ascent Opening 439 of 945 Project Proposal The following pages represent the team’s initial thoughts and ideas for the redevelopment of 2222 Oakton. They include proposed renderings for the interior and exterior of the facility as well as a site plan. PROPOSED RENDERING AND SITE PLAN 83 440 of 945 Evanston, Illinois | August 10, 2018 2222 Oakton Street Conceptual Rendering - Exterior 441 of 945 Evanston, Illinois | August 10, 2018 2222 Oakton Street Conceptual Rendering - Interior 442 of 945 Evanston, Illinois | August 10, 2018 2222 Oakton Street Site Plan 0’ 15’ 30’ 443 of 945 C L I M B I N G | Y O G A | F I T N E S S | C O M M U N I T Y87CLIMBING|Y O G A |F I T N E S S |C O M M U N I T Y Operations Plan •Open Weekdays 6am –11pm; Weekends 9am –8pm •7 to 10 full time equivalent employees •300 visitors/day; 1,500 members (estimated) First Ascent customizes it’s service offering to each community •20,000 square feet of climbing •250 routes to climb; 35 new routes set every week •Complete fitness area with cardio equipment and functional strength equipment •Up to 60 yoga/fitness classes weekly •At least one community event every week •Partner with local restaurants and retailers to offer experiences unique to Evanston •After school youth programs focusing on fitness, agility, and social interaction 444 of 945 C L I M B I N G | Y O G A | F I T N E S S | C O M M U N I T Y88CLIMBING|Y O G A |F I T N E S S |C O M M U N I T Y From First Visit To Member DAYPASS First time visitor purchases a Day Pass ($19/visitor) 1 Climber purchases a membership ($79/mo) 5Repeat visitor attends free social events and new climber mixers to connect with other climbers 3 Visitor is encouraged to take a 1 hour Learn to Climb Class ($35) 2 Climber attends classes and climbs regularly with new friends 4 445 of 945 May 2018 446 of 945 For City Council meeting of December 10, 2018 Item A19 Ordinance 153-O-18, Amending Class E Liquor License Container Volumes For Introduction and Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Mario Treto, Jr., Deputy City Attorney Subject: Ordinance 153-O-18, Amending City Code Section 3-4-6(E) to Allow for Sale of Alcoholic Liquor Greater than 6.76 Fluid Ounces and Wine Greater than 6.32 Fluid Ounces Date: December 4, 2018 Recommended Action: Liquor License Commissioner recommends City Council adoption of Ordinance 153-O- 18, amending City Code Section 3-4-6(E) to allow for sale of alcoholic liquor greater than 6.76 fluid ounces and wine greater than 6.32 fluid ounces. Mayor Stephen H. Hagerty requests suspension of the rules for Introduction and Action at the December 10, 2018 City Council meeting. Livability Benefits: Economy & Jobs: Retain and expand local businesses. Summary: The City of Evanston (“City”) currently restricts the Class E liquor license to the sale of wine in sixteen (16) fluid ounce containers or greater and the sale of alcoholic liquor in sixteen (16) fluid ounce containers or greater for off-site consumption. On November 28, 2018, Evanston Liquors Inc., d/b/a Evanston 1st Liquors (“Company”), 1019 Davis Street, requested the City of Evanston’s Local Liquor Control Board (“LLCB”) consider a decrease in the minimum allowed volume of wine containers from 16 fluid ounces to 6.32 fluid ounces and volume of alcoholic liquor containers from 16 fluid ounces to 6.76 fluid ounces. The LLCB finds that the new proposed container volumes permit the sale of containers that are typical of the alcohol industry and are currently allowed for sale to Class F-2 liquor license holders. Accordingly, Ordinance 153-O-18 amends Evanston City Code of 2012 Subsection 3-4-6(E) to allow for the sale of single containers of wine for off-site consumption in containers with a minimum volume of 6.32 fluid ounces and sale of single containers of alcoholic liquor for off-site consumption in containers with a minimum volume of 6.76 fluid ounces. Memorandum 447 of 945 Legislative History: At the November 28, 2018 Liquor Control Review Board meeting, Company requested consideration to allow for sale of wine in a minimum of 6.32 ounce containers and the sale of alcoholic liquor in a minimum of 6.76 ounce containers for off-site consumption for the Class E Liquor License. The Board recommended the approval of the proposed amendment. ------------------------------------------------------------------------------------- Attachments: Ordinance 153-O-18 Minutes of the November 28, 2018 Liquor Control Review Board meeting 448 of 945 11/28/2018 153-O-18 AN ORDINANCE Amending City Code Section 3-4-6(E), Amending the Class E Liquor License To Allow Sale of Alcoholic Liquor Greater than 6.76 Fluid Ounces and Wine Greater than 6.32 Fluid Ounces NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 3-4-6(E) of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: (E) Class E licenses, which shall authorize in the retail package store area the retail sale in package stores of alcoholic liquor in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. Each Class E license shall be subject to the following conditions: 1. It shall be unlawful for a Class E licensee to sell a single container of beer unless the volume of the container is equal to or greater than forty (40) fluid ounces or 1.18 liters. It shall be unlawful for a licensee to bundle, tape, package, or otherwise manipulate single containers of beer for sale as a set. Any such manipulation of packaging shall be a violation of this Subsection. Nothing in this Subsection shall be construed as prohibiting the sale of packages containing six (6) single containers of beer, including such packages consisting of various single containers of beer chosen by the consumer. 2. It shall be unlawful for a Class E licensee to sell a single container of wine unless the container is greater than sixteen (16) fluid ounces or 0.473 liter. 6.32 fluid ounces or 0.187 liters. 3. It shall be unlawful for a Class E licensee to sell a single container of alcoholic liquor, except beer and wine which are regulated by Subsections (E)1 and (E)2 of this Section, unless the container is greater than sixteen (16) fluid ounces or 0.473 liter. 6.76 fluid ounces or 0.20 liters. 4. The sale of alcoholic liquor at retail pursuant to the Class E license may begin after 8:00 a.m., Monday through Sunday. Alcoholic liquor shall not be sold after the hour of 12:00 midnight on any day. 449 of 945 153-O-18 ~2~ The applicant for a Class E license shall pay a first year license fee of twenty-five thousand dollars ($25,000.00). Thereafter, the annual fee for a Class E license shall be four thousand one hundred dollars ($4,100.00). SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2018 Adopted: ___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 450 of 945 DRAFT Page 1 of 4 MINUTES Liquor Control Board Wednesday, November 28, 2018 11:00 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Mayor Stephen H. Hagerty (Local Liquor Control Commissioner); Dick Peach Members Absent: Marion Macbeth Staff Present: Mario Treto, Jr. Others Present: Alderman Ann Rainey; Alderman Judy Fiske; Presiding Member: Local Liquor Control Commissioner Stephen H. Hagerty/Mayor CALL TO ORDER The Local Liquor Control Commissioner Stephen Hagerty called the meeting to order at 11:00 a.m. NEW BUSINESS Evanston 1st Liquors Mario Treto introduced the request to amend the Class E Liquor License to permit the retail sale of alcoholic liquor in container volumes that mirror the Class F-2 Liquor License as granted to Binny’s. The Board discussed the different container sizes permitted for alcoholic liquor, beer, and wine under the Class F-2 Liquor License. Member Peach spoke about the Board historically staying away from single can and bottle beer sales in smaller container volumes. Mayor Hagerty asked for clarification to the requestor as to how the intended sales of individual cans of beer can be purchased; specifically whether it is for single container sale or whether the bottles may be purchased in a collective package of four. Evanston 1st Liquors representatives state that they intend to sell single smaller containers of beer. They explain that certain beer companies release smaller batch beers annually in smaller containers. Member Peach says he can be agreeable if single bottles are offered for sale to be combined into a package, but not for single container sale. Evanston 1st Liquors agrees. Mayor Hagerty asks how much a craft beer can cost, at which various representatives indicate that they may range from ten to twenty dollars for a single craft beer. 451 of 945 DRAFT Page 2 of 4 Alderman Rainey states that there should be no sales of a single ten ounce beer. That it has been a long fought issue for years and it was not the intent of the City Council to allow Binny’s or any other establishment to sell single ten ounce beers. Member Peach says he doesn’t think the request will pass the Council. Mayor Hagerty asks how to resolve the issue of unintentionally allowing Binny’s to sell the single bottle of smaller containers of beer. Peach suggests revising the Class F-2 Liquor License ordinance. Evanston 1st Liquors representative would like to be permitted to sell wine in containers smaller than 550 milliliters to accommodate customers who come in for smaller bottles for purposes of cooking as an example. Also, the representative would like to accommodate customers who come in with the intent to purchase a single beer and not purchase a four or six pack of beer. Member Peach asked for clarification on the sizes that are currently allowed under the Class F-2 Liquor License. Deputy City Attorney Treto stated that the Class F-2 Liquor License allows for 50 milliliter bottles. Evanston 1st Liquors requested for the same permissible containers as the Class F-2 Liquor License. The City Council and Board Members requested to revisit the Class F-2 Liquor License and the possibility of modifying the permitted container volumes for beer and alcoholic liquor. Alderman Rainey reads a section of the Class F-2 Liquor License ordinance that prohibits combining individual containers for sales. Member Peach states that the language should have been changed in the ordinance to permit packaging. Deputy City Attorney Treto pointed out that the end of the ordinance states that nothing in that ordinance prohibits sales of packages containing six single containers of beer including single containers of beer chosen by the consumer. Mayor Hagerty and Member Peach reiterate that the Class F-2 ordinance will need to be revisited and revised and the container sizes should be applied across the board for all license classes. Alderman Rainey would like the renewal fees to be reconsidered if there is going to be an expansion of sales. Evanston 1st Liquors would like permitted alcoholic liquor container sizes reduced to 200 milliliters. Mayor Hagerty would like to take this before the City Council at the December 10, 2018 meeting and have Binny’s come back for a Liquor Control Review Board meeting before Christmas and then review the container sizes in January. Deputy City Attorney Treto will reach out to Binny’s and the City Manager regarding this request. Beer container volume requests will be put on hold until the Class F-1 Liquor License ordinance is resolved. Evanston 1st Liquors request will be introduced to the City Council on December 10, 2018. D & D Finer Foods, 825 Noyes Street D & D Finer Foods asks for the same request as Evanston 1st Liquors. The Board approves such request. 452 of 945 DRAFT Page 3 of 4 D & D Finer Foods request will be introduced to the City Council on December 10, 2018. Evanston Shell Gas Station, 2494 Oakton Street Minhaz Lakhani presents Evanston Shell Gas Station’s request to permit the sale of wine in addition to the sale of beer for off-site consumption. The Board sees no issue in allowing this expansion in permitted retail sale. Evanston Shell Gas Station request to is set for City Council introduction on December 10, 2018. Lao Sze Chuan, 1633 Orrington Avenue Tak Li presents Lao Sze Chuan’s request to be granted a Class D Liquor License. He explains there was a transfer in ownership and the previous owner’s liquor license expired. Their customers are used to them offering liquor and the Company would like to continue to be able to serve alcohol to their customers. Lao Sze Chuan’s request to increase Class D Liquor License was granted. Alderman Fiske agreed to suspend rules and the ordinance will be introduced and City Council will take action at the December 10, 2018 City Council meeting. Colectivo Coffee, 716 Chuch Street Scott Schwebel presents Colectivo Coffee’s request to increase the Class H Liquor License. Alderman Fiske welcomes the new business and expresses excitement to have the look of the location updated. She believes the business will do well. Mayor Hagerty agrees. Mayor Hagerty asks Mr. Schwebel to describe Colectivo Coffee. They are a coffee roaster, bakery, a commissary, and a network of cafés. This is Colectivo’s 20th location. There are 16 in Wisconsin, 13 in Milwaukee, 3 in Madison, 3 in Chicago, and this is their 1st in the Chicagoland area. Scott Schwebel is the vice president of Colectivo. It operates as a café, but 40% of sales are from food and bakery items which they make themselves. The other locations sell a selection of beers and sometimes wines. Generally, most locations have a 6 tap head and serve seasonal beers. They also brew their own beer and highlight local beers. All beer is tapped and not to-go. All servers are BASSET trained. They have not been fined or violated for serving underage. Colectivo Coffee’s request to increase Class H Liquor License was granted. It was agreed to suspend rules and the ordinance will be introduced and City Council will take action at the December 10, 2018 City Council meeting. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Stephen H. 453 of 945 DRAFT Page 4 of 4 Hagerty, Mayor at 11:51 a.m. November 28, 2018. Respectfully Submitted, Mario Treto, Jr. Deputy City Attorney, Law Department 454 of 945 For City Council meeting of December 10, 2018 Item A20 Ordinance 154-O-18, Amending Class L Liquor License Permitted Container Volumes For Introduction and Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Mario Treto, Jr., Deputy City Attorney Subject: Ordinance 154-O-18, Amending City Code Section 3-4-6(L) to Allow for Sale of Alcoholic Liquor Greater than 6.76 Fluid Ounces and Wine Greater than 6.32 Fluid Ounces Date: December 10,l 2018 Recommended Action: Liquor License Commissioner recommends City Council adoption of Ordinance 154-O- 18, amending City Code Section 3-4-6(L) to allow for sale of alcoholic liquor greater than 6.76 fluid ounces and wine greater than 6.32 fluid ounces. Mayor Stephen H. Hagerty requests suspension of the rules for Introduction and Action at the December 10, 2018 City Council meeting. Livability Benefits: Economy & Jobs: Retain and expand local businesses. Summary: The City of Evanston (“City”) currently restricts the Class L liquor license to the sale of wine in sixteen (16) fluid ounce containers or greater and the sale of alcoholic liquor in sixteen (16) fluid ounce containers or greater for off-site consumption. On November 28, 2018, D & D Finer Foods, d/b/a D & D Finer Foods (“Company”), 825 Noyes Street, requested the City of Evanston’s Local Liquor Control Board (“LLCB”) consider a decrease in the minimum allowed volume of wine containers from 16 fluid ounces to 6.32 fluid ounces and volume of alcoholic liquor containers from 16 fluid ounces to 6.76 fluid ounces. The LLCB finds that the new proposed container volumes permit the sale of containers that are typical of the alcohol industry and are currently allowed for sale to Class F-2 liquor license holders. Accordingly, Ordinance 154-O-18 amends Evanston City Code of 2012 Subsection 3-4-6(L) to allow for the sale of single containers of wine for off-site consumption in containers with a minimum volume of 6.32 fluid ounces and sale of single containers of alcoholic liquor for off-site consumption in containers with a minimum volume of 6.76 fluid ounces. Memorandum 455 of 945 Legislative History: At the November 28, 2018 Liquor Control Review Board meeting, Company requested consideration to allow for sale of wine in a minimum of 6.32 ounce containers and the sale of alcoholic liquor in a minimum of 6.76 ounce containers for off-site consumption for the Class L Liquor License. The Board recommended the approval of the proposed amendment. ------------------------------------------------------------------------------------- Attachments: Ordinance 154-O-18 Minutes of the November 28, 2018 Liquor Control Review Board meeting 456 of 945 11/28/2018 154-O-18 AN ORDINANCE Amending City Code Section 3-4-3-(L), Amending the Class L Liquor License To Allow Sale of Alcoholic Liquor Greater than 6.76 Fluid Ounces and Wine Greater than 6.32 Fluid Ounces NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 3-4-3(L) of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: (L) Class L licenses, which shall authorize the retail sale of alcoholic liquor in a grocery store in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. "Grocery store" is defined in Section 3-4-1 of this Chapter. 1. It shall be unlawful for a Class L licensee to sell a single container of beer unless the volume of the container is equal to or greater than forty (40) fluid ounces or 1.18 liters. 2. It shall be unlawful for a Class L licensee to sell a single container of wine unless the container is greater than or equal to sixteen (16) fluid ounces or 0.473 liters. 6.32 fluid ounces or 0.187 liters. 3. It shall be unlawful for a Class L licensee to sell a single container of alcoholic liquor, except beer and wine which are regulated by Subsections (L)1. and (L)2. of this Section, unless the volume of the container is greater than sixteen (16) fluid ounces or 0.473 liters. 6.76 fluid ounces or 0.20 liters. 4. The sale of alcoholic liquor at retail pursuant to the Class L license may begin after 8:00 a.m., Monday through Sunday. Alcoholic liquor shall not be sold after the hour of 12:00 midnight on any day. 5. A Class L licensee shall provide a minimum of five thousand (5,000) square feet to a maximum of seven thousand five hundred (7,500) square feet of production, preparation, and display area in which products are prepared and are for sale. 457 of 945 154-O-18 ~2~ 6. The retail package area shall occupy no more than ten percent (10%) of the total floor space (including office, bathroom and kitchen space). The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. The annual fee for such license shall be five thousand dollars ($5,000.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable according to the provisions of Section 3-4-7 of this Chapter, shall be five thousand two hundred fifty dollars ($5,250.00). No more than one (1) such license(s) shall be in force at any one (1) time. (Ord. No. 150-O-14) SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 458 of 945 154-O-18 ~3~ Introduced: _________________, 2018 Adopted: ___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 459 of 945 DRAFT Page 1 of 4 MINUTES Liquor Control Board Wednesday, November 28, 2018 11:00 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Mayor Stephen H. Hagerty (Local Liquor Control Commissioner); Dick Peach Members Absent: Marion Macbeth Staff Present: Mario Treto, Jr. Others Present: Alderman Ann Rainey; Alderman Judy Fiske; Presiding Member: Local Liquor Control Commissioner Stephen H. Hagerty/Mayor CALL TO ORDER The Local Liquor Control Commissioner Stephen Hagerty called the meeting to order at 11:00 a.m. NEW BUSINESS Evanston 1st Liquors Mario Treto introduced the request to amend the Class E Liquor License to permit the retail sale of alcoholic liquor in container volumes that mirror the Class F-2 Liquor License as granted to Binny’s. The Board discussed the different container sizes permitted for alcoholic liquor, beer, and wine under the Class F-2 Liquor License. Member Peach spoke about the Board historically staying away from single can and bottle beer sales in smaller container volumes. Mayor Hagerty asked for clarification to the requestor as to how the intended sales of individual cans of beer can be purchased; specifically whether it is for single container sale or whether the bottles may be purchased in a collective package of four. Evanston 1st Liquors representatives state that they intend to sell single smaller containers of beer. They explain that certain beer companies release smaller batch beers annually in smaller containers. Member Peach says he can be agreeable if single bottles are offered for sale to be combined into a package, but not for single container sale. Evanston 1st Liquors agrees. Mayor Hagerty asks how much a craft beer can cost, at which various representatives indicate that they may range from ten to twenty dollars for a single craft beer. 460 of 945 DRAFT Page 2 of 4 Alderman Rainey states that there should be no sales of a single ten ounce beer. That it has been a long fought issue for years and it was not the intent of the City Council to allow Binny’s or any other establishment to sell single ten ounce beers. Member Peach says he doesn’t think the request will pass the Council. Mayor Hagerty asks how to resolve the issue of unintentionally allowing Binny’s to sell the single bottle of smaller containers of beer. Peach suggests revising the Class F-2 Liquor License ordinance. Evanston 1st Liquors representative would like to be permitted to sell wine in containers smaller than 550 milliliters to accommodate customers who come in for smaller bottles for purposes of cooking as an example. Also, the representative would like to accommodate customers who come in with the intent to purchase a single beer and not purchase a four or six pack of beer. Member Peach asked for clarification on the sizes that are currently allowed under the Class F-2 Liquor License. Deputy City Attorney Treto stated that the Class F-2 Liquor License allows for 50 milliliter bottles. Evanston 1st Liquors requested for the same permissible containers as the Class F-2 Liquor License. The City Council and Board Members requested to revisit the Class F-2 Liquor License and the possibility of modifying the permitted container volumes for beer and alcoholic liquor. Alderman Rainey reads a section of the Class F-2 Liquor License ordinance that prohibits combining individual containers for sales. Member Peach states that the language should have been changed in the ordinance to permit packaging. Deputy City Attorney Treto pointed out that the end of the ordinance states that nothing in that ordinance prohibits sales of packages containing six single containers of beer including single containers of beer chosen by the consumer. Mayor Hagerty and Member Peach reiterate that the Class F-2 ordinance will need to be revisited and revised and the container sizes should be applied across the board for all license classes. Alderman Rainey would like the renewal fees to be reconsidered if there is going to be an expansion of sales. Evanston 1st Liquors would like permitted alcoholic liquor container sizes reduced to 200 milliliters. Mayor Hagerty would like to take this before the City Council at the December 10, 2018 meeting and have Binny’s come back for a Liquor Control Review Board meeting before Christmas and then review the container sizes in January. Deputy City Attorney Treto will reach out to Binny’s and the City Manager regarding this request. Beer container volume requests will be put on hold until the Class F-1 Liquor License ordinance is resolved. Evanston 1st Liquors request will be introduced to the City Council on December 10, 2018. D & D Finer Foods, 825 Noyes Street D & D Finer Foods asks for the same request as Evanston 1st Liquors. The Board approves such request. 461 of 945 DRAFT Page 3 of 4 D & D Finer Foods request will be introduced to the City Council on December 10, 2018. Evanston Shell Gas Station, 2494 Oakton Street Minhaz Lakhani presents Evanston Shell Gas Station’s request to permit the sale of wine in addition to the sale of beer for off-site consumption. The Board sees no issue in allowing this expansion in permitted retail sale. Evanston Shell Gas Station request to is set for City Council introduction on December 10, 2018. Lao Sze Chuan, 1633 Orrington Avenue Tak Li presents Lao Sze Chuan’s request to be granted a Class D Liquor License. He explains there was a transfer in ownership and the previous owner’s liquor license expired. Their customers are used to them offering liquor and the Company would like to continue to be able to serve alcohol to their customers. Lao Sze Chuan’s request to increase Class D Liquor License was granted. Alderman Fiske agreed to suspend rules and the ordinance will be introduced and City Council will take action at the December 10, 2018 City Council meeting. Colectivo Coffee, 716 Chuch Street Scott Schwebel presents Colectivo Coffee’s request to increase the Class H Liquor License. Alderman Fiske welcomes the new business and expresses excitement to have the look of the location updated. She believes the business will do well. Mayor Hagerty agrees. Mayor Hagerty asks Mr. Schwebel to describe Colectivo Coffee. They are a coffee roaster, bakery, a commissary, and a network of cafés. This is Colectivo’s 20th location. There are 16 in Wisconsin, 13 in Milwaukee, 3 in Madison, 3 in Chicago, and this is their 1st in the Chicagoland area. Scott Schwebel is the vice president of Colectivo. It operates as a café, but 40% of sales are from food and bakery items which they make themselves. The other locations sell a selection of beers and sometimes wines. Generally, most locations have a 6 tap head and serve seasonal beers. They also brew their own beer and highlight local beers. All beer is tapped and not to-go. All servers are BASSET trained. They have not been fined or violated for serving underage. Colectivo Coffee’s request to increase Class H Liquor License was granted. It was agreed to suspend rules and the ordinance will be introduced and City Council will take action at the December 10, 2018 City Council meeting. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Stephen H. 462 of 945 DRAFT Page 4 of 4 Hagerty, Mayor at 11:51 a.m. November 28, 2018. Respectfully Submitted, Mario Treto, Jr. Deputy City Attorney, Law Department 463 of 945 For City Council meeting of December 10, 2018 Item A21 Ordinance 155-O-18, Amending Class O Liquor License to Allow the Sale of Wine For Introduction and Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Mario Treto, Jr., Deputy City Attorney Subject: Ordinance 155-O-18, Amending City Code Section 3-4-3(O) to Allow for Sale of Wine Greater than 6.32 Fluid Ounces Date: December 4, 2018 Recommended Action: Liquor License Commissioner recommends City Council adoption of Ordinance 155-O- 18, amending City Code Section 3-4-3(O) to allow for the sale of wine greater than 6.32 fluid ounces. Mayor Stephen H. Hagerty requests suspension of the rules for Introduction and Action at the December 10, 2018 City Council meeting. Livability Benefits: Economy & Jobs: Retain and expand local businesses. Summary: The City of Evanston (“City”) currently only permits Class O liquor license holders to engage in the retail sale of beer in the original packages in automobile service stations to persons of at least twenty-one (21) years of age for consumption off the premises. On November 28, 2018, Dil Foods Inc., d/b/a Evanston Shell Gas Station (“Company”), 2494 Oakton Street, requested the City of Evanston’s Local Liquor Control Board (“LLCB”) consider allowing the retail sale of wine in 6.32 fluid ounce containers or greater in the original packages to persons of at least twenty-one (21) years of age for consumption off the premises. The LLCB finds that the new proposed container volumes permit the sale of containers that are typical of the alcohol industry and are currently allowed for sale to Class F-2 liquor license holders. Accordingly, Ordinance 155-O-18 amends Evanston City Code of 2012 Subsection 3-4-6(O) to allow for the sale of single containers of wine for off-site consumption in containers with a minimum volume of 6.32 fluid ounces. Legislative History: At the November 28, 2018 Liquor Control Review Board meeting, Company requested consideration to allow for sale of wine in a minimum of 6.32 ounce containers for off-site consumption for the Class O Liquor License. The Board recommended the approval of the proposed amendment. Memorandum 464 of 945 ------------------------------------------------------------------------------------- Attachments: Ordinance 155-O-18 Minutes of the November 28, 2018 Liquor Control Review Board meeting 465 of 945 11/28/2018 155-O-18 AN ORDINANCE Amending City Code Section 3-4-6(O), Amending the Class O Liquor License To Allow Sale of Wine Greater than 6.32 Fluid Ounces NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 3-4-6(O) of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: (O) Class O licenses, which shall authorize the retail sale of beer in automobile service stations as defined in Section 3-4-1 of this Chapter, and in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. 1. It shall be unlawful for a Class O licensee to sell a single container of beer unless the volume of the container is greater than forty (40) ounces or 1.18 liters. It shall be unlawful for a licensee to bundle, tape, package, or otherwise manipulate single containers of beer for sale as a set. Any such manipulation of packaging shall be a violation of this subsection. 2. It shall be unlawful for a Class O licensee to sell a single container of wine unless the volume of the container is greater than 6.32 fluid ounces or 0.187 liters. 2. 3. It is unlawful for the holder of a Class O license to sell any beer or wine between the hours of 2:00 a.m. and 8:00 a.m. on any given day. 3.4. The retail sale of beer and wine area on the premises shall occupy no more than five hundred (500) square feet of floor space. 4.5. No sale of beer or wine shall be allowed to any patron who is occupying a motor vehicle at the time of sale. 5.6. No sale of beer or wine shall be allowed from a drive-in window or other similar opening in the licensed premises to any patron. The annual single payment fee for initial issuance or renewal of such license shall be two thousand dollars ($2,000.00). 466 of 945 155-O-18 ~2~ No more than one (1) such license(s) shall be in force at any one (1) time. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2018 Adopted: ___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 467 of 945 DRAFT Page 1 of 4 MINUTES Liquor Control Board Wednesday, November 28, 2018 11:00 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Mayor Stephen H. Hagerty (Local Liquor Control Commissioner); Dick Peach Members Absent: Marion Macbeth Staff Present: Mario Treto, Jr. Others Present: Alderman Ann Rainey; Alderman Judy Fiske; Presiding Member: Local Liquor Control Commissioner Stephen H. Hagerty/Mayor CALL TO ORDER The Local Liquor Control Commissioner Stephen Hagerty called the meeting to order at 11:00 a.m. NEW BUSINESS Evanston 1st Liquors Mario Treto introduced the request to amend the Class E Liquor License to permit the retail sale of alcoholic liquor in container volumes that mirror the Class F-2 Liquor License as granted to Binny’s. The Board discussed the different container sizes permitted for alcoholic liquor, beer, and wine under the Class F-2 Liquor License. Member Peach spoke about the Board historically staying away from single can and bottle beer sales in smaller container volumes. Mayor Hagerty asked for clarification to the requestor as to how the intended sales of individual cans of beer can be purchased; specifically whether it is for single container sale or whether the bottles may be purchased in a collective package of four. Evanston 1st Liquors representatives state that they intend to sell single smaller containers of beer. They explain that certain beer companies release smaller batch beers annually in smaller containers. Member Peach says he can be agreeable if single bottles are offered for sale to be combined into a package, but not for single container sale. Evanston 1st Liquors agrees. Mayor Hagerty asks how much a craft beer can cost, at which various representatives indicate that they may range from ten to twenty dollars for a single craft beer. 468 of 945 DRAFT Page 2 of 4 Alderman Rainey states that there should be no sales of a single ten ounce beer. That it has been a long fought issue for years and it was not the intent of the City Council to allow Binny’s or any other establishment to sell single ten ounce beers. Member Peach says he doesn’t think the request will pass the Council. Mayor Hagerty asks how to resolve the issue of unintentionally allowing Binny’s to sell the single bottle of smaller containers of beer. Peach suggests revising the Class F-2 Liquor License ordinance. Evanston 1st Liquors representative would like to be permitted to sell wine in containers smaller than 550 milliliters to accommodate customers who come in for smaller bottles for purposes of cooking as an example. Also, the representative would like to accommodate customers who come in with the intent to purchase a single beer and not purchase a four or six pack of beer. Member Peach asked for clarification on the sizes that are currently allowed under the Class F-2 Liquor License. Deputy City Attorney Treto stated that the Class F-2 Liquor License allows for 50 milliliter bottles. Evanston 1st Liquors requested for the same permissible containers as the Class F-2 Liquor License. The City Council and Board Members requested to revisit the Class F-2 Liquor License and the possibility of modifying the permitted container volumes for beer and alcoholic liquor. Alderman Rainey reads a section of the Class F-2 Liquor License ordinance that prohibits combining individual containers for sales. Member Peach states that the language should have been changed in the ordinance to permit packaging. Deputy City Attorney Treto pointed out that the end of the ordinance states that nothing in that ordinance prohibits sales of packages containing six single containers of beer including single containers of beer chosen by the consumer. Mayor Hagerty and Member Peach reiterate that the Class F-2 ordinance will need to be revisited and revised and the container sizes should be applied across the board for all license classes. Alderman Rainey would like the renewal fees to be reconsidered if there is going to be an expansion of sales. Evanston 1st Liquors would like permitted alcoholic liquor container sizes reduced to 200 milliliters. Mayor Hagerty would like to take this before the City Council at the December 10, 2018 meeting and have Binny’s come back for a Liquor Control Review Board meeting before Christmas and then review the container sizes in January. Deputy City Attorney Treto will reach out to Binny’s and the City Manager regarding this request. Beer container volume requests will be put on hold until the Class F-1 Liquor License ordinance is resolved. Evanston 1st Liquors request will be introduced to the City Council on December 10, 2018. D & D Finer Foods, 825 Noyes Street D & D Finer Foods asks for the same request as Evanston 1st Liquors. The Board approves such request. 469 of 945 DRAFT Page 3 of 4 D & D Finer Foods request will be introduced to the City Council on December 10, 2018. Evanston Shell Gas Station, 2494 Oakton Street Minhaz Lakhani presents Evanston Shell Gas Station’s request to permit the sale of wine in addition to the sale of beer for off-site consumption. The Board sees no issue in allowing this expansion in permitted retail sale. Evanston Shell Gas Station request to is set for City Council introduction on December 10, 2018. Lao Sze Chuan, 1633 Orrington Avenue Tak Li presents Lao Sze Chuan’s request to be granted a Class D Liquor License. He explains there was a transfer in ownership and the previous owner’s liquor license expired. Their customers are used to them offering liquor and the Company would like to continue to be able to serve alcohol to their customers. Lao Sze Chuan’s request to increase Class D Liquor License was granted. Alderman Fiske agreed to suspend rules and the ordinance will be introduced and City Council will take action at the December 10, 2018 City Council meeting. Colectivo Coffee, 716 Chuch Street Scott Schwebel presents Colectivo Coffee’s request to increase the Class H Liquor License. Alderman Fiske welcomes the new business and expresses excitement to have the look of the location updated. She believes the business will do well. Mayor Hagerty agrees. Mayor Hagerty asks Mr. Schwebel to describe Colectivo Coffee. They are a coffee roaster, bakery, a commissary, and a network of cafés. This is Colectivo’s 20th location. There are 16 in Wisconsin, 13 in Milwaukee, 3 in Madison, 3 in Chicago, and this is their 1st in the Chicagoland area. Scott Schwebel is the vice president of Colectivo. It operates as a café, but 40% of sales are from food and bakery items which they make themselves. The other locations sell a selection of beers and sometimes wines. Generally, most locations have a 6 tap head and serve seasonal beers. They also brew their own beer and highlight local beers. All beer is tapped and not to-go. All servers are BASSET trained. They have not been fined or violated for serving underage. Colectivo Coffee’s request to increase Class H Liquor License was granted. It was agreed to suspend rules and the ordinance will be introduced and City Council will take action at the December 10, 2018 City Council meeting. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Stephen H. 470 of 945 DRAFT Page 4 of 4 Hagerty, Mayor at 11:51 a.m. November 28, 2018. Respectfully Submitted, Mario Treto, Jr. Deputy City Attorney, Law Department 471 of 945 For City Council meeting of November 28, 2018 Item A22 Ordinance 156-O-18, Increase Class D Liquor License – Lao Sze Chuan For Introduction and Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Mario Treto, Jr., Deputy City Attorney Subject: Ordinance 156-O-18, Increasing the Number of Class D Liquor Licenses for Fortune Cookie Group, Inc., d/b/a Lao Sze Chuan, 1633 Orrington Avenue Date: December 10, 2018 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 156-O-18, amending Class D Liquor License from fifty-one to fifty-two for Fortune Cookie Group, Inc., d/b/a Lao Sze Chuan, 1633 Orrington Avenue. Alderman Fiske requests suspension of the rules for Introduction and Action at the December 10, 2018 City Council meeting. Livability Benefits: Economy & Jobs: Retain and expand local businesses. Summary: Ordinance 156-O-18 amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of Class D Liquor Licenses from fifty-one (51) to fifty- two (52) and permit issuance of a Class D license to Fortune Cookie Group, Inc., d/b/a Lao Sze Chuan, 1633 Orrington Avenue. This license will permit Company to retail sale of alcoholic liquor in restaurants only to persons of at least twenty-one (21) years of age for consumption on the premises. Company representative Tak Li submitted application materials. Legislative History: At the November 28, 2018 Liquor Control Review Board meeting, Company requested consideration of application for a Class D liquor license. ------------------------------------------------------------------------------------- Attachments: Ordinance 156-O-18 Application Minutes of the November 28, 2018 Liquor Control Review Board meeting Memorandum 472 of 945 11/29/2018 156-O-18 AN ORDINANCE Amending City Code Section 3-4-6-(D), to Increase the Number of Class D Liquor Licenses from Fifty-One to Fifty-Two (Fortune Cookie Group, Inc., d/b/a Lao Sze Chuan, 1633 Orrington Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class D of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: D Restaurant Liquor None $2,800 $2,800 51 52 None 11 a.m. — 1 a.m. (Mon- Thurs); 11 a.m. — 2 a.m. (Fri-Sat); 12 p.m. — 1 a.m. (Sun) SECTION 2: Subsection 3-4-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class D liquor licenses from fifty-one (51) to fifty-two (52) to read as follows: (D) CLASS D licenses, which shall authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant'', as defined in Section 3-4-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding Class D licenses only during the period when their patrons are offered a complete meal. The applicant for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. 473 of 945 156-O-18 ~2~ The annual single-payment fee for initial issuance or renewal of such license shall be two thousand eight hundred dollars ($2,800.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be two thousand nine hundred forty dollars ($2,940.00). No more than fifty-one (51) fifty-two (52) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2018 Adopted: ___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor 474 of 945 156-O-18 ~3~ Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 475 of 945 476 of 945 477 of 945 478 of 945 479 of 945 480 of 945 481 of 945 482 of 945 483 of 945 484 of 945 485 of 945 486 of 945 487 of 945 488 of 945 489 of 945 490 of 945 491 of 945 492 of 945 493 of 945 494 of 945 495 of 945 496 of 945 497 of 945 498 of 945 499 of 945 500 of 945 501 of 945 502 of 945 503 of 945 504 of 945 505 of 945 506 of 945 507 of 945 508 of 945 509 of 945 510 of 945 511 of 945 512 of 945 513 of 945 514 of 945 515 of 945 516 of 945 517 of 945 518 of 945 519 of 945 520 of 945 521 of 945 522 of 945 523 of 945 524 of 945 525 of 945 DRAFT Page 1 of 4 MINUTES Liquor Control Board Wednesday, November 28, 2018 11:00 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Mayor Stephen H. Hagerty (Local Liquor Control Commissioner); Dick Peach Members Absent: Marion Macbeth Staff Present: Mario Treto, Jr. Others Present: Alderman Ann Rainey; Alderman Judy Fiske; Presiding Member: Local Liquor Control Commissioner Stephen H. Hagerty/Mayor CALL TO ORDER The Local Liquor Control Commissioner Stephen Hagerty called the meeting to order at 11:00 a.m. NEW BUSINESS Evanston 1st Liquors Mario Treto introduced the request to amend the Class E Liquor License to permit the retail sale of alcoholic liquor in container volumes that mirror the Class F-2 Liquor License as granted to Binny’s. The Board discussed the different container sizes permitted for alcoholic liquor, beer, and wine under the Class F-2 Liquor License. Member Peach spoke about the Board historically staying away from single can and bottle beer sales in smaller container volumes. Mayor Hagerty asked for clarification to the requestor as to how the intended sales of individual cans of beer can be purchased; specifically whether it is for single container sale or whether the bottles may be purchased in a collective package of four. Evanston 1st Liquors representatives state that they intend to sell single smaller containers of beer. They explain that certain beer companies release smaller batch beers annually in smaller containers. Member Peach says he can be agreeable if single bottles are offered for sale to be combined into a package, but not for single container sale. Evanston 1st Liquors agrees. Mayor Hagerty asks how much a craft beer can cost, at which various representatives indicate that they may range from ten to twenty dollars for a single craft beer. 526 of 945 DRAFT Page 2 of 4 Alderman Rainey states that there should be no sales of a single ten ounce beer. That it has been a long fought issue for years and it was not the intent of the City Council to allow Binny’s or any other establishment to sell single ten ounce beers. Member Peach says he doesn’t think the request will pass the Council. Mayor Hagerty asks how to resolve the issue of unintentionally allowing Binny’s to sell the single bottle of smaller containers of beer. Peach suggests revising the Class F-2 Liquor License ordinance. Evanston 1st Liquors representative would like to be permitted to sell wine in containers smaller than 550 milliliters to accommodate customers who come in for smaller bottles for purposes of cooking as an example. Also, the representative would like to accommodate customers who come in with the intent to purchase a single beer and not purchase a four or six pack of beer. Member Peach asked for clarification on the sizes that are currently allowed under the Class F-2 Liquor License. Deputy City Attorney Treto stated that the Class F-2 Liquor License allows for 50 milliliter bottles. Evanston 1st Liquors requested for the same permissible containers as the Class F-2 Liquor License. The City Council and Board Members requested to revisit the Class F-2 Liquor License and the possibility of modifying the permitted container volumes for beer and alcoholic liquor. Alderman Rainey reads a section of the Class F-2 Liquor License ordinance that prohibits combining individual containers for sales. Member Peach states that the language should have been changed in the ordinance to permit packaging. Deputy City Attorney Treto pointed out that the end of the ordinance states that nothing in that ordinance prohibits sales of packages containing six single containers of beer including single containers of beer chosen by the consumer. Mayor Hagerty and Member Peach reiterate that the Class F-2 ordinance will need to be revisited and revised and the container sizes should be applied across the board for all license classes. Alderman Rainey would like the renewal fees to be reconsidered if there is going to be an expansion of sales. Evanston 1st Liquors would like permitted alcoholic liquor container sizes reduced to 200 milliliters. Mayor Hagerty would like to take this before the City Council at the December 10, 2018 meeting and have Binny’s come back for a Liquor Control Review Board meeting before Christmas and then review the container sizes in January. Deputy City Attorney Treto will reach out to Binny’s and the City Manager regarding this request. Beer container volume requests will be put on hold until the Class F-1 Liquor License ordinance is resolved. Evanston 1st Liquors request will be introduced to the City Council on December 10, 2018. D & D Finer Foods, 825 Noyes Street D & D Finer Foods asks for the same request as Evanston 1st Liquors. The Board approves such request. 527 of 945 DRAFT Page 3 of 4 D & D Finer Foods request will be introduced to the City Council on December 10, 2018. Evanston Shell Gas Station, 2494 Oakton Street Minhaz Lakhani presents Evanston Shell Gas Station’s request to permit the sale of wine in addition to the sale of beer for off-site consumption. The Board sees no issue in allowing this expansion in permitted retail sale. Evanston Shell Gas Station request to is set for City Council introduction on December 10, 2018. Lao Sze Chuan, 1633 Orrington Avenue Tak Li presents Lao Sze Chuan’s request to be granted a Class D Liquor License. He explains there was a transfer in ownership and the previous owner’s liquor license expired. Their customers are used to them offering liquor and the Company would like to continue to be able to serve alcohol to their customers. Lao Sze Chuan’s request to increase Class D Liquor License was granted. Alderman Fiske agreed to suspend rules and the ordinance will be introduced and City Council will take action at the December 10, 2018 City Council meeting. Colectivo Coffee, 716 Chuch Street Scott Schwebel presents Colectivo Coffee’s request to increase the Class H Liquor License. Alderman Fiske welcomes the new business and expresses excitement to have the look of the location updated. She believes the business will do well. Mayor Hagerty agrees. Mayor Hagerty asks Mr. Schwebel to describe Colectivo Coffee. They are a coffee roaster, bakery, a commissary, and a network of cafés. This is Colectivo’s 20th location. There are 16 in Wisconsin, 13 in Milwaukee, 3 in Madison, 3 in Chicago, and this is their 1st in the Chicagoland area. Scott Schwebel is the vice president of Colectivo. It operates as a café, but 40% of sales are from food and bakery items which they make themselves. The other locations sell a selection of beers and sometimes wines. Generally, most locations have a 6 tap head and serve seasonal beers. They also brew their own beer and highlight local beers. All beer is tapped and not to-go. All servers are BASSET trained. They have not been fined or violated for serving underage. Colectivo Coffee’s request to increase Class H Liquor License was granted. It was agreed to suspend rules and the ordinance will be introduced and City Council will take action at the December 10, 2018 City Council meeting. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Stephen H. 528 of 945 DRAFT Page 4 of 4 Hagerty, Mayor at 11:51 a.m. November 28, 2018. Respectfully Submitted, Mario Treto, Jr. Deputy City Attorney, Law Department 529 of 945 For City Council meeting of November 28, 2018 Item A23 Ordinance 157-O-18, Increase Class H Liquor License – Colectivo Coffee For Introduction and Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Mario Treto, Jr., Deputy City Attorney Subject: Ordinance 157-O-18, Increasing the Number of Class H Liquor Licenses for Colectivo Coffee Roasters, Inc., d/b/a Colectivo Coffee, 716 Church Street Date: December 10, 2018 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 157-O-18, amending Class H Liquor License from one to two for Colectivo Coffee Roasters, Inc., d/b/a Colectivo Coffee, 716 Church Street. Alderman Fiske requests suspension of the rules for Introduction and Action at the December 10, 2018 City Council meeting. Livability Benefits: Economy & Jobs: Retain and expand local businesses. Summary: Ordinance 157-O-18 amends Evanston City Code of 2012 Subsection 3-4-6-(H), as amended, to increase the number of Class H Liquor Licenses from one (1) to two (2) and permit issuance of a Class H license to Colectivo Coffee Roasters, Inc., d/b/a Colectivo Coffee, 716 Church Street. This license will permit Company to retail sale of alcoholic liquor in restaurants only to persons of at least twenty-one (21) years of age for consumption on the premises. Company representative Ward Fowler submitted application materials. Legislative History: At the November 28, 2018 Liquor Control Review Board meeting, Company requested consideration of application for a Class H liquor license. ------------------------------------------------------------------------------------- Attachments: Ordinance 157-O-18 Application Minutes of the November 28, 2018 Liquor Control Review Board meeting Memorandum 530 of 945 11/29/2018 157-O-18 AN ORDINANCE Amending City Code Section 3-4-6(H), to Increase the Number of Class H Liquor Licenses from One to Two (Colectivo Coffee Roasters, Inc., d/b/a Colectivo Coffee, 716 Church Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class H of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: H Restaurant Liquor None $2,800 $2,800 1 2 None 11 a.m. — 10 p.m. (Mon- Sat); 10 a.m. — 10 p.m. (Sun) SECTION 2: Subsection 3-4-6(D) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class H liquor licenses from one (1) to two (2) to read as follows: (H) Class H licenses, which shall authorize the sale in restaurants of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant," as defined in Section 3-4-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding Class H licenses only during the period when patrons are offered a complete meal. The sale of alcoholic liquor shall only take place from 11:00 a.m. to 10:00 p.m., Monday through Saturday and from 10:00 a.m. to 10:00 p.m. on Sunday. No alcoholic liquor may be consumed on the premises after 10:30 p.m., Sunday through Saturday. The applicant for the renewal of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. 531 of 945 157-O-18 ~2~ The annual single payment fee for initial issuance or renewal of such license shall be two thousand eight hundred dollars ($2,800.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be two thousand nine hundred forty dollars ($2,940.00). No more than one (1) two (2) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2018 Adopted: ___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor 532 of 945 157-O-18 ~3~ Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 533 of 945 534 of 945 535 of 945 536 of 945 537 of 945 538 of 945 539 of 945 540 of 945 541 of 945 542 of 945 543 of 945 544 of 945 545 of 945 546 of 945 547 of 945 548 of 945 549 of 945 550 of 945 551 of 945 552 of 945 553 of 945 554 of 945 555 of 945 556 of 945 557 of 945 558 of 945 559 of 945 560 of 945 561 of 945 562 of 945 563 of 945 564 of 945 565 of 945 566 of 945 567 of 945 568 of 945 569 of 945 570 of 945 571 of 945 572 of 945 573 of 945 574 of 945 575 of 945 576 of 945 577 of 945 578 of 945 579 of 945 580 of 945 581 of 945 582 of 945 583 of 945 584 of 945 585 of 945 586 of 945 587 of 945 588 of 945 589 of 945 590 of 945 591 of 945 592 of 945 593 of 945 Illinois BASSET SELLER / SERVER CERTIFICATION Trainee Name: #Name# Date of Completion: I,__________________________ certify that the above named person successfully completed an approved Learn2Serve Seller/Server course. Corporate Headquarters 6801 N Capital of Texas Hwy, Suite 150 Austin, TX 78731 P: 877.881.2235 This is your temporary certificate of completion. You will receive your official card in the mail. Please forward all questions to support@360training.com. This course provides necessary knowledge and techniques for the responsible serving of alcohol. School Name: 360training.com dba Learn2Serve11/15/2018 Curtis Fowler 594 of 945 Illinois BASSET SELLER / SERVER CERTIFICATION Trainee Name: #Name# Date of Completion: I,__________________________ certify that the above named person successfully completed an approved Learn2Serve Seller/Server course. Corporate Headquarters 6801 N Capital of Texas Hwy, Suite 150 Austin, TX 78731 P: 877.881.2235 This is your temporary certificate of completion. You will receive your official card in the mail. Please forward all questions to support@360training.com. This course provides necessary knowledge and techniques for the responsible serving of alcohol. School Name: 360training.com dba Learn2Serve11/19/2018 Paul Miller 595 of 945 DRAFT Page 1 of 4 MINUTES Liquor Control Board Wednesday, November 28, 2018 11:00 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Mayor Stephen H. Hagerty (Local Liquor Control Commissioner); Dick Peach Members Absent: Marion Macbeth Staff Present: Mario Treto, Jr. Others Present: Alderman Ann Rainey; Alderman Judy Fiske; Presiding Member: Local Liquor Control Commissioner Stephen H. Hagerty/Mayor CALL TO ORDER The Local Liquor Control Commissioner Stephen Hagerty called the meeting to order at 11:00 a.m. NEW BUSINESS Evanston 1st Liquors Mario Treto introduced the request to amend the Class E Liquor License to permit the retail sale of alcoholic liquor in container volumes that mirror the Class F-2 Liquor License as granted to Binny’s. The Board discussed the different container sizes permitted for alcoholic liquor, beer, and wine under the Class F-2 Liquor License. Member Peach spoke about the Board historically staying away from single can and bottle beer sales in smaller container volumes. Mayor Hagerty asked for clarification to the requestor as to how the intended sales of individual cans of beer can be purchased; specifically whether it is for single container sale or whether the bottles may be purchased in a collective package of four. Evanston 1st Liquors representatives state that they intend to sell single smaller containers of beer. They explain that certain beer companies release smaller batch beers annually in smaller containers. Member Peach says he can be agreeable if single bottles are offered for sale to be combined into a package, but not for single container sale. Evanston 1st Liquors agrees. Mayor Hagerty asks how much a craft beer can cost, at which various representatives indicate that they may range from ten to twenty dollars for a single craft beer. 596 of 945 DRAFT Page 2 of 4 Alderman Rainey states that there should be no sales of a single ten ounce beer. That it has been a long fought issue for years and it was not the intent of the City Council to allow Binny’s or any other establishment to sell single ten ounce beers. Member Peach says he doesn’t think the request will pass the Council. Mayor Hagerty asks how to resolve the issue of unintentionally allowing Binny’s to sell the single bottle of smaller containers of beer. Peach suggests revising the Class F-2 Liquor License ordinance. Evanston 1st Liquors representative would like to be permitted to sell wine in containers smaller than 550 milliliters to accommodate customers who come in for smaller bottles for purposes of cooking as an example. Also, the representative would like to accommodate customers who come in with the intent to purchase a single beer and not purchase a four or six pack of beer. Member Peach asked for clarification on the sizes that are currently allowed under the Class F-2 Liquor License. Deputy City Attorney Treto stated that the Class F-2 Liquor License allows for 50 milliliter bottles. Evanston 1st Liquors requested for the same permissible containers as the Class F-2 Liquor License. The City Council and Board Members requested to revisit the Class F-2 Liquor License and the possibility of modifying the permitted container volumes for beer and alcoholic liquor. Alderman Rainey reads a section of the Class F-2 Liquor License ordinance that prohibits combining individual containers for sales. Member Peach states that the language should have been changed in the ordinance to permit packaging. Deputy City Attorney Treto pointed out that the end of the ordinance states that nothing in that ordinance prohibits sales of packages containing six single containers of beer including single containers of beer chosen by the consumer. Mayor Hagerty and Member Peach reiterate that the Class F-2 ordinance will need to be revisited and revised and the container sizes should be applied across the board for all license classes. Alderman Rainey would like the renewal fees to be reconsidered if there is going to be an expansion of sales. Evanston 1st Liquors would like permitted alcoholic liquor container sizes reduced to 200 milliliters. Mayor Hagerty would like to take this before the City Council at the December 10, 2018 meeting and have Binny’s come back for a Liquor Control Review Board meeting before Christmas and then review the container sizes in January. Deputy City Attorney Treto will reach out to Binny’s and the City Manager regarding this request. Beer container volume requests will be put on hold until the Class F-1 Liquor License ordinance is resolved. Evanston 1st Liquors request will be introduced to the City Council on December 10, 2018. D & D Finer Foods, 825 Noyes Street D & D Finer Foods asks for the same request as Evanston 1st Liquors. The Board approves such request. 597 of 945 DRAFT Page 3 of 4 D & D Finer Foods request will be introduced to the City Council on December 10, 2018. Evanston Shell Gas Station, 2494 Oakton Street Minhaz Lakhani presents Evanston Shell Gas Station’s request to permit the sale of wine in addition to the sale of beer for off-site consumption. The Board sees no issue in allowing this expansion in permitted retail sale. Evanston Shell Gas Station request to is set for City Council introduction on December 10, 2018. Lao Sze Chuan, 1633 Orrington Avenue Tak Li presents Lao Sze Chuan’s request to be granted a Class D Liquor License. He explains there was a transfer in ownership and the previous owner’s liquor license expired. Their customers are used to them offering liquor and the Company would like to continue to be able to serve alcohol to their customers. Lao Sze Chuan’s request to increase Class D Liquor License was granted. Alderman Fiske agreed to suspend rules and the ordinance will be introduced and City Council will take action at the December 10, 2018 City Council meeting. Colectivo Coffee, 716 Chuch Street Scott Schwebel presents Colectivo Coffee’s request to increase the Class H Liquor License. Alderman Fiske welcomes the new business and expresses excitement to have the look of the location updated. She believes the business will do well. Mayor Hagerty agrees. Mayor Hagerty asks Mr. Schwebel to describe Colectivo Coffee. They are a coffee roaster, bakery, a commissary, and a network of cafés. This is Colectivo’s 20th location. There are 16 in Wisconsin, 13 in Milwaukee, 3 in Madison, 3 in Chicago, and this is their 1st in the Chicagoland area. Scott Schwebel is the vice president of Colectivo. It operates as a café, but 40% of sales are from food and bakery items which they make themselves. The other locations sell a selection of beers and sometimes wines. Generally, most locations have a 6 tap head and serve seasonal beers. They also brew their own beer and highlight local beers. All beer is tapped and not to-go. All servers are BASSET trained. They have not been fined or violated for serving underage. Colectivo Coffee’s request to increase Class H Liquor License was granted. It was agreed to suspend rules and the ordinance will be introduced and City Council will take action at the December 10, 2018 City Council meeting. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Stephen H. 598 of 945 DRAFT Page 4 of 4 Hagerty, Mayor at 11:51 a.m. November 28, 2018. Respectfully Submitted, Mario Treto, Jr. Deputy City Attorney, Law Department 599 of 945 For City Council Meeting of December 10, 2018 Item A24 Ordinance 161-O-18, Amending Resident Only Parking Districts For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Erika Storlie, Assistant City Manager/Administrative Services Director Jill Velan, Parking Division Manager Subject: Ordinance 161-O-18, Amending 10-11-18 and 10-11-22 – Resident Parking Only Districts Date: December 7, 2018 Recommended Action The Transportation/Parking Committee and Staff recommend City Council adopt Ordinance 161-O-18, amending City Code Section 10-11-18 Schedule XVIII(Q) and Section 10-11-22 Schedule XVIII(C), Residents Parking Only Districts, to for District S to become EVS District 3 with a review of the changes after six months to be presented to the Transportation/Parking Committee in the second half of 2019. Livability Benefit: Built Environment: Provide compact and complete streets and neighborhoods Summary On October 10, 2011 the City Council approved Ordinance 85-O-11 amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 11: Schedule XVIII; Residents Parking Only Districts, (Q). District S: eight o’clock (8:00) A.M. to six o’clock (6:00) P.M. Monday through Saturday for 2500 block of Hurd Avenue as recommended by the Transportation/Parking Committee. On October 24, 2018 Transportation Committee reviewed the results of a survey and voted to recommend that the City Council consider the adoption of an ordinance changing the existing S District from residential parking for only Hurd Street residents to residential parking for all Evanston residents and to review this change after six months. On April 26, 2018 the Transportation/Parking Committee approved a request by 6th Ward Alderman Suffredin to conduct a parking study of the Area Surrounding the Business District located on the general area of the intersection at Central Street/Central Park Avenue. Memorandum 600 of 945 Staff conducted a Parking Study of the area in the Summer of 2018. Alderman Suffredin held a neighborhood meeting on September 20, 2018 to discuss the results of the current study and the previous studies conducted in 2011. After reviewing the results, Staff is recommending that for 2019 a Pilot Program is conducted on the 2500 Hurd Street. District S would be changed to EVS 3. Residents of Evanston whose vehicles are registered in Evanston would be allowed to park on the block. Residents of the block whose vehicles are not registered in Evanston would be allowed to purchase a permit. After six months Staff will conduct a review of the new restriction and provide results to the Transportation/Parking Committee for discussion of any follow-up recommendations or changes for 2020. As with other Pilot Programs, the area would be periodically monitored and in the event that previous conditions (similar to before 2011) started to occur, staff would bring this information to the Transportation/Parking Committee before the six month timeframe. Attachments: Ordinance 161-O-18 601 of 945 12/05/2018 161-O-18 AN ORDINANCE Deleting City Code Section 10-11-18, “Schedule XVIII(Q): Resident Parking Only Districts” and Adding City Code Section 10-11-22(C), “Schedule XVII(C): Evanston Resident Only Parking Districts” NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Schedule XVIII(Q), “Resident Parking Only District,” of Section 10-11-18(Q), of the Evanston City Code of 2012, as amended, is hereby deleted in its entirety. (Q) District S: 8:00 a.m. to 6:00 p.m., Monday through Saturday: SCHEDULE XVIII (Q): RESIDENT PARKING ONLY DISTRICTS Hurd Avenue Both sides Harrison Street to alley south of Central Street SECTION 2: Schedule XXII(C), “Evanston Resident Parking Only Districts,” of Section 10-11-22(C) of the Evanston City Code of 2012, as amended, is hereby added to read as follows: (C) District E-3: 8:00 a.m. to 6:00 p.m., Monday through Saturday: SCHEDULE XVIII (C): EVANSTON RESIDENT ONLY PARKING DISTRICTS Hurd Avenue Both sides Harrison Street to alley south of Central Street 602 of 945 161-O-18 ~2~ SECTION 3: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: This ordinance will be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 6: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. Introduced: _________________, 2018 Adopted: ___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 603 of 945 For City Council meeting of December 10, 2018 Item A25 Ordinance 150-O-18, Increasing Fire Department Transport Fees For Action To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Brian Scott, Fire Chief Hitesh Desai, Chief Financial Officer Subject: Ordinance 150-O-18 Amending Section 9-2-3 (B) of the Evanston City Code, Increasing Fire Department Transport Fees Date: November 5, 2018 Recommended Action: City staff requests City Council adoption of Ordinance 150-O-18 amending Section 9-2- 3 of the Evanston City Code, increasing the ambulance transport fees. Ordinance 150- O-18 was Introduced at the November 12, 2018 Administration & Public Works Committee and City Council, but was requested to return to the Committee for further discussion and final Action. Livability Benefits: Innovation and Process: Support local government best practices and processes Summary: The City of Evanston staff, while analyzing rates to be more competitive in the market, and trying to generate revenues by closing the gap between cost of providing for the ambulance service and fees charged, proposes ambulance fee increase. Per the proposed increase, there will be one fee of $1,500 irrespective of the type of call unlike the current structure with varying fee amount. This fee increase will not adversely affect city residents for their out of pocket expenses. The City Council passed the previous amendment to the ordinance on August 31, 2015. Memorandum 604 of 945 Proposed Rate Analysis Average Increase Charge Amount Total Calls Gross Charges Average Collection Percentage Potential Rev RESIDENTS Insurance 879.33$ 651 572,443.83$ 80% 457,955.06$ Patient 879.33$ 504 443,182.32$ 0%-$ Total 457,955.06$ NON RESIDENTS Insurance 716.67$ 294 210,700.98$ 73% 153,811.72$ Patient 716.67$ 238 170,567.46$ 5% 8,528.37$ Total 162,340.09$ Estimated Additional Revenue 620,295.15$ Less prior payments from residents (90,383.24)$ Net estimated additional revenue 529,911.91$ Rates RESIDENTS Current Proposed Fee Increase ALS 579.00$ 1,500.00 921.00 ALS2 771.00$ 1,500.00 729.00 BLS 512.00$ 1,500.00 988.00 Average Increase 879.33 NON RESIDENTS ALS 750.00$ 1,500.00 750.00 ALS2 900.00$ 1,500.00 600.00 BLS 700.00$ 1,500.00 800.00 Average Increase 716.67 Attachments : Ordinance 150-O-18 605 of 945 11/7/2018 150-O-18 AN ORDINANCE Amending Section 9-2-3 (B) of the Evanston City Code Increasing Fire Department Transport Fees BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section 9-2-3(B) of the Evanston City Code, adopted 2012, as amended, be and hereby is further amended as follows: 9-2-3: FEES CHARGED; USE OF EQUIPMENT. (B) Both Nonresidents and Residents of the City of Evanston who have been provided emergency ambulance transport service by the City shall be required to pay a fee to the City, for each incident. All persons requiring transport to a hospital by the Evanston Fire Department (or its designees) and related services hereafter defined, shall be charged, per person, as follows: City Resident Non-City Resident BLS Transport $512.00 1,500 $700.00 ALS Transport $579.00 1,500 $750.00 ALS2 Transport $771.00 1,500 $900.00 Mileage $10.00 $10.00 Definitions: BLS Transport: Transportation that requires Basic Life Support Service. ALS Transport: Transportation that requires Advanced Life Support Service. ALS2 Transport: Transportation that requires more extensive/invasive Advanced Life Support Services. Mileage: Charge per mile of transport in ambulance. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity 606 of 945 150-O-18 ~2~ shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: This Ordinance 150-O-18 shall be in full force and effect on January 1, 2019, after its passage, approval, and publication in the manner provided by law. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced: _________________, 2018 Adopted: ___________________, 201 8 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 607 of 945 For City Council meeting of December 10, 2018 Item A26 Ordinance 132-O-18: Increasing Class D Liquor License 817 University LLC For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Mario Treto, Jr., Deputy City Attorney Subject: Ordinance 132-O-18, Increasing the Number of Class D Liquor Licenses for 817 University LLC, d/b/a Tuko Cantina, 817 University Place Date: November 5, 2018 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 131-O-18, amending Evanston City Code Subsection 3-4-6 (D) to increase the number of Class D Liquor Licenses from fifty-one (51) to fifty-two (52) and permit issuance of a Class D license to 817 University LLC, d/b/a Tuko Cantina, 817 University Place. Ordinance 131-O-18 was approved for Introduction at the November 12, 2018 City Council meeting. Livability Benefits: Economy & Jobs: Retain and expand local businesses. Summary: Ordinance 132-O-18 will permit 817 University LLC, d/b/a Tuko Cantina, (“Company”) to retail sales of alcoholic liquor only to persons of at least twenty-one (21) years of age for consumption at a restaurant when offered a complete meal. Company representative Zafer Genc submitted application materials. Legislative History: At the October 31, 2018 Liquor Control Review Board meeting, Company requested consideration of application for Class D Liquor License. Alternatives: N/A ------------------------------------------------------------------------------------- Attachments: Ordinance 132-O-18 Application Minutes of the October 31, 2018 Liquor Control Review Board meeting Memorandum 608 of 945 11/12/2018 132-O-18 AN ORDINANCE Amending City Code Section 3-4-6-(D) to Increase the Number of Class D Liquor Licenses from Fifty-One to Fifty-Two (817 University, LLC, d/b/a Tuko Cantina, 817 University Place) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class D of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: D Restaurant Liquor None $2,800 $2,800 5251 None 11 a.m. — 1 a.m. (Mon- Thurs); 11 a.m. — 2 a.m. (Fri-Sat); 10 a.m. — 1 a.m. (Sun) SECTION 2: Subsection 3-4-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class D liquor licenses from fifty-one (51) to fifty-two (52) to read as follows: (D) CLASS D licenses, which shall authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant", as defined in 3- 4-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding Class D licenses only during the period when their patrons are offered a complete meal. Each Class D license shall be issued subject to the following conditions: 1. The sale of alcoholic liquor shall be limited to the hours of 11:00 a.m. until 1:00 a.m. Monday through Thursday; 11:00 a.m. until 2:00 a.m. Friday through Saturday; 10:00 a.m. until 1:00 a.m. on Sunday. The applicant for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. 609 of 945 132-O-18 ~2~ The annual single-payment fee for initial issuance or renewal of such license shall be two thousand eight hundred dollars ($2,800.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be two thousand nine hundred forty dollars ($2,940.00). No more than fifty-two (52)fifty-one (51) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2018 Adopted: ___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor 610 of 945 132-O-18 ~3~ Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 611 of 945 612 of 945 613 of 945 614 of 945 615 of 945 616 of 945 617 of 945 618 of 945 619 of 945 620 of 945 621 of 945 622 of 945 623 of 945 624 of 945 625 of 945 626 of 945 627 of 945 628 of 945 629 of 945 630 of 945 631 of 945 632 of 945 633 of 945 634 of 945 635 of 945 636 of 945 637 of 945 638 of 945 639 of 945 640 of 945 641 of 945 642 of 945 643 of 945 644 of 945 645 of 945 646 of 945 647 of 945 648 of 945 649 of 945 650 of 945 651 of 945 652 of 945 653 of 945 654 of 945 655 of 945 656 of 945 657 of 945 658 of 945 659 of 945 660 of 945 661 of 945 662 of 945 663 of 945 664 of 945 665 of 945 FINAL Page 1 of 3 MINUTES Liquor Control Board Wednesday, October 31, 2018 11:00 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Mayor Stephen H. Hagerty (Local Liquor Control Commissioner); Marion Macbeth; Dick Peach Members Absent: None Staff Present: Mario Treto, Jr. Others Present: Lorraine Dostal & Farrel Wilson (Theo Ubique); Zafer Genc (Tuko Cantina); Diane Petersmarck & Unnamed Resident (City of Evanston Resident); Rajeesh Patel (Evanston 1st Liquors) Presiding Member: Local Liquor Control Commissioner Stephen H. Hagerty/Mayor CALL TO ORDER The Local Liquor Control Commissioner Stephen Hagerty called the meeting to order at 11:00 a.m. NEW BUSINESS Theo Ubique Cabaret Theatre, 721 Howard Street Lorraine Dostal requested consideration of a Class U (Theatre) liquor license. Dostal explained that Theo Ubique is a cabaret dinner theater planning to offer the option to purchase dinner tickets in addition to theatre tickets. Dinners will be provided by a catering service and the theatre will house a catering kitchen. The theatre is negotiating with an Evanston restaurant for catering services. They have 3 shows with around 120 performance dates scheduled for the first year on Thursday, Friday, Saturday and Sunday, and have added a few matinee shows for group sales. They would like to be able to serve during the matinee shows as well. They understand the One Day requirement for special events fundraisers and private party rentals. Mayor Hagerty raised the previous meeting in which the Class U liquor license was amended and Dostal provided the Local Liquor Control Board with updates regarding the theatre’s application. 666 of 945 FINAL Page 2 of 3 Marion Macbeth asked about the alcohol service hours on the application. Ms. Dostal and Ms. Wilson explained that shows typically run about two and a half hours, and usually end around 10:15 p.m. – 10:30 p.m., no later than 11:30 p.m. Ms. Dostal discussed wanting flexibility to add shows and extend hours. Mayor Haggerty and Attorney Treto determined that Class U license classifications includes language that only restricts time before, during and, after a show that alcohol may be served but does not have a set time that alcohol service must end by. The Theo Ubique would be permitted to serve alcohol two (2) hours before and after each show, and during intermission regardless of which day of the week or the time of day. Dick Peach clarified that one of the members who is BASSET trained will have to be present at the establishment. Ms. Wilson stated that she and the theatre manager intend to be present. Ms. Wilson indicated that she is an Evanston resident and will ensure that actors will be asked if they are BASSET trained during their audition application. People who serve will BASSET trained. Mayor Hagerty emphasized his zero tolerance policy for underage drinking. The Local Liquor Control Commissioner asked the members if there were any further questions or concerns over the request. No further questions from Members. Attorney Treto advised of the separate requirements for warming stations and serving of food. No additional public comment. The Board recommended approval of the liquor license to be introduced at the City Council meeting on November 12, 2018. Tuko Cantina, 817 University Place Zafer Genc requested consideration of a Class D (Restaurant) license. He has been doing business in Chicago for the last 18 years and has several liquor licenses in the city of Chicago. He currently has a restaurant, Rhyme or Reason, in Wicker Park. He came to the 817 University Place building through his research and found that it previously had a restaurant. He was later notified of concerns raised by neighboring residents and has worked to address them. Mayor Hagerty indicated that he hasn’t heard complaints about the service of liquor, but moreso about noise control. Mr. Genc responded by indicating that he is setting his hours of operation the same as other nearby restaurants. Mr. Genc indicated that Tuko Canita is a Mexican style restaurant with a smaller menu including tacos, tortas and margaritas. His chef in Wicker Park is assisting him with the menu. He is willing to close earlier to satisfy neighbors. Mayor Hagerty opened the discussion up to public comment. Diane Petersmarck stated that she is welcoming of a restaurant as long as it is willing to be flexible on hours and expressed gratitude towards Mr. Genc’s agreement not to put seating in the parkway. Mr. Genc indicated that he plans to have televisions for sporting events nad would like to extend hours from 11 p.m. to 12 a.m. to accommodate games. Ms. Petersmarck and Mr. Genc discuss sound control and locations for television. Another resident continued to discuss outdoor seating and noise concerns from her perspective. 667 of 945 FINAL Page 3 of 3 Attorney Treto agreed to draft a memorandum of understanding memorializing in writing the agreed upon hours of operation (notating Sunday through Saturday hours to terminate at midnight), HVAC replacement, and noise control with regard to seating and television speakers. The Liquor Control Commissioner asked the members if there were any further questions or concerns over the request. None were voiced. The board recommended liquor license issuance to be introduced at the City Council meeting on November 12, 2018. Evanston 1st Liquors Rajeesh Patel The mayor directed staff to work with the owners of Evanston 1 st Liquors with regards to their request to amend their liquor license to allow the sale of different alcoholic containers in comparison to other liquor license classes. Staff will put this item for consideration on its next agenda. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Stephen H. Hagerty, Mayor at 11:35 a.m. October 31, 2018. Respectfully Submitted, Mario Treto, Jr. Deputy City Attorney, Law Department 668 of 945 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, December 10, 2018 7:00 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston James C. Lytle Council Chambers AGENDA I. CALL TO ORDER/DECLARATION OF QUORUM: ALDERMAN WILSON, CHAIR II. APPROVAL OF REGULAR MEETING MINUTES OF NOVEMBER 12, 2018 III. ITEMS FOR CONSIDERATION (P1) Vacation Rental License for 1516 Crain Street City staff recommends approval of a Vacation Rental License for the property located at 1516 Crain Street. The Vacation Rental meets all of the Standards and Procedures for license approval. For Action (P2) Ordinance 158-O-18, Extending the Time for Applicant to Obtain a Building Permit to Construct the Planned Development at 1815 Oak Avenue Staff recommends adoption of Ordinance 158-O-18 to extend the time for commencement of construction of the Planned Development at 1815 Oak Avenue, originally approved on July 25, 2016. The Ordinance would grant a one- year extension for building permit issuance to December 10, 2019. Alderman Braithwaite requests suspension of the rules for Introduction and Action at the December 10, 2018 City Council meeting. For Introduction and Action (P3) Ordinance 139-O-18, Granting Major Variations at 1943 Sherman Avenue in the R5 General Residential Zoning District The Zoning Board of Appeals recommends denial and staff recommends approval of Ordinance 139-O-18 authorizing major variations for a 22’ rear yard setback where 22.5’ is required for a three-story stair, and an increase of zero additional parking spaces where 3 additional parking spaces are required for the conversion of a single family residence to a 3-unit multiple family residence in the R5 General Residential District. For Introduction 669 of 945 Planning & Development Committee Meeting Agenda December 10, 2018 (P4) Ordinance 160-O-18, Granting Landmark Status to the Building and Lot of Record at 1225 Asbury Avenue The Preservation Commission and City staff recommend approval of Ordinance 160-O-18 Designating 1225 Asbury Avenue (building and lot) as an Evanston Landmark. For Introduction (P5) Ordinance 112-O-18 Granting Major Zoning Relief for Building Lot Coverage, Setbacks, and Open Parking at 2626 Reese Avenue City staff recommends adoption and the Zoning Board of Appeals recommends denial of Ordinance 112-O-18 for major zoning relief in the R1 Single Family Residential District. This item was held in committee at the November 12, 2018 Planning and Development Committee meeting. Since the meeting the applicant has met with staff and expressed that he would submit multiple revised options to construct a single family dwelling on the lot. The applicant intends to invite neighbors to a meeting with staff where the neighbors could offer input about the revised options prior to returning to the Planning and Development Committee in January. Therefore, staff recommends that the Planning and Development Committee table this item until January 14, 2019. For Introduction IV. ITEMS FOR DISCUSSION (PD1) Requiring Owner Occupancy When Single Family Homes With Accessory Dwelling Units/Coach Houses Involve Rental to Non-Family Members At the request of Alderman Eleanor Revelle, staff prepared the following background information to inform a discussion relating to owner-occupancy requirements as a condition of allowing rental of accessory dwelling units (ADUs)/coach houses to non-family members of the primary dwelling unit. Staff seeks further direction from the Planning & Development Committee relating to the addition of any potential regulations to address this discussion item at future meetings. For Discussion V. COMMUNICATIONS VI. ADJOURNMENT 670 of 945 Planning & Development Committee Meeting Minutes of November 12, 2018 7:00 p.m. James C. Lytle Council Chambers - Lorraine H. Morton Civic Center MEMBERS PRESENT: J. Fiske, T. Suffredin, A. Rainey, M. Wynne, E. Revelle, R. Rue Simmons, D. Wilson STAFF PRESENT: M. Masoncup, S. Flax, J. Leonard OTHERS PRESENT: PRESIDING OFFICIAL: Ald. Wilson I. CALL TO ORDER/DECLARATION OF QUORUM: ALDERMAN WILSON, CHAIR A quorum being present, Ald. Wilson called the meeting to order at 7:12 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF OCTOBER 8, 2018 Ald. Fiske moved to approve the minutes of the October 8, 2018 meeting, seconded by Ald. Rue Simmons. The committee voted unanimously 7-0, to approve the October 8, 2018 minutes. III. ITEMS FOR CONSIDERATION (P1) Vacation Rental License for 1918 Jackson Avenue Staff recommends approval of a Vacation Rental License for the property located at 1918 Jackson Avenue. The Vacation Rental meets all of the Standards and Procedures for license approval. This item was held at the October 8 meeting until the next Planning & Development meeting. For Action Ald. Rue Simmons noted additional information has been provided since the previous meeting. Ald. Fiske confirmed that the unit was not owner occupied. Ald. Wilson moved approval, seconded by Ald. Rue Simmons. The Committee voted 6-1 to approve this item. (P2) Vacation Rental License for 1005 Dewey Avenue 671 of 945 City staff recommends approval of a Vacation Rental License for the property located at 1005 Dewey Ave. The Vacation Rental meets all of the Standards and Procedures for license approval. For Action Ald. Revelle moved approval of the item, seconded by Ald. Rue Simmons. The Committee voted 7-0 to approve this item. (P3) Resolution 99-R-18, Authorizing the City Manager to Purchase Two Vacant Lots Located at 2122 Darrow Avenue and 2113 Dewey Avenue Staff recommends approval of Resolution 99-R-18 authorizing the City Manager to purchase two vacant lots located at 2122 Darrow Avenue and 2113 Dewey Avenue in Evanston, Illinois for the sum of two dollars ($2.00). 2122 Darrow Avenue and 2113 Dewey Avenue are vacant land acquired as foreclosed housing with Neighborhood Stabilization Program 2 (NSP2) funds. The properties are being transferred to the City so the City may close out its NSP2 grant with Housing and Urban Development by December 31, 2018. For Action Ald. Rue Simmons moved to approval of this item, seconded by Ald. Wynne. The Committee voted 7-0 to approve this item. (P4) Ordinance 112-O-18, Granting Major Zoning Relief for Building Lot Coverage, Setbacks, and Open Parking at 2626 Reese Avenue City staff recommends adoption and the Zoning Board of Appeals recommends denial of Ordinance 112-O-18 for major zoning relief for 42.5% building lot coverage where a maximum 30% is allowed, a 3’ south interior side yard setback where 5’ is required for the principal structure, a 3.5’ street side yard setback where 15’ is required for the principal structure, an 8.5’ street side yard setback where 15’ is required for a deck, a 10’ street side yard setback where 15’ is required for a detached garage, and a 1’ street side yard setback where 15’ is required for open parking, in the R1 Single Family Residential District. The Zoning Board of Appeals determined the proposal does not meet all Standards for Major Variation, specifically that the proposal would result in a substantial adverse impact on the use, enjoyment or property values of adjoining properties, and that the requested variations are not the least deviation from the applicable regulations among the feasible options identified. For Introduction Ald. Wilson moved to introduce Ordinance 112-O-18, seconded by Ald. Rue Simmons. Joseph Paradi, 2907 Hartzell, spoke in opposition noting the Zoning Board of Appeals recommendation for denial. 672 of 945 Nancy Crane, 2821 Hartzell, spoke in opposition. George and Liza Kirkpatrich, 2904 Hartzell, spoke in opposition, agreeing with Mr. Paradi. Jeff Clark, spoke in opposition, noting that the applicant could build by purchasing adjacent lot, receive a variance, or by change the rules. Dick Horsting, 2624 Reese, spoke in opposition, noting the history of the property and reasons for disapproval including impact on his abutting property. Sue Carlson, stated that her property has been affected by a previous impervious surface variation at another location. Mark Newman, could build similar to corner houses across the street. Kathy Miller, 2031 Hartzell, spoke in opposition because of water runoff issues and proposed setbacks. Bill Seyle, spoke in opposition, noting the previous submittals were not reasonable and were rejected. Robert Ryan, 2831 Hartzell, spoke in opposition, believes the hardships are self-imposed because the lot size was known at time of purchase. Colleen Barkley, agrees with previous statements and added that heritage trees would be impacted and expressed concerns about downspout locations. In response to a question from Ald. Wynne, Scott Mangum, Planning and Zoning Administrator, noted that the zoning of the lot allows a single family residence and that the lot was legally created like many in the City that pre- date zoning requirements. Bill James, applicant, built 22 homes in Evanston. Was contacted by the real estate broker of previous owner to purchase. Staff represented that is was buildable with variations and believes ZBA sided with neighbors instead of technical standards. Following the previous proposal that was rejected, revisions were made based on comments at first ZBA meeting including reducing to 1.5 story house. At the second meeting, the ZBA didn’t give direction on how to revise. Some neighbors are in support of building on lot and decisions should not be made based on neighbor sentiment. Believes more definitive guidance could be given by staff. 673 of 945 Ald. Suffredin, stated that he understands the applicant’s situation but believes he is seeking too big of house on too small of lot and urged the Committee to vote no. In response to Ald. Suffredin, Johanna Leonard, Community Development Director, explained the DAPR process. Mr. James stated that he would be willing to make reasonable changes. In response to Ald. Fiske, Matt Rodgers, zoning consultant, stated that there has been no house on the lot since at least 1960, but was not certain when it was subdivided. Mr. Horsting, provided additional history of the property, with the original 1925 plat showing 3 lots. Ald. Fiske, noting a number of 25’-wide lots in Northwest Evanston, stated that this could be good lot for small house, but had concerns with depth of basement. Suggested holding in committee, and interested in a list of other 25’-wide lots built in Northwest Evanston. Mr. James stated that he would work with the Building Division on basement issues. Ald. Wilson, noted this application was an alternate to the trend of combining lots for larger houses. The home would be smaller 2-bedroom home. Expressed concern with how neighbors opposition tactics affect a potential new neighbor. Ald. Revelle, agrees with many of Ald. Fiske’s comments. This is challenging because of lot width and the corner lot. Could look at broader conversation of smaller lots, but believes this proposal is too much for this lot. Ald. Rainey, noted that if trees are main concern, nothing could be built on lot and inquired whether neighbors couldn’t purchase lot. Explained that she has known applicant as a developer and planner for around 30 years. In response to Ald. Rainey, Ms. Leonard noted that some of the DAPR comments dealt with shoring but not stormwater runoff. Ald. Wilson, stated that if there is interest in productive conversation, the item could be held in Committee. Ald. Fiske, believes this is an opportunity to look at a small, affordable house and suggested to meet with neighbors and the Ald. 674 of 945 Ald. Fiske moved to hold until next meeting, seconded by Ald. Rue Simmons. The item was held until the next Planning and Development Committee meeting. (P5) Ordinance 144-O-18 Granting a Special Use for a Type 2 Restaurant and Drive-Through Facility, McDonald’s Restaurant, at 1919 Dempster St. The Zoning Board of Appeals and City Staff recommend adoption of Ordinance 144-O-18 granting special use approval for a Type 2 Restaurant and a dual lane Drive-Through Facility for McDonald’s Restaurant in the C2 District. The applicant has complied with all zoning requirements, and meets all of the standards of a special use for this district. For Introduction Ald. Wilson noted that Ald. Braithwaite requests suspension of rules. Ald. Wilson moved to introduce Ordinance 144-O-18 and to suspend the rules, seconded by Ald. Rue Simmons. The Committee voted 7-0 to introduce Ordinance 144-O-18 and suspend the rules. (P6) Ordinance 147-O-18, Major Adjustment to a Planned Development at 1571 Maple Avenue Plan Commission and Staff recommend adoption of Ordinance 147-O-18 for approval of a Major Adjustment to a Planned Development at 1571 Maple Avenue in order to modify the parking lease condition of approval (Z) from 101 parking spaces to 70 parking spaces available within either the Maple Avenue or Sherman Avenue garages, as well as to modify the on-site affordable housing condition of approval (Q) to provide one (1) one-bedroom on-site affordable housing unit to households with incomes at or below fifty percent (50%) of Area Median Income (AMI) instead of two (2) housing units affordable to households at or below 100% AMI. The period of affordability of the unit would remain at 10 years from first rent up. For Introduction Ald. Wilson noted that the project predates the Inclusionary Housing Ordinance and that he would request suspension of the rules. Ald. Fiske stated she is not in favor of using Sherman Plaza for parking and requested staff speak about affordable housing proposal. In response to a question from Ald. Fiske, Sarah Flax, Housing and Grants Administrator stated that staff is in favor of providing one affordable housing unit at 50% of AMI. Ald. Rainey noted opportunities of fee-in-lieu to provide housing for families in other areas of City instead of providing an onsite unit in downtown. 675 of 945 Ald. Wilson moved to introduce Ordinance 147-O-18 and to suspend the rules, seconded by Ald. Rainey. The Committee voted 7-0 to introduce Ordinance 147-O-18 and to suspend the rules. IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT Ald. Fiske moved to adjourn, seconded by Ald. Wynne. The meeting adjourned at 8:34 p.m. Respectfully submitted, Scott Mangum Planning and Zoning Administrator 676 of 945 For City Council meeting of December 10, 2018 Item P1 Business of the City by Motion - Vacation Rental License, 1516 Crain St. For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Evonda Thomas-Smith, Health Department Director Ellyn Golden, Environmental Health Licensing Coordinator Meagan Jones, Neighborhood and Land Use Planner Subject: Vacation Rental License for 1516 Crain St. Date: November 29, 2018 Recommended Action: City staff recommends approval of a Vacation Rental License for the property located at 1516 Crain Street. The Vacation Rental meets all of the Standards and Procedures for license approval. Livability Benefits: Built Environment: Support housing affordability Economy & Jobs: Retain and expand local businesses Summary: 1516 Crain St. is located on the south side of Crain St. at the intersection of Crain St. and Ashland Ave. in the R3 Two-Family Residential District. The property features a single family home and detached garage. The property is owned by Douglas and Ronald Whitmore and the proposed vacation rental will be operated by Douglas Whitmore. The property meets the Standards and Procedures as required by Ordinance 50-O-13: The proposed Vacation Rental will not cause a negative cumulative effect when its effect is considered in conjunction with the effect of other Vacation Rentals in the immediate neighborhood. There is one recently approved Vacation Rental within 1,000 ft. of the property at 1005 Dewey Ave., however, no other licensed Vacation Rentals are within the immediate area, and no negative cumulative effect is anticipated. The Vacation Rental will not have a substantial adverse impact on the use, enjoyment, or property values of adjoining properties. The property in question is adjacent to similar single family residence and multiple family residences. According to the Memorandum 677 of 945 Page 2 of 2 applicant all property owners within 250’ of the subject property have been notified of the proposed Vacation Rental. Staff is not aware of opposition to the proposal. The proposed Vacation Rental will comply with all the rules and regulations contained herein. The applicant has complied with all applicable rules and regulations, including notification to all property owners within 250’ of the subject property. The proposed Vacation Rental is not likely to have an adverse effect upon the public health, welfare, or safety. The subject property does not feature any open zoning or property standards violations. City staff is not aware of any nuisance issues specific to the site that could become concerns if the property operates as a Vacation Rental. There is sufficient parking for the Vacation Rental, with a detached garage on the property and some on-street parking available in the area. Additionally, the Health and Human Services Department requires an inspection of life safety issues prior to issuing a license. Attachments: Vacation Rental License Application – submitted November 16, 2018 Notice to Neighbors Mailing Notification List Aerial View of Property Vacation Rental Ordinance 50-O-13 Vacation Rental Ordinance 137-O-18 (approved November 19, 2018) 678 of 945 679 of 945 680 of 945 681 of 945 10242050200000 JOHN O GILBERT 1833 LAUREL ST EVANSTON IL 60201 10242120231002 BESSEMER TR CAHUE 70 W MADISON ST #4900 CHICAGO IL 60602 10242050070000 EVELYN A JAMES & K THO 1145 FLORENCE AV EVANSTON IL 60202 10242110210000 URBAN LIFESTYLE HOMES 1617 FLORENCE AVE EVANSTON IL 60201 10242110160000 CURRENT OWNER 1109 FLORENCE AVE EVANSTON IL 60202 10242110100000 ADAR COHEN 1117 FLORENCE EVANSTON IL 60202 10242050130000 ERIC JUDICE 235 FORESTVIEW DR ELGIN IL 60120 10242110200000 DANIELLE DICKERSON 1519 GREENLEAF ST EVANSTON IL 60202 10242050160000 STEFANIE I ENGSTROM 1531 CRAIN ST EVANSTON IL 60202 10242110110000 H & D GERMANN 1115 FLORENCE AVE EVANSTON IL 60202 10242110090000 DAVID BOND 1500 CRAIN ST EVANSTON IL 60202 10242060070000 DAVID E REED 1151 ASHLAND AV EVANSTON IL 60202 10242110020000 STEPHEN ARMSTRONG 1029 ASHLAND AVE EVANSTON IL 60202 10242110240000 SANDRA K AKBARI 1505 GREENLEAF EVANSTON IL 60202 10242110230000 M BANDY & R SOLOMON 1507 W GREENLEAF EVANSTON IL 60202 10242110060000 JEFFREY J HILL 1518 CRAIN ST EVANSTON IL 60202 10242110010000 ADLER PROP LLC 814 MONROE EVANSTON IL 60202 10242110050000 EDUARDO ALBERTO BURGOS 1522 CRAIN ST EVANSTON IL 60202 10242120110000 N GOOD & JULIE COWAN 1121 ASHLAND AV EVANSTON IL 60202 10242110080000 GARY H MICHAELS 1512 CRAIN ST EVANSTON IL 60202 10242120231001 JAMES BERKOFF 1109 ASHLAND AV EVANSTON IL 60202 10242050190000 MARY KAY KRAWCZYK 1142 ASHLAND AVE EVANSTON IL 60202 10242060110000 TIMOTHY A ESTBERG 1513 CRAIN ST EVANSTON IL 60202 10242110130000 STEPHEN K LEITH 1116 ASHLAND AVE EVANSTON IL 60202 10242110170000 SAMUEL MCKINLEY JR 3645 DAVIS SKOKIE IL 60076 10242050120000 ERIC PAYNE 1146 ASHLAND EVANSTON IL 60202 10242060090000 KATHRYN A SZARNYCH 1141 ASHLAND AV EVANSTON IL 60202 10242050060000 SARAH JANE ROOD 1147 FLORENCE AV EVANSTON IL 60202 10242110190000 MARCUS W CASADY 1521 GREENLEAF ST EVANSTON IL 60202 10242110180000 STEPHEN ARMSTRONG 1029 ASHLAND AVENUE EVANSTON IL 60202 10242110040000 LAWRENCE A KULMAN JR 1524 CRAIN ST -2 EVANSTON IL 60202 10242050110000 LAWRENCE P KAPLAN 1148 ASHLAND AV EVANSTON IL 60202 10242110150000 CHARLES FRIEDLANDER 1114 ASHLAND AV EVANSTON IL 60202 10242110120000 LAURA & DEB CUNDIFF 1109 FLORENCE EVANSTON IL 60202 10242060130000 J & S REARDON 1503 CRAIN ST EVANSTON IL 60202 10242060270000 EXEMPT - ST JOHNS UN CH-CHRIS 1102 WESLEY AV EVANSTON IL 60202 10242060120000 JOHN M SZARNYCH 1505 CRAIN ST EVANSTON IL 60202 10242110070000 JOHN O WHITMORE 1516 CRAIN ST EVANSTON IL 60202 10242120010000 J & N GAMAL 1434 CRAIN ST EVANSTON IL 60202 10242120130000 BRIAN J MULLEN 1113 ASHLAND AV EVANSTON IL 60202 10242050170000 DEUTSCH & THOMPSON 1527 CRAIN ST EVANSTON IL 60202 10242060260000 ST JOHNS UN CH CHRIST 1136 WESLEY AV EVANSTON IL 60202 10242050140000 EDUARDO CANCHOLA 1143 FLORENCE AVE EVANSTON IL 60202 10242060100000 TIMOTHY A ESTBERG 1513 CRAIN ST EVANSTON IL 60202 10242060080000 JANICE GAFFIN LOVELL 1147 ASHLAND AV EVANSTON IL 60202 10242110250000 KEVIN BOYER 1501 GREENLEAF ST EVANSTON IL 60202 10242120020000 CLAUDIA GARRISON 1430 CRAIN EVANSTON IL 60202 682 of 945 10242110030000 MICHAEL ROARK 1526 CRAIN ST EVANSTON IL 60202 10242050180000 JEFF & BETSY LUPETIN 1523 CRAIN ST EVANSTON IL 60202 10242110220000 SKOWRON DANUTA 1673 CENTRAL AV NORTHBROOK IL 60062 10242050150000 JASON SCHWARTZWALD PO BOX 10691 CHICAGO IL 60610 10242120120000 HERBERT LANGSTON 1117 ASHLAND AV EVANSTON IL 60202 CITY OF EVANSTON - ELLYN GOLDEN 2100 RIDGE AVE EVANSTON IL 60201 683 of 945 Aerial Map - 1516 Crain St. City of Evanston IL, Imagery courtesy Cook County GIS drawGraphics_poly User drawn polygons Tax Parcels November 28, 2018 0 0.015 0.030.0075 mi 0 0.025 0.050.0125 km 1:1,000 This map is not a plat of survey. This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information.Copyright 2018 City of Evanston684 of 945 Page 1 CHAPTER 9 - VACATION RENTALS SECTION: 5-9-1. - PURPOSE. The purpose of this Chapter is to promote the public health, safety, and welfare by licensing the operation of vacation rentals within the City of Evanston. (Ord. No. 50-O-13, § 2, 6-10-2013) 5-9-2. - DEFINITIONS. For the purposes of administering this Chapter, the following definition(s) shall apply: VACATION RENTAL: A dwelling unit or portion thereof offered for rent for a period shorter than thirty (30) consecutive days to any person other than a member of the owner's family, as those terms are defined in Section 6-18-3 of this Code. The term "vacation rental" shall not include hotels or motels, licensed pursuant to Title 3, Chapter 2 of this Code, lodging establishments, licensed pursuant to Title 5, Chapter 2 of this Code, bed and breakfast establishments, licensed pursuant to Title 8, Chapter 19 of this Code, and/or home sharing in accord with Subsection 6-4-1-14-(B) of this Code. (Ord. No. 50-O-13, § 2, 6-10-2013) 5-9-3. - LICENSE REQUIRED; LICENSE TERM; EXEMPTIONS. (A) It shall be unlawful to operate a vacation rental within the City of Evanston without a current, valid license issued pursuant to the terms of this Chapter. (B) Each license issued pursuant to this Chapter shall be valid for one (1) year, subject to renewal per Section 4 of this Chapter. (C) Subsection (A) of this Section notwithstanding, no license shall be required to operate a vacation rental for no more than one (1) rental period per dwelling unit per twelve-month period for: 1. Any dwelling unit; 2. A rental agreement executed pursuant to or in conjunction with a contract to sell the dwelling unit containing the vacation rental; 3. Vacation rental guest(s) who is/are displaced from his/her/their own dwelling unit so that it may be renovated and/or repaired; 4. An operator who will suffer demonstrable hardship. (Ord. No. 50-O-13, § 2, 6-10-2013) 685 of 945 Page 2 5-9-4. - APPLICATION; NOTICE; STANDARDS AND PROCEDURES; RENEWAL; FEES. (A) Applications. A property owner who seeks a vacation rental license pursuant to this Chapter shall submit a written application that contains all information required for a registration statement pursuant to Chapter 8 of this Title. (B) Notice. Each application shall be accompanied by proof the applicant mailed notice thereof to all owners, whose addresses appear on the current tax assessment list, of real property located within a radius of two hundred fifty feet (250') of the subject property, inclusive of public streets, alleys and other public ways. The notice shall contain the applicant's name, the address of the subject property, the matter under consideration, and the date, time, and location of the relevant meeting of the Planning and Development Committee. (C) Standards and Procedures for License Approval. The Planning and Development Committee will review all applications for vacation rentals and will report to the City Council upon each application with respect to the standards set forth below. The City Council after receiving said report, may refer the application back to that body for additional review, or, by motion, may approve, approve with conditions, or disapprove, an application for a vacation rental license, upon findings of fact with respect to each of the standards set forth below: 1. The proposed vacation rental will not cause a negative cumulative effect when its effect is considered in conjunction with the effect of other vacation rentals in the immediate neighborhood. 2. The vacation rental will not have a substantial adverse impact on the use, enjoyment, or property values of adjoining properties. 3. The proposed vacation rental will comply with all the rules and regulations contained herein. 4. The proposed vacation rental is not likely to have an adverse effect upon the public health, welfare, or safety. Regardless of its finding on any or all of the foregoing standards, the City Council may deny a vacation rental license upon a finding that such denial is in the public interest. (D) Renewal. If a vacation rental license was issued for the prior year, the approval for a renewal license shall be obtained from the City Manager or his/her designee, provided the previously-issued license was not revoked or suspended, and the vacation rental did not receive citation(s) from any City Inspector or Police Officer during said prior calendar year. Every renewal application shall satisfy all requirements set forth in Section 4 of this Chapter. (E) License Fee. The annual fee for a license issued pursuant to this Chapter shall be fifty dollars ($50.00). (Ord. No. 50-O-13, § 2, 6-10-2013) 5-9-5. - REQUIREMENTS AND STANDARDS. (A) No vacation rental operator shall: 1. Rent or lease any vacation rental for any period of time shorter than twenty-four (24) consecutive hours; 2. Rent or lease any vacation rental more than once within any consecutive twenty-four-hour period measured from the commencement of one rental to the commencement of the next; 3. Advertise an hourly rate or any other rate for a vacation rental based on a rental period of fewer than twenty-four (24) consecutive hours; and/or 4. Serve or otherwise provide any food or beverage to any guest. 686 of 945 Page 3 5. Cause or permit, by action or failure to act, the vacation rental or its use to suffer from and/or create any violation of the following portions of the City Code: Title 4, "Building Regulations"; Title 5, "Housing Regulations"; Title 6, "Zoning"; Title 8, "Health and Sanitation"; or Title 9, "Public Safety." (B) Every vacation rental shall be subject to inspection by staff members of the City's Fire, Health, and Community and Economic Development Departments. (C) Every vacation rental operator shall keep a register in which shall be entered the name of every guest and his/her arrival and departure dates. The operator shall make said register freely accessible to any officer of the City's Police, Fire, Health, and/or Community and Economic Development Departments. (D) Every vacation rental operator shall post, in a conspicuous place within the vacation rental, the name and telephone number of the operator's authorized agent identified pursuant to Code Section 5-8- 3(A)2. (E) Any kitchen in a vacation rental shall be cleaned and sanitized between guests and all food and beverages shall be discarded. All dishes, utensils, pots, pans and other cooking utensils shall be cleaned and sanitized between guests. (F) The operator of every vacation rental shall change supplied bed linens and towels therein at least once each week, and prior to the letting of any room to any new guest. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner. (Ord. No. 50-O-13, § 2, 6-10-2013) 5-9-6. - PENALTY. (A) Any owner, tenant or other person who shall be found to have violated any of the provisions of this Chapter shall be guilty of an offense punishable as follows: 1. The fine for a first violation is two hundred dollars ($200.00). 2. The fine for a second violation is five hundred dollars ($500.00). 3. The fine for a third or subsequent violation is seven hundred fifty dollars ($750.00). (B) Each day a provision of this Chapter is found to have been violated constitutes a separate violation subject to the fine schedule set forth in this Section. (C) Any fines shall be debts due and owing to the City that the City may collect by any means allowed by law, including, but not limited to, filing a lien against the vacation rental or the premises containing the vacation rental. (D) The fines provided for herein shall not be construed as limiting the power of a court of competent jurisdiction or an administrative hearing officer to impose other penalties and/or remedies as provided for by applicable legislation. In addition, a licensee found to have violated any provision of this Chapter may be subject to license revocation, suspension, or nonrenewal. (Ord. No. 50-O-13, § 2, 6-10-2013) 5-9-7. - REVOCATION; SUSPENSION; PROCEDURES. (A) The City Manager may revoke or suspend a license issued pursuant to the terms of this Chapter for any of the following reasons: 1. If the owner of the relevant vacation rental or his/her agent violates any of the terms of this Chapter; 687 of 945 Page 4 2. If the owner of the vacation rental or his/her agent is deemed to have maintained a nuisance premises therein, in violation of Section 9-5-4 of this Code; 3. If, pursuant to Title 4, Chapter 16 of the City Code, the Director of Community and Economic Development ("Director") deems the vacation rental, or the premises wherein it is located, to be a vacant building, as defined therein; and/or 4. If the City or other governmental agency condemns the vacation rental or the premises wherein it is located. (B) Not less than fourteen (14) business days prior to a revocation hearing for a license issued pursuant to the terms of this Chapter, the Director shall send, via First Class U.S. mail, a notice of revocation hearing to the owner or his/her authorized agent at the address provided on the most recent license application. Notice shall be sufficient if sent to the address of the authorized agent indicated on the license application. Said notice shall include the following: 1. Description of the vacation rental, sufficient for identification; 2. A statement that the license is subject to revocation; 3. A statement of the reasons for the revocation; 4. The date and time upon which a revocation hearing shall occur; and 5. The location for said revocation hearing. (C) If the Director certifies to the City Manager that he/she has reason to believe that immediate suspension of the license is necessary to prevent the threat of immediate harm to the community, the City Manager may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the license suspended for not more than seven (7) days. The City Manager may extend the suspension during the pendency of a hearing upon a written determination that doing so is necessary to prevent the aforesaid harm to the community. (D) Hearings shall be conducted by the City Manager in accordance with procedures drafted by the Corporation Counsel. (E) Within ten (10) business days after the close of the hearing, the City Manager shall issue a written decision that shall constitute a final determination for purposes of judicial review pursuant to the Illinois Administrative Review Law, 735 ILCS 5/3-101 et seq., as amended. In reaching a decision, the City Manager may consider any of the following: 1. The nature of the violation; 2. The nature and extent of the harm caused by the licensee's action or failure to act; 3. The factual situation and circumstances surrounding the violation; 4. Whether or not the action or failure to act was willful; 5. The record of the licensee with respect to violations. (F) A licensee whose license has been revoked shall not be eligible to reapply for a new license. (Ord. No. 50-O-13, § 2, 6-10-2013) 688 of 945 11/1/2018 137-O-18 AN ORDINANCE Amending Portions of Title 5, Chapter 9, “Vacation Rentals” NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The definition for “Vacation Rental” in City Code Section 5 - 9-2, “Definitions,” of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: VACATION RENTAL: A dwelling unit or portion thereof offered for rent for a period shorter than thirty (30) consecutive days to any person other than a member of the owner's family, as those terms are defined in Section 6-18-3 of this Code. The term "vacation rental" shall not include hotels or motels, licensed pursuant to Title 3, Chapter 2 of this Code, lodging establishments, licensed pursuant to Title 5, Chapter 2 of this Code, bed and breakfast establishments, licensed pursuant to Title 8, Chapter 19 of this Code, and/or home sharing in accord with Subsection 6-4-1-14-(B) of this Code, or housing subsidized by the City or other affordable housing providers. SECTION 2: City Code Section 5-9-4, “Application; Notice; Standards & Procedures; Renewal; Fees,” of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 5-9-4: APPLICATION; NOTICE; STANDARDS & PROCEDURES; RENEWAL; FEES: (A) Applications: A property owner who seeks a Vacation Rental license pursuant to this Chapter shall submit a written application that contains all information required for a registration statement pursuant to Chapter 8 of this Title. (B) Notice: Each application shall be accompanied by proof the applicant mailed notice thereof to all owners, whose addresses appear on the current ta x assessment list, of real property located within a radius of two hundred fifty feet (250') of the subject property, inclusive of public streets, alleys and other public ways. The notice shall contain the applicant’s name, the address of the subject 240 of 273689 of 945 137-O-18 ~2~ property, the matter under consideration, and the date, time, and location of the relevant meeting of the Planning and Development Committee. (C) Property Inspection. The dwelling unit must be inspected by City staff pursuant to this Chapter prior to administrative or City Council review of application for Vacation Rental. (D) Standards and Procedures for License Approval: If a Vacation Rental license is not for the owner’s primary residence then tThe Planning and Development Committee will review theall applications for Vacation Rentals and will report to the City Council upon each application with respect to the standards set forth below. The City Council after receiving said report, may refer the application back to that body for additional review, or, by motion, may approve, approve with conditions, or disapprove, an application for a Vacation Rental license, upon findings of fact with respect to each of the standards set forth below: 1. The proposed Vacation Rental will not cause a negative cumulative effect when its effect is considered in conjunction with the effect of other Vacation Rentals in the immediate neighborhood. 2. The Vacation Rental will not have a substantial adverse impact on the use, enjoyment, or property values of adjoining properties. 3. The proposed Vacation Rental will comply with all the rules and regulations contained herein. 4. The proposed Vacation Rental is not likely to have an adverse effect upon the public health, welfare, or safety. Regardless of its finding on any or all of the foregoing standards, the City Council may deny a Vacation Rental license upon a finding that such denial is in the public interest. If a property owner seeks a Vacation Rental license for the owner’s primary residence then staff will review application for Vacation Rental. If the owner of the unit is on active military duty, the affidavit shall include a statement attesting to such fact and to whether the owner has appointed a designated agent or employee to manage, control and reside in the unit during such owner ’s absence while on military duty. (E)(D) Renewal: If a Vacation Rental license was issued for the prior year, the approval for a renewal license shall be obtained from the City Manager or his/her designee, provided the previously-issued license was not revoked or suspended, and the Vacation Rental did not receive citation(s) from any City inspector or Police officer during said prior calendar year. Every renewal application shall satisfy all requirements set forth in Section 4 of this Chapter. 241 of 273690 of 945 137-O-18 ~3~ (F) Fees: The following fees shall be imposed for application submittal and licensing fees: 1. Application Fee: All property owners who seek to submit a Vacation Rental application must submit a nonrefundable application fee of two hundred and fifty dollars ($250.00). 2. License Fee: The annual fee for a license issued pursuant to this Chapter shall be one hundred and fifty dollars ($150.00). SECTION 3: City Code Section 5-9-5, “Requirements and Standards,” of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 5-9-5: REQUIREMENTS AND STANDARDS: (A) No vacation rental operator shall: 1. Rent or lease any vacation rental for any period of time shorter than twenty-four (24) consecutive hours; 2. Rent or lease any vacation rental more than once within any consecutive twenty-four-hour period measured from the commencement of one rental to the commencement of the next; 3. Advertise an hourly rate or any other rate for a vacation rental based on a rental period of fewer than twenty-four (24) consecutive hours; and/or 4. Serve or otherwise provide any food or beverage to any guest. 5. Cause or permit, by action or failure to act, the vacation rental or its use to suffer from and/or create any violation of the following portions of the City Code: Title 4, "Building Regulations"; Title 5, "Housing Regulations"; Title 6, "Zoning"; Title 8, "Health and Sanitation"; or Title 9, "Public Safety." (B) Every vacation rental shall be subject to inspection by staff members of the City's Fire, Health, and Community and Economic Development Departments. (C) Every vacation rental operation shall include in any listing the following information about the vacation rental: (A) the licensee's cancellation and check-in and check-out policies; (B) a statement on: (i) whether the vacation rental is wheelchair or ADA accessible; (ii) whether the vacation rental has any parking availability or neighborhood parking restrictions; and (iii) the availability of, or restrictions on, the use of any recreational facilities or other amenities applicable to guests; and (C) a description of the vacation rental, including the number of sleeping rooms and bathrooms; and (D) the City of Evanston license number. 242 of 273691 of 945 137-O-18 ~4~ (D)(C) Every vacation rental operator shall keep a register in which shall be entered the name of every guest and his/her arrival and departure dates. The operator shall make said register freely accessible to any officer of the City's Police, Fire, Health, and/or Community and Economic Development Departments. (E) Every vacation rental operator shall ensure that the vacation rental is in compliance with current state and local regulations regarding the installation and maintenance of functioning smoke alarms and carbon monoxide detectors. (F)(D) Every vacation rental operator shall post, in a conspicuous place within the vacation rental: 1. The name and telephone number of the operator's authorized agent identified pursuant to Code Section 5-8-3(A)2; 2. An evacuation diagram inside entrance door identifying all means of egress from the vacation rental and the building in which the vacation rental is located; 3. A current copy of the listing; 4. A current copy of vacation rental license; 5. The schedule of, or restriction on, street cleaning and street snow removal. If the property is subject to restrictions imposed by a homeowners association or board of director then the owner shall post an attestation that the homeowners association or board of directors has no t adopted bylaws prohibiting the use of the dwelling unit identified in the license application as a vacation rental or shared housing unit, or that restricts rentals for a period of time less than 30 days, in any combination. (G)(E) Any kitchen in a vacation rental shall be cleaned and sanitized between guests and all food and beverages shall be discarded. All dishes, utensils, pots, pans and other cooking utensils shall be cleaned and sanitized between guests. A recycling container must be accessible to guests. (H)(F) The operator of every vacation rental shall change supplied bed linens and towels therein at least once each week, and prior to the letting of any room to any new guest. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: This ordinance shall be in full force and effect after its passage, approval, and publication in the manner provided by law. 243 of 273692 of 945 137-O-18 ~5~ SECTION 6: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2018 Adopted:___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: _______________________________ Michelle L. Masoncup, Corporation Counsel 244 of 273693 of 945 For City Council meeting of December 10, 2018 Item P2 Ordinance 158-O-18, Extending Time for Permit to Construct Planned Develop. For Introduction and Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Johanna Leonard, Director of Community Development Department Scott Mangum, Planning and Zoning Administrator Meagan Jones, Neighborhood and Land Use Planner Subject: Ordinance 158-O-18 1815 Oak Avenue Planned Development Extension Date: November 29, 2018 Recommended Action: Staff recommends adoption of Ordinance 158-O-18 to extend the time for commencement of construction of the Planned Development at 1815 Oak Avenue, originally approved on July 25, 2016. The Ordinance would grant a one-year extension for building permit issuance to December 10, 2019. Alderman Braithwaite requests suspension of the rules for Introduction and Action at the December 10, 2018 City Council meeting. Livability Benefits Built Environment: Provide Compact and Complete Streets and Neighborhoods Summary On July 25, 2016, the City Council adopted Ordinance 47-O-16 granting approval of the Planned Development for construction of a 10-story senior living facility with 102- dwelling units, 31 assisted living with cognitive impairment units, 30 memory care units and 67 parking spaces on site. The development includes one site development allowance. Per Ordinance 47-O-16, the applicant had eighteen months, until January 25, 2018, to obtain a building permit and start the construction of the project and two years to complete the project from the time of building permit issuance. On March 15, 2017, a minor adjustment to the planned development to increase upper level building setbacks from 0 to 26 feet 6 inches at a height of 44 feet, add a 4th floor terrace, and relocate stairway and mechanical equipment on the north end of the building was administratively approved by the Zoning Administrator with the review and recommendation of the Design and Project Review (DAPR) Committee. The applicant submitted a letter, requesting a 12-month extension for the building permit issuance due to modifications to the structural system because of the costs and Memorandum 694 of 945 availability of construction systems and labor. This request was approved on January 8, 2018 by Ordinance 3-O-18. The applicant submitted plans for a foundation permit in April of this year, with revisions submitted September 21, 2018. On October 12, 2018, the applicant submitted a letter requesting an additional extension for the building permit due to the need to obtain an amendment to the planned development. An agreement with the neighboring Mount Zion Missionary Baptist Church and approval of an easement with the City are also needed in order to move forward with the proposed development. Attachments Proposed Ordinance 158-O-18 Extension Request Letter dated October 12, 2018 695 of 945 11/28/2018 158-O-18 AN ORDINANCE Extending the Time for the Applicant to Obtain a Building Permit to Construct the Planned Development at 1815 Oak Authorized by Ordinance 47-O-16 WHEREAS, the City of Evanston is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, as a home rule unit of government, the City has the authority to adopt legislation and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS, it is a well-established proposition under all applicable case law that the power to regulate land use through zoning regulations is a legitimate means of promoting the public health, safety, and welfare; and WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1, et seq.) grants each municipality the power to establish zoning regulations; and WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code of 2012, as amended, (“the Zoning Ordinance”); and WHEREAS, on July 25, 2016, the City Council enacted Ordinance 47-O-16, attached hereto as Exhibit 1 and incorporated herein by reference, which granted a Special Use Permit for a Planned Development (the “Planned Development”) at 1815 Oak Avenue (the “Subject Property”), which is legally described in Exhibit 1; and WHEREAS, Ordinance 47-O-16 approved the construction of a 10-story 696 of 945 158-O-18 ~2~ independent and assisted living facility with 102 dwelling units, 31 assisted living units for residents with cognitive impairments, 30 memory care rooms at the Subject Property (the “Project”), which is detailed at length in Exhibit 1; and WHEREAS, per Section 6-3-6-12(B), a minor adjustment to the Planned Development was approved by the Zoning Administrator on March 15, 2017 with the recommendation of the Design and Project Review Committee (“DAPR”) to reduce the Floor Area Ratio from 4.35 to 3.97, to increase the upper level building setbacks from zero feet to twenty six and a half feet at a height of forty-four feet, to relocate the stairway and mechanical equipment on the north end of the building, and for the addition of a fourth floor terrace; and WHEREAS, on January 8, 2018, the City Council enacted Ordinance 3-O- 18, attached hereto as Exhibit 2 and incorporated herein by reference, which granted an extension of time for the Applicant to obtain a building permit to construct the Planned Development authorized by Ordinance 47-O-16; and WHEREAS, by letter to the City dated October 12, 2018, the Developer and Applicant, Michael McLean (the “Applicant”) requested an extension of the one-year time period to obtain a building permit and start construction for the Planned Development (the “Amendment”); and WHEREAS, Section 6-11-1-10(A) of the City Code and Section 3(c) of Ordinance 3-O-18 provides that the Applicant must obtain a building permit and start construction within twelve (12) months of the passing Ordinance 3-O-18 and has not obtained a building permit to date; and WHEREAS, in order to remain in compliance with the terms of Ordinance 697 of 945 158-O-18 ~3~ 47-O-16 and provide for Applicant to obtain a building permit and start construction, the Applicant requests an amendment to the Planned Development; and WHEREAS, on December 10, 2018, the Planning and Development Committee (“P&D Committee”) held a meeting, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq), during which it retained jurisdiction over the Planned Development Amendment request; and WHEREAS, during said meetings, the P&D Committee received input from the public, and carefully deliberated on the Extension request and the Applicant was given notice and the opportunity to be heard at the P&D and City Council meetings; and WHEREAS, at its meeting of December 10, 2018 held in compliance with the provisions of the Illinois Open Meetings Act, the City Council considered the P&D Committee’s deliberations and recommendations, heard public comment, made findings and considered this Ordinance 158-O-18, NOW, THEREFORE, BE IT ORDAINED 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: Pursuant to the terms and conditions of this ordinance, the City Council hereby grants an amendment to the Special Use Permit previously authorized by Ordinance 47-O-16 to allow for the construction and operation of the Planned Development described herein. SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council imposes the following conditions on the Special Use Permit granted for 698 of 945 158-O-18 ~4~ the Planned Development, may be amended by future ordinance(s), and violation of any of which shall constitute grounds for penalties or revocation of said Special Use Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: (a) Compliance with Applicable Requirements: The Applicant shall develop and operate the Planned Development authorized by the terms of this ordinance in substantial compliance with the following: the terms of this Ordinance 158-O-18; terms of Ordinance 3-O-18; terms of Ordinance 47-O- 16 which have not been amended by this Ordinance; all applicable City Code requirements; the Applicant’s testimony to the P&D Committee, and the City Council; and the approved documents on file in this case. (b) Changes in Property Use: Any change as to the property’s use in the future must be processed and approved as an additional amendment to the Planned Development. (c) Construction Schedule: Construction Schedule: Pursuant to Subsection 6-11-1-10(A)4 of the Zoning Ordinance, the Applicant must obtain a building permit within twelve (12) months of the passing of this Ordinance. Additionally, the Applicant must complete the construction of this Planned Development within twenty-four (24) months from the date the Applicant receives its building permit. (d) Recording: Pursuant to Subsection 6-3-6-10 of the Zoning Ordinance, the Applicant shall, at its cost, record a certified copy of this ordinance, including all exhibits attached hereto, with the Cook County Recorder of Deeds, and provide proof of such recordation to the City, before the City may issue any permits pursuant to the Planned Development authorized by the terms of this ordinance. SECTION 4: Except as otherwise provided for in this Ordinance 158-O- 18, all applicable regulations of the Ordinance 3-O-18 and Ordinance 47-O-16, the Zoning Ordinance, and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. To the extent that the terms and/or provisions of any of said documents conflict with any of the terms herein, this Ordinance 158-O-18 shall govern and control. SECTION 5: When necessary to effectuate the terms, conditions, and 699 of 945 158-O-18 ~5~ purposes of this ordinance, “Applicant” shall be read as “Applicant and its agents, assigns, and successors in interest” and shall mean Michael McLean, and any and all successors, owners, and operators of the Subject Property. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 7: Except as otherwise provided for in this ordinance, all applicable regulations of the Zoning Ordinance and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. To the extent that the terms and provisions of any of said documents conflict with the terms herein, this ordinance shall govern and control. SECTION 8: All ordinances or parts of ordinances that are in conflict with the terms of this ordinance are hereby repealed. SECTION 9: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 10: The findings and recitals herein are hereby declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Ayes: ______ Nayes: _____ Approved: __________________________, 2018 700 of 945 158-O-18 ~6~ Introduced:_________________, 2018 Adopted:___________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _____________________________ Devon Reid, City Clerk Approved as to form: _______________________________ Michelle Masoncup, Corporation Counsel 701 of 945 158-O-18 ~7~ EXHIBIT 1 ORDINANCE 47-O-16 702 of 945 703 of 945 704 of 945 705 of 945 706 of 945 707 of 945 708 of 945 709 of 945 710 of 945 711 of 945 712 of 945 713 of 945 714 of 945 715 of 945 716 of 945 717 of 945 718 of 945 719 of 945 720 of 945 721 of 945 722 of 945 723 of 945 724 of 945 725 of 945 726 of 945 727 of 945 728 of 945 729 of 945 730 of 945 731 of 945 732 of 945 733 of 945 734 of 945 735 of 945 736 of 945 737 of 945 738 of 945 739 of 945 740 of 945 741 of 945 742 of 945 743 of 945 744 of 945 745 of 945 746 of 945 747 of 945 748 of 945 749 of 945 750 of 945 751 of 945 752 of 945 753 of 945 754 of 945 755 of 945 756 of 945 757 of 945 758 of 945 759 of 945 760 of 945 761 of 945 762 of 945 763 of 945 764 of 945 765 of 945 158-O-18 ~8~ EXHIBIT 2 ORDINANCE 3-O-18 766 of 945 767 of 945 768 of 945 769 of 945 770 of 945 771 of 945 Bernard I. Citron 312 580 2209 direct bcitron@thompsoncoburn.com October 12, 2018 VIA FEDERAL EXPRESS Stephen H. Hagerty Mayor City of Evanston 2100 Ridge Ave Evanston, Illinois 60201 Re: Planned Development at 1815-23 N. Ridge Ordinance No. 47-O-16 Dear Mayor Hagerty: In July of 2016, the City of Evanston approved a Special Use for a Planned Development for the property at 1815-23 Ridge Avenue (the “Planned Development”) allowing for the construction of an Independent and Assisted Senior Living Facility. My client, 1815 Ridge Avenue, LLC, the owner/developer (the “Developer”) of the Planned Development have been diligently moving forward to obtain financing and finalize the design of the facility. Recently, however, the Developers determined that changes to both the building and the program were necessary. Accordingly, the Developers applied for a one year extension for obtaining permits for the Planned Development to incorporate these changes. This request was approved on January 8, 2018, and a one year extension was granted therefrom per Ordinance No. 3-O-18 (the “Extension”). Thereafter, the Developers met with City Staff on February 28, 2018 regarding these proposed changes . The initial understanding was that only a minor change to the Planned Development would be required. Based on this understanding, a full set of plans were delivered to the Building Department on October 5, 2018 for review of a building permit under the assumption that future revisions would also be minor adjustments. We were recently informed that rather than a minor change, a full amendment to the Planned Development will be required to implement the proposed changes . Accordingly, we are in the process of preparing the appropriate plans and documents in order to file for a full amendment to the Planned Development. Based on this new information, we are concerned that approval of this new application will not be completed in time for the Developer to prepare permit drawings and obtain a building permit prior to the 12 month expiration of the Extension. Therefore, please accept this letter as a formal request by the Developer for a one year extension to obtain a building permit; extending the time from January 8, 2019 to January 8, 2020. We fully expect to be able to obtain a permit within that time frame. 772 of 945 October 12, 2018 Page 2 Thank you for your consideration of our request. Very truly yours, Thompson Coburn Bernard I. Citron BIC/mse cc: Scott Mangum Meagan Jones Michael McLean 773 of 945 For City Council meeting of December 10, 2018 Item P3 Ordinance 139-O-18 Major Zoning Relief for Parking and Rear Yard Setback at 1943 Sherman Ave. For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Johanna Leonard, Director of Community Development Scott Mangum, Planning and Zoning Administrator Melissa Klotz, Zoning Planner Subject: Ordinance 139-O-18 1943 Sherman Ave. - 18ZMJV-0073 Date: December 6, 2018 Recommended Action: The Zoning Board of Appeals recommends denial and staff recommends approval of Ordinance 139-O-18 authorizing major variations for a 22’ rear yard setback where 22.5’ is required for a three-story stair, and an increase of zero additional parking spaces where 3 additional parking spaces are required for the conversion of a single family residence to a 3-unit multiple family residence in the R5 General Residential District. The Zoning Board of Appeals determined the proposal does not meet all Standards for Major Variation due to a lack of information that was requested but not provided by the property owner. On December 6, 2018, the requested documents were submitted, including a list of improvements to be made to the property and a timeline for completion of July 15, 2018 for exterior work and August 1, 2018 for interior work. Given the additional information provided (attached), staff finds the Standards for Major Variation are now met and recommends approval of the requested zoning relief. Livability Benefits: Built Environment: Support housing affordability Site Background: The property was cited for zoning violations in the past for more than 3 unrelated occupants, as well as property standards violations for the exterior condition of the building. The property owner stated a financial hardship in repairing the building with only 3 occupants allowed, and therefore proceeded with a request to convert the building into a 3-unit multiple family residence. Memorandum 774 of 945 2 The applicant applied for major zoning relief for the rear stair setback, and for drive-aisle width for additional parking. The proposal included paving the majority of the rear yard to add three parking spaces. The case proceeded to the DAPR Committee, where multiple neighbors voiced concerns about the amount of pavement proposed in the rear yard that abuts adjacent properties (no alley access), and instead encouraged the property owner to revise the plan and variations requested with no new parking added. The applicant then applied for the currently requested zoning relief. Summary: The applicant proposes to convert a single-family residence to a 3-unit multiple family residence with two 2-bedroom units and one 3-bedroom unit in the R5 General Residential District with no additional parking, and with a 3-story rear egress stair with a 22’ rear yard setback where 22.5’ is required. The property currently features a 29’ long driveway in the front yard that features one legally nonconforming parking space, which will remain (noted as 2 parking spaces on the site plan, but without the required parking stall size to fit 2 vehicles without extending into the right-of-way). There is some street parking available in the area, and there is a bus stop on the block. Neighbors and staff feel the overwhelming concern with the property is the exterior condition and its impact on surrounding properties. Although the applicant’s request will extract additional income from the property, it will allow the property owner to reinvest in the property and repair the structure, which will have a positive impact on surrounding properties. The applicant also requests a rear yard setback variation for a 3-story egress stair, which is a required exit for multiple family residences. The stair is the minimum size necessary to meet building codes, but extends 6 inches into the required rear setback. ↑ Existing parking space 775 of 945 3 City staff is not aware of any objections to the proposal, but is aware of neighbor concern regarding the dilapidated state of the structure and timeframe completion of all work, including Property Standards/aesthetics, and conversion to a multiple family residence. Documents submitted on December 6, 2018 address these issues and include a timeframe of completion of July 15, 2018 for exterior work and August 1, 2018 for interior work. Building permit plans are currently being reviewed by staff. Staff is not aware of any objections to the requested zoning relief for a rear yard setback and parking. Legislative History: December 6, 2018 – The requested additional documentation was provided to staff. September 25, 2018 – The additional documentation that was requested by the ZBA was not provided, and the property owner was not present. Therefore, the ZBA unanimously recommended denial on the zoning relief due to a lack of information provided. The ZBA noted that if City Council approves the zoning relief, the following information shall be provided prior to approval: submittal of architectural plans in digital form, statement of explanation of work to be completed, elevation drawings with building materials labeled, timeframe for completion of work, all prior to the granting of zoning relief. Following the ZBA recommendation staff contacted the applicant and the applicant’s attorney multiple times to request the information sought by the ZBA. August 28, 2018 – ZBA Members and neighboring property owners expressed concern and inquired about the specific interior and exterior improvements needed at the property to address Property Standards code violations as well as required building code improvements to convert the structure from a single family residence to a multiple family residence. ZBA Members requested the property owner be present at the September 25, 2018 ZBA hearing to address these questions and concerns, and provide an estimated timeline for completion of all work. Attachments: Proposed Ordinance 139-O-18 Additional Information Requested by ZBA: Proposed Construction/Renovation Schedule Proposed Exterior Improvements Permit Plans & Plan Review Comment Responses ZBA Findings of Fact ZBA Meeting Minutes Excerpt – September 25, 2018 ZBA Meeting Minutes Excerpt – August 28, 2018 ZBA Packet – August 28, 2018 776 of 945 11/5/2018 139-O-18 AN ORDINANCE Granting Major Variations at 1943 Sherman Avenue in the R5 General Residential Zoning District WHEREAS, Angie Radman (the “Applicant”), owner of the property commonly known as 1943 Sherman Avenue (the “Subject Property”), located within the R5 General Residential Zoning District and legally described in Exhibit A, attached hereto and incorporated herein by reference, submitted an application seeking approval of Major Variations to convert a single family residence into a three (3) unit multiple family residence and granting related zoning requirements imposed by Subsections 6-4- 1-9 and 6-16-3-5, Table 16-B of Title 6 of the Evanston City Code of 2012, as amended (“the Zoning Ordinance”); and WHEREAS, the Applicant requests the following Major Variations related to the Subject Property: (1) Have a twenty-two (22) foot rear yard setback for a three (3) story stair where a twenty-two and a half (22.5) rear yard setback is required on the Subject Property pursuant to City Code Subsection 6-4-1-9; and (2) Have an increase of zero (0) additional parking spaces where three (3) additional parking spaces are required on the Subject Property for a total of one (1) parking space where five (5) parking spaces are required pursuant to City Code Subsection 6-16-3-5, Table 16-B; WHEREAS, on August 28, 2018 and September 25, 2018, the Zoning Board of Appeals (“ZBA”), pursuant to proper notice, held public hearings in case 777 of 945 139-O-18 ~2~ no. 18ZMJV-0073 to consider the application, received testimony, and made written records and findings that the application did not meet the standards for Major Variations set forth in Subsection 6-3-8-12-(E) of the Zoning Ordinance and recommended City Council denial thereof; and WHEREAS, at its meeting of December 10, 2018, the Planning and Development (“P&D”) Committee of the City Council considered the ZBA’s recommendation, and recommended City Council approve the Major Variations, as requested; and WHEREAS, at its meetings of December 10, 2018, and January 14, 2019, the City Council considered and adopted the recommendation of the P&D Committee, NOW, THEREFORE, BE IT ORDAINED 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 Council hereby adopts the P&D Committee’s records, findings, and recommendations, and hereby approves, pursuant to Subsection 6-3-8-10-(D) of the Zoning Ordinance, the Major Variations on the Subject Property applied for in case no. 18ZMJV-0073 and described hereinabove. SECTION 3: The Major Variations approved hereby are as follows: (A) To permit a twenty-two (22) foot rear yard setback for a three story stair on the Subject Property. Subsection 6-4-1-9 of the Zoning Ordinance requires a twenty- two and a half (22.5) foot rear yard setback for a three story stair on the Subject Property. (B) To permit an increase of zero (0) additional parking spaces for a total of one (1) on-site parking space on the Subject Property. Table 16-B of Subsection 6-16-3- 778 of 945 139-O-18 ~3~ 5 requires three (3) additional parking spaces where five (5) are required on the Subject Property for a three (3) unit multiple family residence. SECTION 4: Pursuant to Subsection 6-3-8-14 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Major Variations granted hereby, violation of any of which shall constitute grounds for penalties or revocation thereof pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: (A) Compliance with Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with all applicable legislation, with the testimony and representations of the Applicant to the ZBA, the P&D Committee, and the City Council, and the approved plans and documents on file in this case. (B) Architectural Plans: The Applicant shall submit the architectural plans in digital form, along with: (1) a statement of explanation of work to be completed; (2) elevation drawings with building materials labeled; and (3) timeframe for completion of all work. (C) Recordation: The Applicant shall, at its cost, record a certified copy of this ordinance, including all Exhibits attached hereto, with the Cook County Recorder of Deeds, and provide proof of such recordation to the City, before the City may issue any construction permits pursuant to the Major Variation authorized hereby. SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 6: Except as otherwise provided for in this ordinance, all applicable regulations of the Zoning Ordinance and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 779 of 945 139-O-18 ~4~ SECTION 9: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 10: The findings and recitals herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2018 Adopted:___________________, 2019 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: _______________________________ Michelle L. Masoncup, Corporation Counsel 780 of 945 139-O-18 ~5~ EXHIBIT A Legal Description THE SOUTH 50.0 FEET OF THE W EST 100.0 FEET OF LOT 12 IN BLOCK 5 IN ORIGINAL VILLAGE (NOW CITY) OF EVANSTON, IN SECTION 13, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY. PIN: 11-18-110-002-0000 Commonly Known As: 1934 Sherman Avenue, Evanston, Illinois. 781 of 945 PROPOSED CONSTRUCTION/RENOVATION SCHEDULE RE: ​​ 1943 SHERMAN AVENUE; EVANSTON, IL 60201 INTERIOR WORK Upon approval of Building Permit, All Interior Work per Architectural Plans to commence on March 23, 2018 and be completed by August 1, 2018. Order of Completion: 1. Rough Carpentry/Framing per Plans with Install of Windows 2. Rough Plumbing per Approved Plans 3. Rough Electrical per Approved Plans (3 New Meters) 4. HVAC per Approved Plans 5. Fire Sprinkler System (Engineer Drawings to City of Evanston & Fire Department and then to Completion of All said work 6. Drywall & Paint 7. Fire Sprinkler System- Install Sprinkler Head covers 8. Tiling/Flooring 9. Finish carpentry- Moldings, Cabinetry,etc 10. Finish Plumbing- Install Fixtures 11. Finish Electrical- Install Fixtures EXTERIOR WORK Upon Approval of Building Permit, All Proposed Exterior Improvements listed on Schedule 1 (Attached) ​to commence on March 1, 2018 or earlier weather permitting and be completed by July 15, 2018. Order of Completion: 1. Roof 2. Sewer/Water- Install New 1 ½” Water Supply Line to House for Fire Sprinkler 3. Windows 1.Masonry/Tuck Pointing 2.Siding 3.Gutters & Downspouts 4.Rear Porch 5.Front Porch (Decking, Columns,Railings, Balustrades,etc.) 6.Concrete/Paving Bricks 7.Sod/Landscaping 782 of 945 SCHEDULE 1   PROPOSED EXTERIOR IMPROVEMENTS  1943 SHERMAN AVENUE; EVANSTON, IL 60201      I. LIST OF EXTERIOR IMPROVEMENTS TO BE MADE  ● Tear off existing Roof and SUPPLY AND INSTALL NEW GAF TIMBERLINE HD  ARCHITECTURAL SERIES SHINGLES or comparable.  ●Build New 3 Story Porch off Rear of Home per Architectural Plans -Treated Lumber  ●● Install NEW CRESTLINE SELECT 500 Vinyl Clad Wood Windows and Patio Doors or  comparable.  ●● TUCKPOINT AND RESTORE EXISTING EXTERIOR STONEWORK, MASONRY, AND  CHIMNEY  ● Remove all existing Pine Trim Boards, Fascia, Soffit and and ​SUPPLY AND INSTALL NEW LP  (Louisiana Pacific) ENGINEERED SMARTSIDE   ● Remove existing porch decking and SUPPLY AND INSTALL NEW TIMBERTECH, AZEK or  CEDAR DECKING  ● Remove existing Wood Columns on Porch and SUPPLY AND INSTALL ALL NEW **  DIXIE- PACIFIC DURALITE 8” X 8’ TAPERED ROUND FIBERGLASS COLUMNS & CAP  AND BASE  ● Remove existing Front Porch Railings and Balustrades and SUPPLY AND INSTALL NEW **  TREATED OR CEDAR PORCH RAILING AND BALUSTRADES.  ●● SUPPLY AND INSTALL NEW ALUMINUM GUTTERS AND DOWNSPOTS  ● Remove existing Brick Pavers at Front and Side Walkway and SUPPLY AND INSTALL NEW  BRICK PAVERS or CONCRETE.  ● PROVIDE FOR NEW SOD AND LANDSCAPING in Rear of Home and Front where needed.  **ALL EXTERIOR WOOD and FIBERGLASS PRODUCTS TO BE PRIMED AND  PAINTED WITH HIGH QUALITY EXTERIOR PRIMER AND PAINT (ie., BEHR,  BENJAMIN MOORE,SHERWIN WILLIAMS, or comparable.)  783 of 945 784 of 945 785 of 945 786 of 945 787 of 945 788 of 945 F I N D I N G S FOR STANDARDS OF V A R I A T I O N S After conducting a public hearing on August 28, 2018, and September 25, 2018, the Zoning Board of Appeals makes the following findings of fact, based upon the standards for major variances specified in Section 6-3-8-12 of the City Code: Standard Finding (A) The requested variation will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties; _______Met ___X__Not Met 7-0 Adequate information not provided by applicant (B) The requested variation is in keeping with the intent of the zoning ordinance; _______Met ___X__Not Met 7-0 Adequate information not provided by applicant (C) The alleged hardship or practical difficulty is peculiar to the property; ___X___Met _____Not Met 7-0 (D) The property owner would suffer a particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out; _______Met ___X__Not Met 7-0 Adequate information not provided by applicant (E) The purpose of the variation is not based exclusively upon a desire to extract additional income from the property; or there is a public benefit; ___X___Met _____Not Met 7-0 (F) The alleged difficulty or hardship has not been created by any person having an interest in the property; ______Met ___X__Not Met 7-0 Case Number: 18ZMJV-0073 Address or Location: 1943 Sherman Ave. Applicant: Angie Radman, property owner Proposed Zoning Relief: 22’ rear yard setback for a three-story stair, zero additional parking spaces where 3 additional parking spaces are required to convert a single family residence to a three-unit multiple family residence 789 of 945 Adequate information not provided by applicant (G) The requested variation is limited to the minimum change necessary to alleviate the particular hardship or practical difficulty which affects the property; ______Met ___X__Not Met 7-0 Adequate information not provided by applicant And, based upon these findings, and upon a vote of 0 in favor & 7 against Recommends to the City Council Approval X Denial Conditions: 1. The following documents shall be submitted prior to the granting of zoning relief if City Council so chooses: architectural plans in digital form, statement of explanation of work to be completed, elevation drawings with building materials labeled, timeframe for completion of work. Attending: Vote (for denial): Aye No X Violetta Cullen X X Mary Beth Berns X X Lisa Dziekan X X Kiril Mirintchev X X Scott Gingold X X Myrna Arevalo X X Mary McAuley X 790 of 945 Page 1 of 2 Zoning Board of Appeals APPROVED MEETING MINUTES EXCERPT ZONING BOARD OF APPEALS Tuesday, September 25, 2018 7:00 PM Civic Center, 2100 Ridge Avenue, G300 Members Present: Lisa Dziekan, Violetta Cullen, Mary Beth Berns, Myrna Arevalo, Scott Gingold, Mary McAuley, Kiril Mirintchev Members Absent: Staff Present: Scott Mangum, Melissa Klotz Presiding Member: Mary Beth Berns 1943 Sherman Ave. 18ZMJV-0073 Angie Radman, property owner, applies for major zoning relief to convert a single family residence to a 3-unit multiple family residence in the R5 General Residential District. The applicant requests a 22’ rear yard setback for a three -story stair (yard obstruction) where 22.5’ is required (Zoning Code Section 6 -4-1-9), and an increase of zero additional parking spaces where 3 additional parking spaces are required, for a total of 1 parking space on-site where 5 parking spaces are required for a 3-unit multiple family residence (Zoning Code Section 6-16-3-5 Table 16-B). The Zoning Board of Appeals is the recommending body, and the City Council is the determining body for this case. Ms. Klotz explained the applicant requests a continuance on the case. The homeowner is not in attendance, the architect is not in attendance, and no additional information that was requested has been provided. Therefore, staff recommends the continuance not be granted and the ZBA move forward with the case. Attorney Shawn Jones explained the property owner did not want to attend tonight’s meeting without the architect who could not attend tonight, and therefore requests the continuance. Ms. McAuley asked how tonight will affect the court case that is scheduled for Friday, and Mr. Jones stated whatever happens at ZBA will be reported to the court on Friday. Mr. Gingold suggested the ZBA move forward with the case and the information that has been provided thus far to ensure a resolution to the case can be made in a timely manner. Mr. Jones stated he has no additional documents or information to present. Deliberation: 791 of 945 Page 2 of 2 Zoning Board of Appeals Ms. McAuley noted she did not attend the August 28, 2018 ZBA hearing but reviewed the video. Ms. McAuley suggested the ZBA recommend denial, unless the applicant provides adequate information with a timetable for completion that is adequate to the City Council. Mr. Gingold stated information has not been provided to show the Standards have been met, therefore the case should be recommended for denial. Mr. Mirintchev agreed. Ms. Arevalo felt that it is not feasible to hold a certain timeframe for completion of work because permits allow for construction to be ongoing without a specific timeframe. Other ZBA Members disagreed, stating there are concerns from neighbors about when violations will be rectified and when the building aesthetics will be improved, therefore it is acceptable to condition the proposal on a certain timeframe for construction completion. Standards: 1. No 2. No 3. Yes 4. No 5. Yes 6. No 7. No Chair Berns noted Standards that have not been met are due to a lack of information. Ms. McAuley motioned to recommend denial of the proposal, including conditions (should the case be granted) for submittal of architectural plans, statement of explanation of work by property owner, elevations and building materials, and timeframe for completion of work, seconded by Ms. Cullen and unanimously recommended for denial with conditions. 792 of 945 Page 1 of 2 Zoning Board of Appeals APPROVED MEETING MINUTES EXCERPT ZONING BOARD OF APPEALS Tuesday, August 28, 2018 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Lisa Dziekan, Violetta Cullen, Mary Beth Berns, Myrna Arevalo , Scott Gingold Members Absent: Mary McAuley, Kiril Mirintchev Staff Present: Scott Mangum, Melissa Klotz Presiding Member: Mary Beth Berns 1943 Sherman Ave. 18ZMJV-0073 Angie Radman, property owner, applies for major zoning relief to convert a single family residence to a 3-unit multiple family residence in the R5 General Residential District. The applicant requests a 22’ rear yard setback for a three-story stair (yard obstruction) where 22.5’ is required (Zoning Code Section 6 -4-1-9), and an increase of zero additional parking spaces where 3 additional parking spaces are required, for a total of 1 parking space on-site where 5 parking spaces are required for a 3-unit multiple family residence (Zoning Code Section 6-16-3-5 Table 16-B). The Zoning Board of Appeals is the recommending body, and the City Council is the determining body for this case. Ms. Klotz read the case into the record, and explained the previous proposal that included adding parking but was opposed at DAPR by neighbors. Shawn Jones, attorney, explained the proposal:  The property has not been used as a single family residence in decades and has been student housing for over 20 years.  The property is currently in court with the City regarding the occupancy and property conditions, and City Attorney Michelle Masoncup suggested the property owner either apply to convert the structure to a legal rooming house or a multiple family residence.  The previous proposal included adding a driveway on the north side of the house and a parking lot in the rear that would cover the entire rear yard, and was opposed by neighbors at DAPR. Mr. Gingold asked how much repair is needed to the house and what that cost is, and Mr. Jones explained the repairs needed are exterior cosmetic repairs. The large cost is the conversion to a multiple family residence. Mr. Gingold explained his concern that the property might be converted to a 3-flat but the exterior cosmetic repairs may not be done. Mr. Jones agreed a date certain could be set for repairs after consulting with contractors. 793 of 945 Page 2 of 2 Zoning Board of Appeals Mr. Jones noted the structure currently features 9 bedrooms, and will have 7 bedrooms after conversion. ZBA Members felt the property owner should be present to answer questions about maintenance, repairs, timing, and property income. Mr. Gingold motioned to continue the case to September 25, 2018 with testimony open, which was seconded by Ms. Cullen and unanimously continued. Ms. Cullen motioned to reopen testimony to allow the neighbor present to speak, which was seconded by Mr. Gingold and approved. John Carver, President of condo association to the south, explained neighbors have had concerns with the property condition and life safety for a long time. Mr. Carver noted a parking lot to add parking in the rear of the property would have to include significant drainage measures that would likely be cost prohibitive to the owner. The concern is that history has shown there is either not capital available to make the improvements, or that the work done is substandard and done by unqualified workers. The issue has been ongoing for nearly 15 years, and some work is done here and there, but not the extensive work that is needed. ZBA Members requested the property owner be prepared with the following information for the September 25, 2018 ZBA hearing: timeframe for completion of work, estimated construction costs including interior renovations, and a digital file of the submitted building permit. Mr. Jones responded the building will be sprinkled, the water service may be upgraded (if needed), and the other requested information will be provided at the next meeting. The meeting adjourned at 9:00pm. 794 of 945 For City Council meeting of December 10, 2018 Item P4 Ordinance 160-O-18, Granting Landmark Status to the Building and Lot of Record at 1225 Asbury Avenue For Introduction To: Honorable Mayor and Members of the City Council Planning & Development Committee From: Johanna Leonard, Director of Community Development Scott Mangum, Planning and Zoning Administrator Carlos D. Ruiz, Senior Planner/Preservation Coordinator Subject: Ordinance 160-O-18, Granting Landmark Status to the Building and Lot of Record at 1225 Asbury Avenue Date: December 3, 2018 Recommended Action The Preservation Commission and City staff recommend approval of Ordinance 160-O-18 Designating 1225 Asbury Avenue (building and lot) as an Evanston Landmark. Livability Benefits Education, Arts & Community: Preserve and reuse historic structures and sites. Background Jolie and Matthew Fleming, owners, submitted an application on May 3 and subsequently on June 26, 2018 for the designation of the building on the Subject Property as an Evanston Landmark. Preservation Commission Report and Recommendation The Preservation Commission conducted a public hearing on July 10 and September 11, 2018. The Commission adopted a Resolution and approved its Report on November 13, 2018 with findings of fact and recommended to City Council that the building at 1225 Avenue be designated an Evanston Landmark, in that it meets landmark criteria for designation: 2-8-4 (A) 3. Its exemplification of an architectural type, style or design distinguished by innovation, rarity, uniqueness, or overall quality of design, detail, materials, or craftsmanship. 1225 Asbury Avenue exemplifies an architectural style or type or design distinguished by innovation, rarity or uniqueness. Memorandum 795 of 945 2 Architect George Schipporeit (1933-2013) designed 1225 Asbury Avenue, a single family residence with dates of construction listed as 1973-1984 (permit canceled in 1977 and reopened in 1982). The house is a representative of the Modern Style. Schipporeit designed and built the house for himself, the only single family house that he designed. The house design exemplifies function over form. The house is: elegantly plain, rectilinear in form, with flat roof(s), no applied ornamentation, glass and reinforced concrete, precast concrete floors and ceilings while interior walls are poured concrete , and the plan bridges the indoors and outdoors. The house at 1225 Asbury Avenue conforms to the surrounding homes built in the 1880s in terms of setbacks, and horizontality. The exterior construction of 1225 Asbury Avenue displays flat roofs, asymmetry, horizontality, and is devoid of any applied ornamentation (classic examples of the modernist movement); it is a sculptural structure onto itself, having a feeling of regularity, rhythm, and balance. The rear of the home has extreme sensitivity to light and space, with floor to ceiling sliding doors and horizontal banded second floor windows. There are five exterior horizontal balconies and a full roof top deck, which is Schipporeit’s attempt to bridge the outdoors and indoors, and; 2-8-4 (A) 4. Its identification as the work of an architect, designer, engineer, or builder whose individual work is significant in the history or development of the City of Evanston, the State of Illinois, the Midwest region, and the United States. George Schipporeit is an architect of note; his individual work is significant in the history and development of the City of Evanston or the State of Illinois. George Schipporeit was an apprentice of Ludwig Mies van der Rohe and Alfred Caldwell, he considered them his mentors. As an architect he designed iconic buildings in Chicago and elsewhere. Schipporeit was also a teacher and a leader at the Illinois Institute of Technology (IIT). Born in South Dakota in 1933, he developed interest in architecture in his early 20s. He applied at IIT with particular interest in Mies Van der Rohe and in studying under him. He spent two years at IIT in the 1950s, but did not finish his studies. He was asked by Mies and Caldwell to work as an apprentice in their studio. While working in New Jersey on a residential project, he was approached by another company to work on Lake Point Tower at 505 N Lake Shore Drive in Chicago. Schipporeit and John Heinrich, a colleague from IIT became the architects of Lake Point Tower, an iconic building and the tallest apartment building at the time. Schipporeit took the licensing exam while preparing the 70-story tower’s working drawings. 796 of 945 3 In 1970, at the age of 37, Schipporeit formed his own firm “Schipporeit, Inc.” Schipporeit designed the State Bank Building and the 1603 Orrington, Rotary Building in Evanston, the Chicago Atrium Village and, the Asbury Building in Chicago, and the Searle Building in Skokie. While working in Evanston he purchased the site at 1225 Asbury Avenue to design and build his own residence. In the 1980’s he spent his time as a professor at IIT, as the Chairman of the Department of Architecture until his death in 2013. Schipporeit was inspired by Mies van der Rohe and his philosophy of “Less is more.” Caldwell also influenced Schipporeit by bridging the spaces indoors and outdoors to make them feel like one continuous space. In the interior, much of the original modern architectural fabric remains. The house is asymmetrical with a complete rejection of applied ornamentation. To quote Louis Sullivan “form ever follows function.” The skin and bones architectural elements reflect the architecture in its purest form.and; 2-8-4 (B) Integrity of Landmarks and Districts. Any district, site, building, structure, or object that meets any one or more of the criteria in Subsection 2-8-4(A) shall also possess sufficient integrity of location, design, setting, materials workmanship, feeling, and association to convey its historic significance. As evaluated today, the house at 1225 Asbury Avenue is in superb condition, virtually identical to the original construction and design. The only piece not consistent with the house is a non-original greenhouse, which has been removed during the restoration of the house. The interior of the house is asymmetrical with no ornamentation and following the design approach of function over form. All rooms are in right angles with varied height and enjoy natural light to maximize the bridge of the indoors with the outdoors. The house meets the integrity criteria as follows: ● Location – remains in original location ● Design – representative of the Modern Style and superbly intact ● Setting – virtually unchanged ● Materials – concrete, glass, steel, intact ● Workmanship – extreme attention to every detail Legislative History ● On May 3 and subsequently on June 26, 2018 Jolie and Matthew Fleming, owners (the “Applicants”), of 1225 Asbury Avenue, Evanston, submitted an application, nominating the lot of record and building at 1225 Asbury Avenue for landmark designation. ● July 10, 2018: Preservation Commission held a public hearing for the Landmark nomination. The hearing was continued to September 11, 2018. ● September 11, 2018: continuing the public hearing, the Commission heard 797 of 945 4 testimony from the Applicants (Owners) and members from the public, and found that the nominated building at 1225 Asbury Avenue met criteria for designation 2-8-4 (A) 3, and 2-8-4 (A) 4 and 2-8-4 (B). The Commission approved a motion recommending to City Council the designation of 1225 Asbury Avenue as an Evanston Landmark. ● November 13, 2018: Preservation Commission adopted a Resolution and approved its Report recommending to City Council the designation of 1225 Asbury Avenue as an Evanston Landmark. The Resolution requests the City Manager to transmit its Report and recommendation to City Council. Attachments ● Proposed Ordinance 160-O-18 Granting Landmark Status to the Building and Lot of Record at 1225 Asbury Avenue ● Preservation Commission’s Resolution and Report with Findings of Fact and Recommendation to City Council ● July 10, 2018 Preservation Commission Approved Meeting Minutes (Excerpt) ● September 11, 2018 Preservation Commission Approved Meeting Minutes (Excerpt) ● November 13, 2018 Preservation Commission Draft Meeting Minutes (Excerpt) 798 of 945 12/5/2018 160-O-18 AN ORDINANCE Granting Evanston Landmark Status to the Building and Lot of Record at 1225 Asbury Avenue WHEREAS, the City has enacted a Historic Preservation Ordinance (“Ordinance”), Title 2, Chapter 8 of the Evanston City Code of 2012, as amended; and WHEREAS, Section 2-8-5 of the Ordinance sets forth the process whereby the Preservation Commission (“Commission”) shall nominate and consider applications for landmark designation and designate landmarks and historic districts; and WHEREAS, Architect George Schipporeit (1933-2013) designed 1225 Asbury Avenue, a single family residence with dates of construction listed as 1973-1984. The house is representative of the modern style architecture. Schipporeit designed and built the house for himself, the only single family house that he designed for this purpose; and WHEREAS, the Subject Property is in superb condition, virtually identical to the original construction and design; and WHEREAS, Jolie and Matthew Fleming, owners, submitted an application on May 3, 2018 and subsequently on June 26, 2018 for the designation of the building on the Subject Property as an Evanston Landmark; and 799 of 945 160-O-18 ~2~ WHEREAS, the Commission conducted public hearings, pursuant to proper notice, on July 10, 2018, and continued the hearing to September 11, 2018 to consider the application pursuant to Section 2-8-5 of the Ordinance; and WHEREAS, due notice of said hearings was given in accordance with the requirements of the Evanston Preservation Commission Ordinance and all persons desiring to be heard were given opportunity to be heard; and WHEREAS, the Commission, after having heard and reviewed the nomination testimony, receiving other evidence and making a written record, found that the aforesaid lot of record and building on the Subject Property, with the original building completed in 1984, designed by Architect George Schipporeit (1933-2013) met the criteria in City Code Sections 2-8-4 (A) 3, (A) 4, and 2-8-4 (B) of the Ordinance for designation as an Evanston Landmark; and WHEREAS, at its September 11, 2018 meeting, the Commission voted to recommend that the City Council grant Evanston Landmark designation to said building on the Subject Property; and WHEREAS, at its November 13, 2018 meeting, the Commission adopted a Resolution “Requesting the City Manager to transmit the Evanston Preservation Commission’s Report and Recommendation that the City Council Designate the Building at 1225 Asbury Avenue as an Evanston Landmark” to the City Council; and WHEREAS, the Planning and Development Committee of the City Council considered and adopted the record and recommendation of the Preservation Commission at its December 10, 2018 meeting and recommended 800 of 945 160-O-18 ~3~ that the City Council designate the building on the Subject Property, as an Evanston Landmark; and WHEREAS, the City Council considered and adopted the respective records and recommendations of the Preservation Commission and the Planning and Development Committee at its December 10, 2018 and January 14, 2019 meetings, and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The above recitals are found as fact and made a part hereof. SECTION 2: Pursuant to City Code Section 2-8-5(G) of the Ordinance, the City Council hereby designates the building at 1225 Asbury Avenue as an Evanston Landmark. SECTION 3: If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provisions or applications thereof. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2018 Approved: 801 of 945 160-O-18 ~4~ Adopted:___________________, 2019 __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: _______________________________ Michelle L. Masoncup, Corporation Counsel 802 of 945 803 of 945 804 of 945 November 13, 2018 805 of 945 Page 1 of 2 CITY OF EVANSTON PRESERVATION COMMISSION 2100 Ridge Avenue, Evanston, IL 60201 (847) 866-2928; Fax: (847) 448-8120 2-8-5 APPLICATION FOR NOMINATION OF AN AREA, PROPERTY, STRUCTURE, SITE OR OBJECT FOR DESIGNATION BY ORDINANCE AS A LANDMARK OR HISTORIC DISTRICT (Please Print or Type and check applicable boxes. Attach additional 8-1/2 x 11" sheets as necessary) ˆ Historic District Nomination (for a historic district nomination submit a list for each property, structure, site or object within the proposed historic district with the information below): ˆ Landmark Nomination (for individual nomination of a property, structure, site or object submit the information below: 1. a) Street address of area, property, structure, site or object being nominated: Street # : ______________ Street Name: __________________________________________ City: ___________________ State: ___________ Zip Code: __________________________ b) Real Estate Index Number: __________________________________ Zoning: ____________ c) Original Architect/Contractor (if known): ____________________________________________ Year Built (if known): ___________ Architectural Style: ______________________________ d) Contributing significance (for historic district nomination only): ‰ Architectural ‰Historical ‰ Archaeological ‰ Cultural e) Is it within an existing historic district? (Landmark nomination only) ‰ Yes ‰ No If yes: ‰ Lakeshore ‰ Ridge ‰ Northeast Evanston: NOTE: If the nomination is for an area, property, structure, site or object with no official street address, please indicate its location on the attached city map (for a district show the proposed boundaries). 2. a) Provide Legal Description of Nominated Property (for Individual landmark nomination only) or; b) Describe proposed boundaries (for historic district nomination only): 3. Owner of record shall be established by reference to the most current property tax assessment rolls as maintained by the Assessor of Cook County. ˆ Historic District Nomination (for a historic district nomination submit a list for each property, structure, site or object within the proposed historic district with the information below): ‰ Landmark Nomination: for individual nomination of a property, structure, site or object, submit the information below): a) Name of owner(s) of record of area, property, structure, site or object being nominated: Phone #: ___________________ Fax #: ____________________ E-mail: __________________ b) (Mailing address) Street #: ___________ Street Name: _______________________________ City: ___________________________ State: _____________ Zip: _____________________ 1225 Asbury Ave Evanston Illinois 60202 George Schipporeit 1978 Modern OF THE SOUTH 60.0 FEET OF ENLARGE BLOCK A IN THE PLAT OF WINSTONS’S ENLARGED HOMESTEAD BLOCK A, BEING A CONSOLIDATION OF PARTS OF SECTION 19 TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN RECORDED IN DOCUMENT NUMBER 9739804 ON AUGUST 05, 1927 IN RECORDER’S OFFICE IN COOK COUNTY, ILLINOIS 11-19-100-035-0000 Residential Matthew Fleming 312-375-0413 4fpbwf7gaf@snkmail.com 1225 Asbury Ave Evanston Illinois 60202 806 of 945 Page 2 of 2 4. Please submit complete information as required in the Evanston Historic Preservation Ordinance, Section 2-8-4: Criteria for Designation. Provide factual information as applicable for each single item listed in Section 2-8-4. You may include documents and photographs to emphasize the significance of the nominated area, property, structure, site or object for designation by ordinance as a landmark or historic district. Use 8-1/2" x 11" attachment sheets if needed. 2-8-4: CRITERIA FOR DESIGNATION: Every nominated Landmark or District must meet two or more of the following specified criteria for designation. (A) The Commission shall limit their consideration to the following criteria in making a determination on a nomination of an area, property, structure, site or object for designation by ordinance as a Landmark or Historic District. 1. Its location as a site of a significant historic or prehistoric event or activity which may or may not have taken place within or involved the use of any existing improvements on the property; 2. Its identification with a person or persons who significantly contributed to the historic, cultural, architectural, archaeological or related aspect of the development of the City of Evanston, State of Illinois, Midwest region, or the United States; 3. Its exemplification of an architectural type, style or design distinguished by innovation, rarity, uniqueness, or overall quality of design, detail, materials, or craftsmanship; 4. Its identification as the work of an architect, designer, engineer, or builder whose individual work is significant in the history or development of the City of Evanston, the State of Illinois, the Midwest region, or the United States; 5. Its exemplification of important planning and urban design techniques distinguished by innovation, rarity, uniqueness or overall quality of design or detail; 6. Its association with important cultural or social aspects or events in the history of the City of Evanston, the State of Illinois, the Midwest region, or the United States; 7. Its location as a site of an important archaeological resource; 8. Its representation of a historic, cultural, architectural, archaeological or related theme expressed through distinctive areas, properties, structures, sites or objects that may or may not be contiguous; 9. Its unique location or distinctive physical appearance or presence representing an established and familiar visual feature of a neighborhood, community, or the City of Evanston; 10. Its exemplification of a pattern of neighborhood development or settlement significant to the cultural history or traditions of the City of Evanston, whose components may lack individual distinction. (B) Integrity of Landmarks and Districts. Any area, property, structure, site or object that meets any one or more of the criteria in Section 2-8-4(A) shall also have sufficient integrity of location, design, materials and workmanship to make it worthy of preservation or restoration. 5. a) Name of Applicant(s): ___________________________________________________________ b) Phone: ________________ Fax: __________________ E-mail: __________________________ c) Mailing Address of applicant (s) Street #: _________ Street Name: _______________________ City: ____________________ State: ______ Zip: ________ , c) Applicant(s)’ Signature: ______________________________Date: _______________________ Submit the nomination form to: Evanston Preservation Commission, 2100 Ridge Avenue, Evanston, IL 60201 For additional information contact: Carlos D. Ruiz (847) 448-8687, Fax: (847) 448-8120, E-mail: cruiz@cityofevanston.org Matthew Fleming 312-375-0413 4fpbwf7gaf@snkmail.com 04/03/2018 1225 Asbury Ave Evanston IL 60202 807 of 945 Page 1 of 11 City of Evanston Evanston Preservation Commission Report to the City Council Recommendation that the Property at 1225 Asbury Avenue Be Designated as an Evanston Landmark November 13, 2018 To the Honorable Mayor and the City Council of the City of Evanston: COMMISSION’S RECOMMENDATION The Preservation Commission recommends that the City Council designate the lot of record and building at 1225 Asbury Avenue as an Evanston landmark. The nomination meets the City Code, Section 2-8-4 Criteria for Designation (A) 3, (A) 4 and in accordance with subsection 2-8-4 (B) the building does retain sufficient integrity in design and materials, feeling and association in respect to (A) 3 and a (A) 3. 1225 Asbury Avenue 808 of 945 Page 2 of 11 BACKGROUND On May 3 and subsequently on June 26, 2018 Jolie and Matthew Fleming, owners (the “Applicants”), of 1225 Asbury Avenue, Evanston, submitted an application, nominating the lot of record and building at 1225 Asbury Avenue for landmark designation (“Subject Property”). On June 26, 2018, City staff notified Matthew Fleming of the receipt of the complete nomination, and of the public hearing scheduled on July 10, 2018. In accordance to Section 2-8-5 of the Evanston City Code of 2012, as amended (the “City Code”), the Preservation Commission (the “Commission”) conducted a public hearing on July 10, 2018, and continued the hearing to September 11, 2018. APPLICANT’S PRESENTATION At the public hearing held on July 10 and September 11, 2018, Jolie and Matthew Fleming, presented the landmark nomination as follows: The house at 1225 Asbury Avenue meets the following criteria: 2-8-4 (A) 3. Its exemplification of an architectural type, style or design distinguished by innovation, rarity, uniqueness, or overall quality of design, detail, materials, or craftsmanship. 1225 Asbury Avenue exemplifies an architectural style or type or design distinguished by innovation, rarity or uniqueness. Architect George Schipporeit (1933-2013) designed 1225 Asbury Avenue, a single family residence with dates of construction listed as 1973-1984 (permit canceled in 1977 and reopened in 1982). The house is a representative of the Modern Style. Schipporeit designed and built the house for himself, the only single family house that he designed. The house design exemplifies function over form. The house is: elegantly plain, rectilinear in form, with flat roof(s), no applied ornamentation, glass and reinforced concrete, pre-cast concrete floors and ceilings and pour concrete walls, and the plan bridges the indoors and outdoors. The house at 1225 Asbury Avenue conforms to the surrounding homes built in the 1880s in terms of setbacks, and horizontality. The exterior construction of 1225 Asbury Avenue displays flat roofs, asymmetry, horizontality, and is devoid of any applied ornamentation (classic examples of the modernist movement); it is a sculptural structure onto itself, having a feeling of regularity, rhythm, and balance. The rear of the home has extreme sensitivity to light and space, with floor to ceiling sliding doors and horizontal banded second floor windows. There are five exterior horizontal balconies and a full roof top deck, which is Schipporeit’s attempt to bridge the 809 of 945 Page 3 of 11 outdoors and indoors. 2-8-4 (A) 4. Its identification as the work of an architect, designer, engineer, or builder whose individual work is significant in the history or development of the City of Evanston, the State of Illinois, the Midwest region, and the United States. George Schipporeit is an architect of note; his individual work is significant in the history and development of the City of Evanston or the State of Illinois. George Schipporeit was an apprentice of Ludwig Mies van der Rohe and Alfred Caldwell, he considered them his mentors. As an architect he designed iconic buildings in Chicago and elsewhere. Schipporeit was also a teacher and a leader at the Illinois Institute of Technology (IIT). Born in South Dakota in 1933, he developed interest in architecture in his early 20s. He applied at IIT with particular interest in Mies Van der Rohe and in studying under him. He spent two years at IIT in the 1950s, but did not finish his studies. He was asked by Mies and Caldwell to work as an apprentice in their studio. While working in New Jersey in a residential project, he was approached by another company to work on Lake Point Tower at 505 N Lake Shore Drive in Chicago. Schipporeit and John Heinrich, a colleague from IIT became the architects of Lake Point Tower, an iconic building and the tallest apartment building at the time. Schipporeit took the licensing exam while doing the 70-story tower’s working drawings. In 1970, at the age of 37, Schipporeit formed his own firm “Schipporeit, Inc.” Schipporeit designed the State Bank Building and the 1603 Orrington, Rotary Building in Evanston, the Chicago Atrium Village and, the Asbury Building in Chicago, and the Searle Building in Skokie. While working in Evanston he purchased the site at 1225 Asbury Avenue to design and build his own residence. In the 1980’s he spent his time as a professor at IIT, as the Chairman of the Department of Architecture until his death in 2013. Schipporeit was inspired by Mi es van der Rohe and his philosophy of “Less is more.” Caldwell also influenced Schipporeit by bridging the spaces indoors and outdoors to made them feel like one continuous space. He believed in getting Architecture “back to its purest form”; spaces to be plain and getting Architecture to skin and bones.” Because of his architectural work Schipporeit received awards and was recognized by many leading organizations. Integrity: As evaluated today, the house at 1225 Asbury Avenue is in superb condition, virtually identical to the original construction and design. The only piece not consistent with the house is a non-original greenhouse, which has been removed during the restoration of the house. 810 of 945 Page 4 of 11 The interior of the house is asymmetrical with no ornamentation and following the design approach of function over form. All rooms are in right angles with varied height and enjoy natural light to maximize the bridge of the indoors with the outdoors. The house meets the integrity criteria as follows: ● Location – remains in original location ● Design – superbly intact ● Setting – virtually unchanged ● Materials – concrete, glass, steel, intact ● Workmanship – extreme attention to every detail COMMISSION’S REPORT WITH FINDINGS OF FACT Address: 1225 Asbury Avenue Dates of Construction: 1973-1984 (permit canceled in 1977 and reopened in 1982) Architect: George Schipporeit (1933-2013) The City Code Section 2-8-5 (E) requires that the Commission’s recommendation include a report with the following information: 1. Explanation of the significance or lack of significance of the nominated landmark or district as it relates to the criteria for designation; On September 11, 2018, the Preservation Commission found that the nominated property and building(s) for Landmark designation at 1225 Asbury Ave, meets criteria for landmark designation of the City Code, Section 2-8-4 (A) “Criteria for Designation” 3 and 4 as follows: 3. Its exemplification of an architectural type, style or design distinguished by innovation, rarity, uniqueness, or overall quality of design, detail, materials, or craftsmanship. The house at 1225 Asbury is representative of the Modern Style. According to the nomination “The term Modern emerged after World War I, referring to a group of architects convinced that the ways of old Europe were a failure, they rejected ornament as frivolous and outdated. Instead, they sought to create an entirely new, basic aesthetic based on the needs and opportunities of new materials and structural approaches such as reinforced concrete and steel frames. The development of the steel frame, which became a crucial aspect of Modern architecture, allowed for considerable flexibility of plan, with steel beams and girders allowing for the creation of wide interior spaces. Influential architects like Louis Sullivan (1856-1924), who had a profound effect on Modernist architects, coined the phrase form ever follows function. His idea was that the design of a building should be based on the needs of its function, not on historical ideas or precedent. By the 1930s, form follows 811 of 945 Page 5 of 11 function had become a rallying cry of Modernist architects who believed that buildings should be perfectly suited for their intended use, without unnecessary detail or extraneous decoration.” In 1932, the architect Philip Johnson (1906-2005) and the architectural historian and critic Henry-Russell Hitchcock co-curated (1903-1987) an exhibition at New York’s Museum of Modern Art (MOMA). They identified the new style with three main characteristics: 1. Emphasis on architectural volume over mass. Thin outer walls, often with windows placed flush with or very near the outer surface, could create the impression of a shell stretched taut over the frame very different from the massive appearance of a load- bearing wall pierced with openings. 2. The rejection of symmetry, which had particularly characterized architecture in the classical tradition. Hitchcock and Johnson argued that the Modernists replaced symmetry with a sense of regularity, created by a feeling for rhythm and balance. 3. Finally, the Modernists largely rejected applied decoration, with visual gratification instead being created through the use of intrinsically beautiful materials, elegant proportions, and the elements of structure itself. Renowned architects such as Ludwig Mies van der Rohe (1886-1969), a leader in the Chicago Modernist movement, along with other prominent modernist architects, strongly embodied the use of sculptural form- cubic or rectilinear, volume over mass, flat roofs, the use of reinforced concrete, metal and glass frameworks resulting in large windows and horizontal bands, a tendency for white and cream structures, balconies upon balconies and the ideal that buildings should be embedded fully in their environment. The house at 1225 Asbury Avenue is representative of the Modern Style and is in the direct lineage of the work of Mies van der Rohe and his mid-century designs. The house exemplifies the ‘less is more’ motto of Schipporeit’s former teacher and mentor. The entire composition of the house is concrete, steel and glass, or as Mies states ‘skin and bones’. It leverages what were considered structural innovations and functional innovations of the time. The composition allows for almost impossibly large balconies for every bedroom and creates a clean lined rectilinear structure- a contrasting but additive style to the nearby Victorian houses. With its flat roofs, asymmetry and horizontality, the house is a classic example of the Modernist style-- volume, not mass. The simplicity of the front facade gives a feeling of regularity, rhythm, and balance and is devoid of any applied ornamentation, molding or intruding mass. At the back of the house, the dissolution between interior and exterior spaces along with the exterior balconies and endless windows create a sense of rhythm and balance. The house is comprised of elegant proportions and the focus of the house is on the elements of the structure itself. 812 of 945 Page 6 of 11 (4) Its identification as the work of an architect, designer, engineer, or builder whose individual work is significant in the history or development of the City of Evanston, the State of Illinois, the Midwest region, and the United States. George Schipporeit (1933-2013) was born in Huron, South Dakota. He received an undergraduate degree from Purdue, and later did military service in Manhattan, Kansas. Later he studied for two years at IIT. While Schipporeit never completed graduation, he continued his architectural training working as an apprentice (1957-1960) in the office of Mies van der Rohe and Alfred Caldwell (1903-1998?). During his time under Mies, Schipporeit worked on many high-profile projects such as Lafayette Park urban development complex in Detroit. While based in New York working on the Newark high rises, Schipporeit met and impressed attorney Bill Hartnett, who was working with other companies to develop residential projects. During discussions, the Lake Point site in Chicago came up as a potential project and Hartnett offered Schipporeit and IIT alum, John Heinrich, the job, after rejecting a disappointing proposal by Perkins and Will. In 1963, at the age of 30, Schipporeit set out to work for New York developer Harnett- Shaw, Inc. and began studies for what would become the famed Lake Point Tower in Chicago in collaboration with his classmate John Heinrich. Together they poured the next seven years into its design and construction. The resulting tower was a state-of-the-art flat plate structure, taller and more efficient than any apartment tower in the city and absolutely iconic on the lakefront. The shape bore a resemblance to one of Mies’ 1922 projects for a glass skyscraper, but its Y - shaped form came from a programmatic decision to reduce an original cross-shaped plan by 25%, and its curving glass walls were designed to avoid entirely difficult corner details; in the process they provided panoramic views from every major interior space. IIT landscape architecture professor Alfred Caldwell designed a rooftop garden atop the building’s large parking podium. At the age of 37, and after much success with Lake Point Tower, Schipporeit started his own design office and continued practicing in the Modernist style throughout the 1960s and 1970s. While in private practice he was quite prolific leading the design of the following high-rise buildings: ● Chicago -- Asbury Plaza (750 N Dearborn), 445 E. Ohio, Atrium Village (300 W. Hill Street), IBM Parking Facility. ● Evanston- State National Bank in Evanston (Chase Bank- 1603 Orrington), Rotary Building (1560 Sherman), 1225 Asbury (personal residence) ● Skokie- Searle Headquarters in Skokie In each of these structures, he applied innovative technology, modernist principles- simplicity of form, functionality, geometric form, lack of ornamentation, and rejection of traditional styles. 813 of 945 Page 7 of 11 While working in Evanston, in 1973, Schipporeit purchased the lot at 1225 Asbury and began his vision for his personal residence- what some consider a Bauhaus modern home. According to friends and colleagues, building 1225 Asbury Avenue was a complicated and expensive process and riddled with some personal challenges. The permit for his personal house was canceled in 1977 and the house sat unfinished for approximately 5 years. At the age of 47, Schipporeit followed in the footsteps of his mentor, Mies, and in 1980 he became the Chairman of the Department of Architecture at IIT. During that time, he resumed the building of his personal house at 1225 Asbury Avenue. After a few starts and stops, the house was eventually completed in 1984. It remained his personal home for approximately 15 years. While a single-family residence was a departure from his other residential buildings and skyscrapers, the same modernist architectural concepts and technical innovations were applied to his personal home. Schipporeit served twice as Dean of the College of Architecture at IIT and online reports say he was “an influential teacher... with a combination of gentle guidance and authoritative knowledge.” Continuing his lifelong interest in urban design and planning, in the early 2000s he established IIT's Sustainable New Cities Specialization, a master’s degree program of which he was Director. Schipporeit taught, advised, and remained committed to his architectural passion until his death in August 2013, at the age of 80. Schipporeit’s architecture vision won him many awards, including an American Institute of Architects National Honor Award (1970) for Lake Point Tower, and the American Institute of Architects Chicago Chapter 25-Year Award, also for Lake Point Tower, which honors "design of enduring significance." His work has been widely recognized for his contribution to the modernist movement in Chicago. It is without doubt that Schipporeit’s individual work is significant in the history or development of the City of Evanston and the State of Illinois. 2. Explanation of the integrity or lack of integrity of a nominated landmark or district; (B) Integrity of Landmarks and Districts. Any district, site, building, structure, or object that meets any one or more of the criteria in Subsection 2-8-4(A) shall also possess sufficient integrity of location, design, setting, materials workmanship, feeling, and association to convey its historic significance. The National Register traditionally recognizes a property's integrity through seven aspects or qualities: location, design, setting, materials, workmanship, feeling, and association. 1225 Asbury Avenue meets the primary standards as set out by the National Park Service: ● Integrity of location refers to whether the property has been moved or relocated since its construction. The property at 1225 remains in its original location. 814 of 945 Page 8 of 11 ● Integrity of Design is the consistency and composition of elements that constitute the form, plan, space, structure, and style of a property. The only design element that has changed since building inception is the addition of a greenhouse which is presently being removed. ● Integrity of Setting refers to the physical environment of a historic property that illustrates the character of the place. The integrity of the property surroundings has remained virtually unchanged. ● Integrity of Materials. Materials are the physical elements combined in a particular pattern or configuration to form the aid during a period in the past. The integrity of materials has also been fully maintained. The original materials of concrete, steel and glass remain intact. ● Integrity of Workmanship. Workmanship is the physical evidence of the crafts of a particular culture or people during any given period of history. The original workmanship and extreme attention to detail in the glass, steal placement and concrete construction is outstanding and remains untouched. 3. Identification of critical features of the nominated landmark or areas, properties, sites and objects in a nominated district to provide guidance for review of alteration, construction, demolition or relocation; FRONT WEST ELEVATION ● Two-story single family residence 815 of 945 Page 9 of 11 ● Asymmetrical front elevation ● Precast concrete exterior walls ● Ground level main entrance on the right south side ● Circled roof opening above main entrance area ● Projecting exterior south wall on south elevation ● Projecting second-story opened and covered balcony with floor to ceiling fenestration on exterior wall ● Flat roofs EAST REAR ELEVATION ● Asymmetrical rear east facade ● Ground level floor to ceiling fenestration ● Second floor projecting open-covered balcony with floor to ceiling glass and metal fenestration wall on south side ● Glass and metal window band on north side ● Open terrace on north half ● Flat roofs 816 of 945 Page 10 of 11 4. Proposed design guidelines, if any, for review of alteration, construction, demolition or relocation; If designated as Evanston landmark, the building at 1225 Asbury Avenue would be subject to review for exterior work requiring a permit and when visible from the public way under the City Code Section 2-8-9 Standards for Review of Alteration, Construction, Relocation and Demolition. 5. A map showing the location of the nominated landmark CONCLUSION/RECOMMENDATION The Preservation Commission recommends to City Council the landmark designation by ordinance of the lot of record and building at 1225 Asbury Avenue with reference to criteria 2-8-4 (A) 3 Its exemplification of an architectural type, style or design distinguished by innovation, rarity, uniqueness, or overall quality of design, detail, materials, or craftsmanship, and 2-4-8 (A) 4 Its identification as the work of an architect, designer, engineer, or builder whose individual work is significant in the history or 817 of 945 Page 11 of 11 development of the City of Evanston, the State of Illinois, the Midwest region, and the United States. The Commission concludes that the building and site does retain sufficient integrity per criterion 2--8-4 (B) Integrity of Landmarks and Districts. “Any district, site, building, structure, or object that meets any one or more of the criteria in Subsection 2 -8-4(A) shall also possess sufficient integrity of location, design, setting, materials workmanship, feeling, and association to convey its historic significance,” to convey its feeling and association relative to 2 -4-8 (A) 3 and 4. LINKS: 1225 Asbury Avenue Landmark Nomination 1225 Asbury Avenue Landmark Nomination Presentation 818 of 945 APPROVED Preservation Commission Page 1 of 3 MEETING MINUTES (EXCERPT) EVANSTON PRESERVATION COMMISSION Tuesday, July 10, 2018, Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2800 7:00 P.M. Members Present: Robert Bady, Elliott Dudnik, Julie Hacker, Sally Riessen Hunt, Ken Itle, Suzi Reinhold, Mark Simon, Karl Vogel and Diane Williams Members Absent: Jamie Morris, and Tim Schmitt, Staff Present: Scott Mangum, Planning & Zoning Administrator Carlos Ruiz, Senior Planner/Preservation Coordinator Presiding Member: Diane Williams, Chair CALL TO ORDER / DECLARATION OF QUORUM Chair Williams called the meeting to order at 7:09 pm with a quorum present. NEW BUSINESS D. PUBLIC HEARINGS - 1225 Asbury Av. (RHD) – Matthew Fleming, owner/applicant. Nomination for landmark designation of the single-family residence at 1225 Asbury Av. designed by George Schipporeit and built in 1978. Commissioner Riessen Hunt made a motion to open the public hearing for 1225 Asbury Avenue, seconded by Commissioner Dudnik. The motion passed 9-0. Matt and Jolie Fleming presented the nomination for 1225 Asbury Av. for landmark designation. Matt Fleming said they were surprised to learn that the house was not a landmark. It is listed as non-contributing to the Ridge Historic District because it was built after the District’s period of significance. Evanston landmark designation is the first step for the National Register. Mr. Fleming indicated that the house meets following criteria for landmark designation: 819 of 945 APPROVED Preservation Commission Page 2 of 3 Criterion 2-8-4 (A) 2: Architect George Schipporeit designed the house as his home. He also designed notable buildings in Evanston, including the Chase Bank Tower (1603 Orrington) and the Rotary International Building. Criterion 2-8-4 (A) 3: George Schipporeit was a student of Mies van der Rohe, and his practice applied Mies’ “less is more” design ethic. The house’s exterior is stucco, and the interior walls are poured in place concrete. The house stands out in the neighborhood among the 19th Century homes, and its rarity and location contribute to its unique character. Criterion 2-8-4 (A) 4: George Schipporeit was also an architecture professor and department chair at IIT. His most recognized work is Chicago’s Lake Point Tower, which he co-designed. Schipporeit also won awards for his architectural designs of other major building projects, including Asbury Plaza and Atrium Village, both located in Chicago. Criterion 2-8-4 (B) Schipporeit started building the house in 1973, and construction stopped in 1977. He lost and then reacquired the property in 1982. The house was completed in 1984. The integrity of the house is the same as it was designed and built. The existing non-original green house is being removed as part of ongoing interior improvements. Chair Williams said the Commission is enthusiastic about this nomination but would like to have additional information to satisfy the ordinance criteria under section (A) and have the nomination specifically address the house’s integrity as required in section (B). Chair Williams suggested Mary McWilliams as a good resource for additional information to support the nomination. Commissioner Hacker agreed and also suggested Susan Benjamin, a preservation consultant, who could help to with architectural language. Commissioner Dudnik agreed that more information about the house should be included in the nomination. The Commission asked the applicants to return with a more detailed nomination. Commissioner Dudnik moved to continue the hearing for landmark nomination of 1225 Asbury Avenue to the Commission’s September 11, 2018 meeting , seconded by Commissioner Bady. The motion passed unanimously 9-0. ADJOURNMENT Commissioner Hacker made a motion to adjourn the meeting at 11:30 pm on July 10, 2018, seconded by Commissioner Bady. The motion passed unanimously 9-0. 820 of 945 APPROVED Preservation Commission Page 3 of 3 Respectfully Submitted, Carlos D. Ruiz Senior Planner/Preservation Coordinator 821 of 945 APPROVED Page 1 of 2 MEETING MINUTES (EXCERPT) EVANSTON PRESERVATION COMMISSION Tuesday, September 11, 2018, Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2800 7:00 P.M. Members Present: Julie Hacker, Ken Itle, Suzi Reinhold, Jamie Morris, Mark Simon, and Diane Williams Members Absent: Tim Schmitt, Robert Bady, Elliott Dudnik, Sally Riessen Hunt, and Karl Vogel Staff Present: Scott Mangum, Planning & Zoning Administrator Presiding Member: Diane Williams, Chair 1. CALL TO ORDER / DECLARATION OF QUORUM 7:05 pm 2. OLD BUSINESS C. PUBLIC HEARING - 1225 Asbury Av. (RHD) – Matthew Fleming, owner/applicant. Nomination for landmark designation of the single family residence at 1225 Asbury Av. designed by George Schipporeit and built in 1978 (Continued from July 10, 2018). Commissioner Hacker motioned to reopen public hearing, seconded by Commissioner Reinhold. The motion passed 6 ayes, 0 nays. Jolie and Matt Fleming, applicants presented the documents submitted for landmark nomination:  Overview of experts consulted and materials submitted.  Described significance of architect, George Schipporeit (2-8-4.A.4).  Described significance of the home (2-8-4.A.3).  Described integrity of the home (2-8-4.B). Chair Williams stated that they are excited about the nomination and for bringing it back to the Commission with the additional information. 822 of 945 Page 2 of 2 Commissioner Reinhold motioned to recommend landmark designation for the property at 1225 Asbury Avenue and to direct staff to prepare a report and resolution to transmit the report and resolution, seconded by Commissioner Itle. The motion passed 6 ayes, 0 nays. Commissioner Hacker motioned to close the public hearing, seconded by Commissioner Simon. The motion passed 6 ayes, 0 nays. 7. ADJOURNMENT Commissioner Hacker made a motion to adjourn the meeting at 9:19 pm, seconded by Commissioner Simon. The motion passed 6 ayes, 0 nays. Respectfully submitted, Scott Mangum Planning and Zoning Administrator Next Meeting: TUESDAY, October 9, 2018 at 7:00 P.M. (Subject to change) 823 of 945 NOT YET APPROVED Page 1 of 2 MEETING MINUTES (EXCERPT) EVANSTON PRESERVATION COMMISSION Tuesday, November 13, 2018, Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2800 7:00 P.M. Members Present: Robert Bady, Elliott Dudnik, Julie Hacker, Suzi Reinhold, Tim Schmitt, Mark Simon, and Karl Vogel Members Absent: Jamie Morris, Sally Riessen Hunt, Ken Itle, and Diane Williams, Staff Present: Scott Mangum, Planning & Zoning Administrator Carlos D. Ruiz, Preservation Coordinator Presiding Member: Mark Simon, Acting Chair 1. CALL TO ORDER / DECLARATION OF QUORUM 7:07 pm 3. OLD BUSINESS A. 1225 Asbury Av. (RHD) – Matthew & Jolie Fleming, applicants. Consideration and approval of the Commission’s report recommending City Council approval of landmark designation and adoption of resolution asking the City Manager to transmit the Commission’s report to City Council (Continued from the 9/11/2018 meeting). With no further discussion on the Commission’s report regarding 1225 Asbury Avenue for landmark designation, Commissioner Reinhold moved to approve the Commission’s report and recommend the report to City Council for approval of the landmark designation for 1225 Asbury Avenue, seconded by Commissioner Bady. The motion passed 7-0. Commissioner Reinhold made a motion to approve the Commission ’s resolution and to send it for recommendation to the City Council, for 1225 Asbury Avenue, seconded by Commissioner Bady. The motion passed 7-0. 7. ADJOURNMENT Commissioner Reinhold made a motion to adjourn the meeting at 9:50 pm, seconded by Commissioner Bady. The motion passed 7ayes, 0 nays. Respectfully submitted, 824 of 945 Page 2 of 2 Carlos D. Ruiz Preservation Coordinator 825 of 945 For City Council meeting of December 10, 2018 Item P5 Ordinance 112-O-18 Application for Major Zoning Relief for Building Lot Coverage, Setbacks, and Open Parking at 2626 Reese Ave. For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Johanna Leonard, Director of Community Development Scott Mangum, Planning & Zoning Administrator Melissa Klotz, Zoning Planner Subject: Ordinance 112-O-18 Granting Major Zoning Relief for Building Lot Coverage, Setbacks, and Open Parking at 2626 Reese Ave. Date: November 29, 2018 Recommended Action City staff recommends adoption and the Zoning Board of Appeals recommends denial of Ordinance 112-O-18 for major zoning relief for 42.5% building lot coverage where a maximum 30% is allowed, a 3’ south interior side yard setback where 5’ is required for the principal structure, a 3.5’ street side yard setback where 15’ is required for the principal structure, an 8.5’ street side yard setback where 15’ is required for a deck, a 10’ street side yard setback where 15’ is required for a detached garage, and a 1’ street side yard setback where 15’ is required for open parking, in the R1 Single Family Residential District. The Zoning Board of Appeals determined the proposal does not meet all Standards for Major Variation, specifically that the proposal would result in a substantial adverse impact on the use, enjoyment or property values of adjoining properties, and that the requested variations are not the least deviation from the applicable regulations among the feasible options identified. This item was held in committee at the November 12, 2018 Planning and Development Committee meeting. Since the meeting the applicant has met with staff and expressed that he would submit multiple revised options to construct a single family dwelling on the lot. The applicant intends to invite neighbors to a meeting with staff where the neighbors could offer input about the revised options prior to returning to the Planning and Development Committee in January. Therefore, staff recommends that the Planning and Development Committee table this item until January 14, 2019. Livability Benefits Built Environment: Provide People-Friendly Streets, Buildings, Parks, and Neighborhoods Memorandum 826 of 945 2 Summary 2626 Reese is a vacant corner lot that is substandard with a lot width of 25’ and lot size of 3,325 square feet, where 35’ and 7,200 square feet would be required respectively for a newly created lot. The lot has existed as a platted buildable property since at least 1960. The applicant proposes to construct a moderate-sized two-bedroom (plus one additional bedroom in the basement), 2.5 bathroom, 23.7’ tall single family residence and one-car detached garage with one open parking space. The request includes the following zoning relief: Required Proposed Building Lot Coverage 30% maximum 42.5% Street Side Yard (principal structure, deck, garage, open parking) 15’ minimum 3.5’ (principal structure) 8.5’ (deck) 10’ (garage) 1’ (open parking) Interior Side Yard Setback (principal structure) 5’ 3’ The proposed house complies with the averaged required front yard setback on Reese Ave. at 19.5’ as well as the required rear yard setback and all other zoning regulations. The applicant designed the proposed house to be smaller in bulk and height than typical new construction single family residences to minimize impact on neighboring properties, and to fit contextually with the neighborhood’s existing housing stock. The proposed house is located 3’ from the south interior side property line where 5’ is required, which allows for window and door openings that meet building codes. 3’ interior side yards for substandard lots in Evanston are typical. The proposed house is located 3.5’ from the street side yard (Hartzell St.) property line, which is approximately 1’ from the public sidewalk, for a total distance from the house to the sidewalk of 4.5’. The main 827 of 945 3 entrance to the house is recessed so that the porch does not protrude closer to the Hartzell St. property line. The proposed deck, detached one-car garage, and open parking space are all within the street side yard setback (Hartzell St.) but are minimized to the extent possible while maintaining an appropriate and usable site layout. The open parking variation is needed because neighbors previously expressed concern about sight line visibility for vehicles and pedestrians navigating the alley intersection, and suggested an open parking space instead of larger garage in that area. The applicant worked extensively with staff to modify the house bulk to address neighbor concerns while also minimizing necessary variations. The applicant modified the proposal multiple times with an end result of eliminating one second floor bedroom and combining the kitchen and formal dining room into an eat-in kitchen to reduce the building footprint. The gambrel roofline allows for minimal bulk for a second story while allowing adequate head-height for habitable second floor space. The house features a peak height of 23.7’, which is comparable to other properties. Staff is aware of concerns from neighboring property owners including the size and bulk of the structure, reduced setbacks, and potential flooding issues due to ponding on the currently vacant property after heavy rain storms. Legislative History Current Proposal: September 25, 2018: The ZBA unanimously recommended denial, specifically citing that the proposal would result in a substantial adverse impact on the use, enjoyment or property values of adjoining properties, and that the requested variations are not the least deviation from the applicable regulations among the feasible options identified. The ZBA was unable to reach a consensus on how the applicant could further minimize the variations, size, or bulk of the proposed single family residence. Concerns varied among ZBA Members, ranging from the south interior side yard setback, street side yard setback, building lot coverage, open parking space, and bulk of the house. 828 of 945 4 Recommendation: Unanimous denial 2017 Proposal: The applicant (current property owner) proceeded to the ZBA with variation requests for: Required Proposed Building Lot Coverage 30% maximum 37.9% Street Side Yard (principal structure, garage, porch) 15’ minimum 13.5’ minimum (porch) 4’ (principal structure) 3’ (garage) 1’ (porch) Accessory Structure Location (garage) Not closer to the street than the house 1’ closer to the street than the house The proposal was for a three-bedroom, 2.5 bathroom, 29.6’ tall single family residence with a hip roof. The proposal did not include an open parking space variation, therefore the ZBA was the final determining body. The case was met with significant neighborhood opposition and was ultimately denied by the ZBA, which determined the variations requested were not the minimum change necessary and could be minimized more if the house and garage were made smaller, which would also make the house similar in size and bulk to the rest of the neighborhood. 2016 Proposal: The applicant (previous property owner; intended to be owner occupied) proposed 10 variations for zoning relief to construct a three-bedroom, three-bathroom, 35’ tall single family residence. 829 of 945 5 The proposal was met with significant neighborhood opposition (as well as some support) that made the owner uncomfortable with the neighborhood dynamic, so the owner ultimately withdrew the request prior to the ZBA hearing and sold the property (to the current applicant). Opposed neighbors felt the property should either feature a smaller house similar to the existing surrounding housing stock, or should not feature a house at all. Attachments Proposed Ordinance 112-O-18 Letters of Opposition submitted at/after ZBA September 25, 2018 ZBA Meeting Minutes Excerpt ZBA Findings September 25, 2018 ZBA Packet 830 of 945 9/17/2018 112-O-18 AN ORDINANCE Granting Major Variations at 2626 Reese Avenue in the R1 Single-Family Residential Zoning District WHEREAS, William James (the “Applicant”), contractor of the property commonly known as 2626 Reese Avenue (the “Subject Property”), located within the R1 Single-Family Residential Zoning District and legally described in Exhibit A, attached hereto and incorporated herein by reference, submitted an application seeking approval of Major Variations to construct a single family residence and detached garage and related zoning requirements imposed by Subsections 6-8-2-7, 6-8-2-8(A)(3), 6-8-2- 8(A)(2), and 6-8-2-8(C)(2) of Title 6 of the Evanston City Code of 2012, as amended (“the Zoning Ordinance”); and WHEREAS, the Applicant requests the following Major Variations related to the Subject Property: (1) Have a building lot coverage of 42.5% where 30% is permitted on the Subject Property pursuant to City Code Subsection 6-8-2-7; (2) Reduce the minimum required south interior side yard setback from five (5) feet to three (3) feet pursuant to City Code Subsections 6-8-2-8(A)(3); (3) Reduce the required street side yard setback on Hartzell Street from fifteen (15) feet to three and a half (3.5) feet for the principal structure pursuant to City Code Subsection 6-8-2-8(A)(2); (4) Reduce the required street side yard setback from fifteen (15) feet to eight and a half (8.5) feet for a deck pursuant to City Code Subsection 6-8-2-8(C)(2); 831 of 945 112-O-18 ~2~ (5) Reduce the required street side yard setback from fifteen (15) feet to ten (10) feet for an accessory structure pursuant to City Code Subsection 6-8-2-8(C)(2); and (6) Reduce the required street side yard setback from fifteen (15) feet to one (1) foot for open parking pursuant to City Code Subsection 6-8-2-8(C)(2); and WHEREAS, on September 25, 2018, the Zoning Board of Appeals (“ZBA”), pursuant to proper notice, held a public hearing in case no. 18ZMJV-0078 to consider the application, received testimony, and made written records and findings that the application did not meet the standards for Major Variations set forth in Subsection 6- 3-8-12-(E) of the Zoning Ordinance and recommended City Council denial thereof; and WHEREAS, at its meeting of November 12, 2018, the Planning and Development (“P&D”) Committee of the City Council considered the ZBA’s recommendation, and recommended City Council approve the Major Variations, as requested; and WHEREAS, at its meetings of November 12, 2018 and November 26, 2018, the City Council considered and adopted the recommendation of the P&D Committee, NOW, THEREFORE, BE IT ORDAINED 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 Council hereby adopts the P&D Committee’s records, findings, and recommendations, and hereby approves, pursuant to Subsection 832 of 945 112-O-18 ~3~ 6-3-8-10-(D) of the Zoning Ordinance, the Major Variations on the Subject Property applied for in case no. 18ZMJV-0078 and described hereinabove. SECTION 3: The Major Variations approved hereby are as follows: (A) To permit a building lot coverage of 42.5% on the Subject Property. Subsection 6-8-2-7 of the Zoning Ordinance requires a maximum building lot coverage of thirty percent (30%) on the Subject Property. (B) To permit a south interior side yard setback of three (3) feet. Subsections 6-8-2- 8(A)(3) requires a minimum five (5) foot south interior side yard setback on the Subject Property. (C) To permit a three and a half (3.5) foot street side yard setback on Hartzell Street for the principal structure. Subsection 6-8-2-8(A)(2) requires a minimum fifteen (15) foot street side yard setback on the Subject Property. (D) To permit an eight and a half (8.5) foot street side yard setback on the Subject Property. Subsection 6-8-2-8(C)(2) requires a minimum fifteen (15) feet for a deck on the Subject Property. (E) To permit a ten (10) foot street side yard setback for the accessory structure. Subsection 6-8-2-8(C)(2) requires a minimum fifteen (15) foot street side yard setback for an accessory structure on the Subject Property. (F) To permit a one (1) foot street side yard setback for open parking on the Subject Property. Subsection 6-8-2-8(C)(2) requires a fifteen (15) foot street side yard setback for open parking on the Subject Property. SECTION 4: Pursuant to Subsection 6-3-8-14 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Major Variations granted hereby, violation of any of which shall constitute grounds for penalties or revocation thereof pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: (A) Compliance with Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with all applicable legislation, with the testimony and representations of the Applicant to the ZBA, the P&D Committee, and the City Council, and the approved plans and documents on file in this case. (B) Recordation: The Applicant shall, at its cost, record a certified copy of this ordinance, including all Exhibits attached hereto, with the Cook County Recorder of Deeds, and provide proof of such recordation to the City, before the City may issue any construction permits pursuant to the Major Variation authorized hereby. 833 of 945 112-O-18 ~4~ SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 6: Except as otherwise provided for in this ordinance, all applicable regulations of the Zoning Ordinance and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 9: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 10: The findings and recitals herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 834 of 945 112-O-18 ~5~ Introduced:_________________, 2018 Adopted:___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: _______________________________ Michelle L. Masoncup, Corporation Counsel 835 of 945 112-O-18 ~6~ EXHIBIT A Legal Description LOT 1 IN BLOCK 5 IN BROWN AND CULVER'S ADDITION TO NORTH EVANSTON, IN GEORGE SMITH'S SUBDIVISION IN SECTION 33, TOWNSHIP 42 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 05-33-429-007-0000 Commonly Known As: 2626 Reese Avenue, Evanston, Illinois. 836 of 945 Page 1 of 5 Zoning Board of Appeals APPROVED MEETING MINUTES EXCERPT ZONING BOARD OF APPEALS Tuesday, September 25, 2018 7:00 PM Civic Center, 2100 Ridge Avenue, G300 Members Present: Lisa Dziekan, Violetta Cullen, Mary Beth Berns, Myrna Arevalo, Scott Gingold, Mary McAuley, Kiril Mirintchev Members Absent: Staff Present: Scott Mangum, Melissa Klotz Presiding Member: Mary Beth Berns 2626 Reese Ave. 18ZMJV-0078 William James, contractor, applies for major zoning relief to construct a single family residence and detached garage in the R1 Single Family Residential District. The applicant requests 42.5% building lot coverage where a maximum 30% is allowed (Zoning Code Section 6-8-2-7), a 3’ south interior side yard setback where 5’ is required for the principal structure (Zoning Code Section 6-8-2-8-A-3), a 3.5’ street side yard setback (Hartzell Street) where 15’ is required for the principal structure (Zoning Code Section 6-8-2-8-A-2), an 8.5’ street side yard setback where 15’ is required for a deck, 10’ street side yard setback where 15’ is required for the accessory structure (detached garage) and a 1’ street side yard setback where 15’ is required for open parking (Zoning Code Section 6-8-2-8-C-2). The Zoning Board of Appeals is the recommending body, and the City Council is the determining body for this case. Ms. Klotz read the case into the record, and noted 6 additional letters of opposition were passed out at the beginning of the hearing. Matt Rodgers, consultant, explained the proposal: ● Proposal includes a lower building height with less massing to match the rest of the neighborhood ● Front porch is now recessed in to eliminate a variation ● Garage has been reduced to a 1-car garage to improve sight lines to the alley as requested by neighbors ● A 2 bedroom house is quite modest. ● The first floor is as small as possible, with a family room and eat-in kitchen. There is no dining room, no mudroom, etc. Mr. Gingold noted two big concerns: drainage and water runoff onto the sidewalk with such a small street side yard setback, and construction so close to a neighboring home. Mr. Rodgers explained by constructing a home on the property, stormwater runoff can be designed to direct water to certain areas. In this case, a splash pad will be constructed under the deck to send the water towards that. Other options will be 837 of 945 Page 2 of 5 Zoning Board of Appeals considered in conjunction with City staff. Chair Berns stated the stormwater issue will be addressed by City staff in the permit process, which is rigorous for new construction such as this. Ms. McAuley asked if the civil engineering information will be provided to the immediate neighbor, and Mr. Rodgers agreed it would be. Ms. Klotz explained the current proposal is 66 square feet smaller than the previous proposal for this property, excluding garages/parking. Mr. James stated he does not have a sale price set for this home yet, but expects approximately $360,000 based on the square footage. Kit Newman, 2833 Hartzell, explained most properties in the area have one-story bungalows. Street parking is difficult because people from Central St. park in the neighborhood. It is better that they have 2 parking spaces on site. Richard Horsting, 2624 Reese Ave., stated he took the photos of the rain ponding on the property some time in July, and then submitted a packet of information. Mr. Horsting explained the variations requested are up to 94% over the requirements. The structural engineer Mr. Horsting discussed the proposal with determined there would be structural damage to his house if construction is done that close to the property line. The building lot coverage proposed is far higher than the surrounding homes, and Mr. James overstated what the building lot coverage of adjacent homes are. The house would be a total of 5’9” from Mr. Horsting’s house. Dawn Larbalestier, 2627 Lincolnwood Dr., stated drainage is a concern. There is flooding in the neighborhood. The alley visibility is a concern too. Ms. Larbalestier submitted a copy of the flyer that was distributed to neighbors, which is different than what is within the ZBA packet. Colleen Barkley, 2622 Reese Ave. has concerns about water since her property has a wet basement. The roots of a large heritage oak that is near the property would be impacted by the garage. Andrew Naidech, 2619 Lincolnwood Dr. has concerns about the sight line from the alley even with the 1-car garage. Just a parking pad is better. Also, there are ground contaminants at the property that become long term health issues for occupants. Ms. McAuley asked staff if a Phase 1 Environmental study is required, and Ms. Klotz responded that is typically not required for single family construction, but could not speak to whether it is a requirement for properties with known contamination. If that is a concern, the ZBA could recommend it is as a condition for approval. Lila Kirkpatrick, 2904 Hartzell St., asked how the house is considered a 2-bedroom house when there is clearly a bedroom in the basement even though it is labeled as an office. Chair Berns clarified basement bedrooms are not considered bedrooms in real estate terms, regardless of how they are labeled on the plans. 838 of 945 Page 3 of 5 Zoning Board of Appeals Mark Newman, 2833 Hartzell St., stated half the block of Hartzell St. is 2-3 feet narrower than other streets and has a lot of traffic. A large SUV parked on that parking pad will make it much more dangerous for people navigating the alley. Ms. Klotz confirmed the lot is considered a buildable lot because it is already platted, but building is subject to the requirements of the Zoning Ordinance or variation approval. Beth Paradi, 2907 Lincolnwood Ave., stated the width of the house is too much for the lot. 3’ setbacks are not enough. Nancy Crain stated her property would be impacted by additional stormwater runoff. All regulations should be upheld. Kathy Miller, 2831 Hartzell St., submitted a petition of opposition signed by neighbors. Ms. Miller also noted it is disingenuous for a builder to say they don’t know how much they would market the house for. Trees, including street trees, will be severely impacted when the basement is dug and root structures are disturbed. Too many variations that are too large are requested. Scott Kirkpatrick, 2904 Hartzell St., stated nothing has changed. The house is 3.4% smaller, which is not a significant change. Mr. James confirmed the first floor is 925 sq. ft., which is 11 square feet smaller than the last proposal. The second floor is significantly smaller due to the gambrel roof and reduced head height. Mr. Rodgers stated drainage concerns will be addressed in the permit process. There is no building by right on this property, but the City has stated it is a buildable lot with variations. Lifestyles have changed in the last 100 years since the other homes in the neighborhood were built, and people expect certain things in new construction today. The lot is legally nonconforming and substandard, which is a clear hardship. The gambrel roof reduced the bulk so the house fits appropriately with the neighborhood. The roofline starts stepping back at a height of 13’. It is understandable that the neighborhood enjoys the property as open space, but the highest and best use of the property is this appropriate single family residence. Mr. Horsting noted it is disturbing that a house extending 12’ further back than his own house would not impact his yard when people are in that house on the second floor looking into his backyard. Deliberation: Ms. Dziekan asked staff to elaborate on the concerns, comments, and recommendations raised by staff and DAPR with this proposal. Ms. Klotz stated she worked with Mr. James on multiple site plans and re-stated neighbor concerns until the proposal was scaled back to the extent possible to address the concerns. Mr. Mangum added the DAPR minutes are included in the packet and DAPR agreed the variations 839 of 945 Page 4 of 5 Zoning Board of Appeals were minimized to the extent possible given the 25’ lot width and the need for variations for the construction of any house. Mr. Gingold agreed, and commended the applicant for listening to previous concerns and addressing those, but also noted the first floor footprint is only 11 square feet smaller. The lot is buildable, but the house could be smaller and the side yard setbacks are extremely small. The spirit of the open parking space increasing the sight line is there, but if there is an SUV there then the sight line is disrupted. Ms. Cullen agreed. Ms. Dziekan asked ZBA Members who are architects to explain if they think the variations proposed are the minimum change necessary. Mr. Mirintchev stated this proposal is significant progress that reduced the bulk of the structure, but there is still room for improvement. The lot is difficult. The biggest problems are the side yard setback to the neighbor and the overall building footprint. The other variations are reasonable. A significant portion of the footprint is the staircase, which is luxurious. The design should shrink the width of the staircase to reduce the footprint and width of the house. Those two variations are issues that could be further minimized. Ms. Arevalo stated the lot only has a 5’ buildable area with the setbacks taken into account. That is obviously not feasible. The staircase is 3’ wide or maybe 3’2” on the interior, which is not luxurious. The alley sight triangle is 10’ and is conforming by City standards and any traffic engineer. As long as that is met, she supports the project. Mr. Gingold noted the aerial view of the neighborhood provided in the ZBA packet shows that the other houses in the area are more modest. The length of the house is overreaching. The side yard setbacks would be more appropriate if the length of the house was shortened to be similar to other existing homes. Ms. Cullen stated something should be built on the lot, but this may not quite be the right proposal. Chair Berns stated she is less concerned about the side yard setback to the neighbor because that is typical throughout the city, and is oftentimes less distance between two houses. The larger issue is the street side yard setback and distance to the sidewalk, which affects the entire neighborhood. The staircase is a bit more generous than it must be. Overall, the applicant did a nice job of working through the issues as best possible given the lot, but a few more adjustments are needed. Ms. Dziekan stated that between staff, DAPR, neighbors, and the ZBA, there is no clear path provided to the builder. Mr. Gingold agreed, noting the applicant did listen to the concerns and addressed them as best he could given the myriad of concerns raised by everyone. Standards: 1. No, because of the closeness of the house to the sidewalk. (Gingold - and the groundwater issue if it is not properly addressed). 840 of 945 Page 5 of 5 Zoning Board of Appeals 2. Yes 3. Yes 4. Yes 5. No 6. Yes 7. No, there is a little more that can be reduced with the side yard setbacks and building lot coverage. Ms. McAuley motioned the ZBA recommend denial to City Council, which was seconded by Ms. Cullen and unanimously recommended for denial. The meeting adjourned at 9:10 pm. 841 of 945 F I N D I N G S FOR STANDARDS OF V A R I A T I O N S After conducting a public hearing on September 25, 2018, the Zoning Board of Appeals makes the following findings of fact, based upon the standards for major variances specified in Section 6-3-8-12 of the City Code: Standard Finding (A) The requested variation will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties; _______Met __X__Not Met 7-0 (B) The requested variation is in keeping with the intent of the zoning ordinance; ___X___Met _____Not Met 7-0 (C) The alleged hardship or practical difficulty is peculiar to the property; ___X___Met _____Not Met 7-0 (D) The property owner would suffer a particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out; ___X___Met _____Not Met 7-0 (E) The purpose of the variation is not based exclusively upon a desire to extract additional income from the property; or there ___X___Met _____Not Met 7-0 Case Number: 18ZMJV-0078 Address or Location: 2626 Reese Ave. Applicant: William James Proposed Zoning Relief: 42.5% building lot coverage, 3’ south interior side yard setback, 3.5’ street side yard setback, 8.5’ street side yard setback for a deck, 10’ street side yard setback for a garage, 1’ street side yard setback for open parking; all for a new single family residence. 842 of 945 is a public benefit; (F) The alleged difficulty or hardship has not been created by any person having an interest in the property; __X___Met _____Not Met 7-0 (G) The requested variation is limited to the minimum change necessary to alleviate the particular hardship or practical difficulty which affects the property; ______Met __X__Not Met 7-0 And, based upon these findings, and upon a vote of 7 in favor of denial & 0 against Recommends to the City Council Approval X Denial Attending: Vote: (for denial) Aye No X Violetta Cullen X X Mary Beth Berns X X Lisa Dziekan X X Kiril Mirintchev X X Scott Gingold X X Myrna Arevalo X X Mary McAuley X 843 of 945 For Planning and Development Committee meeting of December 10, 2018 Item PD1 Owner-Occupancy Requirement for Rental of ADUs/Coach Houses to Non-Family For Discussion To: Members of the Planning and Development Committee From: Johanna Leonard, Community Development Director Sarah Flax, housing and Grants Administrator Subject: Requiring Owner Occupancy When Single Family Homes With Accessory Dwelling Units/Coach Houses Involve Rental to Non-Family Members Date: December 10, 2018 Summary: At the request of Alderman Eleanor Revelle, staff prepared the following background information to inform a discussion relating to owner-occupancy requirements as a condition of allowing rental of accessory dwelling units (ADUs)/coach houses to non- family members of the primary dwelling unit. Staff seeks further direction from the Planning & Development Committee relating to the addition of any potential regulations to address this discussion item at future meetings. To address the need for affordable housing and to expand the availability of rental housing choices in R1 and R2 districts, City Council approved Ordinance 47-O-18, amending the Zoning Ordinance to modify the definition of a Coach House to allow the rental of accessory dwelling units to individuals who are not members of the family living in the primary dwelling unit on May 14, 2018. Staff has developed the process to register and inspect existing ADUs/coach houses for rental to non-family members. On November 19, 2018, City Council approved the fee and fine schedule for this process, and established a 90-day amnesty period that ends April 1, 2019 during which all unregistered dwelling units currently being rented, including ADUs/coach houses, could be registered without incurring fines. Information about the new rental registration process and fee schedule will be launched by January 1, 2019. One of the primary goals of requiring that either primary dwelling unit or the ADU is owner-occupied is to help maintain the character of single-family residential neighborhoods that are primarily owner-occupied. Another reason for allowing the rental of ADUs to non-family members is to generate income for the property owner in order to afford property taxes and maintenance costs. In addition, an owner-occupied property (the real estate asset) is more likely to be maintained at a higher level than a rental property. Memorandum 844 of 945 AARP’s Accessory Dwelling Units, Model State Act and Local Ordinance Code, developed by the American Planning Association, includes the following for State Acts: E. Requiring Owner Occupancy (pp. 18-19) Based on the finding of this act, that premises with owner-occupants are better maintained, the legislature declares that a municipal regulation requiring properties with ADUs to be owner occupied, either in the accessory unit or the principal unit, prevents deterioration of neighborhoods and is a regulation substantially related to land-use impact. Such a requirement is, therefore, a regulation of land use rather than a regulation of the user of land. Note: Courts may rule that a community has no zoning authority to require that a site with an ADU be occupied by the owner, on the basis that this regulates the land user rather than the land use (Ziegler 1995, 56.4-8). However, on July 29, 1996, a California appeals court issued the only published court decision (issued by a court higher than a trial court) addressing the owner-occupancy requirement in the contest of ADUs….The Soundhein case means that the owner-occupancy requirement of ADUs has now been direction addressed and upheld by a state court. And for Local Ordinances: 10. Occupancy Standards – Owner of Premises (pp. 37 – 38) The optimal option includes both aspects of owner occupancy – requiring owner occupancy and allowing it in either unit – because both tend to facilitate the development of new ADU’s. For communities that may not feel comfortable allowing the owner to live in either unit, the minimal provision requires the owner to reside in the principal dwelling unit. No favorable provision is recommended. Many communities monitor ADU’s to ensure that the owner still lives on the premises. A variety of methods are used to do this monitoring (see Section 6), including registration of occupants, certification of occupancy, and annual licensing of rental units with annual inspections. Other communities require ADU owners to record the requirements of the ADU ordinance as deed restrictions, particularly the owner-occupancy requirement. The deed restrictions accompany the title of the property and give notice to all subsequent buyers of the occupancy requirement. Both the optimal and favorable provisions below require this registration. [Optimal Provision] A lot or parcel of land containing an ADU shall be occupied by the owner of the premises, and the owner may live in either the ADU or the principal dwelling unit. Within 30 days of securing approval for construction of an ADU, the owner shall record against the deed to the subject property, a deed restriction running in favor of the municipality limiting occupancy of either the principal dwelling unit of the ADU to the owner of the property. Proof that such a restriction has been recorded shall be provided to the Zoning Administrator prior to issuance of the occupancy permit for the ADU (adapted from WOCD 1994, Application Procedures). 845 of 945 Inclusion of an owner-occupancy requirement would require the implementation of appropriate methods to ensure compliance, as noted above. Although owner-occupancy requirements have been included in ADU regulations in a number of cities, no analysis of their actual impact on maintaining neighborhood character or improving maintenance of properties has been located. Several cities in the Pacific Northwest, including Portland, OR, and Vancouver and Richmond, BC, do not have owner occupancy requirements in order to encourage development and rental of ADUs. Ann Arbor, MI requires that either the ADU or primary dwelling unit must be owner occupied for at least six months out of the year. Glenview, IL requires owner occupancy of either the primary unit or ADU only in the Glen development. Boulder, CO recently modified its owner-occupancy requirement to either the primary unit or ADU. Accessory Dwelling Unit Model Code, written by developers of ADUs in Portland, Oregon who have significant experience in the field, recommends the following: 8. Occupancy and Use. Occupancy and use standards for an ADU shall be the same as those applicable to a primary dwelling on the same site. Comment: ADU codes that place more restrictions on tenure (ownership vs. rental), short-term rental, affordability and/or home business than would apply to a primary dwelling on the same lot result in less ADU construction. Owner-occupancy requirements make properties with ADUs unsuitable for income-based valuation by appraisers, constraining their value and making them more difficult to finance. Affordable housing restrictions on ADUs sound appealing, except that deed restrictions and tenant income screenings are (unsurprisingly) obstacles for mom-and-pop landlords (fortunately, ADUs provide a surprising amount of market-based affordable housing without subsidy or use restriction). An in-depth discussion of how these restrictions limit ADU development is provided in ADUs and Don’ts. The preface to their model code follows: Unfortunately, the ADU model codes most readily available (ie. AARP + APA, Massachusetts, Washington, Washington MSRC) are more tuned to the political process of getting adopted than to development and market realities. As Alan Durning from the Sightline Institute summarizes: in “most Cascadian cities … ADUs are legal but restricted to within an inch of their lives.” (ADUs and Don’ts: The gauntlet of rules that in-law and cottage units must run). There are similar concerns about maintaining the character of neighborhoods between the rental of ADUs and vacation rental licensing, and consideration could be made of the recently approved changes to the latter process as a model for ADU restrictions. The City Council adopted Ordinance 137-O-18 on November 19, 2018 to increase the vacation rental licensing fees and update the ordinance to reflect current market trends. As discussed previously by the Planning & Development Committee, the increase in VRBO and AirBnB listings has grown to more than 200 units in Evanston, while the City has only 10 legally licensed short-term rentals. The City adopted similar language to the 846 of 945 City of Chicago’s vacation rental code. The City’s newly adopted code includes the following key requirements: • Application fee for new vacation rentals is $250. The annual fee after the first year is $150. • The new code differentiates between owner-occupied units and investor units. Owner-occupied units are contemplated to be units in which the property continues to serve as the primary address of the operator (e.g. owner travels for periods of time for business or lets a room while still residing at the property). • Owner-occupied units are reviewed and approved administratively by staff from the Community Development and Health & Human Services Departments. Investor units are reviewed by the Planning & Development Committee and subject to City Council approval. • Posting of listing, health, safety and neighborhood information in each unit; posting of license number with online listing. Since the ordinance adoption, staff from both the Community Development and the Health & Human Services Departments has met to discuss implementation for 2019, updating of application document, and other pertinent next steps in this new process. ------------------------------------------------------------------------------------- Attachments: • Ordinance 47-O-18, Amending the Definition of “Coach House,” in City Code Section 6-18-3 of the Evanston City Code • Ordinance 137-O-18, Amending Portions of Title 5, Chapter 9, “Vacation Rentals” 847 of 945 848 of 945 849 of 945 11/1/2018 137-O-18 AN ORDINANCE Amending Portions of Title 5, Chapter 9, “Vacation Rentals” NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The definition for “Vacation Rental” in City Code Section 5 - 9-2, “Definitions,” of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: VACATION RENTAL: A dwelling unit or portion thereof offered for rent for a period shorter than thirty (30) consecutive days to any person other than a member of the owner's family, as those terms are defined in Section 6-18-3 of this Code. The term "vacation rental" shall not include hotels or motels, licensed pursuant to Title 3, Chapter 2 of this Code, lodging establishments, licensed pursuant to Title 5, Chapter 2 of this Code, bed and breakfast establishments, licensed pursuant to Title 8, Chapter 19 of this Code, and/or home sharing in accord with Subsection 6-4-1-14-(B) of this Code, or housing subsidized by the City or other affordable housing providers. SECTION 2: City Code Section 5-9-4, “Application; Notice; Standards & Procedures; Renewal; Fees,” of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 5-9-4: APPLICATION; NOTICE; STANDARDS & PROCEDURES; RENEWAL; FEES: (A) Applications: A property owner who seeks a Vacation Rental license pursuant to this Chapter shall submit a written application that contains all information required for a registration statement pursuant to Chapter 8 of this Title. (B) Notice: Each application shall be accompanied by proof the applicant mailed notice thereof to all owners, whose addresses appear on the current ta x assessment list, of real property located within a radius of two hundred fifty feet (250') of the subject property, inclusive of public streets, alleys and other public ways. The notice shall contain the applicant’s name, the address of the subject 850 of 945 137-O-18 ~2~ property, the matter under consideration, and the date, time, and location of the relevant meeting of the Planning and Development Committee. (C) Property Inspection. The dwelling unit must be inspected by City staff pursuant to this Chapter prior to administrative or City Council review of application for Vacation Rental . (D) Standards and Procedures for License Approval: If a Vacation Rental license is not for the owner’s primary residence then the Planning and Development Committee will review the application for Vacation Rental and will report to the City Council upon each application with respect to the standards set forth below. The City Council after receiving said report, may refer the application back to that body for additional review, or, by motion, may approve, approve with conditions, or disapprove, an application for a Vacation Rental license, upon findings of fact with respect to each of the standards set forth below: 1. The proposed Vacation Rental will not cause a negative cumulative effect when its effect is considered in conjunction with the effect of other Vacation Rentals in the immediate neighborhood. 2. The Vacation Rental will not have a substantial adverse impact on the use, enjoyment, or property values of adjoining properties. 3. The proposed Vacation Rental will comply with all the rules and regulations contained herein. 4. The proposed Vacation Rental is not likely to have an adverse effect upon the public health, welfare, or safety. Regardless of its finding on any or all of the foregoing standards, the City Council may deny a Vacation Rental license upon a finding that such denial is in the public interest. If a property owner seeks a Vacation Rental license for the owner’s primary residence then staff will review application for Vacation Rental. If the owner of the unit is on active military duty, the affidavit shall include a statement attesting to such fact and to whether the owner has appointed a designated agent or employee to manage, control and reside in the unit during such owner’s absence while on military duty. (E) Renewal: If a Vacation Rental license was issued for the prior year, the approval for a renewal license shall be obtained from the City Manager or his/her designee, provided the previously-issued license was not revoked or suspended, and the Vacation Rental did not receive citation(s) from any City inspector or Police officer during said prior calendar year. Every renewal application shall satisfy all requirements set forth in Section 4 of this Chapter. 851 of 945 137-O-18 ~3~ (F) Fees: The following fees shall be imposed for application submittal and licensing fees: 1. Application Fee: All property owners who seek to submit a Vacation Rental application must submit a nonrefundable application fee of two hundred and fifty dollars ($250.00). 2. License Fee: The annual fee for a license issued pursuant to this Chapter shall be one hundred and fifty dollars ($150.00). SECTION 3: City Code Section 5-9-5, “Requirements and Standards,” of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 5-9-5: REQUIREMENTS AND STANDARDS: (A) No vacation rental operator shall: 1. Rent or lease any vacation rental for any period of time shorter than twenty-four (24) consecutive hours; 2. Rent or lease any vacation rental more than once within any consecutive twenty-four-hour period measured from the commencement of one rental to the commencement of the next; 3. Advertise an hourly rate or any other rate for a vacation rental based on a rental period of fewer than twenty-four (24) consecutive hours; and/or 4. Serve or otherwise provide any food or beverage to any guest. 5. Cause or permit, by action or failure to act, the vacation rental or its use to suffer from and/or create any violation of the following portions of the City Code: Title 4, "Building Regulations"; Title 5, "Housing Regulations"; Title 6, "Zoning"; Title 8, "Health and Sanitation"; or Title 9, "Public Safety." (B) Every vacation rental shall be subject to inspection by staff members of the City's Fire, Health, and Community and Economic Development Departments. (C) Every vacation rental operation shall include in any listing the following information about the vacation rental: (A) the licensee's cancellation and check-in and check-out policies; (B) a statement on: (i) whether the vacation rental is wheelchair or ADA accessible; (ii) whether the vacation rental has any parking availability or neighborhood parking restrictions; and (iii) the availability of, or restrictions on, the use of any recreational facilities or other amenities applicable to guests; and (C) a description of the vacation rental, including the number of sleeping rooms and bathrooms; and (D) the City of Evanston license number. 852 of 945 137-O-18 ~4~ (D) Every vacation rental operator shall keep a register in which shall be entered the name of every guest and his/her arrival and departure dates. The operator shall make said register freely accessible to any officer of the City's Police, Fire, Health, and/or Community and Economic Development Departments. (E) Every vacation rental operator shall ensure that the vacation rental is in compliance with current state and local regulations regarding the installation and maintenance of functioning smoke alarms and carbon monoxide detectors. (F) Every vacation rental operator shall post, in a conspicuous place within the vacation rental: 1. The name and telephone number of the operator's authorized agent identified pursuant to Code Section 5-8-3(A)2; 2. An evacuation diagram inside entrance door identifying all means of egress from the vacation rental and the building in which the vacation rental is located; 3. A current copy of the listing; 4. A current copy of vacation rental license; 5. The schedule of, or restriction on, street cleaning and street snow removal. If the property is subject to restrictions imposed by a homeowners association or board of director then the owner shall post an attestation that the homeowners association or board of directors has not adopted bylaws prohibiting the use of the dwelling unit identified in the license application as a vacation rental or shared housing unit, or that restricts rentals for a period of time less than 30 days, in any combination. (G) Any kitchen in a vacation rental shall be cleaned and sanitized between guests and all food and beverages shall be discarded. All dishes, utensils, pots, pans and other cooking utensils shall be cleaned and sanitized between guests. A recycling container must be accessible to guests. (H) The operator of every vacation rental shall change supplied bed linens and towels therein at least once each week, and prior to the letting of any room to any new guest. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: This ordinance shall be in full force and effect after its passage, approval, and publication in the manner provided by law. 853 of 945 137-O-18 ~5~ SECTION 6: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2018 Adopted:___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: _______________________________ Michelle L. Masoncup, Corporation Counsel 854 of 945 For City Council meeting of December 10, 2018 Item O1 Resolution 103-R-18: Honorary Street Name Sign Nathan Haliburton, Jr. Way For Action To: Honorable Mayor and Members of the City Council From: Parks, Recreation and Community Services Board Lawrence C. Hemingway, Parks, Recreation and Community Services Director Subject: Resolution 103-R-18, Designating the Portion of Emerson Street between Wesley Avenue and Asbury Avenue with the Honorary Street Name Sign, “Nathan Haliburton, Jr. Way” Date: December 10, 2018 Recommended Action: The Human Services Committee recommends adoption of Resolution 103-R-18, naming the portion of Emerson Street between Wesley Avenue and Asbury Avenue with the Honorary Street Name Sign, “Nathan Haliburton, Jr. Way.” Funding Source: Three street signs are made for the honoree. One sign is installed at each end of the designated one block area and the third sign is given to the honoree. The approximate total cost to create all three signs is $200. Funds for these honorary street name signs will come from the 2019 Public Works Agency, Public Service Bureau - Traffic Operations' materials budget account (100.40.4520.65115), which has a 2019 fiscal year budget of $58,000. Livability Benefits: Education, Arts & Community: Promote a cohesive and connected community Summary: The Honorary Street Name Sign program was established in 1996 to allow citizens the opportunity to honor individuals or groups that have made significant contributions to the City. The program is administered by the Parks, Recreation and Community Services Board through the Parks, Recreation and Community Services Department. The request for an honorary designation has to originate with an Alderman and each Alderman may have one honorary designation approved each year. Honorary street name signs are displayed for a period of ten-years and the portion of a street so designated is one block long. Memorandum 855 of 945 Legislative History: Alderman Robin Rue Simmons submitted an Honorary Street Name Sign application in honor of Nathan Haliburton, Jr. On November 15, the Parks, Recreation and Community Services Board recommended approval by the Human Services Committee. On December 3, the Human Services Committee recommended approval by the City Council. ------------------------------------------------------------------------------------- Attachments: Resolution 103-R-18 Honorary Street Name Sign Application for Nathan Haliburton 856 of 945 11/19/2018 103-R-18 A RESOLUTION Designating that Portion of Emerson Street Between Wesley Avenue and Asbury Avenue with the Honorary Street Name Sign, “Nathan Haliburton Jr. Way” WHEREAS, Nathan Haliburton Jr. is a vital member of Evanston’s business, faith-based, social justice and youth outreach communities; and WHEREAS, the Haliburton Funeral Chapel opened in 1975 at 1317 Emerson Street; for over 43 years he has served as the funeral director of the Chapel. He is a steward to families in the grieving and decision making process; showing compassion, insight, comfort, and helping hands; and WHEREAS, Nathan Haliburton Jr. serves the faith based community as an active member of the Mount Zion M.B. Church for 35 years, with various governance roles within the church; and WHEREAS, Mr. Haliburton has also provided leadership and support with an organization devoted to Evanston’s youth, Youth Backers Scholarship Club , as a previous President and Vice-President of the organization that provided support systems for youth as they matriculated through college with scholarships and provided a platform to showcase their talent; and WHEREAS, he also served his country in the United States Air Force as a radar technician, taught electronics and mathematics, and served as a general foreman in the Chicago Northwestern Railroad, 857 of 945 103-R-18 ~2~ 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: On behalf of the entire citizenry of the City of Evanston, the City Council hereby expresses appreciation for Nathan Haliburton Jr. as a long-standing member of its community by designating that portion of Emerson Street between Wesley Avenue and Asbury Avenue “Nathan Haliburton Jr. W ay.” SECTION 3: This Resolution 103-R-18 will be in full force and effect from and after the date of its passage and approval in the manner provided by law. _______________________________ Stephen H. Hagerty, Mayor Attest: ______________________________ Devon Reid, City Clerk Adopted: __________________, 2018 Approved as to form: _______________________________ Michelle L. Masoncup, Corporation Counsel 858 of 945 City of Evanston Honorary Street Name Sign Application Form PURPOSE OF PROGRAM: The Honorary Street Name Sign program was established to allow citizens the opportunity to honor people who have contributed greatly to the City of Evanston through cultural, historic, or humanitarian acts. Request for an honorary designation has to originate with an Alderman and each Alderman may have one honorary designation approved each year. Honorary street name signs are displayed for a period of ten-years and the portion of a street so designated is one block long. The program is administered by the Parks, Recreation and Community Services Board through the Parks, Recreation and Community Services Department. Final approval is granted by the Evanston City Council. PLEASE FILL OUT THE APPLICATION BELOW: NAME OF HONOREE: Nathan Haliburton, Jr. Way (as it would appear on the street sign) PROPER STREET NAME: 1300 Block of Emerson Street INTERSECTING STREETS AT EACH END OF THE ONE BLOCK AREA: Emerson St between Wesley Ave and Asbury Ave PLEASE CHECK ALL THAT APPLY, AND GIVE A BRIEF EXPLANATION FOR EACH OF THE APPLICABLE CRITERIA. A STREET CAN BE NAMED FOR AN INDIVIDUAL, OR GROUP/DESIGNATION. _X_CULTURAL IMPACT TO CITY: Culture refers to characteristics, patterns of attitudes, values, beliefs, and behaviors shared by members of a society or population. We all believe that when our loved ones (or God forbid we) walk that last mile of the road, and have to face the moment none of us wants to face, we want our loved ones to be treated with respect and dignity. Mr. Haliburton and his staff provide the families of Evanston in their time of need with comfort by providing professional services with care, compassion and helping hands. _X_ HISTORICAL IMPACT TO CITY Mr. Haliburton has been a relevant member of the Evanston Community for 43 years. He’s been a dedicated supporter of the faith based community and has been a member of Mount Zion M.B. Church for 35 years. He became a Master Mason in 1982. In 1989, he was elected Worshipful Master of Mount Moriah Lodge #28. In 1992, 2000 and 2001 he served as the Worthy Patron of Pride of the North Chapter #61, Order of the Eastern Star. Parks, Recreation and Community Services Department 2100 Ridge Avenue Evanston, Illinois 60201 T 847.448.4311 TTY 847.448.8064 www.cityofevanston.org 859 of 945 He has been an ardent supporter and benefactor of the youth of Evanston. He was an advisor to the Youth Backers Scholarship Club in the 1970’s. In addition, he also served as President and Vice President until the turn of the century. This organization’s mission was to provide a support system and encourage young Evanstonians as they matriculated through college by awarding scholarships and providing a platform for youth to showcase their talent in nurturing environment. In the mid nineties, he worked on the advisory committee for “Teen Cuisine” at Family Focus for four to five years. He provided young teen parents with transportation to cultural events. In addition, he worked with the City of Evanston, planning community picnics, the downtown market and the west end market. We’ll never know just how much each life touched was impacted! _X__HUMANITARIAN EFFORTS: Nathan Haliburton has been “a port in a storm” for many a friend and a few foes too. He has “adopted” many children and also been adopted by many children and a few adults as well. He has played Santa Claus to many children. His acts of altruism are too numerous to mention. Whether helping someone that is down and out or just lending a listening ear, it can truly be said that “he has never met a stranger”. He always has a kind word or two or mover for a friend. Not many people can do what Mr. Haliburton does, he doesn’t just have a tough job-he has a calling. _X__CLOSE ASSOCIATION WITH EVANSTON: Funeral Directors have always been valued members of the community. The important that they do is often feared, misunderstood or even over looked, but by no stretch of the imagination does it mean that the work they do is insignificant. The profession is very demanding. Nathan has been a steward to the families of Evanston guiding them through an array of difficult choices and decisions. He provides insight, comfort and compassion. As a small business owner, Mr. “H” is an awesome example for community members that want to start their own businesses can look to for inspiration. _X__ DISTINGUISED CAREER BROUGHT TO THE CITY Haliburton Funeral Chapel has been in business since 1975. Nathan was involved in the funeral business as a young boy. He worked closely with his grandfather who was a Funeral Director in the state of Georgia. He graduated from Worsham College of Mortuary Science in 1971. He completed his apprenticeship in Evanston. Prior to the inception of his ownership of Haliburton Chapel he serviced funeral home products in Illinois and five other states. Prior to his professional career, Nathan proudly served in the Air Force, taught electronics and mathematics, was a radar technician and was a general foreman at Chicago Northwestern Railroad. _X__GEOGRAPHICAL RELATIONSHIP OF STREET TO FOCUS OF INTEREST Nathan opened his business in April,1975 at 1317 Emerson Street. He has operated his establishment since that date and is still serving the fine citizens of Evanston at this location. __X__ A LIVING INDIVIDUAL (EXCLUSIVE OF CITY OF EVANSTON STAFF) 860 of 945 General Information Chairperson of Mt. Zion M.B.C., Deaconate Board Assistant Sunday School Teacher, Mt. Zion, M.B.C. Mt. Zion M.B.C, Financial Committee Member of Evanston Branch, NAACP Executive Board Life Member of NAACP Past, Most Wise Master of North Shore Consistory #91 President and Vice President, Millennium Prosperity Group, NAIC Investment Club Inductee in the Black Civil Rights Hall of Fame Signature of Applicant: Alderman Robin Rue Simmons Date: (Alderperson) Applicant’s Address: Phone Email: Rsimmons@cityofevanston.org Signature of Applicant: Date: Applicant’s Address: Phone Email: Submit completed form to: City of Evanston Parks, Recreation and Community Services Department 2100 Ridge Ave., Evanston, IL 60201 Fax: 847-448-8051 pbelcher@cityofevanston.org 861 of 945 Honorary St Name Sign - Nathan Haliburton, Jr. Way User drawn lines November 9, 2018 0 0.03 0.060.015 mi 0 0.055 0.110.0275 km 1:2,000 This map is not a plat of survey. This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information.Copyright 2018 City of Evanston862 of 945 To: Honorable Mayor and Members of the City Council From: Kumar Jensen, Sustainability Coordinator Subject: Resolution 105-R-18 Adoption of the Climate Action and Resilience Plan Date: December 4, 2018 Recommended Action: Human Services Committee and staff recommend City Council approval of Resolution 105-R-18 adopting the Climate Action and Resilience Plan and the goals therein. Livability Benefits: The majority of livability areas are covered by different portions of the Climate Action and Resilience Plan. Summary: Evanston has a long-standing history of bold climate action and a track record of making consistent reductions in carbon emissions. This strong history, begun by Mayor Lorraine H. Morton and elevated by Mayor Elizabeth Tisdahl, is being taken to the next level under Mayor Stephen H. Hagerty. The Climate Action and Resilience Plan (CARP) calls for ambitious reductions in carbon emissions and, for the first time, establishes goals to ensure Evanston is prepared for the daunting impacts of climate change. Even with Evanston’s significant and proactive history of leading on climate, dire warnings and new reports continue to indicate the increasing immediacy of the threat of climate change. The Fourth National Climate Assessment (NCA4), released in November, 2018, calls for immediate action at all levels of government. CARP charts Evanston’s path forward in fighting climate change and preparing for it’s impacts locally. The Climate Action and Resilience Plan calls for carbon neutrality by 2050, 100% clean and renewable electricity by 2030, zero waste by 2050, and much more. These ambitious goals were developed by a community working group established by Mayor Hagerty in late 2017. The working group had 17 members and convened dozens of times in smaller task forces and as a whole from November 2017 to November 2018. Memorandum For City Council meeting of December 10, 2018 Item O2 Resolution 105-R-18 Adoption of the Climate Action and Resilience Plan For Action 863 of 945 The plan and its recommended actions will be implemented utilizing three Guiding Principles: Equity-Centered, Outcome Focused, and Cost-Effective and Affordable (p. 7). Those principles strive to ensure that all actions associated with the plan center the needs of vulnerable populations while achieving the ambitious goals established by the plan. The plan is divided into five sections: Municipal Operations, Climate Mitigation, Climate Resilience, Implementation, Accountability and Partnerships, and Commitments. It also contains two appendices: Community Greenhouse Gas Emissions Inventory and a Glossary of Terms. Municipal Operations focuses on City-controlled operations and operations that relate to City services such as facilities, infrastructure, parks, contracts for services, etc. The Climate Mitigation and Climate Resilience sections contain the bulk of the goals, recommended actions, and performance metrics. Implementation, Accountability and Partnerships provides guidance to the City and other implementation partners on measuring progress, leveraging partner resources and staying accountable to the community. Commitments includes letters submitted by 8 of the largest employers in Evanston, outlining their support for the plan and its goal and specific actions they will take to help the City achieve those goals. City staff extends thanks and gratitude to the Mayor’s Climate Action and Resilience Plan Working Group members for their tremendous effort and dedication, listed below, alphabetically: Likwan Cheng, Jack Darin, Robert Dean, Henry Eberhart (ETHS Representative), Joel Freeman (Co-chair), Jerri Garl, Vickie Jacobsen, Dr. Christopher Kucharczyk, Emily Lawrence, Sarah Lovinger, MD, Lauren Marquez-Viso (Co-chair), Gabriela Martin, John Moore, Mariana Oliver, Judy Pollock, Dr. Gaj Sivandran and Lonnie Wilson. Attachments - Resolution 105-R-18 Adoption of the Climate Action and Resilience Plan - Climate Action and Resilience Plan - CARP Working Group Member Bios 864 of 945 11/26/2018 105-R-18 A RESOLUTION Adopting the City of Evanston Climate Action and Resilience Plan WHEREAS, the City recognizes climate change as a major threat locally and globally and that aggressive action is required locally to contain warming to 1.5º Celsius, which is the believed threshold to provide a reasonable chance for the survival of human civilization and other complex life forms on this planet; and WHEREAS, the primary local climate hazards Evanston is projected to experience include: significant increase of instances of extreme heat, extreme weather events including more intense precipitation, and fewer days below freezing; and WHEREAS, the City believes it is imperative to have coordinated regional and national action to address the challenges of climate change and implement consistent sustainability practices throughout the region; and WHEREAS, Evanston has a longstanding history of climate action and planning dating back to 2005 with Mayor Morton’s signing onto the U.S. Conference of Mayors Climate Protection Agreement; and WHEREAS, the City has successfully implemented two previous climate action plans, Evanston Climate Action Plan (2008 – 2012) and the Livability Plan (2014 – 2016): and WHEREAS, Evanston’s greenhouse gas emissions peaked in 2008 and have been reduced by 24% overall since 2005, and; 865 of 945 105-R-18 ~2~ WHEREAS, the City is a regional and national leader in sustainability as evidenced by the 4-STAR Community Rating, the Mayor’s Climate Protection Award, the EPA Green Power Partnership, and the 2015 U.S. Earth Hour Capital Award; and WHEREAS, the City and Mayor Stephen H. Hagerty have made commitments to take meaningful and immediate action in reducing greenhouse gas emissions and preparing for the impacts of climate change through We Are Still In, Climate Mayors, Global Covenant of Mayors for Climate and Energy, STAR Community Rating System, Sierra Club’s Mayors for 100% Clean and Renewable Energy and the Greenest Region Compact 2; and WHEREAS, in September, 2017, Mayor Hagerty appointed seventeen (17) community members to the Climate Action and Resilience Plan Working Group to develop a community plan to aggressively reduce greenhouse gas emissions and prepare for the impacts of climate change locally. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: The City Council adopts the Climate Action and Resilience Plan and the goals within, including specifically:  Community-wide carbon neutrality by 2050;  28% reduction in community-wide greenhouse gas emissions by 2025 in line with the U.S.’s commitment to The Paris Agreement;  Community-wide Zero Waste by 2050; 866 of 945 105-R-18 ~3~  100% Clean and Renewable Electricity by 2030;  100% Clean and Renewable Energy for Municipal Operations by 2020;  Adoption of the Illinois Sierra Club’s definition of “Clean and Renewable Energy”; and  Incorporation of up-to-date climate science and projections into relevant City planning and policy decisions such a building codes, stormwater management and facility maintenance. SECTION 3: The City Council directs the City Manager to implement the Climate Action and Resilience Plan beginning on January 1, 2019 and provide an annual progress update in the first quarter of each year between 2019 and 2025. SECTION 4: The City Manager and their designee are hereby authorized and directed to sign, and the City Clerk hereby authorized and directed to attest, any documents necessary to implement the terms of this resolution. SECTION 5: 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. _______________________________ Stephen Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Adopted: __________________, 2018 Approved as to form: _______________________________ Michelle L. Masoncup, Corporation Counsel 867 of 945 Climate Action and Resilience Plan Carbon Neutral by 2050 November 2018cityofevanston.org/climate868 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate2 Letter from the Mayor Evanston has a long track record of success when it comes to climate action. Since the City Council’s unanimous decision to support participation in the U.S. Conference of Mayors Climate Protection Agreement in 2006, our City has successfully implemented two climate action plans under the leadership of Mayor Lorraine H. Morton and Mayor Elizabeth Tisdahl, received certification and recertification as a 4-STAR sustainable community, been named the U.S. Earth Hour City Capital, and achieved a 24 percent reduction in greenhouse gas emissions relative to 2005 baseline levels. Still, there’s more work to be done. That’s why, in 2017, I formed a resident-led working group to chart a path forward. The group, comprised of 17 community members with a wide array of backgrounds and expertise, has been hard at work over the last year developing a plan to not only continue reducing Evanston’s impact on climate change, but to also prepare the city and its residents for its effects. I am pleased to announce the culmination of their efforts with the release of Evanston’s Climate Action and Resilience Plan (CARP). Detailed on the following pages, the plan lays out a bold vision that “by 2050, Evanston will be a climate ready and resilient city that has successfully prioritized the needs of its most vulnerable while combating climate change.” To achieve that vision, the Climate Action and Resilience Plan sets a goal of achieving carbon neutrality by 2050, while reaching ambitious greenhouse gas reduction targets along the way. Other goals include securing 100 percent renewable energy for all Evanston properties by 2030, achieving zero waste by 2050, shifting to low- or non- polluting transportation methods, enhancing Evanston stormwater systems, and, for the first time, ensuring that all residents, including our most vulnerable, are prepared for the impacts of a changing climate. Achieving these goals will require a community-wide effort, and the City can’t do it alone. That’s why our plan includes commitments from some of Evanston’s largest institutions, including the Evanston Community Foundation, NorthShore University HealthSystem, Northwestern University, Presbyterian Homes, Presence Saint Francis Hospital, Rotary International, Evanston/Skokie School District 65, and Evanston Township High School. From our residents, to our businesses, to our schools and hospitals, Evanston is united in its efforts to mitigate the far-reaching effects of climate change through bold action. While our city will likely undergo many changes on the way to 2050, this plan ensures that our commitment to climate action will remain. Evanston Mayor Stephen H. Hagerty 869 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate 3 Acknowledgements City Council and Mayor Mayor Stephen H. Hagerty 1st Ward Judy Fiske 2nd Ward Peter Braithwaite 3rd Ward Melissa A. Wynne 4th Ward Donald N. Wilson 5th Ward Robin Rue Simmons 6th Ward Thomas M. Suffredin 7th Ward Eleanor Revelle 8th Ward Ann Rainey 9th Ward Cicely L. Fleming Climate Action and Resilience Plan Working Group Likwan Cheng Jack Darin Robert Dean Henry Eberhart (ETHS Representative) Joel Freeman (Co-chair) Jerri Garl Vickie Jacobsen Dr. Christopher Kucharczyk Emily Lawrence Sarah Lovinger, MD Lauren Marquez-Viso (Co-chair) Gabriela Martin John Moore Mariana Oliver Judy Pollock Dr. Gaj Sivandran Lonnie Wilson Technical Advisors Karen Bireta Rebecca Cacayuran Dr. Dick Co McCamie Cole Ellen Fierer Judy Freitag Dr. Matthew Katcher Stephen McComb Jonathan Nieuwsma Edmund Post Dr. Mark Potosnak Leonard Sciarra Fred Wittenberg Other Contributors Citizens’ Greener Evanston District 65 Green Teams Evanston Environment Board Utilities Commission Evanston Community Foundation Experience Climate Change Collaborative (Chris Essex, Sam Carroll, Jason Brown and Clare Tallon Ruen) Urban Sustainability Directors Network (USDN) Great Lakes Integrated Sciences and Assessments (GLISA) Sierra Club Illinois Chapter City Staff Lara Biggs, Capital Planning and Engineering Bureau Chief Paul D’Agostino, Environmental Services Coordinator Patrick Deignan, Community Engagement Coordinator Dr. Patricia Efiom, Chief Equity Officer Lisa Frye, Art Design Coordinator Kelly Hutchins, Administrative Assistant Kumar Jensen, Sustainability Coordinator Martha Logan, Community Engagement Manager Audrey Thompson, Longterm Care Ombusdman 870 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate4 Executive Summary Dire warnings and new reports continue to fill news headlines that demand immediate and decisive action at all levels of government and throughout society, including local government. On October 8, 2018, the Intergovernmental Panel on Climate Change (IPCC), the leading scientific body responsible for climate research, issued a dire warning indicating that in order to limit global warming to 1.5 C, “net human- caused emissions from carbon dioxide (CO2) would need to fall by about 45 percent from 2010 levels by 2030, reaching ‘net-zero’ around 2050.”* With nine of the 10 hottest years on record having occurred since 2005, precipitation continues to occur in more intense and less frequent storms, and wildfires and hurricanes have ravaged large swaths of the United States. This warning reflects the need for action. In Evanston, the question is not whether or not climate change exits. The question remains, how do the City and community take actions that reflect the immediacy of the situation while centering the needs of those who will be most severely impacted locally? Although Evanston, as a Great Lakes city, is relatively insulated from threats such as hurricanes, sea level rise and wildfires, it is not insulated from increasingly intense storms, the influx of invasive species, hotter temperatures, drought-like conditions, human migration, threats to water quality and the relative instability of energy prices. Vulnerable communities and individuals will experience disproportionately negative impacts from climate change in the coming years and decades. Evanston has a long-standing history of bold climate action and a track record of making consistent reductions in carbon emissions. This strong history, begun by Mayor Lorraine H. Morton and elevated by Mayor Elizabeth Tisdahl, is being taken to the next level under Mayor Stephen H. Hagerty. The Climate Action and Resilience Plan (CARP) calls for ambitious reductions in carbon emissions and, for the first time, establishes goals to ensure Evanston is prepared for the daunting impacts of climate change. The Climate Action and Resilience Plan calls for carbon neutrality by 2050, 100% clean and renewable electricity by 2030, zero waste by 2050, and much more. These ambitious goals were developed by a community working group established by Mayor Hagerty in late 2017. The working group had 17 members and convened dozens of times in smaller task forces and as a whole from November 2017 to November 2018. The plan is divided into five sections, with two major sections: Climate Mitigation and Climate Resilience. Climate Mitigation explores the far-reaching ways in which many daily routines are tied to larger systems that account for much of the City’s emissions, namely buildings, which account for 80% of Evanston’s emissions. Climate Resilience focuses on preparing social, ecosystem and built environments for the impacts of climate change. Many recommended actions improve climate resilience as well as reduce carbon emissions; the plan seeks to amplify those actions as especially critical. Thirteen years after Mayor Morton signed the U.S. Mayors Climate Protection Agreement, Evanston has reduced its overall emissions by 24% and leads the region in climate-related planning and progress. The Climate Action and Resilience Plan builds on the foundation of community-driven planning and calls for another round of ambitious action. * Global Warming of 1.5°C, an IPCC special report on the impacts of global warming of 1.5°C above pre-industrial levels and related global greenhouse gas emission pathways, in the context of strengthening the global response to the threat of climate change, sustainable development, and efforts to eradicate poverty. 871 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate 5 Letter from the Mayor ......................................................................................................2 Acknowledgements ..........................................................................................................3 Executive Summary ..........................................................................................................4 Table of Contents ..............................................................................................................5 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-7 Guiding Principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 Municipal Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8-9 Climate Mitigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10-22 Greenhouse Gas Reduction Targets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 -11 Building Efficiency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-13 Renewable Energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 Zero Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15-16 Transportation and Mobility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17-19 Urban Canopy and Green Space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20-21 Outreach, Education and Behavior Change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 Climate Resilience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-29 Green Infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 Health Impacts of Extreme Heat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 Resilience Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 Community Networks and Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 Emergency Preparedness and Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 Vulnerable Populations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 Implementation, Accountability and Partnerships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30-32 Implementation and Accountability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 Partnerships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 Commitments from Large Employers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31-32 Appendix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33-43 Appendix A: Community Greenhouse Gas Emissions Inventory . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33-40 Appendix B: Glossary of Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41-43 Table of Contents 872 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate6 Introduction Evanston 2050 Vision The City of Evanston’s Climate Action and Resilience Plan Working Group has a vision for the future and has set forth a path to reach that vision. This is what they foresee: By the year 2050, Evanston has achieved carbon neutrality; all buildings are “high- performing” in terms of energy and water efficiency; all energy produced and consumed is from clean and renewable sources; a Zero Waste Strategy has been implemented and achieved; half of all trips made in Evanston are by transit, walking or bicycling; all vehicles and equipment rely on zero-emission technology; and the urban canopy is healthy and growing in size, adapted to the 2050 climate. Green infrastructure is distributed equitably throughout the community, increased precipitation is captured by rain gardens and naturally filtered into the soil, the transition to zero emissions vehicles has improved air quality, the boom in renewable energy installations has solidified Evanston as a regional leader and expert in renewable energy and local food options are accessible and affordable to residents in every neighborhood. By 2050, Evanston will be a climate-ready and resilient City that has successfully prioritized the needs of its most vulnerable while combating climate change. To realize this vision, the City of Evanston (City) is committed to taking immediate and decisive action to reduce the community’s impact on climate change and to prepare the community to adapt and become more resilient to the changing climate and its effects. The City has set ambitious targets to combat the effects of climate change, achieve carbon neutrality by 2050 and make significant reductions in greenhouse gas (GHG) emissions in the short term. The Climate Action and Resilience Plan (CARP) will chart a path forward to meet those commitments and targets. The plan is divided into five sections with two supporting appendices. Sections 1. Municipal Operations 2. Climate Mitigation* 3. Climate Resilience** 4. Implementation, Accountability and Partnerships 5. Commitments Appendices 1. Appendix A: Community Greenhouse Gas Emissions Inventory 2. Appendix B: Glossary of Terms * Climate Mitigation describes actions that limit climate change through reducing the release of greenhouse gases (GHGs) such as carbon dioxide and methane. ** Climate Resilience or Adaptation is the task of evaluating the changing climate and its impacts and preparing the community to adapt and adjust to new climate conditions and the effects they will have on its assets, including people, ecosystems and infrastructure (social, health, natural and built). 873 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate 7 Introduction Guiding Principles The development and implementation of an ambitious climate action plan requires recognizing and understanding Evanston’s historical, current and future context. To ensure that the goals developed within this plan meet Evanston’s vision of becoming the “Most Livable City in America” and align with the comprehensive livability guidelines of the STAR Community Rating System, the plan relies on three core guiding principles: Equity-Centered, Outcome-Focused and Cost-Effective and Affordable. Equity-Centered Climate change affects everyone. However, not all people are equally impacted. People of color, immigrants, refugees and lower-income populations experience increased exposure and sensitivity to environmental and climate hazards and a reduced capacity to adapt. To ensure that actions within this plan align with equity principles in Evanston, this plan will employ an equity-centered lens that is approved by City Council and implemented by the Office of Equity and Empowerment with advisory support from the Equity and Empowerment Commission. In the absence of a City definition of equity-centered, guidance will be sought from external leaders within the urban sustainability and equity fields throughout implementation of the plan. By following an equity-centered approach, the City seeks to achieve environmental justice for all its community members, which includes fair treatment and meaningful involvement with respect to environmental decisions and policies, regardless of race, color, national origin or income. Outcome-Focused Meaningful progress toward reducing Evanston’s contribution to climate change and increasing resilience to climate change impacts are most effectively demonstrated through measurable outcomes. Identified within the plan are measurable outcomes that reflect the goals of the plan. Example outcomes include reducing greenhouse gas emissions, increasing the use of renewable energy, increasing building efficiency, and reducing waste. Although there are actions within the plan that focus on behavior change, education and improving community awareness and understanding, those actions are anticipated to support the achievement of improved measureable outcomes. Cost-Effective and Affordable There is a perception that being “green” or “sustainable” comes with a price or cost premium. Although this may be the case in some instances, many of the recommended policies and programs, if properly implemented, could lead to cost savings as well as economic growth and job creation. Sustainable actions and solutions are not inherently costlier than unsustainable ones. In evaluating the cost-effectiveness and affordability of actions, the City will work to incorporate the cost of inaction as well. The social and economic cost of climate and resilience inaction is considerable. All policies and programs implemented will consider the cost-effectiveness for the City to implement as well as the impact on affected parties and affordability in Evanston. * Language taken from the USDN Guide to Equitable Community-Driven Climate Preparedness Planning 874 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate8 Municipal Operations The City of Evanston will continue to lead by example by setting ambitious goals for municipal operations. Although municipal operations account for less than one percent of Evanston’s emissions, the City can play an outsized role in bringing together coalitions, partnerships and the wider community to meet the goals of the Climate Action and Resilience Plan. Municipal Goals 2020 – 100% Renewable Electricity for Municipal Operations 2030 – Achieve Zero Waste for Municipal Operations 2035 – Carbon Neutrality for Municipal Operations Purchasing and Planning • Update the Environmental Sustainability and Best Practices document to align with CARP goals. • Conduct a GPC-compliant emissions inventory for all municipal operations in 2019. • Create a CARP checklist to provide to developers submitting projects to the Design and Project Review Committee (DAPR). Energy • Develop a Net Zero greenhouse gas emissions policy for new municipal buildings in 2019. • Host a shared solar project/serve as an anchor subscriber to a shared solar project and allow residents and businesses to subscribe to the project. • Install LED lighting for all lighting on city properties, street lights, and traffic lights by 2025. Install 100% LED lighting on all City projects, facilities and infrastructure with lighting needs by 2025 (exceptions may be made if technology is not available to meet project requirements). • Complete a feasibility study in 2020 to determine the best opportunities for installation of renewable energy installations on municipal properties. • Retrofit all municipal facilities with water-efficient features to reduce potable water use. • Develop a zero emissions vehicle purchasing strategy for the municipal vehicle fleet. Waste • Require that capital projects divert construction and demolition debris from the landfill and incorporate a percentage of reclaimed material into projects where practicable. • Ensure that recycling receptacles are located at all City properties including parking garages, parks and community centers. • E xpand compost collection service to public spaces and city facilities. • Work with waste haulers to ensure that our city’s garbage ends up in landfills that are managed responsibly and use methane gas capture technology to generate energy. • Require waste haulers to complete regular waste characterization studies for each waste stream. Other 99% Municipal Operations 1% 2017 Municipal GHG Emissions 875 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate 9 Municipal Operations Green Infrastructure • Prioritize replacing trees on public property and focus on maintaining tree health to increase longevity. Policies that will improve the overall health of the urban tree canopy include: o Maintain a cyclical pruning process for public trees o Diversify tree planting selection to take into account anticipated future climate zone shifts due to a warming climate • Maintain skilled forestry staff • Develop a definition of natural and open spaces in Evanston. • Increase natural landscaping on public property and expand no-mow areas in parks and other public spaces. • Prioritize planting and preservation of native species of plants and trees on public property. • Achieve and maintain the National Wildlife Federation Community Wildlife Habitat Certification • Achieve all goals laid out in the Mayors Monarch Proclamation and maintain active support of the goals. • E xpand the geographic distribution of green infrastructure throughout the City. • Efficiently utilize public land to increase stormwater infiltration and detention while enhancing the primary use of the property. Investments • Align investment strategies and advocacy initiatives with CARP goals through a City Council-adopted resolution: a. Define and implement an approach to sustainable investing that considers the risks associated with climate change and fully integrates environmental, social and corporate governance considerations into the City’s investment decision-making process. This investment philosophy should be adopted with a clear, thoughtful approach to considering the long-term environmental and social sustainability of the entities in which the City invests. Advocacy • Support local and national strategies for instituting limits on carbon, including market strategies such as a price on carbon • Advocate at the state level for legislation and policies that support the goals of CARP; oppose legislation that overturns municipal home rule • Encourage key institutions such as the school districts and large employers to serve as anchor subscribers to community solar projects. 876 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate10 Climate Mitigation Climate Mitigation describes actions that reduce the release of greenhouse gas emissions in order to limit climate change. Climate mitigating actions at the local level is imperative if Evanston is to play its part in holding average global temperature increases to below 2 degrees Celsius (3.6 degrees Fahrenheit) and preferably below 1.5 degrees Celsius (2.7 degrees Fahrenheit). Research compiled by the Intergovernmental Panel on Climate Change (IPCC) indicates that if global temperatures are allowed to increase by 2 degrees Celsius, the consequences will be much more catastrophic than if we can limit warming to 1.5 degrees Celsius or below. The average global temperature has already increased by 1 degree Celsius (1.8 degree Fahrenheit) since pre-industrial levels. Warming greater than the global average is already occurring in many land regions, such as the Arctic, where it is occurring two to three times faster. Global warming is likely to reach 1.5 degrees Celsius by mid-century if trends continue at the current rate. Limiting the increase to 1.5 degrees Celsius as opposed to 2 degrees would mean the difference between a world with Arctic summer sea ice and coral reefs and one without them. More information on the IPCC and climate data can be found at www.ipcc.ch. Greenhouse Gas Reduction Targets This plan calls for ambitious and immediate reductions in greenhouse gas emissions, building upon the success of the 2008 Evanston Climate Action Plan (ECAP) and the 2014 Livability Plan. The 2017 community greenhouse gas emissions inventory (Emissions Inventory) showed a 24% reduction in emissions from the 2005 baseline, which demonstrates significant progress towards carbon neutrality. To build off of this progress, the City has established the following community reduction targets: 2025 — 50% reduction 2035 — 80% reduction 2050 — Carbon Neutrality To evaluate and measure the community’s progress towards these targets, the City has developed an Emissions Inventory that is compliant with the internationally accepted best practices put forth in the global protocol for community-scale greenhouse gas emissions (GPC). The Emission Inventory identifies emissions by sector and illustrates changes in emissions over time. An inventory makes it possible to evaluate the City’s progress in reducing emissions and the impact of emission reduction policies. The Emissions Inventory accounts for emissions attributed to activities taking place within the City’s municipal boundaries. The Emissions Inventory is measured in metric tons of carbon dioxide equivalent (MTCO2e), which is the standard measurement of greenhouse gas (GHG) emissions. The 2005 baseline of emissions attributed to the community totaled 1,056,169 MTCO2e. The 2017 Emissions Inventory revealed total net emissions of 793,266 MTCO2e from the following sectors: 1. Electricity (44%) 2. Natural Gas (36%) 3. Waste (2%) 4. Transportation (17%) 5. Municipal Operations (1%) A detailed Emission Inventory is available in Appendix A: Emissions Inventory. Waste 2% Municipal Operations 1% 2017 GHG Emissions by Source Natural Gas 36% Electricity 44% Transportation and Mobility 17% 877 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate 11 Climate Mitigation Target Years Achieving the goals put forward in this plan requires immediate and ambitious action by the City and everyone who lives, works, and plays in Evanston. The target years of 2025, 2030, 2035 and 2050 provide specific milestones for action and achievements. The measure of success between now and 2050 may shift considerably as metrics evolve, and as new technologies and trends emerge. For this reason, the 2050 targets indicated in the plan are limited by current knowledge, but align with the vision for Evanston in that year. Some of the goals outlined in this section are straight-forward outcomes of policies and programs that start at the City government level. Others require innovative partnerships, broad-reaching education programs, incentives, creative funding strategies and a culture shift in how we live, work, travel and consume today. Staying on track to meet our 2025, 2030, 2035 and 2050 targets will require adapting, adjusting and innovating future iterations of this plan and its metrics. Therefore, the plan will be regularly updated to ensure it is relevant and at the cutting-edge of technology, innovation and environmental and social justice. The Climate Mitigation section of the plan is split into six Focus Areas with corresponding Goals, Actions and Performance Metrics. Focus Areas Goals Building Efficiency Reduce building energy consumption by 35% by 2035 (from 2005 levels). Renewable Energy Achieve 100% renewable electricity supply for all Evanston accounts by 2030. Zero Waste Increase the community waste diversion rate to 50% by 2025, 75% by 2035 and Zero Waste by 2050 (from 2017 levels). Transportation and Mobility Reduce vehicle miles traveled; increase trips made by walking, bicycling and transit. Increase use of electric vehicles; decrease carbon emissions from vehicles and equipment. Urban Canopy and Green Space Preserve and restore Evanston’s urban canopy, natural areas, native vegetation and green space to maintain and increase carbon sequestration, improve stormwater runoff detention, improve air quality, energy efficiency and livability and reduce adverse urban impacts on humans and key species such as birds and pollinators. Outreach, Education and Behavior Change Educate, motivate and empower Evanston residents, institutions and businesses to take meaningful action to fight climate change and improve community resilience. Electricity Aggregation: Since 2012, the City has provided 100% renewable energy to participating residents in the City’s electricity aggregation program. This program has resulted in a reduction of 445,154 MTCO2e of emissions, which is equivalent to 95,322 passenger vehicles driven for one year. 878 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate12 Building Efficiency Goal Reduce building energy consumption by 35% by 2035 (from 2005 levels). Building energy consumption is the largest source of greenhouse gas emissions in Evanston and accounts for roughly 80% of the community’s emissions. Overall electricity emissions decreased significantly since 2005, however, this reduction is primarily the result of the purchase of renewable energy credits as part of Community Choice Electricity Aggregation (Aggregation) as well as the overall improvement in emission factors for the regional power grid (i.e. coal generation being replaced with less carbon-intensive generation such as natural gas and renewable energy sources). A detailed explanation of electricity consumption and corresponding emissions calculations is located in Appendix A . Actions in this section will improve building efficiency and reduce energy consumption. Decreasing energy consumption can lead to cost-savings, reduced strain on systems and infrastructure and improved public health outcomes. Actions 1. Develop a strategy to transition to net-zero greenhouse gas emissions (NZE) building standards in 2019. Implement strategy via building code update effective starting in 2020. a. Use best practices in each category of green building standards, including aspects of LEED Platinum, Passive House (PHIUS), Green Globes, Living Building Challenge, American Institute of Architects (AIA) 2030, and Enterprise Green Communities. Address all aspects of the building, including construction, energy use, water use, impacts on nature and wildlife (e.g. birds), and on the community (e.g. transportation). b. Require NZE building codes for residential and commercial new construction and retrofits by 2030. c. Include energy audits as part of the building permit approval process for residential, commercial and industrial modifications and additions. 2. Update the energy and water benchmarking ordinance to gather information on renewable energy purchases, renewable energy on-site generation, energy efficiency upgrades, waste management data (recycling, composting) and other relevant information. 3. Adopt policies that require retro-commissioning for larger buildings and building energy audits for smaller buildings. 4. Create a Property-Assessed Clean Energy (PACE) financing program to support residential and non-residential energy efficiency initiatives. 5. Increase water efficiency and reduce daily per capita water usage. a. Update and implement the Evanston Water Conservation and Efficiency Plan developed by CMAP in 2014. b. Facilitate reduction of water use by top 20 customers. Request large institutions and businesses to identify specific opportunities for employees or customers to conserve water and incorporate water efficiency into internal operations. 6. Institute a residential energy performance transparency program to help homebuyers understand the energy performance of homes they are considering for purchase. 7. Create an education and incentive program to empower and encourage residents, businesses and building-owners to reduce energy consumption. Climate Mitigation Northwestern University Reduction in building energy consumption by 20% by 2020: Northwestern has been an active partner of the US Environmental Protection Agency’s ENERGY STAR® program since 2015. Northwestern follows the program’s Guidelines for Energy Management and uses its Portfolio Manager software to benchmark and track University energy, water and waste performance. Rotary International to Pursue LEED Platinum by 2022: Headquarters, located in Evanston, achieved LEED Gold certification in 2012 and 2017 and is EPA Energy Star-certified. Rotary has committed to having 100% of their facility electricity come from renewable sources, to pursue LEED Platinum certification, and reduce building energy costs by using less energy. 2017 Building GHG Emissions Natural Gas 36% Electricity 44% Other 20% 879 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate 13 Climate MitigationBuilding Efficiency Focus Area Impact and Performance Metrics Building energy consumption accounts for the largest single source of greenhouse gas emissions in Evanston. Completing actions to reduce energy consumption will take time, but ultimately could lead to the largest reduction in emissions. Target year Metric Description 2025 Reduce building energy consumption by 25% from 2005 levels 2035 Reduce building energy consumption by 35% from 2005 levels 2050 Reduce building energy consumption by 50% from 2005 levels Annual Total energy consumed in applicable units Annual Average daily water consumption per capita Annual Number, type and energy-use intensity of buildings participating in implemented programs (i.e. benchmarking, retro-commissioning, etc.) Annual Number of high performance residential and commercial buildings Outreach and Engagement 1. Identify strategies and funding to support residents and businesses in implementing energy efficiency improvements and energy usage reductions. 2. Educate the community about existing incentive programs through Nicor Gas and ComEd and other entities and prioritize connecting eligible properties with utility rebate and efficiency programs. 3. Pursue utility investments and benefits for Evanston residents, particularly those that benefit low-income residents. 4. Encourage buildings to pursue third-party sustainable building certifications such as Green Globes, Passive House (PHIUS), LEED, etc. 880 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate14 Goal Achieve 100% renewable electricity supply for all properties in Evanston by 2030. In 2017, Mayor Hagerty joined the Sierra Club’s Mayors for 100% Clean Energy. Although purchasing renewable energy credits (RECs) has played a large part in working toward this goal, the City also values onsite generation of renewable energy through sources such as wind, solar and geothermal installations within Evanston and the region. The included actions seek to provide competitive renewable energy options to all Evanston customers. Shifting to renewable energy sources can result in cost-savings to residents and businesses. It will grow demand for renewable energy and stimulate job growth in related fields. As more renewable energy sources replace carbon-based sources, overall air quality will improve and there will be a reduction in carbon-based environmental contaminants in the air, water and soil nationally. Actions 1. Continue Community Choice Electricity Aggregation (Aggregation). Explore expanding the reach of the Aggregation program and tighten sourcing requirements to encourage/ require energy suppliers to directly invest in renewable energy. 2. Increase renewable energy supply options beyond Aggregation by supporting community solar and other renewable energy generation projects. 3. Create an educational program to inform commercial properties about renewable energy opportunities. Incentivize businesses to purchase renewable energy (such as through a sustainable business recognition program). 4. Evaluate the options available for the City to increase the supply of renewable energy to Evanston customers not eligible for Aggregation, such as Community Solar Subscriptions, development of a municipal alternative retail electric supplier (ARES), Power Purchase Agreements, etc. Focus Area Impact and Performance Metrics Switching to renewable sources of electricity and purchasing renewable energy either directly or through Renewable Energy Credits (RECs) and offsets would eliminate greenhouse gas emissions from electricity consumption in Evanston. Target year Metric Description 2025 75% renewable electricity supply for all Evanston accounts 2030 100% renewable electricity supply for all Evanston accounts Annual Number, size and output of onsite renewable energy installations in Evanston Annual Total megawatt hours (MWh) of renewable energy supplied to Evanston customers Outreach and Engagement 1. Implement a sustainable business recognition program focused on increasing access to renewable energy supply options, reducing energy consumption and improving energy efficiency, waste reduction and diversion strategies, resource efficiency, sustainable purchasing and cost-savings. 2. The City, in partnership with local non-profits, will provide information and resources on the installation of onsite renewable energy systems. Renewable Energy Climate Mitigation Evanston Hospital: NorthShore University HealthSystem has pledged to achieve 50% of their entire energy portfolio from renewable sources by 2025, reach a 30% recycling rate across NorthShore campuses by 2020, and obtain an Energy Star score above 75 for Evanston Hospital 2025. 2017 Electricity GHG Emissions Other 56% Electricity 44% 881 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate 15 Goal Increase community waste diversion rate to: 50% — by 2025 75% — by 2035 100% — Zero Waste All diversion rates measured from a 2017 baseline (see Appendix A for details). Disposal of waste only accounts for 2% of community emissions, yet material consumption and corresponding waste systems have significant environmental and climate impacts that are not included in calculations of community greenhouse gas emissions data. Given that measurements of these consumption and waste systems have yet to be refined and the significant impact of food waste, plastic pollution and demolition waste on the environment, developing a Zero Waste Strategy is considered a primary action within the plan. Furthermore, Evanston’s 2017 community-wide waste diversion rate was 21% and has held steady at around 20% since 2012, which is far below its potential. Actions in this category seek to meaningfully reduce the amount of waste generated, encourage more sustainable consumption behaviors, support the circular economy and develop and implement a Zero Waste Strategy. Additional benefits of actions in this section include reduced environmental and social impacts of waste disposal, improved air and water quality, improved public health, cost-savings, and potential job growth in related sectors. Actions 1. Create and Implement a Zero Waste Strategy a. Combat food waste by requiring retailers and restaurants to donate, reduce, reuse, or compost their unsold food, creating “zero-waste sections” where products are sold close to their expiration dates, and designating “zero-waste coaches” to raise awareness among staff and help manage products reaching the end of their marketable life. Edible unsold products shall be donated. When not edible, organic waste shall be composted through a City-approved vendor. b. Eliminate petroleum-based, single-use products through phasing out the use of single-use plastics by 2025. Require food service retailers to use biodegradable, compostable or recyclable packaging (per City of Evanston recycling specifications). Explore the feasibility of establishing a reusable takeout container service. c. Implement a plastic straw and stirrer-free or opt-in policy for businesses that provide food and/or beverage services, with appropriate options for people with disabilities. d. Reduce construction and demolition waste by ensuring that strong recycling and reuse requirements are met for all building-related permits. Require that all real estate developments that receive financial assistance from the City or special zoning approval adhere to a higher standard of recycling and reuse. 2. Require recycling at all properties. Adopt policies that provide all properties equal access to waste diversion services such as recycling and composting. Require that all properties make recycling receptacles clearly accessible to tenants, patrons and visitors. Facilitate, encourage and incentivize all properties to engage in a composting program. 3. Update and revise the disposable plastic shopping bag ban to achieve its intended outcome. 4. Enforce the Cook County Demolition Debris Diversion Ordinance and strive to exceed minimum requirements in the revised building code. 5. Support the preservation, reuse, repurposing and retrofit of existing structures to reduce demolition waste, preserve the embodied energy and materials, while avoiding the energy usage related to demolition. Zero Waste Climate Mitigation Composting: In 2017, the City launched the largest municipal compost collection program in Illinois. The program provides service options to all properties in Evanston in partnership with Collective Resource, an Evanston and woman-owned business. Diverting food from the landfill can reduce methane generation and allow waste food to be turned into a nutrient-rich soil amendment. 2017 Waste GHG Emissions Other 98% Waste 2% 882 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate16 Focus Area Impact and Performance Metrics Achieving the ambitious goal of Zero Waste will have numerous and significant positive impacts beyond the direct reduction in greenhouse gas emissions. Achieving Zero Waste has the potential to change local consumption habits, reduce costs associated with landfilling material, create jobs and energize circular economy practices throughout the community. Target year Metric Description 2025 Community waste diversion rate of 50% from 2017 levels 2035 Community waste diversion rate of 75% from 2017 levels 2050 Community waste diversion rate of 100% from 2017 levels Annual Total weight of material disposed of within the community by month and type Annual Number of active accounts per waste service Annual Number of deconstruction projects in Evanston annually Annual Total weight of reclaimed material utilized in projects, renovations and new construction Outreach and Engagement 1. Educate the community on waste management strategies starting with reducing consumption, followed by reusing, repurposing, recycling, and composting. 2. Participate in the “Love Food Hate Waste” campaign or a similar program to encourage food waste reduction on a community-wide scale. 3. Conduct a Zero Waste campaign. 4. Encourage schools to establish Zero Waste lunchrooms and classrooms. 5. Encourage grocery stores to offer bulk food sales to reduce packaging. 6. Encourage and support creative solutions to consumption reduction: reuse, repair, and repurposing initiatives, including tool libraries, library of things, swap events, food-share opportunities, repair clinics, etc. 7. Promote the purchase of compost made in Illinois. 8. Provide a copy of the Cook County Demolition Debris Diversion ordinance with appropriate City permit materials. Climate MitigationZero Waste 883 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate 17 Goal 1 Reduce vehicle miles traveled; increase trips made by walking, bicycling and transit. Goal 2 Increase use of electric vehicles; decrease carbon emissions from vehicles and equipment. Transportation systems accounted for 17% of Evanston’s emissions in 2017. Transportation-related emissions and transportation activity in Evanston are difficult to measure, thus the data included in the inventory is modeled data from the Chicago Metropolitan Agency for Planning (CMAP)’s regional transportation model scaled down for Evanston (details in Appendix A). Given the limited local data on all forms of transportation and mobility, it is recommended that the first step in taking meaningful action to reduce transportation and mobility emissions is to develop and implement a comprehensive multimodal transportation data collection program that includes vehicle-miles-traveled (VMT). This program, once established, will be used to evaluate the impact and effect of policies on Evanston’s transportation systems by mode. Actions in this section focus on helping the community to shift to low- or non-polluting transportation modes such as walking, bicycling, and using public transit. Additionally, the actions support the expansion of the use of electric vehicles or other zero-emission vehicles (ZEVs) in the public and private sector and the infrastructure necessary to support this expansion. Shifting to low- and non-polluting modes of transportation while also increasing the use of zero-emission vehicles and equipment, and decreasing the use of combustion-engine vehicles and equipment, will have positive effects on public health through increased active lifestyle habits and improved air quality. The transition from petroleum-powered vehicles to electric vehicles will require changes (upgrades) in fleets, personal vehicle purchases, and perhaps most importantly, electric vehicle infrastructure, namely charging stations for commercial and personal use. This section identifies the top priorities in each of these areas. Preliminary Step Develop and implement a comprehensive multimodal transportation data collection program that includes vehicle- miles-traveled (VMT), the mode-share for each (walking, bicycling, transit, driving alone and carpooling), and route selection through routine traffic counts for both roadways and key bicycle routes. The data collected should be able to assess the impacts of infrastructure improvements, increased development and other related policy changes on travel behavior. This data collection effort should include ride-share data provided by ride-share operators and commercial VMT attributed to trucks and delivery vehicles to better understand the impacts on overall community VMT. The process of developing a regular and comprehensive transportation data collection program may initially require external resources. The City will explore potential partnerships with local institutions and organizations to accomplish this preliminary step. Transportation and Mobility Climate Mitigation 2017 Transportation GHG Emissions Other 83% VMT Community 16% CTA Rail 1% 884 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate18 Goal 1 Actions 1. Continue implementation of transportation-related City plans, including the Multimodal Transportation Plan, the 2014 Bike Plan Update, the Health Department’s EPLAN, and the Complete Streets Policy. a. Expand safe, convenient and complete networks in Evanston for pedestrians, bicycles and transit; facilitate the expansion of strong bicycle and transit connections between Evanston and neighboring communities. 2. Foster active transportation habits in Evanston residents by: a. Providing bicycle and pedestrian safety and skills training to all school-aged children in Evanston with an accompanying program to educate parents and all interested adults. Conduct a “share-the-road” public education campaign to educate drivers about safe and respectful driving behavior mindful of pedestrians and bicyclists. b. Conduct Safe Routes to Schools audits for all Evanston elementary and middle schools to identify infrastructure improvements that would enhance pedestrian and bicycle safety and encourage trips to school on non-polluting modes of transportation. 3. Through revision of the building code, ensure that developers undertaking new development or redevelopment projects adopt practices and include infrastructure that encourages trips by walking, bicycling and on transit through: a. Reducing the amount of parking. b. Providing incentives such as density bonuses or expedited review for development projects that have mixed-used zoning (residential, retail and office uses) and commit to sustainable transportation practices. For example, prioritizing access by pedestrians and bicyclists, providing electric vehicle charging stations and discounted transit passes, as well as fee-appropriate parking. 4. Monitor impacts of ride-sharing services and work with ride-share operators to determine appropriate strategies to reduce unnecessary VMTs and incentivize the use of electric and hybrid vehicles. Assess fees relative to the impacts identified and earmark them for investments in transit, bicycle and pedestrian networks. Performance Metrics Target year Metric Description 2025 Reduce community vehicle miles traveled by 20% from 2005 levels 2035 Reduce community vehicle miles traveled by 35% from 2005 levels 2050 Reduce community vehicle miles traveled by 50% from 2005 levels Annual Number of trips made by walking Annual Number of trips made by bicycling Annual Number of trips made by public transit Climate MitigationTransportation and Mobility 885 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate 19 Goal 2 Actions 1. Incentivize electric vehicle infrastructure (charging stations). a. Work with neighboring communities to incentivize electric vehicle infrastructure by identifying appropriate locations that are convenient to residents of multiple communities. b. Establish an expedited process through the City’s zoning and building code for electric vehicle charging infrastructure. 2. Partner with fleet operators and transit providers to work towards a goal that buses and fleets based and operating in Evanston, including school buses, be 100% electric by 2035 (50% electric by 2025). Work with transit agencies and bus companies to take advantage of federal transit grant opportunities to purchase new electric vehicles. 3. Educate fleet operators and residents about the no idling law and enforce it consistently, as well as create steeper fines for diesel vehicles, such as buses and construction vehicles and equipment. 4. Phase out the use of gas- and propane-powered leaf blowers, lawn mowers and construction equipment; provide a timeline by which they need to be replaced with electric or battery-powered options. Performance Metrics Target year Metric Description 2025 Buses and fleets based and operating in Evanston are 50% electric 2035 Buses and fleets based and operating in Evanston are 100% electric Annual Number of electric vehicles registered in Evanston Annual Number of public charging stations located in Evanston Annual Percentage of city-owned fleet converted to electric vehicles Focus Area Impact Mode shifts, electrification of transit and private vehicles, as well as the impending proliferation of autonomous vehicles, will change the transportation and mobility landscape in Evanston. These changes will likely lead to an increase in electricity consumption, which can and will be purchased renewably, thus reducing emissions from transportation. Outreach and Engagement 1. Implement initiatives to educate residents about electric vehicles and related infrastructure. 2. Explore the use of a mobile app to educate Evanston residents about travel mode options and routes, and encourage, possibly through incentives, more trips using non- and low-polluting modes of transportation. 3. Advocate at the regional and state levels to maintain or expand the bus transit network in Evanston. 4. Partner with the Active Transportation Alliance and School District 65 to do safety audits of the walking and bicycling routes to all Evanston elementary and middle schools. 5. Explore funding opportunities through the Illinois Safe Routes to Schools grant program to make safety improvements on school walking and bicycling routes. 6. Develop a strategy to work with landscaping and construction industry contractors to eliminate the use of gas- and propane-powered equipment prior to the phase-out. Climate MitigationTransportation and Mobility 886 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate20 Urban Canopy, Natural Areas and Green Space Preservation and Restoration for Mitigation and Resilience Goal Preserve, restore, and expand Evanston’s urban canopy, natural areas, native vegetation and green space to maintain and increase carbon sequestration, improve stormwater runoff detention, improve air quality, energy efficiency and livability and reduce adverse urban impacts on humans and key species such as birds and pollinators. The presence of an urban canopy, natural areas, and green space provide a multitude of habitat, mitigation and resilience benefits to the community. A healthy urban canopy provides demonstrable carbon sequestration, improved air quality, stormwater absorption, and cooling and shading benefits to the community. Evanston’s trees sequester approximately 24,985 MTCO2e. Continuing to invest resources into maintaining and improving the health of the canopy will increase carbon sequestration, improve stormwater absorption and increase shading and cooling benefits. In addition, many forms of fauna rely on natural and green spaces in Evanston for food and shelter. Supporting these habitats and improving their resilience in the face of climate change is imperative to supporting local ecosystems. The actions in this section seek to support and protect Evanston’s urban canopy, green space, natural areas and overall ecosystems. The additional benefits related to the initiatives in this section include enhanced public health and livability through improved air and water quality, cost-savings related to the cooling and shading effects of trees, and healthier ecosystems. Actions 1. Prioritize replacing and planting additional trees on public property and assist residents with replacing trees on private property. Consult the Trees for 2050 publication developed by the Chicago Botanic Garden to guide tree selection for climate resilience. 2. Commit to protect, conserve, and expand natural areas throughout the city such as Isabella Woods, Clark Street Beach Bird Sanctuary, the North Shore Channel, Perkins Woods, existing habitat, etc. 3. Adopt a tree preservation ordinance that requires obtaining a permit for tree removal on private property; include exceptions for diseased and nuisance trees; develop a fee structure that does not overburden income-constrained property owners. 4. Prioritize planting and preservation of native species of plants and trees on public and private property through education, incentives and other promotional programs. Ensure that landscaping requirements articulated in the zoning code include the preservation of the maximum possible number of existing trees, the use of native plantings and the preservation of natural areas whenever possible. 5. Reduce pesticide (insecticides and herbicides) and chemical fertilizer use community- wide through City policy and community education. Urban Canopy and Green Space Climate Mitigation I Heart Evanston Trees and RePlant Express: Since 2006, the invasive emerald ash borer, Dutch Elm disease, and intense weather events have claimed as many as 400 trees per year in Evanston! Trees clean the air, sequester carbon, absorb and filter stormwater, provide shade, help cool surrounding areas through evapotranspiration, and can increase property values. To combat these losses, the I Heart Evanston Trees and RePlant Express programs were created to raise funds to plant replacement trees. 887 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate 21 Focus Area Impact Quantifying emissions reduction and sequestration values is a challenging measurement process at the local level for urban canopy and green spaces. Maintaining green space, natural areas and the urban canopy in healthy and thriving condition improves Evanston’s resilience to climate change and supports incremental reductions in greenhouse gas emissions. Performance Metrics Target year Metric Description 2025 500 net new trees planted 2035 1,000 net new trees planted 2050 2,000 net new trees planted Annual Number of properties with Natural Wildlife Federation Wildlife Habitat Certification Annual Number of pesticide-free public parks and other properties Outreach and Engagement 1. Review and enhance the City’s public health procedures, information and messaging to encourage local gardening, composting, leaving leaves, and reducing chemical fertilizers and pesticides. 2. Support community volunteers such as participants in Openlands TreeKeepers program. 3. Post information about the City pesticide policy at City properties, include the policy in the City’s annual mailing to landscapers, and encourage voluntary steps to reduce pesticides. Climate MitigationUrban Canopy 888 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate22 Goal Educate, motivate and empower Evanston community members, institutions and businesses to take meaningful action to fight climate change and improve community resilience. Collective and decisive action by all residents, institutions and businesses is needed for Evanston to meet its climate action and resilience goals. Educating all members of the community about climate change, its impacts and solutions is critical. Actions in this section aim to educate, motivate and empower all community members to play a part in the Climate Action and Resilience Plan. Strategic action is needed at all levels, including the individual level. The average annual carbon footprint of a person living the U.S. is 16.2 MTCO2e *. This is greater on average than any other nation in the world—twice as much as the average person in Europe or Japan and ten times as much as the average person in India. Every resident should aim to reduce their own carbon footprint and adopt behaviors that are more sustainable, reduce climate change, and increase resilience. Actions 1. Engage both school districts and private schools to explore the possibility of developing and implementing an environmental education-integrated curriculum 2. Expand environmental education locations and programming within Evanston specifically to raise awareness about climate change and its effects on the community and the world 3. Establish a carbon footprint data collection program through surveys to community members and businesses 4. Establish a “MyCARP” program for residents to build their own climate action and resilience plans to empower them to take meaningful actions to reduce their own carbon footprint and increase their resilience 5. Implement a “Green Me, Green E” publicity campaign to build awareness, create buy-in and possibly raise funds for climate mitigation and resilience efforts 6. Implement a sustainable business recognition program to publicly recognize businesses with a commitment to sustainable practices 7. Protect and expand community garden programs to encourage local food production, through dedicated space and increased education efforts. Focus Area Impact Individual awareness about the impacts of climate change and what can be done to reduce Evanston’s impact and prepare for changes are prerequisites for the success of all of the focus areas within this plan. Empowering community members to take meaningful action will lead to larger systems change. Performance Metrics Target year Metric Description 2025 Each resident reduces their carbon footprint by at least 10% 2035 Each resident reduces their carbon footprint by at least 25% 2050 Each resident reduces their carbon footprint by at least 50% Annual Number of businesses recognized by the sustainable business recognition program Annual Number of residents participating in the “MyCARP” initiative Annual Number of public events held to educate, motivate and empower residents and businesses to learn about climate change and climate solutions Outreach, Education and Behavior Change Climate Mitigation * World Development Indicators 11/13/2018 https://data.worldbank. org/indicator/EN.ATM.CO2E.PC. 889 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate 23 Climate resilience is the task of evaluating the changing climate and preparing the community for anticipated changes and the impact they will have on the community and its infrastructure. The local impacts of climate change in Evanston were identified through the City’s participation in the Urban Sustainability Directors Network (USDN) Socioeconomic Climate Mapping Tool Project. The resulting Climate and Socio-economic Vulnerability Assessment helped City staff understand local climate data. The primary local climate hazards and their impacts identified are: Evanston Climate Hazards Climate Hazard By Mid-Century 2050 By End-Century 2075 Summary Extreme Heat Increase in extremely hot days, over 95°F and 100°F Shorter Winters Decrease in number of days below freezing Storms Increase in extreme precipitation events Drought Increase in drought conditions Evanston Climate Impacts Climate Impact By Mid-Century 2050 By End-Century 2075 Summary Infrastructure Stress With increased heat and sever storms physical infrastructure will be tested Human Migration The Chicago region may see an influx of climate refugees Flooding Higher risk of flooding and associated damage Invasive Species/ Pests Increase in invasive species and pests Air Pollution Poor air quality and increase in aeroallergens In order to respond to these threats six Focus Areas have been identified that demand policy and program solutions to ensure that Evanston remains a resilient community in the face of climate change. Climate Resilience Focus Areas Green Infrastructure Health Impacts of Extreme Heat Resilience Regulations Community Networks and Education Emergency Preparedness and Management Vulnerable Populations Climate Resilience 890 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate24 “Green infrastructure is a product, technology, or practice that uses natural systems or engineered systems that mimic natural processes to enhance overall environmental quality and provide utility services. Green infrastructure techniques apply to the use of soils and vegetation for infiltration, evapotranspiration, and/or recycling of stormwater runoff.” —Federal Environmental Protection Agency (EPA). In Evanston, there is a long history of investing in stormwater infrastructure primarily through the implementation of grey infrastructure such as: sewer pipes, pumps, detention ponds, and other human-made infrastructure. The implementation of green infrastructure in appropriate locations throughout Evanston can reduce potential flooding risks and potential capital expenses associated with grey infrastructure. Based on available data, there is a high probability of an increase in the number and impact of damaging floods in Evanston in the future. Most impacts will be moderate (since riverine flooding is not a threat in Evanston), such as overland flooding of homes and sewer system backups. Additionally, depending on the severity of increased precipitation, flooding could negatively impact the water quality in Lake Michigan through the release of contaminants. Although this is a remote possibility, it would be very severe if it occurred, and climate change can lead to unpredictable outcomes (see, for example, the algae blooms that caused toxic drinking water contamination in Toledo, Ohio). Actions 1. Contribute to zero occurrences of combined sewer overflows (CSOs) which can result in the opening of the Wilmette locks to release untreated wastewater into Lake Michigan. 2. Enhance stormwater systems to handle an increase in severe weather events. 3. Prioritize managing stormwater before it enters the sewer system through a combination of overland flow, detention, and infiltration strategies (for example, permeable surfaces). 4. Target specific types of infrastructure to implement green infrastructure including: parking lots, alleys, parks, vacant lots, parkways, and grading near sidewalks. In addition, identify property owned by other public entities that have a high potential for improved ecological management to improve stormwater management functions (school districts, Metra, Chicago Transit Authority (CTA), and Metropolitan Water Reclamation District (MWRD)). 5. Promote native landscaping, restore and conserve habitat; encourage rain gardens on private property, avoid turf grass, and convert City-owned space to include stormwater absorption features. Tree selection should consider those on the “Adaptive Planting List” which will thrive in our future local climate (refer to Chicago Botanic Garden’s “Trees for 2050” and other related assessments). 6. Prioritize tree planting and maintenance on public property. 7. During and immediately after major rainfall events, deploy an education and communication plan in coordination with the appropriate partners such as MWRD and Friends of the Chicago River to alert residents, businesses and institutions to delay activities that will contribute wastewater (such as doing laundry) until the treatment process can catch up with the overloaded combined sewer system. 8. Reduce water consumption. 9. Develop a program to provide incentives to property owners for improved stormwater management to be paid for in part by a stormwater utility fee assessed based on the amount of stormwater generated by a property. Include an evaluation of a stormwater utility fee on lower- and moderate-income residents and property owners. 10. Prepare a comprehensive plan for stormwater management that goes beyond baseline regulatory requirements and includes green infrastructure with the goal of eliminating CSOs. Green Infrastructure Climate Resilience 891 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate 25 An increase in number of hot days annually and temperature increases overall can cause negative health impacts, particularly to community populations and ecosystems that are already susceptible to temperature increases. The elderly, children, workers who perform outdoor labor and individuals involved in outdoor recreational activities will be most impacted. Primary health impacts include increased risk of heat stroke and exhaustion and a decrease in overall air quality. These conditions can exacerbate existing health conditions such as cardiovascular disease, allergies, respiratory illness, etc. Extreme heat, together with related air quality problems, poses an immediate and severe threat to human health, particularly for vulnerable populations. The following actions seek to reduce the adverse impacts of extreme heat. Actions 1. E stablish cooling centers and provide information to the community to ensure vulnerable residents are aware of these services, including direct messaging at community facilities and through health providers. 2. Provide guidance through resource material to social service providers so they are aware of best practices in treating client needs during an extreme heat event. 3. Develop materials instructing residents how to reduce exposure to ground level ozone. (Promote improvements to indoor air quality for homes, schools, childhood learning centers, institutions, and businesses, such as requiring healthy Indoor Environment and Indoor airPLUS protocols for all new construction.) 4. Plant shade trees to limit the need for indoor cooling and reduce temperatures at parks, playgrounds, and other outdoor spaces. 5. Investigate programs to reduce cost barriers that limit access to cooling assets such as Evanston beaches and pools during extreme heat events. Health Impacts of Extreme Heat Climate Resilience 892 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate26 New construction and modification to existing buildings are highly influenced by City zoning and building codes. Building codes, zoning ordinances, minimum parking requirements, landscaping regulations, and other requirements must support climate resilience strategies. Ensuring that new construction and renovations incorporate sustainable practices will improve climate resilience. Actions 1. Conduct a review of relevant City regulations, policies and practices and determine how climate resilience strategies can be incorporated. 2. Reduce vulnerability to flooding through provisions for locating mechanical and electrical equipment in above-ground building areas, and encourage alternative energy generation and energy storage systems. 3. Revise or implement building codes that reduce threats to vulnerable wildlife species, particularly birds (migratory and local). 4. Update plumbing codes to allow for non-potable water reuse for irrigation and other domestic uses. Resilience Regulations Climate Resilience 893 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate 27 Community awareness and preparedness for climate change and its impacts is fundamental, and an educated community is necessary for many of the City’s actions to be effective. City programs to improve resilience will not be effective unless residents and businesses participate. Actions 1. Educate residents about the impacts of climate change and develop messages that inspire action. Identify areas (physical places or regular public service announcements) to communicate City efforts, call for volunteers, and raise general awareness. 2. Improve resilience through education at public events (street fairs, farmers’ markets, and festivals). Increase awareness of climate change impacts and emphasize the need for household and neighborhood preparation. Create activities and messages that capture public interest. 3. Improve awareness among residents of the impacts of their actions on the environment, water quality, and waste generation. Educate residents and businesses on proper disposal methods for cosmetics, medications, and other products that contain potentially harmful chemicals. 4. Emphasize steps individuals can take to improve emergency preparedness. Increase awareness of City and other alert systems. 5. Provide education around vegetation management of trees and how proper management can reduce storm-related power outages. 6. Identify funding sources to facilitate a financial aid arrangement to assist property owners in conducting preventive vegetation management and assist with costs related to post-storm, tree clean-up. 7. Enhance community networks and connections for those who require special attention, such as the elderly, homebound, disabled, isolated, or those likely to be in need of financial assistance during or after extreme weather events (heat, cold and heavy precipitation). 8. Facilitate education about, and membership in, the existing North Shore Village organization. 9. Establish a “Neighbors Helping Neighbors” program. 10. Partner with local sustainability organizations to foster public volunteer efforts to maintain and grow park systems and green infrastructure, through tree plantings and integrated invasive species control. These programs could help contain costs and foster public involvement. Potentially hold partnered events on environmentally focused holidays such as May Day, Arbor Day, Earth Day, solstices, Mother’s Day, Father’s Day, etc. Community Networks and Education Climate Resilience Presbyterian Homes: This independent, not-for-profit organization will encourage carpooling among employees, upgrade lighting to LEDs, increase native plant species on their property, and purchase the most up-to-date HVAC systems. Future goals include developing a certified garden habitat at Westminster Place, one of their Evanston properties, and obtaining 100% of their energy from renewable sources by 2028. 894 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate28 In addition to an educated and prepared community, the City also needs to use best practices in emergency preparedness, management and response. The City is a front-line responder to the extreme weather events associated with climate change, and must have effective systems and processes in place to manage and respond to emergencies as they occur. Actions 1. Update or develop a community resilience plan to prioritize and prepare for responses in the event of a disaster and extreme weather events. Identify the location of critical facilities including hospitals, medical service providers, senior homes, childcare facilities, shelters, major and alternate transportation routes, public transit facilities and locations where hazardous chemicals are used or stored. 2. Improve the resilience of emergency response and communications systems. The City Manager’s Office will work with the Health and Human Services Department (HHS) Emergency Response Coordinator (ERC) and the City’s Emergency Manager for employee and resident emergency communications. They will routinely test and utilize communications systems and build in notifications and alerts for extreme environmental situations. 3. Continue to involve key community partners, such as hospitals, in emergency preparedness and management. Include the impacts of climate change as emerging threats in future response planning. 4. Ensure that facilities that serve vulnerable populations are resilient to climate hazards. Develop model procedures for ensuring both City and non-City facilities employ best practices in the event of an emergency such as flooding, power outages, extreme heat, etc. 5. Update the City emergency plans with specific climate change-related emergency materials. These could include press release templates, information on cooling/heating centers, specific plans for populations requiring mobility assistance, and steps to identify and help populations affected by extended power outages, flooding, etc. 6. Develop a debris management plan to support response to severe storm events and flooding. Emergency Preparedness and Management Climate Resilience 895 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate 29 The City has developed the following working definition for vulnerable populations relative to climate change hazards: community members who are placed at a disadvantage in preparing for and/or responding to climate hazards. These community members include, but may not be limited to: lower-income residents, people of color, immigrants, refugees, the elderly, children, people with disabilities, historically marginalized communities, renters, and those without access to cars. Different vulnerable populations will be affected depending on the climate hazard being experienced. It is expected that other populations will become vulnerable as a result of increasing climate hazards due to climate change. Many climate hazards result in negative effects, which may include higher utility bills, increased probability of flooding, higher food costs, and other financial stresses. Vulnerable populations, by definition, are placed at a disadvantage when responding to and preparing for these effects. Addressing their needs is a matter of environmental and climate justice. A proactive approach to climate change is essential in protecting the community’s most valuable assets, its residents. Actions 1. Identify current and future vulnerable populations. 2. Conduct targeted outreach with vulnerable populations to understand their needs and how the City can best assist them in preparing to meet those needs. 3. Assess City infrastructure and prioritize support for properties that provide services to vulnerable populations to ensure they are accessible. 4. Establish a protocol for providing assistance to populations that may face financial strain caused by climate hazards, such as higher utility bills, and identify funding sources to support those populations. 5. Investigate building improvement programs that would reduce energy consumption through added insulation, air sealing, passive energy systems, and higher efficiency equipment. 6. To buffer low-income residents from fuel price spikes, support alternative transportation modes such as transit, biking, and walking. Support renewable energy sources to provide resilience to energy price spikes. 7. Adopt an environmental justice ordinance, building on the work of Environmental Justice Evanston and the Equity and Empowerment Commission. Vulnerable Populations Climate Resilience 896 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate30 Implementation, Accountability and Partnerships The Climate Action and Resilience Plan Working Group recognizes that in order to achieve goals within the plan there must be robust implementation, external accountability and strong partnerships. The City will play a central role in coordinating partnerships, leading overall implementation and providing necessary information to allow accountability from external stakeholders such as relevant Boards, Committees, and Commissions and local stakeholder organizations. Implementation and Accountability 1. Increase City personnel dedicated to Sustainability to ensure that the City is able to implement the plan effectively. 2. Request that the CARP working group continue as an independent task force to assist with implementing plan actions, to identify projects or programs that could be carried out by interested volunteer residents, such as education campaigns, fundraising, etc. 3. T he City should prepare an annual report on the status of implementing the plan. Ensure systems are in place to effectively implement, monitor and measure the plan and the outcomes of the actions. 4. E xplore the feasibility of instituting a climate action tax/fee to be paid by the largest producers of GHGs to pay the costs of implementing the actions of the plan. Such funds could be used to create low-cost loans or small grants to encourage residential energy efficiency improvements, particularly for income-qualified residents. 5. Follow the Guiding Principles with a specific focus on centering equity in implementing and evaluating the plan. Partnerships 1. Partner with Citizens’ Greener Evanston to implement CARP strategies and continue community engagement and education programs. 2. Partner with the Evanston Public Library system to develop community education and outreach efforts. 3. Partner with ComEd and Nicor Gas on CARP initiatives and maximize incentive programs for residents and businesses. 4. Partner with energy service providers on energy efficiency strategies for residents. 5. Partner with the Solid Waste Agency of North Cook County (SWANCC) and the Evanston Rebuilding Warehouse to achieve Zero Waste goals. 6. Partner with all major employers to collectively implement CARP actions. 7. Partner with relevant Boards, Committees and Commissions (Transportation and Parking, Environment Board, Utilities Commission, Equity and Empowerment, etc.) to draft and send appropriate policies to the City Council and its committees. 8. Partner with local religious, spiritual and faith communities to further develop resident education and outreach efforts. 897 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate 31 Evanston Community Foundation (ECF) • Educating the nonprofit community on actions they can take to reduce their impact on climate change and support the plan. • Review the guidelines of ECF’s Climate Action Fund for opportunities to create long-term funding streams for this local carbon offset program. • E xplore opportunities to partner with the City of Evanston on joint grant ventures such as Partners for Places. NorthShore University HealthSystem • Achieve 50% of entire energy portfolio from renewable sources (RECs) by 2025. • Achieve 30% recycling rate across NorthShore campuses by 2020. • Increase the percentage of meat/poultry raised without the use of routine non-therapeutic antibiotics to 20% by 2020. Northwestern University • Reduce energy use intensity (energy use per square foot of space) 20% below 2010 levels by 2020. • Increase landfill diversion rates to 50% of total waste generated by 2020. • Achieve net zero emissions by 2050 from 2012 baseline (Reduce Scope 1 and 2 emissions by 30% by 2030). Presbyterian Homes • Westminster Place will commit to establishing a certified garden habitat and developing a pesticide management program by 2020. • Pending resident support, Presbyterian Homes will develop a renewable energy program that will outline incremental increased commitments to renewable energy sources, resulting in a 100% utilization by 2028. Implementation, Accountability and Partnerships Commitments from Large Employers Achieving ambitious goals such as Zero Waste, zero combined sewer overflows, 100% renewable energy and ensuring Evanston is a prepared and resilient community in the face of climate change, cannot happen without community leadership. Evanston is fortunate to have employers and organizations that are also civic leaders. Throughout the planning process the City worked with the following organizations to showcase their current and future contributions and commitments to sustainability and climate action.” 898 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate32 Implementation, Accountability and PartnershipsCommitments Presence Saint Francis Hospital • Reduce GHG emissions levels 50% by 2025. • E xpand use of ENERGY STAR Portfolio Manager to track and reduce water usage and adopt US EPA WaterSense Program. • Reduce, divert and reuse 35% of construction and demolition material by 2025. Rotary International • Pursue LEED Platinum status by 2022. • Source 100% of electricity from renewable sources. • Reduce building energy costs by continuously improving systems’ efficiencies and reducing energy usage o Switch to LED lighting o Install hydronic economizer o Update boiler system controls o Replace variable frequency drives on chillers Evanston/Skokie School District 65 • Adopt the Next Generation Science Standards (NGSS), which introduce global climate change, to middle school students. • Replace existing fluorescent lighting with LED lighting, which could cut electric consumption by 50% by 2028. • Eliminate StyrofoamTM trays in school cafeterias and replace with compostable trays that will be picked up and composted by a third party. Implement recycling in all school cafeterias. Evanston Township High School District 202 • Continue conversion of standard lighting to LED lighting • E xpansion of urban agriculture class • Continue to make own power, which allows ETHS to exit the ComEd power grid during peak demand periods 899 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate 33 Appendix A: Community Greenhouse Gas Emissions Inventory A greenhouse gas emissions inventory is an assessment of all the greenhouse gases that can be attributed to a given organization or jurisdiction in a given time period. Evanston’s greenhouse gas emissions inventory (Emission Inventory) is completed annually. The first year for which data is available is 2005. Purpose The purpose of the inventory is to demonstrate the primary areas in which emissions are occurring in order to direct and prioritize actions to reduce those emissions over the long term. In addition, the Emissions Inventory allows the City to track compliance with external commitments such as the Paris Climate Agreement, the Chicago Climate Charter, We Are Still In, STAR Community Rating System and participation in consortiums such as Climate Mayors. Global Protocol To ensure that Evanston’s Emissions Inventory is accurate, comparable and rigorous, the City follows the Global Protocol for Community-Scale Greenhouse Gas Emissions Inventories (GPC). GPC has two levels of protocol: BASIC and BASIC +. Evanston’s Emissions Inventory achieves the BASIC level. BASIC + includes emissions sources that are generally more difficult to track down. The City will evaluate achieving BASIC + in future years as more data is made available. In 2018, the City began disclosing its Emissions Inventory findings publicly through the CDP platform in accordance with The Global Covenant of Mayors for Climate and Energy (GCoM) requirements. The City will continue to disclose its Emissions Inventory data annually. Emission scopes According to the GPC protocol, emissions can be broken down into three different scopes (1, 2, and 3). Each of these scopes indicates the nature in which those emissions are generated. Scope 1 accounts for emissions occurring within Evanston’s municipal boundaries. Scope 2 is exclusively for electricity generated and supplied to accounts within Evanston’s municipal boundaries. Scope 3 captures emissions caused by actions within Evanston’s boundaries but occurring outside its boundaries, such sending waste to a landfill outside of Evanston. Global Protocol for Community- Scale Greenhouse Gas Emissions Inventories (GPC): Created by the National League of Cities, this protocol provides a “robust framework for accounting and reporting city-wide greenhouse gas emissions” in a standardized comparable format. BASIC and BASIC+: The two levels of reporting through the GPC Protocol 1. BASIC: “BASIC level covers scope 1 and scope 2 emissions from stationary energy and transportation, as well as scope 1 and scope 3 emissions from waste” 2. BASIC+: “involves more challenging data collection and calculation processes” CDP Platform: Is a platform for reporting and disclosing publicly Evanston’s climate data, risks and strategies to mitigate those risks. The Global Covenant of Mayors for Climate and Energy requires data to be reported through CDP for compliance. Evanston Emissions 2005–2050 1,200,000 1,000,000 400,000 600,000 800,000 200,000 0 2005 Performance Goals 2010 2015 2020 2030 2040 2045 24% Reduction MTCO2e 50% Reduction 80% Reduction Carbon Neutrality 2025 2035 2050 Figure 1 900 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate34 Emission data In order to provide detailed information on the data that impact emissions in Evanston, this Emissions Inventory includes three types of data for each emissions source: Source Data, Activity Metrics and Emissions Data. Source Data is data used for calculating overall emissions, such as electricity consumption, tons of waste or vehicle miles traveled. Activity Metrics are data within each emissions category that help contextualize the Source Data such as the number of registered vehicles in Evanston, number of electric accounts, or number of jobs. Emissions Data are the emissions amounts in metric tons of carbon dioxide equivalent (MTCO2e). The tracking and combination of these three sets of metrics allows for a contextualized and comprehensive understanding of the trends within the Emissions Inventory. Table 1: Community Greenhouse Gas Emissions Inventory Table 1 is the Community Greenhouse Gas Emissions Inventory, which includes the major Source Data categories. City staff have also created emissions categories that are made up of groupings of Source Data in order to show trends more clearly. Emissions categories include: Building Energy Consumption, Mobility and Transportation, Waste and Offsets and Renewable Energy Credits (RECs). As the detail below will demonstrate, there are numerous other ways to group and categorize the available data, but the current configuration has been determined most appropriate. As new data or better resolution data are made available, the categories may change to provide deeper insight into emissions trends and possible solutions. Emissions Inventory Table 1: Community Greenhouse Gas Emissions Inventory Emissions Scope Category Year 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Units MTCO2e 2 Building Energy Consumption Residential Electricity (all classes) 154,524 149,040 150,400 147,120 135,831 149,812 147,949 153,490 140,299 139,642 121,408 114,335 111,096 2 Building Energy Consumption Small Commercial Electricity 366,025 380,907 385,988 374,123 364,908 377,846 368,431 372,696 358,954 350,347 325,850 137,478 138,849 2 Building Energy Consumption Large Commercial Electricity 151,289 149,842 2 Building Energy Consumption Government non-City-owned 641 641 641 641 641 641 641 641 641 641 641 641 730 1 Building Energy Consumption Residential Gas Consumption 114,674 116,791 119,144 127,295 118,762 114,717 120,070 120,070 122,458 114,322 118,433 106,071 109,489 1 Building Energy Consumption Industrial Gas Consumption 224,266 221,954 234,950 245,586 218,672 198,521 4,284 4,284 4,402 4,108 3,895 3,412 3,482 1 Building Energy Consumption Commercial Gas Consumption 207,016 207,016 217,132 181,887 217,779 209,169 209,463 1 Building Energy Consumption Fugitive Gas Emissions 1,017 1,016 1,062 1,119 1,012 940 994 994 1,032 901 1,020 956 967 1 Transportation and Mobility VMT Community 121,736 121,736 121,736 121,736 121,736 118,084 118,084 118,084 118,084 118,084 118,556 122,148 142,925 2 Transportation and Mobility CTA Rail 18,785 17,659 18,698 19,321 14,916 19,366 21,536 19,979 22,085 21,416 13,396 11,263 11,708 3 Waste Waste 17,000 17,000 17,000 17,000 17,000 17,709 17,709 17,709 17,709 17,709 16,226 18,216 18,475 Total Pre-Renewable Energy Credits 1,018,668 1,026,744 1,049,621 1,053,941 993,478 997,635 1,006,713 1,014,962 1,002,796 949,057 937,205 874,977 897,026 2 Renewable Energy Credits Renewable Energy Credits - - - -76,801 -131,383 -144,841 -128,267 -119,418 -111,904 Total-Community 1,018,668 1,026,744 1,049,621 1,053,941 993,478 997,635 1,006,713 938,162 871,412 804,216 808,937 755,560 785,122 Municipal Operations Municipal Operations 24,559 24,559 24,559 24,559 24,559 19,251 19,251 19,251 19,251 19,251 10,689 8,144 8,145 Combined Total 1,043,227 1,051,303 1,074,180 1,078,500 1,018,037 1,016,886 1,025,964 957,413 890,664 823,467 819,626 763,703 793,266 % Reduction 0.0%-0.8%-3.0%-3.4%2.4%2.5%1.7%8.2%14.6%21.1%21.4%26.8%24.0% 901 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate 35 Since 2005, overall community-wide emissions have decreased by 24%. Over the same period, however, emissions proportion by category has not changed significantly, see Table 2. Table 2: Emissions Proportion by Category Over Time Category Portion of Overall Emissions 2005 2017 Municipal Operations 2%1% Waste 3%2% Transportation and Mobility 13%16% Building Energy Consumption 83%81% Factors such as a rapidly decarbonizing electric power grid and an increase in the use of electric vehicles will likely impact these proportions, although no local projections are available at this time. Overall community emissions in Evanston peaked in 2008, at which point emissions began a steady decline. The vast majority of reductions can be attributed to a cleaner power grid and significant purchases of renewable energy by Evanston residents, the City of Evanston, Northwestern University and NorthShore University HealthSystem. See Figure 1 for details. Emissions Inventory 2008 Evanston Climate Action Plan 2014 Livability Plan Table 3: Community Greenhouse Gas Emissions 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 0.0%-0.8%-3.0%-3.4%2.4%2.5%1.7%8.2%14.6%21.1%21.4%26.8%24.0% 1,200,000 1,000,000 800,000 600,000 400,000 200,000 — -200,000 Renewable Energy Credits-RECs Waste (sent to a landfill) Transportation and Mobility Building Energy Consumption Year Percent Reduced MTCO2e 902 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate36 Building Energy is made up of two data sources: electricity consumption and natural gas consumption. See Table 4 for historical detail on these Source Data. Table 4: Building Energy Source Data and Emissions Comparison Year Annual MWh*MTCO2e Therms MTCO2e* 2005 781,430,715 521,189 64,691,231 339,957 2006 756,747,811 530,587 64,599,505 339,762 2007 798,961,428 537,029 64,498,321 355,157 2008 782,062,363 521,884 67,331,533 374,000 2009 747,226,840 501,379 70,906,768 338,447 2010 785,031,309 528,299 59,831,587 314,177 2011 773,258,343 517,020 62,479,154 332,364 2012 777,542,932 526,826 62,479,153 332,364 2013 762,912,199 499,894 64,858,783 345,023 2014 748,574,297 490,630 56,688,584 301,217 2015 721,176,990 447,899 63,392,116 341,128 2016 740,970,210 403,742 60,173,383 319,608 2017 735,999,431 400,517 60,887,490 323,401 *MWh=Megawatt hours *MTCO2e= metric tons of CO2 equivalent Building Energy Emissions Inventory Through generous support from Citizens’ Greener Evanston (CGE), a local sustainability non-profit, the City was able to have the ICLEI—Local Governments for Sustainability, perform a quality control check on the inventory to correct any inconsistencies or errors. 903 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate 37 Emissions Inventory Since 2005, electricity consumption and natural gas consumption have decreased by 5.8% and 5.9% respectively. In contrast, metric tons of CO2 equivalent have dropped 23.3% and 5.9% respectively. Electricity The precipitous drop in electricity emissions is due partially to changes in the makeup of Evanston’s regional electric power grid. The U.S. is divided into different grid regions, each with their own operator and supply mix (sources of power generation such as coal generation, natural gas, nuclear, wind, hydro, solar, etc.). As the supply mix changes over time, the emissions intensity changes. For instance, as more renewable energy is brought in and older, dirtier forms of power generation are retired (coal and natural gas), emissions from electricity decrease. This change in power supply shows up in the City’s calculations through a factor set provided by the Federal EPA called eGRID. This factor set has historically been updated every two years. The last update was for the 2016 calendar year. The City anticipates a release of a new set in 2019, which will be applied to the 2018 Emissions Inventory. Electricity Offsets The other significant factor in the drop in electricity emissions is the result of the City, as well as a few community organizations, including Northwestern University and NorthShore University HealthSystem, purchasing Renewable Energy Credits (RECs) to offset electricity consumption. Electricity offsets have been purchased and tracked in the Emissions Inventory since 2011. RECs support investment in renewable energy. Since 2011, the largest single source of RECs has been secured through the City’s Electricity Aggregation Program for residents and small businesses. In 2017, the combination of all RECs purchased in Evanston offset 15% of Evanston’s community-wide emissions. Diminishing Impact of RECs In order to calculate the offset amount for each REC that that is purchased, 1 REC is equivalent to 1 MWh of electricity. The City follows industry practice by using the same eGRID emissions factors to evaluate the impact on emissions. The same eGRID factor is used for electricity and for calculating REC impact. In this way, the reduction in eGRID values means that each new REC purchased becomes less impactful as the grid becomes cleaner. Although the cleaner grid is a good thing, it means that, depending on the future price of RECs, their cost to impact the ratio may increase. This does not mean that RECs should not continue to be a tool to reduce emissions, but indicates that RECs remain a short-term strategy to reduce emissions and that reliance on them should be evaluated regularly. Natural Gas As stated above, the reduction in emissions associated with natural gas consumption are directly proportional to natural gas consumption. The City has not pursued policies to directly reduce natural gas consumption and, as prices have stayed low, it is unsurprising that consumption and emissions have not decreased significantly. This plan, as well as the existing Energy and Water Benchmarking Ordinance, are crucial next steps in setting the groundwork for future reductions in natural gas consumption and emissions. Consumption of natural gas is split into four different categories as indicated in Table 1. Those categories are: Residential, Commercial, Industrial and Fugitive. Consumption breakdown is roughly 33% residential, 65% commercial, 1—2% Industrial and less than 1% fugitive. This breakdown has stayed the same since 2005. (eGRID) The Emissions and Generation Resource Integrated Database (eGRID) is a comprehensive source of data on the environmental characteristics of almost all electric power generated in the United States. eGRID values are developed by the U.S. Environmental Protection Agency and updated periodically. Emissions InventoryBuilding Energy 904 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate38 Obtaining local transportation and mobility data has been a challenge for the City for numerous years and is an obstacle that many smaller jurisdictions face. As indicated in the Climate Mitigation section of the plan, data collection is listed as a “preliminary step” in order to make measurable improvements in mobility and transportation metrics. The Mobility and Transportation section of the Emissions Inventory is made up of three parts: 1) Vehicle Miles Traveled (VMT) analysis, 2) Fuel Sales Factor, and 3) Chicago Transit Authority (CTA) Rail electricity consumption. Additional factors may be added in the near future, as the City evaluates how to capture emissions from alternative fuel vehicles, such as compressed natural gas and electric/hybrid electric. 1. Vehicle Miles Traveled (VMT) T he Chicago Metropolitan Agency for Planning (CMAP) conducts a regional VMT study every five years. They were able to perform an additional layer of analysis to extract Evanston’s proportional contribution to the regional VMT. Thus, the included data does not reflect actual activity in Evanston, but rather serves as a placeholder for locally generated data. Given that the regional analysis is only completed every five years, there is only “actual” data for 2005, 2010 and 2015. Years 2016 and 2017 show different values, as will future years, because fuel sales are used as a factor to provide local “tempering” of the VMT data. See below for a complete explanation. 2. Fuel Sales Factor In previous emissions inventories, the City relied exclusively on fuel sales to account for the transportation portion of emissions. The City still recognizes the value that fuel sales can provide in terms of providing a locally specific data point to evaluate changes in local behavior. As a result, the City has established a methodology where the annual percentage change in fuel sales is applied to the most recent year that VMT data is available, in this case 2015. This factoring or “tempering” allows for local activity to be expressed on an annual basis in the inventory. 3. CTA Rail In 2005, CTA Rail accounted for 13.5% of transportation emissions and in 2017 that proportion had shrunk to 8%. Given that emissions and electrical consumption used by CTA Rail is outside of the City’s direct control and oversight, there is not much attention paid to this emissions area. Efforts to influence this area of emissions would likely have to take the form of advocacy to the CTA to purchase renewable energy or install onsite generation for their usage. Transportation and Mobility Emissions Inventory 905 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate 39 Zero Waste Collecting comprehensive material recovery data for the community and calculating the associated emissions has proven to be quite difficult. Complicating factors include: lack of access to data, numerous data sources, incompatible data formats, insufficient information on waste characterization, variable contractor compliance, etc. Despite these challenges, the City has developed a comprehensive material recovery dataset that is divided into numerous material recovery types. The City does not have data prior to 2011, so emissions from 2005–2010 is estimated and some data beginning in 2011 is incomplete. Given those gaps in data, the City has selected 2017 as the official baseline year for measuring material recovery performance moving forward, including progress towards achieving Zero Waste by 2050. Access to data is just one challenge in evaluating and calculating the emissions from material recovery. In the GPC BASIC protocol emissions, impact is not calculated for recycled items or material that is otherwise diverted from the landfill (except compost). Instead, the emissions for landfilled and composted material is calculated. Landfill management and methane capture are both factored into the calculations of emissions. Presently, material generated in Evanston is sent to landfills that are capturing, flaring or using for energy at least 95% of methane released. Additional factors that impact material recovery emissions include the characterization or make up of disposed of material. For example, the amount of paper vs. organics in Evanston’s disposed of impacts the emissions profile. If greenhouse gas-intensive materials would be prioritized for diversion, such as food scraps and organics, that could have an impact on material recovery-related emissions. Zero Waste Emissions Inventory Progress will be measured against 2017 baseline data. Table 5: 2017 Community Waste Breakdown. All values shown in tons Service Category Garbage Recycling Compostable Material Miscellaneous Diversion Total Commercial 30,342 3,111 54 33,508 Residential 16,717 7,337 2,751 26,805 Northwestern 3,197 1,432 681 5,311 City Collected 3,153 3,153 Other 282 282 Total 53,410 11,881 3,487 282 69,062 906 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate40 Material Types Commercial includes all material collected through the City’s Commercial Franchise, Food Waste Service by Collective Resource and collection that is exempt from the Commercial Franchise. Residential services combines both condominium buildings and residential buildings up to four units. Northwestern data is provided by SustainNU and includes all material collected at the Evanston campus. City Collected Garbage includes material collected through special pick-ups, special collections, bulk -pick-up, street sweeping, construction projects, etc. Table 6: 2017 Categorical Material Diversion Rates Diversion Rate Waste Category Recycling Overall Commercial 8.9%9.0% Residential 25.6%36.2% Northwestern University 27.0%39.8% Community 17.2%22.7% Trends Commercial material collection accounts for just under 50% of the community’s overall material generation. Any change within the commercial service category will have a significant impact on the overall community diversion rate. In order to achieve a community diversion rate of 50% by 2025 significant progress will need to be made in increasing commercial diversion. It is worth noting that residential diversion must increase from its current level of just under 40%. The impact of the Food and Yard Waste and Food Waste by Collective Resource services will begin to show up in data for 2018 and onward. Table 7: 2017 Community Diversion Rate Comparison City Overall Diversion Rate Columbia, MO 18% Evanston, IL 22% Ann Arbor, MI 50% Louisville, KY 58% Santa Monica, CA 78% Palo Alto, CA 82% Zero Waste In order to achieve the Zero Waste by 2050 goal and 50% diversion by 2025, Evanston must make strides in decreasing the amount of overall material generated as well as continue to implement programs that target high potential and low performing service areas such as commercial entities. In addition, the City needs improved data in order to better track trends impacting material recovering within each service type. Improved data will allow for stronger contracts and policies to be implemented that make meaningful progress towards decreasing overall material generation. Compostable Material Recovery In late 2017, the City implemented new residential and condo waste hauling contracts and was able to do three things that should lead to a reduction in waste-related emissions: waste characterization studies, reporting quarterly transportation related emissions, and implementing food waste composting services. Emissions InventoryEmissions InventoryZero Waste 907 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate 41 Appendix B. Glossary of Terms Carbon Emissions The release of carbon dioxide into the atmosphere. Primary human sources of the release of carbon dioxide occur from burning oil, coal, and gas for energy use. Carbon Disclosure Project (CDP) An international organization that administers a platform for organizations and cities to publicly disclose their environmental impacts, such as climate risk. CDP is one of the approved disclosure platforms utilized by GCoM. Evanston began disclosing climate risk in compliance with GCoM requirements with CDP in 2017 and plans to continue disclosing annually. Carbon Neutrality For the purposes of the Climate Action and Resilience Plan, Carbon Neutrality refers to the point at which Evanston’s net greenhouse gas emissions reach 0. This will likely be achieved through a combination of reducing emission sources and offsetting and sequestering any remaining emissions. Carbon Sinks A forest, ocean, or other natural environment viewed in terms of its ability to absorb carbon dioxide from the atmosphere. Chicago Metropolitan Agency for Planning (CMAP) A regional planning organization created in 2005 for the northeastern Illinois counties of Cook, DuPage, Kane, Kendall, Lake, McHenry, and Will. The agency develops and guides implementation of comprehensive regional planning and is based in Chicago, Illinois. Evanston’s Vehicle Miles Traveled (VMT) data is derived from a regional transportation study developed by CMAP. Circular Economy An alternative to a traditional linear economy (make, use, dispose) in which an economy is a regenerative system where resource input and waste are minimized. This is achieved through long-lasting product design, repair, reuse, remanufacturing, and recycling. Circular economy strategies are often cited as systems level approaches to reducing waste generation through product and system design. Clean and Renewable Energy Sources Refers to the definition of “renewable energy resources” provided by the Illinois Power Agency Act and utilized by the Illinois Sierra Club. The definition includes energy and its associated renewable energy credits or renewable energy credits from wind, solar thermal energy, photovoltaic cells and panels, biodiesel, anaerobic digestion, crops and untreated and unadulterated organic waste biomass, tree waste, and hydropower that does not involve new construction or significant expansion of hydropower dams. For purposes of this Act, landfill gas produced in the State is considered a renewable energy resource. “Renewable energy resources” does not include the incineration or burning of tires, garbage, general household, institutional, and commercial waste, industrial lunchroom, or office waste, landscape waste other than tree waste, railroad crossties, utility poles, or construction or demolition debris, other than untreated and unadulterated waste wood. Climate Change Any significant change in the measures of climate lasting for an extended period of time. Major changes include changes in temperature, precipitation, or wind patterns, among others, that occur over several decades or longer. For this plan, the term specifically references anthropogenic climate change initiated and exacerbated by the burning of fossil fuels. Climate Hazard An extreme climate event or condition that can harm human health, livelihoods, or natural resources. It can include abrupt changes to the climate system such as extreme precipitation, storms, droughts, and heat waves. Climate Mitigation The efforts to reduce or prevent the consequences of climate change. It generally involves reducing emissions of heat-trapping gases or removing them from the atmosphere. Climate Resilience or Adaptation The capacity of a natural environment to prevent, withstand, respond to, and recover from a disruption. The process of adjusting to new climate conditions in order to reduce risks to valued assets. Climate Vulnerability Assessment A report used to identify and define the risks posed by climate change and inform adaptation measures needed to combat climate change. Reports can be about a wide range of fields including food security, poverty analysis, and sea-level rise. ComEd The largest electric utility in Illinois (based in Chicago). ComEd delivers electricity to homes and businesses and manages four million customers across Northern Illinois, including Evanston. Community Choice Electricity Aggregation (Aggregation) Allows local governments the option to bundle together residential and small commercial retail electric accounts and seek proposals for potentially cleaner, cheaper sources of power. The City of Evanston provides 100% renewable energy to residents enrolled in its Aggregation program. This program has been in place since 2012; more information can be found at www.cityofevanston.org/cca. Community Solar Solar facilities shared by multiple community subscribers who receive credit on their electricity bills for their share of the power produced. Community solar allows members of a community to share the benefits of solar power on their property without installing it on their own property. Electricity generated by the community solar farm typically costs less than the price from utility companies. In 2016, the State of Illinois passed robust tax incentives and accompanying legislation to incentive community solar programs throughout the state. 908 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate42 Appendix B Combined Sewer Overflow (CSO) Combined sewers are designed to collect rainwater runoff, domestic sewage, and industrial wastewater in the same pipe. During periods of heavy rainfall or snowmelt, wastewater volume can exceed the capacity of the sewer system and overflow into nearby streams, rivers, or other bodies of water, thereby creating a Combined Sewer Overflow. Unfortunately, the overflow can also contain untreated human and industrial waste, toxic materials, and debris. Evanston works with the regional stormwater utility, the Metropolitan Water Reclamation District (MWRD) to manage stormwater and prevent CSOs. Deconstruction The process of systematically dismantling a structure in an environmentally, economically, and socially responsible manner to maximize recovery of materials for reuse and recycling. Emission Scopes The GPC breaks down greenhouse gas emission sources into different categories; one of these categories is Emission Scopes. Emission Scopes are primarily useful when combining emissions inventories from multiple cities or jurisdictions to ensure no double- counting is taking place. The three standard Emissions Scopes are: Scope 1: direct emissions from owned or controlled sources Scope 2: indirect emissions from generation of purchased energy Scope 3: indirect emissions that occur in the supply chain, both upstream and downstream Environmental Justice The fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation and enforcement of environmental laws, regulations and policies. U.S. Environmental Protection Agency (EPA) A federal agency, with state and local affiliates, established in 1970 to consolidate research, monitoring, standard-setting and enforcement activities a mission to protect human health and the environment. Global Covenant of Mayors for Climate and Energy (GCoM) An international coalition of cities and local governments with a shared long-term vision of promoting and supporting voluntary action to combat climate change and foster a resilient society. Global Protocol for Community-scale Greenhouse Gas Emissions (GPC) Created by the National League of Cities, this program promotes a “robust framework for accounting and reporting city-wide greenhouse gas emissions” to help cities lessen their greenhouse gas emissions. Evanston’s GPC-compliant Emissions Inventory allows Evanston to effectively track emissions changes overtime and compare progress to comparable communities. Greenhouse Gas Any gas that absorbs infrared radiation and traps heat in the atmosphere. Common greenhouse gases include carbon dioxide, methane, nitrous oxide, and fluorinated gases. Carbon dioxide and methane are commonly referenced as having the largest impact on anthropogenic climate change. Greenhouse Gas Emissions The release of greenhouse gases into the atmosphere. Sources of greenhouse gas emissions include electricity, transportation, industry, commercial and residential properties, agriculture, and land use. Greenhouse Gas Emissions Inventory A report that provides a comprehensive accounting of total greenhouse gas emissions for all human-made sources and removed from the atmosphere by carbon sinks. Evanston’s greenhouse gas emissions inventory can be found in Appendix A: Emissions Inventory. Green Infrastructure An approach to managing precipitation by reducing and treating stormwater at its source while delivering environmental, social, and economic benefits. Stormwater runoff can carry trash, bacteria, and other pollutants and is a major cause of water pollution in urban areas. Indoor Environment and Indoor airPLUS A voluntary EPA program for new home builders aimed at improving the quality of indoor air. The program requires certain construction practices and products to minimize exposure to airborne pollutants and contaminants. International Panel on Climate Change (IPCC) The leading international body for the assessment of climate change. The IPCC was established in 1988 to provide the world with a clear scientific view on climate change and its potential environmental and socio-economic impacts. Kilowatt Hours (kWh) The most common unit of measurement for quantifying electricity generation and consumption. Evanston’s uses kWh and MWh in its tracking and calculations of electricity consumption and generation. Individual homeowner electric bills, such as those from ComEd, are typically measured in kWh. Megawatt hours (MWh) The second most common unit of measurement for quantifying electricity generation and consumption. Evanston uses kWh and MWh in its tracking and calculations of electricity consumption and generation. A megawatt hour is equal to 1,000 kilowatts of electricity used continuously for one hour. Metric Tons of CO2 Equivalent A measure used in comparing emissions from different greenhouse gases on the basis of their global warming potential (how long a gas remains potent and active in the atmosphere), used by converting amounts of various gases to the equivalent amount of carbon dioxide’s global warming potential. Metropolitan Water Reclamation District (MWRD) Is the storm- and waste-water utility serving Evanston and most of Cook County. The MWRD is governed by an elected Board of Commissioners created by the state government tasked with reclamation and treatment of wastewater and flood water abatement. The District must protect the health and safety of the public and protect and manage water as a vital resource. 909 of 945 City of Evanston | Climate Action and Resilience Plan | cityofevanston.org/climate 43 Appendix B Mode Share The percentage of travelers using a particular type of transportation. Modal share is an important component in developing sustainable transport within a city or region because it reveals the level of utilization of various transportation methods. The percentage reflects how well infrastructure, policies, investments, and land-use patterns support different types of travel. Municipal Alternative Retail Electric Supplier (mARES) An Alternative Retail Electric Supplier (ARES) is an energy services company that supplies electric power to customers. ARES typically have more control over their electric power source, such as purchasing renewable energy, and can lock-in longer term prices for customers. A municipal ARES would allow the City to act as an alternative electric supplier to Evanston customers. Net-zero Emissions (NZE) Building A building or property that generates or offsets all energy consumed. If the City develops a NZE building code, this definition will have to be refined to provide additional guidance on calculating emissions and offsets to achieve net-zero emissions. Nicor Gas An energy company that delivers natural gas to 650 communities throughout Northern Illinois, including Evanston. North Shore Village A non-profit organization in Evanston that offers older adults support and connections to each other as they age. It is a member-driven organization that helps older adults stay in their homes for as long as they can while being active, vital, and contributing members to the community. Pre-industrial The multi-century period prior to the onset of large-scale industrial activity around 1750, typically associated with the beginning of intensive fossil fuel extraction and burning and the subsequent release of greenhouse gases into the atmosphere. Power Purchase Agreement (PPA) A power purchase agreement (PPA), or electricity power agreement, is a contract between two parties; one party generates electricity (the seller) and the other party looks to purchase electricity (the buyer). Individual customers and organizations may enter into PPAs with individual developers or may join together to seek better prices as a group. PPAs can allow longer term commitments to renewable energy as well as a form of “direct” investing in new renewable energy generation. Property-Assessed Clean Energy (PACE) A program created for financing energy efficiency and renewable improvements on private property. Private property can include residential, commercial or industrial properties. Improvements can include energy efficiency, renewable energy and water conservation upgrades to a building. The State of Illinois has passed legislation allowing PACE programs at the municipal and county-level throughout the state. Renewable Energy Energy resources that are naturally replenishing such as solar, wind, hydro and geothermal energy. Renewable Energy Credits (RECs) A market-based instrument that represents the property rights to the environmental, social and other non-power attributes of renewable electricity generation. RECs are issued when one megawatt-hour (MWh) of electricity is generated and delivered to the electricity grid from a renewable energy resource. The single largest category of reductions in Evanston’s emissions has been through the purchase of RECs. Retro-commissioning The systematic process to improve an existing building’s performance ensuring the building controls are running efficiently and balancing the designed use and the actual use of the building. Ride-share The practice of sharing transportation in the form of carpooling or vanpooling. It is typically an arrangement made through a ride- matching service that connects drivers with riders. Urban Tree Canopy Describes the makeup and characteristics of trees within the urban environment. Evanston has a “robust” urban tree canopy that is made up of trees on public property and trees on private property. Vehicle Miles Traveled (VMT) A measurement used to estimate the total annual miles of vehicle travel. It is typically calculated by measuring the total non-freight vehicle miles traveled divided by the total population. Evanston does not conduct its own local VMT study; it relies on modeled data provided by CMAP. VMT is standard method of transportation-related emissions. Zero Emission Vehicles (ZEV) A vehicle that does not emit harmful emissions during operation. Harmful emissions can have a negative impact on human health and the environment. Electric (battery-powered) cars, electric trains, hydrogen-fueled vehicles, bicycles, and carriages are considered to produce zero emissions. Zero Waste A cyclical system in which products are designed for reuse, which creates no waste. A zero waste system eliminates the volume and toxicity of waste and materials and conserves current resources through reuse. Evanston’s goal of Zero Waste is calculated based on the percentage of material diverted from a landfill; when that percent reaches 100%, then Evanston will have achieved Zero Waste. 910 of 945 Updated 12/20/17 Mayor Hagerty ’s Climate Action and Resilience Plan Working Group Member Bios (17 in total) Vickie Jacobsen A professional transportation planner with 15 ‐years’ experience in helping communities find sustainable solutions to mobility, focusing on multimodal and context‐sensitive approaches. A graduate of the University of Colorado in Urban and Regional Planning. Founding member of Go Evanston in 2016, an organization committed to making our transportation system work for all users, regardless of age, income, ability or mode of travel. Dedicated to teaching and training children about active transportation to foster healthier and happier lives. Evanston resident since 2006; loves raising her three daughters here with husband Steve, as well as riding her bicycle, cooking and traveling whenever possible. Sarah Lovinger, MD is an internal medicine physician and climate change activist. As director of the Chicago chapter of Physicians for Social Responsibility (ChicagoPSR) since 2009, Sarah has lead public health advocacy to help shut down Chicago's coalfired power plants, work with Northwestern students to create a Climate Change and Health Resilience Plan for Cook County and start and help manage five medical student PSR chapters in the Chicago area. A graduate of Barnard College, Columbia University and Rush Medical College, Sarah speaks French and medical Spanish, and designed and taught a course on climate change and public health in the global health program at Northwestern for several years. Mariana Oliver Urban planner, specializing in housing and economic development, and current PhD candidate in Sociology at Northwestern University. Urban planning master’s degree from NYU Wagner School for Public Service, and work experience including Research Assistant for the Furman Center for Land Use and Real Estate Policy and policy intern for the NY State Empire Development Corporation’s Real Estate Department. Graduate of Washington University in St. Louis with a background in International and Area Studies, with a focus on Latin America. Language skills include fluent Spanish and some Portuguese. Mariana has been a resident of Evanston since 2015 and enjoys finding great coffee shops, cycling, film, and traveling. Lonnie Wilson Lonnie has worked in the green energy field for 15 years as a Geo thermal driller and tech as an employee of indie energy and has solar installation experience also. Lauren Marquez-Viso (CARP Co-Chair) Conscientious global citizen, activist, and non-profit management professional with over 9 years of experience in international 911 of 945 Updated 12/20/17 humanitarian and educational grant management at The Rotary Foundation. A graduate of the University of Michigan with academic background in Anthropology, Religious Studies, and International Studies. Currently a member of the Climate Reality Leadership Corps and board member of Citizens’ Greener Evanston . Additional language skills include Spanish and some Japanese. Lauren has been an Evanston resident since 2011 and enjoys connecting with nature, volunteering, doing photography, traveling, yoga, and spending time with her family and dogs. John Moore is Director of The Sustainable FERC Project, a coalition based initiative housed within Natural Resources Defense Council. (The Project promotes the transition to a cleaner, lowcarbon, and sustainable energy future through reforms to wholesale electricity markets, operations, and planning across the country.) Mr. Moore previously was a Senior Attorney at the Environmental Law and Policy Center in Chicago, and he started his career in Washington, DC as an environmental attorney at the firms Akin Gump and Squire Patton Boggs. He has resided in Evanston since 2005 and enjoys hiking, sailing, fiddle playing, and travel. Joel Freeman (CARP Co-Chair) Licensed Professional Engineer with the engineering consulting firm of Grumman/Butkus Associates in Evanston for over 30 years in technical work related to analysis and design of building mechanical and electrical systems. A graduate of the University of Illinois at Urbana-Champaign in Mechanical Engineering with post graduate studies and professional affiliations that include the Association of Energy Engineers (AEE) and LEED AP. Previous Evanston activities include membership on the Mayor's Wind Farm Committee, chair of the Utilities Commission, and convener of Evanston’s Energy Future (an early predecessor of Citizens’ Greener Evanston). Joel has been an Evanston resident since 1991 and enjoys canoeing, camping, history, astronomy and raising two daughters. Jerri Garl is Chief of the Materials Management Branch at U.S. EPA Region 5 in Chicago. She is responsible for the sustainable materials management program, including efforts to minimize waste generation, foster efficient materials use across their lifecycle and increase recycling. She also manages the pollution prevention program as well as efforts to assist states with municipal solid waste disposal issues. During the previous administration she worked on climate change mitigation from a materials management perspective and served on the Region’s climate adaptation committee for the past 5 years. A member of Environmental Justice Evanston since 2014, Jerri plans to represent EJ issues on the CARP working group. She is also a member of the Evanston Environment Board. She and her husband have been Evanston residents for the past 34 years and have two grown children. Henry Eberhart is a 15 year-old sophomore at Evanston Township High School, where he participates in Speech & Debate, wrestling, baseball, and the Emerge program. His 912 of 945 Updated 12/20/17 concern for environmental issues is connected to conversations at home with parents, his involvement at First United Methodist Church, and his research focus in debate on indigenous worldviews. In particular, he is interested in how climate change and other forms of environmental harm are linked with histories of colonialism, white racism, and modern Western thought. Henry, his parents, and younger brother and sister have lived in Evanston for over 7 years aftermoving from Nashville, TN. He is currently thinking about studying environmental engineering and indigenous studies in college. Emily Lawrence As a specialist in Environmental, Social and Governance (ESG) investing with the Northern Trust Company, Emily works with institutional and individual investors to support their education and adoption of sustainability and ESG investment strategies and tools. Emily was appointed to the Principles for Responsible Investment working group on Sustainable Development Goals and active ownership in 2017. A recent transplant to Evanston, Emily and her family enjoy spending their free time discovering the different family friendly amenities the community has to offer, including the beach, bike trails and playgrounds. Likwan Cheng Likwan Cheng is a teacher and researcher at the City Colleges of Chicago. Previously, Likwan was a staff member in the Laboratory for Planetary Studies at Cornell University, and a postdoctoral fellow in the Environmental Research Division at Argonne National Laboratory. Combining academic trainings in science and sustainability management, Likwan has worked in both basic science and policy actions. He has presented invited lectures at leading research institutions in Europe, Asia, Latin America, and the United States. His publications have been cited over 2,000 times in the peer-reviewed scientific literature. Mr. Cheng received a Ph.D. in materials science and engineering from Northwestern in 1998. He is a naturalized U.S. citizen and a former member of the City’s Environment Board. Chris Kucharczyk Ph. D. Candidate in Materials Science enrolled at the California Institute of Technology and completing his doctoral work at Northwestern University. His thesis research focuses on improving the power and efficiency of solid oxide fuel cells for use as a clean energy technology. A graduate of Stanford University with an academic background in Physics and Computer Science. Currently a member of the Evanston Environment Board. Chris has lived in Evanston's fifth ward since 2015, where he resides with his wife Danielle and their two cats. Judy Pollock Former Director of Bird Conservation at Audubon Chicago Region and founding president of the Bird Conservation Network, Judy finds joy in collaborating and organizing at the intersection of birds, plants and community. Her work has resulted in well documented increases in bird populations. Her project locations include North Shore Channel, Gillson Park, LaBagh Woods, Clark Street Beach Bird Sanctuary, the Obama Presidential Center, Bartel Grassland/Killdeer Wetland, and others. She is a 913 of 945 Updated 12/20/17 part of Bird Friendly Evanston, which is working to reduce bird mortality due to windows and lights, and organizer of the BCN Survey, a citizen science monitoring project. Judy believes that habitat restoration and landscape solutions for birds can engage citizens and landowners, both large and small, in meaningful conservation work in urban areas. Bob Dean is the Deputy Executive Director for Planning with the Chicago Metropolitan Agency for Planning (CMAP). He oversees CMAP’s programs that provide assistance to local governments, covering topics including transportation, land use, sustainability, housing, economic development, and many others. Before holding this position, he was the project manager for GO TO 2040, the long range comprehensive plan for the Chicago metropolitan area, and previously worked in transportation and land use planning for the City of Naperville and the DuPage Mayors and Managers Conference. Bob has lived in Evanston for a little more than a year, and this is his first volunteer experience with the City. Gabriela Martin Program Director at the Illinois Clean Energy Community Foundation, where she oversees energy grants, including efforts to promote net zero energy buildings and net zero energy wastewater treatment plants. Has over 25 years of experience in policy, research, analysis, energy modeling, program and product development in the fields of renewable energy, energy efficiency and greenhouse gas emissions. She is a Fellow of the American Solar Energy Society (ASES), has served on the ASES Board of Directors and chaired the Magazine Advisory Council for Solar Today magazine. Gabriela received her MS in Environmental Management and Policy at the University of Pennsylvania and BA in Economics and French at the College of William and Mary. She has lived in Evanston since 1999. Gajan (Gaj) Sivandran Joined the Engineering Science Department at Loyola University of Chicago in 2016 as a Clinical Assistant Professor of Environmental Engineering. After graduating from the Environmental Engineering Department of the University of Western Australia (2002), conducted environmental impact assessment and emergency response plans for the oil and gas industry. After the 2005 Indian Ocean tsunami, volunteered with the International Federation of the Red Cross and Red Crescent Societies in Indonesia as a water and sanitation delegate. Completed a PhD at Massachusetts Institute of Technology in 2012 incorporating vegetation water interactions into climate models. Gaj has been an Evanston resident since 2016 and enjoys being outside as much as possible with his dog and daughter and engaging students in environmental issues. Jack Darin serves as the Executive Director of the Illinois Chapter of Sierra Club. Jack works with volunteer leaders and staff to set priorities, hold elected officials accountable, build new alliances, and makes sure Sierra Club has the financial and 914 of 945 Updated 12/20/17 other resources needed to protect the Prairie State for future generations. Jack is an 18 year resident of Evanston and has been involved locally as a volunteer board member for local organizations. 915 of 945 For City Council Meeting of December 10, 2018 Item O3 Ordinance 152-O-18, Food Service and Retail Amendments For Introduction To: Honorable Mayor and Members of the City Council From: Evonda Thomas-Smith, Director, Health and Human Services Ike C. Ogbo, Public Health Manager, Health and Human Services Subject: Ordinance 152-O-18, Amending Title 8, Chapter 6, Food Service and Retail, Food Store Sanitation Date: November 27, 2018 Recommended Action: Human Services Committee and staff recommend City Council adopt Ordinance 152-O- 18, amending Title 8, Chapter 6 of the Evanston City Code. This action will align the City Code to the State’s amendment to the Illinois Food Service Sanitation Rules and Regulations which mandates the adoption of the 2017 U.S Food and Drug Administration Code, FDA, and all subsequent editions and amendments for all Illinois local health departments. The State’s amendment will be effective January, 2019, requiring Inspectors to conduct FDA based inspections at Evanston’s licensed food establishments. Livability Benefit Support Strong and Safe Communities: Improve health outcomes Summary: The State of Illinois amended the Illinois Food Service Sanitation Rules and Regulations by repealing the Administrative Code, Title 777, Part 750 of the 2008 Illinois Food Sanitation Code to adopt the 2017 FDA Code and all subsequent editions and amendments. This action assures the most up-to-date food safety guidelines for inspections based on science and research. Staff of the Health and Human Services Department inspects 442 licensed food establishments in Evanston with an average of over 1,100 inspections per year. Under the amendment, all 442 establishments will continue to be inspected at the same frequency using the FDA Code Attachment: The Repealed Illinois Administrative Code, Title 777, Part 750 Ordinance 152-O-18 Memorandum 916 of 945 917 of 945 918 of 945 919 of 945 920 of 945 921 of 945 922 of 945 923 of 945 924 of 945 152-O-18 AN ORDINANCE Amending Title 8, Chapter 6, “Food Service and Retail Food Store Sanitation” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Title 8, Chapter 6, “Food Service and Retail Food Store Sanitation” of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: CHAPTER 6 - FOOD SERVICE AND RETAIL FOOD STORE SANITATION 8-6-1. - ADOPTION BY REFERENCE. (A) Pursuant to the authority granted by 65 ILCS 5/1-3-4 and pursuant to its home rule powers, the City hereby adopts by reference and incorporates herein the following: 1. The 2008 2017 and all subsequent editions or amendments to the Illinois Department of Public Health's publication currently titled "Food Service Sanitation Rules And Regulations," on file with the Secretary of State U.S. Food and Drug Administration Code mandated by the Illinois Department of Public Health which sets standards for the prevention of food borne illnesses in public eating establishments. 2. The 1996 and all subsequent editions or amendments to the Illinois "Retail Food Store Sanitation Rules And Regulations" on file with the Secretary of State which sets standards for the prevention of food borne illnesses in retail food stores. (B) All references in the "Food Service Sanitation Rules and Regulations" U.S. Food and Drug Administration Code and in this Chapter to any "regulatory authority" shall be read as "Public Health Director and/or his or her designee." Any reference to "Municipality" or "City" shall mean the City of Evanston. 8-6-2. - DEFINITIONS. As amendments to the state rules and regulations the following definitions are in addition to those definitions enumerated in Section 750.10 1-201.10 of the Illinois 925 of 945 152-O-18 ~2~ Department of Public Health Food Service Sanitation Code. of the U.S. Food and Drug Administration Code. ADULTERATED. The condition of any food: (A) If it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health. (B) If it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulation or is in excess of such tolerance if one has been established. (C) If it consists in whole or in part of any filthy, putrid, or decomposed substance or if it is otherwise unfit for human consumption. (D) If it has been processed, prepared, packed or held under unsanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to health. (E) If it is in whole or in part the product of a diseased animal or animal which has died otherwise than by slaughter. (F) If its containers are composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health. As defined in the Federal Food, Drug and Cosmetics Act §42. CFR. Code of Federal Regulations. Citations in this Code to the CFR refer sequentially to the Title, Part, and Section numbers, such as 40 CFR 180.194 refers to Title 40, Part 180, Section 194. CRITICAL ITEM. A provision of this Chapter, that, if in noncompliance, is more likely than other violations to contribute to food contamination, illness, or environmental health hazard. FOOD ESTABLISHMENT. An operation that stores, prepares, packages, serves, vends or otherwise provides food for human consumption such as a 926 of 945 152-O-18 ~3~ restaurant; satellite or catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; vending location; conveyance used to transport people; institution; or food bank; and that relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers. (A) A food establishment includes: 1. An element of the operation such as a transportation vehicle or a central preparation facility that supplies a satellite feeding location; and 2. An operation that is conducted in a mobile, stationary, temporary, or permanent facility or location; where consumption is on or off the premises; and regardless of whether there is a charge for the food. (B) A food establishment does not include: 1. An establishment that offers only prepackaged foods that are not potentially hazardous; time/temperature control for safety foods. 2. A produce stand that offers only whole, uncut fresh fruits and vegetables; 3. A food processing plant; 4. A kitchen in a private home if only food that is not potentially hazardous is prepared for sale or service at a function such as a religious or charitable organization's bake sale if the consumer is informed by a clearly visible placard at the sale or service location that the food is prepared in a kitchen that is not subject to regulation and inspection by the public health director; 5. An area where food that is prepared in Subsection (B)4 of 927 of 945 152-O-18 ~4~ this definition is sold or offered for human consumption; 6. A kitchen in a private home, such as a small family daycare provider; or a bed and breakfast operation that prepares and offers food to guests if the home is owner occupied, the number of available guest bedrooms does not exceed six (6), breakfast is the only meal offered, the number of guests served does not exceed eighteen (18), and the consumer is informed by statements contained in published advertisements, mailed brochures, and placards posted at the registration area stating the food is prepared in a kitchen that is not regulated and inspected by the public health inspector; or 7. A private residential structure not open the public that receives catered or home delivered food or is leased to more than one (1) person and contains a communal kitchen used by the lessees and guests of the lessees. (C) Category I Facility: A food establishment that presents a high relative risk of causing food borne outbreaks and/or the type of population served by the facility. Category I facilities include those where the following operations occur: 1. Cooling of potentially hazardous time/temperature control for safety foods as part of the food handling operation at the facility; 2. Potentially hazardous Time/temperature control for safety foods that are prepared hot or cold and held hot or cold for more than twelve (12) hours before serving; 3. Potentially hazardous Time/temperature control for safety foods cooked and cooled food that must be reheated; 4. Potentially hazardous Time/temperature control for safety foods that are prepared for off premises service for which time- temperature requirements during transportation, holding and service are relevant; 5. Complex preparation of food or extensive handling of raw ingredients with hand contact for ready to eat foods that occurs as 928 of 945 152-O-18 ~5~ part of the food handling operations at the facility; 6. Vacuum packaging and/or other forms of reduced oxygen packaging are performed at the retail level; or 7. Where immunocompromised individuals (the elderly, children under age four (4), or pregnant women) comprise the majority of the consuming population. (D) Category II Facility: A food establishment that presents a medium relative risk of causing food borne illness based upon a few food handling operations typically implicated in food borne illness outbreaks. Category II facilities include those where the following operations occur: 1. Hot or cold foods are held at required temperatures for no more than twelve (12) hours and are restricted to same day service; 2. Food prepared from raw ingredients that requires only minimal assembly; or 3. Food that requires complex preparation (fresh, canned or frozen) is obtained from approved food processing plants, category I food establishments or retail food stores. (E) Category III Facility: A food establishment that presents a low relative risk of causing food borne illness based upon few or no food handling operations typically implicated in food borne illness outbreaks. Category III facilities include those where the following operations occur: 1. Only prepackaged foods are available or served in the facility and any potentially hazardous time/temperature control for safety foods are commercially prepackaged in an approved processing plant; 2. Only limited preparation of non-potentially hazardous foods and beverages (snack foods and carbonated beverages) occurs 929 of 945 152-O-18 ~6~ at the facility; or 3. Only beverages (alcoholic or nonalcoholic) are served at the facility. PERSON. An individual, or a firm, partnership, company, corporation, trustee, association, or public or private entity. Priority Item (1) “Priority item” A provision in this Code whose application contributes directly to the elimination, prevention or reduction to an acceptable level, hazards associated with foodborne illness or injury and there is no other provision that more directly controls the hazard. (2) "Priority item" includes items with a quantifiable measure to show control of hazards such as cooking, reheating, cooling, handwashing; and (3) "Priority item" is an item that is denoted in this Code with a superscript P-P. Priority Foundation Item: (1) "Priority foundation item" means a provision in this Code whose application supports, facilitates or enables one or more PRIORITY ITEMS. (2) "Priority foundation item" includes an item that requires the purposeful incorporation of specific actions, equipment or procedures by industry management to attain control of risk factors that contribute to foodborne illness or injury such as personnel training, infrastructure or necessary equipment, HACCP plans, documentation or record keeping, and labeling; and (3) "Priority foundation item" is an item that is denoted in this Code with a superscript Pf -Pf. SEASONAL FOOD ESTABLISHMENT. A food establishment which operates for no more than six (6) months out of the calendar year. The menu of a seasonal food establishment will be limited based on the City of Evanston's Department of Health review of the establishment and its operations. All seasonal food establishments must be operated in compliance with the Evanston retail food service code, and will be 930 of 945 152-O-18 ~7~ charged according to the fee schedule set out in Section 8-6-7, "License And Other Fees," of this Chapter. SQUARE FOOTAGE. The gross area of the entire food establishment premises, including the food service, storage and preparation areas. TEMPORARY FOOD ESTABLISHMENT. A food establishment that operates at a fixed location for a period of time of not more than fourteen (14) consecutive days in conjunction with a single event or celebration. Time/Temperature Control for Safety Food (formerly “potentially hazardous food” (PHF)): Time/temperature control for safety food" means a FOOD that requires time/temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation. 8-6-3. - LICENSE REQUIRED; APPLICATION. (A) It shall be unlawful for any person to operate within the City a "food establishment," as defined in this Chapter, without first having obtained a license for that purpose. (B) Any person desiring to operate a food establishment shall make written application for such license to the Public Health Director. The application for such license shall be on forms provided by the Public Health Director and shall include: 1. The name, signature and address of each applicant; each corporate officer; and the name, location and type of proposed food establishment. 2. The proposed scope of operations and a description of the premises where such food operation is to be conducted. (C) The licensee shall notify the health department in writing of any changes in the license application information within thirty (30) days of such change. (D) A valid license to operate a food establishment shall be posted at all times so as to be clearly visible to all patrons. 931 of 945 152-O-18 ~8~ (E) It shall be unlawful to transfer any such license from one person to another. 8-6-4. - ISSUANCE OF LICENSE. (A) Prior to issuance of a license, the Public Health Director shall cause to be made an inspection of the premises described in such application to determine whether said premises is in compliance with the requirements of this Chapter. (B) Prior to issuance of a license, the Director of Community and Economic Development shall cause an inspection to be made to ascertain that the premises may be used for the purpose in conformity with the zoning regulations and other ordinances of the City applicable thereto. (C) Prior to issuance of a license, the Fire Chief shall cause an inspection to be made to ascertain that the premises conforms with the requirements of the municipal codes and ordinances for fire and life safety. (D) The Public Health Director may issue a license to operate a food establishment if the proposed food establishment complies with the requirements of this Chapter and all other applicable ordinances. (E) The Public Health Director may deny a license to operate a food establishment if the proposed food establishment fails to comply with the requirements of this Chapter and all other applicable ordinances. 1. The Public Health Director may deny a license based on: a. Consistent documented poor performance on routine sanitation inspections; b. Persistent sanitation complaints and/or illness outbreaks linked to the establishment; or c. Violations of other applicable codes that negatively affect the health and welfare of Evanston residents. 8-6-5. - TRANSFER OF OWNERSHIP. Whenever ownership of a food establishment is to be transferred from the licensee named in the license to a new owner who is applying for a license: (A) The transferee must obtain a new license. The transferee shall notify the Evanston health department in writing of the transfer and apply for a new license at least thirty (30) days prior to final transfer. (B) The transferor shall notify the department in writing at least thirty (30) days prior to final transfer. The transferor shall remain responsible for the operation of the food establishment until such time as a license is issued to the transferee. 932 of 945 152-O-18 ~9~ (C) The transferor and transferee shall remain jointly and severally liable for all penalties, except monetary fines, assessed against the food establishment which are imposed for violations occurring prior to transfer of ownership. The transferor shall remain liable for all monetary penalties imposed on the food establishment prior to transfer of ownership. 8-6-6. - TERM OF LICENSES; RENEWAL. All licenses provided in this Chapter shall expire on December 31 following the date of issuance. Failure to comply with all the provisions of this Chapter shall constitute grounds for nonrenewal. 8-6-7. - LICENSE AND OTHER FEES. (A) License Fees. 1. Category I food establishment: a. Less than 5,000 square footage $538.00 per year b. 5,000 square footage or more 1,194.00 per year 2. Category II food establishment 418.00 per year 3. Category III food establishment 239.00 per year 4. Homeless shelters 58.00 per year 933 of 945 152-O-18 ~10~ 5. Soup kitchens 58.00 per year 6. Women's shelter 58.00 per year 7. Daycare centers: a. Category I food establishments 144.00 per year b. Category II food establishments 104.00 per year c. Category III food establishments 58.00 per year 8. Temporary food establishments (other than those licensed in Subsections (A)1 through (A)3 of this Section) 100.00 per event 9. Beverage dispensing vending machines 57.00 per machine 10. Concession/snack dispensing vending machines 57.00 per machine 11. Food dispensing vending machines 57.00 per machine 934 of 945 152-O-18 ~11~ 12. Seasonal food establishments 225.00 per season (B) Other Fees. Plan review per Section 8-6-18 of this Chapter, three hundred fifty seven dollars ($357.00). (C) Proration Of Fees. The fee to be paid for any license which shall expire less than six (6) months from the date such license was required to be issued shall be one- half (½) the annual fee provided by this Section. (D) Late Payment Penalty. Failure to pay the annual renewal fee on any business license within six (6) weeks of license expiration shall result in an additional late charge of thirty percent (30%). (E) Re-inspection Fees. A one hundred dollars ($100.00) re-inspection fee shall be assessed to the licensee of any establishment for each re-inspection conducted by the City Manager Public Health Director or his/her designee to address a violation(s) not corrected on the first re-inspection. (F) Increases. All fees will be increased annually based on the Cook County consumer price index. The fee schedule for each year will be available from the City Manager Public Health Director or his/her designee on or before December 1 of the year prior to it becoming effective. (G) Exempt From License Fees. 1. Licensed long term care facilities; 2. Licensed child residential care homes; 3. Licensed child daycare homes. 8-6-8. - SUSPENSION OF LICENSE. (A) The City Manager Public Health Director or his/her designee may, upon written notice, without prior warning, notice, or hearing, suspend any license to operate a food establishment if the holder of the license does not comply with the requirements of this Chapter, or if operation of the establishment otherwise constitutes a substantial hazard to the public health. When a license is suspended, food service operations shall immediately cease. (B) Whenever a license to operate a food establishment is suspended, the holder of the license to operate the food establishment, or the person in charge, shall be 935 of 945 152-O-18 ~12~ notified in writing that the license to operate the food establishment is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the City Manager or his/her designee by the holder of the license within ten (10) days. If a written request is filed within ten (10) days, an opportunity for a hearing with the – Public Health Director or his/her designee shall be afforded within twenty (20) days of receipt of the request. If no written request for a hearing is filed within ten (10) days, the suspension is sustained. -Public Health Director or his/her designee shall end the suspension if the reasons for the suspension no longer exist. 8-6-9. - REVOCATION OF LICENSE. (A) The -Public Health Director or his/her designee may, after providing opportunity for a hearing, revoke a license for: 1. Serious violations of this Chapter or State of Illinois or federal law; or 2. Repeated violations of this Chapter found in consecutive inspections; or 3. Interference with the City Manager or his/her designee in the performance of his/her duty to enforce or administer this Chapter. (B) Before revocation, -Public Health Director or his/her designee shall notify the holder of the license to operate the food establishment, or the person in charge, in writing, of the reasons for which such license is subject to revocation. The license to operate the food establishment shall be revoked at the end of the five (5) days following service of such notice unless a written request for a hearing is filed with the -Public Health Director or his/her designee by the holder of the license within such five (5) day period. If no request for hearing is filed within the five (5) day period, the revocation of the license to operate the food establishment becomes final. 8-6-10. - SERVICE OF NOTICE. A notice provided for in this Chapter is properly served when it is delivered to the holder of the license to operate the food establishment, or when it is delivered to the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of such license to operate a food establishment. A copy of the notice shall be filed in the records of the -Public Health Manager or his/her designee. 8-6-11. - HEARINGS. As provided in Sections 8-6-8 and 8-6-9 of this Chapter, a hearing shall be conducted by the City Manager or his/her designee affording the licensee an opportunity to appear 936 of 945 152-O-18 ~13~ and defend against the charges. The -Public Health Director or his/her designee shall make a final decision in writing, including the reasons for such decision, and shall serve said decision on the licensee within ten (10) days after conclusion of the hearing. At all times, it shall be the licensee's burden to show cause why any license should not be revoked. 8-6-12. - APPLICATION FOR LICENSE AFTER REVOCATION. Whenever a revocation of a license to operate a food establishment has become final, the holder of such revoked license may make written application for a new license to operate a food establishment as provided in this Chapter. 8-6-13. - INSPECTION FREQUENCY. The inspection frequency of a food establishment shall be determined by the category of the food establishment. 8-6-14. - ACCESS. (A) The -Public Health Director or his/her designee, after proper identification, shall be permitted to enter any food establishment at any reasonable time for the purpose of making inspections to determine compliance with this Chapter. (B) The -Public Health Director or his/her designee shall be permitted to examine records of the establishment, wherever maintained, to obtain information pertaining to food and supplies purchased, received, or used. Denial of access as herein provided shall be deemed an interference with the City Manager or his/her designee in the performance of his/her duties, provided that the - Public Health Director or his/her designee has presented proper identification, if requested. 8-6-15. - REPORT OF INSPECTIONS. Whenever an inspection is made of a food establishment, the findings shall be recorded in writing on an inspection report form provided for that purpose. The inspection report shall state the specific violations found and establish a reasonable time period within which such violations shall be corrected. 8-6-16. - CORRECTION OF VIOLATIONS. (A) Correction of the reported violations shall be accomplished within the period specified on the inspection report form in accordance with the following provisions: 1. If the - Public Health Director or his/her designee determines that an imminent health hazard exists including, but not limited to, those as may 937 of 945 152-O-18 ~14~ be created by an extended loss of water supply, significant lack of refrigeration, significant vermin infestation, an extended power outage, or a sewage backup into the establishment, the establishment shall immediately cease affected food establishment operations. Such operations shall not be resumed until authorized by the City Manager or his/her designee. 2. When critical items priority items and priority foundation items, as defined in this Chapter, are identified, corrective action shall be taken immediately. All violations of critical items priority and priority foundation items shall be corrected as soon as possible, but in any event, not to exceed ten (10) days following inspection. 3. Within fifteen (15) days after the inspection, the licensee shall submit a written report to the -Public Health Director or his/her designee stating the action taken to correct the critical items priority and priority foundation items and verifying that said violations have been corrected. Purchase orders of work contracts with a work completion date satisfactory to the - Public Health Director or his/her designee may be accepted as interim corrective action. A follow-up inspection shall be conducted to confirm correction. 4. All one or two (2) point weighted items shall be corrected as required on the inspection report. 5. 4. In the case of temporary food establishments, all violations shall be corrected immediately. If these violations are not corrected, the establishment shall immediately cease food operations until authorized to resume by the - Public Health Director or his/her designee. (B) Failure to comply with Subsections (A)1 through (A)5 (A)4 of this Section shall result in suspension of the license to operate the food establishment. (C) Whenever a food establishment is required under any of the provisions of this Chapter to suspend operations, it shall not resume operations until the establishment passes a reinspection. Opportunity for reinspection shall be offered within a reasonable time. 8-6-17. - EXAMINATION AND CONDEMNATION OF FOOD. Food may be examined or sampled by the -Public Health Director or his/her designee as often as necessary for enforcement of this Chapter. The -Public Health Director or his/her designee may, upon written notice to the owner or person in charge, specifying with particularity the reasons therefor, place a hold order on any food which he/she believes is improperly labeled or adulterated or is in violation of any other Section of this Chapter. The -Public Health Director or his/her designee shall tag, label, or otherwise 938 of 945 152-O-18 ~15~ identify any food subject to the hold order. No food subject to a hold order shall be used, served, or moved from the establishment. The -Public Health Director or his/her designee shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished. The hold order shall state that a request for hearing may be filed per Section 8-6-11 of this Chapter. On the basis of the evidence produced at that hearing, the hold order may be vacated, or the owner or person in charge of the food may be directed by written order to denature or destroy such food or to bring it into compliance with the provisions of this Chapter. 8-6-18. - SUBMISSION OF PLANS. Before construction or major remodeling of a food establishment, and whenever an existing structure is converted to use as a food establishment, properly prepared plans and specifications for such construction, major remodeling, or conversion shall be submitted to the -Public Health Director or his/her designee for review and approval. The plans and specifications shall be drawn to scale and indicate the proposed layout, arrangement, mechanical plans, construction materials of work areas, the type and model of proposed fixed equipment and facilities. The -Public Health Director or his/her designee shall approve the plans and specifications if they meet the requirements of this Chapter. No food establishment shall be constructed, extensively remodeled, or converted except in accordance with plans and specifications approved by the -Public Health Director or his/her designee. A fee shall be charged for food establishment plan examination as provided in Section 8-6-7 of this Chapter. 8-6-19. - PREOPERATIONAL INSPECTION. Whenever plans and specifications are required by this Chapter, the -Public Health Director or his/her designee shall inspect the food establishment prior to the start of operations to determine compliance with the approved plans and specifications and with the requirements of this Chapter. 8-6-20. - PROCEDURE WHEN INFECTION IS SUSPECTED. When the -Public Health Director or his/her designee has reasonable cause to suspect possible disease transmission from any food establishment employee, he/she may secure a morbidity history of the suspected employee, or make any other necessary investigation and shall take appropriate action. The -Public Health Director or his/her designee may require any or all of the following measures: (A) The immediate exclusion of the employee from employment in food establishments; 939 of 945 152-O-18 ~16~ (B) The immediate closing of the food establishment concerned until, in the opinion of the -Public Health Manager or his/her designee, no further danger of disease outbreak exists; (C) Restriction of the employee's services to some area of the establishment where there could be no danger of transmitting disease; (D) Adequate medical and laboratory examination of the employee, of other employees, and of the body discharges of all employees. 8-6-21. - ADDITIONAL REGULATIONS. (A) Refuse, Litter, And Debris. 1. Disposal Of Refuse, Litter And Debris. Each food establishment shall at least once in each twenty four (24) hour period, dispose of all paper, cups, plates, napkins, garbage and all other waste material accumulated upon the premises. Disposal shall be to a lawful location. It shall also be the duty of the owner, manager, or person in charge of said establishment to, at all times, keep the premises indoors, the premises outdoors, and within a two hundred fifty foot (250') radius of all property lines on which said establishment is located, free from rubbish, litter, and other waste materials and debris including food, beverages, napkins, straws, containers, bags, utensils, cups, plates, cans and other waste materials emanating from the establishment, its patrons, or from the outside waste receptacles used by such food establishment, or from any other source. Where the above two hundred fifty foot (250') radius encompasses private property, permission to encroach on said private property shall be obtained from the property owner. 2. Waste Receptacles And Required Signage For Type 2 Restaurants, As Defined In This Code. A waste receptacle shall be placed at each pedestrian exit from the restaurant building and each vehicular exit from the restaurant parking area. Conspicuous signage complying with the sign ordinance shall be posted within the building and at each waste receptacle location required above describing the requirements and penalties of the City ordinance applicable to litter. 3. Type 2 Restaurant Collection Plan Posted. Each Type 2 restaurant shall have its litter collection plan posted in conspicuous signage in its employee and public areas. (B) Operating Subject To Other Ordinances. Every owner, manager, or person in charge of a food establishment shall be subject, in the operation of said establishment, to any and all other applicable ordinances including, but not 940 of 945 152-O-18 ~17~ limited to, zoning ordinance requirements and other requirements that may be imposed by the City Council as a condition of special use approval. (C) Unnecessary Noise. No patron of a food establishment or any other person, shall make or cause to be made any loud or unnecessary noise or disturbance upon said premises in violation of Section 9-5-20 of this Code. The licensee of the restaurant shall be deemed responsible where repeated violations of Section 9-5- 20 of this Code occur on the premises or frequent complaints are made of such violations, and the licensee has failed to make reasonable efforts to control the noises and disturbances. 8-6-22. - PENALTIES AND REMEDIES. (A) Any person who violates or fails to perform any duty imposed by this Chapter shall be guilty of an offense punishable by a fine of not less than five hundred dollars ($500.00). A separate offense shall be deemed committed for each day that a violation continues. (B) The -City Manager or his/her designee may seek to enjoin violations of this Chapter. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: Ordinance 152-O-18 shall be in full force and effect on January 1, 2019, after its passage, approval, and publication in the manner provided by law. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 941 of 945 152-O-18 ~18~ Introduced: _________________, 2018 Adopted: ___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 942 of 945 For City Council meeting of December 10, 2018 Item O4 Ordinance 140-O-18, Amending Board of Animal Control For Action To: Honorable Mayor and Members of the City Council From: Kimberly Richardson, Deputy City Manager Subject: Ordinance 140-O-18, Amending City Code Section 2-13-1, “Board Establishment and Composition” of the Animal Welfare Board Date: November 8, 2018 Recommended Action: Rules Committee and staff requests City Council adoption of Ordinance 140-O-18 amending Section 2-13-1 “Board Establishment and Composition” of the Animal Welfare Board, reducing the number of members from seven (7) to six (6), and the number of City Council members from two (2) to one (1). Ordinance 140-O-18 was Introduced at the November 12, 2018 City Council meeting. Livability Benefits: Innovation and Process: Support local government best practices and processes Summary: Alderman Melissa Wynne stepped down from serving on the Board of Animal Control this fall. On October 1, 2018, the Rules Committee discussed the opening, and decided to remove the second Council position for this Board, reducing the amount of City Council members serving from 2 to 1 and reducing the amount of persons serving on the Board from 7 to 6. Attachments: Ordinance 140-O-18 Memorandum 943 of 945 11/5/2018 140-O-18 AN ORDINANCE Amending City Code Section 2-13-1, Board Establishment and Composition” of the Animal Welfare Board SECTION 1: Subsection 2-13-1, “Board Establishment and Composition,” of the Evanston City Code of 2012, as amended (the “City Code”), is hereby further amended to read as follows: 2-13-1. - BOARD ESTABLISHMENT AND COMPOSITION. The Mayor, with the approval of the City Council, shall appoint six (6)seven (7) persons who shall constitute and be known as the Animal Welfare Board. The Board members shall include one (1)two (2) City Council members; one (1) member of the Volunteer Animal Organization ("VAO"); and four (4) members at large that are residents of the City of Evanston. The Chief Animal Warden shall serve as a staff liaison to the Board. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 944 of 945 140-O-18 ~2~ Introduced:_________________, 2018 Adopted:___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: _______________________________ Michelle L. Masoncup, Corporation Counsel 945 of 945