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05.14.18
CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, May 14, 2018 Administration & Public Works (A&PW) Committee meets at 6 p.m. Planning & Development Committee (P&D) meets at 7:15 p.m. City Council meeting will convene at conclusion of the P&D Committee meeting. ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Wilson (II) Mayor Public Announcements and Proclamations Mental Health Month, May 2018 National Police Week, May 13-19, 2018 (III) City Manager Public Announcements (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. Speakers may not give their time to other speakers. 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 629 City Council Agenda May 14, 2018 Page 2 of 9 (VI) Special Orders of Business SPECIAL ORDERS OF BUSINESS (SP1) Ordinance 15-O-18, Creating Title 9, Chapter 18 of the Evanston City Code, “Juvenile Law Enforcement Records” The Alternatives to Arrest Committee recommends City Council adoption of Ordinance 15-O-18, Creating Title 9, Chapter 18 of the Evanston City Code, “Juvenile Law Enforcement Records.” For Introduction (SP2) Ordinance 65-O-18, Amending Portions of Title 11, Chapter 1 of the Evanston City Code for the Expungement of Juvenile Administrative Hearing Records The Alternatives to Arrest Committee recommends City Council adoption of Ordinance 65-O-18, Amending Portions of Title 11, Chapter 1 of the Evanston City Code for the Expungement of Juvenile Administrative Hearing Records. For Introduction (VII) Consent Agenda and Report of Standing Committees: Administration & Public Works - Alderman Fleming Planning & Development - Alderman Fiske Human Services - Alderman Revelle Economic Development - Alderman Wilson Rules Committee - Alderman Wynne CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meetings of April 23, 2018 and April 30, 2018. For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) Payroll – April 2, 2018 through April 15, 2018 $ 2,771,899.38 Payroll – April 16, 2018 through April 29, 2018 $ 3,193,928.62 For Action (A2) Bills List – May 15, 2018 $ 4,156,673.45 Bank of America February 2018 Credit Card Activity (items held at April 23 City Council meeting) $ 1,716.90 For Action 2 of 629 City Council Agenda May 14, 2018 Page 3 of 9 (A3.1) Purchase of Three Vehicles for the Public Works Agency Staff recommends City Council approval for the purchase of three (3) vehicles for operations in the Public Works Agency (Water Production Bureau and Public Services Bureau). The following vehicles will be purchased: Ford F-350 XP from Currie Motors Inc. (9423 W. Lincoln Highway, Frankfort, IL 60423) in the amount of $36,995.00; a Crane Carrier Model LET2-44 from National Fleet Auto Group (490 Auto Center Drive, Watsonville, CA 95076) in the amount of $267,825.00; and a Kenworth T440 Cab/Chassis from Standard Equipment Company (2033 W. Walnut Street, Chicago, IL 60612) in the amount of $369,116.58. Funding will be as follows: $36,995 from the Water Fund (Account 510.40.4230.65550), with a budget of $62,200; $369,116.58 from the Sewer Fund (Account 515.40.4530.65550), with a budget of $460,300; and $267,825 from four Accounts within the Solid Waste Fund. For Action (A3.2) Revised Purchase of One Vehicle for the Public Works Agency Staff recommends City Council approval for the purchase of one (1) vehicle, a 2019 Peterbilt Model 348, for operations in the Public Works Agency - Public Services Bureau. The vehicle will be purchased from JX Peterbilt (42400 Hwy 41, Wadsworth, IL 60083) in the amount of $206,258.00 through the National Joint Powers Alliance contract. Funding for the vehicle will be from the Equipment Replacement Fund (Account 601.19.7780.65550), which has a budget of $1,522,977. This recommended vehicle purchase was originally approved for an incorrect amount at the Administration and Public Works Meeting on April 9, 2018. For Action (A3.3) Contract Renewal with Krave Concession LLC for 2018 Lakefront Concession Staff recommends that City Council authorize the City Manager to execute a one year contract renewal between the City of Evanston and Krave Concession LLC for the Church and Clark Street food & drink stands and the lakefront mobile concessions (Lighthouse, Clark St., Greenwood St., South Blvd. and Lee St.) for the 2018 season. Krave Concession LLC is now owned by Brian Fogle, 5313 West 123rd Place, Alsip, Illinois 60803. Krave Concession LLC will pay the City $10,000 for the privilege of the 2018 permit. For Action 3 of 629 City Council Agenda May 14, 2018 Page 4 of 9 (A3.4) Contract with First Student for Parks, Recreation & Community Services Department 2018 Summer Bus Transportation Staff recommends City Council authorize the City Manager to execute a contract with First Student (1717 Park Street, Naperville, IL 60563) in the amount not to exceed $30,175. First Student was the lowest responsive bidder for the Parks, Recreation and Community Services Department 2018 summer bus transportation. They submitted a base bid of $26,175 and a $50.00 per hour cost for any additional trips that may be necessary. Staff recommends adding a $4,000 contingency amount to the base bid for additional trips or when either a city owned bus is out of service or a driver is not available to work. Funding will be from various Accounts depending on the type of program/facility location, which are detailed on the corresponding transmittal memorandum. For Action (A3.5) First Quarter Financial Report for Fiscal Year 2018 Staff recommends City Council accept and place the First Quarter Financial Report for FY 2018 on file. For Action: Accept and Place on File (A3.6) Disposition of Waste Transfer Tipping Fees / Station Project Funding Staff recommends City Council: 1) receive update on waste transfer tipping fees; 2) authorize the City Manager to pursue cost proposals for an environmental monitoring study at the waste transfer station operated by Advanced Disposal at 1711 Church Street and to purchase the environmental monitoring equipment needed for the study. The study is estimated to cost $25,000 and the equipment costs are estimated to be $167,500, for a total estimated cost of $192,500. Staff recommends that $200,000 of 2018 GO Bond funds be provided for this work. For Action (A4) Resolution 33-R-18, Appointing Hitesh Desai as the City of Evanston’s Delegate for the Intergovernmental Personnel Benefit Cooperative Staff recommends City Council adopt Resolution 33-R-18, appointing Hitesh Desai as Delegate for the Intergovernmental Personnel Benefits Cooperative. For Action (A5) Resolution 28-R-18, Letter of Understanding with Evanston Foreign Fire Insurance Board to Fund the Purchase of Firefighter Gear Staff recommends that the City Council adopt Resolution 28-R-18 authorizing a letter of understanding with the Evanston Foreign Fire Tax Board for a joint purchase of ninety-three (93) sets of firefighter personal protective equipment. The vendor will be Air One Equipment, Inc., (360 Production Drive, South Elgin, IL 60177) and the total cost, spread over a 5-year period, will be $221,805. Funding will be from the General Fund (Account 100.23.2315.65625) in an amount not to exceed $17,892 per year, for a total of $89,438. Additional funding of $132,367/60% of the cost is from the Evanston Firefighters Foreign Tax Board. For Action 4 of 629 City Council Agenda May 14, 2018 Page 5 of 9 (A6) Resolution 31-R-18, Request Volume Cap Allocation for Private Activity Bonds from the State of Illinois Governor’s Office Staff recommends City Council approval of Resolution 31-R-18 authorizing the City of Evanston to request volume cap allocation for Private Activity Bonds (PAB) from the State of Illinois Governor’s Office in the amount of $7,821,030 for 2018. This authorizes the City to request its allocation of PAB volume cap only; City Council would have to approve any project proposed for PABs separately following receipt of its volume cap reservation from the State of Illinois. The City has three years to allocate its PAB to a project or projects and any unallocated volume cap reverts to the State of Illinois for reallocation. For Action (A7) Resolution 27-R-18, Terminate Lease for City-Owned Real Property Located at 2222 Oakton Street with Smylie Brothers Staff recommends City Council adopt Resolution 27-R-18, “Authorizing the City Manager to Execute a Mutual Termination of Lease Agreement for City-Owned Real Property Located at 2222 Oakton Street with Smylie Brothers Draft and Package LLC”. Staff also requests direction on next steps for the property. For Action (A8) Resolution 19-R-18, Extension of a License to Comcast, Allowing Maintenance of a Building and Fence in the Public Right-of-Way of Mulford Street and Park Land in James Park Staff recommends City Council adoption of Resolution 19-R-18, authorizing the City Manager to execute a four (4) year extension, until May 31, 2022, of the license to Comcast for facilities in James Park. Total revenue for the license extension agreement will be $95,616. For Action (A9) Ordinance 62-O-18, Amending Hours of Alcohol Service Local Liquor Commissioner recommends City Council adoption of Ordinance 62- O-18, amending Evanston City Code Subsection 3-4-9 to allow for extended hours of alcohol service. The Ordinance permits the Local Liquor Commissioner discretion to extend hours of lawful service per written order. For Introduction (A10) Ordinance 25-O-18, Amending the City Code for the Public Works Agency Staff recommends City Council adopt Ordinance 25-O-18 amending Title 7, Chapter 1 of the Evanston City Code, “Public Works Agency”. The Ordinance also codifies the Block Party permit processes. For Action 5 of 629 City Council Agenda May 14, 2018 Page 6 of 9 (A11) Ordinance 51-O-18, Increasing the Number of Class F Liquor Licenses for Target Store T0927 located at 2209 Howard St. Local Liquor Commissioner recommends City Council adoption of Ordinance 51- O-18, amending Evanston City Code Subsection 3-4-6-(F) to increase the number of authorized Class F liquor licenses from ten (10) to eleven (11), and permit issuance of a Class F license to Target Corporation d/b/a Target Store T0927 located at 2209 Howard Street. For Action (A12) Ordinance 53-O-18, Increasing the Number of Class F-2 Liquor Licenses for Binny’s Beverage Depot located at 1111 Chicago Ave. Local Liquor Commissioner recommends City Council adoption of Ordinance 53- O-18, amending Evanston City Code Subsection 3-4-6-(F-2) to increase the number of Class F-2 Liquor Licenses from zero (0) to one (1) and permit issuance of a Class F-2 license to Gold Standard Enterprises, Inc., d/b/a Binny’s Beverage Depot located at 1111 Chicago Avenue. For Action (A13) Ordinance 54-O-18, Amending City Code Section 3-4-6(F) Eliminating the 500 Foot Restriction From Other Class F Liquor Licenses Local Liquor Commissioner recommends City Council adoption of Ordinance 54- O-18, eliminating the restriction prohibiting Class F liquor licensees to be within five hundred (500) feet from another Class F liquor license establishment. For Action (A14) Ordinance 55-O-18, Amending City Code Section 3-4-6(F) Eliminating the 500 Foot Restriction From Other Class F-1 Liquor Licenses Local Liquor Commissioner recommends City Council adoption of Ordinance 55- O-18, eliminating the restriction prohibiting Class F-1 liquor licensees to be within five hundred (500) feet from another Class F-1 liquor license establishment. For Action PLANNING & DEVELOPMENT COMMITTEE (P1) Resolution 22-R-18, Approving a Plat of Resubdivision for 1727 Oak Avenue The Plan Commission and staff recommend adoption of Resolution 22-R-18, approving a Plat of Resubdivision for 1727 Oak Avenue. The applicant requests a subdivision to separate the development parcel from the 1007 Church parcel. The subdivision meets all requirements of the D3 Downtown District including lot size and lot width, and has been reviewed by the Public Works Agency for compliance with applicable regulations. For Action 6 of 629 City Council Agenda May 14, 2018 Page 7 of 9 (P2) Ordinance 59-O-18, Granting a Special Use Permit for a Planned Development Located at 1727 Oak Avenue in the D3 Downtown Core Development District The Plan Commission and staff recommend adoption of Ordinance 59-O-18, granting a Special Use Permit for a Planned Development Located at 1727 Oak Avenue. The Planned Development is for a 17-story age-restricted multi-family rental development with 169 units and 136 parking spaces in the D3 Downtown Core Development District. Four site development allowances are requested for the number of dwelling units, building height, front yard setback and number of loading berths. For Introduction (P3) Ordinance 61-O-18, Map Amendment, Planned Development and Special Use for Open Sales Lot at 128-132 Chicago Avenue The Plan Commission and staff recommend adoption of Ordinance 61-O-18 for approval of a Map Amendment to rezone the northern portion of the property from the C1 Commercial District to the B3 Business District, a special use for an open sales yard in the B3 Business District and a Planned Development in the B3 Business District to construct a 5-story mixed-use building with approximately 4,999 square feet of indoor ground floor commercial space, approximately 7,000 square feet of outdoor garden/open sales lot, 26 dwelling units and 30 parking spaces. Three site development allowances are requested for the number of parking spaces, fence location, and parking setbacks. For Introduction (P4) Ordinance 29-O-18, Amending the City Code Title 2, Chapter 8 “Historic Preservation” The Preservation Commission and staff recommend City Council approval of Ordinance 29-O-18, Amending Title 2, Chapter 8 of the Evanston City Code, “Historic Preservation.” The focus of the text amendment is to update, when appropriate, the language and definitions and also streamline procedures to make it more user friendly for the staff, the Commission, and the public. The original intent and principles of the current Preservation Ordinance have been maintained. For Action (P5) Ordinance 47-O-18, Amending the Definition of “Coach House” in the the City Code Section 6-18-3 Staff recommends adoption of Ordinance 47-O-18, amending the Zoning Ordinance to modify the definition of a Coach House. A previous version of the proposed text amendment did not receive a recommendation from the Plan Commission. Ordinance 47-O-18 was held on April 9, 2018 until April 23, 2018 for Introduction. For Action 7 of 629 City Council Agenda May 14, 2018 Page 8 of 9 ECONOMIC DEVELOPMENT (O1) Small Business Workforce Development Funding Request from Evanston Rebuilding Warehouse Staff and Economic Development Committee recommend approval of financial assistance to Evanston Rebuilding Warehouse in an amount not to exceed $15,000 to help facilitate job training and placement opportunities for primarily low- and moderate-income trainees in environmentally sustainable deconstruction methods. Evanston Rebuilding Warehouse is seeking a modification to the program guidelines seeking to be funded at the completion of the training program instead of being reimbursed upon placing trainees in a job for 90 days. Funding will be from the Economic Development Division Workforce Development Fund (Account 100.21.5300.62663), which has a FY18 budget of $100,000 and a YTD balance of $25,000. For Action (O2) Storefront Modernization Program Application for Squeezebox Books Located at 743 Main Street Staff and Economic Development Committee recommend approval of financial assistance on a 50/50 cost-sharing basis through the Storefront Modernization Program to Squeezebox Books at 743 Main Street in an amount not to exceed $3,441.66 for new awnings. Funding will be from the Economic Development Business District Improvement Fund (Account 100.21.5300.65522), with a FY18 Budget total of $250,000 to fund both the Storefront Modernization and Great Merchant Grant programs. To date, $0 has been spent from this account, leaving $250,000 available for expenditure. For Action (O3) Storefront Modernization Program Application for Stepping Out on Faith Located at 1632 Orrington Avenue Staff and Economic Development Committee recommend approval of financial assistance on a 50/50 cost-sharing basis through the Storefront Modernization Program to Stepping Out on Faith at 1632 Orrington Avenue in an amount not to exceed $823.66 for an awning sign. Funding will be from the Economic Development Business District Improvement Fund (Account 100.21.5300.65522), with a FY18 Budget total of $250,000 to fund both the Storefront Modernization and Great Merchant Grant programs. To date, $0 has been spent from this account, leaving $250,000 available for expenditure. For Action 8 of 629 City Council Agenda May 14, 2018 Page 9 of 9 (O4) Approval of Four Entrepreneurship Support Program Applications Staff and Economic Development Committee recommend approval of financial assistance through the Entrepreneurship Support Program totaling $9,860 for the following four Evanston businesses: Hubris Wealth; Eye Boutique Kloset; C&W Market; and Best 1 Built. Funding will be from the Economic Development Business Retention/Expansion Fund (Account 100.21.5300.62662), with a FY18 Budget of $150,000. A total of $28,720 has been spent or encumbered from this account, leaving $121,280 available for expenditure. 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 MAY 2018 Upcoming Aldermanic Committee Meetings 5/15/2018 7:00 PM Housing & Community Development Act Committee 5/16/2018 6:30 PM M/W/EBE Development Committee 5/17/2018 5:30 PM Emergency Telephone System Board 5/21/2018 7:00 PM City Council 5/23/2018 6:00 PM Transportation and Parking Committee 5/23/2018 7:00 PM Economic Development Committee 5/24/2018 3:00 PM Priority-Based Budgeting Open House 5/24/2018 6:30 PM Equity & Empowerment Commission 5/25/2018 8:00 AM Alternatives to Arrest Committee 5/29/2018 6:00 PM Administration & Public Works, Planning & Development, City Council 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. 9 of 629 For City Council Meeting of May 14, 2018 Items SP1-SP2 Ordinances 15-O-18 and 65-O-18: Expungement of Juvenile Records For Introduction To: Honorable Mayor and Members of the City Council From: Members of the Alternatives to Arrest Committee Erika Storlie, Deputy City Manager Subject: Ordinance 15-O-18, Creating Title 9, Chapter 18 of the Evanston City Code, “Juvenile Law Enforcement Records,” and Ordinance 65-O-18, Amending Portions of Title 11, Chapter 1 of the Evanston City Code for the Expungement of Juvenile Administrative Hearing Records Date: May 14, 2018 Recommended Action: The Alternatives to Arrest Committee recommends City Council adoption of Ordinance 15-O-18, Creating Title 9, Chapter 18 of the Evanston City Code, “Juvenile Law Enforcement Records,” and Ordinance 65-O-18, Amending Portions of Title 11, Chapter 1 of the Evanston City Code for the Expungement of Juvenile Administrative Hearing Records. Summary: On April 17, 2017, Mayor Stephen Hagerty announced the formation of the Alternatives to Arrest Committee which consists of eight members appointed by the Mayor. Alderman Braithwaite was appointed Chair of the Committee. The Committee’s goal is to find alternatives to arrest for misdemeanors and reduce the number of young adults that have a difficult time finding a job later in life. After its first few meetings, the Committee created a subcommittee to review current record keeping policies and procedures. On August 24, 2017, Public Act 100-0285 was signed into law and took effect on January 1, 2018. The Act prohibits law enforcement agencies from disclosing records involving minors who commit ordinance violations and provides additional privacy protections to juveniles who were arrested or had interactions with law enforcement. Specifically, the Act requires law enforcement agencies to create procedures to review juvenile records on or before January 1st of each year to determine if records must be automatically expunged beginning January 1, 2018. The City complies with the Act and has administrative procedures in place to execute the Act requirements. Memorandum 10 of 629 Upon request of the Committee, Law Department staff drafted Ordinance 15-O-18, which codifies and incorporates Public Act 100-0285 requirements into the City of Evanston Municipal Code and Ordinance 65-O-18, which works in concert with Public Act 100-0285 by also clearing juvenile administrative hearing records stemming from administrative adjudication in addition to law enforcement records. Ordinance 15-O-18 and 65-O-18 are in line with the purpose of the Committee and will reduce the number of young adults having difficulty finding a job due to juvenile arrest records. In compliance with state law, the City will automatically expunge on or before January 1st of each year law enforcement records to events occurring before an individual’s 18th birthday if one year has lapsed since the date of arrest; no petition for delinquency or criminal charges were filed; and six months have lapsed without an additional arrest. Additionally, administrative adjudication records for events occurring before an individual’s 18th birthday will be expunged on or before January 1st of each year after a year has passed since the Administrative Hearing Division deemed the case closed. Legislative History: At the April 20, 2018 Alternatives to Arrest Committee meeting, the committee reviewed Ordinance 15-O-18 and Ordinance 65-O-18 and recommended approval by City Council. ------------------------------------------------------------------------------------- Attachments: Ordinance 15-O-18 Ordinance 65-O-18 11 of 629 1/19/2018 15-O-18 AN ORDINANCE Creating Title 9, Chapter 18 of the Evanston City Code for Juvenile Law Enforcement Records NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Legislative Statement. The Illinois General Assembly enacted Public Act 100-0285, which created numerous amendments to the Juvenile Court Act of 1987 (“Act”). The amendments to the Act provide that all juvenile records which have not been expunged are sealed and may never be disclosed to the general public or otherwise made widely available. The amendments to the Act provide that the Act’s confidentiality provisions apply to law enforcement and municipal ordinance violations, willful violation of the confidentiality provisions of the Act is a Class C misdemeanor, and each violation is subject to a fine of $1,000. The amendments to the Act also provide for various circumstances when juvenile records shall be expunged automatically without a petition brought by the individual seeking expungement. This Ordinance is intended to protect juveniles against any potential damage stemming from their juvenile arrest, law enforcement, and municipal ordinance violation records, and the unauthorized use or disclosure of confidential records and any potential stigma that would result from their disclosure. The City Council finds that the disclosure of such juvenile records can be a hindrance to an individual’s present and future ability to obtain employment, education, housing and credit. The City Council determines that it is in the best interest of the City of Evanston to amend the Evanston 12 of 629 15-O-18 ~2~ City Code to create an Ordinance that incorporates the amendments found in Public Act 100-0285 providing for the confidentiality and expungement of juvenile arrest, law enforcement, and municipal ordinance violation records. Article VII, Section (6)a of the Illinois Constitution of 1970, states that the “powers and functions of home rule units shall be construed liberally,” and was written “with the intention that home rule units be given the broadest powers possible .” Scadron v. City of Des Plaines , 153 Ill.2d 164 (1992). Pursuant to 65 ILCS 5/1-2-1, the City may make all rules and regulations to carry into effect the powers granted to the City, such is the broad and general grant of authority complementing the City’s home rule powers. At meetings held in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.), the City Council considered this Ordinance, heard public comment, and made findings. It is well-settled law in Illinois that the legislative judgment of the City Council must be considered presumptively valid and is not subject to courtroom fact-finding. See Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747 (2d Dist. 1991); National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124 (7th Cir. 1995). SECTION 2: Title 9, Chapter 18 of the Evanston City Code of 2012, as amended (“City Code”), is hereby created and shall read as follows: 13 of 629 15-O-18 ~3~ CHAPTER 18 – JUVENILE LAW ENFORCEMENT RECORDS 9-18-1: DEFINITIONS. The definitions herein are not intended to conflict with the definitions found in the Juvenile Court Act of 1987, 705 ILCS 405/1-3 and 705 ILCS 405/5-915. Terms used in this Title and Chapter, unless the context otherwise requires, have the following meanings: (A) “Adult” means a person 21 years of age or older; (B) “Court” means the circuit court in a session or division assigned to hear proceedings under the Juvenile Court Act of 1987, 705 ILCS 405/1-1 et seq.; (C) “Dissemination” or “disseminate” means to publish, produce, print, manufacture, distribute, sell, lease, exhibit, broadcast, display, transmit, or otherwise share information in any format so as to make the information accessible to others; (D) “Expunge” means to physically destroy the records and to obliterate the minor's name and juvenile court records from any official index, public record, or electronic database. No evidence of the juvenile court records may be retained by the Evanston Police Department or by any City of Evanston agency or department. Nothing in this Chapter shall require the physical destruction of the internal office records, files, or databases maintained by a ny prosecutor for the City of Evanston; (E) “Juvenile court record” includes, but is not limited to: (1) all documents filed in or maintained by the juvenile court pertaining to a specific incident, proceeding, or individual; (2) all documents relating to a specific incident, proceeding, or individual made available to or maintained by probation officers; (3) all documents, video or audio tapes, photographs, and exhibits admitted into evidence at juvenile court hearings; or (4) all documents, transcripts, records, reports or other evidence prepared by, maintained by, or released by any municipal, county, or state agency or department, in any format, if indicating involvement with the juvenile court relating to a specific incident, proceeding, or individual. (F) “Juvenile” or “minor” means a person under the age of 21 years subject to the Juvenile Court Act of 1987, 705 ILCS 405/1-1 et seq.; (G) “Juvenile police officer” means a sworn police officer who has completed a Basic Recruit Training Course, has been assigned to the position of juvenile police officer by his or her chief law enforcement officer and has completed the 14 of 629 15-O-18 ~4~ necessary juvenile officers training as prescribed by the Illinois Law Enforcement Training Standards Board, or in the case of a State police officer, juvenile officer training approved by the Director of the Department of State Police; (H) “Law enforcement record” includes, but is not limited to, records of arrest, station adjustments, fingerprints, probation adjustments, the issuance of a notice to appear, or any other records or documents maintained by any law enforcement agency, including the Evanston Police Department, relating to a minor suspected of committing an offense or evidence of interaction with law enforcement; (I) “Station adjustment” means the informal handling o f an alleged offender by a juvenile police officer; and (J) “Petition” means the petition provided for in Section s 2-13, 3-15, 4-12 or 5-520 of the Juvenile Court Act of 1987, including any supplemental petitions thereunder in Sections 3-15, 4-12 or 5-520 of the Juvenile Court Act of 1987. 9-18-2: EXPUNGEMENT OF JUVENILE LAW ENFORCEMENT RECORDS. (A) The City of Evanston and its police department shall automatically expunge, on or before January 1 of each year, all law enforcement records relating to event s occurring before an individual's 18th birthday if: (1) one (1) year or more has elapsed since the date of the arrest or law enforcement interaction documented in the records; (2) no petition for delinquency or criminal charges were filed with the clerk of the circuit court relating to the arrest or law enforcement interaction documented in the records; and (3) six (6) months have elapsed without an additional subsequent arrest or filing of a petition for delinquency or criminal charges whether related or not to the arrest or law enforcement interaction documented in the records. (B) If the City and its police department are unable to verify satisfaction of conditions (2) and (3) of this subsection (A), records that satisfy condition (1) of this subsection (A) shall be automatically expunged if the records relate to an offense that if committed by an adult would not be an offense classified as Class 2 felony or higher, an offense under Article 11 of the Illinois Criminal Code of 1961 or the Illinois Criminal Code of 2012 (720 ILCS 5/11-0.1 et seq.), or an offense under 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Illinois Criminal Code of 1961. (C) The Evanston Police Department shall send written notice to the minor of the expungement of any records within sixty (60) days of automatic expungement or the date of service of an expungement order from the court, whichever applies. 15 of 629 15-O-18 ~5~ (D) In the circumstance where the Court automatically orders the expungement of juvenile court and law enforcement records upon the conditions identified in Sections 5-915(0.2)(a) and (0.3)(a) of the Juvenile Court Act of 1987, 705 ILCS 405/5-915(0.2)(a) and (0.3)(a), if the Chief of the Evanston Police Department, or his or her designee, certifies in writing that certain information is needed for a pending investigation involving the commission of a felony, that information, and information identifying the juvenile, may be retained in an intelligence file until the investigation is terminated or for one (1) additional year, whichever is sooner. Retention of a portion of a juvenile's law enforcement record does not disqualify the remainder of his or her record from immediate automatic expungement. (E) If a minor is arrested and no petition for delinquency is filed with the clerk of the circuit court at the time the minor is released from custody, the juvenile police officer, if applicable, or other designated person from the Evanston Police Department, shall notify verbally and in writing to the minor or the minor's parents or guardians that the minor shall have an arrest record and shall provide the minor and the minor's parents or guardians with an expungement information packet, information regarding this State's expungement laws including a petition to expunge juvenile records obtained from the clerk of the circuit court. (F) Nothing in this section precludes an eligible minor from obtaining expungement under Section 5-915 of the Juvenile Court Act of 1987, 705 ILCS 405/5-915 et seq. (G) Nothing in this Section shall be construed to prohibit the maintenance of information relating to an offense after the records or files concerning the offense have been expunged if the information is kept in a manner that does not enable identification of the individual. This information may only be used for anonymous statistical and bona fide research purposes. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This ordinance must be in full force and effect after its passage, approval, and publication in a manner provided by law. SECTION 5: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity must not affect other provisions or applications of this ordinance that can be given 16 of 629 15-O-18 ~6~ 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, Interim Corporation Counsel 17 of 629 5/1/2018 65-O-18 AN ORDINANCE Amending Portions of Title 11, Chapter 1 of the Evanston City Code for the Expungement of Juvenile Administrative Hearing Records NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Legislative Statement. The Illinois General Assembly enacted Public Act 100-0285, which created numerous amendments to the Juvenile Court Act of 1987 (“Act”). The amendments to the Act provide that all juvenile records which have not been expunged are sealed and may never be disclosed to the general public or otherwise made widely available. The amendments to the Act provide that the Act’s confidentiality provisions apply to law enforcement and municipal ordinance violations, willful violation of the confidentiality provisions of the Act is a Class C misdemeanor, and each violation is subject to a fine of $1,000.00. The amendments to the Act also provide for various circumstances when juvenile records shall be expunged automatically without a petition brought by the individual seeking expungement. This Ordinance is intended to complement Public Act 100-0285 by providing a statutory mechanism allowing for the clearing of juvenile administrative hearing records in order to protect juveniles against any potential damage stemming from their law enforcement, and municipal ordinance violation records, and the unauthorized use or disclosure of confidential records and any potential stigma that would result from their disclosure. The City Council finds that the disclosure of such juvenile records from administrative hearings can also be a hindrance to an individual’s 18 of 629 65-O-18 ~2~ present and future ability to obtain employment, education, housing and credit. The City Council determines that it is in the best interest of the City of Evanston to amend the Evanston City Code to create an Ordinance that complements the amendments found in Public Act 100-0285 providing for the confidentiality and clearing of juvenile administrative hearing records. Article VII, Section (6)a of the Illinois Constitution of 1970, states that the “powers and functions of home rule units shall be construed liberally,” and was written “with the intention that home rule units be given the broadest powers possible .” Scadron v. City of Des Plaines, 153 Ill.2d 164 (1992). Pursuant to 65 ILCS 5/1-2-1, the City may make all rules and regulations to carry into effect the powers granted to the City, such is the broad and general grant of authority complementing the City’s home rule powers. At meetings held in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.), the City Council considered this Ordinance, heard public comment, and made findings. It is well-settled law in Illinois that the legislative judgment of the City Council must be considered presumptively valid and is not subject to courtroom fact- finding. See Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747 (2d Dist. 1991); National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124 (7th Cir. 1995). SECTION 2: Title 11, Chapter 1, Section 20 of the Evanston City Code of 2012, as amended, is hereby amended in its entirety and shall read as follows: 11-1-20. – EXPUNGEMENT OF JUVENILE ADMINISTRATIVE HEARING RECORDS. (A) Definitions. Unless otherwise expressly stated, whenever used in this Section the following words shall have the meanings given to them by this Section: ADMINISTRATIVE HEARING RECORD. Includes but is not limited to all documents, transcripts, records, reports, or evidence prepared 19 of 629 65-O-18 ~3~ or maintained by the City, in any format, pertaining to an alleged violation or a violation of the City Code adjudicated by the Administrative Hearing Division. CLOSED CASE. A case is considered “closed” from the date on which an Administrative Hearing Officer dismisses the case; finds the person not liable; or, upon a finding of liability, the date upon which all orders issued by the Administrative Hearing Officer are successfully completed. In all cases, all fines must be paid, if any. EXPUNGE. To destroy the administrative hearing records and to obliterate a person’s name from any official index, public record, or electronic database maintained by the City. (B) Expungements. The Administrative Hearing Division, the Law Department, and all other City Departments shall automatically expunge, on or before January 1 of each year, a person’s administrative hearing records relating to an incident occurring before their 18th birthday, whenever: (1) one year has elapsed from the date on which the administrative hearing case relating to that incident was closed. (2) a case was not closed and five years has elapsed since the case was adjudicated. (C) Whenever a person’s administrative hearing case has been closed for an incident occurring before their 18th birthday and one year has elapsed from the date on which the case was closed, the person may petition the City at any time for expungement of the administrative hearing record relating to the incident, and the City shall order the expungement of all records in its possession relating to said incident. (D) Whenever a person’s administrative hearing case has not been closed for an incident occurring before their 18th birthday and one year has elapsed from the date on which the case was adjudicated, the person may petition the City at any time for expungement of the administrative hearing record relating to the incident, and the City may order the expungement of all records in its possession relating to said incident. (E) Nothing in Sections (C) or (D) shall impact the operation of Section (B). (F) During an Administrative Hearing for an incident occurring before a person’s 18th birthday, the person shall be advised orally and in writing of the automatic expungement process relating to their administrative hearing record in accordance with Section (B) and the right to petition for expungement of their administrative hearing record in accordance with Sections (C) or (D). 20 of 629 65-O-18 ~4~ SECTION 3: Title 11, Chapter 1 of the Evanston City Code of 2012, as amended, is hereby further amended by the addition of Section 11-1-21, “Severability,” which is to read as follows: 11-1-21. – SEVERABILITY. The provisions of this Chapter will be interpreted so as not to be in conflict with the laws of the State or any other limitations imposed by law. In the event, however, that any Section, provision, sentence, or clause of this Chapter is declared unconstitutional by a court of competent jurisdiction, that determination will not affect the other remaining provisions of this Chapter. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: This ordinance must be in full force and effect after its passage, approval, and publication in a manner provided by law. SECTION 6: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity must 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 21 of 629 65-O-18 ~5~ Attest: _______________________________ Devon Reid, City Clerk Approved as to form: _______________________________ Michelle L. Masoncup, Interim Corporation Counsel 22 of 629 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, April 23rd, 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 23 of 629 Mayor’s Public Announcements Mayor Hagerty congratulated the Japanese Council General in Evanston for their 50 years in the community. Thanked everyone for their efforts in making Earth Day weekend a positive experience. Made updates on Fountain Square reconstruction. Thanked Cradle to Career for the Beyond Diversity training. Lastly the Mayor announced Arbor Day, April 27, 2018 and Public Service Week, May 6-12, 2018 Watch City Manager’s Public Announcements City Manager Wally Bobkiewicz introduced the new CFO for the City of Evanston, Hitesh Desai. Announced the search for a Community Ambassador Program and the Special Council Meeting for Monday April 30th at 6:00 p.m. Watch City Clerk’s Communications City Clerk had 1 Communications: Reminded everyone that the Financial Disclosure and Affiliation Statement form are due on May 1st. The Clerk’s Office will have a notary available in the Clerk’s Office to notarize the forms. Watch Public Comment Junad Rizki Questioned City Manager Bobkiewicz motives for downgrading the C.F.O. position and believes the Hitesh Desai is not qualified to lead the position. Spoke about the expenses of the City Manager and the vast lunches being taken by the City Manager. Spoke about the Mayor’s office renovation and the lack of response from the City of the expenses. Lastly, Mr. Rizki talked about the Harley Clarke Mansion, Howard St. and Smylie Brothers. Watch Herb Harms Suggested that the Harley-Clarke Mansion be tapped off to prevent residents from being injured by falling debris. Watch Janet Kirby Disappointed on the outcome of the Evanston Lakehouse & Gardens proposal and asked City Council to bring the proposal back for consideration and discussion. Watch Benjamin Gasbarra Asked City Council to reconsider the Evanston Lakehouse & Gardens proposal Watch 24 of 629 Austin Busch Talked about the Dodge bike lane proposal Watch George Feeney Said he doesn't like the protected bike lanes. Says its endangering the safety of motorists. Wans the bike lanes to be reconfigures to the old layout to create a better flow of traffic. Also ask City Council to establish a fund to help residents with the cost or repairing the sewer lines Watch Judy Frady Thanked Ald. Rainey for trying to get reconsideration of the Dodge bike lanes. Stated that it is impossible to make a left turn onto Dodge during the busy hours of the day Watch Jim Young Talked about the public safety contracts. Said the 3% base salary increase is only part of the story, which is growing at a faster rate. Watch James Engelman Asked City Council to approve the public safety contracts in order to continue to have great response team members Watch Hannah Ehrenberg Member of Kirkland & Ellis, presents revised lease proposal from the Evanston Lake House and Gardens group. Stated they have changed the benchmarks to fundraise the $5 million in 3 years and the insurance provision was revised. Watch John Walsh Vice President of the Evanston Lake House and Gardens said last year the City Council overwhelmingly approved the proposal of the Harley Clarke mansion. Said the proposed lease agreement was originally proposed by the City Council and by a disconnect with the city negotiating team and what the City Council was being told, some miscommunication occurred. Watch Bill Brown Member of the Evanston Lake House and Gardens spoke to City Council of his involvement in the project and reassured City Council of members of the organization willing to see this project developed Watch Carlis B Sutton Disappointed that City Council rejected the Lake House and Gardens proposal and prevented the citizens of Evanston of having a restored building. Watch Elena Aristide Spoke about the bike lanes being a safety hazard and urged City Council to reconsider the proposal of modifying the lanes on Dodge Ave Watch Lori Keenan Asked City Council to reconsider the Lake House and Gardens lease. With the help of Mary Rosinski, Lori displayed the statistics of the proposal of the project in hopes that it would provide City Council with a better understanding of the Lake House proposal Watch Patrick Donnelly Shared some questions with City Council about what citizens are Watch 25 of 629 asking in regards to the rejected proposal for the lakehouse Diana Jauntiraus Talked about Hip Circle Empowerment Center. The mission of the center is to empower women through dance fitness and community. With their new location on Howard St, Hip Circle will offer scholarships and work-study to make it possible for members of the community to participate in the different programs and classes. Watch John Walsh Read a letter on behalf of Sarah Shastock stating there are resources and funding to make the Lake House and Gardens proposal a successful project. Watch Consent Agenda (M1) Approval of Minutes of the Regular City Council Meeting of April 9, 2018. For Action Motion: Ald Fleming Watch (A1) Payroll – March 19, 2018 through April 01, 2018 $ 2,864,691.16 (A2.1) Bills List – April 24, 2018 $ 1,381,367.39 Credit Card Activity (not including Amazon purchases) – Period Ending February 28, 2017 Bank of America $ 173,924.14 BMO $ 6,692.89 For Action Motion to remove charges from the City Clerk’s Office and approve a modified amount of $172,207.24 for Bank of America. Passed 9-0 Watch (A2.2) Amazon Credit Card Activity – Ending February 28, 2017 Bank of America $ 8,689.56 BMO $ 31.99 For Action Passed 8-0 Alderman Suffredin Abstained Watch 26 of 629 (A3.1) Sustainable Pest Control and Pesticide Reduction Policy City Council accepted and placed on file the proposed pesticide use and reduction effort report. For Action: Accept and Place on File Approved on Consent Agenda (A3.2) Dodge Avenue Bike Lane Modifications The 8th Ward Alderman has requested that the City Council review the necessity for bike lanes on Dodge Avenue between Howard Street and Oakton Street. Staff is requesting direction from City Council on how to proceed. For Action Item did not pass out of committee (A3.3) Contract with Schroeder & Schroeder Inc. for the 2018 50/50 Sidewalk Replacement Project City Council authorized the City Manager to execute a contract for the 2018 50/50 Sidewalk Replacement Project (Bid No. 18-14) with Schroeder & Schroeder Inc. (7306 Central Park Avenue, Skokie, IL 60076) in the amount of $211,000.00. Funding will be provided from the Capital Improvement Program 2018 General Obligation Bonds in the amount of $150,000 (with a budget of $300,000 with a remaining balance of $284,209.50), and from estimated private funds in the amount of $61,000. For Action Approved on Consent Agenda (A3.4) Contract with Bolder Contractors, Inc. for the 2018 Water Main Improvements and Street Resurfacing Project City Council authorized the City Manager to execute a contract for the 2018 Water Main Improvements and Street Resurfacing Project (Bid No. 18-10) with Bolder Contractors, Inc. (316 Cary Point Drive, Cary, IL 60013) in the amount of $2,410,717.49. Funding will be provided from the CIP Fund 2018 General Obligation Bonds in the amount of $380,000.00, the Water Fund in the amount of $2,470,000.00, and the Sewer Fund in the amount of $300,000.00. A detailed summary of the funding can be found on the corresponding transmittal memorandum. For Action Approved on Consent Agenda 27 of 629 (A3.5) Purchase of Trees and Planting Services for Spring Planting City Council authorized the City Manager to execute a contract award for the purchase of 300 trees and planting services for 150 of those trees from Suburban Tree Consortium in the amount of $85,006.00. Funding for this purchase will be from: $135,000 from the Forestry Division General Funds (Account 100.40.4320.65005), and $1,000 from Replant Express Funds (Account 100.41335). The Replant Express program allows residents to pay $250 (the cost of a 2.0” – 2.5” tree plus delivery) to be added to our planting list immediately, rather than waiting the two years it typically takes for a replacement tree. There are four trees being planted through this program which generated $1,000.00 in payments. These two funding sources will be used to purchase all 300 trees for the parkways and the planting of 150 of those trees. For Action Approved on Consent Agenda (A3.6) One-Year Contract Extension with Interra, Inc. for Material Testing Services City Council authorized the City Manager to execute an agreement for a 1-year contract extension with Interra, Inc. (600 Territorial Drive, Suite G, Bolingbrook, IL 60440) to the agreement for Material Testing Services (RFP 17-02) for various capital infrastructure improvement projects in the amount not-to-exceed $150,000. Funding will be provided from the 2018 General Obligation Bonds, Water Fund, MFT Fund and Sewer Fund, depending on the project. Projects utilizing material testing services include street resurfacing, alley paving, sidewalk replacement, sewer and water main improvements, and other infrastructure improvements as needed. For Action Approved on Consent Agenda (A3.7) Contract with Insituform Technologies USA, LLC for the 2018 CIPP Sewer Rehabilitation Contract A City Council authorized the City Manager to execute a contract for the 2018 CIPP Sewer Rehabilitation Contract A (Bid No. 18-16) with Insituform Technologies USA, LLC (17988 Edison Avenue, Chesterfield, MO 63005) in the amount of $249,439.00. Funding for this project is from the Sewer Fund (Account 515.40.4535.62461–418009), which has an FY 2018 budget allocation of $675,000 for CIPP Sewer Rehabilitation projects, with $675,000 remaining. 28 of 629 For Action Approved on Consent Agenda (A3.8) Contract with Bolder Contractors for Emerson Street Wholesale Water Meter Vault Construction City Council authorized the City Manager to execute a contract for the Emerson Street Wholesale Water Meter Vault Construction (Bid 18-15) with Bolder Contractors (316 Cary Point Drive, Cary, IL 60013) in the amount of $1,162,000.00. Funding for will be provided from the Water Fund (Account 513.71.7330.65515 – 717017), which has an FY2018 budget of $1,250,000. The remaining budget is $1,250,000. Evanston will recover the cost of all engineering and construction of the meter vault as 100% of the cost to construct the vault is included in the Morton Grove Niles Water Commission water rate calculation. For Action Approved on Consent Agenda (A3.9) Amendment to Contract for the Emerson Street Wholesale Water Meter Engineering Services with Crawford, Murphy & Tilly, Inc. City Council authorized the City Manager to execute an Amendment to the contract for the Emerson Street Wholesale Water Meter Engineering Services (RFP 17-36) with Crawford, Murphy & Tilly, Inc. (550 N. Commons Dr., Suite 116, Aurora, IL 60504) to include Engineering Services During Construction in the amount of $149,353.00. Funding for Engineering Services during construction will be provided from the Water Fund (Account 513.71.7330.62145 – 717017) which has a FY2018 budget balance of $131,000. The remaining of the cost for this addendum is available from savings in the Water Fund Account 513.71.7330.62145 due to projects that were scheduled for 2018 and are delayed, specifically the 36/42 Water Intake Replacement. Evanston will recover the cost of all engineering and construction of the meter vault as 100% of the cost to construct the vault is included in the Morton Grove Niles Water Commission water rate calculation. For Action Approved on Consent Agenda (A3.10) Change Order to the Central Street Bridge Phase I Engineering Contract with Stanley Consultants, Inc. City Council authorized the City Manager to execute Change Order No. 1 to the Central Street Bridge Phase I Engineering Contract (Bid No. 16-08) with Stanley Consultants, Inc. (850 West Higgins Road, Suite 730, Chicago, IL 60631) in the amount $27,328.59. This will increase the 29 of 629 overall contract amount from $438,100 to $465,428.59. Funding will be provided from the 2018 General Obligation Bonds for the Central Street Bridge Engineering Services, which has a budget of $100,000 for this project (Account No. 415.40.4118.62415 – 418012), of which $100,000 is remaining. For Action Approved on Consent Agenda (A3.11) Change Order No. 3 to the Agreement with Copenhaver Construction for the Fountain Square Renovations City Council authorized the City Manager to approve Change Order No. 3 to the agreement with Copenhaver Construction (75 Koppie Drive, Gilberts, IL) for the Fountain Square Renovations project which extends the existing contract completion deadline by 29 days from May 1, 2018 to May 30, 2018. For Action Approved on Consent Agenda (A3.12) Sidewalk Café – Cold Stone Creamery City Council approved first-time application for a sidewalk café permit for Cold Stone Creamery, an ice cream store located at 1611 Sherman Avenue. The sidewalk café will consist of three picnic tables with six seats each for a seating capacity of eighteen, and will operate Sunday-Thursday 12:00 p.m.–10:00 p.m. and Friday-Saturday 12:00 p.m.–11:00 p.m. For Action Approved on Consent Agenda (A3.13) Sidewalk Café – Amanecer Taco Shop City Council approved first-time application for a sidewalk café permit for Amanecer Taco Shop, A Type 2 restaurant located at 512 Main Street. The sidewalk café will consist of one table with four seats and one table with two seats for a seating capacity of six, and will operate Sunday-Thursday 7:00 a.m.-2:00 p.m. and Friday-Saturday 7:00 a.m.-11:00 p.m. For Action Approved on Consent Agenda 30 of 629 (A3.14) Three Year Sole-Source Service Agreement with Tyler Technologies/New World ERP City Council authorized the City Manager to execute a three year sole-source agreement with Tyler Technologies (P.O. Box 203556, Dallas, TX 75320)/ New World ERP (NW) in the annual amount of $98,609 for financial management and human resources/payroll processes with a $4,000 one-time software fee for a total of $299,827. The new contract includes software support, maintenance, upgrades and hosting. Funding will be from the following: 85% from the IT Fund (Account 100.19.1932.62340), with a current balance is $361,416.63; and 15% from the Water Fund (Account 510.40.4225.62340), with a current balance is $84,810. For Action Approved on Consent Agenda (A3.15) 2018 Fraternal Order of Police Sergeant Union Contract City Council authorized the City Manager to execute a collective bargaining agreement between the City and the Fraternal Order of Police (FOP) Sergeant Union. For Action Approved on Consent Agenda (A3.16) 2017-2018 International Association of Fire Fighters Union, Local 742 Contract City Council authorized the City Manager to execute a two-year collective bargaining agreement between the City and the International Association of Fire Fighters Union (IAFF), Local 742. For Action Passed 7-2 Alderman Suffredin & Fleming voted No Watch (A4) Resolution 21-R-18, A Corporate Resolution Accepting a Grant from Illinois Housing Development Authority’s Abandoned Residential Property Municipal Relief Program City Council adopted Resolution 21-R-18, accepting a $75,000 Grant from the Illinois Housing Development Authority’s Abandoned Residential Property Municipal Relief Program. For Action Approved on Consent Agenda 31 of 629 (A5) Resolution 20-R-18, Authorizing the Appointment of Chief Financial Officer and City Treasurer for the City of Evanston City Council adopted Resolution 20-R-18, appointing Hitesh Desai as Chief Financial Officer and City Treasurer. For Action Approved on Consent Agenda (A6) Resolution 23-R-18, Five-Year Loan Agreement with Hip Circle Empowerment Center to Fund Expenses at 727 Howard Street City Council adopted Resolution 23-R-18, authorizing a five-year loan of $25,000 to Hip Circle Empowerment Center for tenant improvements at 727 Howard Street. The Howard/Ridge Tax Increment Financing Fund (Account 330.99.5860.65509) is the recommended source of funding for the estimated $49,889 construction budget. The City, as landlord, is providing a tenant improvement allowance of $25,000. The remaining $24,889 will be in the form of a loan, and repaid with interest during the first 60 month term of the lease agreement. For Action Motion to amend item from $18 per square foot to $15 per square foot Passed 9-0 Watch (A7) Ordinance 60-O-18, Five-Year Lease of City-Owned Real Property Located at 727 Howard Street with Hip Circle Empowerment Center City Council adopted Ordinance 60-O-18, authorizing the City Manager to enter into a five-year lease of City-owned real property located at 727 Howard Street, Evanston, Illinois with Hip Circle Empowerment Center. For tenant improvement allowance component of the lease agreement, staff recommends a total of up to $25,000 from the Howard/Ridge Tax Increment Financing Fund (Account 330.99.5860.65509). An additional build-out loan of $24,889 will also be provided from this account, which Hip Circle Empowerment Center will repay with interest over the five-year lease term. A two-thirds majority of City Council is required to adopt Ordinance 60-O-18. For Introduction Motion to amend item from $18 per square foot to $15 per square foot Motion made to suspend the rules for introduction and action Passed 9-0 Watch 32 of 629 A8) Ordinance 57-O-18, Updating Authorized Signatories and Financial Institutions for Deposits/Investments of City Funds City Council adopted Ordinance 57-O-18, adding Hitesh Desai as a depository signature to City accounts. For Introduction Motion made to suspend the rules for Introduction and Action Passed 9-0 Watch (A9) Ordinance 25-O-18, Amending the City Code for the Public Works Agency City Council adopted Ordinance 25-O-18 amending Title 7, Chapter 1 of the Evanston City Code, “Public Works Agency”. The Ordinance also codifies the Block Party permit processes. For Introduction Approved on Consent Agenda (A10) Ordinance 50-O-18, Increasing the Number of Class D Liquor Licenses for Falcon Eddy’s Barbeque located at 825 Church Street City Council adopted Ordinance 50- O-18, amending Evanston City Code Subsection 3-4-6-(D) to increase the number of Class D Liquor Licenses from forty-nine (49) to fifty (50) and permit issuance of a Class D license to Falcon Eddy’s, LLC d/b/a Falcon Eddy’s Barbeque located at 825 Church Street. For Introduction Motion made to suspend the rules for Introduction and Action Passed 9-0 Watch (A11) Ordinance 51-O-18, Increasing the Number of Class F Liquor Licenses for Target Store T0927 located at 2209 Howard St. City Council adopted Ordinance 51- O-18, amending Evanston City Code Subsection 3-4-6-(F) to increase the number of authorized Class F liquor licenses from ten (10) to eleven (11), and permit issuance of a Class F license to Target Corporation d/b/a Target Store T0927 located at 2209 Howard Street. For Introduction Approved on Consent Agenda 33 of 629 (A12) Ordinance 52-O-18, Increasing the Number of Class X Liquor Licenses for Board & Brush Evanston located at 802 Dempster Street City Council adopted Ordinance 52- O-18, amending Evanston City Code Subsection 3-4-6-(X) to increase the number of Class X Liquor Licenses from zero (0) to one (1) and permit issuance of a Class X license to SV Evanston Family, LLC d/b/a Board & Brush Evanston, 802 Dempster Street. For Introduction and Action Approved on Consent Agenda (A13) Ordinance 53-O-18, Increasing the Number of Class F-2 Liquor Licenses for Binny’s Beverage Depot located at 1111 Chicago Ave. City Council adopted Ordinance 53- O-18, amending Evanston City Code Subsection 3-4-6-(F-2) to increase the number of Class F-2 Liquor Licenses from zero (0) to one (1) and permit issuance of a Class F-2 license to Gold Standard Enterprises, Inc., d/b/a Binny’s Beverage Depot located at 1111 Chicago Avenue. For Introduction Approved on Consent Agenda (A14) Ordinance 54-O-18, Amending City Code Section 3-4-6(F) Eliminating the 500 Foot Restriction From Other Class F Liquor Licenses City Council adopted Ordinance 54- O-18, eliminating the restriction prohibiting Class F liquor licensees to be within five hundred (500) feet from another Class F liquor license establishment. For Introduction Approved on Consent Agenda (A15) Ordinance 55-O-18, Amending City Code Section 3-4-6(F) Eliminating the 500 Foot Restriction From Other Class F-1 City Council adopted Ordinance 55- O-18, eliminating the restriction prohibiting Class F-1 liquor licenses to be within five hundred (500) feet from another Class F-1 liquor license establishment. For Introduction Approved on Consent Agenda 34 of 629 (A16) Ordinance 49-O-18, Approving the Construction of a Local Improvement Known as Evanston Special Assessment No. 1523 City Council adopted Ordinance 49-O-18 allowing the paving of the alley north of Payne Street and east of McDaniel Avenue through the Special Assessment Process. Funding will be from: 2018 Capital Improvement Program (CIP) General Obligation Bonds (Account 415.40.4118.65515 – 418003) in the amount of $220,395.00, which has $250,000 budgeted in FY 2018; and Special Assessment funds (Account 415.40.4218.65515 – 418003) in the amount of $220,395.00, which has $250,000 budgeted in FY 2018. The remaining balance in both accounts is $250,000. For Action Approved on Consent Agenda (P1) Granting Vacation Rental License for 1500 Main Street City Council approved a Vacation Rental License for the property located at 1500 Main Street. The Vacation Rental meets all of the Standards and Procedures for license approval. For Action Approved on Consent Agenda Motion: Ald. Fiske Watch (P2) Granting Vacation Rental License for 1419 Elmwood City Council approved a Vacation Rental License for the property located at 1419 Elmwood Avenue. The Vacation Rental meets all of the Standards and Procedures for license approval. For Action Approved on Consent Agenda (P3) Ordinance 29-O-18, Amending the City Code Title 2, Chapter 8 “Historic Preservation” City Council approved Ordinance 29-O-18, Amending Title 2, Chapter 8 of the Evanston City Code, “Historic Preservation.” The focus of the text amendment is to update, when appropriate, the language and definitions and also streamline procedures to make it more user friendly for the staff, the Commission, and the public. The original intent and principles of the current Preservation Ordinance have been maintained. For Introduction Approved on Consent Agenda 35 of 629 (P4) Ordinance 47-O-18, Amending the Definition of “Coach House” in the the City Code Section 6-18-3 City Council adopted Ordinance 47-O-18, amending the Zoning Ordinance to modify the definition of a Coach House. A previous version of the proposed text amendment did not receive a recommendation from the Plan Commission. Ordinance 47-O-18 was held on April 9, 2018 until April 23, 2018 for Introduction. For Introduction Approved on Consent Agenda (P5) Ordinance 40-O-18, Amending the City Code, “Permitted Obstructions in Required Yards: General Provisions” Relating to Front Porches Following input from the current and former Zoning Board of Appeals Chair, staff recommends direction from the Committee regarding the scope of amendments to the front porch regulations. If the proposed amendments are limited to sections of the Zoning Ordinance that were included in the Plan Commission legal notice (6-4-1-9 Yards, and 6-18-3 Definitions), Ordinance 40-O-18 can be approved and/or amended. However, if the Committee desires to amend other regulations such as the appropriate determining body for porch variations (6-3-8-3 Authorized Variations), a Plan Commission meeting would need to be re-noticed accordingly. Ordinance 40-O-18 was held on April 9, 2018 until April 23, 2018 for Introduction. For Introduction Moved to table the Ordinance to a later date. Item will stay in committee (P6) Ordinance 58-O-18 Granting a Special Use for a Type 2 Restaurant, Falcon Eddy’s Barbecue at 825 Church Street City Council adopted Ordinance 58-O-18 granting a special use approval for a Type 2 Restaurant, Falcon Eddy’s Barbecue in the D2 District. The applicant has complied with all zoning requirements, and meets all of the standards of a special use for this district. For Introduction Motion made to suspend the rules for introduction and action Passed 9-0 Watch 36 of 629 (P7) Ordinance 46-O-18, Granting a Special Use for a Type 2 Restaurant, Frio Gelato, at 1301 Chicago Avenue City Council adopted Ordinance 46-O-18 granting special use approval for a Type 2 Restaurant, Frio Gelato, in the B1 Business District and the oDM Dempster-Main Overlay District. The applicant will comply with all zoning requirements and meets all of the standards for a special use in this district. For Action Approved on Consent Agenda (APP1) For Appointment: Housing and Homelessness Commission: Monika Bobo Ms. Bobo is Staff Counsel at the Illinois Housing Development Authority (IHDA), a state agency that works to finance the creation and preservation of affordable housing in Illinois. Previously, Monika worked to increase affordable housing throughout Lake County as the Housing Grant Administration Specialist for Lake County Planning, Building & Development. In addition to understanding housing needs over large geographic areas and at the neighborhood level, Monika brings experience in project underwriting, review, evaluation and budgeting. Monika is a licensed attorney and holds a J.D. from the New England School of Law, as well as bachelor’s degrees in Political Science and Psychology & Human Services from George Washington University. For Action Approved on Consent Agenda (APP2) For Re-Appointment: Plan Commission: Peter Isaac Mr. Isaac is an attorney with Brown, Udell, Pomerantz & Delrahim, Ltd. representing clients with respect to real estate acquisition, development, management, leasing, and financing, general litigation, and various corporate and securities matter. He has a B.S. in Accountancy, J.D.; LLM in Real Estate. For Action Approved on Consent Agenda 37 of 629 Call of the Wards Ward 1: No Report Watch Ward 2: Thanked everyone who participated in the cleaning of the area surrounding ETHS on Saturday morning. Made a referral to prioritize the migration of data from an old Excel file from the administrative adjudication and to have a comprehensive report on uncollected fees from administrative adjudication. Also wanted a comprehensive report on the City of Evanston Amazon purchases and see if items can be purchased locally. Watch Ward 3: 3rd Ward meeting on Thursday April 26th at Lincoln school from 7-8:30 p.m. Next office hours will be Thursday May 3rd from 7-10 a.m. at Brothers K Watch Ward 4: 4th Ward meeting on May 16th at 6:30 p.m. at the Robert Crown Center Watch Ward 5: Thanked the 5th Ward residents who participated in the priority budgeting exercise. Wish a happy birthday to James Engelman Watch Ward 6: No Report Watch Ward 7: Recommended everyone to read the pesticide report located on page 80 of the city packet on the progress the city has made in reducing the use of pesticide on city property, as well as useful information for residents about pest control on their own properties. Watch Ward 8: On April 24th at 7:00 p.m. the Howard Street business association will be meeting at Peckish Pig. Watch Ward 9: Thanked 9th Ward residents and David Stoneback for attending the 9th Ward meeting held the previous Saturday. Reminded residents to participate in the streetlight survey. Also reminded everyone of the meeting being held by Pace and CTA on Tuesday April 24th at the Levy Center from 4:30-6:30 p.m. in regards to the proposed route changes in Evanston Watch Adjournment 38 of 629 Mayor Hagerty called a voice vote to adjourn the City Council meeting, and by unanimous vote the meeting was adjourned. Ald. Wilson led City Council into Executive Session. A roll call vote was taken and by a unanimous vote (9-0) City Council recessed into Executive Session. 39 of 629 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, April 30th, 2018 Present: Alderman Fiske Alderman Rue Simmons Alderman Braithwaite Alderman Revelle Alderman Wynne Alderman Fleming Alderman Wilson Alderman Suffredin (8) Absent: (1) Alderman Rainey Presiding: Mayor Stephen Hagerty Devon Reid City Clerk 40 of 629 Mayor’s Public Announcements Mayor Hagerty welcomed the Washington school Girl Scout Troops #409-39 who attended City Council for their civics curriculum to better understand how local government works. Watch City Manager’s Public Announcements City Manager Wally Bobkiewicz announced STAR Communities Recognition of City of Evanston’s 4-STAR Sustainable Community Recertification. Katherine Hurley, Sustainability Program Manager of the Argonne National Laboratory, presented a Plaque Award to Mayor Steve Hagerty in recognition of the recertification achievement. Watch City Clerk’s Communications City Clerk had no announcements. Watch Public Comment Dan Joseph Retired CTA employee who objects to planned bus service cuts for the 205, 208 and 213 buses Watch Junad Rizki Shared his disagreements with the mismanagement of city funds. Called the priority based budgeting a “smoke screen” to hide the real problems from the community. Asked City Council to look into the Council rules in regards to speakers giving their time to other speakers Watch Sue Loellbach Shared research that showed cities with comprehensive plans that include affordable housing are more likely to increase affordability in their communities and cities with affordable housing plans with strategies are more likely to use funds for affordability Watch Olympia Baldwin Edwards ETHS student that wants to see an increase in affordable housing for classmates and residents alike. Wants to see a plan that eliminates zoning that creates barriers to affordability, provides incentive to landlords to increase affordability and includes new strategies for affordability. Explained the benefits of affordable housing include giving people wellbeing, reach their full potential, decrease crime and keeps property values consistent. Watch 41 of 629 Tim Russell Spoke about the pumping station and how the entire process was handled incorrectly. Asked for more consideration for residents of the 5th Ward who are now trapped between a pumping station and a garbage center. Watch Michael Donoroff Talked about zoning ordinances in Evanston systematically disadvantaged students, immigrants, young people and and low-income individuals in the city. The 3 unrelated rule is outdated and out of touch with reality and action must be taken by City Council to better fit the community. Watch Sarah Vanderwickin 1st Ward resident asked City Council to look at the plan development and revising it so that the provision of affordable housing is a greater public benefit. Asked that all Wards be considered when discussing affordable housing Watch Virginia Ayers Member of Interfaith Action of Evanston who is advocating for affordable housing in Evanston. On behalf of the Interfaith group she wants the committee responsible of affordable housing to meet soon to make affordable housing possible in Evanston Watch Misty Witenberg Explained that 2525 Church St was approved for the restoration and preservation of green space as an expanded park. Said the city cannot claim a municipal use exemption if it does not own the structure or water services are not provided to Evanston. Furthermore she spoke about the disparaging remarks made by some City Council members, including Ald. Rainey and Ald. Simmons on social media. Demanded City Council take these actions seriously Watch Cecelia Wallin Shared her concerns about the changes of the CTA/PACE buses. These changes will significantly affect constituents, particularly those who have disabilities or impairments and rely on public transit. This will reduce the social opportunities for people with disabilities. Wants City Council to consider all members of the community who rely heavily on public transportation Watch Doug Sharp Wanted City Council to resume the meetings for the Inclusionary Housing sub-committee to update and approve the Inclusionary Housing Ordinance Watch Patrick Donnelly Member of the Lakehouse group that shared his commitment to working on saving the Harley Clarke Mansion Watch 42 of 629 Special Order of Business (SP1) Resolution 25-R-18, Supporting Direct Public Transportation Service to Evanston Township High School City Council adopted Resolution 25-R-18, supporting direct public transportation service to Evanston Township High School. For Action Passed 8-0 Watch (SP2) Affordable Housing Work Plan Updates Staff presents City Council with updates on the Inclusionary Housing Ordinance Subcommittee, coach houses, the Landlord Rehabilitation Assistance Program, and the three-unrelated occupancy rule. For Action: Accept and Place on File Motion made to have discussion on the three related ordinance in the Planning & Development committee on May 14 Passed 8-0 Motion made to a Accept report and Place it on File Passed 8-0 Watch (SP3) Resolution 26-R-18, Execute Intergovernmental Agreement with Evanston Township High School District No. 202 City Council authorized the City Manager to execute an intergovernmental agreement (IGA) with the Board of Education of the Evanston Township High School District No. 202. The IGA recognizes the mutual benefits to the City, ETHS and the community of the educational and housing program commonly known as Geometry In Construction (GIC) and memorializes the expectations and commitments of both parties to maintain the program going forward. For Action Passed 8-0 Watch 43 of 629 (SP4) Expanding Accessory Dwelling Units to Address Housing Needs in Evanston Staff requests direction from City council regarding follow-up steps relating to Accessory Dwelling Units (ADUs) as a strategy to expand housing choices and affordable housing in Evanston. At its meeting on January 29, City Council directed staff to revise current zoning to allow rental of existing coach houses as a first step. An ordinance to permit this was introduced at the April 23, 2018 meeting. Staff proposes undertaking a comprehensive review of how to expand ADUs to further address Evanston’s housing needs. Involving the Age Friendly Taskforce in this evaluation, as well as in community outreach and education, would provide valuable perspective regarding housing needs of seniors, including smaller accessible housing units, the ability to age in place, and avoiding displacement due to rising housing costs. For Action Motion made to refer to Planning and Development Committee Passed 8-0 Watch (SP5) Steps Toward Homeownership – Special Use for Small Lot Housing Staff recommends consideration of developing a Special Use process that would enable developers to propose the construction of modest-size homes on smaller lots than currently allowed by our zoning. This process would enable the development of “starter” homes affordable to first-time homebuyers and less affluent residents by reducing the land cost associated with the development of a single family home. It would also allow non-conforming parcels throughout our community that are currently undevelopable based on zoning to be put into productive use. For Action Motion made to refer to Planning and Development Committee Passed 8-0 Watch (SP6) Update on Priority Based Budgeting Process City Council accepted and placed on file the update on the priority based budgeting process and direct staff to move forward with the public outreach portion of the process. For Action: Accept and Place on File Passed 8-0 Watch 44 of 629 Call of the Wards Ward 1: No Report Watch Ward 2: Thanked Rebuilding Together for the homes rebuilt in the 2nd, 5th and 7th Ward. Special thanks to Kinzie Group, Northwestern and others for the participation in the event. Another special acknowledgement to the Sergeant B. Williams snail post 71-86. Ald. Braithwaite joined the Mayor and Cook County Commissioner Larry Suffredin as they celebrated the men and women that serve our country Watch Ward 3: On Thursday May 3rd office hours will be from 7:00-10:00 a.m. In the evening of May 3rd the first meeting of the Garden Park Renovation Plan at 7 pm at Lincoln school Watch Ward 4: No Report Watch Ward 5: No Report Watch Ward 6: No Report Watch Ward 7: Thanked Rebuilding Together for rebuilding the home of a resident of the 7th Ward Watch Ward 8: No Report Watch Ward 9: No Report Watch Adjournment Mayor Hagerty called a voice vote to adjourn the City Council meeting, and by unanimous vote the meeting was adjourned. 45 of 629 46 of 629 ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, May 14, 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 FLEMING, CHAIR II. APPROVAL OF MINUTES OF REGULAR MEETING OF APRIL 23, 2018 III. PUBLIC SERVICE AWARDS IV. ITEMS FOR CONSIDERATION (A1) Payroll – April 2, 2018 through April 15, 2018 $ 2,771,899.38 Payroll – April 16, 2018 through April 29, 2018 $ 3,193,928.62 For Action (A2) Bills List – May 15, 2018 $ 4,156,673.45 Bank of America February 2018 Credit Card Activity (items held at April 23 City Council meeting) $ 1,716.90 For Action (A3.1) Purchase of Three Vehicles for the Public Works Agency Staff recommends City Council approval for the purchase of three (3) vehicles for operations in the Public Works Agency (Water Production Bureau and Public Services Bureau). The following vehicles will be purchased: Ford F-350 XP from Currie Motors Inc. (9423 W. Lincoln Highway, Frankfort, IL 60423) in the amount of $36,995.00; a Crane Carrier Model LET2-44 from National Fleet Auto Group (490 Auto Center Drive, Watsonville, CA 95076) in the amount of $267,825.00; and a Kenworth T440 Cab/Chassis from Standard Equipment Company (2033 W. Walnut Street, Chicago, IL 60612) in the amount of $369,116.58. Funding will be as follows: $36,995 from the Water Fund (Account 510.40.4230.65550), with a budget of $62,200; $369,116.58 from the Sewer Fund (Account 515.40.4530.65550), with a budget of $460,300; and $267,825 from four Accounts within the Solid Waste Fund. For Action 47 of 629 (A3.2) Revised Purchase of One Vehicle for the Public Works Agency Staff recommends City Council approval for the purchase of one (1) vehicle, a 2019 Peterbilt Model 348, for operations in the Public Works Agency - Public Services Bureau. The vehicle will be purchased from JX Peterbilt (42400 Hwy 41, Wadsworth, IL 60083) in the amount of $206,258.00 through the National Joint Powers Alliance contract. Funding for the vehicle will be from the Equipment Replacement Fund (Account 601.19.7780.65550), which has a budget of $1,522,977. This recommended vehicle purchase was originally approved for an incorrect amount at the Administration and Public Works Meeting on April 9, 2018. For Action (A3.3) Contract Renewal with Krave Concession LLC for 2018 Lakefront Concession Staff recommends that City Council authorize the City Manager to execute a one year contract renewal between the City of Evanston and Krave Concession LLC for the Church and Clark Street food & drink stands and the lakefront mobile concessions (Lighthouse, Clark St., Greenwood St., South Blvd. and Lee St.) for the 2018 season. Krave Concession LLC is now owned by Brian Fogle, 5313 West 123rd Place, Alsip, Illinois 60803. Krave Concession LLC will pay the City $10,000 for the privilege of the 2018 permit. For Action (A3.4) Contract with First Student for Parks, Recreation & Community Services Department 2018 Summer Bus Transportation Staff recommends City Council authorize the City Manager to execute a contract with First Student (1717 Park Street, Naperville, IL 60563) in the amount not to exceed $30,175. First Student was the lowest responsive bidder for the Parks, Recreation and Community Services Department 2018 summer bus transportation. They submitted a base bid of $26,175 and a $50.00 per hour cost for any additional trips that may be necessary. Staff recommends adding a $4,000 contingency amount to the base bid for additional trips or when either a city owned bus is out of service or a driver is not available to work. Funding will be from various Accounts depending on the type of program/facility location, which are detailed on the corresponding transmittal memorandum. For Action (A3.5) First Quarter Financial Report for Fiscal Year 2018 Staff recommends City Council accept and place the First Quarter Financial Report for FY 2018 on file. For Action: Accept and Place on File 48 of 629 (A3.6) Disposition of Waste Transfer Tipping Fees / Station Project Funding Staff recommends City Council: 1) receive update on waste transfer tipping fees; 2) authorize the City Manager to pursue cost proposals for an environmental monitoring study at the waste transfer station operated by Advanced Disposal at 1711 Church Street and to purchase the environmental monitoring equipment needed for the study. The study is estimated to cost $25,000 and the equipment costs are estimated to be $167,500, for a total estimated cost of $192,500. Staff recommends that $200,000 of 2018 GO Bond funds be provided for this work. For Action (A4) Resolution 33-R-18, Appointing Hitesh Desai as the City of Evanston’s Delegate for the Intergovernmental Personnel Benefit Cooperative Staff recommends City Council adopt Resolution 33-R-18, appointing Hitesh Desai as Delegate for the Intergovernmental Personnel Benefits Cooperative. For Action (A5) Resolution 28-R-18, Letter of Understanding with Evanston Foreign Fire Insurance Board to Fund the Purchase of Firefighter Gear Staff recommends that the City Council adopt Resolution 28-R-18 authorizing a letter of understanding with the Evanston Foreign Fire Tax Board for a joint purchase of ninety-three (93) sets of firefighter personal protective equipment. The vendor will be Air One Equipment, Inc., (360 Production Drive, South Elgin, IL 60177) and the total cost, spread over a 5-year period, will be $221,805. Funding will be from the General Fund (Account 100.23.2315.65625) in an amount not to exceed $17,892 per year, for a total of $89,438. Additional funding of $132,367/60% of the cost is from the Evanston Firefighters Foreign Tax Board. For Action (A6) Resolution 31-R-18, Request Volume Cap Allocation for Private Activity Bonds from the State of Illinois Governor’s Office Staff recommends City Council approval of Resolution 31-R-18 authorizing the City of Evanston to request volume cap allocation for Private Activity Bonds (PAB) from the State of Illinois Governor’s Office in the amount of $7,821,030 for 2018. This authorizes the City to request its allocation of PAB volume cap only; City Council would have to approve any project proposed for PABs separately following receipt of its volume cap reservation from the State of Illinois. The City has three years to allocate its PAB to a project or projects and any unallocated volume cap reverts to the State of Illinois for reallocation. For Action (A7) Resolution 27-R-18, Terminate Lease for City-Owned Real Property Located at 2222 Oakton Street with Smylie Brothers Staff recommends City Council adopt Resolution 27-R-18, “Authorizing the City Manager to Execute a Mutual Termination of Lease Agreement for City-Owned Real Property Located at 2222 Oakton Street with Smylie Brothers Draft and Package LLC”. Staff also requests direction on next steps for the property. For Action 49 of 629 (A8) Resolution 19-R-18, Extension of a License to Comcast, Allowing Maintenance of a Building and Fence in the Public Right-of-Way of Mulford Street and Park Land in James Park Staff recommends City Council adoption of Resolution 19-R-18, authorizing the City Manager to execute a four (4) year extension, until May 31, 2022, of the license to Comcast for facilities in James Park. Total revenue for the license extension agreement will be $95,616. For Action (A9) Ordinance 62-O-18, Amending Hours of Alcohol Service Local Liquor Commissioner recommends City Council adoption of Ordinance 62- O-18, amending Evanston City Code Subsection 3-4-9 to allow for extended hours of alcohol service. The Ordinance permits the Local Liquor Commissioner discretion to extend hours of lawful service per written order. For Introduction V. ITEMS FOR DISCUSSION VI. COMMUNICATIONS VII. ADJOURNMENT 50 of 629 Administration and Public Works Committee Meeting Minutes of April 23, 2018 James C. Lytle Council Chambers – 6:00 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: T. Suffredin, R. Simmons, A. Rainey, C. Fleming, P. Braithwaite STAFF PRESENT: K. Richardson, W. Bobkiewicz, M. Hernandez, S. Mangum, E. Storlie, M. Treto, H. Desai, S. Nagar, L. Biggs, R. Dahal, P. D’Agostino, D. Stoneback, G. Gerdes, I. Ogbo, DC Barnes, T. Nunez, D. King, Mayor Hagerty PRESIDING OFFICIAL: Ald. Fleming I. DECLARATION OF A QUORUM: ALDERMAN FLEMING, CHAIR A quorum being present, Ald. Fleming called the meeting to order at 6:06p.m. II. APPROVAL OF MINUTES OF REGULAR MEETING OF APRIL 9, 2018 Ald. Rue Simmons moved to accept the Minutes of April 9, 2018 and the A&PW meeting as submitted, seconded by Ald. Rainey. III. NATIONAL DRINKING WATER WEEK: 3RD GRADE ART CONTEST WINNERS National Drinking Water Week is May 6th-May 12th. Mayor Hagerty introduced the 3rd grade art contest winners and gave presented them with awards and gifts. Their pictures will be on display at the Evanston Public Library and then at the Civic Center. The award winners are: Water Spirit Award – Rosalee Robertson, St. Athansius Elementary School Mayor’s Choice Award – Lauren Barnett, King Literary & Fine Arts School People’s Choice Award – Alice Brown, Willard Elementary School IV. ITEMS FOR CONSIDERATION (A1) Payroll – March 19, 2018 through April 01, 2018 $ 2,864,691.16 For Action Ald. Rainey moved to recommend approval of Payroll March 19, 2018 through April 1, 2018 in the amount of $2,864,691.16, seconded by Ald. Suffredin. The Committee voted unanimously 4-0 to approve the payroll. (A2.1) Bills List – April 24, 2018 $ 1,381,367.39 Credit Card Activity (not including Amazon purchases) – Period Ending February 28, 2017 DRAFT - NOT APPROVED 51 of 629 Bank of America $ 173,924.14 BMO $ 6,692.89 For Action Ald. Suffredin moved to approve the bills through April 24, 2018 in the amount of $1,381,367.39 and credit card activity (not including Amazon purchases) for the period ending February 28, 2017 in the amount of $173,924.14 (Bank of America purchases) and $6,692.89 (BMO purchases), seconded by Ald. Rue Simmons. Ald. Suffredin voiced concern over the lack of receipts for some credit card transactions. The new amount less the 15 charges in question is $172,207.24. Ald. Fleming moved to approve the BMO Harris credit card in the amount of $6,692.89, seconded by Ald. Suffredin. The Committee voted unanimously 4-0 to approve the bills and amended credit card activity. (A2.2) Amazon Credit Card Activity – Ending February 28, 2017 Bank of America $ 8,689.56 BMO $ 31.99 For Action Ald. Rue Simmons moved to approve the Amazon credit card activity for the period ending February 28, 2017 for the Bank of America card in the amount of $8,689.56 and the BMO Harris card in the amount of $31.99, seconded by Ald. Fleming. Ald. Fleming expressed concern over the large amount of Amazon purchases and urged the City Manager to direct staff to purchase locally when possible. City Manager Wally Bobkiewicz explained that the MWEBE Committee has being reviewing this issue and is awaiting their report to take additional steps. The Committee voted 3-0 with Ald. Suffredin abstaining to approve the Amazon credit card activity. (A3.1) Sustainable Pest Control and Pesticide Reduction Policy Staff recommends that City Council accept and place on file the proposed pesticide use and reduction effort report. For Action: Accept and Place on File Ald. Fleming moved to recommend City Council accept and place on file the proposed pesticide use and reduction effort report, seconded by Ald. Rue Simmons. Environmental Services Coordinator Paul D’Agostino presented a presentation on pesticide use and reduction efforts. He discussed the background, current practices and goals of the program. 52 of 629 The Committee voted unanimously 4-0 to accept and place the report on file. (A3.2) Dodge Avenue Bike Lane Modifications The 8th Ward Alderman has requested that the City Council review the necessity for bike lanes on Dodge Avenue between Howard Street and Oakton Street. Staff is requesting direction from City Council on how to proceed. For Action Ald. Fleming moved to recommend City Council review the necessity for bike lanes on Dodge Avenue between Howard Street and Oakton Street, seconded by Ald. Rue Simmons. Ald. Rainey expressed concern for the elderly residents that live between Kirk and Dobson. The configuration is very challenging because of the narrow parking and traffic lane created to support the protected bike lane. She noted that rush hour is extremely congested due to vehicles that double park to access the school, park and the Levy Center. PUBLIC COMMENT John Hennelly, a Go Evanston founding member, expressed support for protected bike lanes. He felt that they pull in new bikers and decrease accidents. Dylan Morrow asked the Committee to keep Evanston safe for kids to ride their bikes to James Park. Dan Joseph thank Ald. Rainey for reducing the speed limit to 25 mph on streets with bike lanes. Leo Sherman discussed the buses, refuse haulers and semi trucks on this route. He asked the Committee to look into the causes of accidents on this stretch of bike lanes. Russell Wagner, 1404 Greenleaf, expressed support of keeping the protected lanes. Vickie Jacobson discussed cars parking in the buffer zone and the inaccessibility of transit stops along Dodge. Go Evanston believes in protected bike lanes for all ages. Maple Conn, Reuben Perelman, Nancy Berta, Douglas Hajegawa, Kristin Lems, Michael Moran, Connie Uselman and Doug Holt all expressed support of the protected lanes. Ald. Rainey moved to request City Council direct staff to work with her and neighbors to immediately remove the lane in front of the nursing homes. There was no second to this motion. *Ald. Braithwaite arrived at 7:10pm. 53 of 629 The Committee voted 1-4 to review the necessity of the lanes, with Alds. Fleming, Braithwaite, Rue Simmons and Suffredin opposed. (A3.3) Contract with Schroeder & Schroeder Inc. for the 2018 50/50 Sidewalk Replacement Project Staff recommends City Council authorize the City Manager to execute a contract for the 2018 50/50 Sidewalk Replacement Project (Bid No. 18-14) with Schroeder & Schroeder Inc. (7306 Central Park Avenue, Skokie, IL 60076) in the amount of $211,000.00. Funding will be provided from the Capital Improvement Program 2018 General Obligation Bonds in the amount of $150,000 (with a budget of $300,000 with a remaining balance of $284,209.50), and from estimated private funds in the amount of $61,000. For Action Ald. Suffredin moved to recommend City Council authorize the City Manager to execute a contract for the 2018 50/50 Sidewalk Replacement Project (Bid No. 18-14) with Schroeder & Schroeder Inc. in the amount of $211,000.00, seconded by Ald. Fleming. The Committee voted unanimously 5-0 to approve the contract. (A3.4) Contract with Bolder Contractors, Inc. for the 2018 Water Main Improvements and Street Resurfacing Project Staff recommends City Council authorize the City Manager to execute a contract for the 2018 Water Main Improvements and Street Resurfacing Project (Bid No. 18-10) with Bolder Contractors, Inc. (316 Cary Point Drive, Cary, IL 60013) in the amount of $2,410,717.49. Funding will be provided from the CIP Fund 2018 General Obligation Bonds in the amount of $380,000.00, the Water Fund in the amount of $2,470,000.00, and the Sewer Fund in the amount of $300,000.00. A detailed summary of the funding can be found on the corresponding transmittal memorandum. For Action Ald. Rue Simmons moved to recommend City Council authorize the City Manager to execute a contract for the 2018 Water Main Improvements and Street Resurfacing Project (Bid No. 18-10) with Bolder Contractors, Inc. in the amount of $2,410,717.49, seconded by Ald. Braithwaite. The Committee voted unanimously 5-0 to approve the contract. (A3.5) Purchase of Trees and Planting Services for Spring Planting Staff recommends that City Council authorize the City Manager to execute a contract award for the purchase of 300 trees and planting services for 150 of those trees from Suburban Tree Consortium in the amount of $85,006.00. Funding for this purchase will be from: $135,000 from the Forestry Division General Funds (Account 100.40.4320.65005), and $1,000 from Replant Express Funds (Account 100.41335). The Replant Express program allows residents to pay $250 (the cost of a 2.0” – 2.5” tree plus delivery) to be added to our planting list immediately, rather than waiting the two years it typically takes for a 54 of 629 replacement tree. There are four trees being planted through this program which generated $1,000.00 in payments. These two funding sources will be used to purchase all 300 trees for the parkways and the planting of 150 of those trees. For Action Ald. Fleming moved to recommend City Council authorize the City Manager to execute a contract award for the purchase of 300 trees and planting services for 150 of those trees from Suburban Tree Consortium in the amount of $85,006.00, seconded by Ald. Rue Simmons. The Committee voted unanimously 5-0 to approve the contract award. (A3.6) One-Year Contract Extension with Interra, Inc. for Material Testing Services Staff recommends City Council authorize the City Manager to execute an agreement for a 1-year contract extension with Interra, Inc. (600 Territorial Drive, Suite G, Bolingbrook, IL 60440) to the agreement for Material Testing Services (RFP 17-02) for various capital infrastructure improvement projects in the amount not-to-exceed $150,000. Funding will be provided from the 2018 General Obligation Bonds, Water Fund, MFT Fund and Sewer Fund, depending on the project. Projects utilizing material testing services include street resurfacing, alley paving, sidewalk replacement, sewer and water main improvements, and other infrastructure improvements as needed. For Action Ald. Braithwaite moved to recommend City Council authorize the City Manager to execute an agreement for a 1-year contract extension with Interra, Inc. to the agreement for Material Testing Services (RFP 17-02) for various capital infrastructure improvement projects in the amount not-to- exceed $150,000, seconded by Ald. Rue Simmons. The Committee voted unanimously 5-0 to approve the contract extension. (A3.7) Contract with Insituform Technologies USA, LLC for the 2018 CIPP Sewer Rehabilitation Contract A Staff recommends that City Council authorize the City Manager to execute a contract for the 2018 CIPP Sewer Rehabilitation Contract A (Bid No. 18-16) with Insituform Technologies USA, LLC (17988 Edison Avenue, Chesterfield, MO 63005) in the amount of $249,439.00. Funding for this project is from the Sewer Fund (Account 515.40.4535.62461–418009), which has an FY 2018 budget allocation of $675,000 for CIPP Sewer Rehab. projects, with $675,000 remaining. For Action Ald. Rainey moved to recommend City Council authorize the City Manager to execute a contract for the 2018 CIPP Sewer Rehabilitation Contract A (Bid No. 18-16) with Insituform Technologies USA, LLC in the amount of $249,439.00, seconded by Ald. Rue Simmons. The Committee voted unanimously 5-0 to approve the contract. (A3.8) Contract with Bolder Contractors for Emerson Street Wholesale Water Meter Vault Construction 55 of 629 Staff recommends the City Council authorize the City Manager to execute a contract for the Emerson Street Wholesale Water Meter Construction (Bid 18-15) with Bolder Contractors (316 Cary Point Drive, Cary, IL 60013) in the amount of $1,162,000.00. Funding for will be provided from the Water Fund (Account 513.71.7330.65515 – 717017), which has an FY2018 budget of $1,250,000. The remaining budget is $1,250,000. Evanston will recover the cost of all engineering and construction of the meter vault as 100% of the cost to construct the vault is included in the Morton Grove Niles Water Commission water rate calculation. For Action Ald. Suffredin moved to recommend City Council authorize the City Manager to execute a contract for the Emerson Street Wholesale Water Meter Construction (Bid 18-15) with Bolder Contractors in the amount of $1,162,000.00 and Evanston will recover the cost of all engineering and construction of the meter vault as 100% of the cost to construct the vault is included in the Morton Grove Niles Water Commission water rate calculation, seconded by Ald. Rue Simmons. The Committee voted unanimously 5-0 to approve the contract. (A3.9) Amendment to Contract for the Emerson Street Wholesale Water Meter Engineering Services with Crawford, Murphy & Tilly, Inc. Staff recommends that the City Council authorize the City Manager to execute an Amendment to the contract for the Emerson Street Wholesale Water Meter Engineering Services (RFP 17-36) with Crawford, Murphy & Tilly, Inc. (550 N. Commons Dr., Suite 116, Aurora, IL 60504) to include Engineering Services During Construction in the amount of $149,353.00. Funding for Services during construction will be provided from the Water Fund (Account 513.71.7330.62145 – 717017) which has a FY2018 balance of $131,000. The remaining of the cost is available from savings in the Water Fund Account 513.71.7330.62145 due to projects that were scheduled for 2018 and are delayed, specifically the 36/42 Water Intake Replacement. Evanston will recover the cost of all engineering and construction of the meter vault as 100% of the cost to construct the vault is included in the Morton Grove Niles Water Commission water rate calculation. For Action Ald. Rue Simmons moved to recommend City Council authorize the City Manager to execute an Amendment to the contract for the Emerson Street Wholesale Water Meter Engineering Services (RFP 17-36) with Crawford, Murphy & Tilly, Inc. (550 N. Commons Dr., Suite 116, Aurora, IL 60504) to include Engineering Services During Construction in the amount of $149,353.00 and Evanston will recover the cost of all engineering and construction of the meter vault as 100% of the cost to construct the vault is included in the Morton Grove Niles Water Commission water rate calculation, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to approve the contract amendment. (A3.10) Change Order to the Central Street Bridge Phase I Engineering Contract with Stanley Consultants, Inc. 56 of 629 Staff recommends City Council authorize the City Manager to execute Change Order No. 1 to the Central Street Bridge Phase I Engineering Contract (Bid No. 16-08) with Stanley Consultants, Inc. (850 West Higgins Road, Suite 730, Chicago, IL 60631) in the amount $27,328.59. This will increase the overall contract amount from $438,100 to $465,428.59. Funding will be provided from the 2018 General Obligation Bonds for the Central Street Bridge Engineering Services, which has a budget of $100,000 for this project (Account No. 415.40.4118.62415 – 418012), of which $100,000 is remaining. For Action Ald. Fleming moved to recommend City Council authorize the City Manager to execute Change Order No. 1 to the Central Street Bridge Phase I Engineering Contract (Bid No. 16-08) with Stanley Consultants, Inc. in the amount $27,328.59 increasing the overall contract amount from $438,100 to $465,428.59, seconded by Ald. Rue Simmons. At Ald. Suffredin’s inquiry, Public Works Agency Director Stoneback explained that the change order is a result of meetings with the residents in the area to improve the aestethics of the project. The Committee voted 3-2 with Ald. Fleming and Rue Simmons opposed to approving the change order. (A3.11) Change Order No. 3 to the Agreement with Copenhaver Construction for the Fountain Square Renovations Staff recommends City Council authorize the City Manager to approve Change Order No. 3 to the agreement with Copenhaver Construction (75 Koppie Drive, Gilberts, IL) for the Fountain Square Renovations project which extends the existing contract completion deadline by 29 days from May 1, 2018 to May 30, 2018. For Action Ald. Braithwaite moved to recommend City Council authorize the City Manager to approve Change Order No. 3 to the agreement with Copenhaver Construction for the Fountain Square Renovations project which extends the existing contract completion deadline by 29 days from May 1, 2018 to May 30, 2018, seconded by Ald. Rue Simmons. The Committee voted unanimously 5-0 to approve the change order. (A3.12) Sidewalk Café – Cold Stone Creamery Staff recommends City Council approval of first-time application for a sidewalk café permit for Cold Stone Creamery, an ice cream store located at 1611 Sherman Avenue. The sidewalk café will consist of three picnic tables with six seats each for a seating capacity of eighteen, and will operate Sunday-Thursday 12:00 p.m.–10:00 p.m. and Friday-Saturday 12:00 p.m.–11:00 p.m. For Action Ald. Rainey moved to recommend City Council approval of a first-time application for a sidewalk café permit for Cold Stone Creamery, an ice cream store located at 1611 Sherman Avenue consisting of three picnic 57 of 629 tables with six seats each for a seating capacity of eighteen, and will operate Sunday-Thursday 12:00 p.m.–10:00 p.m. and Friday-Saturday 12:00 p.m.–11:00 p.m., seconded by Ald. Braithwaite. The Committee voted unanimously 5-0 to approve the application. (A3.13) Sidewalk Café – Amanecer Taco Shop Staff recommends City Council approval of first-time application for a sidewalk café permit for Amanecer Taco Shop, A Type 2 restaurant located at 512 Main Street. The sidewalk café will consist of one table with four seats and one table with two seats for a seating capacity of six, and will operate Sunday-Thursday 7:00 a.m.-2:00 p.m. and Friday-Saturday 7:00 a.m.-11:00 p.m. For Action Ald. Suffredin moved to recommend City Council approval of first-time application for a sidewalk café permit for Amanecer Taco Shop, A Type 2 restaurant located at 512 Main Street consisting of one table with four seats and one table with two seats for a seating capacity of six, and will operate Sunday-Thursday 7:00 a.m.-2:00 p.m. and Friday-Saturday 7:00 a.m.-11:00 p.m., seconded by Ald. Rue Simmons. The Committee voted unanimously 5-0 to approve the application. (A3.14) Three Year Sole-Source Service Agreement with Tyler Technologies/New World ERP Staff recommends City Council authorize the City Manager to execute a three year sole-source agreement with Tyler Technologies (P.O. Box 203556, Dallas, TX 75320)/ New World ERP (NW) in the annual amount of $98,609 for financial management and human resources/payroll processes with a $4,000 one-time software fee for a total of $299,827. The new contract includes software support, maintenance, upgrades and hosting. Funding will be from the following: 85% from the IT Fund (Account 100.19.1932.62340), with a current balance is $361,416.63; and 15% from the Water Fund (Account 510.40.4225.62340), with a current balance is $84,810. For Action Ald. Rue Simmons moved to recommend City Council authorize the City Manager to execute a three year sole-source agreement with Tyler Technologies/ New World ERP (NW) in the annual amount of $98,609 for financial management and human resources/payroll processes with a $4,000 one-time software fee for a total of $299,827, which includes software support, maintenance, upgrades and hosting, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to approve the agreement. (A3.15)2018 Fraternal Order of Police Sergeant Union Contract Staff recommends City Council authorize the City Manager to execute a collective bargaining agreement between the City and the Fraternal Order of Police (FOP) Sergeant Union. 58 of 629 For Action Ald. Fleming moved to recommend City Council authorize the City Manager to execute a collective bargaining agreement between the City and the Fraternal Order of Police (FOP) Sergeant Union, seconded by Ald. Rue Simmons. Ald. Fleming asked staff to be aggressive during negotiations with the unions in the midst of the City’s financial problems. The Committee voted 4-1 with Ald. Fleming opposed to approving the agreement. (A3.16)2017-2018 International Association of Fire Fighters Union, Local 742 Contract Staff recommends City Council authorize the City Manager to execute a two-year collective bargaining agreement between the City and the International Association of Fire Fighters Union (IAFF), Local 742. For Action Ald. Braithwaite moved to recommend City Council authorize the City Manager to execute a two-year collective bargaining agreement between the City and the International Association of Fire Fighters Union (IAFF), Local 742, seconded by Ald. Rainey. The Committee voted 3-2 with Alds. Fleming and Suffredin opposed to approving the agreement. (A4) Resolution 21-R-18, A Corporate Resolution Accepting a Grant from Illinois Housing Development Authority’s Abandoned Residential Property Municipal Relief Program Staff recommends City Council adoption of Resolution 21-R-18, accepting a $75,000 Grant from the Illinois Housing Development Authority’s Abandoned Residential Property Municipal Relief Program. For Action Ald. Rainey moved to recommend City Council adopt Ordinance 21-R-18, accepting a $75,000 Grant from the Illinois Housing Development Authority’s Abandoned Residential Property Municipal Relief Program, seconded by Ald. Rue Simmons. The Committee voted unanimously 5-0 to adopt the resolution. (A5) Resolution 20-R-18, Authorizing the Appointment of Chief Financial Officer and City Treasurer for the City of Evanston Staff recommends City Council adopt Resolution 20-R-18, appointing Hitesh Desai as Chief Financial Officer and City Treasurer. For Action Ald. Suffredin moved to recommend City Council adopt Resolution 20-R-18, appointing Hitesh Desai as Chief Financial Officer and City Treasurer, seconded by Ald. Rainey. 59 of 629 The Committee voted unanimously 5-0 to adopt the resolution. (A6) Resolution 23-R-18, Five-Year Loan Agreement with Hip Circle Empowerment Center to Fund Expenses at 727 Howard Street Staff recommends City Council adoption of Resolution 23-R-18, authorizing a five-year loan of $25,000 to Hip Circle Empowerment Center for tenant improvements at 727 Howard Street. The Howard/Ridge Tax Increment Financing Fund (Account 330.99.5860.65509) is the recommended source of funding for the estimated $49,889 construction budget. The City, as landlord, is providing a tenant improvement allowance of $25,000. The remaining $24,889 will be in the form of a loan, and repaid with interest during the first 60 month term of the lease agreement. For Action Ald. Rue Simmons moved to recommend City Council adoption of Resolution 23-R-18, authorizing a five-year loan of $25,000 to Hip Circle Empowerment Center for tenant improvements at 727 Howard Street, seconded by Ald. Braithwaite. Economic Development Manager Paul Zalmezak indicated that there is a correction of the rate per square foot from $18 to $15. At Ald. Fleming’s inquiry, he explained that the cost of the tenant buildout is equivalent to the personal guarantee and can be used as a form of security. The Committee voted unanimously to adopt the resolution. (A7) Ordinance 60-O-18, Five-Year Lease of City-Owned Real Property Located at 727 Howard Street with Hip Circle Empowerment Center Staff recommends City Council adoption of Ordinance 60-O-18, authorizing the City Manager to enter into a five-year lease of City-owned real property located at 727 Howard Street, Evanston, Illinois with Hip Circle Empowerment Center. For tenant improvement allowance component of the lease agreement, staff recommends a total of up to $25,000 from the Howard/Ridge Tax Increment Financing Fund (Account 330.99.5860.65509). An additional build-out loan of $24,889 will also be provided from this account, which Hip Circle Empowerment Center will repay with interest over the five-year lease term. A two-thirds majority of City Council is required to adopt Ordinance 60-O-18. For Introduction Ald. Fleming moved to recommend City Council adopt Ordinance 60-O-18, authorizing the City Manager to enter into a five-year lease of City-owned real property located at 727 Howard Street, Evanston, Illinois with Hip Circle Empowerment Center. For tenant improvement allowance component of the lease agreement, staff recommends a total of up to $25,000 from the Howard/Ridge Tax Increment Financing Fund, seconded by Ald. Braithwaite. The Committee voted unanimously 5-0 to adopt the ordinance. 60 of 629 (A8) Ordinance 57-O-18, Updating Authorized Signatories and Financial Institutions for Deposits/Investments of City Funds Staff recommends City Council adopt Ordinance 57-O-18, adding Hitesh Desai as a depository signature to City accounts. For Introduction Ald. Braithwaite moved to suspend the rules and recommend City Council adopt Ordinance 57-O-18, adding Hitesh Desai as a depository signature to City accounts, seconded by Ald. Rue Simmons. The Committee voted unanimously 5-0 to suspend the rules and adopt the ordinance. (A9) Ordinance 25-O-18, Amending the City Code for the Public Works Agency Staff recommends City Council adopt Ordinance 25-O-18 amending Title 7, Chapter 1 of the Evanston City Code, “Public Works Agency”. The Ordinance also codifies the Block Party permit processes. For Introduction Ald. Rainey moved to recommend City Council adopt Ordinance 25-O-18 amending Title 7, Chapter 1 of the Evanston City Code, “Public Works Agency” and codify the Block Party permit processe, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to adopt the ordinance. (A10) Ordinance 50-O-18, Increasing the Number of Class D Liquor Licenses for Falcon Eddy’s Barbeque located at 825 Church Street Local Liquor Commissioner recommends City Council adoption of Ordinance 50- O-18, amending Evanston City Code Subsection 3-4-6-(D) to increase the number of Class D Liquor Licenses from forty-nine (49) to fifty (50) and permit issuance of a Class D license to Falcon Eddy’s, LLC d/b/a Falcon Eddy’s Barbeque located at 825 Church Street. For Introduction Ald. Fleming moved to suspend the rules and recommend City Council adoption of Ordinance 50-O-18, amending Evanston City Code Subsection 3-4-6-(D) to increase the number of Class D Liquor Licenses from forty-nine (49) to fifty (50) and permit issuance of a Class D license to Falcon Eddy’s, LLC d/b/a Falcon Eddy’s Barbeque located at 825 Church Street, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to suspend the rules and adopt the ordinance. (A11) Ordinance 51-O-18, Increasing the Number of Class F Liquor Licenses for Target Store T0927 located at 2209 Howard St. Local Liquor Commissioner recommends City Council adoption of Ordinance 51- O-18, amending Evanston City Code Subsection 3-4-6-(F) to increase the number of authorized Class F liquor licenses from ten (10) to eleven (11), and 61 of 629 permit issuance of a Class F license to Target Corporation d/b/a Target Store T0927 located at 2209 Howard Street. For Introduction Ald. Suffredin moved to recommend City Council adoption of Ordinance 51-O-18, amending Evanston City Code Subsection 3-4-6-(F) to increase the number of authorized Class F liquor licenses from ten (10) to eleven (11), and permit issuance of a Class F license to Target Corporation d/b/a Target Store T0927 located at 2209 Howard Street, seconded by Ald. Rue Simmons. The Committee voted unanimously 5-0 to adopt the ordinance. (A12) Ordinance 52-O-18, Increasing the Number of Class X Liquor Licenses for Board & Brush Evanston located at 802 Dempster Street Local Liquor Commissioner recommends City Council adoption of Ordinance 52- O-18, amending Evanston City Code Subsection 3-4-6-(X) to increase the number of Class X Liquor Licenses from zero (0) to one (1) and permit issuance of a Class X license to SV Evanston Family, LLC d/b/a Board & Brush Evanston, 802 Dempster Street. Alderman Wilson recommends suspension of the rules for Introduction and Action at the April 23, 2018 City Council meeting. For Introduction and Action Ald. Rue Simmons moved to suspend the rules and recommend City Council adoption of Ordinance 51-O-18, amending Evanston City Code Subsection 3-4-6-(F) to increase the number of authorized Class F liquor licenses from ten (10) to eleven (11), and permit issuance of a Class F license to Target Corporation d/b/a Target Store T0927 located at 2209 Howard Street, seconded by Ald. Braithwaite. The Committee voted unanimously 5-0 to suspend the rules and adopt the ordinance. (A13) Ordinance 53-O-18, Increasing the Number of Class F-2 Liquor Licenses for Binny’s Beverage Depot located at 1111 Chicago Ave. Local Liquor Commissioner recommends City Council adoption of Ordinance 53- O-18, amending Evanston City Code Subsection 3-4-6-(F-2) to increase the number of Class F-2 Liquor Licenses from zero (0) to one (1) and permit issuance of a Class F-2 license to Gold Standard Enterprises, Inc., d/b/a Binny’s Beverage Depot located at 1111 Chicago Avenue. For Introduction Ald. Fleming moved to recommend City Council adoption of Ordinance 53- O-18, amending Evanston City Code Subsection 3-4-6-(F-2) to increase the number of Class F-2 Liquor Licenses from zero (0) to one (1) and permit issuance of a Class F-2 license to Gold Standard Enterprises, Inc., d/b/a Binny’s Beverage Depot located at 1111 Chicago Avenue, seconded by Ald. Braithwaite. The Committee voted unanimously 5-0 to adopt the ordinance. 62 of 629 (A14) Ordinance 54-O-18, Amending City Code Section 3-4-6(F) Eliminating the 500 Foot Restriction From Other Class F Liquor Licenses Local Liquor Commissioner recommends City Council adoption of Ordinance 54- O-18, eliminating the restriction prohibiting Class F liquor licensees to be within five hundred (500) feet from another Class F liquor license establishment. For Introduction Ald. Braithwaite moved to recommend City Council adoption of Ordinance 54-O-18, eliminating the restriction prohibiting Class F liquor licensees to be within five hundred (500) feet from another Class F liquor license establishment, seconded by Ald. Rue Simmons. The Committee voted unanimously 5-0 to adopt the ordinance. (A15) Ordinance 55-O-18, Amending City Code Section 3-4-6(F) Eliminating the 500 Foot Restriction From Other Class F-1 Liquor Licenses Local Liquor Commissioner recommends City Council adoption of Ordinance 55- O-18, eliminating the restriction prohibiting Class F-1 liquor licensees to be within five hundred (500) feet from another Class F-1 liquor license establishment. For Introduction Ald. Fleming moved to recommend City Council adoption of Ordinance 55- O-18, eliminating the restriction prohibiting Class F-1 liquor licensees to be within five hundred (500) feet from another Class F-1 liquor license establishment, seconded by Ald. Braithwaite. The Committee voted unanimously 5-0 to adopt the ordinance. V. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT Ald. Braithwaite moved to adjourn, seconded by Ald. Suffredin. The Committee adjourned at 7:56pm. 63 of 629 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: May 9, 2018 Recommended Action: Staff recommends approval of the City of Evanston Payroll and Bills List. Summary: Payroll – April 2, 2018 through April 15, 2018 $ 2,771,899.38 (Payroll includes employer portion of IMRF, FICA, and Medicare) Payroll – April 16, 2018 through April 29, 2018 $ 3,193,928.62 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – May 15, 2018 $ 4,156,673.45 General Fund Amount – Bills list $444,557.54 TOTAL AMOUNT OF BILLS LIST & PAYROLL $10,122,501.45 *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. Bank of America February 2018 Credit Card Activity (items held at April 23 City Council meeting) $ 1,716.90 Attachments: Bills List City Clerk February Credit Card Transactions For City Council meeting of May 14, 2018 Items A1 /A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 64 of 629 CITY OF EVANSTON BILLS LIST PERIOD ENDING 05.15.2018 100 GENERAL FUND 100 GENRAL SUPPORT 21639 EYE MED VISION CARE EYEMED MONTHLY INVOICE 4,290.15 21640 GUARDIAN GUARDIAN MONTHLY FEE 18,569.80 21640 METLIFE SMALL BUSINESS CENTER METLIFE DENTAL MONTHLY INVOICE 20,491.54 21650 NATIONAL GUARDIAN LIFE INSURANCE CO. NGL MONTHLY INVOICE 193.85 41420 CITY OF EVANSTON - PETTY CASH PETTY CASH - N.E.T.2,500.00 100 GENRAL SUPPORT Total 46,045.34 1400 CITY CLERK 62457 MUNICIPAL CODE CORPORATION ADMINISTRATIVE SUPPORT FEE 475.00 65175 HANNAH BESS ROSS SNAPCHAT FILTER GRAPHIC 637.50 1400 CITY CLERK Total 1,112.50 1505 CITY MANAGER 62295 RICHARDSON, KIMBERLY REIMBURSEMENT: NAT'L FORUM BLACK ADMIN 1,119.88 62360 INTERNATIONAL CITY/COUNTY MGMT ASSOC. ICMA MEMBERSHIP DUES - KIMBERLY RICHARDSON 200.00 62360 NATIONAL FORUM FOR BLACK PUBLIC NFBPA MEMBERSHIP - KIMBERLY RICHARDSON 225.00 64540 AT & T MOBILITY *COMMUNICATION CHARGES 129.72 1505 CITY MANAGER Total 1,674.60 1510 PUBLIC INFORMATION 62205 CHICAGO'S NORTH SHORE CONVENTION & WORLD ARTS FESTIVAL ADVERTISING 250.00 62210 ON TRACK FULFILLMENT INC.NEW RESIDENT POSTCARD 608.50 62490 MULTILINGUAL CONNECTIONS LLC HEALTH AND HUMAN SERVICES - TRANSLATION OF 4 FORMS 184.86 62490 LANGUAGE LINE SERVICES TRANSLATION SERVICES 11.62 1510 PUBLIC INFORMATION Total 1,054.98 1555 FINANCIAL ADMINISTRATION 62185 GOV TEMPS USA, LLC TEMPORARY OFFICE STAFF - FINANCE DIVISION THRU 1/28/18 2,352.00 62185 GOV TEMPS USA, LLC TEMPORARY OFFICE STAFF - FINANCE DIVISION THRU 2/11/18 1,344.00 62185 GOV TEMPS USA, LLC TEMPORARY OFFICE STAFF - FINANCE DIVISION THRU 2/25/18 1,344.00 62185 GOV TEMPS USA, LLC TEMPORARY OFFICE STAFF - FINANCE DIVISION THRU 2/4/18 2,310.00 65095 OFFICE DEPOT OFFICE SUPPLIES 139.53 1555 FINANCIAL ADMINISTRATION Total 7,489.53 1560 REVENUE & COLLECTIONS 51600 SARAH FUDGE PARKING LOT PERMIT REFUND 12.00 51600 RACHAEL BISNETT MOVING OUT OF STATE - 2 LOT 32 SPACES 48.00 61060 ACCOUNTING PRINCIPALS SEASONAL HIRE 3,437.50 62315 PITNEY BOWES POSTAGE METER REFILL 8,109.99 65095 OFFICE DEPOT OFFICE SUPPLIES 17.25 1560 REVENUE & COLLECTIONS Total 11,624.74 1570 ACCOUNTING 62110 SIKICH LLP *AUDIT PROGRESS FOR YE 2017 12,000.00 62280 FEDERAL EXPRESS CORP.OVERNIGHT SHIPPING CHARGES 20.00 1570 ACCOUNTING Total 12,020.00 1575 PURCHASING 65095 OFFICE DEPOT OFFICE SUPPLIES 61.87 1575 PURCHASING Total 61.87 1580 COMMUNITY ARTS 66040 VANESSA FILLEY PHOTOGRAPHY ARTS COUNCIL FUNDING AWARD TO ARTIST 1,000.00 1580 COMMUNITY ARTS Total 1,000.00 1705 LEGAL ADMINISTRATION 62130 WEST GROUP PAYMENT CTR LEGAL SERVICES SUBSCRIPTION 917.51 62509 SUSAN D BRUNNER HEARING OFFICER 2,660.00 62509 JEFFREY D. GREENSPAN HEARING OFFICER 1,740.00 62509 MITCHELL C. EX HEARING OFFICER 2,235.00 65095 OFFICE DEPOT OFFICE SUPPLIES 8.53 1705 LEGAL ADMINISTRATION Total 7,561.04 1929 HUMAN RESOURCE DIVISION 62160 ERGOMETRICS ERGO METRICS ANNUAL LICENSE RENEWAL-TESTING SERVICES 126.00 62274 STANARD & ASSOCIATES STANDARD & ASSOC. FIREFIGHTER HIRING 6,196.49 62310 JOYCE MARTER ENTERPRISES, INC.CITYWIDE TRAINING-LUNCH & LEARN JOYCE MARTER ENTERPRISES 500.00 62509 PHOTOFAX, INC.EMPLOYEE MONITORING-PHOTO FAX INC.2,758.32 62509 PHOTOFAX, INC.PHOTO FAX- EMPLOYEE MONITORING 1,151.12 62509 ESPYR EAP CONSULTING SERVICES-MONTHLY INVOICE 658.80 1929 HUMAN RESOURCE DIVISION Total 11,390.73 1932 INFORMATION TECHNOLOGY DIVI. 62380 XEROX CORP.COPIER CHARGES 250.16 62380 CHICAGO OFFICE TECHNOLOGY GROUP COPIER CHARGES 790.44 64505 AT & T COMMUNICATION CHARGES 298.22 64505 CALL ONE COMMUNICATION CHARGES 9,953.82 65555 EVERBRIDGE, INC.MASS NOTIFICATION SOFTWARE RENEWAL 15,000.00 65615 COMMUNICATIONS REVOLVING FUND WEB SITE CHARGES 450.00 1932 INFORMATION TECHNOLOGY DIVI. Total 26,742.64 1941 PARKING ENFORCEMENT & TICKETS 52505 WILLIAM CUMMINGS REFUND: PARKING TICKET 60.00 52505 NEDJELJKO VASILJEVIC REFUND: PARKING TICKET 40.00 62451 NORTH SHORE TOWING IMMOBILIZATION PROGRAM 2,780.00 1941 PARKING ENFORCEMENT & TICKETS Total 2,880.00 1950 FACILITIES 62225 COMCAST CABLE CABLE CHARGES 109.62 62295 NORH ROBINSON III ELECTRICAL LICENSE REIMBURSEMENT 200.00 62425 LIFTOMATIC ELEVATOR, INC ELEVATOR SERVICES MAY 2018-APR 2019 1,998.00 62509 SCHNEIDER ELECTRIC BUILDINGS AMERICA 2018 HVAC BAS FOR MULTIPLE FACILITIES 6,783.00 62509 TYCO INTEGRATED SECURITY LLC ALARM SERVICE CHURCH ST. GARAGE MAY-JUL 2018 212.00 62509 H-O-H WATER TECHNOLOGY 2018 CHEMICAL WATER TREATMENT FOR HVAC EQUIPMENT 4,416.00 62509 ECO-CLEAN MAINTENANCE 2018 JANITORIAL CLEANING SERVICES 6,133.00 62518 ALARM DETECTION SYSTEMS, INC.ALARM SERVICES ANIMAL SHELTER MAY-JUL 2018 174.54 64005 COMED UTILITIES COMED 1,622.00 64015 NICOR UTILITIES NICOR 153.86 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 1,623.01 65050 MARK VEND COMPANY COFFEE AND SUPPLIES 483.56 65050 MARK VEND COMPANY REFUND: INCORRECT COFFEE ORDER -142.28 1950 FACILITIES Total 23,766.31 2205 POLICE ADMINISTRATION 62210 THE PRINTED WORD, INC.BUSINESS CARDS 30.00 62272 NORTHERN ILLINOIS POLICE ALARM SYSTEM LANGUAGE LINE 49.40 62272 PUBLIC ENGINES, INC. DBA CRIME REPORTS ANNUAL SUBSCRIPTION - TEXT A TIP 2,299.00 165 of 629 CITY OF EVANSTON BILLS LIST PERIOD ENDING 05.15.2018 62272 WILD CROW COMMUNICATION, INC PROFESSIONAL SERVICES - APRIL 340.00 62272 CENTER OF POLICE PSYCHOLOGICAL SERVICES FITNESS FOR DUTY 3,300.00 62360 ICPC REGION 4 RTS ANNUAL MEMBERSHIP - POLICE CHAPLAINS 125.00 62490 CITY OF EVANSTON PETTY CASH PETTY CASH - ADMINISTRATION 20.43 62490 NATIONAL AWARDS & FINE GIFTS PLAQUES & NAMEPLATE 185.00 62490 NATIONAL AWARDS & FINE GIFTS RETIREES SHADOW BOXES 872.00 62770 NORTHWESTERN UNIVERSITY POLICE DEPT.BODY CAMERA GRANT REIMBURSEMENT 34,765.32 64540 VERIZON WIRELESS COMMUNICATION CHARGES MAR 248.10 65020 J. G. UNIFORMS, INC UNIFORM 196.00 65020 VCG UNIFORM UNIFORM 75.90 2205 POLICE ADMINISTRATION Total 42,506.15 2210 PATROL OPERATIONS 62490 EVANSTON FUNERAL & CREMATION BODY REMOVAL 1,749.00 62490 LAUNDRY WORLD LAUNDRY SERVICE - PRISONER BLANKETS 210.00 62490 ILLINOIS TOLLWAY TOLLS 338.85 62490 ANTHONY SOSA REIMBURSEMENT - K9 RONY ANIMAL HOSPITAL 317.56 65125 MEDLINE INDUSTRIES GLOVES/SUPPLIES 615.20 2210 PATROL OPERATIONS Total 3,230.61 2240 POLICE RECORDS 62770 SECURE OUTCOMES LIVESCANS - WARRANTY 1,731.00 62770 IDENTISYS SERVICE AGREEMENT - BADGE PASS SOFTWARE 250.00 2240 POLICE RECORDS Total 1,981.00 2251 311 CENTER 64505 AT & T *311 SERVICE 402.36 2251 311 CENTER Total 402.36 2260 OFFICE OF ADMINISTRATION 62295 KLEINPASTE, JASON MEALS/TRAINING - BASIC NARCOTICS INV.75.00 62295 COLLEGE OF DUPAGE TRAINING- MANUAL BREACHING 250.00 62295 GEYER, MIKHAIL MEALS/TRAINING 75.00 62295 EVANSTON ATHLETIC CLUB HEALTH CLUB USAGE - APRIL 2018 333.25 62295 CITY OF EVANSTON PETTY CASH PETTY CASH - ADMINISTRATION 425.01 62295 NORTH EAST MULTI-REGIONAL TRAINING INC ANNUAL MEMBERSHIP - TRAINING 11,875.00 62295 NORTHWEST POLICE ACADEMY TRAINING - RECENT CASE LAW 25.00 62295 RUST, BRIAN MEALS/TRAINING - SIMULATION SCENARIO 45.00 62295 COLLIER, MELVIN TRAINING/TRAVEL - BELOW 100 SYMPOSIUM 86.00 62295 NORTHWESTERN UNIVERSITY CENTER FOR PUBLIC SAFTEY TRAINING - PEDESTRIAN/BICYCLE CRASH RECONSTRUCTION 925.00 62295 TRI-RIVER POLICE TRAINING REGION TRAINING - FIREARMS INSTRUCTOR 400.00 62295 PATRICK WOZNIAK TRAINING/MEALS CHURCH SECURITY & INTRUDER RESPONSE 100.00 62295 JOHNSON, RANDOM MEALS/TRAINING - DRUGGED DRIVER DETECTION 45.00 62295 POGORZELSKI, PAULINE MEALS/TRAINING - BASIC NARCOTICS INV.75.00 62295 MANUEL VASQUEZ MEALS/TRAINING - CRISIS INTERVENTION TEAM 75.00 62295 JACLYN RODEN MEALS/TRAINING - CRISIS INTERVENTION TEAM 75.00 62295 BRANDON MARX MEALS/TRAINING - CRISIS INTERVENTION TEAM 75.00 62295 MICHAEL MANGAS MEALS/TRAINING - CRISIS INTERVENTION TEAM 75.00 62295 ALICE TRAINING INSTITUTE LLC TRAINING - ALICE INSTRUCTOR CERTIFICATION 5,950.00 62295 WILLIAM ARZUAGA TRAINING/MEALS CHURCH SECURITY & INTRUDER RESPONSE 100.00 62295 EWA BONISLAWSKI MEALS/TRAINING - DRUGGED DRIVER DETECTION 45.00 65095 OFFICE DEPOT OFFICE SUPPLIES - POLICE ADMIN 255.63 2260 OFFICE OF ADMINISTRATION Total 21,384.89 2270 TRAFFIC BUREAU 62451 NORTH SHORE TOWING TOW & HOOK - CLEANUP 20.00 65120 HAVEY COMMUNICATIONS INC.TRAFFIC UNIT MOTORCYCLE SAFETY LIGHTS 4,377.60 65120 DIGITAL ALLY, INC.SPEED LIDAR - TRAFFIC BUREAU #001-00200-00 2,010.00 65125 SUNG HYUN PARK TOW REFUND 555.00 2270 TRAFFIC BUREAU Total 6,962.60 2280 ANIMAL CONTROL 62225 ANDERSON PEST CONTROL PEST CONTROL - ANIMAL SHELTER 58.14 2280 ANIMAL CONTROL Total 58.14 2285 PROBLEM SOLVING TEAM 62490 CITY OF EVANSTON PETTY CASH PETTY CASH - ADMINISTRATION 21.01 62490 LOUIS W. GERGITS REIMBURSEMENT - THEATRE TICKETS FOR OFFICER & GENTLEMAN 104.39 62490 RAMSAY, OZZIE OFFICER & GENTLEMAN PHOTOS 150.00 2285 PROBLEM SOLVING TEAM Total 275.40 2291 PROPERTY BUREAU 65125 B&H PHOTO VIDEO EVIDENCE SUPPLIES 267.68 65125 SAFARILAND, LLC PROPERTY SUPPLIES 96.97 65125 ECPI/ARROWHEAD FORENSIC PRODUCTS FORENSICS SUPPLIES 149.65 65125 ULINE PROPERTY SUPPLIES 202.82 2291 PROPERTY BUREAU Total 717.12 2295 BUILDING MANAGEMENT 62225 COLLEY ELEVATOR CO.ELEVATOR INSPECTION 188.00 62225 HENRICHSEN FIRE & SAFETY FIRE EQUIPMENT MAINTENANCE 422.30 62225 AMERICAN BUILDING SERVICES KEY FOB DOOR SYSTEM 2,837.90 62225 ECO-CLEAN MAINTENANCE 2018 JANITORIAL CLEANING SERVICES 2,925.00 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 842.05 65125 GRAINGER, INC., W.W.LIGHT BULBS 75.50 65125 DUSTCATCHERS, INC.FLOOR MATS 93.50 2295 BUILDING MANAGEMENT Total 7,384.25 2305 FIRE MGT & SUPPORT 62360 ILLINOIS FIRE CHIEFS ASSOCIATION PROF MEMBERSHIP 40.00 64540 VERIZON WIRELESS COMMUNICATION CHARGES MAR 190.05 65020 TODAY'S UNIFORMS INC.UNIFORMS 1,690.10 65050 HASTINGS AIR-ENERGY CONTROL EXHAUST REPAIR 258.95 65095 OFFICE DEPOT OFFICE SUPPLIES 47.99 65125 COMCAST CABLE DIGITAL ADAPTER 15.79 2305 FIRE MGT & SUPPORT Total 2,242.88 2310 FIRE PREVENTION 62295 ILLINOIS FIRE INSPECTORS ASSOCIATION OFFICER TRAINING 450.00 62295 ILLINOIS FIRE INSPECTORS ASSOCIATION TRAINING 60.00 2310 FIRE PREVENTION Total 510.00 2315 FIRE SUPPRESSION 53675 ANDRES MEDICAL BILLING AMBULANCE SERVICES - MARCH 2018 10,365.91 62430 ECO-CLEAN MAINTENANCE 2018 JANITORIAL CLEANING SERVICES 570.00 62522 AIR ONE EQUIPMENT REPAIR PARTS 216.00 65015 PRAXAIR DISTIBUTION INC EMS OXYGEN 427.29 65015 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 589.17 65625 WORLDPOINT ECC, INC.CITIZEN CPR 302.06 2315 FIRE SUPPRESSION Total 12,470.43 266 of 629 CITY OF EVANSTON BILLS LIST PERIOD ENDING 05.15.2018 2435 FOOD AND ENVIRONMENTAL HEALTH 62210 ALLEGRA PRINT & IMAGING PRINTING BUSINESS CARDS 39.00 62210 MINUTEMAN PRESS PRINTING DOOR HANGERS 239.20 62472 IDEXX DISTRIBUTION, INC.BEACH WATER PROGRAM SUPPLIES 4,906.56 62474 ORACLE AMERICA, INC.SOFTWARE ACCESS 21,277.58 62474 GOVSENSE, LLC TEMPORARY STAFF 541.10 62477 ALLEGRA PRINT & IMAGING PRINTING BUSINESS CARDS 39.00 62477 GAURAV GAONKAR REIMBURSEMENT-NACCHO TRAINING EXPENSES 304.55 62477 CINTAS CORPORATION #2 FIRST AID SUPPLIES 38.49 62493 TEPIC LANDSCAPING, INC.REMOVAL & PROPER DISPOSAL OF RUBBISH AND CLEAN LOT 2,100.00 62605 ROSE PEST SOLUTIONS RODENT CONTROL MAY 2018 6,240.00 65020 VCG UNIFORM INSPECTOR UNIFORM 192.70 65075 FINEST COURIER LOGISTICS COURIER SERVICES TO IDPH 140.00 2435 FOOD AND ENVIRONMENTAL HEALTH Total 36,058.18 2440 VITAL RECORDS 62490 IL DEPT OF PUBLIC HEALTH CERTIFIED DEATH CERTIFICATES 976.00 2440 VITAL RECORDS Total 976.00 2455 COMMUNITY HEALTH 62371 MINUTEMAN PRESS WOW BANNER 50.00 62490 ETHS REIMBURSEMENT FOR PHARMACEUTICALS 7,018.21 2455 COMMUNITY HEALTH Total 7,068.21 3010 REC. BUSINESS & FISCAL MGMT 65095 OFFICE DEPOT OFFICE SUPPLIES 131.00 3010 REC. BUSINESS & FISCAL MGMT Total 131.00 3025 PARK UTILITIES 64005 COMED UTILITIES COMED 664.44 64015 NICOR UTILITIES NICOR 197.44 3025 PARK UTILITIES Total 861.88 3030 CROWN COMMUNITY CENTER 62210 ALLEGRA PRINT & IMAGING BUSINESS CARDS 78.00 62505 GARY KANTOR MAGIC INSTRUCTOR 224.00 65025 EVANSTON TOWNSHIP HIGH SCHOOL PRESCHOOL LUNCHES 5,024.92 3030 CROWN COMMUNITY CENTER Total 5,326.92 3035 CHANDLER COMMUNITY CENTER 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 34.32 62506 NORTHWESTERN UNIVERSITY NORTHWESTERN WORK-STUDY 990.69 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 400.73 65095 OFFICE DEPOT OFFICE SUPPLIES 104.32 65110 SPIETH ANDERSON USA, INC.CLAMPS FOR UNEVEN BARS 345.00 3035 CHANDLER COMMUNITY CENTER Total 1,875.06 3040 FLEETWOOD JOURDAIN COM CT 61011 WILMETTE BICYCLE & SPORT SHOP INC SIX BASKETBALLS 350.73 62225 STA-KLEEN INC.MONTHLY CLEANING STOVE BAFFLE WITH CLIPS 41.00 62225 SUPERIOR INDUSTRIAL SUPPLY SPECTACULOSO, DEGREASER, AND DISINFECTANT LITERS.237.97 62225 SUPERIOR INDUSTRIAL SUPPLY WAVEBRAKE BUCKET/WRINGER COMBO YELLOW 157.30 62225 CINTAS CORPORATION #769 MONTHLY MAT SERVICE 138.75 62225 CINTAS CORPORATION #769 MONTHLY MAT SERVICE 138.75 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 118.79 62505 NIBRA A. WHITE FITNESS INSTRUCTOR FOR FLEETWOOD JOURDAIN CENTER 250.00 62511 COMCAST CABLE CABLE CHARGES 100.65 62525 SMIGO MANAGEMENT GROUP DBA HOFFMAN HOUSE CATERING CATERING SENIORS LUNCHES ON WEDNESDAYS 636.40 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORAL SUPPLIES 190.10 65050 KC FITNESS SERVICE MAINTENANCE SERVICE ON FITNESS EQUIPMENT 354.21 3040 FLEETWOOD JOURDAIN COM CT Total 2,714.65 3050 RECREATION OUTREACH PROGRAM 62495 ANDERSON PEST CONTROL PEST MANAGEMENT 52.44 3050 RECREATION OUTREACH PROGRAM Total 52.44 3055 LEVY CENTER SENIOR SERVICES 61062 JESUS SAVES SECURITY & INVESTIGATIONS AGENCY, LLC PRIVATE RENTAL 120.00 62210 ALLEGRA PRINT & IMAGING LEVY NEWSLETTER 669.00 62245 BILTMORE REFRIGERATION SERVICE AND SALES REPAIR ICE MACHINE 265.00 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 51.46 62505 RICHMOND, PHYLLIS INSTRUCTOR ALEXANDER TECHNIQUE 210.00 65025 TAGS BAKERY PASTRIES 212.70 65025 SMIGO MANAGEMENT GROUP DBA HOFFMAN HOUSE CATERING CONGREGATE MEAL LEVY 2,442.10 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES - LEVY 555.70 65095 OFFICE DEPOT OFFICE SUPPLIES 81.05 66461 SS1 COMMUNICATIONS (SUSAN L. SMITH)*PHOTOGRAPHY: AGING WELL CONFERENCE 400.00 3055 LEVY CENTER SENIOR SERVICES Total 5,007.01 3065 BOAT RAMP-CHURCH ST 65045 ENVIRONMENTAL SERVICES FIRM, INC.WATER TESTING 1,625.00 65050 BELL FUELS INC.GENERATOR 538.84 65050 BELL FUELS INC.UNDER GROUND STRG GENARATOR 590.66 3065 BOAT RAMP-CHURCH ST Total 2,754.50 3080 BEACHES 62495 ANDERSON PEST CONTROL PEST MANAGEMENT 52.45 65020 EVANSTON IMPRINTABLES T SHIRTS 358.95 65040 SUPERIOR INDUSTRIAL SUPPLY SUPPLIES 616.08 65070 MIDWEST TIME RECORDER TIME CLOCK 170.00 65095 OFFICE DEPOT OFFICE SUPPLIES 89.90 3080 BEACHES Total 1,287.38 3095 CROWN ICE RINK 62210 GRACE PRINTING & MAILING POSTER 75.00 62245 JORSON & CARLSON ICE SCRAPER MAINTENANCE 35.01 62251 TOTAL MECHANICAL SOLUTIONS, LLC COMPRESSOR 3 MAINTENANCE 1,623.24 62251 TOTAL MECHANICAL SOLUTIONS, LLC MACHINE MAINTENANCE 700.00 62490 LAKE CITY CLEANERS STAGE CURTINS 800.00 62490 LITRONICX LTD EQUIPTMENT RENTAL 5,215.00 62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 81.37 62505 DELAYON MORRIS HOCKEY COACH 250.00 62505 JIMMY KAHN HOCKEY COACH 350.00 62505 GARRETT MUNSKI HOCKEY COACH 350.00 62505 D.I.M.E.PUBLIC SKATE DJ 1,050.00 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLY 632.11 65095 OFFICE DEPOT OFFICE SUPPLIES 207.55 367 of 629 CITY OF EVANSTON BILLS LIST PERIOD ENDING 05.15.2018 65110 ILLINOIS PAPER DBA IMPACT NETWORKING LLC OFFICE PAPER SUPPLY 192.00 65110 GAND MUSIC AND SOUND SPEAKERS 64.75 3095 CROWN ICE RINK Total 11,626.03 3100 SPORTS LEAGUES 62495 ANDERSON PEST CONTROL PEST MANAGEMENT 95.85 65110 ALLEGRA PRINT & IMAGING FOOD TRUCK SIGN 400.00 65110 BSN SPORTS ANCHOR PLUGS 162.50 65110 CONSERV FS HOME PLATES 268.50 65110 CONSERV FS TURF DELIVERY 1,038.75 65110 VAN'S ENTERPRISES LTD ATHLETIC FIELD PAINT 2,523.00 3100 SPORTS LEAGUES Total 4,488.60 3215 YOUTH ENGAGEMENT DIVISION 62490 THE CHICAGO SCHOOL OF PROFESSIONAL PSYCHOLOGY MSYEP MENTAL HEALTH AWARENESS WORKSHOPS 6,340.00 3215 YOUTH ENGAGEMENT DIVISION Total 6,340.00 3225 GIBBS-MORRISON CULTURAL CENTER 62495 ANDERSON PEST CONTROL PEST CONTROL SERVICE 58.85 62509 RUSSELL WINE STUDIO ENGINEER 262.50 62518 TYCO INTEGRATED SECURITY LLC ALARM SERVICE 137.08 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 222.28 3225 GIBBS-MORRISON CULTURAL CENTER Total 680.71 3605 ECOLOGY CENTER 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 71.47 62505 CIGAN, LILY YOGA PROGRAM INSTRUCTOR 756.00 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES - ECOLOGY 236.68 3605 ECOLOGY CENTER Total 1,064.15 3710 NOYES CULTURAL ARTS CENTER 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 46.07 3710 NOYES CULTURAL ARTS CENTER Total 46.07 3720 CULTURAL ARTS PROGRAMS 62205 CHICAGO'S NORTH SHORE CONVENTION WORLD ARTS FESTIVAL ADVERTISING 250.00 62506 NORTHWESTERN UNIVERSITY WORK-STUDY PAYMENT 714.75 62511 MARK MILLER WAMF PERFORMANCE DEPOSIT 2,000.00 3720 CULTURAL ARTS PROGRAMS Total 2,964.75 4105 PUBLIC WORKS AGENCY ADMIN 52126 ACCURATE PAVING REFUND: RIGHT OF WAY PERMIT 100.00 52130 MONTE LEVINSON NOT PART OF PERMIT REQUIRED DISTRICT 15.00 65090 CINTAS FIRST AID & SUPPLY FIRST AID CABINET FORESTRY 47.94 65090 CINTAS FIRST AID & SUPPLY FIRST AID CABINETS 99.70 618024 65503 FORWARD SPACE LLC D/B/A OFFICE POLICE DEPTARTMENT OFFICE CHAIRS 1,662.32 618024 65503 FORWARD SPACE LLC D/B/A OFFICE RECEPTION AREA CHAIR FOR LEVY CENTER 769.16 4105 PUBLIC WORKS AGENCY ADMIN Total 2,694.12 4320 FORESTRY 62385 ARTS & LETTERS LTD.DIVISION PARKING SIGNS 1,080.00 65005 DES PLAINES MATERIAL & SUPPLY LLC TOP SOIL 1,380.00 65090 RUSSO POWER EQUIPMENT SHOP GLOVES 15.00 4320 FORESTRY Total 2,475.00 4330 GREENWAYS 62199 GROVER WELDING COMPANY STOCK METAL 370.15 62199 HOWARD L. WHITE & ASSOCIATES. INC.LAKEFRONT PARK BENCHES 4,849.00 65005 CONSERV FS GRADEN FERTILIZER 216.36 65005 LURVEY LANDSCAPE SUPPLY CIVIC CENTER POTS 302.50 65005 LURVEY LANDSCAPE SUPPLY CIVIC CENTER SOD 80.70 65005 LURVEY LANDSCAPE SUPPLY FIRE STATION ART PROJECT 171.60 65005 LURVEY LANDSCAPE SUPPLY PLANTING JAMES PARK 285.00 65005 LURVEY LANDSCAPE SUPPLY ROTARY GRADEN TREE EARTH DAY 115.00 65005 NATIONAL SEED GRASS SEED 459.00 65005 MIDWEST GROUNDCOVERS PLANTS ARRINGTON LAGOON 845.91 65005 MIDWEST GROUNDCOVERS PLANTS CHI CAL 842.38 65005 MIDWEST GROUNDCOVERS PLANTS FIRE STATION 1 266.00 65005 MIDWEST GROUNDCOVERS PLANTS FIRE STATION I 304.00 65005 MIDWEST GROUNDCOVERS PLANTS FOR TRAFFIC CIRCLES 3,379.86 65005 MIDWEST GROUNDCOVERS PLANTS JAMES PARK 85.90 65005 MIDWEST GROUNDCOVERS PLANTS TWIGGS PARK 134.30 65085 RUSSO POWER EQUIPMENT GREENWAYS SHOP TOOLS 233.70 65085 RUSSO POWER EQUIPMENT SMALL EQUIPMENT REPLACEMENT 638.00 65085 MIDWEST TRADING MINOR TOOLS 12.35 65085 EMERGENT SAFETY SUPPLY SAFETY SUPPLIES 93.96 65085 MATTHEW KOZEM 21" DRAIN HEAD 690.00 4330 GREENWAYS Total 14,375.67 4400 CAPITAL PLANNING & ENGINEERING 62315 FEDERAL EXPRESS CORP.OVERNIGHT SHIPPING CHARGES 16.43 64545 DLT SOLUTIONS 2018 ANNUAL MAINTENANCE FEES FOR AUTODESK LICENSES 9,192.40 4400 CAPITAL PLANNING & ENGINEERING Total 9,208.83 4520 TRAF. SIG.& ST LIGHT MAINT 65070 ELCAST LIGHTING STREET LIGHT FIXTURE REPAIR 3,000.00 65115 VULCAN INC.VARIOUS ALUMINUM TRAFFIC SIGN BLANKS 14,052.75 4520 TRAF. SIG.& ST LIGHT MAINT Total 17,052.75 4550 MAINT-SNOW & ICE 65015 MORTON SALT 2018 BULT ROCK SALT PURCHASE 47,006.00 4550 MAINT-SNOW & ICE Total 47,006.00 5300 ECON. DEVELOPMENT 65522 LINMAY STUDIO *STOREFRONT MODERNIZATION PROGRAM 443.90 65522 NATURE'S PERSPECTIVE LANDSCAPING CENTRAL STREET SPRING ROTATION 1,920.00 65522 HERRERA LANDSCAPE SNOW REMOVAL, INC 2018 PLANTERS FOR BUSINESS DISTRICTS 3,507.62 5300 ECON. DEVELOPMENT Total 5,871.52 100 GENERAL FUND Total 444,557.54 176 HEALTH AND HUMAN SERVICES 4651 HEALTH & HUMAN SERVICES 62491 PRESENCE BEHAVIORAL HEALTH MENTAL HEALTH CRISIS WORKER MAY2018 6,111.08 62491 PRESENCE BEHAVIORAL HEALTH MENTAL HEALTH SOCIAL WORKER MAY2018 5,833.34 4651 HEALTH & HUMAN SERVICES Total 11,944.42 176 HEALTH AND HUMAN SERVICES Total 11,944.42 468 of 629 CITY OF EVANSTON BILLS LIST PERIOD ENDING 05.15.2018 205 EMERGENCY TELEPHONE (E911) FUND 5150 EMERGENCY TELEPHONE SYSTM 64505 AT & T COMMUNICATION CHARGES 159.10 64540 VERIZON WIRELESS COMMUNICATION CHARGES MAR 2,533.53 5150 EMERGENCY TELEPHONE SYSTM Total 2,692.63 205 EMERGENCY TELEPHONE (E911) FUND Total 2,692.63 240 HOME FUND 5430 HOME FUND 65535 CONNECTIONS FOR THE HOMELESS TBRA VOUCHER 17,004.52 5430 HOME FUND Total 17,004.52 240 HOME FUND Total 17,004.52 250 AFFORDABLE HOUSING FUND 5465 AFFORDABLE HOUSING 62490 ANCEL,GLINK,DIAMOND,BUSH,DICIANNI & KRAFTHEFER, P. NCB LEGAL SERVICES 4,143.48 5465 AFFORDABLE HOUSING Total 4,143.48 250 AFFORDABLE HOUSING FUND Total 4,143.48 330 HOWARD-RIDGE TIF FUND 5860 HOWARD RIDGE TIF 64015 NICOR UTILITIES NICOR 327.85 5860 HOWARD RIDGE TIF Total 327.85 330 HOWARD-RIDGE TIF FUND Total 327.85 415 CAPITAL IMPROVEMENTS FUND 4116 2016 BOND PROJECTS 616020 62145 TESKA ASSOCIATES, INC.GIBBS MORRISON SITE IMPROVEMENTS 410.80 4116 2016 BOND PROJECTS Total 410.80 4117 2017 GO BOND ISSUANCE 516002 62145 ILLINOIS ENVIRONMENTAL PROTECTION AGENCY * WATER QUALITY CERTIFICATION 5,000.00 616020 62145 TESKA ASSOCIATES, INC.GIBBS MORRISON SITE IMPROVEMENTS 1,040.00 616031 62145 MIDWEST ENVIRONMENTAL CONSULTING SERVICE ASBESTOS ABATEMENT AT HARLEY CLARKE MANSION 1,461.80 418002 62145 HAMPTON, LENZINI AND RENWICK, INC.2018 CIP TOPOGRAPHIC SURVEYING 15,269.15 616007 65515 CENTRAL LAKES CONSTRUCTION CO. INC.FLEETWOOD JOURDAIN CENTER HVAC & ELECTRICAL IMPRVS 131,577.00 617002 65515 AMBER MECHANICAL CONTRACTORS, INC.CHANDLER-NEWBERGER ELECTRICAL & HVAC 65,000.00 4117 2017 GO BOND ISSUANCE Total 219,347.95 4118 2018 GO BOND CAPITAL 518002 62205 QUARTET COPIES DIGITAL PRINTING 224.04 616007 65515 CENTRAL LAKES CONSTRUCTION CO. INC.FLEETWOOD JOURDAIN CENTER HVAC & ELECTRICAL IMPRVS 145,027.00 418022 65515 TRAFFIC CONTROL & PROTECTION, INC.IN STREET 'STOP FOR PEDESTRIAN" SIGNS 3,305.25 617002 65515 AMBER MECHANICAL CONTRACTORS, INC.CHANDLER-NEWBERGER ELECTRICAL & HVAC 10,779.00 617023 65515 MONSON NICHOLAS, INC.SERVICE CENTER PARKING DECK RESTORATION 61,865.89 4118 2018 GO BOND CAPITAL Total 221,201.18 4217 2017 CIP OTHER FUNDING SOURCE 617002 62145 CLARK DIETZ, INC.CHANDLER-NEWBERGER CENTER HVAC&ELECTRICAL IMPROVEMENTS 1,403.00 617016 62145 ROSS BARNEY ARCHITECTS HOWARD ST. THEATER DESIGN 28,679.25 516004 65515 COPENHAVER CONSTRUCTION FOUNTAIN SQUARE RENOVATIONS 293,945.85 617002 65515 AMBER MECHANICAL CONTRACTORS, INC.CHANDLER-NEWBERGER ELECTRICAL & HVAC 301,978.00 4217 2017 CIP OTHER FUNDING SOURCE Total 626,006.10 4218 NON-BOND CAPITAL, 2018 617016 65515 STRUCTURES CONSTRUCTION LLC HOWARD ST THEATRE CONSTRUCTION CONTRACT 71,224.20 4218 NON-BOND CAPITAL, 2018 Total 71,224.20 415 CAPITAL IMPROVEMENTS FUND Total 1,138,190.23 416 CROWN CONSTRUCTION FUND 4160 CROWN CONSTRUCTION PROJECT 616017 62205 EVANSTON ROUNDTABLE LLC VENDOR FAIR AD 380.00 4160 CROWN CONSTRUCTION PROJECT Total 380.00 416 CROWN CONSTRUCTION FUND Total 380.00 505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 53445 RACHAEL BISNETT MOVING OUT OF STATE - 2 LOT 32 SPACES 192.00 53476 SARAH FUDGE PARKING LOT PERMIT REFUND 38.00 65095 OFFICE DEPOT OFFICE SUPPLIES 80.11 7005 PARKING SYSTEM MGT Total 310.11 7015 PARKING LOTS & METERS 62230 ABT AIR CONDITIONING UNITS SHERMAN GARAGE 5,607.00 62375 CTA/AB MONTHLY RENT LOT 19 BENSON STREET 990.00 65070 PASSPORT PARKING, INC`MOBILE PAY PARKING 7,288.75 7015 PARKING LOTS & METERS Total 13,885.75 7025 CHURCH STREET GARAGE 62400 SP PLUS PARKING PARKING GARAGE MANAGEMENT 24,301.37 64505 CALL ONE COMMUNICATION CHARGES 428.32 7025 CHURCH STREET GARAGE Total 24,729.69 7036 SHERMAN GARAGE 62400 SP PLUS PARKING PARKING GARAGE MANAGEMENT 54,970.37 64505 AT & T COMMUNICATION CHARGES 298.22 64505 CALL ONE COMMUNICATION CHARGES 532.31 7036 SHERMAN GARAGE Total 55,800.90 7037 MAPLE GARAGE 62400 SP PLUS PARKING PARKING GARAGE MANAGEMENT 46,870.51 62509 AUTOMATED PARKING TECHNOLOGIES TECHNICAL ASSISTANCE REPORT MAPLE GARAGE 357.00 64505 CALL ONE COMMUNICATION CHARGES 1,036.92 7037 MAPLE GARAGE Total 48,264.43 505 PARKING SYSTEM FUND Total 142,990.88 569 of 629 CITY OF EVANSTON BILLS LIST PERIOD ENDING 05.15.2018 510 WATER FUND 510 WATER SUPORT 22700 CHARLES MOSER & CAROL J MOSER OVERPAYMENT OF WATER ACCOUNT 63.85 22700 BRIAN & MICHELLE MUSBURGER OVERPAYMENT OF WATER ACCOUNT 75.18 22700 GARY MORRISON OVERPAYMENT OF WATER ACCOUNT 73.90 22700 JONATHAN GILLILAND OVERPAYMENT OF WATER ACCOUNT 68.03 22700 TOM & FAY COOK OVERPAYMENT OF WATER ACCOUNT 133.91 22700 KSA GROCERY PORTFOLIO EVANSTON OVERPAYMENT OF WATER ACCOUNT 98.73 22700 DOUGLAS NANDEVILLE OVERPAYMENT OF WATER ACCOUNT 29.17 22700 EMILY ELLIS OVERPAYMENT OF WATER ACCOUNT 205.37 22700 JAHKELLE JOHNSON OVERPAYMENT OF WATER ACCOUNT 112.29 22700 PATTI FURMAN, INC.OVERPAYMENT OF WATER ACCOUNT 71.46 510 WATER SUPORT Total 931.89 4200 WATER PRODUCTION 56140 ILLINOIS DEPT OF REVENUE *SALES TAX MAR 2018 887.00 62315 FEDERAL EXPRESS CORP.SHIPPING 43.39 64505 CALL ONE COMMUNICATION CHARGES 273.02 64540 IRTH SOLUTIONS MONTHLY DIGTRACK TICKETS 200.00 65095 OFFICE DEPOT OFFICE SUPPLIES 297.96 4200 WATER PRODUCTION Total 1,701.37 4208 WATER BILLING 62245 WATER SERVICES COMPANY 2018 LARGE METER TESTING 840.00 64540 VERIZON WIRELESS METER LAPTOPS 228.06 4208 WATER BILLING Total 1,068.06 4210 PUMPING 64015 NICOR UTILITIES NICOR 98.02 65090 NORTH SHORE ENH OMEGA ANNUAL PULMONARY SURVEILLANCE 101.00 4210 PUMPING Total 199.02 4220 FILTRATION 62465 EUROFINS EATON ANALYTICAL FY 2018 LABORATORY TESTING-ROUTINE COMPLIANCE 1,365.00 65015 ALEXANDER CHEMICAL CORPORATION LIQUID CHLORINE (PER SPEC)6,782.92 65030 CARUS PHOSPHATES, INC.ORTHOPOLYPHOSPHATE (PER SPEC)2,772.00 65085 HACH COMPANY HACH TU5200 BENCHTOP TURBIDIMETER 3,391.50 4220 FILTRATION Total 14,311.42 4225 WATER OTHER OPERATIONS 62185 KARRA BARNES CMMS SPECIALIST CONTRACT SALARY 2018 7,500.00 62340 DLT SOLUTIONS 2018 ANNUAL MAINTENANCE FEES FOR AUTODESK LICENSES 2,107.00 62340 WATER RESOURCES GROUP MESSENGER FROM WATERSMART 2,000.00 717008 62340 DATA TRANSFER SOLUTIONS, LLC CMMS VUEWORKS YEAR 2 4,975.00 62455 SEBIS DIRECT UTILITY BILL PRINT & MAIL SERVICES 582.44 4225 WATER OTHER OPERATIONS Total 17,164.44 510 WATER FUND Total 35,376.20 513 WATER DEPR IMPRV &EXTENSION FUND 7330 WATER FUND DEP, IMP, EXT 733107 62145 CDM SMITH, INC.TREATED WATER STORAGE ENGINEERING 81,259.15 717017 62145 CRAWFORD, MURPHY & TILLY, INC.EMERSON ST WHOLESALE WATER METER-ENG SVCS 20,148.60 417006 62145 ALFRED BENESCH & COMPANY 30" DOWNTOWN TRANSMISSION FEEDER MAIN ENG SVCS 16,957.13 418001 62145 HAMPTON, LENZINI AND RENWICK, INC. 2018 CIP TOPOGRAPHIC SURVEYING 16,911.10 717003 65515 WATER RESOURCES WATER METERS & INSTALLATION 69,055.51 7330 WATER FUND DEP, IMP, EXT Total 204,331.49 513 WATER DEPR IMPRV &EXTENSION FUND Total 204,331.49 515 SEWER FUND 4530 SEWER MAINTENANCE 62415 G & L CONTRACTORS, INC 2018 DEBRIS HAULING 4,732.80 62455 SEBIS DIRECT UTILITY BILL PRINT & MAIL SERVICES 582.44 65051 OZINGA CHICAGO RMC, INC.2018 CONCRETE PURCHASE 842.00 4530 SEWER MAINTENANCE Total 6,157.24 4535 SEWER IMPROVEMENTS 62461 TESKA ASSOCIATES, INC.RFP 16-04 GIBBS MORRISON SITE IMPROVEMENTS 299.20 4535 SEWER IMPROVEMENTS Total 299.20 515 SEWER FUND Total 6,456.44 520 SOLID WASTE FUND 4310 RECYCLING AND ENVIRONMENTAL MAIN 56155 ILLINOIS DEPT OF REVENUE *SALES TAX MAR 2018 447.00 62390 LAKESHORE RECYCLING SYSTEMS 2018 CONDO REFUSE COLLECTION CONTRACT 35,250.00 62405 SOLID WASTE AGENCY NORTHERN COOK FY2018 SWANCC DISPOSAL FEES 61,180.82 62415 GROOT RECYCLING & WASTE SERVICES 2018 RESIDENTIAL REFUSE COLLECTION CONTRACT 263,349.15 62415 GROOT RECYCLING & WASTE SERVICES 2018 YARD WASTE COLLECTION CONTRACT 154,149.20 62415 SHRED ALL TRANSFER TIRE RECYCLING 238.91 62415 COLLECTIVE RESOURCE INC.FY2018 PLASTIC FLIM COLLECTION 158.00 4310 RECYCLING AND ENVIRONMENTAL MAIN Total 514,773.08 520 SOLID WASTE FUND Total 514,773.08 600 FLEET SERVICES FUND 7705 GENERAL SUPPORT 64505 CALL ONE COMMUNICATION CHARGES 894.14 65095 OFFICE DEPOT LUBRICANT FOR SHREDDERS 20.74 7705 GENERAL SUPPORT Total 914.88 7710 MAJOR MAINTENANCE 62355 CINTAS #22 WEEKLY UNIFORM SERVICE 326.62 62355 CINTAS CORPORATION #769 WEEKLY MAT SERVCICE 273.06 62355 CINTAS CORPORATION #769 WEEKLY MAT SERVICE 273.06 62360 MUNICIPAL FLEET MGRS ASSC C/O JACK GRAY ANNUAL DUES FOR MFMA 30.00 65035 KELLER HEARTT CO, INC.BULK OIL DELIVERY 11,207.60 65035 ACCURATE TANK TECHNOLOGIES REPLACE HOSE RETRATORS (3)1,392.00 65035 INTERSTATE POWER SYSTEMS, INC.55 GALLON DRUM TRANSYND OIL 1,647.41 65035 GAS DEPOT INC.7,008 GALLONS DIESEL FUEL 16,522.34 65035 GAS DEPOT INC.7,010 GALLONS B-11 BIO DIESEL 17,108.82 65035 GAS DEPOT INC.8,008 GALLONS UNLEADED GAS 18,950.37 65060 1ST AYD CORPORATION CHEMICALS FOR SHOP 1,075.13 670 of 629 CITY OF EVANSTON BILLS LIST PERIOD ENDING 05.15.2018 65060 R.A. ADAMS ENTERPRISES INC,DUMP BOX REFURBISHED #D1 4,450.00 65060 ATLAS BOBCAT, INC.TOOLCAT BROOM WAFERS 375.16 65060 EQUIPMENT DEPOT OF ILLINOIS ANNUAL SERVICE ON FORKLIFT 160.29 65060 CUMBERLAND SERVICENTER WASHER FLUID PUMPS 142.04 65060 DOUGLAS TRUCK PARTS HEATER HOSE 142.62 65060 DOUGLAS TRUCK PARTS WESTER PLOW FRAME MOUNTS 552.48 65060 DUXLER TIRE & CAR CENTER #342 ALIGNMENT 69.00 65060 DUXLER TIRE & CAR CENTER #48 ALIGNMENT 69.00 65060 DUXLER TIRE & CAR CENTER #80 WHEEL BALANCE 15.00 65060 EVANSTON CAR WASH & DETAIL CENTER 21 CAR WASHES 210.00 65060 GROVER WELDING COMPANY # 576 REMOVE OLD HITCH AND WELD ON NEW ONE 844.80 65060 GROVER WELDING COMPANY #142 FORK REPAIRS 228.86 65060 GROVER WELDING COMPANY #623 CONVEYOR WELD REPAIRS 870.00 65060 GROVER WELDING COMPANY #632 FABRICATE NEW SKID PLATES 644.38 65060 HAVEY COMMUNICATIONS INC.#260 ADDITIONAL EMERGENCY LIGHTING 1,022.90 65060 HAVEY COMMUNICATIONS INC.#433 RADIOS & LIGHTING IN NEW BOAT 3,246.85 65060 INTERSTATE BATTERY OF NORTHERN CHICAGO 8 BATTERIES FOR MOTORCYCLES 604.48 65060 INTERSTATE BATTERY OF NORTHERN CHICAGO BATTERIES 94.94 65060 INTERSTATE BATTERY OF NORTHERN CHICAGO BATTERY 100.23 65060 LEACH ENTERPRISES, INC.10 SIDE MIRRORS 69.30 65060 MONROE TRUCK EQUIPMENT #D2 DUMPBODY HOOKLIFT 2,475.00 65060 MONROE TRUCK EQUIPMENT 2 SPINNER MOTORS 400.68 65060 PATTEN INDUSTRIES 4 BELTS FOR #683 307.91 65060 RUSSO POWER EQUIPMENT #607 TRANSMISSION REPAIRS 2,829.56 65060 WINTER EQUIPMENT CO, INC ADDITIONAL PLOW BLADES 4,227.78 65060 WINTER EQUIPMENT CO, INC ADDITIONAL PLOW CURB GUARDS 4,068.42 65060 WEST SIDE EXCHANGE #550 HOSES & FITINGS 159.39 65060 WEST SIDE EXCHANGE #659 ALTERNATOR & PULLEYS 1,821.42 65060 WEST SIDE EXCHANGE #680 CYLINDER REPAIRS 4,390.02 65060 WEST SIDE EXCHANGE PULLEY #659 92.21 65060 BURRIS EQUIPMENT CO.BUCKET EDGE 325.56 65060 GEIB INDUSTRIES, INC.#323 HYDRAULIC HOSE 63.65 65060 TEREX UTILITIES, INC.#165 ANNUAL INSPECTION & REPAIRS 6,987.36 65060 TEREX UTILITIES, INC.#577 ANNUAL INSPECTION AND REPAIRS 10,515.82 65060 INTERSTATE POWER SYSTEMS, INC.#312 FUEL SYSTEM REPAIRS 12,552.31 65060 INTERSTATE POWER SYSTEMS, INC.#312 WATER PUMP 286.55 65060 INTERSTATE POWER SYSTEMS, INC.#325 COOLANT LINE 22.35 65060 INTERSTATE POWER SYSTEMS, INC.#325 SEAL 51.97 65060 INTERSTATE POWER SYSTEMS, INC.EFD #312 ENGINE CODE REPAIRS 2,875.21 65060 P & G KEENE ELECTRICAL JOHN DEERE STARTER #564 245.00 65060 GLOBAL EMERGENCY PRODUCTS, INC.#322 FUEL ISSUES 906.50 65060 GLOBAL EMERGENCY PRODUCTS, INC.FITTINGS 22.31 65060 GLOBAL EMERGENCY PRODUCTS, INC.HEADLIGHT BEZEL 50.92 65060 GLOBAL EMERGENCY PRODUCTS, INC.STANCHION ENDS 51.11 65060 ADVANCE AUTO PARTS BULBS 54.27 65060 SPEX HAND WASH 75 CAR WASHES 1,055.50 65060 TRIANGLE RADIATOR #661 RADIATOR REPAIRS 1,189.00 65060 ULINE NITRILE GLOVES 368.13 65060 GOLF MILL FORD #15 TURN SIGNAL ASSY 252.23 65060 GOLF MILL FORD #261 D/S MIRROR ASSY 185.97 65060 GOLF MILL FORD #48 INNER/OUTER TIE RODS 151.82 65060 GOLF MILL FORD #63 MIRROR COVER 25.35 65060 GOLF MILL FORD #637 KITS 24.72 65060 GOLF MILL FORD #637 V-BELT AND COMPRESSOR 425.61 65060 GOLF MILL FORD #659 KIT 40.96 65060 GOLF MILL FORD #68 BUSHINGS 5.74 65060 GOLF MILL FORD DAMPENER 45.17 65060 GOLF MILL FORD NEW KEY ASSY'S 396.00 65060 GOLF MILL FORD NUT 3.76 65060 GOLF MILL FORD WIPER ARM TRANSMISSION 48.72 65060 R.N.O.W., INC.#718 SPOOL VALVE REPAIRS 1,948.00 65060 R.N.O.W., INC.EMERGENCY STOP BUTTONS 445.23 65060 ORLANDO AUTO TOP #719 INSTALL WINDSHIELD 510.00 65060 ORLANDO AUTO TOP REBUILD INT'L SEAT CUSHION 175.00 65060 SIGLER'S AUTOMOTIVE & BODY SHOP, INC.#4 BODY REPAIRS 859.31 65060 SIGLER'S AUTOMOTIVE & BODY SHOP, INC.BODY REPAIRS EPD VEHICLE #39 2,081.02 65060 SIGLER'S AUTOMOTIVE & BODY SHOP, INC.EPD CHIEF CAR#1 BODY REPAIRS 1,757.13 65060 LAWSON PRODUCTS, INC.BRASS FITTINGS 357.02 65060 LAWSON PRODUCTS, INC.FENDER WASHERS 31.51 65060 LAWSON PRODUCTS, INC.LOCK NUTS 54.71 65060 LAWSON PRODUCTS, INC.MISC WASHERS 55.01 65060 LAWSON PRODUCTS, INC.WASHERS 61.02 65060 CHICAGO PARTS & SOUND, LLC 55 GALLON DRUM SYN 5W40 OIL 1,294.78 65060 CHICAGO PARTS & SOUND, LLC BRAKE PARTS 513.90 65060 NISSAN MOTOR ACCEPTANCE CORP MAY LEASE PAYMENT 618.29 65060 APC STORES, INC., DBA BUMPER TO BUMPER #342 STRUTS COMPLETE 352.78 65060 APC STORES, INC., DBA BUMPER TO BUMPER 5W40 OIL IN QUARTS 239.52 65060 APC STORES, INC., DBA BUMPER TO BUMPER AIR FILTERS 182.12 65060 APC STORES, INC., DBA BUMPER TO BUMPER CABIN AIR FILTER #803 17.99 65060 APC STORES, INC., DBA BUMPER TO BUMPER FILTERS 46.10 65060 APC STORES, INC., DBA BUMPER TO BUMPER FILTERS #803 19.50 65060 APC STORES, INC., DBA BUMPER TO BUMPER HYDRAULIC FITTINGS 104.34 65060 APC STORES, INC., DBA BUMPER TO BUMPER LED HEADLIGHTS #325 378.12 65060 APC STORES, INC., DBA BUMPER TO BUMPER SUPER GLUE 16.90 65060 THE CHEVROLET EXCHANGE WESTER PLOW TRUCK MOUNTS 531.20 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #315 BRAKE PRESSURE SWITCH 67.90 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #577 WATER PUMP 185.00 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #737 LOW PRESSURE SWITCH 19.44 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC AIR TANK CABLES 351.80 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC BRAKE MASTER CYLINDER #737 395.00 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC LOW PRESSURE SWITCH 38.88 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC ON-COMMAND SERVICE FOR INT'L TRUCKS 1,320.00 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC TRUCK #737 INSTRUMENT CLUSTER 2,392.95 65065 WENTWORTH TIRE SERVICE 12 NEW TIRES 4,259.86 65065 WENTWORTH TIRE SERVICE 4 NEW TIRES 2,894.92 65065 WENTWORTH TIRE SERVICE NEW TIRES 466.06 65065 WENTWORTH TIRE SERVICE TIRE SERVICE 474.00 65085 SNAP-ON INDUSTRIAL REPAIR OF BATTERY CHARGER 375.00 65085 AUTOMOTIVE LIFT SERVICE INSPECTION & REPAIRS OF HOSE & REELS IN FLEET GARAGE 3,303.50 7710 MAJOR MAINTENANCE Total 171,915.51 600 FLEET SERVICES FUND Total 172,830.39 601 EQUIPMENT REPLACEMENT FUND 7780 VEHICLE REPLACEMENTS 62375 UNITED RENTALS ROLLER RENTAL FOR 2018 SEASON 3,032.47 62402 NISSAN MOTOR ACCEPTANCE CORP MAY LEASE PAYMENT 309.15 65550 FOSTER COACH SALES, INC.NEW AMBULANCE FOR EFD #317 300,055.00 7780 VEHICLE REPLACEMENTS Total 303,396.62 601 EQUIPMENT REPLACEMENT FUND Total 303,396.62 771 of 629 CITY OF EVANSTON BILLS LIST PERIOD ENDING 05.15.2018 605 INSURANCE FUND 7800 RISK MANAGEMENT 790212 62130 RECORD COPY SERVICES RECORDS REQUEST - MUSTO 799.05 790195 62130 MKC MEDICAL MANAGEMENT MEDICAL RECORD REVIEW 1,620.00 62130 GOLDBERG KOHN EEOC COMPLAINT 2,720.00 790195 62130 US LEGAL SUPPORT, INC.RECORDS REQUEST - CRNKOVIC V COE 297.93 780084 62130 JEEP & BLAZER JAMES PARK 759,514.39 62175 RAPTOR INDUSTRIES, INC.EMERGENCY FIBER REPAIR JANUARY 2018 13,187.33 7800 RISK MANAGEMENT Total 778,138.70 7801 EMPLOYEE BENEFITS 66054 SENIORS CHOICE SENIORS CHOICE MONTHLY INVOICE 1,661.36 7801 EMPLOYEE BENEFITS Total 1,661.36 605 INSURANCE FUND Total 779,800.06 Grand Total 3,779,195.83 872 of 629 CITY OF EVANSTON BILLS LIST PERIOD ENDING 05.15.2018 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT INSURANCE VARIOUS VARIOUS WORKERS COMP 7,996.18 VARIOUS VARIOUS WORKERS COMP 14,685.11 VARIOUS VARIOUS CASUALTY LOSS 1,286.18 VARIOUS VARIOUS WORKERS COMP 14,325.00 38,292.47 SEWER 7580.68305 IEPA LOAN DISBURSEMENT SEWER FUND 66,000.24 7618.68305 IEPA LOAN DISBURSEMENT SEWER FUND 219,012.81 7133.68305 IEPA LOAN DISBURSEMENT WATER FUND 33,752.41 318,765.46 VARIOUS VARIOUS BANK OF AMERICA PURCHASING CARD- FEB. CITY CLERK 1,716.90 VARIOUS TWIN EAGLE NATURAL GAS-MARCH 2018 18,702.79 20,419.69 4,156,673.45 Grand Total 4,156,673.45 PREPARED BY DATE REVIEWED BY DATE APPROVED BY DATE 973 of 629 Bank of America Credit Card Statement for the Period Ending February 28, 2018REPORTS TO INTERMEDIATEMERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECTEXPENSE DESCRIPTIONCMO/CITY CLERK OFFICELYFT RIDE TUE 2AM $30.10 02/07/2018 62295 TRAINING & TRAVELCLERK WILL SUBMIT REIMBURSEMENT RECEIPT TO CFO.CMO/CITY CLERK OFFICELYFT RIDE TUE 10AM $26.98 02/08/2018 62295 TRAINING & TRAVELCLERK WILL SUBMIT REIMBURSEMENT RECEIPT TO CFO.CMO/CITY CLERK OFFICELYFT RIDE THU 11AM $9.67 02/09/2018 62295 TRAINING & TRAVELCLERK WILL SUBMIT REIMBURSEMENT RECEIPT TO CFO.CMO/CITY CLERK OFFICELYFT RIDE THU 12AM $9.15 02/09/2018 62295 TRAINING & TRAVELCLERK WILL SUBMIT REIMBURSEMENT RECEIPT TO CFO.CMO/CITY CLERK OFFICELYFT RIDE THU 2PM $6.07 02/09/2018 62295 TRAINING & TRAVELCLERK WILL SUBMIT REIMBURSEMENT RECEIPT TO CFOCMO/CITY CLERK OFFICELYFT RIDE THU 3PM $15.61 02/12/2018 62295 TRAINING & TRAVELCLERK WILL SUBMIT REIMBURSEMENT RECEIPT TO CFO.CMO/CITY CLERK OFFICENATIONBUILDER $319.00 02/13/2018 67107 OUTREACHVOTER OUTREACH MANAGEMENT SOFTWARECMO/CITY CLERK OFFICELYFT RIDE THU 12PM $3.27 02/16/2018 62295 TRAINING & TRAVELCLERK WILL SUBMIT REIMBURSEMENT RECEIPT TO CFO.CMO/CITY CLERK OFFICELYFT RIDE THU 12PM $1.00 02/16/2018 62295 TRAINING & TRAVELCLERK WILL SUBMIT REIMBURSEMENT RECEIPT TO CFO.CMO/CITY CLERK OFFICELYFT RIDE WED 7PM $11.41 02/22/2018 62295 TRAINING & TRAVELCLERK WILL SUBMIT REIMBURSEMENT RECEIPT TO CFOCMO/CITY CLERK OFFICELYFT RIDE WED 10PM $9.03 02/23/2018 62295 TRAINING & TRAVELCLERK WILL SUBMIT REIMBURSEMENT RECEIPT TO CFOCMO/CITY CLERK OFFICEFACEBK B78GPEW7D2 $25.00 02/26/2018 67107 OUTREACHMEDIA OUTREACHCMO/CITY CLERK OFFICEL2 POLITICAL $500.61 02/26/2018 67107 OUTREACHCONTACT DATA FOR VOTER EDUCATION AND OUTREACHCMO/CITY CLERK OFFICECALLHUB.IO CALLHUB CRE $250.00 02/27/2018 67107 OUTREACHVOTER OUTREACH SOFTWARE FOR EVANSTON VOTES TEXT CAMPAIGNCMO/CITY CLERK OFFICECALLHUB.IO CALLHUB CRE $500.00 02/28/2018 67107 OUTREACHVOTER OUTREACH SOFTWARE FOR "EVANSTON VOTES" TEXT CAMPAIGNCLERK FEBRUARY 2018 TOTAL1,716.90$ May 14, 2018Page 1 of 1City Clerk February Credit Card Transactions74 of 629 For the City Council Meeting of May 10, 2010 Item # For City Council Meeting of May 14, 2018 Item A3.1 Business of the City by Motion: Three (3) Replacement PWA Vehicle Purchases For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Kimberly Richardson, Acting Director of Administrative Services Dave Stoneback, Director of Public Works Agency Sean Ciolek, Division Manager of Facilities and Fleet Edgar Cano, Bureau Chief of Public Services Darrell King, Bureau Chief of Water Production David Waite, Fleet Supervisor Subject: Purchase of Three Public Works Agency Vehicles Date: May 14, 2018 Recommended Action: Staff recommends City Council approval for the purchase of three (3) vehicles for operations in the Public Works Agency (Water Production Bureau and Public Services Bureau). The following vehicles will be purchased: Ford F-350 XP from Currie Motors Inc. (9423 W. Lincoln Highway, Frankfort, IL 60423) in the amount of $36,995.00; a Crane Carrier Model LET2-44 from National Fleet Auto Group (490 Auto Center Drive, Watsonville, CA 95076) in the amount of $267,825.00; and a Kenworth T440 Cab/Chassis from Standard Equipment Company (2033 W. Walnut Street, Chicago, IL 60612) in the amount of $369,116.58. Funding Source: Funding for the vehicles will be as follows: Water Fund (Account 510.40.4230.65550) in the amount of $36,995.00 which has a budgeted amount of $62,200.00. This expenditure represents 59% of this budgeted amount. Sewer Fund (Account 515.40.4530.65550) in the amount of $369,116.58 which has a budgeted amount of $460,300.00. This expenditure represents 80% of this budgeted amount. Solid Waste Fund (Account 520.40.4130.65550) in the amount of $250,000.00 representing 100% of the budgeted amount of $250,000.00, (Account 520.40.4130.64005) in the amount of $3,000.00 representing 100% of the budgeted amount of $3,000.00, (Account 520.40.4130.64015) in the amount of $3,500.00 representing 95% of the budgeted amount of $3,669.00 and (Account 520.40.65625) in the amount of $11,325.00 representing 47% of the budgeted amount of $24,316.00. Memorandum 75 of 629 2 The total amount from each of these Solid Waste Fund accounts comes to a total of $267,825.00. Livability Benefit: Built Environment: Manage water resources responsibly. Climate & Energy: Reduce greenhouse gas emissions. Summary: The recommended vehicle purchases will support daily operations of the Public Works Agency. The replacement of vehicles #917 (a 2003 with 68,075 miles) and #956 (a 2012 with 16,472 miles), two vehicles which have excessive use and engine time under harsh conditions, is crucial for safe, reliable, environmentally friendly, and cost effective operations. Vehicle #723 is being purchased to accommodate the large demand of services and to provide some relief should another collection vehicle be out for service. Vehicle #956 which in comparison to other vehicles has a relatively low mileage is a combination Jetter/Vactor (vaccum) truck that is utilized for the operation, inspection, maintenance, and repair of the City’s sewer mains and structures (sewer manholes, catch basins, relief sewers and storm water inlets). This includes proactive programs such as sewer main and drainage structure cleaning. Much of Evanston’s sewer system was constructed in the late 1800s to early 1900s and require regular maintenance. Evanston has a total of 144.27 miles of combined sewer, 53.69 miles of relief sewer and 16.30 miles of storm sewer that is maintained using this type of equipment. In addition to the miles of sewer main, Evanston also owns 5,583 manholes, 3,024 inlets and 6,246 catch basins which total 14,853 additional sewer structures that must be managed. The availability of this type of vehicle is critical to the Public Works Agency’s daily operation and maintenance of the City’s sewer system. Regular O&M of sewer structures helps reduce street flooding and basement backups following wet weather and melting events. Our past experience with this type of vehicle has shown following five years of daily operation costly repairs occur regularly which affects department operations budget, productivity and vehicle downtime. Replacement of this vehicle within five years also improves trade-in value. The Crane Carrier (#723) is equipped with a Cummins-ISL9-345 engine which offers exceptional performance, fuel economy and a long engine life. The Ford (#917) is equipped with the extremely durable 6.2L 2-Valve SOHC EFI NA V8 Flex-Fuel engine which maximizes combustion for positive performance, fuel economy and emissions. The Vactor (#956) is equipped with a PACCAR engine which delivers superior performance, reduces maintenance and offers excellent fuel economy. Vehicles #723 and #956 will be fueled with Diesel fuel. #917 will be capable of operating on 85 octane fuel. Existing vehicles being replaced will be traded in, auctioned off as Sale of Surplus or re-assigned as needed. Fleet staff carefully weighs multiple variables and replaces vehicles accordingly. In an effort to not allow the fleet’s overall age to become imbalanced we are focusing our manpower and resources on newer and less worn equipment rather than older, antiquated vehicles which will absorb more time and more funds to repair and maintain 76 of 629 3 over time. Our current replacement strategy focuses on mileage, engine time, age, reliability, maintenance cost and the operational environment the equipment is subjected to. All of these variables are considered when determining which vehicles should be replaced and when. The recommended replacement unit purchases are as follows: Dept./Division Unit # Replacement Description Model Year Purchase Price Type of Bid Vendor Public Works Agency (Public Services Bureau) 723 Crane Carrier Model LET2- 44 Standard Cab w/ New Loadmaster Excel S 20- Yard Refuse Body and 360 Camera 2018 $267,825 NJPA Contract 081716- NAF National Auto Fleet Group Public Works Agency (Water Production Bureau) 917 Ford F-350 XL 4x4 SD Regular Cab 2018 $36,995 NWMC Contract #143 Currie Ford Inc. Public Works Agency (Water Production Bureau) 956 Kenworth T440 Cab/ Chassis w/Vactor 2100i Combination Sewer Cleaner 2018 $369,116.58 NJPA Contract 122017- FSC Standard Equipment Company Each vendor (National Auto Fleet Group, Currie Ford and Standard Equipment Company) qualifies for joint purchasing with either the National Joint Powers Alliance Contract (NJPA) or the Northwest Municipal Conference (MWMC) for these types of vehicles and will be utilized for the purchase of these three (3) units. All have been responsive and responsible bid winners in the past and as such, have provided efficient turn-around to our ordering and timely delivery needs. There are no Evanston Based Businesses that can provide these types of vehicles. Attachments Quotes and specifications for three (3) replacement vehicle purchases 77 of 629 Nati~D~S~~Df~~~~!:~D~~tGroup 490 Auto Center Drive,Watsonville,CA 95076 (855) 289-6572· (855) BUY-NJPA· (831) 480-8497 Fax FIeet@NationaIAutoFleetGroup.com 03/28/2018 Quote ID 6512 David Waite City of Evanston,IL 2020 Asbury Avenue Evanston,IL 60201 Dear David, National Auto Fleet Group is pleased to quote the following chassis for your consideration.One (1) NewlUnused (2018 Crane Carrier Model LET2-44 Standard Cab Straight Frame Chassis with a Loadmaster Excel S 20-Yard Rear Loading Refuse Body)delivered to your department yard by Jeff Shesler with RNOW,priced as follows: (1) One Unit Chassis Tax (0%) TOTAL $ $ $ 265,825.00 00.00 265,825.00 OPTIONS Full 3600 Brigade Surround Sight Camera System Option . Full-time WIFI Bridgade Camera System Recording Option . Prompt Pay Chassis at Time of Delivery to Body Company .. $2.000 $1,000 ($3,335) Per the attached specifications. Pricing includes cost for the chassis,refuse body,and shipping to Loadmaster (100 W. 11th Avenue, Norway,MI 49870)once the chassis is completed. This vehicle(s) is available under the National Joint Powers Alliance Contract 081716-NAF.Please reference this Bid Number on all Purchase Orders. Thank you in advance for your consideration. Should you have any questions,please do not hesitate to call. esse Cooper National Fleet Manager J cooper@Nationalautofleetgroup.com Office (855) 289-6572 Fax (831)480-84~&//?&dnJ'"@TOYOTA78 of 629 ~t;?~~C~R~A~N~E~C~A~R~R~I~E~R~C~O~M~P~A~N~Y Ttt HuwijT~"~t Brewer Chassis Quotation P.O.#:NJPA.NO Date: United States Date: 2017 Pricing I 12111117 Regional Sales Manager: Purchaser: Address: CityISTIZIP: Attn: Telephone: Fax: Cumberland Servicenter,Inc 2375 Oakton Street Minglon Heighls.IL 60005 Dave 847-437·5050 847-437-0730 ForSale To: Address: CityISTIZIP: Attn: Telephone: Fax: City of Evanston 2020 Asbury Evanston.tl60201 David Waite 847-448·8292 OEF#: Rev: SIN: Qly: Model: Spec#: 1 (One) LET2-44 Standard Cab Vocation tie.FL,RL,ASL,MSL,RO):Rear Loader EngineITorque@RPM:CUMMINS ·ISL9-345 1150@ 1400 RPM Accessories:10 Gal. HeatedDEFTank StandardLocation RH Side Accessories:FEPTO Adapter 1350/1410 Accessories:RemoteEngineOil Fill Block Heater:Block Heater 1,000Watt wI RedIndicator Light 120V Air Compressor:Cummins-Wabco,18.7 CFM Cooling System:Remote 1814 Sq.In.·34 F Below Zero XL Accessories; Accessories: Accessories: Air Intake: Accessories: Accessories: Exhaust: Accessories: Accessories: Battery Box/Batteries: Accessories: Accessories; Accessories: Starter: Attemator: Fuel Tank: Accessories: Accessories: Filter/Separator Trans. / Retarder: Controls: NIS/Auto Neutral: Accessories: Accessories: Accessories: Propshafts: Front Axle: Accessories: Brakes: Slack Adjusters: Accessories: Wheels: Tires: Spare Wheel: Spare Tire: Front Suspension: Steering Position: Accessories: Rear Axle: Accessories: Brakes: Wheels: Tires: Ratio/Max. Speed: Slack Adjusters: Accessories: Spare Wheel: Spare Tire: Retarder: Accessories: Rear Suspension: Tag/Pusher: Wheels: Tires: Accessories: Frame: Bumper: Accessories: Accessories: Wheel Base: ABS System: Air Tanks: Drain Valves: Pull Cords: Air Dryer: Accessories: Accessories: Accessories: Parker 13"Steel Intake Filter Minder,Dash Mounted LH Vertical Flared Elbow Steel (3)Three GRP 31.925 CCA Ea Standard Location LH Side IBody Make:Loadmaster Cab Construction: Cab TypefTilt Pump Standard: Accessories: Cab Exterior: Accessories: Accessories: Accessories: Cab Interior:Dual Fans Standard Air Conditioning: Stereo:Standard Cruise Control:Standard Doors I Windows:LH RH Mirrors:lH RH Spot Mirrors:LH &RH Seats: LH RH Forward Instru mentation: Accessories: Accessories: Accessories: Accessories: Windshield Wiper(s): Cab Elec.lLighting: Accessories: Accessories: Accessories: Accessories: Accessories: Sack-Up Alarm: Misc.Equipment: Accessories: Accessories: Accessories: Accessories: Accessories: Accessories: Accessories: Accessories: Accessories: Accessories: Finish Paint: Cab: Upper Cab Stripe:No Lower Cab Stripe: No Bumper: Bumper Stripe:No Frame: Battery Box: Fuel Tank: Clear Coat:No Front Wheels:2-Sided Gray PC Rear Wheels:2-Sided Gray PC Spare Wheel(s):2-Sided Gray PC Additional Charges /Warranties (Non-Discounted): Standard Chassis Warranty 12 Months Unlimited Miles Standard Frame &Crossmember Warranty - 5YR/100K Mi (pro-rated after 36 Mo/30K Mi) Standard - 2 Year Cummins Engine Warranty Standard - 3 Year Allison Edge II Partner Warranty Standard -2 Year Dana Axle Warranty No Extended warranties are included in this quotation or have been requested TOTAL PRICE PER VEHICLE Heavy Duty Soft Start Leece-Neville 160·AMP 60 Gallon Steel Single Tank Standard Location RH Side Requested Delivery Date: Cummins Branded 12V Heated Filter 3000RDS 6-Speed Dual Pushbutton Auto Neutral System / "AG" Function Spicer Life Series SPL-170 D2000F 16.5 X 7 Wide Brake Package Automatic Hub -Steel Disc 22.5 X 9.00 315180R22.5Goodyear G287 MSA Ll20 1 Hub - Steel Disc 22.5 X 9.00 315180R22.5Goodyear G287 MSA L 120 Parabolic Taper-Leaf 20k RH,Stand Up Dual Drive,Tilt I Telescopic Columns OS H44-P 16.5 X 7 Hub - Steel Disc 22.5 X 8.25 11R22.5 Bridgestone M843 H 116 6.5 Ratio 61 MPH Limit Speed:55 MPH Automatic Hub - Steel Disc 22.5 X 8.25 11R22.5 Bridgestone M843 H 116 HN-462 46k wi Shocks.f144k-46k Axle No No 25·Single Rail RBM:2,233.200 Swept Back.Painted Bumper 1 -Piece 158··CNCT=134·· 6S16M AF=85" [Body Model:Excel S (20YD) LET2 RH,StandUpDualDrive,Ti!t I TelescopicColumns Standard Cab 12v Cab Tilt Assist Pump Dual Tone,Air Horn Under Cab LH &RH Cab Floor Grates wi Scrapers Vents.Cab Roof (mel.2 Add'i Rear Windows) LH &RH 17"Exterior Grab Handles Dual Cab Fans Intregal w/Cab Dash &Heater System AM/FM Stereo CO/WB/MP3NVMAlUSB&iPod/Bluetooth Solid Electric,Roll-Down Bi-Fcld Sliding 16"x 7"SIS West Coast "AI! 16"x 7"SIS West Coast wI Combo "A" (1)8·'Round Convex Spot. (2)Total t-Each Side Sears C2 Air Ride,Black Vinyl Flip-Up I Fold-Down,Black Vinyl Full RH Instrumentation (2)Transmission on Temperature Gauges Spot mirrors should be mounted below mirror Intermittent Wipers CCC Daytime Running Lights LED Cab Clearance,Marker &Turn Signals Plow Strobe Switch and Wiring Harness Warn or Equal 107 dB(A) Color:Color/Code: White 57971 Black 56590 Black 56590 Black 56590 Black 56590 Notes: Bendix BfW A[)"9EP,Heated Centralized Drain Valves 1951 Reiser Avenue SE •New Philadelphia,OH 44663 •918.836.1651 •www.cranecarrier.com79 of 629 Currie Motors Frankfort Inc 9423 W Lincoln Hwy, Frankfort, Illinois, 604231388 Office: 708-479-1100 Customer Proposal Prepared for: Mr. David Waite Fleet Service, City of Evanston Prepared by: Kristen DeLaRiva Office: 815-464-9200 Email: fleetcurrie@gmail.com Date: 03/06/2018 Vehicle: 2018 F-350 XL 4x4 SD Regular Cab 8' box 142" WB SRW 180 of 629 Prepared for: Mr. David Waite, Fleet Service, City of Evanston By: Kristen DeLaRiva Date: 03/06/2018 Currie Motors Frankfort Inc 9423 W Lincoln Hwy, Frankfort, Illinois, 604231388 Office: 708-479-1100 Mr. David Waite Fleet Service, City of Evanston Re: Vehicle Proposal Dear Mr. Waite, Please find the following proposal for your requested vehicle. Please examine for complete order accuracy. This proposal reflects the vehicle's final build; if changes are necessary, please contact me immediately to edit and finalize. Sincerely, Kristen DeLaRiva Municipal Sales 815-464-9200 fleetcurrie@gmail.com 281 of 629 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared for: Mr. David Waite, Fleet Service, City of Evanston By: Kristen DeLaRiva Date: 03/06/2018 Currie Motors Frankfort Inc 9423 W Lincoln Hwy, Frankfort, Illinois, 604231388 Office: 708-479-1100 2018 F-350, SD Regular Cab 4x4 SD Regular Cab 8' box 142" WB SRW XL(F3B) Price Level: 820 Code Description MSRP Base Vehicle F3B Base Vehicle Price (F3B)$36,860.00 Packages 610A Order Code 610A N/C Includes: - Engine: 6.2L 2-Valve SOHC EFI NA V8 Flex-Fuel Flex-Fuel badge on fleet orders only. - Transmission: TorqShift 6-Speed Automatic (6R140) Includes SelectShift. - 3.73 Axle Ratio - GVWR: 10,300 lb Payload Package - Tires: LT245/75Rx17E BSW A/S (4) - Wheels: 17" Argent Painted Steel Includes painted hub covers/center ornaments. Powertrain 996 Engine: 6.2L 2-Valve SOHC EFI NA V8 Flex-Fuel Included Flex-Fuel badge on fleet orders only. 44P Transmission: TorqShift 6-Speed Automatic (6R140) Included Includes SelectShift. X37 3.73 Axle Ratio Included STDGV GVWR: 10,300 lb Payload Package Included Wheels & Tires TD8 Tires: LT245/75Rx17E BSW A/S (4)Included 64A Wheels: 17" Argent Painted Steel Included Includes painted hub covers/center ornaments. Other Options 142WB 142" Wheelbase STD PAINT Monotone Paint Application STD 96V XL Value Package $720.00 Includes: - 4.2" Center-Stack Screen - Radio: AM/FM Stereo/Single-CD/MP3 Player Includes 4-speakers. - Bright Chrome Hub Covers & Center Ornaments - Chrome Front Bumper - Chrome Rear Step Bumper - Steering Wheel-Mounted Cruise Control 90L Power Equipment Group $915.00 Selected Options 382 of 629 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared for: Mr. David Waite, Fleet Service, City of Evanston By: Kristen DeLaRiva Date: 03/06/2018 Currie Motors Frankfort Inc 9423 W Lincoln Hwy, Frankfort, Illinois, 604231388 Office: 708-479-1100 2018 F-350, SD Regular Cab 4x4 SD Regular Cab 8' box 142" WB SRW XL(F3B) Price Level: 820 Code Description MSRP Deletes passenger-side lock cylinder. Includes upgraded door trim panel. Includes: - Accessory Delay - Trailer Tow Mirrors w/Power Heated Glass Includes power heated glass, heated convex spotter mirror and integrated clearance lights and turn signal indicators. - Perimeter Alarm - Power Locks - Power Tailgate Lock - Power Front Seat Windows Includes 1-touch up/down driver/passenger window. - Remote Keyless Entry 473 Snow Plow Prep Package $185.00 REQUIRES Extra Extra Heavy-Duty Alternator (67E) when ordered with Upfitter Switches (66S) and 110V/400W Outlet (43C). Includes computer selected springs for snowplow application. NOTE 1: Restrictions apply; see Supplemental Reference or Body Builders Layout Book for details. NOTE 2: May result in deterioration of ride quality when vehicle is not equipped with snowplow. Includes: - Extra Heavy-Duty 200 Amp Alternator 18B Platform Running Boards $320.00 66S Upfitter Switches (6)$165.00 REQUIRES Extra Extra Heavy-Duty Alternator (67E) when ordered with 110V/400W Outlet (43C) and Snow Plow Pkg. (473) or Snow Plow/Camper Pkg. (47B). Located in overhead console. Includes: - Extra Heavy-Duty 200 Amp Alternator 585 Radio: AM/FM Stereo/Single- CD/MP3 Player Included Includes 4-speakers. 91M SYNC Communications & Entertainment System $365.00 Includes enhanced voice recognition, 911 Assist, 4.2" LCD screen in center stack, AppLink, 1 smart-charging USB port and steering wheel audio controls. Emissions 425 50-State Emissions System STD Interior Colors 4S_02 Medium Earth Gray N/C Primary Colors Z1_01 Oxford White N/C Fleet Options 4 Cloth 40/Mini-Console/40 Front Seat (Fleet) $515.00 Includes driver's side manual lumbar. Selected Options (cont'd) 483 of 629 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared for: Mr. David Waite, Fleet Service, City of Evanston By: Kristen DeLaRiva Date: 03/06/2018 Currie Motors Frankfort Inc 9423 W Lincoln Hwy, Frankfort, Illinois, 604231388 Office: 708-479-1100 2018 F-350, SD Regular Cab 4x4 SD Regular Cab 8' box 142" WB SRW XL(F3B) Price Level: 820 Code Description MSRP Upfit Options D-01 Delivery $185.00 EPL9000 SOUNDOFF EPL900 54" LIGHT BAR $2,715.00 SOUNDOFF EPL900 54" LIGHT BAR WP 8'6" WESTERN $5,095.00 A-01 4-Corner LED Strobes $795.00 SUBTOTAL $48,835.00 Destination Charge $1,295.00 TOTAL $50,130.00 Selected Options (cont'd) 584 of 629 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared for: Mr. David Waite, Fleet Service, City of Evanston By: Kristen DeLaRiva Date: 03/06/2018 Currie Motors Frankfort Inc 9423 W Lincoln Hwy, Frankfort, Illinois, 604231388 Office: 708-479-1100 2018 F-350, SD Regular Cab 4x4 SD Regular Cab 8' box 142" WB SRW XL(F3B) Price Level: 820 Warranty Basic Distance 36000 miles Months 36 months Powertrain Distance 60000 miles Months 60 months Corrosion Perforation Distance Unlimited miles Months 60 months Roadside Assistance Distance 60000 miles Months 60 months Warranty - Selected Equipment & Specs 685 of 629 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared for: Mr. David Waite, Fleet Service, City of Evanston By: Kristen DeLaRiva Date: 03/06/2018 Currie Motors Frankfort Inc 9423 W Lincoln Hwy, Frankfort, Illinois, 604231388 Office: 708-479-1100 2018 F-350, SD Regular Cab 4x4 SD Regular Cab 8' box 142" WB SRW XL(F3B) Price Level: 820 Pricing - Single Vehicle MSRP Vehicle Pricing Base Vehicle Price $36,860.00 Options & Colors $3,185.00 Upfitting $8,790.00 Destination Charge $1,295.00 Discount Adjustments Discount -$13,135.00 Total $36,995.00 Customer Signature Acceptance Date 786 of 629 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availabilityor pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared for: Mr. David Waite, Fleet Service, City of Evanston By: Kristen DeLaRiva Date: 03/06/2018 Currie Motors Frankfort Inc9423 W Lincoln Hwy, Frankfort, Illinois, 604231388Office: 708-479-11002018 F-350, SD Regular Cab4x4 SD Regular Cab 8' box 142" WB SRW XL(F3B)Price Level: 820Major Equipment(Based on selected options, shown at right)6.2L V-8 SOHC w/SMPI 385hpExterior:Oxford WhiteTorqShift 6 speed automatic w/ODInterior:Medium Earth Gray*4-wheel ABS*Brake assistance*Traction control* LT 245/75R17 E BSW AS S-rated tires*Battery with run down protection*Firm suspension*Advance Trac w/Roll Stability Control*Air conditioning*Tinted glass* Radio grade AM/FM stereo with seek-scan,single in-dash CD player, MP3 decoder,auxiliary audio input, external memory control*Bluetooth wireless streaming*Daytime running*Dual power remote heated mirrors* Variable intermittent wipers*17 x 7.5 steel wheels*Dual front airbags w/passenger cancel*Driver and front passenger seat mounted sideairbags*SecuriLock immobilizer*Tachometer*Message Center*Reclining front bucket seats*Running boards*Audio control on steering wheel*Class V hitch*Front axle capacity: 6000 lbs.*Rear axle capacity: 7280 lbs.*Front spring rating: 5600 lbs.*Rear spring rating: 6340 lbs.*Frame section modulus: 10.7 cu.in.*Frame Yield Strength 50000 psi*Cab to axle: 56.1"Fuel EconomyCityN/AHwyN/ASelected OptionsMSRPSTANDARD VEHICLE PRICE$36,860.00Order Code 610AN/CEngine: 6.2L 2-Valve SOHC EFI NA V8 Flex-Fuel IncludedTransmission: TorqShift 6-Speed Automatic (6R140) Included3.73 Axle RatioIncludedGVWR: 10,300 lb Payload PackageIncludedTires: LT245/75Rx17E BSW A/S (4)IncludedWheels: 17" Argent Painted SteelIncluded142" WheelbaseSTDMonotone Paint ApplicationSTD50-State Emissions SystemSTDOxford WhiteN/CCloth 40/Mini-Console/40 Front Seat (Fleet) $515.00Platform Running Boards$320.00Upfitter Switches (6)$165.00Extra Heavy-Duty 200 Amp AlternatorIncludedPower Equipment Group$915.00Accessory DelayIncludedTrailer Tow Mirrors w/Power Heated Glass IncludedPerimeter AlarmIncludedPower LocksIncluded887 of 629 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availabilityor pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared for: Mr. David Waite, Fleet Service, City of Evanston By: Kristen DeLaRiva Date: 03/06/2018 Currie Motors Frankfort Inc9423 W Lincoln Hwy, Frankfort, Illinois, 604231388Office: 708-479-11002018 F-350, SD Regular Cab4x4 SD Regular Cab 8' box 142" WB SRW XL(F3B)Price Level: 820Power Tailgate LockIncludedPower Front Seat WindowsIncludedRemote Keyless EntryIncludedSYNC Communications & Entertainment System $365.00XL Value Package$720.004.2" Center-Stack ScreenIncludedRadio: AM/FM Stereo/Single-CD/MP3 Player IncludedBright Chrome Hub Covers & Center Ornaments IncludedChrome Front BumperIncludedChrome Rear Step BumperIncludedSteering Wheel-Mounted Cruise ControlIncludedMedium Earth GrayN/CSnow Plow Prep Package$185.00SUBTOTAL$40,045.00Destination Charge $1,295.00TOTAL$41,340.00988 of 629 89 of 629 2033 WEST WALNUT STREET CHICAGO, ILLINOIS 60612 OFFICE (312) 829-1919 FACSIMILE (312) 829-6142 WWW.STANDARDEQUIPMENT.COM May 3, 2018 Mr. David Waite City of Evanston 2020 Asbury Ave Evanston, IL 60201 Sent Via E-Mail: dwaite@cityofevanston.org Subject: Quote # 2018-25250 (Rev. 2) Vactor 2100i Combination Sewer Cleaner Mr. Waite, Standard Equipment Company is pleased to present the City of Evanston with the following quotation for one (1) new current model year Vactor 2100i Combination Sewer Cleaner mounted on a Kenworth T440 Cab/Chassis. Price per Attached Specifications $441,616.58 Less Trade-In ($72,500.00) Total Amount $369,116.58 Notes: Pricing Per NJPA Contract # 122017-FSC FOB: Evanston, IL Terms: Payment Due Upon Delivery Training Included Respectfully, Richard Bakken rbakken@standardequipment.com Direct (312) 706-9682 Cell (312) 282-1334 90 of 629 Quote # 2018-25250 (Rev. 2) Page 1 of 3 PRODUCT DESCRIPTION Vactor 2100i with Single Engine Dual Stage Fan, 12 Yard Debris Body, 1000 Gallons of Fresh Water 11’6” Max Overall Height STANDARD FEATURES 24" x 26" x 69" Curb Side Aluminum Toolbox Aluminum Fenders Mud Flaps Electric/Hydraulic Four Way Boom Color Coded Sealed Electrical System Remote Pendant Control w/35' Cord Intuitouch Electronic Package Double Acting Dump Hoist Cylinder Handgun Assy. w/1/2" x 35' Hose w/Quick Disconnects 3" Y-Strainer at Water Pump Inlet Ex-Ten Steel Cylindrical Debris Tank Flexible Hose Guide 30 Deg. Sand Nozzle w/Carbide Inserts 30 Deg. Sanitary Nozzle w/Carbide Inserts 15 Deg. Penetrator Nozzle w/Carbide Inserts Nozzle Storage Rack Standard Vacuum Tube Storage: Curbside (2) Pipe 1" Nozzle 10' Leader Hose Flat Rear Door w/Hydraulic Locks and Door Power-up/Down, Open/Close Feature Dual 10" Stainless Steel Float Shut Off System/Rear Mounted Debris Body Vacuum Relief System Debris Deflector Plate 48" Dump Height Water Sight Gauge DS/PS Liquid Float Level Indicator Boom Transport Post Storage 3" Y-Strainer @ Water Pump w/3" Drain Valve Performance Package: (Hyd Variable Flow, Dual PTO's. Dual Hyd. Pumps) 1" Water Relief Valve for Vactor Water Pump Midship Handgun Coupling Side Mounted Water Pump Hose Wind Guide (Dual Roller) Hose Footage Counter - Mechanical Hose Reel Manual Hyd. Extend/Retract Hose Reel Chain Cover (Full) Tachometer/Chassis Engine W/Hourmeter Circuit Breakers LED Lights. Clearance, Back-Up, Stop, Tail & Turn Tow Hooks, Front and Rear Electronic Back-Up Alarm 91 of 629 Quote # 2018-25250 (Rev. 2) Page 2 of 3 Hydraulic Tank Shutoff Valves 8" Vacuum Pipe Package Emergency Flare Kit Fire Extinguisher 5 Lbs. Low Water Iindicator on Screen w/ Alarm and Water Pump Flow Indicator Front Joystick Boom Control Digital Hose Footage Counter Water Pump Hour Meter PTO Hour Meter Digital Water Pressure Gauge Chassis Modifications Vactor Manual, Partial Manual and USB Version - 1 + Dealer ADDITIONAL FEATURES 3" Y-Strainer w/25' Fill Hose 180 Degree Rotation, 10 Ft. Hydraulic Telescoping Boom, Front Loading 8" Suction Hose Telescopic Boom Elbow, Hard Hat Style Boom out of Position Light/Alarm 80 GPM Variable Flow Water System 2500 PSI Water Pressure 1" x 600' Piranha Sewer Hose, 2500 PSI Hydraulic Extending/Rotating 15" Hose Reel (1" x 800') Capacity Module Paint, Dupont Imron Elite - Sanded Primer Base – Grey N2120 Debris Body Flush Out System Debris Body Load Limit Alarm functionally tied to Vacuum Relief 6" Knife Valve w/Cam-Loc, Rear Door, 3:00 Position Externally Mounted Trash Pump w/Screen Full Rear Door Swinging Screen Centrifugal Separators Folding Pipe Rack, Curbside Folding Pipe Rack, Streetside Lube Manifold Plastic Lube Chart Air Purge Wireless Belly Pack Rotatable Boom Inlet Hose, Telescoping Boom Cold Weather Recirculator, PTO Driven, 25 GPM Rodder System Accumulator- Jack Hammer on/off control w/ manual valve Hydro Excavation Kit, Hannay Brand Retract Reel, 1/2"x50' Hose and Nozzle, Standard Location Handgun Couplers, Front and Rear Automatic Hose Level Wind Guide, Non-Indexing Fan Flushout System Cyclone Washout System Handgun Hose Reel w/ Spring Retract, Hannay Brand, Standard Location Rodder Pump Drain Valves Hydraulic Oil Temp Alarm Rear Directional Control, Signal Master Arrow Board, 10 Lights 92 of 629 Quote # 2018-25250 (Rev. 2) Page 3 of 3 Front Directional Control, Signal Master LED Arrow Stick, 8 Lights 6 Lighting Package, 6 Federal Signal Strobe Lights, LED LED Mid-Ship Turn Signals Debris Body-Up Alarm Worklights (2), LED, Telescoping Boom Worklights (2), LED, Rear Door Worklight, LED, Operators Station Worklight, LED, Curb Side Toolbox, Front Bumper Mounted, 16 x 12 x 18 w/(2) LED Side Markers Toolbox, Behind Cab Toolbox, Driver Side Chassis Frame, 24w x 24h x 24d Toolbox, Driver Side Subframe, 60w x 20h x 12d (4) Long Handle Tool Storage Locations Behind Cab Camera System, Front, Rear and Both Sides Safety Cone Storage Rack - Post Style Electronic Debris Body Vibrator Guzzler Style Tubes in lieu of Standard Style (2) Complete Printed Hard Copy Vactor Manuals SPARE WHEELS AND TIRES Spare Steer Wheel and Tire Spare Drive Wheel and Tire ELECTRONIC TROUBLESHOOTING AND DIAGNOSTIC EQUIPMENT MIL Spec Ruggedized Diagnostic Laptop Cummins Insite Software First Year Insite User License Kenworth Onboard Diagnostics Communication Adapter and Cables 93 of 629 Central Illinois Trucks, Inc. C251 VACTOR MFG/STANDARD EQUIP 3030 May Rd. 1621 S. ILLINOIS ST Peru, Illinois United States 61354 STREATOR, Illinois United States 61364 Phone:Phone:(815) 672-3171 Fax:Fax: Email:Contact Email: Prepared for:Default Contact Vehicle Summary Unit Chassis Model:T400 Series Conventional.Fr Axle Load (lbs):20000 Type:FULL TRUCK Rr Axle Load (lbs)46000 Description:Standard Equipment Low Height POKT370A-2019.0 G.C.W. (lbs):66000 Application Road Conditions: Intended Serv.:Construction. Vehicles used in the construction Class A (Highway)85 Commodity:Excavated earth Class B (Hwy/Mtn)10 Class C (Off-Hwy)05 Body Class D (Off-Road)00 Type:Vacuum tank Maximum Grade:6 Length (ft):23.0 Wheelbase (in):260 Height (ft):12.0 Overhang (in):71 Max Laden Weight (lbs):22000 Fr Axle to BOC (in):67 Cab to Axle (in):193 Trailer Cab to EOF (in):264 No. of Trailer Axles:0 Overall Comb. Length (in):381 Type: Length (ft):0.0 Special Req. Height (ft):0.0 U.S. Domestic Registry, 50-State Kingpin Inset (in):0 Corner Radius (in):0 Restrictions Length (ft):120 Width (in):102 Height (ft):15.0 Approved by: Date: Note: All sales are F.O.B. designated plant of manufacture. Ask your dealer for a quote today, or visit our website @ www.paccarfinancial.com. PACCAR Financial offers innovative finance, lease and insurance programs customized to meet your needs. Unpublished options may require review/approval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. Printed:4/23/2018 3:37:08 PM Complete Model Number:T400 Series Conventional. Effective Date:Jul 1, 2017 Quote/DTPO/CO:Q33625400 Prepared by: ID: GRANT MAGERKURTH Version Number:40.30 Page 1 of 1125467-637B-0176 94 of 629 Central Illinois Trucks, Inc. C251 VACTOR MFG/STANDARD EQUIP 3030 May Rd. 1621 S. ILLINOIS ST Peru, Illinois United States 61354 STREATOR, Illinois United States 61364 Phone:Phone:(815) 672-3171 Fax:Fax: Email:Contact Email: Prepared for:Default Contact Data Code Description $ List Weight Model 0000410 O T400 Series Conventional.117,203 11,511 0070070 O T440 6x4 Class 8 00 0072001 O Chassis operation will include 00 stationary application used in lower 48 states [US only]. Stationary operation is defined as running the engine under load while stationary at a substantial fraction of engine gross horsepower (60% or greater) for an extended period of time (longer than 5 - 10 minutes). 0080050 O CARB Idle Emissions Reduction Feature for PX-7 100 0 and PX-9 0090062 O T440 6x4 Class 8 00 0091220 O Excavated earth 00 0093130 O Construction. Vehicles used in the construction 00 industry, other than those listed above. Use typically involves operating on the jobsite, to pick up or deliver construction materials, or to position the vehicle for its intended use at the construction site. Includes such activities as delivery of precast concrete, concrete pumpers, flatbeds or roll-offs for delivery of construction materials or equipment, etc. Typically includes some operation off of paved roads. Road usage: any combination, which includes some Class C. 0095165 O Vacuum tank 00 0098025 O U.S. Domestic Registry, 50-State 00 Engine & Equipment 0129569 O PACCAR PX-9 370 2017 370@2000 365@2100 1250@1400 8,369 0 Includes turbo exhaust brake, no code is used. Diagnostic Plug for data link, Oil Cooler, Aluminum Flywheel Housing. N09200 N205 120..Standard Maximum Speed Limit [LSL] N09220 N207 0....Expiration Distance N09240 P09 120...Hard Maximum Speed Limit N09260 P14 64...Maximum Accelerator Pedal Vehicle Speed N09280 P16 0....Accelerator Lower Droop N09300 P19 64...Maximum Cruise Speed N09320 C143 0....Cruise Control Lower Droop N09360 N203 252..Reserve Speed Function Reset Distance N09380 N202 0....Maximum Cycle Distance N09400 N206 10...Maximum Active Distance N09420 N201 0....Reserve Speed Limit Offset N09440 P11 NO...Engine Protection Shutdown Unpublished options may require review/approval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. Printed:4/23/2018 3:37:08 PM Complete Model Number:T400 Series Conventional. Effective Date: Jul 1, 2017 Quote/DTPO/CO:Q33625400 Prepared by:ID: GRANT MAGERKURTH Version Number:40.30 Page 2 of 1125467-637B-0176 95 of 629 Data Code Description $ List Weight N09460 P06 NO...Gear Down Protection N09480 P26 1400.Max PTO Speed N09500 P02 NO...Cruise Control Auto Resume N09520 P04 NO...Auto Engine Brake in Cruise N09540 N209 0....Expiration Distance N09560 P520 YES..Enable Idle Shutdown Park Brake Set N09580 P32 5....Timer Setting N09600 P233 YES..Enable Impending Shutdown Warning N09620 P234 60...Timer For Impending Shutdown Warning N09640 P516 35...Engine Load Threshold N09680 P33 NO...Idle Shutdown Manual Overrule N09720 P230 YES..Enable Hot Ambient Automatic Overrule N09740 P46 40...Low Ambient Temperature Threshold N09760 P56 60...Intermediate Ambient Temperature Threshold N09780 P47 80...High Ambient Temperature Threshold 1000155 O Prospector version 41.2 00 Replaces Prospector version 41.1 1000684 O Effective VSL Setting NA 00 1000858 O Engine Idle Shutdown Timer Disabled 00 1000859 O Enable EIST Ambient Temp Overrule 00 1000860 O Enable EIST in PTO Mode 00 Use only with MX and Cummins engines 1000891 O Eff EIST NA Expiration Miles 00 Use only with MX and Cummins engines 1002060 S Air compressor: Cummins 18.7 CFM For Cummins And 00 PACCAR PX engines. 1051092 S Engine mount Powercore air cleaner.00 w/constant torque SS clamps, pop-up air restriction indicator. Pop-up indicator is standard. 1105230 O Fan Hub: Horton 2-Speed for ISL9, ISL-G,385 0 PX-8 or PX-9 1122505 S Cooling module: 1300 square inches.00 Includes aluminum radiator core, aluminum charge air cooler, translucent surge tank and washer bottle, silicone hoses, and extended life coolant. Drain valve is not available w/Allison transmissions. 1160205 O Bug screen: Front of grille on C500 ,T800, T880,219 2 and W900. Behind grille on T660, T680, and T300 (Medium Duty). 1247166 S Exhaust: 2017 EPA RH Under DPF/SCR w/ RH 00 side of cab vertical tailpipe w/ daycabs, extended daycabs, or modular sleepers. 1290118 U Tailpipe: 5 in. Single 18 in. 45 degree -18 0 curved. 1321145 O Fuel Filter:Fleetguard FS1003 00 Fuel/Water Separator for PX-9 1321200 O Run Aid:None 00 *For Fuel Filter Unpublished options may require review/approval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. Printed:4/23/2018 3:37:08 PM Complete Model Number:T400 Series Conventional. Effective Date:Jul 1, 2017 Quote/DTPO/CO:Q33625400 Prepared by: ID: GRANT MAGERKURTH Version Number:40.30 Page 3 of 1125467-637B-0176 96 of 629 Data Code Description $ List Weight 1321305 O Start Aid:12V Heat 64 1 *For Fuel Filter 1500029 O Kenworth Fuel Cooler 195 6 Required for Cummins engines with a single fuel tank. Required for PACCAR MX-13 engine with a single fuel tank and stationary use: High RPM, low vehicle speed, sustained for longer than 1 hour. Optional for all other applications. 1504002 O Immersion block heater 120V 1000W w/plug under 115 0 door on C500, T660, T800 & W900. 1509029 U Shutoff valves for trailer heat with ho 211 0 ses routed 1816260 O Alternator: PACCAR 160 amp, brush type 00 1821225 O Batteries: 2 PACCAR GP31 threaded post (1000)-26 4 2000 CCA starting. 1836100 S Starter: PACCAR 12 volt electrical system. W/00 centralized power distribution incorporating plug-in style relays. Circuit protection for serviceability, 12-volt light system w/circuit protection circuits number & color coded. 1900082 O Multi-function engine connector for body builder 54 0 interface for Cummins. 1900996 O Jump start terminals under hood.208 12 1901078 O J1939 HARNESS EXTENSION UNDER HOOD AT FIREWALL,135 0 DRIVER SIDE Transmission & Clutch 2011003 U Allison 3000RDS Cooler Lines Run to Por 16 0 ts 2011205 O Transmission: Allison 3000RDS 6-speed 14,526 291 w/PTO drive gear. 5th Gen controls. Includes heat exchanger & oil level sensor. Rugged Duty Series for vocational applications. Transynd transmission fluid is standard on all Allison 1000, 2000, 3000 & 4000 series transmissions. Requires a push button shift control code. Oil temperature gauge is standard on class 8 models. 2406802 O Driveline: 3 SPL170XL 2 centerbearing 1,867 152 requires 3500057 interaxle driveline. 2410018 O Torque converter included w/Allison 00 Transmission. 2410072 U Auto neutral not required this applicat 00 ion. 2410151 O Pushbutton control center console mounted.00 Class 8 with Allison Transmission. 2410204 O Delete Allison FuelSense 00 2410433 U Allison 5th Gen RDS PKG 172 for 3000,00 2429100 O Chassis will be fitted w/ LH transmission PTO.00 (Prevents ECU F/Interfering w/ PTO Only). Unpublished options may require review/approval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. Printed:4/23/2018 3:37:08 PM Complete Model Number:T400 Series Conventional. Effective Date: Jul 1, 2017 Quote/DTPO/CO:Q33625400 Prepared by: ID: GRANT MAGERKURTH Version Number:40.30 Page 4 of 1125467-637B-0176 97 of 629 Data Code Description $ List Weight 2429101 O Chassis will be fitted w/RH transmission PTO.00 (Prevents ECU F/Interfering W/PTO Only) 2460068 U OPT LOC TRANS OIL COOLER FOR BODY CLR. 00 Allison Only. 2480315 O Severe Service rear transmission support 76 15 spring(s). Front Axle & Equipment 2517020 O Meritor MFS20 Front Axle rated 20K 1,822 150 3.5 in. drop, standard track. 2621078 O Front Brakes: 22K Bendix ES S-cam 16.5x6 in.-110 -46 2659047 O Front dustshield: for drum brakes:72 6 all front axles. 2690035 O Front Brake Drum: 22,000 lbs. 16-1/2x6 in. Cast.-47 104 2702022 O Front Hubs Iron hub pilot 22,000 lbs. 10 Bolt 267 80 16.5x6in. or 7in. or air disc brakes. 10 Bolt, 11-1/4 in. bolt circle. Consider Wheelguards (5850002) with aluminum wheels. 2741970 S ConMet PreSet Plus Hub package; front axle.00 2750001 S Hubcap: front vented.00 2765001 O Front Auto Slack Adjuster.00 2866020 O Front Springs: Taperleaf 20K w/ shock absorbers 1,107 241 w/ maintenance-free elastomer spring pin bushings. Standard with rubber pins except for C500 which has threaded pins. W900S only. Not available on W900L. W900B use 2866021. 2893622 O Dual power steering gears: 20K TRW TAS65.1,205 60 2899336 O Power Steering Cooler:Radiator Mounted Air-to-Oil 275 11 Rear Axle & Equipment 3142171 O Dual Meritor RT46-164PEH rear axle rated at 46K 12,797 2,507 w/ heavy wall housing. Tandem rear axles. 3200538 O Rear Axle Ratio - 5.38.00 3334004 O Dual Rear Brakes 16-1/2x7 in. to 46K;00 Bendix ES-extended service S-cam. 3392005 O Dual Rear Brake Drums: cast.00 3403460 O Dual Rear Hubs: Iron hub pilot 11-1/4 in. BC.49 104 3441972 O ConMet PreSet Plus Hub package; dual rear axle.00 3465002 O Dual Rear axle automatic slack adjusters.00 3485209 O Spring Brake: 3030 high output dual.00 3490047 O Dustshields for drum brakes: all rear axles.101 11 3495226 S Bendix 4S/4M anti-lock brake system.00 3500057 O Interaxle driveline 1 Dana SPL170XL 432 -4 Unpublished options may require review/approval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. Printed:4/23/2018 3:37:08 PM Complete Model Number:T400 Series Conventional. Effective Date:Jul 1, 2017 Quote/DTPO/CO:Q33625400 Prepared by: ID: GRANT MAGERKURTH Version Number:40.30 Page 5 of 1125467-637B-0176 98 of 629 Data Code Description $ List Weight 3511420 O Driver Controlled Differential Lock (Crosslock)2,168 39 for Meritor Axles 40K to 52K forward rear & rear rear axle. Under Speed Interlock is standard on T680. 3573110 O Separate flip valve for dual axles:52 0 differential lock or crosslock. 3742020 O Rear suspension: Tandem Hendrickson Primaax EX462 6,596 569 46K. Steel crossmember & gussets. 54 in. axle spacing. 10 in. ride height. Tires & Wheels 4077535 O Front tires: Bridgestone M860A 315/80R22.5 20PR.619 94 42.8 in. diameter, all position. 19.9 in. SLR. 4217415 U Rear Tires: Michelin X Multi D 295/60R2 1,692 0 2.5 18PR 4880000 O Tires selected limit top vehicle speed delivery 00 requirements may apply see TE-1127/1045. Speed restricted tires. 4900008 O Rear Tire Quantity: 8 00 5045268 O Front Wheel: Alcoa 89U63 22.5X9 AL 480 -39 Ultra ONE Wheel. 5245280 O Rear Wheel: Alcoa 89U64 22.5X9 AL 1,976 -96 Ultra ONE Wheel. 5859010 O Single Front Axle: 2 wheels Dura-Bright Buffed.252 0 Dura-Bright outboard surface of aluminum wheels. 5859012 O Dual Rear Axle Wheels: 4 wheels Dura-Bright 763 0 Buffed. Dura-Bright outboard surface of outer dual or single aluminum wheels. 5900008 O Rear Wheel/Rim Quantity: 8 00 Frame & Equipment 6054600 O Frame Rails: 10-5/8 x 3-1/2 x 5/16 in. Steel to 447 329 337 in. to 416 in. Truck frame weight is 2.91 lb.-in. per pair of rails. Section modulus is 14.80, RBM is 1,776,000 in-lbs per rail. Frame rail availability may be restricted based upon application, axle/suspension capacity, fifth wheel setting, or component/dimensional specifications. The results of the engineering review may result in a change to the requested frame rail. If a change is required Kenworth Application Engineering will advise the dealer of the appropriate material specification for a substitute rail. 6141600 O Full Steel Insert: for 10-5/8 in. or 10-3/4 in.1,700 722 Steel 337 in. to 416 in. or 2nd insert for 11-5/8 in. steel frame. Adds 1,149,000 in-lb to main rail RBM. Truck insert weight is 2.05 lb.-in. per pair of rails. Full frame insert length is equal to wheelbase plus rear frame cutoff plus dimension forward of front axle by model: T660, T680, T800, T880 = 21.26 in.; C500B = bumper setting minus 0.79 in.; W900B = 5.27 in., W900L = 1.50 in., W900S = 3.27 in.; T440/T470 50 in. bumper setting = 21.26 in., T470 73 in. bumper setting = 72.3 in. 6309910 O Delete bumper: Requires a bumper setting code.-315 -94 6319050 S 50 in. Bumper setting. Requires a bumper code.00 6390103 S Front mudflaps.00 Unpublished options may require review/approval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. Printed:4/23/2018 3:37:08 PM Complete Model Number:T400 Series Conventional. Effective Date: Jul 1, 2017 Quote/DTPO/CO:Q33625400 Prepared by: ID: GRANT MAGERKURTH Version Number:40.30 Page 6 of 1125467-637B-0176 99 of 629 Data Code Description $ List Weight 6391201 O Custom Frame Layout: one chassis 1,380 0 CFL C/M:DELETE REAR SUSPENSION CFL C/M:CROSSMEMBER FOR AFTERFRAME AIR CFL C/M:TANKS CFL A/D:USE DRYER BRKT G11-1740R, DRYER CFL A/D:CLOSE AS POSS TO C/M FWD FWRD CFL A/D:OF DRIVE AXLE/DRYER FWRD CFL A/T:1 TANK UNDER BBOX, 1 TANK UNDER CFL A/T:RH RAIL FAR BACK AS POSSIBLE, 2 CFL A/T:TANKS IN OVERHANG CFL BBX:LOCATE AS CLOSE TO DPF/SCR AS CFL BBX:POSSIBLE CFL DEF:LOCATE AS CLOSE TO FUEL TANK AS CFL DEF:POSSIBLE 6400636 O Battery box cantilever aluminum BOC w/80 8 fiberglass cover. 6409902 O Battery box location: RH Side.93 15 6451094 O T470, C5, T6, T8 polished DPF/SCR or CNG cover 392 0 with step. For use w/ 2010 or later exhaust systems. For T8, use extended length polished battery box on opposite rail to match the length of under cab components. 6679995 O Customer will install structural end-of-frame 00 crossmember before vehicle is placed in service. 6721102 S Rear mudflap arms: Betts B-25 standard-duty,00 straight. Includes B1732 mounting brackets as standard. 6722094 O Rear mudflap shields: Black rubber anti-sail w/o 56 9 logo. 28 in. x 30 in., 25 in. thickness. 6742009 S Square end-of-frame w/o crossmember; non-towing.00 6790003 O Special frame drill: dealer to provide drawing 1,238 0 with dimensions and revision level. Acceptable hole diameters range from 10.2 mm to 40.4 mm. Preferred file format is .pdf. Not for use for rear suspension, fifth wheel or other published frame drilling code. Does not replace clear frame space requests or custom frame layout. N67980 Drwg#504400C REVC N67910 LAYOUT SAME AS 218723 Fuel Tanks & Equip 7210090 O Fuel Tank: 90 US gallon 24.5in. aluminum under 233 -28 replace. Class 8 fuel tanks w/ o locking caps include an anti-siphon device on the filler neck. 7722011 O Small round DEF tank. 11 gallons of 00 useable volume. The DEF tank will be located on the side you specified. If you have specific configuration or body builder concerns, please utilize the Custom Frame Layout option. Standard capacity is calculated by fuel capacity of the vehicle and will accommodate two diesel fill-ups for every DEF fill-up. For 1:1 DEF fuel fill ratio, add 7889204. 7831008 O 6 in. wide lower fuel tank step, for one 22 in.33 2 or 24.5 in. tank LH. Unpublished options may require review/approval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. Printed:4/23/2018 3:37:08 PM Complete Model Number:T400 Series Conventional. Effective Date:Jul 1, 2017 Quote/DTPO/CO:Q33625400 Prepared by: ID: GRANT MAGERKURTH Version Number:40.30 Page 7 of 1125467-637B-0176 100 of 629 Data Code Description $ List Weight 7881300 O Welded-in fitting w/ gasket & cover plate for 28 0 mounting customer-installed fuel tank heater. 7881310 U Plate and gasket moved to rear of fuel 50 0 tank. 7889203 O Standard DEF to fuel fill ratio: 2:1 or greater.00 7889245 O Anti-siphon device swaged in place.58 1 For any number of fuel tanks. 7889604 O DEF tank location is on the LH.00 7920090 O Location: 90 gal fuel tank LH under cab 00 Cab & Equipment 8024310 S Cab: Curved Glass Conventional.00 Cab Includes aluminum & fiberglass fully hucked cab w/ all aluminum bulkhead doors & continuous stainless steel piano-style door hinges. Single electric horn standard. Incandescent exterior lights include diagnosable bulb detection and warning. Trailer cable on tractors includes integrity detection. Standard features include multiplex wiring for interior lights, automated pre-trip inspection, short and open check diagnostics. Warning alarm will sound when lights are left on. 8080137 O Cab door bearing blocks, top & bottom.29 0 8090450 S Hood: Sloped Aerodynamic T440 Hood.00 Includes hood and mounted grille, split fenders w/ mudflaps, & separate bumper. 8108010 S Cab heater: W/integral defrosters & A/C 45,000 00 btu cab heater. No sleeper heater/AC. Includes 5 mode rotary control. T660 include filter media. 8201013 S Steering wheel: 18 in. 4-spoke.00 8201200 O Adjustable telescoping tilt steering column.357 10 8203060 O 5 sets of keys. Replaces standard 2 sets of keys.28 0 8208580 O 30 Amp Power Lead With Ground. Wired Through 80 0 Accessory To Behind Rider Seat. 8221144 O Gauge: Air suspension pressure gauge.89 0 8282004 S KW Driver Information Center: Includes fuel 00 economy, RPM display, trip information, truck information, diagnostics, gear display, alarm clock. 8282009 S Instrument package: Includes speedometer,00 tachometer, fuel gauge, engine coolant temperature gauge, engine oil pressure, voltmeter. Class 8 also includes primary & secondary air reservoir gauges & an air application gauge. DEF level gauge and warning lamp are included with 2010+ engines. Engine hour meter and outside air temperature readouts are standard. Primary read out will be MPH. Add 8240620 to switch primary scale to KPH in Canada. 8282107 S Large flat panel on dash For customer-installed 00 controls. Reduces gauge count by 6. Unpublished options may require review/approval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. Printed:4/23/2018 3:37:08 PM Complete Model Number:T400 Series Conventional. Effective Date: Jul 1, 2017 Quote/DTPO/CO:Q33625400 Prepared by: ID: GRANT MAGERKURTH Version Number:40.30 Page 8 of 1125467-637B-0176 101 of 629 Data Code Description $ List Weight 8331140 S Cab Interior: Summit. T440/T470 Only. Includes 00 smooth upholstered side & back panels w/stitched accent lines, upholstered door pads, full vinyl headliner, black dash panels & black rubber floormats. 8343304 S Interior color: Slate Gray w/trim Dark Slate Gray 00 8410491 O Driver seat: Kenworth Air cushion Plus HB Mordura 150 0 Standard features includes 7 in. fore and aft slide adjustment w/isolator, 6- 23 degree recline, air suspension with cover, dual armrests, and single chamber air lumbar support. Seat cushion is 20 inches wide w/ 2-position tilt and 2-position front cushion extension. Seat material has a horizontal stitch pattern and is 2-tone in color. Seat back is carpeted and includes a map pocket. Seat is manufactured by National. Includes inside visor and retractable 3-point matching seat belts. Grey seat belts. 8480491 O Rider seat: Kenworth Air cushion Plus HB Mordura.468 17 Standard features includes 7 in. fore and aft slide adjustment w/isolator, 6- 23 degree recline, air suspension with cover, dual armrests, and single chamber air lumbar support. Seat cushion is 20 inches wide w/ 2-position tilt and 2-position front cushion extension. Seat material has a horizontal stitch pattern and is 2-tone in color. Seat back is carpeted. Seat is manufactured by National. Includes inside visor and retractable 3-point matching seat belts. Grey seat belts. 8490170 O Seat color: All Jet Black.00 8601422 O Kenworth Radio with AM/FM/WB/CD/USB and Bluetooth 499 4 8700108 O Under dash center console: Includes one cupholder 26 0 & two 12V outlets. For use w/Autoshift, Ultrashift, & Allison Gen IV only. 8700168 S Non-self cancelling turn signal: W/column-mounted 00 headlight dimmer switch & intermittent wiper control. 8700186 S Electric LH & RH door locks.00 8700405 O Stainless steel permit panels on cab.118 13 8800200 S Cab access contoured grabhandles, LH/RH.00 8800400 S Grabhandle: LH inside door frame above dash.00 8800401 S Grabhandle: RH inside door frame above dash.00 8832115 O Daylite Door: LH/RH includes RH peeper window 00 8841411 S Single air horn under cab.00 8850300 S Look-Down, Pass. Door, Stainless 8.5x4.4 00 8865001 O Mirror: Dual Kenworth aerodynamic heated 793 26 motorized 7 in. x 13 in. mirror w/ chrome shell. LH/RH convex mirrors 5 in. x 7 in. heated. Mirror brackets set for 8 1/2 ft load width. Switch located on door pad. 8871438 S Rear Cab Stationary Window 17 in. x 36 in.00 8879213 O Electric-powered LH & RH door window lifts.309 0 Switch located on door. 8890100 S One-piece windshield, w/ curved glass.00 Unpublished options may require review/approval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. Printed:4/23/2018 3:37:08 PM Complete Model Number:T400 Series Conventional. Effective Date:Jul 1, 2017 Quote/DTPO/CO:Q33625400 Prepared by: ID: GRANT MAGERKURTH Version Number:40.30 Page 9 of 1125467-637B-0176 102 of 629 Data Code Description $ List Weight 8890134 O Exterior aerodynamic sunvisor w/ integral marker 271 0 lights. 8890351 O 2 in. rubber wheelwell fender extension.164 8 8890898 O Link Cabmate suspension.598 22 8891000 O Quiet Cab Package: For Non-VIT Interiors.171 77 Includes Firewall Insulation & Floor Covering w/ Sound Deadening Materials and Cowl Blanket Lights & Instruments 9010801 S Headlamps: Halogen Projector Low Beam, Halogen 00 Complex Reflector High Beam 9026205 O Marker Lights: Five aerodynamic, LED mounted in 21 0 sunvisor. 9030010 S Turn Signal Lights: Mounted on fender 00 9030052 O LED Stop,Turn,Tail: With Two LED 53 2 Backup Lights and With An LED License Plate. 9090000 O Daytime Running Lamps.147 0 9090039 S Marker Lights: Interrupter Switch.00 Included in Turn Signal For All Models Except T3. The T3 Switch Is In The Dash. 9090126 O Electric Backup Alarm: Meets SAE J994 & OSHA 133 4 requirements. 9090301 O Junction Box: Under cab 159 1 9090845 O Circuit Breakers: Replacing fuses. Does not 42 0 apply to any 5-amp fuse box position. Brakers include stop/brake/turn, tail lamp, high & low beams, marker/clearance lamps, horn, fuel heat, gauges, air dryer, HVAC controls, panel lamps. Some circuits will remain fuses. Air Equipment 9101215 S Air Dryer Bendix AD-IS heated Puraguard 00 9108001 S Moisture ejection valve w/ pull cable drain.00 9140020 S Nylon air tubing in frame & cab, excluding hoses 00 subject to excessive heat or flexing. 9140252 O Locate air dryer inside LH rail BOC.00 This code requires the use of a custom frame layout code. Extended Warranty 9200008 O Base Warranty - PACCAR PX-9 Engine 00 24 months / 250,000 miles / 402,336 km / 6250 hours. 9200021 O Base Warranty - Standard Service Heavy Duty 00 12 months / 100,000 miles / 160,000 km. Miscellaneous Unpublished options may require review/approval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. Printed:4/23/2018 3:37:08 PM Complete Model Number:T400 Series Conventional. Effective Date: Jul 1, 2017 Quote/DTPO/CO:Q33625400 Prepared by: ID: GRANT MAGERKURTH Version Number:40.30 Page 10 of 1125467-637B-0176 103 of 629 Data Code Description $ List Weight 9400072 O Ship to Dealer.00 9409852 O GHG Secondary Manufacturer: Does Not Apply 00 Paint 9700000 O Paint color number(s).00 N97020 A - L0006 WHITE N97200 FRAME N0001 BLACK 9943050 O Day Cab Standard Paint 00 9944820 O 1 - Color Paint - Day Cab 00 Color will be White if no other color is specified. 9965510 S Base coat/clear coat.00 The Kenworth Color Selector contains additional instructions, as well as information on Kenworth paint guidelines and surface finish applications. Kenworth is standard with Dupont Imron Elite paint. 16933 lb Prices and Specifications Subject to Change Without Notice. Unpublished options may require review/approval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. Printed:4/23/2018 3:37:08 PM Complete Model Number:T400 Series Conventional. Effective Date:Jul 1, 2017 Quote/DTPO/CO:Q33625400 Prepared by: ID: GRANT MAGERKURTH Version Number:40.30 Page 11 of 1125467-637B-0176 TOTAL WEIGHT 104 of 629 For the City Council Meeting of May 10, 2010 Item # For City Council Meeting of May 14, 2018 Item A3.2 Business of the City by Motion: Revised Purchase of a Public Works Agency Vehicle For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Kimberly Richardson, Acting Director of Administrative Services Sean Ciolek, Division Manager of Facilities and Fleet David Waite, Fleet Supervisor Subject: Revised Purchase of One Vehicle for the Public Works Agency Date: May 14, 2018 Recommended Action: Staff recommends City Council approval for the purchase of one (1) vehicle, a 2019 Peterbilt Model 348, for operations in the Public Works Agency - Public Services Bureau. The vehicle will be purchased from JX Peterbilt (42400 Hwy 41, Wadsworth, IL 60083) in the amount of $206,258.00 through the National Joint Powers Alliance contract. Funding Source: Funding for the vehicle will be from the Equipment Replacement Fund (Account 601.19.7780.65550), which has a budget of $1,522,977. This expenditure represents 14% of this budgeted amount. Livability Benefit: Built Environment: Enhance public spaces Climate & Energy: Reduce greenhouse gas emissions Summary: This recommended vehicle purchase was originally approved in the amount of $104,880.00 at the Administration and Public Works Meeting on April 9, 2018. Before placing the order, staff discovered that there was a misunderstanding on the approved quote for the purchase of vehicle #613. Due to a number of changes and modifications during the quote solicitation, the quote that was thought to be the complete price was actually only the sub-vendor's quote for the RDS dump body. The confusion was that the quote indicated the cab and chassis model on it and therefore was thought to be the whole quote when it actually was not. The actual quote to be used should have been through JX Peterbilt with Monroe's dump body included with them as the sub-vendor. Staff has put a hold on the order with Monroe as the $104,880 that was originally Memorandum 105 of 629 2 approved will only cover the dump body and not the complete package with cab and chassis. Existing vehicle #613 has already been taken out of service due to the fire wall being rusted and having open gaps in it. The gaps are large and the wall is in danger of completely failing if the brake pedal is pressed with force. This is an important piece of snow removal as well as hauling equipment that supports daily operations of the Public Works Agency. Staff recommends that City Council approve the revised and complete quote of $206, 258.00 which covers all components including cab, chassis and dump body. The replacement of vehicle #613 (a 1998 with 87,743 miles), which has excessive use and engine time under harsh conditions, is crucial for safe, reliable, environmentally friendly, and cost effective operations. This Peterbilt is equipped with a PACCAR engine which delivers superior performance, reduces maintenance and offers excellent fuel economy. The existing vehicle being replaced will be auctioned off as Sale of Surplus. Fleet staff carefully weighs multiple variables and replaces vehicles accordingly. In an effort to not allow the fleet’s overall age to become imbalanced we are focusing our manpower and resources on newer and less worn equipment rather than older, antiquated vehicles which will absorb more time and more funds to repair and maintain over time. Our current replacement strategy focuses on mileage, engine time, age, reliability, maintenance cost and the operational environment the equipment is subjected to. All of these variables are considered when determining which vehicles should be replaced and when. The recommended replacement unit purchases are as follows: Dept./Division Unit # Replacement Description Model Year Purchase Price Type of Bid Vendor Public Works Agency (Public Services Bureau) 613 2019 Peterbilt Model 348 w/ Radius Dump Spreader (RDS) 2019 $206,259 NJPA Contract #081716- PMC JX Peterbilt The vendor (JX Peterbilt) qualifies for joint purchasing with the National Joint Powers Alliance Contract (NJPA) for this type of vehicle and will be utilized for the purchase of this one (1) unit. They have been a responsive and responsible bid winner in the past and as such, have provided efficient turn-around to our ordering and timely delivery needs. There are no Evanston Based Businesses that can provide these types of vehicles. Attachments Quotes and specifications for one (1) replacement vehicle purchase 106 of 629 107 of 629 108 of 629 109 of 629 110 of 629 111 of 629 112 of 629 113 of 629 114 of 629 115 of 629 116 of 629 117 of 629 118 of 629 119 of 629 120 of 629 121 of 629 122 of 629 For City Council meeting of May 14, 2018 Item A3.3 Business of the City by Motion: Lakefront Concession Contract Renewal For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Lawrence C. Hemingway, Director, Parks, Recreation & Community Services Bob Dorneker, Assistant Director, Park and Recreation Subject: 2018 Lakefront Concession Contract Renewal with Krave Concession LLC Date: May 14, 2018 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a one-year contract renewal between the City of Evanston and Krave Concession LLC for the Church and Clark Street food & drink stands and the lakefront mobile concessions (Lighthouse, Clark St., Greenwood St., South Blvd. and Lee Street) for the 2018 season. Krave Concession LLC is now owned by Brian Fogle, 5313 West 123rd Place, Alsip, Illinois 60803. Funding Source: Krave Concession LLC will pay the City $10,000 for the privilege of the 2018 permit. Revenue is budgeted in Business Unit 100.30.3080.53565 Lakefront Operations. The 2018 budget for concession permit revenue was projected at $10,000 and overall revenue for Lakefront Operations is $795,000. Livability Benefit: Economy and Jobs: Expand job opportunities and develop workforce. Summary: The term of the 2017 agreement included the option to renew their contract annually for up to two additional years. The lakefront mobile and Clark Street concession permit is from May 15, 2018 through September 3, 2018. The Church Street Food & Drink Stand permit is from May 15, 2018 through October 31, 2018. Krave Concession will operate the Clark Street Beach and Mobile Lakefront Concessions daily from 11:30 am to 6:00 pm and the Church Street location on weekdays from 11:00am to 6:30pm and weekends from 10:00 am to 7:00 pm, weather permitting. The vendor must minimally provide the following items for sale: snack goods Memorandum 123 of 629 (i.e., potato chips, candy bars and pretzels), ice cream, candy, water, soft drinks, and hot food, such as hot dogs and hamburgers. Also, in an effort to promote healthy lifestyle choices, the Parks, Recreation and Community Services Department staff has encouraged the concessionaire to provide several healthy foods and drink options, as well. • 2017 Invitation to Submit a Proposal to Operate Concessions at the Evanston Lakefront In February 2017, staff solicited Evanston and non-Evanston vendors to submit proposals for the Church and Clark Street Food & Drink Stand and the Lakefront Mobile Concessions. The only proposal received was from Krave Concession LLC. Krave Concession LLC was first awarded the Lakefront Concession permit in 2009 and they have provided good services since first being awarded the permit. Mr. Fogle, the new owner of Krave Concession LLC is very knowledgeable about concession operations and currently operates refreshment stands at three Chicago Park District sites. He is also committed to hiring Evanston residents for open positions. Attachment: Contract Agreement with Krave LLC . 124 of 629 LAKEFRONT CONCESSION LEASE AGREEMENT BETWEEN THE CITY OF EVANSTON, LANDLORD AND KRAVE CONCESSION, TENANT 125 of 629 INDEX Section Title Page Number SECTION 1. DESCRIPTION OF PREMISES ......................................................................... 1 SECTION 2. TERM ................................................................................................................ 1 SECTION 3. RENT ................................................................................................................. 2 SECTION 4. COMMON FACILITIES ...................................................................................... 2 SECTION 5. USE OF PREMISES .......................................................................................... 4 SECTION 6. SIGNS ............................................................................................................... 6 SECTION 7. DEFECTS; DEFECTIVE CONDITION; WIND; ACTS OF THIRD PERSONS ......................................................................................................... 6 SECTION 8. CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT ............................ 7 SECTION 9. REPAIRS AND MAINTENANCE ....................................................................... 8 SECTION 10. UTILITIES .......................................................................................................... 8 SECTION 11. TAXES ............................................................................................................... 8 SECTION 12. INSURANCE ..................................................................................................... 8 SECTION 13. SUBLETTING; ASSIGNMENT .........................................................................10 SECTION 14. SURRENDER OF PREMISES; HOLDING OVER .............................................10 SECTION 15. INDEMNIFICATION AND LIENS ......................................................................10 SECTION 16. LANDLORD’S RIGHT OF INSPECTION AND REPAIRS .................................11 SECTION 17. DEFAULT AND REMEDIES .............................................................................11 SECTION 18. REMOVAL OF OTHER LIENS .........................................................................12 SECTION 19. REMEDIES NOT EXCLUSIVE ..........................................................................14 SECTION 20. EXPENSES OF ENFORCEMENT ....................................................................14 SECTION 21. EMINENT DOMAIN ..........................................................................................14 SECTION 22. GOVERNMENTAL INTERFERENCE WITH POSSESSION .............................15 SECTION 23. PEACEFUL ENJOYMENT ...............................................................................15 SECTION 24. EFFECT OF WAIVER OF BREACH OF COVENANTS ....................................15 SECTION 25. AMENDMENTS TO BE IN WRITING ................................................................15 SECTION 26. PARTIES BOUND ............................................................................................15 SECTION 27. NOTICES ..........................................................................................................16 SECTION 28. MISCELLANEOUS ...........................................................................................16 SECTION 29. VENUE AND JURISDICTION ...........................................................................17 SECTION 30. FORCE MAJEURE ...........................................................................................17 126 of 629 1 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 Krave Concession, LLC., an Illinois limited liability company d/b/a “Krave Concession (“Tenant”). Landlord and Tenant may be referred to collectively as the “Parties”. SECTION 1. DESCRIPTION OF PREMISES A. TENANT PREMISES. Landlord leases to Tenant and for its exclusive use the concession spaces located at 1631 Sheridan Road and 1811 Sheridan, Evanston, Illinois 60201 (the “Premises”), and located within the buildings commonly known as the Arrington Lagoon Building and the Clark Street Beach Facility (“Property”). Additionally,, the city hereby grants to the tenant the use of a concession wagon space within the park area at Lighthouse Beach, Clark Street Beach, Greenwood Street Beach, Lee Street Beach and South Blvd. Beach for the sale of food and beverages known hereinafter collectively as “Concessions.” B. COMMON FACILITIES. The Property has various community programming for the Parks, Recreation and Community Services Department of the City of Evanston, 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, café seating, patio seating, sidewalks, 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. The Tenant may request for consideration to the Director of Park, Recreation and Community Services or his/her designee the use of the Arrington Lagoon party room for temporary overnight storage of equipment. If approved, the Tenant must adhere to the move in and move out time. Failure to comply will result in cancellation of this privilege. C. Menu The Tenant is expected to serve quality food and drinks to meet the needs of the visiting public. Simple menu items, such as sandwiches, hot dogs, nachos, and other snacks should be offered at competitive prices. Also, in an effort to promote healthy lifestyle choices, the Parks, Recreation and Community Services Department encourage the vendor to provide several healthy foods and drink options. Beverages should 127 of 629 2 include sodas, juice drinks, and bottled water. Beer and wine sales are not permitted. D. Operation/Classification The Tenant must provide all equipment necessary to operate the Church Street Food and Drink Stand, the Clark Street Food and Drink Stand and the mobile stands (trucks, trailers and pushcarts). The stands must adhere to state and local codes and be licensed with a City of Evanston Health Department License Permit prior to being placed in service. Stands will be allowed to park only in areas that have been pre-approved by the Director of the Parks, Recreation and Community Services Department. The Church Street Food & Drink Stand is classified as a Category II concession by the Evanston Health Department. E. Employees The Vendor shall, at their cost and expense, provide an adequate number of employees to serve the public promptly, efficiently, and in a manner satisfactory to the Director of Parks, Recreation & Community Services. All employees shall be clad in neat and clean uniforms with name tags. The Vendor shall employ only competent persons who perform satisfactorily. The Director of Parks, Recreation and Community Services shall notify the Vendor, in writing, when any person employed on the premises is incompetent, disorderly, unsanitary or otherwise unsatisfactory. In response, the Vendor must immediately take corrective action with the person, up to removal from performing under this contract (permanently). F. Meetings. Meetings shall be held as required at a City building and time to be designated and agreed upon mutually by the Tenant and the Director of Parks, Recreation & Community Services. The purpose of these meetings will include current operational problems, presentation of official requests for changes in schedules, accommodations, portions, products or policies and other pertinent business. The Director of Parks, Recreation and Community Services or designee(s) shall attend. The Tenant shall be represented at a minimum by one officer of the company, a partner if a partnership, or the owner, as applicable. 128 of 629 3 SECTION 2. TERM • TERM DEFINED: Contracted season of May 15 through October 31, 2018. The term of this Agreement will be for the 2018 season. • EVALUATION: At the end of the 2018 season, the Parties will meet to discuss the operations, hours of operation, special events, and any other operational concerns. A. EVENTS IN THE PREMISES AND PROPERTY: Tenant is not the exclusive caterer for City sponsored events at the Property. However, the City will seek to utilize Tenant for events during the Term. SECTION 3. RENT • RATE: Lessee will be subject to • In consideration for the use of the premises for the sale of concessions the Tenant agrees to the pay the $10,000 permit fee in three equal payments. The first payment will be due on June 1st, the 2nd payment on July 15th and the final payment on September 1st. • A. PAYMENTS. The Rent outlined in Section 3[A] above shall be paid in accordance with said Section. B. Any and all Rent PAYMENTS under this Lease shall be mailed to: City of Evanston Parks, Recreation, and Community Services Department 2100 Ridge Avenue Evanston, IL 60201 SECTION 4. COMMON FACILITIES A. MAINTENANCE BY LANDLORD: Tenant acknowledges that it leases 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: 129 of 629 4 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; 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). However, Landlord will not upgrade electric facilities to accommodate an increased capacity due to Tenant’s use and any upgrade in electrical will be at the sole cost and expense of Tenant and any work performed shall be done in consultation and review by the Landlord prior to work; 4. Plumbing and water facilities and systems (including the portions of such systems serving the Premises exclusively). However, Landlord will not upgrade plumbing facilities to accommodate an increased capacity due to Tenant’s use and any upgrade in plumbing will be at the sole cost and expense of Tenant and any work performed shall be done in consultation and review by the Landlord prior to work; B. MAINTENANCE BY TENANTS: 1. All refuse from Premises to be placed in appropriate containers; 2. 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 at the Tenant’s request. 3. 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 Center property attributable to Tenant’s negligence or intentional misconduct. All such damage must be reported in writing to the Director of Parks, Recreation and Community 130 of 629 5 Services, or his/her designee, by the next City of Evanston business day, after discovery of such damage by Tenants. 4. 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: Tenant shall have the use of the premises solely for the purpose of purveying and selling of Concessions. B. HOURS OF OPERATION AND LANDLORD ACCESS: • Tenant shall have the right to conduct their business at Evanston beaches (Lighthouse, Clark St., Greenwood St., Lee St., and South Blvd.) from Memorial Day weekend from approximately 10:30 a.m. to 7:30 p.m. until Labor Day. However, the parks may be used by the public during all hours that the parks are open; parks close at 11:00 p.m. Concession services must be provided at all five of the swimming beaches. • Tenant shall at a minimum operate refreshment concession services on weekends at the Arrington Lagoon Food & Drink Stand between the hours of 10:00 a.m. and 5:00 p.m., weather permitting or during hours designated and agreed upon with the Director of the Parks, Recreation and Community Services Department. The Arrington Lagoon Food & Drink Stand can remain open until October 31. 1. 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 131 of 629 6 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, to inspect the same, and to make such repairs, alterations, improvements or additions to the Facilities. 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. 2. 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 GM Center, 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 132 of 629 7 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 facilities must be kept locked at all times except during the Business Hours. 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 without the written consent of the Landlord, provided that Tenants can maintain customary cleaning products in the Premises. D. 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. E. 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. F. 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. G. 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. H. PARKING: One parking pass for the Church Street Boat Parking Lot will be provided to the Tenant. 133 of 629 8 SECTION 6. SIGNS: The Tenant shall be allowed to place suitable signs, approved in advance by the Director of Parks, Recreation and Community Services, informing the public of the nature of the services, pricing information and the name of the Tenant furnishing the services. 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.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. 134 of 629 9 SECTION 7. 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 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 8. 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 135 of 629 10 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. 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 9. 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 10. 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 11. 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. 136 of 629 11 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. 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. F. 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 137 of 629 12 entitle Landlord to delay any repairs to any part of the improvements in the event of damage. G. 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 12. SUBLETTING; ASSIGNMENT Tenant cannot sublet or assign this Lease Agreement without Landlord’s consent, which consent can be withheld in Landlord’s sole discretion. SECTION 13. 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 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 14. 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. 138 of 629 13 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 15. 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 for the purpose of 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. 139 of 629 14 SECTION 16. 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 140 of 629 15 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. 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. 141 of 629 16 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. SECTION 17. 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 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 18. 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 142 of 629 17 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 19. 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 20. 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. 143 of 629 18 On completion of repairs, the fixed minimum 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 21. GOVERNMENTAL INTERFERENCE WITH POSSESSION 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 22. 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 23. 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 24. 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. 144 of 629 19 SECTION 25. 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. SECTION 26. 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: Krave LLC Attn: Brian Fogle 5313 West 123rd Place Alsip, Illinois 60803 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 27. 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. 145 of 629 20 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. 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. F. In all cases where Landlord’s consent is required, Landlord’s consent shall not be unreasonably withheld. G. This Agreement may be executed in multiple copies, each of which shall constitute an original. SECTION 28. 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 29. 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, 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. 146 of 629 21 [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 147 of 629 22 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: ____________, 2018 Its: City Manager, Wally Bobkiewicz Tenant: Krave, LLC An Illinois limited liability company By: _________________________________ Date: ____________, 2018 Its: Owner, Brian Fogle 148 of 629 23 149 of 629 For City Council meeting of May 14, 2018 Item A3.4 Business of the City by Motion: Summer Bus Transportation Contract Award For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Lawrence C. Hemingway, Director, Parks, Recreation & Community Services Subject: Contract Award for Parks, Recreation and Community Services Department 2018 Summer Bus Transportation Date: May 14, 2018 Recommended Action: Staff recommends City Council authorize the City Manager to execute a contract with First Student (1717 Park Street, Naperville, IL 60563) in the amount not to exceed $30,175. First Student was the lowest responsive bidder for the Parks, Recreation and Community Services Department 2018 summer bus transportation. They submitted a base bid of $26,175 and a $50.00 per hour cost for any additional trips that may be necessary. Staff recommends adding a $4,000 contingency amount to the base bid for additional trips or when either a city owned bus is out of service or a driver is not available to work. Funding Source: An allocation for transportation funding is budgeted in the following Business Units: Facility/Program Business Unit Total 2018 Budget Allocation Available Fund Balance Projected Expense Robert Crown Center 100.30.3030.62507 $8,750 $7,319 $4,150.00 Chandler Newberger Center 100.30.3035.62507 $30,450 $20,574 $3,075.00 Fleetwood-Jourdain Center 100.30.3040.62507 $20,500 $20,033 $5,500.00 Robert Crown Ice Center 100.30.3095.62507 $20,000 $20,000 $7,200.00 Ecology Camp 100.30.3610.62507 $24,000 $23,142 $4,375.00 Arts Programs 100.30.3720.62507 $4,000 $4,000 $1,875.00 Memorandum 150 of 629 Livability Benefit: Economy and Jobs: Expand job opportunities. Education, Arts & Community: Provide quality education form cradle to career. Summary Bid 18-23: The Parks, Recreation and Community Services Department operate a number of camp programs that take field trips to a variety of locations in Evanston and other Chicago/Suburban attractions. The following are examples of the transportation destinations: Evanston beaches, Evanston Township High School, Evanston Public Library, Chicago Theatre, Classic Bowl, Orbit Skate Center and various theme parks. There are approximately eighty one trips which contracted vendor transportation is needed. Transportation for the other one hundred and forty summer trips will be done using four city owned buses. Four companies submitted bids for the 2018 summer bus transportation. Bids were directly sent to eight potential respondents and advertised on Demand Star. First Student submitted the lowest base bid of $26,175 for eighty one trips. In addition to the base bid, vendors were asked to submit a rate for additional trips, should one of the city’s buses not be available. Staff recommends adding a $4,000 contingency amount for additional trips to the base bid, should they be necessary. Total cost would not exceed $30,175. Below is the bid summary: Name of Company Base Bid Amount First Student 1717 Park Street Naperville, IL 60563 $26,175 *($50.00 per hr.) Compass Transportation 7508 St. Louis Avenue Skokie, IL 60076 $28,915 *($45.00 per hr.) Alltown Bus Services 7300 N. St. Louis Skokie, IL 60076 $31,832.00*(Did not submit a fee) Positive Connections/Student Transportation of America 1532 Emerson Street Evanston, IL 60201 $35,186.08 *($55.00 per) *Pricing rate for additional trips, should they be necessary. 151 of 629 First Student provides transportation for a number of Northshore school districts and Park Districts. In checking references, we found they have done a good job of being on time and providing safe service. Additionally, the department had previously utilized First Student on an emergency basis, when city buses were out of service and they were reliable. Attachment: Contract Agreement with First Student List of bus trips . 152 of 629 153 of 629 154 of 629 155 of 629 156 of 629 157 of 629 158 of 629 159 of 629 160 of 629 161 of 629 162 of 629 163 of 629 164 of 629 165 of 629 166 of 629 167 of 629 7For the City Council Meeting of September 20, 2010 2nd Quarter Financial Report For City Council meeting of May 14, 2018 Item A3.5 First Quarter Financial Report for Fiscal Year 2018 For Action: Accept and Place on File To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Hitesh Desai, Chief Financial Officer/Treasurer Ashley King, Budget & Finance Manager CC: Wally Bobkiewicz, City Manager Subject: First Quarter Financial Report for Fiscal Year 2018 Date: May 8, 2017 Recommended Action: Staff recommends City Council accept and place the First Quarter Financial Report for FY 2018 on file. Funding Source: N/A Summary: The City ended the first quarter of the 2018 fiscal year in stable financial condition. The City’s financial performance is the result of revenues remaining relatively consistent with budget targets and expenditures being below budgeted levels. The chart below shows the Fund and Cash balance differences between the first quarter of 2017 and this first quarter 2018 report. Balance Differences Cash 2017 Fund Balance 2017 Cash 2018 Fund Balance 2018 Cash Difference Fund Balance Difference General Fund 11,561,044 19,734,012 12,288,418 17,933,253 727,374 (1,800,759) Capital Fund 12,005,150 11,156,611 9,986,325 9,452,167 (2,018,825) (1,704,444) Parking Fund 6,959,523 7,111,190 6,077,091 6,400,845 (882,432) (710,345) Water Fund 7,585,169 6,753,008 5,783,305 9,262,038 (1,801,864) 2,509,030 Sewer Fund 3,443,076 6,194,629 2,831,969 5,396,091 (611,107) (798,538) Washington National TIF 8,033,746 8,954,827 6,526,496 6,451,700 (1,507,250) (2,503,127) Insurance Fund 362,886 (803,562) (1,770,279) (5,590,204) (2,133,165) (4,786,642) All Other Funds 19,903,678 22,579,099 18,496,359 19,563,848 (1,407,319) (3,015,251) Total 69,854,272 81,679,814 60,219,684 68,869,738 (9,634,588) (12,810,076) Memorandum 168 of 629 - 2 - The majority of the differences in fund and cash balance is in the following funds: Washington-National, Capital Improvements, Parking, Water, and Insurance as seen above. These differences are mainly due to the Infrastructure projects and debt service payments during the last 12 months. Washington-National’s 2018 balances included the start of the Fountain Square project, which was planned to spend down the TIF Fund balance. Similarly, the enterprise funds have various capital projects and the timing of those large projects causes fund and cash balances to fluctuate. The Insurance Fund difference is due to a variety of liabilities which change annually. The General Fund has slightly more cash in the first quarter of 2018 than it did in 2017 but a lower overall fund balance. March represents the third month of the City of Evanston’s 2018 fiscal year. As a result, it is too early to draw any meaningful conclusions or projections relative to the City’s financial performance in FY 2018. One area that has been notable in 2018 is the winter weather. The cold weather resulted in two outcomes compared to 2017: 1. More overtime expenses for public works and snow crews 2. Additional gas tax revenues from heating bills (32%) Attachment 1 is a summary of the City’s funds for the first quarter of FY 2018. In reviewing these reports, please note the following: • A majority of the revenues are recorded at the time they are actually received (permits, property taxes, fees, etc.), however, some revenues are recorded at the time of notification of the revenue being earned by the City (sales, income, telecommunications taxes, etc). • State revenue sources are delayed by one to three months based on the revenue source in question. • While some revenues are received on a monthly basis, other revenues are received less uniformly throughout the year. An example is property taxes, which are billed semi-annually and then distributed by the County as payments are received. This disbursal method contrasts with other revenue sources such as sales taxes, which are collected by the State and distributed on a monthly basis. • Operating expenses, including payroll, are reported at the time they are incurred during the year. At year-end, the City often receives invoices after the close of the year, for services used or items purchased during the year. These expenses are recorded into the previous year for which they were incurred. 169 of 629 - 3 - • Operating expenses are incurred on a uniform basis for items such as payroll, utilities, fuel, etc., and on an as needed basis for supplies, equipment and specific outsourced services. General Fund Revenues: General Fund revenues through the March 31, 2018 were $34,953,599 or 30.4%. During this same timeframe in 2017, the City received 28.5% of the General Fund Revenue budget. The first quarter performance of major General Fund revenue sources is summarized below: • Through March 31, 2018 property tax revenue was $15,591,170 or 54.0% of budget. Many of these property taxes were paid in advance during the last part of 2017. For the past few years, all Police and Firefighter Pension property taxes are received into the General Fund. These taxes are then transferred to the respective pension funds. This is the reason that expenses for Police and Fire Departments are over the 25% goal for the month—54% of property taxes have been transferred (expensed) out of those departments into the Police and Fire Pension Funds. • State income tax is $1,788,694 through March 31, 2018, achieving 25.5% of the budget target for this revenue item. State income tax is typically received in arrears by one or two months. • Sales tax revenue in the first quarter of FY 2018 was $3,722,699 or 21.9% of budget. This is slightly higher than 2017 sales tax receipts for this quarter; typically sales tax has the highest collections in the third quarter. • Real estate transfer tax through March 31, 2018 totaled $464,793 achieving 14.08% of the budget target for this item. This is lower than the $624K received during the first quarter of 2017 but in line with previous years. Traditionally colder months equate fewer home sales. • Through March 31, 2018, licenses, permits, and fees were approximately 17.08% of budget at $2,117,412. During the first quarter of 2017, licenses permits and fees were 14% of budget. All of the above revenues are in line with those received in 2017 and 2016 with exceptions as noted. General Fund Expenditures: Through March 31, 2018, General Fund expenditures were $30,145,087 or 26.4% of budget for FY 2018. It is important to note, for the General Fund, many expenditures / disbursements are not made evenly throughout the year. For example: 170 of 629 - 4 - • Seasonal employee wages in Parks, Recreation and Community Services are typically charged during the summer months. • Police Department assigns additional patrol details during the summer months. • The first paycheck paid in January (January 12, 2018) has been partially charged back to 2017 (payroll ended January 7, 2018). This means that January only has 1 ½ payrolls booked. These expenses will “catch up” at year-end when December 2018 has 2 ½ payrolls. • As previously stated, the expenses for Police and Fire now include the transfer of property taxes to their respective pension funds. 55% of this expense has been charged to these departments, pushing both over the 25% expense goal. Staff will continue to monitor expenditures throughout the year and will provide regular reports to the City Council. The City will also be monitoring the progress of the State of Illinois current and future budgets and may recommend changes during discussion of the second quarter financial report in August. Overall, a comparison between the first quarter of 2018 and the first quarters of 2016 and 2017 can be seen below. It is important to note that 2017 is the first year where Economic Development funds are included as revenues and expenses in the General Fund. Revenues Expenses Net First Quarter 2016 24,389,104 20,297,732 4,091,372 First Quarter 2017 33,797,810 28,860,790 4,937,020 First Quarter 2018 34,953,599 30,145,087 4,808,512 Enterprise Funds: Revenues Parking, Water, Sewer and Solid Waste Funds were all higher than expenses during the first quarter of 2018, producing a positive net through March 31, 2018. Similar to the General Fund, many enterprise fund revenues and expenses / disbursements do not occur evenly throughout the fiscal year. Generally, Water, Sewer, and Parking, capital expenses do not usually occur until the second and third quarters each year. Staff will continue to monitor and report on the performance of City enterprise fund revenues and expenditures throughout FY 2018. 171 of 629 - 5 - A summary of Enterprise Revenue and Expenses is below: Revenues % of Budget Expenses % of Budget Net Q1 Parking Fund 2,704,493$ 24.30% 1,213,050$ 9.40% 1,491,443$ Water Fund 4,692,397$ 10.30% 2,755,347$ 6.00% 1,937,050$ Sewer Fund 3,704,013$ 25.20% 2,457,849$ 16.60% 1,246,164$ Solid Waste Fund 1,338,645$ 25.40% 944,976$ 18.50% 393,669$ Attachments Attachment 1: March 31, 2018 Monthly Financial Report Attachment 2: 1st Quarter Investment Report 172 of 629 To: Wally Bobkiewicz, City Manager From: Hitesh Desai, CFO/City Treasurer Ashley King, Budget & Finance Manager Kate Lewis-Lakin, Senior Management Analyst Subject: March 2018 Monthly Financial Report Date: May 4, 2018 Please find attached the unaudited financial statements as of March 31, 2018. A summary by fund for revenues, expenditures, fund and cash balances is as follows: YTD Revenues YTD Expenses YTD Net Fund Balance Cash Balance 34,953,599 30,145,087 4,808,511 17,933,253 12,288,418 498,379 216,416 281,963 926,462 926,462 207,136 34,833 172,303 184,080 161,487 235 250,000 (249,765) (247,881) 752,119 3,563,294 1,424,221 2,139,073 3,123,845 3,123,448 154,354 - 154,354 158,556 171,238 - - - 308,399 308,399 31 8,864 (8,833) (11,275) 86,136 488,888 614,498 (125,610) 2,248,120 2,083,532 231,598 187,844 43,754 229,247 (84,299) 156,453 - 156,453 (42,341) (42,341) 713 114,893 (114,180) (50,086) (50,073) 9,190 41,672 (32,482) 220,129 220,129 38 - 38 170,209 170,209 29,663 33,877 (4,215) 5,062 5,062 43,749 23,186 20,563 1,497,106 1,501,523 2,965,916 1,776,760 1,189,156 6,451,700 6,526,496 5,661,280 - 5,661,280 5,857,737 5,872,533 319,732 390,430 (70,698) 203,180 178,949 42,721 11,231 31,490 464,256 472,579 26,404 - 26,404 20,395 20,395 28,315 - 28,315 89,508 89,508 113,238 - 113,238 115,444 115,445 1,636,311 1,631,500 4,811 9,452,167 9,986,325 - 146,799 (146,799) 393,882 394,062 99,662 143,684 (44,022) 2,953,679 2,950,142 2,704,493 1,213,050 1,491,443 6,400,845 6,077,091 4,692,397 2,755,346 1,937,051 9,262,038 5,783,305 3,704,013 2,457,849 1,246,164 5,396,091 2,831,969 1,338,646 944,976 393,670 (775,344) (1,434,827) 753,638 673,078 80,560 438,797 (350,682) 333,909 328,203 5,706 1,082,682 855,224 4,370,907 4,613,076 (242,170) (5,590,204) (1,770,279) 69,128,901 50,181,373 18,947,527 68,869,738 60,219,684 605 INSURANCE FUND 520 SOLID WASTE FUND 600 FLEET SERVICES FUND 601 EQUIPMENT REPLACEMENT FUND 505 PARKING SYSTEM FUND 510 WATER FUND 515 SEWER FUND 415 CAPITAL IMPROVEMENTS FUND 416 CROWN CONSTRUCTION FUND 420 SPECIAL ASSESSMENT FUND 350 SPECIAL SERVICE AREA (SSA) #6 187 LIBRARY CAPITAL IMPROVEMENT FD 320 DEBT SERVICE FUND 335 WEST EVANSTON TIF FUND 340 DEMPSTER-DODGE TIF FUND 345 CHICAGO-MAIN TIF 250 AFFORDABLE HOUSING FUND 300 WASHINGTON NATIONAL TIF FUND 330 HOWARD-RIDGE TIF FUND 235 NEIGHBORHOOD IMPROVEMENT 240 HOME FUND 186 LIBRARY DEBT SERVICE FUND 210 SPECIAL SERVICE AREA (SSA) #4 215 CDBG FUND 220 CDBG LOAN FUND 195 NEIGHBORHOOD STABILIZATION FUND 200 MOTOR FUEL TAX FUND 205 EMERGENCY TELEPHONE (E911) FUND 176 HEALTH AND HUMAN SERVICES 180 GOOD NEIGHBOR FUND 185 LIBRARY FUND Fund Fund Description 100 GENERAL FUND 175 GENERAL ASSISTANCE FUND Memorandum Attachment 1 March Financial Report 173 of 629 Included above are the ending balances as of March 31, 2018 for both unreserved fund and cash balances. Of these two amounts, cash balance is the more meaningful metric since this represents liquid cash and/or invested assets which can be used (or easily sold) to support and fund current operations. While ending fund balance is also an important measurement of the City’s financial health, it usually includes illiquid assets or future cash receipts or disbursements such as receivables (including property tax) due to the City and accounts payable/accrued expenses. The fund balances included in this financial report are based on unaudited 2017 year- end balances. These may change slightly during the Audit Process, which will be conducted during April 2018. As of March 31, 2018, the General Fund is reporting a net surplus of $4,808,511. The General Fund balance is $17,933,253 with a cash balance of $12,288,418. The attached supplemental charts show the General Fund Revenues at 30.4% of budget and expenses at 26.4%. Fund and cash balances increased significantly in the first quarter due to the first installment of property taxes being received. This is the first of two annual installments. Additionally, the Insurance and Other Chargebacks category shows a high year-to-date expense, as this includes the transfer of property tax pension to the Police and Fire pension funds. Through March 31, 2018, the Good Neighbor Fund is showing a negative fund balance of $247,881. This is because the revenue to this fund from Northwestern University is not received until later in the year. Transfers to other funds from the Good Neighbor Fund are made monthly to cover expenses throughout the year on designated projects. Through March 31, 2018, the Neighborhood Stabilization Fund is showing a negative fund balance of $11,275. This is due to the timing of grant funding revenues. Through March 31, 2018, the E911 Fund is showing negative cash balance of $84,299. This is due to timing of E911 revenues from the state and the expenses related to the replacement of Computer Aided Dispatch (CAD) and Police/Fire Records Software. Through March 31, 2018, the SSA #4 Fund is showing a negative fund and cash balance of $42,341. This is due to the timing of payments to the Downtown Evanston group. Through March 31, 2018, the CDBG fund is showing a negative fund balance of $50,086 and a negative cash balance of $50,073. This is due to a delay in reimbursements and will be repaid with draw-downs later in the year. Through March 31, 2018, the Capital Improvements Fund is showing a fund balance of $9,452,167 and a cash balance of $9,986,325. Bond proceeds from the 2017A General Obligation Bonds were received in October, significantly increasing fund and cash balances. Attachment 1 March Financial Report 174 of 629 Attachment 1 March Financial Report175 of 629 January February March April May June July August 2017 Unreserved Fund Balance 15,453,984$ 17,244,431$ 19,450,955$ 2018 Unreserved Fund Balance 16,512,558$ 15,306,742$ 17,933,253$ 2017 Cash Balance 6,338,271$ 6,393,110$ 11,561,044$ 2018 Cash Balance 8,905,448$ 8,120,225$ 12,288,418$ 2017 v 2018 Fund and Cash Balance-- General Fund $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 2017 Unreserved Fund Balance 2018 Unreserved Fund Balance 2017 Cash Balance 2018 Cash Balance Attachment 1 March Financial Report 176 of 629 2018 March YTD 2017 Budget 2018 2018 % Actual 28,849,196 9,231,027 15,591,170 54.0% 28,294,363 49,742,274 4,945,882 11,463,052 23.0% 47,103,324 12,397,400 662,204 2,117,412 17.1% 13,357,911 3,897,500 251,007 862,229 22.1% 3,484,050 10,077,550 703,854 2,146,589 21.3% 8,754,025 7,748,417 618,143 1,854,428 23.9% 8,590,717 778,100 61,516 280,957 36.1% 1,468,393 1,300,217 451,092 632,735 48.7% 1,376,447 50,100 1,580 5,026 10.0% 38,544 REVENUE TOTAL 114,840,754 16,926,306 34,953,599 30.4% 112,467,774 492,806 43,750 119,296 24.2% 498,172 191,784 13,699 34,729 18.1% 251,193 7,540,597 492,567 1,518,360 20.1% 7,621,948 736,346 59,333 161,702 22.0% 772,045 9,075,303 741,843 1,908,134 21.0% 9,314,164 3,614,774 332,400 740,827 20.5% 2,592,984 38,391,099 5,350,603 11,925,751 31.1% 39,067,047 23,934,390 3,677,433 7,669,995 32.0% 24,355,551 3,697,529 243,922 687,062 18.6% 3,071,334 11,955,812 743,246 1,994,044 16.7% 12,479,438 14,607,356 1,083,296 3,385,187 23.2% 13,983,314 EXPENSE TOTAL 114,237,796 12,782,093 30,145,087 26.4% 114,007,190 114,840,754 16,926,306 34,953,599 30.4% 112,467,774 114,237,796 12,782,093 30,145,087 26.4% 114,007,190 602,958 4,144,213 4,808,511 (1,539,417) Other Taxes Licenses, Permits and Fees Fines and Forfeitures March 2018 Financial Report Through 03/31/18 Summary Listing Fund 100 - GENERAL FUND Property Taxes REVENUE TOTALS EXPENSE TOTALS Fund 100 - GENERAL FUND Net Gain (Loss) Charges for Services Interfund Transfers Intergovernmental Revenue Other Revenue Interest Income HEALTH PARKS, REC. AND COMMUNITY SERV. PUBLIC WORKS AGENCY COMMUNITY DEVELOPMENT POLICE FIRE MGMT & SUPPORT Fund 100 - GENERAL FUND Totals CITY COUNCIL CITY CLERK CITY MANAGER'S OFFICE LAW ADMINISTRATIVE SERVICES Attachment 1 March Financial Report 177 of 629 2018 March YTD 2017 Budget 2018 2018 % Actual - 600 1,513 100.0% 1,900 6,676,575 630,864 1,586,255 23.8% 6,303,624 4,217,040 347,253 1,041,760 24.7% 4,120,636 12,125 - - 0.0% - 193,316 21,517 66,186 34.2% 253,523 35,070 2,053 8,779 25.0% 62,067 REVENUE TOTAL 11,134,126 1,002,288 2,704,493 24.3% 10,741,750 1,849,028 137,512 367,240 19.9% 1,675,404 3,451,775 70,754 358,436 10.4% 3,167,070 2,450,000 8,254 8,254 0.3% 280,311 319,648 26,637 79,912 25.0% 319,648 - - - 100.0% 2,561,771 11,000 - - 0.0% 4,246 3,070,625 - - 0.0% 267,734 304,000 20,033 39,103 12.9% 267,436 1,440,417 120,035 360,104 25.0% 1,584,683 EXPENSE TOTAL 12,896,493 383,225 1,213,050 9.4% 10,128,302 11,134,126 1,002,288 2,704,493 24.3% 10,741,750 12,896,493 383,225 1,213,050 9.4% 10,128,302 (1,762,367) 619,064 1,491,443 613,448 Fund 505 - PARKING SYSTEM FUND Net Gain Interfund Transfers Fund 505 - PARKING SYSTEM FUND Totals REVENUE TOTALS EXPENSE TOTALS Other Revenue Interest Income Salary and Benefits Services and Supplies Capital Outlay Insurance and Other Chargebacks Depreciation Expense Contingencies Debt Service Miscellaneous Charges for Services Interfund Transfers Intergovernmental Revenue March 2018 Financial Report Through 03/31/18 Summary Listing Fund 505 - PARKING SYSTEM FUND Licenses, Permits and Fees Attachment 1 March Financial Report 178 of 629 2018 March YTD 2017 Budget 2018 2018 % Actual 70,000 1,810 4,325 6.2% 86,063 18,267,000 1,634,628 4,646,574 25.4% 17,255,947 27,333,656 8,941 12,343 0.0% 294,812 25,000 16,154 29,155 116.6% 35,784 REVENUE TOTAL 45,695,656 1,661,533 4,692,397 10.3% 17,672,605 5,614,331 418,932 1,158,247 20.6% 5,958,873 4,655,410 151,176 447,006 9.6% 2,528,863 29,346,200 73,466 112,394 0.4% 11,408 468,492 39,041 117,123 25.0% 468,492 - - - 0.0% 2,470,280 1,000 - - 0.0% - 1,960,760 - - 0.0% 717,388 15,000 - - 0.0% (203,530) 3,602,313 306,859 920,577 25.6% 6,327,314 EXPENSE TOTAL 45,663,506 989,473 2,755,347 6.0% 18,279,088 45,695,656 1,661,533 4,692,397 10.3% 17,672,605 45,663,506 989,473 2,755,347 6.0% 18,279,088 32,150 672,060 1,937,049 (606,483) March 2018 Financial Report Through 03/31/18 Summary Listing Fund 510 - WATER FUND Salary and Benefits Services and Supplies Capital Outlay Insurance and Other Chargebacks Depreciation Expense Licenses, Permits and Fees Charges for Services Other Revenue Interest Income Fund 510 - WATER FUND Totals REVENUE TOTALS EXPENSE TOTALS Fund 510 - WATER FUND Net Gain (Loss) Contingencies Debt Service Miscellaneous Interfund Transfers Attachment 1 March Financial Report 179 of 629 2018 March YTD 2017 Budget 2018 2018 % Actual 12,589,650 848,028 3,696,976 29.4% 12,477,657 2,104,000 - - 0.0% 14,870 5,000 4,015 7,037 140.7% 16,023 REVENUE TOTAL 14,698,650 852,043 3,704,013 25.2% 12,508,550 1,274,709 100,637 277,730 21.8% 1,313,154 2,558,630 3,528 7,759 0.3% 88,677 2,181,300 10,013 10,013 0.5% 7,676 269,988 22,499 67,497 25.0% 269,988 - - - 0.0% 3,530,787 7,540,066 1,276,838 1,846,931 24.5% 1,143,643 1,500 - - 0.0% 9,265 991,677 82,640 247,919 25.0% 1,141,676 EXPENSE TOTAL 14,817,870 1,496,154 2,457,849 16.6% 7,504,867 14,698,650 852,043 3,704,013 25.2% 12,508,550 14,817,870 1,496,154 2,457,849 16.6% 7,504,867 (119,220) (644,111) 1,246,163 5,003,683 March 2018 Financial Report Through 03/31/18 Summary Listing Fund 515 - SEWER FUND Services and Supplies Capital Outlay Insurance and Other Chargebacks Depreciation Expense Debt Service Charges for Services Other Revenue Interest Income Salary and Benefits EXPENSE TOTALS Fund 515 - SEWER FUND Net Gain (Loss) Miscellaneous Interfund Transfers Fund 515 - SEWER FUND Totals REVENUE TOTALS Attachment 1 March Financial Report 180 of 629 2018 March YTD 2017 Budget 2018 2018 % Actual 410,000 260,915 260,915 63.6% - 275,000 14,448 14,448 5.3% 199,513 3,632,394 286,735 879,150 24.2% 3,611,308 705,967 58,831 176,492 25.0% 755,967 238,000 6,333 7,640 3.2% 250,687 REVENUE TOTAL 5,261,361 627,262 1,338,645 25.4% 4,817,475 993,616 68,414 192,507 19.4% 890,220 3,488,676 224,080 670,294 19.2% 3,482,141 275,750 1,434 1,434 0.5% 24,635 21,797 - - 0.0% 1,797 7,500 150 150 2.0% 3,057 322,362 26,864 80,591 25.0% 504,807 EXPENSE TOTAL 5,109,701 320,940 944,976 18.5% 4,906,657 5,261,361 627,262 1,338,645 25.4% 4,817,475 5,109,701 320,940 944,976 18.5% 4,906,657 151,660 306,322 393,670 (89,182) Licenses, Permits and Fees Charges for Services Interfund Transfers March 2018 Financial Report Through 03/31/18 Summary Listing Fund 520 - SOLID WASTE FUND Property Taxes EXPENSE TOTALS Fund 520 - SOLID WASTE FUND Net Gain (Loss) Other Revenue Salary and Benefits Services and Supplies Capital Outlay Debt Service Miscellaneous Interfund Transfers Fund 520 - SOLID WASTE FUND Totals REVENUE TOTALS Attachment 1 March Financial Report 181 of 629 Memorandum To: Wally Bobkiewicz, City Manager From: Hitesh Desai, CFO/Treasurer Subject: 1st Quarter 2018 - Cash and Investment Report Date: May 8, 2018 Attached please find the Cash and Investment report as of March 31, 2018. A comparison between the 2018 and 2017 first quarter investment reports indicate a increase in combined cash & investments of $8,763,293 from $51,456,392 to $60,219,685. The increase was principally due to early property tax received. Cash and investment changes from the previous period are summarized below: As of March 31, 2018, ledger balances showing the highest percentage of total deposits was held by First Bank and Trust at $32.7M or 54.34% of the total. PMA Financial is in custody of money market funds at approximately $15.0M, or 24.99%, and Certificates of Deposits at $5.0M or 8.25%. Illinois Funds was at $4.6M or 7.58% and IMET was at $1.0M or 1.98%. The allocation of Cash and Investments is in compliance with the City’s investment policy to ensure no financial institution should have greater than 50% of the city’s total deposits. If you have any questions on this report or would like to discuss in greater detail, please contact me by phone at (847) 448.8082 or by e-mail at hdesai@cityofevanston.org. 3/31/2018 12/31/2017 Change Cash 32,724,757 20,516,836 12,207,921 Investments 27,494,928 30,939,556 (3,444,628) TOTAL 60,219,685 51,456,392 8,763,293 Attachment 2: 1st Quarter Investment Report 182 of 629 City of Evanston Cash & Investments Bank Investment Investment Investment Description Type Bank Rate Amount Fund #Fund IL Funds MMA US Bank 1.611 1,721,767 100 General IL Funds MMA US Bank 1.611 15,006 175 General Assistance IL Funds MMA US Bank 1.611 984,553 200 MFT IL Funds MMA US Bank 1.611 657,107 205 E911 IL Funds MMA US Bank 1.611 370,319 250 Affordable Housing IL Funds MMA US Bank 1.611 - 300 Washington National IL Funds MMA US Bank 1.611 331,647 320 DS IL Funds MMA US Bank 1.611 - 330 Howard Ridge TIF IL Funds MMA US Bank 1.611 10,135 335 West Evanston TIF IL Funds MMA US Bank 1.611 21,484 415 Capital Improvements IL Funds MMA US Bank 1.611 224,244 420 Special Assessment IL Funds MMA US Bank 1.611 64,251 505 Parking IL Funds MMA US Bank 1.611 166,407 510 Water IL Funds MMA US Bank 1.611 1 515 Sewer US BANK Total 4,566,922 Money Market Fund MMA IMET 124,583 300 Washington National Money Market Fund MMA IMET 13,369 320 Debt Service Money Market Fund MMA IMET 3,583 330 Howard Ridge TIF Money Market Fund MMA IMET 13,137 335 West Evanston TIF Money Market Fund MMA IMET 352,499 415 Capital Improvements Money Market Fund MMA IMET 239,187 505 Special Assessment Money Market Fund MMA IMET 5,711 420 Parking Money Market Fund MMA IMET 162,127 510 Water IMET Total 914,197 Money Market Fund MMA PMA-SDA 1.150 1,508,724 200 MFT Money Market Fund MMA PMA-SDA 1.150 220,286 300 Washington National Money Market Fund MMA PMA-SDA 1.150 1,898,466 320 Debt Service Money Market Fund MMA PMA-SDA 1.150 499,791 335 West Evanston TIF Money Market Fund MMA PMA-SDA 1.150 4,263,454 415 Capital Improvements Money Market Fund MMA PMA-SDA 1.150 2,087,209 505 Parking Money Market Fund MMA PMA-SDA 1.150 3,307,922 510 Water Money Market Fund MMA PMA-SDA 1.150 1,263,208 515 Sewer PMA-SDA Total 15,049,059 Money Market Fund MMA PMA-CD 1.397-1.4 992,800 300 Washington National Money Market Fund MMA PMA-CD 1.176-1.4 2,981,092 415 Capital Improvements Money Market Fund MMA PMA-CD 1.2-1.501 494,600 505 Parking Money Market Fund MMA PMA-CD 1.060-1.250 248,400 510 Water Money Market Fund MMA PMA-CD 1.060-1.250 248,400 515 Sewer PMA-CD Total 4,965,292 Money Market Fund MMA PMA US. T. BILL 1.120 1,999,458 415 Debt Service PMA US.T. BILL Total 1,999,458 Grand Total 27,494,928 1st Bank Cash Cash 12,177,474 General Cash Cash 971,857 General Assistance Cash Cash 45,994 Health and Human Services Cash Cash 918,628 Good Neighbor Cash Cash 3,967,418 Library Cash Cash 145,649 Library Debt Service Cash Cash 308,399 Library Capital Improvement FD Cash Cash 91,158 Neighbrhd Stablztn Cash Cash 0 E911 Cash Cash 0 SSD 4 Cash Cash 30,590 CDBG Cash Cash 213,680 CD Loan Cash Cash 170,183 Neighbrhd Improvemt Cash Cash 8,082 Home Cash Cash 1,130,619 Affordable Housing Cash Cash 5,360,426 Washington National TIF Cash Cash 4,023,636 Debt Cash Cash 434,109 Howard Ridge Cash Cash 0 West Evanston Cash Cash 20,395 Dempster-Dodge-TIF Cash Cash 89,508 Chicago-Main TIF Cash Cash 115,445 Special Service Area (SSA) #6 Cash Cash 0 Capital Improvements Cash Cash 540,861 Crown Construction Cash Cash 2,765,397 Special Assess Cash Cash 3,133,117 Parking Cash Cash 653,953 Water Cash Cash 3,550,194 Sewer Cash Cash 0 Solid Waste Cash Cash 0 Fleet Cash Cash 586,673 Equipment Replacemt Cash Cash 0 Insurance 41,453,444 Total Cash 41,453,444 Interfunds & negative cash (8,728,687) Net Cash 32,724,757 Total Investments & Cash 60,219,685 CASH / INVESTMENT Investments Cash Total GENERAL LEDGER Amount %Amount Amount % 1ST Bank 32,724,757 32,724,757 54.34% PMA-SDA 15,049,059 54.73%15,049,059 24.99% CD 4,965,292 18.06%4,965,292 8.25% US. T. BILL 1,999,458 7.27%1,999,458 3.32% IMET 914,197 3.32%914,197 1.52% IL Funds 4,566,922 16.61%4,566,922 7.58% Total 27,494,928 100.00% 32,724,757 60,219,685 100.00% March 31, 2018 Attachment 2: 1st Quarter Investment Report 183 of 629 City of Evanston Cash & Investment Summary by Type March 31, 2018 Investment Investment Fiscal YTD Investment Description Type Bank Rate Est. Income Amount Fund #Fund IL Funds MMA US Bank 1.611 6,934 1,721,767 100 General IL Funds MMA US Bank 1.611 60 15,006 175 General Assistance IL Funds MMA US Bank 1.611 3,965 984,553 200 MFT IL Funds MMA US Bank 1.611 2,646 657,107 205 E911 IL Funds MMA US Bank 1.611 1,491 370,319 250 Affordable Housing IL Funds MMA US Bank 1.611 0 - 300 Washington National IL Funds MMA US Bank 1.611 1,336 331,647 320 DS IL Funds MMA US Bank 1.611 0 - 330 Howard Ridge TIF IL Funds MMA US Bank 1.611 41 10,135 335 West Evanston TIF IL Funds MMA US Bank 1.611 87 21,484 415 Capital Improvements IL Funds MMA US Bank 1.611 903 224,244 420 Special Assessment IL Funds MMA US Bank 1.611 259 64,251 505 Parking IL Funds MMA US Bank 1.611 670 166,407 510 Water IL Funds MMA US Bank 1.611 0 1 515 Sewer Money Market Fund MMA IMET 0 124,583 300 Washington National Money Market Fund MMA IMET 0 13,369 320 Debt Service Money Market Fund MMA IMET 0 3,583 330 Howard Ridge TIF Money Market Fund MMA IMET 0 13,137 335 West Evanston TIF Money Market Fund MMA IMET 0 352,499 415 Capital Improvements Money Market Fund MMA IMET 0 239,187 505 Special Assessment Money Market Fund MMA IMET 0 5,711 420 Parking Money Market Fund MMA IMET 0 162,127 510 Water Money Market Fund MMA PMA-SDA 1.150 4,338 1,508,724 200 MFT Money Market Fund MMA PMA-SDA 1.150 633 220,286 300 Washington National Money Market Fund MMA PMA-SDA 1.150 5,458 1,898,466 320 Debt Service Money Market Fund MMA PMA-SDA 1.150 1,437 499,791 335 West Evanston TIF Money Market Fund MMA PMA-SDA 1.150 12,257 4,263,454 415 Capital Improvements Money Market Fund MMA PMA-SDA 1.150 6,001 2,087,209 505 Parking Money Market Fund MMA PMA-SDA 1.150 9,510 3,307,922 510 Water Money Market Fund MMA PMA-SDA 1.150 3,632 1,263,208 515 Sewer Money Market Fund MMA CD 1.397-1.4 992,800 300 Washington National Money Market Fund MMA CD 1.176-1.4 2,981,092 415 Capital Improvements Money Market Fund MMA CD 1.2-1.501 494,600 505 Parking Money Market Fund MMA CD 1.060-1.250 248,400 510 Water Money Market Fund MMA CD 1.060-1.250 248,400 515 Sewer Money Market Fund MMA US. T. BILL 1.120 5,598 1,999,458 415 Capital Improvements 67,258 27,494,928 Attachment 2: 1st Quarter Investment Report 184 of 629 For City Council meeting of May 14, 2018 Item A3.6 Business of the City by Motion: Waste Transfer Station Project Funding For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Wally Bobkiewicz, City Manager David Stoneback, Public Works Agency Director Lara Biggs, P.E., Bureau Chief – Capital Planning / City Engineer Subject: Disposition of Waste Transfer Tipping Fees / Station Project Funding Date: May 9, 2018 Recommended Action: Staff recommends City Council: 1) receive update on waste transfer tipping fees; 2) authorize the City Manager to pursue cost proposals for an environmental monitoring study at the waste transfer station operated by Advanced Disposal at 1711 Church Street and to purchase the environmental monitoring equipment needed for the study. The study is estimated to cost $25,000 and the equipment costs are estimated to be $167,500, for a total estimated cost of $192,500. Funding Source: Staff recommends that $200,000 of 2018 GO Bond funds be provided for this work. Livability: Built Environment: Enhance public spaces; Address indoor and outdoor air quality and light pollution Health and Safety: Promote healthy, active lifestyles Host Community Agreement Background Information: The waste transfer station (WTS) located at 1711 Church Street began its operations in 1984. The State of Illinois through the Illinois Environmental Protection Agency (IEPA) retains sole jurisdiction to locate and permit the WTS and IEPA has continuously issued permits for operations since that time. The City has no statutory or regulatory authority under Illinois law to shut down or forcibly relocate the WTS. In 2011, the City litigated claims brought against it by Veolia Environmental n/k/a Advanced Disposal Services Solid Waste Midwest, LLC, regarding the Transfer Station Fee imposed in connection with the WTS operations. This fee was unilaterally imposed by the City over Veolia’s objection. Memorandum 185 of 629 The City committed Veolia/Advanced to paying the fee while the litigation was pending. The City collected $1,263,247.90 in Transfer Fees since 2011 until the settlement was reached in 2016. The fees collected were sequestered by the City and remained unspent in a set-aside City account. Under the settlement, the City kept all of the WTS fees paid since 2011. Council adopted Ordinance 8-O-16 on March 14, 2016 authorizing a Host Community Agreement (HCA) with Advanced Disposal for the WTS. The HCA establishes several terms: • A Transfer Station Manager shall have an office at the property and be the City’s point of contact for all matters relating to the WTS and that all citizen complaints will be responded to within 24 hours. • City inspection of the WTS • Host fee based on a per ton fee on each ton of waste transferred through the WTS • Construction of a Tarping Station and site entrance improvements The initial host fee is $0.75 per ton and began on January 1, 2018. The host fee is to be paid no later than the thirtieth day following the close of a calendar quarter; therefore the first host fee payment is due by April 30, 2018. The host fee is estimated to generate $90,000 to $110,000 per year. Financial Background Information: In 2016, the $1,263,248 collected in transfer fees since 2011 was deposited into the General Fund. At the May 23, 2016 Council Meeting staff presented a recommendation to allocate $500,000 of the transfer fees to the City General Fund Reserve and $763,248 to the City’s Capital Projects Fund and requested direction for the process of determining the spending of the Capital Project Fund proceeds. This item was held at the Council meeting. Since this recommendation was held at Council, the FY2017 budget did not include the proposed transfer to the Capital Project Fund and funds remained in the General Fund and were therefore included in the General Fund’s fund balance for the 2016 audit. During discussion of the close of the FY2017 budget staff indicated that the transfer fee funds would remain in the general fund, but proposed that $200,000 of the funds would be transferred to the Capital Fund and shown as an expense to the General Fund. Due to other revenue sources being under estimates, this transfer was not made. The adopted 2018 budget does not include the transfer of $200,000 to the Capital Fund. However, the Capital Improvement Plan in the FY2018 budget includes the following items: Project Title FY2018 GO Bond Other Funds Alley Improvement – North of Grove, East of Dodge $140,000 Alley Improvement – North of Davis, East of Dodge $200,000 Alley Improvement – North of Church, East of Darrow $120,000 Environmental Monitoring Study $ 25,000 Environmental Monitoring Equipment $167,500 TOTAL $460,000 $192,500 186 of 629 Analysis: On February 19, 2018, staff gave an update on the Robert Crown Community Center Project. During this presentation, staff indicated that the City would need to reduce the GO Bond issue to $9M for all projects other than the Crown project and the Library project. This would keep Capital spending relatively flat compared to prior years. The FY2018 budget anticipated selling over $12M in GO Bonds, to fund capital projects, indicating that just over $3M of capital projects will need to be deferred. Staff asks that the City Council review source of funding and timing of alley improvement projects. Staff is recommending that the funding for the environmental monitoring study and equipment be funded by 2018 GO bonds. Attachments: Host Community Agreement 187 of 629 188 of 629 189 of 629 190 of 629 191 of 629 192 of 629 193 of 629 194 of 629 195 of 629 196 of 629 197 of 629 198 of 629 199 of 629 For City Council meeting of May 14, 2018 Item A4 Resolution 33-R-18, Appoint Hitesh Desai as City’s IPBC Delegate For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Hitesh Desai, CFO/Treasurer Jennifer Lin, HR Division Manager Subject: Resolution 33-R-18, Appointing Hitesh Desai as the City of Evanston’s Delegate for the Intergovernmental Personnel Benefit Cooperative Date: May 14, 2018 Recommended Action: Staff recommends City Council adopt Resolution 33-R-18, appointing Hitesh Desai as Delegate for the Intergovernmental Personnel Benefits Cooperative (IPBC). Livability Benefits: Innovation & Process: Support local government best practices and processes Summary: With the departure of Martin Lyons as the IPBC Delegate, Hitesh Desai needs to be appointed as the new IPBC Delegate for the City of Evanston. Jennifer Lin, HR Division Manager, remains the IPBC Alternate. Attachments: Resolution 33-R-18 Memorandum 200 of 629 5/14/2018 33-R-18 A RESOLUTION Appointing Hitesh Desai as the City of Evanston’s Delegate for the Intergovernmental Personnel Benefit Cooperative WHEREAS, the City Council of the City of Evanston has the authority to designate a delegate as the City’s representative for the purposes of conducting business with the Intergovernmental Personnel Benefit Cooperative (IPBC); and WHEREAS, the City Manager recommends that Mr. Hitesh Desai, Chief Financial Officer/Treasurer, be designated as delegate; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Hitesh Desai is hereby designated to act as the delegate on behalf of the City of Evanston in all matters affecting the administration of the IPBC. SECTION 2: That such powers and duties of Mr. Hitesh Desai, as the delegate, shall include: a) the authority to enter into agreements on behalf of the City related to benefits administration through the IPBC; and b) the authority to cast a vote on behalf of the City at the IPBC. SECTION 3: That the foregoing recitals are hereby found as fact and made a part hereof. 201 of 629 ~2~ SECTION 4: This Resolution 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: _____________________________ Devon Reid, City Clerk Adopted: _________________, 2018 Approved as to form: _____________________________ Michelle L. Masoncup, Interim Corporation Counsel 202 of 629 For City Council Meeting of May 14, 2018 Item: A5 Resolution 28-R-18, Approving Purchase of Firefighter Protective Gear For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee (A&PW) From: Brian R. Scott, Fire Chief Subject: Resolution 28-R-18, Joint Purchase of Fire Department Personal Protective Equipment (PPE) Date: May 14, 2018 Recommended Action Staff recommends that the City Council adopt Resolution 28-R-18 authorizing a letter of understanding with the Evanston Foreign Fire Tax Board for a joint purchase of ninety- three (93) sets of firefighter personal protective equipment. The vendor will be Air One Equipment, Inc. (360 Production Drive, South Elgin, IL 60177), and the total cost, spread over a 5-year period, will be $221,805. Funding Sources: • The General Fund, Account 100.23.2315.65625 with a total annual budget of $35,000 with $34,400 currently remaining, in an amount not to exceed $17,892 per year. • The Evanston Firefighters Foreign Fire Tax Board Livability Benefits: Health and Safety: • Improve emergency prevention and response • Enhance resiliency to natural and human hazards Background The American fire service is currently going through a cultural change in response to the ever-increasing awareness and threat of cancer to firefighters. NIOSH, the National Institute of Occupational Safety and Health research data now shows firefighters have approximately a 9% higher chance to develop cancer and a 14% higher chance to of dying from cancer than the general population and cancer is now a leading cause of firefighter deaths. Research suggests that an increased exposure to known carcinogens Memorandum 203 of 629 contained in content and structure fire smoke is the primary cause of this higher cancer incidence. Fire Departments across the country are now taking the threat more seriously and as a result are taking more proactive and preventive measures. One such measure that will help mitigate this exposure is the purchase of a second set of firefighting personal protective gear or PPE for each firefighter. This will allow firefighters after a fire or training exercise involving live fire to change into a clean second set of PPE while the front line gear is being washed of carcinogens from the smoke and fire exposure and fully dried (a process that usually takes 24 hours). Our current practice is that the firefighter must wear the dirty gear until the end of his 24-hour shift until the subsequent oncoming shift can clean the gear, which significantly adds to the exposure and absorption of carcinogens contained in the gear to the firefighter. Cost has always been a barrier to moving forward on this idea, but thanks to some creative and hard work by Shift Chief Bill Muno and the generosity of the Evanston Foreign Fire Tax Board (EFFTB), we have an affordable path towards purchase. Purchasing Framework: • The overall cost to purchase the second set of gear for each firefighter (93 sets) is $221,805. • The EFFTB has agreed to fund 60% of the cost at $132,367, leaving the balance of $89,438 for the City of Evanston. • The vendor has agreed to spread this purchase across 5 years in interest free annual installments of $17,892 for the City of Evanston and $26,473 for the Evanston Foreign Fire Tax Board. Gear cost, which typically increases 3-5% per year, would be frozen at 2018 prices during the agreement. This would result in a savings of approximately $32-55,000 over the 5-year term. Attachments • Resolution 28-R-18 • Letter of Understanding with EFFTB • Agreement with Gear Vendor 204 of 629 5/1/2018 28-R-18 A RESOLUTION Authorizing the City Manager to Execute a Letter of Understanding between the City and the Evanston Foreign Fire Insurance Board to Fund the Purchase of Firefighter Gear WHEREAS, the Fire Department seeks to purchase a second set of personal protective equipment (“PPE”), to allow a firefighter after a fire (or training exercise involving live fire) to can change into a clean second set of PPE while the front line gear is being washed of carcinogens from the smoke and fire exposure and fully dried (a process that usually takes 24 hours); and WHEREAS, the attached letter of understanding is devoted to set forth the terms for a funding agreement between the City of Evanston and the Evanston Foreign Fire Insurance Board, for the Board to fund 60% of the total cost ($221,805). The funding will allow the purchase of a second set of firefighting PPE for each firefighter from the vendor, Air One Equipment Inc.; and WHEREAS, the City Council of the City of Evanston has determined that the best interests of the City of Evanston would be served by executing a letter of understanding with the Evanston Foreign Fire Insurance Board and the Vendor Agreement for the purchase of the PPE, NOW 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 attached letter of understanding and to negotiate all necessary 205 of 629 28-R-18 ~ 2 ~ terms for the letter of understanding and the vendor agreement as he may determine to be in the best interests of the City, and that may be in a form acceptable to the Corporation Counsel. The Letter of Understanding is attached as Exhibit A and the Vendor Agreement is attached as Exhibit B, both incorporated herein by reference. SECTION 2: This resolution 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: _______________________________ Devon Reid, City Clerk Adopted: __________________, 2018 Approved as to form: ______________________________ Michelle L. Masoncup, Interim Corporation Counsel 206 of 629 28-R-18 ~ 3 ~ EXHIBIT A LETTER OF UNDERSTANDING 207 of 629 May 1, 2018 Evanston Foreign Fire Insurance Board Attn: Board President, William Muno Re: Letter of Understanding – Fire Equipment Funding Partnership Dear Mr. Muno, This Letter of Understanding (the “Letter”), sets forth certain terms and understandings by and between the City of Evanston and the Evanston Foreign Fire Insurance Board (the “EFFI Board”) with respect to the funding agreement for fire apparatus equipment described below. The EFFI Board was formed through City Ordinance 101-O-09 and authorized by state statute, 65 ILCS 5/11-10-2. 1. Purpose. This letter of understanding is devoted to set forth the terms for a funding agreement between the City of Evanston and the Evanston Foreign Fire Insurance Board. The funding will allow purchase of a second set of firefighting "turn out" gear for each firefighter to allow a firefighter to change into the clean second set of gear while the front line gear is being washed and dried (a process that usually takes 24 hours). 2. Effective Date and Term. This Letter will be effective date is the date executed by the City (“Effective Date”). The Term for this Letter is 5 years, to match the payment timeline for the gear that will be paid in 5 installments on an annual basis. 3. Gear. The total cost to purchase the second set of gear for each firefighter (93 sets) is $221,805. The Vendor, AirOne, agreed to freeze pricing at 2018 price with no interest assessed. The Vendor is permitting the City to pay the total cost over a five- year period, 2018-2022. 4. Funding. The funding will be split between the City of Evanston covering approximately 40% of the cost and 60% of the cost to be paid by the EFFT Board. The EFFI Board commits to a total funding amount of $132,367, which represents approximately 60% of the total cost. The EFFI Board will issue the annual funding payment, $26,473, on or before June 1st of each year. The EFFI Board will coordinate with the City’s Chief Financial Officer on method of funding, either a check or Fire Department 909 Lake Street Evanston, Illinois 60201 T 847.448.8100 TTY 847.448.8064 www.cityofevanston.org 208 of 629 withholding from the annual distribution by the City. The City’s annual portion of the cost is $17,892, which will also be paid in five installments. 5. Multiple Counterparts. For the convenience of the Parties hereto, this Letter may be executed in multiple counterparts, each of which will be deemed an original, and all counterparts hereof so executed by the parties hereto, whether or not such counterpart will bear the execution of each of the parties hereto, will be deemed to be, and will be construed as, one and the same. 6. General Terms. 1. This MOU may only be amended in writing and signed by all Parties. 2. This letter of understanding constitutes the entire agreement between the Parties pertaining to the subject matter in this Letter, and it supersedes all prior and contemporaneous agreements and understandings, whether oral or written, of the Parties. 3. This Letter shall be interpreted, construed and governed in accordance with the City Code and the laws of the State of Illinois. 4. This Letter has been carefully and fully read by both parties, who understand its contents and is satisfied with the Letter herein mentioned and the same shall be binding upon and inure to the benefit of the parties’ agents, officers, directors, and employees respectively. 5. This Letter will be deemed effective as of the date of the last signature below. IN WITNESS WHEREOF, the Parties have caused this Letter of Understanding to be executed this ___ day of _______, 2018. Evanston Foreign Fire Insurance Board City of Evanston By: By:__________________________ Print Name: William Muno Print Name: Brian Scott Its: Board President Its: Fire Chief 209 of 629 28-R-18 ~ 4 ~ EXHIBIT B VENDOR SUPPLY AGREEMENT 210 of 629 CITY USE ONLY NOT PART OF CONTRACTUAL PROVISIONS PBC# Project Title Contract # Procurement Method (IFB, RFP, Small, etc): Ref. # Publication Date: Award Code: Subcontractor Utilization? Yes No Subcontractor Disclosure? Yes No Funding Source Obligation # Approval: Signature Date/Printed Name Phone ______________________________ E-mail _______________________ Revision 10/2011 Page 1 AGREEMENT The Parties to this Agreement are the City of Evanston and Vendor. This Agreement, consisting of the signature page and numbered sections listed below and any attachments referenced in this Agreement, constitutes the entire Agreement between the Parties concerning the subject matter of the Agreement, and supersedes all prior proposals, Agreements and understandings between the Parties concerning the subject matter of the Agreement. This Agreement can be signed in multiple counterparts and signature may be electronic or digital upon agreement of the Parties. 1. TERM AND TERMINATION 2. DESCRIPTION OF SUPPLIES AND SERVICES 3. PRICING 4. STANDARD BUSINESS TERMS AND CONDITIONS 5. STANDARD CERTIFICATIONS 6. DISCLOSURES AND CONFLICTS OF INTEREST 7. SUPPLEMENTAL PROVISIONS In consideration of the mutual covenants and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the terms and conditions set forth herein and have caused this Agreement to be executed by their duly authorized representatives on the dates shown below. VENDOR CITY OF EVANSTON (Vendor Name) Air One Equipment, Inc. Fire Department Signature Official Signature Printed Name Sandra Frey Printed Name Title President Date Title Date Address 360 Production Drive Designee Signature South Elgin, IL 60177 Printed Name Phone Fax Title E-mail Address 211 of 629 Page 1 1. TERM AND TERMINATION 1.1 TERM OF THIS AGREEMENT: This Agreement has an initial term of five years. If a start date is not identified, the term shall commence upon the last dated signature of the Parties. Vendor shall not commence billable work in furtherance of the Agreement prior to final execution of the Agreement. 1.2 RENEWAL: Subject to the maximum total term as identified above, the City has the option to renew for the following term(s): N/A Pricing for the renewal term(s), or the formula for determining price is shown in the pricing section of this Agreement. Any renewal is subject to the same terms and conditions as the original Agreement except as stated below in this subsection. The City may renew this Agreement for any or all of the option periods specified; may exercise any of the renewal options early and may exercise more than one option at a time based on continuing need and favorable market conditions when in the best interest of the City. The Agreement shall not renew automatically nor shall the Agreement renew solely at Vendor’s option. 1.3 TERMINATION FOR CAUSE: The City may terminate this Agreement, in whole or in part, immediately upon notice to Vendor if: (a) the City determines that the actions or inactions of Vendor, its agents, employees or subcontractors have caused, or reasonably could cause, jeopardy to health, safety, or property, or (b) Vendor has notified the City that it is unable or unwilling to perform the Agreement. If Vendor fails to perform to the City’s satisfaction any material requirement of this Agreement, is in violation of a material provision of this Agreement, or the City determines that Vendor lacks the financial resources to perform the Agreement, the City shall provide written notice to Vendor to cure the problem identified within the period of time specified in the City’s written notice. If not cured by that date, the City may either: (a) immediately terminate the Agreement without additional written notice or (b) enforce the terms and conditions of the Agreement. For termination due to any of the causes contained in this Section, the City retains its rights to seek any available legal or equitable remedies and damages. 1.4 TERMINATION FOR CONVENIENCE: The City may, for its convenience and with 7 days prior written notice to Vendor, terminate this Agreement in whole or in part and without payment of any penalty or incurring any further obligation to Vendor. Vendor shall be entitled to compensation upon submission of invoices and proof of claim for supplies and services provided in compliance with this Agreement up to and including the date of termination. 212 of 629 Page 2 2. DESCRIPTION OF SUPPLIES AND SERVICES 2.1 GOAL: To utilize the knowledge and expertise of Vendor, that is lacking in the Procuring Department’s staff, to obtain supplies and services necessary to help meet the responsibilities of the Procuring Department. 2.2 SUPPLIES AND/OR SERVICES REQUIRED: 2.3 MILESTONES AND DELIVERABLES: Vendor shall not perform services, provide supplies or incur expenses in amount exceeding the amount shown in this Section, unless the City has authorized a higher amount in writing prior to Vendor performing the services, providing the supplies, or incurring the expenses. Not-to-exceed $221,805.00 2.4 VENDOR / STAFF SPECIFICATIONS: 93 sets of firefighter equipment, more fully outlined in Exhibit A. 2.5 ASSIGNMENT AND SUBCONTRACTING: 2.5.1 This Agreement may not be assigned, transferred in whole or in part by Vendor without the prior written consent of the City. 2.5.2 For purposes of this section, subcontractors are those specifically hired to perform all or part of the work covered by the Agreement. Will subcontractors be utilized? Yes No 2.5.3 Vendor shall describe below the names and addresses of all authorized subcontractors to be utilized by Vendor in the performance of this Agreement, together with a description of the work to be performed by the subcontractor and the anticipated amount of money that each subcontractor is expected to receive pursuant to this Agreement. Vendor shall provide a copy of any subcontracts within 20 days of execution of this Agreement for approval by the City. Vendor shall be responsible for the accuracy and quality of any subcontractor’s performance. Subcontractor Name Amount to be paid Address Description of work Subcontractor Name Amount to be paid Address Description of work 2.5.4 Vendor shall obtain approval from the City prior to hiring any additional or substitute subcontractors during the term of this Agreement. Vendor may, upon request of the City, provide to the City a draft subcontractor agreement for review and approval prior to the execution of the subcontract. Subontractor agreements shall provide that services to be performed under the subcontracting agreement shall not be sublet, sold, transferred, assigned or otherwise disposed of to another entity or person without the City’s prior written consent. 2.5.5 All subcontracts must include the same certifications that Vendor must make as a condition of this Agreement. 2.6 TRANSPORTATION AND DELIVERY: 2.7 WHERE SERVICES ARE TO BE PERFORMED: Unless otherwise specified in this section all services shall be performed in the United States. If Vendor manufactures the supplies or performs the services purchased hereunder in another country in violation of this provision, such action may be deemed by the City as a breach of the Agreement by Vendor. Vendor shall disclose the locations where the services required shall be performed and the known or anticipated value of the services to be performed at each location. If Vendor received additional consideration in the evaluation based on work being performed in the United States, it shall be a breach of contract if Vendor shifts any such work outside the United States. Location where services will be performed N/A Value of services performed at this location Location where services will be performed Value of services performed at this location 2.8 SCHEDULE OF WORK: Any work performed on City premises shall be done during the hours designated by the City and performed in a manner that does not interfere with the City and its personnel. 213 of 629 Page 3 2.9 WARRANTIES FOR SUPPLIES AND SERVICES: 2.9.1 Vendor warrants that the supplies furnished under this Agreement will: (a) conform to the standards, specifications, drawing, samples or descriptions furnished by the City or furnished by Vendor and agreed to by the City, including but not limited to all specifications attached as exhibits hereto; (b) be merchantable, of good quality and workmanship, and free from defects for a period of twelve months or longer if so specified in writing, and fit and sufficient for the intended use; (c) comply with all federal and City laws, regulations and ordinances pertaining to the manufacturing, packing, labeling, sale and delivery of the supplies; (d) be of good title and be free and clear of all liens and encumbrances and; (e) not infringe any patent, copyright or other intellectual property rights of any third party. Vendor agrees to reimburse the City for any losses, costs, damages or expenses, including without limitations, reasonable attorney’s fees and expenses, arising from failure of the supplies to meet such warranties. 2.9.2 Vendor shall insure that all manufacturers’ warranties are transferred to the City and shall provide a copy of the warranty. These warranties shall be in addition to all other warranties, express, implied or statutory, and shall survive the City’s payment, acceptance, inspection or failure to inspect the supplies. 2.9.3 Vendor warrants that all services will be performed to meet the requirements of the Agreement in an efficient and effective manner by trained and competent personnel. Vendor shall monitor performances of each individual and shall reassign immediately any individual who is not performing in accordance with the Agreement, who is disruptive or not respectful of others in the workplace, or who in any way violates the Agreement or City policies. 2.10 REPORTING, STATUS AND MONITORING SPECIFICATIONS: 2.10.1 Vendor shall immediately notify the City of any event that may have a material impact on Vendor’s ability to perform the Agreement. 214 of 629 Page 4 3. PRICING 3.1 METHOD AND RATE OF COMPENSATION: The City will compensate Vendor for the initial term as follows: Hourly Monthly Annually The payments will be made over a five-year period as follows: (1) $44,361.00 within 30 days of delivery of equipment; and (2) $44,361.00 annual payments on or before the anniversary date of the delivery date until 2023 for a total cost of $221,805. Project Item (show unit of measure and rate) 3.2 TYPE OF PRICING: Pricing under this Agreement is Firm Estimated 3.3 RENEWAL COMPENSATION: If this Agreement is renewed, the price shall be at the same rate as for the initial term unless a different compensation or formula for determining the renewal compensation is stated in this section. 3.4 EXPENSES: Any expenses that Vendor may charge are shown in this section. The City will not compensate Vendor for expenses related to travel, lodging or meal. 3.5 TAX: Vendor shall not bill for any taxes unless accompanied by proof the City is subject to the tax. If necessary, Vendor may request the applicable City’s Illinois tax exemption number and federal tax exemption information. 3.6 INVOICING: Vendor shall invoice at the completion of the Agreement unless invoicing is tied in this Agreement to milestones, deliverables, or other invoicing requirements agreed to in this Agreement. Send invoices to Brian Scott, Fire Chief, 909 Lake Street, Evanston, IL 60201 3.7 PAYMENT TERMS AND CONDITIONS: 3.7.1 By submitting an invoice, Vendor certifies that the supplies or services provided meet all requirements of the Agreement, and the amount billed and expenses incurred are as allowed in the Agreement. Invoices for supplies purchased, services performed and expenses incurred through December 31 of any year must be submitted to the City no later than January 31 of the next subsequent year. 3.7.2 Payments, including late payment charges, will be paid in accordance with all applicable laws and rules of the City of Evanston and the State of Illinois. Remedies provided for therein shall be Vendor’s sole remedy for late payments by the City. Payment terms contained on Vendor’s invoices shall have no force and effect. 3.7.3 The City will not pay for supplies provided or services rendered, including related expenses, incurred prior to the execution of this Agreement by the Parties even if the effective date of the Agreement is prior to execution. 3.7.4 As a condition of receiving payment Vendor must (i) be in compliance with the Agreement, (ii) pay its employees prevailing wages when required by law (Examples of prevailing wage categories include public works, printing, janitorial, window washing, building and grounds services, site technician services, natural resource services, security guard and food services). Vendor is responsible for contacting the Illinois Dept. of Labor 217-782-6206; http://www.state.il.us/Department/idol/index.htm to ensure compliance with prevailing wage requirements), (iii) pay its suppliers and subcontractors according to the terms of their respective contracts, and (iv) provide lien waivers to the City upon request. 215 of 629 Page 5 4. STANDARD BUSINESS TERMS AND CONDITIONS 4.1 AVAILABILITY OF APPROPRIATION: This Agreement is contingent upon and subject to the availability of funds. The City, at its sole option, may terminate or suspend this Agreement, in whole or in part, without penalty or further payment being required, if a reduction in funding is necessary or advisable based upon actual or projected budgetary considerations. Vendor will be notified in writing of the failure of appropriation or of a reduction or decrease. 4.2 AUDIT/RETENTION OF RECORDS: Vendor and its subcontractors shall maintain books and records relating to the performance of the Agreement or subcontract and necessary to support amounts charged to the City under the Agreement or subcontract. Books and records, including information stored in databases or other computer systems, shall be maintained by Vendor for a period of three years from the later of the date of final payment under the Agreement or completion of the Agreement, and by the subcontractor for a period of three years from the later of final payment under the term or completion of the subcontract. If federal funds are used to pay contract costs, Vendor and its subcontractors must retain its records for five years. Books and records required to be maintained under this section shall be available for review or audit by representatives of the City upon reasonable notice and during normal business hours. Vendor and its subcontractors shall cooperate fully with any such audit and with any investigation conducted by any of these entities. Failure to maintain books and records required by this section shall establish a presumption in favor of the City for the recovery of any funds paid by the City under the Agreement for which adequate books and records are not available to support the purported disbursement. Vendor or subcontractors shall not impose a charge upon the City for audit or examination of Vendor’s books and records. 4.3 TIME IS OF THE ESSENCE: Time is of the essence with respect to Vendor’s performance of this Agreement. Vendor shall continue to perform its obligations while any dispute concerning the Agreement is being resolved, unless otherwise directed by the City. 4.4 NO WAIVER OF RIGHTS: Except as specifically waived in writing, failure by a Party to exercise or enforce a right does not waive that Party’s right to exercise or enforce that or other rights in the future. 4.5 FORCE MAJEURE: Failure by either Party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control and not due to its negligence including acts of nature, acts of terrorism, riots, labor disputes, fire, flood, explosion, and governmental prohibition. The non-declaring Party may cancel the Agreement without penalty if performance does not resume within 30 days of the declaration. 4.6 CONFIDENTIAL INFORMATION/FOIA: Each Party, including its agents and subcontractors, to this Agreement may have or gain access to confidential data or information owned or maintained by the other Party in the course of carrying out its responsibilities under this Agreement. Vendor shall presume all information received from the City or to which it gains access pursuant to this Agreement is confidential. Vendor information, unless clearly marked as confidential and exempt from disclosure under the Illinois Freedom of Information Act (“FOIA”), 5 ILCS 140/7 et. seq., shall be considered public. No confidential data collected, maintained, or used in the course of performance of the Agreement shall be disseminated except as authorized by law and with the written consent of the disclosing Party, either during the period of the Agreement or thereafter. The receiving Party must return any and all data collected, maintained, created or used in the course of the performance of the Agreement, in whatever form it is maintained, promptly at the end of the Agreement, or earlier at the request of the disclosing Party, or notify the disclosing Party in writing of its destruction. Upon notification by the City that it has received a Freedom of Information Act request that calls for records within the Vendor’s control, the Vendor shall promptly provide all requested records to the City so that the City may comply with the request within the limited statutory timeframes required by FOIA. Vendor shall indemnify and defend the City from and against all claims arising from the City’s exceptions to disclosing certain records which Vendor may designate as proprietary or confidential. Compliance by the City with an opinion or a directive from the Illinois Public Access Counselor or the Attorney General under FOIA, or with a decision or order of Court with jurisdiction over the City, shall not be a violation of this Section. 4.7 USE AND OWNERSHIP: All work performed or supplies created by Vendor under this Agreement, whether written documents or data, goods or deliverables of any kind, shall be deemed work-for-hire under copyright law and all intellectual property and other laws, and the City is granted sole and exclusive ownership to all such work, unless otherwise agreed in writing. Vendor hereby assigns to the City all right, title, and interest in and to such work including any related intellectual property rights, and/or waives any and all claims that Vendor may have to such work including any so-called "moral rights" in connection with the work. Vendor acknowledges the City may use the work product for any purpose. Confidential data or information contained in such work shall be subject to confidentiality provisions of this Agreement. 4.8 INDEMNIFICATION AND LIABILITY: Vendor shall defend, indemnify and hold harmless the City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including but not limited to costs, and fees, including attorney’s fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of Vendor or Vendor’s subcontractors, employees, agents or subcontractors during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. Nothing contained herein shall be construed as prohibiting the City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them. Vendor shall be liable for the costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to the City and employees and agents, including but not limited to the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. 216 of 629 Page 6 At the City Corporation Counsel’s option, Vendor must defend all suits brought upon all such Losses and must pay all costs and expenses incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Vendor of any of its obligations under this Agreement. Any settlement of any claim or suit related to this Project by Vendor must be made only with the prior written consent of the City Corporation Counsel, if the settlement requires any action on the part of the City. To the extent permissible by law, Vendor waives any limits to the amount of its obligations to indemnify, defend, or contribute to any sums due under any Losses, including any claim by any employee of Vendor that may be subject to the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or any other related law or judicial decision, including but not limited to, Kotecki v. Cyclops Welding Corporation, 146 Ill. 2d 155 (1991). The City, however, does not waive any limitations it may have on its liability under the Illinois Workers Compensation Act, the Illinois Pension Code or any other statute. Vendor shall be responsible for any losses and costs to repair or remedy work performed under this Agreement resulting from or arising out of any act or omission, neglect, or misconduct in the performance of its Work or its subcontractors’ work. Acceptance of the work by the City will not relieve Vendor of the responsibility for subsequent correction of any such error, omissions and/or negligent acts or of its liability for loss or damage resulting therefrom. All provisions of this Section 4.8 shall survive completion, expiration, or termination of this Agreement. 4.9 INSURANCE: Vendor shall, at its own expense, secure and maintain in effect throughout the duration of this contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services and work hereunder by Vendor, its agents, representatives, employees or subcontractors. Vendor acknowledges and agrees that if it fails to comply with all requirements of this Section 4.9, the City may void this Agreement. Vendor must give to the City Certificates of Insurance identifying the City to be an additional insured for the services required pursuant to the Agreement before City staff recommends award of the contract to City Council. Any limitiations or modifications on the Certificate of Insurance issued to the City in compliance with this Section that conflict with the provisions of this Section 4.9 shall have no force and effect. If requested, Vendor shall give the City a certified copy(ies) of the insurance policy(ies) evidencing the amounts set forth in this Section. The policies must be delivered to the City within two (2) weeks of the request. All insurance policies shall be written with insurance companies licensed or authorized to do business in the State of Illinois and having a rating of not less than A-VII according to the A.M. Best Company. Should any of the insurance policies be canceled before the expiration date, the issuing company will mail thirty (30) days written notice to the City. Vendor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. Vendor shall carry and maintain at its own cost with such companies as are reasonably acceptable to City all necessary liability insurance (which shall include as a minimum the requirements set forth below) during the term of this Agreement, for damages caused or contributed to by Vendor, and insuring Vendor against claims which may arise out of or result from vendor’s performance or failure to perform hereunder: a) Worker’s compensation in statutory limits and employer’s liability insurance in the amount of at least five hundred thousand dollars ($500,000); b) Comprehensive general liability coverage which designates the City as an additional insured for not less than one million dollars ($1,000,000) combined single limit for bodily injury, death and property damage, per occurrence; c) Comprehensive automobile liability insurance covering owned, non-owned, and leased vehicles for not less than one million dollars ($1,000,000) combined single limit for bodily injury, death, or property damage, per occurrence; and d) Errors and omissions or professional liability insurance respecting any insurable professional services hereunder in the amount of at least one million dollars ($1,000,000). Vendor’s certificate of insurance shall contain a provision that the coverage afforded under the policy(s) will not be canceled or reduced without thirty (30) days prior written notice (hand delivered or registered mail) to the City. Vendor shall promptly forward new certificate(s) of insurance evidencing the coverage(s) required herein upon annual renewal of the subject policies. Vendor understands that the acceptance of Certificates of Insurance, policies, and any other documents by the City in no way releases Vendor and its subcontractors from the requirements set forth herein. Vendor expressly agrees to waive its rights, benefits and entitlements under the “Other Insurance” clause of its commercial general liability insurance policy as respects the City. In the event Vendor fails to purchase or procure insurance as required above, the parties expressly agree that Vendor shall be in default under this Agreement, and that the City may recover all losses, attorney’s fees and costs expended in pursuing a remedy, or reimbursement, at law or in equity, against Vendor. 4.10 INDEPENDENT CONTRACTOR: Vendor shall act as an independent contractor and not an agent or employee of, or joint venturer with the City. All payments by the City shall be made on that basis. 4.11 SOLICITATION AND EMPLOYMENT: Vendor shall not employ any person employed by the City during the term of this Agreement to perform any work under this Agreement. Vendor shall give notice immediately to the City if Vendor solicits or intends to solicit City employees to perform any work under this Agreement. 217 of 629 Page 7 4.12 COMPLIANCE WITH THE LAW: Vendor, its employees, agents, and subcontractors shall comply with all applicable federal, state, and local laws, rules, ordinances, regulations, orders, federal circulars and all license and permit requirements in the performance of this Agreement. Vendor shall be in compliance with applicable tax requirements and shall be current in payment of such taxes. Vendor shall obtain at its own expense, all licenses and permissions necessary for the performance of this Agreement. 4.13 BACKGROUND CHECK: Whenever the City deems it reasonably necessary for security reasons, the City may conduct at its expense, criminal and driver history background checks of Vendor’s and subcontractors officers, employees or agents. Vendor or subcontractor shall reassign immediately any such individual who, in the opinion of the City, does not pass the background check. 4.14 APPLICABLE LAW/VENUE: This Agreement shall be construed in accordance with and is subject to the laws and rules of the City of Evanston and the State of Illinois. The Department of Human Rights’ Equal Opportunity requirements (44 Ill. Adm. Code 750) are incorporated by reference. The City shall not enter into binding arbitration to resolve any dispute related to this Agreement. The City does not waive tort immunity by entering into this Agreement. In compliance with the Illinois and federal Constitutions, the Illinois Human Rights Act, the U. S. Civil Rights Act, and Section 504 of the federal Rehabilitation Act and other applicable laws and rules, the City does not unlawfully discriminate in employment, contracts, or any other activity. Venue for any action out of or due to this Agreement shall be in Cook County, Illinois. 4.15 ANTI-TRUST ASSIGNMENT: If Vendor does not pursue any claim or cause of action it has arising under antitrust laws relating to the subject matter of the Agreement, then upon request of the City’s Corporation Counsel, Vendor shall assign to the City rights, title and interest in and to the claim or cause of action. 4.16 CONTRACTUAL AUTHORITY: The Department that signs for the City shall be the only City entity responsible for performance and payment under the Agreement. When the City’s authorized designee signs in addition to an Department, they do so as approving officer and shall have no liability to Vendor. 4.17 NOTICES: Notices and other communications provided for herein shall be given in writing by registered or certified mail, return receipt requested, by receipted hand delivery, by courier (UPS, Federal Express or other similar and reliable carrier), by e-mail, or by fax showing the date and time of successful receipt. Notices shall be sent to the individuals who signed the Agreement using the contact information following the signatures. Each such notice shall be deemed to have been provided at the time it is actually received. By giving notice, either Party may change the contact information. 4.18 MODIFICATIONS AND SURVIVAL: Amendments, modifications and waivers must be in writing and signed by authorized representatives of the Parties. Any provision of this Agreement officially declared void, unenforceable, or against public policy, shall be ignored and the remaining provisions shall be interpreted, as far as possible, to give effect to the Parties’ intent. All provisions that by their nature would be expected to survive, shall survive termination. In the event of a conflict between the City’s and Vendor’s terms, conditions and attachments, the City’s terms, conditions and attachments shall prevail. 4.19 PERFORMANCE RECORD / SUSPENSION: Upon request of the City, Vendor shall meet to discuss performance or provide contract performance updates to help ensure proper performance of the Agreement. The City may consider Vendor’s performance under this Agreement and compliance with law and rule to determine whether to continue the Agreement, suspend Vendor from doing future business with the City for a specified period of time, or to determine whether Vendor can be considered responsible on specific future contract opportunities. 4.20 FREEDOM OF INFORMATION ACT: This Agreement and all related public records maintained by, provided to or required to be provided to the City are subject to the Illinois Freedom of Information Act notwithstanding any provision to the contrary that may be found in this Agreement. 4.21 SUCCESSORS AND ASSIGNS: The City and Vendor each bind themselves and their partners, successors, executors, administrators, and assigns to the other party of the Agreement and to the partners, successors, executors, administrators, and assigns of such other party in respect to all covenants of this Agreement. Neither the City nor Vendor shall assign, sublet, or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body, which may be a party hereto, nor shall it be construed as giving any right or benefits hereunder to anyone other than the City and Vendor. 4.22 NON-WAIVER OF RIGHTS: No failure of either party to exercise any power given to it hereunder or to insist upon strict compliance by the other party with its obligations hereunder, and no custom or practice of the parties at variance with the terms hereof, nor any payment under this Agreement shall constitute a waiver of either party’s right to demand exact compliance with the terms hereof. 4.23 SEVERABILITY: Except as otherwise provided herein, the invalidity or unenforceability of any particular provision, or part thereof, of this Agreement shall not affect the other provisions, and this Agreement shall continue in all respects as if such invalid or unenforceable provision had not been contained herein. 4.24 COUNTERPARTS: For convenience, this Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original. 218 of 629 Page 8 4.25 SAVINGS CLAUSE: If any provision of this Agreement, or the application of such provision, shall be rendered or declared invalid by a court of competent jurisdiction, or by reason of its requiring any steps, actions, or results, the remaining parts or portions of this Agreement shall remain in full force and effect. 219 of 629 Page 9 5. STANDARD CERTIFICATIONS Vendor acknowledges and agrees that compliance with this section and each subsection for the term of the Agreement and any renewals is a material requirement and condition of this Agreement. By executing this Agreement, Vendor certifies compliance with this section and each subsection and is under a continuing obligation to remain in compliance and report any non-compliance. This section, and each subsection, applies to subcontractors used on this Agreement. Vendor shall include these Standard Certifications in any subcontract used in the performance of the Agreement. If this Agreement extends over multiple fiscal years including the initial term and all renewals, Vendor and its subcontractors shall confirm compliance with this section in the manner and format determined by the City by the date specified by the City and in no event later than January 1 of each year that this Agreement remains in effect. If the Parties determine that any certification in this section is not applicable to this Agreement, it may be stricken without affecting the remaining subsections. 5.1 As part of each certification, Vendor acknowledges and agrees that should Vendor or its subcontractors provide false information, or fail to be or remain in compliance with the Standard Certification requirements, one or more of the following sanctions will apply: • the Agreement may be void by operation of law, • the City may void the Agreement, and • Vendor and it subcontractors may be subject to one or more of the following: suspension, debarment, denial of payment, civil fine, or criminal penalty. Identifying a sanction or failing to identify a sanction in relation to any of the specific certifications does not waive imposition of other sanctions or preclude application of sanctions not specifically identified. 5.2 Vendor certifies it and its employees will comply with applicable provisions of the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) and applicable rules in performance under this Agreement. 5.3 Vendor certifies it is a properly formed and existing legal entity (30 ILCS 500/1.15.80, 20-43); and as applicable has obtained an assumed name certificate from the appropriate authority, or has registered to conduct business in Illinois and is in good standing with the Illinois Secretary of State. 5.4 If Vendor, or any officer, director, partner, or other managerial agent of Vendor, has been convicted of a felony under the Sarbanes-Oxley Act of 2002, or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Vendor certifies at least five years have passed since the date of the conviction. Vendor further certifies that it is not barred from being awarded a contract and acknowledges that the City shall declare the Agreement void if this certification is false (30 ILCS 500/50-10.5). 5.5 Vendor certifies that it and its affiliates are not delinquent in the payment of any fees, fines, damages, or debts to the City. 5.6 In accordance with the Steel Products Procurement Act, Vendor certifies steel products used or supplied in the performance of a contract for public works shall be manufactured or produced in the United States, unless the head of the procuring Department grants an exception (30 ILCS 565). 5.7 Vendor certifies it has not been convicted of bid rigging or bid rotating or any similar offense, nor has Vendor made an admission of guilt of such conduct that is a matter of record (720 ILCS 5/33 E-3, E-4). 5.8 Vendor certifies it complies with the Section 1-12-5 of the City of Evanston Code and the Illinois Department of Human Rights Act and rules applicable to public contracts, including equal employment opportunity, refraining from unlawful discrimination, and having written sexual harassment policies (775 ILCS 5/2-105). 5.9 Vendor certifies that it shall employ only persons duly licensed by the State of Illinois to perform professional services under this Agreement for which applicable Illinois law requires a license, subject to prior approval of the City. 5.10 Vendor certifies that if more favorable terms are granted by Vendor to any similar governmental entity in any state in a contemporaneous agreement let under under the same or similar financial terms and circumstances for comparable goods or services, the more favorable terms shall be applicable under this Agreement. 220 of 629 Page 10 6.0 DISCLOSURES AND CONFLICTS OF INTEREST Section 1: Conflict of Interest Prohibited Vendor shall not have any public or private interest and shall not acquire directly or indirectly any such interest which conflicts in any manner with its performance under this Agreement. Section 2: Debarment/Legal Proceeding Disclosure (All Vendors must complete this section). Vendor must identify any of the following that occurred for it or any if its officers or directors within the previous 10 years: Debarment from contracting with any governmental entity Yes No Professional licensure discipline Yes No Bankruptcies Yes No Adverse civil judgments and administrative findings Yes No Criminal felony convictions Yes No If any of the above is checked yes, please identify with descriptive information the nature of the debarment and legal proceeding. The City reserves the right to request more information, should the information need further clarification. 221 of 629 Page 11 7. SUPPLEMENTAL PROVISIONS 7.1 City Supplemental Provisions Definitions Required Federal Clauses, Certifications and Assurances ARRA Requirements (American Recovery and Reinvestment Act of 2009) Prevailing Wage (820 ILCS 130/1 et seq.) M/W/EBE Subcontracting Requirements Other (describe) 7.2 Vendor Supplemental Provisions 222 of 629 Page 12 TAXPAYER IDENTIFICATION NUMBER I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. person (including a U.S. resident alien). • If you are an individual, enter your name and SSN as it appears on your Social Security Card. • If you are a sole proprietor, enter the owner’s name on the name line followed by the name of the business and the owner’s SSN or EIN. • If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s name on the name line and the d/b/a on the business name line and enter the owner’s SSN or EIN. • If the LLC is a corporation or partnership, enter the entity’s business name and EIN and for corporations, attach IRS acceptance letter (CP261 or CP277). • For all other entities, enter the name of the entity as used to apply for the entity’s EIN and the EIN. Name: Business Name: Taxpayer Identification Number: Social Security Number or Employer Identification Number Legal Status (check one): Individual Governmental Sole Proprietor Nonresident alien Partnership ECity or trust Legal Services Corporation Pharmacy (Non-Corp.) Tax-exempt Pharmacy/Funeral Home/Cemetery (Corp.) Corporation providing or billing Limited Liability Company (select applicable tax classification) medical and/or health care services D = disregarded entity C = corporation Corporation NOT providing or billing P = partnership medical and/or health care services Signature: Date: 223 of 629 Page 13 EXHIBIT A GOODS SPECIFICATIONS 224 of 629 For City Council meeting of May 14, 2018 Item A6 Resolution 31-R-18: Authorizing the City of Evanston to Request Volume Cap Allocation for Private Activity Bonds from the State of Illinois Governor’s Office. For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Erika Storlie, Assistant City Manager / Acting Director of Community Development Hitesh Desai, Chief Financial Officer / City Treasurer Paul Zalmezak, Economic Development Manager Sarah Flax, Housing and Grants Administrator Subject: Resolution 31-R-18: Authorizing the City of Evanston to Request Volume Cap Allocation for Private Activity Bonds from the State of Illinois Governor’s Office Date: May 7, 2018 Recommended Action Staff recommends City Council approval of Resolution 31-R-18 authorizing the City of Evanston to request volume cap allocation for Private Activity Bonds (PAB) from the State of Illinois Governor’s Office in the amount of $7,821,030 for 2018. This authorizes the City to request its allocation of PAB volume cap only; City Council would have to approve any project proposed for PABs separately following receipt of its volume cap reservation from the State of Illinois. The City has three years to allocate its PAB to a project or projects and any unallocated volume cap reverts to the State of Illinois for reallocation. Funding Source: Private Activity Bonds were created by the Federal Tax Reform Act of 1986 as amended, which imposes a limit on the aggregate amount of “tax exempt private activity” bonds (also known as “Volume Cap”) that can be issued by a state. The State of Illinois (“the State”) has adopted procedures for the allocation of Volume Cap pursuant to the Illinois Private Activity Bond Allocation Act, 30ILCS 345 (the “Illinois Allocation Act”). Home Rule units of government may request an amount of volume cap equal to $105.00 multiplied by the population within its jurisdiction. Based on the Population Division of the U.S. Census Bureau, Evanston’s population is 74,486, so may request $7,821,030. Summary The benefit of the City requesting its PAB volume cap is to provide the City the ability to allocate this form of below-market rate tax-exempt financing to economic development and affordable housing projects in Evanston without any direct financial contribution Memorandum 225 of 629 from the City. The request to the State of Illinois to reserve it PAB does not obligate the City to allocate its volume cap to a specific use. The City has three years to allocate its PAB to a project or projects and any unallocated volume cap reverts to the State of Illinois for reallocation. Any projects proposed for PAB financing would have to be approved by City Council separately following receipt of its volume cap reservation from the State of Illinois. Background Tax-exempt bonds are a federally authorized development finance tool that helps stimulate public and private investment in job creation, business and industry expansion, economic and physical redevelopment, transportation and infrastructure, health care and higher education, and agricultural and renewable energy production. Three-quarters of the total United States investment in infrastructure is accomplished with tax-exempt bonds. Qualified Private Activity Bonds (PABs) are the development finance mechanisms that drive projects involving both the public and private sector by passing the low-cost interest benefit through to the private borrowers. Although the City of Evanston is the issuer, the interest rate and bond terms are determined by the strength of the credit of the private client and its project. Unlike municipal bonds issued directly by the City for public projects, these bonds have no impact on the City’s credit rating or borrowing ratio. In addition, PABs present an opportunity for banks to lend or invest dollars in communities that are included in their assessment areas for Community Reinvestment Act credit. Tax-exempt private activity bonds (PABs) are debt or loans which can be incurred by a government or private entity. The interest paid on PABs is exempt from federal taxation which makes them an attractive investment while also lowering the cost of finance. PABs are the most actively used bonding tool for financing the manufacturing sector and are a key economic development and affordable housing financing tool that can be used by the State of Illinois (Illinois Finance Agency and Illinois Housing Development Authority) and home rule units of government. The City of Evanston may award a volume cap allocation to private entities to issue tax-exempt bonds to finance projects that provide economic or community development benefits to the City. A number of Evanston institutions have received PABs from the Illinois Finance Authority in past years, including Northwestern University and Three Crowns Park. The Illinois Housing Development Authority uses PABs to fund the 4% tax credit program for construction and rehab of affordable housing. A complete listing of PAB issues in Illinois is available on the Illinois Finance Authority's web page that shows private activity bond issues since 2009 is available at: https://www.il-fa.com/programs/completed/summary Attachments • Resolution 31-R-18: Authorizing the City of Evanston to Request Volume Cap Allocation for Private Activity Bonds from the State of Illinois Governor’s Office • State of Illinois Guidelines and Procedures for the Allocation of Private Activity Bonding Authority in Accordance with the Tax Reform Act of 1986 and 30 ILCS 345 226 of 629 5/4/2018 31-R-18 A RESOLUTION AUTHORIZING THE CITY OF EVANSTON TO REQUEST VOLUME CAP ALLOCATION FOR PRIVATE ACTIVITY BONDS FROM THE STATE OF ILLINOIS GOVERNOR’S OFFICE WHEREAS, the City of Evanston, Illinois, is a home rule unit of local government under the Illinois Constitution, 1970, Article VII, Section 6; and WHEREAS, pursuant to Article VII, Section 6(a), of the Illinois Constitution, 1970, the City of Evanston may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public heath, safety, morals and welfare; and WHEREAS, the Illinois Private Activity Bond Allocation Act, 30 Illinois Compiled Statutes 2006, 345/1 et seq., as supplemented and amended, provides that a home rule municipality may request volume cap allocation equal to $105.00 per resident of that municipality in each calendar year, which volume cap may be allocated to certain tax-exempt private activity bonds; and WHEREAS, it is now deemed necessary and desirable by the City of Evanston to request volume cap allocation for 2018; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON THAT: SECTION 1: Pursuant to the Illinois Private Bond Allocation Act, 30 Illinois Compiled Statutes 2006, 345/1 et seq., the City of Evanston hereby requests that the Governor’s office of the State of Illinois allocate volume cap in the amount of $7,821,030.00 for calendar year 2018. 227 of 629 31-R-18 ~2~ SECTION 2: This Resolution 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: _______________________________ Devon Reid, City Clerk Adopted: __________________, 2018 Approved as to form: _______________________________ Michelle L. Masoncup, Interim Corporation Counsel 228 of 629 STATE OF ILLINOIS GUIDELINES AND PROCEDURES FOR THE ALLOCATION OF PRIVATE ACTIVITY BONDING AUTHORITY IN ACCORDANCE WITH THE TAX REFORM ACT OF 1986 AND 30 ILCS 345 OFFICE OF THE GOVERNOR Effective January 1, 2018 229 of 629 2 TABLE OF CONTENTS 1. Introduction … 3 2. Calendar Year 2018 State Ceiling and Allocations… 4 3. Home Rule… 5 4. Non-Home Rule… 8 5. State Agencies… 11 6. Reallocation Provisions… 13 7. Appendix A - Standard Form of Letters… 14 8. Appendix B - Annual Housing Report… 19 9. Appendix C - Population Estimates… 21 Questions regarding these guidelines and procedures may be directed to the Debt Management Unit of the Governor’s Office of Management and Budget at (312) 814-0023. 230 of 629 3 INTRODUCTION The Federal Tax Reform Act of 1986 (the “Code”) as amended, imposes a limit on the aggregate amount of “tax exempt private activity” bonds (also known as “Volume Cap”) that can be issued by a state.. While the Code provides an allocation scheme for specific issuing authorities, it also provides that a state may, by law, provide a different formula for allocating the State ceiling among the governmental units in the State having authority to issue such bonds. The State of Illinois (“the State”) has adopted procedures for the allocation of Volume Cap pursuant to the Illinois Private Activity Bond Allocation Act, 30ILCS 345 (the “Illinois Allocation Act”). The Governor’s Office is the entity charged with authority to allocate Volume Cap among the political subdivisions within the State. In the event of conflict between the Code and Illinois Allocation Act and these “2018 Guidelines and Procedures” (the “Guidelines”), the Code and the Illinois Allocation Act shall control. Any matters not covered by the Code or the Illinois Allocation Act or the Guidelines shall be decided by the Governor’s Office, and the Governor’s Office reserves the right to amend the Guidelines at any time. These Guidelines are provided by the Governor’s Office to assist issuers in understanding how the allocation formula will be administered. They do not represent a binding legal interpretation of either the Code or the Illinois Allocation Act. The Governor’s Office will not make a legal determination of the applicability of the Code to an issuer nor will it determine an issuer’s compliance under the Code. Issuers should consult their own legal counsel to make these determinations. The Guidelines require certain issuers to submit requests to the Governor’s Office for allocations of Volume cap. In addition, they require issuers within the State to report on reallocations and their use of Volume Cap. PLEASE NOTE – ALL REQUESTS AND REPORTING SUBMISSIONS, AS DESCRIBED HEREIN, MUST BE SUBMITTED IN BOTH (i) HARD AND (ii) ELECTRONIC FORMATS (ADOBE ACROBAT “PDF”) TO THE FOLLOWING ADDRESSES: HARD COPY SUBMISSIONS TO: Governor’s Office of Management and Budget Debt Management Unit – Volume Cap Submission JRTC, 100 W Randolph Street – Suite 15-100 Chicago, IL 60601 Attn: Sophia Ronis ELECTRONIC (PDF) SUBMISSIONS TO: OMB.VolumeCapRequest2018@illinois.gov Please indicate the (i) name, (ii) status of your organization (Home Rule, Non-Home Rule or State Agency) and (iii) type of submission (either a “REPORT” or a “REQUEST”) in the “SUBJECT” line of your submission e -mail. Please include the following information for a primary and secondary contact person in the body of each electronic submission (email): Name Title Department/Division Phone Number Email address IMPORTANT NOTE – The time and date stamp of the email will be used for the purpose of determining the order in which the submissions are received unless otherwise noted herein. 231 of 629 4 Calendar Year 2018 State Ceiling and Allocations 2018 State Ceiling – Background and Calculation Section 146 of the Code limits the amount of qualified private activity bond debt that may be issued in a state during a calendar year (“the State Ceiling”). Section 146(d) of the Code was amended by H.R. 5662, the “Community Renewal Tax Relief Act of 2000 (the “CRTF Act”),” to specify that beginning in calendar year 2002 the limit shall be the greater of $75 multiplied by a state’s population or $225 million. The CRTF Act further specifies that beginning in calendar year 2003 the volume limit may be adjusted annually for inflation. Pursuant to Revenue Procedure 2008-66 published by the Internal Revenue Service, the volume limit on qualified private activity bonds adjusted for inflation for calendar year 2018 is ($105 multiplied by the state’s population. Section 146(j) of the Code further requires that the calculation of the State Ceiling be based on the most recent resident population estimate released by the U. S. Bureau of the Census before the beginning of the calendar year. On December 28, 2017, the Population Division of the U.S. Census Bureau issued “Table 1: Annual Estimates of the Population for the United States, Regions, States, and Puerto Rico: April 1, 2000 to July 1, 2017 (NST-EST2017-03)” which reports Illinois’s estimated population as 12,802,023. Illinois 2018 State Ceiling is $1,344,212,415.00 ($105 x 12,802,023). Allocations Pursuant to the Statute, the table below denotes the initial allocation of the 2018 State Ceiling. Home Rule Units $ 851,347,980.00 Non-Home Rule Units 246,432,217.50 State Agencies/Authorities 246,432,217.50 Total $1,344,212,415.00 [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 232 of 629 5 HOME RULE UNITS Allocation January 1 Benchmark As described in “2018 State Ceiling – Background and Calculation” above, each Home Rule community is allocated an amount equal to ($105 multiplied by its population and Cook County, as a Home Rule county, is allocated an amount equal to $105.00 multiplied by the population of its unincorporated area. Based on the most recent US Census estimates the total amount for all Home-Rule units has been determined to be $851,347,980.00. Appendix C attached identifies the list of Home Rule units and the population count used by the Governor’s Office for the volume cap allocation . Special census estimates or other estimates for individual municipalities are not recognized by the Governor’s Office. During the period from January 1, 2018 through May 1, 2018 Home Rule units may not apply to the State for an allocation under the Illinois Allocation Act. Rather, Home Rule units must determine and monitor their own private activity bond limits as provided in the Illinois Allocation Act. Please see reporting requirements detailed below in “Home Rule Reporting”. June 1 Benchmark Of the total amount available to each Home Rule unit of government with less than 2,000,000 inhabitants, the amount that has not been granted, transferred, or reserved by Home Rule units for specific projects or purposes as of May 1, 2018, shall be reserved to the Governor’s Office on June 1, 2018 (the “home Rule Pool”). From the period of June 1 through July 15, 2018, one-half of the Home rule Pool will be available to all Home Rule units with less than 2,000,000 inhabitants (the remaining half is available for allocation to the State or State Agencies as herein after described). The Governor’s Office will accept Home Rule units’ re quests for volume cap from the Home Rule Pool beginning on the first State business day on or after June 1, 2018. Requests will be accepted, via the methods described on page 3, only on or after 8:30 a.m., June 1, 2018. No requests can or will be accepted prior to this date and time. On the first date that applications may be received all applications received between 8:30am and 5pm on such date shall be deemed equally first in line and the Governor’s Office shall grant cap as it may determine. If more than one request is received in a day, other than the first day that applications may be submitted, completed requests will be logged in by the time the electronic submission is received, and processed on a first-come, first-granted basis. If a determination is made that there is a sufficient amount of allocation remaining in the Home Rule Pool upon a request made, an allocation approval letter will be sent to the applicant. The approval letter will be mailed by first class U.S. Mail to the signatory of the application letter Express mail will be used upon request and at the issuer’s expense. The allocation is valid for a period of 60 calendar days from the date of the letter or December 28 of the year of the allocation. This period is set by Illinois Allocation Act and cannot be extended. July 15 Benchmark On and after July 15, 2018, the amount of the unused allocation from the Home Rule Pool shall be available to both Home Rule units of government (with less than 2,000,000 inhabitants) and to State agencies. Requests submitted prior to July 15 that are not completely fulfilled must be re-filed after July 15 if cap still is requested. 233 of 629 6 The Governor’s Office will accept Home Rule units’ requests for volume cap from the Home Rule pool beginning on the first State business day on or after July 15, 2018. Requests will be accepted, via the methods described on page 3, only on or after 8:30 a.m., July 15, 2018. No requests can or will be accepted prior to this date and time. On the first date that applications may be received all applications received between 8:30am and 5pm on such date shall be deemed equally first in line and the Governor’s Office shall grant cap as it may determine. If more than one request is received in a day, other than the first day that applications may be submitted, completed requests will be logged in by the time the electronic submission is received, and processed on a first-come, first-granted basis. Please Note – A completed “Allocation Request Letter” (Appendix A) and a copy of an “Official action”, as defined in the Statute, must accompany all request submissions (June 1 or July 15). A submission will not be deemed complete unless a copy of Official action is included in the transmittal. No Home Rule unit may be granted more than 10% of the amount of total allocation initially available for Home Rule units for a single project. Home Rule units may submit separate requests for multiple projects. Requests must be for specific projects, not general use. Requests will be processed only for allocation to be used directly by the requesting Home Rule unit. Joint requests from more than one unit or requests from one unit for allocation that will also be used by other units of government will not be considered. Once an allocation is given to a specific unit, the Governor’s Office will not object if units pool their allocations and join together in a bond issue as advised by legal counsel. The allocation approval letter to Home Rule units of government is valid for a period of 60 calendar days from the date of the letter or through December 31, 2018, whichever date comes first. If an issuer’s allocation has expired, it may apply for a new allocation if allocation is still available. Such application will be processed by the Governor’s Office in the same manner as any other new application. The State, a State agency or Home Rule unit may reallocate all or a portion of its ORIGINAL allocation to a Home Rule Unit, the State, a State agency or a Non Home Rule Unit of local government. Home Rule units may reallocate by official action of their governing body only as to volume cap reserved prior to May 1, 2018. Home Rule units MAY NOT reallocate any allocation granted by the Governor’s Office after June 1. Please see “REALLOCATION PROVISIONS” for further details. 234 of 629 7 Home Rule Reporting Confirmation of Issuance Pursuant to Section 7 of the Illinois Allocation Act, any Home Rule unit utilizing Volume Cap (regardless of its source) is required to report, within 10 calendar days of issuance, the following: (a) Name of the Issuer; (b) Principal amount of the issue; (c) Purpose for which the private activity bonds were issued; (d) The amount, if any, used to refund any prior issue of private activity bond; and (e) IRS 8038 A form of the “Confirmation of Bond Issuance” letter is provided in Appendix A. If the amount of bonds issued as stated in the confirmation letter is less than the amount approved for allocation for that project, the amount of unused allocation shall be added to the remaining pool allocation available. This “lapsed” volume cap will be offered first to all issuers who have requested volume cap whose requests were not completely fulfilled, in the order that such requests were initially filed. If more than one request was initially filed at the same time, the order of filing will be randomly assigned for purposes of offering lapsed cap. Volume cap is not considered lapsed unless the issuer or issuer’s representative states in writing that all or a portion of the cap will not be used. Mid-Year Reporting No later than May 10, 2018, each Home Rule unit with less than 2,000,000 inhabitants must report to the Governor’s Office in writing on volume cap (i) granted, (ii) transferred, or (iii) reserved by official a ction of the unit’s governing body prior to May 1, 2018. The form described in Appendix A is provided for this purpose – “Report of Allocation Granted by Home Rule”. Once Volume Cap is properly reserved by a Home Rule unit prior to May 1, 2018, the Governor’s Office will not object to the subsequent transfer or reallocation of such cap, or filing of a carry-forward of such volume cap, and no notice to the Governor’s Office of any such subsequent action is required. {Please note, however, that Home Rule units must provide notice to the Governor’s office, as provided in Section 6 of the Illinois Allocation Act, within fourteen days of said reallocation.} Please Note - Copies of “Official Action”, as defined in the Illinois Allocation Act, must accompany this reporting submission. Submission will not be deemed complete unless a copy of Official Action is included with the submissions. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 235 of 629 8 NON-HOME RULE UNITS Allocation Requests January 1 Benchmark The 2018 allocation of Volume Cap available on or after January 1, 2018 to be issued by Non-Home Rule units of local government is expected to be $246,432,217.50. Non-Home Rule units are defined as municipalities or counties, other than Home-Rule units. All other forms of government, such as local water districts or airport authorities, must apply for Volume Cap as a State Agency. The Governor’s Office will accept Non-Home Rule units’ requests for Volume Cap from the Local Government Pool beginning on the first State business day on or after January 1, 2018 (January 2, 2018). Requests will be accepted, via the methods described on page 3, only on or after 8:30 a.m., January 2, 2018. No requests can or will be accepted prior to this date and time. On the first date that applications may be received all applications received between 8:30am and 5pm on such date shall be deemed equally first in line and the Governor’s Office shall grant cap as it may determine. If more than one request is received in a day, other than the first day that applications may be submitted, completed requests will be logged in by the time the electronic submission received, and processed on a first-come, first- granted basis. If a determination is made that there is a sufficient amount of allocation remaining in the total available allocation, an allocation approval letter will be sent to the applicant. The approval letter will be mailed by first class U.S. Mail to the signatory of the application letter. Express mail may be used upon request and at the issuer’s expense. July 15 Benchmark Of the total amount allocated to Non-Home Rule units, the amount of remaining allocation as of July 14, 2018 (the “Non-Home Rule Pool”) shall be reserved to the Governor’s Office on July 15, 2018 to be allocated to the State, State agencies or Non-Home Rule units as described in the Illinois Allocation Act. Requests submitted prior to July 15 that are not completely fulfilled must be re-filed on or after July 15 if volume cap is still requested. The Governor’s Office will accept Non-Home Rule units’ requests for Volume Cap from the Non -Home Rule Pool beginning on the first State business day on or after July 15, 2018. Requests will be accepted, via the methods described on page 3, only on or after 8:30 a.m., July 15, 2018. No requests can or will be accepted prior to this date and time. On the first date that applications may be received all applications received between 8:30am and 5pm on such date shall be deemed equally first in line and the Governor’s Office shall grant cap as it may determine. If more than one request is received in a day, other than the first day that applications may be submitted, completed requests will be logged in by the time the electronic submission is received, and processed on a first-come, first-granted basis. Please Note – A completed “Allocation Request Letter” (Appendix A) and a copy of an “Official Action”, as defined in the Illinois Allocation Act, must accompany all request submissions (January 1 or July 15). A submission will not be deemed complete unless a copy of Official Action is included in the transmittal. No Non-Home Rule unit may be granted more than 10% of the amount of total allocation initially available to units of local government for a single project. Non-Home Rule units may submit separate requests for multiple projects. Requests must be for specific projects, not general use. Non-Home Rule units do not have power under statute to transfer or reallocate cap to other Non-Home Rule or Home-Rule units. Requests may be made only for cap that will be used within the Non-Home Rule unit's jurisdiction, as evidenced by such 236 of 629 9 documentation or evidence as the Governor's Office shall request. Letters of intent from lenders shall be deemed prima facie evidence. Units planning to pool their allocations must certify their intent to comply with this section in their request letter. The allocation approval letter is valid for a period of 60 calendar days from the date of the letter. This period is set by the Illinois Allocation Act and cannot be extended. Pursuant to Section 6 of Illinois Allocation Act, a Non-Home Rule unit IS NOT AUTHORIZED TO REALLOCATE all or any unused portion of its allocation. Direct and indirect reallocations by Non-Home Rule Units are strictly prohibited. This prohibition is discussed more fully in the “Reallocation Provisions” of these Guidelines. The proceeds from bonds utilizing Volume Cap allocated to a Non-Home Rule unit pursuant to these Guidelines must be used within the jurisdiction of the Non-Home Rule unit. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 237 of 629 10 Non-Home Rule Reporting Confirmation of Issuance Pursuant to Section 7 of the Illinois Allocation Act, Non-Home Rule units are required to report, within 10 calendar days of issuance, the following: (a) Name of the Issuer; (b) Principal amount of the issue; (c) Purpose for which the private activity bonds were issued; (d) The amount, if any, used to refund any prior issue of private activity bond; and (e) IRS 8038 A form of the “Confirmation of Bond Issuance” letter is provided in Appendix A. If the amount of bonds issued as stated in the confirmation letter is less than the amount approved for allocation for that project, the amount of unused allocation shall be added to the remaining pool allocation available. This “lapsed” volume cap will be offered first to all issuers who have requested volume cap whose requests were not completely fulfilled, in the order that such requests were initially filed. If more than one request was initially filed at the same time, the order of filing will be randomly assigned for purposes of offering lapsed cap. Volume cap is not considered lapsed unless the issuer or issuer’s representative states in writing that all or a portion of the cap will not be used. Annual Reporting of Housing Projects The Illinois Allocation Act requires Non-Home Rule units to provide an annual report of all private activity bonds issued for any housing purposes which utilizes volume cap allocated by the State. Details on the reporting requirement can be located in the Section 7.5 of the Illinois Allocation Act. A form to aid reporting has been provided in Appendix B to these Guidelines. Calendar Year 2018 submissions are to be sent via the instructions set forth on page 3 of these Guidelines by February 1, 2018. An additional copy of this report only must also be submitted to the Illinois Housing Development Authority (“IHDA”) at the following address: Illinois Housing Development Authority Attention: General Counsel 401 North Michigan Avenue Chicago, IL 60611 Please Note - Excel version of this form is available for download on our webpage (http://www.illinois.gov/gov/budget/Pages/default.aspx) for your convenience. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 238 of 629 11 STATE AGENCIES Allocation Requests For calendar year 2018 there is expected to be $246,432,217.50 for use by State Agencies, (the “State Agency Pool”), defined as any State agency, commission, board, authority, or body politic and corporate of the State authorized by law to issue Private Activity Bonds, other than a Non-Home Rule or Home-Rule unit. The Governor’s Office may allocate among all State agencies from the State Allocation Pool available after January 2, 2018. In addition, State agencies may apply beginning on or after the first State business day after June 1, 2018 for the allocation retained by the Governor’s Office from the Home-Rule Pool and beginning on or on July 15, 2018 for the allocation retained, if any, from the Non-Home Rule Pool. Requests submitted prior to June 1 which are not completely fulfilled and requests submitted prior to July 15 which are not completely fulfilled must be re-filed after July 15 if cap from the Non-Home Rule pool is requested. Please see “HOME RULE” and “NON-HOME RULE” sections for submission procedures. Please Note- Requests will be processed only for allocation to be used directly by the requesting State agency. Requests may be requested and granted on a lump-sum by private activity bond category or individual project basis as the Governor’s Office may determine. Joint requests from more than one State agency or units of government or requests from one State agency for an allocation that will be used by other units of government will not be considered. Once an allocation is given to a specific State agency, the Governor’s Office will not object if units pool their allocations and join together in a bond issue as advised by legal counsel. State agencies may submit requests for allocations of any amount. The 10% limit does not apply to State Agencies The Governor’s Office may consult with State agencies prior to submission of their allocation requests and determine the amount of allocation that shall be requested and approved. The allocation shall be valid through the end of the calendar year. State agencies may reallocate their unused allocation in the manner described in “REALLOCATION PROVISIONS” with the approval of the Governor’s Office. A State agency that issues bonds after receiving a reallocation from a Home-Rule unit or another State agency shall submit the information described in the “Reporting” section below. State agencies also may file a carry-forward of an allocation remaining at the end of one calendar year to the next under certain circumstances, with the approval of the Governor’s Office. Issuers should consult their legal counsel with respect to the applicability of this provision to their circumstances 239 of 629 12 State Agency Reporting Confirmation of Issuance Pursuant to Section 7 of the Illinois Allocation Act. State Agencies are required to report, within 10 calendar days of issuance, the following: (a) Name of the Issuer; (b) Principal amount of the issue; (c) Purpose for which the private activity bonds were issued; (d) The amount, if any, used to refund any prior issue of private activity bond; and (e) IRS 8038 A form of the “Confirmation of Bond Issuance” letter is provided in Appendix A. If the amount of the bonds issued as stated in the confirmation letter is less than the amount approved for allocation for that project, the unused allocation amount shall be retained by the State Agency unless otherwise directed by the Governor’s Office. Annual Reporting of Housing Projects Pursuant to the Illinois Allocation Act, State Agencies are required to provide an annual report of all private activity bonds issued for any housing purposes which utilizes volume cap allocated by the State. Details on the reporting requirement can be located in Section 7.5 of the Illinois allocation Act and a form has been provided in Appendix B for submission. Calendar Year 2018 Submissions are to be sent via the instruction set forth on page 3 of these guidelines by February 1, 2018. An additional copy of this report only must also be submitted to the Illinois Housing Development Authority (“IHDA”) at the following address: Illinois Housing Development Authority Attention: General Counsel 401 North Michigan Avenue Chicago, IL 60611 [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 240 of 629 13 REALLOCATION PROVISIONS Reallocations by the State, a State Agency or a Home Rule Unit The State, any State Agency or Home Rule unit may voluntarily reallocate to any Non-Home Rule unit of local government, Home-Rule unit, the State or any State agency all or any portion of its unused allocation. {The State Agency or Home Rule unit reallocating all or a portion of its unused allocation must provid e notice to the Governor’s office within fourteen days of said reallocation.} Consistent with the Illinois Allocation Act and these guidelines, entities that issue private activity bonds on the basis of reallocations must submit to the Governor’s Office written evidence of such reallocation and a confirmation of bond issuance letter within ten calendar days from the date the bonds are issued. Reallocations by a Non-Home Rule Unit Are Prohibited Non-Home Rule units may not reallocate to any issuer. This prohibition applies to direct reallocations and to reallocations attempted via an intergovernmental or other agreement. Allocations made to Non-Home Rule units pursuant to the Illinois Allocation Act and these Guidelines may not be used in an issuance by another governmental entity on behalf of the Non-Home Rule unit or as a surrogate for the Non-Home Rule unit via an intergovernmental or other agreement. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 241 of 629 14 APPENDIX A STANDARD FORM OF LETTERS 242 of 629 15 (Letterhead of Signatory) ALLOCATION REQUEST LETTER FROM ALL ISSUERS (Date) Office of the Governor Governor’s Office of Management and Budget 100 W. Randolph Street – Suite 15-100 Chicago, IL. 60601 Attn: Sophia Ronis ATTENTION: Debt Management Unit RE: Issuer: ________________________________________ Type: (Home-Rule, Non-Home Rule or State agency) Maximum Principal Amount: _______________________ Bond Description: (project, beneficiary, location, type/category of bonds) Dear Governor Bruce Rauner: In accordance with the Tax Reform Act of 1986 as passed by 99th Congress 2nd Session (1986), as amended, and 30 ILCS 345, the (name of issuer) respectfully requests an allocation for the above-captioned private activity bonds. In preparation for this bond issue to date, all applicable Federal and State requirements have been complied with. A copy of the inducement resolution or similar official action for this issue has been attached herewith. [(The following is required only of Non-Home Rule units which expect to join other units in a single bond issue as described in the guidelines): I hereby certify that (name of issuer) intends to comply with requirements set forth in the Governor's Office guidelines and will not transfer or reallocate any cap received from the Governor's Office to other Non-Home Rule or Home-Rule units and will use the cap only within our jurisdiction.] I hereby certify under penalty of perjury, that to the best of my knowledge, the issuance of the Private Activity Bond was or will not be made in consideration of any bribe, gift, gratuity or direct or indirect contribution to any political campaign. Please forward the allocation approval letter to the undersigned [or to: ______________]. Bond counsel for these bonds [is expected to be ______________, who may be reached at [phone number]] [has not yet been selected]. Sincerely, (Name of issuer) ______________________________ (Signature of authorized public official) (Title) (Phone number) [Note: The Bond description cannot be materially changed after submission.] 243 of 629 16 (Governor’s Letterhead) BOND ALLOCATION APPROVAL LETTER (Date) Allocation Number (our assigned number) (Name of issuer) Attention: (Name of Official) Re: Issuer: ________________________________________________ Type: (Home-Rule, Non-Home Rule or State agency) Maximum Principal Amount: ______________________________ Bond Description: (project, beneficiary, location, type/category of bonds) Ladies and Gentlemen: In accordance with the Tax Reform Act of 1986, as amended, and 30 ILCS 345, the above-captioned Issuer has requested an allocation for Private Activity Bonds with respect to the above-captioned bonds. In support of this request, I have been presented with the resolution duly adopted by the Issuer or similar official action with respect to the above-captioned bonds. I hereby allocate $________ of the State’s 2018 maximum limit on private activity bonds to the above-captioned Issuer. Pursuant to Section 6 of the Illinois Private Activity Bond Allocation Act, this allocation is only valid if: (1) the proceeds from the bonds (the “Bonds”) utilizing the bond volume cap are to originate single family mortgages to finance the purchase of homes located within the jurisdiction of the unit local government applying for the bond volume cap, or the costs associated therewith, or, if not so used, applied to redeem the Bonds; and (2) the unit of local government is the Issuer of the Bonds. “Issuer” as used herein is the entity named on the Bonds and obligated for the repayment of the Bonds and does not include an entity for whom bonds have been issued by another party via an intergovernmental or other agreement. This allocation is valid through and including __________________. If the above-captioned bonds have not been issued by said date this allocation automatically expires and is available for reallocation. Sincerely, BRUCE RAUNER Governor 244 of 629 17 (Letterhead of Signatory) CONFIRMATION OF BOND ISSUANCE TO BE PROVIDED BY ISSUER (Date) [Within 10 calendar days of issuance] Allocation Number: (assigned by us in the allocation approval letter) Office of the Governor Governor’s Office of Management and Budget 100 W. Randolph Street – Suite 15-100 Chicago, IL. 60601 Attn: Sophia Ronis ATTENTION: Debt Management Unit Re: Issuer: ____________________________________________ Type: (Non Home-Rule, Home-Rule or State agency) Date of Issuance: ___________________________________ Principal Amount Issued: ____________________________ Bond Description: (project, beneficiary, location, type/category of bonds) Dear __________: In accordance with the Tax Reform Act of 1986, as amended, and 30 ILCS 345, the above- captioned Issuer is giving notice that the above-captioned private activity bonds have been issued. With regard to the issuance of these bonds, all applicable federal and state requirements have been complied with. The total allocation provided for this bond issue in the Allocation Approval Letter dated __________________ was $_______________. The total principal amount actually issued was $___________________________ and, therefore, the amount of $_________________ is unused allocation that may be added to the total available allocation. Sincerely, (Name of issuer) ______________________________ (Signature of authorized public official) (Title) Attachments [Note: If the bonds were issued on the basis of a voluntary reallocation of unused allocation or as a result of a carry-forward of allocation from a prior year, this fact should be so stated in this confirmation letter and a copy of the written evidence of such reallocation or carry-forward should be attached.] 245 of 629 18 (Letterhead of Signatory) REPORT OF ALLOCATION GRANTED BY HOME-RULE UNITS (Date) [Due Thursday, May 10, 2018] Office of the Governor Governor’s Office of Management and Budget 100 W. Randolph Street – Suite 15-100 Chicago, IL. 60601 Attn: Sophia Ronis ATTENTION: Debt Management Unit Re: Issuer: (Home-Rule unit) Total 2018 Volume Cap Allocation: [see list attached to guidelines for population, multiplied by $105.00 ] Volume Cap allocations granted, transferred, or reserved by Issuer resolution prior to May 1, 2018: 1. Principal Amount of Issue: ________________________ Bond Description: (Type of bond) (Repeat as necessary identify all specific allocations) If reallocated to another issuer, state name of issuer:________________________ Copies of allocation resolutions or ordinances are attached. [Note: Memorandums of agreements with businesses need not be attached.] Total Allocation Granted or Reallocated $____________________________ Sincerely, (Name of issuer) ______________________________ (Signature of authorized public official) (Title) (Phone number) 246 of 629 19 APPENDIX B ANNUAL HOUSING REPORT SAMPLE FORM (Excel version available for download on GOMB website - (http://www.illinois.gov/gov/budget/Pages/default.aspx) 247 of 629 20 Statutory Requirement (30 ILCS 345/7.5)Explanation/Detail Insert Required Information Bond Issuer Entity Issuing Bonds: Person Completing Report (Drafter)Name: Drafter Contact Information Company: Address: Address: City, State, Zip: Phone: E-mail Address: Reporting Period Calendar Year: Date of Report Date (no less than 45 days prior to end of Reporting Period): Bond Proceeds Used for Projects and Loans Percentage of Total Issuance: Total Cost of Issuance Amount: Bond Proceeds Used to Refund Prior Bonds Amount: Unused Proceeds at Time of Report Amount: Plan for Use of Any Unused Proceeds For Multifamily Rental Units Only Total Number of Developments Total: Total Number of Units Total: Income Levels for All Units (using Area Median Income, or "AMI") No. Units at 30% AMI or less: No. Units at 40% AMI: No. Units at 50% AMI: No. Units at 60% AMI: No. Units at 80% AMI: No. of Other Restricted Units (____% AMI): No. of Other Restricted Units (____% AMI): No. of Other Restricted Units (____% AMI): Unrestricted (Market Rate): Annual Comprehensive Housing Plan Priorities (see below for priority key) For Single Family Units Only Loans and Households Achieving Homeownership with Bond Proceeds Number of Mortgage Loans: Number of Households: Loan Amounts, Actual and Effective Interest Rates Annual Comprehensive Housing Plan Priorities (see below for priority key) First-time Homebuyers Number: Homeownership Counseling No. of assisted homeowners who received any homeownership counseling: Key to Priorities Any questions on how to complete this form should be directed to Charlotte Flickinger at the Illinois Housing Development Authority at 312-836-5200 or TTD 312-836-5222. QUESTIONS????? Extremely Low Income - No. Units Serving Very Low-Income (less than 30% AMI) Households and Families Very Low Income - No. Units Serving Very Low-Income (31 to 50% AMI) Households and Families Disabled - No. Units Serving People with Disabilities (as defined in the Illinois Comprehensive Housing Plan, found at www.ihda.org; choose "Housing Policy and Planning" in the left margin) Homeless - No. Units Serving Homeless People and Families and Those At-Risk of Homelessness Live Near Work - No. Units Serving Low and Moderate-Income Families and People Unable to Find Affordable Housing Near Employment or Transportation Preservation - No. of Units for Low-Income Families and People Living in Existing Affordable Housing that is in Danger of Becoming Unaffordable Attach detail showing the number units serving the priority populations described below, along with documentation showing efforts to serve Priority Populations, when available. Attach detail showing the number units serving the priority populations described below, along with documentation showing efforts to serve Priority Populations, when available. Attach List of Individual Loan Amounts, detailing the actual and effective interest rate for each loan. Bond Issuer Annual Reporting Form Attach Narrative and Supporting Documentation Showing Commitments to Utilize Proceeds, including timetable for use. Information Required for All Bond Issues NOTE: The table of current AMI figures to be used in compiling this information may be found at http://www.ihda.org/Downloads.aspx (search "Income Limits") or by calling the Illinois Housing Development Authority at 312-836-5200. 248 of 629 21 APPENDIX C POPULATION ESTIMATES 249 of 629 22 1. Home Rule Communities: Secretary of State – Index Department 2. Population Data Source: Population Division of the U.S. Census Bureau - “Table 1: Annual Estimates of the Population for the United States, Regions, States, and Puerto Rico: April 1, 2000 to July 1, 2017 (NST-EST2017-01) on December 20, 2017 250 of 629 23 Home Rule Unit1 Population2 Home Rule Unit1 Population2 Mettawa Village 547 Robbins Village 5,337 Midlothian Village 14,819 Rockdale Village 1,976 Moline City 43,483 Rock Island City 39,018 Monee Village 5,148 Rolling Meadows City 24,099 Monmouth City 9,444 Romeoville Village 39,680 Morton Grove Village 23,270 Rosemont Village 4,202 Mound City City 588 Round Lake Beach Village 28,175 Mount Prospect Village 54,167 St. Charles City 32,974 Mount Vernon City 15,277 Sauget Village 159 Muddy Village 68 Schaumburg Village 74,227 Mundelein Village 31,064 Schiller Park Village 11,793 Murphysboro City 7,970 Sesser City 1,931 Naperville City 141,853 Sherman Village 4,148 Naples town 130 Shorewood Village 15,615 Nauvoo City 1,149 Skokie Village 64,784 New Lenox Village 24,394 South Barrington Village 4,565 Niles Village 29,803 South Holland Village 22,030 Normal town 52,497 Springfield City 116,250 Norridge Village 14,572 Standard Village 220 Northbrook Village 33,170 Stickney Village 6,786 North Chicago City 32,574 Stone Park Village 4,946 Northfield Village 5,420 Streamwood Village 39,858 Northlake City 12,323 Sycamore City 17,519 North Utica Village 1,352 Summit City 11,054 Oakbrook Terrace City 2,134 Thornton Village 2,338 Oak Forest City 27,962 Tilton Village 2,724 Oak Lawn Village 56,690 Tinley Park Village 56,703 Oak Park Village 51,878 Tuscola City 4,480 O'Fallon City 28,281 University Park Village 7,129 Old Mill Creek Village 178 Urbana City 41,250 Onarga Village 1,368 Valier Village 669 Orland Park Village 56,767 Valmeyer Village 1,263 Oswego Village 30,355 Vernon Hills Village 25,113 Palatine Village 68,557 Volo Village 2,929 Park City City 7,570 Warrenville City 13,140 Park Forest Village 21,975 Washington City 15,134 Park Ridge City 37,480 Watseka City 5,255 Pekin City 34,094 Waukegan City 89,078 Peoria City 115,007 West Chicago City 27,086 Peoria Heights Village 6,156 West City Village 661 Peru City 10,295 West Dundee Village 7,331 Phoenix Village 1,964 West Frankfort City 8,182 Plainfield Village 39,581 Wheaton City 52,894 Posen Village 5,987 Wheeling Village 37,648 Prairie Grove Village 1,904 Williamsville Village 1,476 Quincy City 40,633 Wilmette Village 27,087 Rantoul Village 12,941 Winnetka Village 12,187 Riverdale Village 13,549 Woodridge Village 32,971 River Grove Village 10,227 Woodstock City 24,770 Riverwoods Village 3,660 1. Home Rule Communities: Secretary of State – Index Department 2. Population Data Source: Population Division of the U.S. Census Bureau - “Table 1: Annual Estimates of the Population for the United States, Regions, States, and Puerto Rico: April 1, 2000 to July 1, 2017 (NST-EST2017-01) on December 20, 2017 251 of 629 For City Council meeting of May 14, 2018 Item A7 Resolution 27-R-18, Termination of Lease at 2222 Oakton with Smylie Brothers For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Wally Bobkiewicz, City Manager Erika Storlie, Assistant City Manager Paul Zalmezak, Economic Development Division Manager Subject: 27-R-18, Termination of Lease of City-Owned Property Located at 2222 Oakton Street Date: May 2, 2018 Recommended Action: Staff recommends City Council adopt Resolution 27-R-18, “Authorizing the City Manager to Execute a Mutual Termination of Lease Agreement for City-Owned Real Property Located at 2222 Oakton Street with Smylie Brothers Draft and Package LLC”. Staff also requests direction on next steps for the property. Funding Source: Not Applicable. Livability Benefits: Not Applicable. Summary: Smylie Brothers Brewing Company has requested the City of Evanston agree to terminate the lease of the former recycling center at 2222 Oakton. In the attached letter dated April 10, 2018, Michael Smylie indicated he “was unable to raise sufficient funding to complete the project as planned” and “appreciates the efforts (the City of Evanston) took to launch this project.” Mr. Smylie cites Section 2(b) of the lease and requests to “opt out of the lease based on the mutual termination language.” In April of this year, staff learned from a social media post (attached) that Smylie Brothers had identified a location for production in Chicago. Mr. Smylie reported to staff that during the summer of 2017, they had the opportunity to take over the former Aquanaut brewery and all of the equipment. He reported the building was set up as an operational brewery and needed no improvements. This provided them a “dedicated Memorandum 252 of 629 Sour Beer or alternative yeast production site so as not to infect mainstream beers produced at the future 2222 Oakton location.” It was also to serve as a backup to the current brew pub in downtown Evanston so the business “would not continue to have beer shortage issues due to onsite demand.” Mr. Smylie reported that he would have preferred to have both the Chicago and 2222 Oakton locations running “side by side”. In fall 2017, after acquiring the Aquanaut property, the planned financial partner for 2222 Oakton backed out of the deal. Mr. Smylie reports he has spent significant time and money in a failed attempt to find a new partner. Furthermore, the requirements to complete the conversion of 2222 Oakton to a brewery are beyond Smylie Brothers Brewing Company’s financial abilities. Upon review of the lease, staff does not agree with Mr. Smylie’s suggestion that “mutual termination language” exists, nor does Section 2(b) of the lease provide Smylie Brothers Brewing Company with lease termination rights based on inability to “raise sufficient funding.” Staff recommends terminating the lease, nonetheless, as Smylie Brothers Brewing Company has no intention of completing the project, as evidenced by the acquisition of the Aquanaut space. Therefore it is in the best interest of the City to identify another productive use for the property. Staff is seeking direction from the City Council on preferred action for disposition or reuse of the 2222 Oakton property. The property is highly desirable and has numerous interested parties. Possible options for the property include: 1. Deny request to terminate lease, Smylie remains responsible for lease terms 2. Initiate a new RFQ/P process for lease with preferred use guidelines identified 3. Initiate a new RFQ/P process for sale of the property 4. List the property for sale (let market use site as zoning/regulations allow) 5. Reuse the property for city use as storage or similar 6. Demolish the property Staff has received a number of inquiries about the property during the prolonged lease negotiations and due diligence process. Currently, three parties have expressed an interest in acquiring the property, which are summarized as follows: Entity Proposed Use Purchase / Lease Peckish Pig Event Space / Restaurant Lease Active Applications, LLC Co-working Fitness Center Lease Clark Street / First Ascent Climbing & Fitness Rock climbing terrain, yoga classes, and fitness equipment Purchase 253 of 629 The proposed uses were unsolicited and should City Council provide direction to undertake an RFQ/P process or list the property for sale there would likely be several more interested parties who are unaware of the current circumstances of the property. The property was appraised at $845,000 in July of 2015. It is recommended that a new appraisal be conducted to determine current market value. Since closing the recycling function, the City has used the building in numerous ways including: • Public Works materials and equipment storage including (during winter months) stone and cold mix asphalt available to backfill excavations • Parks & Recreation boat and other water vessel storage during the winter • Public Works winter equipment storage during summer months. Finally, the police department recently requested temporary use of the facility to store vehicles being held for seizure proceedings with the Cook County State’s Attorney. Background: The City of Evanston sought proposals for the 2222 Oakton property in May 2015. Since the closure of the property as a recycling facility, the property had served as storage for City equipment. In addition to Smylie Brothers Brewing Company, respondents included First Ascent Climbing & Fitness and a youth basketball program. The Smylie Brothers proposal was selected as most responsive and provided an opportunity to assist a local business expand by enabling Smylie Brothers to brew larger quantities of beer that would include canning of beers for larger distribution. In July 2015, the City Council approved moving forward with lease negotiations with Smylie Brothers after adoption of Resolution 70-R-15, “Authorizing the City Manager to Negotiate a Real Estate Contract for the Recycling Center for an Entertaining, Dining and/or Retail Use with Smylie Brothers Brewing Company, LLC”. In December 2016, after months of due diligence and lease discussions, the City Council authorized the lease with Smylie Brothers and a month later, the lease at 2222 Oakton commenced (January 1, 2017). Key terms of the lease agreement included: • City would retain ownership of the property, and tenant would be responsible for rent, property taxes, and maintenance costs of the facility. • The lease would be for 10 years and include two, five-year options for additional lease periods. • Initial rent would be $12.50 per square foot which is $163,750 annually and $13,645.83 monthly (based on 13,100 square feet of building). For the first 18 months, after executing the lease, the tenant will have free rent to accommodate due diligence and construction. Within those 18 months, the first four months permits a due diligence period that will allow the tenant to further study the property and allow for the flexibility to exit the deal if it was determined the project was no longer feasible. 254 of 629 • Subject to future City Council approval, the tenant would have the ability if to purchase the property at a later date. No rent paid prior to that time would be credited toward the purchase of the property; no investments made by the tenant to the property will be treated as credits toward a future purchase. The purchase price of the property would be based on the appraised value of the property at time of sale/purchase and approval and authorization by the City Council at that point in time. • Tenant is required to include kitchen operations in the new brewery to offer food options to patrons of the tap room at the new location. • The outdoor patio would be restricted to individuals 21 and over; individuals under 21 would need to be accompanied by an individual over 21 in order to occupy this outdoor space. Additionally the patio would be fenced in order to maintain boundaries for use of the space. • This lease does not contemplate or permit the use of adjacent park space use by Smylie Brothers. • The City was to improve the parking between the 2222 Oakton property and the Evanston Animal Shelter. This project was held while Smylie worked to identify an investor. Legislative History: The City Council approved Resolution 70-R-15, authorizing the City Manager to negotiate with Smylie Brothers at the July 13, 2015 City Council meeting. The City Council approved 48-O-16, authorizing the City Manager to Execute a Lease of City-Owned Real Property Located at 2222 Oakton Street with Smylie Brothers Draft and Package LLC on December 12, 2016. Attachments: -Resolution 27-R-18 with executed lease -Termination Letter -Copy of Social Media Post 255 of 629 4/25/2018 27-R-18 A RESOLUTION Authorizing the City Manager to Execute a Mutual Termination of Lease Agreement for City-Owned Real Property Located at 2222 Oakton Street with Smylie Brothers Draft and Package LLC WHEREAS, the City of Evanston owns certain real property located at 2222 Oakton Street, Evanston, Illinois 60202, which is improved with a single story 13,800 square foot building commonly known as the “Recycling Center” (the “Property”); and WHEREAS, in 2016, the City conducted a public process to redevelop the Property, formal proposals were submitted, and Smylie Brothers Brewing Draft and Package LLC was selected as the tenant for the building to build a brewery and taproom at the site. Attached as Exhibit 1 is a copy of the Lease Agreement; and WHEREAS, Smylie Brothers Draft and Package LLC seeks to terminate the lease with the City because it cannot raise sufficient funds to redevelop the Property into a brewery and tap room; and WHEREAS, the City Council hereby finds and determines that the best interests of the City of Evanston and its residents will be served by terminating the Agreement; and NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: 256 of 629 - 2 - SECTION 1: The City Council hereby authorizes the termination of the lease agreement between the City and Smylie Brothers Draft and Package LLC for the property at 2222 Oakton Street. SECTION 2: The City Manager is hereby authorized and directed to take any additional steps to terminate the lease agreement between the parties that he deems to be in the best interests of the City. SECTION 3: This resolution 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: _______________________________ Devon Reid, City Clerk Adopted: __________________, 2018 Approved as to form: ______________________________ Michelle L. Masoncup, Interim Corporation Counsel 257 of 629 - 3 - EXHIBIT 1 Lease Agreement 258 of 629 49817532v4 LEASE between Smylie Brothers Draft & Package LLC an Illinois limited liability company as Tenant and CITY OF EVANSTON An Illinois municipal corporation, as Landlord 2222 Oakton Street EVANSTON, ILLINOIS 60202 259 of 629 TABLE OF CONTENTS 1. PROPERTY .................................................................................................................................. 1 2. TERM ............................................................................................................................................. 1 3. RENT ............................................................................................................................................. 2 4. CONSTRUCTION ...................................................................................................................... 3 5. FIXTURES .................................................................................................................................... 4 6. USE OF PREMISES .................................................................................................................... 4 7. MAINTENANCE ........................................................................................................................ 5 8. PAYMENT OF TAXES ............................................................................................................. 6 9. DAMAGE AND DESTRUCTION ......................................................................................... 7 10. INSURANCE ................................................................................................................................ 8 11. INDEMNIFICATION ............................................................................................................... 9 12. EXERCISE OF EMINENT DOMAIN ................................................................................ 10 13. UTILITIES .................................................................................................................................. 11 14. COVENANTS AGAINST LIENS ......................................................................................... 11 15. ASSIGNMENT AND SUBLETTING .................................................................................. 12 16. NOTICES .................................................................................................................................... 12 17. RIGHT TO GO UPON PREMISES ..................................................................................... 12 18. DEFAULT ................................................................................................................................... 13 19. SIGNS .......................................................................................................................................... 14 20. REPRESENTATIONS AND WARRANTIES .................................................................... 14 21. HOLDING OVER; END OF TERM ................................................................................... 16 22. EXPENSES OF ENFORCEMENT ...................................................................................... 16 23. SUCCESSORS IN INTEREST ............................................................................................... 16 24. REMEDIES ARE CUMULATIVE ........................................................................................ 16 25. QUIET POSSESSION .............................................................................................................. 16 26. ALTERATION ........................................................................................................................... 17 27. HAZARDOUS SUBSTANCES ............................................................................................... 17 28. GENERAL CONDITIONS .................................................................................................... 18 29. SUBORDINATION .................................................................................................................. 20 260 of 629 1 L E A S E THIS LEASE AGREEMENT is made by and between CITY OF EVANSTON (“Landlord”), an Illinois municipal corporation and SMYLIE BROTHERS DRAFT & PACKAGE, LLC, an Illinois limited liability company d/b/a Smylie Bros. (“Tenant”). W I T N E S S E T H: 1. PROPERTY (a) Property. Landlord is the fee simple owner of certain real property at 2222 Oakton Street, Evanston, Illinois 60202, which is the former recycling processing center facility, legally described in Exhibit “A” attached hereto and incorporated herein (the “Property”). The Property has a total of approximately 33,580 square feet of land, improved with a 13,100 square foot one-story building (“Building”)Landlord does hereby lease the Premises to Tenant, for Tenant’s exclusive use and control, together with all appurtenances thereto, pursuant to the terms and conditions of this Lease. During this Lease Term, the Property and Building will be collectively referred to as “Premises”. (b) Parking. This Lease does include the use of seven (7) parking spaces for employees and one (1) ADA compliant parking space, all located on the northern side of the Premises which is part of the Rental Rate (“Premises Employee Parking”). Tenant and tenant’s employees may not utilize any on street parking spaces on Oakton Street. Landlord will install parking meters for the non- employee parking space, which are outlined on the Site Plan. The parking lot portion of the Premises will be included in the separate parcel from the building with the subsequent PIN Division, as more fully described in Section 8(e). 2. TERM (a) Primary Term. Subject to the provisions of this Lease, the “Primary Term” must be for 10 years (120 months) and must commence on the 1st day of January 2017 (“Commencement Date”) and must end at 11:59 p.m. on the 31st day of December 2027, except as otherwise terminated as provided herein. (b) Inspection Period. The period beginning with the Commencement Date and ending at the later of (a) four (4) months after the Commencement Date or (b) the date on which Landlord delivers to Tenant the drawings of the Parking Lot described in Section 1(b) above and written notice of the boundaries of the PIN Division of the two parcels as described in Section 8(e) below plus sixty (60) days, must be considered a due diligence period for Tenant to inspect the Premises. During this period (the “Inspection Period”), Tenant, at its sole expense, may obtain an inspection of all buildings and related improvements located on the Property. In addition to Landlord’s Representations and Warranties set forth in Section 20 below, Landlord hereby gives Tenant the right to conduct any sampling or other invasive testing of the Building, foundation, concrete, water, soil, air or building improvements on or beneath the Property. Tenant must receive Landlord’s written consent prior to any soil testing, which consent shall not be unreasonably denied or delayed. The Parties recognize that, prior to the execution of this Lease, Tenant was given the opportunity to conduct inspection and testing of the concrete and foundation of the Building to preliminarily determine whether they were suitable for Tenant’s intended purpose, but that opportunity does not preclude Tenant from conducting additional testing during the Inspection Period. Tenant must 261 of 629 2 repair any damage done to the Property by any inspection during the Inspection Period. Tenant must insure that any party entering onto the Realty for purposes of inspection maintains commercially reasonable liability insurance naming Landlord as an additional insured. Tenant must indemnify, defend and hold Landlord harmless from and against any loss, cost, liability or expense Landlord may incur resulting from any such inspection. Tenant must have until the end of the Inspection Period to terminate this Lease by written notice to Landlord. If Tenant does not deliver a written notice to Landlord before the end of the Inspection Period terminating this Lease, then Tenant is deemed to have waived this inspection contingency and any right to object to the condition of the Premises. In no event must Landlord be required to cure any matter to which the Tenant objects relating to the condition of the Premises. (c) Extended Lease Terms. Provided Tenant is not otherwise in default beyond any applicable cure period, replaced or otherwise amended such that Tenant is still permitted to conduct the Permitted Use from the Premises, Tenant must have two (2) options (individually, a “Lease Extension Option”), for two (2) immediately successive periods of five (5) years each (each an “Extension Term”) upon the same terms, covenants and conditions as herein provided. Each Lease Extension Option must be exercised by Tenant delivering to Landlord written notice of such election, not less than one hundred twenty (120) days prior to the expiration of the then current term. The exercise by Tenant of any one Lease Extension Option must not be deemed to impose upon Tenant any duty or obligation to renew for any further period of time, and that the exercise of any Lease Extension Option must be effective only upon the giving of notice of extension in accordance with the foregoing provisions. The Primary Term together with any Extension Term(s) is referred to herein collectively as the “Term”. (d) Option to Purchase. (i) Option to Purchase. Tenant initially is a Tenant of the Property which is owned by Landlord. As such, Tenant's monthly payments are rental payments and will not be applied to the Purchase Price if Tenant exercises the option to purchase described herein. Tenant has an option to purchase the Building and the Property, so long as the Tenant is in compliance with the terms of this Agreement at the end of the Primary Term and at any time during any Extension Terms (the “Option to Purchase”). Tenant must submit written notification to Landlord that it intends to exercise the Option to Purchase within one hundred and twenty (120) days of expiration of the Primary Term. The provisions of this Lease relating to taking the Property “As Is” (§ 20(xiii)) and waiver of claims arising under Environmental Laws (§27(d)) shall be a condition of purchase and shall survive closing. (ii) Purchase Price. The purchase price of the Building will be a negotiated price between the Parties, with each Party relying on its own research and valuations, including appraisal(s) of the Building and Property. If the Parties cannot agree upon a purchase price, then: (a) each Party shall select its own appraiser; (b) the Parties’ appraisers shall select a third appraiser; (c) each of the three appraisers shall render an appraisal of the fair market value of the combined Building and Property; and (d) the purchase price will be the middle appraised fair market value. A closing will occur upon the Parties executing a purchase and sale contract (“Building and Property Purchase Agreement”) and the subsequent payment of the Purchase Price at a Closing. Tenant will not be given credit towards the purchase price for the rental payments made to Landlord. 262 of 629 3 (iii) Delinquencies. Should the Tenant have incurred delinquencies in paying rent with Landlord, the Tenant must payoff those delinquencies prior to any offer to exercise its Option to Purchase. (iv) No Obligation to Purchase. Tenant is under no obligation to purchase the Building and has the right to continue under the terms of this Agreement as Tenant/renter for the balance of the Term. However, if the Tenant fails to exercise the option at the conclusion of the Primary Term or any Extension Term, the Option to Purchase must expire. (v) Sale to Third Parties. If Landlord sells the Property to a third party which has no legal affiliation to the Tenant, as a condition of sale, the new purchaser agrees to be bound by the terms of this Agreement and must have no right to evict Tenant, to vary the terms of this Agreement or to terminate this Lease under any terms other than those contained herein. The third party must stand in the shoes of Landlord and must honor all obligations of Landlord and all rights of Tenant as provided for herein. (e) Should Tenant not exercise its Option to Purchase, then Tenant may remove from the Property any non-fixed improvements materials, equipment, mechanics, appliances, and machinery related to the operation of brewery, but must not include the removal of a HVAC unit. Prior to the removal, the Landlord must review the list of items subject to the removal to ensure that the list does not include any items which are affixed to the Property. 3. RENT (a) Fixed Minimum Rent. Commencing on the Commencement Date, and subject to the terms of this Lease, Tenant agrees to pay to Landlord for lease of the Premises: (i) Fixed Minimum Rent (herein so called) described below; and (ii) all other charges due from Tenant to Landlord hereunder as “Additional Rent” (herein so called). (i) Initial Fixed Minimum Rent. Commencing on the Commencement Date and continuing through the Primary Term, Tenant must pay to Landlord the sum of One Hundred Sixty-Three Thousand Seven Hundred Fifty and no/100 Dollars per annum in monthly installments of Thirteen Thousand Six Hundred Forty-Five and 83/100 Dollars ($13,645.83) ($12.50 per square foot per annum/13,100 sq. feet). The rent specified in this paragraph 3(a) (i) as adjusted pursuant to paragraph 3(a) (ii) below must be deemed “Fixed Minimum Rent” for purposes of this Lease. The Parties agree that, during the first eighteen months (18 months) following the Commencement Date the Fixed Minimum Rent will not be assessed. The first Rent payment will be due on the 1st day of the 19th month from the Commencement Date. (ii) Fixed Minimum Rent Adjustments. The Fixed Minimum Rent set forth in Section 3(a) (i) above must be adjusted at the beginning of each year during the Primary Term and during the Extension Term years, if applicable, in an amount equal to the Consumer Price Index for that year. In no event must adjustments be made based on Tenant’s improvement of the Property or expansion of the Building; to the extent Landlord relies on its own or third parties’ value assessments, the same must be based on the Building as it exists on the day before the Commencement Date. Expansion of the Building footprint, as outlined on the Site Plan (Exhibit D) will increase the Fixed Minimum Rent, which includes adding floor area within the Building or expanding the patio area on the exterior of the Property. If Tenant installs detached outdoor 263 of 629 4 storage on the Property, such as a digester, this will not increase the Fixed Minimum Rent. (iii) Late Fee and Interest. In the event any sums required hereunder to be paid are not received by Landlord on or before the date the same are due, then, Tenant must on demand pay, as additional rent, a service charge of Two Hundred Dollars ($200). In addition, interest must accrue on all past due sums at an annual rate equal to the lesser of six percent (6.0%) per month and the maximum legal rate. Such interest must also be deemed Additional Rent. (b) Time and Place of Payment. Tenant must pay to Landlord Fixed Minimum Rent in advance, in equal monthly installments, and without prior notice, setoff (unless otherwise expressly permitted herein) or demand, except as otherwise specifically provided herein, on or before the first (1 st) day of each calendar month during the Term hereof to: City of Evanston Attn: Administrative Services Dept., Finance Division 2100 Ridge Avenue, Room 4500 Evanston, IL 60201 4. CONSTRUCTION (a) Tenant Improvements. Tenant represents, covenants and agrees, at its sole cost and expense, that it must construct and develop, or cause to be constructed, in accordance with the provisions of this Lease and the City of Evanston Code of 2012, as amended, regulations, including but not limited to the Zoning and Building Code, the improvements to the Premises, in accordance with the Plans, hereinafter defined (herein “Tenant’s Work”). Landlord, at the Commencement Date, must deliver the Property and Building to Tenant in an “AS IS” condition, except as otherwise represented and warranted in Sections 20 and 27, and vacant. (b) Plans and Specifications. Landlord acknowledges and agrees that Tenant’s plans for leasehold improvements to the Premises, as set forth on Exhibit C and D, must be attached hereto and made a part hereof by this reference not later than the conclusion of the Inspection Period (“Plans”). Tenant must take the Plans through the building permit process as required by Code and Landlord does not approve said Plans by this Lease Agreement. Landlord represents and warrants to Tenant that Landlord will not withhold or condition any licenses, permits (including business licenses, building permits or occupancy permits) or other permissions or authorizations required for Tenant to operate in the Premises for any reason so long as Tenant’s Work is constructed in conformance with the Plans and City Code. Tenant must obtain, or cause to be obtained, in connection with, and prior to the commencement of, the construction of such improvements, builder’s risk insurance for the full estimated value of the proposed improvements and workers’ compensation insurance in amounts required by law as well as all applicable permits. (c) Tenant Construction Indemnification. Subject to Section 11(a), Tenant indemnifies, defends and holds Landlord and Landlord's shareholders, officers, directors, employees and agents harmless from and against any costs, claims, expenses (including, without limitation, reasonable attorney ’s fees) or liabilities resulting from any injury or death of any person or persons or any damage to property that arises from or relates to Tenant’s Work. This provision must expressly survive the termination or expiration of this Lease. 264 of 629 5 (d) Digester. This Lease does not permit Tenant to place a digester on adjacent City Property to the south of Subject Property. If Tenant seeks to locate a digester at a later date on any adjacent property, the parties will negotiate and if an agreement can be reached, the Lease will be modified in writing, subject to City Council approval. 5. FIXTURES AND EQUIPMENT All trade fixtures and equipment installed by Tenant in or on the Premises (including brewing equipment, furniture, kitchen equipment, satellite communication dish and equipment, registers, other equipment, shelving and signs) must remain the property of Tenant and Tenant may remove the same or any part thereof at any time prior to or at the expiration or earlier termination of this Lease. Tenant must repair at its own expense any damage to the Premises caused by the removal of said fixtures or equipment by Tenant. This provision must expressly survive the termination or expiration of this Lease. 6. USE OF PREMISES (a) Permitted Use. Tenant must have the right, subject to applicable Federal, State and local laws, including Environmental Laws (as hereafter defined) and the terms of this Lease, to use the Premises for the following purpose(s): to run a commercial brewery for production and distribution of beer, and selling beer and food in the Building and adjacent patio area, selling closed container beer in a retail setting, selling associated merchandise, and performance of business related functions to run the brewery (herein collectively “Permitted Use”). Tenant will be constructing a tap room, patio and full service kitchen. Tenant agrees that both spaces must include food service, which must include food that encompasses a meal (i.e. sandwiches, pizzas, etc.) that is available during all hours that the business is open to the public. Tenant warrants that it will ensure that customers do not exit the Building or patio area with open alcohol. (b) Liquor License. Tenant will apply for and maintain a valid liquor license with the State and City of Evanston. This Lease does not in any way bind the Liquor Control Review Board and cannot be construed that Tenant’s future application is granted. Tenant expects to apply for production volume at up to the maximum number of barrels per year for a business of the type Tenant intends to operate, to correspond with its State and Local Liquor License application. Nothing in this Lease must be intended to limit Tenant’s production or to modify Tenant’s rights under any Liquor License that Tenant obtains from the Liquor Control Review Board. (c) Patio Area. The Tenant intends to install a patio with an outdoor bar within the Property (the “Patio”). The restrictions contained herein may be supplemented or expanded by the Liquor Control Review Board: (i) The patio must be maintained by the installation of additional fencing or other structure(s) to demarcate the area utilized by the patio. (ii) The patio must include a clear point of entrance and exit to allow for the checking of identification cards to ensure patrons are over 21 years of age. 265 of 629 6 (iii) Patrons under 21 years of age are permitted to be present on the patio, but only if they are accompanied by a parent or guardian over 21 years old. (iv) Service to patrons of alcoholic beverages on the patio can only be from the outdoor bar. Patrons on the patio must be able to order from the full menu offered by tap room. (v) The Patio must not be open any time after 10:00 p.m.. (vi) Tenant’s Site Plan for the Patio will be attached as Exhibit D at the conclusion of the Inspection Period. The square footage area of the Patio must be no greater than the Site Plan as proposed in Exhibit D. The Patio Area will be subject to the PIN Division described in Section 8(e) and the City will amend the legal description provided in Exhibit A at a later date following the PIN Division. (vii) All maintenance and repairs necessary for the Patio area must be at the sole cost and expense of Tenant. (d) Tenant Exclusive Use of Premises. Landlord covenants and agrees that it has no rights to use, modify, alter or lease any portion of the Building or Property other than as expressly provided in this Lease. (e) No Continuous Operation. Provided Tenant is open for business for at least one (1) day to the general public for the Permitted Use provided herein, anything contained in this Lease, express or implied, to the contrary notwithstanding, Tenant must be under no duty or obligation, either express or implied to thereafter continuously conduct its business in the Premises and any such failure must not, in any way, be deemed an event of default under this Lease, nor must such a failure otherwise entitle Landlord to commence or to maintain any action, suit, or proceeding, whether at law or in equity, relating in any way to Tenant’s failure to continuously conduct its business in the Premises; provided, however that Tenant must otherwise perform and obey the other covenants and agreements contained in this Lease on the part of Tenant to be performed, including the payment of all Fixed Minimum Rent, Additional Rent and any other charges due hereunder. In the event Tenant has ceased operating its business for a continuous period of one hundred eighty (180) days, and the cessation is not the result conduct by Landlord, an act(s) of God, catastrophe, or damage to the Premises, Landlord must have the right, to be exercised by giving Tenant sixty (60) days written notice, to recapture the Premises. During the sixty (60) day period, Tenant may, at its option, resume business. If Tenant does not do so, Landlord may recapture the Premises, and, upon such recapture, this Lease must terminate and neither party must be further obligated hereunder, except to the extent any such obligation hereunder is expressly specified herein to survive the termination of this Lease. (f) Trucks. The following is a list of expectations and covenants that Tenant makes to Landlord regarding commercial trucks at the Property: (i) Tenant’s delivery and production trucks must use the eastern exit of the Premises as the truck entrance and exit point to the extent logistically feasible. If not feasible, Tenant and Landlord agree that Tenant can develop an alternative entrance and exit plan and provide Landlord with written notice of the same. In no event must the Parking Lot contemplated in Section 1(b), Exhibit B and 266 of 629 7 Section 8(e) interfere with Tenant’s enjoyment of the Premises during the Lease Term, including by way of example and not limitation ingress and egress of pedestrians, customer vehicles, and delivery and commercial vehicles associated with Tenant’s use of the Premises. (ii) Tenant agrees to instruct all trucks to exit and enter the Premises from the west, using Oakton Street to McCormick Boulevard to the extent logistically feasible. (iii) The daily delivery times must be between 9:00 a.m. and 6:00 p.m. 7. MAINTENANCE (a) Tenant accepts the Premises in as-is condition and acknowledges that the Landlord has made no representations to the condition or has made any repairs to same except as provided in this Lease except as otherwise represented and warranted by Landlord in Sections 20 and 27 below. The Landlord or Landlord’s staff or other representatives have made no representations or assurances that it will alter or remodel the Premises, other than as provided herein, and all renovations will be at Tenant’s sole cost and expense. (b) Maintenance, Repair and Replacement Responsibilities of Tenant: (i) Tenant is responsible for all aspects of the Premises, including exterior and interior portions of the Premises, including but not limited to all structural and load bearing columns, roof, the HVAC system for the Building, interior sprinkler and fire safety system within the Building, the roof, windows and all soffits, and all structural and non-structural elements of the Building. Any major repairs or replacement work must be in consultation with the Landlord to ensure that the Building and Property are maintained in a sustainable and responsible manner. (ii) All refuse associated with Tenant’s use must be placed in appropriate containers for disposal. Tenant cannot dispose of construction building materials in the standard refuse containers and must arrange for special pick-ups and containers for said materials. A refuse container for regular refuse will be located at the Property in reasonable proximity to the Building. Tenant will contract to have trash hauled from such container with reasonable frequency. (iii) Tenant is responsible for snow, ice removal and leaf removal and general upkeep of the exterior of the Building along the sidewalk and other carriage walks to and from the Building. The snow must be moved to a suitable area on the Premises and not into the Parking Lot described in Sections 1(b) and 8(e) or elsewhere to block the free flow of traffic. In no event must Tenant be responsible for any maintenance whatsoever beyond the Property, including by way of example and not limitation, the Parking Lot described in Sections 1(b) and 8(e) or any other parcels adjacent the Property. (iv) The Tenant will at all times maintain all of the Property in a clean, neat and orderly condition. The Tenant will not use the Property in a manner that will violate or make void or inoperative any policy of insurance held by the Landlord. (v) Tenant will maintain the eastern access entrance to the Property for solely truck traffic associated with the business operations. The eastern entrance cannot be accessed and is closed other than for pickup and deliveries. Tenant will ensure that its customers and employees 267 of 629 8 utilize the western entrance to the Property with appropriate signage or markings. (vi) Construct, maintain and repair the fence that will provide separation from the City of Evanston James Park facilities and patrons from this Property. (vii) Tenant must yield the Premises back to Landlord, upon the termination of this Lease, whether such termination must 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 casualty and reasonable wear and tear accepted. Tenant must make all necessary repairs and replace broken fixtures with material of the same size and quality as that broken. If, however, the Premises must not thus be kept in good repair and in a clean condition by Tenant, 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 Lease or an interference with the possession of the Premises by Tenant, and Landlord may replace the same in the same condition of repair and cleanliness as existed at the date of execution hereof, and Tenant agrees to pay Landlord, in addition to the rent hereby reserved, the expenses of Landlord in thus replacing the Premises in that condition. Tenant must not cause or permit any waste, misuse or neglect of the water, or of the water, gas or electric fixtures. (viii) Tenant will keep all leasehold improvements in compliance with all laws and regulations during the entire Term of this Lease, except for repairs required of the Landlord to be made and damage occasioned by fire, wind or other causes as provided for in this Lease. (c) Construction, Maintenance and Repair responsibilities of Landlord: (i) Parking Lot. Landlord, at its sole cost and expense, must construct, maintain and make repairs to the parking lot (except for damage caused by Tenant). Landlord intends to install meters for parking spaces in the parking lot for community garden members, patrons and volunteers of the Animal Shelter, users of James Park facilities and athletic fields, and customers of Tenant’s business. Except as provided in Section 1(b) above, Landlord is not providing any parking spaces in the Parking Lot area to Tenant. Tenant is entitled to park vehicles next to the building for employees. (ii) Landlord is responsible for snow, ice, and leaf removal from the Parking Lot, but not responsible for the Patio area or surrounding the Building as provided in this Lease. In no event must Landlord’s maintenance of the Parking Lot or any adjacent Property in any way interfere with Tenant’s enjoyment of the Premises or the flow of automobile or pedestrian traffic on the Premises. (ii) Landlord, at its sole cost and expense, must be responsible for upgrading the current traffic signal that permits vehicles to exit from the western entrance of the Property. (iii) The Landlord’s Facilities Division will inspect the Premises in the first quarter of each calendar year to ensure that the Premises is maintained to Landlord standards and the Tenant is maintaining the Premises in accordance with the terms of this Lease Agreement. 8. PAYMENT OF TAXES 268 of 629 9 (a) Definition. For purposes hereof, “Taxes” must mean real property taxes and “Assessments” must mean assessments, general and special, foreseen and unforeseen, for public improvements levied or assessed against the Premises and the improvements thereon for that portion of the Term. (b) Payment. Landlord represents and warrants to Tenant that the Premises is currently exempt from Taxes and Assessments. Upon the conclusion of the Inspection Period, Landlord will endeavor to put the Premises back on the tax rolls with the Cook County Assessor (“Assessor”). Landlord will also list the Tenant as the taxpayer with the Cook County Assessor and Tenant will receive and pay all installment invoices directly. Tenant must thereafter pay all Taxes assessed against the Premises, for the period beginning with the conclusion of the Inspection Period, before any fine, penalty, interest or cost may be added thereto, become due or be imposed by operation of law for the nonpayment of late payment thereof. (c) Prorations. At the end of the Term, Taxes and Assessments to be paid by Tenant must be prorated based on the portion of the fiscal tax year in which this Lease is in effect. (d) Personal Property Taxes. Tenant must pay before delinquency any and all taxes and assessments levied or assessed and becoming payable during the Term, against Tenant’s personal property located upon the Premises. (e) PIN Division. The Landlord will be filing a Resubdivision Application with the Cook County Assessor to divide the Property into two parcels with two separate PINs. The Building will be on one parcel and the parking will be on the other parcel. Tenant’s parcel with the Building will continue to be a taxable parcel, but likely reassessed, and the City will continue to operate and maintain the other parcel with the parking lot. The boundaries for the resubdivided lots are outlined on Exhibit B, the Plat of Resubdivision. The agreement will be amended at a later date with a revised Exhibit A for the new legal description for the Premises and the two lots, and said description will not encroach upon the Interior Site Plan (Exhibit C) or the Site Plan (Exhibit D) or the Tenant’s possession and enjoyment of the Building and Property. 9. DAMAGE AND DESTRUCTION (a) Casualty. If the Premises must be damaged by fire or other casualty by an Act of God (“Casualty”), Landlord must, within one hundred eighty (180) days after such damage occurs (subject to being able to obtain all necessary permits and approvals, including, without limitation, permits and approvals required from any agency or body administering environmental laws, rules or regulations, and taking into account the time necessary to effectuate a satisfactory settlement with any insurance company) repair such damage at Landlord’s expense and this Lease must not terminate. If the foregoing damage is due to the negligence or willful misconduct of Tenant, then Landlord must look first to the insurance carried by Tenant to pay for such damage. Notwithstanding (i) any other provisions of the Lease to the contrary, and (ii) any legal interpretation that all improvements become part of the realty upon being attached to the Premises, following a Casualty, the Landlord must be responsible only for restoring the Premises to building standard levels of improvement at the time of execution of this Lease and must not include the tenant improvements completed and installed following execution of this Lease, and the tenant must be responsible for insuring and replacing the above building standard tenant improvements or 269 of 629 10 betterments that made the Premises “customized” for Tenant’s use. C ustomized improvements include, but not limited to: any and all brewing equipment and fixtures, alarm censored doors, wood flooring, and custom cabinetry. Except as otherwise provided herein, if the entire Premises are rendered untenantable by reason of any such damage, or if Tenant cannot utilize Property and Building for its intended use by reason of any damage of any size or scope whatsoever, then all Fixed Minimum Rent and Additional Rent must abate for the period from the date of the damage to the date the damage is repaired, and if only a part of the Premises are so rendered untenantable but the damage does not prevent Tenant from utilizing the Property for its Permitted Use, the Fixed Minimum Rent and Additional Rent must abate for the same period in the proportion that the area of the untenantable part bears to the total area of the Premises; provided, however, that if, prior to the date when all of the damage has been repaired, any part of the Premises so damaged are rendered tenantable and must be used or occupied by or through Tenant, then the amount by which the Fixed Minimum Rent and Additional Rent abates must be apportioned for the period from the date of such use or occupancy to the date when all the damage has been repaired. (b) Repair to Leasehold Improvements. Landlord must have no obligation to repair damage to or to replace any leasehold improvements, Tenant’s personal property or any other property located in the Premises, and Tenant must within thirty (30) days after the Premises is sufficiently repaired so as to permit the commencement of work by Tenant, commence to repair, reconstruct and restore or replace the Premises (including fixtures, furnishings and equipment) and prosecute the same diligently to completion. Notwithstanding the foregoing, Tenant’s Fixed Minimum Rent and Additional Rent must continue to be abated as provided in Section 9(a) above, until the Property is once again suitable for its Permitted Use. (c) Termination Right. Notwithstanding any provision contained herein to the contrary, Tenant must have the option and right to terminate this Lease if, (a) the Premises must be so damaged by Casualty that it cannot be fully repaired within one hundred eighty (180) days after the date of damage; (b) during the last eighteen (18) months of the Term of this Lease, the Premises is damaged by a Casualty in amount exceeding thirty-three and one-third percent (33.33%) of the square footage of the Premises or a lesser amount (no matter how small) that leaves Tenant unable to utilize the Premises for their Permitted Use, provided that, in such event, such termination of this Lease must be effected by written notice within ninety (90) days of the happening of the Casualty causing such damage. This provision must expressly survive the termination or expiration of this Lease. 10. INSURANCE (a) Tenant agrees to maintain a policy or policies of commercial general liability insurance written by an insurance carrier rated at least Class A or better in Bests Key Rating Guide of Property-Casualty Insurance Companies and licensed to do business in the state in which the Premises is located which must insure against liability for injury to and/or death of and/or damage to personal property and the Premises of any person or persons, with policy limits of not less than $3,000,000.00 combined single limit for injury to or death of any number of persons or for damage to property of others not arising out of any one occurrence. Said policy or policies must provide, among other things, blanket contractual liability insurance. Tenant’s policy must cover the Premises and the business operated by Tenant and must name Landlord as an additional insured. Landlord is self-insured up to $1.25 Million and agrees to maintain an excess policy or policies of commercial general liability insurance over the self-insured limit written by an insurance carrier with a rating at least Class A or better in the Bests Key Rating Guide and licensed to do 270 of 629 11 business in the state in which the Premises is located which must insure against liability for injury to and/or death of and/or damage to personal property of any person or persons, with policy limits of not less than $2,000,000.00 combined single limit for injury to or death of any number of persons or for damage to property of others not arising out of any one occurrence. Landlord’s policy must name Tenant as an additional insured. Subject to the terms of Paragraph 9(a), Landlord must maintain casualty insurance covering the entire Premises and any alterations, improvements, additions or changes made by Landlord thereto in an amount not less than their full replacement cost from time to time during the Term, providing protection against any peril included within the classification of “all risks”. (b) Each of the parties hereto agrees to maintain and keep in force, during the Term hereof, all Workers' Compensation and Employers' Liability Insurance required under applicable Workers' Compensation Acts. (c) Within thirty (30) days after written request, each of the parties agrees to deliver to the other a certificate of insurance as evidence that the policies of insurance required by this Section 10 have been issued and are in effect. (d) Waiver of Subrogation. Neither Landlord nor Tenant must be liable to the other or to any insurance company (by way of subrogation or otherwise) insuring the other party for any loss or damage to any building, structure or other tangible property, or any resulting loss of income for property or general liability losses, even though such loss or damage might have been occasioned by the acts or omissions of such party, its agents, contractors or employees. Landlord or Tenant must look exclusively to the proceeds of insurance carried by it or for its benefit in the event of any damage or destruction to its property located on the Premises. Notwithstanding anything to the contrary contained herein, Landlord and Tenant hereby release and waive any and all rights of recovery, claim, action or cause of action, against the other, or its respective directors, shareholders, officers, agents, invitees and employees, for any loss or damage that may occur to the property or the equipment, fixtures and improvements comprising any part of the Premises, by reason of fire, the elements, or any other cause which could be insured against under the terms of an “all risk” fire insurance policy, in the state where the Premises is located, regardless of cause or origin, including negligence of the parties hereto, their agents, officers, invitees and employees. Subject to the provisions of the Lease, no insurer of a party hereunder must ever hold or be entitled to any claim, demand or cause of action against Tenant by virtue of a claim of loss paid under any such insurance policies, whether such insurer’s claim be in the nature of subrogation or otherwise. The waivers provided pursuant to this paragraph must not operate to the extent that they would void coverage under the provisions of any policy of insurance. 11. INDEMNIFICATION (a) Indemnification of Landlord. Except as otherwise provided in this Lease, and except to the extent caused by the willful misconduct of Landlord, or its agents, employees or contractors, or by the breach of this Lease by Landlord, Tenant must 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 an Act of God or an act of a third party, (ii) any negligence or willful misconduct of Tenant, or its agents, employees or contractors; or (iii) Landlord’s breach 271 of 629 12 occasioned wholly or in part by any act, omission of Tenant, its agents, employees, contractors or servants. The provisions of this Section must survive the expiration or earlier termination of this Lease only with respect to any damage, injury or death occurring before such expiration or earlier termination. (b) Indemnification of Tenant. Except as otherwise provided in this Lease, and except to the extent caused by the negligence or willful misconduct of Tenant, or its agents, employees or contractors, or by the breach of this Lease by Tenant, Landlord must protect, defend, indemnify and save Tenant 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 any act, omission or negligence of Landlord, its agents, employees, contractors or servants; The provisions of this Section must survive the expiration or earlier termination of this Lease only with respect to any damage, injury or death occurring before such expiration or earlier termination. 12. EXERCISE OF EMINENT DOMAIN (a) Taking. An appropriation or taking under the power of eminent domain of all, or a portion, of the Property, are sometimes hereinafter called a “taking.” (b) Total Taking of the Property. If all of the Property must be taken by the State or Federal government, or subdivision thereof, this Lease must terminate and expire as of the date of vesting of title in, or taking of actual physical possession of the Property by, the condemnor, and Landlord and Tenant must thereupon be released from any and all further liability hereunder except to the extent any such liability hereunder expressly states that it must survive the termination of this Lease. In such event, Tenant must be entitled to participate in any condemnation award so as to be compensated for the cost of relocation, removal and decrease in value, as a result of such taking of Tenant's fixtures, equipment and stock-in-trade located in the Premises, goodwill and any other items to which Tenant is entitled under applicable law, and, the value of the leasehold of which Tenant is being deprived for the remainder of the Term hereof so long as any such award made to Tenant must not reduce any award which may be obtained by Landlord. Nothing in this Section must be construed as a waiver by Landlord of any rights vested in it by law to recover damages from a condemnor for the taking of its right, title, or interest in the Property. (c) Partial Taking. In the event of the taking of: (i) any portion of the Property, so that the remainder thereof is not reasonably adapted to the continued leasing of the Premises by Tenant; or (ii) access, whether by a taking or otherwise, of the Property or a portion thereof to adjoining thoroughfares, so that all accessibility is substantially or materially restricted and as a result the continued leasing of the Property by Tenant will become impracticable or unprofitable in Tenant’s sole discretion; then Tenant must have the right to cancel and terminate this Lease as hereinafter provided. Within ninety (90) days after receipt by Tenant from Landlord of written notice that a condemnation action has been commenced, Tenant may, by written notice to Landlord, notify Landlord of its election to terminate this Lease, whereupon the parties must be released from any and all further obligations under this Lease except to the extent any such obligation hereunder is 272 of 629 13 expressly provided hereunder that the same must survive the termination of this Lease and Tenant must share any award or sale price as provided in Section 12(b) hereof. (d) Notice of Proceedings. Upon service on either party hereto of any legal process in connection with any condemnation proceedings, the party so served must give immediate notice thereof to the other party hereto. (e) Temporary Taking. In the event of a taking of the Property, or any portion thereof, for temporary use (specifically one not exceeding one hundred twenty (120) days in duration), without the taking of the fee simple title thereto, this Lease must remain in full force and effect, except for Tenant’s payment of Fixed Minimum Rent which must be proportionally abated for any period during which Tenant cannot operate its business from the Premises in the same manner as prior to such temporary taking. All awards, damages, compensation and proceeds payable by the condemnor by reason of such taking relating to the Premises, for periods prior to the expiration of the Lease must be payable to Tenant. All such awards, damages, compensation and proceeds for periods after the expiration of the Lease must be payable to Landlord. (f) Lease Prevails. In the event of any taking, the rights and obligations of the parties must be determined by this Lease and Landlord and Tenant waive any rights at law to the contrary. 13. UTILITIES Tenant must pay during the Term hereof directly to the appropriate utility company or governmental agency all electric, water, gas, telephone and other public utility charges in connection with its occupancy and use of the Premises, including all costs of operating and maintaining all equipment therein, all business licenses and similar permit fees but excluding any installation costs, tap fees and/or connection fees or charges, with no right of reimbursement from the Landlord. All utilities must be paid pursuant to separate meters measuring Tenant’s consumption of utilities from the Premises, which meter fee must be Landlord’s obligation at its sole cost and expense. Landlord must not be liable to Tenant for damages or otherwise (i) if any utilities must become unavailable from any public utility company, public authority or any other person or entity supplying or distributing such utility, or (ii) for any interruption in any utility service (including, but without limitation, any heating, ventilation or air conditioning) caused by the making of any necessary repairs or improvements or by any cause beyond Landlord's reasonable control, and the same must not constitute a default, termination or an eviction. Tenant assures Landlord that it must arrange for an adequate supply of electricity to the Premises and it must pay for any increased voltage and any additional wiring required addressing the increased capacity. 14. COVENANTS AGAINST LIENS Tenant covenants and agrees that it must not, during the Term hereof, suffer or permit any lien to be attached to or upon the Property or the Premises by reason of any act or omission on the part of Tenant or its agents, contractors or employees. In the event that any such lien does so attach, and (i) is not released within thirty (30) days after notice to Tenant thereof, or (ii) if Tenant has not bonded such lien within said thirty (30) day period, Landlord, in its sole discretion, may pay and discharge the same and relieve the Premises or the Property therefrom, and Tenant agrees to repay and reimburse Landlord upon demand for the amount so paid by Landlord and for other reasonable costs incurred by Landlord in discharging and relieving said lien. The Tenant will hold the Landlord 273 of 629 14 harmless from all claims, liens, claims of lien, demands, charges, encumbrances or litigation arising out of any work or activity of Tenant on the Premises. Tenant will, 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 Tenant contests any lien so filed in good faith and pursues an active defense of said lien, Tenant must not be in default of this paragraph. However, in the event of any final judgment against Tenant regarding such lien, Tenant agrees to pay such judgment and satisfy such lien within 60 days of the entry of any such judgment. 15. ASSIGNMENT AND SUBLETTING Tenant must not have the right to assign this Lease, or to sublet the Premises, transfer and grant concessions or licenses (“Transfer”) in all or any part of the Premises without the Landlord’s written consent and City Council approval by Ordinance, which consent must not be unreasonably withheld, conditioned or delayed. No Transfer must relieve Tenant from any of its obligations as Tenant hereunder. Every such assignment or sublease must recite that it is and must be subject and subordinate to the provisions of this Lease, and the termination or cancellation of this Lease must constitute a termination and cancellation of every such assignment or sublease. Notwithstanding the foregoing, Landlord agrees that no merger, consolidation, corporate reorganization, or sale or transfer of Tenant's assets or stock (specifically including any inter-family or inter-company transfers), redemption or issuance of additional stock of any class, or assignment or sublease to any person or entity which controls, is controlled by or is under common control with Tenant, must be deemed a Transfer hereunder. 16. NOTICES Any notices required to be given hereunder, or which either party hereto may desire to give to the other, must be in writing. Such notice may be given by reputable overnight delivery service (with proof of receipt available), personal delivery or mailing the same by United States mail, registered or certified, return receipt requested, postage prepaid, at the following addresses identified for Landlord and Tenant, or to such other address as the respective parties may from time to time designate by notice given in the manner provided in this Section. If to the Landlord: with a copy to: City of Evanston City of Evanston Attn: City Manager Attn: Corporation Counsel 2100 Ridge Avenue 2100 Ridge Avenue Evanston, IL 60201 Evanston, IL 60201 If to Tenant: Smylie Brothers Draft & Package LLC Attn: Michael Smylie 2222 Oakton Street Evanston, IL 60201 For purposes of this Lease, a notice must be deemed given upon the date of actual receipt thereof or the date of proof of rejection thereof if delivered by hand or overnight courier service. 274 of 629 15 17. RIGHT TO GO UPON PREMISES Landlord hereby reserves the right for itself or its duly authorized agents and representatives at all reasonable times during business hours of Tenant upon at least forty-eight (48) hours prior notice to Tenant and accompanied by a representative of Tenant (which may be the store manager or assistant manager) to enter upon the Premises for the purpose of inspecting the same and of showing the same to any prospective purchaser or encumbrance or tenant, and for the purpose of making any repairs which Landlord is required hereunder to make on the Property, but any such repairs must be made with all due dispatch during normal construction trade working hours, and in such manner as to minimize the inconvenience to Tenant in the conduct of its business, it being agreed that in the event of a necessity of emergency repairs to be made by Landlord, Landlord may enter upon the Premises forthwith to effect such repairs. Notwithstanding the foregoing, in the event that due to an entry by or on behalf of Landlord into th e Premises, Tenant’s use is materially interfered with and Tenant, from the standpoint of prudent business management, cannot open and operate the Premises for business for two (2) consecutive days, all Fixed Minimum Rent and other charges payable by Tenant hereunder must equitably abate commencing after such second (2nd) day, and continuing until such repairs are completed, unless such entry is required as a result of Tenant’s negligence or intentional misconduct. 18. DEFAULT (a) Tenant Default. (i) Events of Default. Including, but not limited to, the following events must be deemed to be an “event of default” hereunder by Tenant subject to Tenant’s right to cure: a. Tenant must fail to pay any item of Fixed Minimum Rent per Section 3 at the time and place when and where due and does not cure such failure within five (5) business days after receipt of notice from Landlord of such failure; b. Tenant must fail to comply with any other term, provision, covenant or warranty made under this Lease or if any of Tenant’s representations and warranties made under this Lease are determined to be untrue, either when made or at any time during the Term, by Tenant, and Tenant must not cure such failure within thirty (30) days after Landlord's written notice thereof to Tenant. In the event Tenant cannot comply with such term, provision, or warranty, within said thirty (30) day period, Tenant must not be in default if Tenant is diligently and continuously making an effort to comply with such term, provision, covenant or warranty and Tenant completes the cure of the default; or c. Tenant must make a general assignment the benefit of creditors, or must admit in writing its inability to pay its debts as they become due or must file a petition in bankruptcy. (ii) Remedies. Upon the occurrence of an event of default, Landlord may, so long as such default continues, as permitted by law and subject to Landlord’s obligation to use good faith efforts to mitigate damages, either: 275 of 629 16 a. terminate this Lease by written notice to Tenant, which written notice must specify a date for such termination at least fifteen (15) days after the date of such written termination notice and such termination must be effective as provided in such written notice unless Tenant must cure such default within such notice period, or not terminate this Lease as a result of the default of Tenant. If Tenant must fail to surrender the Premises upon such termination, Landlord may thereupon, reenter the Premises, or any part thereof, and expel or remove therefrom Tenant and any other persons occupying the same, using such means provided by law; b. without terminating this Lease, Landlord may evict Tenant (by any means provided by law) and let or relet the Premises or any or all parts thereof for the whole or any part of the remainder of the Term hereof, or for a period of time in excess of the remainder of the Term hereof, and out of any rent so collected or received, Landlord must first pay to itself the expense of the cost of retaking and repossessing the Premises and the expense of removing all persons and property therefrom, and must, second, pay to itself any costs or expenses sustained in securing any new tenant or tenants (provided that such amount must not include any amounts incurred to restore the Premises to more than the condition originally delivered to Tenant), and must third, pay to itself any balance remaining, and apply the whole thereof or so much thereof as may be required toward payment of the liability of Tenant to Landlord then or thereafter unpaid by Tenant; or c. pursue such other remedies as are available at law or in equity. (b) Landlord Default. Should Landlord default in the performance of any covenant, provision, warranty, condition or agreement herein, or if any of Landlord’s representations and warranties made under this Lease are determined to be untrue, either when made or at any time during the Term, and such default in the case of any failure by Landlord to pay any sum required to be paid to Tenant hereunder, continues for ten (10) business days after notice thereof from Tenant, or in case of any non-monetary default, continues for thirty (30) days after receipt by Landlord of written notice thereof from Tenant (except as otherwise provided herein), or if the default of Landlord is of a type which is not reasonably possible to cure within thirty (30) days, if Landlord has not commenced to cure said default within said thirty (30) day period and does not thereafter diligently prosecute the curing of said default to completion (except as otherwise provided herein), Tenant in addition to any and all other remedies which it may have at law and/or in equity including the right to seek injunctive relief without posting a bond or the obligation to prove irreparable harm, may pay or perform any obligations of Landlord hereunder and deduct the cost thereof from each installment of annual Fixed Minimum Rent payable pursuant to the terms of this Lease; provided, however, in no event must the amount of any such deduction exceed ten percent (10%) of the Fixed Minimum Rent payable on a monthly basis; provided, further, Tenant must not have the right to terminate this Lease except as expressly permitted herein. 19. SIGNS Tenant 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 Tenant. Tenant acknowledges 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 Tenant agrees to be bound by such ordinances. Landlord cannot make representations in a lease 276 of 629 17 agreement that Tenant must be entitled additional signage, a certain number of signs and/or dimensions of proposed signage, because the Tenant must make an application to the Sign Review Board, as provided by Code, but Landlord will not withhold, condition or delay its consent to a sign over the new entrance to the Premises which complies with applicable laws. 20. REPRESENTATIONS AND WARRANTIES (a) Landlord represents, warrants and covenants to Tenant that, to Landlord’s knowledge, the following is true as of the Effective Date: (i) all of the Premises is zoned and fit for commercial purposes, and the Permitted Use is permitted under the applicable zoning designation, and that the Premises and Property are presently properly subdivided in conformity with all applicable laws and suitable for the Permitted Use; (ii) Landlord is the fee simple owner of the Premises; (iii) the Premises is subject to no restrictions or continuing regulations of any kind or nature whatsoever incompatible with the Permitted Use and that there are no restrictions in any agreement by which Landlord is bound (including, but not limited to, Landlord’s insurance policies) which would adversely affect Tenant’s right to use the Premises for the Permitted Use during the Term; (iv) the Premises are in good working order and condition, the roof is watertight and all utility systems are functional; (v) there are no exceptions to title with respect to and/or encumbrances on the Premises which would interfere with Tenants proposed use of the Premises; (vi) Landlord has no notice of any proposed Assessments other than as reflected on the current tax bill; (vii) Landlord has no knowledge of any condition that would preclude Tenant from obtaining all Tenant’s permits and licenses necessary for Tenant to open for business and operate for the Permitted Use; (ix) if Landlord is a corporation, limited liability company, partnership or trust, Landlord covenants that it is duly constituted under the laws of the state of its organization, and that its officer, member, manager, partner or trustee who is acting as its signatory in this Lease is duly authorized and empowered to act for and on behalf of the entity or trust; and (x) there are no judicial, quasi-judicial, administrative or other orders, injunctions, moratoria or pending proceedings against Landlord or the Property which preclude or interfere with, or would preclude or interfere with, the construction contemplated herein or the occupancy and use of the Premises by Tenant for the purposes herein contemplated. (xi) no third party has the right to object to Tenant’s tenancy hereunder, prohibit the selling of any products sold by Tenant or the uses allowed herein or the right to consent to any feature 277 of 629 18 of the Premises or Tenant’s signage. (xii) there are no mortgages, prime leases, deeds to secure debt, deeds of trust, or other instruments in the nature thereof, affecting Landlord or its interest in the Premises. (xiii) The Property is leased to Tenant “AS IS” and “WHERE IS” without representation or warranty by Landlord. Tenant further acknowledges that (i) Tenant has had an adequate opportunity to make such legal, factual and other inquiries and investigation as Tenant deemed necessary, desirable or appropriate with respect to the Property, including, but not limited to, compliance of the Property with Environmental Laws (as hereafter defined) and whether the Hazardous Substances (as hereafter defined) are migrating towards or from the Property or are on, in, under or above the Property, and (ii) neither Landlord, nor anyone acting for or on its behalf, has made any representation, warranty, promise or statement, express or implied, to Tenant, or to anyone acting for or on behalf of Tenant, concerning the Property or the condition, use or development thereof. Tenant represents that, in entering into this Lease, Tenant has not relied on any representation, warranty, promise or statement, express or implied, of Lessee Landlord, or anyone acting for or on its behalf, other than as expressly set forth in this Lease, and that Tenant enters into this Lease based upon Tenant's own prior investigation and examination of the Property. Further, to the extent that Landlord has provided (or may hereafter provide) to Tenant information from any inspection, engineering or environmental reports concerning any Hazardous Substances or the condition of the Property, Landlord makes no representations or warranties with respect to the accuracy or completeness, methodology of preparation or otherwise concerning the contents of such reports. Tenant acknowledges that Landlord has requested that Tenant inspect the Premises fully and carefully and investigate all matters relevant thereto and that Tenant relies solely upon the results of Tenant's own inspections or other information obtained or otherwise available to Tenant, rather than any information that may have been provided (or may hereafter be provided) by Landlord to Tenant. Tenant’s election to enter into this Lease is be made at Tenant's sole and absolute discretion, in reliance solely upon the tests, analyses, inspections and investigations that Tenant makes, or had the right to make and opted not, or otherwise failed, to make, and not in reliance upon any alleged representation made by Landlord, or anyone acting for or on their behalf. (b) All representations and warranties, covenants and indemnities contained in this Lease must survive the expiration or earlier termination of this Lease. (c) Landlord may perform water testing on the Property during the Term with reasonable notice and provided it does not interfere with Tenant’s business operations. (d) Deliveries. Subject to governmental regulations, Tenant must have the right to accept deliveries and unload merchandise in its designated loading area adjacent to the front of the Premises, during 9:00 a.m. to 6:00 p.m. seven (7) days a week. As previously stated, all deliveries and trucks exiting the property must use Oakton and McCormick. 21. HOLDING OVER; END OF TERM (a) If Tenant must hold possession of the Premises after the expiration or termination of this Lease, at Landlord's option (i) Tenant must be deemed to be occupying the Premises as a tenant from month- 278 of 629 19 to-month at one hundred fifty percent (150%) of the Fixed Minimum Rent in effect upon the expiration or termination of the immediately preceding term or (ii) Landlord may exercise any other remedies it has under this Lease or at law or in equity including an action for wrongfully holding over. (b) Upon the expiration or sooner termination of this Lease, Tenant must surrender the Premises to Landlord in as good order, condition and repair as when received by Tenant; ordinary wear and tear, casualty and condemnation excepted. This provision must expressly survive the termination or expiration of this Lease. (c) Any property, equipment, or product remaining in the Premises upon expiration of this Lease must be considered abandoned and property of the Landlord. Any abandoned medical cannabis or infused products must be turned over to the proper law enforcement authorities for destruction. 22. EXPENSES OF ENFORCEMENT The Parties must bear its own costs, charges, expenses and attorney’s fees, and any other fees incurred in the event of a dispute between the Parties. 23. SUCCESSORS IN INTEREST All of the covenants, agreements, obligations, conditions and provisions of this Lease must inure to the benefit of and must bind the successors and permitted assigns of the respective parties hereto. 24. REMEDIES ARE CUMULATIVE Remedies conferred by this Lease upon the respective parties are not intended to be exclusive, but are cumulative and in addition to remedies otherwise afforded by the law. 25. QUIET POSSESSION Upon payment by the Tenant of the minimum, percentage and additional rent and all other sums due hereunder and upon the observance and performance of all covenants, terms and conditions on Tenant’s part to be observed and performed, Tenant must peaceably and quietly hold and enjoy the Premises for the Term of this Lease without hindrance or interruption by Landlord or any other person or persons lawfully or equitably claiming by, through or under the Landlord, subject nevertheless, to the terms and conditions of this Lease. 26. ALTERATION (a) Changes Required by Law. Any structural changes, alterations or additions in or to the Premises which may be necessary or required by reason of any law, rule, regulation or order promulgated by competent governmental authority must be made at the sole cost and expense of Landlord, including but not limited to asbestos removal and disposal and interior and exterior compliance with the Americans with Disabilities Act (ADA) etc. Notwithstanding the foregoing, if any such changes, alterations or additions are required as a result of improvements made by Tenant during the Term hereof or due to Tenant’s use of the Premises, such changes, alterations or additions must be made at the sole cost and expense of Tenant. Tenant may contest the validity of 279 of 629 20 any such law, rule, regulation or order, but must indemnify and save Landlord harmless against the consequences of continued violation thereof by Tenant pending such contest. (b) Alterations During Term. Tenant must be permitted to perform interior, nonstructural alterations to the Premises and to revise the interior layout of the Premises; provided that the alterations are in conformance the security plans approved by the State of Illinois, any regulations under the Medical Cannabis Act, and any additional regulatory authority provisions governing the Permitted Use. Tenant must obtain Landlord's written consent to any other alterations or construction which affects the structural nature of the Premises, which consent must not be unreasonably withheld, conditioned or delayed. 27. HAZARDOUS SUBSTANCES (a) Tenant agrees that, except as herein set forth, it must not generate, use, store, handle or dispose of on or transport over the Premises any Hazardous Substances (defined below) in violation of any Environmental Laws (defined below), except as such incidental amounts of Hazardous Substances as may be required for Tenant to conduct the Permitted Use, but in no instance shall Tenant dispose of Hazardous Substances on the Premises in violation of Environmental Laws. (b) If any time during the Term, Hazardous Substances are found in the Premises or on adjacent property and such Hazardous Substances are not the result of Tenant’s use of or work on the Premises, then, in such event, Tenant must have the immediate right to terminate this Lease upon written notice to Landlord. Under no circumstances must Tenant be responsible for remediation or cleanup of any Hazardous Substances on the Premises or adjacent property that were not caused by Tenant, or Tenant’s subcontractors, agents or employees. Furthermore, with regard to any Hazardous Substances caused by Tenant or its agents, contractors or employees, Tenant must remove same, in compliance with applicable Environmental Laws, at Tenant’s sole cost and expense. Tenant must defend, indemnify, and hold Landlord harmless from and against any and all costs, damages, expenses and/or liabilities (including reasonable attorneys’ fees) which Landlord may suffer as a result of any written demand (whether or not a suit), claim, suit or action regarding any such Hazardous Substances (whether alleged or real) present due to Tenant and/or regarding the removal and clean-up of same or resulting from the presence of such Hazardous Substances. The representation, warranty and indemnity of Tenant described in this subsection shall survive the termination or expiration of this Lease or purchase of the Property as provided herein. Other than Hazardous Substances caused by Tenant or its agents, contractors or employees, Tenant shall have no duty whatsoever to remove any Hazardous Substances from the Property. (c) In the event that during the Term of this Lease, Tenant is prevented from performing Tenant’s Work and/or Tenant must be unable to operate for a period of thirty (30) days or more for the Permitted Use at the Premises and ceases operating at the Premises as a result of remediation of Hazardous Substances not caused by Tenant or its agents, contractors or employees, and Tenant does not terminate the Lease as provided for in Section 27(b) above, then Fixed Minimum Rent, Additional Rent and all other charges due hereunder must equitably abate until such time as Tenant is able to resume the performance of Tenant’s Work and/or the operation of its business in the Premises. (d) Tenant, for itself and its successors in interest, waives and releases Landlord from any and all past and present claims and causes of action arising from or relating to the presence or alleged presence of Hazardous Substances in, on, under, about or emanating from the Property, including 280 of 629 21 without limitation any claims for cost recovery, contribution, natural resources damages, property damage, consequential damages, personal or bodily injury (including death) or otherwise, under or on account of any violation, or arising under, Environmental Law. (e) The term “Hazardous Substance” includes, without limitation, any material or substance (regardless of whether discarded, recyclable or recoverable) to which liability or standards of conduct are imposed pursuant to Environmental Laws, including, but not limited to (i) any defined, characteristic or listed “hazardous waste”, “extremely hazardous waste”, “restrictive hazardous waste”, “hazardous substance”, “hazardous material”, “regulated substance”, “pollutant”, “contaminant” or waste, (ii) petroleum (including crude oil or any fraction thereof, natural gas, liquefied natural gas, synthetic gas or mixtures of natural gas and synthetic gas), (iii) asbestos and any asbestos containing materials, (iv) substances known to cause cancer and/or reproductive toxicity, (v) polychlorinated biphenyls (PCBs) and (vi) radioactive material. The term “Environmental Law” means any federal, state or local law, statute, ordinance, rule, regulation, order, consent, decree, judgment or common-law doctrine, interpretation thereof, and provisions and conditions of permits, licenses, plans, approvals and other operating authorizations whether currently in force or hereafter enacted relating to health, industrial hygiene or the environmental conditions on, under or about the Premises or the Property, as such laws are amended and the regulations and administrative codes applicable thereto, including, by way of example and without limitation, the following: the Illinois Environmental Protection Act; Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”); the Resource Conservation and Recovery Act (“RCRA”); the Clean Air Act; the Clean Water Act; the Safe Water Drinking Act (“SDWA”); the Toxic Substances Control Act; and all state and local counterparts thereto; and any common or civil law obligations including, without limitation, nuisance or trespass. It is the intent of the parties hereto to construe the terms “Hazardous Substance” and “Environmental Law” in their broadest sense. 28. GENERAL CONDITIONS (a) Time is of the essence of this Lease. Any deadlines in this Lease which cannot be met because of delays caused by governmental regulations, inability to procure labor or materials, strikes, acts of God, or other causes (other than financial), beyond the control of Landlord or Tenant (“Force Majeure”) must be extended by the amount of time caused by such delays; provided, however, the payment of rent must not be excused. Notwithstanding anything herein to the contrary, the failure by Landlord to construct the Premises according to building code and/or to receive timely inspections by the necessary authorities due solely to the negligence, misconduct or financial inability of Landlord or Landlord's contractors, employees or representatives must not constitute Force Majeure. In order for Landlord to claim the occurrence of Force Majeure, Landlord must have notified Tenant in writing of such occurrence within twenty (20) business days after the initial occurrence. (b) No waiver of any breach of the covenants, agreements, obligations and conditions of this Lease to be kept or performed by either party hereto must be construed to be a waiver of any succeeding breach of the same or any other covenant, agreement, obligation, condition or provision hereof. (c) Tenant must not be responsible for the payment of any commissions in relation to the leasing transaction represented by this Lease. Landlord and Tenant each covenant that they have not dealt with any real estate broker or finder with respect to this Lease (herein collectively “Brokers”). Each 281 of 629 22 party must hold the other party harmless from all damages, claims, liabilities or expenses, including reasonable and actual attorneys' fees (through all levels of proceedings), resulting from any claims that may be asserted against the other party by any real estate broker or finder with whom the indemnifying party either has or is purported to have dealt, except for the Brokers. (d) The use herein of any gender or number must not be deemed to make inapplicable the provision should the gender or number be inappropriate to the party referenced. All section headings, titles or captions contained in this Lease are for convenience only and must not be deemed part of this Lease and must not in any way limit or amplify the terms and provisions of this Lease. (e) Landlord and Tenant have negotiated this Lease, have had the opportunity to be advised respecting the provisions contained herein and have had the right to approve each and every provision hereof; therefore, this Lease must not be construed against either Landlord or Tenant as a result of the preparation of this Lease by or on behalf of either party. (f) If any clause, sentence or other portion of this Lease must become invalid or unenforceable, the remaining portions thereof must remain in full force and effect. (g) Wherever in this Lease Landlord or Tenant is required to give consent, such consent must not be unreasonably withheld, conditioned or delayed except to the extent otherwise expressly provided herein. (h) If the time for performance of any obligation or taking any action under this Lease expires on a Saturday, Sunday or legal holiday, the time for such performance or taking such action must be extended to the next succeeding day which is not a Saturday, Sunday or legal holiday. If the day on which rent or any other payment due hereunder is payable falls on a Saturday, Sunday or on a legal holiday, it must be payable on the next succeeding day which is not a Saturday, Sunday or legal holiday. (i) Landlord hereby agrees that it must maintain all confidentiality with regard to entering into this Lease, the opening for business by Tenant in the Premises and any financial information contained hereunder or obtained from Tenant during the Term of this Lease, other than disclosures to necessary third parties and Landlord must not release any material whatsoever to the press or any news media without the prior written approval of Tenant, which approval may be withheld in Tenant’s sole discretion. (j) Each covenant hereunder of Landlord, whether affirmative or negative in nature, is intended to and must bind the Landlord and each successive owner of the Premises and their respective heirs, successors and assigns. (k) There must be no personal liability on Landlord, its elected officials, officers, employees, agents, or any successor in interest with respect to any provisions of this Lease, or amendments, modifications or renewals hereof. Tenant must look solely to the then owner's interest in the Premises (including but not limited to any insurance proceeds, rents, or judgments) for the satisfaction of any remedies of Tenant in the event of a breach by Landlord of any of its obligations hereunder. (l) Landlord hereunder must have the right to assign, sell or transfer Landlord’s interest in this Lease or the Premises with consent of Tenant, which must not be unreasonably withheld. In the 282 of 629 23 event of any such transfer, the transferor must be automatically relieved of any and all obligations on the part of Landlord accruing from and after the date of such transfer. (m) Tenant acknowledges that it will seek to hire qualified Evanston residents for employment in the Tenant’s business located at the Premises. (n) The parties agree the this Lease must be governed by and interpreted in accordance with the laws of the State of Illinois and that venue for any disputes must be in the Circuit Court of Cook County, Illinois. (o) This Lease must become effective on the day that this Lease must be executed by the last of the parties hereto to execute this Lease (herein “Effective Date”). (p) There are no oral agreements between the parties hereto affecting this Lease, and this Lease supersedes and cancels any and all previous negotiations, arrangements, letters of intent, lease proposals, brochures, agreements, representations, promises, warranties and understandings between the parties hereto or displayed by Landlord to Tenant with respect to the subject matter thereof, and none thereof must be used to interpret or construe this Lease. This Lease cannot be changed or terminated except by a written instrument subsequently executed by the parties hereto. [REMAINDER OF THE PAGE LEFT INTENTIONALLY BLANK] 283 of 629 284 of 629 25 EXHIBIT A LEGAL DESCRIPTION LOT 2 IN EVANSTON’S RESUBDIVISION OF LOTS 2 AND 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 285 of 629 26 EXHIBIT B PLAT OF RESUBDIVISION 286 of 629 PROJECT NO.CALC. DRAWING NO. DWN. CHKD. SCALE: DATE: SHEET OF Rosemont, Illinois 60018 (847) 823-0500 9575 West Higgins Road, Suite 600 ENGINEERING, LTD. IN PREPARED FOR 1 1 1"=30' 160075.00002PRELIMINARY LOT 2 LOT 3 OAKTON STREET NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 25-41-13 SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 24-41-13 N00°37'00"E 150.00484.79 CORNER IPF AT CORNER IPF AT 0.20 W 4.70 N X-CUT FND CORNER IPF AT 0.69 W 4.87 N X-CUT FND ON LINE IRF AT CORNER NAIL FND 13.92 E 0.65 N NAIL FND 7.07 W 0.28 S X-CUT FND (260.00) (240.00)S00°37'00"W (150.00)(260.00) (240.00)S00°37'00"W (150.00)N00°37'00"E (150.00)CITY OF EVANSTON, ILLINOIS CITY OF EVANSTON KJR AJK JRM SUB160075_02A S:\EVANSTON\160075.00002\SURVEY\SUB160075_02A.SURSCALE IN FEET 030 30 (40.10) JAMES PARK (UNSUBDIVIDED) LOT 1 0.949 AC.| 41,321 SQ.FT.| PIN NO. 10-25-100-023 10-25-100-022 LOT 2 0.771 AC.| 33,580 SQ.FT.| N87°41'04"E 272.00 N87°41'04"E 228.00 MEASURED LEGEND (00.00) 00.00 RECORD X-CUT FOUND IRON PIPE FOUND (IPF) IRON ROD FOUND (IRF) PROPOSED PROPERTY LINE R.O.W. LINE SECTION LINE PROPERTY LINE EVANSTON, IL 60201 2100 RIDGE AVENUE THE CITY OF EVANSTON SUBMITTED BY & RETURN TO: EVANSTON'S RESUBDIVISION OF LOTS 2 & 3 IN WILLIAM B. JOHNSON'S SUBDIVISION EVANSTON'S RESUBDIVISION OF LOTS 2 & 3 IN WILLIAM B. JOHNSON'S SUBDIVISION (46.00)(80.00)(47.00)(33.00)(93.00)N87°41'04"E (500.00) S87°41'04"W (500.00) S87°41'04"W 220.33 S87°41'04"W 279.67 S02°18'56"E 149.80(15.21) (40.05)RECORDED 2-28-2007PER DOC. NO. 0705915103OAKTON SHOPPES OF EVANSTON RESUBDIVISIONLOT 12.0 N & ON LINE REBAR & CAP SET PER DOC. NO. 22280240 , REC. 4-9-1973 WILLIAM B. JOHNSON'S SUBDIVISION 2.0 S & ON LINE REBAR & CAP SET AT CORNER REBAR & CAP SETRECORDED 6-22-1990PER DOC. NO. 90297275PACE SUBDIVISIONT..R . R D P.M..N E34113 2324 2625 N87°41'04"E (575.56) RECORDED 8-7-1926DEDICATED PER DOC. NO. 9467664 RECORDED 8-7-1926DEDICATED PER DOC. NO. 9467662 RECORDED 12-24-1997 PER DOC. NO. 97969559NORTH RIGHT-OF-WAY LINE (BRICK WALL AT CORNER) (EXISTING BUILDING AT CORNER)S00°37'00"W 47.06REBAR & CAP SET 10-14-2016 AT CORNER REBAR & CAP SET 287 of 629 27 EXHIBIT C INTERIOR SITE PLAN 288 of 629 180 sq ftBoilerGMEM6'-11"21'-10"8'-4"6'-4"8'-1"6'-11"6'-4"6'-4"5'-0"18'-0"10'-0"8'-0"6'-1"6'-9"9'-0"5'-0"6'-4"6'-3"9'-0"6'-8"22'-0"10'-0"80 sq ft1,100 sq ftramp downCorridorVest.LoadingOfficeMen's Women'sElect.RoomLoading DockelecpanelSpent GrainLabDryStorageStorageGRAIN SILOFermentation CellarTapRoomBar & Kitchen(goal is 50 personoccupancy)elecmeterEyeWashKegWasheraluminumcan compactorcardboardbalerBoilerRoomlabsinkMillMill Room+24'-2"trench drainLT30 BBL0,000#MM30 BBL0,000#BK30 BBL0,000#WP30 BBL0,000#Brew HouseCLT75 BBL0,000#HLT75 BBL0,000#Foeder30 BBLFoeder30 BBLFV60 BBL18' 11"FV60 BBL18' 11"FV60 BBL18' 11"FV60 BBL18' 11"BBT60 BBL13' 11"FV120 BBL0,000#BBT120 BBL0,000#FV120 BBL0,000#FV120 BBL0,000#FV120 BBL0,000#trench drainW.I.C.SprinklerRoomCanning LineHeight?AirBlasterVFDCONTROL BOX200-240VSINGLE OR 3 PH1200 MT MILD STEE L IDLE E ND10170481200 MT MILD S TEEL IN TERMED IATE 64" LO NG1014479289 of 629 28 EXHIBIT D SITE PLAN 290 of 629 11/14/2016SMYLIE BROTHERS BREWING PRODUCTION FACILITY71'-6"8'-0" 20'-0" 18'-11" 20'-0" 8'-0"74'-1019/32"26'-0" min.SMYLIE BROTHERSPRODUCTION BREWERYAND TAP ROOM(in existing Recycling Center)149.80'220.33'228.00'150.00'84'-8"135'-8"8'-0" 32'-0"44'-8"8'-0"12'-0"64'-8"69'-91/2"26'-0" min.New Grain SiloNEW OUTDOORPATIO &BEER GARDEN220.33'150.00'228.00'149.80'New Outdoor Bar &Service StructuresRevised Parking byCity of EvanstonSCALE: 1" = 40'Proposed Site PlanNProposed Property Line291 of 629 292 of 629 293 of 629 For City Council meeting of May 14, 2018 Item A8 Resolution 19-R-18 Extension of Comcast License Agreement For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Subject: Resolution 19-R-18, Authorizing Extension of a License to Comcast, Allowing Maintenance of a Building and Fence in the Public Right-of-Way of Mulford Street and Park Land in James Park Date: April 17, 2018 Recommended Action: Staff recommends City Council adoption of Resolution 19-R-18, authorizing the City Manager to execute a four (4) year extension, until May 31, 2022, of the license to Comcast for facilities in James Park. Funding Source: The four (4) year license extension agreement provides the following revenue to the City: Year One: $1,849/month June 1, 2018 to May 31, 2019 Year Two: $1,941/month June 1, 2019 to May 31, 2020 Year Three: $2,038/month June 1, 2020 to May 31, 2021 Year Four: $2,140/month June 1, 2021 to May 31, 2022 Total Revenue: $95,616 Livability Benefits: Education, Arts & Community: Promote a cohesive and connected community Summary: The City entered into a license agreement with MediaOne (Comcast is the successor entity) in 1999 for use of property adjacent to 2101 Mulford Street for equipment required for the distribution of communication services to customers. This agreement had been renewed several times previously. The City Council approved the most recent extension on May 26, 2015, extending the lease until May 31, 2018. Memorandum 294 of 629 The new agreement provides for a 5% rent increase annually. This is similar to the rent increase required by the current agreement for the last two years of the agreement term. Attachments: Resolution 19-R-18 295 of 629 4/4/2018 19-R-18 A RESOLUTION Authorizing Extension of a License to Comcast, Allowing Maintenance of a Building and Fence in the Public Right-of-Way of Mulford Street and Park Land in James Park WHEREAS, Comcast Cable Communications, LLC (“Licensee”) is the franchised cable operator for the City of Evanston, and is legally licensed to operate and locate facilities within the City for the purpose of distributing communication signals to customers; and WHEREAS, Licensee is required to maintain and upgrade the existing cable network; and WHEREAS, maintaining the existing facility located in James Park is necessary for Licensee to satisfy its responsibilities per the franchise agreement; and WHEREAS, pursuant to Resolution 3-R-99, attached hereto as Exhibit A and incorporated herein by reference, the City Council of the City of Evanston approved the license agreement to permit construction and maintenance of the facility, and the license agreement was renewed pursuant to Resolutions 19-R-09, 20-R-12, 61-R-12, and 55-R-15, all to permit future maintenance of the aforesaid facility; and WHEREAS, the City Council of the City of Evanston finds and determines that the best interests of the City and its residents would be served by renewing the license and amending the agreement to clarify certain terms, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: 296 of 629 19-R-18 ~2~ SECTION 1: The foregoing recitals are hereby found as fact and made a part hereof. SECTION 2: The City Manager is hereby authorized to sign a License Renewal and Amendment of the License Agreement, attached hereto as Exhibit B and incorporated herein by reference, by and between the City, as Licensor, and Licensee, providing for maintenance of a building and fence on the public right-of-way of Mulford Street and park land in James Park, in Evanston, Illinois. SECTION 3: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Extension as he may determine to be in the best interests of the City. SECTION 4: That this Resolution 19-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 as to form: _______________________________ Michelle L. Masoncup, Interim City Attorney 297 of 629 19-R-18 ~3~ EXHIBIT A Revocable License Agreement 298 of 629 299 of 629 300 of 629 301 of 629 302 of 629 303 of 629 304 of 629 305 of 629 19-R-18 ~4~ EXHIBIT B License Renewal and Extension 306 of 629 307 of 629 308 of 629 For City Council meeting of May 14, 2018 Item A9 Ordinance 62-O-18, Amending Hours of Alcohol Service For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Mario Treto, Jr., Assistant City Attorney Theresa Whittington, Liquor Licensing Manager/Legal Analyst Subject: Ordinance 62-O-18, Amending Hours of Alcohol Service Date: May 15, 2018 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 62-O-18, amending Evanston City Code Subsection 3-4-9 to allow for extended hours of alcohol service. Livability Benefits: Economy & Jobs: Retain and expand local businesses. Summary: The City of Evanston (“City”) liquor code does not have a provision that allows hours of lawful service of alcohol to be extended by written order of the Local Liquor Commissioner. On April 5, 2018, Patrick Breslin, owner of The Celtic Knot, contacted the City to request special permission to adjust the hours of alcohol service to accommodate the business airing live coverage of the 2018 World Cup. The competition runs from June 14, 2018 through July 15, 2018 in Russia. Due to the time zone difference, some of the games will be played as early as at 9:00 AM. These hours are outside of the hours of lawful alcohol service currently allowed by the City. Other comparable Illinois municipalities provide for the extension of hours of alcohol service. Downers Grove allows hours to be extended by written order of the Local Liquor Commissioner for periods not to exceed three (3) hours per day at a cost of sixty- eight dollars ($68.00) per day. Downers Grove also does not allow extensions for more than four (4) dates in any one calendar year. The City of Macomb offers an extended hours supplement to annual liquor license holders. The annual fee for the supplement is five hundred dollars ($500.00) and allows licensees to extend service of alcohol by one to two hours, depending on the day of the week. City of Evanston Ordinance 62-O-18 permits the Local Liquor Commissioner discretion to extend hours of lawful service per written order. Ordinance provisions to note are as follows: Memorandum 309 of 629 1. Hours requested for the lawful sale of alcohol may not exceed four (4) hours prior to the opening hours currently allowed under licensee’s annual liquor license class. 2. Requests for extension of hours must be made by written application and submitted at least two (2) weeks prior to the requested extension date. 3. No licensee will be granted such extension for more than thirty (30) days in any one (1) calendar year. 4. There is a fee of five hundred dollars ($500.00) imposed for each extension request. Legislative History: None ------------------------------------------------------------------------------------- Attachments: Ordinance 62-O-18 310 of 629 4/23/2018 62-O-18 AN ORDINANCE Amending City Code Section 3-4-9, Amending Hours of Alcohol Service NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 3-4-9 of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 3-4-9. - CLOSING HOURSHOURS OF ALCOHOL SERVICE. (A) No person licensed hereunder as a seller of alcoholic liquor, unless otherwise stated in Section 3-4-6 or Subsection 3-4-9(B) shall sell or permit to be sold or given away any alcoholic liquor between the hours of 1:00 a.m. and 11:00 a.m., except that sales may be made up to 2:00 a.m., on Saturday and Sunday mornings and on the morning of January 1, Memorial Day, Labor Day and Thanksgiving; however, no such sales shall be made between 2:00 a.m. and 12:00 noon on Sunday. (B) Hours during which sale is lawful may be extended by written order of the Local Liquor Control Commissioner for periods not to exceed four (4) hours prior to opening upon written application by the licensee stating the reasons for the requested extension and the date(s) for which the extension is sought. The request must be provided to the City in writing at least two (2) weeks prior to the date the extension is requested or the request will be automatically denied. No licensee will be granted such extension for more than thirty (30) dates in any one (1) calendar year, provided an extension fee is submitted for each requested extension in the amount of five hundred dollars ($500.00). 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 311 of 629 62-O-18 ~2~ 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: ___________________, 201 8 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Interim Corporation Counsel 312 of 629 For City Council meeting of May 14, 2018 Item A10 Ordinance 25-O-18: Amending the City Code regarding the Public Works Agency For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: David Stoneback, Public Works Agency Director Subject: Ordinance 25-O-18, Amending the City Code for the Public Works Agency Date: April 9, 2018 Recommended Action: Staff recommends City Council adopt Ordinance 25-O-18 amending Title 7, Chapter 1 of the Evanston City Code, “Public Works Agency”. The Ordinance also codifies the Block Party permit processes. Ordinance 25-O-18 was introduced at the April 23, 2018 City Council meeting. Funding Source: N/A Livability Benefits: Built Environment: Enhance public spaces Summary: The Ordinance modifies the City Code related to the Public Works Agency and the work performed by the employees working in three bureaus within the Agency. The Code also regulates and controls the use of streets pursuant to the block party permit. Attachments: Ordinance 25-O-18 Memorandum 313 of 629 1/31/2018 25-O-18 AN ORDINANCE Amending Title 7, Chapter 1 of the Evanston City Code, “Public Works Agency” NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT: SECTION 1: Title 7, Chapter 1, “Public Works Agency,” of the Evanston City Code of 2012, as amended, is hereby further amended as follows: CHAPTER 1 – DEPARTMENT OF PUBLIC WORKS AGENCY 7-1-1. – PUBLIC WORKS AGENCYDEPARTMENT ESTABLISHED; COMPOSITION. (A) There is hereby established Aan executive department of the Municipal government of the City is thewhich shall be known as the Department of Public Works Agency. This AgencySuch Department shall includes the Director of Public Works Director and, the City Engineer and such other divisions as may be assigned. 7-1-2. - DIRECTOR OF PUBLIC WORKS. 7-1-2-1. - GENERAL DUTIES AND AUTHORITY. (B)(A) Head of Department of Public Works Agency. The Director of Public Works Director is shall be the head of the Department of Public Works Agency and hasshall have charge of all branches of the Municipal service which are placed under the supervision, direction or control of such AgencyDepartment, including the streets, alleys, parkways, sidewalks, street lighting, traffic signals,City equipment, motor vehicle equipment, signal service equipment, bridges and viaducts, parkway trees and shrubs, parks and athletic fields, City Water Works system, City sewer system, solid waste collection and disposal, and the City Engineer within the City. (C)(B) Public Improvements. The Director of Public Works Director, subject to the ordinances, grants and powers of the City, hasshall have charge of all public improvements commenced, or to be commenced by the City; he/she hasshall have authority to regulate and control the manner of using the streets, alleys, highways and public places of the City for the erection and location of utility poles or posts, as authorized by the ordinances or grants of the City, and to determine 314 of 629 25-O-18 2 the location thereof; and to cause the prompt repair of the streets, alleys, highways and public places whenever the same are taken up or altered. (D)(C) Maps and Plats. The Director of Public Works Director shall examines all maps and plats for subdivision of land in accord with Title 4, Chapter 11 of this Code, as amended. The Director of Public Works Director isshall be responsible for all maps, plats and records and all matters pertaining to their storagethe keeping of the same, and he/she willshall make or direct the making up of all maps and drawings which may be required by the provisions of this City Code, City or other ordinances, of the City or may be ordered by the City Manager or the City Council. (E)(D) Authority in Connection With Street Lighting. The Director of Public Works Director isshall be responsible for the erection, operation and repair of all lamps and lights for lighting the streets, alleys, highways, viaducts, parks, public places and public buildings in the City, to such extent as he/she is so required to do by the provisions of this Code, ordinances, grants or contracts of the City. He/She isshall also be responsible for the erection of all poles and wires and the laying of all pipes and conduits erected or laid by any person for such lighting purposes. The Director of Public Works Director willshall, in all respects, see to it that the provisions of all ordinances granting the right to construct and maintain an electric light, heat and power plant in the City and amendments and additions thereto, and of any and all contracts relating to the public lighting of the City are fully and fairly enforced. (F)(E) Removal of Obstructions in Public Places. Removal of Obstructions in Public Places. The Director of Public Works Director may cause the removal of any article or thing whatsoever which may unlawfully encumber or obstruct any public street, avenue, alley, parkway or place in the City. The person responsible for or causing such obstruction isshall be responsible for all expenses incurred in the removal of said obstruction(s). 7-1-2 2-2. - PERMITS. In all cases wherein a permit is required to authorize any work to be done in the City pursuant to this Title of this Code, the City Manager, the Director of Public Works Director, or his/her designee isshall be responsible for issuing such permit. Any such permit mustshall comply with all relevant provisions of this Code governing the act or work. 7-1-3 4. – BLOCK PARTY PERMITS. (A) Purpose. The street in the possession of the City are primarily for the use of the public in the ordinary way. However, under proper circumstances, the City Manager or his/her designee may grant a permit for street use, subject to 315 of 629 25-O-18 3 reasonable municipal regulation and control. This Section is enacted to regulate and control the use of streets pursuant to a block party permit, to the end that the health, safety, and general welfare of the public and the good order of the City can be protected. (B) Definitions. As used in this Section, the following terms shall have the meanings indicated: BLOCK PARTY. A Gathering in a residential district only of abutting neighbors and their relatives and friends within the City street right-of-way or other public thoroughfare which has been temporarily closed for the occasion. Block party permits will only be issued during the periods of May 1 through September 30. (C) Prohibition. No person will encroach upon, occupy, obstruct or encumber any public street or highway, or part thereof, for the purpose of participating in a block party unless authorized to do so in accordance with this Section. (D) Application for Permit. A written application for a block party permit by persons or groups desiring the same must be made on a form by the City Manager or his/her designee and will be filed with the City Manager or his/her designee at least ten (10) business days prior to the event. The application must include the following information: 1. The name, physical address, e-mail address, and telephone number of the applicant or applicants. The applicant must be a City resident. 2. If the proposed street use is to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorizing responsible heads of such organization. 3. The date and duration of time for which the requested use of the street is proposed to occur. A block party permit will only be issued for one day and must not start earlier than 10:00 a.m. and end no later than 9:00 p.m. 4. An accurate description of that portion of the street proposed to be used. 5. Statement verifying that all persons within the affected block have been notified by the applicant of the block party and that no more than three (3) objections to the closing of the street or the proposed activities have been presented to the applicant. 6. The proposed use, described in detail, for which the block party permit is requested. 316 of 629 25-O-18 4 (E) Review by Public Works Director. Before any application for a block party permit is considered by the City Manager or his/her designee, the application must be reviewed by the Public Works Director for his/her recommendation as to the effect that the temporary closing of the street will have on the public safety and traffic movement in the area during the time the street may be closed. (F) Mandatory Denial of Street Use Permit. An application for a block party permit shall be denied if: 1. The proposed street use is primarily for private or commercial gain. 2. The proposed street use would violate any federal or state law or any ordinance of the City. 3. The proposed street use will substantially hinder the movement of police, fire, or emergency vehicles, constituting a risk to persons or property. Permits will only be granted to close non-through streets such as cul-de- sacs and dead-end streets. A permit will not be granted to close a main thoroughfare in the City. 4. The application for a block party permit does not contain the information required in this Section. 5. The application requests a period for the use of the street that would last later than 9:00 P.M. 6. The proposed use could equally be held in a public park or other location. 7. The application may be denied for any other reason or reasons that it is determined that the health, safety, and general welfare of the public cannot be adequately protected and maintained if the permit is granted. (G) Responsibilities of the Applicant. 1. Acceptance of a permit makes the applicant primarily liable for damages to persons or property cause by reason of the closing. The applicant further agrees to pay an amount sufficient to reimburse the City for any damages done to the street surface, right-of-way or any other cleanup required after the event. The street surface must not be altered in any manner. The City is not liable for any damage caused by the street closing. 2. The applicant is responsible for procurement, placement, and maintenance of barricades used to barricade streets under this Chapter. No block party may commence or continue unless barricades are properly placed and maintained. The applicant acknowledges that under no circumstances will the street or right-of-way be blocked that would prohibit access for emergency vehicles. If a permit is granted, the Public Works Agency will deliver a sufficient number of marked barricades to the address of the applicant. The barricades must be returned to the point of delivery for pickup by the City on the next business day. 3. Music or noise must be kept at a reasonable level so as not to disturb others. Amplified noise or music is prohibited at such block parties. 317 of 629 25-O-18 5 4. The applicant is responsible for clearing litter and debris from the street after the conclusion of the event. 5. Any damages associated with a block party permit will be invoiced to the applicant. (H) Termination of Block Party Permit. A block party permit for an event in progress may be terminated by the Police Department if the health, safety, and welfare of the public appears to be endangered by activities generated as a result of the event or the event is in violation of any of the conditions of the permits or City Code of the City of Evanston. (I) Violations and Penalties. Any person who violates any provision of this Chapter is subject to a fine of five hundred dollars ($500.00). 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 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: Ordinance 25-O-18 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 318 of 629 25-O-18 6 Introduced: _________________, 2018 Adopted: ___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle Masoncup, Interim Corporation Counsel 319 of 629 For City Council meeting of May 14, 2018 Item A11 Ordinance 51-O-18: Increasing Class F Liquor License Target Store 0927 For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Mario Treto, Jr., Assistant City Attorney Theresa Whittington, Liquor Licensing Manager/Legal Analyst Subject: Ordinance 51-O-18, Increasing the Number of Class F Liquor Licenses for Target Corporation d/b/a Target Store T0927, 2209 Howard St. Date: April 23, 2018 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 51-O-18, amending Evanston City Code Subsection 3-4-6-(F) to increase the number of authorized Class F liquor licenses from ten (10) to eleven (11), and permit issuance of a Class F license to Target Corporation d/b/a Target Store T0927 located at 2209 Howard Street. Ordinance 51-O-18 was introduced at the April 23, 2018 City Council meeting. Livability Benefits: Economy & Jobs: Retain and expand local businesses Summary: Ordinance 51-O-18 will permit Target Corporation d/b/a Target Store T0927 (“Company”) to retail sale of alcoholic liquor in grocery stores in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. Application materials were submitted by Company representative Carole Helmin. Legislative History: At the April 4, 2018 Liquor Control Review Board meeting, Company requested consideration of application for a Class F liquor license. Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 51-O-18 Application Minutes of the April 4, 2018 Liquor Control Review Board meeting Memorandum 320 of 629 04/10/18 51-O-18 AN ORDINANCE Amending City Code Section 3-4-6-(F) to Increase the Number of Class F Liquor Licenses from Ten to Eleven (Target Corporation Dba Target Store T0927, 2209 Howard St.) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class F of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: F Grocery None Liquor $35,000 $11,500 10 11 Store over 12,000 sq. ft. (product display) 8 a.m.— Midnight SECTION 2: Subsection 3-4-6-(F) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class F liquor licenses from ten (10) to eleven (11) to read as follows: (F) CLASS F licenses, which shall authorize the retail sale of alcoholic liquor in grocery stores, combination stores as defined in Section 3-4-1 of this Chapter, and wholesale clubs requiring membership in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. Class F licenses shall also authorize the tasting of alcoholic liquor not exceeding the limits set forth herein. 1. It shall be unlawful for a Class F 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. Nothing in this Subsection shall be construed as prohibiting the sale of packages containing six 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 F licensee to sell a single container of wine unless the container is greater than sixteen (16) fluid ounces or 0.473 321 of 629 51-O-18 ~2~ liters. 3. It shall be unlawful for a Class F licensee to sell a single container of alcoholic liquor, except beer and wine which are regulated by Subsections (F)1 and (F)2 of this Section, unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 4. The sale of alcoholic liquor at retail pursuant to the Class F 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. No such license may be granted to an establishment that is located within five hundred (500) feet of a licensee holding a Class F liquor license. 6. A Class F licensee shall provide a minimum of twelve thousand (12,000) square feet of production, preparation, and display area in which products are prepared and are for sale. 7. Class F licenses shall permit the tasting of samples of the alcoholic liquo r permitted to be sold under this classification, on the licensed premises during authorized hours of business. No charge, cost, fee, or other consideration of any kind shall be levied for any such tasting. Licensees shall not provide more than three (3) free tastings, each of which shall not exceed one (1) fluid ounce for wine, two (2) fluid ounces for beer and one- quarter (.25) fluid ounce for distilled alcohol, to any person in a day. Licensees must have at least one (1) BASSET-certified site manager on- premises whenever offering alcoholic liquor for tastings. Licensees must provide food service when offering alcoholic liquor for tastings. The applicant for a Class F license shall pay a first year license fee of thirty-five thousand dollars ($35,000.00). Thereafter, the annual fee for a Class F license shall be eleven thousand five hundred dollars ($11,500.00). No more than ten (10) eleven (11) 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. 322 of 629 51-O-18 ~3~ 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: ___________________, 201 8 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Interim Corporation Counsel 323 of 629 REDACTED324 of 629 325 of 629 326 of 629 327 of 629 328 of 629 329 of 629 REDACTED330 of 629 331 of 629 332 of 629 333 of 629 334 of 629 335 of 629 336 of 629 337 of 629 338 of 629 339 of 629 340 of 629 341 of 629 342 of 629 343 of 629 344 of 629 345 of 629 346 of 629 347 of 629 FINAL Page 1 of 3 C MEETING MINUTES Liquor Control Review Board Wednesday, April 4, 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, Theresa Whittington Others Present: James Pomerantz (Falcon Eddy’s); Rob Spengler (Board & Brush); Yovanda Diakoumis (Target); Jessica Watson (Target); Michael Binstein (Binny’s); Julia Burnham (Binny’s); Richard Parenti 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 Falcon Eddy’s, LLC dba Falcon Eddy’s Barbeque, 825 church Street Jim Pomerantz (JP), owner, requested approval for issuance of a class D (restaurant/liquor) liquor license. JP is the current co-owner of Bat 17. Bat 17 has been open for 12 years. The new restaurants cuisine is described as Texas barbeque. He would like to serve beer and wine to his customers. Mayor Hagerty stressed his zero tolerance for underage drinking. Mayor Hagerty reminded JP that a type 2 restaurant will not allow a restaurant to serve alcohol on a sidewalk café’. The Local Liquor Control Commissioner asked the members if there were any further questions or concerns over the request. None were voiced. The Board recommended issuance of a liquor license to be introduced at the City Council meeting on April 23, 2018. Target Corporation, dba Target Store T0927, 2209 Howard Street Yovanda Diakoumis (YD), store director, requested approval for issuance of a class F (Grocery Store/Liquor) liquor license. YD explained that Target on Howard has been in the community for quite some time. The lack of alcohol sales is the one thing that keeps Target from being a “one stop all inclusive” shop for its customers. She said that Target has lots of training programs in place regarding alcohol sales. Cashiers must be 21 years old to ring up sales and POS ID systems cannot be bypassed. She hopes that next year the store will get remodeled as a “next generation store” and that alcohol offerings will add to the reinvention. Mario Treto suggested the removal of the 500 foot rule from Class F be bifurcated and introduced as a separate ordinance. The 500 foot 348 of 629 FINAL Page 2 of 3 rule in Class F prohibits issuing a Class F liquor license to an establishment within 500 feet of another class F business. Mayor Hagerty explained that our grocery stores are already out of compliance with the rule and that it makes sense to remove the rule from the city code. The liquor board had discussed the issue at the January meeting and agreed at that time that the 500 foot rule should be eliminated. Mayor Hagerty told YD that he takes underage drinking very seriously and stated further that he has been very pleased, that since his time as Mayor, no issues have come to his attention. The Local Liquor Control Commissioner asked the members if there were any further questions or concerns over the request. None were voiced. The Board recommended issuance of a liquor license to be introduced at the City Council meeting on April 23, 2018. SV Family Evanston, LLC dba Board & Brush Evanston, 802 Dempster Rob Spengler (RS), co-owner, requested consideration for issuance of a class X (Arts and Craft studio/beer & wine) liquor license. RS is also co-owner of Little Beans Café. RS explained that he is a new franchisee in Board & Brush. There are currently 147 franchise locations and offers arts & craft classes that focus on making wooden boards and signs. He has a target opening date of April 20 th. The franchise requires owners to offer beer and wine either as BYOB or as retail sale offering, with a preference for franchisees to be licensed. RS expressed appreciation to the City for working with them on the creation of a new liquor license class. Mayor Hagerty asked if there would be any power tools in use while patrons are drinking. RS stated customers will not be using power tools. There are hand held tools used at the beginning of class to distress the wood. Alcohol will not be served until after this initial step is complete. Customers are so busy with their hands that he does not anticipate people having more than 1-2 drinks a session. Mayor Hagerty expressed his zero tolerance for underage drinking and his expectation that alcohol will be served in accordance to the rules and laws in place. The Local Liquor Control Commissioner asked the members if there were any further questions or concerns over the request. None were voiced. The Board recommended issuance of a liquor license to be introduced at the City Council meeting on April 23, 2018. Binny’s Beverage Depot, 1111 Chicago Ave. Michael Binstein (MB), owner, requested consideration for issuance of a class F-2 (Retail Liquor Dealer Gourmet Food Store) liquor license. May Hagerty provided an overview of the administrative and legislative history that led up to the creation of the new class F-2 liquor license class. Mayor Hagerty asked MB to elaborate on the gourmet food offerings of the store. MB responded that the license mandates food categories. MB said he will try to prioritize local vendors and producers for food. Binny’s is primarily a liquor store and food is an ancillary offering. Stores carrying food items customize the selection to the local community. MB stated that there will be some trial and error as Binny’s tries to pick food products that customers will respond to. Sandeep Ghaey (SG) offered public comment on the request. SG stated that the issue brought previously to the board was that special considerations should not be made for a large company. He said he thinks it is discriminatory that he was denied a particular liquor license when he opened Vinic Wine while Binny’s gets a license created for It. SG goes on to state that there are provisions in the F-2 license class that smaller companies are not allowed to have such as container sizes. Mayor Hagerty stated that 349 of 629 FINAL Page 3 of 3 he appreciated SG’s comments. Mayor Hagerty explained to SG that at the January meeting it was expressed that amendments would be made to other license classes to allow them the same container sizes as Binny’s has been afforded in the F-2 license class. SG also pointed out that the liquor sampling allowances are also different and would want the same treatment for that as well. Marion Macbeth stated the board takes individual cases as they come and that the board has created special amendments for other small companies. Mayor Hagerty directed the law department to work on the appropriate recommendations and amendments. Dick Peach agreed that amendments and allowances should be extended to other license holders. The Local Liquor Control Commissioner asked the members if there were any further questions or concerns over the request. None were voiced. The Board recommended issuance of a liquor license to be introduced at the City Council meeting on April 23, 2018. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Stephen H. Hagerty, Mayor at 11:30 a.m. April 4, 2018. Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 350 of 629 For City Council meeting of May 14, 2018 Item A12 Ordinance 53-O-18 – Increase Class F-2 Liquor License – Binny’s For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Mario Treto, Jr., Assistant City Attorney Theresa Whittington, Liquor Licensing Manager/Legal Analyst Subject: Ordinance 53-O-18, Increasing the Number of Class F-2 Liquor Licenses for Gold Standard Enterprises, Inc., d/b/a Binny’s Beverage Depot, 1111 Chicago Ave. Date: April 23, 2018 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 53-O-18, amending Evanston City Code Subsection 3-4-6-(F-2) to increase the number of Class F-2 Liquor Licenses from zero (0) to one (1) and permit issuance of a Class F-2 license to Gold Standard Enterprises, Inc., d/b/a Binny’s Beverage Depot located at 1111 Chicago Avenue. Ordinance 53-O-18 was introduced at the April 23, 2018 City Council meeting. Livability Benefits: Economy & Jobs: Retain and expand local businesses. Summary: Ordinance 53-0-18 will permit Gold Standard Enterprises, Inc., d/b/a Binny’s Beverage Depot (“Company”) to retail sale of alcoholic liquor in Retail Liquor Dealer/Gourmet Food and Amenity Store only to persons of at least twenty-one (21) years of age for consumption off the premises and for tasting/sampling on the premises. Company representative Walter Fornek submitted application materials. Legislative History: At the April 4, 2018 Liquor Control Review Board meeting, Company requested consideration of application for a Class F-2 liquor license. ------------------------------------------------------------------------------------- Attachments: Ordinance 53-O-18 Application Minutes of the April 4, 2018 Liquor Control Review Board meeting Memorandum 351 of 629 4/10/18 53-O-18 AN ORDINANCE Amending City Code Section 3-4-6 (F-2) to Increase the Number of Class F-2 Liquor Licenses from Zero to One (Gold Standard Enterprises, Inc., dba Binny’s Beverage Depot, 1 111 Chicago Ave.) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class F-2 Table 1 of Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised to add the following: F-2 Retail Liquor Dealer/Gourmet Food and Amenity Store Liquor Liquor $45,000 $15,000 0 1 None 8 a.m. — 12 a.m. (Mon-Sun) SECTION 2: Subsection 3-4-6 (F-2) of the Evanston City Code of 2012, as amended, is hereby further amended is hereby further amended by increasing the number of Class F-2 liquor licenses from zero (0) to one (1) to read as follows: (F-2) CLASS F-2 licenses, which authorizes the retail sale of packaged alcoholic liquor for consumption off premises and on the premises to persons of at least twenty- one (21) years of age. Class F-2 licenses are subject to the following conditions and limitations for the sale of alcohol, in original packages, unopened only: 1. It is unlawful for a Class F-2 licensee to sell a single container of beer for consumption off premises unless the volume of the container is greater than forty (40) fluid ounces or 1.18 liters, or, a single container of craft beer for consumption off premises unless the volume of the container is greater than ten (10) ounces or 0.296 liters. It is 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 is a violation of this Subsection. Nothing in this Subsection is 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. 352 of 629 53-O-18 ~2~ 2. It is unlawful for a Class F-2 licensee to sell a single container of wine for consumption off premises unless the container is greater than 6.32 fluid ounces or 0.187 liters. 3. It is unlawful for a Class F-2 licensee to sell a single container of alcoholic liquor for consumption off premises, except beer and wine which are regulated by Subsections (F-2)(1) and (F-2)(2) of this Section, unless the container is greater than 1.69 fluid ounces or 0.050 liters. 4. The sale of alcoholic liquor at retail for off-site consumption pursuant to the Class F-2 license may begin after 8:00 a.m., Monday through Sunday. Alcoholic liquor for off-site consumption cannot be sold after the hour of 12:00 midnight on any day. 5. A Class F-2 licensee must provide a minimum of twenty thousand (20,000) square feet for the retail sale of wine, spirits, and beer. The gross floor area must include premises within the exterior walls, but does not include any outdoor patio, parking, storage or display areas. The gross floor area includes space for retail sale of gourmet food and amenities. 6. A Class F-2 licensee must offer for sale some or all of the following: fine cheeses, deli and gourmet food products, related accessories, baked goods or cereal grains, charcuterie, canned, refrigerated or frozen prepared food products, books and magazines, or dry goods such as stemware or glasses. 7. Alcoholic liquor sold in original packages and intended for consumption off the premises cannot be opened or consumed on the premises. The sale of alcoholic liquor is permitted for tasting/sampling on the premises subject to the following conditions: 8. Licensees who offer servings of alcoholic liquor for on-site tasting/sampling must provide food service such as cheese, crackers, snack food, or other similar deli-style items to customers who are tasting/sampling alcoholic liquor. 9. Wine tasting is permitted only during authorized hours of business. Licensees must not provide more than three (3) free samples, each of which must not exceed one (1) fluid ounce, to any person in a day. Licensees may sell wine samples, but the volume of any wine sample sold must not exceed six (6) fluid ounces and the total volume of all samples sold to a person in a day must not exceed twelve (12) fluid ounces. Licensees must not provide and/or sell more than a total of fifteen (15) fluid ounces of wine samples to any person in a day. 10. Beer tasting of only the beers permitted to be sold under this classification for consumption off-premises is permitted only during authorized hours of business. Licensees must not provide more than three (3) free samples, each of which must not exceed two (2) fluid ounces, to any person in a day. Licensees may sell beer samples, but the volume of any beer sample sold must not exceed twelve (12) fluid ounces and the total volume of all samples sold to a person in a day must not exceed twenty-four (24) fluid 353 of 629 53-O-18 ~3~ ounces. Licensees must not provide and/or sell more than a total of thirty (30) fluid ounces of beer samples to any person in a day. 11. Alcoholic spirit tasting is permitted only during authorized hours of business. Licensees must not provide more than three (3) free samples, each of which must not exceed one quarter (0.25) fluid ounce, to any person in a day. Licensees may sell alcoholic spirit samples, but the volume of any alcoholic spirit sample sold must not exceed one (1) fluid ounces and the total volume of all samples sold to a person in a day must not exceed two (2) fluid ounces. Licensees must not provide and/or sell more than a total of two and seventy-five hundredths (2.75) fluid ounces of alcoholic spirit samples to any person in a day. 12. Under no circumstance is the consumption of alcoholic liquor allowed in an outdoor patio or sidewalk cafe. 13. The sampling of alcoholic liquor is adjunct to the operation of a retail liquor dealer/gourmet food and amenity store, and the premises cannot be advertised or otherwise held out to be a drinking establishment. 14. Under no circumstance can the sale of alcoholic liquor take place outside of the normal business hours of the retail liquor store. 15. Class F-2 licensees must have at least one (1) BASSET-certified site manager on-premises whenever alcoholic liquor is available for on-site tasting/sampling. All persons who sell, open, pour, dispense or serve alcoholic liquor must be BASSET certified and/or supervised. Class F-2 licensees must provide food service whenever alcoholic liquor is available for on-site tasting/sampling. The licensee is strictly liable for complying with all provisions regarding food service. Alcoholic liquor for retail sale for on-site tasting/sampling must be sold and dispensed only in plastic containers provided by the license, and must not be removed from the licensed premises. No alcoholic liquor will be brought onto the licensed premises or consumed on the licensed premises other than the alcoholic liquor sold at retail. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election must be made at the time of application. The annual single payment fee for initial issuance of such license is forty five thousand dollars ($45,000.00). The annual single payment fee for renewal of such license is fifteen thousand dollars ($15,000.00). No more than zero (0) one (1) such license(s) will be in force at any one (1) time. SECTION 3: Any prospective applicant for a Class F-2 license must prioritize hiring Evanston residents for employment at the licensed premises, and, prioritize the retail sale of local Evanston artisan food and liquor products at the licensed 354 of 629 53-O-18 ~4~ premises. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: 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 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. 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. Introduced: Adopted: ___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Interim Corporation Counsel 355 of 629 REDACTED 356 of 629 357 of 629 358 of 629 359 of 629 360 of 629 361 of 629 362 of 629 REDACTED 363 of 629 364 of 629 365 of 629 366 of 629 367 of 629 368 of 629 369 of 629 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOS AUTOS ONLY NON-OWNED SCHEDULED OWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY Willis of Illinois, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA Gold Standard Enterprises, Inc. 8935 N. Milwaukee Ave. Niles, IL 60714 This Voids and Replaces Previously Issued Certificate Dated 03/21/2018 WITH ID: W5542624. Location : Binny's Beverage Depot, 1111 Chicago Ave, Evanston, IL 60202. City of Evanston is an Additional Insured with respect to General Liability and Liquor Liability pursuant to the City of Evanston code section 3-4-4. City of Evanston 2100 Ridge Ave Evanston, IL 60201 03/26/2018 1-877-945-7378 1-888-467-2378 certificates@willis.com LM Insurance Corporation 33600 Employers Insurance Company of Wausau 21458 W5583032 A 1,000,000 1,000,000 5,000 1,000,000 2,000,000 2,000,000 Y TB5-Z91-506697-087 08/01/2017 08/01/2018 B Liquor Liability Y Each Common CauseTOC-Z91-506697-097 08/01/2017 08/01/2018 Aggregate 64715915859668SR ID:BATCH: $2,000,000 $1,000,000 Page 1 of 1 370 of 629 371 of 629 372 of 629 373 of 629 374 of 629 375 of 629 376 of 629 377 of 629 378 of 629 379 of 629 380 of 629 FINAL Page 1 of 3 C MEETING MINUTES Liquor Control Review Board Wednesday, April 4, 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, Theresa Whittington Others Present: James Pomerantz (Falcon Eddy’s); Rob Spengler (Board & Brush); Yovanda Diakoumis (Target); Jessica Watson (Target); Michael Binstein (Binny’s); Julia Burnham (Binny’s); Richard Parenti 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 Falcon Eddy’s, LLC dba Falcon Eddy’s Barbeque, 825 church Street Jim Pomerantz (JP), owner, requested approval for issuance of a class D (restaurant/liquor) liquor license. JP is the current co-owner of Bat 17. Bat 17 has been open for 12 years. The new restaurants cuisine is described as Texas barbeque. He would like to serve beer and wine to his customers. Mayor Hagerty stressed his zero tolerance for underage drinking. Mayor Hagerty reminded JP that a type 2 restaurant will not allow a restaurant to serve alcohol on a sidewalk café’. The Local Liquor Control Commissioner asked the members if there were any further questions or concerns over the request. None were voiced. The Board recommended issuance of a liquor license to be introduced at the City Council meeting on April 23, 2018. Target Corporation, dba Target Store T0927, 2209 Howard Street Yovanda Diakoumis (YD), store director, requested approval for issuance of a class F (Grocery Store/Liquor) liquor license. YD explained that Target on Howard has been in the community for quite some time. The lack of alcohol sales is the one thing that keeps Target from being a “one stop all inclusive” shop for its customers. She said that Target has lots of training programs in place regarding alcohol sales. Cashiers must be 21 years old to ring up sales and POS ID systems cannot be bypassed. She hopes that next year the store will get remodeled as a “next generation store” and that alcohol offerings will add to the reinvention. Mario Treto suggested the removal of the 500 foot rule from Class F be bifurcated and introduced as a separate ordinance. The 500 foot 381 of 629 FINAL Page 2 of 3 rule in Class F prohibits issuing a Class F liquor license to an establishment within 500 feet of another class F business. Mayor Hagerty explained that our grocery stores are already out of compliance with the rule and that it makes sense to remove the rule from the city code. The liquor board had discussed the issue at the January meeting and agreed at that time that the 500 foot rule should be eliminated. Mayor Hagerty told YD that he takes underage drinking very seriously and stated further that he has been very pleased, that since his time as Mayor, no issues have come to his attention. The Local Liquor Control Commissioner asked the members if there were any further questions or concerns over the request. None were voiced. The Board recommended issuance of a liquor license to be introduced at the City Council meeting on April 23, 2018. SV Family Evanston, LLC dba Board & Brush Evanston, 802 Dempster Rob Spengler (RS), co-owner, requested consideration for issuance of a class X (Arts and Craft studio/beer & wine) liquor license. RS is also co-owner of Little Beans Café. RS explained that he is a new franchisee in Board & Brush. There are currently 147 franchise locations and offers arts & craft classes that focus on making wooden boards and signs. He has a target opening date of April 20 th. The franchise requires owners to offer beer and wine either as BYOB or as retail sale offering, with a preference for franchisees to be licensed. RS expressed appreciation to the City for working with them on the creation of a new liquor license class. Mayor Hagerty asked if there would be any power tools in use while patrons are drinking. RS stated customers will not be using power tools. There are hand held tools used at the beginning of class to distress the wood. Alcohol will not be served until after this initial step is complete. Customers are so busy with their hands that he does not anticipate people having more than 1-2 drinks a session. Mayor Hagerty expressed his zero tolerance for underage drinking and his expectation that alcohol will be served in accordance to the rules and laws in place. The Local Liquor Control Commissioner asked the members if there were any further questions or concerns over the request. None were voiced. The Board recommended issuance of a liquor license to be introduced at the City Council meeting on April 23, 2018. Binny’s Beverage Depot, 1111 Chicago Ave. Michael Binstein (MB), owner, requested consideration for issuance of a class F-2 (Retail Liquor Dealer Gourmet Food Store) liquor license. May Hagerty provided an overview of the administrative and legislative history that led up to the creation of the new class F-2 liquor license class. Mayor Hagerty asked MB to elaborate on the gourmet food offerings of the store. MB responded that the license mandates food categories. MB said he will try to prioritize local vendors and producers for food. Binny’s is primarily a liquor store and food is an ancillary offering. Stores carrying food items customize the selection to the local community. MB stated that there will be some trial and error as Binny’s tries to pick food products that customers will respond to. Sandeep Ghaey (SG) offered public comment on the request. SG stated that the issue brought previously to the board was that special considerations should not be made for a large company. He said he thinks it is discriminatory that he was denied a particular liquor license when he opened Vinic Wine while Binny’s gets a license created for It. SG goes on to state that there are provisions in the F-2 license class that smaller companies are not allowed to have such as container sizes. Mayor Hagerty stated that 382 of 629 FINAL Page 3 of 3 he appreciated SG’s comments. Mayor Hagerty explained to SG that at the January meeting it was expressed that amendments would be made to other license classes to allow them the same container sizes as Binny’s has been afforded in the F-2 license class. SG also pointed out that the liquor sampling allowances are also different and would want the same treatment for that as well. Marion Macbeth stated the board takes individual cases as they come and that the board has created special amendments for other small companies. Mayor Hagerty directed the law department to work on the appropriate recommendations and amendments. Dick Peach agreed that amendments and allowances should be extended to other license holders. The Local Liquor Control Commissioner asked the members if there were any further questions or concerns over the request. None were voiced. The Board recommended issuance of a liquor license to be introduced at the City Council meeting on April 23, 2018. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Stephen H. Hagerty, Mayor at 11:30 a.m. April 4, 2018. Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 383 of 629 For City Council meeting of May 14, 2018 Items A13-A14 Ordinance 54-O-18 and 55-O-18: Eliminating the Class F and F-1 500 Foot Restriction For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Mario Treto, Jr., Assistant City Attorney Theresa Whittington, Liquor Licensing Manager/Legal Analyst Subject: Ordinance 54-O-18 and Ordinance 55-O-18, Eliminating the Class F and Class F-1 500 Foot Restriction From Other Class F and Class F-1 Liquor Establishments Date: April 23, 2018 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 54-O-18 and Ordinance 55-O-18, eliminating the restriction prohibiting Class F and Class F-1 liquor licensees to be within five hundred (500) feet from another Class F or Class F-1 liquor license establishment. Ordinances 54-O-18 and 55-O-18 were introduced at the April 23, 2018 City Council meeting. Livability Benefits: Economy & Jobs: Retain and expand local businesses Summary: Ordinance 54-O-18 amends Evanston City Code of 2012 Subsection 3-4-6-(F), as amended, to eliminate the restriction prohibiting a Class F liquor licensee to be within five hundred (500) feet from another Class F liquor license establishment. Ordinance 55-O-18 amends Evanston City Code of 2012 Subsection 3-4-6-(F-1), as amended, to eliminate the restriction prohibiting a Class F-1 liquor licensee to be within five hundred (500) feet from another Class F-1 liquor license establishment. This ordinance will permit Class F and Class F-1 liquor license applicants to obtain their respective licenses without having location restrictions in relation to other Class F and Class F-1 liquor license locations. Legislative History: At the April 4, 2018 Liquor Control Review Board meeting, the Liquor Control Review Board requested elimination of the consideration of application for a Class F liquor license Memorandum 384 of 629 Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 54-O-18 Ordinance 55-O-18 Minutes of the April 4, 2018 Liquor Control Review Board meeting 385 of 629 04/12/2018 54-O-18 AN ORDINANCE Amending City Code Section 3-4-6-(F) Eliminating the 500 Foot Restriction From Other Class F Liquor Licensees NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(F) of the Evanston City Code of 2012, as amended, is hereby further amended by eliminating the five hundred (500) foot restriction from other Class F liquor licensees to read as follows: (F) CLASS F licenses, which shall authorize the retail sale of alcoholic liquor in grocery stores, combination stores as defined in Section 3-4-1 of this Chapter, and wholesale clubs requiring membership in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. Class F licenses shall also authorize the tasting of alcoholic liquor not exceeding the limits set forth herein. 1. It shall be unlawful for a Class F 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. Nothing in this Subsection shall be construed as prohibiting the sale of packages containing six 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 F licensee to sell a single container of wine unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 3. It shall be unlawful for a Class F licensee to sell a single container of alcoholic liquor, except beer and wine which are regulated by Subsections (F)1 and (F)2 of this Section, unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 4. The sale of alcoholic liquor at retail pursuant to the Class F 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. No such license may be granted to an establishment that is located within 386 of 629 54-O-18 ~2~ five hundred (500) feet of a licensee holding a Class F liquor license. 6.5. A Class F licensee shall provide a minimum of twelve thousand (12,000) square feet of production, preparation, and display area in which products are prepared and are for sale. 76. Class F licenses shall permit the tasting of samples of the alcoholic liquor permitted to be sold under this classification, on the licensed premises during authorized hours of business. No charge, cost, fee, or other consideration of any kind shall be levied for any such tasting. Licensees shall not provide more than three (3) free tastings, each of which shall not exceed one (1) fluid ounce for wine, two (2) fluid ounces for beer and one- quarter (.25) fluid ounce for distilled alcohol, to any person in a day. Licensees must have at least one (1) BASSET-certified site manager on- premises whenever offering alcoholic liquor for tastings. Licensees must provide food service when offering alcoholic liquor for tastings. The applicant for a Class F license shall pay a first year license fee of thirty-five thousand dollars ($35,000.00). Thereafter, the annual fee for a Class F license shall be eleven thousand five hundred dollars ($11,500.00). No more than eleven (11) 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. 387 of 629 54-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, Interim Corporation Counsel 388 of 629 04/12/2018 55-O-18 AN ORDINANCE Amending City Code Section 3-4-6-(F-1) Eliminating the 500 Foot Restriction From Other Class F-1 Liquor Licensees NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(F-1) of the Evanston City Code of 2012, as amended, is hereby further amended by eliminating the five hundred (500) foot restriction from other Class F-1 liquor licensees to read as follows: (F-1) CLASS F-1 licenses, which shall authorize the retail sale of packaged alcoholic liquor for consumption off premises and the sale of beer and wine for consumption on the premises as an incidental part of a grocery store, as defined in Section 3-4-1 of this Chapter, to persons of at least twenty-one (21) years of age. Class F-1 licenses shall be subject to the following conditions and limitations for the sale of alcohol, in original packages, unopened only: 1. It shall be unlawful for a Class F-1 licensee to sell a single container of beer for consumption off premises 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. Nothing in this Subsection shall be construed as prohibiting the sale of packages containing six 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 F-1 licensee to sell a single container of wine for consumption off premises unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 3. It shall be unlawful for a Class F-1 licensee to sell a single container of alcoholic liquor for consumption off premises, except beer and wine which are regulated by Subsections (F-1)1 and (F-1)2 of this Section, unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 4. The sale of alcoholic liquor at retail for off-site consumption pursuant to 389 of 629 55-O-18 ~2~ the Class F-1 license may begin after 8:00 a.m., Monday through Sunday. Alcoholic liquor for off-site consumption shall not be sold after the hour of 12:00 midnight on any day. 5. No such license may be granted to an establishment that is located within five hundred (500) feet of a licensee holding a Class F-1 or Class F liquor license. 65. A Class F-1 licensee shall provide a minimum of fifty thousand (50,000) square feet of production, preparation, and display area in which products are prepared and are for sale. The gross floor area shall include premises within the exterior walls of the grocery store, but does not include any outdoor patio, parking, storage or display areas. 76. Alcoholic liquor sold in original packages and intended for consumption off the premises shall not be opened or consumed on the premises or in any designated seating/service area. 87. Class F-1 licenses shall permit the tasting of samples of the alcoholic liquor permitted to be sold under this classification, on the licensed premises during authorized hours of business. No charge, cost, fee, or other consideration of any kind shall be levied for any such tasting. Licensees shall not provide more than three (3) free tastings, each of which shall not exceed one (1) fluid ounce for wine, two (2) fluid ounces for beer and one-quarter (.25) fluid ounce for distilled alcohol, to any person in a day. Licensees must have at least one (1) BASSET-certified site manager on-premises whenever offering alcoholic liquor for tastings. Licensees must provide food service when offering alcoholic liquor for tastings. The sale of beer and wine shall be permitted for consumption on the premises subject to the following conditions: 98. The sale of beer and wine only for consumption on the premises shall be served only in a designated seating/serving area, which includes an area where food is prepared and regularly served on the premises. Such food may include hot or cold sandwiches, appetizers, tapas, sushi, baked goods or other similar foods. 109. The consumption of beer and wine on the premises shall be permitted in the designated seating/serving area as well as the shopping areas throughout the premises; however, the licensee shall mark, with conspicuous signage, the areas past which consumption of beer and wine is no longer permitted. 1110. The designated seating/serving area for customers consuming beer and wine on the premises shall be limited to five percent of the gross floor area. 1211. The total space for on premise consumption shall be no more than 2,500 square feet. Such 2,500 square feet shall be measured as the space inside the barriers which are required in Subsections (F-1)10 and (F-1)11. 1312. Under no circumstance shall the consumption of beer and wine be allowed 390 of 629 55-O-18 ~3~ in an outdoor patio. 1413. It is intended that the service of beer and wine is merely adjunct to the operation of a grocery store and that the facility shall not be advertised or otherwise held out to be a drinking establishment. 1514. Under no circumstance shall the sale of beer and wine take place outside of the normal business hours of the grocery store. The applicant for a Class F-1 license shall pay a first year license fee of forty thousand dollars ($40,000.00). Thereafter, the annual fee for a Class F license shall be thirteen thousand dollars ($13,000.00). No more than one (1) such licenses 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: ___________________, 201 8 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor 391 of 629 55-O-18 ~4~ Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Interim Corporation Counsel 392 of 629 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, May 14, 2018 7:15 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 FISKE, CHAIR II.APPROVAL OF REGULAR MEETING MINUTES OF APRIL 23, 2018 III.ITEMS FOR CONSIDERATION (P1) Resolution 22-R-18, Approving a Plat of Resubdivision for 1727 Oak Avenue The Plan Commission and staff recommend adoption of Resolution 22-R-18, approving a Plat of Resubdivision for 1727 Oak Avenue. The applicant requests a subdivision to separate the development parcel from the 1007 Church parcel. The subdivision meets all requirements of the D3 Downtown District including lot size and lot width, and has been reviewed by the Public Works Agency for compliance with applicable regulations. For Action (P2) Ordinance 59-O-18, Granting a Special Use Permit for a Planned Development Located at 1727 Oak Avenue in the D3 Downtown Core Development District The Plan Commission and staff recommend adoption of Ordinance 59-O-18, granting a Special Use Permit for a Planned Development Located at 1727 Oak Avenue. The Planned Development is for a 17-story age-restricted multi-family rental development with 169 units and 136 parking spaces in the D3 Downtown Core Development District. Four site development allowances are requested for the number of dwelling units, building height, front yard setback and number of loading berths. For Introduction 393 of 629 Planning & Development Committee Meeting Agenda May 14, 2018 (P3) Ordinance 61-O-18, Map Amendment, Planned Development and Special Use for Open Sales Lot at 128-132 Chicago Avenue The Plan Commission and staff recommend adoption of Ordinance 61-O-18 for approval of a Map Amendment to rezone the northern portion of the property from the C1 Commercial District to the B3 Business District, a special use for an open sales yard in the B3 Business District and a Planned Development in the B3 Business District to construct a 5-story mixed-use building with approximately 4,999 square feet of indoor ground floor commercial space, approximately 7,000 square feet of outdoor garden/open sales lot, 26 dwelling units and 30 parking spaces. Three site development allowances are requested for the number of parking spaces, fence location, and parking setbacks. For Introduction IV.ITEMS FOR DISCUSSION (PD1) Three Unrelated Rule: Definition of Family and Regulations Regarding Occupancy of Dwelling Units Staff requests direction on next steps relating to the Zoning Code definition of “Family” and related regulations on occupancy of dwelling units, commonly known as the three-unrelated rule. City Council referred discussion of this subject to the Planning and Development Committee at its meeting on April 30, 2018. For Discussion – Provide Direction V. COMMUNICATIONS VI.ADJOURNMENT 394 of 629 Planning & Development Committee Meeting Minutes of April 23, 2018 7:15 p.m. James C. Lytle Council Chambers - Lorraine H. Morton Civic Center MEMBERS PRESENT: M. Wynne, A. Rainey, T. Suffredin, J. Fiske, E. Revelle, D. Wilson, R. Rue Simmons STAFF PRESENT: M. Masoncup, E. Storlie, S. Mangum OTHERS PRESENT: PRESIDING OFFICIAL: Ald. Fiske I. CALL TO ORDER/DECLARATION OF QUORUM: ALDERMAN FISKE, CHAIR A quorum being present, Ald. Fiske called the meeting to order at 8:07 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF APRIL 9, 2018 Ald. Rainey moved to approve the minutes of the April 9, 2018 meeting, seconded by Ald. Wynne. The committee voted unanimously 7-0, to approve the April 9, 2018 minutes. III. ITEMS FOR CONSIDERATION (P1) Granting Vacation Rental License for 1500 Main Street City staff recommends approval of a Vacation Rental License for the property located at 1500 Main Street. 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. Wynne. The Committee voted, 7-0 to recommend approval. (P2) Granting Vacation Rental License for 1419 Elmwood City staff recommends approval of a Vacation Rental License for the property located at 1419 Elmwood Avenue. The Vacation Rental meets all of the Standards and Procedures for license approval. For Action Ald. Wilson has spoken to applicants and has heard no concerns from neighbors. Ald. Wilson moved approval of the item, seconded by Ald. Rue DRAFT 395 of 629 Planning & Development Committee Meeting Page 2 of 4 Minutes of April 23, 2018 Simmons. The Committee voted, 7-0 to recommend approval. (P3) Ordinance 29-O-18, Amending the City Code Title 2, Chapter 8 “Historic Preservation” The Preservation Commission and staff recommend City Council approval of Ordinance 29-O-18, Amending Title 2, Chapter 8 of the Evanston City Code, “Historic Preservation.” The focus of the text amendment is to update, when appropriate, the language and definitions and also streamline procedures to make it more user friendly for the staff, the Commission, and the public. The original intent and principles of the current Preservation Ordinance have been maintained. For Introduction Betty Esther, has questions about architectural changes and the process/impact of landmark designation. Diane Williams, Chair of the Preservation Commission, clarified that no significant changes to the designation criteria proposed. Ald. Revelle moved to recommend introduction of Ordinance 29-O-18, seconded by Ald. Wilson. The Committee voted 7-0 to Introduce Ordinance 29-O-18. (P4) Ordinance 47-O-18, Amending the Definition of “Coach House” in the City Code Section 6-18-3 Staff recommends adoption of Ordinance 47-O-18, amending the Zoning Ordinance to modify the definition of a Coach House. A previous version of the proposed text amendment did not receive a recommendation from the Plan Commission. Ordinance 47-O-18 was held on April 9, 2018 until April 23, 2018 for Introduction. For Introduction Ald. Wilson moved to recommend introduction of Ordinance 47-O-18, seconded by Ald. Rue Simmons. The Committee voted 7-0 to Introduce Ordinance 47-O-18. (P5) Ordinance 40-O-18, Amending the City Code, “Permitted Obstructions in Required Yards: General Provisions” Relating to Front Porches Following input from the current and former Zoning Board of Appeals Chair, staff recommends direction from the Committee regarding the scope of amendments to the front porch regulations. If the proposed amendments are limited to sections of the Zoning Ordinance that were included in the Plan Commission legal notice (6-4-1-9 Yards, and 6-18-3 Definitions), Ordinance 40-O-18 can be approved and/or amended. However, if the Committee desires to amend other regulations such as the appropriate determining body for porch variations (6-3-8-3 Authorized Variations), a Plan Commission meeting would need to be re-noticed accordingly. Ordinance 40-O-18 was 396 of 629 Planning & Development Committee Meeting Page 3 of 4 Minutes of April 23, 2018 held on April 9, 2018 until April 23, 2018 for Introduction. For Introduction Ald. Suffredin, inquired about the current issues that need resolving and the locations where the issues exist. Matt Rodgers, former Chair of the Zoning Board of Appeals, summarized his concerns with the Plan Commission proposal with encroachments, including enclosing porches that become living space and then adding a new front porch. He stated this is a long-term concern and belief that porches are no longer used for socialization as those activities have moved to rear decks. In response to Ald. Fiske, Mr. Rodgers stated that a roofed and enclosed front porch is treated the same in the code, and also that there is still a variation process to restore houses to their original footprint if a front porch has been removed. Ald. Wynne, noted that front yard green space important for everyone on a block because of smaller front yards. Zoning regulations create a level of certainty for neighbors as a social compact. Ald. Wilson is supportive of allowing residents to use yards and is concerned with pushing people to rear yards. Believes there will be a greater impacts in some neighborhoods and feels that a 6-foot front porch is not overly large. In response to and inquiry from Ald. Rue Simmons, Scott Mangum, Planning and Zoning Administrator, provided background information about existing setback regulations and allowed projections. Ald. Fiske expressed concerns about reduced setbacks over time. Ald. Rue Simmons wanted more information about the impacts on different neighborhoods. Ald. Wynne moved to table the item seconded by Ald. Rue Simmons. The Committee voted 7-0 to table the item. (P6) Ordinance 58-O-18 Granting a Special Use for a Type 2 Restaurant, Falcon Eddy’s Barbecue at 825 Church Street The Zoning Board of Appeals and City Staff recommend adoption of Ordinance 58-O-18 granting a special use approval for a Type 2 Restaurant, Falcon Eddy’s Barbecue in the D2 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. Wynne moved to introduce, suspend the rules, and approve Ordinance 58-O-18, seconded by Ald. Wilson. The Committee voted unanimously to introduce, suspend the rules, and approve Ordinance 397 of 629 Planning & Development Committee Meeting Page 4 of 4 Minutes of April 23, 2018 58-O-18. IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS There were no communications. VI. ADJOURNMENT Ald. Revelle moved to adjourn, seconded by Ald. Wilson. The meeting adjourned at 8:40 p.m. Respectfully submitted, Scott Mangum Planning and Zoning Administrator 398 of 629 For City Council meeting of May 14, 2018 Items P1 & P2 Resolution 22-R-18 and Ordinance 59-O-18, Planned Development at 1727 Oak Ave Resolution: For Action Ordinance: For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Erika Storlie, Assistant City Manager/Acting Community Development Director Scott Mangum, Planning & Zoning Administrator Melissa Klotz, Zoning Planner Subject: Resolution 22-R-18 & Ordinance 59-O-18 Subdivision & Planned Development, 1727 Oak Ave., 18PLND-0005 Date: May 7, 2018 Recommended Action: The Plan Commission and staff recommend adoption of Resolution 22-R-18 and Ordinance 59-O-18 for approval of a lot subdivision and Planned Development for a 17- story age-restricted multi-family rental development with 169 units and 136 parking spaces in the D3 Downtown Core Development District. The proposal includes the following Site Development Allowances: ● Number of dwelling units: 169 units where a maximum of 117 units are permitted in the D3 District. ● Building height: 155’ (plus 21’ of parking floors) where 85’ (plus parking) is permitted in the D3 District, and up to a maximum of 170’ (plus parking) is allowed as a Site Development Allowance. ● 1’ front yard setback (for floors 2-3 only) where 3’ is required in the D3 District. ● 1 short loading berth where 2 short loading berths are required. Livability Benefits: Built Environment: Provide compact and complete streets and neighborhoods Education, Arts & Community: Support older adults as they age in the community Memorandum 399 of 629 Rendering of Proposed Development (from the northwest): Background The applicant proposes to subdivide the existing 1007 Church property that contains Shand Morahan Plaza and a surface parking lot, to create a separate parcel where the surface parking lot is located comprised of 35,240 sq. ft. (.81 acres). The surface parking lot currently features 45 parking spaces for 1007 Church, which are in excess of the parking requirement for that building including its medical office use. 1007 Church still complies with the required parking since it features a total of 300 parking spaces where 294 spaces are required. The 300 parking spaces are located on the west side of Oak Ave. within the existing Sienna Court condo development, as approved by Ord. 77-O-11. Uses surrounding the property include the 8-story office/medical building at 1007 Church St. commonly known as Shand Morahan Plaza and designed by renowned architect Helmut Jahn, the 8-story Sienna Court apartment complex at 1717 Ridge Ave./8-story condo complex at 1720-1740 Oak Ave., and multiple moderate sized religious institutions. The east property line abuts the Metra tracks, with the 28-story Optima Views condo/mixed use complex east of the tracks. A 10-story independent living/assisted living/memory care facility was approved to the northwest at 1815 400 of 629 Oak/Ridge Ave. as a Planned Development in 2016, and is anticipated to begin construction in 2018. Site Layout The proposed structure consists of a parking podium base that is set back 3.5 feet from the front (Oak Ave.) property line to align with the 1007 Church building. The second and third floors comprise the remainder of the enclosed parking and cantilevers over the first floor to a distance 1 foot from the front property line. Floors 4-16 comprise the bulk of the tower structure and features ziggurat step backs from all sides of the podium base. The tower features protruding balconies on all facades that are minimally sized and do not extend out to the depth of the podium. The ground floor features amenity space including a lobby/lounge, leasing area, dining area, dog wash station, package room, salon and spa, and an outdoor dog park, as well as the entrance to the loading berth and parking garage. The ground floor features enclosed parking as well as 10 parking stalls that are not within the parking garage (though 7 of the 10 are roofed) available to guests of the facility. One enclosed short loading berth is located at the south end of the property in conjunction with the parking garage entrance so that only one curb cut is needed for the entire development. There is no alley serving this block. The second and third floors comprise the remainder of the parking podium, for a total of 136 parking spaces. 14 of the spaces are compact size. The remaining 122 parking spaces meet the parking requirement of 122 required spaces. Floors 4-16 feature a combination of 26 studios (alcove), 91 one-bedroom units, and 52 two-bedroom units, all ranging in size from 569-1245 sq. ft. The 17th floor features additional amenity space including a fitness room, movie room, and game room, as well as an outdoor rooftop pool. An enclosed mechanical penthouse and enclosed stair are located above the 17th floor and do not count towards building height. The roof of the 17th floor reaches a height of 176 feet. However, the D3 District discounts floors that are at least 75% parking from the height calculation. With floors 2-3 entirely devoted to parking, 21 feet of building height is excluded from the height calculation, for a requested building height of 155 feet. Although the first floor features parking, it is not excluded from building height due to the amount of habitable amenity/lobby space. The total height of the building, including the mechanical penthouse and access stair, is 189’. The applicant will modify the on-street parking along Oak Ave. The applicant proposes to relocate an existing fire hydrant to the north end of the property and remove one existing curb cut, which then allows for 4 additional on-street parking spaces (for a total of 49 spaces on the east side of the street). Two parking spaces will be ADA compliant with ADA paths to the sidewalk, and two parking spaces will be 15-minute parking for drop-offs, Uber pick-ups, etc. 401 of 629 The streetscape will be improved with brick banding adjacent to the curb, the number of street trees will increase from 13 to 18, and the crosswalk located towards the southern portion of the development will be re-striped with curb extensions constructed to shorten the crossing distance within the street. Five public bicycle racks will be provided at the north end of the development in the right-of-way. The applicant also proposes landscaping on top of the parking podium to establish a green roof. A dog park is proposed at the far north end of the property that will be accessible to the general public. The dog park is surrounded by a 5 foot tall metal, wrought-iron style steel fence and features a gate to the public sidewalk for public access. A steel and wood pergola is proposed over a portion of the dog park with a maximum height of 12 feet. Proposed Site Plan/Ground Floor Plan: 402 of 629 Compliance with the Zoning Ordinance Subdivision: The applicant requests a subdivision to separate the development parcel from the 1007 Church parcel. The subdivision meets all requirements of the D3 Downtown District including lot size and lot width, and has been reviewed by the Public Works Agency for compliance with applicable regulations. Planned Development: The applicant requests approval of a Planned Development for a 17-story age-restricted multi-family rental development with 169 units and 136 parking spaces. The applicant requests approval of 4 Site Development Allowances: ● Number of dwelling units: 169 units where a maximum of 117 units are permitted in the D3 District. ● Building height: 155’ (plus 21’ of parking floors) where 85’ (plus parking) is permitted in the D3 District, and up to a maximum of 170’ (plus parking) is allowed as a Site Development Allowance. ● 1’ front yard setback (for floors 2-3 only) where 3’ is required in the D3 District. ● 1 short loading berth where 2 short loading berths are required. All requested Site Development Allowances are eligible allowances listed in the Zoning Ordinance. Parking and Traffic With 169 dwelling units and a parking requirement of .55 parking spaces per bedroom (TOD parking requirement), a total of 122 parking spaces are required. The applicant proposes 122 regular parking spaces as well as 14 compact spaces, for a total of 136 parking spaces (0.8 per dwelling unit). There is no requested relief for parking. The Parking and Traffic Study submitted by the applicant concludes the 136 spaces will be adequate for the residents of the building, employees, and visitors. The study takes into account recently approved large developments including 1815 Oak/Ridge and the recently denied 601 Davis St. Planned Development. The traffic study notes age-restricted developments typically feature a resident demographic with a reduced need to travel outside the development, especially during peak commuter periods, therefore the proposed development will produce less vehicular impact than other compliant uses. The traffic study finds the existing conditions of the signalized intersection at Ridge Ave. and Church St. will maintain the same vehicular delay level for both morning and evening peak hours except for the morning northbound approach, which will decrease from level C to D, and the evening southbound approach, which will also decrease from level C to D. The signalized intersection at Church St. and Oak Ave. will maintain all current B levels at all times. The traffic study concludes the street network will be able to accommodate the increased traffic volumes and no capacity 403 of 629 improvements or modifications for vehicular movement are needed or suggested. Pedestrian safety is a concern of surrounding neighbors, and was discussed at length at the Plan Commission meetings. A midblock crosswalk currently exists on Oak Ave. and is often utilized by residents of the Sienna Court development, some of whom have disabilities that make crossing streets challenging. The crosswalk is also used by clients of the medical building at 1007 Church and its parking garage that is within the Sienna Court property. The applicant proposes the following traffic calming measures and pedestrian safety features: ● Addition of advanced pedestrian crossing warning signs north and south of the crosswalk along Oak Ave. ● Enhanced pedestrian crossing signs and re-striping of the midblock crosswalk. ● Shortened pedestrian crosswalk distance achieved by extending the curb line on the east side of the street. The crosswalk distance is shortened from 48.5’ (existing) to 32.3’ (proposed) so that pedestrians are within the street for 16.2’ less. The extended curb also provides increased visibility for pedestrians to see oncoming vehicular traffic without stepping into the street prior to entering the crosswalk. The applicant also agrees to contribute $15,000 to the City of Evanston to be utilized for the installation of pedestrian countdown timers at Ridge Ave. and Church St. when the City conducts its traffic light update (in conjunction with pedestrian countdown timers at Oak Ave. and Church St. contributed by the 1815 Oak/Ridge development). Public Benefits The applicant agrees to provide the following public benefits as part of the Planned Development proposal: 1. The Applicant shall provide 17 units (10% of total units within the development) of on-site affordable housing for the following 25 years in accordance with the approved equivalent alternative inclusionary housing proposal (memo attached), which provides that affordable studio and 1-bedroom units are interchangeable by Applicant (i.e., allows for a mix of studio units and 1-bedroom units, all studio units, or all 1-bedroom units). The affordable units shall be affordable to households earning no more than the following area median income (AMI): 4 units must be affordable at 50% AMI, 5 units must be affordable at 60% AMI and 8 units must be affordable at 80% AMI. 2. The applicant shall make a one-time contribution to the City of Evanston in the amount of $17,000 to pay for the installation of two parking pay boxes. 3. Applicant agrees to create a publicly accessible public dog park to be maintained by on-site building management. Dog refuse pickup bags and refuse containers shall be available for public use within the dog park at all times. All users of the dog park must have their dogs licensed in Evanston. 404 of 629 4. The Applicant agrees to install a Transit Tracker Display Board or like system as information/technology changes within the building’s lobby area and visible from the adjacent sidewalk in perpetuity. 5. The Applicant must install and maintain the streetscape improvements including bike racks, wayfinding signage, curb extension, street trees, and landscaping. 6. The Applicant shall make improvements to the midblock crosswalk on Oak Ave., including curb extensions, restriping, and additional signage. 7. The Applicant shall be responsible for repainting the protected bike lane on Church Street between Oak Ave. and Maple Ave. 8. The Applicant agrees to make a one-time contribution to the City of Evanston in the amount of $15,000 to be utilized for the installation of pedestrian countdown timers at Ridge Avenue and Church Street when the City conducts its traffic light update. Conditions In addition to the stated public benefits, the applicant agrees to the following conditions: 1. Development and operation of the Planned Development shall be in substantial compliance with the documents on file, testimony, and representations made throughout the Planned Development process. 2. A Construction Management Plan is required prior to issuance of the building permit, and shall be planned in conjunction with the adjacent 1815 Oak/Ridge Construction Management Plan when feasible. 3. Any material change in the use of the building must be approved as an amendment to the Planned Development. 4. Within one year of issuance of the Final Certificate of Occupancy, the applicant must submit a traffic study analyzing traffic incidents adjacent to the property, at the intersection of Church St. and Oak Ave., and at the curve from Oak Ave. to Clark St. Upon review of the submittal, the City reserves the right to restrict movement in or out of the site or require additional traffic calming and pedestrian safety measures. 5. A Remedial Action Plan approved by the Illinois Environmental Protection Agency shall be submitted prior to issuance of the Final Certificate of Occupancy. 6. The applicant shall pay the cost of lost meter revenue directly related to the construction of the building at a rate of $75 per parking space per month. 7. On-site building management is responsible for ensuring delivery/moving trucks utilize the one provided on-site loading berth in a timely manner so that at no time is one truck waiting on the street for the loading berth to become available. Standards of Approval The proposed development must satisfy the Standards for Special Use (Section 6-3-5- 10), the Standard for Planned Development (Section 6-3-6-9), and Standards and Guidelines Established for Planned Developments in the D3 Downtown Core Development District (Section 6-11-1-10). Staff and the Plan Commission find that the 405 of 629 proposed development meets all Standards for approval: Standards for Special Use (Section 6-3-5-10): A Planned Development is listed as a special use in the D3 Downtown Core Development district. The proposed development follows the purposes and policies outlined in the Comprehensive Plan and the Zoning Ordinance. The proposed development will not cause a negative cumulative effect when considered in conjunction with other special uses in the area. Surrounding uses include high- density residential and office/medical office. Although the property is located in the D3 District, the site is not central to the retail core of the downtown area and is not suitable for a mixed-use building with substantial ground floor retail. The proposal can be adequately served by public facility infrastructure already available. The street and sidewalk network and extensive public transportation, as well as water, sewer, electricity, and gas infrastructure already exist in the area. Any necessary modifications to infrastructure, including the relocation of a fire hydrant, shall be approved through the permit process as appropriate. The applicant submitted a Traffic Impact Study that finds there will be minimal effect to the level of service on existing surrounding roadways. The access to the parking garage and loading berth are combined into one to reduce the number of curb cuts on the property and increase the walkability of the area. Additionally, the applicant agrees to multiple public benefits that increase the walkability and pedestrian safety in the area, thereby encouraging less vehicular usage. Finally, the proposal meets all zoning requirements other than the four Site Development Allowances requested. Standards and Guidelines for Planned Developments in D3 District (Sections 6-3-6-9 and 6-11-1-10): The proposed Planned Development complies with the purpose and the intent of the Comprehensive General Plan, the 2009 Downtown Plan, and the Zoning Ordinance. The proposal is a high density residential development that is a compatible land use with surrounding properties. The proposed development preserves surrounding character-giving buildings such as the Helmut Jahn designed Shand Morahan building at 1007 Church St. Additionally, the proposal enhances the existing streetscape and strengthens the pedestrian orientation and scale of the entire block. The proposal is consistent with the vision and goals of the Comprehensive Plan for redevelopment of underutilized properties and the 2009 Downtown Plan, with appropriate building height, bulk, and density. 406 of 629 Legislative History April 11, 2018 – The Plan Commission recommended approval 6-1 of the proposed development including the Site Development Allowances and conditions listed in the staff memos dated March 9, 2018 and April 5, 2018, as well as a condition that the developer work with the DAPR Committee and staff to improve the façade of the building. The applicant has subsequently submitted revised building elevations and renderings included in the Ordinance Exhibits. March 14, 2018 – The Plan Commission opened the public hearing and heard testimony by the applicant and general public. At the request of a nearby resident, the hearing was continued to April 11, 2018. March 7, 2018 – The Design & Project Review Committee (DAPR) found the revised loading berth location and added Site Development Allowance acceptable as it reduced the number of curb cuts for the development down to one. The Committee recommended approval of the proposed development subject to compliance with development allowances, comments at DAPR, and the documents and testimony on record. February 21, 2018 – The Design & Project Review Committee (DAPR) expressed concern regarding the loading berth location and the site layout, which required trucks to back out of the loading berths onto Oak Ave. near the curve to Clark St. DAPR requested the applicant look at alternative designs that reduce the curb cuts and do not require trucks to back out into the street. DAPR continued the case to March 7, 2018. Attachments Proposed Alternative Equivalent to the Inclusionary Housing Ordinance Resolution 22-R-18 (Subdivision) Ordinance 59-O-18 (Planned Development) Link to Plan Commission Packet of April 11, 2018 (Revisions & Clarifications) Link to Plan Commission Packet of March 14, 2018 (Planned Development Submittal) Plan Commission Draft Meeting Minutes of April 11, 2018 Plan Commission Meeting Minutes of March 14, 2018 407 of 629 To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Erika Storlie, Interim Community Development Director Sarah Flax, Housing and Grants Administrator Savannah Clement, Housing Policy and Planning Analyst Subject: Alternative Inclusionary Housing Proposal for On-Site Affordable Units in the 1727 Oak Development Date: April 10, 2018 Recommended Action: Staff recommends consideration of a proposal from the developer of the planned development at 1727 Oak Ave, an age-restricted (55 and older) residential development with 169 rental units, that would provide seventeen (17) on-site affordable dwelling units as an alternative means of complying with the City’s Inclusionary Housing Ordinance (IHO). The developer’s initial proposal was to pay a fee-in-lieu of $1.7 million for the 17 affordable units. Funding Source: N/A Livability Benefits: Built Environment: Support housing affordability; provide compact and complete streets and neighborhoods; Equity & Empowerment: Ensure equitable access to community benefits, and support poverty prevention and alleviation Discussion: The applicant offered to pay the fee in lieu for 17 units, which would total $1.7M. However, in response to the interest in having the maximum affordable units onsite, developer proposes a different mix of income restrictions from the ordinance because compliance with the income requirements would render the development infeasible. City’s Inclusionary Housing Ordinance, Section 5-7-10 Reduction of Requirements states that if an applicant presents clear and convincing financial evidence that full compliance with the requirements would render the development financially infeasible, Memorandum 408 of 629 the applicant may seek a reduction in the required number of affordable dwelling units and/or payment in lieu as to render the project financially feasible. The applicant is not seeking a reduction of the fee in lieu, but has proposed an alternative that seeks the inclusion of units at 80% of AMI in an effort to respond to demands to include the maximum number of on-site units in new developments in downtown districts. The revised proposal includes a combination of studios and one-bedroom units at 50%, 60% and 80% of the area median income that will be distributed throughout the development. Unit sizes and affordability restrictions are shown in the table below. Number of Units Unit Type 50% AMI 60% AMI 80% AMI Market Total Studio 2 2 4 18 26 1-Bedroom 2 3 4 82 91 2-Bedroom 0 0 0 52 52 Totals 4 5 8 152 169 This proposal responds to input from the community to include as many onsite affordable units as possible. The proposed project is for seniors only and the vast majority of households in this age range are one adult. A mix of studio and one bedroom units meet the needs of single adults and couples. Senior housing restrictions do not allow children as residents, so the property is unable to accommodate HHs such as grandparents raising grandchildren. Staff noted that two-bedroom units do not contribute to the goal of providing maximum onsite units for eligible households, but result in a greater reduction in rental income. Therefore, staff suggested providing a mix of studio and one-bedroom units as the affordable units. To assess the financial infeasibility of full compliance with the IHO, staff met with the developer and a commercial lender that has no involvement in the development or active projects in Evanston to review the financial assumptions and analysis for the project. Financial feasibility is defined by the developer as achieving an Untrended Yield on Cost (net operating income if the project were operating today divided by total project cost) of 6% to secure the debt and equity financing to construct the project. The commercial lender noted this yield would be of interest to investors given the current capital financing climate, including banks that would want a take-out lender following project completion, and noted that banks' financing decisions are based on multiple factors on a project-specific basis. The table below shows the financial feasibility of the project with three affordable housing scenarios based on 169 total units: 1) full fee-in-lieu payment of $1.7 million, 2) the alternative proposal of 17 affordable units on site that include 80% AMI units, and 3) 17 affordable units on site at 50% and 60% AMI only, per IHO requirements. The table compares the Untrended Yield on Cost and the Stabilized Yield on Cost (net operating income divided by the total project cost). 409 of 629 Untrended Yield Stabilized Yield Fee-in-lieu 6.34% 7.00% 17 units on site at 50%, 60%, & 80% AMI 6.18% 6.79% 17 units on site at 50% & 60% AMI 5.89% 6.47% As the table shows, based on the requirements of a 6% Untrended Yield on Cost, the options to pay the full fee-in-lieu or provide all 17 units onsite that include units at 80% AMI are viable. Providing 17 units on-site at 50% and 60% AMI is financially infeasible. Additional factors for consideration: Inclusionary units would be available in early or late 2020. Based on the current cost of constructing new units in Evanston’s downtown of $300,000 to $350,000, the City would not be able to develop the same number of units in the downtown with the total fee in lieu. 410 of 629 4/16/2018 22-R-18 A RESOLUTION Approving a Plat of Resubdivision for 1727 Oak Avenue WHEREAS, pursuant to Subsection 4-11-1-(B) of the Evanston City Code of 2012, as amended (the “City Code”), the City Council may approve of a plat by means of a resolution; and WHEREAS, the City intends to resubdivide the property located at 1727 Oak Avenue, Evanston, Illinois (the “Subject Property”), legally described in Exhibit A, which is attached hereto and incorporated herein by reference; and WHEREAS, the City Council hereby finds that the proposed plat complies with all applicable provisions of Title 4, Chapter 11 of the City Code, subject to certain conditions, 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: Pursuant to Title 4, Chapter 11 of the City Code, the City Council hereby approves the proposed Plat of Resubdivision, attached hereto as Exhibit B and incorporated herein by reference, subject to the following conditions: (A) The final plat of subdivision must substantially conform to the 1727 Oak Avenue Resubdivision plat prepared by B.H. Suhr & Company, Inc. dated October 26, 2017, except as such plat may be modified to conform to the City Code, Resolution, and Ordinance; 411 of 629 22-R-18 ~2~ SECTION 3: The City Manager and/or his designee(s) is/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 4: This resolution shall be in full force and effect from and after the date of its passage and approval in the manner required by law. _______________________________ Stephen H. Hagerty, Mayor Attest: ______________________________ Devon Reid, City Clerk Adopted: __________________, 2018 Approved as to form: ______________________________ Michelle L. Masoncup, Interim Corporation Counsel 412 of 629 22-R-18 ~3~ EXHIBIT A Legal Description That Part of Lots 1-6 (taken as a single tract) in Block 3 of E.A. Pratt's Addition to Evanston, being a subdivision of that part of the Southwest Quarter of the Northwest Quarter of Section 18, Township 41 North, Range 14 East of the Third Principal Meridian, lying East of Ridge Road and West of the Chicago and Northwestern Railroad, in the City of Evanston, Cook County, Illinois, described as follows: beginning at a point on the West line of said Lot 6 and the East line of Oak Avenue, 171.50 feet North of the Southwest corner of Lot 7 in said Block 3; thence East parallel to the North line of Church Street, 25.09 feet; South parallel to the East line of Oak Avenue, 6.50 feet; thence East parallel to the North line of Church Street, 122.91 feet; thence North parallel to the East line of Oak Avenue 19.50 feet; thence East parallel to the North line of Church Street, 57.51 feet to the East line of said Lot 6, being also the Westerly line of the right-of-way of the Chicago and Northwestern Railway Company; thence Northwesterly along the Easterly line of said Lots 1-6, 362.62 feet to the Northeast corner of said Lot 1; thence West 8.26 feet to the Northwest corner of said Lot 1; thence South on the East line of Oak Avenue, 317.22 feet to the place of beginning, in Cook County, Illinois. PIN(s): 11-18-123-012-0000 COMMONLY KNOWN AS: 1727 Oak Avenue, Evanston, Illinois. 413 of 629 22-R-18 ~4~ EXHIBIT B Plat of Resubdivision 414 of 629 L O T 12 P A R T O F Phone: (847) 696-4060 Fax: (847) 696-4065 Rosemont, Illinois 60018 9575 W. Higgins Road, Suite 700, JOB NO: DATE: FILENAME: SHEET OF REVISIONS: PURPOSES ONLY FOR REVIEW LISLE, IL 60532 SUITE 350 1001 WARRENVILLE ROAD KIMLEY-HORN PREPARED FOR: C HI C A G O & N O R T H WE S T E R N R AIL WA Y CHURCH STREET N OBSERVATION IL EAST ZONE TRUE NORTH BASED ON GEODETIC BASIS OF BEARINGS: LOT 1 8.35'(M) S89°21'13"E(M)OAK AVENUELOT 2HERETOFORE DEDICATED PER DOCUMENT 883170 20 SCALE 1" = 20' 40 N.T.S. N VICINITY MAP LOCATION PROJECT OAK AVENUERIDGE AVENUECHICAGO AVENUEEMERSON STREET NORT HE RN RAI L WAYCHI CAGO & LAKE STREET ELGI N ROADSTREETCLARK CHURCH STREET 10052 10052SUB-01 02/14/2018 8.26'(R) NORTHWESTERN RAILWAY COMPANY WAY OF CHICAGO AND WESTERLY LINE OF RIGHT OF 31 HERETOFORE DEDICATED FOR PUBLIC USE66'80' 1 3 5'( R) 13 5.6 1'(M) 3 6 2.5 5'(M) S3 2 °2 8'0 7 " E(M) 3 6 2.6 2'( R) FINAL PLAT 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, COOK COUNTY, ILLINOIS. BEING A SUBDIVISION OF THAT PART OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 311.14'(M) N89°30'45"W(M) S 2 9 °3 2'3 4 " E(M) 1 4 4.8 8'(M) 5.00'(M) N89°30'45"W(M)N00°28'15"E(M)171.41'317.18'EAST LINE OF OAK AVENUE488.59'(M)13.81' N89°30'45"W 25.09'N00°28'15"E6.50'N89°30'45"W 122.89'S00°28'15"W19.44'N89°30'45"W 57.51' 70.22' 3 6 2.5 5' TOTAL LOT 2 LOT 1 80,241 45,001 35,240 AREA TABLE (ALONG PROPERTY LINE) ON-LINE & 4.00'W CUT CROSS TO BE SET SET AT CORNER CUT CROSS TO BE MONUMENTS TO BE DECIDED LOCATION OF THE REQUIRED CONCRETE OAK & CHURCH SUBDIVISION 04/26/2018-NAME 1.842 1.033 0.809 SQ. FT. ACRES N:\Projects\10052\SURVEY\10052SUB-01.dgn Default User=jchristoph 415 of 629 BLOCK 3 BLOCK 3 P A R T O F L O T 1 2 AS DOCUMENT 88317 RECORDED AUGUST 12, 1873 TO EVANSTON E.A. PRATT'S ADDITION AS DOCUMENT 88317 RECORDED AUGUST 12, 1873 TO EVANSTON E.A. PRATT'S ADDITION Phone: (847) 696-4060 Fax: (847) 696-4065 Rosemont, Illinois 60018 9575 W. Higgins Road, Suite 700, JOB NO: DATE: FILENAME: SHEET OF REVISIONS: PURPOSES ONLY FOR REVIEW LISLE, IL 60532 SUITE 350 1001 WARRENVILLE ROAD KIMLEY-HORN PREPARED FOR: C HI C A G O & N O R T H WE S T E R N R AIL WA Y CHURCH STREET N OBSERVATION IL EAST ZONE TRUE NORTH BASED ON GEODETIC BASIS OF BEARINGS: LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 7 LOT 8 LOT 9 LOT 10 LOT 11 122.89'(M) N89°30'45"W(M) S00°28'15"W(M) 8.35'(M) S89°21'13"E(M) N89°30'45"W(M) 57.51'(M&R)171.50'(R)171.41'(M)125.43'(M)125'(R)125.43'(M)125'(R)125.43'(M)125'(R)125.43'(M)125'(R)113.72'(M)113'(R)230.71'(M) 229.4'(R) 198.19'(M) 197'(R) 165.66'(M) 164.5'(R) 133.13'(M) 132.1'(R) 100.61'(M) 99.7'(R) 68.08''(M) 67.3'(R)OAK AVENUE ON-LINE 0.29'S, CROSS FOUND ON-LINE 4.86'W, CROSS FOUND LINE OF OAK AVENUE PARALLEL WITH THE EAST LINE OF CHURCH STREET PARALLEL TO THE NORTH 50'(R)50.17'(M)50'(R)50.17'(M)92'(R)92.31'(M)HERETOFORE DEDICATED PER DOCUMENT 8831750'(R)50.17'(M)50'(R)50.17'(M)122.91'(R)125'(R)125.43'(M)0 20 SCALE 1" = 20' 40 N.T.S. N VICINITY MAP LOCATION PROJECT OAK AVENUERIDGE AVENUECHICAGO AVENUEEMERSON STREET NORT HE RN RAI L WAYCHI CAGO & LAKE STREET ELGI N ROADSTREETCLARK CHURCH STREET 10052 10052SUB-01 02/14/2018 FOUND CROSS AT CORNER CORNER OF LOT 1 NORTHEAST 8.26'(R)OAK AVENUEEAST LINE OF NORTHWESTERN RAILWAY COMPANY WAY OF CHICAGO AND WESTERLY LINE OF RIGHT OF 5.02'W, ON-LINE FOUND CROSS FOUND CROSS 5.01'NFOUND CROSS 5.03'N 32 HERETOFORE DEDICATED FOR PUBLIC USE66'80' 6.75'E FOUND CROSS 5.05'E FOUND CROSS 50'(R) 50.24'(M) 50'(R) 50.24'(M) 50'(R) 50.24'(M) 50'(R) 50.24'(M) 42.4'(R) 42.70'(M)20'IP AT CORNER FOUND 3/4" 36 2.62'( R) FINAL PLAT 11-18-123-012-0000 P.I.N.: 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, COOK COUNTY, ILLINOIS. BEING A SUBDIVISION OF THAT PART OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP LOT 12 PART OF BOOK 42411 PG. 382-385 PUBLIC ALLEY VACATED IN PART OF LOT 6 PART OF LOT 6 S89°30'45"E(M) 432.7 7'(M) S3 2 °28'0 7 " E(M) 362.5 5'(M) N89°30'45"W(M) CROSS 0.15'S FOUND 1 4 4.8 8'(M) S 2 9 °3 2'3 4 " E(M) N89°30'45"W(M)N00°28'15"E(M)317.22'(R)317.18'(M)488.59'(M)P A R C E L 1 E X C E P TI O N T O P A R C E L 2 P OI N T O F B E GI N NI N G O F S O U T H E A S T C O R N E R O F L O T 1 2 13.81'(M) 14.0'(R) SOUTH LINE OF LOT 12 NORTH LINE OF LOT 11 LINE OF LOT 11 NORTHEASTERLY E X C E P TI O N T O P A R C E L 2 13 5.61'(M) 135'( R) P A R C E L 2 WEST LINE OF LOT 6 CORNER OF LOT 7 SOUTHWEST LINE OF CHURCH STREET PARALLEL TO THE NORTH LINE OF OAK AVENUE PARALLEL TO THE EAST 19.44'(M) EAST LINE OF LOT 6 7 0.22'(M) 70.40'( R) 311.14'(M&R)CORNER OF LOT 1NORTHWEST BEGINNING, IN COOK COUNTY, ILLINOIS. AND THE EAST LINE OF OAK AVENUE; THENCE NORTH, 171.50 FEET TO THE PLACE OF NORTH LINE OF CHURCH STREET; 311.14 FEET TO THE SOUTHWEST CORNER OF SAID LOT 7 THEREOF; THENCE WEST ON THE SOUTH LINE OF SAID LOTS 7, 8, 9, 10, 11 AND 12 AND THE ON THE SOUTH LINE OF SAID LOT 12 WHICH IS 14.0 FEET WEST OF THE SOUTHEAST CORNER WEST ON THE NORTH LINE OF SAID LOT 11, 5.0 FEET; THENCE SOUTHEASTERLY TO A POINT EXTENDED SOUTH, 70.40 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 11; THENCE SOUTHEASTERLY ALONG THE EASTERLY LINE OF SAID LOT 6 AND SAID EASTERLY LINE THE RIGHT OF WAY OF SAID CHICAGO AND NORTHWESTERN RAILWAY COMPANY; THENCE STREET, 57.51 FEET TO THE EAST LINE OF SAID LOT 6, BEING ALSO THE WESTERLY LINE OF OF OAK AVENUE 19.50 FEET; THENCE EAST PARALLEL TO THE NORTH LINE OF CHURCH NORTH LINE OF CHURCH STREET, 122.91 FEET; THENCE NORTH PARALLEL TO THE EAST LINE PARALLEL TO THE EAST LINE OF OAK AVENUE, 6.50 FEET; THENCE EAST PARALLEL TO THE EAST PARALLEL TO THE NORTH LINE OF CHURCH STREET, 25.09 FEET; THENCE SOUTH AVENUE, 171.50 FEET NORTH OF THE SOUTHWEST CORNER OF LOT 7 IN SAID BLOCK 3; THENCE BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 6 AND THE EAST LINE OF OAK TRACT AND DESCRIBED AS FOLLOWS: COUNTY, ILLINOIS; SAID LOTS, PARTS OF LOTS AND VACATED ALLEY TAKEN AS A SINGLE WEST OF THE CHICAGO AND NORTHWESTERN RAILROAD, IN THE CITY OF EVANSTON, COOK NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EAST OF RIDGE ROAD AND OF THAT PART OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 41 BEGINNING, ALL IN BLOCK 3 OF E. A. PRATT'S ADDITION TO EVANSTON, BEING A SUBDIVISION SOUTHEASTERLY ALONG THE EASTERLY LINE OF SAID LOTS 11 AND 12 TO THE POINT OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY; THENCE 5.0 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 11, BEING ALSO THE WESTERLY LINE OF SAID LOT 11 WHICH IS 5.0 FEET WEST OF THE NORTHEASTERLY LINE THEREOF; THENCE EAST LINE OF SAID LOT, 14.0 FEET; THENCE NORTHWESTERLY TO A POINT ON THE NORTH LINE OF BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 12; THENCE WEST ALONG THE SOUTH PART OF SAID LOTS 11 AND 12 DESCRIBED AS FOLLOWS: VACATED ALLEY SOUTH OF LOT 6 AND NORTH OF LOTS 7 TO 11), EXCEPTING THEREFROM THAT THAT PART OF LOTS 6, 7, 8 ,9, 10, 11 AND 12 (INCLUDING PART OF THE EAST AND WEST PARCEL 2: THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS. CORNER OF SAID LOT 1; THENCE SOUTH ON THE EAST LINE OF OAK AVENUE, 317.22 FEET TO TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE WEST 8.26 FEET TO THE NORTHWEST NORTHWESTERLY ALONG THE EASTERLY LINE OF SAID LOTS 1, 2, 3, 4, 5, AND 6, 362.62 FEET THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY; THENCE STREET, 57.51 FEET TO THE EAST LINE OF SAID LOT 6, BEING ALSO THE WESTERLY LINE OF OF OAK AVENUE 19.50 FEET; THENCE EAST PARALLEL TO THE NORTH LINE OF CHURCH NORTH LINE OF CHURCH STREET, 122.91 FEET; THENCE NORTH PARALLEL TO THE EAST LINE PARALLEL TO THE EAST LINE OF OAK AVENUE, 6.50 FEET; THENCE EAST PARALLEL TO THE EAST PARALLEL TO THE NORTH LINE OF CHURCH STREET, 25.09 FEET; THENCE SOUTH AVENUE, 171.50 FEET NORTH OF THE SOUTHWEST CORNER OF LOT 7 IN SAID BLOCK 3; THENCE BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 6 AND THE EAST LINE OF OAK DESCRIBED AS FOLLOWS: AND NORTHWESTERN RAILROAD, IN THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, OF THE THIRD PRINCIPAL MERIDIAN, LYING EAST OF RIDGE ROAD AND WEST OF THE CHICAGO QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST PRATT'S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THAT PART OF THE SOUTHWEST THAT PART OF LOTS 1, 2, 3, 4, 5, AND 6 (TAKEN AS A SINGLE TRACT) IN BLOCK 3 OF E. A. PARCEL 1: PROPERTY DESCRIPTION: AT CORNER FOUND CROSS OAK & CHURCH SUBDIVISION 04/26/2018-NAME N00°28'15"E(M) 5.00'(M&R) 6.50'(M&R) 25.09'(M&R)19.50'(R) PARCEL 1 AND PARCEL 2 POINT OF BEGINNING OF N:\Projects\10052\SURVEY\10052SUB-01.dgn SHEET 2 User=jchristoph 416 of 629 (VALID ONLY IF EMBOSSED SEAL AFFIXED) jchristoph@spacecoinc.com LICENSE EXPIRES: 11-30-2018 JERRY P. CHRISTOPH, I.P.L.S. No. 035-3540 IN ROSEMONT, ILLINOIS. 20 DAY OF GIVEN UNDER OUR HAND AND SEAL THIS STANDARDS OF PRACTICE APPLICABLE TO BOUNDARY SURVEYS. THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS MINIMUM SET AT ALL LOT CORNERS. WE FURTHER DECLARE THAT STEEL RE-ENFORCING RODS (UNLESS OTHERWISE NOTED) WILL BE THE 0.2% ANNUAL CHANCE FLOODPLAIN AS IDENTIFIED BY SAID F.I.R.M. MAP. OPINION THAT THIS PROPERTY LIES WITHIN ZONE X (UNSHADED) - AREAS DETERMINED TO BE OUTSIDE COMMUNITY MAP NUMBER 17031C0270J DATED AUGUST 19, 2008, IT IS OUR CONSIDERED WE FURTHER DECLARE, BASED UPON A REVIEW OF THE FLOOD INSURANCE RATE MAP (F.I.R.M.) DIVISION 12 OF ARTICLE 11 OF THE ILLINOIS MUNICIPAL CODE AS AMENDED. CITY COMPREHENSIVE PLAN AND MAP AND IS EXERCISING THE SPECIAL POWERS AUTHORIZED BY WE FURTHER DECLARE THAT THE LAND IS WITHIN THE CITY OF EVANSTON WHICH HAS ADOPTED A SAID PROPERTY CONTAINS 80,241 SQUARE FEET, OR 1.842 ACRES, MORE OR LESS. AND DECIMALS THEREOF. DRAWN IS A CORRECT REPRESENTATION OF SAID SURVEY. ALL DISTANCES ARE SHOWN IN FEET INC., AN ILLINOIS PROFESSIONAL DESIGN FIRM, NUMBER 184-001157, AND THAT THE PLAT HEREON WE DECLARE THAT THE ABOVE DESCRIBED PROPERTY WAS SURVEYED AND SUBDIVIDED BY SPACECO, COUNTY OF COOK ) ) SS STATE OF ILLINOIS) CORPORATION COUNSEL, EVANSTON, ILLINOIS APPROVED THIS DAY OF A.D., 20 . COUNTY OF COOK ) ) SS STATE OF ILLINOIS) CORPORATION COUNSEL CERTIFICATE FINANCE DIRECTOR, EVANSTON, ILLINOIS DATED THIS DAY OF , A.D., 20 . BEEN APPORTIONED AGAINST THE TRACT OF LAND INCLUDED IN THIS PLAT OF SUBDIVISION, FORFEITED SPECIAL ASSESSMENTS, OR ANY DEFERRED INSTALLMENTS THEREON THAT HAVE ILLINOIS DO HEREBY CERTIFY THAT THERE ARE NO DELINQUENT OR UNPAID CURRENT OR I, FINANCE DIRECTOR OF THE CITY OF EVANSTON, COUNTY OF COOK ) ) SS STATE OF ILLINOIS) FINANCE DIRECTOR CERTIFICATE DIRECTOR OF PUBLIC WORKS, EVANSTON, ILLINOIS APPROVED THIS DAY OF , A.D., 20 . COUNTY OF COOK ) ) SS STATE OF ILLINOIS) DIRECTOR OF PUBLIC WORKS CERTIFICATE MY COMMISSION EXPIRES ON: NOTARY PUBLIC . , A.D. 20 DAY OF THIS GIVEN UNDER MY HAND AND NOTARIAL SEAL THEREIN SET FORTH. INSTRUMENT AS HIS/HER OWN FREE AND VOLUNTARY ACT, FOR THE USES AND PURPOSES ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT S/HE SIGNED AND DELIVERED THE SAME FOREGOING INSTRUMENT AS OWNER OF THE PROPERTY DESCRIBED HEREON, APPEARED BEFORE PERSONALLY KNOWN TO ME TO BE THE SAME PERSON WHOSE NAME IS SUBSCRIBED TO THE COUNTY, IN THE STATE AFORESAID, DO HEREBY CERTIFY THE I, , A NOTARY PUBLIC, IN AND FOR SAID ) COUNTY OF ) SS STATE OF ILLINOIS) NOTARY CERTIFICATE CITY CLERK, EVANSTON, ILLINOIS A.D., 20 . I SET MY HAND AND AFFIX THE CORPORATE SEAL OF SAID CITY, THIS DAY OF , MEETING HELD ON DAY OF , A.D., 20 , IN WITNESS WHEREOF, APPROVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, ILLINOIS AT A COUNTY OF COOK ) ) SS STATE OF ILLINOIS) CITY CLERK CERTIFICATE CITY COLLECTOR DATED THIS DAY OF , A.D., 20 . BEEN APPORTIONED AGAINST THE TRACT OF LAND INCLUDED IN THIS PLAT OF SUBDIVISION. FORFEITED SPECIAL ASSESSMENTS, OR ANY DEFERRED INSTALLMENTS THEREON THAT HAVE ILLINOIS, DO HEREBY CERTIFY THAT THERE ARE NO DELINQUENT OR UNPAID CURRENT OF I, , CITY COLLECTOR OF THE CITY OF EVANSTON, COUNTY OF COOK ) ) SS STATE OF ILLINOIS) CITY COLLECTOR CERTIFICATE ZONING ADMINISTRATOR, EVANSTON, ILLINOIS APPROVED THIS DAY OF , A.D., 20 . COUNTY OF COOK ) ) SS STATE OF ILLINOIS) ZONING ADMINISTRATOR CERTIFICATE COUNTY CLERK THIS DAY OF , 20 . CHICAGO, COOK COUNTY, ILLINOIS, ANY OF THE LAND INCLUDED IN THIS PLAT. GIVEN UNDER MY HAND AND SEAL IN CERTIFY THAT THERE ARE NO DELINQUENT OR UNPAID GENERAL TAXES, AGAINST I, , COUNTY CLERK OF COOK COUNTY, ILLINOIS, DO HEREBY COUNTY OF COOK ) ) SS STATE OF ILLINOIS) COOK COUNTY CLERK CERTIFICATE COOK COUNTY RECORDER A.D., 20 , AT O'CLOCK M. OFFICE OF COOK COUNTY AFORESAID ON THE DAY OF , THIS INSTRUMENT NO. WAS FILED FOR RECORD IN THE RECORDERS COUNTY OF COOK ) ) SS STATE OF ILLINOIS) RECORDER'S CERTIFICATE ADDRESS: SIGNED DATED THIS DAY OF , A.D. 20 . EVANSTON TOWNSHIP HIGH SCHOOL DISTRICT 202 AND EVANSTON/SKOKIE SCHOOL DISTRICT 65 INCLUDED HEREIN FALLS WITHIN THE FOLLOWING SCHOOL DISTRICTS: AS OWNER FURTHER CERTIFIES TO THE BEST OF THEIR KNOWLEDGE, THAT THE LAND SURVEYED FOR THE PURPOSE OF SUBDIVIDING, IT INTO TWO (2) LOTS , AS SHOWN HEREON. OF THE PROPERTY DESCRIBED HEREON, AND THAT I HAVE CAUSED THE SAME TO BE I, DO HEREBY CERTIFY THAT I AM THE TITLE OWNER OF RECORD COUNTY OF ) ) SS STATE OF ILLINOIS) OWNER'S CERTIFICATE - SCHOOL DISTRICT STATEMENT Phone: (847) 696-4060 Fax: (847) 696-4065 Rosemont, Illinois 60018 9575 W. Higgins Road, Suite 700, JOB NO: DATE: FILENAME: SHEET OF REVISIONS: PURPOSES ONLY FOR REVIEW LISLE, IL 60532 SUITE 350 1001 WARRENVILLE ROAD KIMLEY-HORN PREPARED FOR: 10052 10052SUB-01 02/14/2018 33 FINAL PLAT 11-18-123-012-0000 P.I.N.: 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, COOK COUNTY, ILLINOIS. BEING A SUBDIVISION OF THAT PART OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 04/26/2018-NAME OAK & CHURCH SUBDIVISION N:\Projects\10052\SURVEY\10052SUB-01.dgn SHEET 3 User=jchristoph 417 of 629 4/16/2018 5/4/2018 59-O-18 AN ORDINANCE Granting a Special Use Permit for a Planned Development Located at 1725-1737 Oak Avenue in the D3 Downtown Core Development District 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 ordinances and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS , Article VII, Section (6)a of the Illinois Constitution of 1970, which states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule units be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164); 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 1979, as amended, (“the Zoning Ordinance”); and 418 of 629 59-O-18 ~2~ WHEREAS, Trammell Crow Chicago Development, Inc. (the “Applicant,”), developer of the property located at 1727 Oak Avenue, Evanston, Illinois (the “Subject Property”), legally described in Exhibit A, which is attached hereto and incorporated herein by reference, applied, pursuant to the provisions of the Zoning Ordinance, specifically Section 6-3-5, “Special Uses”, Section 6-3-6, “Planned Developments”, and Subsection 6-11-1-10, “Planned Developments” in Downtown Zoning Districts, to permit the construction and operation of a Planned Development with accessory parking located at the Subject Property in the D3 Downtown Core Development Zoning District (“D3 District”); and WHEREAS, the Applicant sought approval to construct a new seventeen (17) story one hundred fifty-five (155) foot tall age-restricted, multi-family rental development that may provide operation and/or supportive services that include, but are not limited to, local transportation, valet, housekeeping, socialization events, fitness sessions, food and meals, spa, salon, cafeteria, sale of sundries for personal consumption, and similar amenities, consisting of one hundred sixty-nine (169) dwelling units, a ground floor commercial kitchen to serve the occupants, one hundred thirty-nine (139) parking spaces, and approximately 149,571 square feet of gross floor area; and WHEREAS, construction of the Planned Development, as proposed in the application, requires exception from the strict application of the Zoning Ordinance with regards to number of dwelling units per lot size, building height, front yard setback, and a fence and pergola; and WHEREAS, on February 28, 2018, the Applicant submitted revised plans seeking approval for the following: approval to construct a new seventeen (17) story one 419 of 629 59-O-18 ~3~ hundred fifty five (155) foot tall age-restricted, multi-family rental development consisting of one hundred sixty nine (169) dwelling units, with one hundred thirty nine (139) parking spaces, and approximately 149,571 square feet of gross floor area; and WHEREAS, construction of the Planned Development, as proposed in the amended application, requires exception from the strict application of the Zoning Ordinance with regards to number of dwelling units per lot size, building height, front yard setback, and one short loading berth; and WHEREAS, pursuant to Subsection 6-3-6-5 of the Zoning Ordinance, the City Council may grant Site Development Allowances to the normal district regulations established in the Zoning Ordinance; and WHEREAS, on March 14, 2018 and April 11, 2018, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.) and the Zoning Ordinance, the Plan Commission held a public hearing on the amended application for a Special Use Permit for a Planned Development, case no. 18PLND-0005, heard extensive testimony and public comment, received other evidence, and made written minutes, findings, and recommendations; and WHEREAS, the Plan Commission’s written findings state that the amended application for the proposed Planned Development meets applicable standards set forth for Special Uses in Subsection 6-3-5-10 of the Zoning Ordinance and Planned Developments in the D3 Zoning District per Subsection 6-11-1-10 of the Zoning Ordinance; and WHEREAS, the Plan Commission recommended the City Council approve the amended application with conditions; and 420 of 629 59-O-18 ~4~ WHEREAS, on May 3, 2018, the Applicant submitted revised plans seeking approval for the following: approval to construct a new seventeen (17) story one hundred fifty-five (155) foot tall age-restricted, multi-family rental development consisting of one hundred sixty nine (169) dwelling units, with one hundred thirty-six (136) parking spaces, and approximately 156,189 square feet of gross floor area; and WHEREAS, on May 14, 2018, the Planning and Development (“P&D”) Committee of the City Council held a meeting, in compliance with the provisions of the Open Meetings Act and the Zoning Ordinance, received input from the public, carefully considered and adopted the findings and recommendations of the Plan Commission, and recommended approval thereof by the City Council; and WHEREAS, at its meetings of May 14, 2018 and May 29, 2018, held in compliance with the Open Meetings Act and the Zoning Ordinance, the City Council considered the recommendation of the P&D Committee, the Applicant’s amended application dated February 28, 2018 , received additional public comment, made certain findings, and adopted said recommendation; and WHEREAS, it is well-settled law that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747 (1991)) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124 (7th Cir. 1995)), 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 facts and incorporated herein by reference. 421 of 629 59-O-18 ~5~ SECTION 2: Pursuant to the terms and conditions of this ordinance, the City Council hereby grants the Special Use Permit applied for in case no. 18PLND- 0005, to allow construction and operation of the Planned Development described herein. SECTION 3: The City Council hereby grants the following Site Development Allowances: (A) Number of Dwelling Units Per Lot Size: A Site Development Allowance is hereby granted for one hundred sixty nine (169) dwelling units, whereas subsection 6-11-4-4 of the Zoning Ordinance allows a maximum of one hundred seventeen (117) dwelling units for a lot sized at 35,240 sq. ft. in the D3 District. (B) Building Height: A Site Development Allowance is hereby granted for an approximately one hundred fifty-five (155) foot maximum building height, excluding the height of twenty-one (21) feet of parking levels per subsection 6- 11-4-8, whereas subsection 6-11-4-8 of the Zoning Ordinance requires a maximum allowed building height of eighty-five (85) feet in the D3 District, with Subsection 6-11-1-10(C)(1) allowing for an additional eighty five (85) feet of height in the D3 District as a site development allowance. (C) Front Yard Setback: A Site Development Allowance is hereby granted permitting a front yard setback of zero (0) feet from the Subject Property line for the second and third floor of the proposed development, whereas subsection 6- 11-4-7(A) of the Zoning Ordinance requires a minimum of a three and a half (3.5) foot front yard setback from the Subject Property line for the second and third floor of the proposed development in the D3 District. (D) Loading Berth: A Site Development Allowance is hereby granted permitting one (1) short loading berth on the Subject Property, whereas subsection 6-16-5 of the Zoning Ordinance requires a minimum of two (2) short loading berths on the Subject Property in the D3 District. SECTION 4: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council imposes the following conditions on the Special Use Permit granted hereby, which 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: 422 of 629 59-O-18 ~6~ (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 terms of this ordinance; the Site and Landscape Plans in Exhibits B and C, attached hereto and incorporated herein by reference; all applicable legislation; the Applicant’s testimony and representations to the Design and Project Review Committee, the Plan Commission, the P&D Committee, and the City Council; and the approved documents on file in this case. (B) Construction Management Plan: The Applicant shall sign and agree to a Construction Management Plan (CMP) with the City of Evanston prior to issuance of the Building Permit. The CMP shall include but is not limited to the following: construction phasing/staging plans; construction hours; site access including traffic and pedestrian safety plans; contractor parking; damage control and vibration monitoring; construction exhibits; project communication and signage. (C) Changes in Building Use: Any material changes in the use of the building on the Subject Property beyond the documents and testimony on record must be approved as an amendment to this Planned Development. (D) On-Street Parking Pay Boxes: The Applicant agrees to make a one-time contribution to the City of Evanston in the amount of seventeen thousand dollars ($17,000.00) to pay for the installation of two additional on-street parking pay boxes, as well as the cost of lost meter revenue directly related to the construction of the building on the Subject Property at a rate of seventy-five dollars ($75.00) per parking space per month. (E) Traffic Study: Within one year of the issuance of the Final Certificate of Occupancy for the building, the Applicant must submit a traffic study analyzing any traffic incidents adjacent to the Subject Property, at the intersection of Church St. and Oak Ave., and at the curve from Oak Ave. to Clark St. Upon review of the applicant’s submitted traffic study, the City reserves the right to restrict movement in or out of the site or require additional traffic calming and pedestrian safety measures. (F) Remedial Action Plan Approval: Prior to issuance of the Final Certificate of Occupancy, the Applicant must provide evidence that a Remedial Action Plan has been approved by the Illinois Environmental Protection Agency and completed by the Applicant. (G) Affordable Housing Units: The Applicant shall provide seventeen (17) units of on-site affordable housing for the following twenty-five (25) years in accordance with the approved equivalent alternative inclusionary housing proposal, which provides that affordable studio and 1-bedroom units are interchangeable by Applicant (i.e., allows for a mix of studio units and 1-bedroom units, all studio units, or all 1-bedroom units). The affordable units shall be affordable to households earning no more than the following area median income (AMI): four 423 of 629 59-O-18 ~7~ (4) units must be affordable at fifty percent (50%) AMI, five (5) units must be affordable at sixty percent (60%) AMI and eight (8) units must be affordable at eighty percent (80%) AMI. (H) Deliveries: On-site building management is responsible for ensuring that all delivery and moving trucks exclusively utilize the one (1) provided on-site loading berth in a timely manner so that at no time is one truck waiting on the street for the loading berth to become available. (I) On-Site Public Dog Park: Applicant agrees to create a publicly accessible public dog park to be maintained by on-site building management. Dog refuse pickup bags and refuse containers shall be available for public use within the dog park at all times. All users of the dog park must have their dogs licensed in Evanston. (J) Transit Tracker: The Applicant agrees to install a Transit Tracker Display Board or like system as information/technology changes within the building’s lobby area and visible from the adjacent sidewalk in perpetuity. (K) Streetscaping: Applicant must install and maintain the streetscaping improvements including bike racks, wayfinding signage, curb extension, street trees, and landscaping, as depicted in Exhibit C. (L) Church Street Bike Lane: The Applicant shall be responsible for repainting the protected bike lane on Church Street between Oak Avenue and Maple Avenue. (M) Pedestrian Countdown Timers: The Applicant agrees to make a one-time contribution to the City of Evanston in the amount of fifteen thousand dollars ($15,000.00) to be utilized for the installation of pedestrian countdown timers at Ridge Avenue and Church Street when the City conducts its traffic light update. (N) Oak Avenue Crosswalk: The Applicant shall make improvements to the midblock crosswalk on Oak Avenue, including curb extensions, restriping, and additional signage as presented in the development plans. (O) Recordation: 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 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s tenants, agents, assigns, and successors in interest.” 424 of 629 59-O-18 ~8~ 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. Introduced:_________________, 2018 Adopted:___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _____________________________ Devon Reid, City Clerk Approved as to form: _______________________________ Michelle L. Masoncup, Interim Corporation Counsel 425 of 629 59-O-18 ~9~ EXHIBIT A Legal Description THAT PART OF LOTS 1-6 (TAKEN AS A SINGLE TRACT) IN BLOCK 3 OF E.A. PRATT'S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THAT PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EAST OF RIDGE ROAD AND WEST OF THE CHICAGO AND NORTHWESTERN RAILROAD, IN THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 6 AND THE EAST LINE OF OAK AVENUE, 171.50 FEET NORTH OF THE SOUTHWEST CORNER OF LOT 7 IN SAID BLOCK 3; THENCE EAST PARALLEL TO THE NORTH LINE OF CHURCH STREET, 25.09 FEET; SOUTH PARALLEL TO THE EAST LINE OF OAK AVENUE, 6.50 FEET; THENCE EAST PARALLEL TO THE NORTH LINE OF CHURCH STREET, 122.91 FEET; THENCE NORTH PARALLEL TO THE EAST LINE OF OAK AVENUE 19.50 FEET; THENCE EAST PARALLEL TO THE NORTH LINE OF CHURCH STREET, 57.51 FEET TO THE EAST LINE OF SAID LOT 6, BEING ALSO THE WESTERLY LINE OF THE RIGHT- OF-WAY OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY; THENCE NORTHWESTERLY ALONG THE EASTERLY LINE OF SAID LOTS 1-6, 362.62 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE WEST 8.26 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH ON THE EAST LINE OF OAK AVENUE, 317.22 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS. PINs: 11-18-123-012-0000 COMMONLY KNOWN AS: 1727 Oak Avenue, Evanston, IL (approx. 35,240 sq. ft.) 426 of 629 59-O-18 ~10~ EXHIBIT B Development Plans 427 of 629 1 May 3, 2018 FLOOR PLANS 1/32”=1’-0” SCALE STREET LEVEL 844 SF Core 479 SF Elec 339 SF Water 503 SF Trash 6,466 SF Parking 587 SF Bike 395 SF Dog Wash 1,001 SF Kitchen 1,409 SF Dining 944 SF Dining 541 SF Bar/Bistro 956 SF Lobby/Lounge 198 SF Package Storage 505 SF Restrooms 816 SF Offices 468 SF Circulation 581 SF Mail 230 SF Core 1,410 SF Circulation 210 SF Amenity 920 SF Salon 1,256 SF Loading 146 SF Core 565 SF Dog Run 146 SF Data 367 SF MEP Ram pUp ToParkingLevelsTransformersOak AvenueParking Entry R ailr o a d 5% Slope Up 3'-6" Setback from Property Line Turn around space Bike Racks Low Wall Roof Above Pergola roof (above) Fenced Dog Park Dog Park Public Access Resident Access Generator 29' - 0"3' - 0"24' - 1"3' - 6"14' - 7"6' - 6"43' - 2"5' - 2"5' - 2"428 of 629 2 May 3, 2018 FLOOR PLANS LEVEL 2 293 SF Core 310 SF Core 660 SF Core 23,370 SF Parking 24' - 0"24' - 0"24' - 0"62' - 3"Outline of Building Above 1/32”=1’-0” SCALE 429 of 629 3 May 3, 2018 FLOOR PLANS LEVEL 3 293 SF Core 310 SF Core 660 SF Core 22,511 SF Parking Area Calculated in Level 2 24' - 0"24' - 0"24' - 0" 1/32”=1’-0” SCALE 430 of 629 4 May 3, 2018 FLOOR PLANS LEVELS 4-16 1,156 SF 2 BR 736 SF 1 BR 736 SF 1 BR 1,155 SF 2 BR 661 SF 1 BR 999 SF 1 BR + DEN 837 SF 1 BR 595 SF 1 BR 574 SF ALCOVE 733 SF 1 BR 749 SF 1 BR 564 SF ALCOVE 1,247 SF 2 BR 259 SF Core 520 SF Core 128 SF Trash 16 SF MEP 761 SF Circ 71 SF Balcony 59 SF Balcony 59 SF Balcony 59 SF Balcony 54 SF Balcony 97 SF Balcony 50 SF Balcony 50 SF Balcony 100 SF Balcony 124 SF Balcony 97 SF MEP 29 SF MEP 162 SF Elev Lobby136' - 6"24' - 3"15' - 11"13' - 11" 14' - 3"74' - 4"1/32”=1’-0” SCALE 431 of 629 5 May 3, 2018 FLOOR PLANS LEVEL 17 841 SF Open Mech Enclosure 1,139 SF Fitness 907 SF Group Fitness 1,316 SF Club Room 1,026 SF Circulation 160 SF Elev Lobby 184 SF MEP 128 SF Trash 1,004 SF Amenity 915 SF Restrooms 717 SF Pool 180 SF Spa 206 SF Core 249 SF Core 242 SF Core 4,027 SF Open-Air Terrace 1/32”=1’-0” SCALE 432 of 629 6EVANSTON ACTIVE ADULT APARTMENTS May 3, 2018 EXTERIOR BUILDING IMAGE433 of 629 7EVANSTON ACTIVE ADULT APARTMENTS May 3, 2018 EXTERIOR BUILDING IMAGE434 of 629 8EVANSTON ACTIVE ADULT APARTMENTS May 3, 2018 EXTERIOR BUILDING IMAGE435 of 629 9EVANSTON ACTIVE ADULT APARTMENTS May 3, 2018 EXTERIOR BUILDING IMAGE436 of 629 10EVANSTON ACTIVE ADULT APARTMENTS May 3, 2018 EXTERIOR BUILDING IMAGE437 of 629 11EVANSTON ACTIVE ADULT APARTMENTS May 3, 2018 EXTERIOR BUILDING IMAGE Architectural Metal Panel (Parking Ramp Screening): Preferred material includes vertical placement, perforation, corrugated shape, color gradation Panel: zoomed-out view Panel: zoomed-out view from below 438 of 629 12EVANSTON ACTIVE ADULT APARTMENTS May 3, 2018 EXTERIOR BUILDING IMAGE Architectural Metal Panel (Parking Ramp Screening): Preferred material includes vertical placement, perforation, corrugated shape, color gradation Panel: zoomed-out view Panel: zoomed-in view 439 of 629 13EVANSTON ACTIVE ADULT APARTMENTS May 3, 2018 EXTERIOR BUILDING IMAGE Dog Park: Pergola — steel and treated wood Fence — steel Dog Park Rendering Dog Park Rendering 12’-0”PERGOLA: 5’-0”FENCE: 440 of 629 14EVANSTON ACTIVE ADULT APARTMENTS May 3, 2018 36’ INCLUDES 12’ OF HEIGHT ABOVE GREEN ROOF FACADE ZONE 1 FACADE ZONE 1 PORTION OF LEVEL 5TOP OF LEVEL 4 BOTTOM OF LEVEL 1 BIRD COLLISION DETERRENCE FACADE ZONE 1 BIRD SAFETY (to be most visible to birds) GREEN ROOF ROOF TERRACE 441 of 629 15EVANSTON ACTIVE ADULT APARTMENTS May 3, 2018 BIRD SAFETY Balconies will incorporate interruptions between glass sheets (to be metal framed)5th-level balconies: glass will include fritting pattern similar to above image Metal screening at parking levels will not have shiny finish (to be matte finish) Glazing at building corners will incorporate metal mullions Green roof not to contain taller trees nor shrubs which correlate with more bird collisions (credit: ABC Bird-Friendly Building Design) 442 of 629 16EVANSTON ACTIVE ADULT APARTMENTS May 3, 2018 NORTH ELEVATION FACE BRICK PRE‐FINISHED ALUMINUM WINDOW WALL SYSTEM PRE‐FINISHED COMPOSITE METAL PANEL GLASS RAILING PREFINISHED PERFORATED METAL PANEL IN CORRUGATED SHAPE PRE‐FINISHED COMPOSITE METAL PANEL PRE‐FINISHED COMPOSITE METAL PANEL 443 of 629 17EVANSTON ACTIVE ADULT APARTMENTS May 3, 2018 FACE BRICK PREFINISHED COMPOSITE METAL PANEL EXTERIOR HIGH PRESSURE LAMINATED PANEL ‐ WOOD GRAIN GLASS RAILING PREFINISHED COMPOSITE METAL PANEL PREFINISHED PERFORATED METAL PANEL IN CORRUGATED SHAPE FROSTED GLASS GARAGE DOOR SOUTH ELEVATION Frosted Glass Garage Door (at Parking & Loading entries): 444 of 629 18EVANSTON ACTIVE ADULT APARTMENTS May 3, 2018 EAST ELEVATION FACE BRICK PRE‐FINISHED ALUMINUM WINDOW WALL SYSTEM GLASS RAILING PREFINISHED PERFORATED METAL PANEL IN CORRUGATED SHAPE PRE‐FINISHED COMPOSITE METAL PANEL PRE‐FINISHED COMPOSITE METAL PANEL PRE‐FINISHED COMPOSITE METAL PANEL 445 of 629 19EVANSTON ACTIVE ADULT APARTMENTS May 3, 2018 WEST ELEVATION PRE‐FINISHED ALUMINUM WINDOW WALL SYSTEM PRE‐FINISHED COMPOSITE METAL PANEL GLASS RAILING PRE‐FINISHED COMPOSITE METAL PANEL PREFINISHED PERFORATED METAL PANEL IN CORRUGATED SHAPE HIGH PRESSURE LAMINATED PANEL ‐ WOOD GRAIN PREFINISHED ALUMINUM WINDOW WALL SYSTEM TRANSPARENT GLASS TRANSPARENT GLASS 446 of 629 20EVANSTON ACTIVE ADULT APARTMENTS May 3, 2018 HEIGHT COMPARISON NOTE: SURROUNDING AREA BUILDING HEIGHTS MEASURED FROM GOOGLE EARTH PRO*TO TOP OF ROOF OF 17TH STORY 259’ 176’ * 106’ 169’ 60’113’104’ 88’88’ 74’ 90’ 59’51’ 447 of 629 21EVANSTON ACTIVE ADULT APARTMENTS May 3, 2018 CONTEXT SECTION: NORTH-SOUTH 1EVANSTON ACTIVE ADULT APARTMENTS April 11, 2018 CONTEXT SECTION: NORTH-SOUTH SCALE: 1”=50’ 12345678106’120’ 82’ 169’ 58’ 72’ CHURCH ST NOTE: SURROUNDING AREA BUILDING HEIGHTS MEASURED FROM GOOGLE EARTH PRO 46’PORTION OF EXISTING BUILDING IN FOREGROUND 1640 & 1642 MAPLE AVE 1020 CHURCH ST1633 OAK AVE 1007 CHURCH ST1727 OAK AVE 1720 MAPLE AVE 176’(to top of level 17 roof) 259’ 1 34567 1314151617 101112 89 2 189’(to top of stair roof) 448 of 629 22EVANSTON ACTIVE ADULT APARTMENTS May 3, 2018 PROJECT METRICS Uses Total GSF Off-street Hallways / Elevator Mechanical / Retail Dog Park Res Terraces Green Lobby or Res DUs Efficiency Parking/ Stairs / Lobbies Accessory /Pergola GSF GSF* Roof GSF* Amenity Net RSF Loading Elevator Trash GSF Standard ADA Compact Tandem Surface Level 1 Multiple 22,282 8,309 3,098 1,834 920 565 7,556 11 1 1 10 Level 2 Parking 24,633 23,370 1,263 45 4 7 2 Level 3 Parking 23,774 22,511 1,263 47 6 2 Level 4 Residential 12,672 1,518 162 170 12,672 728 11,882 10,984 13 86.7% Level 5 Residential 12,676 1,518 162 170 12,676 728 10,988 13 86.7% Level 6 Residential 12,676 1,518 162 170 12,676 728 10,988 13 86.7% Level 7 Residential 12,672 1,518 162 170 12,672 728 10,984 13 86.7% Level 8 Residential 12,672 1,518 162 170 12,672 728 10,984 13 86.7% Level 9 Residential 12,676 1,518 162 170 12,676 728 10,988 13 86.7% Level 10 Residential 12,676 1,518 162 170 12,676 728 10,988 13 86.7% Level 11 Residential 12,672 1,518 162 170 12,672 728 10,984 13 86.7% Level 12 Residential 12,672 1,518 162 170 12,672 728 10,984 13 86.7% Level 13 Residential 12,676 1,518 162 170 12,676 728 10,988 13 86.7% Level 14 Residential 12,676 1,518 162 170 12,676 728 10,988 13 86.7% Level 15 Residential 12,672 1,518 162 170 12,672 728 10,984 13 86.7% Level 16 Residential 12,672 1,518 162 170 12,672 728 10,984 13 86.7% Level 17 Amenity 6,849 1,359 162 1,158 4,903 5,392 Total 242,298 54,190 26,717 2,268 5,202 920 565 164,760 14,367 11,882 12,948 142,816 169 86.7% 103 5 14 4 10 136 122 Parcel Area:35,240 SF 156,189 FAR (Total GSF excluding Off-street Parking/Loading, Hallways/Elev/Stairs, Mech/Accessory/Trash):4.43 Avg RSF per Unit:845 SF *Outdoor terrace and green roof numbers not included in total GSF Level Studio Alcove SM 1 BR M 1 BR LG 1 BR 2 BR LG 2 BR Beds Total DUs Level 4 2 2 3 2 2 1 17 13 Level 5 2 2 3 2 2 1 17 13 Level 6 2 2 3 2 2 1 17 13 Level 7 2 2 3 2 2 1 17 13 Level 8 2 2 3 2 2 1 17 13 Level 9 2 2 3 2 2 1 17 13 Level 10 2 2 3 2 2 1 17 13 Level 11 2 2 3 2 2 1 17 13 Level 12 2 2 3 2 2 1 17 13 Level 13 2 2 3 2 2 1 17 13 Level 14 2 2 3 2 2 1 17 13 Level 15 2 2 3 2 2 1 17 13 Level 16 2 2 3 2 2 1 17 13 Total 26 26 39 26 26 13 221 169 %15%15%23%15%15%8%100% Ave Size 569 650 731 764 1144 1245 818 Range 569 614-686 730-732 750-778 1085-1202 1245 1 1 1 Area Summary Trammell Crow Evanston AA Unit Distribution Summary Parking Total Parking Spaces Total Parking Spaces that meet City's space dimensions 13 8% 1000 1000 1 BR DEN / SM 2 BR 1 1 1 1 1 1 1 1 1 1 449 of 629 DRAFT- NOT APPROVED Page 1 of 6 Plan Commission Minutes 4/11/18 MEETING MINUTES PLAN COMMISSION Wednesday, April 11, 2018 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, James C. Lytle Council Chambers Members Present: Colby Lewis (Chair), Terri Dubin, Carol Goddard, George Halik, Peter Isaac, Andrew Pigozzi, Jolene Saul Members Absent: Patrick Brown, Simon Belisle Staff Present: Melissa Klotz, Zoning Planner Scott Mangum, Planning and Zoning Administrator Mario Treto, Assistant City Attorney Presiding Member: Colby Lewis, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Lewis called the meeting to order at 7:02 P.M. 2. APPROVAL OF MEETING MINUTES: March 14, 2018 Commissioner Dubin made a motion to approve the minutes from March 14, 2018 as edited. Commissioner Goddard seconded the motion. A voice vote was taken and the minutes were unanimously approved, 7-0. 3. OLD BUSINESS A. PLANNED DEVELOPMENT 18PLND-0005 1727 Oak Avenue Trammell Crow Company, developer, proposes to construct a 17-story active adult, age restricted, multi-family rental development with 169 units and 139 parking spaces in the D3 Downtown Core Development District. The applicant seeks site development allowances for: 1) number of dwelling units (169 where 117 allowed); 2) building height (155 feet where 170 feet allowed as a site development allowance); 3) front yard setback (1 foot where a minimum of 3 feet required); and 4) loading (1 short berth where 2 short berths required). Ms. Klotz presented a brief overview of updates to the proposed planned development. 450 of 629 DRAFT- NOT APPROVED Page 2 of 6 Plan Commission Minutes 4/11/18 Johnny Carlson explained the details of the updated proposal, clarifying the building is age-restricted in accordance with Fair Housing regulations with every unit being occupied by at least one person 55 years of age or older. He also stated that the Development adds additional street parking and removes a curb cut. The parking provided is in excess of the minimum code requirement. Leah Riley, ADA Specialist, added that 2 ADA spaces will be added on the street, plus ADA curb ramps, the midblock crosswalk will be shortened and restriped and additional signage will be added. She continued, stating that the entire building will be in full compliance with all ADA codes. There will be a power operated door at the building entrance and an indoor accessible bicycle parking and maneuvering space. There will also be extra wide doors and corridors that fit stretchers, built-in seats and grab bars in showers, and an ADA accessible rooftop pool. Luay Aboona, KLOA Traffic Consultant, added that enhancement of Oak/Clark three- way intersection (to be done by 1815 Ridge/Oak development) will connect crosswalks to the north end of the 1727 Oak development. Additionally, a speed study was done by the City for 1 week to measure the speed of traffic. Results show there is no speeding problem occurring on the block with existing conditions. Average speeds were 13 and 14 mph. The 85% speed (typically used) was 21 mph, still below the speed limit. Mr. Aboona also explained vehicular use of an age restricted building compared to other uses that are allowed to show a much lower vehicular demand from an age-restricted building. Aaron Roseth, ESG Architects, stated that based on feedback from the previous meeting and the community, architectural details were refined to show a modern style building with playful fenestration and a strong podium. He also clarified that the stairwell to the roof was added per code requirement. Johnny Carlson then compared the building height to surrounding buildings, noting 88’ height of the Sienna development, 120’ Shand Morahan building, and 259’ building across the tracks on Maple Ave. He then emphasized that the proposed building does not max out height (max 268.5’ allowed Site Development Allowance) nor does it max out height described in the downtown plan. Shadow studies were shown for all seasons, animating an 8 hour day for each. Chair Lewis then opened up the hearing for public comment. 21 people spoke which included the following comments: ● Clarification on whether or not the street will be narrowed to shorten the crosswalk? Mr. Aboona responded no, not to vehicular traffic. 451 of 629 DRAFT- NOT APPROVED Page 3 of 6 Plan Commission Minutes 4/11/18 ● If consideration been given to reducing the allowances based on community input. Mr. Roseth responded architectural issues were addressed based on community input. ● How many units will have a roll-in shower so residents can age in place? Ms. Riley responded the entire building will be ADA compliant and many units have bathtubs instead. Some units have transfer showers, and all showers have shower seats and grab bars. Many of these are enhancements beyond code requirements ● Concern that this building will obstruct the view from across the street and add more traffic, making it difficult to bike around the area and add to general bike and pedestrian safety. ● Concerns about the speed study. Since there were big blinking signs, that would affect the vehicle speeds. Officer Napier responded the speed was evaluated first, and the sign was put up after the study, which is typically done when there are questions of excessive speed. ● Concerns that the intersection of Ridge/Green Bay/Emerson was not analyzed as part of the applicant’s study. ● Commissioner Dubin interjected and stated it would be best to fix the Oak curve to make it a true 90 degree corner, and asked if the City has considered that. Ms. Klotz responded she was not aware of any discussion to modify the curve, and it would likely be difficult to do so given the existing structures in the area. ● A presentation was given by Philip Crihfield, 1720 Oak, on behalf of 18 concerned Sienna condo owners: o Approximately 20% of Sienna population is physically and developmentally disabled. o Proposal is twice the height of Sienna. o Average height of all buildings west of the track is 100’. East of the tracks the buildings are taller with an average of 134’. o There is not enough on-street parking already, so this building will make it worse. o Developer was asked to add more parking underground but declined. o Building is too large, too intense, will overwhelm the area, and create safety hazards. ● Questions regarding whether or not the Inclusionary Housing Ordinance is being followed for size, rate, number, Code says 50-60% AMI rates. A representative from Interfaith Action and Joining Forces stated he was pleased 10% of the units will be affordable, however, of those units really need to be at 50% AMI and the other half at 60% AMI. If we want people to age in place then we need more 2 bedroom units to house a caregiver. ● Concerns over how the proposed project will impact Mt. Zion church. Questions included: Were any traffic studies done on Sundays when parishioners were present? 1815 Oak will be close, and now 1727 Oak close by in the other direction. Will there be other uses in the building such as a restaurant, hotel, 452 of 629 DRAFT- NOT APPROVED Page 4 of 6 Plan Commission Minutes 4/11/18 etc.? Will street parking become parallel? Is the dog park entirely on 1727 Oak property? ● Delores Holmes, former alderman stated that good communication makes great neighbors. As a member of Mt. Zion church, she had the questions regarding: will parking change on Clark St, dog park location, and public benefits. ● Developer has stated underground parking is not an option due to the water table, but surrounding buildings have underground parking. The stormwater management calculation has 6 square feet to spare, so it did not take into account changing climate. Mr. Carlson stated that the water table fluctuates from property to property - on this site it is at 6-8’.so it is not feasible to put parking underground. ● Concern that the architect/firm is not licensed in Illinois, per the IDPR. Project needs to do full appraisals of surrounding properties to determine if values will be affected by the development. Project is noncompliant with Fair Housing laws. Submitted evidence. ● Ann Sychon, Executive Director of Center for Independent Futures, which owns a condo at 1740 Oak - increased density and traffic will affect the quality of life for many residents of Sienna. Parking for supportive staff is already not enough. With 1815 Oak/Ridge and this project, that is 323 more units but only 206 parking spaces. More parking is needed. Additionally, there are residents with special needs who are still able to drive and work. There is some concern for their safety. ● General opinion and public statements that the building is a bad idea. Mr. Carlson responded to several items, providing the following additional information after public testimony: ● The project architect is licensed and perhaps the search for architect was for ESG and not the full name (Elness Swenson Graham Architects). ● Stormwater calculations will meet LEED Silver requirement. ● Both staff and the development team have tried to contact and notice residents multiple times in a variety of ways. Will continue to reach out in various ways and would like to meet with Mt. Zion. ● Street will not be narrowed - only at the crosswalk section and not impacting vehicular lanes. On street parking will be angled stalls. ● The proposed dog park is completely on private property, and will follow City licensing/permitting dog park requirements. ● There are 2-bedroom units, as well as varying sized studio and 1-bedroom units. 15% are small 2 bedrooms and 8% are large 2 bedrooms. The average unit size is 818 sq. ft. ● Originally proposed to pay fee in lieu for affordable housing but worked with the City to find an alternative that is better for the community and have now agreed to put all 17 affordable units on-site with modified AMIs and unit sizes. All 17 units at 50 and 60% AMI is not economically feasible. Instead, half of the 17 units will be at 50 and 60% AMI and the other half will be at 80% AMI. 453 of 629 DRAFT- NOT APPROVED Page 5 of 6 Plan Commission Minutes 4/11/18 The Commission then entered deliberation. Comments included the following: Commissioner Halik stated that the proposed use, density and height are appropriate. This is close to downtown, and we want to encourage a walkable community. Traffic won’t be as much of an issue since it is an age restricted bui lding in a walkable area with nearby public transportation. There is never enough street parking no matter what buildings and uses are there. Evanston has great architecture; however, the “playful architecture” is not good enough for Evanston and seems ch aotic. If the project is recommended for approval, it should be conditioned on a different facade. Chair Lewis asked if the development fits with the 2009 Downtown Plan, and Ms. Klotz responded yes, the use is appropriate and encourages walkability that is beneficial to other uses in the area. The bulk and height are within the Downtown Plan that calls for a 15-18 story building in that area which is specifically west of the train tracks. Commissioner Isaac noted the project meets the requirements and guidelines of the Plan Commission. Parking is a concern in the area already. Chair Lewis noted existing parking conditions are not the fault of the developer, though their project should not exacerbate bad conditions. Commissioner Isaac stated the Metra tracks at Oak and Clark block pedestrian access to parking right on the other side (farmers market location and the Maple St garage). A structural fix that is well beyond the scope of what this or another developer could do would help the parking situation dramatically by creating a pedestrian tunnel to connect the area to the underutilized parking. Commissioner Dubin asked if Sienna residents and caregivers could get discounted parking passes for the parking garage to alleviate some parking concerns. Commissioner Saul encouraged more community outreach beyond notices, which don’t always work. Commissioner Pigozzi stated this is the right development for this property. There is no compelling evidence that the development would make the area less safe or less habitable, and the development may even improve the area/traffic/parking. Appreciate the effort to mitigate bird deaths, and like the design of the balconies on the building. Commissioner Goddard stated it is a good use of the site. Big concern is the timing of construction with two large buildings being constructed in the area at the same time, and hopes staff can work out the best construction plan that minimally impacts others. 454 of 629 DRAFT- NOT APPROVED Page 6 of 6 Plan Commission Minutes 4/11/18 Chair Lewis agreed this is a good development for the site. It is not the burden of this developer to fix other problems that exist to the neighborhood. Truck traffic is a problem, but this development does not add to that problem. Mr. Mangum summarized the 4 site development allowances requested. Commissioner Halik motioned to recommend approval of the project with listed staff conditions as well as an added condition that the developer work with members of the appropriate City Committee on facade improvements. The motion was seconded by Commissioner Pigozzi. Mr. Mangum noted the project could undergo design modifications that DAPR could review and approve and noted a Construction Management Plan is one of the conditions listed, which can incorporate a coordinated effort with the 1815 Oak/Ridge construction. Ayes: Dubin, Halik, Isaac, Pigozzi, Saul, Lewis Nays: Goddard Recommendation for approval with staff conditions and 1 additional condition as noted. Alderman Braithwaite, spoke to residents thanking them for their patience and apologizing to Mt. Zion Church regarding the lack of communication. He then requested that additional community meeting take place. 4. OTHER BUSINESS There was no other business. 5. PUBLIC COMMENT There was no public comment. 6. ADJOURNMENT Commissioner Goddard made a motion to adjourn the meeting. Commissioner Pigozzi seconded the motion. A voice vote was taken and the motion was approved by voice call 7-0. The meeting was adjourned at 9:16 pm. Respectfully Submitted, Meagan Jones Neighborhood and Land Use Planner Community Development Department 455 of 629 APPROVED Page 1 of 7 Plan Commission Minutes 3/14/18 Chair Lewis MEETING MINUTES PLAN COMMISSION Wednesday, March 14, 2018 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, James C. Lytle Council Chambers Members Present: Colby Lewis (Chair), Patrick Brown, Terri Dubin, Carol Goddard, George Halik, Peter Isaac, Andrew Pigozzi, Jolene Saul Members Absent: Simon Belisle Staff Present: Melissa Klotz, Zoning Planner Scott Mangum, Planning and Zoning Administrator Mario Treto, Assistant City Attorney Presiding Member: Colby Lewis, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Lewis called the meeting to order at 7:00 P.M. 2. APPROVAL OF MEETING MINUTES: February 21, 2018 Chair Lewis provided a minor edit to the minutes. Commissioner Pigozzi made a motion to approve the minutes from February 21, 2018, 2018 as edited. Commissioner Saul seconded the motion. A voice vote was taken and the minutes were unanimously approved with the minor edit, 8-0. 3. NEW BUSINESS A. PLANNED DEVELOPMENT 18PLND-0005 1727 Oak Avenue Trammell Crow Company, developer, proposes to construct a 17-story active adult, age restricted, multi-family rental development with 169 units and 139 parking spaces in the D3 Downtown Core Development District. The applicant seeks site development allowances for: 1) number of dwelling units (169 where 117 allowed); 2) building height (155 feet where 170 feet allowed as a site development allowance); 3) front yard setback (1 foot where a minimum of 3 feet required); and 4) loading (1 short berth where 2 short berths required). Ms. Klotz presented a brief background on the proposed planned development. She 456 of 629 APPROVED Page 2 of 7 Plan Commission Minutes 3/14/18 provided general development characteristics, proposed public benefits and the staff recommendations and suggested conditions for approval. Katie Janke-Dale, attorney for the developer, stated that the development team is in agreement with the recommendations provided and welcomed questions and feedback from the Commission. Johnny Carlson, representative for the developer, described development team and concept, requested allowances, public benefits. The building will be for Active Adults with age restricted to 55 years and older. He mentioned changes to the plans regarding loading and parking as well as affordable housing units being provided on site. Aaron Roseth, architect for the developer, described floor plans, site plan, renderings, materials, bird-friendly measures, stairwell additional 12 feet. Chair Lewis stated that a request for continuance had been submitted from a resident living within 1,000 feet of the subject property. The Commission would entertain granting the continuance with the hearing being continued to April 11, 2018 after additional public comment is received. He then opened up the hearing to questions from the Public. 12 people spoke which included: ● Submission of a written continuance request. Reasons stated were many residents of 1720 Oak Ave. were not aware of this development or were confused between this proposal and the previous building that was approved (1815 Ridge/Oak). ● At the recent neighborhood meeting, Alderman Braithwaite asked Mr. Mangum to update the traffic study. Mr. Mangum responded the request was for accident data from the police department and would likely be available prior to the next meeting. ● If the proposed dog park is open to the public, how will Trammell Crow ensure dogs are properly licensed and with appropriate shots as required for off-leash dogs in Evanston? Ms. Janke Dale stated that the building will condition resident animals to be licensed and will work with the City regarding non-resident dogs and how to ensure safety and appropriate licensing. ● Request for clarification on the green areas on the plan. Will the 17-20 nice trees on the west side of the embankment near the tracks be removed? What public benefit will there be to require the developer to replace the trees elsewhere for birds and wildlife to use? Tom Runkle, Engineer for the developer, provided information on the building landscaping and stated that the dog park surface will likely be a decomposed granite or pea rock. Turf grass would be installed around it. Trees along the east property line are in different states of health and due to construction, trees will be removed but developer will comply with City 457 of 629 APPROVED Page 3 of 7 Plan Commission Minutes 3/14/18 requirements to replace them and/or provide a fee-in-lieu. Green-roof to be extensive system with shallow rooted plantings. ● The proposed building will block all of the sunlight to neighboring buildings. How was no one notified of this until last weekend when a letter came in the mail but then no other information was provided? ● Why is it necessary for the second and third floor to get so close to the property lines? Other large buildings have done without that. Mr. Roseth clarified that the building is compliant with setbacks on all except the west side of the building. Circulation drove need for relief on west side setback. ● What will happen to the street parking between Ridge and Church? Will there be less street parking that church patrons use? Did Trammell Crow have any meetings with church staff? ● How many staff members will be hired for this development? Mr. Carlson stated there will be 6 full time staff members on-site plus 2 additional for various activities. Not all will be on-site at the same time. ● What outreach has Trammell Crow done to sit down and hear concerns from neighboring Center for Independent Futures and if so, what dates? ● Allowance for only 1 loading: how can it be ensured there won’t be future congestion with trucks waiting, and how does the developer know 1 loading area is adequate? Mr. Carlson stated he does not anticipate a need for 2 loading spaces; management will manage scheduling of move-in/move-out and trash pickup. ● There is a 1 way alley between Sienna and the 1111 Church St building - how will that traffic flow during and after construction? Luay Aboona, KLOA, stated that the orientation of the alley across the street will not be changed. ● How is active adult defined and what are the age restrictions? Ms. Janke-Dale provided information on community meetings and the notice that was provided. This included two community meetings and a ward meeting in addition to the standard noticing required by the City for public hearings and community meetings (no mailed notice was required for the Ward meeting). Chair Lewis then opened the hearing to questions from the Commission. Questions included: ● Mr. Pigozzi - how will trash pickup be handled? Fear dumpsters will end up taking up loading berth area. Will any residents have caregivers, and if so how will parking for the caregivers be handled? ● Mr. Isaac - Regarding parking, 45 spaces for 1007 Church will be lost. The parking requirement for 1007 Church was calculated at 2 per 1000 sq. ft. of floor area. Should that be 5 per 1000 since it is a medical use (question is for staff). What exactly was the Sienna PD requirement and how does that work if 1007 is using the parking? What is the relationship between the Sienna spaces and 1007? How long term is that relationship? Ms. Klotz stated that 1007 Church was previously required to have 245 spaces which then increased to 294 parking 458 of 629 APPROVED Page 4 of 7 Plan Commission Minutes 3/14/18 spaces with the addition of medical office. Had more than needed and with new development required parking is not affected. ● Ms. Goddard - has the site always been a parking lot or is there the possibility of ground contamination, and what will be done to address that? ● Ms. Saul - is Transit Tracker available to the public or just the building residents? What about improving the crosswalk midblock? The traffic study that is done 1 year after the building is built could instead be done when the building is 90% occupied to get a better read of the traffic implications. Luay Aboona, KLOA, stated Crosswalks will be restriped. Will take a look at post construction traffic impacts and any needed signage. Crosswalk traffic signals will be upgraded with countdown timers at Oak and Church by the 1815 Ridge/Oak development. Mr. Mangum stated that staff is open to amending the condition regarding the traffic study post occupancy. ● Ms. Dubin – How does the City control the health of dogs at the dog beach? Mr. Mangum provided information on how the City’s dog beach regulates use. ● Has the City considered making the intersection at the curve onto Clark Street a controlled intersection? Mr. Mangum stated that the intersection at Oak and Clark had plans reviewed but no recommendation has come up. ● Chair Lewis - Shadow studies done for the project? ● Mr. Halik - would like architect to explain the “playful” architecture proposed and how that relates to the architecture of Evanston. Mr. Roseth provided clarification on “playful” architecture. Johnny Carlson answered remaining questions. An Active Adult is someone who wants to live in a rich social environment with activities. Active Adult living does not anticipate having caregivers, tenants would more likely move to a different facility that fits their needs. Parking meters will be taken down and a meter box added to block. 2 additional stalls and 2 ADA stalls will also be added. He anticipates a summer construction start with an 18 month construction period. A Construction Management Plan that addresses impacts to neighboring properties during construction, including the alley, wayfinding signage, and people on-site directing traffic. Transit Tracker board may be able to be located where it is visible both inside and outside the building. The development team will, per City code, handle removal of any soil in need of remediation (have not found this need upon testing). Shadow study will be provided for the next meeting. Chair Lewis opened the hearing for public testimony and offered to allow testimony to individuals at either this hearing or at the continued hearing on April 11. A total of 4 people spoke, providing the following comments: ● Speeding around Oak Ave. curve creates a dangerous situation with the midblock crosswalk. If the project moves forward, do not grant the special allowances requested, which just add to the congestion. Sienna was originally marketed for people with mental and physical disabilities. 459 of 629 APPROVED Page 5 of 7 Plan Commission Minutes 3/14/18 ● Building height is double that of Sienna development. Sienna was in a less congested area and had enough parking for home medical staff and caregivers. Adding 2 new towers in the immediate area without enough parking will increase congestion and affect property values. The addition of 2 new on-street spaces is not enough. Physical limitations of some residents make moving elsewhere difficult, doing so due to issues created by development not an option ● The building would cause more congestion, block views from Sienna, and cast shadows. ● The requested affordable housing does not meet IHO requirements and a shortage of moderately priced senior housing. Market rent for a 1 bedroom in this building is around $2800, which is not moderately priced senior housing. The average Social Security benefit is $1,369. Proposal not an alternative equivalent. It is not equivalent and not in compliance with the AMIs. Also there are no 2 bedroom units proposed as affordable, which is required by the IHO. Commissioner Saul made a motion to continue the item to April 11, 2018 at 7:00 PM in Council Chambers. Commissioner Isaac seconded the motion. A roll call vote was taken and the motion was approved, 7-1. Ayes: Brown, Dubin, Goddard, Halik, Isaac, Lewis, Saul. Nays: Pigozzi B. TEXT AMENDMENT 18PLND-0013 Coach House Definition A Zoning Ordinance Text Amendment pursuant to City Code Title 6, Zoning, to revise the definition of a coach house. Mr. Mangum explained the text amendment was a City Council referral, and the proposed text amendment modifies the definition of a coach house so that a coach house could be rented out to a separate tenant unrelated to the owners of the principal structure. Chair Lewis opened the hearing to questions from the public. One person, Birch Berdhardt spoke stating that the proposed regulation does not discuss affordability at all. In talking with Housing staff, coach houses could provide a great deal of affordable units. She then asked if that is possible. Mr. Mangum explained that City Council did not provide direction regarding affordability or restricting income levels so, while it is not proposed at this time, it could be considered in the future. Chair Lewis opened the hearing to questions from the Commission. Ms. Goddard asked if there is a limit to the number of tenants that could live in the structure, and if there is a definition of dwelling. Mr. Mangum responded each dwelling unit on the property could have a family that complies with the definition of family (no more than 3 unrelated). A dwelling unit is defined by having cooking and eating, sleeping, and living 460 of 629 APPROVED Page 6 of 7 Plan Commission Minutes 3/14/18 accommodations. Mr. Pigozzi asked what the new limit would be – could someone tear down their garage and build a new one with an apartment above it in an R1 District? That would change the nature of the R1 District. Mr, Mangum explained yes, one could do that. Currently you could build the same but only be used by a family member (per the definition of family). Mr. Isaac noted accessory structures are limited to 20 feet in height so that in itself may prevent new coach houses from being constructed. Mr. Brown asked how the City currently polices coach houses, and Mr. Mangum explained currently it is on a complaint basis and is handled by Zoning staff and Property Standards staff. Ms. Saul asked if rented coach houses will have to be registered as rentals, and Mr. Mangum said he believes so. Chair Lewis noted this change will create a profit availability that could change neighborhoods. Are there limitations to how many per property, etc? Mr. Mangum stated that no additional limitations are proposed regarding the number of units allowed per block but current existing regulations would still provide limitations on the size, required parking, etc. Commissioner Pigozzi made a motion to recommend that the proposed amendment be rejected. Commissioner Isaac seconded the motion. A roll call vote was taken and the motion failed with a tie vote, 4-4. Ayes: Brown, Dubin, Isaac, Pigozzi. Nays: Goddard, Halik, Lewis, Saul. The vote was incorrectly tabulated to fail 4-3 during the meeting. Commissioner Halik made a motion to recommend that the proposed amendment be adopted. Commissioner Saul seconded the motion. A roll call vote was taken and the motion failed with a tie vote, 4-4. Ayes: Goddard, Halik, Lewis, Saul. Nays: Brown, Dubin, Isaac, Pigozzi. The vote was incorrectly tabulated as approved 4-3 during the meeting. 461 of 629 APPROVED Page 7 of 7 Plan Commission Minutes 3/14/18 The text amendment will move forward to City Council without a recommendation. 4. OTHER BUSINESS There was no other business. 5. PUBLIC COMMENT There was no public comment. 6. ADJOURNMENT Commissioner Goddard made a motion to adjourn the meeting. Commissioner Saul seconded the motion. A voice vote was taken and the motion was approved by voice call 8-0. The meeting was adjourned at 9:15 pm. Respectfully Submitted, Meagan Jones Neighborhood and Land Use Planner Community Development Department 462 of 629 For City Council meeting of May 14, 2018 Item P3 Ordinance 61-O-18, Planned Development at 128-132 Chicago Avenue For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Erika Storlie, Assistant City Manager/ Acting Director of Community Development Scott Mangum, Planning and Zoning Administrator Michael Griffith, Development Planner Subject: Ordinance 61-O-18 Planned Development, 128-132 Chicago Ave., 17PLND-0112 Date: May 2, 2017 Recommended Action: The Plan Commission and staff recommend adoption of Ordinance 61-O-18 for approval of a Map Amendment to rezone the northern portion of the property from the C1 Commercial District to the B3 Business District, a special use for an open sales yard in the B3 Business District and a Planned Development in the B3 Business District to construct a 5-story mixed-use building with approximately 4,999 square feet of indoor ground floor commercial space, approximately 7,000 square feet of outdoor garden/open sales lot, 26 dwelling units and 30 parking spaces. The development includes site development allowances for the following: • Number of parking spaces: 30 spaces proposed where 37 are required. • Fence location: Zero (0) foot setback from the street side property line where 2’ is required. • Parking setbacks: Zero (0) foot setback from the north and west property lines where 5’ is required. Livability Benefits: Built Environment: Promote diverse Transportation modes Economy & Jobs: Expand job opportunities Health & Safety: Provide for access to fresh, healthful food Background: The site consists of 5 parcels at the northwest corner of Howard Street and Chicago Avenue for a total of 0.58 acres. Currently, there is a City owned parking lot at the south end of the site, the north end is vacant. In 2017, a vacant one-story, brick building was demolished. The applicant, David Brown of Evanston Gateway, LLC, is the contract purchaser for the City-owned parking lot. In July and August of 2017 the City Council approved a Tax Increment Financing (TIF) Forgivable Construction Loan and Development Agreement (64-R-17) and Real Estate Sales Contract (68-O-17) to allow the sale of the City-owned portion of the property and a TIF loan for the development project. Memorandum 463 of 629 The uses surrounding the site include: • To the north is an automobile service station. • To the east across Chicago Avenue is the Chicago Transit Authority (CTA) rail yard and a 2-story commercial building. • To the southeast is a 6-story mixed-use building with ground floor retail and dwellings above. • To the south is a small City of Chicago park, further south is a bank with a drive-thru. • To the west is the METRA/Union Pacific railroad right-of-way, further west is an automobile service station and 4-story multi-family residential buildings. 128-132 Chicago Avenue Planned Development – East Elevation 128-132 Chicago Avenue Planned Development – West Elevation 464 of 629 Site Layout: The site is rectangular in shape, approximately 70 feet wide (east-west) and 387 feet long (north-south). The proposed building is located at the south end of the site, holding the corner. The ground floor is dedicated to 4,999 square feet of retail and cafe space, residential lobby, a bike storage room, trash room, mechanical rooms and storage. The 2nd floor is dedicated to an office space for the retail tenant and residential, floors 3-5 are residential. Approximately half the roof area will feature a green roof and deck, the deck provides an amenity for building residents. The retail space has entrances at the southeast and northeast corners of the ground floor and from the garden yard/open sales area, the residential lobby entrance is off of Chicago Avenue. The proposed retail tenant is City Grange, a for-profit social enterprise, women-owned and operated. City Grange is proposed as an education-based lifestyle garden center, including interior retail and cafe space, and outdoor space for the sale of live plants and garden supplies. A garden yard/open sales area is proposed immediately north of the building, approximately 7,000 square feet in size. The garden yard is accessible from the retail space and gates off Chicago Avenue and from the parking lot. The garden yard will be enclosed by a 6 foot tall metal fence. A surface parking lot is proposed at the north end of the site. Access is provided by one curb-cut off of Chicago Avenue. A total of 30 parking spaces are proposed, which includes 2 handicapped accessible spaces. An on-street loading zone is proposed along Chicago Avenue near entrances to both the retail space and residential lobby. The loading zone is 45 feet long located immediately north of the right turning lane. The original plan included an enclosed loading dock off of Howard Street. The applicant removed the loading dock in favor of the on-street loading zone at staff’s recommendation to eliminate possible conflicts between pedestrians, bicyclists and trucks which would disrupt the Chicago Avenue/Howard Street intersection. The applicant will install a bike rack near the southeast retail entrance and a second bike rack near the garden yard/open sales area entrance along Chicago Avenue. The landscape plan includes 2 new parkway trees along Chicago Avenue, a 2 foot wide landscape strip along the east side of the parking lot and curbed planting beds at the north end of the parking lot. The plan includes a combination of a retaining wall and 6 foot tall metal fence along the west side of the site along the METRA/Union Pacific railroad right-of-way. 465 of 629 128-132 Chicago Avenue Planned Development – Site Plan Compliance with the Zoning Ordinance: The intent of the B3 Business District is: “... to provide for higher density business development at compact locations adjacent to mass transit facilities that can support intense business uses and accommodate greater building heights than the B1 or B2 business districts. The district reflects established uses and should provide for appropriate infill and redevelopment at such locations.” Map Amendment: The site currently lies in both the C1 Commercial and B3 Business Districts. The C1 district captures the northern portion of the site and extends north along the west side of Chicago Avenue. The B3 district captures the southern portion of the site and extends east and west of the site along the north side of Howard Street. The applicant is requesting a map amendment to unify the zoning by rezoning the northern portion of the property from C1 Commercial to the B3 Business District. In the C1 district, dwellings are neither permitted nor a special use. In the B3 district, dwellings above the ground floor are permitted. 466 of 629 Zoning map of the area surrounding the site, development site marked with hash marks: Special Use: The applicant is requesting special use approval for an open sales lot in the B3 district. The open sales lot, garden yard, is associated with the proposed retail tenant, City Grange. The space will be used primarily to display and sell live plants and garden supplies. The applicant provided the following information concerning the operation of the open sales lot: • The open sales yard will be retail sales only. The yard will have various levels of activity based on seasonality, anticipated as follows: • Jan/Feb/Early March: Little or no yard use. • Late March to October: Hours will range from 9:00am – 6:00pm at beginning/end of the season to 7:00am – 9:00pm during high sales times. Hours may also vary weekday to weekend with the longest hours Thursday – Monday. • Nov/Dec: Limited holiday sales use, potential hours (Thursday – Sunday) 10:00am – 7:00pm. • Staffing will also vary based on seasonality with the biggest staff need in April – June (12-15 maximum based on weekend sales). Planned Development: The applicant is requesting special use approval for a Planned Development to construct the 5- story (72-foot tall) multi-family building with 26 dwelling units, 4,999 square foot commercial space, an approximately 7,000 square foot garden yard/open sales area and 30 parking spaces. 467 of 629 The proposed building meets all required setbacks and bulk requirements. 128-132 Chicago Ave. Zoning Requirements Required / Max. Permitted Proposed Building Front setback (south) 0 feet 0 feet Side setback (west) 0 feet 2.5 feet Street side setback (east) 0 feet 0 feet Rear setback (north) 10 feet 236.9 feet Height 85 feet 71.7 feet FAR 3.0 76,236 square feet 1.45 36,887 square feet Loading Dock(s) 0 on-street loading zone The applicant is requesting approval of the following site development allowances: 128-132 Chicago Ave. Site Development Allowances Required / Max. Permitted Proposed # of parking spaces 37 30 Parking setback 5 feet from north and west property lines 0 feet from north and west property lines Fence setback, street side (Chicago Avenue) 2 feet 0 feet Parking and Traffic: Based on the number and type of dwelling units (12 one-bedroom units and 14 two-bedroom units) and 4,999 square feet of commercial space, 37 parking spaces are required. The applicant is proposing 30 parking spaces. The applicant proposes to allocate 10 parking spaces for the retail space, 20 parking spaces for residents (0.77 per dwelling unit, 0.50 per bedroom). The applicant submitted a Traffic Impact Study prepared by Kenig, Lindgren, O’Hara, Aboona, Inc. (KLOA) that analyzes the proposed traffic impact. The site is located approximately 760 feet west of a CTA Rail station (Howard Red, Purple, and Yellow Line), along or near multiple CTA and PACE Bus routes (CTA Bus routes 22, 97, 201, 205, 206, PACE Bus routes 215, 250, 290 and 422), a Divvy Bike Station at the CTA Rail station, dedicated and shared bike lanes on the north and south sides of Howard Street, dedicated bike lane on both sides of Chicago Avenue approximately 630 feet north of Howard Street, with sidewalks provided within the entire surrounding street network. 468 of 629 The traffic study indicates the site is located within the City’s Transit Oriented Development (TOD) area, that approximately 83% of renter households in the area either do not own a vehicle or own only one vehicle, and that access to and from the proposed development and surrounding area is enhanced by various alternative modes of transportation. The traffic study indicates the development-generated traffic can be accommodated without significant impact to the external street system. All of the intersections within the study limits are projected to operate at current levels of service with the addition of the proposed development- generated traffic and the existing traffic increased by a regional growth factor to establish future conditions. The study also indicates there are an ample number of gaps to accommodate the projected number of vehicles entering and exiting the site. Proposed roadway improvements include: • Northbound Chicago Avenue: • One northbound lane on Chicago Avenue north of Howard Street • Southbound Chicago Avenue: • One left turn lane onto eastbound Howard Street • One thru lane to southbound Clark Street (Chicago) • One right turn lane onto westbound Howard Street • Loading zone on the west side of Chicago Avenue north of the proposed right turn lane. Loading zone located to provide additional vehicle stacking in the right turn lane when a vehicle is not occupying the space. • Street parking, 9 spaces, on the west side of Chicago Avenue adjacent to the site. • Taper striping on the west side of Chicago Avenue north of the site to transition from existing 2 southbound lanes to proposed one southbound lane adjacent to the site. • No changes proposed on Howard Street or on Clark Street (City of Chicago). Public Benefits: The applicant lists the following as public benefits as part of the Planned Development proposal: 1. Two new parkway trees along Chicago Avenue. 2. Street striping of Chicago Avenue. 3. New sidewalks along the project frontage. 4. Affordable housing units on-site. 5. Use of outdoor yard with appealing plant materials and green space. 6. Potential use of Metra embankment as demonstration gardens. 7. Enhanced walkability. 8. Creating a destination in the neighborhood, which includes new event space for residents and businesses. 9. Adding residents at this intersection to benefit other Howard Street businesses. 10. Providing water retention. 11. Utilizing environmentally sensitive development practices and visually appealing architecture at a strategic location. 469 of 629 Compliance with the Comprehensive Plan: The proposed Planned Development is consistent with the 2000 Comprehensive General Plan. The guiding principle of the Plan is to encourage new development that improves the economy, convenience and attractiveness of Evanston while simultaneously working to maintain a high quality of life within the community where new developments should be integrated within existing neighborhoods to promote walking and the use of mass transit. The site is located in a designated corridor where opportunities for commercial and mixed-use redevelopment and revitalization are probable, and where sensitive transit oriented development is encouraged. The proposed development is consistent with the following Plan objectives: • To maintain the appealing character of Evanston’s neighborhoods while guiding their change. The new development will support efforts to add to neighborhood desirability and complement existing street and sidewalk patterns by providing retail space and housing within the existing street pattern. • To recognize the benefits of mixing residential, commercial and institutional uses in neighborhoods. The new development incorporates retail and housing at a location where neither currently existing, near existing transit service. • To recognize the effect of housing on the quality of neighborhoods. The new development will support efforts aimed at improving Evanston’s housing stock and target corrective action toward properties that are negatively affecting surrounding properties. • To maintain and enhance property values and positive perceptions of housing in Evanston. The new development will replace an underutilized site and provide new retail and new housing construction to enhance the property tax base at a gateway location into Evanston. • To address concerns about cost and affordability. The new development provides 5 on-site affordable rental dwellings at 80% AMI. • To promote the growth and redevelopment of business, commercial and industrial areas. The new development will help to revitalize the Howard Street corridor through replacing an underutilized site with a new mixed-use development that includes both retail and residential uses on Howard Street. • To ensure continued high levels of mass transit service throughout Evanston. The new development promotes higher-density residential and mixed-use development in close proximity to transit nodes (e.g., train stations) in order to support non- automobile dependent lifestyles. Compliance with the Design Guidelines for Planned Developments: The proposed building is consistent with the Design Guidelines for Planned Developments. The proposal was reviewed by the Design and Project Review Committee on March 28, 2018, and received a recommendation for approval. The massing of the building is located at the south end of the site to define the street intersection. The proposed building height, 5-stories, is appropriately scaled with nearby structures which are 2-6 stories in height, a 17 story building is located further east on the north side of Howard Street. The proposed building materials, wood or synthetic wood siding and aluminum storefront windows at ground level, aluminum composite panels, perforated metal 470 of 629 screens, steel guardrails at the balconies and vinyl windows on floors 2-5, and the architectural design have a contemporary design, providing architectural variety and interest to the neighborhood. Compliance with Inclusionary Housing Ordinance (IHO): The proposed development will replace an open parking lot and vacant site (former vacant 1- story brick building has been demolished by developer). Because the site is located in a Transit Oriented Development Area and there is City funding of the project, the IHO requires that either 5 units are provided on-site that are affordable to households with earnings at 50% and 60% of Area Median Income (AMI) or that the applicant pay a fee in-lieu of $100,000 per required unit ($500,000). The applicant is proposing to provide 5 on-site affordable apartments, 3 1-bedroom units and 2 2-bedroom units, affordable to households with earnings at 80% Area Median Income (AMI), an alternative equivalent proposal from the Inclusionary Housing Ordinance. The 80% of AMI is consistent with the sales contract approved by City Council in August 2017. The City Council has the authority to consider alternative equivalent proposals. Standards for Special Use (Section 6-3-5-10): The proposed development must satisfy the standards for Special Use in Section 6-3-5-10, the Standard for Planned Development in Section 6-3-6-9 and standards and guidelines established for Planned Developments in the B3 Business District. (Section 6-9-1-9). Staff finds that the proposed development meets all standards for approval. Standards for Special Use (Section 6-3-5-10) An open sales lot and Planned Development are listed as allowed special uses in the B3 Business District. As noted above, the proposal is in keeping with the purposes and policies outlines in the Comprehensive Plan and the Zoning Ordinance. The proposed building with ground floor retail, garden yard/open sales area, residential above the ground floor and surface parking lot will not cause a negative cumulative effect when considered in conjunction with other special uses in the area. Surrounding uses are commercial or mixed-use, allowed by right and by special use, therefore, compatible with the proposed building. The proposed development is adequately served by public facility infrastructure already available. The street and sidewalk network, as well as water, sewer, electricity and gas infrastructure already exist. The proposed development will not cause undue traffic congestion. The applicant has submitted a traffic study indicating there will be minimal effect to the level of service on existing surrounding roadways. There are no historical and architectural resources or environmental features present on the site. The site is currently vacant. Standards for and Guidelines for Planned Developments in the B3 District (Sections 6-3-6-9 and 6-9-1-9) 471 of 629 The proposed Planned Development is in harmony and complies with general purposes and the intent of the Zoning Ordinance. The proposed building is compatible in bulk, scale and land use with surrounding properties. The proposed development is consistent with the vision and goals of the Comprehensive Plan for redevelopment of underutilized properties with uses compatible with the surrounding neighborhood, enhances the pedestrian character of the business district and will improve the streetscape and architectural character of the business district. Legislative History: March 28, 2018 - The Design and project Review Committee (DAPR) recommended unanimous approval of the proposed development with the condition that the plans be revised based on staff comments made during the meeting. April 18, 2018 - The Plan Commission opened the public hearing and heard testimony by the applicant and the general public. The Plan Commission recommended, 5-1, to approve the proposed Planned Development with conditions outlined in the proposed ordinance. Attachments: Proposed Ordinance 61-O-18 Plan Commission Draft Meeting Minutes 04/18/18 Link to Plan Commission Packet documents for 04/18/18, including Development Plans, Market Study and Traffic Study https://www.cityofevanston.org/home/showdocument?id=38766 472 of 629 4/19/2018 5/7/2018 61-O-18 AN ORDINANCE Granting a Special Use Permit for a Planned Development and Special Use Approval for an Open Sales Lot at 100 and 128-132 Chicago Avenue and Amending the Zoning Map to Re-Zone Certain Properties from the C1 Commercial Zoning District to the B3 Business District 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 ordinances and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970, which states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule units be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164); 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 1979, as amended, (“the Zoning Ordinance”); and 473 of 629 61-O-18 ~2~ WHEREAS, Evanston Gateway, LLC (the “Applicant,”), developer of the property located at 100 and 128-132 Chicago Avenue, Evanston, Illinois (the “Subject Property”), legally described in Exhibit A, which is attached hereto and incorporated herein by reference, applied, pursuant to the provisions of the Zoning Ordinance, specifically Section 6-7-2 “Zoning Map”, Section 6-3-4 “Amendments”, Section 6-3-5, “Special Uses”, Section 6-3-6, “Planned Developments”, and Subsection 6-9-1-9, “Planned Developments” in Business Zoning Districts, to permit the construction and operation of a Planned Development with accessory parking located at the Subject Property in the B3 Business Zoning District (“B3 District”); and WHEREAS, the Applicant sought approval to re-zone the Subject Property from the current C1 Commercial and B3 Business Zoning Districts entirely to the proposed B3 Business Zoning District; and WHEREAS, the Applicant sought approval to construct a new five (5) story seventy-two (72) foot tall multi-family development consisting of twenty-six (26) dwelling units, approximately four thousand nine hundred ninety-nine (4,999) square feet of ground indoor floor commercial space, approximately two thousand three hundred seventy-four (2,374) square feet of commercial space on the second floor, approximately seven thousand (7,000) square feet of outdoor garden/open sales lot, and thirty (30) parking spaces; and WHEREAS, construction of the Planned Development, as proposed in the application, requires exception from the strict application of the Zoning Ordinance with regards to number of required parking spaces, fence location, and parking setbacks from the north and west property line; and 474 of 629 61-O-18 ~3~ WHEREAS, pursuant to Subsection 6-3-6-5 of the Zoning Ordinance, the City Council may grant Site Development Allowances to the normal district regulations established in the Zoning Ordinance; and WHEREAS, on April 18, 2018, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.) and the Zoning Ordinance, the Plan Commission held a public hearing on the application for a Special Use Permit for a Planned Development with Open Sales Lot and Rezoning from C1 Zoning District to B3 Zoning District, case no. 17PLND-0112, heard extensive testimony and public comment, received other evidence, and made written minutes, findings, and recommendations; and WHEREAS, the Plan Commission’s written findings state that the application for the proposed Planned Development meets applicable standards set forth for Special Uses in Subsection 6-3-5-10 of the Zoning Ordinance and Planned Developments in the B3 Zoning District per Subsection 6-9-1-9 of the Zoning Ordinance and Map Amendments per Subsection 6-3-4-5; and WHEREAS, the Plan Commission recommended the City Council approve the application with conditions; and WHEREAS, on May 14, 2018, the Planning and Development (“P&D”) Committee of the City Council held a meeting, in compliance with the provisions of the Open Meetings Act and the Zoning Ordinance, received input from the public, carefully considered and adopted the findings and recommendations of the Plan Commission, and recommended approval thereof by the City Council; and 475 of 629 61-O-18 ~4~ WHEREAS, at its meetings of May 14, 2018 and May 29, 2018, held in compliance with the Open Meetings Act and the Zoning Ordinance, the City Council considered the recommendation of the P&D Committee, the Applicant application, received additional public comment, made certain findings, and adopted said recommendation; and WHEREAS, it is well-settled law that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747 (1991)) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124 (7th Cir. 1995)), 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 facts and incorporated herein by reference. SECTION 2: The City Council hereby amends the Zoning Map to remove those properties with the addresses and PINs listed in Exhibit B and identified in Exhibit C, both attached hereto and incorporated herein by reference, from the C1 Commercial District and place them within the B3 Business District. SECTION 3: Pursuant to the terms and conditions of this ordinance, the City Council hereby grants the Special Use Permit applied for in case no. 17PLND- 0112, to allow construction and operation of the Planned Development described herein. SECTION 4: The City Council hereby grants the following Site Development Allowances: 476 of 629 61-O-18 ~5~ (A) Number of Required Parking Spaces: A Site Development Allowance is hereby granted for thirty (30) parking spaces, whereas Table 16-B of the Zoning Ordinance requires a minimum of thirty-seven (37) parking spaces based on the proposed combination of uses in the B3 District. (B) Fence Location: A Site Development Allowance is hereby granted to place a fence with a zero (0) foot setback from the street side Subject Property line, whereas subsection 6-4-6-7(F)2(b)(1) of the Zoning Ordinance requires a two (2) foot setback from the street side Subject Property line in the B3 District. (C) Parking Setbacks: A Site Development Allowance is hereby granted permitting a zero (0) foot parking setback from the north and west Subject Property lines, whereas subsection 6-9-4-7 of the Zoning Ordinance requires a minimum of a five foot parking setback from the north and west Subject Property lines in the B3 District. SECTION 5: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council imposes the following conditions on the Special Use Permit granted hereby, which 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 terms of this ordinance; the Site and Landscape Plans in Exhibits D and E, attached hereto and incorporated herein by reference; all applicable legislation; the Applicant’s testimony and representations to the Design and Project Review Committee, the Plan Commission, the P&D Committee, and the City Council; and the approved documents on file in this case. (B) Construction Management Plan: The Applicant shall sign and agree to a Construction Management Plan (CMP) with the City of Evanston prior to issuance of the Building Permit. The CMP shall include but is not limited to the following: construction phasing/staging plans; construction hours; site access including traffic and pedestrian safety plans; contractor parking; damage control and vibration monitoring; construction exhibits; project communication and signage. (C) Metal Fence: The Applicant must provide to the City the metal fence detail for the six (6) foot tall metal fence surrounding the garden yard/open sales area on the Subject Property indicating the fence material, finish, and design to the Design and Project Review (DAPR) Committee prior to issuance of building permit. 477 of 629 61-O-18 ~6~ (D) Landscaping: Applicant must install and maintain the landscaping improvements as depicted in Exhibit E. (E) Street Improvements: The Applicant must install all improvements to the streets, including grinding of existing pavement markings, restriping, and asphalt patching at new water/sewer services within the Howard Street and Chicago Avenue Right of Ways. (F) Sidewalk Replacement: The Applicant must replace all sidewalks adjacent to the Subject Property along the full length of the property on both Howard Street and Chicago Avenue. (G) Chicago Avenue On-Street Parking Pay Box: The Applicant agrees to make a one-time contribution to the City of Evanston in the amount of eight thousand five hundred dollars ($8,500.00) to pay for the installation of one additional on-street parking pay box. (H) METRA Embankment Improvements: The Applicant agrees to continue working with METRA and/or Union Pacific Railroad regarding obtaining written permission for the installation and maintenance of landscaped embankment improvements adjacent to the Subject Property for the life of the development. (I) Color Accents: The Applicant agrees to incorporate color accents on all facades, as incorporated in the Development Plans, as revised pursuant to recommendation from the Design and Project Review (DAPR) Committee. (J) Harm Mitigation for Birds: The Applicant will implement the following strategies to improve and incorporate bird friendly measures: a. Install low reflective glass windows; b. Install metal balcony railings rather than glass doors and balconies; c. Minimize any external lighting from 12:00 a.m. until dawn during Spring and Fall bird migration; and d. Avoid guy wires and roof lighting that pose a bird hazard. (K) Affordable Housing Units: The Applicant shall provide five (5) units of on-site affordable housing for the following twenty-five (25) years in accordance with the approved equivalent alternative inclusionary housing proposal. The affordable units shall be affordable to households earning no more than the following area median income (AMI): three (3) 1-bedroom units must be affordable at eighty percent (80%) AMI and two (2) 2-bedroom units must be affordable at eighty percent (80%) AMI. (L) Changes in Building Use: Any material changes in the use of the building on the Subject Property must be approved as an amendment to this Planned Development in accordance with Subsection 6-3-6-12 of the Zoning Ordinance. 478 of 629 61-O-18 ~7~ (M) Recordation: 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 6: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s tenants, agents, assigns, and successors in interest.” 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: 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 9: All ordinances or parts of ordinances that are in conflict with the terms of this ordinance are hereby repealed. SECTION 10: 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 11: 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. 479 of 629 61-O-18 ~8~ Introduced:_________________, 2018 Adopted:___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _____________________________ Devon Reid, City Clerk Approved as to form: _______________________________ Michelle L. Masoncup, Interim Corporation Counsel 480 of 629 61-O-18 ~9~ EXHIBIT A Legal Description PARCEL 1: THAT PART LYING WEST OF THE WEST LINE OF CHICAGO AVENUE (NOW CLARK STREET) AND EAST OF THE EAST LINE OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILROAD COMPANY (FORMERLY CHICAGO AND MILWAUKEE RAILROAD COMPANY) OF THE SOUTH 6.25 CHAINS OF THE NORTHEAST 1/4 SECTION 30, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND NORTH OF A LINE 150.00 FEET NORTH OF AND PARALLEL TO THE NORTH LINE OF HOWARD STREET, MEASURED ALONG THE WEST LINE OF CHICAGO AVENUE, IN COOK COUNTY, ILLINOIS. PARCEL 2: THE NORTH 50 FEET OF THE SOUTH 15O FEET OF THAT PART OF THE SOUTH 6.25 CHAINS, LYING WEST OF THE WEST LINE OF CHICAGO AVENUE, EAST OF THE EAST UNE OF CHICAGO AND NORTHWESTERN RAILROAD AND NORTH OF THE NORTH LINE OF HOWARD STREET OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 3: THAT PART OF THE SOUTH 8.25 CHAINS OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD MERIDIAN, DESCRIBED AS COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF HOWARD STREET, WITH THE EAST LINE OF THE RIGHT-OF-WAY OF THE CHICAGO AND NORTHWESTERN RAILROAD RUNNING; THENCE EAST ALONG THE NORTH LINE OF HOWARD STREET TO ITS INTERSECTION WITH THE WEST LINE OF NORTH CLARK STREET (FORMERLY CHICAGO AVENUE); THENCE NORTHERLY ALONG THE WEST LINE OF SAID NORTH CLARK STREET 100 FEET; THENCE WEST PARALLEL TO THE NORTH LINE OF HOWARD AVENUE TO THE EAST LINE OF THE RIGHT-OF-WAY OF THE CHICAGO AND NORTHWESTERN RAILROAD; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY, MORE OR LESS TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PINs: 11-30-212-004-0000 11-30-212-005-0000 11-30-212-006-0000 11-30-212-007-0000 11-30-212-008-0000 COMMONLY KNOWN AS: 100 and 128-132 Chicago Avenue, Evanston, IL (approx. 25,412 sq. ft.) 481 of 629 61-O-18 ~10~ EXHIBIT B Addresses and PINs of Properties Removed from the C1 Commercial District and Placed Within the B3 Business District Commonly Known As: 128-132 Chicago Avenue, Evanston, IL PINs: 11-30-212-004-0000 11-30-212-005-0000 11-30-212-006-0000 482 of 629 61-O-18 ~11~ EXHIBIT C Map of Properties Removed from the C1 Commercial District and Placed Within the B3 Business District 483 of 629 Properties Removed from the C1 Commercial District and Placed Within the B3 Business District drawGraphics_poly User drawn polygons Zoning Boundaries & Labels Zoning Overlay Districts oCSC - Central Street Corridor oDM - Dempster-Main Overlay oH - Hospital Overlay oRD - Redevelopment Overlay oWE- West Evanston Overlay Federal Historic Districts Northeast Ridge Lakeshore Oakton May 3, 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 Evanston484 of 629 61-O-18 ~12~ EXHIBIT D Development Plans 485 of 629 EVANSTON GATEWAY, llc Future home of CITY GRANGE - Education-based urban garden and lifestyle center 100 Chicago Avenue, Evanston, IL re-zoning, special use and planned development application 486 of 629 evanston gateway, LLC | 100 chicago avenue #17.03 | November 10, 2017 photographs of site and surrounding properties AERIAL IMAGE CTA RAIL YARD HOWARD ST.COMMERCIAL/RETAIL MULTI-FAMILY MULTI-FAMILY COMMERCIAL /RETA ILCHICAGO AVE.CLARK ST . GATEWAY CENTRE PLAZA (SHOPPING) RESIDENTIAL RESIDENTIAL CTA YELLOW LINE RESIDENTIAL BANK GAS STATION GAS STATION H O W A R D C T A S T A T I O N C T A R E D L I N E PARK EVANSTON GATEWAY PROJECT SITE PETERSON GARDEN PROJECT WILLYE B. WHITE PARK GALE ELEMENTARY COMMUNITY ACADEMYMETRA TRACKSCTA PROPERTY 6-story residential with ground floor bank 17-story residential with ground floor commercial2 story mixed-use 487 of 629 evanston gateway, LLC | 100 chicago avenue #17.03 | March 28, 2018 renderings of proposed project AERIAL VIEW OF SITE AND SURROUNDING CONTEXT 488 of 629 evanston gateway, LLC | 100 chicago avenue #17.03 | March 13, 2018 CHICAGO AVENUE HOWARD STREET149.94' 150.00'69.93'67.61'236.19' CTA RAIL YARD EXISTING ASPHALT AREA EXISTING GAS STATION 63.94'EXISTING METRA TRACKS CHICAGO & NORTHWESTERN RAILROAD EXISTING 1 STORY CTA BUILDING EXISTING PARK EXISTING GAS STATION EXISTING 4 STORY APARTMENT BUILDING EXISTING 2 STORY APARTMENT BUILDING EXISTING ASPHALT AREA EXISTING PARKING LOT EXISTING PARKING LOT BRUMMEL STREET 236.87' STREET PARKING CLARK STREET 1 23 4567 8 9 PROPERTY LINE 130 CHICAGO AVE100 CHICAGO AVETOTAL LOT AREA: 25,406 SF EXISTING 2 STORY COMMERCIAL BUILDINGEXISTING 1 STORY RETAIL BUILDINGEXISTING 6 STORY MIXED-USE BUILDINGHCHC 12109876543 29 30 11121314151617 18 19 20 21 22 23 24 25 26 27 28 EXISTING 4 STORY APARTMENT BUILDING LOADING AREA site diagram PARCEL 1 PARCEL 2 PARCEL 3 0 20’40’80’ ANDSCAPED STRIP 489 of 629 18.00'24.00' 18.00' CHICAGO AVENUE HOWARD STREET149.94' 150.00'69.93'236.19' ASPHALT PAVEMENT FENCE CTA RAIL YARD EXISTING ASPHALT AREAEXISTING GAS STATION 63.94'EXISTING CONC. WALL CONC. CURB ASPHALT GARDEN YARD OPEN SALES LOT 6,690 S.F. EXISTING METRA TRACKS CHICAGO & NORTHWESTERN RAILROAD EXISTING 1 STORY CTA BUILDING EXISTING 2 STORY COMMERCIAL BUILDINGEXISTING 1 STORY RETAIL BUILDINGEXISTING 6 STORY MIXED-USE BUILDINGEXISTING PARK ASPHALT DRIVE AND PARKING AREA HCHC EXISTING PLANTED BERM EXISTING PLANTED BERM EXISTING PARKING LOT 12109876543 CONC. SIDEWALK 236.87' TURF STREET PARKING CLARK STREETDRIVEWAY 29 30 123 45 6 7 8 9 CURBED PLANTING BED LANDSCAPED STRIP 2.00'PROPERTY LINE60.00'2.00'TOTAL LOT AREA: 25,406 SF CURB CUT CONSTRUCTION TYPE: IA PODUIM SPRINKLED VA ABOVE 8' - 6" CONCRETE SLAB ON GRADE EGRESS SIDEWALK 6' HIGH METAL FENCE EXISTING TREEEXISTING TREE 24.00' ROLLING ENTRY GATE OVERALL141.58'OVERALL 64.83'4.50'10.32'120.95'10.32'OVERALL5.74'6.62'21.14' 44.00' 3.00'2.65'11121314151617 18 19 20 21 22 23 24 25 26 27 28 CONCRETE EGRESS STAIR 16.00'16.00'5.74'EXISTING PLANTED BERM TYP 6' HIGH METAL FENCE 6' HIGH METAL FENCE WATER SERVICE ENTRY POINT NATURAL GAS ENTRY POINT BIKE PARKING BIKE PARKING LOADING AREA 45.00'80.00' EXISTING PLANTED BERM ELECTRICAL SERVICE ENTRY POINT RETAINING WALL 88.91' NEW TREE NEW TREE 5-STORY, 26 UNIT RESIDENTIAL BUILDING WITH GROUND FLOOR RETAIL 41,918 GSF 36,963 GSF (FAR)64.83'2.62'OVERALL40'20'10'0 80' evanston gateway, LLC | 100 chicago avenue #17.03 | March 27, 2018 site plan 0 20’10’40’80’490 of 629 evanston gateway, LLC | 100 chicago avenue #17.03 | April 11, 2018 0 4’8’16’32’ level 01 BUILDING STORAGE SIDEWALK FOR EGRESS GAS METERS STAIR 2 STAIR 1 TRASH ROOMMAILBOXES BIKE STORAGE PLANT YARD RETAIL ENTRY ELEV CHICAGO AVENUE HOWARD STREETPACKAGEROOM MOP SINK LOADING AREA CITY GRANGE APARTMENT ENTRANCE PARKING SPACEPARKING SPACE RETAIL ENTRY SOFFIT ABOVE WATER SERVICE / PUMP ELECTRICAL ROOM TELECOMPLANT YARD ENTRY VESTIBULE BIKE PARKING RETAINING WALL 6' HIGH METAL FENCE OUTDOOR STORAGE 2 YD 2 YD78910 11 12 131234562 YD2 YD © LEVEL ARCHITE Date Descri Project Name Project Number Description Scale Seal / Signature 2017 Sheet level architectu 1807 W. Sunnyside, Suite T. 312.242.3802 I CERTIFY THAT THESE PLANS MY SUPERVISION AND THAT TH OF MY KNOWLEDGE, WITH ALL ORDINANCES OF THE CITY O NOT FOR CON 1/8" = 1'-0"4/11/2018 3:49:58 PMC:\Users\WDC\Documents\17.03_130 Chicago_Evanston-revised loading_ameliaJ38WA.rvtCOMPOSITE PLAN - LE 17.03 EVANSTON GATEWAY PD Evansto Gateway APARTMENT ENTRY CITY GRANGE 4,999 SF 420 SF LEVEL 01 TOTAL AREA: 7,681 GSF 2,262 SFCORE/STORAGE 491 of 629 evanston gateway, LLC | 100 chicago avenue #17.03 | March 28, 2018 0 4’8’16’32’ level 02 CITY GRANGE LEVEL 02 TOTAL AREA: 8,382 GSF 1,076 SF 1,125 SF 765 SF 2,374 SF 518 SF 540 SF 732 SF 741 SF 511 SF UNIT 3 - 2 BED / 2 BATH UNIT 2 - 2 BED / 2 BATH UNIT 1 - 1 BED / 1 BATH UNIT 4 - 1 BED / 1 BATH UNIT 5 - 1 BED / 1 BATH COVERED BALCONIES CORE CORRIDOR DN DN UP UP CITY GRANGE DATA ELEC ELEV TRASH STAIR 2 CORRIDOR UNIT 1 UNIT 2 UNIT 3 STAIR 1 UNIT 4UNIT 5 © LEVEL ARCHITE Date Descri Project Name Project Number Description Scale Seal / Signature 2017 Sheet level architectu 1807 W. Sunnyside, Suite T. 312.242.3802 I CERTIFY THAT THESE PLANS MY SUPERVISION AND THAT TH OF MY KNOWLEDGE, WITH ALL ORDINANCES OF THE CITY O NOT FOR CON 1/8" = 1'-0"3/26/2018 10:11:01 AMC:\Users\WDC\Documents\17.03_130 Chicago_Evanston-revised loading_ameliaJ38WA.rvtCOMPOSITE PLAN - LE 17.03 EVANSTON GATEWAY PD Evansto Gateway 492 of 629 evanston gateway, LLC | 100 chicago avenue #17.03 | March 28, 2018 0 4’8’16’32’ level 03-05, typical DN UP DN UP ELEV STAIR 2 UNIT 5 UNIT 4 UNIT 3 UNIT 2UNIT 1 UNIT 7 CORRIDOR ELEC DATA TRASH STAIR 1 UNIT 6 © LEVEL ARCHITE Date Descri Project Name Project Number Description Scale Seal / Signature 2017 Sheet level architectu 1807 W. Sunnyside, Suite T. 312.242.3802 I CERTIFY THAT THESE PLANS MY SUPERVISION AND THAT TH OF MY KNOWLEDGE, WITH ALL ORDINANCES OF THE CITY O NOT FOR CON 1/8" = 1'-0"3/8/2018 5:14:57 PMC:\Users\WDC\Documents\17.03_130 Chicago_Evanston-revised loading_ameliaJ38WA.rvtCOMPOSITE PLAN - LE 17.03 EVANSTON GATEWAY PD Evansto Gateway LEVEL 03-05, TYP AREA: 8,382 GSF 1,076 SF 1,238 SF 1,125 SF 1,034 SF 765 SF 523 SF 479 SF 732 SF 741 SF 669 SFCOVERED BALCONIES CORE CORRIDOR UNIT 3 - 2 BED / 2 BATH UNIT 7 - 2 BED / 2 BATH UNIT 2 - 2 BED / 2 BATH UNIT 6 - 2 BED / 2 BATH UNIT 1 - 1 BED / 1 BATH UNIT 4 - 1 BED / 1 BATH UNIT 5 - 1 BED / 1 BATH 493 of 629 evanston gateway, LLC | 100 chicago avenue #17.03 | March 28, 2018 0 4’8’16’32’ roof DN DN ROOF DECKGREEN ROOF GREEN ROOF ELEV MECHANICAL VESTIBULE STAIR 2 CONCENTRATED MECHANICAL VENT STACK CONDENSING UNITS STAIR PRESSURIZATION UNIT MAKE-UP AIR UNITDUCT DOWNSTAIR PRESSURIZATION UNIT CONCENTRATED MECHANICAL VENT STACK 42" HIGH RAILING CONDENSING UNITS STAIR 1 © LEVEL ARCHITE Date Descri Project Name Project Number Description Scale Seal / Signature 2017 Sheet level architectu 1807 W. Sunnyside, Suite T. 312.242.3802 I CERTIFY THAT THESE PLANS MY SUPERVISION AND THAT TH OF MY KNOWLEDGE, WITH ALL ORDINANCES OF THE CITY O NOT FOR CON 1/8" = 1'-0"3/8/2018 6:12:45 PMC:\Users\WDC\Documents\17.03_130 Chicago_Evanston-revised loading_ameliaJ38WA.rvtCOMPOSITE PLAN - RO 17.03 EVANSTON GATEWAY PD Evansto Gateway GREEN ROOF ROOF DECK 1,733 SF 2,562 SF 709 GSF 7,374 GSF CORE + VESTIBULE TOTAL ROOF AREA OPEN TO SKY: 494 of 629 evanston gateway, LLC | 100 chicago avenue #17.03 | April 11, 2018 VIEW LOOKING WEST AT HOWARD/CHICAGO INTERSECTION renderings of proposed project 495 of 629 evanston gateway, LLC | 100 chicago avenue #17.03 | April 11, 2018 exterior elevation - south BUILDINGMETRA SIDEWALK CHICAGO AVE. LEVEL 01 0’-0” ALUMINUM COMPOSITE PANELS ALUMINUM COMPOSITE PANELS ROOF LEVEL 05 LEVEL 04 LEVEL 03 LEVEL 02 61’-0” 49’-0” 37’-8” 26’-4” 15’-0” 65’-0” T.O. PARAPET 11’-4”11’-4”11’-4”12’-0”4’-0”15’-0”BUILDING HEIGHT63’-3”PERFORATED METAL SCREENS STEEL GUARDRAILS WOOD OR SYNTHETIC WOOD SIDING ESTABLISHED GRADE ALUMINUM STOREFRONT WINDOWS VINYL WINDOWS RETAIL ENTRANCE T.O. PENTHOUSE 71’-8” 496 of 629 evanston gateway, LLC | 100 chicago avenue #17.03 | April 11, 2018 exterior elevation - east BUILDING PLANT YARDSIDEWALK RETAIL ENTRANCE RETAIL AND PLANT YARD ENTRANCEAPARTMENT ENTRANCE HOWARD ST. LEVEL 01 0’-0”15’-0”PERFORATED METAL SCREENS STEEL GUARDRAILS VINYL WINDOWS ALUMINUM STOREFRONT WINDOWS ALUMINUM STOREFRONT WINDOWS WOOD OR SYNTHETIC WOOD SIDING WOOD OR SYNTHETIC WOOD SIDING ALUMINUM COMPOSITE PANELS ROOF T.O. PENTHOUSE LEVEL 05 LEVEL 04 LEVEL 03 LEVEL 02 61’-0” 71’-8” 49’-0” 37’-8” 26’-4” 15’-0” 65’-0” T.O. PARAPET 11’-4”11’-4”11’-4”12’-0”10’-8”BUILDING HEIGHT63’-3”ESTABLISHED GRADE 497 of 629 evanston gateway, LLC | 100 chicago avenue #17.03 | April 11, 2018 exterior elevation - north BUILDING METRASIDEWALKCHICAGO AVE.11’-4”11’-4”11’-4”12’-0”10’-8”15’-0”ROOF LEVEL 05 LEVEL 04 LEVEL 03 LEVEL 02 LEVEL 01 61’-0” 49’-0” 37’-8” 26’-4” 15’-0” 0’-0” 65’-0” T.O. PARAPET 71’-8” T.O. PENTHOUSE ALUMINUM COMPOSITE PANELS GLASS AND ALUMINUM OVERHEAD SECTIONAL DOOR VINYL WINDOWS STEEL GUARDRAILS WOOD OR SYNTHETIC WOOD SIDING RETAIL ENTRANCEBUILDING HEIGHT63’-3”ESTABLISHED GRADE PERFORATED METAL SCREENS 498 of 629 evanston gateway, LLC | 100 chicago avenue #17.03 | April 11, 2018 exterior elevation - west BUILDINGPLANT YARD SIDEWALK HOWARD ST. ROOF T.O. PENTHOUSE LEVEL 05 LEVEL 04 LEVEL 03 LEVEL 02 LEVEL 01 61’-0” 71’-8” 49’-0” 37’-8” 26’-4” 15’-0” 0’-0” 65’-0” T.O. PARAPET 11’-4”11’-4”11’-4”12’-0”10’-8”15’-0”ALUMINUM COMPOSITE PANELS VINYL WINDOWS MASONRY BUILDING HEIGHT63’-3”499 of 629 evanston gateway, LLC | 100 chicago avenue #17.03 | April 11, 2018 area calculation Project Name:Evanston Gateway Based on 2017 City of Evanston B1-B3 Regulations Project Location:100 North Chicago Avenue, Evanston, IL Lot Area:25,406 Project Number:17.030 Total FAR 3.00 Date:Apr. 11, 2018 Included in FAR Not Incl Building GSF Total Leasable Residential Enclosed Area Units Enclosed Balconies Total Leasable Residential Corridors Retail/office Loadin 1B 2B 2B 1B 1B 2B 2B Total 1BA 2BA 2BA 1BA 1BA 2BA 2BA GSF nsf nsf nsf nsf nsf nsf nsf GSF GSF GSF GSF G "1" "2" "3" "4" "5" "6" "7" penthouse 709 82 4 05 residential 8,382 765 1,125 1,076 732 741 1,034 1,238 669 7,380 479 3 04 residential 8,382 765 1,125 1,076 732 741 1,034 1,238 669 7,380 479 2 03 residential 8,382 765 1,125 1,076 732 741 1,034 1,238 669 7,380 479 1 02 residential 8,382 765 1,125 1,076 732 741 0 0 511 4,950 540 2,374 01 ground floor 7,681 345 4,999 Subtotals 41,918 44444332,518 27,090 2,404 7,373 total units 26 total sellable 27,090 average unit size 1,042 nsf typ. flr. efficiency 88.05% overall efficiency 82.63% Balcony square footage 2,518 gsf Amenity roof deck (exterior) square footage 1,733 gsf Building common area gsf net roof area for building gsf Green roof area for building 2,562 gsf percentage of green roof gsf 500 of 629 evanston gateway, LLC | 100 chicago avenue #17.03 | April 11, 2018 area calculation n B1-B3 Regulations Area:25,406 FAR 3.00 Not Included in FAR Summary Retail/office Loading Bike Parking Mech, elec, data, water Trash Storage + BOH Stairs, elev, and shafts Subtotal Total attributable GSF GSF GSF GSF GSF GSF GSF GSF GSF to FAR Flr. 82 185 442 627 709 82 479 45 17 461 523 8,382 7,859 05 residential 479 45 17 461 523 8,382 7,859 04 residential 479 45 17 461 523 8,382 7,859 03 residential 540 2,374 45 17 456 518 8,382 7,864 02 residential 345 4,999 172 589 301 962 313 2,337 7,681 5,344 GR ground floor ,404 7,373 0 172 954 369 962 2,594 5,051 41,918 36,867 Subtotals 26 ,090 ,042 nsf 05% 63% ,518 gsf ,733 gsf TOTAL GSF 41,918 gsf gsf FAR 3.00 ,562 gsf allowable FAR area 76,220 gsf proposed FAR area 36,867 proposed FAR 1.45 SUBTOTAL: NON-FAR Area:25,406 FAR 3.00 Not Included in FAR Summary Retail/office Loading Bike Parking Mech, elec, data, water Trash Storage + BOH Stairs, elev, and shafts Subtotal Total attributable GSF GSF GSF GSF GSF GSF GSF GSF GSF to FAR Flr. 82 185 442 627 709 82 479 45 17 461 523 8,382 7,859 05 residential 479 45 17 461 523 8,382 7,859 04 residential 479 45 17 461 523 8,382 7,859 03 residential 540 2,374 45 17 456 518 8,382 7,864 02 residential 345 4,999 172 589 301 962 313 2,337 7,681 5,344 GR ground floor ,404 7,373 0 172 954 369 962 2,594 5,051 41,918 36,867 Subtotals 26 ,090 ,042 nsf 05% 63% ,518 gsf ,733 gsf TOTAL GSF 41,918 gsf gsf FAR 3.00 ,562 gsf allowable FAR area 76,220 gsf proposed FAR area 36,867 proposed FAR 1.45 SUBTOTAL: NON-FAR Project Name:Evanston Gateway Based on 2017 City of Evanston B1-B3 Regulations Project Location:100 North Chicago Avenue, Evanston, IL Lot Area:25,406 Project Number:17.030 Total FAR 3.00 Date:Apr. 11, 2018 Included in FAR Not Included in FAR Building GSF Total Leasable Residential Enclosed Area Units Enclosed Balconies Total Leasable Residential Corridors Retail/office Loading Bike Parking 1B 2B 2B 1B 1B 2B 2B Total 1BA 2BA 2BA 1BA 1BA 2BA 2BA GSF nsf nsf nsf nsf nsf nsf nsf GSF GSF GSF GSF GSF GSF "1" "2" "3" "4" "5" "6" "7" penthouse 709 82 4 05 residential 8,382 765 1,125 1,076 732 741 1,034 1,238 669 7,380 479 3 04 residential 8,382 765 1,125 1,076 732 741 1,034 1,238 669 7,380 479 2 03 residential 8,382 765 1,125 1,076 732 741 1,034 1,238 669 7,380 479 1 02 residential 8,382 765 1,125 1,076 732 741 0 0 511 4,950 540 2,374 01 ground floor 7,681 345 4,999 172 Subtotals 41,918 44444332,518 27,090 2,404 7,373 0 172 total units 26 total sellable 27,090 average unit size 1,042 nsf typ. flr. efficiency 88.05% overall efficiency 82.63% Balcony square footage 2,518 gsf Amenity roof deck (exterior) square footage 1,733 gsf Building common area gsf net roof area for building gsf Green roof area for building 2,562 gsf percentage of green roof gsf Project Name: Project Location: Project Number: Date: Bui Enc penthouse 4 05 residential 3 04 residential 2 03 residential 1 02 residential 01 ground floor Subtotals 501 of 629 61-O-18 ~13~ EXHIBIT E Landscape Plans 502 of 629 503 of 629 DRAFT- NOT APPROVED Page 1 of 5 Plan Commission Minutes 4/18/18 MEETING MINUTES PLAN COMMISSION Wednesday, April 18, 2018 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, James C. Lytle Council Chambers Members Present: Colby Lewis (Chair), Terri Dubin, Carol Goddard, George Halik, Peter Isaac, Jolene Saul Members Absent: Patrick Brown, Andrew Pigozzi Staff Present: Meagan Jones, Neighborhood and Land Use Planner Scott Mangum, Planning and Zoning Administrator Michelle Masoncup, Interim Corporation Counsel Presiding Member: Colby Lewis, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Lewis called the meeting to order at 7:03 P.M. 2. NEW BUSINESS A. PLANNED DEVELOPMENT 17PLND-0112 128 – 132 Chicago Avenue Evanston Gateway, LLC is requesting approval of a Map Amendment to rezone the northern portion of the property from the C1 Commercial District to the B3 Business District, a special use for an open sales yard in the B3 Business District and a Planned Development in the B3 Business District to construct a 5-story mixed-use building with approximately 4,999 square feet of indoor ground floor commercial space, approximately 7,000 square feet of outdoor garden/open sales lot, 26 dwelling units and 30 parking spaces. The applicant seeks site development allowances for: number of required parking spaces (30 proposed where 37 are required), for fence location (0 feet setback from street side property line proposed where 2 feet is required), and for parking setbacks from the north and west property lines (0 feet proposed where 5 feet is required). In addition, the applicant may seek and the Plan Commission may consider additional site development allowances as may be necessary or desirable for the proposed development. Ms. Jones presented a brief background on the proposed planned development. 504 of 629 DRAFT- NOT APPROVED Page 2 of 5 Plan Commission Minutes 4/18/18 She provided general development characteristics, proposed public benefits and the staff recommendations and suggested conditions for approval. Katie Janke Dale, attorney for the developer, provided a brief overview and stated that the applicant is in disagreement with several of the proposed conditions including: movement of the metal fence surrounding the open sales area, providing for a parking pay box, and providing funding for pedestrian countdown timers. She stated that the traffic signals are within the City of Chicago jurisdiction and seeking approval for the timers may slow down project completion. David Brown of Evanston Gateway, LLC spoke, stating that the project has been through a year-long process of dialogue with City staff and a community meeting. He then gave an overview of the site and the area then reviewed the Inclusionary Housing Ordinance requirements and what the project is proposing to provide on- site. He then stated that there are a low number of site development allowances and that the proposed on-street parking, if counted, would bring the parking requirement into compliance. He then introduced LaManda Joy who will be taking the lead on the City Grange portion of the development. LaManda Joy, master gardener with the Peterson Garden Project provided a background on the program and gave an overview of City Grange, a for-profit social enterprise. City Grange would be the first education based garden center in the country. She reviewed items that the program will offer, including an organic plant yard, demonstration garden along the Metra embankment, rooftop garden with beekeeping, and a community event space. There will also be a ground level café with seating and a coffee window for quick takeout orders. Approximately 10 to 15 jobs will be created. Michael Wilkinson, architect for the applicant, reviewed the building design and materials along with space usage within the building. Chair Lewis then opened up the hearing to questions from the Commission which included: ● How will security for building residents be handled? Mr. Brown stated that this has not been fully addressed but that there will be gates and entryways that will be closed when the retail space is closed. The 2nd floor office will be a separate space and closed off. ● How will rooftop mechanical equipment be screened? Mr. Brown stated that most of the equipment is located adjacent to the Metra train tracks with a parapet but that, due to the use of the roof, additional penthouse screening will be added. ● How will remediation of the property and replacement of the current parking lot spaces be handled? There will be 9 additional on-street parking spaces as part of the development and land sale agreement so that is not seen as an issue. Also, 505 of 629 DRAFT- NOT APPROVED Page 3 of 5 Plan Commission Minutes 4/18/18 full remediation of the property is planned. Underground tanks will all be removed; Phase I and II have been done. ● What was Metra’s response to the proposed demonstration garden? Mr. Brown replied that Metra has been responsive to their requests. An existing beautification lease between Metra and the City will help facilitate those proposed improvements. ● How was required parking determined for the development? Mr. Mangum stated that the retail portion of the building required 14 spaces, the office use required 1 space (due to first 2,000 sq. ft. not being counted), and that the residential portion required 22 spaces for a total of 37 parking spaces. ● Clarification on the color accents on all facades. Mr. Wilkinson stated that the proposed plans presented to the Commission are the response to the DAPR Committee recommendation. ● Impetus for the proposed on-street parking. Mr. Brown stated that those spaces were part of KLOA’s recommendations and that City staff reviewed the plans and worked out the adequate tapering for the lanes. Chair Lewis then opened the hearing to questions from the public. A total of 3 residents asked questions which included: ● Clarification on how reflections from the planting materials will be addressed to mitigate possible harm to birds. Mr. Brown stated that a LEED consultant had been hired and that this was something that had been looked into prior to DAPR review. DAPR comments have been incorporated. Also glass on balconies has been removed in place of metal railings. ● Clarification on where replacement parking will be if any and when the parking will be terminated for those leasing spaces in the lot. Ms. Mason cup stated that notice will be provided prior to the purchase and closing of the lot. Likely to be in June. The City can make possible alternatives available. Replacement parking will need to be looked into. ● Whether or not revenue from the proposed retail could be used to leverage the cost of affordable units and what options were considered to lower the affordability levels for the on-site units. Mr. Brown stated that the development team made the decision to provide on-site affordable units at 80% AMI versus a fee-in-lieu payment based on what an internal review deemed most feasible. The mission of City Grange would also provide benefits to the same population. Chair Lewis, then opened the hearing to public testimony. A total of 2 people spoke providing the following comments: ● General support of the project and overall improvements made to Howard St. However, there are concerns with regards to the closing of the parking lot. There are long waiting lists for the lot on Chicago Ave. and Howard St. as well as for Lot 51 nearby. Providing parking would add value to the properties in the area. Parking solution should be offered. 506 of 629 DRAFT- NOT APPROVED Page 4 of 5 Plan Commission Minutes 4/18/18 ● Support of the project as it ties the east and west ends of Howard St. together. Callan St. widening provided more parking spaces making it less of an issue. Development on Howard St. in general is helping property values increase. The public benefits of the project balance the low number of site development allowances. Mr. Brown stated that modifications would not help alleviate concerns and the project does help with some of the parking issues with the retail parking and on- street spaces. Commissioner Isaac asked for clarification on why the Special Use for an Open Sales Lot is being asked for, since sales of landscaping equipment is not permitted with the open sales lot use. Mr. Mangum stated that the classification was likely to be conservative in the event of the retail space selling other non-landscaping materials that are offered. Chair Lewis asked what happens to the lot in the winter months. Ms. Joy stated that the lot is intended to be used year round and would likely have holiday landscaping. Commissioner Goddard asked for the cost of the pay boxes. Mr. Mangum clarified that the pay boxes cost $7,000 each. Commissioner Goddard then asked what the reasoning was for including that as part of the development’s public benefits. The Commission then began deliberation. Commissioner Dubin stated that she does not like the idea of asking for pay boxes or countdown timers. Commissioner Goddard agreed, stating those conditions as onerous burdens. Commissioner Halik stated that the proposed development is a good project and commended Ms. Joy for combining The Grange programing with housing. The Commission then reviewed the standards and staff’s recommendations and conditions. Commissioner Isaac recommended that a change be made to staff’s recommendation, removing condition 8 regarding pedestrian countdown timers and adding that the special use be limited to principal use as accessory to the City Grange gardening and landscaping use. A brief discussion followed regarding the recommended conditions, with the Commission determining which to recommend for approval and which to update. Specifically, the Commission discussed conditions 1, 7, 8, 10 and 11 from the staff report. ● Condition 1, regarding relocation of the fence, was thought to be redundant. The Commission agreed to exclude this condition 507 of 629 DRAFT- NOT APPROVED Page 5 of 5 Plan Commission Minutes 4/18/18 ● Condition 7, regarding providing on-street parking pay boxes, may attract commuters who park on the street and leave their car all day. The cost, however, was not thought to be exorbitant. The Commission was split on keeping the item. ● Condition 8, regarding installation of pedestrian countdown timers, was thought to slow down the project process as the traffic signals at all corners of the Howard Street and Chicago Avenue are under the jurisdiction of the City of Chicago. ● Condition 10, regarding the transit tracker screens, was not seen as beneficial for either the public or residents, though it was thought that they could encourage TOD use and be used by customers in the café. ● Condition 11, regarding the addition of accent panels on all facades, seemed to be redundant as it was a recommendation of the DAPR committee and the plans appeared to show that change, Commissioner Goddard made a motion to recommend approval of the proposed planned development with the exclusion of conditions 1, 8 and 10. Commissioner Saul seconded the motion. A roll call vote was taken and the motion was approved, 5-1. Ayes: Dubin, Goddard, Halik, Lewis, Saul. Nays: Isaac 3. OTHER BUSINESS There was no other business. 5. PUBLIC COMMENT There was no public comment. 6. ADJOURNMENT Commissioner Goddard made a motion to adjourn the meeting. Commissioner Saul seconded the motion. A voice vote was taken and the motion was approved by voice call 6-0. The meeting was adjourned at 9:02 pm. Respectfully Submitted, Meagan Jones Neighborhood and Land Use Planner Community Development Department 508 of 629 For City Council meeting of May 14, 2018 Item P4 Ordinance 29-O-18 Amending Title 2, Chapter 8 of the Evanston City Code, “Historic Preservation” For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Erika Storlie, Assistant City Manager/ Acting Director of Community Development Scott Mangum, Planning and Zoning Administrator Carlos D. Ruiz, Senior Planner/Preservation Coordinator Subject: Ordinance 29-O-18, Amending Title 2, Chapter 8 of the Evanston City Code, “Historic Preservation” Date: March 21, 2018 Recommended Action: The Preservation Commission and staff recommend City Council approval of Ordinance 29-O-18, Amending Title 2, Chapter 8 of the Evanston City Code, “Historic Preservation.” Ordinance 29-O-18 was introduced at the April 23, 2018 City Council meeting. Livability Benefits: Education, Arts & Community: Preserve and reuse historic structures and sites. Summary: The City Council adopted the current Preservation Ordinance on March 21, 1994 (12-O- 94). This ordinance authorized the Preservation Commission to conduct binding review on exterior work, when visible from the public way, and when a building permit is required for all properties within designated local Historic Districts and for designated Evanston landmarks. Since April of 2016 the Commission’s Historic Preservation Ordinance Review Subcommittee held fourteen public meetings, ending on January 4, 2018, where the subcommittee with assistance of City staff (Planning and Zoning and Law Department) prepared the draft of the proposed Ordinance 29-O-18. Memorandum 509 of 629 Page 2 of 2 The focus of the text amendment is to update, when appropriate, the language and definitions and also streamline procedures to make it more user friendly for the staff, the Commission, and the public. The original intent and principles of the current Preservation Ordinance have been maintained. Legislative History: March 13, 2018 – The Preservation Commission voted, 9-0, to recommend City Council approval of Ordinance 29-O-18, Amending Title 2, Chapter 8 of the Evanston City Code, “Historic Preservation.” Attachments: Proposed Ordinance 29-O-18 March 13, 2018 Preservation Commission meeting minutes (Draft). 510 of 629 2/6/2018 3/9/2018 3/22/2018 29-O-18 AN ORDINANCE Amending Title 2, Chapter 8 of the Evanston City Code, “Historic Preservation” NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: City Code Title 2, Chapter 8, “Historic Preservation” of the Evanston City Code of 2012, as amended (“City Code”), is hereby amended in its entirety and shall read as follows: CHAPTER 8 - HISTORIC PRESERVATION 2-8-1. - STATEMENT OF PURPOSE. The purpose of this Chapter is to promote the educational, cultural, economic and general welfare of the City by. (A) Identifying, preserving, protecting, enhancing and encouraging the continued utilization and the rehabilitation of such areas, properties,districts, sites, buildings, structures, sites and objects having a special historical, community, architectural or aesthetic interest or value to the City and its citizens, as described in 65 ILCS 5/11-48.2-1. (B) Safeguarding the City's historic and cultural heritage, as embodied and reflected in such areas, properties, districts, sites, buildings, structures, sites and objects determined eligible for designation by ordinance as landmarks and historic districts; (C) Fostering civic pride in the beauty and noble accomplishments of the past as represented in such landmarks and districts; (D) Protecting and enhancing the attractiveness of the City to everyone, including homeowners, home buyers, tenants, tourists, visitors, students, employers, employees, and businesses and shoppers, and thereby supporting and promoting business, commerce, industry and tourism, and providing economic benefit to the City; (E) Fostering and encouraging preservation, restoration and rehabilitation of areas, properties, districts, sites, buildings, structures, sites and objects, including entire districts and neighborhoods, and thereby preventing future urban blight and urbanneighborhood deterioration; 511 of 629 29-O-18 ~2~ (F) Fostering the education, pleasure, and welfare of the people of Evanston through the designation of landmarks and districts; (G) Encouraging orderly and efficient development that recognizes the special value to the City of the protection of areas, properties,protecting districts, sites, buildings, structures, sites and objects as landmarks and districts; (H) Continuing the preparation of surveys and studies of Evanston's historical and architectural resources and maintaining and updating a register of areas, properties, districts, sites, buildings, structures, sites and objects that may be worthy of landmark designation; and (I) Encouraging public participation in identifying and preserving historical and architectural resources through public hearings on proposed designations, work as well as reviewing and recommending applications for certificates of appropriateness (“COA”) applications, and economic hardship, or and special merit applications. 2-8-2. - DEFINITIONS. In the event of a conflict between the following definitions and the definitions included in any other ordinance of the City of Evanston, the following definitions shall control: ALTERATION. Any act or process requiring a building permit or demolition permit, or any act or process included in Subsection 2-8-8(A)2 of this Chapter, that changes one or more of the historic, cultural, architectural or archaeological features of a district,an area, property, structure, site or object, including, but not limited to, the erection, construction, reconstruction, or relocation, land altering activity, or subdivision of any property, site, building, structure or object, or any part of a property,site, building, structure or object, or land altering activities. APPLICANT. A person who submits an application for issuance of a certificate of appropriateness, certificate of economic hardship or certificate of special merit; recommendation for planned development, subdivision, re-subdivision, or consolidation; appeals; or landmark and historic district nominations. APPLICATION. A form submittedsubmission for approval of alteration, construction, demolition or relocation that requires issuance of a certificate of appropriateness, certificate of economic hardship or certificate of special merit; a recommendation for planned development, subdivision, re-subdivision, consolidation; appeals; or landmark and historic district nominations. 512 of 629 29-O-18 ~3~ AREA. A specific geographic division of the City of Evanston. BUSINESS DAY. A day on which the Division of Planning and Zoning is open for business. CERTIFICATE OF APPROPRIATENESS. A certificate issued by the Commission indicating review and authorization of plans for alteration, construction, demolition, or relocation of a landmark, or property,site, building, structure, site or object within a district. CERTIFICATE OF ECONOMIC HARDSHIP. A certificate issued by the Commission after a determination by the Commission that the previous denial of a certificate of appropriateness has resulted in a denial of all reasonable use of and return from the site, building, structure, or object or property. CERTIFICATE OF SPECIAL MERIT. A certificate issued by the City Council, after the Commission’s previous denial of a certificate of appropriateness has previously been denied by the Commission, upon a determination by the City Council that athe proposed project meets the criteria and standards in Subsections 2-8-11(B) and (C) of this Chapter. COMMISSION. The Evanston Preservation Commission. COMMISSIONERS. PersonsAn individual appointed by the Mayor, with the advice and consent of the City Council, to the Evanston Preservation Commission. CONSTRUCTION. The act of adding an addition onto an existing structure or the erection erecting of a new principal or accessory structure on a property or site that requires a building permit. CONTRIBUTING SIGNIFICANCE. A classification applied to an area, property a site, building, structure, site or object within a local historic district signifying that it contributes generally to the qualities that give the district historic, cultural, architectural or archaeological significance as embodied in the criteria for designating a district. An area, propertyA site, building, structure, site or object can be contributing even if it has been altered, as long as it maintains the character defined for the district. 513 of 629 29-O-18 ~4~ COUNCIL or CITY COUNCIL. The City Council of the City of Evanston, Illinois. DAPR The City of Evanston Design and Project Review Committee DEMOLITION. Any act or process that destroyspermanently removes all or any structural or visible architectural part of an exterior wall, foundation, interior or exterior column or load bearing wall, roof structures, or any structural or visible architectural part of a landmark or a propertysite, building, structure, site or object, located within a local historic district. DESIGN GUIDELINE. Any design standard specified by the Commission for alteration, construction, or relocation that is unique to a particular landmark or district to be used in conjunction with other design standards for review in this Chapter, and the United States Secretary of Interior's "Standards for Rehabilitationthe Treatment of Historic Properties," as amended. DEVELOPMENT PLAN. A comprehensive plan, approved by the City Council, for the development of a specific site, which includes a written description of the structure or structures to be constructed on the site and the intended use of the structures. DevelopmentA development plan includes, but is not limited to, any plan approved as a "planned development" (as defined in the City's Zoning Ordinance), and thea plan approved by City Council for the Northwestern University/Evanston Research Park. DISTRICT. An identifiable area with definable boundaries designated as an "Historic District" by the Council and in which a significant number of the properties, structures, sites or objects have a high degree of historic, cultural, architectural or archaeological significance and integrity. Many of the properties, structures, sites or objects included in the district may qualify as landmarks and may or may not be contiguous. For purposes of this Chapter, and unless otherwise expressly provided by Council in the ordinance for designation, all designations shall presumptively include the lot(s) of record associated with structures and objects located in the district. 514 of 629 29-O-18 ~5~ DIVISION OF BUILDING AND INSPECTION SERVICES: The Evanston Division of Building and Inspection Services, a division of the Department of Community and Economic Development. DIVISION OF PLANNING AND ZONING. The Evanston Division of Planning and Zoning, a division of the Department of Community & Economic Development. ENTITY. A corporation, limited liability company, governmental agency, business trust, estate, trust, partnership, or association having a single or joint or common interest. EXTERIOR ARCHITECTURAL APPEARANCE. The architectural character and general composition of the exterior of a propertysite, building, structure or object, visible from a public street or public way, including but not limited to the kind and texture of the building material and the type, design and character of all architectural details and elements, including, but not limited to, roofs, eaves, windows, walls, doors, stairs, balustrades, railings, light fixtures, trim and signs. For purposes of this Chapter, public way does not include Lake Michigan. LAND ALTERING ACTIVITY. Any act or process requiring a permit that changes one or more of the historic, cultural, architectural, or archaeological features of an area, district, property, or site, including but not limited to, berming, scraping, leveling, grading, pile driving, excavating, paving, hard scape, and compacting. LOCAL HISTORIC DISTRICT. An identifiable area with definable boundaries designated as "Historic District" by the City Council and in which a significant number of the sites, buildings, structures, or objects have a high degree of historic, cultural, architectural or archaeological significance and integrity. Many of the sites, buildings, structures, or objects included in the district may qualify as landmarks and may or may not be contiguous. For purposes of this Chapter, and unless otherwise expressly provided by Council in the ordinance for designation, all district designations shall presumptively include all of the lot(s) of record associated with sites, buildings, structures, and objects located in the district. 515 of 629 29-O-18 ~6~ LOCAL LANDMARK. A property building, structure, site or object designated as a "landmark" by the Council that has a high degree of historic, cultural, architectural or archaeological significance to the City of Evanston. For purposes of this Chapter and unless otherwise expressly provided by Council in the ordinance for designation, all designations shall presumptively include the lot(s) of record associated with the structure or object designated as a landmark. LOT OF RECORD. Parcel of land that is part of a subdivision, the plat of which has been recorded in the office of the Recorder of Deeds of Cook County, or a parcel of land, the deed to which has been recorded in the office of the Recorder of Deeds of Cook County. MEMBERS. Ex officio and associate membersMembers of the Evanston Preservation Commission. NOMINATOR. A person, or persons or entity who submit a form for the designation of a local landmark or local historic district. NONCONTRIBUTING. A designation applied to a propertysite, building, structure, site or object within a district indicating that it is not a representation of the qualities that give the district historic, cultural, architectural or archaeological significance as embodied in the criteria for designating a district. OBJECT. Anything constructed, fabricated or created, the use of which does not require permanent or semi-permanent location on or in the ground, and can be moved from one location to another, including without limitation: ships, boats, railroad cars, automobiles, wagons, tractors, statues and works of art. OWNER OF RECORD. For purposes of this Chapter, owner of record shall mean any person having a legal or equitable interest in a property. The owner of record shall be established by reference to the most current property tax assessment rolls as maintained by the Assessor of Cook County. PERSON. An individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two (2) or more personsOne (1) or more individuals or entities having a joint or common interest, or any other legal 516 of 629 29-O-18 ~7~ entity. PLAN COMMISSION. The Evanston Plan Commission. PROJECT. Any alteration, construction, demolition or relocation of an area, propertysite, building, structure, site or object. PROPERTY. Land and structures or land and objects identified as a separate lot for purposes of the subdivision and zoning regulations of the City of Evanston. A site, building, structure, or object and any associated land or lot of record. RELOCATION. Any repositioning of a building, structure, or object on its site or to another site. REPAIR. Any change, repair, restoration to an area, propertysite, building, structure, site or object that is not alteration, construction, relocation or demolition. RULES. The rules and procedures of the Evanston Preservation Commission. SITE. The location of an eventa building, activity, structure, object, activity or eventobject. STRUCTURE. Anything constructed or erected, the use of which requires, directly or indirectly, a permanent location on or in the ground, including without limitation buildings, garages, fences, gazebos, fountains, solar panels, water features, mechanical equipment, signs, billboards, antennas, satellite sending or receiving dishes or towers, swimming pools, walks, walls, steps, sidewalks and works of art. 2-8-3. - EVANSTON PRESERVATION COMMISSION. (A) Composition. 1. The Evanston Preservation Commission is hereby reestablished, and the same shall consist of up to eleven (11) citizen members, each of whom shall reside in the City, and shall have demonstrated interest, knowledge, ability, and experience or expertise in architectural restoration, rehabilitation or neighborhood conservation or revitalization. The membership positions shall be filled by appointment by the Mayor with the 517 of 629 29-O-18 ~8~ advice and consent of Council. Each Commissioner shall have one (1) vote. 2. Ex Officio Members and Associates Members. (a) In addition to the Commissioners appointed pursuant to Subsection 2-8-3(B), the following persons or their designee shall be deemed ex officio members of the Commission. (1) The Mayor. (2) A member of the Council. (3) A member of the Evanston Plan Commission. (4) The Director of the Department of Community and Economic Development Department. (5) The City Manager. (6) The Director of Public Works Agency. (b) The Commissioners may from time to time elect associate members of the Commission utilize the assistance of other residents of the City (including former Members) whose expertise and interest shall be deemed necessary or desirable to further the work of the Commission. (1) Associate members shall serve for a period of one year, and shall be eligible for re-election. (2) Associate members shall be residents of the City. (c) All Ex Officio members (and other associates who are not current Members) shall be nonvoting. (B) Appointment, Terms, Vacancies and Relocation. 1. Commissioners shall be appointed by the Mayor with the advice and consent of Council for terms of three (3) years. Appointments shall be staggered so that the terms of not more than four (4) Commissioners shall expire in any calendar year. A Commission member may be reappointed only once. When a vacancy is created by the resignation or death of a member prior to the expiration of that member's term, the member appointed to fill this vacancy shall be appointed to a full term. 2. When a vacancy is created by the removal, resignation, or death of a member prior to the expiration of that member’s term, the memb er appointed to fill this vacancy shall be appointed to a full term. 2.3. Commissioners shall not be eligible to serve more than two (2) consecutive full terms. Each commissioner serving on the commission at the time of the adoption of this chapter shall be allowed to continue to serve through the end of his/her term. 3. Permanent vacancies on the commission shall be filled by the Mayor with the advice and consent of Council for the unexpired term of the former commissioner. 4. Any commissioner may be removed from office at any time by the Mayor for failure to regularly attend meetings or inattention to duties and responsibilities. (C) Compensation. Commissioners and members shall serve without compensation. (D) Officers. 518 of 629 29-O-18 ~9~ 1. Officers of the commission shall consist of a chair, vice chair, and secretary elected by the commissioners at the January meeting of the Commission. 2. The chair, vice chair and secretary and any other officers of the Commission shall be elected by the Commission and shall serve a term of one year and shall be eligible for re-election. The secretary shall keep the minutes and a permanent record of all resolutions, motions, transactions and determinations. Such records, unless exempt from disclosure by legislation, shall be public records open to inspection during working hours upon reasonable notice. The secretary shall publish and distribute copies of the minutes, reports and decisions of the Commission to commissioners and members and to others that have been approved by the Commission. The duties of the secretary may be delegated to the City Manager or his/her designee by the chair, vice chair or a majority of the commissioners. 3. In the absence of the chair, the vice chair shall act as chair and shall have all the powers of the chair. The vice chair shall have such other powers and duties as may from time to time be provided by the rules of the Commission. 4. If an officer’s term expires prior to the annual January election, a new officer will be elected by the commissioners to serve until the annual election of officers. (E) Meetings, Hearings, Procedures and Decisions. 1. Regular meetings of the Commission shall be held no less frequently than monthly, unless prevented by lack of a quorum or lack of applications for review. Special meetings may be called by the chair or any three (3) commissioners. All meetings, hearings and deliberations shall be open to the public except as may be provided for in the Illinois Open Meetings Act. Testimony at any hearing may be required by the Commission to be given under oath. 2. The Commission shall adopt its own procedural rules for the conduct of its business not inconsistent with the statutes of the state, this Chapter and the Council rules. Such rules shall be filed with the secretary to the Commission and with the City Clerk. Any rule so adopted which relates solely to the conduct of hearings, and which is not required by the statutes of the state or by the City Ccouncil or by this chapter, may be waived by the chair upon good cause being shown. 3. The Commission, by its rules, may create a subcommittee structure to enhance efficiency in consideration of cCommission business. 4. No motion shall be passed by the Commission which could in any manner deprive or restrict the owner of a property, structure, site or object in its use, alteration, maintenance, disposition or demolition until such owner or their representative shall first have had the opportunity to be heard at a public meeting of the Commission. 5. Every final decision of the Commission and every recommendation it makes to the City Council or its duly authorized committee shall include 519 of 629 29-O-18 ~10~ written findings of fact, and shall specify the reason or reasons for such decision or recommendation. 6. The secretary or designated staff shall mail provide notice of any decision of the Commission to the applicant and any designated interested parties within five (5) business days of such decision. 7. A quorum shall consist of six (6)a majority of the currently appointed commissioners for any regular or special meeting. A meeting of the Commission cannot be called to order without establishment of a quorum. (F) Conflicts of Interest. No commissioner or member shall participate in the hearing or disposition of any matter before the Commission in which he/she has a pecuniary interest. Further, commissioners and members of the commission are subject to the Evanston code of ethics, as amended, Title 1, Chapter 10 of this Code. (G) Powers and Duties. The Commission shall have the following powers and duties: 1. To conduct an ongoing survey to identify historically, culturally, architecturally and archaeologically significant areas, propertiesdistricts, sites, buildings, structures, sites and objects. 2. To investigate and make recommendations to t he City Council or its duly authorized committee concerning the adoption of ordinances designating areas, propertiesdistricts, sites, buildings, structures, sites and objects as landmarks and districts. 3. To keep a register of all areas, propertiesdistricts, sites, buildings, structures, sites and objects that have been designated as landmarks or districts by City Council and by ordinance, including all information required as part of each designation. 4. To create an appropriate system of plaques for identification of individual landmarks and make recommendations for the design and implementation of specific marking of streets and routes leading from one landmark or district to another, or marking the limits of the district. 5. To advise and assist owners of landmarks and properties, structures, sites or objects within districts on technical aspects of preservation, renovation, rehabilitation and reuse, and for procedures for listing in other registers of significant areas, propertiesdistricts, sites, buildings, structures, sites and objects, including the National Register of Historic Places. 6. To nominate areas, propertiesdistricts, sites, buildings, structures, sites and objects to the National Register of Historic Places and to the Illinois Register of Historic Placesor other state or local designation and to guide owners in the processes of nominating their properties to the National Register of Historic Places and the Illinois Register of Historic Placesor other state or local designation. 7. To participate in the "Ccertified Llocal Ggovernment" program of the National Historic Preservation Act, as amended, and the IllinoisState Historic Preservation AgencyOffice; and carry out any responsibilities delegated to the Commission under that program, including review and comment on any National Register nominations submitted to the Commission upon request of the Council, attendance at informational and 520 of 629 29-O-18 ~11~ educational programs sponsored by the IllinoisState Historic Preservation AgencyOffice, and preparation of an annual report of the activities of the Commission. 8. To inform and educate the citizens of Evanston concerning the historic, cultural, architectural and archaeological heritage of the City by publishing appropriate maps, newsletters, brochures and pamphlets, and by sponsoring programs and seminars. 9. To prepare and distribute application forms for the review of proposed alterations, constructions, demolitions or relocations; to hold meetings and public hearings to review applications for certificates of appropriateness affecting proposed or designated landmarks and districts; to approve or disapprove the issuance of certificates of appropriateness; and to submit written findings regarding any project that is the subject of an appeal from a Commission decision to the Council or its duly authorized committee. To prepare comments on preservation related projects to applications for DAPR or other city internal design review processes. 10. To consider applications for certificates of economic hardship; to hold meetings and public hearings to review applications for certificates of economic hardship affecting proposed or designated landmarks and districts; to approve or disapprove the issuance of certificates of economic hardship and to submit written findings regarding any project that is the subject of an appeal from a Commission decision to the Council or its duly authorized committee. 11. To review applications for certificates of special merit; to hold meetings and public hearings to review applications for certificates of special merit affecting proposed or designated landmarks and districts; and to submit written findings regarding any project that is the subject of an application for a certificate of special merit to the Council or its duly authorized committee. 12. To consider applications for subdivision, re-subdivision or consolidation of areas, properties or sites affecting proposed or designated landmarks and districts; to hold meetings and public hearings to review such applications; and to make advisory recommendations to the council or its duly authorized committee regarding such applications. 13. To review applications for planned developments, major zoning variances, and special uses that affect the exterior of designated landmarks structures or structures in historic districts and that are visible from the public way, not to include Lake Michigan; to hold meetings and public hearings and/or joint meetings and public hearings with the Plan Commission and/or Zoning Board of Appeals to review applications for planned developments, major zoning variances, and special uses affecting proposed or designated landmarks and districts; and to make advisory recommendations to the Zoning Board of Appeals, Plan Commission and/or the Council or its duly authorized committee regarding the planned development, major zoning variance, or special use application. 521 of 629 29-O-18 ~12~ 14. To develop a description of critical features for review of alteration, construction or relocation of landmarks or properties, structures, or objects in districts consistent with the Secretary of Interior's "Standards For Rehabilitation Offor the Treatment of Historic Properties", as amended. 15. To review proposed planned development applications, zoning amendments, applications for conditional uses, applications for zoning variances, or applications for fences that affect proposed or designated landmarks andor districts. 16. To review and consider applications for landmark rescissions and to submit written findings regarding landmark rescission. The Commission shall consider whether the landmark or district no longer meets the criteria for designation, and make a recommendation to the Council or its duly authorized committee as provided in Subsection 2-8-5(E), including a report concerning whether the landmark or district does or does not continue to retain significance and integrity. 16.17. To administer, on behalf of the City, any property or full or partial interest in property, including preservation or conservation easements, that the City may have or accept as a gift or otherwise, upon authorization and approval by the Council. 17.18. To apply for, accept, and administer on behalf of the City such gifts, grants and money as may be appropriate for the purposes of this Chapter, upon authorization and approval by the Council. 18.19. To call upon available City staff members as well as other experts for technical advice. 19.20. To testify before all boards and commissions, including DAPR, the Plan Commission and the Zoning Board of Appeals, on any matter affecting historically, culturally, architecturally or archaeologically significant areas, sites, structures and objects. 20.21. To confer recognition upon the owners of landmarks or properties, structures, sites, or objects within districts or other historic preservation efforts by means of certificates, plaques, markers or awards. 21.22. To assist in the development, review or amendment of a preservation component in the Ccomprehensive general Pplan of the City. 22.23. To periodically review the zoning ordinance of the City, and to make recommendations to the Council concerning any amendments appropriate for the protection and continued use of landmarks or properties, structures, sites or objects within districts. 23.24. To review and comment to the appropriate department or agency concerning City projects or activities affecting landmarks or districts or areas, properties, structures, sites or objects eligible for designation as landmarks or districts. 24.25. To provide by rules for circumstances under which the City Manager or his/her designee may administratively review and issue certificates of appropriateness for certain routineapplications for minor kinds of work 522 of 629 29-O-18 ~13~ applications without formal review and approval by the commission itself, in accordance with the Commission’s rules and procedures. 25.26. To prepare a list of areas, properties, structures, sites or objects eligible for designation as a landmark or district. 26.27. To adopt its own procedural regulationsrules and procedures. 27.28. To file a petition with the Community Development Department requesting that the Community Development Department proceed to take action against any owner of record or any other appropriate person or persons in connection with a landmark or property, structure, site or object within a district that is reasonably believed to be in violation of the building code of the City. 28.29. To consider applications for signs affecting proposed or designated landmarks and districts; to hold meetings and public hearings to review such applications; and to make advisory recommendations to DAPR the sign review and appeals board regarding such applications. 29.30. To undertake any other action or activity necessary or appropriate to the implementation of its powers and duties or to implementation of the purposes of this Chapter. 2-8-4. - CRITERIA FOR DESIGNATION. Every nominated landmark or district must meet one 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 a district, site, building, 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 an event or activity that is significant to the broad patterns of history of the City, State, Midwest region, or the United States, 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, State, Midwest region or the United States; 3. Its exemplification of an architectural type, style, or design, or type of construction 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, developer, or builder whose individual work is significant in the history or development of the City, the State, 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; 523 of 629 29-O-18 ~14~ 6. Its association with important cultural, or social, political, or economic aspects or events in the history of the City, the State, the Midwest region or the United States; 7. Its location as a site of an important historic or prehistoric archaeological resource; 8. Its representation of an historic, cultural, architectural, archaeological or related theme expressed through distinctive areas, properties districts, sites, buildings, 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; 10. Its exemplification of a pattern of neighborhood development or settlement significant to the cultural history or traditions of the City, whose components may lack individual distinction. (B) Integrity of Landmarks and Districts. Any area, property district, site, building, structure, site or object that meets any one or more of the criteria in Subsection 2-8-4(A) shall also havepossess sufficient integrity of location, design, setting, materials, and workmanship, to make it worthy of preservation or restoration feeling, and association to convey its historic significance. 2-8-5. - NOMINATION, CONSIDERATION AND DESIGNATION OF LANDMARKS AND DISTRICTS. (A) Initiation of Nomination. Nomination of an area, propertyLocal nomination of a district, building, structure, site or object for consideration and designation as a landmark or district shall be submitted to the Commission on a form prepared by the Commission, and may be submitted by any of the following: 1. A Commissioner or member of the Commission. 2. A member of the Plan Commission. 3. A member of the Council. 4. The Mayor. 5. Any resident of the City. 6. Any not-for-profit organization with its principal place of business in the City. 7. An owner of record. (B) Withdrawal of Nomination. A nomination may be withdrawn by the person or persons who submitted the nomination form at any time prior to the Commission scheduling a public hearing under Subsection 2-8-5(C). Requests for withdrawal of a nomination after the Commission schedules a public hearing shall be granted only upon an affirmative vote of at least eight (8)six (6) Commissioners. (C) Notification of Nomination and Public Hearing. 1. Owners of record shall be notified, by regular mail, of completion and submission of a nomination form within ten (10)fifteen (15) business days of receipt of the nomination. 2. The Commission shall schedulehold a public hearing on the nomination within forty five (45)ninety (90) days following receipt of the completed 524 of 629 29-O-18 ~15~ nomination form, subject to continuances granted by the Commission. Notice of the time, place and purpose of such hearing shall be given by the Commission at least five (5) business days prior thereto by the following methods: (a) By mailing of notification to each owner of record of a nominated landmark or owner of record of a property, structure, site or object in a nominated district; and (b) By mailing of notification to every association of residents or owners that has registered with the Commission for this purpose. (D) Procedure. The hearing shall be conducted in accordance with the pertinent Section of the rules of the Commission. The Commission shall consider all testimony or evidence relating to the designation criteria in Subsections 2-8-4(A) and (B), from any person who makes written submissions or appears at the public hearing. The owner of any nominated landmark or of property a building, structure, site, lot of record, or object within a nominated district shall be allowed reasonable opportunity to present testimony or evidence concerning the applicability of the designation criteria in Subsections 2-8-4(A) and (B). (E) Recommendation by Commission. Within thirty five (35)seventy (70) days following the close of the public hearing, the Commission shall make a determination upon the evidence as to whether the nominated landmark or district does or does not meet the criteria for designation in Subsections 2-8-4(A) and (B). If the Commission determines that the nominated landmark or district does meet the criteria for designation, the Commission shall direct the City Manager or his/her designee to transmit its recommendation to the Council or its duly authorized committee. Such a recommendation shall be passed by a resolution of the Commission and shall be accompanied by a report to the Council or its duly authorized committee containing 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; 2. Explanation of the integrity or lack of integrity of a nominated landmark or district; 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; 4. Proposed design guidelines, if any, for review of alteration, construction, demolition or relocation; 5. A map showing the location of the nominated landmark or the boundaries of the nominated district; and 6. A list, including the address, of every property, structure, site and object in each nominated district classifying each as being of contributing significance or noncontributing significance based on their degree of historic, cultural, architectural or archaeological significance. If the Commission fails to make its recommendation within thirty five (35)seventy (70) days following the close of the public hearing or if the Commission finds that the nominated landmark or district does not meet the criteria for designation, the nomination process shall end. If the Commission fails to make its 525 of 629 29-O-18 ~16~ recommendation within thirty five (35)seventy (70) days following the close of the public hearing or if the Commission votes not to recommend a proposed designation to the Council or its duly authorized committee, the Commission may not reconsider the proposed designation, except as provided in Subsection 2-8- 5(H), for a period of two (2) years from the date of the passage of the thirty five (35)seventy (70) days from the close of the public hearing or the date of the negative Commission vote, whichever is applicable. (F) Notification of Commission Recommendation. Notice of the recommendation of the Commission, including a copy of the report, shall be transmitted to the Council or its duly authorized committee and sent by regular mail to the owner of record of a nominated landmark and to all owners of record within a nominated district, and to the nominator within five (5)fifteen (15) business days following adoption of the resolution and report. (G) Designation by Council. 1. The Council shall, within one hundred twenty (120) days after receiving the recommendations of the Commission regarding the nominated landmark or district, and without further required public hearing, either designate the landmark or district by ordinance or reject designation by resolution. In reaching its decision the Council shall review the evidence and testimony presented to the Commission together with any comment from subsequent public hearings. Should Council fail to reach a decision within one hundred twenty (120) days after receiving the recommendations from the Commission, the interim protection provided under Section 2-8-7 shall no longer be enforceable and the nomination shall be deemed denied. 2. The designation of a nominated local landmark or district, shall require the affirmative vote of a simple majority the members of Council. 3. Notice of the Council's approval of the designation ordinance and effective date of the action of the Council shall be provided by regular mail to the nominator, the owner of record of the nominated landmark, or owners of record of all properties within the nominated district. The notice shall include a copy of the designation ordinance and shall be sent within five (5)fifteen (15) business days following notification ofby the Division of Planning and Zoning. A copy of each designation ordinance shall be sent to the Commission, the Plan Commission and the Division of Building and Inspection Services. 4. If the Council has refused to designate a proposed landmark or district, the Commission may not reconsider the proposed designation, except as provided in Subsection 2-8-5(H), for a period of two (2) years from the date of the Council's refusal to designate. (H) Reconsideration of Previously Nominated Landmarks and Districts. The Commission may reconsider previously nominated landmarks and districts within a period of two (2) years of the Commission's failure to make its recommendation within thirty five (35)seventy (70) days of the close of the public hearing under Subsection 2-8-5(C) or of the Commission's finding that the 526 of 629 29-O-18 ~17~ nominated landmark or district does not meet the criteria for designation or of the Council's refusal to designate the proposed landmark or district only where: 1. Significant new information concerning the previously nominated landmark or district relating to the criteria for designation, under Section 2- 8-4, is provided, and 2. The Commission votes by an affirmative vote of at least eight (8)six (6) Commissioners to reconsider the previously nominated landmark or district. 2-8-6. - AMENDMENT AND RESCISSION OF DESIGNATION. (A) Designation may be amended or rescinded, only after a period of two (2) years following the designation, upon petition to the Commission and compliance with the same procedures and according to the same criteria set forth herein for designation as follows: 1. Petitions for amendment or rescission of a designation may be submitted by the same persons authorized to submit nominations pursuant to Subsection 2-8-5(A). Petitions for amendment or rescission of a designation shall clearly identify those irreversible alterations occurring subsequent to the date of designation that have affected the significance or integrity of the landmark or district. Petitions shall also identify the new information obtained since the date of designation that has affected the understanding of the significance of the landmark or district. 2. Petitions shall not use the following as justification for amendment or rescission: a. Alterations made in accordance with a Certificate of Appropriateness; b. Alterations made following appeal to the Council; c. Alterations made in accordance with an administrative approval. 2.3. Properly submitted petitions are referred to the Commission for public hearing as provided in Subsection 2-8-5(C). 3.4. In the case of a rescission of a landmark designation or part or all of a district designation, the Commission shall consider whether the landmark or district no longer meets the criteria for designation, and make a recommendation to the Council or its duly authorized committee as provided in Subsection 2-8-5(E), including a report concerning whether the landmark or district does or does not continue to retain significance and integrity. (B) The Council shall rescind or amend a designation only after all of the above procedures have been followed. The Council shall rescind a designation only upon a finding that the designated landmark or district no longer meets the criteria for designation in Section 2-8-4. 2-8-7. - INTERIM PROTECTION FOR NOMINATIONS. (A) An area, propertyA district, site, building, structure, site or object nominated but not yet designated as a landmark or district shall be subject to all the protection provided by this Chapter at the time of submission of a completed nomination to 527 of 629 29-O-18 ~18~ the Commission. A certificate of appropriateness shall be required and obtained for any alteration, construction, demolition or relocation affecting the exterior architectural appearance of a nominated landmark, in the same manner as required for designated landmarks. A certificate of appropriateness shall be obtained for every demolition or relocation of a structure in a nominated district in the same manner as required for designated districts. (B) Alteration, construction, demolition or relocation commenced pursuant to a permit properly issued prior to submission of a nomination to the Commission shall not require a certificate of appropriateness unless such permit has expired, been cancelled of revoked, or the work is not diligently proceeding to completion. (C) The exceptions to the effects of designation found in Section 2-8-14 shall apply to nominated areas, propertiesdistricts, sites, buildings, structures, sites and objects. (D) In reviewing applications for certificates of appropriateness affecting nominated landmarks and areas, propertiesdistricts, sites, buildings, structures, sites and objects in districts during the period of interim controls, the Commission shall review such applications based on the criteria set forth in Section 2-8-9. 2-8-8. - CERTIFICATE OF APPROPRIATENESS. (A) Actions requiring certificate. A certificate of appropriateness shall be required before the following actions affecting the exterior architectural appearance of any landmark or property, structure, site or object within a district may be undertaken: 1. Any alteration, construction or relocation requiring a building permit from the City. 2. Any alteration, construction or relocation that involves the following: (a) Replacement of windows or doors. (b) Addition or replacement of storm windows or doors. 3. Any demolition in whole or in part or land altering activities requiring a permit from the City. (B) Applications for certificate of appropriateness. 1. It shall be unlawful to undertake any of the work specified in Subsection (A) of this Section without first obtaining a certificate of appropriateness from the Commission. Applications for a certificate of appropriateness shall be made on a form prepared by the Commission, and shall be submitted to the Commission. 2. Application forms shall be available from the Commission and the DepartmentDivision of Building and PropertyInspection Services. Applicants may be required to submit plans, drawings, elevations, specifications, and other information as may be necessary for the Commission to adequately review the application. 3. The Commission shall transmit a copy of the application to the DepartmentDivision of Building and PropertyInspection Services within five (5) business days following receipt of a properly completed application. The DepartmentDivision of Building and PropertyInspection Services shall not act upon any permit until the Commission has reviewed the work application and issued a certificate of appropriateness. 528 of 629 29-O-18 ~19~ (C) Review by Commission. 1. The Commission shall review the application and vote to issue or deny the application within forty five (45) days following receipt of the application. The time to consider the application may be extended with the consent of the applicant. The secretary of the Commission or designated staff shall providenotify, by regular mail, the applicant and the owner of record of the time and place of any Commission meeting to consider the application at least five (5) business days prior to the meeting. The applicant or his/her authorized representative shall be allowed to appear and present testimony in regard to the application. 2. The Secretary or his/her designee The City will provide notice, through the use of a third party service, by first class mail to shall also notify, by regular mail, certain affected neighbors of those meetings wherein the Commission shall review applications for Certificates of Appropriateness for any of the following activities: additions to existing structures; construction of new primary structures; relocation of existing primary structures and/or secondary structures; demolition of significant and/or contributing primary structures. Such notice shall be sent to all owners, whose addresses appear on a the current tax assessment list as provided by the City provided by the applicant, of real property located within a radius of two hundred fifty feet (250') of the subject property. Said distance shall include open space, roads, streets, alleys and other rights- of-way. Such notice shall be sent at least five (5) business days prior to the meeting. The applicant must pay any and all fees and postage associated with mailing such notice pursuant to this Section. The City reserves the right to provide the aforementioned notice by first class mail where the Zoning Administrator finds it necessary. The applicant shall pay the City a fee, equivalent to the then-current first class postage rate as determined by the U.S. Postal Service, for each such notice sent. The failure of delivery of such notice shall not invalidate any such hearing. (D) Approval by Commission. If the Ccommissioners votes to approve the application, its action shall be the final administrative decision upon the application. The certificate of appropriateness shall be issued to the applicant within five (5) business days following the decision of the Commission. Upon receipt of the certificate of appropriateness the applicant may complete an application to the Department of Community Development and thePlanning and Zoning and DepartmentDivision of Building and PropertyInspection Services to obtain necessary permits, if any. The certificate of appropriateness shall be valid for a period of one hundred eighty (180) days from the date of issuance by the Commission. Certificates of appropriateness shall not be transferable from the applicant to another subsequent owner of the same property without the consent of the Commission. (E) Disapproval by Commission. If the Ccommissioners votes to disapprove the application, the applicant shall be notified within five (5) business days and the notice shall be accompanied by recommendations to the applicant concerning what changes, if any, in the plans and specifications for the proposed alteration, 529 of 629 29-O-18 ~20~ construction, relocation or demolition would protect the distinctive character of the landmark or district and that would cause the Commission to consider approvalreconsider the application. The Commission shall make reasonable efforts to confer with the applicant, offer technical guidance, and attempt to resolve differences. The applicant may resubmit an amended application based upon the recommendations of the Commission. (F) Administrative approvals. Certificates of appropriateness related to applications for certain routine or emergency kinds of work applicationsor minor zoning variances, as specified by the Commission in its rules, shall be provided upon review and approval by the City Manager or his/her designee. If the City Manager or his/her designee disapproves the proposed work, the applicant may apply to the Commission for review of the application for the certificate of appropriateness under Subsection (C) of this Section. (G) Appeals. 1. Any applicant, following a denial of a certificate of appropriateness by the Commission, may, within thirty (30) days of the denial apply for appeal to the Planning and Development Committee of the Council. 2. An application for appeal shall be submitted to the Commission on a form prepared by the Commission. Within five (5) business days of submission of an application for appeal by the applicant to the Commission, the Commission shall transmit the application to the Planning and Development Committee of the City Council. 3. If no motion to accept the application for appeal is made and adopted at the meeting of the Planning and Development Committee immediately following receipt of the findings and decision of the Commission and the application for appeal, the decision of the Commission shall be final and may be appealed to the Circuit Court of Cook County. 4. If a motion to accept the application for appeal is made and adopted at the meeting of the Pplanning and Ddevelopment Ccommittee held immediately following receipt of the findings and decision of the Commission and the application for appeal, the Planning and Development Committee must affirm, modify or reverse the decision of the Commission within forty five (45) days of the date of approval of the motion to accept the appeal. 5. The Planning and Development Committee shall review the appeal solely on the basis of the record and application of the appropriate standards included in Section 2-8-9 of this Chapter. 6. Denial or grant by the Planning and Development Committee of a certificate of appropriateness is considered a final decision and may be appealed to the Circuit Court of Cook County. 7. The authority to review, grant, and/or deny appeals of certificates of appropriateness pursuant to this Subsection (G) shall vest in the Planning and Development Committee so long as the membership of said Committee consists of all seated Aldermen. Otherwise, said authority rests with the Council or its duly authorized committee. 530 of 629 29-O-18 ~21~ 2-8-9. - STANDARDS FOR REVIEW OF APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS. (A) Standards for review of alteration. In considering an application for a certificate of appropriateness for alteration the Commission shall consider only the following general standards, specific design guidelines, if any, accompanying the ordinance designating the landmark or district, and the standards included in Subsection (E) of this Section. Nothing in this Chapter shall be construed to prevent ordinary maintenance or repairs that do not involve a change of design, material, or the exterior architectural appearance of a property, structure, site or object as long as the proscribedprescribed review procedures are followed. 1. Every reasonable effort shall be made to adaopt the property, structure, site or object in a manner that requires minimal alteration of the property, structure, site or object and its environment. 2. The distinguishing original qualities or character of a property, structure, site or object and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features shall be avoided whenever possible except when retention represents a hazardous or dangerous condition. 3. All properties, structures, sites and objects shall be recognized as products of their own time. Alterations to sites, buildings, structures, or objects that have no historical basis and that seek to create an earlier appearance shall be discouraged. 4. Changes that may have taken place in the course of time are evidence of the history and development of a property, structure, site or object and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features, materials, finishes, or examples of skilled craftsmanship, or examples of distinctive construction techniques that characterize a property, structure, site or object shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other structures or objects. 7. The surface cleaning of buildings, structures, andor objects shall be undertaken with the gentlest means possible. Sandblasting shall not be undertaken, nor shall other cleaningTreatment methods that will cause damage to the historic materials of the structure, site, or object must not be used. 8. Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any project. 531 of 629 29-O-18 ~22~ 9. ContemporaryInnovative design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historic, cultural, architectural or archaeological material, and such design is compatible with the features, size, scale, proportion, massing, color, material and character of the property, neighborhood orand environment. 10. Wherever possible, new additions or alterations to structures and objects shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. (B) Standards for review of construction. In considering an application for a certificate of appropriateness for new construction and additions to existing buildings, the Commission shall consider only the following general standards, specific design guidelines, if any, accompanying the ordinance designating the landmark or district, and the standards included in Subsection (E) of this Section: 1. Height. Height shall be visually compatible with properties, structures, sites, public ways, objects and places to which it is visiblyvisually related. 2. Proportion of front facades. The relationship of the width to the height of the facades front elevation shall be visually compatible with properties, structures, sites, public ways, objects and places to which it is visually related. 3. Proportion of openings. The relationship of the width to height of windows and doors shall be visually compatible with properties, structures, sites, public ways, objects and places to which the building is visually related. 4. Rhythm of solids to voids in front facades. The relationship of solids to voids in the front facades of a structure shall be visually - compatible with properties, structures, sites, public ways, objects and places to which it is visually related. 5. Rhythm of spacing and structures on streets. The relationship of a structure or object to the open space between it and adjoining structures or objects and the setback from the public ways shall be visually compatible with the properties, structures, sites, public ways, objects and places to which it is visually related. 6. Rhythm of entrance porches, storefront recesses and other projections. The relationship of entrances and other projections to sidewalks shall be visually compatible with the properties, structures, sites, public ways, objects and places to which it is visually related. 7. Relationship of materials and texture. The relationship of the materials and texture of the facades shall be visually compatible with the predominant materials used in the existing structures to which it is visually related. 8. Roof shapes and roof mounted equipment. The roof shape of a structure including any roof mounted equipment shall be visually compatible with the structures to which it is visually related. 9. Walls of continuity. Facades and property and site structures, such as masonry walls, fences and landscape masses, shall, when it is a 532 of 629 29-O-18 ~23~ characteristic of the area, form cohesive walls of enclosure along a street, to ensure visual compatibility with the properties, structures, sites, public ways, objects and places to which such elements are visually related. 10. Scale of a structure. The size and mass of structures in relation to open spaces, windows, door openings, porches and balconies shall be visually compatible with the properties, structures, sites, public ways, objects and places to which they are visually related. 11. Directional expression of front elevationfacades. A structure shall be visually compatible with the properties, structures, sites, public ways, objects and places to which it is visually related in its directional character, whether this be vertical character, horizontal character or non-directional character. 12. Original qualities. The For additions to existing structures, the distinguishing original qualities or character of a property, structure, site or object and its environment shall notshould be destroyedpreserved. The alteration of any historic, or material or distinctive architectural features should be avoided when possible. 13. Archaeological resources. Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to any project. 14. ContemporaryInnovative design. ContemporaryInnovative design for new construction and additions to existing properties shall not be discouraged when such new construction or additions do not destroy significant historic, cultural or architectural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment. 15. New additions. Wherever possible, new additions to structures or objects shall be done in such a manner that if such additions were to be removed in the future, the essential form and integrity of the structurehistoric property and its environment would be unimpaired. 16. New construction. In considering new construction such as a new free standing structure, the Commission shall not impose a requirement for the use of a single architectural style or period, though it may impose a requirement for compatibility. 17. Signs. Any sign that is readily visible from a public street shall not be incongruous to the historic character of the landmark or the district. Recommendations regarding signs are advisory only and may be referred to the Sign Review and Appeals Board for considerationDAPR. (C) Standards for review of relocation. In considering an application for a certificate of appropriateness for relocation, the Commission shall consider only the following general standards, specific design guidelines, if any, accompanying the ordinance designating the landmark or district, and the standards included in Subsection 2-8-9(E): 1. The historic or urban design character and aesthetic interest Whether the historic or urbanistic character of the existing site or setting would be 533 of 629 29-O-18 ~24~ negatively impacted by the relocation of the structure or object contributes to its present setting. 2. Whether there are definite plans for the area to be vacated and what the effect of those plans on the character of the surrounding area. 3. Whether the relocation of the structure or object can be accomplished without significant damage to its physical integrity. 4. Whether the proposed relocation area is compatible with the historic, cultural or architectural character of the structure or object. (D) Standards for review of demolitions. In considering an application for a certificate of appropriateness for demolition, the Commission shall consider only the following general standards and the standards included in Subsection 2-8-9(E): 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. 2. Whether the property, structure or object contributesrelates 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. 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. 4. Whether the property, structure or object is of such old, unusual or uncommondistinctive design, texture, and/or material that it could not be reproduced without great difficulty and/or expense. 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. 5.6. 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. (E) In addition to the above standards, the Commission shall also consider the Secretary of Interior's "Standards for Rehabilitationthe Treatment of Historic Properties," as amended. 2-8-10. - CERTIFICATE OF ECONOMIC HARDSHIP. (A) Application. Any applicant, following a final decision of the Commission or the Council or its duly authorized committee denying a certificate of appropriateness, may, within thirty (30) days of the denial, make application for a certificate of economic hardship on a form prepared by the Commission and submitted to the Commission. Application forms shall be available from the Commission. (B) Standard to be Applied. The Commission shall only approve an application for a certificate of economic hardship upon a determination that the denial of the 534 of 629 29-O-18 ~25~ certificate of appropriateness has resulted in the denial of all reasonable use of and return from the property. (C) Consideration of Evidence. In applying this standard, the Commission shall consider among other things any evidence presented concerning the following: 1. Any opinions from a licensed structural engineer or licensed architect with experience in renovation, restoration or rehabilitation as to the structural soundness of any structures or objects on the property and their suitability for continued use, renovation, restoration or rehabilitation. 2. Any estimates prepared by a licensed architect or licensed structural engineer, of the cost of the proposed alteration, construction, demoliti on or relocation and an estimate of any additional cost that would be incurred to comply with the recommendations of the Commission for changes necessary for it to be approved. 3. Any estimates prepared by a realtor licensed by the State or an appraiser certified by the State of the market value of the property in its current condition; after completion of the proposed alteration, construction, demolition or relocation; after any expenditures necessary to comply with the recommendations of the Commission for changes necessary for it to approve a certificate of appropriateness; and in the case of a proposed demolition, after renovation of the existing property for continued use. 4. In the case of a proposedFor applications for Certificate of Economic Hardships proposing demolition, any estimates, prepared by licensed architects, real estate consultants and appraisers or other real estate professionals licensed or certified by the State and experienced in rehabilitation, as to the economic feasibility of restoration, renovation or rehabilitation of any existing structures or objects. 5. Any and all applicable zoning provisions and incentives. (D) Information to be Supplied by Applicant. The applicant shall submit by affidavit the following information: 1. The assessed value of the property, structure, site or object for the two (2) most recent assessments. 2. Real property taxes for the previous two (2)three (3) years. 3. The amount paid for the property, structure, site or object by the owner, the date of purchase and the party from whom purchased, including a description of the relationship, if any, between the owner and the person from whom the property was purchased. 4. The current balance of any mortgages or any other financing secured by the property, structure, site or object, and the annual debt service, if any, for the previous two (2)three (3) years. 5. All appraisals obtained within the previous two (2)three (3) years by the owner or applicant in connection with purchase, offerings for sale, financing or ownership of the property, structure, site or object. 6. All listings of the property, structure, site or object for sale or rent, price asked and offers received, if any, within the previous four (4) years. 535 of 629 29-O-18 ~26~ 7. All studies cCommissioned by the owner as to profitable renovation, rehabilitation or utilization of any structures or objects on the property for alterative use. 8. For income producing property or structures, itemized income and expense statements from the property or structures for the previous two (2)three (3) years. 9. For other non-residential properties, itemized income and expense statements, as well as grants, endowments, and other assets or funding sources. 9.10. Estimates, prepared by general contractors licensed by the City o r licensed architects, of the cost of the proposed alteration, construction, demolition or relocation and an estimate of any additional cost that would be incurred to comply with the recommendations of the Commission for changes necessary for it to approve a certificate of appropriateness. 10.11. Form of ownership or operation of the property, structure, site or object whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture or other. 11.12. Any other information, documentation or evidence as the Commission determines to be necessary to its application of the standard in Subsection 2-8-10(B). 12.13. Where applicable, the information, evidence or documentation requested by the Commission or provided by the applicant shall bear the imprint of the professional seal of the individual preparing such information, evidence or documentation. (E) Failure by Applicant to Submit Requested Information. In the event that any of the information required to be submitted by the applicant is not reasonably available, the applicant shall file with the affidavit a statement of the information that cannot be obtained and shall describe the reasons why such information is unavailable. (F) Public Hearing. The Commission shall hold a public hearing on the application for certificate of economic hardship within thirty five (35) days following receipt of the completed application form and all information required to be submitted therewith. 1. Notice of the time and place of the public hearing shall also state the general nature of the question involved, and shall be given not less than five (5) business days prior to the date of such hearing by the following methods: (a) By mailing of notification to the applicant and the owner of record of the affected landmark or property, site, building, structure, site or object in a district; and (b) By mailing of notification to the owners of record of all property within two hundred fifty feet (250') of the affected landmark or property, site, building, structure, site or object in a district; and (c) By mailing of notification to every association of residents or owners who have registered an association name with the Commission for this purpose; and 536 of 629 29-O-18 ~27~ (d) By publication in a newspaper ofmanner available City-wide circulationby either a newspaper or the city website. It shall be the responsibility of the applicant to provide to the Commission, by affidavit, the names and addresses of all owners of record pursuant to Subsection 2-8-10(F)1(b) of this Chapter. 2. The hearing shall be conducted in accordance with the pertinent Section of the rules of the Commission. 3. No member of the Commission absent from the entire hearing shall be eligible to vote on any matter that is the subject of the hearing until such member is provided with copies, transcripts or tapes of all testimony and evidence presented. 4. The Commission may continue a proceeding for such additional time as it reasonably takes an applicant, any other interested person or the Commission to comply with a request for additional information, documentation or evidence. (G) Determination by the Commission. The determination by the Commission of whether the denial of the certificate of appropriateness has or has not resulted in economic hardship or the denial of all reasonable use of and return from the property shall be made within thirty five (35) business days following the close of the public hearing and submission of all information, documentation or evidence requested by the Commission. The determination shall be accompanied by findings of fact and a report stating the reasons for the decision. (H) Disapproval by Commission. If the determination of the Commission is to disapprove the application for a certificate of economic hardship, the applicant shall be notified within five (5) business days. The notice shall include a copy of the findings of fact. The Commission’s report will be provided within thirty-five (35) business days following the closing of the public hearing. (I) Determination of Economic Hardship. 1. If the determination of the Commission is that the denial of the certificate of appropriateness has resulted in the denial of all reasonable use of and return from the property, the Commission shall issue a certificate of economic hardship no later than ninety (90) days following the date of the determination of economic hardship unless during that time the Council approves an incentive plan pursuant to Subsections 2-8-10(J) and (K). 2. A copy of the determination of the Commission together with the findings of fact shall be mailed to the applicant and transmitted to the Council or its duly authorized committee within five (5)thirty-five (35) business days following the determination of economic hardship. (J) Incentive Plan. The purpose of an incentive plan is to provide a mechanism to allow a reasonable use of and return from the property without the complete or partial alteration or demolition of a landmark or property, structure, site or object in a district. This incentive plan may include, but is not limited to, property tax relief, loans or grants from the City or other public or private sources, acquisition by purchase or eminent domain, building and safety code modifications to reduce the cost of maintenance, restoration, rehabilitation or renovation, changes in applicable zoning regulations including a transfer of development 537 of 629 29-O-18 ~28~ rights, or relaxation of the provisions of this Chapter sufficient to allow reasonable use of and return from the property. (K) City Council Consideration of Incentive Plan. 1. The Commission shall forward a report recommending an incentive plan to the Council or its duly authorized committee. Upon receipt of the report the Council or its duly authorized committee shall give prompt consideration to the incentive plan. 2. The Council shall approve or disapprove the incentive plan allowing the reasonable use of and return from the property within ninety (90) days following determination by the Commission. 3. If the Council does not approve an incentive plan within the time specified, the report and recommendation of the Commission regarding the incentive plan shall be deemed to be denied. 4. A copy of the ordinance enacted by the Council together with the incentive plan, if any, shall be mailed to the applicant and transmitted to the Commission within five (5) business days following the enactment of the ordinance. (L) Issuance of Certificate of Economic Hardship. 1. Upon receipt by the Commission of a copy of a resolution disapproving an incentive plan, or upon failure of the Council to act to either approve or disapprove an incentive plan pursuant to Subsections 2-8-10(J) and (K), the Commission shall issue a certificate of economic hardship to the applicant within five (5) business days. The certificate of economic hardship for demolition may be subject to conditions for subsequent construction including compliance with the standards included in Section 2-8-9. The certificate of economic hardship shall be valid for a period of one hundred eighty (180) days from issuance by the Commission. Certificates of economic hardship shall not be transferable from the applicant to another subsequent owner of the same property. 2. The DepartmentDivision of Building and PropertyInspection Services shall be notified of the decision to issue a certificate of economic hardship within five (5) business days of issuance. 3. A certificate of appropriateness shall be issued to the applicant simultaneously with the delivery of the certificate of economic hardship. 4. Notwithstanding approval of a certificate of economic hardship, no permit for demolition of a landmark or a property, structure or object in a district shall issue except simultaneous to the issuance of a building permit for the replacement property, structure or object. (M) Appeals. 1. Any applicant or other interested party, following a denial of a certificate of economic hardship by the Commission, may, within thirty (30) days of the denial apply for appeal to the Council or its duly authorized committee. 2. An application for appeal shall be submitted to the Commission on a form prepared by the Commission. Within five (5) business days of submission of an application for appeal by the applicant to the Commission, the 538 of 629 29-O-18 ~29~ Commission shall transmit the application to the Council or its duly authorized committee. 3. If no motion to accept the application for appeal is made and adopted at the meeting of Council or its duly authorized committee immediately following receipt of the findings and decision of the Commission and the application for appeal, the decision of the Commission shall be final and may be appealed to the Circuit Court of Cook County. 4. If a motion to accept the application for appeal is made and adopted at the meeting of Council or its duly authorized committee held immediately following receipt of the findings and decision of the Commission and the application for appeal, the Council or its duly authorized committee must affirm, modify or reverse the decision of the Commission within forty five (45) days of the date of approval of the motion to accept the appeal. 5. Council or its duly authorized committee shall review the appeal solely on the basis of the record and application of the standards included in Subsection 2-8-10(B). 6. Denial or grant by the Council or its duly authorized committee of a certificate of economic hardship is considered a final decision and may be appealed to the Circuit Court of Cook County. 2-8-11. - CERTIFICATE OF SPECIAL MERIT. (A) Application. Any applicant, following a final decision of the Commission or the Council or its duly authorized committee denying a certificate of appropriateness, may, within thirty (30) days of the denial, make application for a certificate of special merit on a form prepared by the Commission and submitted to the Commission. Application forms shall be available from the Commission. (B) Council Determination. A project shall not receive a certificate of special merit unless the Council determines that: 1. The project is consistent with the Comprehensive Plan of the City; and 2. The project is necessary and in the public interest and will provide public and civic benefits, including but not limited to social or other benefits that are significant to the community and particularly desirable at the location proposed. Such benefits that further the general welfare of the residents of the City must substantially outweigh the loss of or the effect upon the affected landmark or property, structure, site or object in a district. Such benefits shall not consist solely of monetary or economic benefits to the City or other parties arising from economic development, property taxes, or other financial returns. (C) Standard to be Applied. A certificate of special merit shall be approved only on a showing by the applicant that: 1. There is no feasible and prudent alternative site for the proposed project; and 2. Use of the existing landmark or area, property, structure, site or object located in a district for the special merit use is not financially and physically feasible; and 539 of 629 29-O-18 ~30~ 3. The proposed project includes all possible planning to minimize harm to the existing landmark or area, property, structure, size or object in a district resulting from such special merit use. (D) Public Hearing. Submission of Application for Certificate of Special Merit: Within five (5)thirty-five (35) business days of submission of an application for certificate of special merit the Commission shall transmit the application to the Council or its duly authorized committee. (E) The Council or its duly authorized committee shall hold a public hearing on the application for certificate of special merit within thirty five (35) days following receipt of the completed application form in accordance with the pertinent Section of its rules and procedures. 1. Notice of the time and place of the public hearing shall also state the general nature of the question involved and shall be given not less than five (5) business days prior to the date of such hearing by the following methods: (a) By mailing of notification to the applicant and the owner of record of the landmark or property, structure, site or object in a district; and (b) By mailing of notification to the owners of record of all property within two hundred fifty feet (250') of the landmark or properties, structure, site or object in a district; and (c) By mailing of notification to every association of residents or owners who have registered an association name with the Commission for this purpose; and (d) By publication in a newspaper of City-wide circulation. It shall be the responsibility of the applicant to provide to the Commission, by affidavit, the names and addresses of all owners of record pursuant to Subsection 2-8-11(E)1(b) of this Chapter. (F) Findings. The Commission shall present written findings at the public hearing addressing the significance of the landmark or area, property, structure, site or object in a district affected by the proposed structure, and the standards for issuance of a certificate of special merit included in Subsections 2-8-11(B) and (C). (G) Council Action. Within ninety (90) days of the close of the public hearing the Council may approve or deny the application of certificate of special merit. If the certificate of special merit is not acted upon by Council within ninety (90) days of the close of the public hearing, the application for certificate of special merit shall be deemed denied. (H) Approval of Certificate of Special Merit. Council shall transmit a copy of the ordinance approving a certificate of special merit to the Commission within five (5)fifteen (15) business days following the enactment of the ordinance. The Commission shall issue a certificate of appropriateness within five (5)thirty-five (35) business days after the applicant: 1. Provides the Commission with appropriate documentation completed by a preservation professional of any landmark or property, structure or object in a district that is proposed for demolition, and 540 of 629 29-O-18 ~31~ 2. Completes the review process for construction, under Subsection 2-8-9(B) of this Chapter, with the Commission for the proposed project, or submits to the Commission evidence that the site of the landmark or property, structure, or object in a district is subject to new development as part of a development plan. (I) Validity. The certificate of special merit shall be valid for a period of one hundred eighty (180) days from issuance by the Council. Certificates of special merit shall not be transferable, without the consent of Council, from the applicant to another subsequent owner of the same property. (J) Demolition of Landmark. Notwithstanding approval of a certificate of special merit, except as otherwise expressly provided in another provision of this Chapter, no permit for demolition of a landmark or a property, structure or object in a district shall issue except for projects that are part of a development plan, or simultaneous to the issuance of a building permit for the replacement property, structure or object. (K) Denial of Certificate of Special Merit. Denial or grant by the Council of a certificate of special merit is considered a final decision and may be appealed to the Circuit Court of Cook County. 2-8-12. - REVIEW OF APPLICATIONS FOR SUBDIVISION, RESUBDIVISION OR CONSOLIDATION. (A) Prior to review of any subdivision, resubdivision or consolidation pursuant to Title 4, Chapter 13 "Subdivisions," Sections 1 through 3, of any landmark, area, property, structure or site in a district, Council or its duly authorized committ ee shall request a report by the Commission regarding the effect of the proposed subdivision, resubdivision or consolidation on the landmark or district. Review by the Commission shall be advisory. (B) The Commission shall review the application for subdivision, resubdivision or consolidation based on the following standards: 1. The design of the subdivision, resubdivision or consolidation shall: (a) Preserve, adaptively use, or otherwise protect the landmark, or area, property, structure, site or object in the district; and (b) Provide the location and design of new structures and objects that are visually compatible with the landmark or areas, propertiessites, buildings, structures, sites and objects in the district; and (c) Not result in blocking or otherwise obstructing, as viewed from a public street or public way, not to include Lake Michigan, the critical features of the landmark or area, property, structure, site or object in the district; and (d) Preserve and protect the critical features of the streetscape associated with the landmark, or area, property, structure, site or object in the district; and (e) Not adversely affect traffic patterns, Mmunicipal services, adjacent property values, or the general harmony of the District. 2. Alteration, construction, demolition and relocation shall be consistent with Section 2-8-9. 541 of 629 29-O-18 ~32~ (C) Within thirty five (35) days of the request of the report by Council or its duly authorized committee pursuant to Subsection 2-8-12(A)Commission’s review, the Commission shall prepare written findings and, by majority vote, issue to the Council or its duly authorized committee a recommendation on the suitability of creating the proposed subdivision, resubdivision or consolidation. (D) Based on the recommendations received by Council or its duly authorized committee, Council shall consider whether the proposed subdivision, resubdivision or consolidation is consistent with the standards provided in Subsection 2-8-12(B). (E) If Council finds that the proposed subdivision, resubdivision or consolidation is not consistent with the standards provided in Subsection 2-8-12(B), the Council may deny the application for subdivision, resubdivision or consolidation. 2-8-13. - REDESIGNATION OF PREVIOUSLY DESIGNATED LANDMARKS AND DESIGNATION OF EXISTING DISTRICTS LISTED IN THE NATIONAL REGISTER OF HISTORIC PLACES. (A) Any areas, properties, structures, sites or objects designated by Council in previous ordinances and resolutions are found to meet the criteria for designation in Section 2-8-4 of this Chapter based on findings of fact submitted to Council in support of said previous designation ordinances and resolutions and are hereby redesignated as landmarks under the provisions of this Chapter. (See Schedule B, "List of Evanston Landmarks," at end of this Chapter.) (B) The Evanston Lakeshore Historic District listed in the National Register of Historic Places on September 29, 1980, is found to meet the criteria for designation in Section 2-8-4 of this Chapter and is hereby designated as an historic district under the provisions of this Chapter. (See Schedule A, "Map," at end of this Chapter.) (C) The Evanston Ridge Historic District listed in the National Register of Historic Places on March 3, 1983, is found to meet the criteria for designation in Section 2-8-4 of this Chapter and is hereby designated as an historic district under the provisions of this Chapter. (See Schedule A, "Map," at end of this Chapter.) (D) The Suburban Apartment Buildings in Evanston, Illinois, Thematic Resources Historic District listed in the National Register of Historic Places in 1984 is found to meet the criteria for designation in Section 2-8-4 of this Chapter and is hereby designated as an historic district under the provisions of this Chapter. (See Schedule B, "List of Evanston Landmarks," at end of this Chapter.) (E) The Local Northeast Evanston Historic District designated by City Council on May 22, 2000 was found to meet the criteria for designation in Section 2-8-4 of this Chapter and was designated as a historic district under the provisions of this Chapter. (See Schedule A, “Map,” at end of this Chapter. (F) The Women’s Christian Temperance Union (WCTU) Historic District, designated by City Council on April 13, 2010 was found to meet the criteria for designation in Section 2-8-4 of this Chapter and was designated as a historic district under the provisions of this Chapter. (See Schedule A, “Map,” at end of this Chapter . 2-8-14. - EXCEPTIONS TO ISSUANCE OF CERTIFICATE OF APPROPRIATENESS. 542 of 629 29-O-18 ~33~ (A) The limitations upon the issuance of demolition permits or building permits in any district or affecting any landmark, shall not apply when alteration, construction, demolition or relocation involved in the permit has been ordered by the Division of Building and Inspection Services for the preservation of the public health or safety. (B) If the Division of Building and Inspection Services has ordered alteration, construction, demolition or relocation of a landmark or a property, structure or object located within a district, the Commission shall be notified of the proposed alteration, construction, demolition or relocation. If the Commission disagrees with the plan, the Commission shall have the right to delay the proposal sixty (60) days by submitting a delay request. During the delay period, the Commission may develop alternative plans for consideration. If after sixty (60) days no such alternative plans can be developed, the proposed alteration, construction, demolition or relocation may proceed as ordered . 2-8-15. - PENALTIES. (A) Fines for Violation. Failure to perform any act required by this Chapter or performance of any act prohibited by this Chapter shall constitute a violation. Any person violating any of the provisions of this chapter shall be subject to a fine of up to five hundred dollars ($500.00) for each day on which a violation exists. (B) Penalty For Willful Violation Or Gross Negligence. In addition to the fines authorized by Subsection (A) of this Section, a person who willfully or through gross negligence violates the provisions of this chapter by participating in alteration, construction, demolition or relocation affecting a property, structure, site or object nominated or designated as a landmark or located in a nominated or designated district without complying with the required procedures in this Chapter for review of such alteration, construction, demolition and relocation, shall not be issued building permits, certificates of occupancy, licenses and curb cut permits for alteration, construction, demolition or relocation affecting such property, structure, site or object for a period of five (5) years following the date of the violation except to correct structural defects affecting the foundation, roof, walls, partitions, floor supports, ceilings and chimneys of the nominated or designated landmark or property, structure, site or object located in a nominated or designated district. (C) Other Remedies. Notwithstanding the provisions of Subsections (A) and (B) of this Section, the City may institute appropriate proceedings in law and equity to prevent or remedy any violation of the provisions of this Chapter. In the case of willful violation or gross negligence by any person, the City may seek reversal of the prohibited work without regard to economic hardship. 2-8-16. - FEES. Persons who file applications for review by the historic pPreservation Commission shall pay an application fee or fees as determined by the type of application(s). (A) Minor Work On Existing Primary And Accessory Structures: Applicants shall pay a fee of twenty five dollars ($25.00)one hundred fifty dollars ($150.00) for 543 of 629 29-O-18 ~34~ applications for minor work on existing primary and accessory structures, including, but not limited to, the following projects: 1. Roof replacement; 2. Replacement of existing windows and doors; 3. Replacement of existing storm windows and storm doors; 4. Replacement of garage/coach house doors; 5. New window and door openings on accessory buildings; 6. New installation or replacement of fences; 7. Repair, restoration and replacement of existing exterior finish materials when such work affects less than twenty five percent (25%) of the finish materials on exterior walls or facades; 8. Replacement of existing exterior stairs and/or steps; 9. Installation of antennas or satellite dishes; 10. Porches: replacement of roof, columns, decks, railings, stairs; 11. Installation of air conditioning units; 12. Installation of arbors and trellises; 13. Installation of exterior lighting fixtures; and 14. Reopening enclosed porches. (B) Construction Of Garages And Accessory Structures: Applicants shall pay a fee of thirty dollars ($30.00)three hundred eighty five dollars ($385.00) for applications for construction of garages and accessory structures, including, but not limited to, the following projects: 1. New garages and coach houses/barns; 2. Porte-cocheres; 3. Storage sheds; 4. New decks and stairs; 5. Freestanding solar panels; 6. Swimming pools; 7. Tennis courts; 8. Basketball courts; and 9. Fire escapes. (C) Major Work; Alterations And Construction: Applicants shall pay a fee of thirty five dollars ($35.00)three hundred eighty-five dollars ($385.00) for applications for major alterations and construction, including, but not limited to, the following projects: 1. Alterations to the existing primary structures (e.g., new dormers; new window or door openings; changing or altering roof design or pitch; balconies); 2. Construction of additions not greater than twenty five percent (25%) of the building's square footage; 3. Enclosure of existing open porches; 4. Installation of solar panels on existing buildings; 5. Repair, restoration and replacement of existing exterior materials when affecting more than twenty five percent (25%) of the exterior walls or facades; 6. Construction of new driveways; 544 of 629 29-O-18 ~35~ 7. Construction of terraces at grade; 8. Construction of gazebos; 9. Installation of awnings, canopies and signs; and 10. Construction of off street parking. (D) Construction Of Additions Greater Than Twenty Five Percent Of The Existing Building Square Footage: Applicants shall pay a fee of fifty dollars ($50.00)five hundred dollars ($500.00) for applications for construction of new additions greater than twenty five percent (25%) of the existing building square footage, including additions of one or more stories and additions over the existing footprint of buildings. (E) Construction Of New Primary Structures: Applicants shall pay a fee of seventy five dollars ($75.00)one thousand dollars ($1,000.00) for applications for construction of new primary buildings. (F) Demolition Of A Landmark Structure: Applicants shall pay a fee of five hundred thousand dollars ($5,000.00) for applications for the demolition of a landmark structure. (G) Demolition Of Significant Or Contributing Structure: Applicants shall pay a fee of three hundred fifty dollars ($350.00)three thousand five hundred dollars ($3,500.00) for applications for the demolition of a significant or contributing structure. (H) Demolition Of Nonsignificant Or Noncontributing Structure: Applicants shall pay a fee of two hundred fifty dollars ($250.00)two thousand five hundred dollars ($2,500.00) for applications for the demolition of a nonsignificant or noncontributing structure. (I) Rescission Of Landmark Designation: Applicants shall pay a fee of two hundred fifty dollars ($250.00)two thousand five hundred dollars ($2,500.00) for applications for the rescission of a landmark designation when the landmark is not demolished. (J) Post-approval Amendments: Applicants shall pay a fee of twenty five dollars ($25.00)three hundred eighty five dollars ($385.00) for applications for review of proposed amendments to previously approved projects. (K) Post-approval Amendments – Minor Work: Applicants shall pay a fee of one hundred fifty dollars ($150.00) for applications for review of proposed minor amendments to previously approved projects. (L) Nomination of Landmark: Applicants shall pay a fee of one hundred dollars ($100.00) for applications for nomination of a landmark. 2-8-17. - SEVERABILITY. If any provision or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Chapter which can be given effect without the invalid provision or application, and to this end, the provisions are declared to be severable. Chapter 2-9, Schedule B - Listing Of Evanston Landmarks - By Address Evanston Preservation Ordinance Adopted March 21, 1994 545 of 629 29-O-18 ~36~ 1025 Asbury Avenue 1038 Asbury Avenue 1112 Asbury Avenue 1117 Asbury Avenue 1120 Asbury Avenue 1124 Asbury Avenue 1141 Asbury Avenue 1231 Asbury Avenue 1232 Asbury Avenue 1239 Asbury Avenue 1308 Asbury Avenue 1311 Asbury Avenue 1314 Asbury Avenue 1318 Asbury Avenue 1326 Asbury Avenue 1332-1334 Asbury Avenue 1335 Asbury Avenue 1404 Asbury Avenue 1425-35 Asbury Avenue (Fence only; 1200 Block Lake St.; 1426-36 Ridge Ave.) 1454 Asbury Avenue 1459 Asbury Avenue 1501 Asbury Avenue 1512 Asbury Avenue 1513 Asbury Avenue 1710 Asbury Avenue 1714 Asbury Avenue 1720 Asbury Avenue 1723 Asbury Avenue 1724 Asbury Avenue 1733 Asbury Avenue 1734 Asbury Avenue 1742 Asbury Avenue 1800 Asbury Avenue 1812 Asbury Avenue 1817 Asbury Avenue 1820 Asbury Avenue 1832 Asbury Avenue 1833 Asbury Avenue 1910-12 Asbury Avenue 1916 Asbury Avenue 1918 Asbury Avenue 2142 Asbury Avenue 2146 Asbury Avenue 2231 Asbury Avenue 2319 Asbury Avenue 2769 Asbury Avenue (1234 Isabella St.) 546 of 629 29-O-18 ~37~ 327 Ashland Avenue 914 Ashland Avenue 943 Ashland Avenue 1208 Ashland Avenue 1319 Ashland Avenue 1321 Ashland Avenue 1323 Ashland Avenue 1417 Ashland Avenue 1500 Ashland Avenue 1505 Ashland Avenue 1550 Ashland Avenue 1570-74 Ashland Avenue 1575 Ashland Avenue 1580 Ashland Avenue (1502 Davis St.) 1583 Ashland Avenue 1600-02 Ashland Avenue 1615 Ashland Avenue 1618 Ashland Avenue 1619 Ashland Avenue 1624 Ashland Avenue 1625 Ashland Avenue 1630 Ashland Avenue 1631 Ashland Avenue 2500-16 Ashland Avenue (1601-15 Lincoln Ave.) 305 Barton Avenue 600 Barton Avenue 1701-13 Benson Avenue (1700-04 Sherman Ave.; 801-25 Church St.) 1717 Benson Avenue 2750 Broadway Avenue 2305 Brown Avenue 2326 Brown Avenue 716 Brummel Street 815-17 Brummel Street 819-21 Brummel Street 200 Burnham Place (1224 Sheridan Rd.) 222 Burnham Place 2332 Bryant Avenue 2338 Bryant Avenue 610 Callan Street 630 Central Street 639 Central Street 639 Central Street, rear (630 Clinton Pl.) 720 Central Street 1024-28 Central Street (CTA Station) 1400-06 Central Street 1722 Central Street 547 of 629 29-O-18 ~38~ 1926-28 Central Street 2200 Central Street 2517 Central Street 2519 Central Street 2523 Central Street 2949 Central Street 2153 Central Park Avenue 2236 Central Park Avenue 2310 Central Park Avenue 2411 Central Park Avenue 2435 Central Park Avenue 2518 Central Park Avenue 401 Chicago Avenue (Entry Gate) 1425-35 Chicago Avenue 1450 Chicago Avenue (607 Lake St.) 1468 Chicago Avenue (610 Grove St.) 1501-11 Chicago Avenue (531 Grove St.) 1604-10 Chicago Avenue (601-03 Davis St.) 1702 Chicago Avenue 1724 Chicago Avenue 1730 Chicago Avenue 1810-12 Chicago Avenue 300 Church Street 310 Church Street 404 Church Street 405 Church Street (1704 Judson Ave.) 630-42 Church Street (1633-49 Orrington Ave.) 801-25 Church Street (1700-04 Sherman Ave., 1701-3 Benson Ave.) 1124-36 Church Street (1627-45 Ridge Ave.) 1312 Church Street 1316 Church Street 1330 Church Street 1333 Church Street 1416 Church Street 1427 Church Street 1817 Church Street 411 Clark Street (1800 Sheridan Rd.) 614 Clark Street 816 Clark Street 912-18 Clark Street 1028 Clark Street 3431-33 Clifford Street 630 Clinton Place (639 Clinton Street rear) 724 Clinton Place 726 Clinton Place 802 Clinton Place 806 Clinton Place 548 of 629 29-O-18 ~39~ 811 Clinton Place 107-11 Clyde Avenue (565-69 Howard St.) 1016 Colfax Street 2207 Colfax Street 2525 Colfax Street 2603 Colfax Street 2615 Colfax Street 2733 Colfax Street 2819 Colfax Street 3040 Colfax Street 822 Crain Street 1220 Crain Street 1319 Crain Street 2771 Crawford Avenue 139 Custer Avenue 721-25 Custer Avenue 3312 Dartmouth Place 617-619 Dartmouth Street 210 Davis Street 305 Davis Street 601-03 Davis Street (1604-10 Chicago Ave.) 610-12 Davis Street 630-32 Davis Street 1101-15 Davis Street 1125 Davis Street (1601-11 Ridge Ave.) 1300-02 Davis Street 1306 Davis Street 1315 Davis Street 1316 Davis Street 1322 Davis Street 1326 Davis Street 1332 Davis Street 1401 Davis Street 1414 Davis Street 1502 Davis Street 1522 Davis Street 113 Dempster Street 115 Dempster Street 147 Dempster Street 200 Dempster Street 217 Dempster Street 231 Dempster Street 318-320 Dempster Street 325 Dempster Street 326-28 Dempster Street (1243-49 Judson Ave.) 413-15 Dempster Street 600-10 Dempster Street 549 of 629 29-O-18 ~40~ 910 Dempster Street (1305-11 Maple Ave.) 1311 Dempster Street 1120 Dobson Street 1713 Dobson Street 1600 Dodge Avenue 2009 Dodge Avenue 2763 Eastwood Avenue 900-904 Edgemere Court 911 Edgemere Court 919-21 Edgemere Court 932 Edgemere Court 711 Elgin Road 1415 Elinor Place 1416 Elinor Place 1421 Elinor Place 442-48 Elmwood Street (900-10 Oakton St.) (439-45 Ridge Ave.) 836-38 Elmwood Street 905-15 Elmwood Street 1000 Elmwood Street 1102 Elmwood Street 1106 Elmwood Street 1112 Elmwood Street 1120 Elmwood Street 1308 Elmwood Street 1316 Elmwood Street 1323 Elmwood Street 1335 Elmwood Street 1401-07 Elmwood Street 1423 Elmwood Street 1426 Elmwood Street 1451-57 Elmwood Street 600 Emerson (1876-92 Sheridan Rd.) 618-40 Emerson (1817 Orrington Ave.; 619-47 University Pl.; East Women's Quadrangle) 710-20 Emerson (701-21 University Pl.; 1870 Orrington; West Women's Quadrangle) 711 Emerson Street 1024 Emerson Street 1109 (1111) Emerson Street 1806 Emerson Street 2700 Euclid Park Place 2707 (2741) Euclid Park Place 2738 Euclid Park Place 2749 (2711) Euclid Park Place 2767 Euclid Park Place 2231 Ewing Avenue 2322 Ewing Avenue 550 of 629 29-O-18 ~41~ 410 Florence Avenue 1102 Florence Avenue 1208 Florence Avenue 1428 Florence Avenue 1503 Florence Avenue 701 Forest Avenue 703 Forest Avenue 707 Forest Avenue 731 Forest Avenue 736 Forest Avenue 808-16 Forest Avenue 813-15 Forest Avenue 901 Forest Avenue (231-35 Main St.) 903-05 Forest Avenue 1000 Forest Avenue 1021 Forest Avenue 1025 Forest Avenue 1030 Forest Avenue 1039 Forest Avenue 1043 Forest Avenue 1047 Forest Avenue 1100 Forest Avenue, rear 1101 Forest Avenue (237 Greenleaf St.) 1120 Forest Avenue 1134 Forest Avenue 1140 Forest Avenue 1143 Forest Avenue 1200 Forest Avenue 1203 Forest Avenue 1208 (1210) Forest Avenue 1215 Forest Avenue 1217 Forest Avenue 1218 Forest Avenue 1225 Forest Avenue 1228 Forest Avenue 1230-32 Forest Avenue 1236 Forest Avenue 1243 Forest Avenue 1244 Forest Avenue 1246 Forest Avenue 1304 Forest Avenue 1314 Forest Avenue 1315 Forest Avenue 1318 Forest Avenue 1324 Forest Avenue 1332 Forest Avenue 551 of 629 29-O-18 ~42~ 1404 Forest Avenue 1414 Forest Avenue 1501 Forest Avenue 1509 Forest Avenue 1513 Forest Avenue 1605 Forest Place (flagpole and base) 1616 Forest Place 1622 Forest Place 1632 Forest Place 820 Gaffield Place 909-11 Gaffield Place 1022 Garnett Place 501 Garrett Place (Howes Chapel) 1835 Grant Street 2700 Grant Street 2909 Grant Street 101 Greenleaf Street 124 Greenleaf Street 237 Greenleaf Street (Coach House to 1101 Forest Ave.) 414 Greenleaf Street 800 Greenleaf Street 827 Greenleaf Street 1207 Greenleaf Street 1215 Greenleaf Street 144 Greenwood Street 202 Greenwood Street 214 Greenwood Street 225 Greenwood Street 228 Greenwood Street 235 Greenwood Street 320 Greenwood Street 404 Greenwood Street 416 Greenwood Street 425 Greenwood Street 526 Greenwood Street 1015 Greenwood Street 1022 Greenwood Street 1033 Greenwood Street (1401 Oak St.) 1112 Greenwood Street 1333 Greenwood Street 1506 Greenwood Street 1510 Greenwood Street 405 Grove Street 425 (419-31) Grove Street (1501-07 Hinman Ave.) 531 Grove Street (1501-11 Chicago Ave.) 610 Grove Street (1468 Chicago Ave.) 552 of 629 29-O-18 ~43~ 618-28 Grove Street (1511-21 Sherman Ave.) 1112 Grove Street 1419 Grove Street 205-07 Hamilton Street (1201-13 Michigan Ave.) 208 Hamilton Avenue 225 Hamilton Avenue 421-25 Hamilton Avenue (1203-05 Hinman Ave.) 2035 Harrison Street 2101 Harrison Street 2105 Harrison Street 2306 Harrison Street 2420 Harrison Street 2509 Harrison Street 2514 Harrison Street 2704 Harrison Street 2728 Harrison Street 2940 Harrison Street 2949 Harrison Street 3200 Harrison Street 2325 Hartrey Avenue 2444 Hartrey Avenue 2713 Hartzell Avenue 2736 Hartzell Avenue 3127 Hartzell Avenue 1006 Harvard Terrace 612 Haven Street (2134-44 Sheridan Rd.) 2031 Hawthorne Lane 2646 Highwood Avenue 632-40 Hinman Avenue 651-53 Hinman Avenue 830-56 Hinman Avenue 904-08 Hinman Avenue (501-07 Main St.) 935-37 Hinman Avenue (St. Luke's Episcopal Church) 936-40 Hinman Avenue (502-12 Lee St.) 1024 Hinman Avenue 1114 Hinman Avenue 1133 Hinman Avenue 1203-05 Hinman Avenue (421-25 Hamilton Ave.) 1220 Hinman Avenue 1221 Hinman Avenue 1224 Hinman Avenue 1231 Hinman Avenue 1241 Hinman Avenue 1302 Hinman Avenue 1314 Hinman Avenue 1409-17 Hinman Avenue 553 of 629 29-O-18 ~44~ 1423 Hinman Avenue 1426 Hinman Avenue 1433 Hinman Avenue 1445 Hinman Avenue 1501-07 Hinman Avenue (419-31 Grove St.) 1509-15 Hinman Avenue 1626-40 Hinman Avenue 1629-31 Hinman Avenue 1707 Hinman Avenue 1719 Hinman Avenue 1745 Hinman Avenue 1810 Hinman Avenue 565-69 Howard Street (107-11 Clyde Ave.) 1001-11 Hull Terrace (356-410 Ridge Ave.) 1035 Hull Terrace 1107 Hull Terrace 1201 Hull Terrace 1208 Hull Terrace 586 Ingleside Park 583 (585) Ingleside Place 621 Ingleside Place 832 Ingleside Place 1234 Isabella Street (2769 Asbury Ave.) 2322 Isabella Street 525 Judson Avenue 534 Judson Avenue 540 Judson Avenue 550 Judson Avenue 634 Judson Avenue 635 Judson Avenue 645 Judson Avenue 704 Judson Avenue 720 Judson Avenue 730 Judson Avenue 735-37 Judson Avenue 807-17 Judson Avenue 822-28 Judson Avenue 940-46 Judson Avenue (400-12 Lee St.) 1024 Judson Avenue 1028 Judson Avenue 1041 Judson Avenue 1045 Judson Avenue 1114 Judson Avenue 1122 Judson Avenue 1130 Judson Avenue 1138 Judson Avenue 554 of 629 29-O-18 ~45~ 1207 Judson Avenue 1208 Judson Avenue 1216 Judson Avenue 1220 Judson Avenue 1236 Judson Avenue 1239-41 Judson Avenue 1243-49 Judson Avenue (326-28 Dempster St.) 1246 Judson Avenue 1301-03 Judson Avenue 1305-07 Judson Avenue 1308 Judson Avenue 1316-18 Judson Avenue 1317 Judson Avenue 1322 Judson Avenue 1325 Judson Avenue 1400-04 Judson Avenue 1412 Judson Avenue 1422 Judson Avenue 1424 Judson Avenue 1427 Judson Avenue 1512 Judson Avenue 1514 Judson Avenue 1615 Judson Avenue 1624 Judson Avenue 1630 Judson Avenue 1704 Judson Avenue (405 Church St.) 204 Lake Street 207 Lake Street 215 Lake Street 216 Lake Street 222 Lake Street 303 Lake Street 314 Lake Street 404 Lake Street 512 Lake Street 607 Lake Street (1450 Chicago Ave.) 1012 Lake Street 1032 Lake Street (1421 Oak Ave.) 1100-08 Lake Street (1426-36 Oak St.) Centennial Fountain and Merrick Rose Garden 1101-11 Lake Street (1450-56 Oak Ave.) 1200 Block Lake Street (fence only; 1425-35 Asbury Ave; 1426-36 Ridge Ave.) 1319 Lake Street 1322 Lake Street 1327 Lake Street 1419 Lake Street 1501 Lake Street 555 of 629 29-O-18 ~46~ 1613 Lake Street 1705 Lake Street 1000 Lake Shore Boulevard 1012 Lake Shore Boulevard 1040 Lake Shore Boulevard 1114 Lake Shore Boulevard 1130 Lake Shore Boulevard 1136 Lake Shore Boulevard 1140 Lake Shore Boulevard 2401 Lawndale Avenue 2410 Lawndale Avenue 2525 Lawndale Avenue 200-12 Lee Street (999 Michigan Ave.) 218-28 Lee Street (936-42 Michigan Ave.) 400-12 Lee Street (940-46 Judson Ave.) 417-19 Lee Street 502-12 Lee Street (936-40 Hinman Ave.) 1021 Lee Street 1113 Lee Street 1227 Leon Place 617 Library Place 625 Library Place 555-59 Lincoln Street (2421 Sheridan Rd.) 640 Lincoln Street 731 Lincoln Street 807 Lincoln Street 815 Lincoln Street 1601-15 Lincoln Street (2500-16 Ashland Ave.) 1705 Lincoln Street 2115 Lincoln Street 2200 Lincoln Street 2212 Lincoln Street 2222 Lincoln Street 2319 Lincoln Street 2405 Lincoln Street 2418 Lincoln Street 2419 Lincoln Street 2424 Lincoln Street 2425 Lincoln Street 2501 Lincoln Street 2510 Lincoln Street 2516 Lincoln Street 2522 Lincoln Street 2610 Lincoln Street 2623 Lincoln Street 2706 Lincoln Street 556 of 629 29-O-18 ~47~ 2727 Lincoln Street 2801 Lincoln Street 2819 Lincoln Street 2905 Lincoln Street 2920 Lincoln Street 2300 Lincolnwood Drive 2320 Lincolnwood Drive 2323 Lincolnwood Drive 2340 Lincolnwood Drive 2409 Lincolnwood Drive 2412 Lincolnwood Drive 2423 Lincolnwood Drive 2426 Lincolnwood Drive 2448 Lincolnwood Drive 732 Madison Street 802 Madison Street 815 Madison Street 834 Madison Street 210 Main Street 227-29 Main Street (904-06 Michigan Ave.) 231-35 Main Street (901-05 Forest Ave.) 501-07 Main Street (904-08 Hinman Ave.) 1014-20 Main Street (843-49 Ridge Ave.) 1126 Main Street 1310 Main Street 1311 Main Street 1408 Main Street 930 Maple Avenue 935 Maple Avenue 1011 Maple Avenue 1014-20 Maple Avenue (843-49 Ridge Ave.) 1024 Maple Avenue 1030 Maple Avenue 1031 Maple Avenue 1045 Maple Avenue 1101-13 Maple Avenue 1115-33 Maple Avenue 1207 Maple Avenue 1209-17 Maple Avenue 1220 Maple Avenue 1232 Maple Avenue 1236 Maple Avenue 1246 Maple Avenue 1305-11 Maple Avenue (910 Dempster St.) 1316 Maple Avenue 1403 Maple Avenue 557 of 629 29-O-18 ~48~ 1411 Maple Avenue 1415 Maple Avenue 1425 Maple Avenue 1449-53 Maple Avenue 1916-18 Maple Avenue 1920-22 Maple Avenue 2030 Maple Avenue 2127 Maple Avenue 2521 Marcy Avenue 548-606 Michigan Avenue 633 Michigan Avenue 641 Michigan Avenue 715 Michigan Avenue 716 Michigan Avenue 720 Michigan Avenue 840 Michigan Avenue 904-06 Michigan Avenue (227-29 Main St.) 915 Michigan Avenue 923-25 Michigan Avenue 936-50 Michigan Avenue (218-28 Lee St.) 999 Michigan Avenue (200-12 Lee St.) 1005 (1003) Michigan Avenue 1010 Michigan Avenue 1022 Michigan Avenue 1026 Michigan Avenue 1030 Michigan Avenue 1032-34 Michigan Avenue 1046 Michigan Avenue 1049 Michigan Avenue 1104 Michigan Avenue 1107 Michigan Avenue 1119 Michigan Avenue 1122 Michigan Avenue 1144 Michigan Avenue 1200 Block Michigan Avenue (Greensward) 1201-13 Michigan Avenue (205-07 Hamilton St.) 1210 Michigan Avenue 1217 Michigan Avenue 714 Miburn Street 720 Milburn Street 826 Milburn Street 815-17 Monroe Street 903 Monroe Street 913 Monroe Street 715 Monticello Place 714-34 Noyes Street 558 of 629 29-O-18 ~49~ 927 Noyes Street 1015 Noyes Street 1117 Noyes Street 1204 Noyes Street 1214 Noyes Street 1304 Noyes Street 2723 Noyes Street 1100 Oak Avenue 1106 Oak Avenue 1115 Oak Avenue 1118 Oak Avenue 1306 Oak Avenue 1401 Oak Avenue (1033 Greenwood St.) 1404-06 Oak Avenue (1401-07 Ridge Ave.) 1417 Oak Avenue 1421 Oak Avenue (1032 Lake St.) 1426-36 Oak Avenue (1100-08 Lake St.; Centennial Fountain and Merrick Rose Garden) 1450-56 Oak Avenue (1101-11 Lake St.) 1505-15 (1505-09) Oak Avenue 1560 Oak Avenue 900-10 Oakton Street (442-48 Elmwood Ave.; 439-45 Ridge Ave.) 1618-26 Orrington Avenue (1609-19 Sherman Ave.) 1633-49 Orrington Avenue (630-42 Church St.) 1856-70 Orrington Avenue (710-20 Emerson St.; 701-21 University Pl.; West Women's Quadrangle) 1871 Orrington Avenue (619-47 University Pl.; 618-40 Emerson St.; East Women's Quadrangle) 1906 Orrington Avenue 1922 Orrington Avenue 2001-03 Orrington Avenue 2032-34 Orrington Avenue 2040 Orrington Avenue 2112 Orrington Avenue 2135 Orrington Avenue 2207 Orrington Avenue 2218 Orrington Avenue 2233 Orrington Avenue 2236 Orrington Avenue 2244 Orrington Avenue 2246 Orrington Avenue 2307 Orrington Avenue 2314 Orrington Avenue 2420 Orrington Avenue 2424 Orrington Avenue 2430 Orrington Avenue 559 of 629 29-O-18 ~50~ 2505 Orrington Avenue 2510 Orrington Avenue 2511 Orrington Avenue 2519 Orrington Avenue 2636 Orrington Avenue 2400 Park Place 2418 Park Place 2502 Park Place 2608 Park Place 2726 Park Place 2726 Payne Avenue 2320 Pioneer Road 2341 Pioneer Road 2444 Pioneer Road 2450 Pioneer Road 2454 Pioneer Road 1450 Pitner Avenue 1460 Pitner Avenue 2417 Prairie Avenue 2675 Prairie Avenue 2708 Prairie Avenue 714 Reba Place 727 Reba Place 816-18 Reba Place 829 Reba Place 436 Ridge Avenue 439-45 Ridge Avenue (900-10 Oakton St.; 442-48 Elmwood St.) 806-16 Ridge Avenue 843-49 Ridge Avenue (1014-20 Main St.) 930 Ridge Avenue 1030 Ridge Avenue 1041 Ridge Avenue 1100 Ridge Avenue 1101 Ridge Avenue 1123 Ridge Avenue 1128 Ridge Avenue 1217 Ridge Avenue 1220 Ridge Avenue 1225 Ridge Avenue 1232 Ridge Avenue 1300-14 Ridge Avenue 1307-13 Ridge Avenue 1333 Ridge Avenue 1401-07 Ridge Avenue (1404-06 Oak Ave.) 1426-36 Ridge Avenue (fence, steps and planter only; 1425-35 Asbury Ave.; 1200 Block Lake St.) 560 of 629 29-O-18 ~51~ 1453 Ridge Avenue 1456 Ridge Avenue 1461 Ridge Avenue 1462 Ridge Avenue 1509-15 Ridge Avenue 1601-11 Ridge Avenue (1125 Davis St.) 1615-25 Ridge Avenue 1622 Ridge Avenue 1627-45 Ridge Avenue (1124-36 Church St.) 1628 Ridge Avenue 1701-13 Ridge Avenue 1740-48 Ridge Avenue 2049 Ridge Avenue 2103 Ridge Avenue 2212-16 Ridge Avenue 2236 Ridge Avenue 2404 Ridge Avenue 2505 Ridge Avenue 2637 Ridge Avenue 2705 Ridge Avenue 935 Ridge Court 1001 Ridge Court 1031 Ridge Court 833 Ridge Terrace 1317 Rosalie Avenue 825 Roslyn Place 1020 Seward Street 1104-06 Seward Street 1108-10 Seward Street 1115 Seward Street 2808 Sheridan Place 2829 Sheridan Place 2831 Sheridan Place 2837 Sheridan Place 2855 Sheridan Place 2856 Sheridan Place 2865 Sheridan Place 2870 Sheridan Place 2881 Sheridan Place 2888 Sheridan Place 470-98 Sheridan Road 707 Sheridan Road 714 Sheridan Road 715 Sheridan Road 732 Sheridan Road 741 Sheridan Road 561 of 629 29-O-18 ~52~ 747-49 Sheridan Road 824 Sheridan Road 850 Sheridan Road 916 Sheridan Road 936 Sheridan Road 946-50 Sheridan Road 1000 Sheridan Road 1001 Sheridan Road 1005 Sheridan Road 1023 Sheridan Road 1030 (1028) Sheridan Road 1031 Sheridan Road 1034 Sheridan Road 1038 (1040) Sheridan Road 1046 Sheridan Road 1103 Sheridan Road 1110 Sheridan Road 1117 Sheridan Road 1130 Sheridan Road 1145 Sheridan Road 1201 (1205) Sheridan Road 1218 Sheridan Road 1224 Sheridan Road (200 Burnham Pl.) 1225 Sheridan Road 1632 Sheridan Road 1800 (1806) Sheridan Road (411 Clark St.) 1845 Sheridan Road (Fiske Hall) 1856-66 Sheridan Road (Levere Memorial Temple) 1875 Sheridan Road (Harris Hall) 1876-92 Sheridan Road (600 Emerson St.; Scott Hall; Cahn Auditorium) 1897 Sheridan Road (University Hall) 1905 Sheridan Road (Laurie Mae Swift Hall) 1908 Sheridan Road 1945 Sheridan Road (Deering Library) 2033 Sheridan Road (Hurst Hall) 2037 Sheridan Road (Swift Hall) 2101 Block Sheridan Road, Shakespeare Garden 2113-21 Sheridan Road (Garrett Seminary) 2131 Sheridan Road (Dearborn Observatory) 2134-44 Sheridan Road (612 Haven St.; Seabury Western) 2253-2313 Sheridan Road (North Quad Fraternity Houses) 2405 Sheridan Road (Patten Gym) 2421 Sheridan Road (555-59 Lincoln St.; Evanston Water Works) 2437 Sheridan Road 2535 Sheridan Road (Gross Point Lighthouse) 2603 Sheridan Road (Evanston Art Center) 562 of 629 29-O-18 ~53~ 2609 Sheridan Road 2681 Sheridan Road 2726 Sheridan Road 2735 Sheridan Road 2750 Sheridan Road 2769 Sheridan Road 524 (522) Sheridan Square 530 Sheridan Square 554-602 Sheridan Square 618 Sheridan Square 620-38 Sheridan Square 641 Sheridan Square 642 Sheridan Square 929 Sherman Avenue 1019 Sherman Avenue 1021 Sherman Avenue 1045 Sherman Avenue 1204 Sherman Avenue 1206 Sherman Avenue 1511-21 Sherman Avenue (618-28 Grove St.) 1578 Sherman Avenue 1609-19 Sherman Avenue (1618-26 Orrington Ave.) 1700-04 Sherman Avenue (801-09 Church St.; 1703-13 Benson Ave.) 1830 Sherman Avenue 1929-31 Sherman Avenue 2000 Sherman Avenue 2036 Sherman Avenue 2212-26 Sherman Avenue 2233 Sherman Avenue 2235 Sherman Avenue 2319 Sherman Avenue 810 Simpson Street 911 Simpson Street 1232 Simpson Street 1611 Simpson Street 551 South Boulevard, South Boulevard El Station 814 South Boulevard 2524 (2522) Thayer Street 2810 Thayer Street 619-47 University Place (1871 Orrington Ave.; 618-40 Emerson St.; East Women's Quadrangle) 700 University Place 701-21 University Place (1850-70 Orrington Ave.; 710-20 Emerson St.; West Women's Quadrangle) 716-22 University Place (Old Music Hall) 810-12 Washington Street 563 of 629 29-O-18 ~54~ 1125 Washington Street 1303 Washington Street 324-42 Wesley Avenue 333 Wesley Avenue 1008 Wesley Avenue 1136 Wesley Avenue 1400 Wesley Avenue 1413 Wesley Avenue 1424 Wesley Avenue 1601 Wesley Avenue 1602 Wesley Avenue (1401 Davis St.) 1606 Wesley Avenue 1612 Wesley Avenue 1621 Wesley Avenue 1624 Wesley Avenue 1627 Wesley Avenue 1632 Wesley Avenue 1710 Wesley Avenue 1721 Wesley Avenue 1727 Wesley Avenue 1743 Wesley Avenue 1805 Wesley Avenue 1814 Wesley Avenue 2107 Wesley Avenue 2135 Wesley Avenue Calvary Cemetery Gate (401 Chicago Ave.) Centennial Fountain and Merrick Rose Garden (1100-08 Lake St.; 1426-36 Oak Ave.) Flagpole Monument (Patriot's Park; 1605 Forest Pl.) Greensward (1200 Block Michigan Ave.) Horse Trough (Yerkes Fountain) (Sheridan at Clark) Patten Fence, steps and planter (1200 Block Lake St.; 1425-35 Asbury Ave.; 1426-36 Ridge Ave.) Rookwood Apartments Garden (714 Noyes St.) 2101 Block Sheridan Road (Shakespeare Garden) SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: This ordinance must be in full force and effect after its passage, approval, and publication in a manner provided by law. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity 564 of 629 29-O-18 ~55~ must 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: _______________________________ W. Grant Farrar, Corporation Counsel 565 of 629 NOT YET APPROVED Page 1 of 2 MEETING MINUTES (EXCERPT) EVANSTON PRESERVATION COMMISSION Tuesday, March 13, 2018, Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2800 7:00 P.M. Members Present: Elliott Dudnik, Julie Hacker, Ken Itle, Jamie Morris, Suzi Reinhold, Tim Schmitt, Mark Simon, Karl Vogel and Diane Williams Members Absent: Sally Riessen Hunt and Robert Bady Staff Present: Scott Mangum, Planning & Zoning Administrator Carlos Ruiz, Senior Planner/Preservation Coordinator Presiding Member: Diane Williams, Chair CALL TO ORDER / DECLARATION OF QUORUM The meeting was called to order at 7:07 pm with a quorum present COMMITTEE REPORTS (Working Groups) A. Preservation Ordinance Review / Rules and Procedures Subcommittee - Update. Carlos Ruiz said that Mario Treto, Assistant City Attorney, received edits and comments from Commissioners about the proposed Ordinance 29-O-18. Mr. Treto had indicated to City staff, that the language of some of the edits was adjusted, so that it would be consistent with the language in the City Code. Commissioners agreed to submit to City staff additional minor edits or comments if necessary. City staff would incorporate them when appropriate and as needed. Commissioner Simon made a motion to approve the re-written Ordinance as submitted, subject to final corrections (29-O-18 An Ordinance Amending Title 2, Chapter 8 of the Evanston City Code, “Historic Preservation”), seconded by Commissioner Itle. The motion passed. Vote: 9 ayes, 0 nays. The Commission’s recommendation will be brought to City Council for approval. The meeting was adjourned at 9:56 pm. 566 of 629 Page 2 of 2 Respectfully Submitted, Carlos D. Ruiz Senior Planner/Preservation Coordinator 567 of 629 For City Council meeting of May 14, 2018 Item P5 Ordinance 47-O-18, Amending the Definition of “Coach House” For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Erika Storlie, Assistant City Manager/Acting Community Development Director Scott Mangum, Planning and Zoning Administrator Meagan Jones, Neighborhood and Land Use Planner Subject: Ordinance 47-O-18 Revision to Coach House Definition 18PLND-0013 Date: March 29, 2018 Recommended Action: Staff recommends adoption of Ordinance 47-O-18, amending the Zoning Ordinance to modify the definition of a Coach House. A previous version of the proposed text amendment did not receive a recommendation from the Plan Commission. Ordinance 47-O-18 was introduced at the April 23, 2018 City Council meeting. Livability Benefits Built Environment: Support Housing Affordability. Background At the January 29, 2018 City Council meeting, the Council made a referral to the Plan Commission to change current zoning regulations to allow the rental of existing accessory dwelling units to individuals who are not members of the family living in the primary dwelling unit. This followed an October 2017 Planning & Development Committee discussion regarding ways to address the shortage of housing affordable to low, moderate and middle income households. Accessory dwelling units can currently be detached as coach houses or backyard cottages. Recent and current staff interpretation of the Zoning Ordinance is that Coach Houses, commonly found in Evanston, are allowed as Accessory Dwelling Units to Single-Family Residences per 6-4-6-3 (Allowable Accessory Uses and Structures). However, as these units are accessory to the Primary Use (Single-Family House) they are limited to being occupied by a family member, household worker, or similar relationship and are therefore not allowed to be rented out to the general public. Memorandum 568 of 629 2 Proposal Overview At the Plan Commission meeting, staff proposed to amend the definition of a coach house with regards to unrelated tenants as described below: Section 6-18-3 Definitions. COACH HOUSE: A secondary or accessory dwelling located on the same zoning lot as the principal dwelling unit. Tenants of coach houses may be unrelated to the owners of the principal residential structure. Following Plan Commission discussion, including concerns about the consequences of additional coach house construction due to profit motive, staff is proposing a revised text amendment to clarify that only one coach house/accessory dwelling unit would be allowed per Single-Family Residence and that it would include a garage per the historical origins of the term. Section 6-18-3 Definitions. COACH HOUSE: A single detached secondary or accessory dwelling located on the same zoning lot as the principal dwelling unit including a garage. Tenants of coach houses may be unrelated to the owners of the principal residential structure. A maximum of one coach house is allowed per Single-Family Detached Dwelling. This proposed text amendment would apply to all coach houses. Each dwelling unit on a subject property would be able to house up to 3 unrelated persons. If desired, in the future additional regulations could be considered, including parking requirements and limits on short-term/vacation rentals of those units. Legislative History March 14, 2018 – The Commission voted, 4-4, on a motion to recommend approval of the text amendment. The project therefore, comes to City Council without a recommendation. The vote was incorrectly tabulated as approved, 4-3, during the meeting. Attachments Proposed Ordinance 47-O-18 Link to Plan Commission Packet for 3/14/2018 Draft Plan Commission Minutes Excerpt for the 3/14/2018 Meeting 569 of 629 3/23/2018 47-O-18 AN ORDINANCE Amending the Definition of “Coach House,” in City Code Section 6-18- 3 of the Evanston City Code NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT: SECTION 1: The definition of “Coach House” in City Code Section 6-18-3 of the Evanston City Code of 2012, as amended, is hereby further amended as follows: COACH HOUSE: A single detached secondary or accessory dwelling located on the same zoning lot as the principal dwelling unit including a garage. Tenants of coach houses may be unrelated to the owners of the principal residential structure. A maximum of one coach house is allowed per Single -Family Detached Dwelling. 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 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. 570 of 629 47-O-18 2 SECTION 5: Ordinance 47-O-18 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2018 Adopted: ___________________, 201 8 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle M. Masoncup, Interim City Attorney 571 of 629 DRAFT- NOT APPROVED Page 1 of 3 Plan Commission Minutes 3/14/18 MEETING MINUTES PLAN COMMISSION Wednesday, March 14, 2018 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, James C. Lytle Council Chambers Members Present: Colby Lewis (Chair), Patrick Brown, Terri Dubin, Carol Goddard, George Halik, Peter Isaac, Andrew Pigozzi, Jolene Saul Members Absent: Simon Belisle Staff Present: Melissa Klotz, Zoning Planner Scott Mangum, Planning and Zoning Administrator Mario Treto, Assistant City Attorney Presiding Member: Colby Lewis, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Lewis called the meeting to order at 7:00 P.M. 2. APPROVAL OF MEETING MINUTES: February 21, 2018 Chair Lewis provided a minor edit to the minutes. Commissioner Pigozzi made a motion to approve the minutes from February 21, 2018 as edited. Commissioner Saul seconded the motion. A voice vote was taken and the minutes were unanimously approved with the minor edit, 8-0. 3. NEW BUSINESS B. TEXT AMENDMENT 18PLND-0013 Coach House Definition A Zoning Ordinance Text Amendment pursuant to City Code Title 6, Zoning, to revise the definition of a coach house. Mr. Mangum explained the text amendment was a City Council referral, and the proposed text amendment modifies the definition of a coach house so that a coach house could be rented out to a separate tenant unrelated to the owners of the principal structure. Chair Lewis opened the hearing to questions from the public. One person, Birch Berdhardt spoke stating that the proposed regulation does not discuss affordability at 572 of 629 DRAFT- NOT APPROVED Page 2 of 3 Plan Commission Minutes 3/14/18 all. In talking with Housing staff, coach houses could provide a great deal of affordable units. She then asked if that is possible. Mr. Mangum explained that City Council did not provide direction regarding affordability or restricting income levels so, while it is not proposed at this time, it could be considered in the future. Chair Lewis opened the hearing to questions from the Commission. Ms. Goddard asked if there is a limit to the number of tenants that could live in the structure, and if there is a definition of dwelling. Mr. Mangum responded each dwelling unit on the property could have a family that complies with the definition of family (no more than 3 unrelated). A dwelling unit is defined by having cooking and eating, sleeping, and living accommodations. Mr. Pigozzi asked what the new limit would be – could someone tear down their garage and build a new one with an apartment above it in an R1 District? That would change the nature of the R1 District. Mr, Mangum explained yes, one could do that. Currently you could build the same but only be used by a family member (per the definition of family). Mr. Isaac noted accessory structures are limited to 20 feet in height so that in itself may prevent new coach houses from being constructed. Mr. Brown asked how the City currently polices coach houses, and Mr. Mangum explained currently it is on a complaint basis and is handled by Zoning staff and Property Standards staff. Ms. Saul asked if rented coach houses will have to be registered as rentals, and Mr. Mangum said he believes so. Chair Lewis noted this change will create a profit availability that could change neighborhoods. Are there limitations to how many per property, etc? Mr. Mangum stated that no additional limitations are proposed regarding the number of units allowed per block but current existing regulations would still provide limitations on the size, required parking, etc. Commissioner Pigozzi made a motion to recommend that the proposed amendment be rejected. Commissioner Isaac seconded the motion. A roll call vote was taken and the motion failed with a tie vote, 4-4. Ayes: Brown, Dubin,, Isaac, Pigozzi. Nays: Goddard, Halik, Lewis, Saul. The vote was incorrectly tabulated to fail 4-3 during the meeting. 573 of 629 DRAFT- NOT APPROVED Page 3 of 3 Plan Commission Minutes 3/14/18 Commissioner Halik made a motion to recommend that the proposed amendment be adopted. Commissioner Saul seconded the motion. A roll call vote was taken and the motion failed with a tie vote, 4-4. Ayes: Goddard, Halik, Lewis, Saul. Nays: Brown, Dubin, Isaac, Pigozzi. The vote was incorrectly tabulated as approved 4-3 during the meeting. The text amendment will move forward to City Council without a recommendation. 4. OTHER BUSINESS There was no other business. 5. PUBLIC COMMENT There was no public comment. 6. ADJOURNMENT Commissioner Goddard made a motion to adjourn the meeting. Commissioner Saul seconded the motion. A voice vote was taken and the motion was approved by voice call 8-0. The meeting was adjourned at 9:15 pm. Respectfully Submitted, Meagan Jones Neighborhood and Land Use Planner Community Development Department 574 of 629 For Planning & Development meeting of May 14, 2018 Item PD1 Three Unrelated Rule – Occupancy of Dwelling Units For Discussion – Provide Direction To: Members of the Planning and Development Committee From: Erika Storlie, Assistant City Manager/Acting Community Development Director Scott Mangum, Planning and Zoning Administrator Sarah Flax, Housing and Grants Administrator Savannah Clement, Housing Policy and Planning Analyst Subject: Three Unrelated Rule: Definition of Family and Regulations Regarding Occupancy of Dwelling Units Date: May 8, 2018 Recommended Action: Staff requests direction on next steps relating to the Zoning Code definition of “Family” and related regulations on occupancy of dwelling units, commonly known as the three- unrelated rule. City Council referred discussion of this subject to the Planning and Development Committee at its meeting on April 30, 2018. Funding Source: N/A Livability Benefits: Built Environment: Support housing affordability; provide compact and complete streets and neighborhoods; and Equity & Empowerment: Ensure equitable access to community benefits, and support poverty prevention and alleviation. Discussion: The Zoning Ordinance currently regulates the Occupancy of Dwelling Units in part by the zoning definition of Family. The “three unrelated rule” is difficult to enforce and impacts affordable housing options, particularly for seniors, immigrants and households of unrelated persons that are very common in Evanston. It limits home sharing, which can provide affordable housing in existing underutilized structures such as single family homes designed for large families/households but occupied by a senior, and provides additional income to enable owners living on a fixed income to pay property taxes and other expenses. Memorandum 575 of 629 At its meeting on April 30, 2018, City Council began discussion of the current implications of this definition and possible modifications, including repeal of the restriction that no more than three (3) unrelated persons may live together as a single housekeeping unit, or household, in a dwelling unit and amending the existing language to allow a larger number of unrelated persons as an interim step. Summary The current definition of Family contained in the Zoning Code is: 6-18-3. - DEFINITIONS. FAMILY: (A) Type (A) Family: One (1) or more persons related by blood, marriage, or adoption living together as a single housekeeping unit in a dwelling unit. (B) Type (B) Family: Two (2) unrelated persons and their children living together as a single housekeeping unit in a dwelling unit. (C) Type (C) Family: A group of not more than three (3) unrelated persons living together as a single housekeeping unit in a dwelling unit. (D) Type (D) Family: A group of two (2) or more persons containing within it one (1) or more families, as defined in Subsections (A) and (B) of this definition, including a husband and wife married to one another and their children, as well as adults, living together in a dwelling unit as a single housekeeping unit and management, in premises in which the adult occupants are affiliated with a bona fide not for profit corporation organized for religious purposes chartered by the state of Illinois, that owns or rents the property and has been in existence for at least five (5) years prior to seeking certification by the director of planning and zoning as provided herein; provided, that in no case shall the total occupancy of the dwelling unit exceed two (2) persons per bedroom, nor shall the premises be utilized for religious public assembly. This type (D) family may occupy a dwelling unit only in accordance with the procedures in Section 6-4-1-14 of this Title. "Family" shall not be construed to mean a club, a lodge or a fraternity/sorority house. This definition is lengthy and confusing and does not account for the many different types of families/households that exist today. There are many households including but not limited to unmarried couples, same-sex couples, extended families with elderly parents or multiple generations residing together, and adults caring for children who are not related to them, etc. 576 of 629 Staff proposes defining occupancy based on household rather than family using the following definition: HOUSEHOLD: One or more persons living together as a single housekeeping unit in a dwelling unit regardless of blood, adoption, or marital relationships. “Household” shall not be construed to mean a club, lodge, rooming house, fraternity house or sorority house. The Occupancy of Dwelling Units is more difficult to properly amend. Careful consideration should be given to the implications of this regulation. The current regulations stated in Zoning Code Section are as follows: 6-4-1-14. - OCCUPANCY OF DWELLING UNITS. No dwelling unit shall be occupied by more than one (1) type (A), type (B), or type (C) family, as defined in Chapter 18, "Definitions," of this Ordinance except as hereinafter provided: (A) Upon written application to the Zoning Administrator, certification of approval shall be issued or occupancy for a dwelling unit by a type (D) family in all districts where dwelling units are allowed, except the R1 and R2 districts, provided that the application establishes that the occupancy conforms with the definition of a type (D) family. The members of a type (D) family household shall not keep or store more than one (1) motor vehicle for each such dwelling unit or for each off-street parking space lawfully existing in connection with such dwelling unit, whichever is greater. Certification would be revoked at any time the occupancy or off-street parking no longer conforms to the definition of a type (D) family, or if a request for current records is not answered so as to establish that the type of ownership complies with the definition of a type (D) family. (B) No dwelling unit which contains less than one thousand (1,000) square feet of floor area shall be used to provide living quarters for roomers, servants or permanent guests. Where the floor area of a dwelling unit exceeds one thousand (1,000) square feet and the family occupying the dwelling unit is a type (A) or type (B) family then the dwelling unit may also be used for living quarters for not more than two (2) servants, roomers, or permanent guests, provided that the living quarters are located within the dwelling unit as a physically integral part. The Occupancy of Dwelling Units should reflect the size and spatial layout of a dwelling unit rather than the relationships of the occupants. Regulation of the Occupancy of Dwelling Units should be consistent, regardless of tenure. One option is to use the occupancy standards in the Property Maintenance Code, which establishes occupancy limits using total square footage, the number of bedrooms and the size of each bedroom. Any occupancy standard must not conflict with the Building Code and must uphold fair housing laws. With regulations similar to the Property Maintenance Code, the Zoning Ordinance would ensure a housekeeping unit does not exceed safe occupancy standards within one dwelling unit, while allowing for the varied and ever changing family/household types that exist in today’s society. 577 of 629 Rooming houses fall into the category of Lodging Establishments in City code and their occupancy is based on the number and size of rooms to be occupied as sleeping rooms as shown below: CHAPTER 2 - LODGING ESTABLISHMENTS. 5-2-1. - APPLICABILITY OF PROVISIONS. This Chapter shall apply to any building, structure or portion thereof which is equipped to provide for compensation lodging rooms or rooming units to three (3) or more persons unrelated to the owner or operator of the building or structure. This shall include, but not be limited to, the following: apartment hotel, boarding house, dormitory, fraternity, furnished rooming house, hotel, lodging house, private club, retirement hotel, rooming house or sorority. For the purpose of this Chapter, rooming units and lodging rooms are defined in Section 6-18-3 of the Evanston Zoning Code. 5-2-6. - ROOMING HOUSES; REQUIREMENTS AND STANDARDS. Every provision of this Chapter which applies to rooming houses shall also apply to hotels, except to the extent that any such provision may be found in conflict with the laws of the State. (A) At least one flush water closet, lavatory basin and bathtub or shower, properly connected to a water and sewer system approved by the Director of Community Development and in good working condition, shall be supplied for each six (6) persons or fraction thereof residing within a rooming house including members of the operator's family whenever they share the use of such facilities, provided that in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than one- half (½) of the required number of water closets. All such facilities shall be so located within the dwelling as to be reasonably accessible to all persons sharing such facilities from a common hall or passageway. Every lavatory basin and bathtub or shower shall be supplied with hot water at all times. No such facilities shall be located in a basement except by written approval of the Director of Community Development. (B) The operator of every rooming house shall change supplied bed linens and towels therein at least once each week, and prior to the letting of any room to any new occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner. (C) Every room occupied for sleeping purposes shall contain the following floor space: One person ..... 70 square feet More than one person ..... 50 square feet per occupant (D) Every rooming unit shall have safe, unobstructed means of egress leading to safe and open space at ground level as required by the laws of the State and the City. (E) The operator of every rooming house shall be responsible for the safe and sanitary maintenance of all walls, floors and ceilings and for the maintenance of a sanitary condition in every other part of the rooming house. The operator shall be further responsible for the safe and sanitary maintenance of the entire premises where the entire structure or building is leased or occupied by the operator. Current zoning code stipulates that rooming houses are a special use in all multi-family residential districts, and are not at all permissible in any other district. Many of Evanston’s existing rooming houses are more accurately described as dormitories or fraternities and do not have special use status because they were in existence prior to the adoption of the zoning code and are considered legal nonconforming uses. Many of these structures look like single family homes, but rent by the room with shared kitchens and common areas. 578 of 629 In order for rooming houses to be an effective way of addressing the need for affordable housing, changes would be required, including allowing them in more zoning districts without special use approval. Rooming house regulations are based on a housing type from over a century ago and could be reviewed and updated based on the needs of people seeking alternatives to renting a standard dwelling unit. For instance, the current requirement to provide clean linens and towels weekly may no longer be wanted. Attachments Map of Evanston Rooming Houses 579 of 629 McCORMICK BLVDSH E R IDAN RD PARK PL ASHLAND AVEDODGE AVEHURD AVEGIRARD AVELEE STOAK AVE SHERIDAN PL RIDGE CTG R E E N B A Y R D THAYER ST PRATT CTGRANT JENKS ST HAVEN ST PAYNE ST LEON PL P O P L A R A V E GREY AVEHARRISON ST PR A I R I E A V E REBA PL COLFAX ST LEMAR AVEMARCY AVEDAVIS ST MAPLE AVEHARTZELL ST LIBRARY PL SIMPSON ST CLYDE AVEBROWN AVEGREELEYPITNER ALYLAUREL AVEHINMAN AVEDEWEY AVEEWING AVECOWPER AVEKIRK STHOVLAND CTJUDSON AVEGARRETT PLARBORLN FOREST AVEINGLESIDE PK GREY AVEST. MARK'S CTEMERSON ST CAMPUS DRSHERMAN AVEWILDER ST MILBURN PKGARRISON AVETHELIN CT FOREST PLASBURY AVEMICHIGAN AVEWESLEY AVELELAND AVECENTRAL ST CALLAN AVERIDGE TER HULL TER HOWARD ST ISABELLA ST GROSS POINT RDCUSTER AVEEMERSON ST LYONS ST FOWLER AVECLARK S T DARROW AVEPIONEER RDHASTINGS AVEHARTREY AVEBRUMMEL STPRINCETON AVEPROSPECT AVEHAMLIN ST PAYNE ELM AVECASE PLRIDGEWAY AVEMULFORD ST MICHIGAN AVELAWNDALE AVECHURCH S T CRAIN ST DEMPSTER STJACKSON AVEKEDZIE ST CLINTON PL McDANIEL AVEELMWOOD AVESEWARD ST RO SLY N PL E A S T R A I L R O A D A V E FLORENCE AVEBENSON AVESHERMAN PL CULVER FORESTVIEW RDMARTHA LNHAWTHORNE LN WADE CT BROWN AVECROFT LN COLFAX TER BROWNGREYBRI D G E ST CALVIN CIR BROWN AVERICHMOND AVENORMANDY PL WOODLAND RD ELINOR PL KEENEY ST SOUTH BLVD HAMILTON ST GREENWOOD ST UNIVERSITY PLREESE AVEAUTOBARN PL GAFFIELD PLLINCOLNWOOD DRCRAWFORD AVELEONARD PLCENTRAL PARK AVEBENNETT AVEMADISON PL BRADLEY PL GREENLEAF STWALNUT AVEROSALIE ST BURNHAM PL WARREN STLIVINGSTON WASHINGTON ST CLEVELAND ST MONTICELLO PL NATHANIEL PL HARVARD TERWOODBINE AVEMAPLE AVEDOBSON STDEWEY AVEDARROW AVEDEWEY AVEINGLESIDE PL RIDGE AVEASBURY AVEFOWLER AVEHARTREY AVECASE ST SOUTH BLVD ASHLAND AVESHERMAN AVELYONS ST STE W A R T A V EMARCY AVEWELLINGTON CTCLEVELAND ST MONROE ST LINDEN PL LAKE SHORE BLVDKNOX CIRHILLSIDE LN TRINITY CT SHERIDAN SQEDGEMERE CTG R E E N B A Y R D GARNETT PL CENTRAL ST HARRISON RIDGEAVEPAYNE ST WESLEY AVECHURCH ST HARTZELL ST P R A I R I E A V E DODGE AVEOAKTON ST SOUTH BLVD CRAINMcDANIEL AVEPITNER AVELEE ST ASHLAND AVEGROVE ST FOSTER ST ASBURY AVEBARTON AVEGRANT ST BRYANT AVEJUDSON AVESHERMAN AVECOLFAX ST ISABELLA ST DAVIS ST MAIN ST RIDGE AVEASBURY AVET H A Y E R C T THAYER ST ISABELLA ST HAYES DARTMOUTH PL COLFAX PL THAYERTHAYERST C R A W F O R D LINCOLNWOOD DRLIVINGSTON ST CHANCELLOR ST CHANCELLORLIVINGSTON MILBURN ST LAKESIDE CT EUCLIDPARK PL WESLEYCLARK STLYONS ST GREY AVEDEWEY AVEPAYNE ST MAIN STDODGE AVECENTRAL ST McDANIEL AVEEWING AVESHERIDAN RDBRUMMEL STPITNER AVELINCOLN ST HINMAN AVE SEWARD ST WESLEY AVECENTRAL ST KEENEY ST RIDGE AVEOAK AVEJACKSONSHERMAN AVEDOBSON ST LINCOLN ST SEWARD STDARROW AVEGREY AVEPARK PL NOYES ST LAKE ST THAYER ST WASHINGTON ST LAKE STMcDANIEL AVEBROWN AVEAUSTIN STASHLAND AVEWESLEY AVETECH DR NOYES CTHAMPTON PKYOTTO LNBERNARD PLMEADOW-LARK LNRIDGE AVEELGI N R D ELMWOOD AVECOLFAX ST HINMAN AVESIMPSON ST WESLEY AVEOAKTON ST SHERIDAN RD SHERIDAN RD DEMPSTER ST GREY AVELEE ST SIMPSON ST CHICAGO AVECHICAGO AVEBENNETT AVEMADISON ST KEENEY STOAKRIDGE AVESHERIDAN RDGRANT ST ASBURY AVEGROVE S T ELG I N R D FLORENCE AVEFOREST AVEDODGE AVEFOSTER ST MULFORD ST GREENLEAF ST HILLSIDE RD HARTREY AVEHARTREY AVEGREY AVEARNOLD PLPITNER AVELINCOLN ST McCORMICK BLVDFOSTER STGREENWOOD ST CALLANPARK PL JUDSON AVE NOYES ST DARROW AVEASHLAND AVEHARRISON ST HOWARD ST NOYES GLENVIEW RD PRINCETONCLIFFORD ST HIGHLAND AVELAWNDALE AVEDARTMOUTH PL ARTSCIRCLE DRORRINGTON AVEEASTWOOD AVEBROADWAY AVEWASHINGTON ST NORTHWESTERNPL DRYDEN PL ") ")")") ") ")") ") ") ")")")")")")") ")")")") ") ") ")") ") ") ") ")") ") ") ") ")")") ")") ") ")") ") ") ")")")")")")")")")")")")")")")")")")")") ") ") ")") ")") ") ")")")")")")")")NORTH SHORE CHANNELNORTH SHORE CHANNELLAKEMICHIGAN700400 500300600 800200 900 1002600 1700 310012001900 1000 130014002200 2300 11001800280015003600 20002400 2700 34002100 250029001600300032003300 300600 2800 1900 1000 2700 400 2500 1400 800 1700 1600 700220024001400 200500 140020023002000 700 8002600 1200 22001500 16001200100 150013001002900190010005002100 220024001100 1100 2001300 28001000120026001500 2300 1800 2000700 300 900600400240025002000 13001800 300 800 6001100100 500 25002700 1600 17003500260017001800900190090021002300210040038003700")Rooming House Main Road Local Street Railroad Water City Boundary 0 0.5 10.25 Mile 1:31,680 1 inch = 0.5 mile Rooming Houses 1/23/2018 This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. RoomingHousesMap.mxd ´ 580 of 629 City Council Meeting of May 14, 2018 Item O1 Business of the City by Motion: Evanston Rebuilding Warehouse Request for Financial Assistance For Action To: Honorable Mayor and Members of the City Council From: Erika Storlie, Acting Community Development Director Paul Zalmezak, Economic Development Manager Subject: Small Business Workforce Development Funding Request from Evanston Rebuilding Warehouse Date: May 11, 2018 Recommendation Staff and Economic Development Committee recommend approval of financial assistance to Evanston Rebuilding Warehouse in an amount not to exceed $15,000 to help facilitate job training and placement opportunities for primarily low- and moderate- income trainees in environmentally sustainable deconstruction methods. Evanston Rebuilding Warehouse is seeking a modification to the program guidelines seeking to be funded at the completion of the training program instead of being reimbursed upon placing trainees in a job for 90 days. Funding Source: Funding will be from the Economic Development Division Workforce Development Fund (Account 100.21.5300.62663). The City Council approved a budget of $100,000 for this account for FY2018. To date, $75,000 has been committed to Blue1647 leaving $25,000 for additional proposals. If approved, $10,000 will remain for 2018. Livability Benefits: Economy & Jobs: retain and expand local businesses, expand job opportunities, develop workforce and green jobs. Summary As summarized in the attached application, the Evanston Rebuilding Warehouse (ERW) is seeking up to $15,000 from the City of Evanston Small Business Workforce Development for their 2018 “green workforce training program”. Started in 2014, the program focuses on deconstruction as a way to provide career training and to keep waste from landfills. Deconstruction is the act of dismantling a building’s components for reuse, repurposing, recycling, etc. The program will assist up to five employees who will receive the following training and certifications through the program: Memorandum 581 of 629 • OSHA 10 • RRP (Renovation, Repair and Painting) Certification • Fall Protection Certification • Credential in Deconstruction from the Building Materials Reuse Association • (BMRA) The ERW developed the program to provide training and a path to employment for members of the community who have had challenges and have difficulty obtaining traditional employment. The program’s “green” focus is timely as it is environmentally conscious and addresses current “green” building standards and techniques, including Cook County’s Demolition Debris Diversion Ordinance which requires 70% of debris to be diverted from landfill. The ERW describes their program as “a 7-month-long intensive and comprehensive experience that incorporates classroom learning and on-the-job training. Participants are trained on how to use deconstruction tools and techniques, and also learn the "soft skills" that help them manage their professional and personal lives.” ERW estimates trainees spend about 20 percent of their time in classrooms and 80 percent doing on- the-job training at deconstruction sites. Classroom training will be held at 1817 Church Street in Evanston, while on the job training will occur on deconstruction sites in Evanston, Wilmette, Winnetka, Glencoe, Glenview, Northbrook, Kenilworth, Chicago, and Highland Park. ERW trainees’ classroom time involves community experts who teach and mentor the trainees in Construction Safety, Deconstruction Competencies, Health & Wellness, Financial Literacy, and Job Readiness including resume development and professional behavior. This program is collaborative with community partners that assist with recruitment and support of trainees, teaching classes, and job placement. These partners include the Building Materials Reuse Association, Y.O.U., Moran Center, PEER Services, Curt's Cafe, First Bank & Trust, Howard Area Community Center, National Able Network, and OAI. ERW has received funding for this program in the past from Evanston Community Foundation, CDBG, and Lighthouse Rotary Club. This is the first time seeking funding through the Small Business Workforce Development Program. As required in program guidelines, Community Services Manager Kevin Brown reviewed the application and along with economic development staff, recommends approval of the funding. In addition, the business is reimbursed once the training participant is placed in a job for at least 90 days. ERW trainees must be Evanston residents verified by state issued identification, utility bills, bank statements and/or copy of lease/mortgage statements. 582 of 629 The program guidelines require the job be in one of the following industries: 1) Information Technology 2) Sales, 3) Business & Financial, 4) Healthcare, 5) Office & Administrative, 6) Transportation, 7) Food Service, or 8) Manufacturing. Staff recommends the addition of Construction industry to the eligibility list. Finally, staff evaluated the application and recommends approval as it meets the following criteria: 1. Business owner demonstrated capacity to provide job training; 2. Clearly defined job placement plan; 3. Business has a clear action plan for the training 4. Industry specific certifications such as CDL, food safety, pharmacy tech, etc. Background The Evanston Rebuilding Warehouse is a non-profit organization that promotes the reduction of waste in landfills through sustainable deconstruction and renovation building practices. Reclaimed building materials are sold at the Evanston warehouse at low cost to the community and the proceeds support their education, job-training and job-development programs which foster individual, community and economic growth in Evanston and the region. City Council approved the creation of the Evanston Small Business Workforce Development Fund in October 2015 (Resolution 100-R-15) to support local economic growth by helping to: 1) support local city businesses and agencies that increase skill and educational attainment, 2) find and retain employment, and 3) close local workforce skills gaps to meet the needs of growing in-demand industries for Evanston residents. Applicants are eligible to apply once annually for an amount not to exceed $15,000. Preference is given for training programs that result in a job readiness certification. Applicants will be required to provide a defined job placement plan. Applicants propose their own “earn and learn” job training model providing opportunities for grassroots creative approaches to training. The creation of this program originated from a discussion at City Council on May 11, 2015 during consideration of a funding request for a workforce development initiative proposed by Curt’s Café. Legislative History: The Economic Development Committee voted 6-0 to approve the recommendation to City Council during the April 25 committee meeting. Attachments: -Evanston Rebuilding Warehouse Application -Evanston Small Business Workforce Development Program Guidelines 583 of 629 Form Name: Evanston Small Business Workforce Development Program Fund Application Submission Time: April 13, 2018 2:57 pm Browser: Safari 11.1 / OS X IP Address: 24.14.39.55 Unique ID: 400139064 Location: 42.030200958252, -87.687797546387 Business Information Business Name Evanston ReBuilding Warehouse Address 2101 Dempster Street Evanston, IL 60201 Phone (847) 864-9246 Business Structure Non-Profit Total number of existing employees 11 Estimated number of participants to be trained 5 Wage of participants to be trained 10 Employee Classification Full time Industry Manufacturing Owner/Applicant Information Owner Name Aina Gutierrez Owner Address 2101 Dempster Street Evanston, IL 60201 Phone (847) 859-9335 Email aina@evanstonrebuildingwarehouse.org Training Program Information 584 of 629 Describe the training program in detail We seek funding to support the Evanston ReBuilding Workforce, our green workforce training program. Started in 2014, the program uses deconstruction (the dismantling of building components for reuse, repurposing, recycling and waste reduction) as a way to provide career training to those with employment challenges and as a way to keep tens of thousands of tons of building materials out of landfills each year. It is a timely "green" training program that was developed to provide training and a path to employment for community members that have had challenges, and in response to more environmentally conscious construction and demolition standards and techniques, such as the Cook County Demolition Debris Ordinance. The Evanston ReBuilding Workforce is a 7-month-long intensive and comprehensive experience that incorporates classroom learning and on-the-job training. Participants are trained on how to use deconstruction tools and techniques, and also learn the "soft skills" that help them manage their professional and personal lives. Trainees receive the following professional certifications through the course of the program: OSHA 10 RRP (Renovation, Repair and Painting) Certification Fall Protection Certification Credential in Deconstruction from the Building Materials Reuse Association (BMRA) Trainees spend about 20 percent of their time in classrooms and 80 percent doing on-the-job training at deconstruction sites. Topics for classroom time involve community experts who teach and mentor the trainees in the following areas: Construction Safety Deconstruction Competencies Health & Wellness Financial Literacy Job Readiness (resume development, professional behaviors, etc.) This program is highly collaborative with community partners that assist with recruitment and support of trainees, teaching classes, and job placement. These partners include the Building Materials Reuse Association, Y.O.U., Moran Center, PEER Services, Curt's Cafe, First Bank & Trust, Howard Area Community Center, National Able Network, and OAI. On-the-job training is completed at the Evanston ReBuilding Warehouse's (ERW) deconstruction sites. The ERW provides quality and competitive deconstruction services to homeowners and contractors in the Chicago and north Chicagoland area. The ERW is the only nonprofit deconstruction provider in Chicagoland. Contractors on our staff provide training and mentoring to the trainees while also deconstructing the buildings and 585 of 629 saving tens of thousands of tons of building materials from landfills. 586 of 629 Projected start date Sep 10, 2018 Projected end date Apr 12, 2019 Location Classroom Training - 1817 Church Street, Evanston. On-the-Job Training - deconstruction sites in Evanston, Wilmette, Winnetka, Glencoe, Glenview, Northbrook, Kenilworth, Chicago and Highland Park Have you received workforce development/training funds from other organizations? Yes Please summarize 2014 - $15,000 Evanston Community Foundation 2015 - $7,500 City of Evanston CDBG; $12,000 Evanston Community Foundation 2017 - $10,000 Lighthouse Rotary Club of Evanston 587 of 629 Please provide a narrative demonstrating your capacity to deliver this program and to place individuals in jobs The ERW green workforce training program is only three years old. In that time we have learned a lot about how to successfully work with a population that struggles with more than just inconsistent employment, but with other serious issues such as homelessness, hunger, and violence. We started small, enrolling 32 individuals total to provide in-depth, skilled job training and also connected trainees with other community-based resources to put them on the path to successful employment. Our program delivery strategy is focused around a structured yet supportive curriculum that prepares trainees for employment success in the construction trades through professional certifications, supervised on-the-job training, life and soft skill supports. We also have experienced program staff, and have built strong partnerships with other community organizations that provide direct services to the same population. Lou Dickson is the founder of the ERW and currently serves as its workforce training director. She received a key from the City of Evanston in 2014 for her contributions to the community in workforce development. She has more than 20 years experience as a general contractor, and founded and led the Evanston ReBuilding Warehouse from 2011-2017. We are currently in a strong position to grow the program and increase the number of individuals that receive jobs in the construction trades after graduation. There's a lot of demand for our deconstruction services and strong interest from Evanston residents who want to join our program and start a career in the building trades. We also know from our partner organizations that steady employment is a key factor in individuals living successful and productive lives. Our work to help individuals find employment after graduating from the program also grows. We are building intentional relationships with general contractors and union apprenticeship programs to refer graduates after graduation. We are also growing our own nonprofit warehouse and deconstruction services, which we hope will someday allow us to employ graduates after the program. This would strengthen trainees' pathways to employment even more by being hired by us in a professional capacity, and make them even more marketable in the future. 588 of 629 Please describe your experience in delivering workforce development training programs and job placement The Evanston ReBuilding Workforce program started in 2014 and has enrolled 32 individuals in the program since that time. Virtually all of our trainees have been Evanston residents. We have assisted trainees to enter union apprenticeship programs and find consistent employment in the construction trades as well as other industries. We currently have six trainees in our program and seek to add another six to start in September 2018. The ERW also provides ongoing communication and support to 10 prior trainees. The total individuals served during the grant period is 22 individuals. Our experience in the last three years has also equipped us to strengthen our success measures. We are especially focused on job placement and 1-year job retention in the construction and deconstruction trades; job placement and/or 1-year retention in other industries; higher average wages for training graduates; and lower recidivism rates (for those with prior criminal records). Please provide contact information for individuals who we may contact to learn more about your experience providing workforce development training Lee Harris (deconstruction client) 773-742-0100 Kate Henn (deconstruction client) 847-910-1871 Ted Blumenthal (Code Enforcement Officer, Village of Wilmette) 847-853-7521 Eric Wickenkamp (General Manager, Elmshire Builders) 847-812-8579 589 of 629 City of Evanston Small Business Workforce Development Program Guidelines C I T Y M A N A G E R ’S O F F I C E E C O N O M I C D E V E L O P M E N T D I V I S I O N 2100 R IDGE A VENUE , E VANSTON , I LLINOIS 60201 847-448-8100 | INFO@EVANSTONEDGE.COM | WWW .EVANSTONEDGE.COM | WWW.CITYOFEVANSTON.ORG 590 of 629 City of Evanston – Small Business Workforce Development Program P a g e | 2 Contents Program Purpose and Overview ................................................................................................ 3 Definitions .................................................................................................................................. 3 Eligibility Criteria ........................................................................................................................ 4 Program Steps ........................................................................................................................... 5 Small Business Workforce Development Program Administration .............................................. 6 Acknowledgement of Program Terms ........................................................................................ 8 Notice to Proceed ...................................................................................................................... 9 Certificate of Employee .............................................................................................................10 591 of 629 City of Evanston – Small Business Workforce Development Program Guidelines P a g e | 3 Program Purpose and Overview A. Overview: The City of Evanston has made it a priority to retain and create opportunities for small businesses to thrive in Evanston. The Economic Development Division strives to meet this City of Evanston goal with the creation of the Evanston Small Business Workforce Development Program (the “Program”). The Program will utilize Economic Development funds to provide grants to new and existing small businesses within the Program guidelines provided herein. Administration of the Program will be coordinated by the Economic Development Division in consultation with the City Manager and other appropriate City departments. B. Purpose: The purpose of the Evanston Small Business Workforce Development Program (“the Program”) is to educate and train individuals to meet the needs of current and future business and industry in order to maintain a sustainable competitive economic environment. The Program will support individuals in “earn and learn” workforce development models in eight target areas that are based upon the Chicago Cook Workforce Partnership (“Partnership”) – “Where are the jobs in Cook County?” 2015 Report. These areas would form the foundation of a City of Evanston supported workforce development program. They are: 1) IT, 2) Sales, 3) Business & Financial, 4) Healthcare, 5) Office & Administrative, 6) Transportation, 7) Food Service, and 8) Manufacturing. Earn and learn strategies help employers to address skill shortages by training new workers in job specific skills and protocols while receiving partial reimbursement for employee wages. Employers are able to hire employees based upon fit and attitude, and employees are able to earn a wage as they train. This model benefits the public by investing tax dollars into local businesses and citizens. Program participants are eligible to receive a rebate upon the competition of their approved workforce development program followed by job placement of the trainee. The rebate is in the form of a grant. Definitions a. “Participant” means the business entity applying for a rebate for providing on the job training in conformance with Program guidelines and determined eligible by the City Council or City Manager or his/her designee to participate in the Program. b. “Program Guidelines” means the “City of Evanston Small Business Workforce Development Program Guidelines” approved by the City Council that govern the funding and administration of the program. All terms not defined herein shall have the meanings ascribed thereto in the Program Guidelines. c. “Rebate” means $3,000 (Three Thousand and no/100 Dollars) per trainee and each participant business can have 5 trainees per year for total Rebate per participant/per year at $15,000 (Fifteen Thousand and no/100 Dollars). d. “Trainee” means an Evanston resident seeking on-the-job training by a business entity participating in the Small Business Workforce Development Program in one of eight industries (1) IT, 2) Sales, 3) Business & Financial, 4) Healthcare, 5) Office & Administrative, 6) Transportation, 7) Food Service, or 8) Manufacturing). 592 of 629 City of Evanston – Small Business Workforce Development Program Guidelines P a g e | 4 Eligibility Criteria A. Eligible Business Participants: Evanston-based businesses in the Program’s eight targeted industry areas are eligible to apply for funding. The applicant would be eligible for one round of funding annually and capped at $15,000. This funding level would support up to five Evanston-resident trainees per business at $3,000 maximum per trainee. Business owners agree to pay trainee during the Program for the hours of on-the-job training. Business owners with multiple businesses or businesses with multiple locations in Evanston would be eligible for the maximum of $15,000 to be allocated amongst the multiple locations. The business is reimbursed once the training participant is placed in a job for at least 90 days. Applicants would propose their own “earn and learn” job training model which provides opportunities for grassroots creative approaches to training. B. Ineligible Participants: Any of the following will make a business ineligible for Program participation: Business is not an Evanston-based business; Workforce trainees who have previously received workforce development funding from the City of Evanston; Participant has outstanding water bills with the City of Evanston; Government offices and agencies (non-governmental tenants are eligible); Owner of business has received grant or loan funds from the City of Evanston and in default of its obligation under the loan agreement or grant agreement. C. Eligible Trainees: The workforce development program trainee must be an Evanston resident verified by state issued identification, utility bills, bank statements and/or copy of lease/mortgage statements. D. Eligible Project: The workforce development program applicant must be an Evanston-based business of 20 or fewer employees in one of the following industries: 1) Information Technology 2) Sales, 3) Business & Financial, 4) Healthcare, 5) Office & Administrative, 6) Transportation, 7) Food Service, or 8) Manufacturing. 593 of 629 City of Evanston – Small Business Workforce Development Program Guidelines P a g e | 5 Program Steps Step 1: Arrange to Meet with Staff. Applicants should schedule a meeting with Economic Development Division and Youth and Young Adult Division staff to discuss the program, ask questions, and obtain application materials. Paul Zalmezak Senior Economic Development Coordinator (847) 448-8013 pzalmezak@cityofevanston.org Kevin Brown Community Services Manager (847) 448-8042 kebrown@cityofevanston.org Step 2: Application Submission. Applications for the City of Evanston Small Business Workforce Development Program may be submitted at any time. The application can be completed online at www.evanstonedge.com/programs Step 3: Staff Application Review Process. Applications will be accepted throughout the year until funds are committed. Economic Development Division and Youth and Young Adult Division staff will review applications and in partnership submit for Economic Development Committee and City Council Review. The review will include a vetting of participants to verify residency and to verify participant is not already receiving job training support through other agencies to avoid duplication of services and to maximize population impacted by programs. Strong consideration will be given to applicants who have a demonstrated capacity to achieve the Program’s goal of job readiness and job placement. Applications are online at https://arts.formstack.com/forms/small_business_workforce_development After Applications are submitted, Staff will: Evaluate each project submitted to determine if Application is complete. Confirm eligibility of proposed workforce development program; Identify appropriate funding sources for the proposed project; Confirm business is located in Evanston and follows the eligibility requirements stated above. Prepare recommendations of approval of funds to the appropriate Committee. Staff will evaluate Applications on the following criteria: Business owner demonstrated capacity to provide job training; Clearly defined job placement plan; Business has a clear action plan for the training with respect to clear and definite goals, expectations for trainee, as well as professional job fairs, seminars, workshops and other outreach opportunities that the trainee could utilize to seek full-time employment Industry specific certifications such as CDL, food safety, pharmacy tech, etc. Training in one of the following 1) Information Technology, 2) Sales, 3) Business & Financial, 4) Healthcare, 5) Office & Administrative, 6) Transportation, 7) Food Service, or 8) Manufacturing. Step 4: Public Review and Approval Process. Staff will submit recommendations to the Economic Development Committee for funding of the Program annually. Economic 594 of 629 City of Evanston – Small Business Workforce Development Program Guidelines P a g e | 6 Development Division staff in consultation with the City Manager will review and make the final decisions on funding of each applicant within the established funding limits and the guidelines contained herein. Step 5: Program Participation Approval and Acknowledgment Forms. Following approval by City staff, Participants will be required to execute a form entitled Acknowledgement of Program Terms (Form A), to ensure that the Program participants agree to all terms and requirements contained within this Small Business Workforce Development Guidelines and agrees to follow the requirements for continued Program compliance. Once the Acknowledgement has been executed to the satisfaction of the City Manager, a Notice to Proceed will be issued to the Participant (Form B). Step 6: Program Trainee Approval for Participant Business. The applicant must submit the name and proof of residence of individuals participating in the training program. Staff will also verify if participant is receiving workforce development support from partner agencies. Step 7: Training Program Completed by Trainee at Participant Business. Participant shall finance the Project and pay the Trainee wages during participation in the Program. The Participant will document the training that took place, the work completed and materials purchased for the training. Such invoices shall include proof of payment to all contractors, suppliers, and trainees. The minimum training under the Program shall be 200 hours per trainee and documented with a trainee log that will be submitted with the request for a rebate. Participant is required to maintain accurate and sufficiently detailed records. The Participant shall manage, implement, perform, provide, and carry out in a timely manner all of the tasks, activities, and services set forth in the Small Business Workforce Development Program Guidelines in order to receive funding. Step 8: Participant Business submits documentation for Rebate. See Paragraph C below under Program Administration details regarding documentation that is needed for rebate issuance. Small Business Workforce Development Program Administration The Program provides participants the opportunity to receive a rebate upon completion of the workforce development program and job placement for a minimum of 90 days. A. Funding Source(s): Projects will be funded through: tax increment financing (TIF) within applicable TIF Districts and/or the Economic Development Fund. B. Rebate: Funding would occur on a reimbursement basis after the trainee is placed in employment for a period of no less than 90 days in employment field and verification is provided by Program participant business. The training Program for each trainee must be completed within nine months of the Notice to Proceed issuance. The applicant is eligible for one round of funding per year and capped at $15,000 ($3,000 per trainee and maximum number of trainees is 5 individuals). Business owners with multiple businesses or businesses with multiple locations are eligible for the maximum of $15,000 to be allocated amongst multiple locations. Request for reimbursement form is online at: https://arts.formstack.com/forms/small_business_workforce_development_reimbursement 595 of 629 City of Evanston – Small Business Workforce Development Program Guidelines P a g e | 7 C. Program Documentation Prior to Rebate Issuance: The following are required to be submitted to the City of Evanston (mail or e-mail is acceptable): Attach a photocopy of all Certificates of Employee (Form C), along with a copy of the payroll records for each employee in the Program and proof of City of Evanston residency for each employee in the Program. Payroll records must be redacted prior to sending to the City, removing social security numbers and date of birth prior to transmittal. Description of trade/work performed by employee(s), start and end dates, total hours worked. Trainee log(s) with outlined tasks and must total not less than 200 hours per trainee. Obligation to Refrain from Discrimination A. Participant covenants and agrees for itself, its successors and its assigns to the Property, or any part thereof, that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, or age or physical or mental disabilities that do not impair ability to work, and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. B. That, if it hires additional employees in order to perform this contract, or any portion hereof, it will determine the availability of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. C. That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all Participants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, or disability. No Agency Created The Participant and any contractor, supplier, vendor or any third party hired by Participant to complete the Project are not agents of the City. Any provisions of this Agreement that may appear to give the City any right to direct the Participant concerning the details of the obligations under this Agreement, or to exercise any control over such obligations, shall mean only that the Participant shall follow the direction of the City concerning the end results of the obligations. 596 of 629 City of Evanston – Small Business Workforce Development Program Guidelines P a g e | 8 FORM A ACKNOWLEDGEMENT OF PROGRAM TERMS I, ______________________, _________________(title), acknowledge that I have read and understand the contents of the Small Business Workforce Development Program Guidelines provided to me as a participant in the Program. I certify that I have the authority to execute this acknowledgment on behalf of the participant business. By signing below, I understand and will ensure that the Participant business will follow the Guidelines and it is the responsibility of the Participant to do so and not the responsibility of the City of Evanston. __________________________ _______________________ Name (Print) Date __________________________ Name (Signature) 597 of 629 City of Evanston – Small Business Workforce Development Program Guidelines P a g e | 9 FORM B NOTICE TO PROCEED DATE Successful Applicant [Street address] Evanston, IL 6020X Dear Applicant: Thank you for your interest in the City of Evanston Small Business Workforce Development Program. This letter is to inform you that your application has been granted approval and inform you of the next steps in the process. Your application has been approved for up to $_________ in reimbursement for a total of ____ trainees at the business. The next step is to read program guidelines enclosed and sign the Acknowledgment of Program Terms, to document that the terms and conditions of participation in the Program are clear and you agree to follow the guidelines. Once this acknowledgment is submitted, you will have nine (9) months to complete the training of the employees and submit the necessary paperwork to the City for review. Upon completion of the training, you will need to submit the paperwork outlined in the guidelines to us in order to receive reimbursement. Please let me know if you require additional inf ormation or have any questions. We’re glad your business is in Evanston and look forward to assisting you. Sincerely, Johanna Nyden, Economic Development Division Manager 598 of 629 City of Evanston – Small Business Workforce Development Program Guidelines P a g e | 10 FORM C CERTIFICATE OF EMPLOYEE The Participant business is required to complete and sign this certificate with its submission of the request for a Rebate. Participant must fill in the name of each trainee, the total number of hours training was provided, and the industry category that the training was provided in to correspond to the eight categories outlined in the Program guidelines. Employee Name Total Number of Training Provided Industry Training Provided I, ______________________, _________________(title), affirm under penalties of perjury and upon personal knowledge that the contents of the foregoing certificate are true and accurate. By signing below, I acknowledge that I am issuing this certification to request a rebate from the City of Evanston. I acknowledge that any omission or inaccurate information could jeopardize the approval of the rebate. __________________________ _______________________ Name (Print) Date __________________________ Name (Signature) 599 of 629 For City Council Meeting of May 14, 2018 Item O2 Business of the City by Motion: Storefront Modernization – Squeezebox For Action To: Honorable Mayor and Members of the City Council From: Paul Zalmezak, Economic Development Division Manager Cindy Plante, Economic Development Coordinator Subject: Storefront Modernization Program Application for Squeezebox Books at 743 Main Street Date: May 11, 2018 Recommended Action: Staff and Economic Development Committee recommend approval of financial assistance on a 50/50 cost-sharing basis through the Storefront Modernization Program to Squeezebox Books at 743 Main Street in an amount not to exceed $3,441.66 for new awnings. Funding Source: Funding will be from the Economic Development Business District Improvement Fund (Account 100.21.5300.65522). The approved Fiscal Year 2018 Budget allocated a total of $250,000 for this account to fund both the Storefront Modernization and Great Merchant Grant programs. To date, $0 has been spent from this account, leaving $250,000 available for expenditure. Livability Benefit: Economy and Jobs: retain and expand local businesses Built Environment: enhance public spaces Background: The Storefront Modernization Program provides a financial incentive to property owners and their commercial tenants to invest in improvements to commercial property in Evanston. Eligible expenses include street-facing exterior improvements such as windows, doors, signage, painting, and the like. Maximum eligibility amounts for façade projects are determined based on the building’s frontage, with the first 35 feet of linear frontage eligible for a maximum of $10,000; frontage beyond 35 feet increases eligibility by $100 for each additional square foot up to a $25,000 cap. Applicants are eligible to receive a forgivable loan of up to 50% of the total qualifying project cost, and must obtain three written bids for the work proposed, with at least one of the three bids being provided by an Evanston-based contractor whenever possible. The program is intended to help modernize aging building stock in targeted development areas and improve the Memorandum 600 of 629 aesthetics individual commercial businesses within their respective business districts. (For more detailed information, please refer to the Program Guidelines online.) Summary: Currently located at 1235 Chicago Ave, Squeezebox Books and Music is preparing to relocate to 743 Main Street. The new location is comprised of two storefronts at the corner of Main Street and Sherman Avenue, which previously housed Quake Collectibles and a branch of First Bank and Trust. The business owner is seeking assistance with fabrication and installation of awnings for windows on both sides of the corner building to assist with visibility. The space has 321 linear feet of frontage along Main Street and Sherman Avenue, making the property eligible for a maximum of $25,000 in funding assistance. The applicant has submitted three bids for the proposed scope of work, including at least one from an Evanston-based contractor as required under the program guidelines. The estimates provided are summarized below: Awning Estimates American Awning 3930 N. Elston Ave. Chicago, IL 60618 $8,300 Evanston Awning 2801 Central Street. Evanston, IL 60201 $7,350 Acme Awning PO Box 23 Winnetka, IL 60093 $5,000 Average: $6,883.33 The average of the three estimates submitted for the proposed awning work was $6,883.33. Based on the documentation and bids submitted for this project, staff recommends approval of financial assistance for this project for a total amount not to exceed the maximum of $3,441.66 on a 50/50 cost-sharing basis. Attachments: Storefront Modernization Program Application for Squeezebox Books & Music at 743 Main Street Contractor Bids & drawings 601 of 629 4/16/2018 Wufoo · Entry Manager https://cityofevanston.wufoo.com/entries/2018-storefront-modernization-program/1/3 #312018 Storefront Modernization Program Property Address * 741-743 Main St., Evanston Property PIN *11-19-117-045 Year Property was constructed 1930 Length of store frontage (feet): *321 Is this property a historic landmark?No Applicant Name: *Tim Peterson Applicant Address: *834 Grey Evanston, IL 60202 Email *4tpeterson@gmail.com Phone Number (773) 255-0464 Name of business (if applicable):Squeezebox Books & Music Applicant is: *Tenant Name(s) of business(es):Squeezebox Books & Music Business Owner Name(s):Tim Peterson Date of lease expiration (if applicable):May 31, 2023 How many years has the business been at this location? New Provide a description of the ground floor business(es) at this location (500 words max). Squeezebox is a retail store which will sell new and used books, music, DVDs and other related items. The larger space will also allow Sqbx for the first time to hold promotional events, including book signings, poetry readings, and music performances. Property Owner Name:Saroj & Surrender Puri Property Owner Address: 381 Orchard Ln, Highland Park, IL 60035 Property Owner Phone Number:(847) 219-1978 Property Owner Email:spuri332002@yahoo.com Is the property currently for sale?No What type(s) of improvements are you planning to make? (check all that apply) * Signage/awnings 602 of 629 4/16/2018 Wufoo · Entry Manager https://cityofevanston.wufoo.com/entries/2018-storefront-modernization-program/2/3 Provide a narrative of your proposed project. Include information on portions of the building that will be improved and what particular work activities will be completed. (500 words max) * Squeezebox is moving location from 1235 Chicago Avenue to the corner of Main Street and Sherman Avenue. Squeezebox will occupy what was formerly two retail spaces. By installing awnings, we hope to achieve two things. First, to make a significant aesthetic change to the property to signal to the neighborhood that there is a new tenant, and secondly, to unity the two spaces into a single, cohesive vision. We will use standard awnings, open on the ends to create a light modern feel. The Squeezebox green should bring a nice spot of color to an otherwise unremarkable building. Provide a narrative of sustainability measures that will be employed in this project (500 words max) The awnings will employ Sunbrella fabric. Decades before today’s green movement, Sunbrella fabrics made a corporate commitment to environmentally responsible practices. Their unique coloring process not only makes the fabrics fade-resistant, but also conserves more water than conventional dyeing processes. By using fabrics expressly made to endure the elements, Squeezebox will not need to replace the awnings for years to come. Provide a narrative of how your proposed project will improve accessibility at your building (500 words max) If accessibility can be stretched to include visibility, then the addition of awnings will help visitors and patrons more easily locate the store by providing clear signage for recognition, and street numbers for wayfinding. Upload 3 current photos of the building for which you are applying. 743_corner.png 3.39 MB · PNG 743_main.png 2.34 MB · PNG 743_main_sherman.png 3.08 MB · PNG Upload 3 contractor estimates for the project(s) being proposed. squeezeboxgiftsmusicev.pdf 119.77 KB · PDF acme_awning_quote_for_squeezebox.png 125.08 KB · PNG east_elevationrendering.jpg 2.40 MB · JPG west_elevationrendering.jpg 2.70 MB · JPG 603 of 629 4/16/2018 Wufoo · Entry Manager https://cityofevanston.wufoo.com/entries/2018-storefront-modernization-program/3/3 front_viewrendering.jpg 2.73 MB · JPG If applicant is not the owner of the building for which funding is sought, upload a letter of support from the property owner. sqbx_lease_rider_w_landlrd_init.jpg 1.52 MB · JPG "I certify that all of the information contained in this document, all statements, information, and exhibits that I am submitting for the property listed in this form under 'property information' is true and accurate and to the best of my knowledge. I certify that I have reviewed the Program Guidelines and Program Agreement form associated with the City of Evanston's Facade Improvement Program." (Type name below for signature). * Tim Peterson Date *Friday, April 13, 2018 Created 13 Apr 2018 11:03:57 AM PUBLIC 98.213.49.225 IP Address 604 of 629 605 of 629 606 of 629 607 of 629 608 of 629 April 10, 2018 Martha Hoyle 847-562-6903 Squeeze Box Gifts & Music Email marthahoyle@gmail.com 743 Main St. Evanston, IL 60202 PROPOSAL 6 Traditional style stationary awnings with open ends and no valance manufactured complete and installed on the building, with (3) awnings on the west facing windows, (1) awning on the southwest corner door and (2) awnings on the south facing windows/door . Frames made of welded 1” square and ½” round galvanized steel silver tubing, with the welds ground, primed and painted to match the tubing. Using Sunbrella, non-fire-retardant shade fabric in your choice of the available colors, selection required with this order, with the fabric attached to the frame using the lace-on fabric attachment method. Excluding any and all lettering or signage of any kind, for which artwork and layout design are required for separate pricing. 1 Awning size: 17’2” w x 4’0” h x 3’0” out 2 Awnings both size: 9’11” w x 4’0” h x 3’0” out 1 Awning size: 10’10” w x 4’0” h x 3’0” out 1 Awning size: 5’6” w x 4’0” h x 3’0” out 1 Awning size: 13’6” w x 4’0” h x 3’0” out $7350.00 -Any or all lettering/logos require an electronic file formatted as .eps or .ai or .pdf file. Artwork set-up and/or clean-up fees may apply at $75.00/hour. -Permit to be obtained by customer at no cost to Evanston Awning Co., prior to production or installation. -Prior to our receipt of the full contract with 50% deposit, fabric samples and shop drawings (limit of (2) revisions) will be provided for owners’ approval and city permits upon our receipt of a 10% drawing deposit, which is non-refundable but applicable to the full contract once all approvals a re received. -Installation to be determined, weather permitting, upon our receipt of the signed contract, 50% deposit of the total order and fabric color selections. The balance is due on installation. This proposal becomes a bona fide contract when signed and returned. Thank you, George Schaefer, CPP, Sales Manager Please proceed with the order described above. I grant Evanston Awning Co. a security interest in this merchandise until paid, unless prohibited by law. Signed___________________________________________________________Date_______________ Enclosed is my check for 50% deposit in the amount of $ ________________ or please charge my credit card (VISA, MasterCard or Discover) with the understanding that there will be a 3% convenience fee for charges over $1000.00 added to the contract amount. Credit card type _____________________ Acct # _________________________________________3# Security code _________ Exp.__________ Credit card billing address # and zip code __________________________________________________ 2801 Central St., Evanston, IL 60201 847-864-4520 Fax: 847-864-5886 evanstonawnings.com 609 of 629 Invoice #____________ AMERICAN AWNING, WINDOW & SCREEN CO. INC. 3930 N. ELSTON AVE CHICAGO, IL 60618 Phone: (773) 267-4300 Fax: (773) 267-7679 AmericanAwningChicago.com CUSTOMER____________________________________________ DATE_________________ JOB ADDRESS________________________________________________________________ PHONE____________________________ EMAIL _ __________________________________ SALESMAN_________________________________INSTALLER_______________________ This order form is a proposal for work, and shall become a binding contract upon signing by the Parties hereto. ADDITIONAL TERMS: TOTAL: __________ DEPOSIT: __________ BALANCE: __________ Estimated Completion Date From When Deposit Is Received: ___________________________ By signing this Agreement, I, the undersigned, acknowledge that I have read the terms and conditions on the reverse side, and that I have received from the Contractor a copy of the pamphlet titled “Home Repair: Know Your Consumer Rights.” Customer signature: _______________________________________________ Date:________________ Contractor signature: ______________________________________________ Date:________________ See reverse side for Contract Terms and Conditions QTY PROPOSAL/STATEMENT OF WORK COST 041718-1 04/17/2018Martha Hoyle 741-743 Main St, Evanston, IL 847-562-6903 marthahoyle@gmail.com Joe-224-770-1525 6 New straight style canvas awnings above storefronts Color: TBD Sunbrella Canvas Material, Labor & Installation Included Price does not include any permits, If required. $8,300.0050% Deposit, Balance is due upon completion. 5-7 Weeks 04/17/2018 Completion Date:_______________ 610 of 629 The order on the front page hereof incorporates and is subject to the following terms and conditions (collectively the “Agreement” or “Contract”). By ordering or purchasing services from American Awning, Window & Screen Inc. (“Contractor”), you (“Customer”) (collectively, the “Parties”) agree to be bound by the following terms and conditions. 1.Warranty: Contractor warrants for a period of one (1) year immediately following completion of work performed under this Agreement that all work shall be performed in a workmanship manner in strict accordance with the manufacturer’s specifications. If full payment is not made to Contractor, all warranties are null and void. Contractor warrants only its labor. It does not warrant any parts or merchandise supplied with its services under this Agreement; any warranty for merchandise provided with these services shall be limited to the Manufacturer’s warranty, if any. Warranty claims are limited to the Customer, and all warranty claims must be provided by Customer in writing to Contractor within the warranty period. 2.Payment. Customer shall pay to Contractor the Deposit upon execution of this Agreement, and pay the remaining balance due to Contractor upon completion of the services indicated herein. Work shall commence upon payment of the Deposit to Contractor. If Customer fails to pay the balance due within thirty (30) days immediately following completion of the services, Customer shall pay a late charge of five (5) percent per month on balance owed to Contractor under this Agreement. 3.Permits and Access to Premises. Customer shall be responsible for all permit fees required under local, state, or federal law for performance of the work under this Agreement. Total Cost shall include permit related fees, and all permit fees shall be paid to Contractor prior to commencement of work as part of the Deposit. Customer shall furnish to Contractor all information necessary to obtaining the applicable permits. Additionally, if the services to be performed under this Agreement are for a Residence, the Customer shall be responsible for obtaining the applicable homeowner work permit at Customer’s own expense, and such expense shall not be included in the Total Cost. Contractor shall not be responsible for any fees, fines, or other costs arising out of Customer’s failure to obtain the appropriate permits. Customer shall allow Contractor reasonable access to premises for performance of work under this Agreement. 4.Delays, Termination, and Damages. Installation, delivery, and estimates are subject to delays caused by merchandise availability, shipping, government approvals, Strikes, Lockouts, Fires, Acts of God, Change Orders, accidents or other causes beyond Contractor’s control, and Contractor shall not be liable for any delay or failure to deliver any item of an order resulting therefrom. In the event of cancellation by Contractor under this paragraph, to the extent that any deposit monies exceed the non- cancelled portion of such order, such deposit money shall be returned to Customer promptly. Contractor’s liability, if any, for conduct in performance of this Agreement shall not exceed the Contract amount, and shall be limited to damages caused directly and solely by the Contractor. 5.In the event that Customer attempts to terminate this Agreement after commencement of work, Customer shall pay Contractor liquidated damages in the amount of (a) the value of costs incurred up to the date of termination plus reasonable profit, or (b) pay the Deposit amount – whichever is greater. Customer shall indemnify Contractor from claims by third-parties arising out of or related to services provided under this Agreement, including claims in tort. 6.Entire Agreement. This Agreement is effective upon signing, and constitutes the entire agreement between the Contractor and Customer, subject to the terms and conditions provided herein, and shall supersede any other written or oral agreements between the Parties. Any alteration, deviation or change in the work to be performed, including those arising from unforeseeable conditions and scheduling changes, shall be reduced to a writing identified as “Change Order” signed by Customer and Contractor specifying the change(s), and any adjustments in price and/or scheduling therefore. The failure of Contractor to enforce any of Contractor’s rights under this contract shall not be a waiver of any of Contractor’s rights under this contract. If this Agreement is identified as a Change Order, then the original agreement remains in full force and effect subject to the modifications contained herein. The Parties agree that time is of the essence for this Agreement. 7.Legal fees. In the event of litigation relating to the subject matter of this Agreement, the non- prevailing party shall reimburse the prevailing party for all reasonable legal fees and costs, including reasonable attorney fees, resulting therefrom. 611 of 629 612 of 629 613 of 629 614 of 629 615 of 629 For City Council Meeting of May 14, 2018 Item O3 Business of the City by Motion: Storefront Modernization – Stepping out on Faith For Action To: Honorable Mayor and Members of the City Council From: Paul Zalmezak, Economic Development Division Manager Cindy Plante, Economic Development Coordinator Subject: Storefront Modernization Program Application for Stepping Out on Faith at 1632 Orrington Date: May 11, 2018 Recommended Action: Staff and Economic Development Committee recommend approval of financial assistance on a 50/50 cost-sharing basis through the Storefront Modernization Program to Stepping Out on Faith at 1632 Orrington Avenue in an amount not to exceed $823.66 for an awning sign. Funding Source: Funding will be from the Economic Development Business District Improvement Fund (Account 100.21.5300.65522). The approved Fiscal Year 2018 Budget allocated a total of $250,000 for this account to fund both the Storefront Modernization and Great Merchant Grant programs. To date, $0 has been spent from this account, leaving $250,000 available for expenditure. Livability Benefit: Economy and Jobs: retain and expand local businesses Built Environment: enhance public spaces Background: The Storefront Modernization Program provides a financial incentive to property owners and their commercial tenants to invest in improvements to commercial property in Evanston. Eligible expenses include street-facing exterior improvements such as windows, doors, signage, painting, and the like. Maximum eligibility amounts for façade projects are determined based on the building’s frontage, with the first 35 feet of linear frontage eligible for a maximum of $10,000; frontage beyond 35 feet increases eligibility by $100 for each additional square foot up to a $25,000 cap. Applicants are eligible to receive a forgivable loan of up to 50% of the total qualifying project cost, and must obtain three written bids for the work proposed, with at least one of the three bids being provided by an Evanston-based contractor whenever possible. The program is intended to help modernize aging building stock in targeted development areas and Memorandum 616 of 629 improve the aesthetics individual commercial businesses within their respective business districts. (For more detailed information, please refer to the Program Guidelines online.) Summary: Stepping Out on Faith is a clothing consignment boutique located at 1632 Orrington Avenue, which has been open since 2010. Owner Vivian Killebrew is seeking assistance for fabrication and installation of an awning that will improve visibility along Orrington. The space has less than 35 linear feet of frontage, making the property eligible for a maximum of $10,000 in funding assistance. The applicant has submitted three bids for the proposed scope of work, including at least one from an Evanston-based contractor as required under the program guidelines. The estimates provided are summarized below: Sign Estimates American Awning Window & Screen, Inc. 3930 N. Elston Ave. Chicago, IL 60618 $1,750 Hernandez Signs & Awnings 4049 W. Ogden Chicago, IL 60623 $1,800 Evanston Awning 2801 Central St. Evanston, IL 60201 $2,392 Average: $1,647.33 The average of the three estimates submitted for the proposed sign work was $1,637.33. Based on the documentation and bids submitted for this project, staff recommends approval of financial assistance for this project for a total amount not to exceed $823.66 on a 50/50 cost-sharing basis. Attachments: Storefront Modernization Program Application for Stepping Out on Faith at 1632 Orrington Ave Contractor Bids 617 of 629 3/9/2018 CITY OF EVANSTON Mail - 2018 Storefront Modernization Program [#30] https://mail.google.com/mail/u/0/?ui=2&ik=2e1c0d87b2&jsver=8G3nVnabgk0.en.&view=pt&msg=1620c9cbdf148c34&search=inbox&siml=1620c9cbdf…1/2 Cindy Plante <cplante@cityofevanston.org> 2018 Storefront Modernization Program [#30] Wufoo <no-reply@wufoo.com>Fri, Mar 9, 2018 at 3:13 PM Reply-To: viviank570@yahoo.com To: cplante@cityofevanston.org Property Address * 1632 Orrington Property PIN *00000000000 Year Property was constructed 1950 Length of store frontage (feet): *30 Is this property a historic landmark?No Applicant Name: *Vivian Killebrew Applicant Address: *1327 Darrow Email *viviank570@yahoo.com Phone Number (847) 733-0980 Name of business (if applicable):Stepping out on faith Applicant is: *Tenant Name(s) of business(es):stepping out on faith Business Owner Name(s):Vivian Killebrew Date of lease expiration (if applicable):2020 How many years has the business been at this location? 8 Provide a description of the ground floor business(es) at this location (500 words max). Resale apparel and shoes Property Owner Name:Jim Nash Property Owner Address: 708 Church St Property Owner Phone Number:(847) 328-3330 Property Owner Email:jim@farnsworth-hill.com Is the property currently for sale?No What type(s) of improvements are you planning to make? (check all that apply) * Signage/awnings Provide a narrative of your proposed project. Include information on portions of Adding an awning and signage to increase visibility on the street. 618 of 629 3/9/2018 CITY OF EVANSTON Mail - 2018 Storefront Modernization Program [#30] https://mail.google.com/mail/u/0/?ui=2&ik=2e1c0d87b2&jsver=8G3nVnabgk0.en.&view=pt&msg=1620c9cbdf148c34&search=inbox&siml=1620c9cbdf…2/2 the building that will be improved and what particular work activities will be completed. (500 words max) * Provide a narrative of sustainability measures that will be employed in this project (500 words max) n/a Provide a narrative of how your proposed project will improve accessibility at your building (500 words max) n/a "I certify that all of the information contained in this document, all statements, information, and exhibits that I am submitting for the property listed in this form under 'property information' is true and accurate and to the best of my knowledge. I certify that I have reviewed the Program Guidelines and Program Agreement form associated with the City of Evanston's Facade Improvement Program." (Type name below for signature). * vivian killebrew Date *Thursday, March 9, 2180 619 of 629 620 of 629 621 of 629 622 of 629 For City Council Meeting of May 14, 2018 Item O4 Business of the City by Motion: Entrepreneurship Support Program Applications For Action To: Honorable Mayor and Members of the City Council From: Paul Zalmezak, Economic Development Division Manager Cindy Plante, Economic Development Coordinator Subject: Entrepreneurship Support Program Applications Date: May 11, 2018 Recommended Action: Staff and Economic Development Committee recommend approval of financial assistance through the Entrepreneurship Support Program totaling $9,860 for the following Evanston businesses: • Hubris Wealth - Eric McLoyd • Eye Boutique Kloset – Salina Roberson • C&W Market – Clarence & Wendy Weaver • Best 1 Built – Eric Dingle Funding Source: Funding will be from the Economic Development Business Retention/Expansion Fund (Account 100.21.5300.62662). The approved Fiscal Year 2018 Budget allocated a total of $150,000 for this account. A total of $28,720 has been spent or encumbered from this account since the beginning of FY 2018, leaving $121,280 available for expenditure. Livability Benefit: • Economy and Jobs: retain and expand local businesses, develop workforce, and expand job opportunities • Equity and Empowerment: support poverty prevention and alleviation Background: The Entrepreneurship Support Program was created to provide limited one-time grant assistance to individuals starting or expanding a small business in Evanston. The program guidelines were approved by City Council in April, 2017 after consultation with the Minority, Women, and Evanston-Based Enterprise Committee (M/W/EBE Committee), Sunshine Enterprises, and LEND. The program guidelines provide for up to $2,500 in assistance for qualifying business expenses such as tools, equipment, insurance, professional services, training, certifications, and production space. Applicants operating or opening a brick and mortar establishment are also eligible for up Memorandum 623 of 629 to $1,000 in assistance with City fees and licensing (to be provided by an interfund transfer from ED rather than a fee waiver. Applicants must provide three estimates for services to be funded (when possible) and must submit a detailed business plan as part of the application, and poof of either residence in Evanston or a business location in Evanston. Businesses receiving funding through this program are not barred from seeking funding through the Storefront Modernization Program in the event that they open a brick and mortar location in Evanston, though each program must be applied for separately. For more detailed information, please refer to the attached Program Guidelines. Summary: The 4 applicants included here have are seeking funding under the program to expand their respective businesses in Evanston. The table below provides a summary of these requests, followed by a more detailed summary of each business and application. Business Eligible Expenses Other Total: Licensing & certifications Software & Equipment City fees Professional Services Hubris Wealth $1,494 $1,007 - - $2,501 Eye Boutique Kloset - - $75 $2,500 $2,575 C&W Market - $2,500 $479 - $2,979 Best 1 Built $159 $1,699 - $300 $1,805 Total: $ 9,860 Hubris Wealth Eric McLoyd is an Evanston resident working to start an investment and wealth management business after completing the GROW business incubator course offered by the Rogers Park Business Alliance. Mr. McLoyd is requesting funding assistance for state licensing, exam fees, incorporation, CRM software and an ipad. Most of these expenses are state mandated, so it isn’t possible to provide multiple estimates, but a summary of the requests is provided below. State Securities Registration through FINRA $745.00 Wealth Management Certification (Kaplan) $599.00 Wealth Box CRM ($49*12) $588.00 State of Illinois LLC Registration $150.00 Ipad $349.00 You can Book Me Scheduling app ($10 *7 months) $70.00 Total: $2,501.00 Eye Boutique Kloset Eye Boutique Kloset is a clothing store located at 817 Main Street in Evanston. Owner Salina Roberson was part of one of the first Community Business Academy cohorts in Evanston, and among the first to open a brick and mortar store after completing the program. Ms. Roberson is requesting funding for new flooring for the shop and her 624 of 629 business license renewal for 2019. Three quotes are provided for flooring as summarized below: Cutting Edge Flooring Transylvania Flooring NJL Flooring Flooring $5,749.90 $6,550.00 $6,350.00 C&W Market & Ice Cream Parlor C&W Market is a convenience store and ice cream shop located at Church Street and Dodge Avenue across from ETHS and Gibbs-Morrison Cultural Center. Owners Clarence and Wendy Weaver had initially inquired about funding in the summer of 2017, but the request was deferred to 2018 due to a spending freeze. In response to customer feedback, they are seeking funding to add a slushie machine and an additional freezer case to expand their frozen food offerings. They have also requested assistance for renewal of their Food Establishment License for 2019. The applicants have provided cost estimates for each item as summarized below: Webstaurant Sam's Club Restaurant Equippers Freezer $1,499 $1,915 $1,945 Slushie Machine $2,128.65 $1,994 $1,750 Total $3,628 $3,909 $3,695 Best 1 Built Eric Dingle is a residential general contractor operating as Best 1 Built, Inc. Mr. Dingle is requesting funding assistance for OSHA-30 certification, power tools, and a new website. The applicant has provided estimates as summarized below, including Evanston-based providers where possible. NSC.org OSHAtraining.com Osha Education Center OSHA Certification $199 $169 $159 312 Sites Rescue PC GoDaddy Website $500 $300 $1,699.87 Home Depot Amazon.com Lowe’s Powertool Kit $1,699 $1,346.85 none Attachments: - Entrepreneurship Support Program Guidelines - Link to Applications and Business Plans included in April 25, 2018 Economic Development packet 625 of 629 Entrepreneurship Support Program Application Instructions & Guidelines 2017 City Manager’s Office Economic Development Division 2100 Ridge Avenue, Evanston, Illinois 60201 847.448.8132 cplante@cityofevanston.org 626 of 629 Program purpose & overview The purpose of the small business support grant program is to assist in the growth of jobs in Evanston through entrepreneurship, helping residents and local business owners to create jobs by starting sustainable small businesses. To that end, this program aims to provide key supports during startup and initial growth stages to local entrepreneurs with viable business models. Funding Source: Projects will be funded through the Economic Development Revenues and any applicable TIF districts. Program expenses must be budgeted by the City each year, and will not carryover from year to year. In addition to required applicant eligibility qualifications, assistance under this Program depends upon availability of funds. Eligibility Criteria Applicants meeting eligibility criteria who are starting or operating a business with a physical location in Evanston are eligible for grant-based assistance through this Program. All applicants must submit a business plan conforming to minimum Program standards* and reasonably demonstrating business viability as determined at the discretion of Program staff. Home-based businesses qualify if the business owner is an Evanston resident. Non-residents are eligible only if operating a business at a physical location in Evanston, and must provide documentation of the business address through ownership, registration, or lease documentation which identifies the applicant specifically. In addition to a business plan, completed applications must include three quotes for each service or expense for which funding assistance is requested, including at least one quote from an Evanston-based provider whenever possible. If granted, assistance will be provided in the form of direct payments made for services or other applicable supports. Applicants will not receive cash payments. *Business plan must include information substantially similar to one of the included references and must demonstrate commercial viability as determined at the discretion of Program staff. Applicants must have no outstanding parking tickets and be current on all fees, taxes, utility bills and debts owed to the City of Evanston. Participation in this Program does not disqualify an applicant or business with a brick-and-mortar location from also participating in the Storefront Modernization Program. Ineligible applicants include: Applicants with one or more outstanding parking tickets or who are not current on fines, fees, taxes, or utility bills due to the City of Evanston Applicants who have received Entrepreneurship Support Program funding from the City of Evanston within the past five years Businesses that are part of a franchise operation with more than 10 locations within or outside of Evanston Churches or other religious organizations 627 of 629 Government offices or agencies Nonprofit organizations Eligible Services Eligible applicants may: I. Request up to $1,000 in assistance with City permitting and licensing needs, including food establishment licenses, general business licenses, building and sign permits, or inspections; and/or II. Request up to $2,500 of small business support grant funding for expenses or services in the following categories: 1. Professional Services (Accounting, tax, insurance, legal) 2. Tools and Equipment (software, hardware, process-specific tools or equipment) 3. Licenses and Certifications 4. Production and Work Space 5. Continued research and development of initial MVPs (minimum viable products) 6. Continuing Education and Key Personnel Development (Classes, workshops, training programs) 7. Professional and Market Networks Program Administration & Application Process Step 1: Submit online application (first Monday of the month). All grant applications must be completed and submitted online: https://cityofevanston.wufoo.com/forms/entrepreneurship-support-program-application/. Applications are considered on a rolling basis throughout the year and must be reviewed by the Economic Development Committee, which meets on the fourth Wednesday of each month. In order to ensure your place on the committee agenda, completed applications must be turned in no later than the second Monday of the month in which review is requested. Complete applications must include: business plan three estimates for each service or purchase to be funded, including one estimate from an Evanston provider whenever possible proof of residency or business location in Evanston 628 of 629 Step 2: Staff application review process (10 business days). Staff will review applications for compliance with eligibility guidelines and scope of work to be funded. LEND will assist with business plan review and assessment. Step 3: Public Review & Approval Process (fourth Wednesday of the month). Staff will submit the completed Entrepreneurship Support Program applications and bids to the Economic Development Committee and City Council for approval. Applicants are encouraged to attend all public meetings during which their applications are being considered. Step 4: Execute a program agreement. Following approval by City Council, successful applicants must sign a Program agreement acknowledging the terms and obligations of their participation. . 629 of 629