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09.17.18
CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, September 17, 2018 Administration & Public Works (A&PW) Committee meets at 6 p.m. Planning & Development Committee (P&D) meets at 7 p.m. City Council meeting will convene at conclusion of P&D. ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Suffredin (II) Mayor Public Announcements Delta Chi Omega Chapter of Alpha Kappa Alpha Sorority, Inc. – 70th Anniversary National Preparedness Month - September 2018 Warren "Billy" Cherry Scholarship Fund - 25th Anniversary National Diaper Need Awareness Week - September 24-30, 2018 (III) City Manager Public Announcements Lincoln Street Beach Update (IV) Communications: City Clerk (V) Public Comment Members of the public are welcome to speak at City Council meetings. As part of the Council agenda, a period for public comments shall be offered at the commencement of each regular Council meeting. Public comments will be noted in the City Council Minutes and become part of the official record. Those wishing to speak should sign their name and the agenda item or non- agenda topic to be addressed on a designated participation sheet. If there are five or fewer speakers, fifteen minutes shall be provided for Public Comment. If there are more than five speakers, a period of forty-five minutes shall be provided for all comment, and no individual shall speak longer than three minutes. The Mayor will allocate time among the speakers to ensure that Public Comment does not exceed forty-five minutes. The business of the City Council shall commence forty-five minutes after the beginning of Public Comment. Aldermen do not respond during Public Comment. Public Comment is intended to foster dialogue in a respectful and civil manner. Public comments are requested to be made with these guidelines in mind. 1 of 793 City Council Agenda September 17, 2018 Page 2 of 15 (VI) Special Orders of Business SPECIAL ORDERS OF BUSINESS (SP1)Proposed Fiscal Year 2019 Budget Updates Staff will present City Council with updates related to Priority Based Budgeting & the Fiscal Year 2019 Proposed Budget, including an overview of options for the City of Evanston’s parking system and an update on the Social Services Working Group. For Discussion (VII) Consent Agenda and Report of Standing Committees: Administration & Public Works - Alderman Fleming Planning & Development - Alderman Wilson Human Services - Alderman Fleming Rules Committee - Alderman Fiske CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meetings of July 23, 2018 (Amended) and August 13, 2018. For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) Payroll – July 23, 2018 through August 5, 2018 $ 3,195,300.97 Payroll – August 6, 2018 through August 19, 2018 $ 3,094,412.31 Payroll – August 20, 2018 through September 9, 2018 $ 2,872,580.11 For Action (A2) Bills List – September 11, 2018 $ 9,757,054.09 For Action (A3) Contract with Thelen Materials, LLC for 2018 Leaf Hauling/Disposal Season Staff recommends City Council authorize the City Manager to execute a one-year contract for leaf hauling/disposal with Thelen Materials, LLC (28957 W. IL Route 173 Antioch, IL 60002) in the not to exceed amount of $40,000. Funding will be from the Street Maintenance-Residential Debris/Removal Costs fund (Account 100.40.4510.62415), with a FY18 Budget of $45,000 and a YTD balance of $40,000. For Action 2 of 793 City Council Agenda September 17, 2018 Page 3 of 15 (A4) Change Order No. 3 to the Agreement for the Treated Water Storage Replacement Project Engineering Services with CDM Smith Staff recommends that City Council authorize the City Manager to execute Change Order No. 3 to the agreement for the Treated Water Storage Replacement Project Engineering Services (15-55) to CDM Smith (125 South Wacker Drive, Suite 600, Chicago, IL) in the amount of $22,040.00. This will increase the total contract amount from the current contract price of $1,328,730.00 to $1,350,770.00. Funding will be from the Water Fund, Capital Improvement Account 513.71.7330.62145 -733107, which has an FY 2018 budget allocation of $12,500,000. See corresponding transmittal memorandum for further details on funding. For Action (A5) Change Order No. 2 to the Contract for the 2018 50/50 Sidewalk Replacement Project with Schroeder & Schroeder Inc. Staff recommends that City Council authorize the City Manager to execute Change Order No. 2 to the 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 $10,085.00. Change Order No. 1 increased the contract amount from $211,000.00 to $227,792.00. Proposed Change Order No. 2 will increase the contract amount to $237,877.00. Funding for this work will be from the Dodge Avenue Bus Stop Pilot Fund (Account 415.40.4118.65515 – 418013), which has $50,000 budgeted in 2018. For Action (A6) One-Year Contract Extension for Purchase of Rock Salt from Morton Salt Company Staff recommends City Council authorize the City Manager to execute a one-year contract extension for the purchase of up to 7,500 tons of rock salt from Morton Salt Company (123 N. Wacker Drive, Chicago, IL) at a cost of $64.21 per ton, for a winter season (2018/19) total of $481,575. Funding for this purchase will be provided from the Snow and Ice Control Fund (Account 100.40.4550.65015), which has a budget of $331,095 and a YTD balance of $16,195. Staff anticipates needing to spend the remainder of the balance in FY2018 which will come from the 2017/18 Rock Salt Purchase Order. Staff will request a FY2019 budget allocation of $465,380 for the purchase of the remaining tons needed to complete the 7,500 tons of salt. For Action 3 of 793 City Council Agenda September 17, 2018 Page 4 of 15 (A7) Emergency Single-Source Agreement with Johnson Controls for Replacement of Fire Panels/Devices at the Lorraine H. Morton Civic Center Staff recommends City Council authorize the City Manager to execute an emergency, single-source agreement for the replacement of the existing fire panels and system devices at the Lorraine H. Morton Civic Center with Johnson Controls (91 N. Mitchell Court, Addison, IL) in the amount of $108,497.00. Funding will be from the CIP 2018 General Obligation Bond. Funding is available in the 2018 Facilities Contingency (Account 415.40.4118.65515 - 618028), which was budgeted at $275,000 and has $272,162.10 remaining. For Action (A8) Sidewalk Café – Tag’s Cafe Staff recommends City Council approval of first-time application for a sidewalk café permit for Tag’s Cafe, a Type 2 restaurant located at 2012 Central Street. The sidewalk café will consist of three tables with two seats each for a seating capacity of six, and will operate daily from 6:30 a.m. - 4:00 p.m. For Action (A9) Sole Source Purchase of Cisco SmartNet Software from CDW Staff recommends City Council authorize the sole source purchase of Cisco SmartNet networking licenses and software from CDW (120 S.Riverside, Chicago, IL 60606) in the amount of $47,509.25. This contract provides support for the City’s essential computer networking system and covers the period September 15, 2018 through September 15, 2019. CDW is the current State Bid Contract provider for these services as of September 2018. Funding is provided by the IT Division, Computer Licensing and Support Fund (Account 100.19.1932.62340), which has a total budget of $500,000 and a YTD balance of $125,700.65. This is a 13% reduction from the previous agreement. For Action (A10) Contract with Target Solutions for a Learning Management Software System Staff recommends City Council authorize the City Manager to enter into a two- year contract with Target Solutions (10805 Rancho Bernardo Road, Suite 200, San Diego, CA 92127-5703) for a Learning Management Software (LMS) system at an annual rate of $31,525. The contract term begins December 31, 2018 and the software provides required OSHA safety and other critical training for Police, Fire and non-sworn City employees. The Fire Department is already using Target Solutions and staff was able to negotiate a lower renewal rate for the Fire Department. Funding will be from four accounts. A detailed breakdown can be found on the corresponding transmittal memorandum. Access to the software will be complimentary from now until the contract term start date. For Action 4 of 793 City Council Agenda September 17, 2018 Page 5 of 15 (A11) Purchase of Three Divvy Stations from Motivate International Inc. The Transportation & Parking Committee and staff recommend approval for the purchase of three (3) Divvy stations from Motivate International Inc. in the amount of $33,991.96. This purchase is proposed to be made utilizing funds that are within the approved budget for Divvy operating expenses for FY2018. Funding will be from the Parking Fund- Divvy Operating Expenses (Account 505.19.7005.62603), which has a FY2018 budget of $304,000 and a YTD balance of $194,390.94. Staff anticipates that the FY2018 Divvy expenses will be $125,000.00. For Action (A12) Thirty-Six Month Contract Extension with Motivate International Inc. to Continue Operation of Divvy Bicycle Sharing System The Transportation & Parking Committee and staff recommend the City Council authorize the City Manager to negotiate and execute a 36 month extension with Motivate International Inc. (“Motivate”) to continue to operate the Divvy bicycle sharing system in Evanston. This is a second partial extension of one of two 5 year extensions contemplated in the Operator Agreement between the City and Motivate. Staff anticipates the FY2019 budgeted amount for Divvy expenses will be cost neutral. For Action (A13) Resolution 67-R-18, Memorandum of Understanding with the City of Chicago Department of Transportation to Seek Approval to Share Revenue in the Divvy Sponsorship Agreement The Transportation & Parking Committee and staff recommend City Council adopt Resolution 67-R-18, authorizing the City Manager to negotiate and execute a Memorandum of Understanding with the City of Chicago for a joint advertisement agreement for sponsorship of all Divvy bicycles, with Evanston receiving a pro rata share based on the number of bicycles in the Evanston Divvy system. For Action (A14) Resolution 69-R-18, Authorizing a Lease Renewal Agreement with Impact Behavioral Health Partners for Office Space at the Civic Center Staff recommends City Council adoption of Resolution 69-R-18 authorizing the City Manager to negotiate the lease of office space with Impact Behavioral Health Partners (Impact) for 24 months for 2,940 square feet of space on the ground floor of the Civic Center (Suite G310 to G651), including eleven (11) telephone lines and telephones, at the rate of $3,362.00 per month. Impact will be responsible for payment of all remaining utilities. For Action 5 of 793 City Council Agenda September 17, 2018 Page 6 of 15 (A15) Resolution 62-R-18, Agreement with Hoffman House Catering for Senior Meal Food Programs Staff recommends City Council adoption of Resolution 62-R-18 authorizing the City Manager to execute renewal contract with Hoffman House Catering (1530 Hubbard Ave., Batavia, IL) to provide a senior meal congregate program at the Levy Senior Center and Fleetwood-Jourdain Community Center for a period of October 1, 2018 through September 30, 2019 in the not–to-exceed amount of $4.80 per lunch meal. Total meal program contract value is projected at $43,543.00 (dependent upon the number of lunches served and varies depending on the levels of participation). The program will be reimbursed through a grant from Age Options, the regional coordinator of federal funds dispersed for programs in the Older Americans Act and donations received from attendees at the meal program. For Action (A16) Resolution 59-R-18, Approving Intergovernmental Agreement for Use of the Village of Winnetka’s Fire Training Tower Staff recommends that the City Council adopt Resolution 59-R-18 authorizing the City Manager to execute an inter-governmental agreement with the Village of Winnetka for the limited use of their training tower for Evanston Fire Department community engagement programs. For Action (A17) Resolution 70-R-18, Grant Application for State Funding through the Open Space Land Acquisition and Development Grant Program for the Harbert Park Renovation Project Staff recommends approval of Resolution 70-R-18 authorizing the City Manager to Sign a Resolution of Authorization as part of an Open Space and Land Acquisition and Development (OSLAD) grant application to the Illinois Department of Natural Resources for the Harbert Park Renovations Project. Although the City has been a past recipient of the OSLAD grant, this is the first time in several years that the grant program has been accepting applications. If awarded, funding for this project will be from a variety of funding sources already proposed for Harbert Park Improvements in the 2019 budget, including 2018 Good Neighbor Funds, the Neighborhood Improvement Reserve Fund, and the 2019 General Obligation Bonds. For Action 6 of 793 City Council Agenda September 17, 2018 Page 7 of 15 (A18) Resolution 66-R-18, Easement Agreement with Northwestern University for Replacement of Underground Water Storage Reservoir at Lincoln Street and Campus Drive Staff recommends City Council adoption of Resolution 66-R-18 authorizing the City Manager to execute an easement agreement with Northwestern University to provide for a temporary construction easement for the removal of the existing reservoir and installation of the new reservoir. The easement agreement also establishes a long term easement agreement between the parties for the underground reservoir to be located below Northwestern University property. For Action (A19) Ordinance 98-O-18, Amending City Code Section 7-2-6(D), “Sidewalk Cafes,” Allowing Class K Liquor Licensees Sidewalk Cafes City staff submits to City Council for consideration Ordinance 98-O-18 which amends the City Code to permit sidewalk cafes at business establishments that hold Class K liquor licenses. Alderman Revelle recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council. For Introduction and Action (A20) Ordinance 85-O-18, Decreasing the Number of Class C Liquor Licenses for Bat 17 located at 1709 Benson Avenue Staff recommends City Council adoption of Ordinance 85-O-18, amending Evanston City Code Subsection 3-4-6-(C) to decrease the number of Class C Liquor Licenses from twenty-four (24) to twenty-three (23). Alderman Fiske recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. For Introduction and Action (A21) Ordinance 86-O-18, Increasing the Number of Class C Liquor Licenses for Tereneo 3634, LLC d/b/a Bat 17 located at 1709 Benson Avenue. Local Liquor Commissioner recommends City Council adoption of Ordinance 86- O-18, amending Evanston City Code Subsection 3-4-6-(C) to increase the number of Class C Liquor Licenses from twenty-three (23) to twenty-four (24) and permit issuance of a Class C license to Tereneo 3634, LLC d/b/a Bat 17, located at 1709 Benson Avenue. Alderman Fiske recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. For Introduction and Action 7 of 793 City Council Agenda September 17, 2018 Page 8 of 15 (A22) Ordinance 87-O-18, Decreasing the Number of Class R Liquor Licenses for Sodexo America, LLC d/b/a Northwestern University – Norris Center located at 1999 Campus Drive Staff recommends City Council adoption of Ordinance 87-O-18, amending Evanston City Code Subsection 3-4-6-(R) to decrease the number of Class R Liquor Licenses from three (3) to two (2). Sodexo America, LLC d/b/a Northwestern University – Norris Center has closed. Staff recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. For Introduction and Action (A23) Ordinance 88-O-18, Increasing the Number of Class R Liquor Licenses for Compass Group USA, Inc. d/b/a Chartwell’s - Northwestern University Norris Center located at 1999 Campus Drive Local Liquor Commissioner recommends City Council adoption of Ordinance 88- O-18, amending Evanston City Code Subsection 3-4-6-(R) to increase the number of Class R Liquor Licenses from two (2) to three (3) and permit issuance of a Class R license to Compass Group USA, Inc. d/b/a Chartwell’s - Northwestern University Norris Center located at 1999 Campus Drive. Staff recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. For Introduction and Action (A24) Ordinance 89-O-18, Decreasing the Number of Class T Liquor Licenses for Sodexo America, LLC d/b/a Sodexo America located at 1501 Central Street Staff recommends City Council adoption of Ordinance 89-O-18, amending Evanston City Code Subsection 3-4-6-(T) to decrease the number of Class T Liquor Licenses from three (3) to two (2). Staff recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. For Introduction and Action (A25) Ordinance 90-O-18, Increasing the Number of Class T Liquor Licenses for Compass Group USA, Inc., d/b/a Chartwell’s located at 1999 Campus Drive Local Liquor Commissioner recommends City Council adoption of Ordinance 90- O-18, amending Evanston City Code Subsection 3-4-6-(T) to increase the number of Class T Liquor Licenses from two (2) to three (3) and permit issuance of a Class T license to Compass Group USA, Inc., d/b/a Chartwell’s located at 1999 Campus Drive. Staff recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. For Introduction and Action 8 of 793 City Council Agenda September 17, 2018 Page 9 of 15 (A26) Ordinance 91-O-18, Increasing the Number of Class T Liquor Licenses for Levy Premium Foodservice Limited Partnership, d/b/a Levy at Ryan Fieldhouse and Walter Athletics Center located at 2255 Campus Drive Local Liquor Commissioner recommends City Council adoption of Ordinance 91- O-18, amending Evanston City Code Subsection 3-4-6-(T) to increase the number of Class T Liquor Licenses from three (3) to four (4) and permit issuance of a Class T license to Levy Premium Foodservice Limited Partnership, d/b/a Levy at Ryan Fieldhouse and Walter Athletics Center located at 2255 Campus Drive. Staff recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. For Introduction and Action (A27) Ordinance 95-O-18, Increasing the Number of Class D Liquor Licenses for Union Squared Evanston located at 1307 Chicago Avenue Staff recommends City Council adoption of Ordinance 95-O-18, amending Evanston City Code Subsection 3-4-6-(D) to increase the number of authorized Class D liquor licenses from fifty (50) to fifty-one (51). Staff recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council. For Introduction and Action (A28) Ordinance 96-O-18, Decreasing the Number of Class A Liquor Licenses for Union Squared Evanston located at 1307 Chicago Ave. Staff recommends City Council adoption of Ordinance 96-O-18 amending Evanston City Code of 2012 Subsection 3-4-6-(A), as amended, to decrease the number of authorized Class A liquor licenses from one (1) to zero (0). Staff recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council. For Introduction and Action (A29) Ordinance 97-O-18, Increasing the Number of Class T Liquor Licenses for L3 Evanston, LLC, d/b/a Next of Kinship located at 1603 Orrington Avenue Local Liquor Commissioner recommends City Council adoption of Ordinance 97- O-18, amending Evanston City Code Subsection 3-4-6-(T) to increase the number of Class T Liquor Licenses from four (4) to five (5) and permit issuance of a Class T license to L3 Evanston, LLC, d/b/a Next of Kinship located at 1603 Orrington Avenue. Staff recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. For Introduction and Action 9 of 793 City Council Agenda September 17, 2018 Page 10 of 15 (A30) Ordinance 109-O-18, Allowing Extended Hours of Alcohol Service for Z-1 and Z-2 Liquor License Holders through City Council Approval Local Liquor Commissioner recommends City Council adoption of Ordinance 109-O-18, amending Evanston City Code Subsection 3-4-6(Z-1) and 3-4-6(Z-2), to allow for extended hours of alcohol service for Z-1 and Z-2 liquor license holders through City Council approval. Alderman Revelle recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. For Introduction and Action (A31) Extended Alcohol Service for One-Day Events - Levy Premium Foodservice Staff submits for City Council approval a request to extend alcohol service hours for one-day liquor events taking place at 1501 Central Street (“Levy Premium Foodservice”), on September 8, 2018, September 29, 2018, October 13, 2018, October 27, 2018, November 3, 2018, and November 24, 2018 to accommodate game day events during the Northwestern University football season. For Action (A32) Ordinance 99-O-18, Amending Class K Liquor License to Decrease the Permitted Volume of Wine for Off Premise Consumption, Permit Alcoholic Spirit Tasting, and Increase the Permitted Volume of Beer for Consumption Onsite Local Liquor Commissioner recommends City Council adoption of Ordinance 99- O-18, amending Evanston City Code Subsection 3-4-6-(K) to decrease the permitted volume of wine for off premise consumption, permit alcoholic spirit tasting, and increase the permitted volume of beer for onsite consumption. Alderman Revelle recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council. For Introduction and Action (A33) Ordinance 101-O-18, Amending the Class U Liquor License Permitted Hours of Sale of Alcoholic Liquor and Eliminating the Restriction of the Sale of Alcohol to the Lobby Local Liquor Commissioner recommends City Council adoption of Ordinance 101-O-18, amending Evanston City Code Subsection 3-4-6-(U) to amend the permitted hours of sale of alcoholic liquor and eliminating the restriction of the sale of alcohol to the lobby. This Ordinance will permit Class U licensees to sell alcoholic liquor two hours prior to any performance, during intermission, and two hours after the end of any performance. Staff recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. For Introduction and Action 10 of 793 City Council Agenda September 17, 2018 Page 11 of 15 (A34) Ordinance 100-O-18, Proposed Modifications to City Code Section 10-11-6, Schedule VI; Snow Routes and Snow Emergency Regulations Contained in Section 10-4-13 Staff recommends that City Council adopt Ordinance 100-O-18, amending City Code 10-4-13 (C), Snow Emergency, and the designated Snow Routes in Section 10-11-6, Schedule VI. The majority of the proposed modifications will make the City Code consistent with the current snow route map, existing snow route sign postings and staff’s current operations during snow events thereby improving snow removal operations and towing/parking bans associated with declared snow emergencies. For Introduction (A35) Ordinance 40-O-17, Amending City Code Section 7-12-4-2, Lead Service Line Replacement Program Staff recommends that City Council adopt Ordinance 40-O-17, amending City Code Section 7-12-4-2, Installation and Maintenance of Service Pipe from Tap to Fixtures. The proposed amendment would promote the replacement of lead water service lines by residential property owners. Ordinance 40-O-17 was introduced on April 24, 2017 but never returned to City Council for adoption. Staff was not aware the Ordinance was never adopted and has been offering loans to property owner on streets where water mains are being replaced since 2017. Funding for the lead water service abatement program is from the Water Fund reserves and transferred to Account 510.40.4225.62410 as needed as loans are issued. For Action PLANNING & DEVELOPMENT COMMITTEE (P1) Appeal to Planning & Development Committee of Design and Project Review Committee Decision Denying Variance for Commercial Variable Message Sign (CVMS) for Citgo Station at 1925 Green Bay Rd This item will only be heard at the Planning & Development Committee meeting. No Action to be taken at City Council (P2) Landlord-Tenant Services with Metropolitan Tenants Organization & Lawyers’ Committee for Better Housing The Housing and Homelessness Commission and staff recommend City Council approval of a not to exceed $70,000 contract with Metropolitan Tenants Organization and Lawyers’ Committee for Better Housing for landlord-tenant services. The funding source is the City’s Affordable Housing Fund (Account 250.21.5465.65497). The Affordable Housing Fund has a current uncommitted cash balance of approximately $600,000; including $114,500 budgeted for housing services in FY2018. For Action 11 of 793 City Council Agenda September 17, 2018 Page 12 of 15 (P3) Ordinance 41-O-18, Amending City Code Section 6-16, Table 16-B, “Schedule of Minimum Off Street Parking Requirements” The Plan Commission and staff recommend City Council adopt Ordinance 41-O- 18, amending the Zoning Ordinance to modify parking requirements for College/University Institutions. Staff is proposing to adjust the parking requirements for dormitories and fraternity and sorority houses. The proposed text amendment still requires more than the 1 to 16 ratio of students with parking permits to those eligible to obtain parking permits. The proposed amendment would reduce the total required parking spaces on Northwestern University’s campus from 4,096 to approximately 3,493. For Introduction (P4) Ordinance 105-O-18, Amending Portions of the Zoning Ordinance Creating Brew Pubs and Craft Alcohol Production Facilities The Plan Commission and staff recommend approval of Ordinance 105-O-18 authorizing Zoning Ordinance Text Amendments to alcohol producing uses that include allowing Brew Pubs as a Special Use in the MXE Mixed-Use Employment District. For Introduction (P5) Ordinance 108-O-18, Special Use Permit and Major Variations for a Banquet Hall and a Brew Pub, Double Clutch Brewing Company, at 2119-2125 Ashland Avenue The Zoning Board of Appeals and staff recommend approval of Ordinance 108- O-18 authorizing Special Uses for a Banquet Hall and Brew Pub and Major Zoning Variations for a 0’ front yard setback where 10’ is required, a 0’ interior side yard setback where 5’ is required, a 0’ rear yard setback where 5’ is required, and to eliminate 1 required short loading dock. For Introduction (P6) Ordinance 103-O-18, Granting a Special Use for a Type 2 Restaurant, Backlot Coffee, at 2004 Central Street The Zoning Board of Appeals and City Staff recommend adoption of Ordinance 103-O-18 granting a special use approval for a Type 2 Restaurant, Backlot Coffee in the B1a Business District and oCSC Central Street Overlay District. The applicant has complied with all zoning requirements, and meets all of the standards of a special use for this district. Alderman Revelle recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council. For Introduction and Action 12 of 793 City Council Agenda September 17, 2018 Page 13 of 15 (P7) Ordinance 104-O-18, Granting a Special Use and Zoning Relief to Expand a Daycare Center - Child at 2200 Main Street The Zoning Board of Appeals and City staff recommend adoption of Ordinance 104-O-18 granting special use approval to expand a Daycare Center – Child, the Infant Welfare Society of Evanston, and zoning relief for a one-story addition with a 6.1’ west interior side yard setback where 15’ is required, at 2200 Main St. in the R2 Single Family Residential District. The applicant has complied with all zoning requirements and meets all of the standards for a special use for this district. Alderman Braithwaite recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council. For Introduction and Action (P8) Ordinance 102-O-18 Granting a Special Use for a Type 2 Restaurant, Kilwins Chocolates, at 1724 Sherman Avenue The Zoning Board of Appeals and City Staff recommend adoption of Ordinance 102-O-18 granting a special use approval for a Type 2 Restaurant, Kilwins Chocolates 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 (P9) Ordinance 106-O-18, Granting a Special Use for a Public Utility and Major Zoning Relief for a Fence (Concrete Wall) at 514 Custer Avenue The Zoning Board of Appeals and City staff recommend adoption of Ordinance 106-O-18 granting special use approval for a Public Utility for the replacement of existing ComEd equipment with “DC-in-a-box” utility equipment, and major zoning relief for a 20’-tall fence (concrete wall) for safety and thermal screening of the utility equipment, at 514 Custer Ave. The applicant has complied with all other zoning requirements, and meets all of the standards for special use and major variation in the R3 Two Family Residential District. For Introduction (P10) Ordinance 84-O-18, Granting a Special Use for a Daycare Center – Domestic Animal, and Kennel, Rex’s Place, at 2118-2120 Ashland Ave., 1625 Payne St., and 2147-2149 Dewey Ave. The Zoning Board of Appeals and City staff recommend adoption of Ordinance 84-O-18 granting special use approval for a Daycare Center – Domestic Animal, and Kennel, in the MXE Mixed Use Employment District. The applicant has complied with all zoning requirements and meets all of the standards for special use and major variations for this district. For Action 13 of 793 City Council Agenda September 17, 2018 Page 14 of 15 APPOINTMENTS (O1) For Appointment: Arts Council Pashen Black Pashen Black is a communications executive with more than 15 years of experience leading executive communications, public relations and corporate communications for multinational companies. As a member of the Evanston Chapter of Delta Sigma Theta Sorority, Inc., Pashen created and implemented programs to support the city’s African American community. She has a passion for the arts and creative writing, and holds a bachelor’s degree in Journalism and a master’s degree in Communications from the University of Central Florida. Arts Council Lisa Corrin Lisa Corrin is the director of Northwestern University’s Block Museum of Art and has over 30 years of experience in the arts profession, including serving as deputy director of art and chief curator for the Seattle Art Museum and as chief curator for the Serpentine Gallery in London. She has served as a board member of the Seattle Repertory Theatre and Mass MoCa, a major art museum for living artists. Lisa is a member of the American Association of Art Museum Directors. For Action (O2) For Reappointment: Economic Development Committee, Hecky Powell 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 14 of 793 City Council Agenda September 17, 2018 Page 15 of 15 MEETINGS SCHEDULED THROUGH SEPTEMBER 2018 Upcoming Aldermanic Committee Meetings 9/24/2018 6:00 PM Administration & Public Works, Planning & Development, City Council 9/25/2018 7:00 PM Housing & Community Development Act Committee 9/26/2018 6:00 PM Transportation & Parking Committee 9/26/2018 7:30 PM Economic Development Committee 9/27/2018 5:30 PM Emergency Telephone System Board 9/27/2018 6:30 PM Equity & Empowerment Commission 9/27/2018 7:00 PM Housing & Community Development Act Committee 9/28/2018 8:00 AM Alternatives to Arrest 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. 15 of 793 For City Council meeting of September 17, 2018 Item SP1 Proposed Fiscal Year 2019 Budget Updates For Discussion To: Honorable Mayor and Members of the City Council From: Erika Storlie, Assistant City Manager Kimberly Richardson, Deputy City Manager Subject: Proposed Fiscal Year 2019 Budget Updates Date: September 12, 2018 Staff will present City Council with updates related to Priority Based Budgeting & the Fiscal Year 2019 Proposed Budget, including an overview of options for the City of Evanston’s parking system and an update on the Social Services Working Group. Memorandum 16 of 793 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, July 23rd, 2018 Present: Alderman Fiske Alderman Revelle Alderman Braithwaite Alderman Rainey Alderman Wynne Alderman Fleming Alderman Rue Simmons Alderman Suffredin (9) Absent: Alderman Wilson (1) Presiding: Mayor Pro Tempore Judy Fiske Devon Reid City Clerk 17 of 793 Mayor’s Public Announcements Mayor Pro Tempore Judy Fiske had no announcements Watch City Manager’s Public Announcements City Manager Wally Bobkiewicz invited Director Lawrence Hemingway to present the recognition to the Special Recreation Athletes and Coaches Watch City Clerk’s Communications City Clerk invited residents to the 5th Ward Ice Cream Social on Saturday July 28 from 2 - 5 p.m. Announced August 5th being last day to submit a Referendum, August 11th is the last day to file objections to petitions and August 30th is the last day for certification by the Clerk’s Office Watch Public Comment Pauline Kurtides Spoke about the construction happening at 917 Edgemere Ct. Watch Doug Gilbert Spoke about the construction happening at 917 Edgemere Ct. Said the appeal is not worthy of upholding. Lastly, asked City Council preserve the Harley Clarke mansion. Watch Barbara Barewin Riley Asked City Council to preserve Harley Clarke Mansion. Watch Mike Vasilko Talked about the Bonds being raised for the Robert Crown Center. Watch Jeanne La Casse Asked City Council to vote against the demolition for Harley Clarke and instead place a referendum question on the ballot in November. Watch Jeff Smith Talked about the Lincoln Beach and Harley Clarke mansion. Watch Meg Welch Talked about the Harley Clarke mansion. Watch Chris Kruger Asked City Council to let the residents decide through a referendum for the future of the Harley Clarke mansion. Watch 18 of 793 Jackie Prince Spoke of Chief Eddington's retirement and asked City Council to vote against demolition for the Harley Clarke mansion. Watch Jill Kidd Supported the denial for an appeal for the 917 Edgemere Ct. property. Watch Andy Kidd Asked City Council to grant the appeal for the property at 917 Edgemere Ct. property. Watch Kimberly Newman Voiced her support for 917 Edgemere Ct. Watch Nate Kipnis Spoke about the Harley Clarke Mansion. Watch Nancy Sreenan Wanted to encourage City Council to vote against the demolition of the Harley Clarke mansion. Watch Nicole Kustok Believed that removing the Harley Clarke mansion is the best decision for the city. Said it would remove privatization of the structure and keep it available for all. Watch Noreen Edwards Metz Addressed the tree estimates in the memorandum for the green space. Watch David Leitunah Said he is a strong proponent for the naturalization of the Harley Clarke space. Watch Tony Dalrymple Talked about the restoration phases for the Harley Clarke mansion. Watch Carl Klein Voiced his support for the preservation for the Harley Clarke mansion. Asked to let the issue be decided by a referendum question. Watch Ray Friedman Thanked everyone for their efforts to better the Evanston community. Watch Tim Franzen Asked City Council to give AJ Capital Partners an opportunity to present their proposal for the Harley Clarke mansion. Watch Julie Banas Asked City Council to preserve the Harley Clarke mansion. Mentions that the property can create revenue for the city. Watch Rennie Heath Suggests that a referendum on the Harley Clarke mansion. Urges the council to preserve the Harley Clarke mansion. Watch Lena Thodos Comments on the Lighthouse Dunes group. Asks council to listen to the Evanston people and preserve the Harley Clarke mansion. Watch Frederick Weinstein Believes that the Harley Clarke is a building that represents Evanstonian culture. Urges council to consider a referendum on this Watch 19 of 793 property. Madeline Gelis Mentions how the Harley Clarke mansion is an architectural heirloom. Asks the council to prevent the demolition. Watch Diane Thodos Shows poster of the interior pictures of the Harley Clarke mansion. Comments how the Harley Clarke is not falling apart. Asks council to carefully make a decision. Watch Bonnie Mcdonald Urges council to vote no for the demolition of the Harley Clarke mansion. Mentions how the building enhances public space. Watch Julia Bachrach Asks to vote no to move forward with the resolution that would demolish the Harley Clarke mansions. Mentions how its a public property and reminds council of their public service role. Watch Tom Hodgman On the board and lake house and gardens. Mentions how they have raised $200,000 and asks council to give them more time to raise the amount needed to restore the property. Asks council to not go through with demolishing the Harley Clarke Mansion. Watch Andrew Carlin Allocates time to Tony Bovich. Watch Tony Bovich Represents the people who are urging to protect the Harley Clarke mansion. Comments on the contract and agreement originally signed in the case of the Harley Clarke mansion. Comments on how the proposed demolition has to go through a specific state process. Asks council to reject the demolition. Watch Larry Lundy Comments on a proposed mural. Mentions that it was not his intention to not include the Harley Clarke mansion. Asks council to not demolish the building. Watch Trish Stieglitz Comments on how the MLU can be flawed. Watch Jen Shadur Talks about the Clarke’s philanthropic life. Asks the council to vote no on the project. Watch Michael Ward Asks aldermen to have a public discussion regarding the lease proposals of April 20th. Comments on the group seeking to put an advisory question on the ballot. Watch Christian Sorensen Speaks on behalf of State Rep. Robyn Gabel. Robyn Gabel supports the preservation of the Harley Clarke mansion. Watch Anne Roosevelt Asked City Council to vote for the preservation of the Harley Clarke mansion. Watch 20 of 793 Allie Harned Said herself and other members of the community created a group called Save Harley Clarke who want to put a referendum on the ballot to allow residents to decide the future of the mansion. So far they have collected 3,245 signatures. Watch Jill Zorden Said the Evanston Lighthouse Dunes has not provided a proposal that meets the language of the city's resolution. Watch Sandra Byrnes Spoke of the excellent Police and Fire department officers. Believes it is important to have a full staff of both departments. Watch Candice Dalrymple Asked that everyone be respectful to one another no matter what the outcome for the Harley Clarke mansion is. Watch Margaret Tarr Upset that the offer to demolish the building was made after there was a discussion to make it a public building for everyone. Watch Jan Grimes Asked City Council to remember to keep a few things in mind when trying to resolve the Harley Clarke mansion. Those being stewardship, environment and trust. Watch Thomas Riley Made comments on the issue of the Harley Clarke mansion. Watch Fred Ash Stated that the current proposal for the Harley Clarke mansion is a terrible financial move. Watch Barbara Janes Urged City Council to clearly state that the Lincoln St. Beach belongs to the City of Evanston. Watch Tom Petratis Expressed to City Council his desire to see them find creative solutions to preserve Harley Clarke. Watch Carlis B. Sutton Talked about the Harley Clarke mansion. Watch Priscilla Giles Stated she would like to see Harley Clarke and Robert Crown be placed on the November ballot. Watch Yu Russell Shared her opposition towards any removal of the Harley Clarke mansion. Watch Sue Sabow Owner of 917 Edgemere Ct. who believed she was denied her rights as land owners and doesn’t think they will get a fair resolution in the preservation process. Watch Adam Sabow Stated that the preservation review process is flawed, unclear and was not followed over a two and a half year review. Watch Donna Su Spoke about 917 Edgemere Ct. Watch 21 of 793 George Demet Voiced his support for Adam and Sue Sabow appeal to build their proposed home at 917 Edgemere Ct. Said it was in the best interest of the community and the right thing to do. Watch Cynthia Kasper Wanted to know if the City of Evanston had received any applications for small cell 5G installation. Asked for staff consider the health of the residents, wildlife and environment when considering Ordinance 78-O-18. Watch D.K. Schwartz Voiced his support for the preservation of the Harley Clarke mansion. Watch Tom Hofmaier Urged City Council not to demolish the Harley Clarke mansion and renegotiate the lease with the Lake House group. Watch Robert Willard Voiced his support for the Harley Clarke mansion and does not want to see it demolish. Watch Mark Gasbarra Voiced his support for the Harley Clarke mansion and does not want to see it demolish. Watch Brad White Opposed the Resolution to negotiate a lease for the Harley Clarke mansion with the Evanston Lighthouse Dunes. Watch Cam Davis Clare Kelly read a statement on behalf of Cam Davis, who voiced his support for the preservation of the Harley Clarke mansion. Watch Bruce Enenbach Said that demolishing the mansion is not a proper solution and instead would like City Council to await the results of the referendum question in November. Watch Connie Pourteous Stated that her home in Evanston pre-dates the Civil War and she has been able to maintain the home and would like City Council to take the same care for the Harley Clarke mansion. Watch Mary Rosinski Voiced her support for the preservation of the Harley Clarke mansion. Also asked City Council to not vote in favor on the Transfer Stamp Tax increase. Watch Adam Kushabi Voiced his support for the preservation of the Harley Clarke mansion. Watch Junad Rizki Wanted to see the Harley Clarke mansion accessible to the youth of our community and he expressed his concerns with some problems the demolition of the mansion. Watch Bennett Johnson Shared his opinion on the discussion of the Harley Clarke mansion. Watch Doreen Price Talked about the Harley Clarke mansion, Evanston Public Library and Howard St. Watch 22 of 793 Linda Damashek Voiced his support for the preservation of the Harley Clarke mansion. Watch Patrick Donnelly Reminded City Council of their ability to switch votes in order to preserve the Harley Clarke mansion. Said this should be a facility accessible to everyone in the community. Watch Don Schollenberger Talked about the Harley Clarke mansion and Transfer Stamp Tax. Watch Special Order of Business (SP1) Resolution 51-R-18, Authorizing the City Manager to Execute a Memorandum of Understanding with Evanston Lighthouse Dunes and to File an Application for a Certificate of Appropriateness with the Preservation Commission to Begin the Process to Demolish the Harley Clarke Mansion and Coach House and Restore Site to its Natural State City Council authorized the City Manager to Execute a Memorandum of Understanding (MOU) with Evanston Lighthouse Dunes, to provide funding for the costs associated with the restoration of the dunes and gardens and demolition of the Harley Clarke Mansion and Coach House. Following the execution of the MOU, Resolution 51-R-18 also directs the City Manager or his designee to file an application for a certificate of appropriateness with the Preservation Commission and follow the process outlined in Title 2, Chapter 8 of the City Code of 2012, as amended, to apply for approval to demolish the mansion and coach house. Motion to amend MOU to include an additional $100,00 to be used for restriction of the green space. The $100,000 is to be available 30 days prior to the completion of the demolition Passed 5-3 Alderman Suffredin, Wynne and Revelle voted “No” Motion to amend MOU to include Evanston Lighthouse Dunes group paying the full cost of the project at no cost to the city Passed 8-0 For Action Passed 5-3 Alderman Suffredin, Wynne and Revelle voted “No” Motion: Ald. Rainey Motion: Ald. Fleming Motion: Ald. Rue Simmons Watch 23 of 793 (SP2) Application for Appeal to City Council of Preservation Commission Decision Denying Certificate of Appropriateness for 917 Edgemere Court Staff submits to City Council the Application for Appeal from Adam Sabo and Sue Lee, Applicants, in regard to the Preservation Commission's decision denying a Certificate of Appropriateness for the construction of a new single family home within the Lakeshore Historic District at 917 Edgemere Court. Pursuant to City Code Subsection 2-8-8(G), "Appeals," the City Council may make a motion to accept the application for appeal. If a motion is made and adopted, the City Council shall affirm, modify or reverse the decision of the Preservation Commission within forty-five (45) days. If no motion to accept the application for appeal is made, the decision of the Commission shall be final. For Action Motion made to deny the appeal Passed 5-3 Ald. Rainey, Fleming and Braithwaite voted “No” Motion: Ald. Fiske Motion: Ald. Wynne Watch (SP3) Lincoln Street Beach Ownership and Operations Staff recommends City Council accept and place this report on file. Staff also recommends City Council authorize the City Manager to negotiate a memorandum of understanding between the City of Evanston and Northwestern University specifying the operational details and maintenance responsibilities for the Lincoln St. Beach. For Action: Accept and Place on File Placed on Hold until next Council Meeting (SP4) Real Estate Transfer Tax Increase Staff recommends City Council approval for an increased real estate transfer tax from $5.00 per $1,000 to $7.00 per $1,000, to be split evenly between the buyer and seller at a rate of $3.50 per $1,000, respectively. This practice is common in Illinois municipalities as it shares the burden evenly of the real estate transfer tax. Estimated additional revenues with the implementation of this increased real estate transfer tax equal $1.4 million annually. Due to statutory time restraints, the City Council must take action regarding any real estate transfer taxes during the July 23, 2018 City Council meeting. If this is approved, a resolution will be prepared for the August 13, 2018 City Council meeting and a public notice of a hearing will be prepared for publishing in the newspaper. Watch 24 of 793 For Action Motion to increase the rate to $7 per thousand for those properties over 1.5 million to $5 million and increase the rate to $9 per thousand for those properties over $5 million. Failed 3-5 Ald. Suffredin, Revelle, Fleming, Wynne, Fiske voted “No” Staff recommendation Failed 3-5 Ald. Rue Simmons, Rainey, Fleming, Suffredin and Braithwaite voted “No” Motion for reconsideration of proposed amendment Passed 6-2 Ald. Fiske, Suffredin voted “No” Re-vote on Motion Passed 6-2 Ald. Fiske, Suffredin, voted “No” Motion: Ald. Rainey Motion: Ald. Braithwaite Motion: Ald. Fleming Consent Agenda (M1) Approval of Minutes of the Regular City Council Meetings of June 25, 2018 (revised) and July 9, 2018. For Action Approved on Consent Agenda Motion: Ald. Fleming Watch (A1) Payroll – June 25, 2018 through July 8, 2018 $3,377,379.11 For Action Approved on Consent Agenda (A2) Bills List – July 24, 2018 $4,182,368.75 Credit Card Activity (not including Amazon purchases) - Period Ending May 26, 2018 $ 226,485.16 For Action Approved on Consent Agenda 25 of 793 (A3) Contract with Water Products Company for Purchase of 2018 Water Distribution System Materials City Council authorized the City Manager to execute a one year contract for the purchase of 2018 Water Distribution System Materials (Bid 18-22 - Group B: brass valves, fittings and gaskets) with Water Products Company (3255 East New York Street, Aurora IL 60504) in the amount of $55,353.55. Purchase of materials under this contract will be funded from the Water Fund (Account 510.40.4540.65055). The FY 2018 budget has an allocation of $150,000. This account has a YTD balance of $99,022.30. For Action Approved on Consent Agenda (A4) Contract with S4 Water Sales and Service LLC for Purchase of Anthracite City Council authorized the City Manager to execute a contract for the purchase of Anthracite (Bid No. 17-54) with S4 Water Sales and Service LLC (160 Vanderbilt Court, Bowling Green, KY 42103) in the amount of $23,727.00. Funding for the purchase of Anthracite is from the Water Fund Account 510.40.4220.65085, which has a budget allocation of $45,000.00 for FY2018 and an YTD balance of $39,362.96. For Action Approved on Consent Agenda (A5) Northwestern Football Parking and Tailgating on the Evanston Wilmette Golf Course During 2018 Season Home Football Games City Council approved the Evanston Wilmette Golf Course Association’s (EWGCA) new agreement which allows Northwestern to continue to park cars and tailgate on holes 1, 2, 11 and now includes hole 12. On July 24, 2017 City Council approved EWGCA’s request to allow Northwestern to tailgate on hole 12 as a pilot program during the 2017 football season and evaluate the program at the end of the season. There were no problems or major issues within the one year pilot program. For Action Approved on Consent Agenda (A6) Contract with Axon Enterprise, Inc. for Expansion of the Integrated BodyWorn Camera and Conductive Electric Weapons City Council authorized the City Manager to execute a five (5) - year purchase contract for the expansion of integrated police body-worn cameras and conductive electric weapons with Axon Enterprise, Inc. 26 of 793 (17800 N 85th St., Scottsdale, AZ 85255). The City received a federal grant from the Department of Justice’s - Bureau of Justice Assistance (BJA) that will cover half of the cost for the program expansion. Year 1 purchases total $52,173.00 ($26,086.50 actual cost to the City), and Year 2 purchases total $68,816.00 yearly ($34,408.00 actual cost to the City). Years 3 through 5 will total $68,816.00 with full cost to the City. This timeline synchronizes the expansion contract with the original body-worn camera agreement, which was approved by the Evanston City Council on September 25, 2017. A breakdown of funding can be found on the corresponding transmittal memorandum. For Action Approved on Consent Agenda (A7) Payment to Renew 2018 Membership Fees with Northeastern Illinois Public Safety Training Academy City Council approved payment of the 2018 Northeastern Illinois Public Safety Training Academy (NIPSTA) membership fees in the amount of $21,512.00 for the Fire Department and Public Works Agency. Funding for both the Fire and Public Works Departments’ memberships will be from Fire Department Account 100.23.2305.62360, with an approved budget of $44,800, and $43,487 remaining. For Action Approved on Consent Agenda (A8) One Year Agreement Renewal with Dell/EMC, Inc. for VMware Annual Support & Licensing City Council authorized the City Manager for the purchase of a one year renewal of the annual support and licensing for VMware systems from Dell/EMC, Inc. (One Dell Way, Mail Stop 8129, Round Rock, TX 78682) in the amount of $35,789.47. Funding will be from Account 100.19.1932.62340 (Computer License & Support) which has a FY2018 budget of $500,000.00 and has a current balance of $176,547.21. For Action Approved on Consent Agenda (A9) Amazon Credit Card Activity – Ending May 26, 2018 $ 16,706.86 For Action Passed 7-0-1 Alderman Suffredin abstained Watch 27 of 793 (A10) Resolution 52-R-18, Authorize City to File a Grant Application with the Metropolitan Water Reclamation District of Greater Chicago’s Green Infrastructure Project Partnership for Funding on Alley Improvements City Council adopted Resolution 52-R-18 authorizing the City Manager to file a grant application with the Metropolitan Water Reclamation District of Greater Chicago (MWRD) Green Infrastructure Project Partnership for the paving of two unimproved alleys utilizing permeable paver blocks. The application establishes the maximum grant funding at 60% of the construction cost and commits Evanston to fund 40% of the construction cost, or $200,000. The total estimated cost of construction will be $500,000 with MWRD paying for 60% and the City of Evanston paying for 40%. The City’s share of $200,000 will be paid out of the Sewer Fund (Account 515.40.4535.62461), which has $200,000 budgeted in FY 2018 for stormwater management. For Action Motion made to swap Alley 1 and 21 vs 18 and 19 Failed 3-5 (Ald. Wynne, Rue Simmons, Revelle, Rainey, Braithwaite voted No) Motion made to include Alley 18 and Alley 21 instead of 18 and 19. Passed 6-2. Ald Fiske and Suffredin voted No Motion: Ald. Suffredin Motion: Ald. Rue Simmons Watch (A11) Ordinance 78-O-18, Amending Title 7, Chapter 16 of the Evanston City Code, “Small Wireless Facilities,” Providing for the Regulation and Application for Small Wireless Facilities City Council adopted Ordinance 78-O-18, regulating small wireless facilities and providing for the small wireless facility application process. Staff recommends suspension of the rules for Introduction and Action at the July 23, 2018 City Council meeting to comply with the ordinance adoption deadline requirement imposed on municipalities by the Small Wireless Facilities Deployment Act, Public Act 100-0585. For Introduction and Action Approved on Consent Agenda (A12) Ordinance 82-O-18, Vacating a Portion of Public Land South of the Church Street Public Right of Way, East of Florence Avenue, to an Abutting Owner City Council adopted Ordinance 82-O-18 vacating a portion of public land south of the Church Street public right of way, east of Florence Avenue, to 28 of 793 an abutting owner. Payment will be made to the City in the amount of $16,000.00 as determined by a third party appraisal report by Property Valuation Services. For Introduction Approved on Consent Agenda (A13) Ordinance 70-O-18, Amending City Code Section 10-11-7, Schedule VII(A), “Passenger Loading Zones, Public Carrier Stops and Stands” to Add a Loading Zone at 1007 Church Street City Council adopted Ordinance 70-O-18, amending City Code Section 10-11-7, Schedule VII(A), “Passenger Loading Zones, Public Carrier Stops and Stands.” to add a loading zone at 1007 Church Street. For Action Approved on Consent Agenda (A14) Ordinance 75-O-18, Amending City Code Section 10-11-7, Schedule VII(B), “Loading Zones” to Add a Loading Zone at 609 South Boulevard City Council adopted Ordinance 75-O-18, amending City Code Section 10-11-7(B), “Loading Zones,” to Add a Loading Zone at 609 South Boulevard. For Action Approved on Consent Agenda (P1) Vacation Rental License for 2001 Orrington Avenue City Council approved a Vacation Rental License for the property located at 2001 Orrington Avenue. The Vacation Rental meets all of the Standards and Procedures for license approval. Following public comment at the Planning and Development Committee and in a neighborhood meeting, a Memorandum of Understanding (MOU) has been drafted to address concerns from neighboring property owners. Approval of the Vacation Rental License can be conditioned upon execution of the MOU. For Action Approved on Consent Agenda Motion: Ald. Fiske Watch 29 of 793 (P2) Vacation Rental License for 615 Central Street City Council approved a Vacation Rental License for the property located at 615 Central Street. The Vacation Rental meets all of the Standards and Procedures for license approval. For Action Approved on Consent Agenda (P3) Ordinance 40-O-18, Amending Subsection 6-4-1-9(B)(1) of the City Code, “Permitted Obstructions in Required Yards: General Provisions” City Council approved Ordinance 40-O-18 to amend the Zoning Ordinance to reduce the required front yard setback for open porches in order to allow front porches with a usable depth without the need for zoning relief. For Introduction Approved on Consent Agenda (P4) Ordinance 81-O-18 Granting Major Zoning Relief to Establish a Third Dwelling Unit in an Existing Two-Family Residence at 1822 Lyons Street City Council adopted Ordinance 81-O-18 granting major zoning relief to establish a third dwelling unit in an existing two-family residence in the R4 General Residential District. The applicant requests relief for lot size, lot width, and to add zero parking spaces where two additional parking spaces are required. The applicant has complied with all zoning requirements and meets all of the standards for a variation for this district. For Introduction Approved on Consent Agenda (P5) Ordinance 77-O-18 Granting Major Zoning Relief to Eliminate Parking and Add Fencing for Firehouse Grill at 750 Chicago Avenue City Council adopted Ordinance 77-O-18 granting major zoning relief to eliminate one ADA parking stall (with one remaining) and install a 3’ tall fence (planter box) fronting Chicago Ave., and denying major zoning relief to install an 8’ tall wood fence with a 0’ street side yard (Madison St.) setback, in the C1a Commercial Mixed-Use District. The applicant has complied with all zoning requirements and meets all of the standards for a variation (for parking and the 3’ fence) for this district. For Introduction Approved on Consent Agenda 30 of 793 (P6) Ordinance 76-O-18 Granting a Special Use for a Type 2 Restaurant, Reprise Coffee Roasters at 710 Main Street City Council adopted Ordinance 76-O-18 granting a special use approval for a Type 2 Restaurant, Reprise Coffee Roasters in the B2 District and oDM Dempster-Main Overlay District. The applicant has complied with all zoning requirements, and meets all of the standards of a special use for this district. For Introduction and Action Approved on Consent Agenda (P7) Ordinance 79-O-18, Amending Various Portions of the City of Evanston Zoning Ordinance Revising Minor Preservation Commission Review Procedures City Council amended the Zoning Ordinance Sections 6-4-6-7, Special Regulations Applicable to Fences, 6-15-11, Historic Structures, Sites, and Landmarks Districts and 6-18-3, Definitions, to revise the language and procedures regarding the review of special uses and variations by the Preservation Commission. For Action Approved on Consent Agenda (APP1)For Appointment: Francis Fennell - Commission on Aging Francis Fennell is a 53-year resident of Evanston and retiree of Loyola University, where he served as Dean of Arts and Sciences and other administrative positions. With 47 years as facility member, he serviced on elected bodies which set policies for retirement, benefits and healthcare for staff. For 17 years, Francis and his wife have led large-scale projects feeding the homeless in downtown Chicago and volunteered at Hilda’s Place. He has a B.A., M.A. and PhD. Litrea Hunter - Commission on Aging Litrea Hunter is a retired education human resource administrator interested in issues related to the senior citizen population. She worked with teachers and principals in the development of administrative and school leadership skills. She is a Bessie Rhodes volunteer Fluency tutor, 2016 graduate of the Citizen Police Academy and volunteer for the food pantry. Litrea has a Bachelor in Education and Masters in Administration. Dianne Munevar - Commission on Aging Diane Munevar is employed with Avalere Health. She has experience working with hospitals and post-acute care organization (like nursing homes) to improve their financial sustainability. She also has experience Motion: Ald. Rue Simmons Watch 31 of 793 from the patient side, working with patient-advocacy groups to help represent their interest in federal policy –making. Diane is looking for the opportunity to more fully utilize the experience and skills she has attained in her career to work directly with health systems to improve patient care and outcomes. She has a Master’s degree in Public Policy with a concentration in Social Welfare Policy and Quantitative Analytics. Mark Payares - Commission on Aging Mark Payares is a physical therapist with NorthShore University HealthSystem. He works with seniors everyday and has an inside perspective to their mobility and well being. Much of his career has been spent working with seniors both in the clinic and in their homes and communities. He has a Doctorate in Physical Therapy and is currently licensed as a physical therapist in the State of Illinois. Jeanie Ramsey – Commission on Aging Jeanie Ramsey is a 35-year resident of Evanston and is employed with Services for Adults Staying in Their Homes (SASI). Her personal and professional interest is in the well-being of Evanston’s older adults. She has spent 8 years working with nonprofit home care agency and 5 of those years as executive director. Former member of Ladd Arboretum Committee, Evanston Age Friendly Task Force’s Committee on Transportation; Dementia Friendly Evanston Committee member. Jeanie has a Bachelor of Arts from Emory University. Ruth Hays – Library Board Ruth Hays is a 33-year resident of Evanston and currently tutors high school students part time at Evanston Township High School along with being a Oakton School parent volunteer and PTA member. She has a strong academic background in liberal arts, history and research. In the past, she has taught classes and worked as both a teaching and research assistant. As an undergraduate, she has interned with Queers for Economic Justice, an experience that taught her how important public spaces like libraries can be to vulnerable communities. Ruth has a Bachelor of Arts in Individualized Study from New York University’s Gallatin School, and currently a Ph.D candidate at Northwestern University in African American Studies with a concentration in birth work. Jennifer Draper – Plan Commission Jennifer Draper is a project manager and has had the opportunity to work on several projects within Evanston such as the Lakefront Masterplan with AECOM, Mason Park and, recently Kresge Hall at Northwestern University. In addition, she has a keen interest in native planting, leading the new native landscape design work at the Field Museum of Natural History. Jennifer is a volunteer with Illinois Chapter of American Society of Landscape Architects and Chicago Architecture Foundation “Girls Build” Workshops and as a local resident a participant in the Robert Crown 32 of 793 design meetings. Jennifer has a Master of International Planning and Sustainable Development, Bachelor of Landscape Architecture, LEED AP Mimi Roder - Northwestern University/City of Evanston Committee Ms. Roder is an Evanston native with a strong community connection as a longtime homeowner and neighbor of Northwestern University, as well as a lifetime community volunteer. Some of her civic experience includes: President of the Women’s Club of Evanston (2007-2008), Board Member of Family Matters (1988-1996), and Board Member of Connections for the Homeless (1986-1989), and founding and continuing Board Member of The Ted Fund (1996 – present). Currently, she is Chair of the Finance Committee of the Lake Street Church of Evanston, President Elect of the North End Mother’s Club, and Member of the League of Women Voters, Evanston. In addition, Mimi has been active in the District 65 PTA and District 202 PTA/Booster and Foundations for the past 25 years. For Action Approved on Consent Agenda (APP2) For Re-Appointment: Joan Hickman - Public Safety Civil Service Commission Vicky Pasenko - Animal Welfare Board For Action Approved on Consent Agenda Motion: Ald. Rue Simmons Watch 33 of 793 Call of the Wards Ward 1: No Report Watch Ward 2: No meeting in August for 2nd Ward residents. Ald. Braithwaite will instead be visiting various block parties in the 2nd Ward Watch Ward 3: 3rd Ward meeting on July 26 at Chiaravalle Montessori from 7- 8 p.m. Watch Ward 4: No Report Watch Ward 5: Thanked the Fire Department for their memorial service in honor of the fallen firefighters. 5th Ward Ice Cream Social on Saturday July 28 from 2 - 5 p.m. Watch Ward 6: No Report Watch Ward 7: No Report Watch Ward 8: No Report Watch Ward 9: Invited residents to visit new business Kombuca Brava that sells fermented tea Watch Adjournment Mayor Hagerty called a voice vote to adjourn the City Council meeting, and by unanimous vote the meeting was adjourned. 34 of 793 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, August 13th, 2018 Present: Alderman Fiske Alderman Revelle Alderman Braithwaite Alderman Rainey Alderman Wynne Alderman Fleming Alderman Rue Simmons Alderman Suffredin (8) Absent: Alderman Wilson (1) Presiding: Mayor Stephen Hagerty Devon Reid City Clerk 35 of 793 Mayor’s Public Announcements Mayor Hagerty asked Parks & Rec. Director Lawrence Hemingway to speak and recognize the 500 youth that participated in the Mayor Summer Youth Employment Program. Mayor Hagerty issued a Proclamation, declaring September 2018, National Suicide Prevention Awareness Month. Watch City Manager’s Public Announcements Deputy City Manager Erika Storlie invited Lara Biggs, City Engineer, to give an update on CIP Projects. Watch City Clerk’s Communications City Clerk Devon Reid informed everyone about 3 Objections received by his office pertaining to the Harley Clarke referendum questions. The first Hearing will take place on Tuesday, August 14 at 8:30 a.m. in the Civic Center. Clerk Reid clarified for the public and media his support on keeping the City Clerk’s Office an independent, elected position, rather than appointed as inaccurately stated in a recent Evanston Now publication. Lastly Clerk Reid invited everyone to attend the Participatory Budgeting event on August 22 at 6:30 p.m. at the Civic Center in Room 2402. Watch Special Order of Business (SP1)Resolution 60-R-18, A Resolution Instructing the City Clerk to Submit, for the November 6, 2018 Ballot, a Referendum for a Proposal to Increase the Real Estate Transfer Tax with the Additional Revenue Dedicated to the City of Evanston General Fund City Council adopted Resolution 60-R-18, “A Resolution Instructing the City Clerk to Submit, for the November 6, 2018 Ballot, a Referendum for a Proposal to Increase the Real Estate Transfer Tax with the Additional Watch 36 of 793 Revenue Dedicated to the City of Evanston General Fund.” Estimated additional revenues with the implementation of this increased real estate transfer tax equal $850,000.00 annually. For Action Passed 6-2 Ald. Suffredin and Ald. Fiske voted “No” Hearing Public Comment Bonnie Wilson Opposed increasing the city Transfer Tax. Said Evanston would have the highest rate amongst North Shore communities and 5th highest in Illinois. It would not be a sound solution for a stream of revenue. Watch Don Schollenberger Asked if there were any future plans for long term revenues in the city. Said the Transfer Tax is a temporary fix for a long term problem. Watch Junad Rizki Said the revenue problems in the city will see a 20-50 percent property increase. Said City Council looks to spend money without increasing revenue. Would like to see an independent audit for the city. Watch Rich Fattes Member of Reclaim Evanston who talked in support for the increase of the Real Estate Transfer Tax. Said he would like the text language to include affordable housing as one of the uses of the increase revenues received from the Real Estate Transfer Tax. Watch Rachel Huemen Member of Reclaim Evanston who wanted the language in the referendum modified to include affordable housing as one of the areas to receive funding from the Real Estate Transfer Tax increase. Watch Leila Roob Wanted the language in the referendum modified to include affordable housing as one of the areas to receive funding from the Real Estate Transfer Tax increase. Watch Kathleen Engman Wanted the language in the referendum modified to include affordable housing as one of the areas to receive funding from the Real Estate Transfer Tax increase. Watch Leonard Lamkin Member of Reclaim Evanston who wanted the language in the referendum modified to include affordable housing as one of the areas to receive funding from the Real Estate Transfer Tax increase. Said it wouldn't affect anyone who didn't sell their homes, nor would it Watch 37 of 793 would affect commercial developers. Doug Sharp Member of Reclaim Evanston who said the increase in Transfer Tax may be a solutions a short term budget deficit but it could also be a solution to finding revenues for affordable housing. The language in the referendum should be modified to include affordable housing as one of the areas to receive funding from the Real Estate Transfer Tax increase. Watch Betty Ester Talked about the Real Estate Transfer Tax and its effect on affordable housing. Watch Doreen Price Talked about how to appropriate funds coming from the Transfer Tax, as well as other revenue sources to increase revenues for the city. Watch Public Comment Kathleen Engman Spoke about the dog beach in Evanston Watch Barbara Janes Wanted Lincoln Street beach to become a dog beach. Said that 3 years ago previously when the city had a dog beach, the profits from it were $60,000 and last year the profit was $40,000. Spoke about the various purposes the dog beach could serve for residents. Watch Jill Zorden Said there are risks for demolishing the Harley Clarke mansion, one being the dunes group refusal to pay all cost for the demolition of the mansion. On behalf of Citizens of Evanston, she offered a check for $15,000 to the city to cover a year worth of maintenance cost of the mansion, to give City Council ampel time to make a fully informed decision of the mansion. Watch Jeff Smith Talked about 2 motions made on the MOU not being reflected in the records Watch Mike Kelly Spoke in opposition of having parking apps for Northwestern football events. Watch Junad Rizki Talked about discrepancies in city’s budget deficit. Stated that spending $600,000 to pain a bridge which is not owned by the city is a mismanagement of funds. Believes there is no clear direction being Watch 38 of 793 provided by City Council. Bennett Johnson Spoke about the pumping station, Harley Clarke mansion, Lincoln Street beach and the HOW project. Watch Joyce Zeiss Spoke against the proposal to have people use the ParkEvanston mobile app for Northwestern football game days. Urged City Council to vote against the proposal. Watch Ann Motagawa Voiced her extreme opposition for the proposal to have residents pay for nearby parking during Northwestern football games. Bringing this type of parking is intrusive. Watch James Angelman Asked City Council to accept the agreement to sell water to the Village of Lincolnwood Watch Erv Chocol Spoke about the planned renovations for the Robert Crown Center. Said the city is spending 53 million on an ice ring we cannot afford and only a small percentage of residents will use. Said that eliminating everything except the ice ring and athletic fields would reduce the cost. Bringing in an investor would decrease the maintenance cost for the facility. Stated that City Council is expected to make sound financial decisions. Watch Mark Tendom Board Member of Connections for the Homeless who asked City Council to support Connections for the Homeless for an increase in funding in order to provide better living assistance for families in Evanston. Watch Linda Damshek Asked City Council to inform the public of when/where will they announce the final revised demolition MOU language. Said that residents have the right to view the language before the city decides to move forward. Watch Jennifer Shader Board Member of Alliance of Hope for Suicide Survivors who shared her personal story of a family member who passed away due to suicide. Watch Alvin Paden Stated that Paden Properties would be leaving the market of affordable housing, unless they are properly compensated. Watch Renee Paden Talked about Connection for the Homeless ignoring City Council’s direction to resolve issues between the Paden Family. Stated that her family will take the necessary steps if these issues are not resolved. Watch Tina Paden Assumed City Council had made their decision regarding Tenant-Based Rental Assistance Renewal Funding and subsequently informed City Council they would meet in court. Watch 39 of 793 Kiera Kelly Read a statement of behalf of Trish Stieglitz. In the statement Mrs. Stieglitz expressed her concerns over the MOU and RFP. Watch Priscilla Giles Believes the city should not be spending money to create bus stops. Asked to preserve and promote diversity by making sure we have affordable housing for all. Watch Nancy Sreenan Stated that the draft MOU uses vague terms when describing the scope of work included. The language does not match the language in Resolution 51-R-18. Said it was a rushed process with no clarity for the future of the mansion. Watch Consent Agenda (M1) Approval of Minutes of the Regular City Council Meetings of July 23, 2018 and July 30, 2018. For Action For Action Minutes from July 23 Held for corrections Minutes from July 30 Passed 8-0 Motion: Ald. Fleming Watch Watch (A1) Payroll – July 9, 2018 through July 22, 2018 $3,201,457.76 For Action Approved on Consent Agenda (A2) Bills List – August 14, 2018 $7,783,168.33 Credit Card Activity (not including Amazon purchases) - Period Ending June 26, 2018 $ 205,283.75 For Action Approved on Consent Agenda (A3) Purchase of Three Public Works Agency Vehicles from Currie Motors Inc. and JX Peterbilt City Council approved for the purchase of three (3) vehicles for operations in the Public Works Agency (Public Services Bureau). The following vehicles will be purchased: a Ford F-250 XL from Currie Motors Inc. (9423 W. Lincoln Highway, Frankfort, IL 60423) in the amount of $30,020.00; a Ford F-450 Chassis XL from Currie Motors Inc. in the amount of $63,274.00; and a Peterbilt 337 Cab and Chassis with a Cannon VO-260 40 of 793 aerial device from JX Peterbilt (PO Box 189, Wadsworth, IL 60083) in the amount of $162,917.00. Funding for the vehicles will be from the Equipment Replacement Fund (Account 601.19.7780.65550) in the amount of $256,211.00, which has a budgeted amount of $1,522,977. For Action Approved on Consent Agenda (A4) Fuel Purchases from Gas Depot Oil Company for July 6, 2018 through July 5, 2019 City Council approved fuel purchases from July 6, 2018 thru July 5, 2019 in the amount of $900,000.00 from Gas Depot Oil Company (8930 N. Waukegan Road, Suite 230, Morton Grove, IL 60053). The Gas Depot Oil Company is the current Northwest Municipal Conference Bid winner from July 19, 2018 thru July 19, 2019 for all grades and types of fuels that are utilized by city vehicles. Funding for this purchase will be from the Major Maintenance, Materials to Maintain Autos Fund (Account 600.19.7710.65035). Present fuel prices are $2.42/gallon for 87 octane gasoline and $2.50/gallon for bio-diesel. For Action Approved on Consent Agenda (A5) Benchmark Analytics License Agreement City Council authorized the attached license agreement with Benchmark Analytics for a 3-year agreement with an option to renew for two additional years. The software system will assist with the management of the Evanston Police Department through the analysis of law-enforcement related information. The License Agreement provides that years one through three will be paid through a grant from the Joyce Foundation, 321 North Clark Street, Suite 1500, Chicago, IL 60654. If the City Council decides to renew the license agreement for years four and five, the cost will be $25,000 and $26,000 respectively. This expense will be paid from the Police Department’s operating budget from amounts proposed in those budget years. For Action Approved on Consent Agenda (A6) Contract with Capitol Cement Co., Inc. for 2018 Alley and Street Improvements Project City Council authorized the City Manager to execute a contract for the 2018 Alley and Street Improvements Project (Bid No. 18-34) with Capitol Cement Co., Inc. (6231 North Pulaski Road, Chicago, IL) in the amount of 41 of 793 $874,761.30. Funding will be provided from the CIP Fund as follows: 2018 General Obligation Bonds in the amount of $275,940, the Special Assessment Fund in the amount of $213,645, and Community Development Block Grant funds in the amount of $385,176.30. A detailed breakdown of the funding can be found on the corresponding transmittal memorandum. For Action Approved on Consent Agenda (A7) Contract with Bodala, L.L.C. dba Central Rug and Carpet for the Noyes Cultural Arts Center – Hallway and Common Area Improvements City Council authorized the City Manager to execute a contract for the Noyes Cultural Arts Center – Hallway and Common Area Improvements (Bid 18-37) with Bodala, L.L.C. dba Central Rug and Carpet (3006 Central Street, Evanston, IL) in the amount of $199,145. Funding will be provided from the 2018 Capital Improvements Fund reimbursed by the Noyes Tenant Reserve Fund (Account 415.40.4218.65515 – 618010), which was budgeted at $200,000 in FY 2018 with all of the funding remaining. For Action Approved on Consent Agenda (A8) Contract with McGuire Igleski & Associates, Inc. for Architectural and Engineering Services Related to the Water Quality Laboratory City Council authorized the City Manager to execute a contract for architectural and engineering services related to the Water Quality Laboratory (RFP No. 18-18) with McGuire Igleski & Associates, Inc. (1330 Sherman Avenue, Evanston, IL 60201), in the amount of $182,025. Funding will be provided from the Water Fund (Account 513.71.7330.62145-718004) which included $150,000 budgeted for these services in 2018 and an additional $75,000 in 2019. For Action Approved on Consent Agenda (A9) Contract with Giant Maintenance & Restoration for 2018 Fire Hydrant Painting City Council authorized the City Manager to execute a contract for 2018 Fire Hydrant Painting with Giant Maintenance & Restoration (20678 W Highway 176, Mundelein, IL 60060) in the amount of $21,070.00. Funding for this work will be from the Water Fund (Account 510.40.4540.62230), 42 of 793 which has an allocation of $36,000 for fire hydrant painting. For Action Approved on Consent Agenda (A10) Change Order No. 2 to the Engineering Services Contract for the Fountain Square Renovation Project with Christopher B. Burke Engineering, Ltd City Council authorized the City Manager to approve Change Order No. 2 to the existing engineering services contract for the Fountain Square Renovation Project (RFP 15-68) with Christopher B. Burke Engineering, Ltd (9575 W. Higgins Road, Suite 600, Rosemont, IL 60018), in the amount of $39,113.01. This will modify the existing agreement amount from $945,438.68 to $984,551.69 and extend the contract deadline from September 30, 2018 to December 31, 2018. Funding for this work will be through the Washington National TIF fund from liquidated damages assessed against the construction contractor for failure to complete the work within the specified time. As of August 1, 2018 a total of $153,900.00 in liquidated damages has been assessed against the construction contractor. For Action Approved on Consent Agenda (A11) Consulting Contract Amendment #3, Design and Construction Engineering Services on Sherman Avenue between Davis Street and Church Street City Council authorized the City Manager to amend an existing engineering services contract for the Fountain Square Renovation Project (RFP No. 15-68) with Christopher B. Burke Engineering, Ltd (9575 W. Higgins Road, Suite 600, Rosemont, IL 60018), in the amount of $64,861.10. This will modify the existing agreement amount from $984,551.69 to $1,049,412.79 and extend the contract deadline from December 31, 2018 to September 30, 2019. Funding is available through the Washington National TIF through savings realized from earlier portions of the Fountain Square Renovation Project. The actual construction (to be awarded at a future date) will be funded partially by additional savings and through the use of an additional $100,000 in funding from the Washington National TIF fund. For Action Approved on Consent Agenda 43 of 793 (A12) Amazon Credit Card Activity – Period Ending June 26, 2018 $ 23,649.82 For Action Passed 7-0-1 Ald.Suffredin abstained Watch (A13) Resolution 58-R-18, Approving Settlement in Chicagoland Paving Contractors, Inc. v. City of Evanston, et al. City Council adopted Resolution 58-R-18 authorizing the City of Evanston (“City”) to issue a settlement payment pursuant to a settlement agreement and release in Chicagoland Paving Contractors, Inc. v. City of Evanston, et al. (Case No.17 -L-00). For Action Approved on Consent Agenda (A14) Resolution 53-R-18 Authorizing a Lease Agreement with North Shore Senior Center for Office Space at the Civic Center City Council adopted Resolution 53-R-18 authorizing the City Manager to negotiate the lease of office space with North Shore Senior Center at the rate of $511.50 per month for 12 months beginning October 1, 2018 for 430 sq. ft. of space on the ground floor of the Civic Center, Suite G205. For Action Approved on Consent Agenda (A15) Resolution 57-R-18, Illinois Department of Transportation Local Agency Agreement for Phase II Engineering on the Howard Street Corridor Improvement Project City Council approved Resolution 57-R-18 authorizing the City Manager to sign a Local Agency Agreement with the Illinois Department of Transportation (IDOT) for the Howard Street Corridor Improvement Project, Phase II Engineering (construction plans). The Agreement establishes the maximum grant funding of the engineering cost, not to exceed $462,637, and commits Evanston to fund $137,363 of the engineering cost. Funding for this project will be from the Capital Improvement Fund, including 2018 General Obligation Bonds in the amount of $137,363, Surface Transportation Grant (STP) funds in the amount of $162,637, and reimbursement from the City of Chicago in the amount of $300,000. For Action Approved on Consent Agenda 44 of 793 (A16) Resolution 55-R-18, Phase II Engineering Services Agreement for the Howard Street Corridor Improvement Project City Council approved Resolution 55-R-18 authorizing the City Manager to Sign a Preliminary Engineering Services Agreement for Federal Participation with the Illinois Department of Transportation and a Professional Services Agreement with Christopher B. Burke Engineering, Ltd. (9575 W. Higgins Road, Suite 600 Rosemont, IL 60018) in the amount of $600,000. The total cost of the Phase II Engineering Services with Christopher B. Burke Engineering is $600,000. The Howard Street Project is a joint project with the City of Chicago and 50% of the funding is provided by Chicago. The City has received a federal grant of $162,637 through the North Shore Council of Mayors and this will be reimbursed to the City of Evanston. The remaining amount of $137,363 will be from the Capital Improvements Fund, 2018 General Obligation Bonds, Account 415.40.4118.62145-417002. For Action Approved on Consent Agenda (A17) Ordinance 83-O-18, Authorizing the City Manager to Execute an Agreement to Sell Water to a New Wholesale Water Customer, the Village of Lincolnwood, Illinois City Council adopted Ordinance 83-O-18, authorizing the City Manager to execute a Water Supply Agreement with the Village of Lincolnwood. The initial term of the agreement is for 39 years with two 10 year extension provisions at the discretion of Lincolnwood. For Introduction Rules suspended for Introduction and Action Passed 8-0 (A18) Ordinance 93-O-18, Amending City Code Section 10-11-10, Schedule X “Limited Parking” to Add Schedule X(O) Saturday Special Event Parking Pilot Program City Council adopted Ordinance 93-O-18, amending City Code Section 10-11-10, Schedule X “Limited Parking” to add Schedule X(O) Saturday Special Event Parking Pilot Program. This Ordinance would create a special event parking pilot program that would expand the usage of the ParkEvanston mobile app to include an on-street parking zone for Northwestern football game days, with a daily parking rate of $40.00. Amendment to only include the Poplar Metra commuter lot in the Ordinance Passed 8-0 Motion: Ald. Revelle Watch 45 of 793 For Introduction and Action Passed 8-0 (A19) Ordinance 94-O-18, Amending City Code Section 10-11-17, Schedule XVII “Parking Violation Penalties” to Add Schedule XVII (L) Non-Payment of Special Event Parking Fee City Council adopted Ordinance 94-O-18, amending City Code Section 10-11-17, Schedule XVII “Parking Violation Penalties” to add Schedule XVII (L) Non-Payment of Special Event Parking Fee. During the special event pilot program mentioned in item A19, the penalty fee for non-payment would be $80.00. For Introduction and Action Passed 8-0 Watch (A20) Ordinance 92-O-18, Amending City Code Section 10-11-7, Schedule VII(C), “Bus Stops and Zones,” to Add Signed Bus Stops on Dodge Avenue from Oakton Street to Main Street City Council adopted Ordinance 92-O-18, Amending City Code Section 10-11-7, Schedule VII(C), “Bus Stops and Zones,” to add signed bus stops on Dodge Avenue from Oakton Street to Main Street. Amendment to change text to read “east side south of Kenney.” Passed 8-0 For Introduction Rules suspended for introduction and action Passed 8-0 Motion: Ald. Fleming Watch (A21) Ordinance 82-O-18, Vacating a Portion of Public Land South of the Church Street Public Right of Way, East of Florence Avenue, to an Abutting Owner City Council adopted Ordinance 82-O-18 vacating a portion of public land south of the Church Street public right of way, east of Florence Avenue, to an abutting owner. Payment will be made to the City in the amount of $16,000.00 as determined by a third party appraisal report by Property Valuation Services. For Action Approved on Consent Agenda 46 of 793 (P1) Vacation Rental License for 2130 Wesley Avenue City Council approved a Vacation Rental License for the property located at 2130 Wesley Avenue. The Vacation Rental meets all of the Standards and Procedures for license approval. For Action Approved on Consent Agenda Motion: Ald. Fiske Watch (P2) Tenant-Based Rental Assistance Renewal Funding City Council approved a funding renewal of $300,000 in HOME funds to continue the current TenantBased Rental Assistance program, administered by Connections for the Homeless. The funding will provide stable housing for two years to up to ten atrisk Evanston families with children under the age of 18 in Evanston that are underemployed, and break the cycle of poverty and instability by developing the capacity to earn a living wage to support their families and afford market rate rental housing. The increase in funding from $250,000 to $300,000 is due to the increasing costs to rent in Evanston. Funding is from the HOME Investment Partnerships Program (Account 240.21.5430.65535). Currently, the City has a total of $474,275.33 in available uncommitted HOME funds. For Action Passed 8-0 Watch (P3) Resolution 49-R-18, Approving a Plat of Resubdivision for 1239 Asbury Avenue and 1224 Dempster Street City Council adopted Resolution 49-R-18 approving the proposed resubdivision of the property located at 1239 Asbury Avenue and 1224 Dempster Street. For Action Approved on Consent Agenda (P4) Ordinance 84-O-18, Granting a Special Use for a Daycare Center – Domestic Animal, and Kennel, Rex’s Place, at 2118-2120 Ashland Ave., 1625 Payne St., and 2147-2149 Dewey Ave. City Council adopted Ordinance 84-O-18 granting special use approval for a Daycare Center – Domestic Animal, and Kennel, in the MXE Mixed Use Employment District. The applicant has complied with all zoning requirements and meets all of the standards for special use and major variations for this district. 47 of 793 For Introduction Amendments requested will appear on September 17, 2018 Council agenda for action Approved on Consent Agenda (P5) Ordinance 40-O-18, Amending Subsection 6-4-1-9(B)(1) of the City Code, “Permitted Obstructions in Required Yards: General Provisions” City Council approved Ordinance 40-O-18 to amend the Zoning Ordinance to reduce the required front yard setback for open porches in order to allow front porches with a usable depth without the need for zoning relief. For Action Approved on Consent Agenda (P6) Ordinance 81-O-18 Granting Major Zoning Relief to Establish a Third Dwelling Unit in an Existing Two-Family Residence at 1822 Lyons Street City Council adopted Ordinance 81-O-18 granting major zoning relief to establish a third dwelling unit in an existing two-family residence in the R4 General Residential District. The applicant requests relief for lot size, lot width, and to add zero parking spaces where two additional parking spaces are required. The applicant has complied with all zoning requirements and meets all of the standards for a variation for this district. For Action Approved on Consent Agenda (P7) Ordinance 77-O-18 Granting Major Zoning Relief to Eliminate Parking and Add Fencing for Firehouse Grill at 750 Chicago Avenue City Council adopted Ordinance 77-O-18 granting major zoning relief to eliminate one ADA parking stall (with one remaining) and install a 3’ tall fence (planter box) fronting Chicago Ave., and denying major zoning relief to install an 8’ tall wood fence with a 0’ street side yard (Madison St.) setback, in the C1a Commercial Mixed-Use District. The applicant has complied with all zoning requirements and meets all of the standards for a variation (for parking and the 3’ fence) for this district. For Action Approved on Consent Agenda 48 of 793 (O1) Resolution 50-R-18, Authorizing the City Manager to Sign the Greenest Region Compact 2 with the Metropolitan Mayors Caucus to Support Regional Sustainability Initiatives City Council adopted Resolution 50-R-18 Authorizing City Manager to Sign Greenest Region Compact 2. For Action Approved on Consent Agenda Watch: Ald. Revelle Watch (O2) Approval of Funding for Chicago’s North Shore Convention and Visitors Bureau FY 2018 City Council approved funding for Chicago’s North Shore Convention and Visitors Bureau in the amount of $81,174.00 for a period commencing August 14, 2018 through June 30, 2019. Funding will be from the Economic Development Partnership Fund (Account 100.21.5300.62659). For Action Passed 7-1 Ald. Fleming voted No Watch (APP1) For Reappointment: Housing & Community Development Act Committee Glenn Mackey Housing & Community Development Act Committee Michael Miro Economic Development Committee Hecky Powell For Action Ald. Wynne made a motion to only approve the reappointment of Michael Miro and Hecky Powell Passed 7-1 Ald. Fleming voted No Watch 49 of 793 Call of the Wards Ward 1: 1st Ward meeting on Tuesday September 4, from 7-9 p.m. at the Evanston Public Library. There will be a presentation on the projecting happening at 1621 Chicago Ave. There will also be a conversation about the Duluth Civility Project. Watch Ward 2: Thanked various staff members and departments for their works over the previous few weeks. Thanked the Parks & Rec. Department for a great work surrounding the Mayor Summer Youth Program. Watch Ward 3: No Report Watch Ward 4: No Report Watch Ward 5: No Report Watch Ward 6: No Report Watch Ward 7: No Report Watch Ward 8: Thanked Mayor Hagerty and former Mayor Tisdahl for participating in the Howard St Walk. Watch Ward 9: Ridgeville Park District will partner with the 9th Ward to host a 9th Ward Community Night on August 22nd from 5-7 at Ridgeville Park. On August 23, at 7 p.m. there will be a ward meeting at the Fire Station #2 Watch Adjournment Mayor Hagerty called a voice vote to adjourn the City Council meeting, and by unanimous vote the meeting was adjourned. Ald. Wynne lead City Council into Executive Session. A roll call vote was taken and by a unanimous vote (8-0) City Council recessed into Executive Session 50 of 793 ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, September 17, 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 II. APPROVAL OF MINUTES OF REGULAR MEETING OF AUGUST 13, 2018 III. CONSENT CALENDAR All matters listed under the Item III (3), Consent Calendar, are considered by the Committee to be routine and will be enacted in one motion without discussion. If discussion is desired, that item may be removed and considered separately. (A1) Payroll – July 23, 2018 through August 5, 2018 $ 3,195,300.97 Payroll – August 6, 2018 through August 19, 2018 $ 3,094,412.31 Payroll – August 20, 2018 through September 9, 2018 $ 2,872,580.11 For Action (A2) Bills List – September 11, 2018 $ 9,757,054.09 For Action (A5) Change Order No. 2 to the Contract for the 2018 50/50 Sidewalk Replacement Project with Schroeder & Schroeder Inc. Staff recommends that City Council authorize the City Manager to execute Change Order No. 2 to the 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 $10,085.00. Change Order No. 1 increased the contract amount from $211,000.00 to $227,792.00. Proposed Change Order No. 2 will increase the contract amount to $237,877.00. Funding for this work will be from the Dodge Avenue Bus Stop Pilot Fund (Account 415.40.4118.65515 – 418013), which has $50,000 budgeted in 2018. For Action 51 of 793 (A6) One-Year Contract Extension for Purchase of Rock Salt from Morton Salt Company Staff recommends City Council authorize the City Manager to execute a one-year contract extension for the purchase of up to 7,500 tons of rock salt from Morton Salt Company (123 N. Wacker Drive, Chicago, IL) at a cost of $64.21 per ton, for a winter season (2018/19) total of $481,575. Funding for this purchase will be provided from the Snow and Ice Control Fund (Account 100.40.4550.65015), which has a budget of $331,095 and a YTD balance of $16,195. Staff anticipates needing to spend the remainder of the balance in FY2018 which will come from the 2017/18 Rock Salt Purchase Order. Staff will request a FY2019 budget allocation of $465,380 for the purchase of the remaining tons needed to complete the 7,500 tons of salt. For Action (A8) Sidewalk Café – Tag’s Cafe Staff recommends City Council approval of first-time application for a sidewalk café permit for Tag’s Cafe, a Type 2 restaurant located at 2012 Central Street. The sidewalk café will consist of three tables with two seats each for a seating capacity of six, and will operate daily from 6:30 a.m. - 4:00 p.m. For Action (A10) Contract with Target Solutions for a Learning Management Software System Staff recommends City Council authorize the City Manager to enter into a two- year contract with Target Solutions (10805 Rancho Bernardo Road, Suite 200, San Diego, CA 92127-5703) for a Learning Management Software (LMS) system at an annual rate of $31,525. The contract term begins December 31, 2018 and the software provides required OSHA safety and other critical training for Police, Fire and non-sworn City employees. The Fire Department is already using Target Solutions and staff was able to negotiate a lower renewal rate for the Fire Department. Funding will be from four accounts. A detailed breakdown can be found on the corresponding transmittal memorandum. Access to the software will be complimentary from now until the contract term start date. For Action (A14) Resolution 69-R-18, Authorizing a Lease Renewal Agreement with Impact Behavioral Health Partners for Office Space at the Civic Center Staff recommends City Council adoption of Resolution 69-R-18 authorizing the City Manager to negotiate the lease of office space with Impact Behavioral Health Partners (Impact) for 24 months for 2,940 square feet of space on the ground floor of the Civic Center (Suite G310 to G651), including eleven (11) telephone lines and telephones, at the rate of $3,362.00 per month. Impact will be responsible for payment of all remaining utilities. For Action 52 of 793 (A15) Resolution 62-R-18, Agreement with Hoffman House Catering for Senior Meal Food Programs Staff recommends City Council adoption of Resolution 62-R-18 authorizing the City Manager to execute renewal contract with Hoffman House Catering (1530 Hubbard Ave., Batavia, IL) to provide a senior meal congregate program at the Levy Senior Center and Fleetwood-Jourdain Community Center for a period of October 1, 2018 through September 30, 2019 in the not–to-exceed amount of $4.80 per lunch meal. Total meal program contract value is projected at $43,543.00 (dependent upon the number of lunches served and varies depending on the levels of participation). The program will be reimbursed through a grant from Age Options, the regional coordinator of federal funds dispersed for programs in the Older Americans Act and donations received from attendees at the meal program. For Action (A20) Ordinance 85-O-18, Decreasing the Number of Class C Liquor Licenses for Bat 17 located at 1709 Benson Avenue Staff recommends City Council adoption of Ordinance 85-O-18, amending Evanston City Code Subsection 3-4-6-(C) to decrease the number of Class C Liquor Licenses from twenty-four (24) to twenty-three (23). Alderman Fiske recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. For Introduction and Action (A21) Ordinance 86-O-18, Increasing the Number of Class C Liquor Licenses for Tereneo 3634, LLC d/b/a Bat 17 located at 1709 Benson Avenue. Local Liquor Commissioner recommends City Council adoption of Ordinance 86- O-18, amending Evanston City Code Subsection 3-4-6-(C) to increase the number of Class C Liquor Licenses from twenty-three (23) to twenty-four (24) and permit issuance of a Class C license to Tereneo 3634, LLC d/b/a Bat 17, located at 1709 Benson Avenue. Alderman Fiske recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. For Introduction and Action (A22) Ordinance 87-O-18, Decreasing the Number of Class R Liquor Licenses for Sodexo America, LLC d/b/a Northwestern University – Norris Center located at 1999 Campus Drive Staff recommends City Council adoption of Ordinance 87-O-18, amending Evanston City Code Subsection 3-4-6-(R) to decrease the number of Class R Liquor Licenses from three (3) to two (2). Sodexo America, LLC d/b/a Northwestern University – Norris Center has closed. Staff recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. For Introduction and Action 53 of 793 (A23) Ordinance 88-O-18, Increasing the Number of Class R Liquor Licenses for Compass Group USA, Inc. d/b/a Chartwell’s - Northwestern University Norris Center located at 1999 Campus Drive Local Liquor Commissioner recommends City Council adoption of Ordinance 88- O-18, amending Evanston City Code Subsection 3-4-6-(R) to increase the number of Class R Liquor Licenses from two (2) to three (3) and permit issuance of a Class R license to Compass Group USA, Inc. d/b/a Chartwell’s - Northwestern University Norris Center located at 1999 Campus Drive. Staff recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. For Introduction and Action (A24) Ordinance 89-O-18, Decreasing the Number of Class T Liquor Licenses for Sodexo America, LLC d/b/a Sodexo America located at 1501 Central Street Staff recommends City Council adoption of Ordinance 89-O-18, amending Evanston City Code Subsection 3-4-6-(T) to decrease the number of Class T Liquor Licenses from three (3) to two (2). Staff recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. For Introduction and Action (A25) Ordinance 90-O-18, Increasing the Number of Class T Liquor Licenses for Compass Group USA, Inc., d/b/a Chartwell’s located at 1999 Campus Drive Local Liquor Commissioner recommends City Council adoption of Ordinance 90- O-18, amending Evanston City Code Subsection 3-4-6-(T) to increase the number of Class T Liquor Licenses from two (2) to three (3) and permit issuance of a Class T license to Compass Group USA, Inc., d/b/a Chartwell’s located at 1999 Campus Drive. Staff recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. For Introduction and Action (A26) Ordinance 91-O-18, Increasing the Number of Class T Liquor Licenses for Levy Premium Foodservice Limited Partnership, d/b/a Levy at Ryan Fieldhouse and Walter Athletics Center located at 2255 Campus Drive Local Liquor Commissioner recommends City Council adoption of Ordinance 91- O-18, amending Evanston City Code Subsection 3-4-6-(T) to increase the number of Class T Liquor Licenses from three (3) to four (4) and permit issuance of a Class T license to Levy Premium Foodservice Limited Partnership, d/b/a Levy at Ryan Fieldhouse and Walter Athletics Center located at 2255 Campus Drive. Staff recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. For Introduction and Action 54 of 793 (A27) Ordinance 95-O-18, Increasing the Number of Class D Liquor Licenses for Union Squared Evanston located at 1307 Chicago Avenue Staff recommends City Council adoption of Ordinance 95-O-18, amending Evanston City Code Subsection 3-4-6-(D) to increase the number of authorized Class D liquor licenses from fifty (50) to fifty-one (51). Staff recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council. For Introduction and Action (A28) Ordinance 96-O-18, Decreasing the Number of Class A Liquor Licenses for Union Squared Evanston located at 1307 Chicago Ave. Staff recommends City Council adoption of Ordinance 96-O-18 amending Evanston City Code of 2012 Subsection 3-4-6-(A), as amended, to decrease the number of authorized Class A liquor licenses from one (1) to zero (0). Staff recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council. For Introduction and Action (A29) Ordinance 97-O-18, Increasing the Number of Class T Liquor Licenses for L3 Evanston, LLC, d/b/a Next of Kinship located at 1603 Orrington Avenue Local Liquor Commissioner recommends City Council adoption of Ordinance 97- O-18, amending Evanston City Code Subsection 3-4-6-(T) to increase the number of Class T Liquor Licenses from four (4) to five (5) and permit issuance of a Class T license to L3 Evanston, LLC, d/b/a Next of Kinship located at 1603 Orrington Avenue. Staff recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. For Introduction and Action IV. ITEMS FOR CONSIDERATION (A3) Contract with Thelen Materials, LLC for 2018 Leaf Hauling/Disposal Season Staff recommends City Council authorize the City Manager to execute a one-year contract for leaf hauling/disposal with Thelen Materials, LLC (28957 W. IL Route 173 Antioch, IL 60002) in the not to exceed amount of $40,000. Funding will be from the Street Maintenance-Residential Debris/Removal Costs fund (Account 100.40.4510.62415), with a FY18 Budget of $45,000 and a YTD balance of $40,000. For Action 55 of 793 (A4) Change Order No. 3 to the Agreement for the Treated Water Storage Replacement Project Engineering Services with CDM Smith Staff recommends that City Council authorize the City Manager to execute Change Order No. 3 to the agreement for the Treated Water Storage Replacement Project Engineering Services (15-55) to CDM Smith (125 South Wacker Drive, Suite 600, Chicago, IL) in the amount of $22,040.00. This will increase the total contract amount from the current contract price of $1,328,730.00 to $1,350,770.00. Funding will be from the Water Fund, Capital Improvement Account 513.71.7330.62145 -733107, which has an FY 2018 budget allocation of $12,500,000. See corresponding transmittal memorandum for further details on funding. For Action (A7) Emergency Single-Source Agreement with Johnson Controls for Replacement of Fire Panels/Devices at the Lorraine H. Morton Civic Center Staff recommends City Council authorize the City Manager to execute an emergency, single-source agreement for the replacement of the existing fire panels and system devices at the Lorraine H. Morton Civic Center with Johnson Controls (91 N. Mitchell Court, Addison, IL) in the amount of $108,497.00. Funding will be from the CIP 2018 General Obligation Bond. Funding is available in the 2018 Facilities Contingency (Account 415.40.4118.65515 - 618028), which was budgeted at $275,000 and has $272,162.10 remaining. For Action (A9) Sole Source Purchase of Cisco SmartNet Software from CDW Staff recommends City Council authorize the sole source purchase of Cisco SmartNet networking licenses and software from CDW (120 S.Riverside, Chicago, IL 60606) in the amount of $47,509.25. This contract provides support for the City’s essential computer networking system and covers the period September 15, 2018 through September 15, 2019. CDW is the current State Bid Contract provider for these services as of September 2018. Funding is provided by the IT Division, Computer Licensing and Support Fund (Account 100.19.1932.62340), which has a total budget of $500,000 and a YTD balance of $125,700.65. This is a 13% reduction from the previous agreement. For Action (A11) Purchase of Three Divvy Stations from Motivate International Inc. The Transportation & Parking Committee and staff recommend approval for the purchase of three (3) Divvy stations from Motivate International Inc. in the amount of $33,991.96. This purchase is proposed to be made utilizing funds that are within the approved budget for Divvy operating expenses for FY2018. Funding will be from the Parking Fund- Divvy Operating Expenses (Account 505.19.7005.62603), which has a FY2018 budget of $304,000 and a YTD balance of $194,390.94. Staff anticipates that the FY2018 Divvy expenses will be $125,000.00. For Action 56 of 793 (A12) Thirty-Six Month Contract Extension with Motivate International Inc. to Continue Operation of Divvy Bicycle Sharing System The Transportation & Parking Committee and staff recommend the City Council authorize the City Manager to negotiate and execute a 36 month extension with Motivate International Inc. (“Motivate”) to continue to operate the Divvy bicycle sharing system in Evanston. This is a second partial extension of one of two 5 year extensions contemplated in the Operator Agreement between the City and Motivate. Staff anticipates the FY2019 budgeted amount for Divvy expenses will be cost neutral. For Action (A13) Resolution 67-R-18, Memorandum of Understanding with the City of Chicago Department of Transportation to Seek Approval to Share Revenue in the Divvy Sponsorship Agreement The Transportation & Parking Committee and staff recommend City Council adopt Resolution 67-R-18, authorizing the City Manager to negotiate and execute a Memorandum of Understanding with the City of Chicago for a joint advertisement agreement for sponsorship of all Divvy bicycles, with Evanston receiving a pro rata share based on the number of bicycles in the Evanston Divvy system. For Action (A16) Resolution 59-R-18, Approving Intergovernmental Agreement for Use of the Village of Winnetka’s Fire Training Tower Staff recommends that the City Council adopt Resolution 59-R-18 authorizing the City Manager to execute an inter-governmental agreement with the Village of Winnetka for the limited use of their training tower for Evanston Fire Department community engagement programs. For Action (A17) Resolution 70-R-18, Grant Application for State Funding through the Open Space Land Acquisition and Development Grant Program for the Harbert Park Renovation Project Staff recommends approval of Resolution 70-R-18 authorizing the City Manager to Sign a Resolution of Authorization as part of an Open Space and Land Acquisition and Development (OSLAD) grant application to the Illinois Department of Natural Resources for the Harbert Park Renovations Project. Although the City has been a past recipient of the OSLAD grant, this is the first time in several years that the grant program has been accepting applications. If awarded, funding for this project will be from a variety of funding sources already proposed for Harbert Park Improvements in the 2019 budget, including 2018 Good Neighbor Funds, the Neighborhood Improvement Reserve Fund, and the 2019 General Obligation Bonds. For Action 57 of 793 (A18) Resolution 66-R-18, Easement Agreement with Northwestern University for Replacement of Underground Water Storage Reservoir at Lincoln Street and Campus Drive Staff recommends City Council adoption of Resolution 66-R-18 authorizing the City Manager to execute an easement agreement with Northwestern University to provide for a temporary construction easement for the removal of the existing reservoir and installation of the new reservoir. The easement agreement also establishes a long term easement agreement between the parties for the underground reservoir to be located below Northwestern University property. For Action (A19) Ordinance 98-O-18, Amending City Code Section 7-2-6(D), “Sidewalk Cafes,” Allowing Class K Liquor Licensees Sidewalk Cafes City staff submits to City Council for consideration Ordinance 98-O-18 which amends the City Code to permit sidewalk cafes at business establishments that hold Class K liquor licenses. Alderman Revelle recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council. For Introduction and Action (A30) Ordinance 109-O-18, Allowing Extended Hours of Alcohol Service for Z-1 and Z-2 Liquor License Holders through City Council Approval Local Liquor Commissioner recommends City Council adoption of Ordinance 109-O-18, amending Evanston City Code Subsection 3-4-6(Z-1) and 3-4-6(Z-2), to allow for extended hours of alcohol service for Z-1 and Z-2 liquor license holders through City Council approval. Alderman Revelle recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. For Introduction and Action (A31) Extended Alcohol Service for One-Day Events - Levy Premium Foodservice Staff submits for City Council approval a request to extend alcohol service hours for one-day liquor events taking place at 1501 Central Street (“Levy Premium Foodservice”), on September 8, 2018, September 29, 2018, October 13, 2018, October 27, 2018, November 3, 2018, and November 24, 2018 to accommodate game day events during the Northwestern University football season. For Action (A32) Ordinance 99-O-18, Amending Class K Liquor License to Decrease the Permitted Volume of Wine for Off Premise Consumption, Permit Alcoholic Spirit Tasting, and Increase the Permitted Volume of Beer for Consumption Onsite Local Liquor Commissioner recommends City Council adoption of Ordinance 99- O-18, amending Evanston City Code Subsection 3-4-6-(K) to decrease the permitted volume of wine for off premise consumption, permit alcoholic spirit tasting, and increase the permitted volume of beer for onsite consumption. Alderman Revelle recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council. For Introduction and Action 58 of 793 (A33) Ordinance 101-O-18, Amending the Class U Liquor License Permitted Hours of Sale of Alcoholic Liquor and Eliminating the Restriction of the Sale of Alcohol to the Lobby Local Liquor Commissioner recommends City Council adoption of Ordinance 101-O-18, amending Evanston City Code Subsection 3-4-6-(U) to amend the permitted hours of sale of alcoholic liquor and eliminating the restriction of the sale of alcohol to the lobby. This Ordinance will permit Class U licensees to sell alcoholic liquor two hours prior to any performance, during intermission, and two hours after the end of any performance. Staff recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. For Introduction and Action (A34) Ordinance 100-O-18, Proposed Modifications to City Code Section 10-11-6, Schedule VI; Snow Routes and Snow Emergency Regulations Contained in Section 10-4-13 Staff recommends that City Council adopt Ordinance 100-O-18, amending City Code 10-4-13 (C), Snow Emergency, and the designated Snow Routes in Section 10-11-6, Schedule VI. The majority of the proposed modifications will make the City Code consistent with the current snow route map, existing snow route sign postings and staff’s current operations during snow events thereby improving snow removal operations and towing/parking bans associated with declared snow emergencies. For Introduction V. ITEMS FOR DISCUSSION (APW1)Eruv District Expansion Community members seek City Council’s direction on the proposed eruv district expansion. For Discussion VI. COMMUNICATIONS VII. ADJOURNMENT 59 of 793 Administration and Public Works Committee Meeting Minutes of August 13, 2018 James C. Lytle Council Chambers – 6:00 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: C. Fleming, P. Braithwaite, T. Suffredin, A. Rainey, R. Rue Simmons (arrived at 6:15p.m.) STAFF PRESENT: K. Richardson, H. Desai, A. Mackey, L. Biggs, D. Stoneback, T. Nunez, E. Storlie, S. Ciolek, S. Flax, S. Cary, E. Cano, L. Hemingway PRESIDING OFFICIAL: Ald. Fleming I. DECLARATION OF A QUORUM: ALDERMAN FLEMING, CHAIR A quorum being present, Ald. Fleming called the meeting to order at 6:09p.m. II. APPROVAL OF MINUTES OF REGULAR MEETING OF JULY 23, 2018 Ald. Braithwaite moved to accept the Minutes of July 23, 2018 and the A&PW meeting as submitted, seconded by Ald. Fleming. The Minutes of the July 23, 2018 A&PW meeting were approved unanimously 4-0. Ald. Rue Simmons arrived at 6:15p.m. III. PUBLIC COMMENT Junad Rizki spoke to Items A10, A16 and A17. Mr. Rizki stated concerns about the amount of the Chicagoland Paving settlement, which he thinks is the equivalent to a 0.5% property tax increase. He expressed concern about the Fountain Square liquidated damages collection. Mr. Rizki felt the Howard Street improvements are unnecessary. He also asked about the profit for the Lincolwood water sale. IV. CONSENT CALENDAR All matters listed under the Item III (3), Consent Calendar, are considered by the Committee to be routine and will be enacted in one motion without discussion. If discussion is desired, that item may be removed and considered separately. (A1) Payroll – July 9, 2018 through July 22, 2018 $3,201,457.76 For Action DRAFT - NOT APPROVED 60 of 793 (A2) Bills List – August 14, 2018 $7,783,168.33 Credit Card Activity (not including Amazon purchases) - Period Ending June 26, 2018 $ 205,283.75 For Action Removed from consent agenda (A3) Purchase of Three Public Works Agency Vehicles from Currie Motors Inc. and JX Peterbilt Staff recommends City Council approval for the purchase of three (3) vehicles for operations in the Public Works Agency (Public Services Bureau). The following vehicles will be purchased: a Ford F-250 XL from Currie Motors Inc. (9423 W. Lincoln Highway, Frankfort, IL 60423) in the amount of $30,020.00; a Ford F-450 Chassis XL from Currie Motors Inc. in the amount of $63,274.00; and a Peterbilt 337 Cab and Chassis with a Cannon VO-260 aerial device from JX Peterbilt (PO Box 189, Wadsworth, IL 60083) in the amount of $162,917.00. Funding for the vehicles will be from the Equipment Replacement Fund (Account 601.19.7780.65550) in the amount of $256,211.00, which has a budgeted amount of $1,522,977. For Action (A4) Fuel Purchases from Gas Depot Oil Company for July 6, 2018 through July 5, 2019 Staff recommends approval of fuel purchases from July 6, 2018 thru July 5, 2019 in the amount of $900,000.00 from Gas Depot Oil Company (8930 N. Waukegan Road, Suite 230, Morton Grove, IL 60053). The Gas Depot Oil Company is the current Northwest Municipal Conference Bid winner from July 19, 2018 thru July 19, 2019 for all grades and types of fuels that are utilized by city vehicles. Funding for this purchase will be from the Major Maintenance, Materials to Maintain Autos Fund (Account 600.19.7710.65035). Present fuel prices are $2.42/gallon for 87 octane gasoline and $2.50/gallon for bio-diesel. For Action (A5) Benchmark Analytics License Agreement Staff recommends that the City Council authorize the attached license agreement with Benchmark Analytics for a 3-year agreement with an option to renew for two additional years. The software system will assist with the management of the Evanston Police Department through the analysis of law-enforcement related information. The License Agreement provides that years one through three will be paid through a grant from the Joyce Foundation, 321 North Clark Street, Suite 1500, Chicago, IL 60654. If the City Council decides to renew the license agreement for years four and five, the cost will be $25,000 and $26,000 respectively. This expense will be paid from the Police Department’s operating budget from amounts proposed in those budget years. For Action 61 of 793 (A6) Contract with Capitol Cement Co., Inc. for 2018 Alley and Street Improvements Project Staff recommends City Council authorize the City Manager to execute a contract for the 2018 Alley and Street Improvements Project (Bid No. 18-34) with Capitol Cement Co., Inc. (6231 North Pulaski Road, Chicago, IL) in the amount of $874,761.30. Funding will be provided from the CIP Fund as follows: 2018 General Obligation Bonds in the amount of $275,940, the Special Assessment Fund in the amount of $213,645, and Community Development Block Grant funds in the amount of $385,176.30. A detailed breakdown of the funding can be found on the corresponding transmittal memorandum. For Action (A7) Contract with Bodala, L.L.C. dba Central Rug and Carpet for the Noyes Cultural Arts Center – Hallway and Common Area Improvements Staff recommends City Council authorize the City Manager to execute a contract for the Noyes Cultural Arts Center – Hallway and Common Area Improvements (Bid 18-37) with Bodala, L.L.C. dba Central Rug and Carpet (3006 Central Street, Evanston, IL) in the amount of $199,145. Funding will be provided from the 2018 Capital Improvements Fund reimbursed by the Noyes Tenant Reserve Fund (Account 415.40.4218.65515 – 618010), which was budgeted at $200,000 in FY 2018 with all of the funding remaining. For Action (A8) Contract with McGuire Igleski & Associates, Inc. for Architectural and Engineering Services Related to the Water Quality Laboratory Staff recommends City Council authorize the City Manager to execute a contract for architectural and engineering services related to the Water Quality Laboratory (RFP No. 18-18) with McGuire Igleski & Associates, Inc. (1330 Sherman Avenue, Evanston, IL 60201), in the amount of $182,025. Funding will be provided from the Water Fund (Account 513.71.7330.62145-718004) which included $150,000 budgeted for these services in 2018 and an additional $75,000 in 2019. For Action (A9) Contract with Giant Maintenance & Restoration for 2018 Fire Hydrant Painting Staff recommends that the City Council authorize the City Manager to execute a contract for 2018 Fire Hydrant Painting with Giant Maintenance & Restoration (20678 W Highway 176, Mundelein, IL 60060) in the amount of $21,070.00. Funding for this work will be from the Water Fund (Account 510.40.4540.62230), which has an allocation of $36,000 for fire hydrant painting. For Action (A10) Change Order No. 2 to the Engineering Services Contract for the Fountain Square Renovation Project with Christopher B. Burke Engineering, Ltd Staff recommends City Council authorize the City Manager to approve Change Order No. 2 to the existing engineering services contract for the Fountain Square Renovation Project (RFP 15-68) with Christopher B. Burke Engineering, Ltd 62 of 793 (9575 W. Higgins Road, Suite 600, Rosemont, IL 60018), in the amount of $39,113.01. This will modify the existing agreement amount from $945,438.68 to $984,551.69 and extend the contract deadline from September 30, 2018 to December 31, 2018. Funding for this work will be through the Washington National TIF fund from liquidated damages assessed against the construction contractor for failure to complete the work within the specified time. As of August 1, 2018 a total of $153,900.00 in liquidated damages has been assessed against the construction contractor. For Action Removed from consent agenda (A11) Consulting Contract Amendment #3, Design and Construction Engineering Services on Sherman Avenue between Davis Street and Church Street Staff recommends City Council authorize the City Manager to amend an existing engineering services contract for the Fountain Square Renovation Project (RFP No. 15-68) with Christopher B. Burke Engineering, Ltd (9575 W. Higgins Road, Suite 600, Rosemont, IL 60018), in the amount of $64,861.10. This will modify the existing agreement amount from $984,551.69 to $1,049,412.79 and extend the contract deadline from December 31, 2018 to September 30, 2019. Funding is available through the Washington National TIF through savings realized from earlier portions of the Fountain Square Renovation Project. The actual construction (to be awarded at a future date) will be funded partially by additional savings and through the use of an additional $100,000 in funding from the Washington National TIF fund. For Action Removed from consent agenda Ald. Fleming moved to recommend approval of the consent agenda, seconded by Ald. Braithwaite. The Committee voted unanimously 5-0 to approve the consent agenda. V. ITEMS FOR CONSIDERATION (A2) Bills List – August 14, 2018 $7,783,168.33 Credit Card Activity (not including Amazon purchases) - Period Ending June 26, 2018 $ 205,283.75 For Action Ald. Fleming moved to recommend approval of the City of Evanston Bills through August 14, 2018 in the amount of $7,783,168.33 and the credit card activity (not including Amazon purchases) for the period ending June 26, 2018 in the amount of $205,283.75, seconded by Ald. Rue Simmons. Ald. Braithwaite asked staff to pay more attention to the accounts being charged and the descriptioins being used. His example was based on Page 4 of the report that listed Epic Burger as Office Supplies. He also asked staff to provide a 63 of 793 subtotal of charges for each department and if possible add a local spend category. Ald. Fleming made a request for District 65 to partner with the Police Department to provide access to the school facilities in the event of an emergency. Assistant City Manager Erika Storlie will make the request to the school district to pay for the key fobs and return to the Committee. Ald. Rainey requested staff ask Comcast to cancel the cable contract at 745 Howard because the City no longer occupies the former police outpost. It is unfair to the taxpayers of the City of Evanston to continue to pay until 2019. Assistant City Manager Erika Storlie will discuss this issue during the upcoming Comcast franchise renewal meeting and return to the Committee. The Committee voted unanimously 5-0 to approve the bills and credit card activity. (A10) Change Order No. 2 to the Engineering Services Contract for the Fountain Square Renovation Project with Christopher B. Burke Engineering, Ltd Staff recommends City Council authorize the City Manager to approve Change Order No. 2 to the existing engineering services contract for the Fountain Square Renovation Project (RFP 15-68) with Christopher B. Burke Engineering, Ltd (9575 W. Higgins Road, Suite 600, Rosemont, IL 60018), in the amount of $39,113.01. This will modify the existing agreement amount from $945,438.68 to $984,551.69 and extend the contract deadline from September 30, 2018 to December 31, 2018. Funding for this work will be through the Washington National TIF fund from liquidated damages assessed against the construction contractor for failure to complete the work within the specified time. As of August 1, 2018 a total of $153,900.00 in liquidated damages has been assessed against the construction contractor. For Action Ald. Fleming moved to recommend City Council authorize the City Manager to approve Change Order No. 2 to the existing engineering services contract for the Fountain Square Renovation Project (RFP 15-68) with Christopher B. Burke Engineering, Ltd., in the amount of $39,113.01 modifying the existing agreement amount from $945,438.68 to $984,551.69 and extending the contract deadline from September 30, 2018 to December 31, 2018, seconded by Ald. Rainey. At Ald. Rainey’s inquiry, Public Works Agency Director Dave Stoneback explained that the City will collect the liquidated damages assessed from the contractor’s payment. At Ald. Fleming’s inquiry, Director Stoneback explained that Christopher B. Burke Engineering has been proactive with scheduling and guiding the contractor throughout the project. The failure of the construction contractor, Copenhaver Construction, to pressure test the underground pipes for leaks as suggested by Christopher B. Burke (but not required by contract) led to the contract extension. 64 of 793 Director Stoneback is fairly confident in the new deadline of September 30, 2018. The identified leaks will be repaired, glass delivery has been scheduled, fountain software testing will be completed in late August or early September and project closeout will be addressed. At Ald. Rainey’s inquiry, Director Stoneback explained that the fountain will be shut down at the first sign of frost which is usually around mid-November. The contractor is responsible for draining and cleaning the fountain the first two years and then City staff will take on this responsibility. The Committee voted unanimously 5-0 to approve the contract. (A11) Consulting Contract Amendment #3, Design and Construction Engineering Services on Sherman Avenue between Davis Street and Church Street Staff recommends City Council authorize the City Manager to amend an existing engineering services contract for the Fountain Square Renovation Project (RFP No. 15-68) with Christopher B. Burke Engineering, Ltd (9575 W. Higgins Road, Suite 600, Rosemont, IL 60018), in the amount of $64,861.10. This will modify the existing agreement amount from $984,551.69 to $1,049,412.79 and extend the contract deadline from December 31, 2018 to September 30, 2019. Funding is available through the Washington National TIF through savings realized from earlier portions of the Fountain Square Renovation Project. The actual construction (to be awarded at a future date) will be funded partially by additional savings and through the use of an additional $100,000 in funding from the Washington National TIF fund. For Action Ald. Fleming moved to recommend City Council authorize the City Manager to amend an existing engineering services contract for the Fountain Square Renovation Project (RFP No. 15-68) with Christopher B. Burke Engineering, Ltd. in the amount of $64,861.10 modifying the existing agreement amount from $984,551.69 to $1,049,412.79 and extending the contract deadline from December 31, 2018 to September 30, 2019, seconded by Ald. Rainey. Director Stoneback explained that the original contract was $5.9 million contract and the actual contract price is approximately $5.5 million. The savings will be used to replace the sidewalk on the east side of Sherman between Church and Davis and that block of Sherman will also be resurfaced. The Committee voted unanimously 5-0 to approve the contract. (A12) Amazon Credit Card Activity – Period Ending June 26, 2018 $ 23,649.82 For Action Ald. Fleming moved to recommend approval of the Amazon credit card activity for the period ending June 26, 2018 in the amount of $23,649.82, seconded by Ald. Braithwaite. The Committee voted unanimously 4-0 with Ald. Suffredin abstaining to 65 of 793 approve the credit card activity. (A13) Resolution 58-R-18, Approving Settlement in Chicagoland Paving Contractors, Inc. v. City of Evanston, et al. Staff recommends City Council adoption of Resolution 58-R-18 authorizing the City of Evanston (“City”) to issue a settlement payment pursuant to a settlement agreement and release in Chicagoland Paving Contractors, Inc. v. City of Evanston, et al. (Case No.17 -L-00). For Action Ald. Braithwaite moved to recommend City Council adoption of Resolution 58-R-18 authorizing the City of Evanston (“City”) to issue a settlement payment pursuant to a settlement agreement and release in Chicagoland Paving Contractors, Inc. v. City of Evanston, et al. (Case No.17 -L-00), seconded by Ald. Rue Simmons. The Committee voted unanimously 4-0 to adopt the resolution. (A14) Resolution 53-R-18 Authorizing a Lease Agreement with North Shore Senior Center for Office Space at the Civic Center Staff recommends City Council adoption of Resolution 53-R-18 authorizing the City Manager to negotiate the lease of office space with North Shore Senior Center at the rate of $511.50 per month for 12 months beginning October 1, 2018 for 430 sq. ft. of space on the ground floor of the Civic Center, Suite G205. For Action Ald. Rue Simmons moved to recommend City Council adoption of Resolution 53-R-18 authorizing the City Manager to negotiate the lease of office space with North Shore Senior Center at the rate of $511.50 per month for 12 months beginning October 1, 2018 for 430 sq. ft. of space on the ground floor of the Civic Center, Suite G205, seconded by Ald. Braithwaite. The Committee voted unanimously 4-0 to adopt the resolution. (A15) Resolution 57-R-18, Illinois Department of Transportation Local Agency Agreement for Phase II Engineering on the Howard Street Corridor Improvement Project Staff recommends approval of Resolution 57-R-18 authorizing the City Manager to sign a Local Agency Agreement with the Illinois Department of Transportation (IDOT) for the Howard Street Corridor Improvement Project, Phase II Engineering (construction plans). The Agreement establishes the maximum grant funding of the engineering cost, not to exceed $462,637, and commits Evanston to fund $137,363 of the engineering cost. Funding for this project will be from the Capital Improvement Fund, including 2018 General Obligation Bonds in the amount of $137,363, Surface Transportation Grant (STP) funds in the amount of $162,637, and reimbursement from the City of Chicago in the amount of $300,000. For Action Ald. Suffredin moved to recommend approval of Resolution 57-R-18 66 of 793 authorizing the City Manager to sign a Local Agency Agreement with the Illinois Department of Transportation (IDOT) for the Howard Street Corridor Improvement Project, Phase II Engineering (construction plans) establishing the maximum grant funding of the engineering cost, not to exceed $462,637, and commits Evanston to fund $137,363 of the engineering cost, seconded by Ald. Braithwaite. The Committee voted unanimously 5-0 to adopt the resolution. (A16) Resolution 55-R-18, Phase II Engineering Services Agreement for the Howard Street Corridor Improvement Project Staff recommends approval of Resolution 55-R-18 authorizing the City Manager to Sign a Preliminary Engineering Services Agreement for Federal Participation with the Illinois Department of Transportation and a Professional Services Agreement with Christopher B. Burke Engineering, Ltd. (9575 W. Higgins Road, Suite 600 Rosemont, IL 60018) in the amount of $600,000. The total cost of the Phase II Engineering Services with Christopher B. Burke Engineering is $600,000. The Howard Street Project is a joint project with the City of Chicago and 50% of the funding is provided by Chicago. The City has received a federal grant of $162,637 through the North Shore Council of Mayors and this will be reimbursed to the City of Evanston. The remaining amount of $137,363 will be from the Capital Improvements Fund, 2018 General Obligation Bonds, Account 415.40.4118.62145-417002. For Action Ald. Rainey moved to recommend approval of Resolution 55-R-18 authorizing the City Manager to Sign a Preliminary Engineering Services Agreement for Federal Participation with the Illinois Department of Transportation and a Professional Services Agreement with Christopher B. Burke Engineering, Ltd. in the amount of $600,000, seconded by Ald. Rue Simmons. The Committee voted unanimously 5-0 to adopt the resolution. (A17) Ordinance 83-O-18, Authorizing the City Manager to Execute an Agreement to Sell Water to a New Wholesale Water Customer, the Village of Lincolnwood, Illinois Staff recommends that the City Council adopt Ordinance 83-O-18, authorizing the City Manager to execute a Water Supply Agreement with the Village of Lincolnwood. The initial term of the agreement is for 39 years with two 10 year extension provisions at the discretion of Lincolnwood. For Introduction Ald. Fleming moved to suspend the rules and recommend City Council adopt Ordinance 83-O-18, authorizing the City Manager to execute a Water Supply Agreement with the Village of Lincolnwood. The initial term of the agreement is for 39 years with two 10 year extension provisions at the discretion of Lincolnwood, seconded by Ald. Rue Simmons. 67 of 793 The Committee voted unanimously 5-0 to suspend the rules and adopt the ordinance. (A18) Ordinance 93-O-18, Amending City Code Section 10-11-10, Schedule X “Limited Parking” to Add Schedule X(O) Saturday Special Event Parking Pilot Program Staff recommends City Council adopt Ordinance 93-O-18, amending City Code Section 10-11-10, Schedule X “Limited Parking” to add Schedule X(O) Saturday Special Event Parking Pilot Program. This Ordinance would create a special event parking pilot program that would expand the usage of the ParkEvanston mobile app to include an on-street parking zone for Northwestern football game days, with a daily parking rate of $40.00. Staff recommends suspension of the rules for Introduction and Action at the August 13, 2018 City Council. For Introduction and Action PUBLIC COMMENT Ald. Revelle listed a number of concerns regarding the ordinance: 1) Evanston residents that pay the annual wheel tax should not be required to pay the event parking rate; 2) Evanston residents with non-Evanston guests should not be required to pay the event parking rate; 3) Commuters parking along the Metra track in the Poplar lot should not be required to pay the event parking rate; 4) Has adequate consideration been given to the parking needs of patrons of Central Street businesses on game day? She proposed designating the Central Street parking lot as special event parking on game days 4 hours before and 2 hours after the game at a rate of $40 to test the demand. Mary Rosinski felt that this proposal penalizes the residents in the area. She also believes that there are not enough parking spaces to generate the estimated revenue. To solve the resident parking congestion she thinks the area should be resident only parking on game days. At Ald. Rainey’s inquiry, Assistant City Manager Erika Storlie explained that parking on Central Street is limited on game days to efficiently control the flow of stadium traffic. Signs are placed on the parking meters restricting parking approximately 4 hours before kick off and midway through the game the meters on the opposite side of the street are restricted to facilitate a faster exit from the stadium. At Ald. Rainey’s suggestion to increase parking meter fees on Central Street to $40 instead of restricting parking, Assistant City Manager Storlie explained that we do not currently have the ability to adjust the meter prices remotely on game days. Ald. Suffredin said Ald. Revelle’s proposal is a good start and would generate revenue, with more revenue to be captured later through the ParkEvanston app. He did express concern about Police overtime and Central Street businesses. He noted that campus parking is free and people can ride the shuttle to the stadium. 68 of 793 Ald. Fleming moved to suspend the rules and amend the recommendation that City Council adopt Ordinance 93-O-18, amending City Code Section 10- 11-10, Schedule X “Limited Parking” to add Schedule X(O) Saturday Special Event Parking Pilot Program designating the Central Street and Poplar parking lots as special event parking only on game days with a daily parking rate of $40.00, seconded by Ald. Rue Simmons. The Committee voted unanimously to suspend the rules and adopt the amended ordinance. (A19) Ordinance 94-O-18, Amending City Code Section 10-11-17, Schedule XVII “Parking Violation Penalties” to Add Schedule XVII (L) Non-Payment of Special Event Parking Fee Staff recommends City Council adopt Ordinance 94-O-18, amending City Code Section 10-11-17, Schedule XVII “Parking Violation Penalties” to add Schedule XVII (L) Non-Payment of Special Event Parking Fee. During the special event pilot program mentioned in item A19, the penalty fee for non-payment would be $80.00. Staff recommends suspension of the rules for Introduction and Action at the August 13, 2018 City Council. For Introduction and Action Ald. Fleming moved to suspend the rules and recommend City Council adopt Ordinance 94-O-18, amending City Code Section 10-11-17, Schedule XVII “Parking Violation Penalties” to add Schedule XVII (L) Non-Payment of Special Event Parking Fee with a penalty fee for non-payment of $80.00, seconded by Ald. Rue Simmons. The Committee voted unanimously 5-0 to suspend the rules and adopt the ordinance. (A20) Ordinance 92-O-18, Amending City Code Section 10-11-7, Schedule VII(C), “Bus Stops and Zones,” to Add Signed Bus Stops on Dodge Avenue from Oakton Street to Main Street The Transportation and Parking Committee and staff recommend City Council adopt Ordinance 92-O-18, Amending City Code Section 10-11-7, Schedule VII(C), “Bus Stops and Zones,” to add signed bus stops on Dodge Avenue from Oakton Street to Main Street. For Introduction Ald. Fleming moved to suspend the rules and recommend City Council adopt Ordinance 92-O-18, Amending City Code Section 10-11-7, Schedule VII(C), “Bus Stops and Zones,” to add signed bus stops on Dodge Avenue from Oakton Street to Main Street, seconded by Ald. Rue Simmons. The Committee voted unanimously 5-0 to suspend the rules and adopt the ordinance. 69 of 793 VI. ITEMS FOR DISCUSSION (APW1)Proposed Amendment to Snow Route Code of Ordinance 10-4-13 and the Snow Routes Designated in Section 10-11-6, Schedule VI The Public Works Agency recommends amending City Ordinance, 10-4-13 (C), Snow Emergency, and the designated Snow Routes in Section 10-11-6, Schedule VI, in order to improve and assist snow removal operations and towing/parking bans associated with declared snow emergencies. With concurrence of the City Council, staff will work with the Legal Department to craft the appropriate Ordinance to adopt these modifications. For Discussion Public Works Agency Bureau Chief Edgar Cano presented proposed revisions to the snow routes and snow emergency ordinance. The proposed actions clarify starting and ending points, updates the snow route ordinance to match what is currently posted, adds new snow route locations and removes streets that no longer exist or are necessary as a snow route. Ald. Braithwaite suggested driving the affected routes with aldermen. He also asked about District 65 bus routes. Public Works Agency Director Stoneback explained that there are 9 snow removal zones in equal amount of miles. There is at least one truck in each zone at all times. Primary streets are cleared first, then side streets. Ald. Fleming would like aldermen to have more time to review the changes in their ward. She also asked that upon completion, the revised list is published on the website. VI. COMMUNICATIONS VII. ADJOURNMENT Ald. Fleming moved to adjourn, seconded by Ald. Rue Simmons. The Committee voted unanimously 5-0 to adjourn the meeting at 7:12pm. Respectfully Submitted, Janella Hardin, PHR 70 of 793 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: September 13, 2018 Recommended Action: Staff recommends approval of the City of Evanston Payroll and Bills List. Summary: Payroll – July 23, 2018 through August 5, 2018 $ 3,195,300.97 (Payroll includes employer portion of IMRF, FICA, and Medicare) Payroll – August 6, 2018 through August 19, 2018 $ 3,094,412.31 (Payroll includes employer portion of IMRF, FICA, and Medicare) Payroll – August 20, 2018 through September 9, 2018 $ 2,872,580.11 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – September 11, 2018 $ 9,757,054.09 General Fund Amount – Bills list $ 866,892.82 General Fund Amount – Supplemental list $ 3,776.87 General Fund Total: $ 870,669.69 TOTAL AMOUNT OF BILLS LIST & PAYROLL $18,919,347.48 *Advanced checks are issued prior to submission of the Bills List to the City Council for emergency purposes, to avoid penalty, or to take advantage of early payment discounts. Attachments: Bills List For City Council meeting of September 17, 2018 Items A1 & A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 71 of 793 CITY OF EVANSTON BILLS LIST PERIOD ENDING 09.11.2018 100 GENERAL FUND 100 GENERAL SUPPORT 13040 ILLINOIS PAPER DBA IMPACT NETWORKING LLC COPIER PAPER 1,384.00 21639 EYE MED VISION CARE EYE MED VISION MONTHLY INVOICE 4,353.88 21640 METLIFE SMALL BUSINESS CENTER METLIFE DENTAL MONTHLY INVOICE 20,687.81 21640 GUARDIAN GUARDIAN DENTAL MONTHLY INVOICE 18,389.27 22725 VERIZON WIRELESS COMMUNICATION CHARGES 17,433.10 100 GENERAL SUPPORT Total 62,248.06 1300 CITY COUNCIL 62360 METROPOLITAN MAYORS CAUCUS 2017-2018 CAUCUS DUES 3,351.87 62360 CHICAGO METROPOLITAN AGENCY FOR PLANNING FY 2019 LOCAL CONTRIBUTION 2,832.68 1300 CITY COUNCIL Total 6,184.55 1400 CITY CLERK 65175 WEAVER, WENDY *ICE CREAM SOCIAL EVENT 480.00 1400 CITY CLERK Total 480.00 1505 CITY MANAGER 62280 FEDERAL EXPRESS CORP.SHIPPING 26.06 62295 EVONDA THOMAS-SMITH REIMBURSEMENT: SEED TRAINING 147.91 62295 WALTER BOBKIEWICZ *REIMBURSEMENT: BIG TEN LINCOLN, NEBRASKA 969.43 62509 MUDLARK THEATER COMPANY *STAFF TRAINING & COMMUNITY ENGAGEMENT 10,000.00 64540 AT & T MOBILITY *COMMUNICATION CHARGES AUGUST 2018 156.94 1505 CITY MANAGER Total 11,300.34 1510 PUBLIC INFORMATION 62205 ON TRACK FULFILLMENT INC.FIRST WARD MEETING POSTCARDS 444.76 62205 ON TRACK FULFILLMENT INC.POSTAGE FOR FIRST WARD MEETING POSTCARDS 932.65 62490 LANGUAGE LINE SERVICES TRANSLATION SERVICES 54.77 1510 PUBLIC INFORMATION Total 1,432.18 1555 FINANCIAL ADMINISTRATION 62280 FEDERAL EXPRESS CORP.OVERNIGHT SHIPPING CHARGES 73.85 1555 FINANCIAL ADMINISTRATION Total 73.85 1560 REVENUE & COLLECTIONS 51620 CLAS ATTN: JAMES DUGA REFUND TRANSFER STAMP 525.00 51620 CENTRAL LAW GROUP REFUND TRANSFER STAMP 2,725.00 52010 DAKOTA TEAFATILLER WHEEL TAX REFUND - ACTIVE SERVICE 37.50 53710 NICOLAS WINTERMORGEN PAEZ REFUND OF PASSPORT FEE 25.00 61060 ACCOUNTING PRINCIPALS TEMPORARY PERSONNEL SERVICES 6,457.32 62315 PITNEY BOWES POSTAGE MACHINE REFILL 8,080.00 62431 DUNBAR ARMORED ARMORED CAR SERVICES FOR CITY OF EVANSTON 4,823.56 64541 AZAVAR AUDIT SOLUTIONS AUDITING 1,830.48 65045 ILLINOIS SECRETARY OF STATE, VEHICLE *EVANSTON WHEEL TAX LIST 500.00 65095 MSF GRAPHICS, INC.EXEMPT STAMPS 68.70 65095 MSF GRAPHICS, INC.TRANSFER STAMPS 518.00 1560 REVENUE & COLLECTIONS Total 25,590.56 1570 ACCOUNTING 62110 SIKICH LLP AUDIT FEES YE 123117 9,000.00 62110 FOSTER & FOSTER PREPARATION OF 12/31/17 GASB 67/68 DISCLOSURE 3,000.00 62110 FOSTER & FOSTER REVISED 2018 GASB 67/68 DISCLOSURE AND REVIEW OF BOND DOCUMENTS 1,500.00 62185 LAUTERBACH & AMEN LLP PREPARATION OF POLICE/FIRE PENSION IDOI REPORT 13,000.00 62315 FEDERAL EXPRESS CORP.OVERNIGHT SHIPPING CHARGES 61.47 62360 SAM'S CLUB DIRECT *SERVICE FEES 50.00 1570 ACCOUNTING Total 26,611.47 1580 COMMUNITY ARTS 66040 ART ENCOUNTER FINAL PAYMENT FOR MURAL ON EMERSON AT EMERSON-RIDGE-GREENBAY 6,000.00 66040 ART ENCOUNTER FINAL PAYMENT FOR MURAL ON RIDGE AT EMERSON-RIDGE-GREENBAY 6,000.00 66040 PIVEN THEATRE WORKSHOP ARTS COUNCIL CULTURAL FUND GRANT 2,500.00 66040 LITERATURE FOR ALL OF US ARTS COUNCIL CULTURAL FUND GRANT 2,000.00 66040 PERSPECTIVE GROUP AND PHOTOGRAPHY GALLERY LIMITED ARTS COUNCIL CULTURAL FUND GRANT 3,000.00 66040 NORTHWESTERN UNIVERSITY ACCOUNTING ARTS COUNCIL CULTURAL FUND GRANT 3,000.00 66040 MUDLARK THEATER COMPANY ARTS COUNCIL CULTURAL FUND GRANT 3,000.00 1580 COMMUNITY ARTS Total 25,500.00 1705 LEGAL ADMINISTRATION 52040 IL STATE POLICE LIQUOR LICENSING BACKGROUND CHECK FEES 135.00 52040 IL STATE POLICE LIQUOR LICENSING BACKGROUND CHECK FEES 270.00 62315 FEDERAL EXPRESS CORP.SHIPPING 73.08 62345 MARIO TRETO JR *REIMBURSEMENT: ELECTION OBJECTION 204.20 62509 SUSAN D BRUNNER HEARING OFFICER 2,100.00 62509 JEFFREY D. GREENSPAN HEARING OFFICER 1,020.00 62509 MITCHELL C. EX HEARING OFFICER 1,665.00 65010 WEST GROUP PAYMENT CTR WESTLAW SUBSCRIPTION 900.60 65095 OFFICE DEPOT OFFICE SUPPLIES 64.66 1705 LEGAL ADMINISTRATION Total 6,432.54 1929 HUMAN RESOURCE DIVISION 62160 TRANS UNION CORP TRANSUNION-BACKGROUND CHECKS 167.95 62160 STANARD & ASSOCIATES EMPLOYMENT TESTING-STANDARD & ASSOC 1,185.00 62160 STANARD & ASSOCIATES STANDARD & ASSOC. EMPLOYMENT TESTING 1,045.00 62160 LANGUAGE TESTING INTERNATIONAL, INC.LANGUAGE TESTING INTERNATIONAL, INC. EMPLOYMENT TESTING 300.00 62160 CLS BACKGROUND INVESTIGATIONS CLS BACKGROUND INVESTIGATIONS-BACKGROUND CHECKS EMPLOYMENT 99.95 62160 THEODORE POLYGRAPH SERVICE, INC.RECRUITMENT-FIRE-THEODORE POLYGRAPH SERVICES 175.00 62160 THEODORE POLYGRAPH SERVICE, INC.THEODORE POLYGRAPH SERVICES-TESTING FOR EMPLOYMENT 350.00 62270 QUEST DIAGNOSTICS CLINICAL LABORATORIES EMPLOYEE TESTING SERVICES-QUEST DIAGNOSTICS 858.00 62270 QUEST DIAGNOSTICS CLINICAL LABORATORIES EMPLOYMENT TESTING-QUEST DIAGNOSTICS 506.00 62509 ESPYR EAP CONSULTING-EMPLOYEE SERVICES 658.80 62512 GOVHR USA RECRUITMENT-HRGOV 4,667.00 1929 HUMAN RESOURCE DIVISION Total 10,012.70 1932 INFORMATION TECHNOLOGY DIVI. 62175 IRON MOUNTAIN OSDP OFF SITE DATA STORAGE 796.67 62250 DELL COMPUTER CORP.DELL POWEREDGE ANNUAL RENEWAL & 1 DELL EQUALLOGIC STORAGE 12,650.40 62250 DELL COMPUTER CORP.DELL PRO SUPPORT RENEWAL 1,247.00 62380 XEROX CORP.COPIER CHARGES 290.59 62380 CHICAGO OFFICE TECHNOLOGY GROUP COPIER CHARGES 790.44 64505 COMCAST CABLE CABLE SERVICES 3,979.28 64505 AT & T COMMUNICATION CHARGES 628.41 64505 CALL ONE COMMUNICATION CHARGES 10,659.25 65615 DELL COMPUTER CORP.15 DELL HARD DRIVES FOR FILE SERVERS 5,348.85 65615 DELL COMPUTER CORP.DELL POWEREDGE R540 SERVERS 5,420.47 1932 INFORMATION TECHNOLOGY DIVI. Total 41,811.36 172 of 793 CITY OF EVANSTON BILLS LIST PERIOD ENDING 09.11.2018 1941 PARKING ENFORCEMENT & TICKETS 64540 VERIZON NETWORKFLEET, INC.AVL TRACKERS 132.65 65045 PRF GRAPHICS PARKING-IMMOBILIZATION FORMS 1,281.33 65070 FEDERAL SIGNAL CORP.PARKING-LPR 150.00 1941 PARKING ENFORCEMENT & TICKETS Total 1,563.98 1950 FACILITIES 62225 COMCAST CABLE CABLE SERVICES-JULY 2018 172.70 62225 OTIS ELEVATOR COMPANY CIVIC CENTER ELEVATOR REPAIRS 465.00 62225 JOHNSON CONTROLS FIRE PROTECTION LP CIVIC CENTER SMOKE DETECTOR SERVICE CALL 839.00 62509 JOHNSON CONTROLS SECURITY SOLUTIONS ALARM SERVICE REFUND -3.52 62509 JOHNSON CONTROLS SECURITY SOLUTIONS ALARM SERVICES REFUND -5.45 62509 VERIZON NETWORKFLEET, INC.AVL TRACKERS 379.00 62509 H-O-H WATER TECHNOLOGY 2018 CHEMICAL WATER TREATMENT FOR HVAC EQUIPMENT 1,104.00 62509 ECO-CLEAN MAINTENANCE 2018 JANITORIAL CLEANING SERVICES 6,133.00 62518 JOHNSON CONTROLS SECURITY SOLUTIONS ALARM SERVICES FOR RECYCLING CENTER SEP-NOV 2018 212.00 64005 COMED UTILITIES COMED 272.65 64015 NICOR UTILITIES NICOR 162.74 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 2,178.47 65050 GRAINGER, INC., W.W.HVAC EQUIPMENT 1,195.86 65050 MARK VEND COMPANY COFFEE AND SUPPLIES 219.99 1950 FACILITIES Total 13,325.44 2101 COMMUNITY DEVELOPMENT ADMIN 65095 OFFICE DEPOT OFFICE SUPPLIES 66.43 2101 COMMUNITY DEVELOPMENT ADMIN Total 66.43 2126 BUILDING INSPECTION SERVICES 62236 VERIZON NETWORKFLEET, INC.AVL TRACKERS 151.60 62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 200.00 62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTIONS 300.00 62464 SAFEBUILT ILLINOIS INSPECTION AND PLAN REVIEW CONSULTING SERVICES 8,258.42 2126 BUILDING INSPECTION SERVICES Total 8,910.02 2128 EMERGENCY SOLUTIONS GRANT 67110 CONNECTIONS FOR THE HOMELESS DISBURSEMENT OF 2017 ESG GRANT 3,651.03 2128 EMERGENCY SOLUTIONS GRANT Total 3,651.03 2205 POLICE ADMINISTRATION 62210 MSF GRAPHICS, INC.PRINTING SERVICES - SIGN 46.10 62210 MSF GRAPHICS, INC.PRINTING SERVICES - ZONE MAP 72.00 62210 THE PRINTED WORD, INC.BUSINESS CARDS 90.00 62272 NORTHERN ILLINOIS POLICE ALARM SYSTEM LANGUAGE LINE 31.20 62272 WEST GROUP PAYMENT CTR INFORMATION CHARGES 511.98 62272 WILD CROW COMMUNICATION, INC PROFESSIONAL SERVICES - AUGUST 2018 340.00 62360 ILLINOIS LAW ENFORCEMENT ALARM SYSTEM ANNUAL MEMBERSHIP 480.00 62490 NATIONAL AWARDS & FINE GIFTS PLAQUE/NAMEPLATES 91.00 62490 PRESTONS FLOWERS & GIFTS FUNERAL FLOWERS 240.00 62490 SAM'S CLUB DIRECT *SUPPLIES: RETIREMENT CAKE 39.98 62490 ARTISTIC ENGRAVING RETIREE SHADOW BOXES 497.18 64005 COMED ELECTRIC BILL - CAMERAS 219.80 65095 ILLINOIS PAPER DBA IMPACT NETWORKING LLC PAPER SUPPLIES 1,404.00 2205 POLICE ADMINISTRATION Total 4,063.24 2210 PATROL OPERATIONS 62490 EVANSTON FUNERAL & CREMATION BODY REMOVAL 1,475.00 65020 J. G. UNIFORMS, INC UNIFORM - VEST 1,800.00 65020 VCG UNIFORM UNIFORM - NEW RECRUITS 1,393.62 65020 VCG UNIFORM UNIFORM - NEW WARDEN 1,498.35 65020 KIESLER POLICE SUPPLY, INC.UNIFORM - VEST (NET)1,434.36 65020 ARTISTIC ENGRAVING BADGES/STARS 460.01 2210 PATROL OPERATIONS Total 8,061.34 2250 SERVICE DESK 65025 SAM'S CLUB DIRECT *SUPPLIES: PRISON FOOD 342.86 2250 SERVICE DESK Total 342.86 2251 311 CENTER 64505 ACCELA, INC.ANNUAL MEMBERSHIP - 311 MOBILE APP 10,237.68 64505 AT & T *COMMUNICATION CHARGES AUGUST 2018 402.36 2251 311 CENTER Total 10,640.04 2260 OFFICE OF ADMINISTRATION 62295 COLLEGE OF DUPAGE TRAINING - PUBLIC INFORMATION OFFICER 195.00 62295 EVANSTON ATHLETIC CLUB HEALTH CLUB USAGE - JULY 2018 285.20 62295 CITY OF EVANSTON PETTY CASH PETTY CASH - ADMINISTRATION 309.06 62295 NORTH EAST MULTI-REGIONAL TRAINING INC TRAINING - JOHN REID INTERVIEWS 400.00 62295 NORTHWEST POLICE ACADEMY TRAINING - LAW ENFORCEMENT PRACTICES 100.00 62295 CONLEY, JUSTIN MEAL ALLOWANCE - POLICE URBAN RIFLE 45.00 62295 HOLLIMAN, BENJAMIN MEAL ALLOWANCE - 40 HR GANG ENFORCEMENT SKILLS 75.00 62295 NUBERN, SHAKIRA MEAL ALLOWANCE - 40 HR FIELD TRAINING OFFICER 75.00 62295 NORTHWESTERN UNIVERSITY CENTER FOR PUBLIC SAFTEY TRAINING - CDR TECHNICIAN 300.00 62295 NORTHWESTERN UNIVERSITY CENTER FOR PUBLIC SAFTEY TRAINING - SUPERVISION OF POLICE PERSONNEL 1,000.00 62295 HEIDI BERNHARDT MEAL ALLOWANCE - SCENE SKETCHING TRAINING 45.00 62295 POGORZELSKI, PAULINE MEAL ALLOWANCE - 40 HR GANG ENFORCEMENT SKILLS 75.00 62295 FORCE SCIENCE INSTITUTE, LTD TRAINING 149.00 62295 CHARLOTTE HART MEAL ALLOWANCE - 40 HR JUVENILE SPECIALIST 75.00 62295 ROBERT ROBBINS MEAL ALLOWANCE - 40 HR JUVENILE SPECIALIST 75.00 62295 PEDRO CARRASCO MEAL ALLOWANCE - JOHN REID INTERVIEWS 45.00 62295 BLUE LINE LEARNING GROUP, INC.ONLINE TRAINING CERTIFICATION - BLOODBORNE PATHOGENS 2,988.00 62295 MATTHEW KERLEY MEAL ALLOWANCE - 40 HR FIELD TRAINING OFFICER 75.00 62295 RYAN CARRIGAN MEAL ALLOWANCE - POLICE URBAN RIFLE 45.00 64565 COMCAST CABLE CABLE SERVICES 24.17 65095 OFFICE DEPOT OFFICE SUPPLIES - POLICE ADMIN 839.65 2260 OFFICE OF ADMINISTRATION Total 7,220.08 2270 TRAFFIC BUREAU 62451 NORTH SHORE TOWING TOWING - CLEANUP 10.00 65120 CITY OF EVANSTON PETTY CASH PETTY CASH - ADMINISTRATION 20.88 65125 MUNICIPAL ELECTRONICS INC RADAR REPAIR / CERTIFICATION 670.00 65125 AARON PERRY JR TOW REFUND 225.00 2270 TRAFFIC BUREAU Total 925.88 2280 ANIMAL CONTROL 62225 ANDERSON PEST CONTROL PEST CONTROL - ANIMAL SHELTER 58.14 62225 COMED ELECTRIC BILL - ANIMAL SHELTER 691.56 2280 ANIMAL CONTROL Total 749.70 273 of 793 CITY OF EVANSTON BILLS LIST PERIOD ENDING 09.11.2018 2291 PROPERTY BUREAU 65125 DOJE'S FORENSIC SUPPLIES FORENSICS SUPPLIES 1,005.80 2291 PROPERTY BUREAU Total 1,005.80 2295 BUILDING MANAGEMENT 62225 COLLEY ELEVATOR CO.ELEVATOR INSPECTION 391.00 62225 ECO-CLEAN MAINTENANCE 2018 JANITORIAL CLEANING SERVICES 2,925.00 65125 ULINE BUILDING SUPPLIES 226.22 65125 DUSTCATCHERS, INC.FLOOR MATS 93.50 2295 BUILDING MANAGEMENT Total 3,635.72 2305 FIRE MGT & SUPPORT 62270 HEALTH ENDEAVORS, S.C.ANNUAL MEDICAL EVALUATIONS 19,509.00 62335 CHICAGO COMMUNICATIONS, LLC.PROGRAMMING 210.00 62360 NORTHEASTERN ILLINOIS PUBLIC SAFETY NIPSTA MEMBERSHIP 21,512.00 62360 ILLINOIS DEPARTMENT OF PUBLIC HEALTH *AMBULANCE LICENSE-RENEWAL FEE 100.00 64015 NICOR UTILITIES NICOR 236.69 65020 TODAY'S UNIFORMS INC.UNIFORMS 1,537.65 65050 HASTINGS AIR-ENERGY CONTROL EXHAUST REPAIR 478.95 65125 COMCAST CABLE CABLE SERVICES 51.58 65125 ARTISTIC ENGRAVING BADGES 157.16 2305 FIRE MGT & SUPPORT Total 43,793.03 2310 FIRE PREVENTION 53715 CENTRAL LAW GROUP REFUND: DUPLICATE ALARM FEE PAYMENT 30.00 62250 PHYSIO-CONTROL, INC.EMS REPORT FEE 81.10 62360 FIRE INVESTIGATORS STRIKE FORCE YEARLY MEMBERSHIP 75.00 65105 PROMOS 911, INC.PUB ED MATERIALS 840.79 2310 FIRE PREVENTION Total 1,026.89 2315 FIRE SUPPRESSION 53675 ANDRES MEDICAL BILLING AMBULANCE SERVICES - JULY 2018 12,946.85 62295 ST. FRANCIS HOSPITAL-EMS SYSTEM ENTRY 160.00 62295 UNIVERSITY OF ILLINOIS -GAR 162 EXPLORER PROGRAM TRAINING 3,750.00 62430 ECO-CLEAN MAINTENANCE 2018 JANITORIAL CLEANING SERVICES 570.00 62509 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 637.63 65040 SAM'S CLUB DIRECT *SUPPLIES: JANITORIAL 258.27 65075 MOORE MEDICAL EMS SUPPLIES 158.48 65075 SAM'S CLUB DIRECT *SUPPLIES: JANITORIAL 39.92 65075 BOUND TREE MEDICAL, LLC EMS SUPPLIES 34.25 65095 GOBAT, TIMOTHY J REIMBURSEMENT: CITIZEN FIRE ACADEMY 179.68 2315 FIRE SUPPRESSION Total 18,735.08 2435 FOOD AND ENVIRONMENTAL HEALTH 62295 ILLINOIS ASSOCIATION OF CODE ENFORCEMENT *REGISTRATION-3RD QTR INSPECTORS MEETING 185.00 62469 ABG SERVICES, INC.BOARD UP OF 1729 DODGE AVE 225.00 62469 ABG SERVICES, INC.BOARD UP OF 1811 DEMPSTER 225.00 62469 ROSE PEST SOLUTIONS 1729 DODGE AVE. EVANSTON-MONTH SERVICE 314.00 62476 PRO PAC, INC.MEDICAL RESERVE CORPS SUPPLIES 999.76 62494 ILLINOIS STATE POLICE FINGERPRINTING FOR HOME DAYCARE PROVIDERS 147.00 62605 ROSE PEST SOLUTIONS PEST CONTROL SERVICES JULY 2018 6,240.00 62605 ROSE PEST SOLUTIONS PEST CONTROL SERVICES JUNE 2018 6,240.00 62605 ROSE PEST SOLUTIONS PEST CONTROL SERVICES SEPTEMBER 2018 6,240.00 64540 VERIZON NETWORKFLEET, INC.AVL TRACKERS 151.60 65075 FINEST COURIER LOGISTICS COURIER TO IDPH 35.00 65095 OFFICE DEPOT OFFICE SUPPLIES 35.34 65127 A&B ENVIRONMENTAL CONSTRUCTION INC.ENVIRONMENTAL CLEANUP 1928 WESLEY 4,500.00 2435 FOOD AND ENVIRONMENTAL HEALTH Total 25,537.70 2440 VITAL RECORDS 62210 MSF GRAPHICS, INC.BIRTH CERTIFICATE FORMS 1,152.00 62490 IL DEPT OF PUBLIC HEALTH SURCHARGE FOR JULY 2018 576.00 2440 VITAL RECORDS Total 1,728.00 2455 COMMUNITY HEALTH 62371 ERIN FISHER *REIMBURSEMENT: WOW CELEBRATION 299.96 65095 OFFICE DEPOT OFFICE SUPPLIES 15.59 2455 COMMUNITY HEALTH Total 315.55 3010 REC. BUSINESS & FISCAL MGMT 65095 OFFICE DEPOT OFFICE SUPPLIES 255.62 3010 REC. BUSINESS & FISCAL MGMT Total 255.62 3020 REC GENERAL SUPPORT 62210 ACTION PRINTING FALL 2018 LIFE MAGAZINE PRINTING 4,909.76 62490 MINT CREEK FARM FARMER'S MARKET 14.00 62490 DULCE CARAMEL CO.FARMER'S MARKET 25.00 62490 FROSTY PRODUCTION FARMERS MARKET 55.00 62490 FROSTY PRODUCTION FARMER'S MARKET 151.00 62490 CPT CATERING CORP DBA TASTEBUDZ FARMER'S MARKET 10.00 62490 KATHERINE ANNE CONFECTIONS FARMER'S MARKET 8.00 62490 THE CHEESE PEOPLE FARMER'S MARKET 308.00 62490 KATIC BREADS WHOLESALE, LLC FARMERS MARKET 183.00 62490 KATIC BREADS WHOLESALE, LLC FARMER'S MARKET 320.00 62490 SAFE HARBOR INVESTMENT HOLDINGS DBA AQUATERRA FARM FARMERS MARKET 35.00 62490 SAFE HARBOR INVESTMENT HOLDINGS DBA AQUATERRA FARM FARMER'S MARKET 76.00 62490 PHOENIX BEAN LLC FARMER'S MARKET 147.00 62490 YAYA HOLDINGS LLC DBA CITY PRESS JUICE & BOTTLE FARMER'S MARKET 5.00 62490 THAT PICKLE GUY INC.FARMER'S MARKET 7.00 62490 THE EATING WELL FARMERS MARKET 34.00 62490 THE EATING WELL FARMER'S MARKET 30.00 62490 VERIZON NETWORKFLEET, INC.AVL TRACKERS 94.75 62490 GREEN FIRE FARM, LLC FARMERS MARKET 39.00 62490 WINDMILL GINGER BREW, LLC FARMERS MARKET 49.00 62490 EMMY & J GOURMET FARMER'S MARKET 16.00 62490 NOR D'EBENE FARMER'S MARKET 12.00 62490 JON FIRST FARMERS MARKET 193.00 62490 JON FIRST FARMER'S MARKET 816.00 62490 TERESA'S FRUIT AND HERBS FARMER'S MARKET 12.00 62490 LAKE BREEZE ORGANICS FARMERS MARKET 126.00 62490 LAKE BREEZE ORGANICS FARMER'S MARKET 326.00 62490 LYON'S FARM FARMERS MARKET 50.00 62490 LYON'S FARM FARMER'S MARKET 187.00 62490 HENRY'S FARM FARMER'S MARKET 709.00 62490 K & K FARM'S FARMERS MARKET 195.00 62490 K & K FARM'S FARMER'S MARKET 955.00 62490 KINNIKINNICK FARM FARMER'S MARKET 380.00 62490 ED GAST FARMERS MARKET 179.00 62490 ED GAST FARMER'S MARKET 412.00 374 of 793 CITY OF EVANSTON BILLS LIST PERIOD ENDING 09.11.2018 62490 ELKO'S PRODUCE AND GREENHOUSE FARMERS MARKET 57.00 62490 ELKO'S PRODUCE AND GREENHOUSE FARMER'S MARKET 120.00 62490 J.W. MORLOCK AND GIRLS FARMERS MARKET 103.00 62490 J.W. MORLOCK AND GIRLS FARMER'S MARKET 59.00 62490 GENEVA LAKES PRODUCE FARMER'S MARKET 238.00 62490 OLD TOWN OIL FARMERS MARKET 58.00 62490 OLD TOWN OIL FARMER'S MARKET 28.00 62490 M AND D FARMS FARMERS MARKET 87.00 62490 M AND D FARMS FARMER'S MARKET 383.00 62490 NOFFKE FAMILY FARM FARMERS MARKET 86.00 62490 NOFFKE FAMILY FARM FARMER'S MARKET 122.00 62490 NICHOLS FARM & ORCHARD FARMERS MARKET 108.00 62490 NICHOLS FARM & ORCHARD FARMER'S MARKET 667.00 62490 ZELDENRUST FARM FARMERS MARKET 216.00 62490 ZELDENRUST FARM FARMER'S MARKET 697.00 62490 SEEDLING FARMERS MARKET 81.00 62490 SEEDLING FARMER'S MARKET 157.00 62490 K.V. STOVER AND SON FARMERS MARKET 95.00 62490 K.V. STOVER AND SON FARMER'S MARKET 434.00 62490 ORGANIC PASTURES FARMER'S MARKET 50.00 62490 SMITS FARMS FARMERS MARKET 91.00 62490 SMITS FARMS FARMER'S MARKET 274.00 62490 GREAT HARVEST BREAD CO.FARMER'S MARKET 33.00 62490 GREEN ACRES FARMER'S MARKET 176.00 62490 DEFLOURED LLC FARMER'S MARKET 61.00 62490 MARILYN'S BAKERY FARMER'S MARKET 98.00 62490 SWEETY PIES BAKERY CAKERY CAFE, LLC FARMERS MARKET 71.00 62490 SWEETY PIES BAKERY CAKERY CAFE, LLC FARMER'S MARKET 159.00 62490 SHEEKAR DELIGHTS FARMER'S MARKET 12.00 62490 ROEDGER BROS. BLUEBERRIES FARMER'S MARKET 33.00 62490 RIVER VALLEY RANCH FARMERS MARKET 160.00 62490 RIVER VALLEY RANCH FARMER'S MARKET 315.00 62490 PASSION HOUSE COFFEE ROASTERS FARMER'S MARKET 20.00 62513 HOUSE OF RENTAL TENTS TABLES AND CHAIRS FOR COMMUNITY PICNIC 6,824.40 3020 REC GENERAL SUPPORT Total 23,241.91 3025 PARK UTILITIES 64005 COMED UTILITIES COMED 6,507.13 64005 DYNEGY UTILITIES-DYNEGY 1,865.31 64015 NICOR UTILITIES NICOR 349.80 65085 SERVICE SANITATION INC SUPPLIES 85.00 3025 PARK UTILITIES Total 8,807.24 3030 CROWN COMMUNITY CENTER 62505 3 POINT ATHLETICS ROBERT CROWN T-BALL AND BASKETBALL CAMP 10,644.00 62507 FIRST STUDENT *2018 SUMMER BUS TRANSPORTATION 1,775.00 62507 FIRST STUDENT SUMMER BUS TRANSPORTATION 2,100.00 64005 DYNEGY UTILITIES-DYNEGY 3,970.65 65025 EVANSTON TOWNSHIP HIGH SCHOOL PRESCHOOL LUNCHES 2,465.00 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLY 738.53 65040 UNIFIRST CORPORATION JANITORIAL SUPPLY 157.92 65070 FOX VALLEY FIRE & SAFETY FIRE SPRINKLER SERVICING 182.99 65070 JORSON & CARLSON ICE SCRAPER KNIVES CLEANED 35.01 65070 JORSON & CARLSON ICE SCRAPER KNIVES CLEANED 70.02 3030 CROWN COMMUNITY CENTER Total 22,139.12 3035 CHANDLER COMMUNITY CENTER 62245 JOHNSON CONTROLS SECURITY SOLUTIONS SERVICE CALL FIRE PANEL 144.54 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 68.64 62505 DIANA UNGER INSTRUCTION OF FENCING CLASSES AND CAMPS 3,796.80 62505 CHESS WIZARDS, INC.CHESS INSTRUCTION FOR SCHOOL BREAK AND SUMMER CAMPS 16,469.00 62505 ROBOTHINK, LLC INSTRUCTION OF ROBOTICS AND CODING CAMPS 15,750.00 62505 E-TOWN TENNIS TENNIS PROGRAM - CHANDLER 6,233.00 62505 3 POINT ATHLETICS JULY AUGUST BASKETBALL CAMP 2,907.00 62505 3 POINT ATHLETICS JUNE BASKETBALL CAMP 2,722.50 62505 PLAY-WELL TEKNOLOGIES FACILITATE STEM BASED LEGO CAMPS 8,000.00 62507 CLASSIC BOWL CHANDLER FIELD TRIP 1,024.00 62507 CLASSIC BOWL CHANDLER FIELD TRIPS 610.00 62507 NICKEL CITY SPORTS CAMP FIELD TRIP 228.00 62507 NICKEL CITY ULTIMATE ADVENTURE FIELD TRIP 533.00 62507 URBAN INDOOR SPORTS, LLC ULTIMATE ADVENTURE FIELD TRIP 280.00 62507 FIRST STUDENT *2018 SUMMER BUS TRANSPORTATION 1,500.00 62507 FIRST STUDENT SUMMER BUS TRANSPORTATION 1,450.00 62507 AMERICA'S ACTION TERRITORY ULTIMATE ADVENTURE FIELD TRIP 589.41 64005 DYNEGY UTILITIES-DYNEGY 1,399.77 65025 SAM'S CLUB DIRECT *SUPPLIES: ART CAMP 35.47 65025 SAM'S CLUB DIRECT *SUPPLIES: CAMP SUPPLIES 208.07 65040 SUPERIOR INDUSTRIAL SUPPLY CUSTODIAL SUPPLIES 413.43 65040 SUPERIOR INDUSTRIAL SUPPLY CUSTODIAL SUPPLIES 66.87 65095 OFFICE DEPOT OFFICE SUPPLIES 60.98 65110 EXPRESS PRESS 2018 SUMMER PROGRAM CLOTHING 1,199.50 3035 CHANDLER COMMUNITY CENTER Total 65,689.98 3040 FLEETWOOD JOURDAIN COM CT 62225 EVANSTON GLASS & MIRROR REPLACE GLASS IN DOOR 180.00 62225 STA-KLEEN INC.FILTER FUEL SERVICE, BAFFLE WITH CLIPPS 41.00 62225 STA-KLEEN INC.SCRAPE BLADES. CLEAN DUCT, HOOD, MOTOR 380.00 62225 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLY 752.33 62225 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLY 276.78 62225 CINTAS CORPORATION #769 MONTHLY CLEANING OF DOOR MATS 205.60 62495 ANDERSON PEST CONTROL MONTHLY SERVICE FOR PEST CONTROL 42.23 62495 ANDERSON PEST CONTROL MONTHLY SERVICE FOR PEST CONTROL 76.56 62507 FIRST STUDENT *2018 SUMMER BUS TRANSPORTATION 4,037.50 62507 FIRST STUDENT SUMMER BUS TRANSPORTATION 1,387.50 62511 COMCAST CABLE CABLE SERVICES-AUGUST 2018 201.28 62511 JESUS SAVES SECURITY & INVESTIGATIONS AGENCY, LLC SECURITY SERVICE 315.00 62525 PAYNE, CHUBBY LANDSCAPE ARCHITECT 333.34 64005 DYNEGY UTILITIES-DYNEGY 11,953.23 3040 FLEETWOOD JOURDAIN COM CT Total 20,182.35 3045 FLEETWOOD/JOURDAIN THEATR 62505 EVANSTON PHOTOGRAPHIC STUDIOS VIDEOGRAPHER 600.00 62505 CLUNIE, BASIL PHOTOGRAPHER 400.00 62505 COREY BLESS PRODUCTION, LLC DJ SERVICES 400.00 62505 ANDREA FITCH STAGE MANAGER 760.00 62505 SHEA MESSINGER SCENIC PAINTER 300.00 62505 KARA ROSEBOROUGH HOUSE MANAGER 500.00 62511 ANITA T. BAKER MUSICAL DIRECTOR 1,000.00 62515 SOUND PRODUCTION & LIGHTING, LLC SOUND EQUIPMENT RENTAL 2,350.00 62515 SOUND PRODUCTION & LIGHTING, LLC SOUND WITH MICS -CROWNS 675.00 3045 FLEETWOOD/JOURDAIN THEATR Total 6,985.00 475 of 793 CITY OF EVANSTON BILLS LIST PERIOD ENDING 09.11.2018 3050 RECREATION OUTREACH PROGRAM 65025 EVANSTON TOWNSHIP HIGH SCHOOL SUMMER LUNCHES 101,474.75 65110 HOME CITY ICE COMPANY ICE FOR SUMMER FOOD & SPECIAL EVENTS 859.07 3050 RECREATION OUTREACH PROGRAM Total 102,333.82 3055 LEVY CENTER SENIOR SERVICES 61062 JESUS SAVES SECURITY & INVESTIGATIONS AGENCY, LLC PRIVATE RENTAL 240.00 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 55.06 62505 CONNELLY'S ACADEMY TAE KWON DO CLASSES- LEVY CENTER 4,588.20 62507 IDEAL CHARTER BUS FOR TOUR 521.50 62507 IDEAL CHARTER DEPOSIT FOR TRIP 200.00 62509 CINTAS CORPORATION #769 MONTHLY MAT SERVICE 36.95 62511 COMCAST CABLE MONTHLY CABLE SERVICE 165.93 62695 CJE SENIOR LIFE TRANSPORTATION 100.00 62695 303 TAXI JULY TAXI REIMBURSEMENT 13,922.00 62695 AMERICAN CHARGE SERVICE TAXI COUPON REIMBURSEMENT 360.00 64005 DYNEGY UTILITIES-DYNEGY 7,074.58 65025 SAM'S CLUB DIRECT *SUPPLIES: LUNCH PROGRAMS 89.80 65025 SMIGO MANAGEMENT GROUP DBA HOFFMAN HOUSE CATERING CONGREGATE MEAL LEVY 2,576.05 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES - LEVY 576.47 65095 OFFICE DEPOT OFFICE SUPPLIES 115.55 3055 LEVY CENTER SENIOR SERVICES Total 30,622.09 3080 BEACHES 62490 VERIZON NETWORKFLEET, INC.AVL TRACKERS 37.90 64005 DYNEGY UTILITIES-DYNEGY 149.78 64015 NICOR UTILITIES NICOR 61.95 65040 SUPERIOR INDUSTRIAL SUPPLY SUPPLIES 1,681.68 65090 HENRICHSEN FIRE & SAFETY FIRE EXTINGUISHER CERTIFICATION 55.00 65095 OFFICE DEPOT OFFICE SUPPLIES 221.87 65125 SERVICE SANITATION INC SUPPLIES 97.50 3080 BEACHES Total 2,305.68 3095 CROWN ICE RINK 62245 TOTAL MECHANICAL SOLUTIONS, LLC AC OPERATION COOLING MAINTENANCE 1,838.08 62245 TOTAL MECHANICAL SOLUTIONS, LLC COMPRESSOR #1 LOW ON REFRIGERANT 430.00 62245 TOTAL MECHANICAL SOLUTIONS, LLC R22 REFRIGERANT MAINTENANCE 4,859.86 62245 DUAL TEMP OF ILLINOIS, INC TEAR DOWN #3 COMPRESSOR AND INSPECT 1,229.00 62251 TOTAL MECHANICAL SOLUTIONS, LLC COMPRESSOR #3 MAINTENANCE 4,500.00 62490 LAUNDRY WORLD PRE SCHOOL LAUNDRY 128.00 62490 VERIZON NETWORKFLEET, INC.AVL TRACKERS 18.95 62495 ANDERSON PEST CONTROL PEST CONTROL 81.37 62505 SOPHIA LAWRENCE ICE MONITOR 805.00 62505 DELAYON MORRIS HAT TRICK HOCKEY COACH 1,875.00 62505 JIMMY KAHN HAT TRICK HOCKEY CAMP COACH 1,875.00 62505 JUSTIN BRACHAT POLE HARNESS CLINIC 200.00 62507 FIRST STUDENT *2018 SUMMER BUS TRANSPORTATION 5,000.00 62507 FIRST STUDENT SUMMER BUS TRANSPORTATION 2,100.00 64005 DYNEGY UTILITIES-DYNEGY 11,911.94 65025 ETHS CAMPUS CATERING SUMMER CAMP SNACKS 3,160.00 65070 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLY 687.99 65070 R & R SPECIALTIES OF WISCONSIN, INC.CONVERTER MACHINE MAINTENANCE 316.44 65070 R & R SPECIALTIES OF WISCONSIN, INC.CONVERTER MAINTENANCE 167.51 65070 NEIL ESTRICK GALLERY, LLC KILN REPAIR SERVICES 156.00 65070 YOUR HOME PROJECTS FLOORING PROJECT 2,750.00 65095 ILLINOIS PAPER DBA IMPACT NETWORKING LLC PAPER SUPPLY 173.00 65095 OFFICE DEPOT OFFICE SUPPLIES 60.94 3095 CROWN ICE RINK Total 44,324.08 3100 SPORTS LEAGUES 62508 KLEPADLO, EDWARD UMPIRE 694.00 62508 ZIMMERMAN, JAY UMPIRE 288.00 62508 FRANK T. LENTINE UMPIRE 36.00 62508 KIRK VIDAS UMPIRE 82.00 62508 MORRIS SCHWARTZ UMPIRE 1,996.00 62508 GIBSON, TIMOTHY UMPIRE 432.00 65110 ALLEGRA PRINT & IMAGING MAP 275.00 65110 ALLEGRA PRINT & IMAGING PRINTING 275.00 65110 CONSERV FS BRICKS 515.00 65110 VAN'S ENTERPRISES LTD LIGHT POLE PADS 823.00 3100 SPORTS LEAGUES Total 5,416.00 3105 AQUATIC CAMP 65110 WILLIAM FOX BOAT REPAIRS 265.00 3105 AQUATIC CAMP Total 265.00 3130 SPECIAL RECREATION 62490 WONDERSTEPS YOGA YOGA CLASS 100.00 62507 ALLTOWN BUS SERVICE INC.BUS TRIPS 3,610.50 65020 EXPRESS PRESS 2018 SUMMER PROGRAM CLOTHING 896.69 65025 SAM'S CLUB DIRECT *SUPPLIES: ART CAMP 157.80 65025 SAM'S CLUB DIRECT *SUPPLIES: CAMP SUPPLIES 171.12 65110 SAM'S CLUB DIRECT *SUPPLIES: RECREATION SUMMER CAMP 190.69 3130 SPECIAL RECREATION Total 5,126.80 3215 YOUTH ENGAGEMENT DIVISION 62490 MCGAW YMCA MSYEP EMPLOYER REIMBURSEMENT 6,188.11 62490 C & W MARKET AND ICE CREAM PARLOR MSYEP EMPLOYER REIMBURSEMENT 2,774.37 62490 VERIZON NETWORKFLEET, INC.AVL TRACKERS 56.85 62490 THE ACTORS GYMNASIUM MSYEP EMPLOYER REIMBURSEMENT 8,000.00 62490 THE ADDIE WYATT CENTER FOR NONVIOLENCE BALANCE ON TRAINING 1,000.00 65020 EXPRESS PRESS 2018 SUMMER PROGRAM CLOTHING 880.68 65025 SAM'S CLUB DIRECT *SUPPLIES: MSYEP WORKSHOP 120.10 3215 YOUTH ENGAGEMENT DIVISION Total 19,020.11 3225 GIBBS-MORRISON CULTURAL CENTER 62225 CINTAS CORPORATION #769 MONTHLY MAT SERVICE 97.42 62490 RUSSELL WINE STUDIO ENGINEER 335.00 62490 AARON EDDY STUDIO ENGINEER 70.00 62495 ANDERSON PEST CONTROL PEST CONTROL SERVICE 62.97 62518 JOHNSON CONTROLS SECURITY SOLUTIONS ALARM SERVICE 137.08 64005 COMED UTILITIES COMED 849.01 65050 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 188.00 3225 GIBBS-MORRISON CULTURAL CENTER Total 1,739.48 576 of 793 CITY OF EVANSTON BILLS LIST PERIOD ENDING 09.11.2018 3605 ECOLOGY CENTER 62295 MATT POOLE TRAVEL EXPENSES 333.76 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 76.47 62505 CIGAN, LILY YOGA PROGRAM INSTRUCTOR 460.80 64005 DYNEGY UTILITIES-DYNEGY 532.20 64015 NICOR UTILITIES NICOR 34.76 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 159.06 3605 ECOLOGY CENTER Total 1,597.05 3610 ECO-QUEST DAY CAMP 62507 FIRST STUDENT *2018 SUMMER BUS TRANSPORTATION 1,862.50 62507 FIRST STUDENT SUMMER BUS TRANSPORTATION 1,100.00 65020 EXPRESS PRESS 2018 SUMMER PROGRAM CLOTHING 2,021.00 65020 EXPRESS PRESS CAMP T-SHIRTS 1,708.84 3610 ECO-QUEST DAY CAMP Total 6,692.34 3710 NOYES CULTURAL ARTS CENTER 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 46.07 64005 DYNEGY UTILITIES-DYNEGY 2,394.84 3710 NOYES CULTURAL ARTS CENTER Total 2,440.91 3720 CULTURAL ARTS PROGRAMS 62205 CHICAGO TRIBUNE WAMF ADVERTISING 1,300.00 62210 ALLEGRA PRINT & IMAGING BANNER FOR WAMF 97.50 62210 ALLEGRA PRINT & IMAGING FEATHER FLAG AND TABLECLOTH STARLIGHT 327.00 62490 CPT CATERING CORP DBA TASTEBUDZ FOOD VOUCHERS 96.00 62490 PATISSERIE CORALIE FOOD VOUCHERS 24.00 62490 COCINA AZTECA FOOD VOUCHER REIMBURSEMENT 152.00 62507 FIRST STUDENT *2018 SUMMER BUS TRANSPORTATION 1,875.00 62509 LADEN, BLAIR FACE PAINTING WAMF 200.00 62511 JUSTIN HOWARD YAP WORKSHOP 150.00 62511 WILLIAM DEZOMA CAMP GUEST 400.00 62515 SWANK MOVIE LICENSING USA MOVIE RIGHTS FOR SUMMER 2018 MOVIES IN THE PARK 2,135.00 62515 B&B PRODUCTIONS, INC SOUND STREETS ALIVE CONCERT 350.00 62515 SERVICE SANITATION INC PORTABLE TOILETS FOR SPECIAL EVENTS 645.00 65110 SAM'S CLUB DIRECT *SUPPLIES: ART CAMP 80.72 65110 SAM'S CLUB DIRECT *SUPPLIES: FESTIVAL CRAFT TENT 162.36 65110 SAM'S CLUB DIRECT *SUPPLIES: FREEZER FOR FESTIVAL 179.98 3720 CULTURAL ARTS PROGRAMS Total 8,174.56 4105 PUBLIC WORKS AGENCY ADMIN 52126 CASSANDRA CALLMANN REIMBURSEMENT FOR MOVING VEHICLE PERMIT 18MVSC289 50.00 64540 VERIZON NETWORKFLEET, INC.AVL TRACKERS 1,648.65 65090 CINTAS FIRST AID & SUPPLY FIRST AID CABINET MAINTENANCE - FORESTRY 73.01 65090 CINTAS FIRST AID & SUPPLY FIRST AID CABINET MAINTENANCE - PUBLIC SERVICE BUREAU 72.74 4105 PUBLIC WORKS AGENCY ADMIN Total 1,844.40 4300 ENVIRONMENTAL SERVICES 62340 DAVEY RESOURCE GROUP 1 YEAR SUBSCRIPTION TO TREE KEEPER SOFTWARE 2,100.00 62375 METROPOLITAN WATER RECLAMATION DISTRICT ASHLAND/NOYES PARKING LOT LEASE 10.00 62375 METROPOLITAN WATER RECLAMATION DISTRICT HARBART PARK LEASE 1,500.00 62375 LAKESHORE RECYCLING SYSTEMS POROUS PAVEMENT TEST SWEEPING IN CITY LOTS 625.00 4300 ENVIRONMENTAL SERVICES Total 4,235.00 4320 FORESTRY 62185 WENDY POLLOCK CONSULTING - EVANSTON COMMUNITY HABITAT RESTORATION 1,875.00 62385 NELS J. JOHNSON TREE EXPERTS, INC.REMOVAL OF ELM 2547 HASTINGS 295.00 62385 SUNRISE TREE SERVICE INC REMOVAL OF DISEASED ELM TREE AT 2720 LINCOLN 3,450.00 65005 WEST CENTRAL MUNICIPAL CONFERENCE MEMBERSHIP DUES 5-18 THROUGH 4-19 575.00 4320 FORESTRY Total 6,195.00 4330 GREENWAYS 62195 NATURE'S PERSPECTIVE LANDSCAPING LANDSCAPING SERVICE FOR CORNER PLANTINGS/CUL-DE-SACS EVAN PLAZA 2,008.50 62195 SKOKIE PARK DISTRICT 1/2 MAINTENANCE/OPS COST - SOCCER/DOG PARK 3,531.13 62195 LANDSCAPE CONCEPTS MANAGEMENT, INC.2018 GREENBAY ROAD LANDSCAPE MAINTENANCE 6,242.00 62195 THE MULCH CENTER PLAYGROUND MULCH 1,505.00 62199 NATIONAL AWARDS & FINE GIFTS MEMORIAL BENCH PLAQUES 96.00 62199 HALLORAN & YAUCH, INC.PARK MAINTENANCE - JAMES PARK 171.00 62199 HALLORAN & YAUCH, INC.PARK MAINTENANCE - LEVY CENTER 185.04 62199 SITEONE LANDSCAPE SUPPLY LANDSCAPING SERVICE 13.05 62199 SITEONE LANDSCAPE SUPPLY LANDSCAPING SUPPLIES 265.43 65005 CONSERV FS AGRICULTURAL SUPPLIES 331.00 65550 REINDERS, INC.SINGLE SOURCE RIDING LAWN MOWER PURCHASE 21,997.70 4330 GREENWAYS Total 36,345.85 4400 CAPITAL PLANNING & ENGINEERING 62295 SAM'S CLUB DIRECT *SUPPLIES: PWA PICNIC 166.24 62295 PRANITH KUMAR GOUD GOPI MILEAGE REIMBURSEMENT-ENGINEERING INTERNSHIP 229.50 62315 FEDERAL EXPRESS CORP.SHIPPING 29.70 65095 OFFICE DEPOT OFFICE SUPPLIES 59.45 4400 CAPITAL PLANNING & ENGINEERING Total 484.89 4510 STREET MAINTENANCE 65055 BUILDERS ASPHALT, LLC 2018 HOT MIX ASPHALT PURCHASE 6,529.92 4510 STREET MAINTENANCE Total 6,529.92 4520 TRAF. SIG.& ST LIGHT MAINT 64006 COMED UTILITIES COMED 873.60 64008 DYNEGY UTILITIES-DYNEGY 42.05 65070 MOBO TREX MOUNTING POLY LOCK NIPPLES 240.00 65070 MOBO TREX OPTICAL SIGNAL PROCESSOR 1,365.00 65070 TRAFFIC TECHNICAL SUPPORT TRAFFIC SIGNAL CONTROLLER REPAIR 436.00 65115 ARTS & LETTERS LTD.SIGN FABRICATION LETTERS 208.00 65115 MIDWEST FENCE COMPANY GUARDRAIL REPAIR MAIN & SHERIDAN 1,141.00 65115 VULCAN INC.TRAFFIC SIGN POST PURCHASE 4,516.00 4520 TRAF. SIG.& ST LIGHT MAINT Total 8,821.65 5300 ECON. DEVELOPMENT 62490 COSTAR GROUP, INC.REAL ESTATE LISTINGS 14,602.78 62662 WEAVER, WENDY ENTREPRENEURSHIP SUPPORT FUNDING - AIR CONDITIONER 351.00 62662 LOOPNET, INC.REAL ESTATE LISTINGS 500.00 65522 CENTRAL STREET BUSINESS ASSOCIATION GREAT MERCHANT GRANT ADVERTISING REIMBURSEMENT 3,109.35 65522 ANDREW SPATZ STOREFRONT PROGRAM REIMBURSEMENT 25,000.00 65522 HERRERA LANDSCAPE SNOW REMOVAL, INC PLANTERS FOR BUSINESS DISTRICTS 3,507.62 65522 SQUEEZEBOX BOOKS STOREFRONT PROGRAM REIMBURSEMENT 2,596.50 65522 BOOKED LLC STOREFRONT PROGRAM REIMBURSEMENT - BOOKED AT 506 MAIN ST 2,434.30 5300 ECON. DEVELOPMENT Total 52,101.55 100 GENERAL FUND Total 866,892.82 677 of 793 CITY OF EVANSTON BILLS LIST PERIOD ENDING 09.11.2018 175 GENERAL ASSISTANCE FUND 4605 GENERAL ASSISTANCE ADMIN 62490 OAKTON COMMUNITY COLLEGE GED REVIEW CLASS 40.00 65095 OFFICE DEPOT OFFICE SUPPLIES 82.33 4605 GENERAL ASSISTANCE ADMIN Total 122.33 175 GENERAL ASSISTANCE FUND Total 122.33 176 HEALTH AND HUMAN SERVICES 4651 HEALTH & HUMAN SERVICES 62491 PRESENCE BEHAVIORAL HEALTH CRISIS WORKER SEPTEMBER 2018 6,111.08 117010 62491 PRESENCE BEHAVIORAL HEALTH SOCIAL WORKER SEPTEMBER 2018 5,833.34 62750 TURNING PONT BEHAVIORAL HEALTH CARE CENTER 3RD QUARTER DISBURSEMENT OF MHB GRANT 2,500.00 62890 INFANT WELFARE SOCIETY 3RD QUARTER DISBURSEMENT OF MHB GRANT 15,600.00 62980 NORTH SHORE SENIOR CENTER 3RD QUARTER DISBURSEMENT OF MHB GRANT 9,700.00 62990 METROPOLITAN FAMILY SERVICES 3RD QUARTER DISBURSEMENT OF MHB GRANT 16,800.00 63067 CHILDCARE NETWORK 3RD QUARTER DISBURSEMENT OF MHB GRANT 20,415.75 63069 JAMES B. MORAN CENTER FOR YOUTH ADVOCACY 3RD QUARTER DISBURSEMENT OF MHB GRANT 9,840.00 63070 PEER SERVICES, INC.3RD QUARTER DISBURSEMENT OF MHB GRANT 22,050.00 63120 MEALS AT HOME 3RD QUARTER DISBURSEMENT OF MHB GRANT 2,500.00 67006 FRIENDSHIP BAPTIST CHURCH OF EVANSTON ETHNIC MARKET 1,611.00 67017 TRILOGY, INC.3RD QUARTER DISBURSEMENT OF MHB GRANT 7,200.00 67018 CENTER FOR INDEPENDENT FUTURES 3RD QUARTER DISBURSEMENT OF MHB GRANT 2,500.00 67030 FAMILY FOCUS 3RD QUARTER DISBURSEMENT OF MHB GRANT 8,400.00 67045 YOUTH & OPPORTUNITY UNITED 3RD QUARTER DISBURSEMENT OF MHB GRANT 17,562.50 67065 IMPACT BEHAVIORAL HEALTH PARTNERS 3RD QUARTER DISBURSEMENT OF MHB GRANT 14,400.00 67070 SHORE COMMUNITY SERVICES 3RD QUARTER DISBURSEMENT OF MHB GRANT 9,250.00 67090 LEARNING BRIDGE 3RD QUARTER DISBURSEMENT OF MHB GRANT 7,125.00 67110 CONNECTIONS FOR THE HOMELESS 3RD QUARTER DISBURSEMENT OF MHB GRANT 13,750.00 67146 NORTHWEST CENTER AGAINST SEXUAL ASSAULT 3RD QUARTER DISBURSEMENT OF MHB GRANT 4,500.00 4651 HEALTH & HUMAN SERVICES Total 197,648.67 176 HEALTH AND HUMAN SERVICES Total 197,648.67 195 NEIGHBORHOOD STABILIZATION FUND 5005 NSP-GENERAL ADMINISTRATION 62490 COOK COUNTY RECORDER OF DEEDS CD RECORDINGS 340.00 5005 NSP-GENERAL ADMINISTRATION Total 340.00 195 NEIGHBORHOOD STABILIZATION FUND Total 340.00 205 EMERGENCY TELEPHONE (E911) FUND 5150 EMERGENCY TELEPHONE SYSTM 62509 CHICAGO COMMUNICATIONS, LLC.MOBILE RADIO 660.00 62509 MOTOROLA SOLUTIONS, INC.ANNUAL MAINTENANCE AGREEMENT 21,185.11 62509 ESO SOLUTIONS, INC.SOFTWARE SUPPORT 8,760.00 64505 AT & T COMMUNICATION CHARGES 379.36 5150 EMERGENCY TELEPHONE SYSTM Total 30,984.47 205 EMERGENCY TELEPHONE (E911) FUND Total 30,984.47 215 CDBG FUND 5220 CDBG ADMINISTRATION 62285 FEDERAL EXPRESS CORP.SHIPPING 48.79 5220 CDBG ADMINISTRATION Total 48.79 215 CDBG FUND Total 48.79 220 CDBG LOAN FUND 5280 CD LOAN 65535 ECO GREENERGY CONSTRUCTION, LLC HOUSING REHAB - 1914 DODGE 1,800.00 65535 PRIORITY MANAGEMENT SERVICES, LLC HOUSING REHAB - 1941 HARTREY 17,060.00 5280 CD LOAN Total 18,860.00 220 CDBG LOAN FUND Total 18,860.00 250 AFFORDABLE HOUSING FUND 5465 AFFORDABLE HOUSING 62490 ANCEL,GLINK,DIAMOND,BUSH,DICIANNI & KRAFTHEFER, P. 1824 EMERSON ACQUISITION & REVITALIZATION 3,298.00 65497 METROPOLITAN TENANTS ORGANIZATION LANDLORD-TENANT SHORT-TERM AGREEMENT 12,000.00 65500 ALLIANCE TO END HOMELESSNESS IN SUBURBAN COOK COUN HMIS PAYMENT 10,250.00 5465 AFFORDABLE HOUSING Total 25,548.00 250 AFFORDABLE HOUSING FUND Total 25,548.00 320 DEBT SERVICE FUND 5604 2018D BONDS 62716 CHAPMAN & CUTLER BOND COUNSEL SERVICES - 2018 ABCD GO BOND ISSUE 3,719.62 62716 MOODY'S INVESTORS SERVICE RATING AGENCY FEE - 2018 ABCD GO BOND ISSUE 2,164.14 62716 IMAGE MASTER PRINTING OF OFFICIAL STATEMENT FOR 2018 ABCD GO BOND ISSUE 129.75 62716 ZIONS BANK ANNUAL PAYING AGENT FEE - 2018 ABCD GO BOND ISSUE 600.00 62716 INDEPENDENT PUBLIC ADVISORS, LLC FINANCIAL ADVISORY SERVICES - 2018 ABCD GO BOND ISSUE 1,352.59 62716 ICE MILLER LEGAL COUNSEL DISCLOSURE COUNSEL FEE - 2018 ABCD GO BOND ISSUE 980.63 62716 IPREO LLC ELEC. DISTRIBUTION OF OFFICIAL STATEMENT - 2018 ABCD GO BONDS 84.54 62716 PFM FINANCIAL ADVISORS LLC FINANCIAL ADVISORY SERVICES - 2018 ABCD GO BOND ISSUE 3,550.54 62716 FITCH RATINGS, INC.RATING FEE FOR 2018 ABCD GO BOND ISSUE 1,825.99 5604 2018D BONDS Total 14,407.80 320 DEBT SERVICE FUND Total 14,407.80 330 HOWARD-RIDGE TIF FUND 5860 HOWARD RIDGE TIF 62706 CONCIERGE MANAGEMENT SERVICE FIRST INSTALLMENT 2017 TAX REIMBURSEMENT 221,103.51 65509 JUST BUILDERS INC.*HIP CIRCLE EMPOWERMENT 3RD INSTALLMENT 15,000.00 65509 JUST BUILDERS INC.*HIP CIRCLE EMPOWERMENT 4TH INSTALLMENT-FINAL 16,433.60 5860 HOWARD RIDGE TIF Total 252,537.11 330 HOWARD-RIDGE TIF FUND Total 252,537.11 778 of 793 CITY OF EVANSTON BILLS LIST PERIOD ENDING 09.11.2018 335 WEST EVANSTON TIF FUND 5870 WEST EVANSTON TIF 62185 KANE, MCKENNA AND ASSOCIATES, INC.TIF TAX CODE ANALYSIS 2,337.50 5870 WEST EVANSTON TIF Total 2,337.50 335 WEST EVANSTON TIF FUND Total 2,337.50 415 CAPITAL IMPROVEMENTS FUND 4116 2016 BOND PROJECTS 616007 62145 CLARK DIETZ, INC.FLEETWOOD HVAC & ELEC 2,008.82 516002 62145 SMITHGROUPJJR, INC.CHURCH STREET HARBOR RENOVATIONS - PHASE 2 6,152.40 4116 2016 BOND PROJECTS Total 8,161.22 4117 2017 GO BOND ISSUANCE 516004 62145 CHRISTOPHER B. BURKE ENGINEERING, LTD.FOUNTAIN SQUARE RENOVATIONS 8.17 417015 62145 CHRISTOPHER B. BURKE ENGINEERING, LTD.STREETLIGHT MASTER PLAN 24,084.52 616020 62145 TESKA ASSOCIATES, INC.GIBBS MORRISON SITE IMPROVEMENTS 485.00 417002 65515 CHRISTOPHER B. BURKE ENGINEERING, LTD.HOWARD ST CORRIDOR IMPROVEMENT PROJECT ENGINEERING SRV 1,101.66 4117 2017 GO BOND ISSUANCE Total 25,679.35 4118 2018 GO BOND CAPITAL 418003 65515 CAPITOL CEMENT CO.18 ALLEY AND STREET IMPROVEMENTS 188,027.00 618014 65515 LAFORCE INC SOUTH BLVD BEACH RESTROOM DOOR REPLACEMENT 7,730.23 618025 65515 STANDARD PIPE AND SUPPLY INC WATER LINE UPGRADE FOR CIVIC CENTER 4TH FLOOR BATHROOM 8,507.46 418023 65515 PRECISION PAVEMENT MARKINGS, INC.2018 PAVEMENT MARKING PROGRAM 58,314.80 418018 65515 CORRECTIVE ASPHALT MATERIALS, LLC 2018 RECLAMITE PAVEMENT REJUVENATION PROGRAM 46,677.15 617023 65515 MONSON NICHOLAS, INC.SERVICE CENTER PARKING DECK RESTORATION 73,109.43 418001 65515 BOLDER CONTRACTORS 2018 WATER MAIN /STREET RESURFACING PROJECT 116,301.64 518007 65515 SOUTH WATER SIGNS PARK SIGNS 8,779.50 4118 2018 GO BOND CAPITAL Total 507,447.21 4217 2017 CIP OTHER FUNDING SOURCE 617016 62145 ROSS BARNEY ARCHITECTS HOWARD ST. THEATER DESIGN 5,379.25 516004 65515 COPENHAVER CONSTRUCTION FOUNTAIN SQUARE RENOVATIONS 276,746.99 4217 2017 CIP OTHER FUNDING SOURCE Total 282,126.24 4218 NON-BOND CAPITAL, 2018 516004 62145 CHRISTOPHER B. BURKE ENGINEERING, LTD.FOUNTAIN SQUARE RENOVATIONS 5,677.93 618010 65515 CENTRAL RUG & CARPET CO.NOYES CENTER - HALLWAY AND COMMON AREA IMPROVEMENTS 54,945.00 418002 65515 J.A. JOHNSON PAVING CO MFT STREET RESURFACING PROJECT 211,817.73 617016 65515 STRUCTURES CONSTRUCTION LLC HOWARD ST THEATRE CONSTRUCTION CONTRACT 387,819.92 4218 NON-BOND CAPITAL, 2018 Total 660,260.58 5602 2018B BONDS 62716 CHAPMAN & CUTLER BOND COUNSEL SERVICES - 2018 ABCD GO BOND ISSUE 10,615.86 62716 MOODY'S INVESTORS SERVICE RATING AGENCY FEE - 2018 ABCD GO BOND ISSUE 6,176.50 62716 IMAGE MASTER PRINTING OF OFFICIAL STATEMENT FOR 2018 ABCD GO BOND ISSUE 370.31 62716 ZIONS BANK ANNUAL PAYING AGENT FEE - 2018 ABCD GO BOND ISSUE 350.88 62716 INDEPENDENT PUBLIC ADVISORS, LLC FINANCIAL ADVISORY SERVICES - 2018 ABCD GO BOND ISSUE 3,860.31 62716 ICE MILLER LEGAL COUNSEL DISCLOSURE COUNSEL FEE - 2018 ABCD GO BOND ISSUE 2,798.72 62716 IPREO LLC ELEC. DISTRIBUTION OF OFFICIAL STATEMENT - 2018 ABCD GO BONDS 241.27 62716 PFM FINANCIAL ADVISORS LLC FINANCIAL ADVISORY SERVICES - 2018 ABCD GO BOND ISSUE 10,133.31 62716 FITCH RATINGS, INC.RATING FEE FOR 2018 ABCD GO BOND ISSUE 5,211.42 5602 2018B BONDS Total 39,758.58 5603 2018C BONDS 62716 CHAPMAN & CUTLER BOND COUNSEL SERVICES - 2018 ABCD GO BOND ISSUE 9,239.07 62716 MOODY'S INVESTORS SERVICE RATING AGENCY FEE - 2018 ABCD GO BOND ISSUE 5,375.46 62716 IMAGE MASTER PRINTING OF OFFICIAL STATEMENT FOR 2018 ABCD GO BOND ISSUE 322.29 62716 ZIONS BANK ANNUAL PAYING AGENT FEE - 2018 ABCD GO BOND ISSUE 1,100.00 62716 INDEPENDENT PUBLIC ADVISORS, LLC FINANCIAL ADVISORY SERVICES - 2018 ABCD GO BOND ISSUE 3,359.66 62716 ICE MILLER LEGAL COUNSEL DISCLOSURE COUNSEL FEE - 2018 ABCD GO BOND ISSUE 2,435.76 62716 IPREO LLC ELEC. DISTRIBUTION OF OFFICIAL STATEMENT - 2018 ABCD GO BONDS 209.98 62716 PFM FINANCIAL ADVISORS LLC FINANCIAL ADVISORY SERVICES - 2018 ABCD GO BOND ISSUE 8,819.12 62716 FITCH RATINGS, INC.RATING FEE FOR 2018 ABCD GO BOND ISSUE 4,535.55 5603 2018C BONDS Total 35,396.89 415 CAPITAL IMPROVEMENTS FUND Total 1,558,830.07 416 CROWN CONSTRUCTION FUND 4160 CROWN CONSTRUCTION PROJECT 616017 62145 WOODHOUSE TINUCCI ARCHITECTS ROBERT CROWN CONSTRUCTION 199,634.09 616017 65515 BULLEY & ANDREWS, LLC ROBERT CROWN CONSTRUCTION MANAGER SERVICES CONTRACT 41,510.00 616017 65515 BULLEY & ANDREWS, LLC ROBERT CROWN CONSTRUCTION MANAGER SERVICES 1,242,075.60 4160 CROWN CONSTRUCTION PROJECT Total 1,483,219.69 5601 2018A BONDS 62716 CHAPMAN & CUTLER BOND COUNSEL SERVICES - 2018 ABCD GO BOND ISSUE 23,888.19 62716 MOODY'S INVESTORS SERVICE RATING AGENCY FEE - 2018 ABCD GO BOND ISSUE 13,898.59 62716 IMAGE MASTER PRINTING OF OFFICIAL STATEMENT FOR 2018 ABCD GO BOND ISSUE 833.29 62716 ZIONS BANK ANNUAL PAYING AGENT FEE - 2018 ABCD GO BOND ISSUE 600.00 62716 INDEPENDENT PUBLIC ADVISORS, LLC FINANCIAL ADVISORY SERVICES - 2018 ABCD GO BOND ISSUE 8,686.62 62716 ICE MILLER LEGAL COUNSEL DISCLOSURE COUNSEL FEE - 2018 ABCD GO BOND ISSUE 6,297.80 62716 IPREO LLC ELEC. DISTRIBUTION OF OFFICIAL STATEMENT - 2018 ABCD GO BONDS 542.91 62716 PFM FINANCIAL ADVISORS LLC FINANCIAL ADVISORY SERVICES - 2018 ABCD GO BOND ISSUE 22,802.37 62716 FITCH RATINGS, INC.RATING FEE FOR 2018 ABCD GO BOND ISSUE 11,726.93 5601 2018A BONDS Total 89,276.70 416 CROWN CONSTRUCTION FUND Total 1,572,496.39 505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 62431 DUNBAR ARMORED ARMORED CAR SERVICES FOR CITY OF EVANSTON 10,532.40 62509 DUNCAN PARKING TECHNOLOGIES, INC.PARKING METER BATTERIES 12,045.64 62509 PASSPORT PARKING, INC`CITATIONS, TRANSACTIONS, ONLINE PAYMENTS, LETTERS 149,910.65 62603 MOTIVATE INTERNATIONAL, INC.PARKING SERVICES - DIVVY OPERATION - ONGOING FEES 6,875.26 64540 VERIZON NETWORKFLEET, INC.AVL TRACKERS 18.95 417024 65515 INTERRA, INC.MATERIAL TESTING SERVICES 6,802.50 7005 PARKING SYSTEM MGT Total 186,185.40 7015 PARKING LOTS & METERS 62245 PASSPORT PARKING, INC`MOBILE PAY 44,744.03 62245 PASSPORT PARKING, INC`SUPPLIES 5,250.00 879 of 793 CITY OF EVANSTON BILLS LIST PERIOD ENDING 09.11.2018 62245 TOTAL PARKING SOLUTIONS, INC.*PREVENTATIVE MAINTENANCE 33,000.00 62245 TOTAL PARKING SOLUTIONS, INC.MULTISPACE MACHINE PREVENTATIVE MAINTENANCE 480.00 62245 TOTAL PARKING SOLUTIONS, INC.MULTISPACE METER SUPPLIES 995.00 62375 706 MAIN STREET LLC PARKING LOT 15 706 MAIN STREET RENT 3,385.32 62375 MCGAW YMCA LAND, RENTAL OR LEASE 16,814.55 62375 CHICAGO TRANSIT AUTHORITY RENT FOR PARKING LEASE 990.00 62509 TOTAL PARKING SOLUTIONS, INC.MACHINE MAINTENANCE 240.00 62509 TOTAL PARKING SOLUTIONS, INC.WEB OFFICE MONITORING 780.00 65070 3C PAYMENT (USA) CORP AUGUST 2018 CREDIT AND DEBIT CARD TRANSACTION FEES 1,366.85 65070 3C PAYMENT (USA) CORP JULY 2018 CREDIT AND DEBIT CARD TRANSACTION FEES 1,267.90 7015 PARKING LOTS & METERS Total 109,313.65 7025 CHURCH STREET GARAGE 62400 SP PLUS PARKING PARKING GARAGE MANAGEMENT 23,967.03 64005 DYNEGY UTILITIES-DYNEGY 2,388.89 64505 COMCAST CABLE CABLE SERVICES 960.00 64505 CALL ONE COMMUNICATION CHARGES 428.73 7025 CHURCH STREET GARAGE Total 27,744.65 7036 2008B BOND SHERMAN GARAGE 53515 RYAN SESTER PARKING GARAGE REFUNDS 25.00 53515 JOSEPH ROTH PARKING GARAGE REFUNDS 25.00 53515 MICHAEL SNYDER PARKING GARAGE REFUNDS 25.00 53515 MICHELLE GOSSETT PARKING GARAGE REFUNDS 25.00 62225 ALL AMERICAN SIGN COMPANY PARKING-SIGN GARAGE 480.00 62400 SP PLUS PARKING PARKING GARAGE MANAGEMENT 55,502.59 62425 THYSSENKRUPP ELEVATOR *ANNUAL SHERMAN ELEVATOR SERVICE AGREEMENT 9,824.76 62509 AUTOMATED PARKING TECHNOLOGIES MAINTENANCE AT SHERMAN GARAGE 119.00 62509 AUTOMATED PARKING TECHNOLOGIES PROXIMITY CARD LABELS SHERMAN GARAGE 11.52 62660 MB EVANSTON SHERMAN, L.L.C.APRIL 2018 SHARED CUSTODIAL SERVICES 6,601.88 62660 MB EVANSTON SHERMAN, L.L.C.JULY 2018 SHARED CUSTODIAL SERVICES 7,016.41 62660 MB EVANSTON SHERMAN, L.L.C.JUNE 2018 SHARED CUSTODIAL SERVICES 7,016.41 62660 MB EVANSTON SHERMAN, L.L.C.MAY 2018 SHARED CUSTODIAL SERVICES 7,016.41 64005 DYNEGY UTILITIES-DYNEGY 7,113.18 64505 COMCAST CABLE CABLE SERVICES 960.00 64505 CALL ONE COMMUNICATION CHARGES 532.10 7036 2008B BOND SHERMAN GARAGE Total 102,294.26 7037 MAPLE GARAGE 53515 ACCUITY PARKING GARAGE REFUNDS 25.00 62400 SP PLUS PARKING PARKING GARAGE MANAGEMENT 46,672.63 62509 AUTOMATED PARKING TECHNOLOGIES PROXIMITY CARD LABELS 1800 MAPLE GARAGE 455.32 64005 DYNEGY UTILITIES-DYNEGY 5,158.90 64505 COMCAST CABLE CABLE SERVICES 960.00 64505 CALL ONE COMMUNICATION CHARGES 1,028.17 7037 MAPLE GARAGE Total 54,300.02 505 PARKING SYSTEM FUND Total 479,837.98 510 WATER FUND 510 WATER FUND 22700 ERICA CHAPMAN WATER REFUND 63.03 22700 R ROBERTS WATER REFUND 67.55 22700 JAMES SIGNORELLI & JOAN COHAN WATER REFUND 188.20 22700 MICHAEL VERTUCCI WATER REFUND 63.03 22700 LESTER & ROSALIE ANIXTER WATER REFUND 63.03 22700 ROBERT CHRISMER WATER REFUND 112.07 22700 MICHAEL I IORDANOV WATER REFUND 83.04 22700 WARREN WILKENSON C/O NANCY TERRY WATER REFUND 41.00 22700 CATHY OMALLEY WATER REFUND 99.81 22700 ANDREW WERTH WATER REFUND 184.93 510 WATER SUPPORT 965.69 4200 WATER PRODUCTION 56145 J.A. JOHNSON PAVING CO FIRE HYDRANT DEPOSIT REFUND 1,300.00 56145 PWS ENVIRONMENTAL INC.FIRE HYDRANT DEPOSIT REFUND 300.00 62210 ALLEGRA PRINT & IMAGING BUSINESS CARDS FOR BRIAN ANDERSEN 39.00 64505 CALL ONE COMMUNICATION CHARGES 272.17 64540 VERIZON NETWORKFLEET, INC.AVL TRACKERS 37.90 65095 OFFICE DEPOT OFFICE SUPPLIES 286.42 4200 WATER PRODUCTION Total 2,235.49 4208 WATER BILLING 64540 VERIZON WIRELESS METER LAPTOP 114.03 4208 WATER BILLING Total 114.03 4210 PUMPING 64005 COMED UTILITIES COMED 138.66 64005 DYNEGY UTILITIES-DYNEGY 89,549.43 64015 NICOR UTILITIES NICOR 28.06 65090 DEPENDABLE FIRE EQUIPMENT INC.FIRE EXTINGUISHERS INSPECTION 790.10 65090 NORTH SHORE ENH OMEGA PULMONARY SURVEILLANCE EXAMINATION 231.00 4210 PUMPING Total 90,737.25 4220 FILTRATION 65015 ALEXANDER CHEMICAL CORPORATION HYDROFLUOROSILICIC ACID (PER SPEC)2,672.00 65015 ALEXANDER CHEMICAL CORPORATION LIQUID ALUMINUM SULFATE (PER SPEC)13,108.17 65085 S4 WATER SALES AND SERVICE. LLC ANTHRACITE 23,727.00 65090 DEPENDABLE FIRE EQUIPMENT INC.FIRE EXTINGUISHERS INSPECTION 790.10 65090 NORTH SHORE ENH OMEGA ANNUAL PULMONARY SURVEILLANCE EXAM 101.00 4220 FILTRATION Total 40,398.27 4225 WATER OTHER OPERATIONS 62185 KARRA BARNES CMMS SPECIALIST CONTRACT SALARY 2018 7,500.00 62340 WATER RESOURCES AUTOMATIC METER INFO SYSTEM ANNUAL MAINTENANCE FEE 12,800.00 717008 62340 DATA TRANSFER SOLUTIONS, LLC CMMS VUEWORKS YEAR 2 1,327.50 62455 SEBIS DIRECT UTILITY BILL PRINT & MAIL SERVICES 688.75 4225 WATER OTHER OPERATIONS Total 22,316.25 4540 DISTRIBUTION MAINTENANCE 62210 ALLEGRA PRINT & IMAGING BACKFLOW POSTCARDS-FINAL NOTICE 83.00 62275 ALLEGRA PRINT & IMAGING BACKFLOW POSTCARDS-FINAL NOTICE 38.24 64540 VERIZON NETWORKFLEET, INC.AVL TRACKERS 170.55 65051 OZINGA CHICAGO RMC, INC.2018 CONCRETE PURCHASE 4,874.75 65055 NORTH SHORE TOWING HOOK AND TOW 40.00 65055 G & L CONTRACTORS, INC 2018 GRANULAR MATERIALS 368.34 4540 DISTRIBUTION MAINTENANCE Total 5,574.88 980 of 793 CITY OF EVANSTON BILLS LIST PERIOD ENDING 09.11.2018 5602 2018B BONDS 62716 CHAPMAN & CUTLER BOND COUNSEL SERVICES - 2018 ABCD GO BOND ISSUE 5,307.93 62716 MOODY'S INVESTORS SERVICE RATING AGENCY FEE - 2018 ABCD GO BOND ISSUE 3,088.25 62716 IMAGE MASTER PRINTING OF OFFICIAL STATEMENT FOR 2018 ABCD GO BOND ISSUE 185.15 62716 ZIONS BANK ANNUAL PAYING AGENT FEE - 2018 ABCD GO BOND ISSUE 175.44 62716 INDEPENDENT PUBLIC ADVISORS, LLC FINANCIAL ADVISORY SERVICES - 2018 ABCD GO BOND ISSUE 1,930.15 62716 ICE MILLER LEGAL COUNSEL DISCLOSURE COUNSEL FEE - 2018 ABCD GO BOND ISSUE 1,399.36 62716 IPREO LLC ELEC. DISTRIBUTION OF OFFICIAL STATEMENT - 2018 ABCD GO BONDS 120.64 62716 PFM FINANCIAL ADVISORS LLC FINANCIAL ADVISORY SERVICES - 2018 ABCD GO BOND ISSUE 5,066.66 62716 FITCH RATINGS, INC.RATING FEE FOR 2018 ABCD GO BOND ISSUE 2,605.71 5602 2018B BONDS Total 19,879.29 510 WATER FUND Total 182,221.15 513 WATER DEPR IMPRV &EXTENSION FUND 7330 WATER FUND DEP, IMP, EXT 717006 62145 STANLEY CONSULTANTS INC.SOUTH STANDPIPE PUMP STATION MCC & BLDG IMPRVS #16-74 1,702.80 733107 62145 CDM SMITH, INC.RFP 15-55 TREATED WATER STORAGE ENGINEERING 3,686.14 717017 62145 CRAWFORD, MURPHY & TILLY, INC.EMERSON ST WHOLESALE WATER METER-ENG SVCS RFP #17-36 22,887.28 417009 62145 PURE TECHNOLOGIES INSPECTION OF LARGE DIAMETER MAINS (RFP 17-51)202,414.40 417006 62145 ALFRED BENESCH & COMPANY 30" DOWNTOWN TRANSMISSION FEEDER MAIN ENG SVCS RFP 17-06 59,827.21 717003 65515 WATER RESOURCES WATER METERS & INSTALLATION 159,483.06 418001 65515 BOLDER CONTRACTORS 2018 WATER MAIN /STREET RESURFACING PROJECT BID 18-10 453,146.56 415450 65515 CHRISTOPHER B. BURKE ENGINEERING, LTD.SHERIDAN RD-CHICAGO AVE. PHASE III ENG SRVCS 31,401.85 7330 WATER FUND DEP, IMP, EXT Total 934,549.30 513 WATER DEPR IMPRV &EXTENSION FUND Total 934,549.30 515 SEWER FUND 4530 SEWER MAINTENANCE 62415 G & L CONTRACTORS, INC 2018 DEBRIS HAULING 1,152.60 62455 SEBIS DIRECT UTILITY BILL PRINT & MAIL SERVICES 688.74 64540 VERIZON NETWORKFLEET, INC.AVL TRACKERS 170.55 4530 SEWER MAINTENANCE Total 2,011.89 4535 SEWER IMPROVEMENTS 418009 62461 INSITUFORM TECHNOLOGIES 2018 CIPP SEWER REHAB CONTRACT A (BID 18-16)185,904.00 418001 65515 BOLDER CONTRACTORS 2018 WATER MAIN /STREET RESURFACING PROJECT BID 18-10 23,767.26 4535 SEWER IMPROVEMENTS Total 209,671.26 515 SEWER FUND Total 211,683.15 520 SOLID WASTE FUND 4310 RECYCLING AND ENVIRONMENTAL MAIN 62390 LAKESHORE RECYCLING SYSTEMS 2018 CONDO REFUSE COLLECTION CONTRACT 37,050.00 62405 SOLID WASTE AGENCY NORTHERN COOK FY 2018 SWANCC DISPOSAL FEES 61,180.82 62415 ACCURATE DOCUMENT DESTRUCTION, INC. EVANSTON RECYCLES EVENT 1,500.00 62415 SOLID WASTE AGENCY NORTHERN COOK FOURTH PAPER SHREDDING TRUCK FOR RECYCLING EVENT 750.00 62415 GROOT RECYCLING & WASTE SERVICES 2018 RESIDENTIAL REFUSE COLLECTION CONTRACT 131,678.00 62415 GROOT RECYCLING & WASTE SERVICES 2018 YARD WASTE COLLECTION CONTRACT 77,074.60 62415 COLLECTIVE RESOURCE INC.FY 2018 PLASTIC FILM COLLECTION 188.00 4310 RECYCLING AND ENVIRONMENTAL MAIN Total 309,421.42 520 SOLID WASTE FUND Total 309,421.42 600 FLEET SERVICES FUND 7705 GENERAL SUPPORT 64505 CALL ONE COMMUNICATION CHARGES 1,003.58 64540 VERIZON NETWORKFLEET, INC.AVL TRACKERS 151.60 65095 OFFICE DEPOT OFFICE SUPPLIES 14.99 65095 OFFICE DEPOT OFFICE SUPPLIES 49.43 7705 GENERAL SUPPORT Total 1,219.60 7710 MAJOR MAINTENANCE 62245 ATLAS BOBCAT, INC.FILL STATION REPAIRS AT ROBERT CROWN 455.00 62355 CINTAS #22 WEEKLY UNIFORM SERVICE 1,018.15 62355 CINTAS CORPORATION #769 WEEKLY MAT SERVICE 1,321.00 64540 VERIZON NETWORKFLEET, INC.AVL TRACKERS 170.55 65015 1ST AYD CORPORATION 55 GALLON DR DEGREASER 2,675.37 65035 STENSTROM PETROLEUM SERVICES GROUP FUEL PUMP SYSTEM REPAIRS 1,313.54 65035 STENSTROM PETROLEUM SERVICES GROUP TANK MONITOR REPAIRS 849.56 65035 GAS DEPOT INC.7,000 GALLONS B-20 BIO-DIESEL 17,628.31 65035 GAS DEPOT INC.7,000 GALLONS DIESEL 17,596.18 65035 GAS DEPOT INC.7,999 GALLONS UNLEADED 18,758.70 65050 CHICAGO CRANE & HOIST CO CRANE REPAIRS 1,913.10 65055 HIGH PSI LTD.PRESSURE WASHER REPAIRS 422.90 65055 A - 1 EQUIPMENT TIRE MACHINE MAINTENANCE 612.09 65060 1ST AYD CORPORATION AEROSOL CHEMICALS FOR SHOP 578.97 65060 ATLAS BOBCAT, INC.CREDIT FOR RETURNED PART -511.63 65060 ATLAS BOBCAT, INC.FRONT WINDOW LATCH 135.27 65060 CITY WELDING SALES & SERVICE INC.WELDING GASES 518.80 65060 CUMBERLAND SERVICENTER #581 TOW FROM FLEET GARAGE TO LAKESIDE INT'L 875.00 65060 CUMBERLAND SERVICENTER 3 VOLTAGE GAUGES 245.65 65060 CUMBERLAND SERVICENTER A/C COMPRESSOR #713 601.69 65060 CUMBERLAND SERVICENTER DOOR HANDLES 117.88 65060 CUMBERLAND SERVICENTER FUEL FILTERS 106.68 65060 CUMBERLAND SERVICENTER SPEEDOMETER 579.24 65060 CUMBERLAND SERVICENTER TOW #718 TO CUMBERLAND SERVICEMASTER 525.00 65060 DOUGLAS TRUCK PARTS RIVETS 88.68 65060 DOUGLAS TRUCK PARTS WESTERN PLOW LIFT RAM ASSY 179.58 65060 DUXLER TIRE & CAR CENTER #529 WHEEL ALIGNMENT 69.00 65060 EVANSTON CAR WASH & DETAIL CENTER 31 CAR WASHES 332.91 65060 GROVER WELDING COMPANY #541 FABRICATE A STEP LADDER FOR TRUCK 409.00 65060 GROVER WELDING COMPANY #721 WELD NEW BRACKET 669.57 65060 GROVER WELDING COMPANY FABRICATE PLATE TAILGATE CONVEYOR 120.00 65060 HAVEY COMMUNICATIONS INC.#204 UPFIT W/EMERGENCY LIGHTING 1,910.35 65060 HAVEY COMMUNICATIONS INC.#209 EMERGENCY LIGHTING INSTALLED 1,201.80 65060 HAVEY COMMUNICATIONS INC.#43 UPFIT NEW EPD VEHICLE 4,360.90 65060 HAVEY COMMUNICATIONS INC.#663 EMERGENCY LIGHTING 1,201.80 65060 HAVEY COMMUNICATIONS INC.#69 UPFIT NEW EPD VEHICLE 2,551.40 65060 HAVEY COMMUNICATIONS INC.BALANCE OF INVOICE FOR #204 EMERGENCY LIGHTING 246.62 65060 HAVEY COMMUNICATIONS INC.CAR #347R & #765 RESTORE WIRING TO FACTORY SETTINGS 325.00 65060 HAVEY COMMUNICATIONS INC.UNITROL REBUILT 104.50 65060 INTERSTATE BATTERY OF NORTHERN CHICAGO BATTERIES 1,079.41 65060 LEACH ENTERPRISES, INC.#608T RATCHET BINDERS AND CHAIN 244.28 1081 of 793 CITY OF EVANSTON BILLS LIST PERIOD ENDING 09.11.2018 65060 LEACH ENTERPRISES, INC.DESSICANT FILTERS 150.78 65060 LEACH ENTERPRISES, INC.EXHAUST ELBOWS 100.30 65060 LEACH ENTERPRISES, INC.STRAP KIT 60.00 65060 MONROE TRUCK EQUIPMENT #625 COUPLER BAR 149.32 65060 MONROE TRUCK EQUIPMENT SPREADER CHAIN BAR 1,500.92 65060 NORTH SHORE TOWING #315 TOW TO FLEET GARAGE 175.00 65060 NORTH SHORE TOWING #46 TOW TO GMF 85.00 65060 NORTH SHORE TOWING #517 TOW TO GMF 290.00 65060 NORTH SHORE TOWING #555 TOW BACK TO FLEET GARAGE 875.00 65060 NORTH SHORE TOWING #659 TOW BACK TO FLEET GARAGE 1,270.00 65060 NORTH SHORE TOWING TOW #555 BACK TO FLEET GARAGE 620.00 65060 NORTH SHORE TOWING TOW TRUCK BACK TO FLEET GARAGE 1,050.00 65060 PATTEN INDUSTRIES GRINDER BITS 962.52 65060 REGIONAL TRUCK EQUIPMENT COMPANY, INC.#628 HYDRAULIC REPAIR 3,332.14 65060 REGIONAL TRUCK EQUIPMENT COMPANY, INC.WESTERN PLOW PART ORDER 1,650.76 65060 STANDARD EQUIPMENT COMPANY #661 ALTERNATOR 417.47 65060 STANDARD EQUIPMENT COMPANY #661 DASH PANEL 112.43 65060 STANDARD EQUIPMENT COMPANY #925 HOSE ENDS 324.84 65060 STANDARD EQUIPMENT COMPANY 55 GALLON DRUM HV68 HYDRAULIC OIL 868.45 65060 STANDARD EQUIPMENT COMPANY FUSES 22.52 65060 STANDARD EQUIPMENT COMPANY MINI FUSE HOLDER #661 57.63 65060 TERMINAL SUPPLY CO.CABLE TIES 63.87 65060 VERMEER MIDWEST CHIPPER BLADE BOLTS 144.35 65060 VERMEER MIDWEST MOTOR #567 429.37 65060 VERMEER MIDWEST OIL SEAL #566 34.55 65060 WARREN'S SHELL SERVICE FUEL FOR GREENWAYS 605.74 65060 ZARNOTH BRUSH WORKS, INC.RUBBER PLOW BLADES 1,177.20 65060 WEST SIDE EXCHANGE 55 GALLON DRUM OF HYD OIL 796.91 65060 WEST SIDE EXCHANGE CLAMPS & O-RINGS 318.18 65060 WEST SIDE EXCHANGE CONTROLS #681 156.89 65060 WEST SIDE EXCHANGE FUEL SENDER 96.37 65060 BURRIS EQUIPMENT CO.CREDIT FOR FREIGHT CHARGES -185.00 65060 BURRIS EQUIPMENT CO.KUBOTA #617 PASSENGER SIDE DOOR ASSY 1,966.47 65060 TEREX UTILITIES, INC.#577 BASKET LEAK REPAIRS 582.12 65060 INTERSTATE POWER SYSTEMS, INC.#312 EXHAUST GAS COOLER REPAIR 3,711.07 65060 INTERSTATE POWER SYSTEMS, INC.#312 NOX SENSOR OUTLET 351.85 65060 INTERSTATE POWER SYSTEMS, INC.#313 COOLING SYSTEM REPAIRS 535.77 65060 INTERSTATE POWER SYSTEMS, INC.#324 ENGINE REPAIRS 1,156.56 65060 INTERSTATE POWER SYSTEMS, INC.CREDIT FOR A CORE RETURN -1,418.40 65060 INTERSTATE POWER SYSTEMS, INC.DP SENSOR KIT #312 95.85 65060 INTERSTATE POWER SYSTEMS, INC.EFD #322 ENGINE REPAIRS 7,421.40 65060 INTERSTATE POWER SYSTEMS, INC.OIL FILTER KIT 32.99 65060 P & G KEENE ELECTRICAL #328 ALTERNATOR AND REGULATOR 2,382.10 65060 P & G KEENE ELECTRICAL ALTERNATOR 272.83 65060 P & G KEENE ELECTRICAL STARTER 245.00 65060 GLOBAL EMERGENCY PRODUCTS, INC.#322 TOWED FROM GLOBAL TO INTERSTATE POWER 691.88 65060 GLOBAL EMERGENCY PRODUCTS, INC.#323 GAUGE & WIRE REPAIR 510.00 65060 GLOBAL EMERGENCY PRODUCTS, INC.#323 SEAT BELT 209.03 65060 GLOBAL EMERGENCY PRODUCTS, INC.#324 TOWED FROM GLOBAL TO INTERSTATE POWER 691.88 65060 GLOBAL EMERGENCY PRODUCTS, INC.#325 CYLINDER 858.24 65060 GLOBAL EMERGENCY PRODUCTS, INC.#325 DEF FILLER NECK 143.99 65060 GLOBAL EMERGENCY PRODUCTS, INC.#325 DEF TANK VENT & HOSES 125.24 65060 GLOBAL EMERGENCY PRODUCTS, INC.50W FAST ROTATING BEACON 104.93 65060 GLOBAL EMERGENCY PRODUCTS, INC.ADHESIVE TRUCK #325 69.36 65060 GLOBAL EMERGENCY PRODUCTS, INC.BLACK HANDLE 112.41 65060 GLOBAL EMERGENCY PRODUCTS, INC.COOLANT HOSE 269.70 65060 GLOBAL EMERGENCY PRODUCTS, INC.LED LIGHTS 530.27 65060 GLOBAL EMERGENCY PRODUCTS, INC.PROXY SWITCH 149.11 65060 GLOBAL EMERGENCY PRODUCTS, INC.RADIATOR CAP 15PSI 84.59 65060 FASTENAL COMPANY PLOW BOLTS 297.50 65060 MARTIN IMPLEMENT SALES, INC.CREDIT FOR TRACTOR RETURN -1,507.50 65060 MARTIN IMPLEMENT SALES, INC.TRACTOR RENTAL PAYMENT 3,015.00 65060 FOSTER COACH SALES, INC.BATTERY CONDITIONER 161.89 65060 FOSTER COACH SALES, INC.CARBON AIR FILTERS 88.16 65060 NEW RIDE INC.#2007 NEW BATTERY 283.05 65060 NEW RIDE INC.#2014 PMA 467.20 65060 ADVANCE AUTO PARTS 4# TUB DISC BRAKE GREASE 9.19 65060 SPEX HAND WASH CAR WASHES 743.00 65060 SPEX HAND WASH CAR WASHES D DETAIL 372.50 65060 LAKESIDE INTERNATIONAL, LLC #581 FLUIDS 154.94 65060 SPAULDING MFG. INC.DIESEL BURNER #630 911.31 65060 BILL'S AUTO & TRUCK REPAIR KEY CYLINDER FOR FUEL DOOR 32.51 65060 REINDERS, INC.#531 FAN-CONDENSER 543.28 65060 REINDERS, INC.#531 WIPER ARM 81.33 65060 REINDERS, INC.#533 FILTERS 240.99 65060 GOLF MILL FORD #134 CONTROL ARM 133.69 65060 GOLF MILL FORD #15 A/C LINES 58.27 65060 GOLF MILL FORD #166 VISOR 94.97 65060 GOLF MILL FORD #254 BRAKES & SHOCKS 705.37 65060 GOLF MILL FORD #254 INSULATORS 35.06 65060 GOLF MILL FORD #29 HUB ASSY 357.94 65060 GOLF MILL FORD #29 MAP SENSOR & PURGE VALVE 263.07 65060 GOLF MILL FORD #29 PINION SEAL 11.12 65060 GOLF MILL FORD #46 STEERING GEAR ASSY 1,392.90 65060 GOLF MILL FORD #48 EXHAUST GASKET 23.81 65060 GOLF MILL FORD #48 GASKETS 17.16 65060 GOLF MILL FORD #48 PTU 721.25 65060 GOLF MILL FORD #48 SCREW 14.00 65060 GOLF MILL FORD #503 BLOWER MOTOR 503.96 65060 GOLF MILL FORD #503 EVAPORATOR CORE 207.37 65060 GOLF MILL FORD #513 EGR COOLER REPAIRS 438.00 65060 GOLF MILL FORD #514 BUSHINGS 24.00 65060 GOLF MILL FORD #514 LINKS AND NUTS 109.08 65060 GOLF MILL FORD #514 MAP SENSOR 115.91 65060 GOLF MILL FORD #517 REPLACE HP PUMP & INJECTORS 8,166.48 65060 GOLF MILL FORD #544 SEAT BELT 83.20 65060 GOLF MILL FORD #56 COIL ASSY 323.17 65060 GOLF MILL FORD #56 EXTRA PROGRAMMED KEYS 188.35 65060 GOLF MILL FORD #56 IGNITION COILS 277.11 65060 GOLF MILL FORD #601 MIRROR & GLASS 138.93 65060 GOLF MILL FORD #626 CALIPER PIN 239.98 65060 GOLF MILL FORD #626 GASKET 15.40 65060 GOLF MILL FORD #635 COOLANT SENSOR 528.04 65060 GOLF MILL FORD #71 FUEL PIPE 139.22 65060 GOLF MILL FORD #733 DIESEL REPAIRS 4,505.49 65060 GOLF MILL FORD #800 COIL ASSY 217.32 65060 GOLF MILL FORD #800 VALVE COVER GASKET 27.21 1182 of 793 CITY OF EVANSTON BILLS LIST PERIOD ENDING 09.11.2018 65060 GOLF MILL FORD #906 ENGINE REPAIRS 2,459.59 65060 GOLF MILL FORD 4 SETS EGR PARTS 1,899.68 65060 GOLF MILL FORD BOLT 24.99 65060 GOLF MILL FORD CREDIT -567.96 65060 GOLF MILL FORD GASKET 43.40 65060 GOLF MILL FORD JEWELS 33.18 65060 GOLF MILL FORD MOULDING 80.93 65060 GOLF MILL FORD NUT & BOLT 28.76 65060 GOLF MILL FORD SENSOR #914 209.84 65060 GOLF MILL FORD TURN SIGNAL MODULES 575.16 65060 SUBURBAN ACCENTS, INC.#43 GRAPHICS & LETTERING 525.00 65060 SUBURBAN ACCENTS, INC.#69 GRAPHICS AND LETTERING 475.00 65060 SUBURBAN ACCENTS, INC.NUMBER DECALS 241.75 65060 ORLANDO AUTO TOP #29 REBUILD BENCH SEAT ASSY 700.00 65060 ORLANDO AUTO TOP #74 DOOR PANELS REPAIRED 185.00 65060 SIGLER'S AUTOMOTIVE & BODY SHOP, INC.#209 BODY REPAIRS 1,197.92 65060 SIGLER'S AUTOMOTIVE & BODY SHOP, INC.#432 BODY REPAIRS 873.00 65060 LAWSON PRODUCTS, INC.NO SPLASH PADS 98.36 65060 LAWSON PRODUCTS, INC.NUTS & BOLTS 205.62 65060 LAWSON PRODUCTS, INC.NUTS & PLOW BOLTS 300.83 65060 LAWSON PRODUCTS, INC.NUTS & WASHERS 124.00 65060 LAWSON PRODUCTS, INC.PLOW BOLTS 73.00 65060 CHICAGO PARTS & SOUND, LLC #29 BRAKE JOB 973.19 65060 CHICAGO PARTS & SOUND, LLC CALIPER PINS 352.68 65060 CHICAGO PARTS & SOUND, LLC EGR VALVE 1,116.56 65060 CHICAGO PARTS & SOUND, LLC MAP SENSORS 168.64 65060 CHICAGO PARTS & SOUND, LLC MOTOR CRAFT BRAKE PARTS 360.14 65060 CHICAGO PARTS & SOUND, LLC ROTOR 38.48 65060 CHICAGO PARTS & SOUND, LLC ROTORS 241.02 65060 ADVANCED PROCLEAN INC.FLEET POWER WASHING 2,163.25 65060 CONTINENTAL RESEARCH CORP.RUST INHIBITOR BLK & WHT 1,056.60 65060 MID-TOWN PETROLEUM ACQUISITION LLC DBA:GREASE 131.48 65060 APC STORES, INC., DBA BUMPER TO BUMPER #254 SHOCK BOLT KIT 8.29 65060 APC STORES, INC., DBA BUMPER TO BUMPER #254 SHOCKS 183.56 65060 APC STORES, INC., DBA BUMPER TO BUMPER #324 LED HEADLIGHTS 194.72 65060 APC STORES, INC., DBA BUMPER TO BUMPER #447 REAR PADS & ROTORS 107.13 65060 APC STORES, INC., DBA BUMPER TO BUMPER #71 BELT & TENSIONER 68.78 65060 APC STORES, INC., DBA BUMPER TO BUMPER #950 O2 SENSORS 174.47 65060 APC STORES, INC., DBA BUMPER TO BUMPER AIR FILTER 299.36 65060 APC STORES, INC., DBA BUMPER TO BUMPER AIR FILTERS 248.22 65060 APC STORES, INC., DBA BUMPER TO BUMPER BATTERY 132.00 65060 APC STORES, INC., DBA BUMPER TO BUMPER CABIN AIR FILTER 16.11 65060 APC STORES, INC., DBA BUMPER TO BUMPER CABIN AIR FILTERS 23.56 65060 APC STORES, INC., DBA BUMPER TO BUMPER COOLANT FILTER 7.24 65060 APC STORES, INC., DBA BUMPER TO BUMPER CREDIT -10.69 65060 APC STORES, INC., DBA BUMPER TO BUMPER DEEP CREEP DEGREASER 22.77 65060 APC STORES, INC., DBA BUMPER TO BUMPER FILTERS 859.46 65060 APC STORES, INC., DBA BUMPER TO BUMPER FUEL FILTERS 44.76 65060 APC STORES, INC., DBA BUMPER TO BUMPER HALOGEN CAPSULE 41.34 65060 APC STORES, INC., DBA BUMPER TO BUMPER HOSE CONNECTORS 58.35 65060 APC STORES, INC., DBA BUMPER TO BUMPER HYDRAULIC FITTING 103.74 65060 APC STORES, INC., DBA BUMPER TO BUMPER HYDRAULIC FITTINGS 903.31 65060 APC STORES, INC., DBA BUMPER TO BUMPER HYDRAULIC HOSE SPRING 92.25 65060 APC STORES, INC., DBA BUMPER TO BUMPER LED BACK UP LIGHTS 307.15 65060 APC STORES, INC., DBA BUMPER TO BUMPER NO SPLASH PADS FOR SHOP 98.36 65060 APC STORES, INC., DBA BUMPER TO BUMPER OIL FILTERS 201.96 65060 APC STORES, INC., DBA BUMPER TO BUMPER PIGTAIL & SOCKET 11.38 65060 APC STORES, INC., DBA BUMPER TO BUMPER TOOL FOR #766 37.08 65060 APC STORES, INC., DBA BUMPER TO BUMPER VUL CEMENT 8.19 65060 THE CHEVROLET EXCHANGE #766 ABS SENSOR 96.41 65060 THE CHEVROLET EXCHANGE #766 BRAKE JOB PARTS 3,412.66 65060 THE CHEVROLET EXCHANGE GASKET 7.76 65060 THE CHEVROLET EXCHANGE NUT 41.88 65060 THE CHEVROLET EXCHANGE RAIN GUARDS #41 81.00 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #310 GRAB HANDLE BEZEL 39.90 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #310 WINDOW REGULATOR & GLASS 1,070.00 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #623 AIR HORN AND T/S LIGHT ASSY 167.70 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #956 CONNECTORS 29.26 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC BREATHER FILTERS 297.60 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC CREDIT FOR CORE RETURNS -1,596.00 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC ICE SENSOR ASSY #956 399.80 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC PURCHASE FUEL INJECTORS FOR #956 4,211.00 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC THERMAL ISOLATOR 29.39 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC TRIM FASTENERS 140.25 65060 MILLER HYDRAULIC SERVICE, INC.CYLINDER REPAIR 467.28 65065 POMP'S TIRE SERVICE, INC.4 GOODYEAR TIRES 562.96 65065 WENTWORTH TIRE SERVICE TIRE REPAIR 145.00 65065 WENTWORTH TIRE SERVICE 12 NEW TIRES 3,203.16 65065 WENTWORTH TIRE SERVICE 2018 NEW TIRE PURCHASES 9,960.90 65065 WENTWORTH TIRE SERVICE RECAP TIRES 558.00 65065 WENTWORTH TIRE SERVICE RECAPPED TIRES 457.50 65065 WENTWORTH TIRE SERVICE TIRE REPAIR 1,754.92 65065 WENTWORTH TIRE SERVICE TIRE REPAIRS 491.99 65085 KENNETH A. WALUSIAK TOOL ALLOWANCE 2018 800.00 65085 MARCH, KEN TOOL ALLOWANCE 2018 800.00 65085 ROMEO U. LIM, JR.TOOL ALLOWANCE 2018 800.00 7710 MAJOR MAINTENANCE Total 198,234.99 600 FLEET SERVICES FUND Total 199,454.59 601 EQUIPMENT REPLACEMENT FUND 7780 VEHICLE REPLACEMENTS 62375 UNITED RENTALS ROLLER RENTAL FOR 2018 SEASON 5,304.94 65550 HAVEY COMMUNICATIONS INC.#209 EMERGENCY LIGHTING INSTALLED 1,201.80 65550 HAVEY COMMUNICATIONS INC.#43 UPFIT NEW EPD VEHICLE 4,360.90 65550 HAVEY COMMUNICATIONS INC.#663 EMERGENCY LIGHTING 1,201.80 65550 HAVEY COMMUNICATIONS INC.#69 UPFIT NEW EPD VEHICLE 2,551.40 65550 HAVEY COMMUNICATIONS INC.BALANCE OF INVOICE FOR #204 EMERGENCY LIGHTING 246.63 65550 HAVEY COMMUNICATIONS INC.CAR #347R & #765 RESTORE WIRING TO FACTORY SETTINGS 325.00 65550 HAVEY COMMUNICATIONS INC.UNITROL REBUILT 104.50 65550 VERMEER MIDWEST OIL SEAL #566 34.55 65550 CURRIE MOTORS REPLACEMENT VEHICLES E.P.D. #43 38,895.89 65550 CURRIE MOTORS REPLACEMENT VEHICLES E.P.D. #69 28,486.00 65550 72 HOUR LLC / DBA NATIONAL AUTO FLEET GROUP *PURCHASE OF REPLACEMENT TRUCK #720 171,726.00 65550 ORLANDO AUTO TOP #74 DOOR PANELS REPAIRED 185.00 65550 APC STORES, INC., DBA BUMPER TO BUMPER #324 LED HEADLIGHTS 194.72 65550 APC STORES, INC., DBA BUMPER TO BUMPER CREDIT -10.70 65550 APC STORES, INC., DBA BUMPER TO BUMPER HOSE CONNECTORS 58.35 7780 VEHICLE REPLACEMENTS Total 254,866.78 601 EQUIPMENT REPLACEMENT FUND Total 254,866.78 1283 of 793 CITY OF EVANSTON BILLS LIST PERIOD ENDING 09.11.2018 605 INSURANCE FUND 7800 RISK MANAGEMENT 780001 62130 ANCEL,GLINK,DIAMOND,BUSH,DICIANNI & KRAFTHEFER, P.VILLAGE OF SKOKIE 17,662.50 780001 62130 KLEIN, THORPE AND JENKINS, LTD CITIZEN INQUIRY 1,656.50 780102 62130 LANER MUCHIN, LTD EEOC COMPLAINT 21,987.80 780001 62130 LANER MUCHIN, LTD JACKSON-NELSON GRIEVANCE 162.50 780001 62130 FREDRIC R. DICHTER FOP LABOR COUNCIL 2,800.00 780001 62130 REILLY, SULLIVAN & DOOLEY, LLC PROPERTY ISSUE 5,500.00 780001 62130 ROBBINS SCHWARTZ NICHOLAS LIFTON & TAYLO LEGAL MATTERS - JUNE & JULY 40,987.40 780001 62130 TRIBLER ORPETT & MEYER, P. C.ARDC 1,017.50 780001 62130 TRIBLER ORPETT & MEYER, P. C.CALDWELL V COE 6,030.01 62130 TRIBLER ORPETT & MEYER, P. C.CALDWELL V. COE 6,931.30 790195 62130 TRIBLER ORPETT & MEYER, P. C.CRNKOVIC V COE FINAL BILL 557.00 790169 62130 TRIBLER ORPETT & MEYER, P. C.CROSBY V COE 12,010.04 780001 62130 TRIBLER ORPETT & MEYER, P. C.GENERAL MATTERS 465.00 62130 TRIBLER ORPETT & MEYER, P. C.WILSON V COE 1,789.40 790200 62130 TRIBLER ORPETT & MEYER, P. C.WILSON V COE 1,260.00 780084 62130 JEEP & BLAZER JAMES PARK BILLING THRU 6/2018 656,874.92 780001 62130 JEEP & BLAZER LEGAL SERVICES 449.00 780001 62130 STEVEN BIERIG AFSCME ARBITRATION 800.00 62266 CCMSI 3RD QUARTER CLAIMS & ADMIN FEES 23,375.00 62615 ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES INC.CONSULTING AGREEMENT INSTALLMENT 3 32,500.00 62615 PHILADELPHIA INSURANCE COMPANIES SPECIAL EVENTS PACKAGE FEE 20.00 66044 STATE TREASURER, ILLINOIS WORKERS'ILLINOIS WORKER'S COMP COMMISSION-INJURY FUND 3,220.65 7800 RISK MANAGEMENT Total 838,056.52 7801 EMPLOYEE BENEFITS 66054 SENIORS CHOICE SENIORS CHOICE MONTHLY INVOICE 1,723.21 7801 EMPLOYEE BENEFITS Total 1,723.21 605 INSURANCE FUND Total 839,779.73 Grand Total 7,952,868.05 1384 of 793 CITY OF EVANSTON BILLS LIST PERIOD ENDING 09.11.2018 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT GENERAL 2315.53675 VARIOUS AMBULANCE REFUNDS 1,786.32 VARIOUS VARIOUS RECTRAC REFUNDS 1,990.55 3,776.87 INSURANCE VARIOUS IPBC MONTHLY CORPORATIVE CONTRIBUTION 1,225,926.37 VARIOUS VARIOUS WORKERS COMP 36,607.23 VARIOUS VARIOUS CASUALTY LOSS 544.68 VARIOUS VARIOUS WORKERS COMP 12,389.02 VARIOUS VARIOUS WORKERS COMP 9,794.31 VARIOUS VARIOUS WORKERS COMP 19,764.84 VARIOUS VARIOUS WORKERS COMP 4,104.38 1,309,130.83 SEWER 7479.68305 IEPA LOAN DISBURSEMENT SEWER FUND 128,528.36 7565.68305 IEPA LOAN DISBURSEMENT SEWER FUND 76,866.64 7620.68305 IEPA LOAN DISBURSEMENT SEWER FUND 220,788.88 426,183.88 VARIOUS VARIOUS TWIN EAGLE NATURAL GAS-JUNE 2018 13,545.34 VARIOUS COOK COUNTY SALES, USE TAX AND E911 SURCHARGE 3,693.00 VARIOUS COOK COUNTY PARKING TAX 47,856.12 65,094.46 1,804,186.04 Grand Total 9,757,054.09 PREPARED BY DATE REVIEWED BY DATE APPROVED BY DATE 1485 of 793 For City Council meeting of September 17, 2018 Item A3 Business of the City by Motion, Leaf Hauling/Disposal For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Edgar Cano, Public Services Bureau Chief Subject: Leaf Hauling/Disposal Contract- 2018 Season Date: September 4, 2018 Recommended Action: Staff recommends City Council authorize the City Manager to execute a one-year contract for leaf hauling/disposal with Thelen Materials, LLC (28957 W. IL Route 173 Antioch, IL 60002) in the not to exceed amount of $40,000. Funding Source: Funding for this work will be from the following: Fund Account FY 2018 Budget Contract Amount Remaining Balance General 100.40.4510.62415 $45,000 $40,000 $40,000 Livability Benefits: Built Environment – Enhance Public Spaces Climate & Energy – Reduce Material W aste Natural Systems – Create and Maintain Green Infrastructure Background Information: Every fall, as a complement to street cleaning operations, the City’s Public Works Agency uses additional equipment to collect large volume of leaves that fall in the street. These operations are weather dependent and run approximately from mid- October to mid-December. With the high number of parkway trees, leaf collection operations are essential in keeping streets and drainage structures clear of debris and open to allow proper drainage, in compliance with MWRD guidelines. Proper leaf collection also assists in maintaining our infrastructure and roadways and providing a clean and safe area for vehicles to park. Many of our residential streets are narrow and leaf piles and debris in Memorandum 86 of 793 the roadway limit parking and the ability of vehicles to safely traverse our streets. If left over the winter months, leaf piles become snow covered causing them to pack and freeze to the road surface, hampering snow removal operations and creating areas of concern. Current City collection practice is to use 1-ton pickup trucks with special “pusher” plows to push all leaf and organic material debris on the road to the end of the block, producing a pile. The pile of leaves is then picked up by a front end loader fitted with a clam bucket and put into city dump trucks. These trucks haul the leaf debris to a temporary, IEPA permitted, transfer station located near James Park. The leaves are dropped for a period no longer than 24 hours before an outside hauling company removes the leaves and transfers them to an approved and certified compost facility for disposal. Leaf collection operations follow the current street cleaning schedule so as to not cause confusion or disruption to our residents and visitors by further prohibiting parking. Bid Summary: In August of this year, staff solicited bids for the hauling/disposal of leaves. The contract is for a one-year period, with the right to negotiate and extend the contract for up to two (2) additional one-year periods. Results of the Bid are as follows: Contractor Bid Quantity Unit Price (truckload) Estimated Total Cost Thelen Materials, LLC 60 $595.00 $35,700.00 Davin Industries, Inc 60 $635.00 $38,100.00 City staff recommends awarding this contract to Thelen materials, LLC. Thelen submitted the lowest bid and has successfully performed leaf hauling operations for the City of Evanston in the past. Attachments: Bid 18-48 - Leaf Hauling Bid tab 87 of 793 City of Evanston Bid Number: 18-48 Bid Opening: 2:00 p.m., Tuesday, September 4, 2018, Room 2404, Lorraine H. Morton Civic Center, 2100 Ridge Ave., Evanston, IL 60201 Company Name City/State Total Base Bid Price Thelen Materials, LLC Antioch, IL $35,700.00 Davin Industries, Inc.Rosement, IL $38,100.00 Groot Industries, Inc.Elk Grove Village, IL No Bid Letter 2018 Leaf Hauling and Disposal 88 of 793 For City Council meeting of September 17, 2018 Item A4 Business of the City by Motion: Treated Water Storage Change Order No. 3 For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Lara Biggs, P.E., Bureau Chief – Capital Planning / City Engineer Paul Moyano, P.E., Senior Project Manager Subject: Treated Water Storage Replacement Project Engineering Services (15-55) Approval of Change Order No. 3 Date: September 6, 2018 Recommended Action: Staff recommends that City Council authorize the City Manager to execute Change Order No. 3 to the agreement for the Treated Water Storage Replacement Project Engineering Services to CDM Smith (125 South Wacker Drive, Suite 600, Chicago, IL) in the amount of $22,040.00. This will increase the total contract amount from the current contract price of $1,328,730.00 to $1,350,770.00. Funding Source: Funding will be from the Water Fund, Capital Improvement Account 513.71.7330.62145 -733107, which has an FY 2018 budget allocation of $12,500,000. The FY 2018 budget allocation anticipated beginning construction in 2018. Because of delays in initiating construction, funding remains available in 2018. Staff is in the process of applying for a low-interest loan from the Illinois Environmental Protection Agency (IEPA). The loan offer is only given after the design has been finalized and the contractor has been selected for construction. If the City is successful in obtaining the loan, eligible engineering fees will be funded by the loan. Livability Benefits: Built Environment: Manage water resources responsibly Reduce Environmental Impact: Improve energy and water efficiency Health and Safety: Enhance resiliency to natural and human hazards Memorandum 89 of 793 Background: On January 11, 2016, the City Council awarded the engineering services for the treated water storage replacement to CDM Smith. Currently, CDM Smith is working to finalize bid documents and will assist the City during the bidding process. The existing treated water storage tank is located beneath a Northwestern University (NU) parking lot at the southwest corner of Lincoln Street and Campus Drive. The City has been coordinating closely with NU throughout design. On January 23, 2017, the City Council approved the first change order to the CDM contract for additional engineering to mitigate the impact of the proposed storage tank construction to existing adjacent University buildings. On July 10, 2018, the City Council approved the second change order to the CDM contract to account for an expanded electrical room area required to accommodate the installation of a new 400 HP pump that will be installed as part of this project. Analysis: During final negotiations with Northwestern University (NU) related to restoration of the site and easement requirements, some additional changes to the design were required. Design changes are listed in the attached letter from CDM dated August 6, 2018, and include: • Strengthening of the designed structure to allow for additional fill on top of the reservoir required to accommodate NU’s proposed restoration plans. • Revision of proposed site grading to address aesthetic concerns from NU. • Expanded restoration area to address grading and drainage between the reservoir and existing buildings. • Revision to access plans for city maintenance. • Revision to the lighting plan. While these changes result in an overall improvement to the project, they were initiated late in the design, resulting in the additional cost to incorporate them. The total change in fees is 1.6% of the total design cost, or less than 0.1% of the total anticipated project cost. A summary of the project funding is as follows: Item Amount Original Contract Amount (Awarded by City Council on January 11, 2016) $1,174,685.00 Current Contract Amount $1,328,730.00 Change Order No. 3 (Under Consideration) $22,040.00 Revised Total Contract Amount $1,350,770.00 FY2018 Budget Allocation $12,500,000.00 The time extension included in this Change Order is to account for delays external to the engineering contract, and serves to provide continuity to this contract. 90 of 793 Legislative History: City Council awarded the contract to CDM Smith on January 11, 2016. City Council authorized Change Order #1 on January 23, 2017. City Council authorized Change Order #2 on July 10, 2018. Attachments: Change Order No. 3 Change Order Proposal from CDM Smith 91 of 793 CITY OF EVANSTON CHANGE ORDER Order No. 003 Date: September 1, 2018 Agreement Date: January 14, 2016 PROJECT: Treated Water Storage Replacement OWNER: City of Evanston CONTRACTOR: CDM Smith The following changes are hereby made to the AGREEMENT: Additional engineering related to design revisions required to meet requirements of the property easement agreement with Northwestern University. Engineering services are described in the attached Proposal for Modification to the Design of the Clearwell 9 Replacement Project by CDM dated August 6, 2018. Original CONTRACT PRICE: $ 1,174,685.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDERS $ 1,328,730.00 Total change in CONTRACT PRICE for this CHANGE ORDER 003 $ 22,040.00 The CONTRACT PRICE including this CHANGE ORDER will be $ 1,350,770.00 Original COMPLETION DATE May 31, 2018 Current COMPLETION DATE adjusted by previous CHANGE ORDERS May 31, 2018 Total Change in CONTRACT TIME for this CHANGE ORDER 214 The COMPLETION DATE including this CHANGE ORDER will be December 31, 2018 Accepted by (Contractor): CDM Smith Date Approved by (Owner): City of Evanston Date 92 of 793 August 6, 2018 Paul Moyano, P.E., PMP Senior Project Manager – Water and Sewer City of Evanston, Public Works Agency Lorraine H. Morton Civic Center 2100 Ridge Avenue Evanston, Illinois 60201 Subject: Treated Water Storage Replacement Project (RFP 15-55) Proposal for Modification to the Design of the Clearwell 9 Replacement Project Dear Mr. Moyano: In response to your request, and for your consideration, CDM Smith is pleased to provide this proposal for services related to modifications to the design of the Clearwell 9 replacement project for the Evanston Water Treatment Plant (WTP). Scope of Services CDM Smith understands that the City of Evanston (City) wishes to incorporate changes to the 100% design drawings for this project to accommodate recent requests from Northwestern University (NU) related to the final landscaping, grading, and finishes for the clearwell and associated structures. The proposed modifications to the design drawings include: Civil: Revise final site grading to eliminate railings in the areas requested by NU, where feasible. Change from soil fill to lightweight fill material over the clearwell. Eliminate the paved approach drive over the clearwell. Re-model and revise, if feasible, the vehicle access path onto the clearwell. Revise the location of the underdrain manhole and infiltration manhole to accommodate the revised vehicle access path. Model and revise the site drainage to the west of the clearwell. Incorporate information from the as-built survey for the 560 Lincoln dormitory. Revise stormwater drainage calculations for the revised site grading and paving areas. Replace the design for permeable grass pavers with reinforced soil. Revise the turn-around areas at the clearwell access hatch. Structural: Revise structural design drawings and details to eliminate railing, where feasible. Incorporate details for seat wall and concrete finishing requested by NU. Review and revise calculations for structural loading due to increased soil height. Investigate options for reducing loading on the new clearwell roof. 93 of 793 Paul Moyano – August 6, 2018 Page 2 Geotechnical: Revise underdrain layout drawings to incorporate relocation of underdrain manhole described above. Electrical: Revise lighting plan as requested by NU. Proposed Project Fee In consideration of the aforementioned proposed scope of services, CDM Smith proposes to perform the defined Tasks for the not to exceed fee of $22,040. Compensation will be on an hourly basis, in accordance with the attached hourly billing rate schedule, and will include reimbursement for travel, work product reproduction, and express mail. An estimate of labor effort breakdown is included as an attachment. Please call either Mark or myself directly should you have any questions or request any additional information regarding our proposal revision. We thank you in advance for your consideration. Very truly yours, Chris M. Martel, P.E., BCEE, LEED AP Mark C. White, P.E., BCEE Vice President Project Manager CDM Smith Inc. CDM Smith Inc. Attachment 94 of 793 City of EvanstonTreated Water Storage Replacement Project - Modifications to the 100% Design DrawingsTask DescriptionPM / Design LeadStructural EngineersSite Civil - Terra (WBE)Geotechnical EngineersElectrical - AAA (WBE)Labor HoursLabor DollarsOther Direct Costs3 Design EngineeringModifications to 100% Design105358816145$22,040Totals Hours105358816145Totals Dollars$2,349$7,394$8,410$1,488$2,400$22,040$0TOTAL ENGINEERING FEEProposed Project Tasks and Fee$22,0406-Aug-1895 of 793 For City Council meeting of September 17, 2018 Item A5 Business of the City by Motion: Change Order 2- 50 50 Sidewalk Improvement For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Lara Biggs, P.E., Bureau Chief – Capital Planning / City Engineer Rajeev Dahal, Senior Project Manager Subject: 2018 50/50 Sidewalk Replacement Project (Bid No. 18-14) Change Order No. 2 Date: August 30, 2018 Recommended Action: Staff recommends that City Council authorize the City Manager to execute Change Order No. 2 to the 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 $10,085.00. Change Order No. 1 increased the contract amount from $211,000.00 to $227,792.00. Proposed Change Order No. 2 will increase the contract amount to $237,877.00. Funding Source: Funding for this work will be from the Dodge Avenue Bus Stop Pilot Fund (Account 415.40.4118.65515 – 418013), which has $50,000 budgeted in 2018. Livability Benefits: Built Environment: provide complete streets; promote diverse transportation mode Health & Safety: promote healthy and active lifestyles Climate & Energy: Reduce greenhouse gas emission Equity & Empowerment: Ensure equitable access to community assets Background: The City Council awarded the 2018 50/50 Sidewalk Replacement Project to Schroeder & Schroeder Inc. on April 23, 2018. This project provides for the replacement of sections of deteriorated sidewalk at the request of the property owner as a 50/50 cost share with the City. The scope of Change Order No. 1 included the removal of sidewalk brick pavers; concrete sidewalk installation, curb and gutter work at the north east corner of Sherman Avenue and Grove Street. Memorandum 96 of 793 This change order includes the installation of concrete pads at the approved CTA bus stop locations on Dodge Avenue between Main Street and Oakton Street to comply with Americans with Disabilities Act (ADA). The City Council approved these bus stop locations on August 13, 2018. Attachments: Proposed Change Order No. 2 97 of 793 98 of 793 For City Council meeting of September 17, 2018 Item A6 Business of the City by Motion: Rock Salt Purchase For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Edgar Cano, Public Services Bureau Chief Subject: Rock Salt Purchase Contract Extension #2 Date: August 30, 2018 Recommended Action: Staff recommends City Council authorize the City Manager to execute a one-year contract extension for the purchase of up to 7,500 tons of rock salt from Morton Salt Company (123 N. Wacker Drive, Chicago, IL) at a cost of $64.21 per ton, for a winter season (2018/19) total of $481,575. Funding Source: Funding for this purchase will be provided from the Snow and Ice Control Fund (Account 100.40.4550.65015), which has a budget of $331,095 and a YTD balance of $16,195. Staff anticipates needing to spend the remainder of the balance in FY2018 which will come from the 2017/18 Rock Salt Purchase Order. Staff will request a FY2019 budget allocation of $465,380 for the purchase of the remaining tons needed to complete the 7,500 tons of salt. Livability Benefits: Built environment – Enhance Public Spaces Health & Safety – Enhance Resiliency to Natural and Human Hazards Summary: In June of 2016, staff solicited bids for the purchase of rock salt. The contract is for a one-year period, with the right to negotiate and extend the contract for up to two additional, one-year periods; this being the second year of extension. The bid specification includes a flexible quantity requirement that allows the City to either increase or decrease the actual delivered quantify by 30% of the estimated quantity. A flexible quantity clause for rock salt is a best industry practice that ensures municipalities can purchase what they need based on the winter season’s weather condition. This clause requires the City to purchase up to 70% of our order (5,250 tons) and gives us the right to purchase up to 130% of our order (up to 9,750 tons). Last Memorandum 99 of 793 year/season the City purchased approximately 7,040 tons of salt. The City currently has 3,500 tons of salt in storage from last year. For the 2018/2019 season, salt is expected to be in short supply. Last season was above average in snowfall with some regions experiencing heavy and frequent storms which led to depleted stock piles. Vendors have not been able to mine enough salt to meet demand and establish proper reserve levels. This has led to a significant increase in pricing compared to the previous year and is preventing some vendors from acquiring new customers. In an attempt to find competitive pricing for the 2018/2019 season, City staff requested quotes from three additional vendors (Cargill, Compass Minerals, and Detroit Salt), two of which would not provide pricing stating they simply did not have the supply and could not take any new customers or contracts this year; the third did not respond to our inquiry. Funding Summary: In order to be prepared for continuous, frequent snow falls, staff attempts to keep the salt dome full at all times. Fortunately, the salt dome is nearly full starting the winter season and staff therefore anticipates only needing to purchase approximately 250 tons of salt during the remainder of 2018. This will leave a balance of approximately $0 in the FY2018 budget allocated for the purchase of salt. Staff will request a budget allocation of $465,380 for salt purchase in the FY2019 budget. History: The quantity of salt used in any given winter is dependent on both temperatures and precipitation. The table below provides a summary of salt utilization over the past several years. Winter Season Price per Ton Tons Purchased 2018/2019 $64.21 7,500 Estimated 2017/2018 $47.35 7,040 2016/2017 $51.21 5,100 2015/2016 $69.71 6,000 2014/2015 $60.61 7,500 2013/2014 $60.61 8,332 Attachment: Morton Salt Quote 100 of 793 101 of 793 For City Council meeting of September 17, 2018 Item A7 Business of the City by Motion: Emergency Fire Panel Replacement at the Civic Center For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Erika Storlie, Deputy City Manager/Director of Administrative Services Sean Ciolek, Division Manager of Facilities Management Lara Biggs, Bureau Chief – Capital Planning/City Engineer Subject: Emergency Fire Panel Replacement at the Civic Center Date: September 7, 2018 Recommended Action: Staff recommends City Council authorize the City Manager to execute an emergency, single-source agreement for the replacement of the existing fire panels and system devices at the Lorraine H. Morton Civic Center with Johnson Controls (91 N. Mitchell Court, Addison, IL) in the amount of $108,497.00. Funding Source: Funding will be from the CIP 2018 General Obligation Bond. Funding is available in the 2018 Facilities Contingency (Account 415.40.4118.65515 - 618028), which was budgeted at $275,000 and has $272,162.10 remaining. Livability Benefit: Health & Safety: Improve emergency prevention and response; Enhance resiliency to natural and human hazards Built Environment: Enhance public spaces Summary: The City of Evanston currently has an existing fire alarm system in place at the Lorraine H. Morton Civic Center. This system includes an existing 4100 Plus Simplex Addressable Fire Panel, Remote Command Center, Transponder and Addressable Devices. The Simplex system is a proprietary system that is now serviced and maintained by Johnson Controls. The City currently has an annual service and maintenance agreement with Johnson to ensure that the system is inspected and functioning properly. The technicians at Johnson Controls (who were formerly with Simplex) are also familiar with our building and its fire protection systems. Memorandum 102 of 793 The Fire Alarm System in the Civic Center (installed in 2001) is addressable, made up of a series of detection devices that are connected back to a central control panel. This type of system is ideal for large buildings, and allows Facilities Management staff and the Fire Department to quickly identify the exact location of a triggered or troubled device. This is a critical system that allows first responders and staff to respond to alarms, evacuate the building in life safety situations and determine quickly where and how to address the emergency. Recently, the system has been alarming due to “trouble alerts,” indicating a problem within the system. Most recently the panel went into trouble status due to another failed component. The technician was able to bypass the failed component temporarily, but the panel will only continue to decline. After evaluating the system, it was determined that the main 4100 Plus Simplex Addressable Fire Panel is obsolete, and repair parts are no longer available. Therefore, it needs to be upgraded to a 4100ES FACP, which is a current model, has readily available parts and will perform reliably. The existing Remote Command Center Panel, currently located in Room 1450 (the former Facilities Management Office), will also be relocated to the Facilities Shop for easier staff access and to minimize disruptions to the payroll staff who currently occupy Room 1450. The existing transponder and all addressable devices throughout the building will also need be replaced to ensure that the whole system is in good working order for proper protection of the building and its occupants. Since the fire alarm system is proprietary and developed by only one company there are no other competitors that can offer the service. Attachments: Johnson Controls Proposal, dated 9/12/18 103 of 793 91 N Mitchell Ct ADDISON, IL 60101-5608 (630) 948 1100 FAX: (630) 948 1150 Johnson Controls Quotation TO: City Of Evanston Project: Combined City Evanston - FACP+ 2100 Ridge Ave Customer Reference: Revised with all panels & Devices Attn: Facilities Manageme Johnson Controls Reference: 608782702 EVANSTON, IL 60201-2798 Date: 09/12/2018 Attn: Luke Tatara Page 1 of 9 Phone: (847) 866-2973 EXT(____) Fax: Johnson Controls is pleased to offer for your consideration this quotation for the above project. QUANTITY MODEL NUMBER DESCRIPTION REV 4100ES FACP Upgrade CIVIC CENTER NODE 1 1 4100-9111 4100ES PRECONFIG DOMESTIC 120V 2 4100-0011 FACTORY USE ONLY-AUDIO SHIPKIT 1 4100-0634 POWER DISTRIBUTION MODULE 120V 1 4100-1241 MESSAGE EXPANSION, 8 MINUTES 1 4100-1252 AUDIO IF MODULE, SGL CHANNEL 4 4100-1278 16 SW/16 RED/YEL PLUG LED 6 4100-1279 2 BLANK DISPLAY MODULE 3 4100-1282 8 SW, 16RED/YEL LED MOUDLE 2 4100-1288 64/64 LED/SWITCH CONTROLLER 1 4100-1289 EXPANSION 64/64 LED/SW MODULE 1 4100-1294 LED/SWITCH SLIDE-IN LABEL KIT 1 4100-2300 EXPANSION BAY (PHASE 10 ONLY) 1 4100-2303 LEGACY CARD STABILIZER BRKT 1 4100-2320 AUDIO EXPANSION BAY 1 4100-5005 ZONE MODULE, 8 IDC, CLASS B 1 4100-6038 DUAL RS-232 IF CARD 1 4100-6052 EVENT/POINT REPORTING DACT 2 4100-6056 NETWORK MEDIA CARD WIRED 1 4100-6078 NETWORK IFC CARD, MODULAR 1 4100-9620 BASIC AUDIO W/MIKE-ANALOG 1 41002153 INDICATOR ONLY 3 BAY GLASS 1 41007905 FACTORY BUILT-MAIN CONFIGURED ATTIC TRANSPONDER 1 4100-9600 BASIC TRANSPONDER 1 4100-0621 ANALOG AUDIO RISER MODULE 1 4100-0634 POWER DISTRIBUTION MODULE 120V 1 4100-1249 100W CLASS A ADAPTER 1 4100-1315 100W AMP W/6 B NACS 120VAC 70V 2 4100-2300 EXPANSION BAY (PHASE 10 ONLY) 1 4100-2320 AUDIO EXPANSION BAY 1 4100-5101 XPS POWER, 3 NACS, 120VAC 1 4100-5115 XPS EXPANSION MODULE, 3 NACS THIS QUOTATION AND ANY RESULTING CONTRACT SHALL BE SUBJECT TO THE GENERAL TERMS AND CONDITIONS ATTACHED HERETO. Fire, Security, Communications, Sales & Service Offices & Representatives in Principal Cities throughout North America 104 of 793 Project: Combined City Evanston - FACP+ Customer Reference: Revised with all panels & Devices Johnson Controls Reference: 608782702 Date: 09/12/2018 Page 2 of 9 Johnson Controls Quotation QUANTITY MODEL NUMBER DESCRIPTION 1 4100-5116 EXPANSION AUDIO SIGNAL CARD 1 4100-5125 RPS POWER, 3 NACS, 120VAC 1 41002163 INDICATOR ONLY 3 BAY SOLID 1 41007905 FACTORY BUILT-MAIN CONFIGURED CUSTOM MESSAGES 1 4100-8804 AUDIO PROGRAMMING SOFTWARE 4100ES Main Back boxes & Bat's Back boxes & batteries 1 2975-9446 3 BAY BB/GDOOR/DRESS PNL PLAT 2 2081-9279 BATTERY 110AH 1 4100-0650 BATTERY SHELF 1 2081-9280 BATT CAB ONLY F/2081-9279 4100ES Attic Trans BB Back boxes & batteries 1 2975-9446 3 BAY BB/GDOOR/DRESS PNL PLAT 2 2081-9279 BATTERY 110AH 1 4100-0650 BATTERY SHELF Or is there a Retro Kit to use Do I need a charger? 1 2081-9280 BATT CAB ONLY F/2081-9279 GRND FLR NODE 2 GRND FLR NODE 2 1 4100-9111 4100ES PRECONFIG DOMESTIC 120V 2 4100-0011 FACTORY USE ONLY-AUDIO SHIPKIT 1 4100-0634 POWER DISTRIBUTION MODULE 120V 1 4100-1241 MESSAGE EXPANSION, 8 MINUTES 1 4100-1249 100W CLASS A ADAPTER 1 4100-1252 AUDIO IF MODULE, SGL CHANNEL 4 4100-1277 16 RED/YEL PLUGGABLE LED MOD 6 4100-1279 2 BLANK DISPLAY MODULE 3 4100-1282 8 SW, 16RED/YEL LED MOUDLE 2 4100-1288 64/64 LED/SWITCH CONTROLLER 1 4100-1289 EXPANSION 64/64 LED/SW MODULE 1 4100-1294 LED/SWITCH SLIDE-IN LABEL KIT 1 4100-1315 100W AMP W/6 B NACS 120VAC 70V 1 4100-2300 EXPANSION BAY (PHASE 10 ONLY) 1 4100-2320 AUDIO EXPANSION BAY 1 4100-3206 8 POINT 3 AMP AUX RELAY MODULE 1 4100-5101 XPS POWER, 3 NACS, 120VAC 1 4100-5115 XPS EXPANSION MODULE, 3 NACS 3 4100-5116 EXPANSION AUDIO SIGNAL CARD 1 4100-6052 EVENT/POINT REPORTING DACT 2 4100-6056 NETWORK MEDIA CARD WIRED 1 4100-6078 NETWORK IFC CARD, MODULAR 1 4100-9620 BASIC AUDIO W/MIKE-ANALOG Fire, Security, Communications, Sales & Service Offices & Representatives in Principal Cities throughout North America 105 of 793 Project: Combined City Evanston - FACP+ Customer Reference: Revised with all panels & Devices Johnson Controls Reference: 608782702 Date: 09/12/2018 Page 3 of 9 Johnson Controls Quotation QUANTITY MODEL NUMBER DESCRIPTION 1 41002153 INDICATOR ONLY 3 BAY GLASS 1 41007905 FACTORY BUILT-MAIN CONFIGURED 4100ES Remote Station BBox Back boxes & batteries 1 2975-9446 3 BAY BB/GDOOR/DRESS PNL PLAT 2 2081-9281 50AH BATTERY CABINET, BEIGE 1 4100-0650 BATTERY SHELF FACP Professional Services FACP Technical Services Devices Replace EX Addressable Devices Replace EX Addressable Initiating Devices 24 4099-9006 STATION-LED, DA PUSH ADDR 71 4098-9714 PHOTO SENSOR 71 4098-9792 SENSOR BASE 54 4098-9733 HEAT SENSOR 54 4098-9792 SENSOR BASE Hi Temp Heat Det -Attic 12 5604 SINGLE-CIRCUIT 194 FIXED 12 4090-9001 SUPERVISED IAM No Point of Connection SSWF Non-sprinkled building Addressable Duct Detectors 3 4098-9756 DUCT SENSOR HOUSING-4-WIRE 3 2098-9806 REMOTE TEST STATION 3 4098-9857 SAMPLING TUBE 73", PLASTIC 3 4090-9002 RELAY IAM 3 4090-9801 COVER-ADDRESS MODULE FLUSH Door Holders POC to exist TTL 38 Holders 3 4090-9002 RELAY IAM 3 4090-9801 COVER-ADDRESS MODULE FLUSH Elevator Control - VERIFY 10 4090-9002 RELAY IAM 10 4090-9801 COVER-ADDRESS MODULE FLUSH 2 MR-101/T RELAY 24V 120/230V SPDT 10A Notification Conventional Will use exist speakers qty 95 New Sync Visuals 121 4906-9101 STROBE MC RED Permits and Reviews Fire, Security, Communications, Sales & Service Offices & Representatives in Principal Cities throughout North America 106 of 793 Project: Combined City Evanston - FACP+ Customer Reference: Revised with all panels & Devices Johnson Controls Reference: 608782702 Date: 09/12/2018 Page 4 of 9 Johnson Controls Quotation QUANTITY MODEL NUMBER DESCRIPTION Devices Professional Services DevicesTechnical Services FACP Whse & shipping 4100ES FACP Labor Only 4100ES FACP Labor Only Labor to take down exist main and install new- Also relocate exist remote to Maint Shop Devices -Labor to install Devices -Labor to install Labor to change out all exist devices - 1 for 1 replacement Labor Rerun wire for Remote FA Labor Rerun wire for Remote FA Re-run wires only - Relocate wires to new location in Maint Total net selling price, FOB shipping point, $108,497.00 Comments Evanston Civic Center -COMBINED Quote - Upgrade and relocate existing Networked Fire Panels as well as upgrade all existing fire alarm devices1 for 1 replacement. We will use existing speakers but upgrade visuals to allow for synchronization. This proposal is based onsite visit and original drawings. This is a "Turn-key" proposal. Installation is included. SimplexGrinnell will do a complete "Turn Key" installation which means we will supply all the parts listed above in the proposal, and install those devices. After any wires needed are wires are run and all devices are installed by Simplex, SimplexGrinnell will do final programming and test and conduct the Final Inspection with the local AHJ (Authority Having Jurisdiction) if needed. This proposal includes the following items: Submittal Drawings, Material Submittals, Equipment, Material, and Shipping/Transport of equipment, Test and Inspection and Programming, Clarifications: Replace an existing 4100 Plus Simplex Addressable Fire Panel, Remote Command Center and Fire, Security, Communications, Sales & Service Offices & Representatives in Principal Cities throughout North America 107 of 793 Project: Combined City Evanston - FACP+ Customer Reference: Revised with all panels & Devices Johnson Controls Reference: 608782702 Date: 09/12/2018 Page 5 of 9 Johnson Controls Quotation Comments (continued) transponder already installed and operational. Replace 1 for 1 all existing initiating devices and visuals. We will use the existing wires and speakers. Assumes that the wiring is in good working order and free of all troubles and ground faults. Additional charges may occur if service work is required to bring that wire to good working order. Pricing does include installation of devices, and relocating the Remote station to the Maintenance Dept. down the hallway. This proposal does include electrical sub-contractor labor and material. This proposal does include minor/minimal conduit, raceways and/or sleeves. Existing and New notification will synchronize with the new visuals that we will install. Review of responsibility: Customer is responsible for applying for permits with submittal package supplied by Simplex. Customer is responsible to pay for any permit and review fees SimplexGrinnell is responsible for all conduit runs needs for installation. SimplexGrinnell will do complete submittal package to include drawings, battery calculation and voltage drops. SimplexGrinnell will test all INSTALLED devices to assure system integrity SimplexGrinnell will conduct Final Inspection with local AHJ (Authority Having Jurisdiction) SimplexGrinnell will do CAD Drawings based on availability of CAD File Submittal drawing work is based on availability of AutoCAD compatible drawings from the contractor/owner. Drawings shall depict device locations, column lines, door swings, and correct room labels. If CAD drawings are not available, SimplexGrinnell reserves the right to request additional compensation for floor plan drawing development. Testing, Certification, and Training services have also been included in this proposal and will be performed by a SimplexGrinnell technician. The contractor is encouraged to contact SimplexGrinnell prior to the onset of construction to arrange for a pre-construction meeting. This is an integral part of the technical support package provided by SimplexGrinnell. This proposal does not include submission of documents to the local AHJ or governing body for permit application/review. This proposal does not include zone maps. Should zone maps be required in accordance with local requirements an additional charge may occur. This proposal does include sales tax. Taxes will be added to any/all applicable invoices on this project. This proposal does not include permits. The cost of permits for the work described in this proposal shall be assumed by the owner or installer. This proposal does not include performance or payment bonds. If required, bonding can be obtained. This proposal does not include patch and paint work. Fire, Security, Communications, Sales & Service Offices & Representatives in Principal Cities throughout North America 108 of 793 Project: Combined City Evanston - FACP+ Customer Reference: Revised with all panels & Devices Johnson Controls Reference: 608782702 Date: 09/12/2018 Page 6 of 9 Johnson Controls Quotation Comments (continued) This proposal does not include 120 VAC work. All 120 VAC circuits for panels to be provided by contractor or owner. If replacement of panel, SimplexGrinnell will attempt to use the existing circuit if available This proposal does not include premium time. Overtime or holiday work required (as a result of project delays created by others) will be justification for a Change Order for additional work hours or shift premium. Installation assumed to occur Monday thru Friday between 7am and 3:30pm SimplexGrinnell requests a secure staging area on site to store equipment, tools, and materials. This proposal is valid for 90 days. This proposal does not include procurement or coordination of monitoring service for the fire alarm/security system however should local requirements allow UL Central Station monitoring, SimplexGrinnell can supply a quote for monitoring and maintenance if needed Pending final review by the local AHJ (Authority Having Jurisdiction). Any changes may affect the final cost, annual monitoring or maintenance charges. Any additional devices above what is listed within the quote would be a change order to this initial order. This proposal includes a one (1) year standard parts and labor warranty in accordance with SimplexGrinnell terms and conditions. Additional labor, material, specifications and requirements not specifically listed above maybe an additional cost. We understand that there may be specific facility construction procedures and requirements unique to this installation. We encourage you to bring those to our attention before accepting this proposal so that we may understand them and bring any deficiencies in this proposal to your immediate attention to ensure we provide you with a proposal that will address all of your needs. Please contact me with any questions at the number listed below. To place an order please send an executed copy of this quote (see signatory block on the last page) with a purchase order number. David Prajka Electronic Solutions Sales Representative NICET Certification No. 110484 SimplexGrinnell 708-945-6455 cell 630-948-1150 fax david.prajka@jci.com Fire, Security, Communications, Sales & Service Offices & Representatives in Principal Cities throughout North America 109 of 793 Project: Combined City Evanston - FACP+ Customer Reference: Revised with all panels & Devices Johnson Controls Reference: 608782702 Date: 09/12/2018 Page 7 of 9 TERMS AND CONDITIONS (Rev. 4/18) 1. Payment. Payments shall be invoiced and due in accordance with the terms and conditions set forth above. Work performed on a time and material basis shall be at Company’s then- prevailing rate for material, labor, and related items, in effect at the time supplied under this Agreement. Company shall invoice Customer for progress payments to one hundred (100%) percent based upon equipment delivered or stored, and services performed. Customers without established satisfactory credit shall make payments of cash in advance, upon delivery or as otherwise specified by Company. Where Customer establishes and maintains satisfactory credit, payments shall be due and payable thirty (30) days from date of invoice. Company reserves the right to revoke or modify Customer’s credit in its sole discretion. Customer’s failure to make payment when due is a material breach of this Agreement. If Customer fails to make any payment when due, in addition to any other rights and remedies available, Company shall have the right, at Company’s sole discretion, to stop performing any Services and/or withhold further deliveries of materials, until the account is current. In the event payment is not received when due, Company may, at its discretion, assess late fees at the rate of 1.5% per month or the maximum rate allowed by law. Customer agrees to pay all costs of collection, including without limitation costs, fees, and attorneys’ fees. Customer’s failure to make payment when due is a material breach of this Agreement until the account is current. 2. Pricing. The pricing set forth in this Agreement is based on the number of devices to be installed and services to be performed as set forth in the Scope of Work (“Equipment” and “Services”). If the actual number of devices installed or services to be performed is greater than that set forth in the Scope of Work, the price will be increased accordingly. If this Agreement extends beyond one year, Company may increase prices upon notice to the Customer. Customer agrees to pay all taxes, permits, and other charges, including but not limited to state and local sales and excise taxes, however designated, levied or based on the service charges pursuant to this Agreement. Prices in any quotation or proposal from Company are subject to change upon notice sent to Customer at any time before the quotation or proposal has been accepted. Prices for products covered may be adjusted by Company, upon notice to Customer at any time prior to shipment, to reflect any increase in Company’s cost of raw materials (e.g., steel, aluminum) incurred by Company after issuance of Company’s applicable proposal or quotation. 3. Alarm Monitoring Services. Any reference to alarm monitoring services in this Agreement is included for pricing purposes only. Alarm monitoring services are performed pursuant to the terms and conditions of Company’s standard alarm monitoring services agreement. 4. Code Compliance. Company does not undertake an obligation to inspect for compliance with laws or regulations unless specifically stated in the Scope of Work. Customer acknowledges that the Authority Having Jurisdiction (e.g. Fire Marshal) may establish additional requirements for compliance with local codes. Any additional services or equipment required will be provided at an additional cost to Customer. 5. Limitation of Liability; Limitations of Remedy. It is understood and agreed by the Customer that Company is not an insurer and that insurance coverage shall be obtained by the Customer and that amounts payable to company hereunder are based upon the value of the services and the scope of liability set forth in this Agreement and are unrelated to the value of the Customer’s property and the property of others located on the premises. Customer agrees to look exclusively to the Customer’s insurer to recover for injuries or damage in the event of any loss or injury and that Customer releases and waives all right of recovery against Company arising by way of subrogation. Company makes no guaranty or Warranty, including any implied warranty of merchantability or fitness for a particular purpose that equipment or services supplied by Company will detect or avert occurrences or the consequences therefrom that the equipment or service was designed to detect or avert. It is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from failure on the part of Company to perform any of its obligations under this Agreement. Accordingly, Customer agrees that, Company shall be exempt from liability for any loss, damage or injury arising directly or indirectly from occurrences, or the consequences therefrom, which the equipment or service was designed to detect or avert. Should Company be found liable for any loss, damage or injury arising from a failure of the equipment or service in any respect, Company’s liability shall be limited to an amount equal to the Agreement price (as increased by the price for any additional work) or where the time and material payment term is selected, Customer’s time and material payments to Company. Where this Agreement covers multiple sites, liability shall be limited to the amount of the payments allocable to the site where the incident occurred. Such sum shall be complete and exclusive. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGE, LOSS, INJURY, OR ANY OTHER CLAIM ARISING FROM ANY SERVICING, ALTERATIONS, MODIFICATIONS, CHANGES, OR MOVEMENTS OF THE COVERED SYSTEM(S) OR ANY OF ITS COMPONENT PARTS BY THE CUSTOMER OR ANY THIRD PARTY. COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM THE USE, LOSS OF THE USE, PERFORMANCE, OR FAILURE OF THE COVERED SYSTEM(S) TO PERFORM. The limitations of liability set forth in this Agreement shall inure to the benefit of all parents, subsidiaries and affiliates of company, whether direct or indirect, company’s employees, agents, officers and directors. 6. Reciprocal Waiver of Claims (SAFETY Act). Certain of Company’s systems and services have received Certification and/or Designation as Qualified Anti-Terrorism Technologies (“QATT”) under the Support Anti-terrorism by Fostering Effective Technologies Act of 2002, 6 U.S.C. §§ 441-444 (the “SAFETY Act”). As required under 6 C.F.R. 25.5 (e), to the maximum extent permitted by law, Company and Customer hereby agree to waive their right to make any claims against the other for any losses, including business interruption losses, sustained by either party or their respective employees, resulting from an activity resulting from an “Act of Terrorism” as defined in 6 C.F.R. 25.2, when QATT have been deployed in defense against, response to, or recovery from such Act of Terrorism. 7. General Provisions. Customer has selected the service level desired after considering and balancing various levels of protection afforded, and their related costs. All work to be performed by Company will be performed during normal working hours of normal working days (8:00 a.m. – 5:00 p.m., Monday through Friday, excluding Company holidays), as defined by Company, unless additional times are specifically described in this Agreement. Company will perform the services described in the Scope of Work section (“Services”) for one or more system(s) or equipment as described in the Scope of Work section or the listed attachments (“Covered System(s)”). The Customer shall promptly notify Company of any malfunction in the Covered System(s) which comes to Customer’s attention. This Agreement assumes the Covered System(s) are in operational and maintainable condition as of the Agreement date. If, upon initial inspection, Company determines that repairs are recommended, repair charges will be submitted for approval prior to any work. Should such repair work be declined Company shall be relieved from any and all liability arising therefrom. UNLESS OTHERWISE SPECIFIED IN THIS AGREEMENT, ANY INSPECTION (AND, IF SPECIFIED, TESTING) PROVIDED UNDER THIS AGREEMENT DOES NOT INCLUDE ANY MAINTENANCE, REPAIRS, ALTERATIONS, REPLACEMENT OF PARTS, OR ANY FIELD ADJUSTMENTS WHATSOEVER, NOR DOES IT INCLUDE THE CORRECTION OF ANY DEFICIENCIES IDENTIFIED BY COMPANY TO CUSTOMER. COMPANY SHALL NOT BE RESPONSIBLE FOR EQUIPMENT FAILURE OCCURRING WHILE COMPANY IS IN THE PROCESS OF FOLLOWING ITS INSPECTION TECHNIQUES, WHERE THE FAILURE ALSO RESULTS FROM THE AGE OR OBSOLESCENCE OF THE ITEM OR DUE TO NORMAL WEAR AND TEAR. THIS AGREEMENT DOES NOT COVER SYSTEMS, EQUIPMENT, COMPONENTS OR PARTS THAT ARE BELOW GRADE, BEHIND WALLS OR OTHER OBSTRUCTIONS OR EXTERIOR TO THE BUILDING, ELECTRICAL WIRING, AND PIPING. 8. Customer Responsibilities. Customer shall furnish all necessary facilities for performance of its work by Company, adequate space for storage and handling of materials, light, water, heat, heat tracing, electrical service, local telephone, watchman, and crane and elevator service and necessary permits. Where wet pipe system is installed, Customer shall supply and maintain sufficient heat to prevent freezing of the system. Customer shall promptly notify Company of any malfunction in the Covered System(s) which comes to Customer’s attention. This Agreement assumes any existing system(s) are in operational and maintainable condition as of the Agreement date. If, upon initial inspection, Company determines that repairs are recommended, repair charges will be submitted for approval prior to any work. Should such repair work be declined Company shall be relieved from any and all liability arising therefrom. Customer shall further: supply required schematics and drawings unless they are to be supplied by Company in accordance with this Agreement; Provide a safe work environment, in the event of an emergency or Covered System(s) failure, take reasonable safety precautions to protect against personal injury, death, and property damage, continue such measures until the Covered System(s) are operational, and notify Company as soon as possible under the circumstances. Provide Company access to any system(s) to be serviced, Comply with all laws, codes, and regulations pertaining to the equipment and/or services provided under this agreement. 9. Excavation. In the event the Work includes excavation, Customer shall pay, as an extra to the contract price, the cost of any additional work performed by Company dues to water, quicksand, rock or other unforeseen condition or obstruction encountered or shoring required. 10. Structure and Site Conditions. While employees of Company will exercise reasonable care in this respect, Company shall be under not responsibility for loss or damage due to the character, condition or use of foundations, walls, or other structures not erected by It or resulting from the excavation in proximity thereto, or for damage resulting from concealed piping, wiring, fixtures, or other equipment or condition of water pressure. All shoring or protection of foundation, walls or other structures subject to being disturbed by any excavation required hereunder shall be the responsibility of Customer. Customer shall have all things in readiness for installation including, without limitation, structure to support the sprinkler system and related equipment (including tanks), other materials, floor or suitable working base, connections and facilities for erection at the time the materials are delivered. In the event Customer fails Fire, Security, Communications, Sales & Service Offices & Representatives in Principal Cities throughout North America 110 of 793 Project: Combined City Evanston - FACP+ Customer Reference: Revised with all panels & Devices Johnson Controls Reference: 608782702 Date: 09/12/2018 Page 8 of 9 to have all things in readiness at the time scheduled for receipt of materials, Customer shall reimburse Company for all expenses caused by such failure. Failure to make areas available to Company during performance in accordance with schedules that are the basis for Company’s proposal shall be considered a failure to have things in readiness in accordance with the terms of this Agreement. 11. Confined Space. If access to confined space by Company is required for the performance of Services, Services shall be scheduled and performed in accordance with Company’s then- current hourly rate. 12. Hazardous Materials. Customer represents that, except to the extent that Company has been given written notice of the following hazards prior to the execution of this Agreement, to the best of Customer’s knowledge there is no: “permit confined space,” as defined by OSHA, risk of infectious disease, need for air monitoring, respiratory protection, or other medical risk, asbestos, asbestos-containing material, formaldehyde or other potentially toxic or otherwise hazardous material contained in or on the surface of the floors, walls, ceilings, insulation or other structural components of the area of any building where work is required to be performed under this Agreement. All of the above are hereinafter referred to as “Hazardous Conditions”. Company shall have the right to rely on the representations listed above. If hazardous conditions are encountered by Company during the course of Company’s work, the discovery of such materials shall constitute an event beyond Company’s control and Company shall have no obligation to further perform in the area where the hazardous conditions exist until the area has been made safe by Customer as certified in writing by an independent testing agency, and Customer shall pay disruption expenses and re-mobilization expenses as determined by Company. This Agreement does not provide for the cost of capture, containment or disposal of any hazardous waste materials, or hazardous materials, encountered in any of the Covered System(s) and/or during performance of the Services. Said materials shall at all times remain the responsibility and property of Customer. Company shall not be responsible for the testing, removal or disposal of such hazardous materials. 13. OSHA Compliance. Customer shall indemnify and hold Company harmless from and against any and all claims, demands and/or damages arising in whole or in part from the enforcement of the Occupational Safety Health Act (and any amendments or changes thereto) unless said claims, demands or damages are a direct result of causes within the exclusive control of Company. 14. Interferences. Customer shall be responsible to coordinate the work of other trades (including but not limited to ducting, piping, and electrical) and for and additional costs incurred by Company arising out of interferences to Company’s work caused by other trades. 15. Modifications and Substitutions. Company reserves the right to modify materials, including substituting materials of later design, providing that such modifications or substitutions will not materially affect the performance of the Covered System(s). 16. Changes, Alterations, Additions. Changes, alterations and additions to the Scope of Work, plans, specifications or construction schedule shall be invalid unless approved in writing by Company. Should changes be approved by Company, that increase or decrease the cost of the work to Company, the parties shall agree, in writing, to the change in price prior to performance of any work. However, if no agreement is reached prior to the time for performance of said work, and Company elects to perform said work so as to avoid delays, then Company’s estimate as to the value of said work shall be deemed accepted by Customer. In addition, Customer shall pay for all extra work requested by Customer or made necessary because of incompleteness or inaccuracy of plans or other information submitted by Customer with respect to the location, type of occupancy, or other details of the work to be performed. In the event the layout of Customer’s facilities has been altered, or is altered by Customer prior to the completion of the Work, Customer shall advise Company, and prices, delivery and completion dates shall be changed by Company as may be required. 17. Commodities Availability. Company shall not be responsible for failure to provide services, deliver products, or otherwise perform work required by this Agreement due to lack of available steel products or products made from plastics or other commodities. In the event Company is unable, after reasonable commercial efforts, to acquire and provide steel products, or products made from plastics or other commodities, if required to perform work required by this Agreement, Customer hereby agrees that Company may terminate the Agreement, or the relevant portion of the Agreement, at no additional cost and without penalty. Customer agrees to pay Company in full for all work performed up to the time of any such termination. 18. Project Claims. Any claim of failure to perform against Company arising hereunder shall be deemed waived unless received by Company, in writing specifically setting forth the basis for such claim, within ten (10) days after such claims arises. 19. Backcharges. No charges shall be levied against Company unless seventy-two (72) hours prior written notice is given to Company to correct any alleged deficiencies which are alleged to necessitate such charges and unless such alleged deficiencies are solely and directly caused by Company. 20. System Equipment. The purchase of equipment or peripheral devices (including but not limited to smoke detectors, passive infrared detectors, card readers, sprinkler system components, extinguishers and hoses) from Company shall be subject to the terms and conditions of this Agreement. If, in Company’s sole judgment, any peripheral device or other system equipment, which is attached to the Covered System(s), whether provided by Company or a third party, interferes with the proper operation of the Covered System(s), Customer shall remove or replace such device or equipment promptly upon notice from Company. Failure of Customer to remove or replace the device shall constitute a material breach of this Agreement. If Customer adds any third party device or equipment to the Covered System(s), Company shall not be responsible for any damage to or failure of the Covered System(s) caused in whole or in part by such device or equipment. 21. Reports. Where inspection and/or test services are selected, such inspection and/or test shall be completed on Company’s then current Report form, which shall be given to Customer, and, where applicable, Company may submit a copy thereof to the local authority having jurisdiction. The Report and recommendations by Company are only advisory in nature and are intended to assist Customer in reducing the risk of loss to property by indicating obvious defects or impairments noted to the system and equipment inspected and/or tested. They are not intended to imply that no other defects or hazards exist or that all aspects of the Covered System(s), equipment, and components are under control at the time of inspection. Final responsibility for the condition and operation of the Covered System(s) and equipment and components lies with Customer. 22. Limited Warranty. Subject to the limitations below, Company warrants any equipment (as distinguished from the Software) installed pursuant to this Agreement to be free from defects in material and workmanship under normal use for a period of one (1) year from the date of first beneficial us or all or any part of the Covered System(s) or 18 months after Equipment shipments, whichever is earlier, provided however, that Company’s soles liability, and Customer’s sole remedy, under this limited warranty shall be limited to the repair or replacement of the Equipment or any part thereof, which Company determines is defective, at Company’s sole option and subject to the availability of service personnel and parts, as determined by Company. Company warrants expendable items, including, but not limited to, video and print heads, television camera tubes, video monitor displays tubes, batteries and certain other products in accordance with the applicable manufacturer’s warranty. Company does not warrant devices designed to fail in protecting the System, such as, but not limited to, fuses and circuit breakers. Company warrants that any Company software described in this Agreement, as well as software contained in or sold as part of any Equipment described in this Agreement, will reasonably conform to its published specifications in effect at the time of delivery and for ninety (90) days after delivery. However, Customer agrees and acknowledges that the software may have inherent defects because of its complexity. Company’s sole obligation with respect to software, and Customer’s sole remedy, shall be to make available published modifications, designed to correct inherent defects, which become available during the warranty period. If Repair Services are included in this Agreement, Company warrants that its workmanship and material for repairs made pursuant to this Agreement will be free from defects for a period of ninety (90) days from the date of furnishing. EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES PERFORMED OR THE PRODUCTS, SYSTEMS OR EQUIPMENT, IF ANY, SUPPORTED HEREUNDER. Warranty service will be performed during Company’s normal working hours. If Customer requests warranty service at other than normal working hours, service will be performed at Company’s then current rates for after ours services. All repairs or adjustments that are or may become necessary shall be performed by and authorized representative of Company. Any repairs, adjustments or interconnections performed by Customer or any third party shall void all warranties. 23. Indemnity. Customer agrees to indemnify, hold harmless and defend Company against any and all losses, damages, costs, including expert fees and costs, and expenses including reasonable defense costs, arising from any and all third party claims for personal injury, death, property damage or economic loss, including specifically any damages resulting from the exposure of workers to Hazardous Conditions whether or not Customer pre-notifies Company of the existence of said hazardous conditions, arising in any way from any act or omission of Customer or Company relating in any way to this Agreement, including but not limited to the Services under this Agreement, whether such claims are based upon contract, warranty, tort (including but not limited to active or passive negligence), strict liability or otherwise. Company reserves the right to select counsel to represent it in any such action. 24. Insurance. Customer shall name Company, its officers, employees, agents, subcontractors, suppliers, and representatives as additional insureds on Customer’s general liability and auto liability policies. 25. Termination. Any termination under the terms of this Agreement shall be made in writing. In the event Customer terminates this Agreement prior to completion for any reason not arising solely from Company’s performance or failure to perform, Customer understands and agrees that Company will incur costs of administration and preparation that are difficult to estimate or determine. Accordingly, should Customer terminate this Agreement as described above, Customer agrees to pay all charges incurred for products and equipment installed and services performed, and in addition pay an amount equal to twenty (20%) percent of the price of products and equipment not yet delivered and Services not yet performed, return all products and equipment delivered and pay a restocking fee of twenty (20%) percent the price of products or equipment returned. Company may terminate this Agreement immediately at its sole discretion upon the occurrence of any Event of Default as hereinafter defined. Company may also terminate this Agreement at its sole discretion upon notice to Customer if Company’s performance of its obligations under this Agreement becomes impracticable due to obsolescence of equipment at Fire, Security, Communications, Sales & Service Offices & Representatives in Principal Cities throughout North America 111 of 793 Project: Combined City Evanston - FACP+ Customer Reference: Revised with all panels & Devices Johnson Controls Reference: 608782702 Date: 09/12/2018 Page 9 of 9 Customer’s premises or unavailability of parts. 26. Default. An Event of Default shall be 1) failure of the Customer to pay any amount within ten (10) days after the amount is due and payable, 2) abuse of the System or the Equipment, 3) dissolution, termination, discontinuance, insolvency or business failure of Customer. Upon the occurrence of an Event of Default, Company may pursue one or more of the following remedies, 1) discontinue furnishing Services, 2) by written notice to Customer declare the balance of unpaid amounts due and to become due under the this Agreement to be immediately due and payable, provided that all past due amounts shall bear interest at the rate of 1 ½% per month (18% per year) or the highest amount permitted by law, 3) receive immediate possession of any equipment for which Customer has not paid. 4) proceed at law or equity to enforce performance by Customer or recover damages for breach of this Agreement, and 5) recover all costs and expenses, including without limitation reasonable attorneys’ fees, in connection with enforcing or attempting to enforce this Agreement. 27. Exclusions. Unless expressly included in the Scope of Work, this Agreement expressly excludes, without limitation, testing inspection and repair of duct detectors, beam detectors, and UV/IR equipment; provision of fire watches; clearing of ice blockage; draining of improperly pitched piping; replacement of batteries; recharging of chemical suppression systems; reloading of, upgrading, and maintaining computer software; system upgrades and the replacement of obsolete systems, equipment, components or parts; making repairs or replacements necessitated by reason of negligence or misuse of components or equipment or changes to Customer’s premises, vandalism, corrosion (including but not limited to micro- bacterially induced corrosion (“MIC”)), power failure, current fluctuation, failure due to non-Company installation, lightning, electrical storm, or other severe weather, water, accident, fire, acts of God or any other cause external to the Covered System(s). Repair Services provided pursuant to this Agreement do not cover and specifically excludes system upgrades and the replacement of obsolete systems, equipment, components or parts. All such services may be provided by Company at Company’s sole discretion at an additional charge. If Emergency Services are expressly included in the scope of work section, the Agreement price does not include travel expenses. 28. No Option to Solicit. Customer shall not, directly or indirectly, on its own behalf or on behalf of any other person, business, corporation or entity, solicit or employ any Company employee, or induce any Company employee to leave his or her employment, for a period of two years after termination of this Agreement. 29. Force Majeure; Delays. Company shall not be liable for any damage or penalty for delays or failure to perform work due to acts of God, acts or omissions of Customer, acts of civil or military authorities, Government regulations or priorities, fires, epidemics, quarantine, restrictions, war, riots, civil disobedience or unrest, strikes, delays in transportation, vehicle shortages, differences with workmen, inability to obtain necessary labor, material or manufacturing facilities, defaults of Company’s subcontractors, failure or delay in furnishing compete information by Customer with respect to location or other details of work to be performed, impossibility or impracticability of performance or any other cause or causes beyond Company’s control, whether or not similar to the foregoing. In the event of any delay caused as aforesaid, completion shall be extended for a period equal to any such delay, and this contract shall not be void or voidable as a result of the delay. In the event work is temporarily discontinued by any of the foregoing, all unpaid installments of the contract price, les an amount equal to the value of material and labor not furnished, shall be due and payable upon receipt of invoice by Customer. 30. One-Year Limitation on Actions; Choice of Law. It is agreed that no suit, or cause of action or other proceeding shall be brought against either party more than one (1) year after the accrual of the cause of action or one (1) year after the claim arises, whichever is shorter, whether known or unknown when the claim arises or whether based on tort, contract, or any other legal theory. The laws of Massachusetts shall govern the validity, enforceability, and interpretation of this Agreement. 31. Assignment. Customer may not assign this Agreement without Company’s prior written consent. Company may assign this Agreement to an affiliate without obtaining Customer’s consent. 32. Entire Agreement. The parties intend this Agreement, together with any attachments or Riders (collectively the “Agreement) to be the final, complete and exclusive expression of their Agreement and the terms and conditions thereof. This Agreement supersedes all prior representations, understandings or agreements between the parties, written or oral, and shall constitute the sole terms and conditions of sale for all equipment and services. No waiver, change, or modification of any terms or conditions of this Agreement shall be binding on Company unless made in writing and signed by an Authorized Representative of Company. 33. Severability. If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or in part, this Agreement will continue to be valid as to the other provisions and the remainder of the affected provision. 34. Legal Fees. Company shall be entitled to recover from the customer all reasonable legal fees incurred in connection with Company enforcing the terms and conditions of this Agreement. 35. License Information (Security System Customers): AL Alabama Electronic Security Board of Licensure 7956 Vaughn Road, Pmb 392, Montgomery, Alabama 36116 (334) 264-9388: AR Regulated by: Arkansas Board of Private Investigators And Private Security Agencies, #1 State Police Plaza Drive, Little Rock 72209 (501)618-8600: CA Alarm company operators are licensed and regulated by the Bureau of Security and Investigative Services, Department of Consumer Affairs, Sacramento, CA, 95814. Upon completion of the installation of the alarm system, the alarm company shall thoroughly instruct the purchaser in the proper use of the alarm system. Failure by the licensee, without legal excuse, to substantially commence work within 20 days from the approximate date specified in the agreement when the work will begin is a violation of the Alarm Company Act: NY Licensed by N.Y.S. Department of the State: TX Texas Commission on Private Security, 5805 N. Lamar Blvd., Austin, 78752-4422, 512-424-7710.License numbers available at www.jci.com or contact your local Johnson Controls office. IMPORTANT NOTICE TO CUSTOMER In accepting this Proposal, Customer agrees to the terms and conditions contained herein including those on the following pages of this Agreement and any attachments or riders attached hereto that contain additional terms and conditions. It is understood that these terms and conditions shall prevail over any variation in terms and conditions on any purchase order or other document that the Customer may issue. Any changes in the system requested by the Customer after the execution of this Agreement shall be paid for by the Customer and such changes shall be authorized in writing. ATTENTION IS DIRECTED TO THE LIMITATION OF LIABILITY, WARRANTY, INDEMNITY AND OTHER CONDITIONS ON THE FOLLOWING PAGES. This proposal shall be void if not accepted in writing within thirty (30) days from the date of the Proposal. Offered By: Accepted By: (Customer) Johnson Controls Fire Protection LP License#: 91 N Mitchell Ct ADDISON, IL 60101-5608 Company: Telephone: (630) 948 1100 Address: Representative: Signature: Title: P.O.#:Date: Fire, Security, Communications, Sales & Service Offices & Representatives in Principal Cities throughout North America 112 of 793 For City Council Meeting of September 17, 2018 Item A8 Business of the City by Motion, Tag’s Cafe - Sidewalk Café For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee (A&PW) From: Johanna Leonard, Director of Community Development Gary Gerdes, Building & Inspection Services Division Manager Subject: Tag’s Cafe – Sidewalk Cafe Date: September 17, 2018 Recommended Action Staff recommends City Council approval of first-time application for a sidewalk café permit for Tag’s Cafe, a Type 2 restaurant located at 2012 Central Street. Livability Benefits Built Environment – Enhance Public Spaces Background The sidewalk café will consist of three tables with two seats each for a seating capacity of six. The café will operate daily from 6:30 a.m. - 4:00 p.m. Summary The Community Development Department, along with Health and Public Works, has reviewed the application and site layout and recommend approval of the sidewalk café permit. Attachments Sidewalk Café Application and Site Plan Memorandum 113 of 793 114 of 793 115 of 793 116 of 793 117 of 793 118 of 793 119 of 793 120 of 793 For City Council Meeting of September 17, 2018 Item A9 Business of the City by Motion: Sole Source Agreement for Cisco SmartNet Software Support For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Erika Storlie, Assistant City Manager/Administrative Services Director Luke Stowe, Chief Information Officer Dmitry Shub, IT Network Infrastructure & Security Manager Subject: Sole Source Agreement for Cisco SmartNet Software Support Date: September 12, 2018 Recommended Action: Staff recommends City Council authorize the sole source purchase of Cisco SmartNet networking licenses and software from CDW (120 S.Riverside, Chicago, IL 60606) in the amount of $47,509.25. This contract provides support for the City’s essential computer networking system and covers the period September 15, 2018 through September 15, 2019. The purchase is a 13% reduction from last year’s SmartNet renewal cost of $54,445.68. Funding Source: CDW is the current State Bid Contract provider for these services as of September 2018. Funding is provided by the IT Division, Computer Licensing and Support Fund (Account 100.19.1932.62340), which has a total budget of $500,000 and a YTD balance of $125,700.65 before this transaction. Livability Benefits: Innovation and Process: Support local government best practices and processes. Summary: The SmartNet renewals cover support on several of the City’s most critical IT network components including our core network switches, enterprise firewalls, intrusion detection system/intrusion prevention system, voice gateway routers, VoIP phone system, access control system, 311 contact center, and wireless controller. Support for this equipment ensures that the City has reliable access to network, software and applications used on a daily basis throughout the City. Attachments: CDW Quote Memorandum 121 of 793 9/12/2018 CDW | Quote Confirmation http://view.cdwemail.com/?qs=5ff4f153b94e5cd669203744021c809768c4dab4b2139cbb96ff1425ba5a5e51e4727beb3b82a2eed725bd813b28354508…1/2 QUOTE # QUOTE DATE QUOTEREFERENCE CUSTOMER #GRAND TOTAL KCCV039 9/12/2018 JZPX454 0577090 $47,509.25 SHIPPING DETAILS Shipping Address: CITY OF EVANSTON PURCHASING 2100 RIDGE AVE SUBTOTAL $47,509.25 SHIPPING $0.00 SALES TAX $0.00 GRAND TOTAL $47,509.25 IMPORTANT — PLEASE READ Special Instructions: TAX:MULTIPLE TAX JURISDICTIONS APPLY TAX: CONTACT CDW FOR TAX DETAILS QUOTE DETAILS ITEM QTY CDW# UNIT PRICE EXT. PRICE Cisco SMARTnet extended service agreement Mfg. Part#: CON-SNT-1-10K UNSPSC: 81111812 Electronic distribution - NO MEDIA TAX: EVANSTON, IL .0000% $.00 Contract: Standard Pricing 1 1504545 $6,075.05 $6,075.05 Cisco SMARTnet extended service agreement Mfg. Part#: CON-SNTP-1-25K UNSPSC: 81111812 Electronic distribution - NO MEDIA TAX: EVANSTON, IL .0000% $.00 Contract: Standard Pricing 1 1504564 $20,015.38 $20,015.38 Cisco SMARTnet Onsite - extended service agreement - on-site Mfg. Part#: CON-OSP-1-1K UNSPSC: 81111812 Electronic distribution - NO MEDIA TAX: EVANSTON, IL .0000% $.00 Contract: Standard Pricing 1 1504512 $195.16 $195.16 CISCO SMARTNET ESS SW SUPP UPGR Mfg. Part#: CON-ECMU-1-25K Electronic distribution - NO MEDIA TAX: EVANSTON, IL .0000% $.00 Contract: Standard Pricing 1 2576802 $21,223.66 $21,223.66 View in a browser DEAR LUKE STOWE, Thank you for considering CDW•G for your computing needs. The details of your quote are below. Click here to convert your quote to an order. 122 of 793 9/12/2018 CDW | Quote Confirmation http://view.cdwemail.com/?qs=5ff4f153b94e5cd669203744021c809768c4dab4b2139cbb96ff1425ba5a5e51e4727beb3b82a2eed725bd813b28354508…2/2 1ST FLOOR ROOM 1600 EVANSTON, IL 60201-2798 Phone: (847) 328-2100 Shipping Method: ELECTRONIC DISTRIBUTION Payment Terms: Net 30 Days-Govt State/Local Need Assistance? CDW•G SALES CONTACT INFORMATION Jacob George | (866) 682-3510 | jacogeo@cdwg.com Customer’s use of iCloud, the Products or either of their incumbent software or functionality is subject to compliance with all end user licenses agreements (“EULAs"), Product terms and conditions, and iCloud terms and conditions (available at https://www.apple.com/legal/internet- services/icloud/en/terms.html) and any other terms and conditions provided by Apple. Help and Information: Support | About Us | Privacy Policy | Terms and Conditions This email was sent to lstowe@cityofevanston.org. Please add cdwsales@cdwemail.com to your address book. © 2018 CDW LLC, 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 | 800.808.4239 SPS-QC:002 | SPS 1 | Customer#: 0577090 | SPS02bfa453-307a-4398-b624-2855110293a8 123 of 793 For City Council Meeting of September 17, 2018 Item A10 Business of the City by Motion: Online Training Vendor Contract For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Erika Storlie, Assistant City Manager/Director of Administrative Services Jennifer Lin, HR Division Manager Subject: Renewal of Learning Management Software Date: September 17, 2018 Recommended Action: Staff recommends City Council authorize the City Manager to enter into a two-year contract with Target Solutions (10805 Rancho Bernardo Road, Suite 200, San Diego, CA 92127-5703) for a Learning Management Software (LMS) system at an annual rate of $31,525. The contract term begins December 31, 2018 and the software provides required OSHA safety and other critical training for Police, Fire and non-sworn City employees. Funding Source: The Fire Department is already using Target Solutions and Staff was able to negotiate a lower renewal rate for the Fire Department. Access to the software will be complimentary from now until the contract term start date. Funding is available through: Funding Source Account Amounts Fire – Training & Travel 100.23.62295 $7,350.00 Police – Training & Travel 100.22.62295 $10,030.00 HR – City Wide Training 100.19.1929.62310 $7,045.00 Risk Management – Training (safety training) 605.99.7800.62295 $7,100.00 Total Annual Contract Amount $31,525.00 Livability Benefits: Education, Arts & Community – support vibrant, connected & diverse culture Health & Safety – support strong and safe communities Summary Currently the Fire Department uses Target Solutions while the rest of the City employees utilize JJKeller for online training software. JJ Keller was primarily used for safety training for the past three years and the contract expired at the end of July. Consolidating all training with Target Solutions provides the best option for the City’s needs. First, Target Solutions is focused on public safety so its content for fire and Memorandum 124 of 793 police is extremely robust. Over the years, Target Solutions’ experience with fire and police led the company to focus on the public sector, so its training options for public employees has grown immensely. There are over 1,000 online training courses that cover occupational safety, water & wastewater certification, OSHA compliance, diversity, sexual harassment, and employment liability. In addition, it includes courses in soft skills, including computer skills, communications, leadership and supervision, and project management. Most importantly, Target Solutions’ online platform allows the City to host documents and require acknowledgment. This is one facet of the system which the Evanston Fire Department currently utilizes and finds to be time-saving. For instance, when a new Standard Operating Guideline (SOG) or policy is issued, the Fire Department puts it onto Target Solutions and then alerts all employees to review it and acknowledge receipt. It serves as an online repository for all policies, training guides, manuals, and other required documentation. The Fire Department also uses Target Solutions for its wealth of firefighter training courses and houses all completion of such courses through the software system. It has experienced high satisfaction with Target Solutions. This results in a natural inclusion for the Police Department and the rest of City staff onto the Target Solutions platform. Training courses for law enforcement are equally robust as those for the fire service, and the Police Department can also house training records and all of its General Orders and policies on this system. In addition to the training platform, Target Solutions can be used as a type of Intranet for all City policies and procedures. Employees would be able to acknowledge policies electronically, which would eliminate paper in the employees’ personnel files and the need to go after missing acknowledgments. Target Solutions also has the ability to create separate landing pages for certain types of employees. This way, employees in different departments can see only what is pertinent to them. Background Information: Online training for employees has become the norm in many organizations. Over the last several years, online training options have increased exponentially due to market demand. Several benefits of online training include: accessibility, improved pedagogy, suitability, and cost. First, online training is accessible to all employees. Because it is on demand, employees can access online training when it is convenient for them and eliminates the need for a physical classroom. Second, online training enhances retention and engagement. Third, online training provides options to employees so that they can customize their learning experience. Finally, online training is cost-effective as it eliminates the need for trainers to be brought in for in-person training. This new approach to safety training has allowed the City to achieve federally-required compliance with OSHA and other safety standards. Attachments: Draft Contract 125 of 793 Schedule A 10805 RANCHO BERNARDO ROAD, SUITE 200 SAN DIEGO, CA 92127-5703 877-944-6372 - TOLL FREE 858-592-6880 - DIRECT / 858-487-8762 - FAX TargetSolutions Online Training Platform License Customized Website, Administration Tools, and Applications UNIT PRICE PER USER QUANTITY (# of Users)TOTAL 22.00$ 625 13,750.00$ Premier Membership Platform - start date 12/31/18* 2 year term 59.00$ 170 10,030.00$ Premier Membership Platform Fire Dept. renewal start date 12/31/18* 2 yr term 70.00$ 105 7,350.00$ Up to 4 separate sites and 1 Enterprise site included.-$ 5 -$ included 395.00$ 1 395.00$ Optional Products and/or services:-$ One Time Set Up Fee (waived: see Notes below)$1,500 1,500.00$ 0 $31,525.00 Email: david.farrar@targetsolutions.com Full TargetSolutions LMS and RMS platform capabilities/applications PLUS online course library of HR & Employment Practices, OSHA & Compliance, Driving Safety, Water/Wastewater, Law Enforcement, Project Management, Office Productivity, and Business Skills course bundles Premier Membership Platform - start date 12/31/18* 2 year term TS Sales Contact: David Farrar By signing the Client agreement, you are 1) agreeing to the pricing and terms presented in this proposal; 2) agreeing you have read and accept the Client Agreement and License terms and; 3) agreeing you have read the TargetSolutions Plaform System Requirements and Platform Solution Description documents listed in detail at the following url: Phone: 773-294-7215 DESCRIPTION DATE of SUBMISSION 8/13/2018 LICENSE TERMS:24 months billed annually Notes: Onetime $1500 set-up fee waived if proposal is signed by 12/31/18. 24 month term. Evanston Fire Department rate is lowered to $75/user/year from $89/user/year for their renewal. * start date of 12/31/18, however all Evanston sites can be used prior to 12/31/18 once proposal is signed with no additional costs/fees. TOTAL DUE YEAR ONE (INCLUDES 900 USERS, ANNUAL MAINTENANCE FEE $395 ) Annual Maintenance Fee billed annually each year Proposal To: Jennifer Lin HR Division Manager City of Evanston, Illinois 847-448-8240 jlin@cityofevanston.org 126 of 793 http://www.targetsolutions.com/clients/client-resources/ TargetSolutions, Inc. business proposal pricing is good for 30 days from Date of Submission listed above. 127 of 793 [SIGNATURE PAGE IMMEDIATELY FOLLOWS] Rev O Client Agreement This Client Agreement (the “Agreement”), effected as of the date noted in the attached Schedule A (the “Effective Date”), is by and between TargetSolutions Learning, LLC. (“TSL”), a Delaware limited liability company, and the undersigned client (“Client”), and governs the purchase and ongoing use of the services described in this Agreement (the “Services”). 1. Services. TSL shall provide the following services: 1.1. Access. TSL will provide Client a non- exclusive, non-transferable, revocable, limited license to remotely access and use the Services hereunder and, unless prohibited by law, will provide access to any person designated by Client (“Users”). 1.2. Availability. TSL shall use commercially reasonable efforts to display its content and coursework for access and use by Client’s Users twenty-four (24) hours a day, seven (7) days a week, subject to scheduled downtime for routine maintenance, emergency maintenance, system outages and other outages beyond TSL’s control. 1.3. Help Desk. TSL will assist Users as needed on issues relating to usage via e-mail, and a toll free Help Desk five (5) days per week at scheduled hours. 2. Client’s Obligations. 2.1. Compliance. Client shall be responsible for Users’ compliance with this Agreement, and use commercially reasonable efforts to prevent unauthorized access to or use of the Services. 2.2. Identify Users. Client shall (i) provide a listing of its designated/enrolled Users; (ii) cause each of its Users to complete a profile; (iii) maintain user database by adding and removing Users as appropriate. 2.3. Future Functionality. Client agrees that its purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any public comments regarding future functionality or features. 3. Fees and Payments. 3.1. Fees. Client will pay for the Services in accordance with the fee schedule in Schedule A attached to this Agreement. Fees listed in Schedule A shall be increased by 3% per year both during the term of this Agreement, as well as for any renewal terms. 3.2. Payments. All fees due under this Agreement must be paid in United States dollars. Such charges will be made in advance, according to the frequency stated in Schedule A. TSL will invoice in advance, and such invoices are due net 30 days from the date of City Council approval and paid in accordance with the Illinois Local Government Prompt Payment Act, 50 ILCS 505/4. All fees collected under this Agreement are fully earned when due and nonrefundable when paid. 3.3. Suspension of Service for Overdue Payments. Any fees unpaid for more than ten (10) days past the due date shall bear interest at 1.0% per month, in accordance with the Illinois Local Government Prompt Payment Act. With fifteen (15) days prior written notice, TSL shall have the right, in addition to all other rights and remedies to which TSL may be entitled, to suspend Client’s Users’ access to the Services until all overdue payments are paid in full. 4. Intellectual Property Rights. 4.1. Client acknowledges that TSL alone (and its licensors, where applicable) shall own all rights, title and interest in and to TSL’s software, website or technology, the course content, and the Services provided by TSL, as well as any and all suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Client, and this Agreement does not convey to Client any rights of ownership to the same. The TSL name and logo are trademarks of TSL, and no right or license is granted to Client to use them. 4.2. Except as otherwise agreed in writing or to the extent necessary for Client to use the Services in accordance with this Agreement, Client shall not: (i) copy the course content in whole or in part; (ii) display, reproduce, create derivative works from, transmit, sell, distribute, rent, lease, sublicense, transfer or in any way exploit the course content in whole or in part; (iii) embed the course content into other products; (iv) use any trademarks, service marks, domain names, logos, or other identifiers of TSL or any of its third party suppliers; or (v) reverse engineer, decompile, disassemble, or access the source code of any TSL software. 4.3. If Client chooses to participate by uploading its information to the Community Resources website, Client hereby authorizes TSL to share any intellectual property owned by Client (“User Generated Content”) that its Users upload to the Community Resources section of TSL’s website with TSL’s 3rd party customers and users that are unrelated to Client (“Other TSL Customers”), provided that TSL must provide notice to Client’s users during the upload process that such User Generated Content will be shared with such Other TSL Customers. TSL will provide notice to Client's Users during the upload process that such User Generated Content will be shared with such Other TSL Customers 5. Term. The term of this Agreement shall commence on the Effective Date, and will remain in full force and effect for the term indicated in Schedule A (“Term”). Upon expiration of the Initial Term, this agreement shall renew upon written consent of the parties for a successive one (1) year periods (each, a “Renewal Term”). At least sixty (60) days prior to the scheduled termination date of the Initial Term or a Renewal Term, the Parties will review the Contract and decide if they seek to sign a renewal of the Agreement and consent to an additional 1 year term Upon expiration of the Initial or any Renewal Term, access to the Services may remain active for thirty (30) days solely for purpose of Company’s record keeping (the “Expiration Period”). Any access to or usage of the Services following the Expiration Period shall be deemed Client’s renewal of the Agreement under the same terms and conditions. 6. Mutual Warranties and Disclaimer. 6.1. Mutual Representations & Warranties. Each party represents and warrants that it has full authority to enter into this Agreement and to fully perform its obligations hereunder. 6.2. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 7. Miscellaneous. 7.1. Limitation on Liability. Except as it relates to claims related to Section 4 or Section 7.2 of this Agreement, (a) in no event shall either party be liable to the other, whether in contract, warranty, tort (including negligence) or otherwise, for special, incidental, indirect or consequential damages (including lost profits) arising out of or in connection with this Agreement; and (b) the total liability of either party for any and all damages, including, without limitation, direct damages, shall not exceed the amount of the total fees due to, or already paid to, TSL for the preceding twelve (12) months. 7.2. Indemnification. TSL shall indemnify and hold Client harmless from any and all claims, damages, losses and expenses, including but not limited to reasonable attorney fees, arising out of or resulting from any third party claim that the Services or any component thereof infringes or violates any intellectual property right of any person. 7.3. Assignment. Neither party may assign or delegate its rights or obligations pursuant to this Agreement without the prior written consent of the other, provided that such consent shall not be unreasonably withheld. Notwithstanding the foregoing, TSL may freely assign or transfer any or all of its rights without Client consent to an affiliate, or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. 7.4 Force Majeure. TSL shall have no liability for any failure or delay in performing any of its obligations pursuant to this Agreement due to, or arising out of, any act not within its control, including, without limitation, acts of God, strikes, lockouts, war, riots, lightning, fire, storm, flood, explosion, interruption or delay in power supply, computer virus, governmental laws or regulations. 7.5. No Waiver. No waiver, amendment or modification of this Agreement shall be effective unless in writing and signed by the parties. 7.6. Severability. If any provision of this Agreement is found to be contrary to law by a court of competent jurisdiction, such provision shall be of no force or effect; but the remainder 128 of 793 Page 3 of this Agreement shall continue in full force and effect. 7.7. Entire Agreement. This Agreement and its exhibits represent the entire understanding and agreement between TSL and Client, and supersedes all other negotiations, proposals, understandings and representations (written or oral) made by and between TSL and Client. 7.8 Applicable Law and 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 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. Venue for any action out of or due to this Agreement shall be in Cook County, Illinois. IN WITNESS WHEREOF, the parties have executed this Agreement as of the last date set forth below. TargetSolutions Learning, LLC Client Name: City of Evanston Address: 2100 Ridge Ave, Evanston IL. 60201 By: By: Printed Name: Printed Name: Title: Title: Date: Date: 129 of 793 3 Rev P Schedule A (Attached) 130 of 793 For City Council meeting of September 17, 2018 Item A11 Business of the City by Motion, Purchase of 3 Divvy Stations For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Johanna Leonard, Community Development Director Jessica Hyink, Transportation & Mobility Coordinator Subject: Purchase of Three Divvy Stations Date: September 13, 2018 Recommended Action: The Transportation & Parking Committee and staff recommend approval for the purchase of three (3) Divvy stations from Motivate International Inc. in the amount of $33,991.96. This purchase is proposed to be made utilizing funds that are within the approved budget for Divvy operating expenses for FY2018. Funding Source: Funding will be from the Parking Fund- Divvy Operating Expenses (Account 505.19.7005.62603), which has a FY2018 budget of $304,000 and a YTD balance of $194,390.94. Staff anticipates that the FY2018 Divvy expenses will be $125,000.00. Livability Benefits: Built Environment: Promote diverse transportation modes Climate & Energy: Reduce greenhouse gas emissions Equity & Empowerment: Ensure equitable access to community assets Health & Safety: Promote healthy, active lifestyles Summary: The City of Evanston bike share program, Divvy Bikes, continues to have increased ridership. However, the installation of additional stations is critical to maintain growth of the system and improve access to residents on the west side of Evanston. This year the City of Evanston has an opportunity to buy three fifteen dock stations with ten bicycles at a total cost of $33,991.95 for all three stations, due to Oak Park ending their participation in the Divvy program. One standard fifteen dock station with ten Divvy bicycles typically costs a minimum of $55,000.00. Evanston has until October 1, 2018, to purchase these stations, otherwise Chicago will purchase them. To further incentivize Memorandum 131 of 793 this addition to the Evanston bike share program, Motivate, the operator of Divvy Bikes, has waived all installation fees for these three stations (total cost would be $13,770). If approved, the stations could be installed within two to four weeks of City Council approval. With the addition of these new stations, the projected operating expenses would still be under budget by as much as $80,000.00, thus the Divvy Bikes program will remain under budget for the year. Background: In January 2018, the Village of Oak Park (Village) voted to end its Divvy Bikes program. The Village has remained without a bike share system since voting to end the program. After the Village received approval to sell their grant funded Divvy stations from the Federal Highway Administration, these stations became available for purchase at a significantly reduced cost of $11,330.65 for a 15 dock station with 10 bikes. There are three such stations available for the City to purchase at a total cost of $33,991.95. The cost of one new station is approximately $55,000.00. The City has until October 1, 2018 to commit to purchasing these stations. If the City declines to purchase the stations, the City of Chicago will purchase these stations as well as the remaining 10 Oak Park stations. The current locations of the Divvy Bikes stations have focused on business districts and train stations, leaving considerable gaps in coverage in residential areas on the west side of Evanston. According to “Attachment 1 - Existing Divvy Stations Walk Analysis,” most Divvy stations on the east side of Evanston are within a quarter mile or half mile walking distance, while several areas on the west side are without any station within walking distance. Adding stations at the Levy Senior Center, the Lorraine H. Morton Civic Center, and at the dedicated bike lane in the 6th Ward, as displayed in “Attachment 2 - Proposed Divvy Stations Walk Analysis,” would significantly improve access to Evanston residents on the west side. Equity: On August 23, 2018, the City launched the Divvy for Every Evanstonian program to provide $5.00 Divvy memberships to income qualifying residents. Evanston residents ages 16 and older with an annual household income at or below 185 percent of the Federal Poverty Guidelines or who receive SNAP, WIC, LIHEAP or public housing benefits now qualify for the discounted annual memberships. All annual memberships include unlimited rides of 45 minutes or less anywhere within Divvy's network. The Divvy network includes stations at grocery stores and other shopping destinations, train stations, business districts, Evanston Township High School, and Northwestern University. With the launch of the Divvy for Every Evanstonian program, these stations are critical to ensure greater access to participants in the program. Legislative History: Resolution 87-R-14 Accepting Participation in the Divvy Bike Share Expansion and Authorizing the City Manager to Negotiate an Intergovernmental Agreement with City of Chicago to Implement the Program Staff recommends City Council adoption of a cost 132 of 793 match in the amount of $80,000 to match funding provided by the State of Illinois Department of Transportation is budgeted for FY 2015 in the Parking Fund Account BU: 505.19.7005.62603. Resolution 5-R-16 – Authorizing the City Manager to Negotiate and Execute an Intergovernmental Agreement with the City of Chicago for the operation of Divvy Bike Stations in Evanston. On August 29, 2018, the Transportation and Parking Committee voted to recommend the City Council approve the purchase of three (3) Divvy stations from Motivate International Inc. at a total purchase and installation cost of $33,991.96. ------------------------------------------------------------------------------------- Attachments: Letter of Equipment Purchase Existing Divvy Stations Walk Analysis Proposed Divvy Stations Walk Analysis 133 of 793 Motivate International Inc. 220 36th Street, Suite 3A (Unit 93) Brooklyn, New York 11232 City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201-2798 Re: Supply of certain used equipment Dear Mr. Bobkiewicz: The purpose of this letter (this “Letter”) is to confirm our agreement regarding the sale and purchase of the Equipment identified on Schedule A to this Letter (the “Scheduled Equipment”) pursuant to that Operator Agreement between the City of Evanston (the “City”) and Motivate International Inc. (“Motivate”) for Bicycle Sharing System, as renewed from time to time (the “Agreement”). Capitalized terms used but not defined herein shall have the meanings assigned to them in the Agreement. Pursuant to Section 3.1 of the Agreement, Motivate agrees to sell and the City agrees to purchase the Scheduled Equipment for the price of $33,991.96. The City acknowledges and agrees that the Schedule Equipment is used and not new, was previously purchased and used by the Village of Oak Park (“Oak Park”) and the five-year warranty period with respect to the Scheduled Equipment shall have commenced on the date of the original purchase by Oak Park. Motivate agrees to waive the Installation Fees payable under the Agreement with respect to the Scheduled Equipment. For the avoidance of doubt, the City and Motivate agree that, upon installation, the Scheduled Equipment will be included in the calculation of the Operator Fees. If the above accurately sets forth our mutual understanding, please sign in the space provided below and return a copy of this Letter to us. [Signature page follows] 134 of 793 Sincerely, MOTIVATE INTERNATIONAL INC. By: ______________________________ Name: Title: Acknowledged to and Agreed by: CITY OF EVANSTON By: ______________________________ Name: Wally Bobkiewicz Title: City Manager 135 of 793 Schedule A List of purchased equipment and related value Item Display Name Description Quantity Units Rate Currency Total MTV-AA00- 6537-R BACKLIT AD PANEL/MAP FRAME ASSEMBLY (Refurb) BACKLIT AD PANEL/MAP FRAME ASSEMBLY (Refurb) 3 Each $389.42 US Dollars $1,168.26 MTV-TA00- 6529-R PBSC KIOSK ASSEMBLY V 3.0 PBSC Kiosk Assembly - Refurbished 3 Each $410.30 US Dollars $1,230.90 MTV-TS23- 0989-R Solar panel refurbished Solar Panel - Refurbished 3 Each $245.16 US Dollars $735.48 MTV-AC03- 3004-R Refurbished Solar poles Solar Poles - Refurbished 3 Each $140.16 US Dollars $420.48 MTV-SC21- 0950-R REFURBISHED ITEM TECHNICAL PLATFORM REFURBISHED ITEM TECHNICAL PLATFORM (STANDARD 1/2 INCH) 12 Each $258.78 US Dollars $3,105.36 MTV-DA00- 6530-R PBSC BIKE DOCK ASSEMBLY - (Refurb) PBSC BIKE DOCK ASSEMBLY - (Refurb) 45 Each $206.36 US Dollars $9,286.20 MTV-BA00-7484 PBSC Bike - Refurbished PBSC Refurbished Bike 30 Each $601.51 US Dollars $18,045.30 136 of 793 McCORMICK BLVDS H 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 ROSLYN 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 ST E 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!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!Æb Æb Æb Æb Æb Æb Æb Æb Æb Æb Æb # # # # # # # # # # # # ## # # # # # # # # " " " " " "" " ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· åå å å å å å å å å å å åå å å ²· !(D !(D !(D !(D !(D !(D !(D !(D !(D !(D !(D !(D !(D !(D !(D !(D 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 170035002600170018009001900900210023002100400380037000 0.5 10.25 Mile1:31,680 1 inch = 0.5 mile Existing Divvy Stations Walk Analysis 8/23/2018 This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. ExistingDivvyStationsWalkAnalysisMap.mxd ´ !(D Existing Evanston Divvy Station !(D Chicago Divvy Station Walking Distance to Divvy Station Under 1/4 mile 1/4 to 1/2 mile Points of Interest #Community Venue ²·Grocery/Retail Store "Major Employer å School District 65 Water Park Bike Routes !!!!Bike Lane Bike Route Off-Street Bike Path Public Transit Purple Line Yellow Line Æb CTA Station Metra Train Æb Metra Station Bus Route 137 of 793 McCORMICK BLVDS H 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 ROSLYN 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 ST E 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!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!Æb Æb Æb Æb Æb Æb Æb Æb Æb Æb Æb # # # # # # # # # # # # ## # # # # # # # # " " " " " "" " ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· ²· åå å å å å å å å å å å åå å å ²· !(D !(D !(D !(D !(D !(D !(D !(D !(D !(D !(D !(D !(D !(D !(D !(D !(D !(D !(DNORTH 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 170035002600170018009001900900210023002100400380037000 0.5 10.25 Mile1:31,680 1 inch = 0.5 mile Proposed Divvy Stations Walk Analysis 8/23/2018 This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. ProposedDivvyStationsWalkAnalysisMap.mxd ´ !(D Proposed Divvy Station !(D Existing Evanston Divvy Station !(D Chicago Divvy Station Walking Distance to Divvy Station Under 1/4 mile 1/4 to 1/2 mile Points of Interest #Community Venue ²·Grocery/Retail Store "Major Employer å School District 65 Water ParkBike Routes !!!!Bike Lane Bike Route Off-Street Bike PathPublic Transit Purple Line Yellow Line Æb CTA Station Metra Train Æb Metra Station Bus Route 138 of 793 For City Council meeting of September 17, 2018 Item A12 Business of the City by Motion, Divvy Contract Extension For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Johanna Leonard, Community Development Director Jessica Hyink, Transportation & Mobility Coordinator Subject: Extension of Divvy Contract for 36 Months Date: September 13, 2018 Recommended Action: The Transportation & Parking Committee and staff recommend the City Council authorize the City Manager to negotiate and execute a 36 month extension with Motivate International Inc. (“Motivate”) to continue to operate the Divvy bicycle sharing system in Evanston. This is a second partial extension of one of two 5 year extensions contemplated in the Operator Agreement between the City and Motivate (attached to this memorandum). Funding Source: Funding will be from the Parking Fund- Divvy Operating Expenses (Account 505.19.7005.62603). Staff anticipates the FY2019 budgeted amount for Divvy expenses will be cost neutral. Livability Benefits: Built Environment: Promote diverse transportation modes Climate & Energy: Reduce greenhouse gas emissions Equity & Empowerment: Ensure equitable access to community assets Health & Safety: Promote healthy, active lifestyles Summary: The existing operator agreement with Motivate for Divvy Bikes expires on January 22, 2019. A three year extension will provide additional time for the City and its Divvy Bikes operator to build Evanston-based ridership, expand the Divvy for Every Evanstonian subsidy program, study current station locations to enhance visibility and utilization, and expand sponsorship and advertising opportunities. Memorandum 139 of 793 Evanston currently has 11 Divvy stations distributed throughout Evanston with the opportunity to purchase three more stations at a significantly reduced cost. The locations are designed to serve as part of the larger network of Divvy and are located near large employers and points of interest (Evanston Township High School and Northwestern University) and CTA and Metra stations. The City receives monthly data from Motivate on ridership, trip generation, and other pertinent data. Since its launch in late June 2016, membership and trip generation continues to grow. Number of trips per year increased by 16% compared to the previous year. Annual Memberships are up 10% year over year from June ‘17 to June ‘18. Continuation of the agreement with Motivate will provide additional opportunities in the future. Motivate is currently piloting hybrid dockless bicycles in Minneapolis, MN and San Jose, CA. A rigorous testing process is conducted by Motivate to ensure the best dockless bicycles will be brought to the market, including the potential expansion into the Divvy Bikes program. Additionally, Lyft is partnering with Motivate to further expand its business to include bicycle share in its app. This partnership will likely allow the Divvy Bikes program to reach an additional market through the Lyft ridesharing app. Costs and Revenue: In 2019, the City has an opportunity to partner with the City of Chicago on a new bicycle sponsorship agreement, with the City receiving a pro rata share based on the number of bicycles in the Evanston Divvy system. The City may also take advantage of partnering with the City of Chicago on other types of sponsorship, including assistance with obtaining station and dock wrap sponsorship. While the City currently has an agreement for sponsorship on stations, there is no agreement for dock wrap sponsorship. Partnering with the City of Chicago may increase revenue for station sponsorship and will allow the City to obtain dock wrap sponsorship. Revenue estimates for 11 station sponsorship in fiscal year 2019 are in Table 2, while revenue estimates for 14 station sponsorship in fiscal year 2019 are in Table 3. The low estimate in both Table 2 and Table 3 are based on 2018 revenue sources, with the exception of bicycle sponsorship and dock wrap sponsorship. The low estimate for the bicycle sponsorship is based on the current City of Chicago agreement. The rational for the high estimate is provided in further detail in each table. Table 2: Revenue Estimates for 11 Station System 140 of 793 Table 3: Revenue Estimates for 14 Station System Table 4 outlines projected revenue and costs of an 11 station system and 14 station system for fiscal year 2019. The low revenue estimate less costs is likely artificially low due to the City of Chicago’s low bicycle sponsorship agreement. Assuming the City of Chicago obtains a new sponsorship agreement closer to the national average, then the City can likely anticipate a cost neutral Divvy Bikes program in 2019 with either an 11 or 14 station system. Table 4: Projected 2019 Divvy Costs and Revenue # of Station s Cost Low Revenue Estimate High Revenue Estimate Low Revenue Estimate Less Cost High Revenue Estimate Less Cost 11 $255,420 $265,750 $346,588 $10,330 $91,168 14 $325,080 $317,900 $419,220 ($7,180) $94,140 Background: Divvy Bike Share was launched in late June 2016. The bike share system was made possible through a grant from the Illinois Department of Transportation that was provided in 2015. The City matched this grant with $80,000 in 2015 as part of a larger growth of the Divvy bike network in Chicago and Oak Park. Sponsorships and station advertisement from Northwestern University, NorthShore University HealthSystem, Valli Produce, and Presence Saint Francis have helped in the initial set-up of the stations. Equity: On August 23, 2018, the City launched the Divvy for Every Evanstonian program to provide $5.00 Divvy memberships to income qualifying residents. Evanston residents ages 16 and older with an annual household income at or below 185 percent of the Federal Poverty Guidelines or who receive SNAP, WIC, LIHEAP or public housing benefits now qualify for the discounted annual memberships. All annual memberships include unlimited rides of 45 minutes or less anywhere within Divvy's network. The Divvy network includes stations at grocery stores and other shopping destinations, train stations, business districts, Evanston Township High School, and Northwestern University. Legislative History: Resolution 87-R-14 Accepting Participation in the Divvy Bike Share Expansion and Authorizing the City Manager to Negotiate an Intergovernmental Agreement with City of Chicago to Implement the Program Staff recommends City Council adoption of a cost match in the amount of $80,000 to match funding provided by the State of Illinois 141 of 793 Department of Transportation is budgeted for FY 2015 in the Parking Fund Account BU: 505.19.7005.62603. Resolution 5-R-16 – Authorizing the City Manager to Negotiate and Execute an Intergovernmental Agreement with the City of Chicago for the operation of Divvy Bike Stations in Evanston. On August 29, 2018, the Transportation and Parking Committee voted to recommend the City Council enter into a three year contract extension with the program operator of Divvy Bikes. ------------------------------------------------------------------------------------- Attachments: Letter of Extension Operator Agreement between the City and Motivate 142 of 793 September 18, 2018 Mr. Jay Walder CEO Motivate International Inc. 220 36th Street, Suite 3A (Unit 93) Brooklyn, New York, 11232 Dear Mr. Walder: This is to confirm that in accordance with Article 4.3 (“Agreement Extension Option”) of the Operator Agreement between the City of Evanston (“the City”) and Motivate International Inc. (“Motivate”) for a Bicycle Sharing System (the “Agreement”), the City has elected to exercise a second partial extension of the first of its two extension options to renew. The City Council authorized a thirty-six month extension of the term of the Agreement for the approaching option period at its meeting on September 17, 2018. This second partial extension would be for a period to begin on January 24, 2019 and extend until January 23, 2022. During this period, the City and Motivate will work to continue to build local ridership and make any adjustments to station location to better support ridership and use of the system. Prior to the expiration of the thirty-six month period, the City and Motivate will determine further extensions of the Agreement. In order to confirm acceptance and agreement of this partial extension, please sign and date below. We look forward to working with you and your team at Motivate to provide healthy, active transportation options to Evanstonians. Sincerely, Wally Bobkiewicz City Manager City of Evanston Agreement and Acknowledgement by Motivate International Inc.: Name of Authorized Individual:____________________________________ Signature:____________________________________________________ City Manager’s Office 2100 Ridge Avenue Evanston, Illinois 60201 T 847.866.2936 TTY 847.448.8064 www.cityofevanston.org 143 of 793 1 OPERATOR AGREEMENT BETWEEN THE CITY OF EVANSTON AND MOTIVATE INTERNATIONAL INC. FOR A BICYCLE SHARING SYSTEM 144 of 793 Execution Version 2 TABLE OF CONTENTS AGREEMENT .................................................................................................................................... 5 BACKGROUND INFORMATION ....................................................................................................... 5 ARTICLE 1. INCORPORATION OF BACKGROUND INFORMATION ......................................... 5 ARTICLE 2. DEFINITIONS ............................................................................................................ 5 2.1 Definitions ................................................................................................................ 5 2.2 Interpretation ............................................................................................................ 7 2.3 Incorporation of Exhibits .......................................................................................... 8 2.4 Order of Precedence ............................................................................................... 8 ARTICLE 3. DUTIES AND RESPONSIBILITIES OF OPERATOR ................................................ 8 3.1. Scope of Work ......................................................................................................... 8 3.2. Advertisement and Sponsorship .............................................................................. 9 3.3. Compliance with Federal Grant Requirements ........................................................ 9 3.4. Ownership of Equipment and Computer Hardware ................................................. 9 3.5. Software Licenses ................................................................................................. 10 3.6. Deliverables ........................................................................................................... 11 3.7. Standard of Performance ....................................................................................... 11 3.8. Standard of Performance Project Management and Personnel ............................ 11 3.9. Insurance ............................................................................................................... 12 3.10. Indemnification ....................................................................................................... 12 3.11. Ownership of Documents and Data ....................................................................... 13 3.12. Copyright Ownership ............................................................................................. 14 3.13. Records ................................................................................................................. 14 3.14. Confidentiality of City Data .................................................................................... 14 3.15. Assignments and Subcontracts ............................................................................. 15 3.16. Collateral Assignment ............................................................................................ 16 3.17. Prevailing Wage Provisions ................................................................................... 16 ARTICLE 4. DURATION OF AGREEMENT ................................................................................ 16 4.1. Term of Performance ............................................................................................. 16 4.2. Timeliness of Performance .................................................................................... 16 4.3. Agreement Extension Option ................................................................................. 16 ARTICLE 5. COMPENSATION ................................................................................................... 17 5.1. Fees and Invoices .................................................................................................. 17 5.2. Taxes ..................................................................................................................... 17 5.3. Funding .................................................................................................................. 17 5.4. Non-Appropriation .................................................................................................. 17 ARTICLE 6. DISPUTES ............................................................................................................... 17 ARTICLE 7. COMPLIANCE WITH ALL LAWS ............................................................................ 18 7.1. Compliance with All Laws Generally ...................................................................... 18 7.2. Nondiscrimination .................................................................................................. 18 7.3. Deemed Inclusion .................................................................................................. 19 ARTICLE 8. SPECIAL CONDITIONS ........................................................................................ 19 8.1. Warranties and Representations ........................................................................... 19 8.2. Ethics ..................................................................................................................... 20 8.3. Joint and Several Liability ...................................................................................... 20 8.4. Business Documents ............................................................................................. 20 8.5. Conflicts of Interest ................................................................................................ 20 8.6. Non-Liability of Public Officials .............................................................................. 21 8.7. Certification Regarding Suspension and Debarment ............................................. 21 ARTICLE 9. EVENTS OF DEFAULT, REMEDIES, TERMINATION, SUSPENSION AND RIGHT TO OFFSET ........................................................................................................................ 21 9.1. Events of Default Defined ...................................................................................... 21 145 of 793 Execution Version 3 9.2. Remedies ............................................................................................................... 22 9.3. Suspension ............................................................................................................ 23 9.4. Right to Offset ........................................................................................................ 23 ARTICLE 10. GENERAL CONDITIONS ......................................................................................... 24 10.1. Entire Agreement ................................................................................................... 24 10.2. Counterparts .......................................................................................................... 25 10.3. Changes, Modifications, and Amendments ........................................................... 25 10.4. Governing Law and Jurisdiction ............................................................................. 25 10.5. Severability ............................................................................................................ 25 10.6. Assigns .................................................................................................................. 25 10.7. Cooperation ........................................................................................................... 25 10.8. Waiver .................................................................................................................... 26 10.9. Independent Contractor ......................................................................................... 26 10.10. Electronic Ordering and Invoices ........................................................................... 26 10.11. Participation by Other Local Government Agencies .............................................. 27 ARTICLE 11. NOTICES ................................................................................................................. 27 ARTICLE 12. AUTHORITY ............................................................................................................. 27 CONTRACT SIGNATURE PAGE .................................................................................................... 29 146 of 793 Execution Version 4 List of Exhibits EXHIBIT 1 SCOPE OF SERVICES and associated Schedules 1 through 12 EXHIBIT 2 COMPENSATION SCHEDULE EXHIBIT 3 INSURANCE REQUIREMENTS AND EVIDENCE OF INSURANCE EXHIBIT 4 CONTRACTUAL REQUIREMENTS RELATED TO HIPAA EXHIBIT 5 PREVAILING WAGE PROVISIONS EXHIBIT 6 FEDERAL PROVISIONS EXHIBIT 7 CHICAGO AGREEMENT 147 of 793 5 Execution Version ! AGREEMENT This Agreement is entered into as of March ___, 2016 (“Effective Date”) by and between Motivate International Inc., a Delaware corporation (“Motivate” or “Operator”), and the City of Evanston, a municipal corporation and home rule unit of local government existing under the Constitution of the State of Illinois, acting through its City Manager’s Office at Evanston, Illinois (“City”). The City and Operator agree as follows: BACKGROUND INFORMATION WHEREAS, the City wishes to enhance the existing public transportation system by providing bicycles to complete the first and/or last leg of a trip (e.g., from a train station to the workplace), among other reasons; and WHEREAS, the City wishes to help reduce dependency on automobiles, particularly for short trips, thereby reducing traffic congestion, vehicle emissions, and the demand for parking; and WHEREAS, the City is committed to promoting environmentally responsible initiatives and to exploring alternative modes of transportation to ensure that it is a bicycle-friendly municipality; and WHEREAS, Motivate currently operates a bicycle sharing system in the City of Chicago pursuant to that Operator Agreement between the City of Chicago Department of Transportation and Motivate International Inc. (formerly known as Alta Bicycle Share, Inc.) dated as of January 24, 2013 (the “Chicago Agreement,” attached hereto as Exhibit 7); and WHEREAS, the City desires to purchase and implement an expansion of that bicycle sharing system in Evanston; and WHEREAS, the City wishes to hire a vendor to procure various equipment and technology necessary for the foregoing and to assemble, install, develop, implement and operate such equipment and technology such that it operates together as a “System” (as defined herein), and to provide on-going operational support and maintenance of the System (collectively, the “Project”); and WHEREAS, the City has passed all resolutions necessary to authorize it to enter into this agreement; and WHEREAS, Operator represents and warrants that it has the authority to execute this Agreement and it is highly qualified and competent to provide and to perform such services as described herein and has expertise and knowledge in such matters; NOW, THEREFORE, the City and the Operator agree as follows: ARTICLE 1. INCORPORATION OF BACKGROUND INFORMATION The Background Information set forth above is incorporated and made a part of this Agreement by reference. TERMS AND CONDITIONS ARTICLE 2. DEFINITIONS 2.1 Definitions The following words and phrases have the following meanings for purposes of this Agreement: 148 of 793 6 Execution Version ! “Access Key” means a fare card for rental of Bicycles, as further described in Schedule 3 to Exhibit 1 of the Chicago Agreement. “Agreement” means this agreement, including all exhibits attached to it and incorporated in it by reference, and all amendments, modifications or revisions made in accordance with its terms. “Bicycle” means a device propelled solely by human power, upon which a person may ride either on or astride a regular seat attached thereto, having two or more wheels in tandem, as further described in Schedule 3 to Exhibit 1 of the Chicago Agreement. “Capital Costs” means the costs invoiced to the City for Equipment, Hardware, Software, and Installation Services. “City Manager” means the City Manager of the City of Evanston and any representative authorized in writing to act on the Commissioner’s behalf. “Computer Hardware” means the computer hardware necessary to operate the System. “Data” means all data recorded, gathered, or produced by the System, including but not limited to data pertaining to individual users, whether gathered through the website, social media, the Equipment, or customer service communications. “Documentation” means the documentation, written materials, work papers, configurations, manuals, and other work product prepared by or on behalf of PBSC or Motivate, its subcontractors or agents in connection with Software, and all specifications related thereto, that Motivate and/or PBSC provides to licensees of the Software. “Dock” or “Docking Point” means a locking mechanism contained on a Station designed to receive a Bicycle for locked storage, as further described in Schedule 3 to Exhibit 1 of the Chicago Agreement. “Equipment” means all physical components of the System, including without limitation Bicycles, Docks, Terminals, Station batteries, Bicycle and Station spare parts and all necessary cables. “Equipment Costs” means the actual cost incurred by Motivate to procure the Equipment, without mark-up. “Identifier” means Data that that could be used to identify users of the System, including all personal demographic and financial information. “Information Panel” means the printed material displayed inside of the Map Frame. “Map Frame” means a two-sided metal informational display unit, including translucent covering and lock. ! “Manager’s Office” means the City Manager’s Office. “Marketing Services” means promotions and advertising of the System directed at individuals and businesses, as well as reaching all customer bases through the Website and social media accounts. "PBSC" means the Equipment manufacturer and system back-end software provider, PBSC Urban Solutions. “Rates” means the customer charges specified in Exhibit 1, Schedule 12. 149 of 793 7 Execution Version ! “Report” means a report Motivate is required to deliver to the City under the terms hereof. “Services” means all of the services described herein that Operator must perform, in order to provide the Bicycle Sharing System described herein. “Site” means a designated area on publicly or privately owned real property, which area contains one or more of each of the following items made available by Motivate to perform the Services: Bicycles, Docks, Terminal, Technical Platforms and Information Panel. “Site Plan” means an illustration which shows the location of all Sites before installation, with distances and dimensions from the nearest property line, all relevant public or private easements, and at least two fixed objects. The Site Plan shall depict the locations of all above and belowground structures, utilities, infrastructure, and appurtenances in the immediate vicinity. “Station” means all Equipment related items except the Bicycles and Bicycle toolkits, including, without limitation, keys, and shipping costs, as further described in Exhibit 1, Schedule 1. “Subcontractor” means any person or entity with whom Operator contracts to provide any part of the Services (including Equipment), including subcontractors and subconsultants of any tier, suppliers and materials providers, whether or not in privity with the Operator. “System” means the bicycle sharing system, including all Equipment, Software, Technical Platform, Terminal, and Computer Hardware, operating together with the system described in the Chicago Agreement (the “Chicago System” and together, the “Divvy System,” as may be expanded by agreements with other municipalities in the greater Chicago area) as an integrated whole to perform the functions described herein. “Technical Platform” means a base component which rests on the ground and supports the Docks, Terminal, and Information Panel. “Terminal” means a kiosk which provides Bicycle rental instructions, contains payment equipment (i.e. credit card device), and includes all other means necessary for the rental of Bicycles, as further described in Schedule 3 to Exhibit 1 of the Chicago Agreement. “Website” means the customer-facing and internal websites maintained by Motivate for the System. 2.2 Interpretation (a) All references in this Agreement to Articles, Sections or Exhibits, unless otherwise expressed or indicated are to the Articles, Sections or Exhibits of this Agreement. (b) Words importing persons include firms, associations, partnerships, trusts, corporations and other legal entities, including public bodies, as well as natural persons. (c) Any headings preceding the text of the Articles and Sections of this Agreement, and any table of contents or marginal notes appended to it, are solely for convenience or reference and do not constitute a part of this Agreement, nor do they affect the meaning, construction or effect of this Agreement. (d) Words importing the singular include the plural and vice versa. Words of the masculine gender include the correlative words of the feminine and neuter genders. (e) All references to a number of days mean calendar days, unless indicated 150 of 793 8 Execution Version ! otherwise. 2.3 Incorporation of Exhibits The following attached Exhibits are made a part of this Agreement: EXHIBIT 1 SCOPE OF SERVICES and associated Schedules 1 through 12 EXHIBIT 2 COMPENSATION SCHEDULE EXHIBIT 3 INSURANCE REQUIREMENTS AND EVIDENCE OF INSURANCE EXHIBIT 4 CONTRACTUAL REQUIREMENTS RELATED TO HIPAA EXHIBIT 5 PREVAILING WAGE PROVISIONS EXHIBIT 6 FEDERAL PROVISIONS EXHIBIT 7 CHICAGO AGREEMENT 2.4 Order of Precedence In the event of any conflict or inconsistency of terms among the various documents that at any given time, constitute this Agreement, the order of precedence that shall apply is as follows, with each listed document or type of document superseding and prevailing over any subsequently listed document or type of document, and with later-executed documents prevailing over earlier documents of the same type, each solely to the extent of any irreconcilable conflict or inconsistency of the terms and condition thereof: (i) the terms and conditions set forth in Articles 1 through 12 of this Agreement; (ii) the Scope of Services in Exhibit 1; and (iii) any Schedules and Exhibits to this Agreement. Notwithstanding anything in the Agreement to the contrary, Operator is subject to and must conform to all of the terms and conditions of Exhibit 6 relating to Federal Provisions. In the event of any conflict or inconsistency between the terms set forth in the Agreement and the terms set forth in Exhibit 6, the terms and provisions Exhibit 6 take precedence over the terms and provisions in the Agreement, except to the extent that the Agreement contains provisions more favorable to the City or federal government or requiring a higher standard of the Operator. Operator must not by action or omission cause the City to be in breach of the grant agreement between the City and the funding source. ARTICLE 3. DUTIES AND RESPONSIBILITIES OF OPERATOR 3.1. Scope of Work General. The purpose of this Agreement is for Motivate to provide, install, implement, operate and maintain the System for use by the public. Subject to the terms and conditions of this Agreement, Motivate must (i) sell to the City the System, including Bicycles, Stations, and Computer Hardware, and provide to the City licenses for the Software, to enable use of the System by the City and the public as contemplated in this Agreement, (ii) install the Stations, at sites to be determined by the City, subject to the terms of this Agreement, and deliver all Bicycles, and provide all integration services to make the System fully operational, in compliance with the terms of this Agreement, (iii) provide all ancillary services for the expansion and operation of the System, including maintaining a website to be used by the public and marketing of the System to the public, and (iv) operate, support and maintain the System (collectively, the “Services”). Motivate shall provide all technical expertise, qualified personnel, Equipment, tools, and material to safely and competently accomplish all of the Services. Exhibit 1, Scope of Services, describes in more detail the elements of the Services; this description of the Services is intended to be general in nature and is neither a complete description of Motivate’s obligations nor a limitation on the Services that Motivate is to provide under this Agreement. Motivate must provide City with all work and services required to build, deliver, operate, and maintain the System, including the Services described in the Scope of Services, Exhibit 1, and work and services not specifically delineated in this Agreement, but consistent with, and reasonably inferable to be within, the scope of this Agreement and necessary for the delivery and operation 151 of 793 9 Execution Version ! of the System. Motivate must complete all of its obligations hereunder in a timely manner. Regardless of any other express duties of Motivate, City is relying on Motivate to provide, and Motivate must provide the expertise, assistance, and recommendations that are necessary to ensure the launch of the System and the delivery of a System that meets City’s needs and requirements and accomplishes the objectives of the City. In performing the Services, Motivate must at all times take appropriate advantage of and, unless expressly directed otherwise by City, implement or incorporate with regard to the System, best business practices. 3.2. Advertisement and Sponsorship Revenue from sponsorship agreements related exclusively to the System shall belong to City, net of commission, if any. Revenue from sponsorship agreements related to the entire Divvy System shall be allocated to the City on a proportional per dock basis. The City shall not receive any revenue for sponsorship agreements that do not relate to any part of the System, including, for example, sponsorship agreements related exclusively to the Chicago System. Sponsorship may include, but is not limited to, revenue from: • Placement for payment sponsor on payment equipment or Docks; • Placement for station sponsor on map header; • Placement for advertiser on Docks; • Placement for advertiser in membership packets; • Placement for sponsor on digital products such as the Website, social media, email, or apps of the System; • Placement for advertiser on t-shirts or other gear of System staff (such as “Valet Sponsor”); and • Sampling opportunities at or nearby Stations Motivate will receive 15% commission on any sponsorship it secures. Notwithstanding any of the foregoing, (a) City acknowledges and agrees that it shall have no rights to the name, logo, or branding of the System or Divvy System and shall have no right to select or change any of the same, (b) City may not secure its own advertiser or sponsor placements on Docks, in order to allow for system-wide sponsors of the Divvy System, but shall receive a proportional share of revenue derived from such sponsorship in accordance with this Article 3.2, and (c) no sponsorship agreement may conflict with the terms of that Sponsorship Agreement between the City of Chicago and Blue Cross and Blue Shield of Illinois (“BCBSI”) entered into as of May 1, 2014 (“BCBSI Sponsorship Agreement”). For the avoidance of doubt, BCBSI will, for the duration of the BCBSI Sponsorship Agreement and throughout the entire Divvy System, remain entitled to: • Exclusive system branding on bikes and vehicles • Exclusive sponsor/advertiser in the Health Insurance category • Helmet safety message on website and map panel 3.3. Compliance with Federal Grant Requirements Operator recognizes that a significant portion of this Agreement is funded through federal grant dollars received through the FHWA and agrees to cooperate with the City to address and if necessary, amend this Agreement, to conform with any additional requirements or changes to the System or Agreement necessary to comply with such grant requirements. 3.4. Ownership of Equipment and Computer Hardware Upon acceptance by the City of any element of the Equipment, including but not limited to Bicycles, the City shall be the owner of all Stations, including up to ten (10) Bicycles per Station, 152 of 793 10 Execution Version ! purchased by the City under this Agreement free and clear of all liens, encumbrances, financing statements, and rights of third persons or entities. All owner rights, warranties, and the like shall be in the name and inure to the benefit of the City. At the expiration or termination of this Agreement or earlier upon request, Motivate shall prepare and deliver to the City an inventory list of all Equipment and supplies purchased by the City under this Agreement and all related documentation, such as maintenance and service manuals and warranty information. The City shall have the right to perform a physical inventory of such Equipment at all times. Motivate must represent and warrant in such bill of sale that the Equipment and any components thereof are entirely new. Motivate shall include the original manufacturer’s warranty, which shall be transferred to the City. 3.5. Software Licenses (a) Licenses. Motivate must obtain in City’s name as licensee or sub-licensee for City and its authorized users to access, use, display and reproduce (and permit third party service providers to access, use, display and reproduce) the Software, and any other software used in the System, purchased or described in this Agreement. Motivate represents and warrants to City that Motivate has the authority and right to provide to City the license rights to all Software embedded in the System or otherwise provided by Motivate to City in accordance with the terms and conditions of this Agreement. The terms of the license are set forth more fully in Schedule 2. (b) Source Code Escrow. Motivate represents that it has entered into a Source Code Escrow Agreement with PBSC, with Motivate as beneficiary, which provides that PBSC will deposit, within 10 calendar days of the Launch date, into trust the Escrow Materials to permit Motivate to use the Escrow Materials once released to configure, install, and support the Software solely in conjunction with the System. The Source Code Escrow Agreement shall provide that Motivate have access to the Escrow Materials from the Escrow Agent upon, including but not limited to (i) PBSC discontinues support for the Software as a result of a decision or order of a governmental authority; (ii) PBSC files a voluntary petition in bankruptcy or liquidation; (iii) PBSC proposes any dissolution, liquidation, reorganization, or recapitalization with its creditors; (iv) an involuntary petition in bankruptcy or liquidation is filed against PBSC or a receiver is appointed or takes possession of PBSC’s property, and such petition or receiver is not dismissed or stayed within 90 days after such filing, appointment or taking possession; (v) PBSC makes an assignment for the benefit of creditors or is adjudicated as bankrupt; or (vi) PBSC takes any similar action under similar laws of any jurisdiction. Motivate shall pay the reasonable costs of the Escrow Agent. Motivate shall not be liable for any breach by PBSC of the Source Code Escrow Agreement, including but not limited to PBSC’s failure to deposit or maintain Escrow Materials. Upon gaining access to the Escrow Materials pursuant to the Escrow Agreement, the City, or its third party consultants (subject to limitations in the sentence immediately following), and if applicable, Motivate, will be entitled to modify, alter, adjust, translate or create derivative works from the Software solely as needed for City's own use in support of the operations of the System (to the exclusion of any other use). Notwithstanding the preceding, the City may not provide access to the Escrow Materials to a third party that is a direct competitor of PBSC, namely an entity engaged in the implementation of bike-sharing systems. "Escrow Materials" means, with respect to the Software, the source code of the Software and associated documentation, including all relevant files called for in Exhibit A of the Source Code Escrow Agreement. PBSC shall be allowed to transfer the Escrow Agreement without the City’s or Motivate’s authorization if (i) PBSC’s transferee or assignee has sufficient rights to source code to perform under the escrow, (ii) PBSC’s transferee or assignee takes subject to all terms of the Escrow Agreement and this Agreement, and (ii) PBSC sends a written notice to Motivate and the City of 153 of 793 11 Execution Version ! such assignment at least 30 days before the closing of any such transaction. 3.6. Deliverables In carrying out the Services, the Operator must prepare or provide to the City various deliverables, including work product, reports (financial or otherwise), recommendations, and analyses, as further described in Exhibit 1. The City may reject Deliverables that do not conform to the specifications in this Agreement or reasonably necessary for the purpose for which the City made this Agreement. If Motivate fails to comply with the foregoing standards, the City has 30 days from its discovery of the failure to notify Motivate thereof. If Motivate does not correct the failure, if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as an event of default. 3.7. Standard of Performance Motivate must perform all Services required of it under this Agreement with that degree of skill, care and diligence normally shown by a consultant performing services of a scope and purpose and magnitude comparable with the nature of the Services to be provided under this Agreement. Motivate acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City. Any review, approval, acceptance of Services or Deliverables or payment for any of the Services by the City does not relieve Motivate of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City's rights against Motivate under this Agreement, at law or in equity. Motivate must be appropriately licensed to perform the Services, if required by law, and must ensure that all Services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed as may be required by law. Motivate remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Motivate or its Subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Manager’s Office and delivered in a timely manner consistent with the requirements of this Agreement. If Motivate fails to comply with the foregoing standards, Motivate must, at the City’s option, perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure, unless the reason is failure to have and maintain required licensure, which is an event of default as described in Article 9.1(b)(i) below. 3.8. Standard of Performance Project Management and Personnel (a) Project Management. The System shall have the same Project Managers as are defined and designated under the Chicago Agreement. The City Project Manager shall serve as the primary point of contact for Motivate with respect to this Agreement. The Motivate Project Manager shall have overall responsibility for day-to-day management and administration of the Services provided under this Agreement and shall serve as the primary contact for the City with respect to this Agreement. Where specifically stated in this Agreement, Motivate shall obtain from the City Project Manager prior written approval of specified activities. However, it shall be the responsibility of Motivate to manage the details of the execution and performance of the Services under this Agreement. The Motivate Project Manager shall, at the request of City, attend any meeting of the management personnel of the City related to this Agreement, the System or the Services. (b) Adequate Staffing. Motivate must, upon receiving a fully executed copy of this Agreement, assign and maintain during the term of this Agreement and any extension of it 154 of 793 12 Execution Version ! an adequate staff of competent personnel that is fully equipped, licensed as appropriate, available as needed, qualified and assigned exclusively to perform the Services. (c) Salaries and Wages Motivate and Subcontractors must pay all salaries and wages due all employees performing Services under this Agreement unconditionally and at least once a month without deduction or rebate on any account, except only for those payroll deductions that are mandatory by law or are permitted under applicable law and regulations. If in the performance of this Agreement Motivate underpays any such salaries or wages, the City may withhold, out of payments due to Motivate, an amount sufficient to pay to employees the difference between the salaries or wages required to be paid under this Agreement and the salaries or wages actually paid these employees for the total number of hours worked. The amounts withheld may be disbursed by the City for and on account of Motivate to the respective employees to whom they are due. The parties acknowledge that this clause is solely for the benefit of the City and that it does not grant any third party beneficiary rights. 3.9. Insurance Motivate must provide and maintain at Motivate's own expense, during the term of this Agreement and any time period following expiration if Motivate is required to return and perform any of the Services or Additional Services under this Agreement, the insurance coverages and requirements specified in Exhibit 3 of this Agreement, insuring all operations related to this Agreement. 3.10. Indemnification (a) Motivate and the City shall take all reasonable precautions to protect all persons and the property of the City and others from damage, loss or injury caused by operations of Motivate or its subcontractors under this Agreement. (b) Motivate shall defend, indemnify and hold City and its commissioners, officers and employees (each, an “Indemnified Party,” and collectively, “Indemnified Parties”) harmless, to the fullest extent permitted by law, from any and all claims of, or judgments for, a third-party for (i) damages on account of any injuries or death to such third-party or damage to any property of such third-party, or (ii) economic, pecuniary or financial losses of such third-party, together with costs and expenses to which such Indemnified Party may be subjected of account of such claims or judgments, to the extent arising out of the negligence or intentional misconduct by Motivate or its subcontractors or a violation of law by Motivate or its subcontractors (collectively, “Operator Actions”); provided, however, that Motivate shall not be responsible for any negligence by Indemnified Parties or their respective agents or contractors or for any damages caused by Indemnified Parties or their respective agents or contractors (together with matters covered by the following sentence, “Indemnified Party Actions”). In addition, and notwithstanding anything to the contrary in the foregoing, Motivate’s obligations under this paragraph shall not apply to liability to the extent arising from Motivate’s complying with the directives or requirements of the City. Insofar as the facts or law relating to any claim would preclude an Indemnified Party from being completely indemnified by Motivate, such Indemnified Party shall be partially indemnified by Motivate. (c) Motivate shall defend, indemnify and hold the Indemnified Parties harmless from any and all claims (even if the allegations of the lawsuit are without merit) or judgments for damages and from costs and expenses to which the Indemnified Parties may be subject to or which the Indemnified Parties may suffer or incur allegedly arising out of or in connection with any infringement by Motivate of any copyright, trade secrets, trademark or patent rights or any other similar intellectual property right of any third party by Motivate or its subcontractors in the performance of this Agreement. Motivate shall defend, indemnify, and hold the Indemnified Parties harmless regardless of whether or not the alleged infringement arises out of compliance 155 of 793 13 Execution Version ! with the Agreement’s scope of services/scope of work. Insofar as the facts or law relating to any claim would preclude an Indemnified Party from being completely indemnified by Motivate, such Indemnified Party shall be partially indemnified by Motivate. (d) Upon receipt by an Indemnified Party of actual notice of a proceeding against such Indemnified Party in respect of a matter for which such Indemnified Party is entitled to indemnification under Article 3.10(b) or Article 3.10(c) (a “Proceeding”), such Indemnified Party shall notify Motivate with respect thereto. In addition, an Indemnified Party shall notify Motivate after any Proceeding is commenced (by way of service with a summons or other legal process giving information as to the nature and basis of the claim) against such Indemnified Party. In any event, failure to notify Motivate shall not relieve Motivate from any liability that Motivate may have on account of this indemnity, except to the extent Motivate has been prejudiced by such failure. Motivate shall assume the defense of a Proceeding, including the employment of counsel reasonably satisfactory to such Indemnified Party and the payment of the fees and expenses of such counsel, in which event, except as provided below, Motivate shall not be liable for the fees and expenses of any other counsel retained by such Indemnified Party in connection with such Proceeding. In any such Proceeding in which Motivate assumes the defense, such Indemnified Party shall have the right to participate in such Proceeding and to retain its own counsel, but the fees and expenses of such counsel shall be at the expense of such Indemnified Party unless: (i) Motivate and such Indemnified Party have mutually agreed in writing to the retention of such counsel, or (ii) the named parties to any such Proceeding (including any impleaded parties) include Motivate and such Indemnified Party and representation of both parties by the same counsel would, in the reasonable opinion of counsel to Motivate, be inappropriate due to actual or potential differing interests between Motivate and such Indemnified Party, in which case the reasonable fees and expenses of counsel for an Indemnified Party shall be borne by Motivate, provided that such Indemnified Party’s selection of counsel has been approved by Motivate, which approval shall not be unreasonably withheld or delayed. Motivate will not settle any Proceeding to which such Indemnified Party is a party without the consent of such Indemnified Party unless such settlement includes an unconditional release of such Indemnified Party from all claims made against such Indemnified Party in connection with such Proceeding without any admission of liability or wrongdoing. Notwithstanding anything to the contrary in this Article 3.10(d), if any judgment or settlement establishes that the personal injury, property damage or financial loss underlying any Proceeding arose from Indemnified Party Actions, then such Indemnified Party shall reimburse Motivate for the legal fees and costs incurred by Motivate in defending such Indemnified Party, or if such personal injury, property damage or financial loss arose from both Operator Actions and Indemnified Party Actions, then such Indemnified Party shall reimburse Motivate for such Indemnified Party’s share of Motivate’s legal fees and costs based such Indemnified Party’s share of the liability for such personal injury, property damage or financial loss. (e) The provisions of this Agreement shall not be deemed to create any right of action in favor of third parties against Motivate or the Indemnified Parties or their respective officers and employees. 3.11. Ownership of Documents and Data (a) The ownership of all Deliverables, Data, findings or other information (excluding any intellectual property rights or embodiment thereof owned or created by PBSC), in any form prepared, assembled, gathered, or encountered by or provided to Operator under this Agreement (subject to subarticle b below) shall be governed by the Chicago Agreement, including, as provided below, all copyrights, or other intellectual property rights inherent in their preparation. (b) Any user data provided to or gathered by the System with respect to specific users, including, without limitation, the user’s profile, payment information, trip history, and the like (“User Information”) shall remain, as between the User and the Operator, the property of the user, and Operator may not claim ownership of such information, and may not request that any 156 of 793 14 Execution Version ! user waive his or her ownership rights with respect to such information. User Information may be anonymized or aggregated to generate certain Deliverables or reports as required by this Agreement. 3.12. Copyright Ownership Motivate and the City intend that, to the extent permitted by law, the Deliverables produced by Motivate at the City's instance and expense under this Agreement (excluding any intellectual property rights or embodiment thereof owned or created by PBSC) are conclusively deemed "works made for hire" within the meaning and purview of Section 101 of the United States Copyright Act, 17 U.S.C. '101 et seq., and that the City will be the sole copyright owner of the Deliverables and of all aspects, elements and components of them in which copyright can subsist, and of all rights to apply for copyright registration or prosecute any claim of infringement. To the extent that any Deliverable does not qualify as a "work made for hire," Motivate hereby irrevocably grants, conveys, bargains, sells, assigns, transfers and delivers to the City, its successors and assigns, all right, title and interest in and to the copyrights and all U.S. and foreign copyright registrations, copyright applications and copyright renewals for them, and other intangible, intellectual property embodied in or pertaining to the Deliverables prepared for the City under this Agreement, and all goodwill relating to them, free and clear of any liens, claims or other encumbrances, to the fullest extent permitted by law. Motivate will, and will cause all of its Subcontractors, employees, agents and other persons within its control to, execute all documents and perform all acts that the City may reasonably request in order to assist the City in perfecting its rights in and to the copyrights relating to the Deliverables, at the sole expense of the City. Motivate warrants to the City, its successors and assigns, that on the date of transfer Motivate is the lawful owner of good and marketable title in and to the copyrights for the Deliverables and has the legal rights to fully assign them. Motivate further warrants that it has not assigned and will not assign any copyrights and that it has not granted and will not grant any licenses, exclusive or nonexclusive, to any other party, and that it is not a party to any other agreements or subject to any other restrictions with respect to the Deliverables. Motivate warrants that the Deliverables are complete, entire and comprehensive, and that the Deliverables constitute a work of original authorship. City and Motivate acknowledge that the Divvy marks, name and associated trademarks are the property of the City of Chicago, whose permission shall be secured for such use. 3.13. Records Motivate must deliver or cause to be delivered to the City all documents, including all Deliverables prepared for the City under the terms of this Agreement, promptly in accordance with the time limits prescribed in this Agreement, and if no time limit is specified, then upon reasonable demand for them or upon termination or completion of the Services under this Agreement. Motivate must maintain any such records including Deliverables not delivered to the City or demanded by the City for a period of 5 years after the final payment made in connection with this Agreement. Motivate must not dispose of such documents following the expiration of this period without notification of and written approval from the City in accordance with Article 11. 3.14. Confidentiality of City Data (a) All City information must be kept strictly confidential, except as specifically authorized by this Agreement, or as may be required by law. The Operator must not allow the City’s confidential information to be made available to any other individual or organization without the prior written consent of the City, except to Operator’s employees, officers, directors, partners, shareholders, agents, attorneys, accountants, or contractors who need to know the confidential information to assist the Operator, or act on its behalf, in relation to the exercise of its rights or performance of its obligations under this Agreement. Operator must implement such measures 157 of 793 15 Execution Version ! as may be necessary to ensure that its staff and its Subcontractors are bound by the confidentiality provisions in this Agreement. Without limiting the foregoing, the Operator agrees that the User Information must be kept strictly confidential, and that Operator may not distribute, convey, transfer, license, or sell, in any fashion, such data, to any third parties, and Operator may not seek permission from users to do such. Notwithstanding this prohibition, the Operator shall seek permission from the users to share with the City user information on an aggregated basis for City purposes, including the enhancement and operation of the bicycle sharing program. (b) Motivate must not issue any publicity or news releases or grant press interviews, and except as may be required by law during or after the performance of this Agreement, disseminate any information regarding its Services or the project to which the Services pertain without the prior written consent of the City. (c) If Motivate is presented with a request for documents by any administrative agency or with a subpoena duces tecum regarding any records, data or documents which may be in Motivate's possession by reason of this Agreement, Motivate must immediately give notice to the City, including the City’s counsel, with the understanding that the City will have the opportunity to contest such process by any means available to it before the records, data or documents are submitted to a court or other third party. Motivate, however, is not obligated to withhold the delivery beyond the time ordered by a court or administrative agency, unless the subpoena or request is quashed or the time to produce is otherwise extended. (d) HIPAA and AIDS Confidentiality Act. To the extent not defined here the capitalized terms below and in Exhibit 4 will have the same meaning as set forth in the Health Insurance Portability and Accountability Act (Act). See 45 CFR parts 160, 162 and 164. Operator and all its Subcontractors must comply with the Act and all rules and regulations applicable to it including the Privacy Rule, which sets forth the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164 subparts A and E; the Standards for Electronic Transactions, which are located at 45 CFR parts 160 and 162 and the Security Standards, which are located at 45 CFR parts 160, 162 and 164. Operator must also comply with the Illinois AIDS Confidentiality Act (410 ILCS 305/1 through 16) and the rules and regulations of the Illinois Department of Public Health promulgated under it. If Operator fails to comply with the applicable provisions under the ACT or the Illinois AIDS Confidentiality Act, such failure will constitute an event of default under this Agreement for which no opportunity for cure will be provided. 3.15. Assignments and Subcontracts (a) Motivate must not assign, delegate or otherwise transfer all or any part of its rights or obligations under this Agreement: (i) unless otherwise provided for elsewhere in this Agreement; or (ii) without the express written consent of the Manager’s Office. The absence of such a provision or written consent voids the attempted assignment, delegation or transfer and is of no effect as to the Services or this Agreement. No approvals given by the City, including approvals for the use of any Subcontractors, operate to relieve Motivate of any of its obligations or liabilities under this Agreement. (b) If any Subcontractor fails to perform the Services in accordance with the terms and conditions of this Agreement to the satisfaction of the City, the City has the absolute right upon written notification to require the performance of this Agreement by Motivate personally or through any other City-approved Subcontractor. Any use of Subcontractors in the performance of the Services under this Agreement under no circumstances operates to relieve Motivate of any of its obligations or liabilities under this Agreement. (c) Motivate, upon entering into any agreement with a Subcontractor, must furnish upon request of the City a copy of its agreement. Subcontracts may not contain any terms and 158 of 793 16 Execution Version ! conditions that are in contradiction of the material terms and conditions of this Agreement. If the agreements do not prejudice any of the City's rights under this Agreement, such agreements may contain different provisions than are provided in this Agreement with respect to extensions of schedule, time of completion, payments, guarantees and matters not affecting the quality of the Services. (d) Motivate must not transfer or assign any funds or claims due or to become due under this Agreement without the prior written approval of the City. The attempted transfer or assignment of any funds, either in whole or in part, or any interest in them, which are due or to become due to Motivate under this Agreement, without such prior written approval, has no effect upon the City. (e) The City shall not assign or otherwise transfer all or any part of its interests under this Agreement to any successor without the prior written approval of the City of Chicago. 3.16. Collateral Assignment In the event that the City has exercised its right to terminate this Agreement, under the early termination or for cause, all as set forth in Article 9, the City shall have the right, at its election but subject to the approval of the City of Chicago, to take over and operate the System, either directly or through third parties. Notwithstanding the preceding, the City may not operate the System through a third party that is a direct competitor of PBSC, namely an entity engaged in the implementation of bike-sharing systems. 3.17. Prevailing Wage Provisions To the extent applicable, Operator must adhere to the additional terms as outlined in Exhibit 5. ARTICLE 4. DURATION OF AGREEMENT 4.1. Term of Performance This Agreement takes effect as of the Effective Date and continues until January 24, 2018, unless the Chicago Agreement is extended pursuant to its Article 4.3, in which case the City may elect, pursuant to Article 4.3 below, to simultaneously extend this Agreement. If the Chicago Agreement terminates for any reason at any time, this Agreement shall terminate simultaneously. If the Chicago Agreement is assigned at any time to a new operator, the City and Motivate shall immediately take all steps necessary to transfer this Agreement to the same operator. 4.2. Timeliness of Performance Motivate must provide the Services and Deliverables in a timely manner. Neither Motivate nor Motivate’s agents, employees or Subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other losses or expenses incurred by Motivate by reason of delays or hindrances in the performance of the Services, whether or not caused by the City. 4.3. Agreement Extension Option The City may exercise its right to extend this Agreement following the expiration of the base Agreement term for up to two additional sixty month terms, subject to acceptable performance by Motivate and contingent upon (i) a corresponding extension of the Chicago Agreement and (ii) the appropriation of sufficient funds for the Services provided for in this Agreement. Before expiration of the then current Agreement term, the City will give Motivate notice, in writing, that the City wishes to exercise its option to renew the Agreement for the approaching option period. The date on which the City gives notice is the date the notice is mailed, if it is mailed, or 159 of 793 17 Execution Version ! the date the notice is delivered, if sent by courier or messenger service. With the same amount of notice as for options, the City reserves the right to extend the Agreement for a period of no more than one-hundred eighty-one (181) calendar days, either in lieu of exercising an option period or following the exhaustion of all option periods, for the purpose of providing continuity of service while procuring a replacement contract, provided however that the same is elected by the City of Chicago pursuant to the Chicago Agreement. ARTICLE 5. COMPENSATION 5.1. Fees and Invoices Motivate will invoice the City for Capital Costs, Operator Fees and any other payments owed by the City to Motivate in accordance with the terms of invoicing and payment set forth in Exhibit 3, Compensation Schedule. An original invoice must be mailed to: Evanston Project Manager, Attn: Katherine Knapp, 2100 Ridge Avenue, Evanston, IL 60201 with a copy to the City Chief Financial Officer/Assistant City Manager, 2100 Ridge Avenue, Evanston, IL 60201. The City will process payment within 30 days after receipt of invoices. Late payments will accrue interest at a rate of 1% per month. 5.2. Taxes Illinois Retailers Occupation Tax, Use Tax, and Municipal Retailers Occupation Tax do not apply to materials or services purchased by the City by virtue of Statute. The price or prices quoted herein shall include all other Federal and/or State, direct and/or indirect taxes which apply. The prices quoted herein shall comply with all Federal laws and regulations. 5.3. Funding The source of funds for payments for Capital Costs under this Agreement shall be identified by the City. The source of funds for payments for Operations Costs will be the Account described in Exhibit 2. Funding for this Agreement is subject to the availability of funds and their appropriation by the City Council. Neither Operating Revenues, Revenue Allotment, nor the balance of the Account shall have any bearing on the City’s obligation to pay the Operator Fees to Motivate. For the avoidance of doubt, in the event that Revenue Allotment for any period is less than the Operator Fees due for the same period, the City shall nevertheless be obligated to pay Motivate the Operator Fees in full and without any offset or deduction. 5.4. Non-Appropriation Pursuant to 65 ILCS 5/8-1-7, any contract for the expenditure of funds made by a municipality without the proper appropriation is null and void. If no funds or insufficient funds are appropriated and budgeted in any fiscal period of the City for payments to be made under this Agreement, then the City will notify Motivate of that occurrence and this Agreement shall terminate on the earlier of the last day of the fiscal period for which sufficient appropriation was made or whenever the funds appropriated for payment under this Agreement are exhausted. No payments will be made to Motivate under this Agreement beyond those amounts appropriated and budgeted by the City to fund payments under this Contract. ARTICLE 6. DISPUTES Except for a claim relating to intellectual property or breach of confidentiality provisions, the parties, through their respective project managers, will attempt to settle any dispute arising from this Agreement through consultation and good faith negotiation. If the project managers are unable to resolve the issue, the parties will declare a 30-day resolution period in which the issue will be escalated to the City Manager, or his designee, and to the President of Motivate, or his 160 of 793 18 Execution Version ! designee. The parties agree to timely respond to reasonable requests for information required to establish facts related to the dispute that they are not prohibited by law or policy to produce. At the end of the 30-day period, the Operator shall give notice to the City of disputes or claims it believes cannot be resolved before filing any claim with a court of proper jurisdiction. ARTICLE 7. COMPLIANCE WITH ALL LAWS 7.1. Compliance with All Laws Generally (a) Operator must observe and comply with all applicable federal, state, county and municipal laws, statutes, ordinances and executive orders, in effect now or later and whether or not they appear in this Agreement, including those set forth in this Article 7, and Operator must pay all taxes and obtain all licenses, certificates and other authorizations required by them. Operator must require all Subcontractors to do so, also. (b) Notwithstanding anything in this Agreement to the contrary, references to a statute or law are considered to be a reference to (i) the statute or law as it may be amended from time to time; (ii) all regulations and rules pertaining to or promulgated pursuant to the statute or law; and (iii) all future statutes, laws, regulations, rules and executive orders pertaining to the same or similar subject matter. 7.2. Nondiscrimination (a) Operator Operator must comply with applicable federal, state, and local laws and related regulations prohibiting discrimination against individuals and groups. If this Agreement is federally funded in whole or in part, additional provisions related to nondiscrimination may be set forth in Exhibit 6. (i) Federal Requirements Operator must not engage in unlawful employment practices, such as (1) failing or refusing to hire or discharging any individual, or otherwise discriminating against any individual with respect to compensation or the terms, conditions, or privileges of the individual’s employment, because of the individual's race, color, religion, sex, age, handicap/disability or national origin; or (2) limiting, segregating or classifying Operator’s employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect the individual’s status as an employee, because of the individual's race, color, religion, sex, age, handicap/disability or national origin. Operator must comply with, and the procedures Operator utilizes and the Services Operator provides under this Agreement must comply with, the Civil Rights Act of 1964, 42 U.S.C. sec. 2000e et seq. (1981), as amended and the Civil Rights Act of 1991, P.L. 102-166. Attention is called to: Exec. Order No. 11246, 30 Fed. Reg. 12,319 (1965), reprinted in 42 U.S.C. 2000e note, as amended by Exec. Order No. 11375, 32 Fed. Reg. 14,303 (1967) and by Exec. Order No. 12086, 43 Fed. Reg. 46,501 (1978); Age Discrimination Act, 42 U.S.C. §§6101-6106 (1981); Age Discrimination in Employment Act, 29 U.S.C. §§621-34; Rehabilitation Act of 1973, 29 U.S.C. §§793-794 (1981); Americans with Disabilities Act, 42 U.S.C. 12101 et seq.; 41 C.F.R. Part 60 et seq. (1990); and all other applicable federal statutes, regulations and other laws. (ii) State Requirements Operator must comply with, and the procedures Operator utilizes and the Services Operator provides under this Agreement must comply with, the Illinois Human Rights Act, 775 ILCS 5/1- 101 et seq. (1990), as amended and any rules and regulations promulgated in accordance with it, including the Equal Employment Opportunity Clause, 44 Ill. Admin. Code §750 Appendix A. Furthermore, Operator must comply with the Public Works Employment Discrimination Act, 775 161 of 793 19 Execution Version ! ILCS 10/0.01 et seq. (1990), as amended, and all other applicable state statutes, regulations and other laws. Operator must furnish such reports and information as requested by the federal, state, and local agencies charged with enforcing such laws and regulations. 7.3. Deemed Inclusion Provisions required by law, ordinances, rules, regulations, or executive orders to be inserted in this Agreement are deemed inserted in this Agreement whether or not they appear in this Agreement or, upon application by either party, this Agreement will be amended to make the insertion; however, in no event will the failure to insert the provisions before or after this Agreement is signed prevent its enforcement. ARTICLE 8. SPECIAL CONDITIONS 8.1. Warranties and Representations In connection with signing and carrying out this Agreement, Operator: (a) warrants that Operator is appropriately licensed under Illinois law to perform the Services required under this Agreement and will perform no Services for which a professional license is required by law and for which Operator is not appropriately licensed; (b) warrants it is financially solvent; it and each of its employees and agents are competent to perform the Services required under this Agreement; and Operator is legally authorized to execute and perform or cause to be performed this Agreement under the terms and conditions stated in this Agreement; (c) warrants that it will not knowingly use the services of any ineligible contractor or Subcontractor for any purpose in the performance of its Services under this Agreement; (d) warrants that Operator is not in default at the time this Agreement is signed, and has not been deemed by the City to have, within 5 years immediately preceding the date of this Agreement, been found to be in default on any contract awarded by the City; (e) represents that it has carefully examined and analyzed the provisions and requirements of this Agreement; it understands the nature of the Services required; from its own analysis it has satisfied itself as to the nature of all things needed for the performance of this Agreement; this Agreement is feasible of performance in accordance with all of its provisions and requirements, and Operator warrants it can and will perform, or cause to be performed, the Services in strict accordance with the provisions and requirements of this Agreement; (f) represents that Operator and, to the best of its knowledge, its Subcontractors are not in violation of the provisions of the Illinois Criminal Code, 720 ILCS 5/33E as amended, and the Illinois Municipal Code, 65 ILCS 5/11-42.1-1; (g) acknowledges that any certification, affidavit or acknowledgment made under oath in connection with this Agreement is made under penalty of perjury and, if false, is also cause for termination under Article 9.2 of this Agreement; and (h) warrants that the System complies with all laws governing accessibility for the disabled as required by the Americans with Disabilities Act (ADA) or any such applicable laws and regulations and agrees that during the Term of the Agreement it will comply with all such laws governing accessibility; and 162 of 793 20 Execution Version ! (i) warrants and represents that neither Operator nor an Affiliate of Operator (as defined below) appears on the Specially Designated Nationals List, the Denied Persons List, the unverified List, the Entity List, or the Debarred List as maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or by the Bureau of Industry and Security of the U.S. Department of Commerce (or their successors), or on any other list of persons or entities with which the City may not do business under any applicable law, rule, regulation, order or judgment. “Affiliate of Operator” means a person or entity that directly (or indirectly through one or more intermediaries) controls, is controlled by or is under common control with Operator. A person or entity will be deemed to be controlled by another person or entity if it is controlled in any manner whatsoever that results in control in fact by that other person or entity (either acting individually or acting jointly or in concert with others) whether directly or indirectly and whether through share ownership, a trust, a contract or otherwise. 8.2. Ethics (a) In addition to the foregoing warranties and representations, Operator warrants: (i) no officer, agent or employee of the City is employed by Operator or has a financial interest directly or indirectly in this Agreement or the compensation to be paid under this Agreement. (ii) no payment, gratuity or offer of employment will be made in connection with this Agreement by or on behalf of any Subcontractors to Operator or higher tier Subcontractors or anyone associated with them, as an inducement for the award of a subcontract or order. 8.3. Joint and Several Liability If Operator, or its successors or assigns, if any, is comprised of more than one individual or other legal entity (or a combination of them), then under this Agreement, each and without limitation every obligation or undertaking in this Agreement to be fulfilled or performed by Operator is the joint and several obligation or undertaking of each such individual or other legal entity. 8.4. Business Documents At the request of the City, Operator must provide copies of its latest articles of incorporation, by- laws and resolutions, or partnership or joint venture agreement, as applicable. 8.5. Conflicts of Interest (a) No member of the governing body of the City or other unit of government and no other officer, employee or agent of the City or other unit of government who exercises any functions or responsibilities in connection with the Services to which this Agreement pertains is permitted to have any personal interest, direct or indirect, in this Agreement. No member of or delegate to the Congress of the United States or the Illinois General Assembly and no council member of the City or City employee is allowed to be admitted to any share or part of this Agreement or to any financial benefit to arise from it. (b) Operator represents that it, and to the best of its knowledge, its Subcontractors if any (Operator and Subcontractors will be collectively referred to in this Article 8.5 as "Consulting Parties"), presently have no direct or indirect interest and will not acquire any direct or indirect interest in any project or contract that would conflict in any manner or degree with the performance of its Services under this Agreement. (c) Upon the request of the City, Consulting Parties must disclose to the City their past client lists and the names of any clients with whom they have an ongoing relationship. 163 of 793 21 Execution Version ! Consulting Parties are not permitted to perform any Services for the City on applications or other documents submitted to the City by any of Consulting Parties’ past or present clients. If Consulting Parties become aware of a conflict, they must immediately stop work on the assignment causing the conflict and notify the City. (d) Without limiting the foregoing, if the Consulting Parties assist the City in determining the advisability or feasibility of a project or in recommending, researching, preparing, drafting or issuing a request for proposals or bid specifications for a project, the Consulting Parties must not participate, directly or indirectly, as a prime, subcontractor or joint venturer in that project or in the preparation of a proposal or bid for that project during the term of this Agreement or afterwards. The Consulting Parties may, however, assist the City in reviewing the proposals or bids for the project if none of the Consulting Parties have a relationship with the persons or entities that submitted the proposals or bids for that project. (e) Further, Consulting Parties must not assign any person having any conflicting interest to perform any Services under this Agreement or have access to any confidential information, as described in Article 3.14 of this Agreement. If the City, in its reasonable judgment, determines that any of Consulting Parties' services for others conflict with the Services that Consulting Parties are to render for the City under this Agreement, Consulting Parties must terminate such other services immediately upon request of the City. (f) Furthermore, if any federal funds are to be used to compensate or reimburse Operator under this Agreement, Operator represents that it is and will remain in compliance with federal restrictions on lobbying set forth in Section 319 of the Department of the Interior and Related Agencies Appropriations Act for Fiscal Year 1990, 31 U.S.C. §1352, and related rules and regulations set forth at 54 Fed. Reg. 52,309 ff. (1989), as amended. If federal funds are to be used, Operator must execute a Certification Regarding Lobbying. 8.6. Non-Liability of Public Officials Operator and any assignee or Subcontractor of Operator must not charge any official, employee or agent of the City personally with any liability or expenses of defense or hold any official, employee or agent of the City personally liable to them under any term or provision of this Agreement or because of the City's execution, attempted execution or any breach of this Agreement. 8.7. Certification Regarding Suspension and Debarment Operator certifies, by its acceptance of this Agreement that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency. If Operator is unable to certify to this statement, it must attach an explanation to the Agreement. ARTICLE 9. EVENTS OF DEFAULT, REMEDIES, TERMINATION, SUSPENSION AND RIGHT TO OFFSET 9.1. Events of Default Defined The following constitute events of default: (a) Any material misrepresentation, whether negligent or willful and whether in the inducement or in the performance, made by Operator to the City. (b) Operator's failure to perform any of its obligations under this Agreement including the following: 164 of 793 22 Execution Version ! (i) Failure to have and maintain all professional licenses required by law to perform the Services; (ii) Failure to timely perform the Services; (iii) Failure to perform the Services in a manner reasonably satisfactory to the City or inability to perform the Services satisfactorily as a result of insolvency, filing for bankruptcy or assignment for the benefit of creditors; (iv) Failure to promptly re-perform, as required, within a reasonable time and at no cost to the City, Services that are rejected as erroneous or unsatisfactory; (v) Failure to provide Support or remedy any Software defect or malfunction or other failure of the Software to perform in accordance with Schedule 2 for more than 5 calendar days. (vi) Discontinuance of the Services for reasons within Operator's reasonable control; (vii) Failure to comply with Article 7.1 in the performance of the Agreement; (viii) Any other acts specifically stated in this Agreement as constituting an act of default. (c) Any change in ownership or control of Operator without the prior written approval of the City (when such prior approval is permissible by law), which approval the City will not unreasonably withhold. (d) Operator's default under any other agreement it may presently have or may enter into with the City for the duration of this Agreement. Operator acknowledges that in the event of a default under this Agreement the City may also declare a default under any such other agreements. (e) Operator’s default under the Chicago Agreement or any other agreement with the City of Chicago related thereto. (f) Operator’s violation of City ordinance(s) unrelated to performance under the Agreement such that it indicates a willful or reckless disregard for City laws and regulations. 9.2. Remedies (a) Notices. In an event of default, the Operator shall have an opportunity to cure the default within 30 days unless extended by the City. The City will give Operator written notice of the default in the form of a cure notice (“Cure Notice”). If the Operator fails to cure the event of default within the cure period, the City may give a default notice (“Default Notice”), in which it will also indicate any present intent it may have to terminate this Agreement. The decision to terminate is final and effective upon giving the notice. If the City decides not to terminate, this decision will not preclude it from later deciding to terminate the Agreement in a later notice, which will be final and effective upon the giving of the notice or on the date set forth in the notice, whichever is later. When a Default Notice with intent to terminate is given as provided in this Article 9.2 and Article 11, Operator must discontinue any Services, unless otherwise directed in the notice, and deliver all materials belonging to the City and accumulated in the performance of this Agreement, whether completed or in the process, to the City. (b) Exercise of Remedies. After giving a Default Notice, the City may invoke any or 165 of 793 23 Execution Version ! all of the following remedies: (i) The right to take over and complete the Services, or any part of them, at City’s expense and with the consent of the City of Chicago, either directly or through others, and refrain from making any payments of Operator Fees to Operator; (ii) The right to terminate this Agreement; (iii) The right of specific performance, an injunction or any other appropriate equitable remedy; (iv) The right to money damages; (v) The right to withhold all or any part of Operator's compensation under this Agreement; (vi) The right to deem Operator non-responsible in future contracts to be awarded by the City; (vii) The right to declare default on any other contract or agreement Operator may have with the City. (c) City’s Reservation of Rights. If the City considers it to be in its best interests, it may elect not to declare default or to terminate this Agreement. The parties acknowledge that this provision is solely for the benefit of the City and that if the City permits Operator to continue to provide the Services despite one or more events of default, Operator is in no way relieved of any of its responsibilities, duties or obligations under this Agreement, nor does the City waive or relinquish any of its rights. (d) Non-Exclusivity of Remedies. The remedies under the terms of this Agreement are not intended to be exclusive of any other remedies provided, but each and every such remedy is cumulative and is in addition to any other remedies, existing now or later, at law, in equity or by statute. No delay or omission to exercise any right or power accruing upon any event of default impairs any such right or power, nor is it a waiver of any event of default nor acquiescence in it, and every such right and power may be exercised from time to time and as often as the City considers expedient. 9.3. Suspension If the City declares that there is an event of emergency, the City may at any time request that Operator suspend its Services, or any part of them, by giving 15 days prior written notice to Operator or upon informal oral, or even no notice. Operator must mitigate any costs incurred after the effective date of such suspension. Operator must promptly resume its performance of the Services under the same terms and conditions as stated in this Agreement upon written notice by the City and such equitable extension of time as may be mutually agreed upon by the City and Operator when necessary for continuation or completion of Services. Any additional costs or expenses actually incurred by Operator as a result of the suspension period or for recommencing the Services must be treated in accordance with the compensation provisions under Article 5 of this Agreement. 9.4. Right to Offset In connection with Operator’s performance under this Agreement, the City may offset any incremental costs and other damages the City incurs in any or all of the following circumstances: (i) if the City terminates this Agreement for default or any other reason 166 of 793 24 Execution Version ! resulting from Operator’s performance or non-performance; (ii) if the City exercises any of its remedies under Article 9.2 of this Agreement; (iii) if the City has any credits due or has made any overpayments under this Agreement. The City may offset these incremental costs and other damages by use of any payment due for Services completed before the City terminated this Agreement or before the City exercised any remedies. If the amount offset is insufficient to cover those incremental costs and other damages, Operator is liable for and must promptly remit to the City the balance upon written demand for it. This right to offset is in addition to and not a limitation of any other remedies available to the City. ARTICLE 10. GENERAL CONDITIONS 10.1. Entire Agreement (a) General This Agreement, and the exhibits attached to it and incorporated in it, constitute the entire agreement between the parties and no other terms, conditions, warranties, inducements, considerations, promises or interpretations are implied or impressed upon this Agreement that are not addressed in this Agreement. (b) No Collateral Agreements Operator acknowledges that, except only for those representations, statements or promises contained in this Agreement and any exhibits attached to it and incorporated by reference in it, no representation, statement or promise, oral or in writing, of any kind whatsoever, by the City, its officials, agents or employees, has induced Operator to enter into this Agreement or has been relied upon by Operator, including any with reference to: (i) the meaning, correctness, suitability or completeness of any provisions or requirements of this Agreement; (ii) the nature of the Services to be performed; (iii) the nature, quantity, quality or volume of any materials, equipment, labor and other facilities needed for the performance of this Agreement; (iv) the general conditions which may in any way affect this Agreement or its performance; (v) the compensation provisions of this Agreement; or (vi) any other matters, whether similar to or different from those referred to in (i) through (vi) immediately above, affecting or having any connection with this Agreement, its negotiation, any discussions of its performance or those employed or connected or concerned with it. (c) No Omissions Operator acknowledges that Operator was given ample opportunity and time and was requested by the City to review thoroughly all documents forming this Agreement before signing this Agreement in order that it might request inclusion in this Agreement of any statement, representation, promise or provision that it desired or on that it wished to place reliance. Operator did so review those documents, and either every such statement, representation, promise or provision has been included in this Agreement or else, if omitted, Operator relinquishes the benefit of any such omitted statement, representation, promise or provision and is willing to perform this Agreement in its entirety without claiming reliance on it or making any other claim on account of its omission. 167 of 793 25 Execution Version ! 10.2. Counterparts This Agreement is comprised of several identical counterparts, each to be fully signed by the parties and each to be considered an original having identical legal effect. Delivery of an executed counterpart of a signature page to this Agreement by facsimile or other electronic submission shall be effective as delivery of a manually executed original counterpart of this Agreement. 10.3. Changes, Modifications, and Amendments No change, modification, or amendment of this Agreement, or any part hereof, is valid unless stipulated in writing and signed by the parties. The City incurs no liability for Additional Services without a written amendment to this Agreement under this Article 10.3. This Article 10.3, does not apply, however, to Agreement extensions governed by Article 4.3, Agreement Extension Option. 10.4. Governing Law and Jurisdiction This Agreement is governed as to performance and interpretation in accordance with the laws of the State of Illinois. Operator irrevocably submits itself to the original jurisdiction of those courts located within the County of Cook, State of Illinois, with regard to any controversy arising out of, relating to, or in any way concerning the execution or performance of this Agreement. Service of process on Operator may be made, at the option of the City, either by registered or certified mail addressed to the applicable office as provided for in this Agreement, by registered or certified mail addressed to the office actually maintained by Operator, or by personal delivery on any officer, director, or managing or general agent of Operator. If any action is brought by Operator against the City concerning this Agreement, the action must be brought only in those courts located within the County of Cook, State of Illinois. 10.5. Severability If any provision of this Agreement is held or deemed to be or is in fact invalid, illegal, inoperative or unenforceable as applied in any particular case in any jurisdiction or in all cases because it conflicts with any other provision or provisions of this Agreement or of any constitution, statute, ordinance, rule of law or public policy, or for any other reason, those circumstances do not have the effect of rendering the provision in question invalid, illegal, inoperative or unenforceable in any other case or circumstances, or of rendering any other provision or provisions in this Agreement invalid, illegal, inoperative or unenforceable to any extent whatsoever. The invalidity, illegality, inoperativeness or unenforceability of any one or more phrases, sentences, clauses or sections in this Agreement does not affect the remaining portions of this Agreement or any part of it. 10.6. Assigns All of the terms and conditions of this Agreement are binding upon and inure to the benefit of the parties and their respective legal representatives, successors and assigns. 10.7. Cooperation Operator must at all times cooperate fully with the City. If this Agreement is terminated for any reason, or if it is to expire on its own terms, Operator must make every effort to ensure an orderly transition to another provider of the Services, if any, orderly demobilization of its own operations in connection with the Services, uninterrupted provision of Services during any transition period and must otherwise comply with the reasonable requests and requirements of the Manager’s Office in connection with the termination or expiration. 168 of 793 26 Execution Version ! 10.8. Waiver Nothing in this Agreement authorizes the waiver of a requirement or condition contrary to law or ordinance or that would result in or promote the violation of any federal, state or local law or ordinance. Whenever under this Agreement the City by a proper authority waives Operator’s performance in any respect or waives a requirement or condition to either the City’s or Operator’s performance, the waiver so granted, whether express or implied, only applies to the particular instance and is not a waiver forever or for subsequent instances of the performance, requirement or condition. No such waiver is a modification of this Agreement regardless of the number of times the City may have waived the performance, requirement or condition. Such waivers must be provided to Operator in writing. 10.9. Independent Contractor (a) This Agreement is not intended to and does not constitute, create, give rise to, or otherwise recognize a joint venture, partnership, corporation or other formal business association or organization of any kind between Operator and the City. The rights and the obligations of the parties are only those set forth in this Agreement. Operator must perform under this Agreement as an independent contractor and not as a representative, employee, agent, or partner of the City. (b) This Agreement is between the City and an independent contractor and, if Operator is an individual, nothing provided for under this Agreement constitutes or implies an employer-employee relationship such that: (i) The City will not be liable under or by reason of this Agreement for the payment of any compensation award or damages in connection with the Operator performing the Services required under this Agreement. (ii) Operator is not entitled to membership in any City Pension Fund, Group Medical Insurance Program, Group Dental Program, Group Vision Care, Group Life Insurance Program, Deferred Income Program, vacation, sick leave, extended sick leave, or any other benefits ordinarily provided to individuals employed and paid through the regular payrolls of the City. The City is not required to deduct or withhold any taxes, FICA or other deductions from any compensation provided to Operator. 10.10. Electronic Ordering and Invoices The Operator shall cooperate in good faith with the City in implementing electronic ordering and invoicing, including but not limited to catalogs, purchase orders, releases, and invoices. Operator shall accept electronic purchase orders and releases upon request of the City. Operator shall provide the City electronic catalogs, copies of invoices and other electronic documents upon request. The electronic ordering and invoice documents shall be in a format specified by the City and transmitted by an electronic means specified by the City. Such electronic means may include, but are not limited to, disks, e-mail, EDI, FTP, web sites, and third party electronic services. The City reserves the right to change the document format and/or the means of transmission upon written notice to the Operator. Operator shall ensure that the essential information, as determined by the City, in the electronic document, corresponds to that information submitted by the Operator in its paper documents. The electronic documents shall be in addition to paper documents required by this contract, however, by written notice to the Operator, the City may deem any or all of the electronic ordering and invoice documents the official documents and/or eliminate the requirement for paper ordering and invoice documents. 169 of 793 27 Execution Version ! 10.11. Participation by Other Local Government Agencies Other local government agencies may be eligible to participate in this agreement pursuant to the terms and conditions of this Contract if such agencies are authorized, by law or their governing bodies, to execute such purchases, and if such authorization is allowed by the City and the City of Chicago’s Commissioner, and if such purchases have no net adverse effect on the City or the City of Chicago, and result in no diminished services from the Operator to the user departments of the City or the City of Chicago pursuant to such purchases. Said purchases shall be made upon the issuance of a purchase order directly from the Local Government Agency. The City will not be responsible for payment of any amounts owed by any other Local Government Agencies, and will have no liability for the acts or omissions of any other Local Government Agency. ARTICLE 11. NOTICES Notices provided for in this Agreement, unless provided for otherwise in this Agreement, must be given in writing and may be delivered personally or by placing in the United States mail, first class and certified, return receipt requested, with postage prepaid, or sent by email provided that receipt of such email is electronically confirmed by non-automated reply mail, to the intended party at the address set forth below (unless notification of a change of address is given in writing): If to the City: City Manager’s Office Attn: Wally Bobkiewicz, City Manager 2100 Ridge Avenue Evanston, IL 60201 Email: wbobkiewicz@cityofevanston.org with Copies to: City of Evanston Law Department Attn: W. Grant Farrar, Corporation Counsel 2100 Ridge Avenue Evanston, IL 60201 Email: gfarrar@cityofevanston.org and: Department of Community Development Attention: Katherine Knapp 2100 Ridge Avenue Evanston, IL 60201 If to Operator: Motivate International Inc. 5202 Third Avenue Brooklyn, New York 11220 Attention: General Counsel Email: justinelee@motivateco.com Changes in these addresses must be in writing and delivered in accordance with the provisions of this Article 11. Notices delivered by mail are considered received three days after mailing in accordance with this Article 11. Notices delivered personally are considered effective upon receipt. Notice delivered by email shall be deemed delivered upon the date of email transmission. Refusal to accept delivery has the same effect as receipt. ARTICLE 12. AUTHORITY Execution of this Agreement by Operator is authorized by its Board of Directors, if a corporation, or similar governing document, and the signature(s) of each person signing on behalf of Operator have been made with complete and full authority to commit Operator to all terms and conditions of this Agreement, including each and every representation, certification and warranty contained 170 of 793 28 Execution Version ! in it, including the representations, certifications and warranties collectively incorporated by reference in it. [Signature Pages, Exhibits and Schedules follow.] 171 of 793 172 of 793 For City Council meeting of September 17, 2018 Item A13 Resolution 67-R-18, MOU with Chicago for Divvy Bikes Sponsorship For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Johanna Leonard, Community Development Director Jessica Hyink, Transportation & Mobility Coordinator Subject: Resolution 67-R-18, Memorandum of Understanding with the City of Chicago Department of Transportation to Seek Approval to Share Revenue in the Divvy Sponsorship Agreement Date: September 13, 2018 Recommended Action: The Transportation & Parking Committee and staff recommend City Council adopt Resolution 67-R-18, authorizing the City Manager to negotiate and execute a Memorandum of Understanding (MOU) with the City of Chicago for a joint advertisement agreement for sponsorship of all Divvy bicycles, with Evanston receiving a pro rata share based on the number of bicycles in the Evanston Divvy system. Livability Benefits: Built Environment: Promote diverse transportation modes Climate & Energy: Reduce greenhouse gas emissions Equity & Empowerment: Ensure equitable access to community assets Health & Safety: Promote healthy, active lifestyles Summary: The City of Evanston bike share program, Divvy Bikes, continues to have increased ridership. Following the one-year extension of Divvy last year and the priority-based budgeting process, staff has identified new sponsorship opportunities to maintain this growing program. Currently the City of Chicago receives all revenue from sponsorship of all Divvy bicycles. Prior to the City joining Divvy Bikes, the City of Chicago and Blue Cross Blue Shield of Illinois entered into an exclusive sponsorship agreement of Divvy bicycles. This agreement has prevented the City of Evanston from obtaining sponsorship of the Divvy bicycles that are located in Evanston. This sponsorship agreement comes to an end on May 1, 2019. The City of Chicago is moving forward with including the City of Evanston on a new bicycle sponsorship agreement, with the City receiving a pro rata share based on the number of bicycles in the Evanston Divvy system. Memorandum 173 of 793 The inclusion in the sponsorship program would bring significant new revenue to the program. Currently there are 110 Divvy bicycles in the Evanston system. If Council also chooses to purchase three new stations, the number of Divvy bicycles in the City would increase to 140. The City of Chicago currently receives $500 per Divvy bicycle per year. The national average for docked bicycle share sponsorship is $1000. Chicago was an early adopter of bicycle share, and its current bicycle advertisement sponsorship is low compared to the national average. The table below (Table 1) highlights the range of revenue for per bike sponsorship. If this agreement moves forward, it is anticipated that the finalized sponsorship numbers per bike would be determined in the first quarter of 2019. Table 1: Divvy Bicycle Sponsorship Revenue Per Bike Sponsor Revenue 11 Station Bike Sponsor Revenue 14 Station Bike Sponsor Revenue $500 $55,000 $70,000 $750 $82,500 $105,000 $1,000 $110,000 $140,000 $1,500 $165,000 $210,000 Background: Divvy Bike Share was launched in late June 2016. The bike share system was made possible through a grant from the Illinois Department of Transportation that was provided in 2015. The City matched this grant with $80,000 in 2015 as part of a larger growth of the Divvy bike network in Chicago and Oak Park. Sponsorships and station advertisement from Northwestern University, NorthShore University HealthSystem, Valli Produce, and Presence Saint Francis have helped in the initial set-up of the stations. Additional Revenue: In addition to bicycle sponsorship, the City may also take advantage of partnering with the City of Chicago on other types of sponsorship, including assistance with obtaining station and dock wrap sponsorship. While the City currently has an agreement for sponsorship on stations, there is no agreement for dock wrap sponsorship. Partnering with the City of Chicago may increase revenue for station sponsorship and will allow the City to obtain dock wrap sponsorship. Revenue estimates for 11 station sponsorship are in Table 2, while revenue estimates for 14 station sponsorship are in Table 3. The low estimate in both Table 2 and Table 3 are based on 2018 revenue sources, with the exception of bicycle sponsorship and dock wrap sponsorship. The low estimate for the bicycle sponsorship is based on the current City of Chicago agreement. The rational for the high estimate is provided in further detail in each table. 174 of 793 Table 2: Revenue Estimates for 11 Station System Table 3: Revenue Estimates for 14 Station System Table 4 outlines projected revenue and costs of an 11 station system and 14 station system for fiscal year 2019. The low revenue estimate less costs is likely artificially low due to the City of Chicago’s low bicycle sponsorship agreement. Assuming the City of Chicago obtains a new sponsorship agreement closer to the national average, then the City can likely anticipate a cost neutral Divvy Bikes program in 2019 with either an 11 or 14 station system. Table 4: Projected 2019 Divvy Costs and Revenue # of Station s Cost Low Revenue Estimate High Revenue Estimate Low Revenue Estimate Less Cost High Revenue Estimate Less Cost 11 $255,420 $265,750 $346,588 $10,330 $91,168 14 $325,080 $317,900 $419,220 ($7,180) $94,140 Equity: On August 23, 2018, the City launched the Divvy for Every Evanstonian program to provide $5.00 Divvy memberships to income qualifying residents. Evanston residents ages 16 and older with an annual household income at or below 185 percent of the Federal Poverty Guidelines or who receive SNAP, WIC, LIHEAP or public housing benefits now qualify for the discounted annual memberships. All annual memberships include unlimited rides of 45 minutes or less anywhere within Divvy's network. The Divvy network includes stations at grocery stores and other shopping destinations, train stations, business districts, Evanston Township High School, and Northwestern University. Legislative History: Resolution 87-R-14 Accepting Participation in the Divvy Bike Share Expansion and Authorizing the City Manager to Negotiate an Intergovernmental Agreement with City of Chicago to Implement the Program Staff recommends City Council adoption of a cost match in the amount of $80,000 to match funding provided by the State of Illinois 175 of 793 Department of Transportation is budgeted for FY 2015 in the Parking Fund Account BU: 505.19.7005.62603. Resolution 5-R-16 – Authorizing the City Manager to Negotiate and Execute an Intergovernmental Agreement with the City of Chicago for the operation of Divvy Bike Stations in Evanston. On August 29, 2018, the Transportation and Parking Committee voted to recommend the City Council authorize the City Manager to execute a MOU with the City of Chicago for a joint advertisement agreement for sponsorship of all Divvy bicycles, with Evanston receiving a pro rata share based on the number of bicycles in the Evanston Divvy system. ------------------------------------------------------------------------------------- Attachments: Resolution 67-R-18 Memorandum of Understanding with the CIty of Chicago 176 of 793 9/7/2018 67-R-18 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF CHICAGO DEPARTMENT OF TRANSPORTATION TO SEEK APPROVAL TO SHARE IN REVENUE IN THE DIVVY SPONSORSHIP AGREEMENT WHEREAS, the City of Evanston (“Evanston”) and the City of Chicago (“Chicago”) are home rule municipalities in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970, and pursuant to the authority vested as home rule municipalities, they may contract or otherwise associate among themselves, or transfer any power or function, in any manner not prohibited by law or ordinance; and WHEREAS, Chicago received grant funding totaling $28,000,000 (the “Grant Funds”) from the federal government which paid for the cost of purchase and installation of the infrastructure of a bike sharing system within Chicago (the “System”), which was supplemented by City of Chicago funds totaling approximately $6,500,000; and WHEREAS, Chicago currently serves as a fiscal agent to a portion of the Grant Funds to the City of Evanston in the amount of $320,000, (the “Evanston Pass - Through Grant”) and Evanston provided $80,000 in funds to supplement the Evanston Pass-Through Grant (the “Local Match Funds”); and WHEREAS, the City of Chicago entered into a sponsorship agreement with Blue Cross Blue Shield of Illinois for the System, which expires on May 1, 2019 and the Parties seek to permit Evanston to share in future sponsorship revenue proportionally based on its share of Evanston bikes in the System; and 177 of 793 WHEREAS, Chicago and Evanston desire to enter into a memorandum of understanding agreement to outline the parties desire to document their intention to change the division of sponsorship revenue from what was previously agreed to in the Agreement, NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Council hereby adopts the foregoing recitals as its findings, as if fully set forth herein. SECTION 2: The City Council hereby approves, pursuant to the City of Evanston’s home rule power, the Agreement in the form attached to this Resolution as Exhibit A. SECTION 3: The City Council hereby authorizes and directs, pursuant to the City’s home rule power, the City Manager to negotiate and execute, on behalf of the City, the Agreement with City of Chicago so long as the Agreement: (i) is in substantially the form attached to this Resolution as Exhibit A; and (ii) has been approved by the Corporation Counsel. SECTION 4: This Resolution shall be in full force and effect from and after its passage and approval according to law. ______________________________ Stephen H. Hagerty, Mayor Attest: _____________________________ Devon Reid, City Clerk Adopted: ________________, 2018 Approved as to form: _______________________________ Michelle L. Masoncup, Corporation Counsel 178 of 793 EXHIBIT A MEMORANDUM OF UNDERSTANDING 179 of 793 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHICAGO AND THE CITY OF EVANSTON REGARDING SPONSORSHIP REVENUE THIS MEMORANDUM OF UNDERSTANDING (“Memorandum”) is entered into as of ______________, 2018 (“Effective Date”) by and between the City of Chicago, a municipal corporation and home rule unit of government under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, by and through its Department of Transportation (the “City”), and the City of Evanston (“Evanston”). RECITALS WHEREAS, the City has installed the infrastructure of a bike sharing system within the City (the “System”); and WHEREAS, the City agreed to act as a fiscal agent for grant funds in the amount of $320,000 that were granted to Evanston in order for Evanston to acquire and operate substantially identical bicycle sharing system as the System (the “Evanston System,” and with the System, the “Entire System”); and WHEREAS, the City and Evanston entered in to an agreement governing the grant funds and revenue sharing for the Entire System in that certain Intergovernmental Agreement Between The City of Chicago and the City of Evanston Regarding the Chicago City-Wide Bike Sharing System dated February 23, 2016 (the “Agreement”); and WHEREAS, the City and Evanston wish to enter into this Memorandum to document their intention to change the division of sponsorship revenue from what was previously agreed to in the Agreement; NOW, THEREOFRE, the parties have reached the following understanding: 1. The City entered into a sponsorship agreement with the Blue Cross Blue Shield of Illinois (“BCBSIL”) that will expire on May 1, 2019 (the “Sponsorship Agreement”). Pursuant to the Agreement, the City retained all of the sponsorship revenue generated by the Sponsorship Agreement. 2. Upon the expiration of the Sponsorship Agreement, the City intends to enter into a new sponsorship agreement (the “New Sponsorship Agreement”) with BCBSIL or a different sponsor. 3. The New Sponsorship Agreement will generate revenue (the “Sponsorship Revenue”), of which the City intends to retain the percentage that is based on the number of 180 of 793 2 bikes in its System in proportion to the number of bikes in the Entire System and provide to Evanston the percentage that is based on the number of bikes in the Evanston System in proportion to the number bikes in the Entire System (the “Evanston Revenue Share”). 4. Evanston intends to receive the Evanston Revenue Share. 5. The City and Evanston both acknowledge and agree that the division of Sponsorship Revenue generated by the New Sponsorship Agreement as described herein is conditional and contingent on an amendment to the Agreement that would authorize the City to share the Sponsorship Revenue with Evanston and must be approved by the City Council of the City (“City Council”) and that this Memorandum only documents the current understanding of the parties and in no way obligates or requires the City to divide the Sponsorship Revenue as described herein unless such an amendment to the Agreement is approved by City Council. The City warrants that it will seek approval for the Evanston Revenue Share as outlined in this Memorandum; approval of the Evanston Revenue Share is in its sole discretion. 6. This Memorandum may be executed in counterparts, each of which shall be deemed an original. 7. This Memorandum shall be governed by and construed in accordance with the internal laws of the State of Illinois, without regard to its conflict of laws principles. 8. Each of the signatories hereto has read and understands this Memorandum and that person has full power and authority to enter into this Memorandum for and on behalf of the party for whom said signatory is signing. 181 of 793 3 IN WITNESS WHEREOF, each of the parties has caused this Memorandum to be executed and delivered as of the date first above written. CITY OF CHICAGO, ILLINOIS By: Name: Rebekah Scheinfeld Commissioner Department of Transportation CITY OF EVANSTON, ILLINOIS By: Name: Wally Bobkiewicz Title: City Manager 182 of 793 For City Council meeting of September 17, 2018 Item A14 Resolution 69-R-18: Lease Agreement with Impact Behavorial Health For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Erika Storlie, Assistant City Manager Subject: Resolution 69-R-18 Authorizing a Lease Renewal Agreement with Impact Behavioral Health Partners for Office Space at the Civic Center Date: September 10, 2018 Recommended Action: Staff recommends City Council adoption of Resolution 69-R-18 authorizing the City Manager to negotiate the lease of office space with Impact Behavioral Health Partners (Impact) for 24 months for 2,940 square feet of space on the ground floor of the Civic Center (Suite G310 to G651), including eleven (11) telephone lines and telephones, at the rate of $3,362.00 per month. Impact will be responsible for payment of all remaining utilities. Livability Benefits: Built Environment: Enchance public spaces Equity & Empowerment: Support quality human sevice programs Summary: Impact Behavioral Health Partners in Evanston is a non-profit organization that provides affordable supportive housing and mental health support to adults recovering from mental illnesses. The organization is currently headed by Patti Capouch. Impact Behavioral Health Partners encourages independent living and offers a safe and dignified alternative to homelessness and unnecessary institutionalization. Leasing the space to Impact Behavioral Health Partners offers several benefits including strengthening wrap-around services housed in the Civic Center and utilizing space with a City partner who has synergy with City departments. Impact Behavioral Health Partners works closely with the Health and Human Services Department and the General Assistance office allowing Evanston residents to get needed services in one location. The lease and proposed rent is similar to that of the two other existing Civic Center ground floor non-profit tenants, NW CASA & North Shore Senior Center. Impact has been a tenant in the Civic Center since 2014, previously d/b/a Housing Options. Attachments: Resolution 69-R-18 with Lease Agreement and Layout Memorandum 183 of 793 9/10/2018 69-R-18 A RESOLUTION Authorizing the City Manager to Enter into a Twenty Four Month Lease Agreement for Rooms G310-G651 at the Lorraine H. Morton Civic Center WHEREAS, the City of Evanston (“City”) owns certain real property, including the property commonly known as the Lorraine H. Morton Civic Center at 2100 Ridge Avenue, Evanston, Illinois; and WHEREAS, the City leases space in the Civic Center to organizations and groups including Housing Options for the Mentally-Ill in Evanston, Inc. d/b/a Impact Behavioral Health Partners (“Impact”), an Illinois not-for-profit corporation; and WHEREAS, the City and Impact desire to enter into lease agreement for a twenty four month term with two optional one year extensions; and WHEREAS, the City Council finds it to be in the best interest of the City to lease Civic Center commercial office space to Impact, and to negotiate and execute a lease agreement with Impact, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COUNTY OF COOK, STATE OF ILLINOIS: SECTION 1: The City Manager is hereby authorized and directed to sign, and the City Clerk hereby authorized and directed to attest on behalf of the City of Evanston, a lease for twenty four months and two optional one year 184 of 793 69-R-18 ~2~ extensions for Rooms G310-G651 by and between the City and Impact in the Lorraine H. Morton Civic Center. The lease shall be for th e following period: October 1, 2018 through September 30, 2020 with two options to renew the lease agreement for a one-year term. The lease shall be in substantial conformity with the lease marked as Exhibit 1, attached hereto and incorporated herein by reference. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional terms and conditions of the leases as may be determined to be in the best interests of the City. SECTION 3: Resolution 69-R-18 shall be in full force and effect from and after its passage and approval in the manner provided by law. ________________________________ Stephen H. Hagerty, Mayor Attest: Approved as to form: ___________________________ ___________________________ Devon Reid, City Clerk Michelle L. Masoncup, Corporation Counsel Adopted: __________________, 2018 185 of 793 69-R-18 ~3~ EXHIBIT 1 LEASE AGREEMENT 186 of 793 1 LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease") is by and between CITY OF EVANSTON, an Illinois municipal corporation and a home rule unit of the State of Illinois (the "Landlord") and HOUSING OPTIONS FOR THE MENTALLY-ILL IN EVANSTON, INC., an Illinois non- profit corporation (“Impact” or the "Tenant") for a certain office space located on the ground floor (see floor plan attached as “Exhibit 1”) of the Civic Center, 2100 Ridge Avenue, Evanston, Illinois 60201. In consideration of the rents, covenants and conditions hereafter set forth, the Landlord and Tenant hereby agree as follows: 1. BASIC LEASE PROVISIONS. In addition to the other terms which are elsewhere defined in this Lease, the following words and phrases, whenever used in this Lease, shall have the meanings set forth in this Section 1. (a) Date of Lease: October 1, 2018 (b) Landlord: The City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 (c) Tenant: Housing Options for the Mentally-Ill in Evanston, Inc. d/b/a Impact Behavioral Health Partners 1132 Florence Ave Evanston IL 60202 (d) Premises: East side of Ground Floor, G310 to G651 (Exhibit 1) (2,940 sq feet) 2100 Ridge Avenue Evanston, Illinois 60201 (e) Possession Date: October 1, 2018 (f) Lease Term: October 1, 2018 - September 30, 2020 (g) Base Rent: $3,362/per month (h) Renewal: Two one-year options to renew the lease agreement with written consent of both parties and tenant is not in default of the lease agreement. (i) Delivery of Premises: Landlord will deliver the Premises to Tenant no later than the Possession Date in “broom-clean” state with all building systems functional and in good condition and repair, except as provided herein. 187 of 793 2 (j) Real Estate Taxes and Operating Expenses: Landlord will be responsible for the payment of the real estate taxes and the costs of owning, operating, maintaining, and repairing the Building and Premises. The Landlord will not be responsible for maintaining or repairing Tenant improvements, fixtures and personal property within the Premises. (k) Utilities: Landlord will provide eleven (11) telephone lines and telephones. The Tenant will be responsible for the payment of ALL remaining utilities, including internet access (1 static IP level), electricity, gas and water and other related expenses. If applicable, the Tenant shall be responsible for any and all cell phone charges and television charges for use at the Premises. The Tenant is permitted to use the Landlord’s copy machine and will reimburse the Landlord for said use per month at the rate of $.10/per page. (l) Permitted Use: Operation of an office space devoted to providing services to the mentally ill population within the north shore suburbs of Cook County. (m) Security Deposit: No Deposit Required (n) Hazard Insurance: Landlord to procure fire and hazard insurance on the Premises. (o) Tenant Insurance: Tenant to carry commercial liability insurance and insure all equipment, and personal property, limits defined in Paragraph 7. (p) Signage: Tenant may install its signage at its own expense on the interior of the Civic Center next to their office or on the door, to be approved by Landlord and such approval not to be reasonably withheld. (q) Improvements: Any and all work necessary to move Tenant into the Premises shall be at the sole cost and expense of Tenant. The Landlord will not be providing any office furniture or other items for use by the Tenant and all office furniture and equipment will be provided by Tenant. 2. PREMISES. Landlord does hereby lease and rent to Tenant, and Tenant does hereby lease, take and rent from Landlord the Premises. The Landlord will cause the halls, corridors, and other parts of the building adjacent to the Premises to be lighted, cleaned and generally cared 188 of 793 3 for, accidents and unavoidable delays excepted. Landlord will provide heat and air-conditioning for the Premises when required by outside temperature. Tenant shall comply with such rules and regulations of the City of Evanston for the necessary, proper, and orderly care of the building in which the Premises are located. All improvements made to the Premises will be contracted and paid for by the Tenant. In addition, all improvements must be performed by an insured contractor. The City shall not be liable for any claim of any kind or in any amount for any injury to or death of persons or damage to property of Tenant or any other person that may occur during said construction. Tenant shall indemnify and hold Landlord harmless from all liability whatsoever, and from all losses, costs and expenses (including without limitation attorneys’ fees and expenses) incurred or suffered as a result of or related to any real or claimed damage or injury related to said construction of the improvements. The cost of all alterations and additions, if applicable, shall be borne by the Tenant and shall remain for the benefit of Landlord, for further detail regarding said improvements. The Tenant is granted access to the Premises Monday – Friday 7:30 a.m. to 10 p.m. and Saturday from 8:30 a.m. – 2:30 p.m. and no access on Sunday. The Tenant shall have use of the adjacent parking, common areas, loading dock access, within reason, and use of the bathroom facilities. 3. PERMITTED USE. The sole permitted use that Tenant shall use the Premises shall be for general office use and the operation of the agency with mission to provide supportive housing services to individuals with chronic mental illness (the “Permitted Use”). Tenant shall not use the Premises for any other purpose except the Permitted Use without the prior written approval of Landlord. All applicable laws, ordinances, and City policies shall be observed by the Parties in and around the Premises. The City of Evanston Municipal Code provisions are herein incorporated by reference and made a part of this Lease. 4. TERM. The term of this Lease (the ‘Term”) shall be for a period commencing on October 1, 2018 (the “Possession Date”) and ending on September 30, 2020 (the “Expiration Date”). After the Lease is terminated, the Tenant shall leave the Premises in broom clean condition and shall turn over any and all keys to the City Manager or his or her designee. Subject to Section 8 herein, and excluding damage by fire or other casualty and action of Landlord, Tenant shall pay for any and all damage to the interior of the Premises beyond normal wear and tear and shall do so within thirty (30) days of invoicing by the City. If the Tenant desires to renew the Lease for another term; the Tenant shall give Landlord sixty (60) days written notice of said intention to elect to exercise said option to renew for an additional year. Tenant is permitted to renew the Lease for two one-year options at the Base Rent specified in Paragraph 1(g). 5. RENT. Tenant agrees to pay Landlord or Landlord’s agent as rental for the Premises, the monthly Base Rent due under the terms of this Lease on the 1st day of each month. The first payment due under this Lease Agreement is due and payable on or before October 1, 2018 (“Rent Commencement”). Payments shall be made payable to: City of Evanston and mailed to: City of Evanston, Attn: Erika Storlie, 2100 Ridge Avenue, Evanston, IL 60201. 6. TENANT IMPROVEMENTS. Tenant shall construct all renovations pursuant to build out plans agreed to by Landlord and Tenant. The tenant improvements are the sole cost and expense of Tenant with no right of reimbursement by Landlord. Tenant will obtain an endorsement and Certificate of Insurance naming the Landlord as an additional insured from 189 of 793 4 Tenant’s carrier and all contractors during the construction of the Premises Improvements and any other renovation or construction at the Premises in an amount of at least $1 million general aggregate coverage for any one accident, and $100,000.00 property damage. 7. NO LIENS. Tenant shall not permit to be created nor to remain undischarged any lien, encumbrance or charge to become, a lien or encumbrance or charge upon the Premises by any of Tenant’s creditors or resulting from leasehold improvements. If any lien or notice of lien on account of an alleged debt of Tenant or any notice of contract by a party engaged by Tenant or Tenant’s contractor to work in the Premises shall be filed against the Premises, Tenant shall, within sixty (60) days after notice of the filing thereof, cause the same to be discharged of record by payment, deposit or bond or obtain title insurance over the same. If Tenant shall fail to cause such lien or notice of lien to be discharged by either paying the amounts claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings or obtain title insurance over the same, Landlord shall be entitled, if Landlord so elects, to defend any prosecution of an action for foreclosure of such lien and any money reasonably paid by Landlord and all reasonable costs and expenses, including attorneys’ fees, reasonably incurred by Landlord in connection therewith, together with interest thereon at shall be paid by Tenant to Landlord within thirty (30) days following Tenant’s receipt of Landlord’s written demand. In the event Tenant diligently contests any such claim of lien, Tenant agrees to indemnify, defend, and hold harmless Landlord from any and all reasonable out of pocket costs, liability and damages, including attorneys’ fees resulting therefrom, and, if requested, upon demand, Tenant agrees to immediately deposit with Landlord cash or surety bond in form and with a company reasonably satisfactory to Landlord in an amount equal to the amount of such contested claim. 8. TENANT INSURANCE OBLIGATIONS. Tenant shall, at the time of signing the Lease and during the entire term hereof, keep in full force and effect a Comprehensive General Liability policy in the amount of Five Hundred Thousand and no/100 Dollars ($500,000.00) with respect to the Premises, with provisions reasonably acceptable to Landlord, and the activities of Tenant in the Premises and which shall cover its fixtures and equipment within the Premises. The Tenant shall furnish copies of a Certificate of Insurance with the Landlord named as an additional insured with an insurance company acceptable to the Landlord. The Tenant shall furnish, when requested, a certified copy of the policy to the Landlord. An insurance company having less than an “A” Policyholder’s Rating by the Alfred M. Best Company will not be considered acceptable. 9. PERSONAL PROPERTY AND WAIVER OF SUBROGATION. Tenant shall be responsible for insuring all or its own personal property and equipment of Tenant, and equipment located on the Premises. Notwithstanding anything to the contrary contained herein, The Landlord and Tenant shall not be liable to the other for any loss or damage caused by water damage or any of the risks that are or could be covered by a standard all risk hazard insurance policy with an extended coverage endorsement, or for any business interruption, and there shall be no subrogated claim by one party’s insurance carrier against the other party’s carrier arising out of any such loss. 10. QUIET ENJOYMENT. Landlord hereby covenants and agrees that if Tenant shall perform all the covenants and agreements on Tenant’s part to be performed, Tenant shall at all 190 of 793 5 times during the Term have the quiet enjoyment and possession of the Premises. 11. CERTAIN RIGHTS RESERVED TO LANDLORD. In addition to those rights identified above, Landlord reserves the following rights: (a) to decorate, remodel, repair, alter or otherwise prepare the Premises for re- occupancy if Tenant should permanently vacate the Premises during or prior to the last sixty (60) days of the Term or any part thereof; (b) to retain pass keys to the Premises; (c) to take any and all measures, including, without limitation, inspections, repairs, and alterations to all or any part of the Premises, as may be necessary or desirable for the safety, protection or preservation of the Premises or Landlord's Interests or as may be necessary or desirable in the operation of the commercial portions of the Premises; and Landlord may enter upon the Premises with reasonable notice to tenant and may exercise any or all of the foregoing rights hereby reserved without being deemed guilty of an eviction or disturbance of Tenant’s use or possession and without being liable in any manner to Tenant. Landlord agrees that it shall not interfere with the Tenant's use and occupancy unless Landlord determines in its reasonable discretion that such interference is necessary. 12. DEFAULT REMEDIES. (a) Any one of the following events shall be deemed to be an event of default hereunder by Tenant subject to Tenant's right to cure: (1) Tenant shall fail to pay rent within five (5) days, at the time and place when and where due; (2) Tenant shall fail to maintain the insurance coverage as set forth herein and cannot cure the default in ten (10) days; (3) Tenant shall fail to comply with any term, provision, condition or covenant of this Lease or Service Agreement, other than the payment of Rent, and shall not cure, or commence the good faith cure of any such failure, within thirty (30) days after written notice to the Tenant of such failure, provided that if such cure cannot be effected within 30 days, Tenant shall not be in default hereunder so long as Tenant commences such cure or has requested bids for such cure within 45 days and diligently pursues the completion and in good faith and Tenant does subsequently cure said default within 60 days; and (4) Tenant shall make a general assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy, or shall be adjudicated as bankrupt or insolvent, or shall file a petition in any proceeding seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any 191 of 793 6 present or future statute, law or regulation, or shall file an answer admitting, or fail timely to contest, the material allegations of a petition filed against it in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Tenant or any material part of it’s properties. (b) Upon the occurrence of any event of default, Landlord shall have the option to pursue any one or more of the following remedies subject to the laws of the State of Illinois and the Tenants right to cure: (1) Terminate this Lease, in which event Tenant shall immediately surrender the Premises to Landlord, but if Tenant fails to do so, Landlord may, without further notice and without prejudice to any other remedy Landlord may have for possession or arrearages in Rent or damages for breach of contract, enter upon the Premises and expel or remove Tenant and its effects, by force, if necessary, without being liable to prosecution or any claim for damage herefore; and Tenant agrees to Indemnify Landlord for all loss and damage which Landlord may suffer by reason of such lease termination, whether through inability to re-let the Premises, or through decrease in Rent, or otherwise. In the event of such termination, Landlord may, at its option, declare the entire amount of the Rent which would become due and payable during the remainder of the Term to be due and payable immediately, in which event Tenant agrees to pay the same at once, together with all Rent theretofore due, provided, however, that such payments shall not constitute a penalty or forfeiture or liquidated damages, but shall merely constitute payment in advance of the Rent for the remainder of the Term. (2) Landlord may recover from Tenant upon demand all of Landlord's costs, charges and expenses, including the fees and costs of counsel, agents and others retained by Landlord which have been incurred by Landlord in enforcing Tenant's obligations hereunder, subject to Landlord prevailing on its claims. (c) Pursuit of any of the foregoing remedies shall not preclude pursuit of any other remedy herein provided or available to Landlord at law or in equity, or constitute a forfeiture or waiver of any Rent due hereunder or of any damages suffered by Landlord. 13. INDEMNITY. Tenant agrees that the mayor, department and divisions officials, officers, agents, attorneys, and employees of the Landlord shall not be liable for any claim of any kind or in any amount for any injury to or death or persons or damage to property of Tenant or any other person. Tenant shall indemnify and hold Landlord harmless from all liability whatsoever, and from all losses, costs and expenses (including without limitation attorneys' fees and expenses) incurred or suffered as a result of or related to any real or claimed damage or injury related to Tenant's negligence, gross negligence, or acts of intentional misconduct. In the event that Tenant is named as a defendant in any legal proceeding arising from any acts of gross negligence or intentionally wrongful acts of Landlord for any injury or any claimed damage occurring at the Premises, then Landlord shall indemnify and hold Tenant harmless from all liability whatsoever, and from all losses, costs and expenses (including without limitation attorneys' fees and expenses) incurred or suffered as a result of or related to any real or claimed damage or injury provided that a) Landlord is named as a defendant in the legal proceeding; b) 192 of 793 7 the claim arises from acts of gross negligence or intentional misconduct by the Landlord; c) Tenant’s own negligent act or intentional misconduct; and d) the claim is unrelated to Tenant's use and occupancy of the Premises, subject to Section 8 herein. 14. LIABILITY FOR ACTS OR NEGLECT. Subject to Section 8 hereof, and excluding damage by fire or casualty, if any damage to the Premises, or any part thereof, results from any. act or neglect of Tenant or its invitees or other guests, agents, customers, invitees or other guests of it’s customers, or employees, independent contractors, or the like, Tenant shall immediately repair the same; provided, however, that Landlord may, at its option, repair such damage and Tenant shall, upon demand by the Landlord, reimburse the Landlord forthwith for the total cost of such repairs. All personal property belonging to Tenant shall be at the sole risk of the Tenant and such other person only and the Landlord shall not be liable for damage, theft or misappropriation thereof. 15. DESTRUCTION OR DAMAGE. In the event of destruction of or damage to, the Premises by fire or other casualty, Landlord shall use the proceeds of its insurance to promptly rebuild and restore the Premises to their condition immediately prior to such destruction or damage. Landlord shall rebuild and restore the Premises to the condition of the Premises that existed on the Possession Date. In the event that the proceeds have been applied to indebtedness secured by any mortgage on the Premises, or are otherwise unavailable or the proceeds of insurance are not sufficient to pay for the cost of rebuilding or restoration, and Landlord elects not to make an equivalent amount of funds available to rebuild and restore the Premises, then Landlord or Tenant may terminate this Lease and the Parties rights hereunder and the Parties shall be released of its obligations and this Lease shall cease and terminate as of the date the other Party receives written notice of such election, and neither party hereto shall have any further obligation to the other. 16. CONDEMNATION. (a) If the whole or any part of the demised Premises shall be taken by any public authority under the power of eminent domain, the Lease term shall cease as of the day of possession shall be taken by such authority if such is of the entire demised Premises and any rents shall be prorated as of said date. If the entire premises are not taken, but such taking is more than 20% of the Premises the Tenant shall have the option to terminate this lease. If the taking is less then 20% and such taking would cost the tenant monies to reconfigure/ restructure the business premises or make it not practical to continue said business, tenant shall have the option to terminate the lease upon 30 days written notice to Landlord. (b) All compensation awarded for any taking under the power of eminent domain, whether in whole or in part of the demised premises shall be the property of the landlord, however, the landlord shall not be entitled to any award made expressly to the tenant for the taking of the tenant's business value, furniture, fixtures or leasehold improvements (exclusive of the Landlord's contributions). 17. ATTORNEYS' FEES AND EXPENSES. If at any time during the Term of this Lease 193 of 793 8 either Landlord or Tenant shall institute any action or proceeding against the other relating to the provisions of this Lease, or any default hereunder, each party to pay its own attorneys fees and costs. 18. ENTIRE AGREEMENT. This Lease contains the entire agreement of the parties with respect to the Premises and no representations or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. No failure of Landlord to exercise any power given Landlord hereunder or to insist upon strict compliance by Tenant of any obligation hereunder, and no custom or practice at variance with the terms hereof, shall constitute a waiver of Landlord's right to demand strict compliance with the terms hereof. 19. TIME. Time is of the essence of this Lease, and of each term, condition and provision hereof. 20. HOLDING OVER. Upon termination of this Lease, by lapse of time or otherwise, Tenant shall surrender the Premises (and all keys thereto) in the same condition as at commencement of the Term, excepting only reasonable wear and tear and loss by insured casualty. If Tenant remains in possession after expiration of the Term, Tenant agrees to yield up immediate and peaceable possession to Landlord, and if failing to do so, in connection with the expiration of the Term or any termination hereof by the Parties, the Tenant shall pay the sum of one hundred fifty and no/100 Dollars ($150.00) per day, for the time such possession is withheld. The Landlord or its legal representative at any time after the expiration of the Term, without notice, to re-enter the Premises, and to expel, remove and put the Tenant or any person(s) occupying the said Premises, using such force as may be necessary, and to repossess and enjoy the Premises against as before this Lease, without prejudice to any remedies which might otherwise be used for arrears of rent or breach of covenants; or in cases the said Premises shall be abandoned, deserted, or vacated and remain unoccupied five days consecutively, the Tenant hereby authorizes and requests the Landlord to re-enter the Premises and remove all property found therein, regardless of ownership, place them in some regular storage warehouse or other suitable storage, at Tenant’s expense, for no more than forty-five days, and to proceed to re-rent the Premises at the Landlord’s option and discretion and apply all money so received after paying the expenses of removal toward the rent accruing under this Lease. This request shall not be construed as requiring compliance therewith on the part of the Landlord. If the Tenant shall fail to pay the rent at the times, place and in the manner above provided, and the same shall remain unpaid five (5) business days after the day whereon the same should be paid, the Landlord by reason thereof shall be authorized to declare the term ended and the Tenant hereby agrees that the Landlord, its agents or assigns may begin suit for possession and/or rent. In the event of re-entry and removal of the articles found on the Premises and personally owned by Tenant or others, the Tenant hereby authorizes and requests the Landlord to sell the same at public or private sale within fifteen (15) days after storage time period provided above. The proceeds of said sale shall be applied to the expenses of storage, removal, sale expenses and back due rent. 21. ASSIGNMENT AND SUBLETTING. This Lease shall bind and inure to the benefit of each of the parties, their respective heirs, successors, and assigns; provided however, that Tenant shall not assign its interest under this lease or sublet all or any portion of the Premises without 194 of 793 9 first obtaining Landlord's prior written consent in writing, which consent will not be unreasonably withheld. No assignment or sublease shall relieve Tenant of its obligation to pay rent or perform other obligations required by this lease unless Landlord agrees in writing at the time the assignment is made, and no consent to one assignment or subletting shall be consent to any further assignment or subletting. Notwithstanding the foregoing, Tenant shall have the right to assign this Lease or sublet the Premises to any parent, subsidiary, or affiliate of Tenant, including any successor to Tenant by merger. 22. SEVERABILITY. If any term, covenant or condition of this Lease or the application thereof to any person or circumstance shall be determined to be invalid or unenforceable to any extent, neither the remainder of this Lease nor the application of such term, covenant or condition to any other person or circumstance shall be affected thereby, and each term, covenant or condition of this Lease shall be valid and enforceable to the fullest extent permitted by law. 23. TENANT SIGNAGE. Tenant agrees that any signage installed on the Premises will comply in all respects with applicable governmental requirements and Tenant will obtain and pay the cost of any required sign permits. Any and all signage, bulletins, posters must be reviewed and approved by the Landlord, prior to Tenant posting the same. 24. GOVERNING LAW AND TIME LIMITATION. This Lease shall be construed and enforced in accordance with the laws of the State of Illinois. All disputes relating to the interpretation and enforcement of the provisions of this Lease shall be resolved exclusively by the federal or state court located in Cook County, Illinois, and the parties hereto hereby submit to the jurisdiction and venue of the court for such purpose. 25. NOTICES. Notices sent to the Landlord, should be mailed to the address set forth in Paragraph 1(b) of this Lease and notice to the Tenant should be mailed to the address set forth in Paragraph 1(c) of this Lease. A mailed notice is must be sent via certified mail, return receipt requested and effective three (3) business days after deposit in the U.S. Mail. Notice given by overnight courier is effective upon delivery. 26. REPRESENTATIONS OF LANDLORD. Landlord hereby represents to Tenant that: (a) Landlord is the owner of the Premises and no mortgage or similar instrument affects the Premises; and (b) to the Landlord’s knowledge, the Premises may lawfully be used for the Permitted Use under applicable laws. [SIGNATURES ON FOLLOWING PAGE] 195 of 793 10 IN WITNESS WHEREOF, both of said Landlord and Tenant have caused this Lease to be fully executed as of the date that the City executes this Agreement. City of Evanston, a home rule unit of local government located in Cook County, Illinois By: Wally Bobkiewicz, City Manager Date: ____________________, 2018 Housing Options for the Mentally-Ill in Evanston, Inc., an Illinois not-for-profit corporation By: Name: Its: 196 of 793 11 EXHIBIT 1 GROUND FLOOR PLAN 197 of 793 198 of 793 For City Council meeting of September 17, 2018 Item A15 Resolution 62-R-18 Contract with Hoffman House Catering for Senior Congregate Meal program 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 Karen Hawk, Assistant Director Community Services Subject: Resolution 62-R-18 - Renewal of Contract Award to Hoffman House Catering for Senior Meal Food Program Date: September 17, 2018 Recommended Action: Staff recommends City Council adoption of Resolution 62-R-18 authorizing the City Manager to execute renewal contract with Hoffman House Catering (1530 Hubbard Ave., Batavia, IL) to provide a senior meal congregate program at the Levy Senior Center and Fleetwood-Jourdain Community Center for a period of October 1, 2018 through September 30, 2019 in the not–to-exceed amount of $4.80 per lunch meal. Total meal program contract value is projected at $43,543.00. Funding Source: This is a reimbursement meal program in which the total amount of reimbursement the City will receive and expenses is solely dependent upon the number of lunches served and varies depending on the levels of participation. The program will be reimbursed through a grant from Age Options, the regional coordinator of federal funds dispersed for programs in the Older Americans Act and donations received from attendees at the meal program. The City’s estimated reimbursement is calculated using the highest daily participation level stated in our application. Funding for this program is budgeted in the Fleetwood-Jourdain and Levy Center meal program expenditure accounts. Meal program food expenditure budgeted amount to caterer Maximum grant reimbursement to revenue account From Age Options Fleetwood-Jourdain 100.30.3040.65025 $5,600 $5,972 Levy Senior Center 100.30.3055.65025 $35,000 $37,571 Total $40,600 $43,543 Memorandum 199 of 793 Livability Benefits: Equity and Empowerment: Support quality human service programs Health & Safety: Provide access to fresh, healthful foods Summary: Age Options issued a bid to provide meals at all suburban Cook County sites in the program in 2015. Meal providers were invited to respond to the bids and provide food costs; the type of meals provided and background information on their company. The selection came after extensive collaboration between Age Options and City staff that included reviewing caterer proposals, hosting caterer visits at our sites, tasting food at the tasting receptions and participating in multiple phone calls. The selected caterer is Hoffman House and the price per meal is $4.42 per congregate meal and $4.80 per deli bar meal. The deli bar is offered only on Tuesdays and Thursdays at Levy Center. This renewal is from the 2015 bid process with Hoffman House as the selected caterer. Attachments: Resolution 62-R-18 . 200 of 793 8/24/2018 62-R-18 A RESOLUTION Authorizing the City Manager to Execute an Agreement With Hoffman House Catering for Senior Meal Food Programs at the Levy Center and Fleetwood-Jourdain Community Center WHEREAS, the City of Evanston has made it a priority to focus on providing for a comfortable and high standard of living for seniors through activities and events; and WHEREAS, the Parks, Recreation and Community Services Department strives to provide activities and opportunities to seniors; and WHEREAS, AgeOptions, the regional coordinator of federal funds, will reimburse the City through a grant for meals provided to seniors; and WHEREAS, AgeOptions issued bids to provide meals at all suburban Cook County sites, and the selected caterer Hoffman House Catering; and WHEREAS, for the period of October 1, 2018 through September 30, 2019, Hoffman House Catering will provide lunch meals to seniors at the Levy Senior Center and Fleetwood-Jourdain Community Center at a cost not-to-exceed $4.80 per meal; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the foregoing recitals are hereby found as fact and incorporated herein by reference. 201 of 793 62-R-18 ~2~ SECTION 2: That the City Manager is hereby authorized to sign, and the City Clerk herby authorized to attest, on behalf of the City of Evanston, the contract attached hereto as Exhibit A, incorporated herein by reference. SECTION 3: That this Resolution 62-R-18 shall be in full force and effect from and after its passage and approval in the manner provided by law. ______________________________ Stephen H. Hagerty, Mayor Attest: _____________________________ Devon Reid, City Clerk Adopted: ________________, 2018 202 of 793 62-R-18 ~3~ EXHIBIT A Contract with Hoffman House Catering 203 of 793 Page 1 AGREEMENT THIS AGREEMENT (“Agreement”) is entered into by and between the City of Evanston, an Illinois municipal corporation with offi ces located at 2100 Ridge Avenue, Evanston, Illinois 60201 (the “City”) and Smigo Management Group Inc., an Illinois Corporation, d oing business as Hoffman House Catering with offices located at 1530 Hubbard Ave. Ste. D Batavia, Illinois 60510 (“Vendor”). The City and Vendor shall be c ollectively referred to herein as the “Parties.” 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 Agreem ent. This Agreement can be signed in multiple counterparts and signature may be electronic or digital upon agreement of the Parties. 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 and the Effective Date shall be the date that the City executes the Agreement (“Effective Date”). VENDOR CITY OF EVANSTON (Vendor Name) Hoffman House Catering Group Smigo Management Group Inc. (Procuring Department Name) Parks, Recreation Community Services Signature Official Signature Printed Name Jim Smigo Printed Name Wally Bobkiewicz Title Manager / Owner Date Title City Manager Date Address 1530 Hubbard Ave Ste D, Batavia, IL 60510 Designee Signature Printed Name Lawrence Hemingway Phone (630) 406-0330 Fax Title Director Parks, Recreation and Community Services jwshhhcatering@sbcglobal.net Address 2100 Ridge, Evanston IL 60201 CITY USE ONLY NOT PART OF CONTRACTUAL PROVISIONS PBC# Project Title Contract # Procurement Method (IFB, RFP, Small, etc): Ref. # Publication Date: Award Code: Funding Source Obligation # Approval: Signature Printed Name Date Phone E-mail Subcontractor Utilization? Yes No Subcontractor Disclosure? Yes No 204 of 793 Page 1 1. TERM AND TERMINATION 1.1 TERM OF THIS AGREEMENT: This Agreement has an initial term of October 1, 2018 through September 30, 2019. 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 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 materi al 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. 1.3 TERMINATION FOR CONVENIENCE: The City may, for its convenience and with sixty (60) days prior written notice to Vendor, termi nate 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. 2. DELIVERY OF PROGRAM MEALS: Deliveries will be made to Levy Senior Center located at 300 Dodge Avenue, Evanston, IL, Monday – Friday at 11:00am, no earlier than one-half (1/2) hour prior to 10:00am and no later than one-half hour (1/2) after 10:30am (11:00 am). Deliveries will be made to Fleetwood-Jourdain Community Center located at 1655 Foster, Evanston, IL, Wednesdays at 11:30 am, no earlier than one-half (1/2) hour prior to 10:30am and no later than one-half hour (1/2) after 11:00am (11:30am). The Agency reserves the right to increase or decrease the number of sites, times and days of deliveries upon ten (10) consecutive days notice to the Contractor. 2.1 CONDITION OF THE FOOD DELIVERED BY VENDOR: Milk and/or other food delivered by the Vendor that is found to be spoiled, crushed, or otherwise not fit to be served, will not be passed for payment unless promptly exchanged prior to serving meal by the Vendor (See Attachment A). If the Vendor does not react to the above mentioned notification, milk and/or food supply will be disposed of without responsibility to the Agency. Milk carriers used to deliver cartons of milk should be sufficient size and strength to hold the contents properly without crushing when handled in a normal manner. Milk and juice will be delivered in eight (8) ounce serving cartons. At least fifty (50) of meals and no more than twenty-five percent (25%) of meals shall be of a modified menu diet. All meals will be low sodium and fat controlled. The modified (therapeutic) meals will be appropriate for diabetics. 2.2 OTHER CONDITIONS FOR VENDOR: Provide disposables e.g.; napkins; straws; salt, pepper, sugar, substitutes; and other condiments as appropriate to the meal. Must deliver hot foods at one hundred-forty (140) degrees Fahrenheit or higher and cold foods at or below forty-one (41) degrees Fahrenheit as required by the Illinois Department on Aging and AgeOptions. All food delivery carriers must maintain the proper temperature for the required time the food is in the carrier. Food delivered by the Vendor that is found to be spoiled, crushed, or otherwise not fit to be served will not be paid for by the City of Evanston unless the Vendor promptly exchanges the food prior to serving time. Make recipes available upon request to any authorized representative of the Agency, AgeOptions, or the Federal Government. Arrange with the Site Supervisor a schedule of special menus and shall specify additional costs. Provide refrigeration or warming units contingent upon necessity. Be in compliance with all local, state, and federal requirements governing food sanitation. 205 of 793 Page 2 Vendor will deliver the specified number of daily meals and supplies as ordered by the City of Evanston. The Vendor shall not require the City of Evanston to order a minimum number of meals for any serving day. City of Evanston reserves the right to change the number of meals as late as the day prior to the date of delivery. City of Evanston will not be held financially liable for order changes made within agreed timeframe. Furnish needed food service training in sanitation, portion control, etc. to the Site Manager and volunteers. Furnish reports as required to Agency, AgeOptions officials, along with the Illinois Department on Aging, and the USDA Food Distribution Agency. Officials have the right to inspect food production sites, recipes and purchase orders. Retain records for Audit purposes at least three (3) years. Comply with Title VI and Title VII of the Civil Rights Act of 1964, in regard to employment practices and persons served. 2.3 Vendor Records: The signed order receipts will be submitted with the Vendor’s monthly billing to the City. Shortages or omissions will be not ed by the Site Staff on the order receipts. The Vendor shall submit invoices at least monthly to the City. The invoices shall indicate the total number of meals delivered and accepted during the period being billed with a backup listing of the Sites, total meals and total days on which deliveries were made during the billing period. All invoices shall show a summary of service as follows: a). The daily number of meals ordered and delivered, as well as the total number of meals and the total cost for the period. A second copy of the invoice should be retained by the Vendor. b). Total credits or debits due should be billed from the total bill. c). If commodities are used, total credits or debits should be deducted from the total bill from each invoice. The Vendor shall maintain the following records for the sponsor: a) Production records, including quantities and amounts of food used in preparation of each meal and food component of menus; b) Standardized recipes and yield from recipes; c) Processed product nutritional analysis; d) Dates of preparation of meals; e) Number of meals and locations where meals were delivered; f) Signed delivery slips; g) Nutritional content of individual food items and meals as delivered; and h) Food and bid specifications 2.4 REQUIRED MENU AND PLANNING APPROVAL PROCESS At Least Three Months Before Menu Cycle Starts – Vendor develops and writes cycle menus At Least Two Months Before Menu Cycle Starts – Vendor meets with nutrition providers, individually or collectively, to review the cycle menu and multi month/planned calendar/roll-out menus, including special menus, holidays and holiday celebration menus At Least Six Weeks Before Menu Cycle Starts – Vendor completes multi month/ planned/rollout menus for review by nutrition providers At Least Six to Four Weeks Before Menu Cycle Starts – Cycle menu submitted to AgeOptions for certification/approval by AgeOptions Dietitian At Least Six to Four Weeks Before Menu Cycle Starts – Multi month/planned/rollout menus with holiday menus and special celebrations submitted to AgeOptions for review by AgeOptions Dietitian Within the Four Weeks Before Menu Cycle Starts – AgeOptions Dietitian evaluates menus and returns to caterer and nutrition provider with comments, suggested revisions or approval Within the Four Weeks Before Menu Cycle Starts – If revisions are required, caterer sends revised menus sent back to AgeOptions Dietitian for certification and approval First Day of Menu Cycle – Menus begin 206 of 793 Page 3 Sample Timeline for Required Menu Planning and Approval Process for Vendor Contracts Starting in October TASK DUE DATE RESPONSIBLE PERSON(S) Develop and write cycle menus July 1 Vendor Vendor meets with nutrition providers, individually or collectively, to review the cycle menu and multi month/planned calendar/roll-out menus. Include special menus, holidays and holiday celebration menus. By August 1 Vendor and Nutrition Providers Complete multi month/ planned/rollout menus for review by nutrition providers By August 15 Vendor Submit cycle menu for certification/approval by AgeOptions Dietitian August 15 - September 1 By September 1, at the latest Vendor Submit multi month/planned/rollout menus with holiday menus and special celebrations for review by AgeOptions Dietitian August 15 - September 1 By September 1, at the latest Vendor Menus evaluated and returned to caterer and nutrition provider with comments, suggested revisions or approval As soon as possible after September 1 AgeOptions Dietitian Revised menus sent back to AgeOptions Dietitian, if revisions are required Before October 1 Vendor Menus begin October 1 Vendor and Nutrition Provider 2.5 MENU SPECIFICATIONS REQUIREMENTS: (See Attachment A) Each meal provided through the nutrition program must comply with the most recent Dietary Guidelines for Americans, published by the United States Secretary of Health and Human Services and the Secretary of Agriculture; and provide each participant for the category including sixty-five (65) to seventy-five (75) year old women a minimum of thirty-three (33) one-third percent (1/3 %) of the Dietary Reference Intakes (DRI) as established by the Food and Nutrition Board of the Institute of Medicine of the National Academy of Sciences. Attachment A provides the current Nutrition Standards for menus written under the terms of this agreement. Each meal shall meet the following minimum requirements: EACH meal must provide: One (1) Serving lean meat or meat alternate: Three (3) ounces of edible cooked meat, fish, fowl, eggs or meat alternate Two (2) Servings vegetables: Half (½) cup equivalent – may serve an additional vegetable instead of a fruit One (1) Serving fruit: Half (½) cup equivalent – may serve an additional fruit instead of a vegetable Two (2) Servings grain, bread or bread alternate, preferably whole grain: for example, two (2) slices of whole grain or enriched bread one (1) ounce each or one (1) cup cooked pasta or rice One (1) Serving fat free or low fat milk or milk alternate: One (1) cup equivalent Margarine and dessert are optional and must be counted in the calories, fat and sodium totals, if served in addition to above components. 2.6 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 $ 43,543.00 2.7 VENDOR / STAFF SPECIFICATIONS: The Vendor shall be required to submit quarterly inspection reports of the food preparation sites in which all meals for the program are prepared. 207 of 793 Page 4 2.8 ASSIGNMENT AND SUBCONTRACTING: 2.8.1 This Agreement may not be assigned, transferred in whole or in part by Vendor without the prior written consent of the City. 2.8.2 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 XXXX No 2.8.3 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 2.8.4 Vendor shall obtain approval from the City prior to hiring any additional or substitute subcontractors during the term of this Agreement. Vendor shall provide to the City a draft subcontractor agreement for review and approval prior to the execution of the subcontract. Subcontractor 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. 2.8.5 All subcontracts must include the same certifications that Vendor must make as a condition of this Agreement. 2.9 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 Value of services performed at this location Location where services will be performed Value of services performed at this location 2.10 SCHEDULE OF WORK: Vendor will deliver up to two hundred (200) meals per day, Monday through Friday at the Levy Senior Center located at 300 Dodge Avenue, Evanston, IL, and Wednesday at the Fleetwood-Jourdain Community Center located at 1655 Foster Street, Evanston, IL (with the exception of the following nine holidays). The holidays are as follows: Thanksgiving Day and Friday following (November 22 and 23, 2018) Christmas Eve (December 24, 2018) Christmas Day (December 25, 2018) New Year’s Day (January 1, 2019) Martin Luther King Day (January 21, 2019) Memorial Day (May 27, 2019) Independence Day (July 4, 2019) Labor Day (September 2, 2019) The Vendor assures the Agency of availability of personnel from the Vendor to staff the operations and provide supervisory staff in the preparation of food. In the event of a vehicle breakdown or other contingencies, the vendor must be able to dispatch replacement trucks to assure delivery of meals that may be stranded en route within one half (½) hour past regular serving time. Should the main preparation plant become inoperative, alternate sources of supply must be available. 208 of 793 Page 5 2.11 WARRANTIES FOR SUPPLIES AND SERVICES: 2.11.1 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 losse s, costs, damages or expenses, including without limitations, reasonable attorney’s fees and expenses, arising from failure of the supplies to meet such warranties. 2.11.2 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. 2.11.3 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 performance s 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. 2.12 REPORTING, STATUS AND MONITORING SPECIFICATIONS: 2.12.1 Vendor shall immediately notify the City of any event that may have a material impact on Vendor’s ability to perform the Agreement. 2.13 Availability of Funds The total number of meals provided by the Vendor shall not exceed the total number of meals set forth in the City’s budget, s ubject to adjustments determined by the City and AgeOptions. AgeOptions has the option to cancel the contract contingent upon funding from the federal and state governments for the program. AgeOptions must receive sufficient funds from the Illinois Department on Aging to meet the total obligations for the period October 1, 2016 to September 30, 2017. In addition, there must not be any administrative, legislative order, judicial order, rule or law which requires a change in this or related decision made by AgeOptions. The City shall have the option to cancel this contract if the Federal government withdraws funds to support the Congregate Meal Program by giving the Vendor forty-eight hour written notice. It is further understood that, in the event of cancellation of the contract, the City shall be responsible for meals that have already been assembled and delivered in accordance with this contract. 2.14 Emergencies In the event of unforeseen emergency circumstances, the Vendor shall immediately notify the City by telephone of the following; (1) the impossibility of on-time delivery; (2) the circumstance(s) precluding delivery; and (3) a statement of whether or not succeeding deliveries will be affected. No payments will be made for deliveries made later than 40 (forty) minutes after specified meal time. Emergency circumstances at the site precluding utilization of meals are the concern of the City. The City may cancel orders provided they give the Vendor at least 48 hours notice. Adjustments for emergency situations affecting the Vendor’s ability to deliver meals, or City’s ability to utilize meals, for periods longer than 24 hours will be mutually worked out between the Vendor and the City. 3. PRICING 3.1 METHOD AND RATE OF COMPENSATION: The City will compensate Vendor for the initial term as follows: Hourly Monthly Annually Project Item (show unit of measure and rate) 3.2 TYPE OF PRICING: Pricing under this Agreement is Firm $4.42 per congregate meal and $4.80 per deli bar meal Estimated 209 of 793 Page 6 3.3 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. 3.4 DISCOUNT: % discount for payment within days of receipt of invoice 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 via email to timcarter@cityofevanston.org 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. 3.7.5 The total number of meals provided by the Vendor shall not exceed the total number of meals set forth in the City’s budget, s ubject to adjustments determined by the City and AgeOptions. AgeOptions and the City shall have the option to cancel the contract contingent upon funding from the federal and state governments for the program. AgeOptions must receive sufficient funds from the Illinois Department on Aging to meet the total obligations for the period October 1, 2018 to September 30, 2019. In addition, there must not be any administrative, legislative order, judicial order, rule or law which requires a change in this or related decision made by AgeOptions. 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. 210 of 793 Page 7 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: 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”) 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. The foregoing obligations shall not apply to confid ential data or information lawfully in the receiving Party’s possession prior to its acquisition from the disclosing Party; received in good faith from a third-party not subject to any confidentiality obligation to the disclosing Party; now is or later becomes publicly known through no breach of confidentiality obligation by the receiving Party; or is independently developed by the receiving Party without the use or benefit of the disclosing Party’s confidential information. 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 timeframe required by FOIA. 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 appoin ted 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 perfo rmance 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. 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 limitations 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. 211 of 793 Page 8 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 Vendor 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 cancel ed 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 venture 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. 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: 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 contract dispute. 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. 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. 212 of 793 Page 9 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. 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. 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. 213 of 793 Page 10 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 Vendor certifies it has not been convicted of bribing or attempting to bribe an officer or employee of the City or any other City, nor has Vendor made an admission of guilt of such conduct that is a matter of record (30 ILCS 500/50-5). 5.5 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). 5.6 Vendor certifies that it and its affiliates are not delinquent in the payment of any debt to the City. 5.7 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). 5.8 Vendor certifies it has not been convicted of bid rigging or bid rotating or any similar offense (720 ILCS 5/33 E-3, E-4). 5.9 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). 5.10 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. 5.11 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 the same or similar financial terms and circumstances for comparable goods or services, the more favorable terms will be applicable under this Agreement. 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 x x x 214 of 793 Page 11 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. 7. SUPPLEMENTAL PROVISIONS 7.1 City Supplemental Provisions Definitions Required Federal Clauses, Certifications and Assurances ARRA Requirements (American Recovery and Reinvestment Act of 2009) Public Works Requirements (construction and maintenance of a public work) (820 ILCS 130/4) Prevailing Wage (820 ILCS 130/1 et seq.) M/W/EBE Subcontracting Requirements Other (describe) 7.2 Vendor Supplemental Provisions 215 of 793 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: 216 of 793 For City Council Meeting of September 17, 2018 Item A16 Resolution 59-R-18, IGA with Village of Winnetka for use of Training Tower 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 59-R-18, Inter-Governmental Agreement with the Village of Winnetka for the use of their Training Tower for EFD Community Engagement Programs Date: September 17, 2018 Recommended Action Staff recommends that the City Council adopt Resolution 59-R-18 authorizing the City Manager to execute an inter-governmental agreement with the Village of Winnetka for the limited use of their training tower for Evanston Fire Department community engagement programs. Livability Benefits: Health and Safety: • Improve emergency prevention and response • Enhance resiliency to natural and human hazards Background A primary goal for both the Citizen Fire Academy and Fire Explorer programs is to allow interested community members to learn more about the Evanston Fire Department through class room and hands-on training opportunities. As such, both groups have the need for the occasional use of a fire training facility in order to allow participants to practically learn about the skills, techniques and equipment utilized by the Evanston Fire Department. At the present time, we do not have access to a training tower facility within reasonable proximity to the City to meet program needs and the department would like to continue to offer the full breadth and scope of both of these valuable community engagement programs. In the spirit of intergovernmental cooperation, the Village of Winnetka and the Winnetka Fire Department are kindly offering the use of their training tower for these programs at no contracted cost to the City of Evanston. Attachments Resolution 59-R-18, with IGA and Citizen Participation Agreement Memorandum 217 of 793 8/31/2018 59-R-18 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT TO USE THE VILLAGE OF WINNETKA FIRE TRAINING TOWER WHEREAS, the City of Evanston (“Evanston”) and the Village of Winnetka (“Winnetka”) are home rule municipalities in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., authorize and encourage intergovernmental cooperation; and WHEREAS, Winnetka is the record title owner of the property commonly known as the Village of Winnetka Public Works Facility located at 1390 Willow Road (“Public Works Facility”), which Public Works Facility includes a fire training tower (“Training Tower”) for use by Winnetka Fire Department and its partner municipalities (“Partner Municipalities”) to train, perform, or observe simulated fire rescue functions in conditions that simulate real fire conditions (“Training Activities”); and WHEREAS, Evanston desires to be a Partner Municipality, and granted permission for Evanston firefighters and Evanston residents the ability to enter, occupy, and use the Public Works Facility, the Training Tower, and all appurtenances to the Training Tower (collectively, the “Village Fire Training Facilities”) in order to perform the Training Activities; and WHEREAS, the Parties desire to enter into the attached intergovernmental agreement to set forth the rights and obligations of Evanston and 218 of 793 Winnetka with respect to the Village Fire Training Facilities and the Training Activities (“Agreement”); and WHEREAS, the Evanston City Council have determined that it will serve and be in the best interest of the City to enter into the Agreement with Winnetka; NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Recitals. The City Council hereby adopts the foregoing recitals as its findings, as if fully set forth herein. SECTION 2: The City Council hereby approves, pursuant to the City of Evanston’s home rule power, the Agreement in the form attached to this Resolution as Exhibit A. SECTION 3: The City Council hereby authorizes and directs, pursuant to the City’s home rule power, the City Manager and the City Clerk to execute and seal, on behalf of the City, the Agreement with Village of Winnetka so long as the Agreement: (i) is in substantially the form attached to this Resolution as Exhibit A; and (ii) has been approved by the Corporation Counsel. SECTION 4: This Resolution shall be in full force and effect from and after its passage and approval according to law. ______________________________ Stephen H. Hagerty, Mayor Attest: _____________________________ Devon Reid, City Clerk Adopted: ________________, 2018 Approved as to form: _______________________________ Michelle L. Masoncup, Corporation Counsel 219 of 793 EXHIBIT A INTERGOVERNMENTAL AGREEMENT 220 of 793 1 INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE OF WINNETKA AND THE CITY OF EVANSTON TO USE FIRE TRAINING TOWER THIS INTERGOVERNMENTAL AGREEMENT (“AGREEMENT”) is made and entered into as of the _______ day of _______, 20____ (“Effective Date”), and is by and between the VILLAGE OF WINNETKA (“Village”), an Illinois municipal corporation, and the CITY OF EVANSTON (“User”) (collectively “Parties”). IN CONSIDERATION OF, and in reliance upon, the recitals and the mutual covenants set forth in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties mutually agree as follows: SECTION 1. RECITALS. A. The Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of local government to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance. In addition, the provision of the Intergovernmental Cooperation Act, (5 ILCS 220/1 et seq.), authorize and encourage intergovernmental cooperation. B. The Village is the record title owner of the property commonly known as the Village of Winnetka Public Works Facility and located at the address commonly known as 1390 Willow Road in the Village (“Public Works Facility”), which Public Works Facility includes a fire training tower (“Training Tower”) for use by the fire departments of the Village and its partner municipalities, such as the User, to train, perform, or observe simulated fire rescue functions in conditions that simulate real fire conditions (“Training Activities”). C. User, from time to time, desires to enter, occupy, and use the Public Works Facility, the Training Tower, and all appurtenances to the Training Tower (collectively, the “Village Fire Training Facilities”) in order to perform the Training Activities for its employees and citizen fire safety courses. D. In the spirit of intergovernmental cooperation, the Village desires to grant User permission to enter, occupy, and use the Village Fire Training Facilities when the Village itself does not require their use or in conjunction with Training Activities performed jointly by the Village and the User. E. The Parties desire to enter into this Agreement to set forth the rights and obligations of the Village and User with respect to the Village Fire Training Facilities and the Training Activities. SECTION 2. USE AND CARE OF THE VILLAGE FIRE TRAINING FACILITIES. A. Terms of This Agreement. The Parties acknowledge and agree that this Agreement and the terms and conditions contained herein shall govern any time User enters, occupies, or uses the Village Fire Training Facilities for the purpose of performing any Training Activities. B. Damage to Village Fire Training Facilities. User agrees to pay for any damage to, or repairs necessary for, the Village Fire Training Facilities or to any other property of the Village that is caused by User’s employees, residents, agents, volunteers, or other representatives (collectively, the “User Representatives”). Per the Illinois Local Government Prompt Payment Act, the User shall pay for all damage within 60 days upon receiving notice from the Village. 221 of 793 2 C. Modifications to Village Fire Training Facilities. User shall not make any modifications or repairs to any of the Village Fire Training Facilities without the prior written approval of the Village. D. Vacation and Restoration of Village Fire Training Facilities. User agrees to vacate the Village Fire Training Facilities on a date and time agreed upon by the Parties. Notwithstanding the foregoing, User agrees to immediately vacate the Village Fire Training Facilities upon request of the Village. User agrees that it has no holdover rights in any of the Village Fire Training Facilities. Upon vacation of the Village Fire Training Facilities by the User, the User agrees to restore the Village Fire Training Facilities into the same condition that they were in when it was first entered by the User, except for such normal wear and tear as is to be expected from customary use of the Village Fire Training Facilities. E. Assumption of Risk. User acknowledges and agrees that it is User’s responsibility to inspect the Village Fire Training Facilities before entering, occupying, or using them, and in entering, occupying, or using the Village Fire Training Facilities, User acknowledges that the Village Fire Training Facilities are in good repair, working condition, and fully operational, and that there are no defects to the Village Fire Training Facilities. User assumes all risks of damages to property or injuries, including, without limitation, any illnesses, serious bodily injury, or death caused by User’s entrance into or occupation or use of the Village Fire Training Facilities. User covenants and agrees that in entering into this Agreement and by entering, occupying, and using the Village Fire Training Facilities, the Village Fire Training Facilities are provided "AS-IS, Where-IS" and Village is not representing, guaranteeing, or in any way being held responsible for the condition of the Village Fire Training Facilities, nor is the Village making any representations as to the suitability of the Village Fire Training Facilities for any intended purpose. F. Knowledge of Use and Safety Procedures. User warrants that whomever enters, occupies, or uses the Village Fire Training Facilities, including but not limited to the User Representatives: (i) shall enter, occupy, and use the Village Fire Training Facilities with due care; (ii) is properly trained and in possession of any required licenses to operate the Village Fire Training Facilities; (iii) has read any applicable instruction manuals and safety instructions; (iv) and is aware of any and all safety equipment and procedures that should be worn or used for safe use of the Village Fire Training Facilities. G. Execution of Participation Agreement By Non-Employee User Representatives. User agrees that, before any User Representative who is not an employee of the User (“Non-Employee User Representative”) may enter, occupy, or use the Village Fire Training Facilities or perform any Training Activities, such Non-Employee User Representative must first execute the Participation Agreement attached to and by reference made a part of this Agreement as Exhibit A (“Participation Agreement”). H. Compliance With Laws. User and User Representatives shall enter, occupy, and use the Village Fire Training Facilities and perform the Training Activities strictly in accordance with all federal, state, and local laws, rules, regulations, policies, and procedures, including any rules, regulations, policies, or procedures of the Village specifically pertaining to the entrance into or the occupation or use of any of the Village Fire Training Facilities or the performance of any Training Activities. User acknowledges and agrees that it is responsible for: (i) supervising the User Representatives at all times during User’s entrance into or occupation or use of the Village Fire Training Facilities and performance of any Training Activities; and (ii) ensuring that the User Representatives abide by the terms of this Agreement, including but not limited to the required execution of the Participation Agreement in accordance with Section 2.G of this Agreement by any Non-Employee User Representative that User desires to enter, occupy, and use the 222 of 793 3 Village Fire Training Facilities and perform the Training Activities before that Non-Employee User Representative may enter, occupy, or use the Village Fire Training Facilities or perform any Training Activities. I. No Operation by Contractors. Notwithstanding anything to the contrary contained in this Agreement, User shall not permit any contractor to enter, occupy, or use the Village Fire Training Facilities. SECTION 3. HOLD HARMLESS A. Insurance. User shall secure and maintain at all times during its entrance into and occupation and use of the Village Fire Training Facilities general liability insurance, and vehicle insurance of a type that covers the applicable class of any emergency vehicles or other vehicles used in performing the Training Activities at the Village Fire Training Facilities in types and amounts sufficient to protect User against any and all claims for injury or loss arising out of or related to the entrance into or occupation or use of the Village Fire Training Facilities by User. All such User insurance policies shall name the Village, its boards, committees, agents, and employees as additional insureds and this coverage shall be the primary insurance for such parties with respect to claims arising out of or related to the entrance into and occupation and use by the User of the Village Fire Training Facilities. User further agrees that any damage or claims arising during or as a result of User’s entrance into, occupation or use of the Village Fire Training Facilities shall, in the sole discretion of the Village, be filed with User’s insurance carriers, and not the insurance carriers of the Village. B. Risk of Loss. User assumes and bear the entire risk of partial or complete loss, theft, damage, destruction, condemnation, requisition, or other interruption or termination of occupation or use of the Village Fire Training Facilities from any cause whatsoever, whether or not insured against, from the date and time of entrance into the Village Fire Training Facilities until the Village Fire Training Facilities is vacated and restored by the User. In the event that the Village Fire Training Facilities or any portion thereof are lost, stolen, destroyed, or damaged while being occupied or used by the User, User shall immediately notify the Village. C. Indemnification. User agrees to indemnify and hold harmless the Village against all damages, liability, claims, losses, and expenses (including attorneys' fee) that may arise, or be alleged to have arisen, out of or in connection with User’s entrance into or occupation or use of the Village Fire Training Facilities by the User Representatives, or the failure of the User or any User Representatives to abide by the terms or representations of this Agreement. D. Limitation of Liability. The Parties covenant and agree that: (i) the Village shall not be liable for any consequential, special, incidental or indirect damages under this Agreement; and (ii) no elected or appointed official, or employee of the Village shall be personally liable, in law or in contract, to User as the result of this Agreement. E. Release. User hereby fully and forever releases, waives, discharges, and covenants not to sue the Village or its officials, officers, employees, agents, or representatives regarding any and all claims, demands, damages, rights, or actions or causes of action, present or future, whether the claims are known, anticipated, or unanticipated, resulting from or arising out of the entrance into or occupation or use of the Village Fire Training Facilities, for any property damage, injury, illness, loss, liability, damages, or costs (each a “Claim” and collectively “Claims”). 223 of 793 4 SECTION 4. GENERAL TERMS AND CONDITIONS A. Assignment. User shall not assign its rights or responsibilities under this Agreement except upon the express prior written consent of the Village. B. No Property Interest. It is specifically agreed and understood that this Agreement is for permissive, temporary use only and that the exercise of the rights and privileges granted in this Agreement shall not operate to create or vest any property right in and to the Village Fire Training Facilities or any portion thereof in User. C. Termination. Either Party may terminate this agreement at any time by providing the other Party written notice; provided, that User shall not be permitted to terminate this Agreement while occupying or using any of the Village Fire Training Facilities and that Sections 2.E, 3.B, 3.C, 3.D, and 3.E shall survive termination. D. Amendments and Modifications. No amendment or modification to this Agreement shall be effective unless and until it is reduced to writing and approved and executed by the Parties to this Agreement in accordance with all applicable statutory procedures. E. No Third-Party Beneficiaries. This Agreement is for the sole benefit of User and the Village, and no other party shall be deemed a third-party beneficiary hereof, and accordingly, no third-party shall have the right to enforce the provisions of this Agreement. No claim as a third-party beneficiary under this Agreement by any person, firm, or corporation shall be made or be valid against the Village and its employees, officers, members, officials, agents, attorneys, and representatives. The person signing this Agreement on behalf of the User is properly authorized by the User to sign this Agreement and bind the User to all provisions of this Agreement. Dated this _______ day of ___________, 20___. VILLAGE OF WINNETKA CITY OF EVANSTON By: By: Its: Its: 224 of 793 Exhibit A-1 EXHIBIT A PARTICIPATION AGREEMENT 225 of 793 Exhibit A-2 PARTICIPATION AGREEMENT I, ________________________________ (“Non-Employee User Representative”), represent and warrant that I am a resident, agent, volunteer, or other representative of the CITY OF EVANSTON of _______________________ (“User”) who is not an employee of the User and is seeking to enter, occupy, and use property (“Property”) owned by the Village of Winnetka (“Village”), which Property includes, without limitation, a fire training tower, training facilities, equipment, fixtures, and appurtenances thereto, to train, perform, or observe simulated fire rescue functions in conditions that simulate real fire conditions (“Training Activities”) pursuant to the Intergovernmental Agreement entered into between the Village and the User as of as of _________________, 20____. I acknowledge that the Training Activities are high-risk activities, and hereby agree to assume the risk of any injuries, including death, and of any property loss, and of all expenses, costs, damages, and losses that I may sustain as a result of my performance of any and all activities associated with the Training Activities. In consideration of the Village granting me permission to enter, occupy, and use the Property, I agree to seek relief and any other recompense from the User and not the Village in the event that I suffer any injury, property loss, or any other expenses, costs, damages, and losses as a result of my performance of the Training Activities or my entrance, occupation, and use of the Property. I have read and fully understand this Participation Agreement and execute it of my own free will and without any reservation whatsoever. __________________________________ _________________________________ Print Name of Non-Employee User Representative Date __________________________________ Signature of Non-Employee User Representative 226 of 793 For City Council meeting of September 17, 2018 Item A17 Resolution 70-R-18, Harbert Park Renovations OSLAD Grant Application For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Lara Biggs, P.E., Bureau Chief – Capital Planning / City Engineer Stefanie Levine, P.L.A, Senior Project Manager Subject: Resolution 70-R-18 – Harbert Park Renovations OSLAD Grant Application Date: September 17, 2018 Recommended Action: Staff recommends approval of Resolution 70-R-18 authorizing the City Manager to Sign a Resolution of Authorization as part of an Open Space and Land Acquisition and Development (OSLAD) grant application to the Illinois Department of Natural Resources (IDNR) for the Harbert Park Renovations Project. Although the City has been a past recipient of the OSLAD grant, this is the first time in several years that the grant program has been accepting applications. Funding Source: If awarded, funding for this project will be from a variety of funding sources already proposed for Harbert Park Improvements in the 2019 budget, including 2018 Good Neighbor Funds, the Neighborhood Improvement Reserve Fund, and the 2019 General Obligation Bonds. Detailed information is noted below: Funding Source Budgeted Amount 2018 Good Neighbor Fund $100,000 Neighborhood Improvement Reserve Fund $100,000 2019 General Obligation Bond $120,000 Total $320,000 Livability Benefits: Built Environment: Enhance public spaces; Address indoor and outdoor air quality and light pollution Climate & Energy: Improve energy and water efficiency Health & Safety: Promote healthy, active lifestyles Memorandum 227 of 793 Background: The OSLAD grant program provides municipalities and park districts with up to 50% matching funds up to a maximum of $400,000 to develop outdoor recreation areas. OSLAD grant applications for the 2018 cycle are due to the IDNR on or before October 1, 2018. Grant awards are typically announced in the spring following submission. Grant associated improvements must be completed within two years of grant award. Located east of the North Shore Channel between Main and Dempster Streets, staff has identified Harbert Park as a good candidate for this grant program. Harbert Park contains a number of recreational components in need of renovation including a deteriorated basketball court, deteriorated playground and older security lighting. Additionally, neighborhood residents have requested installation of a picnic shelter for community use. Up until several years ago, the OSLAD program was released annually. More recently however, this grant program was suspended, making it impossible for staff to predict its release. The grant opportunity was released publicly on July 31, 2018. As a result, project selection was limited to items already within the City’s 2019 CIP. Staff evaluated several potential projects with IDNR staff including athletic lighting at James Park, artificial turf fields at Robert Crown and improvements to Harbert Park. During that consultation, IDNR staff indicated that the Harbert Park project presented the City’s best opportunity for potential grant award. The IDNR’s recommendation to pursue the Harbert Park project over the others discussed was based on both the intended scope of work and the knowledge that Harbert Park is located in a majority low/moderate neighborhood with a high minority population. The 2019 CIP currently identifies $320,000 in funding for renovations at Harbert Park. The currently proposed funding will address needed renovations to the basketball court and picnic shelter only. By submitting an OSLAD grant application to the IDNR, the project’s scope can be increased to include renovations to the playground and upgrades to the security lighting system. Therefore, staff recommends approval of Resolution 70- R-18 authorizing the City Manager to sign the OSLAD grant application’s Resolution of Authorization. Attachments: Resolution 70-R-18 228 of 793 9/10/2018 70-R-18 A RESOLUTION Authorizing the City Manager to Submit a Grant Application for State Funding through the Open Space Land Acquisition and Development Grant Program WHEREAS, the City of Evanston leases property along the North Shore Channel from the Metropolitan Water Reclamation District of Greater Chicago; and WHEREAS, the subject leased parcel is a 13.5 acre portion that lies between Dempster Street and Main Street, east of the North Shore Channel and commonly referred to as “Harbert Park”; and WHEREAS, Harbert Park contains a basketball court, playground, picnic shelter, and other associated site furnishings which all need significant renovations and/or replacement to bring the park back to a high quality standard for users of Harbert Park (the “Project”) for a total project cost of $640,000; and WHEREAS, the City of Evanston wishes to apply for state funds through the Open Space Land Acquisition and Development (OSLAD) Grant Program, which would provide fifty percent (50%) of the funding, $320,000, necessary for this Project and therefore the City portion of funding is also $320,000; and WHEREAS, the City Council of the City of Evanston has determined it is in the best interests of the City to apply for the OSLAD grant for state funding to fulfill the aforementioned Project goal, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: 229 of 793 70-R-18 ~2~ SECTION 1: The City Manager is hereby authorized to sign and submit all necessary application documents for the OSLAD grant to fund the Harbert Park renovation project. SECTION 2: The City Manager is also authorized and directed to negotiate and execute any additional documents required for the grant application as he may determine to be in the best interests of the City. SECTION 3: That this Resolution 70-R-18 shall be in full force and effect from and after its passage and approval in the manner provided by law. _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Adopted: __________________, 2018 Approved as to form: _______________________________ Michelle L. Masoncup, Corporation Counsel 230 of 793 For City Council meeting of September 17, 2018 Item A18 Resolution 66-R-18: Approval of Easement for Replacement of Reservoir For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: David Stoneback, Public Works Agency Director Paul Moyano, Senior Project Manager Michelle Masoncup, Corporation Counsel Subject: Resolution 66-R-18 – Approval of Easement Agreement for Replacement of Water Reservoir Date: September 12, 2018 Recommended Action: Staff recommends City Council adoption of Resolution 66-R-18 authorizing the City Manager to execute an easement agreement with Northwestern University to provide for a temporary construction easement for the removal of the existing reservoir and installation of the new reservoir. The easement agreement also establishes a long term easement agreement between the parties for the underground reservoir to be located below Northwestern University property. Livability Benefits: Built Environment: Improve energy and water efficiency Summary: Northwestern owns the property at the southwest corner of Lincoln Street and Campus Drive, east of Sheridan Road. The property is approximately 1.15 acres and is improved with the City’s underground reservoir that stores up to 5 Million gallons of treated water, which was constructed in 1934 pursuant to an easement agreement between the parties dated January 22, 1934. The current reservoir is in a deteriorated state and must be replaced. The easement agreement presented for your review and approval provides two easements, one for construction and the permanent long term easement for 95 years. The construction easement provides the right to dismantle, disassemble and remove the existing reservoir and construct and install the new reservoir and all underground systems, including electric and other related control systems, underground pipes and vaults. Memorandum 231 of 793 Page 2 of 2 The project will be bid soon and projected to take 21 months to construct. Following construction, the reservoir will ensure safe storage of treated water for the residents of Evanston and Evanston wholesale water customers: Village of Skokie, the Northwest Water Commission, the Morton Grove Niles Water Commission and the Village of Lincolnwood. Attachments: Resolution 66-R-18 Easement Agreement 232 of 793 9/6/2018 66-R-18 A RESOLUTION Authorizing the City Manager to Negotiate and Execute an Easement Agreement with Northwestern University for the Replacement of the Underground Water Storage Reservoir at Lincoln Street and Campus Drive WHEREAS, Northwestern is the owner of certain real property at the southwest corner of Lincoln Street and Campus Drive, east of Sheridan Road, Evanston, Illinois, which is legally described in Exhibit 1 to Easement Agreement attached to this Resolution as Exhibit A (the “Property”); and WHEREAS, The Property is approximately 1.15 acres and is improved with an underground reservoir that stores up to 5 Million gallons of water (the “Existing Reservoir”), which was constructed in 1934 pursuant to that certain easement agreement between the parties dated January 22, 1934 and recorded at Book 31189, Page 483 in the Office of the Cook County Recorder of Deeds (the “1934 Easement”); and WHEREAS, City desires to dismantle and reconstruct the Existing Reservoir and replace the same with a new reinforced concrete reservoir (the “New Reservoir”) for storage of water (such removal of the Existing Reservoir and construction of the New Reservoir, the “Project”); and WHEREAS, City operates a water utility service and a water plant directly north of the Property; and WHEREAS, City wishes to obtain (i) a temporary easement for the Project for removal of the Existing Reservoir and the construction and installation of the New 233 of 793 66-R-18 ~ 2 ~ Reservoir (the “Construction Easement”), and (ii) an easement on and under the Property for the purpose of use, maintenance and repair of the New Reservoir, all on the terms set forth in the attached agreement as Exhibit A hereof; and WHEREAS, the City Council hereby finds that the best interests of Evanston are served by entering into the attached easement agreement with Northwestern University to ensure that the City can continue to provide water to its residents and customers for many years to come, NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Manager is hereby authorized to execute the Easement Agreement with Northwestern University, attached hereto as Exhibit A, the terms are incorporated herein by reference. SECTION 2: The City Manager is hereby authorized to negotiate any additional conditions of the Easement Agreement as he may determine to be in the best interests of the City and in a form acceptable to the Corporation Counsel. SECTION 3: That this Resolution 66-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, Corporation Counsel 234 of 793 66-R-18 ~ 3 ~ EXHIBIT A Easement Agreement 235 of 793 1 2655700.7 This space reserved for Recorder’s use only. MAIL TO: CITY OF EVANSTON ATTN: CORPORATION COUNSEL 2100 RIDGE AVENUE EVANSTON, IL 60201 RESERVOIR EASEMENT AGREEMENT THIS RESERVOIR EASEMENT AGREEMENT (“Easement Agreement”) is made as of ____________________, 2018 (the “Effective Date”), by and between NORTHWESTERN UNIVERSITY (“Northwestern”) and CITY OF EVANSTON (“City”) (each referred to herein as “Party” or, collectively, as “the Parties”). R E C I T A L S A. Northwestern is the owner of certain real property at the southwest corner of Lincoln Street and Campus Drive, east of Sheridan Road, Evanston, Illinois, which is legally described in the Plat of Easement attached as Exhibit 1 and incorporated herein (the “Property”). The Property is approximately 1.15 acres and is improved with an underground reservoir that stores up to 5 Million gallons of water (the “Existing Reservoir”), which was constructed in 1934 pursuant to that certain easement agreement between the parties dated January 22, 1934 and recorded at Book 31189, Page 483 in the Office of the Cook County Recorder of Deeds (the “1934 Easement”). B. City desires to dismantle and reconstruct the Existing Reservoir and replace the same with a new reinforced concrete reservoir (the “New Reservoir”) for storage of water (such removal of the Existing Reservoir and construction of the New Reservoir, the “Project”). C. City operates a water utility service and a water plant directly north of the Property. D. City wishes to obtain (i) a temporary easement for the Project in the area crosshatched on Exhibit 2 attached hereto (the “Construction Easement Area”) for removal of the Existing Reservoir and the construction and installation of the New Reservoir (the “Construction Easement”), and (ii) an easement on and under the Property crosshatched on Exhibit 1 attached hereto (the “Continuing Easement Area”, and together with the Construction Easement Area, the “Easement Areas”) for the purpose of use, maintenance and repair of the 236 of 793 2 2655700.7 New Reservoir (the “Continuing Easement”, and together with the Construction Easement, the “Easements”), all on the terms set forth in Section 1 hereof. NOW, THEREFORE, in consideration of the foregoing Recitals, which are hereby incorporated in and made a part of this Easement Agreement as if fully set forth below, the mutual agreement of the parties hereto and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Construction Easement. a. From the Commencement Date until the Completion Date (each as hereinafter defined) (the “Construction Period”), Northwestern hereby grants to City the temporary non-exclusive right to enter the Construction Easement Area to, dismantle, disassemble and remove the Existing Reservoir (the “Removal Work”), and construct and install the New Reservoir and all underground and surface appurtenances thereto, including electric and other related control systems, underground pipes, and vaults (the “Installation Work”, and together with the Removal Work, the “Construction Activities”) on the terms set forth in this Easement Agreement. The Construction Easement includes and confers upon City the (i) right to bring any materials and equipment upon the Construction Easement Area reasonably necessary, in accordance with generally accepted construction industry standards then in effect with respect to similar projects, to perform the Construction Activities, and (ii) right of access for construction vehicles over street, roadways, driveways and parking areas located within the Construction Easement Area on the terms set forth in this Easement Agreement. Northwestern shall have the right to enter the Construction Easement Area in the event of an emergency during the Construction Period. b. City shall commence the Construction Activities within twenty-four (24) months of the Effective Date. The date on which the Construction Activities begin shall hereinafter be referred to as the “Commencement Date”. The Construction Activities within the easement will be completed within twenty-one (21) months of the Commencement Date (such date, the “Completion Date”, and the period between the Commencement Date and the Completion Date, the “Construction Period”). The City’s agreement with the contractor will include provisions for liquidated damages if construction within the easement continues for more than 21 months, and incentive payments if construction is completed early. c. The removal of the Existing Reservoir and the construction and installation of the New Reservoir shall be performed and completed in accordance with Plans and Specifications (as hereinafter defined) prepared by or at the direction of City, at City’s sole expense, a preliminary version of which (the “Preliminary Plans and Specifications Requirements”) shall be provided to Northwestern for its review and approval no less than one hundred eighty (180) days prior to the Commencement Date (as hereinafter defined), and the Preliminary Plans and Specifications shall set forth on the attached Exhibit 3. d. Northwestern may review and consider in connection therewith all matters involved with the Preliminary Plans and Specifications, including, without limitation, engineering and design characteristics, aesthetic considerations, and potential impact on its Evanston, IL campus. Within thirty (30) days after submission of all required Preliminary Plans 237 of 793 3 2655700.7 and Specifications to Northwestern, Northwestern shall notify City in writing of any comments and proposed revisions to the Preliminary Plans and Specifications. The Parties will work together to achieve a solution with respect to any issues with the Preliminary Plans. The University will not unreasonably withhold approval and, with respect to the engineering and design characteristics of the reservoir itself, final approval rests with the City of Evanston. Any disapproval shall set forth the general reason or reasons for such disapproval and any conditional approval shall specifically state the conditions that must be satisfied in order to procure Northwestern’s approval. No Construction Activities shall be commenced until the receipt of Northwestern’s written approval of the Preliminary Plans and Specifications (as so approved in full, the “Plans and Specifications”). Notwithstanding the foregoing, in no event shall Northwestern be required to review particular piecemeal submissions. e. If Northwestern provides comments and requests revisions to any part of the Preliminary Plans and Specifications, City will consider revisions to the Preliminary Plans and Specifications to incorporate Northwestern's required changes and shall deliver two (2) sets of the revised Preliminary Plans and Specifications to Northwestern. The City will provide any updated plans to Northwestern for further review of the revised Preliminary Plans and Specifications and provided an opportunity to provide additional feedback and review. . f. Neither Northwestern nor its past, present or future agents, attorneys, tenants, partners, employees, trustees, directors, administrators, affiliates, successors or assigns (the “Northwestern Parties”) shall have any liability whatsoever to any person or City (i) as a result of the review of any Preliminary Plans or Specifications as provided herein, or with respect to any defects, omissions, inconsistencies, or shortcomings contained in the Preliminary Plans and Specifications, in the Plans and Specifications, in the removal of the Existing Reservoir, or in the New Reservoir or other improvements removed or constructed or made in accordance with the Plans or Specifications; (ii) in connection with the performance of the duties or rights of Northwestern as provided herein. g. City shall cause the Construction Activities to be (i) completed in accordance with the Plans and Specifications approved by Northwestern as set forth above, and performed in a good and workman like manner, and in compliance with all applicable governmental authorities, public bodies and other entities having jurisdiction, and all applicable laws, codes, ordinances, rules and regulations of such authorities, including all zoning laws and building codes, and including the Americans with Disabilities Act of 1990 (collectively, “Applicable Laws”), and (ii) completed in accordance with Northwestern’s fencing and signage standards, to be provided to the City by Northwestern prior to execution of this Agreement. City shall not place any signage on any property owned by Northwestern, including the Easement Areas, without Northwestern’s prior written approval of the substance, design, and location of the signs. City’s Contractor will secure all licenses and permits from governmental authorities, public bodies and other entities necessary for the Project, and no Construction Activities shall be commenced on the Property unless and until City delivers to Northwestern a true and correct copy of the building permits therefor evidencing compliance with Applicable Laws. City shall, at all times, require that the contractor or subcontractors take any and all safety measures required under good construction practices to protect the Property and City’s employees, agents, licensees, and invitees (the “City Parties”) and City’s contractors and subcontractors of all tiers working on the Project (the “City’s Contractors”) from injury or damage caused by or resulting 238 of 793 4 2655700.7 from the performance of the Construction Activities or any other work. The City will require that the Contractor maintain a comprehensive Health and Safety Program meeting the requirements of the Safety, Health, and Emergency Response section of the Specifications. h. City shall ensure that the City’s Contractors keep the Easement Areas and the Property and every part thereof free and clear of any and all liens and encumbrances for work performed by City, or on City's behalf, on the Easement Area, provided that the City’s Contractors may contest any such liens in good faith using appropriate legal proceedings. i. City shall minimize any disruption or inconvenience to Northwestern (or the area of its campus surrounding the Property) caused by the Construction Activities, and shall provide for the safety and convenience of Northwestern’s employees, students, visitors, licensees and invitees. City agrees not to conduct any Construction Activities within the construction easement prior to 8:00 a.m. Chicago time. During academic breaks set forth on Exhibit 4, the Parties agree that construction may commence at 7:00 a.m. Chicago Time and continue overnight with the approval of Northwestern. Northwestern acknowledges that the west lane of Campus Drive will be closed during construction and cannot be opened for any of the events outlined on Exhibit 4. The Parties will also meet and confer to develop workouts for unique circumstances during the Project and handle on case by case basis. These circumstances include but not limited to items set forth on Exhibit 4 such as: graduation and critical parts of the Project in which overnight work is necessary. In the event that any of the City Parties or the City’s Contractors unreasonably interferes with Northwestern’s ability to conduct its business in the area surrounding the Property, Northwestern shall have the right to require that City immediately replace any such disruptive City Parties or City’s Contractors. Notwithstanding the foregoing but subject to the terms of this Section 1(i), Northwestern agrees that (i) the western lane of North Campus Drive immediately adjacent to the Construction Easement Area shall be impacted during the entire Construction Period, including the need to close the westernmost (inbound) lane and restrict traffic patterns to one lane, and (ii) North Campus Drive shall be fully closed between 7 p.m. and 5 a.m. during critical construction activities, provided, however, that all full closures shall be coordinated with Northwestern no less than ten (10) business days prior to any such full closure to accommodate the academic schedule, other University activities, and other constraints such as emergency response vehicle access to the campus, (iii) North Campus Drive will be fully closed for up to a 5-day period for up to 5 occurrences during critical construction activities (examples of work requiring extended shutdown include: sheetpile installation, connection to existing water main on Lincoln, electrical ductbank, and repaving curb and gutter), provided, however, that no such full closures shall occur prior to June 1, 2019 and all such full closures shall be coordinated with Northwestern no less than ten (10) business days prior to any such full closure to accommodate the academic schedule, other University activities, and other constraints such as emergency response vehicle access to the campus, and (iv) in no event shall any Construction Activities occur, on the days (or during the time periods, as applicable) set forth on Exhibit 4 attached hereto and made a part hereof, and such additional dates as provided by Northwestern. During the Construction Period, City will cause City’s Contractor’s to provide adequate flaggers at the construction site along North Campus Drive, at the intersection of Lincoln and Sheridan and, when it opens in Spring 2019, flaggers at the East and West ends of North Tech Drive. The City will cause Contractor flaggers to provide a safe and orderly traffic and walking environment for motorists, pedestrians, and bikers throughout the entire Construction Period. The City agrees to meet and confer with the University to develop 239 of 793 5 2655700.7 workouts and solutions should issues arise during the Project and will direct its Contractor to address as agreed between the Parties. j. Except for the utilities shown to be removed in the Plans and Specifications, the City agrees to ensure that the City’s Contractors protect all existing utility and other facilities within and serving the Property, including, but not limited to, water system and appurtenances, sewer system and appurtenances, street light and traffic signal systems and appurtenances, and fiber optic system and appurtenances. Notwithstanding the foregoing, if City shall relocate, damage, or remove any utilities belonging to Northwestern within or serving the Property (or cause any of the foregoing to be done), it shall restore and, on or before the Completion Date, replace such utilities at no cost to Northwestern. Prior to the removal of any utilities, City shall notify Northwestern no less than ten (10) business days prior to such removal, and shall, at Northwestern’s request, during the period that such utilities are removed or damaged and not fully restored, provide to Northwestern an alternative source for the subject utility. k. Following the Installation Work but prior to the Completion Date, and at City’s sole cost and expense, City shall (i) ensure that the City Parties and the City’s Contractors remove all debris and rubbish from and about the Property caused by the Construction Activities, as well as their tools, construction equipment, machinery, surplus materials, and leave the Property free of such materials, (ii) grade the Property pursuant to the Plans and Specifications, (iii) fully restore the top of the Property in accordance with the Plans and Specifications, and (iv) provide evidence to Northwestern, at City’s cost, that the Construction Activities have been performed and paid for by the City, which evidence shall include executed lien waivers, architect’s certificates, contractor’s statements (including, if applicable, AIA Form G702 and G703), and owner’s statements covering the Construction Activities, and such other documentation as may be reasonably requested by Northwestern. Northwestern may order, at Northwestern’s sole cost and expense, a date down endorsement to Northwestern’s title policy for the Construction Easement Area showing no exceptions for liens or other matters relating to the Construction Activities. The foregoing cleaning, grading and restoration shall be deemed part of the Construction Activities. l. Prior to commencing any Construction Activities, City shall (a) provide to Northwestern evidence (in the form of the City’s Capital Improvement Budget, copy of City Council action approving the contract with the contractor, and any other supporting documentation requested by Northwestern) of City’s funding for and ability to pay for the full cost of the Construction Activities, and (b) the City will require the contractor to obtain a performance bond for 110% of the cost of the Project (the “Performance Bond”) covering the faithful performance and completion of the Construction Activities. The Performance Bond shall be issued from a surety licensed in Illinois, and approved by the City. The Performance Bond obligees will be Northwestern and the City. If the cost of the Construction Activities increases, City shall mandate that the contractor increase the Performance Bond accordingly and shall provide proof to Northwestern of such adjustment. Notwithstanding any notice and cure periods set forth in Section 10, in the event that City has not completed the Construction Activities within twenty-one (21) months following the Commencement Date, City agrees that such failure will be a default under this Easement Agreement, which shall allow Northwestern to require the surety under the Performance Bond to promptly complete the Construction Activities; provided, however that Northwestern will not, during the Contractor Cure Period (as defined 240 of 793 6 2655700.7 below) only, exercise its rights under the Performance Bond to require the surety to complete the Construction Activities if the City has, within five (5) business days following the date that is twenty-one (21) months after the Commencement Date, issued a notice of default to the Contractor (with a copy to Northwestern) and the Contractor does not complete the Construction Activities within sixty (60) days following the date of the city’s notice of default (the “Contractor Cure Period”). With respect to Northwestern’s election to require the surety under the Performance Bond to promptly complete the Construction Activities pursuant to the terms of this Easement Agreement, (i) Northwestern shall meet and confer with the City prior to issuing notice of such election, (ii) no notice to the surety shall be required under this Easement Agreement or the Performance Bond (other than a demand for performance by the surety), (ii) no payment shall be required from Northwestern, (iii) neither this Easement Agreement nor the Performance Bond shall require any additional conference or meeting, and (iv) the termination of the contract for construction by City shall not be required If Northwestern exercises such right, the surety under the Performance Bond shall be obligated to complete or to pay for the completion of the Construction Activities whether or not the City is in default under, or makes all payments required by, the construction agreement for the Construction Activities. 2. Continuing Easement. a. From and after the Completion Date until the last day of the ninety-fifth (95th) year thereafter (the period between the Completion Date and the end of such 95 th year, the “Continuing Easement Period”), Northwestern hereby grants to City the non-exclusive right to enter, the Continuing Easement Area to inspect, maintain, repair, and operate the New Reservoir (the “Use Activities”) and all underground and surface appurtenances thereto, including electric and other related control systems, underground pipes, and vaults. By way of example and not by way of limitation, the parties intend to include within the term “pipelines” and “appurtenances” the following: overflow structure, pumping facilities, groundwater control system, instrumentation, water mains and conduit valves, vaults, manholes, control systems, ventilators, in the Continuing Easement Area. b. Nothing herein shall be construed to give to City any right in and/or to the title to the Property, but must only be construed to give it the right to use and operate said New Reservoir for the storage of water, upon the terms and provisions herein set forth; and nothing in this Easement Agreement contained can be construed to prevent Northwestern from making use of the land, in conformance with the parameters set forth in Section 5. c. Excluding minor repairs, non-disruptive activities and emergency repairs, the City shall notify Northwestern no less than fourteen (14) days’ prior to its entry onto the Property for any of the Use Activities; provided, however, that in the event of an emergency, City shall have the right to enter the Property to remedy such emergency without notice to Northwestern but shall notify Northwestern as soon as reasonably possible thereafter. The City will provide Northwestern with a typical maintenance plan and the estimated frequency of the maintenance activities following construction of the Project. d. In the event that the Property is damaged or disturbed during City’s performance of any of the Use Activities, City shall promptly restore the Property to its condition prior to the Use Activities. Any modifications or repairs made to the New Reservoir will be 241 of 793 7 2655700.7 promptly completed by City, at its sole cost, in a manner that maintains the integrity of the structure and membrane coating system. 3. Covenant. This grant shall constitute a covenant, which runs with the land, and shall be binding upon successors and assigns of Northwestern. City shall have the right to maintain and use the New Reservoir for the storage of water in connection with its water plant, so long as the same is owned by the City of Evanston supply system. If City sells or otherwise disposes of its water works system, or defaults under the terms of this Easement Agreement beyond any applicable notice and cure periods and Northwestern terminates this Easement Agreement, the right of the City of Evanston to further maintain and use the New Reservoir must cease and City will fill in said reservoir within six (6) months (or such longer period as may be directed by Northwestern) with suitable material and restore site conditions disturbed in doing so, in accordance with plans approved by Northwestern. City shall keep the reservoir structure in good repair and safe. 4. Easement Fee. In consideration of City providing safe and reliable water service to Northwestern and its users, Northwestern will not assess an easement fee for use of the Easement Areas. City shall be solely responsible for any cost and expenditure associated in any way with the Project and the New Reservoir during the duration of this Easement Agreement. 5. Northwestern’s Use of Property. Northwestern shall have the continuing right to use the Continuing Easement Area, subject to the terms of this Section 5. Northwestern shall not construct or place any structure or building, retaining walls, street light, or power pole, on any part of the Continuing Easement Area. The structural design of the New Reservoir will allow up to 480 psf soil dead load plus uniform live load of 100 psf or HS20 truck, placed so as to induce worst case loading effects. Therefore, Northwestern shall not do any of the following: a. contingent upon the City permanently reducing the number of required parking spots that Northwestern must maintain on the Evanston Campus by altering City code, Northwestern will agree to disallow parking in the Continuing Easement Area except if a vehicle is temporarily parked in the Continuing Easement Area for emergency response or maintenance of the Property; b. use pesticides or fertilizers on surfaces in the Continuing Easement Area without prior notice to and approval from City; c. use chloride salts on paved surfaces in the Continuing Easement Area without prior notice to and approval from City; d. alter the New Reservoir, penetrate the New Reservoir (including the roof, walls, or any ancillary structures) or penetrate membrane coatings without approval from the City of Evanston; e. perform any construction, renovations, and/or repair beyond the scope of normal maintenance to the Continuing Easement Area without submitting plans to the City for review and comment for its potential impact on the Reservoir (as part of the zoning and building permit process outlined in the City Code); and 242 of 793 8 2655700.7 f. make any changes to the Property that would violate any regulations set forth by the National and State bodies of the Environmental Protection Agency; g. allow changes in surrounding elevations that would cause overland stormwater flow to be directed toward the New Reservoir. 2. Environmental. a. The Parties shall comply with all Environmental Laws (hereinafter defined) and shall not cause or permit any Hazardous Substances (hereinafter defined) to be brought, kept or stored on or under the Property, and shall not engage in or permit any other person or entity to engage in any activity, operation or business in the Easement Areas that involves the generation, manufacture, refining, transportation, treatment, storage, handling or disposal of Hazardous Substances, except as needed for the proper operation of the New Reservoir, including but not limited to City’s use of chlorine for the disinfection of the New Reservoir. If any such Hazardous Substances are spilled, leaked, discharged or otherwise released at the Property, City shall notify Northwestern of the release within twenty –four (24) hours, and City shall be solely responsible, at its sole cost and expense, for any other notification and response actions, and for any remediation, each as required by Applicable Law. Any such required remediation shall be completed as promptly as reasonably possible. b. “Hazardous Substances” means all hazardous or toxic materials, substances, pollutants, contaminants, or wastes currently identified as a hazardous substance or waste in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), as amended, the Superfund Amendments and Reauthorization Act (“SARA”), the Resource Conservation and Recovery Act (“RCRA”), or any other federal, state or local legislation or ordinances applicable to the Property. As used in this Easement Agreement, “Environmental Laws” means all federal, state and local environmental laws, rules, statutes, directives, binding written interpretations, binding written policies, ordinances and regulations issued by any governmental authority and in effect on or after the date of this Easement Agreement with respect to or that otherwise pertain to or affect the Property, or any portion of the Property, the use, ownership, occupancy or operation of the Property, or any portion of the Property, or any owner of the Property, and as the same have been amended, modified, or supplemented from time to time, including but not limited to CERCLA, the Hazardous Substances Transportation Act (49 U.S.C. § 1802 et seq.), RCRA, the Water Pollution Control Act (33 U.S.C. § 1251 et seq.), the Safe Drinking Water Act (42 U.S.C. § 300f et seq.), the Clean Air Act (42 U.S.C. § 7401 et seq.), the Solid Waste Disposal Act (42 U.S.C. § 6901 et seq.), the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.), the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. § 11001 et seq.), the Radon and Indoor Air Quality Research Act (42 U.S.C. § 7401 note, et seq.), SARA, the Occupational Safety and Health Act (29 U.S.C. § 651 et seq.), comparable state and local laws, and any and all rules and regulations that are effective as of the date of this Easement Agreement, or become effective after the date of this Easement Agreement under any and all of the aforementioned laws. c. Notwithstanding any other provision in this Easement Agreement, City shall defend, indemnify, and hold harmless the Northwestern Parties from any and all liability, losses, or damages (“Losses”) as a result of claims, demands, suits, actions, or proceedings of 243 of 793 9 2655700.7 any kind or nature, including without limitation costs, and fees, including atto rney’s fees, judgments or settlements, (collectively “Claims”) resulting from or arising out of any violation of Environmental Law and/or release of Hazardous Substances by the City Parties or the City’s Contractors during the performance of the demolition, construction, repair or operation of the Project or New Reservoir. This provision shall survive completion, expiration, or termination of this Easement Agreement. 3. Covenants and Conditions. City covenants, warrants and agrees that with respect to the activities contemplated under this Easement Agreement that: (i) no waste or damage shall be committed upon or to the Easement Areas; (ii) the Easement Areas shall be used for only the purposes set forth herein; (iii) the Easement Areas shall not be used for any unlawful purpose and no violations of Applicable Laws or duly constituted authority shall be committed thereon; and (iv) City shall not do or permit to be done anything under the Easement Areas that may subject Northwestern to any liability for injury or damage to person or property, or result in a violation of any Applicable Laws. The Parties cannot assign or transfer its interest in or rights under this Easement Agreement without the prior, written consent of other party, said consent shall not be unreasonably withheld. Northwestern shall notify the City in writing not less than sixty (60) days following any assignment or transfer of Northwestern’s interest in this Easement Agreement. 4. Indemnification. City shall defend, indemnify, and hold harmless the Northwestern Parties from any and all Losses as a result of Claims resulting from or arising out of (i) any act or omission on the part of the City Parties (or any of them) during the Removal Activities, the Installation Activities, or the Use Activities, or (ii) any breach of the terms of this Easement Agreement by the City Parties (or any of them). 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 Easement Agreement. This indemnification does not apply if the liability, loss or damage arises out of the gross negligence or willful act by Northwestern, its employees, contractors, and agents. City agrees to cooperate in the event any litigation is brought against Northwestern by any party seeking to enjoin, restrain, or stop the Removal Activities, Construction Activities or Use Activities, as contemplated by this Agreement. Nothing contained herein shall be construed as prohibiting 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. City shall be liable for the costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. 5. Insurance. a. From and after the Effective Date and during the Construction Period, the City will require its contractor to carry and maintain at their own cost with such companies as are reasonably acceptable to the City with review by Northwestern, the following insurance: (i) Comprehensive General Liability Insurance including (i) broad form contractual liability, (ii) completed operations/product liability with a two year extension beyond completion and acceptance of such contract work, (iii) broad form 244 of 793 10 2655700.7 property damage including completed operations, (iv) X C & U exclusion deleted where applicable, and (v) bodily injury, including death. (ii) Comprehensive Automobile Liability Insurance including the ownership, maintenance and operations of any automotive equipment owned, hired and non- owned, including loading and unloading of any automobile, which insurance shall insure the City Parties against any and all claims for bodily injury, including death resulting therefrom and damage to the property of others arising from its operations under its contract with the City, whether such operations are performed by City’s Contractors or by anyone directly or indirectly employed by any of them, (iii) Owner’s Protective Liability Insurance insuring the City against any and all liability to third parties for damage because of bodily injury liability including death resulting therefrom, which may arise from the Construction Activities, and any other liability for damages which the City’s Contractors are required to insure under any provisions herein. (iv) Worker’s compensation insurance covering City employees in an amount in conformance with statutory requirements, and employer’s liability insurance in the amount of $500,000. All liability insurance required in (i), (ii) and (iii) above, shall have combined single limits of at least $5,000,000.00 and shall name the City and Northwestern as an additional insured. Such limits may be met with a combination of primary and excess (umbrella) policies. The coverage afforded the additional insureds shall be primary, non-contributory insurance for the additional insureds with respect to claims arising out of operations performed by or on behalf of City, and any other insurance maintained by such additional insureds shall be on an excess or contingent basis. All physical damage insurance shall be in amounts at least equal to the full replacement cost of the covered items and shall not be subject to the application of any coinsurance clauses or requirements. All policies shall waive rights of subrogation and recovery against Northwestern. Following completion of construction and for the Continuing Easement Period referenced in 2(a), the City of Evanston is self-insured up to $1.25 Million and has excess coverage up to $20 Million. The City will issue a certificate of insurance, with these policy limits and policy numbers naming Northwestern University as additional insured. If the coverage limits change, the City will provide notification to Northwestern and issue a new Certificate of Insurance. b. Prior to the Effective Date, and from time to time upon request by Northwestern, City will provide copies of the policies of insurance evidencing the coverage and amounts set forth in this Section. The City’s contractor 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 Northwestern. City understands that the acceptance of certificates, policies and any other documents by the Northwestern in no way releases the City Parties or the City’s Contractors from the requirements set forth herein. 245 of 793 11 2655700.7 c. The City’s Contractors shall maintain, and, prior to the Commencement Date, shall provide to Northwestern insurance certificates evidencing, insurance coverage of the types and in the amounts set forth on Exhibit 5 attached hereto and made a part hereof or such other amounts and types reasonably requested by Northwestern and/or City. In the event that City’s Contractors (or any of them) fail to provide the required insurance, the City shall promptly purchase such insurance coverage for City’s Contractors. The City’s Contractors will include Northwestern and such other persons or entities as Northwestern may request as additional insureds on the City’s Contractors’ commercial general liability insurance policy, automobile liability insurance policy, and umbrella excess liability insurance policy covering the Project. The coverage afforded the additional insureds shall be primary insurance for the additional insureds with respect to claims arising out of operations performed by or on behalf of the City’s Contractors, and any other insurance maintained by such additional insureds shall be on an excess or contingent basis. Any insurance maintained by City Contractors shall waive rights of subrogation and recovery against Northwestern. 6. Default. It shall be considered a “Default” under this Easement Agreement if either party fails to comply with any provision of this Easement Agreement and does not cure such failure within thirty (30) days following notice of such failure from the other party, except where such failure cannot reasonably be cured within such 30-day period, in which case if such party has begun and continues efforts to remedy the same within such 30-day period, then such additional time shall be given to remedy the failure (but not to exceed ninety (90) days). In the event of a Default, then, in addition to any other remedies set forth herein, the non-defaulting party may terminate this Easement Agreement by written notice to other party. In the event of a Default by City and upon notice from Northwestern, City will fill in the then existing reservoir (either the Existing Reservoir or the New Reservoir) located in the Easement Areas pursuant to plans approved by Northwestern. Such termination right shall be in addition to all rights and remedies available to either party at law or in equity. 7. Termination of 1934 Easement. The 1934 Easement is hereby terminated as of the Effective Date, and is of no further force or effect. 8. Third Party Beneficiaries; No Effect on Other Rights of the Parties. This Easement Agreement is not intended to and in no way confers any rights upon third parties. This Easement Agreement is not intended to and in no way confers any rights of access or use by the City to the Easement Areas except as specifically described herein. 9. Attorneys’ Fees, Jurisdiction for Disputes, and Governing Law. Should a party incur costs, charges and expenses, including court costs and attorneys’ fees, to enforce rights or obligations under this Easement Agreement, then such costs, charges, and expenses shall be recoverable from the other party. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Illinois, excluding its choice of law rules. In the event of a dispute hereunder, the parties agree to submit to the exclusive jurisdiction of the state courts of, and federal courts sitting in, Cook County, Illinois. 10. Notices. Any notice, demand, request or other communication which any party may desire or may be required to give to any other party hereunder shall be given in writing at the addresses set forth below by any of the following means: (a) personal service; (b) overnight 246 of 793 12 2655700.7 courier; or (c) registered or certified United States mail, postage prepaid, return receipt requested. If to Northwestern: Northwestern University Attn: Office of General Counsel 633 N. Clark Street Evanston, IL 60208 Phone: (847)491-5605 If to the City: City of Evanston Attn: City Manager 2100 Ridge Avenue Evanston, Illinois 60201 Phone: 847.448.8175 With a copy to: City of Evanston Attn: Corporation Counsel 2100 Ridge Avenue Evanston, IL 60201 Phone: 847.866.2937 11. Entire Agreement. This Easement Agreement shall constitute the entire contract between the parties and shall supersede any and all prior agreements between the parties hereto with respect to the granting use of the Easement Area to City. No modification, waiver or amendment of this Easement Agreement or any provision hereof shall be valid unless the same is in writing, and signed by both parties hereto. 12. Counterparts. This Easement Agreement may be executed in any one or more counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one Easement Agreement. [REMAINDER OF THE PAGE LEFT INTENTIONALLY BLANK] 247 of 793 13 2655700.7 IN WITNESS WHEREOF, the parties have caused this Easement Agreement to be executed on the date first above written. NORTHWESTERN UNIVERSITY: Northwestern University an Illinois corporation By: Craig Johnson Its Senior Vice President for Business and Finance CITY: THE CITY OF EVANSTON, ILLINOIS By: Wally Bobkiewicz Its: City Manager STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) I, ______________________________________, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that _________________________, in his/her capacity as _______________ of Northwestern University, personally known to me to be the same person whose name is subscribed to the foregoing instrument as such ___________, appeared before me this day in person and acknowledged that he/she signed and delivered the said instrument as his/her own free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this _____ day of ________________, 2018. My Commission Expires: 248 of 793 14 2655700.7 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) I, ______________________, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Wally Bobkiewicz, as City Manager of the City of Evanston, Illinois, personally known to me to be the same person whose name is subscribed to the foregoing instrument as such Wally Bobkiewicz, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act, and as the free and voluntary act of said municipality, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this _____ day of ________________, 2018. My Commission Expires: 249 of 793 15 2655700.7 EXHIBIT 1 PERMANENT EASEMENT AREA 250 of 793 PROPOSED EASEMENT THAT PART OF LOT 1 IN NORTHWESTERN UNIVERSITY LAKEFRONT CAMPUS SUBDIVISION, BEING A SUBDIVISION OF PART OF SECTION 7 AND 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT RECORDED SEPTEMBER 25, 2015 AS DOCUMENT NUMBER 1526829056 IN COOK COUNTY, ILLINOIS, BEARINGS BASED ON ILLINOIS STATE PLANE COORDINATES, EAST ZONE, NAD 83 (2011 ADJUSTMENT), DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE S 89°16’57” E ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 312.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S 89°16’57” E ALONG SAID NORTH LINE, A DISTANCE 169.06 FEET; THENCE S 0°01’26” E, A DISTANCE OF 295.83 FEET; THENCE N 89°48’28” W, A DISTANCE OF 169.06 FEET; THENCE N 0°01’32” E, A DISTANCE OF 297.38 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. CONTAINING 50,142 SQUARE FEET OR 1.151 ACRES. 251 of 793 XXHAMPTON, LENZINI AND RENWICK, INC. STRUCTURAL ENGINEERS LAND SURVEYORSCIVIL ENGINEERS 380 SHEPARD DRIVE ELGIN, ILLINOIS 60123 847.697.6700 www.hlrengineering.com 184.000959 PROFESSIONAL DESIGN FIRM & STRUCTURAL ENGINEERING CORP. 252 of 793 18 2655700.7 EXHIBIT 2 CONSTRUCTION EASEMENT AREA 253 of 793 PROPOSED TEMPORARY EASEMENT THAT PART OF LOT 1 IN NORTHWESTERN UNIVERSITY LAKEFRONT CAMPUS SUBDIVISION, BEING A SUBDIVISION OF PART OF SECTION 7 AND 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT RECORDED SEPTEMBER 25, 2015 AS DOCUMENT NUMBER 1526829056 IN COOK COUNTY, ILLINOIS, BEARINGS BASED ON ILLINOIS STATE PLANE COORDINATES, EAST ZONE, NAD 83 (2011 ADJUSTMENT), DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE S 89°16’57” E ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 302.18 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S 89°16’57” E ALONG SAID NORTH LINE, A DISTANCE 210.66 FEET; THENCE SOUTHERLY ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 49.45 FEET, AN ARC DISTANCE OF 5.22 FFET TO A POINT OF NON TANGENCY,THE CHORD OF SAID CURVE,HAVING A LENGTH OF 5.22 FEET AND A BEARING OF S 4°51’25” W; THENCE S 6°32’54”W, A DISTANCE OF 54.02 FEET; THENCE S 1°47’47” W, A DISTANCE OF 207.01 FEET; THENCE S 5°36’46” W, A DISTANCE OF 13.82 FEET; THENCE SOUTHERLY ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 117.10 FEET, AN ARC DISTANCE OF 61.68 FEET TO A POINT OF COMPOUND CURVATURE, THE CHORD OF SAID CURVE HAVING A LENGTH OF 60.97 FEET AND A BEARING OF S 21°12’25” W; THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 142.00 FEET, AN ARC DISTANCE OF 81.26 FEET TO A POINT OF NON TANGENCY, THE CHORD OF SAID CURVE HAVING A LENGTH OF 80.16 FEET AND A BEARING OF S 50°38’10” W; THENCE N 22°00’28” W, A DISTANCE OF 28.90 FEET; THENCE S 69°39’25” W, A DISTANCE OF 8.83 FEET; THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 134.80 FEET, AN ARC DISTANCE OF 103.83 FEET TO A POINT OF NON TANGENCY, THE CHORD OF SAID ARC HAVING A LENGTH OF 101.28 FEET AND A BEARING OF S 47°30’36” W; THENCE N 89°48’28” W, A DISTANCE OF 22.85 FEET; THENCE N 0°15’15” W, A DISTANCE OF 198.21 FEET; THENCE N 89°48’19” E, A DISTANCE OF 3.97 FEET; THENCE N 0°15’15” W, A DISTANCE OF 36.29 FEET; THENCE S 88°47’45” W, A DISTANCE OF 2.13 FEET; THENCE N 0°15’15” W, A DISTANCE 24.33 FEET; THENCE N 88°27’37”W, A DISTANCE OF 2.23 FEET; THENCE N 0°03’59” E, A DISTANCE OF 17.24 FEET; THENCE N 86°56’43” W, A DISTANCE OF 3.10 FEET; THENCE N 0°04’59” E, A DISTANCE OF 39.77 FEET; THENCE N 88°35’38” E, A DISTANCE OF 7.58 FEET; THENCE N 0°11’28” W, 67.77 FEET; THENCE N 88° 48’26” E, A DISTANCE OF 1.63 FEET; THENCE N 0°02’24” E, A DISTANCE OF 50.44 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. CONTAINING 77,285 SQUARE FEET OR 1.774 ACRES. 254 of 793 XXHAMPTON, LENZINI AND RENWICK, INC. STRUCTURAL ENGINEERS LAND SURVEYORSCIVIL ENGINEERS 380 SHEPARD DRIVE ELGIN, ILLINOIS 60123 847.697.6700 www.hlrengineering.com 184.000959 PROFESSIONAL DESIGN FIRM & STRUCTURAL ENGINEERING CORP. 255 of 793 21 2655700.7 EXHIBIT 3 PRELIMINARY PLANS AND SPECIFICATIONS REQUIREMENTS • Drawings depicting the Existing Reservoir and specifications setting forth the written requirements for materials, equipment, systems, standards and workmanship for the Removal Work and performance of related services, as prepared by an architect or engineer; • Special project conditions and scope of Removal Work; • A site plan showing, inter alia, the location and dimension of the New Reservoir, including access points for maintenance and repair thereof; • Drawings of the New Reservoir to be installed and specifications setting forth the written requirements for materials, equipment, systems, standards and workmanship for the Installation Work and performance of related services, as prepared by an architect or engineer; • Special project conditions and scope of Installation Work; • Grading and drainage plans for the New Reservoir, including the invert elevation of all sanitary and storm sewer connections; • Plans for the restoration of the Property (including, without limitation, the installation of a single, concrete cover); • City’s Contractors’ (as hereinafter defined) sworn statement identifying by trade the names, addresses and telephone numbers of each subcontractor and supplier and the amount of each contract applicable to each such trade, and the total amount of the contracts between City and City’s Contractors. • All such other information as may be reasonably required by Northwestern to enable it to approve the Construction Activities and to determine the location, scale, design character, style, component materials, and appearance of the New Reservoir and other improvements, and other characteristics deemed important to Northwestern. 256 of 793 22 2655700.7 EXHIBIT 4 CONSTRUCTION ACTIVITIES SCHEDULE Construction activity cannot occur at all on the following dates: 1) Commencement (including the day before and the day after Graduation ceremonies) – June 2) Wildcat Welcome/Move-In Dates – Mid-September (Begins September 16, 2019 but dates for 2020 and beyond are not known). 3) Dillo Day – End of May or Early June The exact dates for each of these events is not set for the next several years and can be provided to the City by Northwestern for the relevant years upon request. Northwestern reserves the right to add additional dates to this list on which construction activity cannot occur consistent with the terms of the Reservoir Easement Agreement. DAYS IN WHICH CLASS IS IN SESSION Dates on which classes are in session can be found at the link below. When class is in session, construction activity cannot occur prior to 8am as states in 1(i) of the Agreement. https://www.registrar.northwestern.edu/calendars/planning-calendars.html 257 of 793 23 2655700.7 EXHIBIT 5 CITY CONTRACTOR INSURANCE REQUIREMENTS Any City’s Contractor/s engaged for the Construction Activities shall purchase and maintain at such City’s Contractor's sole expense such insurance outlined below. Such City’s Contractor shall not commence any Construction Activities until all insurance required herein is obtained and proof is provided to City and Northwestern. Northwestern University and its affiliates, officers, directors, trustees, agents, volunteers and employees shall be named as additional insureds on all policies of liability insurance required herein. General Liability coverage maintained by contractors and Subcontractors shall contain Additional Insured endorsement CG 2010 04/13, CG 2037 04/13 and CG 2038 04/13 or equivalent. The Commercial General Liability policy or policies and any excess or umbrella liability policy shall stipulate that the insurance afforded the Additional Insureds shall apply as primary insurance and that any other insurance carried by the additional insureds will be excess only and will not contribute with City’s Contractor’s insurance. Each City’s Contractor shall furnish City with two (2) original Certificates of Insurance, with Northwestern University named as an additional insured, showing the following minimum coverage with an insurance company acceptable to City. Further, the Certificate of Insurance shall state that coverage provided is primary to any other coverage available to Northwestern University. The foregoing Certificates shall contain a provision that coverage afforded under the policies will not be cancelled or non-renewed until at least sixty (60) days prior written notice has been given to Northwestern University. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Combined Single Limit Per Occurrence/Aggregate Commercial General Liability including: $10,000,000/$10,000,000 1. Premises - Operations 2. Explosion, Underground and Collapse Hazard 3. Products/Completed Operations, which shall be maintained for a minimum of three years after completion 4. Contractual liability insuring the obligations assumed under this contract 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Bodily Injury 258 of 793 24 2655700.7 Automobile Liability Owned, Non-owned, or Rented $5,000,000/$5,000,000 Workers' Compensation and Occupational Diseases As Required by Applicable Laws Employer's Liability $3,000,000 Professional Liability If applicable based on scope of services $5,000,000 To be maintained for 5 years following completion Contractor’s Pollution Liability If applicable based on scope of services $5,000,000 Insurance shall be placed with insurers which have an A.M. Best's rating of A- or higher and financial size category of VII or higher or which Northwestern deems acceptable. The general liability, automobile liability, workers’ compensation and umbrella or excess liability insurers shall waive all rights of recovery by subrogation against Northwestern University and its affiliates, officers, directors, trustees, agents, volunteers and employees. Northwestern reserves the right to require copies of any insurance policies, certificates of insurance or endorsements required herein at any time. Failure of Northwestern or City to notify any City’s Contractor of any deficiencies in the required insurance policies or to request insurance policies or insurance certificates shall not relieve the City’s Contractor from the responsibility to provide the specified insurance coverages. 259 of 793 For City Council meeting of September 17, 2018 Item A19 Ordinance 98-O-18, Amending 7-2-6(D), Sidewalk Cafes & Class K Liquor Licensees For Introduction and Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Gary Gerdes, Building and Inspection Services Division Manager Mario Treto, Jr., Deputy City Attorney Subject: Ordinance 98-O-18, Amending City Code Section 7-2-6(D), “Sidewalk Cafes,” Allowing Class K Liquor Licensees Sidewalk Cafes Date: September 17, 2018 Recommended Action: City staff submits to City Council for consideration Ordinance 98-O-18 which amends the City Code to permit sidewalk cafes at business establishments that hold Class K liquor licenses. Alderman Revelle recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council. Summary: City staff was directed to draft an ordinance amending the current sidewalk café ordinance to Class K liquor licensees classified as retail goods establishments to apply for a sidewalk café permit. The current sidewalk café ordinance only allows Type I restaurants, Type II restaurants, and wine shops with a Class K liquor license to apply for a sidewalk café permit. This Ordinance allows an all Class K liquor license holders to apply for a sidewalk café permit. • All retail goods establishments with a Class K liquor license can apply for a sidewalk café permit. Applications are initially reviewed by the Public Works Department, followed by the Administration and Public Works Committee and City Council. City Council must approve or deny the sidewalk café permit. Section 7-2-6(D)(2)(c). • A permit is required for a Class K liquor licensee to operate a sidewalk café. Section 7-2-6(D)(2)(d). • The annual permit fee shall be in the amount of $200.00. Section 7-2-6(D)(3(i). Attachments: Ordinance 98-O-18 Memorandum 260 of 793 9/4/2018 98-O-18 AN ORDINANCE Amending City Code Section 7-2-6(D), “Sidewalk Cafes,” Allowing Class K Liquor License Holders Sidewalk Café Permits SECTION 1: Title 7, Chapter 2, Section 6(D) of the Evanston City Code of 2012, as amended (the “City Code”), is hereby further amended to read as follows: (D) Sidewalk Cafes. 1. Definitions. BAKERY. An establishment for any process of mixing, compounding and baking any bread, biscuits, crackers, rolls, cakes, pies, or any food products of which flour or meal is a principal ingredient, for sale at retail or at wholesale. ENOTECA. A wine shop classified as a retail goods establishment holding a valid City of Evanston Class K liquor license. ICE CREAM STORE. An establishment selling primarily ice cream, soda water, frozen yogurt and soft drinks. OTHER LICENSED FOOD SERVICE ESTABLISHMENT or OTHER LICENSED RETAIL FOOD STORE. An establishment licensed by the City of Evanston as a food service establishment or as a retail food store, under Title 8 of this Code, which is not a "bakery," an "ice cream store," a "restaurant type 1," or a "restaurant type 2," as defined in this Section. RESTAURANT TYPE 1. An establishment in which the principal use is the service of prepared food and beverages for consumption on the premises. All service of prepared food and beverages for consumption on the premises shall require customers to order at a table, booth or dining counter with service by a waiter or waitress at said table, booth or dining counter and also shall require the use of reusable (nondisposable) flatware and dishware. Drive- through facilities are prohibited. RESTAURANT An establishment in which the principal use is the 261 of 793 98-O-18 ~2~ TYPE 2. service of prepared food and/or beverages for consumption on and/or off the premises and that is not a "restaurant type 1" as defined in this Section. This definition shall not include establishments wherein incidental prepared food and beverage service is accessory to a bakery, food establishment, convenience store, food st ore establishment, meat market, or similar principal use nor shall it include cafeterias that are accessory to hospitals, colleges, universities, schools or other similar principal uses. SIDEWALK CAFE. A dining area located partially or wholly on a public sidewalk or parkway. 2. Permits. a. Type 1 Restaurants (Not Selling Alcoholic Liquor On The Sidewalk Cafe Premises), Bakeries, Or Ice Cream Stores More Than Two Hundred Feet From A Residentially Zoned District. Permits to rent sidewalk space for a sidewalk cafe shall only be granted to the licensed operator of restaurants, bakeries, or ice cream stores, as defined in Section 7-2-6(D)(1) when these uses are more than two hundred feet (200') from a residentially zoned district. Sidewalk cafes are not permitted at restaurants, bakeries or ice cream stores, or other licensed food service establishments, or other licensed retail food stores located in a residential district. The City Council may authorize sidewalk cafes appurtenant to a type 2 restaurant, and appurtenant to any restaurant, bakery, ice cream store, or other licensed food service establishment, or other licensed retail food store which is within two hundred feet (200') of a residentially zoned district and is not itself within a residential district subject to the procedures, standards, and regulations contained within Section 7-2-6(D)(2)(b) and Section 7-2-6(D)(6). The two hundred feet (200') shall be measured from the lot line of the parcel devoted to said sidewalk cafe to the residential zoning district boundary, inclusive of right-of-way. b. Type 2 Restaurants, Other Licensed Food Service Establishments Or Other Licensed Retail Food Stores, And Any Licensed Food Service Establishment Or Licensed Retail Food Store Within Two Hundred Feet Of A Residentially Zoned District Or Type 1 Restaurant With An Alcoholic Liquor License Outside The Core Area And Desirous Of Selling Alcoholic Liquor On The Sidewalk Cafe Premises. Sidewalk cafe permits for type 2 restaurants, other licensed food service establishments or other licensed retail food stores, and any licensed food service establishment or licensed retail food store within two hundred feet (200') from a residentially 262 of 793 98-O-18 ~3~ zoned district, or type 1 restaurants with an alcoholic liquor license outside the "core area" as defined in Section 3-5-1 of this Code and desirous of selling alcoholic liquor on the sidewalk cafe premises as defined in Section 7-2-6(D)(1), also shall require the approval of the City Council. The Public Works Department shall review all applications for sidewalk cafes for type 2 restaurants, other licensed food service establishments or other licensed retail food stores, or type 1 restaurant with a liquor license outside of the "core area" desirous of selling alcoholic liquor on the sidewalk cafe premises and any licensed food service establishment or licensed retail food store within two hundred feet (200') of a residentially zoned district and report to the City Council upon each application with respect to the standards set forth below. The report is to include written findings of fact with respect to each standard and a recommendation as to whether the permit should be granted. Further, no less than ten (10) business days prior to review and consideration by the City Council, any type 2 restaurants, other licensed food service establishments or other licensed retail food stores, and any licensed food service establishment or licensed retail food store within two hundred feet (200') from a residentially zoned district, or type 1 restaurant with an alcoholic liquor license outside the "core area" desirous of selling alcoholic liquor on the sidewalk cafe premises must give notice of the review and consideration by the City Council by making a good faith effort to distribute flyers containing notice of the review and consideration by the City Council to all households, residents, and land users within two hundred fifty feet (250') of the subject property, and must post a sign notifying of same on the premises appurtenant to the sidewalk cafe. The posted notice and the flyered notice minimally shall contain the name and telephone number of the business for which the applicant is applying for the sidewalk cafe permit, the location of the subject property, the matter under consideration, and the date, time, and location of the review and consideration by the City Council and by the Administration and Public Works Committee of the City Council. c. Enoteca and Class K Liquor Licensees. An enoteca or Class K liquor licensee requesting a sidewalk café permit requires approval by the Administration and Public Works Committee and the City Council. The process is as follows: i. The Public Works Department shall review a sidewalk café application submitted by an enoteca or Class K liquor licensee. ii. Public Works shall submit its recommendation to the Administration and Public Works Committee and City Council on each application with respect to the standards set forth in Section 7-2-6-(D)(6). The report must include written findings of fact with 263 of 793 98-O-18 ~4~ respect to each standard and a recommendation as to whether the permit should be granted. iii. Any enoteca or Class K liquor licensee seeking to sell wine, beer, or alcoholic liquor on the sidewalk at the premises must provide written notice to all property owners within two hundred fifty feet (250’) and post notice of the same on the premises applying for the permit not less than ten (10) business days prior to review and consideration by the City Council. The notices shall contain the name and telephone number of the enoteca or Class K liquor licensee applying for the sidewalk cafe permit, the location of the subject property, the matter under consideration, and the date, time, and location of the review and consideration by the City Council and by the Administration and Public Works Committee of the City Council. iv. The City Council will approve or deny the sidewalk café permit request. d. Permit Required. No licensed operator of a restaurant, bakery, ice cream store, or other licensed food service establishment or other licensed retail food store shall erect, place or maintain in or upon any public sidewalk or parking contiguous or adjacent to said licensed restaurant, bakery, ice cream store, or other licensed food service establishment or other licensed retail food store, tables, benches or chairs for the purpose of serving to customers thereon, food and/or beverages for consumption at such sidewalk tables, benches or chairs unless a permit for the same shall have been first obtained from the City Manager or his/her designee in the instance of a type 1 restaurant, bakery or ice cream store, when the use is more than two hundred feet (200') from a residentially zoned district, or with approval of City Council in the instance of a type 2 restaurant, other licensed food service establishment or other licensed retail food store, or any licensed food service establishment or licensed retail food store within two hundred feet (200') of a residentially zoned district or type 1 restaurant with an alcoholic liquor license outside the "core area”, or an enoteca/Class K liquor licensee desirous of selling alcoholic liquor on the sidewalk cafe premises. e. Term Of Permit. A licensed restaurant, bakery or ice cream store operator or other licensed food service establishment or other licensed retail food store operator or enoteca operator or Class K liquor licensee annually may apply for and obtain a sidewalk cafe permit. The sidewalk cafe permit shall be effective only for the period April 1 through November 1 of the calendar year for which the City has issued it. f. Exception; Renewal. If a sidewalk cafe permit was issued for the prior calendar year, the approval for a sidewalk cafe permit shall be obtained from the City Manager or his/her designee, provided, the 264 of 793 98-O-18 ~5~ sidewalk cafe permit previously issued was not revoked or suspended, and the sidewalk cafe received no inspection citation(s) from property standards or the health department for said prior calendar year. The renewal application must satisfy the requirements set forth in Section 7-2-6(D)(3). 3. Permit Application. At the time of making application for a permit, the applicant shall furnish the following information to the City Manager or his/her designee: a. Name and mailing address of the applicant and the proposed sidewalk cafe. b. A detailed drawing to scale of the proposed site indicating the following: the existing facade; the points of ingress and egress; and the proposed location of the tables, chairs, serving equipment, planters, awnings, lighting, delimiting ropes or chains and other facilities to be included in the cafe operation. The detailed scale drawing must indicate the location of the existing public improvements including the following: fire hydrants, parking meters, streetlights, traffic signals, street signs, bus shelters, trees, tree grates, planting boxes and/or planting areas, and any other public or private obstruction. A plat of survey is required. c. A statement of use as type 1 or type 2 restaurant, ice cream store, bakery, or other licensed food service establishment or other licensed retail food store of the principal use or enoteca or Class K liquor licensee. d. A menu of the proposed service. Any restaurant which is prohibited by Section 7-2-6(D) from serving alcoholic beverages must provide evidence that the menu will so indicate. e. An indemnification and hold harmless statement in a form approved by the City. f. A certificate of insurance covering the period of the outdoor operations, including coverage of comprehensive general liability insurance and other appropriate coverage for these types of business activities in the amount of one million dollars ($1,000,000.00) per occurrence and five hundred thousand dollars ($500,000.00) per person. The City is to be named as an additional insured on the face of the certificate with an insurance company with a B+ rating or better. Any changes or cancellations shall require that the City be notified in writing at least thirty (30) days prior to the effective date of the change or cancellation. The certificate of insurance shall be subject to final approval by the City and the applicant shall make whatever amendments to said certificate if requested to do so by the City. g. A copy of a valid business license and liquor license (if applicable) issued by the City. 265 of 793 98-O-18 ~6~ h. An acknowledgment that the applicant has received, reviewed, and understood the regulations pertaining to sidewalk cafes. i. An annual permit fee in the amount of two hundred dollars ($200.00) plus one dollar ($1.00) per square foot of the public right- of-way to be occupied. In instances in which any licensed food service establishment or licensed retail food store has used the public right-of-way for a sidewalk cafe without the benefit of a permit issued by the City for such usage, the sidewalk cafe annual permit fee shall be increased by an additional two hundred dollars ($200.00) plus one dollar ($1.00) per square foot of the public right- of-way to be occupied. 4. Unobstructed Passage. At all times the operator of any licensed food service establishment or licensed retail food store shall: a. Maintain a clear distance of a minimum of six (6) unobstructed feet in width, measured from the sidewalk curb and from any public improvements within the right-of-way, including, but not limited to, parking meters, signs, and planters to the ropes or chains delimiting the sidewalk cafe area as indicated on the approved permit. b. Not interfere with the passage of pedestrians, vehicle flow, or access to buildings. c. Not place sidewalk tables, benches, or chairs in a location that interferes with the operation of fire hydrants, pedestrian crosswalks, intersections, bus stops, or taxi stands, or in a location that is harmful to trees or other plantings. d. Not utilize any of the required or nonrequired parking space area for sidewalk tables, benches, chairs, or other furniture and materials associated with the sidewalk cafe. 5. Rules And Regulations For All Sidewalk Cafes. a. (1) Licensed type 1 restaurants, possessing an alcoholic liquor license of any classification and located within the "core area" as defined in Section 3-5-1 of this Code, may sell alcoholic liquor on sidewalk cafe premises. Such sale of alcoholic liquor shall be for consumption on the premises only with the consumption of a meal. This provision must be clearly stated on sidewalk cafe menus. (2) Licensed restaurants, possessing an alcoholic liquor license of any classification, but located outside the "core area" as defined in Section 3-5-1 of this Code, unless otherwise permitted in Section 7-2-6(D)(5)(a)(3), and all type 2 restaurants, are prohibited from serving alcoholic liquor on the sidewalk cafe premises or allowing any patron to consume or have in his or her possession, any alcoholic 266 of 793 98-O-18 ~7~ liquor on said cafe premises. Licensed restaurants outside the core area which serve alcoholic liquor in the principal establishment, unless otherwise permitted in Section 7-2- 6(D)(5)(a)(3), and type 2 restaurants which serve alcoholic liquor in the principal establishment shall clearly state on the menu for outdoor service that the sale and/or consumption of alcoholic liquor is prohibited. (3) Licensed type 1 restaurants, possessing an alcoholic beverage license of any classification, but located outside the "core area," may request a sidewalk cafe permit which allows the sale of alcoholic liquor on sidewalk cafe premises subject to the standards and procedures of Section 7-2- 6(D)(6) and in compliance with all other applicable provisions of this Code. (4) An enoteca possessing a Class K liquor license may sell wine within the boundaries of the sidewalk cafe premises. (5) A Class K liquor licensee may sell beer, wine, or liquor within the boundaries of the sidewalk cafe premises. b. At all times, including while being stored, prepared, displayed, served or transported to the table, food shall be protected from potential contamination by being covered and/or refrigerated if necessary. c. Reusable, nondisposable flatware, dishware and beverage containers, are required for use in association with all sidewalk cafes. No food or beverage, including water, shall be served in, on, or with single use paper, plastic, or polystyrene plastic dishes or utensils, nor shall any food or beverage be served to the customer wrapped or packaged in foil, paper, plastic, or polystyrene plastic. The prohibition on the use of single use dishes, utensils, beverage containers or foil, paper, plastic, or plastic wrapping or packaging may be waived by the City Council upon a showing of good cause. Such good cause includes, but is not limited to, provisions of table bus service, a litter control and disposal plan, or equivalents, sufficient to obviate any adverse off site effects of the grant of the waiver. d. When associated with type 1 restaurants, food or beverages consumed at sidewalk tables, benches, or chairs must be served by a waiter or waitress of the restaurant at said tables, benches, or chairs. When associated with type 2 restaurants, bakeries, ice cream stores or any other licensed food service establishment or other licensed retail food store, a sidewalk cafe shall provide bus service during all hours of operation. When associated with enotecas or Class K liquor licensees, food or beverages consumed at sidewalk tables, benches, or chairs must be served by a waiter or waitress of the enoteca or Class K liquor licensee at said tables, benches, or chairs. 267 of 793 98-O-18 ~8~ e. The operator of any licensed food service establishment or licensed retail food store or enoteca must maintain the exterior of the premises, including the sidewalk cafe area, in accordance with applicable regulations of the Evanston health department and public works department. This duty to maintain extends to the removal of all litter, regardless of its source. f. Sidewalk tables, benches, or chairs may not be attached by any means to the public sidewalk or any other public property. g. Sidewalk tables, benches, or chairs may be stored on the City sidewalk, in an area approved by the City, upon the payment of a two hundred dollar ($200.00) fee. h. A sidewalk cafe shall not be open for business when the interior aspect of the business is not open for business. i. The outdoor seating area shall be accessible to the disabled, and the licensee shall at all times comply with all applicable federal, state, and City laws, ordinances, and regulations concerning accessibility and nondiscrimination in the providing of services. j. No animals, except those assisting the disabled, shall be allowed in the outdoor restaurant seating area. k. Except for an enoteca business or Class K liquor license establishment, alcohol will only be served at sidewalk cafes in conjunction with a full meal. The sidewalk cafe shall not function as a "bar," as that term is defined in Section 3-5-1, the City's liquor control regulations, of this Code. l. Alcohol will not be served at sidewalk cafes after nine thirty o'clock (9:30) P.M. on weekdays and after ten thirty o'clock (10:30) P.M. on weekends. m. Any violation of the City's liquor control regulations at the sidewalk cafe premises may result in the revocation of the liquor license for the entire licensed premises in accordance with the provisions of Title 3, Chapter 5 of this Code. n. Revocation or suspension of a sidewalk cafe permit by the City Manager or his/her designee pursuant to Section 7-2-6(D)(7) prohibits service of alcoholic liquor on the sidewalk cafe premises for the duration of the revocation or suspension. 6. Standards And Procedures For Approval Of A Permit For A Sidewalk Cafe For A Type 2 Restaurant, Other Licensed Food Service Establishment, Other Licensed Retail Food Store, Type 1 Restaurant Within Two Hundred Feet Of A Residentially Zoned District, Or A Type 1 Restaurant With An Alcoholic Liquor License Outside The Core Area And Desirous Of Selling Alcoholic Liquor On The Sidewalk Cafe Premises Or an Enoteca or a Class K Liquor Licensee. The Public Works Department will review all applications for sidewalk cafes for type 2 restaurants, or other licensed food service establishments or other licensed retail food stores, or any licensed food service establishment or licensed retail food store which is 268 of 793 98-O-18 ~9~ within two hundred feet (200') of a residentially zoned district, or type 1 restaurant with a liquor license outside of the "core area" and desirous of selling alcoholic liquor or an enoteca or Class K liquor licensee that wants to sell wine on the sidewalk cafe premises and will report to the City Council upon each application with respect to the standards set forth below. The City Council after receiving the report of the Public Works Department, may refer the application back to the Public Works Department for additional review, or, by motion, may approve, approve with conditions, or disapprove, an application for a permit for a type 2 restaurant, or other licensed food service establishment or other licensed retail food store, or any licensed food service establishment or licensed retail food store which is within two hundred feet (200') of a residentially zoned district, or type 1 restaurant with a liquor license outside of the "core area" and desirous of selling alcoholic liquor or an enoteca or Class K liquor licensee that wants to sell wine on the sidewalk cafe premises, upon findings of fact with respect to each of the standards set forth below: a. The proposed sidewalk cafe will not cause a negative cumulative effect when its effect is considered in conjunction with the cumulative effect of other sidewalk cafes in the immediate neighborhood. b. The proposed sidewalk cafe will not cause undue pedestrian or vehicular traffic congestion. c. The sidewalk cafe will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties. d. The proposed sidewalk cafe will comply with all the rules and regulations contained herein, except that the City Council may modify, or waive the requirements in Section 7-2-6(D)(5)(c). Sidewalk cafes serving alcoholic liquor must comply with the City's liquor control regulations. e. For sidewalk cafes licensed in the previous year, any failure to comply with the provisions of Section 7-2-6(D) or with the City's liquor control regulations during that year are not likely to have an adverse effect upon the public health, welfare, or safety in the year for which permission is sought to serve alcoholic liquor at the sidewalk cafe. f. The proposed sidewalk cafe is not likely to have an adverse effect upon the public health, welfare, or safety. g. For type 1 restaurants outside the core area not located within one block of a parking lot with spaces available during hours of operation of the sidewalk cafe in numbers to accommodate one vehicle for each table in the sidewalk cafe, the applicant seeking permission to sell alcoholic beverages at a sidewalk cafe must provide and maintain valet parking service utilizing a dedicated off street parking facility. Each such restaurant must actively encourage its customers to park in the garage, not on the street. 269 of 793 98-O-18 ~10~ h. All permitted sidewalk café staff serving alcohol to sidewalk café patrons shall acknowledge and abide by all City and State BASSET requirements. Notwithstanding an affirmative finding on any or all of the standards in Section 7-2-6(D)(6), the City Council may deny a permit for a sidewalk cafe for a type 2 restaurant, or other licensed food service establishment or other licensed retail food store, or any licensed food service establishment or licensed retail food store which is within two hundred feet (200') of a residentially zoned district, or may deny permission to sell alcoholic beverages on the sidewalk cafe premises of a type 1 restaurant with an alcoholic liquor license outside of the "core area" or an enoteca or Class K liquor licensee upon a finding that such denial is in the public interest. 7. Revocation And Suspension. The City Manager or his/her designee may revoke or suspend a permit for any sidewalk cafe at any time upon a determination that the requirements applicable thereto are not met. Unless the public health, welfare, or safety requires more immediate action, revocation and suspension are effective forty eight (48) hours after written notice is delivered to the restaurant, bakery, ice cream store or other licensed food service establishment or other licensed retail food store. No hearing is provided. A licensed restaurant, bakery, ice cream store or other licensed food establishment or other licensed retail food store operator whose sidewalk cafe permit is revoked is not eligible to reapply for a permit during the calendar year of revocation. The City Manager or his/her designee may impose conditions on reinstatement of a suspended permit or upon the grant of a permit to a licensed food service establishment, retail food store operator, or enoteca or Class K liquor licensee whose sidewalk cafe permit has been revoked within the previous two (2) calendar years. 8. Legal Effect. In the event of a conflict between the regulations in the zoning ordinance and the regulations contained herein, the regulations in this Chapter shall be controlling with respect to sidewalk cafes. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect 270 of 793 98-O-18 ~11~ without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2018 Adopted:___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: _______________________________ Michelle L. Masoncup, Corporation Counsel 271 of 793 For City Council meeting of September 17, 2018 Item A20 Ordinance 85-O-18: Decreasing Class C Liquor License Bat 17 For Introduction & Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Michelle L. Masoncup, Corporation Counsel Theresa Whittington, Liquor Licensing Manager & Legal Analyst Subject: Ordinance 85-O-18, Decreasing the Number of Class C Liquor Licenses for Bandana Entertainment, LLC dba Bat 17, 1709 Benson Avenue Date: August 29, 2018 Recommended Action: Staff recommends City Council adoption of Ordinance 85-O-18, amending Evanston City Code Subsection 3-4-6-(C) to decrease the number of Class C Liquor Licenses from twenty-four (24) to twenty-three (23). Alderman Fiske recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. Livability Benefit: Innovation & Process: Support local government best practices and processes. Summary: Ordinance 85-O-18 amends Evanston City Code of 2012 Subsection 3-4-6-(C), as amended, to decrease the number of authorized Class C liquor licenses from twenty- four (24) to twenty-three (23). Bandana Entertainment, LLC, dba Bat 17, 1709 Benson Avenue has been sold to Tereneo 3634, LLC. This Ordinance amends the City Code to reflect the decrease in Class C liquor licenses. ------------------------------------------------------------------------------------- Attachments: Ordinance 85-O-18 Memorandum 272 of 793 7/27/2018 85-O-18 AN ORDINANCE Amending City Code Section 346-(C) to Decrease the Number of Class C Liquor Licenses from Twenty-Four to Twenty-Three (Bandana Entertainment, LLC dba Bat 17, 1709 Benson Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class C of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: C Hotel or Restaurant Liquor None $4,300 $4,300 $4,300 2423 Core 11 a.m. — 1 a.m. (Mon-Wed); 11 a.m. — 2 a.m. (Thurs-Sat); 10 a.m. — 1 a.m. (Sun) 11 a.m. — 2 a.m. on New Year's Day, Memorial Day, Fourth of July, Labor Day and Thanksgiving SECTION 2: Subsection 346-(C) of the Evanston City Code of 2012, as amended, is hereby further amended by decreasing the number of Class C liquor licenses from twenty-four (24) to twenty-three (23) to read as follows: (C) CLASS C licenses, which shall authorize the sale on the premises specified of alcoholic liquor only for consumption on the premises while food is available. Such licenses may be issued only to hotels or restaurants in the core area. Establishments holding Class C licenses must have some food service available when alcoholic liquor is being sold. The meanings of "hotel," "restaurant," and "core area" shall be as defined in 3-4-1 of this Chapter. 273 of 793 85-O-18 ~2~ 1. The sale of alcoholic liquor shall not take place 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 Friday, Saturday, Sunday mornings and up to 2:00 a.m. on the mornings of January 1, Memorial Day, July 4, Labor Day and Thanksgiving; however, no such sales shall be made between 2:00 a.m. and 10:00 a.m. on Sunday. 2. A licensee operating a licensed restaurant which leases space in a hotel, may sell alcoholic liquor to registered guests of that hotel. Any alcoholic liquor sold must be consumed on the premises of the hotel, and be sold while food service is available in the restaurant or hotel. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be four thousand three hundred dollars ($4,300.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of 3-4-7 of this Chapter, shall be four thousand five hundred fifteen dollars ($4,515.00). No more than twenty-four (24) twenty-three (23) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 274 of 793 85-O-18 ~3~ SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2018 Adopted: ___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 275 of 793 For City Council meeting of September 17, 2018 Item A21 Ordinance 86-O-18: Increasing Class C Liquor License Bat 17 For Introduction & Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Michelle L. Masoncup, Corporation Counsel Theresa Whittington, Liquor Licensing Manager & Legal Analyst Subject: Ordinance 86-O-18, Decreasing the Number of Class C Liquor Licenses for Tereneo 3634, LLC d/b/a Bat 17, 1709 Benson Avenue. Date: August 29, 2018 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 86-O-18, amending Evanston City Code Subsection 3-4-6-(C) to increase the number of Class C Liquor Licenses from twenty-three (23) to twenty-four (24) and permit issuance of a Class C license to Tereneo 3634, LLC d/b/a Bat 17, 1709 Benson Avenue. Alderman Fiske recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. Livability Benefit: Economy & Jobs: Retain and expand local businesses. Summary: Ordinance 86-0-18 will permit Tereneo 3634, LLC dba Bat 17(“Company”) to retail sale of alcoholic liquor in a hotel to restaurant in the core area only to persons of at least twenty-one (21) years of age for consumption on the premises. Company representative Sylvia Jimenez submitted application materials. Legislative History: At the August 29, 2018 Liquor Control Review Board meeting, Company requested consideration of application for a Class C liquor license. ------------------------------------------------------------------------------------- Attachments: Ordinance 86-O-18 Application Minutes of the August 29, 2018 Liquor Control Review Board meeting. Memorandum 276 of 793 7/27/2018 86-O-18 AN ORDINANCE Amending City Code Section 346-(C) to Increase the Number of Class C Liquor Licenses from Twenty-Three to Twenty-Four (Tereneo 3634, LLC dba Bat 17, 1709 Benson Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class C of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: C Hotel or Restaurant Liquor None $4,300 $4,300 $4,300 2324 Core 11 a.m. — 1 a.m. (Mon-Wed); 11 a.m. — 2 a.m. (Thurs-Sat); 10 a.m. — 1 a.m. (Sun) 11 a.m. — 2 a.m. on New Year's Day, Memorial Day, Fourth of July, Labor Day and Thanksgiving SECTION 2: Subsection 346-(C) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class C liquor licenses from twenty-three (23) to twenty-four (24) to read as follows: (C) CLASS C licenses, which shall authorize the sale on the premises specified of alcoholic liquor only for consumption on the premises while food is available. Such licenses may be issued only to hotels or restaurants in the core area. Establishments holding Class C licenses must have some food service available when alcoholic liquor is being sold. The meanings of "hotel," "restaurant," and "core area" shall be as defined in 3-4-1 of this Chapter. 277 of 793 86-O-18 ~2~ 1. The sale of alcoholic liquor shall not take place 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 Friday, Saturday, Sunday mornings and up to 2:00 a.m. on the mornings of January 1, Memorial Day, July 4, Labor Day and Thanksgiving; however, no such sales shall be made between 2:00 a.m. and 10:00 a.m. on Sunday. 2. A licensee operating a licensed restaurant which leases space in a hotel, may sell alcoholic liquor to registered guests of that hotel. Any alcoholic liquor sold must be consumed on the premises of the hotel, and be sold while food service is available in the restaurant or hotel. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be four thousand three hundred dollars ($4,300.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of 3-4-7 of this Chapter, shall be four thousand five hundred fifteen dollars ($4,515.00). No more than twenty-three (23) twenty-four (24) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 278 of 793 86-O-18 ~3~ SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2018 Adopted: ___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 279 of 793 280 of 793 281 of 793 282 of 793 283 of 793 284 of 793 285 of 793 286 of 793 287 of 793 288 of 793 289 of 793 290 of 793 291 of 793 292 of 793 293 of 793 294 of 793 295 of 793 296 of 793 297 of 793 298 of 793 299 of 793 300 of 793 301 of 793 302 of 793 303 of 793 304 of 793 305 of 793 306 of 793 307 of 793 308 of 793 309 of 793 310 of 793 FINAL Page 1 of 4 C MEETING MINUTES Liquor Control Board Wednesday, August 29, 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: Theresa Whittington, Mario Treto Others Present: Joseph Gattuso (Compass Group); Mary Pat Dorner (Compass Group); Sylvia Xim'enez (Tereneo 3634 LLC); Alan Anderson (Northwestern University); Mike Polisky (Northwestern); Zubin Kammula (Levy Premium Foodservice); Terra Westhaus (Next of Kinship); Gail Taggart (Next of Kinship); Peter O’Malley (Beer on Central); Brian O’Malley (Beer on Central); Sandeep Ghaey (Vinic Wine); Lorraine Dostal (Theo Ubique) 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 Compass Group USA, Inc., d/b/a Chartwell’s-Norris Center, Northwestern University, 1999 Campus Drive Joe Gattuso spoke on behalf of Compass Group’s request for a c lass R and class T liquor license. Compass Group is taking over the food and beverage services at Northwestern’s Chicago and Evanston campuses. These services were previously offered by Sodexo. In Evanston, Compass Group will operate as Chartwell’s at Norris Center. There will not be any daily or regular alcohol service at Norris center. Instead, the class R license will be used to host special events taking place at Norris Center. The class T catering license will be used to provide services for other events located on campus. Mayor Hagerty asked Compass to explain how they will monitor and prevent underage drinking. Mary Pat Dorner (catering Director) explained that NU hires only licensed bartenders and uses wristbands at events where underage guests will be in attendance. Alan Anderson of Northwestern University stated that often registries for events will have the ages of guests and wristbands issue at check in. 311 of 793 FINAL Page 2 of 4 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 liquor license issuance to be introduced at the City Council meeting on September 17, 2018. TERENEO 3634 LLC d/b/a Bat 17, 1709 Bensen Ave. Sylvia Xim'enez requested consideration of a Class C (Restaurant-Liquor) license. She intends to close on the purchase of Bat 17 and would like a liquor license issued in the name of the new owner. She stated that there will not be any changes in the daily operations. The only changes will be cosmetic. Mayor Hagerty expressed his zero tolerance for underage drinking and his expectation that the business will abide by all rules and regulations. Ms. Xim'enez said her family is 4th generation restaurant owners and in over 40 years in the business they have never had any issued with underage drinking. 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 September 17, 2018. Northwestern University, 633 Clark street, Evanston, IL 60208 Mike Polisky requested consideration of an amendment to the class Z1 and Z2 license classes to allow sale of alcohol up to 4 hours before kickoff at NU football games. The university is looking to improve the experience of ticket holders in the hopes of retaining and growing its season ticket base. NU is offering a “game day experience” pilot program during NU football games. The intention is to offer responsible and social opportunities four hours prior to kickoff. The End Zone will feature a beer garden, food trucks, and entertainment. Wild Cat Alley will have more family-friendly activities. There will be a police presence and security at all games. Mayor Hagerty expressed a need to maintain the family friendly atmosphere and asked what other Big Ten schools do. Mr. Polisky stated that a majority of Big Ten universities sell alcohol in the stadium. This is not something they are requesting at this time. Dick Peach asked if the alcohol sales will be restricted to ticket holders. Mr. Polisky affirmed that only game ticket holders would have access to the events. Kickoff time is set by the conference and not the University. Some of the games will have kickoff times as early as 11 am and others have yet to be determined. As currently written, one day license classes Z1 and Z2 allow for on premise sale of alcohol during the hours of 10:00 a.m. to 10:30 p.m., Sunday through Thursday, and 10:00 a.m. to 2:00 a.m., Friday through Sunday. NU seeks an amendment that would allow it to begin some of its game day events earlier than 10 am. The board agreed to amend the Z1 and Z2 license classes to allow applicants to apply for extend ed hours of sales. Such requests would be required to go before City Council. 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 an amendment to be introduced at the City Council meeting on September 17, 2018. Levy Premium Foodservice Limited Partnership dba Levy at Walter Athletics Center 312 of 793 FINAL Page 3 of 4 Zubin Kammula requested consideration of a Class T (Catering-Liquor) license on behalf of Levy Premium Foodservice. Levy Premium Foodservice is a subsidiary of Compass Group USA. Levy Premium Foodservice specializes in managing food and beverage services at athletic facilities. It is seeking a class T (catering) license in order to provide service at private alumni and booster events as well as game day events during football season. 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 liquor license issuance to be introduced at the City Council meeting on September 17, 2018. L3 Evanston, LLC d/b/a Next of Kinship, 1603 Orrington Avenue Terra Westhaus spoke on behalf of Next of Kinship’s request for a class T (catering) liquor license. Next of Kinship currently holds a class C restaurant liquor license and reopened in February under a new concept. It now wishes to expand into catering events offsite and offering food and alcohol. It holds similar licenses in Chicago. 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 liquor license issuance to be introduced at the City Council meeting on September 17, 2018. Vinic Wine Company d/b/a Vinic Wine Company, 1509 Chicago Sandeep Ghaey requested consideration of an amendment to class K to allow onsite tasting of alcoholic sprits not to exceed 2.75 fluid ounces and consideration of an amendment to adjust wine container size to 6.32 fluid ounces or greater for off-site consumption. Sandeep Ghaey explained that these limits are similar to those granted to Binny’s in its Class F-2 license class. He is asking that Class K be allowed the same limits. 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 an amendment to be introduced at the City Council meeting on September 17, 2018. Beer on Central, 1930 Central St. Peter O’Malley requested consideration of amendment to class K to remove the onsite consumption limit of beer. He feels that BASSET training will provide adequate guidance for consumption limits to avoid overserving customers. It’s a small space and it is easy to keep an eye on customers and know when to make them stop drinking. He said different businesses such as Temperance and Sketchbook (craft breweries) do not have limits on how much beer their customers can consume and he wants to offer his customers the same opportunities. Mayor Hagerty views the primary function of Beer on Central as a craft beer retailer with a tasting room. Mayor Hagerty noted that the primary function of Temperance and Sketchbook are brewers of beer. Dick Peach questioned the difference between World of Beer and Beer on Central. Mayor Hagerty pointed out that World of Beer does not sell packaged goods. Mayor Hagerty stated that the original concept presented by Beer on Central was that of a small packaged goods store with some tastings. Dick Peach noted that now it seems to want to expand from tastings into a bar. Peter O’Malley says it’s no more or less a bar than Temperance or Sketchbook. Mayor Hagerty asked how many customers Beer on Central typically has 313 of 793 FINAL Page 4 of 4 at the bar. Peter O’Malley guessed 10-12 on weekdays and 20-24 people on weekends; at its busiest, 25-30 people. Mayor Hagerty said he needed more time to consider the request and the issue will get continued. No action was taken. The Board recommended continuing the matter. Theo Ubique Cabaret Theatre, 721 Howard Street Lorraine Dostal requested amendments to the class U (Theatre) liquor license. Class U allows alcohol sales one hour prior to shows and during intermission in the lobby only. She explained that Theo Ubique is a cabaret dinner theater that plans to serve alcohol in the theater as part of dinner service and at a bar in the theater. Dinners will be provided by a catering service. All servers will be BASSET trained. Because the theater lacks a traditional lobby, she is requesting an amendment that eliminates the lobby requirement. She also requested an adjustment to hours of service, as alcohol will be served during the shows with dinner and not limited to before shows and during intermissions. In addition to its regular show season, the theater is interested in hosting auxiliary events such as movie sing along nights and special events as a way of earning money in between show productions. Lorraine Dostal explained that the theater does not intend to run a kitchen and would instead offer snacks during those auxiliary events. Alderman Rainey and board members expressed concern over alcohol service that did not accompany food and expressed that Theo Ubique needs to give additional thought to its business plan and food offerings with respect to the auxiliary events. It was agreed that the amendments to hours and location of service with respect to dinner theater service will get introduced to City Council and that Theo Ubique will need to rework its business pan with respect to food service during its auxiliary events. 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 an amendment to be introduced at the City Council meeting on September 17, 2018. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Stephen H. Hagerty, Mayor at 12:43 a.m. August 29, 2018. Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 314 of 793 For City Council meeting of September 17, 2018 Item A22 Ordinance 87-O-18: Decreasing Class R Liquor License Northwestern University- Norris Center For Introduction & Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Michelle L. Masoncup, Corporation Counsel Theresa Whittington, Liquor Licensing Manager & Legal Analyst Subject: Ordinance 87-O-18, Decreasing the Number of Class R Liquor Licenses for Sodexo America, LLC dba Northwestern University – Norris Center, 1999 Campus Drive Date: August 29, 2018 Recommended Action: Staff recommends City Council adoption of Ordinance 87-O-18, amending Evanston City Code Subsection 3-4-6-(R) to decrease the number of Class R Liquor Licenses from three (3) to two (2). Staff recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. Livability Benefit: Innovation & Process: Support local government best practices and processes. Summary: Ordinance 87-O-18 amends Evanston City Code of 2012 Subsection 3-4-6-(R), as amended, to decrease the number of authorized Class R liquor licenses from three (3) to two (2). Sodexo America, LLC dba Northwestern University – Norris Center has closed. This Ordinance amends the City Code to reflect the decrease in Class R liquor licenses. ------------------------------------------------------------------------------------- Attachments: Ordinance 87-O-18 Memorandum 315 of 793 7/27/2018 87-O-18 AN ORDINANCE Amending City Code Section 346-(R) to Decrease the Number of Class R Liquor Licenses from Three to Two (Sodexo America, LLC dba Northwestern University – Norris Center, 1999 Campus Drive) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class R of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: R University Liquor None $4,300 $4,300 3 2 University Area 11 a.m. — 1 a.m. (Mon-Thurs); 11 a.m. — 2 a.m. (Fri-Sat); 12 p.m. — 1 a.m. (Sun) SECTION 2: Subsection 346-(R) of the Evanston City Code of 2012, as amended, is hereby further amended by decreasing the number of Class R liquor licenses from three (3) to two (2) to read as follows: (R) CLASS R licenses, which shall authorize the sale on the premises specified of alcoholic liquor only for consumption upon the premises while food service is available. Such licenses shall be issued only to premises owned, operated and maintained by not for profit educational institutions within the designated university areas. Establishments holding Class R licenses must have some food service available when alcoholic liquor is being sold. Sales of alcoholic liquor by Class R licensees shall be to students, faculty, alumni, invited guests and staff of the licensee only. The term "university area" shall be as defined in Section 3-4-1 of this Chapter. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. 316 of 793 87-O-18 ~2~ The annual fee for such license shall be four thousand three hundred dollars ($4,300.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable according to the provisions of Section 3-4-7 of this Chapter, shall be four thousand five hundred fifteen dollars ($4,515.00). No more than three (3) two (2) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2018 Adopted: ___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 317 of 793 For City Council meeting of September 17, 2018 Item A23 Ordinance 88-O-18: Increasing Class R Liquor License Chartwell’s NU Norris Center For Introduction & Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Michelle L. Masoncup, Corporation Counsel Theresa Whittington, Liquor Licensing Manager & Legal Analyst Subject: Ordinance 88-O-18, Increasing the Number of Class R Liquor Licenses for Compass Group USA, Inc. d/b/a Chartwell’s - Northwestern University Norris Center, 1999 Campus Drive. Date: September 11, 2018 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 88-O-18, amending Evanston City Code Subsection 3-4-6-(R) to increase the number of Class R Liquor Licenses from two (2) to three (3) and permit issuance of a Class R license to Compass Group USA, Inc. d/b/a Chartwell’s - Northwestern University Norris Center, 1999 Campus Drive. Staff recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. Livability Benefit: Economy & Jobs: Retain and expand local businesses. Summary: Ordinance 88-0-18 will permit Compass Group USA, Inc. dba Chartwell’s - Northwestern University Norris Center (“Company”) to retail sale of alcoholic liquor in the University Area only to persons of at least twenty-one (21) years of age for consumption on the premises. Company representative Jennifer McConnell submitted application materials. Legislative History: At the August 29, 2018 Liquor Control Review Board meeting, Company requested consideration of application for a Class R liquor license. ------------------------------------------------------------------------------------- Attachments: Ordinance 88-O-18 Application Minutes of the August 29, 2018 Liquor Control Review Board meeting. Memorandum 318 of 793 7/27/2018 88-O-18 AN ORDINANCE Amending City Code Section 346-(R) to Increase the Number of Class R Liquor Licenses from Two to Three (Compass Group USA, Inc. dba Chartwell's- Northwestern University Norris Center, 1999 Campus Drive) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class R of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: R University Liquor None $4,300 $4,300 2 3 University Area 11 a.m. — 1 a.m. (Mon-Thurs); 11 a.m. — 2 a.m. (Fri-Sat); 12 p.m. — 1 a.m. (Sun) SECTION 2: Subsection 346-(R) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class R liquor licenses from two (2) to three (3) to read as follows: (R) CLASS R licenses, which shall authorize the sale on the premises specified of alcoholic liquor only for consumption upon the premises while food service is available. Such licenses shall be issued only to premises owned, operated and maintained by not for profit educational institutions within the designated university areas. Establishments holding Class R licenses must have some food service available when alcoholic liquor is being sold. Sales of alcoholic liquor by Class R licensees shall be to students, faculty, alumni, invited guests and staff of the licensee only. The term "university area" shall be as defined in Section 3-4-1 of this Chapter. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. 319 of 793 88-O-18 ~2~ The annual fee for such license shall be four thousand three hundred dollars ($4,300.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable according to the provisions of Section 3-4-7 of this Chapter, shall be four thousand five hundred fifteen dollars ($4,515.00). No more than two (2) three (3) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2018 Adopted: ___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 320 of 793 321 of 793 322 of 793 323 of 793 324 of 793 325 of 793 326 of 793 327 of 793 328 of 793 329 of 793 330 of 793 331 of 793 332 of 793 333 of 793 334 of 793 335 of 793 336 of 793 337 of 793 338 of 793 339 of 793 340 of 793 341 of 793 342 of 793 343 of 793 344 of 793 345 of 793 346 of 793 347 of 793 348 of 793 349 of 793 350 of 793 351 of 793 352 of 793 353 of 793 354 of 793 355 of 793 356 of 793 357 of 793 358 of 793 359 of 793 360 of 793 361 of 793 362 of 793 363 of 793 364 of 793 365 of 793 366 of 793 367 of 793 368 of 793 369 of 793 370 of 793 371 of 793 372 of 793 373 of 793 Tennis Courts CAMPUS DRIVEWELLS FIELD TRIENENS HALL ANDERSON HALL NICOLET FOOTBALL CENTER BYRON S. COON SPORTS CENTER Inset is 3⁄4 mile west ISABELLA STREET CENTRAL STREETASHLAND AVENUEASBURY AVENUEWIEBOLDT HOUSE (off map) President’s Residence 639 Central Street LONG FIELD (Recreation) PATTEN GYMNASIUM LINCOLN STREET COLFAX STREET DARTMOUTH PLACE NOYES STREET HAVEN STREET GARRETT PLACE LIBRARY PLACE FOSTER STREET MILBURN STREET STUDENT RESIDENCES Tennis Courts The Rock CAMPUS DRIVENORRIS AQUATICS CENTER HENRY CROWN SPORTS PAVILION/ COMBE TENNIS CENTER INTERNATIONAL OFFICE LUTHERAN CENTER SEABURY-WESTERN THEOLOGICAL SEMINARY SHEIL CATHOLIC CENTERSIMPSON STREET Inset is 1⁄2 mile west CHABAD HOUSE CANTERBURY HOUSE ENGELHART HALL ITEC EMERSON STREET UNIVERSITY PLACE E L G I N R O A D CLARK STREET FAMILY INSTITUTE BLOMQUIST RECREATION CENTER FOSTER- WALKER COMPLEX SEARLE HALL SCOTT HALL CAHN AUDITORIUM HARRIS HALL UNIVERSITY HALL BENSON AVENUESHERMAN AVENUEORRINGTON AVENUECHICAGO AVENUEHINMAN AVENUEJUDSON AVENUECHUR C H S T R E E T DAVIS S T R E E T ORRINGTON HOTEL McMANUS LIVING-LEARNING CENTER REBECCA CROWN CENTER 1800 SHERMAN AVENUE BUSINESS OFFICE CLAR K S T R E E T LUTKIN HALL MUSIC ADMIN.MUSIC PRACTICE HUMAN RESOURCES UNIVERSITY RELATIONS ADMISSION/ FINANCIAL AID STUDENT RESIDENCES JOHN EVANS ALUMNI CENTER UNIVERSITY POLICE MILLAR CHAPEL LEVERE MEMORIAL TEMPLE PARKES HALL SHER I D A N R O A D SHERIDAN ROADSHERIDAN ROADSHERIDAN ROADBOATHOUSE LOUIS HALLFISK HALL LOCY HALL KRESGE CENTENNIAL HALL ANNIE MAY SWIFT HALL BLOCK MUSEUM PICK-STAIGER CONCERT HALL REGENSTEIN HALL OF MUSIC THEATRE AND INTERPRETATION CENTER MARSHALL DANCE CENTER Lake Michigan Parking Campus access road Service road (authorized vehicles only) Bicycle/pedestrian path CTA el station Metra railroad station Emergency “Blue Light” telephone 11/06 Northwestern University Evanston, Illinois NORTH FRANCES SEARLE BUILDING MUDD LIBRARY COOK HALL HOGAN BIOLOGICAL SCIENCES BUILDING PANCOE-ENH LIFE SCIENCES PAVILION ALLEN CENTER ANNENBERG HALL CENTRAL UTILITY PLANT NORRIS UNIVERSITY CENTER McCORMICK AUDITORIUM UNIVERSITY LIBRARY TECHNOLOGICAL INSTITUTE DEARBORN OBSERVATORY GARRETT- EVANGELICAL THEOLOGICAL SEMINARY SWIFT HALL SHANLEY HALL LUNT HALL DEERING LIBRARY CRESAP LABORATORY LEVERONE HALLORRINGTON AVENUESHERMAN AVENUEMcGAW MEMORIAL HALL/ WELSH-RYAN ARENA RYAN FIELD 2020 RIDGE LEON PLACE RIDGE AVENUEUNIVERSITY DEVELOPMENT STUDENT RESIDENCES Beach Leonard B. Thomas Athletic Complex STUDENT RESIDENCES STUDENT RESIDENCES The Arch CTA to ChicagoMetra to Chicago STUDENT FIEDLER HILLEL CENTER ARTHUR ANDERSEN HALL OWEN L. COON FORUMJACOBS CENTER CAREER SERVICES NANOFABRICATION CENTER CAMPUS DRIVEMcCORMICK TRIBUNE CENTER RESIDENCES CROWE HALL A R T S C IR C L E D R IV E TECH DRIVE CAMPUS DRIVE CHAMBERS HALL SCHOOL OF CONTINUING STUDIES CHURCH STREET DAVIS STREET FORD MOTOR COMPANY ENGINEERING DESIGN CENTER ShakespeareGarden CATALYSIS CENTER 374 of 793 375 of 793 376 of 793 FINAL Page 1 of 4 C MEETING MINUTES Liquor Control Board Wednesday, August 29, 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: Theresa Whittington, Mario Treto Others Present: Joseph Gattuso (Compass Group); Mary Pat Dorner (Compass Group); Sylvia Xim'enez (Tereneo 3634 LLC); Alan Anderson (Northwestern University); Mike Polisky (Northwestern); Zubin Kammula (Levy Premium Foodservice); Terra Westhaus (Next of Kinship); Gail Taggart (Next of Kinship); Peter O’Malley (Beer on Central); Brian O’Malley (Beer on Central); Sandeep Ghaey (Vinic Wine); Lorraine Dostal (Theo Ubique) 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 Compass Group USA, Inc., d/b/a Chartwell’s-Norris Center, Northwestern University, 1999 Campus Drive Joe Gattuso spoke on behalf of Compass Group’s request for a c lass R and class T liquor license. Compass Group is taking over the food and beverage services at Northwestern’s Chicago and Evanston campuses. These services were previously offered by Sodexo. In Evanston, Compass Group will operate as Chartwell’s at Norris Center. There will not be any daily or regular alcohol service at Norris center. Instead, the class R license will be used to host special events taking place at Norris Center. The class T catering license will be used to provide services for other events located on campus. Mayor Hagerty asked Compass to explain how they will monitor and prevent underage drinking. Mary Pat Dorner (catering Director) explained that NU hires only licensed bartenders and uses wristbands at events where underage guests will be in attendance. Alan Anderson of Northwestern University stated that often registries for events will have the ages of guests and wristbands issue at check in. 377 of 793 FINAL Page 2 of 4 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 liquor license issuance to be introduced at the City Council meeting on September 17, 2018. TERENEO 3634 LLC d/b/a Bat 17, 1709 Bensen Ave. Sylvia Xim'enez requested consideration of a Class C (Restaurant-Liquor) license. She intends to close on the purchase of Bat 17 and would like a liquor license issued in the name of the new owner. She stated that there will not be any changes in the daily operations. The only changes will be cosmetic. Mayor Hagerty expressed his zero tolerance for underage drinking and his expectation that the business will abide by all rules and regulations. Ms. Xim'enez said her family is 4th generation restaurant owners and in over 40 years in the business they have never had any issued with underage drinking. 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 September 17, 2018. Northwestern University, 633 Clark street, Evanston, IL 60208 Mike Polisky requested consideration of an amendment to the class Z1 and Z2 license classes to allow sale of alcohol up to 4 hours before kickoff at NU football games. The university is looking to improve the experience of ticket holders in the hopes of retaining and growing its season ticket base. NU is offering a “game day experience” pilot program during NU football games. The intention is to offer responsible and social opportunities four hours prior to kickoff. The End Zone will feature a beer garden, food trucks, and entertainment. Wild Cat Alley will have more family-friendly activities. There will be a police presence and security at all games. Mayor Hagerty expressed a need to maintain the family friendly atmosphere and asked what other Big Ten schools do. Mr. Polisky stated that a majority of Big Ten universities sell alcohol in the stadium. This is not something they are requesting at this time. Dick Peach asked if the alcohol sales will be restricted to ticket holders. Mr. Polisky affirmed that only game ticket holders would have access to the events. Kickoff time is set by the conference and not the University. Some of the games will have kickoff times as early as 11 am and others have yet to be determined. As currently written, one day license classes Z1 and Z2 allow for on premise sale of alcohol during the hours of 10:00 a.m. to 10:30 p.m., Sunday through Thursday, and 10:00 a.m. to 2:00 a.m., Friday through Sunday. NU seeks an amendment that would allow it to begin some of its game day events earlier than 10 am. The board agreed to amend the Z1 and Z2 license classes to allow applicants to apply for extend ed hours of sales. Such requests would be required to go before City Council. 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 an amendment to be introduced at the City Council meeting on September 17, 2018. Levy Premium Foodservice Limited Partnership dba Levy at Walter Athletics Center 378 of 793 FINAL Page 3 of 4 Zubin Kammula requested consideration of a Class T (Catering-Liquor) license on behalf of Levy Premium Foodservice. Levy Premium Foodservice is a subsidiary of Compass Group USA. Levy Premium Foodservice specializes in managing food and beverage services at athletic facilities. It is seeking a class T (catering) license in order to provide service at private alumni and booster events as well as game day events during football season. 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 liquor license issuance to be introduced at the City Council meeting on September 17, 2018. L3 Evanston, LLC d/b/a Next of Kinship, 1603 Orrington Avenue Terra Westhaus spoke on behalf of Next of Kinship’s request for a class T (catering) liquor license. Next of Kinship currently holds a class C restaurant liquor license and reopened in February under a new concept. It now wishes to expand into catering events offsite and offering food and alcohol. It holds similar licenses in Chicago. 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 liquor license issuance to be introduced at the City Council meeting on September 17, 2018. Vinic Wine Company d/b/a Vinic Wine Company, 1509 Chicago Sandeep Ghaey requested consideration of an amendment to class K to allow onsite tasting of alcoholic sprits not to exceed 2.75 fluid ounces and consideration of an amendment to adjust wine container size to 6.32 fluid ounces or greater for off-site consumption. Sandeep Ghaey explained that these limits are similar to those granted to Binny’s in its Class F-2 license class. He is asking that Class K be allowed the same limits. 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 an amendment to be introduced at the City Council meeting on September 17, 2018. Beer on Central, 1930 Central St. Peter O’Malley requested consideration of amendment to class K to remove the onsite consumption limit of beer. He feels that BASSET training will provide adequate guidance for consumption limits to avoid overserving customers. It’s a small space and it is easy to keep an eye on customers and know when to make them stop drinking. He said different businesses such as Temperance and Sketchbook (craft breweries) do not have limits on how much beer their customers can consume and he wants to offer his customers the same opportunities. Mayor Hagerty views the primary function of Beer on Central as a craft beer retailer with a tasting room. Mayor Hagerty noted that the primary function of Temperance and Sketchbook are brewers of beer. Dick Peach questioned the difference between World of Beer and Beer on Central. Mayor Hagerty pointed out that World of Beer does not sell packaged goods. Mayor Hagerty stated that the original concept presented by Beer on Central was that of a small packaged goods store with some tastings. Dick Peach noted that now it seems to want to expand from tastings into a bar. Peter O’Malley says it’s no more or less a bar than Temperance or Sketchbook. Mayor Hagerty asked how many customers Beer on Central typically has 379 of 793 FINAL Page 4 of 4 at the bar. Peter O’Malley guessed 10-12 on weekdays and 20-24 people on weekends; at its busiest, 25-30 people. Mayor Hagerty said he needed more time to consider the request and the issue will get continued. No action was taken. The Board recommended continuing the matter. Theo Ubique Cabaret Theatre, 721 Howard Street Lorraine Dostal requested amendments to the class U (Theatre) liquor license. Class U allows alcohol sales one hour prior to shows and during intermission in the lobby only. She explained that Theo Ubique is a cabaret dinner theater that plans to serve alcohol in the theater as part of dinner service and at a bar in the theater. Dinners will be provided by a catering service. All servers will be BASSET trained. Because the theater lacks a traditional lobby, she is requesting an amendment that eliminates the lobby requirement. She also requested an adjustment to hours of service, as alcohol will be served during the shows with dinner and not limited to before shows and during intermissions. In addition to its regular show season, the theater is interested in hosting auxiliary events such as movie sing along nights and special events as a way of earning money in between show productions. Lorraine Dostal explained that the theater does not intend to run a kitchen and would instead offer snacks during those auxiliary events. Alderman Rainey and board members expressed concern over alcohol service that did not accompany food and expressed that Theo Ubique needs to give additional thought to its business plan and food offerings with respect to the auxiliary events. It was agreed that the amendments to hours and location of service with respect to dinner theater service will get introduced to City Council and that Theo Ubique will need to rework its business pan with respect to food service during its auxiliary events. 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 an amendment to be introduced at the City Council meeting on September 17, 2018. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Stephen H. Hagerty, Mayor at 12:43 a.m. August 29, 2018. Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 380 of 793 For City Council meeting of September 17, 2018 Item A24 Ordinance 89-O-18: Decreasing Class T Liquor License Sodexo America For Introduction & Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Michelle L. Masoncup, Corporation Counsel Theresa Whittington, Liquor Licensing Manager & Legal Analyst Subject: Ordinance 89-O-18, Decreasing the Number of Class T Liquor Licenses for Sodexo America, LLC d/b/a Sodexo America, 1501 Central Street Date: August 29, 2018 Recommended Action: Staff recommends City Council adoption of Ordinance 89-O-18, amending Evanston City Code Subsection 3-4-6-(T) to decrease the number of Class T Liquor Licenses from three (3) to two (2). Staff recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. Livability Benefit: Innovation & Process: Support local government best practices and processes. Summary: Ordinance 89-O-18 amends Evanston City Code of 2012 Subsection 3-4-6-(T), as amended, to decrease the number of authorized Class T liquor licenses from three (3) to two (2). Sodexo America, LLC dba Sodexo America has closed. This Ordinance amends the City Code to reflect the decrease in Class T liquor licenses. ------------------------------------------------------------------------------------- Attachments: Ordinance 89-O-18 Memorandum 381 of 793 7/27/2018 89-O-18 AN ORDINANCE Amending City Code Section 346-(T) to Decrease the Number of Class T Liquor Licenses from Three to Two (Sodexo America, LLC dba Sodexo America, 1501 Central Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class T of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: T Catering Liquor None $1,800 $1,800 3 2 None 10 a.m. — 1 a.m. (Mon-Fri); 10 a.m. — 2 a.m. (Sat-Sun) SECTION 2: Subsection 346-(T) of the Evanston City Code of 2012, as amended, is hereby further amended by decreasing the number of Class T liquor licenses from three (3) to two (2) to read as follows: (T) CLASS T licenses, which shall authorize the sale of alcoholic liquor for consumption on the premises where served, only to invited guests at private, catered functions. Such licenses shall be issued only to businesses defined as catering establishments under Title 6 of this Code and having a current Evanston business license. Catering establishments holding Class T licenses must have food service available when alcoholic liquor is being served. The service of alcoholic liquor shall be by employees of the licensed catering business. Class T licensees shall serve alcoholic liquor only to invited guests at catered functions. Such licenses shall be issued only for the premises owned, operated, or maintained by the licensed catering business or for the location in which the licensed catering business shall serve food and alcoholic liquor. The service of alcoholic liquor shall only take place from 10:00 a.m. to 1:00 a.m.; except, that service may be made up to 2:00 a.m. on Saturday and Sunday mornings. The sale of alcoholic liquor shall be deemed to occur at the address of the catering establishment. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. 382 of 793 89-O-18 ~2~ The annual single payment fee for initial issuance or renewal of such license shall be one thousand eight hundred dollars ($1,800.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be one thousand eight hundred ninety dollars ($1,890.00). No more than three (3) two (2) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2018 Adopted: ___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 383 of 793 For City Council meeting of September 17, 2018 Item A25 Ordinance 90-O-18: Increasing Class T Liquor License Chartwell’s For Introduction & Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Michelle L. Masoncup, Corporation Counsel Theresa Whittington, Liquor Licensing Manager & Legal Analyst Subject: Ordinance 90-O-18, Increasing the Number of Class T Liquor Licenses for Compass Group USA, Inc., d/b/a Chartwell’s, 1999 Campus Drive. Date: September 11, 2018 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 90-O-18, amending Evanston City Code Subsection 3-4-6-(T) to increase the number of Class T Liquor Licenses from two (2) to three (3) and permit issuance of a Class T license to Compass Group USA, Inc., d/b/a Chartwell’s, 1999 Campus Drive. Staff recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. Livability Benefit: Economy & Jobs: Retain and expand local businesses. Summary: Ordinance 90-0-18 will permit Compass Group USA, Inc., dba Chartwell’s, (“Company”) to retail sale of alcoholic liquor only to invited persons of at least twenty-one (21) years of age for consumption at private and catered functions. Company representative Jennifer McConnell submitted application materials. Legislative History: At the August 29, 2018 Liquor Control Review Board meeting, Company requested consideration of application for a Class T liquor license. ------------------------------------------------------------------------------------- Attachments: Ordinance 90-O-18 Application Minutes of the August 29, 2018 Liquor Control Review Board meeting. Memorandum 384 of 793 7/27/2018 90-O-18 AN ORDINANCE Amending City Code Section 346-(T) to Increase the Number of Class T Liquor Licenses from Two to three (Compass Group USA, Inc., dba Chartwell’s, 1999 Campus Drive) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class T of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: T Catering Liquor None $1,800 $1,800 2 3 None 10 a.m. — 1 a.m. (Mon-Fri); 10 a.m. — 2 a.m. (Sat-Sun) SECTION 2: Subsection 346-(T) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class T liquor licenses from two (2) to three (3) to read as follows: (T) CLASS T licenses, which shall authorize the sale of alcoholic liquor for consumption on the premises where served, only to invited guests at private, catered functions. Such licenses shall be issued only to businesses defined as catering establishments under Title 6 of this Code and having a current Evanston business license. Catering establishments holding Class T licenses must have food service available when alcoholic liquor is being served. The service of alcoholic liquor shall be by employees of the licensed catering business. Class T licensees shall serve alcoholic liquor only to invited guests at catered functions. Such licenses shall be issued only for the premises owned, operated, or maintained by the licensed catering business or for the location in which the licensed catering business shall serve food and alcoholic liquor. The service of alcoholic liquor shall only take place from 10:00 a.m. to 1:00 a.m.; except, that service may be made up to 2:00 a.m. on Saturday and Sunday mornings. The sale of alcoholic liquor shall be deemed to occur at the address of the catering establishment. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. 385 of 793 90-O-18 ~2~ The annual single payment fee for initial issuance or renewal of such license shall be one thousand eight hundred dollars ($1,800.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be one thousand eight hundred ninety dollars ($1,890.00). No more than two (2) three (3) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2018 Adopted: ___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 386 of 793 387 of 793 388 of 793 389 of 793 390 of 793 391 of 793 392 of 793 393 of 793 394 of 793 395 of 793 396 of 793 397 of 793 398 of 793 399 of 793 400 of 793 401 of 793 402 of 793 403 of 793 404 of 793 405 of 793 406 of 793 407 of 793 408 of 793 409 of 793 410 of 793 411 of 793 412 of 793 413 of 793 414 of 793 415 of 793 Tennis Courts CAMPUS DRIVEWELLS FIELD TRIENENS HALL ANDERSON HALL NICOLET FOOTBALL CENTER BYRON S. COON SPORTS CENTER Inset is 3⁄4 mile west ISABELLA STREET CENTRAL STREETASHLAND AVENUEASBURY AVENUEWIEBOLDT HOUSE (off map) President’s Residence 639 Central Street LONG FIELD (Recreation) PATTEN GYMNASIUM LINCOLN STREET COLFAX STREET DARTMOUTH PLACE NOYES STREET HAVEN STREET GARRETT PLACE LIBRARY PLACE FOSTER STREET MILBURN STREET STUDENT RESIDENCES Tennis Courts The Rock CAMPUS DRIVENORRIS AQUATICS CENTER HENRY CROWN SPORTS PAVILION/ COMBE TENNIS CENTER INTERNATIONAL OFFICE LUTHERAN CENTER SEABURY-WESTERN THEOLOGICAL SEMINARY SHEIL CATHOLIC CENTERSIMPSON STREET Inset is 1⁄2 mile west CHABAD HOUSE CANTERBURY HOUSE ENGELHART HALL ITEC EMERSON STREET UNIVERSITY PLACE E L G I N R O A D CLARK STREET FAMILY INSTITUTE BLOMQUIST RECREATION CENTER FOSTER- WALKER COMPLEX SEARLE HALL SCOTT HALL CAHN AUDITORIUM HARRIS HALL UNIVERSITY HALL BENSON AVENUESHERMAN AVENUEORRINGTON AVENUECHICAGO AVENUEHINMAN AVENUEJUDSON AVENUECHUR C H S T R E E T DAVIS S T R E E T ORRINGTON HOTEL McMANUS LIVING-LEARNING CENTER REBECCA CROWN CENTER 1800 SHERMAN AVENUE BUSINESS OFFICE CLAR K S T R E E T LUTKIN HALL MUSIC ADMIN.MUSIC PRACTICE HUMAN RESOURCES UNIVERSITY RELATIONS ADMISSION/ FINANCIAL AID STUDENT RESIDENCES JOHN EVANS ALUMNI CENTER UNIVERSITY POLICE MILLAR CHAPEL LEVERE MEMORIAL TEMPLE PARKES HALL SHER I D A N R O A D SHERIDAN ROADSHERIDAN ROADSHERIDAN ROADBOATHOUSE LOUIS HALLFISK HALL LOCY HALL KRESGE CENTENNIAL HALL ANNIE MAY SWIFT HALL BLOCK MUSEUM PICK-STAIGER CONCERT HALL REGENSTEIN HALL OF MUSIC THEATRE AND INTERPRETATION CENTER MARSHALL DANCE CENTER Lake Michigan Parking Campus access road Service road (authorized vehicles only) Bicycle/pedestrian path CTA el station Metra railroad station Emergency “Blue Light” telephone 11/06 Northwestern University Evanston, Illinois NORTH FRANCES SEARLE BUILDING MUDD LIBRARY COOK HALL HOGAN BIOLOGICAL SCIENCES BUILDING PANCOE-ENH LIFE SCIENCES PAVILION ALLEN CENTER ANNENBERG HALL CENTRAL UTILITY PLANT NORRIS UNIVERSITY CENTER McCORMICK AUDITORIUM UNIVERSITY LIBRARY TECHNOLOGICAL INSTITUTE DEARBORN OBSERVATORY GARRETT- EVANGELICAL THEOLOGICAL SEMINARY SWIFT HALL SHANLEY HALL LUNT HALL DEERING LIBRARY CRESAP LABORATORY LEVERONE HALLORRINGTON AVENUESHERMAN AVENUEMcGAW MEMORIAL HALL/ WELSH-RYAN ARENA RYAN FIELD 2020 RIDGE LEON PLACE RIDGE AVENUEUNIVERSITY DEVELOPMENT STUDENT RESIDENCES Beach Leonard B. Thomas Athletic Complex STUDENT RESIDENCES STUDENT RESIDENCES The Arch CTA to ChicagoMetra to Chicago STUDENT FIEDLER HILLEL CENTER ARTHUR ANDERSEN HALL OWEN L. COON FORUMJACOBS CENTER CAREER SERVICES NANOFABRICATION CENTER CAMPUS DRIVEMcCORMICK TRIBUNE CENTER RESIDENCES CROWE HALL A R T S C IR C L E D R IV E TECH DRIVE CAMPUS DRIVE CHAMBERS HALL SCHOOL OF CONTINUING STUDIES CHURCH STREET DAVIS STREET FORD MOTOR COMPANY ENGINEERING DESIGN CENTER ShakespeareGarden CATALYSIS CENTER 416 of 793 417 of 793 418 of 793 FINAL Page 1 of 4 C MEETING MINUTES Liquor Control Board Wednesday, August 29, 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: Theresa Whittington, Mario Treto Others Present: Joseph Gattuso (Compass Group); Mary Pat Dorner (Compass Group); Sylvia Xim'enez (Tereneo 3634 LLC); Alan Anderson (Northwestern University); Mike Polisky (Northwestern); Zubin Kammula (Levy Premium Foodservice); Terra Westhaus (Next of Kinship); Gail Taggart (Next of Kinship); Peter O’Malley (Beer on Central); Brian O’Malley (Beer on Central); Sandeep Ghaey (Vinic Wine); Lorraine Dostal (Theo Ubique) 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 Compass Group USA, Inc., d/b/a Chartwell’s-Norris Center, Northwestern University, 1999 Campus Drive Joe Gattuso spoke on behalf of Compass Group’s request for a c lass R and class T liquor license. Compass Group is taking over the food and beverage services at Northwestern’s Chicago and Evanston campuses. These services were previously offered by Sodexo. In Evanston, Compass Group will operate as Chartwell’s at Norris Center. There will not be any daily or regular alcohol service at Norris center. Instead, the class R license will be used to host special events taking place at Norris Center. The class T catering license will be used to provide services for other events located on campus. Mayor Hagerty asked Compass to explain how they will monitor and prevent underage drinking. Mary Pat Dorner (catering Director) explained that NU hires only licensed bartenders and uses wristbands at events where underage guests will be in attendance. Alan Anderson of Northwestern University stated that often registries for events will have the ages of guests and wristbands issue at check in. 419 of 793 FINAL Page 2 of 4 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 liquor license issuance to be introduced at the City Council meeting on September 17, 2018. TERENEO 3634 LLC d/b/a Bat 17, 1709 Bensen Ave. Sylvia Xim'enez requested consideration of a Class C (Restaurant-Liquor) license. She intends to close on the purchase of Bat 17 and would like a liquor license issued in the name of the new owner. She stated that there will not be any changes in the daily operations. The only changes will be cosmetic. Mayor Hagerty expressed his zero tolerance for underage drinking and his expectation that the business will abide by all rules and regulations. Ms. Xim'enez said her family is 4th generation restaurant owners and in over 40 years in the business they have never had any issued with underage drinking. 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 September 17, 2018. Northwestern University, 633 Clark street, Evanston, IL 60208 Mike Polisky requested consideration of an amendment to the class Z1 and Z2 license classes to allow sale of alcohol up to 4 hours before kickoff at NU football games. The university is looking to improve the experience of ticket holders in the hopes of retaining and growing its season ticket base. NU is offering a “game day experience” pilot program during NU football games. The intention is to offer responsible and social opportunities four hours prior to kickoff. The End Zone will feature a beer garden, food trucks, and entertainment. Wild Cat Alley will have more family-friendly activities. There will be a police presence and security at all games. Mayor Hagerty expressed a need to maintain the family friendly atmosphere and asked what other Big Ten schools do. Mr. Polisky stated that a majority of Big Ten universities sell alcohol in the stadium. This is not something they are requesting at this time. Dick Peach asked if the alcohol sales will be restricted to ticket holders. Mr. Polisky affirmed that only game ticket holders would have access to the events. Kickoff time is set by the conference and not the University. Some of the games will have kickoff times as early as 11 am and others have yet to be determined. As currently written, one day license classes Z1 and Z2 allow for on premise sale of alcohol during the hours of 10:00 a.m. to 10:30 p.m., Sunday through Thursday, and 10:00 a.m. to 2:00 a.m., Friday through Sunday. NU seeks an amendment that would allow it to begin some of its game day events earlier than 10 am. The board agreed to amend the Z1 and Z2 license classes to allow applicants to apply for extend ed hours of sales. Such requests would be required to go before City Council. 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 an amendment to be introduced at the City Council meeting on September 17, 2018. Levy Premium Foodservice Limited Partnership dba Levy at Walter Athletics Center 420 of 793 FINAL Page 3 of 4 Zubin Kammula requested consideration of a Class T (Catering-Liquor) license on behalf of Levy Premium Foodservice. Levy Premium Foodservice is a subsidiary of Compass Group USA. Levy Premium Foodservice specializes in managing food and beverage services at athletic facilities. It is seeking a class T (catering) license in order to provide service at private alumni and booster events as well as game day events during football season. 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 liquor license issuance to be introduced at the City Council meeting on September 17, 2018. L3 Evanston, LLC d/b/a Next of Kinship, 1603 Orrington Avenue Terra Westhaus spoke on behalf of Next of Kinship’s request for a class T (catering) liquor license. Next of Kinship currently holds a class C restaurant liquor license and reopened in February under a new concept. It now wishes to expand into catering events offsite and offering food and alcohol. It holds similar licenses in Chicago. 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 liquor license issuance to be introduced at the City Council meeting on September 17, 2018. Vinic Wine Company d/b/a Vinic Wine Company, 1509 Chicago Sandeep Ghaey requested consideration of an amendment to class K to allow onsite tasting of alcoholic sprits not to exceed 2.75 fluid ounces and consideration of an amendment to adjust wine container size to 6.32 fluid ounces or greater for off-site consumption. Sandeep Ghaey explained that these limits are similar to those granted to Binny’s in its Class F-2 license class. He is asking that Class K be allowed the same limits. 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 an amendment to be introduced at the City Council meeting on September 17, 2018. Beer on Central, 1930 Central St. Peter O’Malley requested consideration of amendment to class K to remove the onsite consumption limit of beer. He feels that BASSET training will provide adequate guidance for consumption limits to avoid overserving customers. It’s a small space and it is easy to keep an eye on customers and know when to make them stop drinking. He said different businesses such as Temperance and Sketchbook (craft breweries) do not have limits on how much beer their customers can consume and he wants to offer his customers the same opportunities. Mayor Hagerty views the primary function of Beer on Central as a craft beer retailer with a tasting room. Mayor Hagerty noted that the primary function of Temperance and Sketchbook are brewers of beer. Dick Peach questioned the difference between World of Beer and Beer on Central. Mayor Hagerty pointed out that World of Beer does not sell packaged goods. Mayor Hagerty stated that the original concept presented by Beer on Central was that of a small packaged goods store with some tastings. Dick Peach noted that now it seems to want to expand from tastings into a bar. Peter O’Malley says it’s no more or less a bar than Temperance or Sketchbook. Mayor Hagerty asked how many customers Beer on Central typically has 421 of 793 FINAL Page 4 of 4 at the bar. Peter O’Malley guessed 10-12 on weekdays and 20-24 people on weekends; at its busiest, 25-30 people. Mayor Hagerty said he needed more time to consider the request and the issue will get continued. No action was taken. The Board recommended continuing the matter. Theo Ubique Cabaret Theatre, 721 Howard Street Lorraine Dostal requested amendments to the class U (Theatre) liquor license. Class U allows alcohol sales one hour prior to shows and during intermission in the lobby only. She explained that Theo Ubique is a cabaret dinner theater that plans to serve alcohol in the theater as part of dinner service and at a bar in the theater. Dinners will be provided by a catering service. All servers will be BASSET trained. Because the theater lacks a traditional lobby, she is requesting an amendment that eliminates the lobby requirement. She also requested an adjustment to hours of service, as alcohol will be served during the shows with dinner and not limited to before shows and during intermissions. In addition to its regular show season, the theater is interested in hosting auxiliary events such as movie sing along nights and special events as a way of earning money in between show productions. Lorraine Dostal explained that the theater does not intend to run a kitchen and would instead offer snacks during those auxiliary events. Alderman Rainey and board members expressed concern over alcohol service that did not accompany food and expressed that Theo Ubique needs to give additional thought to its business plan and food offerings with respect to the auxiliary events. It was agreed that the amendments to hours and location of service with respect to dinner theater service will get introduced to City Council and that Theo Ubique will need to rework its business pan with respect to food service during its auxiliary events. 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 an amendment to be introduced at the City Council meeting on September 17, 2018. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Stephen H. Hagerty, Mayor at 12:43 a.m. August 29, 2018. Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 422 of 793 For City Council meeting of September 17, 2018 Item A26 Ordinance 91-O-18: Increasing Class T Liquor License Levy Premium Foodservice For Introduction & Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Michelle L. Masoncup, Corporation Counsel Theresa Whittington, Liquor Licensing Manager & Legal Analyst Subject: Ordinance 91-O-18, Increasing the Number of Class T Liquor Licenses for Levy Premium Foodservice Limited Partnership, d/b/a Levy at Ryan Fieldhouse and Walter Athletics Center, 2255 Campus Drive. Date: September 11, 2018 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 91-O-18, amending Evanston City Code Subsection 3-4-6-(T) to increase the number of Class T Liquor Licenses from three (3) to four (4) and permit issuance of a Class T license to Levy Premium Foodservice Limited Partnership, dba Levy at Ryan Fieldhouse and Walter Athletics Center, 2255 Campus Drive. Staff recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. Livability Benefit: Economy & Jobs: Retain and expand local businesses. Summary: Ordinance 91-0-18 will permit Levy Premium Foodservice Limited Partnership, dba Levy at Ryan Fieldhouse and Walter Athletics Center, (“Company”) to retail sale of alcoholic liquor only to invited persons of at least twenty-one (21) years of age for consumption at private and catered functions. Company representative Zubin Kammula submitted application materials. Legislative History: At the August 29, 2018 Liquor Control Review Board meeting, Company requested consideration of application for a Class T liquor license. ------------------------------------------------------------------------------------- Attachments: Ordinance 91-O-18 Application Minutes of the August 29, 2018 Liquor Control Review Board meeting. Memorandum 423 of 793 7/27/2018 91-O-18 AN ORDINANCE Amending City Code Section 346-(T) to Increase the Number of Class T Liquor Licenses from Three to Four (Levy Premium Foodservice Limited Partnership, dba Levy at Ryan Fieldhouse and Walter Athletics Center, 2255 Campus Drive) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class T of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: T Catering Liquor None $1,800 $1,800 3 4 None 10 a.m. — 1 a.m. (Mon-Fri); 10 a.m. — 2 a.m. (Sat-Sun) SECTION 2: Subsection 346-(T) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class T liquor licenses from three (3) to four (4) to read as follows: (T) CLASS T licenses, which shall authorize the sale of alcoholic liquor for consumption on the premises where served, only to invited guests at private, catered functions. Such licenses shall be issued only to businesses defined as catering establishments under Title 6 of this Code and having a current Evanston business license. Catering establishments holding Class T licenses must have food service available when alcoholic liquor is being served. The service of alcoholic liquor shall be by employees of the licensed catering business. Class T licensees shall serve alcoholic liquor only to invited guests at catered functions. Such licenses shall be issued only for the premises owned, operated, or maintained by the licensed catering business or for the location in which the licensed catering business shall serve food and alcoholic liquor. The service of alcoholic liquor shall only take place from 10:00 a.m. to 1:00 a.m.; except, that service may be made up to 2:00 a.m. on Saturday and Sunday mornings. The sale of alcoholic liquor shall be deemed to occur at the address of the catering establishment. 424 of 793 91-O-18 Michelle L. Masoncup, Corporation Counsel The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be one thousand eight hundred dollars ($1,800.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be one thousand eight hundred ninety dollars ($1,890.00). No more than three (3) four (4) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2018 Adopted: ___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ 425 of 793 426 of 793 427 of 793 428 of 793 429 of 793 430 of 793 431 of 793 432 of 793 433 of 793 434 of 793 435 of 793 436 of 793 437 of 793 438 of 793 439 of 793 440 of 793 441 of 793 442 of 793 443 of 793 444 of 793 445 of 793 446 of 793 447 of 793 448 of 793 FINAL Page 1 of 4 C MEETING MINUTES Liquor Control Board Wednesday, August 29, 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: Theresa Whittington, Mario Treto Others Present: Joseph Gattuso (Compass Group); Mary Pat Dorner (Compass Group); Sylvia Xim'enez (Tereneo 3634 LLC); Alan Anderson (Northwestern University); Mike Polisky (Northwestern); Zubin Kammula (Levy Premium Foodservice); Terra Westhaus (Next of Kinship); Gail Taggart (Next of Kinship); Peter O’Malley (Beer on Central); Brian O’Malley (Beer on Central); Sandeep Ghaey (Vinic Wine); Lorraine Dostal (Theo Ubique) 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 Compass Group USA, Inc., d/b/a Chartwell’s-Norris Center, Northwestern University, 1999 Campus Drive Joe Gattuso spoke on behalf of Compass Group’s request for a c lass R and class T liquor license. Compass Group is taking over the food and beverage services at Northwestern’s Chicago and Evanston campuses. These services were previously offered by Sodexo. In Evanston, Compass Group will operate as Chartwell’s at Norris Center. There will not be any daily or regular alcohol service at Norris center. Instead, the class R license will be used to host special events taking place at Norris Center. The class T catering license will be used to provide services for other events located on campus. Mayor Hagerty asked Compass to explain how they will monitor and prevent underage drinking. Mary Pat Dorner (catering Director) explained that NU hires only licensed bartenders and uses wristbands at events where underage guests will be in attendance. Alan Anderson of Northwestern University stated that often registries for events will have the ages of guests and wristbands issue at check in. 449 of 793 FINAL Page 2 of 4 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 liquor license issuance to be introduced at the City Council meeting on September 17, 2018. TERENEO 3634 LLC d/b/a Bat 17, 1709 Bensen Ave. Sylvia Xim'enez requested consideration of a Class C (Restaurant-Liquor) license. She intends to close on the purchase of Bat 17 and would like a liquor license issued in the name of the new owner. She stated that there will not be any changes in the daily operations. The only changes will be cosmetic. Mayor Hagerty expressed his zero tolerance for underage drinking and his expectation that the business will abide by all rules and regulations. Ms. Xim'enez said her family is 4th generation restaurant owners and in over 40 years in the business they have never had any issued with underage drinking. 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 September 17, 2018. Northwestern University, 633 Clark street, Evanston, IL 60208 Mike Polisky requested consideration of an amendment to the class Z1 and Z2 license classes to allow sale of alcohol up to 4 hours before kickoff at NU football games. The university is looking to improve the experience of ticket holders in the hopes of retaining and growing its season ticket base. NU is offering a “game day experience” pilot program during NU football games. The intention is to offer responsible and social opportunities four hours prior to kickoff. The End Zone will feature a beer garden, food trucks, and entertainment. Wild Cat Alley will have more family-friendly activities. There will be a police presence and security at all games. Mayor Hagerty expressed a need to maintain the family friendly atmosphere and asked what other Big Ten schools do. Mr. Polisky stated that a majority of Big Ten universities sell alcohol in the stadium. This is not something they are requesting at this time. Dick Peach asked if the alcohol sales will be restricted to ticket holders. Mr. Polisky affirmed that only game ticket holders would have access to the events. Kickoff time is set by the conference and not the University. Some of the games will have kickoff times as early as 11 am and others have yet to be determined. As currently written, one day license classes Z1 and Z2 allow for on premise sale of alcohol during the hours of 10:00 a.m. to 10:30 p.m., Sunday through Thursday, and 10:00 a.m. to 2:00 a.m., Friday through Sunday. NU seeks an amendment that would allow it to begin some of its game day events earlier than 10 am. The board agreed to amend the Z1 and Z2 license classes to allow applicants to apply for extend ed hours of sales. Such requests would be required to go before City Council. 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 an amendment to be introduced at the City Council meeting on September 17, 2018. Levy Premium Foodservice Limited Partnership dba Levy at Walter Athletics Center 450 of 793 FINAL Page 3 of 4 Zubin Kammula requested consideration of a Class T (Catering-Liquor) license on behalf of Levy Premium Foodservice. Levy Premium Foodservice is a subsidiary of Compass Group USA. Levy Premium Foodservice specializes in managing food and beverage services at athletic facilities. It is seeking a class T (catering) license in order to provide service at private alumni and booster events as well as game day events during football season. 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 liquor license issuance to be introduced at the City Council meeting on September 17, 2018. L3 Evanston, LLC d/b/a Next of Kinship, 1603 Orrington Avenue Terra Westhaus spoke on behalf of Next of Kinship’s request for a class T (catering) liquor license. Next of Kinship currently holds a class C restaurant liquor license and reopened in February under a new concept. It now wishes to expand into catering events offsite and offering food and alcohol. It holds similar licenses in Chicago. 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 liquor license issuance to be introduced at the City Council meeting on September 17, 2018. Vinic Wine Company d/b/a Vinic Wine Company, 1509 Chicago Sandeep Ghaey requested consideration of an amendment to class K to allow onsite tasting of alcoholic sprits not to exceed 2.75 fluid ounces and consideration of an amendment to adjust wine container size to 6.32 fluid ounces or greater for off-site consumption. Sandeep Ghaey explained that these limits are similar to those granted to Binny’s in its Class F-2 license class. He is asking that Class K be allowed the same limits. 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 an amendment to be introduced at the City Council meeting on September 17, 2018. Beer on Central, 1930 Central St. Peter O’Malley requested consideration of amendment to class K to remove the onsite consumption limit of beer. He feels that BASSET training will provide adequate guidance for consumption limits to avoid overserving customers. It’s a small space and it is easy to keep an eye on customers and know when to make them stop drinking. He said different businesses such as Temperance and Sketchbook (craft breweries) do not have limits on how much beer their customers can consume and he wants to offer his customers the same opportunities. Mayor Hagerty views the primary function of Beer on Central as a craft beer retailer with a tasting room. Mayor Hagerty noted that the primary function of Temperance and Sketchbook are brewers of beer. Dick Peach questioned the difference between World of Beer and Beer on Central. Mayor Hagerty pointed out that World of Beer does not sell packaged goods. Mayor Hagerty stated that the original concept presented by Beer on Central was that of a small packaged goods store with some tastings. Dick Peach noted that now it seems to want to expand from tastings into a bar. Peter O’Malley says it’s no more or less a bar than Temperance or Sketchbook. Mayor Hagerty asked how many customers Beer on Central typically has 451 of 793 FINAL Page 4 of 4 at the bar. Peter O’Malley guessed 10-12 on weekdays and 20-24 people on weekends; at its busiest, 25-30 people. Mayor Hagerty said he needed more time to consider the request and the issue will get continued. No action was taken. The Board recommended continuing the matter. Theo Ubique Cabaret Theatre, 721 Howard Street Lorraine Dostal requested amendments to the class U (Theatre) liquor license. Class U allows alcohol sales one hour prior to shows and during intermission in the lobby only. She explained that Theo Ubique is a cabaret dinner theater that plans to serve alcohol in the theater as part of dinner service and at a bar in the theater. Dinners will be provided by a catering service. All servers will be BASSET trained. Because the theater lacks a traditional lobby, she is requesting an amendment that eliminates the lobby requirement. She also requested an adjustment to hours of service, as alcohol will be served during the shows with dinner and not limited to before shows and during intermissions. In addition to its regular show season, the theater is interested in hosting auxiliary events such as movie sing along nights and special events as a way of earning money in between show productions. Lorraine Dostal explained that the theater does not intend to run a kitchen and would instead offer snacks during those auxiliary events. Alderman Rainey and board members expressed concern over alcohol service that did not accompany food and expressed that Theo Ubique needs to give additional thought to its business plan and food offerings with respect to the auxiliary events. It was agreed that the amendments to hours and location of service with respect to dinner theater service will get introduced to City Council and that Theo Ubique will need to rework its business pan with respect to food service during its auxiliary events. 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 an amendment to be introduced at the City Council meeting on September 17, 2018. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Stephen H. Hagerty, Mayor at 12:43 a.m. August 29, 2018. Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 452 of 793 For City Council meeting of September 17, 2018 Items A27-A28 Ordinance 95-O-18: Increasing Class D Liquor License for Union Squared Ordinance 96-O-18: Decreasing Class A Liquor License for Union Squared For Introduction & Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Michelle L. Masoncup, Corporation Counsel Theresa Whittington, Liquor Licensing Manager & Legal Analyst Subject: Ordinance 95-O-18, Increasing the Number of Class D Liquor Licenses for E-Country, LLC d/b/a Union Squared Evanston, 1307 Chicago Ave.; and Ordinance 96-O-18, Decreasing the Number of Class A Liquor Licenses for E-Country, LLC d/b/a Union Squared Evanston, 1307 Chicago Ave. Date: August 16, 2018 Recommended Action: Staff recommends City Council adoption of Ordinance 95-O-18, amending Evanston City Code Subsection 3-4-6-(D) to increase the number of authorized Class D liquor licenses from fifty (50) to fifty-one (51). Ordinance 96-O-18 amends Evanston City Code of 2012 Subsection 3-4-6-(A), as amended, to decrease the number of authorized Class A liquor licenses from one (1) to zero (0). Staff recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. Livability Benefits: Economy & Jobs: Retain and expand local businesses. Summary: Ordinance 95-O-18 will permit E-Country, LLC d/b/a Union Squared Evanston, 1307 Chicago Ave. (“Company”) to retail sale of alcoholic liquor in restaurants only to persons of at least twenty-one (21) years of age for consumption on the licensed premise. In December 2017 City Council granted company representative Heather Behm’s application and request to change Company’s liquor license from Class D to Class A. Company representative Steven Schwartz has subsequently decided to revert back to the original license class D. ------------------------------------------------------------------------------------- Attachments: Ordinance 95-O-18 Ordinance 96-O-18 Memorandum 453 of 793 8/16/18 95-O-18 AN ORDINANCE Amending City Code Section 3-4-6-(D) to Increase the Number of Class D Liquor Licenses from Fifty to Fifty-One (E-Country, LLC, d/b/a Union Squared Evanston, 1307 Chicago Ave) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class D of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: D Restaurant Liquor None $2,800 $2,800 50 51 None 11 a.m.— 1 a.m. (Mon- Thurs); 11 a.m. – 2 a.m. (Fri-Sat); 10 a.m. – 1 a.m. (Sun) SECTION 2: Subsection 3-4-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class D liquor licenses from fifty (50) to fifty-one (51) to read as follows: (D) CLASS D licenses, which shall authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant", as defined in 3- 4-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding Class D licenses only during the period when their patrons are offered a complete meal. Each Class D license shall be issued subject to the following conditions: 1. The sale of alcoholic liquor shall be limited to the hours of 11:00 a.m. until 1:00 a.m. Monday through Thursday; 11:00 a.m. until 2:00 a.m. Friday through Saturday; 10:00 a.m. until 1:00 a.m. on Sunday. The applicant for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. 454 of 793 95-O-18 ~2~ The annual single-payment fee for initial issuance or renewal of such license shall be two thousand eight hundred dollars ($2,800.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be two thousand nine hundred forty dollars ($2,940.00). No more than fifty (50) fifty-one (51) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2018 Adopted: ___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 455 of 793 8/16/18 96-O-18 AN ORDINANCE Amending City Code Section 3-4-6-(A) to Decrease the Number of Class A Liquor Licenses from One to Zero (E-Country, LLC, d/b/a Union Squared Evanston, 1307 Chicago Ave) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class A of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: A Restaurant/ Beer and Wine Shop Liquor Beer, Wine $5,000 $5,000 1 0 None 10 a.m. — 9 p.m. (Mon- Thurs); 10 a.m. — 10 p.m. (Fri- Sat); 10 a.m. — 9 p.m. (Sun) SECTION 2: Subsection 3-4-6-(A) of the Evanston City Code of 2012, as amended, is hereby further amended by decreasing the number of Class A liquor licenses from One(1) to Zero (1) to read as follows: (A) CLASS A licenses, which shall authorize the retail sale of wine, refrigerated beer, and/or unrefrigerated beer, in original packages, for consumption off the premises that is incidental and complementary to the retail sale of pizzas, salads, fine cheeses, deli and gourmet food products, and related accessories. Each Class A license shall be issued subject to the following conditions: 1. Class A licenses shall authorize the retail sale only of wine, imported beer, and American craft beer, and of no other alcoholic liquors, for consumption off the premises. 2. Not more than twenty (20) percent of total gross square foot area of the licensed premises may be designated for the sale of wine, refrigerated beer, 456 of 793 96-O-18 ~2~ and/or unrefrigerated beer. No tobacco product of any kind shall be sold or offered for sale on the licensed premises. 3. Class A licensees must have at least one (1) BASSET-certified site Manager on-premises at all times. 4. The sale of wine, and/or beer shall be limited to the hours of 10:00 a.m. until 9:00 p.m. Monday through Thursday; 10:00 a.m. until 10:00 p.m. Friday through Saturday; 10:00 a.m. until 9:00 p.m. on Sunday. The applicant for the renewal only of such licenses may elect to pay the amount herein semiannually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be five thousand dollars ($5,000.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable according to the provisions of Section 3-4-7 of this Chapter, shall be five thousand one hundred sixty dollars ($5,160.00). No more than one (1) Zero (0) such licenses shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 457 of 793 96-O-18 ~3~ Introduced: _________________, 2018 Adopted: ___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 458 of 793 For City Council meeting of September 17, 2018 Item A29 Ordinance 97-O-18: Increasing Class T Next of Kinship For Introduction & Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Michelle L. Masoncup, Corporation Counsel Theresa Whittington, Liquor Licensing Manager & Legal Analyst Subject: Ordinance 97-O-18, Increasing the Number of Class T Liquor Licenses for L3 Evanston, LLC, d/b/a Next of Kinship, 1603 Orrington Avenue. Date: September 11, 2018 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 97-O-18, amending Evanston City Code Subsection 3-4-6-(T) to increase the number of Class T Liquor Licenses from four (4) to five (5) and permit issuance of a Class T license to L3 Evanston, LLC, d/b/a Next of Kinship, 1603 Orrington Avenue. Staff recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. Livability Benefit: Economy & Jobs: Retain and expand local businesses. Summary: Ordinance 97-0-18 will permit L3 Evanston, LLC, dba Next of Kinship, (“Company”) to retail sale of alcoholic liquor only to invited persons of at least twenty-one (21) years of age for consumption at private and catered functions. Company representative Erica Zuniga submitted application materials. Legislative History: At the August 29, 2018 Liquor Control Review Board meeting, Company requested consideration of application for a Class T liquor license. ------------------------------------------------------------------------------------- Attachments: Ordinance 97-O-18 Application Minutes of the August 29, 2018 Liquor Control Review Board meeting. Memorandum 459 of 793 8/21/2018 97-O-18 AN ORDINANCE Amending City Code Section 346-(T) to Increase the Number of Class T Liquor Licenses from Four to Five (L3 Evanston, LLC, dba Next of Kinship, 1603 Orrington Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class T of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: T Catering Liquor None $1,800 $1,800 4 5 None 10 a.m. — 1 a.m. (Mon-Fri); 10 a.m. — 2 a.m. (Sat-Sun) SECTION 2: Subsection 346-(T) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class T liquor licenses from four (4) to five (5) to read as follows: (T) CLASS T licenses, which shall authorize the sale of alcoholic liquor for consumption on the premises where served, only to invited guests at private, catered functions. Such licenses shall be issued only to businesses defined as catering establishments under Title 6 of this Code and having a current Evanston business license. Catering establishments holding Class T licenses must have food service available when alcoholic liquor is being served. The service of alcoholic liquor shall be by employees of the licensed catering business. Class T licensees shall serve alcoholic liquor only to invited guests at catered functions. Such licenses shall be issued only for the premises owned, operated, or maintained by the licensed catering business or for the location in which the licensed catering business shall serve food and alcoholic liquor. The service of alcoholic liquor shall only take place from 10:00 a.m. to 1:00 a.m.; except, that service may be made up to 2:00 a.m. on Saturday and Sunday mornings. The sale of alcoholic liquor shall be deemed to occur at the address of the catering establishment. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. 460 of 793 97-O-18 ~2~ The annual single payment fee for initial issuance or renewal of such license shall be one thousand eight hundred dollars ($1,800.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be one thousand eight hundred ninety dollars ($1,890.00). No more than four (4) five (5) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2018 Adopted: ___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 461 of 793 462 of 793 463 of 793 464 of 793 465 of 793 466 of 793 467 of 793 468 of 793 469 of 793 470 of 793 471 of 793 472 of 793 473 of 793 474 of 793 475 of 793 476 of 793 477 of 793 478 of 793 479 of 793 480 of 793 481 of 793 482 of 793 483 of 793 484 of 793 485 of 793 486 of 793 487 of 793 488 of 793 489 of 793 490 of 793 491 of 793 492 of 793 493 of 793 494 of 793 495 of 793 496 of 793 497 of 793 Scanned with CamScanner498 of 793 499 of 793 500 of 793 501 of 793 502 of 793 503 of 793 504 of 793 505 of 793 506 of 793 507 of 793 FINAL Page 1 of 4 C MEETING MINUTES Liquor Control Board Wednesday, August 29, 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: Theresa Whittington, Mario Treto Others Present: Joseph Gattuso (Compass Group); Mary Pat Dorner (Compass Group); Sylvia Xim'enez (Tereneo 3634 LLC); Alan Anderson (Northwestern University); Mike Polisky (Northwestern); Zubin Kammula (Levy Premium Foodservice); Terra Westhaus (Next of Kinship); Gail Taggart (Next of Kinship); Peter O’Malley (Beer on Central); Brian O’Malley (Beer on Central); Sandeep Ghaey (Vinic Wine); Lorraine Dostal (Theo Ubique) 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 Compass Group USA, Inc., d/b/a Chartwell’s-Norris Center, Northwestern University, 1999 Campus Drive Joe Gattuso spoke on behalf of Compass Group’s request for a c lass R and class T liquor license. Compass Group is taking over the food and beverage services at Northwestern’s Chicago and Evanston campuses. These services were previously offered by Sodexo. In Evanston, Compass Group will operate as Chartwell’s at Norris Center. There will not be any daily or regular alcohol service at Norris center. Instead, the class R license will be used to host special events taking place at Norris Center. The class T catering license will be used to provide services for other events located on campus. Mayor Hagerty asked Compass to explain how they will monitor and prevent underage drinking. Mary Pat Dorner (catering Director) explained that NU hires only licensed bartenders and uses wristbands at events where underage guests will be in attendance. Alan Anderson of Northwestern University stated that often registries for events will have the ages of guests and wristbands issue at check in. 508 of 793 FINAL Page 2 of 4 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 liquor license issuance to be introduced at the City Council meeting on September 17, 2018. TERENEO 3634 LLC d/b/a Bat 17, 1709 Bensen Ave. Sylvia Xim'enez requested consideration of a Class C (Restaurant-Liquor) license. She intends to close on the purchase of Bat 17 and would like a liquor license issued in the name of the new owner. She stated that there will not be any changes in the daily operations. The only changes will be cosmetic. Mayor Hagerty expressed his zero tolerance for underage drinking and his expectation that the business will abide by all rules and regulations. Ms. Xim'enez said her family is 4th generation restaurant owners and in over 40 years in the business they have never had any issued with underage drinking. 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 September 17, 2018. Northwestern University, 633 Clark street, Evanston, IL 60208 Mike Polisky requested consideration of an amendment to the class Z1 and Z2 license classes to allow sale of alcohol up to 4 hours before kickoff at NU football games. The university is looking to improve the experience of ticket holders in the hopes of retaining and growing its season ticket base. NU is offering a “game day experience” pilot program during NU football games. The intention is to offer responsible and social opportunities four hours prior to kickoff. The End Zone will feature a beer garden, food trucks, and entertainment. Wild Cat Alley will have more family-friendly activities. There will be a police presence and security at all games. Mayor Hagerty expressed a need to maintain the family friendly atmosphere and asked what other Big Ten schools do. Mr. Polisky stated that a majority of Big Ten universities sell alcohol in the stadium. This is not something they are requesting at this time. Dick Peach asked if the alcohol sales will be restricted to ticket holders. Mr. Polisky affirmed that only game ticket holders would have access to the events. Kickoff time is set by the conference and not the University. Some of the games will have kickoff times as early as 11 am and others have yet to be determined. As currently written, one day license classes Z1 and Z2 allow for on premise sale of alcohol during the hours of 10:00 a.m. to 10:30 p.m., Sunday through Thursday, and 10:00 a.m. to 2:00 a.m., Friday through Sunday. NU seeks an amendment that would allow it to begin some of its game day events earlier than 10 am. The board agreed to amend the Z1 and Z2 license classes to allow applicants to apply for extend ed hours of sales. Such requests would be required to go before City Council. 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 an amendment to be introduced at the City Council meeting on September 17, 2018. Levy Premium Foodservice Limited Partnership dba Levy at Walter Athletics Center 509 of 793 FINAL Page 3 of 4 Zubin Kammula requested consideration of a Class T (Catering-Liquor) license on behalf of Levy Premium Foodservice. Levy Premium Foodservice is a subsidiary of Compass Group USA. Levy Premium Foodservice specializes in managing food and beverage services at athletic facilities. It is seeking a class T (catering) license in order to provide service at private alumni and booster events as well as game day events during football season. 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 liquor license issuance to be introduced at the City Council meeting on September 17, 2018. L3 Evanston, LLC d/b/a Next of Kinship, 1603 Orrington Avenue Terra Westhaus spoke on behalf of Next of Kinship’s request for a class T (catering) liquor license. Next of Kinship currently holds a class C restaurant liquor license and reopened in February under a new concept. It now wishes to expand into catering events offsite and offering food and alcohol. It holds similar licenses in Chicago. 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 liquor license issuance to be introduced at the City Council meeting on September 17, 2018. Vinic Wine Company d/b/a Vinic Wine Company, 1509 Chicago Sandeep Ghaey requested consideration of an amendment to class K to allow onsite tasting of alcoholic sprits not to exceed 2.75 fluid ounces and consideration of an amendment to adjust wine container size to 6.32 fluid ounces or greater for off-site consumption. Sandeep Ghaey explained that these limits are similar to those granted to Binny’s in its Class F-2 license class. He is asking that Class K be allowed the same limits. 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 an amendment to be introduced at the City Council meeting on September 17, 2018. Beer on Central, 1930 Central St. Peter O’Malley requested consideration of amendment to class K to remove the onsite consumption limit of beer. He feels that BASSET training will provide adequate guidance for consumption limits to avoid overserving customers. It’s a small space and it is easy to keep an eye on customers and know when to make them stop drinking. He said different businesses such as Temperance and Sketchbook (craft breweries) do not have limits on how much beer their customers can consume and he wants to offer his customers the same opportunities. Mayor Hagerty views the primary function of Beer on Central as a craft beer retailer with a tasting room. Mayor Hagerty noted that the primary function of Temperance and Sketchbook are brewers of beer. Dick Peach questioned the difference between World of Beer and Beer on Central. Mayor Hagerty pointed out that World of Beer does not sell packaged goods. Mayor Hagerty stated that the original concept presented by Beer on Central was that of a small packaged goods store with some tastings. Dick Peach noted that now it seems to want to expand from tastings into a bar. Peter O’Malley says it’s no more or less a bar than Temperance or Sketchbook. Mayor Hagerty asked how many customers Beer on Central typically has 510 of 793 FINAL Page 4 of 4 at the bar. Peter O’Malley guessed 10-12 on weekdays and 20-24 people on weekends; at its busiest, 25-30 people. Mayor Hagerty said he needed more time to consider the request and the issue will get continued. No action was taken. The Board recommended continuing the matter. Theo Ubique Cabaret Theatre, 721 Howard Street Lorraine Dostal requested amendments to the class U (Theatre) liquor license. Class U allows alcohol sales one hour prior to shows and during intermission in the lobby only. She explained that Theo Ubique is a cabaret dinner theater that plans to serve alcohol in the theater as part of dinner service and at a bar in the theater. Dinners will be provided by a catering service. All servers will be BASSET trained. Because the theater lacks a traditional lobby, she is requesting an amendment that eliminates the lobby requirement. She also requested an adjustment to hours of service, as alcohol will be served during the shows with dinner and not limited to before shows and during intermissions. In addition to its regular show season, the theater is interested in hosting auxiliary events such as movie sing along nights and special events as a way of earning money in between show productions. Lorraine Dostal explained that the theater does not intend to run a kitchen and would instead offer snacks during those auxiliary events. Alderman Rainey and board members expressed concern over alcohol service that did not accompany food and expressed that Theo Ubique needs to give additional thought to its business plan and food offerings with respect to the auxiliary events. It was agreed that the amendments to hours and location of service with respect to dinner theater service will get introduced to City Council and that Theo Ubique will need to rework its business pan with respect to food service during its auxiliary events. 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 an amendment to be introduced at the City Council meeting on September 17, 2018. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Stephen H. Hagerty, Mayor at 12:43 a.m. August 29, 2018. Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 511 of 793 For City Council meeting of September 17, 2018 Item A30 Ordinance 109-O-18 – Allowing Extended Hours of Alcohol Service for Z-1 and Z-2 Liquor License Holders By City Council Approval For Introduction and Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Mario Treto, Jr., Deputy City Attorney Theresa Whittington, Liquor Licensing Manager/Legal Analyst Subject: Ordinance 109-O-18, Allowing Extended Hours of Alcohol Service for Z-1 and Z-2 Liquor License Holders through City Council Approval Date: September 17, 2018 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 109-O-18, amending Evanston City Code Subsection 3-4-6(Z-1) and 3-4-6(Z-2), to allow for extended hours of alcohol service for Z-1 and Z-2 liquor license holders through City Council approval. Alderman Revelle recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. Livability Benefits: Economy & Jobs: Retain and expand local businesses. Summary: Currently, the City of Evanston (“City”) liquor code has a provision that allows hours of lawful service of alcohol to be extended by written order of the City Council only for annual liquor license holders. On August 29, 2018, Northwestern University (“Company”) attended the Liquor Control Review Board meeting to request permission to extend its hours of alcohol service for Z-1 and Z-2 liquor licenses on certain days. Company representatives Alan Anderson and Mike Polisky were present during the meeting. Ordinance 109-O-18 was prepared under the Local Liquor Commissioner’s direction and in response to the August 29, 2018 Liquor Control Review Board meeting to permit the City Council discretion to extend hours of lawful service per written order for Class Z-1 and Class Z-2 one day liquor licenses. Particular provisions to note for request to extend hours are as follows: 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 Z-1 and Z-2 liquor license. Memorandum 512 of 793 2. Requests for extension of hours must be made by written application and submitted at least two weeks prior to the requested extension date. 3. No licensee will be granted such extension for more than twelve (12) days in any one (1) calendar year. 4. There is a fee of $500.00 imposed for each day requested to extend alcohol service hours for Class Z-1 and Class Z-2 liquor licenses. Legislative History: At the August 29, 2018 Liquor Control Review Board meeting, Company requested consideration of increasing the permitted hours of alcohol service for Class Z-1 and Class Z-2 liquor licenses. ------------------------------------------------------------------------------------- Attachments: Ordinance 109-O-18 Meeting Minutes Dated August 29, 2018 513 of 793 9/11/2018 109-O-18 AN ORDINANCE Amending City Code Sections 3-4-6(Z-1) and 3-4-6(Z-2), Allowing Extended Hours of Class Z-1 and Class Z-2 Alcohol Service by City Council Approval NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 3-4-6(Z-1) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (Z-1) CLASS Z-1 special one-day licenses, which shall authorize the sale on the premises specified of beer and wine only for events conducted by an educational, business, fraternal, political, civic, religious, or not for profit organization. Such special one-day licenses shall be issued subject to the following conditions: 1. No more than twelve (12) special one-day licenses shall be issued to any sales address in any one (1) calendar year. 2. No applicant shall receive more than twelve (12) special one-day licenses within any one (1) calendar year. 3. Only Evanston entities may receive the special one-day license. "Evanston entities" are hereby defined to include individuals residing within the City, including businesses, educational, fraternal, political, civic, religious, and not for profit organizations with a permanent address located within the City. 4. The license shall authorize the consumption of beer and wine only. 5. The sale of beer and wine shall only take place from 10:00 a.m. to 10:30 p.m. (Sunday through Thursday), and from 10:00 a.m. to 2:00 a.m. (Friday through Sunday). Hours during which sale is lawful may be extended by written order of City Council for periods not to exceed four (4) hours prio r to opening upon written application by the licensee stating the reasons for the requested extension and the date for which the extension is sough. The request must be provided to the City in writing at least two (2) weeks prior to the date the extension ii requested or the request will be automatically denied. No licensee will be granted such extension for more than twelve (12) dates in any one (1) calendar year, provided an extension fee is submitted for each requested day in the amount of five hundred dollars ($500.00). 514 of 793 109-O-18 ~2~ 6. The license shall be issued to and valid only for the "sales premises" described on the application. 7. The application shall contain the following information: a. The name of applicant, address and telephone number. b. The "sales premises" for which the license is applicable, a description of the approximate area of the sales premises, whether or not it is indoors or outside, and whether the event will be held on public or private property. c. Whether or not the event is sponsored by a religious organization. d. The hours of operation of the event, the sale date, the name of the property owner, and a written statement of consent from the property owner (if other than the applicant). e. The person's name, telephone number and address who is responsible for conducting the event, and who will be on the premises during the actual event. f. A statement that: If I (we) am (are) granted this special liquor license, I (we) specifically recognize and agree that the Mayor may revoke this license at any time at the absolute discretion of the Mayor; and upon acceptance of this special liquor license, the holder specifically acknowledges the special privilege of obtaining this type of license and consents to all requirements, including the requirement of immediate forfeiture without reason. g. Signature of applicant. h. A statement that: No person under twenty-one (21) years of age will be allowed to purchase or sell packaged alcoholic liquor at licensed event. 8. A copy of a certificate of liquor liability insurance, naming the City as certificate holder for the period during which beer and wine will be sold. 9. The fee for a Class Z-1 liquor license shall be one hundred fifty dollars ($150.00), and shall be deposited with the application. For licensees granted extended hours of alcohol service by the City Council, an additional fee of five hundred dollars ($500.00) must be submitted to the City prior to license issuance. 10. No special Z-1 license shall be required for the following: a. Gratuitous service of beer and wine on streets, alleys, sidewalks, parkways, public parkways and within public buildings, by neighborhood organizations to which a block party permit has been issued by the City Manager. b. Sale of beer and wine in business districts at licensed special 515 of 793 109-O-18 ~3~ events by holders of current liquor licenses, at locations immediately adjacent to their regularly licensed premises. 11. No special Z-1 licenses shall be issued in the university districts for sales on property owned by Northwestern University without the written consent of Northwestern University. 12. Applications for Z-1 licenses shall be submitted to the local liquor control commissioner in accordance with the provisions of this Subsection (Z-1). The local liquor control commissioner shall have the authority to grant or refuse to grant any license. 13. No special Z-1 license shall be issued unless the owner/manager/staff of the establishment at which the event will be held has received BASSET training within the previous three (3) years and will be on-site for the duration of the event. Alternatively, the representative of the sponsoring entity organizing the event must have received BASSET training within the previous three (3) years and will be on-site for the duration of the event. SECTION 2: Section 3-4-6(Z-2) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (Z-2) CLASS Z-2 special one-day licenses, which shall authorize the sale on the premises specified of alcoholic liquor only for events conducted by an educational, business, fraternal, political, civic, religious, or not-for-profit organization. Such Z-2 licenses shall be issued subject to the following conditions: 1. No more than twelve (12) Z-2 licenses shall be issued to any sales address in any one (1) calendar year. 2. No applicant shall receive more than twelve (12) Z-2 licenses within any one (1) calendar year. 3. Only Evanston entities may receive the Z-2 license. "Evanston entities" are hereby defined to include individuals residing within the City, including businesses, educational, fraternal, political, civic, religious, and not-for- profit organizations with a permanent address located within the City. 4. The sale of alcoholic liquor shall only take place from 10:00 a.m. to 10:30 p.m., Sunday through Thursday, and from 10:00 a.m. to 2:00 a.m., Friday through Sunday. Hours during which sale is lawful may be extended by written order of City Council for periods not to exceed four (4) hours prio r to opening upon written application by the licensee stating the reasons for the requested extension and the date for which the extension is sough. The request must be provided to the City in writing at least two (2) weeks prior to the date the extension ii requested or the request will be automatically denied. No licensee will be granted such extension for more than twelve (12) dates in any one (1) calendar year, provided an extension fee is submitted for each requested day in the amount of five hundred 516 of 793 109-O-18 ~4~ dollars ($500.00). 5. The license shall be issued to and valid only for the "sales premises" described on the application. 6. The application shall contain the following information: a. The name of applicant, address and telephone number. b. The "sales premises" for which the license is applicable, a description of the approximate area of the sales premises, whether or not it is indoors or outside, and whether the event will be held on public or private property. c. Whether or not the event is sponsored by a religious organization. d. The hours of operation of the event, the sale date, the name of the property owner, and a written statement of consent from the property owner (if other than the applicant). e. The person's name, telephone number, and address who is responsible for conducting the event, and who will be on the premises during the actual event. f. A statement that: If I (we) am (are) granted this special liquor license, I (we) specifically recognize and agree that the Mayor may revoke this license at any time at the absolute discretion of the Mayor; and upon acceptance of this special liquor license, the holder specifically acknowledges the special privilege of obtaining this type of license and consents to all requirements, including the requirement of immediate forfeiture without reason. g. Signature of applicant. h. A statement that: No person under twenty-one (21) years of age will be allowed to purchase or sell alcoholic liquor at licensed event. 7. A copy of a certificate of liquor liability insurance, naming the City as certificate holder for the period during which liquor will be sold. 8. The fee for a Class Z-2 liquor license shall be one hundred fifty dollars ($150.00), and shall be deposited with the application. For licensees granted extended hours of alcohol service by the City Council, an additional fee of five hundred dollars ($500.00) must be submitted to the City prior to license issuance. 9. No special one-day liquor license shall be required for the following: a. Gratuitous service of alcoholic liquor on streets, alleys, sidewalks, parkways, public parkways and within public buildings, by neighborhood organizations to which a block party permit has been issued by the City Manager. 517 of 793 109-O-18 ~5~ b. Sale of alcoholic liquor in business districts at licensed special events by holders of current liquor licenses, at locations immediately adjacent to their licensed premises. 10. No Z-2 liquor licenses shall be issued in the university districts for sales on property owned by Northwestern University without the written consent of Northwestern University. 11. Applications for Z-2 licenses shall be submitted to the local liquor control commissioner in accordance with the provisions of this Subsection (Z-2). The local liquor control commissioner shall have the authority to grant or refuse to grant all special one-day licenses. Before issuing any Z-2 liquor license, the Liquor Control Commissioner shall notify the Alderman of the Ward wherein the "sales premises" described on the application is located. 12. No one-day liquor license shall be issued unless the owner/manager/staff of the establishment at which the event will be held has received BASSET training within the previous three (3) years and will be on-site for the duration of the event. Alternatively, the representative of the sponsoring entity organizing the event must have received BASSET training within the previous three (3) years and will be on-site for the duration of the event. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 518 of 793 109-O-18 ~6~ Introduced: _________________, 2018 Adopted: ___________________, 201 8 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 519 of 793 FINAL Page 1 of 4 C MEETING MINUTES Liquor Control Board Wednesday, August 29, 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: Theresa Whittington, Mario Treto Others Present: Joseph Gattuso (Compass Group); Mary Pat Dorner (Compass Group); Sylvia Xim'enez (Tereneo 3634 LLC); Alan Anderson (Northwestern University); Mike Polisky (Northwestern); Zubin Kammula (Levy Premium Foodservice); Terra Westhaus (Next of Kinship); Gail Taggart (Next of Kinship); Peter O’Malley (Beer on Central); Brian O’Malley (Beer on Central); Sandeep Ghaey (Vinic Wine); Lorraine Dostal (Theo Ubique) 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 Compass Group USA, Inc., d/b/a Chartwell’s-Norris Center, Northwestern University, 1999 Campus Drive Joe Gattuso spoke on behalf of Compass Group’s request for a c lass R and class T liquor license. Compass Group is taking over the food and beverage services at Northwestern’s Chicago and Evanston campuses. These services were previously offered by Sodexo. In Evanston, Compass Group will operate as Chartwell’s at Norris Center. There will not be any daily or regular alcohol service at Norris center. Instead, the class R license will be used to host special events taking place at Norris Center. The class T catering license will be used to provide services for other events located on campus. Mayor Hagerty asked Compass to explain how they will monitor and prevent underage drinking. Mary Pat Dorner (catering Director) explained that NU hires only licensed bartenders and uses wristbands at events where underage guests will be in attendance. Alan Anderson of Northwestern University stated that often registries for events will have the ages of guests and wristbands issue at check in. 520 of 793 FINAL Page 2 of 4 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 liquor license issuance to be introduced at the City Council meeting on September 17, 2018. TERENEO 3634 LLC d/b/a Bat 17, 1709 Bensen Ave. Sylvia Xim'enez requested consideration of a Class C (Restaurant-Liquor) license. She intends to close on the purchase of Bat 17 and would like a liquor license issued in the name of the new owner. She stated that there will not be any changes in the daily operations. The only changes will be cosmetic. Mayor Hagerty expressed his zero tolerance for underage drinking and his expectation that the business will abide by all rules and regulations. Ms. Xim'enez said her family is 4th generation restaurant owners and in over 40 years in the business they have never had any issued with underage drinking. 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 September 17, 2018. Northwestern University, 633 Clark street, Evanston, IL 60208 Mike Polisky requested consideration of an amendment to the class Z1 and Z2 license classes to allow sale of alcohol up to 4 hours before kickoff at NU football games. The university is looking to improve the experience of ticket holders in the hopes of retaining and growing its season ticket base. NU is offering a “game day experience” pilot program during NU football games. The intention is to offer responsible and social opportunities four hours prior to kickoff. The End Zone will feature a beer garden, food trucks, and entertainment. Wild Cat Alley will have more family-friendly activities. There will be a police presence and security at all games. Mayor Hagerty expressed a need to maintain the family friendly atmosphere and asked what other Big Ten schools do. Mr. Polisky stated that a majority of Big Ten universities sell alcohol in the stadium. This is not something they are requesting at this time. Dick Peach asked if the alcohol sales will be restricted to ticket holders. Mr. Polisky affirmed that only game ticket holders would have access to the events. Kickoff time is set by the conference and not the University. Some of the games will have kickoff times as early as 11 am and others have yet to be determined. As currently written, one day license classes Z1 and Z2 allow for on premise sale of alcohol during the hours of 10:00 a.m. to 10:30 p.m., Sunday through Thursday, and 10:00 a.m. to 2:00 a.m., Friday through Sunday. NU seeks an amendment that would allow it to begin some of its game day events earlier than 10 am. The board agreed to amend the Z1 and Z2 license classes to allow applicants to apply for extend ed hours of sales. Such requests would be required to go before City Council. 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 an amendment to be introduced at the City Council meeting on September 17, 2018. Levy Premium Foodservice Limited Partnership dba Levy at Walter Athletics Center 521 of 793 FINAL Page 3 of 4 Zubin Kammula requested consideration of a Class T (Catering-Liquor) license on behalf of Levy Premium Foodservice. Levy Premium Foodservice is a subsidiary of Compass Group USA. Levy Premium Foodservice specializes in managing food and beverage services at athletic facilities. It is seeking a class T (catering) license in order to provide service at private alumni and booster events as well as game day events during football season. 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 liquor license issuance to be introduced at the City Council meeting on September 17, 2018. L3 Evanston, LLC d/b/a Next of Kinship, 1603 Orrington Avenue Terra Westhaus spoke on behalf of Next of Kinship’s request for a class T (catering) liquor license. Next of Kinship currently holds a class C restaurant liquor license and reopened in February under a new concept. It now wishes to expand into catering events offsite and offering food and alcohol. It holds similar licenses in Chicago. 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 liquor license issuance to be introduced at the City Council meeting on September 17, 2018. Vinic Wine Company d/b/a Vinic Wine Company, 1509 Chicago Sandeep Ghaey requested consideration of an amendment to class K to allow onsite tasting of alcoholic sprits not to exceed 2.75 fluid ounces and consideration of an amendment to adjust wine container size to 6.32 fluid ounces or greater for off-site consumption. Sandeep Ghaey explained that these limits are similar to those granted to Binny’s in its Class F-2 license class. He is asking that Class K be allowed the same limits. 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 an amendment to be introduced at the City Council meeting on September 17, 2018. Beer on Central, 1930 Central St. Peter O’Malley requested consideration of amendment to class K to remove the onsite consumption limit of beer. He feels that BASSET training will provide adequate guidance for consumption limits to avoid overserving customers. It’s a small space and it is easy to keep an eye on customers and know when to make them stop drinking. He said different businesses such as Temperance and Sketchbook (craft breweries) do not have limits on how much beer their customers can consume and he wants to offer his customers the same opportunities. Mayor Hagerty views the primary function of Beer on Central as a craft beer retailer with a tasting room. Mayor Hagerty noted that the primary function of Temperance and Sketchbook are brewers of beer. Dick Peach questioned the difference between World of Beer and Beer on Central. Mayor Hagerty pointed out that World of Beer does not sell packaged goods. Mayor Hagerty stated that the original concept presented by Beer on Central was that of a small packaged goods store with some tastings. Dick Peach noted that now it seems to want to expand from tastings into a bar. Peter O’Malley says it’s no more or less a bar than Temperance or Sketchbook. Mayor Hagerty asked how many customers Beer on Central typically has 522 of 793 FINAL Page 4 of 4 at the bar. Peter O’Malley guessed 10-12 on weekdays and 20-24 people on weekends; at its busiest, 25-30 people. Mayor Hagerty said he needed more time to consider the request and the issue will get continued. No action was taken. The Board recommended continuing the matter. Theo Ubique Cabaret Theatre, 721 Howard Street Lorraine Dostal requested amendments to the class U (Theatre) liquor license. Class U allows alcohol sales one hour prior to shows and during intermission in the lobby only. She explained that Theo Ubique is a cabaret dinner theater that plans to serve alcohol in the theater as part of dinner service and at a bar in the theater. Dinners will be provided by a catering service. All servers will be BASSET trained. Because the theater lacks a traditional lobby, she is requesting an amendment that eliminates the lobby requirement. She also requested an adjustment to hours of service, as alcohol will be served during the shows with dinner and not limited to before shows and during intermissions. In addition to its regular show season, the theater is interested in hosting auxiliary events such as movie sing along nights and special events as a way of earning money in between show productions. Lorraine Dostal explained that the theater does not intend to run a kitchen and would instead offer snacks during those auxiliary events. Alderman Rainey and board members expressed concern over alcohol service that did not accompany food and expressed that Theo Ubique needs to give additional thought to its business plan and food offerings with respect to the auxiliary events. It was agreed that the amendments to hours and location of service with respect to dinner theater service will get introduced to City Council and that Theo Ubique will need to rework its business pan with respect to food service during its auxiliary events. 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 an amendment to be introduced at the City Council meeting on September 17, 2018. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Stephen H. Hagerty, Mayor at 12:43 a.m. August 29, 2018. Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 523 of 793 For City Council Meeting of September 17, 2018 Item A31 Business of the City by Motion, Levy Premium – Extended Alcohol Hours For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee (A&PW) From: Mario Treto, Jr., Deputy City Attorney Theresa Whittington, Liquor Licensing Manager/Legal Analyst Subject: Levy Premium Foodservice – Extended Alcohol Service for One-Day Events Date: September 11, 2018 Recommended Action Staff submits for City Council approval a request to extend alcohol service hours for one-day liquor events taking place at 1501 Central Street (“Levy Premium Foodservice”), on September 8, 2018, September 29, 2018, October 13, 2018, October 27, 2018, November 3, 2018, and November 24, 2018 to accommodate game day events during the Northwestern University football season. Livability Benefits Economy & Jobs: Retain and expand local businesses. Background Zubin Kammula (the “Applicant”), attorney for Levy Premium Foodservice, submitted the request to adjust the hours of alcohol service. Northwestern University has contracted with Levy Premium Foodservice to provide food and alcohol four hours prior to kick off during the 2018 football season. Due to the fact that many of the football games have kick off times of 11:00 a.m. and the Z-1 and Z-2 one day liquor license classes limit alcohol sales to begin after 10:00 a.m., Applicant requests alcohol service to begin at 7:00 a.m. Levy Premium Foodservice is requesting an extension of hours for all football game dates even though some games may not require a 7:00 a.m. start to alcohol service. The NCAA, who assigns kick off times, has not yet assigned kick off times for all of the season’s games. One day liquor licenses with extended hours will only be issued for games assigned with 11:00 a.m. kick off times. A fee of $500 per one day event will be assessed for approved requests. Summary The Local Liquor Commissioner has reviewed the application and recommends approval of the request for extended hours. Attachments Request for Extended Hours of Alcohol Service Memorandum 524 of 793 525 of 793 526 of 793 Date of One-Day Application Dates & Hours Requested 09/08/2018 7:00 a.m. – 4:00 p.m. 09/29/2018 7:00 a.m. – 12:00 p.m. 10/13/2018 7:00 a.m. – 4:00 p.m. 10/27/2018 7:00 a.m. – 12:00 p.m. 11/03/2018 7:00 a.m. – 12:00 p.m. 11/24/2018 7:00 a.m. – 12:00 p.m. 527 of 793 For City Council meeting of September 17, 2018 Item A32 Ordinance 99-O-18 Amend Class K Liquor License - Decrease Wine Volume, Increase Beer Volume, and Permit Alcohol Tasting For Introduction and Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Mario Treto, Jr., Deputy City Attorney Theresa Whittington, Liquor Licensing Manager/Legal Analyst Subject: Ordinance 99-O-18, Decreasing the Permitted Volume of Wine for Off Premise Consumption, Permit Alcoholic Spirit Tasting, and Increasing the Permitted Volume of Beer for Consumption Onsite Date: September 17, 2018 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 99-O-18, amending Evanston City Code Subsection 3-4-6-(K) to decrease the permitted volume of wine for off premise consumption, permit alcoholic spirit tasting, and increase the permitted volume of beer for onsite consumption. Alderman Revelle recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council. Livability Benefits: Economy & Jobs: Retain and expand local businesses. Summary: Ordinance 99-O-18 will permit Class K license holders to sell wine for consumption off the premises in containers greater than or equal to 6.32 fluid ounces or 0.187 liters. The City Code currently allows the sale of wine for consumption off the premises in containers greater than or equal to 16 fluid ounces or 0.473 liters. Secondly, the Ordinance allows for alcoholic spirit tasting by permitting three free samples not to exceed 0.25 fluid ounces each, and the sale of two alcoholic spirit samples not to exceed one fluid ounce each. Finally, this Ordinance will increase the permissible amount a licensee can provide or sell of beer from the current thirty-eight (38) ounces to forty-eight (48) ounces. This amendment is in line with recently adopted changes to the liquor code and affords the same permitted wine container sizes and alcoholic spirit tastings as the Class F-2 liquor license given to Binny’s Beverage Depot. Memorandum 528 of 793 Vinic Wine Company d/b/a Vinic Wine, 1509 Chicago Avenue (“Company”) requested the amendment for consumption off premises and sampling. Company representative Sandeep Ghaey attended the liquor board meeting. Additionally, Pete O’Malley from Beer on Central requested the limit to provide or sell beer be increased to forty-eight (48) ounces Legislative History: At the August 29, 2018 Liquor Control Review Board meeting, Company requested consideration of decreasing the permitted volume of wine for off premise consumption and permit alcoholic spirit tasting for Class K. ------------------------------------------------------------------------------------- Attachments: Ordinance 99-O-18 Minutes of the August 29, 2018 Liquor Control Review Board meeting 529 of 793 9/4/2018 99-O-18 AN ORDINANCE Amending City Code Section 3-4-6-(K) to Decrease the Permitted Volume of Wine for Off Premise Consumption , Permit Alcoholic Spirit Tasting, and Increase the Permitted Volume for Beer for Consumption NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(K) of the Evanston City Code of 2012, as amended, is hereby further amended by decreasing the permitted volume of wine for off premise consumption and permitting alcoholic spirit tasting as follows: (K) Class K licenses, which shall authorize the retail sale of alcoholic liquor, wine and beer for consumption off the premises and the sale of alcoholic liquor, wine and beer for consumption on the premises to persons of at least twenty-one (21) years of age. 1. It shall be unlawful for a Class K licensee to sell a single sealed container of wine for consumption off premises unless the container is greater than or equal to 6.32sixteen (16) fluid ounces or 0.1870.473 liters. 2. It shall be unlawful for a Class K licensee to sell a container of craft beer for consumption off the premises unless the volume of the container is greater than or equal to twelve (12) ounces or 0.355 liters. It shall be unlawful for a licensee to bundle, tape, package, or otherwise manipulate single containers of beer for sale as a set. Any such manipulation of packaging shall be a violation of this Subsection. Nothing in this Subsection shall be construed as prohibiting the sale of packages containing six (6) single containers of beer, including such packages consisting of various single containers of beer chosen by the consumer. 3. Class K licensees may during authorized hours of business offer for on- site consumption beer and/or wine for retail sale. Licensees shall not provide more than three (3) free samples of wine, each of which shall 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 shall not exceed six (6) fluid ounces and the total volume of all wine samples sold to a person in a day shall not exceed twelve (12) fluid ounces. Licensees shall not provide and/or sell more than a total of fifteen (15) fluid ounces of wine samples to any person in a day. 530 of 793 99-O-18 ~2~ Licensees shall not provide more than three (3) free samples of beer, each of which shall 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 shall not exceed twelve (12) fluid ounces and the total volume of all beer samples sold to a person in a day shall not exceed forty-two (42)thirty-two (32) fluid ounces. Licensees shall not provide and/or sell more than a total of forty-eight (48)thirty-eight (38) fluid ounces of beer samples to any person in a day. Licensees must have at least one (1) BASSET-certified site manager on- premises whenever offering wine and beer for tasting or retail sale for on- site consumption. All persons who sell, open, pour, dispense or serve craft beer or wine shall be BASSET certified. Licensees must provide food service when offering wine and beer for tasting. Beer or wine sold within the licensed premises for consumption on the premises shall not be removed from the licensed premises. Beer or wine for product sampling or retail sale for on-site consumption shall be sold and dispensed only in containers provided by the licensee. 4. 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. 5. The licensed premises shall not exceed a gross area of five thousand (5,000) square feet total. 6. Not less than ten percent (10%) but not more than twenty percent (20%) of total gross square foot area of the licensed premises shall be designated for the sale of food. 7. Not more than two percent (2%) of total gross square foot area of the licensed premises may be designated for the sale of alcoholic liquor other than wine and beer. 8. Licensees who during authorized hours of business, offer for on-site consumption samples of beer and/or wine shall provide limited food service such as cheese, crackers, snack food or other similar deli-style items to customers who are sampling beer and/or wine. 9. No such license may be granted to an establishment that is located within the core area as defined in Section 3-4-1 of this Chapter. 10. The sale of wine and/or beer for consumption off site shall be limited to the hours of 8:00 a.m. until Midnight on any given day. The sale of wine and/or beer for consumption on site shall be from 10:00 a.m. until 9:00 531 of 793 99-O-18 ~3~ p.m. Monday through Thursday; 10:00 a.m. until 10:00 p.m. Friday through Saturday; 12:00 noon until 9:00 p.m. on Sunday. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be five thousand dollars ($5,000.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable according to the provisions of Section 3-4-7 of this Chapter, shall be five thousand one hundred sixty dollars ($5,160.00). No more than three (3) 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. 532 of 793 99-O-18 ~4~ Introduced: _________________, 2018 Adopted: ___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 533 of 793 FINAL Page 1 of 4 C MEETING MINUTES Liquor Control Board Wednesday, August 29, 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: Theresa Whittington, Mario Treto Others Present: Joseph Gattuso (Compass Group); Mary Pat Dorner (Compass Group); Sylvia Xim'enez (Tereneo 3634 LLC); Alan Anderson (Northwestern University); Mike Polisky (Northwestern); Zubin Kammula (Levy Premium Foodservice); Terra Westhaus (Next of Kinship); Gail Taggart (Next of Kinship); Peter O’Malley (Beer on Central); Brian O’Malley (Beer on Central); Sandeep Ghaey (Vinic Wine); Lorraine Dostal (Theo Ubique) 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 Compass Group USA, Inc., d/b/a Chartwell’s-Norris Center, Northwestern University, 1999 Campus Drive Joe Gattuso spoke on behalf of Compass Group’s request for a c lass R and class T liquor license. Compass Group is taking over the food and beverage services at Northwestern’s Chicago and Evanston campuses. These services were previously offered by Sodexo. In Evanston, Compass Group will operate as Chartwell’s at Norris Center. There will not be any daily or regular alcohol service at Norris center. Instead, the class R license will be used to host special events taking place at Norris Center. The class T catering license will be used to provide services for other events located on campus. Mayor Hagerty asked Compass to explain how they will monitor and prevent underage drinking. Mary Pat Dorner (catering Director) explained that NU hires only licensed bartenders and uses wristbands at events where underage guests will be in attendance. Alan Anderson of Northwestern University stated that often registries for events will have the ages of guests and wristbands issue at check in. 534 of 793 FINAL Page 2 of 4 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 liquor license issuance to be introduced at the City Council meeting on September 17, 2018. TERENEO 3634 LLC d/b/a Bat 17, 1709 Bensen Ave. Sylvia Xim'enez requested consideration of a Class C (Restaurant-Liquor) license. She intends to close on the purchase of Bat 17 and would like a liquor license issued in the name of the new owner. She stated that there will not be any changes in the daily operations. The only changes will be cosmetic. Mayor Hagerty expressed his zero tolerance for underage drinking and his expectation that the business will abide by all rules and regulations. Ms. Xim'enez said her family is 4th generation restaurant owners and in over 40 years in the business they have never had any issued with underage drinking. 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 September 17, 2018. Northwestern University, 633 Clark street, Evanston, IL 60208 Mike Polisky requested consideration of an amendment to the class Z1 and Z2 license classes to allow sale of alcohol up to 4 hours before kickoff at NU football games. The university is looking to improve the experience of ticket holders in the hopes of retaining and growing its season ticket base. NU is offering a “game day experience” pilot program during NU football games. The intention is to offer responsible and social opportunities four hours prior to kickoff. The End Zone will feature a beer garden, food trucks, and entertainment. Wild Cat Alley will have more family-friendly activities. There will be a police presence and security at all games. Mayor Hagerty expressed a need to maintain the family friendly atmosphere and asked what other Big Ten schools do. Mr. Polisky stated that a majority of Big Ten universities sell alcohol in the stadium. This is not something they are requesting at this time. Dick Peach asked if the alcohol sales will be restricted to ticket holders. Mr. Polisky affirmed that only game ticket holders would have access to the events. Kickoff time is set by the conference and not the University. Some of the games will have kickoff times as early as 11 am and others have yet to be determined. As currently written, one day license classes Z1 and Z2 allow for on premise sale of alcohol during the hours of 10:00 a.m. to 10:30 p.m., Sunday through Thursday, and 10:00 a.m. to 2:00 a.m., Friday through Sunday. NU seeks an amendment that would allow it to begin some of its game day events earlier than 10 am. The board agreed to amend the Z1 and Z2 license classes to allow applicants to apply for extend ed hours of sales. Such requests would be required to go before City Council. 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 an amendment to be introduced at the City Council meeting on September 17, 2018. Levy Premium Foodservice Limited Partnership dba Levy at Walter Athletics Center 535 of 793 FINAL Page 3 of 4 Zubin Kammula requested consideration of a Class T (Catering-Liquor) license on behalf of Levy Premium Foodservice. Levy Premium Foodservice is a subsidiary of Compass Group USA. Levy Premium Foodservice specializes in managing food and beverage services at athletic facilities. It is seeking a class T (catering) license in order to provide service at private alumni and booster events as well as game day events during football season. 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 liquor license issuance to be introduced at the City Council meeting on September 17, 2018. L3 Evanston, LLC d/b/a Next of Kinship, 1603 Orrington Avenue Terra Westhaus spoke on behalf of Next of Kinship’s request for a class T (catering) liquor license. Next of Kinship currently holds a class C restaurant liquor license and reopened in February under a new concept. It now wishes to expand into catering events offsite and offering food and alcohol. It holds similar licenses in Chicago. 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 liquor license issuance to be introduced at the City Council meeting on September 17, 2018. Vinic Wine Company d/b/a Vinic Wine Company, 1509 Chicago Sandeep Ghaey requested consideration of an amendment to class K to allow onsite tasting of alcoholic sprits not to exceed 2.75 fluid ounces and consideration of an amendment to adjust wine container size to 6.32 fluid ounces or greater for off-site consumption. Sandeep Ghaey explained that these limits are similar to those granted to Binny’s in its Class F-2 license class. He is asking that Class K be allowed the same limits. 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 an amendment to be introduced at the City Council meeting on September 17, 2018. Beer on Central, 1930 Central St. Peter O’Malley requested consideration of amendment to class K to remove the onsite consumption limit of beer. He feels that BASSET training will provide adequate guidance for consumption limits to avoid overserving customers. It’s a small space and it is easy to keep an eye on customers and know when to make them stop drinking. He said different businesses such as Temperance and Sketchbook (craft breweries) do not have limits on how much beer their customers can consume and he wants to offer his customers the same opportunities. Mayor Hagerty views the primary function of Beer on Central as a craft beer retailer with a tasting room. Mayor Hagerty noted that the primary function of Temperance and Sketchbook are brewers of beer. Dick Peach questioned the difference between World of Beer and Beer on Central. Mayor Hagerty pointed out that World of Beer does not sell packaged goods. Mayor Hagerty stated that the original concept presented by Beer on Central was that of a small packaged goods store with some tastings. Dick Peach noted that now it seems to want to expand from tastings into a bar. Peter O’Malley says it’s no more or less a bar than Temperance or Sketchbook. Mayor Hagerty asked how many customers Beer on Central typically has 536 of 793 FINAL Page 4 of 4 at the bar. Peter O’Malley guessed 10-12 on weekdays and 20-24 people on weekends; at its busiest, 25-30 people. Mayor Hagerty said he needed more time to consider the request and the issue will get continued. No action was taken. The Board recommended continuing the matter. Theo Ubique Cabaret Theatre, 721 Howard Street Lorraine Dostal requested amendments to the class U (Theatre) liquor license. Class U allows alcohol sales one hour prior to shows and during intermission in the lobby only. She explained that Theo Ubique is a cabaret dinner theater that plans to serve alcohol in the theater as part of dinner service and at a bar in the theater. Dinners will be provided by a catering service. All servers will be BASSET trained. Because the theater lacks a traditional lobby, she is requesting an amendment that eliminates the lobby requirement. She also requested an adjustment to hours of service, as alcohol will be served during the shows with dinner and not limited to before shows and during intermissions. In addition to its regular show season, the theater is interested in hosting auxiliary events such as movie sing along nights and special events as a way of earning money in between show productions. Lorraine Dostal explained that the theater does not intend to run a kitchen and would instead offer snacks during those auxiliary events. Alderman Rainey and board members expressed concern over alcohol service that did not accompany food and expressed that Theo Ubique needs to give additional thought to its business plan and food offerings with respect to the auxiliary events. It was agreed that the amendments to hours and location of service with respect to dinner theater service will get introduced to City Council and that Theo Ubique will need to rework its business pan with respect to food service during its auxiliary events. 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 an amendment to be introduced at the City Council meeting on September 17, 2018. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Stephen H. Hagerty, Mayor at 12:43 a.m. August 29, 2018. Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 537 of 793 For City Council meeting of September 17, 2018 Item A33 Ordinance 101-O-18 Amending Class U Permitted Hours of Alcoholic Liquor Sale and Eliminating the Restriction of Alcohol Sale to the Theater Lobby For Introduction and Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Mario Treto, Jr., Deputy City Attorney Theresa Whittington, Liquor Licensing Manager/Legal Analyst Subject: Ordinance 101-O-18, Amending the Class U Liquor License Permitted Hours of Sale of Alcoholic Liquor and Eliminating the Restriction of the Sale of Alcohol to the Lobby Date: September 17, 2018 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 101-O-18, amending Evanston City Code Subsection 3-4-6-(U) to amend the permitted hours of sale of alcoholic liquor and eliminating the restriction of the sale of alcohol to the lobby. Staff recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council meeting. Livability Benefits: Economy & Jobs: Retain and expand local businesses. Summary: Ordinance 101-O-18 will permit Class U license holders to expand their permitted hours of alcohol sale. Currently, Class U licensees may sell alcoholic liquor one hour prior to any performance and during intermission. This Ordinance will permit Class U licensees to sell alcoholic liquor two hours prior to any performance, during intermission, and two hours after the end of any performance. Ordinance 101-O-18 also eliminates the restriction of alcohol sale to the theater lobby section as Theo Ubique Theatre does not have a lobby section. Theo Ubique Theatre d/b/a Theo Ubique Cabaret Theatre, 721 Howard Street (“Company”) requested the amendment. Company representatives Lorraine Dostal attended the liquor board meeting. Legislative History: At the August 29, 2018 Liquor Control Review Board meeting, Company requested consideration of amending the permitted hours of alcohol sale and removal of the restriction to selling alcohol only in the theater lobby for Class U. Memorandum 538 of 793 Attachments: Ordinance 101-O-18 Minutes of the August 29, 2018 Liquor Control Review Board meeting 539 of 793 9/4/2018 101-O-18 AN ORDINANCE Amending City Code Section 3-4-6-(U), Amending the Class U Liquor License Permitted Hours of Sale of Alcoholic Liquor and Eliminating the Restriction of the Sale of Alcohol to the Lobby NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class U of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: U Theater Liquor None $500 $500 1 Not in Public Buildings 21 hours before performance, during and at intermission, and 2 hours after performance SECTION 2: Subsection 3-4-6-(U) of the Evanston City Code of 2012, as amended, is hereby further amended to allow Class U liquor licenses the sale of alcoholic liquor to read as follows: (U) Class U licenses, which shall authorize the sale of alcoholic liquor for consumption on the premises where served, limited to patrons of a theater presenting live stage performances during a period limited to two (2)one (1) hours prior to the start of the performance, and during intermission(s), and two (2) hours after the end of the performance; provided, that sales and consumption are restricted to lobby areas. The sale of alcoholic liquor is prohibited in theaters located in public buildings. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. 540 of 793 101-O-18 ~2~ The annual single payment fee for initial issuance or renewal of such license shall be five hundred dollars ($500.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be five hundred twenty-five dollars ($525.00). No more than one (1) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2018 Adopted: ___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor 541 of 793 101-O-18 ~3~ Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 542 of 793 FINAL Page 1 of 4 C MEETING MINUTES Liquor Control Board Wednesday, August 29, 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: Theresa Whittington, Mario Treto Others Present: Joseph Gattuso (Compass Group); Mary Pat Dorner (Compass Group); Sylvia Xim'enez (Tereneo 3634 LLC); Alan Anderson (Northwestern University); Mike Polisky (Northwestern); Zubin Kammula (Levy Premium Foodservice); Terra Westhaus (Next of Kinship); Gail Taggart (Next of Kinship); Peter O’Malley (Beer on Central); Brian O’Malley (Beer on Central); Sandeep Ghaey (Vinic Wine); Lorraine Dostal (Theo Ubique) 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 Compass Group USA, Inc., d/b/a Chartwell’s-Norris Center, Northwestern University, 1999 Campus Drive Joe Gattuso spoke on behalf of Compass Group’s request for a c lass R and class T liquor license. Compass Group is taking over the food and beverage services at Northwestern’s Chicago and Evanston campuses. These services were previously offered by Sodexo. In Evanston, Compass Group will operate as Chartwell’s at Norris Center. There will not be any daily or regular alcohol service at Norris center. Instead, the class R license will be used to host special events taking place at Norris Center. The class T catering license will be used to provide services for other events located on campus. Mayor Hagerty asked Compass to explain how they will monitor and prevent underage drinking. Mary Pat Dorner (catering Director) explained that NU hires only licensed bartenders and uses wristbands at events where underage guests will be in attendance. Alan Anderson of Northwestern University stated that often registries for events will have the ages of guests and wristbands issue at check in. 543 of 793 FINAL Page 2 of 4 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 liquor license issuance to be introduced at the City Council meeting on September 17, 2018. TERENEO 3634 LLC d/b/a Bat 17, 1709 Bensen Ave. Sylvia Xim'enez requested consideration of a Class C (Restaurant-Liquor) license. She intends to close on the purchase of Bat 17 and would like a liquor license issued in the name of the new owner. She stated that there will not be any changes in the daily operations. The only changes will be cosmetic. Mayor Hagerty expressed his zero tolerance for underage drinking and his expectation that the business will abide by all rules and regulations. Ms. Xim'enez said her family is 4th generation restaurant owners and in over 40 years in the business they have never had any issued with underage drinking. 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 September 17, 2018. Northwestern University, 633 Clark street, Evanston, IL 60208 Mike Polisky requested consideration of an amendment to the class Z1 and Z2 license classes to allow sale of alcohol up to 4 hours before kickoff at NU football games. The university is looking to improve the experience of ticket holders in the hopes of retaining and growing its season ticket base. NU is offering a “game day experience” pilot program during NU football games. The intention is to offer responsible and social opportunities four hours prior to kickoff. The End Zone will feature a beer garden, food trucks, and entertainment. Wild Cat Alley will have more family-friendly activities. There will be a police presence and security at all games. Mayor Hagerty expressed a need to maintain the family friendly atmosphere and asked what other Big Ten schools do. Mr. Polisky stated that a majority of Big Ten universities sell alcohol in the stadium. This is not something they are requesting at this time. Dick Peach asked if the alcohol sales will be restricted to ticket holders. Mr. Polisky affirmed that only game ticket holders would have access to the events. Kickoff time is set by the conference and not the University. Some of the games will have kickoff times as early as 11 am and others have yet to be determined. As currently written, one day license classes Z1 and Z2 allow for on premise sale of alcohol during the hours of 10:00 a.m. to 10:30 p.m., Sunday through Thursday, and 10:00 a.m. to 2:00 a.m., Friday through Sunday. NU seeks an amendment that would allow it to begin some of its game day events earlier than 10 am. The board agreed to amend the Z1 and Z2 license classes to allow applicants to apply for extend ed hours of sales. Such requests would be required to go before City Council. 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 an amendment to be introduced at the City Council meeting on September 17, 2018. Levy Premium Foodservice Limited Partnership dba Levy at Walter Athletics Center 544 of 793 FINAL Page 3 of 4 Zubin Kammula requested consideration of a Class T (Catering-Liquor) license on behalf of Levy Premium Foodservice. Levy Premium Foodservice is a subsidiary of Compass Group USA. Levy Premium Foodservice specializes in managing food and beverage services at athletic facilities. It is seeking a class T (catering) license in order to provide service at private alumni and booster events as well as game day events during football season. 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 liquor license issuance to be introduced at the City Council meeting on September 17, 2018. L3 Evanston, LLC d/b/a Next of Kinship, 1603 Orrington Avenue Terra Westhaus spoke on behalf of Next of Kinship’s request for a class T (catering) liquor license. Next of Kinship currently holds a class C restaurant liquor license and reopened in February under a new concept. It now wishes to expand into catering events offsite and offering food and alcohol. It holds similar licenses in Chicago. 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 liquor license issuance to be introduced at the City Council meeting on September 17, 2018. Vinic Wine Company d/b/a Vinic Wine Company, 1509 Chicago Sandeep Ghaey requested consideration of an amendment to class K to allow onsite tasting of alcoholic sprits not to exceed 2.75 fluid ounces and consideration of an amendment to adjust wine container size to 6.32 fluid ounces or greater for off-site consumption. Sandeep Ghaey explained that these limits are similar to those granted to Binny’s in its Class F-2 license class. He is asking that Class K be allowed the same limits. 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 an amendment to be introduced at the City Council meeting on September 17, 2018. Beer on Central, 1930 Central St. Peter O’Malley requested consideration of amendment to class K to remove the onsite consumption limit of beer. He feels that BASSET training will provide adequate guidance for consumption limits to avoid overserving customers. It’s a small space and it is easy to keep an eye on customers and know when to make them stop drinking. He said different businesses such as Temperance and Sketchbook (craft breweries) do not have limits on how much beer their customers can consume and he wants to offer his customers the same opportunities. Mayor Hagerty views the primary function of Beer on Central as a craft beer retailer with a tasting room. Mayor Hagerty noted that the primary function of Temperance and Sketchbook are brewers of beer. Dick Peach questioned the difference between World of Beer and Beer on Central. Mayor Hagerty pointed out that World of Beer does not sell packaged goods. Mayor Hagerty stated that the original concept presented by Beer on Central was that of a small packaged goods store with some tastings. Dick Peach noted that now it seems to want to expand from tastings into a bar. Peter O’Malley says it’s no more or less a bar than Temperance or Sketchbook. Mayor Hagerty asked how many customers Beer on Central typically has 545 of 793 FINAL Page 4 of 4 at the bar. Peter O’Malley guessed 10-12 on weekdays and 20-24 people on weekends; at its busiest, 25-30 people. Mayor Hagerty said he needed more time to consider the request and the issue will get continued. No action was taken. The Board recommended continuing the matter. Theo Ubique Cabaret Theatre, 721 Howard Street Lorraine Dostal requested amendments to the class U (Theatre) liquor license. Class U allows alcohol sales one hour prior to shows and during intermission in the lobby only. She explained that Theo Ubique is a cabaret dinner theater that plans to serve alcohol in the theater as part of dinner service and at a bar in the theater. Dinners will be provided by a catering service. All servers will be BASSET trained. Because the theater lacks a traditional lobby, she is requesting an amendment that eliminates the lobby requirement. She also requested an adjustment to hours of service, as alcohol will be served during the shows with dinner and not limited to before shows and during intermissions. In addition to its regular show season, the theater is interested in hosting auxiliary events such as movie sing along nights and special events as a way of earning money in between show productions. Lorraine Dostal explained that the theater does not intend to run a kitchen and would instead offer snacks during those auxiliary events. Alderman Rainey and board members expressed concern over alcohol service that did not accompany food and expressed that Theo Ubique needs to give additional thought to its business plan and food offerings with respect to the auxiliary events. It was agreed that the amendments to hours and location of service with respect to dinner theater service will get introduced to City Council and that Theo Ubique will need to rework its business pan with respect to food service during its auxiliary events. 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 an amendment to be introduced at the City Council meeting on September 17, 2018. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Stephen H. Hagerty, Mayor at 12:43 a.m. August 29, 2018. Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 546 of 793 For City Council meeting of September 17, 2018 Item A34 Ordinance 100-O-18, Modifications to Snow Plan For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Edgar Cano, Public Services Bureau Chief Subject: Ordinance 100-O-18, Proposed Modifications to City Code Section 10-11- 6, Schedule VI; Snow Routes and Snow Emergency Regulations Contained in Section 10-4-13 Date: September 7, 2018 Recommended Action: Staff recommends that City Council adopt Ordinance 100-O-18, amending City Code 10-4-13 (C), Snow Emergency, and the designated Snow Routes in Section 10-11-6, Schedule VI. The majority of the proposed modifications will make the City Code consistent with the current snow route map, existing snow route sign postings and staff’s current operations during snow events thereby improving snow removal operations and towing/parking bans associated with declared snow emergencies. Livability Benefits: Built Environment - Enhance Public Spaces Health And Safety - Improve Emergency Prevention and Response Background: Parked cars are a constant obstacle for plow operators to navigate around and can prevent City crews from providing an efficient and quality job when keeping our roads safe and clear of snow and ice. In Evanston, where on-street parking is a necessity, snow parking restrictions in the form of snow route parking bans and snow emergencies facilitate snow and ice operations and allow for efficient cleanup. These restrictions are outlined in City Code Section 10-4-13. The declaration of a snow emergency prohibits parking on the even side of streets on even dates and on the odd side of the streets on odd dates on all residential streets posted for alternate side parking between the hours of 8:00 A.M. and 6:00 P.M. Once declared, the parking restriction is in effect for two days to allow for the clearing of both sides of the street while allowing vehicles to be parked on the alternate side and along snow routes, outside of snow route parking restriction conditions and hours. Memorandum 547 of 793 Any vehicles that do not comply with the restrictions are subject to parking fines and/or towing. Towing in this operation includes the relocation of vehicles parked in violation of the restrictions. Towing contractors move the vehicles while the block is cleared, typically relocating them within one block of the vehicles original location. In the past, the City has had a difficult time clearing streets of snow from curb to curb at many locations, mainly due to parked vehicles and noncompliance to snow related parking restrictions. Non-compliance prevents personnel from clearing along parking lanes and in some cases prevents equipment from accessing and traveling down a stretch of road since people tend to park further from curb lines during and following snow events. This is especially true when several inches of snow accumulation are present making it difficult to locate the curb. As cars are parked further from the curb and into the driving lane, it results in narrowing of the street and makes it less accessible for snow and ice personnel, first responders/emergency vehicles, and the motoring public in general to travel down streets. Snow Emergency Discussion: Currently, City Code Section 10-4-13(C), reads, “a snow emergency is hereby declared to be in effect at eight o’clock (8:00) A.M. following the accumulation of four inches (4”) of snow within a twenty four (24) hour period, or may be declared by the City Manager, or his/her designee, and shall remain in effect until six o’clock (6:00) P.M. the following day, a period of thirty four (34) hours. A snow emergency may be extended by the City Manager, or his/her designee, should conditions warrant.” Staff recommends removing, “within a 24 hour period” from the ordinance, allowing a snow emergency to be declared after four (4) inches of accumulation regardless of a time frame. This would assist snow and ice operations if and when separate storms separated by more than 24 hours were to bring more than 4 inches of snow. For instance, if a winter storm occurring on Monday was to bring 3 inches of snow along with cold temperatures, followed by a storm on Wednesday bringing another 3 inches of snow while still experiencing low temperatures, you could potentially have 6 inches of snow in parking lanes with little to no melting. The same is true if we experience four or more consecutive days of snowfall of around 1 inch per day. This snow could then compact and turn to ice making it more difficult to remove. In addition, with increased accumulation comes increased snow and ice operation hours. The more snow on the ground the more difficult it becomes for materials and equipment to remove. This leads to additional resources such as increased salt usage and increased man hours for snow and ice plow operators as well as for towing operations personnel such as police, parking enforcement officers, and tow companies. Snow Route Discussion: The proposed revisions to the Snow Route Schedule are shown in the proposed Ordinance. These revisions fall into several categories: • Clarifying starting and ending points • Modifying the snow route schedule to match what is currently posted • Adding new snow route locations 548 of 793 • Removing streets that are currently posted as residential for sweeping and snow removal and / or no longer exist. Clarifying starting and ending points An example for the need to clarify starting and ending points on a street is Sheridan Road. The current code lists Sheridan Road as a snow route without any starting or ending point. Sheridan Road is not continuous through the City; it is located from the north city limit to Greenwood Street, and from Burnham Place to Howard Street. Sheridan Road from Forest Place to Greenwood Street is not a snow route and should not be listed as such in the City Code. By adding starting and ending points for all streets, this confusion is resolved. Modifying the snow route to match what is currently posted An example of this type of modification is on Dempster Street where the City Code currently indicates a snow route from the west city limit to Forest Avenue. The proposed revision would indicate Dempster Street as a snow route from the west city limit to the alley east of Chicago Avenue. This proposed modification conforms to what is currently shown on the snow route map and with how snow route signs are currently posted on the street. Adding new snow route locations The table below indicates the streets where staff recommends adding snow routes. As indicated in the table, Harrison and Lincoln are already on the snow route map and have appropriate signs posted. Greenleaf and Pitner are already posted as snow routes, but will be added to the snow route map and City Code. Street/Location Streets Recommended for Addition Greenleaf Street West from its intersection with Dodge Avenue to its intersection with Pitner Avenue (update map, no need to update postings) Harrison Street West from its intersection with Crawford Avenue to its intersection with Greeley Avenue (no need to update map or postings, used to be state route) Lincoln Street West from its intersection with Green Bay Road to its intersection with Hartrey Avenue (no need to update map or postings) Pitner Avenue South from its intersection with Greenleaf Street to its intersection with Main Street (update map, no need to update postings) Removing streets that are currently posted as residential for sweeping and snow removal and / or no longer exist. Street/Location Streets Recommended for Removal Foster Street East from its intersection with Ridge Avenue to its intersection with Sherman Avenue (no need to update map or postings) 549 of 793 Keeney Street West from its intersection with Sheridan Road to its intersection with Michigan Avenue (no need to update map or postings) South Boulevard East from its intersection with Chicago to its intersection with Sheridan Road (no need to update map or postings) Railroad Avenue North from its intersection with Davis Street to its intersection with Church Street (street no longer exists at this location) Foster, Keeney and South Boulevard are already posted as residential but are currently shown in the City Code as a snow route. Railroad Avenue between Davis and Church was eliminated when the development at 909 Davis Street occurred. Staff is therefore recommending that these streets be removed from the snow route schedule listed in the Code. Snow Route Sign Posting Modifications Currently the majority of the posted signs along the snow routes reflect the information in the proposed revisions. Any areas which require updates in the form of sign additions, corrections, or removal, are minimal and should not require additional funding. Required sign posting addition and removal changes are as follows: Street/Location Description of Posting Updates Benson Avenue Add snow route signs from Emerson Street south to Elgin Road Green Bay Road Add snow route signs north of McCormick Avenue, west side of street next to Kingsley school (already in ordinance, sign is just missing) Elmwood Avenue Add snow route signs from Davis Street south to Grove Street (already in ordinance, sign is just missing) Greenleaf Street Remove postings from Dodge Avenue east to Sherman Avenue Maple Avenue Add snow route signs from Emerson Street south to University Place (already in ordinance sign is just missing) Ridge Avenue Change current snow emergency signs from Central Street south to Colfax Street to snow route signs, only on west side of street (already in ordinance, sign is just missing) Orrington Avenue Add one sign on east side of street south of Church Street (already in ordinance, sign is just missing) Snow Route Map Modifications Attached is a proposed snow route map that indicates the modifications recommended by staff in blue. No other modifications are recommended as areas shown in red on the map are already posted and treated as a snow route. 550 of 793 Legislative History: Proposed modifications to the City Code in regards to snow emergencies and the snow routes were discussed at the Administration & Public Works meeting of August 13, 2018. Attachments: Ordinance 100-O-18 Map showing proposed Snow Routes Additions 551 of 793 9/7/2018 100-O-18 AN ORDINANCE AN ORDINANCE ESTABLISHING PROPOSED MODIFICATIONS TO CITY CODE SECTION 10-11-6 - SCHEDULE VI; SNOW ROUTES AND SNOW EMERGENCY REGULATIONS CONTAINED IN SECTION 10-4-13 NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Section 10-11-6, Schedule VI, “Snow Routes” of the Evanston City Code of 2012, as amended, is hereby amended as follows: (A) SNOW ROUTES: Those streets and public thoroughfares running in a general easterly and westerly direction: SCHEDULE VI (A): SNOW ROUTES Bridge Street Southeast from its intersection with Payne Street to its intersection with Simpson Street Burnham Place East from its intersection with Forest Avenue to its intersection with Sheridan Road Central Street East from its intersection with Gross Point Road to its intersection with Sheridan Road Church Street East from the west City limits to its intersection with Chicago Avenue Clark Street Southeast from its intersection with Orrington Avenue to its intersection with Chicago Avenue Clark Street East from its intersection with Benson Avenue Maple Avenue to its intersection with Orrington Avenue Clark Street East from intersection with Ridge Avenue to its intersection with Forest Avenue Oak Avenue Davis Street East from its intersection with Asbury Avenue to its intersection with Chicago Avenue Hinman Avenue Dempster Avenue East from the west City limits to its intersection with Forest Avenue the first alley east of Chicago Avenue Elgin Road East from its intersection with Simpson Street to its intersection with McCormick Boulevard; Southeast from its intersection with Emerson Street to its intersection with Orrington Avenue Emerson East from its intersection with McCormick Boulevard to its 552 of 793 100-O-18 ~2~ Street intersection with Sherman Avenue Foster Street East from its intersection with Ridge Avenue to its intersection with Sherman Avenue Grant Street East from its intersection with Crawford Avenue to its intersection with McCormick Boulevard Prairie Avenue Greenleaf Street East from its intersection with Pitner Avenue to its intersection with Dodge Avenue Greenwood Street West from its intersection with Chicago Avenue to its intersection with Sherman Avenue Grove Street East from its intersection with Maple Avenue to its intersection with Chicago Avenue Harrison Street East from its intersection with Greeley Avenue to its intersection with Crawford Avenue Howard Street East from the west City limits to east City limits Keeney Street West from its intersection with Sheridan Road to its intersection with Michigan Avenue Keeney Street East from its intersection with Michigan Avenue to its intersection with Sheridan Road Lake Street East from its intersection with Asbury Avenue to its intersection with Chicago Avenue Lincoln Avenue Street East from its intersection with Hartrey Avenue to its intersection with Green Bay Road Main Street East from the west City limits to its intersection to Sheridan Road Oakton Street East from the its west City limits to its intersection with Chicago Avenue Callan Avenue Simpson Street East from its intersection with Crawford Avenue to its intersection with Elgin Road; and east of its intersection with McCormick Boulevard Bridge Street to its intersection with Green Bay Road South Boulevard East from its intersection with Chicago Avenue to its intersection with Sheridan Road South Boulevard East from its intersection with Callan Avenue to its inter section with Chicago Avenue (B) SNOW ROUTES: Those streets and public thoroughfares running in a general northerly and southerly direction SCHEDULE VI (B): SNOW ROUTES Asbury Avenue South from its intersection with Green Bay Road to Howard Street Benson Avenue North from its intersection with Davis Street to its intersection with Elgin Road Emerson Street Callan North from its intersection with Oakton Avenue to its intersection 553 of 793 100-O-18 ~3~ Avenue with South Boulevard Central Park Avenue North from its intersection with Simpson Avenue to its intersection with Isabella Avenue Chicago Avenue North from its intersection with Howard Street to its intersection with Sheridan Road Crawford Avenue North from its intersection with Simpson Street to its intersection with Glenview Road Dodge Avenue South from its intersection with Simpson Street to Howard Street Elmwood Avenue South North from its intersection with Ggrove Street to its intersection with Davis Street Forest Avenue South from its intersection with Church Street Davis Street to Main Street Forest Place North from its intersection with Davis Street to its intersection with Church Street Green Bay Road North from its intersection with Ridge Avenue to its intersection with Isabella Grey Avenue North from its intersection with McCormick Boulevard Bridge Street to its intersection with Grant Street Gross Point Road North from its intersection with Harrison Street to the north City limits McCormick Blvd Northeast from its intersection with Emerson Street to its intersection with Green Bay Road McDaniel Avenue North from its intersection with Simpson Street Elgin Road to its intersection with Isabella Street Maple Avenue North from its intersection with Grove Street to its intersection with Emerson Street Church Street; and north from its intersection with Church Street to its intersection with Emerson Oak Avenue North from its intersection with Davis Street to its intersection with Clark Street Orrington Avenue North from its intersection with Davis Street to its intersection with Clark Street Pitner Avenue North from its intersection with Main Street to its intersection with Greenleaf Street Prairie Avenue North from its intersection with McCormick Boulevard to its intersection with Grant Street Railroad Avenue North from its intersection with Davis Street to its intersect ion with Church Street Ridge Avenue North from its intersection with Howard Street to its intersection with Sheridan Road Sheridan Road Avenue North from its intersection with Forest Place to north City limits Sheridan Road North from south City limits to its intersection with Burnham Place Sherman Avenue North from its intersection with Clark Street to its intersection with Emerson Street 554 of 793 100-O-18 ~4~ Sherman Avenue North from its intersection with Greenwood Street to its intersection with Clark Street SECTION 2: Section 10-4-13, “Snow Emergency; Snow Route Parking Ban; Other Regulations” of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 10-4-13. – SNOW EMERGENCY; SNOW ROUTE PARKING BAN; OTHER REGULATIONS. (A) Snow Route Parking Ban. A snow route parking ban is hereby declared to be in effect at eleven o'clock (11:00) P.M. following the accumulation of two inches (2") of snow within a twenty four (24) hour period, or may be declared by the City Manager, or his/her designee, and shall remain in effect until six o'clock (6:00) A.M. the following day. (B) Snow Routes Designated. To facilitate the removal of snow and to assure the regular flow of traffic during and after snowfalls, the streets and public thoroughfares designated in Section 10- 11-6, Schedule VI of this Title, are declared to be snow routes. (C) Snow Emergency. A snow emergency is hereby declared to be in effect at eight o'clock (8:00) A.M. following the accumulation of four inches (4") of snow within a twenty four (24) hour period, or may be declared by the City Manager, or his/her designee, and shall remain in effect until six o'clock (6:00) P.M. the following day, a period of thirty four (34) hours. A snow emergency may be extended by the City Manager, or his/her designee, should conditions warrant. SECTION 3: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and will be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: This ordinance will be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 6: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity will not affect other provisions or applications of this ordinance that can be given effect 555 of 793 100-O-18 ~5~ without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. Introduced: _________________, 2018 Adopted: ___________________, 201 8 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 556 of 793 ò ! ! ÆP ÆP !o700 400 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 17003500260017001800900190090021002300210040038003700NORTH SHORE CHANNELNORTH SHORE CHANNELLAKEMICHIGANMcCORMICK 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 S T 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 R O SL YN 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 ST E 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 CHANCELLOR LIVINGSTON 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 Ryan Field North Water Tower SouthWaterTower EvanstonHospital St. FrancisHospital Grosse PointLighthouse NorthwesternUniversityCampus CalvaryCemetery ETHSCampus PresbyterianHomes CENTRAL PARK3000 W GRANT2300 N SIMPSON2100 N EMERSON1900 N CHURCH1700 N MAIN900 N OAKTON500 N HOWARD100 N HOWARD100 N k McDANIEL2500 W ASBURY1300 W RIDGE900-1200 W CRAWFORD3400-3600 W CRAWFORD3400-3600 W ASBURY1300 W RIDGE900-1200 W CHICAGO600 WDODGE1900 W DEMPSTER1300 N MAIN900 N DEMPSTER1300 N SOUTH500 N CENTRAL2600 N NOYES2200 N EMERSON1900 N ISABELLA 2800 N ISABELLA 2800 N JamesPark Crown Park Proposed SnowRoute Additions ProposedSnowRouteAdditions2018Map.mxd9/7/2018This map is provided "as is" without warranties of any kind.See www.cityofevanston.org/mapdisclaimers.html for more information. 1:24,000 1 inch = 2,000 feet 0 1,000 2,000 3,000Feet ¦ Proposed Snow Route Snow Route Regular Street Snow Plow Zones Plowing Zone 1 Plowing Zone 2 Plowing Zone 3 Plowing Zone 4 Plowing Zone 5 Plowing Zone 6 Plowing Zone 7 Plowing Zone 8 Plowing Zone 9 Railroad Water Park 557 of 793 For City Council meeting of September 17, 2018 Item A35 Ordinance 40-O-17, Lead Water Service Abatement For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David D. Stoneback, Public Works Agency Director Darrell A. King, Water Production Bureau Chief Subject: Ordinance 40-O-17, Amending City Code Section 7-12-4-2, Lead Service Line Replacement Program Date: September 4, 2018 Recommended Action: Staff recommends that City Council adopt Ordinance 40-O-17, amending City Code Section 7-12-4-2, Installation and Maintenance of Service Pipe from Tap to Fixtures. The proposed amendment would promote the replacement of lead water service lines by residential property owners. Ordinance 40-O-17 was introduced on April 24, 2017 but never returned to City Council for adoption. Staff was not aware the Ordinance was never adopted and has been offering loans to property owner on streets where water mains are being replaced since 2017. Funding Source: Funding for the lead water service abatement program would be from the Water Fund reserves and transferred to account 510.40.4225.62410 as needed as loans are issued. Livability Benefits: Built Environment: Manage water resources responsibly Health & Safety: Improve health outcomes Summary: For over ten-years the City has offered a non-codified lead water service line replacement program whereby the City would share the cost of replacing a lead water service line with property owners. Under this program, the property owner must replace the portion of the water service from their home to the valve located in the parkway at their own expense. Once this work is completed, the City will replace the portion of the water service from the parkway to the water main located in the street at no expense to the property owner. During 2016 five property owners took advantage of this program for the first time since its inception and there are currently 2 requests scheduled for Memorandum 558 of 793 2017. Please note that this program is only for the replacement of a lead water service, and as such the new water service must be the same size as the existing water service. If the property owner increases the size of the water service, they are then responsible to replace the entire length of the water service (from the home to the water main) as this is considered a service line up-grade rather than a lead service line replacement. The recommended amendment to City Code Section 7-12-4-2 would officially codify this lead water service line abatement strategy presently made available to property owners if approved. In addition to the aforementioned lead abatement strategy this recommended amendment would also include an additional lead water service line replacement program in conjunction with the City’s annual water main replacement program. As part of the City’s water main replacement program, the City will replace the water main and the City owned portion of the water service line from the water main to the service valve located in the parkway. This replacement will be done at the City’s expense. The portion of the water service line from the building to the service valve in the parkway is owned by and the sole responsibility of the property owner. In an effort to encourage and incentivize the replacement of the property owner’s portion of the water service line; the City may offer a loan to the property owner for the replacement of his/her individual lead water service line. The loan may be provided at the residential property owner’s request. This loan will have a one-time service fee of $50.00, and this fee will apply to each loan. The loan funding will be disbursed from the City’s Water Fund. The money loaned for replacement of the lead service pipe will not exceed four thousand eight hundred dollars ($4,800.00) and will be payable back to the City over a forty-eight (48) month period. The loan repayment will be charged as a one hundred ($100) dollar per month ($200 every two months) charge that will appear on the property owner’s bi-monthly City water utility bill. The first billing statement of the repayment period will include the one-time service fee of $50.00, in addition to the $200 loan repayment amount. All loan repayment amounts or loan service fees are in addition to all other regular City utility bill charges. Other communities that have similar lead water service line replacement programs are the Village of Oak Park, the City of Cincinnati, the City of Madison (Wisconsin), and the Boston Water and Sewer Commission. Legislative History: Ordinance was approved at Administration & Public Works meeting of April 24, 2017 and by City Council for Introduction on April 24, 2017. Attachments: Ordinance 40-O-17 559 of 793 4/7/2017 40-O-17 AN ORDINANCE Amending City Code Section 7-12-4-2 NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Legislative Statement. At the time of the adoption of this ordinance, the City Council determined that a voluntary shared program to replace lead water service lines in the City is a prudent step to improve the safety and durability of water distribution infrastructure. The voluntary program will be reasonably implemented on a cost share, or loan basis, as the case maybe, with an affected residential property owner. SECTION 2: Section 7-12-4-2 “Installation and Maintenance of Service Pipe From Tap to Fixtures,” of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 7-12-4-2. - INSTALLATION AND MAINTENANCE OF SERVICE PIPE FROM TAP TO FIXTURES. (A) Service Pipe Requirements. 1.Every person desiring to be supplied with water from the City water system shall, at his/her own cost and expense, lay the service pipe from the tap in the main to the fixtures or outlets he/she desires supplied. 2. No such service pipe hereafter laid shall be less than one (1) inch in diameter between the main and the shutoff box, and from the shutoff box to the water meter. 3. The owner of the premises supplied with water shall keep the service pipe in repair from the service valve located in the shutoff box to the outlets, including all fixtures supplied through such pipe, at his/her expense. 560 of 793 40-O-17 ~2~ (B) Notice To Repair. If any such person shall permit any such pipe after the service valve to become broken or out of repair so that the water is wasted thereby, the City Manager, or his/her designees may, after two (2) days' notice in writing to such person to repair such pipe, turn off the water from such premises. Whenever the water is so turned off, it shall not be turned on again until the pipe and appurtenances on such premises, or in the buildings thereon, have been placed in proper repair. The notice herein provided for may be served by personal service upon the owner or by mailing such notice to the person in possession, charge or control. (C) Voluntary Lead Service Line Replacement Program. 1. The City offers a program where it may share the cost of replacing a lead service line with residential property owners. The residential property owner must first replace the water service line running from his/her home to the valve located in the parkway. This work must be done by the homeowner at his/her expense. Once this work is satisfactorily completed, the City will replace the water service line running from the connection point in the parkway to the connection at the water main located in the street. 2. This voluntary program will only replace a lead water service line. All new water service lines must be the exact size as the existing water service lines. 3. If the property owner increases the size of the water service, they can only do so at his/her sole expense, and are responsible for the quality of the work performed. A property owner increasing/upgrading the size must replace the entire length of the water service line running and connecting from the home to the water main. 4. The property owner must hire a licensed plumber to perform the water service line replacement between the house and the parkway valve. The City will not be responsible for the means and methods of any of the residential property owner’s work, or the work done by the owner’s agents/contractors. 5. The property owner’s plumber must obtain a permit from the City’s Community Development Department prior to performing the work. As part of the permit application, the plumber must indicate that it will replace the shutoff valve (curbstop and B-box) located in the parkway. Once the property owner’s portion of the water service line and shutoff valve is replaced, the City will schedule the replacement of the lead water service connecting from the valve in the parkway to the water main. Completion of the work depends upon the operational needs of the City and other work performed by the City’s water distribution employees. (D) Lead Service Line Replacement Program and Annual Water Main Replacement Program. 1. As part of the City’s water main replacement program, the City will replace the portion of the water service pipe from the water main to the service valve. This replacement will be done at the City’s expense. If City’s water main replacement project occurs on the residential property owner’s block, and 561 of 793 40-O-17 ~3~ his/her water service line is lead and connects to the water main being replaced, the City may offer a loan to the property owner for the replacement of his/her individual lead water service pipe. The loan may be provided at the residential property owner’s request. 2. This loan will have a one-time service fee of $50.00, and this fee will apply to each loan. The loan funding will disburse from the City’s Water Fund. The money loaned for replacement of the lead service pipe will not exceed four thousand eight hundred dollars ($4,800.00) and will be payable back to the City over a forty-eight (48) month period. 3. The loan repayment will be charged as a one hundred ($100) dollar per month ($200 every two months) charge that will appear on the property owners bi- monthly City water utility bill. The first billing statement of the repayment period will include the one-time service of $50.00, in addition to the $200 loan repayment amount. All loan repayment amounts or loan service fees are in addition to all other regular City utility bill charges. 4. The property owner must hire a licensed plumber to satisfactorily perform and complete the water service pipe replacement between the house and the parkway. The selected plumber must obtain a permit from the City’s Community Development Department prior to performing the work. The City will not be responsible for the means and methods of any of the residential property owner’s work, or the work done by the owner’s agents/contractors. 5. To be eligible for loan consideration under this subsection, a residential property owner must be current in paying any utility charges owed to the City. The property must have an operable AMR water meter. If a property owner fails to repay the loan balance, the City reserves the right to terminate water service, or take other actions as provided for under the City Code or state law. 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 will 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. 562 of 793 40-O-17 ~4~ SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and will be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Nothing in this Ordinance abridges, negates, or limits, the City’s immunities under state law, including but not limited to, the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/et seq. The City will exercise reasonable care in implementing this ordinance. SECTION 5: This ordinance will be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: April 24, 2017 Adopted: ___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ City Clerk Approved as to form: ______________________________ Michelle Masoncup, Corporation Counsel 563 of 793 For APW Meeting of September 17, 2018 Item APW1 Eruv District Expansion For Discussion To: Administration and Public Works Committee From: Kimberly Richardson, Deputy City Manager Subject: Eruv District Expansion Date: September 17, 2018 An eruv is a boundary that allows observant Jews to carry needed things in public on the Jewish Sabbath and Holy Days. On these days all activities associated with work are prohibited. The prohibition against carrying includes house keys, prayer books, canes or walkers, and even children who cannot walk on their own. Through the means of an eruv, communities are able to turn a large area into a large private domain, in which items may be carried. The eruv can be comprised of a series of pre-existing structures (walls, fences, electrical poles and wires) and/or structures created expressly for the eruv, often a wire mounted on poles. The City’s Public Works Agency, Parks, Recreation and Community Services Department and City Manager’s Office staff met with representatives of the Evanston Jewish community regarding a proposal to expand the City’s eruv. The original eruv was approved by the City Council in 1992 (43-R-92, attached), but only encompasses the following geographical area “the right-of-way of Custer Avenue, Ridge Avenue and Asbury Avenue at the South right-of-way line of the Chicago Transit Authority’s Skokie Swift right-of-way, and at Dodge Avenue.” A community meeting was held in February 2018 to discuss the plan to expand the eruv with the public (map and photos of expansion are attached). Locations in green currently exist (mostly along southern and western boundaries of City) and locations in pink/purple would need structures to be added (mostly north and east boundaries). All installations, improvements, and maintenance would be at expense of Jewish community committee working on the project. There are two areas staff is concerned about this project. The first is the addition of telephone poles along the lakefront, as that area is in the Lakefront historic district and requires review by the Preservation Commission (Vicinity map attached). The second area of concern is that the request proposes the creation and reinforcement of an existing fence at the former Dog Beach, Greenwood St. Beach and South Blvd. Beach. Community members seek City Council’s direction on the proposed eruv district expansion. Memorandum 564 of 793 565 of 793 566 of 793 567 of 793 568 of 793 569 of 793 570 of 793 571 of 793 572 of 793 573 of 793 574 of 793 575 of 793 576 of 793 577 of 793 578 of 793 579 of 793 580 of 793 581 of 793 582 of 793 583 of 793 584 of 793 585 of 793 586 of 793 587 of 793 588 of 793 589 of 793 590 of 793 591 of 793 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, September 17, 2018 7:00 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston James C. Lytle Council Chambers AGENDA I. CALL TO ORDER/DECLARATION OF QUORUM: ALDERMAN WILSON, CHAIR II. APPROVAL OF REGULAR MEETING MINUTES OF AUGUST 13, 2018 III. ITEMS FOR CONSIDERATION (P1) Appeal to Planning & Development Committee of Design and Project Review Committee Decision Denying Variance for Commercial Variable Message Sign (CVMS) for Citgo Station at 1925 Green Bay Rd The Planning & Development Committee shall decide whether or not to hear the variance appeal, and if granted, set a hearing date for said appeal. The hearing shall be confined to a review of the Design and Project Review (DAPR) decision and written objections submitted by the appellant property owner. No verbal presentation shall be heard except by invitation by the committee. The Planning & Development Committee shall either approve, approve with conditions, deny the application or refer the matter back to DAPR for further proceedings. For Action (P2) Landlord-Tenant Services with Metropolitan Tenants Organization & Lawyers’ Committee for Better Housing The Housing and Homelessness Commission and staff recommend City Council approval of a not to exceed $70,000 contract with Metropolitan Tenants Organization and Lawyers’ Committee for Better Housing for landlord-tenant services. The funding source is the City’s Affordable Housing Fund (Account 250.21.5465.65497). The Affordable Housing Fund has a current uncommitted cash balance of approximately $600,000; including $114,500 budgeted for housing services in FY2018. For Action 592 of 793 Planning & Development Committee Meeting Agenda September 17, 2018 (P3) Ordinance 41-O-18, Amending City Code Section 6-16, Table 16-B, “Schedule of Minimum Off Street Parking Requirements” The Plan Commission and staff recommend City Council adopt Ordinance 41-O- 18, amending the Zoning Ordinance to modify parking requirements for College/University Institutions. Staff is proposing to adjust the parking requirements for dormitories and fraternity and sorority houses. The proposed text amendment still requires more than the 1 to 16 ratio of students with parking permits to those eligible to obtain parking permits. The proposed amendment would reduce the total required parking spaces on Northwestern University’s campus from 4,096 to approximately 3,493. For Introduction (P4) Ordinance 105-O-18, Amending Portions of the Zoning Ordinance Creating Brew Pubs and Craft Alcohol Production Facilities The Plan Commission and staff recommend approval of Ordinance 105-O-18 authorizing Zoning Ordinance Text Amendments to alcohol producing uses that include allowing Brew Pubs as a Special Use in the MXE Mixed-Use Employment District. For Introduction (P5) Ordinance 108-O-18, Special Use Permit and Major Variations for a Banquet Hall and a Brew Pub, Double Clutch Brewing Company, at 2119-2125 Ashland Avenue The Zoning Board of Appeals and staff recommend approval of Ordinance 108-O- 18 authorizing Special Uses for a Banquet Hall and Brew Pub and Major Zoning Variations for a 0’ front yard setback where 10’ is required, a 0’ interior side yard setback where 5’ is required, a 0’ rear yard setback where 5’ is required, and to eliminate 1 required short loading dock. For Introduction (P6) Ordinance 103-O-18, Granting a Special Use for a Type 2 Restaurant, Backlot Coffee, at 2004 Central Street The Zoning Board of Appeals and City Staff recommend adoption of Ordinance 103-O-18 granting a special use approval for a Type 2 Restaurant, Backlot Coffee in the B1a Business District and oCSC Central Street Overlay District. The applicant has complied with all zoning requirements, and meets all of the standards of a special use for this district. Alderman Revelle recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council. For Introduction and Action 593 of 793 Planning & Development Committee Meeting Agenda September 17, 2018 (P7) Ordinance 104-O-18, Granting a Special Use and Zoning Relief to Expand a Daycare Center - Child at 2200 Main Street The Zoning Board of Appeals and City staff recommend adoption of Ordinance 104-O-18 granting special use approval to expand a Daycare Center – Child, the Infant Welfare Society of Evanston, and zoning relief for a one-story addition with a 6.1’ west interior side yard setback where 15’ is required, at 2200 Main St. in the R2 Single Family Residential District. The applicant has complied with all zoning requirements and meets all of the standards for a special use for this district. Alderman Braithwaite recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council. For Introduction and Action (P8) Ordinance 102-O-18 Granting a Special Use for a Type 2 Restaurant, Kilwins Chocolates, at 1724 Sherman Avenue The Zoning Board of Appeals and City Staff recommend adoption of Ordinance 102-O-18 granting a special use approval for a Type 2 Restaurant, Kilwins Chocolates 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 (P9) Ordinance 106-O-18, Granting a Special Use for a Public Utility and Major Zoning Relief for a Fence (Concrete Wall) at 514 Custer Avenue The Zoning Board of Appeals and City staff recommend adoption of Ordinance 106-O-18 granting special use approval for a Public Utility for the replacement of existing ComEd equipment with “DC-in-a-box” utility equipment, and major zoning relief for a 20’-tall fence (concrete wall) for safety and thermal screening of the utility equipment, at 514 Custer Ave. The applicant has complied with all other zoning requirements, and meets all of the standards for special use and major variation in the R3 Two Family Residential District. For Introduction IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 594 of 793 Planning & Development Committee Meeting Minutes of August 13, 2018 7:00 p.m. James C. Lytle Council Chambers - Lorraine H. Morton Civic Center MEMBERS PRESENT: J. Fiske, T. Suffredin, A. Rainey, M. Wynne, E. Revelle, R. Rue Simmons STAFF PRESENT: M. Masoncup, S. Mangum, J. Leonard 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 7:26 p.m. Chair Fiske noted that items PD1 and PD2 would be discussed at a future meeting. II. APPROVAL OF REGULAR MEETING MINUTES OF JULY 23, 2018 Ald. Rue Simmons moved to approve the minutes of the July 23, 2018 meeting, seconded by Ald. Revelle. Jim Janecek, 1500 Main, spoke about corrections to the last P&D meeting. Janecek noted that vacation rentals go through inspections and the licensing process can take over 3 months. He stated that he applied for a rental license in January that did not go to P&D until July, addressing the unavailability of the property inspector due to a shortage in the Health Dept. Janecek noted that he counted 190 properties with vacation rentals with only 12 licensed. He addressed the difficulty of the process and believes that AirBnb should be in charge of identifying these properties. He added that in january, AirBnb estimates that the city will receive $80,000 - $90,000 in taxes for the year, and he finds it unfortunate that a portion of this money can not be used for enforcement. The committee voted unanimously 6-0, to approve the July 23, 2018 minutes. III. ITEMS FOR CONSIDERATION (P1) Vacation Rental License for 2130 Wesley Avenue 595 of 793 City staff recommends approval of a Vacation Rental License for the property located at 2130 Wesley Avenue. 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 6-0 to approve the item. (P2) Tenant-Based Rental Assistance Renewal Funding The Housing and Homelessness Commission and staff recommend approval of a funding renewal of $300,000 in HOME funds to continue the current Tenant Based Rental Assistance program, administered by Connections for the Homeless. The funding will provide stable housing for two years to up to ten at risk Evanston families with children under the age of 18 in Evanston that are underemployed, and break the cycle of poverty and instability by developing the capacity to earn a living wage to support their families and afford market rate rental housing. The increase in funding from $250,000 to $300,000 is due to the increasing costs to rent in Evanston. Funding is from the HOME Investment Partnerships Program (Account 240.21.5430.65535). Currently, the City has a total of $474,275.33 in available uncommitted HOME funds. For Action Alvin Paden, 1122 Emerson Street, and the owner of Paden Properties, noted that they own 27 units between 1 and 4 bedrooms, and that they rent below market. He also added that they have unique units for Northwestern University students. Renee Paden, an Evanston landlord for over 50 years, noted Paden Properties relationship with Connections for over 10 years. She stated that they have requested for the Executive Director of Connections to resolve the matter between them and the Paden family, which was ignored. Paden addressed the potential conflict of interest with city staff promoting a recipient of city funds. She noted that a Connections success story previously spoke before City Council and became homeless after graduating the TBRA program. Kimone Kendricks, participant in the Connections program, noted that she was helped by Connections to find an apartment with Paden Properties after losing employment. Kendricks stated that she hopes to see the issue resolved, addressing the importance of both programs. Tina Paden, 1122 Emerson Street, of Paden Properties noted that Kimone is the last tenant with Connections, and that they can not take any more Connections tenants until the debt is paid. Paden addressed that fact that the landlord is forgotten in affordable housing plans. 596 of 793 Vince Hennigan, of Impact Behavioral Health Partners, colleagues of Connections, spoke on behalf of Connections. He noted their good working relationship with the organization and their help for the community. Doreen Price noted that homes are sources of income. She stated that the affordable housing plan talks about flipping of homes, but can help homeowners to stay in house with assistance. She discussed the ability for homes to be sold to developers who then charge above rate rentals. Bessie Simmons, employee for Connections, stated that she was previously a participant in TBRA with Connections and was able to complete a Masters degree using their services. Simmons noted that as a housing case manager, she provides similar services to others that Connections provided to her. Simmons spoke in favor of approving funding. Nate Blackburn, Connections board member, noted that he was previously homeless while in college and that the organization is about helping people. Blackburn spoke in support of funding. Sue Loellbach, Connections employee, spoke in support of the HOME TBRA program. Loellbach discussed the importance of the program for the community, and noted that she was encouraged by affordable housing progress including the Inclusionary Housing Ordinance. Al Hirsch, owner of Hirsch Management, stated that they own and operate 120 units in Evanston, 19 of them working with Connections and expressed support, noting that they do a great job working for people. Baxter Swilley, 764 Dodge Avenue, discussed his previous work with affordable housing and is currently working to remove barriers to families who need assistance. Swilley addressed the fact that of 40 organizations that they work with, Connections was the only one to volunteer to participate. Ald. Revelle moved approval of the item, seconded by Ald. Wynne. The Committee voted 6-0 to approve the item. (P3) Resolution 49-R-18, Approving a Plat of Resubdivision for 1239 Asbury Avenue and 1224 Dempster Street City staff recommend adoption of Resolution 49-R-18 approving the proposed resubdivision of the property located at 1239 Asbury Avenue and 1224 Dempster Street. For Action Ald. Wynne moved to approve Resolution 49-R-18, seconded by Ald. Rainey. The Committee voted 6-0 to approve Resolution 49-R-18. 597 of 793 (P4) Ordinance 84-O-18, Granting a Special Use for a Daycare Center – Domestic Animal, and Kennel, Rex’s Place, at 2118-2120 Ashland Ave., 1625 Payne St., and 2147-2149 Dewey Ave. The Zoning Board of Appeals and City staff recommend adoption of Ordinance 84-O-18 granting special use approval for a Daycare Center – Domestic Animal, and Kennel, in the MXE Mixed Use Employment District. The applicant has complied with all zoning requirements and meets all of the standards for special use and major variations for this district. For Introduction Kathy Lichtenstein, Owner, noted that she worked with the City years ago to create a kennel ordinance. She noted that she hopes to be around for many years. Ald. Rue Simmons expressed interest in conditioning that for the two Dewey properties, there is language in the ordinance that excludes additional services within homes for business. Kathy Lichtenstein, Owner, stated that only the yard will be used, and noted that the owner and manager would live in the residences. Ald. Rue Simmons moved to amend to exclude dog business within residences and introduce Ordinance 84-O-18, seconded by Ald. Revelle. The Committee voted 6-0 to introduce Ordinance 84-O-18 as amended. IV. ITEMS FOR DISCUSSION (PD1) Public Benefits from Planned Developments Staff requests City Council direction, which could come in the form of a referral to the Plan Commission if a Text Amendment is recommended or a recommendation for no further action. For Discussion (PD2) Downtown Zoning Regulations Staff requests City Council direction regarding addressing current Downtown zoning regulations. For Discussion V. COMMUNICATIONS VI. ADJOURNMENT Ald. Wynne moved to adjourn, seconded by Ald. Rue Simmons. The meeting adjourned at 8:03 p.m. 598 of 793 Respectfully submitted, Scott Mangum Planning and Zoning Administrator 599 of 793 Item P1 For Planning & Development Meeting of September 17, 2018 Business of the City by Motion, Sign Variance Appeal For Action To: Members of the Planning & Development Committee From: Johanna Leonard, Director of Community Development Gary Gerdes, Building & Inspection Services Division Manager Subject: Appeal to Planning & Development Committee of Design and Project Review (DAPR) Committee Decision Denying Variance for Commercial Variable Message Sign (CVMS) for Citgo Station at 1925 Green Bay Rd Date: September 17, 2018 Recommended Action: The Planning & Development Committee shall decide whether or not to hear the variance appeal, and if granted, set a hearing date for said appeal. The hearing shall be confined to a review of the DAPR decision and written objections submitted by the appellant property owner. No verbal presentation shall be heard except by invitation by the committee. The Planning & Development Committee shall either approve, approve with conditions, deny the application or refer the matter back to DAPR for further proceedings. Funding Source: Not applicable at this time. Livability Benefits: Economy & Jobs: Retain and expand local businesses. Summary: At the July 11, 2018 DAPR meeting, the variance request for a 2’ high x 5’ wide internally illuminated, double-sided CVMS was denied. Sign regulations allow for CVMS signs that display time and date only. The request was based on a visibility hardship. The applicant indicated space limitations between the canopy and storefront would not allow for signage placed on the building to be visible and the CVMS would solve the hardship by allowing product marketing which would increase traffic counts to the store. The store is currently being renovated. Attachments: Letter of Appeal July 11, 2018 DAPR Minutes DAPR packet including variance application and staff memorandum Memorandum 600 of 793 601 of 793 602 of 793 603 of 793 604 of 793 605 of 793 606 of 793 607 of 793 608 of 793 609 of 793 610 of 793 611 of 793 612 of 793 613 of 793 614 of 793 615 of 793 616 of 793 617 of 793 618 of 793 619 of 793 620 of 793 621 of 793 622 of 793 623 of 793 For City Council meeting of September 17, 2018 Item P2 Business of the City by Motion: Landlord-Tenant Services Funding For Action To: Honorable Mayor and Members of City Council Planning and Development Committee From: Johanna Leonard, Community Development Director Sarah Flax, Housing and Grants Administrator Savannah Clement, Housing Policy and Planning Analyst Subject: Landlord-Tenant Services with Metropolitan Tenants Organization & Lawyers’ Committee for Better Housing Date: September 10, 2018 Recommended Action: The Housing and Homelessness Commission (HHC) and staff recommend City Council approval of a not to exceed $70,000 contract with Metropolitan Tenants Organization (MTO) and Lawyers’ Committee for Better Housing (LCBH) for landlord-tenant services. Funding Source: The funding source is the City’s Affordable Housing Fund (Account 250.21.5465.65497). The Affordable Housing Fund has a current uncommitted cash balance of approximately $600,000; including $114,500 budgeted for housing services in FY2018. Livability Benefits: Built Environment: Support housing affordability; Equity & Empowerment: Ensure equitable access to community benefits, and support poverty prevention and alleviation. Discussion: The City released a Request for Applications (RFA) on June 28, 2018 for landlord- tenant services; applications were due July 31, 2018. An RFA for landlord-tenant services was issued in order to ensure the most efficient and effective delivery of services. City staff held a non-mandatory pre-application meeting to answer questions from prospective applicants on July 12, 2018, and posted answers to the questions on the City’s website on July 20, 2018. The RFA is for a 12-month contract. Through the RFA, the City provided a fee schedule (see attached “Exhibit A – Fee Schedule”) for the basic scope of work and additional Memorandum 624 of 793 services. The additional services may be contracted for based on a variety of factors, including the cost for the basic scope. For example, tenant organizing is listed as an additional service, so bidding on that service was not required in order to be considered for the basic scope of work. Additionally, a bidder could have proposed an alternative scope of work that includes the basic scope of services and any additional services listed or not included in the RFA, with a rationale for the alternative service delivery format. A justification for the alternative proposal, as well as a cost structure, must have been provided in order to be considered. The City only received one application in response to the RFA, a joint application from the Metropolitan Tenants Organization (MTO) and Lawyers’ Committee for Better Housing (LCBH). MTO provided bids for the basic scope of services and all of the additional services listed. MTO proposed a fee of $30,000 for the basic scope of work, and a combined fee of $10,000 for group trainings, mediation services, and tenant organizing. In addition, MTO is proposing to pay $30,000 to LCBH for legal consultation services and technical assistance to tenants writing letters to landlords asking for rent reductions/repairs, etc., free legal assistance for low-income tenants facing eviction, and litigation services to combat retaliation and illegal lockouts. Background: Since 2012, the City has provided funding to Open Communities, through 12-month agreements, to support its landlord-tenant work in Evanston. In 2017, Open Communities’ received $40,500 from the City to handle approximately 30 Evanston cases per month, disseminate information to landlords and tenants through trainings and documents posted on Open Communities’ website, and provide mediation services to landlords and tenants when necessary. The City’s agreements with Open Communities for landlord-tenant services have not included direct legal assistance or representation. MTO’s proposed fee for assisting residents with landlord-tenant inquiries through its hotline and Evanston’s 311 system, handling 30-35 cases per month, providing two trainings to landlords and tenants, and distributing information on its website about landlord-tenant rights and responsibilities is $33,500. In addition, MTO has proposed providing mediation services and tenant organizing at $1,500 and $5,000, respectively. MTO is also proposing a partnership with LCBH, for legal consultation services, at an additional $30,000 for the 12-month contract. This collaboration with LCBH will create more efficiency in service delivery by reducing intake redundancy and improving data collection. It will also more effectively help low-income tenants avoid displacement through free legal representation in eviction cases and illegal lockouts. The MTO/LCBH landlord-tenant contract would run from October 1, 2018 through September 30, 2019. The contract would include: • Operate a free hotline for landlord-tenant inquiries Monday through Friday from 1-5 pm; for callers who call outside of those hours, MTO will return all calls within two business days • Respond to landlord-tenant inquiries received through the City’s 311 system • Provide on-site direct assistance to residents through office hours at the Evanston Public Library 625 of 793 • Deliver information and assistance to landlords and tenants, including help with writing letters, strategies on how to resolve issues through negotiations, and referrals to other sources • Work with the City to maintain current landlord-tenant information on the City’s and MTO’s websites • Coordinate at least one two-hour training for Evanston tenants and/or small landlords • Work with the City’s Property Standards Division to provide at least one two-hour training to Evanston property managers • Offer mediation services to landlords and tenants, as needed • Identify potential buildings for tenant organizing if the tenants are facing common problems such as a foreclosure, poor maintenance, building security concerns, health hazards, etc. • Provide direct legal services to low-income tenants, as necessary The Housing and Homelessness Commission and staff recommend funding all of the services proposed by MTO and LCBH at a not to exceed amount of $70,000 for the 12- month contract beginning October 1, 2018. Staff proposes adding the two proposed trainings in MTO’s application, and a $10,000 legal retainer fee to the basic scope of work. This would result in a base contract amount of $43,500 ($30,000 for the basic scope of services listed in the RFA, $1,750 for each training, and a $10,000 legal retainer fee for Lawyers’ Committee for Better Housing). The remaining $26,500 in the contract would cover any additional services such as mediation services, tenant organizing and legal services, when provided. These would be reimbursable expenses billed to the City on a quarterly basis, up to $26,500. Contract renewal may be considered in 2019, contingent on the delivery of services and subject to the availability of funding. Legislative History: The HHC recommended approval of this funding at its meeting on September 6, 2018. Attachments: • MTO/LCBH application/qualifications narrative • Exhibit A – Fee Schedule 626 of 793 627 of 793 628 of 793 629 of 793 630 of 793 631 of 793 632 of 793 633 of 793 634 of 793 635 of 793 636 of 793 637 of 793 638 of 793 For City Council meeting of September 17, 2018 Item P3 Ordinance 41-O-18, Modification of Parking Requirements for College/University For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Johanna Leonard, Community Development Director Scott Mangum, Planning and Zoning Administrator Meagan Jones, Neighborhood and Land Use Planner Subject: Ordinance 41-O-18 Modification of parking requirements for College/University Institutions 18PLND-0004 Date: March 27, 2018 Recommended Action: The Plan Commission and staff recommend City Council adopt Ordinance 41-O-18, amending the Zoning Ordinance to modify parking requirements for College/University Institutions. Livability Benefits Built Environment: Promote diverse transportation modes. Background The existing total parking requirement for College/University Institutions is based on the number of employees and students, seating for gymnasiums/exhibit halls, and number of residents and employees within fraternities and sororities and dormitories. Based on these requirements students that are living on campus are double-counted both in the general parking requirement as “students” and also as “residents” within the fraternities and sororities and dormitories portion of the parking requirement. While the Zoning Ordinance requirements apply to all current and future Colleges/Universities, Northwestern University is the only remaining institution within the City. Kendall College, which was located in Evanston from 1934 to 2004, relocated to Chicago. The former school site is now developed as single family homes. Similarly, National Louis University, which formerly had its main campus located in Evanston, opened a new main campus in Chicago as well as a campus in Skokie, closing its Evanston location in 2006. Memorandum 639 of 793 2 Northwestern University’s currently has 4,111 parking spaces on the main campus where it is required by the current Zoning Ordinance to have 4,096 parking spaces. The City and Northwestern are working on a project to replace the City’s existing water reservoir at the intersection of Lincoln Street and Campus Drive. The current reservoir has surface parking above it, which will not be allowed to remain once it is rebuilt resulting in a loss of approximately 140 parking spaces. Instead of applying for parking variations to accommodate this and future projects, the City and Northwestern have applied for a Text Amendment. Northwestern University restricts the number of on-campus parking permits by prohibiting the issuance of permits to freshmen, sophomores, juniors, and any students or staff living within the “Walking Zone” between Central Street on the north and Lake Street to the south, and Sheridan Road to the east and Ridge Avenue/Metra Tracks to the West. Additionally, the University promotes the use of alternate modes of transportation; with 3 Divvy bike share stations on or adjacent to campus in addition to car sharing parking spaces. The City has also recently upgraded the bicycle infrastructure in the area including new two-way protected bike lanes on Chicago Avenue and Sheridan Road. Ridesharing data also indicates that some of the top destinations for Uber and Lyft are found on Northwestern’s Campus. Northwestern has also recently built the South Visitors Center Structure, 435 spaces, and the North Campus Structure, 1,125 spaces. The North Campus Structure was engineered to accommodate two additional parking levels, 476 spaces, if ever needed in the future. A Commuting Modes Survey conducted in November 2016 by SustainNU showed the following commuting patterns to and from campus for Students (24% Walk, 16% Bicycle, 10% Shuttle, 10% Public Bus, 25% Public Train and 10% Drive) and Faculty and Staff (8% Walk, 10% Bicycle, 5% Shuttle, 5% Public Bus, 22% Public Train and 45% Drive). A study conducted in December 2015 showed that parking utilization rates at peak hours of the then 4,240 spaces was 73% at 1:00 p.m. and 38% at 8:00 a.m. meaning that there was a surplus of 1,161 spaces during peak utilization. The new structures mentioned above were complete and taken into consideration for this study. Currently, 492 students who live in fraternities and sororities and dormitories are eligible, as seniors or graduate students, to receive campus parking permits. Only 30 of these students have parking permits, 14 of which are graduate students and 16 are undergraduate students. The ratio of students who have parking permits to those who are eligible to obtain parking permits is approximately 1 to 16, where the required parking ratio in the current ordinance is 1 to 5 and the proposed reduced ratio is 1 to 10. Proposal Overview Staff is proposing to adjust the parking requirements for dormitories and fraternity and sorority houses. Specifically staff will amend the zoning ordinance as described below: 640 of 793 3 Section 6-16 Table 16-B Schedule of Minimum Off-Street Parking Requirements College/university institutions: College/university, general 1 parking space for each 3 faculty and staff members and other employees, plus 1 additional parking space for each 15 students enrolled. For the purposes of this requirement "college/university" shall include library - college/university, auditorium/theater - college/university, student union - college/university and chapel - college/university Gymnasium/sports arena Parking spaces equal to 10 percent of designed seating capacity Exhibit hall Parking spaces equal to 10 percent of designed capacity of the main assembly area Fraternity and sorority 1 parking space for each 510 residents, plus 1 parking space for each 3 full time employees Dormitory 1 parking space for each 510 residents, plus 1 parking space for each 3 full time employees The proposed text amendment still requires more than the 1 to 16 ratio of students with parking permits to those eligible to obtain parking permits. The proposed amendment would reduce the total required parking spaces on Northwestern University’s campus from 4,096 to approximately 3,493 and bring it more in line with above demonstrated demand and allow for future construction on campus without the need to obtain a variance for each project. Legislative History February 21, 2018 – The Plan Commission voted, 9-0, to recommend approval of the proposed text amendment. Attachments Ordinance 41-O-18 Link to Plan Commission Packet for 2/21/2018 Approved Plan Commission Minutes for the 2/21/2018 Meeting 641 of 793 3/1/2018 41-O-18 AN ORDINANCE Amending Table 16-B of Title 6, Chapter 16 of the Evanston City Code, “Schedule of Minimum Off Street Parking Requirements ” NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT: SECTION 1: The requirements for “Fraternity and Sorority” in Table 16-B of Title 6, Chapter 16 of the Evanston City Code of 2012, as amended, is hereby further amended as follows: Fraternity and sorority 1 parking space for each 510 residents, plus 1 parking space for each 3 full time employees SECTION 2: The requirements for “Dormitory” in Table 16-B of Title 6, Chapter 16 of the Evanston City Code of 2012, as amended, is hereby further amended as follows: Dormitory 1 parking space for each 510 residents, plus 1 parking space for each 3 full time employees 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 642 of 793 41-O-18 2 without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: 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 6: Ordinance 41-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 643 of 793 APPROVED Page 1 of 5 Plan Commission Minutes 2/21/18 MEETING MINUTES PLAN COMMISSION Wednesday, February 21, 2018 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, James C. Lytle Council Chambers Members Present: Colby Lewis (Chair), Simon Belisle, Patrick Brown, Terri Dubin, Carol Goddard, George Halik, Peter Isaac, Andrew Pigozzi, Jolene Saul Members Absent: Staff Present: Meagan Jones, Neighborhood and Land Use Planner Scott Mangum, Planning and Zoning Administrator Erika Storlie, Assistant City Manager/Acting Director of Community Development 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: November 29, 2017 and December 6, 2017 Commissioner Goddard made a motion to approve the minutes from December 6, 2017. Commissioner Belisle seconded the motion. A voice vote was taken and the minutes were unanimously approved, 9-0. Commissioner Dubin made a motion to approve the minutes from November 29, 2017. Commissioner Goddard seconded the motion. A voice vote was taken and the minutes were unanimously approved, 9-0. 3. NEW BUSINESS A. TEXT AMENDMENT 18PLND- 0004 College/University Parking Requirements A Zoning Ordinance Text Amendment pursuant to City Code Title 6, Zoning to amend Chapter 16 of the Zoning Ordinance to modify parking requirements for College/University Institutions. Ms. Jones provided a brief background on the current parking regulations for 644 of 793 APPROVED Page 2 of 5 Plan Commission Minutes 2/21/18 College/University Institutions noting that two Institutions which were open at the time of the adoption of the regulations, Kendall College and National Louis University, no longer had campuses in Evanston. She provided information on the current amount of parking provided by Northwestern and the number of parking permits issued to students living in dormitories and fraternity/sorority houses. She also stated that the City and Northwestern University are co-applicants for the proposed text amendment. Questions from the Commission: ● Whether or not the parking requirement takes event space parking into consideration. Mr. Mangum stated that the amendment specifically addresses the dormitory and fraternity/sorority house uses but that the overall parking requirements take event spaces into consideration. There is parking available on campus for public use that does not require a permit during certain times of day. ● Why file the application jointly? Mr. Mangum stated that the reason for the amendment is the work being done on the City reservoir requires the removal of parking spaces above the new reservoir and that instead of having Northwestern University come in for variance requests for that and future projects on campus, the text amendment was suggested. ● How many parking spaces would be required after the text amendment should it be approved and could the University reduce parking in other locations on campus? Mr. Mangum stated that 3,493 would be the number of required parking spaces and that it is possible that parking is reduced in other parts of campus. ● Clarification on the timing of the 2015 study provided and the opening of new garages on campus. Mr. John D’Angelo clarified that at the time of the 2015 study the two newest parking garages on the north and south ends of the campus were open and taken into account. ● Whether or not the “projected” amount of parking needed includes faculty and students within the building as part of new construction. Mr. D’Angelo confirmed that faculty and students are included in the projected amount of required parking. ● Double counting of students is still not fully reduced for residents of dormitories, fraternities and sororities. What will prevent Northwestern from coming back for further reduction? Ms. Storlie stated that the impetus for the text amendment is the work the City must complete on the City Reservoir and the loss of parking spaces. Northwestern University did not approach the City for the proposed amendment. She also stated that there is no evidence that the double counting is a problem and does not anticipate Northwestern University coming in for further required parking reductions. Commissioner Goddard made a motion to recommend approval of the proposed text amendment. Commissioner Belisle seconded the motion. 645 of 793 APPROVED Page 3 of 5 Plan Commission Minutes 2/21/18 A roll call vote was taken and the motion was approved, 9-0. Ayes: Belisle, Brown, Dubin, Goddard, Halik, Isaac, Lewis, Pigozzi, Saul. Nays: None B. TEXT AMENDMENT 18PLND- 0011 Porch Regulations A Zoning Ordinance Text Amendment pursuant to City Code Title 6, Zoni ng to amend City Code Section 6-4-1-9, Yards, and City Code Section 6-18-3, Definitions, to modify regulations pertaining to porches. Mr. Mangum provided background and reasons for the proposed text amendment including a large number of requested variances due to the lack of usable porch space permitted by the current regulations. Two options were provided: the first to permit a front porch depth that extends a maximum of 25% into the required front yard setback, and the second to permit a porch depth of 6 feet, provided that a minimum 10 foot front yard setback is provided. Questions from the Commission: ● Whether or not the proposed amendment would apply to new construction or additions. The proposed amendment would apply to any new construction affecting front yard setbacks. ● How is porch use regulated? If a porch space is enclosed and is used as interior living space then these regulations would not apply to that space. ● 6 feet, while reasonable for a front porch, may be limiting in a large front yard. Discussion followed starting with a suggestion of combining the two amendment options to fully address functionality of porches in yards of varying sizes. ● Clarification on how setbacks are managed when there are varying existing front yard setbacks, or a zig-zag effect, within a block. Mr. Mangum stated that an average of existing front yard setbacks is taken to determine required setbacks for new construction or additions. Discussion followed with comments regarding the desired outcome. ● Clarification on depth needed for ADA accessibility and suggestion that the porch be at least that depth. If a ramp were needed that would be a similar regulation to allowing steps projecting into a setback. Discussion continued regarding preferences for the text amendment and emphasis that the required setback is a minimum, allowing the property owner to still have some flexibility. Clarification on whether or not nonconforming porches would be affected was provided, specifically, if a porch is damaged or destroyed outside of the 646 of 793 APPROVED Page 4 of 5 Plan Commission Minutes 2/21/18 property owner’s control, it could be replaced within a year. Commissioner Isaac made a motion to recommend that the amendment be revised so that front porches must maintain a minimum ten foot front yard setback and may be the greater of six feet in depth or 25% of the depth of the required front yard. Commissioner Belisle seconded the motion. A roll call vote was taken and the motion was approved, 9-0. Ayes: Belisle, Brown, Dubin, Goddard, Halik, Isaac, Lewis, Pigozzi, Saul. Nays: None 4. OTHER BUSINESS A. MODIFICATIONS TO ADMINISTRATIVE RULES AND PROCEDURES OF THE PLAN COMMISSION Ms. Jones provided a brief summary of the edits being proposed by staff for the Administrative Rules and Procedures. These consisted of: minor grammatical edits, changes to the attendance requirements, changes to language regarding review of the City’s Capital Improvement Program (CIP), elimination of Associated Members, and the elimination of leaseholders being able to request a continuance at public hearings (consistent with City code) among other items. Discussion followed with Commission questions and comments as follows: ● Concern that deleting the CIP review would remove an opportunity for public comment. Mr. Mangum responded that there are other opportunities for the public to provide feedback on the CIP, specifically at City Council or Administration and Public Works Committee. It was suggested to take out reference to the CIP but keep the remaining language as it refers to other City plans. ● Displeasure with the language attendance requirement vote. Suggestion to remove that portion of the revised language but keep the reduction in missed meetings triggering action at the Chair’s discretion. ● Confirmation that there are currently no Associate Members. ● Confirmation regarding the necessity of holding a position on a subcommittee or being a liaison. Commissioner Isaac made a motion to revise the proposed amendment to Article IV(E) to read “The chair shall notify the Mayor when a member of the Commission has failed to attend meetings during a consecutive three (3) months, or six (6) times during a consecutive twelve (12) months, unless the chair shall determine that the failure to attend was for a good cause.” Commissioner Saul seconded the motion. The Commission voted, 9-0, to adopt the revised amendment regarding 647 of 793 APPROVED Page 5 of 5 Plan Commission Minutes 2/21/18 Commissioner attendance. Commissioner Isaac made a motion to revise the proposed amendment to Article III to remove reference to CIP review and read “To study, review and prepare recommendations on plans and proposals of other departments of the City government which relate to the implementation of the Comprehensive General Plan.” Commissioner Goddard seconded the motion. The Commission voted, 8 -1, to approve the revised amendment regarding CIP and plan review. Commissioner Belisle made a motion to approve the remaining suggested amendments as presented by staff. Commissioner Isaac seconded the motion. The Commission voted, 9-0, to approve the remaining suggested amendments as presented by staff. B. APPOINTMENTS OF LIAISONS AND ZONING COMMITTEE MEMBERS Chair Lewis listed the Commissioners who acted as liaisons for various Boards and Committees and asked if there were any proposed changes. A brief discussion followed. The following appointments were made: Zoning Committee- Dubin, Saul (Chair), Goddard, Belisle, Isaac; Comprehensive Plan Committee- Dubin (Chair), Lewis, Piggozi, Brown, Halik; Rules Committee- Lewis, Isaac, Goddard (Chair); Economic Development Committee – Pigozzi; Planning & Development Committee – Lewis; Housing & Community Development Act Committee – Goddard; Transportation and Parking Committee – Dubin; (Public Place Names Committee and ADA Advisory Committee have been eliminated). 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 9-0. The meeting was adjourned at 8:34 pm. Respectfully Submitted, Meagan Jones Neighborhood and Land Use Planner Community Development Department 648 of 793 For City Council meeting of September 17, 2018 Items P4-P5 Ordinance 105-O-18, Text Amendment – Creating Brew Pubs Ordinance 108-O-18, Special Uses and Major Zoning Relief for 2119-2125 Ashland For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Johanna Leonard, Director of Community Development Scott Mangum, Planning and Zoning Administrator Michael Griffith, Development Planner Torrance Gardner, Intern Subject: Ordinances 105-O-18 and 108-O-18 Zoning Ordinance Text Amendment, Special Use-Major Zoning Relief 2119-2125 Ashland Avenue 18PLND-0064 Date: September 11, 2018 Recommended Action: The Plan Commission and staff recommend approval of Ordinance 105-O-18 authorizing Zoning Ordinance Text Amendments to alcohol producing uses that include allowing Brew Pubs as a Special Use in the MXE Mixed-Use Employment District. The Zoning Board of Appeals and staff recommend approval of Ordinance 108-O-18 authorizing Special Uses for a Banquet Hall and Brew Pub and Major Zoning Variations for a 0’ front yard setback where 10’ is required, a 0’ interior side yard setback where 5’ is required, a 0’ rear yard setback where 5’ is required, and to eliminate 1 required short loading dock. Livability Benefits: Economy and Jobs: Retain and Expand Local Businesses, Expand Job Opportunities Background: The applicant proposes to create a location that includes three different concepts: Brew Pub, event space (Banquet Hall) and an area to display classic cars. The Brew Pub will include a full service bar, full service restaurant and will serve the beer that is brewed on-premises. The applicant envisions the different spaces to be used separately and together, depending on the occasion. Memorandum 649 of 793 2 Property location and surrounding zoning. Subject property marked with hash lines and red dot. Analysis: The subject property, 2119-2125 Ashland Avenue, is located on the east side of Ashland Avenue between Payne Street to the north and Simpson Street to the south. The property contains a 1 and 2-story commercial building with surface parking adjacent to the building at the south end of the property. The property is 147.1’ wide and 146.0’ deep, 21,426 square feet. The property has frontage and access to Ashland, along with access to an alley along the east rear property line. The building was formerly occupied by CrossFit e-town. The surrounding area is a mix of residential, commercial, light industrial and religious institutional uses. Proposal: Text Amendment: The applicant is requesting approval of a Text Amendment to allow Brew Pubs in the MXE Mixed-Use Employment District. Currently, a Craft-brewery is a permitted use in the MXE District, but the definition of a Craft-brewery specifically does not include a restaurant. A Type-1 or a Type-2 Restaurant is neither a permitted use nor a special use in the MXE District. When looking at similar uses allowed in the zoning code, both Craft-brewery and Craft- distillery or micro-distillery uses are permitted uses in the MXE District, with separate but similar definitions. Where allowed, these uses are treated the same. In addition to the applicant’s requested Text Amendment, staff and the Plan Commission recommend several modifications to alcohol producing uses: 650 of 793 3 1. Creating a new use, Brew Pub, which includes a Type 1 Restaurant and accessory production facilities. 2. Allowing Brew Pubs in the same zoning districts where Type-1 Restaurants are allowed, in addition to allowing them in the MXE, MUE and MU Districts as special uses. 3. Combining both Craft-brewery and Craft-distillery or Micro-Distillery uses into one use category, Craft Alcohol Production Facility, with one definition which includes beer, wine and other alcohol production and no change to the districts where they are allowed. 4. Allowing a Type-1 Restaurant as an accessory use to Craft Alcohol Production Facility. Existing Definitions Craft-Brewery A commercial facility that: (1) produces fermented malt beverages on site in quantities compliant with all applicable local, state, and federal regulations; and (2) includes an accessory tasting room in zoning districts where the facility is a Special Use. Product sampling or retail sale as may be defined and regulated by Title 3, Chapter 4 of the City Code at the facility allows customers to taste samples of products manufactured on-site and purchase related sales items. Any sale of alcohol in the tasting room or otherwise in the facility which is manufactured outside the facility is prohibited. A craft- brewery does not include restaurants with accessory brewing facilities. Craft-Distillery or Micro- Distillery A facility that: (1) produces alcoholic beverages in quantities compliant with all applicable local, state, and federal regulations; and (2) includes an accessory tasting room in zoning districts where the facility is a Special Use. A tasting room allows customers to taste samples of products manufactured on-site and purchase related sales items. Sales of alcohols manufactured outside the facility are prohibited. Restaurant, Type -1 An establishment in which the principal use is the service of prepared food and beverages for consumption on the premises. All service of prepared food and beverages for consumption on the premises shall require customers to order at a table, booth, or dining counter with service by a waiter or waitress at said table, booth, or dining counter and shall also require the use of reusable (nondisposable) flatware and dishware. Drive-through facilities are prohibited. Proposed Definitions Craft Alcohol Production Facility A commercial facility that: (1) produces beer, wine, or other alcoholic liquor in quantities complaint with all applicable local, state, and federal regulations; and (2) includes an accessory tasting room in zoning districts where the facility is a Special Use. A tasting room is only permitted to allow customers to taste samples of products manufactured on-site and purchase related sales items. Sale of alcohols manufactured off-site are prohibited. A Craft Alcohol Production Facility may have a Type 1 Restaurant as an accessory use. Brew pub An establishment in which the principal use is a Type 1 Restaurant that also brews or produces wine, beer, or any other alcoholic liquor as an accessory use on-site, either for on-site consumption or off-site consumption in containers that are sealed on- premises and compliant with all applicable local, state, and federal regulations. 651 of 793 4 District Craft- brewery Craft-distillery or micro-distillery Craft Alcohol Production Facility Restaurant – Type 1 Brew Pub B1 S S S P P B2 S S S P P B3 S S S P P B1a S S S P P C1 S S S P P C1a S S S P P C2 S S S P P D1 S S S P P D2 S S S P P D3 S S S P P D4 S S S P P MXE P P P S S MU P P P S S MUE P P P S S RP S S S P P I1 P P P P P I2 P P P S S I3 P P P S S Language to be removed noted as stricken, proposed language underlined (and shaded in table). The parking standards for Type-1 Restaurants will also apply to Brew Pubs, which is how they have previously been applied. Parking standards for Light Manufacturing and Type-1 Restaurant are to be applied to Craft Alcohol Production Facility based on the components of the respective floor plans. 652 of 793 5 The following similar uses/businesses currently exist in Evanston: Business Name Address Zoning Classification Evanston Liquor State Liquor Peckish Pig 623 Howard St Type-1 restaurant with accessory brewing (B3) Class J (Brew Pub) 1C - Brew Pub Smylie Bros Restaurant and Brewery 1615 Oak Ave Type-1 restaurant with accessory brewing (D2) Class J (Brew Pub) 1C - Brew Pub Few Spirits 918 Chicago Ave Special use for micro- distillery (C1a) Class P (Craft Distillery) 3X - Craft Distiller Sketchbook Brewing Co. 821 Chicago Ave Special use for craft brewery (C1a) Class P2 (Craft Brewery) 3C - Brewer/3Y - Class 1 Brewer Temperance Beer Company 2000 Dempster St Micro-brewery with tap room (I2) Class P2 (Craft Brewery) 3C - Brewer North Shore Cider Company 707 Howard St Special use for a micro- brewer (cider) (B3) Class P3 (Craft Winery) 1E - Wine Maker's Retailer/3F - 1St Class Wine Maker Brew pub: Assuming the text amendment to allow Brew Pubs as a special use in the MXE district is approved, the applicant has provided the following information concerning the brew pub: Food Service: Lunch and dinner prepared and served on-site. Hours of operation: Monday through Thursday: 11:00 am to 12:00 am Friday and Saturday: 11:00 am to 1:00 am Number of employees: Approximately 4-10. Seating: Up to 100. Deliveries: Daily delivery of supplies, during normal business hours, via the alley, by box truck. The brewery is set up and intended for on-site consumption related to the Brew Pub and Banquet Hall. Off-site consumption is anticipated to be less than 10% of beer brewed. The brewing will take place in the proposed addition at the northeast corner of the building, next to the alley, with fermenting and serving tanks located throughout the space to create the feel of a brewery. The bump out shown on the south building elevation and rendering does not match the 2nd floor plan. The drawings will need to be corrected prior to review by DAPR which is required before a building permit is issued. The second floor bump out does not appear to have an impact on any zoning requirements. Banquet Hall: The applicant requests to operate a Banquet Hall. As noted earlier in the memo, the banquet space may be used with the Brew Pub and classic car display area or separately. 653 of 793 6 The applicant has provided the following information regarding the banquet hall use: Food service: Catered by others. Hours: Monday through Thursday: 11:00 am to 12:00 am Friday and Saturday: 11:00 am to 1:00 am Employees/staff: Approximately 10-30. Parking: Valet or self-parking at off-site locations. While the site plan shows they will be compliant with the required amount of off- street parking, the applicant states they plan to reach agreements to allow event attendees to park in nearby parking lots owned by others. Events per month: 2-5 events, upon booking. Size of Events: 20-300 people attending. Seating: Removable seats in the event space as needed. Event Types: Weddings, corporate events, family gatherings, beer tastings, community events, and gourmet sit down dinners with beer pairings (shall work in conjunction with local executive chefs). Site Plan and 1st Floor plan The site plan shows 29 parking spaces, accessed from Ashland Avenue, where 21 spaces are required. Two of these spaces are handicapped accessible. To determine required parking, the standard for “cultural facilities (not including college/university 654 of 793 7 facilities)” was used: 1 space/2 employees + 1 space/10 fixed seats + 1 space/500 gross sq. ft. because the ordinance is silent for a Banquet Hall use and this standard was most similar to the proposed project. The number required based on number of employees is based on 11-13 employees for events. Major Zoning Relief: The applicant proposes to construct 1-story additions at the front and rear of the northern portion of the building. The building is currently non-conforming concerning required front yard and north interior side yard. Given the proposed gross floor area of 11,325.4 sq. ft., 1 short loading dock is required. The applicant is not proposing a loading dock. The following variations are requested: Standard Existing Proposed Front yard setback 10 ft. 0 ft. 0 ft. North interior side yard setback 5 ft. 0 ft. 0 ft. Rear yard setback 5 ft. 12.5 ft. 0 ft. Loading dock – Cultural Facility 1 short / 10,000-20,000 gross floor area 10 ft. x 35 ft. 14 ft. vertical clearance 1 short none The existing front yard and north interior side yard setbacks are non-conforming. The proposed front and rear additions will align with the existing building at the front and north side. However, the proposed rear addition will extend the building closer to the rear property line than the current condition; the current setback is 12.5’, where 0’ is proposed. The proposed setbacks are generally consistent with the industrial buildings within the immediate area. One short loading dock is required based on the gross floor area. Currently, there is one short loading dock and two overhead doors off the alley. The applicant is requesting to eliminate the loading dock, which is where the rear addition will be located. The applicant described daily delivery of supplies, during normal business hours, via the alley, by box trucks. The applicant should confirm how many daily deliveries are anticipated. 655 of 793 8 Building Elevation Rendering Comprehensive Plan: The Evanston Comprehensive General Plan encourages the adaptive reuse of existing structures and vacant, blighted properties. The Comprehensive Plan also recognizes the importance of cohesive and mutually beneficial mixed-use areas that feature residences as well as neighborhood business. The Comprehensive Plan specifically includes: General Lane Use: The subject property is in an area designated as an industrial area where expansion or adaptive-reuse may occur; employment retention is encouraged, Map 2. Objective: Promote the growth and redevelopment of business in existing commercial and mixed-use locations that would benefit from redevelopment. The proposed brew pub and banquet hall will occupy a currently vacant structure, with façade changes proposed to improve the aesthetics of the property, and will provide an active use within the neighborhood. Legislative History: August 8, 2018 - Combined Plan Commission and Zoning Board of Appeals meeting. The Plan Commission recommended approval of the proposed text amendment with the following changes which are reflected in Ordinance 105-O-18: 1. Brew Pub Definition: Reference to “hand-capped, sealed containers” should be revised to read on-premises sealed containers. 2. Type-1 Restaurants: List as Special Uses in the MXE, MUE and MU Districts. 656 of 793 9 The Zoning Board of Appeals recommended approval of the special uses and major variations as presented, and assuming approval of the proposed text amendment, with the following conditions: 1. Employees shall park off-site and not on street. 2. Hours of operation shall be limited to 11am-10pm weekdays, and 11am- 1am on weekends, and special events should be no later than 1am. 3. Formal agreements for off-site parking as needed. 4. Compliance with sustainability practices per City regulations. 5. Noise abatement considered in additions so noise does not carry through neighborhood. 6. Coordinate with businesses on alley to maintain alley on a yearly basis as needed. 7. Designated smoking area to be monitored by staff not to be a nuisance. Attachments: Proposed Ordinances 105-O-18 and 108-O-18 Plan Commission Findings for Text Amendment ZBA Findings for Special Use Standards ZBA Findings for Major Variation Standards Combined Plan Commission and Zoning Board of Appeals Meeting Minutes Excerpt - August 8, 2018 Link to Combined Plan Commission and Zoning Board of Appeals Packet - August 8, 2018: https://www.cityofevanston.org/home/showdocument?id=42671 657 of 793 658 of 793 659 of 793 660 of 793 661 of 793 662 of 793 663 of 793 664 of 793 665 of 793 666 of 793 667 of 793 668 of 793 669 of 793 670 of 793 671 of 793 672 of 793 673 of 793 674 of 793 675 of 793 676 of 793 677 of 793 678 of 793 679 of 793 680 of 793 681 of 793 682 of 793 683 of 793 684 of 793 685 of 793 686 of 793 687 of 793 688 of 793 689 of 793 690 of 793 691 of 793 692 of 793 693 of 793 694 of 793 695 of 793 696 of 793 697 of 793 698 of 793 699 of 793 700 of 793 701 of 793 702 of 793 703 of 793 704 of 793 705 of 793 706 of 793 707 of 793 708 of 793 709 of 793 710 of 793 711 of 793 712 of 793 713 of 793 714 of 793 715 of 793 716 of 793 717 of 793 718 of 793 719 of 793 720 of 793 721 of 793 722 of 793 723 of 793 724 of 793 Memorandum To: Mayor and Members of the City Council Planning & Development Committee From: Johanna Leonard Community Development Director Scott Mangum, Planning and Zoning Administrator Cindy Plante, Economic Development Coordinator Subject: Ordinance 103-O-18 Granting a Special Use for a Type 2 Restaurant, Backlot Coffee at 2004 Central Street. Date: September 14, 2018 Recommended Action The Zoning Board of Appeals and City Staff recommend adoption of Ordinance 103-O- 18 granting a special use approval for a Type 2 Restaurant, Backlot Coffee in the B1a Business District and oCSC Central Street Overlay District. The applicant has complied with all zoning requirements, and meets all of the standards of a special use for this district. Alderman Revelle recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council. Livability Benefits: Economy & Jobs: Expand job opportunities Built Environment: Enhance public spaces Summary: Applicant John Kim, proposes to expand Backlot Coffee from its current footprint at 2006 Central into the adjacent storefront at 2004 Central Street. The proposed expansion will double the amount of available seating from 30 to 60 and allow for an expanded menu of baked goods and ready-to-eat foods prepared on site. Staffing currently consists of 2-3 employees in the shop at any given time; 3-4 additional employees will be needed after expansion. Employees will be encouraged to walk, bike or use transit. Deliveries will continue to be made at the rear of the building. City staff is not aware of any objections to the proposal. For City Council meeting of September 17, 2018 Item P6 Ordinance 103-O-18 Application for a Special Use for a Type 2 Restaurant at 2004 Central St. For Introduction and Action 725 of 793 Comprehensive Plan: The Evanston Comprehensive General Plan encourages the utilization of vacant storefronts along existing commercial corridors that can add sales tax revenue and encourage economic vitality. The Comprehensive Plan specifically includes: Objective: Promote the growth and redevelopment of business, commercial, and industrial areas. Objective: Retain and attract businesses in order to strengthen Evanston’s economic base. The Backlot expansion will use a currently vacant commercial space to grow a locally owned and operated business and bring additional foot traffic to the Central Street business district. Legislative History: August 28, 2018: the ZBA recommended unanimous approval of the special use for a Type 2 Restaurant, Backlot Coffee with the same conditions as the special use for the existing shop at 2004 Central: 1. Hours of operation not to exceed 6am-10pm, seven days a week. 2. Employees shall not park on the street. 3. Sustainability Plan must be followed. 4. Substantial compliance with the documents and testimony on record. Attachments Ordinance 103-O-18 August 28, 2018 ZBA Draft Meeting Minutes Excerpt ZBA Findings August 28, 2018 ZBA Packet 726 of 793 9/4/2018 103-O-18 AN ORDINANCE Granting a Special Use Permit for a Type 2 Restaurant Located at 2004 Central Street in the B1a Business District and the oCSC Central Street Overlay District (“Backlot Coffee”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on August 8, 2018 and August 28, 2018, pursuant to proper notice, to consider case no. 18ZMJV-0065, an application filed by John Kim (the “Applicant”), property owner of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 2004 Central Street (the “Subject Property”) and located in the B1a Business District and oCSC Central Street Overlay District, for a Special Use Permit to establish, pursuant to Subsection 6-9-5-3 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a Type 2 Restaurant, “Backlot Coffee,” on the Subject Property; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and written findings that the application for a Special Use Permit for a Type 2 Restaurant met the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of September 17, 2018, the Planning and Development Committee of the City Council (“P&D Committee”) considered the ZBA’s record and findings and recommended the City Council accept the ZBA’s recommendation and approve the application in case no. 18ZMJV-0065; and 727 of 793 103-O-18 ~2~ WHEREAS, at its meeting of September 17, 2018, 2018, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, as amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Type 2 Restaurant on the Subject Property as applied for in case no. 18ZMJV- 0065. SECTION 3: Pursuant to Subsection 6-9-5-3 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant’s Special Use Permit, violation of any of which shall constitute grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-5 of the Zoning Ordinance: A. Compliance with Applicable Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with: all applicable legislation; the Applicant’s testimony and representations to the ZBA, the P&D Committee, and the City Council; and the approved plans and documents on file in this case, including but not limited to: the Sustainability Practices for Type 2 Restaurants submitted by the Applicant dated July 5, 2018. B. Hours of Operation: The Applicant may operate the Type 2 Restaurant authorized by this ordinance only between the hours of 6:00 a.m. and 10:00 p.m. on any given day. C. Employee Parking: Employees may not utilize metered street parking surrounding the Subject Property during the hours of operation. D. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. 728 of 793 103-O-18 ~3~ SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: 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 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced: _________________, 2018 Adopted: ___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 729 of 793 103-O-18 ~4~ EXHIBIT A LEGAL DESCRIPTION THE EAST 20.62 FEET OF LOT 11 IN BLOCK 18 IN NORTH EVANSTON, IN SECTION 12, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. PIN: 10-12-103-030-0000 COMMONLY KNOWN AS: 2004 Central Street, Evanston, Illinois. 730 of 793 Page 1 of 2 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, August 28, 2018 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Lisa Dziekan, Violetta Cullen, Mary Beth Berns, Myrna Arevalo , Scott Gingold Members Absent: Mary McAuley, Kiril Mirintchev Staff Present: Scott Mangum, Melissa Klotz Presiding Member: Mary Beth Berns Declaration of Quorum With a quorum present, Chair Berns called the meeting to order at 7:04 p.m. Minutes Ms. Cullen motioned to approve the meeting minutes of the Joint Meeting with the Plan Commission, and the ZBA hearing of August 8, 2018, which were seconded by Ms. Arevalo and approved 4-0, with one abstention. Old Business 2004 Central St. 18ZMJV-0065 John Kim, property owner, applies for a special use permit to expand a Type 2 Restaurant, Backlot Coffee, from 2006 Central St. to include 2004 Central St. in the B1a Business District and oCSC Central Street Overlay District (Zoning Code Section 6-9-5- 3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. John Kim, operator, explained the proposal: Want to expand existing business into the space next door. Will add more seating (from approximately 30 to 60 seats). The expansion will allow some baked items to be made in-house, and some other ready-to-go foods will be added to the menu. Will add a doorway between the two spaces to combine them. No black-iron ventilation is needed. Deliveries to the restaurant occur daily during business hours. Deliveries will be less frequent than they are currently since the kitchen will produce more items. Ok with all conditions listed in 2006 Central special use ordinance. Plan to add a deck behind 2006 Central that will be constructed as part of the buildout of 2004 space for outdoor dining. Deliberation: 731 of 793 Page 2 of 2 Zoning Board of Appeals Ms. Dziekan asked if staff prefers outdoor seating along sidewalks to encourage active frontages, and Mr. Mangum responded storefront windows are encouraged as active uses, and outdoor seating is desirable where there is enough space. Standards: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Mr. Gingold motioned to recommend approval with the conditions listed within the 2006 Central St. special use ordinance, which was seconded by Ms. Arevalo and recommended for unanimous approval. 732 of 793 P LANNING AND Z ONING D IVISION 847-448-8230 zoning@cityofevanston.org Community Development Department www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3202 Evanston, IL 60201 FF II NN DD II NN GG SS FOR STANDARDS OF SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS In the case of After conducting a public hearing on August 28, 2018, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearings, based upon the standards for special uses specified in Section 6-3-5-10 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 5-0 (B) It is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance as amended from time to time; ___X___Met _____Not Met Vote 5-0 (C) It will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use upon the city as a whole; ___X___Met ____Not Met Vote 5-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met ____Not Met Vote 5-0 (E) It can be adequately served by public facilities and services ___X___Met ____Not Met Vote 5-0 Case Number: 18ZMJV-0065 Address or Location: 2004 Central St. Applicant: John Kim, Property Owner Proposed Special Use: Type 2 Restaurant expansion, Backlot Coffee 733 of 793 P LANNING AND Z ONING D IVISION 847-448-8230 zoning@cityofevanston.org Community Development Department www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3202 Evanston, IL 60201 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 5-0 (G) It preserves significant historical and architectural resources; ___X__Met _____Not Met Vote 5-0 (H) It preserves significant natural and environmental features; and ___ __Met _____Not Met n/a (I) It complies with all other applicable regulations of the district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the grant of a variation. ___X___Met _____Not Met Vote 5-0 and based upon these findings, and upon a vote __5__ in favor & __0__ against Recommends to the City Council _____ approval without conditions __ __ denial of the proposed special use with conditions: __X__ approval with conditions: 1) Hours of operation of 6 a.m. to 10 p.m. 2) Employees prohibited from using metered street parking. 3) Deliveries shall occur in the rear. 4) Substantial compliance with documents and testimony on record, including Sustainability Practices for Type 2 Restaurants. Attending: Vote: Aye No ___X__ Mary Beth Berns __X__ ___ ___X___ Myrna Arevalo __X__ _ __ ___X___ Scott Gingold __X__ ___ ___X___ Violetta Cullen __X__ _ __ ___X___ Lisa Dziekan __X__ _ __ ___ ___ Mary McAuley __ __ _ __ _______ Kiril Mirintchev _____ _ __ 734 of 793 For City Council meeting of September 17, 2018 Item P7 Ordinance 104-O-18, Special Use and Zoning Relief to Expand a Daycare Center – Child, Infant Welfare Society of Evanston, at 2200 Main St. For Introduction & Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Johanna Leonard, Director of Community Development Scott Mangum, Planning and Zoning Administrator Melissa Klotz, Zoning Planner Subject: Ordinance 104-O-18, Granting a Special Use and Zoning Relief to Expand a Daycare Center - Child, at 2200 Main Street Date: September 5, 2018 Recommended Action The Zoning Board of Appeals and City staff recommend adoption of Ordinance 104-O- 18 granting special use approval to expand a Daycare Center – Child, the Infant Welfare Society of Evanston, and zoning relief for a one-story addition with a 6.1’ west interior side yard setback where 15’ is required, at 2200 Main St. in the R2 Single Family Residential District. The applicant has complied with all zoning requirements and meets all of the standards for a special use for this district. Alderman Braithwaite recommends suspension of the rules for Introduction and Action at the September 17, 2018 City Council. Livability Benefits Equity & Empowerment: Support quality human service programs Education, Arts & Community: Promote a cohesive and connected community Community Development Block Grant The Infant Welfare Society of Evanston (IWSE) was recently awarded $75,250 in Community Development Block Grant funding to convert existing outdoor play area into an indoor gross motor play space at the Baby Toddler Nursery (BTN) at 2200 Main Street. BTN is located in the City's Neighborhood Revitalization Strategy Area, which is prioritized for CDBG investment, and serves 70 children, age 6 weeks to 5 years old, annually; 80% of the children and families enrolled in BTN’s program are low and moderate income. IWSE provides full-day childcare, early education and family support services and receives funding for low income and special needs children including Early Head Start and Preschool for All. Memorandum 735 of 793 Summary 2200 Main St. has operated as the Infant Welfare Society of Evanston, a Daycare Center – Child, for over 40 years. The applicant proposes to enclose an outdoor play area with a one-story addition, which is considered an increase in intensity, so a new special use permit for a Daycare Center – Child is required. In addition to the special use permit, zoning relief is needed for a 6.1’ west interior side yard setback where 15’ is required for non-residential structures. The required 15’ interior side yard setback for non-residential structures is intended to provide a buffer between incompatible non-residential uses that are surrounded by residences. The requested zoning relief for a 6.1’ setback is adjacent to Pitner Alley, followed by commercial and industrial uses to the west of the alley, therefore there is no additional impact to neighboring properties. The proposed addition will not change the use, nor will it cause any increase in number of children or employees. The addition increases the building lot coverage to a compliant 39.3% in the R2 District, and does not increase the legally-nonconforming 71.8% impervious surface coverage since it is proposed in place of the current impervious deck. Since the addition does not increase the number of children, there is no additional parking requirement. The addition is necessary to provide an indoor open play space for gross motor skills while maintaining the size of adjacent classrooms so that the number of children does not need to be reduced. Since the number of children and staff will not be impacted by this proposal, there is no additional impact on the surrounding neighborhood. Staff is aware of concerns related to staff parking in the residential neighborhood on Hartrey Ave., so the applicant has agreed to explore alternatives for staff parking such as off- site parking at Ward Manufacturing and/or Food 4 Less. Proposed Addition → 736 of 793 Comprehensive Plan Some objectives from the Evanston Comprehensive General Plan that apply to this application include: Objective: Maintain the appealing character of Evanston’s neighborhoods while guiding their change. Objective: Recognize the benefits of mixing residential, commercial, and institutional uses in neighborhoods. The proposed expansion of the Infant Welfare Society of Evanston at 2200 Main St. will allow a non-profit institution to provide additional services and resources to the community with no additional impact to the surrounding neighborhood. Legislative History August 28, 2018: The ZBA unanimously recommended approval of the special use for a Daycare Center – Child, for the Infant Welfare Society of Evanston, and major zoning relief for a 6.1’ west interior side yard setback for a one-story addition with the following conditions: 1. Hours of operation shall not exceed 6am - 8pm. 2. IWSE should continue to explore alternative staff parking options that can alleviate the parking demand on Hartrey Ave. 3. Substantial compliance with the documents and testimony on record. Attachments Proposed Ordinance 104-O-18 ZBA Findings August 28, 2018 ZBA Draft Meeting Minutes Excerpt ZBA Packet - August 28, 2018 737 of 793 9/5/2018 104-O-18 AN ORDINANCE Granting a Special Use Permit for a Daycare Center – Child and a Major Variation Related to 2200 Main Street in the R2 Single Family Residential District (“Infant Welfare Society of Evanston ”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on August 28, 2018, pursuant to proper notice, to consider case no. 18ZMJV-0067, an application filed by DonnaLee Floeter (the “Applicant”), architect of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 2200 Main Street (the “Subject Property”) and located in the R2 Single Family Residential District, for a Special Use Permit to establish, pursuant to Subsection 6-8-3-3 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a Daycare Center – Child, “Infant Welfare Society of Evanston,” and approval of a Major Variation to zoning requirements imposed by Subsection 6-8-3-7(B)(3) on the Subject Property; and WHEREAS, the Applicant requested the following Major Variations from the Zoning Board of Appeals: (A) The Applicant requests a west interior side yard setback of six and one tenth of a foot (6.1’) where an west interior side yard setback of fifteen feet (15 ’) is required on the Subject Property; WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and written findings that the application for a Special Use Permit for a Daycare Center – Child and a west interior side yard setback of six and one tenth (6.1’) feet (6.1’) met the standards for Special Uses in Section 6-3-5 and Major Variations in 6-3- 8-12(E) of the Zoning Ordinance and recommended City Council approval thereof; and 738 of 793 104-O-18 ~2~ WHEREAS, at its meeting of September 17, 2018, the Planning and Development Committee of the City Council (“P&D Committee”) considered the ZBA’s record and findings and recommended the City Council accept the ZBA’s recommendation and approve the application in case no. 18ZMJV-0067; and WHEREAS, at its meeting of September 17, 2018, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, as amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Daycare Center – Child and a west interior side yard setback of six and one tenth of a foot (6.1’) on the Subject Property as applied for in case no. 18ZMJV-0067. SECTION 3: Pursuant to Subsection 6-9-5-3 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant’s Special Use Permit, violation of any of which shall constitute grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-5 of the Zoning Ordinance: A. Compliance with Applicable Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with: all applicable legislation; the Applicant’s testimony and representations to the ZBA, the P&D Committee, and the City Council; and the approved plans and documents on file in this case. B. Hours of Operation: The Applicant may only open to the general public the Daycare Center – Child for drop-off and pick-up between the hours of 6:00 a.m. and 8:00 p.m. on any given day. 739 of 793 104-O-18 ~3~ C. Parking: The Applicant shall continue to explore alternative staff parking options that can alleviate the parking demand on Hartrey Avenue. E. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: 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 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced: _________________, 2018 Adopted: ___________________, 201 8 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor 740 of 793 104-O-18 ~4~ Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 741 of 793 104-O-18 ~5~ EXHIBIT A LEGAL DESCRIPTION LOT 1 AND 2 IN BLOCK 2 (EXCEPT THE WEST 5.0 FEET OF SAID LOTS) IN TRAVER'S SUBDIVISION OF THE NORTH 1/2 OF THE MIDDLE 1/3 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PINs: 10-24-301-0190000 10-24-301-020-0000 COMMONLY KNOWN AS: 2200 Main Street, Evanston, Illinois. 742 of 793 P LANNING AND Z ONING D IVISION 847-448-8230 zoning@cityofevanston.org Community Development Department www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3202 Evanston, IL 60201 FF II NN DD II NN GG SS FOR STANDARDS OF SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS In the case of After conducting a public hearing on August 28, 2018, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearings, based upon the standards for special uses specified in Section 6-3-5-10 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 6-0 (B) It is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance as amended from time to time; ___X___Met _____Not Met Vote 6-0 (C) It will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use upon the city as a whole; ___X___Met _____Not Met Vote 6-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 6-0 Case Number: 18ZMJV-0067 Address or Location: 2200 Main St. Applicant: DonnaLee Floeter, Architect Proposed Special Use: Expansion of a Daycare Center – Child, Infant Welfare Society of Evanston 743 of 793 P LANNING AND Z ONING D IVISION 847-448-8230 zoning@cityofevanston.org Community Development Department www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3202 Evanston, IL 60201 (E) It can be adequately served by public facilities and services ___X___Met _____Not Met Vote 6-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 6-0 (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 6-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 6-0 (I) It complies with all other applicable regulations of the district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the grant of a variation. ___X___Met _____Not Met Vote 6-0 and, based upon these findings, and upon a vote __6__ in favor & __0__ against Recommends to the City Council _____ approval without conditions _____ denial of the proposed special use __x__ approval with conditions specifically: 1. Hours of operation shall not exceed 6am – 8pm. 2. IWSE should continue to explore alternative staff parking options that can alleviate the parking demand on Hartrey Ave. 3. Substantial compliance with the documents and testimony on record. Attending: Vote: Aye No ___X__ Mary Beth Berns __X__ ____ ___X___ Myrna Arevalo __X__ ____ ___X___ Scott Gingold __X__ ____ ___X___ Violetta Cullen __X__ ____ ___X___ Lisa Dziekan __X__ ____ _______ Mary McAuley _____ ____ ___X___ Kiril Mirintchev __X__ ____ 744 of 793 FF II NN DD II NN GG SS FOR STANDARDS OF VV AA RR II AA TT II OO NN SS In the case of After conducting a public hearing on August 28, 2018, the Zoning Board of Appeals makes the following findings of fact, based upon the standards for major variances specified in Section 6-3-8-12 of the City Code: Standard Finding (A) The requested variation will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties; ___X___Met _____Not Met 6-0 (B) The requested variation is in keeping with the intent of the zoning ordinance; ___X___Met _____Not Met 6-0 (C) The alleged hardship or practical difficulty is peculiar to the property; ___X___Met _____Not Met 6-0 (D) The property owner would suffer a particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out; ___X___Met _____Not Met 6-0 (E) The purpose of the variation is not based exclusively upon a desire to extract additional income from the property; or there is a public benefit; ___X___Met _____Not Met 6-0 Case Number: 18ZMJV-0067 Address or Location: 2200 Main St. Applicant: DonnaLee Floeter, Architect Proposed Zoning Relief: 6.1’ west interior side yard setback where 15’ is required for a one - story addition to the Infant Welfare Society of Evanston 745 of 793 (F) The alleged difficulty or hardship has not been created by any person having an interest in the property; __X___Met _____Not Met 6-0 (G) The requested variation is limited to the minimum change necessary to alleviate the particular hardship or practical difficulty which affects the property; __X___Met _____Not Met 6-0 and, based upon these findings, and upon a vote of __6__ in favor & __0__ against recommends to the City Council __X___ approval _____ denial Attending: Vote: Aye No __X__ Violetta Cullen _X__ ____ __X__ Mary Beth Berns _X__ ____ __X__ Lisa Dziekan _X__ ____ __X__ Kiril Mirintchev _X__ ____ __X__ Scott Gingold _X__ ____ __X__ Myrna Arevalo _X__ ____ _____ Mary McAuley ____ ____ 746 of 793 Page 1 of 3 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES EXCERPT ZONING BOARD OF APPEALS Tuesday, August 28, 2018 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Lisa Dziekan, Violetta Cullen, Mary Beth Berns, Myrna Arevalo , Scott Gingold Members Absent: Mary McAuley, Kiril Mirintchev Staff Present: Scott Mangum, Melissa Klotz Presiding Member: Mary Beth Berns 2200 Main St. DonnaLee Floeter, architect, applies for a special use permit and major zoning relief to expand a Daycare Center – Child, Infant Welfare Society of Evanston, in the R2 Single Family Residential District (Zoning Code Section 6-8-3-3), and a west interior side yard setback of 6.1’ where 15’ is required for non-residential structures (Zoning Code Section 6-8-3-7-B-3). The Zoning Board of Appeals is the recommending body, and the City Council is the determining body for this case. Ms. Klotz read the case into the record. Steven Vick, Executive Director, and DonnaLee Floeter, architect, explained the proposal: The facility serves 80% low income children; many who have special needs. Currently the facility does not have an indoor gross motor play area, which is problematic during inclement weather. Building footprint will increase by 653 sq ft. No increase is proposed to the number of children or teachers. The space where the addition is proposed is currently outdoor space and is already impervious. Ms. Dziekan asked how parking and the drop off works, and Mr. Vick explained: 7:30-9am is the busy drop off tine and 4-5:30 is the busy pick up time. Parents park and come in; there is no curbside drop off. There are typically available parking spaces in the parking lot. Employees usually park throughout the neighborhood so that the parking lot is available for quick drop off and pick up. Ward Manufacturing President (submitted Applicant’s Exhibit A) letter submitted noting there is ample parking in the area, but Ward Manufacturing will allow 2 of their spaces to be leased to the IWSE if needed. 747 of 793 Page 2 of 3 Zoning Board of Appeals Susan Skully, 836 Hartrey, who lives immediately south of the daycare center, has concerns about parking since her 86 year old mother has caretakers that regularly look for parking since the IWSE staff often park in front of her house. Chair Berns noted the Alderman can help obtain a handicap parking space on the street right in front of the house. Janice Chateman, 832 Hartrey, agrees that the IWSE is a great neighbor, but parking is extremely difficult. Also, how will garbage pickup be done? Mr. Vick responded there will be no change to garbage pickup since the addition does not impact the location of the garbage near the alley, and IWSE employees can be told to park on the other side of Main St., or Lee St., to alleviate the Hartrey parking issue. Typically no more than 20 staff are on site at a time. Many staff use public transportation. Ms. Dziekan noted there is a church on the north side of Main St. that may be able to share parking for IWSE employees. Mr. Vick responded Alderman Braithwaite is currently reaching out to Food 4 Less to see if some of that large parking lot could be used for some employee parking. Chair Berns encouraged the Food 4 Less parking, and Mr. Gingold added the 2 spaces from Ward Manufacturing should be used. Deliberation: Ms. Dziekan noted the IWSE is a great and needed service in the community, and Mr. Gingold noted the proposal is not an increase in the number of children or staff. Ms. Cullen agreed. Standards for Special Use: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Ms. Cullen motioned to recommend approval of the special use with conditions, which was seconded by Ms. Dziekan and unanimously recommended for approval. 1. Hours of operation shall not exceed 6am - 8pm. 2. IWSE should continue to explore alternative staff parking options that can alleviate the parking demand on Hartrey Ave. 3. Substantial compliance with the documents and testimony on record. Standards for Major Variation: 1. Yes 2. Yes 3. Yes 748 of 793 Page 3 of 3 Zoning Board of Appeals 4. Yes 5. Yes 6. Yes 7. Yes Mr. Gingold noted the variation is a setback that is adjacent to an alley and then an industrial use, therefore the intent of the regulation is not needed. Mr. Gingold motioned to recommend approval of the major variation, which was seconded by Ms. Dziekan and unanimously recommended for approval. 749 of 793 Memorandum To: Mayor and Members of the City Council Planning & Development Committee From: Johanna Leonard Community Development Director Scott Mangum, Planning and Zoning Administrator Cindy Plante, Economic Development Coordinator Subject: Ordinance 102-O-18 Granting a Special Use for a Type 2 Restaurant, Kilwins Chocolates at 1724 Sherman Ave Date: September 14, 2018 Recommended Action The Zoning Board of Appeals and City Staff recommend adoption of Ordinance 102-O- 18 granting a special use approval for a Type 2 Restaurant, Kilwins Chocolates 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. Livability Benefits: Economy & Jobs: Expand job opportunities Built Environment: Enhance public spaces Summary: Applicant James Shepherd, proposes to open Kilwins Chocolates at 1724 Sherman Ave. Kilwins is a nationwide franchise with other Illinois locations on Michigan Avenue, and in Hyde Park within Chicago, and in Elmhurst. The Evanston location will be the first for franchise operator Jeff Snyder. The proposed menu consists of ice cream, fudge and candies including caramel apples and chocolate dipped items. The applicant is proposing to operate seven days a week, with hours not to exceed 10am-11pm. Staffing is expected to include no more than 5 employees on site at any given time. Deliveries to the restaurant will be accepted from the front of the store, and will be limited to early morning hours. The applicant has agreed to adopt sustainable practices for refuse collection and litter prevention, including recycling and provision of tap water. City staff is not aware of any objections to the proposal. For City Council meeting of September 17, 2018 Item P8 Ordinance 102-O-18, Special Use for a Type 2 Restaurant 1724 Sherman Ave. For Introduction 750 of 793 Comprehensive Plan: The Evanston Comprehensive General Plan encourages the utilization of vacant storefronts along existing commercial corridors that can add sales tax revenue and encourage economic vitality. The Comprehensive Plan specifically includes: Objective: Promote the growth and redevelopment of business, commercial, and industrial areas. Objective: Retain and attract businesses in order to strengthen Evanston’s economic base. Kilwins will use a currently vacant commercial space to open a locally owned and operated business and bring additional foot traffic to the downtown business district. Legislative History: August 28, 2018: the ZBA recommended unanimous approval of the special use for a Type 2 Restaurant, Kilwins Chocolates with the following conditions: 1. Hours of operation not to exceed 10am - 11pm, 7 days a week. 2. Deliveries shall ideally take place before 7am, and shall be no later than 9am. 3. Employees prohibited from using metered street parking. 4. Compliance with sustainability plan including offering tap water and using recycling. 5. Substantial compliance with documents and testimony on record Attachments Ordinance 102-O-18 August 28, 2018 ZBA Draft Meeting Minutes Excerpt ZBA Findings August 28, 2018 ZBA Packet 751 of 793 9/4/2018 102-O-18 AN ORDINANCE Granting a Special Use Permit for a Type 2 Restaurant Located at 1724 Sherman Avenue in the D2 Downtown District (“Kilwins Chocolates”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on August 28, 2018, pursuant to proper notice, to consider case no. 18ZMJV-0058, an application filed by James Shepherd (the “Applicant”), lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 1724 Sherman Avenue (the “Subject Property”) and located in the D2 Downtown District, for a Special Use Permit to establish, pursuant to Subsection 6-11-3-4 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a Type 2 Restaurant, “Kilwins Chocolates,” on the Subject Property; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and written findings that the application for a Special Use Permit for a Type 2 Restaurant met the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of September 17, 2018, the Planning and Development Committee of the City Council (“P&D Committee”) considered the ZBA’s record and findings and recommended the City Council accept the ZBA’s recommendation and approve the application in case no. 18ZMJV-0058; and 752 of 793 102-O-18 ~2~ WHEREAS, at its meetings of September 17, 2018 and September 24, 2018, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, as amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Type 2 Restaurant on the Subject Property as applied for in case no. 18ZMJV- 0058. SECTION 3: Pursuant to Subsection 6-9-5-3 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant’s Special Use Permit, violation of any of which shall constitute grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-5 of the Zoning Ordinance: A. Compliance with Applicable Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with: all applicable legislation; the Applicant’s testimony and representations to the ZBA, the P&D Committee, and the City Council; and the approved plans and documents on file in this case, including but not limited to: the Sustainability Practices for Type 2 Restaurants submitted by the Applicant dated July 26, 2018. B. Hours of Operation: The Applicant may operate the Type 2 Restaurant authorized by this ordinance only between the hours of 10:00 a.m. and 11:00 p.m. on any given day. C. Employee Parking: Employees may not utilize metered street parking surrounding the Subject Property during the hours of operation. D. Deliveries: All deliveries shall occur in the early morning hours. Deliveries shall occur before 7:00 a.m., when possible, but no later than 9:00 a.m. 753 of 793 102-O-18 ~3~ E. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: 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 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced: _________________, 2018 Adopted: ___________________, 201 8 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor 754 of 793 102-O-18 ~4~ Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 755 of 793 102-O-18 ~5~ EXHIBIT A LEGAL DESCRIPTION LOT 4 IN THE NORTHWESTERN UNIVERSITY RESUBDIVISION OF BLOCK 17 IN EVANSTON, IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 11-18-126-011-0000 COMMONLY KNOWN AS: 1724 Sherman Avenue, Evanston, Illinois. 756 of 793 Page 1 of 2 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, August 28, 2018 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Lisa Dziekan, Violetta Cullen, Mary Beth Berns, Myrna Arevalo , Scott Gingold Members Absent: Mary McAuley, Kiril Mirintchev Staff Present: Scott Mangum, Melissa Klotz Presiding Member: Mary Beth Berns Declaration of Quorum With a quorum present, Chair Berns called the meeting to order at 7:04 p.m. Minutes Ms. Cullen motioned to approve the meeting minutes of the Joint Meeting with the Plan Commission, and the ZBA hearing of August 8, 2018, which were seconded by Ms. Arevalo and approved 4-0, with one abstention. New Business 1724 Sherman Ave. 18ZMJV-0072 James Shepherd, lessee, applies for a special use permit for a Type 2 Restaurant, Kilwins Chocolates, in the D2 Downtown Retail Core District (Zoning Code Section 6- 11-3-4). The Zoning Board of Appeals is the recommending body, and the City Council is the determining body for this case. Mr. Mangum read the case into the record. Jeff Snyder, operator, explained the proposal: Kilwins offers fine chocolates, ice cream, caramel apples, fudge, chocolate dipped items, and take home items. 30% of items are made in the front window of the store. Nearest Kilwins is on Michigan Ave., and there is also one in Hyde Park, and Elmhurst. Operator does not operate another Kilwins and has no experience in this type of business, but is being trained by Kilwins on how to operate a franchise. Hours of operation will be 10am - 11pm maximum, adjusted seasonally. A maximum of 5 employees will work at one time. Deliveries occur every 2 weeks (ice cream and baking ingredients), and smaller other deliveries are more frequent. 757 of 793 Page 2 of 2 Zoning Board of Appeals Deliveries must go through the front door in the early morning hours. The alley is not usable for truck deliveries and not allowed per the lease. Will have 5 seats in the facility. Most customers do not stay within the store after purchasing items. Agrees to follow the Sustainability Plan, and tap water will be offered for customers who ask for it as requested by DAPR. Exterior of the building will be painted (likely beige), and then new signage will be added. No changes will be made to windows or doors. Deliberations: Mr. Gingold noted the proposed use fits with the character of the neighborhood and will occupy a vacant space. Ms. Dziekan agreed. Mr, Gingold also noted that it is acceptable that the operator does not have experience in the field since the store is a franchise and he will be appropriately guided. Ms. Cullen agreed. Standards: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Ms. Dziekan motioned to recommend approval with conditions, which was seconded by Ms. Cullen and unanimously recommended for approval: 1. Hours of operation shall not exceed 10am - 11pm. 2. Deliveries shall ideally be before 7am, and shall be no later than 9am. 3. Employees shall not utilize on street parking. 4. Sustainability practices including offering tap water and using recycling. The meeting adjourned at 9:00pm. 758 of 793 P LANNING AND Z ONING D IVISION 847-448-8230 zoning@cityofevanston.org Community Development Department www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3202 Evanston, IL 60201 FF II NN DD II NN GG SS FOR STANDARDS OF SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS In the case of After conducting a public hearing on August 28, 2018, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearings, based upon the standards for special uses specified in Section 6-3-5-10 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 5-0 (B) It is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance as amended from time to time; ___X___Met _____Not Met Vote 5-0 (C) It will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use upon the city as a whole; ___X___Met ____Not Met Vote 5-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met ____Not Met Vote 5-0 (E) It can be adequately served by public facilities and services ___X___Met ____Not Met Vote 5-0 Case Number: 18ZMJV-0072 Address or Location: 1724 Sherman Ave. Applicant: James Shepherd, Lessee Proposed Special Use: Type 2 Restaurant, Kilwins Chocolates 759 of 793 P LANNING AND Z ONING D IVISION 847-448-8230 zoning@cityofevanston.org Community Development Department www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3202 Evanston, IL 60201 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 5-0 (G) It preserves significant historical and architectural resources; ___X__Met _____Not Met Vote 5-0 (H) It preserves significant natural and environmental features; and ___ __Met _____Not Met n/a (I) It complies with all other applicable regulations of the district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the grant of a variation. ___X___Met _____Not Met Vote 5-0 and based upon these findings, and upon a vote __5__ in favor & __0__ against Recommends to the City Council _____ approval without conditions __ __ denial of the proposed special use with conditions: __X__ approval with conditions: 1) Hours of operation of 10 a.m. to 10 p.m. 2) Employees prohibited from using metered street parking. 3) Deliveries shall ideally be before 7 a.m. and shall be no later than 9 a.m. 4) Substantial compliance with documents and testimony on record, including Sustainability Practices for Type 2 Restaurants. Attending: Vote: Aye No ___X__ Mary Beth Berns __X__ ___ ___X___ Myrna Arevalo __X__ _ __ ___X___ Scott Gingold __X__ ___ ___X___ Violetta Cullen __X__ _ __ ___X___ Lisa Dziekan __X__ _ __ ___ ___ Mary McAuley __ __ _ __ _______ Kiril Mirintchev _____ _ __ 760 of 793 For City Council meeting of September 17, 2018 Item P9 Ordinance 106-O-18 Application for a Special Use for a Public Utility and Major Zoning Relief for a Fence (wall) at 514 Custer Ave. For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Johanna Leonard, Director of Community Development Scott Mangum, Planning and Zoning Administrator Bill Dunkley, Zoning Planner (seasonal) Subject: Ordinance 106-O-18, Granting a Special Use for a Public Utility and Major Zoning Relief for a Fence (wall) at 514 Custer Ave. Date: September 5, 2018 Recommended Action The Zoning Board of Appeals and City staff recommend adoption of Ordinance 106-O- 18 granting special use approval for a Public Utility for the replacement of existing ComEd equipment with “DC-in-a-box” utility equipment, and major zoning relief for a 20’-tall fence (concrete wall) for safety and thermal screening of the utility equipment, at 514 Custer Ave. The applicant has complied with all other zoning requirements, and meets all of the standards for special use and major variation in the R3 Two Family Residential District. Livability Benefits Climate & Energy: Improve energy and water efficiency Summary 514 Custer Avenue is located on the west side of Custer Ave. adjacent to the mid-block alleyway between South Blvd. and Oakton St. The site fronts along both Custer Avenue and an alley, with access to the site currently via a curb cut and driveway on Custer Avenue. The property features ComEd electrical distribution equipment surrounded by a chain link fence. Memorandum 761 of 793 Existing Site with ComEd Equipment ComEd proposes to replace the existing distribution center with a smaller, more reliable and higher efficiency “DC-in-a-box” distribution center similar to proposals previously implemented at 1919 Church Street and 2506 Green Bay Road. The new equipment will increase capacity, reliability, and will provide better back-up abilities should other distribution centers fail during inclement weather. The new equipment is smaller in size than the existing, and will be obscured from some views by the proposed concrete walls. The new utility equipment includes transformers, regulators, and switch gears. All new equipment is smaller than the existing equipment, with the largest transformer at 12’ in height and the remaining equipment 8.5’ or less. Per typical ComEd requirements, the equipment is placed on concrete pads and then surrounded by gravel with a concrete perimeter for grounding purposes. Recently updated ComEd standards now require a fireproof wall surrounding the equipment when anything flammable is located within 25’ of the equipment. Concrete walls are proposed along the south and west sides of the equipment. The walls act as barriers and are therefore considered fencing by zoning regulations. ComEd proposes the wall be 20’ in height. A maximum 8’ fence height is permitted in the R3 district when a non-residential use abuts a residential use. The proposed concrete material, which will be poured in place and stamped with a pattern, such as brick, is not a permitted fencing material by zoning regulations. The walls are placed 3’ from all property lines, and are at least 3’ from the equipment. Walls are not necessary along the north and east portions of the property. 762 of 793 Rendering of Proposal, looking Southwest, with landscaping shown The ZBA requested that ComEd provide the thermographic study that was conducted to determine the necessary wall heights for fire protection for review by staff. Following ZBA, the study and additional plan review details were provided to staff for review by the Evanston Fire Department. The Fire Department Plan Reviewer concurs with the conclusions and recommendations of ComEd to provide 20’ walls along the west and south sides of the utility equipment, and no walls along the east and north sides of the utility equipment, for adequate fire safety. Because of grounding requirements to hardscape the site up to the east property line, ComEd will plant and maintain native grasses in the right-of-way along Custer between the concrete pad and the sidewalk to provide some screening of the equipment. As recommended by the ZBA, the applicant has agreed to mount a light on the wall facing down to illuminate dark areas within the property to deter unwanted activity without impacting the adjacent residential building across the alley. The applicant is also exploring the possibility of including separate patterns in the concrete at the base and upper portion of the wall to visually break up the appearance. City staff is not aware of any objections to the proposal, and finds the increased utility reliability beneficial to the community. The stamped concrete walls will improve the aesthetics and will shield the industrial equipment from view of the adjacent residential uses. 763 of 793 Comprehensive Plan The Evanston Comprehensive General Plan encourages the redevelopment of blighted properties that promote neighborhood desirability. The Comprehensive Plan specifically includes: Objective: Maintain the appealing character of Evanston’s neighborhoods while guiding their change. Policy: Preserve neighborhood character while supporting redevelopment efforts that add to neighborhood desirability. The proposed Public Utility is beneficial to the immediate neighborhood and community as a whole as it will increase ComEd reliability and ameliorate the aesthetics of the current site. Legislative History September 4, 2018: The ZBA recommended unanimous approval of the special use and variations subject to the following conditions: 1. Thermographic study shall be submitted for staff review. 2. Lights shall be added as needed for safety. 3. Design considerations shall be made to reduce the perceived scale of the wall. 4. Applicant shall be responsible for the maintenance of the project. 5. Substantial compliance with the documents and testimony on record. Attachments Proposed Ordinance 106-O-18 September 4, 2018 Draft ZBA Meeting Minutes Excerpt ZBA Findings for Special Use and Major Variations Link to September 4, 2018 ZBA Packet https://www.cityofevanston.org/home/showdocument?id=43417 764 of 793 9/6/2018 106-O-18 AN ORDINANCE Granting a Special Use Permit and Major Variations to Replace Electrical Equipment Located at 514 Custer Avenue in the R3 Two Family Residential District WHEREAS, the Zoning Board of Appeals (“ZBA”) met on September 4, 2018, pursuant to proper notice, to consider case no. 18ZMJV-0062, an application filed by William Lensky, contractor for the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 514 Custer Avenue (the “Subject Property”) and located in the R3 Two Family Residential District, for a Special Use Permit and a Major Variation to replace, pursuant to Subsections 6-9-5-3 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), electrical equipment on the Subject Property; and WHEREAS, the Applicant requests the following Major Variation: (A) The Applicant requests to construct one (1) concrete wall fence that is twenty (20) feet in height, where concrete material is not permitted for fences; and (B) The Applicant requests to construct one (1) concrete wall fences that is twenty (20) feet in height, where the maximum fence height permitted is eight (8) feet; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and written findings that the application for a Special Use Permit and a Major Variation met the standards for Special Uses in Section 6-3-5-10 and 6-3-8-12 of the Zoning Ordinance and recommended City Council approval thereof; and 765 of 793 106-O-18 ~2~ WHEREAS, at its meeting of September 17, 2018, the Planning and Development Committee of the City Council (“P&D Committee”) considered the ZBA’s record and findings and recommended the City Council accept the submitted site plans and approve the application in case no. 18ZMJV-0062; and WHEREAS, at its meetings of September 17, 2018 and September 24, 2018, the City Council considered the submitted application and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, as amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: The City Council hereby adopts the P&D Committee’s records, findings, and recommendations, and hereby approves, pursuant to Subsection 6-3-8-10(D) of the Zoning Ordinance, the Special Use Permit for a Public Utility and the Major Variations on the Subject Property applied for in case no. 18ZMJV-0062 and described hereinabove. SECTION 3: The Major Variation approved hereby is as follows: (A) Approval to install one (1) concrete wall fence that is twenty (20) feet in height. Subsection 6-4-6-7(F)(1) prohibits the installation of concrete fences on the Subject Property. (B) Approval to install one (1) concrete wall fence that is twenty (20) feet in height. Subsection 6-4-6-7(F)(3) prohibits the installation of fences greater than eight (8) feet on the Subject Property. SECTION 4: Pursuant to Subsection 6-3-5-12 and 6-3-8-14 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant’s Special Use Permit and Major Variation, violation of any of which shall constitute 766 of 793 106-O-18 ~3~ grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: A. Compliance with Applicable Requirements: The Applicant must develop and use the Subject Property in substantial compliance with: all applicable legislation; the Applicant’s testimony and representations to the ZBA, the P&D Committee, and the City Council; the General Site Plan in Exhibit B, attached hereto and incorporated herein by reference; and the approved plans and documents on file in this case. B. Thermographic Study: The Applicant shall submit to the City of Evanston a thermographic study for review by City of Evanston staff. C. Lighting: Lighting shall be added on the interior and/or exterior of the walls as deemed necessary for safety purposes. D. Design: Design considerations shall be made to reduce the perceived scale of the wall. E. Maintenance: The Applicant shall be responsible for the maintenance of the project. D. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant must record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 6: 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: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8: 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 767 of 793 106-O-18 ~4~ without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 9: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2018 Adopted:___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 768 of 793 106-O-18 ~5~ EXHIBIT A LEGAL DESCRIPTION THE NORTH 50.00 FEET OF LOT 18 IN BLOCK 1 IN IGLEHART'S ADDITION TO EVANSTON; A SUBDIVISION OF THE SOUTH 12.17 ACRES EAST OF RIDGE ROAD OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND THE NORTH 48 LINKS EAST OF RIDGE ROAD OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 11-19-329-026-0000 COMMONLY KNOWN AS: 514 Custer Avenue, Evanston, Illinois. 769 of 793 106-O-18 ~6~ EXHIBIT B GENERAL SITE PLAN 770 of 793 EMEMEMEMEMEMEM771 of 793 DRAFT NOT APPROVED MEETING MINUTES EXCERPT ZONING BOARD OF APPEALS Tuesday, September 4, 2018 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Lisa Dziekan, Violetta Cullen, Mary Beth Berns, Myrna Arevalo Members Absent: Scott Gingold, Mary McAuley, Kiril Mirintchev Staff Present: Scott Mangum Presiding Member: Mary Beth Berns Declaration of Quorum With a quorum present, Chair Berns called the meeting to order at 7:00 p.m. Minutes Ms. Cullen motioned to approve the meeting minutes of August 28, 2018, which were seconded by Ms. Dziekan, and approved 4-0. New Business 514 Custer Ave. 18ZMJV-0062 William Lensky, project manager, applies for a special use permit for a Public Utility, ComEd, in the R3 Two Family Residential District (Zoning Code Section 6-8-4-3). The applicant also requests zoning relief for two concrete walls (fences) that are 14’ and 20’ in height where concrete material is not permitted for fences (Zoning Code Section 6-4-6-7-F-1) and a maximum fence height of 6’ is allowed (Zoning Code Section 6-4-6-7-F-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Mr. Mangum read the case into the record. Carlo Cavallaro, applicant’s representative, explained the proposal: ● Third DC in a box project in Evanston (Church Street wall is 18’ tall, Green Bay wall is 20’ tall). ● Upgrades from 4kV to 12kV increasing capacity and reliability of equipment with more redundancy. ● Site is smaller than others, less separation from adjacent buildings requires higher two-hour firewall. ● Highest transformer is 9-feet tall. ● Thermographic study produced by engineers with wall height recommendation. ● Ward meeting discussion involved aesthetics, including landscaping. Limited area for landscaping reason for proposed prairie grasses. ● Coloring and stamping of wall can be customized. Page 1 of 3 Zoning Board of Appeals 772 of 793 ● Outages to transfer equipment is limited. ● ComEd and industry-wide standard reason for 8” deep concrete firewalls. ● ComEd crews maintain grounds as needed. ● ComEd’s responsibility to adapt site to future conditions as needed. ● Lighting not proposed but could be added if needed and pointed downward similar to facility on Green Bay Road. Deliberation: Ms. Cullen noted that the proposed project will be an improvement over existing conditions. Ms. Arevalo inquired about the possibility of a mural. Mr. Mangum explained previous discussion regarding mural including ComEd’s explanation that it could not be added to inside of wall and would have limited visibility from opposite side of wall. Ms. Dziekan agreed that the proposal was an improvement, but suggested conditions for lighting and staff review of a thermographic study. Chair Berns suggested two pours of concrete to break down scale of wall by adding variety. The Special Use Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. NA 7. NA 8. NA 9. Yes Ms. Cullen motioned to recommend approval of the special use, which was seconded by Ms. Dziekan and unanimously recommended for approval with conditions: 1. Thermographic study to be reviewed by staff. 2. Add Lighting as appropriate. 3. Reconsider perceived scale of wall. 4. Guarantee maintenance of project. 5. Substantial compliance with the documents and testimony on record. The Major Variation Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes Page 2 of 3 Zoning Board of Appeals 773 of 793 7. Yes Ms. Dziekan motioned to recommend approval of the major variation, which was seconded by Ms. Cullen and unanimously recommended for approval with conditions: 1. Substantial compliance with the documents and testimony on record. The meeting adjourned at 9:43 pm. Page 3 of 3 Zoning Board of Appeals 774 of 793 P LANNING AND Z ONING D IVISION 847-448-8230 zoning@cityofevanston.org Community Development Department www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3202 Evanston, IL 60201 FF II NN DD II NN GG SS FOR STANDARDS OF SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS In the case of After conducting a public hearing on September 4, 2018, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearings, based upon the standards for special uses specified in Section 6-3-5-10 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 4-0 (B) It is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance as amended from time to time; ___X___Met _____Not Met Vote 4-0 (C) It will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use upon the city as a whole; ___X___Met ____Not Met Vote 4-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met ____Not Met Vote 4-0 (E) It can be adequately served by public facilities and services ___X___Met ____Not Met Vote 4-0 Case Number: 18ZMJV-0062 Address or Location: 514 Custer Avenue Applicant: William Lensky, project manager Proposed Special Use: Public Utility, ComEd, in the R3 Two-Family Residential District 775 of 793 P LANNING AND Z ONING D IVISION 847-448-8230 zoning@cityofevanston.org Community Development Department www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3202 Evanston, IL 60201 (F) It does not cause undue traffic congestion; ____Met _____Not Met n/a (G) It preserves significant historical and architectural resources; ____Met _____Not Met n/a (H) It preserves significant natural and environmental features; and ____Met _____Not Met n/a (I) It complies with all other applicable regulations of the district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the grant of a variation. _X__Met _____Not Met Vote 4-0 and based upon these findings, and upon a vote __4__ in favor & __0__ against Recommends to the City Council _____ approval without conditions __ __ denial of the proposed special use with conditions: __X__ approval with conditions: 1. Thermographic study shall be submitted for staff review. 2. Lights shall be added as needed for safety. 3. Design considerations shall be made to reduce the perceived scale of the wall. 4. Applicant shall be responsible for the maintenance of the project. 5. Substantial compliance with the documents and testimony on record. Attending: Vote: Aye No ___X__ Mary Beth Berns __X__ ___ ___X___ Myrna Arevalo __X__ _ __ _______ Scott Gingold __ __ ___ ___X___ Violetta Cullen __X__ _ __ ___X___ Lisa Dziekan __X__ _ __ ___ ___ Mary McAuley __ __ _ __ _______ Kiril Mirintchev _____ _ __ 776 of 793 FF II NN DD II NN GG SS FOR STANDARDS OF VV AA RR II AA TT II OO NN SS In the case of After conducting a public hearing on September 4, 2018, the Zoning Board of Appeals makes the following findings of fact, based upon the standards for major variances specified in Section 6-3-8-12 of the City Code: Standard Finding (A) The requested variation will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties; ___X___Met _____Not Met 4-0 (B) The requested variation is in keeping with the intent of the zoning ordinance; ___X___Met _____Not Met 4-0 (C) The alleged hardship or practical difficulty is peculiar to the property; ___X___Met _____Not Met 4-0 (D) The property owner would suffer a particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out; ___X___Met _____Not Met 4-0 (E) The purpose of the variation is not based exclusively upon a desire to extract additional income from the property; or there is a public benefit; ___X___Met _____Not Met 4-0 Case Number: 18ZMJV-0062 Address or Location: 514 Custer Avenue Applicant: William Lensky, project manager Proposed Zoning Relief: Public Utility, ComEd, in the R3 Two-Family Residential District 777 of 793 (F) The alleged difficulty or hardship has not been created by any person having an interest in the property; __X___Met _____Not Met 4-0 (G) The requested variation is limited to the minimum change necessary to alleviate the particular hardship or practical difficulty which affects the property; __X___Met _____Not Met 4-0 and, based upon these findings, and upon a vote of __4__ in favor & __0__ against recommends to the City Council __X___ approval with conditions _____ denial Condition: 1. Substantial compliance with the documents and testimony on record. Attending: Vote: Aye No __X__ Violetta Cullen _X__ ____ __X__ Mary Beth Berns _X__ ____ __X__ Lisa Dziekan _X__ ____ _____ Kiril Mirintchev ____ ____ _____ Scott Gingold ____ ____ __X__ Myrna Arevalo __X_ ____ _____ Mary McAuley ____ ____ 778 of 793 To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Johanna Leonard, Director of Community Development Scott Mangum, Planning & Zoning Administrator Melissa Klotz, Zoning Planner Subject: Ordinance 84-O-18, Granting a Special Use for a Daycare Center – Domestic Animal, and Kennel, Rex’s Place, at 2118-2120 Ashland Ave., 1625 Payne St., and 2147-2149 Dewey Ave. Date: September 17, 2018 Recommended Action The Zoning Board of Appeals and City staff recommend adoption of Ordinance 84-O-18 granting special use approval for a Daycare Center – Domestic Animal, and Kennel, in the MXE Mixed Use Employment District. The applicant has complied with all zoning requirements and meets all of the standards for special use and major variations for this district. Ordinance 84-O-18 was introduced, with requested amendments, at the August 13, 2018 City Council meeting. The amended Ordinance is attached for adoption. Livability Benefits Economy & Jobs: Retain and expand local businesses Economy & Jobs: Expand job opportunities Summary Background History: In 2010, the City did not have specific zoning regulations for doggy daycares or animal boarding. The City approved the operation of a Rex’s Place, a doggy daycare, at 2118- 2120 Ashland Ave. and 1625 Payne St. with no overnight boarding, and considered the business to be a Retail Service Establishment. In 2011, the City approved accessory overnight boarding limited to holiday seasons only, and including conditions limiting boarding to regular clients of the doggy daycare facility. In conjunction with the original requests, the applicant worked with the City to establish appropriate zoning regulations for Daycare Center - Domestic Animals, and Kennels (overnight boarding) so that such uses now require special use approval. The current For City Council meeting of September 17, 2018 Item P10 Ordinance 84-O-18, Special use for a Daycare Center – Domestic Animal, and Kennel, at 2118-2120 Ashland Ave., 1625 Payne St., 2147-2149 Dewey Ave. For Action Memorandum 779 of 793 operations of Rex’s Place are therefore legally-nonconforming and require special use approval for any change in operation or expansion. Proposal: The applicant requests a special use permit for a Daycare Center – Domestic Animal, and a Kennel, at the following locations: Current Operations Proposed Operations 2120 Ashland Ave. Doggy Daycare – all units Doggy Daycare – all units 2118 Ashland Ave. NA Kennel 1625 Payne St. Kennel (limited accessory use) Kennel 2147 Dewey Ave. Outdoor area for Doggy Daycare (and residence not associated with Doggy Daycare) Outdoor area for Doggy Daycare and Kennel (and manager’s residence) 2149 Dewey Ave. (residence not associated with Doggy Daycare) Outdoor area for Doggy Daycare and Kennel (and owner’s residence) 2120 Ashland Ave.: Rex’s Place currently operates the doggy daycare with a staff of 4-5 employees at a time and a maximum of 100 dogs in groups of 30-35 animals each. The main location of Rex’s Place is 2120 Ashland Ave., which is one large open area within the building where the dogs interact with each other. Dogs are walked from the indoor facility to the outdoor play area currently at 2147 Dewey Ave. as needed. Dogs are dropped off at the facility between 6:30am – 11am, and are picked up between 3pm – 6:30pm. The facility operates Monday – Friday only. A professional cleaning crew cleans the facility daily with environmentally friendly cleaning supplies that also kill potential airborne illnesses such as the dog flu. There are no changes to the facility or operations at 2120 Ashland Ave., but the proposed special use will bring the use status into special use compliance. The applicant is currently working with the City to establish an official drop-off vehicle zone for customers. 2118 Ashland Ave.: The applicant proposes to add a kennel for overnight boarding at 2118 Ashland Ave., which is within the same building as the doggy daycare at 2120 Ashland Ave. The kennel will feature 28 animal cages and an accessible path around the cages. Walls surrounding the unit will be soundproofed. Drop-offs and pick-ups will not be permitted after 6pm. Since animals will reside overnight, heat sensors will be installed with a direct connection to the Fire Department to ensure adequate fire/life safety. 780 of 793 1625 Payne St.: The applicant currently operates a kennel for overnight boarding at 1625 Payne St., which is limited to dogs that are regular clients of the doggy daycare facility and only for use during specific holiday times as an accessory use to the doggy daycare. The applicant proposes to eliminate the accessory use conditions and instead operate under a special use permit. The kennel currently features 15 cages. No changes are proposed to the kennel facility. However, the intensity of the use will increase by eliminating the accessory use conditions. 2147 Dewey Ave.: The rear yard of 2147 Dewey Ave. is currently used as an outdoor play area for the doggy daycare as well as the accessory kennel. With expanded operations for the doggy daycare and the kennel, which include an increase in intensity of the uses, special use approval is also needed for the outdoor play area. The applicant recently purchased the home on the property, which the manager will live in so that the dogs can be quickly reached in case of an emergency. No commercial/business operations will occur within the house. There are no changes proposed to the property. 2149 Dewey Ave.: The rear yard of 2149 Dewey Ave. is currently rented out for truck parking for other businesses. The applicant recently purchased the home on the property, which the business owner/applicant will live in. No commercial/business operations will occur within the house. The rear yard will be used to expand the outdoor play area that is currently at 2147 Dewey Ave., which will then be used for both the doggy daycare and the kennel. Although the special use requests feature a total of five properties, the only changes that will increase the intensity of any uses are the new kennel proposed at 2118 Ashland Ave., the expanded kennel at 1625 Payne St., and the use of the backyard outdoor space at 2149 Dewey Ave. All five properties are included in one request to ensure all aspects of the business model are brought into full zoning compliance with special use approval rather than the current legally-nonconforming status. City staff is only aware of noise concerns from an adjacent business expressed at the ZBA meeting, and is aware of wide support by clients who frequent the facility and feel there is a large demand for this type of use/expansion of use in Evanston. The ZBA recommended conditions of approval to limit the impact of the business on adjacent properties and the neighborhood. Comprehensive Plan Some objectives from the Evanston Comprehensive General Plan that apply to this application include: Objective: Maintain the appealing character of Evanston’s neighborhoods while guiding their change. Objective: Recognize the benefits of mixing residential, commercial, and institutional uses in neighborhoods. 781 of 793 The proposed special use approvals will allow an existing locally owned and operated business to expand and provide a needed service to the surrounding community. Legislative History July 17, 2018: The ZBA unanimously recommended approval of the special uses with the following conditions: 1. Hours open to the public for drop-off and pick-up are limited to 6am - 7pm. 2. Properties shall be fit and retrofit with sound abatement measures to minimize the amount of sound audible to neighbors, including complaints that may occur after initial sound abatement measures are completed. 3. Loading zone pickup and drop off plan must be established and approved by staff. 4. No dog walking in Twiggs Park and the grassy neighborhood areas. 5. Substantial compliance with the documents and testimony on record. Attachments Proposed Ordinance 84-O-18 July 17, 2018 ZBA Draft Meeting Minutes Excerpt ZBA Findings for Special Use July 17, 2018 ZBA Packet Letter and Petition of Support 782 of 793 7/25/2018 8/15/2018 84-O-18 AN ORDINANCE Granting a Special Use Permit for a Daycare Center – Domestic Animal and a Kennel Located at 2118-2120 Ashland Avenue, 1625 Payne Street, 2147-2149 Dewey Avenue in the MXE Mixed-Use Employment District (“Rex’s Place”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on July 17, 2018, pursuant to proper notice, to consider case no. 18ZMJV-0058, an application filed by Kathy Lichtenstein (the “Applicant”), lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 2118-2120 Ashland Avenue, 1625 Payne Street, and 2147-2149 Dewey Avenue (the “Subject Property”) and located in the MXE Mixed-Use Employment Zoning, for a Special Use Permit to establish, pursuant to Subsection 6-13-4-3 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a Daycare Center – Domestic Animal and a Kennel, “Rex’s Place,” on the Subject Property; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and written findings that the application for a Special Use Permit for a Daycare Center – Domestic Animal and a Kennel met the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of August 13, 2018, the Planning and Development Committee of the City Council (“P&D Committee”) considered the ZBA’s 783 of 793 84-O-18 ~2~ record and findings and recommended the City Council accept the ZBA’s recommendation and approve the application in case no. 18ZMJV-0058; and WHEREAS, at its meetings of August 13, 2018 and September 17, 2018, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, as amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Daycare Center – Domestic Animal and a Kennel on the Subject Property as applied for in case no. 18ZMJV-0058. SECTION 3: Pursuant to Subsection 6-9-5-3 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant’s Special Use Permit, violation of any of which shall constitute grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-5 of the Zoning Ordinance: A. Compliance with Applicable Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with: all applicable legislation; the Applicant’s testimony and representations to the ZBA, the P&D Committee, and the City Council; and the approved plans and documents on file in this case. B. Hours of Operation: The Applicant may only open to the general public the Daycare Center – Domestic Animal and a Kennel for drop-off and pick-up between the hours of 6:00 a.m. and 7:00 p.m. on any given day. C. Sound Abatement: The Applicant shall fit or retrofit all of the Subject Property with sound abatement measures to minimize the amount of sound audible to neighbors, including complaints that may occur after initial sound abatement measures. 784 of 793 84-O-18 ~3~ D. Loading Zone: The Applicant shall obtain approval from the City of Evanston for all loading zone pick-up and drop-of plans. E. Dog Walking Prohibited: No dog walking shall occur in Twiggs Park and the grassy neighborhood areas surrounding the Subject Property. F. Operational Limitations: The interiors of the single family residences located at 2147 – 2149 Dewey Avenue shall not be used for the operation of a Daycare Center – Domestic Animal, and shall not be used as a kennel. F. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: 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 8: 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. 785 of 793 84-O-18 ~4~ Introduced: _________________, 2018 Adopted: ___________________, 2018 Approved: __________________________, 2018 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 786 of 793 84-O-18 ~5~ EXHIBIT A LEGAL DESCRIPTION LOTS 5, 6, AND 7 IN THAYER RESUBDIVISION OF LOTS 1 TO 8 INCLUSIVE OF BLOCK 7 IN PAYNE'S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PINs: 10-12-421-018-0000, 10-12-421-017-0000, 10-12-421-006-0000 COMMONLY KNOWN AS: 2118-2120 Ashland Avenue, Evanston, Illinois. LOTS 9 AND 10 IN BLOCK 6 IN PAYNE'S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 10-12-415-007-0000 10-12-415-006-0000 COMMONLY KNOWN AS: 1625 Payne Street, Evanston, Illinois. LOT 11 IN BLOCK 6 IN PAYNE'S ADDITION TO EVANSTON IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 10-12-415-005-0000 COMMONLY KNOWN AS: 2147 Dewey Avenue, Evanston, Illinois. PART OF LOT 12 IN BLOCK 6 IN PAYNE'S ADDITION TO EVANSTON, A SUBDIVISION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 10-12-415-004-0000 COMMONLY KNOWN AS: 2149 Dewey Avenue, Evanston, Illinois. 787 of 793 Page 1 of 3 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES EXCERPT ZONING BOARD OF APPEALS Tuesday, July 17, 2018 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Lisa Dziekan, Mary McAuley, Violetta Cullen, Kiril Mirintchev, Mary Beth Berns, Scott Gingold Members Absent: Myrna Arevalo Staff Present: Melissa Klotz, Scott Mangum Presiding Member: Mary Beth Berns Declaration of Quorum With a quorum present, Chair Berns called the meeting to order at 7:05 p.m. Minutes Ms. McAuley motioned to approve the meeting minutes of June 19, 2018, which were seconded by Ms. Dziekan and approved 4-0 with one abstention. Ms. Cullen arrived. New Business 2118-2120 Ashland Ave., 1625 Payne St., & 2147-2149 Dewey Ave. 18ZMJV-0058 Kathy Lichtenstein, lessee, applies for special use permits for a Daycare Center – Domestic Animal, and a Kennel, Rex’s Place, in the MXE Mixed -Use Employment District (Zoning Code Section 6-13-4-3). The applicant proposes a special use permit to expand the current Daycare Center – Domestic Animal at 2120 Ashland Ave. to include 2118-2120 Ashland Ave., and to include 2147 Dewey Ave. as the manager’s residence with outdoor animal space and 2149 Dewey Ave. as the business owner’s residence with outdoor animal space. The applicant also proposes a special use permit to expand the existing Kennel at 1625 Payne St. (that was previously approved as an accessory use to the Daycare Center – Domestic Animal at 2120 Ashland Ave.), and to include a Kennel at 2118 Ashland Ave. with outdoor animal space at 2147-2149 Dewey Ave. The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record and explained the proposal, including the current legally-nonconforming status of the business. Kathy Lichtenstein, applicant, explained: ● Animal noise will be minimized by soundproofing the walls and ceiling, mats on the floors, and individual kennels that do not face each other. ● The closest residence will be the manager’s house. ● Dogs are typically outside for one hour at a time per day. ● Currently have 50-90 dogs in the daycare, and propose 40 at the kennel. 788 of 793 Page 2 of 3 Zoning Board of Appeals ● Dogs are typically not walked around the neighborhood - there isn’t enough staff. Instead the dogs are walked down the alley into the outdoor space. Ms. McAuley noted she owns the property across the alley, and she does hear the dogs bark a lot when they are outside. She also explained there are burn spots in the grass all over the neighborhood from a combination of this business and another dog business in the area. Mr. Gingold noted a condition to recommend for the special use would be that the applicant work with neighbors to soundproof to minimize the noise to the extent possible. Ms. Lichtenstein agreed she would do that, and explained that with the expansion the business will have additional funds available for more improvements such as additional soundproofing. The applicant continued: ● On nice days only, 20-25 dogs are walked through the alley into the outdoor play area. That has been done for the last 8 years. ● Proposed kennel is at 2118 Ashland Ave. with t-shirt shop in between the proposed kennel and existing doggy daycare, all in the one building. ● Dogs are not taken outside until after 9am and are back inside by 1pm. ● Not all kennel dogs will use the outdoor space - some are not able to be around other dogs and need to remain in a cage. ● The amount of dogs in the outdoor play area at one time will not increase. ● The dogs do make noise during the day - usually during drop off since they are excited. Dogs in the kennel do not typically make noise; they just sleep. Ms. McAuley asked if a condition prohibiting the dogs being walked in Twiggs Park would be acceptable to ensure the park is not damaged, and Ms. Lichtenstein agreed. Charles Edwards, lives across the street and works at Auto Doctor, has no issue with the business itself, but clients that drop off dogs park everywhere. Ms. Lichtenstein explained she has applied for a loading zone in front of the garage door of the doggy daycare at 2118-2120 Ashland location, which would not remove any street parking. Mr. Edwards added the dogs that are outside do bark and it is loud and annoying. The expansion will be right next to his waiting room so he wants to ensure the noise from dogs outside will not travel into his quiet waiting room. Mr. Gingold noted the veterinarian on Central Street faced concerns regarding animal noise from the office uses adjacent and above, so sound deadening measures were taken, and Mr. Gingold has never heard any noises walking past there daily. Dolly Patterson, 1812 Brummel, stated her dog attends Rex’s Place and she has seen the business grow over the years. The facility is extremely clean. Dogs are excited during drop off but then settle down. The only alternative in Evanston is caging at Petsmart, which is not a viable option for many animals. Sally Bardon, 1111 Church St., explained she has a small, tense dog that is not happy when home alone so he attends Rex’s Place a couple of times a week. Ms. Bardon 789 of 793 Page 3 of 3 Zoning Board of Appeals explained her dog is aging and may need to be placed in a cage in the future instead of within the free-range area, so the additional kennels are extremely useful. Rachel Talin, 2127 Ashland Ave., explained she does not want to discourage business expansion, but wants to ensure there is proper sound abatement ahead of time, and the drop-off parking situation needs to be addressed. There should be a formal plan established to ensure the drop-off zone is properly utilized. Deliberation: Mr. Gingold stated he hears legitimate concerns that need to be addressed via conditions, but is supportive of the proposal. Ms. Dziekan noted her dog has attended Rex’s Place on occasion and understands the community need. There are conditions to be thoughtful about minimizing impacts on adjacent properties. Mr. Gingold stated sound abatement is needed for the current location and expansion locations, and that the applicant should work with staff to establish a drop-off zone. Ms. McAuley added there should be conditions for no dog walking in Twiggs Park or throughout the neighborhood. Standards: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. NA 8. NA 9. Yes Mr. Gingold motioned to recommend approval with conditions: 1. Hours open to the public for drop-off and pick-up are limited to 6am - 7pm 2. All subject properties shall be fit and retrofit with sound abatement measures to minimize the amount of sound audible to neighbors, including complaints that may occur after initial sound abatement measures are enacted. 3. Loading zone for pick-up and drop-off shall be established and approved by staff. 4. No dog walking in Twiggs Park and the grassy neighborhood areas. 5. Substantial compliance with the documents and testimony on record. The motion was seconded by Ms. Cullen and unanimously recommended for approval. 790 of 793 P LANNING AND Z ONING D IVISION 847-448-8230 zoning@cityofevanston.org Community Development Department www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3202 Evanston, IL 60201 FF II NN DD II NN GG SS FOR STANDARDS OF SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS In the case of After conducting a public hearing on July 17, 2018, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearings, based upon the standards for special uses specified in Section 6-3-5-10 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 6-0 (B) It is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance as amended from time to time; ___X___Met _____Not Met Vote 6-0 (C) It will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use upon the city as a whole; ___X___Met _____Not Met Vote 6-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 6-0 Case Number: 18ZMJV-0058 Address or Location: 2118-2120 Ashland Ave., 1625 Payne St., 2147-2149 Dewey Ave. Applicant: Kathy Lichtenstein, operator Proposed Special Use: Daycare Center – Domestic Animal, and Kennel, Rex’s Place 791 of 793 P LANNING AND Z ONING D IVISION 847-448-8230 zoning@cityofevanston.org Community Development Department www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3202 Evanston, IL 60201 (E) It can be adequately served by public facilities and services ___X___Met _____Not Met Vote 6-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 6-0 (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 6-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 6-0 (I) It complies with all other applicable regulations of the district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the grant of a variation. ___X___Met _____Not Met Vote 6-0 and, based upon these findings, and upon a vote __6__ in favor & __0__ against Recommends to the City Council _____ approval without conditions _____ denial of the proposed special use __x__ approval with conditions specifically: 1. Hours open to the public for drop-off and pick-up are limited to 6am - 7pm 2. Properties shall be fit and retrofit with sound abatement measures to minimize the amount of sound audible to neighbors, including complaints that may occur after initial sound abatement measures are completed. 3. Loading zone pickup and drop off plan shall be established and approved by staff. 4. No dog walking in Twiggs Park and the grassy neighborhood areas. 5. Substantial compliance with the documents and testimony on record. Attending: Vote: Aye No ___X__ Mary Beth Berns __X__ ____ _______ Myrna Arevalo _____ ____ ___X___ Scott Gingold __X__ ____ ___X___ Violetta Cullen __X__ ____ 792 of 793 P LANNING AND Z ONING D IVISION 847-448-8230 zoning@cityofevanston.org Community Development Department www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3202 Evanston, IL 60201 ___X___ Lisa Dziekan __X__ ____ ___X___ Mary McAuley __X__ ____ ___X___ Kiril Mirintchev __X__ ____ 793 of 793