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07.10.23
AGENDA City Council Monday, July 10, 2023 Lorraine H. Morton Civic Center, James C. Lytle City Council Chambers, Room 2800 6:30 PM Administration & Public Works Committee begins at 5:00pm Planning & Development Committee begins at 5:30pm City Council convenes at 6:30pm or the conclusion of Planning & Development Committee Join Zoom Meeting https://us06web.zoom.us/j/89453896693?pwd=bUVOSjlIekJrSmRuWFB4UW84VnVnQT09 Meeting ID: 894 5389 6693 Passcode: 575741 Those wishing to make public comments at the Administrative & Public Works Committee, Planning & Development Committee or City Council meetings may submit written comments in advance or sign up to provide public comment by phone or video during the meeting by completing the City Clerk's Office's online form at www.cityofevanston.org/government/city- clerk/public-comment-sign-up or by calling/texting 847-448-4311. Community members may watch the City Council meeting online at www.cityofevanston.org/channel16 or on Cable Channel 16. The City of Evanston is committed to making all public meetings accessible to persons with disabilities. Any citizen needing mobility or communications access assistance should contact 847-866-2919 (Voice) or 847-866-5095 (TYY). Requests for access assistance must be made 48 hours (two working days) in advance. Requests received with less than 48 hours (two working days) advance notice will be attempted using best efforts, but cannot be guaranteed. Page (I) ROLL CALL - COUNCILMEMBER GARACARIS (II) MAYOR PUBLIC ANNOUNCEMENTS AND PROCLAMATIONS Page 1 of 408 (III) CITY MANAGER PUBLIC ANNOUNCEMENTS (IV) COMMUNICATIONS: CITY CLERK (V) PUBLIC COMMENT Members of the public are welcome to speak at City Council meetings. As part of the Council agenda, a period for public comments shall be offered at the commencement of each regular Council meeting. Public comments will be noted in the City Council Minutes and become part of the official record. Those wishing to speak should sign their name and the agenda item or non-agenda topic to be addressed on a designated participation sheet. If there are five or fewer speakers, fifteen minutes shall be provided for Public Comment. If there are more than five spe akers, 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. Councilmembers do not respond during Public Comment. Public Comment is intended to foster dialogue in a respectful and civil manner. Any person who makes such remarks, or who utters loud, threatening, personal or abusive language, or engages in any other disorderly conduct which disrupts, disturbs or otherwise impedes the orderly conduct of a meeting shall, at the discretion of the mayor or presiding officer, be barred from further participation during that meeting. Public comments are requested to be made with these guidelines in mind. (VI) CONSENT AGENDA - CITY COUNCIL MINUTES M1. Approval of the Minutes of the Regular City Council meeting of June 26, 2023 Staff recommends the approval of the Minutes of the Regular City Council meeting of June 26, 2023 For Action Approval of the Minutes of the Regular City Council meeting of June 26, 2023 11 - 26 Page 2 of 408 (VII) CONSENT AGENDA - ADMINISTRATION & PUBLIC WORKS COMMITTEE A1. Approval of the City of Evanston Payroll, Bills List, and Credit Card Activity Staff recommends City Council approval of the City of Evanston Payroll for the period of June 5, 2023, through June 18, 2023, in the amount of $3,682,033.56 and the Bills List for July 11, 2023, in the amount of $4,379,004.06 and credit card activity for the period ending May 26, 2023, in the amount of $291,392.01 For Action Approval of the City of Evanston Payroll and Bills List 27 A2. Approval of BMO Harris Amazon Credit Card Activity Staff recommends approval of the City of Evanston’s BMO Harris Amazon Credit Card Activity for the period ending May 26, 2023, in the amount of $19,543.56. For Action Approval of BMO Harris Amazon Credit Card Activity 28 - 30 A3. Approval for a Sole-Source, Three-Year Agreement with Rubicon Global LLC for the RUBICON SmartCity Digital Waste Solution Software Staff recommends the City Council authorize the City Manager to execute a sole-source, three-year agreement with Rubicon Global LLC (335 Madison Ave, Floor 4, New York, NY, 10017) for the purchase of RUBICON SmartCity digital waste solution software in the amount of $64,720.00. A sole-source purchase requires a 2/3 vote of the Councilmembers. Funding is provided from the Solid Waste Fund (SWF) (Account 520.40.4310.62509) Service Agreements/Contracts. This purchase is budgeted for $28,240.00 in FY2023 and $18,240.00 in FY2024 and FY2025. Yearly cellular service of $4,800.00 will be provided from (Account 520.40.4310.64540) Telecommunications-Wireless. The purchase of ten (10) tablets for $5,499.90 will be purchased from (Account 520.40.4310.65555) Personal Computer Equipment. For Action Approval for a Sole-Source, Three-Year Agreement with Rubicon Global LLC for the RUBICON SmartCity Digital Waste Solution Software 31 - 51 Page 3 of 408 A4. Approval of a Three-Year, Sole-Source Agreement with Invoice Cloud for the Software-as-a-Service (SaaS) Electronic Bill Presentment and Payment Platform Staff recommends the City Council authorize the City Manager to execute a three-year, sole-source agreement with Invoice Cloud (30 Braintree, Hill Office Park, Suite 303, Braintree, MA 02184) for the Software-as-a-Service (SaaS) Electronic Bill Presentment and Payment Platform (EBPP) in the amount of $205,833.00. This contract includes two optional 1-year extensions. A sole source purchase requires a 2/3 vote of the Councilmembers. Funding is provided by the Water Fund, Other Operations Business Unit (Account 510.40.4225.62340), which has an approved FY 2023 budget of $254,000 and a YTD balance of $150,870.00. For Action Approval of a Three-Year, Sole-Source Agreement with Invoice Cloud for the Software-as-a-Service (SaaS) Electronic Bill Presentment and Payment Platform 52 - 54 A5. Approval of an Agreement with Studio AH, LLC dba HPZS for Consulting Services Related to the Ecology Center Renovation (RFP 22-51) Staff recommends the City Council authorize the City Manager to execute an agreement with Studio AH, LLC dba HPZS (213 W. Institute Place, Suite 502, Chicago, Illinois 60610) for consulting services related to the Ecology Center Renovation (RFP 22-51) in the amount of $248,532.12. Funding will be from the Capital Improvement Fund 2018 General Obligation Bond in the amount of $20,032 and from the 2022 General Obligation Bond in the amount of $228,500. A detailed breakdown of funding is included in the attached memo. For Action Approval of an Agreement with Studio AH, LLC dba HPZS for Consulting Services Related to the Ecology Center Renovation (RFP 22-51) 55 - 58 Page 4 of 408 A6. Approval of Contract Award to HDR-A for the Comprehensive Plan and Zoning Code (RFP No. 23-32) The City Council discussed and directed staff to issue a Request for Proposals to rewrite the City's Comprehensive Plan and Zoning Code. Proposals were received from four firms and evaluated in accordance with the City's purchasing manual. Staff requests the City Council approve a contract with HDR-A in the amount of $750,000 to complete this effort. Funding will be provided by the American Rescue Plan Act (ARPA), account 170.99.9963.62236 For Action Approval of Contract Award to HDR-A for the Comprehensive Plan and Zoning Code (RFP No. 23-32) 59 - 152 A7. Approval to Participate in the “Putting Assets to Work” Incubator Staff recommends City Council approval to accept an invitation to participate in the nonpartisan “Putting Assets to Work Incubator.” The City will need to provide a total of $125,000 matching requirements. At the end of the program, the City will receive an asset map that catalogs all public real estate assets and a strategy to utilize our public facilities better, help meet CARP goals, and provide guidance on the potential for converting or retrofitting, or sharing space for housing development. Funding will be from the City Manager’s Office, Service/Agreements/Contracts (100.15.1505.62509) which has a FY23 budget of $210,000 and a remaining balance of $82,842. The remaining cost will be provided by the City Manager’s Office Regular Pay a ccount (100.15.1505.61010), which is projected to be significantly under budget. The account has an FY23 approved budget of $1,019,625, of which only 37% is spent, and has a remaining balance of $637,464. For Action Approval to Submit an Application for “Putting Assets to W ork” Incubator 153 - 173 A8. Approval of Expression of Interest by Shell Equilon Enterprises LLC to Install Electric Vehicle Charging Stations in Public Parking Facilities Staff recommends the City Council authorize the City Manager to execute an Expression of Interest with Shell Equilon Enterprises LLC to Install Electric Vehicle Charging Stations in Public Parking Facilities. For Action Approval of Expression of Interest by Shell Equilon Enterprises LLC to Install Electric Vehicle Charging Stations in Public Parking Facilities 174 - 192 Page 5 of 408 A9. Resolution 42-R-23, Authorizing the City Clerk to Sign an Illinois Department of Transportation Resolution for Improvement under the Illinois Highway Code and Rebuild Illinois for Leon Place Reconstruction Project Staff recommends City Council adoption of Resolution 42 -R-23, Authorizing the City Clerk to Sign an Illinois Department of Transportation Resolution for Improvement under the Illinois Highway Code and Rebuild Illinois Program for Leon Place Reconstruction Project. Funding will be provided from Rebuild Illinois Funds in the Motor Fuel Tax (MFT) Fund (Account 200.40.5105.62145 - 423015) in the amount of $138,364. This project is not budgeted, but there is available funding in the amount of $979,142. For Action Resolution 42-R-23, Authorizing the City Clerk to Sign an Illinois Department of Transportation Resolution 193 - 200 A10. Resolution 43-R-23, Approving the Release of Closed Session Minutes Staff recommends the City Council adopt Resolution 43-R-23, releasing the closed session minutes listed on Exhibit A to the Resolution. For Action Resolution 43-R-23, Approving the Release of Closed Session Minutes 201 - 204 A11. Resolution 44-R-23, Authorizing the Settlement and Release of All Claims in Daley v. City of Evanston Staff Recommends approval of Resolution 44-R-23, authorizing the City of Evanston to issue a settlement payment pursuant to a settlement agreement and release in Daley v. City of Evanston (EEOC Charge 440 - 2023-03456 and IDHR Charge 2023CF0729). Funding will be provided from the Insurance Fund Settlement Costs - Liability (Account 605.99.7800.62260) For Action Resolution 44-R-23, Authorizing the Settlement and Release of All Claims in Daley v. City of Evanston 205 - 207 Page 6 of 408 A12. Ordinance 63-O-23, Amending City Code Section 3-4-6(P-2) to Allow the Limited Service of Wine and Craft Cocktails at Craft Breweries The Liquor Control Review Board Recommends Adoption of Ordinance 63-O-23, Amending City Code Section 3-4-6(P-2) to Allow the Limited Service of Wine and Craft Cocktails by Craft Breweries. For Introduction Ordinance 63-O-23, Amending City Code Section 3-4-6(P-2) to Allow the Limited Service of Wine and Craft Cocktails at Craft Breweries 208 - 212 A13. Ordinance 64-O-23, Amending City Code Section 3-4-6(R-1) to Prohibit the Service of Alcohol in Glass or Plastic Containers The Liquor Control Review Board recommends City Council approval of Ordinance 64-O-23, amending City Code Section 3-4-6(R-1) to prohibit the service of alcohol in glass or plastic containers. For Introduction Ordinance 64-O-23, Amending City Code Section 3-4-6(R-1) to Prohibit the Service of Alcohol in Glass or Plastic Containers 213 - 216 A14. Ordinance 66-O-23 Amending City Code Section 10-11-12 "Parking Meter Zones" and Section 10-11-7 "Passenger Loading Zones, Public Carrier Stops and Stands." Councilmember Revelle recommends that the Administration and Public Works Committee and City Council approve amending Title 10, Chapter 11, Section 12 Schedule XII (B) of the Evanston city code (“Parking Meter Zones”) to add metered spaces on the 1700 block of Central St. to the 4-hour max limit portion of the code, and Title 10, Chapter 11, Section 7 “Loading Zones” to create a new “Medical Loading Zone” at 1732 Central St., between the hours of 7:00 am -5:00 pm, Monday- Friday. For Introduction Ordinance 66-O-23 Amending City Code Section 10-11-12 “Parking Meter Zones" and Section 10-11-7 "Passenger Loading Zones, Public Carrier Stops and Stands 217 - 220 Page 7 of 408 A15. Ordinance 62-O-23, Amending Title 1, Chapter 17, Section 1 "Purchases of Goods or Services" Recommendation to the City Council of Passage of Ordinance 62 -O-23 Amending Title 1, Chapter 17, Section 1 "Purchases of Goods or Services." For Action Ordinance 62-O-23, Amending Title 1, Chapter 17, Section 1 "Purchases of Goods or Services" 221 - 225 (VIII) CONSENT AGENDA - PLANNING & DEVELOPMENT COMMITTEE P1. Ordinance 15-O-23, Amending Title 7, Chapter 8 Concerning the Protection of Trees on Private Property The Environment Board recommends City Council approval of Ordinance 15-O-23, Amending Title 7, Chapter 8, Concerning the Protection of Private Trees. For Introduction Ordinance 15-O-23, Amending Title 7, Chapter 8 Concerning the Protection of Trees on Private Property 226 - 250 P2. Ordinances 68-O-23 and 69-O-23 Amending Title 6 of the City Code with an Omnibus Text Amendment Package to Provide Clarifications and Updates to the Zoning Ordinance. The Land Use Commission recommends the adoption of Ordinances 68-O-23 and 69-O-23, an Omnibus Text Amendment Package to clarify and update regulations in the Zoning Code pertaining to signs, Transit Oriented Development (TOD) areas, unique adaptive uses, accessory structures, loading berths, patios and terraces, mixed-use markets, and adjustments to development plans. These text amendments were identified and referred by the Land Use Commission to address current zoning and land use issues that need clarification and updating immediately and that should not wait for the new Zoning Ordinance and Comprehensive Plan. The proposed Zoning Ordinance clarifications and updates meet the Standards for Approval for text amendments. For Introduction Ordinances 68-O-23 and 69-O-23 Amending Title 6 of the City Code with an Omnibus Text Amendment Package to Provide Clarifications and Updates to the Zoning Ordinance 251 - 319 Page 8 of 408 P3. Resolution 22-R-23, Approving a Plat of Subdivision for 1801-1815 Church Street and 1708-1710 Darrow Avenue for the Mt. Pisgah Subdivision. Staff recommends approval of Resolution 22 -R-23, Approving a Plat of Subdivision for 1801-1815 Church Street and 1708-1710 Darrow Avenue for the Mt. Pisgah subdivision. For Action Resolution 22-R-23, Approving a Plat of Subdivision for 1801-1815 Church Street and 1708-1710 Darrow Avenue, for the Mt. Pisgah Subdivision 320 - 331 P4. Ordinance 51-O-23 Authorizing the Sale Of City-Owned Real Property at 1805 Church Street, 1708 Darrow Avenue, and 1710 Darrow Avenue, Evanston, Illinois Staff recommends approval of Ordinance 51-O-23, authorizing the City Manager to execute a sale contract for City-owned real property located at 1805 Church Street, 1708 Darrow Avenue, and 1710 Darrow Avenue, to Housing Opportunity Development Corporation (“HODC”) for a mixed - use development with 33 units of affordable housing. A two-thirds majority vote of the Councilmembers is required for adoption of this ordinance. For Action Ordinance 51-O-23 Authorizing the Sale Of City-Owned Real Property at 1805 Church Street, 1708 Darrow Avenue, and 1710 Darrow Avenue, Evanston, Illinois 332 - 390 P5. Ordinance 55-O-23, granting a Special Use Permit for a Convenience Store at 831 Foster Street in the B1 Business District The Land Use Commission recommends the adoption of Ordinance 55 - O-23 granting a Special Use Permit for a Convenience Store at 831 Foster Street in the B1 Business District. The applicant has complied with all zoning requirements and meets all of the Standards for Special Use for this district. For Action Ordinance 55-O-23, granting a Special Use Permit for a Convenience Store, at 831 Foster Street in the B1 Business District 391 - 400 Page 9 of 408 (IX) CONSENT AGENDA - HUMAN SERVICES COMMITTEE HS1. Ordinance 2-O-23, Amending the City Code, "Creating Title 12 "Consumer Protections" Chapter 1, Cashless Establishments Prohibited. Staff is providing City Council with the following information to consider Ordinance 2-O-23, Amending the City Code, "Creating Title 12 "Consumer Protections" Chapter 1, Cashless Establishments Prohibited. For Action Ordinance 2-O-23, Amending the City Code, “Creating Title 12 "Consumer Protections" Chapter 1, Cashless Establishments Prohibited 401 - 408 (X) CALL OF THE WARDS (Councilmembers shall be called upon by the Mayor to announce or provide information about any Ward or City matter which a Councilmember desires to bring before the Council.) {Council Rule 2.1(10)} (XI) EXECUTIVE SESSION (XII) ADJOURNMENT (XIII) UPCOMING COMMITTEE MEETINGS DATE TIME BOARD/COMMITTEE/COMMISSION 7/11/2023 5:00PM Finance & Budget Committee 7/11/2023 7:00PM Preservation Commission 7/12/2023 6:30PM Citizen Police Review Commission 7/12/2023 7:00PM Land Use Commission 7/13/2023 7:00PM Social Services Committee 7/14/2023 7:15AM Utilities Commission 7/17/2023 5:00PM Rules Committee 7/17/2023 6:00PM Human Services Committee 7/18/2023 7:00PM Housing & Community Development Committee 7/19/2023 6:00PM Participatory Budgeting Leadership Committee 7/19/2023 6:00PM M/W/D/EBE Development Committee 7/20/2023 6:00PM Parks & Recreation Board Page 10 of 408 Memorandum To: Honorable Mayor and Members of the City Council From: Omar Sheikh, Deputy City Clerk Subject: Approval of the Minutes of the Regular City Council meeting of June 26, 2023 Date: July 10, 2023 Recommended Action: Staff recommends the approval of the Minutes of the Regular City Council meeting of June 26, 2023 Council Action: For Action Summary: The Minutes of the Regular City Council of June 26, 2023, are attached for review and approval by the City Council. Attachments: City Council Meeting Minutes - June 26, 2023 M1.Page 11 of 408 Page 1 MINUTES June 26,2023 REGULAR CITY COUNCIL MEETING CITY OF EVANSTON,ILLINOIS LORRAINE H.MORTON CIVIC CENTER JAMES C.LYTLE COUNCIL CHAMBERS Monday,June 26,2023 Present:Councilmember Kelly Councilmember Revelle Councilmember Harris Councilmember Reid Councilmember Nieuwsma Councilmember Geracaris Councilmember Burns (7) Absent:Councilmember Wynne Councilmember Suffredin Presiding:Mayor Daniel Biss Stephanie Mendoza City Clerk Page 2 of 16 M1.Page 12 of 408 Page 2 MINUTES June 26,2023 (II)MAYOR PUBLIC ANNOUNCEMENTS &PROCLAMATIONS Mayor Daniel Biss Park and Recreation Month -July 2023 (III)CITY MANAGER PUBLIC ANNOUNCEMENTS City Manager Luke Stowe Liam Bird -Manager of Organizational Performance and Equity EC2Cs Advocates para la Acción,newest Advocates and Leaders of the Evanston Community (IV)COMMUNICATIONS:CITY CLERK City Clerk Stephanie Mendoza (V)PUBLIC COMMENT Name Agenda Item /Topic Name Agenda Item /Topic Laura Kushner P3 Patrick Hughes,Jr.Appreciation Matthew Struve SP2 Michael Vasilko A6,A13,Ryan Field Emily Jakobsen HS1 Lesley Williams SP2,P1,P2 Geoffrey Bushor SP2,P1,P2 Sara Hines HS1 Sue Loellbach SP1,P1,P4,HCDC1 Trisha Connolly SP2 Haley Guion P1 Erin Jackson P1 Written Received Public Comment (VI)SPECIAL ORDERS OF BUSINESS SP1.Evanston Ecology Center Options for Repairs and Renovation was discussed Staff sought direction from City Council regarding options for repairs and renovation of the Evanston Ecology Center. Motion:Councilmember Reid Second:Councilmember Harris For Discussion Page 3 of 16 M1.Page 13 of 408 Page 3 MINUTES June 26,2023 (VI)SPECIAL ORDERS OF BUSINESS SP2.The Funding for the Housing Opportunity Development Corporation (HODC) Mixed-Use Project at 1811-1815 Church,including 33 Units of Affordable Housing was approved as amended The Housing and Community Development Committee and staff recommended approval of $4,000,000 for gap financing for the HODC mixed-use project at 1811-1815 Church Street that will provide new affordable housing units and retail/commercial space. $1,500,000 in West Evanston TIF funding,account 335.99.5870.62490.Approximately $3,300,000 is available in this fund as of June 2023. $1,500,000 of ARPA funding,account 170.99.1700.55271 $1,000,000 from the City’s Affordable Housing Fund,account 250.21.5465.65530.The AHF currently has a cash balance of approximately $2,000,000. Motion:Councilmember Reid Second:Councilmember Nieuwsma Councilmember Reid moved to change language to The city will provide gap funding “up to”:1.5 Million West Evanston TIF,1.5 Million ARPA,1 Million Affordable Housing Fund Motion:Councilmember Reid Second:Councilmember Revelle Councilmember Reid moved to table this item until end of the Council meeting Motion:Councilmember Reid Second:Councilmember Nieuwsma Motion Passed 7 -0 Ayes:Kelly,Harris,Nieuwsma,Burns,Revelle,Reid,Geracaris Nayes:None Absent:Wynne,Suffredin Page 4 of 16 M1.Page 14 of 408 Page 4 MINUTES June 26,2023 (VI)SPECIAL ORDERS OF BUSINESS SP2. (cont.) The Funding for the Housing Opportunity Development Corporation (HODC) Mixed-Use Project at 1811-1815 Church,including 33 Units of Affordable Housing was approved as amended Councilmember Reid moved to untable this item Motion:Councilmember Reid Second:Councilmember Harris Motion Passed 7 -0 Ayes:Kelly,Harris,Nieuwsma,Burns,Revelle,Reid,Geracaris Nayes:None Absent:Wynne,Suffredin Councilmember Reid withdrew his motion to amend this item Councilmember Reid moved to change language to The city will provide gap funding “up to”:1 Million West Evanston TIF,1.5 Million ARPA,1.5 Million Affordable Housing Fund and Home Act Funds Motion:Councilmember Reid Second:Councilmember Harris Motion Passed 7 -0 Ayes:Kelly,Harris,Nieuwsma,Burns,Revelle,Reid,Geracaris Nayes:None Absent:Wynne,Suffredin For Action Item Approved as Amended 6 -1 Ayes:Harris,Nieuwsma,Burns,Revelle,Reid,Geracaris Nayes:Kelly Absent:Wynne,Suffredin CONSENT AGENDA Items A6,P1,P3,P4,HCDC1 and HS1 were removed from the Consent Agenda Motion:Councilmember Reid Second:Councilmember Harris For Action Items Approved 7 -0 Ayes:Kelly,Harris,Nieuwsma,Burns,Revelle,Reid,Geracaris Nayes:None Absent:Wynne,Suffredin Page 5 of 16 M1.Page 15 of 408 Page 5 MINUTES June 26,2023 (VII)CONSENT AGENDA -CITY COUNCIL MINUTES M1.The Minutes of the Regular City Council Meeting of June 12,2023 were approved Staff recommended the approval of the Minutes of the Regular City Council meeting of June 12,2023. For Action Approved on Consent Agenda (VIII)CONSENT AGENDA -ADMINISTRATION &PUBLIC WORKS COMMITTEE A1.City of Evanston Payroll,Bills List,and Credit Card Activity was approved Staff recommended City Council approval of the City of Evanston Payroll for the period of May 22,2023,through June 4,2023,in the amount of $3,182,986.34 and the Bills List for June 27,2023,in the amount of $3,788,307.24. For Action Approved on Consent Agenda A2.A Single-Source Purchase from TAPCO Traffic &Parking Control Company,Inc.of LED Solar-Powered Pedestrian Crosswalk Blinker Warning Signs was approved Staff recommended that City Council authorize a single-source purchase from the TAPCO Traffic &Parking Control Company,Inc.(5100 W.Brown Deer Road,Brown Deer,WI 53223)for LED Solar-Powered Pedestrian Crosswalk Blinker Warning signs in the amount of $71,835.28.A single-source purchase requires a two-thirds vote of the Councilmembers. This project will be funded from ARPA Funds designated for safety treatments at crosswalks (Account 170.99.1700.55251).$300,000 was allocated for this project,all of which is remaining. For Action Approved on Consent Agenda Page 6 of 16 M1.Page 16 of 408 Page 6 MINUTES June 26,2023 (VIII)CONSENT AGENDA -ADMINISTRATION &PUBLIC WORKS COMMITTEE A3.A Contract Award with Capitol Cement Co.,Inc.for the 2023 Alley Improvements (Bid No.23-27)was approved Staff recommended that City Council authorize the City Manager to execute an agreement with Capitol Cement Co.,Inc.(6231 North Pulaski Road,Chicago,IL 60646) for the 2023 Alley Improvements (Bid No.23-27)in the amount of $1,317,934.00. Funding is provided from the Waste Transfer Settlement (WTS)Fund in the amount of $329,212.00;the Community Development Block Grant (CDBG)Fund in the amount of $460,000.00;the Chicago-Main Tax Increment Finance (TIF)Fund in the amount of $310,000.00;the Sewer Fund in the amount of $152,872.00;and the 2023 General Obligation (GO)Bond Fund in the amount of $65,850.00. For Action Approved on Consent Agenda A4.A Contract with Terra Engineering for Engineering Services for Sidewalk Improvement Related to Safe Routes to School Grant (RFQ 23-18)was approved Staff recommended that City Council authorize the City Manager to execute a contract with Terra Engineering,LTD (225 West Ohio Street,4th Floor,Chicago,IL 60654)to provide engineering services for the sidewalk improvement project related to the Safe Routes to School Grant (RFQ 23-18)in the amount of $65,207. This project will be funded from the Capital Improvement Fund 2023 General Obligation Bonds in the amount of $65,207 (Account 415.40.4123.62145 -423014). For Action Approved on Consent Agenda A5.A Contract with St.Francis Crematory &Kennels,Inc.for Dead Animal Collection was approved Staff recommended that the City Council authorize the City Manager to execute a contract with St.Francis Crematory &Kennels,Inc.(6N441 Catalpa Avenue,Wood Dale, Illinois 60191)for dead animal collection in the amount of $121,860.00. This contract is not budgeted.Funding will be provided by the General Fund through the Police Department,Animal Control Division (Account 100.22.2280.62509),which will require a budget increase of $40,000 in FY 2023 and an increase of $82,000 in FY 2024. For Action Approved on Consent Agenda Page 7 of 16 M1.Page 17 of 408 Page 7 MINUTES June 26,2023 (VIII)CONSENT AGENDA -ADMINISTRATION &PUBLIC WORKS COMMITTEE A6.A Purchase of One (1)2023 Nissan Rogue for the Parking Enforcement Division of the Administrative Services Department was approved Staff recommended the City Council authorize the City Manager to enter into a purchase agreement with Autobarn Nissan Inc.(2201 Autobarn Place,Evanston,IL 60202)in the amount of $33,772.26 for one (1)2023 Nissan Rogue as a replacement for an existing vehicle #115 for the Parking Enforcement Division of the Administrative Services Department. Funding for one (1)2023 Nissan Rogue will be from the Automotive Equipment Fund (Account 601.19.7780.65550)in the amount of $33,772.26,which has a FY 2023 budgeted amount of $2,700,000.00.This expenditure represents 1.25%of this budgeted amount. Motion:Councilmember Nieuwsma Second:Councilmember Harris For Action Item Approved 6 -0 Ayes:Kelly,Nieuwsma,Burns,Revelle,Reid,Geracaris Nayes:None Absent:Harris,Wynne,Suffredin A7.The Repair of the Evanston Fire Department Ladder Truck #311 was approved Staff requested the City Council authorize the City Manager to approve automotive work in the amount of $39,054.65 to MacQueen Emergency (1125 7th Street East,St.Paul, MN 55106)for the inspection and preventative maintenance repairs to Ladder Truck #311. Funding for this repair will be from the Fleet Services Fund,Materials to Maintain Autos Account (600.19.7710.655060)in the amount of $39,054.65,which has a FY 2023 budgeted amount of $1,155,2520.00 with an unencumbered balance of $448,118.83. For Action Approved on Consent Agenda Page 8 of 16 M1.Page 18 of 408 Page 8 MINUTES June 26,2023 (VIII)CONSENT AGENDA -ADMINISTRATION &PUBLIC WORKS COMMITTEE A8.A Sole Source Renewal of VMware ESXi Licensing -3yr Subscription to VSphere+ was approved Staff recommended the City Council authorize a three-year renewal for support and licensing of VMware ESXi systems and VSphere+software from Dell Technologies (One Dell Way,Mail Stop 8129,Round Rock,TX 78682)in the amount of $26,902.40.A sole-source purchase requires a 2/3 vote of the Councilmembers. This expense will be charged to IT account 100.19.1932.62340 (IT Computer Software) which has a FY 2023 budgeted amount of $1,420,000.00 and a year-to-date balance of $861,012.82. For Action Approved on Consent Agenda A9.A Sole Source Purchase from Kovilic Construction Co.,Inc.for Dock Repairs was approved Staff recommended the sole source purchase from Kovilic Construction,Inc.(3721 Carnation Ave.,Franklin Park,IL 60131)for repairs to Church Street Harbor dock for $27,500.00.A Sole Source purchase requires a two-thirds vote of the Councilmembers. This purchase will be split three ways between the Fire Department,Parks and Recreation,and Administrative Services (Fleet and Facilities).Fire:100.23.2325.65090, PRCS:100.30.3065.65150,Administrative Services:100.19.1950.65050. For Action Approved on Consent Agenda A10.A Sole Source purchase from Stryker Sales Corporation for three LUCAS devices was approved Staff recommended the sole source purchase from Stryker Sales Corporation (P.O.Box 93308,Chicago,IL 60673)for three LUCAS devices and related parts for $56,876.85. A sole source purchase requires a two-thirds vote of the Councilmembers. This expense will be charged to the Fire Suppression Budget using GL 100.23.2315.65075,which has a 2023 Budget of $20,000.000 with a remaining budget of $15,010.18 YTD.This expense will also be offset by revenue of $56,876.85 from a grant which EFD received from the Evanston First Responder Foundation (EFRF)in Spring 2023. For Action Approved on Consent Agenda Page 9 of 16 M1.Page 19 of 408 Page 9 MINUTES June 26,2023 (VIII)CONSENT AGENDA -ADMINISTRATION &PUBLIC WORKS COMMITTEE A11.The Amendment No.3 of the Contract with Kimley-Horn (RFQ 19-58)for the Traffic Signal Coordination and Timing Engineering Services was approved Staff recommended that City Council authorize the City Manager to execute Amendment No.3 to the contract with Kimley-Horn (4201 Winfield Road,Suite 600,Warrenville,IL 60555)to provide Signal Coordination and Timing (SCAT)engineering services for the 28 interconnected traffic signals on the Ridge Avenue/Asbury Avenue/Davis Street/Church Street System and on the Ridge Avenue/Emerson Street/Green Bay Road System in the amount $109,688. The project will be funded from the Capital Improvement Fund 2023 General Obligation Bonds. For Action Approved on Consent Agenda A12.A Change Order No.3 to Contract with Bodala,LLC,dba Central Rug &Carpet for Interior Renovations at Lovelace Park Field House (Bid 22-67)was approved Staff recommended that City Council authorize the City Manager to execute Change Order No.3 to the contract with Bodala,LLC,dba Central Rug &Carpet (3006 Central Street,Evanston,Illinois)for the Interior Renovations at Lovelace Park Field House (Bid 22-67)in the amount of $914.00.This will increase the overall contract amount from $269,449 to $270,363. Funding will be provided through the Capital Improvement Fund 2022 General Obligation Bond Fund (Account 415.40.4122.65515 -622005),which was budgeted at $300,000 with $30,551 remaining. For Action Approved on Consent Agenda A13.Ordinance 62-O-23,Amending Title 1,Chapter 17,Section 1 "Purchases of Goods or Services"was approved for introduction Recommendation to the City Council of Passage of Ordinance 62-O-23 Amending Title 1,Chapter 17,Section 1 "Purchases of Goods or Services." For Action Approved on Consent Agenda for Introduction Page 10 of 16 M1.Page 20 of 408 Page 10 MINUTES June 26,2023 (VIII)CONSENT AGENDA -ADMINISTRATION &PUBLIC WORKS COMMITTEE A14.Ordinance 52-O-23 Amending City Code Section 10-11-10 "Limited Parking"was adopted Councilmember Nieuwsma and Staff recommended the adoption of Ordinance 52-O-23 amending Title 10,Chapter 11,Section 10 Schedule X(F)(8)“Limited Parking”to remove approximately four spaces designated as District F permit required spaces. For Action Adopted on Consent Agenda A15.Ordinance 53-O-23,Authorizing the City Manager to Negotiate the Sale Of City-Owned Real Property Located East of 2137 Crawford Avenue was adopted Staff recommended City Council adopt Ordinance 53-O-23,Authorizing the City Manager to Negotiate the Sale Of City-Owned Real Property Located East of 2137 Crawford Avenue.A two-thirds of the Councilmembers is required for adoption of this ordinance. For Action Adopted on Consent Agenda A16.Ordinance 59-O-23,Amending City Code Section 10-11-18 "Residents Parking Only Districts"was adopted Councilmember Revelle and staff recommended the adoption of Ordinance 59-O-23, Amending City Code Section 10-11-18 "Residents Parking Only Districts"to add the residences on 1600-1800 Central St,not including properties designated as Transit-Oriented Developments,as residents eligible to purchase permits. For Action Adopted on Consent Agenda Page 11 of 16 M1.Page 21 of 408 Page 11 MINUTES June 26,2023 (IX)CONSENT AGENDA -PLANNING &DEVELOPMENT COMMITTEE P1.Resolution 22-R-23,Approving a Plat of Subdivision for 1801-1815 Church Street and 1708-1710 Darrow Avenue,for the Mt.Pisgah Subdivision was held until July 10,2023 Staff recommended approval of Resolution 22-R-23,Approving a Plat of Subdivision for 1801-1815 Church Street and 1708-1710 Darrow Avenue for the Mr.Pisgah subdivision. Motion:Councilmember Nieuwsma Second:Councilmember Reid Councilmember Kelly moved to hold this item until July 10,2023 Motion:Councilmember Kelly Second:Councilmember Revelle Councilmember Reid moved to overturn the hold Motion:Councilmember Reid Second:Councilmember Burns Motion Failed 2 -5 Ayes:Reid,Geracaris Nayes:Kelly,Harris,Nieuwsma,Burns,Revelle Absent:Wynne,Suffredin For Action Held Until July 10,2023 P2.Ordinance 55-O-23,granting a Special Use Permit for a Convenience Store,at 831 Foster Street in the B1 Business District was approved for introduction The Land Use Commission recommended the adoption of Ordinance 55-O-23 granting a Special Use Permit for a Convenience Store at 831 Foster Street in the B1 Business District.The applicant has complied with all zoning requirements and meets all of the Standards for Special Use for this district. For Introduction Approved on Consent Agenda for Introduction Page 12 of 16 M1.Page 22 of 408 Page 12 MINUTES June 26,2023 (IX)CONSENT AGENDA -PLANNING &DEVELOPMENT COMMITTEE P3.Ordinance 60-O-23,Granting a Special Use for a Planned Development with Site Development Allowances at 1621-31 Chicago Avenue in the D4 Downtown Transition District failed The Land Use Commission recommended denial of Ordinance 60-O-23,which grants a Special Use for a Planned Development to construct a 15-story,165-foot tall,mixed-use building with approximately 7,200 square feet of ground floor commercial,140 dwelling units,and 57 parking stalls within a two-level parking garage in the D4 Downtown Transition District. Motion:Councilmember Nieuwsma Second:None For Introduction Failed P4.Ordinance 51-O-23 Authorizing the Sale Of City-Owned Real Property at 1805 Church Street,1708 Darrow Avenue,and 1710 Darrow Avenue,Evanston,Illinois was held until July 10,2023 Staff recommended approval of Ordinance 51-O-23,authorizing the City Manager to execute a sale contract for City-owned real property located at 1805 Church Street,1708 Darrow Avenue,and 1710 Darrow Avenue,to Housing Opportunity Development Corporation (“HODC”)for a mixeduse development with 33 units of affordable housing. A two-thirds of the Councilmembers is required for adoption of this ordinance. Motion:Councilmember Nieuwsma Second:Councilmember Reid Councilmember Kelly moved to hold this item until July 10,2023 Motion:Councilmember Kelly Second:Councilmember Revelle Councilmember Reid moved to overturn the hold Motion:Councilmember Reid Second:Councilmember Burns Motion Failed 2 -5 Ayes:Reid,Geracaris Nayes:Kelly,Harris,Nieuwsma,Burns,Revelle Absent:Wynne,Suffredin For Action Held Until July 10,2023 Page 13 of 16 M1.Page 23 of 408 Page 13 MINUTES June 26,2023 (X)CONSENT AGENDA -HOUSING &COMMUNITY DEVELOPMENT COMMITTEE HCDC1.Ordinance 49-O-23,Amending City Code Section 4-18-3 Concerning the Demolition Tax was adopted The Housing and Community Development Committee recommended City Council approval of Ordinance 49-O-23,amending City Code Section 4-18-3,the Demolition Tax Code,to increase the amount of the Demolition Tax. Motion:Councilmember Nieuwsma Second:Councilmember Reid For Action Item Adopted 7 -0 Ayes:Kelly,Harris,Nieuwsma,Burns,Revelle,Reid,Geracaris Nayes:None Absent:Wynne,Suffredin (XI)CONSENT AGENDA -HUMAN SERVICES COMMITTEE HS1.Ordinance 57-O-23,Amending City Code Section 9-8,Creating the “Safe Storage Act”was adopted Mayor Biss and the Human Services Committee recommended the adoption of Ordinance 57-O-23,amending City Code Title 9,Chapter 8,Creating the "Safe Storage Act." Motion:Councilmember Reid Second:Councilmember Harris For Action Item Adopted 7 -0 Ayes:Kelly,Harris,Nieuwsma,Burns,Revelle,Reid,Geracaris Nayes:None Absent:Wynne,Suffredin (XII)CONSENT AGENDA -RULES COMMITTEE R1.Ordinance 58-O-23,Amending Title 1,Chapter 13,Section 4,"Wards and Precincts"of the Evanston City Code was adopted The Redistricting Committee and the Rules Committee recommended the Adoption of Ordinance 58-O-23,Amending Title 1,Chapter 13,Section 4,"Wards and Precincts"of the Evanston City Code. For Action Adopted on Consent Agenda Page 14 of 16 M1.Page 24 of 408 Page 14 MINUTES June 26,2023 (XIII)APPOINTMENTS AP1.Approval of Appointments and Reappointments to Boards,Commissions,and Committees was approved The Mayor recommended City Council approval of the appointments of Chloe Thurston to the Housing &Community Development Committee,Renee Phillips to the Social Services Committee,Catie Huggins and Michelle Mills to the Library Board,Rachel Schwimmer to the Citizen Police Review Commission,Richard Cándida-Smith to the Evanston Arts Council,Joshua Bowes-Carlson to the Preservation Commission,and the reappointments of Tracy Fulce to the Library Board,and Adrienne B.Allen to the Commission of Aging and Disabilities. For Action Approved on Consent Agenda (XIV)CALL OF THE WARDS Ward 1:1st Ward Public Safety Meeting July 6 Graduate Hotel 4:00 p.m. Ward 2:Street Naming for Chief Logan June 24 Recycling July 8 ETHS 9:00 a.m.-12:00 p.m. 2nd Ward Meeting July 13 Parasol Room 7:00 p.m. Ward 3:Absent Ward 4:4th Ward Office Hours July 8 Fountain Square 10:00 a.m.-12:00 p.m. 4th Ward Meeting July 11 Robert Crown 7:00 p.m. Ward 5:No Report Ward 6:Absent Ward 7:7th Ward Meeting June 27 Parasol Room 7:00 p.m. Page 15 of 16 M1.Page 25 of 408 Page 15 MINUTES June 26,2023 (XIV)CALL OF THE WARDS Ward 8:Councilmember Reid moved item P3 Ordinance 60-O-23,Granting a Special Use for a Planned Development with Site Development Allowances at 1621-31 Chicago Avenue in the D4 Downtown Transition District Motion:Councilmember Reid Second:Councilmember Burns Councilmember Reid moved to table item P3 until September 26,2023 Motion:Councilmember Reid Second:Councilmember Burns Motion Failed 3 -4 Ayes:Burns,Reid,Geracaris Nayes:Kelly,Harris,Nieuwsma,Revelle Absent:Wynne,Suffredin Councilmember Reid moved to withdraw his motion to move item P3 8th Ward Meeting June 29;Need for more affordable housing Ward 9:Community Responder Town Hall June 27 Ecology Center 5:00 p.m.-7:00 p.m. (XV)EXECUTIVE SESSION Councilmember Nieuwsma led City Council into Executive Session pursuant to 5 ILCS 120/2(a)to discuss agenda items regarding litigation,building safety,minutes review,and security procedures.The agenda items are permitted subjects to be considered in Executive Session and are enumerated exceptions under the Open Meetings Act,with the exceptions being 5 ILCS 120/2(a)(c)2,(c)8,(c)11,and (c)21. Motion:Councilmember Nieuwsma Second:Councilmember Reid Convene into Executive Session at 10:39 p.m. Motion Passed 6 -0 Ayes:Kelly,Harris,Nieuwsma,Revelle,Reid,Geracaris Nayes:None Absent:Wynne,Burns,Suffredin (XVI)ADJOURNMENT Mayor Biss called a voice vote to adjourn the City Council meeting,and by unanimous vote,the meeting was adjourned at 12:20 a.m.Tuesday,June 27. Page 16 of 16 M1.Page 26 of 408 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From:Tera Davis, Accounts Payable Coordinator CC:Hitesh Desai, Chief Financial Officer/Treasurer Subject:Approval of the City of Evanston Payroll, Bills List, and Credit Card Activity Date: July 10, 2023 Recommended Action: Staff recommends City Council approval of the City of Evanston Payroll for the period of June 5, 2023, through June 18, 2023, in the amount of $3,682,033.56 and the Bills List for July 11, 2023, in the amount of $4,379,004.06 and credit card activity for the period ending May 26, 2023, in the amount of $291,392.01 Council Action: For Action Summary: Payroll – June 5, 2023, through June 18, 2023, $ 3,682,033.56 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – July 11, 2023, FY23, $ 4,379,004.06 General Fund Amount – Bills list $639,404.71 General Fund Amount-Adv.Checks $ 3,055.91 $642,460.62 TOTAL AMOUNT OF BILLS LIST & PAYROLL $ 8,061,037.62 *Advanced checks are issued prior to submission of the Bills List to the City Council for emergency purposes, to avoid a penalty, or to take advantage of early payment discounts. Attachments: 07.11.2023 FY23 BILLS LIST May 2023 Transactions A1.Page 27 of 408 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: Tera Davis, Accounts Payable Coordinator CC: Hitesh Desai, Chief Financial Officer/Treasurer Subject: Approval of BMO Harris Amazon Credit Card Activity Date: July 10, 2023 Recommended Action: Staff recommends approval of the City of Evanston’s BMO Harris Amazon Credit Card Activity for the period ending May 26, 2023, in the amount of $19,543.56. Council Action: For Action Summary: The total amount of the BMO Harris Amazon Credit Card Activity for the period ending March 26, 2023, is $19,543.56. Attachments: April 2023 Transactions Amazon A2.Page 28 of 408 BMO Credit Card Statement for the Period ending April 26, 2023 REPORTS TO INTERMEDIATE MERCHANT NAME MERCHANT STATE MERCHANT ZIP CODE TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECT EXPENSE DESCRIPTION ADMIN SVCS/FAC MGMT AMZN MKTP US H772W1QZ1 WA 98109 374.98$ 3/27/2023 65060 MATERIALS TO MAINTAIN AUTOSL PARTS FOR 546 ADMIN SVCS/FAC MGMT AMZN MKTP US H77G525I1 WA 98109 62.99$ 3/27/2023 65050 BUILDING MAINTENANCE MATERIAL BUILDING IMPROVEMENTS ADMIN SVCS/FAC MGMT AMZN MKTP US H77KJ8N82 WA 98109 44.85$ 3/27/2023 65050 BUILDING MAINTENANCE MATERIAL BUILDING IMPROVEMENTS (DOOR SIGNS) ADMIN SVCS/FAC MGMT AMZN MKTP US H788X0IA1 WA 98109 196.98$ 3/27/2023 65050 BUILDING MAINTENANCE MATERIAL REPLACEMENT HEAT GUN ADMIN SVCS/FAC MGMT AMZN MKTP US HY64B6TQ0 WA 98109 13.69$ 3/27/2023 65050 BUILDING MAINTENANCE MATERIAL MOUNT FOR INSPECTION CAMERA ADMIN SVCS/FAC MGMT AMAZON.COM H76UQ2R11 A WA 98109 278.72$ 3/28/2023 65050 BUILDING MAINTENANCE MATERIAL LIGHTNING DETECTION UPS REPLACEMENT ADMIN SVCS/FAC MGMT AMZN MKTP US HS81W0AR1 WA 98109 31.99$ 4/5/2023 65085 MINOR EQUIP & TOOLS TRUCK STOCK ADMIN SVCS/FAC MGMT AMZN MKTP US HY59Y3WA2 WA 98109 1,000.00$ 4/5/2023 65050 BUILDING MAINTENANCE MATERIAL CORD REEL INSTALL ADMIN SVCS/FAC MGMT AMAZON.COM HS79G7N62 WA 98109 226.18$ 4/7/2023 65085 MINOR EQUIP & TOOLS TOOLS FOR PLUMBERS ADMIN SVCS/FAC MGMT AMZN MKTP US HS8SV4J52 WA 98109 109.49$ 4/7/2023 65085 MINOR EQUIP & TOOLS SHOP SUPPLIES ADMIN SVCS/FAC MGMT AMAZON.COM HS5U55WH1 A WA 98109 50.69$ 4/10/2023 65050 BUILDING MAINTENANCE MATERIAL REPLACEMENT BACKUP BATTERY ADMIN SVCS/FAC MGMT AMAZON.COM HS7Q82SV2 A WA 98109 43.90$ 4/10/2023 65095 OFFICE SUPPLIES LABELS FOR LABEL MAKER ADMIN SVCS/FAC MGMT AMZN MKTP US HJ4DN5MV1 WA 98109 271.89$ 4/13/2023 65050 BUILDING MAINTENANCE MATERIAL HEAT TRACE FOR PIPES ADMIN SVCS/FAC MGMT AMZN MKTP US HV3OY11J0 WA 98109 26.99$ 4/17/2023 65060 MATERIALS TO MAINTAIN AUTOSL PARTS FOR 602 ADMIN SVCS/FAC MGMT AMZN MKTP US HV4DL6LQ2 WA 98109 165.14$ 4/18/2023 65050 BUILDING MAINTENANCE MATERIAL TV MOUNTS AND BITS MASONRY ADMIN SVCS/FAC MGMT AMAZON.COM HV7XK20K2 WA 98109 179.29$ 4/20/2023 65090 SAFETY EQUIPMENT SAFETY - KNEE PADS FOR MECHANICS ADMIN SVCS/FAC MGMT AMZN MKTP US HF3D98F10 WA 98109 551.96$ 4/24/2023 65060 MATERIALS TO MAINTAIN AUTOSL PARTS FOR GREENWAYS ADMIN SVCS/FAC MGMT AMZN MKTP US HF1L29JY2 WA 98109 54.75$ 4/25/2023 65050 BUILDING MAINTENANCE MATERIAL GROUND FLOOR TV MOUNT ADMIN SVCS/FLEET & FAC AMZN MKTP US HY14W2LY1 WA 98109 39.91$ 3/29/2023 65060 MATERIALS TO MAINTAIN AUTOSL PARTS FOR 470 ADMIN SVCS/INFO SYS AMAZON.COM H71NZ2VV1 A WA 98109 23.22$ 3/27/2023 62250 COMPUTER EQUIPMENT MAINT USB CABLES FOR STOCK ADMIN SVCS/INFO SYS AMZN MKTP US H73OF8X92 WA 98109 627.00$ 3/27/2023 62250 COMPUTER EQUIPMENT MAINT 56638 RECREATION CONFERENCE ROOM ADMIN SVCS/INFO SYS AMZN MKTP US HS04N5BK2 WA 98109 991.94$ 4/10/2023 62250 COMPUTER EQUIPMENT MAINT VIDEO CONFERENCE SYSTEM FOR CONF. ROOM 4802 ADMIN SVCS/INFO SYS AMZN MKTP US HS0WB5BZ2 WA 98109 122.14$ 4/10/2023 65615 INFRASTRUCTURE SUPPLIES QSFP FIBER FOR NEXUS TEST/ DELL DATADOMAIN ADMIN SVCS/INFO SYS AMZN MKTP US HS2ST2HJ2 WA 98109 814.84$ 4/10/2023 62250 COMPUTER EQUIPMENT MAINT HEADSETS AND MISC CABLES FOR STOCK. ADMIN SVCS/INFO SYS AMZN MKTP US HS3Z65KW2 WA 98109 209.87$ 4/10/2023 65615 INFRASTRUCTURE SUPPLIES POWER CORDS FOR DATACENTER RACKS ADMIN SVCS/INFO SYS AMZN MKTP US HJ6FJ1ZN1 WA 98109 627.00$ 4/11/2023 62250 COMPUTER EQUIPMENT MAINT INTEL NUC FOR RECREATION CONFERENCE ROOM VIDEO CONFERENCE SET UP. ADMIN SVCS/INFO SYS AMZN MKTP US HJ74K7PH1 WA 98109 57.63$ 4/13/2023 65555 IT COMPUTER HARDWARE IT RELATED EXPENSE ADMIN SVCS/INFO SYS AMZN MKTP US HV7AG5F10 WA 98109 198.00$ 4/17/2023 65615 INFRASTRUCTURE SUPPLIES SERVER SSD HARD DRIVES FOR ISSUES WITH VMH5 ADMIN SVCS/INFO SYS AMZN MKTP US HV0FN3XD0 WA 98109 129.57$ 4/18/2023 65615 INFRASTRUCTURE SUPPLIES REPLACEMENT PA CALLBOX ADMIN SVCS/INFO SYS AMZN MKTP US HV8ZO8TW1 WA 98109 343.21$ 4/18/2023 65555 IT COMPUTER HARDWARE IT RELATED EXPENSE ADMIN SVCS/INFO SYS AMAZON.COM HV2186MB1 A WA 98109 502.32$ 4/20/2023 62250 COMPUTER EQUIPMENT MAINT QTY 12 ASUS WEBCAMS FOR STOCK ADMIN SVCS/INFO SYS AMZN MKTP US HV8QR8611 WA 98109 804.06$ 4/21/2023 65615 INFRASTRUCTURE SUPPLIES RACK FOR PD SERVER ADMIN SVCS/INFO SYS AMZN MKTP US HV4N89981 WA 98109 141.29$ 4/24/2023 65615 INFRASTRUCTURE SUPPLIES VMH5 RAID CARD ADMIN SVCS/INFO SYS AMZN MKTP US HV7TW4YC2 WA 98109 49.08$ 4/24/2023 65615 INFRASTRUCTURE SUPPLIES HD TRAY FOR SERVERS ADMIN SVCS/INFO SYS AMAZON.COM HF1SC0TS1 WA 98109 229.45$ 4/25/2023 65555 IT COMPUTER HARDWARE WEB CAMS FOR DESKTOPS ADMIN SVCS/PARKING AMAZON.COM HV6SY8AO1 WA 98109 42.99$ 4/19/2023 65020 CLOTHING FLASHLIGHT FOR NEW PEO D. COOLEY CITY MGR OFFICE AMZN MKTP US HS54O5DN2 WA 98109 1,148.60$ 4/10/2023 62490 OTHER PROGRAM COSTS HONORARIUM FOR PARTICIPATORY BUDGETING BUDGET DELEGATES FIRE DEPARTMENT AMZN MKTP US HY71A8LK1 WA 98109 31.99$ 3/29/2023 65095 OFFICE SUPPLIES AMAZON. TAGS FOR MEDICAL BAGS. 3/28/2023. VAN DORPE (MUNO) FIRE DEPARTMENT AMZN MKTP US HV1TX82W1 WA 98109 37.08$ 4/21/2023 65095 OFFICE SUPPLIES AMAZON. LANYARDS FOR OPP FS. 4/21/2023. VAN DORPE (KULL) FIRE DEPARTMENT AMZN MKTP US HV9RQ6H32 WA 98109 267.58$ 4/21/2023 65075 MEDICAL & LAB SUPPLIES AMAZON. GLUCOSE TEST STRIPS. 4/20/2023. VAN DORPE (MUNO) HEALTH/HUMAN SVCS AMAZON.COM HS2IR8MZ2 WA 98109 87.93$ 4/10/2023 62371 WOMEN OUT WALKING EXPENSE GIVAWAYS FOR WOW KICKOFF HEALTH/HUMAN SVCS AMAZON.COM HS60M78X1 A WA 98109 38.84$ 4/10/2023 62490 OTHER PROGRAM COSTS TRAINING BOOK FOR INSPECTORS HEALTH/HUMAN SVCS AMZN MKTP US HJ0E64NF2 WA 98109 254.02$ 4/13/2023 62606 RODENT CONTROL CONTRACT RODENT PROGRAM SUPPLIES HEALTH/HUMAN SVCS AMZN MKTP US HJ2YV1352 WA 98109 595.96$ 4/13/2023 62606 RODENT CONTROL CONTRACT RODENT PROGRAM SUPPLIES HEALTH/HUMAN SVCS AMZN MKTP US HV2067MS0 WA 98109 1,112.24$ 4/18/2023 62371 WOMEN OUT WALKING EXPENSE WOW GIVEAWAYS HEALTH/HUMAN SVCS AMZN MKTP US HV2AP7MB0 WA 98109 1,156.49$ 4/18/2023 62371 WOMEN OUT WALKING EXPENSE WOW GIVEAWAYS HEALTH/HUMAN SVCS AMZN MKTP US HV1618DY2 WA 98109 995.56$ 4/21/2023 62371 WOMEN OUT WALKING EXPENSE WOW PROGRAM GIVEAWAYS PRCS/ECOLOGY CNTR AMZN MKTP US HF2042OV0 WA 98109 45.48$ 4/21/2023 65110 REC PROGRAM SUPPLIES TAPE FOR TABLE REPAIR PRCS/ECOLOGY CNTR AMZN MKTP US HV6U80841 WA 98109 63.00$ 4/21/2023 65110 REC PROGRAM SUPPLIES SPRAY CLAUK FOR SOFTBALL LEAGUE PRCS/ECOLOGY CNTR AMAZON.COM HF3TN3F11 WA 98109 26.40$ 4/24/2023 65110 REC PROGRAM SUPPLIES TAPE FOR TABLE REPAIR PRCS/FLEETWOOD CNTR AMZN MKTP US HF6MF1LU2 WA 98109 99.21$ 4/25/2023 65110 REC PROGRAM SUPPLIES FJT'S OBAMA-OLOGY PROPS PRCS/LEVY SEN CNTR AMZN MKTP US HY8WS2KD1 WA 98109 55.99$ 4/3/2023 65110 REC PROGRAM SUPPLIES PROGRAM SUPPLIES PRCS/LEVY SEN CNTR AMAZON PRIME HJ97U3TI2 WA 98109 14.99$ 4/13/2023 65110 REC PROGRAM SUPPLIES AMAZON PRIME RENEWAL PRCS/LEVY SEN CNTR AMZN MKTP US HJ3J010G2 WA 98109 200.16$ 4/14/2023 65110 REC PROGRAM SUPPLIES FITNESS PROGRAM SUPPLIES PRCS/LEVY SEN CNTR AMZN MKTP US HJ8LJ88Y1 WA 98109 83.58$ 4/14/2023 65110 REC PROGRAM SUPPLIES FITNESS PROGRAM SUPPLIES PRCS/LEVY SEN CNTR AMZN MKTP US HV1LL3AR0 WA 98109 54.47$ 4/17/2023 65110 REC PROGRAM SUPPLIES AV PROGRAM SUPPLIES PRCS/LEVY SEN CNTR AMZN MKTP US HV8XC3VA1 WA 98109 109.98$ 4/20/2023 65110 REC PROGRAM SUPPLIES AQUATIC CAMP DECALS PRCS/NOYES CNTR AMZN MKTP US HY2CS4V11 WA 98109 29.99$ 3/31/2023 65110 REC PROGRAM SUPPLIES SPRING BREAK CAMP SUPPLIES PRCS/NOYES CNTR AMZN MKTP US HY5WV6780 WA 98109 9.98$ 3/31/2023 65110 REC PROGRAM SUPPLIES SPRING BREAK CAMP SUPPLIES PRCS/RBT CROWN CNTR AMZN MKTP US H75B40KT1 WA 98109 26.09$ 3/27/2023 62479 PRESCHOOL GRANT EXPENSE PRE SCHOOLSUPPLIES PRCS/RBT CROWN CNTR AMZN MKTP US HY1B14Y01 WA 98109 209.09$ 4/3/2023 62479 PRESCHOOL GRANT EXPENSE PRE SCHOOL SUPPLIES PRCS/RBT CROWN CNTR AMZN MKTP US HS0CX94W1 WA 98109 15.99$ 4/4/2023 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL ANTENNAS FOR RADIOS PRCS/RBT CROWN CNTR AMZN MKTP US HY0XD9KD2 WA 98109 269.99$ 4/4/2023 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL DESK FOR SECURITY PRCS/RBT CROWN CNTR AMZN MKTP US HS2KG4JD1 WA 98109 29.98$ 4/5/2023 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL ANTENNAS FOR RADIOS PRCS/RBT CROWN CNTR AMZN MKTP US HY7XV7R72 WA 98109 249.00$ 4/5/2023 65110 REC PROGRAM SUPPLIES SPEAKER FOR SOUND SYSTEM BACK UP June 12, 2023 Page 1 of 2Page 2 of 3A2.Page 29 of 408 BMO Credit Card Statement for the Period ending April 26, 2023 REPORTS TO INTERMEDIATE MERCHANT NAME MERCHANT STATE MERCHANT ZIP CODE TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECT EXPENSE DESCRIPTION PRCS/RBT CROWN CNTR AMZN MKTP US HJ5248LJ2 WA 98109 15.98$ 4/12/2023 65110 REC PROGRAM SUPPLIES PRE SCHOOL SUPPLIES PRCS/RBT CROWN CNTR AMZN MKTP US HJ4HR7BZ2 WA 98109 67.77$ 4/17/2023 65110 REC PROGRAM SUPPLIES PRES SCHOOL SUPPLIES PRCS/RBT CROWN CNTR AMZN MKTP US HJ6H39B42 WA 98109 58.96$ 4/17/2023 65110 REC PROGRAM SUPPLIES PRE SCHOOL SUPPLIES PRCS/RBT CROWN CNTR AMZN MKTP US HV2H01FB0 WA 98109 49.90$ 4/17/2023 65110 REC PROGRAM SUPPLIES PRE SCHOOL SUPPLIES PRCS/RBT CROWN CNTR AMAZON.COM HV9LA8WM0 WA 98109 91.85$ 4/21/2023 65110 REC PROGRAM SUPPLIES PRE SCHOOL SUPPLIES PRCS/RBT CROWN CNTR AMZN MKTP US HV1BU7DP1 WA 98109 182.90$ 4/21/2023 65110 REC PROGRAM SUPPLIES PRE SCHOOL SUPPLIES PRCS/RECREATION AMZN MKTP US HY6MR50M1 WA 98109 52.99$ 3/30/2023 65110 REC PROGRAM SUPPLIES SUPPLIES FOR STORY AND S'MORE PROGRAM PRCS/RECREATION AMZN MKTP US HY1VO29X0 WA 98109 43.50$ 3/31/2023 65110 REC PROGRAM SUPPLIES SUPPLIES FOR STORY AND SMORE PROGRAM PRCS/RECREATION AMZN MKTP US HY3R42HO1 WA 98109 5.99$ 3/31/2023 65050 BUILDING MAINTENANCE MATERIAL REPLACEMENT FUSES FOR BLUETOOTH SPEAKER PUBLIC WORKS/PLAN-ENG AMZN MKTP US HF1Z98PK0 WA 98109 11.99$ 4/24/2023 65095 OFFICE SUPPLIES OFFICE SUPPLIES - LABTOP CARRYING CASE PUBLIC WORKS/PLAN-ENG AMZN MKTP US HF4U15CG2 WA 98109 16.14$ 4/24/2023 65095 OFFICE SUPPLIES OFFICE SUPPLIES - POWER STRIP PUBLIC WORKS/SERVICE AMZN MKTP US H71083352 WA 98109 76.18$ 3/27/2023 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL TIE DOWNS STRAPS FOR MACHINES PUBLIC WORKS/SERVICE AMZN MKTP US H71JF2RO1 WA 98109 55.99$ 3/27/2023 65085 MINOR EQUIP & TOOLS ENGINEERING FIELD AND OFFICE SUPPLIES-CP/ENG PUBLIC WORKS/SERVICE AMZN MKTP US H71JF2RO1 WA 98109 68.98$ 3/27/2023 65095 OFFICE SUPPLIES ENGINEERING FIELD AND OFFICE SUPPLIES-CP/ENG PUBLIC WORKS/SERVICE AMZN MKTP US H71PT5LM2 WA 98109 18.75$ 3/27/2023 65085 MINOR EQUIP & TOOLS ENGINEERING FIELD SUPPLIES - CP/ENG PUBLIC WORKS/SERVICE AMZN MKTP US HY2346Z50 WA 98109 127.84$ 3/27/2023 65095 OFFICE SUPPLIES OFFICE SUPPLIES PUBLIC WORKS/SERVICE AMZN MKTP US HY8CP8180 WA 98109 37.44$ 3/28/2023 65085 MINOR EQUIP & TOOLS ENGINEERING FIELD SUPPLIES - CP/ENG PUBLIC WORKS/SERVICE AMZN MKTP US HS1V34NO2 WA 98109 13.98$ 4/7/2023 62199 PARK MNTNCE & FURNITURE REPLACEMENT MARKING TAPE PUBLIC WORKS/SERVICE AMZN MKTP US HJ49Z51I0 WA 98109 17.11$ 4/10/2023 65085 MINOR EQUIP & TOOLS TOOLS PUBLIC WORKS/SERVICE AMZN MKTP US HS4OW7SW1 WA 98109 1,032.47$ 4/10/2023 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL POWER WASHER PUBLIC WORKS/SERVICE AMZN MKTP US HJ2D95FM1 WA 98109 25.12$ 4/11/2023 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL MOWER PARTS MISC PUBLIC WORKS/SERVICE AMAZON.COM HJ5MA7DY0 A WA 98109 61.00$ 4/13/2023 65085 MINOR EQUIP & TOOLS ENGINEERING FIELD SUPPLIES PUBLIC WORKS/SERVICE AMZN MKTP US HJ5ZB49Q0 WA 98109 15.98$ 4/14/2023 62199 PARK MNTNCE & FURNITURE REPLACEMENT SPORTS FIELD IRRIGATION PUBLIC WORKS/SERVICE AMZN MKTP US HJ7WD05O1 WA 98109 48.91$ 4/14/2023 62199 PARK MNTNCE & FURNITURE REPLACEMENT SPORTS FIELD IRRIGATION PUBLIC WORKS/SERVICE AMAZON.COM HV5391A02 A WA 98109 27.91$ 4/19/2023 65085 MINOR EQUIP & TOOLS LOPPERS PUBLIC WORKS/WTR PROD AMZN MKTP US H76PO5QX1 WA 98109 29.50$ 3/27/2023 62340 IT COMPUTER SOFTWARE WIRELESS MOUSE PUBLIC WORKS/WTR PROD AMZN MKTP US HY66D84B1 WA 98109 66.40$ 3/28/2023 65085 MINOR EQUIP & TOOLS 5 GALLON BUCKET WARMER PUBLIC WORKS/WTR PROD AMZN MKTP US HY37A0TC2 WA 98109 36.98$ 3/31/2023 65085 MINOR EQUIP & TOOLS POWER CONVERTER PUBLIC WORKS/WTR PROD AMZN MKTP US HY6GP63I2 WA 98109 196.98$ 3/31/2023 65085 MINOR EQUIP & TOOLS INTERCOM SYSTEM PUBLIC WORKS/WTR PROD AMZN MKTP US WA 98109 (189.99)$ 4/7/2023 65085 MINOR EQUIP & TOOLS REFUND FOR INTERCOM SYSTEM PUBLIC WORKS/WTR PROD AMAZON.COM HV8A38FH0 A WA 98109 42.75$ 4/17/2023 62340 IT COMPUTER SOFTWARE WIRELESS MOUSE PUBLIC WORKS/WTR PROD AMZN MKTP US HJ2H91MV2 WA 98109 77.22$ 4/17/2023 65085 MINOR EQUIP & TOOLS AAA BATTERIES PUBLIC WORKS/WTR PROD AMZN MKTP US HJ5ST6UM1 WA 98109 17.98$ 4/17/2023 65085 MINOR EQUIP & TOOLS LASER POINTERS PUBLIC WORKS/WTR PROD AMZN MKTP US HV0WD0NP2 WA 98109 82.45$ 4/19/2023 65055 MATERIALS TO MAINTAIN IMPROVEMENTS MH CAULK AMAZON APRIL 2023 TOTAL 19,543.56$ June 12, 2023 Page 2 of 2Page 3 of 3A2.Page 30 of 408 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: Brian Zimmerman, Solid Waste Coordinator CC: Edgar Cano - Public Works Agency Director; Noel Rodriguez - Public Services Bureau Chief; Kevin Johnson - Recycling & Environmental Maintenance Supervisor Subject: Approval for a Sole-Source, Three-Year Agreement with Rubicon Global LLC for the RUBICON SmartCity Digital Waste Solution Software Date: July 10, 2023 Recommended Action: Staff recommends the City Council authorize the City Manager to execute a sole-source, three- year agreement with Rubicon Global LLC (335 Madison Ave, Floor 4, New York, NY, 10017) for the purchase of RUBICON SmartCity digital waste solution software in the amount of $64,720.00. A sole-source purchase requires a 2/3 vote of the Councilmembers. Funding Source: Funding is provided from the Solid Waste Fund (SWF) (Acc ount 520.40.4310.62509) Service Agreements/Contracts. This purchase is budgeted for $28,240.00 in FY2023 and $18,240.00 in FY2024 and FY2025. Yearly cellular service of $4,800.00 will be provided from (Account 520.40.4310.64540) Telecommunications-Wireless. The purchase of ten (10) tablets for $5,499.90 will be purchased from (Account 520.40.4310.65555) Personal Computer Equipment. CARP: Zero Waste Council Action: For Action Summary: Rubicon is a leading digital marketplace for waste and recycling and a provider of innovative software-based products for businesses and governments worldwide. RUBICONSmartCity is Rubicon’s software solution designed to help city governments run operations faster, smarter, and more effectively. In this instance, the primary function of the RUBICONSmartCity solution A3.Page 31 of 408 was to provide an application for the City’s Recycling & Environmental Maintenance Division to help improve the City’s Recycling collection operations. Rubicon is the only known service that keeps drivers' workload minimal by executing an exception -based service verification model on a web-based platform. For the last three months, Recycling & Environmental Maintenance Staff have been testing Rubicon's Driver Application through a free pilot offered by Rubicon. The duration of the pilot project was from March 27th, 2023, through June 27th, 2023, and ten devices were distributed and installed in the City’s Recycling Collection trucks. Rubicon worked with staff to take account data from the City’s billing system and help digitize the City’s routes in their platform. The driver application allows drivers who are logged in to be able to see their entire route and see pickup locations, address information, and service details (number or size of carts) as well. While they are driving through their routes, the application is logging stop as completed unless the driver is inputting notes where issues or Service Anomalies arise. Service Anomalies can range from not placing a cart out or having improper items in a cart where the cart should not be serviced as a normal recycling container. By operating a system in an exception-only orientation, drivers are able to work through their route efficiently instead of having to manually track the stops they completed as we currently do. Utilizing the RUBICONSmartCity solution will allow the Public Works Agency’s Recycling & Environmental Maintenance division to operate more efficiently, verify service effectively, and collect data points that have otherwise been overly burdensome to collect. The application will also allow the Recycling & Environmental Supervisor to adjust workloads and routes to meet current staffing levels and competencies. Based on the information provided by the City during the duration of the pilot, Rubicon projects that the City will save up to $54,000 per year by digitizing routes and reducing the number of go-backs and 311 requests through the use of their application (Table 2.). Rubicon is not the only service provider of programs or services related to routing or optimization for waste. Based on staff research of other companies, Rubicon’s platform is the only known service that keeps drivers' workload minimal by executing an exception-based service verification model. Rubicon is a Sourcewell member. Sourcewell is a cooperative purchasing organization with thousands of members across North America, including state and local governments, nonprofits, K-12 schools, and higher education. The City has previously used Sourcewell successfully to enter into competitively-sourced agreements, such as for the City's furniture supplier. Background: Prior to the pilot, the City’s Recycling & Environmental Maintenance drivers relied on paper maps to navigate through their routes each week. The drivers rotate through routes helping build familiarity with different routes and areas of the City. This requires drivers to become familiar with up to 38 different routes and 13,350 different stops in the City (Ta ble 1.). Additionally, drivers have to retain distinct account information ranging from collection points, container sizes, or the number of containers that each stop could have. These details make onboarding new drivers onerous causing more time to be devoted to having new drivers operate as helpers on more experienced drivers' routes which can cause rotations of schedules to deviate from normal operations. It often has taken weeks to months to adequately train new drivers about how to handle all the route s they are expected to service. Page 2 of 21 A3.Page 32 of 408 When drivers encounter a problem in the field, they are required to write it down on a piece of paper and supply the list to the supervisor. At the end of each day, the supervisor has to intake all the handwritten notes and process them for follow-up work. This could include having to schedule secondary routes to deal with special pickups or mixed -recycling routes. Setting up any secondary route requires extra staff time to review the noted issue and provide verification by crew leader staff to note the issue is real before scheduling for service. Verification can take a day or two to complete based on the caseload. Current operations also require immense amounts of communication between supervisors and drivers to support one another in the completion of their daily routes. If a driver completes their route for the day, they are expected to coordinate and help support drivers that are still in the midst of completing their route for that day. Oftentimes it proves difficu lt for drivers to know exactly what routes, streets, alleys, and stops have been completed, leading to drivers overlapping on already completed stops. This has proven especially challenging for routes such as bulk pickup days, as each route run on that day typically has numerous trucks operating on it. While drivers try to maintain communication with each other, it still proves to be inefficient to adequately support each other. At the conclusion of routes each day, Recycling & Environmental Maintenance drivers take all the material to one of two locations. Recycling is taken to Groot Industries Material Recovery Facility in Elk Grove Village as part of the City’s involvement with the Solid Waste Agency of Northern Cook County’s (SWANCC) Recycling Incentive Program, which allows the City to take recyclables to Groot’s facility without having to pay a tipping fee which is typical for most recycling collection. The other material drivers collect is refuse from collection from bulk pickup routes, special pickups, or our mixed recycling routes. Mixed Recycling routes are where drivers have to go back, and service previously identified heavily contaminated recycling carts and process them as refuse. This is done to prevent further contaminating good recycling (Figure 1.). The data points associated with these collections have oftentimes been presented in a manner that is limiting in their insights. For example, the City receives quarterly reports Page 3 of 21 A3.Page 33 of 408 from the Material Recovery Facility on the material taken to on the tons of recycling collected. Receiving data in this type of format is useful for reporting back to residents or council, but limiting in helping improve collections or service and conducting further analysis of this data would require excess time and resources from staff to complete. Analysis: *Please note all data provided should be viewed as general understanding instead of hard numbers. Part of the goal of the pilot is to work out gaps in information (stops, containers, services, etc.) as well as build familiarity with the application for drivers* Service Verification & Routing Efficiencies: Staff believes that one of the biggest values that Rubicon is able to provide the City of Evanston’s recycling collection operation is the ability to increase efficiency in their operation. The ability to digitize the routes in Rubicon’s platform allows staff to review service and pull up past days of service to review the path trucks have taken. This review of routes enables the routes to be sequenced for potential turn-by-turn directions. Turn-by-turn directions are a potential resource for new staff to grasp onto routes quicker than trying to retain information in their head or reference a paper map (Figure 2.). An example of this is the increased efficiency in collection for one of the recently hired drivers. After a month of using the application on other routes, they were scheduled for four consecutive weeks on Thursday Route #2. During the first week of the driver collecting the Thursday Route #2, the driver serviced 52.32 stops per hour and completed the route in 8.88 hours that day. Page 4 of 21 A3.Page 34 of 408 Over the next three weeks, the same driver improved their efficiency to an average of 71.41 stops per hour, a 37% increase from the first week. The driver also dropped the total time it took to complete the route to an average of 6.93 hours over the next three weeks, a 21% decrease. Another indicator of increased efficiency is the reduction in the number of 311s for missed pickups for recycling during the duration of the pilot compared to last year. In 311’s system, from March 27th, 2022, to June 27th, 2022, there were 181 logged requests for missed recycling pickups. In comparison to those same dates in 2023, there were 144 logged requests, which is a 20% decrease in requests, indicating the potential ability of drive rs to be more efficient and effective with their service to residents by utilizing Rubicon’s platform. Digitizing routes will help reduce the amount of paper used by the Recycling & Environmental Maintenance Division as well as the amount of paperwork drivers need to keep track of throughout the course of their day. Drivers have had to historically keep a list of notes for service anomalies seen on their route for that day. With Rubicon's app, drivers are able to flag bulk items, contamination, special pickups, and other items as service anomalies more effectively within the application. By inputting the anomaly information immediately into Rubicon’s application, the information is instantly available for supervisors to review and has higher levels of reliability as drivers are able to capture information through pictures that are tied directly to the household or stop. Having the ability to attach photos to the service will also help provide service verification for inquiries on missed pickups by residents. Historically when requests come in through 311 stating that a driver missed their container, the Recycling & Environmental Maintenance Supervisor had little ability to refute and illustrate to residents the driver had been there or is yet to be there. With Rubicon’s application, supervisors will be able Page 5 of 21 A3.Page 35 of 408 to see the location of the truck in relation to the route and be able to note timestamps when service was completed, or the truck was in the area. Also, if any service anomalies did arise during collection, there will be an associated picture that can be shared illustrating why service was not completed, from containers not being properly placed out for service in time or containers being blocked by parked vehicles, construction, or heavily contaminated containers (Figure 3). Arming staff with this information will reduce the need for unwarranted `go -backs', where drivers have to be pulled off routes or added to additional routes to take care of these one-off service requests that were not at the fault of the drivers. Rubicon was able to utilize data from the industry and other municipalities they have worked with and extrapolate using Evanston data from the pilot. Rubicon estimated the City could have a Return on Investment (ROI) of $38,906.34 from just digitizing routes with an additional $15,760.77 from reducing the frequency of needing to go back to customer locations for prospective missed pickup requests from residents (Table 2). Page 6 of 21 A3.Page 36 of 408 Service Anomaly Tracking: As noted in previous sections, Rubicon’s application will allow staff the ability to flag various issues or service anomalies during the course of collection. A service anomaly is when a Driver logs instances where service deviated from normal conditions. Examples could include instances where a stop does not have its container out. Or instances where residents have an entire container contaminated or have an unaccepted item that poses a safety risk for collection. Other instances of anomalies logged by drivers include bulk items being present , access to containers blocked, containers damaged, and others. While marking down these anomalies are helpful for verification of service, Rubicon’s application will also help staff track and analyze data related to specific anomalies. During the pilot, Recycling & Environmental Maintenance drivers logged a total of 625 service anomalies. Yet out of that total, drivers logged 245 instances (40% of all anomalies) of recycling containers containing an Unacceptable Item or Bagged Recyclables in the cart. Staff analyzing this information will not only be able to illustrate these types of anomalies exist but will also be able to exhibit where they are more frequently occurring. By being able to spatially note areas in the City where these anomalies are happening, Public Works can seek to provide more tailored education and support to try and correct these behaviors in a more equitable fashion (An example of this can be found in Figure 5). Service Anomaly data will also allow staff to become more proactive at addr essing certain issues, such as exchanging damaged containers. Previously drivers would have to log and maintain a list of damaged containers, among other service anomalies, and oftentimes damaged containers are not reported. If they were reported, they oft en lacked enough detail regarding the extent of damage (body of container, lid, wheel, etc.). With Rubicon’s tracking, the staff is able to more easily log and take pictures of damaged containers allowing Crew Leaders and Supervisors to exchange damaged containers more quickly (Figure 4.). Page 7 of 21 A3.Page 37 of 408 Page 8 of 21 A3.Page 38 of 408 Other Insights & Data: Rubicon’s application is also able to help aggregate data that has historically not been able to be gleaned without requiring consultants or additional tracking by supervisors or staff. Insights related to drivers or routes are now able to be seen and reviewed over time. Insights like Stops per Hour (Figure 7.) could be used to help illustrate the average rate drivers are able to service the number of houses in a route. Another useful data point is being able to review the number of stops a driver helped another complete a route (Figure 8.). These types of metrics and insights are useful to help educate staff and proactively inquire about issues being seen in a route. Page 9 of 21 A3.Page 39 of 408 Rubicon’s application also has the ability to help track information regarding pre and post-trip inspections, which are safety checks conducted by the drivers each day to ensure drivers are reviewing their equipment and logging noted issues. Having a featu re that is integrated into the sign-in portion of the application ensures staff is taking the time to review. Supervisors also have the ability to review timestamps for staff to check and make sure staff are properly taking the time to review their equipment before heading out on their routes. As noted above, historically, how much recycling was collected has been reported back by the Material Recovery Facility as a lump sum of tons by month. With Rubicon, drivers are able to input data immediately regarding the weight ticket received and upload photos of the weight ticket to Rubicon’s application. Having this information allows Staff to pull apart the tonnage data and understand which routes or areas of the City utilize their recycling or bulk item servic es more than others (Figure 9 and Table 4). Knowing which areas are utilizing those services more will help education and messaging be steered correctly to encourage residents' participation in recycling more. Page 10 of 21 A3.Page 40 of 408 Rubicon will also be able to help easily tap into information related to Scope 1 emissions from operation with the ability to track the miles each vehicle uses, which will allow us to extrapolate for easier emission tracking for the City’s inventory for CARP as well as being able to merge other data points to help better explain why the City sees emissions trending in certain directions over time (Figure 10.). Cart Tagging Audit: Another part of the RUBICONSmartCity solution is the Cart Audit Tool. Cart audits are where visual inspections are completed for each cart prior to service. This is different from what drivers are doing as drivers are trying to work effectively and efficiently through the route, so they are only looking for items that are grossly out of compliance or a safety iss ue. Cart Audits are taking a poignant look at the contents in the cart and logging issues of contamination (great or small), and providing feedback to residents. Staff during the pilot used a week in June to test this application. During that week, subsets of three routes on different collection days were audited. A total of 224 stops were audited, which is approximately a 20% sample size of the total stops of all routes selected. During these audits, one of the data points that were more effectively tracked is understanding how many stops are using their recycling carts. While "not -out" data Page 11 of 21 A3.Page 41 of 408 points by our drivers are available already, that really only applies to locations where residents have to move their containers to a specific point to receive service. Most collection locations within the city are serviced in the alley, and residents primarily leave their carts outside in the alley all the time, making it difficult to assess how much these carts are being utilized through the normal collection. By doing a cart tagging audit, the staff is able to set loftier fill level thresholds to determine if a stop “set out” their cart prior to service. For the purposes of this audit, staff set that limit to about a quarter of the cart being full. Using that definition, there was an 82.14% average set-out rate for the routes audited. When visually auditing a stop, staff took note of the different types of contaminants present out of a predetermined list of up to 9 different categories. Those categories were Bagged Recyclables, Bulk Items, Clothing or Linens, Electronics, Flammables, Food/Liquid, Plastic Bags or Film, Tanglers, and Others. During the duration of the cart tagging audit, staff marked down most contaminants as being instances of bagged recyclables and pla stic film. Page 12 of 21 A3.Page 42 of 408 Conducting audits on carts provides more granular assessments of the types of contaminants residents are placing in their recycling containers and gives them a direct improvement on what each household needs to work on. Utilizing a tool like Rubicon to con duct these assessments allows for more efficient logging and analysis of data from these audits. Being more efficient for inputting data also reduces the disruption cart tagging audits cause on the collection, as drivers are not able to start their routes in these areas until the audit is completed. Rubicon’s web portal also makes it easy for staff to plan out where audits will be conducted with the portal's ability to create subsets of existing routes allowing staff to only work with the stops they need to. Page 13 of 21 A3.Page 43 of 408 Support & Future Potential Applications: Rubicon’s standard application is noted to provide a lot of inherent benefits, as detailed above, but some other factors have led staff to believe Rubicon is a good fit for the City of Evanston operations and their potential support and extension of services. Rubicon has employees across the country but has support staff in the Chicago area and has showcased their ability to be present when needed for training with drivers or holding weekly calls. These type s of support are expected to carry over during the duration of the contract. The application itself is a web - based platform that receives routine updates and new services showcasing the continued dedication to the platform. Additional services that have been noted through the pilot could be offered to the City of Evanston should the City find utility in them. Rubicon is developing a Snow & Ice service similar to help track the progress plow trucks are making through routes similar to what Rubicon offers for recycling collection. This service could be potentially useful in helping coordinate multiple plows and other services, knowing which areas of the city have been recently plowed or which areas have issues or notes that different plow drivers need to rem ember. Such an application might help spread reminders amongst plow drivers of which streets have speed bumps which can often prove to be detrimental to large heavy vehicles, especially in heavy winter events. Rubicon also is noted to have the ability to potentially integrate into other platforms through API use. Staff believes that if there is synergy between departments, this could increase the consistency of information provided between surfaces that touch recycling collection. Services such as 311 or True Bill could benefit from increased visibility of this information or even being able to update information across platforms when making a change in one system. This has long been held as a mundane redundant pinch point for staff to manage the information in three different platforms, and increasing the chances those platforms can communicate and share information will help alleviate the administrative workload without the erosion of information. Page 14 of 21 A3.Page 44 of 408 Rubicon also offers an additional service to work with the City of Evanston to help optimize our routes. They are able to work alongside the City to identify where stops make more sense to be collected in a different route and help balance the number of stops or tons collected to increase the productivity of the staff. This is a service that could yield additional annual savings with the expectation of some additional upfront consulting costs. Detailed Financial Summary: All funding for the RUBICONSmartCity platform and service will come out of the Solid Waste Fund. As Rubicon’s services were not originally budgeted for in 2023, staff will leverage some expected savings in automotive equipment purchases in 2023 to cover the initial expense of the service (Account 520.40.4310.65550). For the remaining two years of the contract with Rubicon, funding will need to be allocated to cover the additional costs associated with the RUBICONSmartCity platform and service. Attachments: RUBICONSmartCity Community ROIs RUBICONSmartCity Techsheet RUBICONSmartCity Quote Page 15 of 21 A3.Page 45 of 408 Return on investment Improve route efficiency Collection services are the single largest cost that a City faces related to waste and recycling. Rubicon’s technology helps City partners monitor, analyze, and improve existing routes, providing visibility into average trip time, pickups per hour, and idle time. City partners can use this data to optimize and balance solid waste, recycling, bulk and other ad hoc routes, increasing the number of pick-ups per day, reducing fuel usage, lowering greenhouse gas emissions, and saving money. Boost customer service Rubicon’s technology verifies that service was provided and allows operators to note issues at the curb– enabling the City to reduce missed pickups and unnecessary go backs. We estimate that every go-back costs cities roughly $50 and on average every 311 call costs $3.40. With RUBICONSmartCity, City staff can address resident requests in real-time, reduce the number of go-backs required, and identify areas for improved citizen education (i.e. contamination, bin set out times, etc.). Enhance vehicle maintenance capabilities Rubicon’s technology provides data insights on vehicle telematics, GPS, driver performance, and critical fault codes in real time, allowing issues to be proactively identified, reducing maintenance costs. Preventing just one on-route breakdown annually has the potential to save cities $50,000. Industry-standard guidelines state that a truck breakdown during a route will triple the repair cost. Digitize operations Rubicon’s system digitizes existing operations including electronic route sheets, pre / post-trip inspections, scale tickets, and route details. Digitization also allows drivers to run routes more efficiently and enables supervisors and dispatchers to maximize their time. Cities are able to reduce printing costs by removing paper from their operations and more easily maintain, review, and analyze important customer, route, and vehicle information. Leverage existing assets for urban data collection Rubicon’s technology provides the ability for our solid waste, recycling, and other fleets to capture critical community issues beyond simply those related to waste and recycling – such as pothole identification, graffiti, low hanging branches, and vacant homes. © 2022 Rubicon Technologies, Inc. Results: When comparing route time and mileage a year after the deployment of RUBICONSmartCity, the City of Harrisonburg, Virginia saved waste pickup drivers 61 minutes per route and nearly cut route mileage in half. The reductions in route duration and mileage translate to more than $194,900 in annual savings and avoided emissions, equivalent to taking 20 passenger vehicles off the road each year. Results: After implementation of RUBICONSmartCity, the City of Denton, TX saw around a 70% reduction in unnecessary go-backs. Based on this reduction and other data from the City, Rubicon estimated the City has realized $158,924 in cost savings annually through reduced go-backs. Results: In one city in Arkansas, Rubicon’s data showed that just six trucks were responsible for 93% of critical fault codes allowing for targeted preventative maintenance. Results: Rubicon estimates that the City of Spokane, Washington saved $25,000 in annual printing costs, saving over 56 trees per year after implementing RUBICONSmartCity. Results: The City of Santa Fe, New Mexico utilized RUBICONSmartCity to identify and geolocate graffiti hot spots across the City. Upon conclusion of a targeted three week initiative, the Environmental Services Division had a comprehensive list of graffiti locations they could share across City divisions to efficiently and effectively clean the hotspots. To learn more and sign up for a free pilot visit: Rubicon.com/cities Page 16 of 21 A3.Page 46 of 408 RUBICON X RUBICON X, also referred to as the in cab inter-face (ICI), is a customized smartphone or tablet loaded with Rubicon’s proprietary application. The device sits in a swivel mount, on the dashboard, inside the cab of the truck, and is purposely designed to allow any driver to use in any vehicle without hardwiring. The ICI verifies the collection service of an area, in near real-time, without using RFID, and provides drivers with intuitive tools to enhance their workflow. RUBICON Y RUBICON Y, also referred to as the Pod, is a best-in-class telematics device that plugs directly into a vehicle’s diagnostic port. The Pod monitors and transmits critical data related to vehicle health, vehicle location, and driver behavior. PORTAL The portal is a password-protected, browser-based dashboard that helps centralize decision making, provide operational oversight, and view all data related to a solid waste operation. Technology to transform so lid waste management, snow removal, and street sweeping RUBICONSmartCity™ drives innovation in city and county heavy-duty fleet operations, bringing the next generation of technology to solid waste, snow removal, and street sweeping. RUBICONPro™ leverages an easy-to-use technology suite for commercial waste collection, creating a digital operating system for independent waste haulers. © 2023 Rubicon Technologies, Inc. Page 17 of 21 A3.Page 47 of 408 Rubicon offers an all-in-one solution Features Procurement Channels Rubicon’s standard software as a service (SaaS) package includes: Completely digital operations Operational cost savings Enhanced customer service workflow Service Verification without RFID •Work order management •Real-time issues reporting •Identify neighborhood insights •Turn-by-turn navigation •Complete telematics •AVL/GPS •Daily route management •Customized reports •Pre/post trip inspection reporting •Weight ticket reporting •Vehicle diagnostics •Driver performance •Breadcrumb trails & route playback •Asset management •Route completion data •Web-based portal •iOS or Android-based App •Portal monitoring •Data storage •Cloud-based hosting •Upgrades/updates •Unlimited portal users © 2023 Rubicon Technologies, Inc. To learn more and sign up for a free pilot, go to Rubicon.com/get-started •Hardware •Software •Training •Cellular fees For RUBICONSmartCity only Integration Capabilities Rubicon uses REST APIs to integrate with the following: •Billing systems •311 systems •Scales •Asset management systems •Work order management systems •GIS Page 18 of 21 A3.Page 48 of 408 RUBICONSMARTCITY™ EVANSTON, IL – SOLID WASTE QUOTE APRIL 27TH, 2023 RUBICONSmartCity is a suite of technology products and services designed to help city governments run operations faster, smarter, and more effectively. With our unique technology installed in city trucks, RUBICONSmartCity can help the City of Evanston save money and provide more effective solid waste services. Our cost proposal is based on the information provided by the city of Evanston, IL. We believe the amount of hardware and software outlined in the two cost scenarios below is sufficient to meet the City’s goals. However, additional hardware can be provided for an added per vehicle cost. All pricing does not include applicable taxes. RUBICONSmartCity uses a Software-as-a-Service (SaaS) model for pricing. SaaS service models provide several advantages for the customer: Reduce the costs for hardware and software licenses compared with the traditional model because service usually resides in shared or multi-user environments. Reduce the time spent on installation and configuration reducing issues that complicate software deployment. Reduce maintenance costs since RUBICONSmartCity owns the environment and it is split among all customers that use that solution. Solution upgrades become available for customers automatically. Costs and effort associated with upgrades and new releases are lower than the traditional model that usually forces the user to buy an upgrade package and install it or pay for specialized services to get the environment upgraded. RUBICONSmartCity has provided the city of Evanston, IL with two cost scenarios below. The per vehicle cost outlined includes two components: a one-time implementation cost and a recurring yearly cost for each hardware and software component. Implementation costs include installation and any additional training and implementation services provided by the Customer Success Team. Recurring costs are hardware and software dependent. The recurring price includes all hardware, software, associated data, external hosting, maintenance, warranty and ongoing customer and technology support costs. All cost scenarios include 24x7x365 support through an online help desk. In addition, supplemental, standard or product releases will be provided to the city at no additional cost. COST SCENARIO 1: The first cost scenario is a Bring Your Own Device (BYOD) option. BYOD provides the ability for the city to procure its own Tablet devices and purchase a subscription to the RUBICONSmartCity Driver Application which is available for download in the Apple App Store. The purchased devices must meet RUBICONSmartCity’s requirements. Please note that in a BYOD scenario, the city is responsible for the management of its devices, all device maintenance, associated data charges, and applicable accessories. Page 19 of 21 A3.Page 49 of 408 This pricing includes: Unlimited City of Evanston, IL staff access to the Portal 10 subscriptions to the RUBICONSmartCity Driver App Implementation support including project management, training, testing and digitization External hosting in a secure cloud environment Ongoing account management services 24x7 technical support through RUBICONSmartCity’s online help desk COST SCENARIO 1 – BYOD TERM Description List Price 20% Discount COST YEAR 1 Implementation, Training & Support + RUBICONSmartCity Driver App $35,300.00 ($7,060.00) $28,240.00 YEAR 2 Recurring Cost for RUBICONSmartCity Subscription $22,800.00 ($4,560.00) $18,240.00 YEAR 3 Recurring Cost for RUBICONSmartCity Subscription $22,800.00 ($4,560.00) $18,240.00 GRAND TOTAL $80,900.00 ($16,180.00) $64,720.00 COST SCENARIO 2: RUBICONSmartCity will provide the City with In-Cab Interface Tablets, pre-loaded with the RUBICONSmartCity Driver App, and associated accessories. In this scenario, RUBICONSmartCity will be responsible for device management, associated data costs, device warranty and all associated accessories. RUBICONSmartCity’s ICIs are not permanently affixed to the trucks and are designed to be transferred between trucks. As such, the city can save on hardware costs and does not require an ICI for each solid waste vehicle but instead an ICI for the maximum number of routes a city runs. This pricing includes: Unlimited City of Evanston, IL staff access to the Portal 10 subscriptions to RUBICONSmartCity Driver App Lease of 10 In-Cab Interfaces (Tablets) o ICI Device Warranty - RUBICONSmartCity will cover up to 4 ICI breakages per year o All ICI accessories (chargers, cords, mounts, etc.) o All associated data and cellular charges Implementation support including project management, training, testing and digitization External hosting in a secure cloud environment Ongoing account management services 24x7 technical support through RUBICONSmartCity’s online help desk Page 20 of 21 A3.Page 50 of 408 COST SCENARIO 2 – LEASED DEVICES TERM Description List Price 20% Discount COST YEAR 1 Implementation, Training & Support + RUBICONSmartCity Driver App + In-Cab Interface $51,500.00 ($10,300.00) $41,200.00 YEAR 2 Recurring Cost for RUBICONSmartCity Subscription + In-Cab Interface $39,000.00 ($7,800.00) $31,200.00 YEAR 3 Recurring Cost for RUBICONSmartCity Subscription + In-Cab Interface $39,000.00 ($7,800.00) $31,200.00 GRAND TOTAL $129,500.00 ($25,900.00) $103,600.00 OPTIONAL ADDITIONS Description COST Fleet Optimization Services for the City’s Solid Waste Vehicles (One time cost) $2,500.00 per/vehicle System Integration(s) $250.00 per/hour Page 21 of 21 A3.Page 51 of 408 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: Darrell King, Water Production Bureau Chief CC: Edgar Cano, Public Works Agency Director Subject: Approval of a Three-Year, Sole-Source Agreement with Invoice Cloud for the Software-as-a-Service (SaaS) Electronic Bill Presentment and Payment Platform Date: July 10, 2023 Recommended Action: Staff recommends the City Council authorize the City Manag er to execute a three-year, sole- source agreement with Invoice Cloud (30 Braintree, Hill Office Park, Suite 303, Braintree, MA 02184) for the Software-as-a-Service (SaaS) Electronic Bill Presentment and Payment Platform (EBPP) in the amount of $205,833.00. This contract includes two optional 1 -year extensions. A sole source purchase requires a 2/3 vote of the Councilmembers. Funding Source: Funding (Account Unit Business Operations Other the Water by provided is Fund, 510.40.4225.62340), which has an approved FY 2023 budget of $254,000 and a YTD balance of $150,870.00. CARP: Municipal Operations Council Action: For Action Summary: The City Council approved an agreement with Municode Incorporated (OrbiPay) on October 9, 2017, to provide a centralized cashiering system that had the capability of integrating with all of the City's payment collection software systems. OrbiPay went live in February 2018 in the Collector's Office, and water billing was integrated in May 2021 following a new utility billing system implementation. Since going live following the integration with the utility billing system, the customer experience has been very frustrating. The following is a list of limitations of the OrbiPay software system: A4.Page 52 of 408 • No single sign-on integration with our other water software (Utility Billing System - True Point and WaterSmart software). The customer has to manage separate usernames and passwords. • Customer is forced to reset their passwords every 60 days. The water bills are sent out every 60 days, which means they must reset their passwords each time the bill is paid. • When customers pay using Interactive Voice Response (IVR), no balance on the account is provided prior to selecting the funding source for payment. The balance should be provided upfront. • Return payment-when a check is returned, or a credit card is declined, and the customer is on autopay, it will automatically remove them from autopay without any notification. All return payments have to be reversed manually by staff. The adjusted balance may not show up for days in order for the customer to re-pay. • Customers do not receive an email when their payment is declined. • Customers have issues with logging into the customer portal. They have to use a login user name instead of an email address which would be much easier on the customer. • Enrolling on the OrbiPay customer portal is very difficult due to the acceptable password requirements. • OrbiPay only notifies the customer of the current bill and no past due amounts or shut - off notices. • No final or corrected bills are shown as statements on the customer account. • Does not offer real-time payments. Payments should appear for the cu stomer and staff as soon as the payment is made instead of the following day. • Does not display balance history in the customer portal, only displays the account balance. • Doesn't offer multiple payment options like pay by text message, email, PayPal, Venmo, Apple Pay, and Google Pay. • No option for a one-click pay option. • Customers cannot put account numbers as shown on their statements when using the customer portal. Customers have to remove the dash, which triggers many complaints. • The sign-out button in the customer portal is hard to see. Even when staff describes it over the phone, it takes a while for the customers to see it. • 311 receives a lot of calls due to customers' frustration with the OrbiPay customer portal. • If a customer wants to update just the expiration date on a credit card, the customer has to delete the entire card number and enter it again. • If the customer is in the OrbiPay customer portal, there is no option to send staff an email regarding questions about their bill, payments, etc. • Customers that have selected to receive paperless water bills cannot see water bill messages or notifications. The customer only receives a standard email with no hyperlinks to pay. Benefits of purchasing the Invoice Cloud SaaS include: • Integrates with both WaterSmart and TruePoint SaaS via Application Programming Interfaces (APIs), thereby allowing a single sign-on solution. • Invoice Cloud offers several payment options - one-time payment, via email notifications, via text notifications, with electronic calendar reminders, IVR, enrolling in AutoPay – making an electronic payment quick and easy. Page 2 of 3 A4.Page 53 of 408 • Real-Time Data Refresh is used to always present the current balance to the online payer. • Offers the latest in payment technology with Apple Pay, Google Pay, PayPa l, and Venmo. • Offers digital wallets that add an additional layer of security. • Displays a copy of the utility bill online as the payer is making a payment. This will reduce incoming payment-related telephone calls. • The Invoice Cloud platform is designed to be a self-service platform and allows for the utility customer to enroll in paperless, AutoPay, and Pay by Text. • The utility customer can schedule a payment and arrange for recurring scheduled payments. • Invoice Cloud's Customer Portal is device- and browser-agnostic, working on any mobile device using Google Chrome, Apple Safari, Mozilla Firefox, Microsoft Internet Explorer, or Edge browsers. • Customers can add a donation to the charity of the biller's choice. Invoice Cloud fills in all the gaps where OrbiPay is deficient, as previously stated above. Staff is recommending a three-year agreement with two optional 1-year extensions. The following table summarizes the three-year cost: The City currently pays $5,000/month to process payments for all revenue-generating departments using OrbiPay. The cost for the Water Production Bureau only to switch from OrbiPay to Invoice Cloud would be $5,416.66/month. The FY 2023 approved budget projected water sales (Evanston) totals $10,120,856. The cost for on e full year of using Invoice Cloud represents 0.64% of the projected revenue. This recommendation is being brought with the intent to significantly improve the customer experience when utilizing the customer portal. The City previously used Invoice Cloud for water utility bill payment collection and bill presentment services. The Water Production Bureau staff and customers were very satisfied with Invoice Cloud prior to the City switching to the OrbiPay central cashiering system platform. Payment data will continue to be transmitted to OrbiPay via the utility billing system's (TruePoint) API that already exists between the two platforms. Page 3 of 3 A4.Page 54 of 408 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: Shane Cary, Architect/Project Manager CC: Edgar Cano - Public Works Agency Director; Lara Biggs - City Engineer Subject: Approval of an Agreement with Studio AH, LLC dba HPZS for Consulting Services Related to the Ecology Center Renovation (RFP 22-51) Date: July 10, 2023 Recommended Action: Staff recommends the City Council authorize the City Manager to execute an agreement with Studio AH, LLC dba HPZS (213 W. Institute Place, Suite 502, Chicago, Illinois 60610) for consulting services related to the Ecology Center Renovation (RFP 22-51) in the amount of $248,532.12. Funding Source: Funding will be from the Capital Improvement Fund 2018 General Obligation Bond in the amount of $20,032 and from the 2022 General Obligation Bond in the amount of $228,500. A detailed breakdown of funding is included in the attached memo. CARP: Municipal Operations, Building Efficiency, Resilience Regulations Council Action: For Action Summary: The Ecology Center building was originally built in 1974 and contained a lecture room, a laboratory, storage, and public restrooms. In 2001, a major ad dition and renovation was completed, which added a multi-purpose room, corridor, and vestibule to the building. Additionally, the laboratory was converted to a classroom, and the lecture room was converted to offices. An extension to the new classroom was completed in 2015, along with some improvements to the classroom floor. The building is now 6,200 square feet. A5.Page 55 of 408 The building is primarily masonry and wood construction with load-bearing masonry walls and a structural wood roof and floor. It has a crawl spa ce throughout most of the building, and building utilities are routed through this crawl space. The condition of the crawl space is dramatically different based on the age of the building construction. The building has a number of challenges that require renovation. On July 7, 2022, staff advertised a request for proposal (RFP 22-51) to solicit architecture and engineering firms to provide design services to investigate the building’s challenges and renovate the building. The City received seven proposals which staff reviewed and ranked. From these respondents, HPZS was recommended. On September 27, 2022, City Council authorized the city manager to execute a contract with HPZS. HPZS then began the initial phases of the project, including programming the Eco logy Center’s needs and investigating the building’s challenges. During the investigation, it was determined that the scope of work originally identified in the RFP and identified in the budget was insufficient. On June 26, 2023, City staff presented the findings of the consultant and got feedback on the scope of work moving forward. Feedback from the council indicated support for the Evanston Ecology Center, and to perform the necessary work to correct the deficiencies completely. Additionally, there was substantial support for correcting the entrance security issues and certifying the building with the LEED certification system. The project cost presented, which encapsulates these priorities, totals $3,404,400. The proposed fee for the revised project is $278,500. The new fee includes work that has already been completed in the amount of $29,967.88. Because purchasing rules limit the amount of change order to 50% of the original contract, and because the scope of work has changed dramatically, staff re commends ending the existing contract and entering into a new contract with a new scope for the remaining work to be completed. Analysis: HPZS provided the City with a revised proposal based on the identified scope of work for the project. Below is a breakdown of the consulting fees previously encumbered, previously expensed, and newly proposed: The consultant exceeds our MWEBE participation goals, and a memo reviewing this is attached. Page 2 of 4 A5.Page 56 of 408 Detailed Financial Summary: The following is a detailed breakdown of the funding sources: Legislative History: On September 27, 2022, the City Council approved a contract for Ecology Center Renovation (RFP 22-51) with Studio AH, LLC dba HPZS. On June 26, 2023, the City Staff presented Evanston Ecology Center Options for Repairs and Renovation. Attachments: HPZS MWDEBE Memo Ecology Center Reno Final Page 3 of 4 A5.Page 57 of 408 RFP 22 -51 Consulting Services Related to the Ecology Center Renovation , M/W/D/EBE Memo 07.10.2023 To: Edgar Cano, Public Works Agency Director Lara Biggs, Capital Planning & Engineering Bureau Chief Shane Cary, Project Manager, Architect From: Tammi Nunez, Purchasing Manager Subject: Agreement with Studio AH, LLC dba HPZS for Consulting S ervices Related to the Ecology Center Renovation (RFP 22-51) Date: July 10, 2023 The goal of the Minority, Women, Disadvantaged and Evanston Business Enterprise Program (M/W/D/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/D/EBEs to perform no less than 25% of the awarded contract. With regard to the recommendation for the Studio AH, LLC dba HPZS for Consulting Services Related to the Ecology Center Renovation, RFP 22-51, total base bid is $248,532.12 and they are found to be in compliance with the City’s goal. They will receive credit for 96% M /W/D/EBE participation. Name of M/W/D/EBE Scope of Work Contract Amount % MBE WBE DBE EBE Studio AH, LLC dba HPZS 314 W. Institute Place Suite 1E Chicago, IL 60610 Architectural Services $135,000 54% X CCJM Engineers Ltd. 303 E. Wacker Drive Suite 303 Chicago, IL 60601 MEP Engineering Services $105,000 42% X Total M/W/D/EBE $240,000 96% CC: Hitesh Desai, Chief Financial Officer Memorandum Page 4 of 4 A5.Page 58 of 408 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: Elizabeth Williams, Planning Manager CC: Sarah Flax, Community Development Director, Meagan Jones, Neighborhood and Land Use Planner Subject: Approval of Contract Award to HDR-A for the Comprehensive Plan and Zoning Code (RFP No. 23-32) Date: July 10, 2023 Recommended Action: The City Council discussed and directed staff to issue a Request for Proposals to rewrite the City's Comprehensive Plan and Zoning Code. Proposals were received from four firms and evaluated in accordance with the City's purchasing manual. Staff requests the City Council approve a contract with HDR-A in the amount of $750,000 to complete this effort. Funding Source: Funding will be provided by the American Rescue Plan Act (ARPA), account 170.99.9963.62236 CARP: N/A Council Action: For Action Summary: On March 27, 2023, the City Council discussed the process and timeline for re-writing the City's Comprehensive Plan and Zoning Code. At this meeting, the City Council directed staff to move forward with the RFP process. As a result, four responses were received prior to the close on May 16, 2023: Firm Location Cost HDR-A Chicago $750,000 A6.Page 59 of 408 Teska Evanston $700,000 MPact Collective New York N/A Senga Architects Chicago $200,000 The following staff reviewed proposals: • Kirsten Drehobl, Sustainability and Resilience Coordinator, City Manager's Office • Katie Boden, Economic Development Specialist, City Manager's Office • Kirstin Meyer, Community Health Specialist, Health & Human Services • Bridget Nash, Senior Project Manager, Bureau of Capital Planning and Engineering • Margaret Isaacson, Program Coordinator, Parks & Recreation • Meagan Jones, Neighborhood and Land Use Planner, Community Development • Melissa Klotz, Zoning Administrator, Community Development • Cade Sterling, Planner, Community Development • Liz Williams, Planning Manager, Community Development • Linda Thomas, Purchasing Specialist, Administrative Services The table below reflects the average scoring of each of the firms based on their proposals: RFP 23-32: Comprehensive Plan and Zoning Code Firm Qualifications and Expertise Project Approach Price Organization & Completeness of Proposal Willingness to Execute the Agreement M/W/EBE Interview Total Possible Points 25 25 20 10 10 10 25 125 HDR-A 19 20 18 9 8 10 24 107 Teska 21 22 19 9 10 10 15 106 MPact Collective 11 9 1 3 10 7 N/A 41 Senga 3 1 2 1 10 0 N/A 16 Staff recommends awarding the contract to HDR-A for the following reasons - • HDR-A submitted a strong and detailed proposal with a central focus on equity, public engagement, data visualization, and implementation. • HDR-A proposes a final product that is actionable for guiding future decision -making and laying out clear next steps to achieve the goals of the City's Comprehensive Plan and Zoning Code. • HDR-A seems to have a cohesive team that has worked together in the past on similar projects. This will aid City staff in managing this project. • During the interviews, the HDR-A team seemed to work together very well, instilling confidence that they could come together to make a strong product. They quickly directed questions to the correct member of the team and answered all questions fully with good examples. Page 2 of 94 A6.Page 60 of 408 Legislative History: On March 27, 2023, the City Council discussed this item and directed staff to issue a Request for Proposals. Attachments: MWDEBE Memo RFP 23-32 Comprehensive Plan Zone Code HDR Proposal for New Comprehensive Plan & Zoning Code Page 3 of 94 A6.Page 61 of 408 Comprehensive Plan and Zoning Code. RFP 23 -32, M/WD//EBE 07.10.2023 To: Sarah Flax, Community Development Director Meagan Jones, Neighbor Elizabeth Williams, Planning Manager From: Tammi Nunez, Purchasing Manager Subject: Comprehensive Plan and Zoning Code, RFP 23-32 Date: July 10, 2023 The goal of the M inority, Women, Disadvantaged and Evanston Business Enterprise Program (M/W/D/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/D/EBE’s to perform no less than 25% of the awarded contract. With regard to the recommendation for the Comprehensive Plan and Zoning Code RFP 23-32, HDR Architecture, Inc. total base bid is $750,000 and they are found to be in compliance with the City’s 25% goal. Name of M/W/D/EBE Scope of Work Contract Amount % MBE WBE DBE EBE Morreale Communications 6703 N. Northwest Highway Suite 2A Chicago, IL 60631 Communication Services $150,000 20% X Multilingual Connections 805 Greenwood Street Evanston, IL 60201 Translation and Language Services $37,500 5% X Total M/W/D/EBE $187,500 25% CC: Hitesh Desai, Chief Financial Officer/Treasurer Memorandum Page 4 of 94 A6.Page 62 of 408 City of Evanston Comprehensive Plan & Zoning Code RFP #23-32 May 16th, 2023 REQUEST FOR PROPOSALPage 5 of 94A6.Page 63 of 408 Contents A Cover Letter 04 B Qualifications & Experience of Firm and/or Team 10 C Area/Regional Manager(s) 38 D Fees 52 E Contract 56 F Scope of Work/Work Plan 62 G Exhibits 74Page 6 of 94A6.Page 64 of 408 Page 7 of 94A6.Page 65 of 408 A Cover LetterPage 8 of 94A6.Page 66 of 408 Page 9 of 94A6.Page 67 of 408 May 16, 2023 City of Evanston RE: RFP #23-32: City of Evanston Comprehensive Plan & Zoning Code Dear Selection Committee, hdrinc.com 30 W. Monroe Street, Suite 700, Chicago, IL 60603 T 312.470.9501 We at HDR Architecture, Inc. and our partners (ZoneCo, McAdams, Morreale Communications, Multilingual Connections, and ViewPro), thank you for this opportunity to submit this proposal for Evanston’s new Comprehensive Plan and Zoning Code. For this project we have assembled a dynamic, innovative, and well-respected team that is highly experienced in finding unique and innovative solutions for the opportunities and challenges in cities like Evanston to lead your project. It would be a privilege for our HDR team to actively contribute to the future vibrancy and legacy of the city. With over 100 years’ experience, at HDR we are able to create an unshakable foundation for progress because our multidisciplinary teams include planners, architects, landscape architects, engineers, scientists, economists, builders, analysts, and artists. At HDR, the promise of doing things right to make great things possible is at the heart of our Environmental, Social and Governance commitment. We have dedicated ourselves to transparency in our goals, practices, and policies surrounding sustainability, carbon reduction, diversity, inclusion and equity, health, and how we engage in the communities where we live and work. Evanston is a vibrant city with a rich culture and history that positively impacts Northern Illinois and the Chicago Region. The city’s built environment within its historic neighborhoods and Downtown has consistently placed Evanston high on the list of best places to live in the US and provides a unique tapestry to envision and implement bold and achievable placemaking, urban design, multimodal transportation, transit, and land use. Our team includes members who are deeply familiar with the city and current issues. As a resident of over 25 years our Principal In Charge, Jon Brooke is proud to call Evanston home. He is always encouraging people looking to move to the area to consider Evanston, and why wouldn’t you? People who live here love its location, its diverse and engaged community, its kid and dog friendly urban/suburban feel, its walkability, its great schools—with a single high school that unites the whole community, top class community park facilities, including the wonderful Robert Crown Center, great food, arts and culture and great facilities for seniors. Proximity and easy access to Chicago provides a wealth of cultural opportunity. Proximity to the lake provides great recreational access, access to nature and a limitless supply of water! The presence of Northwestern University helps to put Evanston on the map. Some initial conversations with residents and business owners reflect the quirkiness of the community, like the lack of names for the City’s neighborhoods, the oddly dim lighting in neighborhoods, and the irony that a former cradle of the Temperance movement, and a dry town until 1972, now sports two breweries and a distillery. Some things our team has heard from their fellow residents and professional colleagues point to opportunities for improvement, and these are at the heart of the need for a new comprehensive plan and zoning code. Page 10 of 94A6.Page 68 of 408 PAGE 07 CITY OF EVANSTON The community is very diverse, one of the specific reasons Jon and many of his neighbors and other residents chose to raise their children here. But there is a perception in the community that there are instances where lip service is paid to this idea without any real action. While the City leads the nation in adopting reparations, there remain undeniable shadows of redlining and restrictive covenants, and more work needs to be done to engender real equity. Recent findings from our partners at ZoneCo, who have studied the zoning code, show that it actively works against opportunities for many. Recent studies have shown opportunities to live a healthy life are greatly reduced in parts of the community. In addition, a recent Quality of Life Score ranks housing and amenities lowest among reasons to live here. The town-gown relationship with Northwestern has many positives, but as a wealthy institution, its tax-exempt status, while deserved, has an economic and community impact on Evanston that is not appreciated by many in the community and will need to be looked at during this planning process. Similarly, the transportation network, while robust in places, leaves some parts of the city behind in terms of access to or condition of pedestrian and bike networks and transit service. Additionally, the CTA bridges create unique challenges for deliveries to residents and businesses by some types of commercial vehicles. We believe that our team made up of local, national, and global thought-leaders and change agents with decades of experience in the planning and design like Peter Calthorpe, Charles Hales, and Mitchell Silver, is the right team to work with you to develop a comprehensive plan and zoning code that is bold, visionary, and implementable for city staff and city leaders, and supportive of the entire community. It would be a privilege and honor to work with you to update Evanston’s Comprehensive Plan and Zoning Code and chart an implementable path for the future. We look forward to presenting our qualifications to you in person; should you have any questions or need further information please contact Jon Brooke, our team’s Principal-in-Charge and the person who would be responsible for administration of this project at Jon.Brooke@hdrinc.com or 312.661.2033. Sincerely, HDR Architecture, Inc. Grace K. Rappe Managing Principal/ Authorized Representative Jon Brooke Principal-in-Charge Point of Contact We acknowledge receipt and compliance with the following addenda issued during the procurement: •Addendum 1Page 11 of 94A6.Page 69 of 408 PAGE 08 TAB A | COVER LETTER Why HDR? In our team the City of Evanston will find an effective planning and implementation partner that brings: Thought-leaders and change agents – Our Subject Matter Experts for this project include: Peter Calthorpe, an internationally recognized thought leader in the field of community and regional planning. Peter was one of the founders of the Congress for New Urbanism and was its first board president. In his book The Next American Metropolis: Ecology, Community, and the American Dream, Peter introduced the concept of Transit-Oriented Development, an idea that is now the foundation of many regional policies and city plans around the world. Mr. Calthorpe also provided direction for HUD’s Empowerment Zone and Consolidated Planning Programs as well as the Hope VI program to rebuild some of the country’s worst public housing projects during the Clinton presidency. More recently, as the National Director of Design at HDR Peter has worked with the legislation in California on affordable housing laws; worked with United Nations to publish his book Ending Global Sprawl that discusses his 10 principles that can be used to successfully balance preservation and growth in an environmentally and fiscally sustainable and resilient manner; and has advocated for a new Grand Boulevards approach to urban design that calls for repairing ubiquitous but outdated strip malls to build accessible workforce housing, investing in transit, and humanizing the asphalt wastelands that divide our communities while increasing the return on investments for both cities and developers. Peter looks forward to developing strategies and solutions to breathe new life and purpose to strip malls, or similar single commercial uses that are seen commonly found along some sections of arterials, like Dempster, Main Street and Chicago Avenue. Many strip and shopping centers in such areas are well positioned to become incubators for mixed-use development with a diversity of housing and reinvestment in these aging areas, as well as providing the potential to right a historic wrong of deliberate zoning policies aimed at displacement of residents of color. Strategies to reinvigorate similar low- density or underperforming single land uses will be key to a successful comprehensive plan update that should provide new opportunities for economic growth and affordable housing in Evanston. Our team’s other subject matter expert for this project is Charles (Charlie) Hales, who is Senior Vice President and Urban Design Director for HDR and previously served as the Mayor of Portland. Charlie is a national leader in planning and has led numerous teams in implementation of comprehensive plans, including the development and implementation of Portland’s award winning 2016 Comprehensive Plan Update. Charlie has also focused on developing citywide and neighborhood plans for transit and streetcar lines. As a former elected official, Charlie looks forward to engaging Evanston’s city leadership and the business community to promote the positive impacts of transit and neighborhood based economic development that would result from effective revitalization strategies for Downtown, and community subareas. World Class Resources – Our team functions as a local firm backed by a depth of resources and expertise of a global consulting firm with more than 11,000 employees, working in more than 200 locations around the world, pushing open the doors to what’s possible each and every day with a record of serving municipal clients since 1917. Because of our breadth of markets and professional services a vast range of additional resources are available to our project team through HDRs staff in other disciplines such as Decision Economics, Branding, Visualization + Interactive Design, Infrastructure Engineering and much more. Familiarity with Local Issues – Our team members understand the local issues and have been engaged with the local agencies to find cost-effective and context- sensitive solutions. Members of our team have lived, worked, and played in Evanston for years. This in addition to ZoneCo’s recent completion a vital equity review of the Zoning Code, together with Morreale Communications’ public engagement work in support of several city initiatives and studies gives us an understanding of a broad range of issues citywide. This familiarity will allow us to hit the ground running. History Performing Comparable Work – HDR team members have a proven track record of working with the cities like Evanston to help alleviate challenges and find cost-effective planning strategies and delivering comprehensive plan and zoning code projects on-time and in budget. Page 12 of 94A6.Page 70 of 408 PAGE 09 CITY OF EVANSTON Our team’s Equity Director, Mitchell (Mitch) Silver is an award-winning planner, and one of the nation’s most celebrated urban thinkers implementing planning with an emphasis on diversity, equity, and inclusion. He was selected to Planetizen’s list of the 100 Most Influential Urbanists in the world. In addition, he has been honored as one of the top 100 City Innovators in the world by UBM Future Cities, and the Urban Times named him one of the top international thought leaders of the built environment. Mitchell’s work as New York City’s Park Commissioner where he developed programs that created equity and inclusiveness in the city’s parks and the planning process is truly inspirational. Mitch looks forward to working with City of Evanston staff to develop innovative, equitable, and inclusive strategies focused on populations that have historically not participated in comprehensive planning in the City. In addition, our public engagement partners Morreale Communications bring a depth of public engagement experience, working in diverse communities throughout the Chicago Region, including Evanston, and a set of truly innovative tools and methodologies discussed in this proposal to engage the community in a meaningful way, especially traditionally underrepresented and vulnerable communities to develop an implementable comprehensive plan and a useable zoning code. Our language translation partner, Evanston-based Multilingual Connections uses an innovative language justice philosophy when engaging in translation services whether for a website, a written document, or during live meeting translations. They are experienced in translating legal and government documents in over 75 languages. They will assist with the significant bilingual delivery of project documentation and can provide multilingual assistance as needed during public outreach and engagement activities. How We Will Work With You Our formula for success is a collaborative process with City of Evanston staff and the community to develop a bold and visionary plan and zoning code that is implementable with short- and long-term benchmarks and will not be shelved upon adoption or need waivers and variances to the regulations. Unlike other firms, we do not copy and paste from previous plans or codes but will instead build upon our award-winning process of engagement by building upon the successes, challenges, and opportunities of Evanston, particularly in its expressed and demonstrated desire for greater equity in all aspects of the community. That starts with listening to the community based on its own agenda and on its own terms. The recent pandemic and climate change have both demonstrated that the world is quickly changing in how residents live and work, and how communities address economic development, transportation, and infrastructure based on shifting work habits, limited resources, resilience, and population growth. We are excited to collaborate with Evanston to develop a positive and impactful vision, a plan, and a code that will impact the vitality of the community for the next ten years and beyond. What other city can say that it was first to adopt racial reparations in the form of restorative housing? This is truly a special place! With Evanston’s strategic location, key institutions like Northwestern, two trauma level one hospitals, and its diverse and engaged community the opportunities are endless.Page 13 of 94A6.Page 71 of 408 B Qualifications & Experience of Firm and/or TeamPage 14 of 94A6.Page 72 of 408 Page 15 of 94A6.Page 73 of 408 PAGE 12 TAB B | QUALIFICATIONS & ExPERIENCE OF FIRM AND/OR TEAM HDR Urban Planning and Design We Design to Unite People and Elevate the Human Spirit We are an integrated, multidisciplinary design practice dedicated to creating places and spaces that elevate the human spirit and inspire human endeavors. We are inspired to create space typologies to provide solutions to societal challenges and create stronger, more vibrant communities. Leading Transformation In The Community We believe our clients should expect more value in their design engagements. Our efficient and solutions-driven design process reduces risk for all stakeholders and brings many benefits to our clients. Thoughtful integration of preservation techniques and emerging trends into the planning process improves our client communities while letting creativity flourish. Broadening the lens on every project to understand impact to community and societal well-being facilitates more holistic, integrated solutions. Embracing Every Opportunity for Innovation By uniting bright minds and diverse perspectives, we have successfully designed projects at every scale, from site-level plans to neighborhood plans to area plans to citywide comprehensive plans. Alternative delivery models have created long-term value for our clients and for the users of the communities and spaces we design. Clients appreciate our data-driven methodology during early design and planning stages, an approach that reduces the traditional and lengthy iterative process of trial and error. Envisioning a Regenerative Future Rather than simply focusing on “sustainability,” which calls for doing no harm, our novel regenerative design framework for projects are helping clients achieve the positive impacts that come from moving beyond the basic. That means we collaborate with clients, stakeholders and community at large to identify renewal-focused impacts and metric-driven solutions for environmental, social and health categories. About HDR Notable Rankings Expertise No. 2 Architecture/Engineering Firms Building Design+Construction, 2021 No. 3 Top 100 Global Design Firms Building Design World Architecture 100 Survey, 2022 No. 4 Top 50 Firms in Sustainability Architect 50, 2019 No. 1 Winner–Collaboration Architizer A+ Firm Awards, 2021 1917 year established 105 years in business 10,872 global employees 2,414 design staff 225 global office locations 40+ AIA Awards over the past 5 years Finalist in the 2020 Fast Company World Changing Company of the YearPage 16 of 94A6.Page 74 of 408 PAGE 13 CITY OF EVANSTON Multilingual Connections is a human-powered and tech-driven global language solutions company. They provide culturally nuanced translation, transcription, transcreation, multimedia localization and multilingual moderation to help you understand, engage and grow your multilingual audience. With their international network of professional linguists, dedicated project managers and expertise in research and across industries, they make sure you accomplish your goals, no matter the language. They’re a woman-owned small business based in the Chicago area and their certifications include WBENC, WBE, WOSB, EDWOSB and DBE. And of course they’re members of the American Translators Association (ATA), Association of Language Companies (ALC) and Globalization & Localization Association (GALA). ViewPro application provides the end user complete control of GIS data, help infer valuable insights from the data and lead to decision-making. After more than 15 years in the industry, their founder saw a critical need to create a GIS platform that allows the end user to have full access to GIS data through a fully customizable and configurable web application. They recognize and share the pain to own mainstream GIS software and the cost to maintain a full time GIS technical personnel - it is just not well suited to help a small to medium sized communities. Hence, they developed a better solution using ESRI’s platform embedded with proprietary technology to create an easy to use platform to publish all your map data online. These applications can automate your day to day work flows and can save valuable time and resources. ZoneCo is a zoning code consulting firm based in the Midwest and our core focus is updating and auditing zoning codes. Our professionals have all held public positions, and we understand the complexities of administering a zoning code. Public sector experience has also enabled us to effectively facilitate and foster public engagement. Our work has spanned the Midwest and Eastern United States, and we are passionate about being part of positive change in the communities we serve. Founded in 1979, McAdams is a full-service civil engineering, land planning, landscape architecture and geomatics firm headquartered in Raleigh, North Carolina with offices in Dallas-Fort Worth, Texas and Durham and Charlotte, North Carolina. McAdams has built its reputation throughout the industry over 43 years by delivering unmatched expertise and unwavering commitment to clients in a variety of markets, including municipal, education, healthcare and energy, as well as commercial and residential development. Founded in 2006, Morreale Communications was designed with a unique blend of journalism, government, media and creative services to provide innovative strategic solutions for a wide variety of clients in the public and private sectors. They are dedicated to operating as a strong advocate for inclusion and the elevation of diverse voices. They are a certified WBE/WBENC agency and leading the industry with an all-female leadership team and 90% female and minority workforce. Through their work they want to create a platform for their team members to become leaders in the diverse business communities and industries in which they live and work. Their dedication to diversity and inclusion is not limited to their internal operations. Ensuring that all populations impacted by their clients and their projects are provided meaningful opportunities to help shape project outcomes is at the core of the firm’s mission.Page 17 of 94A6.Page 75 of 408 PAGE 14 TAB B | QUALIFICATIONS & ExPERIENCE OF FIRM AND/OR TEAM The respondent must provide relevant professional certifications held by professional staff persons, who would be assigned to the project team and Area/Regional Manager(s) as applicable Name Firm Project Role Certification Grace K. Rappe HDR Authorized Binding Official/QAQC Architect, IL, #001016318; LEED AP Jon Brooke HDR PIC/Planning & Urban Design Landscape Architect, IL, #157001198; LEED AP Shai Roos HDR Project Director/Implementation AICP #019370 Mitchell Silver McAdams Implementing Equity & Inclusion in Planning AICP #013522 Steve Schukraft HDR Planning & Urban Design AICP #015562 Katherine Westably ZoneCo Zoning Ordinance AICP #29605 Adam Rolstad HDR Mobility & Connectivity AICP #310974; ISI Envision Sustainability Professional, #18718 Jeff Young HDR Mobility & Connectivity Professional Engineer, IL, #062055033 Mindy Moore HDR Mobility & Connectivity AICP #123811 Justin Robbins HDR Mobility & Connectivity AICP #027812 Stefanie McQueen HDR Implementation AICP #023652 Rachel Cotter McAdams Implementation Landscape Architect, NC, #1690 Patrick McDonough HDR Interactive Mapping AICP #140953 Eric Neubauer HDR Infrastructure Professional Engineer, IL, #062-059188 Jacob Walker HDR Infrastructure Professional Engineer, Tx, #122057Page 18 of 94A6.Page 76 of 408 PAGE 15 CITY OF EVANSTONPage 19 of 94A6.Page 77 of 408 PAGE 16 TAB B | QUALIFICATIONS & ExPERIENCE OF FIRM AND/OR TEAM Page 20 of 94A6.Page 78 of 408 PAGE 17 CITY OF EVANSTON CLIENT Confidential CLIENT CONTACT Lewis Knight Director Address is Confidential +1 415.519.8634 lewisknight@fb.com PROJECT DATES 8/2019 – 2/2021 TYPE OF OPERATION Small Area Plan [Innovative Housing and Economic Development Strategy, Multi-Modal Transportation] RELEVANCE/SIMILARITY •Mixed-Use, multi- modal suburban strip redevelopment with a focus on housing equity and local economic development stimulus. El Camino Real represents 43 miles of classic ‘strip’ commercial land in the heart of Silicon Valley. Our breakthrough analytical and visioning study demostrated how this corridor can be tranformed to provide up to 250,000 units of new workforce and affordable housing, opportunities for small business growth, and next generation public transit solutions. This underutilized commercial corridor totals 16,000 acres; if redeveloped, this land could provide close to 2 million new houses close to jobs and existing services. While not invading residential areas or tearing down affordable apartment buildings, our visioning study showed how this commercial land could be rebuilt with mixed-use structures, keeping attracting new, local retail businesses on the ground floor while adding condos and apartments above. Massive infill, but not as politically controversial as residential demolition or new infill densities in existing residential neighborhoods. Our analysis showed how the historic El Camino Ave at 120’ could be reshaped to keep its six auto lanes while adding space for bikers, generous sidewalks and two new transit lanes. With cafés, shops and housing at the edges, this would transform an eye sore into something like the vibrant grand boulevards of our historic cities. These exercises demonstrate the housing capacity and economic benefits of the broader, outside- the-box housing and economic strategy that is applicable to entire Bay Area. The study goes further to demonstrate the range of transit and transportation options that can serve to create more equitable and sustainable neighborhoods within each corridor and region-wide. El Camino Real Corridor Study Bay Area Region, CAPage 21 of 94A6.Page 79 of 408 PAGE 18 TAB B | QUALIFICATIONS & ExPERIENCE OF FIRM AND/OR TEAM Page 22 of 94A6.Page 80 of 408 PAGE 19 CITY OF EVANSTON CLIENT Hillsborough Area Regional Transit (HART) CLIENT CONTACT Omar Alvarado Chief Delivery Officer HART 1201 East 7th Avenue Tampa, FL 33605 813.384.6553 AlvaradoO@gohart.org PROJECT DATES Start: 2020 End: 2022 TYPE OF OPERATION Inclusive Public Engagement, integrated land use and mobility planning, transit, corridor redevelopment & retrofit RELEVANCE/SIMILARITY •Innovative solutions for improving walkability & access to transit. •Promoting equitable infill & redevelopment. •Possible case study for reevaluating Evanston’s neighborhoods near transit. The Hillsborough Area Regional Transit (HART) TOD Pilot Project is focused on the future of communities along the planned routes for HART’s Arterial Bus Rapid Transit (BRT) service and the City of Tampa’s Streetcar Extension project. The project study area extends from Downtown Tampa to the University of South Florida (USF). The HDR team, including SB Friedman Development Advisors and Plusurbua, is worked with local stakeholders to explore the potential for infill, redevelopment, and retrofit along the project corridor to increase levels of transit supportiveness, improve community livability and competitiveness, and increase access to regional employment and educational destinations. The project resulted in policy and regulatory strategies and tools to guide public and private investment, promote equitable infill and redevelopment, conserve and protect corridor communities, improve walkability and transit accessibility, and build demand for enhanced transit service. Recommendations were designed for application along other corridors planned for enhanced transit across the City of Tampa and Hillsborough County. A robust strategic communications and engagement program was developed to support intensive agency, corridor stakeholder, and public engagement. This project was partially funded through the Federal Transit Administration’s (FTA) Pilot Program for TOD Planning which provides resources to help local communities integrate land use and transportation planning along fixedguideway and core capacity transit project corridors. Hillsborough Area Regional Transit (HART) TOD Tampa, FLPage 23 of 94A6.Page 81 of 408 PAGE 20 TAB B | QUALIFICATIONS & ExPERIENCE OF FIRM AND/OR TEAM Page 24 of 94A6.Page 82 of 408 PAGE 21 CITY OF EVANSTON CLIENT Saint Anthony Hospital CLIENT CONTACT Guy Medaglia President & CEO Saint Anthony Hospital 2875 West 19th Street Chicago, IL 60623 773.484.1800 gmedaglia@ saintanthonyhospital.org PROJECT DATES Start: late 2020 Completion: 01/2022 TYPE OF OPERATION Long-range Plan and Zoning Code Write- up and Adoption RELEVANCE/SIMILARITY •Planning motivated by socio-economic dynamics of local area •Health-oriented development [possible case study for St. Francis Hospital area and/or Evanston Hospital] HDR was selected to design the new 30 acre Focal Point Community located on the southwest side of Chicago, Illinois. It is designed to help improve the lives of more than 400,000 residents in Southwest and West Chicago, representing the Little Village, Pilsen, North Lawndale, Brighton Park, Back of the Yards and Archer Heights neighborhoods. This plan includes retail, community and education spaces, field house with pool and exercise areas, and a large park with sports fields and basketball courts. The result is a health oriented development with a hospital campus that is integrated into the surrounding community to improve their well-being and quality of life. Beyond being designed to provide the balance necessary to keep the recommendations financially sound, each aspect of the plan was influenced by research into the needs of the community – including a formal study conducted by HDR in conjunction with two academic partners. The plan and code was adopted by City Council in 2022. HDR is now working to implement the plan and has currently been tasked to design an iconic building that fits appropriately within a highly prominent industrial corridor and the community. It will be one of the first projects where evidence-based design is brought to the community scale, for example, fully integrating a healthcare institution into the community context. Focal Point Community Campus Chicago, ILPage 25 of 94A6.Page 83 of 408 PAGE 22 TAB B | QUALIFICATIONS & ExPERIENCE OF FIRM AND/OR TEAM Page 26 of 94A6.Page 84 of 408 PAGE 23 CITY OF EVANSTON CLIENT City of Clearwater CLIENT CONTACT Lauren Matzke, AICP Assistant Director Planning & Development Department City of Clearwater 100 S Myrtle Ave., 2nd Floor, Clearwater, FL 33756 727.562.4547 Lauren.Matzke@myclearwater.com PROJECT DATES Start: 2021 End: 2023 TYPE OF OPERATION Land use, mobility, housing, economic development chapters, Robust Public Engagement, Comprehensive Plan RELEVANCE/SIMILARITY •A comprehensive plan focused on responding to growth and changing demographics. •Guiding economic investment while promoting affordable development. Building on over a decade of planning and urban design work for the City of Clearwater, HDR is assisting the City in completing an update to the Clearwater Comprehensive Plan. HDR is providing the following services to city planning staff: •Developing a brand identity for plan communications and reports. •Completing planning best practice research. •Preparing strategies for community outreach and engagement. •Documenting socioeconomic, demographic, land use, housing, and mobility conditions. •Crafting a land use and development Plan Framework to guide plan development and engagement. •Drafting goals, objectives, and policies for the Land Use and Mobility Chapters of the plan. •Assisting staff in plan presentations and engagement activities. As a largely built-out community in central Pinellas County, the Plan Framework and chapters focus on guiding investment to key centers and corridors, protecting neighborhood character, and promoting affordable forms of development. Clearwater 2045 Comprehensive Plan Update Clearwater, FLPage 27 of 94A6.Page 85 of 408 PAGE 24 TAB B | QUALIFICATIONS & ExPERIENCE OF FIRM AND/OR TEAM Page 28 of 94A6.Page 86 of 408 PAGE 25 CITY OF EVANSTON CLIENT City of Steamboat CLIENT CONTACT Winnie DelliQuadri, Steamboat Springs Special Projects/Intergovernmental Services Manager 124 10th Street Steamboat Springs, CO 80477 970.871.8257 Wdelliquadri@steamboatsprings.net PROJECT DATES Start: 2020 End: 2021 TYPE OF OPERATION Community Engagement, City- wide Long range Planning, Code Amendment Recommendations RELEVANCE/SIMILARITY •Innovative solutions for future mobility tech •Possible Case Study planning for Electrification by 2050 Located in a beautiful mountain setting, the City of Steamboat Springs (the City) wanted to help prepare their city for greater adoption of EVs, while seeing that EVs were more affordable and accessible for residents and visitors. To accomplish this goal, the City hired HDR to develop a public-facing, detailed EV Readiness Plan. This plan serves as a guide for the City to promote EV readiness within the community as a public entity, within its workforce as an employer and within its vehicle fleet as a fleet operator. The City aimed to “encourage” EV adoption, rather than simply “support” EV demand. Our team worked with the City to clearly define the project mission and goals, then undertaking assessments of existing conditions in the region and conducting robust public engagement in support of the established objectives. The team noted market trends that impacted the City (including national EV and EVSE trends) and looked at gaps and perceived barriers that potentially hampered widespread adoption of EVs in the region. Our team looked at EV trends in the region and beyond, existing EVSE availability and siting, conducted a gap analysis and engaged area non- profits and community groups to discuss the needs of local populations related to electrified transportation. We also worked with a diverse group of stakeholders, including ski resorts, and visitor access to opportunity charging was an important plan factor. The team even conducted meetings with local automotive businesses, learning about purchasing and servicing challenges residents and visitors face in this mountain town. The team consolidated the findings into a highly graphic, publicly available final report, which also detailed strategies and tactics the city can implement to actively encourage EV adoption by residents and visitors. EV Readiness Plan Steamboat Springs, COPage 29 of 94A6.Page 87 of 408 PROJECT EXPERIENCE City of Evanston / Comprehensive Plan + Zoning Code creating experiences through experience 4 Pack Square Vision Document > Asheville, NC The one-and-a-half-acre Pack Square Plaza is a place of civic pride and expression that sits at the intersection of the municipal, cultural and institutional anchors. This collaborative community engagement and planning process is intended not only to create a new and welcoming gathering place, but to create a planning process that facilitates healing, shared values and inclusive programming – a place that will bring people together rather than divide them. The vision document is also intended to provide more equitable outcomes in the areas of public health; safety; social; and economic development and artistic and cultural expression. The City of Asheville and Buncombe County understand that it is time to set a new narrative around the past, present and future of Pack Square Plaza. By having conversations about the site and broader issues, we can create community consensus for a vision document that will serve as a guidebook to illustrate how the Vance Monument site, Pack Square Plaza and surrounding area can be redeveloped for the future. > PROJECT OWNER: City of Asheville > PROJECT REFERENCE: Steph Monson Dahl City of Asheville Urban Design + Place Strategies Manager 70 Court Plaza, 4th Floor Asheville, NC 28801 828. 337. 4111 sdahl@ashvillenc.gov > PROJECT DATES: Start: 07/2022 End: 05/2023 (est.) > PROJECT COSTS: Construction: N/A Design Fee: $115,000 > PROJECT SIZE: 1.5 acres > SERVICES PROVIDED: Visioning Public Engagement Conceptual Design Image credit: https://my40.tv/news/local/gallery/asheville-buncombe-county-begin-work-on-plans- for-pack-square-plaza-vance-monument?photo=3 PROJECT EXPERIENCE City of Evanston / Comprehensive Plan + Zoning Code creating experiences through experience 5 Parks + Recreation Comprehensive Plan System-wide Plan > Durham, NC McAdams was commissioned by the City of Durham to complete a new Parks and Recreation Comprehensive Plan for a system that currently has over 75 parks and faculties and serves over 285,000 people. This plan will be developed closely with staff and the community, and will serve as a blueprint for the City as it and its system grows over the coming years. This plan will include an assessment of the current system; demographics and trends review; diversity, equity and inclusion assessment; climate resilience assessment; benchmarking; level of service; community engagement; scientific survey; and program, operations, maintenance and financial assessments. The team is working to develop a dynamic plan that is responsive to a large, growing city and addresses the needs of the current and future system. > PROJECT OWNER: City of Durham > PROJECT REFERENCE: Joy Guy City of Durham Assistant Director 400 Cleveland Street Durham, NC 27701 919. 560. 4355 joy.guy@durhamnc.gov > PROJECT DATES: Start: 01/2023 End: 05/2024 (est.) > PROJECT COSTS: Construction: N/A Design Fee: $429,545 > PROJECT SIZE: City-wide Parks System > SERVICES PROVIDED: Park Planning Landscape Architecture Public Engagement Policy Assessment + Recommendations Resiliency Assessment Equity Assessment Operations + Maintenance Management PAGE 26 McAdams was commissioned by the City of Durham to complete a new Parks and Recreation Comprehensive Plan for a system that currently has over 75 parks and faculties and serves over 285,000 people. This plan will be developed closely with staff and the community, and will serve as a blueprint for the City as it and its system grows over the coming years. This plan will include an assessment of the current system; demographics and trends review; diversity, equity and inclusion assessment; climate resilience assessment; benchmarking; level of service; community engagement; scientific survey; and program, operations, maintenance and financial assessments. The team is working to develop a dynamic plan that is responsive to a large, growing city and addresses the needs of the current and future system. The one-and-a-half-acre Pack Square Plaza is a place of civic pride and expression that sits at the intersection of the municipal, cultural and institutional anchors. This collaborative community engagement and planning process is intended not only to create a new and welcoming gathering place, but to create a planning process that facilitates healing, shared values and inclusive programming – a place that will bring people together rather than divide them. The vision document is also intended to provide more equitable outcomes in the areas of public health; safety; social; and economic development and artistic and cultural expression. The City of Asheville and Buncombe County understand that it is time to set a new narrative around the past, present and future of Pack Square Plaza. By having conversations about the site and broader issues, we can create community consensus for a vision document that will serve as a guidebook to illustrate how the Vance Monument site, Pack Square Plaza and surrounding area can be redeveloped for the future.Page 30 of 94A6.Page 88 of 408 PROJECT EXPERIENCE City of Evanston / Comprehensive Plan + Zoning Code creating experiences through experience 5 Parks + Recreation Comprehensive Plan System-wide Plan > Durham, NC McAdams was commissioned by the City of Durham to complete a new Parks and Recreation Comprehensive Plan for a system that currently has over 75 parks and faculties and serves over 285,000 people. This plan will be developed closely with staff and the community, and will serve as a blueprint for the City as it and its system grows over the coming years. This plan will include an assessment of the current system; demographics and trends review; diversity, equity and inclusion assessment; climate resilience assessment; benchmarking; level of service; community engagement; scientific survey; and program, operations, maintenance and financial assessments. The team is working to develop a dynamic plan that is responsive to a large, growing city and addresses the needs of the current and future system. > PROJECT OWNER: City of Durham > PROJECT REFERENCE: Joy Guy City of Durham Assistant Director 400 Cleveland Street Durham, NC 27701 919. 560. 4355 joy.guy@durhamnc.gov > PROJECT DATES: Start: 01/2023 End: 05/2024 (est.) > PROJECT COSTS: Construction: N/A Design Fee: $429,545 > PROJECT SIZE: City-wide Parks System > SERVICES PROVIDED: Park Planning Landscape Architecture Public Engagement Policy Assessment + Recommendations Resiliency Assessment Equity Assessment Operations + Maintenance Management PROJECT EXPERIENCE City of Evanston / Comprehensive Plan + Zoning Code creating experiences through experience 6 Southeast Area Plan Preserving Cultural Character > Denton, TX HDR and McAdams are working with residents and stakeholders to identify areas that are important for preserving the cultural character of the Southeast Denton neighborhoods; address the development pressures being felt within and adjacent to the study area; identify areas where change can occur for the advancement of the neighborhood; and to suggest ideas for future improvements. > PROJECT OWNER: City of Denton > PROJECT REFERENCE: Tina Firgens City of Denton Deputy Director Development Services 401 North Elm Street Denton, TX 76201 940. 349. 8507 tina.firgens@cityofdenton. com > PROJECT DATES: Start: 02/2023 End: 03/2024 (est.) > PROJECT COSTS: Construction: TBD Design Fee: TBD > PROJECT SIZE: approximately 70 blocks > SERVICES PROVIDED: Land-use Planning Neighborhood + Parks Assessment Public Engagement Equity Assessment Implementation Strategies PAGE 27 HDR and McAdams are working with residents and stakeholders to identify areas that are important for preserving the cultural character of the Southeast Denton neighborhoods; address the development pressures being felt within and adjacent to the study area; identify areas where change can occur for the advancement of the neighborhood; and to suggest ideas for future improvements. This planning effort aims to address the generational harm done by 100 years of policies designed to keep the African American community from building economic wealth. The public engagement framework for this project has been carefully designed to be both equitable and inclusive and ensure that the planning is a collaborative effort with the community leading the solutions.Page 31 of 94A6.Page 89 of 408 EVANSTON, ILLINOIS EQUITY ZONING AUDIT PROJECT SCOPE ZoneCo was hired by a housing organization to do an equity zoning audit of the City of Evanston Zoning code. SKILLS AND TECHNIQUES • Equity Zoning Code Diagnostic • Collaboration with housing organization and other City organizations for equity diagnostic engagement • Collaboration with City of Evanston for input into the report PROJECT OVERVIEW ZoneCo was hired to critically review the Evanston Zoning Code through the lense of equity. The initial analysis led to an array of observations about development standards, use standards, definitions, administration and procedures, commercial zoning, and residential zoning. After an initial review was completed, Connections for the Homeless received a $100,000 grant to do comprehensive community engagement campaign with historically underrepresented community members. The results of the community engagement will be factored into the final zoning equity audit. MUNICIPAL PROJECT MANAGER REFERENCE Sue Loellbach Manager of Advocacy (she, her, hers) 2121 Dewey Ave, Evanston, IL 60201-3057 sloellbach@ connect2home.org (224) 999-3712 3 CATEGORIZING PROVISIONS The zoning code contains roughly 800 provisions. For the purposes of this assessment, we have categorized each provision into one of three categories: Categorization of Provisions Policy There are instances where overarching policy goals are listed within the zoning code. For example, “Purpose Statements” found throughout the code contain prescriptive language about what a particular provision or provisions are trying to accomplish, like the following: “The R3 two- family residential district is intended to provide for infill development of single-and two-family residences in moderate density neighborhoods and to preserve the present physical character of such neighborhoods.” 1 Procedures All zoning codes contain procedures which are essentially action steps that must be taken to receive planning approvals or permits. For example, “an application for a special use permit may be filed with the Zoning Administrator by the owner or lessee of the subject property or other person having a legal or equitable interest in the subject property.” 1 Development Standards The development standards communicate which uses are permitted and how the building and site must be constructed or arranged. For example, “the maximum floor area ratio in the D2 district is 2.75,” or “the maximum building height in the MU district is forty-one (41) feet or three (3) stories, whichever is less.” 1 1 Excerpts taken from the City of Evanston Zoning Code INITIAL FINDINGS Policy There are passages throughout this code that communicate the overarching policy goals guiding zoning regulations. These passages identify community goals and objectives underlying and shaping adopted zoning standards, which are usually drawn from long-range planning documents. In the initial review, we made the following observations: x There are inclusionary housing bonuses within the code, which demonstrate a commitment to attainable and affordable housing for residents (though not for very-low- and extremely-low- income residents). Each inclusionary zoning section references section 5-7-3 of the City Code which states an objective to “promote the public health, safety, and welfare of the residents of Evanston by requiring residential developments or developments which contain a residential component to include a certain percentage of dwelling units in a proposed development to be priced affordably for low-income, moderate-income, and middle-income households or to make a payment in accordance with the terms of this Chapter.” 1 ZoneCo, LLC Equity Zoning Diagnostic – Initial Observations Evanston, IL PROJECT SCOPE Peer review services were provided for the re-write of the Zoning Ordinance. GEOGRAPHY Northern Indiana ZONECO REVIEWED THE FOLLOWING: • Signage Standards • Special Districts • Overlay Districts • Standard Districts • Form-Based Standards • Mixed-Use Standards • Building Standards • Parking Standards • Floodplain Standards PROJECT OVERVIEW ZoneCo was hired to provide peer review services for the South Bend, Indiana zoning ordinance re-write. South Bend crafted a zoning code that provides flexibility while achieving the desired urban form. The code is highly visual, and ZoneCo helped to ensure that the code is facilitating the community vision while checking for compliance with Indiana statutes. ZoneCo is part of a team currently nominated for a national award for work on this project. MUNICIPAL PROJECT MANAGER REFERENCE Michael Divita, AICP Principal Planner City of South Bend 227 W. Jefferson Blvd., Suite 1400S South Bend, IN 46601 (574) 235-5843 mdivita@southbendin.gov SOUTH BEND, INDIANA ZONING ORDINANCE PEER REVIEW PAGE 28 Start:2022 End: Ongoing Start:2020 End: 2021Page 32 of 94A6.Page 90 of 408 PROJECT SCOPE A modern, streamlined, and updated Zoning Ordinance, with transit-oriented and form-based elements. GEOGRAPHY Pittsburgh Metropolitan Area SKILLS AND TECHNIQUES • Full Code Diagnostic • Transit-Oriented Standards • Calibration of Development Standards and Regulations • Form-Based Standards • Mixed-Use Standards • Design Standards • Development Pattern Districting • Floodplain Standards • Visual Urban Dictionary PROJECT OVERVIEW The Borough of Dormont, Pennsylvania, has engaged the team of ZoneCo and YARD & Company to help modernize its zoning ordinance. As one of Pittsburgh’s several transit- oriented inner ring suburbs, Dormont seeks to build on the momentum created by recent regional transit- oriented development planning efforts. The team will craft a zoning ordinance that not only allows for context sensitive infill development and adaptive reuse but enables the borough to capitalize on several light rail stations and bus stops. The process includes active engagement and education; the testing of new ideas and zoning concepts to determine the most appropriate content; and a user-friendly tool to guide growth. MUNICIPAL PROJECT MANAGER REFERENCE Benjamin Estell Borough Manager 1444 Hillsdale Avenue, Pittsburgh, PA 15216 (412) 561-8900 bestell@boro.dormont. pa.us DORMONT, PENNSYLVANIA ZONING ORDINANCE UPDATE MARYSVILLE, OHIO ZONING CODE MODERNIZATION PROJECT SCOPE A modern, streamlined, and updated zoning ordinance. GEOGRAPHY Columbus Metropolitan Area SKILLS AND TECHNIQUES • Full Code Diagnostic • Calibration of all Regulations and Standards • Development Pattern Districting • Form-Based Coding • Character-Based Zoning • Collaborative Public Engagement • Comprehensive Strategy to deal with Non- Conformities • Presentations at all Adoption Meetings PROJECT OVERVIEW The team of ZoneCo and OHM Advisors was selected to update the City of Marysville, Ohio’s Zoning Ordinance to implement the 2018 Comprehensive Plan. ZoneCo created custom districts that promote and reflect the City’s desired development patterns and reduce unnecessary or burdensome regulations. The uses and development regulations have been carefully crafted and revised to ensure that the goals of the Comprehensive Plans are met, while still respecting the existing urban fabric. Due to the proximity of the Plan update and the Code development, joint public engagement sessions for visioning took place, with additional sessions to allow the public to walk through how the new regulations affect their built environment. The final product is an intuitive and user-friendly set of character-based land use regulations that promote the City’s development vision. MUNICIPAL PROJECT MANAGER REFERENCE Ron Todd Zoning Administrator 209 South Main Street Marysville, Ohio 43040 (937) 645-7359 (office) rtodd@marysvilleohio.org PAGE 29 Start:2020 End: 2021 Start:2019 End: 2020Page 33 of 94A6.Page 91 of 408 Key Capabilities Duration of project January 2020 – Ongoing Project Location City of Chicago Date completed or projected completion date 2022 Firm Office Chicago Firm’s Principal-in-Charge Kim Morreale Key Personnel • Berenice V. Alvarez • Barbara Zubek • Mary McIlvain Challenge Solution Lake Cook Road is a major east-west corridor serving several communities and runs over 40,000 daily vehicle trips. The project area is 1.5 miles long, in two counties, and spans over several major intersections. The construction project will widen the heavily traveled corridor, creating safer travel for automobile traffic, pedestrians, and cyclists. During construction, the project will require lane closures and traffic pattern changes. Our challenge was to develope a comprehensive communications strategy that would keep residents and stakeholders informated about the project benefits, construction progress, major milestones and travel impacts. Due to the COVID-19 pandemic restrictions, the Morreale team adapted to our strategy to maximize the digital climate of public engagement. Throughout the project, we have provided message development, developed an interactive project website, sent weekly e-newsletter updates, facilitated stakeholder engagement, designed creative collateral, and managed public commentary on the project. Utilizing our extensive relationships throughout all levels of government, our team coordinated a successful kickoff meeting with elected officials and representatives from the Villages of Buffalo Grove and Wheeling to discuss project goals, timeline and discuss any potential challenges. Our creative team developed improvement renderings showing 3-D views of the proposed improvements at key intersections along the project corridor that were enhanced understanding of the project via the project newsletter and on the website. We also produced a video showing aerial footage of the project area shot by drone, providing another dynamic way to engage stakeholders and continue building interest, understanding and support of the project. COOK COUNTY LAKE COOK ROAD RECONSTRUCTION PROJECT Branding and Creative Strategy Digital & Social Communications Stakeholder Engagement Result As the project progresses, we continue utilizing online and virtual platforms to engage residents and stakeholders impacted by ongoing construction and improvements. Currently, the project website has thousands of page views since going live in February 2020. Client Reference Holly Cichy, P.E. Bureau Chief of Construction Cook County Department of Transportation and Highways holly.cichy@cookcountyil.gov (312) 603-1613 Deliverables Key Message Development Creative Collateral Website Elected Official Engagment PAGE 30Page 34 of 94A6.Page 92 of 408 Duration of project August 2019 - August 2020 Project Location Cook County Date completed or projected completion date August 2020 Firm Office Chicago Firm’s Principal-in-Charge Kim Morreale Key Personnel • Kim Morreale • Berenice V. Alvarez • Mary McIlvain Key Capabilities Challenge Solution The Eastern Will County Freight Mobility Corridor Study that is assessing alternatives for improving mobility and safety for citizens and freight carriers in eastern Will County. In the face of the pandemic, Morreale was challenged to create meaningful and effective public involvement opportunities to drive quality feedback on alternatives for improving mobility and safety for citizens and freight carriers in eastern Will County. The goal of the public involvement process was to ensure early and frequent stakeholder engagement and build interagency relationships that would help link planning and engineering while minimizing environmental impacts. As the communications lead, the Morreale team created a Stakeholder Involvement Plan (SIP) that served as the framework for shifting all public involvement activities online. Activities included the development of a bilingual interactive website that served as the central location for all project information and activities. A month-long online public engagement period took place instead of a traditional in-person meeting and included a survey, newsletters, a paid social media campaign, and an interactive map that allowed users to leave comments directly on the map of the study area. The project team made it a priority to ensure that Limited English Proficient (LEP) and low-income populations in the study area were given the opportunity to learn about the study and provide feedback. This was achieved by sending a postcard in both English and Spanish to over 5,500 people to encourage them to scan a QR code to take the survey and learn more about the study. EASTERN WILL COUNTY TRUCK ROUTE FEASIBILITY STUDY Branding and Creative StrategyKey Message Development Digital & Social Communications Stakeholder Engagement Result The first month long online public engagement period was considered a success. The far-reaching paid social media campaign reached 6,095 people, made 9,202 impressions, and resulted in 471 post engagements. This combined with the and overall digital outreach strategy resulted in 252 completed surveys, which is quadruple the response that was expected. The survey responses will be used to develop the study’s purpose and need statement, which is the first major step in the PEL process. The team found that stakeholders are engaging with projects online more than ever, and digital strategies such a social media and interactive websites reach a more diverse population. Client Reference Christina Kupkowski Phase I Project Manager Transportation Planner Will County DOT ckupkowski@willcountyillinois.com 815- 727-8476 Deliverables Newsletter Audience Research Online Survey Website Multi/Bi-lingual Interpretation Public Involvment/ Education PAGE 31Page 35 of 94A6.Page 93 of 408 PAGE 32 Duration of project December 2014 - December 2015 Project Location City of Evanston Date completed or projected completion date 2015 Firm Office Chicago Firm’s Principal-in-Charge Kim Morreale Key Personnel • Kim Morreale Key Capabilities Challenge Solution The City of Evanston has received $3.5 million in grant funds from the North Shore Council of Mayors for the engineering and construction phases of the Green Bay Road Corridor Improvements project. The limits of the Green Bay Road Corridor Improvements Project are from McCormick Boulevard to Isabella Street to the north, and along Central Street from Prairie Avenue to Poplar/Broadway Avenue. The purpose of the project is to improve safety for all users, including pedestrians, cars, buses and all modes of transportation. Our team identified and set up one-on-one meetings with organizations and residents most impacted by the project. By including them in the first step in the process, we helped build trust and lay the groundwork for productive dialogue to keep the project moving forward. Stakeholder interview participants represented the diversity of Evanston, including business leaders, educational institutions, accessibility experts, community groups, recreational interest groups and residents. Interviews offered critical feedback that helped develop an advisory panel to serve as the voice of the Evanston community at large. Advisory Panel members served as project ambassadors within the community to increase awareness about the project and to help keep the public educated on the benefits and need for improvement. The working group consisted of ten business, community and civic leaders. As community leaders, the advisory panel filled an important role as credible spokespersons with the public and media. Three public meetings were held within the project footprint in an easily accessible location to encourage stakeholder participation and to share information about project goals. We gathered public input on ways to improve safety, accessibility, the environment, beautification and functionality. Morreale also developed a fact sheet that outlined the project objectives and community benefits and identified convenient ways for the public to comment during the meeting. Our team created and maintained the project website throughout the process. CITY OF EVANSTON CENTRAL STREET AND GREEN BAY ROAD IMPROVEMENT PROJECT Digital & Social Communications Media RelationsStakeholder Engagement Coalition Building Result Through a series of stakeholder interviews, the development of an advisory committee and three public meetings, the City of Evanston gathered valuable community feedback and facilitated a comprehensive public involvement process that made stakeholders feel included in the process and therefore invested in the project outcome. Client Reference City of Evanston Department of Public Works 847-448-4311 Deliverables Website Press Release / Media Pitching Community Advisory Group Public Involvment/ Education Public Meetings Elected Official EngagmentPage 36 of 94A6.Page 94 of 408 PAGE 33 CITY OF EVANSTON State of Illinois Description of Work Involved: Translation and interpretation work for different departments for the State of Illinois Contract No. 19-416CMS- BOSS4-P-8618 Start:2019 End: Ongoing Client Contact: Lynsey Bergh Bureau of Strategic Sourcing Lynsey.Bergh@illinois.gov 217.785.6935 Illinois Resource Center Description of Work Involved: Transcription, translation, voiceover, and captioning for video recordings of conference sessions. Start: 2021 End: Ongoing Client Contact: Josie Yanguas Director Illinois Resource Center jyanguas@yahoo.com 224.366.8555 Chicago Housing Authority Description of Work Involved: Translation services. Start: 2019 End: Ongoing Client Contact: Tiffany Wilson Diversity, Equity, and Inclusion Specialist TWilson@thecha.org 312.913.7578 VIQ Solutions/Net Transcripts Description of Work Involved: Law enforcement transcription and translation. Start: 2009 End: Ongoing Client Contact: Shane Mirkovich VP of Global Client Experience smirkovich@viqsolutions.com Multilingual Connection’s ProjectsPage 37 of 94A6.Page 95 of 408 City of Rocky Mount, NC Background Rocky Mount, North Carolina faces significant development pressure as a result of several economic factors. Housing demand exceeds supply, particularly at a price point affordable to the middle class. City officials identified an updated development code and related ordinances as one (of many) solutions for addressing its housing affordability pressures. Problem Testimonial Advanced GIS analytical tools were necessary for analyzing and communicating how a potential code change or new development impacts neighborhoods. Rocky Mount needed both a technical and communication solution that enabled better analysis and storytelling. development project and neighboring parcels. An uproar from residents against a new development – no matter how much it can address Rocky Mount’s housing affordability problem – will doom a project. Thanks to their new ArcGIS Urban model, Rocky Mount officials can now demonstrate – through high quality visualizations – how a proposed building, like an apartment building, fits within the surrounding neighborhood. It is now possible to see how increased densities impact an existing neighborhood full of single-family homes. This accuracy of predictive analytics leads to a more informed discussion and decision- making process. “Rocky Mount leverages the ViewPro team to better position the city en route to becoming a smarter city by using Esri based cutting-edge technology toolsets with ArcGIS Urban,” said Gregory Cotten, the city’s chief technology officer. Reference Turnaround Time Technical Challenge Prime Consultant Gregory Cotten, (Chief Technology Officer)60 Days High ViewPro Esri Software Used Esri Technical Specialties ViewPro Product Used ArcGIS Online ArcGIS Pro Solutions Rocky Mount identified ViewPro’s proprietary technology as its technical and communication solution. To begin, officials filled out ViewPro’s needs assessment to identify specific problems ArcGIS Urban can help solve. The next step was to produce an ArcGIS Urban model. This required converting traditional 2D data, such as land-use designations, floor-to-area ratios, and building heights into 3D data. Staff at ViewPro incorporated other Esri software, including ArcGIS Pro, CityEngine, and 3D Analyst to achieve the desired model. Rocky Mount’s new tool simulates code changes, demonstrating how a zoning variance to reduce a building’s setback and floor-area ratio will affect a proposed Kansas City, KS Background Zoning is a vital tool to ensure that growing cities are headed in the right direction when planning for quality of life, and organised development. The city staff has a dire need to consume, share and analyze the zoning data in an efficient manner. City administrators, planners, developers, or citizens can all access the same map interface using their preferred web browser or any device. Users can click any zone down to the parcel level, and immediately get zoning codes, acreage, property ownership, and addresses in one click. GeoZone implemented its proprietary smart web urls technology referencing the applicable zones such as development control regulations, land-use requirements and any additional applicable requirements without having to shift through pages of complicated zoning ordinances saving time and bringing more efficiency. Now, expanding business owners and developers can place a pin, or directly select parcel(s) on the map and get all the useful information in easy to use spreadsheet format within minutes. GeoZone implemented a proprietary tool called Land Use Lookup (LULU) that is based on enCodePlus’ proprietary technology. With this tool, all current and planned land uses, available commercial properties for sale/lease, and land banking sites can be extracted in a DIY format without having to call the Planning Department. Solutions GeoZone is more than a map. It is inherently 3D tool that performs zone exploration and site analysis in a modern web-based browsers and tablets. Here are some of the benefits achieved. Summary As Esri’s business partner and GIS innovators, ViewPro provided the Kansas City Planning Department with a last-mile solution to solve their everyday need for zoning data exploration, site analysis, and sharing in a single interactive platform for easy, fast, and usable zoning information. Reference Turnaround Time Technical Challenge Prime Consultant Bret C. Keast, AICP (Founder & CEO)30 Days Medium to High enCodePlus Esri Software Used Esri Technical Specialties ViewPro Product Used ArcGIS Online ArcGIS Pro Problem Kansas City, KS Planning Department were faced with a problem common to many cities regardless of its population size. Simplify Zoning ordinances are complicated and diffi cult to comprehend in its current form. The city staff was expected to communicate its complexities in a simplifi ed manner to other city departments, stakeholders, developers, and their citizens. Visual Communication Managing zoning boundaries to accommodate the changing landscape of the city and communicate the zoning changes eff ectively and visually. Share There is an inherent need to disseminate zoning information in a simplifi ed and easy to use method that allows everyone to access precise information. PAGE 34Page 38 of 94A6.Page 96 of 408 US67 Safety Corridor Study, TxDOT Background Current era citizens expect more from government on all levels demanding more information and transparency. To accommodate this paradigm shift, cities and local governments are slowly moving away from the traditional ways of citizen engagement to more inclusive, geospatial based mapping technologies to fill the gap. GeoComment offers an easy to use user interface and requires minimal or no technical expertise to access the application. All the relevant safety issues are offered in a logical and color coordinated manner inviting users to engage with the application with a single click. GeoComment is an affordable SAAS based solution and the cost is distributed among many clients. Due to cost savings, decision makers were able to distribute saved funds to other priority items making the solution affordable on a long term basis. GeoComment implemented an easy-to-use reporting feature on the backend allowing the administrators to track the incoming comments with ease and curate the conversations on the go. Administrators are allowed to screen through all the incoming comments to avoid unintended and questionable comments before making them public. This enhanced safety feature allows curated comments to flow more efficiently and ensure tough security guidelines provided by the client. Users can like/dislike and reply to any existing comments posted by other attendees making it more interactive and appealing. GeoComment works cross-devices, cross-browsers, and is designed to suit the requirements of today’s on-the-go generation. Problem Solutions TxDOT commissioned a Safety Study of a US highway 87 in remote West Texas area that spanned more than 80 miles in length, consisted of half a dozen municipalities with several thousand citizens, and had manifold stakeholders.ViewPro’s GeoComment solution was implemented to engage stakeholders and citizens throughout the lifecycle of the project to collect and organise valuable feedback. Summary As Esri’s business partner and GIS innovators, ViewPro was able to provide the TxDOT’s El Paso District with a last-mile solution to solve their unique need to set up an engagement with stakeholders and multiple communities through a single interactive platform for easy, fast, and secured GIS application. Reference Turnaround Time Technical Challenge Prime Consultant Ram S. Maddali, (Client Service Leader)60 Days Medium to High CDM Smith Esri Software Used Esri Technical Specialties ViewPro Product Used ArcGIS Online ArcGIS Pro Manage Communication Meaningful dialogue with multiple stakeholders in four phases during an 18 month long study. Buy-in on a long term vision Established collective public perception of where attention is needed and what actions the public would support. One-Stop Tool A platform that can serve both as a two- way communication tool as well as an information exchange tool. City of Littleton, CO Background Too often, zoning ordinances are written without knowing the true effects of the regulations. Only after “bad” development occurs is there a stark realisation that they were ineffective. This has led to ever- changing ordinances and more demanding standards and processes and a host of other confusing acronyms. The recently released ArcGIS Urban came to the rescue. Urban with its 3D technology has been highly effective in helping lay citizens – and staff - to visualise how new regulations and standards apply and will affect the intended outcomes. Redevelopment scenarios were tested to solicit input as to the appropriateness of height and scale, massing and placement, as well as the application of building and district transitions. Urban allowed realistic buildings generated in Sketch Up to be imported to the model, which helped not only as a visualisation tool but also helped the City staff planners in crafting new regulations. Urban application is simple to interact where users can explore where these proposed developments/changes are located in a 3D rendered map and can also see what this project will look like – procedurally generating game-like views of scenarios that show how the city will look if the project comes to fruition. City Planners have more control over the level of detail of the project visualisations, structure massing, shaped facades, structure setbacks, and true representation of zoning setbacks. Problem Solutions Like many growing cities, City of Littleton, CO was facing one of the long-standing problems about how to translate large area proposals with land uses, zoning ordinances, and population requirements into localized, site-specific scenarios. As a certified Esri ArcGIS Urban Deployment partner, ViewPro helped the City of Littleton with ArcGIS Urban solution that could keep any city official or resident aware of the changing cityscape. Summary ArcGIS Urban is a comprehensive GIS tool servicing the needs of Planners. Esri’s flagship tool for Zoning and Scenario Planning, Urban provides a 3D immersive experience so Planners can instantly visualise projects in the local context, utilise location intelligence to connect visual and to make better decisions and quantitative concepts for a detailed zoning analysis. Reference Turnaround Time Technical Challenge Prime Consultant Kathleen D. Osher, (Director of Community Service)45 Days High enCodePlus Esri Software Used Esri Technical Specialties ViewPro Product Used ArcGIS Online ArcGIS Pro Accurate Visualisation and Analysis With ongoing growth pressure and need for structured development, the City of Littleton needs faster, reliable, and more accurate visualisation and analysis tools. Implement 3D Tools The City recognises how the power of 3D visualisations, web-based tools, and spatial analysis tools would integrate all into a single digital platform. PAGE 35Page 39 of 94A6.Page 97 of 408 PAGE 36 TAB B | QUALIFICATIONS & ExPERIENCE OF FIRM AND/OR TEAM City of Rocky Mount Client Contact: JoSeth Bocook Interim Director of Development Services JoSeth.Bocook@rockymountnc.gov (O) 252.972.1179 City of Littleton, CO Client Contact: Jennifer Henninger Community Development Director jhenninger@littletongov.org (O) 303.795.3748 City of Dickinson Client Contact: Yvonne Briscoe Senior Planner ybriscoe@dickinsontexas.gov (O) 281.337.2489 ViewPro’s Project ReferencesPage 40 of 94A6.Page 98 of 408 PAGE 37 CITY OF EVANSTON HDR •Bi-State Regional Commission, Rock Island, IL •Chicago Metropolitan Agency for Planning •City of Aledo, IL •City of Chicago, IL •City of Rock Island, IL •Cook County DOT •State of Illinois •State of Illinois Department of Natural Resources •Tri-County Regional Planning Commission, Peoria, IL •Village of Cary, IL McAdams No Municipal clients in Illinois Morreale Communications •City of Evanston (current) •Morton Grove Niles Water Commission (former) •Village of Huntley (former) •Village of Franklin Park (former) • Multilingual Connections •City of Chicago •City of Evanston ViewPro No Municipal Clients in Illinois ZoneCo •City of Evanston Provide a list of all Municipal clients in Illinois.Page 41 of 94A6.Page 99 of 408 C Area/Regional Manager(s)Page 42 of 94A6.Page 100 of 408 Page 43 of 94A6.Page 101 of 408 PAGE 40 TAB C | AREA/REGIONAL MANAGER(S) PLANNING + URBAN DESIGN Steve Schukraft* HDR Pam Thompson HDR Jon Brooke HDR William Wellington HDR ECONOMIC ANALYSIS Dean Prestergaard* HDR Isa Reeb HDR Jack Hersh HDR ZONING ORDINANCE Joclyn Gibson* ZoneCo Sean Suder ZoneCo Christopher Myers ZoneCo Katherine Westaby ZoneCo INTERACTIVE MAPPING Patrick McDonough* HDR Suhag Kansara ViewPro COMMUNITY ENGAGEMENT Maggie LaMar* HDR Berenice Alvarez Morreale Communications Abraham Jurado Morreale Communications Mary Mcilvain Morreale Communications LANGUAGE JUSTICE Meredith Veto* Multilingual Connections Rachel Schastok Multilingual Connections MOBILITY + CONNECTIVITY Adam Rolstad* HDR Jeff Young HDR Mindy Moore HDR Justin Robbins HDR INFRASTRUCTURE Eric Neubauer* HDR Jacob Walker HDR IMPLEMENTATION Shai Roos* HDR Stefanie McQueen HDR Mitchell Silver McAdams Rachel Cotter McAdams EQUITY AUDIT Mitchell Silver* McAdams Sonya Shaw McAdams Austin Bowman McAdams * Denotes individual is an Area/Regional manager AUTHORIZED BINDING OFFICIAL/QAQC Grace K. Rappe* HDR SUBJECT MATTER EXPERTS Charles Hales* HDR Public Policy + Politics Peter Calthorpe* HDR Sustainable Growth + Urban Design Mitchell Silver* McAdams Implementing Equity & Inclusion in Planning PRINCIPAL IN CHARGE Jon Brooke* HDR PROJECT DIRECTOR Shai Roos* HDRPage 44 of 94A6.Page 102 of 408 PAGE 41 CITY OF EVANSTON Jon Brooke PLA, LEED AP Principal-in-Charge/Planning & Urban Design HDR EXPERIENCE •CDOT South Branch Park Access Study, Chicago, IL •Focal Point Development Plan, Chicago, IL •Harborview Medical Center Strategic Master Plan, Seattle, WA •Forest Park Great Streets Mobility Plan, St. Louis, MO* •South Halsted Streetscape, Chicago Department of Transportation, Chicago, IL* •East 71st Street Streetscape, Chicago Department of Transportation, Chicago, IL* •Downtown Streetscape Implementation Phase 1 and 2, Wheaton, IL* •Downtown Streetscape and French Market Master Plan, Wheaton, IL* •Bike Facilities Master Plan, Lincolnwood, IL* *Previous firm experience With more than 30 years’ experience, Jon has expertise in all facets of landscape architecture, planning and design. He is passionate about the design of urban environments and he believes strongly in the positive ways these spaces support the wellbeing of the community in terms of the health of its people, environment and economy. Jon provides leadership to the Chicago-based UDPLA team, furthering design excellence and quality in projects across the Midwest and beyond. He uses the innate ability of landscape architecture to cross disciplines and areas of expertise within the architecture-engineering industry to achieve success through collaboration. Jon is a former instructor of Landscape Architecture at the Illinois Institute of Technology College of Architecture in Chicago. Grace K. Rappe AIA, LEED AP Authorized Binding Official/QAQC HDR EXPERIENCE •Focal Point Community Campus, New Saint Anthony Replacement Hospital, Chicago, IL •Rush University Medical Center, The Joan and Paul Rubschlager Building, Chicago, IL •University of Chicago, New Engineering and Science Building, Chicago, IL •Northwestern University, Bienen School of Music, Evanston, IL* •Park 598, Chicago, IL* •North Sheffield Development, Chicago, IL* •Pullman Park Redevelopment, Chicago, IL* •Brookfield Zoo, South American Marketplace, Brookfield, IL* *Previous firm experience Grace is the Managing Principal for the Chicago architecture studio. Her 30-plus years of experience includes architecture and landscape architecture projects in retail, mixed-use, education, and civic in both the private and public sector. Many of these projects are located in Chicago and the surrounding area. Grace has a particular interest in how public-private partnership and interdisciplinary collaboration can help create meaningful spaces and experiences that often defy traditional building or landscape typologies. Grace’s responsibilities include delivering design excellence and technical quality to HDR’s clients. EDUCATION Masters, Architecture, University of Pennsylvania REGISTRATIONS Architect, IL, #001016318 LEED Accredited Professional EDUCATION Masters, Landscape Architecture, Leeds Beckett University REGISTRATIONS Registered Landscape Architect, IL, #157001198 LEED Accredited ProfessionalPage 45 of 94A6.Page 103 of 408 PAGE 42 TAB C | AREA/REGIONAL MANAGER(S) Shai Roos AICP Project Director/Implementation HDR EXPERIENCE •Corridor for Complete Communities (C4CC), Austin, TX •City of Denton, Southeast Area Plan, Denton, TX •City of Denton, Northeast Area Plan, Denton, TX •City of Allen, Downtown Code Amendment, Allen, TX •H-GAC Livable Centers Study for the International Management District, Houston, TX* •City of Celina, Celina Comprehensive Plan, Celina, TX* •Allen Downtown Plan, Allen, TX* •North Shore and Channelview Comprehensive Plans, Harris, TX* •Del Rio Comprehensive Plan, Del Rio, TX* *Previous firm experience Shai brings more than 24 years of experience helping cities create and implement long-range plans. Shai leads the Urban Planning services for HDR, Inc. as the Urban Planning Principal for US South Central region. She is passionate about building complete communities that are equitable and inclusive. Shai strives to make every plan she works on community- based, future oriented, and implementation focused. Shai has developed numerous downtown plans, area plans, comprehensive plans, development regulations, as well as economic development incentive packages and funding districts such as MUDs as city staff, land developer, and consultant. Shai also teaches graduate classes on Urban Revitalization and Growth Management at the University of Texas at Arlington. Charles Hales SME: Public Policy & Politics HDR EXPERIENCE •Advisor to the Deputy Minister, MOMRAH National Public Realm Design Manual, Saudi Arabia •World Bank Urban Growth and Climate Change Study, Vietnam •Transportation Master Plan, Scottsdale, AZ •Calgary Regional Growth Plan, Calgary, Alberta, Canada •Jinan North District Transit Plan, Jinan, China •Kansas City, Cincinnati, Fort Worth, Madison, Miami, Providence, Atlanta, Tucson, Sacramento/West Sacramento, Salt Lake City, Winston-Salem, Vancouver, BC Streetcar Feasibility Studies, Alternatives Analyses, United States and Canada A thought leader in shaping the urban environment, Charlie Hales has led the development of land use and transportation plans, redevelopment area plans, neighborhood plans and transformational infrastructure projects throughout the United States and Canada. Charlie’s background includes creating public-private partnerships to support transit and Transit-Oriented Development. His public policy and administration background equips him to help our clients implement their plans, developing implementation and finance strategies for urban development, transit, and public spaces. EDUCATION Masters, Public Administration, Lewis & Clark College EDUCATION Master, Urban Studies, University of Texas, Arlington REGISTRATIONS American Institute of Certified Planners, Certified Planner, #019370Page 46 of 94A6.Page 104 of 408 PAGE 43 CITY OF EVANSTON Peter Calthorpe SME: Sustainable Growth & Urban Design HDR EXPERIENCE •Metro 2040, Portland, OR •Denver Land Use & Transportation Plan, Denver, CO •Chicago Metropolis Plan 2020, Chicago, IL •All Systems Go! Long Range Transit Plan, Austin, TX •Bay Area TOD Study, San Francisco Bay Area, CA •Louisiana Speaks Regional Plan, Louisiana •Alameda Point Redvelopment Plan, Alameda, CA •Jinan Cuizhai District, Jinan, China •Regional Study for Sustainable Cities, Jinan, China •Zhuhai North TOD, Zhuhai, China Peter was named one of 25 “innovators on the cutting edge” by Newsweek for his work redefining urban and suburban growth in America. His 50-plus-year career in urban design, planning, and architecture combines his experience in each discipline to develop new approaches to urban revitalization, suburban growth, and regional planning. Peter’s work has been widely published, and he has lectured extensively throughout the United States, Europe, and South America. He has received numerous honors and awards, including appointment to the President’s Council on Sustainable Development and three National HUD awards. Since forming Calthorpe Associates in 1983, Peter’s groundbreaking work has helped establish the emerging field of regional design. He has helped solidify a national trend toward the key principles of New Urbanism. Mitchell Silver FAICP, HON. ASLA SME: Implementing Equity & Inclusion in Planning McAdams EXPERIENCE •Comprehensive Plan Update, Highland Village, TX •Parks + Recreation Open Space Comprehensive Plan Update, Wilmington, NC •Greensboro Community Conversations, Greensboro, NC •Pack Square, Vision Document, Asheville, NC •2030 Comprehensive Plan, Raleigh, NC* •Anchor Parks, New York City, NY* •Raleigh Union Station, Warehouse District Plan, Raleigh, NC* •Reimagine Hillsborough Street, Raleigh, NC* *Previous firm experience Mitchell is responsible for providing advisory services in urban planning, land use, parks and public space planning with an emphasis on diversity, equity and inclusion. Mitchell also serves as an ambassador and leader for the company in regional and national organizations and events. Mitchell is an award-winning planner with over 35 years of experience. He is internationally recognized for his leadership in the urban planning profession; parks and public space planning; and contributions to contemporary planning issues. EDUCATION B.A., Pratt Institute M.U.P., Hunter College REGISTRATIONS American Institute of Certified Planners (AICP), NC, #013522 EDUCATION Antioch University Yale UniversityPage 47 of 94A6.Page 105 of 408 PAGE 44 TAB C | AREA/REGIONAL MANAGER(S) Education Masters Of Community Planning, University Of Cincinnati Experience •Gateway District Development And Subsequently Retained For A Full Zoning Code Re-Write, Bowling Green, OH •Main Street Districts Development, North Canton, OH •Zoning And Subdivision Code Update, Vienna, VA •Land Use Ordinance Update, Kent County, MD •Zoning Code Update, Sidney, OH •Code Re-Write, Westerville, OH •Code Re-Write, Greenwood, IN •City of Cincinnati Land Development Code •City of Cincinnati Form-Based Code Jocelyn has always been passionate about zoning as a vehicle for bringing about change in the built environment. As a City Planner in the public sector, she took special interest in Zoning Hearings and the every day development decisions that lead to profound change over time. She has both public and private sector code writing and planning experience, supplemented by private sector real estate experience. Jocelyn Gibson Zoning Ordinance ZoneCo Education Masters, City Planning, University of Pennsylvania Experience •CDOT South Branch Park Access Study, Chicago, IL •Castle Rock Downtown Alley Plan, Castle Rock, CO •Kingdom of Saudi Arabia, National Urban Design Guidelines, Saudi Arabia •Stowe Community Benefit, Mecklenburg County, NC •Denbigh-Warwick Area Plan, Newport News, VA* •Marshall Ridley Choice Neighborhood Plan, Newport News, VA* Education Masters, Urban and Regional Planning, University of Illinois at Urbana-Champaign Master of Arts, Teaching, Trinity University Bachelors of Arts, English, Trinity University Registrations/Memberships Urban Land Institute American Planning Association Experience •Economic Develoment Analysis, Dallas, TX •Development Code Amendments and Zoning Change Requests, Dallas, TX •Mixed Income Housing Development Bonus Program, Dallas, TX •Performance Metrics for program and policy evaluation for Housing & Neighborhood Revitalization initiatives, Dallas, TX •Housing Policy data collection and analysis, Dallas, TX •Real Estate market trend analysis for DFW and Nationwide, M/PF Research, Dallas, TX Education Masters in City Planning, University of Virginia Registrations/Memberships AICP, FL, #015562; Certified Charette Planner Experience •Galveston Comprehensive Plan & Development Regulations, TX •HART TOD Pilot Program, FL •Pasco County Comprehensive Plan, FL •DART General Planning Consultant 6, Dallas, TX •Galveston Planning & Development Regulations, Galveston, TX •Alternative Analysis for the Austin North Central Corridor, Austin, TX •Comprehensive Planning Services, Clearwater, FL •U.S. 19 Corridor Redevelopment Plan, Clearwater, FL •City of Tampa Streetcar Extension and Modernization, Tampa, FL William has spent the last 6 years working with multi-disciplinary teams on projects at every scale. As an Urban Designer his work bridges planning and design, focusing heavily on equity, sustainability, and the public realm. His professional experience is focused on projects that aim to improve urban livability and access to public amenities. This is evident through his work on public housing redevelopment, mixed-use master planning, and open space planning. Pam is an analytical, flexible, solution- oriented urban planning and housing professional with 26 years of planning, urban design, zoning, policy analysis, program creation and management, economic development, and real estate finance experience. Mr. Schukraft is an accomplished transportation and community planner with over 25 years experience helping communities improve mobility, enhance livability, and encourage more sustainable patterns of growth and development. He has managed a range of transportation, community planning, and transit-oriented development projects; led dozens of public planning charrettes and workshops; and designed and managed large-scale visioning, goal setting, and planning initiatives. William Wellington Planning + Urban Design HDR Pam Thompson Planning + Urban Design HDR Steve Schukraft AICP, ENV SP Planning + Urban Design HDRPage 48 of 94A6.Page 106 of 408 PAGE 45 CITY OF EVANSTON Education Master of Community Planning, University of Cincinnati Registrations/Memberships American Planning Association Congress for the New Urbanism American Institute of Certified Planners, AICP, #29605 Congress For The New Urbanism Accredited, CNU-A Experience •City of Monroe, Wisconsin •City of Berlin, Wisconsin •City of Reedsburg, Wisconsin •Village of Coon Valley, Wisconsin •City of Schofield, Wisconsin •City of Dodgeville, Wisconsin •City of Platteville, Wisconsin •City of Sun Prairie, Wisconsin •City of Chicago, Illinois Education M.S., Historic Preservation, Ball State University B.S., Urban Planning & Development, Ball State University Registrations/Memberships American Planning Association Experience •Code Update, Colerain Township, OH •Sign Code Update, Murfreesboro, TN •Code Update, Twinsburg, OH •Code Update, Gaithersburg, MD •Code Update, Statesboro, GA Education Juris Doctor, University of Virginia School of Law Bachelor of Urban and Environmental Planning, University of Virginia Registrations/Memberships Leadership in Energy and Environmental Design Accredited Professional (LEED®AP) Urban Land Institute American Planning Association Experience •Zoning Code Update, Reynoldsburg, OH •Zoning Code Update, Dormont, PA •Gateway District/Code Re-write, Bowling Green, OH •Zoning Code Peer Review Services, South Bend, IN •Main Street Districts Development and Full Zoning Code Re-Write, North Canton, OH Katherine is a community planning, and GIS professional. Katherine specializes in connecting plans to community vision through public engagement, utilizing maps to assist with decision making and creating policies. Additionally, Katherine served as an alderperson for her local community. As a Wisconsin Downtown Action Council board member and past local Main Street Vice-President, Katherine is a strong believer that our downtown’s and main streets are the heart of our communities. Christopher is passionate about quality of life and quality of place. He is passionate inquirer who is changing communities from places to leave into places to live and prosper. He enjoys networking and bringing people together to collaboratively develop ideas and solutions that address the issues our communities face. Firm believer our future success depends on our ability to value and learn from our past. Greatest strength is that he asks questions. As a city planner and lawyer who has worked in both the private and public sectors, Sean combines his technical and practical knowledge and experience with innovative zoning methodologies. In his role as the City of Cincinnati’s chief land use counsel, Sean served as lead counsel for the award-winning Cincinnati form- based code and historic preservation ordinances. He is a national authority on innovative zoning methods and practices, including Development Pattern Districting (DPD), our widely-acclaimed intuitive zoning approach. Katherine Westably AICP Zoning Ordinance ZoneCo Christopher Myers Zoning Ordinance ZoneCo Sean Suder LEED AP Zoning Ordinance ZoneCo Education Bachelors Degree, Communications, Purdue University Experience •Ivenergy LLC, Grain Belt Express, IL •Chicago Metropolitan Agency for Planning, Local Roads Safety Plan, Riverdale, Bellwood, Calumet City, IL •Cook County DOH, 170th St. Phase 1, IL •Ameren Illinois, Peoria County Routing and Outreach, IL •Ameren Services, LRTP Line Routing, IL •IA DOT Headquarters, Des Moines Area Integrated Corridor Management, Des Moines, IA •Carroll White REMC, Virtual Lobby Experience, Monticello, IN Maggie is a strategic communications professional with 8 years of professional experience. She specializes in press releases, social media campaigns, website content, media relations, content curation, and more. Maggie LaMar Community Engagement HDRPage 49 of 94A6.Page 107 of 408 PAGE 46 TAB C | AREA/REGIONAL MANAGER(S) Education Master of Urban & Regional Planning, Urban & Regional Planning (Transportation and Land Use), University of Colorado, Denver Registrations/Memberships American Institute of Certified Planners, CO, #310974 ISI Envision Sustainability Professional, #18718 Experience •McHenry County Division of Transportation, McHenry County LRTP, Woodstock, IL •Capital Metro/Austin Transit Partners Project Connect Program, MetroRapid BRT, Austin, TX •Berkeley/Charleston/Dorchester Council of Governments, BCDCOG Low Country Rapid Transit (LCRT), PH 2, Charleston, SC •Southern California Regional Rail Authority (SCRRA), (Southern California Optimized Rail Expansion) SCORE PMC, CA •Metro Gold Line Bus Rapid Transit, St. Paul, Maplewood, Landfall, Oakdale and Woodbury, MN Adam is a Transit Project Manager with over 16 years of experience in a wide range of project involving station area and transit planning analyses. Adam brings a unique holistic approach in understanding the inter-relations between transit networks/projects and the interdependencies of supportive land uses to promote economic development and transit. Adam Rolstad AICP, ISI ENV SP Mobility + Connectivity HDR Education M.A., Concentration in Journalism, DePaul University, Chicago, IL Registrations/Memberships Member of DePaul Alumni Association Experience •Provided experience in strategic communications and public engagement for various projects. Education Bachelor of Arts, English, California State University of Los Angeles Registrations/Memberships Registrations/Memberships Experience •Provided strategic communications, public engagement, and construction relations for various projects. Education Master of Public Policy & Administration, Northwestern University Registrations/Memberships Negocios Now Latino 40 Under 40 International Association for Public Participation American Council of Engineering Companies of Illinois, Member Experience •Provided developing strategic communications, public involvement campaigns, stakeholder engagement and project execution for various projects. Mary is a skilled professional with strong experience in strategic communications, public engagement, and journalism. A fourth-year veteran of Morreale Communications, Mary manages many projects in the Transportation and Infrastructure Division of the firm with the goal of delivering comprehensive communications strategies for clients within the Engineering, Construction and Architecture industries. In 2021, Mary received a Core Value Platinum Award at Morreale Communications. Her team recognized her for demonstrating the firm’s core values of Diversity, Accountability, Integrity, and Collaboration. Abraham is a savvy professional with nearly a decade of experience in strategic communications, public engagement, and construction relations. Prior to Morreale Communications, Abraham worked used his skills to keep communities informed throughout Los Angeles County. Abraham now project manages in the Transportation, Infrastructure, and Mobility Division at Morreale Communications, where he uses his skills to deliver impactful communications strategies to ensure both clients and project adjacent communities needs are met. Berenice is a Vice President at Morreale Communications with over 17 years of experience in developing strategic communications, public involvement campaigns, stakeholder engagement and project execution. Berenice leads the Transportation and Infrastructure Division, managing a team of seasoned communications professionals in the implementation of Context Sensitive Solutions (CSS) for land use and transportation projects and programs that incorporate branding and creative transformation, message development, public meetings and hearings, digital and social communications, coalition building, legislative strategy, and media relations. Mary Mcilvain Community Engagement Morreale Communications Abraham Jurado Community Engagement Morreale Communications Berenice Alvarez Community Engagement Morreale CommunicationsPage 50 of 94A6.Page 108 of 408 PAGE 47 CITY OF EVANSTON Education Masters of City and Regional Planning, The Ohio State University Registrations/Memberships American Institute of Certified Planners, #027812 American Planning Association Experience •State NEVI Program Planning, MN, ND, KY •Florida DOT, State EV Master Plan, FL •SamTrans, Zero Emissions Program Support, San Mateo County, CA •Capital Metro, ZEB Best Practices, Austin, TX •Alameda CTC, New Mobility Technology Strategy, Alameda County, CA •University of Miami Hospital System, Advanced Mobility Strategy, Miami, FL Education Masters, Community & Regional Planning, Iowa State University Registrations/Memberships American Institute of Certified Planners, #123811 Experience •City of Urbandale, Transportation Element of the Comprehensive Plan, Urbandale, IA •Minnesota DOT, Active Transportation Plans, MN •Sioux Falls MPO, Harrisburg Master Transportation Plan, Harrisburg, SD •Des Moines Area MPO, Bicycle and Micromobility Model Ordinance, Des Moines Metro, IA •McHenry County, McHenry County Moves 2050 Long-Range Transportation Plan, McHenry County, IL Education Bachelors Degree, Civil and Environmental Engineering, University of Wisconsin, Madison Registrations/Memberships Professional Engineer, IL, #062055033 Experience •McHenry Co. Division of Transportation, Lakewood Bike Path, McHenry County, IL •Illinois Department of Transportation, IDOT_PTB 176-11_IL2 Rock River, Rockton, IL •Illinois Tollway, I-294 Central Tri-State between 95th Street and LaGrange Road, IL •City of Chicago, MKTG_CDOT_TO2 South Branch Park Access Impr., Chicago, IL •Chicago Metropolitan Agency for Planning, Morreale_CMAP_IIJA Advisory Services & Staff Aug, Chicago, IL As HDR’s Senior Electrified Mobility State DOT Program Development Leader, Justin is informed on the latest trends and technical requirements for EV and EVSE technology and planning best practices. He routinely works with states, agencies, and communities throughout the country to plan, coordinate and implement electrified mobility programs. His experience in city planning, urban design and architecture all inform his approach to electrified mobility, with an understanding of the complexity and considerations that must be addressed for a successful project. Mindy is a Senior Transportation Planner and Project Manager with both public and private experience. She has led several active transportation planning and design projects related to on-street bicycling, trails, bicycle and pedestrian wayfinding signage, integration with transit, and policy and ordinance guidance, while implementing the Five Es that make up a bike-friendly community: Engineering, Education, Encouragement, Evaluation, and Equity/Diversity/Inclusion. Jeff is a Transportation Engineer with over 25 years of experience delivering safe, reliable, and economical infrastructure to a variety of clients through collaboration and innovation. His responsibilities include planning and traffic impact studies, location design studies, traffic signal warrant studies, and transportation planning. Justin Robbins AICP Mobility + Connectivity HDR Mindy Moore AICP Mobility + Connectivity HDR Jeff Young PE Mobility + Connectivity HDR Education Masters of City and Regional Planning, Cornell University Registrations/Memberships American Institute of Certified Planners, #023652 Experience •I-10 El Paso Corridor Study, El Paso, TX •Galveston Planning & Development Regulations, Galveston, TX •City of Tampa Streetcar Extension and Modernization, Tampa, FL Stefanie is a planner with 20 years of professional experience in several planning disciplines including land use and transportation planning, economic development, military planning, public involvement, and urban design. Stefanie McQueen AICP Implementation HDRPage 51 of 94A6.Page 109 of 408 PAGE 48 TAB C | AREA/REGIONAL MANAGER(S) Education Bachelors Degree, Health Administration, Creighton University Experience •PennDOT Fort Jenkins/Water Street Bridges RAISE Grant Application, Luzerne County, PA •NICTD Double Track and West Lake Project Controls and Reporting Support, Various Locations •Chicago Metropolitan Agency for Planning IIJA Regional Project Coordination Support Services, Chicago, IL •Brookfield ESG Due Diligence, Various Locations Jack is an analyst and Advisory Development Program staff member that provides advisory and management consulting services to clients, performs analyses and documents results, and makes recommendations on alternatives related to operation and business development activities. He is skilled in meeting facilitation, strategy development and marketing, and has led workshops with clients and client development leaders. His thoughtful creativity and analytical approach to his work leads to effective oral and written communication, planning and strategic thinking. Jack Hersh Economic Analysis HDR Education Master of Urban Design, University of Colorado, Denver Master of Architecture, University of Colorado, Denver Experience •Civitas, Inc., St. Louis Project Connect, St. Louis, MO* •Civitas, Inc., Washington University Medical Center (WUMC) Campus Planning, St. Louis, MO* •Civitas, Inc., National Western Center Master Plan, Denver, CO* •Town of Mt. Crested Butte, Mt. Crested Butte, CO* *Previous firm experience Education Masters, Economics, West Virginia University (WVU) Bachelors Degree, Economics, St. Cloud State University Experience •Multnomah County, Burnside Bridge NEPA - Economic Impact Analysis, Multnomah County, OR •Maricopa Association of Governments, Early Freeway Implementation Strategies, Phoenix, AZ •Indiana Economic Development Corporation (IEDC), Gary Intermodal Transportation Study, Gary, IN Education M.L.A., NC State University Registrations/Memberships Landscape Architect (RLA): NC #1690 Experience •Comprehensive Plan Update, Highland Village, TX •Parks & Recreation Comprehensive Master Plan, Durham, NC •Parks & Recreation Comprehensive Master Plan, Rolesville, NC Isa has 16 years of experience working across disciplines collaborating, problem- solving, and leading complex urban growth projects. Her thoughtful and systematic approach allows her to take a set of ideas from vision to reality, guiding teams with differing timelines and government requirements toward one shared goal. Isa has led positive physical, social, and policy change for both the public and private sector employing extensive government and community engagement. She approaches all projects with implementation in mind and has an excellent catalog of built projects. Dean M. Prestegaard is an expert in regional economics with over 20 years of experience focusing on issues related to economic growth and development. He recently joined HDR after a range of experiences that included working as an independent economic consultant, working in the public sector at both the state and federal level, as well as a 28-year military career. His experience includes community-level economic development, economic impact analyses, and analyses of transportation-related issues impacting supply-chains and the movement of freight. Rachel is a licensed landscape architect with over 18 years of experience approaching projects with an eagerness to effect positive community change through the design and construction of civic spaces. Her ambition extends beyond design to enhancing the everyday experiences of her clients and the communities in which she works. Isa Reeb Economic Analysis HDR Dean Prestergaard Economic Analysis HDR Rachel Cotter RLA Implementation McAdamsPage 52 of 94A6.Page 110 of 408 PAGE 49 CITY OF EVANSTON Education Master in Urban Planning, Texas A&M University Bachelor of Architecture: APIED, India Experience •Envision Littleton, Unified Land Use Code, Littleton, CO •City of Hempstead Livable Center Project •League City Livable Center Project •Independence Heights, Northline Livable Center Project •Independence Heights - Northline Livable Center Project •Regional Plan for Sustainable Development (13 County H-GAC Region) Education Masters of Urban & Regional Planning, University of North Carolina, Chapel Hill Registrations/Memberships AICP, NC, #140953 Experience •CAMPO Triangle Region BOS, Austin, TX •GPC Staples Mill Road Station Improvements, VA •Winston-Salem TOD Grant, Winston-Salem, NC With a Planners-first approach, Suhag Kansara is committed governments with an array of GIS tools that support to solve your Planning challenges through the right visualization and collaboration providing City Planners use of GIS technology. Mr. Kansara has helped developed map based GIS software products that equip cities and local governments with an enhanced visibility into their GIS data and help identify patterns that are otherwise difficult to infer. Patrick is senior transit planner specializing is transit planning and strategy, land use planning, multimodal policy and innovation, agency coordination and financial planning. Patrick is constantly innovating and adapting to a rapidly changing transit policy environment to ultimately help clients adapt to meet their community goals. Suhag Kansara Interactive Mapping ViewPro Patrick McDonough AICP Interactive Mapping HDR Education Bachelor of Arts, University of Chicago Dele Cert., Spanish, Level C1, Instituto Cervantes/ Spanish Ministry of Education Experience •City of Evanston Community Engagement Department, Evanston, IL °Spanish and Haitian Creole translation of highly visiblecommunity-facing materials °Desktop publishing •Evanston Public Library, Evanston, IL °Spanish translation and annual reports and highly visiblecommunity-facing materials °Desktop publishing •Chicago Housing Authority, Chicago, IL °Translation of tenant-facing informational materials in 8+languages °Desktop publishing Education Bachelor of Arts, Spanish, Guilford College, Greensboro, NC Spanish to English Translation Certificate, New York University, SCPS Experience •Chicago Transit Authority, Chicago, IL °Translation and video subtitling for community engagement materials in Spanish, Polish, Chinese, Vietnamese and other languages for the Red and Purple Modernization Program °Transit maps and rate cards for the CTA Publications Dept. •Chicago Botanic Garden, Glencoe, IL °Translation of exhibits for Spanish-speaking visitors: 50th Anniversary celebration, “Love in Bloom” °Created digital exhibit in Spanish accessible via QR codes, and provided subtitles for videos on display •Field Museum of Natural History, Chicago, IL °Translation of exhibits into Spanish, Polish, Chinese and other languages Eight years of experience in Spanish<>English translation and 6 years in translation project management. As a project manager, I use my skills inflexible and creative problem-solving to find solutions to our clients’ needs and deepen our partnerships. Background in Spanish>English translation with over 10 years in project management. As a team lead, I’m a creative problem solver and self- motivated collaborator. My goal is to develop meaningful relationships with clients, linguists and my team. Rachel Schastok Language Justice Multilingual Connections Meredith Veto Language Justice Multilingual ConnectionsPage 53 of 94A6.Page 111 of 408 PAGE 50 TAB C | AREA/REGIONAL MANAGER(S) Education M.L.A., NC State University B.S. in Environmental Sciences + Climate Change, NC State University Experience •Comprehensive Plan Update, Highland Village, TX •Parks & Recreation Open Space Comprehensive Plan Update, Wilmington, NC •Pack Square, Vision Document, Asheville, TN Education Ph.D. in Parks, Recreation + Tourism Management, NC State University Registrations/Memberships Certified Park + Recreation Professional (CPRP Experience •Greensboro Community Conversations, Greensboro, NC •Pack Square, Vision Document, Asheville, NC •Parks & Recreation Open Space Comprehensive Plan Update, Wilmington, NC Education Bachelors, Civil Engineering, Texas A&M University Registrations/Memberships Professional Engineer, TX, #122057 Experience •City of College Station, University Drive Pedestrian Improvements, Austin, TX •City of Taylor, On-Call Services, Taylor, TX •TxDOT Austin, Central Texas Turnpike System Capital Improvement Planning Study, Austin, TX •City of Round Rock Downtown Improvements Plan, Round Rock, TX Austin is an urban planner and designer focused on creating vibrant and sustainable cities and places. He has a background in urban design, landscape architecture and environmental sustainability. Sonya is a park planner and equity specialist with over 30 years of experience in parks, recreation and cultural resources, serving as parks and recreation director for several North Carolina communities. Sonya is recognized for her work in leading diverse communities and is well-experienced in community engagement strategies. Jacob is a Texas-registered Professional Engineer at HDR. Jacob has experience in design of transportation improvement projects for numerous local municipalities and agencies in Central Texas as well as multiple TxDOT districts. Jacob has expertise in numerous design disciplines including complex roadway designs, drainage system designs, floodplain mitigation, storm water pollution protection plan designs, traffic control designs, bicycle/ pedestrian/ADA designs, signing and pavement marking designs, construction sequencing, and TCEQ permitting. Austin Bowman Equity Audit McAdams Sonya Shaw PH.D., CPRP Equity Audit McAdams Jacob Walker PE (TX) Infrastructure HDR Education Bachelors Degree, Civil Engineering, University of Illinois at Urbana-Champaign (UIUC) Registrations/Memberships Professional Engineer, IL, #062-059188 Experience •Lin Engineering Ltd., Illinois Department of Transportation Phase I Studies for I-290 Bridges, IL •H.W. Lochner, Illinois Tollway I-294 Central Tri-State Mile Long Bridge Reconstruction and Widening, IL •Illinois Tollway, 1-294 Central Tri-State between 95th Street and LaGrange Road, IL Eric Neubauer has over 21 years of engineering experience on roadway, bikeway, airport, freight and passenger rail projects. His experience includes planning studies, preliminary design, geometrics, drainage, materials, and plan production for roadway and bicycle improvements, with a particular specialty in multi-modal design and Federally funded projects. Clients he has worked with include the Chicago Department of Transportation, Illinois Department of Transportation, universities, counties, municipalities, and local agencies. Eric Neubauer PE Infrastructure HDRPage 54 of 94A6.Page 112 of 408 PAGE 51 CITY OF EVANSTONPage 55 of 94A6.Page 113 of 408 D FeesPage 56 of 94A6.Page 114 of 408 Page 57 of 94A6.Page 115 of 408 PAGE 54 TAB D | FEES Fees Note: The price has been developed to meet the city provided budget of $750,000 assuming possible tools and details the city could desire based on our proposed project work plan. The actual price will be developed and based on the final negotiated scope of work developed collaboratively with city staff if we are honored to be selected to team with you on this project. Section 1: Lump Sum Section 2: Cost by Phase Position Billable Rate Principal III $ 368.00 Principal II $ 306.00 Principal I $ 295.00 Planner III $ 229.00 Planner II $ 168.00 Planner I $ 146.00 Land Use Attorney III — Land Use Attorney II — Land Use Attorney I — Project Manager III $ 349.00 Project Manager II $ 298.00 Project Manager I $ 206.00 Urban Designer III $ 234.00 Urban Designer II $ 146.00 Urban Designer I $ 127.00 Architect III $ 306.00 Architect II $ 278.00 Architect I $ 234.00 Landscape Architect III $ 294.00 Landscape Architect II $ 166.00 Landscape Architect I $ 127.00 Economic/Market Analyst III $ 294.00 Position Billable Rate Economic/Market Analyst II $ 231.00 Economic/Market Analyst I $ 194.00 Civil Engineer III $ 277.00 Civil Engineer II $ 184.00 Civil Engineer I $ 166.00 Transportation Engineer III $ 306.00 Transportation Engineer II $ 277.00 Transportation Engineer I $ 194.00 Graphic Designer III $ 150.00 Graphic Designer II $ 127.00 Graphic Designer I $ 104.00 GIS Technician III $ 166.00 GIS Technician II $ 150.00 GIS Technician I $ 127.00 CAD/Revit Tech III — CAD/Revit Tech II — CAD/Revit Tech I — 3D Visualizations III $ 179.00 3D Visualizations II $ 155.00 3D Visualizations I $ 123.00 Admin/Clerical $ 145.00 Section 3: Hourly Rates Total Lump Sum Cost $ 750,000.00 Phase 1: Work Plan Development & Finalization $ 39,600 Phase 2: Existing Conditions & Policies Assessment $ 125,400 Phase 3: Public Engagement, Citizen Planner Training, & Community Goal-Setting $ 161,250 Phase 4: Policy and Draft/Final Document Development $ 198,000 Phase 5: Implementation $ 132,000 Other Project Costs Project Management & Project Expenses $ 93,750Page 58 of 94A6.Page 116 of 408 PAGE 55 CITY OF EVANSTONPage 59 of 94A6.Page 117 of 408 E ContractPage 60 of 94A6.Page 118 of 408 Page 61 of 94A6.Page 119 of 408 45 Revised 03-23 (09-17) Exhibit J Professional Services Agreement Acknowledgement Page The City has attached its standard professional services agreement as an exhibit to this RFP. Identify all exceptions to the agreement that would prevent your firm from executing it. The City shall not consider or negotiate regarding exceptions submitted at any time after the submission of the Proposer’s response.Please check one of the following statements: ____I have read the professional services agreement and plan on executing the agreement without any exceptions. My firm cannot execute the City’s standard professional service agreement unless the exceptions noted below or in the attached sample professional services agreement are made. ***Please be aware that submitting exceptions to the contract may impact the likelihood of your firm being selected to perform this work. List exceptions in the area below: _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________ Authorized Signature: Company Name: Typed/Printed Name and Title:Date:Grace K. Rappe, Associate Vice President HDR Architecture, Inc. 05/12/2023 46 Revised 03-23 (09-17) EXHIBIT J Consultant Certification and Verification I certify in accordance with the Professional Services Agreement, the agents, employees and subcontractors of [CONSULTANT FIRM] are in compliance and will comply with City work rules and policies applicable to City employees while they are on City property, including the City’s Workplace Harassment Policy; COVID-19 Vaccination Policy; and Sexual Harassment Policy. I further certify that the agents, employees and subcontractors of [CONSULTANT FIRM] are in compliance with OSHA emergency temporary standard to protect workers from coronavirus. CONSULTANT: By ________________________ Its: ________________________ FEIN Number: _______________ Date: _______________________ Grace K. Rappe Associated Vice President, HDR Architecture, Inc. 47-0353452 05/12/2023 PAGE 58 TAB E | CONTRACT See exceptions in the following pages.Page 62 of 94A6.Page 120 of 408 PAGE 59 CITY OF EVANSTON V. GENERAL PROVISIONS A. Services. Consultant shall perform the Services in a professional and workmanlike manner. All Services performed and documentation (regardless of format) provided by Consultant shall be in accordance with the standards of reasonable care and skill of the profession, free from errors or omissions, ambiguities, coordination problems, and other defects. Consultant shall take into account any and all applicable plans and/or specifications furnished by City, or by others at City’s direction or request, to Consultant during the term of this Agreement. All materials, buildings, structures, or equipment designed or selected by Consultant shall be workable and fit for the intended use thereof, and will comply with all applicable governmental requirements. Consultant shall require its employees to observe the working hours, rules, security regulations and holiday schedules of City while working and to perform its Services in a manner which does not unreasonably interfere with the City’s business and operations, or the business and operations of other tenants and occupants in the City which may be affected by the work relative to this Agreement. Consultant shall take all necessary precautions to assure the safety of its employees who are engaged in the performance of the Services, all equipment and supplies used in connection therewith, and all property of City or other parties that may be affected in connection therewith. If requested by City, Consultant shall promptly replace any employee or agent performing the Services if, in the opinion of the City, the performance of the employee or agent is unsatisfactory. Footnote: Significant issue. Agreeing to provide services that are free from defects will result in the professional liability insurance carrier denying coverage. This provision should be modified as shown to allow for professional liability insurance coverage. Consultant is responsible for conforming its final work product to generally accepted professional standards for all work performed pursuant to this Agreement. Nothing in this Agreement accords any third-party beneficiary rights whatsoever to any nonparty to this Agreement that any non-party may seek to enforce. Consultant acknowledges and agrees that should Consultant or its sub-consultants provide false information, or fail to be or remain in compliance with this Agreement; the City may void this Agreement. The Consultant warrants and states that it has read the Contract Documents, and agrees to be bound thereby, including all performance guarantees as respects Consultant’s work and all indemnity and insurance requirements. Footnote: HDR cannot provide any performance guarantees of its professional services due to professional liability insurance coverage limitations EXCEPTIONSPage 63 of 94A6.Page 121 of 408 PAGE 60 TAB E | CONTRACT K. Indemnity. Consultant shall defend, indemnify and hold harmless the City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including but not limited to costs, and fees, including attorney’s fees, judgments or settlements, to the extent resulting from or arising out of any negligent or willful wrongful act or omission on the part of the Consultant or Consultant’s sub-contractors, employees, agents or sub-contractors during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. Footnote: A willful act is any act, which could result in broad form indemnification. There must be wrongdoing to trigger HDR’s indemnification obligation for professional liability insurance coverage purposes. 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. The Consultant 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. Footnote: The Consultant is contractually obligated to defend, but if the City elects to obtain their own legal counsel, they may do so at their own expense as set forth in the following paragraph. At the City Corporation Counsel’s option, Consultant must defend all suits brought upon all such Losses and must pay all costs and expenses incidental to them, to the extent caused by Consultant’s negligent or wrongful acts or omissions, but the City has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Consultant of any of its obligations under this Agreement. Any settlement of any claim or suit related to this Agreement by Consultant 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. Consultant shall be responsible for any losses and costs to repair or remedy work performed under this Agreement resulting from or arising out of any error, act or omission, neglect, or misconduct in the performance of its Work or its sub-consultants’ work. Acceptance of the work by the City will not relieve the Consultant 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 shall survive completion, expiration, or termination of this Agreement. Footnote: “Any act” is too broad. The next sentence is acceptable and these two sentences should read the same.Page 64 of 94A6.Page 122 of 408 PAGE 61 CITY OF EVANSTON L. Insurance. Consultant 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 Consultant, and insuring Consultant against claims which may arise out of or result from Consultant’s performance or failure to perform the Services hereunder: (1) worker’s compensation in statutory limits and employer’s liability insurance in the amount of at least $500,000, (2) comprehensive general liability coverage, and designating City as additional insured for not less than $3,000,000 combined single limit for bodily injury, death and property damage, per occurrence, (3) comprehensive automobile liability insurance covering owned, non-owned and leased vehicles for not less than $1,000,000 combined single limit for bodily injury, death or property damage, per occurrence, and (4) errors and omissions or professional liability insurance respecting any insurable professional services hereunder in the amount of at least $1,000,000. Consultant shall give to the City certificates of insurance for all Services done pursuant to this Agreement before Consultant performs any Services, and, if requested by City, certified copies of the policies of insurance evidencing the coverage and amounts set forth in this Section. The City may also require Consultant to provide copies of the Additional Insured Endorsement to said policy(ies) which name the City as an Additional Insured for all of Consultant’s Services and work under this Agreement. Any limitations or modification on the certificate of insurance issued to the City in compliance with this Section that conflict with the provisions of this Section shall have no force and effect. Consultant’s certificate of insurance shall contain a provision that the coverage afforded under the policy(s) will not be canceled or reduced without thirty (30) days prior written notice (hand delivered or registered mail) to City. Consultant understands that the acceptance of certificates, policies and any other documents by the City in no way releases the Consultant and its sub-contractors from the requirements set forth herein. Consultant 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 Consultant fails to purchase or procure insurance as required above, the parties expressly agree that Consultant 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 Consultant. S. Attorney’s Fees. In the event that the City commences any action, suit, or other proceeding to remedy, prevent, or obtain relief from a breach of this Agreement by Consultant, or arising out of a breach of this Agreement by Consultant, the City shall recover from the Consultant as part of the judgment against Consultant, its attorneys’ fees and costs incurred in each and every such action, suit, or other proceeding, if the City substantially prevails in its action, suit, or other proceeding. Footnote: The city must prevail before it recovers attorney feesPage 65 of 94A6.Page 123 of 408 F Scope of Work/Work PlanPage 66 of 94A6.Page 124 of 408 Page 67 of 94A6.Page 125 of 408 PAGE 64 TAB | SCOPE OF WORK/WORK PLAN Scope of Services/ Work Plan We will prepare an outreach and engagement plan, organized by project phases. This OEP will identify methods and activities to inform stakeholders of the project; provide opportunities for us to understand the issues and opportunities identified by the stakeholders and the community at large. The OEP will help the Evanston community to develop their vision for the future, create goals and objectives for this vision, ideate scenarios and create strategies and solutions to achieve this future vision, and identify and prioritize the implementation actions necessary to turn the community’s vision into reality. The plan, developed in collaboration with staff, will describe HDR’s People First Process, which is based in the steps and philosophy of the Participatory Action Research (PAR) method and is derived and adapted to planning from the Stanford University-based IDEO Human-Centered Design Process. In our People First Process, we work with the community side-by-side through three steps: Inspiration -activities for the consultants and the community to better understand people, observe their lives, and hear their hopes and desires Ideation -activities to make sense of all the information collected, generate tons of ideas, identify opportunities, and test and refine community-generated solutions Implementation -activities to figure out how to bring these ideas and solutions to life and maximize their impacts in the Evanston community. This OEP will also define: •A graphic identity for the Plan and the Zoning Code, including a naming convention, color palette, and Plan logo for use in public communications and Plan preparation PHASE I. WORK PLAN DEVELOPMENT & FINALIZATION TIMELINE: MONTH 0 TO MONTH 2 Our project leadership team will participate in a kick-off meeting with City staff to review and discuss the preliminary work plan, project management and communication protocols, public engagement plan goals, and the project schedule, as well as action items and next steps. Task 1.1 Kick-Off Meeting Task 1.3 Outreach & Engagement Plan (OEP) Task 1.2 Project Schedule & Management Following the kick-off meeting, we will prepare a refined version of the work plan, including a project schedule, and submit for staff review. Management activities will include bi-weekly calls with staff to review project progress, preparation of project invoices and progress reports, and ongoing coordination with staff throughout the project. •The general structure and content of the project- specific web page and online engagement tools we will develop in collaboration with City staff •Recommendations for the use of social media strategy for staff to provide project updates and announcements using the City of Evanston’s and partner agencies’ (school district, Chamber of Commerce, etc.) existing channels •Recommendations for in-person public involvement activities to engage and facilitate community stakeholders in being active hands-on participants in developing their Comprehensive Plan and Zoning Code •Plans for periodic briefings with City Council and other appointed and elected officials •Strategies to involve a full range of stakeholders and the most effective method of creating meaningful dialogue with local leaders, stakeholders, and the general public. Our engagement team, with staff from HDR’s Strategic Communications team and Morreale Communications, will work with the City staff to define a suite of strategies to build understanding, engagement, and support among project constituencies: •Elected & appointed officials. The OEP will include plans for briefings and presentations to elected officials and to the boards, commissions, and committees of the City of Evanston. Keeping decision makers informed of the project’s progress will be critical in advancing goals for Comprehensive Plan and the Zoning Code. •Residents, businesses & property owners. The OEP will define communication and engagement strategies geared towards the concerns of those most directly impacted by potential changes in the community. Page 68 of 94A6.Page 126 of 408 PAGE 65 CITY OF EVANSTON Task 1.4 Project Web Site Development Task 2.1 Public Engagement & Outreach •Community leaders, organizations, & associations. The OEP will also define engagement and outreach strategies targeted towards community leaders, business organizations, neighborhood associations, and special interest groups. Direct engagement will take the form of listening sessions early in the project. •Real estate professionals. Interviews and focus groups to gain an understanding of key market dynamics impacting Evanston’s potential, including selected developers, retail and commercial brokers, economic development officials and local planners, and real estate representatives of key local institutions and corporations. •General public. General outreach and involvement activities will be designed to promote higher levels of project understanding and encourage engagement in project activities by all stakeholders, including members of the general public. These activities will include social media communications, on-line tools to share project information and solicit feedback, station-area charrettes and workshops, and information displays and staffed tents at community events like Custer Street Fair, July 4th Parade or the Art and Big Fork Festival. Development of the outreach and engagement plan will involve close coordination with the City’s public communications staff. As needed, we will modify the OEP to ensure that we are reaching all of Evanston’s demographic groups. We will create, host, and manage a project website for the duration of the entire project. We will prepare project content for posting on the project web site. The web site will provide introductory information on the project, periodic updates on the planning process, and a virtual space for the community to collaborate in the planning process and to identify issues, opportunities, and recommendations through a host of online engagement tools and surveys. We will provide additional content for the web site three times during the project: 1) during the initial development of the project site; 2) following the data and analysis effort to include information on existing conditions; and 3) following preparation of an initial draft of the plan. PHASE 2. EXISTING CONDITIONS & POLICIES ASSESSMENT TIMELINE: MONTH 3 TO MONTH 7 In this phase we will begin with a series of listening sessions in the community. Concurrent with the listening sessions, we will be conducting an inventory and analysis of the existing physical conditions, both man-made and natural. We will conduct this inventory through field visits and desktop research. This analysis will supplement these quantitative findings with qualitative input from the listening sessions. The objective in collecting and analyzing this information is to understand: How did the city of Evanston come to look as it does? What is the history of land use, zoning regulations, and development patterns in this area? What shaped the look and function of the infrastructure? How has the natural environment changed? What is the history behind the relationship between the natural and built environment? Understanding these questions - and evaluating the answers from an equity lens based on the equity framework developed at the beginning of this Phase - will frame the discussions to follow. PAR methodology provides the framework for the Inspiration phase of our People First process described in Phase 1. Our process starts with an Equity Summit. Drawing on his 35 years of experience in urban planning with an emphasis on equity and inclusion, Mitchell Silver, FAICP, will lead this summit, highlighting what equity and inclusion look like in terms of both the planning process and the resulting plan. This summit will bring together experts that are practitioners in urban planning and development as well as community advocates experienced in bringing equity and inclusion in planning and policy making to enhance quality of life in communities, especially vulnerable populations who have historically been excluded from the planning process. The discussion will also include current and new tools and strategies that would support Evanston’s equity goals. We will use the discussions from this Equity Summit to develop an Equity Framework for the city, defining equity in the context of Evanston and providing criteria and a spatial tool for evaluating policy and development-related outcomes from this plan and in the future. Listening Sessions. Based on the Equity Framework, we will work with staff to identify the number and locations for these listening sessions. Usually, these conversations include groups of 5 to 15 people at a time and are open conversations to understand the community’s perspective through the individual experience. The objective of these listening sessions is to: Page 69 of 94A6.Page 127 of 408 PAGE 66 TAB | SCOPE OF WORK/WORK PLAN •Unpack and acknowledge the underlying historic and present distress caused due to the de jure and de facto class and racial issues, the history behind these issues, and their impact at the community and individual level •Comprehend what the community really wants – do they want safety or streetscape, park or a bike path, retail or jobs, new developments, or programs to assist current homeowners upgrade their homes, and so on •Manage community expectations on what the Plan and new Zoning Code can and cannot do, the impacts of the plan, and when they might see the actions from this process, and so on. As a deliverable of this task, we will provide a memo summarizing the community conversations acknowledging the historic and current facts, perceptions, and feelings on both the individual and community level related to people and place. Task 2.2 Literature Review Task 2.4 Data Collection & Analysis Task 2.3 Socioeconomics & Demographics We begin with collecting and summarizing the relevant planning documents, which will provide the benchmark for Evanston today. As planners, we will quickly and thoroughly orient ourselves to the planning context and evaluate past and ongoing planning efforts to knit them together and identify planning gaps to initiate alternative, innovative solutions. We will work with the community in the evaluation of existing demographic and socioeconomic conditions to include information regarding the following: •Analysis and reporting of existing socioeconomic and demographic data focused on characteristics relevant to planning policy development, including age, income, household size, vehicle ownership, commute mode and distance, etc. •Analysis and reporting of readily available data, such as the Centers for Disease Control’s 500 Cities Project: Local Data for Better Health to identify areas with clusters of residents with poor health outcomes. Such mapping may be used to set priorities and/or performance measures for potential improvements. In addition to the traditional land and real estate analysis, this portion of the total effort will also focus on identifying areas of the city with populations that may be more likely to experience challenges with housing affordability and access to jobs, community and social services, and parks and recreation facilities. Our team’s economic analysis and public policy experts, with support from HDR’s Decision Economics Group, will develop economic and demographic profiles at both citywide and select small area levels. The focus will be identifying trends to capture the kinds of changes already occurring for both jobs and households, as well as to understand how these trends will likely intersect with growth projections. This information combined with the information from data collection and analysis below will inform the assessment of areas of stability and areas of change. The team will visit and photograph various areas of the city to develop an on-the-ground understanding of the character of different areas; distribution of land uses; urban design and public realm characteristics; functioning of mobility networks; blocks, street and sidewalk networks; housing types; non-residential land use types; and special areas, such as historic and natural resources. Land Use & Urban Form We will complete an evaluation of existing patterns of land use and development with the intent of documenting existing land uses and identifying the existing pattern and character of development. This will include mapping designated activity center and corridors, industrial and employment districts, and different types of residential areas exhibiting similar characteristics, such as age of construction, value, lot and house size, etc. Mapping will also show environmental constraints such as floodplains and wetlands. Housing Affordability & Availability We will complete the following analysis to address housing conditions and affordability: •Inventory Existing Housing Stock. Working with available proprietary private databases, along with federal, state and city data, we will prepare an inventory and analysis of the existing City housing supply, including market rate and affordable housing products. The inventory will include all housing typologies including single-family detached, single- family attached, multifamily, and mobile homes. Key variables will include: °Overall housing profile (tenure, occupancy, age, price) °Percent and location of housing units that are: »Legally restricted affordable housing »Naturally occurring affordable housing with no legal restriction »Age restricted or assisted living communities Page 70 of 94A6.Page 128 of 408 PAGE 67 CITY OF EVANSTON •Analyze Affordability of Existing Housing Stock. We will develop a high-level housing affordability model for the city as a whole which will quantify the extent to which there is a mismatch between the cost of the existing housing stock (both for-sale and rental) and current residents’ household incomes. Using available ACS data, the model will compare the number of households by income cohort to the housing stock affordable at 30% of a household’s annual gross income. The affordability assessment will be based on ACS data on housing units, home values and rents, household income and tenure. Sustainability/Resiliency We will evaluate existing policies and strategies and then prepare a map set and narrative to address the following: •areas vulnerable to climate change •existing community-wide greenhouse gas emissions data •policy recommendations from efforts such as Evanston’s Climate Action & Resiliency Plan (CARP) and Preserve2040 Mobility We will prepare planning level analysis of the existing transportation and transit networks serving the city. This evaluation will address the following: •existing roadway capacity - highlighting areas at- and over-capacity based on an evaluation of volume versus capacity •existing crash hot spots showing crashes by type and severity •existing and planned active transportation network improvements, including sidewalks, trails, and bicycle accommodations, and areas generating the highest demand for active transportation based on factors such as age, income, automobile ownership, etc. •existing and planned transit service, including information on routes and stops with highest levels of use Task 2.5 Zoning Code Diagnostics •review of complete streets and context zone work previously completed, including mapping of streets previously identified as being appropriate for complete streets improvements •review of existing infrastructure in terms of popular trends, both current and future such as ride sharing, micro mobility, electrification, autonomous vehicles, drone deliveries, etc. •review and mapping of planned and programmed improvements The mobility analysis will draw on data, analysis, and recommendations in the City’s Thoroughfare Plan and other plans such as the WGI Parking Study and other countywide and regional plans. We will use readily available data regarding traffic volumes and transportation system conditions, capacity, and plans. Policy Context Overview We will prepare a memo summarizing existing policy and regulatory provisions shaping land use and development in the city. The memo will document the following: •the validity of existing Comprehensive Plan goals, objectives, and policies to indicate which should be carried forward in the update, which require evaluation and adaptation, and which may be no longer valid or appropriate •Code related to land development (subdivision, zoning, building, fire, street design manual etc.) review and evaluation focusing on existing standards shaping the physical form and configuration of development with the purpose of identifying areas of these codes requiring refinement or adjustment to achieve Plan goals and objectives •policies related to equity and inclusion issues. The main objective of this task is to understand current planning and development practices and the dynamics of administration, procedures, common bottlenecks, and outdated regulations. Building on the City’s line-by- line assessment of the Code, we will compare and score every line of the current Zoning Code against current plans and policies as well as the information collected through the Listening Sessions that will be conducted as a part of this Phase 2 - Existing Conditions & Policy Assessment. We want to understand exactly how the current code is falling short in meeting the needs of Evanston today and in the future. We will summarize our findings into a Diagnostic Report that outlines exactly how the current code is succeeding and/or falling short, and how the code compares with best practices in zoning and planning. We start with a thorough line- by-line analysis that scores goals and objectives from the Plan and the Listening Sessions against the code and provides detailed notes for every section within a matrix. The matrix scores the entire code, and the findings from this exercise are subsequently distilled and summarized within the Diagnostic Report. As we finalize the Diagnostic Report, we will create a prioritized list of changes and updates. We will begin to uncover how zoning districts could be re-organized and revised to better meet City objectives. This report helps to orient the project and provides insight into focus areas. We are also able to create a 3D scenario of Evanston if it continues to develop with the current zoning regulations to clearly show the conflicts with the current area plans using the Comprehensive Plan Mapping Tool that will be developed during this Phase. This tool will also allow our team to help the community and decision makers visualize impacts of the current zoning regulations in a tangible way and will allow our team to efficiently facilitate the community in developing recommendations and solutions in Phase 3. Page 71 of 94A6.Page 129 of 408 PAGE 68 TAB | SCOPE OF WORK/WORK PLAN In this task our partner ViewPro will collect and set up the GIS layers for land suitability analysis using basic assumptions developed in collaboration with staff. We will also leverage ArcGIS Urban to conduct current zoning evaluation. We will use the mapping tool to study how the past zoning entitlements trends shaped the current ordinances and ensure they are addressed using scenario planning tools in the future Phases. In this task we will set-up ArcGIS Urban model for scenario development for 2 major nodes to be selected in Phase 3. We will map our findings using the mapping model/tool developed during this phase by our partner ViewPro. Task 2.6 Interactive Comprehensive Plan Mapping Tool Task 2.7 Existing Conditions Summary Report Task 3.1 Outreach & Engagement Activities We will prepare a high-level summary of findings from the data and analysis. The report will be in the form of a highly graphic briefing booklet, approximately 10 pages in length, including summary narrative, maps, and infographics. Material prepared for the report will be available to the City for posting on the project web site. PHASE 3. PUBLIC ENGAGEMENT, CITIZEN PLANNER TRAINING, & COMMUNITY GOAL-SETTING TIMELINE: MONTH 8 TO MONTH 11 As mentioned earlier, our team’s engagement process is steeped in PAR methodology. The public engagement in this phase is the Ideation Phase of our People First Process. Our engagement process makes strategic use of traditional, targeted, innovative, and online outreach tools and methods to reach a broad and inclusive audience. Traditional. These are conventional methods that most planning processes already use. Examples we can use include public meetings, steering committees, check-ins with the county commission and city council, newsletters, and info-blasts. Targeted. This will be outreach to specific groups that may not otherwise participate in the planning process. Groups that may require targeted outreach could include immigrants, non-native English speakers, students/ youth, seniors, families, the business community, and renters. Examples of targeted outreach we can use include focus groups, piggybacking on other meetings or gatherings, and offering a partnership stipend to other organizations to engage hard-to-reach populations. Innovative. These are creative and unconventional outreach methods to help collect information, increase awareness of the planning process, and boost participation. Examples we can use may be design summits, charrettes, pop-up events, tap event series, photo inventories and stories, demonstration projects, and community celebrations. Creative input opportunities – such as six-word stories, drawing exercises, and kids’ activities – can and should also be incorporated into public meetings. Online. Internet-based outreach can help increase awareness and participation while helping to reach people who may not otherwise participate. Examples include a project website, social media, and interactive engagement tools like surveys, polls, and story maps. We propose creating an “online equivalent” for each public meeting in the planning process to offer diverse opportunities to participate. The online equivalent is envisioned as a way for people who did not attend the meeting to not only review materials but also provide input comparable to the opportunity that was afforded to meeting attendees. To accommodate the potential technological gap for some households, we can work with the City to host local satellite locations to simulcast online events and capture questions from the attending public. We can also work with the City to set up kiosks/tablets at libraries and community centers for people to access online surveys and other online input opportunities. Our engagement toolkit for this Ideation phase consists of planning summit, tap events, pop up events, street interviews, transit ride along, block parties, walk/bike tours, and food truck events, foresight laboratories, multi-day design charrettes, community visioning workshops, etc., where we engage a broad spectrum of the community through facilitated exercises, instant Page 72 of 94A6.Page 130 of 408 PAGE 69 CITY OF EVANSTON polling, postcards to the future, bubble boards, visual preference surveys, interviews and so on. While we have proposed initial ideas below as part of our proposal, we want to work with the City to develop an engagement process that furthers the City’s goals of making this a community-driven Comprehensive Plan and Zoning Code. The final number and location of these activities will be based on findings from Phase 2 and discussions with staff. Each of the following activities will build on the information gathered from the previous activity. One Tap Event – This is a community-based event that combines outreach, networking, and education into a unique experience – part open mic and part moderated discussion to promote quality conversation in a fun and casual manner utilizing the local bars and breweries as hosts. One Pop-up event – This type of event is used to meet residents where they already are, rather than relying on large public workshops and online engagement we meet people at community events such as Custer Street Fair, July 4th Parade or the Art and Big Fork Festival and Task 3.3 Zoning Code and Map Guiding Principles Task 3.2 Comprehensive Plan Vision Statement, Goals and Objectives so on. Pop-up events involve setting up a space at an event such as a booth or a kiosk that is welcoming, eye- catching, informative and allows for conversation-based feedback. These events focus on maximizing public participation and dialogue, especially with communities that have not historically participated in similar projects. One Foresight Laboratory – This is derived and adapted to urban planning from the Strategic Foresight and Futuring processes used by the U.S. military and oil corporations such as Exxon and Chevron to plan for the future. This is a process for the community to identify future trends that they think will impact Evanston, create future scenarios incorporating these identified future trends, and develop a vision for the future using common themes from each of the scenarios developed in the Foresight Laboratory. Two Online Poll & Survey – We do a survey at the beginning of this phase to get people to share their vision for the future of Evanston and at the end of this phase we conduct a poll to narrow down the vision statements created throughout this phase. Citizen Planner Academy - Drawing on the input and understanding gathered in the earlier phases, we will design an interactive citizen planner academy that is specific to the needs of the Evanston community. Academy activities may include presentations, activities using the interactive mapping tool, scenario building, or a site visit. The details of the academy will be refined during the project management meetings with staff. We will prepare flyers, posters, social media posts, mailers, or other print or electronic material for use in engagement activities or for broader distribution. Staff will be responsible for printing these materials, meeting scheduling, logistics, printing and mailing, miscellaneous meeting materials, equipment, and invitations. We will prepare a Vision Statement (or Guiding Principles) stating the community’s vision for the future developed through the activities in Task 3.1. The Goals and Objectives will also be derived from the public engagement activities of Task 3.1 and will form the preliminary framework to guide preparation of the Plan elements. The Vision Statement (or Guiding Principles) will be presented as a series of statements with supportive graphics stating the City’s broad intention to improve livability, housing affordability, sustainability/ resiliency, mobility, equity and inclusion, place quality, parks and public spaces, and competitiveness. In the previous Phase, we will have developed draft districts and created a prioritized list of updates for the code. In this Phase we will develop a Zoning Code Calibration Report which will act as guiding principles in development of the Zoning Code draft in Phase 4. In this report we will: •Lay out base regulations for the various sections of the code, like districts, generally applicable regulations, environmental/subdivision standards within a table format which we call the “Calibration” of base regulations. At the same time, we will create an “administrative inventory” whereby we assess the kinds of approvals needed and in which scenarios. We will communicate with staff to understand where they feel there are administrative inefficiencies. •Create a calibration table. The Calibration module creates efficiencies; when we begin to draft new language, the base regulations will be fleshed out and the team can focus on the document text, graphics, and readability. We will also lay out proposed revisions to standards by identified topics & specializations. Page 73 of 94A6.Page 131 of 408 PAGE 70 TAB | SCOPE OF WORK/WORK PLAN Task 3.4 Interactive Comprehensive Plan Mapping Tool Task 4.1 First Community Workshop •Meet with development staff to review base regulations / calibration table. We will integrate the staff’s feedback into the standards calibration. •Review & Test. After receiving feedback, we will review and revise the calibration table. We will hold a review with the development community & the community at large during the Community Workshops in Phase 4 to test the base regulations with residents and other stakeholders as a public forum. We will prepare for and participate in up to three briefings with select City staff and prepare for and participate in a joint workshop with selected City boards, committees, and commissions and a second workshop with the City Council to review feedback from public engagement activities and present drafts of the Vision Statement and Preliminary Framework Report. We will incorporate feedback from senior staff; the boards, commissions, and committees; and City Council into a final Vision Statement and Preliminary Framework Report. Material prepared for the report will be available to the City for posting on the project web site. PHASE 4. DEVELOPMENT AND DRAFTING OF THE PLAN AND THE ZONING CODE TIMELINE: MONTH 12 TO MONTH 15 This starts the Implementation Phase of our People First public engagement process as described in Phase 1. The interactive mapping tool will be heavily used during in-person events and online to engage the community during this implementation phase. We will leverage the ArcGIS Urban land suitability model set up in Phase 2 to build scenarios using information being collected during Task 3.1 activities and share the analytical results collaboratively with the community. We will develop two scenarios for each major node for a total of four scenarios. We will also leverage ArcGIS Urban to test various future zoning scenarios and help the community and the team identify the best zoning strategies and build scenarios showing in-fill opportunities and possible locations, densities, and form for new development projects. These open houses will feature activity stations such as a density game, a budget game, interactive paper maps, community conversation tables, etc. These activity stations help educate the community regarding the connections between vision, land use, density, development regulations, municipal budget, etc. and involve the community in creating the Plan. We also have boards of data and analysis of both qualitative and quantitative information on display around the room for attendees to review and discuss. The purpose is to help the community to generate ideas and solutions to achieve the vision for the future of Evanston developed by the community in Phase 3. One example of the type of data shared is a Real Estate Market Overview. We will use the real estate market trends and conditions for major land uses and building blocks identified in Phase 2. For each use type to be studied in each building block, our team will inventory the existing supply, including total square footage, rents/ sales prices, vacancy rates, net annual absorption, and recently built, planned, and proposed projects. In addition to the quantitative data, experts including real estate brokers, developers, and other key stakeholders will be interviewed regarding market conditions to round out information about what product types are most viable, which locations are doing well, and which product types are likely in decline. The community will be able to use this information along with the economic and demographic profiles and other data related to mobility, infrastructure etc. to inform the generation of ideas and solutions to achieve the community vision for the future of Evanston. Development of Alternative Scenarios. The HDR team will use the Comprehensive Plan Interactive Mapping Tool developed in the previous phases to develop scenarios using the ideas and solutions generated by the community. We will guide the community during these workshops to consider projections, growth allocations, and land capacity analysis, and we will combine this community input with data collected through phases 2 and 3 such as future demographics, land use categories, range of density and intensity of use, infrastructure availability, etc. to establish a baseline “demand estimate” for future development that will be used as inputs for the Interactive Mapping Tool to develop up to three alternative development scenarios. These Page 74 of 94A6.Page 132 of 408 PAGE 71 CITY OF EVANSTON Task 4.2 Drafting of Comprehensive Plan Elements Our team’s approach to drafting this Comprehensive Plan for Evanston is both integrated and interdisciplinary. We begin this step with an internal multiday workshop/ charrette with our visualization and interactive design staff. In addition, we may also call on experts from HDR’s other disciplines such as military planning, site civil, architecture, stormwater etc. as needed. We will refine the ideas and solutions developed by the community and create recommendations and strategies organized as projects, programs, and policies. These recommendations will also include action steps and identification of funding mechanisms related to land use and urban design, housing affordability and stability, multi-modal mobility and infrastructure, public health and open space, resiliency and environmental justice, economic development, and any other key topics that might get identified in the previous phases, and to allow for competitive positioning of Evanston within the region and beyond. During this charette, the HDR team will work closely with our partners to identify catalyst projects from the list of recommended projects mentioned above based on market assessment & proformas, fiscal impact, and public input. We will develop preliminary concept/ site plans for the recommended projects. We will use HDR’s Visualization + Interactive Design team services to create photo-simulations showing before and after scenarios, create virtual scenarios, illustrations, and parcel-level design plans for catalyst sites, maps, and reference images to understand and convey the community’s vision and the overall concept plan and specific site level concepts in an extremely tangible way during public engagement to test alternative development scenarios, overall recommendations, and catalyst projects. Following the charette we will refine these overall recommendations and catalyst project renderings, test them through the Equity Framework developed in Phase 2, and begin developing the final Comprehensive Plan document. Task 4.3 Drafting the Zoning Code Our partner ZoneCo will work with Mitchell Silver with McAdams and the HDR team to draft the Zoning Code for Evanston. At the close of the Calibration step in Phase 3, we will develop a document design, and we will begin to create graphics that will make the code more readable and user- friendly. Following the testing of base regulations in Task 4.1, we will revise base regulations, update use tables, update administrative processes, and review with staff before we draft the language of the code. This ensures that questions can be addressed prior to going through the process of drafting the language of the code, which requires consistency in language and references. With the base regulations fleshed out, the team will focus on the language of the code. We recommend that as we undertake the drafting process, that we deliver the new code language in sections. We can work with the City to prioritize section delivery. We have found efficiencies in providing clients a chance to review completed chapters or sections while the team moves forward with document drafting. This also saves our clients from reviewing a document that is possibly several hundred pages at one time. First Draft & Public Review Draft. When staff has reviewed all of the sections and we have incorporated the comments, we will prepare a draft for the public forums (See Task 4.4 and 4.5). We will coordinate the public forum and create an inventory of feedback received which we will integrate into the document. The draft code will also be available online along with a means for submitting comments electronically. scenarios will then be compared with the most recent market trends and conditions for different building block typologies identified during the visioning process. This process will essentially create a “bottoms up” to “top down” comparison of growth potential in Evanston. The different scenarios will also be evaluated using the Equity Framework developed as part of this Plan. Page 75 of 94A6.Page 133 of 408 PAGE 72 TAB | SCOPE OF WORK/WORK PLAN Task 4.4 Second Community Workshop We will prepare a presentation and meeting materials to define discussion topics, facilitate public dialogue, and gather feedback on the accuracy of our portrayal of the community’s ideas and designs. Importantly, this community workshop will provide an opportunity for the community to validate or provide changes prior to development of the final documents for the Comprehensive Plan and the Zoning Code. We will use the interactive mapping tool during this workshop to help people visualize the recommendations. In these community workshop presentations, we will show a clear connection between the ideas and solutions generated by the People of Evanston and their incorporation into the draft Comprehensive Plan and draft Zoning Code. We will also use this as an educational opportunity by drawing clear connections between the Comprehensive Plan vision statement and the land use map to the zoning regulations and zoning map to help the community understand these connections. We will prepare for and complete one-on-one and small group meetings with key leaders to review the draft Plan and seek feedback regarding refinements. We will participate in up to four briefings with boards, commissions, and committees. Task 4.6 Briefings with Key Leaders Task 4.5 Virtual Community Workshop We propose creating an “online equivalent” for this workshop, using tools like MIRO and/or Virtual Open House accessed through this link: TxDOT US 285 South Virtual Public Meeting site. We will use surveys and comment submission to allow people who may not be able to attend the in-person community workshop the ability to review and comment on the draft Comprehensive Plan and the draft Zoning Code. Task 5.1 Implementation Workshop PHASE 5. IMPLEMENTATION TIMELINE: MONTH 16 TO MONTH 18 We will conduct an Implementation Meeting - a one-day workshop with the City leadership and partner agencies that make financial-, infrastructure-, and development- related decisions (such as city management, county administrators and department directors, CDOT, major industries and developers and council members, university and hospital administrators, school district officials, and Economic Development Commission members), to ensure that the solutions are locally produced, financially supported, and “do-able” for the community. The goal of this workshop will be to help build additional consensus to aid partner agencies in their decision making and to ensure implementation by engaging decision makers in validating the identified action steps, priorities, funding, and partnerships needed to implement the recommendations in this Plan. Task 5.2 Drafting the Implementation Plan Based on the previous findings, our team will describe how the policies and actions in the Comprehensive Plan should be carried out. The team will provide recommendations for administering the planning process and enhancing linkages between the Comprehensive Plan and the Capital Improvement Program (CIP); will coordinate with the new Zoning Code draft; and recommend steps to be taken to monitor, evaluate, and update the Comprehensive Plan on a regular basis. Our team will provide implementation strategies for the recommendations and identified catalyst projects that will address: regulatory changes including incorporating specific zoning and design standards and guidelines in the Zoning Code being drafted concurrently; key infrastructure improvements to attract future private investment/reinvestment; recommended priorities and phasing for public investments; grants and public private partnership opportunities; other funding sources; and, programmatic changes the city can make to both foster and better manage change in the future. The implementation plan will include an implementation matrix of goals, strategies, and actions, with priority ranking, timeline, responsible parties, and potential funding sources or costs, and will be organized by building block typologies. This section will also include an Action Plan Matrix. Each of the Plan’s action items will be assigned to an agency and given a timeframe and priority ranking. Ties to the Capital Improvement Program will be made explicit. The final recommendations & implementation strategies will be in form of projects, programs and policies aligned with the City’s 5-year budget plan as well as future CIP. While our team will be evaluating all ideas generated with an equity lens throughout the planning process, upon completion of the Comprehensive Plan document our team will conduct a thorough equity analysis to ensure that the recommendations, strategies, priorities, and actions in this Plan are equitable and inclusive for all Evanstonians. We will prepare flyers, posters, social media posts, mailers, or other print or electronic material for use in engagement activities or for broader distribution. Staff will be responsible for printing this collateral, meeting scheduling, logistics, printing and mailing, miscellaneous meeting materials, equipment, and invitations. Page 76 of 94A6.Page 134 of 408 PAGE 73 CITY OF EVANSTON Our team will be working with staff in developing and testing these two technologies from the start of the process and refining and testing them along the way while we conduct analysis, engagement, and draft the documents. In this task we will have refined the technologies to allow for launching these tools. We will produce these final documents in a graphically Task 5.4 Final Comprehensive Plan and Zoning Code document Task 5.3 Implementation Dashboard and Interactive Mapping Tools rich, easy to understand, jargon-free, and user-friendly formats that are oriented towards multiple audiences. To that end, in addition to providing Spanish translation for engagement and outreach publications and events during the process, we will work with our partner Multilingual Connections to publish the final Plan and Zoning Code as bilingual documents. We will prepare presentation materials and present or assist staff in presenting the final Plan document and the final Zoning Code, Zoning Map, and interactive mapping tool at the Land Use Commission, Planning & Development Committee, and City Council public hearings. Following adoption, we will conduct a close out meeting with City staff to deliver the final Plan Task 5.5 Plan and Code Adoption document, a performance-monitoring spreadsheet to assist staff in tracking the various recommendations in the plan, and electronic files of the backup data used to produce the plan. Note: Task 5.5 may go beyond Month 18 as it will depend upon the City’s Board, Commission, Committee, and Council schedules. Provide number of hours anticipated to complete the respondent’s Project Approach broken out by assigned consultant/subconsultant staff. As tasks will be scheduled over a period of 18 months, exact hours by each task and personnel committed to this project can be calculated meaningfully once we can develop the scope of work in collaboration with staff. The assigning of hours to each task by personnel depend upon the exact scope, and city staff’s expectations on milestones, deliverables, and timeline. For example – if certain deliverables are scheduled back-to-back or city staff expects other than a traditional analysis or deliverable then the staff assigned and/or the hours assigned will change accordingly. For the purpose of this proposal and fee the number of hours for each staff member have been calculated by: PUBLIC ENGAGEMENT, CITIZEN PLANNER TRAINING, & COMMUNITY GOAL-SETTING EXISTING CONDITIONS & POLICIES ASSESSMENT WORK PLAN DEVELOPMENT & FINALIZATION DEVELOPMENT AND DRAFTING OF THE PLAN AND THE ZONING CODE IMPLEMENTATION PHASE 5 NOVEMBER 2024 - JANUARY 2025 PHASE 3 MARCH 2024 - JUNE 2024 PHASE 4 JULY 2024 - OCTOBER 2024 PHASE 2 OCTOBER 2023 - FEBRUARY 2024 PHASE 1 JULY 2023- SEPTEMBER 2023 Overall Schedule •assigning a percentage of the total project fee to each task based on our past experience with similar projects and an assumed level of work involved, deliverables, and milestones for the proposed work plan •we then calculated the hours by considering the billable rate of the staff members that will be involved in each task and assigned hours anticipated to complete the task. •The hours for PIC and Project Director have been considered as 100% available to the City of Evanston as and when required during the entire project schedule. We realize that this is not an exact accounting of hours by task and assigned staff member requested but instead of providing numbers that would not be true we would like to assure you that we are committed to both the city and this project and will invest the time and effort required to deliver a quality product that is innovative and implementable, and schedule the hours for each task accordingly to meet the city’s budget and timeline.Page 77 of 94A6.Page 135 of 408 G ExhibitsPage 78 of 94A6.Page 136 of 408 Page 79 of 94A6.Page 137 of 408 33 Revised 03-23 (09-17) EXHIBIT A DISCLOSURE OF OWNERSHIP INTERESTS The City of Evanston Code Section 1-18-1 et seq. requires all persons (APPLICANT) seeking to do business with the City to provide the following information with their proposal. Every question must be answered. If the question is not applicable, answer with "NA". APPLICANT NAME: ______________________________________ APPLICANT ADDRESS: ______________________________________ TELEPHONE NUMBER: ______________________________________ FAX NUMBER: ______________________________________ APPLICANT is (Check One) ( ) Corporation ( ) Partnership ( ) Sole Owner ( ) Association Other ( ) ________________________________________________________ Please answer the following questions on a separate attached sheet if necessary. SECTION I CORPORATION 1a. Names and addresses of all Officers and Directors of Corporation. _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 1b.(Answer only if corporation has 33 or more shareholders.) Names and addresses of all those shareholders owning shares equal to or in excess of 3% of the proportionate ownership interest and the percentage of shareholder interest. (Note: Corporations which submit S.E.C. form 10K may substitute that statement for the material required herein.) _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 30 W. Monroe Street, Suite 700, Chicago, IL 60603 312.470.9501 312.470.9502 HDR Architecture, Inc. The sole “shareholder” of HDR, Inc. is the HDR, Inc. BEST Plan and ESOP, a qualified benefit plan in which all employees are “participants.” No one participant/employee owns more than one percent of the outstanding stock of the company. HDR, Inc. and its subsidiary HDR Architecture, Inc. has the following Officers. In addition, HDR Architecture, Inc. has 16 Senior Vice Presidents, 59 Vice Presidents and 28 Associate Vice Presidents. See the following page for listing. 34 Revised 03-23 (09-17) 1c. (Answer only if corporation has fewer than 33 shareholders.) Names and addresses of all shareholders and percentage of interest of each herein. (Note: Corporations which submit S.E.C. form 10K may substitute that statement for the material requested herein.) ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ SECTION 2 PARTNERSHIP/ASSOCIATION/JOINT VENTURE 2a. The name, address, and percentage of interest of each partner whose interests therein, whether limited or general, is equal to or in excess of 3%. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 2b. Associations: The name and address of all officers, directors, and other members with 3% or greater interest. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ SECTION 3 - TRUSTS 3a. Trust number and institution. ______________________________________________________________________ 3b. Name and address of trustee or estate administrator. ______________________________________________________________________ ______________________________________________________________________ 3c. Trust or estate beneficiaries: Name, address, and percentage of interest in total entity. ______________________________________________________________________ ______________________________________________________________________ N/A N/A N/A N/A N/A N/APage 80 of 94A6.Page 138 of 408 Page 81 of 94A6.Page 139 of 408 * Located in the Chicago office NAME OFFICER TITLE ADDRESS Wignall, Douglas S.President Omaha Henderson, John W.Chief Operating Officer Omaha McAneny, Douglas J.Executive Vice President Washington Adams, Hank H.Senior Vice President Dallas Bechtol, David C.Senior Vice President Monrovia Bray, Gerald C.Senior Vice President Omaha Brenchley, Michael Senior Vice President Dallas Crane, Jonathan T.Senior Vice President Atlanta Doiel, Michael D.Senior Vice President Omaha Erpestad, Susana A.Senior Vice President Arlington Gollehon, Steven R.Senior Vice President Omaha Higgason, Heidi N.Senior Vice President Omaha Jaffe, Eric T.Senior Vice President Pennington Kowalchuk, Brian Senior Vice President Pennington McConnell, James Senior Vice President Honolulu Soueid, Ahmad M.Senior Vice President Dallas Tierney, Todd A.Senior Vice President Denver Yosten, Andrew J.Senior Vice President Omaha Carpenter, Bruce D.Senior Vice President - PT Omaha Alsop, James R.Vice President Charlotte Atkinson, James J.Vice President Charlotte Ayoub, Mohammed A.Vice President New York Bergman, Jill A.Vice President San Francisco Bodewin, Daryl D.Vice President Houston Bonner, Kent K.Vice President Arlington Bormann, Christian F.Vice President Pennington Chilingaryan, Vartan Vice President Los Angeles NAME OFFICER TITLE ADDRESS Consalvo, Robert P.Vice President Pennington Cook, Elizabeth E.Vice President Pennington Corbett, Neal N.Vice President Atlanta de la Mora, Peter A.Vice President Houston DeBoer, Matthew J.Vice President Omaha Diamond, Katherine Vice President Los Angeles Ditoro, Tom J.Vice President Toronto Elahi Shirazi, Kamran Vice President Dallas Fahs, Jeff A. *Vice President Chicago Foral, Scott D.Vice President Omaha Grant, Trip J.Vice President Los Angeles Guerrero, Gerald P.Vice President Tampa Hadsell, Gregory A.Vice President San Francisco Hamlin, Diane E.Vice President Los Angeles Hanley, June P.Vice President Charlotte Hendrickson, Warren J. *Vice President Chicago Jelinek, Kevin R.Vice President Pennington Kang, Yong J.Vice President Los Angeles Keeffe Moelder, Cynthia Vice President Carson City Kopperman, Paul A.Vice President Pennington Kurten, David E.Vice President Pennington Lahood, Steve E.Vice President Omaha Lee, Sangmin Vice President San Francisco Lutz, Daniel L.Vice President New York Mahon, Elizabeth M.Vice President Philadelphia Meub, Eric A.Vice President Los Angeles Mikkelsen, Jason L.Vice President Phoenix Mottet, Michael P.Vice President Atlanta HDR Architecture Inc. Officers ListPage 82 of 94A6.Page 140 of 408 * Located in the Chicago office NAME OFFICER TITLE ADDRESS Nielsen, Bryan S.Vice President Omaha Onnen, Thomas A.Vice President Los Angeles Paul, Jack Vice President Phoenix Porfido, Emil L.Vice President Philadelphia Prindle, William E.Vice President Dallas Ransdell, Troy H.Vice President Omaha Rodrigues, Fernando L.Vice President Houston Rohlfing, Colin K.Vice President Jefferson City Roughan, Michael P.Vice President Boston Scanga, Joey E.Vice President Berkeley Scherer, Julianne Vice President Denver Smith, Thomas Vice President Pennington Spady, Kevin A.Vice President Los Angeles Street, Michael W.Vice President Atlanta Sty, Rob F.Vice President Phoenix Sun, Yong E.Vice President Pennington Tang, Junjian Vice President Tallahassee Tariq, Usman A.Vice President Los Angeles Thomson, Jim W.Vice President Minneapolis Tkacz, Sandra S.Vice President Glen Allen Trenolone, Thomas J.Vice President Omaha Vondenkamp, William P.Vice President Arlington Wattier, Donovan D.Vice President Omaha Ahmedic, Drazen Associate Vice President Tampa Anderson, Chad W.Associate Vice President Dallas Beshore, Jason P.Associate Vice President Arlington Chow, Mary T.Associate Vice President Vancouver Connors, Thomas J.Associate Vice President Charlotte NAME OFFICER TITLE ADDRESS Cristal, Neil L.Associate Vice President Los Angeles Ellis, Brendan P.Associate Vice President Tampa Goehring, Wade D.Associate Vice President Omaha Griffin, Duncan J.Associate Vice President Seattle Hamilton, Michael P.Associate Vice President Omaha Kamal, Leila R.Associate Vice President Boston Kimble, Scott A.Associate Vice President New York Knickmeyer, John R.Associate Vice President Arlington Knittel, Tom J.Associate Vice President Los Angeles Littell, Terry D. *Associate Vice President Chicago Lynch, Kevin P.Associate Vice President Charlotte Mack, Jordi Associate Vice President Arlington Mays, Amy S.Associate Vice President New York Nagashima, Paul Y.Associate Vice President Los Angeles Narburgh, Chad R.Associate Vice President New York Penn, Michelle M.Associate Vice President Lincoln Rappe, Grace K. *Associate Vice President Chicago Robertson, Julie A.Associate Vice President Minneapolis Secker, Charles R.Associate Vice President Dubai Stebbins, Jessica R.Associate Vice President Boston Whaley, Matthew T.Associate Vice President Omaha Wisniewski, James R.Associate Vice President Pennington Zhao, Jing Associate Vice President Olympia Davies, Elisa B.Secretary Omaha Buell, Elizabeth C.Assistant Secretary Omaha Vik, Laurie S.Assistant Secretary Omaha Heaney, Kathy M.Treasurer Omaha Cox, Joseph R.Assistant Treasurer Omaha White, Troy L.Assistant Treasurer OmahaPage 83 of 94A6.Page 141 of 408 36 Revised 03-23 (09-17) EXHIBIT B ADDITIONAL INFORMATION SHEET Proposal Name: _______________________________________________ Proposal Number #: _________________________________________________ Company Name: __________________________________________________ Contact Name: ___________________________________________________ Address: ________________________________________________________ City,State, Zip: ____________________________________________________ Telephone/FAX: #_________________________________________________ E-mail: __________________________________________________________ Comments: _____________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 23-32 30 W. Monroe Street, Suite 700 312.470.9501/312.470.9502 City of Evanston Comprehensive Plan & Zoning Code Grace Rappe, Associate Vice President Grace.Rappe@hdrinc.com HDR Architecture, Inc. Chicago, IL 60603Page 84 of 94A6.Page 142 of 408 38 Revised 03-23 (09-17) Exhibit D ACKNOWLEDGEMENT OF UNDERSTANDING THE SECTION BELOW MUST BE COMPLETED IN FULL AND SIGNED The undersigned hereby certifies that they have read and understand the contents of this solicitation and attached service agreements, and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or to accept any request for additional compensation. By signing this document, the Proposer hereby certifies that they are not barred from bidding on this contract as a result of bid rigging or bid rotating or any similar offense (720 ILCS S/33E-3, 33E-4). Authorized Signature: Company Name: Typed/Printed Name:Date: Title: Telephone Number: Email: Fax Number: HDR Architecture, Inc. 312.443.4318 312.470.9502Grace.Rappe@hdrinc.com Associate Vice President Grace K. Rappe 05/12/2023Page 85 of 94A6.Page 143 of 408 40 Revised 03-23 (09-17) EXHIBIT F CITY OF EVANSTON M/W/D/EBE POLICY A City of Evanston goal is to provide contracting and sub-contracting opportunities to Minority Business Enterprises, Women Business Enterprises, Disadvantaged and Evanston Business Enterprises. The goal of the Minority, Women, Disadvantaged and Evanston Business Enterprise Program (M/W/D/EBE) is to assist such businesses with opportunities to grow. To assist such growth, the City’s goal is to have general contractors utilize M/W/D/EBEs to perform no less than 25% of the awarded contract. Firms bidding on projects with the City must work to meet the 25% goal or request a w aiver from participation. It is advised that bidders place advertisements requesting sub - contractors and that they email or contact individual firms that would be appropriate to partner in response to the project. For samples of possible advertisements, see the City of Evanston’s Business Diversity Section http://www.cityofevanston.org/business/business- diversity/ (Sample Advertisement ). If you request a paper copy of the additional documents, it will be available free of charge from the Purchasing Office, 2100 Ridge Road Suite 4200, Evanston, IL 60201. If a bidder is unable to meet the required M/W/D/EBE goal, the Bidder must seek a waiver or modification of the goal on the attached forms. Bidder must include: 1. A narrative describing the Bidder’s efforts to secure M/W/D/EBE participation prior to the bid opening. 2. Documentation of each of the assist agencies that were contacted, the date and individual who was contacted, and the result of the conversation (see form) 3. A letter attesting to instances where the bidder has not received inquiries/proposals from qualified M/W/D/EBEs 4. Names of owners, addresses, telephone numbers, date and time and method of contact of qualified M/W/D/EBE who submitted a proposal but was not found acceptable. 5. Names of owners, addresses, telephone numbers, date and time of contact of at least 15 qualified M/W/D/EBEs the bidder solicited for proposals for work directly related to the Bid prior to the bid opening (copies must be attached). If a bidder is selected with a Sub-contractor listed to meet the M/W/D/EBE goal, a “monthly utilization report” will be due to the City prior to each payment being issued to the Contractor. This report will include documentation of the name of the firm hired, the type of work that firm performed, etc. Should the M/W/D/EBE not be paid according to the schedule proposed in this document, the City reserves the right to cancel the contract. Examples of this monthly form can be found on the City’s website: http://www.cityofevanston.org/business/business-diversity/ (MWDEBE Monthly Utilization Report). 41 Revised 03-23 (09-17) EXHIBIT G M/W/D/EBE PARTICIPATION COMPLIANCE FORM I do hereby certify that _________________________________________________ (Name of firm) intends to participate as a Subcontractor or General Contractor on the project referenced above. This firm is a (check only one): ______ Minority Business Enterprise (MBE), a firm that is at least 51% managed and controlled by a minority, certified by a certifying agency within Illinois. ______ Women’s Business Enterprise (WBE), a firm that is at least 51% managed and controlled by a woman, certified by a certifying agency within Illinois. ______ Disadvantaged Business Enterprise (DBE), a firm that is at least 51% managed and controlled by a disadvantaged, certified by a certifying agency within Illinois. ______ Evanston Based Enterprise (EBE), a firm located in Evanston for a minimum of one year and which performs a “commercially useful function”. Total proposed price of response $_____________________ Amount to be performed by a M/W/D/EBE $_____________________ Percentage of work to be performed by a M/W/D/EBE _____________________% Information on the M/W/D/EBE Utilized: Name __________________________________________________________ Address ____________________________________________________ Phone Number Signature of firm attesting to participation ____________________________ Title and Date ____________________________________________________ Type of work to be performed ________________________________________ Please attach: 1.Proper certification documentation if applying as a M/W/DBE and check the appropriate box below. This M/W/DBE will be applying with documentation from: Cook County State Certification Federal Certification Women’s Business Enterprise National Council City of Chicago Chicago Minority Supplier Development Council 2.Attach business license if applying as an EBE Morreale Communications 150,000 20 Morreale Communications 6703 N Northwest Highway Suite 2A Chicago IL 60631 3123006870 Berenice Alvarez Digitally signed by Berenice Alvarez Date: 2023.05.15 16:05:52 -05'00' Vice President 5/15/2023 Public Involvement and Communications Services $750,000Page 86 of 94A6.Page 144 of 408 Page 87 of 94A6.Page 145 of 408 41 Revised 03-23 (09-17) EXHIBIT G M/W/D/EBE PARTICIPATION COMPLIANCE FORM I do hereby certify that _________________________________________________ (Name of firm) intends to participate as a Subcontractor or General Contractor on the project referenced above. This firm is a (check only one): ______ Minority Business Enterprise (MBE), a firm that is at least 51% managed and controlled by a minority, certified by a certifying agency within Illinois. ______ Women’s Business Enterprise (WBE), a firm that is at least 51% managed and controlled by a woman, certified by a certifying agency within Illinois. ______ Disadvantaged Business Enterprise (DBE), a firm that is at least 51% managed and controlled by a disadvantaged, certified by a certifying agency within Illinois. ______ Evanston Based Enterprise (EBE), a firm located in Evanston for a minimum of one year and which performs a “commercially useful function”. Total proposed price of response $_____________________ Amount to be performed by a M/W/D/EBE $_____________________ Percentage of work to be performed by a M/W/D/EBE _____________________% Information on the M/W/D/EBE Utilized: Name __________________________________________________________ Address ____________________________________________________ Phone Number Signature of firm attesting to participation ____________________________ Title and Date ____________________________________________________ Type of work to be performed ________________________________________ Please attach: 1.Proper certification documentation if applying as a M/W/DBE and check the appropriate box below. This M/W/DBE will be applying with documentation from: Cook County State Certification Federal Certification Women’s Business Enterprise National Council City of Chicago Chicago Minority Supplier Development Council 2.Attach business license if applying as an EBE Multilingual Connections Multilingual Connections LLC 805 Greenwood St,Evanston,IL 60201 (877)292-5264 Carlos Hevia Digitally signed by Carlos Hevia Date: 2023.05.11 13:15:25 -05'00' Director of Business Development Translations and other language services hereby grantstoMultilingual Connectionswho has successfully met WBENC's standards as a Women's Business Enterprise (WBE). This certification affirms the business is woman-owned, operated and controlled and is valid through the date herein.Certification Granted: November 1, 2009Expiration Date: November 1, 2023WBENC National Certification Number: 2005114192WBENC National WBE Certification was processed and validated by Women's BusinessDevelopment Center - Midwest, a WBENC Regional Partner Organization.Authorized by Emilia DiMenco, President &CEO Women's Business Development Center -MidwestNNaattiioonnaall WWoommeenn''ss BBuussiinneessss EEnntteerrpprriissee CCeerrttiiffiiccaattiioonnNAICS: 561410, 541930 UNSPSC: 82110000, 82111804, 9012170237,500 $750,000 5Page 88 of 94A6.Page 146 of 408 42 Revised 03-23 (09-17) EXHIBIT G M/W/D/EBE UTILIZATION SUMMARY REPORT The following Schedule accurately reflects the value of each MBE/WBE/DBE/EBE sub- agreement, the amounts of money paid to each to date, and this Pay Request. The total proposed price of response submitted is _____________________. MBE/WBE/DBE/EBE FIRM NAME FIRM TYPE (MBE/WBE /DBE/EBE) SERVICES PERFORMED AMOUNT OF SUB- CONTRACT PERCENT OF TOTAL CONTRACT AMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ TOTAL $ HDR Architecture, Inc. Morreale Communications Multilingual Connections WBE/EBE Translation Services 37,500 WBE Community Engagement Services 150,000 20% 5% 25%187,500 Our partner ViewPro is a certified DBE in the State of Texas and Portland and has begun the process to get certified in Chicago so we are confident that we will exceed the City’s 25% M/W/D/EBE utilization goal if we are honored to work with you on this project.Page 89 of 94A6.Page 147 of 408 43 Revised 03-23 (09-17) EXHIBIT H M/W/D/EBE PARTICIPATION WAIVER REQUEST I am ___ of _____, and I have authority to (Title) (Name of Firm) execute this certification on behalf of the firm. I ___________ do (Name) hereby certify that this firm seeks to waive all or part of this M/W/D/EBE participation goal for the following reason(s): (CHECK ALL THAT APPLY. SPECIFIC SUPPORTING DOCUMENTATION MUST BE ATTACHED.) ______ 1. No M/W/D/EBEs responded to our invitation to bid. ______ 2. An insufficient number of firms responded to our invitation to bid. For #1 & 2, please provide a narrative describing the outreach efforts from your firm and proof of contacting at least 15 qualified M/W/D/EBEs prior to the bid opening. Also, please attach the accompanying form with notes regarding contacting the Assist Agencies. ______ 3. No sub-contracting opportunities exist. Please provide a written explanation of why sub-contracting is not feasible. ______ 4. M/W/D/EBE participation is impracticable. Please provide a written explanation of why M/W/D/EBE participation is impracticable. Therefore, we request to waive _____of the 25% utilization goal for a revised goal of _____%. Signature: Date: (Signature) *HDR has met the M/W/D/EBE 25% utilization goal, and plans to exceed it, therefore we will not be be seeking a waiver. 44 Revised 03-23 (09-17) EXHIBIT I M/W/D/EBE Assistance Organizations (“Assist Agencies”) Form AGENCY DATE CONTACTED CONTACT PERSON RESULT OF CONVERSATION Association of Asian Construction Enterprises (AACE) 5500 Touhy Ave., Unit K Skokie, IL. 60077 Phone: 847-525-9693 Perry Nakachii, President Black Contractors United (BCU) 400 W. 76th Street Chicago, IL 60620 Phone: 773-483-4000; Fax: 773-483-4150 Email: bcunewera@ameritech.net Chicago Minority Business Development Council 105 West Adams Street Chicago, Illinois 60603 Phone: 312-755-8880; Fax: 312-755-8890 Email: info@chicagomsdc.org Shelia Hill, President Evanston Minority Business Consortium, Inc. P.O. Box 5683 Evanston, Illinois 60204 Phone: 847-492-0177 Email: embcinc@aol.com Federation of Women Contractors 5650 S. Archer Avenue Chicago, Illinois 60638 Phone: 312-360-1122; Fax: 312-360-0239 Email: FWCChicago@aol.com Contact Person: Beth Doria Maureen Jung, President Hispanic American Construction Industry (HACIA) 901 W. Jackson, Suite 205 Chicago, IL 60607 Phone: 312-666-5910; Fax: 312-666-5692 Email: info@haciaworks.org Women’s Business Development Ctr. 8 S. Michigan Ave, Suite 400 Chicago, Illinois 60603 Phone: 312-853-3477 X220; Fax: 312-853-0145 Email: wbdc@wbdc.org Carol Dougal, Director PLEASE NOTE:Use of M/W/D/EBE Assistance Organizations (“Assist Agencies”) Form and agencies are for use as a resource only. The agencies and or vendors listed are not referrals or recommendations by the City of Evanston. *HDR has partnered with appropriate subcontractors to fulfill the M/W/D/EBE utilization goal.Page 90 of 94A6.Page 148 of 408 46 Revised 03-23 (09-17) EXHIBIT J Consultant Certification and Verification I certify in accordance with the Professional Services Agreement, the agents, employees and subcontractors of [CONSULTANT FIRM] are in compliance and will comply with City work rules and policies applicable to City employees while they are on City property, including the City’s Workplace Harassment Policy; COVID-19 Vaccination Policy; and Sexual Harassment Policy. I further certify that the agents, employees and subcontractors of [CONSULTANT FIRM] are in compliance with OSHA emergency temporary standard to protect workers from coronavirus. CONSULTANT: By ________________________ Its: ________________________ FEIN Number: _______________ Date: _______________________ Grace K. Rappe Associated Vice President, HDR Architecture, Inc. 47-0353452 05/12/2023 45 Revised 03-23 (09-17) Exhibit J Professional Services Agreement Acknowledgement Page The City has attached its standard professional services agreement as an exhibit to this RFP. Identify all exceptions to the agreement that would prevent your firm from executing it. The City shall not consider or negotiate regarding exceptions submitted at any time after the submission of the Proposer’s response.Please check one of the following statements: ____I have read the professional services agreement and plan on executing the agreement without any exceptions. My firm cannot execute the City’s standard professional service agreement unless the exceptions noted below or in the attached sample professional services agreement are made. ***Please be aware that submitting exceptions to the contract may impact the likelihood of your firm being selected to perform this work. List exceptions in the area below: _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________ Authorized Signature: Company Name: Typed/Printed Name and Title:Date:Grace K. Rappe, Associate Vice President HDR Architecture, Inc. 05/12/2023 See Section E: Contract, for HDR’s Exceptions.Page 91 of 94A6.Page 149 of 408 59 Revised 03-23 (09-17) EXHIBIT K PROPOSAL BOND SUBMITTAL LABEL (If Applicable) SUBMITTAL NUMBER: _____________________________________________ SUBMITTAL NAME: _____________________________________________ _____________________________________________ SUBMITTAL DUE DATE/TIME: ______________________________________________ COMPANY NAME: __________________________________________________ COMPANY ADDRESS: __________________________________________________ COMPANY TELEPHONE #: ________________________________________________ -------------------------------------------------------------------------------------------------------------------------- 23-32 City of Evanston Comprehensive Plan & Zoning Code May 16, 2023/ 2:00 PM, CST HDR Architecture, Inc. 30 W. Monroe Street, Suite 700, Chicago, IL 60603 312.470.9501Page 92 of 94A6.Page 150 of 408 Page 93 of 94A6.Page 151 of 408 hdrinc.com 30 W. Monroe Street, Suite 700, Chicago, IL T: 312.470.9501 We practice increased use of sustainable materials and reduction of material use. © 2023 HDR, all rights reserved.Page 94 of 94A6.Page 152 of 408 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: Luke Stowe, City Manager CC: Paul Zalmezak, Economic Development Manager Subject: Approval to Participate in the “Putting Assets to Work” Incubator Date: July 10, 2023 Recommended Action: Staff recommends City Council approval to accept an invitation to participate in the nonpartisan “Putting Assets to Work Incubator.” The City will need to provide a total of $125,000 matching requirements. At the end of the program, the City will receive an asset map that catalogs all public real estate assets and a strategy to utilize our public facilities better, help meet CARP goals, and provide guidance on the potential for converting or retrofitting, or sharing space for housing development. Funding Source: Funding will be from the City Manager’s Office, Service/Agreements/Contracts (100.15.1505.62509) which has a FY23 budget of $210,000 and a remaining balance of $82,842. The remaining cost will be provided by the City Manager’s Office Regular Pay account (100.15.1505.61010), which is projected to be significantly under budget. The account has an FY23 approved budget of $1,019,625, of which only 37% is spent, and has a remaining balance of $637,464. CARP: Municipal Operations, Building Efficiency Council Action: For Action Summary: Although the City of Evanston is sometimes considered a small city at just under eight square miles, our City assets are substantial, with over 300 parcels/PINS. The City's Facilities and Fleet Management Division maintains approximately 60 buildings/structures, the Parking Division maintains four public parking garages and over 35 surface lots, and the Parks and A7.Page 153 of 408 Recreation Department has over 300 acres of land on 97 sites, which include 76 parks, 50 playgrounds, six public beaches and the grounds of eight public buildings. Staff from all city departments work together to make the most of these City assets but are unable to find additional revenue sources (outside of typical usage fees) or confirm that the asset is being put toward the best use for the residents and visitors. Staff focuses on managing programs that occur in the facilities and maintaining the facilities for the purpose they were built. Limited staff resources are allocated to imagining the future of the properties or potential beyond the facility's original intent. Tax revenues for ongoing maintenance and reimagining assets continue to diminish. "Putting Assets to Work Incubator" is under the leadership of former Congressman and Mayor Ben McAdams, the Government Finance Officers Associati on (GFOA), and in collaboration with the Sorenson Impact Center at the Eccles School of Business at the University of Utah. City Manager Stowe received an invitation for the City to participate in the upcoming cohort. If the City accepts the invitation, the City will receive an asset map that catalogs all public real estate assets, which can be used to generate public revenues for community investment. In addition, the City will receive technical assistance, a deeper understanding of "Putting Assets to Work" in our jurisdiction, and a roadmap for implementation. Staff is confident that the program will help the City achieve numerous city goals, including Climate Action and Resilience Plan and Affordable Housing. If the City received additional revenue while right-sizing its assets, it could be put toward reaching those goals. For example, the City needs to build out electrification infrastructure, increase solar opportunities, and other programs to continue moving toward carbon neutrality. The Evanston Municipal Operations Zero Emissions Strategy, approved by the City Council in early 2022, provides a roadmap for deep decarbonization through right-sizing, energy efficiency upgrades, building solar expanding and streetlights, efficient installing installations, electrification, electrifying the municipal vehicle fleet. Participating in the incubator will provide much -needed data regarding the City's plans to expand electric vehicle charging options to the public and ensure that City infrastructure is efficiently utilized. The City has also committed to helping solve housing affordability. Evanston is a desirable community. with out, built is community Furthermore, reflect Housing prices the that. opportunities for new development only achievable by acquiring economically functioning properties for redevelopment at higher density - often to the dismay of community members who prefer a lower-density aesthetic. The Incubator participation will guide the potential for converting, retrofitting, or sharing space for housing development. The incubator requires $125,000 in matching funds from the selected jurisdiction. Asset mapping and feasibility analysis costs significantly exceed this match requirement, reflecting generous support from other philanthropic partners to help subsidize participation. The program will take approximately six months to complete in two concurrent phases. Page 2 of 21 A7.Page 154 of 408 Evanston staff's time commitment will be approximately 5 hours a week, with one staff member being the main point person. Phase I will require support from all department di rectors and government officials and outreach with the assessor's and clerk's offices for records. Once the documents have been reviewed, they will project the potential value of all land and develop scenarios for priority sites. The net municipal revenue impact potential will be reviewed, and a presentation will be made to City Council and staff for opportunities for the public assets. Phase II will determine additional revenue and budgetary goal(s), including infrastructure investment, and high-impact social and environmental benefits from Putting Assets to Work could be directed. Additionally, this phase will include potential stakeholder engagement and evaluation of any ordinances or legal/ethical requirements. It will conclude with a feasibility report to identify how the City can put its "assets to work." Legislative History: The City Council approved participation in the Putting Assets to Work Incubator on May 23, 2022. The City was not selected as one of the final cohort participants in 2022. The financial commitment in 2022 was $85,000 due to available grant funding. The cost is now $125,000 for the City of Evanston to participate. Attachments: Putting Assets to Work Proposal Putting Assets to Work Description Page 3 of 21 A7.Page 155 of 408 1 Putting Assets to Work Incubator Participation Memorandum of Agreement This PUTTING ASSETS TO WORK INCUBATOR PARTICIPATION MEMORANDUM OF AGREEMENT (“Agreement”) is entered into as of ___________, 2023 (“Effective Date”) by and between [INSERT NAME OF GOVERNMENT], a municipal corporation with its principal place of business at [INSERT ADDRESS] (“Government”), and the Government Finance Officers Association of the United States and Canada, an Illinois not-for-profit corporation, having its offices at 203 North LaSalle Street, Suite 2700, Chicago, Illinois 60601 (“GFOA”). Government and GFOA are collectively referred to herein as the “parties” and each individually as a “party”. Recitals WHEREAS, GFOA is hosting selected governmental entities as participants in a Putting Assets to Work Incubator aimed at leveraging a jurisdiction’s existing public assets in an innovative way to fund key local initiatives within the jurisdiction (“PAW Incubator”), WHEREAS, Government submitted a Putting Assets to Work Incubator Application in May 2022 to GFOA seeking to be selected as a participant in the PAW Incubator and such application is set forth on Exhibit A attached hereto and included herein by reference, WHEREAS, GFOA selected Government as a PAW Incubator participant for the 2023 cohort, and GFOA will provide advisory services as part of the PAW Incubator to Government. WHEREAS, this Agreement defines the parameters for participation in the Paw Incubator, based on the terms and conditions set forth herein. Agreement NOW, THEREFORE, in consideration of the premises, the mutual agreements herein set forth below, and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the parties agree as follows: 1. Incorporation of Recitals. The Recitals set forth above are incorporated in this Agreement by reference and made a part hereof. 2. Roles and Responsibilities. a. Role of GFOA. GFOA shall, in accordance with the terms of this Agreement, perform the services and provide the Work Products (as defined below) described in, and shall invoice Government for services rendered according to the schedule outlined in, any “Statement of Work” (also referred to herein as an “SOW”) executed by the parties in writing from time to time that references and incorporates the terms of this Agreement (all services that GFOA performs, or is obligated to perform, under this Agreement and any SOW are collectively referred to as the “Services”). All SOWs shall be incorporated in this Agreement immediately upon execution by both parties and shall be deemed as accepted under the terms of this Agreement as of the Effective Date. The initial SOW between the parties is attached hereto as Exhibit A and incorporated herein by reference. b. Government may, from time to time, request in writing changes to a SOW. Upon Government’s written request to modify the SOW, GFOA will submit a written proposal stating whether it believes it can make the changes and, if so, the estimated cost and schedule for delivery. If Government authorizes such written proposal, the parties shall reasonably describe the change and outline the modified terms to the applicable SOW in a written change order signed by an authorized representative of each of the parties (a Page 4 of 21 A7.Page 156 of 408 2 “Change Order”). Any Change Order shall be incorporated by reference and attached as an appendix to the applicable SOW or as a separate SOW. c. Role of Government. Government shall, in accordance with the terms of this Agreement and in collaboration with GFOA: i. Government agrees to give GFOA and its employees and contractors access to Government staff and Government information and data and other materials as required for GFOA to perform its PAW Incubator responsibilities. ii. Government acknowledges and agrees that it is responsible for all decisions it makes based on the information and recommendations provided by GFOA and acknowledges that (i) GFOA’s role is solely to provide information, analysis and advisory services, and (ii) any decision made by Government with respect to GFOA’s PAW Incubator recommendations is solely that of the Government and Government bears all responsibility for such decisions. d. Contacts. i. GFOA shall assign an engagement manager (“GFOA Engagement Manager”) to serve as Government’s primary contact with respect to the PAW Incubator. The GFOA Engagement Manager will be responsible for overseeing the PAW Incubator and addressing any issues or concerns raised by Government with respect to this Agreement. GFOA’s initial GFOA Engagement Manager is Shayne Kavanagh, GFOA Senior Manager, Research, Research and Consulting, and such individuals as subsequently designated. ii. Government shall appoint an appropriate employee with authority to make decisions with respect to this Agreement and the PAW Incubator to serve as GFOA’s primary point of contact with respect to this Agreement (“Contract Administrator”). Government’s initial Contract Administration is [INSERT NAME & TITLE]. e. Standard of Work. Each of GFOA and Government shall verify that each of its employees or contractors assigned to participate in the PAW Incubator is competent and qualified to perform assigned responsibilities. GFOA shall use commercially reasonable efforts to formulate opinions and create information upon which the Government may reasonably rely. The substance of such opinions and information, however, is not guaranteed by GFOA to be free from omission or errors except insofar as such errors or omissions occur as a result of gross negligence or willful misconduct by GFOA. 3. Ownership of and Licenses to PAW Incubator Materials. a. Work Product. As used in this Agreement, “Work Product” means all deliverables developed, produced, or created by GFOA (including its employees and contractors) for Government as part of the PAW Incubator including, without limitation, all reports, presentations and related materials. GFOA retains all rights of ownership, including copyright, in and to the Work Product. GFOA grants Government a perpetual, irrevocable, nontransferable and non-assignable license to the Work Product. Government acknowledges that GFOA conducts ongoing educational, research and consulting services for other governments and clients and has accumulated and will continue to accumulate expertise in its field. The PAW Incubator is being conducted in a research environment. Accordingly, Government acknowledges and agrees that GFOA may share Work Product and other non-confidential information, lessons learned, and best Page 5 of 21 A7.Page 157 of 408 3 practices with other governments and clients as it sees fit in its sole and absolute discretion; provided, however, GFOA shall not publish or otherwise disclose, in any manner, any portion of the Work Product constituting or including Government’s Confidential Information (as defined below) without the written consent of the Government. b. Government Materials. As between the parties, Government shall own all right, title, and interest in and to all content, information, data, information, ideas, concepts, visions or other materials supplied by or on behalf of Government to GFOA in connection with this Agreement (collectively, “Government Materials”). GFOA shall acquire no right, title, or interest hereunder to the Government Materials, except that Government grants GFOA a limited license to use the Government Materials as necessary and appropriate for the performance of GFOA’s roles and responsibilities hereunder and to include Government Materials in the Work Product. c. GFOA Materials. GFOA shall own all right, title, and interest in and to all methodologies, ideas, concepts, processes, techniques, tools, solutions, trade secrets, research data, databases of information and specialized database applications, software applications, computer programming and/or coding, and other materials, information and know-how developed by GFOA or any of its contractors or affiliates prior to the execution of this Agreement, during the Term of this Agreement, and independent of this Agreement (collectively, “GFOA Materials”). Government shall not have or obtain any right or title to or interest in GFOA Materials (or in any modifications or enhancements thereto) except as explicitly set forth in this Agreement. GFOA makes no express or implied warranties of any kind regarding the GFOA Materials. 4. Confidential Information. a. For purposes of this Agreement, “Confidential Information” shall mean all information marked as confidential, and all trade secrets, processes, works of authorship, inventions, discoveries, developments, systems, formulae, methods, ideas, know-how, functional and technical specifications, designs, passwords, analysis, research, business plans, pricing strategies, data and other documentation created pursuant to this Agreement, and all other information which, if disclosed to a third party, could adversely affect the relevant party or its business interests. Confidential Information shall not include: (i) information known to the receiving party prior to entering into this Agreement; (ii) information independently developed by the receiving party without use of or reference to the other party’s Confidential Information; and (iii) information in the public domain through no wrongful act or breach of this Agreement. b. With respect to Confidential Information, Government and GFOA agree: i. To protect and safeguard the confidentiality of the other party’s Confidential Information with at least the same degree of care as it would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; ii. Not to use the other’s Confidential Information, or permit it to be accessed or used, for any purpose other than in connection with the performance of responsibilities hereunder; Page 6 of 21 A7.Page 158 of 408 4 iii. Not to disclose any such Confidential Information to any person or entity, except to their respective employees, officers, directors, partners, consultants, agents or advisors (collectively, “Representatives”) who: 1. need to know the Confidential Information in order to assist the disclosing party, as applicable, or act on its behalf, in relation to provision of the performance of responsibilities or to exercise its rights under this Agreement; 2. are informed by the disclosing party of the confidential nature of the Confidential Information; and 3. are subject to confidentiality duties or obligations to the disclosing party that are no less restrictive than the terms and conditions of this Agreement. c. The parties agree to use all commercially reasonable best efforts to protect unauthorized use or distribution of Confidential Information. Both parties agree that any unauthorized use or disclosure of the other party’s Confidential Information in a manner inconsistent with the terms of this Agreement may cause the relevant party irreparable damage for which remedies other than injunctive relief may be inadequate. The obligations outlined in this paragraph shall apply to all authorized employees, contractors and agents of each party who have access to or are in a position to obtain Confidential Information. The parties agree to return or destroy all Confidential Information that it obtained from the other party upon expiration or termination of this Agreement without retaining copies thereof. 5. Term. The term of this Agreement shall begin on the Effective Date and continue until such time as the PAW Incubator is completed by GFOA in accordance with the terms of this Agreement unless terminated earlier by either party as provided herein (“Term”). 6. Termination. a. Termination Upon Breach. Either party may terminate this Agreement by providing thirty (30) days written notice to the other party in the event: (i) the other party is in breach of any of its obligations under this Agreement and fails to remedy such breach within ten (10) days following written notice from the other party, (ii) the other party ceases to do business (in whole or in part), becomes or is declared insolvent or bankrupt or is the subject of any proceedings relating to its insolvency or liquidation, or (iii) in the event the other party is subject to a merger in which it is not the surviving or controlling party. b. Termination for Convenience. Either party may terminate this Agreement or any SOW hereunder at any time, with or without cause, upon thirty (30) calendar days advance written notice to the other party. Notwithstanding anything to the contrary in this Agreement or any SOW, in the event of any termination under this Section 7.b, Government will only be liable to make any payments which are due hereunder (or any applicable SOW) to GFOA up to the effective date of such termination. c. Termination of SOW. Termination of any SOW shall not serve to terminate any other SOW or this Agreement unless expressly stated in the notice of termination. Unless specifically provided in the termination notice, termination of this Agreement shall also not terminate any SOW and, with respect to any particular SOW, the terms and conditions of this Agreement shall remain in full force and effect until the expiration or termination of such SOW. d. Effect of Termination. Upon termination of this Agreement for any reason GFOA shall promptly (i) terminate performance of its responsibilities hereunder; (ii) deliver to Government all Work Product completed at the time of termination provided Government Page 7 of 21 A7.Page 159 of 408 5 has paid all sums due and owing GFOA in connection with this Agreement; and (iii) return all Government Materials and Confidential Information provided by Government to GFOA during the provision of the Services. e. Upon termination of this Agreement for any reason, Government shall (i) pay GFOA all Services rendered and fees charged up to and including the effective date of such termination on a time and materials basis using the rates set forth in Exhibit A; and (ii) reimburse GFOA for all expenses incurred by GFOA in accordance with the terms of this Agreement (including, with respect to GFOA’s expenses in accordance with the provisions of Section 11) up to and including the effective date of such termination. Final payment of all sums due to GFOA shall be due within fifteen (15) calendar days following the effective date of the termination of this Agreement or any SOW entered into hereunder. f. Government shall not be entitled to a refund of any payments made prior to the effective date of termination. g. Any provision of this Agreement which, by its nature, would survive termination or expiration of this Agreement will survive any such termination or expiration, including the provisions of Sections 3, 5.c, 7.d, 8, 9, 11, 13, and 14.a -c, e-g and j. 7. Representations and Warranties; Indemnity. a. Authority. GFOA represents and warrants that: (i) it is properly incorporated and in good standing in its state of incorporation; (ii) has the authority necessary to enter into and carry out the obligations set forth in this Agreement; and (iii) has the authority to grant the licenses and rights it purports to grant to Government in this Agreement. b. Services. GFOA represents and warrants that it will provide the Services in compliance with all applicable laws, rules, regulations, and ordinances, and in accordance with this Agreement and the applicable SOW, generally accepted industry standards, and all applicable policies of Government regarding confidentiality, security, and conduct on Government’s premises. c. Non-Infringement. GFOA represents and warrants that the Work Products and the Services, other than any third party property authorized by Government to be incorporated therein, will not infringe upon or violate any patent, copyright, trade secret, trademark or other proprietary right of any third party (or that GFOA has obtained from any such third parties the rights to use and to permit Government to own the Work Products). d. Mutual Indemnification. Subject to the limitation on liability and Liability Cap set forth below, each party (the “Indemnifying Party”) shall indemnify, defend and hold harmless the other party (the “Indemnified Party”) and its respective officers, directors, employees and agents against any and all actions, controversies, demands, suits, proceedings, claims, causes of action, liabilities, losses, costs, interest, penalties, demands, expenses and damages of any kind whatsoever (including reasonable attorneys' fees and costs incurred in connection with the arbitration or resolution of any dispute as set forth herein) (collectively, “Losses”) related to or arising, directly or indirectly, from any claims of third parties against an Indemnified Party arising out of the gross negligence or willful misconduct of the Indemnifying Party or any of its employees and/or agents. 8. Location and Facilities. GFOA may perform its responsibilities at GFOA’s offices or Government’s offices or designated sites as reasonably deemed appropriate by GFOA. In the event GFOA requires access to Government’s network and servers from a remote location, Government shall provide such access rights as are necessary for GFOA to effectively perform its Page 8 of 21 A7.Page 160 of 408 6 responsibilities, including remote access, utilizing VPN or another mutually agreed upon remote access technology. 9. Payment Terms. a. Invoices. GFOA shall provide Government as defined in the SOW. Government shall pay invoices received from GFOA within thirty (30) calendar days of Government’s receipt of the invoice (“Payment Date”). b. Past Due Amounts. Undisputed past due balances in excess of forty-five (45) days, shall accrue interest at the rate of three-quarters of a percent 1.5% per month, or the highest rate permitted by law. GFOA reserves the right to delay or suspend performance of its responsibilities to Government in the event Government has a past due balance with GFOA. c. Taxes. Prices quoted for license fees and other fees are exclusive of all applicable federal, state, municipal or other political subdivision excise, sales, use, or like taxes now in force or enacted in the future. Payment of any such taxes, except for any taxes based on GFOA’s income, are the sole responsibility of Government unless Government provides GFOA with a valid tax-exempt certificate therefor. d. Staffing and Rates. Consultants shall perform Services in accordance with the terms of this Agreement and the SOW. Government will pay GFOA on a project basis, unless otherwise set forth in the SOW. In the event Government pays for Services on an hourly basis, GFOA’s staff/contractor time will be billed at the mutually acceptable rates set forth in the applicable SOW. e. Expenses. i. Travel expenses. Unless stated otherwise in the SOW, GFOA pricing does not include travel costs. Government is responsible for reimbursing GFOA for any pre- approved travel costs per the GFOA travel policy, or as mutually agreed between GFOA and the Government. 10. Provision of Services to Third Parties. Government agrees GFOA may engage or collaborate with third parties to perform its responsibilities under this Agreement. 11. Limitation on Liability and Damages. a. Consequential Damages. In no event shall either party or its officers, directors, employees, agents, consultants or suppliers be liable under this Agreement to the other party or any other third party for any indirect, special, incidental, punitive or consequential damages (such as damages for loss of good will, work stoppage, lost or corrupted data, computer failure or malfunction, lost profits, lost business or lost opportunity), or any other similar damages. b. Force Majeure. In no event shall either party or its officers, directors, employees, agents, consultants or suppliers be liable under this Agreement for damages resulting from a delay in performance or any failure to perform hereunder caused in whole or in part by reason of force majeure, which with respect to GFOA shall be deemed to include the occurrence of any event beyond the control of GFOA that renders performance impossible, illegal or impracticable, and, with respect to either party, war (whether an actual declaration thereof is made or not), sabotage, terrorism, insurrection, riot and other acts of civil disobedience, action of a public enemy, failure or delays in transportation, pandemic, communicable disease, laws, regulations or acts of any national, state or local government (or any Page 9 of 21 A7.Page 161 of 408 7 agency, subdivision or instrumentality thereof), judicial action, labor dispute, accident, fire, explosion, flood, storm or other act of God, shortage of labor, fuel, raw materials, machinery or technical failures. c. Limitation of Liability. In no event shall GFOA’s liability for any matter arising under or in connection with this Agreement exceed the actual amount paid by GFOA’s insurer as a result of any claim made with respect to such matter under the insurance policies maintained by GFOA in accordance with Section 13.d of this Agreement (the “Liability Cap”). Government acknowledges that the Liability Cap is a material term upon which GFOA has relied in entering into this Agreement and that GFOA would not have entered into this Agreement in the absence of such provision. 12. Miscellaneous. a. Governing Law. This Agreement shall be interpreted, construed and governed by the laws of the State of Illinois, without regard to its conflict of law rules. b. Dispute Resolution. i. The parties shall attempt to resolve any claim or disputes arising in connection with this Agreement or the Services provided hereunder by escalating the dispute to a senior representative of each party, and such senior representative shall use good faith efforts to resolve the dispute. The parties shall make good-faith efforts to resolve any and all disputes as quickly as possible. If the senior representatives are unable to resolve the dispute, the dispute shall be decided by arbitration as set forth below. ii. Any claim or dispute of any nature between the parties hereto arising directly or indirectly from the relationship created by this Agreement shall be resolved exclusively by arbitration in Chicago, Illinois in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted by either: (i) a single arbitrator mutually agreed upon by the parties; or (ii) if the parties fail to agree upon an arbitrator within thirty (30) days after submission of the claim to arbitration, then a single arbitrator appointed by the American Arbitration Association. Any such arbitrator shall have reasonable experience in the area of services agreements and issues. The fees of the arbitrator shall be paid by the party that is unsuccessful in such arbitration. Each party shall be responsible for its own costs incurred in connection with such arbitration. The decision of the arbitrator shall be final and binding upon both parties. Judgment of the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In the event of submission of any dispute to arbitration, each party shall, not later than thirty (30) days prior to the date set for hearing, provide to the other party and to the arbitrator a copy of all exhibits upon which the party intends to rely at the hearing and a list of all persons each party intends to call at the hearing. c. Independent Contractors. The parties are and shall be independent contractors to one another, and nothing herein shall be deemed to cause this Agreement to create an agency, partnership, or joint venture between the parties. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee. d. Insurance. GFOA agrees that it will maintain in effect during the Term of this Agreement insurance policies in the amount and with the type of coverage shown below: Page 10 of 21 A7.Page 162 of 408 8 1. Workers Compensation insurance in the form and amount required by applicable law(s). 2. Commercial General Liability insurance on an “Occurrence Basis” with limits of liability not less than $500,000 per occurrence and/or combined single-limit bodily injury and property damage. 3. Motor Vehicle Liability, including No-Fault coverage, with limits of liability not less than $500,000 per occurrence and/or aggregate combined single limit, personal injury, bodily injury and property damage. Coverage shall include all non-owned vehicles, and all hired vehicles. 4. Professional Liability, with limits of liability of $1,000,000 per claim and policy aggregate. e. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but if any provision of this Agreement is held to be invalid, illegal or unenforceable under any applicable law or rule, the validity and enforceability of the other provisions of this Agreement will not be affected or impaired thereby. f. Modification, Amendment, Waiver or Termination. No provision of this Agreement may be modified, amended, waived or terminated except by an instrument in writing signed by both parties to this Agreement. No course of dealing between the parties will modify, amend, waive or terminate any provision of this Agreement or any rights or obligations of any party under or by reason of this Agreement. g. Assignment. Neither party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other party. h. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. i. Invoices. GFOA sends invoices electronically via email. Invoices shall be sent to: Contact Name: NAME Email: EMAIL Specific References to Include on Invoice: PO NUMBER? j. Notices. All notices, consents, requests, instructions, approvals, or other communications provided for herein shall be in writing and delivered by personal delivery, overnight courier, mail, fax or e-mail addressed to the receiving party at the address set forth herein. All such communications shall be effective when received. If to GFOA: Government Finance Officers Association Attn: Mike Mucha, Deputy Executive Director 203 N. LaSalle Street, Suite 2700 Chicago, IL 60601 Email: mmucha@gfoa.org If to Government: Page 11 of 21 A7.Page 163 of 408 9 XXX XXX Any party may change the address set forth above by notice to each other party given as provided herein. k. Entire Agreement. This Agreement, including all Exhibits attached hereto and including Government’s Putting Assets to Work Incubator Application, constitute the entire agreement of the parties hereto and supersedes all prior understandings, representations, proposals, discussions and communications, whether oral or written, with respect to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. [INSERT NAME OF GOVERNMENT] By: Authorized Representative Name: Date: Title: Government Finance Officers Association of the United States and Canada By: Authorized Representative Name: Mike Mucha Date: Title: Deputy Executive Director Page 12 of 21 A7.Page 164 of 408 10 EXHIBIT A FORM OF STATEMENT OF WORK This SOW on the following page(s) incorporates all of the terms and conditions set forth in the Agreement and the Agreement governs the relationship between Government and GFOA for participation in the PAW Incubator. All terms not otherwise defined in this SOW shall have the meaning set forth in the Agreement. In the event of a discrepancy between this SOW and the Agreement, the terms of the Agreement shall control. Page 13 of 21 A7.Page 165 of 408 11 SOW 1: Participation in PAW Incubator By participating in this Incubator, the Government will receive: an asset map that catalogs all public real estate assets in the jurisdiction at the government’s fingertips for possible revenue generation, along with technical assistance that will equip each government to (1) maximize the use of public real estate assets to generate public revenues for community investment, (2) deeply understand the feasibility of Putting Assets to Work specifically in their own jurisdiction, and (3) receive a proposed governance structure, roadmap and tools for implementation. The Incubator consists of two concurrent endeavors lasting approximately 6 months. Asset Inventory and mapping. This endeavor will yield a public real estate asset map and valuation. These products represent a visual inventory of all publicly owned real estate assets in a jurisdiction and an analysis of their current-date valuation, highlighting along the way meaningful opportunities for development. Each map produced during this phase will: ● Require input from local government officials and staff (e.g., timely access to public records held by the county assessor office, participation from department directors and staff to give context to public real estate assets and opportunities, and occasional phone consultation from city attorneys). ● Provide a holistic understanding of all publicly owned land in the jurisdiction. ● Project the potential value of all land, viewed as a real estate portfolio. ● Visualize development scenarios for priority sites based on comparable existing development. ● Identify the net municipal revenue impact of potential development. ● Result in a highly visualized virtual presentation to elected officials and staff, as requested, of opportunities for the development of public assets, including their valuation. Feasibility assessment and implementation playbook. This endeavor will engage elected officials, senior policymakers, and staff to identify budgetary goals and other public benefit opportunities the jurisdiction is seeking and how a Putting Assets to Work initiative can support the jurisdiction’s objectives. Following this feasibility assessment, the Putting Assets to Work team will engage with elected officials and senior staff to develop an implementation playbook. This playbook will: ● Evaluate the governance and financial structure and develop recommendations for initiating this work in a way that aligns with jurisdiction-specific considerations and desires. ● Evaluate procurement considerations respective to the jurisdiction. ● Develop recommendations for a private partnership engagement structure that maximizes benefits for the public, including but not limited to ethical considerations that guide short and long- term public-private engagements to protect the public trust and maximize the public benefit. Payment Terms The fees for participating in this PAW Incubator program are $135,000. All pricing is exclusive of travel expenses, which will be invoiced as actual costs per GFOA’s travel policy if requested by the Government. GFOA will invoice the full amount for the participation fees upon the commencement of the PAW Incubator. Attachment A to SOW: Government Application See attached on following page. Page 14 of 21 A7.Page 166 of 408 12 Attachment A Application from the City of Evanston to participate in the Putting Assets to Work incubator Page 15 of 21 A7.Page 167 of 408 Putting Assets to Work Application for Governments Seeking to Unlock Value from Public Assets About the Putting Assets to Work Initiative The Government Finance Officers Association (GFOA),with support from Urban3 and the Common Ground Institute (CGI),is seeking applications to support up to five government entities seeking to unlock opportunities and revenue from publicly-owned real estate assets. See page 4 of this document for instructions to apply for the Putting Assets to Work initiative. This Putting Assets to Work Initiative will build on GFOA’s successful Putting Assets to Work Policy Incubator that brought together six jurisdictions to explore best practices,policy tools,and approaches to unlock new revenues and other public benefits from unused or underutilized government land. This concept,sometimes referred to as urban wealth funds or other similar terms,has been successfully used around the globe in places like Australia,Denmark,Germany,Hong Kong,Singapore,and Sweden and has significant potential to benefit communities in the U.S. Already,Putting Assets to Work leaders have identified underutilized government-owned real estate valued at billions of dollars working with jurisdictions that include Atlanta,Georgia;Annapolis and Anne Arundel County,Maryland; Chattanooga,Tennessee;Cleveland, Ohio;Harris County,Texas; Lancaster,California;and Salt Lake County,Utah.These jurisdictions are already beginning to realize new revenues and other community benefits,including affordable housing,clean energy,infrastructure, criminal justice innovations,and other high priorities. Putting Assets to Work Application |1 Page 16 of 21 A7.Page 168 of 408 Benefits of Par ticipating in the Putting Assets to Work Initiative By participating in this initiative,each jurisdiction will receive a significant return:a world-class asset map that catalogs public real estate assets in the jurisdiction for possible revenue generation,along with technical assistance and policy support to equip the participant in launching an initiative to (1)maximize the use of public real estate assets to generate public revenues for community investment,(2)deeply understand the feasibility of Putting Assets to Work specifically in their own jurisdiction,and (3)receive a proposed governance structure, roadmap and tools for implementation. The initiative consists of two concurrent endeavors lasting approximately 6 months. Asset inventory and mapping:This endeavor will yield a public real estate asset map and valuation.These products represent a visual inventory of all publicly owned real estate assets in a jurisdiction and an analysis of their current-date valuation,highlighting along the way meaningful opportunities for development.Each map produced during this phase will: ●Require input from local government officials and staff (e.g.,timely access to public records held by the county assessor office,participation from department directors and staff to give context to public real estate assets and opportunities,and occasional phone consultation from city attorneys). ●Provide a holistic understanding of all publicly owned land in the jurisdiction. ●Project the potential value of all land,viewed as a real estate portfolio. ●Visualize development scenarios for priority sites based on comparable existing development. ●Identify the net municipal revenue impact of potential development. ●Result in a highly visualized presentation to elected officials and staff of opportunities for development of public assets,including their valuation. Feasibility assessment and implementation playbook:This endeavor will engage elected officials,senior policymakers,and staff to identify budgetary goals and other public benefit opportunities the jurisdiction is seeking and how a Putting Assets to Work initiative can support the jurisdiction’s objectives.Following this feasibility assessment,the Putting Assets to Work team will engage with elected officials and senior staff to develop an implementation playbook.This playbook will: ●Evaluate the governance and financial structure and develop recommendations for initiating this work in a way that aligns with jurisdiction-specific considerations and desires. ●Evaluate procurement considerations respective to the jurisdiction. Putting Assets to Work Application |2 Page 17 of 21 A7.Page 169 of 408 ●Develop recommendations for a private partnership engagement structure that maximizes benefits for the public,including but not limited to ethical considerations that guide short and long-term public-private engagements to protect the public trust and maximize the public benefit. With these resources provided, participating local governments will be equipped to join other leading jurisdictions across the U.S.that are working to unlock the value of their public real estate assets using this groundbreaking approach.Already, jurisdictions who have worked with this Putting Assets to Work team are moving forward with projects that will generate significant revenue streams to fund identified priorities,including infrastructure investment,positive social or environmental benefits,or other needs –without raising taxes. Joining the Putting Assets to Work Initiative GFOA is seeking applications and intends to select five jurisdictions to join the Putting Assets to Work initiative.The purpose of this initiative is to work alongside innovative government leaders to support their efforts to launch a Putting Assets to Work initiative in their jurisdiction. Jurisdictions seeking to join the 2023 Putting Assets to Work cohort should submit an application containing the information below under Application Instructions.GFOA intends to select five jurisdictions to join the cohort on a discretionary basis. Jurisdictions participating in the 2023 cohort will be expected to contribute the amount below to support the asset mapping and policy development work specific to the jurisdiction.Funding may be sourced from public,nonprofit,and/or for-profit sources. ●$125,000 for jurisdictions with a population between 25,000-75,000 ●$135,000 for jurisdictions with a population between 75,000-250,000 ●$165,000 for jurisdictions with a population between 250,000-750,000 ●$190,000 for jurisdictions with a population greater than 750,000 For jurisdictions with a population of less than 50,000 and with a small number of public assets: ●$42,500 (this amount does not include creating a comprehensive asset map but does include policy development and advisory work,and conceptual modeling for one of the Putting Assets to Work Application |3 Page 18 of 21 A7.Page 170 of 408 jurisdiction’s key assets) Par ticipating as an Observer of the Putting Assets to Work Initiative Jurisdictions who want to follow this work and learn more about GFOA’s Putting Assets to Work initiative but are not ready to apply to join as a participant may request to be included in a cohort as an observer where they are invited to attend periodic virtual work sessions.In these work sessions,participant jurisdictions will present the successes and challenges of their work,hear from industry experts,and workshop on overcoming obstacles and other solutions among the various participating jurisdictions.The cost of participating as an observer is $500 per jurisdiction or individual. Webinar to Learn More Learn more about joining the Putting Assets to Work initiative and how other government leaders are using these concepts to generate new revenue and create new opportunities in their communities. Dates:May 8 and June 1,2023 (same content with two opportunities to participate) Time:12:00 pm to 1:00 pm EDT Click here to RSVP A confirmation email,including a webinar link,will be sent upon successful registration as the webinar dates near.A recording of the webinar will also be posted at https://www.gfoa.org/paw. Application Instructions ●Construct your application as a pdf file consisting of written responses,numbered according to the numbered “Application Elements”below.Any attachments should also be formatted as pdf files. ●Please respond to each “Application Element”as completely and specifically as possible. However,responses need not be exhaustive;we are interested in jurisdictions with a strong inclination for action to deliver results on the ground,and we understand that time to write long applications presents a burden to applicants. ●Applications will be evaluated on a rolling basis as they are submitted.Jurisdictions not selected for the 2023 Putting Assets to Work cohort may be considered for a future cohort. ●Questions about the Putting Assets to Work initiative,this application content,or application submission?Please email staff@cgileader.com. ●Submit your application by email to staff@cgileader.com.Applications will be evaluated in the order they are submitted. Application Elements 1.Point Person for this application Putting Assets to Work Application |4 Page 19 of 21 A7.Page 171 of 408 a.Name b.Title c.Public entity (agency/department/office) d.Email address e.Phone 2.Jurisdiction Profile a.Geographic size b.Total population c.Jurisdiction’s total annual budget amount d.Jurisdiction’s three largest revenue sources and amount in the most recent budget year e.An estimate of the assessed value of taxable property within the jurisdiction,if available. 3.Putting Assets to Work a.Why is your jurisdiction interested in exploring this concept? b.What is the best example of your jurisdiction’s commitment to exploring the feasibility of Putting Assets to Work?Have you taken any steps to implement a public asset management strategy? c.Describe the level of political support for Putting Assets to Work in your jurisdiction.Who has been involved in your jurisdiction’s conversations about this application?We encourage support letters or other attachments,especially from key elected officials and staff with the authority to implement recommendations developed through participation in the Putting Assets to Work initiative. d.What are the biggest risks you foresee in successfully Putting Assets to Work in your jurisdiction through your involvement in this initiative? e.What areas of support from the initiative are you most interested in receiving to set your jurisdiction up for success? f.Please identify an example of a public asset that may be underutilized in your jurisdiction or one possible use you might be interested in exploring. g.Please describe your priorities and anticipated uses of revenue generated from Putting Assets to Work. 4.Initiative support a.Point person for government participation in the Putting Assets to Work (who commits 1-2 hours a week on average),if different than the person submitting this application. i.Name ii.Title iii.Public entity (agency/department/office) iv.Email address Putting Assets to Work Application |5 Page 20 of 21 A7.Page 172 of 408 v.Phone Putting Assets to Work Application |6 Page 21 of 21 A7.Page 173 of 408 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: Cara Pratt, Sustainabilty and Resilence Coordinator CC: Michael Rivera, Interim Director of Administrative Services Subject: Approval of Expression of Interest by Shell Equilon Enterprises LLC to Install Electric Vehicle Charging Stations in Public Parking Facilities Date: July 10, 2023 Recommended Action: Staff recommends the City Council authorize the City Manager to execute an Expression of Interest with Shell Equilon Enterprises LLC to Install Electric Vehicle Charging Stations in Public Parking Facilities. CARP: Transportation & Mobility Council Action: For Action Summary: In late 2022, City staff approached several electric vehicle charging companies to make them aware of an opportunity from the Volkswagen Environmental Mitigation Trust Agreement and the Illinois Environmental Protection Agency to fund a portion of the eligible costs associated with new commercial-grade Direct Current Fast Charging (DCFC, also known as Level 3) charging stations for light-duty electric vehicles to be located at publicly accessible charging station locations. This opportunity was only available to private organizations or companies. One of the organizations, Shell ReCharge, expressed interest not only in the grant but also in more substantial collaboration with the City of Evanston, and therefore Shell has provided the attached Expression of Interest (EOI) to continue the collaboration. The EOI details a phased proposal to lease the City of Evanston public parking stalls for the purpose of installing, owning, and operating electric vehicle charging station s, predominantly DCFC units. The proposed locations are as follows: A8.Page 174 of 408 Each location will have an estimated eight parking stalls, which results in approximately 80 parking stalls in total. Anticipated annual rent revenue exceeds $100,000. Seven of the ten total sites proposed by Shell are projected to be supplied with renewable electricity through the purchase of RECs (onsite solar was ruled out for this phase of the potential collaboration). Shell estimates the capital installation investment is approximately $150,000 per charger, including the EV charging unit, electrical infrastructure, and ongoing utility costs. The City of Evanston will bear no responsibility for the upfront cost or ongoing maintenance of any EV charging unit installed by Shell. The details of the EOI do not constitute a binding agreement or an exhaustive list of all the relevant issues. If City Council authorizes the City Manager to execute the EOI, negotiations will continue, and City Council will still have the authority to offe r guidance before contract execution. Background In 2018 the City of Evanston passed the Climate Action and Resilience Plan (CARP), with one of its aims to reduce Evanston’s greenhouse gas emissions (GHGs). The Climate Mitigation section of CARP focuses on six areas, one being transportation and mobility, which accounted for 11.6% of Evanston’s GHG emissions in 2021. CARP Transportation Goal 2 aims to increase the use of electric vehicles by decreasing carbon emissions from vehicles and equipment. Goal 2 calls to incentivize electric vehicle infrastructure, namely charging stations, so that they are accessible and convenient to residents. Evanston buses and fleets must be fully electrified by 2035 (50% by 2025) to be on track with CARP’s timeline. The City of Evanston currently owns, operates, and maintains six public ChargePoint charging locations with 21 total charging ports at the following locations: the Civic Center, Robert Crown Community Center, Lot 4 on Central Street, the Maple Avenue Parking Garage, Sherman Plaza Parking Garage, and Lot 32 on Hinman Avenue. Tesla also operates a supercharger in the Maple Garage with 12 stalls; this location was determined based on an analysis of EV usage rates in Evanston. Fifteen of the City’s 21 charging ports experience “heavy” usage (charging vehicles over 6 hours per day). The City’s public charging facilities regularly service over 400 Page 2 of 19 A8.Page 175 of 408 unique drivers each month in over 1,500 charging sessions. There are over 900 electric vehicles registered to Evanston addresses. A Tesla Supercharger uses 480-volt direct current fast-charging technology with the ability to add up to 200 miles of range in 15 minutes. It is currently the only fast charger within the City of Evanston. Lack of access to charging infrastructure is already a limiting factor when transitioning gas-powered vehicles to electric, and the majority of these stations are already slower level 2 charging stations. Increasing public resources for fast charging would allow more community members to transition to electric vehicles, especially residents without the capacity to charge at home. Additionally, increasing the number of fast charging stations in Evanston would benefit neighboring communities and demonstrate the need for more EV resources and connectivity. The City of Evanston staff does not anticipate having the financial resources or personnel capacity to adequately build out a future-ready public EV charging network without substantial partnerships with corporations. Legislative History: The City of Evanston has entered into a similar agreement in the past with Tesla, with the company paying for the $350,000 for infrastructure needed for electrical upgrades and vehicle charging. However, Tesla, unlike Shell, has not offered to pay any revenue to the Cit y for the lease of the City’s parking stalls. Alternatives: The City could consider issuing a request for qualifications to solicit interest from other entities; however, City staff does not believe a comparable revenue -generating arrangement is available. Attachments: Expression of Interest Page 3 of 19 A8.Page 176 of 408 Cara Pratt City of Evanston 2100 Ridge Avenue Evanston IL 60201 Dear Ms Pratt, Re: Expression of Interest by Shell Equilon Enterprises LLC (“Shell”) in Leasing the Premises This non-binding expression of interest (“EOI”) is dated July 6, 2023 and delivered to you for the purpose of confirming the principal terms pursuant to which Shell may lease from the City of Evanston (the “Landlord”) the Premises described herein (the “Potential Transaction”). The matters set forth in this EOI, with the exception of the provisions labeled “Confidentiality” and “Non-Binding EOI” are for discussion purposes only and do not constitute a binding agreement or an exhaustive list of all the relevant issues. The consummation of the Potential Transaction, and the terms thereof, shall be subject to the negotiation and execution of such mutually acceptable Lease & Site Agreement(s) as the parties may agree (the “Lease & Site Agreement”) (as well as any internal or management approvals that may be required in connection therewith). PROPERTY The leased premises for the purposes of providing parking and infrastructure, at each location shall have an estimated number of ±6 parking stalls, to be located in the areas outlined in Schedule A.1 attached hereto (the “Premises Locations”). THE NUMBER OF PARKING STALLS IS SUBJECT TO INCREASE/DECREASE UPON APPROVAL OF LOCATIONS FROM SHELL AND INTERNAL REAL ESTATE REVIEW. The specific locations of the parking stalls will be further discussed in the Lease & Site Agreement. SITE SELECTION & DUE DILIGENCE Shell will be responsible for site selection and due diligence. Landlord will provide inputs for consideration, including target geographical area, site budget, vehicle demand, etc. INITIAL TERM “Term” is ten (10) years, commencing on the Lease Commencement Date (the “Initial Term”). COMMENCEMENT DATE The Initial Term and Shell’s obligation to pay rent and any other sums payable shall commence when EV chargers are operational (the “Lease Commencement Date”), to be further defined in the Lease Agreement. Years 1-5:$1,440 per stall/yr (This amount is subject to change per agreed amount in Exhibit A). Initial # of Parking Stalls = ±6 per site Total # of Parking Stalls: ±108 all sites LEASE RATES Years 6-10:$1,584 per stall/yr (This amount is subject to change per agreed amount in Exhibit A). Page 4 of 19 A8.Page 177 of 408 EXTENSION OPTIONS 2 x 5-year extension options, with rent to be equal to: Years 11-15: $1,742 per stall/yr (equal to a one-time 10% increase) Years 16- 20: $1,916 per stall/yr (equal to a one-time 10% increase) EXCLUSIVITY On-site exclusivity at each Property for EV Charging advertisement, equipment and services at each Site; no restrictions on Shell working with others with written permission to Landlord. TERMINATION OF CHARGING AGREEMENT No termination of the Lease & Site Agreement for convenience. To be further defined in the Site Agreements. PERMITTED USE Shell shall be permitted to use the Premises for the: (i) operation of an electric vehicle charging facility providing electricity charging services for electric motor vehicles or electric motor cycles, such facility to include, but is not limited to, such wires/cables, ducts/trunking, electric vehicle charger with base box, socket outlet, locks and covers, pole with electric vehicle charger installed thereon (if any) and other security and/or protective devices, charging station, equipment, apparatus and such other electrical or other installations which are appurtenant and incidental to such use; and (ii) signage and advertising as described below. SHELL RESTRICTIVE COVENANT The Lease & Site Agreement shall contain an acceptable EV restrictive covenant restricting the installation and operation of such uses within the Center or upon on any other lands owned by the Landlord or any of its related parties which are adjacent to, or located in the vicinity of, the Center, except as may be installed or operated by Shell or any of its affiliates. Landlord agrees to provide Shell with a First Right of Refusal on any additional proposed charge point locations. EASEMENTS Landlord will secure any rights from third parties (where applicable) or directly grant to Shell a non-exclusive easement for the benefit of the Premises for the duration of the Term over the Center for the purposes of access to/from the Premises for pedestrians and vehicles such that open access is maintained between the Premises and the balance of the Center so that they appear and operate as one shopping center and so that customers can pass freely with motor vehicles to the Premises (the “Easement Area”). Any rights granted in favor of Shell in relation to any Easement Area must not permit any fences, barricades, gates, structures, excavations or other obstructions that may impede the Easement Area or the granting any rights that may have such effect without Shell’s prior consent, acting reasonably. BRANDING & MARKETING Shell charging posts to be branded “Shell Recharge” and at other Landlord approved touchpoints. No cobranding on charge posts. Shell performs (and pays for) all marketing activities related to the “Shell Recharge” brand and EV charging services as it sees fit. INSTALLATION COSTS Shell shall be responsible at its sole cost and expense for the construction and/or installation of the EV charging capital expenditures (with the exception of any costs that may be incurred if Landlord decides to Page 5 of 19 A8.Page 178 of 408 resurface its parking lot after the installation of the EV charging station), including, but not limited to bringing electrical power to the Premises. Shell approved contractors will execute the installation and retain control of health, safety, security and environmental items relating to the installation process. Shell estimates the installation investment is approximately ±$150,000 per charger. REPAIR AND MAINTENANCE OBLIGATIONS Shell pays for all maintenance and operation costs of the EV charging equipment. Shell controls the price of EV charging service and maintains the EV charge posts. Landlord shall inform Shell of health, safety, security and environmental concerns or incidents, the need for maintenance and/or wear on tear on the EV charging equipment or of the Premises. Landlord shall be responsible for carrying out the following at its sole cost and expense as would a prudent landlord: (a) the cleaning, repairing, maintaining and replacing of the landscaped areas located within the exterior of the Premises (as applicable), and forming part of all common areas on the Center and the Easement Area; (b) snow and ice removal from the Premises, all common areas, and the Easement Area; (c) paving and painting of parking areas, trash removal, lighting, and security for the Premises commensurate with the rest of the Center; and (d) basic cleaning of EV charge posts. INSURANCE Shell shall have the right to satisfy its insurance requirements in the form of a self-insurance program and in such case Shell shall be deemed to possess satisfactory insurance coverage under the Lease & Site Agreement. PROPERTY TAXES AND OPERATING COSTS Shell shall not pay any taxes and operating costs unless the expenses are specifically outlined in this EOI. Shell shall not pay any property management or administrative fees. UTILITIES Shell shall pay all charges for use of electric current which may be assessed and charged by utility companies, municipalities and third parties against or in respect of the Premises or Shell’s occupancy during the Term. Shell and Landlord shall make reasonable efforts to have all utilities separately metered and charged for the Premises but if no direct charge is calculated on the basis of Shell’s occupation or use, Shell shall pay Landlord, within thirty (30) days of receipt of a detailed invoice therefor, an allocation which shall be Shell’s share of such charge, calculated to equitably represent Shell’s use of the service in relation to all others receiving the service on the same account. Landlord shall provide Site & Utility contact as noted in Landlord Materials below. LANDLORD’S MATERIALS Within fourteen (14) days of the Landlord’s acceptance of this EOI, the Landlord shall provide to Shell: 1. copies of any and all site surveys, electrical surveys, environmental reports, and utility surveys, 2. geo-technical site assessments, right of way surveys, topography Page 6 of 19 A8.Page 179 of 408 survey or any other similar documentation relating to the Center (inclusive of the Premises) which may be required by Shell 3. an appropriate AutoCAD drawing of the subject site and of the Property, 4. all As-Built plans for all above and below ground structures, 5. any details of any known municipal or property signage requirement, canopy lighting restrictions, and/or restrictions/covenants that may impact site signage or canopy, 6. copies of all current, existing governmental permits including permit numbers, hard or electronic copies, 7. copies of any agreements relating to the Property, 8. any notification from Government agencies regarding expropriations, easement, rights of way, temporary easements, or upcoming work that may affect the operation of the site, and 9. information on any environmental conditions or open cases impacting the Property. 10. Site and utility points of contact: email and phone at a minimum. 11.ANY OTHER INFORMATION SPECIFIC TO SITE SHELL CONDITION In addition to such other conditions as may be recommended by Shell’s Legal Department or as may be required by Shell’s senior management: Due Diligence - That on or before the date that is sixty (60) days after the Lease Execution Date, Shell, in its sole, absolute and unfettered discretion, has satisfied itself: (i) with the results of the title and off-title searches in respect of the Center and Premises; (ii) with the results for land use, zoning and other municipal and provincial approvals, required to allow for Shell’s use of the Premises; (iii) with the results of its review of the Landlord’s environmental reports and with Shell’s Environmental Investigation; and (iv) with the results of the geotechnical and topographical condition for Shell’s use of the Premises. Senior Management Approval - That on or before the date that is sixty (60) days after the Lease Execution Date, Shell has obtained the approval of its senior management to the Lease & Site Agreement. MUTUAL CONDITIONS Planning and Development - That on or before the date that is 24 months after the Lease Execution Date, each of Landlord and Shell confirm that: (i) all necessary approvals, licenses and permits (including building permits and development permits as well as signage approvals and zoning Page 7 of 19 A8.Page 180 of 408 approvals including rezoning, where applicable) have been obtained for the construction and operation of the Premises and Shell’s uses in accordance with the terms of the Lease & Site Agreement, and (ii) Landlord has secured any rights from third parties (including utility providers, where applicable) or has directly granted to Shell any easements appurtenant to and for the benefit of the Premises for the duration of the Term in, through, on, over and across as required to service the Premises and/or to access any the Easement Area on terms agreeable to Shell, acting reasonably. AUTHORITY TO LEASE This EOI is premised on the assumption that (1) there are no agreements, options, rights of first refusal, rights of first offer, preferential rights or other restrictions or commitments that could prevent Landlord from leasing the Premises for Shell’s intended use upon the terms and conditions set out herein, and (2) Landlord has the requisite right, title and authority to complete the transaction contemplated herein and to fulfill all of its obligations without obtaining any third-party consents, waivers or approvals. To the extent that the foregoing assumptions are untrue and unless otherwise agreed to by Shell, then Landlord shall be responsible for obtaining any waivers or consents at its sole cost and expense as a condition precedent to Shell’s execution of the Lease & Site Agreement the form acceptable to Shell, acting reasonably. CONFIDENTIALITY Each of Landlord and Shell (1) acknowledge that the terms of this EOI are strictly confidential, and (2) covenant not to disclose or allow disclosure of the same to any third party (save and except for Landlord and Shell’s authorized agents, consultants, professional advisors and brokers related to this transaction on a confidential basis) and except as may be required by law. This clause shall be binding upon both Landlord and Shell, until such time as the Parties enter into the Lease & Site Agreement, at which point the terms and conditions set out there in shall govern and apply to the terms of this EOI. NON-BINDING EOI A binding agreement with respect to the Potential Transaction will result only from the negotiation, execution, and delivery by the parties of the Lease & Site Agreement. This requirement of the Lease & Site Agreement is an express condition precedent to any Potential Transaction. Following the execution of this EOI, Landlord and Shell will begin the process of negotiating the Lease & Site Agreement. This EOI does not constitute a legally binding obligation to negotiate or enter into any Lease & Site Agreement or any related arrangements or commitments with respect to the Potential Transaction but is intended as a statement of the parties’ mutual intent and understanding to proceed with negotiations toward the Lease & Site Agreement, and is not intended to evidence or create any legal obligations between the parties contrary thereto. Unless and until the Lease & Site Agreement is executed and delivered by the parties hereto, no party or any of their respective affiliates shall have any legal obligation of any kind with respect to the Potential Transaction by virtue of this EOI or course of conduct or any other oral expression by a party or its respective affiliates, employees, agents, consultants, contractors, subcontractors or representatives, and either party may Page 8 of 19 A8.Page 181 of 408 terminate this letter at any time for any reason or no reason at all. No party shall have any liability of any nature whatsoever to the other Party in the event the Lease & Site Agreement is not concluded, and the Potential Transaction is not completed. SCHEDULES Schedule A.1 – The Premises Schedule A.2 – The Center Schedule B – Additional Legal Terms Schedule C - Destination Format-Parking Configurations Schedule D - Estimated Timeline to Completion Please respond no later than seven (7) days from the date of this EOI. Please do not hesitate to contact us with any questions. Sincerely, Ilaria Borden CBRE on behalf of Equilon Enterprises LLC dba Shell Oil Products US Email: ilaria.borden@cbre.com. ACCEPTED AND AGREED to by ______ in the City/Town of _____, this day of_______2023. Signature: Name: Title: Page 9 of 19 A8.Page 182 of 408 SCHEDULE A.1 – THE PREMISES LOCATIONS The Premises are located in the below locations. Each location shall have an estimated amount of ±6 parking stalls, which results in approximately ±108parking stalls total. THE NUMBER OF PARKING STALLS IS SUBJECT TO INCREASE/DECREASE UPON APPROVAL OF ADDITIONAL LOCATIONS FROM SHELL AND INTERNAL REAL ESTATE REVIEW. Project Name Address City State Actual Stalls Rate per Month Annual Rent City of Evanston_300 Dodge Ave Renewable energy credit structure 300 Dodge Ave Evanston IL 8 $120 $11,520 City of Evanston_Clyde and Brummel Clyde and Brummel Evanston IL 8 $120 $11,520 City of Evanston_Dempster & Elmood Renewable energy credit structure Dempster & Elmwood Evanston IL 8 $120 $11,520 City of Evanston_1801 Main Street Renewable energy credit structure 1801 Main Street Evanston IL 10 $120 $14,400 City of Evanston_2024 McCormick Blvd. Renewable energy credit structure 2024 McCormick Blvd.Evanston IL 10 $120 $14,400 City of Evanston_811 Main 811 Main Evanston IL 8 $120 $11,520 City of Evanston_1800 Maple Ave 1800 Maple Ave Evanston IL 10 $120 $14,400 City of Evanston_927 Noyes Street Renewable energy credit structure 927 Noyes Street Evanston IL 8 $120 $11,520 City of Evanston_821 Davis Street Renewable energy credit structure 821 Davis Street Evanston IL 8 $120 $11,520 City of Evanston_2100 Central Renewable energy credit structure 2100 Central Evanston IL 8 $120 $11,520 City of Evanston_1028 Central St 1028 Central St Evanston IL 8 $120 $11,520 City of Evanston_2100 Ridge Ave Renewable energy credit structure 2100 Ridge Ave Evanston IL 8 $120 $11,520 City of Evanston_Clyde & Brummel Clyde & Brummel Evanston IL 4 $120 $5,760 108 $155,520 Page 10 of 19 A8.Page 183 of 408 SCHEDULE A.2 – THE CENTER The Center to be an approximate land parcel as outlined in red below. NOT APPLICABLE Page 11 of 19 A8.Page 184 of 408 SCHEDULE B - ADDITIONAL LEGAL TERMS The following legal terms will form part of the Lease. Any comments or deviations from these terms must be set out in this EOI and agreed to by Shell, failing which such comments or deviations will not form part of the Lease. Environmental - The following general terms will apply to how any potential contamination will be dealt with in the Lease: (a) Shell will only be responsible for Shell sourced Environmental Contamination arising out of its use and occupation of the Premises. (b) In connection with any permitting to be obtained, or any work to be carried out, by or on behalf of Shell, Shell may disclose any information, samples, or other data to a regulatory authority. (c) If, during the construction of Shell's facility, or at any time during the Term, Shell discovers Environmental Contamination in, on or under the Premises which was not revealed by Landlord’s environmental reports or Shell's environmental investigation, and provided Shell did not cause such Environmental Contamination through its use or operation on the Premises, Shell may terminate the Lease by written notice within ninety (90) days of Shell's discovery of such Environmental Contamination; however, prior to such termination being effective, Landlord will be provided the opportunity to remedy the Environmental Contamination and thereby avoid the Lease termination, provided that the Rent hereinbefore reserved or a just and proportionate part thereof based on the nature and extent of the interference shall abate to the extent Shell’s possession of the Premises or operation on the Premises of the business is interfered with and until such interference has ceased. (d) For the purpose of this section: “Hazardous Substances” means, without limitation, any asbestos, PCBs, ozone depleting substances, flammables, explosives, radio-active, poisonous, leachable, corrosive or oxidizing materials, pollutant, dangerous substance, toxic substance, hazardous chemicals and wastes or substances, petroleum and petroleum products, tanks and associated piping, and all substances, materials, goods or gases which are now or hereafter prohibited, controlled or regulated under Environmental Laws. “Environmental Contamination” means any Hazardous Substances, but specifically excluding any naturally occurring compounds in, on or under the Premises that causes or may cause to the air, soil, water or groundwater in, on or under the Premises, a significant adverse effect, as determined by any appropriate governmental or regulatory body or in accordance with Environmental Laws. Anti-Money Laundering, Bribery and Corruption (“ABC” clause): Landlord will be required to accept the following “ABC” clauses in the Lease. These clauses are Shell’s global standard wording designed to ensure compliance to any applicable regulations, any applicable laws and any applicable practices which concern Anti-Money Laundering, Anti-Bribery and Anti-Corruption in any dealings with a Shell entity. Unfortunately, Shell Canada has no discretion over the inclusion of such wording in all its documents. “For the purposes of this Agreement, “Anti-Corruption Laws” shall mean (a) the United States Foreign Corrupt Practices Act of 1977; (b) the United Kingdom Bribery Act 2010; and (c) all applicable national, regional, provincial, state, municipal or local laws and regulations that prohibit tax evasion, money laundering or otherwise dealing in the proceeds of crime or the bribery of, or the providing of unlawful gratuities, facilitation payments, or other benefits to, any government official or Page 12 of 19 A8.Page 185 of 408 any other person. Each Party represents, warrants, and covenants that in connection with this Agreement and the business resulting therefrom: (a) it is aware of and will comply with Anti-Corruption Laws; (b) whether directly or indirectly, it has not made, offered, authorized, or accepted and will not make, offer, authorize, or accept any payment, gift, promise, or other advantage, to or for the use or benefit of any government official or any other person where that payment, gift, promise, or other advantage would comprise a facilitation payment or otherwise violate the Anti-Corruption Laws; (c) it has maintained and will maintain adequate written policies and procedures to comply with Anti-Corruption Laws; (d) it has maintained and will maintain adequate internal controls, including but not limited to using reasonable efforts to ensure that all transactions are accurately recorded and reported in its books and records to reflect truly the activities to which they pertain, such as the purpose of each transaction, with whom it was entered into, for whom it was undertaken, or what was exchanged; (e) it will, to its knowledge, retain such books and records for the period required by Applicable Law or a Party’s own retention policies, whichever is longer; (f) in the event a Party becomes aware it has breached an obligation in this paragraph, it will promptly notify the other Party, subject to the preservation of legal privilege; (g) it has used and will use reasonable efforts to require any subcontractors, agents, or any other third parties to also comply with the foregoing requirements in this paragraph; and (h) it will provide information (which unless publicly available will include documentary evidence) in support of the other/requesting Party’s ongoing Know Your Customer (“KYC”) process requirements, about its ownership, officers, and corporate structure (including any changes thereto); and (i) only a Party (and not its Affiliates or a third party) shall make payments to the other Party, except with that other Party’s prior written consent. Suspension/Termination: Without limitation to any other available remedies, where a Party or its Related Party fails to comply with this paragraph, the other Party, acting in good faith, shall have a right to notify of such failure to comply. If a Party is capable of curing the failure, it shall have 60 days to cure the failure to the reasonable satisfaction of the other Party. If the failure is incapable of being cured or, the Party shall have the right to terminate the Agreement on further notice. Nothing in this Agreement shall require a Party to perform any part of this Agreement or take any actions if, by doing so, the Party would not comply with the Anti-Corruption Laws. The obligations in this paragraph shall survive the termination or expiry of this Agreement. Audit rights: Subject to the preservation of legal privilege, during the Term and for 7 years thereafter and on reasonable notice, Shell shall have a right, at its expense, and the other Party shall take reasonable steps to enable this right, to audit the other Party’s relevant books and records with respect to compliance with this paragraph. To be further defined in the Site Agreements. Damage and Destruction - In the event the improvements are damaged or destroyed in the last two (2) years of the Term, Shell shall have the right to terminate the Lease without any further rental obligation Page 13 of 19 A8.Page 186 of 408 to Landlord. Landlord shall have no claim on insurance proceeds where the improvements are owned by Shell. Basic Rent only will abate during reconstruction (Landlord may purchase business interruption insurance). Risk and Liability - All indemnities in the Lease will be mutual using a negligence standard (not “gross negligence”). Each party will be responsible for its own negligent actions and for the negligent actions of those it is responsible for at law. Neither party will be responsible for consequential or indirect damages. Ownership of Improvements - All improvements installed by Shell are owned by Shell and do not vest at the end of the Term save with Shell’s agreement. Shell will have the right to remove all improvements at the end of the Term and make any necessary aesthetic repairs to the Premises. Assignment – As part of Shell’s ongoing KYC requirements, Shell shall have the right to consent to a change of control of Landlord or an assignment of the Lease by Landlord. Registration and Postponement – Shell will have the right to register the Lease or notice of it in the appropriate land titles registry provided the financial terms of the Lease are not disclosed. Any postponement of Shell’s registration will only be made upon the provision of a non-disturbance agreement from party requesting the postponement on terms acceptable to Shell, acting reasonably. Non-Disturbance Agreement –Landlord shall be required to obtain a non-disturbance agreement from any encumbrancer having a financial interest in priority to that of Shell’s interest under the Lease on terms acceptable to Shell, acting reasonably. This non-disturbance agreement requirement shall be required prior to the commencement of Shell’s Fixturing Period. To be further defined in the Site Agreements if required for municipality. Termination - Shell may terminate the Lease if, through no fault of Shell, the operation of Shell’s business or any part thereof is prevented or substantially limited or impaired, by any act or omission of a governmental authority or utility provider, or where its operations are subtantially impaired or adversely affected by the closing, the relocation or the alternation of the streets accessing the Premises or the re-routing of any highway, or if all or substantially all of the Premises is expropriated. Page 14 of 19 A8.Page 187 of 408 SCHEDULE C - DESTINATION FORMAT-PARKING CONFIGURATIONS 3. Destination Format 3.2 Charger Bay Design Page 15 of 19 A8.Page 188 of 408 3.3.1 Charger Bay Set Out - Linear Charging Page 16 of 19 A8.Page 189 of 408 Page 17 of 19 A8.Page 190 of 408 The location of EV charging bays are optimized (although within the limits of 3rd party owned Car Park) to ensure safe vehicle and pedestrian flow. How many customers? How much volume? How much business? Analyze the site to be able to decide whether it is feasible to invest. Commercial investment – initial assessment, cost model, charging rate, how many charging stations are they are going to be investing? •Considering minimizing significant site disruption •Considering safe access and egress of drivers Page 18 of 19 A8.Page 191 of 408 SCHEDULE D - ESTIMATED TIMELINE TO COMPLETION Page 19 of 19 A8.Page 192 of 408 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: Sat Nagar, Senior Project Manager CC: Edgar Cano, Public Works Agency Director; Lara Biggs, City Engineer Subject: Resolution 42-R-23, Authorizing the City Clerk to Sign an Illinois Department of Transportation Resolution for Improvement under the Illinois Highway Code and Rebuild Illinois for Leon Place Reconstruction Project Date: July 10, 2023 Recommended Action: Staff recommends City Council adoption of Resolution 42-R-23, Authorizing the City Clerk to Sign an Illinois Department of Transportation Resolution for Improvement under the Illinois Highway Code and Rebuild Illinois Program for Leon Place Reconstruction Project. Funding Source: Funding will be provided from Rebuild Illinois Funds in the Motor Fuel Tax (MFT) Fund (Account 200.40.5105.62145 - 423015) in the amount of $138,364. This project is not budgeted, but there is available funding in the amount of $979,142. CARP: Transportation & Mobility Council Action: For Action Summary: On June 28, 2019, the State of Illinois approved the Rebuild Illinois capital program. While this program is funding many different types of projects at the state, county, and local levels, a portion of the grant funding was set aside for local use for cap ital improvement of transportation infrastructure. The City of Evanston's total allotment is $4,908,920.52, of which $979,142 remains. To date, the funding has been expended on resurfacing streets as part of the following contracts: • 2020 Street Resurfacing A9.Page 193 of 408 • 2021 Street Resurfacing • 2022 Street Resurfacing The Rebuild Illinois/MFT funding is restricted for use on the capital improvement of street and transportation infrastructure with an improvement life of at least 13 years. All such improvements have to comply with Illinois Department of Transportation (IDOT) standards and specifications since IDOT administers the MFT program. In order to utilize this funding for a capital improvement project, a resolution for each contract using Rebuild Illinois funds must be adopted by the City Council. Leon Place is a neighborhood road that serves as the primary access road to the Evanston Service Center as well as the Northwestern Maintenance Facility located to the east of the Service Center. Originally constructed of brick and then overlaid with asphalt, the road base is now failing, and the street is in need of total reconstruction to support the heavy vehicles that use it, including sanitation vehicles and fire trucks. In addition, the existing parkway and driveways along Leon Place are in bad condition and do not meet City requirements for driveways. The road also lacks a continuous sidewalk on both sides of the street. For these reasons, staff recommends a complete reconstruction of the street from Ridge Avenue to Simpson Street. The proposed scope of the engineering services needed for this project includes the following: • Kickoff Meeting • Roadway analysis to use Rebuild IL Funds • Topographic Survey, including utility agency coordination • Northwestern University, COE Service Center and Stakeholder Coordination • Preparation of Construction Documents as per Illinois Department of Transportation (IDOT) Standards, including plans, specifications & cost estimates • Traffic staging plan during construction • Construction Engineering, including full-time inspection, processing pay estimates, project close out as per IDOT requirements, and preparing the As-Built drawings On June 12, 2023, City Council approved the award of these engineering services to Christopher B. Burke Engineering, LLC. It is anticipated that Leon Place construction will start in late spring 2024. A recommendation for the award of construction services will be brought to City Council for approval at the time of construction award. Legislative History: On June 12, 2023, City Council approved the prequalification of four consulting firms for three years to provide transportation engineering and surveying services. On June 12, 2023, City Council approved the award of engineering services for Leon Place to Christopher B. Burke Engineering, LLC. Attachments: Resolution 42-R-23 Page 2 of 8 A9.Page 194 of 408 7/10/2023 42-R-23 A RESOLUTION Authorizing the City Clerk to Sign an Illinois Department of Transportation Resolution for Improvement under the Illinois Highway Code and Rebuild Illinois Program for Leon Place Reconstruction Project WHEREAS, in order to facilitate the free flow of traffic and ensure safety to the motoring public, the City of Evanston and the Illinois Department of Transportation (“IDOT”), desire to enter into an Illinois Department of Transportation Resolution for Improvement Under the Illinois Highway Code, a copy of which is attached hereto and incorporated herein as Exhibit 1, for Design and Construction Engineering services for Leon Place Reconstruction Project from Simpson Street to Ridge Avenue within the City of Evanston; and WHEREAS, said Design & Construction Engineering services include completing a topographic survey, preparing construction plans, specification & the cost estimate and providing full-time resident engineering in the field during construction; and WHEREAS, it is necessary for the City Clerk to execute the IDOT Resolution for Improvement Under the Illinois Highway Code, allocating a portion of the City’s One Hundred Thirty Eight Thousand Three Hundred Sixty Four Dollars ($138,364.00) in the Rebuild Illinois Grant Funds to pay for said Street Improvements; and WHEREAS, the City Council has determined that it is in the best interests of the City to execute the aforementioned resolution for certain Street Improvements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: Page 3 of 8 A9.Page 195 of 408 42-R-23 ~2~ SECTION 1: The City Clerk is hereby authorized to sign the Resolution for Improvement under the Illinois Highway Code between the City of Evanston and IDOT, attached hereto as Exhibit 1. SECTION 2: The City Manager is also authorized and directed to negotiate any additional conditions with IDOT for the City roadway construction using the City’s Rebuild Illinois Grant Funds. SECTION 3: That this Resolution 42-R-23 shall be in full force and effect from and after its passage and approval in the manner provided by law. _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Adopted: __________________, 2023 Approved as to form: _______________________________ Nicholas E. Cummings, Corporation Counsel Page 4 of 8 A9.Page 196 of 408 42-R-23 ~3~ EXHIBIT 1 Resolution for Improvement Under the Illinois Highway Code Page 5 of 8 A9.Page 197 of 408 BLR 09110 (Rev. 01/18/23) Resolution for Improvement Under the Illinois Highway Code Page 1 of 1Printed06/22/2306/22/23 Resolution Type OriginalOriginal Resolution Number Section Number BE IT RESOLVED, by the Governing Body Type CouncilCouncil of the Local Public Agency Type CityCity of Name of Local Public Agency Evanston Illinois that the following described street(s)/road(s)/structure be improved under the Illinois Highway Code. Work shall be done by Contract or Day Labor ContractContract . NoYes Is this project a bondable capital improvement? For Roadway/Street Improvements: Name of Street(s)/Road(s) Length (miles)Route From To Leon Place Simpson Street Ridge Avenue For Structures: Name of Street(s)/Road(s) Existing Structure No. Route Location Feature Crossed BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of Design & Construction Engineering services for Leon Place reconstruction project. 2. That there is hereby appropriated the sum of One hundred thirty eight three hundred sixty four $138,364.00Dollars () for the improvement of said section from the Local Public Agency's allotment of Motor Fuel Tax funds. BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit four (4) certified originals of this resolution to the district office of the Department of Transportation. I, Name of Clerk Local Public Agency Type CityCity Clerk in and for said Local Public Agency Type CityCity of Name of Local Public Agency Evanston in the State aforesaid, and keeper of the records and files thereof, as provided by statute, do hereby certify the foregoing to be a true, perfect and complete original of a resolution adopted by Governing Body Type CouncilCouncil of Name of Local Public Agency Evanston at a meeting held on Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this Day day of Month, Year . . (SEAL, if required by the LPA)Clerk Signature & Date Approved Regional Engineer Signature & Date Department of Transportation 42-R-23 23-00296-00-RS Page 6 of 8 A9.Page 198 of 408 BLR 09110 (Rev. 01/18/23)Printed 06/22/2306/22/23 Instructions for BLR 09110 - Page 1 of 2 NOTE: Form instructions should not be included when the form is submitted. This form shall be used when a Local Public Agency (LPA) wants to construct an improvement using Motor Fuel Tax(MFT) funds. Refer to Chapter 9 of the Bureau of Local Roads and Streets Manual (BLRS Manual) for more detailed information. For signature requirements refer to Chapter 2, Section 3.05(b) of the BLRS Manual. When filling out this form electronically, once a field is initially completed, fields requiring the same information will be auto-populated. Is this project a bondable capital improvement? Check Yes if the project was a bondable capital improvement, check no if it is not. An example of a bondable capital project may include, but is not limited to: project development, design, land acquisition, demolition when done in preparation for additional bondable construction, construction engineering, reconstruction of a roadway, designed overlay extension or new construction of roads, bridges, ramps, overpasses and underpasses, bridge replacement and/or major bridge rehabilitation. Permanent ADA sidewalk/ramp improvements and seeding/sodding are eligible expenditures if part of a larger capital bondable project. A bondable capital improvement project does not mean the LPA was required to sell bonds to fund the project, however the project did meet the criteria to be bondable. Resolution Number Enter the resolution number as assigned by the LPA, if applicable. Resolution Type From the drop down box choose the type of resolution: - Original would be used when passing a resolution for the first time for this project. - Supplemental would be used when passing a resolution increasing appropriation above previously passed resolutions. - Amended would be used when a previously passed resolution is being amended. Section Number Insert the section number of the improvement the resolution covers. Governing Body Type From the drop down box choose the type of administrative body. Choose Board for County; Council for a City or Town; President and Board of Trustees for a Village or Town. LPA Type From the drop down box choose the LPA body type. Types to choose from are:County, City, Town or Village. Name of LPA Insert the name of the LPA. Contract or Day Labor From the drop down choose either Contract or Day Labor. Roadway/Street Improvements: Name Street/Road Insert the name of the Street/Road to be improved. For additional locations use the Add button. Length Insert the length of this segment of roadway being improved in miles. Route Insert the Route Number of the road/street to be improved if applicable. From Insert the beginning point of the improvement as it relates to the Street/Road listed to the left. To Insert the ending point of the improvement as it relates to the Street/Road listed to the left. Structures: Name Street/Road Insert the name of the Street/Road on which the structure is located. For additional locations use the Add button. Existing Structure No. Insert the existing structure number this resolution covers, if no current structure insert n/a. Route Insert the Route number on which the structure is located. Location Insert the location of the structure. Feature Crossed Insert the feature the structure crosses. 1 Insert a description of the major items of work of the proposed improvement. 2 Insert the dollar value of the resolution for the proposed improvement to be paid for with MFT funds in words followed by in the same amount in numerical format in the (). Page 7 of 8 A9.Page 199 of 408 BLR 09110 (Rev. 01/18/23)Printed 06/22/2306/22/23 Instructions for BLR 09110 - Page 2 of 2 Name of Clerk Insert the name of the LPA clerk. LPA Type Insert the type of clerk based on the LPA type. Types to choose from are: County, City, Town or Village. Name of LPA Insert the name of the LPA. Governing Body Type Insert the type of administrative body. choose Board for County; Council for a City or Town; President and Board of Trustees for a Village or Town Name of LPA Insert the name of the LPA. Date Insert the date of the meeting. Day Insert the day Clerk is signing the document. Month, Year Insert the month and year of the Clerk's signature. Seal The Clerk shall seal the document here, if required. If a seal is required, electronic signatures should not be used. Clerk Signature Clerk shall sign here. Approved The Department of Transportation shall sign and date here once approved. A minimum of three (3) certified signed originals must be submitted to the Regional Engineer's District office OR email PDF completed form with electronic signatures to your local District LRS office. Following IDOT's approval, distribution will be as follows: Local Public Agency Clerk Engineer (Municipal, Consultant or County) District Page 8 of 8 A9.Page 200 of 408 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: Alexandra Ruggie, Deputy City Attorney Subject: Resolution 43-R-23, Approving the Release of Closed Session Minutes Date: July 10, 2023 Recommended Action: Staff recommends the City Council adopt Resolution 43 -R-23, releasing the closed session minutes listed on Exhibit A to the Resolution. CARP: N/A Council Action: For Action Summary: The Open Meetings Act, 5 ILSC 120/1, et seq., requires that all public body meetings be open and that all actions and deliberations of public bodies are taken in the open, with certain exceptions. (5 ILCS 120/1). Public bodies must keep minutes of those sessions that are no t open to the public, and the public body must meet and review those minutes and determine whether the information within those minutes should be kept confidential. (5 ILCS 120/2.06). The City Council has met and determined the attached schedule of minutes in Exhibit A no longer requires confidential treatment and should be made available for public inspection. Attachments: Resolution 43-R-23 Approving Release of Closed Session Minutes A10.Page 201 of 408 7/10/2023 43-R-23 A RESOLUTION APPROVING THE RELEASE CITY COUNCIL CLOSED SESSION MINUTES WHEREAS, the City Council has met from time to time in executive session for purposes authorized by the Illinois Open Meetings Act (5 ILCS 120/1 et seq); and WHEREAS, the Open Meetings Act requires a semi-annual review by the public body of all closed session minutes (5 ILCS 120/2.06(c)); and WHEREAS, pursuant to the requirements of the Illinois Open Meetings Act, (5 ILCS 120/2.06(c)), the City Council met to review minutes of all closed session meetings and make a determination and report in open session that (1) the need for confidentiality still exists as to all or part of those minutes; or (2) that the minutes or portions thereof no longer require confidentiality and should be made available for public inspection; and WHEREAS, the City Council has determined that the schedule of minutes of closed session meetings attached hereto as Exhibit “A” no longer require confidential treatment, in whole or in part and the City Council has found that portions of the minutes to be released should be redacted for confidential treatment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. Page 2 of 4 A10.Page 202 of 408 43-R-23 ~2~ SECTION 2: The executive session minutes from those meetings set forth on Exhibit A attached hereto are hereby released. SECTION 3: The City Clerk is hereby authorized and directed to make said minutes available for posting on the City of Evanston’s website, for inspection and copying in accordance with the standing procedures of the Clerk’s office. SECTION 4: That this Resolution 43-R-23 shall be in full force and effect from and after its passage and approval in the manner provided by law. _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Adopted: __________________, 2023 Approved as to form: _______________________________ Nicholas E. Cummings, Corporation Counsel Page 3 of 4 A10.Page 203 of 408 43-R-23 ~3~ EXHIBIT A SCHEDULE OF CLOSED SESSION MINUTES TO BE RELEASED Reviewed Minutes September 27, 2022 October 17, 2022 November 14, 2022 November 28, 2022 Page 4 of 4 A10.Page 204 of 408 Memorandum To: Honorable Mayor and Members of the City Council From: Alexandra Ruggie, Deputy City Attorney Subject: Resolution 44-R-23, Authorizing the Settlement and Release of All Claims in Daley v. City of Evanston Date: July 10, 2023 Recommended Action: Staff Recommends approval of Resolution 44-R-23, authorizing the City of Evanston to issue a settlement payment pursuant to a settlement agreement and release in Daley v. City of Evanston (EEOC Charge 440-2023-03456 and IDHR Charge 2023CF0729). Funding Source: Funding will be provided from the Insurance Fund Settlement Costs - Liability (Account 605.99.7800.62260) CARP: N/A Council Action: For Action Summary: The complainant filed her claims in 2023 with the Equal Employment Opportunity Commission and the Illinois Department of Human Rights. The City and complainant wish to resolve all claims in these charges by settlement. The settlement amount of $80,000 wi ll be distributed to the complainant according to the terms of the settlement agreement and includes the complainant's attorney's fees and costs. The settlement and agreement were reviewed and approved as to form by the City's attorneys. The complainant executed the settlement agreement and release. The complainant will dismiss the charges with prejudice, terminating the charges and potential litigation upon approval of Resolution 44 -R-23. Exception of the settlement agreement and payment is not an admission of liability by the City. Attachments: Resolution 44-R-23 Authorizing Settlement in Daley v. COE A11.Page 205 of 408 07/10/2023 44-R-22 A RESOLUTION Authorizing the Settlement and Release of all Claims in Enjoli Daley v. City of Evanston, EEOC 440-2023-03456 & IDHR Charge No. 2023CF0729 WHEREAS, Charge 440-2023-03456 filed with the Equal Employment Opportunity Commission (“EEOC”) and Illinois Department of Human Rights (“IDHR”) Charge Number 2023CF0729, concerns a complaint against the City of Evanston; and WHEREAS, the parties seek to settle and release all claims pursuant to the terms of a Release and Settlement Agreement (“Settlement Agreement”) negotiated by attorneys of record in this litigation; WHEREAS, the City will pay Complainant’s counsel of record for the benefit of Plaintiff a settlement amount of eighty thousand dollars ($80,000.00) (“Settlement Payment”); and WHEREAS, pursuant to the terms of the Settlement Agreement Plaintiff’s counsel will obtain an order from the EEOC and the IDHR dismissing with prejudice all claims brought against Defendant in Complaint No.440-2023-03456 and Charge No. 2023CF0729, respectively; and WHEREAS, in compliance with Section 2(e) of the Open Meetings Act, 5 ILCS 120/2(e), the City must approve final action on settlement of this litigation in open session; and WHEREAS, issuance of the City’s Settlement Payment is not an admission of liability. Page 2 of 3 A11.Page 206 of 408 44-R-23 ~2~ NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City is hereby authorized to approve settlement with Plaintiff’s counsel of record and issue the City’s Settlement Payment pursuant to the terms of the Settlement Agreement. The City’s Settlement Payment is not an admission of liability. SECTION 2: Resolution 44-R-23 shall be in full force and effect from and after its passage and approval, in the manner provided by law. _______________________________ Daniel Biss, Mayor Attest: ______________________________ Stephanie Mendoza, City Clerk Adopted: __________________, 2023 Approved as to form: ______________________________ Nicholas E. Cummings, Corporation Counsel Page 3 of 3 A11.Page 207 of 408 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: Brian George, Assistant City Attorney Subject: Ordinance 63-O-23, Amending City Code Section 3-4-6(P-2) to Allow the Limited Service of Wine and Craft Cocktails at Craft Breweries Date: July 10, 2023 Recommended Action: The Liquor Control Review Board Recommends Adoption of Ordinance 63-O-23, Amending City Code Section 3-4-6(P-2) to Allow the Limited Service of Wine and Craft Cocktails by Craft Breweries. Council Action: For Introduction Summary: City Code Section 3-4-6(P-2) contains regulations for certain craft breweries in the City. The current P-2 liquor license only allows the service of beer at craft breweries. The Liquor Board received testimony from P-2 license holders that this limitation on service limits their ability to serve potential customers who want to visit these breweries but do not want to be limited to craft beer consumption. Ordinance 63-O-23 amends Section 3-4-6(P-2) by allowing Class P-2 license holders to dedicate a total of two tap lines to either draft wine and/or draft craft cocktails. This allows craft breweries to serve customers who may want to visit a craft brewery without being limited to the consumption of craft beer. Legislative History: The Liquor Review Board voted to approve Ordinance 63-O-23 at its June 30, 2023, meeting. Attachments: Ordinance 63-O-23 Amending Section 3-4-6(P-2) To Allow the Sale of Wine and Cocktails A12.Page 208 of 408 7/10/2023 63-O-23 AN ORDINANCE Amending City Code Sections 3-4-6(P-2) to Allow the Service of Wine and Alcoholic Liquor at Craft Breweries WHEREAS, the City of Evanston Class P-2 Craft Brewery liquor license allows for the service of craft beer but does not allow for the service of wine or alcoholic beverages; and WHEREAS, there has been community feedback indicating that allowing the service of wine and alcoholic liquor at craft breweries would benefit both craft breweries and members of the public who want to visit one of the City’s craft breweries but do not want to consume craft beer; and WHEREAS, the Evanston City Council finds that it is in the best interests of the City to amend the City Code to allow Craft Breweries to serve limited amounts of wine and alcoholic liquor on their premises. NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Table 1 of Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended as follows: P-2 Craft Brewery Beer Liquor Beer $4,000 $4,000 2 None 10 a.m. — 12 p.m. a.m. (Mon- Thu); 10 a.m. — 1 a.m. (Fri-Sat); 12 p.m. — 12 Page 2 of 5 A12.Page 209 of 408 63-O-23 ~2~ a.m.(Sun) SECTION 2: Section 3-4-6 “Classification and License Fees” of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 3-4-6. – CLASSIFICATION AND LICENSE FEES. (P-2) CLASS P-2 CRAFT BREWERY license shall authorize the on-site production and storage of craft beer in quantities not to exceed nine hundred thirty thousand (930,000) gallons (or thirty thousand (30,000) barrels) per year and the sale of such beer for consumption off-premises. It also authorizes on-site sampling and retail sale for consumption of such beer by persons of at least twenty-one (21) years of age. It also authorizes the limited sale of wine and alcoholic liquor for consumption only on the premises where sold. Such craft brewery licenses shall be issued subject to the following conditions: 1. It shall be unlawful for a Class P-2 licensee to sell a container of beer for off- premises consumption unless the volume of the container is equal to or greater than twenty-two (22) ounces or .65 liters. 2. Class P-2 licensees may during authorized hours of business offer for onsite consumption samples of beer, or beer for retail sale, the beer permitted to be produced and sold pursuant to this classification. Additionally, Class P-2 licensees may dedicate a total of two (2) draft taps to either draft wine and/or draft craft cocktails. Licensees who offer servings of beer for retail sale shall provide expanded food service which includes such items as sandwiches, flatbreads, empanadas, hot dogs, salads, or other similar a la carte items to customers who are purchasing a craft beer serving(s). Licensees may arrange for the presence and operation of a mobile food vehicle on or adjacent to the licensed premises during authorized hours of business to serve food to customers. Only mobile food vehicle vendors licensed pursuant to Title 8, Chapter 23 of the City Code shall be allowed to be present and operate. Licensees required to provide expanded food service shall comply with all applicable requirements of Title 8, Chapter 6 of the City Code. 3. Class P-2 licensees must have at least one (1) BASSET-certified site manager on- premises whenever beer is available for on-site consumption. All persons who sell, open, pour, dispense or serve craft beer shall be BASSETT certified. Class P-2 licensees must provide food service whenever beer is available for on-site consumption, in accordance with the specifications applicable to retail sale for on-site Page 3 of 5 A12.Page 210 of 408 63-O-23 ~3~ consumption. The licensee is strictly liable for complying with all provisions regarding food service. Craft beer for product sampling or retail sale for on-site consumption shall be sold and dispensed only in containers provided by the licensee. Craft beer servings for consumption on premises shall be dispensed in containers no larger than sixteen (16) ounces. Craft beer sold within the licensed premises for consumption on the premises shall not be removed from the licensed premises. No alcoholic liquor shall be brought onto the licensed premises or consumed on the licensed premises other than the craft beer sold at retail or offered for sampling. 4. It shall be unlawful for the holder of a Class P-2 license to provide a sample of or sell any beer between the hours of 12:00 a.m. and 10:00 a.m. on any Monday, Tuesday, Wednesday, Thursday or Friday; between the hours of 1:00 a.m. and 10:00 a.m. on any Saturday; and between the hours of 1:00 a.m. and 12:00 p.m. on any Sunday. 5. Every Class P-2 licensee must have a valid Class 3 brewer's license from the State of Illinois. Every licensee shall maintain accurate records as to the total gallonage of beer manufactured on the premises and the total gallonage of beer manufactured on the premises and sold for consumption off-premises. Licensee shall produce said records to the City upon request. 6. Every employee of a Class P-2 licensee who participates in the production and sale of beer, pursuant to this license class, must be BASSET-certified. 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 dollars ($4,000.00). 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 four thousand ninety dollars ($4,090.00). No more than two (2) 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 Page 4 of 5 A12.Page 211 of 408 63-O-23 ~4~ without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2023 Adopted: ___________________, 2023 Approved: __________________________, 2023 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Nicholas E. Cummings, Corporation Counsel Page 5 of 5 A12.Page 212 of 408 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: Brian George, Assistant City Attorney Subject: Ordinance 64-O-23, Amending City Code Section 3-4-6(R-1) to Prohibit the Service of Alcohol in Glass or Plastic Containers Date: July 10, 2023 Recommended Action: The Liquor Control Review Board recommends City Council approval of Ordinance 64 -O-23, amending City Code Section 3-4-6(R-1) to prohibit the service of alcohol in glass or plastic containers. Council Action: For Introduction Summary: City Code Section 3-4-6(R-1) contains regulations for the R-1 Entertainment Venue liquor license, which is currently held by the vendor for Welsh Ryan Arena. Currently, the R-1 license mandates the service of alcohol in plastic containers. This can create unnecessary waste as vendors are currently required to pour beer from cans into plastic cups, and plastic cups are not always recyclable. The current requirements of the R-1 license are also inconsistent with the City's Climate Action Resiliency Plan (CARP). Ordinance 64-O-23 amends the R-1 license to prohibit the service of alcohol in glass or plastic containers at Welsh Ryan Arena events. The prohibition on glass containers is for safety reasons, as glass containers are susceptible to breaking if dropped and can be used as projectiles. The prohibition on plastic containers is to limit the amount of non-recyclable waste created at these events. Legislative History: The Liquor Review Board voted to approve Ordinance 64-O-23 at its June 30, 2023, meeting. Attachments: Ordinance 64-O-23 Amending 3-4-6(R-1) Prohibiting Service of Alcohol in Glass or Plastic Containers A13.Page 213 of 408 7/10/2023 64-O-23 AN ORDINANCE Amending City Code Section 3-4-6(R-1) to Prohibit the Service of Alcohol in Glass or Plastic Containers WHEREAS, the City of Evanston Class R-1 liquor is the liquor license for Welsh Ryan Arena on Northwestern University’s campus; and WHEREAS, the R-1 license mandates that alcohol be served in plastic cups during events at Welsh Ryan Arena; and WHEREAS, pouring beer into a plastic cup creates unnecessary waste and is at odds with the City’s Climate Action Resilience Plan (CARP); and WHEREAS, prohibiting the service of alcohol in glass or plastic containers at Welsh Ryan Arena events will be consistent with the CARP; and WHEREAS, the Evanston City Council finds that it is in the best interests of the City to amend the City Code mandate the service of alcohol in cans or compostable cups for R-1 liquor license holders. NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 3-4-6 “Classification and License Fees” of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 3-4-6. – CLASSIFICATION AND LICENSE FEES. (R-1) CLASS R-1 licenses, which shall authorize the sale on the premises specified of alcoholic liquor only for consumption upon the premises while food service is available. 1. Such licenses shall be issued for use only in facilities with a permanently constructed seating capacity of not more than eight thousand (8,000) and not less than seven thousand (7,000) persons, designed and used for presentation of sporting events and Page 2 of 4 A13.Page 214 of 408 64-O-23 ~2~ other activities, such as recreational activities and entertainment events, and includes retail sales areas and retail food dispensing outlets, including, but not limited to, restaurant areas to accommodate liquor by the drink as well as food patronage, owned, operated and maintained by not for profit educational institutions within the designated university areas. 2. Establishments holding Class R-1 licenses must have some food service available when alcoholic liquor is being sold. 3. Alcohol may be served only on days on which there is a sporting event, recreational activity, or other entertainment event which occurs in the qualifying facility. 4. R-1 license holders shall only serve alcohol beginning one (1) hour prior to the start of the event and must cease selling alcohol no later than thirty (30) minutes prior to the conclusion of the event. For men's basketball games at Welsh Ryan Arena, alcohol sales shall end at or prior to the second half twelve (12) minute TV timeout. For women's basketball games, alcohol sales shall end prior to the start of the fourth (4th) quarter. 5. In the general admission area, all alcoholic beverages must be may not be served in glass or plastic containers. 6. No more than two (2) alcoholic beverages shall be sold to any person in any single transaction. 7. 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. The annual fee for such license shall be six thousand dollars ($6,000.00). 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 six thousand three hundred dollars ($6,300.00). No more than one (1) such license(s) shall be in force at any one (1) time. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 3 of 4 A13.Page 215 of 408 64-O-23 ~3~ SECTION 3: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2023 Adopted: ___________________, 2023 Approved: __________________________, 2023 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Nicholas E. Cummings, Corporation Counsel Page 4 of 4 A13.Page 216 of 408 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: Lukasz Tatara, Interim Parking Manager Subject: Ordinance 66-O-23 Amending City Code Section 10-11-12 "Parking Meter Zones" and Section 10-11-7 "Passenger Loading Zones, Public Carrier Stops and Stands." Date: July 10, 2023 Recommended Action: Councilmember Revelle recommends that the Administration and Public Works Committee and City Council approve amending Title 10, Chapter 11, Section 12 Schedule XII (B) of the Evanston city code (“Parking Meter Zones”) to add metered spaces on the 1700 block of Central St. to the 4-hour max limit portion of the code, and Title 10, Chapter 11, Section 7 “Loading Zones” to create a new “Medical Loading Zone” at 1732 Central St., between the hours of 7:00 am -5:00 pm, Monday-Friday. Committee Action: For Introduction Summary: Parking staff received a referral from Councilmember Revelle regarding the metered parking spaces on the 1700 block of Central Street. The referral was introduced after fielding requests from the area business owners and employees. Coldwell Banker Residential Brokerage led the initiative. The proposal calls for changing the maximum time limit from 2 hours to 4 hours, with fees remaining the same ($2.00/hr). The proposed language would modify approximately ten spaces on the South side of Central, from Eastwood to 1720 Central St. These spaces would be enforced from 8am-9pm Monday through Saturday to stay uniform with the hours of enforcement for the parking spaces on the rest of the block. Parking staff also received a referral request to create a medical loading zone at 1732 Central St. This loading zone would replace two metered parking spaces with an unpaid loading zone. The medical loading zone would be available to all vehicles loading or unloading passengers or goods related to the nearby medical offices and would be enforced with a 30 -minute limit. The loading zone was requested by the newly opened Endoscopy Center of the North Shore. This new facility now neighbors the existing Cardiovascular Associates, located nearby at 1713 Central St. Given the medical facilities, Parking Services anticipates an increase in patients A14.Page 217 of 408 that may experience mobility challenges or be transported by services arriving on the block for procedures. The loading zone may facilitate safe passage for patrons arriving and departing. The proposed new language will add “Central Street-South side, from Eastwood to 1720 Central St.” to the Parking Meter Zones portion of the city code under Title 10, Chapter 11, Section 12, and will add “At 1732 Central St.- Medical Loading Zone, Monday - Friday, 7am- 5pm” to the Loading Zones schedule of the City Code under Title 10, Chapter 11, Se ction 7. Attachments: Ordinance 66-O-23 Ameding 10-11-7 Schedule VII_ Passenger Loading Zones, Public Carrier Stops and Stands Page 2 of 4 A14.Page 218 of 408 7/10/23 66-O-23 AN ORDINANCE Amending City Code Section 10-11-7, “Schedule VII; Passenger Load Zones, Public Carrier Stops and Stands” WHEREAS, the Evanston City Council determined that there are parking and patient loading concerns on the 1700 block of Central St. for businesses on the block; and WHEREAS, certain modifications to the City Code can help to address the business owners’ concerns in this area, and WHEREAS, the Evanston City Council finds that it is in the best interest of the City of Evanston to amend the parking restrictions in this area. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: City Code Subsection 10-11-7(B), Schedule VII(B) “Loading Zones” of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 10-11-7 – SCHEDULE VII(B): Loading Zones SCHEDULE VII(B): Loading Zones Central St At 1732 Central St. – Medical Loading, Monday – Friday, 7:00 A.M. to 5:00 P.M. SECTION 2:City Code Subsection 10-11-12(B) Schedule XII(B) “Parking Meter Zones” of the Evanston City Code of 2012, as amended, is hereby further amended as follows: Page 3 of 4 A14.Page 219 of 408 66-O-23 ~2~ SCHEDULE XII(B): Street Name Side of Street Block or Blocks Central Street South Side From Eastwood to 1720 Central Street SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this Ordinance 66-O-23 or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 5: Ordinance 66-O-23 shall be in full force and effect after its passage and approval. SECTION 6: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced: _________________, 2023 Adopted: ___________________, 2023 Approved: __________________________, 2023 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Nicholas E. Cummings, Corporation Counsel Page 4 of 4 A14.Page 220 of 408 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: Nicholas Cummings, Corporation Counsel Subject: Ordinance 62-O-23, Amending Title 1, Chapter 17, Section 1 "Purchases of Goods or Services" Date: July 10, 2023 Recommended Action: Recommendation to the City Council of Passage of Ordinance 62 -O-23 Amending Title 1, Chapter 17, Section 1 "Purchases of Goods or Services." CARP: Municipal Operations Council Action: For Action Summary: On February 23, 2023, Councilmember Kelly made a referral seeking to implement a policy change wherein the "City Manager must ensure that the City Council is fully advised of, and approves, any agreement for one or more payments to a current or former employee of the City that has an aggregate value equal to or greater than $25,000 if the payment(s) is not part of the regularly budgeted compensation to that employee." City Code currently requires the City Manager to promptly notify the City Council of expenditures greater than $25,000.00. (Evanston City Code 1 -17-4(A)). The City Manager is authorized to make purchases of greater than $25,000.00 when there is an immine nt threat to City property or that Evanston residents; or imminent threat to the health and welfare of residents; or when there is a substantial economic benefit to the City. (Evanston City Code 1 - 17-4(A)). However, the City Code is silent on other types of agreements or contracts that are not for the purchase of goods or services. Accordingly, the Administration and Public Works Committee directed staff to bring an ordinance consistent with Councilmember Kelly's referral. Ordinance 62-O-23 amends the City Code to clarify that all contracts with the City in excess of $25,000.00 be approved by the City Council. A15.Page 221 of 408 Legislative History: Ordinance 62-O-23 was introduced at the June 26, 2023 City Council meeting. Attachments: Ordinance 62-O-23 Amending Title 1, Chapter 17, Section 1, Purchases of Goods or Services Page 2 of 5 A15.Page 222 of 408 06/26/2023 62-O-23 AN ORDINANCE AMENDING TITLE 1, CHAPTER 17, SECTION 1, “PURCHASES OF GOODS OR SERVICES” WHEREAS, the Evanston City Code provides that all contracts for the purchase of goods and services in excess of twenty-five thousand dollars ($25,000.00) be approved by the City Council; and WHEREAS, the Evanston City Code authorizes the City Manager to make purchases in excess of twenty-five thousand dollars ($25,000.00) without prior approval of the City Council when there is imminent threat to City property or that Evanston residents; or imminent threat to the health and welfare of residents; or when there is substantial economic benefit to the City; and WHEREAS, the Evanston City Code does not specify other types of agreements and contracts, including but not limited to employment agreements or settlement agreements; and WHEREAS, the City Council finds it is necessary to amend the City Code to clarify the authority of the City Manager for the benefit of Evanston residents and tax payers. NOW THEREFORE BE IT ORDAINED, by the Evanston City Council that Title 1, Chapter 17, “Purchase, sale and Lease of Real and Personal Property” of the Evanston City Code of 2012, as amended is further amended as follows: 1-17-1. - PURCHASES OF GOODS OR SERVICES. CONTRACTS WITH THE CITY. (A)All contracts with the City for the purchase of goods or services costing in excess of twenty-five thousand dollars ($25,000.00) must be approved by the City Council. Contracts for the purchase of goods or services to be utilized in Page 3 of 5 A15.Page 223 of 408 62-O-23 ~2~ the conduct of the affairs of the City, shall be let by the City Manager or his/her designee, with the approval of the City Council, to a reliable, responsible and acceptable bidder, after advertising for the same, and bonds to be approved by the City Council may be taken for the faithful performance thereof. The City Manager, or his/her designee, may reject all bids and shall subsequently advise the City Council of his/her action or, with the approval of the City Council, may award the contract to a bidder other than the lowest bidder if it should be determined that such action would be in the best interest of the City. Any such contract may also be entered into by the proper officers without advertising for bids upon the authorization of the City Council by a vote of two-thirds (⅔) of all Aldermen then holding office. Notwithstanding the above, the City Manager or his/her designee shall have the authority to make purchases in excess of twenty-five thousand dollars ($25,000.00) without prior council approval when there is an imminent threat to the property of the City or its citizens or the health and welfare of its citizens; or when there is a substantial economic benefit to the City not otherwise obtainable; providing, however, that a report of said purchase shall be promptly made to the City Council. All other contracts for the provision of goods or services to be utilized in the conduct of the affairs of the City shall be let by the City Manager or his/her designee to a reliable, responsible person, firm or agency without the necessity of advertising for bids, or of obtaining prior City Council approval. Bonds may be taken for faithful performance of such contracts. This provision shall not apply to contracts for work, material or supplies to be paid in whole or in part by special assessment. 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. Page 4 of 5 A15.Page 224 of 408 62-O-23 ~3~ SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2023 Adopted: ___________________, 2023 Approved: __________________________, 2023 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Nicholas E. Cummings, Corporation Counsel Page 5 of 5 A15.Page 225 of 408 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of the Planning and Development Committee From: Emily Okallau, Public Services Coordinator CC: Liz Williams, Planning Manager, Noel Rodriguez, Public Services Bureau Chief, Edgar Cano, Public Works Director Subject: Ordinance 15-O-23, Amending Title 7, Chapter 8 Concerning the Protection of Trees on Private Property Date: July 10, 2023 Recommended Action: The Environment Board recommends City Council approval of Ordinance 15 -O-23, Amending Title 7, Chapter 8, Concerning the Protection of Private Trees. CARP: Urban Canopy & Green Space Council Action: For Introduction Summary: The City of Evanston Climate Action and Resilience Plan calls for the preservation and restoration of "Evanston's urban canopy, natural areas, native vegetation, and green space to maintain and increase carbon sequestration, improve stormwater runoff detention, improve air quality, energy efficiency, and livability and reduce adverse urban impacts on humans and key species such as birds and pollinators." Action 3 of the Urban Canopy and Green Space section of CARP is to: "Adopt a tree preservation ordinance that requires obtaining a permit for tree removal on private property; include exceptions for diseased and nuisance trees; develop a fee structure that does not overburden income-constrained property owners." In addition, the 2002 EPLAN's three health priorities are "Advance Health and Racial Equity," "Improve Mental and Emotional Well-being," and "Strengthen Climate Resilience." Although access to green space and tree canopy cover is explicitly stated as critical needs, many other subject areas within the plan relate to the health benefits that trees provide. P1.Page 226 of 408 Hundreds of peer-reviewed studies conclude that urban trees provide innumerable benefits to all parts of the community, including people, other plants, wildlife, and even human -built infrastructure. These benefits include, but are not limited to: • Improved mental and physical health (i.e., cardiovascular health, lower asthma rates) • Improved school performance and reduced risk-taking behavior in children • Improved economic success for small businesses • Reduced energy consumption/costs • Improvements in stormwater retention / reduced flooding • Better air quality • Improved habitat for native wildlife and other plants • Reduction in crime While all trees provide some benefits, tree benefit calculators (such as from the Arbor Day Foundation and i-Tree) show that large trees are significantly more beneficial than smaller trees. For example, the value of a 30-inch diameter swamp white oak, relative to 5- and 20- inch diameter trees, were calculated using the National Tree Benefit Calculator. The dollar amounts in the table below are per year and represent either direct savings for a property owner (natural gas or electricity) or cost savings from ecosystem services like stormwater retention. However, the Chicago Region Trees Initiative's 2020 tree census shows that the majority of Evanston's trees (75%) are under 20" in diameter. Although smaller trees provide habitat, and many are mature enough to produce some of the ecosystem benefits listed above, lots of small trees together will never create the same quantity and quality of benefits as larger tr ees. In addition, trees planted today will not provide significant benefits for many years. Page 2 of 25 P1.Page 227 of 408 Trees on private property are not currently regulated by City Code (with the exception of property greater than 2 acres in area), and property owners can freely r emove and otherwise impact their trees. However, a recent remote-sensing (LiDAR) and ground-truthing study by the Chicago Region Trees Initiative shows that at least 70% (and likely closer to 80%) of tree canopy in Evanston is on private property. Preserving trees on private property is critical for meeting the goals listed in CARP, the EPLAN, and Resolution 32-R-22, Declaring a Climate Emergency and Immediate Mobilization Effort to Restore Climate Stability. Implementing this ordinance will require the addition of a dedicated staff position to review tree canopy preservation plans, conduct site visits, and issue tree permits. This position requires ISA Certified Arborist and TRAQ qualification credentials and experience in municipal operations with an anticipated starting salary and benefits cost of $118,000. This position will be budgeted in FY2024 and funded from the General Fund. Additional funding is also necessary to integrate permit processes into permitting software. Community Development staff estimate this integration requires approximately 35 hours of work at a cost of $145 per hour for the consultant, for a total estimated cost of $5,075. Development of outreach events and materials is also needed so that private property owners, contractors, City staff, and other interested community members understand this ordinance's impact and implementation process. As a result of the time required to hire new staff, implement software integration, and conduct outreach, staff recommends that the ordinance go into effect on March 1, 2024. Community Development estimates that approximately 500 building permits may require a tree preservation permit per year. The current cost of a tree preservation permit is $75, so annual revenue from permit fees alone is expected at approximately $37,500. According to language in 15-O-23, these funds would be available for improving tree canopy health throughout the City, including for financially vulnerable property owners who seek assistance related to managing their trees. Under Ordinance 15-O-23: 1. A property owner applies for a tree permit a. Tree is dead/hazardous/invasive / etc. OR b. Proposed construction OR c. Neither / enjoyment of property 2. City staff reviews request, performs a site visit, speaks with the property owner a. If construction is proposed, the tree permit will also include protection for trees that will remain OR b. If tree is dead/hazardous / etc. = easy approval 3. Tree permit is issued a. Approved tree removals are assigned mitigation fees, as applicable 4. If there is no proposed construction and the tree is not dead/hazardous / etc., the property owner seeks variation a. Human Services Committee votes on whether to grant the variation Background: Page 3 of 25 P1.Page 228 of 408 The Planning & Development Committee tasked the Evanston Environment Board with developing an ordinance that protects trees on private property. The EEB sought assistance from City staff, who looked into neighboring communities with a private tree ordinanc e. Municipal staff from those communities shared that their private tree ordinances are largely ineffective in protecting trees because they do not deter removal; instead, they impose large mitigation fees for property owners who remove trees, which disproportionately impacts financially vulnerable property owners. It is the opinion of these municipal staff that this model of private tree ordinance is "better than nothing" because "at least some trees are being planted on private property." The only community with a different type of tree preservation ordinance is Wilmette, and City staff spoke at length with Wilmette's staff. Wilmette only allows for tree removal when the request is associated with a building permit. To remove a tree without an associated b uilding permit, property owners must seek a variation from the Village Board; there have been no such variation requests in the two years since the ordinance was passed. City staff's goals for this ordinance were to 1) meet the Environment Board's objec tive of preserving and protecting all trees in Evanston and 2) protect financially vulnerable property owners from undue burden. Ordinance 15-O-23 requires property owners to demonstrate why removing their trees is critical and is modeled after Wilmette's ordinance. In practical terms, the 15-O-23 creates an opportunity for certified, qualified arborists to engage with property owners and prescribe best practices for preserving and protecting trees. Lastly, it should be noted that Ordinance 15-O-23 explicitly provides a clear, easy path for removing trees when they are not positively contributing to the community. These trees may be dead, extremely hazardous, invasive, sufficiently infected or infested to warrant removal, or otherwise detrimental (i.e., right tree, wrong place). Community Development Department Concerns: The Community Development Department has concerns about unintended consequences this ordinance could have on the building permitting process and potential impact on development, including: • Property owners may not be aware that trees on private property are covered in Ordinance 15-O-23 if it is located in Title 7 - Public Ways. • Implementing the Tree Preservation Permit in the Civic Platform would require changes to approximately 30 individual permit and zoning workflows. Much of this work is done by CD staff, not contractors, so not accounted for in the pricing estimate above. • Tree Preservation Permits will extend the zoning analysis and permit approval process for many regulated activities. The property owner would need to apply for a tree permit in advance of applying for a zoning analysis. From receipt of a complete Tree Preservation Permit submission, the Arborist has up to 14 days to perform a site visit before issuing a permit or requesting additional information. • Based on permits and zoning analyses in 2022, the following types of work that Tree Preservation Permits could potentially affect include are shown below: Page 4 of 25 P1.Page 229 of 408 • Permits for work on private property currently do not require inf ormation about neighboring properties. There is no motivation for neighbors to provide this information or allow the applicant access to their property to provide an accurate diagram of all existing trees within 25' of the project. Neighbors who oppose a p roject could delay its review and approval by not cooperating. • Projects on smaller lots of ≤ 30' that increase lot coverage or impervious surface coverage are more likely to impact trees on neighboring properties and require an accurate diagram of those trees with identification, disparately impacting property owners in low/moderate-income neighborhoods. • Property owners may be reluctant to plant trees if they feel that it will limit their ability to expand their home/property in the future or to plant replacement trees on site for the same reason. • Additional costs and extended approval times for building permits and construction may reduce the development of housing types such as detached and attached accessory dwelling units that provide smaller and more affordable housing options, particularly in high-cost single-family neighborhoods, and continue the pattern of demolishing modest homes to build large, single-family homes and counter efforts to develop mixed-income neighborhoods throughout Evanston to address economic segregation. • The proposed Tree Canopy Preservation Policy which will have details including the fee in lieu of planting replacement trees on site and current guidelines for protection plans for any impacted public or private trees, is needed fo r Councilmembers to fully understand Wilmette's ordinance. this implications other and cost the of Tree Regulations Manual is an example. • Addressing the City's CARP goals will be included in the Comprehensive Plan. How to protect and expand the City's tree canopy on both public and private property and the Page 5 of 25 P1.Page 230 of 408 impact that would have on other goals, including expanding new and differ ent housing types and increased density, could be assessed in a broader context. Legislative History: Staff introduced Ordinance 54-O-21, Amending Title 7, Chapter 8, Section 8 Tree Preservation at the May 10, 2021, Planning & Development Committee meeting with the following summary: “Discussion of a Tree Preservation Ordinance has been under consideration since a referral by Council Member Fiske in 2019. An Ordinance was tabled at the March 9, 2020 City Council meeting in order for staff to study how to implement the ordinance. It was discussed again at the June 8, 2020 City Council meeting, at which time staff recommended the staff report be accepted and placed on file, as there was no ability to implement due to staffing cuts associated with the COVID -19 pandemic response. Council Member CommitDevelopment & Planning to return this requested has Fiske the new for tee consideration.” Ordinance 54-O-21 was held in Committee pending staff review; Committee members directed staff to develop an ordinance that would account for equity so that financially vulnerable property owners are not disproportionately burdened. Staff presented a memo for discussion to seek direction from Council at the February 28, 2022, Planning & Development Committee meeting; the Environment Board was subsequently tasked with developing this ordinance. In the ensuing weeks, the Environment Board requested assistance from staff. Attachments: Ordinance 15-O-23 Amending the City Code regarding Private Tree protections Page 6 of 25 P1.Page 231 of 408 07/10/2023 15-O-23 AN ORDINANCE Amending Title 7, Chapter 8 of the City Code Concerning The Protection of Trees on Private Property WHEREAS, the City of Evanston has a long track record of action when it comes to climate change and has released a Climate Action and Resilience Plan (CARP) outlining the City’s efforts to be a climate ready and resilient city, an Evanston Project for the Local Assessment of Needs (EPLAN) to improve the effectiveness and efficiency of the public health system in the City, and passed Resolution 32-R-22, Declaring a Climate Emergency and an Immediate Mobilization Effort to Restore Climate Stability; and WHEREAS, the protection of plants, including trees on private property, in the City is critical to the City’s goal of preserving, restoring, and expanding the City’s urban tree canopy, natural habitat, species diversity, and green infrastructure; and WHEREAS, the Evanston City Council finds it is in the best interests of the City, including its people, other plants, and wildlife, to amend the City Code to add protections for plants in the City, including trees on private property; and WHEREAS, the Evanston Environment Board recommends that the Evanston City Council protect trees on private property as a matter of public heal th and well-being, and to preserve the numerous benefits that the urban trees provide to the entire community. Page 7 of 25 P1.Page 232 of 408 15-O-23 ~2~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 7-8-8-1 “Purpose and Intent” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 7-8-8-1. – PURPOSE AND INTENT A. Purpose and intent. This Chapter governs the maintenance, protection, removal and replacement of existing public and private trees, private trees located on any parcel of two (2) acres or more planned for a subdivision, and private trees within a planned development within the City of Evanston, in order to protect and preserve the urban forest and all of the benefits it provides to the commu nity. Active management of Evanston’s tree canopy landscape and to fulfills the objectives identified in the Evanston Comprehensive Plan and the Climate Resilience Plan (CARP). B. Objectives. The protection of trees as a valuable community resource also accomplishes the following objectives: 1. Stabilize valuable topsoil by preventing or minimizing unnecessary soil erosion and sedimentation; 2. Assist in proper stormwater runoff in order to decrease the costs associated with flooding; 3. Protect the important link in the hydrologic cycle that trees provide through the transpiring of water and the neutralization of wastes that pass through to the groundwater table and other aquifers; 4. Aid in the reduction of air pollution through the removal of harmf ul carbon dioxide and the generation of oxygen; 5. Provide a buffer and screen against noise pollution; 6. Provide a haven and nesting areas for birds, insects, and other forms of wildlife that are essential to the maintenance of the food chain and that he lp control and eliminate disease-carrying mosquitoes; 7. Reduce energy consumption through the windbreak and shade effects of trees; 8. Protect and increase property values in a manner that maintains each property owner's enjoyment of his or her property; Page 8 of 25 P1.Page 233 of 408 15-O-23 ~3~ 9. Conserve and enhance the City's physical and aesthetic environment; 10. Eliminate trees that constitute a threat, danger, or nuisance to the public or to property in the City, or that may be dangerous to the health of other trees and vegetation in the City; 11. Protect and enhance the quality of life and the general welfare of the City and its residents; and 12. Restore, to the greatest extent possible, denuded soil that results from construction and grading work accompanying development. SECTION 2: Section 7-8-8-4 “Protected Trees” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 7-8-8-4. - PROTECTED TREES. A. Identification of trees by group. Trees species within the City are defined into four (4) groups:, groups A, B, C, and D, based on ratings provided in the tree species standards for species characteristics including ecosystem and habitat contributions, climate adaptability, management requirements, and physiological traits. environmental adaptability, biological traits, longevity, maintenance needs, and landscape value. Group A trees are the highest rated trees and most valuable trees and group D trees are the lowest rated and provide the fewest desirable ecosystem and community benefits . A description of each group and the The complete list of species in each group is set forth is in the City’s Tree Canopy Preservation Policy, as set forth in Appendix A, Subsection 7-8-8-13 of this Section. B. Protected Trees trees designated. 1. Protected Trees trees are those trees in groups A, B, C, and C D (as defined in the City’s Tree Canopy Preservation Policy) with the a minimum dbh DBH as listed below: Protected Trees Minimum DBH All public trees 2 inches Group A 3 6 inches Group B 6 inches Group C 10 6 inches Group D 6 inches Page 9 of 25 P1.Page 234 of 408 15-O-23 ~4~ 2. When a Pprotected Ttree has a multi-stemmed trunk system and has a maximum height of less than twenty (20) feet , the minimum dbh DBH shall be determined utilizing the trunk having the largest measurement as determined by a calculation in inches at a point four and one -half (4.5) feet above the existing grade at the base of the tree. The DBH of a multi-stemmed Protected Tree with a maximum height greater than twenty (20) feet shall be calculated by aggregating the DBH of all trunks. C. Exclusions. Protected trees do not include trees with a dbh DBH below the minimum dbh DBH as provided in Subsection B of this Section , or group D trees. SECTION 3: Section 7-8-8-5 “Regulated Activities” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 7-8-8-5. - REGULATED ACTIVITIES. A. Regulated activities designated. The following activities are regulated activities and are subject to the provisions of this Section: 1. Any activity on public or private property within twenty five (25) feet of any part of a Protected Tree as defined in this Section, including: that will cause, or is reasonably likely to cause, the damage or removal of a tree or trees with a dbh of two (2) inches or greater, including, without limitation: a. The subdivision of property measuring two (2) acres or larger pursuant to the City subdivision ordinance; b. Any activity commenced pursuant to a planned development granted in accordance with this Code; c. a. Any activity on public or private property requiring the issuance of any construction permit pursuant to any City ordinance, including, without limitation, excavating, digging, compacting, boring, or other construction or building activity within 25 feet of any tree (including its trunk, limb, and roots) as outlined in the City’s Tree Canopy Preservation Policy grading, building, sewerage, water, plumbing, or other permits; and d. b. Any activity involving construction, earthmoving, demolition, or vehicular traffic, or any similar activity, occurring within a critical root zone of a Protected protected Tree tree, with the exception of regularly scheduled maintenance activities performed by City of Evanston employees. 2. The removal of exotic and invasive species with a dbh DBH of two (2) inches or greater on public property and six (6) inches or greater on private property . Page 10 of 25 P1.Page 235 of 408 15-O-23 ~5~ B. Limitation on damage or removal of trees. This Section applies to the damage or removal of any tree in the course of the regulated activities described in this Section. All regulated activities must be planned and performed in a manner, to a degree, and with sufficient equipment and personnel so as to: 1) Reasonably involve the least amount of damage or removal of trees; and 2) Not defeat or be inconsistent with the purposes and intent of this Section. C. Regulated activities involving construction. An applicant for any regulated activity involving construction activity must submit a tree protection plan in accordance with Subsection 7-8-8-8 of this Section and a tree replacement security in accordance with Subsection 7-8-8-7-J of this Section. SECTION 4: Section 7-8-8-6, “Permit Requirements,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 7-8-8-6. – PERMIT APPLICATION REQUIREMENTS. A. Permit and compliance required. Submission Requirements for Tree Preservation Permits. No person may conduct or will be entitled to any permit for any activity associated with a regulated activity unless a valid tree permit for the activity is issued in accordance with this Section. No person will be entitled to any tree permit unless the subject property, upon the issuance of the tree permit, is in strict compliance with the terms and provisions of this Section and the terms and provisions of all other applicable laws, ordinanc es, rules, and regulations of the City and of all other governmental agencies having jurisdiction. 1. Formal application. The City Manager, or designee, shall accept tree preservation permit applications and shall review once the application is considered complete. 2. Content of application. The application shall include the following information: a. Name, address, and contact information of the property owner or contracted entity proposing regulated activities on the property; b. The description of the regulated activity; c. A diagram, as described in the City’s Tree Canopy Preservation Policy, depicting all existing trees, and their distance from current and proposed infrastructure and construction. Any trees proposed for removal shall be labeled; d. All other materials as described in the City’s Tree Canopy Preservation Policy. B. Procedure for Tree Preservation Plan Review and Permit Issuance . 1. Application: An application is complete when all required materials are received. Page 11 of 25 P1.Page 236 of 408 15-O-23 ~6~ 2. Action on Application: The City Manager or designee may perform a site visit and, within fourteen (14) business days, shall, in writing, request additional information as necessary, or issue the tree preservation permit. 3. Permit Issuance. Upon approval or approval with conditions, the City Manager or designee shall notify the property owner or contracted entity and issue a tree preservation permit. C. No construction. Tree removal of Protected Trees is not permitted if regulated activity as described in this Section is not proposed. The property owner(s) must request a variation from the Human Services Committee and City Couincil. 1. Tree Replacement or Mitigation required. When a tree removal permit is granted, the tree preservation permit shall include the number of required replacement trees or a mitigation fee per Section 7 -8-8-7. D. B. Exceptions. 1. Pruning. A tree permit is not required for the pruning any private tree in compliance with the national industry-recognized pruning standards completed by a certified and qualified professional. 2. Tree and City emergencies. In the event that a tree may imminently cause harm to people and/or property, In response to notice of an existing tree emergency, the Mayor or the City Manager or his/her designee, are each is authorized to waive the requirement for a tree permit or tree permit application prior to removal or other work resulting in a significant impact to the Protected Tree. The property owner(s) and/or other person whose life or property may imminently be harmed by a hazardous tree If a tree emergency occurs, the person endangered by the tree emergency may take any reasonable action necessary to avoid or eliminate mitigate the immediate danger and/or hazard. The This action must align with best practices developed by the International Society of Arboriculture (ISA) and ISA risk assessment algorithms that minimize the likelihood of inadvertent damage to or removal of any trees. taken must be an action that is least likely under the circumstances to cause damage or removal of any trees, and t The City assumes no responsibility or liability for any action taken. The person individual or entity taking the action must report all response activities the action taken to any of the above City officials as soon as safely possible immediately after the action is taken and file an after-the-fact tree application preservation permit application within forty-eight (48) hours. , which the The City Manager or his/her designee will review the request and if the tree was sufficiently hazardous to justify damage to or removal of the tree(s), a retroactive . If the City Manager or his/her designee determines that a tree emergency existed which justified the damage or removal of the tree(s), an after-the-fact tree preservation permit will be issued with appropriate fees but no penalties. with no permit fee charged. If the City Manager or his/her designee determines that the hazard was not sufficient no emergency existed to justify the damage or removal of the tree(s), then the action will be deemed a Page 12 of 25 P1.Page 237 of 408 15-O-23 ~7~ violation of this Section, and the damaged or removed tree(s) will be subject to replacement and mitigation fees must be replaced pursuant to this Section. 3. City-let led projects. Tree preservation permits will be required for all City -let led projects which have been reviewed by the Public Services Bureau, but all permit fees will be waived. 4. Dead, extremely hazardous, imminently dying, Group D, or other invasive trees with a DBH greater than six (6) inches may be removed with a tree preservation permit, and mitigation is encouraged. 5. Trees on private property with a DBH of less than six inches (6”) may be removed, and mitigation is encouraged . SECTION 5: Section 7-8-8-7, “Tree Replacement,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 7-8-8-7. - TREE REPLACEMENT. A. General requirements. Any Pprotected Ttree damaged or removed in the course of a regulated activity must be replaced by the applicant pursuant to this Section and as depicted in a tree replacement plan pursuant to Subsection 7-8-8-7.I of this Section, regardless of whether the Pprotected Ttree is located on the same lot on which the regulated activity takes place; except, that the City Manager or his/her designee may, pursuant to Subsection G of this Section, consider a request to submit a mitigation fee in lieu of the replacement of trees, and except for the exemptions in Subsection B of this Section. No Any replacement tree may shall have a caliper between one (1) and two (2) inches less than two and one-half (2½) inches. B. Exemptions. Tree replacement will not be required if the City Manage r or his/her designee determines that any of the following circumstances exist: 1. When a Pprotected Ttree, due to natural causes, is dead, extremely hazardous dangerous, or interferes with any existing or proposed public improvements , is in dangerous proximity to any public utility lines or related facilities, or is imminently dying, sufficiently hazardous, a diseased tree or dangerous tree or otherwise unsafe, unhealthy, or insect infested such that it and constitutes a hazard to persons, property, or other plants or wildlife trees. 2. When a Pprotected Ttree, due to natural causes, obstructs any street, sidewalk, or any pedestrian path to an extent that the Pprotected Ttree interferes with free passage Page 13 of 25 P1.Page 238 of 408 15-O-23 ~8~ and clear view along the street, sidewalk or path, and at any street, alley or driveway intersection. 3. When the removal of a Pprotected Ttree is necessary to comply with the current standards or best practices generally observed by certified and qualified forestry professionals in the forestry profession. 4. When the removal involves only the removal of class D trees or exotic and invasive species and does not involve any protected tree. 5. When the protected tree to be removed is located within the foundation footprint of an addition which creates additional gross floor area for an existing structure; provided, that the combined gross floor area for the existing structure and the addition is compliant with the maximum gross floor area restrictions for the structure under this Code and that the addition does not require any variations. In this event, replacement trees will be required only for fifty (50) percent of the removed protected trees within the construction footprint, at the replacement rate set forth in Subsection C of this Section. 6. When the protected tree to be removed is located within the foundation footprint of an addition which creates additional gross floor area for a structure designated as a landmark pursuant to this Code; provided, that the combined gross floor area for the existing structure and the addition is compliant with the maximum gross floor area restrictions for the structure under this Code, that the addition does not require any variations, and that the City Historic Preservation Commission has conducted an advisory review pursuant to this Code and determined that the addition is consistent with the purposes and goals of the City Historic Preservation Commission regulations. In this event, replacement trees will not be required for the removed protected trees within the construction footprint. 47. When the removal of a Pprotected Ttree is due to a pre-existing conflict with existing underground utilities and obstructs the repair or replacement of those utility services, and there is no reasonable alternative method to re-route the utility line to avoid removal of the tree. C. Replacement formula. Pprotected Ttrees on public property must be replaced by gGroup A trees pursuant to the replacement rate specified in this Subsection. When a tree removal permit is issued, Protected Trees on private property shall be replaced with Group A or B trees, or other high-ecosystem value native trees as approved by the City Manager or designee. The tree replacement rate is determined by the group designation (public, A, B, C, or D) of the removed Protected Tree. species of tree removed. For each inch of dbh DBH removed, replacement trees must be provided at the rate shown in Table XX. the following table. For example, for every inch in diameter of a removed group A tree, each inch removed must be replaced with one and one- Page 14 of 25 P1.Page 239 of 408 15-O-23 ~9~ quarter (1.25) inches in diameter of replacement trees: The mitigation formula for the number of required replacement trees shall be: (DBH of removed tree x coefficient/(caliper size of replacement trees) = required number of replacement trees. Species Removed Diameter Of Tree Removed Replacement Rate All public trees 1 inch 125 percent Group A 1 inch 125 percent Group B 1 inch 75 percent Group C 1 inch 50 percent Size Class Public Trees Group A Group B Group C Group D 2-6” 125% Encouraged Encouraged Encouraged Encouraged Greater or equal to 6” but less than 10” 125% 100% 100% Encouraged Encouraged Greater or equal to 10” but less than 20” 150% 125% 125% 100% Encouraged Greater or equal to 20” but less than 40” 175% 150% 150% 100% Encouraged Greater than 40” 175% 125% 125% 75% Encouraged D. Specifications. All replacement trees must be: 1. Provided by the applicant at the replacement rate specified in Subsection C of this Section; 2. Of a species listed in Ggroup A for public tree replacement or Groups A or B or other high-ecosystem value native trees for private property tree replacement as set forth in the City’s Tree Canopy Preservation Policy Appendix A, Subsection 7-8-8-13 of this Section; 3. Between one (1) and two (2) caliper inches At least two and one-half (2½) caliper inches; 4. Grown in within the northeastern Illinois region or within a seventy-five two-hundred- mile radius of Evanston; Page 15 of 25 P1.Page 240 of 408 15-O-23 ~10~ 5. In conformance with the nursery stock standards; provided, however, that in the event that the implementation or enforcement of the nursery stock standards conflicts with the implementation or enforcement of the tree care standards, the provisions of the tree care standards will control; 6. Pursuant to a written time schedule approved by the City Manager or his/her designee; 7. Planted in a location approved in advance by the City Manager or his/her designee; and 8. Inspected by the City Manager or his/her designee prior to planting if planted on public property. E. Care of replacement trees. The applicant will be solely responsible for the care and management feeding of newly planted trees for a period of three (3) two (2) years, which time shall commence upon the issuance of a final certificate of occupancy for the property as required pursuant to the City building regulations or, if no final certificate of occupancy is required, upon completion of the tree replacement plan as determined by the City Manager or his/her designee pursuant to Subsection I of this Section. The care and management feeding of newly planted trees must, at a minimum, adhere to the tree care standards generally recognized by the International Society of Arboriculture, ANSI, or other nationally recognized tree planting standards. F. Alternative locations. The City Manager or his/her designee may reduce the number of replacement trees to be planted on the subject property and designate alternative locations for new trees on the subject property upon determining that full tree replacement will result in unreasonable crowding of trees or would be otherwise inconsistent with current standards generally observed by forestry professionals. If the City Manager or his/her designee cannot identify an appropriate alternative location on the subject property for a tree, that tree may be replaced by a fee in lieu of replacement pursuant to Subsection G of this Section. G. Fee in lieu of replacement. 1. Modification of tree replacement requirement. The City Manager or his/her designee may permit the applicant to pay a fee in lieu of any portion of the tree replacement requirements if the City Manager or his/her designee determines that replacing trees at the full replacement rate provided by Subsection 7-8-8-7.C of this Section would: a. Result in the unreasonable crowding of trees upon the subject property or upon a public right-of-way immediately adjacent to the subject property; or b. Adversely impact the viability of existing trees on the subject property; or Page 16 of 25 P1.Page 241 of 408 15-O-23 ~11~ c. Not be consistent with the current standards generally observed by professionals in the forestry profession. 2. Calculation of fee. Upon a determination by the City Manager or his/her designee that an applicant has demonstrated one (1) or more of the above, in lieu of providing replacement trees at the required replacement rate, the tree replacement plan will be modified to require the applicant to: a) replace the tree(s) at the replacement rate in Subsection 7-8-8-7.C of this Section; and b) pay a tree replacement mitigation fee of one hundred fifty dollars ($150.00) per caliper inch diameter inch using the mitigation formula: (DBH removed tree x coefficient x cost of planting one replacement tree) / (caliper inch of replacement trees) = mitigation fee in lieu of number of replacement trees. The most current tree replacement practices and rates (such as standard caliper inch of replacement trees and cost of planting one replacement tree) shall be publicly available in the City’s Tree Canopy Preservation Policy. This mitigation fee represents the value of trees as a resource that provides benefits to the ecosystem and to Evanston as a community. All tree replacement mitigation fees collected by the City will be used to promote the purposes of planting managing and maintaining a healthy urban tree canopy trees in the City, including tree planting and health care. H. Waiver or modification of provisions. Where a previous zoning or subdivision approval contains conditions which fully accomplish the goals and purposes of this Section, the City council may waive or modify the requirements of this Section. The waiver or modification may be revoked at any time that any condition imposed pursuant to the approval is violated. I. Tree replacement plan. 1. Required. A tree replacement plan must be approved filed with all issued tree permits applications for a regulated activity involving the removal replacement of one (1) or more Pprotected Ttrees. 2. Contents of plan. A tree replacement plan must contain the following information: a. A brief description of the applicant's plan for the replacement of protected trees in accordance with the requirements in this Section. The description must specifically include, without limitation, the replacement and planting methods and technologies that the applicant intends to employ in order to satisfy the requirements of this Section. b. The number, size, species, and proposed location of the trees that the applicant is required to plant or replant, if any, pursuant to the requirements of this Section. c. Other data and information as the City Manager or his/her designee deems necessary in order to comply with the requirements of this Section, as set forth in the administrative manual. Page 17 of 25 P1.Page 242 of 408 15-O-23 ~12~ J. Security requirements. 1. Security required. Every tree replacement plan must be accompanied by a tree replacement security, except as modified or waived by the City Manager or his/her designee pursuant to Subsection J.5 of this Section. The tree replacement security must consist of: a. A cash deposit to be held in escrow by the City; b. An irrevocable letter of credit issued by a lender authorized to issue the letter by any state or by the United States; c. A bond with good and sufficient surety; or d. Another form of security approved by the City Manager. 2. Amount. The amount of the tree replacement security will be determined by the City Manager or his/her designee and must be equal to three (3) times the total actual cost of strictly complying with and fully implementing the tree replacement plan, with any applicable adjustment for cost of living increases and/or inflation. 3. Replenishment of security. If, at any time, the City Manager or his/her designee determines that the funds remaining in the tree replacement security are not or may not be sufficient to pay, in full, the total actual costs of strictly complying with and fully implementing the tree replacement plan, then, within ten (10) days following a demand by the City, the applicant must increase the amount of the tree replacement security to an amount determined by the City Manager or his/her designee to be sufficient to pay the uncovered costs. Failure to so increase the amount of the tree replacement security will be grounds for the City to retain or draw down any remaining balance of the tree replacement security. 4. Return of security. Upon completion of the tree replacement plan pursuant to Subsection I.3 of this Section, the tree replacement security, or any remainder thereof, will be returned or released to the applicant. 5. Limited waiver. Where a tree permit application concerns the damage or removal of trees unrelated to construction activity, the City Manager or his/her designee may, modify or waive the requirement for submittal of the tree replacement security if the City Manager or his/her designee determines that the tree replacement security is not necessary for the limited damage or removal and that the purposes of this Section will be fulfilled without submittal of the tree replacement security. JK. Failure to comply. 1. Notice. If, at any time, the City Manager or his/her designee determines that the applicant has failed to comply with or implement the tree replacement plan, the City Page 18 of 25 P1.Page 243 of 408 15-O-23 ~13~ Manager or his/her designee will notify cause notice of the failure to be served upon the applicant and will order the applicant to fully comply seek compliance with the tree replacement plan within fourteen (14) days following mailing or personal delivery of the notice. The notice must be personally served or sent by certified mail, return receipt requested, to the applicant and must notify the applicant that, absent an appeal pursuant to Subsection K.3 of this Section, unless full compliance with the tree replacement plan is achieved within fourteen (14) days from the date of mailing or personal delivery of the notice, the City may proceed to perform or cause to be performed work the City Manager or his/her designee determines necessary to achieve full compliance with the tree replacement plan. 2. Opportunity to comply. Absent an appeal pursuant to Subsection K.3 of this Section, within thirty (30) fourteen (14) days following mailing or personal delivery of the required notice, the applicant must take action as is necessary to strictly comply with and implement the tree replacement plan. 3. Appeal. Within fourteen (14) days following personal delivery or mailing of the required notice, the applicant may appeal the City Manager or his/her designee's determination by filing an a written notice of appeal with the City Manager or designee. The filing of an appeal will toll the thirty-day period in which the applicant is required to take action pursuant to Subsection K.2 of this Section from the date on which the City Manager receives the applicant's notice of appeal. Upon receipt of a notice of appeal, the City Manager or designee will review all reliable and relevant documents and information pertaining to the City Manager or his/her designee's determination appeal. The City Manager or designee must render a written decision on the appeal no later than fourteen (14) thirty (30) days after the City Manager receives the written notice receipt of an appeal. The City Manager or designee must notify the applicant of the City Manager's decision within two (2) days after the decision and must provide the applicant a copy of the decision. The action taken by the City Manager or designee will be final. The tolling of the thirty-day period will cease upon the applicant's receipt or notice of the City Manager's decision. 4. City right to complete work. If the applicant neglects or refuses to fully comply with and implement the tree replacement plan within the thirty-day period during planting season pursuant to this Subsection, then the City Manager or his/her designee, with the consent of the City Manager, and, if applicable, upon the denial of any applicable appeal, will be authorized to perform or to cause to be performed enter into a contract to perform work necessary to ensure strict compliance with and full implementation of the tree replacement plan. The City Manager or his/her designee will have the right to deduct, liquidate, draw down, or apply an amount equivalent to three (3) times the actual costs of the work from the tree replacement security, as well as to exercise all Page 19 of 25 P1.Page 244 of 408 15-O-23 ~14~ other rights and remedies available to the City, including, without limitation, any applicable lien rights. SECTION 6: Section 7-8-8-8, “Tree Protection Plan,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 7-8-8-8. – TREE PROTECTION PLAN. A. Plan required. If a regulated activity includes construction activity within twenty-five (25) feet of any public or private tree, a tree preservation permit will include a protection plan for any impacted public or private trees. Guidelines for these protections will be included in the Tree Canopy Preservation Policy,, the applicant must, in addition to the tree replacement plan, submit a tree protection plan with the tree permit application. B. Construction activity area. The construction activity area is the area of the subject property that is the smallest area reasonably needed to undertake the proposed construction activity as determined by the City Manager or his/her designee. The construction activity area must include the entire area impacted affected by the proposed construction activity and must also include any access route across the public right-of-way and the private tree preservation area. Construction activity must not be conducted or staged in any area of the subject property located outside the construction activity area. No excess soil, additional fill, liquids, or any construction materials or debris may be placed or located outside the construction activity area. Any temporary buildings, structures, and driveways constructed for or associ ated with the construction activity must be located so as to reasonably involve the least amount of damage or removal of trees, but must nevertheless be consistent with minimum building setback requirements of this Code. C. Contents required for of plan. A tree protection plan must consist of a site plan of the subject property upon which the information described in this Subsection must be graphically and accurately marked. 1. Location of the subject property, including street address and legal description . 2. Existing and proposed contours of the lot on which the construction activity is to take place. 3. 2. Existing and proposed buildings or structures on the lot. 4. 3. Proposed building elevations, if applicable. 5. 4. Proposed work access areas and routes. Page 20 of 25 P1.Page 245 of 408 15-O-23 ~15~ 6. 5. The name and contact information of the general contractor or project representative, if any, responsible for the proposed construction activity. 7. 6. A demonstration of the ways in which the applicant will ensure that the tree protection required by this Section will be achieved. 8. 7. A diagram of the trees on and around inventory for the subject property, consisting of a list of the following trees, identified by tag number : a) all the existing protected trees Protected Trees on the subject property; b) all trees Protected Trees on adjacent properties that are within twenty-five (25) ten (10) feet of the construction activity property line or that have a critical root zone extending into the subject property; and c) all public trees adjacent to the subject property or that may be impacted by any regulated activity. ; d) all Protected tTrees likely or proposed to be removed or damaged during construction must be labeled; e) trees must be labeled with distances to all existing and proposed infrastructure; f) all other requirements as required by the Tree Canopy Preservation Policy. The tree inventory must list, without limitation, the following data for each tree: Tag number, species, size in DBH dbh, condition rating, form rating , and any observed problems. 9. A tree survey for the subject property, which depicts the location and tag number of each tree described in the tree inventory. The tree survey must include, without limitation, a legend referencing the tag number, DBH dbh, species, general condition, and proposed disposition of existing protected trees located on or near the subject property and trees other than protected trees that are reasonably likely to be damaged or removed during the construction activity. The tree sur vey must also depict the planned location of all proposed trees to be planted or replanted on or near the subject property pursuant to the tree replacement plan. 10. An action plan for the subject property, consisting of a listing of the trees on the subject property, in chart form, that identifies each tree by tag number and shows, for each tree, the following information: Species, size in DBH dbh, condition, form, percent of critical root zone saved, and the anticipated damage, removal, tree protection measures, or other action to be taken regarding each tree. 11. 8. Detailed specifications for maintenance and protection of pProtected trees and for the maintenance and protection of trees other than pProtected tTrees that are reasonably likely to be damaged or removed during implementation of the proposed construction activity, including, without limitation, proposed measures such as construction pruning, root pruning, critical root zone protection, installation o f a retaining wall or high visibility fencing, and auguring of utility lines when auguring is determined by the City Manager or his/her designee to be necessary to improve the chances of tree survival. 12. 9. Detailed specifications for tree protection fen cing on the subject property, to be placed at a minimum: a) along the property frontage from property line to property line to completely separate the construction activity area; and b) around the critical root Page 21 of 25 P1.Page 246 of 408 15-O-23 ~16~ zone of each protected tree. These specificat ions must also include the identification and clear delineation on the site plan of the construction activity area and the tree protection area and their respective perimeters. D. Protection area. The tree protection area is the area of the subject propert y not included in the construction activity area. No construction activity may be conducted in the tree protection area. All reasonable measures and protective materials must be employed to preserve and safeguard trees located within the tree protection ar ea. Protective materials must include, without limitation, the temporary installation of high visibility fencing or other similar materials in the sizes and at the locations specifically approved by the City Manager or his/her designee. All protective meas ures and materials must be in place and approved by the City Manager or his/her designee prior to the commencement of any construction activity. Protective materials may not be removed until the City Manager or his/her designee approves the removal after t he completion of all construction activity. No attachments, fences, or wires, other than those approved for bracing, guying, or wrapping, may be attached to any pProtected tTree during the construction activity. E. Stop work order. 1. If the protective measures and materials required by this Section, or any other related measures or materials otherwise required by this Section, are not fully implemented and completely constructed prior to commencement of construction activity, the City Manager or his/her designee may issue a stop work order until the applicant fully complies with the requirements of this Section. 2. If protective measures and materials constructed and employed on the subject property are not adequately maintained in a manner that protects pProtected tTrees and the tree protection area, the City Manager or his/her designee may issue a stop work order until the measures and materials are repaired, restored, and constructed to the satisfaction of the City Manager or his/her designee. SECTION 7: Section 7-8-8-9, “Inspections and Surveys,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 7-8-8-9. – INSPECTIONS AND SURVEYS The City Manager or his/her designee will, on a regular basis, conduct inspections and surveys as necessary to monitor the trees in the City and to determine the existence, nature, and extent of violations of this Section. SECTION 8: Section 7-8-8-10, “Appeals,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: Page 22 of 25 P1.Page 247 of 408 15-O-23 ~17~ 7-8-8-10. – VARIATIONS AND APPEALS. A. Applications for variations shall be reviewed and decided in accordance with the following procedure: 1. Public Hearing: Upon receipt of a completed application for a variation, the Human Services Committee shall review at a regularly scheduled public meeting. 2. Public Notices: A sign shall be posted on the property for a minimum of ten (10) working days prior to the public meeting indicating the place, time and date of the meeting. 3. Standards for Granting Variations: Variations may be authorized by the Human Services Committee upon making findings that the proposed variation satisfies the following standards: a. The practical difficulty is not self-created. b. The requested variation will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties. c. The requested variation is in keeping with the comprehensive general plan and other adopted plans. d. The requested variation is consistent with the preservation policies set forth in the comprehensive general plan. e. The requested variation requires the least deviation from the applicable regulation among the feasible options identified. 4. Human Services Committee Decision: Following the review of the application materials, the Human Services Committee shall either approve, approve with conditions, or deny the application for a variation. A. Overview. The appeal procedure is provided as a safeguard against arbitrary, ill considered, or erroneous administrative decisions. It is intended to avoid the need for resort to legal action by establishing local procedures to review and correct administrative errors. It is not, however, intended as means to subvert the clear purposes, meanings, or intents of this Section or the rightful authority of the City Manager or his/her designee to enforce the requirements of this Section. To these ends, the reviewing body should give all proper deference to the spirit and intent embodied in the language of this Section and to the reasonable interpretations of that language by those charged with the administration of this Section. B. Appeals to City Manager. Appeals from any decision of the City Manager or his/her designee may be taken by an applicant or any other person adversely affected by the decision by filing a written notice of appeal with the City Manager within five (5) days following receipt or notice of the City Manager or his/her designee's decision. Upon receipt of the written notice of appeal, the City Manager will review the relevant evidence, documents, or information, and may receive and consider new evidence. The Page 23 of 25 P1.Page 248 of 408 15-O-23 ~18~ City Manager or designee will render a recommendation written decision and transmit such decision recommendation to the City Council at their next regularly scheduled meeting. Upon receipt of the recommendation, City Council will review the relevant evidence, documents, or information and may receive and consider new evidence, and make a decision. The decision of the City Council will be final. to the appealing party within fourteen (14) days after receipt of the written notice of appeal. The decision of the City Manager will be final except for appeals to the City Council pursuant to Subsection 7-8-8-7.C of this Section. C. Final appeal to City Council. In cases concerning tree replacement requiring a replacement rate pursuant to Subsection 7-8-8-7.C of this Section of one hundred (100) inches or more, a party may appeal the City Manager's decision to the City Council within fourteen (14) days after its transmittal to that party by filing a written notice of final appeal with the City Council. Upon receipt of the written notice of final appeal, the City Council will review the relevant evidence, documents, or information and may receive and consider new evidence. Within thirty (30) days after receipt of the written notice of final appeal, the City Council will render a written decision at a regularly scheduled meeting. Such decision may reverse, affirm, or modify, in whole or in part, the action appealed from and may include such order or determination as, in the opinion of the City Council, is proper to be made in the circumstances. If no regularly scheduled meeting occurs within thirty (30) days of receipt of the notice of final appeal, the City Council will render its written decision at the next regularly scheduled meeting thereafter. The written decision of the City Council will be final. D. C. Stay of regulated activities. The filing of a written notice of appeal pursuant to this Section will operate as a stay of the regulated activities related to that appeal, and no such regulated activity may proceed until a final decision is rendered on the appeal pursuant to this Section. SECTION 9: This ordinance shall be in full force and effect as of 12:00 a.m. March 1, 2024. SECTION 10: All ordinances or parts of ordinances in conflict herewith are hereby unconditionally repealed in their entirety. The terms and provisions of this Ordinance shall be liberally construed so as to effectuate the purposes set forth in the recitals to this Ordinance. Each and every section in this Ordinance is to be construed and interpreted severally. SECTION 11: The findings in this Ordinance, and the legislative Record, are declared to be prima facie evidence of the law of the City of Evanston and shall be Page 24 of 25 P1.Page 249 of 408 15-O-23 ~19~ received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 12: 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 eff ect without the invalid application or provision, and each invalid provision or invalid application of this Ordinance is severable. Introduced: _________________, 2023 Adopted: ___________________, 2023 Approved: __________________________, 2023 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Nicholas E. Cummings, Corporation Counsel Page 25 of 25 P1.Page 250 of 408 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of the Planning and Development Committee From: Melissa Klotz, Zoning Administrator CC: Elizabeth Williams, Planning Manager; Sarah Flax, Community Development Director Subject: Ordinances 68-O-23 and 69-O-23 Amending Title 6 of the City Code with an Omnibus Text Amendment Package to Provide Clarifications and Updates to the Zoning Ordinance. Date: July 10, 2023 Recommended Action: The Land Use Commission recommends the adoption of Ordinances 68-O-23 and 69-O-23, an Omnibus Text Amendment Package to clarify and update regulations in the Zoning Code pertaining to signs, Transit Oriented Development (TOD) areas, unique adaptive uses, accessory structures, loading berths, patios and terraces, mixed-use markets, and adjustments to development plans. These text amendments were identified and referred by the Land Use Commission to address current zoning and land use issues that need clarification and updating immediately and that should not wait for the new Zoning Ordinance and Comprehensive Plan. The proposed Zoning Ordinance clarifications and updates meet the Standards for Approval for text amendments. CARP: N/A Council Action: For Introduction Summary: Background: Similar to past yearly omnibus text amendments processed and successfully adopted, the Land Use identified has staff, Zoning & with several conjunction in Commission, Planning amendments to the Zoning Ordinance that should be addressed to either provide clarification on existing policies or simple modification to the code to address today's best land use practices. P2.Page 251 of 408 The new Comprehensive Plan and Zoning Ordinance are in the beginning stages, with the City currently selecting a consulting firm and establishing a work plan. The new Zoning Ordinance is anticipated in approximately 24 months. The following text amendments are necessary now and should not wait for the new Zoning Ordinance. Proposal Overview: Amend the definition and applicability of Unified Comprehensive Sign Plans and establish a review process with the Land Use Commission as the final determining body (Chapters 3, 19). 1. The Sign Code was moved out of the Building Ordinance and into the Zoning Ordinance as part of the 2022 omnibus text amendment package to align with best practices and signage regulation/enforcement via zoning, similar to many surrounding communities. The existing regulations that were moved featured an unclear process and definitions related to Unified Comprehensive Sign Plans. The following clarifications are suggested to establish a process where the Land Use Commission is the determining body for the adoption of Unified Comprehensive Sign Plans: Unified Comprehensive Sign Plan - A plan providing specific sign type, number, placement, size, height, and design requirements for development located on premises for which unique design considerations for signs may be considered and applicable. set of criteria and a format approved by the Land Use Commission for all signs to be located on the premises of a Unified Business Center. Directory Sign - A sign intended for viewing while within a premises, either by pedestrians or those driving vehicles, and is not legible from a public right -of-way. which indicates the name and/or address the occupants of a premises of accommodating multiple occupants. Unified Business Center - A premises containing four (4) or more individual non- residential occupancies sharing a common building. Unified Sign Plans should be established in the following scenarios (but are not required): ● Frontage along two or more public rights away (excluding alleys) ● 200 feet or more of frontage ● Three or more tenant spaces within one building on a premises ● Two or more buildings on the premises ● Consist of 75,000 square feet or more of land area ● A complete application for a planned development has either been filed or has been approved for more than half or all of the premises ● Premises with unique property or building characteristics that may result in signage that does not otherwise meet the requirements of the Sign Code Unified Sign Plans should be limited to one Primary Sign with regulations that are similar to other existing portions of the Sign Code. The Primary Sign could be regulated as follows: Page 2 of 69 P2.Page 252 of 408 ● One freestanding sign per premises that does not exceed 0.1% of the lot area of the premises nor a maximum of 120 sq. ft. ● Counts as one of the allowed freestanding signs on the premises for properties that are allowed more than one freestanding sign ● Conforms with all other signage regulations A Unified Sign Plan request would include the format for all signs to be used on the premises in the center, including maximum size, color, location, illumination details, lettering type, mounting details, and (if any) landscaping details. A Unified Sign Plan request would then proceed through a process similar to the major variation process (500 ft. public notice radius, public hearing with the Land Use Commission, final determination by the Land Use Commission) and would reduce the overall need for sign variations by establishing appropriate, site-specific signage regulations for unique properties. 2. Modify eligible Major and Minor Variations related to signs and establish Standards for Approval for Major and Minor Variations related to signs (Chapters 3, 19). When the Sign Code was moved out of the Building Ordinance and into th e Zoning Ordinance, sign variations transitioned to the existing minor and major zoning variation processes, which include specific Standards for Approval. Once the change was implemented and multiple signage requests were reviewed by staff that would trig ger variations, it was determined the Standards for Approval were not appropriate for the regulation of signs. As written, the minor and major Standards for Approval may (and likely would) be interpreted so that no signage variation request could be grante d. Interpretation of the existing Standards for signage has effectively brought all sign variation requests to a halt over the last year; the only sign variation that proceeded was the building signage that proceeded on the City Council for a fiUL tall to nal determination due to the height requested. Additionally, as part of the 2022 move of the Sign Code, potential sign variations were split into minor and major variations depending on the requests. The split was based on past data of sign variations applied for and approved vs. denied. Once implemented, staff found far more sign variations triggered based on a more comprehensive interpretation of the signage regulations via a zoning lens, with an end result that a significant number of sign applications triggered major variations. Staff suggests shifting all sign variation requests to the minor variation process that is already established within the Zoning Ordinance. Most sign variation requests are for small-scale signage (i.e., blade signs, storefront signs, small freestanding signs) that are not highly impactful and should not proceed through a 90-day major variation process. The minor variation process takes approximately 30 days, and determinations may be appealed to the Land Use Commission. Before sign regulations were transferred into the Zoning Ordinance, sign variations were determined by the DAPR Committee (now defunct). New Standards for Approval for Signs are needed that are appropriate given the original intent of signage as an advertising agent and are suggested as follows: Page 3 of 69 P2.Page 253 of 408 1. Hardship. The proposed variation will alleviate some demonstrable and unusual hardship that arises due to factors including, but not limited to, location, site configuration, and/or building configuration. 2. No Prohibited Signs. The relief is not for any sign specifically prohibited by Section 6-19-6. 3. Not Harm Public Welfare. The proposed variation will not be materially detrimental to the public welfare. 4. Consistent with Intent. The proposed variation promotes the purpose of the Sign Regulations set forth in Section 6-19-2 of this Chapter. These proposed Standards for Approval for Signs are based on the previous Standards that existed for sign variations when they were located within the Building Code and are more appropriate for signage requests and evaluations. Minor variations for signs will continue to follow the established minor/fence variation process but will be determined based on the above-proposed Standards that are more appropriate for signage. 3. Amend the TOD (Transit Oriented Development) Area definition to encompass a consistent and predictable distance from mass transit lines (Section 6-18-3). The existing TOD Area definition was added to Title 6, Section 6-18-3, to be consistent with definitions provided in Title 5, specifically as they related to the Inclusionary Housing Ordinance (ordinance 117-O-16). The definition does not state a boundary distance for TOD areas; however, TOD area maps were generated, which explained the distance to be ⅛ mile from a transit station and ¼ mile from a transit station along a commercial corridor (e.g., Main Street, Central St., Chicago Ave., etc.). This distance is referenced within the City's 2017 TOD parking study as the metric for TOD areas and ultimately led to parking requirement updates for these areas. Applicable regulations have since been applied to developments within these boundaries. The zoning definition of TOD AREA should be updated to explicitly state the applicable distance from a transit station (rail only) to: TOD Area: The area that has the designation for an identified transit station and the area that is ⅛ mile from said station and ¼ mile from said station along a commercial corridor. The area provides for development that is compatible with and supportive of public transit and a pedestrian-oriented environment. 4. Clarify language and procedures for continuance requests to public hearings (Chapter 3). The Land Use Commission Rules (previously and since the most recent amendment) state requests for continuances to public hearings may be granted, while similar language within the Zoning Ordinance states continuances to public hearings shall be granted. In this instance, may mean optional, while shall means must. In the case of a conflict between the LUC Rules and the Zoning Ordinance, the Zoning Ordinance takes effect. Therefore, in order to follow the intended language of the LUC Rules with may, a text amendment to the Zoning Ordinance is needed. Page 4 of 69 P2.Page 254 of 408 The intent of establishing continuance requests as optional (may language) and at the discretion of the LUC is due to past public hearing experiences. In past years, continuances have, at times, been requested as a means to lengt hen the zoning entitlement process for applicants. In those instances, continued meetings did not include any new information or testimony. By changing the Rules to may language (done in the past to the Plan Commission Rules and continued over to the LUC R ules), continuance requests could be evaluated based on their specifics and true need for additional time vs. use of a continuance as a stalling tactic. The change worked well until it was realized the wording is in conflict with the Zoning Ordinance wording of shall. State law does not require specifics on which word (and intent) is required; therefore, a text amendment to align the use of may for the granting of continuance requests is appropriate and clarifies past practice. 5. Modify the Unique Use process into a Unique Adaptive Use process that is eligible for historic and non-historic properties (Section 6-3-7, Section 6-18-3). The existing R1 - Residential Preservation Unique Use is restrictive to the point of obsolescence – being used only once since its adoption to redevelop the former District- 65 headquarters at the northwest corner of Ridge Avenue and Dempster Street. Modifications to the Unique Use Process seek to facilitate the reuse of both historic and non-historic properties, most commonly buildings of assembly and institutional or industrial uses. The modifications further seek to remove common barriers to adaptive use to incentivize the use of this code, offset rehabilitation costs, and increase overall project feasibility. Adaptive use is a central tenet of preservation planning, but should not be limited to historically designated buildings. Allowing flexibility in the adaptive use of existing structures, both historic and non-historic, achieves the City's CARP goals through the retention of embodied energy, diversion of landfill waste, and a reduction in carbon footprint associated with new construction. Adaptive use further achieves affordability, economic development, and housing goals through diversified housing typologies and uses, while retaining the human-scaled built fabric associated with Evanston's identity and its residents' collective memories of place. Proposed modifications to the existing code include the following updates: ● Expand Unique Adaptive Use eligibility to non-historic structures ● Expand Unique Adaptive Use eligibility to all zoning districts ● Reduce process from Planned Development requirements (i.e. mailing radius and Standards for Approval) to Use requirements (noting a Planned Special Development could also be triggered if new structures/additions are proposed in conjunction with the Unique Adaptive Use). ● Elimination of parking requirement (noting sites are typically built up and additional parking is not feasible, and subject to Special Use approval that may require additional or off-site parking as a condition) Staff is aware of a variety of properties that are currently seeking redevelopment that would benefit from the updated Unique Adaptive Use process, including multiple Page 5 of 69 P2.Page 255 of 408 religious institutions that are looking to downsize or sell existing structures (ex. 2715 Hurd). 6. Clarify language that prohibits curb cuts to the street when alley access is present in Residential Districts (Chapter 8). The Zoning Ordinance currently states that any zoning lot in the R1, R2, R3, and R4a District (low-density residential) that is served by an alley is prohibited from establishing a driveway/curb cut through the front yard. The code states: In the [R1, R2, R3, R4a] district on any zoning lot served by an open alley, access to any on-site parking, enclosed or unenclosed, shall not cross the front lot line subject to the following exception: On properties improved with legally existing street loading garages or other on-site parking both served by legally existing curb cuts, as of the effective date hereof, said street loading garages or other on-site parking may be replaced even if on-site parking can access the subject property by an alley. The regulation is intended to limit driveways that cross public sidewalks and have direct street access when there is a safer option available. Curb cuts to the street disrupt the public sidewalk and increase the chance of conflict between pedestrians and vehicles. The Zoning Ordinance does not require the elimination of an existing driveway to a street, and any existing curb cut and driveway may be maintained and resurfaced. The wording of the regulation does not contemplate corner properties and the potential for curb cuts along the street side yard (rather than the front yard). Following a recent application for a curb cut for a driveway along a street side yard at a property with alley access, staff determined the intent of the regulation is to limit curb cuts to the exte nt possible, including along a street side yard, and therefore requests a modification to the existing requirement to add language to include "or street side yard" to the curb cut prohibition. 7. Clarify accessory structure required setbacks and yards in non -residential districts (Section 6-4-6). Within the Zoning Ordinance, each individual zoning district features a table that lists required setbacks. Residential District tables feature setbacks for the following: Residential Structures (principal) Non-residential Structures (principal) Accessory Uses and Structures Additional regulations for accessory uses and structures in residential districts are provided in Chapter 4, including what yards accessory structures are allowed within, and including reduced side yard setbacks for accessory structures located in rear yards (3' required instead of 5'). Page 6 of 69 P2.Page 256 of 408 Non-residential districts also list setbacks. However, non-residential districts do not list required setbacks for accessory uses and structures. Additional regulations for accessory uses and structures in non-residential districts are provided in Chapter 4 as well, including what yards accessory structures are allowed within, and including a 5' alley setback requirement for structures used for required parking. The Zoning Ordinance is silent regarding required setbacks in non-residential districts (other than the 5' alley setback requirement for structures used for required parking). Past policy established by zoning is that non-residential accessory structure setbacks are the same as residential accessory structure setbacks (typically 5' for side yards and 3' for rear yards, except for structures used for parking). There are non -residential districts that feature reduced setback requirements (including 0' setbacks). In those instances, it is unclear if the required setback should be interpreted as similar to residential requirements, or if the required setback should be interpreted as further reduced to follow the principal structure/building envelope setbacks. If interpreting the regulation to follow the principal structure/building envelope setbacks, rear yards (which typically feature increased principal structure setbacks) would be much more limited. nonclarification requests Staff that -(excluding structures accessory residential structures used for required parking) should follow the accessory structure setbacks for residential districts, or principal structure setbacks for the specific non-residential district, whichever is less. 8. Clarify open parking required setbacks and yards also apply to loading berths (Section 6-4-6, Chapter 16). Open parking setbacks are listed within the setback table for each zonin g district in the Zoning Ordinance. Open parking is typically allowed in rear yards only, and with 5' setbacks, though it does vary slightly by district. Loading berths are required for larger developments, based on use and square footage. Loading berth requirements depend on small (10' x 35') or large (12' x 50'), and may only be open to the air when located in rear yards. There is no mention of loading berth setbacks. It is logical to apply open parking setbacks to open loading berths (enclosed loadin g berths are regulated by building setbacks as part of the building envelope). This will most often apply to rear yard setbacks but may apply to other yard setbacks in conjunction with a variation/site development allowance to be open to the air in said yard(s). Staff requests a codified clarification that open parking setbacks also apply to open loading berths. 9. Clarify definitions, yards, and setbacks for Patios and Terraces (Section 6-18-3, Section 6-4-6). The Zoning Ordinance features regulations for both patios and terraces, including the following: Page 7 of 69 P2.Page 257 of 408 Patio - A portion of a lot that is improved with a hardscape material at grade detached anywhere on a lot or attached to the house in side or rear yards. Terrace - An uncovered outdoor surface attached to the building and located between the building and the right-of-way. When roofed, a terrace shall be considered a porch. The two uses, and their similar but different definitions, combined with different yard and setback regulations (or absence thereof), regularly create confusion for applicants and staff. The accessory structure yard chart (Table 4-A in the Zoning Ordinance) includes the following regulations (with decks included for reference) for accessory structures (attached to the principal structure or freestanding) relating to principal structure setbacks. Staff suggests the following modifications: Allowed in Required Yard Allowed in Residential or Commercial Deck Rear Both Terraces at grade Front (and Street Side) Side Rear Both Patio Rear Both Since Table 4-A regulates both attached and freestanding uses/structures (which is clarified in the table sub-description), the title of Section 6-4-6-3 (in which the table is located) should be clarified and changed to: 6-4-6-3. - Allowable Accessory Uses and Structures (Detached from Principal Structure) Staff also suggests the elimination of the definition of Terrace so that the use no longer exists within the Zoning Ordinance and such structures/uses are only regulated as Patios, with a new and simplified Patio definition of: Terrace - An uncovered outdoor surface attached to the building and located between the building and the right-of-way. When roofed, a terrace shall be considered a porch. Patio - An unroofed area improved with a hardscape material that is not a walkway or open parking space and is intended for recreational use. Altogether, the proposed modifications do not change the policy or intent of any existing regulations. Front yard terraces are effectively front porches, and side and rear yard Page 8 of 69 P2.Page 258 of 408 terraces are effectively patios. Patios are allowed in side yards only when attached to the principal structure and outside of the required side yard principal structure setback (typically 5'), and are allowed within a required rear yard principal structure setback (typically 30') per the chart above, or within any other part of the rear yard as long as 3' setbacks to all properties remain (similar to other accessory structures including decks). 10. Establish a Mixed-Use Market as an eligible principal use in non-residential and non- university districts (Title 6, Section 6-18-3). A mixed-use market is intended to be a multi-business facility that features a variety of uses that are retail or service-oriented in nature. The variety of businesses, which are often unique business models that are not easily classified within the Zoning Ordinance, and which may be pop-up or start-up businesses, draw patrons to one central location, which helps all of the businesses while also keeping costs down, much like a traditional suburban mall. Mixed-use markets often exist in repurposed warehouses or industrial buildings that feature significant indoor square footage that would otherwise sit vacant. Mixed-use markets are regulated on the whole by zoning, rather than by each specific individual use. Since the Zoning Ordinance does not currently contemplate a mixed -use market as an eligible use in any district, every individual business must comply as a permitted/administrative review/special use in the district in which the market is located. A potential zoning definition for the use could be: Mixed-Use Market - One facility that features a variety of sub-uses, often start-ups and unique or innovative local businesses, that encourage cross-patronage in one experience. Some sub-uses may not be listed or eligible uses within the zoning district the facility is located, but may be allowed when the majority of the sub-uses are retail, restaurant, and/or service oriented in nature. Evanston does have properties that could benefit from this type of regulation. For example, in 2021, a mixed-use market concept requested special use approval for a Business/Vocational The uses. permitted other six to addition in School Business/Vocational School use triggered the special use requirement. It would have been more appropriate for the entire mixed-use market model to trigger a zoning process since the Business/Vocational School was only 1/7th of the businesses intending to operate in the nearly 12,000 sq. ft. space. The overall impact considered in the special use process (see 2021 ZBA Packet (p.69) and Minutes) was related to the entire mixed- use market business model. In this instance, given the intensity of the proposed uses (estimated at nearly 100 combined employees and customers at any one time) in a non - retail-oriented (industrial) area adjacent to low-density residential uses and not within a transit or pedestrian-oriented area, the special use process was helpful for establishing appropriate conditions for operation. The special use was approved by Ordinance 34 - O-21, including conditions, but the business model has not opened to date. Another example is 2510 Green Bay Road, commonly known as the Hack Studio building, which requested three special uses in 2019: one for commercial indoor recreation (group boxing studio), a banquet hall, and commercial indoor recreation Page 9 of 69 P2.Page 259 of 408 (escape room). Both requests for commercial indoor recreation were granted, and the banquet hall use was withdrawn prior to City Council among opposition from adjacent property owners due to concerns regarding noise and parking for large events. The approved special uses did not include additional conditions. Both businesses are currently in operation, and other businesses, including multiple office uses, operate within the nearly 15,000 sq. ft. facility. Recently, Foxtrot, a smaller chain business with locations in Chicago, has expressed interest in locating in downtown Evanston. Foxtrot is a unique business model that combines a grocery store, convenience store, quick-serve restaurant, and full-service bar with indoor and outdoor seating. The business does not fit any one exi sting zoning definition but could be regulated as a Mixed Use Market. Other communities have found success in repurposing large indoor areas for mixed -use markets. For example, Time Out Market in Chicago brings 18 restaurants together in a 50,000-square-foot area that is highly successful as an eatery destination. A variety of other successful mixed-use markets exist within the Fulton Market District/West Loop area of Chicago that previously served as a meat -packing and warehousing area. The City of Chicago regulates the area under the Fulton Market Innovation District Plan, which includes historic preservation, design guidelines, streetscape improvements, and zoning regulations that include overlay districts that allow expanded residential and commercial uses now, with requirements for rezoning or planned developments at larger sites. The following zoning regulations are proposed based on the intent and common uses of each zoning district, and the need to add conditions for approval when the use is larger/more impactful: B1, B1a, B2, B3 C1, C1a, C2 D1, D2, D3, D4, RP O1 Ms Is oCSC Mixed- Use Market - 7,500 sq. ft. or less A P P A P P A Mixed- Use Market - over 7,500 and less than 20,000 sq. ft. S A P S A A S Mixed- Use Market - S S S S S S S Page 10 of 69 P2.Page 260 of 408 over 20,000 sq. ft. Suggested zoning regulations are based on 7,500 sq. ft. and 20,000 sq. ft. cutoffs, which are existing limits within the Zoning Ordinance that distinguish between permitted and special uses in certain zoning districts. The new use is suggested as a Permitted Use when 7,500 sq. ft. or less in Commercial (C) Districts (typically feature on-site parking and do not allow dwelling units except in newer-construction mixed-use buildings) and Transitional Manufacturing (M) and Industrial (I) Districts that often feature on-site parking and do not allow dwelling units. The use is suggested as a Permitted use in the downtown area up to 20,000 sq. ft. since the density and variety of uses are expected in the urban center, and ample parking is available in nearby parking garages. Mixed-Use Markets are suggested as an Administrative Review Use when 7,500 sq. ft. or less in Business (B) Districts, the Office (O1) District, and in the oCSC Central Street Overlay District since these districts trend towards neighborhood areas with dwelling units in the vicinity, and where available parking is often limited. Uses within the oWE - WE1 subdistrict of the West Evanston Overlay District follow the anticipated future zoning (either residential (typically R4) or commercial (typica lly B districts)) and are regulated according to those districts. In districts listed above (except for the downtown area), suggested regulations increase (from Permitted to Administrative Review Use, or from Administrative Review Use to Special Use) once the use is larger than 7,500 sq. ft. since the impact of the use may require additional oversight at that point. (The downtown area switches from a Permitted to Special Use after 20,000 sq. ft.). Any use approved as an Administrative Review Use or Special Use may have conditions for approval for concerns such as hours of operation, parking, noise, sustainability, prohibition of certain uses (given the mixed-use model), re-review at staff level for certain use changes, etc. Uses within the mixed-use market model are expected to largely self- regulate since a use that negatively impacts the other uses within a space is unlikely to occur and would be handled by the operations manager or property owner. Establishing a Mixed-Use Market as an eligible use with appropriate (but not overly burdensome) zoning regulations will encourage the use of existing warehouse structures and larger brick-and-mortar commercial spaces that often sit vacant, while also encouraging economic development, pop-up businesses, unique business types, and cross-patronage of retail and service-oriented businesses that increase the tax base. 11. Clarify and modify the process for Adjustments to Development Plans for Planned Developments (Section 6-3-6-12). Page 11 of 69 P2.Page 261 of 408 Originally referred by the Land Use Commission due to a Major Adjustment for the Ann Rainey Apartments at 999 Howard that did not seek any modifications to zoning relief, this text amendment was discussed and unanimously recommended by the Land Use Commission on October 12, 2022. The recommended text amendment was not placed on the City Council agenda and is, therefore, now part of the Omnibus Text Amendment Package. Planned Developments must be constructed in "substantial compli ance with the documents and testimony on record," as shown throughout the zoning entitlement process and when approved by the City Council. Proposals sometimes require adjustments due to a variety of factors, such as site engineering, construction costs, material availability, and changing market demands. These adjustments are currently distinguished in the Zoning Ordinance as follows: Major Adjustment Minor Adjustment Requested Change by Developer • Anything not listed as a qualifying Minor Adjustment • Altering a structure by up to ¼ distance the previously approved; • Altering any circulation element by up to ¼ the distance previously approved; • Altering open space by not more than 20%; • Altering the final grade not by more than 20%; • Altering landscaping elements by not more than 20%; • Altering utility equipment Process Full PD Process: 1. Zoning Analysis (if needed) 2. Internal staff review 3. LUC public hearing 4. P&D/CC Administrative Process: 1. Analysis Zoning (if needed) 2. Internal staff review 3. Determination by Zoning Administrator Page 12 of 69 P2.Page 262 of 408 Fees $1,000 (if needed) + $2,200 $1,000 (if needed) + $1,000 Timing 90-120 days 15-30 days The current codified process establishes arbitrary percentage cutoffs for changes to Planned Developments and whether those changes trigger Major or Minor Adjustments. This threshold does not take into account whether the changes proposed substantially alter the impact on adjacent properties or to the greater neighborhood. Additionally, not does Adjustments Minor the Major between threshold and appropriately relate to changes in Site Development Allowances. The current codified process certain chfor allows Development (building Allowances Site anges to locations, site boundaries, circulation elements) as Minor Adjustments that do not require an updated Planned Development ordinance. This means the degree of zoning relief granted is changing, but the official document that notes the zoning relief granted (Planned Development Ordinance) is not changing. Adjusting developments in this way is not the best practice and makes recordkeeping and approvals/denials confusing over time. The current process also means Minor Adjustments that change Site Development Allowances are not given public notice or a public hearing at the Land Use Commission or a final determination by the City Council. Proposed Regulations: Regulations should be updated so that significant changes to Planned Developments all qualify as Major Adjustments and include a public hearing before the Land Use Commission and a final determination by the City Council. While small changes, as well as changes proposed, are not within the purview of the Land Use Commission and final determination by the City Council. While small changes, as well as changes proposed that are not within the purview of the Land Use Commission (such as public benefits), qualify as Minor Adjustments and are reviewed by P&D with a final determination by the City Council. Proposed changes result in the following updated processes: Major Adjustment Minor Adjustment Requested Change by Developer • Any change in development plan that creates a new Site Development Allowance • Any change that increases the impact of an approved Site Development Allowance All other changes that do not qualify as Major Adjustments, including: • Any change in development plan that does not a create new Site Development Allowance • Any decrease in the impact of an existing Site Page 13 of 69 P2.Page 263 of 408 Development Allowance • Change to facade and/or building materials • Change to conditions and/or public benefits Process Full PD Process; 1. Zoning Analysis (if needed) 2. Internal Staff Review 3. LUC public hearing 4. P&D/City Council Shortened PD Process: 1. Zoning Analysis (if needed) 2. Internal Staff Review 3. P&D/City Council Fees $1,000 (if needed) + $2,200 $1,000 (if needed) + $1,000 Timing 90-120 days 30-45 days As proposed, Major Adjustments are significant development changes that include zoning relief (Site Development Allowances) and require the entire Planned Development process to ensure proper public input and transparency. Minor Adjustments are development changes that do not add additional impact (but may change the impact) and are therefore provided a fast -tracked public process that proceeds straight to P&D/City Council (rather than the current codified Minor Adjustment process that is too specific and rarely applies). These proposed amendments are intended to clarify and improve policies and processes while enacting updates that follow best practices that are compatible with the Evanston community and built environment that should not wait until the f ull Zoning Ordinance is rewritten. The proposed omnibus amendments adhere to the Standards for Amendments (Section 6 -3-4-5) as required for text amendment updates to the Zoning Ordinance. Land Use Commission Meeting Packet - May 24, 2023 Legislative History: March 22, 2023 - The Chair of the Land Use Commission made a referral, pursuant to LUC Rules and Section 2-19-4-B of the City Code, for staff to initiate an Omnibus Text Amendment Package for 12 specifically stated zoning regulations that need clarification or updates to best practices. The referral was transmitted in writing on March 23, 2023, and is attached). Page 14 of 69 P2.Page 264 of 408 May 24, 2023, LUC - The Land Use Commission reviewed the comprehensive Omnibus Text Amendment Package per the Commission's referral request. Commissioners found the Standards for Amendments met for all proposed text amendments and recommended unanimous approval. Attachments: Ordinance 68-O-23 - Omnibus Text Amendment Package (ordinance 1 of 2) Ordinance 69-O-23 - Omnibus Text Amendment Package (ordinance 2 of 2) Referral from Land Use Commission Chair - March 22, 2023 Land Use Commission Draft Meeting Minutes Excerpt - May 24, 2023 Page 15 of 69 P2.Page 265 of 408 07/10/2023 68-O-23 AN ORDINANCE Amending Title 6 of the City Code with an Omnibus Ordinance (1 of 2) to provide Clarifications and Updates the Zoning Ordinance WHEREAS, the City of Evanston is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, as a home rule unit of government, the City has the authority to adopt legislation and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section 6(a) of the Illinois Constitution of 1970, states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule unit be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164, 174-75 (1992)); and WHEREAS, it is a well-established proposition under all applicable case law that the power to regulate land use through zoning regulations is a legitimate means of promoting the public health, safety, and welfare; and, WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11 -13-1, et seq.) grants each municipality the power to establish zoning regulations; and, WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code of 2012, as amended (“the Zoning Ordinance”); and WHEREAS, the Evanston Land Use Commission (“LUC”), in its capacity as a recommending body to the Evanston City Council o n policy and amendments to Page 16 of 69 P2.Page 266 of 408 68-O-23 ~2~ the Zoning Ordinance as the relate to the present and future development or redevelopment of land as identified in the Comprehensive General Plan, pursuant to Section 2-19-4 of the Evanston City Code of 2012, finds the below chan ges to the Zoning Ordinance necessary to further the goals and objectives of the Comprehensive Plan; and WHEREAS, the LUC has adopted Rules of Procedure in which they may request Community Development Department staff to assist in carrying out their dutie s as outlined in Section 2-19-4 of the Evanston City Code of 2012 and staff prepared draft Code Amendments for the consideration of the LUC to this effect; and WHEREAS, following due and proper publication of notice in Pioneer North not less than fifteen (15) nor more than thirty (30) days prior thereto, the Evanston Land Use Commission (“LUC”) conducted a public hearing on May 24, 2023 regarding case no. 23PLND-0006 to consider the proposed Code Amendments at which evidence, testimony, and exhibits in support of the Code Amendments were presented, and at which interested parties were provided the opportunity to provide public comment; and WHEREAS, after having considered the evidence presented, including the exhibits and materials submitted, and public testimony provided, the LUC found that: A. The proposed Code Amendments are consistent with the goals, objectives, and policies of the Comprehensive General Plan, as adopted and amended from time to time by the City Council. B. The proposed Code Amendments are compatible with the overall character of existing development in the neighborhoods to which the Page 17 of 69 P2.Page 267 of 408 68-O-23 ~3~ amendments will apply. The proposed Code Amendments address various issues and clarifications that have arisen over time. These changes are not expected to significantly alter the character of neighborhoods. C. The proposed Code Amendments will not have an adverse effect on the value of properties within the City. The proposed amendments aim to improve conditions on properties by addressing issues such as signage regulations and consistent language and expectations. D. The proposed Code Amendments will not negatively impact the provision of public facilities and services. WHEREAS, after making its findings as set forth herein, the LUC recommended approval of the proposed Code Amendments pursuant to Sections 6-3-4- 5 and 6-3-4-6 of the Zoning Ordinance by a vote of six (6) “yes” votes and zero (0) “no” votes with three (3) absent to the Planning and Development Committee (“P & D Committee”) of the City Council approval thereof; and WHEREAS, on July 10, 2023, the P & D Committee held a meeting in compliance with the Illinois Open Meetings Act, received input from the public, carefully considered the findings and recommendation for approval with modifications by the LUC in case no. 23PLND-0006 as outlined herein, concurred with said findings, and recommended approval of the proposed Code Amendments to the City Council; and WHEREAS, at its meetings on July 10, 2023, and July 24, 2023, held in compliance with the Open Meetings Act, the City Council considered the aforementioned findings of fact related to the proposed Code Amendments, as Page 18 of 69 P2.Page 268 of 408 68-O-23 ~4~ recommended by the LUC and the P & D Committee and amended and outlined herein; and WHEREAS, the City Council finds that it is in the best interest of the City of Evanston to codify these changes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Council has considered the findings and recommendations of the LUC and the P & D Committee with regard to the proposed Code Amendments as outlined herein and the foregoing recitals are hereby found and adopted as fact with regard to the proposed Code Amendments. SECTION 2: Section 6-19-3 “Definitions” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-19-3. - DEFINITIONS. (C) Definitions. The following words and terms, wherever they occur in this Chapter, shall be defined as follows: UNIFIED COMPREHENSIV E SIGN PLAN. A plan providing specific sign type, number, placement, size, height, and design requirements for development located on premises for which unique design considerations for signs may considered and applicable. set of criteria and a format approved by the Land Use Commission for all signs to be located on the premises of a Unified Business Center. DIRECTORY SIGN. A sign intended for viewing while within a premises, either by pedestrians or those driving vehicles, and is not intended to be legible from a public right-of-way.which indicates the name and/or address of the occupants of a premises accommodating multiple occupants. UNIFIED BUSINESS CENTER. A premises containing four (4) or more individual nonresidential occupancies sharing a common building. SECTION 3: Section 6-19-5, “Exempt Signs” of the Evanston City Code of Page 19 of 69 P2.Page 269 of 408 68-O-23 ~5~ 2012, as amended, is hereby amended as follows: 6-19-5. - EXEMPT SIGNS. (L) Directory Interior Signs. Signs which are located on the interior of a premises and which are exclusively oriented to persons within that premises to guide pedestrians to individual businesses on the site. Such signs shall be limited to a maximum of one (1) square foot per occupant listed on the sign. SECTION 4: Section 6-19-9 “Permitted Sign Types” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-19-9. PERMITTED SIGN TYPES. (J) Unified Business Center Sign Plans. 1. Unified Comprehensive Sign Plan Applicability. a. No permit shall be issued for a permanent sign to be located on a premises for which unified business center until a Unified Sign Plan (fka. “comprehensive sign plan” or “sign district plan”) has been approved for the premises center unless there as described in Section 6-19-14 of this Chapter, and said sign complies with the provisions thereof. b. A Unified Sign Plan may be requested for premises which have one or more of the following attributes: i. Frontage along two or more public rights away (excluding alleys). ii. 200 feet or more of frontage. iii. Three (3) or more tenant spaces within one building on a premises. iv. Two or more buildings on a premises. v. Consist of 75,000 square feet or more of land area. 2. Center Identification Primary Sign. In addition to the signs permitted for each separate occupant, A Unified Sign Plan may be requested there may include one (1) freestanding identification sign for the premises if the premises otherwise meets the requirements to allow a freestanding sign or signs stated in this Chapter itself. Primary signs shall only be of the freestanding sign type. a. Said identification sign may only include the name, address, or graphic logo of the center. b. The permitted sign surface area of said primary identification sign shall not exceed an area equivalent to one-tenth of one percent (0.1%) of the lot area of the premises nor a maximum of one hundred twenty (120) square feet. This sign shall be in lieu of the freestanding sign or signs allowed per property in this Chapter. Page 20 of 69 P2.Page 270 of 408 68-O-23 ~6~ c. Unless specifically exempted by the provisions of the approved Unified Sign Plan comprehensive sign plan for the unified business center, said primary identification sign shall conform to all other of the regulations (except those governing number and area) for individual permanent signs allowed by types found elsewhere in this Chapter. 3. Directory Signs. In addition to the permitted identification sign for the center, a unified business center may have common directory signs to guide pedestrians to individual businesses on the site. Such signs shall be limited to a maximum of one (1) square foot per occupant listed on the sign. (JK) Vehicular Dealership Signs. 1. Number. a. Each dealership may have one (1) freestanding sign. Each parcel may have no more than two (2) freestanding signs. In the event a business entity consists of multiple dealerships, no more than two (2) dealership signs may appear on one (1) freestanding pole. b. One (1) wall sign per business entity. 2. Area. a. The maximum gross surface area for freestanding signs is one hundred forty (140) square feet per sign face. b. For wall signs, the maximum gross surface area must not exceed twenty-five percent (25%) of the square foot area of the facade to which the sign is attached. 3. Location. a. Freestanding Signs. i. Freestanding signs are permitted at the lot line. ii. Freestanding signs shall be separated by a minimum of fifty feet (50'). b. Wall Signs. i. Wall signs are not to extend above the roofline of the wall upon which the sign is attached. ii. Height. Freestanding signs erected after the effective date hereof shall not exceed twenty-five feet (25'). Freestanding signs in existence prior to that time shall not exceed their preenactment height. c. Uniform Sign Package. When a dealership changes ownership or acquires a new vehicle line, no new sign(s) may be erected and no modifications to existing signs may be made without the owner having filed a sign package with the City and receiving the City's approval therefor. d. Flags. i. Flags may be used on used car lots only, provided that: 1. They are of uniform color; and Page 21 of 69 P2.Page 271 of 408 68-O-23 ~7~ 2. Worn flags are replaced so as to maintain a neat appearance. 4. Conflict With Other Provisions of This Chapter. In the event of a conflict between this Subsection (JK) and the other provisions of this Chapter, this Subsection shall prevail. (KL) Temporary Real Estate Signs. For temporary, nonilluminated real estate signs for multi-family, residential projects, the permitted regulations are as follows: 5 to 36 dwelling units = 32 square foot maximum, 10'0" maximum sign height All temporary real estate signs shall be limited to a maximum of twelve (12) months total duration, or until all the units are sold. (LM) Blade Signs. 1. Position. Blade signs shall be project from and be perpendicular to a building's facade, and the top of any such sign shall not be more than fifteen (15) feet six (6) inches above grade at the building. 2. Area. Blade signs shall not measure more than two (2) feet wide nor more than three (3) feet high. 3. Clearance. The bottom of any blade sign shall be at least seven (7) feet six (6) inches above grade at the building. 4. Illumination. Blade signs shall not be illuminated. 5. Number. There shall be no more than one (1) blade sign per business. SECTION 5: Section 6-19-14 “Unified Business Center” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-19-14. - Unified Sign Plans Business Center. No permit shall be issued for a sign to be located in a unified business center until a comprehensive sign plan has been approved for the center and the sign complies with the provisions hereof. (A) Comprehensive Sign Plan Approval. Approval of a comprehensive sign plan for a unified business center shall be at the discretion of the Land Use Commission in accordance with the criteria noted herein. (B) Site Plan Review. No permit shall be issued for a sign, and no final approval shall be granted for a comprehensive sign plan prior to review and approval by the Land Use Commission of all comprehensive sign plans. (C) Application Content. In addition to the requirements listed for permit applications in Subsection 6-19-10(B) of this Chapter, the application for a comprehensive sign plan for a unified business center shall include a format for Page 22 of 69 P2.Page 272 of 408 68-O-23 ~8~ all signs to be used in the center, including their maximum size, color, location, illumination details, lettering type, mounting details, and (if any) landscaping details. A. Applicability. 1. No permit shall be issued for a permanent sign to be located on a premises for which a Unified Sign Plan (fka “comprehensive sign plan” or “sign district plan”) has been approved for the premises unless the sign complies with the provisions thereof. 2. A Unified Sign Plan may be requested for premises which have one or more of the following attributes: a. Frontage along two or more public rights away (excluding alleys). b. 200 feet or more of frontage. c. Three (3) or more tenant spaces within one building on a premises. d. Two or more buildings on a premises. e. Consist of 75,000 square feet or more of land area. f. A complete application for a planned development has either been filed or has been approved for more than half or all of the premises. 3. A Unified Sign Plan may also be requested for premises which have unique property or building characteristics that may result in signage that does not otherwise meet the requirements of this Chapter. A Unified Sign Plan shall not be requested for signage for premises that do not meet at least possess at least one of the above attributes. A Unified Sign Plan is not intended to be requested in lieu of a Minor or Major Variation. 4. Primary Sign. A Unified Sign Plan may include one (1) freestanding sign for the premises if the premises otherwise meets the requirements to allow a freestanding sign. Primary signs shall only be of the freestanding sign type. a. The permitted sign surface area of said primary sign shall not exceed an area equivalent to one-tenth of one percent (0.1%) of the lot area of the premises nor a maximum of one hundred twenty (120) square feet. b. This primary sign shall be in lieu of the freestanding sign. If the property is allowed more than one (1) freestanding sign, the primary sign shall be in lieu of one of the allowed freestanding signs. c. Unless specifically exempted by the provisions of the approved Unified Sign Plan, said primary sign shall conform to all other regulations (except those governing number) for individual permanent signs allowed by this Chapter. B. Application Content. In addition to the requirements listed f or permit applications in Subsection 6-19-10(B) of this Chapter, the application for a unified sign plan comprehensive sign plan for a unified business center Page 23 of 69 P2.Page 273 of 408 68-O-23 ~9~ shall include a format for all signs to be used on the premises in the center, including their maximum size, color, location, illumination details, lettering type, mounting details, and (if any) landscaping details. C. Review Procedure; Decision. 1. Determination of Completeness of Application: Within ten (10) working days after receipt of an application for a unified sign plan described in this Chapter 19, the Zoning Administrator or his/her/their designee shall determine whether the application is complete. If the Zoning Administrator or his/her/their designee determines that the application is complete, he/she/they shall notify the applicant in writing that the application has been accepted for filing. If the Zoning Administrator or his/her/their designee determines that the application is not complete, he/she/they shall notify the applicant in writing, specifying the deficiencies of the application, including any additional information which must be supplied, and that no further action need be taken by the City on the application until the deficiencies are corrected. 2. General Notice of Public Hearing: After determining the unified sign plan application is complete, the Zoning Administrator or his/her/their designee shall shall cause notice of a public hearing before the Land Use Commission to be published not more than thirty (30) days nor less than fifteen (15) days before the date of the hearing. In addition, a sign shall be posted on the property for a minimum of ten (10) working days prior to the public hearing indicating the place, time and date of the hearing. Such notice shall be sufficient notice for the initial hearing. Subsequent notices are not required for continuances of a hearing, if any. In addition to the aforementioned notice, the City will also provide notice, through the use of a third party service, by first class mail to all owners of property within a five hundred (500) foot radius of the property lines of the subject property, inclusive of public roads, streets, alleys and other public ways whose addresses appear on the current tax assessment list as provided by the City. The applicant must pay any and all fees and postage associated with mailing such notice pursuant to this Section. The City reserves the right to provide the aforementioned notice by first class mail where the Zoning Administrator finds it necessary. The failure of delivery of such notice, however, does not invalidate any such amendment Such notice is sufficient notice for the initial hearing. Subsequent notices are not required for continuances of a hearing, if any. 3. Content of Published and Mailed Notices: Published and mailed notices shall contain the time, date, and place of the public hearing. Additionally, the published and mailed notices shall contain the following: a. A statement indicating that the petition is a request for special use approval; Page 24 of 69 P2.Page 274 of 408 68-O-23 ~10~ b. The address of the subject property requesting the special use; c. The current zoning classification of the property requesting the special use; d. The time and place where the petition proposing to amend the Zoning Ordinance will be available for examination for a period of at least ten (10) days prior to the public hearing; e. The name of the person responsible for giving notice of the public hearing by publication or by mail, or by publication and mail; f. Any other information requested by the Commission, as the case may be; and g. A statement that after the conclusion of the hearing the matter will be submitted to the City Council for its action and forward his/her/their written report to the Land Use Commission. Approval of a comprehensive sign plan for a unified business center shall be at the discretion of the Land Use Commission in accordance with the criteria noted herein. 4. Land Use Commission Decision: Following the close of the public hearing, the Land Use Commission shall either approve, approve with conditions, or deny the application for a unified sign plan. D. Standards Criteria. The standards criteria used by the Land Use Commission in its review of the proposed unified comprehensive sign plan for a unified business center shall include: 1. Scale and Proportion. Every sign shall have good scale and proportion in its design and in its visual relationship to the other signs, buildings and surroundings. 2. Integral Elements. The signs in the plan shall be designed as integral architectural elements of the building and site to which they principally relate and shall not appear as incongruous "add -ons" or intrusions. 3. Restraint and Harmony. The colors, materials and lighting of every sign shall be restrained and harmonious with the building and site to which it principally relates. 4. Effective Composition. The number of graphic elements and letters shall be held to the minimum needed to convey each sign's message and shall be composed in proportion to the area of the sign's face. 5. Compatibility. Each sign shall be compatible with signs on adjoining premises and shall not compete for attention. 6. Unified Image. The effect of the signs proposed in the plan shall be the establishment of a unified image for the center. SECTION 6: Section 6-3-8-2 “Authority” of the Evanston City Code of Page 25 of 69 P2.Page 275 of 408 68-O-23 ~11~ 2012, as amended, is hereby amended as follows: 6-3-8-2. - AUTHORITY. The Zoning Administrator, the Land Use Commission, and the City Council, as the case may be, are authorized to approve, approve with conditions, or deny requested variations in accordance with the provisions of this Section 6 -3-8 as follows: (A) The Zoning Administrator is delegated the authority to grant "minor variations", and "fence variations", and “sign variations” as defined in Section 6-3-8-3 of this Chapter; (B) The Land Use Commission is delegated the authority to hear appeals from decisions of the Zoning Administrator regarding minor variations, and fence variations, and sign variations; to grant family necessity variations;, and to grant "major variations," as defined in Section 6-3-8-3 of this Chapter, except as limited below, and combined applications for major and minor variations; and (C) The City Council shall retain the authority to grant major variations pertaining to off-street parking for all uses other than single-family and two-family residential, off-street loading, height beyond fifty (50) feet, including within that measurement any height otherwise excluded because the story provides required parking, and townhouse orientation. SECTION 7: Section 6-3-8-3 “Authorized Variations” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-3-8-3. - AUTHORIZED VARIATIONS. The following variations from this Ordinance are authorized: (A) Minor Variations: 1. Minor Variations consisting of the following types shall be for all uses (residential and commercial) unless specified differently below: a. Accessory structure requirements. b. Yard obstruction requirements beyond those permitted in Section 6 - 4-1-9(B). c. Setbacks necessary for an upper floor to align with a legally nonconforming setback below (for single-family and two-family uses only). 2. Minor variations consisting of the following types shall be for single-family and two-family uses only and may be granted up to a maximum of thirty- five percent (35%): a. Front, side, and rear yards and setbacks. b. Height. c. Lot width. Page 26 of 69 P2.Page 276 of 408 68-O-23 ~12~ d. Building lot coverage. e. Impervious surface. f. Dormer size and location. g. Modification of a residence to meet the special needs of the disabled. 3. Minor variations for signs consisting of the following types shall be for nonresidential uses only, excluding vehicular dealerships, and may be granted by a maximum of up to thirty-five percent (35%): (a) Wall sign height. (b) Blade sign height and/or area. (B) Fence Variations: Variations from the requirements for fences, set forth in Section 6-4-6-7, "Special Regulations Applicable To Fences," of this Title may be granted subject to the standards and conditions of Subsection 6-3-8-12(B) and Section 6-3-8-14 of this Chapter. (C) Family Necessity Variations: The types of minor variations listed in Subsection (A) of this Section may be granted in excess of the maximum of twenty percent (20%) for single-family and two-family uses and residential care homes only, subject to the procedures and standards set forth in Section 6-3-8-7 and Subsection 6-3-8-12(D) of this Chapter respectively in order to: 1. Modify a residence to meet the special living needs of the disabled. 2. Modify a residence to provide space for an elderly parent to live with the family of his or her child. 3. Modify a residence to accommodate a growing family or to alleviate an inconvenience. (D) Major Variations: "Major variations" shall be defined as all variations other than minor variations and fence variations, and shall be limited to the following: 1. Yards and setbacks. 2. Height. 3. Lot size, width and depth (including flag lots). 4. Lot coverage including impervious surface and/or floor area ratio. 5. Off-street parking and loading. 6. Home occupations. 7. Townhouse orientation. 8. Expansion, alteration, and/or enlargement of legal, nonconforming residential uses that contain no more than four (4) dwelling units and zero (0) lodging rooms/rooming units, and/or construction of accessory uses to such legal, nonconforming residential uses. 9. Signs (excluding scoreboards and billboards). (E) Sign Variations: Variations from the requirements for signs, set forth in Title 6, Chapter 19, “Sign Regulations,” may be granted subject to the standards and conditions of Subsection 6-3-8-6 and Subsection 6-3-8- 12(F) of this Chapter. SECTION 8: Section 6-3-8-6 “Procedure for Minor Variations and Fence Page 27 of 69 P2.Page 277 of 408 68-O-23 ~13~ Variations” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-3-8-6. - PROCEDURE FOR MINOR VARIATIONS , AND FENCE VARIATIONS, AND SIGN VARIATIONS. Applications for minor variations, and fence variations, and sign variations shall be reviewed and decided in accordance with the following procedure: (A) Notice and Opportunity to Comment: Upon receipt of a completed application for a minor variation, or a fence variation, or a sign variation, the City will provide notice, through use of a third party service, by first class mail to all owners of property located within a two hundred fifty (250) foot radius of the subject property, inclusive of public streets, alleys and other public ways whose addresses appear on the current tax assessment list as provided by the City. The applicant must pay any and all fees and postage associated with mailing such notice pursuant to this Section. The City reserves the right to provide the aforementioned notice by first class mail where the Zoning Administrator finds it necessary. The notice shall indicate that the application shall be available for review and submittal of written comments thereon ten (10) working days prior to the Zoning Administrator's determination. (B) Zoning Administrator's Decision: Within twenty (20) working days of receipt of a completed application for a minor variation, or a fence variation, or a sign variation, the Zoning Administrator shall, by written order, either approve, approve with conditions, or deny the requested minor variation. (C) Notification of Decision: The City shall send the Zoning Administrator's decision within ten (10) working days to the applicant and all other persons previously notified pursuant to Subsection (A) of this Section. (D) Records: A record of all applications for minor variations, and fence variations, and sign variations shall be kept on file in the office of the Zoning Administrator. At least once a year, the Zoning Administrator shall make public a listing of his decisions, by address, regarding the applications for minor variations, and fence variations, and sign variations. (E) Appeal: The applicant or an adjacent property owner may appeal the decision of the Zoning Administrator to the Land Use Commission within ten (10) working days of the Zoning Administrator's date of mailing of notification. SECTION 9: Section 6-3-8-8 “Procedure for Appeals from Decisions of the Zoning Administrator Regarding Minor and Fence Variations, Variations, Implementation and Administration,” of the Evanston City Code of 2012, as amended, is Page 28 of 69 P2.Page 278 of 408 68-O-23 ~14~ hereby amended as follows: 6-3-8-8. - PROCEDURE FOR APPEALS FROM DECISIONS OF THE ZONING ADMINISTRATOR REGARDING MINOR, AND FENCE, AND SIGN VARIATIONS. An appeal of any decision of the Zoning Administrator regarding an application for a minor variation, or a fence variation, or a sign variation shall be made to the Land Use Commission and processed in accordance with the provisions of Section 6 -3-11 of this Chapter. SECTION 10: Section 6-3-8-9 “Special Procedures in Connection with Combined Variation Applications,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-3-8-9. - SPECIAL PROCEDURES IN CONNECTION WITH COMBINED VARIATION APPLICATIONS. Whenever an application for a minor variation, fence variation , sign variation, or a family necessity variation would, in addition, require a major variation, the applicant shall indicate that fact on the application where indicated and shall, at the time of filing the application for minor variation, fence variation, sign variation, or family necessity variation file an application for major variation pursuant to this Section 6 -3-8. The combined application shall be reviewed and decided in accordance with the procedures set forth in Section 6-3-8-10 of this Chapter. SECTION 11: Section 6-3-8-12 “Standards for Variations,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-3-8-12. - STANDARDS FOR VARIATIONS. In considering an application for a minor variation, fence variation, family necessity variation, sign variation, or a major variation, or a combination thereof, the Zoning Administrator, the Land Use Commission, or the City Council, as the case may be, may approve such variation only upon finding that the application complies with the separate standards for each type of variation set forth below: A. Minor Variations: Minor variations may be authorized by the Zoning Administrator upon making written findings that the proposed variation satisfies the following standards: 1. The practical difficulty is not self-created. 2. The requested variation will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties. Page 29 of 69 P2.Page 279 of 408 68-O-23 ~15~ 3. The requested variation is in keeping with the comprehensive general plan and the zoning ordinance. 4. The requested variation is consistent with the preservation policies set forth in the comprehensive general plan. 5. The requested variation requires the least deviation from the applicable regulation among the feasible options identified before the Zoning Administrator issues his/her decision regarding said variation. B. Variations From Fence Regulations: Variations from the requirements for fences set forth in Section 6-4-6-7 of this Title may be authorized by the Zoning Administrator upon making written findings that the proposed variation satisfies the following standards: 1. The requested variation will not be materially detrimental to the public welfare or injurious to the use, enjoyment or property values of adjoining neighbors. 2. The additional screening, additional height, or requested location achieved through the variation will assist in reducing noise, screening incompatible adjacent uses, or increase safety to the owners of the subject property or abutting properties. 3. In no event shall a variation be granted that would permit a fence taller than thirty (30) inches to be located within twenty (20) feet of the corner curb line of an intersection. C. Variations From Fence Standards for Landmark Structures and Structures Located in Historic Districts. D. Family Necessity Variations: Family necessity variations m ay be authorized by the Land Use Commission upon making written findings that the proposed variation satisfies the following standards: 1. The requested variation will not have a substantial adverse impact on the use, enjoyment, or property values of the adjoining properties. 2. The requested variation is in keeping with the intent of the zoning ordinance. 3. The character of the residence for which the variation is requested will as a result be as or more consistent with the character of the residences of the surrounding neighborhood. 4. The purpose of the variation is not based exclusively upon a desire to extract additional income from the property. 5. The requested variation requires the least deviation from the relevant regulation among the feasible options identified before the Zoning Administrator issues his/her recommendation to the Land Use Commission regarding said variation. E. Major Variations: Major variations may be authorized by the Land Use Commission, or by the City Council in the case of an application for a major variation to off street parking, off street loading, height beyond fifty (50) feet, including within that measurement any height otherwise excluded because the story provides required parking, or townhouse Page 30 of 69 P2.Page 280 of 408 68-O-23 ~16~ orientation, or a combined application for a major variation pertaining to off street parking, off street loading, height beyond fifty (50) feet, including within that measurement any height otherwise excluded because the story provides required parking, or townhouse orientation, and any other variation, upon making written findings that the proposed variation satisfies the following standards: 1. The requested variation will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties. 2. The requested variation is in keeping with the intent of the zoning ordinance. 3. The alleged hardship or practical difficulty is peculiar to the property. 4. 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. 5. (a) The purpose of the variation is not based exclusively upon a desire to extract additional income from the property, or (b)While the granting of the variation will result in additional income to t he applicant and while the applicant for the variation may not have demonstrated that the application is not based exclusively upon a desire to extract additional income from the property, the Land Use Commission or the City Council, depending on final jurisdiction under Section 6-3-8-2 of this Chapter, has found that public benefits to the surrounding neighborhood and the City as a whole will be derived from approval of the variation, that include, but are not limited to, any of the standards of Section 6-3-6-3 of this Chapter. 6. The alleged difficulty or hardship has not been created by any person having an interest in the property. 7. The requested variation requires the least deviation from the applicable regulation among the feasible options identified before the Land Use Commission issues its decision or recommendation to the City Council regarding said variation. F. Sign Variations: Sign variations may be authorized by the Zoning Administrator upon making written findings that the proposed variation satisfies the following standards: 1. Hardship. The proposed variation will alleviate some demonstrable and unusual hardship that arises due to factors including, but not limited to, location, site configuration, and/or building configuration. 2. No Prohibited Signs. The relief is not for any sign specifically prohibited by Section 6-19-6. 3. Not Harm Public Welfare. The proposed variation will not be materially detrimental to the public welfare. 4. Consistent with Intent. The proposed variation promotes the purpose of the Sign Regulations set forth in Section 6-19-2 of this Chapter. Page 31 of 69 P2.Page 281 of 408 68-O-23 ~17~ SECTION 12: Section 6-19-3 “Definitions” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-19-3. - DEFINITIONS. (C) Definitions. The following words and terms, wherever they occur in this Chapter, shall be defined as follows: TOD AREA. The area that has the designation for an identified transit station and the area around it that is ⅛ mile from said station and ¼ mile from said station along a commercial corridor. The area provides for development that is compatible with and supportive of public transit and a pedestrian-oriented environment. USE, R1 RESIDENTIAL PRESERVATION UNIQUE ADAPTIVE. A use determined by the City Council to be a residential use which is not listed as an authorized use, but that will be of substantial land use or economic benefit to the City, whose authorization would not be appropriate through a zoning amendment. conversion to a use not listed as an authorized special or permitted use in the zoning district to be developed predominantly within an existing structure or structures which have identified adaptive use as the principal means to preserve and assure the continued existence of said structure(s). Such a land use may be approved only as follows: (A) It is in an R1 residential district; (B) It is in a designated Evanston preservation dis- trict; (C) It is in a structure designated by ordinance as an Evanston landmark; (D) The parcel for which application for the use is made is a minimum of two (2) acres; (E) The parcel for which application for the use is made is improved with a structure with a mini- mum of fourteen thousand five hundred (14,500) square feet as defined in Subsection (H) of this Section; (F) Any multi-family structure for which the use is approved must contain no more than four (4) Page 32 of 69 P2.Page 282 of 408 68-O-23 ~18~ dwelling units. A development plan for an R1 residential preservation unique use exception may provide for more than one (1) principal use on a single zoning lot; and (G) All resultant dwelling units created shall have a minimum floor area, as defined in Section 6- 18-3, "Definitions," of this Title, of two thou- sand (2,000) square feet. SECTION 13: Section 6-3-5-17, “Rights of Applicants and Affected Property Owners at Hearings on Special Uses” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-3-5-17 RIGHTS OF APPLICANTS AND AFFECTED PROPERTY OWNERS AT HEARINGS ON SPECIAL USES. (B) Eligible property owners, as set forth above, who wish to object shallmay, upon written request, be granted one (1) continuance for the purpose of presenting evidence to rebut testimony given by the applicant. The date of such continued hearing shall be at the discretion of the Commission. SECTION 14: Section 6-3-6-11 “Rights of Applicants and Affected Property Owners at Hearings on Planned Developments” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-3-6-11 RIGHTS OF APPLICANTS AND AFFECTED PROPERTY OWNERS AT HEARINGS ON PLANNED DEVELOPMENTS. (B) Eligible property owners, as set forth above, who wish to object shallmay, upon written request, be granted one (1) continuance for the purpose of presenting evidence to rebut testimony given by the applicant. The date of such continued hearing shall be at the discretion of the Commission. SECTION 15: Section 6-3-8-11 “Rights of Applicants and Affected Property Owners at Hearings on Major Variations” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-3-8-11 RIGHTS OF APPLICANTS AND AFFECTED PROPERTY OWNERS AT Page 33 of 69 P2.Page 283 of 408 68-O-23 ~19~ HEARINGS ON MAJOR VARIATIONS (D) Eligible property owners, as set forth above, who wish to object shallmay, upon written request, be granted one (1) continuance for the purpose of presenting evidence to rebut testimony given by the applicant. The date of such continued hearings shall be at the discretion of the Commission. SECTION 16: Section 6-3-7-1 “Purpose” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-3-7-1. PURPOSE. (B) R1 Residential Preservation Unique Adaptive Use Exception: The purpose of the R1 residential preservation unique adaptive use permit is to allow for conversion to a residential use not listed as an authorized special or permitted use in an R1 the zoning district to be developed in that district predominantly within an existing structure or structures which have been designated an Evanston landmark in a designated historic district. Such use may include multi family use of a structure originally designed as a single family structure, or subdivision of a portion of such land for single family dwellings as a the principal means to preserve and assure the continued existence of a designated landmark said structure(s). Unique Adaptive Use Exception: The purpose of the Unique Adaptive Use permit is to allow for conversion to a use not listed as an authorized special or permitted use in the zoning district to be developed predominantly within an existing structure or structures which have identified adaptive use as the principal means to preserve and assure the continued existence of said structure(s). SECTION 17: Section 6-3-7-4 “Submission Requirements” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-3-7-4. SUBMISSION REQUIREMENTS. An applicant for a unique use shall file an application in accordance with the following requirements: (A) Formal Application: Application for unique use approval shall be filed with the Zoning Administrator in order to obtain the review and written comme nts from the appropriate departments, boards, and commissions including, but not limited to, the Design and Project Review Committee. Page 34 of 69 P2.Page 284 of 408 68-O-23 ~20~ (B) Content of Application: Each application shall contain at least the information listed in Section D.5, "Submission Requirements For Unique Uses," Appendix D of this Title. Each unique use application shall contain or address the information listed in Section D.4, “Planned Development Application Submission Requirements,” Appendix D of this Title. SECTION 18: Section 6-3-7-5 “Procedure for Review and Decision of Proposed Use” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-3-7-5. PROCEDURE FOR REVIEW AND DECISION OF PROPOSED USE. (D) Mailed Notices Required: The City will provide notice, through the use of a third party service, by first class mail to all property owners within one thousand (1,000) five hundred (500) feet of the property lines in each direction of the subject property, inclusive of public roads, streets, alleys and other public ways from the subject site whose addresses appear on the current tax assessment list as provided by the City. The applicant m ust pay any and all fees and postage associated with mailing such notice pursuant to this Section. The City reserves the right to provide the aforementioned notice by first class mail where the Zoning Administrator finds it necessary. The failure of delive ry of such notice, however, shall not invalidate any such hearing. In addition, a sign shall be posted on the property for a minimum of ten (10) working days prior to the public hearing indicating the place, time and date of the hearing. Such notice shall be sufficient notice for the initial hearing. Subsequent notices are not required for continuances of a hearing, if any. (F) Application Process: Each unique use application shall be processed in conformance with the procedures of Sections 6-3-6-7, "Application Procedure," and 6-3-6-8, "Review Procedure; Decisions," of this Chapter. (G)(F) Applicant Rights: Applicants for a unique use and owners of property within one thousand (1,000) five hundred (500) feet inclusive of public roads, streets, alleys and other public ways, shall have the following rights, in addition to any others they may possess by law, at any hearing before the Land Use Commission: 1. To inspect all documents and material submitted as part of the application for the unique use prior to the hearing. 2. To present witnesses on their behalf. (H)(G) Objection of Property Owners: Eligible property owners, as set forth above, who wish to object shallmay, upon written request, be granted one (1) continuance for the purpose of presenting evidence to rebut testimony given by the applicant. The date of such continued hearing shall be at the discretion of the commission. (H)(I) Continued Hearings or Meetings: In the instance a hearing or meeting is continued to a date certain, the date and time of the continued hearing or meeting shall be announced at the time and place of the hearing being Page 35 of 69 P2.Page 285 of 408 68-O-23 ~21~ continued, and the continued hearing's notice requirements shall be deemed satisfied. If for any reason the continued hearing or meeting date or time needs to be changed, the Zoning Administrator shall, in his or her best effort, provide the public with the new date and time of the continued hearing by: 1. Posting the continued meeting or hearing notice at the Civic Center; and 2. Posting the continued meeting or hearing notice on the City's website. Failure to provide such notice, however, shall not invalidate any such continued hearing or meeting. (I)(J) In the event a quorum is not present for the initial meeting or a continued meeting, a majority of the Commission members present may reschedule the meeting to a new date and time. No additional mailed or published notices shall be required for meetings continued as provided in Section 6-3-7-5(1). SECTION 19: Section 6-3-7-6 “Opposition to Unique Use,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-3-7-6. OPPOSITION TO UNIQUE USE. If prior to the close of a Land Use Commission hearing pursuant to Subsection 6-3-4- 6(E) of this Chapter a written protest against any proposed unique use, signed and acknowledged by thirty percent (30%) of the owners of property whose lot lines are located within a one thousand (1,000) five hundred (500) foot radius of the boundary of the area of the unique use, inclusive of public rights of way, is filed with the City clerk, approval of the unique use shall require a favorable vote of three -fourths (3/4) of the aldermen elected to the City Council. SECTION 20: Section 6-3-7-10 “Standards for Unique Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-3-7-10. STANDARDS FOR UNIQUE USES. (F) Each unique use application shall address the planned development stan dards of Section 6-3-6-9 of this Chapter, the public benefit standards of Section 6-3-6- 3 of this Chapter, and the standards for special uses of Section 6-3-5-10 of this Chapter. (G) For each R1 residential preservation unique use exception application evidence that these requirements are met: 1. It is in an R1 residential district; 2. It is in a designated Evanston preservation district; 3. It is in a structure designated by ordinance as an Evanston landmark; Page 36 of 69 P2.Page 286 of 408 68-O-23 ~22~ 4. The parcel for which application for the use is made is a minimum of two (2) acres; 5. The parcel for which application for the use is made is improved with a structure with a minimum of fourteen thousand five hundred (14,500) square feet as defined in Subsection (H) of this Section; 6. Any multi-family structure for which the use is approved must contain no more than four (4) dwelling units. A development plan for an R1 residential preservation unique use exception may provide for more than one (1) principal use on a single zoning lot; and 7. All resultant dwelling units created shall have a minimum floor area, as defined in Section 6-18-3, "Definitions," of this Title, of two thousand (2,000) square feet. Applications for Unique Adaptive Use within an existing building envelope shall be exempt from the off-street parking, loading, and maximum density requirements outlined within this Title. (H) For purposes of this Subsection, gross floor area is the product of the footprint of the building times the number of floors plus any otherwise uncounted roofed areas, or other areas above the first floor that extend past the perimeter of the first floor. Existing building setbacks, height, and lot coverage for applications for Unique Adaptive Use shall be permitted to remain and be considered legally non - conforming regardless of a change in use or intensity of use. SECTION 21: Section 6-3-7-12 “Effect of Approval of Unique Use,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-3-7-12. - EFFECT OF APPROVAL OF UNIQUE USE. The approval of a proposed unique use by the City Council shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approvals that may be required by the regulations of the City, including, but not limited to, a unique use permit, a building permit, a certificate of occupancy and subdivision approval. Development of an approved R1 residential preservation unique use will not require a recommendation from the Land Use Commission or City Council approval provided that it is in conformance with the R1 district regulations. SECTION 22: Section 6-8-2-12 “Access to On-Site Parking,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-8-2-12. - ACCESS TO ON SITE PARKING. In the R1 district on any zoning lot served by an open alley, access to any on site parking, enclosed or unenclosed, shall not cross the front or street side yard lot line(s) Page 37 of 69 P2.Page 287 of 408 68-O-23 ~23~ subject to the following exception: On properties improved with legally existing street loading garages or other on site parking both served by legally existing curb cuts, as of the effective date hereof, said street loading garages or other on site parking may be replaced even if on site parking can access the subject property by an alley. SECTION 23: Section 6-8-3-11 “Access to On-Site Parking,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-8-3-11. - ACCESS TO ON SITE PARKING. In the R2 district on any zoning lot served by an open alley, access to any on site parking, enclosed or unenclosed, shall not cross the front or street side yard lot line(s) subject to the following exception: On properties improved with legally existing street loading garages or other on site parking both served by legally existing curb cuts, as of the effective date hereof, said street loading garages or other on site parki ng may be replaced even if on site parking can access the subject property by an alley. SECTION 24: Section 6-8-4-11 “Access to On-Site Parking,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-8-4-11. - ACCESS TO ON SITE PARKING. In the R3 district on any zoning lot served by an open alley, access to any on site parking, enclosed or unenclosed, shall not cross the front or street side yard lot line(s) subject to the following exception: On properties improved with legally ex isting street loading garages or other on site parking both served by legally existing curb cuts, as of the effective date hereof, said street loading garages or other on site parking may be replaced even if on site parking can access the subject property by an alley. SECTION 25: Section 6-8-6-11 “Access to On-Site Parking,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-8-6-11. - ACCESS TO ON SITE PARKING. In the R4a district on any zoning lot served by an open alley, acces s to any on site parking, enclosed or unenclosed, shall not cross the front or street side yard lot line(s) subject to the following exception: On properties improved with legally existing street loading garages or other on site parking both served by legally existing curb cuts, as of the effective date hereof, said street loading garages or other on site parki ng may be replaced even if on site parking can access the subject property by an alley. SECTION 26: Section 6-4-6-2 “General Provisions for Accessory Uses Page 38 of 69 P2.Page 288 of 408 68-O-23 ~24~ and Structures,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-4-6-2. - GENERAL PROVISIONS FOR ACCESSORY USES AND STRUCTURES. (F) In non-residential districts, accessory uses and structures shall be subject to the yard requirements listed in Table 4-A – Permitted Accessory Buildings, Structures & Uses., and unless otherwise specified, shall be subject to the following setback requirements: (G)(F) No accessory building located in the rear yard of a corner lot shall be nearer to a street lot line than the minimum width required for a side yard abutting a street in the district where the lot is located. (H)(G) No accessory building shall exceed fourteen and one-half (14 1/2) feet in height for a flat roof or mansard roof, or twenty (20) feet measured from grade to the highest point of said structure for all other roofs, except as otherwise provided for garages and coach houses in Section 6 -4-6-4 of this Chapter and as otherwise provided for ADUs in Section 6-4-6-10 of this Chapter. (I)(H) Child daycare centers shall be considered accessory uses in churches whether or not they are operated by the church in which they are located. (J)(I) Bed and breakfast shall be considered accessory uses in residential dwellings subject to the provisions of Section 6-4-7 of this Chapter. (K)(J) Signs shall be considered accessory uses subject to the regulations of Section 6- 19 of this Title. except when an off-premises sign is the only use on a zoning lot. SECTION 27: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 28: 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 1. Front Yard Garages only (attached), principal structure setback applies 2. Side Yard Abutting a Street Garages only (attached), principal structure setback applies 3. Side Yard Five (5) feet, or the principal structure setback, whichever is less 4. Rear Yard Three (3) feet, or the principal structure setback, whichever is less, and subject to 6-4-6-2-E. Page 39 of 69 P2.Page 289 of 408 68-O-23 ~25~ without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 29: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 30: 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: _________________, 2023 Adopted: ___________________, 2023 Approved: __________________________, 2023 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Nicholas E. Cummings, Corporation Counsel Page 40 of 69 P2.Page 290 of 408 07/10/2023 69-O-23 AN ORDINANCE Amending Title 6 of the City Code with an Omnibus Ordinance (2 of 2) to provide Clarifications and Updates the Zoning Ordinance WHEREAS, the City of Evanston is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, as a home rule unit of government, the City has the authority to adopt legislation and to promulgate rules and regulations that protect the publ ic health, safety, and welfare of its residents; and WHEREAS, Article VII, Section 6(a) of the Illinois Constitution of 1970, states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule unit be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164, 174-75 (1992)); and WHEREAS, it is a well-established proposition under all applicable case law that the power to regulate land use through zoning regulations is a legitimate means of promoting the public health, safety, and welfare; and, WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11 -13-1, et seq.) grants each municipality the power to establish zoning regulations; and, WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code of 2012, as amended (“the Zoning Ordinance”); and WHEREAS, the Evanston Land Use Commission (“LUC”), in its capacity as a recommending body to the Evanston City Council on policy and amendments to Page 41 of 69 P2.Page 291 of 408 69-O-23 ~2~ the Zoning Ordinance as the relate to the present and future development or redevelopment of land as identified in the Comprehensive General Plan, pursuant to Section 2-19-4 of the Evanston City Code of 2012, finds the below changes to the Zoning Ordinance necessary to further the goals and objectives of the Comprehensive Plan; and WHEREAS, the LUC has adopted Rules of Procedure in which they may request Community Development Department staff to assist in carrying out their duties as outlined in Section 2-19-4 of the Evanston City Code of 2012 and staff prepared draft Code Amendments for the consideration of the LUC to this effect; and WHEREAS, following due and proper publication of notice in Pioneer North not less than fifteen (15) nor more than thirty (30) days prior thereto, the Evanston Land Use Commission (“LUC”) conducted a public hearing on May 24, 2023 regarding case no. 23PLND-0006 to consider the proposed Code Amendments at which evidence, testimony, and exhibits in support of the Code Amendments were presented, and at which interested parties were provided the opportunity to provide public comment; and WHEREAS, after having considered the evidence presented, including the exhibits and materials submitted, and public testimony provided, the LUC found that: A. The proposed Code Amendments are consistent with the goals, objectives, and policies of the Comprehensive General Plan, as adopted and amended from time to time by the City Council. B. The proposed Code Amendments are compatible with the overall character of existing development in the neighborhoods to which the Page 42 of 69 P2.Page 292 of 408 69-O-23 ~3~ amendments will apply. The proposed Code Amendments address various issues and clarifications that have arisen over time. These changes are not expected to significantly alter the character of neighborhoods. C. The proposed Code Amendments will not have an adverse effect on the value of properties within the City. The proposed amendments aim to improve conditions on properties by addressing issues such as signage regulations and consistent language and expectations. D. The proposed Code Amendments will not negatively impact the provi sion of public facilities and services. WHEREAS, after making its findings as set forth herein, the LUC recommended approval of the proposed Code Amendments pursuant to Sections 6 -3-4- 5 and 6-3-4-6 of the Zoning Ordinance by a vote of six (6) “yes” votes and zero (0) “no” votes with three (3) absent to the Planning and Development Committee (“P & D Committee”) of the City Council approval thereof; and WHEREAS, on July 10, 2023, the P & D Committee held a meeting in compliance with the Illinois Open Meetings Act, received input from the public, carefully considered the findings and recommendation for approval with modifications by the LUC in case no. 23PLND-0006 as outlined herein, concurred with said findings, and recommended approval of the proposed Code Amendments to the City Council; and WHEREAS, at its meetings on July 10, 2023, and July 24, 2023, held in compliance with the Open Meetings Act, the City Council considered the aforementioned findings of fact related to the proposed Code Amendments, as Page 43 of 69 P2.Page 293 of 408 69-O-23 ~4~ recommended by the LUC and the P & D Committee and amended and outlined herein; and WHEREAS, the City Council finds that it is in the best interest of the City of Evanston to codify these changes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Council has considered the findings and recommendations of the LUC and the P & D Committee with regard to the proposed Code Amendments as outlined herein and the foregoing recitals are hereby fo und and adopted as fact with regard to the proposed Code Amendments. SECTION 2: Section 6-4-6-3 “Allowable Accessory Uses and Structures” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-4-6-3. – ALLOWABLE ACCESSORY USES AND STRUCTURES (DETACHED FROM PRINCIPAL STRUCTURE). (B) Table 4-A – Permitted accessory buildings, structures and uses: Table 4-A includes yard obstructions (see Subsection 6-4-1-9 (B) of this Chapter) attached to the principal or a secondary structure as well as freestanding accessory buildings, structures, and uses. 18. Loading Berths subject to Section 6-16-4 of this Title S R Both 1819. Open off-street parking (however, in a residential district open off-street parking shall be within 30 feet of the rear lot line or alley) F S R Both 1920. Laundry drying equipment R Rsd 2021. Ornamental light standards F R Both 2122. Solar collectors (active and passive) subject to Section 6-4-6- 8 of this Chapter F S R Both Page 44 of 69 P2.Page 294 of 408 69-O-23 ~5~ 23. Patio R Both 2224. Permanently anchored lawn furniture (garden furniture and decorations such as benches, sundials, birdbaths, statues, sculpture and artwork) F R Both 2325. Playground equipment and playhouses (provided they are no closer than 5 feet from any property line) R Rsd 2426. Porte-cochere (projecting no more than 10 feet from an exterior wall in a residential district and no more than 15 feet in a nonresidential district) F S R N- Rsd 2527. Sheds and storage structures for garden equipment (sheds for propagation or keeping of birds, poultry (except hens), or livestock are prohibited) R Rsd 2628. Steps, open (shall not be less than 1 foot from a lot line) F S R Both 2729. Storage of any vehicles (provided they are no closer than 10 feet from any property line) R N- Rsd 2830. Storage of boats and recreational vehicles. (In residential, RE, transitional, and university districts, not more than 1 truck with a gross weight of 8,000 pounds or less, or 1 trailer with a gross weight of 5,000 pounds or less, and not more than 1 motorized mobile camping unit, boat, and/or boat trailer may be parked within a building or in a rear yard, but not in a front or side yard or in any court area that opens toward a public street.) R Rsd 2931. Swimming pools (provided they are no closer than 10 feet from any property line) R Rsd 3032. Tennis courts (provided they are no closer than 10 feet from any property line) R Both 31. Terraces at grade F S R Both 3233. Transformers R Rsd S R N- Rsd SECTION 3: Section 6-16-4-1, “Location” of the Evanston City Code of Page 45 of 69 P2.Page 295 of 408 69-O-23 ~6~ 2012, as amended, is hereby amended as follows: 6-16-4-1. – LOCATION. (C) Loading Berths that are open to the sky shall be subject to the open parking setbacks required in the underlying zoning district. SECTION 4: Section 6-18-3 “Definitions” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-18-3. - DEFINITIONS. MIXED-USE MARKET One facility that features a variety of sub -uses, often start-ups and unique or innovative local businesses, that encourage cross -patronage in one experience. Some sub-uses may not be listed or eligible uses within the zoning district the facility is located, but may be allowed when the majority of the sub-uses are retail, restaurant, and/or service oriented in nature. PATIO: A portion of a lot which is improved with a hardscape material at grade detached anywhere on a lot or attached to the house in side or rear yards. An unroofed area improved with a hardscape material that is not a walkway or open parking space and is intended for recreational use . TERRACE: An uncovered outdoor surface attached to the building and located between the building and the right-of-way. When roofed, a terrace shall be considered a porch. SECTION 5: Section 6-9-2-2.5 “Administrative Review Uses” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-9-2-2.5. – ADMINISTRATIVE REVIEW USES. The following uses may be allowed in the B1 district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title: Mixed-Use Market (provided the use does not exceed 7,500 square feet) SECTION 6: Section 6-9-2-3 “Special Uses” of the Evanston City Code of 2012, as amended, is hereby amended as follows: Page 46 of 69 P2.Page 296 of 408 69-O-23 ~7~ 6-9-2-3. – SPECIAL USES. The following uses may be allowed in the B1 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: Mixed-Use Market (over 7,500 square feet in size) SECTION 7: Section 6-9-3-2.5 “Administrative Review Uses” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-9-3-2.5. – ADMINISTRATIVE REVIEW USES. The following uses may be allowed in the B2 district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title: Mixed-Use Market (provided the use does not exceed 7,500 square feet) SECTION 8: Section 6-9-3-3 “Special Uses” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-9-3-3. – SPECIAL USES. The following uses may be allowed in the B2 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: Mixed-Use Market (over 7,500 square feet in size) SECTION 9: Section 6-9-4-2.5 “Administrative Review Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows : 6-9-4-2.5. – ADMINISTRATIVE REVIEW USES. The following uses may be allowed in the B3 district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title: Mixed-Use Market (provided the use does not exceed 7,500 square feet) SECTION 10: Section 6-9-4-3 “Special Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-9-4-3. - SPECIAL USES. Page 47 of 69 P2.Page 297 of 408 69-O-23 ~8~ The following uses may be allowed in the B3 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: Mixed-Use Market (over 7,500 square feet in size) SECTION 11: Section 6-9-5-2.5 “Administrative Review Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-9-5-2.5. – ADMINISTRATIVE REVIEW USES. The following uses may be allowed in the B1a district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title: Mixed-Use Market (provided the use does not exceed 7,500 square feet) SECTION 12: Section 6-9-5-3 “Special Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-9-5-3. - SPECIAL USES. The following uses may be allowed in the B1a business district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: Mixed-Use Market (over 7,500 square feet in size) SECTION 13: Section 6-10-2-2 “Permitted Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-10-2-2. - PERMITTED USES. The following uses are permitted in the C1 district: Mixed-Use Market (provided the use does not exceed 7,500 square feet) SECTION 14: Section 6-10-2-2.5 “Administrative Review Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows : 6-10-2-2.5. - ADMINISTRATIVE REVIEW USES. The following uses may be allowed in the C1 district, subject to the provisions set forth Page 48 of 69 P2.Page 298 of 408 69-O-23 ~9~ in Section 6-3-5-16, "Administrative Review Uses," of this Title: Mixed-Use Market (over 7,500 square feet in size and not exceeding 20,000 square feet in size) SECTION 15: Section 6-10-2-3 “Special Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-10-2-3. - SPECIAL USES. The following uses may be allowed in the C1 district, subject to t he provisions set forth in Section 6-3-5, "Special Uses," of this Title: Mixed-Use Market (over 20,000 square feet in size) SECTION 16: Section 6-10-3-2 “Permitted Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-10-3-2. - PERMITTED USES. The following uses are permitted in the C1a district: Mixed-Use Market (provided the use does not exceed 7,500 square feet) SECTION 17: Section 6-10-3-2.5 “Administrative Review Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-10-3-2.5. - ADMINISTRATIVE REVIEW USES. The following uses may be allowed in the C1a district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title: Mixed-Use Market (over 7,500 square feet in size and not exceeding 20,000 square feet in size) SECTION 18: Section 6-10-3-3 “Special Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-10-3-3. - SPECIAL USES. The following uses may be allowed in the C1a district, subject to the provisions set Page 49 of 69 P2.Page 299 of 408 69-O-23 ~10~ forth in Section 6-3-5 of this Title: Mixed-Use Market (over 20,000 square feet in size) SECTION 19: Section 6-10-4-2 “Permitted Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-10-4-2. - PERMITTED USES. The following uses are permitted in the C2 district: Mixed-Use Market (provided the use does not exceed 7,500 square feet) SECTION 20: Section 6-10-4-2.5 “Permitted Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-10-4-2.5. - ADMINISTRATIVE REVIEW USES. The following uses may be allowed in the C2 district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title: Mixed-Use Market (over 7,500 square feet in size and not exceeding 20,000 square feet in size) SECTION 21: Section 6-10-4-3 “Special Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-10-4-3. - SPECIAL USES. The following uses may be allowed in the C2 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: Mixed-Use Market (over 20,000 square feet in size) SECTION 22: Section 6-11-2-2 “Permitted Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-11-2-2. - PERMITTED USES. The following uses are permitted in the D1 district: Page 50 of 69 P2.Page 300 of 408 69-O-23 ~11~ Mixed-Use Market (provided the use is 20,000 square feet or less in size) SECTION 23: Section 6-11-2-3 “Special Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-11-2-3. - SPECIAL USES. The following uses may be allowed in the D1 district, subject to the provisions set forth in Section 6-3-5 of this Title: Mixed-Use Market (over 20,000 square feet in size) SECTION 24: Section 6-11-3-3 “Permitted Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-11-3-3. - PERMITTED USES. The following uses are permitted in the D2 district: Mixed-Use Market (provided the use is 20,000 square feet or less in size) SECTION 25: Section 6-11-3-4 “Special Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-11-3-4. - SPECIAL USES. The following uses may be allowed in the D2 district, subject to the provisions set forth in Section 6-3-5 of this Title: Mixed-Use Market (over 20,000 square feet in size) SECTION 26: Section 6-11-4-2 “Permitted Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-11-4-2. - PERMITTED USES. The following uses are permitted in the D3 district: Mixed-Use Market (provided the use is 20,000 square feet or less in size) SECTION 27: Section 6-11-4-3 “Special Uses,” of the Evanston City Code Page 51 of 69 P2.Page 301 of 408 69-O-23 ~12~ of 2012, as amended, is hereby amended as follows: 6-11-4-3. - SPECIAL USES. The following uses may be allowed in the D3 district, subject to the provisions set forth in Section 6-3-5 of this Title: Mixed-Use Market (over 20,000 square feet in size) SECTION 28: Section 6-11-5-2 “Permitted Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-11-5-2. - PERMITTED USES. The following uses are permitted in the D4 dis trict: Mixed-Use Market (provided the use is 20,000 square feet or less in size) SECTION 29: Section 6-11-5-3 “Special Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-11-5-3. - SPECIAL USES. The following uses may be allowed in the D4 district, subject to the provisions set forth in Section 6-3-5 of this Title: Mixed-Use Market (over 20,000 square feet in size) SECTION 30: Section 6-12-2-2 “Permitted Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-12-2-2. - PERMITTED USES. The following uses are permitted in the RP district: Mixed-Use Market (provided the use is 20,000 square feet or less in size) SECTION 31: Section 6-12-2-3 “Special Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: Page 52 of 69 P2.Page 302 of 408 69-O-23 ~13~ 6-12-2-3. - SPECIAL USES. The following special uses may be permitted in the RP district, subject to the prov i- sions set forth in Section 6-3-5 of this Title: Mixed-Use Market (over 20,000 square feet in size) SECTION 32: Section 6-13-2-2 “Permitted Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-13-2-2. - PERMITTED USES. The following uses are permitted in the MU district: Mixed-Use Market (provided the use does not exceed 7,500 square feet) SECTION 33: Section 6-13-2-2.5 “Administrative Review Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-13-2-2.5. - ADMINISTRATIVE REVIEW USES. The following uses may be allowed in the MU district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title: Mixed-Use Market (over 7,500 square feet in size and not exceeding 20,000 square feet in size) SECTION 34: Section 6-13-2-3 “Special Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-13-2-3. - SPECIAL USES. The following uses may be allowed in the MU district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: Mixed-Use Market (over 20,000 square feet in size) SECTION 35: Section 6-13-3-2 “Permitted Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: Page 53 of 69 P2.Page 303 of 408 69-O-23 ~14~ 6-13-3-2. - PERMITTED USES. The following uses are permitted in the MUE district: Mixed-Use Market (provided the use does not exceed 7,500 square feet) SECTION 36: Section 6-13-3-2.5 “Administrative Review Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-13-3-2.5. - ADMINISTRATIVE REVIEW USES. The following uses may be allowed in the MUE district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title: Mixed-Use Market (over 7,500 square feet in size and not exceeding 20,000 square feet in size) SECTION 37: Section 6-13-3-3 “Special Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-13-3-3. - SPECIAL USES. The following uses may be allowed in the MUE district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: Mixed-Use Market (over 20,000 square feet in size) SECTION 38: Section 6-13-4-2 “Permitted Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-13-4-2. - PERMITTED USES. The following uses are permitted in the MXE district: Mixed-Use Market (provided the use does not exceed 7,500 square feet) SECTION 39: Section 6-13-4-2.5 “Administrative Review Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-13-4-2.5. - ADMINISTRATIVE REVIEW USES. Page 54 of 69 P2.Page 304 of 408 69-O-23 ~15~ The following uses may be allowed in the MXE district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title: Mixed-Use Market (over 7,500 square feet in size and not exceeding 20,000 square feet in size) SECTION 40: Section 6-13-4-3 “Special Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-13-4-3. - SPECIAL USES. The following uses may be allowed in the MXE district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: Mixed-Use Market (over 20,000 square feet in size) SECTION 41: Section 6-14-2-2 “Permitted Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-14-2-2. - PERMITTED USES. The following uses are permitted in the I1 district: Mixed-Use Market (provided the use does not exceed 7,500 square feet) SECTION 42: Section 6-14-2-2.5 “Administrative Review Uses,” of the Evanston City Code of 2012, as amended, is hereby established as follows: 6-14-2-2.5. – ADMINISTRATIVE REVIEW USES. The following uses may be allowed in the I1 District, subject to the provisions set forth in Section 6-3-5-16, “Administrative Review Uses,” of this Title: Mixed-Use Market (over 7,500 square feet in size and not exceeding 20,000 square feet in size) SECTION 43: Section 6-14-2-3 “Special Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-14-2-3. - SPECIAL USES. Page 55 of 69 P2.Page 305 of 408 69-O-23 ~16~ The following uses may be allowed in the I1 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: Mixed-Use Market (over 20,000 square feet in size) SECTION 44: Section 6-14-3-2 “Permitted Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-14-3-2. - PERMITTED USES. The following uses are permitted in the I2 district: Mixed-Use Market (provided the use does not exceed 7,500 square feet) SECTION 45: Section 6-14-3-2.5 “Administrative Review Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-14-3-2.5. - ADMINISTRATIVE REVIEW USES. The following uses may be allowed in the I2 district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title: Mixed-Use Market (over 7,500 square feet in size and not exceeding 20,000 square feet in size) SECTION 46: Section 6-14-3-3 “Special Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-14-3-3. - SPECIAL USES. The following uses may be allowed in the I2 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: Mixed-Use Market (over 20,000 square feet in size) SECTION 47: Section 6-14-4-2 “Permitted Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-14-4-2. - PERMITTED USES. The following uses are permitted in the I3 district: Page 56 of 69 P2.Page 306 of 408 69-O-23 ~17~ Mixed-Use Market (provided the use does not exceed 7,500 square feet) SECTION 48: Section 6-14-4-2.5 “Administrative Review Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-14-4-2.5. - ADMINISTRATIVE REVIEW USES. The following uses may be allowed in the I3 district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title: Mixed-Use Market (over 7,500 square feet in size and not exceeding 20,000 square feet in size) SECTION 49: Section 6-14-4-3 “Special Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-14-4-3. - SPECIAL USES. The following uses may be allowed in the I3 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: Mixed-Use Market (over 20,000 square feet in size) SECTION 50: Section 6-15-2-2.5 “Administrative Review Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-15-2-2.5. - ADMINISTRATIVE REVIEW USES. The following uses may be allowed in the O1 district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title: Mixed-Use Market (provided the use does not exceed 7,500 square feet) SECTION 51: Section 6-15-2-3 “Special Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-15-2-3. - SPECIAL USES. The following uses may be allowed in the O1 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: Page 57 of 69 P2.Page 307 of 408 69-O-23 ~18~ Mixed-Use Market (over 7,500 square feet in size) SECTION 52: Section 6-15-14-7 “Active Ground Floor Uses,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-15-14-7. - ACTIVE GROUND FLOOR USES. In Subareas 3, 4, 5, 6 and 7, active uses shall occupy the ground floor level along the primary street frontage. "Active uses" are hereby defined in the table below along with the matter in which they are allowed in each subarea as either permitted use ("P") or administrative review use ("A") or special use ("S"). In Subareas 3, 4, 5, 6 and 7, active uses shall occupy the ground floor level along the primary street frontage. "Active uses" are hereby defined in the table below along with the matter in which they are allowed in each subarea as either permitted use ("P") or administrative review use ("A") or special use ("S"). Uses: B1A (Subareas 4, 5 and 6) O1 (Subarea 3) C2 (Subarea 7) Mixed-Use Market (provided the use does not exceed 7,500 square feet) A A A Mixed-Use Market (over 7,500 square feet in size S S S SECTION 53: Section 6-3-6-12 “Adjustments to Development Plans,” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-3-6-12. – ADJUSTMENTS TO DEVELOPMENT PLANS (A) New Application Required for Amendments: Except for minor and major adjustments authorized pursuant to Subsections 6 -3-6-12 (B) and 6-3-6-12 (C) no amendment shall be made in the construction, development or use of a planned development without a new application under the provisions of this Ordinance. The date of completion of a planned development, for which an amendment has been proposed, may be extended by the City Council for good cause. (B) Major Adjustments: Prior to construction or during build-out of the planned development, the City Council may authorize major adjustments to the approved development plan. Major adjustments are limited to the following: Page 58 of 69 P2.Page 308 of 408 69-O-23 ~19~ 1. Any alteration in the development plan that requests or establishes a new Site Development Allowance. 2. Any alteration in the development plan that requests or establishes an increase in the degree of an approved Site Development Allowance. Major Adjustments shall follow the full process and requirements for new planned development proposals pursuant to Section 6-3-6 and including the application procedure outlined in Subsection 6-3-6-7. Such process includes public notification to all property owners within 1,000 of the development boundaries and a public hearing with the Land Use Commission pursuant to Subsection 6 -3-6-8, standards for approval outlined in Subsection 6-3-6-9, and a final determination by the City Council pursuant to Subsection 6-3-6-2. (B)(C) Minor Adjustments: Prior to construction or dDuring build-out of the planned development, the Zoning Administrator may authorize, following review and recommendation of the Design and Project Review Committee, the City Council may authorize minor adjustments to the approved development plan ., when such adjustments appear necessary in light of technical or engineering considerations. Any adjustment to the development plan not authorized by Subsection (B) of this Section shall be considered a minor adjustment. Such minor adjustments include the following: 1. Altering the location of any one (1) structure or group of structures by not more than one-fourth (¼) of the distance shown on the approved development plan between such structure or structures, and any other structure or any vehicular circulation element or any boundary of the site, whichever is less. 2. Altering the location of any circulation element by not more than one -fourth (¼) of the distance shown on the approved development plan between s uch circula- tion element and any structure, whichever is less. 3. Altering the siting of any open space by not more than twenty percent (20%). 4. Altering any final grade by not more than twenty percent (20%) of the originally planned grade. 5. Altering the location or type of landscaping elements by not more than twenty percent (20%). 6. Altering the location or type of utility equipment. 1. Any alteration in the development plan that does not request or establish a new Site Development Allowance. 2. Any alteration in the development plan that decreases the degree of an existing Site Development Allowance. 3. Any alteration to a building facade and/or primary building materials. 4. Modification to conditions and/or public benefits listed within the approved ord i- nance. 5. Extensions to development and construction timelines listed within the approved ordinance. Page 59 of 69 P2.Page 309 of 408 69-O-23 ~20~ Such minor adjustments shall be consistent with the intent and purpose of the Ordinance and the development plan as approved pursuant to this Section 6 -3-6, and shall be the minimum necessary to overcome the particular difficulty and shall not be approved if such adjustments would result in a violation of any standard or requirement of this Ordinance. For properties located in a designated historic district or incorporating ide ntified historic structures, no such adjustment shall be granted for any critical structure, feature or element identified in the approved development plan as historically contributing without the prior consent of the preservation commission. Minor Adjustments shall not include any alteration to the development plan that results in an increase in zoning relief that is within the purview of the Land Use Commission. The Zoning Administrator may, at his/her/their discretion, require of the applicant an updated zoning analysis application and/or additional studies or impact analyses when he/she/they determine a reasonable need for such investigation is indicated. Minor Adjustments may be reviewed by the Design & Project Review Committee if deemed necessary by the Zoning Administrator pursuant to the development alterations proposed. Minor adjustments shall then proceed directly to the Planning & Development Committee, and include a final determination by the City Council pursuant to Subsection 6-3-6-2. (C) Major Adjustments: Major Adjustments: Any adjustment to the approved development plan not authorized by Subsection (B) of this Section, is considered to be a major adjustment. The City will provide notice, through the use of a third party service, by first class mail to all owners of property within a one thousand (1,000) foot radius of the property lines of the planned development, inclusive of public roads, streets, alleys and other public ways from the planned development site whose addresses appear on the current tax assessment list. The applicant must pay any and all fees and postage associated with mailing such notice pursuant to this Section. The City reserves the right to provide the aforementioned notice by first class mail where the Zoning Administrator finds it necessary. Upon providing such notice, the Plan Commission may approve an application for a major adjustment to the development plan not requiring a plan as approved, then the Commission shall review the request in accordance with the procedures set forth in Section 6-3-6-8 of this Chapter. SECTION 54: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 55: 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 Page 60 of 69 P2.Page 310 of 408 69-O-23 ~21~ without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 56: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 57: 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: _________________, 2023 Adopted: ___________________, 2023 Approved: __________________________, 2023 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Nicholas E. Cummings, Corporation Counsel Page 61 of 69 P2.Page 311 of 408 Referral from Land Use Commission To: Elizabeth Williams, Planning Manager Melissa Klotz, Zoning Administrator From: Matt Rodgers, Chair, Land Use Commission Cc: The Honorable Daniel Biss, Mayor, City of Evanston Sarah Flax, Interim Director of Community Development Nicholas Cummings, Corporation Counsel Subject: Referral of Land Use Omnibus Items Date: March 23, 2023 As Chair of the Land Use Commission, and in accordance with Section 2-19-4 (B) of the Municipal Code granting authority of the Land Use Commission “to initiate studies, reports and recommendations to the City Council, City Manager, or officials of other local governmental bodies on matters concerning the present or future development or redevelopment of the City,” I respectfully request that the Community Development Department preparing for discussion the following items. That the City of Evanston: • Establish a Unified Sign Plan process which would update definition and intent, create a process with the Land Use Commission as the determining body, but require that the Commission make a recommendation to City Council on any signage over 50' in height; • Develop signage standards which would update eligible Minor and Major Variations for signs and create standards that are simpler than the City’s existing variation standards; • Expand Transit Oriented Development maps to an appropriate radius, providing consistent buffer distances with one recommended across all zoning districts, but no changes be recommended for existing TOD parking requirements; • Update Municipal Code language to be consistent with Commission rules which state that a written continuance provided with appropriate reasoning “may be granted” not “shall be granted”; • Change “Unique Use” to “Unique Adaptive Use” process, opening it to all areas of the City and not just R1 landmark properties, and require a Special Use with increased density instead of requiring multiple variations; • Correct language for prohibiting curb cuts when alley access is present, so it applies to street side yard access; • Establish accessory structure setbacks in non-residential districts; Page 62 of 69 P2.Page 312 of 408 • Clarify parking setbacks include loading berths for all districts; • Clarify “Patio” and “Terraces” definitions and yard requirements; • Establish “Mixed-Use Market” as an eligible principal use in all non-residential districts for shared mixed-use business concepts, along with any required parking, and in consultation with the City’s business districts; • Clarify the definition of an Apartment Hotel definition to state that the property must be at least 25% rental, but if it exceeds 50% the primary use changes to a Hotel; and • Revive the Minor/Major Planned Development Adjustments, which stalled in the Referrals Committee, to make any site development allowance that would normally require a hearing before Commission a Major Adjustment; all others would be Minor and addressed administratively. Staff shall coordinate with the Commission Chair on these referrals to present the aforementioned to the Land Use Commission into an appropriate number of omnibus text amendments based on priority and necessity. Page 63 of 69 P2.Page 313 of 408 DRAFT - NOT APPROVED Page 1 of 6 May 24, 2023 Land Use Commission Meeting MEETING MINUTES EXCERPT LAND USE COMMISSION Wednesday, May 24, 2023 7:00 PM Lorraine H. Morton Civic Center, 2100 Ridge Avenue, James C. Lytle City Council Chambers Members Present: Kiril Mirintchev, Kristine Westerberg, Matt Rodgers, Myrna Arevalo, Brian Johnson and Jeanne Lindwall Members Absent: Max Puchtel, John Hewko, and George Halik Staff Present: Assistant City Attorney Brian George, Planner Katie Ashbaugh, Neighborhood, Zoning Administrator Melissa Klotz, and Planning Manager Liz Williams Presiding Member: Matt Rodgers _____________________________________________________________________ Call to Order Chair Rodgers opened the meeting at 7:03 PM. A roll call was then done and a quorum was determined to be present. C. Public Hearing: Text Amendments | Omnibus Text Amendment Package | 23PLND-0006. A City-initiated Text Amendment to the Zoning Ordinance, Title 6 of the Evanston City Code, for an Omnibus Text Amendment package relating to the following: 1. Amend the definition and applicability of Unified Comprehensive Sign Plans and establish a review process with the Land Use Commission as the final determining body (Chapters 3, 19). 2. Modify eligible Major and Minor Variations related to signs and establish Standards for Approval for Major and Minor Variations related to signs (Chapters 3, 19). 3. Amend the TOD (Transit Oriented Development) Area definition to encompass a consistent and predictable distance from mass transit lines (Section 6 -18-3). 4. Clarify language and procedures for continuance requests to public hearings (Chapter 3). 5. Modify the Unique Use process into a Unique Adaptive Use process that is eligible to historic and non-historic properties (Section 6-3-7, Section 6-18-3). 6. Clarify language that prohibits curb cuts to the street when alley access is present in Residential Districts (Chapter 8). 7. Clarify accessory structure required setbacks and yards in non -residential districts (Section 6-4-6). Page 64 of 69 P2.Page 314 of 408 DRAFT - NOT APPROVED Page 2 of 6 May 24, 2023 Land Use Commission Meeting 8. Clarify open parking required setbacks and yards also a pply to loading berths (Section 6-4-6, Chapter 16). 9. Clarify definitions, yards, and setbacks for Patios and Terraces (Section 6 -18-3, Section 6-4-6) 10. Establish a Mixed-Use Market as an eligible principal use in non -residential and non-university districts (Title 6, Section 6-18-3). 11. Modify the existing Apartment Hotel use and/or definition for clarity (Section 6 -18- 3, Section 6-8-8, Section 6-11-4). 12. Clarify and modify the process for Adjustments to Development Plans for Planned Developments (Section 6-3-6-12). The Land Use Commission makes a recommendation to the City Council, the determining body for this case per City Code Section 6-3-4-5. Deliberations Chair Rodgers opened with Item Number 12. The proposed change aims to ensure that if a site development allowance is granted and changes need to be made (such as building height, FAR, parking, etc.) it would come back to the commissioners for review. However, if the modifications did not require commission involvement at the beginning, it would be handled by staff. The commissioners discussed Item Number 11. It is suggested to remove the definition of an apartment hotel and differentiate between hotels and apartments. Commissioner Lindwall expressed concern about changing definitions while a specific case is ongoing and suggested addressing residential definitions comprehensively as part of the zoning rewrite. Chair Rodgers preferred to act now regarding apartment hotels to prevent issues in the future. The commissioners considered Item Number 3. They agreed to state the distance for Transit-Oriented Developments as ⅛ mile from a transit station and ¼ mile from a transit station along a commercial corridor. Commissioner Lindwell recommended exploring bus routes and transit further in the comprehensive planning process. The commissioners considered Item Number 4. The purpose is to resolve any remaining contradictions between "may" and "shall" regarding the granting of continuances. They agreed that the aim is to use the “may” language and provide clear guidelines for granting continuances while ensuring that the decision to grant or deny a continuance remains. The commissioners considered Item Numbers 1 and 2. Ms. Ashbaugh briefed that the standards for sign variations, previously evaluated by the Design and Project Review Committee, will now be used when evaluated by the Land Use Commission. The second procedural change would allow businesses to request sign packages for entire properties and multi-tenant properties. The evaluation of sign variations will focus on factors such as unique architecture, site layout and hardship. The content -based Page 65 of 69 P2.Page 315 of 408 DRAFT - NOT APPROVED Page 3 of 6 May 24, 2023 Land Use Commission Meeting directory sign has been removed from the sign code definitions. Additionally, there are future plans to rewrite the sign code to ensure content neutrality based on property use, lot size, and building type. Overall, the proposed changes aim to improve the administration of the sign code and reduce the need for detailed evaluations of sign variations by the Land Use Commission. Commissioner Lindwall inquired about the definition of a directory sign. Ms. Asbaugh said that it is smaller in size and not intended to compete with main signage or be easily legible from a public right-of-way. The purpose of specifying that it is not legible from a public right-of-way is to ensure that the sign serves its intended function without requiring a permit. A suggestion to clarify the definition by adding the phrase "and not intended to be legible from a public right-of-way" was agreed to. The commissioners considered Item Number 5. Ms. Klotz briefed that staff is requesting to expand the Unique Use process to a Unique Adaptive Use process to apply to any property, not just designated landmark properties. This expansion woul d allow non-historic structures, such as older buildings with no landmark designation, to be adapted and repurposed instead of being demolished. This is particularly beneficial for properties located in the R1 District where limited options for reuse currently exist. Commissioner Westerberg raised a concern regarding the proposal to eliminate parking requirements for adaptive use of buildings. The concern is that if these buildings are converted into residential structures, there may still be a need for parking. Ms. K lotz responded that the intent is not to eliminate parking requirements but rather to allow for flexibility through the Special Use approval process. This would enable a case -by-case evaluation of the appropriate amount of parking based on the proposed us e and the specific district. Commissioner Mirintchev asked if the proposed change would apply to all zoning districts and Ms. Klotz confirmed that it would and there was no further discussion. The commissioners considered Item Number 6. Ms. Klotz reviewed that the current Zoning Ordinance does not provide for all curb cut conditions. The ordinance prohibits new curb cuts in the front yard when alley access is available. However, it does not account for street side yards where driveways could potentially be constructed. To address this and promote pedestrian safety, the proposed language extends the restriction to include street side yards, encouraging the use of alleys. In response to Commissioner Mirintchev about circular driveways, Ms. Klotz said tha t no changes are proposed regarding them. Commissioner Arevalo asked about the case of a corner lot with two streets. Ms. Klotz responded that if a corner lot without an alley desired two curb cuts—one on each street—to create a circular driveway spanning both streets, it would meet the Zoning Ordinance requirements. However, it is unlikely to comply with Public Works requirements, particularly the distance from the intersection, making it unlikely to be approved. The commissioners considered Item Number 7. Ms. Klotz summarized that the current Zoning Ordinance lacks clarity for non-residential districts about accessory structure Page 66 of 69 P2.Page 316 of 408 DRAFT - NOT APPROVED Page 4 of 6 May 24, 2023 Land Use Commission Meeting setbacks and yards. The approach has been to apply the same setbacks as residential districts, typically five or three feet, unless the setback of the principal structure is even less. The request is to codify this past policy for clarity. There were no questions. The commissioners considered Item Number 8. Ms. Klotz explained that the Zoning Ordinance currently specifies setbacks and yards for open parking but does not include loading areas. However, it is logical to include loading areas within the same regulations. Commissioner Westerberg asked about loading berths in larger developments and Ms. Klotz clarified that the requirement for loading berths will remain unchanged, but variations or site development allowances can still be requested through the Planned Development process or other entitlement processes. The commissioners considered Item Number 9. Ms. Klotz stat ed that the Zoning Ordinance has conflicting definitions and yard setbacks for patios and terraces. To simplify the regulations, it is proposed that terraces at grade be treated as front porches or patios depending on their location. Patios will be restricted to rear yards, while terraces will be considered roofed porches. In response to Commissioner Mirintchev about patio setbacks, Ms. Klotz determined that addressing this issue would require a significant text amendment to multiple code sections, so it was decided to leave this issue for the new zoning ordinance update. In response to Commissioner Arevalo question regarding above grade terraces, Ms. Klotz described that an elevated open area would meet the definition of a deck and be treated as such. If it served as the rooftop for a second-story structure, it would follow the setbacks of the principal structure underneath it. The commissioners considered Item Number 10. Ms. Klotz summarized that staff is requesting the establishment of a new use called "mixed-use market" to accommodate a variety of uses within a single building or location. This type of use has been successful in larger communities and repurposed industrial buildings in bustling commercial districts. However, current zoning regulat ions create challenges as individual uses may not comply with existing district requirements or may be unique and not covered by the Zoning Ordinance. The request is to create an overall use category with some flexibility in regulations, particularly in downtown areas, and moderate flexibility in neighborhood business and commercial districts. This would address the need for small businesses, pop-ups, and economic development. The current process of obtaining individual special uses for each sub-use within a mixed-use market has proven cumbersome and inefficient. A more streamlined approach is desired to evaluate the entire facility as a whole and determine its overall appropriateness. Commissioner Lindwall suggested clarifying the square footage range for the "mixed-use market" special use category as more than 7,500 square feet and less than 20,000 square feet. She also inquired about adding freestanding big box spaces and industrial spaces that might exceed 20,000 square feet in other specific distri cts. Discussion ensued on how to update the chart to add those as a special use. Commissioner Westerberg asked how the different uses within the establishment would self-regulate and address any potential conflicts or incongruities. Ms. Klotz responded Page 67 of 69 P2.Page 317 of 408 DRAFT - NOT APPROVED Page 5 of 6 May 24, 2023 Land Use Commission Meeting that the proposed definition of a mixed-use market specifies that most of the sub-uses must be retail, restaurant, and/or service-oriented in nature. This requirement aims to maintain a commercial atmosphere and discourage nuisance uses. Chair Rodgers added that Property Standards would be responsible for addressing any nuisance issues that arise. There was no public testimony. The Chair reviewed the four Standards for Amendments (Section 6 -3-4-5) in context of allowing the text amendments. 1. Whether the proposed amendment is consistent with the goals, objectives and policies of the Comprehensive General Plan as adopted and amended from time to time by the City Council: The current Comprehensive General Plan aims for adaptive reuse so the proposed amendments for mixed-use market areas (10), Unique Adaptive Use (5), consistent language (4, 6, 7, 8, and 9), and business impact on neighborhoods (1, 2) meet the standard. 2. Whether the proposed amendment is compatible with the overall character of existing development in the immediate vicinity of the subject property: The proposed amendments address various issues and clarifications that have arisen over time. These changes are not expected to significantly alter the character of neighborhoods, so the standard is met. 3. Whether the proposed amendment will have an adverse effect on the value of adjacent properties: The proposed amendments aim to improve conditions on properties by addressing issues such as signage regulations and consistent language and expectations, so the standard is met. 4. The adequacy of public facilities and services: No strain is anticipated so the standard is met. Commissioner Lindwall made a Motion to recommend approval of the Omnibus Text Amendment Package, 23PLND-0006, to the Planning & Development Committee of the City Council, with the following amendments to the proposed changes: 1. Adjustment to the definition of ‘directory sign’ under Section 6-19-3(C) 2. Clarifying the floor area size range of the new use, ‘mixed -use market’, allowed in certain zoning districts as either a permitted, special, or administrative review use. Second by Commissioner Arevalo. A roll call vote was taken, and the motion carried 6-0 with 3 absent. Communications Ms. Williams thanked Ms. Ashbaugh for her contributions and noted her last day would be June 9, 2023. Adjournment Page 68 of 69 P2.Page 318 of 408 DRAFT - NOT APPROVED Page 6 of 6 May 24, 2023 Land Use Commission Meeting Commissioner Westerberg motioned to adjourn, Commissioner Lindwall seconded, and the motion carried, 6-0. Adjourned 8:52 PM. The next meeting of the Evanston Land Use Commission is a Special Meeting to be held on Wednesday, June 28, 2023, at 7:00 PM, in the James C. Lytle Council Chambers in the Lorraine H. Morton Civic Center. Respectfully submitted, Amy Ahner, AICP, Planning Consultant Reviewed by, Katie Ashbaugh, AICP, Planner Page 69 of 69 P2.Page 319 of 408 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of the Planning and Development Committee From: Michael Griffith, Development Planner CC: Sarah Flax, Director of Community Development, Elizabeth Williams, Planning Manager Subject: Resolution 22-R-23, Approving a Plat of Subdivision for 1801-1815 Church Street and 1708-1710 Darrow Avenue for the Mt. Pisgah Subdivision. Date: July 10, 2023 Recommended Action: Staff recommends approval of Resolution 22-R-23, Approving a Plat of Subdivision for 1801- 1815 Church Street and 1708-1710 Darrow Avenue for the Mt. Pisgah subdivision. Council Action: For Action Summary: The property is located in the B2 Business District and in the oWE West Evanston Overlay District. Currently, the site is occupied by a 2-story building at 1813-1815 Church Street, which houses Mt. Pisgah ministry, open parking at the northeast area of the site, and the remaining area is vacant. The applicants, Richard Koening, Executive Director, Housing Opportunity Development Corporation, and Pastor Clifford Wilson, Mt. Pisgah Ministry, Inc., are seeking to subdivide the site into two lots. The proposed subdivision is related to the approved HODC project, which is to construct a 4-story mixed-use building with ground floor retail, 33 all affordable dwelling units, and on-site parking, and the approved new Mt. Pisgah 3-story church building. The proposed lots will exceed the minimum lot width and size dimension requirements for the district: P3.Page 320 of 408 As required by Section 4-11-1 of the City Code, the Public Works Agency Director and the City Engineer prepared a report for the new subdivision located at 1801 -1815 Church Street, which is attached. A topographic map of the site is also attached. Legislative History: On June 26, 2023, the City Council tabled this item to July 10, 2023. Attachments: Public Works Report_Subdivision at Church Street 1801-1815 2022-09-08 2185TAM-220100 topo survey Resolution 22-R-23 - Approving 1801-1815 and 1708-1710 Darrow Plat of Subdivion Page 2 of 12 P3.Page 321 of 408 To: Sarah Flax, Community Development Director From: Edgar Cano, Public Works Director Lara Biggs, P.E., Bureau Chief – Capital Planning / City Engineer Subject: Subdivision of 1801-1815 Church Street Public Works Director Report Date: April 3, 2023 Upon review of the proposed subdivision, and as required by Section 4 -11-1 of the City Code, the Public Works Agency Director and the City Engineer submit the following report for the new subdivision located at 1801-1815 Church Street. Right-of-Way to be Dedicated to the City of Evanston None. Infrastructure Easements to be Granted to the City of Evanston None. Public Improvements to be Constructed on Behalf of the City of Evanston Sewer: The western lot has an existing sewer service connected to the 18” combined sewer main on Church Street. The eastern lot will need a new sewer service connected directly to the same 18” combined sewer main on Church Street. The new sewer service cannot encroach on the property of the western lot. Stormwater: Any required stormwater management for either site shall be released to the 8” relief sewer main in the alley to the north of either property. Water: The western lot has an existing water service connected to the 6” water main located on Church Street. The eastern lot must be served by its own water service connected directly to the 6” water main on Church Street. The new water service cannot encroach on the property of the western lot. Memorandum Page 3 of 12 P3.Page 322 of 408 Sidewalk Replacement: Any public sidewalk that has deteriorated and is no longer compliant with the City Code shall be replaced as part of the development of either lot. The sidewalk along Darrow shall be replaced in entirety during the development of the easternmost lot. Bond Requirements to Guarantee Future Infrastructure Improvements None. Other Requirements None. Page 4 of 12 P3.Page 323 of 408 NPage 5 of 12P3.Page 324 of 408 4/10/2023 22-R-23 A RESOLUTION Approving a Plat of Subdivision for 1801-1815 Church Street and 1708- 1710 Darrow Avenue WHEREAS, pursuant to Subsection 4-11-1(B) of the Evanston City Code of 2012, as amended (the “City Code”), the City Council may approve of a plat by means of a resolution; and WHEREAS, the Subject Properties are located in the B2 Business District and oWE West Evanston Overlay District; and WHEREAS, Pastor Clifford Wilson of Mt. Pisgah Ministry, Inc, property owner (the “Applicant”), filed zoning case no. 22ZMJV-0089 which included a Special Use Permit application and several Major Variations and Richard Koenig, Ex ecutive Director of Housing Opportunity Development Corporation (the “Applicant”), filed zoning case no. 22ZMJV-0092 which included several Major Variations from the City Code (the “Requests”); and WHEREAS, on February 22, 2023, pursuant to Section 6-3-8-10 of the City Code and Ordinance 92-O-21, the Evanston Land Use Commission (“LUC”) conducted a duly noticed public hearing and made recommendations to City Council, the determining body for these Requests. On April 10, 2023, the City Council found the Requests met the applicable standards, and as the determining body for combined Special Use Permits and Major Variations, granted approval of the Requests; and Page 6 of 12 P3.Page 325 of 408 22-R-23 ~2~ WHEREAS, a condition was placed on both Requests that the land be re - subdivided according to the plans submitted; and WHEREAS, pursuant to the approval of the Requests by the City Council with the aforementioned conditions, the City intends to subdivide the property located at 1801-1815 Church Street and 1708-1710 Darrow Avenue, Evanston, Illinois (the “Subject Properties”), legally described in Exhibit A, which is attached hereto and incorporated herein by reference; and WHEREAS, the City Council hereby finds that the proposed plat complies with all applicable provisions of Title 4, Chapter 11 of the City Code, subject to certain conditions, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: Pursuant to Title 4, Chapter 11 of the City Code, the City Council hereby approves the proposed Plat of Subdivision, attached hereto as Exhibit B and incorporated herein by reference, The execution of subdivision shall be recorde d within twelve (12) months of City council approval; and SECTION 3: The City Manager and/or their designee(s) is/are hereby authorized and directed to sign, and the City Clerk hereby authorized and directed to attest, any documents necessary to implement the terms of this resolution. Page 7 of 12 P3.Page 326 of 408 22-R-23 ~3~ SECTION 4: This resolution shall be in full force and effect from and after the date of its passage and approval in the manner required by law. _______________________________ Daniel Biss, Mayor Attest: ______________________________ Stephanie Mendoza, City Clerk Adopted: __________________, 2023 Approved as to form: ______________________________ Nicholas E. Cummings, Corporation Counsel Page 8 of 12 P3.Page 327 of 408 22-R-23 ~4~ EXHIBIT A Legal Description LOTS 9, 10, 11 AND THE EAST HALF OF LOT 12 IN BLOCK 3, IN MERRILL LADD’S SECOND ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY. PINS: 10-13-220-031-0000 10-13-220-032-0000 10-13-220-040-0000 10-13-220-041-0000 10-13-220-035-0000 COMMONLY KNOWN AS: 1801-1815 CHURCH STREET AND 1708-1710 DARROW AVENUE, EVANSTON, ILLINOIS Page 9 of 12 P3.Page 328 of 408 22-R-23 ~5~ EXHIBIT B PLAT OF SUBDIVISION Page 10 of 12 P3.Page 329 of 408 Page 11 of 12P3.Page 330 of 408 NPage 12 of 12P3.Page 331 of 408 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of the Planning and Development Committee From: Sarah Flax, Interim Director of Community Development CC: Alexandra Ruggie, Deputy City Attorney, Elizabeth Williams, Planning Manager Subject: Ordinance 51-O-23 Authorizing the Sale Of City-Owned Real Property at 1805 Church Street, 1708 Darrow Avenue, and 1710 Darrow Avenue, Evanston, Illinois Date: July 10, 2023 Recommended Action: Staff recommends approval of Ordinance 51-O-23, authorizing the City Manager to execute a sale contract for City-owned real property located at 1805 Church Street, 1708 Darrow Avenue, and 1710 Darrow Avenue, to Housing Opportunity Development Corporation (“HODC”) for a mixed-use development with 33 units of affordable housing. A two-thirds majority vote of the Councilmembers is required for adoption of this ordinance. CARP: Vulnerable Populations Council Action: For Action Summary: Ordinance 51-O-23 authorizes the sale of City-owned real property located at 1805 Church Street, 1708 Darrow Avenue, and 1710 Darrow Avenue to Housing Opportunity Development Corporation. Ordinance 4-O-21 authorizing the City Manager to Negotiate the Sale of City- Owned Real Property, 1805 Church Street, 1708 Darrow Avenue, and 1710 Darrow Avenue, Evanston, Illinois, was approved by City Council on February 8, 2021. Ordinance 51 -O-23 is necessary to complete the procedural requirements outlined for the sale of City real property per Section 1-17-4-2 of the City Code. A Notice of Intent to Sell Certain Real Estate was published in the Evanston Review, a newspaper in general circulation in the City of Evanston, on May 25, 2023, as required by Section 1-17-4-2(B) of the Evanston City Code. P4.Page 332 of 408 In late 2020 and early 2021, the Economic Development Committee recommended approval of, and the City Council adopted Ordinance 4-O-21 authorizing the City Manager to negotiate a purchase and sales agreement with a joint entity including Mt. Pisgah Ministry, Inc. and Housing Opportunity Development Corporation (HODC) for the redevelopment of the vacant parcels to include a mixed-use building with affordable housing. However, creating a joint entity is unnecessary since HODC’s and Mt. Pisgah’s approved projects are completely separate. But a process to swap land to put the church, which qualifies as an iconic building, at the corner of Church and Darrow in compliance with the West Evanston Master Plan and zoning overlay, and HODC’s mixed-use development to the west on the interior parcel, will be implemented as outlined below prior to the sale of the property to HODC. This process removes a concern raised in public comment that Mt. Pisgah is receiving public funding or property. The appraised value of the City-owned property is $590,000; the appraisal is attached. The drawing below shows the current ownership. Mt. Pisgah’s land is the blue area, and the City-owned land is the red area. Page 2 of 59 P4.Page 333 of 408 Land Swap: The City and Mt. Pisgah exchange property by selling each other identical size parcels of land for $1.00, with the City conveying the east 75 feet of its property shown in purple in the diagram below to Mt. Pisgah. At the same time, Mt. Pisgah will convey its entire property, shown in orange, to the City. Resulting Property Ownership: The result of the land swap is the City owns Lot 1, the western parcel shown in red in the diagram below, and Mt. Pisgah owns Lot 2, the eastern parcel shown in blue. This ownership coincides with the proposed plat of subdivision, which the City Council will consider on June 26, and the approved development plans for HODC (Ordinance 35-O-23) and Mt. Pisgah (Ordinance 34-O-23). Page 3 of 59 P4.Page 334 of 408 The City will then sell Lot 1 to HODC for $1.00 and assign the donation tax credit certificate t o HODC, which will be sold to generate funding for the development. Draft Purchase and Sale Agreements for the three transactions are attached. Legislative History: On June 26, 2023, the City Council tabled this item to July 10, 2023. Ordinance 51-O-23 was introduced at the June 12, 2023, City Council meeting. City Council approved Ordinance 34-O-23, Granting a Special Use Permit for a Religious Institution in the oWE West Evanston Overlay District exceeding 10,000 Square Feet but Less than 40,000 Square Feet and Approving Major Variations on the Property Locate d at 1801- 1805 Church Street and 1708-1710 Darrow Avenue in the B2 Business and oWE West Evanston Overlay Districts at its meeting on April 10, 2023 City Council approved Ordinance 35-O-23, Approving Major Variations on the Property Located at 1811-1815 Church Street and 1708-1710 Darrow Avenue in the B2 Business and oWE West Evanston Overlay Districts at its meeting on April 10, 2023. City Council approved Ordinance 4-O-21, Authorizing the City Manager to Negotiate the Sale Of City-Owned Real Property at 1805 Church Street, 1708 Darrow Avenue, and 1710 Darrow Avenue at its meeting on February 8, 2021. Page 4 of 59 P4.Page 335 of 408 Attachments: Ordinance 51-O-23 Authorizing the Sale to Housing Opportunity Development Corporation of Property at 1805 Church 1708-1710 Darrow Ave Church&DarrowLandAppraisal 1. PURCHASE AND SALE AGREEMENT Mt Pisgah to CoE 1811-15 Church 2. PURCHASE AND SALE AGREEMENT CoE to Mt Pisgah 1805 Church 1708-10 Darrow 3. PURCHASE AND SALE AGREEMENT CoE to HODC 1811 -15 Church Page 5 of 59 P4.Page 336 of 408 5/22/23 51-O-23 AN ORDINANCE Authorizing the Sale Of City-Owned Real Proper ty at 1805 Church Street,1708 Dar row Avenue,and 1710 Dar row Avenue, Evanston,Illinois WHEREAS,the City of Evanston owns real property located at 1805 Church Street,1708 Darrow Avenue,and 1710 Darrow Avenue,Evanston,Illinois,and legally described in Exhibit A,attached hereto and incorporated herein by reference (the “Subject Property”);and WHEREAS,pursuant to Ordinance 4-O-21,the City Council,by a vote of at least two-thirds (⅔)of the elected Aldermen then holding office,did direct the City Manager to negotiate the sale of the Subject Property on behalf of the City;and WHEREAS,pursuant to Ordinance 4-O-21,the City Manager has negotiated the sale of the Subject Property; and WHEREAS,the City Manager recommends that the City Council hereby approve the sale of the Subject Property,with the City of Evanston as Seller and Housing Opportunity Development Corporation (HODC),as Buyer;and WHEREAS,as required by Section 1-17-4-2(B)of the Evanston City Code,as amended (the “City Code”),a Notice of Intent to Sell Certain Real Estate,was published in the Evanston Review,a newspaper in general circulation in the City of Evanston,on May 25,2023,neither less than fifteen (15)nor more than thirty (30)days Page 6 of 59 P4.Page 337 of 408 51-O-23 before the date on which the City Council considered adoption of this ordinance authorizing the sale of the Subject Property;and WHEREAS,the Evanston City Council finds that it is in the best interests of the City to sell the Subject Property. NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON,COOK COUNTY,ILLINOIS,THAT: SECTION 1:The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2:The City Council of the City of Evanston hereby approves the negotiated sale of the Subject Property with the City as Seller and Housing Opportunity Development Corporation as Buyer. SECTION 3:The City Manager is hereby authorized and directed to sign, and the City Clerk is hereby authorized and directed to attest,the Agreement,pursuant to the terms of which the Subject Property shall be conveyed.The City Manager is further authorized to negotiate any changes or additional terms and conditions with respect to the sale of the aforesaid Subject Property as the City Manager may deem fit and proper. SECTION 4:The City Manager and the City Clerk,respectively,are hereby authorized and directed to execute,attest,and deliver such other documents, agreements,and certificates as may be necessary to effectuate the sale herein authorized. ~2~ Page 7 of 59 P4.Page 338 of 408 51-O-23 SECTION 5:All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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: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 hereof that can be given effect without the invalid provision or application,and each invalid application hereof 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. Ayes:______________ Nays:______________ Introduced:_________________,2023 Adopted:___________________,2023 Approved: __________________________,2023 _______________________________ Daniel Biss,Mayor Attest: _____________________________ Stephanie Mendoza,City Clerk Approved as to form: _______________________________ Nicholas E.Cummings,Corporation Counsel ~3~ Page 8 of 59 P4.Page 339 of 408 51-O-23 EXHIBIT A LEGAL DESCRIPTION ~4~ Page 9 of 59 P4.Page 340 of 408 Form LND - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 1805 Church 41225 N/A 8092.00 16984-Evanston 1805 Church St Evanston Cook IL 60201 See addendum. N/A N/A N/A N/A N/A N/A Client: Richard Koenig (HODC)N/A Vacant land Mark T. Saleh, MAI, IL Certified General AppraiserAppraise at fair market value. 35 15 20 5 5 2 1 17 Parks, schools, etc. 150,000 2,400,000 630,000 0 90+90+ See attached addendum. 105.40 x 160.00 16,864 B2 Business District See comments in the addendum. Concrete Flat Typical for area Rectangular Mixed-use, Residential Appears adequate. None noted. Typical utility easements. I have performed the four tests for the highest and best use. It was determined that the highest and best use for the subject is to hold the site vacant for future development. 1805 Church St Evanston N/A per sq.ft: Exterior inspection N/A Average 16,864 sf Site Improved:Vacant Zoning:B2 Business District SALE PRICE N/A ADJ. PRICE/SQ.FT.N/A N/A 1410 Greenleaf St Evanston, IL 60202 0.83 miles SE 48.27 MLS #11046667, Tax records 05/06/2021 Average/Similar 7,500 sf (-10%) Vacant B1 (+5%) $362,000 $46 Cash to seller None noted 1613 Church St Evanston, IL 60201 0.10 miles E 32.68 Tax records, Office files 08/31/2016 (+5%) Average/Similar 9,487 sf (-5%) Vacant WE1-R4 (-5%) $310,000 $31 Cash to seller None noted 1611 Church St Evanston, IL 60201 0.13 miles E 34.98 CoStar, Tax records, Broker 12/09/2021 Average/Similar 42,162 sf (+10%) Improved (-5%) WE1-R4 (-5%) $1,475,000 $35 Cash to seller Nonte noted Comp. #1 has a similar location. The inverse relationship between size and PPSF is offset by inferior lower density zoning that allows fewer uses by right. Comp. #2 has a very similar location. Inferior market conditions at the time of sale offset by inverse relationship between size and PPSF. Superior zoning in WE1-R4 subdistrict which allows all residential multi-unit construction. Comp. #3 has a larger site and there is an inverse relationship between size and PPSF. A positive adjustment was made. Superior zoning. The site was improved at the time of sale by an industrial building. The buyer will gut renovate and convert the building to a mixed-use live/work type building. Thus, the improvements added some value to the site. However, the broker reports that interest was also seen from developers looking to raze the improvements and build new. These offers were reported to be slightly lower than the contract price. Emphasis is placed on the price per square foot in valuing the subject. The comparables indicate a range of $31 to $46 in the adjusted price per square foot. With emphasis on the subject's location, size and demand for land at this time, we have selected a value of $35 p/s/f for the subject. $35 x 16,864 sf = $590,240. Rouned, say, $590,000. 01/26 22 590,000 Mark T. Saleh, MAI, IL Certified General Appraiser Maloney Appraisal Co. Inc. 20 LAND APPRAISAL REPORT File No.IDENTIFICATIONBorrower Census Tract Map Reference Property Address City County State Zip Code Legal Description Sale Price $Date of Sale Loan Term yrs.Property Rights Appraised Fee Leasehold De Minimis PUD Actual Real Estate Taxes $(yr)Loan charges to be paid by seller $Other sales concessions Lender/Client Address Occupant Appraiser Instructions to Appraiser NEIGHBORHOODLocation Urban Suburban Rural Built Up Over 75%25% to 75%Under 25% Growth Rate Fully Dev.Rapid Steady Slow Property Values Increasing Stable Declining Demand/Supply Shortage In Balance Oversupply Marketing Time Under 3 Mos.4-6 Mos.Over 6 Mos. Present Land Use % 1 Family % 2-4 Family % Apts.% Condo % Commercial % Industrial % Vacant % Change in Present Land Use Not Likely Likely (*)Taking Place (*) (*) From To Predominant Occupancy Owner Tenant % Vacant Single Family Price Range $to $Predominant Value $ Single Family Age yrs. to yrs.Predominant Age yrs. Good Avg.Fair Poor Employment Stability Convenience to Employment Convenience to Shopping Convenience to Schools Adequacy of Public Transportation Recreational Facilities Adequacy of Utilities Property Compatibility Protection from Detrimental Conditions Police and Fire Protection General Appearance of Properties Appeal to Market Comments including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, schools, view, noise):SITEDimensions =Sq. Ft. or Acres Corner Lot Zoning classification Present Improvements do do not conform to zoning regulations Highest and best use Present use Other (specify) Public Elec. Gas Water San. Sewer Underground Elect. & Tel. Other (Describe)OFF SITE IMPROVEMENTS Street Access Public Private Surface Maintenance Public Private Storm Sewer Curb/Gutter Sidewalk Street Lights Topo Size Shape View Drainage Is the property located in a HUD Identified Special Flood Hazard Area?No Yes Comments (favorable or unfavorable including any apparent adverse easements, encroachments, or other adverse conditions):MARKET DATA ANALYSISThe undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysis.The description includes a dollar adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties.If a significant item in the comparable property is superior to or more favorable than the subject property,a minus (-)adjustment is made thus reducing the indicated value of subject;if a significant item in the comparable is inferior to or less favorable than the subject property, a plus (+) adjustment is made thus increasing the indicated value of the subject. ITEM SUBJECT PROPERTY COMPARABLE NO. 1 COMPARABLE NO. 2 COMPARABLE NO. 3 Address Proximity to Subject Sales Price $$$$ Price $$$$ Data Source Date of Sale and DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTION+(–)$ Adjust.+(–)$ Adjust.+(–)$ Adjust. Time Adjustment Location Site/View Sales or Financing Concessions Net Adj. (Total)+++$ $ Indicated Value of Subject –––$ $ $ $RECONCILIATIONComments on Market Data: Comments and Conditions of Appraisal: Final Reconciliation: I ESTIMATE THE MARKET VALUE, AS DEFINED, OF SUBJECT PROPERTY AS OF to be $ Appraiser(s)Review Appraiser (if applicable) Did Did Not Physically Inspect Property [Y2K] Page 10 of 59 P4.Page 341 of 408 Form LND.(AC) - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 1805 Church 41225 1805 Church St Evanston N/A per sq.ft: Exterior inspection N/A Average 16,864 sf Site Improved:Vacant Zoning:B2 Business District SALE PRICE N/A ADJ. PRICE/SQ.FT.N/A N/A 999 Howard St Evanston, IL 60202 2.09 miles SE 39.26 Tax records, MLS #09687732 07/30/2020 Average/Similar 14,646 sf Vacant C1 (+10%) $575,000 $43 Cash to seller None noted 1108 Dodge Ave Evanston, IL 60202 0.74 miles S 47.88 MLS #10995487, Tax records Active listing (-25%) Average/Similar 25,065 sf (+10%) Demo (+2%) C1 (+10%) $900,000 (proj.) $46 Assumed cash Comp. #4 has a similar overall location. Similar size. Inferior zoning. Comp. #5 has been on the market for 344 days at the same list price. The comparable is ripe for a reduction. Thus, a large 25% listing discount was applied. Inferior zoning. This is also a larger site and there is an inverse relationship between size and PPSF. 4 5 6 LAND APPRAISAL REPORT MARKET DATA ANALYSIS MARKET DATA ANALYSISFile No. ITEM SUBJECT PROPERTY COMPARABLE NO. COMPARABLE NO. COMPARABLE NO. Address Proximity to Subject Sales Price $$$$ Price $$$$ Data Source Date of sale and DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTION+( )$ Adjust.+( )$ Adjust.+( )$ Adjust.––– Time Adjustment Location Site/View Sales or Financing Concessions Net Adj. (Total)+++––– Indicated Value of Subject $$$ $$$COMMENTSComments: Page 11 of 59 P4.Page 342 of 408 I. Description of the Site The subject property is part of a larger parcel located on the northwest corner of Church Street and Darrow Avenue in the City of Evanston. The site to be appraised does not carry its own PIN(s) as delineated in this report. Rather, it is covers parts of multiple parcels/PINs. The current site that the subject is part of is owned by two entities: The western parcel is owned by Mt. Pisgah Ministry, Inc. and the eastern parcel is owned by the City of Evanston. The site being appraised will be donated to the client, Housing Opportunity Development Corporation, a not-for-profit entity, by the current owners and the City of Evanston. This appraisal will be used in connection with the donation. The client has stated that the property to be appraised is an interior 105.64' x 160.00' rectangular shaped site located approximately 75.00 feet west of Darrow Avenue. We have not been provided with a plat of subdivision for the site as described in this report. We assume that the lot size used and location of the site is accurate. We reserve the right to review this report and alter our opinion of value if this is not the case. II. Zoning See attached zoning description. III. Highest and Best Use Analysis The subject is being appraised as-is. Many commercially-zoned sites in secondary locations remain vacant and/or underutilized. Very little, if any, new construction was noted in the subject’s immediate area. If the subject had a premier Evanston location near the heart of downtown, construction may be feasible. However, rising construction costs and scarcity of labor has sidelined many developments planned for secondary locations like the subject. The conclusion of this report is that the highest and best use for the subject is to hold the site vacant for future development. We note that the donatee plans to build a multi-unit, mixed-use, affordable housing structure with 3,000 sf of ground-floor commercial space and 44 affordable rental units above. We have not been provided with plans, specifications or a construction budget. Furthermore, the land will be donated. It is beyond the scope of this appraisal to determine the feasibility of this development. The subject is being appraised as is. If development was feasible, a typical purchaser would build a mixed-use building with ground floor commercial and market-rate residential units above. Our feasibility analysis takes into account the cost that a typical purchaser would pay for the site and market rate construction costs. Development of the site does not appear to be feasible at this time. Recent comparable data was limited. Thus, we expanded our search back five years. Strong weight was placed on Comparables #2 and #3 located on Church Street. The comparables selected are the best indicators of value. Due to the lack of truly comparable sales data we have also relied on conversations with area brokers. A conservative approach to value is appropriate given current market conditions, rising construction costs and the demand for commercially zoned land. Supplemental Addendum 41225 N/A 1805 Church St Evanston Cook IL 60201 Client: Richard Koenig (HODC) Mark T. Saleh, MAI, IL Certified General Appraiser 553.002479 IL 02/01/2022 Form TADD2 - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Borrower Lender/Client Property Address City County State Zip Code File No. Signature Name State Certification #State Or State License #State Date Signed Signature Name State Certification #State Or State License #State Date Signed Page 12 of 59 P4.Page 343 of 408 IV. Community Analysis The subject property is located within the City of Evanston in Cook County, in the northeastern section of Illinois. Evanston is situated approximately 12 miles north of Chicago’s central business district. Evanston is surrounded by the Village of Wilmette to the north, the City of Chicago to the south, Lake Michigan to the east and the Village of Skokie to the west. Evanston was founded in 1863 and encompasses approximately 7.8 square miles. The population for Evanston was 78,110 per the most recent American Community Survey from the Census Bureau. This is up 4.9% from 2010 or 0.49% per year. The Community saw a 0.3% increase from 2000 to 2010 or 0.03% per year. Thus, the past decade has seen an accelerated population growth. This is a positive factor. The median household income for Evanston was reported at $78,904 as of 2019 per the Census Bureau. The 2019 number is 22% higher than the median household income of Cook County as a whole reported in 2019. Per the 2019 statistics, 14.9% of homes in Evanston have a median income level between $100,000 and $149,999 and 26.6% are over $150,000. 36.0% of the total housing stock is detached single family homes, 13.3% is 2–4-unit buildings, and 50.6% is buildings with 5 or more units. 55.7% of the housing stock is owner occupied. A growing population and above-average median income levels are positive factors for the City of Evanston. Evanston has a mix of residential, commercial, industrial and institutional uses. The predominant land use within this city is residential which includes single and multi-family dwellings. The majority of the housing stock is over 30-years old. Commercial development is located primarily in a six square block central business district as well as along major thoroughfares that include Chicago Avenue, Oakton, Howard, Dempster, Main, Church and Central Streets, and Sherman and Dodge Avenues. Industrial and manufacturing development is located primarily in the southwestern section of the city along the Chicago Northwestern railroad right-of-way. Institutional uses include Northwestern University. Supplemental Addendum 41225 N/A 1805 Church St Evanston Cook IL 60201 Client: Richard Koenig (HODC) Mark T. Saleh, MAI, IL Certified General Appraiser 553.002479 IL 02/01/2022 Form TADD2 - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Borrower Lender/Client Property Address City County State Zip Code File No. Signature Name State Certification #State Or State License #State Date Signed Signature Name State Certification #State Or State License #State Date Signed Page 13 of 59 P4.Page 344 of 408 The City of Evanston is bound by Wilmette to the north, the City of Chicago to the south, Lake Michigan to the east, and Skokie to the west. Only scattered parcels of vacant land remain, and there is little room for expansion. Population growth has largely been achieved through construction of higher density housing near the City center. The housing stock in Evanston features architectural styles that include Victorian cottages, Colonial mansions, and some Frank Lloyd Wright designs. Ranches, bungalows and split-levels are dominant in newer areas. Numerous conversions have taken place in the past ten years, predominantly east of Chicago Avenue near the lakefront. The apartment rental market is strong due, in part, to the needs of university students. Evanston's central business district has maintained its presence as a viable commercial/retail area despite the proliferation of retail development along outlying commercial thoroughfares. The central business district has been preserved and contains many national chains as well as upscale boutiques and cafes. The downtown area has several financial institutions, office complexes and commercial retail properties. Shops and boutiques offer a wide variety of merchandise. Evanston also has many local strip shopping malls. There are greater than 100 eating establishments, several of which are regionally known. Following the academic atmosphere of Northwestern University, the City's elementary and high schools are recognized for their innovative programs and teaching excellence. Evanston is also home to other schools of higher learning including nursing, theology and culinary training. The City of Evanston provides all typical private and public services including police and fire protection, and the Evanston Park District maintains extensive parks, beaches and recreational facilities. Cook County Forest Preserve Districts are also within Evanston. Access to Evanston is considered to be average. Lake Shore Drive begins south of the city limits providing access to downtown Chicago. The Edens Expressway (I-94) is located several miles west of Evanston providing access to the expressway/tollway system. CTA bus lines provide local public transportation. Four local CTA bus lines, seven CTA train stations and two Metra commuter train stops serve Evanston. Travel time to downtown Chicago via commuter rail is 35 minutes on a local train and 21 minutes on an express train. The trip takes 45 minutes on the CTA's Purple Line Express. We have conducted a survey of the MLS for the Evanston community. Within the past year, 512 detached units sold ranging from $151,500 to $2,400,000 with a median sale price of $629,500 and an average marketing time of 41 days. Median sale prices are now seeing a positive trend after 12 to 24 months of flattening to modestly declining values as buyers prefer the space and low-density of the suburbs due to the Covid 19 pandemic. The median sale price over the past year is up 9% over the prior 12-month period. Real estate values in Evanston for attached units have also seen a recent positive trend. Within the last year, 719 attached dwellings sold in Evanston ranging in price from $51,250 to $1,630,000. The average marketing time during this period was 69 days. The median sale price was $266,000. This is up 3% over the prior 12-month period ($259,000). Evanston is a mature community that has an advantageous location convenient to the city of Chicago. The city has a higher median household income than the State of Illinois as a whole. Development in this community is limited by the lack of vacant land. These factors should offer stability to the area. The future of Evanston is generally considered good. The city has an attractive combination of elements necessary to nurture and sustain a healthy business environment including a convenient location, transportation facilities, efficient public utility service and a large varied stable work force. Supplemental Addendum 41225 N/A 1805 Church St Evanston Cook IL 60201 Client: Richard Koenig (HODC) Mark T. Saleh, MAI, IL Certified General Appraiser 553.002479 IL 02/01/2022 Form TADD2 - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Borrower Lender/Client Property Address City County State Zip Code File No. Signature Name State Certification #State Or State License #State Date Signed Signature Name State Certification #State Or State License #State Date Signed Page 14 of 59 P4.Page 345 of 408 Zoning - Page 1 Form SCNLGL - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Page 15 of 59 P4.Page 346 of 408 Zoning - Page 2 Form SCNLGL - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Page 16 of 59 P4.Page 347 of 408 Zoning - Page 3 Form SCNLGL - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Page 17 of 59 P4.Page 348 of 408 Form ACR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Maloney Appraisal Co. Inc. DEFINITION OF MARKET VALUE:The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale,the buyer and seller,each acting prudently,knowledgeably and assuming the price is not affected by undue stimulus.Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:(1)buyer and seller are typically motivated;(2)both parties are well informed or well advised,and each acting in what he considers his own best interest;(3)a reasonable time is allowed for exposure in the open market;(4)payment is made in terms of cash in U.S.dollars or in terms of financial arrangements comparable thereto;and (5)the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions*granted by anyone associated with the sale. *Adjustments to the comparables must be made for special or creative financing or sales concessions.No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area;these costs are readily identifiable since the seller pays these costs in virtually all sales transactions.Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction.Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS:The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1.The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it.The appraiser assumes that the title is good and marketable and,therefore,will not render any opinions about the title.The property is appraised on the basis of it being under responsible ownership. 2.The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3.The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources)and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area.Because the appraiser is not a surveyor,he or she makes no guarantees, express or implied, regarding this determination. 4.The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question,unless specific arrangements to do so have been made beforehand. 5.The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value.These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 6.The appraiser has noted in the appraisal report any adverse conditions (such as,needed repairs,depreciation,the presence of hazardous wastes,toxic substances,etc.)observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal.Unless otherwise stated in the appraisal report,the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes,toxic substances,etc.)that would make the property more or less valuable,and has assumed that there are no such conditions and makes no guarantees or warranties,express or implied,regarding the condition of the property.The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist.Because the appraiser is not an expert in the field of environmental hazards,the appraisal report must not be considered as an environmental assessment of the property. 7.The appraiser obtained the information,estimates,and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct.The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties. 8.The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9.The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion,repairs,or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10.The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value,the appraiser's identity and professional designations,and references to any professional appraisal organizations or the firm with which the appraiser is associated)to anyone other than the borrower;the mortgagee or its successors and assigns;the mortgage insurer;consultants;professional appraisal organizations;any state or federally approved financial institution;or any department,agency,or instrumentality of the United States or any state or the District of Columbia;except that the lender/client may distribute the property description section of the report only to data collection or reporting service(s)without having to obtain the appraiser's prior written consent.The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising,public relations,news,sales,or other media. Freddie Mac Form 439 6-93 Fannie Mae Form 1004B 6-93Page 1 of 2 Page 18 of 59 P4.Page 349 of 408 Form ACR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 1805 Church St, Evanston, IL 60201 Mark T. Saleh, MAI, IL Certified General Appraiser 02/01/2022 553.002479 IL 09/30/2023 APPRAISER'S CERTIFICATION:The Appraiser certifies and agrees that: 1.I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation.If a significant item in a comparable property is superior to,or more favorable than,the subject property,I have made a negative adjustment to reduce the adjusted sales price of the comparable and,if a significant item in a comparable property is inferior to,or less favorable than the subject property,I have made a positive adjustment to increase the adjusted sales price of the comparable. 2.I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report.I have not knowingly withheld any significant information from the appraisal report and I believe,to the best of my knowledge,that all statements and information in the appraisal report are true and correct. 3.I stated in the appraisal report only my own personal,unbiased,and professional analysis,opinions,and conclusions,which are subject only to the contingent and limiting conditions specified in this form. 4.I have no present or prospective interest in the property that is the subject to this report,and I have no present or prospective personal interest or bias with respect to the participants in the transaction.I did not base,either partially or completely,my analysis and/or the estimate of market value in the appraisal report on the race,color,religion,sex,handicap,familial status,or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5.I have no present or contemplated future interest in the subject property,and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6.I was not required to report a predetermined value or direction in value that favors the cause of the client or any related party,the amount of the value estimate, the attainment of a specific result,or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal.I did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 7.I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal,with the exception of the departure provision of those Standards,which does not apply.I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report,unless I have otherwise stated in the reconciliation section. 8.I have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements,on the subject site,or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9.I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report.If I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report,I have named such individual(s)and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report.I certify that any individual so named is qualified to perform the tasks.I have not authorized anyone to make a change to any item in the report;therefore,if an unauthorized change is made to the appraisal report,I will take no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION:If a supervisory appraiser signed the appraisal report,he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report,have reviewed the appraisal report,agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: APPRAISER:SUPERVISORY APPRAISER (only if required): Signature:Signature: Name:Name: Date Signed:Date Signed: State Certification #:State Certification #: or State License #:or State License #: State:State: Expiration Date of Certification or License:Expiration Date of Certification or License: Did Did Not Inspect Property Freddie Mac Form 439 6-93 Fannie Mae Form 1004B 6-93Page 2 of 2 Page 19 of 59 P4.Page 350 of 408 Form MPA3 - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Maloney Appraisal Co. Inc. N/A 1805 Church St Evanston Cook IL 60201 Client: Richard Koenig (HODC) MRED MLS Tax records X 17031C0265J 8/19/2008 Cook County Borrower Lender/Client MULTI-PURPOSE SUPPLEMENTAL ADDENDUM FOR FEDERALLY RELATED TRANSACTIONS Property Address City County State Zip Code This Multi-Purpose Supplemental Addendum for Federally Related Transactions was designed to provide the appraiser with a convenient way to comply with the current appraisal standards and requirements of the Federal Deposit Insurance Corporation (FDIC), the Office of the Comptroller of Currency (OCC), The Office of Thrift Supervision (OTS), the Resolution Trust Corporation (RTC), and the Federal Reserve. This Multi-Purpose Supplemental Addendum is for use with any appraisal. Only those statements which have been checked by the appraiser apply to the property being appraised. PURPOSE & FUNCTION OF APPRAISAL The purpose of the appraisal is to estimate the market value of the subject property as defined herein. The function of the appraisal is to assist the above-named Lender in evaluating the subject property for lending purposes. This is a federally related transaction. EXTENT OF APPRAISAL PROCESS The appraisal is based on the information gathered by the appraiser from public records, other identified sources, inspection of the subject property and neighborhood, and selection of comparable sales within the subject market area. The original source of the comparables is shown in the Data Source section of the market grid along with the source of confirmation, if available. The original source is presented first. The sources and data are considered reliable. When conflicting information was provided, the source deemed most reliable has been used. Data believed to be unreliable was not included in the report nor used as a basis for the value conclusion. The Reproduction Cost is based on supplemented by the appraiser's knowledge of the local market. Physical depreciation is based on the estimated effective age of the subject property. Functional and/or external depreciation, if present, is specifically addressed in the appraisal report or other addenda. In estimating the site value, the appraiser has relied on personal knowledge of the local market. This knowledge is based on prior and/or current analysis of site sales and/or abstraction of site values from sales of improved properties. The subject property is located in an area of primarily owner-occupied single family residences and the Income Approach is not considered to be meaningful. For this reason, the Income Approach was not used. The Estimated Market Rent and Gross Rent Multiplier utilized in the Income Approach are based on the appraiser's knowledge of the subject market area. The rental knowledge is based on prior and/or current rental rate surveys of residential properties. The Gross Rent Multiplier is based on prior and/or current analysis of prices and market rates for residential properties. For income producing properties, actual rents, vacancies and expenses have been reported and analyzed. They have been used to project future rents, vacancies and expenses. SUBJECT PROPERTY OFFERING INFORMATION According to the subject property: has not been offered for sale in the past:30 days 1 year 3 years. is currently offered for sale for $. was offered for sale within the past:30 days 1 year 3 years for $. Offering information was considered in the final reconciliation of value. Offering information was not considered in the final reconciliation of value. Offering information was not available. The reasons for unavailability and the steps taken by the appraiser are explained later in this addendum. SALES HISTORY OF SUBJECT PROPERTY According to the subject property: Has not transferred in the past twelve months. Has transferred in the past twelve months. in the past thirty-six months. in the past thirty-six months. in the past 5 years. in the past 5 years. All prior sales which have occurred in the past are listed below and reconciled to the appraised value, either in the body of the report or in the addenda. Date Sales Price Document #Seller Buyer FEMA FLOOD HAZARD DATA Subject property is not located in a FEMA Special Flood Hazard Area. Subject property is located in a FEMA Special Flood Hazard Area. The community does not participate in the National Flood Insurance Program. The community does participate in the National Flood Insurance Program. It is covered by a regular program. It is covered by an emergency program. Zone FEMA Map/Panel #Map Date Name of Community Page 1 of 2 Page 20 of 59 P4.Page 351 of 408 Form MPA3 - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 12 CAR/MRED MLS and similar properties. 01/26 02/01/2022 Mark T. Saleh, MAI, IL Certified General Appraiser 773-281-6013 IL 553.002479 36-3159735 CURRENT SALES CONTRACT The subject property is currently not under contract. The contract and/or escrow instructions were not available for review. The unavailability of the contract is explained later in the addenda section. The contract and/or escrow instructions were reviewed. The following summarizes the contract: The contract indicated that personal property was not included in the sale. The contract indicated that personal property was included. It consisted of Estimated contributory value is $. Personal property was not included in the final value estimate. Personal property was included in the final value estimate. The contract indicated no financing concessions or other incentives. The contract indicated the following concessions or incentives: . If concessions or incentives exist, the comparables were checked for similar concessions and appropriate adjustments were made, if applicable, so that the final value conclusion is in compliance with the Market Value defined herein. Contract Date Amendment Date Contract Price Seller MARKET OVERVIEW Include an explanation of current market conditions and trends. months is considered a reasonable marketing period for the subject property based on . ADDITIONAL CERTIFICATION The Appraiser certifies and agrees that: (1)The analyses, opinions and conclusions were developed, and this report was prepared, in conformity with the Uniform Standards of Professional Appraisal Practice ("USPAP"), except that the Departure Provision of the USPAP does not apply. (2)Their compensation is not contingent upon the reporting of predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. (3)This appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. ADDITIONAL (ENVIRONMENTAL) LIMITING CONDITIONS The value estimated is based on the assumption that the property is not negatively affected by the existence of hazardous substances or detrimental environmental conditions unless otherwise stated in this report. The appraiser is not an expert in the identification of hazardous substances or detrimental environmental conditions. The appraiser's routine inspection of and inquiries about the subject property did not develop any information that indicated any apparent significant hazardous substances or detrimental environmental conditions which would affect the property negatively unless otherwise stated in this report. It is possible that tests and inspections made by a qualified hazardous substance and environmental expert would reveal the existence of hazardous substances or detrimental environmental conditions on or around the property that would negatively affect its value. ADDITIONAL COMMENTS APPRAISER'S SIGNATURE & LICENSE/CERTIFICATION Appraiser's Signature Effective Date Date Prepared Appraiser's Name (print)Phone # State License Certification #Tax ID # CO-SIGNING APPRAISER'S CERTIFICATION The co-signing appraiser has personally inspected the subject property, both inside and out, and has made an exterior inspection of all comparable sales listed in the report. The report was prepared by the appraiser under direct supervision of the co-signing appraiser. The co-signing appraiser accepts responsibility for the contents of the report including the value conclusions and the limiting conditions, and confirms that the certifications apply fully to the co-signing appraiser. The co-signing appraiser has not personally inspected the interior of the subject property and: has not inspected the exterior of the subject property and all comparable sales listed in the report. has inspected the exterior of the subject property and all comparable sales listed in the report. The report was prepared by the appraiser under direct supervision of the co-signing appraiser. The co-signing appraiser accepts responsibility for the contents of the report, including the value conclusions and the limiting conditions, and confirms that the certifications apply fully to the co-signing appraiser with the exception of the certification regarding physical inspections. The above describes the level of inspection performed by the co-signing appraiser. The co-signing appraiser's level of inspection, involvement in the appraisal process and certification are covered elsewhere in the addenda section of this appraisal. CO-SIGNING APPRAISER'S SIGNATURE & LICENSE/CERTIFICATION Co-Signing Appraiser's Signature Effective Date Date Prepared Co-Signing Appraiser's Name (print)Phone # State License Certification #Tax ID # Page 2 of 2 Page 21 of 59 P4.Page 352 of 408 N/A 41225 1805 Church St Evanston Cook IL 60201 Client: Richard Koenig (HODC) APPRAISAL AND REPORT IDENTIFICATION 2-2(a) 2-2(b) Comments on Standards Rule 2-3 I certify that, to the best of my knowledge and belief: - The statements of fact contained in this report are true and correct. - The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. - Unless otherwise indicated, I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. - Unless otherwise indicated, I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. - I have no bias with respect to the property that is the subject of this report or the parties involved with this assignment. - My engagement in this assignment was not contingent upon developing or reporting predetermined results. - My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. - My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice that were in effect at the time this report was prepared. - Unless otherwise indicated, I have made a personal inspection of the property that is the subject of this report. - Unless otherwise indicated, no one provided significant real property appraisal assistance to the person(s) signing this certification (if there are exceptions, the name of each individual providing significant real property appraisal assistance is stated elsewhere in this report). 12 months. Comments on Appraisal and Report Identification Note any USPAP-related issues requiring disclosure and any state mandated requirements: The ADA became effective 01/26/1992. The appraiser has not made a compliance survey of the property to determine whether or not it conforms with the various detailed requirements of the ADA. It is possible that a compliance survey of the subject property together with a detailed analysis of the ADA requirements could reveal that the property is not in compliance with one or more of the requirements of the act. If so, this fact could have a negative effect upon the value of the property. Since the appraiser has no direct evidence relating to these issues, the appraiser did not consider possible non-compliance with the requirements of the ADA in estimating the value of the property. This report is in compliance with the Commercial Appraisal Reporting Guidelines and the prevailing guidelines issued under the Title XI of the Federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) as well as the prevailing standards outlined in the Uniform Standards of Professional Appraisal Practice. Mark T. Saleh, MAI, IL Certified General Appraiser 553.002479 IL 09/30/2023 02/01/2022 01/26 01/26 Form ID20E - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Borrower Lender/Client File No. Property Address City County State Zip Code This Report is one of the following types: Appraisal Report (A written report prepared under Standards Rule ,pursuant to the Scope of Work,as disclosed elsewhere in this report.) Restricted Appraisal Report (A written report prepared under Standards Rule ,pursuant to the Scope of Work,as disclosed elsewhere in this report, restricted to the stated intended use only by the specified client and any other named intended user(s).) Reasonable Exposure Time (USPAP defines Exposure Time as the estimated length of time that the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal.) My Opinion of Reasonable Exposure Time for the subject property at the market value stated in this report is: APPRAISER: Signature: Name: State Certification #: or State License #: State:Expiration Date of Certification or License: Date of Signature and Report: Effective Date of Appraisal: Inspection of Subject:None Interior and Exterior Exterior-Only Date of Inspection (if applicable): SUPERVISORY or CO-APPRAISER (if applicable): Signature: Name: State Certification #: or State License #: State:Expiration Date of Certification or License: Date of Signature: Inspection of Subject:None Interior and Exterior Exterior-Only Date of Inspection (if applicable): Page 22 of 59 P4.Page 353 of 408 Form MAP.LOC - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Location Map N/A 1805 Church St Evanston Cook IL 60201 Client: Richard Koenig (HODC) Borrower Lender/Client Property Address City County State Zip Code Page 23 of 59 P4.Page 354 of 408 Form PIC3x5.SR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Subject Photo Page N/A 1805 Church St Evanston Cook IL 60201 Client: Richard Koenig (HODC) Subject Front Sales Price Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location View Site Quality Age 1805 Church St N/A Average 16,864 sf Subject Street - East Subject Street - West Borrower Lender/Client Property Address City County State Zip Code Page 24 of 59 P4.Page 355 of 408 Form PIC3X5.CR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Comparable Photo Page N/A 1805 Church St Evanston Cook IL 60201 Client: Richard Koenig (HODC) Comparable 1 Prox. to Subject Sale Price Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location View Site Quality Age 1410 Greenleaf St 0.83 miles SE Average/Similar 7,500 sf (-10%) Comparable 2 Prox. to Subject Sale Price Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location View Site Quality Age 1613 Church St 0.10 miles E Average/Similar 9,487 sf (-5%) Comparable 3 Prox. to Subject Sale Price Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location View Site Quality Age 1611 Church St 0.13 miles E Average/Similar 42,162 sf (+10%) Borrower Lender/Client Property Address City County State Zip Code Page 25 of 59 P4.Page 356 of 408 Form PIC3X5.CR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Comparable Photo Page N/A 1805 Church St Evanston Cook IL 60201 Client: Richard Koenig (HODC) Comparable 4 Prox. to Subject Sale Price Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location View Site Quality Age 999 Howard St 2.09 miles SE Average/Similar 14,646 sf Comparable 5 Prox. to Subject Sale Price Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location View Site Quality Age 1108 Dodge Ave 0.74 miles S Average/Similar 25,065 sf (+10%) Comparable 6 Prox. to Subject Sale Price Gross Living Area Total Rooms Total Bedrooms Total Bathrooms Location View Site Quality Age Borrower Lender/Client Property Address City County State Zip Code Page 26 of 59 P4.Page 357 of 408 Licenses & Qualifications - Page 1 Form SCNLGL - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Page 27 of 59 P4.Page 358 of 408 Licenses & Qualifications - Page 2 Form SCNLGL - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Page 28 of 59 P4.Page 359 of 408 E & O Insurance Form SCNLGL - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Page 29 of 59 P4.Page 360 of 408 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (“Agreement”) is made as of the date the last party signs this Agreement (the “Effective Date”), and is by and between Mount Pisgah Ministry, Inc., an Illinois not-for-profit organization (“Seller”), and the City of Evanston, an Illinois home rule unit of government located in Cook County, Illinois (“Purchaser”). WITNESSETH: WHEREAS, Seller is the owner of that certain properties commonly known as 1811- 1815 Church Street, Evanston, Illinois more particularly described on Exhibit 1 attached hereto and made a part hereof (the “Property”); and WHEREAS, the Seller desires to convey the Property to Purchaser, NOW, THEREFORE, for and in consideration of the promises and of the mutual covenants and agreements hereinafter set forth, the parties agree to the terms of this Agreement, which reads in its entirety as follows: 1. Agreement to Purchase. Purchaser agrees to purchase and Seller agrees to sell and convey or cause to be conveyed to Purchaser, or its designee, by Special Warranty Deed (the “Deed”), good and merchantable title to the Property at the price and subject to the terms, conditions and provisions set forth in this Agreement. The Deed shall be substantially in the form attached hereto as Exhibit 2. 2. Purchase Price. Purchaser agrees to pay and Seller agrees to accept as the purchase price the sum of $1.00 (“Purchase Price”) payable at closing. 3. Survey. Seller will not be providing a survey and the Purchaser may obtain one at its own cost and expense. 4. Taxes. (a) Taxes for Years Prior to Closing. Seller will pay in full all general real property taxes that are levied with respect to the Property for tax years prior to the year of closing. (b) Tax Challenges. If any tax challenge is ongoing with respect to the Property for general real estate taxes levied for any tax years prior to the year of Closing (defined in Section 7(a) of this Agreement), Seller will receive the full benefit of any refund arising out of such tax challenge. If any tax challenge commenced by Seller results in a reduction in taxes for the general real estate taxes levied for the year of Closing, the parties shall re-prorate taxes for the year of Closing upon receipt of the actual tax bill or adjusted tax bill. This Section 9(b) expressly survives Closing. Page 30 of 59 P4.Page 361 of 408 (c) Taxes for Current Year of Closing. All general real property taxes that are levied with respect to the Property for the year of Closing will be prorated at the rate of 105% between Purchaser and Seller as of the business day immediately prior to the Closing. If the precise amount of taxes levied for the year of Closing cannot be determined, then the proration shall be computed based on the lesser of (i) the taxes on the Property levied for the immediately preceding tax year; or (ii) an amount equal to the taxable valuation, if available, of the Property in the year of Closing multiplied by the prior tax year’s total tax rate. 5. Title Policy. (a) At Purchaser’s expense, Purchaser shall obtain a title commitment (the “Commitment”) with respect to the Property. The Commitment shall establish that the Property is clear of all liens and encumbrances whatsoever, except for general real estate taxes not due and payable, covenants, conditions, restrictions and other matters of record. If the Commitment discloses unpermitted exceptions, Seller may elect, within 30 days after the date of delivery thereof, to have such exceptions removed from the Commitment or to have the title insurance company commit to insure against loss or damage that may be occasioned by such exceptions. If at the end of said 30-day period Seller fails to have the unpermitted exceptions removed or insured against, Purchaser may elect, upon notice to Seller within ten days after expiration of the 30-day period, to accept title as it then is. If Purchaser does not elect to accept title as it then is, Purchaser shall have the right to terminate this Agreement and will have no obligation to acquire the Property. (b) Purchaser shall, at Purchaser’s expense, obtain a title insurance policy by Chicago Title Insurance Company through its agent, Greater Illinois Title Company, or another title company acceptable to Purchaser (“Title Insurer”), dated as of the date Closing (defined in Section 7(a) of this Agreement) in a nominal amount with extended coverage over the general exceptions, free and clear of all liens and encumbrances whatsoever, except for general real estate taxes not due and payable, covenants, conditions, restrictions and other matters of record shown on the title commitment and those additional matters approved by Purchaser (the “Permitted Exceptions”). (c) The title commitment shall be conclusive evidence of good and merchantable title as to all matters insured by the policy, subject only to the exceptions contained in the title commitment. Seller shall also furnish Purchaser an affidavit of title in customary form covering the date of Closing and showing title in Seller subject only to the Permitted Exceptions. 6. Representations. (a) Seller’s Representations. As an inducement to Purchaser to enter into this Agreement Seller hereby represents to Purchaser and agrees as follows: Page 31 of 59 P4.Page 362 of 408 (i) Seller has the right, power and authority to sell the Property, subject to the terms and conditions provided for in this Agreement, and to execute, deliver and perform its obligations under this Agreement and all other instruments, conveyances and documents to be executed and delivered regarding the sale of the Property. This Agreement and all other documents executed and delivered, or to be executed and delivered by Seller regarding this Agreement have been, or at the appropriate time will be, duly executed and delivered and constitute or, upon such execution and delivery will constitute, the legal, valid and binding obligations of Seller, enforceable in accordance with the respective terms and provisions. No consent or approval of any person, firm, corporation or governmental authority is required to be obtained by Seller to enter into this Agreement. (ii) To the best of Seller’s knowledge, there exists no action, suit, litigation or proceeding affecting the Property to which Seller is a party, and to the knowledge of Seller, there is no such action, suit, litigation or proceeding threatened. (iii) Seller is not a “foreign person” as defined in Section 1445 of the Internal Revenue Code and is therefore exempt from the withholding requirements of said Section. Seller shall furnish Purchaser at Closing the exemption certification set forth in said Section. (b) Purchaser’s Representations. As an inducement to Seller to enter into this Agreement Purchaser hereby represents to Seller and agrees as follows: (i) Purchaser has the right, power and authority to purchase the Property, subject to the terms and conditions provided for in the Agreement, and to execute, deliver and perform its obligations under this Agreement and all other instruments, conveyances and documents to be executed and delivered regarding the purchase of the Property. This Agreement and all other documents executed and delivered, or to be executed and delivered by Purchaser regarding this Agreement have been, or at the appropriate time will be, duly executed and delivered and constitute or, upon such execution and delivery will constitute, the legal, valid and binding obligations of Purchaser, enforceable in accordance with the respective terms and provisions. No consent or approval of any person, firm, corporation or governmental authority is required to be obtained by Purchaser for Purchaser to enter into this Agreement. 7. Closing of Sale. (a) The Closing (“Closing”) shall take place on or before 90 days after the execution of this Agreement or such other date mutually agreeable to the parties. Page 32 of 59 P4.Page 363 of 408 (b) At Closing, each party shall, without further consideration, execute and deliver such additional instruments as may be reasonably requested by the other party to complete and effectuate the transfer of title and ownership of the Property, provided that such additional instruments (other than those specifically provided for in this Agreement, and customary Closing documents) shall not impose cost or liability on any party. This transaction shall be closed in accordance with the general provisions of the usual form of New York style escrow agreement then in use by the Title Insurer, the costs of which escrow shall be paid by Purchaser. Seller shall pay any State, County or other transfer tax imposed by local ordinance. 8. “As Is” Sale. Purchaser acknowledges that it will have adequate opportunity to inspect the Property and accepts the risk that any inspection may not disclose all material matters affecting the Property. SUBJECT ONLY TO THE TERMS OF SECTION 5(a) AND IF PURCHASER CLOSES THE TRANSACTION CONTEMPLATED HEREUNDER, PURCHASER AGREES TO ACCEPT THE PROPERTY IN ITS “AS IS” “WHERE IS” AND “WITH ALL FAULTS” CONDITION AT CLOSING AND THAT PURCHASER IS NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, FROM SELLER OR ITS AGENTS OR BROKERS, OR ANY OTHER PERSON ACTING OR PURPORTING TO ACT ON BEHALF OF SELLER, AS TO ANY MATTERS CONCERNING THE PROPERTY, INCLUDING WITHOUT LIMITATION: (i) the quality, nature, adequacy and physical condition and aspects of the Property, (ii) the quality, nature, adequacy, and physical condition of soils, geology and any groundwater, (iii) the existence, quality, nature, adequacy and physical condition of uti lities serving the Property, (iv) the development potential of the Property, and the Property’s use, habitability, merchantability, fitness, suitability, value or adequacy of the Property for any particular purpose, (v) the zoning or other legal status of the Property or any other public or private restrictions on use of the Property, (vi) the compliance of the Property or its operation with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions and restrictions of any governmental or quasi-governmental entity or of any other person or entity, (vii) the condition of title to the Property (except the deed warranties), or (viii) any other fact or condition which may affect the Property, including without limitation, the physical condition, value, economics of operation or income potential of the Property. 9. Brokerage. Purchaser and Seller each represent and warrant to the other that it has had no dealings with any broker or agent regarding this Agreement and the subject matter hereof, and each party agrees to pay, and hold harmless and indemnify the other from and against, all costs, expenses or liabilities for compensation, commissions and other amounts claimed by any other broker or agent allegedly retained, consulted or employed by such indemnifying party. 10. Indemnification. Purchaser shall indemnify, defend and hold Seller harmless from and against any and all losses, claims, actions, liabilities, damages, liens, costs and expenses, including reasonable attorneys’ fees, incurred by Seller (or its agents, consultants or affiliates) Page 33 of 59 P4.Page 364 of 408 arising out of or related to (i) any activities upon the Property by Purchaser, its agents, contractors and employees, or (ii) the failure by Purchaser to observe or perform any of its covenants, representations or obligations under this Contract. This Section 10 shall survive the Closing or termination of this Contract. 11. Miscellaneous. (a) This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and to their respective successors and assigns. (b) This Agreement may be executed in counterparts, each of which shall be an original, but all of which shall constitute one instrument. (c) This Agreement (i) contains the entire understanding between the parties regarding the sale and purchase of the Property; and (ii) may be altered or amended from time to time only by written instrument executed by both parties hereto. (d) This Agreement shall be interpreted in accordance with the laws of the State of Illinois without regard to conflict of law principles. Jurisdiction and venue for all disputes shall be the Circuit Court located in Cook County, Illinois, or the federal district court for the Northern District of Illinois. (e) The provisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this Agreement. [Signature Page Follows] Page 34 of 59 P4.Page 365 of 408 IN WITNESS WHEREOF, the parties have executed this Agreement this day and year first written above. SELLER: Mount Pisgah Ministry, Inc. An Illinois not-for-profit organization By:________________________________ Print Name: Its: PURCHASER: CITY OF EVANSTON, A Home Rule unit of government By: _________________________________ Print Name: Luke Stowe Its: City Manager Page 35 of 59 P4.Page 366 of 408 Exhibit 1 LEGAL DESCRIPTION Page 36 of 59 P4.Page 367 of 408 EXHIBIT 2 After recording return to: City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 SPECIAL WARRANTY DEED Mount Pisgah Ministry, Inc. (“Grantor”), having an address of 1815 Church Street, Evanston, Illinois, for and in consideration of ONE AND NO/100 DOLLARS ($1.00) and other good and valuable considerations in hand paid, the receipt and sufficiency of which are hereby acknowledged, by these presents does grant, convey, bargain, and warrant to City of Evanston, an Illinois municipal corporation (“Grantee”), having an address of 2100 Ridge Avenue, Evanston, IL 60201, all the following real property situated in the County of Cook, in the State of Illinois (“Property”), to wit: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. Grantor covenants as follows: 1. The real property is free from all encumbrances made by Grantor. 2. Grantor will warrant and defend the real property hereby conveyed against all lawful claims and demands of persons claiming by, through or under Grantor, but against no other person. Permanent Real Estate Index Number: Address of Real Estate: In Witness Whereof, said Grantor has executed this instrument as of ___________, 2023. Mount Pisgah Ministry, Inc. By:___________________________ Page 37 of 59 P4.Page 368 of 408 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) The undersigned, an Illinois notary public, does hereby certify that _______________________, personally known to me to be the ___________________ of Grantor, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me in the County stated above this day in person and severally acknowledged that as such __________________, he/she signed and delivered the said instrument, and as his/her free and voluntary act for the uses and purposes set forth therein. Given under my hand and notarial seal this _____ day of ______________, 2023. Notary Public SEND SUBSEQUENT TAX BILLS TO: City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 Page 38 of 59 P4.Page 369 of 408 EXHIBIT A LEGAL DESCRIPTION Page 39 of 59 P4.Page 370 of 408 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (“Agreement”) is made as of the date the last party signs this Agreement (the “Effective Date”), and is by and between the City of Evanston, an Illinois home rule unit of government located in Cook County, Illinois (“Seller ”), and Mount Pisgah Ministry, Inc., an Illinois not-for-profit organization (“Purchaser”). WITNESSETH: WHEREAS, Seller is the owner of that certain properties commonly known as 1805 Church Street, Evanston, Illinois and 1708-1710 Darrow Avenue, Evanston, Illinois; and WHEREAS, the Seller desires to convey a portion of the properties at 1805 Church Street, Evanston, Illinois and 1708-1710 Darrow Avenue, Evanston, Illinois, more particularly described on Exhibit 1 attached hereto and made a part hereof (the “Property”) to Purchaser, NOW, THEREFORE, for and in consideration of the promises and of the mutual covenants and agreements hereinafter set forth, the parties agree to the terms of this Agreement, which reads in its entirety as follows: 1. Agreement to Purchase. Purchaser agrees to purchase and Seller agrees to sell and convey or cause to be conveyed to Purchaser, or its designee, by Special Warranty Deed (the “Deed”), good and merchantable title to the Property at the price and subject to the terms, conditions and provisions set forth in this Agreement. The Deed shall be substantially in the form attached hereto as Exhibit 2. 2. Purchase Price. Purchaser agrees to pay and Seller agrees to accept as the purchase price the sum of $1.00 (“Purchase Price”) payable at closing. 3. Survey. Seller will not be providing a survey and the Purchaser may obtain one at its own cost and expense. 4. Taxes. (a) Taxes for Years Prior to Closing. Seller will pay in full all general real property taxes that are levied with respect to the Property for tax years prior to the year of closing. (b) Tax Challenges. If any tax challenge is ongoing with respect to the Property for general real estate taxes levied for any tax years prior to the year of Closing (defined in Section 7(a) of this Agreement), Seller will receive the full benefit of any refund arising out of such tax challenge. If any tax challenge commenced by Seller results in a reduction in taxes for the general real estate taxes levied for the year of Closing, the parties shall re-prorate taxes for the year of Closing upon receipt of the actual tax bill or adjusted tax bill. This Section 9(b) expressly survives Closing. Page 40 of 59 P4.Page 371 of 408 (c) Taxes for Current Year of Closing. All general real property taxes that are levied with respect to the Property for the year of Closing will be prorated at the rate of 105% between Purchaser and Seller as of the business day immediately prior to the Closing. If the precise amount of taxes levied for the year of Closing cannot be determined, then the proration shall be computed based on the lesser of (i) the taxes on the Property levied for the immediately preceding tax year; or (ii) an amount equal to the taxable valuation, if available, of the Property in the year of Closing multiplied by the prior tax year’s total tax rate. 5. Title Policy. (a) At Purchaser’s expense, Purchaser shall obtain a title commitment (the “Commitment”) with respect to the Property. The Commitment shall establish that the Property is clear of all liens and encumbrances whatsoever, except for general real estate taxes not due and payable, covenants, conditions, restrictions and other matters of record. If the Commitment discloses unpermitted exceptions, Seller may elect, within 30 days after the date of delivery thereof, to have such exceptions removed from the Commitment or to have the title insurance company commit to insure against loss or damage that may be occasioned by such exceptions. If at the end of said 30-day period Seller fails to have the unpermitted exceptions removed or insured against, Purchaser may elect, upon notice to Seller within ten days after expiration of the 30-day period, to accept title as it then is. If Purchaser does not elect to accept title as it then is, Purchaser shall have the right to terminate this Agreement and will have no obligation to acquire the Property. (b) Purchaser shall, at Purchaser’s expense, obtain a title insurance policy by Chicago Title Insurance Company through its agent, Greater Illinois Title Company, or another title company acceptable to Purchaser (“Title Insurer”), dated as of the date Closing (defined in Section 7(a) of this Agreement) in a nominal amount with extended coverage over the general exceptions, free and clear of all liens and encumbrances whatsoever, except for general real estate taxes not due and payable, covenants, conditions, restrictions and other matters of record shown on the title commitment and those additional matters approved by Purchaser (the “Permitted Exceptions”). (c) The title commitment shall be conclusive evidence of good and merchantable title as to all matters insured by the policy, subject only to the exceptions contained in the title commitment. Seller shall also furnish Purchaser an affidavit of title in customary form covering the date of Closing and showing title in Seller subject only to the Permitted Exceptions. 6. Representations. (a) Seller’s Representations. As an inducement to Purchaser to enter into this Agreement Seller hereby represents to Purchaser and agrees as follows: Page 41 of 59 P4.Page 372 of 408 (i) Seller has the right, power and authority to sell the Property, subject to the terms and conditions provided for in this Agreement, and to execute, deliver and perform its obligations under this Agreement and all other instruments, conveyances and documents to be executed and delivered regarding the sale of the Property. This Agreement and all other documents executed and delivered, or to be executed and delivered by Seller regarding this Agreement have been, or at the appropriate time will be, duly executed and delivered and constitute or, upon such execution and delivery will constitute, the legal, valid and binding obligations of Seller, enforceable in accordance with the respective terms and provisions. No consent or approval of any person, firm, corporation or governmental authority is required to be obtained by Seller to enter into this Agreement. (ii) To the best of Seller’s knowledge, there exists no action, suit, litigation or proceeding affecting the Property to which Seller is a party, and to the knowledge of Seller, there is no such action, suit, litigation or proceeding threatened. (iii) Seller is not a “foreign person” as defined in Section 1445 of the Internal Revenue Code and is therefore exempt from the withholding requirements of said Section. Seller shall furnish Purchaser at Closing the exemption certification set forth in said Section. (b) Purchaser’s Representations. As an inducement to Seller to enter into this Agreement Purchaser hereby represents to Seller and agrees as follows: (i) Purchaser has the right, power and authority to purchase the Property, subject to the terms and conditions provided for in the Agreement, and to execute, deliver and perform its obligations under this Agreement and all other instruments, conveyances and documents to be executed and delivered regarding the purchase of the Property. This Agreement and all other documents executed and delivered, or to be executed and delivered by Purchaser regarding this Agreement have been, or at the appropriate time will be, duly executed and delivered and constitute or, upon such execution and delivery will constitute, the legal, valid and binding obligations of Purchaser, enforceable in accordance with the respective terms and provisions. No consent or approval of any person, firm, corporation or governmental authority is required to be obtained by Purchaser for Purchaser to enter into this Agreement. 7. Closing of Sale. (a) The Closing (“Closing”) shall take place on or before 90 days after the execution of this Agreement or such other date mutually agreeable to the parties. Page 42 of 59 P4.Page 373 of 408 (b) At Closing, each party shall, without further consideration, execute and deliver such additional instruments as may be reasonably requested by the other party to complete and effectuate the transfer of title and ownership of the Property, provided that such additional instruments (other than those specifically provided for in this Agreement, and customary Closing documents) shall not impose cost or liability on any party. This transaction shall be closed in accordance with the general provisions of the usual form of New York style escrow agreement then in use by the Title Insurer, the costs of which escrow shall be paid by Purchaser. Seller shall pay any State, County or other transfer tax imposed by local ordinance. 8. “As Is” Sale. Purchaser acknowledges that it will have adequate opportunity to inspect the Property and accepts the risk that any inspection may not disclose all material matters affecting the Property. SUBJECT ONLY TO THE TERMS OF SECTION 5(a) AND IF PURCHASER CLOSES THE TRANSACTION CONTEMPLATED HEREUNDER, PURCHASER AGREES TO ACCEPT THE PROPERTY IN ITS “AS IS” “WHERE IS” AND “WITH ALL FAULTS” CONDITION AT CLOSING AND THAT PURCHASER IS NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, FROM SELLER OR ITS AGENTS OR BROKERS, OR ANY OTHER PERSON ACTING OR PURPORTING TO ACT ON BEHALF OF SELLER, AS TO ANY MATTERS CONCERNING THE PROPERTY, INCLUDING WITHOUT LIMITATION: (i) the quality, nature, adequacy and physical condition and aspects of the Property, (ii) the quality, nature, adequacy, and physical condition of soils, geolog y and any groundwater, (iii) the existence, quality, nature, adequacy and physical condition of utilities serving the Property, (iv) the development potential of the Property, and the Property’s use, habitability, merchantability, fitness, suitability, value or adequacy of the Property for any particular purpose, (v) the zoning or other legal status of the Property or any other public or private restrictions on use of the Property, (vi) the compliance of the Property or its operation with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions and restrictions of any governmental or quasi-governmental entity or of any other person or entity, (vii) the condition of title to the Property (except the deed warranties), or (viii) any other fact or condition which may affect the Property, including without limitation, the physical condition, value, economics of operation or income potential of the Property. 9. Brokerage. Purchaser and Seller each represent and warrant to the other that it has had no dealings with any broker or agent regarding this Agreement and the subject matter hereof, and each party agrees to pay, and hold harmless and indemnify the other from and against, all costs, expenses or liabilities for compensation, commissions and other amounts claimed by any other broker or agent allegedly retained, consulted or employed by such indemnifying party. 10. Indemnification. Purchaser shall indemnify, defend and hold Seller harmless from and against any and all losses, claims, actions, liabilities, damages, liens, costs and expenses, including reasonable attorneys’ fees, incurred by Seller (or its agents, consultants or affiliates) Page 43 of 59 P4.Page 374 of 408 arising out of or related to (i) any activities upon the Property by Purchaser, its agents, contractors and employees, or (ii) the failure by Purchaser to observe or perform any of its covenants, representations or obligations under this Contract. This Section 10 shall survive the Closing or termination of this Contract. 11. Miscellaneous. (a) This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and to their respective successors and assigns. (b) This Agreement may be executed in counterparts, each of which shall be an original, but all of which shall constitute one instrument. (c) This Agreement (i) contains the entire understanding between the parties regarding the sale and purchase of the Property; and (ii) may be altered or amended from time to time only by written instrument executed by both parties hereto. (d) This Agreement shall be interpreted in accordance with the laws of the State of Illinois without regard to conflict of law principles. Jurisdiction and venue for all disputes shall be the Circuit Court located in Cook County, Illinois, or the fede ral district court for the Northern District of Illinois. (e) The provisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this Agreement. [Signature Page Follows] Page 44 of 59 P4.Page 375 of 408 IN WITNESS WHEREOF, the parties have executed this Agreement this day and year first written above. SELLER: CITY OF EVANSTON, A Home Rule unit of government By:________________________________ Print Name: Luke Stowe Its: City Manager PURCHASER: Mount Pisgah Ministry, Inc. An Illinois not-for-profit organization By: _________________________________ Print Name: Its: Page 45 of 59 P4.Page 376 of 408 Exhibit 1 LEGAL DESCRIPTION Page 46 of 59 P4.Page 377 of 408 EXHIBIT 2 After recording return to: Mount Pisgah Ministry, Inc. 1815 Church Street Evanston, Illinois 60201 SPECIAL WARRANTY DEED City of Evanston, an Illinois municipal corporation ("Grantor") having an address of 2100 Ridge Avenue, Evanston, IL 60201, for and in consideration of ONE AND NO/100 DOLLARS ($1.00) and other good and valuable considerations in hand paid, the receipt and sufficiency of which are hereby acknowledged, by these presents does grant, convey, bargain, and warrant to Mount Pisgah Ministry, Inc. ("Grantee") having an address of 1815 Church Street, Evanston, Illinois, all the following real property situated in the County of Cook, in the State of Illinois (“Property”), to wit: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. Grantor covenants as follows: 1. The real property is free from all encumbrances made by Grantor. 2. Grantor will warrant and defend the real property hereby conveyed against all lawful claims and demands of persons claiming by, through or under Grantor, but against no other person. Permanent Real Estate Index Number: Address of Real Estate: In Witness Whereof, said Grantor has executed this instrument as of ___________, 2023. CITY OF EVANSTON By:___________________________ City Manager Page 47 of 59 P4.Page 378 of 408 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) The undersigned, an Illinois notary public, does hereby certify that _______________________, personally known to me to be the ___________________ of Grantor, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me in the County stated above this day in person and severally acknowledged that as such __________________, he/she signed and delivered the said instrument, and as his/her free and voluntary act for the uses and purposes set forth therein. Given under my hand and notarial seal this _____ day of ______________, 2023. Notary Public SEND SUBSEQUENT TAX BILLS TO: Mount Pisgah Ministry, Inc. 1815 Church Street Evanston, Illinois 60201 Page 48 of 59 P4.Page 379 of 408 EXHIBIT A LEGAL DESCRIPTION Page 49 of 59 P4.Page 380 of 408 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (“Agreement”) is made as of the date the last party signs this Agreement (the “Effective Date”), and is by and between the City of Evanston, an Illinois home rule unit of government located in Cook County, Illinois (“Seller ”), and Housing Opportunity Development Corporation, an Illinois not-for-profit organization (“Purchaser”). WITNESSETH: WHEREAS, Seller is the owner of that certain properties commonly known as 1811- 1815 Church Street, Evanston, Illinois, more particularly described on Exhibit 1 attached hereto and made a part hereof (the “Property”); and WHEREAS, the Seller desires to convey the Property to Purchaser, NOW, THEREFORE, for and in consideration of the promises and of the mutual covenants and agreements hereinafter set forth, the parties agree to the terms of this Agreement, which reads in its entirety as follows: 1. Agreement to Purchase. Purchaser agrees to purchase and Seller agrees to sell and convey or cause to be conveyed to Purchaser, or its designee, by Special Warranty Deed (the “Deed”), good and merchantable title to the Property at the price and subject to the terms, conditions and provisions set forth in this Agreement. The Deed shall be substantially in the form attached hereto as Exhibit 2. 2. Purchase Price. Purchaser agrees to pay and Seller agrees to accept as the purchase price the sum of $1.00 (“Purchase Price”) payable at closing. 3. Survey. Seller will not be providing a survey and the Purchaser may obtain one at its own cost and expense. 4. Taxes. (a) Taxes for Years Prior to Closing. Seller will pay in full all general real property taxes that are levied with respect to the Property for tax years prior to the year of closing. (b) Tax Challenges. If any tax challenge is ongoing with respect to the Property for general real estate taxes levied for any tax years prior to the year of Closing (defined in Section 7(a) of this Agreement), Seller will receive the full benefit of any refund arising out of such tax challenge. If any tax challenge commenced by Seller results in a reduction in taxes for the general real estate taxes levied for the year of Closing, the parties shall re-prorate taxes for the year of Closing upon receipt of the actual tax bill or adjusted tax bill. This Section 9(b) expressly survives Closing. Page 50 of 59 P4.Page 381 of 408 (c) Taxes for Current Year of Closing. All general real property taxes that are levied with respect to the Property for the year of Closing will be prorated at the rate of 105% between Purchaser and Seller as of the business day immediately prior to the Closing. If the precise amount of taxes levied for the year of Closing cannot be determined, then the proration shall be computed based on the lesser of (i) the taxes on the Property levied for the immediately preceding tax year; or (ii) an amount equal to the taxable valuation, if available, of the Property in the year of Closing multiplied by the prior tax year’s total tax rate. 5. Title Policy. (a) At Purchaser’s expense, Purchaser shall obtain a title commitment (the “Commitment”) with respect to the Property. The Commitment shall establish that the Property is clear of all liens and encumbrances whatsoever, except for general real estate taxes not due and payable, covenants, conditions, restrictions and other matters of record. If the Commitment discloses unpermitted exceptions, Seller may elect, within 30 days after the date of delivery thereof, to have such exceptions removed from the Commitment or to have the title insurance company commit to insure against loss or damage that may be occasioned by such exceptions. If at the end of said 30-day period Seller fails to have the unpermitted exceptions removed or insured against, Purchaser may elect, upon notice to Seller within ten days after expiration of the 30-day period, to accept title as it then is. If Purchaser does not elect to accept title as it then is, Purchaser shall have the right to terminate this Agreement and will have no obligation to acquire the Property. (b) Purchaser shall, at Purchaser’s expense, obtain a title insurance policy by Chicago Title Insurance Company through its agent, Greater Illinois Title Company, or another title company acceptable to Purchaser (“Title Insurer”), dated as of the date Closing (defined in Section 7(a) of this Agreement) in a nominal amount with extended coverage over the general exceptions, free and clear of all liens and encumbrances whatsoever, except for general real estate taxes not due and payable, covenants, conditions, restrictions and other matters of record shown on the title commitment and those additional matters approved by Purchaser (the “Permitted Exceptions”). (c) The title commitment shall be conclusive evidence of good and merchantable title as to all matters insured by the policy, subject only to the exceptions contained in the title commitment. Seller shall also furnish Purchaser an affidavit of title in customary form covering the date of Closing and showing title in Seller subject only to the Permitted Exceptions. 6. Representations. (a) Seller’s Representations. As an inducement to Purchaser to enter into this Agreement Seller hereby represents to Purchaser and agrees as follows: Page 51 of 59 P4.Page 382 of 408 (i) Seller has the right, power and authority to sell the Property, subject to the terms and conditions provided for in this Agreement, and to execute, deliver and perform its obligations under this Agreement and all other instruments, conveyances and documents to be executed and delivered regarding the sale of the Property. This Agreement and all other documents executed and delivered, or to be executed and delivered by Seller regarding this Agreement have been, or at the appropriate time will be, duly executed and delivered and constitute or, upon such execution and delivery will constitute, the legal, valid and binding obligations of Seller, enforceable in accordance with the respective terms and provisions. No consent or approval of any person, firm, corporation or governmental authority is required to be obtained by Seller to enter into this Agreement. (ii) To the best of Seller’s knowledge, there exists no action, suit, litigation or proceeding affecting the Property to which Seller is a party, and to the knowledge of Seller, there is no such action, suit, litigation or proceeding threatened. (iii) Seller is not a “foreign person” as defined in Section 1445 of the Internal Revenue Code and is therefore exempt from the withholding requirements of said Section. Seller shall furnish Purchaser at Closing the exemption certification set forth in said Section. (b) Purchaser’s Representations. As an inducement to Seller to enter into this Agreement Purchaser hereby represents to Seller and agrees as follows: (i) Purchaser has the right, power and authority to purchase the Property, subject to the terms and conditions provided for in the Agreement, and to execute, deliver and perform its obligations under this Agreement and all other instruments, conveyances and documents to be executed and delivered regarding the purchase of the Property. This Agreement and all other documents executed and delivered, or to be executed and delivered by Purchaser regarding this Agreement have been, or at the appropriate time will be, duly executed and delivered and constitute or, upon such execution and delivery will constitute, the legal, valid and binding obligations of Purchaser, enforceable in accordance with the respective terms and provisions. No consent or approval of any person, firm, corporation or governmental authority is required to be obtained by Purchaser for Purchaser to enter into this Agreement. 7. Closing of Sale. (a) The Closing (“Closing”) shall take place on or before 90 days after the execution of this Agreement or such other date mutually agreeable to the parties. Page 52 of 59 P4.Page 383 of 408 (b) At Closing, each party shall, without further consideration, execute and deliver such additional instruments as may be reasonably requested by the other party to complete and effectuate the transfer of title and ownership of the Property, provided that such additional instruments (other than those specifically provided for in this Agreement, and customary Closing documents) shall not impose cost or liability on any party. This transaction shall be closed in accordance with the general provisions of the usual form of New York style escrow agreement then in use by the Title Insurer, the costs of which escrow shall be paid by Purchaser. Seller shall pay any State, County or other transfer tax imposed by local ordinance. 8. “As Is” Sale. Purchaser acknowledges that it will have adequate opportunity to inspect the Property and accepts the risk that any inspection may not disclose all material matters affecting the Property. SUBJECT ONLY TO THE TERMS OF SECTION 5(a) AND IF PURCHASER CLOSES THE TRANSACTION CONTEMPLATED HEREUNDER, PURCHASER AGREES TO ACCEPT THE PROPERTY IN ITS “AS IS” “WHERE IS” AND “WITH ALL FAULTS” CONDITION AT CLOSING AND THAT PURCHASER IS NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, FROM SELLER OR ITS AGENTS OR BROKERS, OR ANY OTHER PERSON ACTING OR PURPORTING TO ACT ON BEHALF OF SELLER, AS TO ANY MATTERS CONCERNING THE PROPERTY, INCLUDING WITHOUT LIMITATION: (i) the quality, nature, adequacy and physical condition and aspects of the Property, (ii) the quality, nature, adequacy, and physical condition of soils, geology and any groundwater, (iii) the existence, quality, nature, adequacy and physical condition of uti lities serving the Property, (iv) the development potential of the Property, and the Property’s use, habitability, merchantability, fitness, suitability, value or adequacy of the Property for any particular purpose, (v) the zoning or other legal status of the Property or any other public or private restrictions on use of the Property, (vi) the compliance of the Property or its operation with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions and restrictions of any governmental or quasi-governmental entity or of any other person or entity, (vii) the condition of title to the Property (except the deed warranties), or (viii) any other fact or condition which may affect the Property, including without limitation, the physical condition, value, economics of operation or income potential of the Property. 9. Brokerage. Purchaser and Seller each represent and warrant to the other that it has had no dealings with any broker or agent regarding this Agreement and the subject matter hereof, and each party agrees to pay, and hold harmless and indemnify the other from and against, all costs, expenses or liabilities for compensation, commissions and other amounts claimed by any other broker or agent allegedly retained, consulted or employed by such indemnifying party. 10. Indemnification. Purchaser shall indemnify, defend and hold Seller harmless from and against any and all losses, claims, actions, liabilities, damages, liens, costs and expenses, including reasonable attorneys’ fees, incurred by Seller (or its agents, consultants or affiliates) Page 53 of 59 P4.Page 384 of 408 arising out of or related to (i) any activities upon the Property by Purchaser, its agents, contractors and employees, or (ii) the failure by Purchaser to observe or perform any of its covenants, representations or obligations under this Contract. This Section 10 shall survive the Closing or termination of this Contract. 11. Miscellaneous. (a) This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and to their respective successors and assigns. (b) This Agreement may be executed in counterparts, each of which shall be an original, but all of which shall constitute one instrument. (c) This Agreement (i) contains the entire understanding between the parties regarding the sale and purchase of the Property; and (ii) may be altered or amended from time to time only by written instrument executed by both parties hereto. (d) This Agreement shall be interpreted in accordance with the laws of the State of Illinois without regard to conflict of law principles. Jurisdiction and venue for all disputes shall be the Circuit Court located in Cook County, Illinois, or the federal district court for the Northern District of Illinois. (e) The provisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this Agreement. [Signature Page Follows] Page 54 of 59 P4.Page 385 of 408 IN WITNESS WHEREOF, the parties have executed this Agreement this day and year first written above. SELLER: CITY OF EVANSTON, A Home Rule unit of government By:________________________________ Print Name: Luke Stowe Its: City Manager PURCHASER: Housing Opportunity Development Corporation An Illinois not-for-profit organization By: _________________________________ Print Name: Its: Page 55 of 59 P4.Page 386 of 408 Exhibit 1 LEGAL DESCRIPTION Page 56 of 59 P4.Page 387 of 408 EXHIBIT 2 After recording return to: Housing Opportunity Development Corporation 5340 Lincoln Avenue Skokie, Illinois 60077 SPECIAL WARRANTY DEED City of Evanston, an Illinois municipal corporation ("Grantor") having an address of 2100 Ridge Avenue, Evanston, IL 60201, for and in consideration of ONE AND NO/100 DOLLARS ($1.00) and other good and valuable considerations in hand paid, the receipt and sufficiency of which are hereby acknowledged, by these presents does grant, convey, bargain, and warrant to Housing Opportunity Development Corporation ("Grantee") having an address of 5340 Lincoln Avenue, Skokie, Illinois, all the following real property situated in the County of Cook, in the State of Illinois (“Property”), to wit: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. Grantor covenants as follows: 1. The real property is free from all encumbrances made by Grantor. 2. Grantor will warrant and defend the real property hereby conveyed against all lawful claims and demands of persons claiming by, through or under Grantor, but against no other person. Permanent Real Estate Index Number: Address of Real Estate: In Witness Whereof, said Grantor has executed this instrument as of ___________, 2023. CITY OF EVANSTON By:___________________________ City Manager Page 57 of 59 P4.Page 388 of 408 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) The undersigned, an Illinois notary public, does hereby certify that _______________________, personally known to me to be the ___________________ of Grantor, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me in the County stated above this day in person and severally acknowledged that as such __________________, he/she signed and delivered the said instrument, and as his/her free and voluntary act for the uses and purposes set forth therein. Given under my hand and notarial seal this _____ day of ______________, 2023. Notary Public SEND SUBSEQUENT TAX BILLS TO: Housing Opportunity Development Corporation 5340 Lincoln Avenue Skokie, IL 60077 Page 58 of 59 P4.Page 389 of 408 EXHIBIT A LEGAL DESCRIPTION Page 59 of 59 P4.Page 390 of 408 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of the Planning and Development Committee From: Elizabeth Williams, Planning Manager CC: Sarah Flax, Director of Community Development Subject: Ordinance 55-O-23, granting a Special Use Permit for a Convenience Store at 831 Foster Street in the B1 Business District Date: July 10, 2023 Recommended Action: The Land Use Commission recommends the adoption of Ordinance 55-O-23 granting a Special Use Permit for a Convenience Store at 831 Foster Street in the B1 Business District. The applicant has complied with all zoning requirements and meets all of the Standards for Special Use for this district. CARP: N/A Council Action: For Action Summary: The applicant, Mohammed Abdelmajid, requests a Special Use for a Convenience Store. • Goods sold: groceries and household goods, including but not limited to soft drinks, energy drinks, water, smoothies, protein drinks, cold-cut sandwiches, chips, snacks, frozen food, coffee, and candy. • Business hours: 7:30 am to 8:00 pm, daily • Number of employees: Two people for two shifts A special use permit is required for this business because the products being sold qualify it as a food store establishment, and the sales floor is under 3,200 square feet. To sell tobacco products in addition to the other goods, the applicant will be required to comply with all federal, state, and local regulations and obtain a Retail Tobacco Vendor License with the Evanston Health and Human Services Department. P5.Page 391 of 408 At the May 24, 2023, Land Use Commission public hearing, the Commission considered the request and verified the applicant’s intent with regard to hours of operation, number of employees, customer base, and parking. The applica nt confirmed the hours of operation and number of employees stated above and that they anticipate employees will arrive via public transit. The applicant also stated they anticipate pedestrian foot traffic as their customer base. The Commission also asked the applicant for clarification regarding the food prep and was satisfied with their responses. No additional zoning relief is required, and no exterior changes to the existing building or property are proposed. Legislative History: May 24, 2023 - The Land Use Commission recommended approval of the Special Use by a vote of 6-0 with three absent, with the following conditions: 1. That the cashier is located at the front of the store; 2. That tobacco sales are not to exceed 50 percent of total sales or floor display; 3. That storefront window obstruction is restricted to a height of 3 feet above the grade; 4. That a refuse receptacle is to be placed near the cashier and is to be accessible to customers; 5. The store owner will clean up litter within 250 feet of the front of the store; 6. The hours of operation are 6:00 am to 11:00 pm Sunday through Thursday and 6:00 am to 12:00 am Friday and Saturday; and 7. That employees will not park on the street. Attachments: Ordinance 55-23 Special Use Convenience Store 831 Foster Street Page 2 of 10 P5.Page 392 of 408 06/26/2023 55-O-23 AN ORDINANCE Granting A Special Use Permit for a Convenience Store Located at 831 Foster Street, in the B1 Business District WHEREAS, the City of Evanston is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, as a home rule unit of government, the City has the authority to adopt legislation and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section 6(a) of the Illinois Constitution of 1970, states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule unit be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164, 174-75 (1992)); and WHEREAS, it is a well-established proposition under all applicable case law that the power to regulate land use through zoning regulations is a legitimate means of promoting the public health, safety, and welfare; and, WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1, et seq.) grants each municipality the power to establish zoning regulations; and, WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code of 2012, as amended (“the Zoning Ordinance”); and Page 3 of 10 P5.Page 393 of 408 55-O-23 ~2~ WHEREAS, Mohammed Abdelmajid is the lessee (“the Applicant”), of the property located at 831 Foster Street, legally described herein (the “Subject Property”), attached hereto and incorporated herein as Exhibit A; and WHEREAS, the Applicant has petitioned the City Council of the City of Evanston, for approval of a Special Use Permit for a Convenience Store in the B1 Business District pursuant to City Code Section 6-9-2-3, located at the Subject Property (“Special Use”); and WHEREAS, following due and proper publication of notice in the Pioneer North not less than fifteen (15) nor more than thirty (30) days prior thereto, and following written notice to all property owners within 500 feet of the Subject Property, and following the placement of signs on the Subject Property not less than ten (10) days prior thereto, the Evanston Land Use Commission (“LUC”) conducted a public hearing on May 24, 2023 regarding case no. 23ZMJV-0026 to consider the requested Special Use, at which the Applicant presented evidence, testimony, and exhibits in support of the Special Use, and at which interested parties were provided the opportunity to provide public comment; and WHEREAS, after having considered the evidence presented, including the exhibits and materials submitted, and public testimony provided, the LUC reviewed the standards for a Special Use pursuant to City Code Section 6-3-5-10 and found that: 1. Is one of the listed special uses for the zoning district in which the property lies: A store like a convenience store is permitted in the B1 business district so the standard is met. 2. Complies with the purposes and the policies of the Comprehensive General Plan and the Zoning Ordinance: A convenience store that utilizes the business space aligns with the goals and standards of the plan, so the standard is met. Page 4 of 10 P5.Page 394 of 408 55-O-23 ~3~ 3. Does not cause a negative cumulative effect in combination with existing special uses or as a category of land use: The minimal impact standard is met because the store's size and the nature of its offerings, along with the expectation of foot traffic rather than heavy vehicular traffic, suggests that the impact on the neighborhood will be minimal. 4. Does not interfere with or diminish the value of property in the neighborhood: A functioning business does more for property values than an empty storefront and no one has testified against the project, so the standard is met. 5. Is adequately served by public facilities and services: The proposed convenience store will not result in a significant increase in the building's usage compared to its previous use as a daycare and so the standard is met. 6. Does not cause undue traffic congestion: Most of the traffic for this use is pedestrian traffic, bicyclists, and people going to and from the train, so the standard is met. 7. Preserves significant historical and architectural resources: There is no change to the outside of the building so that standard is met. 8. Preserves significant natural and environmental resources: There is no change to the outside of the building so that standard is met. 9. 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: They will be required to be licensed and monitored through the Health Department which is included as standard language of code and regulation compliance in the final ordinance, so the standard is met. WHEREAS, after making its findings as set forth herein, the LUC recommended approval of the requested Special Use pursuant to Sections 6-3-5-7 and 6-3-5-10 of the Zoning Ordinance by a vote of six (6) “yes” votes and zero (0) “no” votes with three (3) absent to the Planning and Development Committee (“P & D Committee”) of the City Council; and WHEREAS, on June 26, 2023, the P & D Committee held a meeting in compliance with the Illinois Open Meetings Act, received input from the public, carefully considered the findings, and recommendation for approval by the LUC in case no. 23MJV-0026 as outlined herein, concurred with said findings, and recommended approval of the Special Use to the City Council; and Page 5 of 10 P5.Page 395 of 408 55-O-23 ~4~ WHEREAS, at its meetings on June 26, 2023 and July 10, 2023, held in compliance with the Open Meetings Act, the City Council considered the aforementioned findings of fact, as amended and outlined herein, and found it appropriate to grant the Special Use as recommended by the LUC and the P & D Committee; and WHEREAS, it is well-settled law that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill. App.3d 747) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Council has considered the findings and recommendations of the LUC and the P & D Committee and the foregoing recitals are hereby found and adopted as fact with regard to the requested Special Use. SECTION 2: Based upon the above findings of fact and pursuant to the terms and conditions of this ordinance and Section 6-3-5-8 of the Zoning Ordinance, the City Council hereby grants the Special Use Permit, as applied for in zoning case no. 23ZMJV-0026, to allow the operation of a Convenience Store on the Subject Property in the B1 Business District. SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council imposes the following conditions on the Special Use Permit granted hereby, which may be amended by future ordinance(s), violation of any of which shall Page 6 of 10 P5.Page 396 of 408 55-O-23 ~5~ constitute grounds for penalties or revocation of said Special Use Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: A.Substantial Compliance: The Applicant shall construct the associated improvements to the Subject Property as described herein, as authorized by the terms of this ordinance in substantial compliance with all applicable City Code requirements and the Applicant's testimony and representations to the Land Use Commission, the P&D Committee, and the City Council. B.Recordation: The Applicant shall, at their cost, record a certified copy of this ordinance, including all Exhibits attached hereto, with the Cook County Clerk’s Office, and provide proof of such recordation to the City prior to issuance of a final Certificate of Occupancy. C.Cashier: The cashier shall be located at the front of the store. D.Tobacco Sales: Tobacco sales are not to exceed 50% of total sales or floor display. E.Window: The storefront window obstruction shall be restricted to a height of three (3) feet above the grade. F.Refuse receptacle: A refuse receptacle shall be placed near the cashier and shall be accessible to customers. G.Litter clean-up: The store owner shall clean up litter within 250 feet of the front of the store. H.Hours: Hours of operation are 6:00 am to 11:00 pm Sunday through Thursday and 6:00 am to 12:00 am Friday and Saturday. I.Parking: Employees shall not park on the street. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s tenants, agents, assigned, and successors in interest.” SECTION 5: The City Council may, for good cause shown, waive or modify any conditions set forth in this Ordinance without requiring that the matter return for public hearing. SECTION 6: The Building Official is hereby authorized and directed to issue building permits for the subject property, consistent with the approvals granted herein, provided that all conditions set forth hereinabove have been met and that the Page 7 of 10 P5.Page 397 of 408 55-O-23 ~6~ proposed construction is in compliance with all other applicable laws and ordinances. This grant of the approvals shall expire and become null and void twenty-four (24) months from the date of passage of this Ordinance unless a building permit to begin construction in accordance with this Ordinance is applied for within said twenty-four (24)-month time period and construction is continuously and vigorously pursued provided, however, the City Council, by motion, may extend the period during which permit application, construction, and completion shall take place. SECTION 7: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 8: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 9: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 10: 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: _________________, 2023 Adopted: ___________________, 2023 Approved: __________________________, 2023 _______________________________ Page 8 of 10 P5.Page 398 of 408 55-O-23 ~7~ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Nicholas E. Cummings, Corporation Counsel Page 9 of 10 P5.Page 399 of 408 55-O-23 ~8~ EXHIBIT A LEGAL DESCRIPTION THE WEST 24 FEET OF LOT 10 AND ALL OF LOT 11 IN BLOCK 2 IN WHEELER AND OTHERS SUBDIVISION OF THAT PART OF THE NORTH ½ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF SHERMAN AVENUE, IN COOK COUNTY, ILLINOIS. PIN: 11-18-104-019-0000 Commonly Known As: 827 -33 Foster Street, Evanston, Illinois Page 10 of 10 P5.Page 400 of 408 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of the Human Services Committee From: Alison Leipsiger, Policy Coordinator CC: Ike Ogbo, DIrector of Health and Human Services Subject: Ordinance 2-O-23, Amending the City Code, "Creating Title 12 "Consumer Protections" Chapter 1, Cashless Establishments Prohibited. Date: July 10, 2023 Recommended Action: Staff is providing City Council with the following information to consider Ordinance 2-O-23, Amending the City Code, "Creating Title 12 "Consumer Protections" Chapter 1, Cashless Establishments Prohibited. Council Action: For Action Summary: Ordinance 2-O-23 makes it unlawful to have a cashless establishment in Evanston. The creation of Ordinance 2-O-23 is to ascertain that community members without bank accounts and debit or credit cards have the same access to goods and services at food and retail establishments as other community members with bank/credit cards. The ordinance makes it acceptable to accept cash at the aforementioned establishments and is punishable by fines for establishments that refuse to accept payment in the form of cash. The ordinance is oriented to ensure equal treatment of all shoppers in Evanston and establishes that no community member should be denied access to goods, services, and basic needs for not having a debit/credit card or due to a faulty payment device. In a ddition, Ordinance 2-O-23 stipulates that violations be reported to 311 for enforcement. There are several large municipalities that have already enacted ordinances banning cashless establishments. On October 1, 2019, Philadelphia, PA, was the first majo r city to enact an ordinance banning cashless establishments. Soon thereafter, New York City, San Francisco, and New Jersey enacted similar legislation. In 1978, Massachusetts, as a state, began requiring establishments to accept cash when tendered. HS1.Page 401 of 408 Feedback from Equity and Empowerment Commission First, the Commission believes that every Evanston resident should have equal access to be able to be served in any of Evanston's retail and service establishments, whether they are unbanked or not. Statistics shared by the Human Services Committee demonstrate that there is a disproportional racial impact in terms of who is excluded based on the national unbanked statistics. While an estimated 4.5% of the United States is unbanked, that number is only 2.5% for the white population but jumps to 16.3% of the Indigenous, 13.8% of the Black, and 12.2% in the Hispanic community. We stand in firm agreement with this ordinance as it attempts to reduce the likelihood that national trends to cashless retail will negatively impact marginalized populations in Evanston. When we reviewed this proposed change, we did so from a racial equity lens. Below are the issues we considered in the process of developing our final recommendations: The disproportionate impact on the unbanked, as represented in the racialized statistics, was a huge factor in our decision to support this ordinance. The cost of collecting cash does not present a huge capital cost to operationalize. Also, unlike forcing credit cards or digital banking, on the flip side would present a larger burden. We also recognize that youth, seniors, and undocumented residents may also have higher unbanked rates than the national average. After considering these things, we recommend the following: • There needs to be clarity upfront on who purchases/leases these temporary card machines. • Add data about the national trend that shows cashless retail is a growing problem for the unbanked. • Rephrase the following section, as #2 does not clearly communicate that this exception is for things like Door Dash or Uber Eats. • It shall be unlawful for a food store or a retail establishment to refuse to accept payment in cash from consumers, provided that such food store or retail establishment may refuse to accept payment: • In cash bills denominated above $20; or • In cash for any telephone, mail, or internet -based transaction, unless the payment for such transaction takes place on the premises of such food store or retail establishment. • We suggest that medical services be included in this cashless ban. In summary, the EEC recommends that the City Council considers the passage of the Cashless Establishments Prohibited Ordinance. Signed Evanston Equity and Empowerment Commission Co-Chairs Karla Thomas & La Shandra Rayfield. Information from the Economic Development Committee Additional research about similar ordinances in other communities Page 2 of 8 HS1.Page 402 of 408 • Staff researched Philadelphia, New York, San Francisco, Massachusetts, New Jersey, and Colorado • Ban applies to retail, restaurant, and service businesses. Massachusetts has a statewide ban on cashless businesses • Typical exceptions / cashless definitions include denominations over $20, reservations, deposits, and mobile app purchases • Single transaction caps for cash transactions ranged from $500 to $5,000 • Ordinances prohibit expiration dates and fees on prepaid cards sold at stores to ensure users maintain their purchasing power "Reverse ATM" technology • Staff researched point of sale (POS) options and options for City-owned facilities in business districts. • The customer places cash in the machine that dispenses payment cards • Several manufacturers of the machines include Wavetech, Cash 2 Card, and XTM • Manufacturers of reverse ATMs were not responsive to staff's inquiries • Staff did not identify any new stories about the theft of reverse ATMs • Reverse ATMs appeared to have grown in popularity during COVID to limit cash handling. Used primarily at sports venues or kiosks at large events. Staff did not identify examples of countertop point-of-sale machines in individual retailers • The ordinance should consider Dormancy fees prohibition (e.g., a $3 fee after 90 days of no usage) Met with local businesses to gather input • Staff invited all food establishments to a Zoom meeting on February 9, 2023 (recording) • Approximately eight businesses attended the call, including local media, economic development staff, and Councilmembers Burns, Reid, and Suffredin • Cashless businesses report they benefit from lower operating costs by eliminating shortages, reducing accounting costs, and h andling and transferring cash to banks • Business owners also report feeling safer reducing the threat of robbery of the establishment or assault while transferring cash. One attendee cited theft of the tip jar at the point of sale as evidence cashless is safer • Attendees who choose cashless operations reported a willingness to never turn away a customer in need Survey of businesses • Staff designed the fifteen-question Cashless Establishment Ordinance Survey and distributed registered businesses and it food establishments. to licensed Councilmember Reid reviewed it prior to distribution. • Total number of businesses contacted was 830, and 33 responded • Key Survey Findings: o Food establishments and retail made up 93% of respondents o 78% of businesses responded "yes" to accepting cash o Of the seven that do not accept cash, six do not plan to accept cash in the future o 84% of the total respondents are not considering going cashless in the future o 87% shared there is no challenge associated with accepting cash o Most accepted payment methods are: Credit Card (96%), third party (88%), cash (80%), and prepaid card (72%) Page 3 of 8 HS1.Page 403 of 408 Legislative History: Councilmember Reid made a referral to ban cashless establishments in May 2022. Ordinance 2-O-23 was reviewed at the December 5, 2022, Human Services Commit tee meeting as Ordinance 124-O-22 and approved to forward to the City Council for adoption. Ordinance 2-O-23 was introduced at the January 9, 2023, City Council meeting and for action at the January 23, 2023, City Council meeting, where it was referred back to the Equity and Empowerment Commission and the Economic Development Committee for their input, which is listed above in the summary section. Attachments: 2-O-23 Creating Title 12 of the Code Consumer Protections Page 4 of 8 HS1.Page 404 of 408 1/9/2023 2-O-23 AN ORDINANCE Amending the City Code, Creating Title 12, “Consumer Protections”, Chapter 1 " Cashless Establishments Prohibited" WHEREAS, the City of Evanston strives to ensure equity among community members; and WHEREAS, it is necessary to ensure that commmunity members without bank accounts, debit or credit cards have the same access to goods and services at food and retail establishments as community members with bank accounts, debits and credit cards; and WHEREAS, no community member should be denied access to goods, services and basic needs for not having a debit/credit card or due to a payment device malfunctioning; and NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Title 12, "Consumer Protections", Chapter 1, “Cashless Establishments Prohibited” of the Evanston City Code of 2012 (“City Code”), is hereby created as follows: TITLE 12 - CONSUMER PROTECTIONS CHAPTER 1 - CASHLESS ESTABLISHMENTS PROHIBITED. 12-1-1. - DEFINITIONS. As used in this Chapter the following terms mean: Page 5 of 8 HS1.Page 405 of 408 2-O-23 ~2~ CASH:United States coins and currency, including federal reserve notes. Cash does not include foreign currency; any paper instrument other than a federal reserve note, including, but not limited to, any check, bond, or promissory note; or any foreign metal coin. CONSUMER COMMODITY: any article, good, merchandise, product or commodity of any kind or class produced, distributed or offered for retail sale for consumption by individuals, or for personal, household or family purposes. FOOD STORE:an establishment which gives or offers for sale food or beverages to the public for consumption or use on or off the premises, or on or off a pushcart, stand or vehicle. RETAIL ESTABLISHMENT:an establishment wherein consumer commodities are sold, displayed or offered for sale, or where services are provided to consumers at retail. This definition does not include banks or trust companies as those terms are defined in section 2 of article 1 of the banking law. 12-1-2. – ENFORCEMENT AND PENALTIES. (A) It shall be unlawful for a food store or a retail establishment to refuse to accept payment in cash from consumers, provided that such food store or retail establishment may refuse to accept payment: 1. In cash bills denominated above $20; or 2. In cash for any telephone, mail, or internet-based transaction, unless the payment for such transaction takes place on the premises of such food store or retail establishment. (B) No food store or retail establishment shall charge a higher price for the same consumer commodity to a consumer who pays in cash than to a consumer who pays for such commodity through a cash-less transaction. (C) A food store or retail establishment that violates this section is liable for a civil penalty of not more than $1000 for the first violation and a civil penalty of not more than $1500 for each subsequent violation, consumers may report any violation to 311. Disputed cases shall be heard by an Administrative Hearing Officer in accordance with applicable provisions in Title 11 of this code. (D) This subchapter shall not apply to a food store or retail establishment that provides a device on premises that converts cash, without charging a fee or Page 6 of 8 HS1.Page 406 of 408 2-O-23 ~3~ requiring a minimum deposit amount greater than one dollar, into a prepaid card that allows a consumer to complete a transaction at such food store or retail establishment. 1. Upon request, such device shall provide each consumer with a receipt indicating the amount of cash such consumer deposited onto the prepaid card. 2. Cash deposits onto such a prepaid card shall not be subject to an expiration date and there shall be no limit on the number of transactions that may be completed on such prepaid card. 3. In the event that such device malfunctions, the food store or retail establishment where such device is located shall accept payment in cash from consumers throughout the time period in which such device does not function in accordance with the standards set forth in this subchapter. 4. Such food store or retail establishment shall place a conspicuous sign on or immediately adjacent to such device indicating that such food store or retail establishment is required by law to accept cash if such device malfunctions, and that consumers may report any violation to 311. The department may establish by rule additional requirements relating to such signs and the display of such signs. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this Ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid 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 6: This Ordinance shall be in full force and effect after its passage, approval, and publication in the manner provided by law. Page 7 of 8 HS1.Page 407 of 408 2-O-23 ~4~ Introduced:_________________, 2023 Adopted:___________________, 2023 Approved: __________________________, 2023 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: _______________________________ Nicholas E. Cummings, Corporation Counsel Page 8 of 8 HS1.Page 408 of 408