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Home My WebLink About07.25.16 Packet CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, July 25, 2016 Administration & Public Works (A&PW) Committee meets at 6 p.m. Planning & Development Committee (P&D) meets at 7:15 p.m. City Council meeting will convene at conclusion of the P&D Committee meeting. Alderman Delores Holmes has requested to participate in the City Council’s Regular and Committee Meetings of July 25, 2016 via telephone conference call pursuant to 5ILCS 120/7(c). ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Fiske (II) Mayor Public Announcements and Proclamations (III) City Manager Public Announcements National Night Out- August 2, 2016 (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. Those wishing to speak should sign their name and the agenda item or non- agenda topic to be addressed on a designated participation sheet. If there are five or fewer speakers, fifteen minutes shall be provided for Public Comment. If there are more than five speakers, a period of forty-five minutes shall be provided for all comment, and no individual shall speak longer than three minutes. The Mayor will allocate time among the speakers to ensure that Public Comment does not exceed forty-five minutes. The business of the City Council shall commence forty-five minutes after the beginning of Public Comment. Aldermen do not respond during Public Comment. Public Comment is intended to foster dialogue in a respectful and civil manner. Public comments are requested to be made with these guidelines in mind. (VI) Special Orders of Business (VII) Consent Agenda: Alderman Rainey 1 of 620 City Council Agenda July 25, 2016 Page 2 of 11 (VIII) Report of the Standing Committees Administration & Public Works - Alderman Miller Planning & Development - Alderman Wilson Human Services - Alderman Fiske (IX) Call of the Wards (Aldermen shall be called upon by the Mayor to announce or provide information about any Ward or City matter which an Alderman desires to bring before the Council.) {Council Rule 2.1(10)} (X) Executive Session (XI) Adjournment SPECIAL ORDERS OF BUSINESS (SP1) Recent 9th Circuit Court of Appeal Decision Regarding 2nd Amendment and Concealed Carry Staff will provide a summary regarding the recent 9th Circuit Court of Appeals decision in Peruta v. County of San Diego, 10-56971, decided June 9, 2016, pursuant to Alderman Wilson’s request. For Discussion (SP2) Restrictions on Lawn Sprinkling Staff will provide an update of the Ordinance requiring restrictions on lawn sprinkling and other water uses, pursuant to Mayor Tisdahl’s request. For Discussion CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting July 11, 2016. For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through July 10, 2016 $3,177,783.49 (A2) FY2016 City of Evanston Bills – July 26, 2016 $1,390,847.77 For Action 2 of 620 City Council Agenda July 25, 2016 Page 3 of 11 (A3.1) Equipment Purchase with Monroe Truck Equipment to Up-Fit Fleet Service Truck Staff recommends City Council approval for the purchase of equipment to up-fit a fleet service vehicle for the Department of Administrative Services (Bid 16-52) from Monroe Truck Equipment (1051W. 7th Street, Monroe, WI 53566) in the amount of $25,763. The equipment will be installed on fleet service vehicle #759 (2016 Ford F-450 6.7L Diesel) to support daily operations of the Fleet Services Division Services. There are no Evanston businesses that can provide the required equipment. Funding in the amount of $25,763 for the equipment purchase will be from the FY2016 Equipment Replacement Fund (Account 601.19.7780.65550), with a total budget of $1,455,422.00. For Action (A3.2) One Year Renewal Agreement with Professional Account Management, LLC for Parking Ticket Management and Payment Processing Staff recommends that the City Council authorize the City Manager to exercise a one (1) year optional contract extension with Professional Account Management, LLC, a division of Duncan Solutions, Inc. (633 W. Wisconsin Avenue, Suite 1600, Milwaukee, WI). Professional Account Management administers the outsourced portion of the City’s parking ticket management and payment processing functions. The contract is on a per ticket basis; 2015 actual expenses were $319,809. The renewal price per ticket is $0.657 which is a 10% reduction from the original 2008 contract price of $0.73. There is no price increase or decrease from last year. The contract term was for three (3) years with one (1) optional renewal year effective August 1, 2013, making this the final year of the agreement. Funding is from Citation and Secondary Processing (Account 100.15.1560.62249), with a total budget of $320,000. For Action (A3.3) Three Year Agreement for Northwestern Football Parking on the Evanston Wilmette Golf Course during Home Football Games Staff recommends approval of the Evanston Wilmette Golf Course Association’s (EWGCA) request for a new three year agreement (2016, 2017 and 2018 seasons) to continue to park cars on holes 1, 2, 11 and 12 of the golf course during Northwestern University home football games. The only major change from the prior agreement is that Northwestern has requested a minimum of four hour pre-game parking as opposed to three hours. For Action 3 of 620 City Council Agenda July 25, 2016 Page 4 of 11 (A3.4) Three Special Event Permit Requests from Rotary Club of Evanston, Citizens’ for Greener Evanston and McGaw YMCA Staff recommends approval of the special event permit applications received from Rotary of Club of Evanston (Rotary Peace Festival), Citizens’ for Greener Evanston (Meet our Community Resource Fair & Concert) and McGaw YMCA (MetaMedia Maker Fair). The Rotary and Citizens’ for a Greener Evanston events, normally approved by the Human Services Committee, are being forwarded for approval to the Administration and Public Works Committee in order to allow the event coordinator enough time to proceed with and promote their event. The costs for City services provided for events require a 100% reimbursement from the sponsoring organization or event coordinator. These fees are waived for City events and City co-sponsored Events. For Action (A3.5) Sidewalk Café for NaKorn Restaurant Staff recommends City Council approval of first-time application for a sidewalk café permit for NaKorn Restaurant, a Type 1 Restaurant located at 1622 Orrington Avenue. The sidewalk café will consist of ten tables with two seats for a seating capacity of twenty. The café will operate Monday – Saturday 11:00 a.m. – 9:00 p.m. and Sunday 11:00 a.m. – 8:00 p.m. For Action (A3.6) Contract with A. Lamp Concrete Contractors, Inc. for 2016 Community Development Block Grant Street Resurfacing and SNAP Lighting Contract Staff recommends that City Council authorize the City Manager to execute a contract for the 2016 Community Development Block Grant (CDBG) Street Resurfacing and SNAP Lighting project (Bid No. 16-51) with A. Lamp Concrete Contractors, Inc. (1900 Wright Blvd, Schaumburg, IL) in the amount of $388,628.00. Funding will be provided from CDBG Funds (Account 415.40.4216.65515) in the amount of $205,000 and from the 2016 CIP GO Bond Fund (Account 415.40.4116.65515) in the amount of $5,419.50. For Action (A3.7) Agreement with Reliable & Associates Construction Co., Inc. for 2016 Church Street and Maple Avenue Garage Repair Project Staff recommends City Council authorize the City Manager to execute a contract for the 2016 Church Street and Maple Avenue Garage Repair Project (Bid No. 16-43) with Reliable & Associates Construction Co., Inc. (4106 S. Emerald Avenue, Chicago, Illinois) in the amount of $1,568,800. Funding will be provided from the Parking Fund and expenses will be tracked in the Capital Improvements Fund, (Accounts 515.19.7005.616014 - Church Street Garage and 515.19.7005.616015 - Maple Avenue Garage). This project was budgeted at $1,635,000 in FY 2016. An additional $52,160 will be required from the Parking Fund to award this contract. For Action 4 of 620 City Council Agenda July 25, 2016 Page 5 of 11 (A3.8) Agreement with Morton Salt Company for Rock Salt Purchase Staff recommends City Council approval of a one-year contract for the purchase of up to 7,500 tons of rock salt from the Morton Salt Company (123 N. Wacker Drive, Chicago, IL) at a cost of $51.21 per ton for a winter season total of $384,075. Funding for this purchase will be from the General Fund Snow and Ice Control (Account 100.40.4550.65015). For Action (A3.9) Approval of the City’s Electricity Supply Agreement Staff recommends City Council approval of an Electricity Supply Agreement with the low, responsive and responsible proposer to RFP 16-44 to supply electrical energy to twenty-three (23) City-owned facilities beginning June, 2017. The low responsive and responsible proposer will be determined upon receipt of pricing on the morning of July 25, 2016, which will then be presented to Administration and Public Works Committee that night. The cost for electricity is billed to the various accounts that support the buildings/facilities that are purchasing electricity through this agreement. For Action (A3.10)Change Order No. 2 for the Water Treatment Plant Roof and Masonry Improvements Agreement with Garland/DBS Staff recommends that City Council authorize the City Manager to execute Change Order No. 2 for the Water Treatment Plant Roof and Masonry Improvements agreement with Garland/DBS, Inc. (3800 East 91st Street, Cleveland, OH 44105) in the amount of $3,000.00. This will increase the total contract amount from the original contract price of $511,273 to $514,273. This Change Order will also include a time extension of 93 days, changing the contract completion date from July 28, 2016 to October 31, 2016. Funding for this project is from the Water Fund (Account 513.71.7330.65515-716004), which has an FY 2016 allocation of $550,000 for this project. For Action (A4) Resolution 56-R-16, Authorizing the City Manager to Execute the Professional Services Agreement with James B. Moran Center for “Certificate of Rehabilitation Program” Staff recommends that City Council adopt Resolution 56-R-16, authorizing the City manager to execute an agreement between the City of Evanston and the James B. Moran Center for Youth Advocacy (1123 Emerson, Suite 203 Evanston, IL 60201) to provide legal services for not less than nine Evanston residents to secure certificates of rehabilitation in an amount not to exceed $30,000. Funding for this agreement is budgeted in Parks, Recreation and Community Services, Youth and Young Adult Engagement Division (Account 100.30.3215.62490 with a budget of $280,165). Costs amount to approximately $3,300 per participant. For Action 5 of 620 City Council Agenda July 25, 2016 Page 6 of 11 (A5) Resolution 57-R-16, Authorizing the City Manager to Submit a Grant Application for the Chi-Cal Rivers Fund Administered by the National Fish and Wildlife Foundation Staff recommends that City Council adopt 57-R-16, authorizing the City Manager to submit a grant application and negotiate and execute a grant agreement for the Chi-Cal Rivers Fund administered by the National Fish and Wildlife Foundation (NFWF). The grant is a one-time award of roughly $100,000 with a required 1:1 match provided by the City of Evanston Environment Services Bureau to be utilized for projects over two years (2017 and 2018). Grant recipients are announced in December of 2016 with proposed projects beginning in early 2017. The Environmental Services Bureau will provide a $100,000 match through maintenance labor and materials over the two year life cycle of the grant. No increase to the operating budget is anticipated for Evanston to provide its match. For Action (A6) Resolution 49-R-16, Authorizing the City Manager to Sign an Amended Agreement with IDOT to Fund Intersection Improvements for Emerson/Ridge/Green Bay Construction Project Staff recommends that City Council adopt Resolution 49-R-16, authorizing the City Manager to negotiate and execute the Illinois Department of Transportation Amended Local Public Agency Agreement for Federal Participation required for the Emerson/Ridge/Green Bay Project. Execution of the Agreement will obligate Evanston to pay the Illinois Department of Transportation (IDOT) the local share cost of this project totaling $5,366,502.00 at the completion of the project. The project will be funded from a variety of sources, which are detailed in the corresponding memorandum. For Action (A7) Resolution 48-R-16, Authorizing the City Manager to Enter into a Seven Year Parking Lease Agreement with 1571 Maple Avenue, LLC at the City Garage Located at 1800 Maple Staff recommends that City Council adopt Resolution 48-R-16, authorizing the City Manager to enter into a seven (7) year parking lease with 1571 Maple Avenue, LLC (225 W. Hubbard Street, 4th Floor, Chicago, IL 60654) for 101 parking spaces in the 1800 Maple Avenue parking garage. The revenue will be placed in the Parking Fund (Account 505.19.7025.53510). For Action 6 of 620 City Council Agenda July 25, 2016 Page 7 of 11 (A8) Ordinance 62-O-16, Authorizing the City Manager to Execute a Five Year Lease Agreement for Property Located at 860 Chicago Avenue for City Newsstand Staff recommends that City Council adopt Ordinance 62-O-16, authorizing the City Manager to execute a five (5) year lease agreement for property located at 860 Chicago Avenue for City Newsstand. The lease commences on January 1, 2016 and expires on December 31, 2021. For Introduction (A9) Ordinance 85-O-16, Authorizing the City Manager to Execute a Five Year Property Lease with Enterprise Leasing of Chicago, LLC at 1810 Maple Avenue Staff recommends that City Council adopt Ordinance 85-O-16, authorizing the City Manager to enter a five (5) year property lease with an option to extend another five (5) years at 1810 Maple Avenue with Enterprise Leasing of Chicago, LLC (Enterprise). On September 11, 2006, the City entered into a ten (10) year property lease with Enterprise for its vehicle rental and leasing office with the option to renew for five (5) years or through 2021. The parties seek to execute a new lease agreement that can be renewed through 2025. Revenue will be placed in the following: 2016 Revenue Account Property (Account 505.19.7037.56712) and 2016 Revenue Account Parking (Account 505.19.7037.53510). For Introduction (A10) Ordinance 33-O-16, Amending Title 4 of the Evanston City Code Codifying a Building Energy and Water Use Benchmarking Ordinance Utilities Commission and City staff recommends that City Council adopt Ordinance 33-O-16, amending Title 4 of the City Code creating a Building Energy and Water Use Benchmarking requirement. Ordinance 33-O-16 has three major components: tracking, verifying, and publically disclosing building energy and water use. For Introduction (A11) Ordinance 66-O-16, Revising Title 3, Chapter 17 regarding Taxicabs and Motor Vehicles for Hire City staff recommends City Council adopt Ordinance 66-O-16, revising Title 3 of the Evanston City Code regarding taxis and other motor vehicles for hire. For Introduction 7 of 620 City Council Agenda July 25, 2016 Page 8 of 11 (A12) Ordinance 87-O-16, Increasing the Number of Class D Liquor Licenses for The Barn Investment, LLC d/b/a The Barn Local Liquor Commissioner recommends City Council adoption of Ordinance 87- O-16, which amends Evanston City Code Subsection 3-4-6-(D) to increase the number of authorized Class D liquor licenses from fifty-six (56) to fifty-seven (57) and permit issuance of a Class D license to The Barn Investment, LLC d/b/a The Barn located at 1016 Church Street. For Action (A13) Ordinance 88-O-16, Amending Subsection 3-4-6(P-3) of the City Code to Allow for Sale of Beer Between the Hours of 8:00 a.m. to 2:00 a.m. On Any Given Day Local Liquor Commissioner recommends City Council adoption of Ordinance 88- O-16, which amends Evanston City Code Subsection 3-4-6-(O) to allow for the sale of beer between the hours of 8:00 a.m. to 2:00 a.m. on any given day. Dil Foods, Inc. d/b/a Shell Gas Station at 2494 Oakton Street made the initial request to extend the hours for the sale of beer. For Action (A14) Ordinance 89-O-16, Increasing the Number of Class D Liquor Licenses for E-Country, LLC d/b/a Union Squared Evanston Local Liquor Commissioner recommends City Council adoption of Ordinance 89- O-16, which amends Evanston City Code Subsection 3-4-6-(D) to increase the number of authorized Class D liquor licenses from fifty-seven (57) to fifty-eight (58) and permit issuance of a Class D license to E-Country, LLC d/b/a Union Squared Evanston located at 1307 Chicago Avenue. For Action (A15) Ordinance 90-O-16, Decreasing the Number of Class D Liquor Licenses for Davis Street, LLC d/b/a Davis Street Fishmarket Staff recommends City Council adoption of Ordinance 90-O-16, which amends Evanston City Code Subsection 3-4-6-(D) to decrease the number of authorized Class D liquor licenses from fifty-eight (58) to fifty-seven (57). Davis Street, LLC d/b/a Davis Street Fishmarket located at 501 Davis Street is permanently closed and is therefore not renewing its liquor license. For Action (A16) Ordinance 92-O-16, Decreasing the Number of Class C-1 Liquor Licenses for Four Corners, LLC, d/b/a Prairie Moon Staff recommends City Council adoption of Ordinance 92-O-16, which amends Evanston City Code Subsection 3-4-6-(C-1) to decrease the number of authorized Class C-1 liquor licenses from five (5) to four (4). Four Corners, LLC, d/b/a Prairie Moon (1502 Sherman Ave.) representative Robert Strom requested a downgrade of its liquor license from Class C-1 to Class C. For Action 8 of 620 City Council Agenda July 25, 2016 Page 9 of 11 (A17) Ordinance 93-O-16, Increasing the Number of Class C Liquor Licenses for Four Corners, LLC d/b/a Prairie Moon Staff recommends City Council adoption of Ordinance 93-O-16, which amends Evanston City Code Subsection 3-4-6-(C) to increase the number of authorized Class C liquor licenses from twenty-three (23) to twenty-four (24), and permit issuance of a Class C license to Four Corners, LLC, d/b/a Prairie Moon located at 1502 Sherman Avenue. For Action PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 42-O-16, Granting Major Zoning Relief for Setbacks for Outdoor Storage Units & Reduction in Open Parking at 2020 Greenwood Street The Zoning Board of Appeals and City staff recommend adoption of Ordinance 42-O-16 granting major zoning relief for a 2’ east interior side yard setback for self-storage units where 8’ is required, a 2’ south interior side yard setback for self-storage units where 8’ is required, and a decrease of on-site parking by 22 spaces where an increase of 3 parking spaces is required for a total of 10 parking spaces on site, where 82 parking spaces are required and 32 parking spaces currently exist. The applicant has complied with all other zoning requirements, and meets the standards for variations. For Introduction (P2) Ordinance 95-O-16, Granting a Special Use for a Craft Brewery, North Shore Cider Company, at 707 Howard Street The Zoning Board of Appeals and City staff recommend adoption of Ordinance 95-O-16 granting special use approval for a Craft Brewery, North Shore Cider Company, at 707 Howard Street in the B3 Business District. The applicant has complied with all zoning requirements and meets all of the standards for a special use for this district. Suspension of the Rules is requested for Introduction and Action by City Council on July 25, 2016. For Introduction and Action (P3) Ordinance 96-O-16, Granting a Special Use for a Public Utility and Major Zoning Relief for Landscaping & Fencing at 1919 Church Street The Zoning Board of Appeals and City staff recommend adoption of Ordinance 96-O-16 granting special use approval for a Public Utility for the replacement of existing ComEd equipment with “DC-in-a-box” utility equipment, and major zoning relief to screen utility equipment and open parking with landscaping where landscaping and a solid fence is required, with a continuous hedge of plantings spaces 48” on center where plantings are required to be spaced 36” on center, at 1919 Church Street. The applicant has complied with all other zoning requirements, and meets all of the standards for special use and major variation. Suspension of the Rules is requested for Introduction and Action by City Council on July 25, 2016. For Introduction and Action 9 of 620 City Council Agenda July 25, 2016 Page 10 of 11 (P4) Ordinance 49-O-16, Modifying Notice Requirement Provisions for Planning and Zoning Cases The Plan Commission and staff recommend adoption of 49-O-16, approving the Zoning Ordinance Text Amendment to establish an applicant’s responsibility for mailed noticing requirements for planning and zoning cases. The proposal allows the City to contract the mailing of notices for planning and zoning cases to a third party service and makes the applicant responsible for the cost of the mailing service. For Action (P5) Ordinance 47-O-16, Planned Development, 1815 Ridge/Oak Avenue Plan Commission and staff recommend adoption of Ordinance 47-O-16 for approval of the Planned Development with rezoning from C2 Commercial to D4- Downtown Transition and a Special Use for Independent and Assisted Living units. The 10-story 163-unit residential building would consist of 102 independent and assisted living dwelling units, 31 Assisted Living units for residents with cognitive impairment, 30 memory care units and contain 67 parking spaces on site. The development includes one site development allowance for 102 dwelling units where a maximum 84 are allowed in the D4 zoning district. For Action RULES COMMITTEE (O1) Ordinance 77-O-16, Amending the City Code to Establish the Housing, Homelessness and Human Relations Commission The Rules Committee and staff recommend City Council adopt Ordinance 77-O- 16, which amends the City Code to merge the Housing and Homelessness Commission, Human Relations Commission and ADA Advisory Committee into the Housing, Homelessness and Human Relations Commission. For Action (O2) Ordinance 81-O-16, Amending the City Code to Merge the Parks and Recreation Board and Citizen’s Advisory Committee on Public Place Names The Rules Committee and staff recommend City Council adopt Ordinance 81-O- 16 Amending Title 7, Chapter 9 of the Evanston City Code, as amended, which merges the functions of the Parks and Recreation Board and Citizen’s Advisory Committee on Public Place Names into a newly established Parks, Recreation and Community Service Board. For Action 10 of 620 City Council Agenda July 25, 2016 Page 11 of 11 MEETINGS SCHEDULED THROUGH AUGUST 2016 Upcoming Aldermanic Committee Meetings Wed, July 27 6:00 PM Transportation/Parking Committee Mon, August 1 6:00 PM Human Services Committee Mon, August 15 6:00 PM A&PW, P&D, City Council meetings Tues, August 16 7:00 PM Housing & Community Development Act Committee Wed, August 17 6:30 PM M/W/EBE Advisory Committee Wed, August 24 6:00 PM Transportation/Parking Committee Wed, August 24 7:00 PM Economic Development Committee Information is available about Evanston City Council meetings at: www.cityofevanston.org/citycouncil. Questions can be directed to the City Manager’s Office at 847-866-2936. The City is committed to ensuring accessibility for all citizens. If an accommodation is needed to participate in this meeting, please contact the City Manager’s Office 48 hours in advance so that arrangements can be made for the accommodation if possible. 11 of 620 For City Council Meeting of July 25, 2016 Item SP1 Summary of Recent 9th Circuit Court Case Regarding Concealed Carry For Discussion To: Honorable Mayor and Members of the City Council From: W. Grant Farrar, Corporation Counsel Subject: Recent 9th Circuit Court of Appeal Decision Regarding 2nd Amendment and Concealed Carry Date: July 11, 2016 Background: Ald. Wilson made a staff reference to the Law Department at the June 13, 2016 City Council meeting asking for a summary regarding the recent 9th Circuit Court of Appeals decision in Peruta v. County of San Diego, 10-56971, decided June 9, 2016. Summary: Under California law, local county sheriffs are authorized to develop policies regarding issuing concealed carry licenses to handgun owners who want to carry their handguns in public. The sheriff is authorized to establish a “good cause” requirement for applicants to meet before a license is issued to them. 2 California residents sued San Diego County when their concealed carry applications were rejected. The 9th Circuit Court of Appeals, which is a federal appeals court with jurisdiction in the West Coast, held that there is no specific 2nd Amendment right to carry concealed handguns in public, but that it was up to the US Supreme Court to answer this question. In 2013, the Illinois General Assembly enacted the Firearm Concealed Carry Act (“FCCA”), 430 ILCS 65/ et. seq., which preempted the City’s Home Rule authority to regulate or license concealed carry. Possession and carrying of concealed firearms or handguns is permitted by persons who comply with the FCCA and possess a valid FOID card. In passing ordinances to conform to existing state law, the City Council noted its disagreement with the language and effect of the home rule preemptions in FCCA. Under FCCA, the Illinois Department of State Police (“ISP”) is tasked with the sole authority to administer the policies of the concealed carry statute, and issue licenses to applicants it determines to be qualified. The application requirements in Illinois differ from those at issue in California in 2 key respects: Memorandum 12 of 620 • A state agency, the ISP, administers the concealed carry license program, not a locally based county sheriff, and • The Illinois concealed carry application requirements are less onerous than those in California, specifically, an Illinois applicant does not need to satisfy a “good cause” standard for license issuance. Conclusion: The Peruta opinion is not controlling legal precedent in Illinois, and its holding conflicts with Illinois state law and the 7th Circuit court opinion in Moore v. Madigan, 702 F.3d 933 (7th Cir. 2012). However, the Peruta opinion points out the need for the US Supreme Court to weigh in on this matter and specifically answer whether there is 2nd Amendment right to concealed carry in public or not. The Law Department will maintain its ongoing monitoring of this issue and apprise the City Council of future developments. 13 of 620 For City Council meeting of July 25, 2016 Item SP2 Lawn Sprinkling Ordinance Update For Discussion To: Honorable Mayor and Members of the City Council From: David D. Stoneback, Public Works Agency Director Subject: Restrictions on Lawn Sprinkling Date: July 19, 2016 Recommended Action: Mayor Tisdahl has requested an update of the Ordinance requiring restrictions on lawn sprinkling and other water uses. Background Information: A 1980 U.S. Supreme Court Decree limits the amount of water that Illinois can divert from Lake Michigan. That same decree also contains language directing Illinois to implement a water conservation program. The Level of Lake Michigan Act incorporates the Decree language which states that: “all feasible means reasonably available to the State and its municipalities, political subdivisions, agencies and instrumentalities shall be employed to conserve and manage the water resources of the region and the use of water therein in accordance with the best modern scientific knowledge and engineering practice.” Amendments to the Lake Michigan Water Allocation Rules and Regulations became final and effective on November 18, 2014. The rule that governs lawn sprinkling is found in Illinois Administrative Code Section 3730.307 – Conservation Practices and Other Permit Conditions. Paragraph 8 of this section states: “The adoption of ordinances that restrict non-essential outside water uses to prevent excessive, wasteful use. These shall provide that unrestricted lawn sprinkling will not be allowed from May 15 through September 15 of each year by requiring, as a minimum, that lawn sprinkling shall not occur on consecutive days nor shall any lawn sprinkling occur during at least a 6 hour period in the middle of the day when evapotranspiration is at its highest.” Memorandum 14 of 620 The City Council adopted Ordinance 23-O-16 on March 28, 2016 that revised the City’s code to meet these amended requirements. A copy of the Ordinance is attached for reference. Analysis: All 217 entities that are provided a Lake Michigan Water Allocation from the Illinois Department of Natural Recourses (IDNR) are required to meet the amended lawn sprinkling requirements. The IDNR has indicated that the following communities near Evanston have submitted certified copies of ordinances that comply with the new requirements: o Harwood Heights o Glencoe o Winnetka o Northbrook o Golf o Wilmette o Park Ridge o Kenilworth o Lincolnwood Staff has also confirmed that the Village of Skokie has adopted an ordinance that reads: “Lawn sprinkling or irrigation, including but not limited to the use of automatic or oscillating sprinklers, is prohibited from the hours of 10:00 a.m. until 4:00 p.m. Property owners with odd-numbered street addresses shall restrict the use [of] sprinklers to odd-numbered days of the month. Property owners with even- numbered street addresses shall restrict the use [of] sprinklers to even- numbered days of the month.” The Illinois Administrative Code also states that “Failure by any permittee to meet the conservation requirements applicable to it within a reasonable period of time will, upon notice, hearing and determination of the failure, constitutes a violation of a Department order.” In theory, the IDNR could remove Evanston’s Lake Michigan water allocation if the Evanston ordinance did not meet the IDNR requirements. The amended rules also modified the annual audit reporting requirements by municipalities. Prior to the amendment, municipalities reported on unaccountable water loss which included a maximum unavoidable leakage exemption based on the age and quantity of pipes in the distribution system. Municipalities had to have less than 8% unaccounted for water loss to stay in compliance and Evanston consistently met this requirement. The amended rule now requires the annual audit to be based on a non- revenue water standard that does not take into account the maximum unavoidable leakage exemption and requires the non-revenue water loss to be less than 12% in 2015 and decreasing to 10% by 2019. For 2015, Evanston’s non-revenue water loss was 19.1%. Since Evanston exceeded the allowable non-revenue water percentage, a 15 of 620 water system improvement plan was prepared and submitted to the IDNR. This plan outlines the actions Evanston plans to undertake along with a timeframe to reduce the non-revenue water loss to less than the threshold required. Since Evanston is not compliance with the current non-revenue water loss requirements, staff recommends that the lawn sprinkling ordinance meet the IDNR requirements. Attachments: Ordinance 23-O-16, Restrictions on Lawn Sprinkling and Other Water Use City of Evanston Water System Improvement Plan 16 of 620 17 of 620 18 of 620 19 of 620 20 of 620 21 of 620 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, July 11, 2016 Roll Call: Alderman Rainey Alderman Wilson Alderman Miller Alderman Tendam Alderman Fiske Alderman Revelle Alderman Braithwaite Absent: Aldermen Wynne & Holmes Mayor Tisdahl called the Regular Meeting of the City Council to order at 8:03 PM. Mayor Public Announcements and Proclamations National Parks and Recreation Month – July 2016 City Manager Public Announcements The City Manager introduced the new IMA Fellow to the Council. Communications: City Clerk The City Clerk had no communications. Public Comment The following persons spoke on Library Parking: Chava Wu Greg Weiss Louise Knight Junad Rizki These persons spoke on Alley Paving: Laurie McFarlane Laurence Byrne Robert Meleitiorris Robert Freland Bob Crews These persons spoke on the Bee Code: Nancy Schwartz 22 of 620 City Council Agenda July 11, 2016 Page 2 of 11 Michael Schwartz Madelyne DuCre spoke on many items of concern on the Consent Agenda and off SPECIAL ORDERS OF BUSINESS (SP1) Ordinance 63-O-16, Setting Compensation for Members of the Evanston City Council Following the Report and Recommendations of the Compensation Committee The Compensation Committee recommends the City Council adopt ordinance 63-O-16 setting compensation for the Evanston City Council for the time period May 1, 2017 through April 30, 2021. The Ordinance reflects the recommendation of the Compensation Committee which specified a salary increase to $15,990 annually for the Aldermen. There would be no other increases during the four year period. For Action Alderman Rainey referred SP1 & SP2 to the Rules Committee for their August 1, 2016 meeting. (SP2) Ordinance 64-O-16, Setting Compensation for the City Clerk Following the Report and Recommendations of the Compensation Committee The Compensation Committee recommends the City Council adopt ordinance 64-O-16 setting compensation for the City Clerk for the time period May 1, 2017 through April 30, 2021. The Ordinance reflects that the salary increase for the City Clerk will be equal to the same increase that non-union city employees receive each year for the four year period. For Action Referred to Rules Committee by Alderman Rainey. (SP3) Ordinance 65-O-16, Setting Compensation for the Mayor Following the Report and Recommendations of the Compensation Committee The Compensation Committee recommends the City Council adopt ordinance 65-O-16 setting compensation for the Mayor for the time period May 1, 2017 through April 30, 2021. The Ordinance reflects the recommendations of the Compensation Committee which specified a salary increase to $25,317 annually for Mayor. There would be no other increases during the four year period. For Action Items not approved on Consent Agenda (A3.4) Funding for Alley Paving Adjacent to Ryan Field West Parking Lot Staff recommends City Council authorize funding for the City’s portion of the cost associated with the construction of a concrete alley adjacent to the Ryan Field West Parking Lot at an estimated cost of $411,000 for the City of Evanston portion. For Action 23 of 620 City Council Agenda July 11, 2016 Page 3 of 11 (A13) Ordinance 86-O-16, Negotiate the Sale of City-Owned Real Property Located at 1714-20 Chicago Avenue Staff recommends approval of Ordinance 86-O-16, “Authorizing the City Manager to Negotiate the Sale of City-Owned Real Property Located at 1714-20 Chicago Avenue, Evanston, Illinois.” The sale of City-owned real property is a two-step process; an ordinance must be adopted to authorize the City Manager to negotiate the sale of property followed by an ordinance at a later date that authorizes the City Manager to execute a sales contract that memorializes said negotiations. A two-thirds majority of City Council is required to adopt Ordinance 86-O-16. To allow for negotiations to commence in a timely manner, suspension of the rules is requested for introduction and adoption by City Council on July 11, 2016. For Introduction and Action CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting June 27, 2016. For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through June 26, 2016 $3,053,666.61 (A2) FY2016 City of Evanston Bills – June 28, 2016 $3,084,848.78 For Action (A3.1) Change Order No. 1 with Alltown Bus Services, Inc. for 2016 Summer Bus Transportation Agreement Staff recommends City Council authorize the City Manager to execute Change Order No. 1 to an agreement for 2016 Summer Bus Transportation with Alltown Bus Service, Inc. (7300 Saint Louis Ave, Skokie, IL 60076) in the not-to-exceed amount of $23,575.00, increasing the contract amount from $50,838.00 to $74,413.00. The additional budget amount for this program will be from the following Business Units: $20,475.00 from Youth and Young Adult Division (Account 100.30.3215.62490); $1700.00 from Robert Crown Center (Account 100.30.3095.62507); and $1400.00 from Fleetwood-Jourdain (Account 100.30.3040.62507). A journal entry in the amount of $15,000.00 in funds provided by the Mental Health Board will be processed to cover most of the charges to the Youth and Young Adult line item. For Action (A3.2) Agreement with Reliable & Associates Construction Company for Main Library Underground Parking Garage Upgrade Phase 1 2016 24 of 620 City Council Agenda July 11, 2016 Page 4 of 11 Staff recommends City Council authorize the City Manager to execute a contract for construction services related to the Main Library Underground Garage Upgrade Phase 1 2016 (Bid 16-40) with Reliable & Associates Construction Company (4106 S. Emerald Avenue, Chicago, IL 60609), in the amount of $165,680. Phase 1 will remedy the deterioration of the floors and the garage drainage system. Funding is from the Parking Services Fund (Account 505.19.7005.65515). This project is budgeted at $234,000 in FY 2016. For Action (A3.3) Agreement with Cushman & Wakefield for Maintenance Services at Sherman Plaza Staff recommends that City Council authorize the City Manager to continue the agreement established in August 2006 for maintenance services at Sherman Plaza at a not-to-exceed amount of $115,000 with Cushman & Wakefield, agent for Highland Property Management, LLC (9500 W. Bryn Mawr Avenue, 8th Floor, Rosemont, IL 60018). The agreement covers the period of August 23, 2016 through August 22, 2017. Funding will be provided from the Parking Fund (Account 505.19.7036.62660), with a budget of $95,000. For Action (A3.5) Approval of Preferred Design for Fountain Square Renovations Staff recommends City Council authorize the City Manager to approve the preferred plan for the Fountain Square Renovation Project (RFP 16-68) and proceed with the development of contract documents for bidding. Funding will be provided from the Washington National TIF and expenses will be tracked in the Capital Improvements Fund (Account 415.40.4126.62145 – 589105). This project was budgeted for design and initial construction at $2,000,000 in FY 2016. Additional funding of approximately $3 million will need to be budgeted in FY 2017 and may be budgeted in other funds (Capital Projects, Water, Sewer, Parking and Economic Development) depending on the total future allocation of Washington National TIF expenses. For Action (A3.6) Amendment #1 for Phase 2 Engineering Services for Fountain Square Renovations Staff recommends City Council authorize the City Manager to execute Amendment No. 1 to the existing engineering services contract for the Fountain Square Renovation Project (RFP No. 15-68) with Christopher B. Burke Engineering, Ltd (9575 W. Higgins Road, Suite 600, Rosemont, IL 60018). The amendment will provide the Phase 2 design engineering services, modify the existing agreement from $183,321.50 to $401,897.88 and extend the existing contract deadline from December 31, 2016 to June 30, 2017. Funding will be provided from the Washington National TIF and expenses will be tracked in the Capital Improvements Fund, Account 415.40.4126.62145 – 589105). This project was budgeted for design and initial construction at $2,000,000 in FY 2016. For Action 25 of 620 City Council Agenda July 11, 2016 Page 5 of 11 (A3.7) Agreement with Kenny Construction Company for Large Diameter Sewer Rehabilitation on Davis Street Staff recommends that City Council authorize the City Manager to execute a contract for the Large Diameter Sewer Rehabilitation – Davis Street (Bid No. 16- 48) with Kenny Construction Company (2215 Sanders Road, Suite 400, Northbrook, IL) in the amount of $141,600.00. Funding is from Sewer Fund (Account 515.40.4535.62461-547615), which has a remaining FY 2016 budget of $472,974. For Action (A3.8) Agreement with Thieneman Construction, Inc. for Water Plant Reliability Improvements Staff recommends City Council authorize the City Manager to execute a contract for the Water Treatment Plant Reliability Improvements (Bid No. 16-17) with Thieneman Construction, Inc. (17219 Foundation Parkway, Westfield, IN) in the amount of $1,247,000.00, contingent upon receiving the appropriate loan funding from the Illinois Environmental Protection Agency (IEPA). It is anticipated that the IEPA will provide loan funding from the State Revolving Fund in an amount up to $1,727,860.00 for engineering and construction of this project. This amount includes a contingency of up to 3% above the bid price of the project. With this funding, all eligible engineering and construction costs would be funded by a loan repaid over 20 years at 1.86% interest. IEPA loan funding for this work will be routed through the Water Fund, Capital Improvement (Account 513.71.7330.65515 – 733094), which has an FY 2016 budget allocation of $2,500,000 for this project. Bid pricing was more favorable than expected, and the low bid is significantly less than the budget allocation. For Action (A4) Resolution 51-R-16, Five Month Lease with Adriana Poterash for Space at Noyes Cultural Arts Center Staff recommends City Council adoption of Resolution 51-R-16 authorizing the City Manager to enter into an agreement for five-month lease term for Adriana Poterash to lease space at the Noyes Cultural Arts Center. For Action (A5) Resolution 53-R-16, Five Year Parking Lease with YMCA at 1016 Grove Street The Transportation/Parking Committee and staff recommend City Council approval of Resolution 53-R-16 authorizing the City Manager to enter a five (5) year lease allowing continued use of City Parking Lot 38 located at 1016 Grove Street. Lease would be with the Young Men’s Christian Association (YMCA) located 1000 Grove Street, Evanston, IL 60201. Based on revenues in FY 2015 of $50,000, the annual anticipated lease cost will be at least $25,000. Funding will be provided from the Parking System Fund (Account 505.19.7015.62375). For Action (A6) Ordinance 85-O-16, Five Year Property Lease with Enterprise Leasing of Chicago, LLC at 1810 Maple Avenue 26 of 620 City Council Agenda July 11, 2016 Page 6 of 11 City staff recommends City Council approval of Ordinance 85-O-16 authorizing the City Manager to enter a five (5) year property lease with an option to extend another five (5) years at 1810 Maple Avenue with Enterprise Leasing of Chicago, LLC (Enterprise). On September 11, 2006, the City entered into a ten (10) year property lease with Enterprise for its vehicle rental and leasing office with the option to renew for five (5) years or through 2021. The parties seek to execute a new lease agreement that can be renewed through 2025. Revenue will be placed in the following: 2016 Revenue Account Property (Account 505.19.7037.56712) and 2016 Revenue Account Parking (Account 505.19.7037.53510). For Introduction (A7) Ordinance 87-O-16, Increasing the Number of Class D Liquor Licenses for The Barn Investment, LLC d/b/a The Barn Local Liquor Commissioner recommends City Council adoption of Ordinance 87- O-16, which amends Evanston City Code Subsection 3-4-6-(D) to increase the number of authorized Class D liquor licenses from fifty-six (56) to fifty-seven (57) and permit issuance of a Class D license to The Barn Investment, LLC d/b/a The Barn located at 1016 Church Street. For Introduction (A8) Ordinance 88-O-16, Amending Subsection 3-4-6(P-3) of the City Code to Allow for Sale of Beer Between the Hours of 8:00 a.m. to 2:00 a.m. On Any Given Day Local Liquor Commissioner recommends City Council adoption of Ordinance 88- O-16, which amends Evanston City Code Subsection 3-4-6-(O) to allow for the sale of beer between the hours of 8:00 a.m. to 2:00 a.m. on any given day. Dil Foods, Inc. d/b/a Shell Gas Station at 2494 Oakton Street made the initial request to extend the hours for the sale of beer. For Introduction (A9) Ordinance 89-O-16, Increasing the Number of Class D Liquor Licenses for E-Country, LLC d/b/a Union Squared Evanston Local Liquor Commissioner recommends City Council adoption of Ordinance 89- O-16, which amends Evanston City Code Subsection 3-4-6-(D) to increase the number of authorized Class D liquor licenses from fifty-seven (57) to fifty-eight (58) and permit issuance of a Class D license to E-Country, LLC d/b/a Union Squared Evanston located at 1307 Church Street. For Introduction (A10) Ordinance 90-O-16, Decreasing the Number of Class D Liquor Licenses for Davis Street, LLC d/b/a Davis Street Fishmarket Staff recommends City Council adoption of Ordinance 90-O-16, which amends Evanston City Code Subsection 3-4-6-(D) to decrease the number of authorized Class D liquor licenses from fifty-eight (58) to fifty-seven (57). Davis Street, LLC d/b/a Davis Street Fishmarket located at 501 Davis Street is permanently closed and is therefore not renewing its liquor license. For Introduction 27 of 620 City Council Agenda July 11, 2016 Page 7 of 11 (A11) Ordinance 92-O-16, Decreasing the Number of Class C-1 Liquor Licenses for Four Corners, LLC, d/b/a Prairie Moon Staff recommends City Council adoption of Ordinance 92-O-16, which amends Evanston City Code Subsection 3-4-6-(C-1) to decrease the number of authorized Class C-1 liquor licenses from five (5) to four (4). Four Corners, LLC, d/b/a Prairie Moon (1502 Sherman Ave.) representative Robert Strom requested a downgrade of its liquor license from Class C-1 to Class C. For Introduction 6666666666666666666666666666666666666666666666666666666666666666666666 6666666666666666666666666666666666668(A12) Ordinance 93-O-16, Increasing the Number of Class C Liquor Licenses for Four Corners, LLC d/b/a Prairie Moon Staff recommends City Council adoption of Ordinance 93-O-16, which amends Evanston City Code Subsection 3-4-6-(C) to increase the number of authorized Class C liquor licenses from twenty-three (23) to twenty-four (24), and permit issuance of a Class C license to Four Corners, LLC, d/b/a Prairie Moon located at 1502 Sherman Avenue. For Introduction (A14) Ordinance 72-O-16, Approving Special Assessment 1518 for Alley Paving Staff recommends approval of Ordinance 72-O-16 allowing the paving of the alley north of Reba Place and east of Ridge Avenue through the Special Assessment Process. The total estimated construction cost is $304,972.20 and the share of the adjacent property owners comes to $122,720. Funding will be from the 2016 Capital Improvement Program (CIP) General Obligation Bonds (Account 415.40.4116.65515 – 416511), which has $500,000 budgeted in FY 2016, and from the Sewer Fund (Account 515.40.4535.62461 – 416510), which has $60,000 budgeted in FY 2016 for this project. For Action (A15) Ordinance 73-O-16, Approving Special Assessment 1519 for Alley Paving Staff recommends approval of Ordinance 73-O-16 allowing the paving of the alley north of Greenwood Street and east of Darrow Avenue through the Special Assessment Process. The total estimated construction cost is $285,035 and the share of the adjacent property owners comes to $57,973. Funding for this work will be from the 2016 Capital Improvement Program (CIP) General Obligation Bonds (Account 415.40.4115.65515-615511), which has an FY 2016 budget allocation of $500,000. For Action (A16) Ordinance 74-O-16, Approving Special Assessment 1520 for Alley Paving Staff recommends approval of Ordinance 74-O-16 allowing the paving of the alley north of Greenwood Street and east of Dodge Avenue through the Special Assessment Process. The total estimated cost for this project is $259,910.50. Of this, $186,640.50 is funded by the City (by 2016 CIP GO Bond and CDBG funds). The share allocated to the adjacent property owners comes to $73,270. 28 of 620 City Council Agenda July 11, 2016 Page 8 of 11 Funding for this work will be from the 2016 Capital Improvement Program (CIP) General Obligation Bonds (Account 415.40.4115.65515-615511), which has an FY 2016 budget allocation of $500,000, and from Community Development Block Grant (CDBG) funding (Account 415.40.4216.65515-416512), which has an FY 2016 budget allocation of $440,000. For Action (A17) Ordinance 76-O-16, Authorizing 2016 A and B General Obligation Bond Issues Staff recommends adoption of Ordinance 76-O-16 providing for the issuance of the FY 2016 A and B bond issues as follows: 2016 A General Obligation Bond Not-To-Exceed $14,000,000, and 2016 B General Obligation Refunding Bond Not-To-Exceed $ 8,155,000. The ordinance will be completed and signed after the bond sale date, which is tentatively scheduled for July 13, 2016. The proposed $13,760,000 2016 A debt issuance is comprised of $9,730,000 of unabated general obligation (G.O.) bonds, $3,930,000 of abated G.O. bonds, and estimated debt issuance costs totaling approximately $100,000; the detailed funding breakdown can be found on the staff memorandum. For Action PLANNING & DEVELOPMENT COMMITTEE (P1) Resolution 54-R-16, Approving a Plat of Subdivision for 1900-1904 Asbury Avenue City staff recommends approval of Resolution 54-R-16 to grant approval of the proposed subdivision of the property located at 1900-1904 Asbury Avenue from one lot into two lots. The proposed subdivision would include an ingress and egress easement over the south lot to allow access to the garage on the north lot from Emerson Street. For Action (P2) Ordinance 49-O-16, Modifying Notice Requirement Provisions for Planning and Zoning Cases The Plan Commission and staff recommend approval of the Zoning Ordinance Text Amendment to establish an applicant’s responsibility for mailed noticing requirements for planning and zoning cases. The proposal allows the City to contract the mailing of notices for planning and zoning cases to a third party service and makes the applicant responsible for the cost of the mailing service. For Introduction (P3) Ordinance 47-O-16, Planned Development, 1815 Ridge/Oak Avenue Staff recommends adoption of Ordinance 47-O-16 for approval of the Planned Development with rezoning from C2 Commercial to D4-Downtown Transition and a Special Use for Independent and Assisted Living units. The 10-story 163-unit residential building would consist of 102 independent and assisted living dwelling 29 of 620 City Council Agenda July 11, 2016 Page 9 of 11 units, 31 Assisted Living units for residents with cognitive impairment, 30 memory care units and contain 67 parking spaces on site. The development includes one site development allowance for 102 dwelling units where a maximum 84 are allowed in the D4 zoning district. For Introduction (P4) Ordinance 82-O-16 Granting Major Zoning Relief for No Additional Parking Spaces where 3 are Required for a Medical Office at 922 Noyes Street The Zoning Board of Appeals and City staff recommends approval of Ordinance 82-O-16 granting major zoning relief for no additional parking spaces where three additional parking spaces are required for a Medical Office, Evolution Spine & Sports Therapy, at 922 Noyes Street. The applicant has complied with all other zoning requirements, and meets the standards for variations. For Action (P5) Ordinance 83-O-16, granting a Special Use for a Resale Establishment, Goodwill Store & Donation Center, at 1916 Dempster Street The Zoning Board of Appeals and City staff recommend adoption of Ordinance 83-O-16 granting special use approval for a Resale Establishment, Goodwill Store & Donation Center, at 1916 Dempster Street in the C1 Commercial District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. Staff recommends including additional conditions to deter any donations being left/dropped off after the business is closed, such as additional signage and a performance condition that if such activity is encountered it could result in revocation of the special use approval. For Action (P6) Ordinance 84-O-16, Amending the Special Use for a Convenience Store at 555 Howard Street in the B3 District Staff recommends approval of proposed Ordinance 84-O-16. The proposed Ordinance amends an existing special use for the convenience store located at 555 Howard Street to allow it to remain open until 1:00 a.m. instead of 10:00 p.m. For Action HUMAN SERVICES COMMITTEE (H1) Ordinance 46-O-16 Amending Title 9, Chapter 4, Sections 19 and 20 of the City Code to Include a Requirement for Notice to Adjacent Property Owners to Obtain a Beekeeping License The Human Services Committee (“HSC”) and City staff recommend City Council adopt Ordinance 46-O-16 authorizing amendments to Title 9, Chapter 4, Sections 19 and 20 “Beekeeping,” to include a requirement for notice to adjacent property owners. The proposed recommendations in Ordinance 46-O-16 are based on the health and safety of all residents, and common best practice for urban beekeeping. In order to minimize negative health and safety impacts for 30 of 620 City Council Agenda July 11, 2016 Page 10 of 11 any residents from beekeeping practices, the ordinance requires the beekeeping license applicants to provide proof of notice to all persons or entities that are residential landowners, residential renters, business owners, and/or business occupants with properties that share property line(s) with the property for which the applicant seeks the license (collectively “adjacent property owners”). The amendments also include a procedure by which the HSC can review and rule upon any adjacent property owner’s objection to a license application. For Action RULES COMMITTEE (O1) Ordinance 77-O-16, Amending the City Code to Establish the Housing, Homelessness and Human Relations Commission The Rules Committee and staff recommend City Council adopt Ordinance 77-O- 16, which amends the City Code to merge the Housing and Homelessness Commission, Human Relations Commission and ADA Advisory Committee into the Housing, Homelessness and Human Relations Commission. For Introduction (O2) Ordinance 78-O-16, Amending the City Code to Merge the Environment Board and Ladd Arboretum The Rules Committee and staff recommend City Council adopt Ordinance 78-O- 16, which amends the City Code to merge the Ladd Arboretum Committee functions into the Environment Board. Staff requests continuance of Ordinance 78-O-16 for Introduction by City Council to August 15, 2016. For Introduction (O3) Ordinance 81-O-16, Amending the City Code to Merge the Parks and Recreation Board and Citizen’s Advisory Committee on Public Place Names The Rules Committee and staff recommend City Council adopt Ordinance 80-O- 16 Amending Title 7, Chapter 9 of the Evanston City Code, as amended, which merges the functions of the Parks and Recreation Board and Citizen’s Advisory Committee on Public Place Names into a newly established Parks, Recreation and Community Service Board. For Introduction APPOINTMENTS (APP1)For Appointment to: Arts Council Susan Davis Friedman For Action 31 of 620 City Council Agenda July 11, 2016 Page 11 of 11 (APP2)For Re-Appointment to: Parks and Recreation Board Daniel Stein For Action Alderman Rainey motioned for approval of the Consent Agenda and a second from Alderman Tendam. 7-0 and the motion passed. Call of the Wards Ward 8, Ald. Rainey announced the food truck concert event for Brummell Park will occur tomorrow night. Ward 9, Ald. Miller had no report. Ward 1, Ald. Fiske had no report, she later wanted to remove from the table Harley/Clarke issue at the August 15th meeting. Ward 2, Ald. Braithwaite had no report. Ward 4, Ald. Wilson had no report. Ward 6, Ald. Tendam announced his 6th ward meeting. This will occur on July 28, 2016, and he referred the bee keeping issue to staff to identify some common bee keeping areas. Ward 7, Ald. Revelle had no report. Alderman Wilson motioned to go into Executive Session to discuss Litigation and Minutes with a second Alderman Tendam. With a Voice Vote the motion passed and the meeting ended at 9:30 PM. Submitted, Hon. Rodney Greene, MMC City Clerk 32 of 620 ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, July 25, 2016 6:00 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston James C. Lytle Council Chambers AGENDA I. DECLARATION OF A QUORUM: ALDERMAN MILLER, CHAIR II. APPROVAL OF MINUTES OF REGULAR MEETING OF JUNE 27, 2016 III. ITEMS FOR CONSIDERATION ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through July 10, 2016 $3,177,783.49 (A2) FY2016 City of Evanston Bills – July 26, 2016 $1,390,847.77 For Action (A3.1) Equipment Purchase with Monroe Truck Equipment to Up-Fit Fleet Service Truck Staff recommends City Council approval for the purchase of equipment to up-fit a fleet service vehicle for the Department of Administrative Services (Bid 16-52) from Monroe Truck Equipment (1051W. 7th Street, Monroe, WI 53566) in the amount of $25,763. The equipment will be installed on fleet service vehicle #759 (2016 Ford F-450 6.7L Diesel) to support daily operations of the Fleet Services Division Services. There are no Evanston businesses that can provide the required equipment. Funding in the amount of $25,763 for the equipment purchase will be from the FY2016 Equipment Replacement Fund (Account 601.19.7780.65550), with a total budget of $1,455,422.00. For Action 33 of 620 (A3.2) One Year Renewal Agreement with Professional Account Management, LLC for Parking Ticket Management and Payment Processing Staff recommends that the City Council authorize the City Manager to exercise a one (1) year optional contract extension with Professional Account Management, LLC, a division of Duncan Solutions, Inc. (633 W. Wisconsin Avenue, Suite 1600, Milwaukee, WI). Professional Account Management administers the outsourced portion of the City’s parking ticket management and payment processing functions. The contract is on a per ticket basis; 2015 actual expenses were $319,809. The renewal price per ticket is $0.657 which is a 10% reduction from the original 2008 contract price of $0.73. There is no price increase or decrease from last year. The contract term was for three (3) years with one (1) optional renewal year effective August 1, 2013, making this the final year of the agreement. Funding is from Citation and Secondary Processing (Account 100.15.1560.62249), with a total budget of $320,000. For Action (A3.3) Three Year Agreement for Northwestern Football Parking on the Evanston Wilmette Golf Course during Home Football Games Staff recommends approval of the Evanston Wilmette Golf Course Association’s (EWGCA) request for a new three year agreement (2016, 2017 and 2018 seasons) to continue to park cars on holes 1, 2, 11 and 12 of the golf course during Northwestern University home football games. The only major change from the prior agreement is that Northwestern has requested a minimum of four hour pre-game parking as opposed to three hours. For Action (A3.4) Three Special Event Permit Requests from Rotary Club of Evanston, Citizens’ for Greener Evanston and McGaw YMCA Staff recommends approval of the special event permit applications received from Rotary of Club of Evanston (Rotary Peace Festival), Citizens’ for Greener Evanston (Meet our Community Resource Fair & Concert) and McGaw YMCA (MetaMedia Maker Fair). The Rotary and Citizens’ for a Greener Evanston events, normally approved by the Human Services Committee, are being forwarded for approval to the Administration and Public Works Committee in order to allow the event coordinator enough time to proceed with and promote their event. The costs for City services provided for events require a 100% reimbursement from the sponsoring organization or event coordinator. These fees are waived for City events and City co-sponsored Events. For Action (A3.5) Sidewalk Café for NaKorn Restaurant Staff recommends City Council approval of first-time application for a sidewalk café permit for NaKorn Restaurant, a Type 1 Restaurant located at 1622 Orrington Avenue. The sidewalk café will consist of ten tables with two seats for a seating capacity of twenty. The café will operate Monday – Saturday 11:00 a.m. – 9:00 p.m. and Sunday 11:00 a.m. – 8:00 p.m. For Action 34 of 620 (A3.6) Contract with A. Lamp Concrete Contractors, Inc. for 2016 Community Development Block Grant Street Resurfacing and SNAP Lighting Contract Staff recommends that City Council authorize the City Manager to execute a contract for the 2016 Community Development Block Grant (CDBG) Street Resurfacing and SNAP Lighting project (Bid No. 16-51) with A. Lamp Concrete Contractors, Inc. (1900 Wright Blvd, Schaumburg, IL) in the amount of $388,628.00. Funding will be provided from CDBG Funds (Account 415.40.4216.65515) in the amount of $205,000 and from the 2016 CIP GO Bond Fund (Account 415.40.4116.65515) in the amount of $5,419.50. For Action (A3.7) Agreement with Reliable & Associates Construction Co., Inc. for 2016 Church Street and Maple Avenue Garage Repair Project Staff recommends City Council authorize the City Manager to execute a contract for the 2016 Church Street and Maple Avenue Garage Repair Project (Bid No. 16-43) with Reliable & Associates Construction Co., Inc. (4106 S. Emerald Avenue, Chicago, Illinois) in the amount of $1,568,800. Funding will be provided from the Parking Fund and expenses will be tracked in the Capital Improvements Fund, (Accounts 515.19.7005.616014 - Church Street Garage and 515.19.7005.616015 - Maple Avenue Garage). This project was budgeted at $1,635,000 in FY 2016. An additional $52,160 will be required from the Parking Fund to award this contract. For Action (A3.8) Agreement with Morton Salt Company for Rock Salt Purchase Staff recommends City Council approval of a one-year contract for the purchase of up to 7,500 tons of rock salt from the Morton Salt Company (123 N. Wacker Drive, Chicago, IL) at a cost of $51.21 per ton for a winter season total of $384,075. Funding for this purchase will be from the General Fund Snow and Ice Control (Account 100.40.4550.65015). For Action (A3.9) Approval of the City’s Electricity Supply Agreement Staff recommends City Council approval of an Electricity Supply Agreement with the low, responsive and responsible proposer to RFP 16-44 to supply electrical energy to twenty-three (23) City-owned facilities beginning June, 2017. The low responsive and responsible proposer will be determined upon receipt of pricing on the morning of July 25, 2016, which will then be presented to Administration and Public Works Committee that night. The cost for electricity is billed to the various accounts that support the buildings/facilities that are purchasing electricity through this agreement. For Action 35 of 620 (A3.10)Change Order No. 2 for the Water Treatment Plant Roof and Masonry Improvements Agreement with Garland/DBS Staff recommends that City Council authorize the City Manager to execute Change Order No. 2 for the Water Treatment Plant Roof and Masonry Improvements agreement with Garland/DBS, Inc. (3800 East 91st Street, Cleveland, OH 44105) in the amount of $3,000.00. This will increase the total contract amount from the original contract price of $511,273 to $514,273. This Change Order will also include a time extension of 93 days, changing the contract completion date from July 28, 2016 to October 31, 2016. Funding for this project is from the Water Fund (Account 513.71.7330.65515-716004), which has an FY 2016 allocation of $550,000 for this project. For Action (A4) Resolution 56-R-16, Authorizing the City Manager to Execute the Professional Services Agreement with James B. Moran Center for “Certificate of Rehabilitation Program” Staff recommends that City Council adopt Resolution 56-R-16, authorizing the City manager to execute an agreement between the City of Evanston and the James B. Moran Center for Youth Advocacy (1123 Emerson, Suite 203 Evanston, IL 60201) to provide legal services for not less than nine Evanston residents to secure certificates of rehabilitation in an amount not to exceed $30,000. Funding for this agreement is budgeted in Parks, Recreation and Community Services, Youth and Young Adult Engagement Division (Account 100.30.3215.62490 with a budget of $280,165). Costs amount to approximately $3,300 per participant. For Action (A5) Resolution 57-R-16, Authorizing the City Manager to Submit a Grant Application for the Chi-Cal Rivers Fund Administered by the National Fish and Wildlife Foundation Staff recommends that City Council adopt 57-R-16, authorizing the City Manager to submit a grant application and negotiate and execute a grant agreement for the Chi-Cal Rivers Fund administered by the National Fish and Wildlife Foundation (NFWF). The grant is a one-time award of roughly $100,000 with a required 1:1 match provided by the City of Evanston Environment Services Bureau to be utilized for projects over two years (2017 and 2018). Grant recipients are announced in December of 2016 with proposed projects beginning in early 2017. The Environmental Services Bureau will provide a $100,000 match through maintenance labor and materials over the two year life cycle of the grant. No increase to the operating budget is anticipated for Evanston to provide its match. For Action 36 of 620 (A6) Resolution 49-R-16, Authorizing the City Manager to Sign an Amended Agreement with IDOT to Fund Intersection Improvements for Emerson/Ridge/Green Bay Construction Project Staff recommends that City Council adopt Resolution 49-R-16, authorizing the City Manager to negotiate and execute the Illinois Department of Transportation Amended Local Public Agency Agreement for Federal Participation required for the Emerson/Ridge/Green Bay Project. Execution of the Agreement will obligate Evanston to pay the Illinois Department of Transportation (IDOT) the local share cost of this project totaling $5,366,502.00 at the completion of the project. The project will be funded from a variety of sources, which are detailed in the corresponding memorandum. For Action (A7) Resolution 48-R-16, Authorizing the City Manager to Enter into a Seven Year Parking Lease Agreement with 1571 Maple Avenue, LLC at the City Garage Located at 1800 Maple Staff recommends that City Council adopt Resolution 48-R-16, authorizing the City Manager to enter into a seven (7) year parking lease with 1571 Maple Avenue, LLC (225 W. Hubbard Street, 4th Floor, Chicago, IL 60654) for 101 parking spaces in the 1800 Maple Avenue parking garage. The revenue will be placed in the Parking Fund (Account 505.19.7025.53510). For Action (A8) Ordinance 62-O-16, Authorizing the City Manager to Execute a Five Year Lease Agreement for Property Located at 860 Chicago Avenue for City Newsstand Staff recommends that City Council adopt Ordinance 62-O-16, authorizing the City Manager to execute a five (5) year lease agreement for property located at 860 Chicago Avenue for City Newsstand. The lease commences on January 1, 2016 and expires on December 31, 2021. For Introduction (A9) Ordinance 85-O-16, Authorizing the City Manager to Execute a Five Year Property Lease with Enterprise Leasing of Chicago, LLC at 1810 Maple Avenue Staff recommends that City Council adopt Ordinance 85-O-16, authorizing the City Manager to enter a five (5) year property lease with an option to extend another five (5) years at 1810 Maple Avenue with Enterprise Leasing of Chicago, LLC (Enterprise). On September 11, 2006, the City entered into a ten (10) year property lease with Enterprise for its vehicle rental and leasing office with the option to renew for five (5) years or through 2021. The parties seek to execute a new lease agreement that can be renewed through 2025. Revenue will be placed in the following: 2016 Revenue Account Property (Account 505.19.7037.56712) and 2016 Revenue Account Parking (Account 505.19.7037.53510). For Introduction 37 of 620 (A10) Ordinance 33-O-16, Amending Title 4 of the Evanston City Code Codifying a Building Energy and Water Use Benchmarking Ordinance Utilities Commission and City staff recommends that City Council adopt Ordinance 33-O-16, amending Title 4 of the City Code creating a Building Energy and Water Use Benchmarking requirement. Ordinance 33-O-16 has three major components: tracking, verifying, and publically disclosing building energy and water use. For Introduction (A11) Ordinance 66-O-16, Revising Title 3, Chapter 17 regarding Taxicabs and Motor Vehicles for Hire City staff recommends City Council adopt Ordinance 66-O-16, revising Title 3 of the Evanston City Code regarding taxis and other motor vehicles for hire. For Introduction IV. ITEMS FOR DISCUSSION (APW1)City of Evanston’s Use of Pesticides Staff will update Council on the use of certain pesticides on City property. For Action V. COMMUNICATIONS VI. ADJOURNMENT 38 of 620 Page 1; Rev. 7/7/2016 9:51:14 AM Administration and Public Works Committee Meeting Minutes of June 27, 2016 James C. Lytle Council Chambers – 6:00 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: B. Miller, P. Braithwaite A. Rainey MEMBERS ABSENT: M. Wynne, D. Holmes STAFF PRESENT: M. Lyons, W. Bobkiewicz, D. Stoneback, M. Masoncup, O. Murillo, T. Turner, R. Voss, L. Biggs, L. Hemingway, S. Flax, E. Thomas-Smith, K. Hawk, DC Pickett STAFF ABSENT: E. Storlie, M. Muenzer, G. Farrar, K. Knapp, S. Nagar, G. Gerdes, K. Richardson, R. Dahal, Chief Eddington, S. Levine, D. King, Chief Klaiber, J. Maiworm PRESIDING OFFICIAL: Ald. Miller I. DECLARATION OF A QUORUM: ALDERMAN MILLER, CHAIR A quorum being present, Ald. Miller called the meeting to order at 6:10 p.m. II. APPROVAL OF MINUTES OF REGULAR MEETING OF JUNE 13, 2016 Ald. Braithwaite moved to accept the Minutes of June 13, 2016 A&PW meeting as submitted, seconded by Ald. Rainey. The Minutes of the June 13, 2016 A&PW meeting were approved unanimously 3-0. III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through June 12, 2016 $2,834,848.03 (A2) FY 2016 City of Evanston Bills – June 28, 2016 AS AMENDED $2,873,719.74 For Action Ald. Rainey moved to recommend approval of the City of Evanston Payroll through June 12, 2016, FY 2016 bills as amended through June 28, 2016, seconded by Ald. Braithwaite. The Committee voted unanimously 3-0 to approve the payroll and bills. (A3.1) Police and Fire Replacement Vehicle Purchases for 2016 from Currie Motors Staff recommends City Council approval for the following vehicle replacement purchases for the Evanston Police and Fire Departments. This purchase consists of eighteen (18) replacement vehicles/equipment, which consists of seventeen (17) units for Police and (1) unit for Fire from Currie Motors (9423 W. Lincoln Highway, Frankfort, IL 60423) in the amount of $473,099. Currie Motors is the DRAFT - NOT APPROVED 39 of 620 Page 2; Rev. 7/7/2016 9:51:14 AM Northwest Municipal Conference Suburban Purchasing Cooperative Competitive Bid (SPC) winner. Funding for the vehicles/units will be from the Equipment Replacement Fund (Account 601.19.7780.65550) in the amount of $473,099 which has a budgeted amount of $1,455,422. For Action Ald. Braithwaite moved to recommend City Council approval of purchases for the Evanston Police and Fire Departments consisting of eighteen (18) replacement vehicles/equipment from Currie Motors in the amount of $473,099, seconded by Ald. Rainey. The Committee voted unanimously 3-0 to approve the purchases. (A3.2) Recycle Vehicle Single Source Purchase from R.N.O.W. Incorporated Staff recommends that the City Council approves the purchase of one (1) recycling vehicle from R.N.O.W. Incorporated (8636R W. National Avenue, West Allis, WI 53227) in the amount of $248,131 for 2016. R.N.O.W was the only responder to Bid 16-05 in 2016 for the replacement bid specification developed by both Fleet Services and Public Works Agency staff. Funding for the vehicle will be from the Equipment Replacement Fund (Account 601.26.7780.65550), which has a budgeted amount of $1,455,422.00 in FY 2016. The proposed expenditure for the 2016 replacement unit amounts to 17.2% of the 2016 budget amount. For Action Ald. Rainey moved to recommend that City Council approves the purchase of one (1) recycling vehicle from R.N.O.W. Incorporated in the amount of $248,131 for 2016, seconded by Ald. Braithwaite. The Committee voted unanimously 3-0 to approve the purchase. (A3.3) Change Order with SP Plus Municipal Services for 2011-2015 Management & Operations of Self Park Facilities Contract Staff recommends that City Council authorize the City Manager to execute Change Order No. 1 to the contract for the 2011-2015 Management & Operations of Self Park Facilities Contract (RFP#11-66) to SP Plus Municipal Services, formerly known as Central Parking Services (200 East Randolph Street, Suite 5475, Chicago, IL 60601). This Change Order provides a final reconciliation of overages in operational expenses incurred by the vendor as per the original contract dated May 2011. The cost of this change order is not to exceed $162,449.11. Funding for the project will be provided by the Parking Fund (Accounts 505.19.7025.62400, 505.19.7036.62400 and 505.19.7037.62400). The original estimated cost over the term of the agreement was $9,393,513.44. Payments to date total $9,393,513.44. Combining this change order with the original operational cost, results in a total cost of $9,555,962.55 or a 1.73% variance over the term. For Action Ald. Braithwaite moved to recommend that City Council authorize the City Manager to execute Change Order No. 1 to the contract for the 2011-2015 Management & Operations of Self Park Facilities Contract (RFP#11-66) to 40 of 620 Page 3; Rev. 7/7/2016 9:51:14 AM SP Plus Municipal Services, formerly known as Central Parking Services to provide a final reconciliation of overages in operational expenses incurred by the vendor as per the original contract dated May 2011, seconded by Ald. Rainey. The Committee voted unanimously 3-0 to approve the change order. (A3.4) Change Order 2 to Agreement with CDM Smith for SCADA Support Services Staff recommends that City Council authorize the City Manager to execute Change Order No. 2 for the Supervisory Control and Data Acquisition (SCADA) Support Services agreement with CDM Smith (125 S. Wacker Drive, Chicago, IL 60606) for a time extension of 182 days. This will extend the completion date from December 31, 2015, to June 30, 2016. There is no cost associated with this change order. Funding for this project is provided from the Water Fund (Account 510.40.4200.62245), which has an FY 2016 budget allocation of $60,000. For Action Ald. Rainey moved to recommend that City Council authorize the City Manager to execute Change Order No. 2 for the Supervisory Control and Data Acquisition (SCADA) Support Services agreement with CDM Smith for a time extension of 182 days, seconded by Ald. Braithwaite. The Committee voted unanimously 3-0 to approve the change order. (A3.5) Contract with Alpine Demolition Services, LLC for Ladd Arboretum Windmill Demolition Staff recommends City Council authorize the City Manager to execute a contract for the Ladd Arboretum Windmill Demolition (Bid No. 16-49) with Alpine Demolition Services, LLC (3515 Stern Avenue, St. Charles, IL 60174) in the amount of $22,250.00. Funding will be provided from the Capital Improvement Program (CIP) General Obligation Bonds (Account 415.40.4116.65515 – 616011) in the amount of $25,000. This project was budgeted at $25,000 in the FY 2016. For Action Ald. Braithwaite moved to recommend that the City Council authorize the City Manager to execute a contract for the Ladd Arboretum Windmill Demolition (Bid No. 16-49) with Alpine Demolition Services, LLC in the amount of $22,250.00, seconded by Ald. Rainey. The Committee voted unanimously 3-0 to approve the contract. (A3.6) Handyman Agreement with Sam Goss & Associates Staff recommends that City Council authorize the City Manager to execute a one (1) year agreement with two (2) one-year renewals with Sam Goss & Associates (1727 Brummel, Evanston, IL) to provide handyman services for the Handyman Program (RFP 16-46). This agreement has a term of July 1, 2016 – June 30, 2017 at a cost-not-to-exceed $50,000 (labor plus materials/supplies purchased to complete a task). 41 of 620 Page 4; Rev. 7/7/2016 9:51:14 AM For Action Ald. Rainey moved to recommend that City Council authorize the City Manager to execute a one (1) year agreement with two (2) one-year renewals with Sam Goss & Associates to provide handyman services for the Handyman Program (RFP 16-46) for the term of July 1, 2016 – June 30, 2017 at a cost-not-to-exceed $50,000, seconded by Ald. Braithwaite. The Committee voted unanimously 3-0 to approve the agreement. (A3.7) Authorization to Renew Line of Credit of $2.2 Million Staff recommends that City Council authorize the City Manager to renew the agreement with First Bank and Trust to have access to a Line of Credit up to an amount of $2.2 million for use in the Howard Ridge and West Evanston TIF. For Action: Accept and Place on File Ald. Braithwaite moved to recommend City Council authorize the City Manager to renew the agreement with First Bank and Trust to have access to a Line of Credit up to an amount of $2.2 million for use in the Howard Ridge and West Evanston TIF, seconded by Ald. Rainey. The Committee voted unanimously 3-0 to renew the agreement. (A3.8) Opening of Harley Clarke Mansion for One-Day Allowing Interested Parties to Tour the Facility Alderman Eleanor Revelle has requested the City Council consider allowing the City of Evanston to open its facilities at 2603 Sheridan Road (Harley Clarke Mansion) for one day to allow interested parties to tour the facilities. For Action Ald. Rainey moved to recommend that City Council consider allowing the City of Evanston to open its facilities at 2603 Sheridan Road (Harley Clarke Mansion) for one day to allow interested parties to tour the facilities, Evanston, Illinois, 60201, seconded by Ald. Braithwaite. Alderman Revelle explained there have been a number of requests from groups interested in proposing an adaptive reuse of the building and grounds. They would like to tour the facility with their architects and design consultants to get better sense of what it would cost to refurbish the building. This will be a one-time only opportunity. She asked staff to suggest a date and added that the tour will be by advanced registration only. The Committee voted unanimously 3-0 to approve the tour. (A4) Resolution 50-R-16, Easement Agreement with the Metropolitan Water Reclamation District of Greater Chicago for Four Existing Storm Sewers Staff recommends City Council approval of Resolution 50-R-16 authorizing the City Manager to execute an easement agreement with the Metropolitan Water Reclamation District of Greater Chicago. This easement allows the City to maintain and repair seven existing storm sewers at four locations. The new 25- year easement agreement would terminate on May 20, 2042. 42 of 620 Page 5; Rev. 7/7/2016 9:51:14 AM For Action Ald. Braithwaite moved to recommend City Council approval of Resolution 50-R-16 authorizing the City Manager to execute an easement agreement with the Metropolitan Water Reclamation District of Greater Chicago, seconded by Ald. Rainey. The Committee voted unanimously 3-0 to adopt the resolution. IV. ITEMS FOR DISCUSSION On behalf of the Council, Ald. Rainey thanked ICMA Fellow Oscar Murillo for all of his hard work this past year. V. COMMUNICATIONS VI. ADJOURNMENT Ald. Braithwaite moved to adjourn, seconded by Ald. Rainey. The meeting was adjourned at 6:20 pm. 43 of 620 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Tera Davis, Accounts Payable Coordinator Subject: City of Evanston Payroll and Bills Date: July 19, 2016 Recommended Action: Staff recommends approval of the City of Evanston Payroll and Bills List. Continuing in 2016, the bills list will not include the Evanston Public Library. The Library bills will be included for informational purposes in the Treasurer’s Monthly Report. Summary: Payroll – June 27, 2016 through July 10, 2016 $3,177,783.49 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – July 26, 2016 $1,390,847.77 General Fund Amount – Bills list $ 326,433.14 General Fund Amount – Supplemental list $ 3,339.00 General Fund Total: $ 329,772.14 TOTAL AMOUNT OF BILLS LIST & PAYROLL $4,568,631.26 *Advanced checks are issued prior to submission of the Bills List to the City Council for emergency purposes, to avoid penalty, or to take advantage of early payment discounts. Attachments: Bills List For City Council meeting of July 25, 2016 Item A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 44 of 620 CITY OF EVANSTON BILLS LIST PERIOD ENDING 07.26.2016 100 GENERAL FUND 100 GENERAL SUPPORT 13040 MSF GRAPHICS, INC.#10 WHITE COE ENVELOPES 2,249.90 21620 AMANDA L. AULT *REIMBURSEMENT: IMRF 25.25 22725 VERIZON WIRELESS COMMUNICATION CHARGES 11,999.28 41335 ILLINOIS DEPT OF REVENUE *SALES TAX -JUNE 2016 1.00 41420 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS CASE #16-7298 1,657.00 41420 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS CASE #16-8441 6,361.93 100 GENERAL SUPPORT Total 22,294.36 1300 CITY COUNCIL 62295 NORTHWEST MUNICIPAL CONFERENCE 2016 NWMC ANNUAL GALA 225.00 1300 CITY COUNCIL Total 225.00 1400 CITY CLERK 62457 MUNICODE ORDINANCE SUPPLEMENT 10 2,865.35 62457 MUNICODE ORDINANCE SUPPLEMENT 11 1,170.00 1400 CITY CLERK Total 4,035.35 1505 CITY MANAGER 62295 ENITH SANCHEZ REIMBURSEMENT FOR MOVING EXPENSES 750.00 62295 WALTER BOBKIEWICZ REIMBURSEMENT: BIG TEN CONFERENCE 326.20 62295 WALTER BOBKIEWICZ REIMBURSEMENT: ICMA CONFERENCE 255.20 62360 ROTARY CLUB OF EVANSTON ANNUAL 2016-17 CLUB DUES 800.00 62360 GALAXY DIGITAL, LLC ANNUAL SUBSCRIPTION FEE 4,500.00 64540 AT & T MOBILITY *COMMUNICATION CHARGES 164.85 1505 CITY MANAGER Total 6,796.25 1510 PUBLIC INFORMATION 62205 LANGUAGE LINE SERVICES INTERPRETATION SERVICES 32.81 1510 PUBLIC INFORMATION Total 32.81 1555 FINANCIAL ADMINISTRATION 62295 MARTIN S. LYONS REIMBURSEMENT: GFOA CONFERENCE 104.39 1555 FINANCIAL ADMINISTRATION Total 104.39 1560 REVENUE & COLLECTIONS 51620 JANET JARAMILLA REFUND OF TRANSFER TAX: CLOSING CANCELLED 1,880.00 51620 ROBERT STEVENS REFUND OF TRANSFER TAX: CLOSING CANCELLED 695.00 51620 LIONEL EBERLING REFUND OF TRANSFER TAX: CLOSING CANCELLED 700.00 1560 REVENUE & COLLECTIONS Total 3,275.00 1570 ACCOUNTING 62110 SIKICH LLP AUDITING SERVICES FOR YEAR END FY15 36,500.00 62185 SMART RESOURCES, INC ACCOUNTING SERVICES 5,625.00 62275 FEDERAL EXPRESS CORP.SHIPPING 86.49 1570 ACCOUNTING Total 42,211.49 1575 PURCHASING 65095 OFFICE DEPOT OFFICE SUPPLIES 253.71 1575 PURCHASING Total 253.71 1580 COMMUNITY ARTS 66040 ACTOR'S GYMNASIUM CULTURAL FUND GRANT - SPRING 2016 2,000.00 66040 ART ENCOUNTER CULTURAL FUND GRANT - SPRING 2016 2,000.00 66040 EVANSTON ART CENTER CULTURAL FUND GRANT - SPRING 2016 1,000.00 66040 EVANSTON SYMPHONY ORCHESTRA CULTURAL FUND GRANT - SPRING 2016 2,000.00 66040 LIGHT OPERA WORKS CULTURAL FUND GRANT - SPRING 2016 2,000.00 66040 MITCHELL MUSEUM OF AMERICAN INDIAN CULTURAL FUND GRANT - SPRING 2016 1,000.00 66040 MUSIC INSTITUTE OF CHICAGO CULTURAL FUND GRANT - SPRING 2016 625.00 66040 NORTH SHORE CHORAL CULTURAL FUND GRANT - SPRING 2016 625.00 66040 OPEN STUDIO PROJECT CULTURAL FUND GRANT - SPRING 2016 1,000.00 66040 LITERATURE FOR ALL OF US CULTURAL FUND GRANT - SPRING 2016 3,000.00 66040 THE ARC THEATRE CULTURAL FUND GRANT - SPRING 2016 2,000.00 66040 RIDGEVILLE FOUNDATION CULTURAL FUND GRANT - SPRING 2016 2,000.00 66040 NOYES CULTURAL ARTS CENTER CULTURAL FUND GRANT - SPRING 2016 1,500.00 66040 AYINDE JEAN-BAPTISTE CULTURAL FUND GRANT - SPRING 2016 1,000.00 66040 MUDLARK THEATER COMPANY CULTURAL FUND GRANT - SPRING 2016 4,000.00 66040 LEA PINSKY CULTURAL FUND GRANT - SPRING 2016 2,000.00 66040 EVANSTON HISTORY CENTER CULTURAL FUND GRANT - SPRING 2016 2,000.00 1580 COMMUNITY ARTS Total 29,750.00 1705 LEGAL ADMINISTRATION 62130 WEST GROUP PAYMENT CTR LEGAL RESEARCH 831.92 62345 OFFICE DEPOT OFFICE SUPPLIES 76.04 62509 SUSAN D BRUNNER ADMINISTRATIVE HEARINGS OFFICER 2,100.00 62509 JEFFREY D. GREENSPAN ADMINISTRATIVE HEARINGS OFFICER 1,050.00 62509 MITCHELL C. EX ADMINISTRATIVE HEARINGS OFFICER 1,695.00 1705 LEGAL ADMINISTRATION Total 5,752.96 1910 FINANCE DIVISION - REVENUE 62431 DUNBAR ARMORED ARMORED CAR SERVICES 2,651.98 1910 FINANCE DIVISION - REVENUE Total 2,651.98 45 of 620 CITY OF EVANSTON BILLS LIST PERIOD ENDING 07.26.2016 1915 HUMAN RESOURCE DIVI. - PAYROLL 65095 OFFICE DEPOT OFFICE SUPPLIES 7.86 1915 HUMAN RESOURCE DIVI. - PAYROLL Total 7.86 1929 HUMAN RESOURCE DIVISION 62160 TRANS UNION CORP BACKGROUND CHECKS-POLICE 132.12 62160 STANDARD & ASSOCIATES, INC.EMPLOYMENT TESTING-POLICE 2,100.00 62270 QUEST DIAGNOSTICS CLINICAL LABORATORIES EMPLOYEE TESTING-QUEST DIAGNOSTICS 6,383.00 62270 NORTHSHORE UNIVERSITY HEALTH SYSTEM OMEGA QUARTERLY EMPLOYEE MEDICAL SCREENINGS 14,902.00 62310 SAM'S CLUB DIRECT *SUPPLIES: CITY WIDE TRAINING 47.44 62315 FEDERAL EXPRESS CORP.SHIPPING 52.34 62509 FEDERAL EXPRESS CORP.SHIPPING 21.48 65095 OFFICE DEPOT OFFICE SUPPLIES 60.63 1929 HUMAN RESOURCE DIVISION Total 23,699.01 1932 INFORMATION TECHNOLOGY DIVI. 62175 IRON MOUNTAIN OSDP OFF SITE DATA STORAGE 793.83 62340 XEROX CORPORATION COPIER CHARGES 1,068.73 62509 EVERBRIDGE, INC.MASS NOTIFICATION SYSTEM 15,000.00 64505 TYCO INTEGRATED SECURITY LLC CONSOLIDATED PAYMENT RECURRING ALARM SERVICES 3,926.80 64505 AT & T COMMUNICATION CHARGES 347.00 65555 SOLARWINDS APPLICATION MONITORING SOFTWARE 4,346.00 65555 CHICAGO OFFICE TECHNOLOGY GROUP COPIER UPDATE CHARGES 821.33 65615 A & R SHARED SERVICE CENTER COMMUNICATION CHARGES 900.00 1932 INFORMATION TECHNOLOGY DIVI. Total 27,203.69 1941 PARKING ENFORCEMENT & TICKETS 62451 NORTH SHORE TOWING FOR BOOTING AND TOWING SERVICES 2,100.00 65020 VCG UNIFORM UNIFORMS FOR PARKING ENFORCEMENT OFFICERS 175.80 65020 VCG UNIFORM UNIFORMS FOR PARKING ENFORCEMENT OFFICERS 260.80 1941 PARKING ENFORCEMENT & TICKETS Total 2,536.60 1950 FACILITIES 62225 ANDERSON PEST CONTROL PEST CONTROL SERVICES 464.20 62225 SMITHEREEN PEST MANAGEMENT SERVICES SERVICE CENTER PEST SERVICE 96.00 62225 DUSTCATCHERS, INC.FLOOR MAT SERVICE JUNE 2016 205.35 62509 THYSSENKRUPP ELEVATOR FIRE STATION 5 ELEVATOR MAINTENANCE 647.14 62509 TYCO INTEGRATED SECURITY LLC HARLEY CLARK RECURRING ALARM SERVICE 165.00 64005 COMED UTILITIES 591.35 64015 NICOR UTILITIES 736.00 65040 SUPERIOR INDUSTRIAL SUPPLY CIVIC CENTER JANITORIAL SUPPLIES 713.30 65050 MARK VEND COMPANY COFFEE FOR CIVIC CENTER 127.76 1950 FACILITIES Total 3,746.10 2101 COMMUNITY DEVELOPMENT ADMIN 61060 LOCKE, USHANE INDEPENDENT CONTRACTOR 4,036.50 2101 COMMUNITY DEVELOPMENT ADMIN Total 4,036.50 2126 BUILDING INSPECTION SERVICES 62425 ELEVATOR INSPECTION SERVICE EIS ELEVATOR INSPECTION - TECH INSTITUTE 50.00 62425 ELEVATOR INSPECTION SERVICE EIS ELEVATOR INSPECTION - 120 DODGE 50.00 62425 ELEVATOR INSPECTION SERVICE EIS ELEVATOR INSPECTION - HOGAN HALL 100.00 62425 ELEVATOR INSPECTION SERVICE EIS ELEVATOR INSPECTION - RYAN HALL 100.00 62425 ELEVATOR INSPECTION SERVICE EIS ELEVATOR INSPECTION - TACO DIABLO 50.00 62425 ELEVATOR INSPECTION SERVICE EIS ELEVATOR INSPECTION- 1600 DODGE 50.00 62464 SAFEBUILT ILLINOIS PLAN REVIEW AND INSPECTION SERVICE 8,065.48 2126 BUILDING INSPECTION SERVICES Total 8,465.48 2205 POLICE ADMINISTRATION 62272 WILD CROW COMMUNICATION, INC DEPLOYMENT 375.00 62280 FEDERAL EXPRESS CORP.SHIPPING 87.69 64015 NICOR UTILITIES 225.98 65125 PRESTONS FLOWERS & GIFTS FUNERAL FLOWERS 62.00 2205 POLICE ADMINISTRATION Total 750.67 2210 PATROL OPERATIONS 62490 EVANSTON FUNERAL & CREMATION BODY REMOVAL 962.00 62490 LAUNDRY WORLD PRISONER BLANKETS 224.00 62490 BEST TECHNOLOGY SYSTEMS, INC.RANGE CLEANING 4,992.50 65020 ROSENBAUM, DANIEL UNIFORMS 186.81 65020 KIESLER POLICE SUPPLY, INC.UNIFORMS 874.06 65125 MEDLINE INDUSTRIES SPIT HOODS 86.02 65125 LAW ENFORCEMENT TARGETS INC.TARGETS 582.80 2210 PATROL OPERATIONS Total 7,908.19 2225 SOCIAL SERVICES BUREAU 62370 CITY OF EVANSTON - PETTY CASH PETTY CASH REIMBURSEMENT 216.52 2225 SOCIAL SERVICES BUREAU Total 216.52 2240 POLICE RECORDS 65095 OFFICE DEPOT OFFICE SUPPLIES-BINDER 55.90 65095 OFFICE DEPOT OFFICE SUPPLIES-BINDERS 25.90 65095 OFFICE DEPOT OFFICE SUPPLIES-DESK PAD/LABEL 13.66 65095 OFFICE DEPOT OFFICE SUPPLIES-PAD/CLIP/STAPLES 40.70 46 of 620 CITY OF EVANSTON BILLS LIST PERIOD ENDING 07.26.2016 65095 OFFICE DEPOT OFFICE SUPPLIES-PENCIL 2.99 65095 OFFICE DEPOT OFFICE SUPPLIES-STAPLE REMOVER 3.48 2240 POLICE RECORDS Total 142.63 2250 SERVICE DESK 62490 THE SHRED AUTHORITY SHRED 360.00 2250 SERVICE DESK Total 360.00 2251 311 CENTER 64505 AT & T *311 SERVICE 400.26 2251 311 CENTER Total 400.26 2260 OFFICE OF ADMINISTRATION 62295 COLLEGE OF DUPAGE TRAINING 595.00 62295 CITY OF EVANSTON PETTY CASH PETTY CASH REIMBURSEMENT 748.62 62295 NORTH EAST MULTI-REGIONAL TRAINING INC TRAINING 1,050.00 62295 MIZELL, MARK TRAINING 250.00 62295 NITV FEDERAL SERVICES TRAINING 395.00 62360 ILLINOIS LAW ENFORCEMENT ALARM SYSTEM MEMBERSHIP 480.00 65020 O'HERRON CO., INC., RAY HONOR GUARD UNIFORM 151.97 2260 OFFICE OF ADMINISTRATION Total 3,670.59 2270 TRAFFIC BUREAU 62490 NORTH SHORE TOWING TOW & HOOK 30.00 2270 TRAFFIC BUREAU Total 30.00 2280 ANIMAL CONTROL 52020 JAN VAN STRAATEN PET LICENSE REFUND 10.00 64015 NICOR UTILITIES 191.05 2280 ANIMAL CONTROL Total 201.05 2285 PROBLEM SOLVING TEAM 65085 WHEEL & SPROCKET BIKE REPAIR 787.14 2285 PROBLEM SOLVING TEAM Total 787.14 2295 BUILDING MANAGEMENT 62225 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 52.76 62225 CENTRAL RUG & CARPET CO.CARPET 4,872.00 65125 COMED UTILITIES 303.65 2295 BUILDING MANAGEMENT Total 5,228.41 2305 FIRE MGT & SUPPORT 62518 FOX VALLEY FIRE & SAFETY ANSUL SERVICE 396.00 64015 NICOR UTILITIES 1,005.15 65020 LION GROUP, INC.TURNOUT GEAR REPAIR 460.50 65050 HASTINGS AIR-ENERGY CONTROL EXHAUST REPAIR 393.90 65095 OFFICE DEPOT OFFICE SUPPLIES 293.67 65125 IMPACT CANOPIES USA PUB SHELTER 568.94 2305 FIRE MGT & SUPPORT Total 3,118.16 2310 FIRE PREVENTION 62245 PROMOS 911, INC.MATERIALS 1,214.68 2310 FIRE PREVENTION Total 1,214.68 2315 FIRE SUPPRESSION 62295 LEADERSHIP UNDER FIRE, INC.TRAINING COURSE 3,125.00 62295 WAGNER, ZACHARY REIMBURSEMENT: FIRE TRAINING IFSI 505.14 62509 KC FITNESS SERVICE REPAIR SERVICE 265.00 65015 PRAXAIR DISTIBUTION INC EMS OXYGEN 649.00 65040 SAM'S CLUB DIRECT *SUPPLIES: JANITORIAL 161.62 65625 EVANSTON FOREIGN FIRE BADGES 1,364.00 65625 WORLDPOINT ECC, INC.CITIZEN CPR SUPPLIES 155.20 2315 FIRE SUPPRESSION Total 6,224.96 2407 HEALTH SERVICES ADMIN 65095 OFFICE DEPOT OFFICE SUPPLIES 8.35 2407 HEALTH SERVICES ADMIN Total 8.35 2435 FOOD AND ENVIRONMENTAL HEALTH 62477 VERIZON WIRELESS COMMUNICATION CHARGES 217.59 64540 VERIZON WIRELESS COMMUNICATION CHARGES 130.45 65075 FINEST COURIER LOGISTICS COURIER SERVICE 105.00 2435 FOOD AND ENVIRONMENTAL HEALTH Total 453.04 2440 VITAL RECORDS 62490 IL DEPT OF PUBLIC HEALTH DEATH CERTIFICATES 944.00 65095 MSF GRAPHICS, INC.PRINTING-BIRTH CERTIFICATES 988.00 2440 VITAL RECORDS Total 1,932.00 2455 COMMUNITY HEALTH 62490 EVANSTON TOWNSHIP HIGH SCHOOL PHARMACY FOR ETHS HEALTH CENTER 1,433.60 2455 COMMUNITY HEALTH Total 1,433.60 3010 REC. BUSINESS & FISCAL MGMT 65095 OFFICE DEPOT OFFICE SUPPLIES 67.41 3010 REC. BUSINESS & FISCAL MGMT Total 67.41 47 of 620 CITY OF EVANSTON BILLS LIST PERIOD ENDING 07.26.2016 3020 REC GENERAL SUPPORT 62210 ACTION PRINTING SUMMER MAGAZINE PRINTING 12,979.69 62490 FROSTY PRODUCTION FARMERS MARKET 73.00 62490 KATIC BREADS WHOLESALE, LLC FARMERS MARKET 60.00 62490 MARIGOLD HILL ORGANICS, LLC FARMERS MARKET 67.00 62490 THAT PICKLE GUY INC.FARMERS MARKET 76.00 62490 JON FIRST FARMERS MARKET 63.00 62490 TERESA'S FRUIT AND HERBS FARMERS MARKET 132.00 62490 LAKE BREEZE ORGANICS FARMERS MARKET 33.00 62490 LYON'S FARM FARMERS MARKET 34.00 62490 HENRY'S FARM FARMERS MARKET 280.00 62490 HEARTLAND MEATS FARMERS MARKET 70.00 62490 KINNIKINNICK FARM FARMERS MARKET 140.00 62490 ED GAST FARMERS MARKET 124.00 62490 ELKO'S PRODUCE AND GREENHOUSE FARMERS MARKET 39.00 62490 J.W. MORLOCK AND GIRLS FARMERS MARKET 50.00 62490 GENEVA LAKES PRODUCE FARMERS MARKET 48.00 62490 OLD TOWN OIL FARMERS MARKET 140.00 62490 NICHOLS FARM & ORCHARD FARMERS MARKET 254.00 62490 ZELDENRUST FARM FARMERS MARKET 31.00 62490 SEEDLING FARMERS MARKET 68.00 62490 K.V. STOVER AND SON FARMERS MARKET 52.00 62490 ORGANIC PASTURES FARMERS MARKET 40.00 62490 SMITS FARMS FARMERS MARKET 75.00 62490 GREAT HARVEST BREAD CO.FARMERS MARKET 38.00 62490 GREEN ACRES FARMERS MARKET 38.00 62490 DEFLOURED LLC FARMERS MARKET 53.00 62490 SWEETY PIES BAKERY CAKERY CAFE, LLC FARMERS MARKET 59.00 62490 RIVER VALLEY RANCH FARMERS MARKET 71.00 3020 REC GENERAL SUPPORT Total 15,187.69 3025 PARK UTILITIES 64005 COMED UTILITIES 4,301.21 64015 NICOR UTILITIES 275.82 3025 PARK UTILITIES Total 4,577.03 3030 CROWN COMMUNITY CENTER 62505 GARY KANTOR MAGIC CLASS TEACHER 56.00 62507 ALLTOWN BUS SERVICE INC.1 BUS FLEETWOOD ROLLER RINK 270.00 62507 ALLTOWN BUS SERVICE INC.1 BUS TO CLASSIC BOWL 165.00 62507 ALLTOWN BUS SERVICE INC.1 BUS TO LIGHTHOUSE BEACH 165.00 64015 NICOR UTILITIES 98.96 65025 GOURMET GORILLA, INC.MAY 2016 LUNCH PROGRAM 1,832.55 65110 SAM'S CLUB DIRECT *SUPPLIES: AFTERSCHOOL 172.01 65110 SAM'S CLUB DIRECT *SUPPLIES: PRESCHOOL PROGRAM 158.35 3030 CROWN COMMUNITY CENTER Total 2,917.87 3035 CHANDLER COMMUNITY CENTER 62360 SAM'S CLUB DIRECT *MEMBERSHIP-S.HORNE 15.00 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 31.20 62505 SPORTS ENDEAVORS, INC VOLLEYBALL INSTRUCTION 1,029.00 62505 E-TOWN TENNIS TENNIS INSTRUCTION CONTRACT 6,216.35 62505 PLAY-WELL TEKNOLOGIES LEGO CAMP INSTRUCTION 3,900.00 62507 NICKEL CITY SPORTS CAMP FIELD TRIP 400.00 62507 ALLTOWN BUS SERVICE INC.1 BUS NICKEL CITY 330.00 62507 ALLTOWN BUS SERVICE INC.1 BUS TO CLASSIC BOWL 330.00 62507 ALLTOWN BUS SERVICE INC.1 BUS TO NICKEL CITY 330.00 62507 ALLTOWN BUS SERVICE INC.1 BUSS TO CLASSIC BOWL 165.00 62507 ALLTOWN BUS SERVICE INC.2 BUSES TO SIX FLAGS GREAT AMERICA 720.00 64015 NICOR UTILITIES 162.74 65025 SAM'S CLUB DIRECT *SUPPLIES: EXTENDED CARE 712.29 65095 ILLINOIS PAPER COMPANY PAPER FOR COPY MACHINES 120.30 65095 OFFICE DEPOT OFFICE SUPPLIES 56.96 3035 CHANDLER COMMUNITY CENTER Total 14,518.84 3040 FLEETWOOD JOURDAIN COM CT 62225 COMCAST CABLE CABLE SERVICES 218.98 62225 CINTAS CORPORATION #769 MONTHLY CLEANING ON FLOOR MATS 240.12 62507 EVANSTON TOWNSHIP HIGH SCHOOL SUMMER CAMP SWIMMING AT ETHS (JUNE 2016)940.00 62507 ALLTOWN BUS SERVICE INC.2 BUSES ALLSTATE ARENA 500.00 62507 ALLTOWN BUS SERVICE INC.2 BUSES TO THE MEXICAN FINE ARTS MUSEUM 556.00 64015 NICOR UTILITIES 226.69 65050 MIDWEST TIME RECORDER THE TIME RECORDER SERVICE 103.00 65095 ILLINOIS PAPER COMPANY WHITE PAPER FOR COPING 225.60 65110 SAM'S CLUB DIRECT *SUPPLIES: 1ST AID 231.54 3040 FLEETWOOD JOURDAIN COM CT Total 3,241.93 3045 FLEETWOOD/JOURDAIN THEATR 62490 ALLTOWN BUS SERVICE INC.CANCELLATION FEE 150.00 62511 SINGLETON, PHOENIX LIGHTING DESIGNER 400.00 62511 DELONG, ANTORA DIRECTOR 75.00 62511 APODACA, VICTORIA LUCIA STAGE MANAGER 680.00 62511 RISHA HILL CAST MEMBER 170.00 62511 CHANCELLOR, MICHAEL SET BUILDER AND PAINTER 400.00 62511 JORDAN, CHELSEA GUEST ARTIST CAMP 50.00 48 of 620 CITY OF EVANSTON BILLS LIST PERIOD ENDING 07.26.2016 62511 TAZEWELL, CONOR THEATRE ASSISTANT 250.00 62511 COLQUITT, JACKIE CAST MEMBER 125.00 62511 CIESIL, CONNOR SOUND DESIGN 400.00 62511 ELANA ELYCE SULLIVAN CAST MANAGER 255.00 65110 SAM'S CLUB DIRECT *SUPPLIES: SUMMER PROGRAM 12.72 3045 FLEETWOOD/JOURDAIN THEATR Total 2,967.72 3050 RECREATION OUTREACH PROGRAM 62490 ANDERSON PEST CONTROL MONTHLY PEST CONTROL - LOVELACE 43.34 65110 SAM'S CLUB DIRECT *SUPPLIES: SUMMER PROGRAM 136.40 3050 RECREATION OUTREACH PROGRAM Total 179.74 3055 LEVY CENTER SENIOR SERVICES 61062 KEVIN SPARKMON SECURITY SERVICE 270.00 61062 KEVIN SPARKMON SECURITY SERVICE 150.00 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 44.94 62505 KOROMA, JENEBA PAYMENT FOR METAL SMITING DEMO 150.00 62505 KOPPEL, SOL D.6 WEEK BRIDGE CLASS FOR SENIORS 250.00 62509 MIDWEST TIME RECORDER TIME CLOCK MAINTENANCE 160.00 62511 COMCAST CABLE CABLE SERVICES 150.25 62695 JUDON, ARNETT TAXI CAB COUPON PROGRAM 2,400.00 62695 303 TAXI TAXI CAB COUPON PROGRAM 8,886.00 64015 NICOR UTILITIES 214.97 65050 NOLAND SALES CORPORATION CARPET SQUARES 460.00 65095 ILLINOIS PAPER COMPANY PAPER FOR LEVY CENTER OFFICE 156.40 3055 LEVY CENTER SENIOR SERVICES Total 13,292.56 3080 BEACHES 62205 EVANSTON SIGNS GRAPHICS, INC.WARNING SIGNS 420.00 64015 NICOR UTILITIES 69.54 65040 SUPERIOR INDUSTRIAL SUPPLY SUPPLIES 1,461.06 65045 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 43.34 65085 JOHNSON LOCKSMITH, INC.KEYS 4.90 3080 BEACHES Total 1,998.84 3095 CROWN ICE RINK 62251 RMC, iNC.COMPRESSOR MAINTENANCE 3,260.00 62251 RMC, iNC.COMPRESSOR REPAIR 976.00 62251 RMC, iNC.URGENT REPAIR TO ICE REFRIGERATION EQUIP 5,835.11 62495 ANDERSON PEST CONTROL PEST CONTROL 79.00 62507 EVANSTON TOWNSHIP HIGH SCHOOL SUMMER CAMP SWIMMING 3,175.00 62507 ALLTOWN BUS SERVICE INC.2 BUSES TO FLEETWOOD ROLLER RINK 500.00 64015 NICOR UTILITIES 296.88 65040 UNIFIRST CORPORATION JANITORIAL SUPPLIES 63.90 65050 GRAINGER, INC., W.W.BALLAST/LIGHT REPAIRS 342.30 65050 JORSON & CARLSON ICE SCRAPER KNIVES SHARPENED 35.49 65095 OFFICE DEPOT OFFICE SUPPLIES 13.98 3095 CROWN ICE RINK Total 14,577.66 3100 SPORTS LEAGUES 62508 KLEPADLO, EDWARD LEAGUE OFFICIAL 140.00 62508 LITTLE, FREDERIK LEAGUE OFFICIAL 35.00 62508 MANISCALC0, ANTHONY LEAGUE OFFICIAL 280.00 62508 ZIMMERMAN, JAY LEAGUE OFFICIAL 140.00 62508 MORRIS SCHWARTZ LEAGUE OFFICIAL 532.00 62508 GIBSON, TIMOTHY LEAGUE OFFICIAL 140.00 62508 FRANKLIN, STEVE LEAGUE OFFICIAL 280.00 62508 WAGNER, DAVID LEAGUE OFFICIAL 105.00 65110 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 85.00 3100 SPORTS LEAGUES Total 1,737.00 3105 AQUATIC CAMP 65125 NORTHERN LAKE SAILBOATS REPAIR OF SAILBOAT SAIL 115.92 3105 AQUATIC CAMP Total 115.92 3130 SPECIAL RECREATION 62507 ALLTOWN BUS SERVICE INC.1 BUS TO JAY PRITZKER PAVILION 250.00 65025 SAM'S CLUB DIRECT *SUPPLIES: SUMMER PROGRAM 155.33 65110 WOODSON, LEONARD B REIMBURSEMENT: PRCS PROGRAM 530.59 3130 SPECIAL RECREATION Total 935.92 3215 YOUTH ENGAGEMENT DIVISION 62490 ALLTOWN BUS SERVICE INC.SYEP TRIP 9,375.00 3215 YOUTH ENGAGEMENT DIVISION Total 9,375.00 3225 GIBBS-MORRISON CULTURAL CENTER 62225 COMED UTILITIES 129.55 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 55.00 62509 CINTAS CORPORATION #769 MONTHLY MAT SERVICE 56.17 62509 CINTAS CORPORATION #770 MONTHLY MAT SERVICE 56.17 64015 NICOR UTILITIES 46.74 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 31.60 65095 SAM'S CLUB DIRECT *SUPPLIES: SUMMER PROGRAM 278.88 3225 GIBBS-MORRISON CULTURAL CENTER Total 654.11 49 of 620 CITY OF EVANSTON BILLS LIST PERIOD ENDING 07.26.2016 3605 ECOLOGY CENTER 61062 KEVIN SPARKMON SECURITY FOR LIQUOR RENTALS 150.00 62505 CIGAN, LILY YOGA PROGRAM INSTRUCTION 374.40 64015 NICOR UTILITIES 55.71 65095 OFFICE DEPOT OFFICE SUPPLIES 64.95 3605 ECOLOGY CENTER Total 645.06 3610 ECO-QUEST DAY CAMP 62507 ALLTOWN BUS SERVICE INC.ECOEXPLORERS TRIP 300.00 62507 ALLTOWN BUS SERVICE INC.ECO QUEST TRIP 1,100.00 3610 ECO-QUEST DAY CAMP Total 1,400.00 3710 NOYES CULTURAL ARTS CENTER 64015 NICOR UTILITIES 271.27 65040 SUPERIOR INDUSTRIAL SUPPLY NOYES CUSTODIAL SUPPLIES 1,438.36 65095 SAM'S CLUB DIRECT *SUPPLIES: SUMMER PROGRAM 278.88 3710 NOYES CULTURAL ARTS CENTER Total 1,988.51 3720 CULTURAL ARTS PROGRAMS 62507 ALLTOWN BUS SERVICE INC.ARTS CAMP FIELD TRIP 506.00 62507 ALLTOWN BUS SERVICE INC.PIRATE CAMP FIELD TRIP 250.00 62511 B&B PRODUCTIONS, INC SOUND FOR STARLIGHT 1,300.00 62511 MIXON, DONOVAN PERFORMING ARTIST 200.00 62511 AUSTIN REED FLYGT PERFORMING ARTIST 300.00 62511 MARY KABABIK PERFORMING ARTIST 275.00 62511 GIFFORD, JAMES PERFORMING ARTIST 1,000.00 62511 PYROTECHNIQ PERFORMING ARTIST 950.00 62511 CHICAGO AFROBEAT PROJECT PERFORMING ARTIST 2,400.00 62511 ADAMS, JAMES PERFORMING ARTIST 250.00 62511 PONTICELLI MUSIC PERFORMING ARTIST 1,000.00 65095 OFFICE DEPOT OFFICE SUPPLIES 97.40 65110 SAM'S CLUB DIRECT *SUPPLIES: ART CAMP 315.43 3720 CULTURAL ARTS PROGRAMS Total 8,843.83 3806 CIVIC CENTER SERVICES 64015 NICOR UTILITIES 382.13 3806 CIVIC CENTER SERVICES Total 382.13 4105 PUBLIC WORKS AGENCY ADMIN 52131 CARMEN YILDIRIM VISITOR PASS REFUND 2.00 4105 PUBLIC WORKS AGENCY ADMIN Total 2.00 4310 RECYCLING AND ENVIRONMENTAL MAIN 64015 NICOR UTILITIES 152.24 4310 RECYCLING AND ENVIRONMENTAL MAIN Total 152.24 4320 FORESTRY 62385 SUNRISE TREE SERVICE INC REMOVAL OF OAK TREE - 2913 HARRISON 600.00 4320 FORESTRY Total 600.00 4330 GREENWAYS 62195 COMED UTILITIES 88.43 62195 LANDSCAPE CONCEPTS MANAGEMENT, INC.CALLAN AVE STREETSCAPE LANDSCAPE MAINTENANCE 311.00 62195 LANDSCAPE CONCEPTS MANAGEMENT, INC.HOWARD ST. STREETSCAPE LANDSCAPE MAINTENANCE 698.00 62195 LANDSCAPE CONCEPTS MANAGEMENT, INC.GREEN BAY RD RR EMBANKMENT LANDSCAPING 2,245.00 62199 NATIONAL AWARD SERVICES BRONZE PLAQUE 393.90 62199 NATIONAL AWARD SERVICES PLASTIC PLATE WITH ENGRAVING 20.00 4330 GREENWAYS Total 3,756.33 4400 CAPITAL PLANNING & ENGINEERING 62210 ALLEGRA PRINT & IMAGING BUSINESS CARD FOR PAUL MOYANO 39.00 65090 GRAINGER, INC., W.W.FIRST AID KITS FOR ENGINEERING VEHICLES 299.70 4400 CAPITAL PLANNING & ENGINEERING Total 338.70 4520 TRAF. SIG.& ST LIGHT MAINT 64006 COMED UTILITIES 823.31 4520 TRAF. SIG.& ST LIGHT MAINT Total 823.31 100 GENERAL FUND Total 326,436.14 175 GENERAL ASSISTANCE FUND 4605 GENERAL ASSISTANCE ADMIN 62210 DELUXE BUSINESS FORMS & SUPPLIES PRINTING- GA CHECKS 374.84 62490 NJS ENTERPRISES, INC.VISUAL GA.NET SOFTWARE SERVICE CONTRACT 4,000.00 65090 SAM'S CLUB DIRECT *SUPPLIES: FOOD 19.48 65095 OFFICE DEPOT OFFICE SUPPLIES 39.98 4605 GENERAL ASSISTANCE ADMIN Total 4,434.30 175 GENERAL ASSISTANCE FUND Total 4,434.30 176 HEALTH AND HUMAN SERVICES 4651 HEALTH & HUMAN SERVICES 62890 INFANT WELFARE SOCIETY 2ND QUARTER MHB GRANT PAYMENT 18,625.00 62940 LEGAL ASSISTANCE FOUNDATION 2ND QUARTER MHB GRANT PAYMENT 2,975.00 50 of 620 CITY OF EVANSTON BILLS LIST PERIOD ENDING 07.26.2016 62970 CONNECTIONS FOR THE HOMELESS 2ND QUARTER MHB GRANT PAYMENT 7,425.00 62980 NORTH SHORE SENIOR CENTER 2ND QUARTER MHB GRANT PAYMENT 6,750.00 62990 METROPOLITAN FAMILY SERVICES 2ND QUARTER MHB GRANT PAYMENT 15,825.00 63067 CHILDCARE NETWORK OF EVANSTON 2ND QUARTER MHB GRANT PAYMENT 30,938.75 63068 HOUSING OPTIONS FOR THE MENTALLY ILL 2ND QUARTER MHB GRANT PAYMENT 14,725.00 63069 JAMES B. MORAN CENTER FOR YOUTH ADVOCACY 2ND QUARTER MHB GRANT PAYMENT 10,375.00 63070 PEER SERVICES, INC.2ND QUARTER MHB GRANT PAYMENT 25,250.00 63071 SHORE COMMUNITY SERVICES 2ND QUARTER MHB GRANT PAYMENT 9,750.00 63120 MEALS AT HOME 2ND QUARTER MHB GRANT PAYMENT 1,962.50 67006 SAM'S CLUB DIRECT *SUPPLIES: FOOD 399.96 67006 FRIENDSHIP BAPTIST CHURCH OF EVANSTON WEST END MARKET 1,160.00 67030 FAMILY FOCUS INC.2ND QUARTER MHB GRANT PAYMENT 7,473.75 67045 YOUTH OPPROTUNITY UNITED 2ND QUARTER MHB GRANT PAYMENT 23,163.75 67090 CHILD CARE CENTER OF EVANSTON 2ND QUARTER MHB GRANT PAYMENT 4,900.00 67146 NORTHWEST CENTER AGAINST SEXUAL ASSAULT 2ND QUARTER MHB GRANT PAYMENT 4,125.00 4651 HEALTH & HUMAN SERVICES Total 185,823.71 176 HEALTH AND HUMAN SERVICES Total 185,823.71 205 EMERGENCY TELEPHONE (E911) FUND 5150 EMERGENCY TELEPHONE SYSTM 62509 CHICAGO COMMUNICATIONS, LLC.ZETRON IP FSA 2015/2016 SERVICE AGREEMENT 660.00 62509 IRON MOUNTAIN OSDP OFF-SITE DATA PROTECTION MONTHLY EXPENSES 398.39 64505 AT & T UTILITIES 107.91 64540 VERIZON WIRELESS COMMUNICATION CHARGES 2,426.09 65625 SUNGARD PUBLIC SECTOR, INC.ONE SOLUTION-IMPLEMENTATION TRAINING TRAVEL EXPENSES 5,673.26 5150 EMERGENCY TELEPHONE SYSTM Total 9,265.65 205 EMERGENCY TELEPHONE (E911) FUND Total 9,265.65 215 CDBG FUND 5220 CDBG ADMINISTRATION 62295 NATIONAL COMMUNITY DEVELOPMENT ASSOC.NCDA ANNUAL CONFERENCE 900.00 62295 NORA HOLDEN-CORBETT REIMBURSEMENT: NCDA CONFERENCE 592.78 5220 CDBG ADMINISTRATION Total 1,492.78 215 CDBG FUND Total 1,492.78 220 CDBG LOAN 5280 CD LOAN 65535 COOK COUNTY RECORDER OF DEEDS CCRD REHAB LOAN RECORDING - 2038 DARROW 60.00 65535 DUCTS R US, INC.REHAB R1147 - 147 CUSTER 295.00 5280 CD LOAN Total 355.00 220 CDBG LOAN Total 355.00 225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 62662 REAL VALUATION SERVICES, LLC APPRAISAL -717-23 HOWARD STREET THEATER PROJECT 1,900.00 62662 LOOPNET, INC.ONLINE REAL ESTATE SEARCH SERVICES 6,000.00 65522 ANDREW SPATZ STOREFRONT GRANT REIMBURSEMENT 39,200.00 65522 1806 CHURCH STREET, LLC STOREFRONT GRANT REIMBURSEMENT 50,000.00 5300 ECON. DEVELOPMENT FUND Total 97,100.00 225 ECONOMIC DEVELOPMENT FUND Total 97,100.00 250 AFFORDABLE HOUSING FUND 5465 AFFORDABLE HOUSING 62490 GOSS & ASSOCIATES, INC.HANDYMAN PROGRAM 2,057.00 5465 AFFORDABLE HOUSING Total 2,057.00 250 AFFORDABLE HOUSING FUND Total 2,057.00 330 HOWARD-RIDGE TIF FUND 5860 HOWARD RIDGE TIF 56010 TMQ GROUP LLC *MONTHLY RENT-POLICE OUTPOST JULY 1,000.00 56010 TMQ GROUP LLC MONTHLY RENT-POLICE OUTPOST AUG 1,000.00 5860 HOWARD RIDGE TIF Total 2,000.00 330 HOWARD-RIDGE TIF FUND Total 2,000.00 51 of 620 CITY OF EVANSTON BILLS LIST PERIOD ENDING 07.26.2016 415 CAPITAL IMPROVEMENTS FUND 4150 CAPITAL PROJECTS 415555 62185 COMMUNITY COUNSELLING SERVICE FUNDRAISING SERVICES FOR ROBERT CROWN CENTER 35,000.00 4150 CAPITAL PROJECTS Total 35,000.00 4115 2015 BOND PROJECTS 416455 65515 TERRA ENGINEERING, LTD LADD ARBORETUM - PHASE 3 ENGINEERING 2,542.02 4115 2015 BOND PROJECTS Total 2,542.02 4116 2016 BOND PROJECTS 616007 62145 CLARK DIETZ, INC.RFP 16-01, FLEETWOOD HVAC & ELEC 9,091.31 516002 62145 SMITHGROUPJJR, INC.RFP 16-13, CHURCH STREET HARBOR RENOVATIONS - PHASE 2 4,824.75 416511 62145 CHRISTOPHER B. BURKE ENGINEERING, LTD.ALLEY PAVING PROGRAM TOPOGRAPHIC SURVEY - 3 LOCATIONS 7,600.00 416525 65515 GEWALT HAMILTON ASSOCIATES, INC.ENGINEERING DESIGN SERVICES FOR VARIOUS PARKING LOTS 7,900.00 4116 2016 BOND PROJECTS Total 29,416.06 415 CAPITAL IMPROVEMENTS FUND Total 66,958.08 505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 53510 COOK COUNTY COLLECTOR *PARKING TAXES-JUNE 2016 110.00 62431 DUNBAR ARMORED ARMORED CAR SERVICES 5,453.00 62603 MOTIVATE INTERNATIONAL, INC.CAPITAL COSTS TO PURCHASE & INSTALL 10 DIVVY STATIONS 20,160.69 416524 65515 GEWALT HAMILTON ASSOCIATES, INC.ENGINEERING DESIGN SERVICES FOR VARIOUS PARKING LOTS 10,863.50 416528 65515 GEWALT HAMILTON ASSOCIATES, INC.ENGINEERING DESIGN SERVICES FOR VARIOUS PARKING LOTS 5,980.00 416500 65515 CHRISTOPHER B. BURKE ENGINEERING, LTD.ALLEY PAVING PROGRAM TOPOGRAPHIC SURVEY - 3 LOCATIONS 3,300.00 7005 PARKING SYSTEM MGT Total 45,867.19 7015 PARKING LOTS & METERS 62375 706 MAIN STREET LLC ANNUAL LEASE PAYMENT- PARKING LOT 15 2,927.32 62375 MCGAW YMCA 2ND QTR. PARKING METER COLLECTIONS 3,564.43 65070 PASSPORT PARKING, INC`TRANSACTION FEE-PAY BY CELL OPTION RELATED/DUNCAN 5,208.35 7015 PARKING LOTS & METERS Total 11,700.10 7025 CHURCH STREET GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES-JUNE 2016 2,111.00 62400 CENTRAL PARKING SYSTEM OF ILLINOIS PARKING LOT MANAGEMENT -3 DOWNTOWN PARKING GARAGE 24,010.33 62400 SP PLUS PARKING 3 DOWNTOWN PARKING GARAGES 2011-2015 VARIANCE 30,866.11 7025 CHURCH STREET GARAGE Total 56,987.44 7036 SHERMAN GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES-JUNE 2016 2,608.00 62400 CENTRAL PARKING SYSTEM OF ILLINOIS PARKING LOT MANAGEMENT -3 DOWNTOWN PARKING GARAGE 54,306.00 62400 SP PLUS PARKING 3 DOWNTOWN PARKING GARAGES 2011-2015 VARIANCE 69,853.00 62425 THYSSENKRUPP ELEVATOR ELEVATOR SERVICES/ MAINTENANCE-SHERMAN PARKING GARAGES 9,195.48 62660 MB EVANSTON SHERMAN, L.L.C.SHARED MAINTENANCE EXPENSES-SHERMAN PLAZA PARKING GARAGE 7,016.41 64505 AT & T COMMUNICATION CHARGES 550.00 7036 SHERMAN GARAGE Total 143,528.89 7037 MAPLE GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES-JUNE 2016 1,538.00 53510 COOK COUNTY COLLECTOR *PARKING TAXES-JUNE 2016 459.00 62400 CENTRAL PARKING SYSTEM OF ILLINOIS PARKING LOT MANAGEMENT -3 DOWNTOWN PARKING GARAGE 47,392.00 62400 SP PLUS PARKING 3 DOWNTOWN PARKING GARAGES 2011-2015 VARIANCE 61,730.00 7037 MAPLE GARAGE Total 111,119.00 505 PARKING SYSTEM FUND Total 369,202.62 510 WATER FUND 4200 WATER PRODUCTION 56140 ILLINOIS DEPT OF REVENUE *SALES TAX -JUNE 2016 1,570.00 62295 STEVEN R. GORE REIMBURSEMENT: AWWA ACE CONFERENCE 46.00 62295 JAMES R NELSON REIMBURSEMENT: AWWA ACE CONFERENCE 69.00 62295 CARNAHAN, REID REIMBURSEMENT: AWWA ACE CONFERENCE 46.00 65095 OFFICE DEPOT OFFICE SUPPLIES 66.46 4200 WATER PRODUCTION Total 1,797.46 4208 WATER BILLING 64540 VERIZON WIRELESS COMMUNICATION CHARGES 114.03 4208 WATER BILLING Total 114.03 4210 PUMPING 64005 COMED UTILITIES 20.42 64015 NICOR UTILITIES 925.14 4210 PUMPING Total 945.56 4220 FILTRATION 62465 EUROFINS EATON ANALYTICAL LABORATORY TESTING-ROUTINE COMPLIANCE 108.00 65015 ALEXANDER CHEMICAL CORPORATION LIQUID CHLORINE (PER SPEC)2,528.00 4220 FILTRATION Total 2,636.00 52 of 620 CITY OF EVANSTON BILLS LIST PERIOD ENDING 07.26.2016 4225 WATER OTHER OPERATIONS 62696 MOST DEPENDABLE FOUNTAINS DRINKING FOUNTAIN 3,615.00 4225 WATER OTHER OPERATIONS Total 3,615.00 4540 DISTRIBUTION MAINTENANCE 62210 ON TRACK FULFILLMENT INC.PRINT & MAIL OF WATER FINAL NOTICE POSTCARDS 75.00 62275 ON TRACK FULFILLMENT INC.PRINT & MAIL OF WATER FINAL NOTICE POSTCARDS 27.20 4540 DISTRIBUTION MAINTENANCE Total 102.20 510 WATER FUND Total 9,210.25 513 WATER DEPR IMPRV & EXTENSION FUND 7330 WATER FUND DEP, IMP, EXT 65515 AT & T DATACOMM WIRELESS N/S WATER TANK UTILITIES 2,164.53 7330 WATER FUND DEP, IMP, EXT Total 2,164.53 513 WATER DEPR IMPRV & EXTENSION FUND Total 2,164.53 515 SEWER FUND 4530 SEWER MAINTENANCE 62315 SEBIS DIRECT *POSTAGE DEPOSIT 6,000.00 4530 SEWER MAINTENANCE Total 6,000.00 515 SEWER FUND Total 6,000.00 520 SOLID WASTE FUND 4310 RECYCLING AND ENVIRONMENTAL MAIN 56155 ILLINOIS DEPT OF REVENUE *SALES TAX -JUNE 2016 65.00 62390 LAKESHORE RECYCLING SYSTEMS JULY CONDO TRASH REMOVAL 34,855.66 4310 RECYCLING AND ENVIRONMENTAL MAIN Total 34,920.66 520 SOLID WASTE FUND Total 34,920.66 600 FLEET SERVICES FUND 7710 MAJOR MAINTENANCE 62355 CINTAS #22 WEEKLY UNIFORM SERVICE 326.30 62355 CINTAS CORPORATION #769 WEEKLY MAT SERVICE 491.42 65035 FUTURE ENVIRONMENTAL, INC.USED OIL PICK-UP 50.00 65035 MANSFIELD OIL COMPANY FUEL PURCHASES FY2016 41,119.14 65050 ACCURATE TANK TECHNOLOGIES DECOMMISSION STAGE 2 VAPOR RECOVERY SYSTEM 2,640.00 65060 ALLTECH AUTO INC.#60 BODY REPAIRS 1,297.88 65060 CITY WELDING SALES & SERVICE INC.WELDING GASES 125.28 65060 FREEWAY FORD TRUCK SALES #580 FUEL TANK STRAP INSULATORS 55.06 65060 GROVER WELDING COMPANY #515 WELDING REPAIRS 211.75 65060 GROVER WELDING COMPANY #616 WELDING REPAIR 313.20 65060 INTERSTATE BATTERY OF NORTHERN CHICAGO 6 BATTERIES 558.45 65060 INTERSTATE BATTERY OF NORTHERN CHICAGO AA BATTERIES 28.50 65060 INTERSTATE BATTERY OF NORTHERN CHICAGO BATTERY 34.95 65060 LEACH ENTERPRISES, INC.#345 AIR DRIER 351.61 65060 LEACH ENTERPRISES, INC.AIR GOVERNOR 19.42 65060 LEACH ENTERPRISES, INC.CREDIT -80.00 65060 LEACH ENTERPRISES, INC.DECCCICANT FILTER 131.03 65060 LEACH ENTERPRISES, INC.DECCICANT CARTRIDGE 262.06 65060 REGIONAL TRUCK EQUIPMENT COMPANY, INC.REPLACEMENT KEY 14.82 65060 TERMINAL SUPPLY CO.175 POWER CONNECTOR 27.22 65060 UNITED PARCEL SERVICE SHIPPING TO RETURN PARTS 11.64 65060 VERMEER MIDWEST #560 SPRING 324.84 65060 VERMEER MIDWEST #562/#562R GRINDER TEETH 931.77 65060 WHOLESALE DIRECT INC 2' HITCH BALL 59.83 65060 WHOLESALE DIRECT INC 50W BULBS 119.81 65060 WHOLESALE DIRECT INC LED LIGHTS 191.67 65060 WEST SIDE EXCHANGE BOMAG ROLLER PLUGS 23.38 65060 GLOBAL EMERGENCY PRODUCTS, INC.CAB SPOT LIGHT ASSY 418.56 65060 GLOBAL EMERGENCY PRODUCTS, INC.P-SERIES SIDE RAIL #313 172.98 65060 GLOBAL EMERGENCY PRODUCTS, INC.RESERVOIR COOLANT 182.21 65060 TRIANGLE RADIATOR #580 FUEL TANK REPAIR 395.00 65060 CARQUEST EVANSTON FLUORESCENT WORK LIGHT 37.07 65060 CARQUEST EVANSTON MINI LIGHTS 11.10 65060 GOLF MILL FORD #18 IGNITION COIL 107.64 65060 GOLF MILL FORD #24 O-RINGS 418.52 65060 GOLF MILL FORD #634 REPLACED EGR COOLER 1,396.78 65060 GOLF MILL FORD EXHAUST MANIFOLD 270.93 65060 GOLF MILL FORD FUEL SENDER 524.42 65060 GOLF MILL FORD #917 SHIFTING COLUMN PARTS 80.61 65060 R.N.O.W., INC.#721 TURNBUCKLE 37.82 65060 LAWSON PRODUCTS, INC.QUICK DISCONNECTS 25.50 65060 CHICAGO PARTS & SOUND, LLC #932 SENDER & PUMP ASSY 484.64 65060 CHICAGO PARTS & SOUND, LLC MOTOR CRAFT AIR CLEANER 50.04 65060 CHICAGO PARTS & SOUND, LLC MOTOR CRAFT BRAKE ROTORS 362.15 65060 CHICAGO PARTS & SOUND, LLC MOTOR CRAFT FILTERS 362.85 65060 CHICAGO PARTS & SOUND, LLC RETURN CREDIT -43.98 53 of 620 CITY OF EVANSTON BILLS LIST PERIOD ENDING 07.26.2016 65060 ADVANCED PROCLEAN INC.POWER WASHING 912.05 65060 MID-TOWN PETROLEUM ACQUISITION LLC DBA:DIESEL EXHAUST FLUID 200 GALLONS BULK 267.40 65060 APC STORES, INC., DBA BUMPER TO BUMPER 0W20 AFE OIL QUARTS 112.68 65060 APC STORES, INC., DBA BUMPER TO BUMPER AIR FILTER 79.60 65060 APC STORES, INC., DBA BUMPER TO BUMPER AIR FILTERS 358.10 65060 APC STORES, INC., DBA BUMPER TO BUMPER BRAKE PADS 52.85 65060 APC STORES, INC., DBA BUMPER TO BUMPER BUSHING KIT 19.79 65060 APC STORES, INC., DBA BUMPER TO BUMPER FUEL FILTER 32.88 65060 APC STORES, INC., DBA BUMPER TO BUMPER HALOGEN HEADLAMPS 70.76 65060 APC STORES, INC., DBA BUMPER TO BUMPER MULTIPLE FILTERS 179.57 65060 APC STORES, INC., DBA BUMPER TO BUMPER OIL FILTER 21.84 65060 APC STORES, INC., DBA BUMPER TO BUMPER RED RTV SILICONE 11.38 65060 APC STORES, INC., DBA BUMPER TO BUMPER RTV SILICONE 123.63 65060 APC STORES, INC., DBA BUMPER TO BUMPER SWAY BAR LINKS #532 89.78 65060 APC STORES, INC., DBA BUMPER TO BUMPER TUBE SQUEEZER 17.99 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #316 ACCELERATOR PEDAL 357.07 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #577 AIR TANKS & STRAPS 901.98 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #578 COOLANT TANK RESERVOIR 522.65 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #76 A/C PARTS 634.06 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC CREDIT FOR STEERING GEAR CORE -1,692.06 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC STEERING GEAR 1,720.67 65060 MILLER HYDRAULIC SERVICE, INC.PTO SOLENOID 254.78 65065 WENTWORTH TIRE SERVICE #555 NEW TIRES 570.00 65065 WENTWORTH TIRE SERVICE #555 TIRE REPAIRS 153.95 65065 WENTWORTH TIRE SERVICE #713 TIRE REPAIRS 130.95 65065 WENTWORTH TIRE SERVICE 10 RECAPS 1,179.45 65065 WENTWORTH TIRE SERVICE 11 RECAP TIRES 1,543.47 65065 WENTWORTH TIRE SERVICE 4 NEW TIRES 1,214.76 65065 WENTWORTH TIRE SERVICE 4 RECAP TIRES 558.00 65065 WENTWORTH TIRE SERVICE 5 NEW TIRE PURCHASES 907.25 65065 WENTWORTH TIRE SERVICE 8 NEW TIRE PURCHASES 1,007.44 65065 WENTWORTH TIRE SERVICE 8 NEW TIRES 958.88 65065 WENTWORTH TIRE SERVICE 8 RECAPS & REPAIRS 3,874.36 65065 WENTWORTH TIRE SERVICE TIRE REPAIR 192.00 65090 CINTAS FIRST AID & SUPPLY 1ST AID SUPPLIES 104.70 7710 MAJOR MAINTENANCE Total 72,380.53 600 FLEET SERVICES FUND Total 72,380.53 601 EQUIPMENT REPLACEMENT FUND 7780 VEHICLE REPLACEMENTS 62375 UNITED RENTALS ANNUAL ROLLER RENTAL FOR STREET DEPARTMENT 2,565.00 7780 VEHICLE REPLACEMENTS Total 2,565.00 601 EQUIPMENT REPLACEMENT FUND Total 2,565.00 605 INSURANCE FUND 7800 RISK MANAGEMENT 62310 NORTHSHORE UNIVERSITY HEALTH SYSTEM OMEGA QUARTERLY EMPLOYEE MEDICAL SCREENINGS 370.00 7800 RISK MANAGEMENT Total 370.00 7801 EMPLOYEE BENEFITS 66050 HSA BANK, A DIVISION OF WEBSTER BANK N.A HSA BANK JULY 2016 16.00 66054 SENIORS CHOICE SENIORS CHOICE AUGUST 2016 1,646.36 7801 EMPLOYEE BENEFITS Total 1,662.36 605 INSURANCE FUND Total 2,032.36 700 FIRE PENSION FUND 8000 FIREFIGHTERS' PENSION 61755 BURKE, BURNS & PINELLI, LTD.LEGAL FEES 175.00 8000 FIREFIGHTERS' PENSION Total 175.00 700 FIRE PENSION FUND Total 175.00 Grand Total 1,194,573.61 54 of 620 CITY OF EVANSTON BILLS LIST PERIOD ENDING 07.26.2016 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT GENERAL 100.21705 VARIOUS RECTRAC REFUNDS 3,339.00 3,339.00 INSURANCE VARIOUS VARIOUS WORKERS COMP 8,858.95 VARIOUS VARIOUS CASUALTY LOSS 7,899.40 VARIOUS VARIOUS WORKERS COMP 16,230.43 VARIOUS VARIOUS CASUALTY LOSS 1,650.84 VARIOUS VARIOUS WORKERS COMP 15,145.67 49,785.29 SEWER 7550.68305 IEPA LOAN DISBURSEMENT SEWER FUND 129,962.47 129,962.47 VARIOUS VARIOUS TWIN EAGLE NATURAL GAS-JUNE 2016 13,187.40 13,187.40 196,274.16 Grand Total 1,390,847.77 PREPARED BY DATE REVIEWED BY DATE APPROVED BY DATE 55 of 620 For the City Council Meeting of May 10, 2010 Item # For City Council Meeting of July 25, 2016 Item A3.1 Business of the City by Motion: Up-Fit a Fleet Service Truck Purchase For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Erika Storlie, Deputy City Manager/Director of Administrative Services Rickey A. Voss, Parking/Fleet Manager Subject: Up-Fit a Fleet Service Truck (Bid 16-52) Date: July 5, 2016 Recommended Action: Staff recommends City Council approval for the purchase of equipment to up-fit a fleet service vehicle for the Department of Administrative Services (Bid 16-52) from Monroe Truck Equipment (1051W. 7th Street, Monroe, WI 53566) in the amount of $25,763. Funding Source: Funding for the purchase will be from the FY2016 Equipment Replacement Fund Account 601.19.7780.65550 FY2016 Budget: $1,455,422.00 Total cost: $25,763.00 The proposed expenditure represents 1.7% of this budgeted amount. Summary: The detail of the equipment to be replaced is listed below: FURNISH & INSTALL THE FOLLOWING PRICE Vmac VR-150 under hood Compressor, 150-CFM@ 175 psi, with Reel-Craft enclosed reel with 1/2" x 50' hose $8,828.00 Goodall 11-620 heavy duty 12/24 volt start all unit with Briggs & Straton engine, 30' 1/0ga cables with 1000 amp full power clamps. Installed on fabricated raised platform at P/S front with 1 set of cables $9,048.00 Memorandum 56 of 620 Fabricate bolt-on removable screen around start-all unit, Black Fabricate material rail along P/S of bed, painted standard black. $840.00 4-corner LED amber strobe system, wired to up-fitter switch panel. Re-wire OEM up-fitter switch panel to work with ignition off $332.00 Weatherguard 396-0-02 aluminum 96"L x 16"T x 13"D tool box on D/S, add for steel reinforcement plate under topside toolbox $800.00 Weatherguard 396-0-02 aluminum 90"L x 18"T x 16"D tool box on D/S, add for steel reinforcement plate under topside toolbox $843.00 LED Strip lighting installed inside toolbox, wired to up-fitter switch $250.00 Black 10" wide aluminum swing-up access step @ P/S front of bed. $186.00 LABOR COST $4,636.00 TOTAL BID PRICE $25,763.00 The equipment will be installed on fleet service vehicle #759 to support daily operations of the Administrative Services Department, Fleet Services Division Services. Vehicle #759 is a 2016 Ford F-450 6.7L Diesel. The equipment will be purchased from Monroe Truck Equipment the lowest responding bid (Bid 16-52) dated June 9, 2016 Company Purchase Price Monroe Truck Equipment, 1051W. 7th Street, Monroe, WI 53566 $25,763.00 Diversified Fleet Services, 1245 Paramount Pkwy, Batavia, IL 60510 $31,173.17 57 of 620 There are no Evanston businesses that can provide the required equipment. Attachments Bid 16-25 Up-Fit Fleet Service Truck M/W/EBE Memo 58 of 620 59 of 620 60 of 620 61 of 620 62 of 620 63 of 620 64 of 620 65 of 620 66 of 620 67 of 620 68 of 620 69 of 620 70 of 620 71 of 620 72 of 620 73 of 620 74 of 620 75 of 620 76 of 620 77 of 620 78 of 620 79 of 620 80 of 620 81 of 620 82 of 620 83 of 620 84 of 620 85 of 620 86 of 620 87 of 620 88 of 620 89 of 620 90 of 620 91 of 620 92 of 620 93 of 620 94 of 620 95 of 620 96 of 620 97 of 620 98 of 620 99 of 620 100 of 620 101 of 620 102 of 620 Bid 16-52, Up-Fit a Fleet Service Truck, M/W/EBE Waiver 07.25.2016 To: Erika Storlie, Deputy City Manager/Director of Administrative Services Rickey A. Voss, Parking/Fleet Manager From: Tammi Nunez, Purchasing Manager Subject: Bid 16-52 Up-Fit a Fleet Service Truck Date: July 25, 2016 The goal of the Minority, Women, and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City has established a 25% M/W/EBE subcontracting participation goal for general contractors. However, Bid 16-52, the contract to Up-Fit a Fleet Service Truck precludes subcontracting opportunities. Therefore, a waiver is granted. CC: Martin Lyons, Assistant City Manager/Chief Financial Officer - Memorandum 103 of 620 For City Council meeting of July 27, 2016 Item A3.2 Business of the City by Motion: Professional Account Management Renewal For Action To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Martin Lyons, Assistant City Manager/CFO Erika Storlie, Deputy City Manager/Director of Administrative Services Rickey A. Voss, Parking/Fleet manager Alex Thorpe, Revenue Manager Subject: Professional Account Management Optional Year Renewal Date: June 24, 2016 Recommended Action: Staff recommends that the City Council authorize the City Manager to exercise a one (1) year optional contract extension with Professional Account Management, LLC, a division of Duncan Solutions, Inc. (633 W. Wisconsin Avenue, Suite 1600, Milwaukee, WI). Professional Account Management administers the outsourced portion of the City’s parking ticket management and payment processing functions. This contract is on a per ticket basis; 2015 actual expenses were $319,809. The renewal price per ticket is $0.657 which is a 10% reduction from the original 2008 contract price of $0.73. There is no price increase or decrease from last year. The contract term was for three (3) years with one (1) optional renewal year effective August 1, 2013, making this the final year of the agreement. Funding Source: Citation and Secondary Processing (Account 100.15.1560.62449) 2016 Budget $320,000 Summary: On January 15, 2008 the City entered into a contract with Professional Account Management, LLC for the outsourcing City’s parking ticket management and payment processing functions. The contract term was for three (3) years with two (2) optional renewal years. A second three (3) year contract with one (1) optional renewal year was effective August 1, 2013. The objective of the one (1) year optional renewal contract proposal is to maintain services this year while City Staff begins the evaluation of a new service delivery model and/or a new vendor through an RFP process. Professional Account Management will continue to include payment processing by mail, telephone or the Internet as well as all license plate lookups, noticing, lockbox processing and the management of citations Memorandum 104 of 620 that require administrative adjudication (walk-in payments and those received through the Civic Center Payment Box will still be processed by the City Collector’s Office). Outsourcing these functions is cost effective and has resulted in a superior citation processing service. The entire payment collection process will remain with Professional Account Management, LLC. This includes the receipt of mailed payments, posting of payments, depositing of receipts into a City bank account, processing of notices, and scheduling administrative adjudication hearing dates. Customers will continue to have access to an Internet-based credit card payment option and 24-hour telephone payment as another payment choice. Customers that come to the Civic Center to pay would be transparent as the City would maintain the ability to receive citation payments over the counter and post them in real time to Professional Account Management’s system via the Internet. Additionally, outsourcing is a reliable and proven way of increasing our collection rate. At the original contract’s inception the collection rate at the City was 78%. The current clearance rate is 88.6%. Our objective is to continue to work with the firm each year to increase the collection rate through improvements in technology, training, noticing, secondary collections, customer service, and collection of out-of-state license plate information. Under the terms of the extended contract, Professional Account Management, LLC will continue their reduced charge to the City by 10% over the original contract assuming the same volume of transactions are being processed. The partnership has proven to be successful and has enhanced the City’s ability to improve efficiencies in parking citation management and collection. The continuing partnership will enhance the City’s efforts to promote a more efficient, cost-effective and customer- friendly government. Legislative History http://www.cityofevanston.org/assets/CCAP%207.15.13%20ce.pdf 105 of 620 For City Council meeting of July 25, 2016 Item A3.3 Business of the City by Motion: NU Parking on Evanston/Wilmette Golf Course For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Lawrence Hemmingway, Director, Parks, Recreation & Community Services Subject: Three year agreement for Northwestern Football Parking on the Evanston Wilmette Golf Course during Home Football Games Date: July 25, 2016 Recommended Action: Staff recommends approval of the Evanston Wilmette Golf Course Association’s (EWGCA) request for a new three year agreement (2016, 2017 and 2018 seasons) to continue to park cars on holes 1, 2, 11 and 12 of the golf course during Northwestern University home football games. The only major change from the prior agreement is that Northwestern has requested a minimum of four hour pre-game parking as opposed to three hours. Funding Source: N/A Summary: According to the Metropolitan Water Reclamation District (MWRD) lease agreement with the City, the EWGCA, a sub-lessee, must gain approval from City Council in order to use the lands in the agreement for any use other than its original purpose (including both the actual course and the main parking lot area). The EWGCA has gained approval from City Council for Northwestern University to park cars on the golf course during their home football games, for the past eight years. This parking arrangement between EWGCA and Northwestern University is important for EWGCA because it provides the needed revenues to help maintain operations at golf course. Northwestern University will offer parking at the golf course (holes 1, 2 and 11) for their season ticket holders only. No single-game parking passes will be sold. The dates of the 2016 home games are: September 2, 10, 17, 24; October 22; and November 5, 26. The parking lots would open four (4) hours prior to the start of the game and close two (2) hours after the end of the game. Memorandum 106 of 620 Below is a summary of the major provisions that Northwestern University would be required to follow as part of this agreement: 1. Parking would once again be allowed at holes 1, 2 and 11; 2. Tailgating will be allowed at holes 1, 2 and 11 only; 3. Alcohol would be allowed during tailgating on holes 1, 2, and 11, up to 4 hours before game time. 4. Insure that parking passes will be made available to season ticket holders only, whose addresses and identities are known, and who receive regular communication from NU Athletics. No single-game parking passes will be sold. 5. Provide season ticket holders with the parking and tailgating policies, which includes the rules about use of the golf lot and penalties for failure to comply. 6. Provide temporary lighting for all night games 7. Provide the required certificate of insurance and indemnification naming the necessary EWGCA and City of Evanston parties as an additional insured. 8. Northwestern University will pay the EWGCA a minimum amount of $35,000 for access to the golf course parking area for the home football games in the seasons. Additionally, any remaining funds generated each season from parking pass sales, less operational expenses incurred by the University, will be determined solely by the University and submitted to EWGCA no later than February 1 of the year following each season, but the amount of such remaining funds will be no less than $17,500 for each season. 9. A maximum of 200 parking passes will be made available for the season for holes 1, 2 and 11 each. 10. Insure that parked cars vacate lots within an agreed time frame after each game (2 hours) 11. Northwestern University will be responsible for making repairs caused by parking on the golf course. 12. Provide access to the parking site four hours prior to the games on the agreed upon dates and will line the area for parking prior to game day. 13. Northwestern University will provide the following staffing and logistical elements for each date of the agreement: a. An appropriate number of security staffing b. Staffing to direct parking and control traffic flow before and after each game c. An appropriate number of trash, recycling receptacles and dumpsters in the lots d. Staffing for litter clean-up within a set timeframe following each game (2 hours) e. An appropriate number of portable restroom facilities in the lots and have them picked up within 24 hours after each home game The EWGCA will offer parking at the golf course (hole 12) during Northwestern home football games. The parking lot would open four (4) hours prior to the start of the game and close two (2) hours after the end of the game. 107 of 620 Below is a summary of the major provisions that EWGCA would be required to follow as part of this agreement: 1. The EWGCA will again provide parking on hole 12. 2. This parking operation will be totally managed by the EWGCA. 3. No tailgating or alcoholic beverages will be permitted on hole 12. 4. Parking will be permitted 4-hrs before game time. 5. Cars must be gone 2 hours after game ends. 6. Provide temporary lighting for all night games. 7. Provide trash containers and recycling receptacles. 8. Provide cleanup of trash and litter within 2 hours after each game 9. Provide portable restroom facilities and have them picked up within 24 hours after each game. 10. The EWGCA will be responsible for obtaining an alcohol permit for alcohol being allowed during tailgating on holes 1, 2, and 11. 11. The EWGCA will provide a certificate of insurance and indemnification to the City of Evanston. Attachment: Letter of Agreement 108 of 620 LETTER OF AGREEMENT This Letter of Agreement (the “Agreement”) is made and entered into as of this __ day of July, 2016 (the “Effective Date”) by and between THE EVANSTON WILMETTE GOLF COURSE ASSOCIATION (“Association”) and NORTHWESTERN UNIVERSITY on behalf of its Department of Athletics and Recreation (the “University”). The Association is an Illinois not-for-profit corporation having an address at 1030 Central Street, Evanston, IL 60201, operating a golf course at such place (“Golf Course”). The University is a higher educational institution having an address at 633 Clark Street, Evanston, IL 60208. The Association and the University may be hereinafter referred to individually as a “Party” and collectively as the “Parties.” Be it agreed: 1. The University is hereby granted access by the Association to defined areas of the golf course for the purpose of parking vehicles during University home football games for the 2016 through 2018 football seasons, as more fully described herein. The agreement that was concluded by the Parties with an effective date of September 1, 2015 and that governed the University and Association parking arrangement through the 2016 football season is hereby rescinded and is superseded by the terms set forth in this Agreement. 2. The defined areas, for which the aforementioned access is granted to the University for vehicle parking, are the Golf Course fairways and fairway rough areas, excluding greens and tee boxes, on: a. Golf Course hole #1 b. Golf Course hole #2 c. Golf Course hole #11, and d. at the discretion of the Association, the Golf Course parking lot area (on the west side of the CTA tracks, north of Chandler Newbury and the American Legion building) as was done in prior years. (the areas defined above are hereinafter collectively referred to as “Golf Course Parking Area”) 3. Please note that the Association also provides parking to the general public on a per game as-available basis on hole #12 of the Golf Course. This parking area is staffed, maintained and controlled solely by the Association, and no tailgating is permitted in that area. 4. Access will be granted for seven home football games on the following dates in 2016: 109 of 620 Saturday, September 3, 2016 Western Michigan Broncos Saturday, September 10, 2016 Illinois State Redbirds Saturday, September 17, 2016 Duke Blue Devils Saturday, September 24, 2016 Nebraska Cornhuskers Saturday, October 22, 2016 Indiana Hoosiers Saturday, November 5, 2016 Wisconsin Badgers Saturday, November 26, 2016 Illinois Fighting Illini The University shall provide the Association with the dates of the home football games for the 2017 and 2018 seasons as soon as these dates become available. 5. The University will provide parking passes for the Golf Course Parking Area to season ticket holders only, and specifically season ticket holders whose addresses and identities are known and who receive regular communication from NU Athletics. No single game parking passes may be sold by the University. The maximum number of 150 season parking passes will be made available for holes 1, 2 and 11, each. 6. The University will be responsible for all costs for materials and labor to repair any damage to any area of the Golf Course. The Association will provide the materials and labor for any repairs and provide an invoice to the University on a monthly basis to be paid within 20 days of the following month. If there is extensive damage, the Association and University will confer and agree upon reasonable actions to remedy the situation. 7. The University will provide, at its expense, all staffing and logistical elements for each game date during the term of this Agreement. This obligation will include engaging an appropriate number of security staff to monitor tailgating and engaging personnel to direct traffic onto the Golf Course before and after each game and to provide for traffic flow onto local streets so that local residents are not disaffected. More specifically, the University shall engage qualified personnel to supervise ingress and egress onto the Golf Course Parking Area beginning at least four hours prior to each game and ending at least two hours after each game or until the last vehicle is removed from the Golf Course Parking Area. 8. The Association will provide the University with access to the sites for parking and restoration work, as needed. The University shall line the area for parking prior to game day and will supervise all vehicles and pedestrians entering and exiting the Golf Course. The University must ensure that vehicles do not enter the designated Golf Course Parking Area more than four hours prior to each game and that these vehicles leave within two hours after the end of each game. The University recognizes and acknowledges that the City of Evanston has the power and authority to restrict or even prohibit the tailgating activities and consumption of alcohol on the Golf Course, and that the Association provides no assurance that such activities and alcohol consumption will be permitted on any given game day. Northwestern University Athletics will provide season ticket holders with the Parking and Tailgating Policies, which includes the rules about use of the golf lot and penalties for failure to comply. 110 of 620 The Association and the University agree to abide by all applicable laws, rules and regulations of the City of Evanston, including but not limited to: alcoholic liquor sale, possession, consumption and serving. 9. The University will provide, at its expense, an appropriate number of trash and recycling receptacles throughout the Golf Course Parking Area and make arrangements for its staff to pick up all litter within two (2) hours following each game. 10. The University will provide, at its expense, adequate restroom facilities on the Golf Course, in locations to be agreed upon by the University and the Association, in order to accommodate the anticipated number of attendees. The restroom facilities on the 11th hole area will be removed after each game once they have been serviced. All portable facilities will be removed from the Golf Course no later than December 1 of each year. 11. The University will provide, at its expense, lights for all late afternoon or night games. All lighting will be removed within 24 hours after each game. 12. The Association will make the Golf Course Parking Area available to the University for season pass holders on each game day regardless of weather conditions. In the event of extreme weather conditions as determined by the Association, the Parties will designate representatives to meet prior to the opening of the Golf Course to make a determination as to the desirability/feasibility of parking. The Association retains the final decision to allow vehicles to park on the Golf Course and Golf Course Parking Area. 13. The University will provide a certificate of insurance to the Association naming the Association and the City of Evanston as additional insureds, and the University will indemnify and defend the Association, including its directors, officers, employees and agents, and the City of Evanston, including its City Manager, directors, employees and agents, against any liability related to this Agreement resulting solely from the University’s gross negligence or willful misconduct. + possible amount of coverage added here per CoE Legal 14. This Agreement will remain in effect from the Effective Date through the 2018 season, unless sooner terminated in accordance with its terms. 15. No later than September 7 of each year, the University shall pay the Association a minimum amount of $35,000 for access to the Golf Course Parking Area for the home football games in the seasons noted under item 4 above. The remaining funds generated each season from parking pass sales, less operational expenses incurred by the University, will be determined solely by the University and submitted to the Association no later than February 1 of the year following each season, but the amount of such remaining funds will be no less than $17,500 for each season. 111 of 620 IN WITNESS WHEREOF, the Parties have caused their duly authorized representatives to execute this Agreement as of the Effective Date. For Northwestern University For The Evanston Wilmette Golf Course Association Name: Open Name: Daniel P. Wikel Signature:_________________________ Signature: Title: Senior VP for Business and Finance Title: Treasurer Date:_____________________________ Date:_____________________________ 112 of 620 For City Council meeting of July 25, 2016 Item A3.4 Business of the City by Motion: Special Event Permit Request For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Lawrence C. Hemingway, Director, Parks, Recreation & Community Services Subject: Special Event Permit Requests Date: July 25, 2016 Recommended Action: Staff recommends approval of the special event permit applications received from Rotary of Club of Evanston (Rotary Peace Festival), Citizens’ for Greener Evanston (Meet our Community Resource Fair & Concert) and McGaw YMCA (MetaMedia Maker Fair). Funding Source: Costs for city services provided for events require a 100% reimbursement from the sponsoring organization or event coordinator. These fees are waived for City events and City co-sponsored Events. Summary: Lakefront Park events of 100 participants or more and non-lakefront park events of 250 participants or more require Human Services Committee and City Council approval. Non-park events with 250 participants or more and/or requiring a street closure, (with exception of block parties) require Administration and Public Works Committee and City Council approval. Event for approval by the Administration and Public Works Committee McGaw YMCA’s MetaMedia Maker Fair – Sat, Aug 13 from 1pm – 3pm The MetaMedia Maker Fair is a FREE event that shines the spotlight on youth makers and engineers. They’d like to close a small portion of Maple St (1505 Maple St to corner of Maple and Grove) to display the MetaMedia’s offerings of STEAM (science, technology, engineering, arts, and math). There will be maker tinkering stations, MetaMedia Showcase and 6th-8th grade invention challenges. Memorandum 113 of 620 Events for approval by the Human Services Committee The following park events are being forwarded to the Administration and Public Works Committee for consideration of approval in order to allow the event coordinator enough time to proceed with and promote their event if approved. Citizens’ for Greener Evanston’s Meet our Community Resource Fair & Concert – Sat, Aug 27 from 12pm – 8pm The resource fair and concert would be held in Twiggs Park with the goal of drawing people throughout Evanston to interact with each other and enjoy food and music. In addition, a wide variety of local organizations will set up outreach booths to address the need for jobs, mental health care, job training and more. Rotary Club of Evanston’s Rotary Peace Festival – Sun, Sept 25 from 12pm – 4pm The festival would take place in the International Friendship Garden to showcase community organizations and Evanston leaders working together on local peace efforts and feature community peace conversations for attendees of all ages. The fest will include food vendors, meditation and yoga circles, community organization booths, games, music entertainment and student peace art exhibitions will offer many activities for various age groups. There will also be a bike corral set up for those who may be coming straight from the Bike the Ridge event. ------------------------------------------------------------------------------------- Attachments: Event Permit Applications 114 of 620 115 of 620 116 of 620 117 of 620 118 of 620 119 of 620 120 of 620 121 of 620 122 of 620 123 of 620 124 of 620 125 of 620 126 of 620 For City Council Meeting of July 25, 2016 Item: A3.5 Business of the City by Motion, NaKorn Restaurant - Sidewalk Café For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee (A&PW) From: Mark Muenzer, Director of Community Development Gary Gerdes, Building & Inspection Services Division Manager Subject: NaKorn Restaurant – Sidewalk Cafe Date: July 19, 2016 Recommended Action Staff recommends City Council approval of first-time application for a sidewalk café permit for NaKorn Restaurant, a Type 1 Restaurant located at 1622 Orrington Avenue. Background NaKorn Restaurant is a new restaurant specializing in traditional Thai food. The restaurant is projected to open in August. The sidewalk café will consist of ten tables with two seats for a seating capacity of twenty. The café will operate Monday – Saturday 11:00 a.m. – 9:00 p.m. and Sunday 11:00 a.m. – 8:00 p.m. Summary The Community Development Department, along with Health, Public Works and Law, has reviewed the application and site layout and recommend approval of the sidewalk café permit. Attachments Sidewalk Café Application and Site Plan Memorandum 127 of 620 128 of 620 129 of 620 130 of 620 131 of 620 132 of 620 133 of 620 134 of 620 135 of 620 136 of 620 137 of 620 For City Council meeting of July 25, 2016 Item A3.6 Business of the City by Motion: 2016 CDBG Street Resurfacing and SNAP Lighting For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Lara Biggs, P.E., Bureau Chief – Capital Planning / City Engineer Dan Manis, P.E., Senior Project Manager Subject: Approval of Contract for 2016 CDBG Street Resurfacing and SNAP Lighting Contract (Bid No. 16-51) Date: July 11, 2016 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract for the 2016 Community Development Block Grant (CDBG) Street Resurfacing and SNAP Lighting project (Bid No. 16-51) with A. Lamp Concrete Contractors, Inc. (1900 Wright Blvd, Schaumburg, IL) in the amount of $388,628.00. Funding Source: Funding will be provided from CDBG Funds (Account 415.40.4216.65515) in the amount of $205,000 and from the 2016 CIP GO Bond Fund (Account 415.40.4116.65515) in the amount of $5,419.50. Background Information: This project consists of the improvement of two streets through the use of the City’s CDBG Funds. Work includes repair of concrete curbing, replacement of sidewalk curb ramps as needed, base repairs, asphalt resurfacing and related parkway restoration. The construction plans and specifications were completed in-house by the Capital Planning & Engineering Bureau staff. The streets included in the 2016 CDBG Program are listed below. 2016 CDBG Street Resurfacing Project Street From To Grey Street Emerson Street Foster Street Cleveland Street Dewey Avenue Dodge Avenue Memorandum 138 of 620 The City will also be installing additional streetlights as part of the SNAP lighting program funded by CDBG. Lights will be installed in the following locations (selected in conjunction with recommendations from the Evanston Police Department): • Payne Street, cul de sac to Dewey Avenue • Dewey Avenue, Payne Street going north to cul de sac Additional contract items include infrastructure to install a police camera on Mulford Street east of Callan Avenue, and speed humps in various locations. Analysis: This bid was advertised on Demandstar and in the Pioneer Press. Bids for this project were received and publicly read on June 28, 2016. Two contractors submitted bids for this project as follows. Contractor Address A. Lamp Concrete Contractors, Inc. 1900 Wright Blvd, Schaumburg, IL 60193 J.A. Johnson Paving Company 1025 E. Addison Ct, Arlington Heights, IL 60005 The submitted bids cannot be withdrawn or canceled for a period of sixty (60) calendar days following the bid opening. The bids were reviewed by Dan Manis, Senior Project Manager. Attached is a bid tabulation showing the detailed bid results. A summary of the bid pricing received was as follows: Contractor Total Bid Price A. Lamp Concrete Contractors, Inc. $ 388,628.00 J.A. Johnson Paving Company $ 395,650.00 A. Lamp has completed various projects for the City, and staff has found their work to be satisfactory. They have completed previous projects on time and within budget. Therefore, staff recommends that the contract be awarded to A. Lamp for a total amount of $388,628.00. This project is scheduled to begin in August 2016 and be completed in September 2016. This project is not Local Employment Program eligible due to the use of CDBG funds. The bid proposal indicated intent to partially meet the City’s M/W/EBE program goal. A memo reviewing compliance with the City’s M/W/EBE program goals is attached. Attachments: Bid Tabulation Location Map Memo on M/W/EBE Compliance, dated 7/25/16 139 of 620 CITY OF EVANSTONTABULATION OF BIDS FOR2016 CDBG STREET RESSURFACING AND SNAP LIGHTING PROJECT PW-RS/SL-1606 DATE: 6/28/16 TIME: 2:00 P.M. ATTENDED BY: DM, PA Item No.Items Unit Quantity Unit Price Cost UNIT PRICE TOTAL UNIT PRICE TOTAL 1 Temporary Fence Foot 895 3.00$ 2,685.00$ $1.00 $895.00 $2.25 $2,013.75 2 Tree Trunk Protection Each 13 200.00$ 2,600.00$ $10.00 $130.00 $115.00 $1,495.00 3 Earth Saw Cuts of Tree Roots (Root Prunning)Foot 385 7.00$ 2,695.00$ $2.00 $770.00 $7.00 $2,695.00 4 Tree Crown Prunning Each 56 130.00$ 7,280.00$ $100.00 $5,600.00 $150.00 $8,400.00 5 Thermoplastic Pavement Marking Line-4”Foot 395 2.00$ 790.00$ $1.50 $592.50 $1.35 $533.25 6 Thermoplastic Pavement Marking Line-6”Foot 440 2.00$ 880.00$ $2.25 $990.00 $2.00 $880.00 7 Thermoplastic Pavement Marking Line-8"Foot 570 5.00$ 2,850.00$ $3.00 $1,710.00 $2.70 $1,539.00 8 Thermoplastic Pavement Marking Line-24”Foot 105 10.00$ 1,050.00$ $9.00 $945.00 $8.00 $840.00 9 Epoxy Pavement Marking Line-4"Foot 560 10.00$ 5,600.00$ $8.25 $4,620.00 $7.40 $4,144.00 10 Earth Excavation Cu.Yd.1 80.00$ 80.00$ $50.00 $50.00 $275.00 $275.00 11 Furnishing and Placing Topsoil, 3”Sq.Yd.805 6.00$ 4,830.00$ $1.00 $805.00 $5.88 $4,733.40 12 Sodding, Salt Tolerant Sq.Yd.805 10.00$ 8,050.00$ $4.00 $3,220.00 $11.00 $8,855.00 13 Sub-Base Granular Material, Type B (Temporary Use)Cu.Yd.4 35.00$ 140.00$ $1.00 $4.00 $42.00 $168.00 14 Aggregate Base Course, Type B, 4”Sq.Yd.85 8.00$ 680.00$ $10.00 $850.00 $6.00 $510.00 15 HES PCC Base Course Widening, 9”Sq.Yd.20 75.00$ 1,500.00$ $80.00 $1,600.00 $150.00 $3,000.00 16 Bituminous Material (Prime Coat)Gal.780 1.00$ 780.00$ $1.00 $780.00 $0.01 $7.80 17 Aggregate (Prime Coat)Ton 16 25.00$ 400.00$ $1.00 $16.00 $1.00 $16.00 18 Mixture for Cracks, Joints and Flangeways Ton 4 500.00$ 2,000.00$ $250.00 $1,000.00 $400.00 $1,600.00 19 Leveling Binder, (Mach Meth) N50 (IL 9.5mm)Ton 208 95.00$ 19,760.00$ $140.00 $29,120.00 $103.50 $21,528.00 20 Hot-Mix Asphalt Surface Removal - Butt Joints Sq.Yd.170 10.00$ 1,700.00$ $15.00 $2,550.00 $6.00 $1,020.00 21 Hot-Mix Asphalt Surface Course, Mix"D", N50(IL 9.5mm)Ton 435 95.00$ 41,325.00$ $140.00 $60,900.00 $99.50 $43,282.50 22 Incidental Hot-Mix Asphalt Surfacing Ton 81 325.00$ 26,325.00$ $150.00 $12,150.00 $305.00 $24,705.00 23 PCC Sidewalk, 5”Sq.Ft.2,830 7.00$ 19,810.00$ $8.00 $22,640.00 $8.00 $22,640.00 24 Hot-Mix Asphalt Surface Removal (Variable Depth)Sq.Yd.3,670 6.00$ 22,020.00$ $6.00 $22,020.00 $5.05 $18,533.50 25 Pavement Removal Sq.Yd.29 24.00$ 696.00$ $15.00 $435.00 $30.00 $870.00 26 Driveway Pavement Removal Sq.Yd.60 18.00$ 1,080.00$ $15.00 $900.00 $15.50 $930.00 27 Curb Removal Foot 535 7.00$ 3,745.00$ $5.00 $2,675.00 $2.00 $1,070.00 28 Combination Curb and Gutter Removal Foot 200 7.00$ 1,400.00$ $5.00 $1,000.00 $4.00 $800.00 29 Sidewalk Removal Sq.Ft.2,830 2.00$ 5,660.00$ $2.00 $5,660.00 $2.00 $5,660.00 30 Class B Patches, Special, 9” (HES)Sq.Yd.50 90.00$ 4,500.00$ $50.00 $2,500.00 $150.00 $7,500.00 31 Class D Patches, Special, 9”Sq.Yd.35 100.00$ 3,500.00$ $50.00 $1,750.00 $95.00 $3,325.00 32 Temporary Hot-Mix Asphalt Ton 2 200.00$ 400.00$ $200.00 $400.00 $200.00 $400.00 33 Fiberglass Fabric Repair System Sq.Yd.90 50.00$ 4,500.00$ $45.00 $4,050.00 $35.00 $3,150.00 34 Catch Basins To Be Adjusted Each 3 450.00$ 1,350.00$ $500.00 $1,500.00 $625.00 $1,875.00 35 Manholes To Be Adjusted Each 5 500.00$ 2,500.00$ $500.00 $2,500.00 $725.00 $3,625.00 36 Manholes To Be Reconstructed Each 2 1,600.00$ 3,200.00$ $1,500.00 $3,000.00 $1,600.00 $3,200.00 37 Valve Vaults To Be Adjusted Each 1 450.00$ 450.00$ $500.00 $500.00 $725.00 $725.00 38 Valve Boxes To Be Adjusted Each 3 350.00$ 1,050.00$ $250.00 $750.00 $625.00 $1,875.00 39 Frames and Lids, Type-1, Closed Lid Each 5 400.00$ 2,000.00$ $500.00 $2,500.00 $400.00 $2,000.00 40 Concrete Curb, Type B (AEP-Modified)Foot 360 26.00$ 9,360.00$ $25.00 $9,000.00 $35.00 $12,600.00 41 Comb. Conc. C&G Type B6.12 (AEP-Modified)Foot 375 27.00$ 10,125.00$ $25.00 $9,375.00 $45.00 $16,875.00 42 Detectable Warnings Sq.Ft.105 40.00$ 4,200.00$ $35.00 $3,675.00 $42.50 $4,462.50 43 Removing and Resetting Pavers Sq.Ft.40 20.00$ 800.00$ $20.00 $800.00 $18.00 $720.00 44 Remove and Replace Lawn Sprinkler System Foot 180 15.00$ 2,700.00$ $20.00 $3,600.00 $20.00 $3,600.00 45 Lighting Unit, Aluminum Davit Arm Pole (2 Piece Unit), 250 Watt, Luminaire, 30 Foot Mounting Height, Complete (Luminaire Supplied by City)Each 1 5,500.00$ 5,500.00$ $3,850.00 $3,850.00 $2,000.00 $2,000.00 46 Lighting Unit, Aluminum Davit Arm Pole (2 Piece Unit), 250 Watt, Luminaire, 25 Foot Mounting Height, Complete (Luminaire Supplied by City)Each 6 4,600.00$ 27,600.00$ $3,500.00 $21,000.00 $1,900.00 $11,400.00 47 Concrete Foundation Each 7 1,100.00$ 7,700.00$ $1,925.00 $13,475.00 $925.00 $6,475.00 48 Galvanized Steel Conduit, 2" Diameter, Attached to Power Pole Foot 20 30.00$ 600.00$ $11.00 $220.00 $32.00 $640.00 49 Galvanized Steel Conduit, Pushed 2 1/2" Diameter Foot 128 30.00$ 3,840.00$ $38.50 $4,928.00 $55.00 $7,040.00 50 Trench and Backfill Foot 240 8.00$ 1,920.00$ $8.80 $2,112.00 $7.00 $1,680.00 51 Auger Wire Hole Foot 570 12.00$ 6,840.00$ $14.30 $8,151.00 $7.00 $3,990.00 52 Service Installation Each 1 2,500.00$ 2,500.00$ $1,045.00 $1,045.00 $900.00 $900.00 53 Electric Cable, in 1" Unit Duct, for Mounted Camera Foot 120 6.00$ 720.00$ $4.40 $528.00 $7.50 $900.00 54 Electric Cable, In 1'' Unit Duct, 2-1/C No. 6 XLP Strand, 600 Volt, and 1-No. 8 Bare Ground StrandFoot1,020 7.00$ 7,140.00$ $6.60 $6,732.00 $3.50 $3,570.00 55 Precast Concrete Handhole Each 3 1,000.00$ 3,000.00$ $1,800.00 $5,400.00 $525.00 $1,575.00 56 Remove Existing Electric Cable From Unit Duct Foot 970 1.50$ 1,455.00$ $0.25 $242.50 $1.00 $970.00 57 Remove Existing Lighting Unit, Tallmadge Pole and Luminaire CompleteEach 5 600.00$ 3,000.00$ $935.00 $4,675.00 $420.00 $2,100.00 58 Concrete Foundation Removal, Partial Each 5 500.00$ 2,500.00$ $418.00 $2,090.00 $450.00 $2,250.00 59 Handhole Removal, Complete Each 1 400.00$ 400.00$ $275.00 $275.00 $250.00 $250.00 60 Street Sweeping Each 5 500.00$ 2,500.00$ $400.00 $2,000.00 $600.00 $3,000.00 61 Supplemental Watering Unit 7 85.00$ 595.00$ $1.00 $7.00 $85.00 $595.00 62 Short Term Pavement Marking Line-4" (Tape Type 1)Foot 180 1.00$ 180.00$ $1.50 $270.00 $0.01 $1.80 63 Special/Non Special Waste Disposal Cu.Yd.10 100.00$ 1,000.00$ $10.00 $100.00 $275.00 $2,750.00 64 Soil Disposal Analysis Lump Sum 1 4,000.00$ 4,000.00$ $1,000.00 $1,000.00 $2,500.00 $2,500.00 65 Mobilization Lump Sum 1 18,000.00$ 18,000.00$ $40,000.00 $40,000.00 $23,000.00 $23,000.00 66 Traffic Control and Protection Lump Sum 1 15,000.00$ 15,000.00$ $40,000.00 $40,000.00 $69,386.50 $69,386.50 355,036.00$ $388,628.00 $395,650.00 $388,628.00 $395,650.00 NAME AND ADDRESS OF BIDDERS J.A. JOHNSON PAVING CO. 1025 E. ADDISON COURT APPROVED ENGINEER'S ESTIMATE ALAMP CONCRETE CONTRACTORS, INC. 1900 WRIGHT BLVD. SCHAUMBURG, IL 60193 ARLINGTON HEIGHTS, IL 60005 TOTAL BID AS READ AS CORRECTED 140 of 620 McCORMICK BLVDSH E R IDAN RD PARK PL ASHLAND AVEDODGE AVEHURD AVEGIRARD AVELEE STOAK AVE SHERIDAN PL RIDGE CTG R E E N B A Y R D THAYER ST PRATT CTGRANT JENKS ST HAVEN ST PAYNE ST LEON PL P O P L A R A V E GREY AVEHARRISON ST PR A I R I E A V E REBA PL COLFAX ST LEMAR AVEMARCY AVEDAVIS S T MAPLE AVEHARTZELL ST LIBRARY PL SIMPSON ST CLYDE AVEBROWN AVEGREELEYPITNER ALYLAUREL AVEHINMAN AVEDEWEY AVEEWING AVECOWPER AVEKIRK STHOVLAND CTJUDSON AVEGARRETT PLARBORLN FOREST AVEINGLESIDE PK GREY AVEST. MARK'S CTEMERSON ST CAMPUS DRSHERMAN AVEWILDER ST MILBURN PKGARRISON AVETHELIN CT FOREST PLASBURY AVEMICHIGAN AVEWESLEY AVELELAND AVECENTRAL ST CALLAN AVERIDGE TER HULL TER HOWARD ST ISABELLA ST GROSS POINT RDCUSTER AVEEMERSON ST LYONS ST FOWLER AVECLARK S T DARROW AVEPIONEER RDHASTINGS AVEHARTREY AVEBRUMMEL STPRINCETON AVEPROSPECT AVEHAMLIN ST PAYNE ELM AVECASE PLRIDGEWAY AVEMULFORD ST MICHIGAN AVELAWNDALE AVECHURCH S T CRAIN ST DEMPSTER STJACKSON AVEKEDZIE ST CLINTON PL McDANIEL AVEELMWOOD AVESEWARD ST R OS LYN P L E A S T R A I L R O A D A V E FLORENCE AVEBENSON AVESHERMAN PL CULVER FORESTVIEW RDMARTHA LNHAWTHORNE LN WADE CT BROWN AVECROFT LN COLFAX TER BROWNGREYBRI D G E ST CALVIN CIR BROWN AVERICHMOND AVENORMANDY PL WOODLAND RD ELINOR PL KEENEY ST SOUTH BLVD HAMILTON ST GREENWOOD ST UNIVERSITY PLREESE AVEAUTOBARN PL GAFFIELD PLLINCOLNWOOD DRCRAWFORD AVELEONARD PLCENTRAL PARK AVEBENNETT AVEMADISON PL BRADLEY PL GREENLEAF STWALNUT AVEROSALIE ST BURNHAM PL WARREN STLIVINGSTON WASHINGTON ST CLEVELAND ST MONTICELLO PL NATHANIEL PL HARVARD TERWOODBINE AVEMAPLE AVEDOBSON STDEWEY AVEDARROW AVEDEWEY AVEINGLESIDE PL RIDGE AVEASBURY AVEFOWLER AVEHARTREY AVECASE ST SOUTH BLVD ASHLAND AVESHERMAN AVELYONS ST STE W A R T A V EMARCY AVEWELLINGTON CTCLEVELAND ST MONROE ST LINDEN PL LAKE SHORE BLVDKNOX CIRHILLSIDE LN TRINITY CT SHERIDAN SQEDGEMERE CTG R E E N B A Y R D GARNETT PL CENTRAL ST HARRISON RIDGEAVEPAYNE ST WESLEY AVECHURCH ST HARTZELL ST P R A I R I E A V E DODGE AVEOAKTON ST SOUTH BLVD CRAINMcDANIEL AVEPITNER AVELEE ST ASHLAND AVEGROVE ST FOSTER ST ASBURY AVEBARTON AVEGRANT ST BRYANT AVEJUDSON AVESHERMAN AVECOLFAX ST ISABELLA ST DAVIS ST MAIN ST RIDGE AVEASBURY AVET H A Y E R C T THAYER ST ISABELLA ST HAYES DARTMOUTH PL COLFAX PL THAYERTHAYERST C R A W F O R D LINCOLNWOOD DRLIVINGSTON ST CHANCELLOR ST CHANCELLORLIVINGSTON MILBURN ST LAKESIDE CT EUCLIDPARK PL WESLEYCLARK STLYONS ST GREY AVEDEWEY AVEPAYNE ST MAIN STDODGE AVECENTRAL ST McDANIEL AVEEWING AVESHERIDAN RDBRUMMEL STPITNER AVELINCOLN ST HINMAN AVE SEWARD ST WESLEY AVECENTRAL ST KEENEY ST RIDGE AVEOAK AVEJACKSONSHERMAN AVEDOBSON ST LINCOLN ST SEWARD STDARROW AVEGREY AVEPARK PL NOYES ST LAKE ST THAYER ST WASHINGTON ST LAKE STMcDANIEL AVEBROWN AVEAUSTIN STASHLAND AVEWESLEY AVETECH DR NOYES CTHAMPTON PKYOTTO LNBERNARD PLMEADOW-LARK LNRIDGE AVEELGI N R D ELMWOOD AVECOLFAX ST HINMAN AVESIMPSON ST WESLEY AVEOAKTON ST SHERIDAN RD SHERIDAN RD DEMPSTER ST GREY AVELEE ST SIMPSON ST CHICAGO AVECHICAGO AVEBENNETT AVEMADISON ST KEENEY STOAKRIDGE AVESHERIDAN RDGRANT ST ASBURY AVEGROVE S T ELG I N R D FLORENCE AVEFOREST AVEDODGE AVEFOSTER ST MULFORD ST GREENLEAF ST HILLSIDE RD HARTREY AVEHARTREY AVEGREY AVEARNOLD PLPITNER AVELINCOLN ST McCORMICK BLVDFOSTER STGREENWOOD ST CALLANPARK PL JUDSON AVE NOYES ST DARROW AVEASHLAND AVEHARRISON ST HOWARD ST NOYES GLENVIEW RD PRINCETONCLIFFORD ST HIGHLAND AVELAWNDALE AVEDARTMOUTH PL ARTSCIRCLE DRORRINGTON AVEEASTWOOD AVEBROADWAY AVEWASHINGTON ST NORTHWESTERNPL DRYDEN PL NORTH SHORE CHANNELNORTH SHORE CHANNELLAKEMICHIGAN700400 500300600 800200 900 1002600 1700 310012001900 1000 130014002200 2300 11001800280015003600 20002400 2700 34002100 250029001600300032003300 300600 2800 1900 1000 2700 400 2500 1400 800 1700 1600 700220024001400 200500 140020023002000 700 8002600 1200 22001500 16001200100 150013001002900190010005002100 220024001100 1100 2001300 28001000120026001500 2300 1800 2000700 300 900600400240025002000 13001800 300 800 6001100100 500 25002700 1600 17003500260017001800900190090021002300210040038003700SNAP Lighting Street Resurfacing Main Road Local Street Railroad Water City Boundary 0 0.5 10.25 Mile 1:31,680 1 inch = 0.5 mile 2016 CDBG Street Resurfacing and SNAP Lighting Project 7/19/2016 This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. 2016 CDBG Street Resurf_SNAP Light_BWltr.mxd ´ City of Evanston Public Works Agency 141 of 620 Bid 16-51, Approval of Contract for 2016 CDBG Street Resurfacing and SNAP Lighting Contract, M/W/EBE Memo 07.25.2016 To: David Stoneback, Public Work Agency Director Lara Biggs, Bureau Chief – Capital Planning / City Engineer Dan Manis, P.E., Senior Project Manager From: Tammi Nunez, Purchasing Manager Subject: Approval of Contract for 2016 CDBG Street Resurfacing and SNAP Lighting Contract, Bid 16-51 Date: July 25, 2016 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard to the recommendation for the 2016 CDBG Street Resurfacing and SNAP Lighting Contract, Bid 16-51, A Lamp Concrete Contractor’s total base bid is $388,628.00, and they will receive 25% credit for compliance towards the initial M/W/EBE goal. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Saray Trucking, Inc 701 Mill Street South Elgin, IL 60177 Trucking $10,169.75 2.6% X Precision Pavement Markings P.O. Box 705 Elgin, IL 60121 Markings $7,936.25 2% X Ozinga Ready Mix 2525 Oakton Street Evanston, IL 60202 Concrete $11,250.00 2.8% X Edmund & Nelson Company 1510 Sheldon Drive Elgin, IL 60120 Electrical $67,844.00 17.4% X Total M/W/EBE $97,200.00 25% CC: Martin Lyons, Assistant City Manager/CFO Memorandum 142 of 620 For City Council meeting of July 25, 2016 Item A3.7 Business of the City by Motion: 2016 Church and Maple Garage Repairs For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Lara Biggs, Bureau Chief – Capital Planning / City Engineer Stefanie Levine, Senior Project Manager Subject: 2016 Church Street and Maple Avenue Garage Repairs (Bid No. 16-43) Construction Contract Award Recommendation Date: July 25, 2016 Action: Staff recommends City Council authorize the City Manager to execute a contract for the 2016 Church Street and Maple Avenue Garage Repair Project (Bid No. 16-43) with Reliable & Associates Construction Co., Inc. (4106 S. Emerald Avenue, Chicago, Illinois) in the amount of $1,568,800. Funding Source: Funding will be provided from the Parking Fund and expenses will be tracked in the Capital Improvements Fund, Accounts 515.19.7005.616014 (Church Street Garage) and 515.19.7005.616015 (Maple Avenue Garage). This project was budgeted at $1,635,000 in FY 2016. An additional $52,160 will be required from the Parking Fund to award this contract. Background Information: On February 8, 2016, City Council awarded the design of the improvements at the Church Street and Maple Avenue Parking Garages to CTL Group. CTL prepared construction documents that include a variety of repairs to the Church Street and Maple Avenue Parking Garages. Improvements incorporated in the construction documents include the following: Church Street Garage (base bid) 1.Remove and replace deteriorated sealant joints 2.Install new joints to prevent future deterioration at select locations 3.Remove and replace cracked brick 4. Patch and repair damaged concrete Memorandum 143 of 620 5. Remove and replace aluminum storefront system ground level of north and south stairwells 6. Remove and replace deteriorated windows in elevator towers 7. Paint window framing at stair enclosures in the north and south stairwells 8. Remove and replace deteriorated steel doors and door frames 9. Clean prime and paint deteriorated steel lintels 10. Install battery backup for elevators which send elevators to ground floor level and open doors when power failures occur 11. Remove and replace deteriorated cast iron drain lines Maple Avenue Garage (base bid) 1. Install a janitorial sink in Fire pump room 2. Remove and replace deteriorated sealant joints 3. Repair deteriorated galvanized coating on metal components 4. Remove and replace cracked brick 5. Repair through wall flashings at northwest stair tower and 2 story stair tower on north elevation 6. Repair damaged concrete 7. Repair deteriorated post stressed end plugs 8. Paint doors and exterior stair enclosure walls 9. Install new soft joints to prevent future deterioration at select locations 10. Replace corroded conduit at exterior stairwell walls 11. Remove and replace deteriorated cast iron drain pipes 12. Replace obsolete UPS system 13. Replace obsolete fire alarm panel 14. Replace deteriorated exterior awnings on east elevation 15. Replace deteriorated grout in floor tile in all elevator lobbies Bid documents also included the following three alternate items: 1. Alternate 1 (Church Street Garage) – remove and replace steel frame windows and doors in both north and south stairwells with aluminum framed storefront. 2. Alternate 2 (Maple Avenue Garage) – repair through wall flashings at three stair towers and at a variety of masonry locations. 3. Alternate 3 (Maple Avenue Garage) – remove and repaint pavement striping on first three floors. Remove and replace waterproof traffic surface on the second floor. Summary: The bid was advertised on Demandstar and in the Pioneer Press. Bids for this project were received and publicly read on July 12, 2016. One contractor submitted a bid for this project as follows: Contractor Base Bid Alternate #1 Alternate #2 Alternate #3 Reliable & Associates Construction Co. Inc., 4106 S. Emerald Avenue, Chicago, Illinois 60609 $1,568,800 $150,000 $110,000 $115,000 144 of 620 The submitted bids cannot be withdrawn or canceled for a period of sixty (60) calendar days following the bid opening. The bids were reviewed by Stefanie Levine, Senior Project Manager. Because the bid is higher than the current available funding, staff is not recommending award of any of the three alternates. Reliable & Associates is compliant with the City’s M/W/EBE goal. The City’s consultant contacted Reliable & Associates’ references which indicate they have performed well on prior projects of similar or larger scope. Staff therefore recommends that the base bid be awarded to Reliable & Associates for a total amount of $1,568,800. A breakdown of funding for this project is as follows: Account Summary Project Funding (detailed above) $1,687,160 * Encumbrances / expenditures to date -$118,360 Recommended bid award -$1,568,800 Balance Remaining $0 * Encumbrances / expenditures to date include architectural/engineering services to design the project. Construction of this project is scheduled to begin in mid-August 2016. The current substantial completion deadline is December 30, 2016. Attachments: M/W/EBE Memo 145 of 620 Bid 16-43, 2016 Church Street and Maple Avenue Garage Repairs, M/W/EBE Memo 07.25.2016 To: David Stoneback, Public Works Agency Director Lara Biggs, P.E. Bureau Chief – Capital Planning / City Engineer Stefanie Levine, Senior Project Manager From: Tammi Nunez, Purchasing Manager Subject: 2016 Church Street and Maple Avenue Garage Repairs, Bid 16-43 Construction Contract Award Recommendation Date: July 25, 2016 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard to the 2016 Church Street and Maple Avenue Garage Repairs, Bid 16-43, Reliable & Associates Construction Company Inc.’s total base bid is $1,568,800.00, and they will receive 24% credit for compliance towards the initial M/W/EBE goal. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE MBB Enterprises of Chicago 3352 W. Grand Ave. Chicago, IL 60651 Masonry $308,000.00 24% X Total M/W/EBE $308,000.00 24% CC: Martin Lyons, Assistant City Manager/CFO Memorandum 146 of 620 For City Council meeting of July 25, 2016 Item A3.8 Business of the City by Motion: Rock Salt Purchase For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director James Maiworm, Bureau Chief of Infrastructure Maintenance Subject: Rock Salt Purchase Contract Award Date: July 19, 2016 Recommended Action: Staff recommends City Council approval of a one-year contract for the purchase of up to 7,500 tons of rock salt from the Morton Salt Company (123 N. Wacker Drive, Chicago, IL) at a cost of $51.21 per ton for a winter season total of $384,075. Funding Source: Funding for this purchase will be from the General Fund Snow and Ice Control (Account 100.40.4550.65015). Summary: In June of this year, staff solicited bids for the purchase of rock salt. The proposed contract is for a one-year period, with the right to negotiate to extend the contract for up to two additional, one-year periods. For the 2016/2017 season, salt is expected to be in good supply. Last season was below average in snowfall allowing salt supplies to be stable. Vendors were able to rebuild supplies that had diminished during the previous two winters. This has led to a significant decrease in pricing compared to the recent years. The bid specification includes a flexible quantity requirement that allows the City to either increase or decrease the actual delivered quantify by 30% of the estimated quantity. A flexible quantity clause for rock salt is a best industry practice that ensures municipalities can purchase what they need based on the actual winter weather condition. This clause requires the City to purchase up to 70% of the order (5,250 tons) and allows the City to purchase up to 130% of the order (up to 9,750 tons). Last year the City purchased 6,000 tons of salt. The City currently has 1,800 tons of salt left in storage from last year. Memorandum 147 of 620 Bid Summary Vendor Cost per ton Extended Price Morton Salt $51.21 $384,075 Compass Minerals $54.98 $412,350 Detroit Salt $54.99 $412,425 Cargill Salt $58.96 $442,200 Oakley Fertilizer $86.90 $651,750 Last season the City of Evanston paid $69.71 per ton for bulk salt. The cost per ton difference between last season and this season is $18.50. Staff therefore recommends approval of the contract award to Morton Salt for the 2016/2017 winter season. Attachments: Bid 16-58 Purchase Bulk Rock Salt Bid Tab 148 of 620 City of Evanston Bid Number: 16-58 Bid Opening: 2:00 p.m., Tuesday, July 19, 2016, Room 2404, Lorraine H. Morton Civic Center, 2100 Ridge Ave., Evanston, IL 60201 Company Name City/State Per Ton Price Total Base Bid Cargill Deicing Technology North Olmstead, OH $58.96 $442,200.00 Compass Minerals America, Inc.Overland Park, KS $54.98 $412,350.00 Morton Salt Chicago, IL $51.21 $384,075.00 The Detroit Salt Company Detroit, MI $54.99 $412,425.00 Oakley Fertilizer Inc.N. Little Rock, AR $86.90 $651,750.00 2016 Purchase of Rock Salt 149 of 620 For City Council meeting of July 25, 2016 Item A3.9 Business of the City by Motion: City’s Electricity Supply Agreement For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Kumar Jensen, Environmental Project Coordinator David Stoneback, Public Works Agency Director Subject: Approval of the City’s Electricity Supply Agreement (RFP 16-44) Date: July 25, 2016 Recommended Action: Staff recommends City Council approval of an Electricity Supply Agreement with the low, responsive and responsible proposer to RFP 16-44 to supply electrical energy to twenty-three (23) City-owned facilities beginning June, 2017. The low responsive and responsible proposer will be determined upon receipt of pricing on the morning of July 25, 2016, which will then be presented to Administration and Public Works Committee that night. Funding Source: The cost for electricity is billed to the various accounts that support the buildings/facilities that are purchasing electricity through this agreement. Please see attached Exhibit 1 that lists the buildings/facilities being serviced by this agreement and the accounts that are being charged. Background Information: The City entered into an Electricity Supply Agreement with MC Squared Energy Services in May, 2014. The agreement established a purchase price of $0.054890 per kilowatt hour (kWh) and a term through May, 2017. The Illinois Commerce Commission (ICC) has an approval process for companies that want to supply electricity in the State of Illinois. The Public Works Agency prepared a Request for Proposal (RFP 16-44) to obtain indicative pricing from Alternate Retail Electric Suppliers (ARES) listed on the website. Analysis: In May, 2016 RFP 16-44 was issued to the ARES listed on the ICC website. Four proposals were received on June 21, 2016 in response to the RFP as listed below: Memorandum 150 of 620 Supplier Address Dynegy Energy Services, LLC 1500 Eastport Plaza Drive Collinsville, IL 62234 MidAmerican Energy 320 Le Claire Davenport, IA 52808 MC Squared Energy Services, LLC 175 West Jackson Blvd., Suite 240 Chicago, IL 60604 Constellation Energy 550 W. Washington St, Suite 300, Chicago, IL 60661 Due to the volatile pricing of electricity, which changes hour by hour, suppliers won’t hold purchase prices for more than 24 hours without a considerable risk factor markup. As a result, the pricing provided in these responses are only indicative since the City isn’t entering into an agreement based on these prices. However, the proposals provided information about the Suppliers and indicated each Supplier’s willingness to execute the City’s proposed Electricity Agreement. The proposals were reviewed by David Stoneback and Kumar Jensen. Their findings were discussed with the Utilities Commission during their meeting on July 8, 2016. During the review, Constellation Energy was determined to be non-responsive. Cost Analysis The City requested indicative pricing to supply energy for five different terms (12, 24, 36, 48 and 60) and two renewable energy requirements. The base bid pricing is based on meeting only the requirement of the Illinois Public Act 095-1027 for renewable energy (13% in 2017 when the contract would start) and 100% renewable energy wind power generated in Illinois or a state that is adjacent to Illinois or the equivalent number of Renewable Energy Credits or Certificates (RECs), as long as documentation is provided that the RECs are Green-e Certified. The enclosed Indicative Pricing Schedule (Exhibit 2) provides the proposals received. Based on the information received during the indicative pricing, staff determined to seek actionable pricing for the 12-month, 24-month and 36-month terms. Recommendation Summary: The City will be obtaining actionable prices from the selected vendors on July 25, 2016 and will present them along with an analysis and recommendation for award to the APW/Council during their meetings that evening. Legislative History: None Attachments: Exhibit 1 – City of Evanston Facilities to be supplied energy under the proposed agreement. Exhibit 2 - Indicative Pricing Schedule 151 of 620 152 of 620 153 of 620 For City Council meeting of July 25, 2016 Item A3.10 Business of the City by Motion: Water Treatment Plant Roof and Masonry Improvements Change Order No. 2 For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David D. Stoneback, Public Works Agency Director Lara Biggs, P.E., Bureau Chief – Capital Planning / City Engineer Paul Moyano, P.E., Senior Project Manager Subject: Water Treatment Plant Roof and Masonry Improvements Change Order No. 2 Date: July 20, 2016 Recommended Action: Staff recommends that City Council authorize the City Manager to execute Change Order No. 2 for the Water Treatment Plant Roof and Masonry Improvements agreement with Garland/DBS, Inc. (3800 East 91st Street, Cleveland, OH 44105) in the amount of $3,000.00. This will increase the total contract amount from the original contract price of $511,273 to $514,273. This Change Order will also include a time extension of 93 days, changing the contract completion date from July 28, 2016 to October 31, 2016. Funding Source: Funding for this project is from the Water Fund (Account 513.71.7330.65515-716004), which has an FY 2016 allocation of $550,000 for this project. Background: On April 11, 2016, the City Council awarded a contract with Garland/DBS for $511,273 through the U.S. Communities Purchasing Program. Garland DBS designed the roof and masonry improvements at the Water Treatment Plant and subcontracted the specialty roofing and masonry contractors to complete the work. Change Order No. 1 was executed on June 30, 2016 providing a 28-day extension which was authorized by David Stoneback, the Public Works Agency Director. This change order provided additional time to complete some unanticipated masonry work. The additional cost included in the proposed Change Order No. 2 addresses unforeseen conditions of an underground portion of masonry wall that was fixed. The time extension is for this additional work, as well as for a delay in the delivery of a specialty order replacement sky light. Memorandum 154 of 620 Analysis: The masonry subcontractor worked to repair a deteriorated portion of the masonry wall on the west side of the service building of the Water Treatment Plant. This portion of the wall was below the grade. Normally, masonry facades are anchored to the structural concrete wall behind it, but in this case, it was not and a portion of the wall collapsed when they began to repair it. The additional cost is for the labor associated with rebuilding the collapsed portion of the wall with the appropriate anchors. This Change Order will increase the total contract amount by 0.6% to $514,273. The time extension covers the additional time needed to rebuild the wall, in addition to delays in the delivery of a specialty replacement skylight at the treatment plant. A summary of the project funding is as follows: Item Amount Agreement (approved by City Council on April 11, 2016) $511,273.00 Change Order No. 1 – Initial time extension (approved by David Stoneback, Public Works Agency Director on July 7, 2016) $ 0.00 Change Order No. 2 – Costs due to wall failure and time extension for skylight. $ 3,000.00 Revised Agreement $514,273.00 Legislative History: City Council awarded the contract to Garland/DBS on April 11, 2016. Attachments: Change Order 2 Change Order Proposal from Garland/DBS 155 of 620 156 of 620 Garland/DBS, Inc. 3800 East 91st Street Cleveland, OH 44105 Phone: (800) 762-8225 Fax: (216) 883-2055 CHANGE ORDER REQUEST #1 DATE: 07/20/2016 PROJECT: City of Evanston Water Treatment Plant Roof and Masonry Improvements US Communities Project Number: 25-IL -160244 DESCRIPTION: Rebuild of Wall We are requesting a change in the Contract Sum as stated below due to the following changes to the work scope: Scope of Work: 1. Upon removing layers of brick within scope at the foundation, it was found the remaining brick layers from the foundation up to the limestone were not attached to the building and has collapsed. 2. This scope is to rebuild entire wall up to the limestone divider. Total Change Order #1…………………………………………………………………$3,000.00 Please indicate your approval by signing and returning one copy of this document to our office. Sincerely, Accepted By: Matt Egan Title:________________ Project Manager By:__________________ Date:_________________ 157 of 620 To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Lawrence Hemingway, Parks, Recreation & Community Services, Director Karen Hawk, Assistant Dir. Parks, Recreation & Community Services Kevin L. Brown, Community Services Manager, Parks, Recreation & Community Services Subject: Resolution, 56-R-16, Professional Services Agreement with James B. Moran Center for “Certificate of Rehabilitation Program” Date: July 25, 2016 Recommended Action: Staff recommends that City Council adopt Resolution 56-R-16, authorizing the City manager to execute an agreement between the City of Evanston and the James B. Moran Center for Youth Advocacy (1123 Emerson, Suite 203 Evanston, IL 60201) to provide legal services for not less than nine Evanston residents to secure certificates of rehabilitation in an amount not to exceed $30,000. Funding Source: Funding for this agreement is budgeted in Parks, Recreation and Community Services, Youth and Young Adult Engagement Division (Account 100.30.3215.62490 with a budget of $280,165). Costs amount to approximately $3,300 per participant. The City of Evanston shall be financially responsible for the furtherance of the program. The James B. Moran Center would be responsible for handling the payment of direct and indirect costs for not less than 9 (@$3,300 each); which include legal services, filing fees, supportive materials, transportation fees and if necessary assistance with child care on days that such assistance would be necessary. Summary: Certificates of rehabilitation are an essential resource that can offer support reentry to those Evanston residents that have a criminal record and thus promote public safety by lifting statutory bars to jobs, licenses or other necessities such as housing that result from a conviction history. The Youth and Young Adult Division staff has been performing outreach in the community and have identified individuals that would greatly benefit from this program. This agreement for services is to facilitate year four of the “Certificate of Rehabilitation Program”. The intention of the program is to obtain certificates of rehabilitation from the Circuit Court of Cook County, pursuant to 730 ILCS 5/5-5.5-5 et. seq., for qualified ex-offenders who reside in Evanston, IL. These Memorandum For City Council meeting of July 25, 2016 Item A4 Resolution 56-R-16, Rehabilitation Program with James B. Moran Center For Action 158 of 620 certificates lift statutory bars to jobs, licenses or other necessities such as housing that result from a conviction history. It would give those selected an opportunity to demonstrate rehabilitation or a commitment to rehabilitation. The state of Illinois is one of the states that have laws in place that authorize certificates of rehabilitation or other similar means of removing legal barriers arising from a criminal record separate and apart from seeking a pardon. Staff identified the James B. Moran Center for Youth Advocacy as a partner for this pilot program, based on their ability to perform the services and current outstanding community work of providing services for low-income Evanston young adults and their families with legal representation. The Moran Center has the legal expertise, social work services components and community partnerships to manage this program. Additionally, over the last three years, they have also provided assistance and resources to individuals participating in the City’s “Building Career Pathways to Sustainable Employment Program” and other individuals that the City’s outreach team identified as needing assistance. 2012 to 2015 Program Results 69 Clients have had their criminal records sealed 122 Clients have received a partial sealing of their criminal records 27 Clients have had their records expunged 1 Client has received state Clemency 19 Certificates of Rehabilitation awarded 300 Evanston Residents have participated in program orientation Listed below is a summary of the scope of work to be performed by the James B. Moran Center: James B. Moran will secure certificates of rehabilitation which could also include criminal records sealing or partial sealing, expungement, or pardon/executive clemency for not less than 9 Evanston residents that have a criminal record, and who meet the prerequisites contained in the legislation. Prospective clients that have conviction(s) for the following are not eligible: a Class X felony; any felony that resulted in “great bodily harm or permanent disability”; conviction for aggravated DUI or aggravated domestic battery; and offenses that require post-release registration (sex offenses, offenses against children, rape, arson, etc.). Individuals will receive the following assistance: (a) an initial assessment to determine the extent of criminal history and eligibility for the Certificate of Rehabilitation; (b) creation and development of personal history and references to be presented to the Circuit Court Judge; (c) mentoring from a licensed attorney; (d) assistance in obtaining all police, probation, and parole reports; (e) covering of costs associated with 159 of 620 processing fees if ineligible for a fee waiver; (f) submission of all required legal documentation, filings and petitions at Circuit Court and States Attorney's Office; (g) legal representation during candidate court appearances and (h) assistance for childcare, transportation and supplemental support materials. The Moran Center will work with City outreach staff to identify, recruit, and service potential clients in the City of Evanston, and keep records of such. Finally, provide regular updates to City of Evanston staff on the status of individuals being served, including a summary of expenditures, encumbered and available balance. Attachment: Resolution 56-R-16 Agreement with James B. Moran Center 160 of 620 7/12/2016 56-R-16 A RESOLUTION Authorizing the City Manager to Execute the Professional Services Agreement with the James B. Moran Center for Youth Advocacy NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Manager is hereby authorized and directed to sign the Professional Services Agreement (the “Agreement”) by and between the City and the James B. Moran Center for Youth Advocacy, an Illinois not-for-profit corporation. The Agreement is attached hereto as Exhibit 1 and incorporated herein by reference. SECTION 2: The Agreement will fund legal services for Moran Center employees to assist at least nine Evanston residents with obtaining a Circuit Court issued certificate for rehabilitation, criminal records sealing, expungement, and executive clemency legal services for each participant. SECTION 3: The City Manager is hereby authorized and directed to negotiate any additional conditions of said Agreement that he deems to be in the best interests of the City. SECTION 4: This resolution shall be in full force and effect from and after its passage and approval, in the manner provided by law. 161 of 620 56-R-16 - 2 - ______________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Adopted: __________________, 2016 162 of 620 56-R-16 - 3 - EXHIBIT 1 PROFESSIONAL SERVICES AGREEMENT 163 of 620 1 CITY OF EVANSTON PROFESSIONAL SERVICES AGREEMENT The parties referenced herein desire to enter into an agreement for professional services for Certificate of Rehabilitation Program 2016 THIS AGREEMENT (hereinafter referred to as the “Agreement”) entered into this 15th day of August, 2016, between the City of Evanston, an Illinois municipal corporation with offices located at 2100 Ridge Avenue, Evanston Illinois 60201 (hereinafter referred to as the “City”), and the James B. Moran Center for Youth Advocacy, with offices located at 1123 Emerson, Suite 203, Evanston, Illinois, (hereinafter referred to as the “Consultant”). Compensation for all basic Services (“the Services”) provided by the Consultant pursuant to the terms of this Agreement shall not exceed $30,000. I. COMMENCEMENT DATE Consultant shall commence the Services on August 15, 2016 or no later than three (3) DAYS AFTER City executes and delivers this Agreement to Consultant. II. COMPLETION DATE Consultant shall complete the primary scope of services by July 31, 2017. If this Agreement provides for renewals after an initial term, no renewal shall begin until agreed to in writing by both parties prior to the completion date of this Agreement. III. PAYMENTS City shall pay Consultant those fees as provided here: Payment shall be made upon the completion of each task for a project, as set forth in Exhibit A – Project 164 of 620 2 Milestones and Deliverables. Any expenses in addition to those set forth here must be specifically approved by the City in writing in advance. IV. DESCRIPTION OF SERVICES Consultant shall perform the services (the “Services”) set forth here: Services are those as defined in Exhibit A. Services may include, if any, other documented discussions and agreements regarding scope of work and cost (Exhibit D). 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. Consultant is responsible for conforming its final work product to generally accepted professional standards for all work performed pursuant to this Agreement. Consultant is an independent Consultant and is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, including but not limited to, Worker’s Compensation Insurance. Nothing in this Agreement accords any third-party beneficiary rights whatsoever to any non- party 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. 165 of 620 3 The Consultant shall obtain prior approval from the City prior to subcontracting with any entity or person to perform any of the work required under this Agreement. If the Consultant subcontracts any of the services to be performed under this Agreement, the subconsultant agreement shall provide that the services to be performed under any such agreement shall not be sublet, sold, transferred, assigned or otherwise disposed of to another entity or person without the City’s prior written consent. The Consultant shall be responsible for the accuracy and quality of any subconsultant’s work. All subconsultant agreements shall include verbatim or by reference the provisions in this Agreement binding upon Consultant as to all Services provided by this Agreement, such that it is binding upon each and every subconsultant that does work or provides Services under this Agreement. The Consultant shall cooperate fully with the City, other City contractors, other municipalities and local government officials, public utility companies, and others, as may be directed by the City. This shall include attendance at meetings, discussions and hearings as requested by the City. This cooperation shall extend to any investigation, hearings or meetings convened or instituted by OSHA relative to this Project, as necessary. Consultant shall cooperate with the City in scheduling and performing its Work to avoid conflict, delay in or interference with the work of others, if any, at the Project. Except as otherwise provided herein, the nature and scope of Services specified in this Agreement may only be modified by a writing approved by both parties. This Agreement may be modified or amended from time to time provided, however, that no such amendment or modification shall be effective unless reduced to writing and duly authorized and signed by the authorized representatives of the parties. B. Representation and Warranties. Consultant represents and warrants that: (1) Consultant possesses and will keep in force all required licenses to perform the Services, (2) the employees of Consultant performing the Services are fully qualified, licensed as required, and skilled to perform the Services. C. Termination. City may, at any time, with or without cause, terminate this Agreement upon seven (7) days written notice to Consultant. If the City terminates this agreement, the City will make payment to Consultant for Services performed prior to termination. Payments made by the City pursuant to this Agreement are subject to sufficient appropriations made by the City of Evanston City Council. In the event of termination resulting from non-appropriation or insufficient appropriation by the City Council, the City’s obligations hereunder shall cease and there shall be no penalty or further payment required. In the event of an emergency or threat to the life, safety or welfare of the citizens of the City, the City shall have the right terminate this Agreement without prior written 166 of 620 4 notice. Within thirty (30) days of termination of this Agreement, the Consultant shall turn over to the City any documents, drafts, and materials, including but not limited to, outstanding work product, data, studies, test results, source documents, AutoCad Version 2007, PDF, ArtView, Word, Excel spreadsheets, technical specifications and calculations, and any other such items specifically identified by the City related to the Services herein. D. Independent Consultant. Consultant’s status shall be that of an independent Consultant and not that of a servant, agent, or employee of City. Consultant shall not hold Consultant out, nor claim to be acting, as a servant, agent or employee of City. Consultant is not authorized to, and shall not, make or undertake any agreement, understanding, waiver or representation on behalf of City. Consultant shall at its own expense comply with all applicable workers compensation, unemployment insurance, employer’s liability, tax withholding, minimum wage and hour, and other federal, state, county and municipal laws, ordinances, rules, regulations and orders. Consultant agrees to abide by the Occupational Safety & Health Act of 1970 (OSHA), and as the same may be amended from time to time, applicable state and municipal safety and health laws and all regulations pursuant thereto. E. Conflict of Interest. Consultant represents and warrants that no prior or present services provided by Consultant to third parties conflict with the interests of City in respect to the Services being provided hereunder except as shall have been expressly disclosed in writing by Consultant to City and consented to in writing to City. F. Ownership of Documents and Other Materials. All originals, duplicates and negatives of all plans, drawings, reports, photographs, charts, programs, models, specimens, specifications, AutoCad Version 2007, Excel spreadsheets, PDF, and other documents or materials required to be furnished by Consultant hereunder, including drafts and reproduction copies thereof, shall be and remain the exclusive property of City, and City shall have the unlimited right to publish and use all or any part of the same without payment of any additional royalty, charge, or other compensation to Consultant. Upon the termination of this Agreement, or upon request of City, during any stage of the Services, Consultant shall promptly deliver all such materials to City. Consultant shall not publish, transfer, license or, except in connection with carrying out obligations under this Agreement, use or reuse all or any part of such reports and other documents, including working pages, without the prior written approval of City, provided, however, that Consultant may retain copies of the same for Consultant’s own general reference. All other training materials, assessment tools, documents, and forms developed by Consultant for purposes other than fulfilling its obligations under this Agreement are and shall remain property of Consultant. The City may use said materials for training purposes only pursuant to this Agreement. Usage of said materials by the City beyond the scope of this Agreement shall require Consultant’s written consent. 167 of 620 5 G. Payment. Invoices for payment shall be submitted by Consultant to City at the address set forth above, together with reasonable supporting documentation, City may require such additional supporting documentation as City reasonably deems necessary or desirable. Payment shall be made in accordance with the Illinois Local Government Prompt Payment Act, after City’s receipt of an invoice and all such supporting documentation. H. Right to Audit. Consultant shall for a period of three years following performance of the Services, keep and make available for the inspection, examination and audit by City or City’s authorized employees, agents or representatives, at all reasonable time, all records respecting the services and expenses incurred by Consultant, including without limitation, all book, accounts, memoranda, receipts, ledgers, canceled checks, and any other documents indicating, documenting, verifying or substantiating the cost and appropriateness of any and all expenses. If any invoice submitted by Consultant is found to have been overstated, Consultant shall provide City an immediate refund of the overpayment together with interest at the highest rate permitted by applicable law, and shall reimburse all of City’s expenses for and in connection with the audit respecting such invoice. I. 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, resulting from or arising out of any negligent or willful act or omission on the part of the Consultant or Consultant’s subcontractors, employees, agents or subcontractors during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. Nothing contained herein shall be construed as prohibiting the City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them. 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. 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, 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 168 of 620 6 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. To the extent permissible by law, Consultant waives any limits to the amount of its obligations to indemnify, defend, or contribute to any sums due under any Losses, including any claim by any employee of Consultant that may be subject to the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or any other related law or judicial decision, including but not limited to, Kotecki v. Cyclops Welding Corporation, 146 Ill. 2d 155 (1991). The City, however, does not waive any limitations it may have on its liability under the Illinois Workers Compensation Act, the Illinois Pension Code or any other statute. 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 act or omission, neglect, or misconduct in the performance of its Work or its subconsultants’ 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. J. 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 169 of 620 7 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 subcontractors 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. Consultant acknowledges and agrees that if it fails to comply with all requirements of this Section, that the City may void this Agreement. K. Confidentiality. In connection with this Agreement, City may provide Consultant with information to enable Consultant to render the Services hereunder, or Consultant may develop confidential information for City. Consultant agrees (i) to treat, and to obligate Consultant’s employees to treat, as secret and confidential all such information whether or not identified by City as confidential, (ii) not to disclose any such information or make available any reports, recommendations and /or conclusions which Consultant may make for City to any person, firm or corporation or use the same in any manner whatsoever without first obtaining City’s written approval, and (iii) not to disclose to City any information obtained by Consultant on a confidential basis from any third party unless Consultant shall have first received written permission from such third party to disclose such information. Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in the possession of others whom the City has contracted with to perform a governmental function are covered by the Act and subject to disclosure within limited statutory timeframes (five (5) working days with a possible five (5) working day extension). Upon notification from the City that it has received a Freedom of Information Act request that calls for records within the Consultant’s control, the Consultant shall promptly provide all requested records to the City so that the City may comply with the request within the required timeframe. The City and the Consultant shall cooperate to determine what records are subject to such a request and whether or not any exemptions to the disclosure of such records, or part thereof, is applicable. Vendor shall indemnify and defend the City from and against all claims arising from the City’s exceptions to disclosing certain records which Vendor may designate as proprietary or confidential. Compliance by the City with an opinion or a directive from the Illinois Public Access Counselor or the Attorney General under FOIA, or with a decision or order of Court with jurisdiction over the City, shall not be a violation of this Section. 170 of 620 8 L. Use of City’s Name or Picture of Property. Consultant shall not in the course of performance of this Agreement or thereafter use or permit the use of City’s name nor the name of any affiliate of City, nor any picture of or reference to its Services in any advertising, promotional or other materials prepared by or on behalf of Consultant, nor disclose or transmit the same to any other party without the City’s express written consent. M. No Assignments or Subcontracts. Consultant shall not assign or subcontract all or any part or its rights or obligations hereunder without City’s express prior written approval. Any attempt to do so without the City’s prior consent shall, at City’s option, be null and void and of no force or effect whatsoever. Consultant shall not employ, contract with, or use the services of any other architect, interior designer, engineer, consultant, special contractor, or other third party in connection with the performance of the Services without the prior written consent of City. N. Compliance with Applicable Statues, Ordinances and Regulations. In performing the Services, Consultant shall comply with all applicable federal, state, county, and municipal statues, ordinances and regulations, at Consultant’s sole cost and expense, except to the extent expressly provided to the contrary herein. Whenever the City deems it reasonably necessary for security reasons, the City may conduct at its own expense, criminal and driver history background checks of Consultant’s officers, employees, subcontractors, or agents. Consultant shall immediately reassign any such individual who in the opinion of the City does not pass the background check. O. Liens and Encumbrances. Consultant, for itself, and on behalf of all subcontractors, suppliers, materialmen and others claiming by, through or under Consultant, hereby waives and releases any and all statutory or common law mechanics’ materialmens’ or other such lien claims, or rights to place a lien upon City property or any improvements thereon in connection with any Services performed under or in connection with this Agreement. Consultant further agrees, as and to the extent of payment made hereunder, to execute a sworn affidavit respecting the payment and lien releases of all subcontractors, suppliers and materialmen, and a release of lien respecting the Services at such time or times and in such form as may be reasonably requested by City. Consultant shall protect City from all liens for labor performed, material supplied or used by Consultant and/or any other person in connection with the Services undertaken by consultant hereunder, and shall not at any time suffer or permit any lien or attachment or encumbrance to be imposed by any subConsultant, supplier or materialmen, or other person, firm or corporation, upon City property or any improvements thereon, by reason or any claim or demand against Consultant or otherwise in connection with the Services. P. Notices. Every notice or other communication to be given by either party to the other with respect to this Agreement, shall be in writing and shall not be 171 of 620 9 effective for any purpose unless the same shall be served personally or by United States certified or registered mail, postage prepaid, addressed if to City as follows: City of Evanston, 2100 Ridge Avenue, Evanston, Illinois 60201, Attention: Purchasing Division and to Consultant at the address first above set forth, or at such other address or addresses as City or Consultant may from time to time designate by notice given as above provided. Q. 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. R. Waiver. Any failure or delay by City to enforce the provisions of this Agreement shall in no way constitute a waiver by City of any contractual right hereunder, unless such waiver is in writing and signed by City. S. Severability. In the event that any provision of this Agreement should be held void, or unenforceable, the remaining portions hereof shall remain in full force and effect. T. Choice of Law. The rights and duties arising under this Agreement shall be governed by the laws of the State of Illinois. Venue for any action arising out or due to this Agreement shall be in Cook County, Illinois. The City shall not enter into binding arbitration to resolve any dispute under this Agreement. The City does not waive tort immunity by entering into this Agreement. U. Time. Consultant agrees all time limits provided in this Agreement and any Addenda or Exhibits hereto are of essence to this Agreement. Consultant shall continue to perform its obligations while any dispute concerning the Agreement is being resolved, unless otherwise directed by the City. V. Survival. Except as expressly provided to the contrary herein, all provisions of this Agreement shall survive all performances hereunder including the termination of the Consultant. VI. EQUAL EMPLOYMENT OPPORTUNITY In the event of the Consultant’s noncompliance with any provision of Section 1- 12-5 of the Evanston City Code, the Illinois Human Rights Act or any other applicable law, the Consultant may be declared nonresponsible and therefore ineligible for future contracts or subcontracts with the City, and the contract may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. 172 of 620 10 During the performance of the contract, the Consultant agrees as follows: A. That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, or age or physical or mental disabilities that do not impair ability to work, and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. Consultant shall comply with all requirements of City of Evanston Code Section 1-12-5. B. That, in all solicitations or advertisements for employees placed by it on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, or disability. VII. SEXUAL HARASSMENT POLICY The Consultant certifies pursuant to the Illinois Human Rights Act (775 ILCS 5/2- 105 et. seq.), that it has a written sexual harassment policy that includes, at a minimum, the following information: A. The illegality of sexual harassment; B. The definition of sexual harassment under State law; C. A description of sexual harassment utilizing examples; D. The Consultant’s internal complaint process including penalties; E. Legal recourse, investigation and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission, and directions on how to contact both; and F. Protection against retaliation as provided to the Department of Human Rights. VIII. CONSULTANT CERTIFICATIONS A. Consultant acknowledges and agrees that should Consultant or its subconsultant provide false information, or fail to be or remain in compliance with the Agreement, the City may void this Agreement. B. Consultant certifies that it and its employees will comply with applicable provisions of the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. Section 1201 et seq.) and applicable rules in performance under this Agreement. 173 of 620 11 C. If Consultant, or any officer, director, partner, or other managerial agent of Consultant, has been convicted of a felony under the Sarbanes-Oxley Act of 2002, or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Consultant certifies at least five years have passed since the date of the conviction. D. Consultant certifies that it has not been convicted of the offense of bid rigging or bid rotating or any similar offense of any State in the U.S., nor made any admission of guilt of such conduct that is a matter of record. (720 ILCS 5/33 E-3, E-4). E. In accordance with the Steel Products Procurement Act, Consultant certifies steel products used or supplied in the performance of a contract for public works shall be manufactured or produced in the U.S. unless the City grants an exemption. F. Consultant certifies that it is properly formed and existing legal entity, and as applicable, has obtained an assumed name certificate from the appropriate authority, or has registered to conduct business in Illinois and is in good standing with the Illinois Secretary of State. G. If more favorable terms are granted by Consultant to any similar governmental entity in any state in a contemporaneous agreement let under the same or similar financial terms and circumstances for comparable supplies or services, the more favorable terms shall be applicable under this Agreement. H. Consultant certifies that it is not delinquent in the payment of any fees, fines, damages, or debts to the City of Evanston. IX. INTEGRATION This Agreement, together with Exhibits A, B, C, and D sets forth all the covenants, conditions and promises between the parties with regard to the subject matter set forth herein. There are no covenants, promises, agreements, conditions or understandings between the parties, either oral or written, other than those contained in this Agreement. This Agreement has been negotiated and entered into by each party with the opportunity to consult with its counsel regarding the terms therein. No portion of the Agreement shall be construed against a party due to the fact that one party drafted that particular portion as the rule of contra proferentem shall not apply. In the event of any inconsistency between this Agreement, and any Exhibits, this Agreement shall control over the Exhibits. In no event shall any proposal or contract form submitted by Consultant be part of this Agreement unless agreed to in a writing signed by both parties and attached and referred to herein as an Addendum, and in such event, only the portions of such proposal or contract 174 of 620 12 form consistent with this Agreement and Exhibits hereto shall be part hereof. IN WITNESS WHEREOF, the parties hereto have each approved and executed this Agreement on the day, month and year first above written. CONSULTANT: CITY OF EVANSTON 2100 RIDGE AVENUE EVANSTON, IL 60201 By ________________________ By:________________________ Its: ________________________ Its: _______________________ FEIN Number: _______________ Date: _____________________ Date: _______________________ 175 of 620 13 EXHIBIT A This EXHIBIT A to that certain Consulting Agreement dated 15th day of August, 2016 between the City of Evanston, 2100 Ridge Avenue, Evanston, Illinois, 60201(“City”) and the James B. Moran Center sets forth the Commencement and Completion Date, Services, Fees, and Reimbursable Expenses as follows: COMMENCEMENT DATE: August 15, 2016 COMPLETION DATE: July 31, 2017 FEES: The City of Evanston shall be financially responsible for the furtherance of the program and the direct and indirect costs specifically determined to be $30,000 for not less than 9 program participants (@ approximately $3,300 each); $3000 for certificate for rehabilitation, criminal records sealing, expungement, and executive clemency legal services for each participant ; $300 for supportive services that include transportation, childcare and supplies. The James B. Moran Center will provide an invoice to the City requesting payment. This will be submitted in accordance with the Consultant invoice submittal deadlines; schedule will be provided by City. If the invoice needs adjustment or explanation, Consultant will work with the City to adjust or explain the invoice. Once the invoice is agreed upon by both parties, it shall be submitted for processing and be paid by the City billing procedure. SERVICES/SCOPE OF WORK: This agreement for services is to facilitate year four of the “Certificate of Rehabilitation Program”. The intention of the program is to obtain certificates of rehabilitation for qualified ex-offenders that reside in Evanston, Il. These certificates lift statutory bars to jobs, licenses or other necessities such as housing that result from a conviction history. Certificates are used to provide a way for qualified people with criminal records to demonstrate rehabilitation or a commitment to rehabilitation. They are an evidence based practice and resource that supports reentry and promotes public safety. Scope of the “Certificate of Rehabilitation Program” for the City of Evanston includes the following components: The James B Moran Center will secure Certificates of Rehabilitation and or which could also include criminal records sealing, expungement, or pardon/executive clemency for not less than 9 " Evanston” residents that have a criminal record, and who meet the prerequisites contained in the legislation. Prospective clients that have the following are not eligible: a Class X felony; any felony that resulted in “great bodily harm or permanent disability”; conviction for aggravated DUI or aggravated domestic battery; 176 of 620 14 and offenses that require post-release registration (sex offenses, offenses against children, rape, arson, etc). Individuals will receive the following assistance: (a) an initial assessment to determine the extent of criminal history and eligibility for the Certificate of Rehabilitation; (b) creation and development of personal history and references to be presented to the Circuit Court Judge; (c) mentoring from a licensed attorney; (d) assistance in obtaining all police, probation, and parole reports; (e) covering of costs associated with processing fees if ineligible for a fee waiver; (f) submission of all required legal documentation, filings and petitions at Circuit Court and States Attorney's Office; (g) legal representation during candidate court appearances and (h) provide assistance for childcare, transportation and supplemental support materials. OTHER SERVICES: A. The James B. Moran Center will work with City staff to identify, recruit, and service potential clients in the City of Evanston, and keep records of such. The Center will provide regular updates to City of Evanston staff on the status of individuals being served, including a summary of expenditures, encumbered and available balance. 177 of 620 For City Council meeting of July 25, 2016 Item A5 Resolution 57-R-16, Grant Application for Chi-Cal Rivers Fund For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Kumar Jensen, Environmental Project Coordinator; David D. Stoneback, Public Works Agency Director Subject: Resolution 57-R-16, Grant Application for the Chi-Cal Rivers Fund Administered by the National Fish and Wildlife Foundation Date: July 25, 2016 Recommended Action: Staff recommends that City Council adopt 57-R-16 authorizing the City Manager to negotiate and execute a grant application for the Chi-Cal Rivers Fund administered by the National Fish and Wildlife Foundation (NFWF). Funding Source: The grant is a one-time award of roughly $100,000 with a required 1:1 match provided by the City of Evanston Environment Services Bureau to be utilized for projects over two years (2017 and 2018). Grant recipients are announced in December of 2016 with proposed projects beginning in early 2017. The Environmental Services Bureau will provide a $100,000 match through maintenance labor and materials over the two year life cycle of the grant. No increase to the operating budget is anticipated for Evanston to provide its match. Summary: The Chi-Cal Rivers Fund is a public-private partnership working to restore the health, vitality and accessibility of the waterways in the Chicago and Calumet region by supporting green stormwater infrastructure, habitat enhancement, and public-use improvements. Grant Overview The grant will support many of the goals Mayor Tisdahl made in signing the Mayors’ Monarch Pledge including enhancing habitats for pollinators, migratory birds and monarch butterflies. The grant is designed to enhance habitat pockets along the North Shore channel through engagement with neighborhood organizations with guidance from local habitat and bird experts. The grant is broken down in two sections: Habitat Enhancement and Public Use Improvements. Habitat Enhancement - Working with planting plans, training, and oversight provided by Living Habitats, a Chicago landscape architecture firm with expertise in ecological Memorandum 178 of 620 planning, and with Evanston-based migratory bird expert Judy Pollock, the grant will add multi-layered habitat to a 2.75-acre section of the arboretum along a thousand-foot stretch of the North Shore Channel. In addition, there will be plantings of native shrubs and understory trees in three other public parks, to serve as “stepping-stone” sites between the channel and Lake Michigan; Twiggs Park and Ingraham Park [.25 acres each] + Harbert Park [.5 acres]. Public Use Improvements - In addition to improving natural aesthetics of channel-side parks in underserved communities near the waterway, the project will improve public access through: • Repairs and upgrades to the Ladd Arboretum’s dock area and a section of the crushed stone trail that runs from the Ecology Center on Bridge Street to the existing Grady Bird Sanctuary • Addition of an informational kiosk next to the Ecology Center at the beginning of this refurbished trail • Refurbishment of observation decks that overlook the Twiggs and Harbert Park side of the channel • Creation of an Evanston Habitat Network and Birding Trail website (optimized for mobile users) that takes in these four sites as well as Perkins Woods and the Clark Street Beach Bird Sanctuary. The City has connected with a variety of community partners that have expressed support in the grant application as well as implementation of different aspects of the planned work. The City has received letters of support from Citizens’ Greener Evanston (CGE), OpenLands and their TreeKeeper program and the Evanston Environmental Association (EEA) (see Attachment 2). The City has also requested letters of support from the Metropolitan Water Reclamation District, Evanston ReBuilding Warehouse and the Evanston North Shore Bird Club. Letters are due to the City by July 25 in anticipation of the grant submission deadline of July 27, 2016. A crucial aspect of the public use improvement portion of the grant is creating stronger ties with existing community leaders to increase neighborhood participation particularly in areas that will be affected, namely wards 2, 5 and 7. The grant will provide funding to support recruitment of community groups and stipends for community leaders who support engagement and community participation. There will be significant opportunities to leverage community and neighborhood group volunteers to help with invasive and dead species removal, mulching, new plantings and on-going maintenance in the form of local habitat stewards. The matching funds will be primarily provided through labor from the Environmental Services Bureau and materials related to the maintenance and establishment of newly planting native plants. Tasks will include invasive and dead plant and tree removal and replanting and mulching of newly planted native plants and milkweed in the projects areas (see attachment 1). Attachments: Attachment 1 – Resolution 57-R-16 Attachment 2 – Preliminary Map of Project Areas Attachment 3 – Letters of Support 179 of 620 7/20/2016 57-R-16 A RESOLUTION Authorizing the City Manager to Submit a Grant Application and Negotiate and Execute a Grant Agreement for the Chi-Cal Rivers Fund Administered By the National Fish and Wildlife Foundation WHEREAS, the National Fish and Wildlife Foundation (“NFWF”) administers and awards an annual grant from the Chi-Cal Rivers Fund, a public-private partnership working to restore the health, vitality, and accessibility of the waterways in the Chicago and Calumet region by supporting green storm water infrastructure, habitat enhancement, and public use improvements; and WHEREAS, the Chi-Cal Rivers Fund is a grant in the amount of up to one hundred thousand dollars ($100,000.00), with a required one to one match provided by selected fund recipients, to be utilized for the grantee’s projects over the course of two years; and WHEREAS, the City of Evanston (“City”), if selected, will designate in-kind services, such as labor and materials, with a value of up to a one hundred thousand dollars ($100,000.00) from the Environmental Services Bureau to provide matching funds for the grant-approved projects; and WHEREAS, the City Council has determined it is in the best interests of the City to submit a Grant Application and negotiate and execute a Grant Agreement with NFWF to financially support the City’s desire to enhance habitats for pollinators, migratory birds, and monarch butterflies along the North Shore channel, 180 of 620 57-R-16 ~2~ 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. SECTION 2: The City Manager is hereby authorized and directed to submit an electronic Grant Application identified as the Chi-Cal Rivers Fund Administered by the National Fish and Wildlife Foundation. SECTION 3: The City Manager is hereby authorized and directed to sign and execute the Grant Agreement by and between the City of Evanston and the National Fish and Wildlife Foundation. SECTION 4: That the City Manager is hereby authorized and directed to negotiate any remaining terms of the Grant Application and Grant Agreement as he may be deem to be in the best interests of the City. SECTION 5: That this Resolution 57-R-16 shall be in full force and effect from and after its passage and approval in the manner provided by law. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2016 181 of 620 Attachment 2 Preliminary Map of Project Areas Proposed Locations Include: The Ladd Arboretum – The physical area northeast of the Ecology Center building on either side of the crushed stone path adjacent to the canal. The area will be designed in a way that gives the landscaped areas a more cohesive look, and a sustainable, attractive, bird-friendly treatment for the channel bank that addresses the ongoing issue of invasive species (Area highlighted in green northeast of the channel on Figure 1.). 2.75 acres Twiggs Park – The physical area across the channel from the Ladd Arboretum that has a channel lookout that has overgrown. The area will employ an attractive, sustainable landscape plan for the overlook that allows for views across the channel and addresses the ongoing issue of invasive species (Area highlighted in green southeast of the channel on Figure 1.).. .25 acres Harbert Park – The physical area along the channel that has lookout area that has overgrown. The area will also employ an attractive, sustainable landscape plan for the overlook that allows for views across the channel and addresses the ongoing issue of invasive species (Area highlighted in green due east of the channel on Figure 1.)...25 acres Ingraham Park – A model Native Pollinator and Bird Habitat Garden planned in conjunction with Natural Habitat Evanston. .25 acres Fourth Location – Staff and community partners have heard interest from community groups about including a fourth location potentially at one of the following locations: Harbert Park, Beck Park or Butler Park depending on community interest. .25 acres In total, figure 1., shown on page two of Attachment 1, shows an entire project area of 3.5 acres (the Fourth Location would add an additional .25 acres to the project area). 182 of 620 183 of 620 Citizens’ Greener Evanston works to make Evanston a more sustainable community— environmentally, economically and socially—and to address climate change by dramatically reducing our greenhouse gas emissions. P.O. Box 1748, Evanston, IL 60204-1748 greenerevanston.org July 20, 2016 David Stoneback Director, Public Works Agency City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 Dear Mr. Stoneback: Citizens' Greener Evanston enthusiastically commits to partnership in the City's proposed Chi-Cal project to improve migratory bird habitat and increase public access in the Ladd Arboretum and other city green spaces. Since its founding in 2008, CGE has worked to make Evanston a more sustainable community— environmentally, economically, and socially. This project is closely aligned with two of CGE's priorities, community wildlife habitat and environmental justice, as part of our wider mission of building a more climate-resilient community. For several years, we have worked closely with Evanston TreeKeepers and with the City's offices of forestry and sustainability, including offering jointly planned public programs about topics such as urban forests and sustainable gardening. In May of this year, we included in this annual event a planting in the Ladd Arboretum of several hundred native seedling shrubs donated by the National Wildlife Federation. CGE will help to plan and facilitate similar programs as part of the Chi-Cal project. We also will bring to bear on the project our extensive communication network and emerging environmental justice initiatives with neighborhoods in which three of the parks are located. Sincerely, Jonathan Jonathan Nieuwsma President Citizens’ Greener Evanston cc: Wendy Pollack Attachment 3 184 of 620 evanstonenvironmentalassociation July 19, 2016 David Stoneback Director, Public Works Agency City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 The Evanston Environmental Association (EEA) enthusiastically supports the City's proposed Chi-Cat project to improve migratory bird habitat and increase public access in the Ladd Arboretum and nearby city parks. EEAwas established in 1976 to support the city's new Ecology Center and the Ladd Arboretum, where it is located, and to promote environmental awareness to the surrounding community. The Ecology Center's environmental education programs make extensive use of the arboretum and the North Shore Channel and will be greatly enhanced by the planned improvements there and along nearby channel-side parks. There is no better place in Evanston to involve the public in creating, caring for, and learning about the importance of native habitat and an ecological approach to landscape planning. We also recognize the need for a strong, ongoing citizen stewardship effort to maintain and further expand habitat in an intensively used urban environment like ours and are pleased to see that is part of the project. EEAwill be pleased to support community outreach and communication using our extensive network, and media outlets. Richard Peach ~~President Evanston Environmental Association Evanston Ecology Center _2024 McCormick Blvd _Evanston, Illinois 60201 847.448.8256 _info@EvanstonEnvironment.org _www.EvanstonEnvironment.org 185 of 620 186 of 620 For City Council meeting of July 25, 2016 Item A6 Resolution 49-R-16, Emerson/Ridge/Green Bay Project Construction Funding For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Lara Biggs, P.E., Bureau Chief – Capital Planning / City Engineer Sat Nagar, P.E., Senior Project Manager Subject: Resolution 49-R-16, Emerson/Ridge/Green Bay Project Construction Funding Date: June 13, 2016 Recommended Action: Staff recommends that City Council adopt Resolution 49-R-16, authorizing the City Manager to negotiate and execute the Illinois Department of Transportation Amended Local Public Agency Agreement for Federal Participation required for the Emerson/Ridge/Green Bay Project. Execution of the Agreement will obligate Evanston to pay the Illinois Department of Transportation (IDOT) the local share cost of this project totaling $5,366,502.00 at the completion of the project. Funding Source: This project is funded from the following sources: Funding Source Grant Funds City 2016 Budget North Shore Council of Mayors STP Grant $2,758,780 CMAQ Program Grant $3,235,000 Capital Improvement Fund – 2016 GO Bonds (Account 415.40.4150.65515-416450) $1,500,000 Water Fund (Account 513.40.7330.65515) $2,165,502 Sewer Fund – ERGB project (Account 515.40.4535.65515) $200,000 Sewer Fund – Stormwater Management Improvements (Account 515.40.7420.65515-416510) $821,000 Parking Fund (Account 415.40.4116.65515) $500,000 Total Funds $5,993,780 $5,186,502 Total Project Funding $11,180,282.42 Memorandum 187 of 620 Background: Staff recommended adoption of Resolution 4-R-16 at the January 11, 2016 City Council meeting. This resolution authorized the City Manager to execute the IDOT Local Public Agency Agreement for the Emerson/Ridge/Green Bay Project based on receiving $3,833,943 in Grant Funds and the City allocating $4,402,373 in funds for the anticipated total project cost of $8,236,316. At the April 11, 2016 Council meeting, staff recommended award of the project to the low bidder in the amount of $11,173,775.42 and also provided potential options for funding the additional cost of the project. Staff was successful in obtaining additional grant funding in the amount of $1,973,330, but the portion of the project that needs to be funded by Evanston also increased by $784,129. This cost will be funded as follows: Analysis: In order to obtain the revised federal STP and CMAQ grants, City Council must adopt a resolution authorizing the City Manager to enter into a revised funding agreement with IDOT that attests that additional funding has been appropriated to fund the City’s portion of the project that now totals $5,188,502. Legislative History: Adoption of 4-R-16 on January 11, 2016 Award of the ERGB project on April 11, 2016 Attachments: Resolution 49-R-16 Local Agency Agreement for Federal Participation with IDOT Funding Source Additional Funding Amount Sewer Fund $520,000 Parking Fund $250,000 Water Fund $ 14,129 Total Applied Additional Funding $784,129 188 of 620 7/7/2016 49-R-16 A RESOLUTION Authorizing the City Manager to Sign an Amended Cost Local Agency Participation Agreement with the Illinois Department of Transportation to Fund Intersection Improvements for Emerson Street, Ridge Avenue and Green Bay Road Project WHEREAS, a goal of the Strategic Plan for the City of Evanston is to provide safe transportation infrastructure within City confines; and WHEREAS, in order to facilitate the free flow of traffic and insure safety to the motoring public, the City of Evanston and the Illinois Department of Transportation (“IDOT”), are desirous of entering into a Local Public Agency Agreement for Federal Participation (the “Agreement”), a copy of which is attached hereto and incorporated herein as Exhibit 1; and WHEREAS, the funding provided under the Agreement will be devoted to intersection improvements for Emerson Street, Ridge Avenue and Green Bay Road Project including traffic signal modernization and new traffic signal installation, drainage improvements, water main replacement and landscaping for the intersection; and WHEREAS, on January 11, 2016, the City Council adopted Resolution 4- R-16 approving the Agreement, which included a total anticipated cost of $8,334,943 with the City’s local share at Four Million Four Hundred Two Thousand Three Hundred Seventy-Three Dollars ($4,402,373) for the subject improvements allocated from various City funding sources (Capital Improvement Fund, Sewer Fund, Water Fund, and Parking Fund); and 189 of 620 49-R-16 ~2~ WHEREAS, the bids for the Project were reviewed and A. Lamp Concrete Contractors Inc., was the lowest bidder in the amount of $11,180,282.42, accordingly the lowest bid was $2,845,339 higher than the previously authorized funding allocation of $8,334,943; WHEREAS, this resolution is necessary to address the higher construction costs for the overall Project and the increased funding needed from the City; the City’s share in the Project cost is now Five Million One Hundred Eighty-Six Thousand Five Hundred Two and 42/100 Dollars ($5,186,502.42) from various City funding sources (Capital Improvement Fund, Sewer Fund, Water Fund, and Parking Fund); and WHEREAS, the City Council of the City of Evanston has determined that it is in the best interests of the City of Evanston to enter into said Agreement with IDOT, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized and directed to sign and the City Clerk authorized and directed to attest on behalf of the City the cost local participation Agreement by and between the City of Evanston and IDOT, attached hereto as Exhibit A and incorporated herein by reference. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional conditions of the Agreement as may be determined to be in the best interests of the City. SECTION 3: That this Resolution 49-R-16 shall be in full force and effect from and after its passage and approval in the manner provided by law. 190 of 620 49-R-16 ~3~ ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Adopted: ________________, 2016 191 of 620 49-R-16 ~4~ EXHIBIT 1 Local Agency Participation Agreement 192 of 620 Printed 7/11/2016 Page 1 of 2 BLR 05311 (Rev. 09/03/15) Local Public Agency City of Evanston State Contract Day Labor Local Contract RR Force Account Local Public Agency Amendment # 1 for Federal Participation Section: 13-00270-00-CH Fund Type: STU CMAQ ITEP / SRTS / HSIP Number(s) Construction Engineering Right-of-Way Job Number Project Number Job Number Project Number Job Number Project Number C-91-065-14 CMM-M-4003(237) This Amendment is made and entered into between the above local public agency, hereinafter referred to as the “LPA”, and the state of Illinois, acting by and through its Department of Transportation, hereinafter referred to as “STATE”. The STATE and LPA have jointly proposed to improve the designated location as described below and agree to the changes outlined in this Amendment. The improvement shall be constructed in accordance with plans approved by the STATE and the STATE’s policies and procedures approved and/or required by the Federal Highway Administration, hereinafter referred to as “FHWA”. Location Location 1)Asbury Avenue, 2) Emerson Street 3) Green Bay Road, 4) Ridge Avenue Route 1) FAU 3732,FAU 1312 3) FAU 2744, 4) FAU 3509 Length 1) 0.10 mi. 2) 0.18 mi. 3) 0.76 mi. 4) 0.28 mi. Termini 1) Green Bay Road to Emerson Street, 2) Oak Street to Asbury Avenue, 3) Ridge Avenue to McCormick Boulevard, 4) Garnett Place to Clark Street Current Jurisdiction LPA TIP Number 02-06-0034 Existing Structure No 016-0289 Amended Division of Cost Type of Work STU % CMAQ % LPA % Total Participating Construction 2,758,780 ( * ) 3,235,000 ( ** ) 2.281,185.75 ( BAL ) 8,274,965.75 Non-Participating Construction ( ) ( ) 2,905,316.67 ( 100 ) 2,905,316.67 Preliminary Engineering ( ) ( ) ( ) Construction Engineering ( ) ( ) ( ) Right of Way ( ) ( ) ( ) Railroads ( ) ( ) ( ) Utilities ( ) ( ) ( ) Materials TOTAL $ 2,758,780 $ 3,235,000 $ 5,186,502.42 $ 11,180,282.42 * Maximum FHWA (STU) participation 70% not to exceed $2,758,780 **Maximum FHWA (CMAQ) participation 80% not to exceed $3,235,000 Non-Participating Construction includes but is not limited to roadway lighting, water main, and landscaping. NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LPA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursment. If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above. Local Public Agency Appropriation For Amendments Increasing the LPA share: By execution of this Amendment, the LPA attests that additional moneys have been appropriated or reserved by resolution or ordinance to fund the aditional share of LPA project costs. A copy of the resolution or ordinance is attached as an addendum(required for increases to state-let contracts only). 193 of 620 Printed 7/11/2016 Page 2 of 2 BLR 05311 (Rev. 09/03/15) ADDENDA Additional information, changes, and/or stipulations to the original Agreement are hereby attached and identified below as being a part of this Amendment. (Insert addendum numbers and titles as applicable) BE IT MUTUALLY AGREED that all remaining provisions of the original agreement not altered by this Amendment shall remain in full force and effect and the Amendment shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. The LPA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Amendment and all Addenda. APPROVED APPROVED Local Public Agency State of Illinois Department of Transportation Name of Official (Print or Type Name) Randall S. Blankenhorn, Secretary Date By: Title (County Board Chairperson/Mayor/Village President/etc.) Aaron A. Weatherholt, Deputy Director of Highways Date Omer Osman, Director of Highways/Chief Engineer Date (Signature) Date The above signature certifies the agency’s TIN number is William M. Barnes, Chief Counsel Date conducting business as a Governmental Entity. DUNS Number Jeff Heck, Chief Fiscal Officer (CFO) Date NOTE: If the LPA signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this agreement is required. 194 of 620 Addendum No. 1 LOCATION MAP City of Evanston Emerson/Ridge/Green Bay/Asbury Section Number 13-00270-00-CH Project Limits: • Green Bay Road - Ridge to McCormick • Emerson Street – Asbury to Oak • Ridge Avenue – Clark to Garnett • Asbury Avenue – Emerson to Green Bay PROJECT LOCATION N 195 of 620 For City Council meeting of July 25, 2016 Item A7 Resolution 48-R-16, Parking Lease with 1571 Maple at City Garage For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Erika Storlie, Director of Administrative Services Rickey A. Voss, Parking/Fleet Manager Subject: Resolution 48-R-16, Lease Agreement with 1571 Maple Avenue, LLC at City Garage Located at 1800 Maple Date: July 12, 2016 Recommended Action: Staff recommends that the City Council adopt Resolution 48-R-16 authorizing the City Manager to enter into multi-year parking lease with 1571 Maple Avenue, LLC (225 W. Hubbard Street, 4th Floor, Chicago, IL 60654) for 101 parking spaces in the 1800 Maple Avenue parking garage. Funding Source: Parking Fund Revenue 505.19.7025.53510 Background: On April 13, 2015, the City Council enacted Ordinance 19-O-15 (attached), which granted a Special Use Permit for a Planned Development at 1571 Maple Avenue. A condition of the Ordinance 19-O-15 required the Applicant (1571 Maple Avenue, LLC) to sign a lease agreement for 101 parking spaces in the 1800 Maple Avenue parking garage; the City Council determined the best interests of the City would be served by leasing parking spaces for residents of the future development at 1571 Maple Avenue. Section 1-17-4-1 of the Evanston City Code of 2012, states the City Council may authorize leases of parking by resolution. The initial term of this Lease shall start on the date of issuance of the Final Certificate of Occupancy and end at midnight on the last day of the calendar month that is seven (7) years (eighty-four (84) months) after the Rent Commencement Date. Subject to the notice requirements of the Agreement, and provided that at the time of such notice the Tenant is not then in Default under the terms of this Agreement, the Tenant is hereby granted the right to a Renewal Option to extend this Agreement one or more successive times, each for a period of five (5) years each. If Tenant does not exercise the first Renewal Option, this Agreement shall end on the last day of the Initial Term, unless Memorandum 196 of 620 terminated at an earlier date. Tenant and Landlord acknowledge and agree that this Agreement is intended to remain in effect with the Landlord for the time that the Tenant’s Project at 1571 Maple Avenue, Evanston, Illinois, serves as a residential building unless the Ordinance is amended by the City Council as an amendment to the Planned Development or unless otherwise terminated pursuant to one of the express provisions of the lease. Attachments: Resolution 48-R-16 Ordinance 19-O-15 197 of 620 6/6/2016 48-R-16 A RESOLUTION Authorizing the City Manager to Enter Into a Parking Lease Agreement with 1571 Maple Avenue, LLC at the City Garage Located at 1800 Maple Avenue WHEREAS, the City of Evanston (“City”) owns a parking garage at the location commonly known as 1800 Maple Avenue in Evanston, Illinois, and a parking lot at the location commonly known as 1800 Maple Avenue; and WHEREAS, on April 13, 2015, the City Council enacted Ordinance 19-O-15 which granted a Special Use Permit for a Planned Development (the “Planned Development”) at 1571 Maple Avenue (the “Subject Property”); and WHEREAS, Condition Z of the Ordinance 19-O-15 required the Applicant to sign a lease agreement for 101 parking spaces in the 1800 Maple Avenue parking garage; and WHEREAS, the City Council of the City of Evanston has determined that the best interests of the City would be served by leasing parking spaces for residents of the future development at 1571 Maple Avenue; and WHEREAS, pursuant to Section 1-17-4-1 of the Evanston City Code of 2012, the City Council may authorize leases of parking by resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT: SECTION 1: The City Manager is hereby authorized and directed to sign, and the City Clerk hereby authorized and directed to attest on behalf of the City, a lease 198 of 620 48-R-16 ~2~ between the City and 1571 Maple Avenue, LLC for parking in the City Parking Garage, 1800 Maple Avenue, attached hereto as Exhibit 1 and incorporated herein by reference. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional terms and conditions of said leases as he may determine to be in the best interests of the City and in a form acceptable to the Corporation Counsel. SECTION 3: This Resolution shall be in full force and effect from and after its adoption. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2016 199 of 620 48-R-16 ~3~ EXHIBIT 1 Parking Lease Agreement 200 of 620 PARKING LEASE AGREEMENT FOR PARKING IN THE 1800 MAPLE AVENUE GARAGE BETWEEN THE CITY OF EVANSTON AND 1571 MAPLE AVENUE, LLC 201 of 620 2 TABLE OF CONTENTS 1. Date and Parties. ....................................................................................................................... 3 2. Planned Development Project ................................................................................................... 3 3. Leased Premises ........................................................................................................................ 3 4. Lease Term................................................................................................................................ 3 5. Annual Vehicle Ownership Reports .......................................................................................... 3 6. Rent. .......................................................................................................................................... 4 7. Transponders. ............................................................................................................................ 5 8. Non-Exclusive Use ................................................................................................................... 5 9. Renewal..................................................................................................................................... 5 10. Accounting of Leased Spaces ................................................................................................... 5 11. Books and Records ................................................................................................................... 6 12. Compliance with Law ............................................................................................................... 6 13. Landlord Repair Responsibility ................................................................................................ 6 14. Tenant Alterations Prohibited ................................................................................................... 6 15. Utilities ...................................................................................................................................... 6 16. Insurance to be Maintained by Landlor .................................................................................... 6 17. Casualty/Restoration ................................................................................................................. 7 18. Eminent Domain ....................................................................................................................... 7 19. Assignment, Subletting and Ownership .................................................................................... 8 20. Signs .......................................................................................................................................... 8 21. Indemnification ......................................................................................................................... 8 22. Holdover ................................................................................................................................... 8 23. Tenant Default .......................................................................................................................... 9 24. Landlord’s Remedies ................................................................................................................ 9 25. Time is of the Essence .............................................................................................................. 9 26. Successors and Assigns............................................................................................................. 9 27. Quiet Enjoyment ....................................................................................................................... 9 28. Prior Agreements/Amendments ................................................................................................ 9 29. Sale of Premises ........................................................................................................................ 9 30. Notices .................................................................................................................................... 10 202 of 620 3 PARKING LEASE AGREEMENT 1. Date and Parties. This Parking Lease Agreement (“Agreement”) is made on this _____ day of ______________ 2016 (the “Effective Date”), by and between the City of Evanston, an Illinois municipal corporation (“Landlord”), and 1571 Maple Avenue, LLC, an Illinois limited liability company (“Tenant”). 2. Planned Development Project Tenant is the fee owner of the property commonly known as 1571 Maple Avenue, Evanston, Illinois, legally described on Exhibit A to Exhibit 1 attached hereto and incorporated herein (“Tenant’s Property”). Tenant intends to construct a mixed use building on Tenant’s Property (“Project”) that includes 101 rental apartment units in accordance with the terms and conditions of that certain City of Evanston Ordinance 19-O-15, a copy of which is attached hereto as Exhibit 1 (“Ordinance”). The Ordinance, among other things, authorized the issuance of a Special Use Permit for a Planned Development and certain Site Development Allowances to permit construction of the Project. 3. Leased Premises. Landlord is the fee owner of the property legally described in Exhibit 2, attached hereto and incorporated herein, and commonly known as 1800 Maple Avenue, Evanston, Illinois 60201 (“Property”), which Property is improved with a parking garage (“Public Garage”). In furtherance of the requirements of the Ordinance, Tenant desires to lease from Landlord, and Landlord agrees to lease to tenant, one hundred one (101) covered parking spaces in the Public Garage (such number of spaces, the “Leased Premises”) subject to the terms and conditions of this Agreement. Landlord and Tenant acknowledge and agree that the number of covered parking spaces constituting the Leased Premises is subject to adjustment after the expiration of the Initial Term and any Renewal Term (each, as hereinafter defined) as set forth in Section 5(e) of this Agreement. 4. Lease Term. The initial term (“Initial Term”) of this Lease shall start on the date of issuance of the Final Certificate of Occupancy and end at midnight on the last day of the calendar month that is seven (7) years (eighty-four (84) months) after the Rent Commencement Date (as defined in Section 6). Subject to the notice requirements of this Agreement, and provided that at the time of such notice the Tenant is not then in Default (as herein defined) under the terms of this Agreement, the Tenant is hereby granted the right and privilege (each, a “Renewal Option”) to extend this Agreement one or more successive times, each for a period of five (5) years (each, a “Renewal Term”). Each Renewal Option shall be exercised, if at all, pursuant to the terms of Section 9 of this Agreement. If Tenant does not exercise the first Renewal Option, this Agreement shall end on the last day of the Initial Term, unless terminated at an earlier date. Tenant and Landlord acknowledge and agree that this Agreement is intended to remain in effect with the Landlord for the time that the Tenant’s Project at 1571 Maple Avenue, Evanston, Illinois, serves as a residential building, unless Condition Z of the Ordinance is amended by the City Council of the City of Evanston as an amendment to the Planned Development or unless otherwise terminated pursuant to one of the express provisions hereof. 5. Annual Vehicle Ownership Reports. During the Initial Term and any Renewal Term, Tenant is obligated to provide certain disclosures related to vehicle ownership at the Project as set forth below and in Sections 10 and 11 hereof: 203 of 620 4 (a) For the Initial Term and any additional Renewal Terms, if any, of this Agreement, Tenant shall require all residents of the Project to disclose whether they own a vehicle. Tenant shall also conduct periodic reviews of the number of vehicles owned by Project residents to ensure that the number parking spaces in the Leased Premises can accommodate such number of vehicles. Tenant shall provide a certified vehicle ownership report to the Landlord annually by January 31st of each calendar year during the Initial Term and any Renewal Term of this Agreement. (b) Landlord will monitor the Tenant’s certified vehicle ownership reports. The costs incurred by the Landlord to monitor the Tenant’s certified vehicle ownership report shall be included in the Rent. (c) If at any time during the Initial Term the annual vehicle ownership report indicates that the residents of the Project own more than one hundred one (101) vehicles, and thus require more than one hundred one (101) parking spaces in the Public Garage, then Landlord and Tenant agree to amend this Agreement to increase the number of parking spaces that constitute the Leased Premises to include the additional necessary parking spaces. Such amendment will be reviewed by the City Council, and if approved, must constitute an amendment to this Agreement. (d) Tenant agrees to deny apartment leases to potential residents of 1571 Maple Avenue, Evanston, Illinois, who own vehicles until such time as the number of vehicles owned by the residents of the building and required to park in the 1800 Maple Avenue garage falls below one hundred one (101) needed spaces, or until the surplus parking spaces can be accommodated in a revised lease agreement with the Landlord as provided in Section 5(c) hereof. (e) During the Initial Term, if Tenant’s certified vehicle ownership report indicates that the number of vehicles owned by Project residents is less than one hundred one (101) vehicles, then, effective as of the expiration of the Initial Term, Tenant may request an amendment to this Agreement to reduce the number of parking spaces that constitute the Leased Premises to the highest number of spaces evidenced on the annual vehicle ownership reports during the Initial Term. Such amendment will reviewed by the City Council, and if approved, must constitute an amendment to this Agreement, effective for the succeeding Renewal Term, and the Rent during such Renewal Term shall be adjusted based on the number of parking spaces required. Thereafter, if the annual vehicle ownership reports evidence a further decrease in vehicle ownership during any Renewal Term, Tenant is permitted to request an amendment to this Agreement that will be reviewed by the City Council, and if approved must constitute an amendment to this Agreement, effective as of the commencement of the succeeding Renewal Term and subject to the corresponding reduction in Rent. 6. Rent. As required under the Ordinance, during the Initial Term and any Renewal Term, the Tenant agrees to pay the Landlord as rent for the Leased Premises, an amount equal to the standard monthly rate in effect from time to time at the Public Garage for a leased automobile space. For purposes of this Agreement, monthly rent shall equal: the actual monthly standard automobile parking fee in effect at the Public Garage multiplied by 101 parking spaces, as required by the Ordinance (collectively, “Rent”). Rent shall be prepaid in monthly installments on or before the first day of each month during the Initial Term, or any Renewal Term, as the case may be. Rent and other charges due under this Lease shall be made payable to City of Evanston, and delivered to City of Evanston, Attn: Collector’s Office, 2100 Ridge Avenue, Evanston, Illinois 60201 or at such other place as Landlord may from time to time 204 of 620 5 designate in writing. Rent shall begin to accrue as of the date that is 180 days after the day Tenant receives a Certificate of Occupanc y from Landlord for the Project (such date, the “Rent Commencement Date”). Landlord may, in its sole discretion, increase the standard monthly parking rate for automobiles at the Public Garage and deliver written notice thereof to Tenant. Notwithstanding anything to the contrary in this Agreement, such changes to the Rent made pursuant to this Section 6 shall not require a written amendment to this Agreement and shall be deemed effective as of the first day of the month that occurs not less than thirty (30) days after Tenant’s receipt of Landlord’s notice as required in this Section, and commencing with such month, Tenant shall pay to Landlord the increased standard monthly rate. 7. Transponders. Tenant shall be issued a total number of transponders equivalent to the total number of parking spaces in the Leased Premises as provided for in this Agreement. The cost of the transponders shall be at the Tenant’s sole expense and shall be provided by the Landlord. Tenant is solely responsible for maintaining and insuring proper use of all transponders. Any attempt to manipulate or circumvent any parking procedures or the provisions of this Agreement may result in immediate revocation of parking privileges. Tenant acknowledges that the transponder must be used upon entry and exit to the Public Garage. Absent such use, Tenant may be subject to the daily parking rate for said facility. Tenant acknowledges that a replacement charge for lost or damages transponders will be imposed by Landlord at the Tenant’s sole expense and a deposit fee will need to be posted for each transponder. 8. Non-Exclusive Use. Spaces in the Public Garage shall not be reserved for exclusive use by the Tenant. Tenant shall have non-exclusive use of the number of spaces that constitute the Leased Premises and for parking purposes only. The Tenant acknowledges and agrees that only residents of the Project will be permitted to use the Leased Premises under this Agreement. Landlord will supply permits to Tenant for display in resident vehicles parked in the Leased Premises. Vehicles parked in the Public Garage without a Landlord issued permit clearly displayed in the vehicle will be subject to being ticketed and/or towed. Tenant will instruct its residents that they may park anywhere in the Leased Premises except the roof of the facility. 9. Renewal. The Tenant shall exercise each Renewal Option, if at all, by written notice delivered to Landlord within sixty (60) days of the expiration of the Initial Term or then current Renewal Term, as the case may be. All of the terms and provisions of this Agreement shall apply to each Renewal Term except that the description of the number of spaces in the Leased Premises and the Rent shall be adjusted accordingly if Tenant has exercised the right to request such adjustments pursuant to Section 5(e) of this Lease. In the event the Tenant timely exercises a Renewal Option, the Landlord and the Tenant each agree to execute an amendment to this Agreement in a form reasonably acceptable to Landlord and Tenant and such amendment shall be approved by the City Council as an amendment to this Agreement. In the event Tenant seeks to not renew the Agreement, Tenant must provide written notice of its plan of compliance with conditions set forth in the Ordinance, notably Condition Z. 10. Accounting of Leased Spaces. If requested by Landlord, Tenant shall deliver to Landlord the following information, along with a statement signed by an authorized representative of Tenant certifying: 205 of 620 6 (a) The total number of permits or licenses issued to residents of the Project for the Leased Premises; and (b) The monthly fees charged by Tenant for use of the Leased Premises. 11. Books and Records. Tenant shall maintain complete and accurate books and records of account in accordance with generally accepted business and accounting practices with respect to the use of and licensing and subleasing of the Leased Premises to sublessees (but not including any revenues derived from such licenses). The books and records of account shall be retained by Tenant for four (4) years, and, upon request by Landlord, Tenant shall deliver possession of the books and records, or accurate copies thereof, to Landlord. In addition, upon expiration or termination of this Agreement, and for four years thereafter, Tenant shall make available to Landlord for inspection and copying (at no expense to Landlord) the books and records of four (4) years preceding the expiration or termination of this Agreement. Landlord or its authorized representatives may conduct at any time upon reasonable prior notice, an audit or inspection of the books and records of Tenant relating to the licensing or subleasing of the Leased Premises to sublessees solely for the purpose of determining the degree to which sublessees used the Leased Premises and whether Tenant has complied with this Agreement and City of Evanston Ordinance 19-O-15. The obligations of Tenant under this Section shall survive the expiration or early termination of this Agreement. 12. Compliance with Law. Tenant shall not use the Leased Premises, or knowingly permit anything to be done in or about the Leased Premises, that will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated. 13. Landlord Repair Responsibility. Landlord shall repair and maintain the Leased Premises, including snow removal, paving, repair of potholes, and curb cuts. Landlord shall not be liable for any failure to make such repairs or to perform any maintenance if need for such repair is due to the neglect on the part of the Tenant. Tenant shall provide Landlord with written notice of any repairs needed and Landlord shall address said repair(s) within a reasonable time to be agreed between City and Tenant. If during such repairs, Landlord is unable to make the number of parking spaces required under this Agreement available for use by residents of the Project for a period of ten (10) consecutive days or more, then Rent shall abate on a per diem basis and for the number of parking spaces affected accordingly. Such abatement shall be applied to the next monthly installment of Rent due, or if the last required installment of Rent has been paid, Landlord shall refund such amount to Tenant within thirty (30) days of the completion of such repair. The provisions of this Section shall not apply in the case of damage or destruction by fire or other casualty or a taking under the power of eminent domain which are governed by Sections 19 and 20, respectively, of this Agreement. 14. Tenant Alterations Prohibited. Tenant shall not, at any time during the Lease Term, make any alterations, decorations, additions, or improvements to the Leased Premises. 15. Utilities. Landlord shall be responsible for and pay for all utilities supplied to the Leased Premises. 16. Insurance to be Maintained by Landlord. Throughout the term, Landlord covenants to maintain insurance with respect to the Public Garage insuring against loss or 206 of 620 7 damage by fire and such other hazards for the full insurable replacement cost of such improvements, less deductibles; and comprehensive public liability, and property damage insurance in such limits as deemed appropriate. 17. Casualty/Restoration. In the event the Public Garage is damaged by fire, explosion or any other casualty and as a consequence thereof, Landlord is unable to provide the required number of spaces at the Leased Premises, then Tenant’s Rent shall abate based on the number of unavailable parking spaces, for such time and until such restoration and repair is completed. Any credit due to Tenant will be applied to the succeeding Rent payment(s) due, or if no such payment shall become due, then Landlord shall refund such amount to Tenant on or prior to the date that is thirty (30) days after completion of the restoration. In the event that Landlord elects not repair, then this Agreement shall terminate as of the date of the casualty and notwithstanding anything to the contrary in the Ordinance, Tenant shall have no further obligation to lease parking spaces from Landlord and the Project shall be deemed conforming as to parking. Notwithstanding, the foregoing, Landlord may elect to nullify such termination by written notice to tenant delivered within ninety (90) days of the date of termination if Landlord makes comparable parking accommodations available to Tenant for an equal or lesser number of spaces within the same or lesser distance from the Project at or below the Rent rates in effect as of the date of termination. In the event that Landlord timely notifies Tenant of such election, Landlord and Tenant shall amend this Agreement to reflect the substitute location of the Leased Premises, number of parking spaces and Rent generally charged for monthly automobile parking at the substitute location, and such other modifications to terms and conditions that are warranted on the basis of such substitution and this Agreement shall remain in full force and effect. 18. Eminent Domain. (a) More than 50% Taken: If 50 percent (50%) or more of the Public Garage is taken for a public or quasi-public use, this Agreement will terminate as of the date of the physical taking, and notwithstanding anything to the contrary in the Ordinance, Tenant shall have no further obligation to lease parking spaces from Landlord and the Project shall be deemed conforming as to parking. Notwithstanding the foregoing, the landlord may elect to nullify such termination by providing substitute, comparable parking in accordance with the provisions of Section 19 hereof. (b) Less than 50% Taken: If the taking affects less than 50 percent of the Public Garage and Landlord continues to provide the required number of parking spaces to Tenant, then Landlord will, with reasonable diligence, proceed at Landlord’s expense to repair or reconstruct the Public Garage to a tenantable covered parking condition within 90 days after the date of the actual physical taking. (c) Abatement of Rent: During any repair, Tenant’s Rent shall abate based on the number of unavailable parking spaces, for such time and until such restoration and repair is completed. Any credit due to Tenant will be applied to the succeeding Rent payment(s) due, or if no such payment shall become due, then Landlord shall refund such amount to Tenant on or prior to the date that is thirty (30) days after the completion of the repair. (d) Right to Condemnation Award: Any award made in any condemnation proceeding for the taking of any part of the Premises will be the sole property of Landlord. 207 of 620 8 19. Assignment, Subletting and Ownership. (a) Prohibition against Transfer. Tenant may, without Landlord’s consent and notwithstanding anything to the contrary in this Agreement, sublet all or any portion of the Leased Premises or assign the Lease to (i) a subsidiary, parent, affiliate, division or corporation controlled by or under common control with Tenant; or (ii) a successor corporation related to Tenant by merger, consolidation, reorganization or government action. Additionally, Tenant may assign this Lease (x) to a successor owner in the event of a sale of Tenant’s Property, or (y) to Tenant’s lender as additional security for Tenant’s loan, and in either case, Landlord shall consent to such assignment, the form of which assignment and consent shall be subject to the reasonable approval of the parties. In the case of an assignment pursuant to clause (y) hereof, if requested by Tenant’s lender to protect and perfect its interest in the Lease and to maintain the conforming status of the Project, Landlord agrees to: permit the Lease or a memorandum thereof to be recorded; allow Tenant’s lender to obtain and record a leasehold mortgage; and if requested, enter into a lessor’s agreement in form and substance reasonably satisfactory to Tenant’s lender and Landlord. No portion of the Leased Premises shall be sublet for any purpose other than parking. All subleases or assignments must be in compliance with current provisions of the City of Evanston Code. (b) Any attempt or purported transfer, assignment, subletting, mortgage, or agreement (hereinafter collectively referred to as a “Transfer”) other than what is stated in this Section 21, without Landlord’s prior written consent shall be void and of no force or effect and shall not confer any interest or estate in the purported transferee. However, Tenant shall remain liable for any and all rents and monies due Landlord up to and including the date of such termination and shall not be relieved of its obligations and responsibilities to pay all amounts due to Landlord. 20. Signs. Tenant may not erect or install any signage, of any nature or design, without Landlord’s prior written consent and without following the submission and approval process set forth in the City Code. 21. Indemnification. Except as otherwise provided in this Agreement, Tenant shall protect, indemnify and save Landlord and its officers, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from injury to persons or damage to property on the Leased Premises, arising out of or in connection with Tenant’s use or occupancy of the Leased Premises or Tenant’s activities on the Leased Premises, or arising from any negligent or willful act of Tenant. Tenant shall pay for all of Landlord’s costs of suit and attorneys’ fees and expenses. 22. Holdover. On the last day of the Initial Term or Renewal Term, as the case may be, or upon any earlier termination of this Agreement, or upon any re-entry by Landlord upon the Leased Premises, Tenant shall quit and surrender the Leased Premises to Landlord and return the transponders. If Tenant remains in possession after the expiration date or after any earlier termination date of this Agreement (a) Tenant shall be deemed a tenant at will; (b) Tenant shall pay hundred percent (100%) of the last prevailing Rent hereunder, (c) there shall be no renewal or extension of this Agreement by operation of law, and (d) the tenancy at will may be terminated upon thirty (30) days’ notice from Tenant or Landlord. 208 of 620 9 23. Tenant Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by Tenant: (a) If Tenant fails to pay the monthly Rent or any other charges required to be paid by Tenant within ten (10) business days of the date such payments are due; or (b) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Agreement and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that if the nature of any such default is such that the same cannot be cured within thirty (30) days, Tenant shall have such additional period of time as may be necessary to cure such default provided that it commences to cure said default within the thirty (30) day period and proceeds diligently thereafter to complete such cure, and provided further that such default is cured within one hundred and twenty (120) days from the date of Landlord’s notice to Tenant; or (c) Tenant shall make a general assignment the benefit of creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy. 24. Landlord’s Remedies. In the event of Tenant’s default hereunder, then after applicable notice and the expiration of any cure period, Landlord shall have the right, at Landlord’s option, upon giving notice to tenant, to terminate this Agreement and Tenant’s right of possession of the Leased Premises. 25. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor, and all provisions herein and all provisions relating thereto, shall be strictly construed. 26. Successors and Assigns. All of the provisions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. No third party, other than such heirs, legal representatives, successors and assigns, shall be entitled to enforce any or all of the provisions of this Agreement or shall have any rights hereunder whatsoever. 27. Quiet Enjoyment. Upon Tenant paying the Rent reserved hereunder and observing and performing all of the covenants, conditions and provisions on Tenant’s part to be observed and performed hereunder, Tenant shall have quiet possession of the Leased Premises for the entire Initial Term and any Renewal Term hereof, subject to all the provisions of this Agreement. 28. Prior Agreements/Amendments. This Agreement contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Agreement, and no prior agreements or understanding pertaining to any such matters shall be effective for any purpose. No provision of this Agreement may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successors in interest or except as expressly provided in this Agreement. 29. Sale of Premises. In the event of any sale of the Leased Premises by Landlord, Landlord shall deliver written notice to tenant thereof not less than thirty (30) days prior to the 209 of 620 10 proposed sale. Upon sale of the Leased Premises, Landlord shall be and is hereby entirely freed and relieved of all liability under any and all of its covenants and obligations contained in or derived from this Agreement arising out of any act, occurrence or omission occurring after the consummation of such sale, and without further action of the Landlord or the City Council, Tenant shall be not relieved of its obligation to provide 101 parking spaces to Tenants’ of the Project as required by the Ordinance. Notwithstanding the foregoing, at Tenant’s election by notice delivered to Landlord, the purchaser of the Leased Premises shall assume and agree to carry out any and all of the covenants and obligations of the Landlord under this Agreement, as the same may be modified by Tenant and such purchaser, pursuant to an assignment and assumption agreement reasonably acceptable to said parties. If Tenant elects to not lease parking spaces at the Leased Premises following the sale, Tenant must provide the City of Evanston notice of how it will comply with the Ordinance requirements for parking at an alternative site(s). 30. Notices. Notices and demands required or permitted to be given hereunder shall be given by personal delivery or reputable overnight courier (such as Federal Express), or registered or certified mail to: Tenant: 1571 Maple Avenue, LLC c/o CP2 Management LLC 225 W. Hubbard Street, 4th Floor Chicago, Illinois 60654 Attn: Legal Department Landlord: City of Evanston Attn: City Manager 2100 Ridge Avenue Evanston, IL 60201 with a copy to: City of Evanston Attn: Corporation Counsel 2100 Ridge Avenue Evanston, IL 60201 [SIGNATURES ON FOLLOWING PAGE] 210 of 620 11 IN WITNESS WHEREOF, Landlord and Tenant have executed this Agreement the day and year first above written. LANDLORD: CITY OF EVANSTON an Illinois municipal corporation By: ______________________________________ Its: City Manager Print Name: Wally Bobkiewicz TENANT: 1571 MAPLE AVENUE, LLC an Illinois limited liability company By: 1571 Maple Avenue Associates LLC, a Delaware limited liability company By: CP Maple Avenue Member, LLC, an Illinois limited liability company, Its: Managing Member By: Print Name: John McLinden Its: Manager 211 of 620 A-1 EXHIBIT 1 Ordinance 19-O-15 212 of 620 A-1 EXHIBIT A TO EXHIBIT 1 Legal Description of Tenant’s Property PARCEL 1: THE SOUTH 50 FEET OF THE NORTH 200 FEET OF THE WEST 120 FEET OF BLOCK 63 IN EVANSTON (EXCEPT SO MUCH OF SAID PREMISES, IF ANY, WHICH LIES NORTH OF THE SOUTH 300 FEET OF SAID BLOCK 63) TOGETHER WITH THE SOUTH 10 FEET OF THE NORTH 200 FEET OF SAID BLOCK 63, EXCEPT THEREFROM THE WEST 120 FEET THEREOF AND EXCEPT THAT PART THEREOF DEDICATED FOR STREET PURPOSES; ALSO THAT PART OF SAID BLOCK 63, IF ANY, LYING BETWEEN THE NORTH 200 FEET AND THE SOUTH 250 FEET 1 1/2 INCHES OF SAID BLOCK 63 MEASURED ALONG THE WEST LINE OF SAID BLOCK AND LYING WEST OF THE WESTERLY LINE OF ELMWOOD AVENUE ALL IN EVANSTON, A SUBDIVISION OF THE EAST 1/2 OF THE SOUTH EAST 1/4 OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND PART OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2: THE NORTH 150 FEET OF THAT PART OF BLOCK 63 IN EVANSTON WHICH LIES WEST OF THE RIGHT OF WAY OF THE CHICAGO AND MILWAUKEE RAILROAD (KNOWN AS THE CHICAGO AND NORTHWESTERN RAILROAD) (EXCEPT THEREFROM THE WEST 83 1/2 FEET AND EXCEPT THAT PART THEREOF DEDICATED FOR STREET PURPOSES) SAID BLOCK 63 BEING SITUATED IN THE SOUTHWEST 1/4 OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 3: THE SOUTH 40 FEET OF THE NORTH 190 FEET OF THAT PART OF BLOCK 63 IN EVANSTON WHICH LIES WEST OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILROAD COMPANY (EXCEPT THEREFROM THE WEST 120 FEET THEREOF AND EXCEPT THAT PART THEREOF DEDICATED FOR STRT PURPOSES) SAID BLOCK 63 SITUATED IN THE SOUTHWEST 1/4 OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 4: THE WEST 83 1/2 FEET OF THE SOUTH 20 FEET OF THE NORTH 150 FEET OF BLOCK 63 IN THE VILLAGE OF EVANSTON, BEING A SUBDIVISION OF PARTS OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND 213 of 620 A-1 IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 5: THE EAST 20 FEET 10 INCHES OF THE WEST 83 FEET AND 5 1/2 INCHES OF THE NORTH 130 FEET OF BLOCK 63 IN VILLAGE OF EVANSTON IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS PINS: 11-18-310-004-0000 11-18-310-006-0000 11-18-310-007-0000 11-18-310-008-0000 11-18-310-019-0000 11-18-310-020-0000 ADDRESS: 1571 MAPLE AVENUE, EVANSTON, ILLINOIS 60202 214 of 620 B-4 EXHIBIT 2 LEGAL DESCRIPTION OF LANDLORD’S PROPERTY PARCEL 4 – PARKING LOT 4 OF THE CHURCH MAPLE RESUBDIVISION BEING A RESUBDIVISION OF PART OF DEMPSTER’S SUBDIVISION OF BLOCK 66 OF THE VILLAGE OF EVANSTON, COOK COUNTY, ILLINOIS; PART OF THE CHICAGO AND NORTHWESTERN RAILROAD RIGHT OF WAY (FORMERLY CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD RIGHT OF WAY); PART OF BLOCK 18 IN THE VILLAGE OF EVANSTON; ALL OF BLOCKS 2 AND 3 IN CIRCUIT COURT SUBDIVISION IN PARTITION OF LOT 22 IN THE COUNTY CLERK’S DIVISION OF UNSUBDIVIDED LANDS; AND PART OF VACATED CLARK STREET AND EAST RAILROAD AVENUE; BEING IN THE NORTHWEST QUARTER AND THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS. PINS: 11-18-117-004-0000 ADDRESS: 1800 MAPLE AVENUE, EVANSTON, ILLINOIS 60202 215 of 620 Doc#:1530313058 Fee: $140.( RHSP Fee:$9.00 RPRF Fee: $1.00 Karen A.Yarbrough Cook County Reoorder of Deeds Date: 10/30/2015 02:03 PM P9:1 of 5 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR A PLANNED DEVELOPMENT LOCATED AT 1571 MAPLE AVENUE IN THE D3 DOWNTOWN CORE DEVELOPMENT DISTRICT IN THE CITY OF EVANSTON. ADDRESS:1571 MAPLE AVENUE PINS: 11-1 8-3 10-004-0000 11-18-310-006-0000 11-18-310-007-0000 11-18-310-008-0000 11-18-310-019-0000 11-18-310-020-0000 216 of 620 Certificate as Keeper of Records, Files and Seals STATE OF ILLINOIS) COUNTY OF COOK I, AKASHA S. TERRIER, Deputy City Clerk of the City of Evanston in the County of Cook and State aforesaid and Keeper of the Records, Files and Seal of said City, do hereby certify that attached hereto is a true and correct copy of 19-0-15 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR A PLANNED DEVELOPMENT LOCATED AT 1571 MAPLE AVENUE IN THE D3 DOWNTOWN CORE DEVELOPMENT DISTRICT.__________________ all of which appear from the records and files in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the City of Evanston this 20TH day of OCTOBER ,2015 _-" Akasha S. Terrier, Deputy City Clerk 217 of 620 4/7/2015 3/19/2015 1/27/2015 19-0-15 Granting a Special Use Permit for a Planned Development Located at 1571 Maple Averne in the D3 Downtown Core Development District WHEREAS,the City of Evanston is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, as a home rule unit of government, the City has the authority to adopt ordinances and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970, states that the "powers and functions of home rule units shall be construed liberally," was written "with the intention that home rule units be given the broadest powers possible" (Scadron V. City of Des P/ames,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, at 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 218 of 620 19-0-15 WHEREAS, 1571 Maple Avenue LLC ('Applicant"), the Applicant for the proposed development located at 1571 Maple Avenue,Evanston, Illinois (the "Subject Property"), legally described in Exhibit A, which is attached hereto and incorporated herein by reference, applied, pursuant to the provisions of the Zoning Ordinance, specifically Section 6-3-5, "Special Uses", Section 6-3-6, "Planned Developments", and Subsection 6-11-1-10, "Planned Developments" in Downtown Zoning Districts, to permit the construction and operation of a Planned Development with accessory parking located at the Subject Property in the 03 Downtown Core Development Zoning District ("D3 District"); and WHEREAS, the Applicant sought approval to construct a new twelve (12) -story one hundred thirty-three and three tenths (133.3) foot tall mixed-use building consisting of up to one hundred one (101) residential units,with a floor area ratio of 4.8, approximately three thousand, six hundred ninety-six (3,696) gross square footage of commercial space and twelve (12) open on-site parking spaces;and WHEREAS construction of the Planned Development, as proposed in the application, requires exception from the strict application of the Zoning Ordinance with regards to the number of dwelling units, height, number of parking spaces provided, floor area ratio, ziggurat street side yard setback from the north property line along Davis Street, ziggurat front yard setback from the east property line along Elmwood Avenue, and ziggurat side yard setback from the northwest side property lines; and 219 of 620 19-0-15 Wi-IEREAS,pursuant to Subsection 6-3-6-5 of the Zoning Ordinance, the City Council may grant Site Development Allowances from the normal district regulations established in the Zoning Ordinance; and WHEREAS, on November 5, 2014, December 17, 2014, and January 14, 2015, in compliance with the provisions of the Illinois Open Meetings Act(5 ILCS 120/1 et seq.)and the Zoning Ordinance, the Plan Commission held a public hearing on the application for a Special Use Permit for a Planned Development, case no.I4PLND- 0118, heard extensive testimony and public comment,received other evidence, and made written minutes, findings, and recommendations;and WHEREAS, the Plan Commission's written findings state that the application for the proposed Planned Development meets applicable standards set forth for Special Uses in Subsection 6-3-5-10 of the Zoning Ordinance and Planned Developments in the D3 Downtown Core Development District per Subsection 6-11-1- 10 of the Zoning Ordinance; and WHEREAS, on January 14, 2015, the Plan Commission recommended the City Council approve the application with conditions; and - WHEREAS, on March 9, 2015, the Planning and Development ("P&D") Committee of the City Council held a meeting, in compliance with the provisions of the Open Meetings Act and the Zoning Ordinance,received input from the public, carefully considered and adopted the findings and recommendations of the Plan Commission, and recommended approval thereof by the City Council; and WHEREAS, at its meetings on March 9 and March 23, 2015,held in compliance with the Open Meetings Act and the Zoning Ordinance, the City Council -3-.- 220 of 620 19-0-15 considered the recommendation of the P&D Committee, received additional public comment, made certain findings, and adopted said recommendation; and WHEREAS, it is well-settled law that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfleld,213 Ill.App.3d 747) and is not subject to courtroom fact-finding (see National Paint & CoatingAss'n v. City of Chicago, 45 F3d 1124), NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1:The foregoing recitals are hereby found as facts and incorporated herein by reference. SECTION 2:Pursuant to the terms and conditions of this ordinance, the City Council hereby grants the Special Use Permit applied for in case no.I4PLND- 0118, to allow construction and operation of the Planned Development for a twelve (12) -story one hundred thirty-three and three tenths (133.3) foot tall mixed-use building consisting of up to one hundred one (101) residential units, with a floor area ratio of 4.8, approximately three thousand, six hundred ninety-six (3,696) gross square footage of commercial space and twelve (12) open on-site parking spaces. SECTION 3:The City Council hereby grants the following Site Development Allowances: (A)Number of Dwelling Units; A Site Development Allowance is hereby granted for one hundred one (101) residential dwelling units, whereas subsection 6-11-4- 4(B) of the Zoning Ordinance allows for a maximum of seventy three (73) residential dwelling units in the D3 District. (B)Height: A Site Development Allowance is hereby granted for a building height of one hundred thirty-three and three tenths (133.3) feet, whereas subsection 6-11- 221 of 620 19-0-15 4-8 of the Zoning Ordinance allows for a maximum building height of eighty-five (85) feet in the D3 District. (C)Number of Parking Spaces; A Site Development Allowance is hereby granted for a total of twelve (12) on-site parking spaces, whereas subsection 6-1 6-3-5 of the Zoning Ordinance requires a minimum of one hundred forty two (142) parking spaces for the proposed Planned Development in the D3 District.- (0)Floor Area Ratio ("FAR"): A Site Development Allowance is hereby granted for an FAR of 4.8, whereas subsection 6-1 1-4-6 of the Zoning Ordinance requires a maximum FAR of 4.5 in the D3 District. (E)Ziggurat Street Side Yard Setback from the North Property Line Along Davis Street: A Site Development Allowance is hereby granted for a ziggurat setback of twenty-four (24) feet at a height of thirty seven and three tenths (373) feet, whereas subsection 6-11-1-4 of the Zoning Ordinance requires a ziggurat setback of forty (40) feet for a structure above forty two (42) feet along Davis Street. (F)Ziggurat Front Yard Setback from the East Property Line Along El mwood Avenue; A Site Development Allowance is hereby granted for a ziggurat setback of four (4) feet at a height of thirty seven and three tenths (37.3) feet, whereas subsection 6-11-1-10(C)(1)(c) of the Zoning Ordinance requires a ziggurat setback of thirty (30) feet for a structure above forty two (42) feet from any front lot line or side lot line abutting a street in the D3 District. (G)Ziggurat Side Yard Setback from the Northwest Side Property Lines: A Site Development Allowance is hereby granted for a ziggurat setback of nine and nine tenths (9.9) feet at a height of thirty seven and three tenths (37.3) feet, whereas subsection 6-11-1-4 of the Zoning Ordinance requires a ziggurat setback of twenty-five (25) feet for a structure above forty two (42) feet from an interior side lot line in the D3 District. SECTION 4:Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council imposes the following conditions on the Special Use Permit granted hereby, which may be amended by future ordinance(s), and violation of any of which shall constitute grounds for penalties or revocation of said Special Use Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: (A)Compliance with Applicable Requirements:The Applicant shall develop and operate the Planned Development authorized by the terms of this ordinance in substantial compliance with the following: the terms of this ordinaoce; the Site 222 of 620 19-0-15 and Landscape Plans in Exhibit B arid C, attached hereto and incorporated herein by reference;all applicable City Code requirements; the Applicant's testimony and representations to the Site Plan and Appearance Review Committee, the Plan Commission, the P&D Committee, and the City Council; and the approved documents on file in this case. (B)Construction Management Plan;The Applicant shall sign and agree to a Construction Management Plan (CMP) with the City of Evanston prior to issuance of the Building Permit. The CMP shall include but is not limited to the following: construction staging plan, on-street and on-site construction parking restrictions,hours of operation,a plan including cross sections showing pedestrian access around the site with the use of curb ramps, signage and/or striping, foundation survey of surrounding structures including weekly reporting of seismographs for the duration of construction, submittal of environmental testing report prior to construction, visibility diagram for all construction site access points, proposed schedule for street opening for utility connections with cross section details, and project updates via monthly newsletter and project website. (C)On-Site Parking Spaces: The on-site parking spaces must be available to the public for short term use with a maximum two (2) hour time limit.The public parking must be available between the hours of 10:00 a.m. and 5:00 p.m. on any given Monday through Friday. The on-site management company must manage the parking lot and arrange for any violators not in compliance with the parking restrictions to be towed. (D)Maple Avenue Signage: A "Public Parking" SiOn must be installed near the parking entrance at Maple Avenue. (E)OnSite Electric Charging Station: One on-site electric charging station must be installed and available to the public and be free of charge. (F)Mechanical Equipment Located on the Roof: The Applicant agrees to install 'sound-abating fences or enclosures around the mechanical equipment area on the roof of the Planned Development. (G)Landscaping on Elmwood Avenue:Applicant must install and maintain the landscaping materials on the east side of Elmwood Avenue along the railroad embankment directly across from the Subject Property, as depicted in Exhibit C. (H)Maintenance Plan: Applicant must provide a three (3) year maintenance plan for the landscaping materials installed on the green roofs prior to issuance of a building permit by the City of Evanston. (I)On-Site Car Share Spaces: Two on-site car share spaces must be available through an arrangement with a common third party commercial car-share company. Applicant must also fully subsidize one car share membership per unit for all residential units. 223 of 620 19-0-15 (J)Bicycle Parking Facilities:The Applicant must install a minimum of sixteen (16) reverse "U"-shaped bicycle parking facilities near the intersection of Maple Avenue and Elmwood Avenue for public use. (K)Sidewalk Streetscape Work: All sidewalk streetscape work must be constructed of concrete with a brick paver band at the curb in accordance with the downtown streetscape standards. (L)Glass Exteriors:The Applicant must either demonstrate that the external materials will be of a bird-safe nature or install bird-safe finishes to the glass exteriors. (M)Loading Space:One parking space within the on-site parking lot must be designated a short-term loading space for the Residents. (N)Landscape Design: The Applicant shall instaU and maintain all landscaping materials as depicted in Exhibit C. (0)Streetscape Improvements:The Applicant shall construct the streetscape improvements inclusive of new street trees along Elmwood Avenue and Maple Avenue per proposed development plans and landscape plans in Exhibit B and Exhibit C. (P)Affordable Housing Contribution: The Applicant shall pay a one-time contribution of four hundred thousand dollars ($400,000) to the City's Affordable Housing Fund. The contribution will be made in two (2) installments. The first installment shall be made within ten (10) business days of the issuance of the Final Certificate of Occupancy (FCO) and the second installment shall be made within one (1) year of the FCO issuance date. (Q)Affordable Housing in the Development: The Applicant shall provide two (2) one (1) bedroom on-site affordable housing units (with a goal of one (1) one- bedroom unit and one (1) two-bedroom unit) to households earning at or below one hundred percent (100%) of Area Median Income (AMI). The units provided shall be equal in size to the market-rate units within the building. The period of affordability for the units shall be for ten (10) years. The Applicant must submit a compliance report by January 31st of each year to the Housing and Grants Division of the Community Development Department showing the following: (1) unit number; (2) number of bedrooms; (3) tenant name; (4)number of persons in each affordable household unit;(5) annual gross income of each household occupying each affordable housing unit; (6) date of income certification; and (7) monthly unit rent. The compliance report must also include the list of any utilities included in rent. (R)Divvy Sponsorship: The Applicant shall pay a one-time Divvy sponsorship contribution in the amount of fifty six thousand dollars ($56000). '-.7.... 224 of 620 19-0-15 (S)City of Evanston Employment:The Applicant agrees to employ at least five (5) Evanston residents,with a goal of ten (10)Evanston residents,during construction. (1)Commercial Space: The Applicant agrees to incorporate the commercial space along Davis Street to enhance the commercial and pedestrian character of the area per development plans in Exhibit B. (U)LEED Silver Certification: The Applicant agrees to comply with the City of Evanston Green Building Ordinance and obtain a LEED Silver Certification Rating or higher for the Planned Development on the Subject Property. (V)Pervious Parking Lot: The Applicant agrees to install a pervious parking lot on the Subject Property. (W)Green Roof Construction: The Applicant shall construct multiple green roofs as depicted in the development plans in Exhibit B and landscape plans in Exhibit C. (X)Landscaped Seating Areas: The Applicant agrees to install two landscaped seating areas along Maple Avenue per landscape plans in Exhibit C (Y)Easement: The Applicant agrees to prepare and record an easement for a six- foot wide area along the north edge of the on-site parking lot for the use of commercial properties at the southeast corner of Maple Avenue and Davis Street to accommodate trash pick-up on Maple Avenue rather than Davis Street. A copy of the recorded easement document must be submitted prior to issuance of a building permit by the City of Evanston. (Z)Parking Lease: The Applicant must agree and sign a long-term parking lease agreement with the City of Evanston to lease one hundred one (101) parking spaces based on the standard current monthly parking fee from the Maple Avenue Parking garage located at 1800 Maple Avenue. The lease agreement will mandate that the Applicant pay any increases in the rental rate structure through the term of the lease agreement. The long-term lease agreement shall initially be set for a minimum period of seven (7) years.For the lifetime of the project, the Applicant must require all Residents to disclose their vehicle ownership and conduct periodic reviews to ensure that all vehicles owned by Residents of the building are accounted for within the Maple Avenue garage. The Applicant must provide the certified vehicle ownership report to the City of Evanston annually by January 31st of each calendar year during the first seven (7) year period from the issuance of the Final Certificate of Occupancy. The City of Evanston's Department of Administrative Services will monitor the Applicant's certified vehicle ownership reports and the costs incurred by the City of Evanston for such oversight shall be paid for by Applicant's parking lease fees, If at any time during this initial seven (7) year period such annual vehicle ownership report indicates that the Residents of the building own more than one hundred one 225 of 620 19-0-15 (101) cars and require more than one hundred one (101)parking spaces, the Applicant agrees to amend the parking lease agreement with the City and lease the additional parking spaces necessary. The Applicant also agrees to deny apartment leases to potential Residents who own vehicles until such time as the number of vehicles owned by the Residents of the building and required to park in the Maple Avenue garage by terms of this Ordinance falls below one hundred one (101) or until the surplus parking spaces can be accommodated in the revised lease agreement with the City of Evanston. Following the seven (7) year anniversary of the initial parking lease agreement date, the parking lease agreement may be amended.. The number of parking spaces leased from the City may be reduced to match the highest number of vehicles owned by the Residents and required to park in the Maple Avenue garage by the terms of this Ordinance in any year during the initial seven (7) year period per the annual parking reports, The number of parking spaces leased by the City may not be reduced in the first seven (7) years and any reduction after the seven (7) year anniversary shall be approved by the City Council as an amendment to the parking lease agreement. Following the expirationS of the seven (7) year anniversary of the parking lease agreement, the agreement can be modified every five years thereafter but not before, to match the highest number of vehicles owned by the. Residents and required to park in the Maple Avenue garage by the terms of this Ordinance during any calendar year in the preceding five (5) year term per the annual parking report. Any amendments to the number of parking spaces leased from the City of Evanston or any other amendments to the lease agreement, including term extensions, shall be approved by the City Council as an amendment to the parking lease agreement. The Applicant must hold a valid long-term parking lease agreement with the City of Evanston for the lifetime of the project unless this condition is amended by the City Council of the City of Evanston as an amendment to the Planned Development. (AA)South Elevation of Development:Applicant will exercise reasonable commercial efforts to work with City staff and the Winthrop Club Condominium Association to modify the south elevation to maximize privacy for the residents in condominium units which will face the development and to minimize the impact on their building located at 1570 Elmwood Avenue. (BB)Construction Schedule: Pursuant to Subsection 6-11-1-10(A)4 of the Zoning Ordinance, the Applicant shall obtain a building permit within twelve (12) months of the passing of this Ordinance. Additionally, the Applicant must complete the construction of this Planned. Development within twenty-four (24) months from the date the Applicant receives its building permit. 226 of 620 19-0-15 (CC)Recordation: Pursuant to Subsection 6-3-6-10 of the Zoning Ordinance, the Applicant shall, at its cost, record a certified copy of this ordinance, including all exhibits attached hereto, with the Cook County Recorder of Deeds, arid provide proof of such recordation to the City, before the City may issue any permits pursuant to the Planned Development authorized by the terms of this ordinance. SECTION :When necessary to effectuate the terms, conditions, and purposes of this ordinance,'Applicant" shall be read as "Applicant's tenants, agents, assigns, and successors in interest." SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 7:Except as otherwise provided for in this ordinance,all applicable regulations of the Zoning Ordinance and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. To the extent that the terms and provisions of any of said documents conflict with the terms herein, this ordinance shall govern and control. SECTION 8: All ordinances or parts of ordinances that are in conflict with the terms of this ordinance are hereby repealed. SECTION 9:If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid,, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision,and each invalid provision or invalid application of this ordinance is severable SECTION 10: The findings and recitals herein are hereby declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. -1 0- 227 of 620 Introduced:Vi1 d?)2015 Adopted:1'\ \2015 19-0-15 Approved: 2015 :t;Tis dahi, Mayor as to form: Rodney/reene(City Clerk W. Gr'ntFarrar, Corporabori Counsel 228 of 620 19-0-15 EXHT A Legal Description PARCEL 1:THE SOUTH 50 FEET OF THE NORTH 200 FEET OF THE WEST 120 FEET OF BLOCK 63 IN EVANSTON (EXCEPT SO MUCH OF SAID PREMISES, IF ANY, WHICH LIES NORTH OF THE SOUTH 300 FEET OF SAID BLOCK 63) TOGETHER WITh THE SOUTH 10 FEET OF THE NORTH 200 FEET OF SAID BLOCK 63 (EXCEPT THEREFROM THE WEST 120 FEET THEREOF AND EXCEPT THAT PART THEREOF DEDICATED FOR STREET PURPOSES); ALSO THAT PART OF SAID BLOCK 63, IF ANY, LYING BETWEEN THE NORTH 200 FEET AND THE SOUTH 250 FEET 1 V2 INCHES OF SAID BLOCK 63 MEASURED ALONG THE WEST LINE OF SAID BLOCK AND LYING WEST OF THE WESTERLY LINE OF ELMWOOD AVENUE ALL IN EVANSTON, A SUBDIVISION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND PART OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2:THE NORTH 150 FEET OF THAT PART OF BLOCK 63 IN EVANSTON WHICH LIES WEST OF THE RIGHT OF WAY OF THE CHICAGO AND MILWAUKEE RAILROAD (KNOWN AS THE CHICAGO AND NORTHWESTERN RAILROAD) (EXCEPT THEREFROM THE WEST 83 1/2 FEET AND EXCEPT THAT PART THEREOF DEDICATED FOR STREET PURPOSES)SAID BLOCK 63 BEING SiTUATED IN THE SOUTHWEST QUARTER OF SECTION 18,TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS PARCEL 3:THE SOUTH 40 FEET OF THE NORTH 190 FEET OF THAT PART OF BLOCK 63 IN EVANSTON WHICH LIES WEST OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILROAD COMPANY (EXCEPT THEREFROM THE WEST 120 FEET THEREOF AND EXCEPT THAT PART THEREOF DEDICATED FOR STREET PURPOSES) SAiD BLOCK 63 BEING SITUATED IN THE SOUTHWEST QUARTER OF SECTION 18,TOWNSHIP 41 NORTH1 RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 4:THE WEST 83 1/2 FEET OF THE SOUTH 20 FEET OF THE NORTH 150 FEET OF BLOCK 63 IN THE VILLAGE OF EVANSTON, BEING A SUBDIVISION OF PARTS OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERiDIAN, AND IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 5:THE EAST 20 FEET 10 INCHES OF THE WEST 83 FEET 5 1/2 INCHES OF THE NORTH 130 FEET OF BLOCK 63 IN THE VILLAGE OF EVANSTON IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,ILLINOIS. -1 2- 229 of 620 PINs: 11-18-310-004-0000 11-1 8-31 0006-000O 1 1-1 8-31 0-007-0000 11-18-310-008-0000 11-18-31 0-01 9-0000 11-18-310-020-0000 19-0-15 COMMONLY KNOwN As: 1571 Maple Avenue, Evanston, IL 60201 -1 3- 230 of 620 19-0-15 EXHWT Development Plans -I 4- 231 of 620 AL TA IA CSM LA ND TI TLE S UR VE Y tno1 OOeraIpUrOr Portal t:Tho Scat, 80 feat of the IloIth 263 toot of the 6*01120 toot of Soot 63 In loontlor (cnopt eO)O of .43 prcrrb.r., S ol$ctr Sos No,th 01 thu SuHc 300 loot at sold flock 83) Io9cOror alt, 0,0 South 00 tOot of the North 263 toll of sold BlocS 63 (cocopt thccefta the Host 620 cot Oior,t oral .00api that part *0oot dcdlootcd lot arrant pa oco) aba that part of cold Black 03. 0 cop, 6,ing botaeou tho Wrath 200 I cot and the South 259 tool I 01 toeSos of cold Block 63 mecourod olor the Wcoj Nra of and leant sod 11)ng Woof al faa Wo,tor in, a) 0]m000d Im000 an ar Eborato;o coholototop of the toot 041 of the Southoost qoodot at Sedion 13, Tonoohlp 41 600th,Nonço 12 Lcd of Soc thIrd Polnolpot ktortdtoo, oud poct of SacticH 18, Tatno0 41 0on6 Rarro 14, Loot of So. Third Prhadpat Itarofuk I, Cook Cauody, Boo).. 81201 ItOTESa Aeon 22,102 oq. ft. 000riarpa or, 0000rnrd, bocd on foe foci in, of tfoplo LnchOc batot due factO-South. Itood Zont Dcstpaotioro Pot flood tronrocco Rota lisp lla.I?031C0070 A, Iffuothe dofo ulo0ot 15. 2008. The Sorvc7eal Propooty to tooted to Zone X'. on ocos deforurhcof to be ocutrhtr of the 02% ounurd 00,0020 Ecodptohcu Roloroncen for macthOu of too one been fotiod arc Cr32050 Ito tncrrnce Coowoo90 Conroritmoot too Tide Manrono,, Ordor Ho. 1410 6001700085 10, EffectIve Date Doonanbor 20. 3013. 0 or di en000dod d000monts olteoting tOe dornrihcd paroelo. 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Chtoo90 nod t)iteouh.ee Rotcoad (knont an the Cb'coçro oat tHstthnootorro Ratroo (anoopl ttacroteotn Ho Want 8311 toot nod onoopt that pent tOrrent dedIcated tar street pwpnoon} oo'd Blob 50 bokrg .'duol,4 to lb. Srottreeat q00otco of Sentiaar 08, Toosfitotic 41 Dardit Booç. 14. loot of tao 'tifarl Principal tOnnIrton, to onk County. flora. Parett3Tha South 40 toot of the Olocth 100 toot at bat pad of Block 05 to Enonotan ohiob tan Wont et Ore rih1 of nop of Son ChIcago tort Nortlroe,toro Rofonod Campory (eaoapl Borv.f roan the West 128 feat theroot 006 ,00ayt that part lOaned drdicalad for shoot polpaso') sold 0006 83 bong aihuotrd In tOo Soulk.cot quoctoc af Sonfico 16. Enoortdp 41 Oodfo Darpa 11, that of Soc Thrd Pttrcjaai 60,16101, In took County, 1*032 PsrCqt4The Hoot g3,lf toot ot Oct Sotfr 233 teat at Hon North 150 foot nt Block 83 10 the Wlngr of Looraton, boOfig 0 .utdieldcu of paris of Oration 03, Toaoohtp 41 Ifcfttr, Range 13, Lost ci Hot hArd Prtrdpol tOertdlan,oat On Soctior 18, Taarcordp 41 North, Bongo 14, hoot of the ShOd Principal I0rrtdio, to tool, Calmly,30210. PccontO0'thr East 20 toot 10 toa*0 of the Wont 83 tent 530 talon On tho Roit)c 130 teat of Stock 82 In the V0ac at (narrator tIc Sadler, 10 Ton000ip dl Nadir, RatrQn 14, Loot of tOo 1304 Prttdpat tlnrldion, in Soob Cocci6',Boo).. Coonmoety Doorto 1571 Maple Avenue; Evanston Illinois. a .exe 00)00000 IcrOr OrO-r 00 oCt10 0004 00 ott,. DAVIS ST. fstyas'roLn)of g 't,cuom0400a'ersr 001 0 E 030' mono I00OtC08. I0002 rooT nie' morrr 030'troT 'ir bJ iJT II'CLUED 2 If-OH w C) . 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COUttTYOEC000) Jo Centrorn Pod0000, LIt; ODOcoto lIec taootonoo Caatporpa Thin I, to oaclity that 1kb rasp or pfol and tOo curry on eO'ok it in baled porn retdn in 02ocrdonon alta Iha 2011 ISa-forum Sfoardord Detol Rngcdaoocarno Itt ALTI04CSOI Lord Silo Surveys, joirdtr ontobOehod and odoptod Op ALTO and ROPE, and kcetuf on 1t,rrrs 1, 2, 3.4, 7(o), 0, tt(o), and It of bOle 6, thocanl. Ito Ibid oo1r non onenplotad on fobtunrp TD, 2014. Dot of ci Enor.toc. ft., 103._dry ol _____________, 0,5,, 30,,.,. PRELIMINARY 2/12/14 O,o*0 P. Orro08nb *0 turd eoomnn U..o *0'b on-aooan, 00004IO OOt. 01/00/to \ 232 of 620 233 of 620 234 of 620 I 235 of 620 236 of 620 237 of 620 238 of 620 239 of 620 240 of 620 241 of 620 242 of 620 243 of 620 01 244 of 620 --J2 'I, '-U 245 of 620 _____---.\'-p \\: #,;: Ui i(i )] LL _ L - - ---. - . 12 IIL1 IIJ 4I' (#1 1igttrn V oo --- - :1- I -,1J12 = 11 4,' I-_J !! I Lj lI - ,,j II -II ______ !'!!" 4 4 ciL-. tj::_:r: - - Yj 246 of 620 ----p *! 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UI_, IjI oa o -.UI (0 d °'a'a'aVen'a'aVV en 0>04(0 a 'a 10 UI en 000000000ena en en S O .1 0Ln1 oo>o>oto>enCa 0Ca00000000'a'a 003100>0303030101003030 oc0000000000 U> CI C> Cl 0>Cl Cl en Ct I en 0 b 1 (.IOCI03NO3UI'am1Non La U.0 ZZZZZZZZZZZ U Ca40en03P.l0(flVt'lt'3 - 03 257 of 620 19-0-15EXHJBT CLandscape Plans -'1 5-258 of 620 259 of 620 260 of 620 U3L1S SAV0 >O')<Z >- c< &cZF-I--u ?c- \z 261 of 620 1,.I H 0 I \\\\a.\\ '\\\ \-i.\\ \\\ \\. \.\ \ \\.\ \\\.'.'..\\ \\\'V. \.\,\ V.'':' ''\' \..'..'k\ \ :. \ (}- :tZw2uJ jb x Thw<. L < .r'-Z 0Z O 262 of 620 \ \\\'LU \ \\.\\\ :\\UI I 263 of 620 \.\__\------.-.--------.----ICw}-<0Zi33US!/WO .'..n-.ZO-<zzZ<- 1 ._J \.SIwz<wz ('I Zz b4:1134:t)\'.1/)0± \\ \:\k "S '4 C''\ 3_ 'SSiSSi ç '\\S Ii '- '"\ - \ "'S \\\\ 5' \\\\ Si - --'\' r F'%''-. --- \\ U !..L.J ... C1 [1 r...:.....264 of 620 1; SAVG JJ:. LJ L IL 1LI:'zr0 f W r< < '.... \\ \-''kk. .( :-;' o oz-XI- w n\'.UiI 265 of 620 -J z H z zz o r3q;".I I i..III I 11VLGQ I $QH.LO IC ) 0 -Jz0 e w LU 0 v) LU -, I " "kbklhbbbf..! -J n: I ;J UUH!fflh -JJS' C 6F- F0 Z- i J I '- -L_+ '\ + CrJi0.J,wY1J0 CHOWJ ThO0JJ.CU1J31S 11FJiO0 .? JO H14)0 z-o I- 9 < LJ -J E Zg p F 0 :1 d I LU LU H I wC)UiI-IULU0 266 of 620 1571 Maple Avenue Green roof narrafive The green roof areas for 1571 Maple Avenue will be a mix of intensive and extensive green roof systems. Intensive green roofs have increased growing media depths and allow for a wider variety of plant material s and uses while extensive green roofs are thinner in soil depth, lighter in weight and have a limited plant palette. Intensive green roof areas will be located on the 2nd, 4th and Ih floors. These areas will contain.a built up green roof system that will range in soil depths from 611 in the majority of the areas to 36" at areas where small ornamental trees will be planted, typically at parapet wall locations. The soil used will be a lightweight soil media such as Midwest Trading PM-35 or an approved equal. The 6' depth areas will contain a mix of perennials, ornamental grasses and groundcovers. The 36" depth area will have 12'-O" multi-stem ornamental frees. This plant palette allows for seasonal interest all throughout the year. The layers of the green roof system will consist of the following, starting from the top: vegetation, growing media, drainage mat with filter fabric, Styrofoam (as needed), and root barrier. These layers sit atop the waterproof membrane and structural slab. The green roof area on the 11 lh floor will also have outdoor use spaces such as an outdoor kithen with counterfops, barbeque grill stations and outdoor sinks. Seating areas in various sizes will also accommodate users for dining, small group seating and lounging around a fire feature. Freestanding planters with annual plantings will also be located in this area. Extensive green roof areas will be located on the 1 2th floor. These areas will contain a built up green roof system thatwill have a soil depth of 4". The soil used will be a lightweight soil media such as Midwest Trading's PM-35 or an approved equal. The 4" depth areas will containa sedum carpet mat planted witha mix of sedums varying in height and colors. This plant palette allows for seasonal interest all throughout the year. The layers of the green roof system will consist of the following, starting from the top: vegetation., growing media, drainage mat with filter fabric, Styrofoam (as needed), and roof barrier. These layers sit atop the waterproof membrane and structural slab. 267 of 620 For City Council meeting of July 2 5, 2016 Item A8 Ordinance 62-O-16, Lease Agreement for City Newsstand For Introduction To: Honorable Mayor and Members of the City Council From: Wally Bobkiewicz, City Manager Paul Zalmezak, Acting Economic Development Division Manager Subject: Ordinance 62-O-16, Authorizing the City Manager to Execute a Lease Agreement for Property Located at 860 Chicago Avenue for City Newsstand Date: June 15, 2016 Recommended Action: Staff recommends City Council adopt Ordinance 62-O-16, authorizing the City Manager to execute a lease agreement for property located at 860 Chicago Avenue for City Newsstand. Funding Source: Not applicable. Summary: The City of Evanston has leased the 1,694 square foot 860 Chicago Avenue property to City Newsstand since 2000 with the most recent five year lease ending on December 31, 2015. City Newsstand seeks to renew its lease. The draft lease is attached to this memorandum. Staff recommends offering rents below market rate to retain City Newsstand in Evanston given the unique nature of its business and the current print industry business climate. Lease negotiations were delayed because of staff changes. Key provisions of the lease include: •Five year term, with one five-year option; •Lease commences on January 1, 2016 and expires on December 31, 2021; •City Newsstand remains responsible for all utilities, maintenance, repairs and renovation costs; and •The annual rental of $7,645.04 ($4.51 per square foot) is below the market rents along the corridor. •New lease reflects an 8% rental increase, and incorporates an annual rent increase corresponding to Consumer Price Index. Memorandum 268 of 620 Background: City Newsstand has been a tenant at the 860 Chicago Avenue since the year 2000. As one of the few remaining independent purveyors of local and international newspapers, magazine and books, the City Newsstand is a regional destination. Legislative History: N/A Attachments: -Ordinance 62-O-16 -Lease Agreement 269 of 620 5/19/2016 62-O-16 AN ORDINANCE Authorizing the City Manager to Execute a Lease of City-Owned Real Property Located at 860 Chicago Avenue WHEREAS, the City of Evanston owns certain real property located at 860 Chicago Avenue, Evanston, Illinois 60202, which is improved with a single story building and operated by a business selling magazines and newspapers commonly known as the “City Newsstand” (the “Property”); and WHEREAS, City Newsstand, Inc., an Illinois corporation, has operated its commercial business on the Property since 2000 and seeks to renew its lease; and WHEREAS, the City Council has determined that the Property is not necessary to City operations and leasing the Property to City Newsstand for the operation of a newspaper and magazine sales business is in the City’s best interests, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: Pursuant to Subsection 1-17-4-1 of the Evanston City Code of 2012, as amended (the “City Code”), the City Manager is hereby authorized and directed to execute, on behalf of the City of Evanston, the Lease Agreement by and between the City of Evanston, as landlord, and City Newsstand, Inc., as tenant. The Lease Agreement shall be in substantial conformity with the Lease Agreement attached hereto as Exhibit “1” and incorporated herein by reference. 270 of 620 62-O-16 ~2~ 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: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Ayes: ______________ Nays: ______________ Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 271 of 620 62-O-16 ~3~ EXHIBIT 1 LEASE AGREEMENT 272 of 620 49817532v4 LEASE between CITY NEWSSTAND, INC. an Illinois corporation as Tenant and CITY OF EVANSTON An Illinois municipal corporation, as Landlord 860 CHICAGO AVENUE EVANSTON, ILLINOIS 60202 273 of 620 1 City of Evanston Lease – 860 Chicago Avenue TABLE OF CONTENTS 1. PROPERTY .................................................................................................................................. 1 2. TERM ............................................................................................................................................. 1 3. RENT ............................................................................................................................................. 1 4. FIXTURES .................................................................................................................................... 2 5. USE OF PROPERTY .................................................................................................................. 2 6. MAINTENANCE ........................................................................................................................ 2 7. PAYMENT OF TAXES ............................................................................................................. 3 8. DAMAGE AND DESTRUCTION ......................................................................................... 4 9. INSURANCE ................................................................................................................................ 5 10. INDEMNIFICATION ............................................................................................................... 6 11. EMINENT DOMAIN ................................................................................................................ 6 12. UTILITIES .................................................................................................................................... 7 13. COVENANTS AGAINST LIENS ........................................................................................... 8 14. ASSIGNMENT AND SUBLETTING .................................................................................... 8 15. NOTICES ...................................................................................................................................... 8 16. RIGHT TO GO UPON PROPERTY ..................................................................................... 9 17. DEFAULT ................................................................................................................................... 10 18. REPRESENTATIONS AND WARRANTIES .................................................................... 12 19. HOLDING OVER; END OF TERM ................................................................................... 12 20. REMEDIES ARE CUMULATIVE ........................................................................................ 13 21. QUIET POSSESSION .............................................................................................................. 13 22. ALTERATION ........................................................................................................................... 13 23. HAZARDOUS SUBSTANCES ............................................................................................... 13 24. GENERAL CONDITIONS .................................................................................................... 15 274 of 620 2 City of Evanston Lease – 860 Chicago Avenue L E A S E THIS LEASE AGREEMENT is made by and between CITY OF EVANSTON (“Landlord”), an Illinois municipal corporation and CITY NEWSSTAND, INC., an Illinois corporation (“Tenant”). W I T N E S S E T H: 1. PROPERTY Landlord is the fee simple owner of certain real property at 860 Chicago Avenue, Evanston, Illinois 60202, legally described in Exhibit “A” attached hereto and incorporated herein (the “Property”). The Property is .053 acres total improved with a one-story commercial building. Landlord does hereby demise and lease the Property to Tenant, for Tenant’s exclusive use and control, together with all appurtenances thereto, pursuant to the terms and conditions of this Lease. 2. TERM (a) Primary Term. Subject to the provisions of this Lease, the “Primary Term” shall be a 5-year term and commence on the 1st day of January, 2016 (“Commencement Date”) and shall end at 11:59 p.m. on the 31st day of December, 2021, except as otherwise terminated as provided herein. The lease is back dated to January 1, 2016 and the Landlord has already received the 2016 annual rent. (b) Extended Terms. Provided Tenant is not otherwise in default beyond any applicable cure period, Tenant shall have one option (individually, an “Extension Option”), to renew the Lease for an additional five years (each an “Extension Term”) upon the same terms, covenants and conditions as herein provided. The Extension Option shall be exercised by Tenant delivering to Landlord written notice of such election, not less than one hundred twenty (120) days prior to the expiration of the Primary Term. The Primary Term together with any Extension Term is referred to herein collectively as the “Term”. 3. RENT (a) Primary Term. The Rent for lease of the Property for the first year of the lease is Seven Thousand Six Hundred Forty-Five and 04/100 Dollars ($7,645.04). The Tenant previously remitted the lump sum payment for the 2016 annual rent. The Rent for the remaining four years of the Lease (2017 – 2021) will be payable in lump sum payments; the yearly payment due on or before January 1st. The Rent will increase annually by the Consumer Price Index (CPI) and the City will invoice the Tenant on or before November 15th with the rate based on CPI. (b) Extensions. The Rent set forth in Section 3(a) will also be adjusted each year based on CPI. (c) Late Fee and Interest. In the event any sums required hereunder to be paid are not received by Landlord on or before the date the same are due, then, Tenant shall on demand pay, as additional rent, a service charge of Two Hundred Dollars ($200). In addition, interest shall accrue on all past due sums at an annual rate equal to the lesser of six percent (6.0%) per month and the maximum legal rate. Such interest shall also be deemed Additional Rent. 275 of 620 3 City of Evanston Lease – 860 Chicago Avenue (d) Time and Place of Payment. Tenant shall pay to Landlord the Rent in advance, in equal monthly installments, and without prior notice, setoff (unless otherwise expressly permitted herein) or demand, except as otherwise specifically provided herein, on or before the first (1st) day of each calendar month during the Term hereof to: City of Evanston, Attn: Collector’s Office, 2100 Ridge Avenue, Evanston, IL 60201. 4. FIXTURES All trade fixtures and equipment installed by Tenant in or on the Property (including furniture, satellite communication dish and equipment, registers, other equipment, shelving and signs) shall remain the property of Tenant and Tenant may remove the same or any part thereof at any time prior to or at the expiration or earlier termination of this Lease. Tenant shall repair at its own expense any damage to the Property caused by the removal of said fixtures or equipment by Tenant. This provision shall expressly survive the termination or expiration of this Lease. 5. USE OF PROPERTY (a) Permitted Use. Tenant shall have the right, subject to applicable Federal, State and local laws and the terms of this Lease, to use the Property for the following purpose(s): to run a newspaper and magazine sales and other related functions to run the business (herein collectively “Permitted Use”). (b) Tenant Exclusive Use of Property. Landlord covenants and agrees that it has no rights to use, modify, alter or lease any portion of the Property other than as expressly provided in this Lease. (c) No Continuous Operation. In the event Tenant has ceased operating its business for a continuous period of thirty (30) days, following written notice by Landlord providing a thirty day cure period, Landlord has the right to recapture the Property and, upon such recapture, this Lease shall terminate and neither party shall be further obligated hereunder, except to the extent any such obligation hereunder is expressly specified herein to survive the termination of this Lease. 6. MAINTENANCE (a) Tenant accepts the Property in as-is condition, and acknowledges that the Landlord has made no representations to the condition or has made any repairs to same except as provided in this Lease. The Landlord or Landlord’s staff or other representatives have made no representations or assurances that it will alter or remodel the Property and all renovations will be at Tenant’s sole cost and expense. Tenant is responsible for all maintenance and repair of the Property. (b) Maintenance Responsibilities of Tenant: (i) HVAC system for the Property, interior sprinkler and fire safety system within the Property, and other interior fixtures. (ii) All regular refuse must be disposed of in appropriate containers to be provided by the Landlord. Tenant cannot dispose of construction building materials in the standard refuse 276 of 620 4 City of Evanston Lease – 860 Chicago Avenue containers and must arrange for special pick-ups and containers for said materials. A refuse container for regular refuse will be located at the Property in reasonable proximity to the Property. Tenant will contract to have trash hauled from such container with reasonable frequency. Tenant is responsible for snow, ice removal and leaf removal and general upkeep of the exterior directly in front and in back of the Property. (iii) The Tenant will at all times maintain all of the Property in a clean, neat and orderly condition. The Tenant will not use the Property in a manner that will violate or make void or inoperative any policy of insurance held by the Landlord. The Tenant shall pay the Landlord for overtime wages for staff and for any other related expenses incurred in the event that repairs, alterations or other work in the Property required or permitted hereunder are not made during ordinary business hours at the Tenant’s request. (iv) Tenant will keep the interior non-structural portions of the Property, including all interior, non-structural walls, surfaces and appurtenances (other than systems and any other items that Landlord is required to maintain pursuant to Section 7(c), in good repair. Tenant shall be responsible for repairs, damages and losses for damages sustained outside the Property attributable to Tenant’s negligence or intentional misconduct. Tenant agrees to use good faith efforts to report such damage in writing to the Director of Public Works or his designee, by the next City of Evanston business day, after discovery of such damage by Tenant. (v) Tenant shall yield the Property back to Landlord, upon the termination of this Lease, whether such termination shall occur by expiration of the Term, or in any other manner whatsoever, in the same condition of cleanliness and repair as at the date of the execution hereof, loss by casualty and reasonable wear and tear accepted. Except to the extent any of the following is Landlord’s obligation pursuant to Section 7(c), Tenant shall make all necessary repairs and renewals upon Property and replace broken fixtures with material of the same size and quality as that broken. If, however, the Property shall not thus be kept in good repair and in a clean condition by Tenant, as aforesaid, Landlord may enter the same, or by Landlord’s agents, servants or employees, without such entering causing or constituting a termination of this Lease or an interference with the possession of the Property by Tenant, and Landlord may replace the same in the same condition of repair and cleanliness as existed at the date of execution hereof, and Tenant agrees to pay Landlord, in addition to the rent hereby reserved, the expenses of Landlord in thus replacing the Property in that condition. Tenant shall not cause or permit any waste, misuse or neglect of the water, or of the water, gas or electric fixtures. (vi) Tenant will keep is leasehold improvements in compliance with all laws and regulations during the entire Term of this Lease, except for repairs required of the Landlord to be made and damage occasioned by fire, hurricane or other causes as provided for in this Lease. 7. PAYMENT OF TAXES (a) Definition. For purposes hereof, “Taxes” shall mean real property taxes and “Assessments” shall mean assessments, general and special, foreseen and unforeseen, for public improvements levied or assessed against the Property and the improvements thereon for that portion of the Term from and after the Property PIN Creation Date (as defined herein). 277 of 620 5 City of Evanston Lease – 860 Chicago Avenue (b) Payment. Landlord represents and warrants to Tenant that the Property has two PINs, one for the leasehold and one for the underlying property. The first PIN, 11-19-424-008-8001, is for the underlying property and tax exempt. The second PIN, 11-19-424-008-8002, is the Leasehold PIN and Tenant is responsible for payment of all Taxes and Assessments before any fine, penalty, interest or cost may be added thereto, become due or be imposed by operation of law for the nonpayment of late payment thereof for the Leasehold PIN. (c) Prorations. At the end of the Term, Taxes and Assessments to be paid by Tenant shall be prorated based on the portion of the fiscal tax year in which this Lease is in effect. 8. DAMAGE AND DESTRUCTION (a) Casualty. If the Property shall be damaged by fire or other casualty (“Casualty”), Landlord shall, within one hundred eighty (180) days after such damage occurs (subject to being able to obtain all necessary permits and approvals, including, without limitation, permits and approvals required from any agency or body administering environmental laws, rules or regulations, and taking into account the time necessary to effectuate a satisfactory settlement with any insurance company) repair such damage at Landlord’s expense and this Lease shall not terminate. If the foregoing damage is due to the negligence or willful misconduct of Tenant, then Landlord shall look first to the insurance carried by Tenant to pay for such damage. Notwithstanding (i) any other provisions of the Lease to the contrary, and (ii) any legal interpretation that all improvements become part of the realty upon being attached to the Property, following a Casualty, the Landlord shall be responsible only for restoring the Property to building standard levels of improvement, and the tenant shall be responsible for insuring and replacing the above building standard levels of improvement, and the tenant shall be responsible for insuring and replacing the above building standard tenant improvements or betterments that made the Property “customized” for Tenant’s use. Customized improvements include, but not limited to: bullet proof glass, alarm censored doors, wood flooring, and custom cabinetry. Except as otherwise provided herein, if the entire Property are rendered untenantable by reason of any such damage, all Rent and Additional Rent shall abate for the period from the date of the damage to the date the damage is repaired, and if only a part of the Property are so rendered untenantable, the Rent and Additional Rent shall abate for the same period in the proportion that the area of the untenantable part bears to the total area of the Property; provided, however, that if, prior to the date when all of the damage has been repaired, any part of the Property so damaged are rendered tenantable and shall be used or occupied by or through Tenant, then the amount by which the Rent and Additional Rent abates shall be apportioned for the period from the date of such use or occupancy to the date when all the damage has been repaired. (b) Repair to Leasehold Improvements. Landlord shall have no obligation to repair damage to or to replace any leasehold improvements, Tenant’s personal property or any other property located in the Property, and Tenant shall within thirty (30) days after the Property is sufficiently repaired so as to permit the commencement of work by Tenant, commence to repair, reconstruct and restore or replace the Property (including fixtures, furnishings and equipment) and prosecute the same diligently to completion. (c) Termination Right. Notwithstanding any provision contained herein to the contrary, Tenant shall have the option and right to terminate this Lease if, (a) the Property shall be so damaged by Casualty that it cannot be fully repaired within one hundred eighty (180) days after the date of 278 of 620 6 City of Evanston Lease – 860 Chicago Avenue damage; (b) during the last eighteen (18) months of the Term of this Lease, the Property is damaged by a Casualty in amount exceeding thirty-three and one-third percent (33.33%) of the square footage of the Property, provided that, in such event, such termination of this Lease shall be effected by written notice within ninety (90) days of the happening of the Casualty causing such damage. This provision shall expressly survive the termination or expiration of this Lease. 9. INSURANCE (a) Tenant shall keep in full force and effect during the Term special form coverage insurance covering Tenant’s leasehold improvements, trade fixtures, merchandise and other personal property from time to time in, on or upon the Property for the full replacement value insuring against physical loss or damage generally included in the classification of “all risk” coverage. (i) Said insurance shall be written by a company or companies licensed to do business in the state in which the Property is located and rated Class A:XII or better in Bests Key Rating Guide of Property-Casualty Insurance Companies. (ii) Said insurance shall be in an amount of the full replacement value with a deductible in Tenant’s reasonable discretion, which deductible Tenant shall be paid at Tenant’s sole cost and expense. The insurance is to cover, in addition to any personal property at the Property, the above building standard leasehold improvements and betterments incorporated into the Property, whether or not initially installed and/or paid for by the Tenant. The Tenant’s aggregate coverage amount must be an amount sufficient to cover both the tenant’s personal property at the Property and the leasehold improvements. So long as the Lease is not terminated pursuant to Paragraph 9 for a casualty, the proceeds of tenant’s insurance policy with respect to the tenant improvements shall be used to restore and replace the same. (b) Tenant agrees to maintain a policy or policies of commercial general liability insurance written by an insurance carrier rated at least Class A or better in Bests Key Rating Guide of Property-Casualty Insurance Companies and licensed to do business in the state in which the Property is located which shall insure against liability for injury to and/or death of and/or damage to personal property of any person or persons, with policy limits of not less than $2,000,000.00 combined single limit for injury to or death of any number of persons or for damage to property of others not arising out of any one occurrence. Said policy or policies shall provide, among other things, blanket contractual liability insurance. Tenant’s policy shall cover the Property and the business operated by Tenant and shall name Landlord as an additional insured. Landlord is self- insured up to $1.25 Million and agrees to maintain an excess policy or policies of commercial general liability insurance over the self-insured limit written by an insurance carrier with a rating at least Class A or better in the Bests Key Rating Guide and licensed to do business in the state in which the Property is located which shall insure against liability for injury to and/or death of and/or damage to personal property of any person or persons, with policy limits of not less than $2,000,000.00 combined single limit for injury to or death of any number of persons or for damage to property of others not arising out of any one occurrence. (c) Each of the parties hereto agrees to maintain and keep in force, during the Term hereof, all Workers' Compensation and Employers' Liability Insurance required under applicable Workers' Compensation Acts. 279 of 620 7 City of Evanston Lease – 860 Chicago Avenue (d) Within thirty (30) days after written request, each of the parties agrees to deliver to the other a certificate of insurance as evidence that the policies of insurance required by this Section 10 have been issued and are in effect. (e) Waiver of Subrogation. Neither Landlord nor Tenant shall be liable to the other or to any insurance company (by way of subrogation or otherwise) insuring the other party for any loss or damage to any building, structure or other tangible property, or any resulting loss of income for property or general liability losses, even though such loss or damage might have been occasioned by the acts or omissions of such party, its agents, contractors or employees. Landlord or Tenant shall look exclusively to the proceeds of insurance carried by it or for its benefit in the event of any damage or destruction to its property located on the Property. Notwithstanding anything to the contrary contained herein, Landlord and Tenant hereby release and waive any and all rights of recovery, claim, action or cause of action, against the other, or its respective directors, shareholders, officers, agents, invitees and employees, for any loss or damage that may occur to the property or the equipment, fixtures and improvements comprising any part of the Property, by reason of fire, the elements, or any other cause which could be insured against under the terms of an “all risk” fire insurance policy, in the state where the Property is located, regardless of cause or origin, including negligence of the parties hereto, their agents, officers, invitees and employees. Subject to the provisions of the Lease, no insurer of a party hereunder shall ever hold or be entitled to any claim, demand or cause of action against Tenant by virtue of a claim of loss paid under any such insurance policies, whether such insurer’s claim be in the nature of subrogation or otherwise. The waivers provided pursuant to this paragraph shall not operate to the extent that they would void coverage under the provisions of any policy of insurance. 10. INDEMNIFICATION Except as otherwise provided in this Lease and subject to Section 10(e), and except to the extent caused by the negligence or willful misconduct of Landlord, or its agents, employees or contractors, or by the breach of this Lease by Landlord, Tenant shall protect, defend, indemnify and save Landlord and its officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from (i) any matter, condition or thing that occurs in the Property, which is not the result of Landlord’s negligence or willful misconduct, (ii) any negligence or willful misconduct of Tenant, or its agents, employees or contractors; or (iii) Landlord’s breach occasioned wholly or in part by any act, omission of Tenant, its agents, employees, contractors or servants. The provisions of this Section shall survive the expiration or earlier termination of this Lease only with respect to any damage, injury or death occurring before such expiration or earlier termination. 11. EMINENT DOMAIN (a) Taking. An appropriation or taking under the power of eminent domain of all, or a portion, of the Property, are sometimes hereinafter called a “taking.” (b) Total Taking of the Property. If all of the Property shall be taken this Lease shall terminate and expire as of the date of vesting of title in, or taking of actual physical possession of the Property by, the condemnor, and Landlord and Tenant shall thereupon be released from any and all further liability hereunder except to the extent any such liability hereunder expressly states that it shall survive the termination of this Lease. In such event, Tenant shall be entitled to participate in any 280 of 620 8 City of Evanston Lease – 860 Chicago Avenue condemnation award so as to be compensated for the cost of relocation, removal and decrease in value, as a result of such taking of Tenant's fixtures, equipment and stock-in-trade located in the Property, goodwill and any other items to which Tenant is entitled under applicable law, and, the value of the leasehold of which Tenant is being deprived for the remainder of the Term hereof so long as any such award made to Tenant shall not reduce any award which may be obtained by Landlord. Nothing in this Section shall be construed as a waiver by Landlord of any rights vested in it by law to recover damages from a condemnor for the taking of its right, title, or interest in the Property. (c) Partial Taking. In the event of the taking of: (i) any portion of the Property, so that the remainder thereof is not reasonably adapted to the continued leasing of the Property by Tenant; or (ii) access, whether by a taking or otherwise, of the Property or a portion thereof to adjoining thoroughfares, so that all accessibility is substantially or materially restricted and as a result the continued leasing of the Property by Tenant will become impracticable or unprofitable in Tenant’s sole discretion; then Tenant shall have the right to cancel and terminate this Lease as hereinafter provided. Within ninety (90) days after receipt by Tenant from Landlord of written notice that a condemnation action has been commenced, Tenant may, by written notice to Landlord, notify Landlord of its election to terminate this Lease, whereupon the parties shall be released from any and all further obligations under this Lease except to the extent any such obligation hereunder is expressly provided hereunder that the same shall survive the termination of this Lease and Tenant shall share any award or sale price as provided in Section 12(b) hereof. (d) Notice of Proceedings. Upon service on either party hereto of any legal process in connection with any condemnation proceedings, the party so served shall give immediate notice thereof to the other party hereto. (e) Temporary Taking. In the event of a taking of the Property, or any portion thereof, for temporary use (specifically one not exceeding one hundred twenty (120) days in duration), without the taking of the fee simple title thereto, this Lease shall remain in full force and effect, except for Tenant’s payment of Rent which shall be proportionally abated for any period during which Tenant cannot operate its business from the Property in the same manner as prior to such temporary taking. All awards, damages, compensation and proceeds payable by the condemnor by reason of such taking relating to the Property, for periods prior to the expiration of the Lease shall be payable to Tenant. All such awards, damages, compensation and proceeds for periods after the expiration of the Lease shall be payable to Landlord. 12. UTILITIES Tenant shall pay during the Term hereof directly to the appropriate utility company or governmental agency all electric, water, gas, telephone and other public utility charges in connection with its occupancy and use of the Property, including all costs of operating and maintaining all equipment therein, all business licenses and similar permit fees but excluding any installation costs, tap fees and/or connection fees or charges, all of which shall be paid by Landlord. All utilities shall be paid pursuant to separate meters measuring Tenant’s consumption of utilities from the Property, which 281 of 620 9 City of Evanston Lease – 860 Chicago Avenue meter fee shall be Landlord’s obligation at its sole cost and expense. Landlord shall not be liable to Tenant for damages or otherwise (i) if any utilities shall become unavailable from any public utility company, public authority or any other person or entity supplying or distributing such utility, or (ii) for any interruption in any utility service (including, but without limitation, any heating, ventilation or air conditioning) caused by the making of any necessary repairs or improvements or by any cause beyond Landlord's reasonable control, and the same shall not constitute a default, termination or an eviction. Notwithstanding the foregoing, in the event an interruption with such utility services shall continue for more than five (5) consecutive days, and if such interruption is not caused in part by Tenant, and if as a result of such interruption Tenant is unable to operate in the Property and in fact does not operate in the Property, then Rent shall abate for the entire period of interruption. 13. COVENANTS AGAINST LIENS Tenant covenants and agrees that it shall not, during the Term hereof, suffer or permit any lien to be attached to or upon the Property or the Property by reason of any act or omission on the part of Tenant or its agents, contractors or employees. In the event that any such lien does so attach, and (i) is not released within thirty (30) days after notice to Tenant thereof, or (ii) if Tenant has not bonded such lien within said thirty (30) day period, Landlord, in its sole discretion, may pay and discharge the same and relieve the Property or the Property therefrom, and Tenant agrees to repay and reimburse Landlord upon demand for the amount so paid by Landlord and for other reasonable costs incurred by Landlord in discharging and relieving said lien. The Tenant will hold the Landlord harmless from all claims, liens, claims of lien, demands, charges, encumbrances or litigation arising out of any work or activity of Tenant on the Property. Tenant will, within sixty (60) days after filing of any lien, fully pay and satisfy the lien and reimburse Landlord for all resulting loss and expense, including a reasonable attorney’s fees. Provided, however, in the event that Tenant contests any lien so filed in good faith and pursues an active defense of said lien, Tenant shall not be in default of this paragraph. However, in the event of any final judgment against Tenant regarding such lien, Tenant agrees to pay such judgment and satisfy such lien within 60 days of the entry of any such judgment. 14. ASSIGNMENT AND SUBLETTING Tenant shall not have the right to assign this Lease, or to sublet the Property, transfer and grant concessions or licenses (“Transfer”) in all or any part of the Property without the Landlord’s written consent, which consent shall not be unreasonably withheld, conditioned or delayed. No Transfer shall relieve Tenant from any of its obligations as Tenant hereunder. Every such assignment or sublease shall recite that it is and shall be subject and subordinate to the provisions of this Lease, and the termination or cancellation of this Lease shall constitute a termination and cancellation of every such assignment or sublease. Notwithstanding the foregoing, Landlord agrees that no merger, consolidation, corporate reorganization, or sale or transfer of Tenant's assets or stock (specifically including any inter-family or inter-company transfers), redemption or issuance of additional stock of any class, or assignment or sublease to any person or entity which controls, is controlled by or is under common control with Tenant, shall be deemed a Transfer hereunder. 15. NOTICES Any notices required to be given hereunder, or which either party hereto may desire to give to the other, shall be in writing. Such notice may be given by reputable overnight delivery service (with proof of receipt available), personal delivery or mailing the same by United States mail, registered or 282 of 620 10 City of Evanston Lease – 860 Chicago Avenue certified, return receipt requested, postage prepaid, at the following addresses identified for Landlord and Tenant, or to such other address as the respective parties may from time to time designate by notice given in the manner provided in this Section. If to the City of Evanston: with a copy to: City Manager Corporation Counsel 2100 Ridge Avenue 2100 Ridge Avenue Evanston, IL 60201 Evanston, IL 60201 If to Tenant: City Newsstand, Inc. 4018 North Cicero Avenue Chicago, IL 60641 For purposes of this Lease, a notice shall be deemed given upon the date of actual receipt thereof or the date of proof of rejection thereof if delivered by hand or overnight courier service. 16. RIGHT TO GO UPON PROPERTY Landlord hereby reserves the right for itself or its duly authorized agents and representatives at all reasonable times during business hours of Tenant upon at least forty-eight (48) hours prior notice to Tenant and accompanied by a representative of Tenant (which may be the store manager or assistant manager) to enter upon the Property for the purpose of inspecting the same and of showing the same to any prospective purchaser or encumbrance or tenant, and for the purpose of making any repairs which Landlord is required hereunder to make on the Property, but any such repairs shall be made with all due dispatch during normal construction trade working hours, and in such manner as to minimize the inconvenience to Tenant in the conduct of its business, it being agreed that in the event of a necessity of emergency repairs to be made by Landlord, Landlord may enter upon the Property forthwith to effect such repairs. Notwithstanding the foregoing, in the event that due to an entry by or on behalf of Landlord into the Property, Tenant’s use is materially interfered with and Tenant, from the standpoint of prudent business management, cannot open and operate the Property for business for two (2) consecutive days, all Rent and other charges payable by Tenant hereunder shall equitably abate commencing after such second (2 nd) day, and continuing until such repairs are completed, unless such entry is required as a result of Tenant’s negligence or intentional misconduct. 17. DEFAULT (a) Tenant Default. (i) Events of Default. Including, but not limited to, the following events shall be deemed to be an “event of default” hereunder by Tenant subject to Tenant’s right to cure: a. Tenant shall fail to pay any item of Rent per Section 3 at the time and place when and where due and does not cure such failure within five (5) business days after receipt of notice from Landlord of such failure; b. Tenant shall fail to comply with any other term, provision, covenant or warranty 283 of 620 11 City of Evanston Lease – 860 Chicago Avenue made under this Lease or if any of Tenant’s representations and warranties made under this Lease are determined to be untrue, either when made or at any time during the Term, by Tenant, and Tenant shall not cure such failure within thirty (30) days after Landlord's written notice thereof to Tenant. In the event Tenant cannot comply with such term, provision, or warranty, within said thirty (30) day period, Tenant shall not be in default if Tenant is diligently and continuously making an effort to comply with such term, provision, covenant or warranty and Tenant completes the cure of the default; or c. Tenant shall make a general assignment the benefit of creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy. (ii) Remedies. Upon the occurrence of an event of default, Landlord may, so long as such default continues, as permitted by law and subject to Landlord’s obligation to use good faith efforts to mitigate damages, either: a. terminate this Lease by written notice to Tenant, which written notice shall specify a date for such termination at least fifteen (15) days after the date of such written termination notice and such termination shall be effective as provided in such written notice unless Tenant shall cure such default within such notice period, or not terminate this Lease as a result of the default of Tenant. If Tenant shall fail to surrender the Property upon such termination, Landlord may thereupon, reenter the Property, or any part thereof, and expel or remove therefrom Tenant and any other persons occupying the same, using such means provided by law; b. without terminating this Lease, Landlord may evict Tenant (by any means provided by law) and let or relet the Property or any or all parts thereof for the whole or any part of the remainder of the Term hereof, or for a period of time in excess of the remainder of the Term hereof, and out of any rent so collected or received, Landlord shall first pay to itself the expense of the cost of retaking and repossessing the Property and the expense of removing all persons and property therefrom, and shall, second, pay to itself any costs or expenses sustained in securing any new tenant or tenants (provided that such amount shall not include any amounts incurred to restore the Property to more than the condition originally delivered to Tenant), and shall third, pay to itself any balance remaining, and apply the whole thereof or so much thereof as may be required toward payment of the liability of Tenant to Landlord then or thereafter unpaid by Tenant; or c. pursue such other remedies as are available at law or in equity. (b) Landlord Default. Should Landlord default in the performance of any covenant, provision, warranty, condition or agreement herein, or if any of Landlord’s representations and warranties made under this Lease are determined to be untrue, either when made or at any time during the Term, and such default in the case of any failure by Landlord to pay any sum required to be paid to Tenant hereunder, continues for ten (10) business days after notice thereof from Tenant, or in case of any non-monetary default, continues for thirty (30) days after receipt by Landlord of written notice thereof from Tenant (except as otherwise provided herein), or if the default of Landlord is of a type which is not reasonably possible to cure within thirty (30) days, if Landlord has not commenced to cure said default within said thirty (30) day period and does not thereafter diligently prosecute the curing of said default to completion (except as otherwise provided herein), Tenant in addition to any 284 of 620 12 City of Evanston Lease – 860 Chicago Avenue and all other remedies which it may have at law and/or in equity including the right to seek injunctive relief without posting a bond or the obligation to prove irreparable harm, may pay or perform any obligations of Landlord hereunder and deduct the cost thereof from each installment of annual Rent payable pursuant to the terms of this Lease; provided, however, in no event shall the amount of any such deduction exceed ten percent (10%) of the Rent payable on a monthly basis; provided, further, Tenant shall not have the right to terminate this Lease except as expressly permitted herein. 18. REPRESENTATIONS AND WARRANTIES (a) Landlord represents, warrants and covenants to Tenant that, to Landlord’s knowledge, the following is true as of the Effective Date: (i) Landlord is the fee simple owner of the Property; (ii) the Property is subject to no restrictions or continuing regulations of any kind or nature whatsoever incompatible with the Permitted Use and that there are no restrictions in any agreement by which Landlord is bound (including, but not limited to, Landlord’s insurance policies) which would adversely affect Tenant’s right to use the Property for the Permitted Use during the Term; (iii) there are no exceptions to title with respect to and/or encumbrances on the Property which would interfere with Tenants proposed use of the Property; (iv) Landlord has no notice of any proposed Assessments other than as reflected on the current tax bill; (v) there are no judicial, quasi-judicial, administrative or other orders, injunctions, moratoria or pending proceedings against Landlord or the Property which preclude or interfere with, or would preclude or interfere with, the construction contemplated herein or the occupancy and use of the Property by Tenant for the purposes herein contemplated. (vi) no third party has the right to object to Tenant’s tenancy hereunder, prohibit the selling of any products sold by Tenant or the uses allowed herein or the right to consent to any feature of the Property or Tenant’s signage. (vii) there are no mortgages, prime leases, deeds to secure debt, deeds of trust, or other instruments in the nature thereof, affecting Landlord or its interest in the Property. (b) All representations and warranties, covenants and indemnities contained in this Lease shall survive the expiration or earlier termination of this Lease. 19. HOLDING OVER; END OF TERM (a) If Tenant shall hold possession of the Property after the expiration or termination of this Lease, at Landlord's option (i) Tenant shall be deemed to be occupying the Property as a tenant from month-to- month at one hundred fifty percent (150%) of the Rent in effect upon the expiration or termination of the immediately preceding term or (ii) Landlord may exercise any other remedies it has under this Lease or at law or in equity including an action for wrongfully holding over. 285 of 620 13 City of Evanston Lease – 860 Chicago Avenue (b) Upon the expiration or sooner termination of this Lease, Tenant shall surrender the Property to Landlord in as good order, condition and repair as when received by Tenant; ordinary wear and tear, casualty and condemnation excepted. This provision shall expressly survive the termination or expiration of this Lease. (c) Any property, equipment, or product remaining in the Property upon expiration of this Lease shall be considered abandoned and property of the Landlord. 20. REMEDIES ARE CUMULATIVE Remedies conferred by this Lease upon the respective parties are not intended to be exclusive, but are cumulative and in addition to remedies otherwise afforded by the law. 21. QUIET POSSESSION Upon payment by the Tenant of the minimum, percentage and additional rent and all other sums due hereunder and upon the observance and performance of all covenants, terms and conditions on Tenant’s part to be observed and performed, Tenant shall peaceably and quietly hold and enjoy the Property for the Term of this Lease without hindrance or interruption by Landlord or any other person or persons lawfully or equitably claiming by, through or under the Landlord, subject nevertheless, to the terms and conditions of this Lease. 22. ALTERATION (a) Changes Required by Law. Any structural changes, alterations or additions in or to the Property which may be necessary or required by reason of any law, rule, regulation or order promulgated by competent governmental authority shall be made at the sole cost and expense of Landlord, including but not limited to asbestos removal and disposal and interior and exterior compliance with the Americans with Disabilities Act (ADA) etc. Notwithstanding the foregoing, if any such changes, alterations or additions are required as a result of improvements made by Tenant during the Term hereof or due to Tenant’s use of the Property, such changes, alterations or additions shall be made at the sole cost and expense of Tenant. Tenant may contest the validity of any such law, rule, regulation or order, but shall indemnify and save Landlord harmless against the consequences of continued violation thereof by Tenant pending such contest. (b) Alterations During Term. Tenant shall be permitted to perform interior, nonstructural alterations to the Property and to revise the interior layout of the Property. Tenant shall obtain Landlord's written consent to any other alterations or construction which affects the structural nature of the Property, which consent shall not be unreasonably withheld, conditioned or delayed. 23. HAZARDOUS SUBSTANCES (a) Tenant agrees that, except as herein set forth, it shall not generate, use, store, handle or dispose of on or transport over the Property any Hazardous Substances (defined below) in violation of any Environmental Laws (defined below), except as such incidental amounts of Hazardous Substances as may be required for Tenant to conduct the Permitted Use. 286 of 620 14 City of Evanston Lease – 860 Chicago Avenue (b) If, at any time during the Term, Hazardous Substances are found in the Property or at the Property, then, in such event: (i) with regard to any Hazardous Substances existing on the Property prior to the Commencement Date or that Landlord shall have caused, Landlord shall remove same, in compliance with applicable Environmental Laws, at Landlord’s sole cost and expense. Landlord shall defend, indemnify, and hold Tenant harmless from and against any and all costs, damages, expenses and/or liabilities (including reasonable attorneys’ fees) which Tenant may suffer as a result of any claim, suit or action regarding any such Hazardous Substances (whether alleged or real) and/or regarding the removal and clean-up of same or resulting from the presence of such Hazardous Substances. The representation, warranty and indemnity of Landlord described in this subsection shall survive the termination or expiration of this Lease. (ii) with regard to any Hazardous Substances caused by Tenant or its agents, contractors or employees, Tenant shall remove same, in compliance with applicable Environmental Laws, at Tenant’s sole cost and expense. Tenant shall defend, indemnify, and hold Landlord harmless from and against any and all costs, damages, expenses and/or liabilities (including reasonable attorneys’ fees) which Landlord may suffer as a result of any claim, suit or action regarding any such Hazardous Substances (whether alleged or real) present due to Tenant and/or regarding the removal and clean-up of same or resulting from the presence of such Hazardous Substances. The representation, warranty and indemnity of Tenant described in this subsection shall survive the termination or expiration of this Lease. (c) In the event that during the Term of this Lease, Tenant is prevented from performing Tenant’s Work and/or Tenant shall be unable to operate for a period of thirty (30) days or more for the Permitted Use at the Property and ceases operating at the Property as a result of the existence or remediation of Hazardous Substances located at the Property which were not caused by Tenant or its agents, contractors or employees, then Rent, Additional Rent and all other charges due hereunder shall equitably abate, in accordance with the portion of the Property used by Tenant, until such time as Tenant is able to resume the performance of Tenant’s Work and/or the operation of its business in the Property. If Rent and other charges shall be so abated for a period of three hundred sixty-five (365) days, Tenant shall have the right to terminate this Lease upon thirty (30) days prior written notice to Landlord. (d) The term “Hazardous Substance” includes, without limitation, any material or substance which is (i) defined or listed as a “hazardous waste”, “extremely hazardous waste”, “restrictive hazardous waste” or “hazardous substance” or considered a waste, condition of pollution or nuisance under any Environmental Law (as defined below); (ii) petroleum or a petroleum product or fraction thereof; (iii) asbestos and any asbestos containing materials; and/or (iv) substances known to cause cancer and/or reproductive toxicity. The term “Environmental Law” shall mean any federal, state or local law, statute, ordinance, rule, regulation, order, consent, decree, judgment or common-law doctrine, interpretation thereof, and provisions and conditions of permits, licenses, plans, approvals and other operating authorizations whether currently in force or hereafter enacted relating to health, industrial hygiene or the environmental conditions on, under or about the Property, as such laws are amended and the regulations and administrative codes applicable thereto. It is the intent of the parties hereto to construe the terms “Hazardous Substance” and “Environmental Law” in their broadest sense. 287 of 620 15 City of Evanston Lease – 860 Chicago Avenue 24. GENERAL CONDITIONS (a) Time is of the essence of this Lease. Any deadlines in this Lease which cannot be met because of delays caused by governmental regulations, inability to procure labor or materials, strikes, acts of God, or other causes (other than financial), beyond the control of Landlord or Tenant (“Force Majeure”) shall be extended by the amount of time caused by such delays; provided, however, the payment of rent shall not be excused. Notwithstanding anything herein to the contrary, the failure by Landlord to construct the Property according to building code and/or to receive timely inspections by the necessary authorities due solely to the negligence, misconduct or financial inability of Landlord or Landlord's contractors, employees or representatives shall not constitute Force Majeure. In order for Landlord to claim the occurrence of Force Majeure, Landlord must have notified Tenant in writing of such occurrence within twenty (20) business days after the initial occurrence. (b) No waiver of any breach of the covenants, agreements, obligations and conditions of this Lease to be kept or performed by either party hereto shall be construed to be a waiver of any succeeding breach of the same or any other covenant, agreement, obligation, condition or provision hereof. (c) If the Landlord must pursue legal action to enforce terms of the Lease, Tenant is responsible for all costs, charges, expenses and attorney’s fees, and any other fees incurred in the event of a dispute between the Parties. (d) Tenant shall not be responsible for the payment of any commissions in relation to the leasing transaction represented by this Lease. Landlord and Tenant each covenant that they have not dealt with any real estate broker or finder with respect to this Lease (herein collectively “Brokers”). Each party shall hold the other party harmless from all damages, claims, liabilities or expenses, including reasonable and actual attorneys' fees (through all levels of proceedings), resulting from any claims that may be asserted against the other party by any real estate broker or finder with whom the indemnifying party either has or is purported to have dealt, except for the Brokers. (e) The use herein of any gender or number shall not be deemed to make inapplicable the provision should the gender or number be inappropriate to the party referenced. All section headings, titles or captions contained in this Lease are for convenience only and shall not be deemed part of this Lease and shall not in any way limit or amplify the terms and provisions of this Lease. (f) Landlord and Tenant have negotiated this Lease, have had the opportunity to be advised respecting the provisions contained herein and have had the right to approve each and every provision hereof; therefore, this Lease shall not be construed against either Landlord or Tenant as a result of the preparation of this Lease by or on behalf of either party. (g) If any clause, sentence or other portion of this Lease shall become invalid or unenforceable, the remaining portions thereof shall remain in full force and effect. (h) Wherever in this Lease Landlord or Tenant is required to give consent, such consent shall not be unreasonably withheld, conditioned or delayed except to the extent otherwise expressly provided herein. 288 of 620 16 City of Evanston Lease – 860 Chicago Avenue (i) Landlord hereby agrees that it shall maintain all confidentiality with regard to entering into this Lease, the opening for business by Tenant in the Property and any financial information contained hereunder or obtained from Tenant during the Term of this Lease, other than disclosures to necessary third parties and Landlord shall not release any material whatsoever to the press or any news media without the prior written approval of Tenant, which approval may be withheld in Tenant’s sole discretion. (j) There shall be no personal liability on Landlord, its elected officials, officers, employees, agents, or any successor in interest with respect to any provisions of this Lease, or amendments, modifications or renewals hereof. Tenant shall look solely to the then owner's interest in the Property (including but not limited to any insurance proceeds, rents, or judgments) for the satisfaction of any remedies of Tenant in the event of a breach by Landlord of any of its obligations hereunder. (k) Landlord hereunder shall have the right to assign, sell or transfer Landlord’s interest in this Lease or the Property with consent of Tenant, which shall not be unreasonably withheld. In the event of any such transfer, the transferor shall be automatically relieved of any and all obligations on the part of Landlord accruing from and after the date of such transfer. (l) The parties agree the this Lease shall be governed by and interpreted in accordance with the laws of the State of Illinois and that venue for any disputes shall be in the Circuit Court of Cook County, Illinois. (m) This Lease shall become effective on the day that this Lease shall be executed by the last of the parties hereto to execute this Lease (herein “Effective Date”). (n) There are no oral agreements between the parties hereto affecting this Lease, and this Lease supersedes and cancels any and all previous negotiations, arrangements, letters of intent, lease proposals, brochures, agreements, representations, promises, warranties and understandings between the parties hereto or displayed by Landlord to Tenant with respect to the subject matter thereof, and none thereof shall be used to interpret or construe this Lease. This Lease cannot be changed or terminated except by a written instrument subsequently executed by the parties hereto. [REMAINDER OF THE PAGE LEFT INTENTIONALLY BLANK] 289 of 620 17 City of Evanston Lease – 860 Chicago Avenue IN WITNESS WHEREOF, the respective parties hereto have executed this Lease by officers or agents thereunto duly authorized. Landlord: CITY OF EVANSTON, An Illinois municipal corporation By: _________________________________ Name: Wally Bobkiewicz Title: City Manager Tenant: CITY NEWSSTAND, INC. An Illinois corporation By: _________________________________ Name: Joe Angelastri 290 of 620 18 49817532v4 EXHIBIT A LEGAL DESCRIPTION THAT PART OF LOT 12 (EXCEPT THE WEST 28 FEET THEREOF) IN BLOCK 12 IN WHITE’S ADDITION TO EVANSTON IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN EVANSTON, COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 12; THENCE ALONG THE NORTHLINE OF SAID LOT 12, AND ON AN ASSUMED BEARING, SOUTH 89 DEGREES 08 MINUTES 09 SECONDS WEST 58.02 FEET; THENCE SOUTH 14 DEGREES 55 MINUTES 00 SECONDS EAST 46.15 FEET; THENCE NORTH 81 DEGREES 41 MINUTES 25 SECONDS EAST 53.33 FEET TO THE EAST LINE OF SAID LOT 12; THENCE, ALONG SAID EAST LINE NORTH 09 DEGREES 58 MINUTES 06 SECONDS WEST 38.34 FEET TO THE POINT OF BEGINNING. COMMONLY KNOWN AS: 860 CHICAGO AVENUE, EVANSTON, ILLINOIS PIN: 11-19-424-008-8002 (Leasehold PIN) 291 of 620 For City Council meeting of July 25, 2016 Item A9 Ordinance 85-O-16, Lease with Enterprise Leasing of Chicago, LLC For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Erika Storlie, Deputy City Manager/Director of Administrative Services Rickey A. Voss, Parking/Fleet Manager Subject: Ordinance 85-O-16, Property Lease with a 5 Year Extension at 1810 Maple Avenue with Enterprise Leasing of Chicago, LLC Date: July 12, 2016 Recommended Action: City staff recommends City Council approval of Ordinance 85-O-16 authorizing the City Manager to enter a five (5) year property lease with an option to extend another five (5) years at 1810 Maple Avenue with Enterprise Leasing of Chicago, LLC. Funding Source: FY 2016 Revenue Account Property (Account 505.19.7037.56712) FY 2016 Revenue Account Parking (Account 505.19.7037.53510) Summary: On September 11, 2006, the City entered into a ten (10) year property lease with Enterprise Leasing of Chicago, LLC at 1810 Maple Avenue, with the option to renew for five (5) years or through 2021. The purpose of the lease was to provide a vehicle rental and leasing office for Enterprise Leasing, of Chicago LLC in Evanston. In addition to the property lease, Enterprise Leasing of Chicago LLC agreed to rent fifteen (15) parking spaces at the 1800 Maple Avenue parking garage to store leased vehicles. The parties seek to execute a new lease for five (5) additional years, with the option to extend an additional five (5) years, with the terms outlined below. The initial five (5) year term with Enterprise Leasing of Chicago, LLC will be effective October 1, 2016 through September 30, 2021. The details of the new lease are as follows: Memorandum 292 of 620 Effective Date End Date 10/01/2016 09/30/2021 Period Effective Date End Date Monthly Rent Annual Rent 11th Year Rent 10/01/2016 09/30/2017 $3,034.50 $36,414.00 12th Year Rent 10/01/2017 09/30/2018 $3,034.50 $36,414.00 13th Year Rent 10/01/2018 09/30/2019 $3,570.00 $42,840.00 14th Year Rent 10/01/2019 09/30/2020 $3,570.00 $42,840.00 15th Year Rent 10/01/2020 09/30/2021 $3,570.00 $42,840.00 Five (5) year optional renewal term. Effective Date End Date 10/01/2021 09/30/2026 Period Effective Date End Date Monthly Rent Annual Rent 16th Year Rent 10/01/2021 09/30/2022 $3,927.00 $47,124.00 17th Year Rent 10/01/2022 09/30/2023 $3,927.00 $47,124.00 18th Year Rent 10/01/2023 09/30/2024 $3,927.00 $47,124.00 19th Year Rent 10/01/2024 09/30/2025 $3,927.00 $47,124.00 20th Year Rent 10/01/2025 09/30/2026 $3,927.00 $47,124.00 Enterprise Leasing of Chicago, LLC is permitted to lease fifteen parking spaces in the Maple Avenue Garage. During the Primary Term, 10/1/2016 through 9/30/2021 the rental rate is ninety dollars ($90) per space per month. If the Extension Option is exercised, the parking spaces will be ninety-five dollars ($95) per space per month. The monthly payments for the Parking Spaces must be remitted to SP Plus Management and mail checks to: SP Plus Management, 1800 Maple Avenue, Evanston, Illinois 60201. Enterprise Leasing of Chicago, LLC shall be responsible for all Taxes and Assessments associated with 1810 Maple Avenue. ---------------------------------------------------------- Attachments: Ordinance 85-O-16 Enterprise Lease 293 of 620 7/1/2016 85-O-16 AN ORDINANCE Authorizing the City Manager to Execute a Lease of City-Owned Real Property Located at 1810 Maple Avenue WHEREAS, the City of Evanston owns certain real property located at 1800 Maple Avenue, Evanston, Illinois 60201, which is improved with a public parking garage referred to as the Maple Avenue Garage and contains two commercial storefronts at the street level (the “Property”); and WHEREAS, Enterprise Leasing Company of Chicago, LLC, a Delaware limited liability company d/b/a “Enterprise Rent-a-Car” currently rents one of two commercial storefronts, address 1810 Maple Avenue (“Premises”), and seeks to renew its lease with the City; and WHEREAS, the City Council has determined that the Property is not necessary to City operations and continuing to lease the Property to Enterprise Leasing Company of Chicago, LLC is in the City’s best interests, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: Pursuant to Subsection 1-17-4-1 of the Evanston City Code of 2012, as amended (the “City Code”), the City Manager is hereby authorized and directed to execute, on behalf of the City, the Lease Agreement by and between the City of Evanston, as landlord, and Enterprise Leasing Company of Chicago, LLC, as 294 of 620 85-O-16 ~2~ tenant. The Lease Agreement shall be in substantial conformity with the Lease Agreement attached hereto as Exhibit “1” and incorporated herein by reference. 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: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Ayes: ______________ Nays: ______________ Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 295 of 620 85-O-16 ~3~ EXHIBIT 1 LEASE AGREEMENT 296 of 620 49817532v4 LEASE between Enterprise Leasing Company of Chicago, LLC a Delaware limited liability company as Tenant and CITY OF EVANSTON An Illinois municipal corporation, as Landlord 1810 MAPLE AVENUE EVANSTON, ILLINOIS 60201 297 of 620 49817532v4 TABLE OF CONTENTS 1. PREMISES .................................................................................................................................... 1 2. TERM ............................................................................................................................................. 1 3. RENT ............................................................................................................................................. 2 4. FIXTURES .................................................................................................................................... 3 5. USE OF PREMISES .................................................................................................................... 3 6. MAINTENANCE ........................................................................................................................ 3 7. PAYMENT OF TAXES ............................................................................................................. 5 8. DAMAGE AND DESTRUCTION ......................................................................................... 5 9. INSURANCE ................................................................................................................................ 6 10. INDEMNIFICATION ............................................................................................................... 7 11. EXERCISE OF EMINENT DOMAIN .................................................................................. 8 12. UTILITIES .................................................................................................................................... 9 13. COVENANTS AGAINST LIENS ........................................................................................... 9 14. ASSIGNMENT AND SUBLETTING .................................................................................. 10 15. NOTICES .................................................................................................................................... 10 16. RIGHT TO GO UPON PREMISES ..................................................................................... 11 17. DEFAULT ................................................................................................................................... 11 18. SIGNS .......................................................................................................................................... 12 19. REPRESENTATIONS AND WARRANTIES .................................................................... 13 20. HOLDING OVER; END OF TERM ................................................................................... 14 21. EXPENSES OF ENFORCEMENT ...................................................................................... 14 22. SUCCESSORS IN INTEREST ............................................................................................... 14 23. REMEDIES ARE CUMULATIVE ........................................................................................ 15 24. QUIET POSSESSION .............................................................................................................. 15 25. ALTERATION ........................................................................................................................... 15 26. HAZARDOUS SUBSTANCES ............................................................................................... 15 27. GENERAL CONDITIONS .................................................................................................... 16 28. SUBORDINATION .................................................................................................................. 18 298 of 620 1 49817532v4 L E A S E THIS LEASE AGREEMENT is made by and between CITY OF EVANSTON (“Landlord”), an Illinois municipal corporation and Enterprise Leasing Company of Chicago, LLC, a Delaware limited liability company d/b/a Enterprise Rent-A-Car (“Tenant”). W I T N E S S E T H: 1. PREMISES (a) Property. Landlord is the fee simple owner of certain real property at 1800 Maple Avenue, Evanston, Illinois 60201, which is the public parking facility commonly known as the “Maple Avenue Garage” legally described in Exhibit “A” attached hereto and incorporated herein (the “Garage Property”). The Garage Property contains two commercial units on the ground level and Landlord leases one of these units to Tenant, with the common address of 1810 Maple Avenue, Evanston, Illinois 60201, as shown on the Site Plan on Exhibit “B” attached hereto and incorporated herein by this reference (the “Premises”). Landlord does hereby demise and lease the Premises to Tenant, for Tenant’s exclusive use and control, together with all appurtenances thereto, pursuant to the terms and conditions of this Lease. (b) Parking. This Lease does include the lease of fifteen (15) parking spaces for rental vehicles in the Maple Avenue Garage as part of the rental rate. The rental rate for the lease of these spaces in outlined in Paragraph 3 below. 2. TERM (a) Primary Term. Subject to the provisions of this Lease, the “Primary Term” shall be a five (5) year term, commencing on October 1, 2016 (“Commencement Date”) and shall end at 11:59 p.m. on September 30, 2021 except as otherwise terminated as provided herein. (b) Extended Terms. Provided Tenant is not otherwise in default beyond any applicable cure period, Tenant shall have one (1) option (“Extension Option”), to extend the lease for a five (5) year period, October 1, 2021 – September 30, 2026 (“Extension Term”) upon the same terms, covenants and conditions as herein provided. Each Extension Option shall be exercised by Tenant delivering to Landlord written notice of such election, not less than one hundred twenty (120) days prior to the expiration of the then current term. The exercise by Tenant of any one Extension Option shall not be deemed to impose upon Tenant any duty or obligation to renew for any further period of time, and that the exercise of any Extension Option shall be effective only upon the giving of notice of extension in accordance with the foregoing provisions. The Primary Term together with the Extension Term is referred to herein collectively as the “Term”. (c) Adverse Legislation; Termination Right. Notwithstanding anything to the contrary in this Lease, if at any time during the term of this Lease, Tenant is prohibited from conducting its normal course of business by reason of law or legislative or administrative act, whether federal, state or local, or loss of the License, Tenant shall have the right to terminate this Lease upon ninety (90) days prior written notice. In the event Tenant terminates this Lease as aforesaid, Tenant shall pay to Landlord an amount equal to all rents and other charges due Landlord through the effective date of termination and, in the event any such amounts are unknown at that time, an amount reasonably 299 of 620 2 49817532v4 estimated by Landlord to reflect Tenant’s obligation under this Lease, and the parties shall have no further obligations under this Lease except for those obligations which specifically survive the expiration or earlier termination of this Lease. 3. RENT (a) Fixed Minimum Rent. Commencing on the Commencement Date, and subject to the terms of this Lease, Tenant agrees to pay to Landlord: (i) Fixed Minimum Rent (herein so called) described below; and (ii) all other charges due from Tenant to Landlord hereunder as “Additional Rent” (herein so called). (i) Initial Fixed Minimum Rent. Commencing on the Commencement Date and continuing through the Primary Term, Tenant shall pay to Landlord according to this table: Period Effective Date End Date Monthly Rent Annual Rent 11th Year Rent 10/01/2016 09/30/2017 $3,034.50 $36,414.00 12th Year Rent 10/01/2017 09/30/2018 $3,034.50 $36,414.00 13th Year Rent 10/01/2018 09/30/2019 $3,570.00 $42,840.00 14th Year Rent 10/01/2019 09/30/2020 $3,570.00 $42,840.00 15th Year Rent 10/01/2020 09/30/2021 $3,570.00 $42,840.00 (i) Extension Term Rent. Commencing on the first day of the Extension Term and continuing through the end of the Extension Term, Tenant shall pay Landlord according to this table: Period Effective Date End Date Monthly Rent Annual Rent 16th Year Rent 10/01/2021 09/30/2022 $3,927.00 $47,124.00 17th Year Rent 10/01/2022 09/30/2023 $3,927.00 $47,124.00 18th Year Rent 10/01/2023 09/30/2024 $3,927.00 $47,124.00 19th Year Rent 10/01/2024 09/30/2025 $3,927.00 $47,124.00 20th Year Rent 10/01/2025 09/30/2026 $3,927.00 $47,124.00 (ii) Late Fee and Interest. In the event any sums required hereunder to be paid are not received by Landlord on or before the date the same are due, then, Tenant shall on demand pay, as additional rent, a service charge of Two Hundred Dollars ($200). In addition, interest shall accrue on all past due sums at an annual rate equal to the lesser of six percent (6.0%) per month and the maximum legal rate. Such interest shall also be deemed Additional Rent. (b) Parking Spaces. Tenant is permitted to lease fifteen parking spaces in the Maple Avenue Garage. During the Primary Term, the rental rate is Ninety Dollars ($90) per space per month. If Tenant exercises the Extension Option, the parking spaces will be Ninety-Five Dollars ($95) per space per month. Tenant must remit monthly payments for the Parking Spaces to SP Plus Management and mail checks to: SP Plus Management, 1800 Maple Avenue, Evanston, Illinois 60201. (c) Time and Place of Payment. Tenant shall pay to Landlord Fixed Minimum Rent in advance, 300 of 620 3 49817532v4 in equal monthly installments, and without prior notice, setoff (unless otherwise expressly permitted herein) or demand, except as otherwise specifically provided herein, on or before the first (1 st) day of each calendar month during the Term hereof to: City of Evanston Attn: Collector’s Office 2100 Ridge Avenue Evanston, IL 60201 4. FIXTURES All trade fixtures and equipment installed by Tenant in or on the Premises (including furniture, satellite communication dish and equipment, registers, other equipment, shelving and signs) shall remain the property of Tenant and Tenant may remove the same or any part thereof at any time prior to or at the expiration or earlier termination of this Lease. Tenant shall repair at its own expense any damage to the Garage Property or Premises caused by the removal of said fixtures or equipment by Tenant. This provision shall expressly survive the termination or expiration of this Lease. 5. USE OF PREMISES (a) Permitted Use. Tenant shall have the right, subject to applicable Federal, State and local laws and the terms of this Lease, to use the Premises for the following purpose(s): to run a commercial rental vehicle business and related functions to run the rental business (herein collectively “Permitted Use”). (b) Tenant Exclusive Use of Premises. Landlord covenants and agrees that it has no rights to use, modify, alter or lease any portion of the Premises other than as expressly provided in this Lease. 6. MAINTENANCE (a) Tenant accepts the Premises in as-is condition, and acknowledges that the Landlord has made no representations to the condition or has made any repairs to same except as provided in this Lease. The Landlord or Landlord’s staff or other representatives have made no representations or assurances that it will alter or remodel the Premises and all renovations will be at Tenant’s sole cost and expense. (b) Maintenance Responsibilities of Tenant: (i) HVAC system for the Premises, interior sprinkler and fire safety system within the Premises, and other interior fixtures. (ii) Tenant cannot dispose of construction building materials in the standard refuse containers and must arrange for special pick-ups and containers for said materials. A refuse container for regular refuse will be located at the Premises in reasonable proximity to the Premises. Tenant will contract to have trash hauled from such container with reasonable frequency. Tenant is responsible for snow, ice removal and leaf removal and general upkeep of the 301 of 620 4 49817532v4 exterior directly in front and in back of the Premises. (iii) The Tenant will at all times maintain all of the Premises in a clean, neat and orderly condition. The Tenant will not use the Premises in a manner that will violate or make void or inoperative any policy of insurance held by the Landlord. The Tenant shall pay the Landlord for overtime wages for staff and for any other related expenses incurred in the event that repairs, alterations or other work in the Premises required or permitted hereunder are not made during ordinary business hours at the Tenant’s request. (iv) Tenant will keep the interior non-structural portions of the Premises, including all interior, non-structural walls, surfaces and appurtenances (other than systems and any other items that Landlord is required to maintain pursuant to Section 7(c), in good repair. Tenant shall be responsible for repairs, damages and losses for damages sustained outside the Premises attributable to Tenant’s negligence or intentional misconduct. Tenant agrees to use good faith efforts to report such damage in writing to the Director of Public Works or her designee, by the next City of Evanston business day, after discovery of such damage by Tenant. (v) Tenant shall yield the Premises back to Landlord, upon the termination of this Lease, whether such termination shall occur by expiration of the Term, or in any other manner whatsoever, in the same condition of cleanliness and repair as at the date of the execution hereof, loss by casualty and reasonable wear and tear accepted. Except to the extent any of the following is Landlord’s obligation pursuant to Section 7(c), Tenant shall make all necessary repairs and renewals upon Premises and replace broken fixtures with material of the same size and quality as that broken. If, however, the Premises shall not thus be kept in good repair and in a clean condition by Tenant, as aforesaid, Landlord may enter the same, or by Landlord’s agents, servants or employees, witho ut such entering causing or constituting a termination of this Lease or an interference with the possession of the Premises by Tenant, and Landlord may replace the same in the same condition of repair and cleanliness as existed at the date of execution hereof, and Tenant agrees to pay Landlord, in addition to the rent hereby reserved, the expenses of Landlord in thus replacing the Premises in that condition. Tenant shall not cause or permit any waste, misuse or neglect of the water, or of the water, gas or electric fixtures. (vi) Tenant will keep is leasehold improvements in compliance with all laws and regulations during the entire Term of this Lease, except for repairs required of the Landlord to be made and damage occasioned by fire, hurricane or other causes as provided for in this Lease. (c) Landlord, at its sole cost and expense, shall maintain and repair the exterior (except for improvements made by Tenant) and all structural and load bearing columns and walls of the Maple Avenue Garage including the roof membrane, roof structure, and the roof covering, the outside walls (excluding the sign fascia attached to the front of the Premises), all buried utilities, and the foundations of the Maple Avenue Garage in good condition and repair throughout the Term of this Lease. Landlord, at its sole cost and expense, shall also be responsible for all capital expenses relating to the maintenance and repair of the exterior portions of the Maple Avenue Garage and damages caused by Landlord, its agents, employees, licensees or contractors. 302 of 620 5 49817532v4 7. PAYMENT OF TAXES (a) Definition. For purposes hereof, “Taxes” shall mean real property taxes and “Assessments” shall mean assessments, general and special, foreseen and unforeseen, for public improvements levied or assessed against the Premises and the improvements thereon for that portion of the Term (as defined herein). (b) Payment. Landlord represents and warrants to Tenant that the Garage Property is currently exempt from Taxes and Assessments. Tenant shall continue to pay all Taxes and Assessments before any fine, penalty, interest or cost may be added thereto, become due or be imposed by operation of law for the nonpayment of late payment thereof. (c) Prorations. At the end of the Term, Taxes and Assessments to be paid by Tenant shall be prorated based on the portion of the fiscal tax year in which this Lease is in effect. (d) Personal Property Taxes. Tenant shall pay before delinquency any and all taxes and assessments levied or assessed and becoming payable during the Term, against Tenant’s personal property located upon the Premises. 8. DAMAGE AND DESTRUCTION (a) Casualty. If the Premises shall be damaged by fire or other casualty (“Casualty”), Landlord shall, within one hundred eighty (180) days after such damage occurs (subject to being able to obtain all necessary permits and approvals, including, without limitation, permits and approvals required from any agency or body administering environmental laws, rules or regulations, and taking into account the time necessary to effectuate a satisfactory settlement with any insurance company) repair such damage at Landlord’s expense and this Lease shall not terminate. If the foregoing damage is due to the negligence or willful misconduct of Tenant, then Landlord shall look first to the insurance carried by Tenant to pay for such damage. Notwithstanding (i) any other provisions of the Lease to the contrary, and (ii) any legal interpretation that all improvements become part of the realty upon being attached to the Premises, following a Casualty, the Landlord shall be responsible only for restoring the Premises to building standard levels of improvement, and the tenant shall be responsible for insuring and replacing the above building standard levels of improvement, and the tenant shall be responsible for insuring and replacing the above building standard tenant improvements or betterments that made the Premises “customized” for Tenant’s use. Customized improvements include, but not limited to: bullet proof glass, alarm censored doors, wood flooring, and custom cabinetry. Except as otherwise provided herein, if the entire Premises are rendered untenantable by reason of any such damage, all Fixed Minimum Rent and Additional Rent shall abate for the period from the date of the damage to the date the damage is repaired, and if only a part of the Premises are so rendered untenantable, the Fixed Minimum Rent and Additional Rent shall abate for the same period in the proportion that the area of the untenantable part bears to the total area of the Premises; provided, however, that if, prior to the date when all of the damage has been repaired, any part of the Premises so damaged are rendered tenantable and shall be used or occupied by or through Tenant, then the amount by which the Fixed Minimum Rent and Additional Rent abates shall be apportioned for the period from the date of such use or occupancy to the date when all the damage has been repaired. 303 of 620 6 49817532v4 (b) Repair to Leasehold Improvements. Landlord shall have no obligation to repair damage to or to replace any leasehold improvements, Tenant’s personal property or any other property located in the Premises, and Tenant shall within thirty (30) days after the Maple Avenue Garage is sufficiently repaired so as to permit the commencement of work by Tenant, commence to repair, reconstruct and restore or replace the Premises (including fixtures, furnishings and equipment) and prosecute the same diligently to completion. (c) Termination Right. Notwithstanding any provision contained herein to the contrary, Tenant shall have the option and right to terminate this Lease if, (a) the Premises shall be so damaged by Casualty that it cannot be fully repaired within one hundred eighty (180) days after the date of damage; (b) during the last eighteen (18) months of the Term of this Lease, the Maple Avenue Garage is damaged by a Casualty in amount exceeding thirty-three and one-third percent (33.33%) of the square footage of the Premises, provided that, in such event, such termination of this Lease shall be effected by written notice within ninety (90) days of the happening of the Casualty causing such damage. This provision shall expressly survive the termination or expiration of this Lease. 9. INSURANCE (a) Tenant shall keep in full force and effect during the Term special form coverage insurance covering Tenant’s leasehold improvements, trade fixtures, merchandise and other personal property from time to time in, on or upon the Premises for the full replacement value insuring against physical loss or damage generally included in the classification of “all risk” coverage. (i) Said insurance shall be written by a company or companies licensed to do business in the state in which the Premises is located and rated Class A XII or better in Bests Key Rating Guide of Property-Casualty Insurance Companies. (ii) Said insurance shall be in an amount of the full replacement value with a deductible in Tenant’s reasonable discretion, which deductible Tenant shall be paid at Tenant’s sole cost and expense. The insurance is to cover, in addition to any personal property at the Premises, the above building standard leasehold improvements and betterments incorporated into the premises, whether or not initially installed and/or paid for by the Tenant. The Tenant’s aggregate coverage amount must be an amount sufficient to cover both the tenant’s personal property at the Premises and the leasehold improvements. So long as the Lease is not terminated pursuant to Paragraph 9 for a casualty, the proceeds of tenant’s insurance policy with respect to the tenant improvements shall be used to restore and replace the same. (b) Tenant agrees to maintain a policy or policies of commercial general liability insurance written by an insurance carrier rated at least Class A or better in Bests Key Rating Guide of Property-Casualty Insurance Companies and licensed to do business in the state in which the Premises is located which shall insure against liability for injury to and/or death of and/or damage to personal property of any person or persons, with policy limits of not less than $2,000,000.00 combined single limit for injury to or death of any number of persons or for damage to property of others not arising out of any one occurrence. Said policy or policies shall provide, among other things, blanket contractual liability insurance. Tenant’s policy shall cover the Premises and the business operated by Tenant and shall name Landlord as an additional insured. Landlord is self- insured up to $1.25 Million and agrees to maintain an excess policy or policies of commercial general liability insurance over the self-insured limit written by an insurance carrier with a rating at 304 of 620 7 49817532v4 least Class A or better in the Bests Key Rating Guide and licensed to do business in the state in which the Premises is located which shall insure against liability for injury to and/or death of and/or damage to personal property of any person or persons, with policy limits of not less than $2,000,000.00 combined single limit for injury to or death of any number of persons or for damage to property of others not arising out of any one occurrence. Landlord’s policy shall name Tenant as an additional insured. Subject to the terms of Paragraph 9(a), Landlord shall maintain casualty insurance covering the entire Maple Avenue Garage and any alterations, improvements, additions or changes made by Landlord thereto in an amount not less than their full replacement cost from time to time during the Term, providing protection against any peril included within the classification of “all risks”. (c) Each of the parties hereto agrees to maintain and keep in force, during the Term hereof, all Workers' Compensation and Employers' Liability Insurance required under applicable Workers' Compensation Acts. (d) Within thirty (30) days after written request, each of the parties agrees to deliver to the other a certificate of insurance as evidence that the policies of insurance required by this Section 10 have been issued and are in effect. (e) Waiver of Subrogation. Neither Landlord nor Tenant shall be liable to the other or to any insurance company (by way of subrogation or otherwise) insuring the other party for any loss or damage to any building, structure or other tangible property, or any resulting loss of income for property or general liability losses, even though such loss or damage might have been occasioned by the acts or omissions of such party, its agents, contractors or employees. Landlord or Tenant shall look exclusively to the proceeds of insurance carried by it or for its benefit in the event of any damage or destruction to its property located on the Premises. Notwithstanding anything to the contrary contained herein, Landlord and Tenant hereby release and waive any and all rights of recovery, claim, action or cause of action, against the other, or its respective directors, shareholders, officers, agents, invitees and employees, for any loss or damage that may occur to the property or the equipment, fixtures and improvements comprising any part of the Premises, by reason of fire, the elements, or any other cause which could be insured against under the terms of an “all risk” fire insurance policy, in the state where the Premises is located, regardless of cause or origin, including negligence of the parties hereto, their agents, officers, invitees and employees. Subject to the provisions of the Lease, no insurer of a party hereunder shall ever hold or be entitled to any claim, demand or cause of action against Tenant by virtue of a claim of loss paid under any such insurance policies, whether such insurer’s claim be in the nature of subrogation or otherwise. The waivers provided pursuant to this paragraph shall not operate to the extent that they would void coverage under the provisions of any policy of insurance. 10. INDEMNIFICATION (a) Indemnification of Landlord. Except as otherwise provided in this Lease and subject to Section 10(e), and except to the extent caused by the negligence or willful misconduct of Landlord, or its agents, employees or contractors, or by the breach of this Lease by Landlord, Tenant shall protect, defend, indemnify and save Landlord and its officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from (i) any matter, condition or thing that occurs in the Premises, which is not the result of Landlord’s negligence or willful misconduct, (ii) any negligence 305 of 620 8 49817532v4 or willful misconduct of Tenant, or its agents, employees or contractors; or (iii) Landlord’s breach occasioned wholly or in part by any act, omission of Tenant, its agents, employees, contractors or servants. The provisions of this Section shall survive the expiration or earlier termination of this Lease only with respect to any damage, injury or death occurring before such expiration or earlier termination. (b) Indemnification of Tenant. Except as otherwise provided in this Lease and subject to Section 10(e), and except to the extent caused by the negligence or willful misconduct of Tenant, or its agents, employees or contractors, or by the breach of this Lease by Tenant, Landlord shall protect, defend, indemnify and save Tenant and its officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from any act, omission or negligence of Landlord, its agents, employees, contractors or servants; The provisions of this Section shall survive the expiration or earlier termination of this Lease only with respect to any damage, injury or death occurring before such expiration or earlier termination. 11. EXERCISE OF EMINENT DOMAIN (a) Taking. An appropriation or taking under the power of eminent domain of all, or a portion, of the Property, are sometimes hereinafter called a “taking.” (b) Total Taking of the Garage Property. If all of the Garage Property shall be taken this Lease shall terminate and expire as of the date of vesting of title in, or taking of actual physical possession of the Garage Property by, the condemnor, and Landlord and Tenant shall thereupon be released from any and all further liability hereunder except to the extent any such liability hereunder expressly states that it shall survive the termination of this Lease. In such event, Tenant shall be entitled to participate in any condemnation award so as to be compensated for the cost of relocation, removal and decrease in value, as a result of such taking of Tenant's fixtures, equipment and stock-in-trade located in the Premises, goodwill and any other items to which Tenant is entitled under applicable law, and, the value of the leasehold of which Tenant is being deprived for the remainder of the Term hereof so long as any such award made to Tenant shall not reduce any award which may be obtained by Landlord. Nothing in this Section shall be construed as a waiver by Landlord of any rights vested in it by law to recover damages from a condemnor for the taking of its right, title, or interest in the Garage Property. (c) Partial Taking. In the event of the taking of: (i) any portion of the Garage Property, so that the remainder thereof is not reasonably adapted to the continued leasing of the Premises by Tenant; or (ii) access, whether by a taking or otherwise, of the Garage Property or a portion thereof to adjoining thoroughfares, so that all accessibility is substantially or materially restricted and as a result the continued leasing of the Garage Property by Tenant will become impracticable or unprofitable in Tenant’s sole discretion; then Tenant shall have the right to cancel and terminate this Lease as hereinafter provided. Within ninety (90) days after receipt by Tenant from Landlord of written notice that a condemnation action has been commenced, Tenant may, by written notice to Landlord, 306 of 620 9 49817532v4 notify Landlord of its election to terminate this Lease, whereupon the parties shall be released from any and all further obligations under this Lease except to the extent any such obligation hereunder is expressly provided hereunder that the same shall survive the termination of this Lease and Tenant shall share any award or sale price as provided in Section 12(b) hereof. (d) Notice of Proceedings. Upon service on either party hereto of any legal process in connection with any condemnation proceedings, the party so served shall give immediate notice thereof to the other party hereto. (e) Temporary Taking. In the event of a taking of the Garage Property, or any portion thereof, for temporary use (specifically one not exceeding one hundred twenty (120) days in duration), without the taking of the fee simple title thereto, this Lease shall remain in full force and effect, except for Tenant’s payment of Fixed Minimum Rent which shall be proportionally abated for any period during which Tenant cannot operate its business from the Premises in the same manner as prior to such temporary taking. All awards, damages, compensation and proceeds payable by the condemnor by reason of such taking relating to the Premises, for periods prior to the expiration of the Lease shall be payable to Tenant. All such awards, damages, compensation and proceeds for periods after the expiration of the Lease shall be payable to Landlord. (f) Lease Prevails. In the event of any taking, the rights and obligations of the parties shall be determined by this Lease and Landlord and Tenant waive any rights at law to the contrary. 12. UTILITIES Tenant shall pay during the Term hereof directly to the appropriate utility company or governmental agency all electric, water, gas, telephone and other public utility charges in connection with its occupancy and use of the Premises, including all costs of operating and maintaining all equipment therein, all business licenses and similar permit fees but excluding any installation costs, tap fees and/or connection fees or charges, all of which shall be paid by Landlord. All utilities shall be paid pursuant to separate meters measuring Tenant’s consumption of utilities from the Premises, which meter fee shall be Landlord’s obligation at its sole cost and expense. Landlord shall not be liable to Tenant for damages or otherwise (i) if any utilities shall become unavailable from any public utility company, public authority or any other person or entity supplying or distributing such utility, or (ii) for any interruption in any utility service (including, but without limitation, any heating, ventilation or air conditioning) caused by the making of any necessary repairs or improvements or by any cause beyond Landlord's reasonable control, and the same shall not constitute a default, termination or an eviction. Notwithstanding the foregoing, in the event an interruption with such utility services shall continue for more than five (5) consecutive days, and if such interruption is not caused in part by Tenant, and if as a result of such interruption Tenant is unable to operate in the Premises and in fact does not operate in the Premises, then Fixed minimum Rent and all other rent and charges shall abate for the entire period of interruption. Tenant assures Landlord that it shall arrange for an adequate supply of electricity to the Premises and it shall pay for any increased voltage and any additional wiring required addressing the increased capacity. 13. COVENANTS AGAINST LIENS Tenant covenants and agrees that it shall not, during the Term hereof, suffer or permit any lien to be attached to or upon the Garage Property or the Premises by reason of any act or omission on the 307 of 620 10 49817532v4 part of Tenant or its agents, contractors or employees. In the event that any such lien does so attach, and (i) is not released within thirty (30) days after notice to Tenant thereof, or (ii) if Tenant has not bonded such lien within said thirty (30) day period, Landlord, in its sole discretion, may pay and discharge the same and relieve the Premises or the Garage Property therefrom, and Tenant agrees to repay and reimburse Landlord upon demand for the amount so paid by Landlord and for other reasonable costs incurred by Landlord in discharging and relieving said lien. The Tenant will hold the Landlord harmless from all claims, liens, claims of lien, demands, charges, encumbrances or litigation arising out of any work or activity of Tenant on the Premises. Tenant will, within sixty (60) days after filing of any lien, fully pay and satisfy the lien and reimburse Landlord for all resulting loss and expense, including a reasonable attorney’s fees. Provided, howev er, in the event that Tenant contests any lien so filed in good faith and pursues an active defense of said lien, Tenant shall not be in default of this paragraph. However, in the event of any final judgment against Tenant regarding such lien, Tenant agrees to pay such judgment and satisfy such lien within 60 days of the entry of any such judgment. 14. ASSIGNMENT AND SUBLETTING Tenant shall not have the right to assign this Lease, or to sublet the Premises, transfer and grant concessions or licenses (“Transfer”) in all or any part of the Premises without the Landlord’s written consent, which consent shall not be unreasonably withheld, conditioned or delayed. No Transfer shall relieve Tenant from any of its obligations as Tenant hereunder. Every such assignment or sublease shall recite that it is and shall be subject and subordinate to the provisions of this Lease, and the termination or cancellation of this Lease shall constitute a termination and cancellation of every such assignment or sublease. Notwithstanding the foregoing, Landlord agrees that no merger, consolidation, corporate reorganization, or sale or transfer of Tenant's assets or stock (specifically including any inter-family or inter-company transfers), redemption or issuance of additional stock of any class, or assignment or sublease to any person or entity which controls, is controlled by or is under common control with Tenant, shall be deemed a Transfer hereunder. 15. NOTICES Any notices required to be given hereunder, or which either party hereto may desire to give to the other, shall be in writing. Such notice may be given by reputable overnight delivery service (with proof of receipt available), personal delivery or mailing the same by United States mail, registered or certified, return receipt requested, postage prepaid, at the following addresses identified for Landlord and Tenant, or to such other address as the respective parties may from time to time designate by notice given in the manner provided in this Section. If to the Landlord: with a copy to: City Manager Corporation Counsel 2100 Ridge Avenue 2100 Ridge Avenue Evanston, IL 60201 Evanston, IL 60201 If to Tenant: Enterprise Leasing Company of Chicago, LLC 610 Academy Drive 308 of 620 11 49817532v4 Northbrook, IL 60062 For purposes of this Lease, a notice shall be deemed given upon the date of actual receipt thereof or the date of proof of rejection thereof if delivered by hand or overnight courier service. 16. RIGHT TO GO UPON PREMISES Landlord hereby reserves the right for itself or its duly authorized agents and representatives at all reasonable times during business hours of Tenant upon at least forty-eight (48) hours prior notice to Tenant and accompanied by a representative of Tenant (which may be the store manager or assistant manager) to enter upon the Premises for the purpose of inspecting the same and of showing the same to any prospective purchaser or encumbrance or tenant, and for the purpose of making any repairs which Landlord is required hereunder to make on the Garage Property, but any such repairs shall be made with all due dispatch during normal construction trade working hours, and in such manner as to minimize the inconvenience to Tenant in the conduct of its business, it being agreed that in the event of a necessity of emergency repairs to be made by Landlord, Landlord may enter upon the Premises forthwith to effect such repairs. Notwithstanding the foregoing, in the event that due to an entry by or on behalf of Landlord into the Premises, Tenant’s use is materially interfered with and Tenant, from the standpoint of prudent business management, cannot open and operate the Premises for business for two (2) consecutive days, all Fixed Minimum Rent and other charges payable by Tenant hereunder shall equitably abate commencing after such second (2nd) day, and continuing until such repairs are completed, unless such entry is required as a result of Tenant’s negligence or intentional misconduct. 17. DEFAULT (a) Tenant Default. (i) Events of Default. Including, but not limited to, the following events shall be deemed to be an “event of default” hereunder by Tenant subject to Tenant’s right to cure: a. Tenant shall fail to pay any item of Fixed Minimum Rent per Section 3 at the time and place when and where due and does not cure such failure within five (5) business days after receipt of notice from Landlord of such failure; b. Tenant shall fail to comply with any other term, provision, covenant or warranty made under this Lease or if any of Tenant’s representations and warranties made under this Lease are determined to be untrue, either when made or at any time during the Term, by Tenant, and Tenant shall not cure such failure within thirty (30) days after Landlord's written notice thereof to Tenant. In the event Tenant cannot comply with such term, provision, or warranty, within said thirty (30) day period, Tenant shall not be in default if Tenant is diligently and continuously making an effort to comply with such term, provision, covenant or warranty and Tenant completes the cure of the default; or c. Tenant shall make a general assignment the benefit of creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy. 309 of 620 12 49817532v4 (ii) Remedies. Upon the occurrence of an event of default, Landlord may, so long as such default continues, as permitted by law and subject to Landlord’s obligation to use good faith efforts to mitigate damages, either: a. terminate this Lease by written notice to Tenant, which written notice shall specify a date for such termination at least fifteen (15) days after the date of such written termination notice and such termination shall be effective as provided in such written notice unless Tenant shall cure such default within such notice period, or not terminate this Lease as a result of the default of Tenant. If Tenant shall fail to surrender the Premises upon such termination, Landlord may thereupon, reenter the Premises, or any part thereof, and expel or remove therefrom Tenant and any other persons occupying the same, using such means provided by law; b. without terminating this Lease, Landlord may evict Tenant (by any means provided by law) and let or relet the Premises or any or all parts thereof for the whole or any part of the remainder of the Term hereof, or for a period of time in excess of the remainder of the Term hereof, and out of any rent so collected or received, Landlord shall first pay to itself the expense of the cost of retaking and repossessing the Premises and the expense of removing all persons and property therefrom, and shall, second, pay to itself any costs or expenses sustained in securing any new tenant or tenants (provided that such amount shall not include any amounts incurred to restore the Premises to more than the condition originally delivered to Tenant), and shall third, pay to itself any balance remaining, and apply the whole thereof or so much thereof as may be required toward payment of the liability of Tenant to Landlord then or thereafter unpaid by Tenant; or c. pursue such other remedies as are available at law or in equity. (b) Landlord Default. Should Landlord default in the performance of any covenant, provision, warranty, condition or agreement herein, or if any of Landlord’s representations and warranties made under this Lease are determined to be untrue, either when made or at any time during the Term, and such default in the case of any failure by Landlord to pay any sum required to be paid to Tenant hereunder, continues for ten (10) business days after notice thereof from Tenant, or in case of any non-monetary default, continues for thirty (30) days after receipt by Landlord of written notice thereof from Tenant (except as otherwise provided herein), or if the default of Landlord is of a type which is not reasonably possible to cure within thirty (30) days, if Landlord has not commenced to cure said default within said thirty (30) day period and does not thereafter diligently prosecute the curing of said default to completion (except as otherwise provided herein), Tenant in addition to any and all other remedies which it may have at law and/or in equity including the right to seek injunctive relief without posting a bond or the obligation to prove irreparable harm, may pay or perform any obligations of Landlord hereunder and deduct the cost thereof from each installment of annual Fixed Minimum Rent payable pursuant to the terms of this Lease; provided, however, in no event shall the amount of any such deduction exceed ten percent (10%) of the Fixed Minimum Rent payable on a monthly basis; provided, further, Tenant shall not have the right to terminate this Lease except as expressly permitted herein. 18. SIGNS Tenant may keep its existing signage at the Premises. If Tenant seeks to replace the sign, Tenant 310 of 620 13 49817532v4 acknowledges that there are limitations from the City of Evanston Municipal Code of 2012, as amended, and the Code governs the application process and the details regarding size, type, and number of signs and Tenant agrees to be bound by such ordinances. Landlord cannot make representations in a lease agreement that Tenant shall be entitled additional signage, a certain number of signs and/or dimensions of proposed signage, because the Tenant must make an application to the Sign Review Board, as provided by Code, but Landlord will not withhold, condition or delay its consent to a sign over the new entrance to the Premises which complies with applicable laws. 19. REPRESENTATIONS AND WARRANTIES (a) Landlord represents, warrants and covenants to Tenant that, to Landlord’s knowledge, the following is true as of the Effective Date: (i) all of the Premises is zoned for commercial purposes, and the Permitted Use is permitted under the applicable zoning designation, and that the Premises and Garage Property are presently properly subdivided in conformity with all applicable laws; (ii) Landlord is the fee simple owner of the Premises; (iii) the Premises is subject to no restrictions or continuing regulations of any kind or nature whatsoever incompatible with the Permitted Use and that there are no restrictions in any agreement by which Landlord is bound (including, but not limited to, Landlord’s insurance policies) which would adversely affect Tenant’s right to use the Premises for the Permitted Use during the Term; (iv) the Premises are in good working order and condition, the roof is watertight and all utility systems are functional; (v) there are no exceptions to title with respect to and/or encumbrances on the Premises which would interfere with Tenants proposed use of the Premises; (vi) Landlord has no notice of any proposed Assessments other than as reflected on the current tax bill; (vii) Landlord has not used, discharged, dumped, spilled or stored any Hazardous Substances on or about the Premises, whether accidentally or intentionally, legally or illegally, and has received no notice of such occurrence and has no knowledge that any such condition exists at the Premises; (viii) Landlord has no knowledge of any condition that would preclude Tenant from obtaining all Tenant’s permits and licenses necessary for Tenant to open for business and operate for the Permitted Use; (ix) if Landlord is a corporation, limited liability company, partnership or trust, Landlord covenants that it is duly constituted under the laws of the state of its organization, and that its officer, member, manager, partner or trustee who is acting as its signatory in this Lease is duly authorized and empowered to act for and on behalf of the entity or trust; and 311 of 620 14 49817532v4 (x) there are no judicial, quasi-judicial, administrative or other orders, injunctions, moratoria or pending proceedings against Landlord or the Garage Property which preclude or interfere with, or would preclude or interfere with, the construction contemplated herein or the occupancy and use of the Premises by Tenant for the purposes herein contemplated. (xi) no third party has the right to object to Tenant’s tenancy hereunder, prohibit the selling of any products sold by Tenant or the uses allowed herein or the right to consent to any feature of the Premises or Tenant’s signage. (xii) there are no mortgages, prime leases, deeds to secure debt, deeds of trust, or other instruments in the nature thereof, affecting Landlord or its interest in the Premises. (b) All representations and warranties, covenants and indemnities contained in this Lease shall survive the expiration or earlier termination of this Lease. (c) Deliveries. Subject to governmental regulations, Tenant shall have the right to accept deliveries and unload merchandise in its designated loading area adjacent to the front of the Premises, during 9:00 a.m. to 6:00 p.m. seven (7) days a week. 20. HOLDING OVER; END OF TERM (a) If Tenant shall hold possession of the Premises after the expiration or termination of this Lease, at Landlord's option (i) Tenant shall be deemed to be occupying the Premises as a tenant from month- to-month at one hundred fifty percent (150%) of the Fixed Minimum Rent in effect upon the expiration or termination of the immediately preceding term or (ii) Landlord may exercise any other remedies it has under this Lease or at law or in equity including an action for wrongfully holding over. (b) Upon the expiration or sooner termination of this Lease, Tenant shall surrender the Premises to Landlord in as good order, condition and repair as when received by Tenant; ordinary wear and tear, casualty and condemnation excepted. This provision shall expressly survive the termination or expiration of this Lease. (c) Any property, equipment, or product remaining in the Premises upon expiration of this Lease shall be considered abandoned and property of the Landlord. 21. EXPENSES OF ENFORCEMENT The Parties shall bear its own costs, charges, expenses and attorney’s fees, and any other fees incurred in the event of a dispute between the Parties. Neither Party may seek recovery of expenses of enforcement of obligations under this Lease. 22. SUCCESSORS IN INTEREST Each and all of the covenants, agreements, obligations, conditions and provisions of this Lease shall inure to the benefit of and shall bind the successors and permitted assigns of the respective parties hereto. 312 of 620 15 49817532v4 23. REMEDIES ARE CUMULATIVE Remedies conferred by this Lease upon the respective parties are not intended to be exclusive, but are cumulative and in addition to remedies otherwise afforded by the law. 24. QUIET POSSESSION Upon payment by the Tenant of the minimum, percentage and additional rent and all other sums due hereunder and upon the observance and performance of all covenants, terms and conditions on Tenant’s part to be observed and performed, Tenant shall peaceably and quietly hold and enjoy the Premises for the Term of this Lease without hindrance or interruption by Landlord or any other person or persons lawfully or equitably claiming by, through or under the Landlord, subject nevertheless, to the terms and conditions of this Lease. 25. ALTERATION (a) Changes Required by Law. Any structural changes, alterations or additions in or to the Premises which may be necessary or required by reason of any law, rule, regulation or order promulgated by competent governmental authority shall be made at the sole cost and expense of Landlord, including but not limited to asbestos removal and disposal and interior and exterior compliance with the Americans with Disabilities Act (ADA) etc. Notwithstanding the foregoing, if any such changes, alterations or additions are required as a result of improvements made by Tenant during the Term hereof or due to Tenant’s use of the Premises, such changes, alterations or additions shall be made at the sole cost and expense of Tenant. Tenant may contest the validity of any such law, rule, regulation or order, but shall indemnify and save Landlord harmless against the consequences of continued violation thereof by Tenant pending such contest. (b) Alterations During Term. Tenant shall be permitted to perform interior, nonstructural alterations to the Premises and to revise the interior layout of the Premises. Tenant shall obtain Landlord's written consent to any other alterations or construction which affects the structural nature of the Premises, which consent shall not be unreasonably withheld, conditioned or delayed. 26. HAZARDOUS SUBSTANCES (a) Tenant agrees that, except as herein set forth, it shall not generate, use, store, handle or dispose of on or transport over the Premises any Hazardous Substances (defined below) in violation of any Environmental Laws (defined below), except as such incidental amounts of Hazardous Substances as may be required for Tenant to conduct the Permitted Use. (b) If, at any time during the Term, Hazardous Substances are found in the Premises or at the Premises, then, in such event: (i) with regard to any Hazardous Substances existing on the Garage Property prior to the Commencement Date or that Landlord shall have caused, Landlord shall remove same, in compliance with applicable Environmental Laws, at Landlord’s sole cost and expense. Landlord shall defend, indemnify, and hold Tenant harmless from and against any and all costs, damages, expenses and/or liabilities (including reasonable attorneys’ fees) which Tenant may suffer as a result of any claim, suit or action regarding any such Hazardous Substances (whether alleged or real) 313 of 620 16 49817532v4 and/or regarding the removal and clean-up of same or resulting from the presence of such Hazardous Substances. The representation, warranty and indemnity of Landlord described in this subsection shall survive the termination or expiration of this Lease. (ii) with regard to any Hazardous Substances caused by Tenant or its agents, contractors or employees, Tenant shall remove same, in compliance with applicable Environmental Laws, at Tenant’s sole cost and expense. Tenant shall defend, indemnify, and hold Landlord harmless from and against any and all costs, damages, expenses and/or liabilities (including reasonable attorneys’ fees) which Landlord may suffer as a result of any claim, suit or action regarding any such Hazardous Substances (whether alleged or real) present due to Tenant and/or regarding the removal and clean-up of same or resulting from the presence of such Hazardous Substances. The representation, warranty and indemnity of Tenant described in this subsection shall survive the termination or expiration of this Lease. (c) In the event that during the Term of this Lease, Tenant is prevented from performing Tenant’s Work and/or Tenant shall be unable to operate for a period of thirty (30) days or more for the Permitted Use at the Premises and ceases operating at the Premises as a result of the existence or remediation of Hazardous Substances located at the Premises which were not caused by Tenant or its agents, contractors or employees, then Fixed Minimum Rent, Additional Rent and all other charges due hereunder shall equitably abate, in accordance with the portion of the Premises used by Tenant, until such time as Tenant is able to resume the performance of Tenant’s Work and/or the operation of its business in the Premises. If Fixed Minimum Rent and other charges shall be so abated for a period of three hundred sixty-five (365) days, Tenant shall have the right to terminate this Lease upon thirty (30) days prior written notice to Landlord. (d) The term “Hazardous Substance” includes, without limitation, any material or substance which is (i) defined or listed as a “hazardous waste”, “extremely hazardous waste”, “restrictive hazardous waste” or “hazardous substance” or considered a waste, condition of pollution or nuisance under any Environmental Law (as defined below); (ii) petroleum or a petroleum product or fraction thereof; (iii) asbestos and any asbestos containing materials; and/or (iv) substances known to cause cancer and/or reproductive toxicity. The term “Environmental Law” shall mean any federal, state or local law, statute, ordinance, rule, regulation, order, consent, decree, judgment or common-law doctrine, interpretation thereof, and provisions and conditions of permits, licenses, plans, approvals and other operating authorizations whether currently in force or hereafter enacted relating to health, industrial hygiene or the environmental conditions on, under or about the Premises or the Garage Property, as such laws are amended and the regulations and administrative codes applicable thereto. It is the intent of the parties hereto to construe the terms “Hazardous Substance” and “Environmental Law” in their broadest sense. 27. GENERAL CONDITIONS (a) Time is of the essence of this Lease. Any deadlines in this Lease which cannot be met because of delays caused by governmental regulations, inability to procure labor or materials, strikes, acts of God, or other causes (other than financial), beyond the control of Landlord or Tenant (“Force Majeure”) shall be extended by the amount of time caused by such delays; provided, however, the payment of rent shall not be excused. Notwithstanding anything herein to the contrary, the failure by Landlord to construct the Premises according to building code and/o r to receive timely inspections by the necessary authorities due solely to the negligence, misconduct 314 of 620 17 49817532v4 or financial inability of Landlord or Landlord's contractors, employees or representatives shall not constitute Force Majeure. In order for Landlord to claim the occurrence of Force Majeure, Landlord must have notified Tenant in writing of such occurrence within twenty (20) business days after the initial occurrence. (b) No waiver of any breach of the covenants, agreements, obligations and conditions of this Lease to be kept or performed by either party hereto shall be construed to be a waiver of any succeeding breach of the same or any other covenant, agreement, obligation, condition or provision hereof. (c) Tenant shall not be responsible for the payment of any commissions in relation to the leasing transaction represented by this Lease. Landlord and Tenant each covenant that they have not dealt with any real estate broker or finder with respect to this Lease (herein collectively “Brokers”). Each party shall hold the other party harmless from all damages, claims, liabilities or expenses, including reasonable and actual attorneys' fees (through all levels of proceedings), resulting from any claims that may be asserted against the other party by any real estate broker or finder with whom the indemnifying party either has or is purported to have dealt, except for the Brokers. (d) The use herein of any gender or number shall not be deemed to make inapplicable the provision should the gender or number be inappropriate to the party referenced. All section headings, titles or captions contained in this Lease are for convenience only and shall not be deemed part of this Lease and shall not in any way limit or amplify the terms and provisions of this Lease. (e) Landlord and Tenant have negotiated this Lease, have had the opportunity to be advised respecting the provisions contained herein and have had the right to approve each and every provision hereof; therefore, this Lease shall not be construed against either Landlord or Tenant as a result of the preparation of this Lease by or on behalf of either party. (f) If any clause, sentence or other portion of this Lease shall become invalid or unenforceable, the remaining portions thereof shall remain in full force and effect. (g) Wherever in this Lease Landlord or Tenant is required to give consent, such consent shall not be unreasonably withheld, conditioned or delayed except to the extent otherwise expressly provided herein. (h) If the time for performance of any obligation or taking any action under this Lease expires on a Saturday, Sunday or legal holiday, the time for such performance or taking such action shall be extended to the next succeeding day which is not a Saturday, Sunday or legal holiday. If the day on which rent or any other payment due hereunder is payable falls on a Saturday, Sunday or on a legal holiday, it shall be payable on the next succeeding day which is not a Saturday, Sunday or legal holiday. (i) Landlord hereby agrees that it shall maintain all confidentiality with regard to entering into this Lease, the opening for business by Tenant in the Premises and any financial information contained hereunder or obtained from Tenant during the Term of this Lease, other than disclosures to necessary third parties and Landlord shall not release any material whatsoever to the press or any news media without the prior written approval of Tenant, which approval may be withheld in Tenant’s sole discretion. 315 of 620 18 49817532v4 (j) Each covenant hereunder of Landlord, whether affirmative or negative in nature, is intended to and shall bind the Landlord and each successive owner of the Premises and their respective heirs, successors and assigns. (k) There shall be no personal liability on Landlord, its elected officials, officers, employees, agents, or any successor in interest with respect to any provisions of this Lease, or amendments, modifications or renewals hereof. Tenant shall look solely to the then owner's interest in the Premises (including but not limited to any insurance proceeds, rents, or judgments) for the satisfaction of any remedies of Tenant in the event of a breach by Landlord of any of its obligations hereunder. (l) Landlord hereunder shall have the right to assign, sell or transfer Landlord’s interest in this Lease or the Premises with consent of Tenant, which shall not be unreasonably withheld. In the event of any such transfer, the transferor shall be automatically relieved of any and all obligations on the part of Landlord accruing from and after the date of such transfer. (m) The parties agree the this Lease shall be governed by and interpreted in accordance with the laws of the State of Illinois and that venue for any disputes shall be in the Circuit Court of Cook County, Illinois. (n) This Lease shall become effective on the day that this Lease shall be executed by the last of the parties hereto to execute this Lease (herein “Effective Date”). (o) There are no oral agreements between the parties hereto affecting this Lease, and this Lease supersedes and cancels any and all previous negotiations, arrangements, letters of intent, lease proposals, brochures, agreements, representations, promises, warranties and understandings between the parties hereto or displayed by Landlord to Tenant with respect to the subject matter thereof, and none thereof shall be used to interpret or construe this Lease. This Lease cannot be changed or terminated except by a written instrument subsequently executed by the parties hereto. 28. SUBORDINATION This Lease and all rights of Tenant hereunder are and shall be subject and subordinate to the lien of any mortgage, prime lease, deed to secure debt, deed of trust, or other instrument in the nature thereof, which may now or hereafter affect Landlord or its interest in the Premises; provided, however, that the foregoing subordination shall with respect to any future debt, mortgage, prime lease, deed of trust or other instrument only, be conditioned upon the holder of such mortgage, deed to secure debt, deed of trust, or other instrument in the nature thereof providing Tenant with a non-disturbance agreement to Tenant on such lender’s or prime landlord’s standard form. If the holder of any mortgage, deed to secure debt, deed of trust or other instrument in the nature thereof shall hereafter succeed to the rights of Landlord under this Lease, whether through possession or foreclosure action, termination of a prime lease or delivery of a new lease, then Tenant shall attorn to and recognize such successor as landlord under this Lease and such successor shall not disturb Tenant of its possession of the Premises as long as Tenant is not in default under the Lease and this Lease shall continue in full force and effect as a direct lease between such successor landlord and Tenant, subject to all of the terms, covenants and conditions of this Lease. Tenant and Landlord’s successor shall promptly execute and deliver any reasonable instrument that may be necessary to evidence such subordination, nondisturbance and attornment. 316 of 620 19 49817532v4 IN WITNESS WHEREOF, the respective parties hereto have executed this Lease by officers or agents thereunto duly authorized and the effective date is the date executed by the City. Landlord: CITY OF EVANSTON, An Illinois municipal corporation By: _________________________________ Name: Wally Bobkiewicz Title: City Manager Dated: ____________________, 2016 Tenant: ENTERPRISE LEASING COMPANY OF CHICAGO, LLC By: _________________________________ Name: Jeffrey D. Wilder Title: Vice President/General Manager 317 of 620 20 49817532v4 EXHIBIT A LEGAL DESCRIPTION PART OF LOT 4 OF THE CHURCH MAPLE RESUBDIVISION BEING A RESUBDIVISION OF PART OF DEMPSTER’S SUBDIVISION OF BLOCK 66 OF THE VILLAGE OF EVANSTON, COOK COUNTY, ILLINOIS, PART OF THE CHICAGO AND NORTHWESTERN RAILROAD RIGHT OF WAY (FORMERLY CHICAGO, MILWAUKEE AND ST. PAUL RIGHT OF WAY); PART OF BLOCK 18 IN THE VILLAGE OF EVANSTON; ALL OF BLOCKS 2 AND 3 IN THE CIRCUIT COURT SUBDIVISION IN PARTITION OF LOT 22 IN THE COUNTY CLERK’S DIVISION OF UNSUBDIVIDED LANDS; AND PART OF VACATED CLARK STREET AND EAST RAILROAD AVENUE; BEING IN THE NORTHWEST QUARTER AND THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS. 318 of 620 For City Council meeting of July 25, 2016 Item A10 Ordinance 33-O-16, Building Energy and Water Use Benchmarking For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Kumar Jensen, Environmental Project Coordinator; David D. Stoneback, Public Works Agency Director Subject: Ordinance 33-O-16, Amending City Code Title 4 to add Chapter 22 – Building Energy and Water Use Benchmarking Ordinance Date: July 25, 2016 Recommended Action: City staff along with the Utilities Commission recommends that City Council move to adopt Ordinance 33-O-16 Building Energy and Water Use Benchmarking. Summary: Evanston has a longstanding history of climate action as demonstrated by the combined efforts of the 2008 Evanston Climate Action Plan (ECAP) and the 2014 Evanston Livability Plan. Since 2008 Evanston has seen a reduction of about 18% in community- wide greenhouse gas emissions largely attributable to securing 100% green power through the Community Choice Aggregation contracts. Any meaningful future reductions in emissions will need to be driven by improvements in building efficiency and reductions in overall building sector energy use which accounts for roughly two-thirds of community-wide emissions. Benchmarking is the process of tracking the energy & water consumed, over time, of an existing building and comparing the results to similar buildings or an applicable standard. Benchmarking is a beneficial and fiscally prudent practice for property owners interested in controlling costs, increasing building efficiency and reducing greenhouse gas emissions. Buildings covered by the ordinance will be required to utilize Portfolio Manager, a free online tool administered by the U.S. EPA’s ENERGY STAR program. In an analysis of 35,000 buildings utilizing U.S. EPA’s ENERGY STAR Portfolio Manager the EPA found that from 2008-2011buildings that used the free software to benchmark achieved an average energy savings of 7%1. These energy savings resulted in reductions in greenhouse gas emissions as well as decreased operating expenses for the average building. 1 EPA Analysis Shows Big Benchmarking Savings http://www.imt.org/news/the-current/epa-analysis-shows- big-benchmarking-savings Memorandum 319 of 620 Attachment 1 is Ordinance 33-O-16 Building Energy and Water Use Benchmarking Ordinance. At the March 16, 2015 City Council meeting the City Council directed the Utilities Commission to move forward with the development of a draft building benchmarking ordinance through an inclusive stakeholder engagement process. Following this process the Utilities Commission worked with City staff to develop the ordinance. Attachment 2 provides an overview of the individuals and organizations that participated in the process. Once a draft ordinance was created staff opened a period of public comment on the draft ordinance, details of the submitted comments can be found in Attachment 3. As of November, 2015, 19 states and municipalities had some version of a benchmarking requirement for public and private buildings 2. There are numerous great examples of successful ordinances around the country including a similar ordinance developed by the City of Chicago and adopted in late 2013. Based on feedback received during the stakeholder engagement process the proposed ordinance is based on best practices from the City of Chicago in order to simplify the reporting process for property owners with properties in both municipalities3. Ordinance Overview Ordinance 33-O-16 will require buildings in Evanston with 20,000 square feet and greater, as defined by the ordinance, to comply the requirements of the ordinance. In addition, City-owned facilities 10,000 square feet and greater will be required to comply. Table 1 illustrates staff estimates of the number and sizes of buildings expected to comply. Table 1. First Reporting Deadline Building Size (sq. ft.) Building Type Number of Buildings Estimated Total Sq. Ft. June 30, 2017 100,000+ Type 1 89 24,632,075 June 30, 2018 99,999 - 50,000 Type 2 165 11,939,767 June 30, 2019 49,999 - 20,000 Type 3 417 14,201,636 June 30, 2017 10,000+ City Buildings 15 2,064,334 Totals 686 52,837,812 It is estimated that of the roughly 700 buildings covered by the ordinance over 120 have already integrated benchmarking into their operations, about one fifth of all covered buildings. 2 Institute for Market Transformation Map of U.S. Building Benchmarking and Transparency Policies http://www.imt.org/uploads/resources/files/IMT_USbenchmarking_11012015.jpg 3 City of Chicago Benchmarking Ordinance Program - http://www.cityofchicago.org/city/en/progs/env/building- energy-benchmarking---transparency.html 320 of 620 Ordinance 33-O-16 has three major components: tracking, verifying, and publically disclosing building energy and water use. Attachment 4 provides a section by section breakdown of the different components of the ordinance and an explanation of technical terms used in the ordinance. Attachments: Attachment 1 – Ordinance 33-O-16 Building Energy and Water Use Benchmarking Ordinance Attachment 2 – Summary of Stakeholder Engagement Process Attachment 3 – Period of Public Comment Overview Attachment 4 – Explanation of Technical Components of Ordinance Attachment 5 – Letters of Support 321 of 620 5/13/2016 7/14/2016 33-O-16 AN ORDINANCE Amending Title 4 of the Evanston City Code Codifying a Building Energy and Water Use Benchmarking Ordinance BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Title 4 of the Evanston City Code of 2012, is hereby amended to add Chapter 22 and read as follows: CHAPTER 22 – BUILDING ENERGY AND WATER USE BENCHMARKING ORDINANCE 4-22-1: SHORT TITLE. This Chapter is titled and may be cited as the “Building Energy and Water Use Benchmarking Ordinance.” 4-22-2: PURPOSE. The purpose of this Chapter is to promote the public health, safety and welfare by requiring certain buildings within the City of Evanston to track and disclose building energy and water consumption in order to promote energy conservation, reduce greenhouse gas emissions, and improve overall environmental quality. 4-22-3: DEFINITIONS. For purposes of this Chapter the following definitions apply: BENCHMARK. To track and input a building's energy and water consumption data and other relevant building information in any given calendar year as required by the benchmarking tool, to quantify the building's total energy and water use. BENCHMARKING TOOL. The website-based software, commonly known as "ENERGY STAR Portfolio Manager," developed and maintained by the United States Environmental Protection Agency. This term also applies to any successor system thereto, including any change or addition made to such 322 of 620 33-O-16 tool by the United States Environmental Protection Agency. CERTIFICATE OF OCCUPANCY. The certificate issued by the Community Development Department allowing building occupancy or use, as required under the International Building Code adopted in City Code Section 4-2-1. CERTIFIED PROFESSIONAL. A professional engineer or a registered architect licensed in the State of Illinois, or another trained individual acceptable to the City Manager or his/her designee. CITY BUILDING. Any municipally owned building or group of buildings that have the same property identification or index number (PIN), containing 10,000 or more gross square feet, as identified by the City Manager or his/her designee. COVERED BUILDING. Any Type 1, Type 2, or Type 3 Covered Building as defined by this Chapter. The term "covered building" does not include any building whose primary occupancy use is classified as Assembly Group A-5 uses, Factory Group F uses, Storage Group S uses, High Hazard Group H uses, or Utility and Miscellaneous Group U uses, as defined by Chapter 3 “Use and Occupancy Classification” of the International Building Code adopted pursuant to City Code Section 4-2-1. ENERGY PERFORMANCE SCORE. The 1 to 100 numerical score produced by the benchmarking tool, also known as “ENERGY STAR score”, or any successor score thereto. The energy performance score assesses a building's energy performance relative to similar buildings, based on total energy use, operating characteristics, and geographical location. ENERGY USE INTENSITY (“EUI”). The total annual energy consumed by a building per gross square foot. GROSS SQUARE FEET. "Gross Square Feet" as defined in the United States Environmental Protection Agency’s ENERGY STAR Portfolio Manager, as amended. OWNER. "Owner" has the meaning ascribed to the term in City Code Section 6-18-3. REPORTED BENCHMARKING INFORMATION. Descriptive information about a building, its operating characteristics, and information generated by the benchmarking tool related to the building’s energy consumption and efficiency. Reported benchmarking 323 of 620 33-O-16 information includes, but is not limited to, the building identification number, address, gross square feet, energy performance score (if available), energy use intensity, water use and annual greenhouse gas emissions. TYPE 1 COVERED BUILDING. Any building or group of buildings that have the same property identification or index number (PIN), containing 100,000 or more gross square feet, as identified by the City Manager or his/her designee. TYPE 2 COVERED BUILDING. Any building or group of buildings that have the same property identification or index number (PIN), containing 50,000 or more gross square feet but less than 100,000 gross square feet, as identified by the City Manager or his/her designee. TYPE 3 COVERED BUILDING. Any building or group of buildings that have the same property identification or index number (PIN), containing 20,000 or more gross square feet but less than 50,000 gross square feet, as identified by the City Manager or his/her designee. 4-22-4: BUILDING PERFORMANCE DISCLOSURE. (A) In accordance with the schedule under City Code Section 4-22-5, the owner of any covered building must submit reported benchmarking information for the previous calendar year, using the benchmarking tool, as required by the City Manager or his/her designee. (B) The City Manager or his/her designee must prepare and submit an annual report to the Mayor and the City Council for review and evaluation of the energy and water efficiency in covered buildings, including, but not limited to, summary statistics on the most recent reported energy and water benchmarking information. (C) The City Manager or his/her designee is authorized to make reported benchmarking information readily available to the public, except to the extent allowable under applicable law, the City Manager or his/her designee will not make readily available to the public any individually-attributable reported benchmarking information from the first calendar year that a covered building is required to benchmark. 4-22-5: BENCHMARKING REQUIREMENTS. (A) The owner of any covered building must retain all information for the previous 324 of 620 33-O-16 calendar year and input any and all descriptive information required by the benchmarking tool into the benchmarking tool for the previous calendar year. The owner must input this information according to the following schedule: 1. City Buildings and Type 1 Covered Buildings must provide data for the 2016 calendar year by June 30, 2017 and for every year thereafter by every subsequent June 30; 2. Type 2 Covered Buildings must provide data for the 2017 calendar year by June 30, 2018 and for every year thereafter by every subsequent June 30; and 3. Type 3 Covered Buildings must provide data for the 2018 calendar year by June 30, 2019 and for every year thereafter by every subsequent June 30. (B) Exception. The City Manager or his/her designee may exempt from the benchmarking requirement the owner of a covered building that submits documentation establishing any of the following: 1. The building is presently experiencing qualifying financial distress, as defined by any of the following: (1) the building is the subject of a qualified tax lien sale or public auction due to property tax arrearages, (2) the building is controlled by a court appointed receiver, or (3) the building has been acquired by a deed in lieu of foreclosure; or 2. The building had average physical occupancy of less than fifty percent (50%) throughout the calendar year for which benchmarking is required; or 3. The building is a new construction and the building's certificate of occupancy was issued during the calendar year for which benchmarking is required. (C) Retention of Records. Each owner is responsible for retaining the previous three (3) years’ worth of benchmarking data, where applicable. 4-22-6: BUILDING DATA VERIFICATION. (A) Data Verification. Prior to the first benchmarking deadline in City Code Section 4-22-5 and prior to each third benchmarking deadline thereafter, the owner of a covered building must ensure that reported benchmarking information for that year is verified by a certified professional. Such verification must be in a form of a signed statement by a certified professional attesting to the accuracy of the information. The owner of a covered building must produce such statement for the most recent year in which verification of reported benchmarking information 325 of 620 33-O-16 was required upon a written request by the City Manager or his/her designee. (B) Exception. The City Manager or his/her designee may exempt from the verification requirement the owner of a covered building that submits documentation establishing that compliance with this Section will cause undue financial hardship. 4-22-7: SOLICITATION OF COMPLIANCE INFORMATION. Within thirty (30) calendar days of a request by the building owner, each tenant of a unit in a covered building must provide all information that cannot otherwise be acquired by the building owner and that is necessary for the building owner to comply with the requirements of this Chapter. Any owner of a covered building must request such information no later than March 1 of the years in which benchmarking is required by City Code Section 4-22-5. If the owner of a covered building receives notice that a tenant intends to vacate a unit which is subject to the requirements of this Section, the owner must request the information specified in this Section within ten (10) calendar days of such notice, and the tenant must provide such information within thirty (30) calendar days of the request. The failure of any tenant to provide the information required under this Section to the owner of a covered building does not relieve such owner of the obligation to benchmark the building as provided in City Code Section 4-22-5, using all information otherwise available to the owner. Failure of any tenant to provide the information required under this Section to the owner of a covered building creates a rebuttable presumption that the owner, tenant, or both have not complied with the time limits specified in this Section. If a tenant of a unit in a covered building fails to provide information to the owner of the building as provided in this Section, the owner is deemed to be in compliance with City Code Section 4-22-5 with respect to the building if: (1) the owner proves that the owner has requested the tenant to provide such information as specified in this Section; and (2) the owner has benchmarked the building as provided in City Code Section 4-22-5, using all information otherwise available to the owner. 4-22-8: ENFORCEMENT. The City Manager or his/her designee is authorized to enforce this Chapter. The City Manager or his/her designee is also authorized to adopt rules and regulations for the proper administration and enforcement of this Chapter. 4-22-9: NOTICE OF VIOLATION. 326 of 620 33-O-16 Whenever the City Manager or his/her designee determines that an owner fails to meet any requirement of this Chapter, he/she must give written notice to the owner. Such notice must include, but not limited to, stating that the owner failed to comply with the requirements of this Chapter and that the owner has twenty (20) calendar days to comply with the applicable requirement. The notice must be in writing and may be served in person or sent by certified mail, return receipt requested. The notice must provide any recipient an opportunity to file a written request for a hearing with the City Manager or his/her designee by the owner within twenty (20) calendar days. Failure to respond to the notice or failure to comply with the applicable requirements requested therein constitutes a violation of this Chapter by the owner. 4-22-10: HEARINGS. If a written request is filed within twenty (20) calendar days, an opportunity for a hearing with the City Manager or his/her designee must be afforded within ten (10) calendar days of receipt of the request. The hearing will be conducted by the City Manager or his/her designee affording the owner an opportunity to appear and show cause as to how they have complied with the provisions of this Chapter. The City Manager or his/her designee will make a final decision in writing, including the reasons for such decision, and will serve said decision on the owner subject to the provisions of this Chapter within ten (10) calendar days after the conclusion of the hearing. 4-22-11: PENALTY. Any person who violates any provision of this Chapter will be fined fifty dollars ($50.00) for each such offense. Every day a violation continues will be deemed a separate offense. 4-22-12: SEVERABILITY. If any provision of this Chapter or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity must not affect other provisions or applications of this Chapter that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Chapter is severable. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this Ordinance 33-O-16 or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity does 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 327 of 620 33-O-16 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 will be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This Ordinance 33-O-16 is in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 328 of 620 Attachment 2 Summary of Public Engagement to Develop Ordinance Draft And Public Comment Since, March, 2015 the Utilities Commission has developed an inclusive strategy to engage stakeholders in developing a draft ordinance. The Utilities Commission developed a core group of 19 stakeholders who met 6 times over the course of 12 months to develop a draft ordinance. The group also then hosted additional public meetings to update the wider community on the progress of the ordinance development and to solicit additional feedback. The final of these sessions was completed by City staff on Friday, July 15 th. Below staff have provided a comprehensive account of the opportunities for public engagement in the ordinance drafting process. Table 1. Public Engagement Opportunities and Communications Date Event 3/15/2015 Utilities Commission Presentation to A&PW 5/5/2015 Ordinance Drafting Kick-off Press Release 6/9/2015 Working Group Kick-off Meeting 7/14/2015 Working Group Meeting 8/18/2015 Working Group Meeting 10/6/2015 Working Group Meeting 10/19/2015 Stakeholder Meeting Press Release 10/20/2015 Meeting with Downtown Evanston Property Reps 10/20/2015 Staff Outreach to Potentially Affected Buildings 10/22/2015 Stakeholder Meeting 12/8/2015 Working Group Meeting 1/26/2016 Working Group Meeting 3/8/2016 Working Group Meeting 3/24/2016 Stakeholder Meeting 4/14/2016 Ordinance Presentation to Environment Board 6/20/2016 Staff Update to City Council 6/21/2016 Opening of Period of Public Comment Press Release 6/28/2016 Public Comment Open Session 7/6/2016 Public Comment Open Session 7/7/2016 Public Comment Open Session 329 of 620 Table 2 includes the list of individuals who consistently participated in the Working Group meetings from July, 2015 through March, 2016. Table 2. Working Group Participants Name Organization John D'Angelo Northwestern University* Rob Whittier Formerly Northwestern University* Ty Stetzenmeyer Formerly Parliament Enterprises Paige Humecki AMLI Residential Nicole Tague AMLI Residential Mark Lowry Rotary International* Alicia White Goby LLC Howard Handler North Shore - Barrington Assoc. of REALTORS | Illinois REALTORS Lynette Stuhlmacher Red Leaf Studios Steve Kismohr Architect and Sustainability Consultant Brian Imus U.S. Green Building Council (USGBC) Rand Ekman HKS Architects Kathryn Eggers Formerly of Elevate Energy Alan Lopez U.S. Green Building Council (USGBC) Lee Kulman District 65* Joel Freeman Grumman, Butkus & Associates Jonathan Nieuwsma Citizens' Greener Evanston Dick Lanyon Utilities Commission *_Next to an organization name denotes organizations that are already benchmarking their facilities. Table 3 represents those individuals and organizations that City staff had direct contact with via email, phone conversations, site visits or attended one or more of the Stakeholder meetings listed in Table 1. Table 3. List of Stakeholders Engaged Count Name Organization 1 Patrick Kilroy The Home Depot 2 Erin Eidson Sam's Club 3 Keith Gottschalk Target* 4 Kate Titus Marshalls 5 Natalie Mouw Food 4 Less 6 Brian Kropfl Jewel Osco 330 of 620 7 Office Depot Office Depot 8 Ghandi Deval (store manager) Best Buy 9 Catherine Shiffrin Whole Foods* 10 Steve Capua PetSmart 11 Trisha Nungaray Trader Joe's 12 Todd Schuldt OfficeMax 13 Lexee Ford Optima 14 Pam Optima 15 Alex Evans BJB Evanston 16 Jim Nash Farnsworth-Hill 17 David Herrera Farnsworth-Hill 18 Mark Epton Prescence St. Francis* 19 Joe Stark Prescence St. Francis* 20 Anthony Lucas Retirement Community 21 Jim Gerkin Retirement Community 22 Noah Seidenberg Coldwell Banker Realtor 23 Mike McGuigan Hotel Orrington 24 Michael Fiore NorthShore University Health System* 25 John Franke NorthShore University Health System* 26 Sue Carlson Greener Evanston Task Force and Interreligious Sustainability Circle 27 Todd Schwier Environment Board 28 Dave Grumman Utilities Commission 29 Rich Shure Utilities Commission 30 Mark White Utilities Commission 31 Michael Smith Utilities Commission 32 David Everhart Utilities Commission 33 Joel Freeman Utilities Commission/GBA 34 Eric Rosenberg Utilities Commission 35 Scott Daniels Rotary International 36 Nate Kipnis Citizens' Greener Evanston 37 Joe Stark Presence St. Francis 38 David Eldridge Grumman, Butkus & Associates 39 Annie Coakley Downtown Evanston 40 Elaine Kemna-Irish Evanston Chamber of Commerce 41 Ashley Optima Horizon 42 Francis Corrigan Optima Views 43 Chris Rackham 909 Davis Street 44 Sam Sorenson Best Western 45 Ronda Zielinski 1620 Sherman Ave. 46 Dorothy SanDiego Hanh Building 331 of 620 47 Lori Stein MC CAFFERY INTERESTS 48 Beth Labough 1630 Chicago Ave. 49 Kevin Pearson 900 Chicago Ave. 50 Breisa Grandolfo Whole Foods* 51 Dan Schermerhorn Schermerhorn & Co. Real Estate Management Evanston 52 Alex Evans BJB Evanston 53 Jim Gerkin Presbyterian Homes 54 Anthony Lucas Three Crowns Park 55 Phil Hammer Three Crowns Park 56 Patricia Eaves-Heard Nicor Gas 57 Tom Kallay Nicor Gas 58 Karen Gustafson Nicor Gas 59 Vida Hotchkiss Nicor Gas 60 Kevin Bricknell ComEd 61 Edward Krembuszewski ComEd 62 MF Ruiz Optima Towers 63 Iacopo Luzi Evanston Resident 64 Hal Sprague Evanston Resident 65 Caroline Keicher Institute for Market Transformation 66 Amy Jewel Institute for Market Transformation 67 Jamie Ponce C40 Cities 68 Alison Lindburg Midwest Energy Efficiency Alliance (MEEA) 69 Lindy Wordlaw Elevate Energy 70 Antonia Ornelas Elevate Energy 71 Jerri Garl Environment Board 72 Noreen Edwards Environment Board 73 Kristin Lems Environment Board 74 Scott Osborne Environment Board 75 Linda Young Environment Board 76 Hugh Bartling Environment Board *_Next to an organization name denotes organizations that are already benchmarking their facilities. 332 of 620 Attachment 3 Period of Public Comment Overview Below are comments compiled throughout the duration of the period of public comment which lasted from June 21, 2016 through July 15, 2016. Comment was collected from 10 individuals and organizations. Comments below are only for those individuals and organizations that chose to submit their comment in writing through the Public Comment Form. Additional comment was provided by organizations and individuals in person and over the phone. Attendees to Public Comment Open Sessions: David Reynolds – The Homestead Jim Corirossi – Church Street Station Comment #1 Breisa Grandolfo – Whole Foods Market While we endorse Benchmarking practices -- there should be a different qualification/category for grocery retail that should employ and work within the constraints of funded commissioning (Grocery RCx) - which exists with COM ED as a prescriptive rebate program. Providing energy bench marking without set point verification and floating head strategies is simply an annual submission process that will do nothing to truly offset usage. If the city is seriously going to help retail businesses (grocery specific) reduce consumption, we should partner effectively with the utilities to help offset the cost of benchmarking and partner more effectively on rebates that would support retrofits in lighting/equipment replacement. Comment #2 Tom Just – Now Residential, Inc. I am against ordinance 33-O-16. This is an unnecessary intrusion on the private business practices of property owners. There is no cited requirement for energy consumption limits, and so this ordinance effectively amounts to the City of Evanston making sure that adults eat their veggies. The building code is a sufficient instrument to set property requirements. 333 of 620 I am disappointed that there seems to be an endless effort by the City of Evanston to institute invasive and ineffectual policies relating to the construction and management of real estate. Comment #3 Tom Clark I would like to see the Post office on Davis street use timers or light sensors on their outside lights. I often see the lights on when it is light outside. Also, the lights in the parking lot on the north side of the YMCA has the same problem. Lights are on too long in the morning and too early in the evening. Controlled by the King Home. Comment #4 Howard Handler - North Shore - Barrington Assoc. of REALTORS | Illinois REALTORS The North Shore – Barrington Association of REALTORS (NSBAR) and the Illinois REALTORS – the area’s leading voices for real estate – respectfully provide the following public comment related to the proposed Building Energy and Water Use Benchmarking ordinance: 1. We recognize the reduction of greenhouse gasses as a necessary and laudable goal. 2. We are appreciative of the professional, inclusive structure of the benchmarking working group, including staff member Kumar Jensen. 3. While not necessarily by design, the working group, except for Howard Handler, Government Affairs Director for NSBAR and Illinois REALTORS, the group was comprised entirely of benchmarking cheerleaders and was completely void of property owners that do not currently benchmark. 4. The working group was, from its genesis, charged with creating a benchmarking ordinance that mandates benchmarking. The working group did not, even as an exercise, give consideration to not mandating benchmarking or any type of voluntary program. 5. Many commercial property owners – some indications are as many as 40 percent -- already benchmark energy use. Therefore there is seemingly no market failure, and a regulatory mandate as proposed is not needed. 6. Property owners already have an inherent incentive to increase profits by reducing 334 of 620 energy use. 7. There is zero evidence that mandatory benchmarking leads to reduced or more efficient energy use. 8. There are already many programs and regulations, some decades old, aimed at effectively reducing energy use. 9. The data provided is extremely limiting and does not take into account uses within buildings that might use more energy. 10. Buildings, such as those with high energy use tenants or historical in nature, may become stigmatized, resulting in less demand and reduced property values. 11. This ordinance will carry increased, cumbersome busy work and costs for Evanston’s property owners. 12. This ordinance will carry increased costs for the city’s taxpayers, including staff time and salaries. For these reasons, the NSBAR and Illinois REALTORS, strongly urge the Evanston City Council to reject the proposed benchmarking ordinance. Comment #5 Steven Kismohr - Architect and Sustainability Consultant City of Evanston Mayor Elizabeth B. Tisdahl and the City Council Comments on Proposed Ordinance 33-O-16 - Building Energy and Water Use Benchmarking July 14, 2016 To the Mayor and Aldermen, Congratulations to the Mayor, City Council Aldermen, City Staff Members, and Public Stakeholders in crafting a well, thought out piece of legislation to engage private building owners in managing their building energy use. A number of cities on the coasts of the United States have created and passed similar legislation regarding the disclosure of public and private building energy use. The City of Evanston will join the 335 of 620 growing ranks of Midwestern city governments with the passage of this ordinance. In my past experience, I have assisted other local and state governments to establish similar energy and water benchmarking ordinances / initiatives. This is an important moment for the City of Evanston to make good on the promises already made to reduce greenhouse gas emissions (GHGe). With this ordinance, the City can continue to achieve these goals from buildings within the city boundaries - including those which are both public and privately owned. Below are my comments regarding the City of Evanston’s proposed Building Energy and Water Use Benchmarking Ordinance: This Ordinance Builds upon Initiatives already Successfully Enacted The proposed ordinance is an extension of the City’s continual goal of reducing energy and greenhouse gas emissions from municipal and privately owned buildings. It builds upon the legislation already passed and successful initiatives completed, including the Evanston Green Building Ordinance and the Evanston Livability Plan. Both of these initiatives focus mainly on new construction, where as this proposed ordinance objective is to influence existing buildings. If passed, it will follow the full life cycle of a building’s existence – from new to existing to remodeled and back to an occupied, in use, and existing structure. The Public Input Process was Robust and Open to All As a participant in all of the community stakeholder meetings, I can assure you that these public meetings were open to any member of the community and provided sufficient time to gain the communities input. Large and small building owners, as well as building professionals and other attended and provided input. The process was helpful in crafting the proposed ordinance and the document reflects the public comments and concerns expressed. Many Building Owners Already Follow this Process The idea of collecting energy and water use data is not new and is practiced by many Building Owners. As one of the only methods to determine energy costs, continual tracking of utility bills informs Building Owners on their building’s consumption volumes per month. This data allows the Owners to create more accurate budgets. In return, an informed budgeting process also helps tenants with stable rents and manageable energy costs. This is the same data the ordinance requests Owners to track. The Process of Data Collection Outlined will Create Useful Information Utilizing a data verification process insures the energy consumption information collected will be useful information the City can rely on for future decision making. Many cities did not include the data verification process within their ordinances, and their data 336 of 620 has suffered gaps and holes. Some Cities have even made modifications to their ordinances to help increase the usefulness of their data. Fortunately, Evanston is following the City of Chicago by including this robust process at the beginning. The data verification requirements outlined in the proposed ordinance are not burdensome to building owners and can even be performed by in-house personal, thereby reducing the cost to zero. Publically Available Data is Good for Everyone Bring transparency to building energy consumption data is important to the continued GHGe reduction for the City of Evanston. Without the data becoming publically available, the City has no means to gauge the actual energy savings achieved with City initiatives. When Building Owners are developing a new building or addition, they can also design to the average energy use per squarefoot within the market context . Building Purchasers and Tenants benefit by understanding the potential energy costs of the market prior to purchase or renting. Typically the data is aggregated to increase the privacy of the Building Owner. When this data is available, realistic decisions and budgets can be made prior to signing a contract. Building Energy Benchmarking Saves Energy and Creates Jobs A 2012 study completed by U.S. EPA confirmed that buildings which are benchmarked using ENERGY STAR Portfolio Manager, on average, achieve a yearly 2.4% reduction in energy use just by benchmarking or tracking their energy use. This savings in energy, which equates to dollars, can be even larger for lesser performing buildings or those who have not benchmarked in the past. Building Owners may use in-house personal to complete this task or hire outside professionals to measure their consumption values. The proposed ordinance may even motivate Building Owners to make improvements – thereby further reducing their GHGe emissions and creating more local jobs to complete the upgrades. Most importantly, the proposed ordinance will help Building Owners track their energy consumption amounts and reduce their energy costs. This proposed ordinance includes energy and water consumption requirements which are proven to reduce air pollution and GHG emissions. The ordinance also follows similar language demonstrated by other major city governments to be implementable and cost effective. I recommend the ordinance be passed in its entirety. Sincerely, Steven J. Kismohr, AIA, LEED AP BD+C Architect and Sustainability Consultant Comment #6 337 of 620 Kathia Benitez – Northwestern University Re: Ordinance 33-0-16 "Amending Title 4 - Building Energy and Water Use Benchmarking Ordinance - Ordinance Review" Dear City Council of Evanston, The following comments regarding the proposed Benchmarking Ordinance 33-0-16 are made on behalf of Northwestern University's, Office of Sustainability. Section 4-22-3: Ordinance Definitions: • Covered Buildings. How will the Ordinance treat buildings that are not whole building metered, and served by a central utility plant? • Certified Professional. Northwestern recommends updating definition to include, "the verifier can be a building staff member, an existing contractor, a tenant/occupant of the building or an eligible third party." • Type 1, 2 and 3 Covered Buildings: The definition is not consistent with the "Supplemental Information" provided. Paragraph - How Buildings will comply? Is the City of Evanston referring to building square footage or PIN numbers for compliance? Please clarify. The table refers to square footage and the definition in the ordinance refers to building PIN numbers. Section 4-22-4: Would ENERGY STAR Portfolio Manager building demographics cover basic building characteristics referred to in the ordinance? Or, will the City require additional information? Define basic building characteristics in the definitions section. Section 4-22-5: For clarification purposes, the City of Evanston is requiring calendar year data by June 30th of each year commencing 2017. Does this mean reporting energy and water consumption from Jan-Dec 2016, and each year thereafter on June 30th of the respective year. Is this assumption correct? please update language to clarify. Section 4-22-6: Required Data verification process - having a certified professional review data before its reported to the city. Can the organization submitting data reports, verify benchmarking data if a staff member is a certified PE or has other approved 338 of 620 credentials? For example, the City of Chicago states, "the verifier can be a building staff member, an existing contractor, a tenant/occupant of the building or an eligible third party." Would the city of Evanston be open to amending the language to include similar language? Will the city require data verification each year or every 3 years similar to Chicago's ordinance? See language below. Would ENERGY STAR's Data Verification Checklist meet this requirement? Also, the definition "Certified Professional" would need to be revised, if this process is acceptable to the City of Evanston. "As required by the City of Chicago Benchmarking ordinance, your first-year benchmarking data must be verified by an approved verifier(“licensed professional”) in the first year of reporting and every third year thereafter. Buildings that benchmarked, verified, and reported for the first time in 2014 or 2015 are required only to benchmark and report in 2016, since data verification is only required every 3 years." Section 4-22-7: If the organization is unable to provide building level energy data due to central utility plant. How will the City of Evanston treat unique scenarios? Section 4-22-11: Additional clarification is requested. Are daily penalties per owner, per covered buildings (type 1, 2, or 3), or per individual buildings not benchmarked? Thank you for your time and consideration, Kathia Benitez Director of the Office of Sustainability Facilities Management - Sustainability 2020 Ridge Avenue Evanston, Illinois 6020 Northwestern University Kathia.benitez@northwestern.edu O: 847-467-3772 Christina Vernon Sanborn AIA, LEED AP Associate Vice President Facilities Management Northwestern University 2020 Ridge Avenue 339 of 620 Evanston, Illinois 60208 christina.sanborn@northwestern.edu O: 847-467-6044 John D'Angelo Vice President Facilities Management 2020 Ridge Avenue Evanston, Illinois 6020 Northwestern Universi ty johndangelo@northwestern.edu O: 847-467-5810 Comment #7 Alison Lindburg – Midwest Energy Efficiency Alliance Dear City Council Members, MEEA wishes to congratulate City Staff, the Utilities Commission, the Environment Board, Citizens' Greener Evanston and other city stakeholders in crafting a well, thought-out piece of legislation to engage private building owners in managing their building energy use. MEEA has been working with the City of Evanston over the last few years by providing technical assistance on benchmarking policies and practices. Based on national statistics and our own work with communities in our thirteen-state region, mandatory benchmarking policies have proven to be a crucial first step to achieving energy savings. We appreciate the dedication, transparency and public engagement of the City to ensure that this policy works best for Evanston, and we believe that it will help move building energy efficiency forward while saving money for its citizens. MEEA urges support of this benchmarking ordinance and looks forward to the next phase in Evanston’s energy efficiency story. Sincerely, Alison Lindburg 340 of 620 Building Policy Manager 341 of 620 Page | 1 Attachment 4 Explanation of Technical Components of Ordinance Updated on 7/15/16 This document was prepared by City staff to provide key components and supplemental information about the proposed Building Energy and Water Use Benchmarking Ordinance. What is Benchmarking? The process of tracking the energy & water consumed, over time, of an existing building and comparing the results to similar buildings or an applicable standard. Section 4-22-1 & 4-22-2: Short Title and Purpose The purpose of this Chapter is to promote the public health, safety and welfare by requiring certain buildings within the City of Evanston to track and disclose building energy and water consumption in order to promote energy conservation, reduce greenhouse gas emissions, and improve overall environmental quality. Section 4-22-3: Definitions In this section the ordinance explains the terms used throughout the ordinance. Key definitions include Benchmarking Tool, Certified Professional, Benchmarking Information and Covered Buildings. - Benchmarking Tool - the ordinance proposes having covered buildings utilize the free online software, administered by the EPA, Portfolio Manager for data tracking and reporting. ENERGY STAR Portfolio Manager allows property owners to upload and track their building performance and will allow the City to directly request data through Portfolio Manager, avoiding the less secure process of exchange Excel documents. - Certified Professional refers to a person who is deemed to have sufficient experience and competence in the field of building energy efficiency and operations as to be able to provide data verification services for a covered building. - Benchmarking Information indicates what data points all covered buildings will be required track and report to the City through the benchmarking process. - Covered Buildings are all buildings that are required to comply with the ordinance. See Table 1 for details on building size thresholds and compliance and verification timelines. Section 4-22-4: Building Performance Disclosure The City will request specific data points related to energy and water use and basic building characteristics to have reported. The City will then analyze the data and provide individualized reports to each building to assist them in understanding how their performance compares to other local/similar types of buildings. The aggregated data will also be used as a component to future greenhouse gas emissions inventories and climate action planning which will be made public. The City will also make public (disclose) building performance information for each building, for each year of compliance, except the first year a building is required to comply. Section 4-22-5: Benchmarking Requirements 342 of 620 Page | 2 Under the proposed ordinance property owners are required to track, input (benchmark) and report whole building utility performance data using the free ENERGY STAR Portfolio Manager online platform. See Table 1. for the proposed compliance and reporting timeline for Covered Buildings. Building utility performance data includes building gross square footage, energy performance metrics provided by ENERGY STAR Portfolio Manager and other information relevant to building utility performance. Section 4-22-6: Building Data Verification Data verification is the process of having a certified professional with energy management experience review data for properties before that data is reported to the City. Data verification is a key component to ensuring reported data is accurate. Accurate data helps both the property and the City better understand how properties are performing and take steps to reduce greenhouse gas emissions. Section 4-22-7: Solicitation of Compliance Information The City will work with each individual utility to develop, if one does not already exist, a process by which covered buildings can request aggregated whole building level utility data from each utility. These processes will be the preferred method for property owners to obtain building level energy data. In the event data is not able to be requested from a utility a building owner would have to request data from tenants. Section 4-22-8 through 4-22-11: Enforcement These sections refer specifically to the penalties for noncompliance. The goal of the ordinance is to achieve a high compliance rate and not fine buildings. The City is not looking to this ordinance as a potential revenue maker the City is much more interested in the ordinance supporting community-wide greenhouse gas emissions reductions. Table 1 First Reporting Deadline Building Size (sq. ft.) Building Type Number of Buildings Estimated Total Sq. Ft. June 30, 2017 100,000+ Type 1 89 24,632,075 June 30, 2018 99,999 - 50,000 Type 2 165 11,939,767 June 30, 2019 49,999 - 20,000 Type 3 417 14,201,636 June 30, 2017 10,000+ City Buildings 15 2,064,334 Totals 686 52,837,812 It is estimated that of the roughly 700 buildings covered by the ordinance over 120 have already integrated benchmarking into their operations, about one fifth of all covered buildings. Please note that the Estimated Number of Buildings and the Total Sq. Ft. are both estimates that City staff are working to verify. Additional details on the ordinance development process and a link to the draft ordinance can be found at www.cityofevanston.org/benchmarking. 343 of 620 Page | 3 Please direct any questions or concerns to Kumar Jensen, Environmental Project Coordinator at kjensen@cityofevanston.org or 847-448-8199. 344 of 620 Page 1 of 2 City of Evanston Mayor Elizabeth B. Tisdahl and the City Council Comments on Proposed Ordinance 33-O-16 - Building Energy and Water Use Benchmarking July 14, 2016 To the Mayor and Aldermen, Congratulations to the Mayor, City Council Aldermen, City Staff Members, and Public Stakeholders in crafting a well, thought out piece of legislation to engage private building owners in managing their building energy use. A number of cities on the coasts of the United States have created and passed similar legislation regarding the disclosure of public and private building energy use. The City of Evanston will join the growing ranks of Midwestern city governments with the passage of this ordinance. In my past experience, I have assisted other local and state governments to establish similar energy and water benchmarking ordinances / initiatives. This is an important moment for the City of Evanston to make good on the promises already made to reduce greenhouse gas emissions (GHGe). With this ordinance, the City can continue to achieve these goals from buildings within the city boundaries - including those which are both public and privately owned. Below are my comments regarding the City of Evanston’s proposed Building Energy and Water Use Benchmarking Ordinance: This Ordinance Builds upon Initiatives already Successfully Enacted The proposed ordinance is an extension of the City’s continual goal of reducing energy and greenhouse gas emissions from municipal and privately owned buildings. It builds upon the legislation already passed and successful initiatives completed, including the Evanston Green Building Ordinance and the Evanston Livability Plan. Both of these initiatives focus mainly on new construction, where as this proposed ordinance objective is to influence existing buildings. If passed, it will follow the full life cycle of a building’s existence – from new to existing to remodeled and back to an occupied, in use, and existing structure. The Public Input Process was Robust and Open to All As a participant in all of the community stakeholder meetings, I can assure you that these public meetings were open to any member of the community and provided sufficient time to gain the communities input. Large and small building owners, as well as building professionals and other attended and provided input. The process was helpful in crafting the proposed ordinance and the document reflects the public comments and concerns expressed. Many Building Owners Already Follow this Process The idea of collecting energy and water use data is not new and is practiced by many Building Owners. As one of the only methods to determine energy costs, continual tracking of utility bills informs Building Owners on their building’s consumption volumes per month. This data allows the Owners to create more accurate budgets. In return, an informed budgeting process also helps tenants with stable rents and manageable energy costs. This is the same data the ordinance requests Owners to track. Attachment 5 345 of 620 Page 2 of 2 The Process of Data Collection Outlined will Create Useful Information Utilizing a data verification process insures the energy consumption information collected will be useful information the City can rely on for future decision making. Many cities did not include the data verification process within their ordinances, and their data has suffered gaps and holes. Some Cities have even made modifications to their ordinances to help increase the usefulness of their data. Fortunately, Evanston is following the City of Chicago by including this robust process at the beginning. The data verification requirements outlined in the proposed ordinance are not burdensome to building owners and can even be performed by in-house personal, thereby reducing the cost to zero. Publically Available Data is Good for Everyone Bring transparency to building energy consumption data is important to the continued GHGe reduction for the City of Evanston. Without the data becoming publically available, the City has no means to gauge the actual energy savings achieved with City initiatives. When Building Owners are developing a new building or addition, they can also design to the average energy use per squarefoot within the market context. Building Purchasers and Tenants benefit by understanding the potential energy costs of the market prior to purchase or renting. Typically the data is aggregated to increase the privacy of the Building Owner. When this data is available, realistic decisions and budgets can be made prior to signing a contract. Building Energy Benchmarking Saves Energy and Creates Jobs A 2012 study completed by U.S. EPA confirmed that buildings which are benchmarked using ENERGY STAR Portfolio Manager, on average, achieve a yearly 2.4% reduction in energy use just by benchmarking or tracking their energy use. This savings in energy, which equates to dollars, can be even larger for lesser performing buildings or those who have not benchmarked in the past. Building Owners may use in-house personal to complete this task or hire outside professionals to measure their consumption values. The proposed ordinance may even motivate Building Owners to make improvements – thereby further reducing their GHGe emissions and creating more local jobs to complete the upgrades. Most importantly, the proposed ordinance will help Building Owners track their energy consumption amounts and reduce their energy costs. This proposed ordinance includes energy and water consumption requirements which are proven to reduce air pollution and GHG emissions. The ordinance also follows similar language demonstrated by other major city governments to be implementable and cost effective. I recommend the ordinance be passed in its entirety. Sincerely, Steven J. Kismohr, AIA, LEED AP BD+C Architect and Sustainability Consultant 346 of 620 Honorable Mayor Elizabeth B. Tisdahl and the Evanston City Council 2100 Ridge Avenue Evanston, Illinois 60201 Re: 33-O-16 Building Energy Use and Water Benchmarking To Whom It May Concern: Elevate Energy is pleased to offer this letter of support for proposed ordinance number 33-O-16 Building Energy Use and Water Benchmarking that will require specific building owners to report energy and water consumption. This effort will mark Evanston’s first step in proactively working with existing buildings to collectively reduce their energy and water consumption, thereby contributing to citywide goals adopted in the Evanston Livability Plan. Elevate Energy is a mission-based organization dedicated to promoting smarter energy use for all. We design and implement efficiency programs that lower costs, protect the environment, and ensure the benefits of energy efficiency reach those who need them the most. Our work in the public sector includes policy development and implementation, as well as community-scale energy, climate and sustainability planning. Elevate has assisted the Working Group committee over the past year in various aspects including understanding elements of benchmarking ordinances in other communities. Evanston is a proven leader in sustainability across the Chicago metropolitan region, and consideration of this ordinance is further evidence of the City’s approach to encouraging communitywide participation in reaching its climate and sustainability goals. We view it as a natural next step in the City’s progression from involving new construction buildings to now include the involvement of large-footprint existing buildings. This ordinance will assist building owners in pinpointing opportunities for reducing consumption (and thus costs), while aiding the City in identifying trends and where to target resources that benefit building owners the most. We appreciate the opportunity to support this ordinance, and look forward to seeing it come to fruition. Sincerely, Anne Evens Chief Executive Officer 347 of 620 CHAIR Sandra Henry, LEED AP Seventhwave VICE CHAIR Christopher Dillion, LEED AP BD+C, Campbell Coyle Real Estate TREASURER Laci Wilkes, LEED AP ID+C, CBRE SECRETARY Patricia Lloyd, LEED AP BD+C, Leopardo Companies EX-OFFICIO CHAIR Jenny Carney, LEED Fellow YR&G Anil Ahuja, LEED AP CCJM Ellen Bell Environmental Defense Fund Patrick Boyle, LEED Green Associate Sloan Susan Heinking, LEED AP O+M Pepper Construction Company Luke Leung, LEED Fellow SOM Jamie Peters, Green Associate EnergySavvy Marya Ryan OneEarth Consulting Tony Spata, LEED AP Hyatt Hotels Jason Westrope, LEED AP BD+C DMA Property, LLC Megan Zack, LEED AP BD+C Hartshorne Plunkard Architecture EXTENDED BOARD: Brian Imus, USGBC – Illinois, Executive Director Octavia Hooks Octavia's Natural Hair Care Experience Miki Sankary Goby, LLC July 14, 2016 Honorable Members of the City Council of the City of Evanston 2100 Ridge Avenue Evanston, IL 60201 Subj: Building Energy Use Benchmarking Ordinance Dear Council Members, On behalf of the U.S. Green Building Council–Illinois Chapter (USGBC-Illinois), I am writing in full support of the City of Evanston’s energy use benchmarking and disclosure ordinance. USGBC-Illinois is membership driven non-profit that strives to promote green buildings and sustainable communities for all. Our members represent the entire spectrum of Illinois’ sustainable building community, from real estate professionals, architects, engineers, designers and trade associations to contractors, product manufacturers, homebuilders and homeowners. Working together, they provide the education and advocacy necessary to make the design, construction, operation and maintenance of buildings more sustainable and prosperous. Energy efficiency in existing buildings is a key priority for USGBC-Illinois and the individuals and companies who comprise our community. Our organization focuses on ways to increase building energy efficiency for two reasons. First, the construction, renovation and operation of buildings is the largest single source of energy use in the U.S., and second, because improving building operations benefits the people who live, work or learn within the building by providing a healthier, more productive, and comfortable environment. Benchmarking ordinances are a proven way to create opportunities to save money and energy while making the interior space more productive for its inhabitants simply by understanding the ways in which buildings use energy. The proposed energy benchmarking ordinance being considering will provide the market – current and prospective building owners, operators, and tenants – with information about building energy performance. It will encourage building owners and tenants to learn about their energy use and work together to lower their costs. Evanston is well-positioned to take advantage 348 of 620 Page 2 of 2 of the experience of the City of Chicago and other cities that have implemented similar policies already, and to create a program that works best for Evanston’s buildings and environment. To complement your proposed energy benchmarking and disclosure ordinance, we are pleased to be part of a coalition of leading energy, environmental, and real estate organizations that have helped support pro-bono and low-cost energy benchmarking certification and trainings to qualifying building owners. As an example, our coalition was able assist the City of Chicago in implementing energy benchmarking by providing training classes and connections to the right professional help for building owners, as well as office hours for general help on a walk-in basis. These services help ensure the successful adoption and compliance rates for new benchmarking ordinances. Verification of energy data by a credentialed professional is important for consistency of data and also often appreciated by building owners. USGBC-Illinois recommends that the City of Evanston consider adopting the same or similar credential standards for verifiers used by the City of Chicago. These are:  Professional Engineer (State of IL)  Licensed Architect (State of IL)  Building Operator Certification Level I (Midwest Energy Efficiency Alliance)  Building Energy Technology Certificate (City Colleges of Chicago)  Certified Energy Manager (Assoc of Energy Engineers)  Building Energy Assessment Professional (Am. Society of Htng, Refrig. and Air- Cond. Engineers)  Facility Engineering Technology Course 220 (IUOE Local 399 and Triton College) We celebrate the City of Evanston’s work and focus on the promise of energy benchmarking, and we still ready to help you and the city staff with successful implementation! Sincerely, Brian Imus Executive Director 349 of 620 For City Council Meeting of July 25 , 2016 Item A11 Ordinance 66-O-16, Revising Title 3, Chapter 17 Taxicabs For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 66-O-16, Revising Title 3, Chapter 17 regarding Taxicabs and Motor Vehicles for Hire Date: July 25, 2016 Recommended Action: City staff recommends City Council adopt Ordinance 66-O-16, revising Title 3 of the Evanston City Code regarding taxis and other motor vehicles for hire. Summary: Staff convened several meetings with taxi industry representatives during 2016. License holders strongly supported revising taxi vehicle requirements and eliminating license fees. There are approximately 60% fewer licensed Evanston drivers in calendar year 2016 compared to 2013. At the May 9, 2016 and June 13 APW Committee meetings, staff was directed to substantially revise and amend regulations which implicated taxicabs and which also affect “Transportation Network Providers” (TNP’s) such as Uber and Lyft. TNP’s allow users to arrange and pay for rides provided by independent drivers often driving a personal vehicle. These independent drivers include taxi drivers who use registered cabs, and part or full time drivers who use a personal vehicle. Taxi Operational Costs, Current City Code and Current City Taxicab License Holders As explained by taxi owners and drivers, their businesses encounter a series of regulatory and operational costs, which they seek to remove in their entirety. These costs, which are typically shared between the taxi vehicle license holder and the taxi driver, are outlined below as approximations: •Costs to set up and purchase a taxi: $11,600 - $15,600 •Costs to operate a taxi: $4,400 - $5,100 / year •Costs to maintain/renew a City taxi vehicle license: $250 - $410 / year •Costs to register for a chauffeur license: $200 - $290 •Costs to maintain a chauffeur license: $100 - $180 / year Memorandum 350 of 620 Taxicab regulations were first enacted by the City Council in 1978, with the last substantive amendments and revisions enacted in the mid-1990’s. As indicated in prior briefings to the APW Committee, the City’s taxicab regulations have not kept pace with marketplace or technology developments. There is an applied cap of 140 City licensed taxicabs. This cap is unchanged since 1978. The owners/drivers of these cabs are colloquially known as “medallion holders”. The majority of medallion holders reside outside of Evanston, and many hold more than one medallion. Evanston 7 owners – 19 medallions Skokie 15 owners – 54 medallions Chicago 9 owners – 19 medallions Lincolnwood 3 owners Mt. Prospect 2 owners Bartlett, Buffalo Grove, Des Plaines, Glenview, Northbrook, Oswego, Waukegan, and Wheeling each have one owner. These individual owners typically affiliate with 2 companies for dispatching, etc: American Taxi 834 E. Rand Rd, Mt. Prospect 303/Norshore 9696 W. Foster, Chicago IL The suggested Code revision provides that all taxicabs soliciting business in the corporate limits of the City register annually with the City Manager, and maintain proof of current registration in a readily observable location on the taxicab. However, there is no annual fee required for registration, and prior costs associated with inspections and licensing are removed. This is responsive to the taxi industry’s request for deregulation and operational cost reductions. City of Evanston Subsidized Taxi Program The City of Evanston utilizes taxis to deliver the City’s subsidized taxi program. Eligible Evanston residents can purchase subsidized taxi coupons at the price of $3 for taxi rides within Evanston. This fare was last amended by ordinance in 2008. The program provides on-demand transportation services for Evanston’s residents who are over the age of 80; or Evanston residents who are income-eligible and either over the age of 65 or are an individual with an ambulatory disability. Taxi drivers are reimbursed by the City for each validated coupon. The taxi coupon program saw an approximately 30% reduction in trips taken in 2015 from the program’s peak in 2014; in 2015 less than 24,000 trips were taken while in 2014 the program saw over 34,800 trips. A graph outlining the number of redeemed taxi coupons from 2013 to 2016 is attached to the end of this memo. The proposed revisions maintain this program, but the total rate increases from $6.00 to $10.00. A modest increase in the coupon price from $3.00 payable by participant passengers, to $4.00, is intended to permit expanded use of the program for addresses in Skokie, Wilmette and Lincolnwood. 351 of 620 Summary of Other Revisions The revisions take 18 current pages of City Code and condense it to 4 pages. The revision removes the longstanding code language which prohibits City licensed taxicabs from operating in another jurisdiction for purposes of soliciting fares. The revisions maintain a registration requirement for taxicabs soliciting business in Evanston, but remove all City mandated fees and payments. The definitions section is revised to conform to the definitions in the Illinois Vehicle Code. Section 3-17-2 concerning compliance expands the old code language. The City equally mandates all drivers, taxicab providers, motor vehicle for hire providers, and transportation network providers comply with all state of Illinois requirements regarding liability insurance and proof of financial responsibility. The City of Evanston currently duplicates state regulations in almost all substantive areas, and this duplication is proposed to be removed. The Illinois Secretary of State already regulates taxis through issuing registration plates for taxis. Taxicabs must take and pass the Illinois “safety test” mandated in the Illinois Vehicle Code and also maintain liability insurance. The revisions remove unnecessary prohibitive language concerning license fees, license transfer penalties, and inspections. Every motor vehicle operating within the City which is required to comply with the Illinois Vehicle Code, 625 ILCS 625 5/13-101, must submit to the state of Illinois “safety test” and secure a certificate of safety from the state. The proposed revisions add new language mandating all taxicab drivers, motor vehicle for hire drivers, and transportation network vehicle drivers comply with all applicable laws regarding non-discrimination against passengers or potential passengers on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity. The State of Illinois’ Transportation Network Providers Act (TNP Act) defines TNPs, TNP drivers, TNP periods and automobile liability insurance requirements. The TNP Act requires that TNP driver applications include personal information, driver license information, driving history, motor vehicle registration, and automobile liability insurance. The proposed ordinance codifies the requirement that all TNP’s operating in Evanston comply with this state statute. TNP’s would be prohibited from operating in taxicab stands or motor vehicle for hire loading zones. Impact of TNPs on the Taxi Industry The emergence of TNPs are closely tied to changes in taxi services and the number of eligible taxi drivers. In addition to the impact on taxi service, the arrival of TNPs also correlated with a decreasing number of chauffeur licenses in Evanston and thus eligible taxi drivers. From 2010 to 2013 the number of licensed chauffeur drivers remained relatively stable with 366 drivers in 2010 to 337 in 2013. With the arrival of Uber and Lyft in late 2013, the number of licensed chauffeur drivers decreased significantly to 267 in 2014 and 208 in 2015. As of April 2016 there are 99 issued chauffeur driver licenses; historically, the City would expect to have around 150 to 160 issued chauffeur driver licenses by late spring. 352 of 620 Redeemed Taxi Coupons by Month from 2013 to 2016 0 1000 2000 3000 4000 5000 6000 2013 2014 2015 2016 April May June July September October Figure 1: Redeemed Taxi Coupons by Month from 2013 to 2016 The above figure outlines the number of redeemed taxi coupons per month, which equates to the number of one-way trips taken through the program from 2013 to 2016. Attachment: Ordinance 66-O-16 353 of 620 7/21/2016 7/12/2016 5/24/2016 66-O-16 AN ORDINANCE Amending and Revising Title 3, Chapter 17 of the Evanston City Code Regarding Taxicabs and Motor Vehicles For Hire NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Title 3, Chapter 17 of the Evanston City Code of 2012, is stricken and replaced in its entirety, and amended to read as follows: CHAPTER 17 - TAXICABS; MOTOR VEHICLES FOR HIRE; TRANSPORTATION NETWORK PROVIDERS 3-17-1. – DEFINITIONS For purposes of this Chapter, the definitions in the Illinois Vehicle Code, 625 ILCS 5/ et seq., as may be amended from time to time, the definitions in the Taxi Safety Act, 625 ILCS 55/ et. seq., as may be amended from time to time, and the definitions in the Transportation Network Providers Act, 625 ILCS 57/ et seq., as may be amended from time to time, will apply. CITY MANAGER The City of Evanston City Manager or his/her designee. MOTOR VEHICLE FOR HIRE All other motor vehicles or buses used for the transportation of passengers for hire. A motor vehicle for hire also includes a limousine, as defined by the Illinois Vehicle Code. A motor vehicle for hire is not a bus operated by a public transportation agency or unit of local government, taxicab, or transportation network vehicle. TAXICAB Any public passenger vehicle transporting passengers for hire on a trip basis to or from a destination, other than a motor vehicle for hire or transportation network 354 of 620 66-O-16 ~2~ vehicle. The vehicle must be equipped with a taximeter. TAXIMETER Any electronic or mechanical device which records and indicates a fare measured by distance traveled, waiting time and/or number of passengers. TRANSPORTATION NETWORK VEHICLE Any vehicle used to provide a transportation network service. A transportation network vehicle is not a taxicab or motor vehicle for hire. 3-17-2. - COMPLIANCE WITH STATE AND CITY LAWS It is unlawful for any person to operate a taxicab, motor vehicle for hire, or transportation network vehicle in the corporate limits of the City unless the driver of the taxicab, motor vehicle for hire, or the transportation network vehicle operated by him/her comply with all relevant state of Illinois laws and regulations and the City Code. All taxicabs soliciting business in the corporate limits of the City must register annually with the City Manager, and maintain proof of current registration in a readily observable location on the taxicab. There is no fee for this annual registration. All applicants must disclose their name, address, provide a current copy of a valid license or permit to operate a motor vehicle issued under Illinois state law, provide proof of compliance with the requirements of Subsection 3-17-4, and disclose whether the applicant ever had a motor vehicle license suspended or revoked. No driver of a taxicab, motor vehicle for hire, or transportation network vehicle can solicit patronage in a loud or annoying tone of voice or by sign. No driver can obstruct the movement of any persons or vehicles, or follow any person for the purpose of soliciting patronage. No person may operate a rent-a-car business without applying for and receiving a valid City business license. 3-17-3. – LIABILITY INSURANCE AND PROOF OF FINANCIAL RESPONSBILITY REQUIRED All drivers, taxicab providers, motor vehicle for hire providers, and transportation network providers must comply with all state of Illinois requirements regarding liability insurance and proof of financial responsibility. 3-17-4. – COMPLIANCE WITH STATE OF ILLINOIS SAFETY REQUIREMENTS Every motor vehicle operating within the City which is required to comply with the Illinois Vehicle Code, 625 ILCS 625 5/13-101, as may be amended from time to time, must 355 of 620 66-O-16 ~3~ submit to the state of Illinois “safety test” and secure a certificate of safety from the state. Every vehicle operator or owner must produce evidence of compliance upon demand by the City. Violators may be cited by the City on a warning ticket, issued to the owner or operator of the motor vehicle, with a twenty one (21) day grace period given for correction of the violation. Any uncorrected violations may be written as a citation to the City Administrative Adjudication Division or the Cook County Circuit Court. No taxicab, transportation network vehicle, or motor vehicle for hire operating within the City can display any advertising sign or device on the vehicle that creates any risk of injury to the driver, to passengers of the vehicle, to pedestrians, or to drivers or passengers of other vehicles. 3-17-5. – IDENTIFICATION IN TAXICABS OR MOTOR VEHICLES FOR HIRE Every taxicab must display on each side front door or front fender, and on the trunk, and in a conspicuous place within the passenger compartment, the name of the owner of the vehicle, and if applicable, the association to which it belongs. The following information must be displayed in the taxicab’s rear passenger compartment in plain view of the passenger: schedule of rates and charges, telephone number where complaints can be received, a list of communities where straight meter rates apply, the taxicab number, the name of the owner of the taxicab, and the name of the association to which the taxicab belongs. Every driver of a motor vehicle for hire must display his/her driver’s license in the interior of the vehicle in plain view. 3-17-6. – NON-DISCRIMINATION All taxicab drivers, motor vehicle for hire drivers, and transportation network vehicle drivers must comply with all applicable laws regarding non-discrimination against passengers or potential passengers on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity. 3-17-7. - TAXICAB STANDS AND LOADING ZONES The City Manager, with the consent of the City Council, may establish taxicab stands and motor vehicle for hire loading zones designated by appropriate signs. Transportation network vehicles cannot operate in taxicab stands or loading zones. 356 of 620 66-O-16 ~4~ 3-17-8. – TAXIMETERS Every taxicab must have a taximeter to register, in plain view of the passenger, the fares as accumulated while the cab is operating. The taxicab must have posted information, in plain view of the passenger, showing how the fare is calculated, applicable rates, and upon request, the taxi driver must provide an estimated fare to the passenger before the trip. No taxicab may transport a passenger for hire unless the taximeter accurately records the fare to be charged. Any passenger who requests a receipt for the fare paid is to receive one. Any passenger can pay for the fare by credit or debit card. 3-17-9. – SENIOR CITIZEN/PERSONS WITH DISABILITIES TAXICAB PROGRAM Owners, operators and drivers of taxicabs are eligible to provide Senior Citizen/Persons with Disabilities Taxicab Program services to City residents. Persons eligible to participate as a passenger in the Senior Citizen/Persons with Disabilities Taxicab Program must be Evanston residents of sixty (60) years of age or older, or those residents who are persons with disabilities as defined by the Illinois Vehicle Code, 625 ILCS 5/1-159.1. The availability of assistance for senior citizens will be limited to those senior citizens who provide a written affidavit of need and meet income eligibility requirements. Eligible senior citizens will be those individuals whose annual income does not exceed thirty thousand dollars ($30,000.00) for a single person or fifty thousand dollars ($50,000.00) for married persons filing a joint income tax return. Eligible persons with disabilities will be those individuals who give the City a written disability determination pursuant to 625 ILCS 5/1-159.1. The fixed rate for a ride for persons registered to participate in the Senior Citizen/Persons with Disabilities Taxicab Program is ten dollars ($10.00), based upon subsidies from the City, with a participant share of four dollars ($4.00). Eligible passenger participants may purchase a coupon for service. Passenger participants may be taken only within the corporate boundaries of the City of Evanston, the City of Wilmette, the Village of Skokie, or the Village of Lincolnwood. 3-17-10. - PENALTY Owners, operators, or drivers who violate the provisions of this Chapter will be fined three hundred dollars ($300.00) for each violation. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: This ordinance will be in full force and effect as of October 1, 2016. 357 of 620 66-O-16 ~5~ SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity will not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. Introduced: _______________, 2016 Adopted: _________________, 2016 Approved: ___________________________, 2016 ________________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Approved as to form: ________________________________ W. Grant Farrar, Corporation Counsel 358 of 620 For City Council meeting of July 25, 2016 Item A12 Ordinance 87-O-16: Increasing Class D Liquor License The Barn Investment, LLC For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 87-O-16, Increasing the Number of Class D Liquor Licenses for The Barn Investment, LLC d/b/a The Barn, 1016 Church Street Date: July 12, 2016 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 87-O-16. Funding Source: N/A Summary: Ordinance 87-O-16 amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from fifty-six (56) to fifty-seven (57) and permit issuance of a Class D license to The Barn Investment, LLC d/b/a The Barn (“Company”), 1016 Church Street. This license will permit Company to retail sale of alcoholic liquor in restaurants only to persons of at least twenty-one (21) years of age for consumption on the premises. Company representative Amy Morton submitted application materials. Legislative History: At the June 22, 2016 Liquor Control Review Board meeting, Company requested consideration of application for a Class D liquor license. Alternatives: N/A ------------------------------------------------------------------------------------- Attachments: Ordinance 87-O-16 Application Minutes of the June 22, 2016 Liquor Control Review Board meeting Memorandum 359 of 620 6/23/2016 87-O-16 AN ORDINANCE Amending City Code Section 3-4-6-(D) to Increase the Number of Class D Liquor Licenses from Fifty-Six to Fifty-Seven (The Barn Investment, LLC d/b/a The Barn, 1016 Church Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class D of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: D Restaurant Liquor None $2,800 $2,800 5657 None 11 a.m.— 1 a.m. (Mon- Thurs); 11 a.m. – 2 a.m. (Fri-Sat); 12 p.m. – 1 a.m. (Sun) SECTION 2: Subsection 3-4-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class D liquor licenses from fifty-six (56) to fifty-seven (57) to read as follows: (D) CLASS D licenses, which shall authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant", as defined in Section 3-4-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding Class D licenses only during the period when their patrons are offered a complete meal. The applicant for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single-payment fee for initial issuance or renewal of such license shall be two thousand eight hundred dollars ($2,800.00). 360 of 620 87-O-16 ~2~ The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be two thousand nine hundred forty dollars ($2,940.00). No more than fifty-six (56) fifty-seven (57) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2016 Adopted: ___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 361 of 620 Redacted 362 of 620 363 of 620 364 of 620 365 of 620 Redacted 366 of 620 367 of 620 368 of 620 369 of 620 370 of 620 371 of 620 372 of 620 373 of 620 374 of 620 375 of 620 376 of 620 377 of 620 378 of 620 379 of 620 380 of 620 Page 1 of 3 MEETING MINUTES Liquor Control Board Wednesday, June 22, 2016 11:30 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Mayor Elizabeth Tisdahl; Marion Macbeth; Dick Peach; Byron Wilson Members Absent: None Staff Present: Mario Treto, Theresa Whittington Others Present: Amy Morton (The Barn); Heather Behm (Union Squared); Kevin O’Malley (The Stained Glass); Chad Stalbaum (the Stained Glass); Minhaz Lakhani (Shell); Ann Rainey (8th Ward Alderman) Presiding Member: Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor CALL TO ORDER The Local Liquor Control Commissioner Elizabeth Tisdahl called the meeting to order at 11:30 a.m. NEW BUSINESS The Barn Investment, LLC d/b/a The Barn, 1016 Church Street, Evanston, IL 60201 Amy Morton (Owner), requested approval of a Class D liquor license (Restaurant/liquor). The restaurant is an 1883 horse stable that has not been in use for over 100 years. The menu will be meat-centric and feature a lot of proteins. The food is farm-to-table. It’s theme and menu is intentionally different from her other restaurant, Found. The Barn’s décor will be structural, simple and masculine. The target opening date is September 2016. Mayor Tisdahl asked for clarification of what types or varieties of alcohol will be served. Amy Morton responded that all types (beer, wine and spirits) will be sold. Board members reviewed the application in advance of the meeting and found it all in order. The Local Liquor Control Commissioner asked the members if there were any concerns over the request. None were voiced. The Board recommended issuing a Liquor License to be introduced at the City Council meeting on July 11, 2016. Dil foods, Inc., dba Shell Gas Station, 2494 Oakton Ave Minhaz Lakhani (ML), owner of Shell Gas Station, requested approval of an amendment to Class O to allow alcohol sales between 6am and 2 am. Class O currently allows for sales between 8am and Midnight. Mayor Tisdahl asked why he wants to sell alcohol at 6am. ML responded that many customers have asked for earlier sale hours, especially landscapers. ML would like the later sale hours to go along with the 24 hr. subway he also owns and operates. Competition from Food 4 Less is hurting his business. He 381 of 620 Page 2 of 3 thinks the extended sale hours will help his business succeed. Mayor Tisdahl asked Mario Treto if any other license class is allowed to sell packaged goods at the proposed hours. Mario Treto responded that packaged goods stores are limited to sales between 8am to Midnight. Theresa Whittington noted that Shell is the only Class O but that other packaged goods stores, licensed under different license classes, might eventually seek the same hours. Marion Macbeth expressed concern over the request and didn’t understand why landscapers would need to buy beer before work. Dick Peach questioned how much beer would sell at 6am. ML explained that the landscapers begin work early, before 8 am. He loses their gas business because they go elsewhere. Mayor Tisdahl said she had less of a problem with the 2am request. Marion Macbeth questioned who would want contractors getting beer at 6am in the morning before coming to ones house to perform work. Dick Peach thinks the new hours will set a bad precedent and that the other packaged goods stores will also request extended hours. He also pointed out that, if this happens, Shell will lose any short-lived competitive edge it might have gained. Marion Macbeth and Dick Peach didn’t mind the 2am but are very much against 6am. Aldermen Anny Rainey has a bigger issue with 2am than 6am. She noted that this Shell is already open 24 hours a day. She also noted how well the business is maintained. Alderman Rainey stated that the business is located far away from residential areas. Alderman Rainey clarified the landscapers request for beer in the morning. She explained that the landscapers have coolers on their trucks and they load up the coolers with food and drink for the entire day. They want the beer available for the end of their work day – not during the day. She doesn’t have a problem with 2am but she has less of a problem wi th the 6am request. Mayor Tisdahl proposes trying out sales until 2 a.m. and monitoring for any issues. The amendment for 6am sales can be revisited in 6 months to a year. Board members agreed. The Board recommended an amendment to Class O to allow sales between 8 a.m. and 2 a.m. to be introduced at the City Council meeting on July 11, 2016. E-Country, LLC d/b/a Union Squared Evanston, 1307 Chicago Avenue Heather Behm (Co-Owner), requested approval of a Class D liquor license (Restaurant/liquor). Same owners as Union Pizzeria are opening a Detroit-style pizza place called Union Squared. Detroit-style pizza is light fluffy, focaccia style dough. They look forward to bringing something new to Evanston. Board members reviewed the application in advance of the meeting and found it all in order. The Local Liquor Control Commissioner asked the members if there were any concerns over the request. None were voiced. The Board recommended issuing a Liquor License to be introduced at the City Council meeting on July 11, 2016. Stained Glass, Ltd d/b/a The Stained Glass, 1316 Maple Ave, Evanston, IL 60201 Board discussed the purchase agreement/change of ownership to Kevin O’Malley. Board members reviewed the application materials in advance of the meeting and found it all in order. The Local Liquor Control Commissioner asked the members if there were any concerns over the change in ownership. None were voiced. No further action is required. ADJOURNMENT 382 of 620 Page 3 of 3 The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl, Mayor at 11:53 a.m., June 22, 2016. Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 383 of 620 For City Council meeting of July 25, 2016 Item A13 Ordinance 88-O-16: Amending Class O Liquor License to Extend Sale Hours For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 88-O-16, Amending Subsection 3-4-6(P-3) of the City Code to Allow for Sale of Beer Between the Hours of 8:00 a.m. to 2:00 a.m. On Any Given Day Date: July 12, 2016 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 88-O-16. Summary: The City of Evanston (“City”) currently restricts the Class O liquor license to the sale of beer between the hours of 8:00 a.m. to midnight on any given day. On June 22, 2016, Dil Foods, Inc. d/b/a Shell Gas Station (“Company”), 2494 Oakton Street, requested the Liquor Control Review Board (“LCRB”) consider allowing the sale of beer between the hours of 6:00 a.m. to 2:00 a.m. The LCRB approved extending the sale of beer between the hours of 8:00 a.m. to 2:00 a.m on any given day. Accordingly, Ordinance 88-O-16 amends Evanston City Code of 2012 Subsection 3-4-6-(O) to allow for the sale of beer between the hours of 8:00 a.m. to 2:00 a.m. on any given day. Company representative Minhaz Lakhani appeared before the LCRB. --------------------------------------------------------------------------------------------------- Attachments: Ordinance 88-O-16 See Agenda Item A12 for Minutes of the June 22, 2016 Liquor Control Review Board meeting Memorandum 384 of 620 7/5/2016 88-O-16 AN ORDINANCE Amending City Code Subsection 3-4-6(O) to Allow the Sale of Beer Between the Hours of 8:00 a.m. to 2:00 a.m. on Any Given Day NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class O of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: O Auto Service Station No Beer $2,000 $2,000 1 None 8 a.m. — midnight 2 a.m. SECTION 2: Subsection 3-4-6(O) of the Evanston City Code of 2012, as amended, is hereby further amended by allowing the sale of beer from 8:00 a.m. until 2:00 a.m. on any given day to read as follows: (O) CLASS O licenses, which shall authorize the retail sale of beer in automobile service stations as defined in Section 3-4-1 of this Chapter, and in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. 1. It shall be unlawful for a Class O licensee to sell a single container of beer unless the volume of the container is greater than forty (40) ounces or 1.18 liters. It shall be unlawful for a licensee to bundle, tape, package, or otherwise manipulate single containers of beer for sale as a set. Any such manipulation of packaging shall be a violation of this subsection. 2. It is unlawful for the holder of a Class O license to sell any beer between the hours of 2:00 a.m. and 8:00 a.m. on any given day. The retail sale of beer pursuant to the Class O license may begin after 8:00 a.m., Monday through Sunday. Beer shall not be sold after the hour of 12:00 midnight on any day. 3. The retail sale of beer area on the premises shall occupy no more than five hundred (500) square feet of floor space. 385 of 620 88-O-16 ~2~ 4.3. No sale of beer shall be allowed to any patron who is occupying a motor vehicle at the time of sale. 5.4. No sale of beer shall be allowed from a drive-in window or other similar opening in the licensed premises to any patron. The annual single payment fee for initial issuance or renewal of such license shall be two thousand dollars ($2,000.00). No more than one (1) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2016 Adopted: ___________________, 201 6 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor 386 of 620 88-O-16 ~3~ Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 387 of 620 For City Council meeting of July 25, 2016 Item A14 Ordinance 89-O-16: Increasing Class D Liquor License Union Squared Evanston For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 89-O-16, Increasing the Number of Class D Liquor Licenses for E-Country, LLC d/b/a Union Squared Evanston, 1307 Chicago Ave. Date: July 11, 2016 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 89-O-16. Funding Source: N/A Summary: Ordinance 89-O-16 amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from fifty-seven (57) to fifty-eight (58) and permit issuance of a Class D license to E-Country, LLC d/b/a Union Squared Evanston (“Company”), 1307 Chicago Avenue. This license will permit Company to retail sale of alcoholic liquor in restaurants only to persons of at least twenty-one (21) years of age for consumption on the premises. Company representative Heather Behm submitted application materials. Legislative History: At the June 22, 2016 Liquor Control Review Board meeting, Company requested consideration of application for a Class D liquor license. ------------------------------------------------------------------------------------- Attachments: Ordinance 89-O-16 Application See Agenda Item A12 for Minutes of the June 22, 2016 Liquor Control Review Board meeting Memorandum 388 of 620 7/5/2016 89-O-16 AN ORDINANCE Amending City Code Section 3-4-6-(D) to Increase the Number of Class D Liquor Licenses from Fifty-Seven to Fifty-Eight (E-Country, LLC d/b/a Union Squared Evanston, 1307 Chicago Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class D of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: D Restaurant Liquor None $2,800 $2,800 5758 None 11 a.m .— 1 a.m. (Mon- Thurs); 11 a.m. – 2 a.m. (Fri-Sat); 12 p.m. – 1 a.m. (Sun) SECTION 2: Subsection 3-4-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class D liquor licenses from fifty-seven (57) to fifty-eight (58) to read as follows: (D) CLASS D licenses, which shall authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant", as defined in Section 3-4-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding Class D licenses only during the period when their patrons are offered a complete meal. The applicant for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single-payment fee for initial issuance or renewal of such license shall be two thousand eight hundred dollars ($2,800.00). 389 of 620 89-O-16 ~2~ The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be two thousand nine hundred forty dollars ($2,940.00). No more than fifty-seven (57) fifty-eight (58) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2016 Adopted: ___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 390 of 620 Redacted 391 of 620 392 of 620 393 of 620 394 of 620 Redacted 395 of 620 396 of 620 397 of 620 398 of 620 399 of 620 400 of 620 401 of 620 402 of 620 For City Council meeting of July 25 , 2016 Item A15 Ordinance 90-O-16 – Decrease Class D Liquor License – Davis Street Fishmarket For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 90-O-16, Decreasing the Number of Class D Liquor Licenses for Davis Street, LLC d/b/a Davis Street Fishmarket, 501 Davis Street Date: July 12, 2016 Recommended Action: Staff recommends City Council adoption of Ordinance 90-O-16. Funding Source: N/A Summary: Ordinance 90-O-16 amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses from fifty-eight (58) to fifty-seven (57). Davis Street, LLC d/b/a Davis Street Fishmarket (“Company”), 501 Davis Street, is permanently closed and is therefore not renewing its liquor license. This Ordinance amends the City Code to reflect the decrease in Class D liquor licenses. ------------------------------------------------------------------------------------- Attachments: Ordinance 90-O-16 Memorandum 403 of 620 7/5/2016 90-O-16 AN ORDINANCE Amending City Code Section 3-4-6-(D) to Decrease the Number of Class D Liquor Licenses from Fifty-Eight to Fifty-Seven (Davis Street, LLC d/b/a Davis Street Fishmarket, 501 Davis Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class D of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: D Restaurant Liquor None $2,800 $2,800 5857 None 11 a.m.— 1 a.m. (Mon- Thurs); 11 a.m. – 2 a.m. (Fri-Sat); 12 p.m. – 1 a.m. (Sun) SECTION 2: Subsection 3-4-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by decreasing the number of Class D liquor licenses from fifty-eight (58) to fifty-seven (57) to read as follows: (D) CLASS D licenses, which shall authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant", as defined in Section 3-4-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding Class D licenses only during the period when their patrons are offered a complete meal. The applicant for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single-payment fee for initial issuance or renewal of such license shall be two thousand eight hundred dollars ($2,800.00). 404 of 620 90-O-16 ~2~ The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be two thousand nine hundred forty dollars ($2,940.00). No more than fifty-eight (58) fifty-seven (57) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2016 Adopted: ___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 405 of 620 For City Council meeting of July 25, 2016 Items A16 – A17 Ordinance 92-O-16: Decreasing Class C-1 Liquor License for Prairie Moon Ordinance 93-O-16: Increasing Class C Liquor License for Prairie Moon For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 92-O-16, Decreasing the Number of Class C-1 Liquor Licenses for Four Corners, LLC, d/b/a Prairie Moon, 1502 Sherman Avenue; and Ordinance 93-O-16, Increasing the Number of Class C Liquor Licenses for Four Corners, LLC d/b/a Prairie Moon, 1502 Sherman Avenue Date: July 11, 2016 Recommended Action: Staff provides a recommendation to City Council regarding the adoption of Ordinance 92-O-16 and Ordinance 93-O-16. Funding Source: N/A Summary: Company representative Robert Strom requested a downgrade of its liquor license from Class C-1 to Class C. Ordinance 92-O-16 amends Evanston City Code of 2012 Subsection 3-4-6-(C-1), as amended, to decrease the number of authorized Class C-1 liquor licenses from five (5) to four (4). Ordinance 93-O-16 amends Evanston City Code of 2012 Subsection 3-4-6-(C), as amended, to increase the number of authorized Class C liquor licenses from twenty-three (23) to twenty-four (24), and permit issuance of a Class C license to Four Corners, LLC, d/b/a Prairie Moon (“Company”), 1502 Sherman Avenue. The Class C license will permit Company to retail sale of alcoholic liquor in restaurants only to persons of at least twenty-one (21) years of age for consumption on the premises. ------------------------------------------------------------------------------------- Attachments: Ordinance 92-O-16 Ordinance 93-O-16 Memorandum 406 of 620 7/7/2016 92-O-16 AN ORDINANCE Amending City Code Section 3-4-6-(C-1) to Decrease the Number of Class C-1 Liquor Licenses from Five to Four (Four Corners, LLC., d/b/a “Prairie Moon”, 1502 Sherman Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class C-1 of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: C-1 Hotel or Restaurant Liquor None $8,000 $8,000 54 Core 11 a.m.— 2 a.m. (Sun – Wed); 11 a.m. – 3 a.m. (Thurs-Sat) SECTION 2: Subsection 3-4-6-(C-1) of the Evanston City Code of 2012, as amended, is hereby further amended by decreasing the number of Class C-1 liquor licenses from five (5) to four (4) to read as follows: (C-1) CLASS C-1 licenses, which shall authorize the sale on the premises specified of alcoholic liquor only for consumption on the premises while food is available. Such licenses may be issued only to hotels or restaurants in the core area . Establishments holding Class C-1 licenses must have some food service available when alcoholic liquor is being sold. The meanings of "hotel," "restaurant" and "core area" shall be as defined in Section 3-4-1 of this Chapter. 1. The sale of alcoholic liquor shall not take place between the hours of 2:00 a.m. and 11:00 a.m., except that sales may be made up to 3:00 a.m. on Friday, Saturday, Sunday mornings and up to 3:00 a.m. on the mornings of January 1, Memorial Day, July 4, Labor Day and Thanksgiving. The applicant for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. 407 of 620 92-O-16 ~2~ The annual single payment fee for initial issuance or renewal of such license shall be eight thousand dollars ($8,000.00). 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 eight thousand four hundred dollars ($8,400.00). No more than five (5)four (4) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2016 Adopted: ___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 408 of 620 7/7/2016 93-O-16 AN ORDINANCE Amending City Code Section 3-4-6-(C) to Increase the Number of Class C Liquor Licenses from Twenty-Three to Twenty-Four (Four Corners, LLC., d/b/a “Prairie Moon”, 1502 Sherman Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class C of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: C Hotel or Restaurant Liquor None $4,300 $4,300 2324 Core 11 a.m.— 1 a.m. (Mon- Wed); 11 a.m. – 2 a.m. (Thurs – Sat); 11 a.m. – 1 a.m. (Sun); 11 a.m. – 2 a.m. on New Year’s Day, Memorial Day, Fourth of July, Labor Day and Thanksgiving SECTION 2: Subsection 3-4-6-(C) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class C liquor licenses from twenty-three (23) to twenty-four (24) to read as follows: (C) CLASS C licenses, which shall authorize the sale on the premises specified of alcoholic liquor only for consumption on the premises while food is available. Such licenses may be issued only to hotels or restaurants in the core area. Establishments holding Class C licenses must have some food service available when alcoholic liquor is being sold. The meanings of "hotel," "restaurant," and "core area" shall be as defined in Section 3-4-1 of this Chapter. 1. The sale of alcoholic liquor shall not take place between the hours of 1:00 a.m. and 11:00 a.m., except that sales may be made up to 2:00 a.m. on 409 of 620 93-O-16 ~2~ Friday, Saturday, Sunday mornings and up to 2:00 a.m. on the mornings of January 1, Memorial Day, July 4, Labor Day and Thanksgiving; however, no such sales shall be made between 2:00 a.m. and 11:00 a.m. on Sunday. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be four thousand three hundred dollars ($4,300.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be four thousand five hundred fifteen dollars ($4,515.00). No more than twenty-three (23) twenty-four (24) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 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. 410 of 620 93-O-16 ~3~ Introduced: _________________, 2016 Adopted: ___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 411 of 620 For City Council meeting of July 25, 2016 Item APW1 Pesticide Usage on City Property For Discussion To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: David Stoneback, Public Works Agency Director Paul D’Agostino, Environmental Services Bureau Chief Subject: Pesticide Usage on City Property Date: July 19, 2016 Recommended Action: Staff supports continued limited use of certain pesticides by staff on specific sites. Background: Since 2010, City of Evanston staff has complied with our Integrated Pest Management policy adopted by resolution. This policy is geared to using sustainable pest control as well as pesticide reduction. Since the adoption of this policy, staff has reduced the use of pesticides by over 50%. The current practice of pesticide applications comply with all State regulations issued by the Department of Agriculture. All staff that apply any pesticides are licensed by the State as Certified Operators or Applicators, including the Bureau Chief and Greenways Supervisor. All sites are clearly posted once a pesticide is applied, and all personal protective equipment is used and inspected regularly. Beginning earlier this year, we have ceased using any pesticides at any of the lakefront parks. Our current uses of pesticides include the application of a non-selective herbicide with a backpack sprayer to spot treat hard to maintain areas that are also not typically frequented by park users. These include sidewalk cracks, fence lines, shrub beds, and the bases of sign posts. This product contains Glyphosate, which is the same active ingredient as Roundup. We normally treat these areas twice a year so that we eliminate the need to use a string trimmer every week. Staff also applies a pre-emergent granular herbicide to larger shrub beds to prevent weed seeds from sprouting in the early spring. These practices save an enormous amount of time for the maintenance crews so they can perform other maintenance work rather than hand pulling or cutting weeds during the summer months. The remaining non-selective herbicide is Garlon, which we only apply by brush to the stumps of invasive trees and shrubs when we clear them from our natural areas. Memorandum 412 of 620 We also use selected fungicides and insecticides when needed to maintain the health of the roses in the Merrick Rose Garden. If we did not apply these, most of the roses would not survive for very long, as some of the varieties are highly susceptible to black spot and many types of insects. Additionally, we use aquatic chemicals such as algaecides, dyes and sludge metabolizers to keep the ponds at Lovelace Park and Dawes Park as clear as possible, but these products have a very low toxicity level and are all safe to use when fish are present. For our Elm inoculation program, we use an injectable fungicide to treat all the public Elms once every three years. The product is injected directly into the base of the tree’s trunk, so there is very little chance for exposure to anyone. Lastly, on occasion when an athletic field needs to renovated due to poor turf conditions, we may hire an outside vendor to apply selective herbicides to the field so that staff can reseed it with turf grass. The specific products used are determined on a case by case basis, and depend on the specific weeds present, and whether there are other insect or disease problems present on a given field. We tailor these applications so that the only products applied are those that are necessary to address the actual problems with the individual field. We require the contractor to follow all State regulations and only proceed with this work when weather conditions are appropriate. 413 of 620 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, July 25, 2016 7:15 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston James C. Lytle Council Chambers AGENDA I. CALL TO ORDER/DECLARATION OF QUORUM: ALDERMAN WILSON, CHAIR II.APPROVAL OF REGULAR MEETING MINUTES OF JULY 11, 2016 III.ITEMS FOR CONSIDERATION (P1) Ordinance 42-O-16, Granting Major Zoning Relief for Setbacks for Outdoor Storage Units & Reduction in Open Parking at 2020 Greenwood Street The Zoning Board of Appeals and City staff recommend approval of Ordinance 42- O-16 granting major zoning relief for a 2’ east interior side yard setback for self- storage units where 8’ is required, a 2’ south interior side yard setback for self- storage units where 8’ is required, and a decrease of on-site parking by 22 spaces where an increase of 3 parking spaces is required for a total of 10 parking spaces on site, where 82 parking spaces are required and 32 parking spaces currently exist. The applicant has complied with all other zoning requirements, and meets the standards for variations. For Introduction (P2) Ordinance 95-O-16, Granting a Special Use for a Craft Brewery, North Shore Cider Company, at 707 Howard Street The Zoning Board of Appeals and City staff recommend adoption of Ordinance 95- O-16 granting special use approval for a Craft Brewery, North Shore Cider Company, at 707 Howard Street in the B3 Business District. The applicant has complied with all zoning requirements and meets all of the standards for a special use for this district. Suspension of the Rules is requested for Introduction and Action by City Council on July 25, 2016. For Introduction and Action 414 of 620 Planning & Development Committee Meeting Agenda July 25, 2016 (P3) Ordinance 96-O-16, Granting a Special Use for a Public Utility and Major Zoning Relief for Landscaping & Fencing at 1919 Church Street The Zoning Board of Appeals and City staff recommend adoption of Ordinance 96- O-16 granting special use approval for a Public Utility for the replacement of existing ComEd equipment with “DC-in-a-box” utility equipment, and major zoning relief to screen utility equipment and open parking with landscaping where landscaping and a solid fence is required, with a continuous hedge of plantings spaces 48” on center where plantings are required to be spaced 36” on center, at 1919 Church Street. The applicant has complied with all other zoning requirements, and meets all of the standards for special use and major variation. Suspension of the Rules is requested for Introduction and Action by City Council on July 25, 2016. For Introduction and Action IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 415 of 620 Planning & Development Committee Meeting Minutes of July 11, 2016 6:45 p.m. James C. Lytle Council Chambers - Lorraine H. Morton Civic Center MEMBERS PRESENT: A. Rainey, M. Tendam, D. Wilson, J. Fiske, E. Revelle STAFF PRESENT: M. Masoncup, D. Latinovic, M. Muenzer, M. Jones OTHERS PRESENT: PRESIDING OFFICIAL: Ald. Wilson I. DECLARATION OF QUORUM A quorum being present, Chair Wilson called the meeting to order at 6:51 p.m. II.APPROVAL OF REGULAR MEETING MINUTES OF JUNE 27, 2016 Ald. Fiske moved to approve the minutes of the June 27, 2016 meeting, seconded by Ald. Revelle. The committee voted unanimously 4-0 to approve the June 27, 2016 minutes. III.ITEMS FOR CONSIDERATION (P1) Resolution 54-R-16, Approving a Plat of Subdivision for 1900-1904 Asbury Avenue City staff recommends approval of Resolution 54-R-16 to grant approval of the proposed subdivision of the property located at 1900-1904 Asbury Avenue from one lot into two lots. The proposed subdivision would include an ingress and egress easement over the south lot to allow access to the garage on the north lot from Emerson Street. For Action Ald. Rainey moved to recommend approval of Resolution 54-R-16, seconded by Ald. Fiske. The committee voted unanimously 4-0 to recommend approval of Resolution 54-R-16. (P2) Ordinance 49-O-16, Modifying Notice Requirement Provisions for Planning and Zoning Cases The Plan Commission and staff recommend approval of the Zoning Ordinance Text Amendment to establish an applicant’s responsibility for mailed noticing requirements for planning and zoning cases. The proposal allows the City to contract the mailing of notices for planning and zoning cases to a third party service and makes the applicant responsible for the cost of the mailing service. For Introduction DRAFT – NOT APPROVED 416 of 620 Planning & Development Committee Meeting Page 2 of 4 Minutes of July 11, 2016 Ald. Fiske moved to introduce Ordinance 49-O-16, seconded by Ald. Revelle. At Ald. Rainey’s request, Community Development Director Mark Muenzer stated that staff will be coordinating mailing notices with the vendor to ensure that staff is aware of who is being notified. At Ald. Rainey’s request, Director Muenzer stated that the third party service will directly invoice the applicant for the mailing costs. The committee voted unanimously 4-0 to introduce Ordinance 49-O-16. (P3) Ordinance 47-O-16, Planned Development, 1815 Ridge/Oak Avenue Staff recommends adoption of Ordinance 47-O-16 for approval of the Planned Development with rezoning from C2 Commercial to D4-Downtown Transition and a Special Use for Independent and Assisted Living units. The 10-story 163-unit residential building would consist of 102 independent and assisted living dwelling units, 31 Assisted Living units for residents with cognitive impairment, 30 memory care units and contain 67 parking spaces on site. The development includes one site development allowance for 102 dwelling units where a maximum 84 are allowed in the D4 zoning district. For Introduction Ald. Rainey moved to introduce Ordinance 47-O-16, seconded by Ald. Wilson. Michael McClean, developer, described changes to the project since the Plan Commission hearing. Mr. McClean stated that the gross height of the development has been decreased from 158 to 128 feet and the FAR has been decreased, resulting in a 20,000 SF reduction in square footage. Units have been changed to accommodate primarily assisted living residents (33 independent living units, 100 assisted living, 30 memory care units – 27% drop in independent dwelling units proposed). Employees at the building will be incentivized to take alternative modes of transportation and they will provide employees with a service bus and/or PACE bus passes. The proposal includes numerous right-of-way improvements including high- visibility crosswalks, count-down timers, bicycle parking, and public art installations. There will be the equivalent of 6 affordable housing units in the development, two on- site affordable units and a $400,000 contribution to the Affordable Housing Fund. Ryan Housekeeper, with Ridgeline Management, the operator, stated that the management company focuses on resident care to maximize their daily independence. He stated that the management company wants to locate in Evanston due to its overall accessibility and proximity to Northwestern University. Neighbors of the Planned Development (1800 and 1830 Homeowners Associations), represented by Dan Shapiro, stated that the Plan Commission has not seen the aforementioned changes made to the proposal. Mr. Shapiro expressed that the neighbors have concerns over the development’s compatibility with the surrounding area, 2009 Downtown Plan, and compliance with the Zoning Ordinance. Mr. Schapiro 417 of 620 Planning & Development Committee Meeting Page 3 of 4 Minutes of July 11, 2016 believes the project proposal offers amenities that fall under the “sheltered care” definition of the Municipal Code and would not be permitted in the D4 zoning district. At Ald. Fiske’s request, Mr. McClean stated that the mix of unit types changed in response to the community’s concerns over building height and density. At Ald. Fiske’s inquiry, Planning and Zoning Administrator Damir Latinovic said that based on services to be provided, this facility would not be classified as a sheltered care home, but rather as an assisted living facility. This also matches how State classifies the facility. Mr. McClean explained there is no possibility of this facility functioning as a sheltered care facility because the resident of a sheltered care facility would require different services. He stated it would be illegal for residents in need of sheltered care to live in the proposed facility under a state assisted living facility license. (Ald. Tendam arrived during P3) Four residents expressed concerns over compatibility with the Downtown Plan, Zoning Ordinance, firefighting logistics, financial success of project, memory care services, and density. At Ald. Revelle’s request, Mr. McClean stated that all residents are put through a health screening. Ald. Revelle asked how many residents are likely to stay mostly within the facility and how many are likely to venture out of the facility and Mr. Housekeeper responded that there will be a community bus for residents to use. Ald. Revelle inquired if the management company has any relationships with sister properties if residents need to be relocated. Mr. Housekeeper replied that there will be relationships built with other facilities in the area to provide different options for residents if necessary. At Ald. Wilson’s request, Mr. Housekeeper stated that proposed units would start around $3,950/month for independent units, $5,000 for assisted living units and $7,000 for memory care units. The committee voted 4-1 to introduce Ordinance 47-O-16, with Ald. Fiske dissenting. IV. ITEMS FOR DISCUSSION There were no items for discussion. V. COMMUNICATIONS There were no communications. 418 of 620 Planning & Development Committee Meeting Page 4 of 4 Minutes of July 11, 2016 VI. ADJOURNMENT Ald. Wilson moved to adjourn. The committee voted unanimously 5-0 to adjourn. The meeting was adjourned at 7:46 p.m. Respectfully submitted, April Swanson 419 of 620 For City Council meeting of July 25, 2016 Item P1 Ordinance 42-O-16, Application for Major Zoning Relief for Setbacks for Outdoor Storage Units & Reduction in Open Parking at 2020 Greenwood Street For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Damir Latinovic, Planning and Zoning Administrator Melissa Klotz, Zoning Planner Subject: Ordinance 42-O-16, Granting Major Zoning Relief for Setbacks for Outdoor Storage Units & Reduction in Open Parking at 2020 Greenwood Street Date: July 13, 2016 Recommended Action The Zoning Board of Appeals and City staff recommend approval of Ordinance 42-O-16 granting major zoning relief for a 2’ east interior side yard setback for self-storage units where 8’ is required, a 2’ south interior side yard setback for self-storage units where 8’ is required, and a decrease of on-site parking by 22 spaces where an increase of 3 parking spaces is required for a total of 10 parking spaces on site, where 82 parking spaces are required and 32 parking spaces currently exist. The applicant has complied with all other zoning requirements, and meets the standards for variations. As requested by the Zoning Board of Appeals, staff conducted a parking study to determine feasible options that may improve the on-street parking on Greenwood Street between Dodge and Hartrey Avenues. Details of the parking study findings are summarized below and the full study and memorandum from the Parking Division is attached. Background 2020 Greenwood Street is located on the south side of Greenwood Street, midblock between Dodge Avenue and Hartrey Avenue, in the I2 General Industrial District, and is surrounded by single- and two-family residences to the north, industrial and commercial uses to the east and south, and multifamily live-work units to the west. The property currently features a storage facility with 787 indoor storage units with approximately 90,000 square feet of storage space. The property features a surface parking lot east of the building with 32 parking spaces and four loading spaces. Chicago Northside Storage began operations in July 2015, and is currently 11% occupied. The facility is open via key Memorandum 420 of 620 code to storage customers 7 days a week from 6 am to 10 pm. The office hours are 10 am - 6 pm Monday-Friday and 10 am- 4 pm Saturday and Sunday. Proposal The applicant proposes to install a total of 25 portable outdoor self-storage units within the existing parking lot. The applicant proposes to install four 10’x10’ units in the north east corner of the property, 16 10’ x 20’ units along the east property line and five 10’ x 20’ units along the south property line. The units are located 2 feet from the east and south property lines where a minimum 8’ setback is required by Code. The installation of the 25 self-storage units results in the increase in the total number of required parking spaces from 79 to 82 parking spaces. However, the proposed storage units will be located within the existing parking lot and will result in the net loss from 32 to 10 on-site parking spaces. The existing four loading spaces remain. The zoning variations requested are summarized in the table below: 2020 Greenwood Street Required Existing Proposed East Side Yard Setback 8 ft. N/A 2 ft. South Side Yard Setback 8 ft. N/A 2 ft. Parking Requirement 82 spaces 32 spaces 10 spaces The applicant believes the new self-serve storage units are necessary because they will provide storage that is accessible by private vehicles that can pull right up to the units 24 hours a day. Customers renting those units will use key fobs to access the fenced in parking lot area. The applicant initially proposed to install the new outdoor storage units on the west side of the building to replace the existing green space. However, following a negative recommendation from the Design and Project Review Committee as well as objections from several residents in the area, the applicant revised his proposal and now proposes to install the units within the existing parking lot. The applicant held a neighborhood meeting that one neighbor attended who later spoke in support of the project at the ZBA hearing. Following the recommendation of the DAPR Committee, the applicant agreed to extend the public sidewalk along Greenwood Street for the entire length of the property, subject to the relocation of a ComEd utility pole and utility box, and to add landscape screening along the east and west sides of the gated entrance. 421 of 620 Proposed Site Plan (east portion of property) Parking Study: Per the recommendation of ZBA a parking study was conducted by staff to collect data on the usage of street parking on Greenleaf Street between Dodge and Hartrey Avenues. The study was done to determine what modifications could be made to increase the availability of on-street parking in the area. Based on the data and recommendation from parking division staff (attached), the following modifications could be made on the block: 422 of 620 • Change up to five existing angled parking spaces to 2-hour restricted parking to encourage parking turnover and availability for customers of businesses on Greenwood Street. • Change existing parallel parking spaces between Hartrey and Grey to angled parking spaces which will accommodate approximately 12 additional parking spaces. • Allow unrestricted parking on the north side of Greenwood Street between Brown and Dodge Avenues where parking is currently prohibited (due to semi-truck loading at 1900 Dodge that is no longer necessary per the property owner). Each option will increase the availability of on-street parking, but may not be palatable to adjacent property owners. Each option should be further explored with impacted neighbors before any changes to on-street parking shall occur. Legislative History April 5, 2016: The Zoning Board of Appeals recommended unanimous approval of the major zoning relief with the following conditions: 1. The applicant must extend the front sidewalk near the gated entry, subject to the relocation of the poles by ComEd that are deemed obstructions. 2. The applicant must add a landscaping buffer on the east and west sides of the gated entry. 3. If the City receives complaints arising from the applicant’s 24-hours of operation, the applicant must appear before the DAPR Committee, where DAPR is authorized to modify the business’s hours of operation. 4. The variation approval is subject to the self-storage business only. 5. The storage units must remain portable and may not be affixed to the ground. 6. The proposal must be in substantial compliance with the documents and testimony on record. Attachments Proposed Ordinance 42-O-16 Parking Study Memorandum from Rickey A. Voss, Parking/Fleet Manager Parking Study Data April 5, 2016 ZBA Meeting Minutes ZBA Findings Letter of Objection and Images Presented at ZBA April 5, 2016 ZBA Packet: http://www.cityofevanston.org/assets/zba-packet-20151215.pdf 423 of 620 4/7/2016 42-O-16 AN ORDINANCE Granting Major Variations Related to 2020 Greenwood Street in the I2 General Industrial District WHEREAS, John Cooper (the “Applicant”), owner of the property commonly known as 2020 Greenwood Street (the “Subject Property”), located within the I2 General Industrial Zoning District and legally described in Exhibit A, attached hereto and incorporated herein by reference, submitted an application seeking approval of Major Variations to zoning requirements imposed by Subsection 6-14-3-6(C) and Subsection 6-16-3-5 of Title 6 of the Evanston City Code of 2012, as amended (the “Zoning Ordinance”); and WHEREAS, the Applicant requests the following Major Variations: (A) The Applicant requests a two (2) foot east interior side yard setback for self- storage units where an eight (8) foot east interior side yard setback is required; (B) The Applicant requests a zero (0) foot south interior side yard setback for self- storage units where an eight (8) foot south interior side yard setback is required; (C) The Applicant requests to decrease the open parking by twenty-two (22) spaces where an increase of three (3) parking spaces is required and thirty-two (32) parking spaces currently exist, for a total of ten (10) parking spaces where eighty-two (82) parking spaces are required; and WHEREAS, on March 30, 2016, the Applicant submitted an amended application with a revised site plan, requesting that the original request for a zero (0) foot south interior side yard setback for self-storage units be increased to a two (2) foot 424 of 620 42-O-16 ~2~ south interior side yard setback where an eight (8) foot south interior side yard setback is required; and WHEREAS, on April 5, 2016, the Zoning Board of Appeals (“ZBA”), pursuant to proper notice, held a public hearing in case no. 16ZMJV-0013 to consider the amended application, received testimony, and made written records and findings that the application did meet the standards for Major Variations set forth in Subsection 6-3-8-12-(E) of the Zoning Ordinance and recommended City Council grant the Major Variations; and WHEREAS, at its meeting of July 25, 2016, the Planning and Development (“P&D”) Committee of the City Council received input from the public, carefully considered the ZBA’s record and findings and recommended the City Council accept the ZBA’s recommendation and approve the Major Variations in case no. 16ZMJV-0013; and WHEREAS, at its meetings of July 25, 2016 and August 15, 2016, the City Council considered and adopted the recommendation of the P&D Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Council hereby adopts the P&D Committee’s records, findings, and recommendations, and hereby approves, pursuant to Subsection 6-3-8-10-(D) of the Zoning Ordinance, the Major Variations on the Subject Property applied for in case no. 16ZMJV-0013 and described hereinabove. 425 of 620 42-O-16 ~3~ SECTION 3: The Major Variations approved hereby are as follows: (A) Approval to allow a two (2) foot east interior side yard setback on the Subject Property. Subsection 6-14-3-6(C) requires a minimum eight (8) foot east interior side yard setback on the Subject Property. (B) Approval to allow a two (2) foot south interior side yard setback on the Subject Property. Subsection 6-14-3-6(C) requires a minimum eight (8) foot south interior side yard setback on the Subject Property. (C) Approval to allow ten (10) parking spaces on the Subject Property. Subsection 6-16-3-5 requires a minimum of eighty-two (82) parking spaces on the Subject Property. SECTION 4: Pursuant to Subsection 6-3-8-14 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Major Variations granted hereby, violation of any of which shall constitute grounds for penalties or revocation thereof pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: (A) Compliance with Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with all applicable legislation, with the testimony and representations of the Applicant to the ZBA, the P&D Committee, and the City Council, and the approved plans and documents on file in this case. (B) Front Sidewalk: The Applicant must extend the front sidewalk near the gated entry, subject to the relocation of the poles by Commonwealth Edison (“ComEd”) that are deemed obstructions. (C) Landscaping: The Applicant must add a landscaping buffer on the east and west sides of the gated entry. (D) Design and Project Review Committee: The Applicant agrees that if the City of Evanston receives any complaints arising from the Applicant’s twenty-four (24) hours of operation, the Applicant must appear before the City’s Design and Project Review Committee (“DAPR”), where DAPR is authorized to modify the Applicant’s hours of operation. (E) Storage Units: The Applicant agrees that all storage units must remain portable and will not be affixed to the ground. 426 of 620 42-O-16 ~4~ SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 6: Except as otherwise provided for in this ordinance, all applicable regulations of the Zoning Ordinance and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 9: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 10: The findings and recitals herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 427 of 620 42-O-16 ~5~ Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 428 of 620 42-O-16 ~6~ EXHIBIT A Legal Description Lot 1 in E.N. Scully and Son’s Consolidation, a Subdivision of various parts of the Southeast ¼ of the Southwest ¼ of Section 13, Township 41 North, Range 13, East of the Third Principal Meridian, according to the Plat thereof recorded December 11, 1987 as Document 87656561, in Cook County, Illinois. PIN(S): 10-13-322-040-0000 Commonly Known As: 2020 Greenwood Street, Evanston, Illinois. 429 of 620 To: Melissa Klotz, Zoning Planner From: Rickey A. Voss, Parking/Fleet Manager Subject: Parking 2020 Greenwood Street Date: July 11, 2016 Summary: As requested parking staff conducted a parking survey to determine if the area was substantially impacted by parking in regards to students and employees of the various businesses. The survey was conducted from April 18 through April 22, 2016 from 8am to 6pm. (See attachment) The average occupancy rate indicates that the area at times is severely impacted. Staff captured 130 captured different license plates during the survey period. However other than 38 vehicles identified as either area residents or employees of businesses on Greenwood Street, there is no indication as to why the other 92 registered plates are parked in the area. It will have to be assumed that they were in the area as visitors of the businesses or residents and could include students of the High School. I visited the area just after the High School dismissed class es and I observed a number of students either walking to being dropped off in the area to pick up parked vehicles. A conservative estimate of the number student parkers was 10% or 13 vehicles. Based on the observations and survey results the following is a list of recommendations to be considered. All recommendations are subject to approval of the Traffic Engineer, ADA requirements, traffic flow, residents and businesses of the area and elected officials.  Establish no more the five (5) two hour restricted parking spaces. Memorandum 430 of 620 Page 2 of 2  Change paralell parking to angled parking on the south side of Greenwood Street from Hartrey Avenue to Grey Avenue if feasible.  Add additional legalized parking on the north side of Greenwood Avenue from Dodge Avenue west to Brown Avenue. (previously was no parking for semis to access loading bays at building on SW corner) ---------------------------------------------------------- Attachments: Copy of Parking Survey 431 of 620 1900-2000 Greenwood 4/18/2016 South Side of Greenwood Street Between:Occupancy Capacity 8 A.M.10 A.M. 12 P.M.2 P.M.4 P.M.6 P.M.Total Hartrey east to Grey 15 7 12 12 11 7 7 56 Grey east to 1st Driveway 22 14 16 16 15 13 5 79 1st Driveway east to 2nd Driveway 19 15 18 18 18 18 0 87 Total Occupancy 56 36 46 46 44 38 12 Percentage of Occupancy 8 A.M.10 A.M. 12 P.M.2 P.M.4 P.M.4 P.M.% Average Hartrey east to Grey 47%80%80%73%47%100%71% Grey east to 1st Driveway 64%73%73%68%59%36%62% 1st Driveway east to 2nd Driveway 79%95%95%95%95%0%76% Average Percentage of Occupancy 55%76%76%71%53%68%67% Duration Capacity 0-2 hrs 2-4 hrs 4-6 hrs 6-8 hrs 8-10 hrs 8-10 hrs Hartrey east to Grey 56 20 14 10 7 4 1 Grey east to 1st Driveway 79 20 18 15 13 10 3 1st Driveway east to 2nd Driveway 87 18 18 18 18 15 0 AREA TOTALS 58 50 43 38 29 4 Percentage of Duration 0-2 hrs 2-4 hrs 4-6 hrs 6-8 hrs 8-10 hrs 8-10 hrs Hartrey east to Grey 36%25%18%13%7%2%100% Grey east to 1st Driveway 25%23%19%16%13%4%100% 1st Driveway east to 2nd Driveway 21%21%21%21%17%0%100% Average Percentage of Duration 27%23%19%17%12%2%100% 1900-2000 Greenwood 4/19/2016 Occupancy Capacity 8 A.M.10 A.M. 12 P.M.2 P.M.4 P.M.6 P.M.Total Hartrey east to Grey 15 6 7 6 7 5 4 Grey east to 1st Driveway 22 10 14 12 9 8 7 1st Driveway east to 2nd Driveway 19 17 18 18 18 9 6 Total Occupancy 56 33 39 36 34 22 17 Percentage of Occupancy 8 A.M.10 A.M. 12 P.M.2 P.M.4 P.M.4 P.M.% Average Hartrey east to Grey 40%47%40%47%33%67%46% Grey east to 1st Driveway 45%64%55%41%36%70%52% 1st Driveway east to 2nd Driveway 89%95%95%95%47%35%76% Average Percentage of Occupancy 43%55%47%44%35%68%49% Duration Capacity 0-2 hrs 2-4 hrs 4-6 hrs 6-8 hrs 8-10 hrs 8-10 hrs Hartrey east to Grey 35 14 9 6 3 2 1 Grey east to 1st Driveway 60 16 13 12 8 7 4 1st Driveway east to 2nd Driveway 86 20 19 18 16 8 5 AREA TOTALS 50 41 36 27 17 10 Percentage of Duration 0-2 hrs 2-4 hrs 4-6 hrs 6-8 hrs 8-10 hrs 8-10 hrs Hartrey east to Grey 40%26%17%9%6%3%100% Grey east to 1st Driveway 27%22%20%13%12%7%100% 1st Driveway east to 2nd Driveway 23%22%21%19%9%6%100% Average Percentage of Duration 30%23%19%14%9%5%100% 1900-2000 Greenwood 4/20/2016 Occupancy Capacity 8 A.M.10 A.M. 12 P.M.2 P.M.4 P.M.6 P.M.Total Hartrey east to Grey 15 5 15 15 14 7 6 62 Grey east to 1st Driveway 22 18 21 21 19 7 6 92 1st Driveway east to 2nd Driveway 19 16 18 17 16 8 6 81 Total Occupancy 56 39 54 53 49 22 18 432 of 620 Percentage of Occupancy 8 A.M.10 A.M. 12 P.M.2 P.M.4 P.M.4 P.M.% Average Hartrey east to Grey 33%100%100%93%47%120%82% Grey east to 1st Driveway 82%95%95%86%32%33%71% 1st Driveway east to 2nd Driveway 84%95%89%84%42%38%72% Average Percentage of Occupancy 58%98%98%90%39%77%76% Duration Capacity 0-2 hrs 2-4 hrs 4-6 hrs 6-8 hrs 8-10 hrs 8-10 hrs Hartrey east to Grey 62 21 15 14 8 3 1 Grey east to 1st Driveway 92 18 21 21 19 7 6 1st Driveway east to 2nd Driveway 81 22 18 17 15 5 4 AREA TOTALS 61 54 52 42 15 11 Percentage of Duration 0-2 hrs 2-4 hrs 4-6 hrs 6-8 hrs 8-10 hrs 8-10 hrs Hartrey east to Grey 34%24%23%13%5%2%100% Grey east to 1st Driveway 20%23%23%21%8%7%100% 1st Driveway east to 2nd Driveway 27%22%21%19%6%5%100% Average Percentage of Duration 27%23%22%17%6%4%100% 1900-2000 Greenwood 4/21/2016 Occupancy Capacity 8 A.M.10 A.M. 12 P.M.2 P.M.4 P.M.6 P.M.Total Hartrey east to Grey 15 6 11 11 10 7 0 45 Grey east to 1st Driveway 22 12 18 19 19 10 8 86 1st Driveway east to 2nd Driveway 19 12 19 18 19 13 5 86 Total Occupancy 56 30 48 48 48 30 13 Percentage of Occupancy 8 A.M.10 A.M. 12 P.M.2 P.M.4 P.M.4 P.M.% Average Hartrey east to Grey 40%73%73%67%47%0%50% Grey east to 1st Driveway 55%82%86%86%45%67%70% 1st Driveway east to 2nd Driveway 63%100%95%100%68%42%78% Average Percentage of Occupancy 47%78%80%77%46%33%60% Duration Capacity 0-2 hrs 2-4 hrs 4-6 hrs 6-8 hrs 8-10 hrs 8-10 hrs Hartrey east to Grey 45 13 12 10 8 2 0 Grey east to 1st Driveway 86 22 20 17 14 8 5 1st Driveway east to 2nd Driveway 86 20 19 18 16 9 4 AREA TOTALS 55 51 45 38 19 9 Percentage of Duration 0-2 hrs 2-4 hrs 4-6 hrs 6-8 hrs 8-10 hrs 8-10 hrs Hartrey east to Grey 29%27%22%18%4%0%100% Grey east to 1st Driveway 26%23%20%16%9%6%100% 1st Driveway east to 2nd Driveway 23%22%21%19%10%5%100% Average Percentage of Duration 26%24%21%18%8%3%100% 1900-2000 Greenwood 4/22/2016 Occupancy Capacity 8 A.M.10 A.M. 12 P.M.2 P.M.4 P.M.6 P.M.Total Hartrey east to Grey 15 9 13 10 11 10 3 56 Grey east to 1st Driveway 22 17 19 19 19 13 5 92 1st Driveway east to 2nd Driveway 19 17 19 18 18 11 4 87 Total Occupancy 56 43 51 47 48 34 12 Percentage of Occupancy 8 A.M.10 A.M. 12 P.M.2 P.M.4 P.M.4 P.M.% Average Hartrey east to Grey 60%87%67%73%67%33%64% Grey east to 1st Driveway 77%86%86%86%59%29%71% 1st Driveway east to 2nd Driveway 89%100%95%95%58%24%77% Average Percentage of Occupancy 69%87%77%80%63%31%68% 433 of 620 Duration Capacity 0-2 hrs 2-4 hrs 4-6 hrs 6-8 hrs 8-10 hrs 8-10 hrs Hartrey east to Grey 56 21 13 10 8 4 0 Grey east to 1st Driveway 92 27 24 17 14 6 4 1st Driveway east to 2nd Driveway 87 22 20 18 18 8 1 AREA TOTALS 70 57 45 40 18 5 Percentage of Duration 0-2 hrs 2-4 hrs 4-6 hrs 6-8 hrs 8-10 hrs 8-10 hrs Hartrey east to Grey 38%23%18%14%7%0%100% Grey east to 1st Driveway 29%26%18%15%7%4%100% 1st Driveway east to 2nd Driveway 25%23%21%21%9%1%100% Average Percentage of Duration 31%24%19%17%8%2%100% 1900-2000 Greenwood 4/23/2016 (Saturday) Occupancy Capacity 8 A.M.10 A.M. 12 P.M.2 P.M.4 P.M.6 P.M.Total Hartrey east to Grey 15 5 5 5 5 7 6 33 Grey east to 1st Driveway 22 7 7 6 7 8 5 40 1st Driveway east to 2nd Driveway 19 8 11 10 11 9 7 56 Total Occupancy 56 20 23 21 23 24 18 Percentage of Occupancy 8 A.M.10 A.M. 12 P.M.2 P.M.4 P.M.4 P.M.% Average Hartrey east to Grey 33%33%33%33%47%120%50% Grey east to 1st Driveway 32%32%27%32%36%71%38% 1st Driveway east to 2nd Driveway 42%58%53%58%47%88%58% Average Percentage of Occupancy 33%33%30%33%42%96%44% Duration Capacity 0-2 hrs 2-4 hrs 4-6 hrs 6-8 hrs 8-10 hrs 8-10 hrs Hartrey east to Grey 33 12 7 5 4 3 2 Grey east to 1st Driveway 40 12 8 6 5 5 4 1st Driveway east to 2nd Driveway 56 13 12 11 9 7 4 AREA TOTALS 37 27 22 18 15 10 Percentage of Duration 0-2 hrs 2-4 hrs 4-6 hrs 6-8 hrs 8-10 hrs 8-10 hrs Hartrey east to Grey 36%21%15%12%9%6%100% Grey east to 1st Driveway 30%20%15%13%13%10%100% 1st Driveway east to 2nd Driveway 23%21%20%16%13%7%100% Average Percentage of Duration 30%21%17%14%11%8%100% 1900-2000 Greenwood 4/18/2016 - 4/22/2016 Occupancy Capacity 8 A.M.10 A.M. 12 P.M.2 P.M.4 P.M.6 P.M.Total Hartrey east to Grey 75 33 58 54 53 36 20 254 Grey east to 1st Driveway 110 71 88 87 81 51 31 409 1st Driveway east to 2nd Driveway 95 77 92 89 89 59 21 427 Total Occupancy 185 104 146 141 134 87 72 Percentage of Occupancy 8 A.M.10 A.M. 12 P.M.2 P.M.4 P.M.6 P.M.% Average Hartrey east to Grey 44%77%72%71%48%61%62% Grey east to 1st Driveway 65%80%79%74%46%44%65% 1st Driveway east to 2nd Driveway 81%97%94%94%62%27%76% Average Percentage of Occupancy 54%79%76%72%47%52%63% Duration Capacity 0-2 hrs 2-4 hrs 4-6 hrs 6-8 hrs 8-10 hrs 10-12 hrs Hartrey east to Grey 254 89 63 50 34 15 3 Grey east to 1st Driveway 409 103 96 82 68 38 22 1st Driveway east to 2nd Driveway 427 102 94 89 83 45 14 AREA TOTALS 192 159 132 102 53 25 Percentage of Duration 434 of 620 0-2 hrs 2-4 hrs 4-6 hrs 6-8 hrs 8-10 hrs 10-12 hrs Hartrey east to Grey 35%25%20%13%6%1% Grey east to 1st Driveway 25%23%20%17%9%5% 1st Driveway east to 2nd Driveway 24%22%21%19%11%3% Average Percentage of Duration 30%24%20%15%8%3%100% Registration Percentages Total # of Vehicles 130 100% Percentage Registered to Area 13 10% Percentage Registered to Other Evanston 43 33% Percentage Registered to Skokie 13 10% Percentage Registered Other (Chicago)35 27% Percentage No Record 5 4% Percentage Registered Other (Suburbs)17 13% Percentage Registered Out of State 4 3% Description 435 of 620 Page 1 of 4 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, April 5, 2016 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Myrna Arevalo, Mary Beth Berns, Lisa Dziekan, Violetta Cullen Members Absent: Scott Gingold, Matt Rodgers, Mary McAuley Staff Present: Melissa Klotz, Damir Latinovic Chair: Mary Beth Berns (Acting Chair) Declaration of Quorum With a quorum present, Chair Berns called the meeting to order at 7:03 pm. Approval of Minutes The minutes from the February 16, 2016 Zoning Board of Appeals meeting were motioned for approval by Ms. Cullen and seconded by Ms. Arevalo. The minutes were approved 3-0 with 1 abstention. New Business 2020 Greenwood Street ZBA 16ZMJV-0013 John Cooper, property owner, applies for major zoning relief to add self-service storage units where open parking currently exists at Chicago Northside Storage in the I2 General Industrial District. The applicant requests a 2’ east interior side yard setback for self -storage units where 8’ is required (Zoning Code Section 6-14-3-6-C), and a 0’ south interior side yard setback for self-storage units where 8’ is required (Zoning Code Section 6-14-3-6-C). The applicant also requests to decrease the open parking by 22 spaces where an increase of 3 parking spaces is required and 32 parking spaces currently exist, for a total of 10 parking spaces where 82 parking spaces are required (Zoning Code Section 6-16-3-5). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. On March 30, 2016, the applicant submitted revised plans and now requests a 2’ south interior side yard setback (instead of 0’setback as originally proposed) for self-storage units where 8’ is required (Zoning Code Section 6-14-3-6-C). All other variation requests remain. Ms. Klotz read the case into the record. David Meek, attorney, and John Cooper, property owner, explained the proposal:  Previously proposed storage units on west side of property but was discouraged by staff and neighbors due to loss of greenspace.  Now request to locate the units on the east side of the property.  Outdoor units will allow for 24 hour access and the ability to drive right up to the units, which is useful to customers such as contractors.  Reduced setbacks allow for easier vehicle maneuvering within the lot.  Units are not permanent structures, so they can be easily removed to restore the parking.  Request to have 10 parking spaces total and two loading bays on the east side of the building.  Loading bays do not count in the parking requirement, but they are essentially used as parking spaces.  For outdoor units, customers will park in front of the units to load/unload rather than park in actual striped parking spaces. 436 of 620 Page 2 of 4 Zoning Board of Appeals  Self-storage facilities need very little parking: ie. A facility with 800-1000 units needs 11- 16 parking spaces as an industry standard.  5 other facilities in the area that are similar in size have 10 or less parking spaces.  There is also street parking available, though it is not needed for this use (but customers could park there).  Other facilities in the area that have 1,000 units average 4.5 vehicle trips per hour on average.  Traffic count for this location (which is currently 11% occupied) is a maximum of 3 vehicles per hour (which occurred 2x in 100 days), and 8 instances of 2 vehicles per hour. All other times saw a maximum of 1 vehicle per hour.  Most customers are on site for approximately 3 hours for the initial load, then for about 10 minutes for any other trip.  Currently the parking area is used to park contractor vehicles (which will no longer be allowed in the variations are approved).  Agree to extend the sidewalk (upon ComEd’s relocation of equipment that is in the way), and landscape on both sides of the front gate – both of which are public benefits.  Held a neighborhood meeting on April 4, 2016 that one person attended, who supports the proposal and is in the ZBA audience. Ms. Dziekan asked why the outdoor units are needed if the facility is only 11% occupied, and the applicant explained the outdoor units appeal to contractors who need early morning access and want to drive right up to their units to move large items such as ladders. The applicant continued:  Other facilities in the area are 24 hours and are almost completely leased up.  The 24 hour access will be secured by a keypad, and every customer will have their own PIN that records who came and when. Ms. Cullen asked if the applicant expects the outdoor units to be fully occupied or only 11%, and the applicant explained the outdoor units will lease quickly because they are much more desirable for easy loading and unloading. The facility is 11% occupied because it recently opened, and it is expected to be half full by the end of 2016. Ms. Dziekan asked about the current business hours, whether the gate makes noise, and noted the office was not manned at 2pm the day of the ZBA hearing. The applicant explained:  The indoor facility is currently open 10am-6pm, but plans to expand to 9am-7pm in the future.  The office is typically manned during these hours.  The gate noise will be monitored to ensure it is not too loud.  All units feature month to month leases so if a specific customer is too loud, their lease can be terminated.  Will add “no loitering” signs Chair Berns noted her concerns with the proposed 2’ setback requests, and asked what happens to the outdoor units if the compliant 8’ setbacks are adhered to. The applicant explained:  8’ setbacks would prevent access to the building and loading area at the south end of the property.  Access to any other part of the lot would be difficult or impossible when a vehicle is parked in front of an outdoor unit to load/unload.  Vehicle maneuvering would be impossible – would not do outdoor units on the east side of the property then. 437 of 620 Page 3 of 4 Zoning Board of Appeals Chair Berns asked how it will be handled if someone has a vehicle in front of their outdoor unit that is blocking the indoor loading area, and the applicant responded that people are generally civil and work together to wait. Also, there are other loading areas to utilize. Chair Berns asked if the applicant investigated indoor units with direct garage door access by cutting door openings in the existing building, and the applicant said it was not considered because it would be cost prohibitive, would require reconfiguring the indoor layout, and mechanicals are in the way. Chair Berns asked if the facility could operate with a short period overnight that the facility is closed, rather than 24 hour access, since contractors in Evanston cannot begin work until 7am anyway and should therefore not need to access equipment from a storage unit before 5:30am at the earliest. The applicant responded the 24 hour access is a benefit to other users as well. It is convenient, though most customers do not access their units in the middle of the night. Chair Berns asked why the 4 units in the northeast corner of the property are needed, given how difficult it will be to access them. The applicant explained the only thing that space can be used for is outdoor units. The facility will only lease those units to people who feel comfortable maneuvering back to those units. Chair Berns responded that vehicles backed up to those units will protrude into the drive aisle at the gated entrance. The applicant said customers could park elsewhere and bring their items to those units. Ballards could be installed with no parking signs for those units if it is problematic. Lou & Charlie Booker, 2022 Lake Street, spoke in favor of the proposal. They explained the storage facility has been a good neighbor and has always worked to address neighbor concerns. The facility is applauded for leaving the greenspace on the west side of the property as is like the neighborhood desired. The facility is well landscaped and clean, and the sidewalk was extended where possible. The Block Club supports the proposal as well. The facility has even delivered items that were left by old customers to a family in need. Andy Spatz, 1900 Greenwood Street, submitted 10 photos and explained there is a lot of activity on that site and in the street parking area. The facility will be much busier with 24 hour access and when 90% occupied. What is the hardship? Mr. Spatz explained he is ok with outdoor units so long as they are properly screened and the on-site parking is maintained. He also asked where the 25 vehicles will park that are currently in the parking area that will feature the storage units. Chair Berns asked if anyone knows who parks in the street spaces. Mr. Spatz said the street spaces were not completely occupied last fall, so he assumes it is people working at or visiting the storage facility. Mr. Booker said high school students park there, and the City should stop that from happening. Ms. Dziekan asked for clarification about the soccer facility on Dempster, and Ms. Klotz explained the soccer facility drop off is on Greenwood as required by their special use permit. Children then walk through the greenspace area on the west portion of the lot to get to the soccer facility. The applicant summarized:  10 parking spaces should be enough.  If there are occasions where customers use the street parking, it would be very rare, and the street spaces are not typically occupied.  It is not convenient for customers to use the street parking, so they likely won’t.  The landscaping, screening, and sidewalk are all public benefits. The ZBA entered into Deliberation: Ms. Dziekan asked if stormwater management would be addressed if the units were placed on the west side of the property in the greenspace, and Ms. Klotz responded yes, City stormwater 438 of 620 Page 4 of 4 Zoning Board of Appeals requirements would have to be met. The original proposal for the units in that location was a concept plan only. Ms. Cullen asked for clarification regarding the ComEd pole and box, and Ms. Klotz explained ComEd has so far been non-responsive, but staff is still attempting to engage ComEd in relocating the equipment. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes Ms. Cullen motioned to recommend approval of the setback and parking variations with the following conditions: 1. Extend the sidewalk subject to ComEd relocating their equipment. 2. Add landscaping to the east and west of the front gate. 3. 24 hour operations shall be reevaluated by the DAPR Committee if complaints arise. 4. Outdoor units must remain portable and may not be affixed to the ground. 5. Approval is subject to the storage facility business only. 6. Substantial compliance with the documents and testimony on record. Additionally, Ms. Cullen asked staff to look into the on-street parking and modifying the parking requirements so that high school students do not use all of the spaces. The motion was seconded by Ms. Arevalo and unanimously approved. The meeting adjourned at 8:35pm. 439 of 620 FF II NN DD II NN GG SS FOR STANDARDS OF VV AA RR II AA TT II OO NN SS In the case of After conducting a public hearing on April 5, 2016, the Zoning Board of Appeals makes the following findings of fact, based upon the standards for major variances specified in Section 6-3-8-12 of the City Code: Standard Finding (A) The requested variation will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties; ___X___Met _____Not Met 4-0 (B) The requested variation is in keeping with the intent of the zoning ordinance; ___X___Met _____Not Met 4-0 (C) The alleged hardship or practical difficulty is peculiar to the property; ___X___Met _____Not Met 4-0 (D) The property owner would suffer a particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out; ___X___Met _____Not Met 4-0 Case Number: 16ZMJV-0013 Address or Location: 2020 Greenwood Street Applicant: John Cooper Proposed Zoning Relief: Add outdoor self-storage units with a 2’ east interior side yard setback where 8’ is required, a 2’ south interior side yard setback where 8’ is required, and eliminate 22 open parking spaces where an increase of 3 parking spaces is required and 32 spaces currently exist, for a total of 10 parking spaces where 82 parking spaces are required. 440 of 620 (E) The purpose of the variation is not based exclusively upon a desire to extract additional income from the property; or there is a public benefit; ___X___Met _____Not Met 4-0 (F) The alleged difficulty or hardship has not been created by any person having an interest in the property; __X___Met _____Not Met 4-0 (G) The requested variation is limited to the minimum change necessary to alleviate the particular hardship or practical difficulty which affects the property; __X___Met _____Not Met 4-0 and, based upon these findings, and upon a vote of __4__ in favor & __0__ against recommends to the City Council __X___ approval with conditions: 1. Extend front sidewalk near gated entry, subject to ComEd relocating poles that are in the way. 2. Add landscaping buffer on east and west sides of gated entry. 3. DAPR review is required after 6 months should the City receive any complaints due to 24 hours of operation and that DAPR can modify the hours. 4. Storage units must remain portable and not affixed to the ground. 5. Variation approval is subject to the self-storage business only. 6. Substantial compliance with the documents and testimony on record. _____ denial Attending: Vote: Aye No __X__ Violetta Cullen _X__ ____ __X__ Mary Beth Berns _X__ ____ _____ Mary McAuley ____ ____ _____ Matt Rodgers ____ ____ __X__ Lisa Dziekan _X__ ____ __X__ Myrna Arevalo _X__ ____ _____ Scott Gingold ____ ____ 441 of 620 1 Klotz, Melissa From:Muenzer, Mark Sent:Tuesday, April 05, 2016 2:11 PM To:Latinovic, Damir; Klotz, Melissa Subject:Fwd: 2020 greenwoood parking + ZBA (tonight's meeting) Attachments:ATT892494.htm; ATT892495.htm; ATT892496.htm; ATT892497.htm; ATT892498.htm; ATT892499.htm; ATT892500.htm; ATT892501.htm; ATT892502.htm; ATT892503.htm; ATT892504.htm; 2020 greenwood ZBA 16ZMJV-0013.pdf; ATT892505.htm FYI. MM Mark E. Muenzer Director of Community Development City of Evanston 847.448.8022 Begin forwarded message: From: "Andrew J. Spatz" <aspatz122@gmail.com> To: "'Peter Braithwaite'" <pcbraithwaite@gmail.com> Cc: "'Muenzer, Mark'" <mmuenzer@cityofevanston.org>, "'Holmes, Delores'" <dholmes@cityofevanston.org>, "mwynne@cityofevanston.org" <mwynne@cityofevanston.org>, "erevelle@cityofevanston.org" <erevelle@cityofevanston.org>, "bmiller@cityofevanston.org" <bmiller@cityofevanston.org>, "mark.tendam@comcast.net" <mark.tendam@comcast.net>, "dwilson@cityofevanston.org" <dwilson@cityofevanston.org>, "annrainey8@aol.com" <annrainey8@aol.com>, "burrus-9thward@live.com" <burrus-9thward@live.com>, "etisdahl@cityofevanston.org" <etisdahl@cityofevanston.org>, "jfiske@cityofevanston.org" <jfiske@cityofevanston.org>, "jgrover@cityofevanston.org" <jgrover@cityofevanston.org>, "ljean- baptiste@cityofevanston.org" <ljean-baptiste@cityofevanston.org>, "pbraithwaite@cityofevanston.org" <pbraithwaite@cityofevanston.org>, "wilson4th@aol.com" <wilson4th@aol.com> Subject: 2020 greenwoood parking + ZBA (tonight's meeting) Hi peter, As owner of 1900 greenwood and our previous conversations, I am very concerned about john cooper’s request outlined below. Per ZBA 16ZMJV-0013 (see attached) request by john cooper on tonight’s agenda, he proposes to DECREASE parking requirements by 22 spaces at 2020 greenwood to facilitate 50 new outdoor storage units being located in the existing parking area (see photo 4). Users of this facility arrive almost exclusively by car or truck, especially trade contractors. Public transportation for this use is inadequate. I do not think it is fair to the other property owners nor good for the neighborhood that makes use of the street parking to further REDUCE this availability. The additional vehicles need to go somewhere. I know you are aware of the congestion that already exists from the soccer club users. 442 of 620 2 Other solutions are available such as developing the vacant land to the west or adding indoor parking. Obviously these require additional investment by mr. cooper for which he receives additional return. In every project we have developed over the last 20 years in Evanston, we have exceeded the city onsite parking requirements. Several projects had NO onsite requirements since code did not require any, yet we created more than adequate onsite parking. For example, at our project at dewey/payne, voluntarily we added 46 exterior and interior parking spaces per our choice (see photo 10). Actually, this is one of the reasons our business operates consistently at zero vacancy. I will attend tonight’s ZBA meeting and need your support on this. To me, this user is adding to the existing over saturated parking situation and beyond their fair share of density in this neighborhood. I will be speaking at the meeting accordingly. I have NEVER asked for your assistance on similar matters to date, but I need it on this. I see no reason for this operating facility NOT to be held to the existing code especially since there are other solutions available. I phoned you yesterdaydo you have time to speak lat er today? Thanks in advance, andy 443 of 620 444 of 620 445 of 620 446 of 620 447 of 620 448 of 620 449 of 620 450 of 620 451 of 620 452 of 620 453 of 620 For City Council meeting of July 25, 2016 Item P2 Ordinance 95-O-16 Application for a Special Use for a Craft Brewery, North Shore Cider Company, at 707 Howard Street For Introduction & Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Damir Latinovic, Planning and Zoning Administrator Melissa Klotz, Zoning Planner Subject: Ordinance 95-O-16, Granting a Special Use for a Craft Brewery, North Shore Cider Company, at 707 Howard Street Date: July 11, 2016 Recommended Action The Zoning Board of Appeals and City staff recommend adoption of Ordinance 95-O-16 granting special use approval for a Craft Brewery, North Shore Cider Company, at 707 Howard Street in the B3 Business District. The applicant has complied with all zoning requirements and meets all of the standards for a special use for this district. Suspension of the Rules is requested for Introduction and Action by City Council on July 25, 2016. Summary 707 Howard Street Units B & C are located at the westernmost portion of the building at the northwest corner of Howard Street and Custer Avenue in the B3 Business District and are surrounded by commercial uses to the east, west, and south, and multi-family residences to the north. Units B & C have been vacant for several years, and were last occupied by a religious institution. The applicant proposes to operate North Shore Cider Company, a Craft Brewery that will produce apple and pear cider from fruit juice delivered to the facility. Yeast is added to the juice to ferment into alcoholic cider, which is then chilled and bottled on-site. Cider brewing produces fewer odors than beer brewing because apple/pear juice contains sugar initially whereas beer requires chemical reactions of enzymes activing into sugar, which produces odors. Therefore, cider brewing has no steam byproduct to vent out of the building and will only feature a typical building exhaust system. The space comprises approximately 2,400 square feet. The front 500 square feet will feature retail sales and cider tasting area, and will operate Thursday-Friday from 3pm – Memorandum 454 of 620 7:30pm, and Saturday-Sunday from noon-4pm. Tastings will be limited to one ounce cups. The remaining space will be utilized for cider production, bottling, and storage. The applicant expects to obtain a P-3 liquor license. No special events are currently planned, but events such as facility tours may occur in the future. Retail sales will include bottles, growlers, howlers, and kegs. Juice deliveries to the property will occur once per week after apples and pears are harvested from October to December. Other deliveries including bottles and carbon dioxide will occur year round. All deliveries will occur via the alley between the hours of 9am-5pm. All cider will be brewed within a three month period following the harvest season. The remaining months will be used for bottling and packaging. The applicant expects to produce 6,000 gallons (200 barrels) of cider in the first production year, and will make local cider deliveries using his personal vehicle. There are two parking spaces behind the building for employee parking, as well as a loading area for deliveries. No exterior changes to the building are proposed other than signage and the removal of the blue and orange laminate on the storefront windows. City staff is not aware of any concerns from neighboring property owners. The applicant expects the business will open in late fall. Comprehensive Plan The Evanston Comprehensive General Plan encourages the use of vacant spaces along existing commercial corridors to enhance the vibrancy of business districts. The Comprehensive Plan specifically includes: Goal: Promote the growth and redevelopment of business, commercial, and industrial areas. Policy: Encourage the location of new or expanding businesses in existing commercial and mixed-use locations that would benefit from redevelopment… Policy: Continue to promote the revitalization of the Howard Street corridor… Retail/Tasting ↓ Storage/Bottling ↓ Brewing ↑ 455 of 620 The proposed business will occupy a currently inactive space and will encourage pedestrian activity that may then patronize surrounding businesses in the Howard Street corridor. Legislative History July 5, 2016: The ZBA unanimously recommended approval of the special use for a Craft Brewery, North Shore Cider Company, with the following conditions which are incorporated in the Ordinance: 1. Retail hours of operation not to exceed 10am-10pm Sunday-Thursday, and 10am – midnight Friday and Saturday. 2. Two on-site parking spaces are required to remain. 3. Substantial compliance with the documents and testimony on record. Attachments Proposed Ordinance 95-O-16 July 5, 2016 ZBA Draft Meeting Minutes ZBA Findings July 5, 2016 ZBA Packet – http://www.cityofevanston.org/assets/ZBA-packet-20160705.pdf 456 of 620 7/13/2016 95-O-16 AN ORDINANCE Granting a Special Use Permit for a Craft Brewery Located at 707 Howard Street in the B3 Business District (“North Shore Cider Company”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on July 5, 2016, pursuant to proper notice, to consider case no. 16ZMJV-0049, an application filed by Christopher Collins, potential lessee for the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 707 Howard Street (the “Subject Property”) and located in the B3 Business District, for a Special Use Permit for a Craft Brewery, pursuant to Subsection 6-9-4-3 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”) on the Subject Property; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and written findings that the application for a Special Use Permit for a Craft Brewery met the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of July 25, 2016, the Planning and Development Committee of the City Council (“P&D Committee”) considered the ZBA’s record and findings and recommended the City Council accept the ZBA’s recommendation and approve the application in case no. 16ZMJV-0049; and WHEREAS, at its meeting of July 25, 2016, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, as amended, 457 of 620 95-O-16 ~2~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Craft Brewery on the Subject Property as applied for in case no. 16ZMJV-0049. SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant’s Special Use Permit, violation of any of which shall constitute grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: A. Compliance with Applicable Requirements: The Applicant must develop and use the Subject Property in substantial compliance with: all applicable legislation; the Applicant’s testimony and representations to the ZBA, the P&D Committee, and the City Council; and the approved plans and documents on file in this case. B. Hours of Operation: The Applicant must operate the Craft Brewery authorized by this ordinance only between the hours of 10:00 am to 10:00 pm on any given Sunday through Thursday and between the hours of 10:00 am to 12:00 am on any given Friday and Saturday. C. Parking: The Applicant must have two (2) on-site parking spaces. D. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant must record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 458 of 620 95-O-16 ~3~ SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 459 of 620 95-O-16 ~4~ EXHIBIT A LEGAL DESCRIPTION LOTS 38 THROUGH 41 IN BLOCK 8 IN BRUMMEL AND CASE HOWARD TERMINAL ADDITION, A SUBDIVISION OF ALL THAT PART OF THE NORTHWEST ¼ OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST ¼, THENCE NORTH ON EAST LINE OF NORTHWEST ¼ OF SECTION, 13.65 CHAINS; THENCE WEST 19 CHAINS TO INTERSECTION WITH CENTER LINE OF RIDGE ROAD; THENCE SOUTH 5 DEGREES EAST ON CENTER LINE OF RIDGE ROAD TO SOUTH LINE OF SOUTHEAST ¼ OF NORTHWEST ¼, THENCE EAST ON SOUTH LINE OF SOUTHEAST ¼ OF NORTHWEST ¼, 14.99 CHAINS TO THE PLACE OF BEGINNING (EXCEPT PUBLIC STREETS AND HIGHWAYS), IN COOK COUNTY, ILLINOIS. PIN: 11-30-124-032-0000 COMMONLY KNOWN AS: 707 Howard Street, Evanston, Illinois. 460 of 620 Page 1 of 4 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, July 5, 2016 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Mary Beth Berns, Violetta Cullen, Mary McAuley, Lisa Dziekan Members Absent: Scott Gingold, Myrna Arevalo, Staff Present: Melissa Klotz, Damir Latinovic Chair: Mary Beth Berns Declaration of Quorum With a quorum present, Chair Berns called the meeting to order at 7:00 pm. Approval of Minutes The minutes from the June 7, 2016 Zoning Board of Appeals meeting were motioned for approval with one change by Ms. Arevalo and seconded by Ms. McAuley. The minutes were approved 4-0. New Business 707 Howard Street ZBA 16ZMJV-0049 Christopher Collins, potential lessee, applies for a special use permit for a Craft Brewery, North Shore Cider Company, in the B3 Business District, which requires a special use permit for a Craft Brewery to operate (Zoning Code Section 6-9-4-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Mr. Collins explained the proposal:  Has been an amateur cider-maker for +6 years but has not produced commercially yet  Juice is shipped from Earth First Farms in Michigan  Will sell retail hard cider for off-site consumption, and incidental retail apparel  Retail hours of 3:30-7:30pm Thursday and Friday, and from noon-4pm Saturday and Sunday  Retail space in the front portion of the building and cider production in the rear.  Deliveries will occur between 9am-5pm only and will consist of containers of juice delivered October-December 1x per week by box truck. CO2 and bottles will be delivered 1x per month year round by box truck.  2 existing parking spaces behind the building off of the alley and one loading space that can be used for parking when there are no deliveries scheduled.  No smell produced because there is no brewing like with beer and the malt/hops.  Juice is already pasteurized  1 employee to start, but hope to add one more employee after a few months  No exterior changes to the building other than signage  No special events currently planned, but maybe occasionally in the future  Know of one similar cider company in the area located in Chicago Ms. McAuley said the location would be great for more special events, and noted the applicant should speak to their alderman about an apprentice program for the second employee. The ZBA entered into Deliberation: 461 of 620 Page 2 of 4 Zoning Board of Appeals The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Ms. McAuley motioned to recommend approval of the special use, which was seconded by Ms. Cullen with the following conditions: 1. Retail hours of operation not to exceed 10am-10pm Sunday-Thursday, and 10am – midnight Friday and Saturday. 2. 2 on-site parking spaces are required. 3. Substantial compliance with the documents and testimony on record. The special use was unanimously recommended for approval with the noted conditions. 1919 Church Street ZBA 15ZMJV-0114 Robert Edelman, contractor, applies for a special use permit and major zoning relief to replace existing ComEd equipment in the B2 Business District and the oWE West Evanston Overlay District, which requires a special use permit for a Public Utility (Zoning Code Section 6-9-3-3). The applicant requests to replace existing utility equipment with “DC-in-a-box” utility equipment screened from the right-of-way by landscaping where screening by landscaping and a solid fence is required (Zoning Code Section 6-15-15-XXI-C-1), landscaping where landscaping and a 3’-4’ steel or PVC picket fence is required to screen open parking from the right-of-way along Brown Avenue (Zoning Code Section 6-15-15-XVIII-B-5), and a continuous hedge with plantings spaces 48” on center where a continuous hedge with plantings spaced 36” on center is required (Zoning Code Section 6-15-15-XXI-C-2). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. ZBA 16ZMJV-0020 Ms. Klotz read the case into the record. Darren Boundy, representative for ComEd, explained the proposal:  New equipment does not need fencing for safety or by ComEd standards, and Alderman, residents, and staff prefer no fencing.  New equipment will increase reliability because it can switch over during blackouts much easier and faster. Ms. Cullen asked about the size of the new equipment, and Mr. Boundy responded that the largest equipment box is approximately 9’ x 8’. The total footprint of the equipment won’t be reduced, but the bulk will be. Ms. McAuley noted the existing landscaping is overgrown, and asked how the proposed landscaping will be maintained. Robert Edelman, representative for ComEd explained:  Landscaping contractor picked plants that have quick grown with minimal watering so plants won’t die without irrigation.  Do not have a landscaping maintenance contract, but have internal ComEd landscaping maintenance that is done as needed.  The landscape design is proposed with spacing for plant growth planned in. 462 of 620 Page 3 of 4 Zoning Board of Appeals  2 existing trees fronting Church Street will be trimmed back to provide adequate sight under the tree canopies.  Any accumulation of litter on the site will be picked up by ComEd as necessary.  Overall idea is to buffer the equipment but maintain a line of sight into the property for safety reasons for the neighborhood. Ms. McAuley noted it would be great if ComEd would post a contact number for landscaping maintenance on the property so they can be easily reached if necessary. Chair Berns asked about the noise level of the existing equipment versus the new equipment, and Mr. Edelman responded there is no change in the noise level. Ms. Dziekan asked how involved Y.O.U. has been throughout the process and if they are aware of the full plan. Mr. Edelman responded:  The Y.O.U. architect was present at both DAPR meetings, and ComEd had meetings to discuss construction schedules and make sure each other’s construction would not be impacted.  The Y.O.U. building construction will be completed prior to the ComEd equipment switch.  Trash bins surround the general area so hopefully trash will not accumulate around the equipment.  Will post signage with a phone number people can call if landscaping needs maintenance. Ms. Cullen asked if the ComEd upgrade is planned because of the new Y.O.U. building, and Mr. Edelman responded no, it is a planned standard upgrade. The ZBA entered into Deliberation: Ms. Dziekan noted the proposal will have less visual impact than the current equipment. The proposal is a nice upgrade that goes well with the new Y.O.U. building. Ms. Cullen agreed. The Standards for Special Use were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes The Standards for Variation were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes The special use was motioned to recommend approval by Ms. Cullen and seconded by Ms. McAuley, and unanimously recommended for approval. Ms. Klotz clarified the variations shall be determined by the City Council since the special use is determined by City Council. 463 of 620 Page 4 of 4 Zoning Board of Appeals Ms. Cullen motioned to recommend approval of the variations, which was seconded by Ms. McAuley and unanimously recommended for approval. Other Business Election of ZBA Vice-Chair Ms. McAuley motioned to postphone the election of ZBA Vice-Chair to the next regularly scheduled ZBA hearing when more ZBA members would be present. Ms. Cullen seconded the motion, which was unanimously approved. The meeting adjourned at 7:50pm. 464 of 620 P LANNING AND Z ONING D IVISION 847-448-8230  zoning@cityofevanston.org Community Development Department  www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3202 Evanston, IL 60201 FF II NN DD II NN GG SS FOR STANDARDS OF SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS In the case of After conducting a public hearing on July 5, 2016, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearings, based upon the standards for special uses specified in Section 6-3-5-10 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 4-0 (B) It is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance as amended from time to time; ___X___Met _____Not Met Vote 4-0 (C) It will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use upon the city as a whole; ___X___Met _____Not Met Vote 4-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 4-0 Case Number: 16ZMJV-0049 Address or Location: 707 Howard Street Units B & C Applicant: Christopher Collins Proposed Special Use: Craft Brewery, North Shore Cider Company 465 of 620 P LANNING AND Z ONING D IVISION 847-448-8230  zoning@cityofevanston.org Community Development Department  www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3202 Evanston, IL 60201 (E) It can be adequately served by public facilities and services ___X___Met _____Not Met Vote 4-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 4-0 (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 4-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 4-0 (I) It complies with all other applicable regulations of the district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the grant of a variation. ___X___Met _____Not Met Vote 4-0 and, based upon these findings, and upon a vote __4__ in favor & __0__ against Recommends to the City Council _____ approval without conditions _____ denial of the proposed special use __x__ approval with conditions specifically: 1. Retail hours of operation not to exceed 10am-10pm Sunday-Thursday, and 10am – midnight Friday and Saturday. 2. Two on-site parking spaces are required to remain. 3. Substantial compliance with the documents and testimony on record. Attending: Vote: Aye No ___X__ Mary Beth Berns __X__ ____ _______ Myrna Arevalo _____ ____ _______ Scott Gingold _____ ____ ___X___ Violetta Cullen __X__ ____ ___X___ Lisa Dziekan __X__ ____ ___X___ Mary McAuley __X__ ____ 466 of 620 For City Council meeting of July 25, 2016 Item P3 Ordinance 96-O-16 Application for a Special Use for a Public Utility and Major Zoning Relief for Landscaping & Fencing at 1919 Church Street For Introduction & Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Damir Latinovic, Planning and Zoning Administrator Melissa Klotz, Zoning Planner Subject: Ordinance 96-O-16, Granting a Special Use for a Public Utility and Major Zoning Relief for Landscaping & Fencing at 1919 Church Street Date: July 11, 2016 Recommended Action The Zoning Board of Appeals and City staff recommend adoption of Ordinance 96-O-16 granting special use approval for a Public Utility for the replacement of existing ComEd equipment with “DC-in-a-box” utility equipment, and major zoning relief to screen utility equipment and open parking with landscaping where landscaping and a solid fence is required, with a continuous hedge of plantings spaces 48” on center where plantings are required to be spaced 36” on center, at 1919 Church Street. The applicant has complied with all other zoning requirements, and meets all of the standards for special use and major variation in the B2 Business District and the oWE West Evanston Overlay District. Suspension of the Rules is requested for Introduction and Action by City Council on July 25, 2016. Summary 1919 Church Street is located at the northeast corner of Church Street and Brown Avenue in the B2 Business District and oWE West Evanston Overlay District and is surrounded by single family residences to the north and west, the new Y.O.U. facility currently under construction to the east, and ETHS to the south. The property currently features ComEd equipment and is enclosed by a chain link fence. Utility Equipment: The upgrade to ComEd utility equipment requires Special Use approval. ComEd proposes to replace an existing distribution center with a smaller, more reliable, and higher efficiency “DC-in-a-box” distribution center. The new equipment will increase capacity, reliability, and will provide better back-up abilities should other distribution Memorandum 467 of 620 centers fail during inclement weather. The new equipment is smaller in size and does not necessitate fencing for safety. The proposal includes the replacement of all electrical equipment on the property with one new box that is 8.5’ in height and three smaller boxes that range from 5.3’ – 6.2’ in height. Each box is tamper proof, locked, and safe to touch or climb on (though not advised). Each box is located on a concrete pad, with gravel infill surrounding the entire distribution center area. All equipment will be surrounded by a landscaping hedge as well as existing and new trees. ComEd no longer fences this type of equipment since it is safely enclosed and so that animals/humans cannot become trapped in the area. The north portion of the property features a parking pad off of the alley that will be used by ComEd maintenance vehicles. Landscaping: The applicant is requesting a major variation to install evergreen landscaping hedge 48’ apart on center where minimum 36” separation is required for screening of the utility equipment from the right-of-way. Staff and the DAPR Committee specifically requested less landscaping than the Zoning Ordinance requires so that the utility equipment is adequately screened, but not fully obscured. Solid landscaping at the site could encourage dumping and/or safety issues since the interior of the property would not be 468 of 620 visible at all from the right of way and given the site’s location next to the new Y.O.U facility and ETHS. The proposed evergreen hedge would be spaced 48” on center with a mature planting height of 6’-8” (3’ height when planted). The two existing trees near Church Street will be trimmed to provide better visibility under the canopy. Proposed Utility Equipment and Landscaping (view from Brown Avenue): Fencing: The applicant is also requesting approval of major variation to not install a fence around the equipment and parking area as required by Code for additional screening. Fencing at the site could also encourage dumping and/or safety issues, and could entrap small animals. Fencing is also not necessary surrounding the parking area since vehicles will rarely utilize the parking spaces. Conclusion: City staff is not aware of any objections to the proposal, and finds the increased utility reliability and extensive aesthetic improvements beneficial to the community. The upgrades proposed at the property will blend well with the adjacent redevelopment and landscaping at the Y.O.U. property to the east. ComEd also worked extensively with City staff to determine if a City parking lot could be designed at the property, though the distancing requirements for the utility equipment and the extensive parking and landscaping requirements of the oWE West Evanston Overlay District made the parking lot impractical. 469 of 620 Comprehensive Plan The Evanston Comprehensive General Plan encourages the enhancement of neighborhoods through improved infrastructure and safety through design. The proposed replacement of ComEd utility equipment with “DC-in-a-box” equipment and a continuous landscaping hedge surrounding the equipment will benefit the neighborhood with more reliable infrastructure at an aesthetically improved property. The Comprehensive Plan specifically includes: Goal: To maintain and enhance utility systems that enable both quality community service and economic development throughout Evanston. Objective: Maintain Evanston policies and agreements relating to energy and telecommunication services current with industry changes. The proposal will improve utility functionality and reliability while also improving the aesthetics of the property through adequate landscaping. Legislative History July 5, 2016: The ZBA recommended unanimous approval of the special use and variations. Attachments Proposed Ordinance 96-O-16 ZBA Findings July 5, 2016 Draft ZBA Meeting Minutes Link to July 5, 2016 ZBA Packet http://www.cityofevanston.org/assets/ZBA-packet-20160705.pdf 470 of 620 7/13/2016 96-O-16 AN ORDINANCE Granting a Special Use Permit and Major Variations to Replace Electrical Equipment Located at 1919 Church Street in the B2 Business District and the oWE West Evanston Overlay District WHEREAS, the Zoning Board of Appeals (“ZBA”) met on July 5, 2016, pursuant to proper notice, to consider case no. 15ZMJV-0114, an application filed by Robert Edelman, contractor for the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 1919 Church Street (the “Subject Property”) and located in the B2 Business District and the oWE West Evanston Overlay District, for a Special Use Permit and a Major Variation to replace, pursuant to Subsections 6-9-3-3 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), electrical equipment on the Subject Property; and WHEREAS, the Applicant requests the following Major Variation: (A) The Applicant requests to replace existing utility equipment with a distribution center in a box (“DC in a Box”) utility equipment screened from the right-of-way by landscaping where screening by both landscaping and a solid fence is required; (B) The Applicant requests to landscape to screen open parking form the right-of- way along Brown Avenue where landscaping and a three (3) to four (4) foot steel or polyvinyl chloride (“PVC”) picket fence is required to screen open parking form the right-of-way along Brown Avenue; 471 of 620 96-O-16 ~2~ (C) The Applicant requests a continuous hedge with plantings forty-eight (48) inches on center where a continuous hedge with plantings spaced thirty-six (36) inches on center is required; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and written findings that the application for a Special Use Permit and a Major Variation met the standards for Special Uses in Section 6-3-5-10 and 6-3-8-12 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of July 25, 2016, the Planning and Development Committee of the City Council (“P&D Committee”) considered the ZBA’s record and findings and recommended the City Council accept the submitted site plans and approve the application in case no. 15ZMJV-0114; and WHEREAS, at its meetings of July 25, 2016 and August 15, 2016, the City Council considered the submitted application and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, as amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: The City Council hereby adopts the P&D Committee’s records, findings, and recommendations, and hereby approves, pursuant to Subsection 6-3-8-10(D) of the Zoning Ordinance, the Special Use Permit for a Public Utility and the Major Variations on the Subject Property applied for in case no. 15ZMJV-0114 and described hereinabove. 472 of 620 96-O-16 ~3~ SECTION 3: The Major Variation approved hereby is as follows: (A) Approval to replace existing utility equipment with DC in a Box utility equipment screened from the right-of-way by landscaping. Subsection 6-15-15(XXI)(C)(1) requires screening by landscaping and a solid fence for the installation of utility equipment on the Subject Property. (B) Approval to permit only landscaping to screen open parking from the right-of-way along Brown Avenue. Subsection 6-15-15(XVIII)(B)(5) requires landscaping and a three (3) to four (4) foot steel or PVC picket fence to screen open parking from the right-of-way along Brown Avenue on the Subject Property. (C) Approval to permit a continuous hedge with plantings spaces forty-eight (48) inches on center. Subsection 6-15-15(XXI)(C)(2) requires a continuous hedge with plantings spaces thirty-six (36) inches on center on the Subject Property. SECTION 3: Pursuant to Subsection 6-3-5-12 and 6-3-8-14 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant’s Special Use Permit and Major Variation, violation of any of which shall constitute grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: A. Compliance with Applicable Requirements: The Applicant must develop and use the Subject Property in substantial compliance with: all applicable legislation; the Applicant’s testimony and representations to the ZBA, the P&D Committee, and the City Council; the General Site Plan in Exhibit B, attached hereto and incorporated herein by reference; and the approved plans and documents on file in this case. B. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant must record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 473 of 620 96-O-16 ~4~ SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 474 of 620 96-O-16 ~5~ EXHIBIT A LEGAL DESCRIPTION LOTS 51 & 52, IN BLOCK 1, IN J.S. HOVLAND’S EVANSTON SUBDIVISION OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, SITUATED IN THE CITY OF EVANSTON, IN THE COUNTY OF COOK, IN THE STATE OF ILLINOIS. PIN: 10-13-119-069-0000 COMMONLY KNOWN AS: 1919 Church Street, Evanston, Illinois. 475 of 620 96-O-16 ~6~ EXHIBIT B GENERAL SITE PLAN 476 of 620 477 of 620 P LANNING AND Z ONING D IVISION 847-448-8230  zoning@cityofevanston.org Community Development Department  www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3202 Evanston, IL 60201 FF II NN DD II NN GG SS FOR STANDARDS OF SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS In the case of After conducting a public hearing on July 5, 2016, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearings, based upon the standards for special uses specified in Section 6-3-5-10 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 4-0 (B) It is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance as amended from time to time; ___X___Met _____Not Met Vote 4-0 (C) It will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use upon the city as a whole; ___X___Met _____Not Met Vote 4-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 4-0 Case Number: 15ZMJV-0114 Address or Location: 1919 Church Street Applicant: Robert Edelman Proposed Special Use: Public Utility, ComEd “DC-in-a-box” 478 of 620 P LANNING AND Z ONING D IVISION 847-448-8230  zoning@cityofevanston.org Community Development Department  www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3202 Evanston, IL 60201 (E) It can be adequately served by public facilities and services ___X___Met _____Not Met Vote 4-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 4-0 (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 4-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 4-0 (I) It complies with all other applicable regulations of the district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the grant of a variation. ___X___Met _____Not Met Vote 4-0 and, based upon these findings, and upon a vote __4__ in favor & __0__ against Recommends to the City Council __X__ approval without conditions _____ denial of the proposed special use _____ approval with conditions specifically: Attending: Vote: Aye No ___X__ Mary Beth Berns __X__ ____ _______ Myrna Arevalo _____ ____ _______ Scott Gingold _____ ____ ___X___ Violetta Cullen __X__ ____ ___X___ Lisa Dziekan __X__ ____ ___X___ Mary McAuley __X__ ____ 479 of 620 FF II NN DD II NN GG SS FOR STANDARDS OF VV AA RR II AA TT II OO NN SS In the case of After conducting a public hearing on July 5, 2016, the Zoning Board of Appeals makes the following findings of fact, based upon the standards for major variances specified in Section 6-3-8-12 of the City Code: Standard Finding (A) The requested variation will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties; ___X___Met _____Not Met 4-0 (B) The requested variation is in keeping with the intent of the zoning ordinance; ___X___Met _____Not Met 4-0 (C) The alleged hardship or practical difficulty is peculiar to the property; ___X___Met _____Not Met 4-0 (D) The property owner would suffer a particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out; ___X___Met _____Not Met 4-0 (E) The purpose of the variation is not based exclusively upon a desire to extract additional income from the property; or there is a public benefit; ___X___Met _____Not Met 4-0 Case Number: 15ZMJV-0114 Address or Location: 1919 Church Street Applicant: Robert Edelman Proposed Zoning Relief: Landscaping & Fencing around Public Utility 480 of 620 (F) The alleged difficulty or hardship has not been created by any person having an interest in the property; ___X___Met ______Not Met 4-0 (G) The requested variation is limited to the minimum change necessary to alleviate the particular hardship or practical difficulty which affects the property; ___X___Met ______Not Met 4-0 and, based upon these findings, and upon a vote of __4__ in favor & __0__ against recommends to the City Council __X___ approval ______ denial Attending: Vote: Aye No __X__ Violetta Cullen _X__ ____ __X__ Mary Beth Berns _X__ ____ __X__ Lisa Dziekan _X__ ____ _____ Scott Gingold ____ ____ _____ Myrna Arevalo ____ ____ __X__ Mary McAuley _X__ ____ 481 of 620 Page 1 of 4 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, July 5, 2016 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Mary Beth Berns, Violetta Cullen, Mary McAuley, Lisa Dziekan Members Absent: Scott Gingold, Myrna Arevalo, Staff Present: Melissa Klotz, Damir Latinovic Chair: Mary Beth Berns Declaration of Quorum With a quorum present, Chair Berns called the meeting to order at 7:00 pm. Approval of Minutes The minutes from the June 7, 2016 Zoning Board of Appeals meeting were motioned for approval with one change by Ms. Arevalo and seconded by Ms. McAuley. The minutes were approved 4-0. New Business 707 Howard Street ZBA 16ZMJV-0049 Christopher Collins, potential lessee, applies for a special use permit for a Craft Brewery, North Shore Cider Company, in the B3 Business District, which requires a special use permit for a Craft Brewery to operate (Zoning Code Section 6-9-4-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Mr. Collins explained the proposal:  Has been an amateur cider-maker for +6 years but has not produced commercially yet  Juice is shipped from Earth First Farms in Michigan  Will sell retail hard cider for off-site consumption, and incidental retail apparel  Retail hours of 3:30-7:30pm Thursday and Friday, and from noon-4pm Saturday and Sunday  Retail space in the front portion of the building and cider production in the rear.  Deliveries will occur between 9am-5pm only and will consist of containers of juice delivered October-December 1x per week by box truck. CO2 and bottles will be delivered 1x per month year round by box truck.  2 existing parking spaces behind the building off of the alley and one loading space that can be used for parking when there are no deliveries scheduled.  No smell produced because there is no brewing like with beer and the malt/hops.  Juice is already pasteurized  1 employee to start, but hope to add one more employee after a few months  No exterior changes to the building other than signage  No special events currently planned, but maybe occasionally in the future  Know of one similar cider company in the area located in Chicago Ms. McAuley said the location would be great for more special events, and noted the applicant should speak to their alderman about an apprentice program for the second employee. The ZBA entered into Deliberation: 482 of 620 Page 2 of 4 Zoning Board of Appeals The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Ms. McAuley motioned to recommend approval of the special use, which was seconded by Ms. Cullen with the following conditions: 1. Retail hours of operation not to exceed 10am-10pm Sunday-Thursday, and 10am – midnight Friday and Saturday. 2. 2 on-site parking spaces are required. 3. Substantial compliance with the documents and testimony on record. The special use was unanimously recommended for approval with the noted conditions. 1919 Church Street ZBA 15ZMJV-0114 Robert Edelman, contractor, applies for a special use permit and major zoning relief to replace existing ComEd equipment in the B2 Business District and the oWE West Evanston Overlay District, which requires a special use permit for a Public Utility (Zoning Code Section 6-9-3-3). The applicant requests to replace existing utility equipment with “DC-in-a-box” utility equipment screened from the right-of-way by landscaping where screening by landscaping and a solid fence is required (Zoning Code Section 6-15-15-XXI-C-1), landscaping where landscaping and a 3’-4’ steel or PVC picket fence is required to screen open parking from the right-of-way along Brown Avenue (Zoning Code Section 6-15-15-XVIII-B-5), and a continuous hedge with plantings spaces 48” on center where a continuous hedge with plantings spaced 36” on center is required (Zoning Code Section 6-15-15-XXI-C-2). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. ZBA 16ZMJV-0020 Ms. Klotz read the case into the record. Darren Boundy, representative for ComEd, explained the proposal:  New equipment does not need fencing for safety or by ComEd standards, and Alderman, residents, and staff prefer no fencing.  New equipment will increase reliability because it can switch over during blackouts much easier and faster. Ms. Cullen asked about the size of the new equipment, and Mr. Boundy responded that the largest equipment box is approximately 9’ x 8’. The total footprint of the equipment won’t be reduced, but the bulk will be. Ms. McAuley noted the existing landscaping is overgrown, and asked how the proposed landscaping will be maintained. Robert Edelman, representative for ComEd explained:  Landscaping contractor picked plants that have quick grown with minimal watering so plants won’t die without irrigation.  Do not have a landscaping maintenance contract, but have internal ComEd landscaping maintenance that is done as needed.  The landscape design is proposed with spacing for plant growth planned in. 483 of 620 Page 3 of 4 Zoning Board of Appeals  2 existing trees fronting Church Street will be trimmed back to provide adequate sight under the tree canopies.  Any accumulation of litter on the site will be picked up by ComEd as necessary.  Overall idea is to buffer the equipment but maintain a line of sight into the property for safety reasons for the neighborhood. Ms. McAuley noted it would be great if ComEd would post a contact number for landscaping maintenance on the property so they can be easily reached if necessary. Chair Berns asked about the noise level of the existing equipment versus the new equipment, and Mr. Edelman responded there is no change in the noise level. Ms. Dziekan asked how involved Y.O.U. has been throughout the process and if they are aware of the full plan. Mr. Edelman responded:  The Y.O.U. architect was present at both DAPR meetings, and ComEd had meetings to discuss construction schedules and make sure each other’s construction would not be impacted.  The Y.O.U. building construction will be completed prior to the ComEd equipment switch.  Trash bins surround the general area so hopefully trash will not accumulate around the equipment.  Will post signage with a phone number people can call if landscaping needs maintenance. Ms. Cullen asked if the ComEd upgrade is planned because of the new Y.O.U. building, and Mr. Edelman responded no, it is a planned standard upgrade. The ZBA entered into Deliberation: Ms. Dziekan noted the proposal will have less visual impact than the current equipment. The proposal is a nice upgrade that goes well with the new Y.O.U. building. Ms. Cullen agreed. The Standards for Special Use were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes The Standards for Variation were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes The special use was motioned to recommend approval by Ms. Cullen and seconded by Ms. McAuley, and unanimously recommended for approval. Ms. Klotz clarified the variations shall be determined by the City Council since the special use is determined by City Council. 484 of 620 Page 4 of 4 Zoning Board of Appeals Ms. Cullen motioned to recommend approval of the variations, which was seconded by Ms. McAuley and unanimously recommended for approval. Other Business Election of ZBA Vice-Chair Ms. McAuley motioned to postphone the election of ZBA Vice-Chair to the next regularly scheduled ZBA hearing when more ZBA members would be present. Ms. Cullen seconded the motion, which was unanimously approved. The meeting adjourned at 7:50pm. 485 of 620 For City Council meeting of July 25, 2016 Item P4 Ordinance 49-O-16, Mailed Noticing Requirements for Planning and Zoning Cases For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Damir Latinovic, Planning and Zoning Administrator Meagan Jones, Neighborhood and Land Use Planner Subject: Ordinance 49-O-16 Establishment of Responsibility for Mailed Noticing Requirements for Planning and Zoning Cases 16PLND-0036 Date: July 12, 2016 Recommended Action: The Plan Commission and staff recommend approval of the Zoning Ordinance Text Amendment to establish applicant’s responsibility for mailed noticing requirements for planning and zoning cases. The proposal allows the City to contract the mailing of notices for planning and zoning cases to a third party service and makes the applicant responsible for cost of mailing service. Background For planning and zoning applications, the Zoning Ordinance requires that several methods be used to inform neighboring property owners of pending cases. These include sign posting at the site location, newspaper and City website posting of the case, and mail and email notices. For mailed notices, zoning ordinance requirements specify that information regarding cases be provided via first class mail to neighboring property owners within specified distances of site locations (250, 500 or 1,000 feet). The zoning ordinance currently specifies that mailed noticing requirements are the responsibility of the City. The ordinance also stipulates that a failure of delivery of such mailed notices will not automatically invalidate a hearing or application due to the additional forms of notice given. The procedure for providing mailed notices involves a number of steps. First, staff generates a list of taxpayers to be noticed using the City’s geographic information system (GIS) software which is periodically updated with Cook County Tax Assessor data. Staff then prepares the notices, the number of which can range from approximately 50 for a 250 foot radius mailing, to several thousands of notices for a 1,000 foot radius mailing. Once the notices are prepared, they are folded and placed in envelopes and sent to the City Clerk’s office for postage and mailing. Memorandum 486 of 620 Staff estimates that up to one-third of the time taken to process applications for planning and zoning cases is spent on processing notices. It is estimated that the amount of time taken to process notices is approximately 10 hours a week and 40 hours per month (excluding time spent by City Clerk’s Office staff to prepare postage). Proposal Overview Based on feedback from the Plan Commission and staff research, staff is proposing to amend the zoning ordinance to allow the City to contract the mailing of notices for all planning and zoning cases to a third party mailing service vendor and make the applicant responsible for cost of that service. The specification in the zoning ordinance that a failure to provide mailed notice will not automatically invalidate a hearing/application will remain unchanged. For each case, staff would initiate a work order and provide the notice template, which will be a postcard (sample below), and the list of property owners within the specified radius of the subject property to the selected third party mailing service vendor. The vendor would supplement the list of property owners to be notified with those in surrounding municipalities (e.g. Skokie Wilmette or Chicago), should those properties fall within the required mailing radius. The vendor would then print and mail the notices and generate an invoice. The invoice would then be sent directly to the applicant for payment. Front of postcard Back of postcard The existing planning and zoning application fees paid to the City would remain unchanged. The proposal would, however, result in a cost increase to the applicants as the invoice for the mailing service would be paid directly by the applicants to the third party vendor. A Request for Quotes was drafted and distributed to 5 third party vendors (On-Track Fulfillment, Sebis Direct, The Blueprint Shoppe, Inc., InfoUSA, and Property Insights), with the capability of creating and mailing notices. Two of the vendors are Evanston based businesses. The cost proposals are summarized in the table below: 487 of 620 Company Name Average Cost Per Notice Cost for Supplemental List Base Service Fee Sebis Direct $1.15 for 250 ft. radius $.55 for 500 ft. radius $.19 for 1000 ft. radius NA* $85 On-Track Fulfillment (Evanston based) No response No response No response The Blueprint Shoppe, Inc. (Evanston based) $.70 $275 NA InfoUSA $.60 $170 NA Property Insight No response No response No response *Cost included in base service fee If the proposed text amendment is approved, based on the submitted cost estimates and the ability to process the work order requests in needed time frames, staff would select The Blueprint Shoppe, Inc. as the vendor for all future mailed notices. Given the minimal cost difference between lowest bidder (InfoUsa) and The Blueprint Shoppe, Inc. and the fact that the applicant would be responsible for the direct costs of the mailing service, staff believes it is important to select an Evanston based business for the service. If deemed preferable, the proposal could be modified so that City staff would retain the responsibility for mailing the notices in-house for zoning applications with 250-foot radius for notification. While the intent of the planning and zoning application fees is not to achieve full cost recovery for processing applications, the proposal aims to create a more equitable scenario in which the applicant is responsible for a larger share of the true cost of reviewing and processing an application. Using third party services will improve turnaround time of reviewing and processing applications and overall efficiency. The proposal is consistent with the goals, objectives, and policies of the Comprehensive General Plan through its promotion of increased efficiency related to application processing and review. Legislative History June 8, 2016 – The Plan Commission unanimously recommended approval of the proposed text amendment as amended. May 11, 2016 – The Plan Commission recommended that staff look into additional third party mailing options for all planning and zoning cases and consider making the applicant responsible for the cost of mailing services Attachments Proposed Ordinance 49-O-16 Link to Plan Commission Packet for 06/08/2016 Draft Plan Commission Minutes for the 06/08/2016 Meeting Request for Quotes Memo Existing Planning and Zoning Application Fee Schedule 488 of 620 4/21/2016 6/29/2016 49-O-16 AN ORDINANCE Amending Various Parts of Title 6, Chapter 3 of the Evanston City Code Modifying Notice Requirement Provisions NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Subsection 6-3-4-6(C) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (C) Mailed Notices Required for Redistricting or Rezoning: Notice shall also be given by The City will provide notice, through the use of a third party service, by first class mail to all owners of property within a five-hundred-foot radius of the property lines of the subject property, inclusive of public roads, streets, alleys and other public ways from the area proposed to be rezoned or redistricted whose addresses appear on the current tax assessment list as provided by the applicantCity. The applicant must pay any and all fees and postage associated with mailing such notice pursuant to this Section. The failure of delivery of such notice, however, shall not invalidate any such amendment. In addition, a sign shallmust 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 beis sufficient notice for the initial hearing, as well as any continuances of the same hearing, if any. SECTION 2: That Subsection 6-3-5-7(C) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (C) Mailed Notices Required: Notice shall also be given by The City will provide notice, through the use of a third party service, by first class mail to all owners of property within a five-hundred-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 applicantCity. The applicant must pay any and all fees and postage associated with mailing such notice pursuant to this Section. The failure of delivery of such 489 of 620 49-O-16 ~2~ notice, however, shalldoes not invalidate any such amendment. Such notice shall beis sufficient notice for the initial hearing. Subsequent notices are not required for continuances of a hearing, if any. SECTION 3: That Subsection 6-3-5-16(C) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (C) Mailed Notices Required: Notice shall also be given by The City will provide notice, through the use of a third party service, by first class mail to all owners of property within a five-hundred-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 applicantCity. The applicant must pay any and all fees and postage associated with mailing such notice pursuant to this Section. SECTION 4: That Subsection 6-3-6-8(C) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (C) Mailed Notices Required: Notice shall also be given by 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-foot radius of the property lines of the subject property, inclusive of public roads, streets, alleys and other public ways from the subject property whose addresses appear on the current tax assessment list as provided by the applicantCity. The applicant must pay any and all fees and postage associated with mailing such notice pursuant to this Section. The failure of delivery of such notice, however, shalldoes not invalidate any such hearing. Such notice shall beis sufficient notice for the initial hearing. Subsequent notices are not required for continuances of a hearing, if any. SECTION 5: That Subsection 6-3-6-12(C) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (C) Major Adjustments: Any adjustment to the approved development plan not authorized by Subsection (B) of this Section, shall beis 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 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 490 of 620 49-O-16 ~3~ any and all fees and postage associated with mailing such notice pursuant to this Section. Upon providing such notice, tThe Plan Commission following notice to all property owners whose properties are located within a one-thousand-foot radius of the property boundary of the planned development, may approve an application for a major adjustment to the development plan not requiring a modification of written conditions of approval or recorded easements upon finding that any changes in the plan as approved will be in substantial conformity with such development plan. SuchThe aforementioned notice shall be sufficient notice for the initial hearing. Subsequent notices are not required for continuances of a hearing, if any. If the commission determines that a major adjustment is not in substantial conformity with the final development plan as approved, then the commission shallmust review the request in accordance with the procedures set forth in Section 6-3-6-8 of this Chapter. SECTION 6: That Subsection 6-3-7-5(D) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (D) Mailed Notices Required: Notice shall also be given by 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) feet foot radius 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 applicant. The applicant must pay any and all fees and postage associated with mailing such notice pursuant to this Section. The failure of delivery of such notice, however, shalldoes not invalidate any such hearing. In addition, a sign shallmust 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 beis sufficient notice for the initial hearing. Subsequent notices are not required for continuances of a hearing, if any. SECTION 7: That Subsection 6-3-8-10(A) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (A) Mailed Notices Required: Notice shall also be given by The City will provide notice, through the use of a third party service, by first class mail to all owners of property within a five-hundred-foot radius of the property lines 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 491 of 620 49-O-16 ~4~ provided by the applicantCity. The applicant must pay any and all fees and postage associated with mailing such notice pursuant to this Section. The failure of delivery of such notice, however, shalldoes not invalidate any such hearing. In addition, a sign shallmust 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 beis sufficient notice for the initial hearing. Subsequent notices are not required for continuances of a hearing, if any. 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 Complied Statues and the courts of the State of Illinois. SECTION 9: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 10: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 11: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. Introduced: _______________, 2016 Adopted: _________________, 2016 Approved: ___________________________, 2016 ________________________________ Elizabeth B. Tisdahl, Mayor 492 of 620 49-O-16 ~5~ Attest: ______________________________ Rodney Greene, City Clerk Approved as to form: ________________________________ W. Grant Farrar, Corporation Counsel 493 of 620 DRAFT Page 1 of 4 Plan Commission Minutes 6/8/2016 MEETING MINUTES PLAN COMMISSION Wednesday, June 8, 2016 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, James C. Lytle Council Chambers Members Present: Jim Ford (Chair), Colby Lewis, Carol Goddard, Terri Dubin, Simon Belisle, Peter Isaac, Patrick Brown, Andrew Pigozzi, Members Absent: Kwesi Steele Associate Members Present: none Associate Members Absent: Scott Peters Staff Present: Meagan Jones, Neighborhood and Land Use Planner Damir Latinovic, Planning and Zoning Administrator Presiding Member: Jim Ford, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Ford called the meeting to order at 7:00 P.M. 2. APPROVAL OF MEETING MINUTES: May 11, 2016 Commissioner Goddard made a motion to approve the minutes from May 11, 2016. Commissioner Lewis seconded the motion. A voice vote was taken and the minutes were approved unanimously. 3. OLD BUSINESS (Continued from May 11, 2016 meeting) Chairman Ford explained the general meeting procedure, schedule, agenda item, time limits on public testimony and opportunities for cross examination of witnesses. Chairman Ford concluded by saying that the Plan Commission forwards a recommendation to the City Council which makes the final determination on any matters discussed by the Plan Commission. A. ZONING ORDINANCE TEXT AMENDMENT 16PLND-0036 Public Noticing Requirements A Zoning Ordinance Text Amendment pursuant to City Code Title 6, Zoning, to establish responsibility for mailed noticing requirements for Planning and Zoning cases. 494 of 620 DRAFT Page 2 of 4 Plan Commission Minutes 6/8/2016 Ms. Jones presented the staff report. The updated proposed text amendment would enable staff to contract with a third party mailing service in order to create and mail notices to property owners and place the responsibility of costs for mailing services onto the applicant. Ms. Jones shared information on additional research done since the May meeting then reviewed the standards of approval and stated that staff recommends approval of the text amendment. Chairman Ford opened the Commission deliberation. Commissioner Dubin inquired about the responsibility of verifying the property owner addresses should an applicant take on the mailing of the notices. Ms. Jones stated that the updated proposal would remove the option of an applicant mailing the notices themselves and place the responsibility onto the third party mailing service that is selected. Commissioner Lewis asked for clarification regarding whether the revised amendment would apply to all cases requiring mailed notices regardless of the radius that notification must be sent to. Ms. Jones responded that this would apply to all cases requiring mailed notification whether it is within a 250, 500 or 1000 foot radius. He then inquired about how the contractor would be chosen and how the mailing would be handled for taxpayers outside of the City of Evanston. Ms. Jones replied that cost would be taken into consideration when selecting the contractor. Each service contractor has the ability to create the radius and obtained taxpayer information Commissioner Brown asked if the cost would be incorporated into the current zoning fees. Ms. Jones stated that the fees associated with mailing notices would be in addition to the existing application fees for planning and zoning projects. Chairman Ford, asked for clarification as to why 250 radius is now included. Ms. Jones responded that discussion during the May meeting brought up an opinion that if efficiency and equity is the goal of the proposal, then all mailed notice radii should be considered for inclusion in the proposal. Staff looked at this discussion item, considered the costs to use a third party service for these cases and decided to include the 250 radius mailings in the proposal. Commissioner Lewis asked if the mailings are required twice for each case or just for 250 foot radius. Mr. Latinovic clarified that for both minor variations, fence variations and substitutions of special use permits one notice is sent to alert adjacent property owners that there is a case, then again once a decision is made. Lewis stated that it may be more appropriate for a decision to come directly from the City. Mr. Latinovic stated that this was considered; however, since proposed notices would include information provided from the City as well as the logo, notices for these cases could be included and still be official. Commissioner Goddard asked how much time is spent on the minor variations. Mr. Latinovic stated that for minor variations, there are a larger number cases with a smaller number of notices that are sent out. Since notices are sent twice, time spent on them can add up. 495 of 620 DRAFT Page 3 of 4 Plan Commission Minutes 6/8/2016 Mr. Lewis asked for clarification on the pricing scale of the two companies researched by staff. Ms. Jones stated that On-Track Fulfillment has a base fee for mailings then a scale of pricing depending on mailing size and quantity; Sebis Direct does not charge the base fee and charges per document. A brief discussion followed regarding suggesting a request for proposals should include a stipulation for fair pricing for the applicant. Chairman Ford inquired whether or not verifying taxpayer addresses would incur an additional cost and whether or not it is necessary. Mr. Latinovic stated that staff does an initial review of the list and would continue to do so prior to sending the list to the third party service. An agreement with county will be pursued to obtain data for other municipalities so that, in the future, additional costs will not be incurred for that service. There is no responsibility on the applicant to verify the taxpayer addresses. Commissioner Brown asked if staff could request a copy of supplemental lists should it be needed. Staff confirmed that this would be part of the procedure. Commissioner Belisle reiterated what the process would be. Mr. Latinovic confirmed and a brief discussion followed on the overall process for the mailings as proposed as well as considering the third party mailing service as the agent of the City versus the applicant. Chairman Ford asked for confirmation that the provision stating that a failure of a mailed notice to be delivered would not invalidate a public hearing would still stand. Mr. Latinovic confirmed that provision would be unchanged. Commissioner Dubin inquired about other municipalities’ ability to obtain and check taxpayer information for similar cases. Mr. Latinovic stated that other cities have a similar process and taxpayer information is occasionally inaccurate due to changes in owners or similar issues, those who use third party services tend to have more accurate information due to their ability to more frequently update data or pay for additional information. Commissioner Lewis inquired about an ordinance and what language would need to be included. Mr. Latinovic stated that based on the last meeting, staff decided to wait on updating the originally drafted ordinance until a more concrete proposal was obtained. A brief discussion followed as to whether or not needed language updates would be better suited for internal policies and guidelines versus an ordinance and conditions for the request for quotes, including ensuring that a service be chosen that provides a fair and equitable cost to the applicant. Commissioner Goddard made the motion to recommend approval of the text amendment provided by staff as modified to select the third party mail service based on most equitable cost for all applicants. Commissioner Isaac seconded the motion. It was agreed that a draft ordinance for text amendment would be emailed to the Commissioners prior to it proceeding to City Council. A roll call vote was taken and the motion was approved, 8-0. Ayes: Belisle, Brown, Dubin, Ford, Goddard, Isaac, Lewis, Pigozzi, Nays: None 496 of 620 DRAFT Page 4 of 4 Plan Commission Minutes 6/8/2016 4. OTHER BUSINESS Mr. Latinovic provided information on the next community meeting planned for the proposed North Downtown Planning Area. 5. PUBLIC COMMENT Jessica Feldman asked whether or not the City would obtain a copy of invoices/receipts sent to the applicant and that the City should consider a single contractor for cases such as these. Ms. Jones confirmed that the city would obtain copies of invoices and receipts sent to the applicants for the mailings. 5. ADJOURNMENT There being no further discussion, Commissioner Lewis made a motion to adjourn the meeting. Commissioner Dubin seconded the motion. A voice vote was taken and the motion was approved by voice call 8-0. The meeting was adjourned at 7:50 pm. Respectfully Submitted, Meagan Jones Neighborhood and Land Use Planner Community Development Department 497 of 620 1 | P a g e To: Printing and Mailing Service Vendors From: Damir Latinovic, Planning and Zoning Administrator Meagan Jones, Neighborhood and Land Use Planner Subject: Mailing of Meeting Notices for Planning and Zoning Cases Date: June 21, 2016 The Community Development Department is seeking a vendor who can assist staff in creating and mailing notification postcards to property owners on an ongoing basis. The mailing process would consist of:  City staff providing a template with project case information for the postcard along with a list with property owners of Evanston addresses within a certain radius (250, 500 or 1000 foot) of the project’s address. o In certain cases, staff would depend on the vendor to provide a list of property owner information for addresses that fall outside of City of Evanston boundaries.  Vendor using the provided template and property owner list(s) to print 4.25” X 6” notification postcards and provide postage. Postcard will need to meet post office specifications.  Vendor sending the notification postcards to a post office to be mailed out to the property owners within 5 days of receipt of mailing information.  Vendor to generate an invoice that would be sent to a provided project contact, with a copy sent to city staff.  Vendor sending receipt of payment to provided project contact, with a copy sent to city staff. **It is important to note that payment of the invoice will not be coming from the City of Evanston but from the provided project contact. Mailings will vary in size and frequency but will be approximately as follows: Mailing radius Approximate Number of Addresses 250 feet 25 - 50 500 feet 100 - 300 1000 feet 1000 - 2000 Memorandum 498 of 620 2 | P a g e The Timeline is below:  June 22, 2016- Request for Quotes sent.  June 27, 2016- Deadline to submit questions (responses to be sent: June 29, 2016).  July 1, 2016- Deadline for Quote submittal. o All quotes submitted must include a price breakdown with all associated costs, including those based on the number of postcards mailed as well as for generating the list of property owners/addresses outside of Evanston. Please email quotes to: Meagan Jones at mmjones@cityofevanston.org o Cover memo should include:  Minority, women Owned or Evanston Based Business if applicable  References  Experience with such projects  Ability to meet the deadline specified  July 15, 2016 -Vendor notified if they are awarded the Contract. Example Postcard Front 499 of 620 3 | P a g e Back 500 of 620 ZONING FEESPlanning & Zoning Division P. 847.448.4311 E. zoning@cityofevanston.org March 2, 2015 2100 Ridge Avenue Evanston, Illinois 60201 F. 847.448.8126 www.cityofevanston.org/zoning : 1 - Multiple varia Commercial & Multi Family Residential Single Family Residential & Two Family Residential APPLICATION Minor Variation Fence Variation $250 Major Variation Family Necessity Variation $600 $350 Major Variation after commencement of construction $1,500 Special Use Permit Unique Use Permit $600 Substitution for an Existing Special Use $400 Hospital Special Use $1,100 Drive-In Special Use $1,100 APPLICATIONS FOR ZONING RELIEF 501 of 620 ZONING FEESPlanning & Zoning Division P. 847.448.4311 E. zoning@cityofevanston.org March 2, 2015 2100 Ridge Avenue Evanston, Illinois 60201 F. 847.448.8126 www.cityofevanston.org/zoning OTHER APPLICATIONS ZONING ANALYSES Planned Development $5,000 Developments of: >= 24 units, or >= 20,000 sf floor area, or on lots >= 30,000 sf Major Adjustment to Planned Development $2,000 Minor Adjustment to Planned Development $500 Extension Amendment for Planned Development $500 Map Amendment (petition to rezone property) $600 Text Amendment (petition to change a zoning regulation) $600 Appeal of an administrative decision or zoning violation $250 Major Home Occupation Permit $25 Minor Home Occupations do not require a permit Zoning Analysis: (ALL major and minor construction projects, Determination of Use, Certificate of Zoning Compliance) $100 Projects of < 10,000 sf construction $150 Projects of >= 10,000 sf construction Plat Approval $300 Requires zoning analysis for each resulting improved lot 502 of 620 For City Council meeting of July 25, 2016 Item P5 Ordinance 47-O-16, Planned Development – 1815 Ridge/Oak Avenue For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Department Damir Latinovic, Planning and Zoning Administrator Meagan Jones, Neighborhood and Land Use Planner Subject: Ordinance 47-O-16 Planned Development, 1815 Ridge/Oak Avenue, 15PLND-0112 Date: July 21, 2016 Recommended Action: Plan Commission and Staff recommend adoption of Ordinance 47-O-16 for approval of the Planned Development with rezoning from C2 Commercial to D4-Downtown Transition and Special use for Independent and Assisted Living units. The 10-story 163- unit residential building would consist of 102 independent and assisted living dwelling units, 31 Assisted Living units for residents with cognitive impairment, 30 memory care units and 67 parking spaces on site. The development includes 1 site development allowance request for 102 dwelling units where maximum 84 are allowed in the D4 zoning district by Code. Staff recommends that the proposed installation of a public art element on site be replaced with a $10,000 contribution to the public art fund. Such funds can then be used for installation of more appropriate public art element in the vicinity of the site, such as the Emerson/Ridge/Green Bay intersection. The proposed public benefits of the project are outlined on page 5 of the memorandum. Update since July 11, 2016 P&D Committee meeting The applicant submitted a letter explaining further the level of care to be provided for the proposed assisted living units to confirm City’s classification of the project as Independent and Assisted Living facility. This letter is included as an attachment. Background The .77 acre site, currently vacant, was previously improved with a one-story National School Towel Service building. The project site also includes City-owned land north of the former National School Towel Service building. Both the City-owned parcel and the former National School Towel Service building parcel are under contract and to be purchased by the applicant pending land use entitlement approvals. Memorandum 503 of 620 The uses surrounding the site include: Mt. Zion Missionary Baptist Church south of the site as well as the 8-story 1717 Ridge apartment building; Metra railroad right-of-way to the north and east; the 14 and 16-story E2 apartment building east of the railroad tracks; and multi-family residences and office uses to the west including the 6-story Grand Bend at Green Bay Road and 4-story 1800 Ridge Avenue building. The proposed building as approved by Plan Commission was originally 11 stories high and included a total 165 units (102 assisted living and independent living dwelling units, 31 assisted living units for residents with cognitive impairment and 30 memory care units) and 67 parking spaces. 1815 Ridge/Oak Avenue Proposed Planned Development The revised plans call for a 10 story building including 102 assisted living and independent living dwelling units, 31 assisted living units for residents with cognitive impairment and 30 memory care units. A total of 67 parking spaces will be provided. Compliance with the Zoning Ordinance Rezoning As part of the Planned Development approval, the applicant is requesting rezoning of the property from C2 Commercial (which does not allow any type of residential uses) to D4 Downtown Transition District. Per Zoning Ordinance, the intent of the D4 district is to provide for infill development and redevelopment within downtown Evanston with massing and scale of structures reflective of established uses providing a transition between downtown and districts adjacent to the downtown. Special Use The applicant is requesting Special Use approval for the Assisted Living (memory care and assisted living units) and Independent Living dwelling units in the building. Assisted and Independent Living facilities are allowed as a Special Use when located above the ground floor in the D4 district. The applicant has provided a letter detailing the level of care that will be provided for the assisted living portion of the facility (attached). 504 of 620 Planned Development The applicant is also requesting Special Use approval for a Planned Development to construct the10-story (105-foot high) senior living residential building. The applicant is requesting approval of one site development allowance: 1815 Ridge/Oak Ave. Site Development Allowances Required / Max. Permitted Site Development Allowance Proposed # of dwelling units 84 (400 sq. ft. /DU) N/A 102 Building Composition The ground floor of the 105 foot tall building will consist of the building’s parking garage with 18 parking spaces, 2 loading spaces, administrative offices and a lobby entrance on the south side of the building off of the existing east-west alley adjacent to the south. The second level includes additional 49 parking spaces for a total of 67 parking spaces on site. The 3rd floor of the building includes a “town center” which will consist of amenities such as a wellness center, salon, theater, community room, dining area, business center, library and 2 outdoor garden terraces on the east and west sides of the building. The third floor also includes 6 assisted living units. The 4th floor will house 30 memory care units and associated services. This level will also have a smaller secured garden terrace. The 5th floor will consist of 31 assisted living units for residents with cognitive impairment along with a lounge, dining space and terrace. Floors 6 through 8 will consist of additional assisted living units, approximately 21 dwelling units per floor. Floors 9 and 10 will consist of independent living dwelling units with a mix of studio, 1 bedroom and 2 bedroom apartments. An amenity space for the residents and a greenroof are also proposed as part of the 10th floor. Site Layout The vehicular access to the site will be from Oak Avenue. Residents and visitors will be able to drive immediately off of Oak Avenue to access the upper level of the parking garage or turn left towards the covered drop-off area to access the ground floor parking entrance just east of the lobby. To exit, vehicles will make a u-turn onto the alley and proceed towards Oak Avenue. There will be no access to or from Ridge Avenue, except for emergency vehicles only. As one of the public benefits, the applicant is proposing to widen Oak Avenue, creating a two way street to accommodate traffic to the site. This design will maintain the existing 14 metered parking spaces on both sides of Oak Avenue north of Clark Street with installation of a new public sidewalk on the west side of Oak Avenue. West of the site, along Ridge Avenue, the applicant will provide a 5 foot wide public sidewalk with 13 street trees planted within a new 7 foot, 6 inch parkway. There will be a total 12 new bike racks for building visitors, located along Ridge Avenue and off of Oak Avenue, as well as a seating garden just southwest of the building. The applicant is also proposing 505 of 620 a pocket park just north of the building. The maintenance of this park will be applicant’s responsibility that will be contracted to a local landscape maintenance company. 1815 Ridge/Oak Avenue, Ground Floor Plan Parking and Traffic Based on the number and type of units proposed and the total number of projected employees (100), the proposed building is required to have a total of 67 parking spaces. The applicant is proposing a total of 67 parking spaces for the proposed development. A convenience shuttle is also proposed to be utilized for residents to reduce the need for vehicles to access amenities in the surrounding area. The Parking and Traffic Study submitted by the applicant concludes that the proposed parking arrangement will meet the parking demand of the building tenants. The building will be targeted to residents over the age of 55 who are expected to have fewer vehicles and utilize convenience shuttles provided by the facility, walk or bike to nearby amenities. The facility is also located in close proximity to the transit stops and multiple bus lines. A valet service will be implemented on days when an increase in the number of visitors is expected. The applicant will provide improvements to Church Street and Oak Avenue intersection to include pedestrian countdowns and high visibility crosswalks, traffic signage at Clark Street and Oak Avenue, and pedestrian crosswalk improvements at intersections immediately south of the site as a public benefit of the project. 506 of 620 Public Benefits The proposed development will replace a vacant site and generate additional property tax to the community. The proposed building will also provide an additional living option for senior residents in Evanston. The applicant has committed to and the Ordinance includes the following public benefits, at a total estimated cost of $900,000, as part of the Planned Development proposal: 1. Affordable Housing a) 2 on-site units at 80% AMI and b) $400,000 contribution to Affordable Housing Fund, an equivalent of a 6 unit contribution to the project, or 60% of current Inclusionary Housing Ordinance (IHO) requirement). The PD application was submitted prior to the recent adoption of the Inclusionary Housing Ordinance and is therefore exempt from current IHO requirements. 2. Streetscape improvements along Ridge Avenue, extending south to Clark Street, east through the adjacent alley and south on Oak Avenue to Clark Street including: a public sidewalk, new 8 foot landscaped parkway going from the northern tip of the project south to Clark Street, increased landscaping within traffic control improvements and two public seating areas. 3. An art installation within the pocket park north of the proposed building. (Staff recommends a $10,000 contribution to public art fund in-lieu of on- site public art installation.) 4. Traffic control improvements to sidewalks and crosswalks at and near the site as follows: a. An improved traffic island, high visibility cross-walks and improved signage at the Oak Avenue and Clark Street intersection. b. Improvements to Oak Street including widening of the street from the project site to Clark Street and creation of vehicular access to the Mt. Zion Church parking lot. c. Installation of high visibility crosswalks at the intersection of Clark Street and Ridge Avenue. d. Installation of pedestrian countdowns and four high visibility crosswalks at Church Street and Oak Avenue. e. Pedestrian connection (sidewalk) from Ridge Avenue to Oak Avenue, south to Clark Street. 5. A $10,000 sponsorship for Divvy bike share program 6. 28 Bicycle parking spaces for visitors on the west and south portions of the development. 7. Hiring of minimum of 10 Evanston residents during construction and offering of the estimated 50 permanent jobs to Evanston residents, subject to their qualifications for employment. 8. Minimum LEED Silver certification (required by Green Building Ordinance) which will include a green roof and terrace space. 507 of 620 Standards of Approval The proposed development meets the standards for approval of Zoning Ordinance Map Amendment (rezoning) in Section 6-3-4-5, standards for Special Use in Section 6-3-5- 10, the Standard for Planned Developments in Section 6-3-6-9 and standards and guidelines established for Planned Developments in the D4 Downtown Transition District in Section 6-11-1-10 Legislative History April 6, 2016 – The Plan Commission voted 4-2 to recommended approval of the proposed Planned Development with conditions outlined in the staff report memo dated April 1, 2016 (which are incorporated into the Ordinance) as well as the added condition that the operator be chosen for the facility prior to P&D review. March 9, 2016 – The Plan Commission opened the public hearing and heard testimony by the applicant and general public. A continuance was requested by one of the surrounding residents and granted to April 6, 2016. February 17, 2016 –The Design and Project Review Committee (DAPR) Committee recommended unanimous approval of the proposed development. Attachments Proposed Ordinance 47-O-16 Applicant’s Response Letter Regarding Assisted Living Use dated 07/20/16 Link to Applicant’s Revised PD Application dated 06/23/16 Applicant’s Response Letters dated 06/23/16 Community Feedback Received Since the 04/06/2016 Plan Commission Meeting (Letter from Daniel Shapiro Law representing 1800 Ridge Ave. Lofts HOA and 1830 Ridge Condo HOA) Plan Commission Meeting Minutes 04/06/2016 and 03/09/2015 Employee Transportation Policy Ridgeline Management Company Service Plans and Levels Link to Plan Commission Packet for 04/06/2016 508 of 620 509 of 620 510 of 620 511 of 620 512 of 620 513 of 620 514 of 620 515 of 620 516 of 620 517 of 620 518 of 620 519 of 620 520 of 620 521 of 620 522 of 620 523 of 620 524 of 620 525 of 620 526 of 620 527 of 620 528 of 620 529 of 620 530 of 620 531 of 620 532 of 620 533 of 620 534 of 620 535 of 620 536 of 620 537 of 620 538 of 620 539 of 620 540 of 620 541 of 620 542 of 620 543 of 620 544 of 620 545 of 620 546 of 620 547 of 620 548 of 620 549 of 620 550 of 620 551 of 620 552 of 620 553 of 620 554 of 620 555 of 620 556 of 620 557 of 620 558 of 620 559 of 620 560 of 620 561 of 620 562 of 620 563 of 620 564 of 620 565 of 620 566 of 620 567 of 620 568 of 620 569 of 620 570 of 620 571 of 620 Bernard I. Citron P 312.580.2209 F 312.782.1372 bcitron@thompsoncoburn.com July 20, 2016 VIA ELECTRONIC MAIL DELIVERY Meagan Jones Neighborhood & Land Use Planner Community Development City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 RE: Sheltered Care Homes in Evanston as Compared to the Proposed Planned Development at 1815 Oak Avenue Dear Ms. Jones: I am writing on behalf of my client 1815 Ridge Avenue, LLC, the applicant (“Applicant”) of the Planned Development at 1815 Oak (the “Project”) to better define the Assisted Living use at the Project. This is in response to public comment from community members and questions from the City Council about the appropriateness of the Project’s proposed use in the D4 Zone. In our letter to Melissa Klotz dated June 23, 2016 (attached hereto for reference as Exhibit A), we articulated the different licensing categories for supportive living facilities in the State of Illinois, and indicated that because, among other reasons, the Project does not provide skilled, around the clock medical and other care, the level of care provided there qualifies it for an Assisted Living license per Illinois law. At the July 11 City Council meeting the neighbors at 1800 Ridge Avenue Lofts Homeowners’ Association and 1830 Ridge Condo Homeowners’ Association and their Counsel (the “Opposition”), questioned whether the distinctions set forth in the State’s licensing framework are consistent with Evanston’s Zoning Ordinance. We are certain that they are. Although they have no objection to the proposed Independent Living use, the Opposition claims that the Assisted Living uses proposed at the Project are more akin to the Sheltered Care Use (per Evanston’s Zoning Ordinance) rather than the Assisted Living use as proposed by the Applicant. The Assisted Living use is permitted as a Special Use in the D4 district. However, Sheltered Care is not permitted in the D4 district at all. The definitions of Assisted Living and Sheltered Care in Evanston’s Zoning Ordinance are very similar. The definitions are listed and attached hereto as Exhibit B. The primary distinction between the Assisted Living use and the Sheltered Care Home use is that Sheltered Care 572 of 620 July 20, 2016 Page 2 of 5 facilities provide “twenty-four (24) hour supervision and monitoring of the mental and health status of residents”. The Sheltered Care license issued by the State of Illinois also requires twenty-four (24) hour nursing staff at such a facility. The proposed Assisted Living facility does provide twenty-four (24) hour staffing, but not to the extent required for a Sheltered Care License. No medical staff is required nor provided at the proposed Project. If a resident would require the level of care such that they must have twenty-four (24) hour access to and supervision by medical staff, that resident would no longer be able to reside at the facility. While this may seem “harsh”, this is for the benefit, not just of that particular resident, but also for the other residents in the proposed Project. Such a policy is not only required by the state issued Assisted Living licensure, but also helps to maintain a feeling of independence and enhances the living experience of the other residents there. The differences between the proposed Assisted Living Facility and the other state licensed Sheltered Care Homes in Evanston is evident from the readily available information about these other facilities. The following, is taken from a comprehensive list of licensed Sheltered Care Homes in Illinois published by the Illinois Department of Public Health. It lists the existing licensed Sheltered Care Homes in Evanston and describes the characteristics of each facility that are different from the proposed Project, and which elevate the level of care provided at each facility to “Sheltered Care”: specifically, skilled nursing care; and 24 hour health monitoring. 1) Alden Estates of Evanston – 2520 Gross Point Road a. Geared toward providing therapy and rehabilitation after surgery b. Condition and progress monitored 24/7 c. Website: http://www.aldenestatesofevanston.com/ 2) King Home – 1555 Oak Avenue a. Website indicates that the facility provides skilled care and professional nursing staff on duty on each floor 24-hours a day b. Also provides restorative nursing for those who are going through a rehabilitation process c. Website: http://tentwentygrove.org/ 3) Westminster Place – 3200 Grant Street a. Registered nurses are on duty on each floor, 24-hours a day b. Website: http://westminsterplace.org/ 4) Three Crown’s Park – 2323 McDaniel Avenue a. One component of the facility is a 24-hour a day skilled care home b. Website: http://www.threecrownspark.com/ The residents of the proposed Project do not require the level of care such that a registered nurse must be present twenty-four (24) hours a day. The facility will have a registered nurse on staff, but the nurse is not required by the State of Illinois licensing standards for Assisted Living Facilities and the nurse will not be on site twenty-four (24) hours a day. The level of care that is required by the residents of the Project also demonstrates that its residents will be readily able to take advantage of the nearby services and businesses in Evanston. Every Assisted Living Facility we are aware of provides transportation services to take 573 of 620 July 20, 2016 Page 3 of 5 residents not only to doctor’s appointments, but also to the library, pharmacies, grocery stores, and other retail establishments. The reason residents choose to live in these facilities mainly centers around support in certain categories of daily living, and most importantly, their comfort. The proposed Project will provide its residents the comfort of knowing that they will not be alone, especially in an emergency situation. It is fundamentally a different use from the Sheltered Care Use, which is designed to accommodate residents who require 24-hour supervisions and/or medical care. For these reasons the proposed Project is an Assisted Living Facility, both under State law and under Evanston’s Zoning Ordinance. Thank you for your continued consideration of the Project. Please feel free to contact my office should you have any questions. Very truly yours, Thompson Coburn, LLP By Bernard I. Citron Enclosures cc: Michael McLean (via Email) 574 of 620 July 20, 2016 Page 4 of 5 Exhibit A (Letter to Melissa Klotz dated June 23, 2016 regarding Independent Living, Assisted Living, Assisted Living for Cognitive Impairment and Memory Care Components of the Proposed Planned Development at 1815 Oak Avenue) 575 of 620 Bernard I. Citron P 312.580.2209 F 312.782.1372 bcitron@thompsoncoburn.com June 23, 2016 VIA MESSENGER DELIVERY Melissa Klotz Zoning Planner City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 RE: Statement Regarding Independent Living, Assisted Living, Assisted Living for Cognitive Impairment and Memory Care Components of the Proposed Planned Development at 1815 Oak Avenue Dear Ms. Klotz: Please find attached hereto as Exhibit A a statement regarding Independent Living, Assisted Living, Assisted Living for Cognitive Impairment and Memory Care Components of the Proposed Planned Development at 1815 Oak Avenue (the “Project”). As stated in the statement, all of the components of the Project are licensed under the same State Licensing category (Assisted Living Establishment). The different categories identified are ways the operator distinguishes the slightly different levels of care provided for each component and are not statutory distinctions. In Assisted Living Facilities, state statute requires that residents with cognitive impairment have access to staff that is qualified to tend to their unique needs. However, such staff are not medical professionals. State statute also requires that the facility provide activities for these residents that will ensure cognitive stimulation. Otherwise care for residents in Assisted Living with Cognitive Impairment requires the same mandatory services (listed specifically in the attached statement) that is required for the residents of the Project’s Assisted Living component. The Memory Care floor, in addition to featuring those services required for residents of the Assisted Living with Cognitive Impairment component of the Project, must also be locked down/secure to protect residents who may have a tendency to wander. Thank you for your continued consideration of this Application. Should you require any further information, please contact my office. Very truly yours, Thompson Coburn, LLP 576 of 620 By Bernard I. Citron Enclosures cc: Michael McLean (via Email) 577 of 620 Statement Regarding Independent Living, Assisted Living, Assisted Living for Cognitive Impairment and Memory Care Components of the Proposed Planned Development at 1815 Oak Avenue (the “Project”) The Proposed Use will feature four different categories of residences: I) Independent living; II) Assisted Living; III) Assisted Living Cognitive Impairment and IV) Memory Care. But for the Independent Living use, which does not require state licensure, all of the above referenced categories of supportive living are covered under an Assisted Living Establishment license issued by the State of Illinois Department of Public Health. The Categories all fall under the umbrella of an Assisted Living Establishment. The licensure is governed by Illinois Law, specifically Section 210, Chapter 9 of the Illinois Compiled Statutes and further regulations for such facilities are set forth in detail in Title 77, Chapter 1, Subchapter c, Part 295 of the Illinois Administrative Code. The following discusses the differences among the four above-referenced unit types: I) Independent Living Facility The proposed Independent Living use, proposed for the top two floors of the Project, does not require a license at the state or municipal level. The use will be limited only by the definition of the use as set forth in the City of Evanston Zoning Ordinance (the “EZO”). This age-restrictive use permits the provision of the following services for residents: meals, transportation, housekeeping and opportunities for socialization. This is precisely what will be available to the residents of the Independent Living component of the Project. II) Assisted Living Establishment Assisted Living Establishments are defined In the Illinois Administrative Code as follows: Assisted living establishment or establishment – a home, building, residence, or any other place where sleeping accommodations are provided for at least three unrelated adults, at least 80% of whom are 55 years of age or older and where the following are provided consistent with the purposes of the Act: services consistent with a social model that is based on the premise that the resident's unit in assisted living and shared housing is his or her own home; community-based residential care for persons who need assistance with activities of daily living, including personal, supportive, and intermittent health-related services available 24 hours per day, if needed, to meet the scheduled and unscheduled needs of a resident; mandatory services, whether provided directly by the establishment or by another entity arranged for by the establishment, with the consent of the resident or resident's representative; and 578 of 620 - 2 - a physical environment that is a homelike setting that includes the following and such other elements as established by the Department: individual living units each of which shall accommodate small kitchen appliances and contain private bathing, washing, and toilet facilities, or private washing and toilet facilities with a common bathing room readily accessible to each resident. Units shall be maintained for single occupancy except in cases in which 2 residents choose to share a unit. Sufficient common space shall exist to permit individual and group activities. (Title 77, Chapter 1, Subchapter c, Part 295, Section 200 of the Illinois Administrative Code) The Mandatory Services required are as follows: a) Three meals per day available to the residents, prepared by the establishment or an outside contractor; b) Housekeeping services including, but not limited to, vacuuming, dusting, and cleaning the resident's unit; c) Personal laundry and linen services available to the residents, provided or arranged for by the establishment; d) Security provided 24 hours each day including, but not limited to, locked entrances or building or contract security personnel; e) An emergency communication response system, which is a procedure in place 24 hours each day by which a resident can notify building management, an emergency response vendor, or others able to respond to his or her need for assistance; and f) Assistance with activities of daily living as required by each resident. Assisted Living Establishments do not provide for on-site medical care by skilled medical professionals. Such care requires different licensure in Illinois. Additionally, Assisted Living Establishments are permitted by Illinois law to provide care to residents with cognitive impairment or Alzheimer’s (210 9/150). III) Assisted Living for Cognitive Impairment Under the Illinois Administrative Code, the Assisted Living use for Cognitive Impairment also falls under the same definition and the same licensure as the general Assisted Living Category. The primary difference between the two unit types is that no cooktops will be provided in the kitchenettes of those residents who suffer from cognitive to prevent any risk of injury or fire. Otherwise, the level of care provided will be very similar to that described above. It will differ slightly in that staff serving this section of the Project will be qualified to address residents with cognitive issues and residents will have a private dining room to create a familiar community setting. 579 of 620 - 3 - The main difference between this type of unit and the Memory Care unit is that residents with cognitive impairment will have less severe symptoms of dementia than those in the Memory Care Units. IV) Memory Care The Memory Care portion of the Project will serve those residents with more severe cognitive impairment than those living in the Assisted Living with Cognitive Impairment floors. In addition to the above described attributes, the Memory Care component will be secure to protect those residents who may be prone to wander as required by Illinois law. 580 of 620 July 20, 2016 Page 5 of 5 Exhibit B Definitions from the Evanston Zoning Ordinance of “Sheltered Care Homes” and “Assisted Living Facilities” ASSISTED LIVING FACILITY: A facility for adults in need of some protective oversight or assistance due to functional limitations that provides a living arrangement integrating shelter, food and other supportive services to maintain a resident's functional status. Those facilities that include personal care such as assistance with activities of daily living shall be licensed as sheltered care facilities pursuant to provision of the Evanston City Code. SHELTERED CARE HOME: An establishment that provides shelter, food, assistance with meals, assistance with activities of daily living, and* twenty-four (24) hour supervision and monitoring of the mental and health status of residents who are incapable of maintaining a private independent residence or incapable of managing themselves. *Highlighting and emphasis added. 581 of 620 582 of 620 583 of 620 584 of 620 585 of 620 586 of 620 587 of 620 588 of 620 589 of 620 590 of 620 591 of 620 592 of 620 593 of 620 594 of 620 595 of 620 APPROVED Page 1 of 5 Plan Commission Minutes 3/9/2016 MEETING MINUTES PLAN COMMISSION Wednesday, March 9, 2016 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, James C. Lytle Council Chambers Members Present: Jim Ford (Chair), Colby Lewis, Carol Goddard, Simon Belisle, Patrick Brown Members Absent: Terri Dubin, Peter Isaac, Andrew Pigozzi, Kwesi Steele Associate Members Present: none Associate Members Absent: Scott Peters Staff Present: Mark Muenzer, Director of Community Development Damir Latinovic, Planning and Zoning Administrator Meagan Jones, Neighborhood and Land Use Planner Mario Treto, Assistant City Attorney Presiding Member: Jim Ford, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Ford called the meeting to order at 7:03 P.M. 2. APPROVAL OF MEETING MINUTES: February 10, 2016 Commissioner Lewis made a motion to approve the minutes from February 10, 2016. Commissioner Belisle seconded the motion. A voice vote was taken and the minutes were approved unanimously. 3. NEW BUSINESS Chairman Ford explained the general meeting procedure, schedule, agenda item, time limits on public testimony and opportunities for cross examination of witnesses. Chairman Ford concluded by saying that the Plan Commission forwards a recommendation to the City Council which makes the final determination on any matters discussed by the Plan Commission. A. PLANNED DEVELOPMENT 15PLND-0112 1815 Ridge/Oak Michael McLean, 1815 Ridge Avenue, LLC, has submitted an application for approval of a Planned Development with a rezoning 596 of 620 APPROVED Page 2 of 5 Plan Commission Minutes 3/9/2016 from C2 Commercial to D4 Downtown Transition District and Special Use for Assisted and Independent Living facilities to construct an 11- story, 165-unit senior living residential building consisting of 140- dwelling units, 25 memory care rooms and 70 parking spaces. The applicant seeks one site development allowance for the proposed number of dwelling units (140 where 84 is the maximum allowed). In addition, the applicant may seek and the Plan Commission may consider additional Site Development Allowances as may be necessary or desirable for the proposed development. Mr. Bernard Citron of Thompson Coburn LLP provided an introduction to the project. Mr. Michael McLean followed, describing details of the site and proposed development including the proposed address change from 1815 Ridge Avenue to 1815 Oak Avenue, streetscape improvements in the surrounding area and public benefits. Ms. Jones provided a summary of the project characteristics and stated that staff’s recommendation was to approve the proposed project subject to the conditions specified in the staff report. Commissioner Goddard asked if there had been any estimates on the amount of property taxes the development would create. Mr. McLean replied that calculations will be completed in the near future and added that since the project is a for-profit entity, it would not have any tax exempt status. Commissioner Lewis asked if an operator had been chosen. Mr. McLean stated that a third party operator will be brought in to manage the facility and finalists are being interviewed. A final choice for the operator is expected to be announced prior to City Council review. Commissioner Belisle asked if there were any plans to alleviate effects of the adjacent Metra rail on noise. Mr. McLean responded that there are features for the gardens which would provide protection against noise at that level and the building design is set back at residential levels to mitigate those effects. Commissioner Goddard expressed concern regarding the parking available given the number of units and employees. Mr. McLean replied that the required parking is actually higher than standard and the development team believes parking will be sufficient for the number of employees expected. Public transportation use will be incentivized for employees and transportation options will be available for residents to surrounding amenities with a valet service possible. Mr. McLean added that access to parking spaces will have an associated fee. Mr. Lewis asked about the small turning radius and how that would be addressed and a brief discussion followed on the use of the garage to aid in traffic circulation. Commissioner Belisle asked if there is expectation of site contamination. Mr. McLea n responded that testing has been done, no contamination had been found and a “No Further Remediation” letter is being pursued from the IEPA. 597 of 620 APPROVED Page 3 of 5 Plan Commission Minutes 3/9/2016 Chairman Ford asked if the Independent Living residents will solely rent their units. Mr. McLean stated that renters are required to utilize various amenities such as cleaning, meals, etc. There will be a month-to-month leasing option for residents. There would be local licensing required in addition to state and federal licensing. Chairman Ford asked if the distances to transportation and amenities was measured by city blocks or a straight line from the site. Commissioner Lewis then asked about statistics on car ownership for this use. Carlos Salvador, KLOA, stated that there are studies that provide statistics showing that the levels of care and average age of intended residents dictate that there will be a lower amount of vehicle use. Commissioner Brown asked if there is intention to hire an acoustical consultant to conduct sound mitigation into the building. Mr. McLean stated that there are no plans but the development team has done prior transit oriented developments and the current project would meet similar standards. Commissioner Goddard inquired if the applicant had reached out to the church to the south to possibly come up with a parking solution. Mr. McLean stated that he had met several times with Church members regarding a number of items including construction parking, overflow parking and parking lot improvements for the church but no resolution has been determined. Chairman Ford opened the public hearing for questions from the public. Ms. Tina Paden, resident, inquired about the applicant’s plan to use part of the church property then inquired about rent pricing, local hiring process, bicycle parking, access for fire trucks and if the updated Emerson-Ridge-Green Bay intersection updates were taken into consideration with the traffic study. Mr. McLean stated that there are plans to possibly utilize part of the church’s property to instal l a new sidewalk and that the development team continues to have discussions with City staff to ensure requirements are met for the development. The rents had not been set at the time of the meeting. Ms. Carolyn Buford, resident, inquired about affordable housing in the development and typical unit size. Mr. McLean stated that the affordable units will include both rent for the unit and amenities that are provided as part of the development. One bedrooms are 700 - 800 square feet. Ms. Abby Polonsky, resident, inquired about the increased use of emergency vehicles for this type of facility proposed. Mr. McLean stated that based on the use, a large increase in the need for emergency vehicles is highly likely. There will be efforts made to reduce the need for need for emergency vehicles through private services and health and wellness programs. Roger Heuberger, resident, inquired about an initial project proposed for the site and what the plan would be if the project as proposed does not work. Mr. McLean stated that every effort will be made to keep a finished project successful. The use cannot change without being revisited by the Commission and City Council approval. 598 of 620 APPROVED Page 4 of 5 Plan Commission Minutes 3/9/2016 Gwen Stein, resident, inquired about pedestrian access across Ridge Avenue. There are no plans to add any crosswalks across Ridge as required by Public Works. Other improvements will be made to encourage pedestrian access on Church, Clark and Oak. Debra Zarnow, resident, expressed concern about the alley access off of Ridge Avenue and parking availability during certain times and events. Mr. McLean responded by summarizing the upgrades being made to the alley and the building design to discourage the use of the alley and redirect traffic. He also emphasized that efforts will be made to alleviate the need for parking spaces for residents and employees. Vicki Siegelman, resident, inquired about the Emerson Ridge Green Bay project and its effects on the proposed project and vice versa. Mr. Muenzer stated that the project will be moving forward with construction commencing in spring. The developer will continue to be in contact with City staff moving forward as plans are detailed and revised. Chairman Ford opened up the public hearing for public comment. Robert Canizaro, resident, voiced concerns regarding the building design, specifically the building height and number of units at the site, and possible precedent that could be set. Roger Heuberger expressed concern over the mobility of residents and their ability to travel to the downtown area as well as the cost of and demand for parking in comparable buildings. Abby Polonsky and Daniel Spore, residents, presented a request for a continuance of the public hearing. A brief discussion followed and it was agreed that the next meeting would be held on Wednesday, April 6, 2016 where the public hearing would continue. Maria Paluselli, emphasized her concerns over noise from the Metra trains adjacent to the tracks. Debra Zarnow, expressed concern over blocked views and possible depressed property values for properties across the street from the proposed project. Tina Paden stated that she believed the site is too small for the proposed development and that parking and traffic are still concerns. Carlis Sutton and Carolyn Buford both expressed concern about the lack of affordable units in the development and the higher rental prices of similar developments. There needs to be more attention paid to affordable living spaces for senior residents. Ms. Buford also requested that rental rates for the units be shared. David Baldwin, resident, stated that there may be a number of other visitors to the building who are private caregivers and support staff who will also need parking. 599 of 620 APPROVED Page 5 of 5 Plan Commission Minutes 3/9/2016 Jesus Vega, resident, stated his opposition to the development and shared that safer pedestrian crossing over Ridge Avenue should be taken into consideration. Vicki Siegelman requested that the developer consider a lower height for the building as well as consider private caregivers who will be visiting the site when addressing parking and room needs. Mr. McLean stated that he will respond to comments and concerns at the April 6, 2016 meeting. Chairman Ford asked for a motion to continue the public hearing. Commissioner Goddard made a motion to continue the public hearing for 1815 Ridge/Oak to April 6, 2016 at 7:00 p.m. Commissioner Lewis seconded the motion. The motion was approved unanimously, 5-0. 4. OTHER BUSINESS Mr. Muenzer stated that a study of the area north of downtown had been requested by Council. He explained that details were limited but that the area would likely include the area around Sherman, Maple and Emerson with a possibility of stretching further north or south. Staff is gathering preliminary information which will be presented at the April 18, 2016 Planning & Development Committee meeting. 5. PUBLIC COMMENT There was no public comment 5. ADJOURNMENT There being no further discussion, Commissioner Lewis made a motion to adjourn the meeting. Commissioner Belisle seconded the motion. A voice vote was taken and the motion was approved by voice call 5-0. The meeting was adjourned at 9:03 pm. Respectfully Submitted, Meagan Jones Neighborhood and Land Use Planner Community Development Department 600 of 620 APPROVED Page 1 of 5 Plan Commission Minutes 4/6/2016 MEETING MINUTES PLAN COMMISSION Wednesday, April 6, 2016 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, James C. Lytle Council Chambers Members Present: Jim Ford (Chair), Colby Lewis, Carol Goddard, Terri Dubin, Simon Belisle, Andrew Pigozzi, Members Absent: Patrick Brown, Peter Isaac, Kwesi Steele Associate Members Present: none Associate Members Absent: Scott Peters Staff Present: Damir Latinovic, Planning and Zoning Administrator Meagan Jones, Neighborhood and Land Use Planner Mario Treto, Assistant City Attorney Presiding Member: Jim Ford, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Ford called the meeting to order at 7:00 P.M. 2. APPROVAL OF MEETING MINUTES: March 9, 2016 Commissioner Goddard made a motion to approve the minutes from March 9, 2016. Commissioner Belisle seconded the motion. A voice vote was taken and the minutes were approved unanimously. 3. OLD BUSINESS Chairman Ford explained the general meeting procedure, schedule, agenda item, time limits on public testimony and opportunities for cross examination of witnesses. Chairman Ford concluded by saying that the Plan Commission forwards a recommendation to the City Council which makes the final determination on any matters discussed by the Plan Commission. A. PLANNED DEVELOPMENT 15PLND-0112 1815 Ridge/Oak Michael McLean, 1815 Ridge Avenue, LLC, has submitted an application for approval of a Planned Development with a rezoning from C2 Commercial to D4 Downtown Transition District and Special 601 of 620 APPROVED Page 2 of 5 Plan Commission Minutes 4/6/2016 Use for Assisted and Independent Living facilities to construct an 11- story, 165-unit senior living residential building consisting of 140- dwelling units, 25 memory care rooms and 70 parking spaces. The applicant seeks one site development allowance for the proposed number of dwelling units (140 where 84 is the maximum allowed). In addition, the applicant may seek and the Plan Commission may consider additional Site Development Allowances as may be necessary or desirable for the proposed development. Chairman Ford alerted the Commission and the public that Commissioner Brown had recused himself due to possible business conflicts. He then stated that a continuance had been granted and no additional continuance could be granted unless requested from the Commission. Mr. Daniel Spore, resident, was given the opportunity to present a PowerPoint regarding the project. He then stated his opposition, siting excessive building height and the building’s lack of proper context in the neighborhood. Chairman Ford continued with the public hearing for public comment. Adrian Levine, resident, expressed that parking is still a concern, not just for residents but employees, caretakers and other visitors. Christine Brady, resident, stated that the Grand Bend development on Ridge was originally several stories taller and Plan Commission at that time decided against it. She stated that there should be consistency with approved development in that area. Victoria Ramos, resident, requested that a short video be presented detailing the height and neighborhood context for the development. The video was then shown. Gwen Stein, resident, stated that she does not object to the proposed use but would prefer that development not exceed the height of surrounding buildings. Lisa Rose, resident, stated that the development is too dense and tall for the lot size. Jessica Feldman, resident, stated that more should be known about a facility operator and expressed concern over the developer not having more concrete plans for an operator at this point in the project review. Beth Canizaro, resident, stated that the building height and size is wrong for the neighborhood. She then inquired about what would happens if the project does not work, reiterating that she does not object to the use but the scale of the building. David Hill, resident, expressed concern with the building with regards to the character of the surrounding community. Mr. McLean responded to the citizen comments, explaining that the height of the building is within the community context, which includes the E2 development, and that the proposed D4 zoning was felt to be more consistent with adjacent zoning in the area. He continued stating similar facilities in Evanston have significant waiting 602 of 620 APPROVED Page 3 of 5 Plan Commission Minutes 4/6/2016 lists and that an operator for the proposed facility will be decided upon prior to the City Council meeting. This will lend itself to specific programming for the facility. He then emphasized changes that were made to aid in vehicle circulation and stated that there will be a total of 127 parking spaces when the valet option is used and cars parked in tandem for busier days such as holidays, alleviating potential parking issues. Ms. Jones then provided a summary of the project characteristics and reviewed the standards of approval for the planned development, special use and map amendment. She stated that staff recommends approval of the proposed project subject to the conditions specified in the staff report. Chairman Ford closed the Public Hearing. Commissioner Dubin remarked as a point of clarification, that tax benefits are not included in the consideration of benefits by the Plan Commission. Commissioner Lewis inquired about the stability of the site with regards to gra de changes then asked for more information regarding previous use and zoning of the site and residences across Ridge Avenue. Ms. Jones responded to the zoning question, stating that the site has been zoned C2 commercial for some time likely due to previously existing uses and that no recent rezoning had occurred at the site. Mr. Latinovic confirmed the zoning for the residences across from the development site along Ridge Avenue were zoned O1- Office which allows dwelling units as a special use and the Grand Bend development was zoned R5 General Residential. Mr. McLean then explained that the grading for the site will match the sidewalk along Ridge Avenue. Commissioner Ford asked what stormwater run-off systems will be in place. Mr. McLean responded that there will be retention system below the parking area on site. Commissioner Dubin inquired why there was a large amount of bicycle parking. Mr. McLean clarified that the bicycle parking is mostly for the benefit of employees and visitors. Chairman Ford clarified that an operator will be chosen before City Council and that an operator is more of an appropriate concern for the Council than for the Plan Commission. Commissioner Pigozzi agreed. Mr. McLean indicated that a licensed provider must be used in what will also be a licensed facility. Commissioners Lewis and Pigozzi briefly discussed what they feel was an improved design of the building. Chairman Ford expressed that he was of two minds; he likes the proposed use for the downtown zoning however he is uneasy about the scale of the development in its proposed location. Commissioner Lewis inquired about the requested density and emphasized the low number of site development allowances being requested. Mr. Latinovic responded that the development as presented is rare relating to the scale of the project and the 603 of 620 APPROVED Page 4 of 5 Plan Commission Minutes 4/6/2016 number of allowances requested. He indicated that the smaller size of the units lends itself to a greater number of units at the site and that the building fits the transitional nature of the proposed zoning. Chairman Ford stated that the zoning change from C2 to D4 was substantial in addition to the single allowance request. Mr. Latinovic responded that the project went through significant review to determine the best zoning district for the site that would fit the scale of the surrounding neighborhood. Commissioner Lewis expressed that the development itself acts as a community and he wondered if lowering the number of floors and residents within would still enable this community to work. Commissioner Pigozzi stated that the proposed development is one of the last parcels that are reasonably available in the downtown area and being adjacent to the train tracks can make the parcel more difficult to develop. He continued, agreeing that the proposed project is a good use given the waiting lists of similar facilities. Commissioner Pigozzi finished by stating that the height fits within the zoning code and that the “bowl” affect believed to be introduced by this development can actually be created by a number of things including major arterials and transit lines. A brief discussion followed with Commissioner Belisle and Commissioner Dubin commenting regarding the height. Chairman Ford asked for a motion on the finding of facts and standards for approval. Commissioner Pigozzi made a motion to approve the development with the conditions as listed in the staff memo as well as approve the findings of facts that the standards for the map amendment, special use and planned development have been met. Commissioner Lewis seconded the motion. Commissioner Goddard requested that a condition be added that the operator for the facility be confirmed prior to City Council. She made a motion to include the additional condition. Commissioner Lewis seconded the motion. A voice vote was taken and the motion was approved, 4-2. A roll call vote was then taken on the amended motion to approve. The motion was approved 4-2. Ayes: Dubin, Goddard, Lewis, Pigozzi Nays: Belisle, Ford 4. OTHER BUSINESS There was no other business. 5. PUBLIC COMMENT There was no public comment. 604 of 620 APPROVED Page 5 of 5 Plan Commission Minutes 4/6/2016 5. ADJOURNMENT There being no further discussion, Commissioner Pigozzi made a motion to adjourn the meeting. Commissioner Lewis seconded the motion. A voice vote was taken and the motion was approved by voice call 6-0. The meeting was adjourned at 8:26 pm. Respectfully Submitted, Meagan Jones Neighborhood and Land Use Planner Community Development Department 605 of 620 Employee Transportation Policy Policy: Ridge Assisted Living (RAL) assists employees with getting to work on time to provide needed services to our residents and to respect other team members that need to leave after their shifts. RAL has an individualized commuter plan with parking options, transit routes from their home, recommended bike routes and trails, and ridesharing options. We also want to minimize the negative impacts to those who own vehicles such as securing limited parking, having expenses of car ownership or other expensive or cumbersome efforts related to driving your own vehicle to work. We understand those who prefer to utilize their personal vehicle instead of using alternate means of transportation is because they fear if an event of a sudden illness, accident or emergency occurs, they will not be able to leave right away. RAL has implemented an Emergency Ride Home program where the community will provide transportation services via community bus, Uber, taxi cab, etc. to ensure those employees utilizing one of the options listed below can be transported immediately to their ideal location within a 3-mile radius. The employee’s supervisor has full discretion when it comes to defining an actual illness, accident or emergency. Since RAL has limited parking options and will only be able to accommodate to those employees who are required to drive for company purposes related to marketing, nursing assessments, and other administrative or management tasks and responsibilities. To meet all of these goals, Ridge Assisted Living is offering the following options for those employees that are not required to drive for company purposes: 1. Metro pass/bus pass: RAL will provide $_____ or vouchers for transit passes at the beginning of each month to all full time employees who wish to utilize this option of transportation. 2. Community Bus: RAL will provide a bus schedule for the RAL community bus that will be available to pick-up or drop off employees that park or live within a 3-mile radius per the bus schedule. Please see RAL concierge for an updated bus schedule and pick-up/drop-off locations which will be posted monthly. 3. Carpooling: RAL's concierge will be available to assist with implementing a carpooling schedule for employees. 4. Biking: a. RAL does have designated bike parking for employees in the parking garage, employees are responsible for securing their personal bike. b. RAL also has a bike sharing program. If interested in the bike sharing program, please see your Administrator. 606 of 620 607 of 620 608 of 620 For City Council meeting of July 25, 2016 Item O1 Ordinance 77-O-16: Establishment of the Housing, Homelessness and Human Relations Commission For Action To: Honorable Mayor and Members of the City Council From: Kimberly Richardson, Assistant to the City Manager Wally Bobkiewicz, City Manager Subject: Ordinance 77-O-16, Amending the City Code to Establish the Housing, Homelessness and Human Relations Commission Date: July 12, 2016 Recommended Action: The Rules Committee and staff recommend City Council adopt Ordinance 77-O-16, which amends the City Code to merge the Housing and Homelessness Commission, Human Relations Commission and ADA Advisory Committee into the Housing, Homelessness and Human Relations Commission. Background: This Ordinance consolidates the Human Relations Commission, the ADA Advisory Committee, and the Housing and Homelessness Commission to more effectively and efficiently utilize the City’s resources. The City of Evanston has a Human Relations Commission whose primary function is to improve the human relations within the City; an ADA Advisory Committee that advises the City in pursuing its ongoing commitment to make the City and its programs, services, and activities accessible to all individuals, including individuals with disabilities; and a Housing and Homelessness Commission that is responsive to the needs for change in housing related matter to the end of maintaining a diverse residential environment and to conserve property values within the community and combat homelessness. Legislative History: On June 20, 2016, the City of Evanston Rules Committee approved the changes to ordinance, with one amendment, changing the name of the Commission from Housing and Human Relations Commission to Housing, Homelessness and Human Relations Commission. Attachments: Ordinance 77-O-16 Memorandum 609 of 620 6/13/2016 77-O-16 AN ORDINANCE Amending Portions of the City Code Creating a “Housing, Homelessness, and Human Relations Commission” NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Legislative Statement. This Ordinance consolidates the Human Relations Commission, the ADA Advisory Committee, and the Housing and Homelessness Commission to more effectively and efficiently utilize the City’s resources. The City of Evanston has a Human Relations Commission whose primary function is to improve the human relations within the City; an ADA Advisory Committee that advises the City in pursuing its ongoing commitment to make the City and its programs, services, and activities accessible to all individuals, including individuals with disabilities; and a Housing and Homelessness Commission that is responsive to the needs for change in housing related matters to the end of maintaining a diverse residential environment and to conserve property values within the community and combat homelessness. The City Council determines that it is in the best interest of the City to combine all three boards and commissions into a Housing, Homelessness, and Human Relations Commission. Article VII, Section (6)a of the Illinois Constitution of 1970, which states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule units be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164). Pursuant to 65 ILCS 5/1-2-1, the City may make all 610 of 620 77-O-16 ~2~ rules and regulations to carry into effect the powers granted to the City, such broad and general grant of authority complementing the City’s home rule powers. At meetings held in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.), the City Council considered this Ordinance, heard public comment, and made findings. It is well-settled law in Illinois that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747(1991)) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124 (1995)). The City Council finds that creating a more efficient and effective local government by reducing the number of boards and commissions while maintaining high standards are a priority within the City of Evanston. The City Council desires to amend the City Code to combine the functions of the Human Relations Commission, ADA Advisory Committee and the Housing and Homelessness Commission into a newly established Housing, Homelessness, and Human Relations Commission. SECTION 2: Title 2, Chapter 4 of the Evanston City Code of 2012, as amended (“City Code”), is hereby deleted in its entirety and shall read as follows: CHAPTER 4 – HOUSING, HOMELESSNESS, AND HUMAN RELATIONS COMMISSION 2-4-1: PURPOSE. In order to protect and promote the public health, safety, and welfare of the residents, the City Council establishes a Housing, Homelessness, and Human Relations Commission (“Commission”) to provide for the planning, expansion, maintenance, conservation and rehabilitation of Evanston's housing stock and to be responsive to needs for change in housing related matters to the end of maintaining a diverse residential environment and to conserve property values within the community and to combat homelessness. It is further found that the Commission is necessary to monitor and maintain compliance with fair housing and other protections afforded to a ny individual with a disability or who is a member of a protected class. 611 of 620 77-O-16 ~3~ 2-4-2: MEMBERSHIP. The Commission consists of nine (9) members who serve without compensation and are residents of the City of Evanston. The members must include the following: (A) One (1) member who resides in a rental unit in Evanston; (B) One (1) member who is a landlord that owns at least one (1) multi-family building in Evanston; (C) One (1) member of a protected class or who has a background or experience in human rights, fair housing, environmental justice or similar areas; (D) One (1) member who is able to adequately represent the housing needs of seniors; and (E) One (1) member who is an Alderman. 2-4-3: TERM. Commission members are appointed to three (3) year terms by the Mayor with the advice and consent of the City Council. Non-aldermanic members may serve for not more than two (2) full terms. 2-4-4: POWERS AND DUTIES. In carrying out its responsibilities, the Commission must: (A) Evaluate and recommend tools to expand or maintain affordable housing to the Planning and Development Committee; (B) Provide recommendations on the use of the City’s Affordable Housing Fund dollars to the Planning and Development Committee; (C) Provide recommendations on the use of the City’s HOME Investment Partnerships Program (“HOME”) funds to the Planning and Development Committee; (D) Provide recommendations on the use of the City’s Emergency Shelter Grant Program (“ESG”) funds to the Human Services Committee; (E) Oversee the implementation of the City’s Inclusionary Housing Ordinance ; (F) Monitor and review information on cases of discrimination in Evanston that are directed at members of any of the protected classes under federal, state, county or local law; (G) Ensure a referral process for discrimination complaints to the Illinois Department of Human Rights (“IDHR”) and the United States Department of Housing and Urban Development (“HUD”), as appropriate; (H) Fund priority programs and projects that help to preserve and create affordable housing, promote fair housing, and address the needs of the homeless; (I) Submit an annual report to City Council on the goals, activities and accomplishments of the Commission; and 612 of 620 77-O-16 ~4~ (J) Create subcommittees, as necessary, in furtherance of the Commission ’s purpose. 2-4-5: ADOPTION OF RULES; SELECTION OF A CHAIRPERSON. The Commission must annually elect a Chairperson from among its members. The Commission must also adopt rules and regulations necessary to exercise its responsibilities. SECTION 3: Title 2, Chapter 12 of the City Code, “ADA Advisory Board,” is hereby deleted in its entirety and intentionally left blank. SECTION 4: Title 5, Chapter 6 of the City Code, “Evanston Housing and Homelessness Commission,” is hereby deleted in its entirety and intentionally left blank. 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 on January 1, 2017. 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. Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor 613 of 620 77-O-16 ~5~ Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 614 of 620 For City Council meeting of July 25, 2016 Item O2 Ordinance 81-O-16: Merging Parks and Recreation Board and Citizen’s Advisory Committee on Public Place Names For Action To: Honorable Mayor and Members of the City Council From: Kimberly Richardson, Assistant to the City Manager Wally Bobkiewicz, City Manager Subject: Ordinance 81-O-16, Amending the City Code to Merge the Parks and Recreation Board and Citizen’s Advisory Committee on Public Place Names Date: July 12, 2016 Recommended Action: The Rules Committee and staff recommend City Council adopt Ordinance 81-O-16 Amending Title 7, Chapter 9 of the Evanston City Code, as amended, which merges the functions of the Parks and Recreation Board and Citizen’s Advisory Committee on Public Place Names into a newly established Parks, Recreation and Community Service Board. Background: This ordinance consolidates the Parks and Recreation Board with the Citizen’s Advisory Committee under the Parks, Creation and Community Service Board. The Parks and Recreation Board’s primary function is to provide direction for the planning, design, and maintenance of all playgrounds, parks, recreational facilities, and open spaces owned, leased, or operated by the City; The Citizen’s Advisory Committee on Public Place Names recommend’ s appropriate names for public places. Legislative History: On June 20, 2016, the City of Evanston Rules Committee approved the changes to ordinance. Attachments: Ordinance 81-O-16 Memorandum 615 of 620 6/13/2016 81-O-16 AN ORDINANCE Amending Portions of the City Code Creating a Parks, Recreation and Community Services Board NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Legislative Statement. This Ordinance consolidates the Parks and Recreation Board with the Citizen’s Advisory Committee on Public Place Names to more effectively and efficiently utilize the City’s resources. The City of Evanston has a Parks and Recreation Board whose primary function is to provide direction for the planning, design, and maintenance of all playgrounds, parks, recreational facilities, and open spaces owned, leased, or operated by the City; and a Citizen’s Advisory Committee on Public Place Names to recommend appropriate names for public places. The City Council determines that it is in the best interest of the City to combine the Parks and Recreation Board with the Citizen’s Advisory Committee on Public Place Names into a Parks, Recreation and Community Services Board. Article VII, Section (6)a of the Illinois Constitution of 1970, which states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule units be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164). Pursuant to 65 ILCS 5/1-2-1, the City may make all rules and regulations to carry into effect the powers granted to the City, such broad and general grant of authority complementing the City’s home rule powers. At meetings held in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et 616 of 620 81-O-16 seq.), the City Council considered this Ordinance, heard public comment, and made findings. It is well-settled law in Illinois that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747(1991)) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124 (1995)). The City Council finds that creating a more efficient and effective local government by reducing the number of boards and commissions while maintaining high standards are a priority within the City of Evanston. The City Council desires to amend the City Code to combine the functions of the Parks and Recreation Board with the Citizen’s Advisory Committee on Public Place Names into a newly established Parks, Recreation, and Community Services Board. SECTION 2: Title 7, Chapter 9 of the Evanston City Code of 2012, as amended (“City Code”), is hereby deleted in its entirety and shall read as follows: CHAPTER 9 - PARKS, RECREATION AND COMMUNITY SERVICES BOARD 7-9-1: PURPOSE. In accordance with 65 ILCS 5/11-95-2 and pursuant to its powers as a home rule unit of government, the City of Evanston hereby establishes the Parks, Recreation and Community Services Board (“Board”). The Board maintains, equips, and operates the City’s playgrounds and recreations centers and the buildings thereon, pursuant to 65 ILCS 5/11-95-2. The Board also recommends appropriate names for public places and implements the Honorary Street Name Sign Program. 7-9-2: MEMBERSHIP. The Board consists of nine (9) members who serve without compensation and are residents of the City of Evanston. 7-9-3: TERM. Board members are appointed to five (5) year terms by the Mayor with the advice and consent of the City Council. 617 of 620 81-O-16 7-9-4: POWERS AND DUTIES. In carrying out its responsibilities, the Board must: (A) Perform the duties prescribed by 65 ILCS 5/11-95-1 et seq., as amended. Specifically, the Board must: 1. Provide direction for the planning, design and maintenance of all playgrounds, parks, recreational facilities, and open spaces owned and/or leased by the City of Evanston; and 2. Provide direction for the development, supervision, and operation of all recreational programs and activities operated by the City of Evanston and/or its authorized affiliates; (B) Act in an advisory capacity to the City Council on the request for public place names, in accordance with the following standards: 1. The close association of the individual proposed with Evanston; 2. A distinguished career in which high service has been rendered to or distinction brought to Evanston; 3. A reasonable relationship between the importance of the place being named and the distinction of the person whose name it will bear; 4. The condition imposed by the donor of lands or funds to be used in the public place; and 5. No public place should be named after individuals deceased less than five years except where a donation of land is made or an individual donor has contributed significantly for development of the public place; (C) Act in an advisory capacity to the City Council on the request to establish an honorary street name; and (D) Create subcommittees, as necessary, in furtherance of the Board’s purpose. 7-9-5: RULES AND REGULATIONS; SELECTION OF A CHAIRPERSON. (A) The Board is empowered to adopt regulations, after making a written determination that the welfare of the parks or the public requires such regulations, concerning the safe and proper use of property and facilities used by the general public under the control of the Board; (B) The Board is authorized and empowered to adopt regulations pertaining to the use of the parks, beaches and water adjacent to such parks and beaches, particularly the activities of fishing, waterskiing, swimming, sledding, skiing, skating and all other lawful activities conducted upon such premises, and the consumption of food and beverages, and the use of any such facility in a manner contrary to its intended use or in such a manner as to constitute a danger to any person using such facility. Said rules and regulations shall not conflict with those regulations set forth in Chapters 10 and 11 of this Title; (C) Rules and regulations so adopted shall be transmitted in writing to the City Council on a Monday, no less than forty-five (45) days prior to their proposed effective date. The City Council may consider, reject or refer such proposed 618 of 620 81-O-16 regulations back to the Board within such period. Failure so to do within twenty- one (21) days is deemed an approval. No such rule or regulation must become effective until ten (10) days after it has been published in the manner provided for by ordinances, and notice of such regulation shall have been posted in the area affected. (D) The Board must cause the posting of notice of regulations in those areas in which such regulations are in force and effect. (E) Every person who violates a properly adopted and posted regulation of the Board is guilty of an offense punishable by a fine in an amount not to exceed seven hundred fifty dollars ($750.00). (F) The Board must annually elect a Chairperson from among its members. (G) The Board may also adopt additional rules and regulations necessary to exercise its responsibilities. 7-9-6: AUTHORITY TO ENFORCE. The City Manager and his/her designees are authorized to enforce regulations of the Board in accordance with the provisions of this Chapter. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This ordinance shall be in full force and effect on January 1, 2017. SECTION 5: 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. Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor 619 of 620 81-O-16 Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 620 of 620